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

Vol. 143 WASHINGTON, WEDNESDAY, JANUARY 22, 1997 No. 5 Senate The Senate met at 10 a.m. and was for up to 5 minutes each, with the fol- Members will be notified accordingly. I called to order by the President pro lowing exceptions: Senator GRASSLEY think at this point there does not ap- tempore [Mr. THURMOND]. for 60 minutes—and I see he is here and pear to be a necessity for us to have prepared to proceed—Senator FEIN- votes on Friday, although I am not PRAYER STEIN for 30 minutes, and Senator making that commitment yet. Just be The Chaplain, Dr. Lloyd John DASCHLE 30 minutes. prepared to have more votes possibly Ogilvie, offered the following prayer: At 12 noon today, following morning today and tomorrow, on Thursday. business, the Senate will proceed to ex- God who gave us life, gave us liberty. I yield the floor, Mr. President. Can the liberties of a nation be secure ecutive session to consider the nomina- tion of Madeleine Albright to be Sec- when you remove the conviction that f these liberties are a gift of God? retary of State. Under the order that has been agreed to, there will be 2 Dear God, we open this Senate with a RESERVATION OF LEADER TIME resounding response to Thomas Jeffer- hours and 10 minutes for debate on the nomination, with the vote to occur at son’s pointed question. We reaffirm our The PRESIDING OFFICER (Mr. the conclusion or yielding back of the conviction that we are one Nation BROWNBACK). Under the previous order, debate time. the leadership time is reserved. under Your sovereign authority. So I presume that will be around 10 You were the inspiration of our Con- minutes after 2 or so. It is my hope stitution that makes our Nation dis- that some of that debate time will be f tinctly different and the author of the yielded back so the Senate may vote on liberties that distinguish our democ- the nomination early enough to accom- MORNING BUSINESS racy. May our gratitude for these lib- modate our colleagues who wish to at- The PRESIDING OFFICER. Under erties stir up our patriotism and tend the wake of former Senator Paul the previous order, there will now be a strengthen our leadership. Our motto, Tsongas. ‘‘In God We Trust,’’ is more than a Following the vote on the Albright period for the transaction of morning shibboleth; it exposes our deepest com- nomination, I expect an additional pe- business not to extend beyond 12 noon mitment to trust You to guide us as we riod of morning business to allow Sen- with Senators permitted to speak seek to confront the problems of our ators to introduce legislation they therein for not to exceed 5 minutes. secularized society with Your solu- have been working on or perhaps to Again, under the previous order, the tions, Your absolutes in a culture that make comments on bills that were in- Senator from Iowa [Mr. GRASSLEY] is relies on relativism. We ask You to troduced yesterday. recognized to speak for up to 60 min- begin a spiritual awakening in our land Finally, I will announce that, if utes. and begin with us. In the name of our available later this week, the Senate Mr. GRASSLEY. Mr. President, I Lord and Savior. Amen. may consider the nomination of our yield from my time the Senator from f former colleague, Senator Bill Cohen, Texas 5 minutes for her to use any way to be Secretary of Defense. We are not she wants. I thank her for being one of RECOGNITION OF THE MAJORITY sure exactly how that will proceed. The the 54 cosponsors of the legislation I LEADER committee is scheduled to have a hear- am going to speak on and introducing The PRESIDENT pro tempore. The ing today. We are looking at the possi- this morning. able majority leader is recognized. bility of whether or not it could be The PRESIDING OFFICER. The Sen- Mr. LOTT. I thank the Chair. taken up either later today or, if not ator from Texas is recognized. today, then late tomorrow after our f Mrs. HUTCHISON. I thank the Chair. delegation returns from Massachusetts. THANKING THE CHAPLAIN I had indicated to the President our I thank the Senator from Iowa for al- Mr. LOTT. Mr. President, again we desire to cooperate with him in getting lowing me to introduce two more bills thank our Chaplain for his words of his foreign policy and defense Cabinet and also thank him for his leadership wisdom in his morning prayer. nominees in place as soon as possible. on the bill that he will talk about later to give some much needed and appro- f So I would really like to see us get that done this week. I know there will be priate relief for the farm families of SCHEDULE support for that on both sides of the our country. Mr. LOTT. Today there will be a pe- aisle. Mr. President, I send a bill to the riod for morning business until 12 Therefore, additional rollcall votes desk and ask that it be referred to the o’clock noon, with Senators to speak may occur today or this week and appropriate committee.

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

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VerDate Mar 15 2010 22:20 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\1997SENATE\S22JA7.REC S22JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S580 CONGRESSIONAL RECORD — SENATE January 22, 1997 The PRESIDING OFFICER. The bill State Street in Montpelier. The Na- Mr. President, let us stop and think. will be referred to the appropriate com- tional Life Insurance Building had its If we destroy, either by our actions or mittee. headquarters at that time there. My others’, the respect that these institu- Mrs. HUTCHISON. I thank the Chair. family had their home almost across tions of Government must have, how (The remarks of Mrs. HUTCHISON per- the street where they had the Leahy long do we remain a democracy and taining to the introduction of S. 179 are Press. My father, who was probably the how long before the checks and bal- located in today’s RECORD under only Democrat in Montpelier at the ances that have been so carefully built ‘‘Statements on Introduced Bills and time, was standing in front of the Na- up, and built up based on the trust of Joint Resolutions.’’) tional Life Building. the American people, how long before (The remarks of Mrs. HUTCHISON per- You must understand, National Life that trust is destroyed, the checks and taining to the introduction of S. 180 are was sort of an adjunct to the Repub- balances fail, and suddenly you have an located in today’s RECORD under lican Party. They would determine, opening for a person on horseback to ‘‘Statements on Introduced Bills and along with a couple other companies, come in and take over the reins of Joint Resolutions.’’) who would be Governor this year to the power of the last great nuclear super- The PRESIDING OFFICER. The Sen- next year and the next year at a time power, with the largest economy in the ator from Iowa is recognized. when we were solely a one-party State. world, the most powerful nation on Mr. GRASSLEY. I thank the Chair. I must say, as a Democrat I will have Earth, a nation that can justify its to admit they came up with some pret- (The remarks of Mr. GRASSLEY, Mr. power and its position in this world ty good Governors too, but very, very GRAMS, Mr. ABRAHAM, and Mr. CAMP- only if it remains a democracy, only if BELL pertaining to the introduction of much a Republican hierarchy place. As the car went by, the President of it represents its own people, only if the S. 181 are located in today’s RECORD the National Life took off his hat, reins of power maintain the respect of under ‘‘Statements on Introduced Bills stood at attention holding it over his the people. and Joint Resolutions.’’) heart. My father, standing next to him, So I go back to that August day in Mr. GRASSLEY. Mr. President, I said, ‘‘I never thought I’d see the day Montpelier, VT, when that man was suggest the absence of a quorum. that you would take off your hat to holding his hat over his heart as Presi- The PRESIDING OFFICER. The Franklin Roosevelt.’’ dent Roosevelt went by, and as my fa- clerk will call the roll. He turned to my father and said, ther, a loyal long-time Democrat, may The legislative clerk proceeded to ‘‘Howard, I didn’t take off my hat to God rest his soul, took his hat off and call the roll. Franklin Roosevelt. I took off my hat held it over his heart when President Mr. LEAHY. Mr. President, I ask for the President of the United States Eisenhower honored the State of unanimous consent that the order for of America.’’ My father told me that Vermont and drove through, and as I the quorum call be rescinded. story so many times growing up, and I did, as a young prosecutor, for Presi- The PRESIDING OFFICER. Without had met the man who did that and I dent Johnson and President Nixon and objection, it is so ordered. knew the facts of it. I recounted the President Bush and President Clinton, Mr. LEAHY addressed the Chair. story to a number of people, people stand at attention, thinking how hon- The PRESIDING OFFICER. The Sen- writing books or speaking on this, as ored our State was that they came and ator from Vermont. an example of a different era. Now, this brought with them the symbols of the Mr. LEAHY. Mr. President, I ask man would never have voted for Frank- office of the Presidency. unanimous consent that I might be lin Roosevelt. He would have supported Let us try. It is difficult in the time able to speak for 5 minutes, not on the whoever ran against him, but he re- of the 30-second sound bites and special time of the Senator from Iowa. spected the office of the Presidency, as interest groups on the right and left. It The PRESIDING OFFICER. The 5 he respected the office of the Congress. minutes would have to come out of the I hope, Mr. President, that all of us is difficult when partisan feelings run time from the Senator from Iowa. who serve in the Congress, in both par- high. But let us step back and say: Re- Mr. LEAHY. Mr. President, if nobody ties, would stop trying to figure out spect this country; respect the institu- else on his list is seeking recognition, I how best to tear down these institu- tions; respect the integrity and the wonder if I might continue. tions. We are the most powerful democ- independence of our judiciary; respect Mr. GRASSLEY. Can we extend my racy history has ever known. We are the good will and patriotism of the time for 5 minutes to 11:05? the only superpower in the world men and women who have the oppor- I will yield to the Senator from today. That brings with it certain re- tunity to serve in the U.S. Senate and Vermont 5 minutes out of my time. sponsibilities—to stay both a democ- the House of Representatives; respect Mr. LEAHY. I thank the Senator racy and so powerful a country. We did the fact that we, as a Nation, elect our from Iowa for his normal courtesy. Ob- it because of the genius of our three- President, a President who constitu- viously, if someone from his group part Government—the executive tionally can serve only 4 years at a comes to the floor seeking recognition, branch, legislative branch, and the ju- time and no more than 8; respect the I will yield the floor. dicial branch. fact that we have those checks and bal- f In recent years, with both Democrat ances. Maybe we ought to work at and Republican Presidents, it has be- making Government work and earn the BIPARTISANSHIP IN THE 105TH come a sport in this Nation to find respect of our people and not try in so CONGRESS every conceivable way to tear them many ways to tear Government apart. Mr. LEAHY. I just have heard so down no matter what they do. I would Mr. President, I thank my good much, Mr. President, about a desire to ask myself and the public, is it con- friend from Iowa for his courtesy, and return to less partisanship and more ceivable that any person, man or I yield the floor. comity at both ends of Pennsylvania woman, Democrat or Republican, could Mr. GRASSLEY. Mr. President, I Avenue. I hope that might happen for ever, anywhere in this Nation of 260 suggest the absence of a quorum. the sake of this country. million people, reach the level of virtue I go back to an experience my father and be the paragon that we seem to in- The PRESIDING OFFICER. The used to tell me about when I was a sist our President should be? If so, then clerk will call the roll. child. It was in 1936. I was not yet that person is not a representative of The legislative clerk proceeded to alive. But my father was born, raised 260 million Americans. But we try call the roll. in Vermont. At that time it was prob- every which way to diminish the power Mr. LEAHY. Mr. President, I ask ably the most Republican State in the of the Presidency, the leader of the unanimous consent that the order for Union, one of only two States, for ex- most powerful nation on Earth. In the the quorum call be rescinded. ample, that voted for Alf Landon in the Senate and in the House we do it to Franklin Roosevelt landslide. ourselves, so that, again, the respect of The PRESIDING OFFICER. Without President Franklin Roosevelt came the Nation is diminished. Now we see objection, it is so ordered. to Vermont in 1936, actually August 1, more and more attempts to do it to the Mr. LEAHY. Mr. President, I ask the 1936. He went in an open car down judiciary. distinguished Senator from Iowa if he

VerDate Mar 15 2010 22:20 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\1997SENATE\S22JA7.REC S22JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 22, 1997 CONGRESSIONAL RECORD — SENATE S581 would have any objection if I continue scribes the horrific impact of land mines icy. We need her active and sustained on another matter, with the under- around the world. Ending the devastation of support in this. standing that, of course, I will yield what I have called ‘‘weapons of mass destruc- She is going to have her plate full. I the floor when one of his speakers tion in slow motion’’ is a high priority. As urge her to give special attention to President Clinton told the United Nations the needs of our own hemisphere, and I comes on the floor. General Assembly just a few days ago, ‘‘our Mr. GRASSLEY. No objection, as- children deserve to walk this earth in safe- know that she will. We have seen real suming that if some of my cosponsors ty.’’ progress toward democracy and free come to the floor, he will yield to me. This is why the United States is at the markets in Latin America, but the fu- Mr. LEAHY. Yes. forefront of efforts to end the use of land ture is far from certain. The PRESIDING OFFICER. The Sen- mines and their stockpiling, production, and We have a compelling interest in ator from Vermont. transfer. In the last few months, dozens of stopping the flow of drugs and refugees, countries have joined a moratorium on these f in strengthening civilian governments activities and in a few weeks, at the direc- and seeing human rights respected in MADELEINE ALBRIGHT tion of President Clinton, I will introduce a resolution in the UN that will commit the places where they are not, and in Mr. LEAHY. Mr. President, there are world community to negotiating and con- broadening our trade relations. I know few jobs on Earth more demanding, or cluding an international agreement designed of nobody who would give a better where the stakes are greater, than the to end the scourge of these dreadful weapons voice to that. Secretary of State of the United forever. So I think Madeleine Albright was a States. The daily business of most At the same time, as the author discusses, superb choice. She will make us all heads of state around the world pales tens of millions of land mines are already in proud, as she already has as our rep- in comparison. the ground and they go on killing and maim- resentative to the United Nations. And ing long after the conflict has ended. Along The President has made an out- with other countries, we have contributed I think the fact that we are hearing standing nomination. Madeleine more than $90 million to demining efforts, such strong voices on both sides of the Albright brings to this job a lifetime of and we are working hard to develop new aisle commending this choice bodes experience. She has proven her tough- technology to lower the costs of clearance well for her as Secretary of State, and ness and her fairness many times over. and to reduce the danger to those heroes in- for all Americans. She will be con- She has been an unwavering champion volved in this perilous work. firmed overwhelmingly. of the fundamental ideals our Nation Finally, we are helping prevent greater It truly is the American dream when suffering by alerting and educating on the the daughter of a Czechoslovakian es- stands for. hazards those millions of civilians, particu- She has been a strong voice for inter- larly children, whose lives are not only caping communism becomes America’s national human rights and the dignity under threat everyday but whose ability to Ambassador to the United Nations, and of all people. She is going to be looked rebuild their communities is circumscribed the Secretary of State of this great Na- at by millions of people all over the by the hidden danger under roads, beneath tion. world—in democracies and countries playgrounds, or in unsown fields. Mr. President, again, I thank my that are not democratic—as our voice Whether in Cambodia, Angola, Bosnia, or dear friend from Iowa for his cus- in foreign affairs. in many other places, I have seen first hand tomary courtesy, and I yield the floor. the heartbreaking devastation of land mines Mr. GRASSLEY. Mr. President, I My wife Marcelle and I have been and the continuing tragedy that they inflict. privileged to know Madeleine Albright suggest the absence of a quorum. At the UN and around the world, as well as The PRESIDING OFFICER. The for over 20 years. We have traveled at the just-concluded Ottawa Conference, we with her and we have worked with her. will continue doing all we can to end this clerk will call the roll. I also had the privilege to be appointed horror and make our earth safe once again. The legislative clerk proceeded to as a congressional delegate to the Mr. LEAHY. As Secretary of State, call the roll. Mrs. FEINSTEIN. Mr. President, I United Nations, when I joined with her Madeleine Albright and I will have ask unanimous consent that the order in introducing resolutions on land- many conversations on a wide range of for the quorum call be rescinded. mines. I have always found her to be a foreign policy issues. I know Secre- The PRESIDING OFFICER (Mr. GOR- person of the highest integrity, the taries have traditionally steered clear TON). Without objection, it is so or- greatest ability, wide-ranging knowl- of budgetary issues. As the budget for dered. edge, and one real tough ambassador foreign assistance has fallen sharply in Mrs. FEINSTEIN. Mr. President, I when she has to be, to protect the in- recent years, I hope she will become ask that I be recognized in morning terests of the United States. more directly involved in reversing business for approximately 30 minutes. On an issue dear to my heart, the this dangerous trend. Secretary Chris- The PRESIDING OFFICER. Under abolition of antipersonnel landmines, topher called the decline in funding for the previous order, the Senator from we could not ask for a more forceful or foreign assistance ‘‘the biggest crisis California controls the time until 11:30. passionate advocate for an inter- we are facing in foreign policy today.’’ Mrs. FEINSTEIN. I thank the Chair. national ban. Her trip to Angola last Not Bosnia. Not the Middle East. Not f year and her poignant descriptions of the fate of democracy in Russia. Not what she saw there gave a great boost North Korea. Not renewed violence in FEDERAL GANG VIOLENCE ACT OF to the effort to ban landmines not only Northern Ireland. Not the simmering 1997 in this country, but worldwide. conflict between India and Pakistan— Mrs. FEINSTEIN. Mr. President, I The recent United Nations vote, with both nuclear powers. Not the danger of rise today to discuss the Federal Gang 156 nations in favor and none opposed, plutonium ending up in the hands of Violence Act of 1997 which was intro- for a U.S. resolution calling for urgent terrorists. Not war and hunger in Afri- duced yesterday by Senator HATCH on negotiations on a treaty to ban anti- ca. behalf of himself and this Senator from personnel mines, was made possible in No, all of those things. Because we California. I also believe my senti- no small part because of Madeleine cannot deal with these problems unless ments and cosponsorship are joined by Albright’s active role. we are willing to pay the price. Leader- Senators HARKIN, REID, and D’AMATO. I ask unanimous consent to have ship costs money. Ambassador Albright Mr. President, this legislation makes printed in the RECORD a letter she knows that. the Federal Government a much more wrote to the editor of the Christian I believe she will make the foreign active partner in the war on criminal Science Monitor about her Angola trip. policy budget a high priority and keep activity that, I am regretful to say, has There being no objection, the mate- it at the top of the agenda. There have become violent and deadly and is per- rial was ordered to be printed in the already been a number of Senators, petrated by organized street gangs. RECORD, as follows: both Republicans and Democrats, who This bill was introduced with some dif- [From the Christian Science Monitor, Oct. have said strongly and forcefully—re- ferences in the last Congress, but the 11, 1996] spected voices in this Chamber—that need for the legislation has only in- ALBRIGHT VIEW OF LAND MINES they will work to ensure that the ad- creased, and today I hope to lay out The author of ‘‘A Sower of Land Mines ministration has the funding necessary the case for the need for the legisla- Pleads to End Them,’’ Oct. 2, eloquently de- to effectively carry out its foreign pol- tion.

VerDate Mar 15 2010 22:20 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\1997SENATE\S22JA7.REC S22JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S582 CONGRESSIONAL RECORD — SENATE January 22, 1997 Gang violence has become a problem Sergeant Jerry Flowers of the gang lector, and some 6,000 salespersons. in the United States of America of epic crime unit in Oklahoma City captured Their income is estimated by Chicago proportions, and I think few people the migration instinct of these gangs authorities to be $300,000 daily. really understand the degree to which when he said, ‘‘The gang leaders real- Let me talk for a minute about Rus- street gangs are crossing State lines ized that the same ounce of crack co- sian gangs. Russian organized crime and perpetrating violence. caine they sold for $300 in Los Angeles activity in the United States has been Today, the Department of Justice re- was worth nearly $2,000 in Oklahoma expanding for the past 20 years, but its ports that in the United States there City.’’ most significant growth has occurred are some 25,000 different street gangs. Let me now tell you about the size during the past 5 years. Mr. President, There are more than 652,000 members of and scope of some of America’s most 29 States now report activities by Rus- these gangs. And they are not loosely prominent street gangs. The Los Ange- sian crime groups. FBI Director Louis organized. They are not the street kids les Times recently conducted one of Freeh stated that more than 200 of Rus- glamorized in West Side Story. the most intensive investigative re- sia’s 6,000 crime gangs operate with Today’s gangs are very different. ports of major gang activity ever con- American counterparts in the United They are organized. They are sophisti- ducted by a newspaper in the United States, so they flow from Russia to the cated. They are traveling crime syn- States. United States and back. dicates much like the Mafia. They reg- Let me begin with the 18th Street Russian gangs tend to be more loose- ularly cross State lines to recruit new Gang and the picture the L.A. Times ly organized than other gangs, but they members. They traffic in drugs and painted. The 18th Street Gang has as have formed networks that operate and weapons, they smuggle illegal aliens, many as 20,000 members in southern shift alliances to meet particular they steal, and they murder. In just California alone—20 times the size of needs. The California attorney general one city, Los Angeles, consider this: the notorious Bloods and Crips. indicates that the most common ac- Nearly 7,300 of its citizens were mur- The 18th Street Gang is so influential tivities by Russian organized crime dered in the last 16 years from gang in narcotics trafficking that the gang gangs are fraud schemes involving fuel warfare—7,300 citizens. This is more now deals directly with Mexican and taxes, insurance, and credit card fraud. people than have been killed in all of Colombian drug cartels. The 18th But they also engage in more common the fighting in Northern Ireland. Street Gang actually rents street cor- organized crime activities: extortion, Gangs were responsible for 43 percent ners to nongang dope peddlers, forcing loan sharking, drug trafficking, auto of all homicides in Los Angeles in 1994. them to pay so-called taxes of up to theft and prostitution. They were responsible for 41 percent of $1,000 a day. Asian gangs: The Department of Jus- homicides in Omaha, NE, in 1995; more The gang is growing and spreading. tice indicates that among ethnic gangs, than half of all violent crimes in Buf- They have become the largest and fast- Jamaican and Asian gangs are consid- falo, NY, in 1994. In Phoenix, gang-re- est growing gang in Oregon, where they ered by law enforcement officials to lated homicides jumped 800 percent be- gunned down a 15-year-old member who pose the largest threat. Asian gangs tween 1990 and 1994. In Wichita, KS, wanted out of the gang. Utah officials have been identified as major threats drive-by shootings jumped from 8 in say the 18th Street Gang has arrived in more than 17 cities. In Los Angeles 1991 to 267 in 1993. That is a 3,000 per- there with a vengeance. alone, there are more than 100 Asian cent increase in just 2 years. And this Even internationally, the 18th Street gangs with 10,000 members. Illegal ac- is a smaller city—300,000 people. A Jus- Gang is fighting for turf. In El Sal- tivities include alien smuggling, mur- tice Department survey found that vador, 18th Street is warring with rival der, kidnapping, extortion, home-inva- gang problems are worsening in 48 per- gangs. Honduran authorities have sion robberies, high-technology heists, cent of the responding communities. sought advice from Los Angeles law en- and firearms trafficking. These are just a few examples of the forcement on the gang. 18th Street has Vietnamese gangs, in particular, alarming rise in gang terror. The prob- a cell in Tijuana, where they often flee have become a serious threat in many lem is we have become numb to it. Let to escape arrest and prosecution. On of our cities. They tend to be very vio- me give you an example. In Los Ange- the average, someone in Los Angeles lent. They are more sophisticated orga- les, on a Monday last February, with County is assaulted or robbed by the nizationally, and they specialize in Mayor Dick Riordan, I announced this 18th Street Gang every single day of stealing multimillion-dollar quantities legislation at a news conference. The every month of every year. of computer chips. At least 400 Silicon Los Angeles city councilwoman who is While currently the deadliest and Valley companies in my State that in charge of the public safety com- most prolific on the streets in southern deal in computer chips have been hit in mittee, Laura Chick, reported that just California today, the 18th Street Gang the last year and a half. That is almost that weekend six people had been mur- is not the only gang. Let us talk for a one a day. And they are losing tens of dered by gangs on the streets of Los moment about Bloods and Crips. millions of dollars. Computer firms Angeles, and you know what? Not one The Bloods and Crips that originated lose as much as $1 million a week in was reported in the press. We have be- in Los Angeles in the late 1960’s are the thefts, according to the Justice Depart- come so numb because this kind of vio- Nation’s two largest street gangs. They ment. lence has become so commonplace all are also continuing to expand, and you The legislation Senator HATCH and I across the United States. see this expansion as they move across have introduced does this: It doubles Last September, a member of the the United States. Local police and the the sentence for any member of an or- Crips from Los Angeles was arrested in FBI have traced factions of these gangs ganized criminal gang who commits a Dayton, OH, with two other men for to more than 119 cities in the West and Federal crime. It expands the scope of conspiracy to distribute cocaine. Po- Midwest. Some of those cities are on gang-related criminal acts to include lice seized approximately $1 million in this map. They have more than 60,000 activities such as carjacking and drive- cash in the raid. members nationally. According to the by shootings, and significantly in- A 1995 study of gang members by the FBI, narcotics trafficking is their prin- creases penalties for those crimes. It National Gang Crime Research Center cipal source of income. checks the growth of gangs by making found that three-quarters of all gangs Let me give another one, the Chi- the recruitment of minors into crimi- exist in more than one geographic area. cago-born Gangster Disciples. The nal gangs a Federal offense with stiff One-half of gang members belong to Gangster Disciples, according to the penalties. gangs that did not arise locally but authorities, is a Chicago-based, 30,000- Specifically, this legislation doubles arose with contact from a gang outside member, multimillion-dollar gang op- the actual sentence for any member of the area. One-half of gang members had eration spanning 35 States. They traf- an organized criminal street gang who contact with the same gang in another fic in narcotics and weapons and are commits a Federal crime. Current Fed- city. And this is the clincher: 61 per- said to operate much like a Fortune 500 eral law increases the penalties for or- cent of gang members indicated their company, with two boards of directors, ganizers, leaders, managers and super- gang was an official branch of a larger one in prison and one outside, a layer visors of criminal activity, including national gang. of governors and regents, a tax col- gang leaders. However, members of

VerDate Mar 15 2010 22:20 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\1997SENATE\S22JA7.REC S22JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 22, 1997 CONGRESSIONAL RECORD — SENATE S583 known criminal street gangs currently crimes: drive-by shooting; robbery; In addition, the person convicted of are not subjected to higher penalties burglary; assault with a deadly weap- this crime would have to pay the costs when a Federal crime is committed. on; intimidation of witnesses, victims, of housing, maintaining and treating Many prosecutors and law enforcement jurors or informants; assault resulting the juvenile until the juvenile reaches officials indicate that gang members, in bodily injury; possession and/or traf- the age of 18. in addition to the leaders and super- ficking of stolen property; alien smug- This act also makes violation of this visors of gangs, should see their pen- gling; and firearms trafficking. section a predicate offense under the alties increased to provide a stronger In addition, the maximum penalties racketeering statutes, known as RICO deterrent for children to stay away would be doubled, from 5 to 10 years, statutes. from street gangs. for those who commit nonviolent viola- It is now a crime to knowingly trans- This legislation amends the sen- tions of these provisions. A conspiracy fer a firearm to be used to commit a tencing guidelines so that individual provision is also added to the statute. violent crime or a drug trafficking gang members convicted of felonies We double the base offense levels crime. This legislation adds a manda- would have their sentencing level ap- under the sentencing guidelines for tory minimum penalty of 3 years if the proximately doubled. For example, cur- traveling in interstate or foreign com- gun to be used in crime is transferred rently, if a first-time offender who is a merce in aid of a street gang. This is to to a minor. member of a gang is convicted of traf- get at those gangs that come from This legislation increases penalties ficking in 30 stolen guns, he or she other countries and States and operate for transferring handguns to minors. would receive a minimum sentence of back and forth. So traveling in inter- The Youth Handgun Safety Act, passed by Congress as part of the 1994 crime 43⁄4 to 6 years in jail. Under this legisla- state or foreign commerce in aid of a tion, that sentence would be increased street gang would increase from 6 to 12 bill, does not contain sufficient pen- alties against juveniles who possess to 9 to 111⁄4 years. in sentencing levels, which increases This legislation makes it a Federal the base sentencing range from a low of handguns for criminal purposes. In offense to engage in a pattern of crimi- 0 to 6 months and a high of 12 to 18 fact, one provision of this act requires nal gang activity, subject to severe and months, to a new low of 10 to 16 months only probation for first-time juvenile certain penalties. Under this legisla- and a new high of 30 to 37 months. offenders who possess a handgun. Such a weak penalty has meant that tion, if a person commits two or more Committing violent crimes in aid of a prosecutors don’t bother to target and predicate gang crimes, which include street gang or racketeering activity prosecute gang members. I have been carjacking, drive-by shooting, drug would increase from 12 to 24, which in- told this by U.S. attorneys and by dis- dealing and obstruction of justice, in creases the base sentencing range from trict attorneys, and we aim to correct furtherance of a criminal street gang’s a low of 10 to 16 months and a high of that problem with this language. In ad- activities within a 5-year period, that 30 to 37 months, to a new low of 51 to dition, current law sets different pen- gangster is engaging in a pattern of 63 months and a new high of 100 to 125 alties for juveniles and adults who criminal gang activity and he can be months. transfer a weapon to a minor. The Fed- prosecuted federally. This is the Fed- One of the most insidious tactics of eral Gang Violence Act toughens the eral-local partnership we envision, to today’s gangs is the way they target penalties against juveniles and adults get at gang activity that crosses State children to do their dirty work, and who transfer a firearm to a minor—and lines. And this individual, if convicted, they indoctrinate them into a life of subjects juveniles and adults to the will be sentenced to at least 10 years in crime. Let me give you an example. same penalties for violating this law. prison, up to life imprisonment for a According to the Los Angeles Times, the 18th Street Gang, which I described This legislation changes the Youth first conviction of this offense; will be Handgun Safety Act by: earlier, ‘‘resembles a kind of children’s sentenced to at least 20 years imprison- First, setting a one-year minimum army,’’ with recruiters who scout mid- ment up to life imprisonment for a sec- sentence for anyone—adult or juve- ond or later conviction of this offense; dle schools for 11- to 13-year-old chil- nile—who provides a minor with a and would be subject to asset seizures dren to join the gang. The gang’s real handgun. and forfeitures. leaders are middle-age veteranos, long- Second, holding juveniles account- This legislation expands the defini- time gang members who direct this able when they unlawfully give another tion of criminal street gangs in Federal criminal activity from the background. minor a firearm by applying the same law to better reflect modern-day gang Chicago’s Gangster Disciples recruit 5-year maximum sentence now given to activity. So it broadens the definition not just at high schools, but even at el- adults. of criminal street gangs in title 18 of ementary schools. One of the gang’s Third, setting a 1-year minimum sen- the criminal code to include State members told a Federal court about his tence and applying the same 10-year crimes such as drive-by shootings, preference for children 17 and under as maximum sentence to adults and juve- rape, torture, carjacking, kidnapping, armed guards, ‘‘because they can go to niles who give a firearm to a minor and and assault with a deadly weapon. jail and get out quicker.’’ should have known the gun would be It doubles the penalties for interstate This pattern is not unusual. A report used in a crime of violence. Currently, gang-related crimes, and it expands the by the National Gang Crime Research the 10-year maximum sentence only ap- Travel Act to respond more effectively Center found, ‘‘The term ‘youth gang’ plies to adults. to the growing problem of highly so- is itself somewhat of a misnomer when Juveniles under 13 years old, how- phisticated, mobile and organized it comes to the major gangs in America ever, would not be subject to these street gangs. As most of us know, the today * * * the real leaders at the top mandatory minimum sentences. Travel Act was written in 1961 and it of these major gangs are in fact older The Armed Career Criminal Act pro- had Mafia-style activity in mind. While adults, many in their forties and even vides that if a person has three or more the Travel Act as it is now written al- older * * * 84.8 percent’’—85 percent— prior convictions for certain crimes—is lows prosecutors to target some gang ‘‘of the gang members in our sample in- a ‘‘career criminal’’—and he possesses, activities such as drug trafficking, the dicated that their gang does in fact ships, transports or receives a gun or list is not complete. Law enforcement have such older adult leaders.’’ ammunition—is armed—he will be sub- leaders and prosecutors, including U.S. Current Federal law contains no pen- ject to a mandatory minimum 15 year attorneys, have recommended to us alty for recruiting minors to partici- penalty and fine of up to $25,000. that the act be modernized to better pate in gang activity, and this is a crit- Serious drug offenses are already in reflect current crimes by gang mem- ical part of our legislation. This legis- the list of crimes which count toward bers. lation makes the recruitment or solici- the three-conviction minimum; this (Mr. BROWNBACK assumed the tation of persons to participate in gang bill would allow juvenile convictions chair.) activity subject to a 1-year minimum for serious drug offenses to also count Mrs. FEINSTEIN. Mr. President, and a 10-year maximum penalty, or a toward that three-conviction min- under this legislation, the list of un- fine of up to $250,000. If a minor is re- imum. lawful activities in the Travel Act will cruited or solicited, the minimum pen- This would not apply to nickel-and- be expanded to include the following alty is increased to 4 years. dime possession offenses, but to drug

VerDate Mar 15 2010 22:20 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\1997SENATE\S22JA7.REC S22JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S584 CONGRESSIONAL RECORD — SENATE January 22, 1997 dealing which is punishable by 10 or END THE BOMBINGS spected what they did, their obligation more years in prison. Mrs. FEINSTEIN. Mr. President, this to do what they felt was right. The Many police officers around the coun- morning, on my way to work, on Con- U.S. Supreme Court, and other courts— try are confronting heavily-armed gang necticut Avenue, I ran into the fact I do not always agree with their deci- members who are wearing bullet-proof that another bomb had been placed at sions, but I respect the United States vests. a Planned Parenthood center. This is being a body that follows the law. We just January, and the number of these respect the law. We follow the law. This legislation increases Federal Mr. President, on the 24th anniver- bombings and attempted bombings are sentences if a person wears body armor sary of the Roe versus Wade decision, I already over six. in the commission of a Federal offense, feel it is appropriate that I come and I rise today really to deplore these by directing the Sentencing Commis- offer a few words today about what is acts, and I rise today to say to the sion to provide for a sentencing en- taking place in our country. My record right-to-life movement: Please, make hancement under the Guidelines of at —as you know, is that I am personally clear that terrorism is not part of your least two levels. opposed to abortion. But, Mr. Presi- agenda. If you fail to do so and fail to Presently, a 30-day time limit exists dent, I am also opposed to what is do so now, I believe we are in for a ter- for bringing juveniles to trial. With going on in this country today where rible siege this year, if the month of crimes being committed by juveniles certain people feel that they are above January is any indication. becoming increasingly violent and the law, that the law is something that I am also hopeful that the Attorney complex, prosecutors need additional they can interpret on their own. General will join in the investigation time to adequately develop cases. This There is no justification for what is and the subsequent prosecution as our legislation increases the time limit to taking place in America today where legislation of the last session provides. 45 days. violence is almost a way of life in some I thank the Chair, and I yield the areas. Today on the news it had ap- This bill adds firearms trafficking floor. peared that a bomb went off near an violations to the list of crimes that can Mr. GORTON addressed the Chair. abortion clinic here in Washington, DC. be attacked by prosecutors under The PRESIDING OFFICER. The Sen- It is not clear whether the bomb was RICO. Currently, firearms violations ator from Washington. meant to destroy the clinic, but all are not RICO predicate acts. Prosecu- Mr. GORTON. Mr. President, I ask over the country there are abortion tors and law enforcement officials indi- unanimous consent that I be permitted clinics that are being bombed. I think cate an increasing use of firearms by to speak for not more than 5 minutes that is abhorrent and wrong. criminal street gangs to commit home and that my remarks be included with Mr. President, if someone respects robberies, business invasions, and at- the group of speakers, including the life, you cannot choose which life you tacks on rival gangs. Senator from Iowa, [Mr. GRASSLEY], on respect. You cannot only respect the Since most of the firearms have alternative minimum tax relief. lives of those who agree with you po- moved in interstate commerce—and be- The PRESIDING OFFICER. Without litically or those who agree with cer- cause firearms are such an integral objection, it is so ordered. tain decisions surrendered by the Su- part of the gang’s activity—law en- Mr. GORTON. I thank the Chair. preme Court. forcement officials have suggested that (The remarks of Mr. GORTON per- I am adamantly opposed to the use of firearms violations become predicate taining to the introduction of S. 181 are violence to show one’s displeasure with acts under RICO. located in today’s RECORD under the law. I was the first Member of this body to come to the floor and denounce Finally, this legislation authorizes ‘‘Statements on Introduced Bills and the killing of Dr. David Gunn in Flor- $100 million over the next 5 years for Joint Resolutions.’’) ida. I am compelled to come to the hiring additional Federal prosecutors The PRESIDING OFFICER. Under floor again today, given the most re- to prosecute violent youth gangs. the previous order, the Senator from North Dakota, Senator Dornan, is con- cent bombings of abortion clinics. I don’t mean to go into detail, but I trolling the time until 12 noon. It is incumbent upon the leaders of really want this body to understand Mr. DORGAN. Mr. President, I think this country to condemn these shame- that in this Senator’s opinion, and I the President said, ‘‘Mr. Dornan.’’ Mr. ful acts. It is incumbent upon the reli- think Senator HATCH’s and our cospon- Dornan is no longer serving in the gious leaders that they condemn these sors’, this Nation’s No. 1 criminal House. I am Senator DORGAN from shameful tactics. Yet we need more threat comes from organized street North Dakota. I would observe—I know than people saying, well, I disagree gangs now moving vociferously across the Senator knows the difference—but with violence. We need people speaking State lines and across international there is a substantial difference be- out against this violence. We need peo- lines. If we don’t move now, I think we tween former Congressman Dornan and ple denouncing these acts. Through surrender the independence of this Na- Senator DORGAN. their silence, I believe there is an ac- tion to a kind of underground world of The PRESIDING OFFICER. And the quiescence to this violence. The people who perpetrate these street gangs connected in Russia, con- President apologizes for that. Mr. DOR- bombings are wrong. They are a fringe nected in Asia, connected in Japan, GAN, I do apologize. You are recognized, element. They are extremists who ad- connected in Latin America. and Cen- and you control the time until noon. vocate violence as an alternative to tral America. Mr. DORGAN. The President need meaningful debate and discussion. What we aim to do is up the penalties not apologize. I was just calling atten- They believe, I assume, Mr. President, and create some new penalties which tion to it. can really be effective in dealing with that they are above the law. Let me yield a couple minutes—— Let us continue to have passionate crime. The addition of the RICO stat- Mr. REID. How about 3 minutes. and vigorous debate on this subject and utes, the use of asset seizures and for- Mr. DORGAN. Three minutes to the all other subjects, but do not take the feitures, treating street gangs today Senator from Nevada, Senator REID. law into our own hands. I repeat, those the way mafia organized crime was The PRESIDING OFFICER. The Sen- who respect life cannot choose which treated 10 to 15 years ago can make a ator from Nevada. lives they respect. You cannot only re- big dent and deter gangs. Most impor- f spect the lives of those who agree with tant to me is that it becomes a Federal us. offense for anyone to go out there and ABORTION AND VIOLENCE Religion teaches us tolerance. This recruit a member of a gang that moves Mr. REID. Mr. President, prior to does not mean tolerance for only those their stolen goods, illegal immigrants, coming to this body I was an attorney, people who agree with us. It means tol- drugs, guns, murder, extortion, witness practiced law, I have great respect for erance for all. If your message is to intimidation across State lines. the law. I tried dozens and dozens of protect life, then you do not put other Mr. President, I would like to make cases before juries. I did not always lives in jeopardy by your acts. one last comment on another subject agree with the result of the verdicts We have been told in Holy Scripture, before I yield the floor. that the jury came to, but I always re- Mr. President, as you have heard it

VerDate Mar 15 2010 22:20 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\1997SENATE\S22JA7.REC S22JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 22, 1997 CONGRESSIONAL RECORD — SENATE S585 said, that it is no longer appropriate world, but I guarantee you nobody in try? That is a topic that we need to ad- that we have an eye for an eye and a the country teaches that if you claim dress. We can address that in a bipar- tooth for a tooth. In fact, we have been you balance the budget, it is OK for tisan way, in my judgment. told to turn the other cheek when we your debt to continue to increase. Let What about health care? What about are struck. We have been told to love me say it again. They will enshrine in 10 million kids who don’t have health your enemies, bless those who curse the U.S. Constitution a practice that care? What about a 2-year-old that is you, do good to those who hate you. takes dedicated trust funds that can be crying with an ache in his stomach, I do not know how people have been used only for Social Security to be but his parents don’t have money in lost in this debate, Mr. President, how used now as other revenue, and then their wallets and can’t take him to a they feel that they can come and bomb claim they have balanced the budget, doctor they believe in? We should ad- places of business, hurting innocent even as the Federal debt will continue dress health care. That is the right people. to increase by $130 billion a year after subject. So I say, we must stop this violence. they say the budget is balanced. What about the environment? No- And the very first way of stopping the It is not budgeting that is correct, it body in America would have predicted violence is to speak out against it. We is budgeting that—if you were in the that in the past 20 years we have dou- must all speak out against these hor- private sector saying, by the way, in bled our use of energy, but we now rendous acts that are taking place in my business, I am going to take the have cleaner air and cleaner water. our country. workers’ pension funds and use them to Why did we end up with cleaner air and I express my appreciation to the Sen- cover my operating loss in the busi- water when we doubled our use of en- ator from North Dakota for allowing ness, it would get you sent off to 2 ergy? Because this Congress said to me to speak out of order. years of hard tennis in a minimum se- those who pollute this country, ‘‘You Mr. DORGAN addressed the Chair. curity prison. That is illegal. In Con- can’t do that anymore.’’ We are not The PRESIDING OFFICER. The Sen- gress, they can simply change the defi- done with that job. There is more to ator from North Dakota. nition so it allows them to say they do. But that is the right topic as well, Mr. DORGAN. Mr. President, I yield have balanced the budget, even when to improve the future of this country. myself such time as I may consume they have not balanced the budget and Crime. Yes, crime. They say statis- and ask unanimous consent that fol- are still borrowing $130 billion a year tics show that crime has diminished. lowing my presentation the Senator more. That is not a good recipe for my We have a lot to do on crime. I am from Florida, Senator GRAHAM, be children or yours. And it is not an hon- somebody who believes we ought to say yielded 10 minutes from my time. est way to balance the budget. to people in this country: If you com- The PRESIDING OFFICER. Without We will introduce tomorrow, a group mit a violent act, you stay in jail until objection, it is so ordered. of us, a constitutional amendment to the end of your time, and no time off (The remarks of Mr. DORGAN per- balance the budget that says, yes, we for good behavior. You go to prison and taining to the introduction of S. 181 are support it. Let us do it the right way, stay there. We have a lot to do on located in today’s RECORD under the honest way. If we are going to bal- crime. We can do that, I hope, in a bi- ‘‘Statements on Introduced Bills and ance the budget, let us do it the old- partisan way. Joint Resolutions.’’) fashioned way. In fact, putting the pro- Trade. I hope in the next few days my f vision in the Constitution won’t bal- distinguished colleague from West Vir- ginia and I will introduce, once again, THE AGENDA ance the budget. It will be men and women who vote for a combination of a piece of legislation we introduced to- Mr. DORGAN. Mr. President, I just taxing and spending changes that ulti- ward the end of the last session, which finished testifying before the Senate mately will balance the budget. says, what about the other deficit, the Judiciary Committee on the issue of a We have made progress, and I am deficit that is increasing at an alarm- constitutional amendment to balance proud to say that I am part of the team ing rate, the merchandise trade deficit, the budget. When I appeared before the that has allowed us to make that which was the largest in the history of committee, there was a debt clock the progress year after year, reductions in this country last year, breaking chairman put up in the back of him. He appropriations in program after pro- records 3 years in a row. What about hung it up in the room. It showed the gram, year after year, biting the bullet the other deficit? How does this coun- debt increasing every second as we to do the tough things, make the hard try get its trade in balance? Because were there testifying. It was a fairly ef- choices, to bring the budget deficit the trade deficit, after all, must be re- fective prop, I thought, because we down 4 years in a row, down by 60 per- paid in the future with a lower stand- ought to be concerned about the debt. cent. I am pleased to be a part of the ard of living in this country. That is And we are on the right subject when group in this body that says that is the why it is dangerous for our future. we are talking about eliminating the right course, it’s the responsible thing, That represents an export of American deficit and trying to reduce the Federal a thing we ought to do for our chil- jobs. Jobs that used to be here are debt. dren’s future. there. Jobs that used to be ours are But I pointed out to the chairman of Now, Mr. President, let me make a theirs. We must confront this trade the committee that if we pass his pro- final point. We are going to introduce deficit. It is dangerous for this country posed constitutional amendment to that tomorrow with eight or nine of us to proceed without dealing with the balance the budget, if we pass it right as original cosponsors. I hope that will other deficit, the merchandise trade now, and then pass the proposed budget be considered whenever there is consid- deficit, which, after all, in my judg- that will balance the budget in the eration of a constitutional amendment ment, is the deficit that will inex- year 2002, it doesn’t stop the debt to balance the budget. That is an im- orably weaken this country. clock. The debt clock doesn’t become a portant first topic for this Congress— No country will long remain a world stopwatch on debt, because they are again, how to get our fiscal house in economic power unless it retains a defining a balanced budget as a budget order. But there is much more to be strong manufacturing base. The mer- that takes all the money in the Social done. chandise trade deficit represents the Security system that is coming in and The convening of a new Congress is erosion of America’s manufacturing uses it as other revenue to balance the not just about trumpeting by elephants base, the loss of American jobs, jobs Federal budget. The result is, in the or parading by donkeys; it is about that pay well, jobs that have good ben- year 2002, when they claim the budget people representing men and women of efits. That is why it is so critically im- will be in balance and they will comply good will across the country who send portant to the future of our economy. I with the constitutional requirement to us here to do the public’s business and will be introducing again some days balance the budget, the debt in Amer- to try to do the things that improve ahead, with Senator BYRD, the distin- ica will increase by $130 billion. the future of this country. guished Senator from West Virginia, a I went to a small school, a high We care about education because piece of legislation that establishes an school class of nine. We didn’t take the that is America’s future. What do we emergency commission to make rec- most sophisticated arithmetic in the do to improve education in this coun- ommendations in how to address this

VerDate Mar 15 2010 22:20 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\1997SENATE\S22JA7.REC S22JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S586 CONGRESSIONAL RECORD — SENATE January 22, 1997 vexing, dangerous merchandise trade of 18 and 29 you have held 7.6 jobs in Employees are contributing large deficit. that brief work career. On the occasion sums to their 401(k) in part because Mr. President, I know the Senator of a 30th birthday, 40 percent of Ameri- many employers match the employee from Florida is waiting for the floor. I cans have been in their current jobs contribution. But under current law, if yield the floor to him. less than 2 years, making it easier for an employee terminates his or her em- The PRESIDING OFFICER. The Sen- working Americans to successfully ployment with a company prior to 5 ator from Florida is recognized for 10 save for their retirement in this con- years of service, then the employee minutes. text of extended age after retirement, may not get any of the employer’s con- Mr. BYRD. Mr. President, will the and the mobility of the work force is a tribution to the plan. In today’s mobile distinguished Senator yield for a unan- matter of tremendous national impor- work force, many employees switch imous-consent request? tance. It is obviously important to the jobs in less than 5 years. We should rec- Mr. GRAHAM. yes. individual and their families to be well ognize this reality of the mobility of Mr. BYRD. Mr. President, I ask unan- prepared for those retirement years, the work force. We should recognize imous consent that at conclusion of but also it has important implications that it is a strength of the American the remarks by the distinguished Sen- to the communities in which they will economy. We should mitigate the cur- ator from Florida [Mr. GRAHAM], I be live and to the Nation as a whole. rent practice of penalizing mobility at recognized for not to exceed 5 minutes A retiree who is financially well pre- less than 5 years by vesting an em- in morning business for the purpose of pared will not risk being a financial ployer match after 3 years. That is one introducing a bill and making some burden to their children, or to State, of the proposals for reform in the 401(k) comments thereon. local, or Federal Government social program. But faster vesting alone is The PRESIDING OFFICER. Without service providers. They will be able to not enough. We need to explore other objection, it is so ordered. strengthen the economy in their local proposals that will make it easier on communities with home purchases and f employers to transfer pension funds a variety of leisure and recreation ac- with an employee when the worker RETIREMENT SECURITY FOR tivities. They will be able to use their changes jobs. AMERICANS free time for volunteer efforts to help As an example, under current law, if Mr. GRAHAM. Mr. President, this the next generation with things like a new employer accepts pension funds morning, I appreciate the opportunity the President spoke of in his inaugural that came from a new employee’s pre- to speak on behalf of an important set address, helping young people to learn vious company, a worker who has of provisions in the Democratic pro- to read, building homes for Habitat for worked at company A, they have accu- gram of putting families first—in this Humanity, all the ways in which that mulated savings in their 401(k) plan case, the provision that gives families discretionary time has served the com- and they want to carry those funds to some additional security for their pen- munity and the Nation. their new employer B, the new em- Financial security retirement is val- sion and retirement. There is no gen- ployer has to make certain that pen- uable to the retiree. It is valuable to eration in American history which sion funds are part of a plan that meets needs to plan more carefully for their the Nation. Our Nation’s businesses offer a vari- all the Federal requirements. Failing retirement years than that which is ety of benefits to their workers to give to do so, they can be subject to Inter- currently in America’s work force. Two them a secure retirement to help them nal Revenue Service penalties. Many fundamental things have occurred. start saving for their postemployment businesses, particularly small busi- First, people are living longer. One of life. These range from the traditional nesses, would like to let employees the great successes of our generation defined benefit programs to profit- bring pension funds with them, but the has been its capacity to extend life and sharing to 401(k) retirement accounts. I regulatory hassle makes it not worth- extend the quality of life. Today a per- am going to focus on that third area in while. We need to assure employers son who retires can look forward to al- which employers have assisted their that if they allow an employee to roll most 18 years of quality of life after employees in preparing for retirement; over his or her old pension plan to they leave the workplace. that is, through incentives and encour- carry it with them to their new point A second thing that has occurred is agement to persons to voluntarily save of employment, that the new employer tremendous mobility within the work for their own retirement, and how can will not risk IRS penalties. force. Our grandparents had an expec- we make that a more expansive and a Mr. President, 5 million American tation when they completed their for- more stable source of retirement in- workers participate in retirement sav- mal education of finding a place of em- come. ings plans and change jobs every year. ployment and in many instances stay- Generally, the 401(k) retirement ben- Some will be completely vested and ing in that one employment for the efits become available to employees have a smooth transition. Some will rest of their work careers. Today peo- after they have worked 5 to 7 years put themselves, their family and their ple are much more mobile and change with a particular company. If an em- retirement security at risk by losing a their jobs at frequent intervals. ployee leaves before that time, some or portion of the company’s matching The chart behind me indicates what all of the benefits which they derived contributions. has happened just in the last decade in can be lost. I applaud the Democratic Mr. President, the next chart indi- terms of job mobility. To focus on one leadership and specifically Senator cates the percentage distribution of group of Americans, American males DASCHLE for a legislative response that worker by years of tenure in their cur- between the ages of 35 and 44, in 1987 will greatly assist hard-working Amer- rent job. For instance, for American the average American male in that icans in continuing their ability to pre- workers in the 35 to 44 age group, 14.7 middle-age active employment group pare for their retirement even as they percent have been in their current em- had been with their current employer undergo these dramatic changes in ployment for less than 1 year, 29 per- for 7.6 years. Less than 10 years later, their employment career. cent for less than 4 years, which means the average has dropped to 6 years. The This legislation provides for more that 29 percent of Americans within same is true of virtually every other rapid vesting for the employer con- that age group would not be in a status category of males and females from the tribution to a 401(k) plan as retirement in which an employer contribution to beginning worker to the worker who is savings. 401(k) plans have grown tre- their retirement would be mandatory on the edge of retirement. mendously over the past two decades. vesting. This issue of making it more Workers can no longer expect to In 1984, there were 17,300 qualified secure for employers to be able to pro- spend a career with a single employer. plans. Today there are over 140,000 such vide a continuation of retirement bene- The work force patterns of the last plans. Currently, 22 million American fits to their new employee, to give the hundred years have evolved as indus- workers contribute part of their salary new employee a greater assurance that tries, technologies, and the American to a 401(k) plan to help prepare for re- their contribution and the employer economy has evolved. According to the tirement. In the aggregate, 401(k) plans contribution upon which they counted Bureau of Labor Statistics, if you are now hold $675 billion in assets for will be there when they reach retire- an average employee between the ages American workers. ment, are critical issues to the large

VerDate Mar 15 2010 22:20 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\1997SENATE\S22JA7.REC S22JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 22, 1997 CONGRESSIONAL RECORD — SENATE S587 population of Americans who will in- rity arrangement in the world’s his- asked me to carry a message to Syrian creasingly be looking to their own ef- tory, ultimately achieving its once President Assad concerning the Prime forts in order to provide for their re- thought unattainable goal of con- Minister’s views on the reopening of tirement years. taining and outlasting the empire of peace talks between Israel and Syria Mr. President, this planning for re- the former Soviet Union through a and, in an even more time-sensitive tirement will make a difference in the vigilant deterrence rather than actual vein, on Israeli thinking regarding Syr- lives of millions of Americans today conflict. It was this successful because ian troop movements occurring at that and in the future and in the commu- it is more than a mutual defense pact. time in Lebanon and in areas of Syria nities in which they live. If we take It is the coming together, across the near the Israeli controlled Golan steps today to secure the pension and Atlantic, of the power of the ideas of Heights. retirement benefits of Americans, we freedom and democracy. But NATO’s As I stated on the floor upon my re- will be making a contribution to the very success in achieving its original turn at that time, I carried Prime Min- well-being of those families, commu- aim is the basis of the present quan- ister Netanyahu’s messages to Presi- nities, and the Nation. dary of the alliance. In the wake of the dent Assad in Damascus and, following I commend the leadership for having dissolution of the Soviet Union, we a substantive 3-hour exchange with the brought this important issue to such a must ask for many reasons—including Syrian leader—with whom I have been level of priority in this 105th Congress our responsibility to wisely spend the meeting regularly since 1988—I re- and urge all of my colleagues to give it American taxpayers’ dollars—what is turned to Israel to brief Prime Minister the appropriate consideration and sup- NATO for now, what countries should Netanyahu on President Assad’s re- port for the security of American fami- be a part of the alliance and what roles sponses to the messages. In preparation for my joining the lies. and burdens should be played and borne I thank the Chair. North Atlantic Assembly Delegation by the different members of the North The PRESIDING OFFICER (Mr. visit to Europe—because I would be Atlantic community. ALLARD). Under the previous order, the Our Senate delegation took up these half-way there, so to speak—I met here Senator from West Virginia is recog- in Washington with the Syrian Ambas- questions—and many subordinate ones nized for 5 minutes. sador to the United States, Walid Al- as well, including the allied operation Mr. BYRD. Mr. President, I thank Moualem, to get an update from his in Bosnia and trade and economic rela- the Chair. perspective on the situation between tions across the Atlantic—with our Eu- (The remarks of Mr. BYRD pertaining Syria and Israel. Ambassador Al- ropean parliamentary colleagues, sen- to the introduction of S. 182 are located Moualem told me that his government ior officials of the executives of in today’s RECORD under ‘‘Statements viewed my August round of talks be- France, Britain, and other allied na- on Introduced Bills and Joint Resolu- tween Prime Minister Netanyahu and tions, international business leaders tions.’’) President Assad as having been helpful and, of course, our American Ambas- Mr. BYRD. Mr. President, I yield the in deescalating the dangerous tensions, floor. sadors and their staffs. especially related to troop movements, Apart from the formal itinerary of f between Israel and Syria and the Am- the entire delegation, I made a point to bassador encouraged me to return to NOVEMBER 1996 TRIP TO THE visit with Alan J. Blinken, the Amer- the region for another round of meet- NORTH ATLANTIC ASSEMBLY ica Ambassador in Brussels, head- ings aimed at helping the parties find a AND THE MIDDLE EAST quarters of the European Economic basis to reopen their peace negotia- Community, to discuss the trans- Mr. SPECTER. Mr. President, as has tions. always been my practice on return atlantic trade situation and other mat- Now, I do not know if the Ambas- home from official travels overseas, I ters, and to engage in substantive con- sador is correct in his characterization have sought recognition today to versations with our Ambassador to of my August meetings as helpful in re- record for the information of our col- France, Pamela Harriman, concerning ducing military tensions, but I told leagues and my constituents in Penn- a variety of security and international him that I obviously would make my- sylvania the results of my recess trip, economic issues. self available to be helpful—without from November 16 to November 24, to At mid-week, specifically, from Tues- seeking either to displace the Presi- the North Atlantic Assembly and to day, November 19 through Thursday, dent or his representatives in this mat- the Middle East. November 21, I split off from my North ter and without seeking to advance any As you know, the Senate delegation American Assembly colleagues for an personal agenda on the substance of an in November 1996 to the North Atlantic individual visit to the Middle East. Israeli-Syrian peace—if both sides had Assembly included 13 Senators during As the presiding officer is well aware, an interest in my so doing. all or part of a full schedule of meet- I have reported to the Senate and my When consultations with Israeli offi- ings in Paris and London, arranged and constituents many times on my visits cials, including a telephone conversa- ably chaired by Senator ROTH. Let me to the Middle East, visits I began mak- tion I had directly with Prime Minister take a moment to note here the impor- ing in 1964, some 16 years prior to my Netanyahu, indicated a similar encour- tant news of Senator ROTH’s election as election to the Senate. As a Senator, I agement for me to make another visit the President of the North Atlantic As- have traveled extensively in this vital, to Israel and Syria as had been ex- sembly. but deeply troubled, part of the world pressed by the Syrian Ambassador, I Our delegation’s mission began with in order to better fulfill my respon- decided to make such a trip during a a working flight to Paris early in the sibilities as a member of the Foreign portion of the North Atlantic Assembly morning on Saturday, November 16. As Operations Subcommittee of Appro- Delegation program in Europe. the presiding officer knows how rare it priations—where I have been a member Naturally, and any press accounts at is for eight Senators to share 71⁄2 hours since coming to the Senate—and my the time to the contrary notwith- together—especially in the absence of a roles as chairman of the Judiciary standing, I and my staff both informed telephone—I know you can appreciate Committee’s Subcommittee on Ter- the State Department about my the value of this group of colleagues rorism and as chairman of the Select planned trip and received extensive being able to exchange views and form Committee on Intelligence, as well as briefings by relevant administration plans relevant to the 105th Congress. my general duties as a Senator to be officials as to the Israeli/Syrian situa- In Paris and, later in the week, in informed on a part of the world fre- tion and administration policy on the London, our Senate North American quently requiring action by this body. matter. Assembly Delegation focused its work This past August, the first visit to Mr. President, as you know, this sort on the vital—but vexing—questions of the Middle East I had made since the of active involvement in foreign policy the purposes, the structures and the Israeli elections of May 1996, my trip issues is, while—as I have already problems of transatlantic relations in became something more than a fact- said—not meant to supplant the Presi- the post cold war era. finding assessment of the always dent, the Secretary of State or their NATO has been perhaps the most suc- changing situation in that part of the representatives, a time-honored role cessful international collective secu- world when Prime Minister Netanyahu for Members of the U.S. Senate, going

VerDate Mar 15 2010 22:20 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\1997SENATE\S22JA7.REC S22JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S588 CONGRESSIONAL RECORD — SENATE January 22, 1997 back to such distinguished Senators as at Khobar Towers in Dharhan, in Saudi While there is certainly a very sharp Arthur Vandenburg and William Ful- Arabia, on June 15, 1996. I reminded divide between the Israeli and Syrian bright. In any case, one could not re- President Assad that the United States leaders on the basis for a reopening of sponsibly pass up even a slight chance had responded militarily against Libya peace talks, I continue to believe that of being helpful in promoting peace be- in 1986 when we received proof of Liby- such a return to the negotiating table tween Israel and Syria when the alter- an responsibility for a bombing at a is not only essential, but possible if the native to peace could threaten dire nightclub in Germany which killed two American involvement in this process consequences for us all. American servicemen. is taken to a new level. I came away I met with Prime Minister Our exchange on this subject was from this round of meetings convinced Netanyahu at 8 a.m. on Wednesday, No- pointed but it was incumbent on me to that the logjam might be broken, but vember 20 at his office in the Israeli take this opportunity of a face-to-face only with direct action by the Presi- Knesset Building. United States Am- session at this time to reiterate that dent of the United States. bassador to Israel Martin Indyk was the United States cannot be targeted The United States has been more present. The Prime Minister told me by terrorists with impunity. than an observer or facilitator of the that tensions with Syria have been re- On the central purpose of the meet- Israeli/Syrian peace process so far. We duced since the August/September time ing, I regret to say I can report little have been an indispensable party, period and that he wants to continue to progress, frankly less than I had hoped viewed by both sides as the guarantor de-escalate the saber-rattling. He based on the encouragement I had re- of the integrity of both the negotiating asked me to convey this, and specifi- ceived to make this visit and on public process and of any final outcome which cally that Israel has no aggressive in- statements by the Syrian Foreign Min- might be achieved. If the different ac- ister about the possibility of renewing tent against Syria, when I went on to counts of where the last round of talks talks with Israel. see President Assad that afternoon. He left off and what that means for future President Assad did generally seem noted as an exception to the reduction to share Prime Minister Netanyahu’s talks are to be resolved, it will happen of military dangers attacks on Israeli desire to continue to ease and avoid only with the most active American forces in southern Lebanon by military tensions which could lead to role at the highest level. Hezbollah and asked me to convey his Since my return, I have discussed unintended hostilities. Although he de- request to President Assad that Syria nied having the ability to control with the President’s National Security seek to stop the Hezbollah attacks. Hezbollah activities in Lebanon, Presi- advisor—and CIA Director designee— On the broader issue of reopening dent Assad received this portion of Anthony Lake, and his Special Mid- peace talks with Syria, Prime Minister Prime Minister Netanyahu’s message East Envoy, Dennis Ross, and I intend Netanyahu told me to tell President positively and reiterated his own re- to discuss with the President directly, Assad that he wishes to do so as soon turn message to the same effect. Presi- my suggestion that President Clinton as possible and that he is ready, will- dent Assad’s position was unmovable, invite President Assad—who has never ing, and able to be personally involved however, regarding the terms for the been to this country—and Prime Min- in such talks. He said that although reopening of talks with Israel. ister Netanyahu to a meeting in the there are clearly tough issues to be ad- The Syrian leader asserts with com- Oval Office—not to conclude a final dressed in negotiating with Syria, he plete conviction that he will not re- peace treaty at this time but simply to has a real sense that talks could be start talks without a prior reaffirma- find a formula for the reopening of productive. Prime Minister Netanyahu tion by Israel of the pledge he says he talks between their countries. reiterated that any talks with Syria received from the prior Israeli govern- While nothing is ever certain in such will be based on the framework for ments, and ratified in his view by the a difficult situation, I believe it would Arab/Israel peace established by U.N. United States as participants in the be productive for the President to raise resolutions 242 and 338 and by the talks, for full Israeli withdrawal from the stakes of the peace process between terms of reference of the 1991 Middle the Golan Heights. In his view the next Israel and Syria—as an Oval Office in- East peace conference organized by round of talks are only properly about vitation would surely do—because the President Bush in Madrid. The Prime the details of security arrangements stakes of a continued state of war be- Minister’s willingness to state the along the new border and the process of tween these two countries remain so basis of talks with Syria in this way is normalization between the countries, high. significant because it indicates an ac- not on the territorial question itself. Mr. President, we must all continue ceptance that such talks would be This is not a ‘‘precondition’’ for future to do all we can to find the path to a based on the formula standardly called talks, he argues, because Syria already just and secure peace in the Middle ‘‘land for peace.’’ obtained this commitment from Israel East. The Prime Minister held his ground, and the United States in the prior f however, on what has been the Syrian talks and that commitment binds HONORING DAN KEMMIS demand that new talks begin where the Israel despite its change of govern- old talks left off, that is that Prime ment. Mr. BAUCUS. Mr. President, I would Minister Netanyahu’s government be I attempted to argue to President like to take a moment to recognize a bound as a condition for reopening Assad that in any negotiation such as truly outstanding Montanan, and to talks by what the Syrians consider a that between Syria and Israel, nothing make note of the recent honor ex- commitment by the prior Israel gov- is final until everything is final, and tended to him by President Clinton. ernments of Prime Ministers Rabin and that in the absence of any signed docu- Many in Montana know Dan Kemmis Peres to full withdrawal by Israel from ment binding Israel as a state, the new through his years of devoted public the Golan Heights to the June 4, 1967 Israeli government was not obligated service, first in the Montana Legisla- line. He stated that he would not and by the negotiating position of a former ture, where he rose to the position of could not agree to talks with such a administration. I also argued that Speaker of the House, and later as precondition. Prime Minister Netanyahu’s public Mayor of the City of Missoula. In every I flew on to Damascus that day and comments accepting the land for peace aspect of public life, Dan has served as held a wide ranging, cordial but frank framework for talks with Syria should an example of the standards to which 3-hour meeting with President Assad, be a sufficient basis to get back to the we all aspire. A true gentleman and a lasting from 1:20 p.m. to 4:20 p.m. Syr- table and see what happens in that model leader he is a public servant who ian Foreign Minister Sharra and very different dynamic. I tried many believes that the true greatness of de- United States Ambassador to Syria, formulations of these ideas but he mocracy lives in the shared experience Christopher Ross, were also present. would have none of it. of the citizenry. I raised with President Assad the I returned to Israel that evening and As mayor, even while working dili- mounting evidence of Iranian and per- met again with Prime Minister gently on the problems of the day, Dan haps Syrian involvement in or connec- Netanyahu, to brief him on my talks continued to think ahead, authoring tion to the dastardly act of terrorist with President Assad, on the following ‘‘Community and the Politics of Place’’ murder against United States soldiers morning, Thursday, November 21, 1996. in 1990, the acclaimed book serving as a

VerDate Mar 15 2010 22:20 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\1997SENATE\S22JA7.REC S22JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 22, 1997 CONGRESSIONAL RECORD — SENATE S589 written testament to his work to foster these doctors, who want to do the right fiscal policies and changed the political a sense of community in Missoula. thing and give the right care, should dialog in the United States forever. Then in 1995 a second work, ‘‘The Good not be discouraged or penalized for not After the campaign, Paul Tsongas City and the Good Life,’’ was pub- following the insurance company’s joined with Warren Rudman and Pete lished, again to an outstanding recep- guidelines. Peterson to found the Concord Coali- tion. This legislation ensures that women tion to promote fiscal responsibility. Many were surprised last spring when with breast cancer receive the medical This organization again and again has Dan stepped down as mayor to accept a attention they need and deserve. The drawn national attention to our Na- new challenge as head of the Center for bill ensures that health plans which tion’s fiscal agenda. the Rocky Mountain West at The Uni- provide medical and surgical benefits Since the 1992 Presidential campaign, versity of Montana. To those of us who for the treatment of breast cancer pro- we have cut the Federal budget deficit know him, however, the move is simply vide a minimum length of stay of 48 by more than half. The question in the progression of Dan’s unique talents hours for patients undergoing Washington is no longer ‘‘Can we bal- as a leader. It is now his time to share mastectomies and 24 hours for those ance the budget?’’, but ‘‘How soon can the knowledge of the past years with undergoing lymph node removals. we do so?’’ Much of the progress we rest of America, and a time to learn Under this bill, patients and their phy- have made can be attributed to Paul anew. sicians—not insurance companies—can Tsongas and his economic call to arms. This past month President Clinton determine if a shorter period of hos- The rebuilt, reinvigorated city of recognized the contributions of Dan pital stay is appropriate. Lowell, MA is another long-lasting me- Kemmis, not only to Missoula, but to So, I salute the authors of this bill, morial to Paul. He as much or more communities throughout America, by but I also salute the women, the doc- than any other person shepherded the awarding him the National Endowment tors, and the medical facilities that or- revitalization program through the for the Humanities’ Charles Frankle ganized to challenge these unfair prac- Congress, and by seeing and breathing Prize. I cannot think of an individual tices. I want to see managed care, not life into a local pride and spirit that more deserving of the honor. Thought- mandated care. And I don’t want to see were still alive, he transformed a run- ful and compassionate, a true visionary doctors managed. There is a funda- down mill town into an international and thinker, Dan is one of Montana’s mental distinction. We have to start destination with an amazing story to treasures and an American leader. getting our priorities straight and end tell and show visitors from near and In his prose as in his life, Dan has the needless pain and neglect of women far. worked to shape the politics of the fu- with breast cancer. This bill is a step Paul Tsongas’ accomplishments only ture, building consensus, and bringing in the right direction. explain part of what made him so ex- people together, absent the rhetoric of f traordinary. There is no way to explain the past that simply seeks to divide. As the impact on others of his decency, in- President Clinton so eloquently noted, PAUL TSONGAS tegrity, and courage. But that impact he, ‘‘* * * is a welcome and convincing Mr. KERRY. Mr. President, I rise was real and pronounced. voice against cynicism and social divi- today to speak about Paul Tsongas, In 1983, he was diagnosed with non- siveness.’’ For this alone, we all owe who lost his battle against cancer on Hodgkin’s lymphoma. The next year he him a debt of gratitude. Saturday. We have all lost a great retired from the Senate in order to I am honored to call Dan Kemmis a friend; the Nation has lost an extraor- spend more time with his wife Niki, friend, and I join with all Montanans in dinary American who defined the con- and his three daughters, Ashley, expressing our thanks for his many cept of public service and whose cour- Katina, and Molly. He successfully bat- years of service and congratulations age and conviction set an example for tled cancer for over a decade with a upon receiving this most prestigious each and every one of us. sense of grace and a strength of char- award. Paul was the son of Greek immi- acter that are remarkable. f grants in Lowell, MA. He worked in his It is terribly hard to acknowledge the father’s drycleaning business, and death of such a person. Paul will be BREAST CANCER PATIENT served in the Peace Corps, as a Lowell greatly and genuinely missed because PROTECTION ACT OF 1997 city councilor, as a Middlesex county he was greatly and genuinely loved. Ms. MIKULSKI. Mr. President, I rise commissioner, as a U.S. Congressman, That is a compliment to which all of us today in support of the Breast Cancer and as a U.S. Senator in the seat that can aspire when we leave this Earth. Patient Protection Act. I am proud to I am now honored to occupy. But Paul’s life took him a step beyond be an original cosponsor of this legisla- Paul was able to achieve so much in even that status among his family and tion. This bill is about ensuring that his life because no matter where he friends and all who know or observed women receive equitable treatment in went, no matter what office he held, he him in his public service. our Nation’s health care system. It never left the people of Lowell. He in- We can say truthfully and appre- puts the care of grandmothers, moth- stinctively understood not only their ciatively that we are better people be- ers, and daughters with breast cancer problems but also how government cause of the example Paul Tsongas set before the financial interests of insur- could help provide some of the solu- during his life. In that way, he not only ance companies. tions which were necessary to resolve improved the lives of many in very di- One of every eight women in America them. rect ways, he will continue to live on will develop breast cancer. These In 1992, when George Bush looked un- as an inspiration to us. women will undergo breast cancer beatable, Paul Tsongas ran for the We will miss him, but we are com- treatments such as mastectomies or Democratic Presidential nomination forted by what he has given to us. lymph node removal. Insurance compa- because he knew his ideas for our fu- f nies know they can cut costs and in- ture were better. crease profits if they give skimpy care We must not forget the timeless prin- SAFE AND AFFORDABLE SCHOOLS to these women. Some insurance plans ciples for which Paul Tsongas fought ACT send women home just hours after throughout his career in elective of- Mr. MCCONNELL. Mr. President, I breast cancer surgery with patients fice: balancing the Federal budget and rise in support of S. 1, the Safe and Af- groggy from anesthesia, in pain and establishing sound fiscal principles for fordable Schools Act. I am pleased Sen- with drainage tubes still in place. the Federal Government, investing in ator COVERDELL has introduced this Other plans require outpatient our country and our children, and important legislation which will pro- mastectomies. building our economy so future genera- vide our children with an affordable, The American College of Surgeons tions can attain the dreams which quality education. By making this bill and the American Medical Association seem to elude us today. the first bill of the 105th Congress, it say that most patients are not ready to Although Paul did not win the nomi- demonstrates to the American people be sent home a few hours after surgery. nation, he became the catalyst who the importance this Senate has placed It is just not good medicine. I believe turned the national spotlight on our on the education of our children.

VerDate Mar 15 2010 22:20 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\1997SENATE\S22JA7.REC S22JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S590 CONGRESSIONAL RECORD — SENATE January 22, 1997 I would like to comment on a very forced to burden themselves with an in- Senators did submit more than 200 important provision contained in this creasing debt load when they go in such questions, all of which were an- bill which will make higher education search of their first job. This can be swered in writing by Ambassador more affordable. For the past several avoided with passage of S. 1. Albright. years, I have worked to allow the earn- Mr. President, in an effort to build on The committee still has an out- ings invested in State-sponsored tui- the accomplishments of last year, I standing document request concerning tion savings accounts to grow tax-free look forward to working with Senator Somalia, and we fully expect that the when used for higher education ex- COVERDELL, the sponsor of this legisla- administration will cooperate and com- penses. This bill also will cover room tion, and the Senate Labor and Fi- ply with that request, as the adminis- and board cost. These changes will help nance Committees to help families tration has promised to do. families offset the rising cost of edu- meet the rising cost of higher edu- In any case, this past Monday, Janu- cation by rewarding those who save. cation. ary 20, after members had spent several days examining the written responses For the past several years, I have f worked to eliminate the tax on edu- to questions, the committee met in a cation savings. In 1994, I first intro- CONCLUSION OF MORNING business meeting to consider the nomi- duced S. 1787, to make a family’s in- BUSINESS nation. By a vote of 18 to nothing, vestment earnings tax-free when in- unanimously, the Committee on For- The PRESIDING OFFICER. Morning eign Relations favorably reported the vested in a State tuition savings plan. business is closed. Again, in the 104th Congress, I intro- Albright nomination. duced a similar bill, S. 386. Both bills f There are Senators who support this nomination but who, nonetheless, have were endorsed by the National Associa- EXECUTIVE SESSION honest disagreements with Ambassador tion of State Treasurers and their Col- The PRESIDING OFFICER. Under Albright on major foreign policy lege Savings Plan Network, which rep- the previous order, the hour of 12 noon issues. As I mentioned in the hearing resents the individual State programs. having arrived, the Senate will now go On July 9, 1996, Congress passed myself, while I do not doubt that Am- into executive session and proceed to many of the reforms proposed in S. 386, bassador Albright is sincere, on some the consideration of the nomination of issues I believe her to be sincerely as part of the Small Business Tax Re- Madeleine Albright to be Secretary of wrong. Some of those differences were lief Act of 1996. This legislation was State. discussed during the hearing, others in signed into law by the President on Au- private. And we will continue to dis- gust 20, 1996. f While we made important gains last cuss them after she is confirmed, which NOMINATION OF MADELEINE I am certain she will be. year, we need to finish what we started KORBEL ALBRIGHT, OF THE DIS- Notwithstanding our differences, and fully exempt investment income TRICT OF COLUMBIA, TO BE SEC- Mrs. Albright is a lady who under- from taxation. This legislation does RETARY OF STATE stands Congress. She understands the that. It also expands the definition of important role that Congress must qualified education expense to include The PRESIDING OFFICER. The clerk will report Executive Calendar play in developing U.S. foreign policy. room and board. Such costs make up However, my support for the nominee nearly 50 percent of annual college ex- No. 1. The legislative clerk read the nomi- should in no way be misconstrued as an penses. endorsement of the administration’s The facts are clear; education costs nation of Madeleine Korbel Albright, of the District of Columbia, to be Sec- conduct of foreign policy. It would be are outpacing wage growth and have insincere of me if I pretended other- created a barrier for students wanting retary of State. The PRESIDING OFFICER. The wise. Many Americans, among them to attend college. According to the myself, hope that in the area of foreign General Accounting Office, tuition Chair recognizes the Senator from North Carolina. policy, the next 4 years will not costs at a 4-year public university rose produce a sequel to the travail of the 234 percent between 1980–94. During this Mr. HELMS. Mr. President, am I cor- rect there is a 2-hour time agreement first 4 years. same period, median household income After 12 years of Ronald Reagan and on the nomination? rose only 84 percent. It is no wonder George Bush in the White House, the The PRESIDING OFFICER. That is fewer families can afford to send their United States had once again become correct. children to college without financial the undisputed leader of the free world. Mr. HELMS. I thank the Chair. I assistance. Our friends followed us, and our en- As tuition costs continue to increase, yield myself such time as I may re- emies, the enemies of freedom, thanks so does the need for assistance. In 1990, quire. to Presidents Reagan and Bush, feared over 56 percent of all students accepted Mr. President, today the Senate will and respected the United States, be- some form of financial assistance. fulfill its constitutional duty on the cause we were strong. The emphasis Today, it is increasingly common for nomination of Madeleine Albright to was on our constitutional requirement students to study now, and pay later. serve as Secretary of State of the as a tripartite Government, to make In fact, more students than ever are United States. The Senate Committee sure that this Nation would lead the forced to bear additional loan costs in on Foreign Relations met for more world as a strong, strong democracy. order to receive an education. In 1994, than 6 hours on January 8, to consider Many of those important gains have Federal education loan volume rose by this nomination. During that hearing, been neutralized by a foreign policy too 57 percent from the previous year. On the committee heard from then Sec- often vacillating and insecure; a for- top of that, students have increased retary of State Warren Christopher, eign policy that has responded to world the size of their loan burden by an av- who presented Ambassador Albright, events, rather than shaping world erage of 28 percent. and I think that is the first time in his- events. And it is quite revealing when So, not only are more students tak- tory that an outgoing Secretary has this administration, as it often does, ing out more loans, they are taking out presented to a committee the nominee boasts that the invasion of Haiti was a bigger loans as well. This year, nearly to succeed him. In any case, Secretary great foreign policy accomplishment. half of college graduates hit the pave- Christopher presented her, and the Mr. President, sending American sol- ment with their diplomas in one hand nominee, Mrs. Albright, was questioned diers into harm’s way on a tiny Carib- and a stack of loan repayment books in extensively by all members of the com- bean island with no vital interest at the other. mittee on a broad range of national se- stake to replace one group of thugs I believe we need to reverse this curity issues. with another group of thugs does not trend by boosting savings and helping At the conclusion of the hearing, it seem to me to be much of an accom- families meet the education needs of was agreed to keep the record open plishment. In any event, the Haiti ex- their children before they enter col- until the close of business on January cursion, at last count, has cost the lege. If we continue to ignore this prob- 10, so Senators could submit written American taxpayers more than $2 bil- lem, more and more children will be questions to the nominee. And twelve lion.

VerDate Mar 15 2010 22:20 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\1997SENATE\S22JA7.REC S22JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 22, 1997 CONGRESSIONAL RECORD — SENATE S591 From there the list goes on and on: Moreover, she assured the committee The point is this: Republican or Dem- from Bosnia, where the United States that she would ‘‘never advise using ocrat—it doesn’t matter—none of us subcontracted to the terrorist regime American forces where other means are should be willing to stand by and allow in Iran our responsibilities to help the available, where there is not the sup- America to enter a new millennium Bosnians defend against genocide; to port of Congress and the people, where with antiquated foreign policy institu- China, where vacillation led Beijing to there is not a possibility of or where tions built, let’s face it, to fight the believe it could get away with bullying there is no exit strategy, and where cold war. And mark my words, if I have Taiwan; to Somalia, where an uncer- there is not the likelihood or the re- anything to do with it, we will not do tain United States policy resulted in ality of winning.’’ End of quote, Am- so. the tragic and unnecessary deaths of 18 bassador Albright. Mrs. Albright assured the committee American Rangers; to Iraq, where our Actions speak louder than words, of that she will keep an open mind as she CIA Director himself admitted that course, and we will be watching her discusses this matter, and others. I in- Saddam Hussein is now politically closely. She knows that. She expects tend to hold her to that commitment stronger than ever before. that. We will watch her to ensure that to work with us, to consult with us and Time and time again, during the past this administration has, in fact, cooperate with us so that we can work 4 years, a message of weakened resolve learned from the disasters of the past 4 together for the goals that she and we was sent around the world, and with years. have discussed and mutually agreed to. tragic results. Another key responsibility of the Mrs. Albright must also work with History teaches us one unmistakably next Secretary of State will be to re- Congress to achieve serious and lasting clear lesson, I think, Mr. President, form and restructure the antiquated reform at the United Nations. The se- that being that the security of the foreign policy bureaucracy. The 104th lection of a new Secretary General is American people is always less certain Congress passed major legislation to an important first step, but it is only when our adversaries doubt our re- streamline our foreign policy appa- one step. solve, and our adversaries very much ratus and eliminate three unnecessary, I think the American people are tired doubt our resolve at this moment. bloated, and outdated Federal bureauc- of all the rhetoric from the inter- If confirmed, Ambassador Albright racies, one of which was described by national community and the State De- must move swiftly and decisively to re- its proponents in the 1960’s as a ‘‘tem- partment blaming the United States verse that trend, and we have discussed porary’’ Federal agency. It is like Ron- for the United Nations’ so-called fiscal it. As I said earlier, she is a strong ald Reagan said: Nothing is so near crisis. One quarter of every dollar that lady, she is a courageous lady. She has eternal life as a temporary Federal the United Nations receives for its proved that, and she is going to have to agency. But these agencies were prom- budget comes from the taxpayers of the continue to push for strength of the ised to be in the 1950’s and 1960’s tem- United States. Over all, American tax- United States. She must bring strength porary, and they are still around payers contribute upwards of $3.5 bil- and courage and coherence and direc- spending money, in so many, many lion to the United Nations. By con- tion and fresh ideas to America’s for- cases, unwisely. trast, more than half of the United Na- Our plan last year, and the plan that eign policy. tions members pay just one-hundredth Let’s face it, one of her most critical will be submitted this year, will save of 1 percent of the United Nations reg- responsibilities, if confirmed—and she the American people more than a bil- ular budget. Senators must keep that will be—will be that the responsibility lion dollars. Instead of endorsing that in mind as we begin discussions on U.N. of advising the President when and legislation last year and the year be- reform. Many countries have no incen- fore, which was vigorously supported where and under what conditions to tive to reform because they gain more and endorsed by five former Secre- commit American forces to combat or from the United Nations than they put taries of State, the administration op- to dangerous missions abroad. Senator into it. posed it every step of the way. In fact, So let me summarize in conclusion, CHUCK HAGEL, a distinguished veteran the administration, while trashing our of the Vietnam war and one of the new- Mr. President. Mrs. Albright knows proposal, never came forward with a est members of the Senate Foreign Re- that I intend to work with her. I think proposal of its own, despite promises to lations Committee, properly pressed she understands that the entire For- do so by the administration. nominee Albright on this very point eign Relations Committee intends to Vice President GORE, who served in work with her. I intend to also work during the hearing, as did another dis- the Senate and whom all of us like, with the new Secretary-General, Mr. tinguished Senator, JOHN ASHCROFT. I issued a statement on January 27, 1995, Annan, and with Senator ROD GRAMS, applaud these two Senators for their promising the American people a plan who is our congressional delegate to perseverance on this issue, because to streamline the U.S. foreign policy the United Nations, who has developed their concerns are shared by many Sen- bureaucracy and save, in his words— an important expertise on this issue. ators and millions of the American these are not my words, these are AL We will work with all of these and people. GORE’s words—to save $5 billion over 5 other Members of Congress to bring We must make certain that never years. true reform to the United Nations, again will American troops be sent into But 2 years have passed and the dis- which is long overdue and badly need- harm’s way unless and until there is a tinguished Vice President has yet to ed. clearly defined and precise mission and put forward any such proposal. I am I believe that on balance Mrs. exit strategy and a clear American na- hopeful that Madeleine Albright will Albright is well qualified for the post tional security interest at stake. The prod our friend and former colleague, of Secretary of State. We have a lot of debacle in Somalia vividly dem- AL GORE, and get to work with us on work to do. We have a lot of things on onstrated that assertive multilat- this problem, because it is a jointly re- our agenda, and I look forward to eralism is no way to promote any con- alized problem. working with her in moving our agenda ceivable American national security We must work together, and I hope I forward. interest. have indicated already, and some of the I yield the floor. Mr. President, Ambassador Albright, rest of us, that we want to work to- Mrs. FEINSTEIN addressed the based on her testimony, and I think on gether. I pledge to do that. The support Chair. her career, appears to understand that for our plan has not diminished, it has The PRESIDING OFFICER (Mr. concern. We have discussed it, and I am grown, among the American people. HUTCHINSON). The Senator from Cali- sure other Senators have discussed it If Madeleine Albright is confirmed, I fornia is recognized to speak on the with her as well. She acknowledged to intend to schedule an early meeting nomination under the time controlled the committee that with respect to the with her and other key Senators for by the minority. use of U.S. troops overseas, she has, the purpose of working together and Mrs. FEINSTEIN. Thank you very and I quote her, ‘‘learned many les- reaching agreement on a bipartisan much, Mr. President. sons.’’ And I thank the Lord for that. plan to restructure our foreign policy I yield myself 5 minutes. She further said she is ‘‘deeply re- institutions to meet the new chal- Mr. President, I would like to thank gretful of the lives lost in Somalia.’’ lenges we will face in our next century. the distinguished chairman for his

VerDate Mar 15 2010 22:20 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\1997SENATE\S22JA7.REC S22JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S592 CONGRESSIONAL RECORD — SENATE January 22, 1997 comments and also for the speed with Cabinet, and a member of the staff of partly because she has served as a for- which he processed this nomination. I the National Security Council. eign policy staffer in the Senate to the think it is very important and signifi- She has also headed one of Washing- late Senator Ed Muskie of Maine. She cant that he has done that, and it cer- ton’s foremost think tanks, served as has served in various posts in previous tainly speaks for the best interests of professor of international affairs at administrations, and stayed active on bipartisanship. Georgetown University’s School of For- the faculty of Georgetown University Mr. President, as the only woman on eign Service, and holds a doctorate while the other party controlled the the Foreign Relations Committee, I from Columbia University. And, I White House and foreign policy making consider this to be a historic appoint- might add, she served as a staff mem- apparatus. ment indeed. I rise to say that I am ber for one of the true giants of the At the United Nations, Ambassador proud to indicate my very enthusiastic U.S. Senate, Edmund Muskie, who him- Albright, as a matter of practice and of support for Madeleine Albright to be self went on to serve as Secretary of principle, put American interests first, confirmed before this body as Sec- State. as she should have, but also introduced retary of State. Beyond her professional accomplish- overdue cost analysis as a requirement I want to commend President Clinton ments, her life—having fled Czecho- in the development of Security Council because he was certainly faced with an slovakia at the dawn of the Second resolutions pertaining to the commit- array of very qualified candidates. But World War—provides a lesson in the ment of United Nations contingents I think he chose one of the very, very values that we as Americans hold most abroad. She made the American weight best. Anyone who heard her thoughtful dear and for the role in the world that felt in the Security Council, not the responses to some 6 hours of ques- America, at its best, can play. least in her successful effort to bring a tioning during her confirmation hear- As the first woman to serve as Sec- new Secretary General to power in New ing would have been impressed by her retary of State, Madeleine Albright’s York. knowledge, her eloquence and her skill. nomination will open up new doors for There were, in the early years of the I fully expect Ambassador Albright to all women, not just in this country, but first administration of President Clin- be a truly superb Secretary of State. around the globe, in places unaccus- ton, some growing pains in sorting out I look forward to working with her as tomed to seeing women in high office. the role of the United States in the dis- various foreign policy issues come be- Whenever a woman crosses a threshold order that we confronted in the after- fore the Senate of the United States. It into an area that has been predomi- math of the cold war, particularly as it is difficult to imagine a background nantly held by men, and performs ef- related to the proper approach for both and a body of experience better suited fectively, the doors open for women ev- the United Nations and the United to the person we call on to be our Na- erywhere. States in peacekeeping and so-called tion’s chief diplomat and the Presi- I take particular pride in casting my peace enforcing operations. We all dent’s chief foreign policy advisor. vote for Ambassador Madeleine learned some lessons from the experi- Madeleine Albright knows firsthand Albright. It is a tremendous step for- ence of our involvement in Somalia, the ‘‘streets’’ of foreign policy, how ac- ward in our country for a woman to be and the administration learned some tions by governments affect the lives of named the Nation’s top diplomat. As lessons, as well. Ambassador Albright individuals. Her enormous intellect, consequential as that is, in Madeleine moved forcefully to resolve those les- her personal experience, her plain Albright’s case it is really a secondary sons and established a laudable and speaking, I think, will be huge assets. consideration, because she is so emi- workable mechanism for frequent con- As the United States approaches the nently qualified for the job. sultation between her staff in New 21st century, I believe it is crucial that Although I am sure it is unnecessary York, the State Department here in our foreign policy be conducted in a bi- to do so, I take pride in urging all of Washington, and the interested Sen- partisan manner. The practice of rein- my colleagues to support this out- ators and committees here in the Con- venting the wheel of foreign policy standing nomination. gress. I think that she believes, as I do, every 4 years or at least with every I thank the Chair. I yield the floor that early and substantive consulta- change of administration has been dif- and, Mr. President, I suggest the ab- tions between the administration and ficult on our allies and weakens Amer- sence of a quorum. the Congress are essential for the suc- ican credibility as the strongest nation The PRESIDING OFFICER. The cessful conduct of American foreign af- on Earth. clerk will call the roll. fairs, and I fully expect the early devel- Madeleine Albright holds a unique The legislative clerk proceeded to opment of an effective working rela- opportunity to cement a bipartisan for- call the roll. tionship in that regard after she is con- eign policy. If she can accomplish this, Mr. BYRD. Mr. President, I ask unan- firmed by the Senate. her legacy to this Nation and the world imous consent that the order for the I congratulate Ms. Albright for her will be significant. One of the most quorum call be rescinded. selection as the first female nominee complex issues that she will face, and The PRESIDING OFFICER. Without to be an American Secretary of State, the largest single area that I believe objection, it is so ordered. and I look forward to working with her needs focused attention, is the entire Mr. BYRD. Mr. President, I strongly during her tenure at the helm of the Pacific rim. With 60 percent of the peo- support the nomination of Madeleine Department of State and its far-flung ple of the world now living on the Albright for Secretary of State. Ms. operations around the globe. shores of the Pacific and American Albright brings a lifetime of creden- I shall cast my vote for Madeleine trade with the Pacific rim nations tials to the job. She has superb experi- Albright this afternoon, and I shall do three times that of the Atlantic, the ence as a practitioner of the craft of di- it with enthusiasm and with faith in administration’s No. 1 priority in for- plomacy, and a wide knowledge of out- her ability to perform the job and to eign policy should be to maintain a side opinion on the range of options perform it well. strong and positive presence in Asia. and potential solutions that confront I yield the floor. As part of this effort, the United us in given international situations. Mr. BIDEN addressed the Chair. States must build our most important, More than that, and most appropriate The PRESIDING OFFICER. The Sen- but still largely undeveloped, bilateral for the rather free-wheeling, often con- ator from Delaware is recognized. relationship—that with the People’s fusing international environment that Mr. BIDEN. How much time remains? Republic of China—into one of partner- we currently face, she is an initiator The PRESIDING OFFICER. The Sen- ship and cooperation in our many areas and an exponent of an energetic and ator from Delaware has 45 minutes, 10 of mutual interest. forward-looking American leadership seconds remaining. Ambassador Albright’s qualifications in world affairs. Mr. BIDEN. I thank the Chair. to be Secretary of State are unim- Ms. Albright acquitted herself admi- Mr. President, I will yield myself 15 peachable. For the past 4 years she has rably as our most recent Ambassador minutes. served with distinction as the U.S. Per- to the United Nations. She is, I believe, Mr. President, let me begin, while manent Representative to the United sensitive to the role of Congress in for- both my senior colleagues are on the Nations, a member of the President’s mulating foreign policies, certainly floor here, by complimenting Senator

VerDate Mar 15 2010 22:20 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\1997SENATE\S22JA7.REC S22JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 22, 1997 CONGRESSIONAL RECORD — SENATE S593 BYRD on his ringing endorsement of remaining bastions where the mindset, She was twice forced to flee her na- Madeleine Albright. Senator HELMS I think, of a foreign policy establish- tive land, first in the wake of the Nazi and I have been around here a long ment, the mindset of the public, the occupation, then 10 years later after a while, 24 years. But that is a short time mindset of everyone, is that it is sort Communist coup. She has seen first- compared to the senior Senator from of the province of men. And that hand the two worst forms of tyranny of West Virginia. We all know that when stereotypical notion is, in large part this century, and she vividly under- he stands to take the floor and give his because of the cooperation of the Sen- stands the importance of standing firm endorsement to a candidate who re- ator from North Carolina, about to end against aggressors who seek to subvert quires confirmation, probably more today. That does not mean that makes freedom. than any other Senator on this floor, anyone a good Secretary of State or The young Madeleine Korbel earned a the Chamber listens. makes her the most qualified person. bachelor’s degree from Wellesley Col- Madeleine Albright is a fine can- But that is where the conscience part lege in political science in 1959, worked didate, but she is also a lucky can- comes in. It just so happens that the briefly as a journalist, then married didate today to have such strong sup- woman we are about to confirm—God and raised three bright, accomplished, port from the Senator from West Vir- willing and the creeks not rising—is and lovely daughters, two of whom I ginia, and, as well, she is fortunate to also eminently qualified to be Sec- have had the occasion to get to speak have the Senator from North Carolina retary of State. with and get to know a little bit bet- I have been here too long to use as chairman of the Foreign Relations ter. phrases like ‘‘this is the most qualified Committee. I publicly thank him for At the same time she was raising her how gracious he has been and for how person.’’ There are 50 people maybe in America who are qualified to do this family, she attended graduate school at he has expedited this nomination. We Columbia University. In 1968, she all know he is a man of very strong job, and there are probably 10 as quali- fied, but none more qualified than Mad- earned her master’s degree and the cer- convictions, and we all know that when eleine Albright. tificate of the Russian Institute at Co- Senator HELMS concludes that there is One of the things I think that has en- lumbia. She went on to receive her something moving in the Senate too deared her and recommended her to Ph.D. from Columbia in 1976. swiftly, or it is something he does not Senator HELMS and to me, both of us With her doctorate in hand, she came support, he is, along with the Senator having served on the Foreign Relations to Washington to work for one of the from West Virginia, maybe the most Committee for so long, is that we have finest men ever to serve in this Sen- effective person on the Republican side encountered Madeleine Albright in our ate—the late Senator from Maine, Ed- of the aisle in slowing things down. official capacities and our personal po- mund Muskie, who himself went on to There was a lot of discussion in the litical lives on a number of other occa- become Secretary of State. As his chief press and a lot of discussion in the sions, and we have found her, as pro- legislative assistant, she gained an ap- Cloakrooms about whether or not Sen- fessor, as foreign policy adviser, and as preciation for the role of the Senate in ator HELMS was going to cooperate. I a politically active academic, to be ex- helping the President and the Sec- am here to tell you that he has not tremely incisive, blunt, to the point, retary of State craft American foreign only cooperated, he has expedited it, and honest with us in her assessments. policy, experience on which she will and he has been, as always, the con- You have no idea—maybe you do, Mr. draw as we work with her in the years summate gentleman in the way in President, but the longer you are here ahead. which he has dealt with his colleagues, it will become even more apparent. I Ambassador Albright left Senator the new ranking member in particular, find that the hardest speak to under- Muskie’s staff in 1978 to work for her but the committee in general and the stand is foreign policy speak. And I former professor, Zbigniew Brzezinski, Senate as a whole. I personally thank sometimes used to kid, after years of on the staff of President Carter’s Na- him for doing what I never doubted he being the chairman or the ranking tional Security Council. She then would do once he concluded he was member of the Judiciary Committee, I worked at two of the most prestigious going to get this on the floor early. I would say to the witness, ‘‘You sound think-tanks in Washington—the Center want the record to note that we are like you are from the State Depart- for Strategic and International Studies moving on one of the two most impor- ment.’’ That means that you get a non- and the Woodrow Wilson International tant Cabinet posts, and we are doing it answer; never a wrong answer, but a Center for Scholars—before becoming a before anything else has happened in nonanswer. Madeleine Albright is very professor at Georgetown University in this body. I thank the chairman. straightforward. And it is a welcome 1982. Mr. President, to state the obvious, I thing. We had that in other Secretaries Mr. President, I ask unanimous con- strongly support Madeleine Albright’s of State, Democrat and Republican. sent to have printed in the RECORD the nomination to become the 65th Sec- But it is always nice to know. official biography of Madeleine retary of State of the United States of In her 4 years as our Representative Albright. America. Obviously, along with others to the United Nations, Ambassador There being no objection, the mate- who have spoken, I commend the Presi- Albright has ably demonstrated her rial was ordered to be printed in the dent for nominating her. qualifications to carry American for- RECORD, as follows: There was a friend of ours who eign policy into the 21st century. Her doesn’t always like having a quote at- personal history, her academic re- MADELEINE KORBEL ALBRIGHT tributed to him, but I must attribute search and writing, her diplomatic ex- Madeleine Korbel Albright was appointed every quote. I never want to make that perience, and her political acumen by President Clinton on January 27, 1993, as mistake again. I will not use his name, make her uniquely qualified to lead the United States Permanent Representative but I will acknowledge that this is not this country in working with our to the United Nations. President Clinton ele- emanating from me. We had a col- vated this position and made the Ambas- friends and allies—and our adversaries, sador a member of his Cabinet and a member league who served with the Senator and there are some—to further our na- of the National Security Council. from North Carolina and me for some tional interests and the ideals of free- Prior to her appointment, Ambassador years—and I will tell him the name dom and democracy that we espouse as Albright was the President of the Center for after I finish—who used to say, ‘‘It is a nation. National Policy. The Center is a non-profit great in politics when conscience and As we all know by now, Ambassador research organization, formed in 1981 by rep- convenience cross paths.’’ Albright was not born an American. resentatives from government, industry, I would suggest that Madeleine She and her family chose to come to labor and education. Its mandate is to pro- Albright’s nomination to be Secretary these shores out of a deep appreciation mote the study and discussion of domestic of State meets that test like none of what America stands for. She was and international issues. other since I have been here. This is As a Research Professor of International born in Czechoslovakia, which between Affairs and Director of the Women in For- truly a historic occasion. I know we do the two world wars was the only coun- eign Service Program at Georgetown Univer- not and should not think in terms of try in Central Europe to share our sity’s School of Foreign Service, she taught quotas and affirmative action. But the commitment to freedom and democ- undergraduate and graduate courses in inter- fact of the matter is this is one of two racy. national affairs, U.S. foreign policy, Russian

VerDate Mar 15 2010 22:20 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\1997SENATE\S22JA7.REC S22JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S594 CONGRESSIONAL RECORD — SENATE January 22, 1997 foreign policy, and Central and Eastern Eu- ing off the Soviet yoke, then-Professor by American leadership. And our leadership ropean politics, and was responsible for de- Albright conducted research into the must be sustained if our interests are to be veloping and implementing programs de- attitudes of the people of these coun- protected around the world. Do not doubt, those interests are not geo- signed to enhance women’s professional op- tries, and she wrote about the need to portunities in international affairs. political abstractions, they are real. In 1981–82 Ambassador Albright was award- assist them in their transition from It matters to our children whether they ed a fellowship at the Woodrow Wilson Inter- communism to freedom. grow up in a world where the dangers posed national Center for Scholars at the Smithso- That is where Senator HELMS and I by weapons of mass destruction have been nian following an international competition and others on the Foreign Relations minimized or allowed to run out of control. in which she wrote about the role of the Committee got to see her again be- It matters to the millions of Americans press in political changes in Poland in 1980– cause she came and testified about that who work, farm or invest whether the global 82. research and the polling data that she economy continues to create good new jobs She also served as a Senior Fellow in So- and open new markets, or whether—through viet and Eastern European Affairs at the conducted. miscalculation or protectionism—it begins Center for Strategic and International Stud- Her academic and personal under- to spiral downward. ies, conducting research in developments and standing of these issues will allow her It matters to our families whether illegal trends in the Soviet Union and Eastern Eu- to formulate policies to encourage the drugs continue to pour into our neighbor- rope. continued spread of political and eco- hoods from overseas. From 1978–1981 Ambassador Albright was a nomic freedom throughout the world as It matters to Americans who travel abroad Staff Member on the National security Coun- she attempts to implement this admin- or go about their daily business at home whether the scourge of international ter- cil, as well as a White House staff member, istration’s foreign policy. where she was responsible for foreign policy rorism is reduced. legislation. At the United Nations, Ambassador It matters to our workers and From 1976–1978, she served as Chief Legisla- Albright successfully advanced and de- businesspeople whether they will be unfairly tive Assistant to Senator Edmund S. Muskie. fended American interests and enlisted forced to compete against companies that Other professional experience includes the support of others for our policies. violate fair labor standards, despoil the envi- Board Member of the National Endowment Her straight talk and tireless commit- ronment or gain contracts not through com- for Democracy, Board Member of the Inter- ment won her the admiration of Demo- petition but corruption. And it matters to us all whether through national Media Fund, Senior Foreign Policy crats and Republicans alike. She recog- Advisor to Presidential Candidate Michael S. inattention or indifference, we allow small Dukakis, Foreign Policy Advisor to the Mon- nizes that while it is sometimes in wars to grow into large ones that put our dale-Ferraro campaign, Vice-Chair of the Na- America’s interest to act alone, always safety and freedom at risk. tional Democratic Institute for Inter- acting alone is ineffective and an un- To defeat the dangers and seize the oppor- national Affairs, Member of the Board of Di- necessary use of our resources. tunities, we must be more than audience, rectors of the Atlantic Council of the United Two weeks ago, Ambassador Albright more even than actors, we must be the au- States, Member of the Board of Trustees of came before the Senate Foreign Rela- thors of the history of our age. Wellesley College, Member of the Board of A half century ago, after the devastation tions Committee and outlined a com- caused by Depression, holocaust and war, it Trustees of the Black Student Fund, Member prehensive framework for American of the U.S. National Commission for the was not enough to say that what we were United Nations Educational, Scientific and foreign policy into the next century, against had failed. Leaders such as Truman, Cultural Organization, Member of the Board one in which none of us, I think, is Marshall and Vandenberg were determined of Trustees of the Washington Urban League, likely to accept wholesale. But that is to build a lasting peace. And together with Member of the Board of Directors of the Cen- the way the process is supposed to our allies, they forged a set of institutions ter for National Policy, Member of the Chap- work. that would defend freedom, rebuild econo- ter of the Washington National Cathedral, Mr. President, I ask unanimous con- mies, uphold law and preserve peace. Member of the Board of Trustees of Williams Today, it is not enough for us to say that sent that her insightful statement to Communism has failed. We must continue College, Member of the Board of Trustees of our committee be printed in the the Democratic Forum, Member of the Exec- building a new framework—adapted to the utive Committee of D.C. Citizens for Better RECORD. demands of a new century—that will protect Public Education, Chairman of the Board of There being no objection, the mate- our citizens and our friends; reinforce our Trustees of Beauvoir School, Public Rela- rial was ordered to be printed in the values; and secure our future. tions Staff of the Encyclopedia Britannica, RECORD, as follows: In so doing, we must direct our energies, not as our predecessors did, against a single and Reporter on the Rolla Daily News, Rolla, STATEMENT BY SECRETARY OF STATE-DES- virulent ideology. We face a variety of Missouri. IGNATE MADELEINE K. ALBRIGHT BEFORE threats, some as old as ethnic conflict; some Awarded a B.A. from Wellesley College THE SENATE FOREIGN RELATIONS COM- as new as letter bombs; some as long-term as with honors in Political Science, she studied MITTEE—JANUARY 8, 1997 at the School of Advanced International global warming; some as dangerous as nu- Mr. Chairman and members of the Com- Studies at Johns Hopkins University, re- clear weapons falling into the wrong hands. mittee, it is a great honor and pleasure to be ceived a Certificate from the Russian Insti- To cope with such a variety of threats, we here with you this morning. I want to begin tute at Columbia University, and her Mas- will need a full range of foreign policy tools. by thanking the President for his trust in ters and Doctorate from Columbia Univer- That is why our armed forces must remain nominating me to this high and very chal- sity’s Department of Public Law and Govern- the best-led, best-trained, best-equipped and lenging position. ment. most respected in the world. And as Presi- I am very grateful to Secretary Chris- Ambassador Albright is fluent in French dent Clinton has pledged, and our military topher both for his kind words of introduc- and Czech, with good speaking and reading leaders ensure, they will. tion and for the opportunity he has given me abilities in Russian and Polish. It is also why we need first-class diplo- these past four years to observe how a steady Selected writings include ‘‘Poland, the macy. Force, and the credible possibility of and determined diplomat conducts business. Role of the Press in Political Change’’ (New its use, are essential to defend our vital in- And I appreciate very much the Commit- York: Praeger with the Center for Strategic terests and to keep America safe. But force tee’s courtesy in scheduling this hearing so and International Studies, Georgetown Uni- alone can be a blunt instrument, and there promptly. versity, Washington, D.C. 1983); ‘‘The Role of are many problems it cannot solve. Mr. Chairman, we have reached a point the Press in Political Change: Czecho- To be effective, force and diplomacy must more than halfway between the disintegra- slovakia 1968’’ (Ph.D. Dissertation, Columbia complement and reinforce each other. For tion of the Soviet Union and the start of a University 1976); and ‘‘The Soviet Diplomatic there will be many occasions, in many new century. Our nation is respected and at Service: Profile of an Elite’’ (Master’s The- places, where we will rely on diplomacy to peace. Our alliances are vigorous. Our econ- sis, Columbia University 1968). protect our interests, and we will expect our Ambassador Albright has three daughters. omy is strong. And from the distant corners diplomats to defend those interests with For future correspondence, the Ambas- of Asia, to the emerging democracies of Cen- skill, knowledge and spine. sador may be reached at either her Wash- tral Europe and Africa, to the community of If confirmed, one of my most important ington, D.C. or New York, offices: Suite 6333, democracies that exists within our own tasks will be to work with Congress to en- Department of State, 2201 C Street N.W., hemisphere—and to the one impermanent ex- sure that we have the superb diplomatic rep- Washington, D.C. 20520–6319, or U.S. Mission ception to that community, Castro’s Cuba— resentation that our people deserve and our to the United Nations, 799 United Nations American institutions and ideals are a model interests demand. We cannot have that on Plaza, New York, New York 10017. for those who have, or who aspire to, free- the cheap. We must invest the resources dom. needed to maintain American leadership. Mr. BIDEN. Mr. President, in the All this is no accident, and its continu- Consider the stakes. We are talking here 1980’s as the Communist countries of ation is by no means inevitable. Democratic about one percent of our federal budget, but Central and Eastern Europe were cast- progress must be sustained as it was built— that one percent may well determine fifty

VerDate Mar 15 2010 22:20 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\1997SENATE\S22JA7.REC S22JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 22, 1997 CONGRESSIONAL RECORD — SENATE S595 percent of the history that is written about have an interest in European security, be- the New Independent States to transfer our era. cause we wish to avoid the instability that power from one democratically-elected gov- Unfortunately, as Senator Lugar recently drew five million Americans across the At- ernment to another. And, under President pointed out, currently, ‘‘our international lantic to fight in two world wars. We have an Kuchma, it has launched ambitious eco- operations are underfunded and under- interest in European democracy, because it nomic reforms that have subdued inflation staffed.’’ He noted, as well, that not only our was the triumph of freedom there that ended and prevented economic collapse. interests, but our efforts to balance the the Cold War. We have an interest in Euro- In our relations both with Russia and budget would be damaged if American dis- pean prosperity, because our own prosperity Ukraine, the binational commissions estab- engagement were to result in ‘‘nuclear ter- depends on having partners that are open to lished with Vice-President Gore as the lead rorism, a trade war, an energy crisis, a major our exports, investment and ideas. U.S. representative will serve as a valuable regional conflict...or some other prevent- Today, thanks to the efforts of President aid for setting the agenda, and facilitating able disaster. Clinton and Secretary Christopher, Amer- cooperation across a broad range of endeav- Mr. Chairman, we are the world’s richest, ican leadership in Europe is on solid ground. ors. strongest, most respected nation. We are European institutions are evolving in di- Finally, the future of European stability also the largest debtor to the United Nations rections that are making the continent more and democracy depends, as well, on contin- and the international financial institutions. free, unified and peaceful than at any time in ued implementation of the Dayton Accords. We provide a smaller percentage of our history. Although IFOR completed its military wealth to support democracy and growth in Our key bilateral relationships, albeit spir- tasks brilliantly in Bosnia, more time is the developing world than any other indus- ited at times, are as strong and resilient as needed for economic reconstruction and po- trialized nation. they have ever been. litical healing. SFOR’s goal is to provide the And over the past four years, the Depart- The terrible carnage in Bosnia has ended. time for peace to become self-sustaining. ment of State has cut more than 2000 em- The Partnership for Peace has broadened Although the full promise of Dayton is not ployees, downgraded positions, closed more cooperation on security matters. yet fulfilled, much has changed during the than 30 embassies or consulates, and deferred And there is continued progress on polit- past 13 months. The fighting has stopped, badly-needed modernization of infrastruc- ical and market reforms within Central Eu- peaceful elections have been held, and the ture and communications. We have also suf- rope and the New Independent States. framework for national democratic institu- fered a 30% reduction in our foreign assist- If confirmed, I will be returning to this tions has taken shape. ance programs since 1991. Committee often to ask your support for our Much of this is due to American leader- It is said that we have moved from an era vision of an integrated, stable and demo- ship. Our plan now, in cooperation with our where the big devour the small to an era cratic Europe. many partners, is to consolidate and build on where the fast devour the slow. If that is the In July, at the NATO summit in Madrid, those gains. Our strategy is to continue di- case, your State Department, with its obso- the alliance will discuss European security, minishing the need for an international mili- lete technology, $300 million in deferred including NATO adaptation to new missions tary presence by establishing a stable mili- maintenance and a shrinking base of skilled and structures, a framework for enhanced tary balance, improving judicial and legal personnel, is in trouble. consultation and cooperation with Russia, institutions, helping more people return If confirmed, I will strive to fulfill my obli- and enlargement. safely to their homes and seeing that more gation to manage our foreign policy effec- The purpose of enlargement is to do for Eu- of those indicted as war criminals are ar- tively and efficiently. I will work with this rope’s east what NATO did 50 years ago for rested and prosecuted. Committee and the Congress to ensure that Europe’s west: to integrate new democracies, Given the ongoing challenges, it is encour- the American public gets full value for each defeat old hatreds, provide confidence in eco- aging to note the history-making dimension tax dollar spent. But I will also want to en- nomic recovery and deter conflict. of the process set in motion by the Dayton sure that our foreign policy successfully pro- Those who say NATO enlargement should Accords. motes and protects the interests of the wait until a military threat appears miss the Today, in Bosnia, virtually every nation in American people. main point. NATO is a not a wild west posse Europe is working together to bring stability In addition, I will want to work with you that we mobilize only when grave danger is to a region where conflict earlier this cen- to spur continued reform and to pay our bills near. It is a permanent alliance, a linchpin of tury tore the continent apart. at the United Nations, an organization that stability, designed to prevent serious threats This reflects a sharp departure from the Americans helped create, that reflects ideals from ever arising. spheres of influence or balance of power di- that we share and that serves goals of sta- To those who worry about enlargement di- plomacy of the past, and an explicit rejec- bility, law and international cooperation viding Europe, I say that NATO cannot and tion of politics based on ethnic identifica- that are in our interests. should not preserve the old Iron Curtain as tion. And it validates the premise of the The debate over adequate funding for for- its eastern frontier. That was an artificial Partnership for Peace by demonstrating the eign policy is not new in America. It has division, imposed upon proud nations, some growth of a common understanding within been joined repeatedly from the time the of which are now ready to contribute to the Europe of how a common sense of security Continental Congress sent Ben Franklin to continent’s security. What NATO must and may be achieved. Paris, to the proposals for Lend Lease and will do is keep open the door to membership The experience of IFOR and now SFOR in the Marshall Plan that bracketed World War to every European nation that can shoulder Bosnia heightens the potential for security II, to the start of the SEED and Nunn-Lugar alliance responsibilities and contribute to its cooperation among the full range of NATO programs a few years ago. In each case, his- goals, while building a strong and enduring and non-NATO European states. In Bosnia, tory has looked more kindly on those who partnership with all of Europe’s democracies. soldiers from NATO, Russia, Poland, argued for our engagement than on those Building a more cooperative and inte- Ukraine, Romania and many other nations who said we just could not afford to lead. grated Europe will be one of many issues trust, defend and depend on each other. Our Mr. Chairman, any framework for Amer- that President Clinton will be discussing challenge is to extend that spirit to other ican leadership must include measures to with President Yeltsin during his visit here joint endeavors and to keep it thriving long control the threats posed by weapons of mass to the United States in March. A democratic after SFOR concludes its work. destruction and terror; to seize the opportu- Russia can and must be a strong partner in European stability depends in large meas- nities that exist for setting dangerous re- achieving this shared goal. ure on continued American engagement and We know that Russia remains in the midst gional conflicts; to maintain America as the leadership. And as history attests, European of a wrenching transition, but gains made hub of an expanding global economy; and to stability is also vital to our national inter- during the past five years are increasingly defend cherished principles of democracy and ests. As a result, we will remain engaged, we irreversible. Despite the threats posed by law. will continue to lead, we will strengthen our corruption and crime, open markets and At the center of that framework, however, alliances and we will continue to build with democratic institutions have taken hold. are our key alliances and relationships. our democratic partners a Europe in which And last summer marked the first fully These are the bonds that hold together not every nation is free and every free nation is democratic election of national leaders in only our foreign policy, but the entire inter- our partner. Russia’s long history. national system. When we are able to act co- President Yeltsin’s challenge in his second PROMOTING MUTUAL SECURITY AND PROSPERITY operatively with the other leading nations, term will be to restore the momentum be- IN ASIA we create a dynamic web of principle, power hind internal reforms and accelerate Rus- Mr. Chairman, America must remain a Eu- and purpose that elevates standards and pro- sia’s integration with the west. We have a ropean power. We must, and will, remain a pels progress around the globe. This is our profound interest in encouraging that great Pacific power, as well. opportunity, for in the post Cold War era, big country to remain on a democratic course, Asia is a continent undergoing breath- power diplomacy is not a zero-sum game. to respect fully the sovereignty of its neigh- taking economic expansion and measured, THE TRANS-ATLANTIC PARTNERSHIP bors and to join with us in addressing a full but steady, movement in the direction of de- A foremost example is the trans-Atlantic range of regional and global issues. mocracy. Its commercial vigor reinforces our partnership. Our deepening friendship with a demo- own and contributes to the vital interest we It is a central lesson of this century that cratic Ukraine is also fundamental to Eu- have in its security. This is, after all, an America must remain a European power. We rope’s integration. Ukraine was the first of area in which America has fought three wars

VerDate Mar 15 2010 22:20 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\1997SENATE\S22JA7.REC S22JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S596 CONGRESSIONAL RECORD — SENATE January 22, 1997 during the past six decades, and in which Ukraine, the last missile silos are being Recognizing this, we have a strong incen- 100,000 American Troops are based. planted over with sunflowers. Iraq’s nuclear tive to strengthen other mechanisms for re- President Clinton has elevated this dy- capability has been dismantled, and North sponding to emergencies and conflicts, in- namic region on our agenda, and I plan to de- Korea’s frozen. The Nuclear Nonproliferation cluding the United Nations and regional or- vote much of my attention to its promise Treaty has been extended, indefinitely and ganizations. We should work closely with the and perils. without conditions. A comprehensive ban on entire network of public and nongovern- Our priorities here are to maintain the nuclear tests has been approved and a chem- mental organizations that has evolved to strength of our core alliances while success- ical weapons ban will soon be in effect. predict, prevent, contain and minimize the fully managing our multi-faceted relation- Mr. Chairman, these efforts to reduce the human and other costs of natural and ship with China. spread and number of weapons of mass de- human-caused disaster. And we should insist Because of our commitment to regional se- struction contribute to what Defense Sec- that other capable nations do their fair share curity, we have maintained our forward-de- retary Perry has called ‘‘preventive de- financially, technically and—if necessary— ployed military presence in the Western Pa- fense’’. They are designed to keep Americans militarily. cific. We are encouraging regional efforts to safe. We pursue them not as favors to others, The primary obligation of the United settle territorial and other disputes without but in support of our own national interests. States is to its own citizens. We are not a violence. We are working hard to open mar- But arms control and nonproliferation are charity or a fire department. We will defend kets for American goods and services, both works in progress, and we will need your firmly our own vital interests. bilaterally and through APEC, which the help and that of this Committee and the Sen- But we recognize that our interests and President lifted to the summit level. We are ate to continue that progress. those of our allies may also be affected by re- broadening our diplomatic and security ties First, we will be asking your consent to gional or civil wars, power vacuums that cre- in Southeast Asia, home to the world’s fast- the ratification of the Chemical Weapons ate targets of opportunity for criminals and est growing economies. And we will continue Convention, or CWC, before it enters into terrorists, dire humanitarian emergencies to promote respect for internationally-recog- force in late April. and threats to democracy. Then, as Presi- As this Committee well knows, the CWC nized human rights and the spread of free- dent Clinton said recently, ‘‘The United was begun under President Reagan and nego- dom. States cannot and should not try to solve tiated under President Bush. It is supported Our closest and most wide-ranging bilat- every problem, but where our interests are by many in both parties, by the business eral relationship in the region is with Japan, clear, our values are at stake, (and) where we community and by our military. The CWC is with whom we have strongly reaffirmed our can make a difference, we must act and we no panacea, but it will make it more dif- alliance. must lead.’’ During the past four years, under Presi- We consult Japan regularly on a broad ficult for rogue states and others hostile to dent Clinton and Secretary Christopher, the range of foreign policy questions from secu- our interests to develop or obtain chemical United States has been steadfast in sup- rity in Asia to development in Africa. We ap- weapons. I hope, Mr. Chairman, that we will porting the peacemakers over the preciate its generous financial support for be able to work together to get this Treaty bombthrowers in historically troubled areas peace efforts from Bosnia to the Middle East. approved in time for the United States to be of the globe. Our goal has been to build an And we are working with Japan and another an original party. We will also be seeking your early approval environment in which threats to our secu- valued ally, the Republic of Korea, to imple- of the CFE Flank agreement, which is essen- rity and that of our allies are diminished, ment the Framework agreement freezing tial to sustain the CFR Treaty, which in and the likelihood of American forces being North Korean development of nuclear arms. turn contributes mightily to European secu- sent into combat is reduced. In recent weeks, we and Seoul have worked rity. We recognize that, in most of these situa- together successfully to reduce tensions, re- Overseas, we will be working with Russia tions, neither the United States nor any inforce the nuclear freeze and improve pros- to secure prompt ratification by the Duma of other outside force can impose a solution. pects for dialogue on the Peninsula. the START II Treaty, and then to pursue But we can make it easier for those inclined I look forward, if confirmed, to visiting further reductions and limits on strategic towards peace to take the risks required to both Japan and the Republic of Korea at an nuclear arms. achieve it. early date. We will also continue efforts to fulfill the As this statement is being prepared, sus- I am also looking forward to the visit here President’s call for negotiations leading to a tained U.S. diplomacy in the Middle East has soon of the Chinese Foreign Minister. worldwide ban on the use, stockpiling, pro- helped to build a renewed dialogue between A strong bilateral relationship between the duction and transfer of anti-personnel land- Israel and its Palestinian partners, pro- United States and China is needed to expand mines. The humanitarian problems created ducing significant progress on Israeli rede- areas of cooperation, reduce the potential for by the misuse of anti-personnel landmines ployment in Hebron. misunderstanding and encourage China’s full can only be dealt with on a global basis. In While an agreement is not yet in hand, the emergence as a responsible member of the September, the President told the UN Gen- intensive negotiations which have been con- international community. eral Assembly that ‘‘our children deserve to ducted over the past three months—includ- To make progress, our two countries must walk the Earth in safety.’’ This will be a ing direct discussions between Prime Min- act towards each other on the basis of mu- major arms control objective of the next four ister Netanyahu and Chairman Arafat—have tual frankness. We have important dif- years. restored a sense of momentum and greater ferences, especially on trade, arms transfers Arms control and nonproliferation are confidence between the sides. This process and human rights, including Tibet. We have closely linked to our policies toward rogue began during the Washington summit called concerns about Chinese policy towards the states. We have a major interest in pre- by President Clinton last October and has reversion of Hong Kong. While adhering to venting weapons of mass destruction from been sustained and advanced through our ac- our one China policy, we will maintain ro- being obtained by regimes with a proven dis- tive diplomatic engagement. Prime Minister Netanyahu and Chairman bust unofficial ties with Taiwan. But we also respect for the rule of law. Accordingly, we Arafat have reaffirmed to President Clinton have many interests in common, and have will continue working to improve the secu- their determination to continue their joint worked together on issues including the Ko- rity and prevent the diversion of fissile ma- efforts for peace. The United States will rean peninsula, crime, the global environ- terials. We will continue to oppose strongly stand by them as they do. ment and nuclear testing. the sale or transfer of advanced weapons or U.S. policy towards China has long been an Today, there remain two competing visions technologies to Iran. And we will insist on in the Middle East. One is focused on the issue of controversy in Congress and among maintaining tough UN sanctions against the American people. There are disagree- grievances and tragedies of the past; the Iraq unless and until that regime complies other on the possibilities of the future. An ments about the proper balancing of the var- with relevant Security Council resolutions. ious elements of that policy. There should be agreement on Hebron would serve as a cata- VIGOROUS DIPLOMACY IN SUPPORT OF PEACE no doubt, however, about the importance of lyst, strengthening the supporters of peace. Mr. Chairman, the appropriate American this relationship, and about the need to pur- Under the President’s leadership, we intend role in helping to end conflicts and respond sue a strategy aimed at Chinese integration, to press vigorously on all tracks to realize a to crises overseas has been debated widely, not isolation. secure, comprehensive and lasting peace be- not only in our time, but throughout Amer- tween Israel and her Arab neighbors. PREVENTIVE DEFENSE THROUGH THE CONTROL ican history. Throughout, we will be guided by Amer- OF DEADLY ARMS Because we have unique capabilities and ica’s unshakeable commitment to Israel’s se- The Cold War may be over, but the threat unmatched power, it is natural that others curity, and by our opposition to those who to our security posed by nuclear and other turn to us in time of emergency. We have an would disrupt this process through terrorism weapons of mass destruction has only been unlimited number of opportunities to act and violence. reduced, not ended. Arms control and non- around the world. But we do not have unlim- Secretary Christopher leaves office after proliferation remain a vital element in our ited resources, nor do we have unlimited re- four years of historic progress in facilitating foreign policy framework. sponsibilities. If we are to protect our own peace in the Middle East. While his presence With our leadership, much has been accom- interests and maintain our credibility, we will be missed, I will maintain fully the plished. Russian warheads no longer target have to weigh our commitments carefully, State Department’s commitment to an ac- our homes. Nuclear weapons have been re- and be selective and disciplined in what we tive U.S. role in this long-troubled and stra- moved from Belarus and Kazakhstan and in agree to do. tegic part of the globe.

VerDate Mar 15 2010 22:20 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\1997SENATE\S22JA7.REC S22JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 22, 1997 CONGRESSIONAL RECORD — SENATE S597 Across the Mediterranean in Cyprus, an- to act where possible to prevent and oppose newly-designated special envoy for the other longstanding disagreement remains genocide. Americas, Mack Mclarty. unresolved. In 1996, the parties moved no One practical step we can take is to in- Although much poverty remains, substan- closer to a final decision on the status of the crease the capacity of African countries to tial gains have been made in many parts of island. Moreover, disturbing incidents of vio- engage successfully in peacekeeping efforts the hemisphere through economic reforms, lence marred the climate for negotiations, within their region. That is the purpose of increased commerce, lower inflation and while underlining their urgency. The dispute the African Crisis Response Force proposed higher foreign investment. We believe that here and related differences between our two by the Administration last fall. This pro- further progress can be achieved that will NATO allies, Turkey and Greece, affect Eu- posal has generated considerable interest benefit us, as well as our hemispheric part- ropean stability and our vital interests. Ac- both within and outside the region. With ners, through agreement on a Free Trade cordingly, we are prepared in this new year Congressional support, it will be a priority in Area for the Americas by the year 2005. We to play a heightened role in promoting a res- the coming year. also place a high priority on the early addi- olution in Cyprus, but for any initiative to LEADERSHIP FOR A GLOBAL ECONOMY tion of Chile to the North American Free bear fruit, the parties must agree to steps The Clinton Administration has had ex- Trade Agreement on equitable terms, and on that will reduce tensions and make direct traordinary success these past four years in the extension to Central America and the negotiations possible. creating jobs for Americans at home by Caribbean of Arrangements equivalent to In Northern Ireland, we are encouraged opening markets abroad. The more than 200 NAFTA. that multi-party talks began but we are dis- Even closer to home, we are encouraging trade agreements negotiated have helped our appointed by the lack of progress made, and continued economic and political reform in exports grow by 34% since 1993 and created strongly condemn the IRA’s return to vio- Mexico, with whom we share a 2000 mile bor- 1.6 million new jobs. By passing NAFTA, lence. We will continue to work with the der and a host of common concerns, includ- concluding the GATT Uruguay Round and Irish and British governments and the par- ing crime, narcotics, immigration and the forging the Miami summit commitment to ties to help promote substantive progress in environment. achieve free and open trade in our hemi- the talks. And we note that former Senator In Africa, the overall economic outlook is sphere by 2005 and the APEC commitment to George Mitchell, who is chairing the multi- improving, but daunting problems of debt, do the same in the Asia-Pacific by 2020, the party talks, has been crucial to the forward strife, environmental stress and inadequate President has positioned the United States steps that have been taken. investment remain. to become an even more dynamic hub of the As we enter the 50th anniversary year of It is in our interest to help the region’s global economy in the 21st century. independence for both India and Pakistan, leaders overcome these problems and to As Secretary of State, I would do all I can we will again consider the prospects for re- build an Africa that is more prosperous, to see that this momentum continues. Al- ducing the tensions that have long existed democratic and stable. ready, I have talked with Treasury Secretary between these two friends of the United We know, however, that the primary impe- Rubin, Commerce Secretary-designate Bill States. tus for development here, as elsewhere, must Daley and Trade Representative-designate We have a wealth of equities in this region, come from the private sector. Charlene Barshefsky. We intend, if con- and a particular concern about the regional It is encouraging, therefore, that many Af- firmed, to function as a team—America’s arms race and nuclear nonproliferation. rican governments are facilitating growth team. And we intend to be a very tough India and Pakistan should both know that through policies that allow private enter- team. we will do what we can to strengthen their prise to take hold, while investing public re- Competition for the world’s markets is relations with us and encourage better rela- sources wisely in education, health and fierce. Often, our firms go head-to-head with tions between them, and that we expect both measures that expand opportunities for foreign competitors who are receiving active to avoid actions calculated to provoke the women. support from their own governments. A prin- other. If confirmed, I will place great emphasis on cipal responsibility of the Department of Another dispute tangled by history and ge- working with Africa’s democratic leaders to State is to see that the interests of Amer- ography concerns Armenia, Azerbaijan and broaden and deepen these trends. More spe- ican companies and workers receive fair the status of Nagorno-Karabakh. The good cifically, we will work towards the integra- treatment, and that inequitable barriers to news here is that the ceasefire has now held tion of Africa into the world’s economy, par- competition are overcome. Accordingly, the for more than two years. The bad news is ticipate in efforts to ease debt burdens, and doors to the Department of State and our that progress under the OSCE’s Minsk proc- help deserving countries, where we can, embassies around the world are open—and ess has been agonizingly slow. We have very through targeted programs of bilateral aid. substantial economic, political and humani- will remain open—to U.S. businesspeople PROMOTING FREEDOM AND EXTENDING THE RULE tarian interests in this region, and are pre- seeking to share their ideas and to ask our OF LAW pared to play a more visible role in helping help. to arrange a settlement. One step that Con- In the years ahead, we must continue shap- Mr. Chairman, the representative of a for- gress could take to increase our influence ing a global economic system that works for eign power said once that his country had no would be to lift restrictions on nonmilitary America. Because our people are so produc- permanent allies, only permanent interests. assistance to Azerbaijan, while maintaining tive and inventive, we will thrive in any true It might be said of America that we have support for our generous aid program in Ar- competition. However, maintaining the eq- no permanent enemies, only permanent prin- menia. uity of the system requires constant effort. ciples. Finally, in Central Africa, we are striving Experience tells us that there will always be Those principles are founded in respect for with regional leaders and our allies to pre- some who will seek to take advantage by de- law, human dignity and freedom not just for vent a still-volatile situation from erupting nying access to our products, pirating our some, but for all people. into even greater tragedy. We are encour- copyrighted goods or under-pricing us If I am confirmed, I can assure you that aging the repatriation of the remaining through sweatshop labor. the United States will not hesitate to ad- Rwandan refugees and assisting in their re- That is why our diplomacy will continue to dress frankly the violation of internation- integration into Rwandan society. Through emphasize high standards on working condi- ally-recognized human rights, whether those the efforts of Special Envoy Howard Wolpe, tions, the environment and labor and busi- violations occur in Cuba or Afghanistan; we are promoting a dialogue between the op- ness practices. And it is why we will work for Burma, Belgrade or Beijing. posing parties in Burundi. And we support a trading system that establishes and en- We will work with others to defeat the and end to conflict in Zaire based on recogni- forces fair rules. forces of international crime and to put tion of Zaire’s territorial integrity and full Although we will continue to work closely those who traffic in drugs permanently out respect for human rights. with our G–7 partners, the benefits of eco- of business. Mr. Chairman, I visited Central Africa last nomic integration and expanded trade are We will pursue a hard line against inter- year. In Rwanda, in the beautiful region not—and should not be—limited to the most national terror, insisting on the principle where they filmed ‘‘Gorillas in the Mist’’, developed nations. Especially now, when our that sponsoring, sheltering or subsidizing there is an old stone church. By its side, bilateral foreign assistance program is in de- terrorists cannot be rationalized; it is wrong; American and other volunteers work with cline, public and private sector economic ini- and those guilty should not be appeased, but little brushes to clean and reassemble the tiatives are everywhere an important part of isolated and punished. skeletons of people slaughtered there in 1994. our foreign policy. We can also leverage re- We will maintain our strong backing for Among the hundreds of skeletons there, I sources for results by working with and sup- the international war crimes tribunal for happened to notice one in particular that porting the international financial institu- Rwanda and the Balkans, because we believe was only two feet long, about the size of my tions. that the perpetrators of ethnic cleansing little grandson. In Latin America, a region of democracies, should be held accountable, and those who It is said that foreign policy should not be we will be building on the 1994 Summit of the consider rape just another tactic of war influenced by emotion. That is true. But let Americas to strengthen judicial and other should answer for their crimes. us remember that murdered children are not political institutions and to promote higher And we will continue to promote and advo- emotions; they are human beings whose po- standards of living through free trade and cate democracy because we know that de- tential contributions are forever lost. Amer- economic integration. I am pleased that, in mocracy is a parent to peace, and that the ica has an interest, as do all civilized people, this effort, we will have the assistance of the American constitution remains the most

VerDate Mar 15 2010 22:20 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\1997SENATE\S22JA7.REC S22JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S598 CONGRESSIONAL RECORD — SENATE January 22, 1997 revolutionary and inspiring source of change in doing all we can, as representatives of the I also look forward to developing a in the world. indispensable nation, and with the help of policy in Bosnia that allows us to with- THE ENVIRONMENTAL MAINSTREAM God, to answer that prayer. draw our forces by mid-1998 without al- One final note, Mr. Chairman. Before clos- Thank you very much. lowing a relapse into renewed fighting ing I wanted to make it clear that I intend, Mr. BIDEN. Thank you, Mr. Presi- among the various parties there. if confirmed, to build upon Secretary Chris- dent. I also am looking forward to encour- topher’s wise decision to incorporate envi- Mr. President, Ambassador Albright aging democracy throughout the world ronmental goals into the mainstream of our possesses a rare talent for articulating in places like Serbia, Belarus, Iraq, foreign policy. the reasons why events in seemingly Over the past several years, I have traveled China, Burma, and Cuba, all of which far away places matter a great deal to are going to be daunting tasks we face. to almost every region of the world. I have ordinary Americans. seen the congestion caused by over-develop- And to be sure, before NATO decides to ment, and the deforestation that results I was with another member of this admit new members—I hope that we when expanding populations compete for administration, Sandy Berger, today will—that the enlargement will in- shrinking natural resources. I have smelled and we were talking about it. I said crease the security of all the countries the air of smoke-clogged cities where the en- that I had to leave to go and deal with in Europe, and, second, that the costs vironmental techniques made possible by Madeleine Albright’s nomination on modern technology have not yet been ap- of enlargement are fairly allocated in a the floor. And I said, ‘‘They seem to manner not unduly burdensome on the plied. like her.’’ I don’t think this is inappro- The threats we face from environmental American taxpayer. And third, that a damage are not as spectacular as those of a priate to suggest. There is no State se- NATO charter with Russia can be con- terrorist’s bomb or a hostile missile. But cret. He said, ‘‘We were at a meeting, cluded that allows the alliance the op- they directly affect the health, safety and and she used the line that I think is portunity to consult with Moscow be- quality of life of families everywhere. We can great, and it captures what is going on. fore making final decisions, in order to choose to be passive in responding to those She said, ‘It is amazing that the 1 per- accommodate enhanced security in Eu- threats, and leave the hard work to our chil- cent of the resources of this Govern- dren, or we can be active and forward-look- rope. And also to increase our efforts ment may very well’ ’’—that is approxi- at combating the scourge of inter- ing now. I choose the latter course, and will mately what we spend on the whole not be shy in seeking congressional and pub- national drug trafficking, which lic support. foreign policy establishment of this threatens so many of our neighbor- Government—‘‘ ‘1 percent of the re- CONCLUSION hoods and families. sources of this Government will prob- Members of the Committee, I am deeply The one thing that every Secretary honored to appear here today. I have laid out ably determine 50 percent of the future of State has given lip service to is deal- some, but by no means all, of what I see as of this Nation over the next 6 to 8 ing with that issue. The one thing that the principal challenges and opportunities years.’ ’’ every Secretary of State, Democrat or we will face over the next four years. Clear- The reason I bother to mention that Republican, has promptly forgotten is ly, we have a lot to do. as an aside is that one of the things she a commitment I have gotten before I could say to you that it had always been grasped very well, as all great Secre- my ambition to be Secretary of State of the from every Secretary that they will taries of State have, is in the context not forget. But I want the RECORD to United States. But that is not true. Frankly, in which she is operating, and the con- I did not think it was possible. note, if Madeleine Albright is listening, I arrived in America when I was 11 years text in which the foreign policy it will that I remind her I will not forget her old. My family came here to escape Com- be her responsibility to promote will be commitment that the State Depart- munism and to find freedom and we did. My hers. ment should be involved in that testy, ambition at that time was only to speak Ambassador Albright has made a little, difficult item of dealing with the English well, please my parents, study hard, convincing argument for the United and grow up to be an American. international drug problem. The truth States to remain engaged throughout of the matter is most folks at the State The newspaper in Denver, where we lived, the world and for this Congress to give had a motto that read, ‘‘ ‘Tis a privilege to Department and foreign policy types live in Colorado.’’ the State Department the resources it think it is kind of beneath them to My father used to repeat that motto on a needs to, as she said, ‘‘promote and deal with drug policy, and I am here to regular basis, but he would often add a re- protect the interests of the American tell them, now that I rank on the minder: ‘‘Kids,’’ he would say, ‘‘never forget people.’’ Democratic side, I will be a thorn in that it is also a privilege to live in the I look forward to working with Am- their side about increasing their atten- United States.’’ bassador Albright to secure an ade- Long after I left home, my mother would tion to that issue. quate level of funding for her to direct Mr. President, I am enthusiastic call on the Fourth of July to ask my chil- American diplomacy, in order that our dren, her grandchildren: ‘‘Tell me, are you about the prospect of working with singing any patriotic songs?’’ Foreign Service officers, our U.S. Infor- Ambassador Albright over the next 4 Senators, you on your side of the table and mation Service officers, and our Agen- years. I am confident that she will co- I on my side, have a unique opportunity to cy for International Development operate closely with the Senate to en- be partners in creating a new and enduring workers can be active throughout the sure that our foreign policy continues framework for American Leadership. One of world. We need a diplomatic corps that to embody American ideals and to my predecessors, Dean Acheson, wrote about can react quickly and decisively to cri- serve the interests of the United States being present at the creation of a new era. ses before they escalate and then You and I have the challenge and the respon- around the globe. sibility to help co-author the newest chapter threaten peace and stability. We can- I strongly urge my fellow Senators to in our history. not afford to keep the State Depart- vote to confirm Madeleine Albright as In so doing, let us remember that there is ment so underfunded that diplomats our next Secretary of State. not a page of American history of which we are reduced to making calls from pay I thank the Chair and yield the floor. are proud that was written by a chronic com- phones because our missions are so Mr. GREGG. Mr. President, what is plainer or prophet of despair. poorly equipped that even the tele- the time situation? We are doers. phones don’t work. By rejecting the temptations of isolation, The PRESIDING OFFICER. The Sen- and by standing with those around the world Mr. President, there is much more to ator from New Hampshire is recog- who share our values, we will advance our say and much that has been said. I do nized. own interests; honor our best traditions; and not want to be the one to slow up the Mr. GREGG. Will the Chair advise me help to answer a prayer that has been offered process. Let me conclude by suggesting of the time situation. over many years in a multitude of tongues, that I particularly look forward to The PRESIDING OFFICER. The Sen- in accordance with diverse customs, in re- working with Ambassador Albright in ator from New Hampshire has 44 min- sponse to a common yearning. a number of specific areas—the ratifi- utes remaining. The Senator from That prayer is the prayer for peace, free- cation of the Chemical Weapons Con- Delaware has 28 minutes remaining. dom, food on the table and what President Clinton once so eloquently referred to as vention before it enters into force April Mr. GREGG. It would be my proposal ‘‘the quiet miracle of a normal life.’’ 29, and to negotiate further arms con- then to yield 5 minutes to the Senator If with your consent, I am confirmed as trol treaties, including a Start III ac- from Montana and then speak myself 5 Secretary of State, I will ask you to join me cord. minutes to try to get the time more in

VerDate Mar 15 2010 22:20 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\1997SENATE\S22JA7.REC S22JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 22, 1997 CONGRESSIONAL RECORD — SENATE S599 line. I yield to the Senator from Mon- security is in jeopardy. Ambassador plex issues as well as to explain them tana. Albright seems to understand the grav- to the community at large. The PRESIDING OFFICER. The Sen- ity of this concept, and I am now as- As president of the Center for Na- ator from Montana is recognized. sured that she will not take such ac- tional Policy, a nonprofit research or- Mr. BURNS. I thank the Senator tion when policies face that kind of sit- ganization formed by representatives from New Hampshire. uation. from government, industry, and labor, I rise today in support of the nomina- Based on that, and I know we are she not only gained an understanding tion of Madeleine Albright, our Ambas- squeezed for time and there are many of the nonprofit sector but worked to sador to the United Nations, to be Sec- statements to be made about this won- bring together these diverse groups in retary of State. derful lady, I hope that my colleagues the interest of domestic and inter- As we all know, the Ambassador is a will support her to be confirmed in this national policy. highly intelligent woman with a solid nomination. For the past 4 years she has served in history in foreign affairs. We have just I thank my friend from New Hamp- the President’s Cabinet as Permanent completed visits to countries where we shire. I yield the remainder of my time, Representative to the United Nations, have a very high investment in mili- and I yield the floor. where she has addressed issues ranging tary, and let me tell my colleagues in Mr. SARBANES addressed the Chair. from economic development to peace- the Senate that we still live in a pretty The PRESIDING OFFICER. The Sen- keeping to counternarcotics, and has tough world. Our challenges are still ator from Maryland is recognized. dealt with conflicts that span the there. Mr. SARBANES. Mr. President, I globe. Not only does she bring to her posi- yield myself 4 minutes. Under her leadership the United tion experience from academia but also The PRESIDING OFFICER. The Sen- States gained Security Council ap- the administrative arm of our Govern- ator is recognized on the nomination in proval for the United States-led, multi- ment and the legislative side. So I am the time under the control of the mi- national effort to restore democracy in certain that she knows how this proc- nority for 4 minutes. Haiti, for resolutions condemning ess works. Based on that knowledge, I Mr. SARBANES. I rise in very strong human rights violations in countries think she knows how to work with this and enthusiastic support of the nomi- including Cuba, Sudan, Burma, Nige- Congress and forms a solid foundation nation of Madeleine K. Albright to be ria, Iran, and Iraq, and for the estab- of trust and openness that is required Secretary of State. lishment of an inspector general to of all of us. In my judgment, Ambassador crack down on waste and fraud within Considering Secretary Christopher’s Albright is an outstanding choice for the U.N. system. That she accom- introduction at the Foreign Relations this position. Her experience, both per- plished these and many other impor- Committee hearing and Ambassador sonal and professional, as well as her tant goals at a time when the United Albright’s testimony in which she stat- demonstrated leadership ability, her States was the world’s largest debtor ed, ‘‘I can assure you that I am going steadfast adherence to the values and to the United Nations, thereby under- to tell it like it is here and also when principles that Americans hold dear, cutting our influence in that institu- I go abroad,’’ I am hopeful that her re- and her vast and indisputable knowl- tion, bears witness to her formidable lationship with the Congress will be an edge of the many complex issues that diplomatic skills. open one and an honest one. will no doubt confront our next Sec- What Ambassador Albright will bring By her frankness, however, there are retary of State, make it clear why to this position, however, reaches far issues which concern those of us who President Clinton has selected her. beyond the qualifications that are list- live in the State of Montana. We may Ambassador Albright’s work with the ed on her impressive re´sume´. Her own disagree with the Ambassador in some administration over the past 4 years personal family history of escaping areas. Although she has promised that testifies to her ability to excel at two from persecution, first at the hands of ‘‘one of the major goals of this admin- very different aspects of the position the Nazis and subsequently at those of istration is to make sure that the for which she has been nominated. She the Communists, has given her a pro- American economic lifeline is pro- has worked within the administration found understanding of the values and tected,’’ the Ambassador has also stat- to craft effective responses to the interests at the very heart of U.S. for- ed she is supportive of the fast track international challenges we face—obvi- eign policy. At her hearing, she elo- provision to include Chile into the ously a prime responsibility of the Sec- quently reminded us that freedom and North American Free Trade Agree- retary of State. She also during these democracy can be challenged from both ment. Treaties like NAFTA have not last 4 years has articulated those poli- the left and the right of the political exactly been a windfall for my State of cies in a clear and persuasive manner, spectrum. She told the committee, ‘‘It Montana. And the mere suggestion of building support among the American might be said of America that we have expanding it does not sit well when you people and winning the cooperation no permanent enemies, only permanent have been impacted like we have, being and respect of the international com- principles. Those principles are found- a border State. munity. Her capability in both the pri- ed in respect for law, human dignity As legislators and leaders, we must vate and public arenas of policymaking and freedom, not just for some, but for ensure that free and fair trade is part is most impressive. all people.’’ of any treaty, and if it is not, then It is abundantly clear to those famil- Referring to the United States as those treaties or agreements should iar with her record that she represents ‘‘the indispensable nation,’’ she chal- not even be considered. I hope the Am- a very tough-minded and perceptive lenged us to become ‘‘the authors of bassador will remember this vital ele- choice on the part of the President. the history of our age’’ by seizing the ment when negotiating as a U.S. rep- She has distinguished herself in many opportunity to meet the demands of a resentative around the world. institutions and aspects of foreign pol- new century. Also, in the past, I have had great icymaking, from the executive and leg- I think we all agree on the impor- concerns about what I have perceived islative branches to the world of aca- tance of having the President’s new as her overly enthusiastic willingness demia. Over the past two decades, she foreign policy team in place as quickly to use American troops abroad just has served as a staff member both at as possible, and I am pleased that the from some of the statements she has the National Security Council and in Foreign Relations Committee and the made. the Senate, where she worked with our full Senate are acting upon this nomi- I see she did in her testimony give a former colleague, Ed Muskie, who him- nation in such an expeditious manner. statement that would raise our com- self then later became Secretary of I understand the Armed Services Com- fort level a little more, and I think State. As a scholar, she has earned re- mittee is also moving expeditiously to that statement is good enough for me. spect in the academic community as a consider the nomination of our former I have always believed that the United researcher and teacher, consistently colleague, Senator William Cohen, to States should never forget that sending drawing high praise from her stu- be Secretary of Defense. We have be- our troops into dangerous situations dents—further testimony to her ability fore us a full and pressing agenda: the should only be done when our national both to come up with solutions to com- ratification of the Chemical Weapons

VerDate Mar 15 2010 22:20 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\1997SENATE\S22JA7.REC S22JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S600 CONGRESSIONAL RECORD — SENATE January 22, 1997 Convention and budgeting adequate re- tern claiming our policy is under re- Burma, and I congratulate my colleagues sources for the effective conduct of our view, a review which has been going on from Sweden for the skill and commitment foreign policy, to mention only two. for several years. with which they authored and gained agree- Ambassador Albright’s confirmation In the meantime, more than 500 peo- ment to it. ple have been arrested when Aung San This resolution reflects the consensus view hearing proved to all of us President of the members of the United Nations, a view Clinton’s insight in selecting her for Suu Kyi ventured from her compound premised on the ideals of the UN Charter and this significant and weighty assign- several weeks ago, her car was stoned the principles enshrined in the Universal ment. He chose her for her dem- and smashed by thugs as SLORC police Declaration of Human Rights. It reflects the onstrated competence, her broad range looked on. Since then she has been hard-earned wisdom of the international of experience, for her consistently under undeclared house arrest. community that every government of every sound advice, and her exceptional abil- Given her past support I am hopeful society should be held to certain minimum ity to explain international issues to Ambassador Albright will finally take standards of respect for the rights and free- the necessary steps to position this ad- doms of its own people. Americans while conveying U.S. poli- Regrettably, the current government of cies and principles to the world. ministration squarely in support of de- mocracy and its most eloquent, dig- Burma is not meeting these minimum stand- I believe that Madeleine Albright is ards. It has subjected democratic forces to a eminently qualified to become Sec- nified advocate Aung San Suu Kyi. kind of rolling repression in which small retary of State. I urge my colleagues to Let me comment briefly on one other steps forward alternate with crackdowns and join with me in approving her nomina- area where I believe Ambassador episodes of intimidation and violence. tion. Albright has already made a difference. The Burmese authorities, known as the Mr. President, I yield the floor. During the administration’s recent SLORC, have refused to enter into a mean- Mr. McCONNELL. Mr. President, I consideration of the level of support for ingful dialogue with the leader of the Na- am pleased to rise in support of Ambas- the foreign affairs account she has been tional League for Democracy, Aung San Suu sador Albright’s nomination as Sec- unflinching and unapologetic about the Kyi, or with other democratic leaders and representatives of the major ethnic groups. retary of State. I am confident she will need to provide adequate resources to administer American foreign policy They have continued to deny to their citi- serve our national security interests zens the fundamental political freedoms of with distinction. and assistance programs. expression and assembly. And they have en- While she has managed a broad port- I share her view that we have reached gaged in torture, forced labor, forced reloca- folio in her capacity as our Ambas- a crisis point—we cannot afford to tions and summary executions. sador to the United Nations, there are compromise our financial support for It is increasingly clear that the failure of two issues where I have had occasion to our embassies and programs abroad Burmese authorities to respect civil and work closely with her and have been based on a misguided notion that fur- human rights is causing unrest within the particularly impressed with her views ther reductions will actually make a country. difference in balancing the budget. Recent student demonstrations, although and commitment. non-political in nature, have been harshly On Burma, Ambassador Albright has The 150 account is already less than 1 percent of Federal spending—further repressed. The Government has periodically consistently delivered a tough message curtailed the right of Aung San Suu Kyi to to the ruling junta: We expect improve- cuts will not make any meaningful address her supporters in public and even to ments on human rights, we expect a se- contribution to controlling our budget leave her home. Last November, her motor- rious effort to be made to combat the deficit and, in fact may actually make cade was attacked by a mob that could only scourge of narcotics trafficking. it worse. have acted with official authority and bless- She has recognized that the key to Cutting back on America’s presence ing. As we speak, the restrictions on her progress in both areas is to restore de- overseas has a direct impact on Amer- movements and activities are the most se- ican commercial interests—without ex- vere since her release from ‘‘house arrest’’ in mocracy to Burma. July, 1995. To the supporters of Aung San Suu port promotion programs to launch and support them in critical but risky new Although the SLORC professes a desire to Kyi and her legitimately elected Gov- move Burma in the direction of democracy, ernment of Burma, robbed of their vic- markets, American business men will it has not done so. The Constitutional Con- tory in 1991, Albright has been the sole lose long term access and share—and as vention it established to create the illusion voice of support and hope in this ad- we all know, exports are the key to of a national political dialogue is a sham— ministration. both American income and 11 million fully controlled and orchestrated by the gov- Following the International Con- jobs. ernment. As a result, the Convention has ference on Women in Beijing, she trav- It’s not just our economy that is af- been a source not of reconciliation, but of fected, our presence abroad has a direct further division. eled to Rangoon and met with Aung Finally, the Government of Burma has re- San Suu Kyi. affect on protecting our interests in combating terrorism and narcotics fused to cooperate with the UN Special This may not seem to be exceptional, Rapporteur and with the Special Representa- but Ambassador Albright is the only trafficking, direct threats to our com- tive of the Secretary-General. senior official in the administration to munities and families. The Burmese authorities would like the meet with Aung San Suu Kyi and has American leadership has paid a pre- world to believe that its harsh policies are been alone yet unfailing in her out- mium in peace and prosperity but it necessary in light of Burma’s turbulent his- spoken support for the advancement of comes at a price. Madeleine Albright tory and the multi-ethnic nature of Burmese has courageously and clearly defended society. But as the Resolution approved Burma’s freedom from the thugs who the importance of making that down today shows, the world does not accept that currently rule. excuse. The right of people to participate A few weeks ago, after several hun- payment. I am confident that she will bring the freely in a democratic political process is an dred students and citizens were ar- same frank, smart, and tough approach ally—not an enemy—to national unity and rested for calling for political change, social peace. to her new responsibilities that we Ambassador Albright spoke out force- Experience tells us that the kind of sta- have seen her exercise in her current fully and in clear terms at the United bility that may be achieved through repres- position. Nations that this oppression must sion is sterile, superficial and temporary. It I ask unanimous consent that Am- is a stability maintained by fear, in which come to an end. bassador Albright’s statement at the the human resources of a society are held Last year, during consideration of United Nations be printed in the back and beaten down. the foreign operations bill, we included RECORD. Lasting stability, economic prosperity and language which established criteria for There being no objection, the state- a rich cultural life come when people are free imposing economic sanctions against ment was ordered to be printed in the to make use of their full talents and abili- ties. A society blossoms when those who gov- SLORC. RECORD, as follows: Specifically, we required sanctions be ern respect those who are governed, and STATEMENT BY AMBASSADOR MADELEINE K. when the people have confidence in those applied if there was large scale repres- ALBRIGHT, UNITED STATES REPRESENTATIVE sion against the opposition or if any they have chosen to make and enforce their TO THE UNITED NATIONS, IN THE GENERAL laws. action was taken to harm or rearrest ASSEMBLY, ON THE HUMAN RIGHTS SITUA- For Burma, the path to that kind of future Aung San Suu Kyi. TION IN BURMA, DECEMBER 12, 1996 is outlined in this resolution. Since the bill passed, the administra- The United States strongly supports this In it, we call upon the government to cease tion continues to be in a holding pat- resolution on the human rights situation in abusing human rights, to empty their cells

VerDate Mar 15 2010 22:20 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\1997SENATE\S22JA7.REC S22JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 22, 1997 CONGRESSIONAL RECORD — SENATE S601 of those detained for political reasons, to policies there, and in fact were really body or related to somebody and are permit UN representatives to visit; and to misled as to the decisions that were not pursuing and accomplishing a great begin a genuine dialogue with democratic made there, as to the removal of Amer- deal, either to the benefit of the United and ethnic leaders. ican troops. But rather than focusing Nations or the world. Yet, there ap- The more time elapses before these steps are taken, the more the pressure will build, on that issue, that I know some of my pears to be a significant amount of the more divided Burma will become, and colleagues were talking about, I want that going on. the more difficult it will be for Burma to to focus on two other issues I think are I had one U.N. spokesperson say to achieve a peaceful transition to democratic critical and about which this adminis- me, ‘‘But we have 290 countries looking rule. tration’s policies need to be reviewed over our shoulders making sure every The international community would like with considerable intensity. cent is spent appropriately.’’ The fact to see Burma develop into a stable, pros- The first issue is how we deal with is, just a few nations are actually pay- perous and democratic society. We would the United Nations. It is my under- ing for the spending. Most of the na- like to remove Burma from the list of na- standing the administration will be tions about which we annually express con- tions that participate in the United cern. sending up a supplemental request or Nations either contribute very little But as long as repression remains the gov- some other form of request for an ap- or, in some cases, nothing to general ernment’s chosen means of conducting busi- propriation to fully fund the arrearages coffers, and they are not looking over ness with its own people, we will continue to that are due to the United Nations. I their shoulders to determine how the meet our own responsibility to speak up; and happen to be a supporter of the United money is being spent effectively. In to assert the validity in Burma of the uni- Nations, its goals and purposes. But I many instances, they are looking over versal and cherished principles by which all also am realistic enough to know that the shoulders to see how much money nations have agreed to live, and without body has not functioned very effec- which, no nation can fulfill its potential. they can get spent on them. tively and that body has spent a lot of So, really, it is the United States Mr. GREGG. Mr. President, I yield money ineffectively and has had a sig- role in the exercise of reviewing the myself such time as I may consume. nificant track record of patronage, of United Nations that we be much more I rise to speak, along with my col- misuse of funds, and in some instances aggressive in financial review and man- leagues, on the good counsel, good deci- of actual abusive use of funds. agement of that institution. sion the President has made in choos- The question becomes how should we This is something I do not think this ing Madeleine Albright. I think it also pay these arrearages? Should we just administration has pursued aggres- is appropriate at this time to acknowl- do it in a carte blanche manner or just sively enough. Ambassador Albright, to edge the extraordinary effort and the do it in an orderly manner that allows her credit, tried to pursue it aggres- extraordinary commitment of service the United States to assert financial sively, but I think that once we take that was made by Secretary Chris- interests of the integrity within the in- off the lever of the arrearages issue and topher during his term as Secretary of stitution, of its management of day-to- simply sign a blank check for arrear- State. He was a patient and tireless day operation, and of its delivery of ages, we lose our capacity to effec- pursuer of peace around the world. I services? To date we have not had a tively pursue United Nations reform in may not have agreed with all his poli- great deal of success in that area. its own house, and that is something cies, but certainly in a number of areas There has been a lot of talk about it. that I will be very resistant to doing. his successes are considerable and I The United Nations has claimed that it I believe Congress should put a point specifically to the Mideast. is now funding a no-growth budget, strong fence around any funds for the Equally important, he was an indi- something which is very suspect even United Nations, and before those mon- vidual totally committed to raising up though the State Department has cer- eys can be spent for arrearages, there the standard of living and of support tified it. It is very suspect because must be a hard account—a hard ac- for members of his team, his Foreign there are $154 million worth of reduc- count—of how the reforms have oc- Service team and their families, some- tions in spending which they claim curred and whether or not they are thing I am also committed to, that, as they are going to make, but which going to be effective. chairman of the appropriations com- have not been identified. Yet we see Second, this administration’s actions mittee which has jurisdiction over the the State Department accepting them in the area of terrorism, which is a State Department, I feel very strongly at face value, which is something I core issue of foreign policy—in fact, we must continue to pursue. So I con- think this Congress should have a there is no greater threat to this coun- gratulate him on his efforts. great deal of problems doing for any try today than the act of a terrorist, Ambassador Albright is someone I American agency. either orchestrated by a foreign power have had a chance to work with, rel- In addition, we hear the United Na- or orchestrated by an international ative to her time at the United Na- tions is aggressively pursuing reform group of individuals directed at our tions. I know she will bring to the of- within itself. But that reform does not country—there is no greater threat to fice of Secretary of State a great deal seem to be broad. It also does not seem our country today. of integrity and a great deal of energy. to be willing to be subject to signifi- We came out of the cold war where Of course she has a unique personal cant review. An inspector general has the threat was two nations confronting background that I think will be a tre- been appointed, but that inspector gen- each other with nuclear armament into mendous asset to the President, as he eral’s portfolio has been significantly a world where we have innumerable and she develop international policy. limited. factions around the world who, for But, as we address the issue of Mad- We, as a Congress, have also been sig- whatever reasons—whether they are re- eleine Albright’s nomination I think nificantly circumscribed in our ability ligious, whether they are personal, we need to go beyond the person. I in- to determine how the dollars are being whether they are just economic—have tend to vote for her and vote with en- spent. decided to make the United States the thusiasm for her, but I do believe very Why is it important that we look at target of their concerns and, in many strongly that we need to raise the issue this? Well, because 25 cents of every instances, these are fanatics. of policy, as to how this administration dollar that the United Nations spends We, as a nation, must be much more is pursuing the decisions of foreign pol- comes from the American taxpayer, aggressive in addressing the issue of icy in a number of arenas because there and we have to go back to our constitu- terrorism. To do this, we have to have are some problems and I have signifi- ents and say those dollars are being a coordinated effort that starts with cant reservations, as I know many of spent effectively. the President and involves the core my colleagues do. I know there has I personally have no problem funding agencies at the Federal level, including been some discussion on the issue of the United Nations at a level that is the State Department, the CIA, the De- Bosnia, and the question as to how the reasonable, but I do have a great deal fense Department and the Justice De- administration acted and is going to of problem funding some group of indi- partment, and especially the FBI in the continue to act there, the fact that ba- viduals simply sitting at a desk who Justice Department. sically neither the Congress nor the got those jobs out of patronage or be- I have been concerned and have spo- American people were told fully of the cause they happened to know some- ken on this floor a number of instances

VerDate Mar 15 2010 22:20 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\1997SENATE\S22JA7.REC S22JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S602 CONGRESSIONAL RECORD — SENATE January 22, 1997 about the fact that although we have tion. Obviously, he has chosen not only Those of us who know Ambassador leadership in those Departments who someone who is eminently qualified to Albright were not at all surprised by have raised the issue of terrorism to a be Secretary of State, but he has made her deft handling of the nomination high standard within their Depart- a wonderful statement to the world process itself, the way in which she im- ments, and although those leaders talk about the possibilities in the United pressed both the public and the Sen- to each other—Secretary Christopher States of America. It is something we ators who were part of that confirma- was aggressive in talking to other often talk about, but Madeleine tion process earlier this month. agency heads, the Defense Department, Albright will be a living example, an As the former chairman and now CIA, and Justice—we do not yet have Ambassador, even as Secretary of ranking member of the International in place a systematic process for push- State, of the opportunities in this Operations Subcommittee, I was par- ing down through the agencies the co- country for an immigrant as well as for ticularly pleased that Ambassador operation which is necessary in order women. I think all of us should be very Albright shares my concern about two to have a coordinated effort. In fact, we proud of that. important issues. They are not the still have in the field significant resist- She brings a remarkable amount of only things we share, but two that I knowledge and practical experience to ance from the State Department to want to just spend a moment on. FBI agents being placed overseas for this job. She is an academic with rec- ognized expertise in the politics and One is the need to ensure that the the basic purpose of law enforcement, State Department has adequate re- and we have a real lack of communica- policies of Russia, Central and Eastern Europe. sources to conduct our diplomacy in tion, in many instances, between the this increasingly complex world. I FBI, CIA, and the field people who do During her tenure as our representa- tive at the United Nations, she has think it is vital for us in the Congress the work for the State Department. not to balance the budget of the United Until we put in place a systematic shown herself to be a remarkably force- States on the great international inter- process of developing information and ful and effective diplomat. Of par- ests we have, to nickel and dime many getting it back to a central group in ticular importance to us here, she un- of those vital interests as we go for- this country who can use that informa- derstands the Hill, she understands the ward in this far more complex world. tion effectively, we will be continuing Congress, she understands the con- to blind ourselves as a nation as to the stitutional prerogatives thereof, and Many of my colleagues spend a lot of threat of terrorism and our ability to she has worked as well with the execu- time extolling the virtues of the end of respond to it. tive branch as she has with the legisla- the cold war, and well we should. But This has to come from the top. It has tive branch of our Government. the end of the cold war does not mean to come from the President. The Presi- During her 4 years at the United Na- the end of the need for personal diplo- dent has to have the leadership of the tions, she established an impressive macy or for vigilance or for American agencies sit with him on a regular record of accomplishments on behalf of presence. I would respectfully submit basis and develop a plan which is then our country. Thanks to her determina- that it means the need for more, not communicated down through the var- tion, the United States was able to less. And the new kind of conflicts that ious levels of the different Depart- hold the line on U.N. sanctions against we see, conflicts that emerge out of na- ments. But it has not occurred yet. To Libya and Iraq and to gain the Secu- tionalism, out of fundamentalism, the be honest, I do not think there is a rity Council’s approval for the United problems of terrorism and working on sense of urgency expressed yet within States-led multinational effort to re- treaties and various agreements, and this administration to do that. So, store democracy in Haiti, an effort, I legal agreements to exchange law en- once again, I have a strong concern and might comment, met with significant forcement and information, all of these hope that they will take this issue on. resistance in this country, that rep- things really demand more personal di- So those are two public policy issues resented both a gutsy, courageous deci- plomacy than ever before. which I think this administration has sion and one which has made an enor- Indeed, the extraordinary confronta- yet to adequately address, and I hope mous difference, ultimately, for the tions we face internationally on issues the new Secretary of State, Ambas- people of Haiti and, I think, also, one of resource allocation, refugees, human sador Albright, will pursue them. They might say, to our country because of rights require the United States of are put on the table by myself as a what we accomplished and also because America, the preeminent leader on matter of a caveat item of concern of the practical things that we avoided these issues in the world, to be able to that, as chairman of the committee with respect to the forced immigration make our presence felt. which has jurisdiction over the State and difficulties we were facing with Mr. President, that means people Department and the Justice Depart- refugees coming to Florida. talking to people. It does not mean In addition to that, her very strong ment, I intend to continue to push and closing every mission or closing every personal advocacy led to the establish- to which I hope this administration outpost in the world. It frankly means ment of the War Crimes Tribunal for will respond. a greater presence, not a lesser pres- Rwanda and the former Yugoslavia and Mr. President, I reserve the remain- ence. I believe that that will return to for the fulfillment, really, of Eleanor der of my time and yield the floor. us in so many hundreds of thousands of Roosevelt’s proposal for the establish- The PRESIDING OFFICER. Who ways, some of them immeasurable, but ment of a new position, the High Com- yields time? most of them measurable, that it is Mr. KERRY addressed the Chair. missioner for Human Rights. In the very difficult area of U.N. re- well worth the investment of this coun- The PRESIDING OFFICER. The Sen- try. ator from Massachusetts. form and management, which is an Mr. KERRY. Mr. President, I yield area Senator GREGG referred to, and The second area, I believe, is the im- myself such time as I may consume. other Senators have expressed a great portance of developing a multilateral The PRESIDING OFFICER. The Sen- deal of concern about, particularly strategy to combat the increasing ator is recognized. those of us on the Foreign Relations threats positioned by international Mr. KERRY. Mr. President, I rise to Committee, Ambassador Albright’s de- crime. Without such a strategy, we will strongly support the nomination of termined and personal efforts have led find ourselves increasingly threatened Madeleine Albright to be Secretary of to the establishment of an inspector in the face of a growing global criminal State. I thank the majority leader for general, the adoption for the first time network that tears at the fabric of our moving so rapidly to schedule both this in history of a no-growth budget. As society and jeopardizes our relation- debate as well as the vote. suspect as Senator GREGG says some of ships with other nations. I believe the overwhelming vote— the promises may be, it is in place and In the coming months we have to ad- probably unanimous—in favor of Mad- I believe we are in a position to help le- dress a host of important issues in the eleine Albright is going to properly re- verage that now for the first time, and Senate: arms control and foreign policy flect the confidence and esteem in also, most important, the election of a issues, including the Chemical Weap- which she is held by the U.S. Senate. new Secretary General who under- ons Convention, the Nuclear Safety I think the President should be stands the paramount need for contin- Convention, the future of the Anti-Bal- greatly commended for this nomina- ued reform. listic Missile Treaty, the U.N. funding

VerDate Mar 15 2010 22:20 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\1997SENATE\S22JA7.REC S22JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 22, 1997 CONGRESSIONAL RECORD — SENATE S603 and reform, and the question of re- and the responsibility to question Am- they will not be available to protect sources for international affairs, agen- bassador Albright concerning her stra- strategic national interests where we cies and programs. So I look forward to tegic vision for the conduct of U.S. for- must make a difference. working with the new Secretary of eign policy. Ambassador Albright is a It is important that we ask the Sec- State on those issues. capable and forceful advocate of the retary of State-designate and this ad- Mr. President, many of us have had Clinton administration’s agenda. I am ministration for a well-defined set of the honor of working with Ambassador confident that she will serve the Presi- guidelines for how we deploy the Albright for the last 4 years. We know dent with honor and distinction. Unfor- strength of the United States around she has a remarkable grasp of the tunately, I am equally confident that the world. The absence of such a pol- issues that we face and a determina- Ambassador Albright will continue to icy, I think, could be disastrous in tion to confront the challenges. We promote the same misguided Clinton terms of our own interests and could be should remember that she brings a foreign policy that we have had for the confusing and send the wrong signals very important additional quality to past 4 years. to the international community. In this job—it is a special quality, and I We need our foreign relations to be that respect I send to the desk for in- think particularly important in this conducted at the highest level of inte- clusion in the RECORD an editorial from time—and that is the ability to con- gration and coordination, and the high- the Philadelphia Inquirer of January nect with the American people and to est level of representation of the sov- 13, 1997, regarding this matter and the help define to the American people the ereign interests of this country and the hearing and ask unanimous consent complexities of our interests in foreign American people. We must ensure that that it be printed in the RECORD. policy and to do so in a way that all our influence is used to advance the na- There being no objection, the article Americans can understand and appre- tional interest and to ensure respect was ordered to be printed in the ciate. for American leadership abroad. Na- RECORD, as follows: When we visited in my office prior to tional prestige is reinforced and en- her confirmation hearing, Ambassador STATECRAFT—AFTER MADELEINE ALBRIGHT hanced when we operate with a coher- SKATES TO CONFIRMATION, IT’LL BE PER- Albright said to me that her first ob- ent, concise, and understandable for- FORMANCE, NOT RHETORIC, THAT COUNTS jective was to make the American peo- eign policy. As the world’s only re- During her confirmation hearings for sec- ple understand what we are trying to maining superpower—we must enhance retary of state last week, Madeleine Albright accomplish, how we are trying to ac- our capacity to deliver military, eco- was asked when America should intervene complish it, and their stake in what we nomic, and moral leadership with clar- abroad. are trying to accomplish in their name. ity. She quoted a high-sounding but vague Like any smart politician, she under- To date, the Clinton administration statement by President Clinton: ‘‘Where our interests are clear, our values are at stake, stands that no foreign policy can be has reacted to foreign policy develop- successful ultimately without the sup- and where we can make a difference, we ments, but has failed to a develop a for- must act and we must lead.’’ port of the American people. I am con- eign policy. The administration has fident that she will engender that sup- Sen. John Ascroft, a Missouri Republican, lurched from managing one crisis to asked with understandable perplexity, ‘‘How port in her new role as Secretary of another, but never articulated the na- do we set those priorities? Are there ever State. tional interest in accordance with a times where we don’t act where we could So today we have an opportunity to core philosophy. Instead of consist- make a difference because we need to reserve help make history in the U.S. Senate ently safeguarding and promoting our our capacity to act where we must make a by confirming a remarkably talented difference?’’ values abroad, the Clinton administra- person who happens to also be a woman Mrs. Albright, who served in Clinton’s first tion has acted on an ad hoc basis ac- as the next Secretary of State. I am term as ambassador to the United Nations, cording to the exigencies of the mo- pleased to cast my vote along with oth- replied that such choices are policymakers’ ment, confusing our allies and ers for Madeleine Albright. I know she most difficult task. But that is precisely the emboldening rogue nations. China was mountain she must move if the Clinton for- will undertake her new job with great emboldened to conduct missile tests off eign policy is to gain coherence. As Ameri- thoughtfulness and creativity and with cans struggle to find the line between isola- a zest that will make us proud. the coast of Taiwan; North Korea was emboldened to further the development tionism and global gendarme, Mrs. Albright I reserve the remainder of time for still hasn’t clarified where she stands. our side of the aisle. of their nuclear weapons capabilities; Her confirmation hearing was a lovefest, in The PRESIDING OFFICER. Who Saddam Hussein was emboldened to part because she charmed conservatives by yields time? strengthen his position in northern bashing Cuba and former United Nations Mr. ASHCROFT addressed the Chair. Iraq. chief Boutros Boutros-Ghali, in part because The PRESIDING OFFICER. The Sen- Mr. President, in her confirmation she will be the first woman to hold such high ator from Missouri is recognized. hearing Madeleine Albright said, office. But she didn’t resolve the contradic- Mr. ASHCROFT. Thank you very quoting the President of the United tions in her political and diplomatic track much. I thank the Senator from North States, ‘‘Where our interests are clear, record of interventionism. our values are at stake, and where we As a child of refugees from Hitler and So- Carolina for this opportunity to speak. viet communism, Mrs. Albright says her I am delighted to have an oppor- can make a difference, we must act and thinking was molded by Munich rather than tunity to participate in the discussion we must lead.’’ This formula for de- Vietnam (that is, she sees U.S. intervention of the confirmation of the President’s ploying American forces is one which is as good, not evil). But it has often seemed choice for Secretary of State, Mad- so broad and so vague that it sends sig- her litmus test for U.S. intervention was eleine Albright. nals which might confuse other players more a hope of doing good, than a pursuit of Generally, Mr. President, I respect in the international arena. vital U.S. interests. the Executive’s prerogative to choose ‘‘Where our interests are clear’’—I On taking her U.N. post, Mrs. Albright Cabinet officers whom the President suppose we could have an interest any- called for ‘‘assertive multilateralism,’’ believes will faithfully and diligently where—and ‘‘where our values are at meaning America should lead, but work through international organizations like the execute the Administration’s policies. stake’’—I am sure the values we hold United Nations. But she dropped that idea However, in our federal system, the dear are at stake in every situation after the U.N. and American peacekeeping Senate plays an important role in the around the world—and ‘‘where we can debacle in Somalia (for which she bears confirmation process through the con- make a difference.’’ Well, the truth of much responsibility). stitutionally granted power to ‘‘advise the matter is, no one would think that Now Mrs. Albright talks about a pragmatic and consent.’’ It is this duty—the duty we would send our troops where we ‘‘doability doctrine.’’ She said America isn’t to advise and to grant consent—which could not make a difference. the world’s policeman. But she never an- brings me before you today, for I have I remain concerned that if we deploy swered Sen. Ashcroft’s question. troops in too many instances just be- The lack of clues to an Albright doctrine grave concerns regarding the conduct wouldn’t be so worrisome had she dem- of U.S. foreign policy under the Clinton cause there are interests and there are onstrated a firmer grip of strategy over the administration. values at stake and we can make a dif- past four years. Instead, she became known As a member of the Foreign Rela- ference, there may come a time when more as the queen of the TV sound bite, tions Committee, I had the privilege our troops will be so occupied that coining punchy foreign policy phrases to

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This Nation is still ing her confirmation hearing Ambas- of fissile materials and missile delivery saddled with an unwieldy cold war for- sador Albright stated that ‘‘we are not systems to rogue nations we must be eign policy bureaucracy in which many the world’s policeman, nor, . . . are we constantly vigilant to security threats. of the functions of AID, ACDA, and running a charity or a fire depart- We must ensure that adherence to Rus- USIA could be better handled by the ment.’’ However, she failed to recog- sia’s narrow and one-sided interpreta- State Department. I was hoping that nize that the combination of her so- tion of the ABM Treaty does not jeop- Ambassador Albright would come for- called ‘‘assertive multilateralism’’ and ardize the safety of the American peo- ward in support of this effort, as did a ‘‘do-ability doctrine’’—whereby the ple. Russia should not have veto power Secretary of State Christopher—how- United States acts ‘‘in the places where over developing a defensive system to ever fleetingly. The American people our addition of action will, in fact, be protect the American people from mis- not only want our Government to re- the critical difference’’—places the sile attack. Ambassador Albright sup- flect their wishes abroad, but they United States, as a practical matter in ports the administration’s goal to de- want it to do so coherently, concisely, the position of being the world’s police- velop a theater missile defense system and clearly. If we have a single voice in man, of running a charity or a fire de- that will protect our allies and our foreign policy representing the admin- partment. troops abroad—but not to develop a istration, be it Republican or Demo- For the past 4 years, the pursuit of system to protect our own territory crat, that single voice is most likely to the United States’ national interests and citizens at home in the near term. get the job done, rather than the ca- has been obscured by an overriding re- I find this position to be untenable. cophony of voices from competing liance on multilateral action. The ad- Mr. President, we must not only pro- fiefdoms which undercut the authority ministration’s embrace of ‘assertive tect the physical security of the United of the Secretary of State. multilateralism’ has resulted in both States and the American people. We For example, currently there is a the abdication of our responsibilities must also safeguard our sovereignty— ‘‘good-cop, bad-cop’’ approach to for- and the misguided projection of our our State and local laws and customs eign policy, whereby the entities who power. For example, instead of apply- from international review. I am trou- hand out U.S. foreign aid maintain ing the Reagan Doctrine to Bosnia by bled by Ambassador Albright’s asser- good relations with client nations, equipping and training the Bosnian tion that ‘‘there is no such thing any- while the Department of State essen- forces in spite of our allies’ objections, more as just a purely domestic issue or tially holds the line in protecting U.S. the Clinton administration subcon- a purely foreign issue.’’ She says there interests. We should not be handing tracted our role of arming the Bosnians are only ‘‘intermestic’’ issues, meaning out foreign aid to a country at a time to a terrorist regime in Iran, allowing international and domestic issues com- when that very country is clearly act- fundamentalists to gain a foothold in bined. I think there are some issues of ing against our interests. When we dis- the heart of Europe and thus unneces- sovereignty that need to be reserved di- tribute foreign aid, it should be with an sarily endangering the lives of U.S. rectly and appropriately, not only to understanding that the United States troops. In contrast, the administra- the purview of our country, but to its agency or department asking for co- tion’s attempt at nation building in citizens—to individuals and to fami- ordination and cooperation from a Somalia sacrificed the lives of 19 brave lies. I am concerned about her support country in one arena is the same agen- Rangers without regard to whether of international treaties which could cy or department that will be deliv- such action advanced our vital na- infringe upon the parental and reli- ering assistance to that country. tional interests. When this administra- gious rights Americans now enjoy. We must prioritize our expenditures. tion acts according to the exigencies of I am concerned that we closely mon- There are those in this country, like the moment instead of according to an itor the extent to which the United Ambassador Albright, who think that underlying philosophy, the country States from time to time by treaty there cannot be any cuts at all in the lurches from paralysis to mission creep cedes the sovereignty of the American foreign relations area. The Clinton ad- without regard to the national inter- people to international organizations. ministration has actually asked for est. Madeleine Albright, the Secretary of over $1 billion more in funding over Recently, there has been discussion State-designate, for instance, signed last year’s level. Lobbyists for more of the possibility of reworking our en- the United Nations Convention on the foreign aid kept trawling the Halls of tire military force structure—which is Rights of the Child. Britain, which has Congress last year with their buttons presently based on the capacity to ratified the treaty, is now being called saying ‘‘Just 1 percent.’’ I just want to fight two simultaneous major regional on the carpet because they allow mod- point out that the ‘‘Just 1 percent’’ is conflicts—in order to enable us to com- erate corporal punishment of children actually about $18 billion. Ambassador mit U.S. troops to an ever-growing by parents. I simply do not think we Albright is convinced that we have number of multilateral peacekeeping need to look to the United Nations or made ‘‘the most out of that (foreign missions. I am concerned that we may international organizations to tell us aid) money.’’ I am not so sanguine. We sacrifice our vital national security in- whether moderate spanking of children have poured hundreds of millions of terests in order to be able to partici- is allowed in the United States. Inas- dollars into countries over the years pate in peripheral endeavors. We much as she was an individual who with little effect, because we have not should not be shortsighted. We should signed the treaty on behalf of the tied that aid to internal changes in not lose sight of what we must do in United States, I think it behooves us, many countries which would make order to accomplish what we can do. given her commitment to the so-called that aid meaningful and eventually un- Our military should be used to protect ‘‘intermestic’’ nature of all issues, that necessary. our national security interests, not we ask her to be especially careful I am not in favor of abolishing for- provide peacekeeping in areas without about the sovereignty of the United eign assistance, but I am in favor of strategic significance. States and the prerogatives of individ- sending a signal around the globe that We need to continue to very closely uals in specific States. Ambassador when American citizens are tightening monitor the foreign policy of the Clin- Albright stated that ‘‘the promotion their belts, and exercising fiscal re- ton administration in terms of the na- and protection of international human sponsibility, there will be some ripple tional security interests of the United rights may require that domestic state effects in terms of our aid. We need to States. We must be vigilant about the and local policies in certain areas be send a clear signal that the shared sac- deployment of U.S. troops around the open to international scrutiny. We rifice here at home should be matched world, including deployments that have no reason to fear it.’’ I would sug- by a certain degree of sacrifice around -

VerDate Mar 15 2010 22:20 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\1997SENATE\S22JA7.REC S22JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 22, 1997 CONGRESSIONAL RECORD — SENATE S605 the world. There is a direct correlation betweenThe ourPRESIDING international OFFICER. prestige The and mi- the fiscalissue healthas well. of So this I willcountry. just coverIf we dosome not have the the world. There is a direct correlation nority has 12 minutes 21 seconds. brief points here, if I can. I certainly between our international prestige and Mr. DODD. I will make it briefer would not want to allow the time to the fiscal health of this country. If we than that then. pass without making some personal ob- do not have the ability to put our fi- Mr. BIDEN. If the Senator needs 10, servations about Madeleine Albright. nancial house in order, we will not be go ahead. Obviously, Ambassador Albright’s respected by countries around the Mr. DODD. Mr. President, let me nomination is historic for a number of world. If we continue to race down the thank Senator BIDEN and also my col- reasons, and those reasons have been road to bankruptcy, our influence will league from North Carolina for his un- outlined by the chairman of the com- not be substantial. It is my sense that derstanding. I also thank him and Sen- mittee, the Senator from North Caro- our stock will rise on the exchange of ator LOTT for the expeditious manner lina, as well as others, over the last the world’s international community, in which this nomination has been several hours. She will be the first when we demonstrate our intent to ad- treated. Finally, I thank my colleagues woman to hold the position of Sec- dress seriously our responsibilities. on the committee as well, who engaged retary of State. Without a doubt, Mad- However, the United States is not in a long day of testimony by Mad- eleine is eminently qualified to dis- alone in the need to downsize its bu- eleine Albright, under an arrangement charge the duties of this office. She has reaucracy and eliminate waste. The that allowed us to move this nomina- the expertise, academic background, United Nations must do the same. To tion out of our committee on the day and leadership qualities that will make her credit, Ambassador Albright has of the inauguration. Now, it will allow her an excellent Secretary of State. I been an outspoken critic of waste, us to vote here today in the full Sen- may also point out, Mr. President, that fraud, and abuse in the United Nations. ate. Madeleine Albright speaks, I believe, She was instrumental in initiating an Mr. President, I believe that today’s four or five languages fluently—which oversight process. However, I am dis- bipartisan cooperation on this nomina- will be a first, I think, for anyone to turbed that she supports the payment tion will help to forge the kind of ever hold this position—including her of arrears by the United States. The working relationship between Repub- native language of Czech, as well as Congress withheld those funds in order licans and Democrats in the Senate Russian, Polish, French, and obviously to exert leverage for reform. Those that should make it easier to get the English. This will provide an invalu- funds should not be released until there American people’s business taken care able tool for the United States, to have is tangible evidence that those reforms of here in Washington. I commend the a Secretary of State with such a pro- have been enacted as required by Con- leaders of both sides of the aisle for ficient ability to communicate with gress. their efforts in that regard. leaders throughout the world. I am casting my vote for Ambassador To be honest, Mr. President, reaching I have known Ambassador Albright Albright with grave reservations. For I consensus on this nomination was not for many years. Our families have been want to make clear that my vote for difficult at all. That’s because the close. My brother, Tom, was a col- Ambassador Albright to ascend to the nominee we are considering today is so league of Madeleine’s at Georgetown position of Secretary of State is not an highly respected by everyone in the University for many years, where they endorsement of the Clinton adminis- U.S. Congress—by Democrats and Re- both taught. tration’s foreign policy. As I noted, I publicans, liberals, moderates, and con- Madeleine is also no stranger to the take my ‘‘advise and consent’’ respon- servatives. Congress and she keenly understands sibilities very seriously. I also take my During her nomination hearing on the need to return to a bipartisan con- oversight responsibilities very seri- January 8, Ambassador Albright dem- sensus on American foreign policy. In ously. I pray that over time, my con- onstrated a profound understanding of fact, Mr. President, if I were asked cerns that we are in store for 4 more the foreign policy issues confronting what is the single-most important for- years of an ad hoc foreign policy will the United States as we prepare to eign policy issue facing this country prove to be unfounded. Ambassador enter the 21st century. In her opening today, I would say getting the Congress Albright is an honorable, committed, statement on that day, she laid out and the legislative branch to work to- and distinguished public official. She is very effectively, in my view, and suc- gether. I think that is No. 1. Every eminently well qualified to be our 63d cinctly why all Americans should care other issue you can mention is obvi- Secretary of State. It is a privilege to about foreign policy. I would like to ously important, but unless we figure be able to cast the historic vote for the quote her: out a way to return to a time when first woman to be nominated for this Do not doubt,— there was comity in the foreign policy office. As a member of the Foreign Re- Speaking of foreign policy interests. agenda, it is going to be very difficult lations Committee, I look forward to Those interests are not geopolitical abstrac- to deal with any foreign policy issue. working with her in the future to pro- tions, they are real. I happen to think Ambassador tect America’s interests abroad. It matters to our children whether they Albright is eminently qualified because Mr. HELMS. Mr. President, I have a grow up in a world where the dangers posed she knows all of this so well. We have by weapons of mass destruction have been housekeeping matter and ask unani- dealt with her, we know of her and her minimized or allowed to run out of control. competence, and we have confidence in mous consent that the time not be It matters to our families whether illegal charged to either side. her. That is a very important step in drugs continue to pour into our neighbor- allowing us to work together on behalf The PRESIDING OFFICER. Without hoods from overseas. objection, it is so ordered. It matters to Americans who travel abroad of shared goals. I’ve heard my chair- Mr. HELMS. Mr. President, I ask for or go about their daily business at home man speak about this subject matter the yeas and nays on the nomination. whether the scourge of international ter- and I have a great deal of confidence The PRESIDING OFFICER. Is there a rorism is reduced. that we are going to have great success It matters to our workers and business under his leadership and the leadership sufficient second? people whether they will be unfairly forced There is a sufficient second. of Ambassador Albright in that regard. to compete against companies that violate Madeleine has also worked closely The yeas and nays were ordered. fair labor standards, despoil the environment Mr. HELMS. Second, Mr. President, or gain contracts not through competition with both Chambers over the past 4 following his remarks on the nomina- but corruption. years as the U.S. Permanent Rep- tion, Senator DODD has requested a And it matters to us all whether through resentative to the United Nations. She couple of minutes in morning business. inattention or indifference, we allow small has been a voice of wisdom and reason I ask unanimous consent that that be wars to grow into large ones that put our at the United Nations during the granted and not charged to either side. safety and freedom at risk. course of the many debates that have The PRESIDING OFFICER. Without Mr. President, I believe that summa- occurred there—on Bosnia, on Iraq, on objection, it is so ordered. rizes very well why what happens out- Haiti, on Cuba, and on the need for in- Mr. DODD. Mr. President, I ask for 10 side of our borders is important to each stitutional reform within that inter- minutes. and every American. national body. Mr. BIDEN. How much time does the I know that time is limited and many Why has Madeleine been so effective minority control? of my colleagues wish to speak on this at representing U.S. interests? Perhaps

VerDate Mar 15 2010 22:20 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\1997SENATE\S22JA7.REC S22JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S606 CONGRESSIONAL RECORD — SENATE January 22, 1997 because her own life story, which may history, to be America’s voice abroad. I countries have not met. Senator Brown not be well known to many people, is am confident that she will be a superb and I wrote to the President urging the epitome of what makes this coun- Secretary of State and I urge all to that he invite them to the Oval Office. try great. join me in supporting her nomination. I mention that only as an illustra- Becoming the U.S. Ambassador to I thank our colleague from Delaware tion of what I am hopeful Secretary of the United Nations was something of a and our chairman for moving this State Albright will activate on U.S. homecoming for Ambassador Albright. along. This is the way we ought to be policy. She had, after all, been at the United able to do business around here. I com- I think it is important for the United Nations once before. Madeleine first mend him and thank the majority lead- States to remain active internation- came to the United States in 1948, at er, as well. ally. She has an extraordinary back- the age of 11, when her father was ap- Mr. SPECTER. Mr. President, I have ground having been born in Czecho- pointed as the Czech Ambassador to sought recognition today principally to slovakia and having come to this coun- the United Nations. lend my support to the nomination of try at the age of 11, and is also known Little did her family realize at that the Honorable Madeleine Albright to be to be fluent in four languages. time that their stay in the United Secretary of State. So I am pleased to lend my support States would be more than the usual It is a historic and fitting occasion to her nomination today. ambassadorial rotation. Soon after that this will be the first vote in the Ms. MIKULSKI addressed the Chair. their arrival, the free Czechoslovakia U.S. Senate in the 105th Congress. I The PRESIDING OFFICER. The Sen- they had left behind was under the grip have come to know Ambassador ator from Maryland. of totalitarian rule. It had fallen to the Albright in her work at the United Na- Ms. MIKULSKI. I thank the Chair. dictatorship of communism. tions, and have a very high regard for Today, indeed, is a historic day. We I happen to know about that so well, her competency. And I am pleased that gather on the Senate floor to be pre- because during that very brief time the President has made this historic sented both to ourselves and the Amer- when Czechoslovakia was a free gov- appointment because she is the first ican people the nomination of Dr. Mad- ernment, my father was fortunate to woman who will have this very impor- eleine Albright to be Secretary of receive the Order of the White Lion, tant position. State—Madeleine Albright, the very which was the highest honor that She has an extraordinary record in first woman to be nominated Secretary Czechoslovakia could give to a non- academia: president of the Center for of State; Madeleine Albright, the very Czech, at the end of World War II. We National Policy; a professor of inter- first refugee to be nominated Secretary still prize it as one of my father’s most national affairs at Georgetown Univer- of State. memorable moments in his life. So sity; a senior fellow in Soviet and East- What a wonderful, historic oppor- from that relationship, my family got ern European affairs at the Center for tunity we have to confirm her nomina- to know Madeleine’s family. Strategic and International Studies; tion and to make history as well as to It is perhaps because of these unique served on the National Security Coun- help carry out President Bill Clinton’s personal experiences that Ambassador cil staff; has excellent academic cre- foreign policy, to make the world a Albright has been such an effective dentials from Wellesley; also a masters better and safer place. U.S. spokesperson at the United Na- and doctorate from Columbia Univer- I know Dr. Albright well. We have tions. Whatever the topic, Madeleine is sity; and, perhaps most importantly is been friends and colleagues for many able to speak out passionately—from a graduate of the Senate family, hav- years, and I am so enthusiastic about the heart—about the importance of de- ing served as chief legislative assistant her nomination because of her skills, mocracy and respect for human rights to Senator Edmund Muskie. her experience, her character, her val- across the globe. I had occasion to work with Ambas- ues. She is a woman of honor, integrity Even before going to the United Na- sador Albright on a number of matters. and extraordinary patriotism. tions, Ambassador Albright already One of the most important was work- As President Clinton was making his had a distinguished career of public ing with her on the War Crimes Tri- decision, I called him. I called him to service and academic achievement. She bunal, where the United States has urge that he consider Dr. Albright. I is a graduate of Wellesley College and played an active role in bringing to jus- said there are three important reasons Columbia University. She was a fellow tice the international criminals from why I felt Madeleine Albright is the at both the Woodrow Wilson Center Bosnia and Rwanda. She accompanied best person to serve as Secretary of and the Center for Strategic and Inter- me in a meeting which I had several State in this new millennium. First, national Studies. As I mentioned ear- years ago with then Secretary General she is a woman of great competence in lier, she was a professor of inter- of the United Nations, Boutros the area of foreign policy and dem- national relations at Georgetown Uni- Boutros-Ghali, and there has been real- onstrated skills in that area as our versity and president of the Center for ly good cooperation from the U.S. Gov- Ambassador to the United Nations. National Policy. ernment on that important matter. I Second, her remarkable personal his- Her public service is equally distin- have had an occasion to visit the War tory is the story of America. guished—as a staff member to the late Crimes Tribunal on two occasions; to And third, she has a great and un- Senator Edmund Muskie, then as a visit with our staff there, and also the usual ability to communicate our for- member of the National Security Coun- judges. She has played a very impor- eign policy to the American people and cil in the Carter administration and tant role in promoting the War Crimes to the world. most recently Ambassador to the Tribunal. First, she would bring great com- United Nations. Mr. President, I be- It is my hope that Secretary of State petency and experience to the post. lieve the same qualities that made her Albright will pursue an activist foreign Foreign policy is her life’s work and so effective in these positions will policy and will lend the prestige and her life’s passion. In addition to her make her particularly effective as the the power of the United States to solve dazzling intellectual ability and schol- next Secretary of State. complex international problems, one arship, Ambassador Albright has diplo- Heads of state and foreign ministries which I refer to—and only one for the matic skills and the understanding of around the globe already know that brevity of time—which involves the ef- what this new world order is all about. our next Secretary of State is highly forts to bring conciliation between the She has a proven record. As our Am- respected in the United States and Governments of India and Pakistan. bassador to the United Nations, she internationally and that she can go toe About a year and a half ago Senator showed brains and backbone asserting to toe with the most seasoned dip- Brown and I were traveling in India U.S. policy. We do not need to question lomats and foreign leaders. But, they and met with Prime Minister Gowda, whether she can deal with China, dif- should also know that she has the full who commented about his interest in ferent cultures or with dictators. She confidence of both the President and having the subcontinent nuclear free. has already done it. She is respected by the U.S. Congress. We then discussed the matter with our allies and by our foes. She has Mr. President, Madeleine Albright is Prime Minister Benazir Bhutto in proven that she is firm, fair, and tena- uniquely qualified, at this moment in Pakistan. The ministers of those two cious.

VerDate Mar 15 2010 22:20 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\1997SENATE\S22JA7.REC S22JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 22, 1997 CONGRESSIONAL RECORD — SENATE S607 For the past 4 years, she has defended China. And after paying billions of dol- distinguished nominee on this mile- our values and interests at the United lars to win the cold war, many Ameri- stone. Nations, and she has done more to cans wonder why we must continue Ambassador Albright came to the bring fiscal responsibility to the that burden of leadership. United States at the age of 11, having United Nations. She stood up to dic- We cannot solve every problem in the experienced herself the realities of this tators and stood by our friends. world and we should not try. But we hundred years’ war. Most recently she As Secretary of State, Ambassador must act where we can make a dif- comes to us from Turtle Bay, NY, Albright will do something else. She ference, where American values and in- where she has served as our Permanent will bring a story of America to people terests are at stake. With Dr. Mad- Representative to the United Nations. from the old world order as well as the eleine Albright as Secretary of State, As the only Ambassador-Senator, and new and emerging one. I discussed with we will continue to have a foreign pol- having served in the same post at the President Clinton her personal story, icy that reflects our values, that serves United Nations, I feel it incumbent that she is the daughter of the last our interests, in consultation with upon me to inform my colleagues that Ambassador from a free Czecho- Congress, and with mobilized American for her to have endured 4 years of slovakia until the end of the cold war. support. mind-numbing addresses at the United While her father was in this country, Mr. President, let me conclude by Nations is no small feat. Czechoslovakia fell to a dictatorship. saying this. There is an added bonus to As Ambassador, she has earned the He defected so that he could serve Dr. Madeleine Albright’s nomination. respect of many. Not the least of which Czechoslovakia by being a good Amer- The Senate is about to confirm this are the editors of the New Republic who ican and by being a spokesman in this highest ranking woman in American wrote in a December 30, 1996, editorial: area. She comes from a history and history. As the first woman elected by The good news about Albright, in sum, is tradition where patriots are willing to my own party to serve in her own that she is a creature of the twentieth cen- make sacrifices. She knows what it right, and as the senior woman in the tury. For this reason, she understands how means to lose a home to dictatorship Senate, I must say this is truly a his- appallingly similar to this century the next and therefore she reaches out to others toric occasion. This is a moment for all century is likely to be. A person whose pri- who experience the same pain. She will of us to take pride in, in the oppor- mal scene was Nazism and then Stalinism is understand those who labor tirelessly tunity and fairness of our country. not likely to get drunk on talk of a new mil- lennium. She is likely to know, rather, that in exile to reclaim their freedom, and Mr. President, the American people evil is never permanently retired, and cer- will support them. will not have to worry about Madeleine tainly not by technological change. Albright And, as new immigrants, Madeleine Albright’s service. When she was nomi- recognized early that the most pressing Albright and her family used America’s nated, she said this to her daughters, order of business for Clinton’s foreign policy great opportunity structure so they ‘‘When you were little girls I often used in its first term was not protectionism, it could rebuild their lives, based on op- to worry where you were and what you was genocide. And a person whose primal portunity, merit, and hard work. are doing. Now you will wonder where scene was not Vietnam will know that there Where else in the world could a refugee your mother is and what she is doing.’’ is only one way to stop genocide, and this is the harsh, airborne way. rise to become the highest ranking But, you know, the American people woman in our history? will not have to worry. Whether it is in As I said at the beginning of my re- She has also been involved in the so- Cyprus, Singapore, China, she will be marks, we find ourselves at the end of cial movements of our time, whether defending American values and inter- a century of conflict. We began the the civil rights movement or the wom- ests. She will be one of the best Secre- century trying to stay out of the af- en’s movement, or those social move- taries of State we have ever had. fairs of Europe. That lasted only ments that help create a democracy. Mr. President, that concludes my re- through Wilson’s first term. Now we The world is not just transformed by marks. I would like to extend my ap- end the century having played a piv- treaty and law, but cultural and social preciation to the chairman of the For- otal role in the events which shaped it. transformations often occur through eign Relations Committee for the way This is an occasion on which we recall democratic social movements, institu- he conducted the hearing and the nom- the great hopes that Franklin D. Roo- tionalized in a positive way. And ination process, with the fairness and sevelt had for the United Nations. We Albright will do that. civility and the expeditious way he can now use the fruit of our century- As a child whose family fled from Eu- does it. long labors, most importantly the rope as the Iron Curtain was raised and I, and I know Dr. Albright and her United Nations Charter, to realize the slammed down on the people of Central entire family who support her, appre- hopes of Roosevelt, Truman, Marshall, Europe, she stood up. She knows what ciate the courtesy and expeditious na- and Acheson. this is all about. As a member of an im- ture in which the distinguished Sen- Nowhere is the importance of the migrant family making a start in a ator from North Carolina has dealt Charter more pronounced than in Bos- new country, she will work to ensure with this. nia. I have spoken in this chamber that our foreign aid is used to foster I yield the floor. many times on the subject of Bosnia opportunity around the world. Mr. HELMS. I thank the Senator. and Herzegovina. Had we invoked the Mr. President, the third reason Am- Mr. MOYNIHAN. Mr. President, I am charter early in the conflict and its bassador Albright will be an extraor- pleased to rise in support of the nomi- provision for demonstrations under ar- dinary Secretary of State is she has an nation of Madeleine K. Albright to be ticle 42, by ‘‘air, sea, or land forces, [to] unusual talent for communication. She Secretary of State. We stand at the end restore international peace and secu- has already demonstrated her capacity of a century of European conflict: two rity,’’ much of the genocide that fol- to articulate the President’s policy and world wars followed by a cold war. In lowed could have been prevented. We agenda, not only to the world, but also the wake of this hundred years’ war it had the tools, but waited too long to to the American people. She will en- is hugely important that the President use them. able people to understand our Amer- has nominated a woman, born in Eu- The Bosnian conflict is far from over. ican policies. This is essential to mobi- rope amidst this turmoil, to be his Sec- Though the Dayton agreement and lize support for these policies, both at retary of State to lead us into the next NATO forces have achieved relative home and abroad. Even if our policies century. stability over the past 13 months, there are not supported, they should be un- The first point I would like to make, are still many important issues to be derstood and respected. No one does a a point that deserves to be stressed by resolved. better job of explaining American for- every Senator, is that when Ambas- None is more important, or pressing, eign policy to the American people sador Albright is confirmed, she will then the work of the International than Madeleine Albright. Most people become the 64th Secretary of State, Criminal Tribunal. Today 75 persons are understandably concerned about and the first woman ever to hold that have been indicted for war crimes. It is their jobs, their children, their secu- office. No woman has ever held a high- appalling to report that 68 of them re- rity. It is a lot to ask them to focus on er office in the executive branch. I con- main at large. Not because they cannot Bosnia, Haiti, Chechnya, human rights, gratulate both the President and his be found, but because pressure has not

VerDate Mar 15 2010 22:20 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\1997SENATE\S22JA7.REC S22JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S608 CONGRESSIONAL RECORD — SENATE January 22, 1997 been brought to bear on countries to between Greece and Turkey over Cy- provide the strong leadership necessary deliver indicted war criminals to The prus, finding a lasting political solu- make the post-cold-war era one of op- Hague. tion to the problems of the Korean Pe- portunity, cooperation, and American This is an issue that cannot afford ninsula, and securing the peace in Bos- leadership. It is my honor to support delay. I would ask the Secretary-des- nia and Herzegovina and bringing the Madeleine Albright for the position of ignate to seek to address this impor- young men and women of the United U.S. Secretary of State. tant problem at the earliest possible States armed services home safely. Mr. BOND. Mr. President, I rise to date. She has made such a pledge dur- With all of the changes of the last voice my strong reservations about the ing her testimony before the Foreign decade, one might view the world as administration’s foreign policies as we Relations Committee and I look for- unstable. In fact, facing such a list of debate the confirmation of Ambassador ward to working with her to achieve daunting tasks, one might consider Madeleine Albright as Secretary of these goals. these challenges insurmountable. I State. I say this with the deepest respect for view them as an opportunity. Following President Clinton’s direc- Ambassador Albright, who, having With strong leadership, and clearly tion, Ambassador Albright signed the spent 4 years at the United Nations, is defined and consistent international United Nations Rights of the Child keenly aware of the importance of policies, the post-cold-war era could be Convention, a document which I be- these issues. I wish her well on her his- one of even greater American pros- lieve is seriously flawed. As a nation, toric appointment. perity. I believe Madeleine Albright, as we hold our children dear. We have es- Mr. DOMENICI. Mr. President, I be- Secretary of State, will provide such tablished laws on a national level and lieve that most Americans realize the leadership. local levels to adequately protect our world in which we live has changed Madeleine Albright spent 2 years children and the rights of our families. dramatically over the last decade. The working here, in the U.S. Senate, when The idea that a foreign state or an world which had been divided into two she served as chief legislative assistant international federation knows better hostile yet stable camps since the end to Senator Muskie from 1976 to 1978. than we how to raise our children is ab- of World War II entered a new era when Her intelligence and competence were horrent to our very essence. the Soviet Union ceased to exist. When recognized when, in 1978, she moved to We have engaged in diplomatic and the Berlin Wall fell the divide between the National Security Council and the physical conflict with other nations the East and West did as well, and we White House to handle foreign policy throughout our entire history over just entered a new era. legislation. Many foreign policy profes- such an issue. The root of all auto- Today, democracy is spreading sionals might consider being on the Na- cratic regimes has been that the state around the globe and our international tional Security Council the pinnacle of knows best. We cannot, we must not priorities which once focused on stra- a career, but Madeleine Albright was let that idea insinuate itself into how tegic arms reduction treaties can now just getting started. In 1981 she was we conduct ourselves as a nation. I am focus on other issues such as improving awarded a fellowship at the Woodrow concerned that Ambassador Albright relations with democratic countries in Wilson International Center for Schol- through her vote in the United Na- South America, Asia, and Eastern Eu- ars at the Smithsonian. She became a tions, may have done just that. rope that have burgeoning market professor of international affairs, and Her support of policies which have economies. the director of the women in foreign come dangerously close to relin- These tremendous changes, however, service program at the School of For- quishing command of our own troops to come hand in hand with new chal- eign Service at Georgetown. She served United Nations commanders who may lenges. Fighting international ter- as president of the Center for National or may not share the democratic ethic rorism and crime is important to law Policy. In 1993, she was appointed U.S. of our command authority concerned abiding citizens everywhere. Fighting Representative to the United Nations, me in the past and concerns me today. international drug traffickers is of par- and made a member of President Clin- The rules under which our troops ticular importance to the citizens of ton’s Cabinet. conduct themselves while assigned to New Mexico since approximately 70 Madeleine Albright is living proof of duties with the United Nations places percent of all illegal drugs entering the the American dream. Having fled them under extraordinary pressure. United States comes across our south- Czechoslovakia and both the Nazis and Our soldiers are required to make judg- ern border with Mexico. Communists, Madeleine Albright came ments as to appropriateness of orders Helping Russia emerge as a stable de- to the United States, studied hard, received by U.N. authorities not only mocracy with a growing economy is, worked hard, and has now been nomi- as to their legality but as to whether also, very important. A strong, demo- nated for the office of United States the commands are in concert with cratic Russia would be a stabilizing in- Secretary of State. Madeleine United States policy. We should never fluence in Asia and could help prevent Albright, once a persecuted immigrant, place them in such a position, ever. the proliferation of weapons of mass is now the first women in United Currently, if the policy of the United destruction. In fact, the Los Alamos States history to be nominated to the States comes into conflict with U.N. National Laboratory in New Mexico is highest office in the State Department. orders, it becomes incumbent upon the already working with Russia to safe- Not since Margaret Thatcher governed individual soldier to recognize the con- guard its nuclear weapons and ensure Britain has a woman occupied a posi- flict and make the proper choice as to that nuclear materials do not fall into tion on such a scale of international in- whether to follow the order or not. Re- the wrong hands. fluence. As Secretary of State, Mad- cently though, to complicate that sol- Another important challenge is help- eleine Albright will negotiate with the dier’s responsibility further, U.S. pol- ing China emerge as a peaceful, respon- world’s most powerful leaders. icy shifts have occurred during ongoing sible world power. A friendly China Mr. President, Madeleine Albright operations; peacekeeping mutating to with its strong economic growth, huge has done a superb job as Ambassador to nation building, embargo enforcement population, and vast resources would the United Nations. She has worked to un-enforced. Ambassador Albright be both a valuable partner in trade and make the United Nations more effi- must not let this happen on her watch. a valuable ally in Asia. An aggressive cient and more responsive to U.S. in- As Secretary of State, Ambassador China, however, could become a desta- terests. She prevailed in urging the Albright will be responsible for direct- bilizing influence in a region that is NATO bombing in Bosnia, which she ing and implementing our foreign pol- vital to our national interests. argues eventually led to the Dayton icy. I hope that if our stated policy for The United States faces a number of Peace Accord last year. She condemned instance, is to impose an arms embargo other important international chal- Cuba when it shot down two unarmed on a war torn region that she would lenges. Among them are: arriving at an civilian airplanes over international neither tacitly approve nor be a part of agreeable method to allow Eastern Eu- air space. She has fought for the free- a plan to approve the introduction of ropean and central Asian countries to dom and the rights of people around inflammatory religious extremists and join the North Atlantic Treaty Organi- the world. For these reasons and oth- the weapons they chose to introduce zation [NATO], resolving the dispute ers, I believe Madeleine Albright will into the region while hiding that fact

VerDate Mar 15 2010 22:20 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\1997SENATE\S22JA7.REC S22JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 22, 1997 CONGRESSIONAL RECORD — SENATE S609 from this body, the rest of the Congress SECRETARIES OF STATE 1789–1977—Continued national Studies. Prior to her appoint- or the American people. ment to the U.N. post, Ambassador As Secretary of State she must real- Name When appointed President Albright was president of the Center ize that the sovereignty of the United Do ...... Mar. 4, 1837 ..... Martin Van Buren. for National Policy, a nonprofit re- 14. Daniel Webster ...... Mar. 5, 1841 ..... William H. Harrison. States can never be made secondary to Do ...... Apr. 6, 1841 ...... John Tyler. search institution. any country, entity or organization. 15. Abel P. Upshur ...... July 24, 1843 ..... Do. By any measure, the job of U.S. Am- Mr. KENNEDY. Mr. President, it is a 16. John C. Calhoun ...... Mar. 6, 1844 ..... Do. 17. James Buchanan ...... Mar. 6, 1845 ..... James K. Polk. bassador to the United Nations is a special honor for all of us who know 18. John M. Clayton ...... Mar. 7, 1849 ..... Zachary Taylor. most demanding one and Ambassador 19. Daniel Webster ...... July 22, 1850 ..... Millard Fillmore. and respect Madeleine Albright to vote 20. Edward Everett ...... Nov. 6, 1852 ...... Do. Albright handled it with great skill, for her confirmation as Secretary of 21. William L. Marcy ...... Mar. 7, 1853 ..... Franklin Pierce. earning praise from across the political 22. Lewis Cass ...... Mar. 6, 1857 ..... James Buchanan. State. This is an historic moment for 23. Jeremiah S. Black ...... Dec. 17, 1860 .... Do. spectrum. During Ambassador the country, and I know that she will 24. William H. Seward ...... Mar. 5, 1861 ..... Abraham Lincoln. Albright’s tenure at the United Na- Do ...... Mar. 4, 1865 ..... Do. serve with great distinction as the first Do ...... Apr. 15, 1865 .... Andrew Johnson. tions, I had the pleasure of working woman in our history to hold that high 25. Elihu B. Washburne ... Mar. 5, 1869 ..... Ulysses S. Grant. with her to promote the establishment 26. Hamilton Fish ...... Mar. 11, 1869 ... Do. office. Do ...... Mar. 17, 1873 ... Do. of an inspector general within the U.N. Over the years, Madeleine Albright 27. William M. Evarts ...... Mar. 12, 1877 ... Rutherford B. Hayes. system. Ambassador Albright worked 28. James G. Blaine ...... Mar. 5, 1881 ..... James A. Garfield. has always been an excellent source of 29. Frederick T. Freling- Dec. 12, 1881 .... Chester A. Arthur. long and hard—and eventually success- wise advice to many of us in Congress huysen. fully—to build a consensus among the 30. Thomas F. Bayard ...... Mar. 6, 1885 ..... Grover Cleveland. on matters of foreign policy. I have al- 31. James G. Blaine ...... Mar. 5, 1889 ..... Benjamin Harrison. member states for this U.S. initiative. ways valued her counsel and respected 32. John W. Foster ...... June 29, 1892 ... Do. The cold war no longer provides the 33. Walter Q. Gresham ..... Mar. 6, 1893 ..... Grover Cleveland. her leadership, and the President’s de- 34. Richard Olney ...... June 8, 1895 ..... Do. overarching architecture for U.S. for- cision to nominate her as Secretary of 35. John Sherman ...... Mar. 5, 1897 ..... William McKinley. eign policy. And I doubt that any simi- 36. William R. Day ...... Apr. 26, 1898 .... Do. State is a well-deserved honor. 37. John Hay ...... Sept. 20, 1898 .. Do. larly comprehensive substitute will In the course of her extraordinary ca- Do ...... Mar. 5, 1901 ..... Do. evolve in the near future. U.S. foreign Do ...... Mar. 6, 1905 ..... Theodore Roosevelt. reer, she has skillfully combined public 38. Elihu Root ...... July 7, 1905 ...... Do. policy now has several more or less service and academic pursuits, and 39. Robert Bacon ...... Jan. 27, 1909 .... Do. 40. Philander C. Knox ...... Mar. 5, 1909 ..... William H. Taft. equal priority objectives. Balancing these abilities make her especially 41. William Jennings Mar. 5, 1913 ..... Woodrow Wilson. these objectives one against the other well-suited for the challenges she will Bryan. 42. Robert Lansing ...... June 23, 1915 ... Do. and moving them all forward in today’s face as Secretary of State. Many of us 43. Bainbridge Colby ...... Mar. 22, 1920 ... Do. complex international environment is first came to know her when she was 44. Charles Evans Hughes Mar. 4, 1921 ..... Warren G. Harding. Do ...... Calvin Coolidge. a challenging task. I am confident that an able assistant to our former col- 45. Frank B. Kellogg ...... Feb. 18, 1925 .... Do. Ambassador Albright has not only the league Senator Edmund Muskie, and 46. Henry Lewis Stimson .. Mar. 5, 1929 ..... Herbert C. Hoover. 47. Cordell Hull ...... Mar. 4, 1933 ..... Franklin D. Roosevelt. intellect to meet this challenge but later as a member of President Carter’s 48. Edward R. Stettinius, Nov. 30, 1944 .... Do. also—and equally importantly—the National Security Council. And all of Jr. 49. James F. Byrnes ...... July 2, 1945 ...... Harry S. Truman. ability to clearly articulate for the us were proud of her brilliant service in 50. George C. Marshall .... Jan. 8, 1947 ...... Do. benefit of the American people the na- recent years as our Ambassador to the 51. Dean G. Acheson ...... Jan. 19, 1949 .... Do. 52. John Foster Dulles ...... Jan. 21, 1953 .... Dwight D. Eisenhower. tional interest involved in the foreign United Nations. 53. Christian A. Herter ..... Apr. 21, 1959 .... Do. policy challenges we face and the Academically, she has served as a 54. Dean Rusk ...... Jan. 21, 1961 .... John F. Kennedy. Do ...... Lyndon B. Johnson. choices we make. senior fellow at the Center for Stra- 55. William P. Rogers ...... Jan. 21, 1969 .... Richard M. Nixon. I am pleased that someone of Mad- tegic and International Studies, as a 56. Henry A. Kissinger ...... Sept. 21, 1973 .. Do. Do ...... Gerald R. Ford. eleine Albright’s character and ability professor at Georgetown’s School of 57. Cyrus Vance ...... Jan. 21, 1977 .... Jimmy Carter. has been chosen, and has agreed, to 58. Edmund S. Muskie ..... May 8, 1980 ...... Do. Foreign Service, and as president of 59. Alexander Meigs Haig, Jan. 22, 1981 .... Ronald Reagan. serve this President and this Nation as the Center for National Policy. Jr. our primary representative to the Her personal history of fleeing Hitler 60. George P. Shultz ...... July 16, 1982 ..... Do. 61. James A. Baker III ...... Jan. 27, 1989 .... George Bush world. I congratulate her on her immi- and Communism as a child from her 62. Lawrence S. Dec. 10, 1992 .... Do. nent confirmation and look forward to home in Czechoslovakia and her rise in Eagleburger. 63. Warren Christopher .... Jan. 22, 1993 .... William J. Clinton. working with her in the future. this country to the position of Sec- 64. Madeleine Korbel Jan. 22, 1997 Do. Ms. LANDRIEU. Mr. President, today retary of State is one of the great Albright. (confirmed by Senate). is indeed a historic milestone for our American success stories of our time Nation. For the majority of this coun- and a vivid symbol that the American Mr. GLENN. Mr. President, I have try’s history, a full half of our citizens dream is alive and well in our day and known Madeleine Albright for many were left without the right to vote generation. years and consider her extraordinarily therefore they were left without a I commend her for her nomination, well qualified for the important post of voice, without a collective voice in the and I look forward to working closely Secretary of State. She has the knowl- direction of domestic affairs or inter- with her in the years to come. I ask edge, experience, intelligence, candor, national affairs for our country. unanimous consent that a list of the 64 energy, and strength of will necessary With the passage of the 19th amend- persons who have served as Secretary for this difficult job. I will support her ment in 1920, this flawed policy was of State, including Madeleine Albright, confirmation with enthusiasm. corrected, however since that time be printed in the RECORD. By now most Americans have heard progress and change in this area has There being no objection, the list was the compelling story of Madeleine come, but very slowly. Today we take ordered to be printed in the RECORD, as Albright’s family flight from first fas- a great step forward for our country follows: cism, and then communism. After com- and the world in approving the nomina- ing to the United States, Madeleine tion of Secretary of State designee SECRETARIES OF STATE 1789–1977 Albright compiled an impressive aca- Madeleine Albright. Name When appointed President demic resume, including a B.A. from Although there is little controversy Wellesley College and a masters and surrounding our vote today on this 1. Thomas Jefferson ...... Sept. 26, 1789 .. George Washington. Do ...... Mar. 4, 1793 ..... Do. doctorate from Columbia University. confirmation we should take a moment 2. Edmund Randolph ...... Jan. 2, 1794 ...... Do. Her subsequent career has been devoted to note the historical significance of 3. Timothy Pickering ...... Dec. 10, 1795 .... Do. Do ...... Mar. 4, 1797 ..... John Adams. to international affairs and govern- this occasion. 4. John Marshall ...... May 13, 1800 .... Do. ment—from Capitol Hill, to the Na- There was a time not long ago when 5. James Madison ...... Mar. 5, 1801 ..... Thomas Jefferson. Do ...... Mar. 4, 1805 ..... Do. tional Security Council, to the chal- the nomination of any woman regard- 6. Robert Smith ...... Mar. 6, 1809 ..... James Madison. lenging post of United States U.N. Am- less of how qualified or experienced to 7. James Monroe ...... Apr. 2, 1811 ...... Do. Do ...... Feb. 28, 1815 .... Do. bassador. She served as a professor at lead our Nation’s foreign policy would 8. John Quincy Adams ...... Mar. 5, 1817 ..... James Monroe. the Georgetown University’s School of have been at the least controversial, Do ...... Mar. 5, 1821 ..... Do. 9. Henry Clay ...... Mar. 7, 1825 ..... John Quincy Adams. Foreign Service and a scholar at both and at the most unthinkable. Today, 10. Martin Van Buren ...... Mar. 6, 1829 ..... Andrew Jackson. the Smithsonian’s Woodrow Wilson that time is over. 11. Edward Livingston ...... May 24, 1831 .... Do. 12. Louis McLane ...... May 29, 1833 .... Do. International Center for Scholars and Ambassador Albright’s confirmation 13. John Forsyth ...... June 27, 1834 ... Do. the Center for Strategic and Inter- is all but certain in just a few moments

VerDate Mar 15 2010 22:20 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\1997SENATE\S22JA7.REC S22JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S610 CONGRESSIONAL RECORD — SENATE January 22, 1997 with the vote of this Senate. She is a the suffering in regions of greatest hu- In 1993, Ambassador Albright said: tribute to her gender, but it is not to manitarian concern.’’ We have a national security interest in her gender that this accomplishment is There is an obvious and immediate containing and, wherever possible, resolving due, it is through her exemplary career danger to this type of thinking. The re- regional conflicts * * * the cost of runaway in foreign service. ality is there are many problems in the regional conflicts sooner or later comes To be here today on the floor of this world which we simply cannot resolve. home to America. [June 1993.] historic Chamber to cast my first vote In exerting great effort to accomplish Her viewpoint—not unique to this ad- as a U.S. Senator is in itself a exhila- impossible goals we endanger the lives ministration—fundamentally shifts rating experience, but to be able to of our troops, damage U.S. leadership what previous Presidencies defined as a cast that vote for Madeleine Albright and prestige, squander valuable re- national security interest and con- the first woman ever to serve as Sec- sources, and destroy the will of the sequently where the President would retary of State of this great Nation American people to intervene when our use American force. This significant al- makes it even more memorable. own interests are indeed threatened. teration of U.S. interests has the pro- Thank you Mr. President for the op- The first year of the Clinton adminis- found impact of justifying greater and portunity to share these thoughts. tration was dominated by behind the more diverse missions for our troops. Mr. COATS. Mr. President, the occa- scenes effort to develop a document Under the rubric of peace operations, sion of Ambassador Albright’s immi- which would serve as the Clinton pol- U.S. forces have found themselves in nent confirmation as Secretary of icy initiative on multilateral action. almost every conceivable type mission: State raises some deep concerns re- The consistent theme of this Presi- delivering food and medicine; building garding this administration’s foreign dential Review Directive [PRD–13] was bridges; training police; hunting down policy. to upgrade the U.N.’s military capabili- warlords. While I believe there is much to be ties and to increase—even institu- Colin Powell’s comments in his auto- admired about Ambassador Albright— tionalize—the U.S. involvement with biography further illustrate Madeleine she has a reputation as a frank and U.N. peacekeeping operations. Albright’s thinking. He describes a forthright speaker, who is able to ar- Ambassador Albright’s comments re- meeting at the White House when she ticulate forcibly her views—I have deep veal the lines that PRD–13 would fol- asked him ‘‘What’s the point of having reservations about what I believe is her low. this superb military you’re always flawed philosophy of the role of U.S. We favor substantial enlargement and re- talking about if we can’t use it?’’ forces in the conduct foreign policy. organization of the peacekeeping head- The practical effects of this doctrine As our U.N. Ambassador over the last quarters staff and the creation of a perma- have led to our military involvement 4 years, Mrs. Albright has consistently nent foundation for rapid 24-hour commu- in Haiti, Bosnia, Central Africa, and articulated an alarming vision of post- nication, intelligence, lift, recruitment, other areas only peripherally in our in- cold-war foreign policy. It is one which training, and the full spectrum of in-theater terests. designates the United Nations as the logistical support. What I fear Ambassador Albright has world’s guarantor of peace and in so Clinton’s foreign policy team sought yet to understand is that there are se- doing seeks to subjugate United States’ to expand the United Nations to a sort rious costs to using force when our interests to this world body. of global police force and equip it to In June 1993, she articulated the con- carry out effectively this unrealistic vital interests are not at issue. None of cept of assertive multilateralism as a job. The draft document included a these interventions carried out or con- way of responding to internal political rapid expansion of U.N. military capa- templated by the Clinton administra- and economic turmoil, defiant regimes, bility as well as the idea of putting tion were in our security interests. And and failed societies in countries around U.S. forces under U.N. command. This yet, great numbers of troops have the globe. elevated peacekeeping philosophy is il- risked their lives and we have spent The United States would act pri- lustrated by events in Somalia. billions of dollars. marily as a part of the United Nations During President Clinton’s first year, In Somalia, our forces left, humili- to respond to crises throughout the he turned over the Bush limited food- ated and at great cost, with the tur- world. delivery mission in Somalia to the moil on the ground basically un- Fundamental to this premise is the United Nations. Over the next few changed. In Haiti, we intervened to re- belief that every conflict, every dis- months, United States troops were store democracy but prospects for its aster will eventually impact the United used to hunt down Somali warlord survival are very much in question, de- States and is therefore in our interests Aideed and participate in what became spite our military contribution of $1.2 to intervene, militarily, to intervene. known as ‘‘nation-building’’ activities billion. After 2 years of gradual esca- The United Nations as the instru- in order to—in Madeleine Albright’s lation of United States intervention in ment of this collective security calls words—‘‘promote democracy in that Bosnia, the President committed 20,000 the shots and the United States re- strife-torn nation.’’ Ultimately 18 U.S. of our forces to serve a year to enforce sponds by sending troops. The United Rangers were killed by Aideed’s men. a separation between the warring fac- States participating with other nations The last American soldiers left Soma- tions. U.S. troops now extended for 18 would be able to right the wrongs in lia in March 1994—100,000 troops were months have the task of ensuring that the world. This is faulty in concept and sent to Somalia; 30 died and 175 were civilian reconstruction proceeds. No dangerous in execution. wounded and at a cost of $1.5 billion. one knows what will happen in Bosnia Consider some of the statements she Since our departure, fighting erupted once our troops are removed. has made: and today Somalia is no more better The military has borne great expense Our goal is to foster the development of a off for our misguided nation-building because of these missions. And in an community capable of easing, if not termi- experience. era of declining military budgets, there nating, the abominable injustices and condi- The tragedy of losing United States is a growing anxiety about our capa- tions that still plague civilization, because troops in Somalia forced the adminis- bility to deal with future national se- only in such a community can America tration to back away from some of the curity threats. Last year military tes- flourish. timony before the Armed Services We are also facing increased ethnic and aims of PRD–13. PRD–13, when finally subnational violence. Wherever we turn, signed as PDD–25, had undergone a Committee revealed serious strains in someone is fighting or threatening someone number of changes. Madeleine Albright our military planning and budgeting. else. These disputes may be far removed now couched the document in terms of The President’s proposed budget for from our borders but in today’s global envi- fixing U.N. peacekeeping not expanding defense was $10 billion lower than what ronment, chaos is an infectious disease. it. But the underlying premise of the was appropriated the previous year. The role of the United States is then policy still had not changed: greater And yet testimony after testimony by to ‘‘reform or isolate the rogue states emphasis on the United Nations for re- the CINC’s and Service Chiefs indicated that act to undermine the stability and solving conflict. In justifying use of strong concerns with levels of spend- prosperity of the larger community force there was a shift in definition of ing. Readiness, modernization, quality and * * * to contain the chaos and ease national security interest. of life were all areas needing focus and

VerDate Mar 15 2010 22:20 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\1997SENATE\S22JA7.REC S22JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 22, 1997 CONGRESSIONAL RECORD — SENATE S611 funding. The services altogether indi- She did it as a member of President mund Muskie when he was a senior cated their desire for more than $15 bil- Carter’s National Security Council, as member of the Foreign Relations Com- lion in increases. a noted scholar and professor at mittee. Then after serving on the staff While the administration has failed Georgetown University, as the presi- of the National Security Council in the to provide adequately for our defense dent of the Center for National Policy, Carter administration, she worked for needs, it continues to deploy our troops and—most recently—as America’s Per- over a decade as professor at George- in more and more missions around the manent Representative to the United town University and in various centers world. In recent years our forces have Nations. for public policy research. been seriously overextended. We are As in all her other work, Madeleine Since 1992, Madeleine Albright has asking our forces to do more but have Albright brought energy and vitality served ably as the U.S. Ambassador to drastically cut force structure by 30 to the job of U.S. Ambassador to the the United Nations and has been a for- percent. General Reimer, the Army United Nations. And her plain spoken mal member of the President’s Cabi- Chief of Staff, testified that require- determination helped restore democ- net. This is a rare recognition granted ments on the Army have risen 300 per- racy in Haiti, prosecute war criminals to a U.N. Ambassador, and she was the cent. Today, more than 41,000 U.S. sol- in the former Yugoslavia, and make first U.N. Ambassador to serve in this diers are deployed on nearly 1,700 mis- headway in achieving a comprehensive role since Ambassador Jeanne Kirk- sions in 60 countries. nuclear test ban. She also led the patrick in the first Reagan administra- And while the President failed to pro- charge to achieve much needed reforms tion. vide adequately for the military—to in the United Nations—by advocating At the United Nations, Ambassador Albright became known and respected meet their current and future lower budgets, more accountability, as a fierce defender of American inter- warfighting needs—he requested a sep- and a streamlined bureaucracy. arate budget for contingency oper- Madeleine Albright has rightly ob- ests and values. She took the adminis- ations—a clear indication that the served that the United States is the tration’s lead role 1 year ago in de- nouncing Cuba’s unprovoked murder of trend toward greater peacekeeping world’s indispensable nation. But I two American pilots who were flying missions will continue. would add that she herself has been an unarmed civilian aircraft over inter- I am deeply concerned that the grow- indispensable part of the foreign policy national waters near Cuba. She empha- ing use of our forces in areas of periph- achievements of the Clinton adminis- sized the importance of this outrageous eral interest will have a long lasting tration over the past 4 years and she act of cowardice by Fidel Castro’s to- and detrimental impact on our mili- will continue to be in the years to talitarian government with character- tary—and ultimately on the ability of come. istically direct language that helped the United States to protect our vital Finally, Mr. President, I look for- interests. The views of Ambassador focus the attention of the world. ward to working with Secretary She also worked diligently—and suc- Albright confirm her belief in using Albright on an issue that I have long cessfully—in maintaining comprehen- troops in this way. While the Armed championed—ending abusive and ex- sive economic sanctions on the repres- Services Committee can take steps to ploitative child labor around the world. sive regime of Iraqi President Saddam provide our forces with the funding I hope that she will use the office of Hussein. Despite the call by some na- they need, there is little we can do to the Secretary of State to focus atten- tions of the world to lift those sanc- reign in how our troops are being used. tion on this deplorable practice as she tions, she has succeeded in keeping these essential foreign policy decisions meets with leaders in government and them in place until the Government of are made by the President, who is both commerce around the world. Working Iraq ends its threats to its neighbors, Chief Executive and Commander in together, I know that we can finally shows greater respect for the human Chief. It is my fervent hope that ex- end the curse of child labor. rights of its own people, and totally traordinary caution and wise delibera- Mr. President, I believe that Mad- dismantles all weapons of mass produc- tion will be exercised during the next 4 eleine Albright is an excellent choice tion programs. These actions are called years in determining how to use Amer- to become our Nation’s top diplomat for not only in a series of Security ican forces to further the foreign policy and I am proud to cast my vote in sup- Council resolutions enacted at the end goals of this administration. port of her nomination. of the 1991 gulf war, but also in obliga- Mr. HARKIN. Mr. President, I rise in Ms. SNOWE. Mr. President, I would tions Iraq itself accepted in the cease strong support of the nomination of like to join my colleagues on both sides fire agreement that ended that war. Madeleine Albright to become our Na- of the aisle in supporting the confirma- Most recently, Ambassador Albright tion’s 64th Secretary of State. I have tion of Ambassador Madeleine Albright insisted on the replacement of U.N. been privileged to know and work with to be our Nation’s 63d Secretary of Secretary Gen. Boutros Boutros-Ghali Ambassador Albright for nearly two State. because of his inadequate attention to decades and I am confident that she Many have commented on the his- necessary reform of the U.N. system. will be a determined, effective voice for toric nature of Ambassador Albright’s She refused to bow to pressure from American interests as we face the for- nomination to be the first woman Sec- other countries—on the first Security eign policy challenges of the 21st cen- retary of State, the highest ranking of Council vote on this issue the United tury. all Cabinet officers. But this would be States was opposed 14 to 1—and in- This is a historic nomination. With just one more of a long history of sisted on the election of a new reform- this vote, Madeleine Albright will be- ground-breaking roles in Madeleine minded Secretary General as a matter come the Nation’s first woman to hold Albright’s distinguished career. of principle. With the recent successful the office of Secretary of State. But For instance, over the past 4 years, election of the new U.N. Secretary Gen. it’s clear that this nomination was not she has been the only woman serving Kofi Annan, there now is an oppor- based on gender—but on qualifications. as a U.N. Ambassador on the Security tunity for revitalizing this important Madeleine Albright has been an out- Council. In the first Clinton adminis- international institution and restoring standing leader for America and an tration, she was the only woman to a bipartisan consensus on the United outspoken advocate for freedom. serve in a national security capacity Nations in the Congress and among the Today Madeleine Albright steps out on the President’s Cabinet. She was American people. in front and breaks a longstanding bar- also the first woman to serve as the top As shown in just these few examples, rier. But that’s no surprise because she foreign policy advisor to a Presidential Madeleine Albright is a strong advo- has made a life of doing just that. candidate, a role she served in 1988 to cate for U.S. foreign policy and is more From the time her family broke from Gov. Michael Dukakis. than willing to take the tough and the barriers of totalitarianism in Ambassador Albright will bring a su- principled stands. It is my hope that Czechoslovakia and the brutal grip of perb background to the job of Sec- she will help to restore American lead- Hitler and Stalin, Madeleine Albright retary of State. I would note that she ership and assertiveness in the inter- has dedicated her life to spreading free- began her rise in the foreign policy national community. dom and promoting international un- field as the top foreign affairs advisor In addition to her strong qualifica- derstanding. to our former colleague, Senator Ed- tions for the job, Madeleine Albright

VerDate Mar 15 2010 22:20 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\1997SENATE\S22JA7.REC S22JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S612 CONGRESSIONAL RECORD — SENATE January 22, 1997 also brings a compelling personal expe- ity. In the world of international diplo- ment would grow to a staff of approxi- rience and family background to this macy, it is worth noting that two of mately 24,500 with a departmental job. The daughter of a Czech diplomat, the earliest congratulations she re- budget of about $3.9 billion, part of an her family came to the United States ceived for her nomination came from even larger $19.2 billion international as refugees after World War II. In fact, Israeli Foreign Minister David Levy affairs budget. Maintaining the infra- in the preceding years, her family had and Palestinian Liberation Organiza- structure necessary to support 160 em- twice fled the forces of totalitarianism: tion Chairman Yassir Arafat. bassies and 100 consulates worldwide, first escaping the advancing armies of Mr. President, I have had the honor costs this nation over $2 billion a year. Nazi Germany, and again the Iron Cur- and the privilege to become personally The Department buys over $500 million tain’s descent on her homeland of acquainted with Ambassador Albright in goods and services each year and is Czechoslovakia, a country that had over the past 4 years from my position responsible for $12 billion in property. previously had the most vibrant econ- on the Senate Foreign Relations Com- Effectively managing these resources omy and democratic system in central mittee during the 104th Congress, and would be a daunting challenge for any Europe. as a senior member of the House For- Fortune 500 company, but the State During her confirmation hearing, eign Affairs Committee during the 103d Department must do it at the same Ambassador Albright discussed how Congress. While we have occasionally time that it is carrying out its primary her parents instilled in her a deep love disagreed on policy issues, I have al- functions—performing its diplomatic for the United States and the ideals ways found Ambassador Albright to be and foreign policy missions, protecting upon which our Nation was founded. a forceful, effective, and persuasive ad- and assisting American citizens trav- Others have noted Ambassador vocate of administration policies. She eling abroad, and providing the inter- Albright’s strong views on such ques- has a true skill for explaining the pur- agency coordination necessary for con- tions as human rights, democracy, and pose behind American foreign policy, ducting foreign policy in an increas- individual liberty. I have no doubt that and I am certain that she will use that ingly complex and dangerous world. With a multitude of difficult mis- her family’s experiences have contrib- skill to advance U.S. interests through- sions to perform, management prob- uted to her evident devotion to these out the world. lems risk being ignored due to the ex- very American ideals. I would like to again express my sup- igencies of the day. The new Secretary If confirmed by the Senate, Ambas- port for confirming Ambassador Mad- will no doubt be consumed by critical sador Albright will become Secretary eleine Albright to be the 63d Secretary foreign policy issues and crises from Albright and will move to a larger of State. I urge my colleagues to join Bosnia to Korea that will demand a stage for the conduct of American for- with me in approving her nomination great deal of her personal attention. eign policy. Under the Clinton adminis- for this highest of all confirmable exec- However, determining whether tax- tration, the United States has been utive branch posts. payers are getting the best value for searching for a more unified vision and Mr. THOMPSON. Mr. President, their multibillion dollar international greater consistency in our Nation’s for- while many of my colleagues have al- affairs investment also must be one of ready addressed vital foreign policy eign policy with the end of the cold the Secretary’s highest priorities. war. A number of challenges will im- issues during the consideration of Mad- In times of fiscal austerity, we all mediately confront her, and I hope and eleine Albright to be the next Sec- have to do more with less. I do not ad- expect that she will be able to rise to retary of State, I would like to use this vocate performing critical missions these challenges. opportunity to address some equally ‘‘on the cheap,’’ but we must strive for For example, the international com- vital management issues. I hope to use the most efficient and effective use of munity is watching the rising world the confirmation process to elevate our limited resources. The Government power of China, but for 4 years the management issues that tend to get Performance and Results Act, for ex- Clinton administration has had dif- swept under the carpet during high- ample, can be an effective tool to make ficulty maintaining a consistent for- minded policy debates. When dis- Government work better by measuring eign policy in relation to this increas- cussing policy goals, we must be care- the success or failure of Government ingly important country. Tension be- ful to determine whether these goals programs and using this information to tween the important bilateral interests are affordable and that the resources support budget decisions. of human rights, trade, national secu- spent provide the best value for the The effects of belt tightening are rity, and nonproliferation has too often taxpayers’ investment. painful as is illustrated by the $300 mil- led to confusion and vacillation in our Congress has laid the groundwork for lion backlog in deferred maintenance, Nation’s policies. It is my hope that significant Government management obsolete technology and shrinking base Madeleine Albright will rectify this reforms with the passage of laws such of skilled personnel at the Department weakness by bringing her temperament as the Government Performance and of State. The Congress will no doubt be of toughness and consistency, com- Results Act, which requires agencies to asked to provide more resources to bined with her strong grounding in measure the results of their efforts, the State and in the international affairs long-term strategic thinking. Chief Financial Officers Act, which re- budget to counteract some of these Another challenge awaits U.S. policy quires agencies to shore up their finan- negative effects. On first glance, this in the critically important region of cial recordkeeping, and recently en- seemingly makes sense. However, the the Middle East. There is no doubt that acted information management and spending for State Department oper- recent negotiations between Israel and procurement reforms. These laws apply ating expenses has increased in both the Palestinian Authority have been commonsense approaches to the busi- actual and constant dollars since 1985. difficult, though thankfully last week’s ness of government to reduce ineffi- Therefore, I question whether the De- agreement over the redeployment of ciencies and get real cost savings for partment has done all it can. Has it cut Israeli forces in Hebron shows that the taxpayers. It is questionable whether to the bone and ignored the fat in order peace process remains intact. these new laws will be taken seriously to generate a compelling case before But over the next 2 years, the nego- and fully implemented without exten- Congress for more money? I have to tiations will become even more impor- sive congressional oversight—there are say that I don’t know, and we will not tant and vastly more challenging. It is reports that agencies do not believe know the true story from the Depart- in this period that negotiations over a Congress is serious about the effective ment anytime soon because the de- final status for the Palestinian entity implementation of these laws. I am tailed supporting financial information are supposed to be reached, and the hereby serving notice that they would does not exist. Palestinians’ challenge against Israeli be seriously mistaken in that belief. This is because the State Department sovereignty over Jerusalem must be re- The State Department, which Am- does not have adequate financial and solved. Ambassador Albright has long bassador Albright will head, has served information systems to effectively been acknowledged as a very strong this country admirably since its found- manage and prioritize its programs. In friend of Israel. But she also has devel- ing in 1789. But I wonder if Thomas Jef- the information age, the Government oped a very constructive working rela- ferson, the first Secretary of State, is increasingly dependent on good in- tionship with the Palestinian author- could have imagined that the Depart- formation—and yet this is what we are

VerDate Mar 15 2010 22:20 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\1997SENATE\S22JA7.REC S22JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 22, 1997 CONGRESSIONAL RECORD — SENATE S613 lacking. We need adequate information lenges of the next century. I look for- Of particular interest to me is the upon which to base sound decisions, ward to working with her to achieve promotion of human rights worldwide. otherwise we are making decisions in a those objectives in the coming Con- I strongly believe that the United vacuum. A good first step in developing gress and to effectively implement the States has a moral responsibility to this information would be for the De- bipartisan management reforms passed put human rights at the top of our for- partment to meet its responsibilities by Congress. eign policy agenda. I also believe under the Chief Financial Officers Act Mr. FEINGOLD. Mr. President, today that—although we might disagree on and prepare an audited financial state- the Senate votes to confirm the nomi- the manner in which we should raise ment. nation of Madeleine Albright to be Sec- human rights concerns with other gov- Good financial data relies upon the retary of State. ernments—Ambassador Albright agrees development of effective computer sys- As many others will say today, this with my basic premise here. In my tems. Government computers are cru- is a historic occasion, as the secretary- view, it is incumbent upon U.S. dip- cial to the State Department’s ability designate will soon become the highest lomats to incorporate our views about to meets its foreign policy missions ranking woman ever to serve in the human rights in bilateral discussions and business needs. In recent years, the United States Government. As a mem- on other issues. For example, we have Department has obligated over $300 ber of the Foreign Relations Com- many interests in Indonesia, but we million annually on computer systems. mittee, it was my distinct honor to ap- must never forget that its government Yet, the State Department has had a prove her nomination at the committee continues to sustain a brutal military poor history of managing these sys- level on Monday. And I am honored to occupation of East Timor. Similarly, tems and, as a result, is struggling vote for her again today on the floor of concerns over human rights abuses in with aging computers that do not ade- the Senate. Tibet and over the impending transi- Back in the 1980’s, I had the pleasure quately meet the Department’s needs. tion in Hong Kong must be pillars of of meeting the distinguished nominee This has resulted in critical informa- our many-pronged China policy. tion shortfalls, as well as interruption in Wausau, in my home state of Wis- Ambassador Albright has, in the consin, while I was a member of the of operations. Obviously, the Depart- past, exhibited superior knowledge of Wisconsin State Senate. At the time, I ment needs to do a better job. Legisla- human rights issues and of these other was introduced to her as the future tion Congress passed last year to estab- transnational problems. And, I hope Secretary of State. I have since been lish a Chief Information Officer at the she will guide the Administration to impressed at how she has excelled—in Department of State should help in fo- propose creative solutions to some of domestic politics, as well as in foreign cusing attention on this longstanding these problems. problem. policy—to allow her to achieve this Of particular regional concern to me The Department has yet to change great honor, the nomination to be the is the African continent, which—too President’s chief foreign policy adviser. its business practices to reflect the new often—is left at the end of the priority In more recent days, I have observed information age. In September 1994, the lists of policymakers in this country. State Department launched a Strategic her both in private, and at her con- firmation hearing before the Foreign But Africa—a continent of 48 countries Management Initiative to identify its south of the Sahara—supports a popu- highest priority functions and prod- Relations Committee on January 8 of this year. And I was again impressed at lation of nearly 620 million people. Its ucts, as well as activities which were land mass stretches over one quarter of no longer necessary. However, GAO how articulately and gracefully she re- sponded to questions that literally the Earth’s surface. states that the State Department ‘‘has While we often focus upon areas been reluctant or unable to signifi- spanned the globe. Upon confirmation, Ambassador where crises evolve, as in Liberia or in cantly reduce its overseas presence and Albright will take on a position that, the Great Lakes region, we also must the scope of its activities or to sub- in my view, is one of the most chal- actively support some of the successes stantially change its business prac- lenging positions in public service. On in Africa, such as the stunning transi- tices.’’ I would hope in the future that the one hand, she will have a tremen- tion to majority rule in South Africa, the Department will not continue to dous opportunity to affect world events Eritrean independence, or the fact that conduct business as usual and then because of the leadership role that the more than 30 democratic elections have complain it does not have the resources United States plays in so many con- taken place on the continent since 1989. to fulfill its mission. flicts around the world. But on the The United States can play an impor- The State Department, like many other hand, she will have awesome re- tant role in all these events. other Federal agencies, is confronted sponsibilities. Finally, I wish to note that in addi- by serious management problems that Just a quick glance at the range and tion to Ambassador Albright’s many impede its ability to carry out its mis- scope of the various bureaus at the qualifications in the field of foreign sion efficiently and effectively. GAO State Department remind us that the policy, she also is especially prepared and inspector general reports have job of Secretary of State is far-reach- to work with Members of Congress. She shown that in the past, top level atten- ing. Not only will she be in charge of spent nearly 2 years as the chief legis- tion has not been given to the steward- all the regional and administrative bu- lative assistant to Senator Edmund ship of taxpayer resources. I am en- reaus, but she will also be responsible Muskie, who himself went on to be Sec- couraged by Ambassador Albright’s an- for the Bureau of Democracy, Human retary of State. She understands well swers to my questions during her con- Rights and Labor, the Bureau for Inter- the intent of the Constitution regard- firmation process. She assured us that national Narcotics and Law Enforce- ing the separate responsibilities and she will be very much a hands-on man- ment Affairs, the Bureau for Inter- prerogatives of the legislative and ex- ager and recognizes that the ability to national Organization Affairs, Bureau ecutive branches of our Government. conduct quality foreign policy depends of Oceans and International Scientific This is of particular concern to me upon attacking directly these manage- Affairs and the Bureau of Population, where the deployment of American ment issues. Ambassador Albright stat- Refugees, and Migration. men and women to combat is involved. ed at her confirmation hearing that she This list underscores the fact that I trust Ambassador Albright will take would work with Congress ‘‘to ensure many of the problems that challenge us the advice and consent role of the Sen- that the American public gets full today are ones that belie traditional ate seriously, and will consult fully value for each tax dollar spent’’ and ways of looking at the world through with the Congress in all matters of that she ‘‘is committed to making im- regional, or even strictly political, troop deployment. provements in the Department’s struc- lenses. Increasingly, we are faced with Ambassador Albright never shied ture and operations that will produce a issues that transcend national borders away from speaking frankly with us more efficient and effective use of our and fly in the face of old political alli- and with the American people in her resources.’’ I am hopeful that Ambas- ances. Concerns over drug trafficking, previous capacity as the U.S. perma- sador Albright will provide the leader- refugees, disease, and the environment nent representative to the United Na- ship necessary for the State Depart- have changed the way we define the na- tions. I look forward to future open and ment to meet its management chal- tional interest. candid dialog with her on all of these

VerDate Mar 15 2010 22:20 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\1997SENATE\S22JA7.REC S22JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S614 CONGRESSIONAL RECORD — SENATE January 22, 1997 issues, and expect to work closely with issue’’ for his second term. I certainly look forward to working closely with her. support an activist U.S. role in Asia; Secretary of State Madeleine Albright. Mr. President, the job of Secretary of from the Russian Far East which is in- Mr. ENZI. Mr. President, I rise in State is indeed a challenging one. I sa- creasingly linked to my State of Wash- support of Madeleine Albright’s nomi- lute President Clinton for his superb ington to South Asia where the threat nation to take the helm of the U.S. De- choice, for it is my view that this of nuclear escalation will require care- partment of State. I believe she is well nominee is more-than-qualified to take ful diplomacy. Hong Kong is on the qualified and has displayed a unique on the challenges of the position under verge of a return to Chinese sov- steadiness and pragmatism during her consideration. ereignty, and numerous territorial dis- tenure as our Ambassador to the I also commend the honorable Sen- putes throughout Asia threaten to be- United Nations. From her difficult be- ator from North Carolina for expe- come military flashpoints. The United ginnings and throughout her life, she diting the confirmation process. States is and must continue to be the has proudly embraced this country. In summary, Mr. President, I am stabilizing force in Asia that fosters She has served America with dignity honored to cast my vote in favor of the peace and our economic growth in the and patriotism. In her new position, I nomination of Madeleine Korbel region. Numerous regional groupings hope she will continue to sensibly pro- Albright to be Secretary of State. from APEC to the ASEAN Regional mote our Nation’s best interests. Mrs. MURRAY. Mr. President, I am Forum will require U.S. leadership and All of these qualities are attested to honored today to express my strong vigilance. This region, with more than by a very dear friend of mine, Edward support for Madeleine Albright’s nomi- one-half of the world’s population, Gnehm, our former Ambassador to Ku- nation to be the next U.S. Secretary of must be a priority of the new Sec- wait. He now serves as Deputy Assist- State. Long after I leave the United retary. And I am sure Madeleine ant Ambassador under Madeleine States Senate, I will recall fondly the Albright will represent the ideals we Albright at the United Nations. I met day I voted to confirm Madeleine cherish; the ideals we share with the Skip Gnehm in 1962, when we began 4 Albright as Secretary of State; our 63d world through an activist, engaged for- good years together at the George and first female Secretary of State. eign policy. Washington University. I have always Madeleine Albright is a spectacular Europe and the former Soviet states valued Skip’s friendship and his in- nominee; I’ve worked closely with her must also remain a priority issue. sight—particularly in matters of for- since I came to the Senate, particu- NATO expansion will be difficult. And eign affairs. larly on the 1995 United Nations Con- international trade issues with the Eu- Skip and I have recently discussed ference on Women. I do speak person- ropean Community will continue to be the changing role of the United States ally of the great respect she’s earned difficult as we seek to gain greater in global politics. We agree that, as a from many on Capitol Hill. And I know market access, end subsidized competi- nation, we live in a rapidly changing that same respect has been earned in tion in manufacturing and agriculture, part of the 20th century. World politics Capitals around the globe throughout and continue to press for protection of is no longer dominated by the tense her distinguished career. There will be U.S. intellectual property rights. Mad- United States-Soviet detente that de- no on-the-job training for this public eleine Albright, an immigrant from fined United States foreign policy for servant. In recent times, no Secretary Prague, is uniquely qualified to rep- so many years. Gone is our old familiar of State has assumed the post with the resent U.S. interests in this region of enemy, the Russian bear, growling on breadth of experience and bipartisan mature and growing political and eco- the horizon. But we have also lost the support that Madeleine Albright will nomic relationships. political stability Soviet hegemony Latin America is finally emerging provided in the region. No one here bring to the State Department. Secretary of State is an enormously from the throes of the cold war. El Sal- would argue for the return of a Com- important job. One of Secretary War- vador and Guatemala are continuing munist-controlled Soviet empire, but ren Christopher’s final public state- on important paths to peace and rec- in the wake of glasnost, we are left onciliation. Virtually every Latin ments underscores the importance of with a political minefield that de- American country is now under some mands careful attention. the job performed by the Secretary and form of democracy; the United States Our foreign relations are more fragile the American citizens who work at the must continue to foster this demo- than ever and demand increasing preci- State Department and in postings cratic development and reconciliation. sion. The State Department, our eyes around the world. Secretary Chris- NAFTA expansion to Chile and beyond and ears abroad, is our country’s first topher, describing his tenure and ac- will require a respected leader to nego- line of defense. Without an effective complishments, said, ‘‘Russia’s democ- tiate agreements beneficial to the and supported foreign service, we will racy was in crisis; its economy was United States and to educate and un- have little capability in combating to- near collapse. The nuclear arsenal of derstand the concerns of a skeptical day’s imminent threats to American the former Soviet Union was scattered public. Again, I believe Madeleine lives. Dangers such as international among four new countries with few Albright will do a fabulous job for the terrorism and nuclear proliferation safeguards. The war in Bosnia was at American people in this region of the among rogue nations truly pose a the peak of its brutality and threat- world. greater threat to our national security ening to spread. North Korea was de- Problems in Africa continue to go than Russia ever did. veloping nuclear weapons. The Middle largely unnoticed in our country. Chil- In light of these facts, I am discour- East peace process was stalemated; ne- dren throughout the world continue to aged by the increasing trend toward gotiations were stymied. Repression in suffer the evils of disease and malnutri- isolationism. We cannot turn our eyes Haiti was pushing refugees to our tion. Radical changes may come to inward and ignore the problems of our shores. NAFTA’s passage was in serious Cuba and North Korea in the near fu- neighbors. Like it or not, our world is doubt.’’ Certainly, Secretary Chris- ture. All of these issues, and many interconnected, interdependent, and topher’s tenure was marked by many more unforseen events, will require a international. Today, we send e-mail other difficult issues that met varying person like Madeleine Albright. on the internet across the globe with degrees of success. My point is to use Finally, following her confirmation, I the push of a button. A phone call can Secretary Christopher’s words to em- want to urge the new Secretary to be a bridge thousands of miles between fam- phasize the enormity and the impor- voice for the State Department and its ily and friends. Businesses move money tance of the task ahead for Madeleine family of employees, many of whom electronically across borders in the Albright. are scattered around the world in serv- blink of an eye. A drought in Kansas Madeleine Albright will confront a ice to our country. I find it refreshing can raise the price of bread in Moscow. similar list of issues important to our that Ambassador Albright during her It is true that domestic peace and pros- future economic and security interests. confirmation hearing freely talked perity in America are important, but China and Asia as a whole have moved about the difficulties of conducting for- you can’t sustain peace and prosperity to the forefront and many have written eign relations, on the cheap. on an island in a global sea of discord. that the President will make this im- As a member of the Appropriations So, I am using this opportunity to portant region of the world a ‘‘legacy Foreign Operations Subcommittee, I speak in support of Madeleine

VerDate Mar 15 2010 22:20 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\1997SENATE\S22JA7.REC S22JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 22, 1997 CONGRESSIONAL RECORD — SENATE S615 Albright’s nomination, but also to I personally regret, however, that I woman ever nominated to be Secretary voice my concern about the lack of di- am missing a chance to vote on the of State. She will not only become the rection and coordination in our foreign nomination of Madeleine Albright. Mr. most senior female appointee in this policy. We need to identify our goals President, I don’t think President Clin- administration, but the highest rank- and be very clear in our message. As ton could have made a wiser choice in ing in the history of the United States. the world’s only superpower, we cannot selecting Madeleine Albright for this I am so very proud that today Mad- stand around watching—simply react- central post in his administration. I eleine Albright is shattering a glass ing to random global events. have known Madeleine Albright for ceiling that many thought would never I believe Ambassador Albright has many years, and have rarely seen such be broken. demonstrated her exceptional abilities a combination of intelligence, skill, ex- Ambassador Albright will also be the as a diplomat and in offering thought- perience, principle, values, and, Mr. first refugee to hold this important ful counsel to our President. I would President, patriotism, in all my days. post. Having fled totalitarianism her- now encourage her to utilize her prov- Madeleine Albright brings all these self, Ambassador Albright is especially en diplomatic skills and her new high- things to the service of her adopted na- sensitive to the needs of newly emerg- profile job to bring some change in the tion. A daughter of Central European ing democracies. She is a beacon of President’s Cabinet room. We need to strife, she has a unique world view that hope to the hundreds of millions of peo- introduce strategic planning into our brings into clear focus some of the ple around the world who have recently foreign policy and she is the person to most difficult and compelling chal- shed the shackles of authoritarian gov- do it. With well-defined goals, a prop- lenges we face as the world’s last true ernment. erly managed administration and a lit- military and economic superpower. Over the last 20 years, Ambassador tle enthusiasm, our State Department Of course the world today is a re- Albright has worked tirelessly to pro- and Foreign Service could again re- markably different place than the one mote a safer, more stable world. After ceive the respect they deserve—both at we faced 50 years ago, 15 years ago, and working as a foreign policy advisor to home and abroad. even 5 years ago. I am further struck the late Senator Edmund Muskie, she Mr. DASCHLE. Mr. President, the by the fact that we are defining this taught foreign policy at Georgetown Senator from West Virginia [Mr. time by what it is not, that is the cold University’s School of Foreign Service. ROCKEFELLER] asked me to submit his war—rather than by what it is—a tran- As U.S. Ambassador to the United Na- statement in support of Madeleine sition time in the world’s history tions, she earned a reputation for Albright for Secretary of State. He is where one historic power, Europe, is toughness, fairness, and the tireless ad- necessarily absent for the vote today struggling to define itself; and another, vocacy of American interests. because of responsibilities he has in China, is struggling to assert its place Madeleine Albright is a diplomat, leading a trade mission from his State in the world. It is into this breach that scholar, and a role model for the Na- of West Virginia to Asia. He regrets Madeleine Albright has been tasked to tion’s young people—especially our not being here to cast his own vote for define and promote America’s global young women. I am confident that she Ms. Albright, and asks that his enthu- interests. siastic support for this outstanding in- will make an excellent Secretary of Traditionally, American foreign pol- dividual be noted. State and I proudly support her nomi- icy has had Europe and the Atlantic as (At the request of Mr. DASCHLE, the nation. following statement was ordered to be its focal point. While we must continue The PRESIDING OFFICER (Mr. making Europe a priority, we also see printed in the RECORD.) GREGG). Who seeks recognition? Who ∑ Mr. ROCKEFELLER. Mr. President, I Asia growing in importance in eco- yields time? am submitting this statement to ex- nomic, military, and other terms. This Mr. WARNER addressed the Chair. press my strongest support for the means that geographically, strategi- The PRESIDING OFFICER. Who nomination of Madeleine Korbel cally, and economically, the United yields time? Albright to be the Secretary of State of States sits astride both worlds. Mr. WARNER. Could I ask for a the United States of America. Unfortu- Because of my own long-time in- minute and a half? nately, I am necessarily absent from volvement in United States-Japan rela- Mr. HELMS. If you want, more than the Senate, and am unable to cast my tions and Asia issues generally, I want that. vote for Ms. Albright. Because of plans to voice my confidence that Secretary Mr. WARNER. I thank the Senator. that had to be scheduled long ago, I am of State Albright will provide the need- The PRESIDING OFFICER. The Sen- presently leading a group of more than ed leadership, insight, and attention to ator from Virginia is recognized for a 30 West Virginians on a trade mission the Pacific region in her role as the minute and a half—5 minutes. The Sen- to Japan and Taiwan that is called Clinton Administration’s chief of inter- ator from Virginia is recognized for 5 Project Harvest II. national diplomacy and as a key part minutes. This trade mission, the second I have of his national security team. She un- Mr. WARNER. Mr. President, I com- led to Asia, is vitally important to the derstands the challenges we face to- mend first the distinguished chairman long-term economic vitality of my gether as Pacific neighbors; she appre- of the Foreign Relations Committee State. Since the first Project Harvest ciates the differences and complexities for the manner in which he expedited Trade mission in 1995, tens of millions that are presented; and she will be a the hearing on this very important, of dollars in contracts, and many new clear and forceful advocate for Amer- most senior of our Cabinet positions. jobs have flowed back to West Virginia. ica’s peaceable interests and the goals Also, I wish to commend the distin- That first trip also served as a key step we share with our allies and the people guished chairman of the Armed Serv- in bringing companies like Sino- of nations worldwide. ices Committee. Our committee just Swearingen and Toyota to West Vir- Mr. President, I believe that Mad- completed its hearing on Senator ginia—international investments that eleine Albright is a superb choice for Cohen, and we anticipate that today have changed the face of West Vir- Secretary of State. I ask her forgive- the Senate is likely to turn to that ginia’s manufacturing profile. ness that I am unable to stand and vote nomination also for a vote. The globalization of the economy is for her today, and I pledge to work So that under the leadership of the the greatest force shaping inter- with her in every way possible.∑ majority leader, with the cooperation national relations in the last years of Mrs. BOXER. Mr. President, I am of the distinguished Democratic leader the millennium, and the kinds of rela- proud to support the nomination of and the chairmen, we have, I think in tionships that West Virginia is devel- Madeleine K. Albright for Secretary of record time, accomplished the very oping around the world are a key uni- State. Ambassador Albright is ex- careful and thorough screening of two fying factor in this new world order. tremely well-qualified for this impor- Cabinet posts and providing the Presi- Trade missions like Project Harvest tant post and will make a tremendous dent with that advice which he needs. can be an extension of America’s inter- leader of the Clinton administration’s I have had the privilege of knowing national interest in fostering peace, foreign policy team. the distinguished Ambassador, the stability, and prosperity across the This nomination is truly historic. nominee for the post of Secretary of globe. Ambassador Albright is the first State, for many years. Ambassador

VerDate Mar 15 2010 22:20 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\1997SENATE\S22JA7.REC S22JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S616 CONGRESSIONAL RECORD — SENATE January 22, 1997 Albright has come before the Senate the chairman for the way he has han- and serious attention to the problems Armed Services Committee, over the 18 dled it. If he says the nominee is OK, and potential of our own hemisphere. years I have been privileged to serve on that is very powerful in this institu- Each of these will demand a very ex- that committee, on a number of occa- tion. I thank the Senator from Dela- perienced and committed Secretary of sions as an expert witness, which is a ware for his efforts also. State. The Ambassador’s skills and difficult role to carry out. But she has Mr. President, today is a historic day wisdom will be challenged every day. always done it in a very careful and for the Senate, for the Department of Secretary Albright, assuming she is well-informed manner. Early on, she State, and for the United States. going to be confirmed here momen- gained the respect and admiration of Today, we will confirm America’s 63d tarily, will also need to spend much both sides on our committee, as she Secretary of State. Madeline Albright more time with the Congress. We have worked her way up through a number will be the first woman to hold our pledged to do what we can to move of important posts before going to the country’s highest diplomatic post. America ahead in a nonpartisan or bi- United Nations as our Ambassador. Most of our Members are aware of partisan fashion. We will try to work And now I think the President is to be Ambassador Albright’ compelling per- together on arms control issues. We ex- commended in selecting her for this as- sonal history. As a child, she was pect the administration to respect the signment, which I anticipate she will forced to flee her native Czecho- Senate’s role in providing advice and discharge with equal if not greater wis- slovakia from the century’s two great consent to the significant modifica- dom and skill than her previous assign- tyrannies: Nazi Germany and Soviet tions they propose to the 1972 ABM ments. Communism. First-hand, she learned Treaty. Mr. President, I yield the floor. that freedom is not free, and that re- The administration has tried to The PRESIDING OFFICER. Who sistance to aggression is imperative. make a case for more money for the yields time? Ambassador Albright is an American United Nations and for international The Senator from North Carolina. by choice. She has served her adopted affairs spending in general. I do not be- Mr. HELMS. Mr. President, I suggest land with distinction—at the National lieve in measuring American leader- we let a quorum call be charged equal- Security Council in the Carter admin- ship by how many taxpayer dollars we ly. istration, in politics and in the aca- send to the United Nations or to AID Mr. STEVENS. Mr. President, will demic world, and most recently as U.S. contractors—especially when our de- the Senator yield just a moment? Ambassador to the United Nations. fense and intelligence capabilities have Mr. HELMS. Certainly. Certainly. When I met with Ambassador felt the impact of far more severe Mr. STEVENS. Is there time left, Mr. Albright last week, we had a good dis- budget limitations. President? cussion about a range of issues. I ex- We are also awaiting the administra- The PRESIDING OFFICER. The Sen- pressed my concern over the gradual tion’s request for funding their deci- ator from North Carolina has 19 min- decline of the role of Congress in for- sion to extend the American troop utes. eign policy—at least that is the way presence despite the promise of a 1- Mr. THURMOND. Are we going to Congress is sometimes treated by ad- year only deployment in Bosnia. On all vote, Mr. President? ministrations—a trend that is not in budget issues, we will try to work to- The PRESIDING OFFICER. The Sen- keeping with my reading of what the gether on funding the administration’s ator from Alaska is recognized. framers of the Constitution intended. priorities and our priorities in a man- Mr. STEVENS. Mr. President, I hope Ambassador Albright told me she ner consistent with the move toward a we will agree to vote as quickly as pos- taught a course on ‘‘Congress and For- balanced budget. sible, but I do want to say that I wel- eign Policy’’ and that she very much I expect to work closely with Sec- come this nomination. Madeleine understands and respects the role of retary Albright to prepare the Senate Albright at the United Nations as our the Congress in our power of the purse, and the American people for the his- Ambassador helped to make the world our sole power to declare war, and the toric expansion of the most successful realize how important it is we conserve Senate’s co-equal role in treaty mak- alliance in history—NATO. We will the oceans. She assisted in many ways ing. work to support the historic progress with those of us who are trying to real- As secretary of State, Ambassador toward peace in the Middle East, made ly protect the oceans. I welcome her Albright will face many difficult possible because the enemies of Israel coming to the Department of State issues. Perhaps her greatest challenge know that American support for our now where I think she can carry on the will be articulating a vision of Amer- democratic ally is unswerving. same fight and help us really deal with ica’s role in the post-cold-war era—a Today, with what I expect will be an the overwhelming problem of assuring vision that is readily understood and overwhelming vote, the Senate will that the oceans of the world continue supported by the American people and confirm Madeline Albright as Sec- to produce the food that mankind their elected representatives. retary of State. The confirmation proc- needs. Our leadership role in the world de- ess moved rapidly and cooperatively, The PRESIDING OFFICER. Who pends on the power of our ideals and and I think it is indicative of what we yields time? If no time is yielded, time the purpose to defend our interests. can do in the months and years ahead. will be charged to both sides. And it depends on the support of our I want to offer my congratulations to The Senator from North Carolina. citizens for a leadership role. I believe Secretary-to-be Albright, her family Mr. HELMS. I suggest the absence of the American people know America and her friends on this historic occa- a quorum. must remain engaged in the world, and sion. I believe President Clinton made The PRESIDING OFFICER. The that they will be willing to support our a sound choice, and I believe Secretary clerk will call the roll. engagement because it is ultimately to Albright will serve America honorably. The legislative clerk proceeded to the benefit of each and every Amer- With that, Mr. President, I have been call the roll. ican. asked to yield back time on both sides. Mr. LOTT. Mr. President, I ask unan- In just the coming months, Ambas- I believe we are prepared to vote. imous consent that the order for the sador Albright will have a very full The PRESIDING OFFICER. All time quorum call be rescinded. agenda—on Capitol Hill and around the is yielded back. The question is, Will The PRESIDING OFFICER. Without world. There are continued concerns the Senate advise and consent to the objection, it is so ordered. about Russia’s future, the threats nomination of Madeleine Korbel Mr. LOTT. Mr. President, I believe posed by rogue regimes from Iran and Albright, of the District of Columbia, we are prepared to complete the debate Iraq to Libya and North Korea, the to be Secretary of State? The yeas and on the nominee to be Secretary of spread of weapons of mass destruction, nays have been ordered. The clerk will State. terrorism, international crime, and call the roll. I commend the committee members narcotics trafficking, the United The legislative clerk called the roll. for the way they have handled this States relationship with Asia’s emerg- Mr. FORD. I announce that the Sen- matter. Obviously, it was expeditious ing giant—China, pursuit of a lasting ator from West Virginia [Mr. ROCKE- and a very pleasant experience. I thank and secure peace in the Middle East, FELLER] is necessarily absent.

VerDate Mar 15 2010 22:20 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\1997SENATE\S22JA7.REC S22JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 22, 1997 CONGRESSIONAL RECORD — SENATE S617 The PRESIDING OFFICER. Are there tunda, will serve to remind future gen- a case pending in the United States any other Senators in the Chamber erations of his service to his State and District Court for the District of Co- who desire to vote? to his country. lumbia, and ask for its immediate con- The result was announced—yeas 99, Just 2 days after the Charleston, WV, sideration. nays 0, as follows: ceremony, ROBERT BYRD achieved an- Mr. President, on April 9, 1996, Presi- [Rollcall Vote No. 1 Ex.] other major distinction. On January 13, dent Clinton signed into law the Line YEAS—99 1997, he became the fourth longest serv- Item Veto Act. This act was the prod- Abraham Faircloth Lieberman ing U.S. Senator in the history of our uct of years of legislative consider- Akaka Feingold Lott republic, with a service record of 38 ation and much protracted debate. Allard Feinstein Lugar years and 10 days. Beginning January 1 of this year and Ashcroft Ford Mack Baucus Frist McCain Think of it, Mr. President. Of the through the year 2004, the Line Item Bennett Glenn McConnell 1,843 past and present senators, only Veto Act provides the President with Biden Gorton Mikulski three have served longer than ROBERT the authority, under a set of carefully Bingaman Graham Moseley-Braun YRD ENATOR circumscribed limitations, to cancel Bond Gramm Moynihan C. B . In another 3 years, S Boxer Grams Murkowski BYRD will exceed the 41-year service particular items of appropriation, di- Breaux Grassley Murray record of my immediate predecessor rect spending or limited tax benefit in Brownback Gregg Nickles from Mississippi, John C. Stennis. any bill. Bryan Hagel Reed The President must report any such Bumpers Harkin Reid After that, Senator BYRD’s only chal- Burns Hatch Robb lengers will be the current record hold- cancellation to Congress by special Byrd Helms Roberts er, Carl Hayden of Arizona—41 years message within 5 days after his ap- Campbell Hollings Roth proval of the bill containing such Chafee Hutchinson Santorum and 10 months, and the current second Cleland Hutchison Sarbanes longest serving member, our highly re- spending or tax provisions. Congress Coats Inhofe Sessions garded colleague from South Carolina, then has the opportunity to decide Cochran Inouye Shelby STROM THURMOND. whether to pass a law disapproving the Collins Jeffords Smith Bob President’s cancellation and man- Conrad Johnson Smith Gordon H I shall have more to say about Sen- Coverdell Kempthorne Snowe ator THURMOND in May of this year, dating the spending or tax benefit. Craig Kennedy Specter when he breaks Senator Hayden’s As I have stated, this Act was passed D’Amato Kerrey Stevens record. after much consideration and debate Daschle Kerry Thomas DeWine Kohl Thompson Each of us in this body, from the understanding the potential Constitu- Dodd Kyl Thurmond most junior to the most seasoned, tional implications. In the end, Con- Domenici Landrieu Torricelli would do well to pay close attention to gress determined to empower the Presi- Dorgan Lautenberg Warner dent in this manner in recognition of Durbin Leahy Wellstone ROBERT C. BYRD—a man of great his- Enzi Levin Wyden torical knowledge. When ROBERT C. the fact that strong tools are necessary if we are to achieve our goal of finally NOT VOTING—1 BYRD speaks about the role of the Sen- ate in American Government, he de- getting the Federal budget in balance. Rockefeller serves our most careful attention. Mr. President, the distinguished Sen- The nomination was confirmed. On behalf of all Senators, I commend ator from West Virginia, Mr. BYRD, and Mr. HELMS. I move to reconsider the Senator BYRD for his long service to three other of our colleagues, the vote. our country. former senior Senator from Oregon, Mr. BIDEN. I move to lay that mo- (Applause, Senators rising.) Mr. Hatfield, the senior Senator from tion on the table. f Michigan, Mr. LEVIN, and the senior The motion to lay on the table was Senator from New York, Mr. MOY- agreed to. ORDER OF PROCEDURE NIHAN, joined by two Members of the f Mr. LOTT. Mr. President, momen- House of Representatives, have filed an LEGISLATIVE SESSION tarily, we hope to propound a unani- action in the United States District The PRESIDING OFFICER. Under mous-consent agreement about the Court for the District of Columbia the previous order, the Senate will re- time and how we will handle the nomi- challenging the constitutionality of sume legislative session. nation of our colleague, former Senator the act. They assert in their lawsuit The Chair suggests the absence of a Bill Cohen. We are working on the final that the act violates the lawmaking quorum. The clerk will call the roll. preparation and notification on that, provisions of article I of the Constitu- The assistant legislative clerk pro- and then we will ask for an agreement tion by authorizing the President to ceeded to call the roll. at that time. nullify the effect of portions of re- Mr. LOTT. Mr. President, I ask unan- f cently enacted laws. imous consent that the order for the The lawsuit at issue was commenced AUTHORIZING SENATE LEGAL pursuant to a special judicial review quorum call be rescinded. COUNSEL REPRESENTATION The PRESIDING OFFICER. Without provision, section 3 of the act, author- objection, it is so ordered. Mr. LOTT. Mr. President, I ask unan- izing the filing of an action by any imous consent that the Senate proceed f Member of Congress to seek declara- to the immediate consideration of Sen- tory or injunctive relief on the ground ANOTHER RECORD FOR ROBERT C. ate Resolution 21, submitted earlier that the act violates the Constitution. BYRD today by myself and Senator DASCHLE. This judicial review provision also Mr. LOTT. Mr. President, so far, Jan- The PRESIDING OFFICER. Without gives each House of Congress the right uary has been quite a month for our objection, it is so ordered. to intervene in the suit in defense of highly esteemed colleague, the senior The clerk will report. the act. Further, the law provides for Senator from West Virginia. On Janu- The legislative clerk read as follows: direct appeal from any decision of the ary 8, Senator ROBERT C. BYRD ob- A resolution (S. Res. 21) to direct the Sen- district court to the Supreme Court served the 50th anniversary of the day ate legal counsel to appear as amicus curiae and requires both courts to expedite he entered public service as a member in the name of the Senate in Sen. Robert C. their handling of the action. of the West Virginia House of Dele- BYRD, et al. v. Franklin D. Raines, et al. The Department of Justice will rep- gates. The PRESIDING OFFICER. Is there resent the defendants in the lawsuit, To commemorate this significant objection to the immediate consider- namely the Director of the Office of event, Senator BYRD returned to the ation of the resolution? Management and Budget and the Sec- West Virginia State capitol on January There being no objection, the Senate retary of the Treasury. As such, there 11 to join hundreds of grateful West proceeded to consider the resolution. appears to be no need for the Senate to Virginians and other friends in the un- Mr. LOTT. Mr. President, the resolu- intervene formally in the suit as a veiling of a bronze statue. tion directs the Senate legal counsel to party defendant. This likeness of Senator BYRD, appear as amicus curiae, as friend of Nonetheless, title VII of the Ethics in prominently placed in the capitol’s ro- the court, in the name of the Senate in Government Act authorizes the Senate

VerDate Mar 15 2010 22:20 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\1997SENATE\S22JA7.REC S22JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S618 CONGRESSIONAL RECORD — SENATE January 22, 1997 to appear as amicus curiae, or friend of though not convinced, that the mere cated our constitutional powers by del- the court, in this or any such legal ac- threat of a Presidential veto will cause egating to the President powers that tion in which the powers and respon- Members of Congress to rethink put- we do not have authority to delegate. sibilities of the Congress under the ting special interest items in appro- There is strong historical evidence in Constitution are placed in issue. priations bills like aquaculture centers tax and tariff law that proves Congress Mr. President, appearance as amicus to study shrimp in landlocked Arizona, can delegate this kind of power to the curiae in this lawsuit would enable the bicycle paths, and millions of dollars President. The delegation of power is Senate to present to the court its rea- for pony trekking facilities in Ireland. narrowly defined and limited to can- sons for enacting the Line Item Veto The time has come to force Congress celing dollar amounts of discretionary Act and the basis for its position that and the President to take responsi- budget authority in an appropriation the law is consistent with the Con- bility for how we are spending tax- law, new items of direct spending, or stitution. payers’ dollars. limited tax benefits for the sole pur- This resolution I offer today will au- The purpose of the line-item veto is pose of deficit reduction. The statute thorize the Senate legal counsel to ap- to reduce the deficit by allowing the outlines strict prescriptions for how pear in this case in the name of the President to cancel wasteful Congres- the President must use this authority Senate as amicus curiae to support the sional spending. Prior to passage of and gives Congress an opportunity to constitutionality of the Line Item Veto this important Government reform overturn the President’s cancellation Act. tool, it was easy for Members to slip under expedited procedures. All of The Senate, through the Senate legal projects into large appropriations bills these limitations on the President’s counsel, would not take any position or tax bills and not have to be account- use of this power ensure the constitu- on the other issues, such as those re- able for wasting taxpayers’ hard-earned tionality of this process change. lated to the constitutional standing of dollars. When these large bills came to Despite what the plaintiffs in this the plaintiffs in the suit to bring the the President, often on a deadline, his case may lead you to believe, I have action, and the timeliness, or ripeness, hands were tied, leaving him with a found nothing in the Constitution that of the issues before the court, that may take-it-or-leave-it decision on the en- requires the President to spend every be considered by the court in the case tire bill. In essence, the old system al- dollar that Congress appropriates. Our as such issues are not covered by the lowed both Members of Congress and opponents would like to equate pre- explicit terms of the resolution. the President the ability to blame each serving Congress’ autonomy to spend Mr. MCCAIN. Mr. President, I rise in other and point fingers without accept- taxpayers money with protecting the strong support of the resolution that is ing responsibility for these ridiculous delicate balance of power of our gov- before the Senate. projects. ernment. Actually these big spenders The court challenge launched by a This resolution directs the Senate are trying to cling to power that has few Members of Congress is simply an legal counsel to appear in the name of been unfairly tipped in their favor. effort to continue their battle to pre- the Senate to defend the constitu- Since Congress usurped the President’s serve the status quo budget process—a tionality of the Line Item Veto Act, power to impound funds in 1974, it has Public Law No. 104–130, 110 Stat. 1200 budget process that favors seniority and the Appropriations Committee, been Congress that has upset the deli- (1996). While both the Line Item Veto and one that allows Members to hide cate balance of power in our govern- Act and the Ethics in Government Act wasteful and parochial spending ment system. of 1978 provide authority for the Senate Congress’ power has been even fur- projects in large appropriations bills to intervene or appear as amicus curiae ther expanded by the evolution of a that previously the President was in legal proceedings, the adoption of a budget process that results in huge ap- forced to sign or reject in total. Some resolution by the Senate is necessary propriations bills, omnibus tax and rec- of these members support the current in order to activate participation by process because they directly benefit onciliation measures as well as passage legal counsel. By adopting this resolu- from it. Last September, the Portland of continuing resolutions at the last tion, we will ensure that the Senate is Oregonian reported that since 1980, minute just before the fiscal year ends. fully represented in the case of Sen. former Senator Hatfield sent $3.2 bil- In addition, this process of passing Robert C. Byrd, et al. versus Franklin lion home to Oregon. It is simply not enormous bills has substantially under- D. Raines, et al., which is pending in fair to allow a disproportionate share cut the current veto power to challenge the U.S. District Court. of taxpayer dollars to be distributed on wasteful spending measures. I doubt The case that has been filed by Sen- the basis of position or committee as- our founding fathers could have ever ator BYRD, former Senator Hatfield, signment. envisioned fathomed legislation total- Senator LEVIN, Senator MOYNIHAN, The Line Item Veto Act ends this ing hundreds of pages. In their day, an Representative SKAGGS, and Represent- practice of unaccountable spending by appropriations bill was one page—giv- ative WAXMAN challenges the constitu- allowing the President to use an en- ing the President a relatively easy tionality of the Line Item Veto Act on hanced rescission process that builds choice. the grounds that it violates article I of on the President’s current authority The line item veto finally puts the the Constitution. I firmly believe that under the Impoundment Control Act of President on a level playing field with their assertion is false and that the 1974. It strengthens the existing rescis- the Congress by giving the President a Line Item Veto Act which was passed sion authority by placing the onus on necessary tool to govern responsibly in last year by an overwhelming vote of 69 Congress to overturn the President’s light of the how the legislative process to 31 is constitutional. rescissions rather than waiting for has evolved. For over 25 years it has The act passed last year was very Congress to act on rescissions that the actually been Congress that has quiet- carefully drafted to ensure constitu- President recommends. ly undermined our system of checks tionality. While I would not presume to History shows the current rescission and balances. Passage of the line item tell the court how they should rule on process simply does not work because veto was necessary to restore an equi- this case, I am confident that the Sen- it is too easy for Congress to delib- librium between the executive and leg- ate legal counsel will present a very erately fail to act. Since 1974 only $23.7 islative branch. compelling argument that proves that billion of the $74 billion in rescissions The line item veto in no way alters Congress does have the authority to proposed by Presidents have been or violates any of the principles of the delegate this very limited and strictly adopted. That is just 32 percent—not a Constitution. It preserves wholly the defined power to the President. very good batting record. It was, after right of the Congress to control our Our $5 trillion debt, our voracity for all, our frustration with the current Nation’s purse strings—a trust I might spending and our lack of political cour- process and the Congress’ insatiable add the Congress has often violated. age to cut spending led Congress to appetite for spending that led Congress The law as crafted does nothing more pass the Line Item Veto Act. Finally, to cede this limited authority to the than embrace the Constitutional tenet Members of Congress will be forced to President. to give the President functional veto defend their pork barrel spending Our opponents will attempt to per- power. I am confident that the court projects publicly. I am hopeful, al- suade the courts that we have abdi- will look at this new authority in light

VerDate Mar 15 2010 22:20 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\1997SENATE\S22JA7.REC S22JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 22, 1997 CONGRESSIONAL RECORD — SENATE S619 of the historical evidence and court turn to executive session to consider Cohen is well known by all Members of precedent and find that it is fully con- the nomination of William Cohen, to be the Senate for his distinguished 18 stitutional. Secretary of Defense, and that the time years of service in the Senate rep- I do not believe it is necessary to en- on the nomination be limited to 20 resenting the people of Maine. Each of gage in a lengthy discussion about the minutes under the control of the chair- us is aware of his character, ability, line item veto since the Senate has al- man, Senator THURMOND, and 15 min- and dedication to providing unques- ready debated this subject vigorously utes under the control of the ranking tioned support for our men and women and I believe the record speaks for member, Senator LEVIN, and following in uniform. Senator Cohen has repeat- itself. I would, however, like to remind the conclusion or yielding back of the edly demonstrated a vision for how the the Senate that two former solicitors time, the Senate proceed to vote on the United States must meet its defense general—one Democrat and one Repub- confirmation of Senator Cohen. needs. I believe that as the Secretary lican—testified before Congress that The PRESIDING OFFICER. Without of Defense, Bill Cohen will continue to the law is fully constitutional. The objection, it is so ordered. demonstrate the strong independent American Law Division of the Congres- f characteristics of New England gentle- sional Research Service reviewed the men and will lead the Clinton adminis- NOMINATION OF WILLIAM COHEN law and asserted ‘‘nothing in delega- tration to provide adequately for the OF MAINE TO BE SECRETARY OF tion doctrine suggests that Congress security of the Nation and those who DEFENSE OF THE UNITED may not delegate powers . . .’’ And the serve in our Armed Forces. STATES Justice Department reviewed the legis- Mr. President, as chairman of the lation before the President signed the The legislative clerk read the nomi- Armed Services Committee, I urge the bill and determined it was constitu- nation of William Cohen of Maine to be Senate to confirm William S. Cohen, a tional. Secretary of Defense of the United dedicated public servant, as the next In closing, let me say, I look forward States. to working with the President to help Secretary of Defense. Mr. LOTT. Mr. President, I have just The PRESIDING OFFICER. Who him identify spending and tax provi- one bit of clarification. We had hoped sions that he should cancel. I hope that yields time? to have a full discussion of support for Mr. LEVIN addressed the Chair. President Clinton has the political Senator Cohen on Thursday. But we do The PRESIDING OFFICER. The Sen- courage to exercise this authotity dili- have the wake and funeral of our ator from Michigan. gently and will not bow to the prolific former colleague, Senator Tsongas. We Mr. LEVIN. Mr. President, I yield spenders in Congress, thus squandering myself 5 minutes. this historic opportunity. The Amer- are trying to accommodate Senators Mr. President, I am pleased to join ican people have waited for this for who need to leave this afternoon to go the chairman of the Armed Services over 120 years. Let us not disappoint up to Massachusetts for the wake and Committee in supporting the nomina- them. for other commitments that were made Mr. LOTT. Mr. President, I ask unan- tonight. We needed to go ahead and get tion of our former colleague, Senator imous consent that the resolution be this done today because Senators Bill Cohen, to be Secretary of Defense. agreed to, the motion to reconsider be would not get back until late tomorrow I want to commend President Clinton laid upon the table, and that any state- afternoon. I apologize to Senators who for his willingness to reach across ments relating to the resolution appear may not have as much time as they party lines to select a creative and at the appropriate place in the RECORD. wanted. I encourage those Senators to independent thinker like Senator Before the Chair’s ruling, for the in- stay after the vote to speak on this, if Cohen to serve as his Secretary of De- formation of all Senators, this is a res- they wish. fense. With this appointment, the olution that allows the Senate legal So for the information of all Sen- President has shown his commitment counsel to file a brief on behalf of the ators, another vote is expected on the to a bipartisan foreign policy and a Senate with regard to support for the confirmation of our former colleague, strong national defense. He has se- line-item veto. Senator Cohen, at approximately 3:25 lected someone who has very strong The PRESIDING OFFICER. Without p.m. today. feelings about the role of Congress in objection, the resolution and its pre- Following that confirmation vote, making national security and foreign amble are agreed to. there will be an additional period for policy, and on the need for close con- The resolution (S. Res. 21) was agreed morning business in which to introduce sultation between the President and to. bills and make statements. However, Congress in this area. I hope that Con- The preamble was agreed to. there will be no further rollcall votes gress will reciprocate by working The resolution, with its preamble, is today. The next opportunity the Sen- closely and constructively with the as follows: ate will have for votes, at this point, President and his new Secretary of De- S. RES. 21 looks like Tuesday of next week. But fense. Whereas, in the case of Sen. Robert C. Byrd, we will further confirm that when we Mr. President, I come from a State et al. v. Franklin D. Raines, et al., C.A. No. 97– do our closing statement later today. that was represented in the Senate for 0001, pending in the United States District I yield the floor. 23 years by Senator Arthur Vanden- Court for the District of Columbia, the con- berg, who perhaps more than any other stitutionality of the Line Item Veto Act The PRESIDING OFFICER. Who (Public Law 104–130; 110 Stat. 1200), has been yields time? Senator in history stands for biparti- placed in issue; Mr. THURMOND. Mr. President, I sanship in national security and for- Whereas, pursuant to sections 703(c), 706(a), yield myself 21⁄2 minutes. eign policy. I also sit on the Armed and 713(a) of the Ethics in Government Act I want to thank the majority leader, Services Committee where Senator of 1978 (2 U.S.C. 288b(c), 288e(a), 288l(a)), the Senator LOTT, and the minority leader, Cohen, for 18 years, served with me and Senate may direct its counsel to appear as Senator DASCHLE, for taking up the displayed to me over and over and over amicus curiae in the name of the Senate in any legal action in which the powers and re- nomination of our former Colleague again, as he did to all of our colleagues sponsibilities of Congress under the Con- Senator Bill Cohen to be Secretary of during this period, his instinct to be a stitution are placed in issue: Now, therefore, Defense. As all Senators know, Sec- true American patriot—not a Repub- be it retary Perry, who has ably led the De- lican, not a partisan, but a patriot Resolved, That the Senate Legal Counsel is partment of Defense for the past 3 when it comes to American security directed to appear as amicus curiae on behalf years, has departed. It is therefore es- and foreign policy issues. I look for- of the Senate in the case of Sen. Robert C. sential that we fill the position of Sec- ward to working with him in his new Byrd, et al. v. Franklin D. Raines, et al., to de- fend the constitutionality of the Line Item retary of Defense as quickly as pos- capacity to continue that tradition. Veto Act. sible. Senator Cohen’s experience in the The Armed Services Committee met Senate should serve him well as he f this afternoon in an executive session moves on to his new position. In his ca- EXECUTIVE SESSION and unanimously voted to recommend pacity as a member of the Armed Serv- Mr. LOTT. Mr. President, I ask unan- the confirmation of Senator Cohen as ices Committee, Senator Cohen has imous consent that the Senate now re- the 20th Secretary of Defense. Senator been a leader in virtually every major

VerDate Mar 15 2010 22:20 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\1997SENATE\S22JA7.REC S22JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S620 CONGRESSIONAL RECORD — SENATE January 22, 1997 national security debate in the Con- to Bosnia. One, that we are going to Mr. THURMOND. Mr. President, how gress for the past two decades. He was need some kind of an outside force at much time do I have on my side? a forceful advocate for improving the the end of the 18-month period which is The PRESIDING OFFICER. The Sen- quality—and the quality of life—of the currently the mission length in Bosnia. ator from South Carolina has 18 min- All Volunteer Force in the late 1970’s. For a number of reasons, in my judg- utes. He played a key role in the Armed ment, there is no way that the current Mr. THURMOND. Mr. President, I Services Committee in drafting and so-called stabilization force can leave now yield 10 minutes to the able Sen- passing the landmark Goldwater-Nich- Bosnia at the end of 18 months with ator from Maine, Senator SNOWE. ols Department of Defense Reorganiza- any other result but that the same sit- The PRESIDING OFFICER. Senator tion Act in the mid-1980’s, as well as uation will return to Bosnia as pre- SNOWE is recognized. the legislation that strengthened our viously existed there. Ms. SNOWE. Mr. President, I thank Special Operations Forces. He has been Conclusion No. 1: There will need to the chairman of the Armed Services Committee for yielding me this time an innovative thinker in the area of be some form of an outside armed force this afternoon. arms control, and he helped force a bi- to help maintain the stabilized situa- Mr. President, today the Senate will partisan compromise on antiballistic tion which we are now creating in Bos- nia. have the opportunity to vote on the missile policy in the last Congress. confirmation of America’s next Sec- Senator Cohen has also shown his But, No. 2, we should not have our ground forces in Bosnia at the end of 18 retary of Defense. ability to work in a constructive man- This is, of course, a position of tre- ner across party lines on the Govern- months. Europe should take a greater responsibility, and there is a new de- mendous importance and responsi- mental Affairs Committee, where he bility—particularly as we look toward and I served on the same subcommittee velopment inside of NATO which makes that a possibility. a new millennium and the national se- for 18 years, alternating as chairman curity challenges that it will present. and ranking minority members. We There is a new development inside of NATO which is very fortuitous, which These challenges will be many: restruc- worked together on all of the recent makes it possible for Europe to take turing our forces, modernizing our de- acquisition reform legislation, includ- over the leadership of any follow-on fense, reconciling our defense needs ing the Competition in Contracting force after 18 months. That fortuitous with the realities of our budget, our Act, the Federal Acquisition Stream- development is that NATO is devel- ongoing interests in the Mideast and lining Act, and the Information Tech- oping a European security and defense Bosnia, and the potential for other con- nology Management Reform Act. We identity within the alliance which will flicts yet unknown. And as always, the cooperated on oversight hearings that permit European NATO nations, with world will be looking to us—the great- led to significant savings in defense in- NATO consent, to carry out operations est democracy on Earth—for strong ventory, the purchase of commercial under the political control and stra- and just leadership. items, and DOD travel costs —every- tegic direction of the western European So the individual who will hold this thing from the purchase of commercial Union, using NATO assets and NATO office must be of the highest moral and items—where we worked closely to- capabilities. That European initiative intellectual fiber. This is why I am gether to make sure we buy more com- inside of NATO is the appropriate fol- pleased and honored to rise today in mercial items, to DOD travel costs— low-on force after this 18-month period strong support of the nomination of where we worked to try to reduce the is over, should a follow-on force be nec- William S. Cohen to be our next Sec- administrative costs associated with essary. In my judgment, at least, it retary of Defense. DOD. will be. While there are now Senators in this Outside the defense arena, we worked I was pleased that Senator Cohen Chamber who have never served with side-by-side on the Senate floor to shared my view that U.S. combat Bill, I feel confident in saying that enact the Independent Counsel Act, the forces should not remain on the ground every one of them is nonetheless famil- Whistleblower Protection Act, and the in Bosnia for more than 18 more iar with his contributions to this insti- Lobbying Disclosure Act. months, and that he shared my opti- tution. The Department of Defense and the mism that it was at least possible that And yet, as we approach the time Nation are fortunate to have been this new European security and defense when we will confirm Bill Cohen as served by a long line of capable and ef- initiative would be the right follow-on Secretary of Defense, I feel compelled fective Secretaries of Defense. I look force in Bosnia should an outside to share with you my thoughts about forward to working with Senator armed force continue to be necessary. Bill as a person, as a Senator, and as a Cohen to help him continue that tradi- Although Senator Cohen has served leader. tion of effective leadership, and I am on the Armed Services Committee for It seemed just yesterday that I stood confident that my colleagues on both the past 18 years, the committee car- on this very floor to pay tribute and re- sides of the aisle share this view. ried out the same thorough review of spect to a friend and colleague who was Mr. President, at this morning’s this nomination that we do for all bidding farewell to the institution he hearing of the Armed Services Com- nominations that come before the com- had served so well for 18 years. I talked mittee, I shared with Senator Cohen mittee. We carefully reviewed his fi- about Bill Cohen the man, and how he my experience from a visit that I re- nancial disclosure and his responses to helped perpetuate the Senate’s claim cently made to Bosnia with Senator the standard committee questionnaire. as the greatest deliberative body on JACK REED, during which we met with In late December, the committee sub- Earth. And I talked about how he made our military personnel—the men and mitted an extensive set of policy ques- Maine and the Nation proud. Little did women of our Armed Forces serving tions to Senator Cohen. His written an- I know—but little am I surprised—that there—and our leadership, as well as swers were made available to all com- I would soon stand before you speaking the governmental leadership inside mittee members and are part of the of how the country has lost a Senator Bosnia and Serbia. committee’s written record of this but soon will gain an outstanding Sec- We met with the three Presidents nomination. Earlier today, the com- retary of Defense. and two Prime Ministers of Bosnia and mittee conducted a lengthy hearing It has been said that the world is di- Hercegovina, with General Crouch, the with the nominee and examined his vided into those who want to become Stabilization Force or SFOR Com- views on the full range of national se- someone, and those who want to ac- mander, and the United States and curity issues facing the United States. complish something. The irony is that French sector commanders and troops, Mr. President, based on the commit- in setting out to accomplish some- the Dayton Agreement High Represent- tee’s review of this nomination, and thing, Bill Cohen has also become ative Carl Bildt, and United States Em- based on my own experience working someone—someone we admire, some- bassy personnel. with Senator Cohen over the past 18 one we respect, and someone who can As a result of these meetings, I have years, I urge my colleagues to join me be entrusted with one of the toughest reached a conclusion, which I shared in supporting this nomination. and most demanding jobs in the world. with Senator Cohen this morning, that The PRESIDING OFFICER. Who Like the historic Maine lighthouses two things are going to be true relative yields time? that dot Maine’s coastline, Bill’s

VerDate Mar 15 2010 22:20 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\1997SENATE\S22JA7.REC S22JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 22, 1997 CONGRESSIONAL RECORD — SENATE S621 record has been a beacon of light. His The defense of our Nation is one of thoughtful selection of Bill Cohen to be vision and resolve stood fast against the most sacred responsibilities of the our next Secretary of Defense, and I the buffeting winds of political change. Federal Government. ‘‘Life, liberty and am thankful that Bill Cohen has de- In a volatile and stormy climate, Bill the pursuit of happiness’’ is a meaning- cided to continue his commitment to Cohen and his rich experience in public less concept unless we have the desire public service. service helped guide us to calmer and the ability to defend those rights Bill Cohen brings to the Pentagon waters. But while skillful in getting against those who would subvert them. not just a sense of bipartisanship. He things done, politics is not what moves We entrust the person who oversees our also brings to the Cabinet expertise in Bill. Principles and ideas are what Bill Armed Forces with nothing less than working with Congress. And I expect Cohen is really about. the defense of the Constitution and the we are going to be hearing a lot from That’s why Bill became the standard- greatest democracy the world has ever Bill because he is familiar with this bearer for modern Maine politics from known. That is a tall order, but it is end of Pennsylvania Avenue. He knows his first days in public service. without reservation that I will put my that to be an effective Secretary of De- Born and raised in Bangor, where his full faith and trust in Bill Cohen to be fense one must have a strong and trust- parents ran a bakery, he graduated that person. worthy relationship with the U.S. Con- from Bowdoin College and from Boston As we all know, Bill is a respected gress. University Law School 3 years later. and expert voice on intelligence and Mr. President, my fellow colleagues, After practicing law in Bangor for sev- national security issues. As chairman the world today is much different than eral years, Bill was elected to the Ban- of the Armed Services Subcommittee the world of even 10 years ago. The gor City Council in 1969 and then on Seapower and chairman of the Sen- Berlin wall has now been relegated to served as mayor of Bangor. It was clear ate Intelligence Committee, he played its rightful place—our museums. The early on that he would have a distin- a leadership role in defense policy at a Soviet Union is no more. And young guished career in public service. critical time in our Nation’s history, Americans no longer go to sleep fearing In 1972, he was elected to the House through some of the most trying days that morning may never come. But let from Maine’s Second Congressional of the cold war and the challenging mo- us make no mistake. The world is still District and faced the toughest chal- ments thereafter. Bill authored the nu- a volatile and dangerous place, and lenge of his fledgling tenure in Con- clear arms build-down proposal which that is why we need a person of Bill gress. became the United States position in Cohen’s caliber standing watch, willing In the stormy sea of the Watergate negotiations with the Soviet Union. He to fight, willing to stand up for his scandal, while America was suffering a crisis of confidence, Bill Cohen charted forged a bipartisan compromise on an principles, willing to take the time to a course straight through the heart of antiballistic-missile policy, and his un- do what he believes is right. These are some of the qualities that the storm as a member of the House wavering commitment to a strong na- Bill Cohen will bring to the Pentagon, Judiciary Committee, which was con- tional defense helped lay the ground- sidering Articles of Impeachment work for the fall of the Soviet empire and so I urge you to join with me in against a President of the United and the end to the cold war. proudly casting your vote to confirm Closer to home, Bill was instru- States. A freshman, Bill was already a President Clinton’s nomination of Wil- mental in bringing about significant man of conscience and courage—some- liam S. Cohen to be the next Secretary one who was willing to make the tough reforms of the Defense Department, in- of Defense for the United States of calls and risk his political future for cluding reorganizing the Pentagon and America. the sake of truth and America’s honor. the Joint Chiefs of Staff to be more ef- Thank you. I yield the floor. The PRESIDING OFFICER (Mr. And these values ultimately launched fective and prepared for combat situa- HOMAS). Who yields time? him here—to the U.S. Senate. tions and streamlining acquisition T Back in our home State of Maine, policies to ensure cost efficiency. His The Senator from South Carolina. people believe the ultimate measure of legislation also created a special oper- Mr. THURMOND. Mr. President, I a person is how close they remain to ations antiterrorism unit designed to now yield 2 minutes to the able Sen- their principles precisely when it is counter this growing scourge. ator from Texas, Senator HUTCHISON. most difficult to do so. While serving on the Armed Services The PRESIDING OFFICER. The Sen- It is a tradition that Margaret Chase Committee, Bill was visionary in re- ator from Texas is recognized. Smith and Edmund Muskie followed in shaping our military forces to be re- Mrs. HUTCHISON. I thank the Chair their personal and political lives and sponsive to the post-cold-war threats and I thank the Senator from South consistent with the ideals of Maine. that we face globally as well as sizing Carolina. Bill Cohen followed in their footsteps. and equipping forces to carry out our I support Senator Bill Cohen, now Throughout Bill’s career, Maine and national security policy. Bill has also Secretary of Defense-designate Bill America have come to know that they been a leader in shaping our policy and Cohen, because I believe he believes in can count on Bill to approach issues forces to meet the future challenges we a strong national defense, and he will with thoughtfulness and reason. And will face in the 21st century. fight to make sure that commitment Senators on both sides of the aisle de- Bill Cohen also put forward a de- remains true. He believes that the veloped a tremendous respect for the tailed proposal for reorienting our de- President should consult with Congress virtues Bill brought to this body be- fense structure in the nineties in a way before deploying American troops into cause, above all, Bill Cohen voted his that would reduce the burden on the harm’s way. He believes that mistakes mind and his conscience. And that is Federal budget and recognize changes have been made in Bosnia, and I think what Americans want in their leaders. in the threats facing the United States. he will keep his word when he gives it He has the intellect, the integrity, and It called for sacrificing conventional to Congress and to the American peo- the strength to know the right thing to forces and programs primarily designed ple regarding our role and the clear do and the right way to do it. And he to defeat Soviet aggression in Europe mission that must be stated in Bosnia. is a leader who believes in his solemn in favor of those, such as power projec- He believes that we should move into responsibility not simply to echo con- tion forces and sealift, that will be the expansion of NATO very carefully, ventional wisdom but to seriously de- needed to meet the variety of chal- understanding that this is a mutual de- liberate on the issues of the day. lenges the United States is likely to fense pact, and that we want to always This is the kind of person we need at face in our changed global arena. keep our treaty obligations and there- the helm of the most powerful defense It is precisely this kind of respon- fore we must be very careful as we give force in world history. We need some- sible, visionary leadership that will be them to make sure that we are cov- one with a firm grasp of history and a required for the next Secretary of De- ered. solid vision for the future, someone fense, so I can think of no finer nomi- Bill Cohen believes in privatization with both experience and a track nee than Bill Cohen to lead and prepare so that we will be able to maximize the record that engenders unflagging trust. the Department of Defense for this use of our defense dollars for the readi- Mr. President, Bill Cohen is such a per- coming century. I commend President ness of our forces, the greatest forces son. Clinton for his bold and wise and on the face of the Earth today.

VerDate Mar 15 2010 22:20 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\1997SENATE\S22JA7.REC S22JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S622 CONGRESSIONAL RECORD — SENATE January 22, 1997 I am pleased to support the nomina- than 600 miles across the sprawling dis- to help the President align budgets tion of Bill Cohen, and I do wish to trict, introducing himself to the vot- with priorities. Fundamental questions commend the President for making ers. I volunteered to drive the cam- will have to be answered as we prepare this kind of bold move because I think paign car as he criss-crossed the roads our military for the future wars they he has heard many of the things Sen- of northern Maine. I was inspired by will have to fight. The world is still a ator Cohen has said over the past few his determination to meet the people dangerous place. The recent missions years about the role of defense, about whom he wanted to serve in Wash- the Department has undertaken are the role of our military in this great ington and by his sincere interest in proof of that fact. As we move into the country, and I hope the President will their hopes and fears. 21st century, and as the United States listen as we move forward together in a I was also impressed then, as I am becomes more involved in crisis spots bipartisan way to the good advice I now, by his commitment to public around the world, Senator Cohen’s know Bill Cohen will give him regard- service, to doing what was best for the challenge will be help ensure that our ing the issues that are going to be be- people he represented. Over the years, I Armed Forces remain the best trained, fore us. We cannot go separately when saw countless examples of that com- best equipped fighting force in the we are talking about the troops and mitment, whether he was representing world. This is no small task, but he has the strength of our American Armed the people of the Second District as a consistently supported these objectives Forces. House Member, or the people of the in his position as a member of the Sen- whole State as a Senator. Now I have So I do support this nomination, and ate Armed Services Committee. He no doubt that he will bring the same I have every confidence that Bill Cohen played an important role in calling for dedication for public service to a job at will lead us into a strong national de- the Quadrennial Defense Review, has the highest levels of public service, one fense and also for America to keep all shown keen insights into the impor- that answers to the largest constitu- of its treaty obligations and to make tance of weapons modernization, and sure that we have the missile defense ency of all—the Nation. In the more than two decades since I has been a stalwart supporter calling technology to protect us and our first met Bill Cohen, he has been my for ballistic missile defenses. I have been very pleased to know shores and our troops when they are in inspiration, my guide, and my friend. many Secretary’s of Defense in my 24 the field. It gives me great pride to be able to be I thank the Chair, and I yield the here today to endorse his nomination. I years in the Senate, but I must say floor. am delighted that the President has that I have been especially proud to Ms. COLLINS. Mr. President, it is a made such an outstanding nomination know Secretary Designate Cohen. We tremendous honor to be able to cast for such a critical Cabinet post. This began our legislative careers in 1973. He my second vote as a U.S. Senator to morning I testified before the Senate first started in the House of Represent- confirm my friend and mentor, Senator Armed Services Committee to urge its atives, But I watched his career de- Bill Cohen, as this Nation’s Secretary prompt and favorable consideration of velop there and then in the Senate of Defense. Bill Cohen’s nomination. I am pleased where he won the respect of his col- In describing the characteristics that that the committee was able to act so leagues and became a giant here on De- make Senator Cohen so well qualified quickly to bring this outstanding nom- fense and Intelligence issues. for this job, it would be presumptuous ination to the Senate floor. And I know I have enormous respect for Sec- and unnecessary for me to detail his my colleagues will join me in unani- retary of Defense Designate Cohen. I expertise in defense matters to his mously approving Bill Cohen’s nomina- believe his confirmation will be good former colleagues in the Senate. Most tion. for the country. I think it is fair to say of you have worked closely with him Mr. DOMENICI. Mr. President, I rise that he enjoys the respect of every on defense issues for many years, and today to wholeheartedly support the Member of this body. I look forward to all of you are certainly aware of the nomination of former Senator Bill working with Senator Cohen in his new depth of his knowledge and experience Cohen to be Secretary of Defense. Sen- position as Secretary of Defense. I in this arena. Simply put, Bill Cohen’s ator Cohen will be taking on a great re- think the President has made an excel- understanding of the complexities of sponsibility in carrying out his duties lent choice in nominating him. The defense policy is unassailable. as Secretary of Defense. When con- people of Maine can be truly proud of But I do want to attest personally to firmed, he will be providing the Presi- his accomplishments, as I am proud to Bill Cohen’s integrity and character, dent with essential advice about plan- support his nomination. and on that basis there is simply no ning for the defense of our Nation and Mr. LEAHY. Mr. President, I rise in one more qualified for this enormous in making sure that America’s finest support of the nomination of William responsibility. Bill Cohen embodies the men and women have all of the assets Cohen to be Secretary of Defense. After patriotism, the thoughtfulness, the they require to carry out their mission. watching the Armed Services Com- steadfastness, and the intellect that I am pleased that the President has mittee hearings on his nomination I the task of overseeing our Nation’s se- chosen Senator Cohen for this position. am not sure whether the Senate is vot- curity requires. He brings to the job a The vast experience and knowledge he ing in confirmation or coronation of fierce dedication to his principles, a gained as a distinguished member of my friend from Maine. level-headed ability to never make a the Senate Armed Services and Intel- I can certainly understand how the rash or uninformed decision, and the ligence Committees, and this body, will committee provided such over- desire to make the Nation’s defense serve the President and the Nation whelming support for this nomination. stronger while at the same time mak- well. He is highly qualified for this im- I have enjoyed working with Bill Cohen ing it more effective and more effi- portant position. on a wide range of issues. He and I have cient. I have worked with Senator Cohen on served together on the Intelligence Most important of all, Bill Cohen will many issues and have always found Committee and we have traveled to- never put Americans troops at risk un- him to be knowledgeable, thoughtful, gether on arms control delegations. I necessarily. In every decision involving and a constructive consensus builder. am gratified by the support he has lent the deployment of our men and women He has demonstrated an ability to to efforts I have brought before the in uniform, he will see the faces of our think issues through carefully and Senate to limit the export and use of troops, not just the statistics and lo- thoroughly. His record on critical de- land mines. He has that unique New gistics. He will bring to the Pentagon fense matters during his tenure in the England philosophy, increasingly rare the reasoned, thoughtful approach that Senate speaks for itself. He has dem- these days, of working in a bipartisan matters as weighty as war and peace onstrated that he is able to analyze the fashion to build support for legislative require. critical issues and make decisions initiatives for the good of the country. I have known Bill Cohen for more based upon what his conscience tells There will be a void in the Senate with- than 24 years. I first met him when he him is that right thing to do for the out him but the nation is fortunate to was running for Congress in 1972, seek- country. have his leadership on defense issues. ing the seat representing Maine’s Sec- During this time of severe budget There are two distinct qualities ond District. He was walking more constraints I know that he will be able about Bill Cohen that I am confident

VerDate Mar 15 2010 22:20 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\1997SENATE\S22JA7.REC S22JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 22, 1997 CONGRESSIONAL RECORD — SENATE S623 will serve him well as Secretary of De- ministration’s current Department of know these will continue to be prior- fense. As all of us who have had the Defense privatization efforts. I look ities for the Pentagon under Secretary honor to serve with him know, Bill forward to working with him as we Cohen’s leadership as well. Cohen is his own individual. He is not continue to explore the best ways to Finally, it was a special privilege for afraid to stand up for what he believes preserve the readiness needs of our me to work with Senator Cohen on the is best for the Nation. He also possesses military and the most cost-effective Seapower Subcommittee for many one of the most formidable intellects means to support our military’s depot years on issues of special importance that I have worked with in my 22 years maintenance activities. I am positive to the Navy and Marine Corps. I com- in the Senate. I know that these quali- that we will have, as we have always mend him on his nomination and I look ties will serve him well as he guides had, the ability to discuss these dif- forward to continuing to deal with him the Department of Defense and advises ferences openly and honestly. on safeguarding our national defense. the President in the coming years. In closing, I was pleased to hear that Mr. DASCHLE. Mr. President, the Mrs. FEINSTEIN. Mr. President, I Senator Cohen mentioned the problem Senator from West Virginia [Mr. am pleased to speak today in support of access to bombmaking information ROCKEFELLER] asked me to submit his of President Clinton’s nomination of on the Internet during his testimony to statement in support of William Cohen former Senator William Cohen as Sec- the Senate Armed Services Committee for Secretary of Defense. As with the retary of Defense. I truly believe that today. This is a widespread problem for earlier vote on the nomination of Mad- Senator Cohen has an extraordinary which I have been seeking a solution eleine Albright to be Secretary of grasp of all defense matters, especially and I am pleased that the Secretary- State, he is necessarily absent for this issues of concern to the Navy, and will designate understands its gravity. vote because of responsibilities he has be an asset as Secretary of Defense. I am happy to give my support for in leading a trade mission from his I have always found Senator Cohen the nomination of former Senator Wil- State of West Virginia to Asia. He re- to be a fair and thoughtful public serv- liam Cohen to the office of Secretary of grets not being here to cast his own ant who takes the time to understand Defense. I am positive he will be an vote for his former colleague, Senator all issues. In fact, I am happy to say asset to the Clinton administration Cohen, and asks that his support for that when Senator Cohen speaks on and to our Nation as a whole. this outstanding nominee be noted. matters of our national defense and Mr. KENNEDY. Mr. President, I am (At the request of Mr. DASCHLE, the foreign policy, I turn up the volume on very pleased to vote for Senator Bill following statement was ordered to be my television so that I can catch every Cohen’s confirmation to serve as Sec- printed in the RECORD.) ∑ Mr. ROCKEFELLER. Mr. President, I word. retary of Defense. We are all very fa- am submitting this statement to ex- Since coming to the Senate, I have miliar with Senator Cohen’s experience press my support for the nomination of stressed the need to be more bipartisan and commitment to the Nation’s de- my former colleague, William Cohen, in all that we do. This is especially fense as a member of the Armed Serv- to be the Secretary of Defense of the true when considering what is nec- ices Committee and I am confident he United States of America. Unfortu- essary for our Nation’s security. I am will put those qualities to good use in nately, as with today’s earlier vote for convinced that with the Senator’s leading the Department of Defense into Madeleine Albright to be Secretary of nomination as Secretary of Defense our the next century. State, I am necessarily absent from the ability to work together as Democrats In the 8 years since the fall of the Senate, and am unable to cast my vote and Republicans will be enhanced as Berlin Wall, the Department has guid- for Senator Cohen. Again, because of will Congress’ ability to work with the ed our Armed Forces through a chal- plans that had to be scheduled long executive branch. The value of this co- lenging and often painful downsizing, ago, I am presently leading a group of operation cannot be underestimated. while maintaining the preeminent po- more than 30 West Virginians on a I am also pleased that Secretary-des- sition of our forces as the world’s trade mission to Japan and Taiwan ignate Cohen has a keen understanding strongest, best led, best trained, and that is called Project Harvest II. of international security issues across finest performing military. And we I personally regret, however, that I the board. He is particularly knowl- have done so while making major am missing a chance to vote on the edgeable about the Asia-Pacific region progress toward balancing the budget. nomination of William Cohen. Senator and has traveled there many times. Senator Cohen is eminently qualified Cohen and I served together in the Sen- Secretary-designate Cohen supports to carry on these important respon- ate for twelve years, and in that time continuing Secretary Perry’s strong sibilities. he distinguished himself as a serious policy of engagement with China, in- We continue to face major challenges legislator with a keen intellect who cluding extensive military-to-military in maintaining a sound defense strat- continually transcended party bound- contacts. This kind of one-on-one rela- egy to forthcoming years in the post- aries to build bridges and advance tionship with our Asian counterparts is cold-war world. America’s national interests. vital to the continued progress in our Our nuclear arsenal and that of the The challenges facing Senator Cohen foreign policy relationship. We, how- four other nuclear powers are larger today are no less daunting than those ever, must continue to maintain a and are operated on higher alerts than faced by Secretaries of Defense in strong military presence in the Pacific the threats now justify. The threat times of war and cold war. The United to protect our interests. I am con- from terrorists who seek to obtain and States stands today as the only mili- vinced that Senator Cohen will con- use weapons of mass destruction de- tary superpower in the world. That tinue to support this effort during his mands more of our attention and re- brings with it great responsibility to tenure as Secretary of Defense. sources. lead in all corners of the globe. Bill Eliminating sexual harassment and The Pentagon is embarking on a Cohen is uniquely talented to take on all forms of discrimination in our quadrennial defense review to deter- these challenges, and like my col- Armed Forces is another issue to which mine the proper balance of size, struc- leagues I applaud him for agreeing to I know the Secretary-designate will ture, and funding to keep our forces take on this challenge, and the Presi- dedicate his efforts. He was a leader equipped, trained, and ready. We all dent for nominating him. ∑ during the scourge of Tailhook and I look forward to working with Senator Mr. SPECTER. Mr. President, the am confident that he will continue to Cohen and the President to deal with Honorable William S. Cohen was a monitor the Army’s investigations into these critical issues for our national great Senator and I am confident that sexual harassment and assault inside security. he will carry on his outstanding record its ranks. Another vital challenge is to ensure in public service as Secretary of De- Finally, I know that the Secretary- that our military personnel have the fense. designate and I will have the oppor- quality of life to which their service I compliment President Clinton both tunity to discuss and to work on those entitles them. Health care, child care, for his bipartisanship for nominating matter on which we do not see eye to and adequate housing are all initia- Bill Cohen and for his wisdom in select- eye. As a Senator, Secretary-designate tives on which the committee works ing this man of unique ability and in- Cohen had differing views on the ad- closely with the Department, and I tegrity.

VerDate Mar 15 2010 22:20 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\1997SENATE\S22JA7.REC S22JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S624 CONGRESSIONAL RECORD — SENATE January 22, 1997 I have worked closely with Bill Bill Perry has proven himself as one United States troops in those instances Cohen for the past 16 years and have of the most capable Defense Secre- where there was a potential for a situa- found him to be brilliant, tenacious, taries ever, and Bill Cohen will have a tion to approach a vital national secu- honest, and hardworking. If Bill Cohen remarkable legacy to follow. But I am rity interest, such as in Bosnia. While finds all the others in a Cabinet meet- confident he shares the same kind of he clearly stated that Bosnia was not ing about to make an erroneous deci- dispassionate, in-depth analytic quali- in the vital national security interests sion, I am confident he will be smart ties and measured, even-keeled leader- of this country, he pointed out that, by enough and strong enough to persuade ship qualities that will keep America virtue of the intervention of our troops them to the correct course. safe well into the 21st century. I wish and others, we avoided a situation I look forward to working with Sec- him much success in his new position, where the conflict could have spread retary Cohen on many matters in the and with that, Madam President, I beyond the borders of Bosnia, thereby future. yield the floor. creating a situation which would be in Ms. MIKULSKI. Mr. President, I en- Mr. THURMOND. Mr. President, I the vital security interests of this thusiastically support the nomination yield 3 minutes to the able Senator country and indeed other nations. I of our colleague Senator Bill Cohen to from Virginia, Senator WARNER. will continue to work with my good be Secretary of Defense. The PRESIDING OFFICER (Ms. COL- friend to further tighten his standard I salute President Clinton for reach- LINS). The Senator from Virginia. regarding the use of U.S. troops. ing out beyond party lines. I salute Bill Mr. WARNER. I thank the chairman. There were several other issues I ex- Cohen for being ready to join the Madam President, President Clinton plored with our Secretary of Defense- Democratic Administration. They both performed an act of political courage designate during this morning’s hear- know that when it comes to the na- in reaching across the aisle and getting ing that I would like to discuss at this tional defense of our country—we have a proven Republican warrior to take on time for the benefit of the entire Sen- no party interest—just national inter- this important post. But that act is ate. The first is the critical issue of est. matched by the independence and, in- congressional involvement in inter- Senator Cohen has shown that he deed, the courage that Bill Cohen national agreements which sub- cares deeply about the national inter- brings to this office. stantively modify the ABM Treaty. I est—and that means a lot more to him For 18 years, it has been my privilege reminded Senator Cohen that during than party politics. He has proven this to be seated next to him on the Senate the last Congress—and, indeed, dating time and time again, not just on na- Armed Services Committee, and to back to 1991—he was my partner in our tional security issues but when he travel with him throughout the world. efforts to provide adequate missile de- worked on behalf of senior citizens, The hearing today was thorough, the fenses for our troops deployed overseas when he sought to reach a consensus on questions were tough, and that is the and to Americans here at home. One health care reform, when he supported way Bill Cohen would have wanted it. issue which has been of paramount con- affirmative action and when he fought That is the way the committee dealt cern to many Republican Members of for lobbying reform. His is a voice of with him today. It was not easy. It was Congress is the Clinton administra- independence, integrity, and modera- a thorough and careful hearing, and I tion’s repeated attempts during its ne- tion. commend the chairman and Senator As a member of the Armed Services gotiations with the Russians on a de- LEVIN. Committee, he was one of the Senate’s marcation agreement to apply the lim- In the course of the questioning, by most articulate voices for a strong and itations of the ABM Treaty to our myself and others, I think Senator efficient national defense. He cares shorter range, theater missile defense Cohen made—I do not think, I know he deeply about the men and women of systems. I was in Moscow in 1972 when made a commitment to the Congress our Armed Forces. He has long fought the ABM Treaty was signed. I know that he will try to work in this next to make sure that while we downsize that the ABM Treaty was never envi- our military—we do not downgrade our Clinton administration to improve the sioned to restrict our shorter range military. consultation between the President systems. Mr. President, I believe Senator and his advisers and the Congress in a Unfortunately, the battle with the Cohen is the ideal person to lead our timely manner before we commit the administration over the demarcation Armed Forces into the new century. I men and women of the Armed Forces of issue continues. Senator Cohen joined am proud to support his nomination, the United States into harm’s way. me in 1994 in cosponoring an amend- and I look forward to working with On that point, I questioned him ment to the Fiscal Year 1995 Defense him to ensure that we maintain the about what standard should be em- Authorization Act which states that best equipped, best trained, and most ployed when U.S. troops are deployed any international agreement which ethical military in the world. into hostile situations. I drew Senator substantively modifies the ABM Treaty Mr. ROBB. Madam President, in my 8 Cohen’s attention to responses given must be submitted to the Senate as a years of service in the Senate, and in by the Secretary of State-designate treaty. During last year’s conference particular during my time on the Albright at the time of her confirma- on the Fiscal Year 1997 Defense Au- Armed Services Committee and the In- tion hearing on January 8. Ambassador thorization Act, National Security Ad- telligence Committee, I have had the Albright spoke of a series of situations visor Tony Lake came before the con- privilege and honor of working with when ‘‘our interests and those of our ferees and stated unequivocally that Bill Cohen. His expertise and thought- allies may be affected.’’ In those in- the administration had determined fulness, as well as his ability to put the stances, our new Secretary of State that the demarcation agreement the national interests above partisan poli- would recommend the use of U.S. administration had tentatively con- tics, have made him an invaluable forces. I felt that we should be more ex- cluded with the Russians was indeed a asset to this body. Whether regarding plicit in defining the standard for using substantive modification of the ABM arms controls, missile defense, or ac- U.S. troops in hostile situations. In my Treaty. Despite this position, and—in quisition reform, Bill Cohen’s inde- view, the men and women of the Armed my view—the clear legal requirement pendence and reasoned approach have Forces should know, before they are that flows from the law enacted in 1994, resulted in passage of major pieces of deployed by the President and the Sec- the Clinton administration refuses to legislation on highly complex and po- retary of Defense, that the mission of acknowledge that it must submit the liticized matters. Those same qualities these fine troops is in our vital na- final demarcation agreement to the will enable our next Secretary of De- tional security interest. Congress for approval. fense to guide the Nation through an Senator Cohen came close defining To his credit, Senator Cohen re- uncertain future, and to make the the standard that I have applied on affirmed his view that agreements many difficult choices we face in rec- this issue—that is, that U.S. vital na- which represent substantive modifica- onciling protection of our vital inter- tional security interests must be tions to the ABM Treaty must be sub- ests overseas with ever-increasing de- threatened before we agree to put U.S. mitted to the Senate for consideration. mands on our Federal budget here at troops in harm’s way. But he said he I am hopeful that from his new posi- home. wanted to leave room for the use of tion, he can help us in resolving this

VerDate Mar 15 2010 22:20 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\1997SENATE\S22JA7.REC S22JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 22, 1997 CONGRESSIONAL RECORD — SENATE S625 longstanding dispute between the Con- retary of Defense. And, incidentally, he do this and keep that system free from gress and the Clinton administration. happened to be a Republican. political interference. The final issue I would like to men- This, obviously, is serious business The second area is we really cannot tion concerns the negative impact that and a serious responsibility Secretary- afford in this Nation to have more de- the Bosnia operation and other similar designate Cohen now undertakes, the fense cuts than we have already cut. I contingency operations are having on security of our country, the first re- read a quote this morning out of a new the overall level of military readiness, sponsibility of our Government; the book by Caspar Weinberger called ‘‘The and on defense funding levels. I pointed power, along with the Commander in Next War.’’ out to Senator Cohen that our troops Chief, to put American soldiers in Even to think about, much less propose, deployed to such operations as those in harm’s way. I am confident, because all further cutting our Armed Forces, betrays a Bosnia are distracted from their nor- of us know Bill Cohen. In fact, we are clear lack of real world thinking bordering mal training evolutions which are crit- in an unusual position, an advantage on denial and delusion. ical to maintaining their combat readi- that we normally do not have when we I believe Bill Cohen understands this. ness. This problem is compounded by consider nominees. We know this per- The third area is the practice of send- the ad hoc way the administration has son. We know his values. We know his ing our troops into areas where we do been funding these contingency oper- balance. We know his strength, and not have vital strategic interests at ations. As Senator Cohen acknowl- therefore we know how well prepared stake. This is something we have had a edged, we will soon be faced with a sup- he is to be the Secretary of Defense. chance to talk about. We stood on the plemental budget request of over $2 bil- He comes in at a time when America floor with Bill Cohen as a U.S. Senator, lion to fund our continued involvement is the unchallenged, strongest nation and he expressed himself very clearly in Bosnia. That $2 billion will be taken in the world. Yet, to remain that way, that we not dilute our very scarce mili- out of the critical readiness and pro- not just for today and tomorrow but tary assets by sending our troops to curement accounts which are already for the decades ahead, we must con- places that are not strategic, vital se- at dangerously low levels. Senator tinue to innovate and lead and make curity interests of the United States. Cohen recognized the problems I out- tough decisions. Just like America’s Very closely associated with that is I lined, and agreed to work with the Con- strongest companies who, after they am hoping we are going to be able to gress to find solutions. I look forward have completed years in which they get away from a problem we have had to that dialog. have made record profits, their CEO’s for quite some time, and that is the ad- Madam President, Bill Cohen will not come back and look for ways to inno- ministration coming in, encumbering only be a valuable adviser to the Presi- vate to make sure they will stay suc- us, putting our troops into areas such dent, but I think to the Cabinet as a cessful. That is exactly what Sec- as Bosnia and approximating what it whole. His hallmark in the U.S. Senate retary-designate Cohen must, and I am will cost, which was supposed to cost was to bring disparate factions to- sure will, do as our next Secretary of somewhere between $1.5 and $2 billion gether and to try to strike a common Defense. This morning he strongly sup- and now we are finding out it is going ground of understanding between the ported the quadrennial defense review to be closer to $6 billion, $6.5 billion. strongest of differing viewpoints. and national defense panel as aids to This is in a way disenfranchising the Therefore, in those Cabinet meetings, I him and us in carrying out that respon- U.S. Senate. We should be in on that anticipate he will take on an added re- sibility. decision, and I have every confidence sponsibility and role. He will quickly Madam President, let me conclude we will be in on those decisions from gain the respect, not only of the Presi- simply by saying that this new assign- this point forward. dent, but of his other colleagues. ment will test Senator Cohen’s Then the last area is one I have been Lastly, Madam President, might I strength, his foresight, and his cour- very much concerned with, and that is say, on the question of sexual harass- age. I am absolutely convinced that he our need for a sophisticated theater ment, he came down with a zero toler- is ready to pass those tests and serve missile defense system and a national ance standard. And that was a message our Nation brilliantly. missile defense system. I have stood on that I think all Americans wanted to I thank the Chair and yield the floor. this floor and shared thoughts with hear. I reminded him of the success of Mr. THURMOND. Madam President, Senator Bill Cohen concerning this the military in handling a very serious how much time do we have left? problem. This morning during the con- drug problem at the time he and I first The PRESIDING OFFICER. There firmation hearings I was just delighted came to the Senate. That is the bench- are 5 minutes remaining on both sides. to hear Senator Cohen make his state- mark for him to follow in dealing with Mr. THURMOND. Five minutes? ment as he characterized the prolifera- the sexual harassment problem, as he The PRESIDING OFFICER. On both tion of nuclear weapons and weapons of institutes that zero tolerance policy, sides. mass destruction to be the gravest which I hope he will succeed in attain- Mr. THURMOND. I yield 3 minutes to problem facing the world today. ing. the able Senator from Oklahoma. I am looking forward to voting for I thank the Chair. The PRESIDING OFFICER. The Sen- his confirmation. The PRESIDING OFFICER. The Sen- ator from Oklahoma is recognized. The PRESIDING OFFICER. Who ator from Connecticut. Mr. INHOFE. Madam President, I am yields time? Mr. LIEBERMAN. Madam President, pleased to share my feelings on a bipar- Mr. LEVIN addressed the Chair. I yield myself 3 minutes. tisan basis for the man who is probably The PRESIDING OFFICER. The Sen- I am honored to stand to support the the best qualified individual going into ator from Michigan. nomination of our former colleague, the job of Secretary of Defense in a Mr. LEVIN. I yield to the distin- Bill Cohen, to be the Secretary of De- very difficult time in this Nation’s his- guished Senator from West Virginia 4 fense. Being a member of the Armed tory. I will single out four areas where minutes. Services Committee, watching Senator he has demonstrated, in my opinion, a The PRESIDING OFFICER. The Sen- Cohen testify before us this morning, type of courage that many do not have, ator from West Virginia. you could not help but be impressed. It not to be encumbered by partisan poli- Mr. BYRD. Madam President, I com- was a tour de force—no pun intended tics or by politics in general, but to be pliment the Presiding Officer, Senator here—for our future Secretary of De- concerned only with protecting this SUSAN COLLINS, who presides over this fense. He was thoughtful, he was well Nation from attack from outside. body at this moment with a degree of informed, he was strong, and he was, I The first area is, under the BRAC dignity and skill and efficiency that is believe, ready to innovate. I think you Commission, he has made the state- so rare as a day in June. could not help but conclude, though ment in the past that the burden of I strongly support the nomination of much has been made of Senator BRAC, the Base Realignment And Clo- Senator Bill Cohen to be our next Sec- Cohen’s party affiliation, that Presi- sure Commission, was to reduce the ex- retary of Defense. He is highly quali- dent Clinton chose Bill Cohen to be our cess capacity and move that excess ca- fied for this important position from next Secretary of Defense because he pacity into consolidated functions. I the perspective of the long, creative, was the best person to be our next Sec- have no doubt in my mind but he will and intense years he has studied and

VerDate Mar 15 2010 22:20 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\1997SENATE\S22JA7.REC S22JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S626 CONGRESSIONAL RECORD — SENATE January 22, 1997 put into effect his ideas regarding a closely with Secretary of Defense Bill Senator from Rhode Island, Senator strong defense from the position of his Cohen on the very weighty and diverse CHAFEE. membership on the Senate Armed responsibilities that come with that The PRESIDING OFFICER. The Sen- Services Committee. high and critical office. ator from Rhode Island. I have worked with Senator Cohen on I yield the floor. Mr. CHAFEE. Madam President, I many issues of war and peace, of for- Mr. THURMOND. Madam President, join in the congratulations both to the eign policy, national security actions how much time do we have left? President, for having chosen Bill and have always found him to be The PRESIDING OFFICER. There Cohen, and Bill Cohen, for making him- knowledgeable, thoughtful, with excel- are 2 minutes for the Senator from self available. Bill Cohen is one of the lent insight and a distinct lack of par- South Carolina and 1 minute for the really great Senators with whom I tisanship, and always with an unusual Senator from Michigan. have had the privilege of serving in dose of excellent judgment and innova- Mr. THURMOND. I now yield 1 this body. tion. minute to the able Senator from New As the Senator from North Dakota He has always attempted to build Hampshire, Senator Smith. mentioned, he and I and others were consensus across the aisle on vital de- The PRESIDING OFFICER. The Sen- part of a centrist coalition that was bi- fense matters, and I have had this ex- ator from New Hampshire is recog- partisan, which reached across the perience in working with him when I nized. aisle. We are going to see Bill Cohen served as the Democratic leader and in Mr. BOB SMITH. I thank the distin- conduct his office in the same fashion. the context of our membership to- guished chairman of the Armed Serv- It is going to be an office that will pro- gether on the Armed Services Com- ices Committee very much and also vide for all Americans. mittee. thank you, Madam President. It isn’t It is with great pleasure that I sec- I commend President Clinton for sub- often you get the opportunity to pre- ond the nomination of Bill Cohen for mitting this outstanding—truly out- side over your predecessor’s new job. Secretary of Defense. Mr. THURMOND. Madam President, I standing—nomination. I suggest that So it is a great honor. You will learn now yield the remainder of the time to the nomination reflects highly on both when Senator BYRD gives out com- the able Senator from Idaho, Senator the Senator and the President. It high- pliments, he means them. So I think KEMPTHORNE. lights the need for bipartisan national you should take it in that vein. I am very honored and pleased and Mr. KEMPTHORNE. Madam Presi- security decisionmaking, and I feel dent, I thank the Senator from South that it will be constructive in taking proud to support the nomination of Bill Cohen, with whom I have worked on Carolina very much. politics out of defense budgeting and I enthusiastically support the nomi- defense policy. the Armed Services Committee for the past 6 years on a number of issues. I nation of Bill Cohen for Secretary of It is an act of political courage on Defense and commend the President for the part of the President, and it is compliment the President of the United States for having the courage his decision. One of the encouraging matched by the independence of judg- things Bill Cohen said today, among all ment and courage on the part of Bill to make a bipartisan selection. I don’t think he could have picked a better the other impressive things he said, Cohen over the years. Senator Cohen was his commitment to the men and has demonstrated an ability to think a one. If you want to bridge the gap, if you women in uniform. problem through carefully and clearly We have the best fighting force in the and reach consistently wise and inde- will, that sometimes occurs between those of us on the Republican side on world, but you have to take care of pendent judgments. them. So the quality of life issues that defense matters and the administra- In this regard, I commend his com- are so important to those men and tion, I think if anybody can do it, Bill ment in the committee’s confirmation women, whether they are four-star gen- Cohen can do it. He is very knowledge- hearing today that there should be an erals or new privates or midshipmen able, and I think one of the things that end to our Bosnia deployment within coming in, we need to take care of adds a different, perhaps a unique, di- the near term and that our European them, and we have a Secretary of De- mension to Bill Cohen as Secretary of allies need to finally step up to the fense who will continue what Bill Defense is his experience in foreign pol- plate and assume whatever further Perry was doing, and that is improving military peace-enforcing responsibil- icy. I have been on some trips with him the life of our men and women. ities remain at the end of that period. The PRESIDING OFFICER. The Sen- around the world, as many of my col- I know that Senator Cohen is a ator’s time has expired. The Senator leagues have, and he is very knowl- strong advocate of regular substantive from Michigan has 4 seconds. consultations between the administra- edgeable on Europe and NATO. His Mr. LEVIN. Madam President, this tion and the Congress on critical de- knowledge of the world is pretty well morning, there were three wonderful fense matters, and in particular on the unequaled. I am proud to support his introductions of Senator Cohen to the question of the deployment of Amer- nomination. Armed Services Committee. The Pre- The PRESIDING OFFICER. Who ican Armed Forces into harm’s way. I siding Officer, Senator SNOWE, and Sen- yields time? know that he urged President Bush to Mr. BIDEN addressed the Chair. ator MCCAIN made really stirring intro- come to Congress on the matter of de- Mr. LEVIN. I yield 10 seconds to the ductions of our former colleague, Sen- ploying our forces to Saudi Arabia in Senator from Delaware. ator Cohen. Not only were they won- preparation to remove Iraq’s forces Mr. BIDEN. Madam President, the derful, but it is a wonderful fact, in- from Kuwait. He has indicated that it only thing I can say in 10 seconds is it deed, that the person who is presiding is not sufficient for an administration is an inspired choice of a great man at over the Senate at this moment when to go only to the United Nations for the right time. he will be confirmed—I am sure over- such approval, and he supports his ar- The PRESIDING OFFICER. Who whelmingly if not unanimously—is not gument with both constitutional and yields time? only someone who is the successor to practical reasons. Mr. CONRAD addressed the Chair. Senator Cohen, but someone who has It is far sounder to deploy forces Mr. LEVIN. Madam President, to Senator Cohen still no doubt as a men- when an adversary knows that a na- Senator CONRAD I yield 10 seconds. tor and was, indeed, on Senator tional decision in the United States The PRESIDING OFFICER. The Sen- Cohen’s staff where she served so bril- has been taken which has been vali- ator from North Dakota. liantly as a subcommittee staff direc- dated by the people’s representatives. Mr. CONRAD. Madam President, I tor on a subcommittee that I also America’s credibility is stronger under was in the centrist coalition with Sen- chaired and was ranking member. such circumstances, and we are more ator Cohen. I have enormously high re- So I want to congratulate the Pre- likely to sustain a difficult operation gard for his integrity, his honesty, and siding Officer for being where she is at and to prevail. his ability to work with others. A su- this moment. It must be a treat, in- The nomination of Bill Cohen for perb choice. deed, for her to be sitting there. Secretary of Defense is an unusually Mr. THURMOND. Madam President, I The PRESIDING OFFICER. All time good one. I look forward to working now yield a half-minute to the able has expired.

VerDate Mar 15 2010 22:20 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\1997SENATE\S22JA7.REC S22JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 22, 1997 CONGRESSIONAL RECORD — SENATE S627 Mr. LEVIN. I ask for the yeas and for up to 10 minutes each, noting that lating to the nomination and confirma- nays. a number of Senators had hoped to tion of both now Secretary Madeleine The PRESIDING OFFICER. Is there a speak before the vote on behalf of this Albright and now Secretary Bill Cohen. sufficient second? nominee’s confirmation. I know a few I was unable to get to the floor during There is a sufficient second. would like to get their remarks in the those particular periods when their vir- The yeas and nays were ordered. RECORD at this point. Others will want tues were being extolled at some The PRESIDING OFFICER. The to introduce bills and speak on their length. I have enormous respect for question is, Will the Senate advise and legislation. them individually, as all of our col- consent to the nomination of William The PRESIDING OFFICER. Without leagues do. S. Cohen, of Maine, to be Secretary of objection, it is so ordered. I salute the leadership on both sides Defense? On this question, the yeas and Mr. GLENN. Reserving the right to of the aisle for moving these nomina- nays have been ordered, and the clerk object, I would like to have 25 minutes tions through expeditiously. I believe will call the roll. after the statements on Senator Cohen they are both committed to a strong The assistant legislative clerk called appear, if that is all right. national defense and assertive foreign the roll. Mr. LOTT. Madam President, I policy. I think they will work well to- Mr. FORD. I announce that the Sen- amend that consent to allow the Sen- gether as a team and with the Presi- ator from Ohio to take 25 minutes, ator from West Virginia [Mr. ROCKE- dent. I think their respective quick with the understanding that we have a FELLER] is necessarily absent. confirmations are good for the country. The result was announced—yeas 99, few Senators who would like to speak I commend all of those who helped to nays 0, as follows: first for not more than 10 minutes on make that possible, including my dis- behalf of this nomination. tinguished senior Senator from Vir- [Rollcall Vote No. 2 Ex.] The PRESIDING OFFICER. Without ginia and the distinguished majority YEAS—99 objection, it is so ordered. leader, as well as the minority leader, Abraham Faircloth Lieberman f Akaka Feingold Lott for what they have done. Allard Feinstein Lugar ORDER OF PROCEDURE Ashcroft Ford Mack f Baucus Frist McCain Mr. DASCHLE. Madam President, I Bennett Glenn McConnell note to those Senators who may not CONFIRMATION OF MADELEINE Biden Gorton Mikulski have been told, there are no votes to- ALBRIGHT TO BE SECRETARY OF Bingaman Graham Moseley-Braun Bond Gramm Moynihan morrow or votes on Friday. I ask the STATE Boxer Grams Murkowski leader if he can clarify that. Mr. ROBB. Mr. President, I am Breaux Grassley Murray Mr. LOTT. Madam President, for the pleased to support the distinguished Brownback Gregg Nickles information of all Senators, we are Bryan Hagel Reed choice of Madeleine Albright to be Sec- pleased to announce that there will be Bumpers Harkin Reid retary of State. Ambassador Albright Burns no further votes today. The Senate will Hatch Robb has served the country with distinction Byrd Helms Roberts be in session tomorrow, Thursday, Jan- over a 20-year period. She brings the Campbell Hollings Roth uary 23, for a period of morning busi- Chafee Hutchinson Santorum requisite skills, knowledge, and experi- ness, to continue the opportunity for Cleland Hutchison Sarbanes ence to one of the most demanding jobs Coats Inhofe Sessions Senators to offer bills and make state- in Government, and I am confident Cochran Inouye Shelby ments on behalf of those bills. Collins Jeffords Smith Bob that she will help President Clinton Conrad Johnson Smith Gordon H The Senate then is expected to recess over until Monday, the 27th, for a pro continue our leadership of the commu- Coverdell Kempthorne Snowe nity of nations. Craig Kennedy Specter forma session only. No business will be D’Amato Kerrey Stevens transacted during Monday’s session. During her confirmation hearing, Daschle Kerry Thomas The next time the Senate will be in Ambassador Albright conveyed to me a DeWine Kohl Thompson strong sense of how the United States Dodd Kyl Thurmond session to conduct business will be on Domenici Landrieu Torricelli Tuesday, January 28, when we hope and must act and lead in addressing prob- Dorgan Lautenberg Warner expect that we will have another nomi- lems around the world where our inter- Durbin Leahy Wellstone ests and values are at stake. She dem- Enzi Levin Wyden nation ready to be voted on. It hasn’t been completed yet, but we hope to onstrated a keen understanding of how NOT VOTING—1 continue next week with confirmation diplomacy and force work together to Rockefeller votes. After meeting with the Demo- advance our foreign policy goals. The nomination was confirmed. cratic leader, we will begin to also no- Ambassador Albright stated to the Mr. THURMOND. Madam President, I tify Members as to when we hope bills committee that ‘‘force, and the cred- move to reconsider the vote. will be coming up and will be ready for ible possibility of its use, are essential Mr. LOTT. I move to lay that motion vote. to defend our vital interests and to on the table. Mr. DASCHLE. Madam President, I keep America safe. But force alone can The motion to lay on the table was thank the majority leader for his com- be a blunt instrument, and there are agreed to. ments with regard to the schedule and many problems it cannot solve. To be Mr. LOTT. Madam President, I ask also for his cooperation in moving effective, force and diplomacy must unanimous consent that the President these two nominations as quickly as complement and reinforce each other.’’ be immediately notified that the Sen- we have. I believe we need to tangibly dem- ate has given its consent to the nomi- I think the widespread support for onstrate our commitment to peace and nation and that the Senate then return both nominees is a real indication of stability, in both manpower and struc- to legislative session. the kind of support both colleagues ture, as we forge a new security order The PRESIDING OFFICER. Without have, and also a real indication of the in Europe and serve as a balancing objection, it is so ordered. kind of leadership demonstrated on the wheel in Asia. American leadership abroad will depend on the President f Republican side of the aisle when it comes to these nominations. This is in and his national security team having LEGISLATIVE SESSION keeping with the comments made ear- the spine to lead our allies against in- The PRESIDING OFFICER. The Sen- lier by the majority leader. I appre- imical forces, including rogue nations, ate will return to legislative session. ciate his cooperation very much. terrorist elements, and the spread of f I yield to Senator ROBB at this time weapons of mass destruction. and reserve my right to the floor. In that regard, President Clinton has MORNING BUSINESS The PRESIDING OFFICER. The Sen- chosen well in Madeleine Albright. She Mr. LOTT. Madam President, I ask ator from Virginia [Mr. ROBB] is recog- has a direct, no nonsense style that that there now be a period for the nized. suits these times well, and will invig- transaction of routine morning busi- Mr. ROBB. Madam President, I will orate our foreign policy agenda. I look ness, with Senators permitted to speak submit for the RECORD a statement re- forward to joining hands with her as

VerDate Mar 15 2010 22:20 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\1997SENATE\S22JA7.REC S22JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S628 CONGRESSIONAL RECORD — SENATE January 22, 1997 the administration continues its ef- experience she has had in so many A NEW RECORD FOR SENATOR forts to promote freedom, peace, and roles in her past. As a professor at the BYRD security abroad. Georgetown School of Foreign Service, Mr. DASCHLE. Finally, let me just f Ambassador to the United Nations, say, for just a moment, how pleased I serving as a counselor to the President CONFIRMATION OF WILLIAM was that the majority leader marked on foreign policy, Madeleine Albright, COHEN TO BE SECRETARY OF the important new record set by our as much as anybody else, has had the DEFENSE distinguished senior Senator from West opportunity to be in the forefront of Virginia earlier today. Mr. ROBB. Mr. President, in my 8 foreign policy in this administration. Senator BYRD, having served 38 years years of service in the Senate, and in This vote, obviously, was quite his- and 10 days in the Senate, has now be- particular during my time on the toric. Madeleine Albright stands now come the fourth longest-serving Sen- Armed Services Committee and the In- as the first woman to be confirmed as ator in U.S. history behind Senators telligence Committee, I have had the Secretary of State in our Nation’s his- Hayden, THURMOND, and Stennis. privilege and honor of working with tory. I cannot think of a more appro- He is a remarkable legislator. Many Bill Cohen. His expertise and thought- priate honor to be bestowed on a of us have called attention to his fulness, as well as his ability to put the woman of this caliber and with this de- many, many records in this body now national interests above partisan poli- gree of credibility. I commend her and for some time. tics, have made him an invaluable commend the administration for nomi- I want to be among those to honor asset to this body. Whether regarding nating her for this most important po- him once more, and to call attention to arms controls, missile defense, or ac- sition. this most historic occasion. quisition reform, Bill Cohen’s inde- Again, let me congratulate Senator pendence and reasoned approach have We stand ready to work with her in BYRD on this important day, and again resulted in passage of major pieces of all the challenges that she now faces in call attention to this milestone, and legislation on highly complex and po- all parts of the world given the heavy commend the many, many citizens of liticized matters. Those same qualities responsibility that she will face her West Virginia who have shown such will enable our next Secretary of De- new role as Secretary of State. I hope good judgment to send ROBERT C. BYRD fense to guide the Nation through an that we can demonstrate that politics to the U.S. Senate not once, not twice, uncertain future, and to make the will stop at the water’s edge, as it has but on seven different occasions. many difficult choices we face in rec- this afternoon in her confirmation. I I yield the floor. onciling protection of our vital inter- look forward to working with her. And, Mr. LOTT addressed the Chair. ests overseas with ever increasing de- again, let me publicly congratulate her The PRESIDING OFFICER. The ma- mands on our federal budget here at on this historic occasion and on the jority leader. home. overwhelming support demonstrated Mr. LOTT. Thank you, Madam Presi- Bill Perry has proven himself as one for her confirmation in the vote just dent. of the most capable Defense Secre- taken. I also want to thank the distin- taries ever, and Bill Cohen will have a The same could be said of our new guished Democratic leader for his rec- remarkable legacy to follow. But I am Secretary of Defense. From the very ognition of Senator BYRD of West Vir- confident he shares the same kind of outset of his 20-plus year service in ginia. dispassionate, in-depth analytic quali- Congress, Bill Cohen has demonstrated ties and measured, even-keeled leader- ability, independence, and extraor- f ship qualities that will keep America dinary good judgment on a range of de- CABINET NOMINATIONS safe will into the 21st century. I wish fense and intelligence issues. Through Mr. LOTT. Madam President, let me him much success in his new position. his work on the Armed Services and In- Mr. DASCHLE addressed the Chair. thank the Democratic leader for his telligence Committees, Senator Cohen comments expressing his approval of The PRESIDING OFFICER. The mi- has become a real giant in the formula- nority leader is recognized. the fact that we have moved these two tion of public policy and someone to very important nominees very quickly (Disturbance in the galleries.) whom many of us have gone for coun- The PRESIDING OFFICER. The Ser- through the process. We had indicated sel, advice, and direction as we have geant at Arms will restore order in the to the President that we would try to faced many very difficult issues. He has galleries. do that and we would try to act imme- stood on this very Senate floor on diately after his inauguration to con- f many occasions to express himself firm these nominees. We will continue CONGRATULATIONS TO THE NEW clearly and unequivocally on the issues to work on our nominations that we re- CABINET MEMBERS—SECRETARY confronting this body that require very ceive from the President in an expedi- MADELEINE ALBRIGHT AND SEC- careful judgment. tious manner. I am sure there will be RETARY WILLIAM COHEN I also congratulate Senator Cohen for some that will take a little longer. But Mr. DASCHLE. Madam President, I his clear and very decisive response to we wanted to do these to make clear know there are a number of colleagues a question on the importance of the our good faith and our intentions to who wish to be recognized, and I will be Chemical Weapons Convention. He work with the President so he could very brief. I wanted to accommodate made a compelling case for this vital have his Cabinet in place, particularly all of those in the short timeframe that treaty. I hope my colleagues on both his foreign policy and national defense we had prior to the votes, so I withheld sides of the aisle were listening to the people. comment at that time. comments made by our new Secretary So thank you for your comments. We I congratulate both of our new mem- of Defense on the importance of the will continue to hopefully work that bers of the Cabinet on the strong sup- Chemical Weapons Convention. His way. port they received through the votes record in this Congress, including his f taken this afternoon. In the case of testimony before the Armed Services Madeleine Albright, I have had the op- Committee this morning, indicate why SECRETARY OF DEFENSE portunity to inform her of the Senate’s Bill Cohen is an extraordinary choice WILLIAM COHEN vote and to personally congratulate as our new Secretary of Defense. I look Mr. LOTT. Mr. President, if I could her. Let me say how pleased I am with forward to working with him. I know just briefly make some comments here the overwhelming sentiment expressed that, again, on a bipartisan basis, Bill about our good friend, the Senator by the Senate on both sides of the Cohen begins his tenure as our new from Maine, Bill Cohen, I know the aisle. Secretary with an appreciation for the Presiding Officer feels this way very, Madeleine Albright is unquestionably friendships that he has created and the very strongly, and I know she is very qualified to be Secretary of State. She standing that he continues to have in proud of his confirmation. is one of our best foreign policy minds, our body with colleagues on both sides I must say that over the course of my particularly given the extraordinary of the aisle. tenure in the Congress I have often

VerDate Mar 15 2010 22:20 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\1997SENATE\S22JA7.REC S22JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 22, 1997 CONGRESSIONAL RECORD — SENATE S629 been very honored to know Secretaries ate Armed Services Committee. Now Yet Bill’s challenge, I think, raised of Defense. We have had some great he will be in a position to help really issues that we needed to discuss and ones. Still today I consider many of do something about that. needed to consider. While I did not al- them personal friends but I have never Over the last 21⁄2 years, I must say ways come to the same conclusion he known one that I have been more proud that I think Bill Perry has performed did, I always respected his thoughtful- of than I am today of William Cohen in admirably in a very difficult environ- ness and respect for the conclusions he this new position. ment. He has often been dealt a weak reached. Bill Cohen and I came to Congress to- hand both by insufficient funds to do He now assumes a very difficult as- gether at the same time in 1973. We the job and multiple demands that had signment. These are not easy times at served in the House together. We to be fulfilled with those limited funds. the Department of Defense, not be- served in the Senate together. We But he has performed always master- cause we find ourselves engaged in any didn’t always agree. In fact, we fought fully, with intellect and integrity, and major conflict but because, for a period or disagreed pretty strongly the first I think he has artfully managed the of more than a decade, we have been couple of years we were in Congress, Pentagon at a very difficult time. So as undertaking a very significant reorga- and it took years to get over that dis- he departs, Secretary Perry should be nization following the demise of the agreement. But over that period of recognized for the fine job he did, and time in the House and Senate we be- he truly has the gratitude of the Sen- cold war and following our success in came close friends, and I grew to ad- ate and I believe all Americans for his the gulf. This is not without con- mire him and sought out his advice and service to the Department of Defense. sequence, and we are now approaching, counsel which I found always very good As majority leader and as a long- I believe, our 12th or 13th consecutive even when he didn’t agree sometimes time supporter of a strong national de- year of reductions in defense spending. with what I was trying to do. He gave fense, I look forward to working with That has taken its toll. It has placed me advice and help that was invalu- Bill Cohen as our new Secretary. Many us in a very difficult position. Sec- able. I will also be thankful for that. people have voiced surprise that the retary-designate Cohen this morning in We have much in common. We both President would make this decision, testimony before the Armed Services represent small coastal States which but I was not surprised. I knew that Committee talked about the world as it face similar challenges and interests. once he talked to Bill Cohen, he would is today, the challenges that exist in He has truly become a great friend to have to be impressed, and in fact he that world, the threats that we still me and to our people in my own home was. He recognized him as an expert in face, albeit in a different form, and the State. He has my respect and my un- defense and security policy. He is need to be militarily prepared and to qualified support as the next Secretary bright and capable. He will make an ex- have a strong national security. of Defense. ceptional Secretary of Defense, and I We are undertaking a quadrennial re- I think also we should take note of am very proud of his confirmation view process which is going to force us, the fact that this was a grand gesture today. as Secretary Cohen said, to make and by the President. The President indi- I yield the floor, Madam President. cated that he wanted to have a look at The PRESIDING OFFICER. The Sen- face some very difficult choices. The some Republicans for his Cabinet. I was ator from Virginia. declining budget has not allowed us to not sure he would do it. I know he con- Mr. WARNER. Madam President, the maintain the kind of capability that sidered several. But certainly he made Senate rules allow me to just observe many of us feel is necessary if we are a wise pick here, and it did not go un- that the Presiding Officer, most fit- going to pursue a two-regional-re- noticed by the Republicans that he tingly, is the junior Senator from sponse strategy. We face some serious made this decision. I hope he will take Maine at this time we in the Senate questions regarding modernization, the advice of his new Secretary of De- are speaking to the nomination of the balancing that with the need for readi- fense. I think he will find it interesting former distinguished senior Senator ness and the need for adequate com- and on occasion challenging and some- from Maine—most appropriate. pensation for our personnel and ade- times advice that he will not find easy I thank the Chair. I yield the floor. quate benefits for our personnel, as to accept. But it will be invariably Mr. COATS addressed the Chair. well as the research and development good advice. The PRESIDING OFFICER. The Sen- needed to take us into the next cen- Bill Cohen will have his hands full as ator from Indiana. tury. the new Secretary of Defense. Perhaps Mr. COATS. Madam President, I, too, All of these difficult choices will now the largest challenge of his illustrious join in sending my congratulations to fall to our new Secretary of Defense. career I think now looms before him. I our new Secretary of Defense, Bill He is clearly someone with whom both think it is to his credit that he was Cohen, someone with whom I have had Republicans and Democrats can work. willing to step aside from his goal of the privilege of serving on the Senate In fact, we have worked together prob- moving into the private sector to come Armed Services Committee now for the ably in a more bipartisan way on the back and to go into this very impor- past 8 years. Armed Services Committee than any tant, very difficult position. Bill has been a most articulate and other committee in the Senate. And so I have become, in the last few most thoughtful member of that com- we stand ready to work with him in at- months, increasingly concerned—actu- mittee—obviously, someone whom we tempting to address some of these fun- ally, it has been moving in this direc- have all come to respect, someone of damental questions that are going to tion for a number of years, but I am great intellect and experience, arriving determine the course of our defense in really to the point of being alarmed at the House in 1973 and spending a sig- future years. about what I see happening with our nificant part of his lifetime serving the military, our military leadership in the people of Maine and serving the people I asked Bill Cohen this morning what Pentagon, and what we have been of this country. experiences in his life and particularly doing to the defense budget of our He is known as a writer. I think he during his tenure in Congress helped country. And so we are now reaching has published eight books, and so it shape his views in terms of the role of the point where we are, I think, devel- was always interesting to listen to his the military and the role of defense. He oping serious problems in O&M and statements in the Chamber. They were shared with us a response which I had procurement, and so Senator Cohen is always well-reasoned. They were al- hoped he would give and was pleased going to have a tremendous job in ways well-researched. They were al- that he did give in outlining some of righting this military monolith that ways thoughtful. They were chal- the experiences he has had in traveling has now reached the point where it has lenging and provocative. Bill had an to and visiting with and being with our problems and will have growing prob- independent streak which was a great troops as they serve around the world. lems in the future. asset. It allowed him to escape the or- We are often criticized here for some I know Bill Cohen has expressed thodoxy of the political mantra we of the travel that we take. I note the those concerns as a member, a very dis- sometimes find ourselves repeating Senator from Ohio [Mr. GLENN], is in tinguished senior member, of the Sen- without a great deal of forethought. the Chamber. I will never forget—and

VerDate Mar 15 2010 22:20 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\1997SENATE\S22JA7.REC S22JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S630 CONGRESSIONAL RECORD — SENATE January 22, 1997 it has been a basis of some of the crit- nual Democrat and Republican baseball tions for medical research over the ical decisions I have had to make re- game. Bill Cohen was known for the next 5 years. That is a lofty goal. I sub- garding defense expenditures and de- best fastball on the team. He struck scribe to that goal. fense policy—the trip we took to Ku- some fear in the hearts and minds of During my tenure in the U.S. Senate wait right after the war and watching some of our Democrat opponents. It I have served on the Appropriations Senator GLENN interact with marines made me glad I was a Republican. I Committee and on the subcommittee and naval personnel and military per- used to warm up Bill Cohen and that which has jurisdiction over the Depart- sonnel and they react with him. Sen- ball was not always down the middle of ment of Health and Human Services ator MCCAIN was with us. There is no the plate. I never saw anybody really and the funding responsibility for the substitute for leaving the charts and dig in against him. National Institutes of Health. leaving the Vu-Graphs and leaving the There probably are Members of the I am pleased to note that, notwith- cold facts on a piece of paper and get- House today who owe their health to standing very severe budget con- ting out in the field and talking to sol- the fact that every time Bill and I straints over the years, the sub- diers, whether it is generals or captains would try to run over from the Senate committee has consistently raised the or privates or sergeants. to play in that game, which Bill was funding, whether it was Senator There is no substitute for learning then senior Senator, Senator Mitchell Weicker, Senator Chiles, or Senator some of the difficulties that take place, would not adjourn the Senate for us so HARKIN, or under my stewardship as in terms of putting together an ade- we could participate. We had to carry chairman. quate defense, some of the challenges our beepers. Inevitably, Senator Mitch- When I joined the committee in 1981 that face our country and face those ell or someone else would call a vote the appropriations were $3.6 billion. personnel. There is no substitute for and, before Bill made it to the mound That has now risen to $12.7 billion. dealing with that on a personal basis. to strike fear in the Democrats, the Since I became chairman in 1996 we raised the funding by 5.7 percent, and Senator Cohen shared that view and beeper would go off. I always suspected in 1997, fiscal year 1997, 6.9 percent, shared the view that, when you do Senator Mitchell had some kind of some $820 million to a total now of that, when you personalize our deci- communication system with his Demo- $12.7 billion dollars. When the resolu- sions, when you realize that someone’s crat colleagues in the House and they tion calls for doubling NIH spending son or daughter is going to be put at would say, ‘‘Cohen is warming up in within 5 years, that is a very, very risk in defense of this country, it gives the bullpen, call a vote and get him out tough goal and a very, very tough ob- you a different perspective in terms of of here. Our very lives are at risk.’’ jective to me. That would really call the kind of equipment, the kind of The ability to throw those high hard for an increase of expenditures of about quality of life, the kind of support for ones and sometimes keep his adver- $2.5 billion a year. My own view is that their family, the kind of training and, saries a little bit looser at the plate it would be a priority worth meeting to frankly, the kind of decisions we make than maybe they would otherwise be, reach the goal of $2.5 billion a year if in terms of their deployment. I think it will serve him well as Secretary of De- the allocation to the subcommittee did is important for every Member to have fense in the tough negotiations that he permit that. But I have grave doubts that perspective. has coming before him. I wish him that will be possible, although it is as I have taken advantage of the oppor- nothing but success and I look forward I say a lofty goal. tunity as a member of the Armed Serv- to working with him. We do need more grants in that field. ices Committee to travel as much as The PRESIDING OFFICER. The Sen- There are some 27,000 grants now in op- the schedule will allow and spend as ator from Ohio. eration. But only a fraction of the ap- much time with our troops in the field Mr. GLENN. Madam President, I as- plications receive the grants, and there as time allows. It has been just an in- sociate myself with the remarks all the are many worthwhile grants that ought valuable experience. I know Senator people made regarding our new Sec- to be accepted. Cohen will place those experiences at retary of Defense, now made official in There have been tremendous ad- the forefront of his thinking, in terms that capacity this afternoon. vances in breast cancer and prostate of the decisions he has to make in the I have known Bill for many years. I cancer, heart disease, Alzheimer’s, and Department of Defense. worked with him. I think he will be a many, many more. I also congratulate Secretary Perry great Secretary of Defense. He will try What I want to say today and do say for just an outstanding tenure as Sec- to fill some very big shoes over there is that as chairman of the sub- retary of Defense. I was one of the peo- that Bill Perry leaves, who I think committee I am prepared to commit to ple who raised the question early on as turned into one of the greatest Secre- an increase in the next year’s budget of to whether Secretary Perry, while I ac- taries of Defense since there has been 7.5 percent, which would amount to knowledged his masterful techno- that position in Government. some $950 million. logical skills and management skills, But I have talked to Bill personally. In making that statement, I want to whether he could be an effective Sec- He knows my admiration for him and emphasize how difficult it will be to retary of Defense in a political world, my support for him in that office. So I reach $950 million and a 7.5-percent trying to deal with all of us and the just want to associate myself with all commitment. But in articulating, stat- give and take that takes place, because the other fine congratulations that are ing that view, that is a strong stretch, he is a mild, soft-spoken man. But he is being offered here on the floor today. considering the funding and the alloca- a man of steel. It does not take shout- Madam President, I also rise today to tion which is present for the sub- ing and it does not take fist pounding introduce the Human Research Subject committee which I chair. So I invite to be effective. Secretary Perry proved Protection Act of 1997. my colleagues to look toward alter- that. The PRESIDING OFFICER. The Sen- native methods of financing if we are I watched him in negotiations with ator from Ohio is recognized. to be able to meet the $2.5 billion the Soviets and with the Russians. I Mr. GLENN. I thank the Chair. mark, which we really ought to do. But watched him in serious policy debates (The remarks of Mr. GLENN per- I did want to make a statement today, with some of our allies. I watched him taining to the introduction of S. 193 are following the introduction of the reso- interact with us on very important located in today’s RECORD under lution yesterday, that there is the questions relative to defense, in testi- ‘‘Statements on Introduced Bills and commitment that I am prepared to un- mony before our committee. He was a Joint Resolutions.’’) dertake the 7.5-percent figure or $950 model of civility, a model of decency, a f million. great intellect, a thoughtful, articulate Mr. FAIRCLOTH. Mr. President, I am spokesman for the Department of De- MEDICAL RESEARCH pleased to support the nomination of fense. He served this country well and APPROPRIATIONS Madeleine Albright to be Secretary of deserves our accolades. Mr. SPECTER. Mr. President, I was State. Additionally, I am pleased to Finally, let me say when Bill Cohen pleased to support yesterday as an support the nomination of our former and I were in the House of Representa- original cosponsor Senate Resolution colleague, Bill Cohen to be Secretary tives we would participate in the an- 15 which proposes to double appropria- of Defense.

VerDate Mar 15 2010 22:20 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\1997SENATE\S22JA7.REC S22JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 22, 1997 CONGRESSIONAL RECORD — SENATE S631 I am concerned, however, about the THE NUCLEAR WASTE POLICY ACT leagues to add their name today as co- general direction of President Clinton’s OF 1997 sponsors to the Nuclear Waste Policy foreign policy. Mr. GRAMS. Mr. President, I want to Act of 1997. It has been a policy with very little join with my distinguished colleagues, f direction. I fear that the U.S. armed Mr. MURKOWSKI, chairman of the En- TRIBUTE TO MIKE CANNELL forces have become an international ergy and Natural Resources Com- Mr. FEINGOLD. Mr. President, I rise cleanup force sent to all parts of the mittee, and Mr. CRAIG of Idaho, in in- world that have no strategic relation- troducing the Nuclear Waste Policy to pay tribute to Mike Cannell, a dairy ship to the United States. Somalia, Act of 1997. As a cosponsor of the legis- farmer and sustainable agriculture ad- Bosnia, Haiti, and other U.N. peace- lation passed by the Senate during the vocate from Cazenovia, WI who per- keeping missions have been costly with 104th Congress, I believe this legisla- ished in a farming accident on Decem- little tangible benefits for the United tion represents the best means of en- ber 2, 1996 while helping a neighbor un- States. suring that the Department of Energy load corn. Mike died the same way he In the case of Bosnia, clearly, the ad- meet its legal obligations to begin ac- lived—helping others. ministration misled the Congress about cepting spent nuclear fuel by 1998. While those of us fortunate enough to the length of time troops would be Last year, nearly identical legisla- have known Mike will miss him ter- present there. Only after the election tion was adopted by a strong bipartisan ribly, he has left us a great gift: his did the President have the courage to vote in the Senate. And with nuclear tireless work toward restoring and sus- tell the American people that the waste scattered over some 35 States, taining an agricultural community of troops would not be coming home in including my home State of Minnesota, healthy and economically viable fam- December of 1996 and that the deploy- it was no surprise that the national in- ily farms. His support of sustainable ment would extend another 18 months. terest in resolving this issue is strong. agriculture reflected his approach to Further, with respect to Bosnia, it However, a variety of factors, including life: balance. Sustainable agriculture is has now become apparent that this a lack of action by the House of Rep- an integrated system of production conflict dragged on longer than it resentatives, led to the demise of the that provides an adequate supply of should have because the administra- 104th Congress’ bill. food and fiber in a manner that en- tion and Democratic leaders in Con- But support for enacting a real solu- hances environmental quality, makes gress blocked arm shipments for the tion has never been stronger. Last efficient use of limited natural re- Bosnians. Yet, in a secret policy, they July, the U.S. Court of Appeals re- sources, sustains small and medium allowed Iran to arm the Bosnian mus- affirmed that the DOE continues to sized farms and improves the quality of lims. This administration told the Con- have responsibility for permanently life for farmers and the community. It gress one thing and Iran another. storing our Nation’s commercial waste. is an agricultural system that balances This is an unacceptable way to con- It is no wonder, considering our na- the many needs of our people and our duct American foreign policy. tion’s ratepayers have already contrib- planet. The Clinton administration has pur- uted some $12 billion; over $250 million Mike not only recognized the eco- sued what I call the un-Reagan doc- from Minnesotans alone. nomic importance and the environ- trine. Rather than preside over the de- Having recently returned from Yucca mental benefits of a large number of cline and fall of the last remaining Mountain, the proposed permanent small scale family farms, he recognized communist regimes, this administra- storage site located in Nevada, I be- the ability of successfully owning and tion has reached out and befriended lieve much progress has been made operating one’s own farm to instill a them. It gave diplomatic recognition over the last year. But after 15 years sense of pride, accomplishment and to Vietnam. We provided foreign aid to and with nearly half the nuclear trust satisfaction in the farmer-owner. In North Korea, and we sought warmer re- fund depleted, there still remains no Mike’s view, these things were at least lations with Fidel Castro until he shot measurable value and the American as important as the many economic down innocent civilians out of the sky. public is fed up with empty promises and environmental reasons to sustain In contrast, this administration ig- from their Federal Government. They small farms. In all things, especially nored, almost to its peril, the new de- deserve action now. farming, he sought balance. mocracies in Eastern Europe and Rus- The Nuclear Waste Policy Act of 1997 I first met Mike Cannell when I was sia, to the point that the Communists delivers such action. It provides all the a State senator. He, along with other tried to stage an electoral comeback in tools necessary to break our interim dairy farmers, met with me to express Russia. storage impasse. Furthermore, it pro- concern about the development of a This is not foreign policy America vides mechanisms to complete the new dairy technology that he felt was can be proud of. characterization of Yucca Mountain ill-timed, unnecessary and irrespon- Another problem with this adminis- and gets the program moving out of sible. That technology was Bovine tration is its handling of our future se- the current stalemate. Growth Hormone, a product which curity from nuclear attack. With 1998 just around the corner, when injected in cows results in great- In my view, nothing is more impor- timely action on this legislation is er milk production. The arguments tant to the national defense of this critical. For States like Minnesota, made against BGH were many: in- country than deployment of a national which stand to lose nearly 30 percent of creased milk production necessarily ballistic missile defense for the United its overall energy resources, action lowers milk prices; the technology will States. More than 25 countries now should have occurred last year. And favor large farms over smaller ones; possess or are seeking to acquire nu- now, with the confirmation of a new small farms will be driven out of busi- clear weapons. Energy Secretary required, and the ness; there may be indirect but harm- We have to address this issue—we program in transition, Congress is ful environmental impacts, and many cannot ignore it. faced with some tough challenges but more. I would hope that the two people we our resolve must remain strong. And But Mike’s objections to BGH ran are confirming today, both of whom the introduction of this legislation deeper. He did not believe in tech- are honorable, decent, hard-working today is our first step. nology for technology’s sake. He felt people will work on these issues and In the coming weeks and months, we scientists and society’s leaders were improve our defense and foreign policy will be asking our colleagues to join us obligated to consider and recognize in the next 4 years. in supporting this long overdue legisla- cultural traditions and predominant Finally, Mr. President, I wish Sen- tion. Rarely does the Congress have the value systems of the community for ator Cohen well in his new position. I opportunity which meets the twin which they were developing new tech- was pleased to serve with him for the goals of protecting our environment nology. To him, the economic benefits last 4 years, and we will certainly miss and strengthening our economy. Mr. of technology had to be weighed him in the Senate, but the United President, I hope that the support we against the real or perceived ramifica- States will be better off by having him had last Congress will be even stronger tions on society. Mike didn’t believe as Secretary of Defense. this year. I would encourage my col- that the universities and private sector

VerDate Mar 15 2010 22:20 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\1997SENATE\S22JA7.REC S22JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S632 CONGRESSIONAL RECORD — SENATE January 22, 1997 firms developing BGH had done that. eliminate the barriers facing family A son of Greek immigrants in Lowell, He predicted the outrage that introduc- farms. MA, Paul Tsongas worked in his fa- tion of the product caused among dairy But Mike went still further. Rather ther’s drycleaning business, and served farmers and consumers in Wisconsin. than rely on others to solve all the di- in the Peace Corps, as a Lowell City To this day, many dairy products in lemmas facing family farmers, he be- Councilor, as a Middlesex County Com- Wisconsin are labeled as free of BGH in lieved farmers also had both the ability missioner, as a U.S. Congressman and part, due to Mike’s efforts. As usual, and responsibility to help each other. as a U.S. Senator in the seat that I am Mike’s balanced approach was right on And he put that into practice too. now honored to occupy. target. Mike Cannell believed so strongly in Paul was able to achieve so much in Mike, however, did not reject new the ability of rotational grazing to re- his life because no matter where he technology on its face and in fact, em- verse the dramatic losses of Wisconsin went, no matter what office he held, he braced and doggedly promoted tech- family dairy farmers in the past decade never left the people of Lowell. He in- nologies and new practices that ad- that he spent the last 10 years trying stinctively understood not only their vanced his goal of a sustainable agri- to teach other farmers how to become problems but also how government cultural community consisting of graziers. He is responsible for starting could help provide some of the solu- small and medium sized family farms. a grazier technology transfer discus- tions which were necessary to resolve Mike’s approach to dairy farming sion group on the Internet—known as a them. was unique when he began milking List Serve—so that dairymen could In 1992, when George Bush looked un- cows 15 years ago. share their expertise on grazing. That beatable, Paul Tsongas ran for the He was an intensive rotational group now claims more than one thou- Democratic Presidential nomination grazier—a practice that many said sand members. He was also the founder because he knew his ideas for our fu- couldn’t work in Wisconsin because of of both regional and statewide farmer ture were better. our harsh winter climate. Unlike con- to farmer grazing networks, known as We must not forget the timeless prin- finement dairying, rotational grazing the Ocooch Graziers and Grassworks. ciples for which Paul Tsongas fought requires fewer chemical inputs, less Because of Mike Cannell, rotational throughout his career in elective of- labor, less capital and is environ- grazing is no longer considered an un- fice: balancing the Federal budget and mentally beneficial as well. Mike, how- usual dairying practice in Wisconsin. It establishing sound fiscal principles for ever, viewed grazing in a broader con- is fast becoming mainstream. the Federal Government, investing in Mike also took initiative to solve one text. Grazing was not only an environ- our country and our children, and of Wisconsin’s most challenging farm mentally friendly method of producing building our economy so future genera- problems—the retirement of older quality milk at reduced cost, it was tions can attain the dreams which dairy farmers without younger farmers seem to elude us today. also capable of supporting a family and to replace them. The long hours, hard providing a high quality of life. Mike Although Paul did not win the nomi- work, low return and often dim out- nation, he became the catalyst who chose to become a dairyman because of look for dairying have dissuaded many the value he place on these last two turned the national spotlight on our young people from entering the dairy fiscal policies and changed the political criteria. Mike, when speaking about industry. Rather than consider this an grazing, put it in this context: ‘‘This is dialog in the United States forever. inevitable outcome, Mike took steps to After the campaign, Paul Tsongas the real reason we live: for our families encourage young people to enter dairy- joined with Warren Rudman and Pete and for our communities. Any practice ing. While his positive attitude might Peterson to found the Concord Coali- that promises to make us better farm- have been enough to persuade young tion to promote fiscal responsibility. ers, in part, I evaluate by how much it farmers that there was a future in This organization again and again has contributes to our families and com- dairy farming, to persuade the cynics drawn national attention to our Na- munities.’’ For technology to be appro- he founded the School for Beginning tion’s fiscal agenda. priate it had to be appropriate for the Dairy Farmers to teach young farmers Since the 1992 Presidential campaign, farm and the community surrounding how to be successful in a difficult pro- we have cut the Federal budget deficit it. Again, this was Mike’s balance. He fession. by more than half. The question in supported technology and practices Mike’s contributions to the sustain- Washington is no longer ‘‘Can we bal- that promoted the goals he believed to able agriculture community are real ance the budget?’’, but ‘‘How soon can be most important. and measurable and he will be remem- we do so?’’ Much of the progress we Mike Cannell was an innovative lead- bered for them for many years. But have made can be attributed to Paul er among Wisconsin farmers, resolutely Mike will likely be remembered more Tsongas and his economic call to arms. seeking solutions to the complex prob- for his steady and unswerving pursuit The rebuilt, reinvigorated city of lems facing our dairy industry. To of a way of life he loved and from Lowell, MA is another long-lasting me- many farmers in Wisconsin, those prob- which he gained great joy, his strong morial to Paul. He as much or more lems appear insurmountable; so com- belief in the value of that way of life, than any other person shepherded the plicated, multifarious, and seemingly his efforts to share his success with revitalization program through the incomprehensible that one person others, and most important, for his Congress, and by seeing and breathing couldn’t possibly make a dent in them. commitment to community and fam- life into a local pride and spirit that Mike not only believed he could make ily. In Mike’s view, all things in life were still alive, he transformed a run- a difference, he believed he had an obli- and agriculture should be conducted down mill town into an international gation to use his talents to do so. with an eye toward how they con- destination with an amazing story to Even more remarkable than Mike’s tribute to community and family. It is tell and show visitors from near and willingness to actively intervene in ag- a valuable lesson to learn. And it is the far. ricultural problems, was Mike’s con- world’s great loss that Mike Cannell Paul Tsongas’ accomplishments only cept of a solution: one which was not won’t be around to teach us anymore. explain part of what made him so ex- only achievable and effective but which I yield the floor. traordinary. There is no way to explain was also socially and morally respon- f the impact on others of his decency, in- sible. In a manner more effective than tegrity and courage. But that impact PAUL TSONGAS few others I’ve known, Mike was able was real and pronounced. to articulate the problems and identify Mr. KERRY. Mr. President, I rise In 1983, he was diagnosed with non- solutions. He was not shy at criticizing today to speak about Paul Tsongas, Hodgkin’s lymphoma. The next year he entities he felt were standing in the who lost his battle against cancer on retired from the Senate in order to way of a sustainable family farm sec- Saturday. I have lost a great friend; spend more time with his wife Niki, tor. But he always went beyond criti- our Nation has lost an extraordinary and his three daughters, Ashley, cism to suggest solutions and to ac- American who defined the concept of Katina and Molly. He successfully bat- tively work with the entities—includ- public service and whose courage and tled cancer for over a decade with a ing universities, local, State and Fed- conviction set an example for each and sense of grace and a strength of char- eral Government—he was criticizing to every one of us. acter that are remarkable.

VerDate Mar 15 2010 22:20 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\1997SENATE\S22JA7.REC S22JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 22, 1997 CONGRESSIONAL RECORD — SENATE S633 It is terribly hard to acknowledge the Special Report on Committee Activities of By Mr. DODD (for himself, Mr. death of such a person. Paul will be the Select Committee on Intelligence Janu- DASCHLE, Mr. KENNEDY, Mrs. FEIN- greatly and genuinely missed because ary 4, 1995 to October 3, 1996 (Rept. No. 105– STEIN, and Mr. KERRY): S. 183. A bill to amend the Family and he was greatly and genuinely loved. 1). By Mr. MACK, from the Joint Economic Medical Leave Act of 1993 to apply the Act to That is a compliment to which all of us Committee: a greater percentage of the United States can aspire when we leave this Earth. Special Report of the Joint Economic work force, and for other purposes; to the But Paul’s life took him a step beyond Committee Congress of the United States of Committee on Labor and Human Resources. even that status among his family and the 1996 Economic Report of the President By Mr. D’AMATO: friends and all who know or observed (Rept. No. 105–2). S. 184. A bill to provide for adherence with him in his public service. By Mr. LUGAR, from the Committee on the MacBride Principles of Economic Justice We can say truthfully and appre- Agriculture, Nutrition, and Forestry, with- by United States persons doing business in Northern Ireland, and for other purposes; to ciatively that we are better people be- out amendment: S. Res. 20. A resolution authorizing ex- the Committee on Finance. cause of the example Paul Tsongas set penditures by the Committee on Agriculture, By Mr. HELMS: during his life. In that way, he not only Nutrition, and Forestry. S. 185. A bill to prohibit the provision of improved the lives of many in very di- Federal funds to any State or local edu- f rect ways, he will continue to live on cational agency that denies or prevents par- as an inspiration to us. EXECUTIVE REPORTS OF ticipation in constitutional prayer in We will miss him, but we are com- COMMITTEES schools; to the Committee on Labor and forted by what he has given to us. Human Resources. The following executive reports of By Mr. AKAKA: f committees were submitted: S. 186. A bill to amend the Energy Policy THE VERY BAD DEBT BOXSCORE By Mr. THURMOND, from the Committee and Conservation Act with respect to pur- on Armed Services: chases from the Strategic Petroleum Re- Mr. HELMS. Mr. President, the Fed- William S. Cohen, of Maine, to be Sec- serve by entities in the insular areas of the eral Government is running on bor- retary of Defense. United States, and for other purposes; to the rowed money—more than $5 trillion of Committee on Energy and Natural Re- (The above nomination was reported sources. it. As of the close of business yester- with the recommendation that he be day, Tuesday, January 21, the Federal By Mr. HELMS: confirmed, subject to the nominee’s S. 187. A bill to amend title X of the Public debt stood at $5,310,267,076,516.85. On a commitment to respond to requests to Health Service Act to permit family plan- per capita basis, every man, woman, appear and testify before any duly con- ning projects to offer adoption services; to and child in America owes $19,919.19 as stituted committee of the Senate.) the Committee on Labor and Human Re- his or her share of the Federal debt. sources. More than two centuries ago, the f S. 188. A bill to amend the Civil Rights Act Continental Congress adopted the Dec- INTRODUCTION OF BILLS AND of 1964 to make preferential treatment an laration of Independence. It’s time for JOINT RESOLUTIONS unlawful employment practice, and for other Congress to adopt a Declaration of Eco- purposes; to the Committee on Labor and The following bills and joint resolu- Human Resources. nomic Responsibilities and an amend- tions were introduced, read the first S. 189. A bill to prohibit the executive ment requiring the President and Con- and second time by unanimous con- branch of the Federal Government from es- gress to come up with a balanced Fed- sent, and referred as indicated: tablishing an additional class of individuals eral budget—now. that is protected against discrimination in By Mrs. HUTCHISON: f Federal employment, and for other purposes; S. 179. A bill to reform the financing of to the Committee on Governmental Affairs. MESSAGES FROM THE PRESIDENT Federal elections, and for other purposes; to S. 190. A bill to protect the lives of unborn the Committee on Rules and Administration. human beings; to the Committee on Govern- Messages from the President of the S. 180. A bill to amend the Internal Rev- United States were communicated to mental Affairs. enue Code of 1986 to allow married individ- By Mr. HELMS (for himself, Mr. the Senate by Mr. Williams, one of his uals to contribute to an IRA even if their DEWINE, Mr. HATCH, Mr. NICKLES, Mr. secretaries. spouse is a participant in a pension plan; to ABRAHAM, and Mr. FAIRCLOTH): EXECUTIVE MESSAGES REFERRED the Committee on Finance. S. 191. A bill to throttle criminal use of As in executive session the Presiding By Mr. GRASSLEY (for himself, Mr. guns; to the Committee on the Judiciary. DORGAN, Mr. GORTON, Mr. BAUCUS, Officer laid before the Senate messages By Mr. HELMS: Mr. LOTT, Mr. NICKLES, Mr. GRAMM, S. 192. A bill to make it a violation of a from the President of the United Mr. HATCH, Mr. BREAUX, Ms. right secured by the Constitution and laws of States submitting sundry nominations MOSELEY-BRAUN, Mr. CONRAD, Mr. the United States to perform an abortion which were referred to the appropriate KERREY, Mr. DASCHLE, Mr. SHELBY, with the knowledge that the abortion is committees. Mr. BUMPERS, Mr. HUTCHINSON, Mr. being performed solely because of the gender (The nominations received today are MCCAIN, Mrs. FEINSTEIN, Mr. CAMP- of the fetus; to the Committee on the Judici- printed at the end of the Senate pro- BELL, Mr. HARKIN, Mr. CRAIG, Mr. ary. ceedings.) KEMPTHORNE, Mr. DURBIN, Mr. By Mr. GLENN: LUGAR, Mr. COATS, Mr. BROWNBACK, S. 193. A bill to provide protections to indi- f Mr. ROBERTS, Mr. FORD, Mr. MCCON- viduals who are the human subject of re- MESSAGES FROM THE HOUSE NELL, Mr. SARBANES, Ms. SNOWE, Mr. search; to the Committee on Labor and ABRAHAM, Mr. GRAMS, Mr. BOND, Mr. Human Resources. ENROLLED JOINT RESOLUTION SIGNED COCHRAN, Mr. BURNS, Mr. HELMS, Mr. By Mr. CHAFEE (for himself, Mr. MOY- At 3:27 p.m., a message from the HAGEL, Mr. BINGAMAN, Mr. DEWINE, NIHAN, Mr. ABRAHAM, and Mr. KYL): House of Representatives announced Mr. INHOFE, Mr. WYDEN, Mr. JOHNSON, S. 194. A bill to amend the Internal Rev- that the Speaker has signed the fol- Mrs. HUTCHISON, Mr. WARNER, Mrs. enue Code of 1986 to make permanent the lowing enrolled joint resolution: MURRAY, Mr. ENZI, Mr. KOHL, Ms. MI- section 170(e)(5) rules pertaining to gifts of KULSKI, Mrs. BOXER, Mr. ROBB, Mr. publicly-traded stock to certain private H.J. Res. 25. Joint resolution making tech- GREGG, Mr. ASHCROFT, and Mr. foundations and for other purposes; to the nical corrections to the Omnibus Consoli- WELLSTONE): Committee on Finance. dated Appropriations Act, 1997 (Public Law S. 181. A bill to amend the Internal Rev- By Mr. HELMS: 104–208), and for other purposes. enue Code of 1986 to provide that installment S. 195. A bill to abolish the National En- The enrolled joint resolution was sales of certain farmers not be treated as a dowment for the Arts and the National Coun- signed subsequently by the President preference item for purposes of the alter- cil on the Arts; to the Committee on Labor pro tempore (Mr. THURMOND). native minimum tax; to the Committee on and Human Resources. Finance. By Mr. MCCAIN: f By Mr. BYRD: S. 196. A bill to amend the Public Buildings REPORTS OF COMMITTEE S. 182. A bill to make available for obliga- Act of 1959 to require the Administrator of tion such sums as are necessary to pay the General Services to prioritize construction The following report of committee Federal share of completion of construction and alteration projects in accordance with was submitted: of the Appalachian development highway merit-based needs criteria, and for other pur- By Mr. SHELBY, from the Select Com- system, and for other purposes; to the Com- poses; to the Committee on Environment and mittee on Intelligence: mittee on Environment and Public Works. Public Works.

VerDate Mar 15 2010 22:20 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\1997SENATE\S22JA7.REC S22JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S634 CONGRESSIONAL RECORD — SENATE January 22, 1997 By Mr. ROTH (for himself, Mr. LOTT, 1997. This important legislation will S. 180. A bill to amend the Internal Mr. BREAUX, Mr. GRASSLEY, Mr. NICK- correct several of the abuses that we Revenue Code of 1986 to allow married LES, Mr. MURKOWSKI, Mr. ABRAHAM, have seen take place under the present individuals to contribute to an IRA Mr. KYL, Mr. HELMS, Mr. D’AMATO, system and will demonstrate to the even if their spouse is a participant in Mr. CRAIG, Mrs. HUTCHISON, Mr. a pension plan; to the Committee on MCCONNELL, Mr. THOMAS, Mr. SMITH, American people that we in Congress Mr. DEWINE, Mr. INHOFE, Mr. BRYAN, intend to do everything possible to Finance. Mr. ROBERTS, Ms. MIKULSKI, Mr. bring campaign-related activities into HOMEMAKER IRA LEGISLATION SMITH, Mr. HATCH, Mr. BENNETT, Mr. the light of day. Moreover, this bill Mrs. HUTCHISON. Mr. President, KEMPTHORNE, Mr. INOUYE, Mr. ENZI, will not force the American taxpayer this bill closes a loophole in the home- Mr. FORD, Mr. BURNS, Mr. LIEBER- to further subsidize Federal campaigns, maker IRA bill that we passed in the MAN, Mr. HAGEL, Mr. GRAMM, Mr. nor will it impose an elaborate new last Congress. We made the home- DODD, Ms. COLLINS, Mr. GREGG, Mr. system of costly and burdensome cam- makers of our country equal to wage GRAMS, Mr. BOND, and Mr. KOHL): S. 197. A bill to amend the Internal Rev- paign regulations. First, the act will earners in their ability to save for enue Code of 1986 to encourage savings and require that at least 60 percent of a their retirement futures through indi- investment through individual retirement Senate candidate’s campaign funds vidual retirement accounts. Presently, accounts, and for other purposes; to the come from individuals within that Sen- every person who is working at home Committee on Finance. ator’s home State. It will terminate or working outside the home can set By Mr. MCCAIN: the mass mail franking privilege for aside $2,000 a year that earns tax-free S. 198. A bill to prohibit campaign expendi- Senators during the year in which he interest for their retirement security. tures for services of lobbyists, and for other or she is seeking election, and thereby However, what families are not able to purposes; to the Committee on Rules and Ad- ministration. end one of the more substantial advan- do under existing law and what this S. 199. A bill to require industry cost-shar- tages of incumbents over challengers. bill will enable them to do, up to ing for the construction of certain new feder- The bill will also make the contribu- $40,000 in income, is to save under a ally funded research facilities, and for other tion limits for political action commit- homemaker IRA even if the home- purposes; to the Committee on Govern- tees equal to those in place for individ- maker’s spouse has a pension plan. mental Affairs. uals, and will index that uniform limit This revision is critical to encourage By Mr. AKAKA (for himself and Mr. to the rate of inflation. I believe PAC’s average-income families to save for INOUYE): serve a beneficial and necessary pur- their retirement. S.J. Res. 10. A joint resolution to consent Mr. President, if our young people to certain amendments enacted by the Legis- pose in our system by allowing groups lature of the State of Hawaii to the Hawai- of individuals, whether at their place of will avail themselves of this wonderful ian Homes Commission Act, 1920; to the employment, through an issue advo- new opportunity which Congress has Committee on Energy and Natural Re- cacy group, or elsewhere, to participate given them to allow homemakers as sources. in a more direct way in the grassroots well as those who work outside the f political process that is at the heart of home to contribute $2,000 a year to an our electoral system. But I want those IRA, by the time they retire at age 65, SUBMISSION OF CONCURRENT AND PACs to have the same allowances and they will be able to build a nest egg of SENATE RESOLUTIONS the same limitations as individuals, so a remarkable $1 million, if they both The following concurrent resolutions that one does not have a dispropor- start contributing the maximum allow- and Senate resolutions were read, and tionate advantage over the other. The able amount from age 25—$1 million for referred (or acted upon), as indicated: bill accomplishes this in a simple and this working, one-income family. If By Mr. LUGAR: responsible way by leveling the playing they even wait until they are 35, they S. Res. 20. A resolution authorizing ex- field between people who contribute to would be able to build up $500,000 for penditures by the Committee on Agriculture, candidates directly and those who retirement. Nutrition and Forestry; from the Committee choose to leverage their contribution This is an opportunity that I hope on Agriculture, Nutrition, and Forestry; to through PAC’s. Individuals who wish to every young couple will look at and the Committee on Rules and Administration. contribute money should continue to take advantage of to provide for their By Mr. LOTT (for himself, Mr. MCCAIN, have that choice. retirement security. Last year we in Mr. COATS, and Mr. STEVENS): S. Res. 21. A resolution to direct the Sen- However, I do not believe that can- Congress did the right thing by extend- ate Legal Counsel to appear as amicus curiae didates should have the right to buy ing the IRA to homemakers. Now we in the name of the Senate in Sen. Robert C. and then resell their office. Therefore, simply need to ensure that this oppor- Byrd, et al. v Franklin D. Raines, et al; con- this bill will also place a limitation of tunity is available to all families of up sidered and agreed to. $250,000 on the amount that a congres- to $40,000 of income. This bill will do By Mr. LOTT (for himself, Mr. sional candidate may repay himself just that. DASCHLE, and Mr. KERRY): from campaign funds for personal loans S. Res. 22. A resolution relative to the he or she makes to the campaign. By Mr. GRASSLEY (for himself, death of the Honorable Paul Tsongas, for- Again, this will help level the playing Mr. DORGAN, Mr. GORTON, Mr. merly a Senator from the Commonwealth of BAUCUS, Mr. LOTT, Mr. NICKLES, Massachusetts; considered and agreed to. field for all candidates. Mr. GRAMM, Mr. HATCH, Mr. By Mr. CONRAD (for himself, Mr. DOR- In addition, the Campaign Finance REAUX OSELEY RAUN GAN, Mr. DODD, Mr. BIDEN, Ms. Reform and Disclosure Act will ban B , Ms. M -B , MOSELEY-BRAUN, and Mr. DASCHLE): once and for all campaign contribu- Mr. CONRAD, Mr. KERREY, Mr. S. Con. Res. 4. A concurrent resolution tions by noncitizens. The use of cam- DASCHLE, Mr. SHELBY, Mr. commending and thanking Honorable War- paign funds for personal use will also BUMPERS, Mr. HUTCHINSON, Mr. ren Christopher for his exemplary service as be totally banned. And political parties MCCAIN, Mrs. FEINSTEIN, Mr. Secretary of State; considered and agreed to. will be prohibited from accepting con- CAMPBELL, Mr. HARKIN, Mr. f tributions earmarked for specific can- CRAIG, Mr. KEMPTHORNE, Mr. DURBIN, Mr. LUGAR, Mr. COATS, STATEMENTS ON INTRODUCED didates, thereby bypassing the limita- Mr. BROWNBACK, Mr. ROBERTS, BILLS AND JOINT RESOLUTIONS tions that are in our laws today. Mr. President, these are the main Mr. FORD, Mr. MCCONNELL, Mr. By Mrs. HUTCHISON: provisions of my legislation to reform SARBANES, Ms. SNOWE, Mr. S. 179. A bill to reform the financing our campaign finance laws. As the Sen- ABRAHAM, Mr. GRAMS, Mr. of Federal elections, and for other pur- ate continues to address this most im- BOND, Mr. COCHRAN, Mr. BURNS, poses; to the Committee on Rules and portant issue, I encourage my col- Mr. HELMS, Mr. HAGEL, Mr. Administration. leagues to review these simple and BINGAMAN, Mr. DEWINE, Mr. THE CAMPAIGN FINANCE REFORM AND workable proposals and to answer the INHOFE, Mr. WYDEN, Mr. JOHN- DISCLOSURE ACT OF 1997 American people’s call for reform in SON, Mrs. HUTCHISON, Mr. WAR- Mrs. HUTCHISON. Mr. President, the this area. NER, Mrs. MURRAY, Mr. ENZI, bill that I introduce is the Campaign Mr. KOHL, Ms. MIKULSKI, Mrs. Finance Reform and Disclosure Act of By Mrs. HUTCHISON: BOXER, Mr. ROBB, Mr. GREGG,

VerDate Mar 15 2010 22:20 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\1997SENATE\S22JA7.REC S22JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 22, 1997 CONGRESSIONAL RECORD — SENATE S635 Mr. ASHCROFT, and Mr. passed the Tax Reform Act of 1986, it make these contract incomes subject WELLSTONE): specifically intended that farmers re- to the AMT. However, as I indicated, S. 181. A bill to amend the Internal tain the cash accounting method. That these two individuals believe they still Revenue Code of 1986 to provide that same act repealed the income aver- must enforce what they know to be a installment sales of certain farmers aging method for farmers. Income bad law. Hence, the urgent need for our not be treated as a preference item for averaging was a way for farmers to legislation. purposes of the alternative minimum level out their regularly large fluctua- You know, it would be really simple tax; to the Committee on Finance. tions of income between years. Farm- for the Commissioner to say, ‘‘We are THE FAMILY FARM ALTERNATIVE MINIMUM TAX ers can have those fluctuations be- wrong. We are not going to collect this RELIEF ACT OF 1997 cause, while local farmers are affected money.’’ But they cannot do that, pre- Mr. GRASSLEY. Mr. President, by local weather and the weather all sumably. today, as I introduce this legislation over the world. Not only is this ruling of the IRS ef- called the Family Farm Alternative Listen to the prices of soybeans fective right now and into the future, Minimum Tax Relief Act of 1997, it is a today. You will find that whether or it is also retroactive. It is retroactive way that 54 of us in this body—and we not it rains right now in Brazil or Ar- because, since it is a new interpreta- will still yet get more cosponsors, I am gentina is impacting the price of soy- tion of an old law, the IRS can pretend sure—are saying, ‘‘Shame on the Inter- beans in Iowa and Kansas. The crop it has not changed its position, though nal Revenue Service.’’ This is our ef- prices are affected by crop disease and it obviously has. Since it is retro- fort to hold the tax-collecting bureauc- a host of other things that ordinary active, farmers are exposed to audit, racy of the U.S. Government account- taxpayers take for granted, that farm- not only for the current year and upon able to what Congress intended. We are ers have no control over. When income future years, but also on previous holding them accountable to the tax- averaging was repealed, Congress in- years. This problem is now in crisis payers, and we will reduce somewhat tended farmers to retain the cash proportions for farmers. The IRS made the power of the IRS which comes method of accounting. We are here its retroactive change in October of through intimidation. I have worked today with this bill because the IRS 1996. At that time, much of the 1996 very closely with three other Senators has effectively repealed cash account- crop was already harvested. Farmers in a bipartisan fashion, Senator DOR- ing, in opposition to the intent of Con- had already entered the traditional GAN, Senator GORTON, and Senator gress. binding deferred contracts. They nor- BAUCUS. I thank them for their leader- Cash accounting is repealed because mally do this throughout the 12 ship and their cooperation. We have the traditional deferred sales contracts months of the year. So, do we wonder been joined now by 50 of our colleagues are the practical application of cash why it is all of a sudden a crisis among in a broad bipartisan effort, with the accounting. By applying the alter- farmers? support of the leadership of both par- native minimum tax, IRS has repealed Before the IRS release, farmers had ties, meaning Senator LOTT and Sen- the deferral in deferred contracts. They every reason to believe they would ator DASCHLE. I think that the sort of are contracts but no longer deferred in- enjoy the same legal tax treatment membership cosponsoring this legisla- come. Thus, the IRS has unilaterally previously allowed by IRS. tion speaks louder, frankly, than any- broken the promise that Congress Congress and the President must ad- thing I can say about the rationale be- made to farmers, and our legislation dress and solve this problem as soon as hind this bill. rights that wrong. possible. Farmers are required to file This bill repeals a very large problem Ironically, the IRS knows it is in the their tax returns before March 1, 1997. created by the IRS regarding farmer- wrong on this matter, but, of course, This is unlike most other taxpayers deferred contract arrangements. The the IRS is going to go ahead anyway. who have until April 15. If Congress problem is currently at a crisis level After all, they encourage, from the top waits until after March 1 to fix this because it is income tax time. Particu- to the bottom of the IRS bureaucracy, problem, then hundreds of thousands of larly, it is income tax time for the auditors to go out and find all the in- farmers all across this country will al- farmers of America who must file ear- come they can to tax, and to stretch ready have been injured. lier than others. the law as far as they can. And if they The IRS knows it is wrong on this The IRS has found a way to tax farm- do it in this instance, in the case of issue, but it is out of control. It injures ers for their deferred sales contracts. taxing deferred sales contracts, do you its own public relations by actions This is contrary to congressional in- think the Internal Revenue Commis- such as this. It is a sad commentary tent. I know the Presiding Officer is sioner or the Secretary of the Treasury that it takes an emergency action of from Kansas and he understands this, is going to say to some auditor out Congress to make the IRS do its job as but some might not. A deferred sales there—slap their hands and say, ‘‘You Congress intended. Nonetheless, our contract is a situation where a farmer are wrong’’? No, they are not going to bill will do exactly that. delivers his crop this year and gets do that. That would be the right thing Mr. President, besides being on the paid by the local cooperative elevator, to do, but they are not going to do that Finance Committee where this legisla- or privately owned elevator, or some because that would discourage this at- tion will be considered, I happen to other buyer next year. Since Congress titude we have had in the IRS. They also be a member of a commission the intends farmers to be able to use the want to go out and get every dollar Congress set up last year to restruc- cash accounting method, deferred con- they can, even if they have to stretch ture the IRS. There are two Senators, tracts have been a perfectly acceptable the law to do it. two House Members, and 13 people from method to defer income to another Well, in a sense, the Secretary of the the private sector on that commission. year for taxation. It has been perfectly Treasury, Robert Rubin—and I thank We have 1 year from last fall to make legal over a long period of time. him—and IRS Commissioner Richard- our report to the Congress. Now the IRS has unilaterally decided son—and I thank her—have agreed that The charter from the Congress to all to deem these traditional deferred this problem results from what they 17 of us is to, in a sense, make the IRS sales contracts as if, in the words of call legislative oversight in 1986, be- more user friendly. Although we are at the IRS, these were ‘‘installment cause they do not want to say their the same time kept from recom- sales’’ agreements. The problem is that auditors may be wrong. So, they have mending changes in tax policy, how we installment sales are subject to the al- agreed, in the spirit of this Presidency, administer the existing Tax Code is ternative minimum tax. Then, of this second term of office, that we are what we are dealing. We are examining course, by doing this, the IRS puts the going to be bipartisan and we are going how the IRS does its work and what we family farmer in trouble for things to work together to solve these prob- can do to enhance that from an effi- that, over a long period of time, have lems. So Secretary Rubin and IRS ciency standpoint. We want to save the been entirely legal. Commissioner Richardson have said taxpayers money and also to make IRS This IRS initiative is a way for the they would not oppose this legislation. more customer friendly. IRS to deny farmers the use of the cash They agree that Congress did not in- After 6 months of being on this com- accounting method. When Congress tend for farmer deferred contracts to mission—though the ultimate good is

VerDate Mar 15 2010 22:20 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\1997SENATE\S22JA7.REC S22JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S636 CONGRESSIONAL RECORD — SENATE January 22, 1997 making the IRS more efficient and (2) SPECIAL RULE FOR 1987.—In the case of organized a group of 54 Senators who more customer friendly—it is my opin- taxable years beginning in 1987, the last sen- support this legislation, including the ion that we need to make the Tax Code tence of section 56(a)(6) of the Internal Rev- cosponsorship of the Republican leader so simple that every single taxpayer enue Code of 1986 (as in effect for such tax- and the Democratic leader, including able years) shall be applied by inserting ‘‘or the support of the Treasury Secretary understands the Tax Code as well as in the case of a taxpayer using the cash re- any IRS auditor understands that Tax ceipts and disbursements method of account- and of the agricultural community. Code. The complexity of the Tax Code ing, any disposition described in section We are going to pass this. It ought gives the IRS its power. It is the mys- 453(l)(2)(A)’’ after ‘‘section 453C(e)(4)’’. not be necessary for us to pass this leg- tery of the Tax Code, a mystery that islation, because the IRS should not the bureaucrat can sort through and DEPARTMENT OF THE TREASURY, have made the mistake it made. It understand, and the inability of the INTERNAL REVENUE SERVICE, should not have turned logic on its taxpayer to do that which brings the Washington, DC, December 19, 1996. head. But we must pass it because in Hon. CHARLES E. GRASSLEY, this country when the IRS makes a power of the auditor that gives IRS its U.S. Senate, power. The power to intimidate comes mistake, everybody pays. Somebody Washington, DC. once said, ‘‘You have a right to be through the tax system. DEAR SENATOR GRASSLEY: Thank you for So I ask my colleagues to observe the giving me the opportunity to meet with you wrong in America.’’ But the IRS does action of the commission to restruc- to discuss your concerns about an Internal not have that right. When they are ture the IRS and work with Senator Revenue Service Technical Advice Memo- wrong in this case, family farmers are KERREY from Nebraska and myself as randum or TAM concerning the tax treat- going to have to pay unfairly. And we representatives of the Senate on this ment of farmers. The TAM stated that farm- are going to change that. ers utilizing deferred payment contracts for Mr. President, today I’m joined by issue. Let us know your opinions, but the sale of farm commodities were required Senator GRASSLEY and a majority of also understand that the complexity of to include the amount of the advanced sale our colleagues in the Senate in reintro- the Tax Code is the major problem that for Alternative Minimum Tax or AMT pur- ducing my legislation to rectify a seri- we must fix. The bill that I am intro- poses in the year of sale. ous tax problem confronting our family ducing today is just one very small ex- As I told you in our meeting, we believe farmers. ample of the complexity of the Tax that this TAM correctly interprets current law. I understand that Congress may con- The Internal Revenue Service [IRS] Code. It is an action against the in- has, in my opinion, mistakenly taken a timidation of the IRS and impacts. In sider legislation early next session to change this result for farmers who use the cash position that threatens to hit many most cases, IRS usually attacks maybe method of accounting. As you may be aware, farmers with huge tax bills for using just a few hundred taxpayers through- Secretary Rubin, in a letter to Senator deferred payment commodity con- out the United States on some issues. Daschle on the same issue, stated the fol- tracts, which have been routinely used On this particular issue, affecting a lowing regarding this legislative change, in their businesses for decades. In my practice that has been legal by the ‘‘We would support the goals of this effort, as judgment, the IRS’s position is dead- farmers of the United States of Amer- a reasonable tax policy, and recognize it is likely that Congress was not aware of the ef- wrong and is going to impose an unin- ica for decades, they are attacking tended and unacceptable financial thousands and thousands. They want fect that its 1986 amendments to the AMT would have on farmers. I welcome the oppor- hardship on the farming industry. farmers to think that all of a sudden tunity to work with you to address this mat- For years, family farmers have used what they have been doing is now pre- ter through corrective legislation.’’ deferred payment contracts to sell sumably wrong. We also will be pleased to work with you their commodities in order to better I hope that Congress will work very and Treasury on the corrective legislation. manage their business income. For ex- quickly to pass this legislation before Please feel free to contact me if I can be of ample, a typical grain contract be- that March 1 deadline. It is badly need- any further assistance. tween a farmer and grain elevator calls Sincerely, ed to prevent an irreparable injury to upon a farmer to sell and deliver grain MARGARET MINER RICHARDSON. farmers, and to make the Tax Code to a grain elevator—often because the more understandable for the taxpayers. Mr. DORGAN. Mr. President, today farmer does not have adequate stor- We also are sending a clear signal to Senator GRASSLEY and I are intro- age—for a fixed amount. In many the IRS: Shame on you. ducing legislation called the Family cases, one or more payments paid by Mr. President, I ask unanimous con- Farm Alternative Minimum Tax Relief the elevator to the farmer under the sent that additional material be print- Act. This legislation deals with a tax contract occur after the close of the ed in the RECORD. matter affecting farmers that is a for- farmer’s taxable year. There being no objection, the mate- eign subject to some people. But, sim- For regular tax purposes, farmers are rial was ordered to be printed in the plified, what has happened is the Inter- allowed to defer income from the de- RECORD, as follows: nal Revenue Service has turned logic ferred payments under the grain con- S. 181 on its head and said to family farmers, tracts in computing their regular tax ‘‘We’re going to ask you to pay taxes Be it enacted by the Senate and House of Rep- liability. But because the IRS appar- resentatives of the United States of America in on income you have not yet received.’’ ently now views all deferred payment Congress assembled, There is no basis for them doing that. grain contracts as installment sales, it SECTION 1. SHORT TITLE. That is not what we ever intended now requires them to add back this in- This Act may be cited as the ‘‘Family them to do. come in computing the Alternative Farm Alternative Minimum Tax Relief Act It is not the way they interpreted the Minimum Tax [AMT] in the tax year of 1997’’. law previously or the instructions for preceding the year of payment. As a re- SEC. 2. MINIMUM TAX NOT TO APPLY TO FARM- IRS auditors and accountants all sult, thousands of family farmers are ERS’ INSTALLMENT SALES. across the country or farmers across potentially facing hefty tax bills be- (a) IN GENERAL.—The last sentence of para- the country, but they have now decided cause they are being whip-sawed by a graph (6) of section 56(a) (relating to treat- to change the way they do business. new IRS policy which effectively re- ment of installment sales in computing al- The brain is apparently disconnected ternative minimum taxable income) is peals their ability to use such con- amended to read as follows: ‘‘This paragraph from the hand, and the hand writes tracts, and to benefit from the cash shall not apply to any disposition— that farmers should pay taxes on in- basis method of accounting. ‘‘(A) in the case of a taxpayer using the come they have not received. To make matters worse, many farm- cash receipts and disbursements method of I introduced the first piece of legisla- ers were advised by tax experts and accounting, described in section 453(l)(2)(A) tion on this. The Senator from Wash- IRS field representatives, for that mat- (relating to farm property), or ington pointed out it was introduced in ter, that some traditional deferred pay- ‘‘(B) with respect to which an election is in the House. But 18 months before it was ment commodity contracts will not effect under section 453(l)(2)(B) (relating to introduced in the House in the last amount to an installment sale that timeshares and residential lots).’’ (b) EFFECTIVE DATES.— Congress, I introduced legislation to would require an AMT calculation. For (1) IN GENERAL.—The amendment made by try to correct this. this reason, many farmers have not this section shall apply to taxable years be- When we introduced it today, Sen- made AMT adjustments on their in- ginning after December 31, 1987. ator GRASSLEY from Iowa and I have come tax returns. Now they are being

VerDate Mar 15 2010 22:20 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\1997SENATE\S22JA7.REC S22JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 22, 1997 CONGRESSIONAL RECORD — SENATE S637 told by the IRS that they may owe ardy. The IRS has stated that pay- money into a pre-tax account for use during large tax bills on income that they will ments made under a deferred payment emergencies. not receive until later. This position is contract are subject to the Alternative Farmers are also at risk of losing another based upon an incorrect interpretation tax management tool, thanks in large part Minimum Tax [AMT]. Under the IRS to a recent change in tax policy interpreta- by the IRS which ignores the fact that ruling, taxes on the latter year’s pay- tion by the Internal Revenue Service in how our family farmers are, by law, per- ments are now due in the first year of the agency will treat deferred payments. Re- mitted to manage their business oper- the contract. With the sudden repeal of cent rulings in Washington state and in Iowa ations on a cash basis. deferred tax liability, farmers all penalize farmers attempting to average their That’s why we are reintroducing my across the country now face unex- income and tax burdens from year to year legislation from the last Congress to pected, sizable tax bills and many through the use of deferred payment con- ensure that our family farmers are al- could be driven out of business. This is tracts. The IRS has begun classifying deferred lowed to engage in deferred payment absolutely unacceptable. transactions and get the same kind of payment contracts as a tax preference by al- Mr. President, for the sake of this lowing farmers to delay income through de- tax treatment they have always re- Nation’s farmers, the IRS interpreta- ferred payment contracts for their regular ceived. tion must be repealed. Since 1986, the tax calculation but not for their Alternative We do not believe that Congress in- only tool left for deferring tax liability Minimum Tax calculation, which can result tended this kind of tax treatment for has been the use of deferred payment in additional tax liabilities for farmers. farmers using deferred payment com- contracts. In just the last 4 years, how- Several farmers in Washington state and modity contracts for legitimate busi- ever, farmers in the midwest have suf- Iowa are currently being examined by the ness purposes. Moreover, Treasury De- IRS regarding the use of forward contracting fered one of the centuries worst floods, in the sale of their crops. At least 35 Wash- partment officials, who agree that this the west has endured a terrible drought misguided IRS position was likely not ington farm families are currently in IRS ap- and last year, a long winter and tre- peals awaiting the opinion of the Tax Court. the intent of Congress, support the mendous rainfall significantly reduced Commodities included in the proposed ad- goals of this effort as ‘‘reasonable tax Michigan’s drybean, soybean, corn, and justments include sweet corn, beans, hogs, policy, and***welcome the oppor- wheat harvests. potatoes, onions, and various seed crops. tunity to work with Congress to ad- The Family Farm Alternative Min- Why is the IRS pursuing this issue? The dress this matter through corrective imum Tax Relief Act of 1997 will per- answer is pretty simple. By disallowing farmers to defer income into the next year legislation.’’ mit farmers to continue to defer tax li- Our bill simply makes clear the via deferred payment, they essentially throw ability through the use of deferred pay- original intent of Congress which is to two years of income into one year. This in ment contracts and I am pleased to be allow farmers to continue to receive turn increases the amount of taxes due, sig- a cosponsor. With tax time fast ap- nificantly, in some cases. There has been no the tax benefit provided from the use of proaching, I hope that this bill can be change in the law, only a change in the IRS cash method accounting and from in- interpretation. stallment sales for their deferred pay- acted upon by both Chambers of Con- gress and sent to the President for his Legislation was introduced last year to ment transactions. provide that installment sales not be treated I urge my colleagues to include this signature as soon as possible. as preference with respect to the Alternative much-needed legislation—which is Mr. President, the President of the Minimum Tax. This language would have strongly supported by the agricultural Michigan Farm Bureau, Jack Laurie, retroactively exempted farmers who entered community—in any revenue measure recently explained the significance of into deferred payments contracts from being considered by the Senate this year. the IRS’s ruling in the Michigan Farm subject to Alternative Minimum Tax. This measure needs to be considered Bureau’s Farm News. I think this arti- Unfortunately, this legislation did not pass. However, there is already a movement quickly to resolve any lingering doubt cle illustrates clearly the reasons why this legislation is necessary and I ask underway to pursue this issue again at the about the correct tax treatment for start of the next congressional session. Sev- farmers using deferred commodity con- unanimous consent that this article be eral senators from Iowa, North Dakota, Mon- tracts. printed in the RECORD. tana, and Washington will introduce legisla- Mr. ABRAHAM. Mr. President, today There being no objection, the mate- tion in January to clarify that deferred pay- I join several of my colleagues in co- rial was ordered to be printed in the ment contracts are not a tax preference item sponsoring the Family Farm Alter- RECORD, as follows: that subjects farmers to AMT. Michigan Farm Bureau will be working to native Minimum Tax Relief Act of 1997. RECENT TAX POLICY ISSUES PROFOUND FOR secure the support of Sens. Carl Levin and This legislation will permit farmers to AGRICULTURE Spencer Abraham for this legislation. As you continue to defer tax liability through As the year draws to a close, many of us go through the process of completing your the use of deferred payment contracts. will be making crucial tax management deci- farm books and begin tax preparation, I en- Like other businesses, farmers are sions as a normal course of business. Making courage you to take a moment to let your subject to the same peaks and valleys advance purchases of inputs for next year, respective U.S. Representative and both of in consumer demand that govern prod- delaying sales, and/or deferred payment con- your Senators know how vital these tax uct pricing and earned income. Unlike tracts allow producers to manage tax bur- management tools are and what their loss dens in good and in bad years. other businesses, however, farmers are will mean to your operation. Tax code provisions, such as cash account- Sincerely, also subject to the uncertainties of ing and deferred payment contracts, provide Mother Nature. In agriculture, poor JACK LAURIE, important financial and tax management President. growing seasons are inevitable. Prob- tools for producers. Recognizing the impact ably every farmer has had a crop dev- of budget cuts for agricultural programs, Mr. CAMPBELL. Mr. President, astated by harsh weather or been chal- Congress included language in the 1996 budg- today my colleagues, Senators CHUCK lenged to feed their livestock because et resolution that pledged to reexamine agri- GRASSLEY and BYRON DORGAN, intro- of resulting shortages. cultural cuts unless, among other things, duced legislation which will correct a The ability to defer tax liability on Congress acted to provide mechanisms to tax problem facing many farmers allow farmers to average tax loads over deferred payment contracts helps farm- across the country, including many in strong and weak income years. the State of Colorado. Along with over ers prepare for these difficult times. To Several pieces of Farm Bureau-supported put it simply, deferred payment con- legislation to allow income averaging were 40 of my Senate colleagues, I am tracts allow farmers to receive a por- considered by the 104th Congress but were pleased to join Senators GRASSLEY and tion of payment on a crop in the next not enacted into law. Farm Bureau will be DORGAN as an original cosponsor to year. In addition to deferring payment, working to secure their passage as the bills this bill. farmers also defer their resulting tax are reintroduced next year. Farmers have typically used the de- liability to the following year. Defer- Farm Bureau supports the option of cash ferred payment contract system as a ring payments and tax liabilities is a accounting for farmers and the continuation means for managing their business in- and expansion of tax code provisions that come. It is common for a farmer to for- limited form of income averaging that allow farmers to match income with ex- allows individuals to cope with sea- penses. Farm Bureau also supports the rein- ward contract to sell a product. Under sonal difficulties. statement of income averaging for farm in- this type of contract, a farmer may de- Now, a recent IRS decision has put come and the creation of ‘‘farmer savings liver the product in a given tax year, this important economic tool in jeop- plans,’’ which would allow farmers to put and he may not receive one lump-sum

VerDate Mar 15 2010 22:20 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\1997SENATE\S22JA7.REC S22JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S638 CONGRESSIONAL RECORD — SENATE January 22, 1997 payment at the time of delivery. In tract is signed, instead of when he or when they have transferred ownership fact, the payments may be spread over she actually receives the payment, the of their crops to some other entity but 2 tax years. IRS has dealt American agriculture a are not to receive payment for those Up until recently, the farmer was very serious blow. crops until the next tax year. taxed on this income only for the ac- Cash-based accounting, as it is often Mr. President, that is unprecedented. tual amount received in a given tax called, is extremely important to Min- It is unjust. It is a terrible burden on year. However, last October, the Inter- nesota farmers because incomes fluc- many farmers who live under difficult nal Revenue Service issued a ruling tuate so radically from year to year de- circumstances and from hand to which disallows this practice. Under pending on what Mother Nature de- mouth. And it is not what Congress has the ruling, all payments received under cides to unleash on us. This is espe- intended in any of its amendments to a deferred payment contract are sub- cially important in my home State of the Internal Revenue Code. ject to the Alternative Minimum Tax. Minnesota because, as many of you It is wrong, Mr. President. It was dis- Now, regardless of whether the actual know, some say it is the land of 9 covered or started initially, I regret to payments under the contract are months of winter and then 3 months of say, in the State of Washington last spread out over a multiple year period, poor sledding. year aimed against a particular potato the payments will be taxable in the But adding further to the importance farmer. It has now spread like wildfire year the contract is made. of cash-based accounting is the fact all across the country and it has be- Needless to say, this ruling requiring that farmers and ranchers are only come the policy of the Internal Rev- farm families to pay a tax on income paid once or twice a year. Understand- enue Service. they have not yet received places an ably, many farmers and ranchers like A year ago, one Member of the House unfair burden on those families. Farm- to receive their payments in install- of Representatives from my State, ers cannot control the weather, espe- ments. And that is much the way GEORGE NETHERCUTT, introduced a bill cially in Colorado where farmers fall school teachers do over the summer on this without it being able to attain victim to everything from tornados to months. Getting paid in increments the attention that has been focused on droughts. Because of the uncertainties can ease their cash flow problems that it since that time. As I said, there are inherent in farming, deferred payment might otherwise occur. now 54 Members of this body who are contracts offer farmers a critical finan- Congress, to its credit, has always sponsors of this bill to bring pure jus- cial management tool. We must allow understood these unique circumstances tice back to the administration of the them to manage the risks without un- and therefore always intended agri- Internal Revenue Code as it respects fairly penalizing them. culture to have the benefit of cash- our farmers. With the farmers’ early filing dead- based accounting. As late as 1980, Con- I am convinced that as soon as we line looming on the horizon, there is a gress reaffirmed this. But according to have a revenue bill from the House, need to act upon this legislation as the IRS, this all changed in amend- which under the Constitution must quickly as possible. Many farmers are ments to the Tax Code in 1986. I dis- deal with such a bill first, that we will already calculating their taxes for agree. Without rehashing all of the ar- pass this proposal almost unanimously. their early deadline and without a re- guments of why this decision is in Mr. President, so far we have no rev- versal of the IRS’ ruling, they will be error, let me offer just one. enue estimate on it. It was estimated forced to comply at what will no doubt As one Rutgers University tax law last year to be minimal because of be a severe financial burden for many. professor observed, had this been the course these taxes will in fact be col- I urge my colleagues to support this intent of the proposed changes to the lected when the cash is received by the important piece of legislation and pass Tax Code in 1986, surely there would farmers. it in a timely manner. have been large-scale opposition at Mr. GRASSLEY. Mr. President, I that time. And, no doubt, the opposi- Farmers are not attempting through yield 5 minutes to the Senator from tion would have been spearheaded by this bill to avoid a tax obligation. They are simply asking for the simple jus- Minnesota. I thank him for his cospon- Senator GRASSLEY, who sits on the tax sorship of this legislation, because in writing committee. But there was not tice that that tax obligation not be im- the State of Minnesota obviously he a word about it. Maybe that is why it posed upon them until they have re- has, as in my State of Iowa, many took the IRS a decade to find out why. ceived the income on which the obliga- farmers who are affected by the action None of us want to point fingers at tion is based. of the IRS. I yield 5 minutes. who is responsible for this mistake. We It is for that reason and under the Mr. GRAMS. Thank you very much. only want congressional intent carried leadership of the Senator from Iowa Mr. President, I rise in strong sup- out. If the most efficient way of accom- and the Senator from North Dakota, port of the bill introduced today by my plishing this end is to pass legislation who is here and whom I believe is next, colleagues, Senator GRASSLEY and Sen- to clarify things, then that is what we that this bill is drafted, that we have ator DORGAN, to clarify the intent of should do. made this proposal. We have now re- Congress and to allow farmers and Mr. President, I am proud to be an ceived the support of Mr. Rubin, the ranchers to use deferred payment con- original cosponsor of this bill. I com- Secretary of the Treasury. tracts without tax penalty under the mend Senators GRASSLEY and DORGAN I do not know of any reasonable op- alternative minimum tax. for their leadership on this issue. I urge position or, for that matter, any oppo- Last year this Congress passed, and timely consideration and passage of sition at all to doing justice in this the President signed, the most sweep- this extremely important bill. case. I am delighted we have such ing reforms in agricultural policy in 60 Mr. GORTON. Mr. President, the strong support for this bill. I urge not years, giving our farmers and ranchers Senator from Iowa, Mr. GRASSLEY, my only action on this bill, Mr. President, the freedom to farm. Farmers can now friend Senator DORGAN from North Da- but the promptest action possible for plant for the market, not for Uncle kota, who is on the floor, and I and 51 the Senate to remedy an injustice Sam. other Senators have introduced today a against our farmers. But our commitment to agriculture bill on the alternative minimum tax as Mr. ENZI. Mr. President, I, too, join did not—and cannot—end there. We it is being unjustly and without prece- my new colleagues in cosponsoring this promised farmers and ranchers regu- dent applied to farmers in all of our legislation. It is important that we act latory reform, free and fair trade, mar- States and across the United States of on this legislation before April 15 to ket-oriented tools to better manage America. correct a ruling by the Internal Rev- their risk, and tax relief. Unfortu- In short, farmers are now being told enue Service regarding the alternative nately, the Internal Revenue Service that they must pay taxes on income minimum tax. It is a ruling that could has caused us to radically depart from that they have not received. I repeat dramatically and unfairly increase the this commitment in regard to tax re- that, Mr. President. Our farmers are tax burden on our farmers who use the lief. By ruling that producers are sub- now being told by the Internal Revenue cash method of accounting and who ject to tax liability on deferred pay- Service that they are to pay taxes on utilize installment sales on crops and ment contracts in the year the con- income that they have not received livestock.

VerDate Mar 15 2010 22:20 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\1997SENATE\S22JA7.REC S22JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 22, 1997 CONGRESSIONAL RECORD — SENATE S639 It is interesting to me that this tax ment, ties up resources and credits, save many families tens of thousands problem is one of the first issues need- and piles unnecessary compliance costs of dollars this winter—money they ing legislative correction to present particularly on small business. It actu- never anticipated owing to the govern- itself to the 105th Congress. It is inter- ally produces relatively small amounts ment. esting because the problem arises in of Federal revenue, not all of which On November 21st of last year, I the areas of small business and ac- would be foregone using regular tax asked the Treasury Department to ei- counting, two areas in which I feel I computation. ther suspend the application or narrow have some particularly relevant in- The problem this bill would correct the scope of the IRS memorandum in sight. I am a small businessman and an typifies the difficulties small business order to prevent this from happening. accountant—the only accountant in owners in our country have complying Today, I would like to call publicly on the Senate, in fact. with this onerous AMT law. I was the IRS to reconsider its resistance to I have wondered for a long time why pleased that the last Congress was able my request. The Treasury Department United States tax policymakers con- to achieve consensus on a very good supports our effort to fix this problem tinue to subject small business owners AMT reform bill, a bill that unfortu- legislatively, and half of the Senate is to the onerous burden of calculating nately became entangled in the highly cosponsoring the Grassley-Dorgan bill. both corporate and alternative min- emotional web of election year politics Why force taxpayers to pay money this imum tax liabilities. The fact is that and subsequently suffered a swift death winter that they in good faith never fewer than 2 percent of the companies at the hands of the President. thought they owed, and then place filing Federal income tax returns end I do believe we can and should move them in the position of having to file up paying the alternative minimum toward a more sensible corporate tax an amended return to get their money tax. Still, all of these companies, many system, and I hope the administration back when the legislation passes later of them small businesses, have to is willing to work with us on that. this year? Surely, there must be a bet- maintain separate sets of records for Mr. DASCHLE. Mr. President, I ter way, and, in the interest of tax- tax purposes, and that is at a consider- would like to express my strong sup- payer service, I urge the IRS to try to able cost. port for the legislation Senators find it. Let’s not forget that farmers are the In 1993, a Joint Tax Committee anal- GRASSLEY and DORGAN are introducing ysis confirmed what I as a small busi- today. The bill addresses one of the backbone of rural America and one of ness owner and corporate accountant most pressing problems facing many the foundations of our economy. Fam- already knew, that compliance with family farms, and I am proud to co- ily farmers tell me often of the hard- the alternative minimum tax require- sponsor it. ships they face in managing businesses ments can add 15 to 20 percent to a Last fall, the IRS released a tech- that are often as unpredictable as the company’s accounting bills at tax nical memorandum calling into ques- weather. The apparent change in IRS time. The effect is that we bury 100 tion the tax treatment of deferred crop policy on deferred commodity con- percent of our small businesses in pa- sales. Released during the harvest just tracts does not help matters. I congratulate Senators GRASSLEY perwork in order to increase tax rev- as farmers were making marketing de- and DORGAN on their legislation and enue for about 2 percent of corporate cisions, this apparent shift in policy look forward to working with them to tax filers. If that is not an unnecessary created enormous confusion in the secure its speedy passage. burden, I do not know what is. farm community. I say apparent shift Mr. SARBANES. Mr. President, I am The legislation that is introduced in policy because, strictly speaking, pleased to join as an original cosponsor today will amend the 1986 Tax Reform the technical advice memorandum ap- of the Family Farmer Alternative Min- Act to clarify confusion that was unin- plies only to one taxpayer; the IRS has imum Tax Relief Act of 1997. This legis- tentionally created by the revenue act yet to issue a formal revenue ruling on lation will provide relief for family of 1987. I do not blame the IRS for the the matter as guidance for all tax- farmers from a recent Internal Rev- position it takes in the technical ad- payers. enue Service decision regarding de- vice memorandum filed in 1995, which It has been a long-standing and com- ferred payment contracts which could states that installment sales of farm mon practice for farmers to sell their result in sizable and unexpected tax property are not exempt from the al- crops on a deferred basis. Farmers bills for the coming year. ternative minimum tax liability in the often delay their receipts from com- For over 16 years, family farmers in year that it is expensed. It is the job of modity sales into future years in order Maryland and across the country have the IRS to maximize tax revenue with- to maximize their marketing opportu- used deferred payment contracts to sell in the confines of the congressionally nities and average their incomes over their crops and livestock in order to approved statutes. The question then good and bad years. The legal basis for better manage and even out their busi- is, did Congress intend to subject cash these deferred contracts dates at least ness income from year to year. The tax receipts on forward commodity sales to as far back as an IRS revenue ruling code has specifically permitted farmers a farmer’s prior year alternative min- issued in 1958. to manage their business on a cash imum tax? I do not believe that the Congress has repeatedly expressed its basis of accounting and use deferred 99th Congress intended to do that. For intention that smaller farms be per- payment contracts without AMT liabil- 10 years the IRS has not applied this mitted to manage their affairs on a ity. However, a recent IRS decision to rule in this way. To do so now is a ret- cash-basis system of accounting. If im- enforce alternative minimum taxation roactive tax increase on farmers. We, plemented, the policy described in the on all crop and livestock sales, includ- the 105th Congress, should make the IRS memorandum would have the ef- ing deferred payment contracts, effec- necessary clarifications and pass this fect of eliminating this important tool tively repeals farmers’ ability to use bill. for many family farmers. these contracts to move their tax li- I believe the bill will pass because In my view, the IRS has mistakenly ability into future years. If relief is not reasonable people can recognize simple interpreted tax law and legislative his- soon provided, many family farmers facts and should agree to correct the tory in arriving at the conclusion that will face sizable—and unexpected—tax problem. I am proud to be a cosponsor deferred contract receipts are a ‘‘pref- bills for the coming tax year. The pur- of the legislation, but I also hope that erence’’ for purposes of calculating al- pose of this legislation is to clarify the it will renew interest in reviewing the ternative minimum tax liability. I and law and ensure that family farmers can issue of alternative minimum tax re- a number of my colleagues commu- continue to receive the tax benefit pro- form in general. One of the issues I nicated this directly to the Secretary vided from the use of the cash method promised my constituents I would pur- of the Treasury last month, and he of accounting and from installment sue if elected to the Senate is sim- agreed to support legislation to correct sales for their deferred payment com- plification of the U.S. Tax Code, and I the problem. modities contracts as Congress origi- believe that the phaseout of the alter- Mr. President, I would hope that we nally intended. native minimum tax is a necessary could obtain agreement on both sides I hope the committee will schedule part of that promise. The alternative of the aisle to pass this legislation as hearings on this matter as quickly as minimum tax inhibits capital invest- promptly as possible. Doing so could possible so that this legislation can be

VerDate Mar 15 2010 22:20 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\1997SENATE\S22JA7.REC S22JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S640 CONGRESSIONAL RECORD — SENATE January 22, 1997 enacted prior to the taxation filing ment of the region, the first of which vere economic distress characterized deadline. I urge my colleagues to join called for the construction of a new by low academic achievement, chronic me in supporting this important legis- highway network. According to the unemployment, and an inadequate tax lation. Act, these highways ‘‘will open up an base. There are still children in Appa- area or areas with a developmental po- lachia who lack decent transportation By Mr. BYRD: tential where commerce and commu- routes to school. There are still preg- S. 182. A bill to make available for nication have been inhibited by lack of nant mothers, elderly citizens, and oth- obligation such sums as are necessary adequate access.’’ Subsequent amend- ers who lack timely road access to area to pay the Federal share of completion ments to the act defined the 3,025 miles hospitals. There are many people who of construction of the Appalachian de- that comprise the Appalachian Devel- cannot obtain sustainable well-paying velopment highway system, and for opment Highway System. jobs because of poor road access to other purposes; to the Committee on Unfortunately, today, we find that major employment centers. These crit- Environment and Public Works. while the Interstate Highway System ical conditions affect not only the citi- THE APPALACHIAN DEVELOPMENT HIGHWAY is virtually 100 percent complete, the zens of these local communities but SYSTEM COMPLETION ACT Appalachian Development Highway also the economy of the entire nation. Mr. BYRD. Mr. President, I rise System is only 76 percent complete. Of Instead of enjoying the full productive today to introduce a critically impor- the 3,025 miles that comprise the Appa- potential of all the citizens of Appa- tant measure to ensure that sufficient lachian system, roughly 725 miles re- lachia, our nation must bear the costs funds will be made available over the main unfinished. These unfinished of Federal assistance that must be pro- next six years to complete the Appa- miles are spread throughout the 13 vided to those who cannot adequately lachian Development Highway System states that have counties within the care for themselves through no fault of by the year 2003, some 38 years after statutorily designated boundaries of their own—costs associated with unem- the initial authorization of this vital Appalachia. These states include Ala- ployment benefits, health care, school 3,025-mile highway network. bama, Georgia, Kentucky, Maryland, lunch programs, etc. As Senators are aware, the funding Mississippi, New York, North Carolina, The Appalachian Regional Commis- authorizations for the Federal-Aid Ohio, Pennsylvania, South Carolina, sion has conducted a number of studies Highway program will expire at the Tennessee, Virginia, and West Virginia. and surveys which confirm the linkage end of fiscal year 1997. Consequently, Mr. President, the purpose of my leg- between economic prosperity and the one of the most important pieces of islation is to ensure that we expedi- completion of segments of the Appa- legislation we will take up during this tiously complete this vital highway lachian Highway System. These same congressional session will be the reau- network. Its completion is even more studies also highlight the fact that it is thorization of the Intermodal Surface important today than it was 30 years almost impossible for communities Transportation Efficiency Act, or ago, not only for the local economies of still awaiting completion of their seg- ISTEA. This legislation will provide the Appalachian region but also for the ments of these highways to attract new direction for our Federal highway entire nation. The citizens of Appa- businesses and investment opportuni- and transit programs for the next six lachia are required to drive through ties to their areas, largely due to an in- years. I commend the Majority Leader the existing, inadequate road system— adequate transportation system, inhib- for recognizing the importance of this dangerous, narrow roads which gen- iting their access to the national mar- legislation in his remarks on the Sen- erally wind through the paths of river kets. The most rigorous of these studies ate Floor during the first day of this valleys and stream beds between moun- was financed by the National Science session, during which he cited his hope tains. These roads are, more often than Foundation and published just a year that we might turn to it prior to the not, two-lane roads that are squeezed and a half ago. This study covered a Easter recess. into very limited rights-of-way. They twenty-year period and compared con- Our colleagues in the other body are characterized by low travel speeds ditions in Appalachian counties versus have already completed several hear- and long travel distances. They were similarly-situated counties outside the ings on the reauthorization of ISTEA, often built to inadequate design stand- Appalachian region. When looking at and I understand that the Senate Envi- ards and, thus, present very hazardous conditions in the sixty-two rural Appa- ronment and Public Works Committee driving conditions. lachian counties, the study revealed will begin its hearings shortly. As we Just last year, the Federal Highway that the income levels of those coun- approach the drafting of a new, com- Administration published a report indi- ties with substantially complete Appa- prehensive, Federal-aid highway bill, I cating that substandard road condi- lachian Development highways grew 80 am introducing this bill today so that tions are a factor in 30 percent of all percent faster and that earnings grew my colleagues have available to them fatal highway accidents. I am quite 62 percent faster than did the counties my proposal to ensure that the Federal sure that the percentage is a great deal without such highway access. government finally completes its com- higher in the Appalachian region. [In Mr. President, the people of Appa- mitment to the Appalachian Develop- my own state, the inadequate two-lane lachia have waited long enough for the ment Highway System in all affected road that currently lies along the Federal Government to fulfill its com- thirteen states. alignment of our largest uncompleted mitment to the Appalachian region. The necessity to expand highway ac- segment of the ADHS represents the The bill I am introducing today will cess to spur the development of the Ap- second most dangerous road in the en- ensure that sufficient funds are set palachian region was first cited by the tire state.] The Federal Highway Ad- aside in the next major highway bill to President’s Appalachian Regional Com- ministration has found that upgrading complete the remaining 24 percent of mission of 1964. The Commission’s re- two-lane roads to four-lane divided the Appalachian Development Highway port stated: ‘‘Developmental activities highways has served to decrease fatal System in the thirteen-state region. in Appalachia cannot proceed until the traffic accidents by 71 percent and that This bill takes a different approach regional isolation has been overcome widening traffic lanes has served to re- from that of the prior authorization by a transportation network which duce fatalities by 21 percent. These are acts for the Appalachian Highway Sys- provides access to and from the rest of precisely the kinds of road improve- tem. The bill calls for direct contract the nation and within the region itself. ments that will be funded through the authority to be made available from The remoteness and isolation of the re- legislation which I am introducing the highway trust fund. This contract gion . . . are the very basis of the Appa- today. And until this legislation is en- authority would be distributed to the lachian lag. Its penetration by an ade- acted, many citizens will die unneces- thirteen states of the Appalachian Re- quate transportation network is the sarily on inadequate, unsafe roads. gion solely for the purpose of com- first requisite of its full participation While several of the thirteen Appa- pleting the 725 unfinished miles of the in industrial America.’’ lachian states have enjoyed significant Appalachian Development Highway One year later, the Appalachian Re- economic expansion and job growth System. gional Development Act of 1965 author- over the last three decades, each such One of the primary reasons why com- ized several programs for the develop- state continues to have pockets of se- pletion of the Appalachian Highway

VerDate Mar 15 2010 22:20 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\1997SENATE\S22JA7.REC S22JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 22, 1997 CONGRESSIONAL RECORD — SENATE S641 System has lagged behind that of the S. 182 plicable to the segment, except insofar as the Interstate Highway System is because Be it enacted by the Senate and House of Rep- procedures and requirements limit the State the interstate system has benefited resentatives of the United States of America in to the construction of segments with the aid from the direct availability of highway Congress assembled, of Federal funds previously allocated to the State; trust funds while the Appalachian De- SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Appalachian the Secretary, upon approval of the applica- velopment Highway System has been tion of a State, shall pay to the State the required to be financed largely through Development Highway System Completion Act’’. Federal share of the cost of construction of incremental annual appropriations of the segment at such time as additional funds SEC. 2. FINDINGS. general funds. are allocated for the segment under sub- Congress finds that— The bill I introduce today also makes section (d). (1) the Appalachian Regional Development clear that funds provided to the Appa- (g) CONTRACT AUTHORITY.—Funds author- Act of 1965 (40 U.S.C. App.) enacted into law lachian states for the completion of the ized by this section shall be available for ob- a Federal commitment to the completion of ligation in the same manner as if the funds Appalachian Development Highway the Appalachian development highway sys- system will be provided in addition to were apportioned under chapter 1 of title 23, tem for the purpose of expanding highway United States Code, except that— the funds those states will receive from access to the Appalachian region; (1) the Federal share of the cost of any con- the Federal Aid Highway Program for (2) economic prosperity within the Appa- struction under this section shall be deter- their customary purposes. These states lachian region since that time has been mined in accordance with subsection (b); and should not be required to choose be- brought about by, and has centered around, (2) the funds shall remain available until tween the maintenance of their inter- the availability of adequate highway access; expended. (3) the rationale behind the completion of state and other federal highways and (h) INAPPLICABILITY OF OBLIGATION LIMITA- the Appalachian development highway sys- TIONS.—Notwithstanding any other provision the completion of the Appalachian sys- tem is as sound today as it was in 1965, but of law, any obligation limitation enacted for tem. while the Interstate System is nearly 100 any of fiscal years 1998 through 2003 shall not Under this bill, states will still be re- percent complete, the Appalachian develop- apply to obligations authorized under this quired to provide the standard 20 per- ment highway system is only 76 percent section. cent matching share for Federal funds complete; (i) OTHER STATE FUNDS.—Funds made for the completion of these roads, as is (4) those areas in which the Appalachian available to a State under this section shall the case for all major Federal aid high- development highway system is not yet com- not be considered in determining the appor- way programs. The bill authorizes the plete suffer from inadequate road systems tionments and locations that any State shall characterized by low travel speeds, long be entitled to receive, under title 23, United Secretary to distribute ‘‘such sums as travel distances, and unsafe conditions; and States Code, and other law, of amounts in are necessary’’ for the completion of (5) there are unfinished miles of the Appa- the Highway Trust Fund. the Appalachian Development Highway lachian development highway system in all System. Similar to the manner in 13 of the States with counties in the statu- By Mr. DODD (for himself, Mr. which Federal funds are currently ad- torily-designated Appalachian region. DASCHLE, Mr. KENNEDY, Mrs. ministered for Appalachian highways, SEC. 3. COMPLETION OF APPALACHIAN DEVEL- FEINSTEIN, and Mr. KERRY): the funds provided under this bill will OPMENT HIGHWAY SYSTEM. S. 183. A bill to amend the Family be administered by the Appalachian (a) AUTHORIZATION.— and Medical Leave Act of 1993 to apply Regional Commission (ARC). The ARC, (1) IN GENERAL.—Subject to subsection (d), the act to a greater percentage of the with the cooperation of the Federal there are authorized to be appropriated out U.S. work force, and for other pur- of the Highway Trust Fund (other than the poses; to the Committee on Labor and Highway Administration, is currently Mass Transit Account) for the period of fis- updating its estimate for the cost to cal years 1998 through 2003 such sums as are Human Resources. complete the system. This study is ex- necessary to fund the Federal share of the THE FAMILY AND MEDICAL LEAVE FAIRNESS ACT pected to be completed by May 1 of this total estimated cost of completion of con- OF 1997 year, and I anticipate that, when this struction of the Appalachian development Mr. DODD. Mr. President, we do a bill is incorporated into this year’s highway system authorized by section 201 of great deal of important business here highway legislation, it will identify the Appalachian Regional Development Act in the U.S. Senate, but much of it and authorize the appropriate dollar of 1965 (40 U.S.C. App.), as determined by the seems arcane and distant from the Secretary of Transportation. figure that results from this ongoing lives of American families. But last (2) TRANSFER AND ADMINISTRATION OF evening, with the airing of a CBS made study. FUNDS.—The Secretary shall transfer the I should point out, Mr. President, funds made available by paragraph (1) to the for TV movie, ‘‘A Child’s Wish,’’ we had that the Administration shares my Appalachian Regional Commission, which a particularly moving example of the goal for the completion of the Appa- shall be responsible for the administration of power we have to make a positive dif- lachian Development Highway System the funds. ference in the lives of America’s fami- in the near term. In addition to having (b) FEDERAL SHARE.—The Federal share lies. I don’t know how many of my col- written to President Clinton several under this section shall be 80 percent. leagues had a chance to see it. It was a times in support of this legislative ap- (c) APPORTIONMENT TO STATES.—In car- fictional story based on the true life rying out subsection (a), the Secretary shall experiences of two families impacted proach, I met with him personally in apportion the funds to the 13 States in the the Oval Office on December 16, 1996— Appalachian region in accordance with each by the Family and Medical Leave Act last year. I have also had meetings on State’s portion of the total estimated cost of signed into law by President Clinton in this subject with his OMB Director, completion. 1993. Mr. Franklin Raines, and his Federal (d) ALLOCATION PERCENTAGES.—One-sixth Dixie Yandle was one of those chil- Highway Administrator and Transpor- of the funds allocated by subsection (a) for dren. I believe she came from North tation Secretary-designate, Mr. Rod- the construction shall be available for obli- Carolina, I say to my colleague from ney Slater. I am confident that the Ad- gation in each of fiscal years 1998 through North Carolina. Dixie’s father lost his ministration will be supportive of my 2003. job during her struggle with cancer as (e) DELEGATION TO STATES.—Subject to he sought to spend more time with her. efforts to complete the construction of title 23, United States Code, the Secretary the ADHS as soon as possible. shall delegate responsibility for completion She and her parents testified in fact be- So, Mr. President, I urge all my col- of construction of each segment of the Appa- fore the Congress about the need for leagues to support this legislation. Our lachian development highway system under family medical leave legislation so entire nation has benefited from the this section to the State in which the seg- that what happened to them would not improvements brought about by the ment is located, upon request of the State. happen to the other parents. Appalachian Development Highway (f) ADVANCE CONSTRUCTION.—When a State The second child, Melissa Weaver, System. So, too, will we all benefit that has been delegated responsibility for was also diagnosed with cancer that ul- from its completion in the near future. construction of a segment under subsection timately proved to be fatal. But due to Mr. President, I ask unanimous con- (c)— the Family and Leave Act the family (1) has obligated all funds allocated under was able to spend the last days of her sent that the text of the bill be printed this section for construction of the segment; in the RECORD. and life together. Melissa’s story is one of There being no objection, the bill was (2) proceeds to construct the segment with- many that I heard in 1994 during a se- ordered to be printed in the RECORD, as out the aid of Federal funds in accordance ries of public hearings of the Commis- follows: with all procedures and all requirements ap- sion on Family and Medical Leave on

VerDate Mar 15 2010 22:20 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\1997SENATE\S22JA7.REC S22JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S642 CONGRESSIONAL RECORD — SENATE January 22, 1997 the impact of the Family and Medical the Family and Medical Leave Act I The Family and Medical Leave rep- Leave Act. strongly urge them to examine a re- resents the fulfillment of this goal and ‘‘A Child’s Wish’’ took the lives of cent bipartisan report that documents I urge all my colleagues to join with these two children and wove them to- the positive impact of this legislation. me in supporting this critically impor- gether to dramatize how important the When the bill was passed in 1993, pro- tant legislation for America’s working Family and Medical Leave Act is and visions in the legislation established a families. how meaningful it is to families. I am commission to examine the impact of I think the fact that the law has been hopeful that this movie may have the act on workers and businesses. working so well has made a sufficient helped a lot of people understand the The Family and Medical Leave Com- difference in people’s lives in moments legislation better. mission’s analysis spanned 21⁄2 years. of crises. The fact that people are able Today, at a time when many Ameri- It included independent research and to be there particularly when a child is cans are deeply cynical toward the field hearings across the country to dying, so that you have the love of par- work we do here in Washington, the learn first hand about the act’s impact ents and a family coming together and family and medical leave stands in from individuals and the business com- you don’t have to choose between that sharp contrast. munity. job and your family is a wonderful Not only is this legislation making a The report’s conclusions are clear— thing. It has made such a difference in real difference in the lives of the Amer- the Family and Medical Leave Act is people’s lives. ican people, but it has been judged by helping to expand opportunities for There have been many issues dealt a bipartisan commission to be an un- working Americans while at the same with in this body over 16 years, and qualified success. time not placing any undue burden on there is none that I am more proud of The Family and Medical Leave Act employers. than the day that this body voted to fulfilled a genuine need among Amer- According to the Commission’s final support the family and medical leave ica’s working families to take leave in report, the Family and Medical Leave legislation, and when President Clinton times of medical and family need. Act represents ‘‘A significant step in signed it into law. With this legislation we established helping a larger cross-section of work- I am pleased to be joined in this ef- in law a basic standard of decency to- ing Americans meet their medical and fort by Senator DASCHLE, Senator KEN- ward America’s families. family care giving needs while still NEDY, Senator FEINSTEIN, and Senator Eligible employees were guaranteed maintaining their jobs and economic KERRY. Mr. President, I can’t miss the 12 weeks of unpaid leave during times security.’’ opportunity to briefly say that a friend of genuine family need—such as a birth Due to this legislation, Americans of mine who is here from Pennsylvania, or adoption, placement of a foster now possess greater opportunities to who I know is going to speak on the child, or in times of serious medical keep their health benefits, maintain nomination of Madeleine Albright, but emergency for a child, spouse or par- job security, and take longer leaves for the body should know that the Senator ent. a greater number of reasons. from Pennsylvania, Senator SPECTER, This minimal benefit—unpaid leave— In fact, according to the bipartisan was an invaluable ally in that effort is providing millions of workers and commission—12 million workers took beginning in the first day we arrived in their families with vital assistance job-protected leave for reasons covered the Senate some 16 years ago. We during times of crisis. by the Family and Medical Leave Act formed a caucus on children’s needs. I Yet, even with the apparent success during the 18 months of its study. thank him for his efforts over the years of the FMLA there is still more work But, not only are American workers in that regard. to be done. reaping the benefits. The law is work- The PRESIDING OFFICER. The Sen- Millions of Americans continue to ing for American business as well. In ator from Pennsylvania. face painful choices involving their Mr. SPECTER. Mr. President, I fact, the conclusions of the bipartisan competing responsibilities to family thank my colleague from Connecticut report are a far cry from the concerns and work. for those generous comments. He and I that were voiced when this law was Employees not covered by the Fam- cochaired the Children’s Caucus in the being considered in Congress. ily and Medical Leave Act are still early 1980’s. And he mentioned that he often told that they must choose be- The vast majority of businesses— over 94 percent—report little to no ad- and I cosponsored the first family leave tween sick family members and their act exactly 10 years ago at this time— jobs. ditional costs associated with the Fam- ily and Medical Leave Act. it was in 1987—which was very impor- In fact today, 43 percent of private tant legislation. sector employees remain unprotected More than 92 percent reported no no- by the Family and Medical Leave Act ticeable effect on profitability. By Mr. D’AMATO: because their employer does not meet And nearly 96 percent reported no no- S. 184. A bill to provide for adherence the current 50 or more employee ticeable effect on business growth. with the MacBride Principles of Eco- threshold. Additionally, 83 percent of employers nomic Justice by United States persons This legislation I introduce today— reported no noticeable impact on em- doing business in Northern Ireland, and the Family and Medical Leave Fairness ployee productivity. for other purposes; to the Committee Act of 1997—will extend the Family and In fact, 12.6 percent actually reported on Finance. a positive effect on employee produc- Medical Leave Act to millions of Amer- THE NORTHERN IRELAND FAIR EMPLOYMENT icans who remain uncovered. tivity from the Family and Medical PRACTICES AND PRINCIPLES OF ECONOMIC JUS- This bill would lower the threshold Leave Act, twice as many as reported a TICE ACT OF 1997 to include coverage for companies with negative effect. Mr. D’AMATO. 25 or more workers. And not only did employers report Mr. President, I rise today to offer This small step would provide 13 mil- that compliance with the Family and the Northern Ireland Fair Employment lion additional workers with the pro- Medical Leave Act was relatively easy Practices and Principles of Economic tection of the Family and Medical and of minimal cost, but worksites Justice Act of 1997. This amendment Leave Act—raising the total percent- with a small number of employees gen- seeks to deter efforts to use the work age of the private sector work force erally reported greater ease of adminis- place as an arena of discrimination in covered by the FMLA to 71 percent. tration and even smaller costs than Northern Ireland. In my view, these workers deserve large worksites. The Northern Ireland Fair Employ- the same job security in times of fam- Today, I introduce this legislation ment Practices and Principles of Eco- ily and medical emergency that work- with the hope and expectation that we nomic Justice Act of 1997 incorporates ers in lager companies receive from the can put aside our political differences the MacBride Principles, which are Family and Medical Leave Act. and build on the success of the Family modeled after the famous Sullivan With this legislation they will re- and Medical Leave Act. Last Novem- Principles, one of the initial efforts to ceive it. ber, the American people gave us a apply United States pressure to change Now, for those of my colleagues who mandate—a mandate for good govern- the system of apartheid in South Afri- still harbor doubts about the success of ance. ca. The MacBride Principles are named

VerDate Mar 15 2010 22:20 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\1997SENATE\S22JA7.REC S22JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 22, 1997 CONGRESSIONAL RECORD — SENATE S643 in honor of the late Sean MacBride, cent for males and 8 percent for females), ment criteria which discriminate on the winner of the Nobel Peace Prize and co- and in some portions of the minority com- basis of religion. founder of Amnesty International. munity unemployment has historically ex- (7) Providing for the development of train- ing programs that will prepare substantial This amendment will enlist the co- ceeded 70 percent. (3) The British Government Fair Employ- numbers of minority employees for skilled operation of United States companies ment Commission (F.E.C.), formerly the Fair jobs, including the expansion of existing pro- active in Northern Ireland in the cam- Employment Agency (F.E.A.), has consist- grams and the creation of new programs to paign to force the end of discrimina- ently reported that a member of the minor- train, upgrade, and improve the skills of mi- tion in the workplace by: ity community is two times more likely to nority employees. First, eliminating religious discrimi- be unemployed than a member of the major- (8) Establishing procedures to assess, iden- nation in managerial, supervisory, ad- ity community. tify, and actively recruit minority employ- ministrative, clerical, and technical (4) The Investor Responsibility Research ees with the potential for further advance- ment. jobs and significantly increasing the Center (IRRC), Washington, District of Co- lumbia, lists more than 90 United States (9) Providing for the appointment of a sen- representation in such jobs of individ- companies doing business in Northern Ire- ior management staff member to be respon- uals from under represented religious land, which employ approximately 11,000 in- sible for the employment efforts of the enti- groups. dividuals. ty and, within a reasonable period of time, Second, providing adequate security (5) The religious minority population of the implementation of the principles de- for the protection of minority employ- Northern Ireland is subject to discrimina- scribed in paragraphs (1) through (8). ees at the workplace. tory hiring practices by some United States SEC. 6. PROHIBITION. Third, banning provocative sectarian businesses. Nothing in this Act shall require quotas or and political emblems from the work- (6) The MacBride Principles are a nine reverse discrimination or mandate their use. point set of guidelines for fair employment SEC. 7. WAIVER OF PROVISIONS. place. in Northern Ireland which establishes a cor- (a) WAIVER OF PROVISIONS.—In any case in Fourth, publicly advertising all job porate code of conduct to promote equal ac- which the President determines that compli- openings and undertaking special re- cess to regional employment but does not re- ance by a United States person with the pro- cruitment efforts to attract applicants quire disinvestment, quotas, or reverse dis- visions of this Act would harm the national from under represented religious crimination. security of the United States, the President groups, and establishing procedures to SEC. 3. RESTRICTION ON IMPORTS. may waive those provisions with respect to identify and recruit minority individ- An article from Northern Ireland may not that United States person. The President uals with potential for further ad- be entered, or withdrawn from warehouse for shall publish in the Federal Register each consumption, in the customs territory of the waiver granted under this section and shall vancement, including managerial pro- submit to the Congress a justification for grams. United States unless there is presented at the time of entry to the customs officer con- granting each such waiver. Any such waiver Fifth, establishing layoff, recall, and cerned documentation indicating that the shall become effective at the end of ninety termination procedures which do not enterprise which manufactured or assembled days after the date on which the justifica- favor particular religious groupings. such article was in compliance at the time of tion is submitted to the Congress unless the Sixth, abolishing job reservations, manufacture with the principles described in Congress, within that ninety-day period, apprenticeship restrictions, and dif- section 5. adopts a joint resolution disapproving the ferential employment criteria which SEC. 4. COMPLIANCE WITH FAIR EMPLOYMENT waiver. In the computation of such ninety- discriminate on the basis of religious PRINCIPLES. day period, there shall be excluded the days (a) COMPLIANCE.—Any United States person on which either House of Congress is not in or ethnic origin. session because of an adjournment of more Seventh, developing and expanding who— (1) has a branch or office in Northern Ire- than three days to a day certain or because upon existing training and educational land, or of an adjournment of the Congress sine die. programs that will prepare substantial (2) controls a corporation, partnership, or (b) CONSIDERATION OF RESOLUTIONS.— numbers of minority employees for other enterprise in Northern Ireland, (1) Any resolution described in subsection (a) shall be considered in the Senate in ac- managerial, supervisory, administra- in which more than ten people are employed tive, clerical, and technical jobs. cordance with the provisions of section 601(b) shall take the necessary steps to ensure of the International Security Assistance and Eighth, appointing a senior manage- that, in operating such branch, office, cor- Arms Export Control Act of 1976. ment staff member to oversee the U.S. poration, partnership, or enterprise, those (2) For the purpose of expediting the con- company’s compliance with the prin- principles relating to employment practices sideration and adoption of a resolution under ciples described above. set forth in section 5 are implemented and subsection (a) in the House of Representa- It is in the workplace in Northern this Act is complied with. tives, a motion to proceed to the consider- (b) REPORT.—Each United States person re- Ireland, which can be used to eliminate ation of such resolution after it has been re- ferred to in subsection (a) shall submit to ported by the appropriate committee shall discrimination, where improving the the Secretary— employment opportunities for the un- be treated as highly privileged in the House (1) a detailed and fully documented annual of Representatives. derprivileged will help factor out the report, signed under oath, on showing com- SEC. 8. DEFINITIONS AND PRESUMPTIONS. pliance with the provisions of this Act; and economic causes of the current strife in (a) DEFINITIONS.—For the purpose of this Northern Ireland. This will hopefully (2) such other information as the Secretary Act— begin the process toward a peaceful determines is necessary. (1) the term ‘‘United States person’’ means resolution of the so-called troubles. SEC. 5. MACBRIDE PRINCIPLES OF ECONOMIC any United States resident or national and Mr. President, I ask unanimous con- JUSTICE. any domestic concern (including any perma- The principles referred to in section 4 are sent that the text of the bill be printed nent domestic establishment of any foreign the MacBride Principles of Economic Jus- concern); in the RECORD. tice, which are as follows: (2) the term ‘‘Secretary’’ means the Sec- There being no objection, the bill was (1) Increasing the representation of indi- retary of Commerce; and ordered to be printed in the RECORD, as viduals from underrepresented religious (3) the term ‘‘Northern Ireland’’ includes follows: groups in the workforce, including manage- the counties of Antrim, Armagh, Derry, S. 184 rial, supervisory, administrative, clerical, Down, Tyrone, and Fermanagh. and technical jobs. (b) PRESUMPTION.—A United States person Be it enacted by the Senate and House of Rep- (2) providing adequate security for the pro- shall be presumed to control a corporation, resentatives of the United States of America in tection of minority employees at the work- partnership or other enterprise in Northern Congress assembled, place. Ireland if— SECTION 1. SHORT TITLE. (3) Banning provocative sectarian or polit- (1) the United States person beneficially This Act may be cited as the ‘‘Northern ical emblems from the workplace. owns or controls (whether directly or indi- Ireland Fair Employment Practices and (4) Providing that all job openings be ad- rectly) more than 50 percent of the out- Principles of Economic Justice Act of 1997’’. vertised publicly and providing that special standing voting securities of the corpora- SEC. 2. FINDINGS. recruitment efforts be made to attract appli- tion, partnership, or enterprise; The Congress finds the following: cants from underrepresented religious (2) the United States person beneficially (1) Currently, overall unemployment in groups. owns or controls (whether directly or indi- Northern Ireland is approximately 13 per- (5) Providing that layoff, recall, and termi- rectly) 25 percent or more of the voting secu- cent, as compared to 9 percent in the rest of nation procedures do not favor a particular rities of the corporation, partnership, or en- the United Kingdom. religious group. terprise, if no other person owns or controls (2) Unemployment in the minority commu- (6) Abolishing job reservations, apprentice- (whether directly or indirectly) an equal or nity in Northern Ireland is 16 percent (22 per- ship restrictions, and differential employ- larger percentage;

VerDate Mar 15 2010 22:20 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\1997SENATE\S22JA7.REC S22JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S644 CONGRESSIONAL RECORD — SENATE January 22, 1997 (3) the corporation, partnership, or enter- Hawaii were delayed because the tank- reserves of the politically unstable Middle prise is operated by the United States person er scheduled to carry emergency sup- East. pursuant to the provisions of an exclusive plies was moored in the Gulf of Mexico, Hawaii is also vulnerable to possible sup- management contract; waiting in line for access to the SPR ply disruptions in the event of a crisis. The (4) a majority of the members of the board long distance from the U.S. Strategic Petro- of directors of the corporation, partnership, loading docks. leum Reserve in Louisiana and Texas, com- or enterprise are also members of the com- As any grade-school geography stu- bined with a declining number of U.S.-flag parable governing body of the United States dent knows, Hawaii is a long way from tankers capable of transiting the Panama person; the Gulf of Mexico, especially when Canal, make timely emergency deliveries (5) the United States person has authority you have to transit the Panama Canal. problematic. to appoint the majority of the members of The distance between the SPR loading Other studies have consistently the board of directors of the corporation, docks and Honolulu, by way of the partnership, or enterprise; or verified Hawaii’s energy vulnerability (6) the United States person has authority canal, is 7,000 miles—more than one- and its need for special access to the to appoint the chief operating officer of the quarter of the distance around the SPR. An analysis by Mr. Bruce Wilson, corporation, partnership, or enterprise. globe. an accomplished oil economist, deter- SEC. 9. EFFECTIVE DATE. But distance alone is not the issue. mined that the delivery of SPR oil to This Act shall take effect 180 days after When you add together the time be- Hawaii from the Gulf of Mexico could the date of enactment of this Act. tween the decision to draw down the take as long as 53 days. That exceeds reserve and the time for oil from the the State’s average commercial work- By Mr. AKAKA: reserve to reach our shores, the seri- ing inventory by 23 days. As Mr. Wil- S. 186. A bill to amend the Energy ousness of the problem emerges. It son’s research shows, an oil supply dis- Policy and Conservation Act with re- takes time to solicit and accept bids ruption is Hawaii’s greatest nightmare. spect to purchases from the strategic for SPR oil, time to locate and position Some suggest that market forces will petroleum reserve by entities in the in- tankers, time for tankers to wait in ensure that Hawaii and the territories sular areas of the United States, and line to gain access to SPR loading receive the oil they need during an en- for other purposes; to the Committee docks, and more time to transit the ergy emergency. Unfortunately, these on Energy and Natural Resources. canal to Hawaii. Obviously, Hawaii is are the same market forces that cause THE EMERGENCY PETROLEUM SUPPLY ACT at the end of a very, very long supply Hawaii’s consumers to pay 50 percent Mr. AKAKA. Mr. President, today I line. People overlook the fact that in- more per gallon of gasoline than con- am introducing the Emergency Petro- sular areas have a limited supply of pe- sumers pay on the Mainland. When a leum Supply Act, a bill to ensure that troleum products on hand at any time. crisis hits, our energy prices can dou- Hawaii has access to the strategic pe- While Hawaii waited for emergency ble or triple. troleum reserve during an oil supply supplies to arrive, oil inventories could Hawaii may be the 50th State, but we disruption. The Emergency Petroleum run dry and our economy could grind deserve the same degree of energy se- Supply Act would guarantee Hawaii oil to a halt. curity that the rest of the Nation en- at a fair price and give tankers bound Recently, the Department of Energy joys. It’s simply a matter of equity. for Hawaii priority loading during an asked Hawaii’s East-West Center to Hawaii’s tax dollars help fill and main- emergency. study this problem. The East-West tain the reserve; Hawaii should enjoy This legislation passed the Senate in Center report concluded that my SPR the energy security the SPR is de- two previous Congresses. During the access measure ‘‘is an excellent pro- signed to provide. 104th Congress, the Senate Committee posal which would greatly reassure the My bill will safeguard Hawaii from on Energy and Natural Resources once islands that their basic needs would be the harsh economic consequences of an again approved the bill. Only the in- maintained.’’ oil emergency. The Emergency Petro- ability of the House to adopt strategic The East-West Center report provides leum Supply Act is not only good en- petroleum reserve reforms has pre- strong justification for granting Ha- ergy policy, it’s good economic policy vented my bill from becoming law. I waii special access to SPR oil during for Hawaii. will work aggressively during the 105th an energy emergency. The report found I ask unanimous consent that the Congress to enact this measure. that a major oil supply disruption text of the bill be printed in the The objective of the Emergency Pe- would have a much more severe impact RECORD. troleum Supply Act can be summarized on the Pacific islands than on the rest There being no objection, the bill was in one word: access. Because of its tre- of the United States. Although all of ordered to be printed in the RECORD, as mendous distance from the Gulf Coast, Asia would experience some degree of follows: Hawaii needs guaranteed access to the inflation and recession, the small S. 186 strategic petroleum reserve [SPR], as economies of the insular areas would Be it enacted by the Senate and House of Rep- well as priority access to the SPR load- be virtually unprotected from volatile ing docks. resentatives of the United States of America in economic forces. While the rest of the Congress assembled, My bill addresses both these con- United States does not have to rely on cerns. First, it provides a mechanism SECTION 1. SHORT TITLE. ocean transport from other nations for This Act may be cited as the ‘‘Emergency to guarantee an award of SPR oil. Ha- essential goods and services, the econo- Petroleum Supply Act’’. waii’s energy companies will be al- mies of Hawaii and the Pacific islands SEC. 2. PURCHASES FROM STRATEGIC PETRO- lowed to submit binding offers for a are heavily dependent on ocean-borne LEUM RESERVE BY ENTITIES IN IN- fixed quantity of oil at a price equal to trade and foreign visitors. SULAR AREAS OF UNITED STATES. the average of all successful bids. This The need for this provision is further Section 161 of the Energy Policy and Con- concept is modeled after the Federal justified by a December 1993 Depart- servation Act (42 U.S.C. 6241) is amended by adding at the end the following: Government’s method of selling Treas- ment of Energy/State of Hawaii anal- ury bills. It would give Hawaii ready ‘‘(j) PURCHASES FROM STRATEGIC PETRO- ysis of Hawaii’s energy security which LEUM RESERVE BY ENTITIES IN INSULAR AREAS access to emergency oil supplies at a found the following: OF UNITED STATES.— price that is fair to the Government. Hawaii depends on imported oil for over 92 ‘‘(1) DEFINITIONS.—In this subsection: Without this bill, Hawaii’s energy com- percent of its energy. This makes Hawaii the ‘‘(A) BINDING OFFER.—The term ‘binding panies, and the population they serve, most vulnerable State in the Nation to the offer’ means a bid submitted by the State of face the risk that their bid for SPR oil disruption of its economy and way of life in Hawaii for an assured award of a specific would be rejected and that oil inven- the event of a disruption of the world oil quantity of petroleum product, with a price tories would run dry. market or rapid oil price increases. to be calculated pursuant to this Act, that The second component of my bill ad- Currently, 40 percent of Hawaii’s oil comes obligates the offeror to take title to the pe- dresses the problem of delay. The from Alaska and the remainder from the troleum product without further negotiation Asia-Pacific region. The export capabilities or recourse to withdraw the offer. Emergency Petroleum Supply Act of these domestic and foreign sources of sup- ‘‘(B) CATEGORY OF PETROLEUM PRODUCT.— grants Hawaii-bound ships expedited ply are projected to decline by approxi- The term ‘category of petroleum product’ access to SPR loading docks. It would mately 50 percent by the year 2000. This will means a master line item within a notice of be a terrible misfortune if deliveries to likely increase Hawaii’s dependence on oil sale.

VerDate Mar 15 2010 22:20 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\1997SENATE\S22JA7.REC S22JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 22, 1997 CONGRESSIONAL RECORD — SENATE S645 ‘‘(C) ELIGIBLE ENTITY.—The term ‘eligible ‘‘(B) UPWARD ADJUSTMENT.—The Secretary The PRESIDING OFFICER. The bill entity’ means an entity that owns or con- shall adjust upward to the next whole num- will be received and appropriately re- trols a refinery that is located within the ber increment of a full tanker load if the ferred. State of Hawaii. quantity to be sold is— Mr. GLENN. Madam President, if I ‘‘(D) FULL TANKER LOAD.—The term ‘full ‘‘(i) less than 1 full tanker load; or approached any Senator here and I tanker load’ means a tanker of approxi- ‘‘(ii) greater than or equal to 50 percent of mately 700,000 barrels of capacity, or such a full tanker load more than a whole number said, ‘‘You did not know it, but the last lesser tanker capacity as may be designated increment of a full tanker load. time they went to the doctor or went by the State of Hawaii. ‘‘(C) DOWNWARD ADJUSTMENT.—The Sec- to the hospital, your wife or your hus- ‘‘(E) INSULAR AREA.—The term ‘insular retary shall adjust downward to the next band or your daughter or your son be- area’ means the Commonwealth of Puerto whole number increment of a full tanker came the subject of a medical experi- Rico, the Commonwealth of the Northern load if the quantity to be sold is less than 50 ment that they were not even told Mariana Islands, the United States Virgin Is- percent of a full tanker load more than a about. They were given medicine, they lands, Guam, American Samoa, the Republic whole number increment of a full tanker were given pills, they were given radi- load. of the Marshall Islands, the Federated States ation, they were given something and of Micronesia, and the Republic of Palau. ‘‘(5) DELIVERY TO OTHER LOCATIONS.—The were not even told about this, were not ‘‘(F) OFFERING.—The term ‘offering’ means State of Hawaii may enter into an exchange a solicitation for bids for a quantity or quan- or a processing agreement that requires de- even informed about it, yet they are tities of petroleum product from the Stra- livery to other locations, if a petroleum under some experimental research that tegic Petroleum Reserve as specified in the product of similar value or quantity is deliv- might possibly do them harm—maybe notice of sale. ered to the State of Hawaii. some good will come out of it, but ‘‘(G) NOTICE OF SALE.—The term ‘notice of ‘‘(6) STANDARD SALES PROVISIONS.—Except maybe it will do them harm also—but sale’ means the document that announces— as otherwise provided in this Act, the Sec- they do not know about it,’’ people ‘‘(i) the sale of Strategic Petroleum Re- retary may require the State of Hawaii to comply with the standard sales provisions would laugh at that and say that is ri- serve products; diculous. That cannot possibly happen ‘‘(ii) the quantity, characteristics, and lo- applicable to purchasers of petroleum prod- cation of the petroleum product being sold; uct at competitive sales. in this country. Yet, that very situa- ‘‘(iii) the delivery period for the sale; and ‘‘(7) ELIGIBLE ENTITIES.— tion is what this piece of legislation is ‘‘(iv) the procedures for submitting offers. ‘‘(A) IN GENERAL.—Subject to subpara- supposed to address. ‘‘(2) IN GENERAL.—In the case of an offering graphs (B) and (C) and notwithstanding any I have been in public life and have of a quantity of petroleum product during a other provision of this paragraph, if the Gov- served this country for many years. drawdown of the Strategic Petroleum Re- ernor of the State of Hawaii certifies to the Frankly, I do not think too many serve— Secretary that the State has entered into an agreement with an eligible entity to carry things that I see surprise me anymore ‘‘(A) the State of Hawaii, in addition to about our laws and about Government. having the opportunity to submit a competi- out this Act, the eligible entity may act on tive bid, may— behalf of the State of Hawaii to carry out Three years ago, though, I began to ‘‘(i) submit a binding offer, and shall on this subsection. learn about a gap in our legal system submission of the offer, be entitled to pur- ‘‘(B) LIMITATION.—The Governor of the that does truly concern me. In 1993 the chase a category of a petroleum product State of Hawaii shall not certify more than Governmental Affairs Committee specified in a notice of sale at a price equal 1 eligible entity under this paragraph for began to investigate the cold war radi- to the volumetrically weighted average of each notice of sale. ation experiments. These experiments the successful bids made for the remaining ‘‘(C) BARRED COMPANY.—If the Secretary has notified the Governor of the State of Ha- are one of the unfortunate legacies of quantity of the petroleum product within the cold war, when our Government the category that is the subject of the offer- waii that a company has been barred from ing; and bidding (either prior to, or at the time that sponsored experiments involving radi- ‘‘(ii) submit 1 or more alternative offers, a notice of sale is issued), the Governor shall ation on our own citizens without their for other categories of the petroleum prod- not certify the company under this para- consent. They did not even know the uct, that will be binding if no price competi- graph. experiments were being run on them. It tive contract is awarded for the category of ‘‘(7) SUPPLIES OF PETROLEUM PRODUCTS.—At was without their consent. petroleum product on which a binding offer the request of the governor of an insular One of the most infamous of these ex- is submitted under clause (i); and area, the Secretary shall, for a period not to periments took place in my own State ‘‘(B) at the request of the Governor of the exceed 180 days following a drawdown of the Strategic Petroleum Reserve, assist the in- of Ohio, when scores of patients at the State of Hawaii, a petroleum product pur- University of Cincinnati were subjected chased by the State of Hawaii at a competi- sular area in its efforts to maintain adequate tive sale or through a binding offer shall supplies of petroleum products from tradi- to large doses of radiation during ex- have first preference in scheduling for lift- tional and non-traditional suppliers.’’. perimental treatments, without their ing. SEC. 3. REGULATIONS. consent, without their informed con- ‘‘(3) LIMITATION ON QUANTITY.— (a) IN GENERAL.—The Secretary of Energy sent. During the course of this inves- ‘‘(A) IN GENERAL.—In administering this shall issue such regulations as are necessary tigation, I began to ask the question, subsection, in the case of each offering, the to carry out the amendment made by section what protections are in place to pre- Secretary may impose the limitation de- 2. vent such abuses from happening scribed in subparagraph (B) or (C) that re- (b) ADMINISTRATIVE PROCEDURE.—Regula- again? What law prohibits experi- sults in the purchase of the lesser quantity tions issued to carry out the amendment menting on people without their in- of petroleum product. made by section 2 shall not be subject to— ‘‘(B) PORTION OF QUANTITY OF PREVIOUS IM- (1) section 523 of the Energy Policy and formed consent? PORTS.—The Secretary may limit the quan- Conservation Act (42 U.S.C. 6393); or What I found, when I looked into it, tity of a petroleum product that the State of (2) section 501 of the Department of Energy is there is no law on the books requir- Hawaii may purchase through a binding offer Organization Act (42 U.S.C. 7191). ing that informed consent be obtained. 1 at any offering to ⁄12 of the total quantity of SEC. 4. EFFECTIVE DATE. More important, I believe there is a imports of the petroleum product brought The amendment made by section 2 takes need for such a law, as there continue into the State during the previous year (or effect on the earlier of— to be cases where this basic right—I do other period determined by the Secretary to (1) the date that is 180 days after the date view it as a basic right—is abused. As I be representative). of enactment of this Act; or started out, I would like to put this on ‘‘(C) PERCENTAGE OF OFFERING.—The Sec- (2) the date that final regulations are retary may limit the quantity that may be a personal level for everyone of my col- issued under section 3. leagues. You just think about your own purchased through binding offers at any of- By Mr. GLENN: fering to 3 percent of the offering. family, your own son, your own daugh- ‘‘(4) ADJUSTMENTS.— S. 193. A bill to provide protections ter, or grandchildren who might be, the ‘‘(A) IN GENERAL.—Notwithstanding any to individuals who are the human sub- next time they go to a doctor, the sub- limitation imposed under paragraph (3), in ject of research; to the Committee on ject of some medical experiment that administering this subsection, in the case of Labor and Human Resources. they are not even told about. I do not each offering, the Secretary shall, at the re- HUMAN RESEARCH SUBJECT PROTECTION ACT quest of the Governor of the State of Hawaii, think there can be many things more or an eligible entity certified under para- Mr. GLENN. Madam President, I rise un-American than that. graph (7), adjust the quantity to be sold to today to introduce the Human Re- With the introduction of this bill the State of Hawaii in accordance with this search Subject Protection Act of 1997. I today I hope to begin the process of paragraph. send the bill to the desk. correcting some serious gaps in our

VerDate Mar 15 2010 22:20 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\1997SENATE\S22JA7.REC S22JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S646 CONGRESSIONAL RECORD — SENATE January 22, 1997 legal system. I want to make clear What it comes down to is there are quirements of the common rule as ad- right now I am not seeking to bring no criminal fines or penalties for vio- ministered by the FDA. medical research to a screeching halt. lating the spirit or the letter of that In addition to the Federal regula- Please do not anybody at NIH, or any- Nuremberg Code that should be the tions, most professional medical soci- body doing research throughout this basis of all of our informed consent in eties and associations have adopted country, think we are trying to stop this country. ethical codes of conduct regarding re- that. We are not. That is not my intent In fact, our own Constitution says, search. and not the intent of this bill. ‘‘The right of the people to be secure in This country has the very finest their persons . . . shall not be vio- The first such ethical code, called the health care system in the world, in lated.’’ Helsinki Code, was adopted by the part because of basic research. In fact, So there is no explicit statutory pro- World Medical Association in 1964. So in large part because we have put more hibition against improper research. I it has been on the books for a long effort, more resources, more of our must add that just because there is no time. Since that time, other prominent treasure into health research than any law on the books does not mean there organizations, like the American Med- other nation in this world. In fact, I be- are no protections for people from un- ical Association, the American Society lieve most people are not opposed to ethical medical or scientific research. for Clinical Investigation, and the These tragic incidents I have men- participating themselves in scientific American Federation of Clinical Re- research, if they are told about the tioned have resulted in changes in the way human research subjects are treat- search have also adopted such ethical pros and the cons. That is the goal of codes. this legislation, to make sure that peo- ed. I don’t want to misrepresent this, Most recently, in October 1995, the ple have the appropriate information because there is a very elaborate sys- President exhibited, I believe, strong to make an informed choice about tem of protections that have developed their medical treatment. over the years. Unfortunately, though, leadership and established the National Everyone listening today probably this system does have some gaps and, if Bioethics Advisory Commission, NBAC. has heard of the Nuremberg Code. That enacted, I believe this legislation will This had been a long time coming. It is the list of 10 ethical research prin- close those gaps. had been suggested, but no one had ciples which were produced as part of Let me briefly describe the system ever gone ahead and done this, and the that is currently in place. President exerted the leadership and the judgment against Nazi physicians Regulations governing the protection established the NBAC. who engaged in truly heinous medical of human research subjects were issued experiments during World War II. by the Department of Health, Edu- Quite simply, the scientific and eth- The first principle of the Nuremberg cation, and Welfare in 1974 and may be ical issues which the NBAC are sup- Code states that the voluntary consent found at part 46 of title 45 of the Code posed to evaluate represent some of the of the human subject of research is ab- of Federal Regulations. most important, some of the most com- solutely essential. Unfortunately, as In 1991, 10 years after a recommenda- plex and controversial questions of our we look back through our history since tion of a congressionally chartered time. NBAC’s input will be critical to the late 1940’s, it appears that re- Presidential advisory board, 16 other informed policymaking for both the searchers in America may not have agencies adopted a portion of this rule, legislative and executive branches. taken all that Nuremberg lesson com- a portion of the rule to apply to re- The two primary goals of NBAC are pletely to heart. search that these agencies sponsored. to, first, evaluate the current level of I ask my colleagues what the fol- And at that point, these regulations compliance of Federal agencies to the lowing names might have in common: became known as the common rule. thalidomide, Tuskegee, and The common rule requires research common rule, and, second, evaluate the Willowbrook? institutions receiving Federal support common rule and advise both the exec- Well, the answer is that these are all and Federal agencies conducting re- utive and legislative branches on any sad examples of unethical research search to establish committees, and changes that might be needed to it. conducted in the United States, and in these are known as—the shorthand I very strongly support the work of the United States well after the Nur- version is IRB’s—Institutional Review the NBAC but recently have become emberg Code was issued, adopted and Boards. Their job is to review research extremely concerned to hear that more worldwide attention had been focused proposals for risk of harm to human than 15 months after its establishment, on some of the abuses of that time dur- subjects and to perform other duties to ing World War II. the NBAC is still operating with a vol- protect human research subjects. unteer staff. It was my understanding Given this history, I find it astound- The common rule also stipulates re- ing that even after Nuremberg, the that a number of Federal agencies sup- quirements related to informed con- ported the creation of the NBAC and thalidomide babies, Willowbrook, sent, how researchers must inform po- agreed to back up their support with Tuskegee and the cold war radiation tential subjects of the risks to which resources and staff. Some NBAC mem- experiments, and who knows how many they, as study participants, agree to be bers have stated in public meetings other cases, we still don’t have a law exposed. on our books requiring that informed It should also be noted that HHS reg- that they are frustrated with the consent—those two words, ‘‘informed ulations contain additional protections progress the Commission is making consent’’—be obtained prior to con- not included in the common rule for re- and attribute the slow pace to the lack ducting research on human subjects. search involving vulnerable popu- of resources. Additionally, the resource I have had research conducted on me lations; namely, pregnant women, problem may be limiting the number of because of my past activities before I fetuses, subjects of in vitro fertiliza- meetings of the Commission. came to the Senate in the space pro- tion research, prisoners and children. Further, if this problem is not re- gram and so on, but I knew what was No other Federal agency has adopted solved in the near term, the Commis- being looked at, what was being tried. these additional protections. sion may have to stop meeting alto- I knew the objectives of it, and I was Several mechanisms have been devel- gether. I sent a letter to the Presi- willing to do that. I was happy to do it. oped by HHS and research institutions dent’s science adviser a few days ago, But it was informed consent that I had over the years to extend the common- Dr. John Gibbons, to express my con- personally, and I knew what I was get- rule protections to more people. For cerns about this. Dr. Gibbons was ting into and glad to do it. example, many, but not all, research working to resolve this funding prob- I think most people feel the same institutions which receive some Fed- way. If they know what they are get- lem, which I view as an urgent pri- eral support voluntarily apply com- ority. ting into and they feel there is a good mon-rule guidelines to all research purpose to it, they are willing to do it. conducted at their institutions. I am very glad to announce—as a But to do research on people when they Additionally, in order to receive ap- matter of fact, it was just today—that don’t even know what the research or proval for a drug or device from the these groups in Government that are the medicines or the radiation is that Food and Drug Administration, a re- interested in this had a meeting under is being tried on them, I think is un- search institution or pharmaceutical Dr. Gibbons’ leadership, and the $1.6 conscionable. company must comply with the re- million that was supposed to accrue

VerDate Mar 15 2010 22:20 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\1997SENATE\S22JA7.REC S22JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 22, 1997 CONGRESSIONAL RECORD — SENATE S647 from these different agencies to be The Cleveland Plain-Dealer in my And I want to give credit to the people used by the NBAC is now forthcoming. home State of Ohio has recently re- that worked on that. Keith Epstein, has cov- So the NBAC is now funded so they can ported in a whole series of articles, ered Capitol Hill here and has written much do the job they were originally sup- and done much investigative reporting work- after much investigation of this issue. ing on this, as did Mr. Sloat, S-l-o-a-t, Bill posed to do. And I quote from them: Sloat. Those two fellows worked on this and We are very glad to say that has hap- What the government lacks in hard data did a great job in pointing out some of the pened just today, and I am glad it hap- about humans, it more than makes up for problems that still exist. And we have talked pened today, just when I am intro- with volumes of statistics about laboratory to them about some of these things. ducing this bill, because it looks as animals. Wonder how many guinea pigs were The Plain-Dealer uncovered a num- though we now truly are moving to used in U.S. research? The Agriculture De- ber of disturbing cases, very disturbing support the NBAC that did not receive partment knows: 333,379. How many ham- sters in Ohio? 2,782. cases as a matter of fact, where people the kind of monetary support, the kind were either unaware of the fact that of funding that we thought it was going So we have all this data on animals they were involved in research or were to have when it was first formed a year and little on human beings. I would not provided full information about po- and a half ago. hasten to add that the guinea pigs the tential side effects of research. The se- There are a number of existing mech- Plain-Dealer refers to are the four- ries raises very serious questions about anisms that do protect human research legged kind too and not the guinea pigs the adequacy of our current system of subjects today. In fact, in March of that are humans being used for re- protecting human research subjects. 1996, the GAO reported to me that the search. The Plain-Dealer found, for example, testing protection system has reduced The reason we know so much about of ‘‘4,154 FDA inspections of research- the likelihood of serious abuses from the use of animals in research is that ers testing new drugs on people [since occurring. However, the GAO also we have laws governing the handling 1977] . . . more than half the research- pointed out a number of weaknesses and treatment of them. ers were cited by FDA inspectors for and gaps in the current system. For example, the Animal Welfare Act failing to clearly disclose the experi- There are at least four areas, four requires that certain minimum stand- mental nature of their work.’’ major gaps. ards be maintained when using animals Another serious finding in this series First, not all agencies have adopted in research. is that researchers who receive the the common rule, including agencies Let me give you some recent exam- most severe penalty by the FDA, being that currently sponsor research involv- ples which indicate why, notwith- designated ‘‘Disqualified Investiga- ing human subjects. The Department of standing the common rule and the tors,’’ have little fear of this fact being Labor and the Nuclear Regulatory other protections that are in place, I found out by their peers or patients. Commission are examples of agencies think additional protections are need- that sponsor such research but those One of the articles discusses poten- ed in statute. tially serious problems in the way re- agencies have not adopted the common In 1994–95, in an effort to explore the rule, which I think they should have. search conducted outside of the United rights and interests of people currently States is incorporated into applica- Second, the common rule’s research involved in radiation research con- is voluntarily applied in many cases. tions for drug approvals in the United ducted or sponsored by the Federal States. Most institutions which receive Fed- Government, the Presidential Advisory eral funds will voluntarily apply the The Plain-Dealer uncovered much Committee on Human Radiation Ex- evidence to suggest that the Federal common rule to all research conducted periments conducted an in-depth re- at their institution. However, not all Government continues to sponsor re- view of 125 research projects funded by search where informed consent is not research institutions adopt this policy. HHS, DOE, DOD, VA, and NASA. Ac- And in any case, if any improper re- obtained. And this fact disturbed me cording to the ACHRE report: search is discovered at these institu- greatly also. tions, there are very few steps avail- Our review suggests that there are signifi- On November 14, 1996, the Wall Street cant deficiencies in some aspects of the cur- able to the Federal Government to do Journal published an article that ex- rent system for the protection of human sub- amined the practice at one pharma- much about it. jects. Third, a private institution or a re- ceutical firm, Eli Lilly and Co. in using searcher who conducts nonfederally The ACHRE found that documents homeless alcoholics in their clinical funded research or is not seeking ap- provided to IRB’s often did not contain trials. The article raises some dis- proval of a drug or device with the enough information about topics that turbing questions about the quality of FDA does not have to apply the prin- are central to the ethics of research in- the phase I trials conducted by this one ciples of the common rule to its re- volving human subjects. In some cases company. Also serious ethical ques- search. In other words, there is a huge the committee found it was difficult to tions are raised concerning the appro- area of all the private medical research assess the scientific merit of a protocol priateness of paying homeless alco- out there that is not under the com- based on the documentation provided. holics significant sums to be human mon rule unless they just choose them- ACHRE’s report states that some guinea pigs. It is not clear from the ar- selves to just voluntarily do it. consent forms studied by the com- ticle whether these tests were reviewed Fourth, no Federal agency, other mittee are—and I quote— by any IRB. than HHS, has applied the additional . . . flawed in morally significant respects, On December 27, 1996, the New York protections described in 45 CFR 46 for not merely because they are difficult to read Times reported on a New York State vulnerable populations—pregnant but because they are uninformative or even appeals court ruling which found that misleading. women and their fetus, children, pris- the State’s rules governing psychiatric oners—to their own research. So the The report states further: experiments on children and the men- purpose of this legislation is to help Our review also raises serious concerns tally ill were unconstitutional. The close the gaps that exist within the about some research involving children and court found that the rules did not ade- current system for protecting research adults with questionable decision-making quately protect people who, because of capacity. subjects. age or illness, cannot give informed Well, is there really a problem out And the ACHRE concludes: consent to take part in drug tests or there? All told, the documents of almost half the other experiments. The article men- Is this just a paper loophole that I studies reviewed by the committee that in- tions 10 to 15 of the 400 psychiatric ex- am trying to close? volved greater than minimal risk [to the periments covered by the ruling as Unfortunately, Mr. President, there subject] raised serious or moderate concerns. being ‘‘privately financed’’ and there- are ongoing problems with inappro- That is a horrible indictment. fore outside the coverage of Federal priate, ethically suspect research on As I mentioned earlier, from Decem- rules. human subjects. It is difficult to know ber 15 to 18, 1996, the Cleveland Plain- How would you like it if your father, the extent of such problems because in- Dealer published a series of articles en- mother, son or daughter, husband, wife formation is not collected in any for- titled ‘‘Drug Trials: Do People Know was in one of those institutions and mal manner on human research. the Truth About Experiments.’’ was having experiments conducted on

VerDate Mar 15 2010 22:20 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\1997SENATE\S22JA7.REC S22JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S648 CONGRESSIONAL RECORD — SENATE January 22, 1997 them without your knowing about it or problems with how the common rule Senator DEWINE, is also concerned without them knowing about it? That itself is being applied. Some of these about the issues I have raised today, is what we are up against. examples illustrate the gaps in the and about those that appeared last On August 15, 1994, the New York common rule coverage. My legislation month in the Plain Dealer. I believe Times reported on ethical and legal will address both the coverage and the that he has requested that the chair- questions regarding a company’s ef- application of the common rule. man of the Labor and Human Re- forts to promote a drug that can make Now how precisely would the legisla- sources Committee hold hearings on some children grow taller than they tion work? this subject. I think that is entirely ap- otherwise would. The drug in question, It would require all research facili- propriate. And I hope that this legisla- Protropin, has been approved by FDA ties to register with HHS. Registration tion could be considered in that proc- for use in children whose bodies do not shall include: First, statement of prin- ess. I look forward to working with the make sufficient quantities of human ciples governing the research facility Labor Committee in this regard. growth hormone. However, once ap- in its conduct of human subject re- I do not claim to have the magic bul- proved, doctors may prescribe it for search; second, designation of the offi- let solution with this bill. However, I other purposes at their discretion. In cial responsible for all human subject; believe there are some key principles this case the company was apparently third, designation of membership ros- which should guide the Senate’s con- surveying schools for short children ter of IRB(s); and fourth, attestation sideration of this legislation. These and then trying to funnel those chil- that the research facility is complying principles are: dren to doctors who would prescribe with the protection requirements of First, informed consent and inde- the drug whether or not the children the common rule. pendent review of experiments involv- lacked the human growth hormone. The legislation includes a grand- ing human subjects must be required. This unapproved research was occur- father provision for all research enti- Second, anyone who violates the ring without the oversight of an IRB. ties which currently have negotiated right of research subject to have in- And at least 15,000 children have taken project assurances with HHS. The vast formed consent, should be held crimi- this drug. majority of research facilities have nally responsible for that violation. Another illustration of the precar- such assurances. I want to put this in personal terms ious coverage of the common rule oc- The legislation contains a 3-year re- once again. You can imagine your curred in 1995 when it became known registration requirement. spouse, husband, wife, father, mother, that researchers from the Center for The legislation includes criminal children, being experimented on with- Reproductive Health at the University penalties for failure to comply with the out your knowledge or their knowl- of California Irvine, were fertilizing act. Therefore, if enacted it would be a edge. That is unconscionable, and we humans and implanting theses in dif- felony offense to experiment on some- should not permit that. This legisla- ferent mothers without the consent of one without their informed consent. tion will close many of the loopholes the donor. This research was not being The intent therefore of this legisla- that permit that to happen now. funded by any Federal agency; how- tion is twofold: First, to fill in the gaps As the legislative process moves ever, NIH was funding more than $20 of coverage of the common rule by re- ahead, it is certain that the bill will million worth of other research at the quiring all research involving human undergo scrutiny and amendments. But university. Even though several inter- subjects to abide by the rule; and sec- I think the outcome, if this legislation nal and external investigations by the ond, to elevate the importance of con- is enacted into law, will be improved university and the district attorney ducting research ethically, the bill pro- protections for all Americans. were being conducted on this experi- vides criminal fines and penalties for Madam President, obviously, I wel- ment, a clarifying moment occurred failure to comply with the require- come any cosponsors on this legisla- when investigators from OPRR visited ments of this law, and by extension 45 tion. I will be sending out a ‘‘dear col- UC Irvine early last year. These inves- CFR 46. league’’ letter to all the offices, and I tigators reminded university officials Finally Mr. President, my legislation hope we get a good response to that. I of the common rule; the fact that the would codify a recommendation which think there are very few Senators who university had agreed to apply it to all the Advisory Committee on Human Ra- will not back this when they hear what research conducted there—through diation Experiments made regarding can happen then to them, their fami- OPRR’s assurance process; and that the conduct of classified research in- lies, and their constituents back home, NIH was currently funding a good deal volving human subjects. if we do not pass something like this. of research at the institution. Within a Specifically, the advisory committee I think this is many years overdue. I week of OPRR’s visit, the university recommended that informed consent of don’t want to scare people to death took public action to halt the research all human subjects of classified re- with this, because I think most of the and formally investigate the research- search be required, and that such re- research in this country is conducted ers. quirement not be subject to waiver or in a way that is good and is with in- On October 10, 1994, the New York exemption. Under current rule and ex- formed consent—in most cases. But Times reported on a New York doctor ecutive order, it is possible to waive in- just the few examples that I have men- who adopted two types of drugs ap- formed consent and IRB review for tioned here today, as well as the arti- proved by FDA for cancer treatment classified research. Title II of this leg- cles in the Cleveland Plain Dealer and and stomach ulcers for an unapproved islation would prohibit the waiver of New York Times I quoted from, indi- use to perform nonsurgical abortions. either informed consent or IRB review cate there is still a very major problem The article quotes the doctor saying for classified research. in this area and one that we want to that in 121 of 126 cases his approach The advisory committee also rec- close the gaps on so that no American was successful. The remaining five ommended that human subjects of clas- is subjected to experiments like this, cases required surgery to complete the sified research be provided with certain unless they know exactly what is going procedure. Because the drugs were FDA information regarding that research. on and have given informed consent. approved and the doctor was not fund- My legislation would require that such Thank you. I yield the floor. ed or connected to federally sponsored subjects be information concerning: research, no IRB or approved informed First, the identify of the sponsoring By Mr. CHAFEE (for himself, Mr. consent procedures were required. Ap- Federal agency; second, a statement MOYNIHAN, Mr. ABRAHAM, and parently, each patient signed a three- that the research involves classified in- Mr. KYL): page consent form, but this was not ap- formation; and third, an unclassified S. 194. A bill to amend the Internal proved by an IRB. According to the description of the purpose of the re- Revenue Code of 1986 to make perma- Times, once FDA approves a drug, phy- search. nent the section 170(e)(5) rules per- sicians are generally allowed to use it Mr. President I have tried today to taining to gifts of publicly traded stock for off label purposes. briefly lay out the case for the need for to certain private foundations and for Now Mr. President, some of the the legislation I am introducing. I other purposes; to the Committee on issues discussed in these articles are know that my colleague from Ohio, Finance.

VerDate Mar 15 2010 22:20 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\1997SENATE\S22JA7.REC S22JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 22, 1997 CONGRESSIONAL RECORD — SENATE S649 PRIVATE FOUNDATIONS LEGISLATION 1923 that cervical cancer could be diag- A similar proposal introduced in the Mr. CHAFEE. Mr. President, today, I nosed before a woman presented any 104th Congress was estimated by the am introducing legislation which symptoms. That breakthrough led to Joint Committee on Taxation to cost makes permanent the full value deduc- the basic and now routine diagnostic $287 million over 5 years. tion for gifts of appreciated stock to technique known as the Pap smear. Mr. MOYNIHAN. Mr. President, I am private foundations. I am pleased that In 1951, Dr. Max Theiler received the pleased to join my distinguished col- my distinguished colleagues, Senator Nobel Prize in medicine for his work in league, Senator CHAFEE, in introducing MOYNIHAN and Senator ABRAHAM, have developing the yellow fever vaccine. this legislation to extend permanently agreed to join me in this effort. That effort was the direct result of a the full, fair market value deduction Since 1984, donors have been allowed 30-year, all-out commitment by the for gifts of publicly traded stock to pri- to deduct the full fair market value of Rockefeller Foundation to eradicate vate foundations. certain gifts of public traded stock to this disease. Much of the focus in Congress over private foundations. This provision of But, Mr. President, private founda- the last several years has been on ef- the tax code was added as part of the tions have been involved in many more forts to control or reduce Government Tax Reform Act of 1984 to encourage aspects of our daily lives than simply spending in order to balance the budg- individuals to create foundations dur- funding medical advances. Dr. John et. As programs are cut to meet budget ing their lifetime. Unfortunately, when V.N. Dorr was an engineer in the early constraints, pressure will be placed on this section was enacted it included a 1950’s. He speculated that many acci- other sectors, particularly the inde- sunset date of December 31, 1994 which dents occurring on our Nation’s high- pendent sector, to fill the void. Al- ready, the extent to which nonprofit was extended through May 31, 1997 as ways during inclement weather were institutions in the United States per- part of the Small Business Jobs Protec- the result of drivers hugging the white form functions that are typically gov- tion Act. Without this provision, the lines painted in the middle of the road. ernmental undertakings in other coun- number of new foundations—as well as Dorr believed that if similar lines were tries is perhaps not fully understood or additional endowments to existing painted on the shoulder side of the appreciated. It is a unique feature of foundations—is likely to fall off dra- road, lives could be saved. our society of inestimable value and matically. Dorr convinced transportation engi- must be sustained. As demand on the Private foundations are nonprofit or- neers in Westchester County, NY, to independent sector grows, we must sup- ganizations that support charitable ac- test his theory along a particularly port its efforts to promote the common tivities in order to serve the common treacherous stretch of highway. The good and confront social problems. good. They provide support by making dropoff in accidents along this part of A bit of history: prior to 1969, con- grants to other nonprofit agencies, or the road was dramatic, and Dr. Dorr tributions of appreciated property were through operating their own programs. used his own foundation to publicize deductible at their fair market value. In some cases, such as scholarships and the demonstration’s results nationally. In 1969, Congress adopted a number of disaster relief, foundations may make Today, although State funds are now rules to address certain abuses then oc- grants to individuals. used to paint white lines on the shoul- curring with respect to a small number Foundations are created with endow- der side of the Nation’s highways, of private foundations. These included ments—money given by individuals, every person traveling in motor vehi- a series of targeted Treasury Depart- families, or corporations. They make cles is indebted to Dorr and his founda- ment recommendations to impose ex- grants or operate programs with the tion for implementing this lifesaving cise tax penalties on self-dealing trans- income earned from investing the en- discovery. actions, excess business holdings, in- dowments. Since most foundations As these examples indicate, private sufficient distributions for charitable have permanent endowments, they do foundations provide a great many bene- purposes, and the like. However, in re- not need to raise funds each year from fits to our society. By permanently ex- sponse to the negative publicity sur- the public in order to continue their tending this tax incentive, we can con- rounding private foundations at the work. Freed from these constraints, tinue to encourage individuals to dedi- time, Congress felt it necessary to im- foundations are perfectly positioned to cate a substantial portion of their pose other restrictions beyond the tar- act as the research and development wealth to public, rather than private geted Treasury proposals. These in- arm of society. purposes. I hope my colleagues will cluded a provision to limit the deduc- In a 1965 Report on Private Founda- support this legislation. tion for gifts of appreciated property to tions, the Treasury Department recog- Our bill permanently extends the tax private foundations to the donor’s nized the special nature of foundations incentive for an individual who con- basis, usually, the original purchase by describing them as ‘‘uniquely quali- tributes stock to a private foundation. price. fied to initiate thought and action, ex- This provision currently expires on After 1969, the IRS and other experts periment with new untried ventures, May 31, 1997. concluded that the targeted antiabuse dissent from prevailing attitudes, and Under this bill, a taxpayer who con- rules worked well to correct the prob- act quickly and flexibly.’’ Indeed, foun- tributes publicly traded stock to a pri- lems with private foundations. And dations reflect the innovative spirit of vate foundation would be allowed a de- nothing indicated that the 1969 limit the individuals and corporations that duction for the full fair market value on deductibility of gifts of appreciated endow them. of the stock. Absent this legislation, property to private foundations was There are more than 34,000 private the deduction would be limited to the necessary to prevent abuse, at least to foundations in America today that pro- cost basis of the stock, which for many the extent that the property’s value vide over $9 billion annually to support donors effectively eliminates the in- was readily determinable. Thus, in innumerable projects, large and small. centive to make the donation. 1984, Congress approved a rule, that Among other things, they help the poor The legislation also conforms the due sunset after 10 years, providing a de- and disadvantaged, advance scientific date for a private foundation’s first duction for the full value of gifts of and medical research, and strengthen quarter estimated tax payment with publicly traded stock to private foun- the American educational system. the filing date for the annual tax re- dations. This temporarily restored par- Let me give you a few examples of turn. Currently, a private foundation is ity of treatment to contributions of some of the medical advances that required to make its first quarter esti- stock to public charities—already fully have occurred as a result of the finan- mated tax payment on April 15, even deductible—and to private foundations. cial assistance provided by private though the annual income tax return is Then came the Tax Reform Act of foundations: The polio vaccine devel- not due until May 15. Under this bill, a 1986, which was largely an effort to oped by Dr. Jonas Salk in 1953 after the foundation’s first estimated tax pay- broaden the tax base and reduce rates. Sarah Scaife Foundation provided him ment would be due on May 15. One such base-broadening provision with the money he needed to establish Finally, the bill also simplifies the was the creation of a tax preference and equip his virus laboratory. rules governing distributions from a under the individual alternative min- With the help of the Commonwealth private foundation to a charity located imum tax [AMT] for gifts of appre- Fund, Dr. Papanicolaou discovered in outside the United States. ciated

VerDate Mar 15 2010 22:20 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\1997SENATE\S22JA7.REC S22JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S650 CONGRESSIONAL RECORD — SENATE January 22, 1997 property to charitable organizations. buildings is allocated according to need that we can approve rapidly this rel- Thus, taxpayers subject to the AMT and priority. atively minor but, I believe, important could only deduct the basis of property First, the bill would require the and helpful change in procedure. donated to charitable organizations. President to submit the administra- As it turned out, the 1986 Tax Act tion’s building construction budget re- By Mr. ROTH (for himself, Mr. worked all too well. Not only was the quest in the form of a prioritized list of LOTT, Mr. BREAUX, Mr. GRASS- base broadened, but charitable giving projects. Second, and most impor- LEY, Mr. NICKLES, Mr. MUR- of appreciated property nearly dis- tantly, the bill would require the Gen- KOWSKI, Mr. ABRAHAM, Mr. KYL, appeared. And the charitable organiza- eral Services Administration to pre- Mr. HELMS, Mr. D’AMATO, Mr. tions let us know that our action had pare and maintain a ranked priority CRAIG, Mrs. HUTCHISON, Mr. hurt them financially in such a way list of all ongoing and proposed con- MCCONNELL, Mr. THOMAS, Mr. that not only they, but the larger pub- struction projects. The list would be GORDON H. SMITH, Mr. DEWINE, lic trust they serve, were suffering. updated and reprioritized with each Mr. INHOFE, Mr. BRYAN, Mr. Thus, at the behest of this Senator, in new project added either through ad- ROBERTS, Ms. MIKULSKI, Mr. 1990 Congress at first temporarily, and ministrative or congressional action. SMITH, Mr. HATCH, Mr. BEN- then in 1993 permanently, repealed the Last year, Congress provided nearly NETT, Mr. KEMPTHORNE, Mr. tax preference for contributions of ap- $900 million for Federal building con- INOUYE, Mr. ENZI, Mr. FORD, Mr. preciated property. struction and major repairs not includ- BURNS, Mr. LIEBERMAN, Mr. At the end of 1994, however, the full ing the funds provided to the Depart- HAGEL, Mr. GRAMM, Mr. DODD, deduction for contributions of appre- ment of Defense. Over the past 5 years Ms. COLLINS, Mr. GREGG, Mr. ciated stock to private foundations ex- Congress obligated over $4 billion for GRAMS, Mr. BOND, and Mr. pired. It had been intended as a 10-year this purpose. This is an enormous sum KOHL): experiment; the 10 years ran out, and of money. Clearly, the Federal building S. 197. A bill to amend the Internal the experiment was over. But most ob- construction program can and must Revenue Code of 1986 to encourage sav- servers concluded that the experiment share in the sacrifice as we seek to ings and investment through individual had worked—the private foundation gain, control over the deficit. retirement accounts, and for other pur- rules continued to work reasonably As we rein in spending, it is more poses; to the Committee on Finance. well to prevent abuse, even while gifts critical now than ever to ensure that THE SAVINGS AND INVESTMENT INCENTIVES ACT of appreciated stock were fully deduct- scarce financial resources are allocated OF 1997 Mr. ROTH. Mr. President, today we ible. In particular, the rule was not a to our highest priorities. In order to reintroduce the super IRA, a savings source of compliance problems for the trim the fat in an informed and effi- plan that is well-known as the Roth- Internal Revenue Service. Thus, we cient manner, Congress, the adminis- tration and the taxpaying public must Breaux super IRA. agreed to extend the provision tempo- I’m honored again to be joined by rarily just last year in the Small Busi- know what our construction priorities Senator JOHN BREAUX, in introducing are. ness Job Protection Act. Unfortu- this bill. I believe now, as I did last During debate on the rescission bill nately, it will expire once again at the Congress, that this is extremely well in the last Congress, the Senate consid- end of May. There being no harm done conceived legislation that succeeds in ered proposals to cut Federal construc- by this provision, and much good, it is strengthening two fundamental compo- tion funding. The list of projects pro- a rule we should like to see extended nents of our society: the family and the posed for defunding was rather arbi- once again—and this time perma- future of our economy. Much has been trary and capricious. The tenets of nently. written and said about both of these good government dictate that when we Mr. President, no reason exists to lately, particularly as we look to a new provide different treatment under the reduce spending, our lowest priorities century. Likewise, we’re hearing more Tax Code for gifts of appreciated stock should be put on the chopping block and more about the need to promote to private foundations than is provided first. Yet, Congress cannot readily de- personal responsibility and self-suffi- for such gifts to public charities. Pri- termine what those priorities are. By ciency. vate foundations are an important requiring the General Services Admin- The Roth-Breaux super IRA will have component of our nonprofit, inde- istration, which administers the Fed- a positive influence in all of these pendent sector. They make vast con- eral building fund, to maintain a areas. Congress understands this. tributions to our society in the areas of ranked list of project priorities, we can That’s why Congress has passed similar education, health, disaster relief, the be sure that funding decisions will be legislation in the past. We all know advancement of knowledge and the made on the basis of merit rather than that Washington must promote policies preservation of historical and cultural politics or congressional caprice. that strengthen family and create an artifacts, to name only a few. Govern- Mr. President, foremost, this legisla- environment where our economy can ment must play a role in ensuring that tion will help us address the pork bar- grow, this is why our IRA legislation in nonprofit institutions not merely sur- rel politics which has played far too the past has been marked by a strong, vive, but thrive—particularly during great a role in the process of Federal cooperative, bipartisan spirit. In 1991, an era of Government cutbacks. The building construction. Currently, when legislation similar to this had 78 co- legislation we introduce today will be a a Member of Congress decides a new sponsors. In 1994, we had 58 cosponsors great help in this regard. I look for- building is needed in his or her State or and in 1995, 52 cosponsors. I believe this ward to its early and favorable consid- district, the General Services Adminis- legislation will find similar support. eration in the 105th Congress. tration conducts what is known as an Why? Because this super IRA will go 11b survey to determine the need. In a long way toward strengthening our By Mr. McCAIN: most cases, the GSA determines that a families and restoring equity to work- S. 196. A bill to amend the Public need exists. The study is then used to at-home spouses and other workers Buildings Act of 1959 to require the Ad- justify project authorization and ap- without pensions. It will also boost our ministrator of General Services to propriation, even though a finding of Nation’s saving rate and lead to capital prioritize construction and alteration need is not a finding that such a formation, increased investment and projects in accordance with merit- project is a priority. economic growth. The lack of saving in based needs criteria, and for other pur- As projects that are not in the Presi- this country, as we all know, is a real poses; to the Committee on Environ- dent’s budget request are added by concern. Chairman Alan Greenspan at ment and Public Works. Congress, we do not always have a the Federal Reserve says that the sin- THE FEDERAL BUILDING CONSTRUCTION AND clear idea of where they are ranked gle most important long-term eco- ALTERATION FUNDING IMPROVEMENT ACT among competing priorities. Passage of nomic issue for this country is sav- Mr. MCCAIN. Mr. President, today I this legislation will ensure that this ings—savings that are essential for am introducing legislation to establish vital information is readily available. jobs, opportunity, and growth. a system to ensure that funding for the I urge the relevant committees to ex- This super IRA has been designed to construction and repair of Federal peditiously examine this proposal so address our Nation’s need for savings

VerDate Mar 15 2010 22:20 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\1997SENATE\S22JA7.REC S22JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 22, 1997 CONGRESSIONAL RECORD — SENATE S651 and to provide families with as much The facts are staring us in the face. The two important changes made by flexibility as possible to use their sav- Within 30 years one out of every five this legislation represent a substantial ings not only for their security, but for Americans will be over 65. The baby effort to close any loopholes that exist the important goals and challenges in boomers are 76 million strong, doubling in our lobbying and gift laws. The Con- life. For example, this super IRA al- the number of Social Security bene- gress has begun to make great strides lows withdrawals to be made penalty- ficiaries by the year 2040. to restore the public’s confidence in free to purchase first homes, to pay for At the same time, Social Security this institution. We must continue college, and to cover expenses during outlays will begin out pacing Social that good work. extended periods of unemployment. Security receipts in 2013 and the Social This super IRA removes many of the Security trust fund will be bankrupt in By Mr. McCAIN: Tax Code’s barriers to retirement sav- 2029 if we don’t take the necessary S. 199. A bill to require industry cost- ing. First, this bill increases and steps to preserve it. And our national sharing for the construction of certain phases out the IRA’s income limits savings rate is only 1 percent of GDP. new federally funded research facili- over 4 years, and increases the con- This is one-half of what it was in 1970. ties, and for other purposes; to the tribution limit to keep up with infla- By comparison, we save half as much Committee on Governmental Affairs. tion. Furthermore, one of the key fea- as the Germans and one-third as much THE FEDERAL RESEARCH FINANCING tures of our bill is that we separate the as the Japanese. This is a serious prob- IMPROVEMENT ACT OF 1997 IRA and the 401(k) or 403(b), so Ameri- lem. We need to address it by reducing Mr. MCCAIN. Mr. President, today I cans can save the maximum in both, the budget deficit and eliminating the am introducing legislation to restore and so that spouses who work at home drain it places on our national savings fairness and fiscal accountability to will not have their savings limited by but we need to address it in other ways, the Federal Government’s many re- their husband’s or wife’s 401(k). as well. search and development programs and To strengthen the way this super IRA The Super IRA bill makes changes in activities. The bill would require that serves our families, this legislation not the rules governing IRA’s that will ex- commercial interests share the cost of only allows parents to use penalty free pand the availability of the IRA as a constructing and operating new Fed- withdrawals to help their children savings vehicle. The income caps will eral research facilities that are in- meet these goals and challenges, but be eliminated over a 5-year period. Our tended to benefit their industries. children can use their IRA’s to help bill creates a new kind of IRA that al- Last year, the Federal Government their parents. Grandparents can make lows taxpayers to earn tax-free income. spent $73 billion for research programs, penalty free withdrawals to help grand- Funds can be withdrawn from either including facility construction. Many children. And grandchildren can use the current form of IRA or the new IRA of these programs are intended pri- their IRA’s to help their grandparents. to purchase a first home, meet a fam- marily to assist private industries and Our objective is to make this IRA as ily’s income needs during an extended are sponsored by a host of Federal family oriented, as flexible and as use- period of unemployment or to pay for agencies, predominantly the Depart- ful as possible. It will go a long way to- educational expenses. ment of Defense, the Department of ward promoting opportunity and reli- IRA’s have broad bipartisan support Agriculture, the Department of Com- ance on self and family. as demonstrated by the list of cospon- merce, and the National Research Let me stress, this super IRA bill sors. I hope that we will work together Council. builds on what we did in the Small to pass this legislation this year. For example, the Department of Ag- Business job Protection Act of 1996 and riculture spends nearly $750 million per eliminates the unequal treatment of By Mr. McCAIN: year for 116 centers under the Agri- work-at-home spouses that now exists S. 198. A bill to prohibit campaign ex- culture Research Service. These feder- under current law. This bill allows penditures for services of lobbyists, and ally funded centers are designed to help spouses—husbands or wives—who work for other purposes; to the Committee a variety of agricultural industries, at home to make equal IRA contribu- on Rules and Administration. many of which have enormous re- tions, up to $2,000, in their own ac- THE LOBBYING CONFLICT OF INTEREST sources and do not require Federal as- counts regardless of whether their ELIMINATION ACT sistance. I understand the agency is spouse has an employer pension. Mr. MCCAIN. Mr. President today I planning to construct even more facili- With the super IRA, we also create a am introducing legislation entitled the ties. Last year, Congress appropriated new type of individual retirement ac- ‘‘Lobbying Conflict of Interest Elimi- $26 million to construct a new swine re- count—an IRA in which an individual’s nation Act.’’ This bill would ban a can- search center at Iowa State University, contribution is not tax deductible, but didate or a candidate’s authorized com- even though we already have 12 Federal where the earnings can be withdrawn mittee from paying registered lobby- centers dedicated to swine research. tax free if the account is open for at ists for political services. Additionally, This additional facility will cost nearly least 5 years, and the account owner is the bill would mandate that any polit- $10 million a year to operate. at least 591⁄2 when the funds are with- ical contributions made by a registered Mr. President, I recognize the impor- drawn. lobbyist be reported by such individual tance of research and development to Mr. President, it’s clear to see why when he or she files his or her lobbying our competitiveness and economic this is a bill whose time has come. We disclosure report as mandated in the growth, although I seriously question have passed it before—in both Houses Lobbying Disclosure Act. why we need 13 centers dedicated to of Congress—now we must pass it In the last Congress, we were success- swine research. Nevertheless, given our again. It serves the individual. It ful in passing legislation that bans serious fiscal condition at a time when serves the family. It serves the Nation. gifts from lobbyists to Members and we are contemplating significant re- It is equitable, restoring spousal con- staff in order to put a wall between lob- ductions in practically every area of tributions to where they should be. It byists who seek to curry special favor domestic discretionary spending, I see is flexible, offering penalty free with- by the giving of gifts. Unfortunately, a absolutely no reason why Government drawals for life’s necessities. It prom- loophole allows lobbyists to serve as research that benefits private indus- ises the vital capital formation Amer- fundraisers for Members of Congress, tries, many of them quite prosperous, ica needs to invest in its future. And it which could result in an increase in should not be cost-shared by the pri- builds upon the very important concept their influence. vate sector. of self-reliance. Mr. President, this practice must Regarding swine research centers, Mr. BREAUX. Mr. President, today stop. Registered lobbyists who work for the pork industry generates nearly $66 Senator ROTH and I are introducing the campaigns as fundraisers clearly rep- billion per year. Surely, it is reason- Savings and Investment Incentive Act resent a conflict of interest. When a able to expect the industry, and the of 1997. We have introduced this bill in campaign employs an individual who many others that directly benefit from past Congresses but it is even more also lobbies that Member, the percep- Federal research, to share the cost of timely now as the pressure builds to se- tion of undue and unfair influence is the centers and its operation. I should cure the retirement of the baby raised. This legislation would stop such add that the legislation would not re- boomers. practices. quire cost sharing for any research

VerDate Mar 15 2010 22:20 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\1997SENATE\S22JA7.REC S22JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S652 CONGRESSIONAL RECORD — SENATE January 22, 1997 conducted for the purpose of helping to provide for fair and accurate crimi- a bill to control youth violence, crime, industry comply with Federal regula- nal trials, reduce violent juvenile and drug abuse, and for other purposes. tions. crime, promote accountability by juve- S. 40 Mr. President, industry is histori- nile criminals, punish and deter violent cally more cautious with their re- gang crime, reduce the fiscal burden At the request of Mr. FAIRCLOTH, the sources than the Federal Government. imposed by criminal alien prisoners, name of the Senator from New Hamp- If the private sector will not expend promote safe citizen self-defense, com- shire [Mr. SMITH] was added as a co- their resources for a program that is bat the importation, production, sale, sponsor of S. 40, a bill to provide Fed- intended for their benefit, one must and use of illegal drugs, and for other eral sanctions for practitioners who ad- question why we should feel compelled purposes. minister, dispense, or recommend the use of marihuana, and for other pur- to spend the taxpayers’ hard-earned S. 4 poses. money on the same venture. Public-pri- At the request of Mr. MACK, his name vate cost-sharing arrangements for was added as a cosponsor of S. 4, a bill S. 104 commercially oriented Federal re- to amend the Fair Labor Standards Act At the request of Mr. MURKOWSKI, the search will ensure that proposed activi- of 1938 to provide to private sector em- name of the Senator from Mississippi ties are truly cost-beneficial and that ployees the same opportunities for [Mr. COCHRAN] was added as a cospon- the potential outcomes of the research time-and-a-half compensatory time off, sor of S. 104, a bill to amend the Nu- are worth the dollars invested. biweekly work programs, and flexible clear Waste Policy Act of 1982. Again, I realize and appreciate the credit hour programs as Federal em- importance of research and develop- ployees currently enjoy to help balance f ment. I believe, however, that the leg- the demands and needs of work and islation is a prudent and responsible family, to clarify the provisions relat- approach which, no doubt, can be im- SENATE CONCURRENT RESOLU- ing to exemptions of certain profes- TION 4—COMMENDING AND proved, but which should receive the sionals from the minimum wage and Senate’s full and timely consideration. THANKING THE HONORABLE overtime requirements of the Fair WARREN CHRISTOPHER I hope that we can have a hearing in Labor Standards Act of 1938, and for the very near future to examine what I other purposes. Mr. CONRAD (for himself, Mr. DOR- believe is a very important fiscal issue. At the request of Mr. ASHCROFT, the GAN, Mr. DODD, Mr. BIDDEN, Ms. By Mr. AKAKA (for himself and name of the Senator from New Hamp- MOSELEY-BRAUN, and Mr. DASCHLE) shire [Mr. SMITH] was added as a co- submitted the following concurrent Mr. INOUYE): S.J. Res. 10. A joint resolution to sponsor of S. 4, supra. resolution; which was considered and consent to certain amendments en- S. 5 agreed to: acted by the Legislature of the State of At the request of Mr. MACK, his name Whereas Secretary Warren Christopher Hawaii to the Hawaiian Homes Com- was added as a cosponsor of S. 5, a bill served as Secretary of State from 1993 until 1997, and maintained the tradition of that Of- mission Act, 1920; to the Committee on to establish legal standards and proce- dures for product liability litigation, fice by representing the international inter- Energy and Natural Resources. ests of the United States with great dignity, THE HAWAIIAN HOMES COMMISSION ACT, 1920 and for other purposes. grace, and ability; AMENDMENTS CONSENT ACT OF 1997 S. 6 Whereas Secretary Christopher, during his Mr. AKAKA. Mr. President, I ask At the request of Mr. MACK, his name tenure as Secretary of State, engaged in unanimous consent that the text of the was added as a cosponsor of S. 6, a bill more international travel than any other joint resolution be printed in the to amend title 18, United States Code, Secretary of State in United States history, RECORD. to ban partial-birth abortions. reflecting his indefatigable commitment to There being no objection, the joint At the request of Mr. SANTORUM, the advancing peace and justice, protecting and resolution was ordered to be printed in name of the Senator from Alabama promoting United States interests, and pre- serving United States leadership in inter- the RECORD, as follows: [Mr. SHELBY] was added as a cosponsor national affairs; S.J. RES. 10 of S. 6, supra. Whereas Secretary Christopher has played Resolved by the Senate and House of Rep- S. 7 a key leadership role in United States for- resentatives of the United States of America in At the request of Mr. MACK, his name eign policy achievements, including ending Congress assembled, That, as required by section 4 of the Act was added as a cosponsor of S. 7, a bill the war in Bosnia, restoring an elected gov- entitled ‘‘An Act to provide for the admis- to establish a United States policy for ernment in Haiti, and advancing peace in the sion of the State of Hawaii into the Union’’, the deployment of a national missile Middle East; approved March 18, 1959 (73 Stat. 4), the defense system, and for other purposes. Whereas Secretary Christopher served with distinction as Deputy Secretary of State United States consents to the following S. 8 amendments to the Hawaiian Homes Com- from 1977 until 1981 and, among his accom- At the request of Mr. MACK, his name mission Act, 1920, adopted by the State of plishments as Deputy Secretary, is credited Hawaii in the manner required for State leg- was added as a cosponsor of S. 8, a bill with skillfully negotiating the release of islation: to reauthorize and amend the Com- American hostages in Iran; (1) Act 339 of the Session Laws of Hawaii, prehensive Environmental Response, Whereas Secretary Christopher has had a 1993. Liability, and Compensation Act of distinguished career in law and public serv- (2) Act 37 of the Session Laws of Hawaii, 1980, and for other purposes. ice in California; 1994. S. 9 Whereas Secretary Christopher, born in f At the request of Mr. MACK, his name Scranton, North Dakota, is one of North Da- ADDITIONAL COSPONSORS was added as a cosponsor of S. 9, a bill kota’s most distinguished native sons and has always displayed the quiet strength and S. 1 to protect individuals from having work ethic associated with the people of the At the request of Mr. MACK, his name their money involuntarily collected Great Plains; was added as a cosponsor of S. 1, a bill and used for politics by a corporation Whereas in 1997 Secretary Christopher to provide for safe and affordable or labor organization. leaves his position as the 63d Secretary of schools. S. 10 State; and S. 2 At the request of Mr. MACK, his name Whereas Secretary Christopher has earned At the request of Mr. MACK, his name was added as a cosponsor of S. 10, a bill the respect and admiration of Congress and was added as a cosponsor of S. 2, a bill to reduce violent juvenile crime, pro- the American people: Now, therefore, be it to amend the Internal Revenue Code of mote accountability by juvenile crimi- Resolved by the Senate (the House of Rep- 1986 to provide tax relief for American nals, punish and deter violent gang resentatives concurring), That Congress com- families, and for other purposes. crime, and for other purposes. mends and thanks the Honorable Warren Christopher for his exemplary diplomatic S. 3 S. 15 service, and for his skillful and indefatigable At the request of Mr. MACK, his name At the request of Mr. INOUYE, his efforts to advance peace and justice around was added as a cosponsor of S. 3, a bill name was added as a cosponsor of S. 15, the world.

VerDate Mar 15 2010 22:20 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\1997SENATE\S22JA7.REC S22JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 22, 1997 CONGRESSIONAL RECORD — SENATE S653 SENATE RESOLUTION 20—ORIGI- SEC. 5. There are authorized such sums as mittee on Armed Services be author- NAL RESOLUTION REPORTED AU- may be necessary for agency contributions ized to meet on Wednesday, January 22, THORIZING EXPENDITURES BY related to the compensation of employees of 1997, at 3:00 p.m. in executive session, THE COMMITTEE ON AGRI- the committee from March 1, 1997, through to consider the nomination of William February 28, 1998, and March 1, 1998, through CULTURE, NUTRITION, AND FOR- February 28, 1999, to be paid from the Appro- S. Cohen to be Secretary of Defense. ESTRY priations account for ‘‘Expenses of Inquiries The PRESIDING OFFICER. Without objection, it is so ordered. Mr. LUGAR, from the Committee on and Investigations.’’ COMMITTEE ON BANKING, HOUSING, AND URBAN Agriculture, Nutrition, and Forestry, f AFFAIRS reported the following original resolu- SENATE RESOLUTION 21—TO DI- Mr. GREGG. Mr. President, I ask tion; which was referred to the Com- RECT THE SENATE LEGAL COUN- unanimous consent that the Com- mittee on Rules and Administration: SEL mittee on Banking, Housing, and S. RES. 20 Mr. LOTT (for himself, Mr. MCCAIN, Urban Affairs be authorized to meet Resolved, That, in carrying out its powers, Mr. COATS, and Mr. STEVENS) sub- during the session of the Senate on duties, and functions under the Standing mitted the following resolution; which Wednesday, January 22, 1997, to con- Rules of the Senate, in accordance with its duct a hearing of the following nomi- jurisdiction under rule XXV of such rules, in- was considered and agreed to: nee: Andrew M. Cuomo, of New York, cluding holding hearings, reporting such S. RES. 21 hearings, and making investigations as au- to be Secretary of Housing and Urban Whereas, in the case Sen. Robert C. Byrd, et Development. thorized by paragraphs 1 and 8 of rule XXVI al. v. Franklin D. Raines, et al., C.A. No. 97– of the Standing Rules of the Senate, the 0001, pending in the United States District The PRESIDING OFFICER. Without Committee on Agriculture, Nutrition and Court for the District of Columbia, the con- objection, it is so ordered. Forestry is authorized from March 1, 1997, stitutionality of the Line Item Veto Act COMMITTEE ON COMMERCE, SCIENCE, AND through February 28, 1998, and March 1, 1998, (Public Law 104–130; 110 Stat. 1200), has been TRANSPORTATION through February 28, 1999, in its discretion placed in issue; Mr. GREGG. Mr. President, I ask (1) to make expenditures from the contin- Whereas, pursuant to sections 703(c), 706(a), unanimous consent that Commerce, gent fund of the Senate, (2) to employ per- and 713(a) of the Ethics in Government Act Science, and Transportation me au- sonnel, and (3) with the prior consent of the of 1978 (2 U.S.C. 288b(c), 288e(a), 288l(a)), the thorized to meet in executive session Government department or agency con- Senate may direct its counsel to appear as cerned and the Committee on Rules and Ad- for the purpose of adopting Committee amicus curiae in the name of the Senate in Rules at 2:00 p.m., January 22, 1997 and ministration, to use on a reimbursable or any legal action in which the powers and re- non-reimbursable basis the services of per- sponsibilities of Congress under the Con- at 2:30 p.m. to hold a confirmation sonnel of any such department or agency. stitution are placed in issue: Now, therefore, hearing for Mr. William Daley, to be SEC. 2. The expenses of the committee for be it Secretary of the Department of Com- the period March 1, 1997, through February Resolved, That the Senate Legal Counsel is merce. 28, 1998, under this resolution shall not ex- directed to appear as amicus curiae on behalf The PRESIDING OFFICER. Without ceed $1,747,544, of which amount (1) not to ex- of the Senate in the case of Sen. Robert C. objection, it is so ordered. ceed $4000 may be expanded for the procure- Byrd et al. v. Franklin D. Raines, et al., to de- ment of the services of individual consult- COMMITTEE ON THE JUDICIARY fend the constitutionality of the Line Item Mr. GREGG. Mr. President, I ask ants, or organizations thereof (as authorized Veto Act. by section 202(i) of the Legislative Reorga- unanimous consent that the Com- nization Act of 1946, as amended), and (2) to f mittee on the Judiciary be authorized exceed $4000 may be expended for the train- SENATE RESOLUTION 22—REL- to meet during the session of the Sen- ing of the professional staff of such com- ATIVE TO THE DEATH OF THE ate on Wednesday, January 22, 1997, at mittee (under procedures specified by section HONORABLE PAUL TSONGAS 10:00 a.m. to hold a hearing on balanced 202 (j) of the Legislative Reorganization Act Mr. LOTT (for himself, Mr. DASCHLE, budget amendment. of 1946). The PRESIDING OFFICER. Without (b) For the period of March 1, 1998, through and Mr. KERRY) submitted the fol- objection, it is so ordered. February 28, 1999, expenses of the committee lowing resolution; which was consid- under this resolution shall not exceed ered and agreed to: COMMITTEE ON LABOR AND HUMAN RESOURCES $1,792,747, of which amount (1) not to exceed Mr. GREGG. Mr. President, I ask S. RES. 22 $4000 may be expended for the procurement unanimous consent that the Com- of the services of individual consultants, or Resolved, That the Senate has heard with mittee on Labor and Human Resources organizations thereof (as authorized by sec- profound sorrow and deep regret the an- nouncement of the death of the Honorable be authorized to meet in executive ses- tion 202(i) of the Legislative Reorganization sion during the session of the Senate Act of 1946, as amended), and (2) not to ex- Paul Tsongas, formerly a Senator from the ceed $4000 may be expended for the training Commonwealth of Massachusetts. on Wednesday, January 22, 1997, at 9:30 of the professional staff of such committee Resolved, That the Secretary of the Senate a.m. (under procedures specified by section 202(j) communicate these resolutions to the House The PRESIDING OFFICER. Without of the Legislative Reorganization Act of of Representatives and transmit an enrolled objection, it is so ordered. 1946). copy thereof to the family of the deceased. f SEC. 3. The committee shall report its find- Resolved, That when the Senate adjourns ings, together with such recommendations today, it stand adjourned as a further mark ADDITIONAL STATEMENTS for legislation as it deems advisable, to the of respect to the memory of the deceased Senate at the earliest practicable date, but Senator. not later than February 28, 1997, and Feb- f IN SUPPORT OF THE FAMILY ruary 28, 1998, respectively. FRIENDLY WORKPLACE ACT AUTHORITY FOR COMMITTEES TO SEC. 4. Expenses of the committee under ∑ Mr. KYL. Mr. President, I am pleased MEET this resolution shall be paid from the contin- to join Senator ASHCROFT as an origi- gent fund of the Senate upon vouchers ap- COMMITTEE ON ARMED SERVICES nal cosponsor of S. 4, the Family proved by the chairman of the committee, Mr. GREGG. Mr. President, I ask except that vouchers shall not be required (1) Friendly Workplace Act. for the disbursement of salaries of employees unanimous consent that the Com- S. 4 will update the Fair Labor paid at an annual rate, or (2) for the pay- mittee on Armed Services be author- Standards Act [FLSA] to better reflect ment of telecommunications provided by the ized to meet on Wednesday, January 22, the needs of today’s workers. It will Office of the Sergeant at Arms and Door- 1997, at 10:30 a.m. in open session, to provide the kind of flexibility that keeper, United States Senate, or (3) for the consider the nomination of William S. workers and employers need in an age payment of stationery supplies purchased Cohen to be Secretary of Defense. in which more and more of us are bal- through the Keeper of the Stationery, United The PRESIDING OFFICER. Without ancing roles as both parent and wage States Senate, or (4) for payments to the objection, it is so ordered. earner. Postmaster, United States Senate, or (5) for The current FLSA does not provide the payment of metered charges on copying f enough flexibility. S. 4 will allow em- equipment provided by the Office of the Ser- COMMITTEE ON ARMED SERVICES geant at Arms and Doorkeeper, United ployers and employees together to de- States Senate, or (6) for the payment of Sen- Mr. GREGG. Mr. President, I ask cide whether the employee should re- ate Recording and Photographic Services. unanimous consent that the Com- ceive overtime pay or compensatory

VerDate Mar 15 2010 22:20 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\1997SENATE\S22JA7.REC S22JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S654 CONGRESSIONAL RECORD — SENATE January 22, 1997 time off for working more than a 40- allow for increased flexibility in the founded the research astronomy de- hour workweek. Under current law, an workplace and to better reflect the partment of NMSU, and retired in 1973 employer cannot allow an employee to needs of today’s families. As we all and served as professor emeritus. work 45 hours one week in exchange for know, today’s parents are under a This ‘‘remarkable man of science,’’ as 35 hours the next week so the worker great deal of pressure—to provide for one colleague described him, has left a can attend, for example, a child’s base- their children financially and provide truly great legacy.∑ ball game, a parent-teacher conference, the time needed to raise a healthy f or doctor’s appointment. S. 4 will child, capable of contributing posi- TRIBUTE TO FATHER WILLIAM M. change this rigid interpretation of the tively to society. We in Congress MOBLEY, JR. FLSA. It will allow workers the ability should respond by correcting the law, to arrange biweekly work schedules— when possible and without mandate, to ∑ Mrs. MURRAY. Mr. President, I the employee could work any combina- improve the ability of parents to pro- stand today in recognition of an ex- tion of 80 hours over 2 weeks, if agreed vide for their children. traordinary, colorful lifetime of service to by the employer. Someone could Reforming both tax and labor law and dedication by one individual who work a long week and then a short will go a long way toward improving strove to make a difference in his com- week to best fit the needs of his or her the quality of life of the American fam- munity. Father William M. Mobley family. ily. In 1950, the average family paid one was, in many respects, larger than life; The Family Friendly Workplace Act dollar in taxes to the Federal Govern- he was the type of person who several also provides, if agreed to by both em- ment for every $50 earned. Today, it centuries ago would have typified the ployer and employee, a way for em- pays almost $1 out of every $3 earned. Renaissance man. He was a soldier, his- ployees to ‘‘bank’’ overtime hours—up That is why I am introducing the Tax torian, teacher, playwright, and actor. to 6 weeks of paid time—so that, when Limitation Amendment, a proposed But, in addition to his high intellect needed, employees will have a way to amendment to the Constitution to re- and varied cultural interests, Father take extended leave and still have a quire a two-thirds vote of the House Mobley was a man grounded in his paycheck. In contrast, President Clin- and Senate to increase taxes—reducing Catholic faith and dedicated to the ev- ton is proposing that Congress man- taxes could be achieved by a simple eryday concerns of his parishioners. date to employers that an employee be majority—and why I support such ini- He was known widely as Father Bill granted extra—that is, unpaid—time tiatives as a $500 tax cut for families in Mukilteo and nearby Everett, cities off to attend to family needs. with children under 18. just north of Seattle in my home State As a safeguard against abuse, S. 4 re- Today’s increased tax burden has of Washington. It was here that he quires that any flexible work arrange- kept parents working more hours to served St. John’s Mission and St. Mary ment or banked overtime hours be keep more of their own hard-earned Magdalene Church from 1987 until his agreed upon by both the employer and dollars. High taxes are more than a death this past Christmas Eve, Decem- the employee, without coercion. In ad- strain on our pocketbooks—they are ber 24, 1996. dition, the amount of time an em- allowing us to spend less time with our Father Mobley came to the priest- ployee could accumulate would be lim- children, or with others who may be hood, and his Catholic faith, late in his ited to 240 hours. Moreover, at the end dependent upon us. In concert with tax life. Born on April 3, 1929, he was raised of the year, employers must ‘‘cash out’’ relief, the hours that the Family in Southern Baptist roots in Bir- by paying the employee for the unused Friendly Workplace Act can provide a mingham, AL. He was first introduced accumulated hours—The employee working mother or father to spend to Catholicism while an Air Force sol- must be able to ‘‘cash out’’ his or her with growing children will begin to re- dier during the Korean war, and con- accumulated leave within 30 days. Col- move some of the financial and sched- verted in 1954. In 1956, Father Mobley lective bargaining agreements would uling headaches presented by so many graduated with honors from Bir- remain unaffected, but the revised jobs today. mingham-Southern College, where he work schedule could be worked into a Once the public learns about the was widely acclaimed for his acting, di- collective bargaining agreement. Family Friendly Workplace Act, and recting, and writing abilities in the Families today are looking for ways what it has to offer the American fam- theater. Though he was offered a pres- to better manage work and child- ily, I believe there will be a tigious scholarship to the Yale Drama rearing. Without imposing additional groundswell of support that will be School, Father Mobley turned his at- Government mandates on employers, heard around the Capitol. I urge my tention to helping those around him. S. 4 will provide employers and em- colleagues in both the House and the Influenced by this desire to serve oth- ployees the flexibility to better juggle Senate to quickly pass this bill and ers, Father Mobley joined Dr. Tom Bar- the responsibilities of work and family. send it to the President, so that he will ton, whom he had met while working According to Lynn Hayes, author of be given an early opportunity to, as he at a hospital in Pell City, AL, and trav- ‘‘The Best Jobs in America for Par- has said, ‘‘pass a flex-time law that al- eled to Green River, UT. From 1959 to ents,’’ when working parents are asked lows employees to take their overtime 1970, Father Mobley assisted Dr. Bar- what they desire most in a job, a ma- pay in money, or in time off, depending ton in managing a badly needed med- jority answer ‘‘flexibility in sched- on what’s better for their family.’’∑ ical center that serviced residents of uling.’’ And, according to a study com- f Green River and east-central Utah. missioned a few years ago by Arizona’s In 1970, at the age of 41, Father Salt River Project of the Southwest re- DEATH OF CLYDE TOMBAUGH Mobley entered the Pope John XXIII gion, a majority of parents with chil- ∑ Mr. BINGAMAN. Mr. President, last National Seminary in Weston, MA. Un- dren under 13 are willing to trade sal- week my State and this country lost fortunately, soon thereafter, Father ary increases for flexible time, leave, an extraordinary man. Clyde Mobley suffered a heart attack, the and dependent-care benefits. Tombaugh, a retired New Mexico State first of three he would have in his life- There are other studies showing that University professor, died on January time, and had to have open-heart sur- Americans want flexibility in the 17 at the age of 90. gery. While this would have been an in- workplace. In a work/family study con- In 1930, at the age of 24, this com- surmountable hurdle for a lot of peo- ducted by Johnson & Johnson, for ex- pletely self-taught high school grad- ple, Father Mobley rose above his phys- ample, the company expected a need uate was working at an observatory in ical pains and persevered to complete for child care to surface. Instead, ‘‘the Arizona when he spotted something un- his ordination in December 1973. big issue that popped out was that of usual in a photographic plate. Remark- He then returned to Utah to serve in all the things that we would do as a ably, his discovery turned out to be the the Diocese of Salt Lake City. While corporation in support of parents, the ninth planet, Pluto. there, Father Mobley touched innumer- biggest factor was that they wanted a His discovery earned him a full schol- able lives and hearts, participated in flexible work schedule.’’ arship to the University of Kansas to charitable work, and ran a retreat Mr. President, the Family Friendly study astronomy, and he went on to a house in Logan, UT. But the strains of Workplace Act will update labor law to long and distinguished career. He his physical condition were taking

VerDate Mar 15 2010 22:20 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 E:\1997SENATE\S22JA7.REC S22JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 22, 1997 CONGRESSIONAL RECORD — SENATE S655 their toll, and finally Father Mobley In 1940, Congress and President This report shows the effects of con- was forced to move from Salt Lake Franklin Roosevelt recognized their gressional action on the budget City, where, due to its high altitude, he tireless efforts on behalf of veterans through January 22, 1997. The esti- was always accompanied by an oxygen and Gold Star family members by en- mates of budget authority, outlays, mask. Although doctors advised retire- acting legislation to honor these brave and revenues, which are consistent ment, Father Mobley chose to serve in women by designating the last Sunday with the technical and economic as- the Washington Diocese in the in September as Gold Star Mothers sumptions of the 1997 concurrent reso- Mukilteo and Everett areas, whose Day. There is no organization more lution on the budget (H. Con. Res. 178), residents were fortunate enough to worthy of this perpetual honor. show that current level spending is have been touched by this extraor- But the Gold Star Mothers did not above the budget resolution by $16.9 dinary person. stop there. They wanted to expand billion in budget authority and by $12.6 Today, I celebrate Father Mobley as their opportunities to assist veterans billion in outlays. Current level is $17.8 an active, energetic, and generous man. and their families and sought a con- billion above the revenue floor in 1997 He was generous with his faith sharing, gressional charter so they could work and $99.2 billion above the revenue he was generous with his counsel, and in veterans hospitals throughout the floor over the 5 years 1997–2001. The he was generous with his enthusiasm country. That charter was granted in current estimate of the deficit for pur- and conversation. Father Mobley was a 1984. The charter outlines the objective poses of calculating the maximum def- man of incredible passion and compas- and purposes for which they were orga- icit amount is $222.4 billion, $4.9 billion sion. His friends, family, and parish- nized, including assisting all veterans below the maximum deficit amount for ioners will remember him for his soul- and their dependents in claims to the 1997 of $227.3 billion. ful sermons and championing of social VA; inspiring respect for the Stars and This is my first report for the first justice. Stripes; encouraging a sense of indi- Father Mobley challenged those vidual obligation to the community, session of the 105th Congress. around him to give and love uncondi- State, and Union; perpetuating the The report follows: tionally. This is a challenge each and memory of those whose lives were sac- U.S. CONGRESS, every one of us can take inspiration rificed in our wars, and supporting and CONGRESSIONAL BUDGET OFFICE, from. He was truly a man who loved his extending needful assistance to all Washington, DC, January 22, 1997. fellow human beings, and he will be Gold Star Mothers. Hon. PETE V. DOMENICI, Over the ensuing years, Gold Star Chairman, Committee on the Budget, missed by those who had the oppor- U.S. Senate, Washington, DC. tunity to know him.∑ Mothers has provided assistance to DEAR MR. CHAIRMAN: The attached report f countless veterans needing help. They do so with great dedication and great for fiscal year 1997 shows the effects of Con- gressional action on the 1997 budget and is TRIBUTE TO GOLD STAR MOTHERS love. What greater love is there than a ∑ current through January 21, 1997. The esti- Mr. DORGAN. Mr. President, as we mother’s love? mates of budget authority, outlays, and rev- begin a new session of Congress, I Although the group started out with enues are consistent with the technical and thought this would be an appropriate only 25 members, Gold Star Mothers economic assumptions of the 1997 Concurrent time to stop for a moment and reflect grew quickly and today has depart- Resolution on the Budget (H. Con. Res. 178). upon some of the sacrifices that have ment officers covering all 50 states as This report is submitted under Section 308(b) been made by our citizens to ensure the well as the District of Columbia and and in aid of Section 311 of the Congressional protection of liberty and democracy in Puerto Rico. And they keep expanding. Budget Act, as amended. this great Nation. One group of citizens I just wanted to take this time to sa- This is my first report for the first session comes immediately to mind—the Gold lute this organization, to assure them of the 105th Congress. Star Mothers. that a grateful nation has not forgot- Sincerely, This organization was formed in the ten their sacrifice, and to thank them JAMES L. BLUM years following the end World War I. It for the good work they continue to do (For June E. O’Neill, Director). is a nonprofit, nonpolitical group for this great nation. I would like to THE CURRENT LEVEL REPORT FOR THE U.S. SENATE, FIS- which was organized by 25 mothers in pay special tribute to a Gold Star CAL YEAR 1997, 105TH CONGRESS, 1ST SESSION, AS June 1928 and incorporated on January Mother in my State, Margaret Renner, OF CLOSE OF BUSINESS JANUARY 21, 1997 5, 1929. The cost of membership is in- who lost a son in Vietnam in 1969. She [In billions of dollars] calculable. To join, one must have lost has been an active member of Gold a son or daughter during a war waged Star Mothers, Inc., for many years, and Budget res- Current olution (H. Current level over/ by the United States. all of us who know her are grateful for Con. Res. level under reso- As a parent myself, I know from per- her dedicated service to the men and 178) lution sonal experience that there is nothing women who have served the Nation ON-BUDGET more costly that losing a child. To honorably as well as to those who have Budget authority ...... 1,314.9 1,331.8 16.9 raise and nurture a son or daughter, in- lost their sons and daughters to war. ∑ Outlays ...... 1,311.3 1,323.9 12.6 Revenues: stilling in them the aspirations and f 1997 ...... 1,083.7 1,101.5 17.8 goals that are only achieved through a 1997–2001 ...... 5,913.3 6,012.5 99.2 BUDGET SCOREKEEPING REPORT Deficit ...... 227.3 222.4 ¥4.9 long and full life, and then to having Debt subject to limit ...... 5,432.7 5,222.9 ¥209.8 their lives cut short is a tragic and ∑ Mr. DOMENICI. Mr. President, I hereby submit to the Senate the budg- OFF-BUDGET devastating blow to any parent. The Social Security Outlays: pain never goes away. It is a pain that et scorekeeping report prepared by the 1997 ...... 310.4 310.4 0.0 Congressional Budget Office under sec- 1997–2001 ...... 2,061.3 2,061.3 0.0 Gold Star Mothers live with every day. Social Security Revenues: What is remarkable about this group tion 308(b) and in aid of Section 311 of 1997 ...... 385.0 384.7 ¥0.3 of courageous women is that they re- the Congressional Budget Act of 1974, 1997–2001 ...... 2,121.0 2,120.3 ¥0.7 fused to allow their grief to become the as amended. This report meets the re- Note.—Current level numbers are the estimated revenue and direct spending effects of all legislation that Congress has enacted or sent to the victor. Instead, they chose to channel quirements for Senate scorekeeping of President for his approval. In addition, full-year funding estimates under their pain and suffering into productive section 5 of Senate Concurrent Resolu- current law are included for entitlement and mandatory programs requiring annual appropriations even if the appropriations have not been made. The work to benefit veterans and the com- tion 32, the first concurrent resolution current level of debt subject to limit reflects the latest U.S. Treasury infor- munity at large. on the budget for 1986. mation on public debt transactions. THE ON-BUDGET CURRENT LEVEL REPORT FOR THE U.S. SENATE, 105TH CONGRESS, 1ST SESSION, SENATE SUPPORTING DETAIL FOR FISCAL YEAR 1997, AS OF CLOSE OF BUSINESS JANUARY 21, 1997 [In millions of dollars]

Budget authority Outlays Revenues

ENACTED IN PREVIOUS SESSIONS Revenues ...... 1,100,335 Permanents and other spending legislation ...... 843,140 804,154 ......

VerDate Mar 15 2010 22:20 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 E:\1997SENATE\S22JA7.REC S22JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S656 CONGRESSIONAL RECORD — SENATE January 22, 1997 THE ON-BUDGET CURRENT LEVEL REPORT FOR THE U.S. SENATE, 105TH CONGRESS, 1ST SESSION, SENATE SUPPORTING DETAIL FOR FISCAL YEAR 1997, AS OF CLOSE OF BUSINESS JANUARY 21, 1997—Continued [In millions of dollars]

Budget authority Outlays Revenues

Appropriation legislation ...... 238,523 ...... Offsetting receipts ...... ¥199,772 ¥199,772 ...... Total previously enacted ...... 643,368 842,905 1,100,355

ENACTED SECOND SESSION, 104TH CONGRESS Appropriations Bills: Agriculture (P.L. 104–180) ...... 52,345 44,922 ...... District of Columbia (P.L. 104–194) ...... 719 719 ...... Energy and Water Development (P.L. 104–206) ...... 19,973 13,090 ...... Legislative Branch (P.L. 104–197) ...... 2,166 1,917 ...... Military Construction (P.L. 104–196) ...... 9,982 3,140 ...... Omnibus Consolidated Appropriations Act (P.L. 104–208) 1 ...... 499,841 352,017 ¥1 Transportation (P.L. 104–205) ...... 12,599 12,270 ...... Veterans, HUD, Independent Agencies (P.L. 104–204) ...... 84,303 49,666 ...... Authorization Bills: Taxpayer Bill of Rights 2 (P.L. 104–168) ...... ¥15 Federal Oil and Gas Royalty Simplification and Fairness Act (P.L. 104–185) ...... ¥2 ¥2 ...... Small Business Job Protection Act of 1996 (P.L. 104–188) 2 ...... ¥76 ¥76 550 Authorize Voluntary Separation Incentives at A.I.D. Act (P.L. 104–190) ...... ¥1 ¥1 ...... Health Insurance Portability and Accountability Act of 1996 (P.L. 104–191) ...... 305 315 590 Personal Responsibility and Work Opportunity Reconciliation Act (P.L. 104–193) ...... ¥2,341 ¥2,934 60 National Defense Authorization Act for FY 1997 (P.L. 104–201) ...... ¥103 ¥103 ...... Railroad Unemployment Insurance Amendments Act of 1996 (P.L. 104–251) ...... 12 12 ...... Federal Aviation Administration Authorization Act of 1996 (P.L. 104–264) ...... 2,330 50 ...... Veterans Benefits Improvements Act of 1996 (P.L. 104–275) ...... 3 ...... Central Utah Project Completion Act (P.L. 104–286) ...... ¥72 ¥72 ...... Technical Corrections and Amendments to Trade Laws (P.L. 104–295) ...... 1 1 ¥8 Sustainable Fisheries Act (P.L. 104–297) ...... ¥1 1 Navajo-Hopi Land Dispute Settlement Act, 1996 (P.L. 104–301) ...... 48 48 ...... Accountable Pipeline Safety and Partnership Act of 1996 (P.L. 104–304) ...... 3 3 ...... Fairness in Compensating Owners of Patents Used by the U.S. (P.L. 104–308) ...... 3 3 ...... Repeal Requirement for Resident Review for Nursing Facilities (P.L. 104–315) ...... ¥8 ¥8 ...... Emergency Drought Relief Act of 1996 (P.L. 104–318) ...... 7 7 ...... Coast Guard Authorization Act of 1995 (P.L. 104–324) ...... 3 3 ...... United States Commemorative Coin Act of 1996 (P.L. 104–329) ...... ¥6 ...... Total enacted this session ...... 682,040 474,980 1,177

ENTITLEMENTS AND MANDATORIES Budget resolution baseline estimates of appropriated entitlements and other mandatory programs not yet enacted ...... 6,428 6,015 ...... Total Current Level ...... 1,331,836 1,323,900 1,101,532 Total Budget Resolution ...... 1,314,935 1,311,321 1,083,728 Amount remaining: Under Budget Resolution ...... Over Budget Resolution ...... 16,901 12,579 17,804

ADDENDUM Emergencies: Funding that has been designated as an emergency requirement by the President and the Congress ...... 1,555 1,210 ...... Funding that has been designated as an emergency requirement only by the Congress and is not available for obligation until requested by the President ...... 364 323 ...... Total emergencies ...... 1,919 1,533 ...... Total current level including emergencies ...... 1,333,755 1,325,433 1,101,532 1 This act includes 1997 funding for six appropriation bills (Commerce/Justice, Defense, Foreign Operations, Interior, Labor/HHS/Education, and Treasury) and additional appropriations for hurricane and flood recovery, firefighting and antiterrorism. There are also several provisions that affect the following direct spending programs: FCC auction receipts, Bank Insurance Funds, and Food Stamp program, and the Small Business Administration loan program account. 2 The supporting detail for the On-Budget Current Level Report, dated September 24, 1996, had on-budget revenues for this act of $579 million. Since that report, the Joint Committee on Taxation has revised this estimate to $550 mil- lion.•

FARMERS AND THE ALTERNATIVE ceived. I believe most Americans would of inventory property make the issue MINIMUM TAX agree. sound complex, it is really about sim- ∑ Mrs. MURRAY. Mr. President, I am Farmers are not trying to avoid pay- ple tax fairness—paying taxes on in- pleased to join over 50 of my colleagues ing taxes. They simply consider it un- come received, not on income expected. today in cosponsoring legislation to fair to be burdened with a tax liability The IRS Commissioner has stated solve an unfortunate tax problem dras- prior to receiving payment. I am par- that the IRS will not oppose this legis- tically affecting farmers in Washington ticularly concerned about the retro- lation. In addition, the Department of State and throughout the Nation. This active approach the Internal Revenue the Treasury welcomes ‘‘the oppor- bill will prevent the alternative min- Service has taken with regard to this tunity to work with [Congress] to ad- imum tax from being applied to de- issue. While the 1986 Tax Act omitted dress this matter through corrective ferred payment contracts. the exemption from the AMT for farm- legislation’’. With a majority of the Farmers routinely use deferred pay- ers, the IRS failed to impose the alter- Senate cosponsoring this bill, my col- ment contracts to assist their money native minimum tax for 8 years. Now, leagues from both sides of the aisle and management and farm operations. all of a sudden, the IRS is imposing the all parts of the country, I look forward Wheat growers, potato growers, and AMT. And not only for the current to its timely consideration.∑ other farmers in Washington State year, but for all years open to audit. f often enter into contracts requiring This could well cost family farmers them to sell and deliver their crops on tens of thousands of dollars. We cannot BIPARTISAN CAMPAIGN REFORM a specified date for a fixed amount. afford to impose such an egregious ob- ACT While these contracts may be entered ligation on our family farms. It is not ∑ Mr. FEINGOLD. Mr. President, yes- into one year, the payments to the right. This bill will correct the situa- terday I joined with the senior Senator farmers agreed to in the contract, ei- tion. from Arizona [Mr. MCCAIN] and others ther in total or in part, often will not This bill will make it clear that the in introducing S. 25, the Bipartisan be received by the farmer until the fol- alternative minimum tax shall not be Campaign Reform Act. I ask that the lowing year. The Internal Revenue applied to installment sales of farmers. text of the bill be printed in the Service is now saying that farmers It will insure that farmers pay taxes RECORD. must pay taxes in the year of the con- when they get paid, not before. It is S. 25 tract, not the year of payment. I think that simple. While fancy terms like al- Be it enacted by the Senate and House of Rep- it is wrong to require farmers to pay ternative minimum tax, deferred pay- resentatives of the United States of America in taxes on income they have not yet re- ment contracts, and installment sales Congress assembled,

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SECTION 1. SHORT TITLE; TABLE OF CONTENTS. ‘‘(1) ELIGIBLE SENATE CANDIDATE.—The ‘‘(A) a declaration under penalty of per- (a) SHORT TITLE.—This Act may be cited as term ‘eligible Senate candidate’ means a jury, with supporting documentation as re- the ‘‘Bipartisan Campaign Reform Act of candidate who the Commission has certified quired by the Commission, that— 1997’’. under section 505 as an eligible primary elec- ‘‘(i) the candidate and the candidate’s au- (b) TABLE OF CONTENTS.—The table of con- tion Senate candidate or as an eligible gen- thorized committees— tents of this Act is as follows: eral election Senate candidate. ‘‘(I) did not exceed the personal funds ex- Sec. 1. Short title; table of contents. ‘‘(2) GENERAL ELECTION EXPENDITURE penditure limit, primary election expendi- TITLE I—SENATE ELECTION SPENDING LIMIT.—The term ‘general election expendi- ture limit, or runoff election expenditure LIMITS AND BENEFITS ture limit’, with respect to an eligible Sen- limit; ate candidate, means the limit applicable to ‘‘(II) did not accept amounts of contribu- Sec. 101. Senate election spending limits and the eligible Senate candidate under section tions for the primary election or any runoff benefits. 503(d). election in excess of the primary election ex- Sec. 102. Free broadcast time. ‘‘(3) OUT-OF-STATE RESIDENT CONTRIBUTION penditure limit or runoff election expendi- Sec. 103. Broadcast rates and preemption. LIMIT.—The term ‘out-of-State resident con- ture limit (reduced by any amount trans- Sec. 104. Reduced postage rates. Sec. 105. Contribution limit for eligible Sen- tribution limit’, with respect to an eligible ferred to the current election cycle from a ate candidates. Senate candidate, means the limit applicable preceding election); and Sec. 106. Reporting requirement for Senate to the candidate under section 502(e). ‘‘(III) did not accept contributions for the candidates. ‘‘(4) PERSONAL FUNDS EXPENDITURE LIMIT.— primary election or any runoff election that The term ‘personal funds expenditure limit’ caused the candidate to exceed the out-of- TITLE II—REDUCTION OF SPECIAL means the limit stated in section 503(a). State resident contribution limit; INTEREST INFLUENCE ‘‘(5) PRIMARY ELECTION EXPENDITURE ‘‘(ii) the candidate has met the threshold Subtitle A—Political Action Committees LIMIT.—The term ‘primary election expendi- contribution requirement of subsection (d), Sec. 201. Ban on political action committee ture limit’, with respect to an eligible Sen- as demonstrated by documents accom- contributions to Federal can- ate candidate, means the limit applicable to panying the declaration under subsection (b) didates. the eligible Senate candidate under section or the declaration under this subsection; and Subtitle B—Provisions Relating to Soft 503(b). ‘‘(iii) at least 1 other candidate has quali- Money of Political Party Committees ‘‘(6) RUNOFF ELECTION EXPENDITURE LIMIT.— fied for the same general election ballot The term ‘runoff election expenditure limit’, Sec. 211. Soft money of political party com- under the law of the candidate’s State; and with respect to an eligible Senate candidate, mittee. ‘‘(B) a declaration that candidate and the Sec. 212. State party grassroots funds. means the limit applicable to the eligible candidate’s authorized committees— Sec. 213. Reporting requirements. Senate candidate under section 503(c). ‘‘(i) except as otherwise provided by this title, will not make expenditures in excess of ‘‘SEC. 502. ELIGIBLE SENATE CANDIDATES. Subtitle C—Soft Money of Persons Other the personal funds expenditure limit or gen- Than Political Parties ‘‘(a) IN GENERAL.—A candidate is— eral election expenditure limit; and Sec. 221. Soft money of persons other than ‘‘(1) an eligible primary election Senate ‘‘(ii) except as otherwise provided by this political parties. candidate if the Commission certifies under title, will not accept any contribution for Subtitle D—Contributions section 505 that the candidate— the general election to the extent that the ‘‘(A) has met the primary election filing Sec. 231. Contributions through inter- contribution— requirement of subsection (b); and mediaries and conduits. ‘‘(I) would cause the aggregate amount of ‘‘(B) has met the threshold contribution re- Subtitle E—Independent Expenditures contributions accepted to exceed the amount quirement of subsection (d); and of the general election expenditure limit, re- Sec. 241. Reporting requirements for certain ‘‘(2) an eligible general election Senate duced by any amounts transferred to the independent expenditures. candidate if the Commission certifies under current election cycle from a previous elec- TITLE III—ENFORCEMENT section 505 that the candidate— tion and not taken into account under sub- Sec. 301. Filing of reports using computers ‘‘(A) has met the general election filing re- paragraph (A)(ii); or and facsimile machines. quirement of subsection (c); and ‘‘(II) would cause the candidate to exceed Sec. 302. Audits. ‘‘(B) has been certified as an eligible pri- the out-of-State resident contribution limit. Sec. 303. Authority to seek injunction. mary election Senate candidate. ‘‘(2) DEADLINE FOR FILING GENERAL ELEC- Sec. 304. Reporting requirements for con- ‘‘(b) PRIMARY ELECTION FILING REQUIRE- TION DECLARATION.—The declaration under tributions of $50 or more. MENT.— paragraph (1) shall be filed not later than 7 Sec. 305. Increase in penalty for knowing ‘‘(1) IN GENERAL.—The requirement of this days after the earlier of— and willful violations. subsection is met if the candidate files with ‘‘(A) the date on which the candidate quali- Sec. 306. Prohibition of contributions by in- the Commission a declaration that— fies for the general election ballot under dividuals not qualified to vote. ‘‘(A) the candidate and the candidate’s au- State law; or Sec. 307. Use of candidates’ names. thorized committees— ‘‘(B) if under State law, a primary or run- Sec. 308. Prohibition of false representation ‘‘(i)(I) will not exceed the personal funds off election to qualify for the general elec- to solicit contributions. expenditure limit, primary election expendi- tion ballot occurs after September 1, the Sec. 309. Expedited procedures. ture limit, runoff election expenditure limit, date on which the candidate wins the pri- TITLE IV—MISCELLANEOUS or general election expenditure limit; and mary or runoff election. Sec. 401. Use of contributed amounts for cer- ‘‘(II) will accept only amounts of contribu- ‘‘(d) THRESHOLD CONTRIBUTION REQUIRE- tain purposes. tions for the primary election, any runoff MENT.— Sec. 402. Campaign advertising. election, and the general election that do not ‘‘(1) IN GENERAL.—The requirement of this Sec. 403. Limit on congressional use of the exceed the primary election expenditure subsection is met— franking privilege. limit, runoff election expenditure limit, and ‘‘(A) if the candidate and the candidate’s Sec. 404. Party independent expenditures. general election expenditure limit (reduced authorized committees have received allow- Sec. 405. Coordinated expenditures; inde- by any amount transferred to the current able contributions during the applicable pe- pendent expenditures. election cycle from a preceding election); riod in an amount at least equal to the lesser Sec. 406. Express advocacy. and of— TITLE V—CONSTITUTIONALITY; ‘‘(ii) will not accept contributions for the ‘‘(i) 10 percent of the general election ex- EFFECTIVE DATE; REGULATIONS primary election, any runoff election, or the penditure limit; or Sec. 501. Severability. general election that would cause the can- ‘‘(ii) $250,000; and Sec. 502. Review of constitutional issues. didate to exceed the out-of-State resident ‘‘(B) the candidate files with the Commis- Sec. 503. Effective date. contribution limit; and sion a statement under penalty of perjury Sec. 504. Regulations. ‘‘(B) at least 1 other candidate has quali- that the requirement of subparagraph (A) fied for the same primary election ballot has been met, with supporting materials TITLE I—SENATE ELECTION SPENDING under the law of the candidate’s State. LIMITS AND BENEFITS demonstrating that the requirement has ‘‘(2) DEADLINE FOR FILING PRIMARY ELEC- been met. SEC. 101. SENATE ELECTION SPENDING LIMITS TION DECLARATION.—The declaration under ‘‘(2) DEFINITIONS.—In this subsection: AND BENEFITS. paragraph (1) shall be filed not later than the ‘‘(A) ALLOWABLE CONTRIBUTION.— (a) IN GENERAL.—The Federal Election date on which the candidate files with the ‘‘(i) IN GENERAL.—The term ‘allowable con- Campaign Act of 1971 is amended by adding appropriate State officer as a candidate for tribution’ means a contribution that is made at the end the following new title: the primary election. as a gift of money by an individual pursuant ‘‘TITLE V—SPENDING LIMITS AND BENE- ‘‘(c) GENERAL ELECTION FILING REQUIRE- to a written instrument identifying the indi- FITS FOR SENATE ELECTION CAM- MENT.— vidual as the contributor. PAIGNS ‘‘(1) IN GENERAL.—The requirement of this ‘‘(ii) EXCLUSIONS.—The term ‘allowable ‘‘SEC. 501. DEFINITIONS. subsection is met if the candidate files with contribution’ does not include a contribution ‘‘In this title: the Commission— from—

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‘‘(I) an individual residing outside the can- primary election Senate candidate and the ‘‘(f) EXPENDITURES IN RESPONSE TO INDE- didate’s State to the extent that acceptance candidate’s authorized committees shall not PENDENT EXPENDITURES.—If an eligible Sen- of the contribution would bring a candidate exceed the lesser of— ate candidate is notified by the Commission out of compliance with subsection (e); or ‘‘(1) 67 percent of the general election ex- under section 304(c)(4) that independent ex- ‘‘(II) a source described in section 503(a)(2). penditure limit; or penditures in an aggregate amount of $10,000 ‘‘(B) APPLICABLE PERIOD.—The term ‘appli- ‘‘(2) $2,750,000. or more have been made in the same election cable period’ means— ‘‘(c) RUNOFF ELECTION EXPENDITURE in support of another candidate or against ‘‘(i) the period beginning on January 1 of LIMIT.—The aggregate amount of expendi- the eligible Senate candidate, the eligible the calendar year preceding the calendar tures for a runoff election by an eligible pri- Senate candidate shall be permitted to spend year of a general election and ending on the mary election Senate candidate and the can- an amount equal to the amount of the inde- date on which the declaration under sub- didate’s authorized committees shall not ex- pendent expenditures, and any such expendi- section (b) is filed by the candidate; or ceed 20 percent of the general election ex- tures shall not be subject to any limit appli- ‘‘(ii) in the case of a special election for penditure limit. cable under this title to the eligible can- ‘‘(d) GENERAL ELECTION EXPENDITURE the office of United States Senator, the pe- didate for the election. LIMIT.— riod beginning on the date on which the va- ‘‘(g) INDEXING.—The amounts under sub- ‘‘(1) IN GENERAL.—Except as otherwise pro- cancy in the office occurs and ending on the sections (b)(1) and (d)(1) shall be increased as vided in this title, the aggregate amount of date of the general election. of the beginning of each calendar year based expenditures for a general election by an eli- ‘‘(e) OUT-OF-STATE RESIDENT CONTRIBUTION on the increase in the price index determined gible general election Senate candidate and LIMIT.— under section 315(c), except that the base pe- the candidate’s authorized committees shall ‘‘(1) REQUIREMENT.— riod shall be calendar year 1997. not exceed the lesser of— ‘‘(A) IN GENERAL.—The requirement of this ‘‘(h) PAYMENT OF TAXES.—The primary ‘‘(A) $5,500,000; or subsection is met if at least 60 percent of the election expenditure limit, runoff election ‘‘(B) the greater of— expenditure limit, and general election ex- total amount of contributions accepted by ‘‘(i) $950,000; or penditure limit shall not apply to any ex- the candidate and the candidate’s authorized ‘‘(ii) $400,000; plus penditure for Federal, State, or local taxes committees are from individuals who are ‘‘(I) 30 cents multiplied by the voting age with respect to earnings on contributions legal residents of the candidate’s State. population not in excess of 4,000,000; and raised. ‘‘(B) SPECIAL RULE FOR SMALL STATES.—In ‘‘(II) 25 cents multiplied by the voting age ‘‘(i) NOTICE OF FAILURE TO COMPLY WITH the case of a candidate to which the general population in excess of 4,000,000. election expenditure limit under section REQUIREMENTS.—A candidate who filed a dec- ‘‘(2) EXCEPTION.—In the case of an eligible laration under section 502 and subsequently 503(d)(1)(B)(i) applies, the requirement of this Senate candidate in a State that has not acts in a manner that is inconsistent with subsection is met if, at the option of the can- more than 1 transmitter for a commercial any of the statements made in the declara- didate— Very High Frequency (VHF) television sta- tion shall, not later than 24 hours after the ‘‘(i) at least 60 percent of the total amount tion licensed to operate in that State, para- first of the acts— of contributions accepted by the candidate graph (1)(B)(ii) shall be applied by sub- ‘‘(1) file with the Commission a notice de- and the candidate’s authorized committees stituting— scribing those acts; and are from individuals who are legal residents ‘‘(A) ‘80 cents’ for ‘30 cents’ in subclause ‘‘(2) notify all other candidates for the of the candidate’s State; or (I); and same office by sending a copy of the notice ‘‘(ii) at least 60 percent of the number of ‘‘(B) ‘70 cents’ for ‘25 cents’ in subclause by certified mail, return receipt requested. individuals whose names are reported to the (II). Commission as individuals from whom the ‘‘(e) EXCEPTIONS FOR COMPLYING CAN- ‘‘SEC. 504. BENEFITS FOR ELIGIBLE CANDIDATES. candidate and the candidate’s authorized DIDATES RUNNING AGAINST NONCOMPLYING ‘‘If an eligible Senate candidate has an op- committees accept contributions are legal CANDIDATES.— ponent who has qualified for the ballot and residents of the candidate’s State. ‘‘(1) FUNDRAISING IN ANTICIPATION OF IN- who has received contributions (or expended ‘‘(2) PERSONAL FUNDS.—For purposes of CREASE.—Notwithstanding any other provi- funds from a source described in section paragraph (1), amounts consisting of funds sion of this title, if any opponent of an eligi- 503(a)(2)) in an amount equal to 10 percent or from sources described in section 503(a) shall ble Senate candidate is a noneligible can- more of the applicable expenditure limit, the be treated as contributions from individuals didate who— eligible Senate candidate shall be entitled residing outside the candidate’s State. ‘‘(A) has received contributions; or to— ‘‘(3) TIME FOR MEETING REQUIREMENT.—The ‘‘(B) has made expenditures from a source ‘‘(1) the broadcast media rates provided aggregate amount of contributions received described in subsection (a); under section 315(b) of the Communications by an eligible Senate candidate as of the end in an aggregate amount equal to 50 percent Act of 1934; of each reporting period under section 304 of the primary election expenditure limit, ‘‘(2) the free broadcast time provided under shall meet the requirement of paragraph (1). runoff election expenditure limit, or general section 315(c) of the Communications Act of ‘‘(4) REPORTING REQUIREMENTS.—In addi- election expenditure limit, the eligible Sen- 1934; and tion to information required to be reported ate candidate may accept contributions in ‘‘(3) the reduced postage rates provided in under section 304, a candidate that elects to excess of the primary election expenditure section 3626(e) of title 39, United States Code. comply with the requirements of paragraph limit, runoff election expenditure limit, or ‘‘SEC. 505. CERTIFICATION BY COMMISSION. (1)(B)(ii) shall include in each report re- general election expenditure limit (as the ‘‘(a) IN GENERAL.—The Commission shall quired to be filed under section 304 the name case may be) so long as the eligible Senate determine whether a candidate has met the and address of and the amount of contribu- candidate does not make any expenditures requirements of this title and, based on the tions made by each individual that, during with such excess contributions before becom- determination, issue a certification stating the calendar year in which the reporting pe- ing entitled to an increase in the limit under whether the candidate is an eligible Senate riod occurs, makes contributions aggre- paragraph (2) or (3). candidate entitled to receive benefits under gating $20 or more. ‘‘(2) 50 PERCENT INCREASE.—If any opponent this title. ‘‘SEC. 503. EXPENDITURE LIMITS. of an eligible Senate candidate is a non- ‘‘(b) CERTIFICATION.— ‘‘(a) PERSONAL FUNDS EXPENDITURE eligible candidate who has made expendi- ‘‘(1) PRIMARY ELECTION.—Not later than 7 LIMIT.— tures in an aggregate amount equal to 105 business days after a candidate files a dec- ‘‘(1) IN GENERAL.—The aggregate amount of percent of the primary election expenditure laration under section 502(b), the Commis- expenditures that may be made during an limit, runoff election expenditure limit, or sion shall determine whether the candidate election cycle by an eligible Senate can- general election expenditure limit, the pri- meets the eligibility requirements of section didate or the candidate’s authorized commit- mary election expenditure limit, runoff elec- 502(b)(1) and, if so, certify that the candidate tees from the sources described in paragraph tion expenditure limit, or general election is an eligible primary election Senate can- (2) shall not exceed the lesser of— expenditure limit (as the case may be of the didate entitled to receive benefits under this ‘‘(A) 10 percent of the general election ex- eligible Senate candidate) shall be increased title. penditure limit; or by 50 percent. ‘‘(2) GENERAL ELECTION.—Not later than 7 ‘‘(B) $250,000. ‘‘(3) 100 PERCENT INCREASE.—If any oppo- business days after a candidate files a dec- ‘‘(2) SOURCES.—A source is described in this nent of an eligible Senate candidate is a non- laration under section 502(c), the Commis- paragraph if the source is— eligible candidate who has made expendi- sion shall determine whether the candidate ‘‘(A) personal funds of the candidate and tures in an aggregate amount equal to 155 meets the eligibility requirement of section members of the candidate’s immediate fam- percent of the primary election expenditure 502(c)(1), and, if so, certify that the candidate ily; or limit, runoff election expenditure limit, or is an eligible general election Senate can- ‘‘(B) proceeds of indebtedness incurred by general election expenditure limit, the pri- didate entitled to receive benefits under this the candidate or a member of the candidate’s mary election expenditure limit, runoff elec- title. immediate family. tion expenditure limit, or general election ‘‘(c) REVOCATION.— ‘‘(b) PRIMARY ELECTION EXPENDITURE expenditure limit (as the case may be of the ‘‘(1) IN GENERAL.—The Commission shall LIMIT.—The aggregate amount of expendi- eligible Senate candidate) shall be increased revoke a certification under subsection (a), tures for a primary election by an eligible by 100 percent. based on information submitted in such form

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and manner as the Commission may require ‘‘(2) TIME.— riod ending on the date of the general elec- or on information that comes to the Com- ‘‘(A) PRIME TIME.—Unless a candidate tion for that seat.’’. mission by other means, if the Commission elects otherwise, the broadcast time made (d) EFFECTIVE DATE.—The amendments determines that a candidate— available under this subsection shall be be- made by this section shall take effect on the ‘‘(A) violates any of the expenditure limits tween 6:00 p.m. and 10:00 p.m. on any day date that is 60 days after the date of enact- contained in this title by making an aggre- that falls on Monday through Friday. ment of this Act. gate amount of expenditures that exceeds ‘‘(B) LENGTH OF BROADCAST.—Except as SEC. 103. BROADCAST RATES AND PREEMPTION. any applicable expenditure limit by 5 per- otherwise provided in this Act, a candidate (a) BROADCAST RATES.—Section 315(b) of cent or more; may use such time as the candidate elects, the Communications Act of 1934 (47 U.S.C. ‘‘(B) uses a benefit made available to a but time may not be used in lengths of less 315(b)) is amended— candidate under this title in a manner not than 30 seconds or more than 5 minutes. (1) by striking ‘‘(b) The charges’’ and in- provided for in this title; or ‘‘(C) MAXIMUM REQUIRED OF ANY ONE STA- serting the following: ‘‘(C) fails to continue to meet the require- TION.—A candidate may not request that ‘‘(b) BROADCAST MEDIA RATES.— ment of this title. more than 15 minutes of free broadcast time ‘‘(1) IN GENERAL.—The charges’’; ‘‘(2) NO FURTHER BENEFITS.—A candidate be aired by any one broadcasting station. (2) by redesignating paragraphs (1) and (2) whose certification has been revoked shall be ‘‘(3) MORE THAN 2 CANDIDATES.—In the case as subparagraphs (A) and (B), respectively, ineligible for any further benefits made of an election among more than 2 candidates and adjusting the margins accordingly; available under this title for the duration of described in paragraph (1), only 60 minutes of (3) in paragraph (1)(A) (as redesignated by the election cycle. broadcast time shall be available for all such paragraph (2))— ‘‘(d) DETERMINATIONS BY COMMISSION.—A candidates, and broadcast time shall be allo- (A) by striking ‘‘forty-five’’ and inserting determination (including a certification cated as follows: ‘‘30’’; and under subsection (a)) made by the Commis- ‘‘(A) MINOR PARTY CANDIDATES.—The (B) by striking ‘‘lowest unit charge of the sion under this title shall be final, except to amount of broadcast time that shall be pro- station for the same class and amount of the extent that the determination is subject vided to the candidate of a minor party shall time for the same period’’ and inserting to examination and audit by the Commission be equal to 60 minutes multiplied by the per- ‘‘lowest charge of the station for the same under section 506 and to judicial review. centage of the number of popular votes re- amount of time for the same period on the ‘‘SEC. 506. MISUSE OF BENEFITS. ceived by the candidate of that party in the same date’’; and ‘‘(a) MISUSE OF BENEFITS.—If the Commis- preceding general election for the Senate in (4) by adding at the end the following: sion revokes the certification of an eligible the State (or if subsection (e)(4)(B) applies, ‘‘(2) SENATE CANDIDATES.— Senate candidate, the Commission shall so the percentage determined under that sub- ‘‘(A) ELIGIBLE SENATE CANDIDATES.—In the notify the candidate, and the candidate shall section). case of an eligible Senate candidate (within pay to the provider of any benefit received the meaning of section 501 of the Federal by the candidate under this title an amount ‘‘(B) MAJOR PARTY CANDIDATES.—The Election Campaign Act), the charges for the equal to the difference between the amount amount of broadcast time remaining after use of a television broadcasting station dur- the candidate paid for such benefit and the assignment of broadcast time to minor party ing the 30-day period and 60-day period re- amount the candidate would have paid for candidates under clause (i) shall be allocated ferred to in paragraph (1)(A) shall not exceed the benefit if the candidate were not an eli- equally between the major party candidates. 50 percent of the lowest charge described in gible Senate candidate. ‘‘(4) ONLY 1 CANDIDATE.—In the case of an ‘‘(b) CIVIL PENALTIES.— election in which only 1 candidate qualifies paragraph (1)(A). ‘‘(1) LOW AMOUNT OF EXCESS EXPENDI- to be on the general election ballot, no time ‘‘(B) NONELIGIBLE SENATE CANDIDATES.—In TURES.—Any eligible Senate candidate who shall be required to be provided by a broad- the case of a candidate for the United States makes expenditures that exceed a limitation casting station under this subsection. Senate who is not an eligible Senate can- under this title by 2.5 percent or less shall ‘‘(5) EXEMPTION.—The Federal Election didate, paragraph (1)(A) shall not apply.’’. pay to the Commission an amount equal to Commission shall by regulation establish a (b) PREEMPTION; ACCESS.—Section 315 of the amount of the excess expenditures. procedure to exempt from the requirements the Communications Act of 1934 (47 U.S.C. 315), as amended by section 102(a), is amend- ‘‘(2) MEDIUM AMOUNT OF EXCESS EXPENDI- of this subsection— ed— TURES.—Any eligible Senate candidate who ‘‘(A) licensees the signals of which are makes expenditures that exceed a limitation broadcast substantially nationwide; and (1) by redesignating subsections (d) and (e) under this title by more than 2.5 percent and ‘‘(B) licensees that establish that the re- (as redesignated by section 102(a)(2)), as sub- less than 5 percent shall pay to the Commis- quirements of this subsection would impose sections (e) and (f), respectively; and sion an amount equal to 3 times the amount a significant economic hardship on the li- (2) by inserting after subsection (c) the fol- of the excess expenditures. censees.’’; and lowing: ‘‘(d) PREEMPTION.— ‘‘(3) LARGE AMOUNT OF EXCESS EXPENDI- (4) in subsection (d) (as redesignated by ‘‘(1) IN GENERAL.—Except as provided in TURES.—Any eligible Senate candidate who paragraph (2))— makes expenditures that exceed a limitation (A) by striking ‘‘and’’ at the end of para- paragraph (2), a licensee shall not preempt under this title by 5 percent or more shall graph (1); the use, during any period specified in sub- pay to the Commission an amount equal to 3 (B) by striking the period at the end of section (b)(1)(A), of a broadcasting station by times the amount of the excess expenditures paragraph (2) and inserting a semicolon; and an eligible Senate candidate who has pur- plus a civil penalty to be imposed pursuant (C) by adding at the end the following: chased and paid for such use pursuant to sub- to section 309.’’. ‘‘(3) the term ‘major party’ means, with re- section (b)(2). (b) EXPENDITURES MADE BEFORE EFFECTIVE spect to an election for the United States ‘‘(2) CIRCUMSTANCES BEYOND CONTROL OF LI- DATE.—An expenditure shall not be counted Senate in a State, a political party whose CENSEE.—If a program to be broadcast by a as an expenditure for purposes of the expend- candidate for the United States Senate in broadcasting station is preempted because of iture limits contained in the amendment the preceding general election for the Senate circumstances beyond the control of the made by subsection (a) if the expenditure is in that State received, as a candidate of that broadcasting station, any candidate adver- made before the date that is 60 days after the party, 25 percent or more of the number of tising spot scheduled to be broadcast during date of enactment of this Act. popular votes received by all candidates for that program may also be preempted.’’. SEC. 102. FREE BROADCAST TIME. the Senate; (c) REVOCATION OF LICENSE FOR FAILURE TO (a) IN GENERAL.—Section 315 of the Com- ‘‘(4) the term ‘minor party’ means, with re- PERMIT ACCESS.—Section 312(a)(7) of the munications Act of 1934 (47 U.S.C. 315) is spect to an election for the United States Communications Act of 1934 (47 U.S.C. amended— Senate in a State, a political party— 312(a)(7)) is amended— (1) in the third sentence of subsection (a) ‘‘(A) whose candidate for the United States (1) by striking ‘‘or repeated’’; by striking ‘‘within the meaning of this sub- Senate in the preceding general election for (2) by inserting ‘‘or cable system’’ after section’’ and inserting ‘‘within the meaning the Senate in that State received 5 percent ‘‘broadcasting station’’; and of this subsection and subsection (c)’’; or more but less than 25 percent of the num- (3) by striking ‘‘his candidacy’’ and insert- (2) by redesignating subsections (c) and (d) ber of popular votes received by all can- ing ‘‘the candidacy of the candidate, under as subsections (d) and (e), respectively; didates for the Senate; or the same terms, conditions, and business (3) by inserting after subsection (b) the fol- ‘‘(B) whose candidate for the United States practices as apply to the most favored adver- lowing: Senate in the current general election for tiser of the licensee’’. ‘‘(c) FREE BROADCAST TIME.— the Senate in that State has obtained the (d) EFFECTIVE DATE.—The amendments ‘‘(1) IN GENERAL.—Except as provided in signatures of at least 5 percent of the State’s made by this section shall take effect on the paragraph (3), each eligible Senate candidate registered voters, as determined by the chief date that is 60 days after the date of enact- who has qualified for the general election voter registration official of the State, in ment of this Act. ballot as a candidate of a major or minor support of a petition for an allocation of free SEC. 104. REDUCED POSTAGE RATES. party shall be entitled to receive a total of 30 broadcast time under this subsection; and (a) IN GENERAL.—Section 3626(e) of title 39, minutes of free broadcast time from broad- ‘‘(5) the term ‘Senate election cycle’ United States Code, is amended— casting stations within the candidate’s State means, with respect to an election to a seat (1) in paragraph (2)— or an adjacent State. in the United States Senate, the 6-year pe- (A) in subparagraph (A)—

VerDate Mar 15 2010 22:20 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00081 Fmt 0624 Sfmt 0634 E:\1997SENATE\S22JA7.REC S22JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S660 CONGRESSIONAL RECORD — SENATE January 22, 1997 (i) by striking ‘‘and the National’’ and in- makes expenditures for the general election committee described in subparagraph (B) or serting ‘‘the National’’; and from sources described in section 503(a)(2) (C) for the purpose of conducting joint fund- (ii) by inserting before the semicolon the that in the aggregate exceed 25 percent of raising activities.’’. following: ‘‘, and, subject to paragraph (3), the general election expenditure limit. (2) SECTION 316(b)(2).—Section 316(b)(2) of the principal campaign committee of an eli- ‘‘(2) EXPENDITURES OF PERSONAL FUNDS BY A the Federal Election Campaign Act of 1971 (2 gible Senate candidate;’’; SENATE CANDIDATE WHO IS NOT AN ELIGIBLE U.S.C. 441b(b)(2)) is amended— (B) in subparagraph (B), by striking ‘‘and’’ CANDIDATE.— (A) by inserting ‘‘or’’ after ‘‘subject;’’; after the semicolon; ‘‘(A) IN GENERAL.—A primary election Sen- (B) by striking ‘‘and their families; and’’ (C) in subparagraph (C), by striking the pe- ate candidate or general election Senate can- and inserting ‘‘and their families.’’; and riod and inserting a semicolon; and didate who is not certified as an eligible can- (C) by striking subparagraph (C). (D) by adding at the end the following: didate under section 505 and who has re- ‘‘(D) the term ‘principal campaign com- ceived contributions or made expenditures (c) CANDIDATE’S COMMITTEES.— mittee’ has the meaning given in section 301 from sources described in section 503(a)(2) in (1) CONTRIBUTIONS TO AUTHORIZED COM- of the Federal Election Campaign Act of an aggregate amount that exceeds 50 percent MITTEE.—Section 315(a) of the Federal Elec- 1971; and of the general election expenditure limit tion Campaign Act of 1971 (2 U.S.C. 441a(a)) is ‘‘(E) the term ‘eligible Senate candidate’ shall file a report with the Commission with- amended by adding at the end the following: has the meaning given in section 501 of the in 48 hours after that amount of contribu- ‘‘(9) For the purposes of the limitations Federal Election Campaign Act of 1971.’’; and tions have been received or expenditures provided by paragraphs (1) and (2), any polit- (2) by adding after paragraph (2) the fol- have been made. ical committee that is established, financed, lowing: ‘‘(B) ADDITIONAL REPORTS.—A primary elec- maintained, or controlled, directly or indi- ‘‘(3) The rate made available under this tion Senate candidate or general election rectly, by any candidate or Federal office- subsection with respect to an eligible Senate Senate candidate shall file an additional re- holder shall be deemed to be an authorized candidate shall apply only to that number of port within 48 hours after the candidate has committee of such candidate or office- pieces of mail that is equal to 2 times the received contributions or made expenditures holder.’’. number of individuals in the voting age pop- from sources described in section 503(a)(2) in (2) DESIGNATION OF AUTHORIZED COM- ulation (as certified under section 315(e) of an aggregate amount that exceeds 105 per- MITTEE.—Section 302(e)(3) of the Federal the Federal Election Campaign Act of 1971) cent or 155 percent of the applicable expendi- Election Campaign Act of 1971 (2 U.S.C. 432) of the State.’’. ture limits. is amended by striking paragraph (3) and in- (b) EFFECTIVE DATE.—The amendments ‘‘(3) NOTIFICATION.—Within 48 hours after a serting the following: made by this section shall take effect on the report is filed under paragraph (1) or (2), the date that is 60 days after the date of enact- Commission shall notify each eligible Senate ‘‘(3) No political committee that supports, ment of this Act. candidate in the election of the filing. or has supported, more than one candidate SEC. 105. CONTRIBUTION LIMIT FOR ELIGIBLE ‘‘(4) REPORT AND NOTIFICATION REQUIRE- may be designated as an authorized com- SENATE CANDIDATES. MENTS WITHIN 20 DAYS OF AN ELECTION.— mittee, except that— Section 315(a)(1) of the Federal Election ‘‘(A) REPORTS.—If any act which requires ‘‘(A) a candidate for the office of President Campaign Act of 1971 (2 U.S.C. 441a(a)(1)) is the filing of any report under paragraphs (1) nominated by a political party may des- amended— or (2) occurs after the 20th day, but more ignate the national committee of such polit- (1) in subparagraph (A), by inserting ‘‘ex- than 24 hours before an election, the report ical party as the candidate’s principal cam- cept as provided in subparagraph (B),’’ before shall be filed by the candidate within 24 paign committee, if that national committee ‘‘to’’; hours of the occurrence of the act. maintains separate books of account with re- (2) by redesignating subparagraphs (B) and ‘‘(B) NOTIFICATION.—For any such report spect to its functions as a principal cam- (C) as subparagraphs (C) and (D), respec- filed under this subsection, the Commission paign committee; and tively; and shall notify the appropriate eligible Senate ‘‘(B) a candidate may designate a political (3) by inserting after subparagraph (A) the candidate within 24 hours after the filing of committee established solely for the purpose following: such report.’’. of joint fundraising by such candidates as an ‘‘(B) if the general election expenditure TITLE II—REDUCTION OF SPECIAL authorized committee.’’. limit, primary election expenditure limit, or INTEREST INFLUENCE (d) RULES APPLICABLE WHEN BAN NOT IN runoff limit election expenditure limit appli- Subtitle A—Political Action Committees EFFECT.—For purposes of the Federal Elec- cable to an eligible Senate candidate has SEC. 201. BAN ON POLITICAL ACTION COM- tion Campaign Act of 1971 (2 U.S.C. 431 et been increased under section 503(d), to the el- MITTEE CONTRIBUTIONS TO FED- seq.), during any period beginning after the igible Senate candidate and the authorized ERAL CANDIDATES. effective date in which the limitation under political committees of the candidate with (a) IN GENERAL.—Title III of the Federal section 324 (as added by subsection (a)) is not respect to any election for the office of Election Campaign Act of 1971 (2 U.S.C. 431 in effect— United States Senator, which, in the aggre- et seq.) is amended by adding at the end the (1) the amendments made by subsections gate, exceed $2,000;’’. following: (a), (b), and (c) shall not be in effect; and SEC. 106. REPORTING REQUIREMENT FOR SEN- ‘‘SEC. 324. BAN ON POLITICAL ACTION COM- (2)(A) it shall be unlawful for a candidate ATE CANDIDATES. MITTEE CONTRIBUTIONS TO FED- for election, or nomination for election, to (a) CONTRIBUTIONS BY IN-STATE RESI- ERAL CANDIDATES. the Senate or an authorized committee of a DENTS.—Section 304(b)(2) of the Federal Elec- ‘‘Notwithstanding any other provision of Senate candidate to accept a contribution tion Campaign Act of 1971 (2 U.S.C. 434(b)(2)) this Act, no person other than an individual from a multicandidate political committee is amended— or a political committee may make a con- or an intermediary or conduit (within the (1) by striking ‘‘and’’ at the end of subpara- tribution to a candidate or candidate’s au- meaning of paragraph (8)), to the extent that graph (J); thorized committee.’’. the making or accepting of the contribution (2) by striking the period at the end of sub- (b) DEFINITION OF POLITICAL COMMITTEE.— would cause the aggregate amount of con- paragraph (K) and inserting ‘‘; and’’; and (1) SECTION 301(4).—Section 301(4) of the tributions received by the candidate and the (3) by adding at the end the following: Federal Election Campaign Act of 1971 (2 candidate’s authorized committees from ‘‘(L) in the case of an eligible Senate can- U.S.C. 431(4)) is amended to read as follows: multicandidate political committees, inter- didate, the total amount of contributions ‘‘(4) The term ‘political committee’ mediaries, and conduits to exceed 20 percent from individuals who are residents of the means— of the primary election expenditure limit, State in which the candidate seeks office.’’. ‘‘(A) the principal campaign committee of runoff election expenditure limit, or general (b) REPORTS BY SENATE CANDIDATES.—Sec- a candidate; election expenditure limit (as those terms tion 304 of the Federal Election Campaign ‘‘(B) any national, State, or district com- are defined in section 501) that is applicable Act of 1971 (2 U.S.C. 434) (as amended by sec- mittee of a political party, including any (or, if the candidate were an eligible Senate tion 221) is amended by adding at the end the subordinate committee thereof; candidate (as defined in section 501), would following: ‘‘(C) any local committee of a political be applicable) to the candidate, and a can- ‘‘(h) SENATE CANDIDATES.— party that— didate shall return to the contributor the ex- ‘‘(1) EXPENDITURES OF PERSONAL FUNDS.— ‘‘(i) receives contributions aggregating in cess of any contributions received over the ‘‘(A) IN GENERAL.—A candidate for the Sen- excess of $5,000 during a calendar year; amount of contributions allowed to be ac- ate who during an election cycle makes ex- ‘‘(ii) makes payments exempted from the cepted under this subparagraph; and penditures from sources described in section definition of contribution or expenditure (B) it shall be unlawful for a political com- 503(a)(2) in excess of the personal funds ex- under paragraph (8) or (9) aggregating in ex- mittee, intermediary, or conduit to make a penditure limit under 503(a) shall report the cess of $5,000 during a calendar year; or contribution to any candidate or an author- expenditures to the Commission within 48 ‘‘(iii) makes contributions or expenditures ized committee of a candidate that, in the hours after the expenditures have been made. aggregating in excess of $1,000 during a cal- aggregate, exceeds the amount that an indi- ‘‘(B) ADDITIONAL REPORTS.—A candidate endar year; and vidual is permitted, under section 315(a), to shall file an additional report within 48 ‘‘(D) any committee jointly established by make directly to the candidate and can- hours after the date on which the candidate a principal campaign committee and any didate’s authorized committees.

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Subtitle B—Provisions Relating to Soft committee, by an entity that is established, (b) LIMITS.— Money of Political Party Committees financed, maintained, or controlled by a (1) IN GENERAL.—Section 315(a) of the Fed- SEC. 211. SOFT MONEY OF POLITICAL PARTY State, district, or local committee of a polit- eral Election Campaign Act of 1971 (2 U.S.C. COMMITTEE. ical party, or by an agent or officer of any 441a(a)) is amended by striking paragraph (3) Title III of the Federal Election Campaign such committee or entity to raise funds that and inserting the following: Act of 1971 (2 U.S.C. 431 et seq.) (as amended are used, in whole or in part, to pay the costs ‘‘(3) OVERALL LIMITS.— by section 201) is amended by adding at the of an activity described in paragraph (1) ‘‘(A) INDIVIDUAL LIMIT.—No individual shall end the following: shall be made from funds subject to the limi- make contributions during any calendar ‘‘SEC. 325. SOFT MONEY OF PARTY COMMITTEES. tations, prohibitions, and reporting require- year that, in the aggregate, exceed $30,000. ‘‘(a) NATIONAL COMMITTEES.—A national ments of this Act. ‘‘(B) CALENDAR YEAR.—No individual shall committee of a political party (including a ‘‘(c) TAX-EXEMPT ORGANIZATIONS.—A na- make contributions during any calendar national congressional campaign committee tional, State, district, or local committee of year— of a political party), an entity that is di- a political party (including a national con- ‘‘(i) to all candidates and their authorized rectly or indirectly established, financed, gressional campaign committee of a political political committees that, in the aggregate, maintained, or controlled by a national com- party, an entity that is directly or indirectly exceed $25,000; or mittee or its agent, an entity acting on be- established, financed, maintained, or con- ‘‘(ii) to all political committees estab- half of a national committee, and an officer trolled by any such national, State, district, lished and maintained by State committees or agent acting on behalf of any such com- or local committee or its agent, an agent of a political party that, in the aggregate, mittee or entity (but not including an entity acting on behalf of any such party com- exceed $20,000. mittee, and an officer or agent acting on be- regulated under subsection (b)) shall not so- ‘‘(C) NONELECTION YEARS.—For purposes of half of any such party committee or entity), licit or receive any contributions, donations, subparagraph (B)(i), any contribution made shall not solicit any funds for or make any or transfers of funds, or spend any funds, to a candidate or the candidate’s authorized donations to an organization that is exempt that are not subject to the limitations, pro- political committees in a year other than from Federal taxation under section 501(c) of hibitions, and reporting requirements of this the calendar year in which the election is the Internal Revenue Code of 1986. Act. held with respect to which the contribution ‘‘(b) STATE, DISTRICT, AND LOCAL COMMIT- ‘‘(d) CANDIDATES.— is made shall be treated as being made dur- TEES.— ‘‘(1) IN GENERAL.—A candidate, individual ing the calendar year in which the election is ‘‘(1) IN GENERAL.—Any amount that is ex- holding Federal office, or agent of a can- held.’’. pended or disbursed by a State, district, or didate or individual holding Federal office shall not— (c) DEFINITIONS.—Section 301 of the Federal local committee of a political party (includ- Election Campaign Act of 1970 (2 U.S.C. 431) ing an entity that is directly or indirectly ‘‘(A) solicit, receive, transfer, or spend funds in connection with an election for Fed- is amended by adding at the end the fol- established, financed, maintained, or con- lowing: trolled by a State, district, or local com- eral office unless the funds are subject to the limitations, prohibitions, and reporting re- ‘‘(20) The term ‘generic campaign activity’ mittee of a political party and an officer or means a campaign activity that promotes a agent acting on behalf of any such com- quirements of this Act; ‘‘(B) solicit, receive, or transfer funds that political party and does not refer to any par- mittee or entity) during a calendar year in ticular Federal or non-Federal candidate. which a Federal election is held, for any ac- are to be expended in connection with any ‘‘(21) The term ‘State Party Grassroots tivity that might affect the outcome of a election other than a Federal election unless Fund’ means a separate segregated fund es- Federal election, including any voter reg- the funds— tablished and maintained by a State com- istration or get-out-the-vote activity, any ‘‘(i) are not in excess of the amounts per- mittee of a political party solely for pur- generic campaign activity, and any commu- mitted with respect to contributions to can- poses of making expenditures and other dis- nication that refers to a candidate (regard- didates and political committees under sec- bursements described in section 326(d).’’. less of whether a candidate for State or local tion 315(a) (1) and (2); and (d) STATE PARTY GRASSROOTS FUNDS.— office is also mentioned or identified) shall ‘‘(ii) are not from sources prohibited by this Act from making contributions with re- Title III of the Federal Election Campaign be made from funds subject to the limita- Act of 1971 (2 U.S.C. 431 et seq.) (as amended tions, prohibitions, and reporting require- spect to an election for Federal office; or ‘‘(C) solicit, receive, or transfer any funds by section 211) is amended by adding at the ments of this Act. end the following: ‘‘(2) ACTIVITY EXCLUDED FROM PARAGRAPH on behalf of any person that are not subject ‘‘SEC. 326. STATE PARTY GRASSROOTS FUNDS. (1).— to the limitations, prohibitions, and report- ‘‘(a) DEFINITION.—In this section, the term ‘‘(A) IN GENERAL.—Paragraph (1) shall not ing requirements of the Act if the funds are for use in financing any campaign-related ‘State or local candidate committee’ means apply to an expenditure or disbursement a committee established, financed, main- made by a State, district, or local committee activity or any communication that refers to a clearly identified candidate for Federal of- tained, or controlled by a candidate for other of a political party for— than Federal office. fice. ‘‘(i) a contribution to a candidate for State ‘‘(b) TRANSFERS.—Notwithstanding section XCEPTION.—Paragraph (1) does not or local office if the contribution is not des- ‘‘(2) E 315(a)(4), no funds may be transferred by a ignated or otherwise earmarked to pay for apply to the solicitation or receipt of funds State committee of a political party from its an activity described in paragraph (1); by an individual who is a candidate for a State Party Grassroots Fund to any other ‘‘(ii) the costs of a State, district, or local State or local office if the solicitation or re- State Party Grassroots Fund or to any other political convention; ceipt of funds is permitted under State law political committee, except a transfer may ‘‘(iii) the non-Federal share of a State, dis- for the individual’s State or local campaign be made to a district or local committee of trict, or local party committee’s administra- committee.’’. the same political party in the same State if tive and overhead expenses (but not includ- SEC. 212. STATE PARTY GRASSROOTS FUNDS. the district or local committee— ing the compensation in any month of any (a) INDIVIDUAL CONTRIBUTIONS.—Section ‘‘(1) has established a separate segregated individual who spends more than 20 percent 315(a)(1) of the Federal Election Campaign fund for the purposes described in subsection of the individual’s time on activity during Act of 1971 (2 U.S.C. 441a(a)(1)) (as amended (d); and the month that may affect the outcome of a by section 105) is amended— ‘‘(2) uses the transferred funds solely for Federal election) except that for purposes of (1) in subparagraph (C) by striking ‘‘or’’ at those purposes. this paragraph, the non-Federal share of a the end; ‘‘(c) AMOUNTS RECEIVED BY GRASSROOTS party committee’s administrative and over- (2) by redesignating subparagraph (D) as FUNDS FROM STATE AND LOCAL CANDIDATE head expenses shall be determined by apply- subparagraph (E); and COMMITTEES.— ing the ratio of the non-Federal disburse- (3) by inserting after subparagraph (C) the ‘‘(1) IN GENERAL.—Any amount received by ments to the total Federal expenditures and following: a State Party Grassroots Fund from a State non-Federal disbursements made by the ‘‘(D) to— or local candidate committee for expendi- committee during the previous presidential ‘‘(i) a State Party Grassroots Fund estab- tures described in subsection (d) that are for election year to the committee’s administra- lished and maintained by a State committee the benefit of that candidate shall be treated tive and overhead expenses in the election of a political party in any calendar year as meeting the requirements of 325(b)(1) and year in question; which, in the aggregate, exceed $20,000; section 304(d) if— ‘‘(iv) the costs of grassroots campaign ma- ‘‘(ii) any other political committee estab- ‘‘(A) the amount is derived from funds terials, including buttons, bumper stickers, lished and maintained by a State committee which meet the requirements of this Act and yard signs that name or depict only a of a political party in any calendar year with respect to any limitation or prohibition candidate for State or local office; and which, in the aggregate, exceed $5,000; as to source or dollar amount specified in ‘‘(v) the cost of any campaign activity con- except that the aggregate contributions de- section 315(a) (1)(A) and (2)(A)(i); and ducted solely on behalf of a clearly identified scribed in this subparagraph that may be ‘‘(B) the State or local candidate com- candidate for State or local office, if the can- made by a person to the State Party Grass- mittee— didate activity is not an activity described roots Fund and all committees of a State ‘‘(i) maintains, in the account from which in paragraph (1). Committee of a political party in any State payment is made, records of the sources and ‘‘(B) FUNDRAISING COSTS.—Any amount in any calendar year shall not exceed $20,000; amounts of funds for purposes of determining spent by a national, State, district, or local or’’. whether those requirements are met; and

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‘‘(ii) certifies that the requirements were (c) REPORTS BY STATE COMMITTEES.—Sec- Subtitle D—Contributions met. tion 304 of the Federal Election Campaign SEC. 231. CONTRIBUTIONS THROUGH INTER- ‘‘(2) DETERMINATION OF COMPLIANCE.—For Act of 1971 (2 U.S.C. 434) (as amended by sub- MEDIARIES AND CONDUITS. purposes of paragraph (1)(A), in determining section (a)) is amended by adding at the end Section 315(a)(8) of the Federal Election whether the funds transferred meet the re- the following: Campaign Act of 1971 (2 U.S.C. 441a(a)(8)) is quirements of this Act described in para- ‘‘(f) FILING OF STATE REPORTS.—In lieu of amended by striking paragraph (8) and in- graph (1)(A)— any report required to be filed by this Act, serting the following: ‘‘(A) a State or local candidate commit- the Commission may allow a State com- ‘‘(8) INTERMEDIARIES AND CONDUITS.— tee’s cash on hand shall be treated as con- mittee of a political party to file with the ‘‘(A) DEFINITIONS.—In this paragraph: sisting of the funds most recently received Commission a report required to be filed ‘‘(i) ACTING ON BEHALF OF THE ENTITY.—The by the committee; and under State law if the Commission deter- term ‘acting on behalf of the entity’ means ‘‘(B) the committee must be able to dem- mines such reports contain substantially the soliciting one or more contributions— onstrate that its cash on hand contains funds same information.’’. ‘‘(I) in the name of an entity; ‘‘(II) using other than incidental resources meeting those requirements sufficient to (d) OTHER REPORTING REQUIREMENTS.— of an entity; or cover the transferred funds. (1) AUTHORIZED COMMITTEES.—Section ‘‘(3) REPORTING.—Notwithstanding para- 304(b)(4) of the Federal Election Campaign ‘‘(III) by directing a significant portion of graph (1), any State Party Grassroots Fund Act of 1971 (2 U.S.C. 434(b)(4)) is amended— the solicitations to other officers, employ- that receives a transfer described in para- (A) by striking ‘‘and’’ at the end of sub- ees, agents, or members of an entity or their graph (1) from a State or local candidate paragraph (H); spouses, or by soliciting a significant portion of the other officers, employees, agents, or committee shall be required to meet the re- (B) by inserting ‘‘and’’ at the end of sub- members of an entity or their spouses. porting requirements of this Act, and shall paragraph (I); and ‘‘(ii) BUNDLER.—The term ‘bundler’ means submit to the Commission all certifications (C) by adding at the end the following new an intermediary or conduit that delivers received, with respect to receipt of the trans- subparagraph: contributions made by other persons, and fer from the candidate committee. ‘‘(J) in the case of an authorized com- that is any of the following persons: ‘‘(d) DISBURSEMENTS AND EXPENDITURES.— mittee, disbursements for the primary elec- ‘‘(I) A political committee (other than the A State committee of a political party may tion, the general election, and any other authorized campaign committee of the can- make disbursements and expenditures from election in which the candidate partici- didate receiving the funds) or an officer, em- its State Party Grassroots Fund only for— pates;’’. ‘‘(1) any generic campaign activity; ployee or agent of a political committee. (2) NAMES AND ADDRESSES.—Section ‘‘(II) A corporation, labor organization, or ‘‘(2) payments described in clauses (v), (x), 304(b)(5)(A) of the Federal Election Campaign and (xii) of paragraph (8)(B) and clauses (iv), partnership or an officer, employee, or agent Act of 1971 (2 U.S.C. 434(b)(5)(A)) is amended of a corporation labor organization, or part- (viii), and (ix) of paragraph (9)(B) of section by inserting ‘‘, and the election to which the 301; nership, acting on behalf of the corporation, operating expenditure relates’’ after ‘‘oper- labor organization, or partnership. ‘‘(3) subject to the limitations of section ating expenditure’’. 315(d), payments described in clause (xii) of ‘‘(III) A person required to be listed as a paragraph (8)(B), and clause (ix) of paragraph Subtitle C—Soft Money of Persons Other lobbyist on a registration or other report (9)(B), of section 301 on behalf of candidates Than Political Parties filed pursuant to the Lobbying Disclosure Act of 1995 (2 U.S.C. 1601 et seq.) or any suc- other than for President and Vice President; SEC. 221. SOFT MONEY OF PERSONS OTHER THAN cessor law that requires reporting on the ac- ‘‘(4) voter registration; and POLITICAL PARTIES. tivities of a person who is a lobbyist or for- ‘‘(5) development and maintenance of voter Section 304 of the Federal Election Cam- eign agent. files during an even-numbered calendar paign Act of 1971 (2 U.S.C. 434) (as amended ‘‘(iii) DELIVER.—The term ‘deliver’ means year.’’. by section 213) is amended by adding at the to deliver contributions to a candidate by SEC. 213. REPORTING REQUIREMENTS. end the following: any method used or suggested by a bundler (a) REPORTING REQUIREMENTS.—Section 304 ‘‘(f) ELECTION ACTIVITY OF PERSONS OTHER that communicates to the candidate (or to of the Federal Election Campaign Act of 1971 THAN POLITICAL PARTIES.— the person who receives the contributions on (2 U.S.C. 434) (as amended by section 241) is ‘‘(1) IN GENERAL.—A person other than a behalf of the candidate) that the bundler col- amended by adding at the end the following: committee of a political party that makes lected the contributions for the candidate, ‘‘(e) POLITICAL COMMITTEES.— aggregate disbursements totaling in excess including such methods as— ‘‘(1) NATIONAL AND CONGRESSIONAL POLIT- of $10,000 for activities described in para- ‘‘(I) personal delivery; ICAL COMMITTEES.—The national committee graph (2) shall file a statement with the ‘‘(II) United States mail or similar serv- of a political party, any congressional cam- Commission— ices; paign committee of a political party, and ‘‘(A) within 48 hours after the disburse- ‘‘(III) messenger service; and any subordinate committee of either, shall ments are made; or ‘‘(IV) collection at an event or reception. report all receipts and disbursements during ‘‘(B) in the case of disbursements that are ‘‘(B) TREATMENT AS CONTRIBUTIONS FROM the reporting period, whether or not in con- made within 20 days of an election, within 24 PERSONS BY WHOM MADE.— nection with an election for Federal office. hours after the disbursements are made. ‘‘(i) IN GENERAL.—For purposes of the limi- ‘‘(2) OTHER POLITICAL COMMITTEES TO WHICH ‘‘(2) ACTIVITY.—The activity described in tations imposed by this section, all contribu- SECTION 325 APPLIES.—A political committee this paragraph is— tions made by a person, either directly or in- (not described in paragraph (1)) to which sec- ‘‘(A) any activity described in section directly, on behalf of a candidate, including tion 325(b)(1) applies shall report all receipts 316(b)(2)(A) that refers to any candidate for contributions that are in any way earmarked and disbursements made for activities de- Federal office, any political party, or any or otherwise directed through an inter- scribed in section 325(b) (1) and (2)(iii). Federal election; and mediary or conduit to the candidate, shall be ‘‘(3) OTHER POLITICAL COMMITTEES.—Any ‘‘(B) any activity described in subpara- treated as contributions from the person to political committee to which paragraph (1) graph (B) or (C) of section 316(b)(2). the candidate. or (2) does not apply shall report any re- ‘‘(3) ADDITIONAL STATEMENTS.—An addi- ‘‘(ii) REPORTING.—The intermediary or con- ceipts or disbursements that are used in con- tional statement shall be filed each time ad- duit through which a contribution is made nection with a Federal election. ditional disbursements aggregating $10,000 shall report the name of the original contrib- ‘‘(4) ITEMIZATION.—If a political committee are made by a person described in paragraph utor and the intended recipient of the con- has receipts or disbursements to which this (1). tribution to the Commission and to the in- subsection applies from any person aggre- ‘‘(4) APPLICABILITY.—This subsection does tended recipient. gating in excess of $200 for any calendar not apply to— ‘‘(C) TREATMENT AS CONTRIBUTIONS FROM year, the political committee shall sepa- ‘‘(A) a candidate or a candidate’s author- THE BUNDLER.—Contributions that a bundler rately itemize its reporting for such person ized committees; or delivers to a candidate, agent of the can- in the same manner as required in para- ‘‘(B) an independent expenditure. didate, or the candidate’s authorized com- graphs (3)(A), (5), and (6) of subsection (b). ‘‘(5) CONTENTS.—A statement under this mittee shall be treated as contributions from ‘‘(5) REPORTING PERIODS.—Reports required section shall contain such information about the bundler to the candidate as well as from to be filed under this subsection shall be the disbursements as the Commission shall the original contributor. filed for the same time periods required for prescribe, including— ‘‘(D) NO LIMITATION ON OR PROHIBITION OF political committees under subsection (a).’’. ‘‘(A) the name and address of the person or CERTAIN ACTIVITIES.—This subsection does (b) BUILDING FUND EXCEPTION TO THE DEFI- entity to whom the disbursement was made; not— NITION OF CONTRIBUTION.—Section 301(8) of ‘‘(B) the amount and purpose of the dis- ‘‘(i) limit fundraising efforts for the benefit the Federal Election Campaign Act of 1971 (2 bursement; and of a candidate that are conducted by another U.S.C. 431(8)) is amended— ‘‘(C) if applicable, whether the disburse- candidate or Federal officeholder; or (1) by striking clause (viii); and ment was in support of, or in opposition to, ‘‘(ii) prohibit an officer, employee, or agent (2) by redesignating clauses (ix) through a candidate or a political party, and the of a corporation, labor organization, or part- (xiv) as clauses (viii) through (xiii), respec- name of the candidate or the political nership from soliciting, collecting, or deliv- tively. party.’’. ering a contribution to a candidate, agent of

VerDate Mar 15 2010 22:20 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00084 Fmt 0624 Sfmt 0634 E:\1997SENATE\S22JA7.REC S22JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 22, 1997 CONGRESSIONAL RECORD — SENATE S663

the candidate, or the candidate’s authorized with an election in which an eligible Senate (b) EXTENSION OF PERIOD DURING WHICH committee if the officer, employee, or agent candidate is on the ballot, the Commission CAMPAIGN AUDITS MAY BE BEGUN.—Section does so by use of the personal resources of shall notify each candidate in the election of 311(b) of the Federal Election Campaign Act the officer, employee, or agent and is not the making of the determination within 2 of 1971 (2 U.S.C. 438(b)) is amended by strik- acting on behalf of the corporation, labor or- business days after making the determina- ing ‘‘6 months’’ and inserting ‘‘12 months’’. ganization, or partnership.’’. tion. SEC. 303. AUTHORITY TO SEEK INJUNCTION. Subtitle E—Independent Expenditures ‘‘(C) TIME TO COMPLY WITH REQUEST FOR DE- Section 309(a) of the Federal Election Cam- TERMINATION.—A determination made at the paign Act of 1971 (2 U.S.C. 437g(a)) is amend- SEC. 241. REPORTING REQUIREMENTS FOR CER- TAIN INDEPENDENT EXPENDITURES. request of a candidate shall be made within ed— Section 304(c) of the Federal Election Cam- 2 business days after the date of the request. (1) by adding at the end the following: OTIFICATION OF AN ALLOWABLE IN- paign Act of 1971 (2 U.S.C. 434(c)) is amend- ‘‘(6) N ‘‘(13)(A) If, at any time in a proceeding de- CREASE IN INDEPENDENT EXPENDITURE LIMIT.— scribed in paragraph (1), (2), (3), or (4), the ed— When independent expenditures totaling in Commission believes that— (1) in paragraph (2), by striking the undes- the aggregate $10,000 have been made in the ‘‘(i) there is a substantial likelihood that a ignated matter after subparagraph (C); same election in support of an opposing can- violation of this Act is occurring or is about (2) by redesignating paragraph (3) as para- didate or against an eligible Senate can- to occur; graph (7); and didate, the Commission shall, within 2 busi- ‘‘(ii) the failure to act expeditiously will (3) by inserting after paragraph (2), as ness days, notify the eligible Senate can- result in irreparable harm to a party affected amended by paragraph (1), the following: didate that the eligible Senate candidate is by the potential violation; ‘‘(d) TIME FOR REPORTING CERTAIN EXPEND- entitled under section 503(e) to an increase in ‘‘(iii) expeditious action will not cause ITURES.— the applicable expenditure limit in an undue harm or prejudice to the interests of ‘‘(1) EXPENDITURES AGGREGATING $1,000.— amount equal to the amount of the inde- others; and ‘‘(A) INITIAL REPORT.—A person (including pendent expenditures.’’. a political committee) that makes inde- ‘‘(iv) the public interest would be best pendent expenditures aggregating $1,000 or TITLE III—ENFORCEMENT served by the issuance of an injunction; more after the 20th day, but more than 24 SEC. 301. FILING OF REPORTS USING COM- the Commission may initiate a civil action hours, before an election shall file a report PUTERS AND FACSIMILE MACHINES. for a temporary restraining order or a pre- describing the expenditures within 24 hours Section 302(a) of the Federal Election Cam- liminary injunction pending the outcome of after that amount of independent expendi- paign Act of 1971 (2 U.S.C. 434(a)) is amended the proceedings described in paragraphs (1), tures has been made. by striking paragraph (11) and inserting at (2), (3), and (4). the end the following: ‘‘(B) An action under subparagraph (A) ‘‘(B) ADDITIONAL REPORTS.—After a person files a report under subparagraph (A), the ‘‘(11)(A) The Commission may prescribe shall be brought in the United States district person filing the report shall file an addi- regulations under which persons required to court for the district in which the defendant file designations, statements, and reports tional report each time that independent ex- resides, transacts business, or may be found, under this Act— or in which the violation is occurring, has penditures aggregating an additional $1,000 ‘‘(i) are required to maintain and file a des- occurred, or is about to occur.’’; are made with respect to the same election ignation, statement, or report for any cal- (2) in paragraph (7), by striking ‘‘(5) or (6)’’ as that to which the initial report relates. endar year in electronic form accessible by and inserting ‘‘(5), (6), or (13)’’; and ‘‘(2) EXPENDITURES AGGREGATING $10,000.— computers if the person has, or has reason to (3) in paragraph (11), by striking ‘‘(6)’’ and ‘‘(A) INITIAL REPORT.—A person (including expect to have, aggregate contributions or inserting ‘‘(6) or (13)’’. a political committee) that makes inde- expenditures in excess of a threshold amount pendent expenditures aggregating $10,000 or SEC. 304. REPORTING REQUIREMENTS FOR CON- determined by the Commission; and TRIBUTIONS OF $50 OR MORE. more at any time up to and including the ‘‘(ii) may maintain and file a designation, Section 304(b)(3)(A) of the Federal Election 20th day before an election shall file a report statement, or report in that manner if not Campaign Act at 1971 (2 U.S.C. 434(b)(3)(A) is describing the expenditures within 48 hours required to do so under regulations pre- amended— after that amount of independent expendi- scribed under clause (i). (1) by striking ‘‘$200’’ and inserting ‘‘$50’’; tures has been made. ‘‘(B) The Commission shall prescribe regu- and ‘‘(B) ADDITIONAL REPORTS.—After a person lations which allow persons to file designa- (2) by striking the semicolon and inserting files a report under subparagraph (A), the tions, statements, and reports required by ‘‘, except that in the case of a person who person filing the report shall file an addi- this Act through the use of facsimile ma- makes contributions aggregating at least $50 tional report each time that independent ex- chines. but not more than $200 during the calendar penditures aggregating an additional $10,000 ‘‘(C) In prescribing regulations under this year, the identification need include only are made with respect to the same election paragraph, the Commission shall provide the name and address of the person’’. as that to which the initial report relates. methods (other than requiring a signature on SEC. 305. INCREASE IN PENALTY FOR KNOWING ‘‘(3) PLACE OF FILING; CONTENTS; TRANS- the document being filed) for verifying des- AND WILLFUL VIOLATIONS. MITTAL.— ignations, statements, and reports covered Section 309(a)(5)(B) of the Federal Election ‘‘(A) PLACE OF FILING; CONTENTS.—A report by the regulations. Any document verified Campaign Act of 1971 (2 U.S.C. 437g(a)(5)(B)) under this subsection— under any of the methods shall be treated for is amended by striking ‘‘the greater of ‘‘(i) shall be filed with the Commission; all purposes (including penalties for perjury) $10,000 or an amount equal to 200 percent’’ and in the same manner as a document verified and inserting ‘‘the greater of $15,000 or an ‘‘(ii) shall contain the information re- by signature.’’. amount equal to 300 percent’’. quired by subsection (b)(6)(B)(iii), including SEC. 302. AUDITS. SEC. 306. PROHIBITION OF CONTRIBUTIONS BY the name of each candidate whom an expend- (a) RANDOM AUDITS.—Section 311(b) of the INDIVIDUALS NOT QUALIFIED TO iture is intended to support or oppose. Federal Election Campaign Act of 1971 (2 VOTE. ‘‘(B) TRANSMITTAL TO CANDIDATES.—In the U.S.C. 438(b)) is amended— (a) PROHIBITION.—Section 319 of the Fed- case of an election for United States Sen- (1) by inserting ‘‘(1)’’ before ‘‘The Commis- eral Election Campaign Act of 1971 (2 U.S.C. ator, not later than 2 business days after re- sion’’; and 441e) is amended— ceipt of a report under this subsection, the (2) by adding at the end the following: (1) in the heading by adding ‘‘AND INDI- Commission shall transmit a copy of the re- ‘‘(2) RANDOM AUDITS.— VIDUALS NOT QUALIFIED TO REGISTER port to each eligible candidate seeking nomi- ‘‘(A) IN GENERAL.—Notwithstanding para- TO VOTE’’ at the end; and nation for election to, or election to, the of- graph (1), the Commission may conduct ran- (2) in subsection (a)— fice in question. dom audits and investigations to ensure vol- (A) by striking ‘‘(a) It shall’’ and inserting ‘‘(4) OBLIGATION TO MAKE EXPENDITURE.— untary compliance with this Act. the following: For purposes of this subsection, an expendi- ‘‘(B) SELECTION OF SUBJECTS.—The aggre- ‘‘(a) PROHIBITIONS.— ture shall be treated as being made on the gate amount of contributions received by an ‘‘(1) FOREIGN NATIONALS.—It shall’’; and making of any payment or the taking of any eligible Senate candidate as of the end of (B) by adding at the end the following: action to incur an obligation for payment. each reporting period under section 304 shall ‘‘(2) INDIVIDUALS NOT QUALIFIED TO VOTE.— ‘‘(5) DETERMINATIONS BY THE COMMISSION.— meet the requirement of paragraph (1). It shall be unlawful for an individual who is ‘‘(A) IN GENERAL.—The Commission may, ‘‘(C) LIMITATION.—The Commission shall not qualified to register to vote in a Federal upon a request of a candidate or on its own not conduct an audit or investigation of a election to make a contribution, or to prom- initiative, make its own determination that candidate’s authorized committee under ise expressly or impliedly to make a con- a person, including a political committee, paragraph (1) until the candidate is no longer tribution, in connection with a Federal elec- has made, or has incurred obligations to a candidate for the office sought by the can- tion; or for any person to solicit, accept, or make, independent expenditures with respect didate in an election cycle. receive a contribution in connection with a to any candidate in any Federal election ‘‘(D) APPLICABILITY.—This paragraph does Federal election from an individual who is that in the aggregate exceed the applicable not apply to an authorized committee of a not qualified to register to vote in a Federal amounts under paragraph (1) or (2). candidate for President or Vice President election.’’. ‘‘(B) NOTIFICATION.—In the case of inde- subject to audit under section 9007 or 9038 of (b) INCLUSION IN DEFINITION OF IDENTIFICA- pendent expenditures made in connection the Internal Revenue Code of 1986.’’. TION.—Section 301(13) of the Federal Election

VerDate Mar 15 2010 22:20 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00085 Fmt 0624 Sfmt 0634 E:\1997SENATE\S22JA7.REC S22JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S664 CONGRESSIONAL RECORD — SENATE January 22, 1997 Campaign Act of 1971 (2 U.S.C. 431(13)) is TITLE IV—MISCELLANEOUS ‘‘(e) Any broadcast or cablecast commu- amended— SEC. 401. USE OF CONTRIBUTED AMOUNTS FOR nication described in subsection (a)(3) shall (1) in subparagraph (A)— CERTAIN PURPOSES. include, in addition to the requirements of (A) by striking ‘‘and’’ the first place it ap- Title III of the Federal Election Campaign those subsections, in a clearly spoken man- pears; and Act of 1971 (2 U.S.C. 431 et seq.) is amended ner, the following statement: by striking section 313 and inserting the fol- (B) by inserting ‘‘, and an affirmation that ‘llllllll is responsible for the con- the individual is an individual who is not lowing: ‘‘SEC. 313. USE OF CONTRIBUTED AMOUNTS FOR tent of this advertisement.’ (with the blank prohibited by section 319 from making a con- to be filled in with the name of the political tribution’’ after ‘‘employer’’; and CERTAIN PURPOSES. ‘‘Amounts received by a candidate as con- committee or other person paying for the (2) in subparagraph (B) by inserting ‘‘and tributions, and any other amounts received communication and the name of any con- an affirmation that the person is a person by an individual as support for his or her ac- that is not prohibited by section 319 from nected organization of the payor). If broad- tivities as a holder of Federal office, may be cast or cablecast by means of television, the making a contribution’’ after ‘‘such person’’. used by such candidate or individual for ex- SEC. 307. USE OF CANDIDATES’ NAMES. statement shall also appear in a clearly read- penditures in connection with his or her able manner with a reasonable degree of Section 302(e) of the Federal Election Cam- campaign for Federal office, for any ordinary color contrast between the background and paign Act of 1971 (2 U.S.C. 432(e)) is amended and necessary expenses incurred in connec- by striking paragraph (4) and inserting the tion with his or her duties as a holder of Fed- the printed statement, for a period of at following: eral office, for contributions to any organiza- least 4 seconds.’’. ‘‘(4)(A) The name of each authorized com- tion described in section 170(c) of title 26, or SEC. 403. LIMIT ON CONGRESSIONAL USE OF THE mittee shall include the name of the can- for transfers to any national, State or local FRANKING PRIVILEGE. didate who authorized the committee under committee of any political party. No such paragraph (1). amounts may be converted by any person to (a) IN GENERAL.—Section 3210(a)(6)(A) of ‘‘(B) A political committee that is not an any personal use. For the purposes of this title 39, United States Code, is amended to authorized committee shall not— section, such amounts are converted to per- read as follows: ‘‘(i) include the name of any candidate in sonal use if they are used to fulfill any com- ‘‘(A) A Member of Congress shall not mail its name, or mitment, obligation or expense of any person any mass mailing as franked mail during a ‘‘(ii) except in the case of a national, State, that would exist irrespective of the can- year in which there will be an election for or local party committee, use the name of didate’s campaign or individual’s respon- the seat held by the Member during the pe- any candidate in any activity on behalf of sibilities as a Federal officeholder, including riod between January 1 of that year and the such committee in such a context as to sug- but not limited to, a home mortgage, rent or date of the general election for that Office, gest that the committee is an authorized utility payment; clothing purchase; noncam- unless the Member has made a public an- committee of the candidate or that the use paign automobile expense; country club nouncement that the Member will not be a of the candidate’s name has been authorized membership; vacation, or trip of a noncam- candidate for reelection to that year or for by the candidate.’’. paign nature; household food items; tuition election to any other Federal office.’’. SEC. 308. PROHIBITION OF FALSE REPRESENTA- payment; admission to a sporting event, con- cert, theatre or other form of entertainment (b) APPLICATION OF SAVINGS.—It is the in- TION TO SOLICIT CONTRIBUTIONS. tent of Congress that any savings realized by Section 322 of the Federal Election Cam- not associated with a campaign; and dues, virtue of the amendment made by subsection paign Act of 1971 (2 U.S.C. 441h) is amended— fees or contributions to a health club or rec- (a) shall be designated to pay for the benefits (1) by inserting after ‘‘SEC. 322.’’ the fol- reational facility.’’. lowing: ‘‘(a)’’; and SEC. 402. CAMPAIGN ADVERTISING. of section 104 (relating to reduced postage (2) by adding at the end the following: Section 318 of the Federal Election Cam- rates for eligible Senate candidates) provided ‘‘(b) No person shall solicit contributions paign Act of 1971 (2 U.S.C. 441d) is amended— under section 104. (1) in subsection (a)— by falsely representing himself as a can- SEC. 404. PARTY INDEPENDENT EXPENDITURES. didate or as a representative of a candidate, (A) in the matter preceding paragraph (1)— a political committee, or a political party.’’. (i) by striking ‘‘Whenever’’ and inserting Section 315(d) of the Federal Election Cam- SEC. 309. EXPEDITED PROCEDURES. ‘‘Whenever a political committee makes a paign Act of 1997 (2 U.S.C. 441a(d)) is amend- Section 309(a) of the Federal Election Cam- disbursement for the purpose of financing ed— paign Act of 1971 (2 U.S.C. 437g(a)) (as amend- any communication through any broad- (1) in paragraph (1)— ed by section 303) is amended by adding at casting station, newspaper, magazine, out- (A) by inserting ‘‘coordinated’’ after the end the following new paragraph: door advertising facility, mailing, or any ‘‘make’’; and ‘‘(14)(A) If the complaint in a proceeding other type of general public political adver- (B) by striking ‘‘(2) and (3)’’ and inserting was filed within 60 days immediately pre- tising, or whenever’’; ‘‘(2), (3), and (4)’’; and ceding a general election, the Commission (ii) by striking ‘‘an expenditure’’ and in- (2) by adding at the end the following: may take action described in this subpara- serting ‘‘a disbursement’’; and ‘‘(4) Before a committee of a political graph. (iii) by striking ‘‘direct’’; and party may make coordinated expenditures in ‘‘(B) If the Commission determines, on the (B) in paragraph (3), by inserting ‘‘and per- connection with a general election campaign basis of facts alleged in the complaint and manent street address’’ after ‘‘name’’; and for Federal office in excess of $5,000 pursuant other facts available to the Commission, (2) by adding at the end the following: to this subsection, the committee shall file that there is clear and convincing evidence ‘‘(c) Any printed communication described with the Commission a certification, signed that a violation of this Act has occurred, is in subsection (a) shall be— by the treasurer, that the committee has not occurring, or is about to occur and it appears ‘‘(1) of sufficient type size to be clearly and will not make any independent expendi- that the requirements for relief stated in readable by the recipient of the communica- tures in connection with that campaign for paragraph (13)(A) (ii), (iii), and (iv) are met, tion; Federal office. A party committee that de- the Commission may— ‘‘(2) contained in a printed box set apart termines to make coordinated expenditures ‘‘(i) order expedited proceedings, short- from the other contents of the communica- pursuant to this subsection shall not make ening the time periods for proceedings under tion; and any transfers of funds in the same election paragraphs (1), (2), (3), and (4) as necessary to ‘‘(3) consist of a reasonable degree of color cycle to, or receive any transfer of funds in allow the matter to be resolved in sufficient contrast between the background and the the same election cycle from, any other time before the election to avoid harm or printed statement. party committee that determines to make ‘‘(d)(1) Any broadcast or cablecast commu- prejudice to the interests of the parties; or independent expenditures in connection with nication described in subsection (a)(1) or sub- ‘‘(ii) if the Commission determines that section (a)(2) shall include, in addition to the the same campaign for Federal office. there is insufficient time to conduct pro- requirements of those subsections, an audio ‘‘(5)(A) A committee of a political party ceedings before the election, immediately statement by the candidate that identifies shall be considered to be in coordination seek relief under paragraph (13)(A). the candidate and states that the candidate with a candidate of the party if the com- ‘‘(C) If the Commission determines, on the has approved the communication. mittee— basis of facts alleged in the complaint and ‘‘(2) If a broadcast or cablecast commu- ‘‘(i) makes a payment for a communication other facts available to the Commission, nication described in paragraph (1) is broad- or anything of value in coordination with that the complaint is clearly without merit, cast or cablecast by means of television, the the candidate, as described in section the Commission may— communication shall include, in addition to 301(8)(A)(iii); ‘‘(i) order expedited proceedings, short- the audio statement under paragraph (1), a ‘‘(ii) makes a coordinated expenditure ening the time periods for proceedings under written statement which— under section 315(d) on behalf of the can- paragraphs (1), (2), (3), and (4) as necessary to ‘‘(A) appears at the end of the communica- didate; allow the matter to be resolved in sufficient tion in a clearly readable manner with a rea- ‘‘(iii) participates in joint fundraising with time before the election to avoid harm or sonable degree of color contrast between the the candidate or in any way solicits or re- prejudice to the interests of the parties; or background and the printed statement, for a ceives a contribution on behalf of the can- ‘‘(ii) if the Commission determines that period of at least 4 seconds; and didate; there is insufficient time to conduct pro- ‘‘(B) is accompanied by a clearly identifi- ‘‘(iv) communicates with the candidate or ceedings before the election, summarily dis- able photographic or similar image of the an agent of the candidate (including a poll- miss the complaint.’’. candidate. ster, media consultant, vendor, advisor, or

VerDate Mar 15 2010 22:20 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00086 Fmt 0624 Sfmt 0634 E:\1997SENATE\S22JA7.REC S22JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 22, 1997 CONGRESSIONAL RECORD — SENATE S665 staff member), acting on behalf of the can- any individual or person who has provided or ‘‘(i) a communication that conveys a mes- didate, about advertising, message, alloca- is providing campaign-related services in the sage that advocates the election or defeat of tion of resources, fundraising, or other cam- same election cycle to a candidate in connec- a clearly identified candidate for Federal of- paign matters related to the candidate’s tion with the candidate’s pursuit of nomina- fice by using an expression such as ‘vote for,’ campaign, including campaign operations, tion for election, or election, to Federal of- ‘elect,’ ‘support,’ ‘vote against,’ ‘defeat,’ ‘re- staffing, tactics or strategy; or fice, including services relating to the can- ject,’ ‘(name of candidate) for Congress’, ‘‘(v) provides in-kind services, polling data, didate’s decision to seek Federal office, and ‘vote pro-life,’ or ‘vote pro-choice’, accom- or anything of value to the candidate. the professional is retained to work on ac- panied by a listing or picture of a clearly ‘‘(6) For purposes of paragraphs (4) and (5), tivities relating to that candidate’s cam- identified candidate described as ‘pro-life’ or all political committees established and paign. ‘pro-choice,’ ‘reject the incumbent’, or a maintained by a national political party (in- ‘‘(D) For purposes of subparagraph (C)(vi), similar expression; cluding all congressional campaign commit- the term ‘professional services’ includes ‘‘(ii) a communication that is made tees) and all political committees estab- services in support of a candidate’s pursuit through a broadcast medium, newspaper, lished by State political parties shall be con- of nomination for election, or election, to magazine, billboard, direct mail, or similar sidered to be a single political committee. Federal office such as polling, media advice, type of general public communication or po- ‘‘(7) For purposes of paragraph (5), any co- direct mail, fundraising, or campaign re- litical advertising that involves aggregate ordination between a committee of a polit- search. disbursements of $10,000 or more, that refers ical party and a candidate of the party after (2) SECTION 315(A)(7).—Section 315(a)(7) (2 to a clearly identified candidate, that a rea- the candidate has filed a statement of can- U.S.C. 441a(a)(7)) is amended by striking sonable person would understand as advo- didacy constitutes coordination for the pe- paragraph (B), and inserting the following: cating the election or defeat of the can- riod beginning with the filing of the state- ‘‘(B) Payments made in coordination with didate, and that is made within 30 days be- ment of candidacy and ending at the end of a candidate, as described in section fore the date of a primary election (and is the election cycle.’’. 301(8)(A)(iii), shall be considered to be con- targeted to the State in which the primary is SEC. 405. COORDINATED EXPENDITURES; INDE- tributions to such candidate, and in the case occurring), or 60 days before a general elec- PENDENT EXPENDITURES. of limitations on expenditures, shall be tion; or (a) DEFINITION OF COORDINATED EXPENDI- treated as expenditures for purposes of this ‘‘(iii) a communication that is made TURE.— paragraph. through a broadcast medium, newspaper, (1) SECTION 301(8).—Section 301(8) of the Fed- (b) MEANING OF CONTRIBUTION OR EXPENDI- magazine, billboard, direct mail, or similar eral Election Campaign Act of 1971 (2 U.S.C. TURE FOR THE PURPOSES OF SECTION 316.— type of general public communication or po- 431(8)) is amended— Section 316(b)(2) of the Federal Election litical advertising that involves aggregate (A) in subparagraph (A)— Campaign Act of 1971 (2 U.S.C. 441b(b)) is disbursements of $10,000 or more, that refers (i) by striking ‘‘or’’ at the end of clause (i); amended by striking ‘‘shall include’’ and in- to a clearly identified candidate, that a rea- (ii) by striking the period at the end of serting ‘‘includes a contribution or expendi- sonable person would understand as advo- clause (ii) and inserting ‘‘; or’’; and ture, as those terms are defined in section cating the election or defeat of a candidate, (iii) by adding at the end the following: 301, and also includes’’. that is made before the date that is 30 days ‘‘(iii) a payment made for a communica- (c) DEFINITION OF INDEPENDENT EXPENDI- before the date of a primary election, or 60 tion or anything of value that is for the pur- TURE.—Section 301 of the Federal Election days before the date of a general election, pose of influencing an election for Federal Campaign Act of 1971 (2 U.S.C. 431) is amend- and that is made for the purpose of advo- office and that is a payment made in coordi- ed by striking paragraph (17) and inserting cating the election or defeat of the can- nation with a candidate.’’; and the following: (B) by adding at the end the following: didate, as shown by 1 or more factors such as ‘‘(C) For the purposes of subparagraph ‘‘(17) INDEPENDENT EXPENDITURE.— a statement or action by the person making (A)(iii), the term ‘payment made in coordi- ‘‘(A) IN GENERAL.—The term ‘independent the communication, the targeting or place- nation with a candidate’ includes— expenditure’ means an expenditure that— ment of the communication, or the use by ‘‘(i) a payment made by a person in co- ‘‘(i) contains express advocacy; and the person making the communication of operation, consultation, or concert with, at ‘‘(ii) is made without the participation or polling, demographic, or other similar data the request or suggestion of, or pursuant to cooperation of, or without consultation with, relating to the candidate’s campaign or elec- any general or particular understanding with or without coordination with a candidate or tion. a candidate, the candidate’s authorized com- a candidate’s authorized committee or agent ‘‘(B) EXCLUSION.—The term ‘express advo- mittee, or an agent acting on behalf of a can- (within the meaning of section 301(8)(A)(iii)). cacy’ does not include the publication or dis- didate or authorized committee; ‘‘(B) EXCLUSION.—The term ‘independent tribution of a communication that is limited ‘‘(ii) a payment made by a person for the expenditure’ does not include an expenditure solely to providing information about the dissemination, distribution, or republica- or payment made in coordination with a can- voting record of elected officials on legisla- tion, in whole or in part, of any broadcast or didate (within the meaning of section tive matters and that a reasonable person any written, graphic, or other form of cam- 301(8)(A)(iii)).’’. would not understand as advocating the elec- paign material prepared by a candidate, a SEC. 406. EXPRESS ADVOCACY. tion or defeat of a particular candidate.’’. candidate’s authorized committee, or an (a) DEFINITION OF EXPENDITURE.—Section TITLE V—CONSTITUTIONALITY; agent of a candidate or authorized com- 301(9)(A) of the Federal Election Campaign EFFECTIVE DATE; REGULATIONS mittee (not including a communication de- Act of 1971 (2 U.S.C. 431(9)(A)) is amended— SEC. 501. SEVERABILITY. scribed in paragraph (9)(B)(i) or a commu- (1) by striking ‘‘and’’ at the end of clause nication that expressly advocates the can- (i); If any provision of this Act or amendment didate’s defeat); (2) by striking the period at the end of made by this Act, or the application of a pro- ‘‘(iii) a payment made based on informa- clause (ii) and inserting a semicolon; and vision or amendment to any person or cir- tion about a candidate’s plans, projects, or (3) by adding at the end the following: cumstance, is held to be unconstitutional, needs provided to the person making the ‘‘(iii) any payment during an election year the remainder of this Act and amendments payment by the candidate or the candidate’s (or in a nonelection year, during the period made by this Act, and the application of the agent who provides the information with a beginning on the date on which a vacancy for provisions and amendment to any person or view toward having the payment made; Federal office occurs and ending on the date circumstance, shall not be affected by the ‘‘(iv) a payment made by a person if, in the of the special election for that office) for a holding. same election cycle in which the payment is communication that is made through any SEC. 502. REVIEW OF CONSTITUTIONAL ISSUES. made, the person making the payment is broadcast medium, newspaper, magazine, An appeal may be taken directly to the Su- serving or has served as a member, em- billboard, direct mail, or similar type of gen- preme Court of the United States from any ployee, fundraiser, or agent of the can- eral public communication or political ad- final judgment, decree, or order issued by didate’s authorized committee in an execu- vertising by a national, State, district, or any court ruling on the constitutionality of tive or policymaking position; local committee of a political party, includ- any provision of this Act or amendment ‘‘(v) a payment made by a person if the ing a congressional campaign committee of a made by this Act. person making the payment has served in party, that refers to a clearly identified can- SEC. 503. EFFECTIVE DATE. any formal policy or advisory position with didate; and the candidate’s campaign or has participated ‘‘(iv) any payment for a communication Except as otherwise provided in this Act, in strategic or policymaking discussions that contains express advocacy.’’. this Act and the amendments made by this Act take effect on the date that is 60 days with the candidate’s campaign relating to (b) DEFINITION OF EXPRESS ADVOCACY.— the candidate’s pursuit of nomination for Section 301 of the Federal Election Cam- after the date of enactment of this Act. election, or election, to Federal office, in the paign Act of 1971 (2 U.S.C. 431) (as amended SEC. 504. REGULATIONS. same election cycle as the election cycle in by section 212(d)) is amended by adding at The Federal Election Commission shall which the payment is made; the end the following: prescribe any regulations required to carry ‘‘(vi) a payment made by a person if, in the ‘‘(20) EXPRESS ADVOCACY.— out this Act and the amendments made by same election cycle, the person making the ‘‘(A) IN GENERAL.—The term ‘express advo- this Act not later than 270 days after the ef- payment retains the professional services of cacy’ includes— fective date of this Act.∑

VerDate Mar 15 2010 22:20 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00087 Fmt 0624 Sfmt 0634 E:\1997SENATE\S22JA7.REC S22JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S666 CONGRESSIONAL RECORD — SENATE January 22, 1997 ORDER OF BUSINESS the school increases. When you get a cational Progress, or NAEP for short. The PRESIDING OFFICER. Is the high school of more than 900 students This is a chart that shows trends in Senator from New Mexico seeking the quality and level of student NAEP reading scores from 1971 through time? achievement goes down. So it is unfor- 1994. You don’t need to look at this Mr. BINGAMAN. Yes. Madam Presi- tunate that a majority of our students chart long before you notice that all of dent, I ask unanimous consent that I are in schools which our own experts these lines are not going up. These be allowed to speak for up to 15 min- tell us are too large. That is something lines are flat. That means that we es- utes as in morning business. we need to focus on nationally, and we sentially are seeing no significant im- The PRESIDING OFFICER. Without got a C-minus on school climate be- provement in reading scores by stu- objection, it is so ordered. cause of those facts I just cited. dents in this period from 1971 to 1994. Third, on ‘‘overall spending,’’ the Madam President, we are stuck on me- f States received a C-plus. The report diocre, or perhaps stuck on even worse MAKING EDUCATION A TOP found that most of the increases in than that. I think this is a cause for PRIORITY IN THE 105TH CONGRESS spending have gone toward rising en- concern. rollment and special education and sal- When I look at my own State and Mr. BINGAMAN. Madam President, I aries for an aging work force. And we read this report there are three areas was very pleased that at the end of the are not putting the resources into edu- in which New Mexico performs above last Congress, we finally did the right cation that we should be, considering the national average. We get an A for thing by education. We increased fund- the growth in the school population. standards, compared to the B that ing for education. It was a bipartisan Fourth, on ‘‘equity of funding’’, most States get. We get a B for overall effort. We got good support in the wan- which means the disparities between educational spending, versus the C that ing days of that Congress for improve- the rich school districts and the poor is given nationally by this report. And ments in education. school districts, the States got a B- we get a B-minus for classroom re- This time I believe we should not minus. This is a little better than we sources, versus a C-minus nationally. wait until the end of the Congress. I be- have done in some of the other areas, There are three other areas, however, lieve that education needs to be a top but the report finds that the quality of priority of this Congress beginning now in which my State of New Mexico per- the child’s education still depends too forms worse than the national average. and continuing on through the rest of greatly on skin color, on family in- the first session and, of course, the sec- First, the State’s test scores still are come, and on which school district near the bottom in this National As- ond session as well. they happen to reside in. For this reason, I think it is timely sessment of Educational Progress test The fifth indicator is the effective in almost all areas. Only 21 percent of that Education Week, which is perhaps ‘‘allocation of funds.’’ According to the the preeminent weekly publication the fourth graders in my State were report, classrooms still receive only 61 judged to be at the proficient level in dealing with education issues at the percent of total resources that go into national level, issued its report card on reading, and only 11 percent were our educational system. Too many of judged proficient in math. Also we re- the condition of public education in the those resources get stopped at the ad- 50 States just as this new Congress is ceived a C-minus for teaching quality, ministrative level. On average, there compared to a C nationally. And we re- beginning. are still over 35 students for each The report is entitled ‘‘Quality ceived a D-plus for school climate com- multimedia computer in our school pared to a C-minus nationally. Counts.’’ It is a very comprehensive, system. Thirty-three percent of dis- S. 12, the Democratic leadership edu- thorough look at the issue, and it goes tricts have at least one serious school cation bill, does address several of the through great detail in trying to assess construction need. So in that area of key issues that are raised by this re- how each State is doing in providing allocation of funds, the States received port. I think they are very important education to its young people. a C-minus. issues. Let me very briefly summarize I recommend this report to all of my The sixth area is ‘‘standards and as- what this bill is trying to do. colleagues and anybody who is watch- sessments.’’ There the States got a B ing. I think it does a good job. It fo- because the conclusion was that this is To address the low literacy rates cuses where we need to be focused. I the area perhaps where we are making that I described, S. 12 creates a pro- think it needs to be taken very seri- the most progress. However, in most gram to increase the efforts of over 1 ously by this Congress. States standards have not yet found million teachers, parents, and volun- In the area of quality of teaching, their way into the classrooms. Even if teers in literacy training. which I am sure we would all agree is tests were developed, we do not yet To lower financial barriers to col- essential to a strong education, this re- know how rigorous they are, and few lege, including tuition that rose over port finds that 40 percent of high States are ready to hold either the 100 percent over the last 10 years, S. 12 school teachers lack a college degree in schools or the students sufficiently ac- proposes a $1,500 tax credit and a $10,000 the subject area that they are teaching countable. deduction for students with a B aver- in. There are too many unlicensed The final indicator is ‘‘student age. teachers being used in our classrooms achievement,’’ which of course is the To help schools build and repair seri- today. Ongoing training is still not a bottom line, the ultimate goal of our ously deteriorating facilities, which 33 reality in most of our States. So the educational system. They did not give percent of all school districts report national grade that we received for a grade there. They said that in stu- having, S. 12, provides $5.75 billion in quality of teaching was a C, which I dent achievement our ‘‘results were bond interest subsidies. think all of us who have been through disappointing.’’ That was the phrase And finally, to help schools address the educational system know is not a which was used. The report finds that the fact that over 70 percent of the stellar performance. only 28 percent of fourth graders na- computer equipment available is out- A second finding is about ‘‘school cli- tionwide ranked as being proficient in dated and cannot provide adequate in- mate.’’ Here the findings were that reading, which is not an adequate level struction and there are roughly 35 stu- nearly half of elementary teachers of performance. Even the highest scor- dents for every modern computer, S. 12 have classes of 25 or more students. ing States in the Nation have fewer calls for $1.8 billion in funding for the More than half of high school teachers than half of their elementary students 1994 Technology for Education Act, see in excess of 80 students per day. Al- scoring proficient in reading and in which was funded at the level of $200 most 70 percent of students attend high math. million in the current fiscal year. schools of 900 or more. Madam President, let me put this in In conclusion, let me say that this The reason that this last statistic is some perspective. Many of us who try report needs to be looked at by a great important is that we have several stud- to follow education-related issues know many people here in the Congress and ies now that conclude that the quality that we have a national test that is elsewhere. It clearly reinforces other of education and the quality of student given around the country periodically findings and reports that have raised performance goes down as the size of called the National Assessment of Edu- these same issues in recent months.

VerDate Mar 15 2010 22:20 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00088 Fmt 0624 Sfmt 0634 E:\1997SENATE\S22JA7.REC S22JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 22, 1997 CONGRESSIONAL RECORD — SENATE S667 Second, it is clear that nothing has not prepared to deliver on its promise tection Agency shall issue standards changed since the end of the last Con- to take and safely dispose of our Na- for the protection of the public from gress, when we finally gave education tion’s nuclear waste by 1998. Hard- releases of radioactive materials from the attention it deserved and began to working Americans have paid for this a permanent nuclear waste repository. really do what should be done at the as part of their monthly electric bill. The Nuclear Regulatory Commission is national level to support education. We They simply have not gotten any re- required to base its licensing deter- need to keep that up, and maintain sults. mination on whether the repository that momentum in this new Congress. So a lawsuit was filed and the court can be operated in accordance with the I do believe we can renew our efforts to confirmed that there is, indeed, a legal Environmental Protection Agency’s ra- improve education, renew our efforts to obligation as well as a moral one. We diation protection standards. put resources where the people of this have reached a crossroads. The job of The National Environmental Policy country want them, and that is in the fixing this program and this injustice Act, or NEPA—the bill complies fully education of their children. There is ours. The time for fixing the pro- with NEPA by requiring two full envi- should be no letdown in the efforts of gram is now. ronmental impact statements, one in Congress in this regard. Today in this country, high-level nu- advance of operation of the temporary Mr. President, I look forward to the clear waste and highly radioactive used storage facility and one in advance of additional opportunities in the coming nuclear fuel is accumulating at over 80 repository licensing by the Nuclear weeks to focus on some of these issues, sites in 41 States, including waste Regulatory Commission. The bill pro- and I hope we can pursue this set of stored at the Department of Energy’s vides that, where Congress has statu- issues on a bipartisan basis and make weapon facilities. It is stored in popu- torily determined need, location, and real progress for the American people. lated areas near our neighbors, near size of the facilities, these issues need Mr. President, I yield the floor, and I our neighborhoods, near our schools, not be reconsidered. There is simply no suggest the absence of a quorum. on the shores of our lakes and rivers, in rationale for requiring that. The PRESIDING OFFICER (Mr. the backyards of constituents young Another concern is transportation COATS). The clerk will call the roll. and old across this land. Used nuclear routing. The bill provides that, in order Will the Senator withhold his re- fuel is being stored near the east and to ensure that spent nuclear fuel and quest? west coasts where most Americans high-level nuclear waste is transported Mr.ENZI. Mr. President, I ask unani- live, maybe in your town and near your safely, the Secretary of Energy will use mous consent for 5 minutes in morning neighborhood. Used fuel is being stored transportation routes that minimize, business. in pools that were not designated for to the maximum practical extent, The PRESIDING OFFICER. The Sen- long-term storage. transportation through populated and ator from Wyoming is recognized to Some of this fuel is already over 30 sensitive environmental areas. The lan- speak for 5 minutes. years old. Each year that goes by, our guage also requires that the Secretary Mr. ENZI. I thank the Chair. ability to continue storage of this used develop, in consultation with the Sec- (The remarks of Mr. ENZI pertaining fuel at each of these sites in a safe and retary of Transportation, a comprehen- to the introduction of S. 180 are located responsible way diminishes. It is irre- sive management plan that ensures the in today’s RECORD under ‘‘Statements sponsible to let this situation continue. safe transportation of these materials. on Introduced Bills and Joint Resolu- It is unsafe to let this dangerous radio- Under transportation requirements, tions.’’) active material continue to accumu- the bill contains language clarifying Mr. ENZI. I thank the Chair, and I late in more than 80 sites all across the transportation of spent fuel under this yield the floor. country, in 41 States. It is unwise to act shall be governed by the require- Mr. President, I suggest the absence block the safe storage of this used fuel ments imposed by all Federal, State of a quorum. in a remote area away from high popu- and local governments and Indian The PRESIDING OFFICER. The ab- lations. It is a national problem that tribes, to the same extent as any other sence of a quorum has been suggested. requires a coordinated national solu- person transporting hazardous mate- The clerk will call the roll. tion. rials in interstate commerce. The legislative clerk proceeded to Yesterday, on behalf of myself and 19 With regard to the interim storage call the roll. other cosponsors, I introduced the facility, in order to ensure that the size Mr. MURKOWSKI. Mr. President, I exact text of S. 1936 from the 104th and scope of the interim storage facil- ask unanimous consent that the order Congress as S. 104, the Nuclear Waste ity is manageable, yet adequate to ad- for the quorum call be rescinded. Policy Act of 1997. This legislation was dress the Nation’s immediate spent The PRESIDING OFFICER. Without passed by the Senate last summer by a fuel storage needs, the bill would limit objection, it is so ordered. vote of 63 to 37. It sets forth a program the size of phase I of the interim stor- Mr. MURKOWSKI. Mr. President, I that will allow the Department of En- age facility to 15,000 metric tons of ask unanimous consent that the order ergy to meet its obligations as soon as spent fuel and the size of phase II of for the quorum call be rescinded. humanly possible. the facility to 40,000 metric tons. Phase The PRESIDING OFFICER. Without S. 104 provides for an integrated sys- II of the facility would be expanded to objection, it is so ordered. tem to manage used fuel for commer- 60,000 metric tons if the Secretary fails The Senator from Alaska. cial nuclear powerplants and high-level to meet his projected goal with regard f radioactive waste from the Department to the licensing of the permanent de- of Energy’s nuclear weapons facilities. pository site. THE NUCLEAR WASTE POLICY ACT The integrated system includes con- With respect to the preemption of OF 1997 struction and operation of a temporary other laws, a provision of the bill Mr. MURKOWSKI. Mr. President, storage center, a safe transportation would provide that if any law does not last summer the U.S. Court of Appeals network to transfer these byproducts, conflict with the provisions of the Nu- issued a ruling that confirmed some- and continuing scientific studies at clear Waste Policy Act and the Atomic thing that many of us already under- Yucca Mountain, Nevada, to determine Energy Act, that law will govern. Fur- stood. The Federal Government has an if it is a suitable repository site. Dur- ther State and local laws are pre- obligation to provide a safe, central- ing the floor consideration of the bill empted only if those laws are incon- ized storage place for our Nation’s last year, we received many construc- sistent with or duplicative of the Nu- spent fuel and nuclear waste, beginning tive suggestions for improving that clear Waste Policy Act or the Atomic less than 1 year from today. bill. The final version passed by the Energy Act. The language is consistent This is a commitment that Congress Senate incorporated most of these with the preemption authority found in and the Department of Energy made 15 changes. the existing Hazardous Materials years ago. We have collected $12 billion The most important provisions of the Transportation Act. from the American ratepayers for this bill include: First, the role of the Envi- Finally, the bill contains bipartisan purpose. But, after spending some $6 ronmental Protection Agency. The bill language that was drafted to address billion, the Federal Government is still provides that the Environmental Pro- this administration’s objections to the

VerDate Mar 15 2010 22:20 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00089 Fmt 0624 Sfmt 0634 E:\1997SENATE\S22JA7.REC S22JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S668 CONGRESSIONAL RECORD — SENATE January 22, 1997 siting of an interim facility at the Ne- ligation to come up with an alter- No one can continue to pretend that vada test site before the viability as- native. The reality is, there have been there is an unlimited amount of time sessment of the Yucca Mountain per- a number of years to come up with to deal with this problem. The Federal manent repository site was available. those alternatives. Nobody has come Government has entered into a con- The language provides construction up with one. In the meantime, an in- tract with the ratepayers. They col- shall not begin on an interim storage dustry that generates nearly 22 percent lected the funds. Now they must act facility at Yucca Mountain before De- of the total energy produced in this and must act to ensure there is a safe, cember 31, 1998. The bill provides for country is finding its storage sites secure and responsible place to put the the delivery of an assessment of the vi- filled to the maximum. The industry radioactive waste, and it is an obliga- ability of the Yucca Mountain site to ability to store spent fuel at the reac- tion that we have committed to fulfill. tor sites is limited by the legal require- the President and Congress, by the Sec- The court did not address the issue of ments of the individual States, and retary, 6 months before construction remedies. The court was very clear some of the antinuclear groups see this can begin on the interim facility. that the Department of Energy has an as a way to terminate the nuclear in- If, based on the information before obligation to take spent nuclear fuel in dustry, as we know it in the United him, the President should determine in 1998, whether a repository is ready or his discretion that the Yucca Mountain States today. In my opinion, those who have this not. The reality is a repository cannot site is not suitable for development as be ready by that date. So I assume a repository, then the Secretary shall objective are irresponsible, because they fail to tell us how we are going to there are going to be a series of law- cease work on both the interim and suits filed against the Federal Govern- permanent repository programs at the generate the power that is currently provided by the nuclear industry in ment. That is another full employment Yucca Mountain site. The bill further act for the lawyers, Mr. President. provides if the President makes such a this country. Are we going to have But so far, the Department of Ener- determination, he shall in 18 months more power generated by burning coal? Is it going to be more oil production? Is gy’s only response to the court decision designate an interim storage site. If it going to be more hydroelectric pro- has been to send out a letter asking for the President should fail to designate a duction? suggestions on how it can meet its ob- site or if a site he has designated has There is a give-and-take associated ligation to take spent fuel in 1998. It is not been approved by the Congress with this, and as we address the issues clear that we all agree on the question. within 2 years of his determination, of global warming and greenhouse Now is the time for answers. the Secretary is instructed to con- gases, it must be recognized that the struct an interim storage facility at We have a clear and simple choice. nuclear industry makes a positive con- the Yucca Mountain site. We can choose to have one remote, safe tribution to energy generation in this This ensures the construction of an and secure temporary nuclear waste country, as those concerns are not interim storage facility will not occur storage facility, or through inaction, matters of significance relative to nu- before the President and Congress have through delay, we can face an uncer- clear power generation. had ample opportunity to review the tain judicial remedy which will almost Again, the reality is nobody wants certainly be costly, and which is un- technical assessments of the suit- nuclear waste in their State, but it has ability of the Yucca Mountain site for likely to actually move waste out of to go somewhere. I have the utmost re- America’s backyards. a permanent repository and to des- spect for my colleagues, my friends ignate an alternate site for interim from Nevada. We have talked about It is not morally right to shirk our storage. However, this provision will this issue at length, and we have a sim- responsibility to the environment and also ensure that ultimately an interim ple difference of opinion. But, again, the future of our children and grand- storage facility site will be chosen. although they criticize storing it in children. This is a situation we have Without this assurance, Mr. Presi- their State, at the area where we have created, and it is an obligation we dent, we leave open the possibility that tested nuclear weapons for some 50 must fulfill. We cannot wait until 1998 we will find in 1998, just a year away, years, they really don’t have a viable to decide where the Department of En- that we have, one, no interim storage; alternative either. ergy will store this nuclear waste. two, no permanent repository program; Some suggest we simply leave it We have received letters from 23 Gov- and three, after more than 15 years and where it is. Leave it at the sites in the ernors and attorneys general, including the expenditure of $6 billion, we are 41 States. Well, we can’t do that, Mr. Arizona, Arkansas, Delaware, Florida, back right where we started in 1982 President. Georgia, Illinois, Iowa, Kentucky, when we passed the first version of the There is other technology being de- Maryland, Massachusetts, Michigan, Nuclear Waste Policy Act. veloped by the French and Japanese Minnesota, Mississippi, New Mexico, During the debate that will unfold, that reprocesses nuclear waste, recov- North Carolina, Ohio, Oregon, Pennsyl- we will undoubtedly have our friends ers the plutonium, and reinjects it into vania, Rhode Island, South Carolina, from Nevada oppose the bill with all the reactors, and reduces the prolifera- Vermont, Virginia, and Wisconsin, spe- the arguments they can muster. That tion threat. That is not a policy that is cifically urging this Congress to pass, is understandable. They are merely supported by this administration. Nor and the President to sign, a bill that doing what Nevadans have requested is it a policy that is supported by the will provide for interim storage at the them to do. Department of Energy although some- Nevada test site. But the difficulty we have with this day, I am afraid, we are going to have Congress must speak now and provide issue, Mr. President, is nobody wants to look at that as a relief if we are un- the means to build one safe monitored, nuclear waste stored in their State. able to open a geologic repository for temporary storage facility at the Ne- But you can’t make it disappear. It has the spent fuel. vada test site, a unique site so remote to be stored somewhere. What better But in the meantime, this material is that the Government has used it to ex- site than the Nevada test site, the area piling up at various sites around the plode nuclear weapons for over 50 in the Nevada desert where we tested United States, and a temporary central years, or, if that is not sufficient, an- nuclear devices for nearly 50 years. repository that stores spent fuel on the other site designated by the President Has any better site been identified by surface, in special casks that are ap- and Congress. the scientists who have searched proved by the Nuclear Regulatory throughout the United States and even Commission, is the appropriate action The jury is in on this issue. The time areas outside the United States? The to be taken at this time. is now. The Nuclear Waste Policy Act answer is that there has not been any As U.S. Senators, we have an obliga- of 1997 is the answer, and I urge my col- better site suggested. tion to take a nationwide perspective leagues to join with me in cosponsoring So I implore those who criticize how on a problem. We must do what is best this legislation and support the pas- we propose to dispose of this obligation for the country as a whole, and this is sage of S. 104 in the 105th Congress. to consider that they, too, have an ob- certainly a case in point. Mr. President, I yield the floor.

VerDate Mar 15 2010 22:20 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00090 Fmt 0624 Sfmt 0634 E:\1997SENATE\S22JA7.REC S22JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 22, 1997 CONGRESSIONAL RECORD — SENATE S669 COMMENDING AND THANKING THE retary of State, I wanted to take this port, and new developing markets for HONORABLE WARREN CHRIS- opportunity to voice my strong support American commerce. TOPHER for the pending resolution that honors But, most of all, Warren Christopher Mr. MURKOWSKI. Mr. President, I the man whose shoes she will soon be brought a quiet dignity, grace, and ask unanimous consent that the Sen- filling—Warren Christopher. gentle demeanor to his role as Sec- ate proceed to the immediate consider- Over the past 4 years, Warren Chris- retary of State. ation of Senate Concurrent Resolution topher provided the steadying hand and At a time when public debate in our 4, submitted earlier today by Senators reservoir of experience that helped Nation is becoming coarser and more partisan, when style seems to take CONRAD, DORGAN, DODD, BIDEN, President Clinton successfully weave precedent over substance and when MOSELEY-BRAUN and DASCHLE. his way through the minefield of inter- The PRESIDING OFFICER. The national diplomacy. shrill voices garner more attention clerk will report. Through these efforts, he earned a re- than quiet deliberation, Warren Chris- The assistant legislative clerk read vered statute—as the elder statesman topher proved that you can still speak as follows: of the President’s Cabinet. softly, yet carry a big stick. A concurrent resolution (S. Con. Res. 4) In the more than 200-year history of A recent editorial in his hometown commending and thanking the Honorable our Republic, no Secretary of State Los Angeles Times by Tom Plate de- Warren Christopher for his exemplary serv- traveled more miles in the pursuit of scribes the traits that define Warren ice as Secretary of State. democracy, open markets, and the pro- Christopher best: The PRESIDING OFFICER. Is there motion of American international in- Extreme loyalty to friends and colleagues; objection to the immediate consider- terests than Warren Christopher. From a faith in the institutions of government and ation of the concurrent resolution? Beijing to Buenos Aires, Johannesburg the Constitution; respect for careerists in There being no objection, the Senate the State Department as well as on his per- to Jakarta, and Mali to Moscow, no sonal staff; discretion approaching square- proceeded to consider the concurrent journey was too far and no effort un- resolution. ness. worthy of his personal diplomacy. These are the attributes that in- Mr. CONRAD. Mr. President, I rise to In the Middle East, his diplomatic spired him through four Democratic pay tribute to a great American on the endeavors paved the way for the first administrations and years of public occasion of his retirement from Gov- steps toward reconciliation and co- service. What’s more, they are virtues ernment service, the Hon. Warren operation in the age-old conflict be- that every American should expect Christopher. tween Israelis and Palestinians. Anyone who has been reading the from their leaders. Generations from now, Bosnians, As he prepares to return to his be- headlines for the past 4 years is well fa- Serbs, and Croats will look back with miliar with Secretary Christopher’s loved California with his wife, Marie, fondness and appreciation at his tire- to spend more time with his children many accomplishments. Through nego- less efforts to bring the warring parties tiations on ending the war in Bosnia, and grandchildren, I join all my col- together at Dayton. In fact, at Dayton, leagues in wishing him the best. restoring elected government in Haiti, after the bags were packed and the par- and advancing the peace process in the What’s more, I urge all my colleagues ticipants had all but given up, it was to join me in supporting this resolution Middle East, Secretary Christopher has Warren Christopher who convinced all kept a steady, reliable hand on the ship honoring a man who in all his travels— sides that a peaceful resolution was the of state. His calm demeanor, good from the Great Plains of Scranton, ND, only true hope for the Balkans. humor, and sharp intelligence will be to the corridors of power in Foggy Bot- Under his watch, the Haitian people tom—never lost his sense of dignity, missed by all who knew him. America were able to finally cast off the evils of has benefitted from his able leadership, grace, and conviction to principle. dictatorship for the fruits of democ- and it is my hope that he will continue Mr. MURKOWSKI. Mr. President, I racy. The Korean Peninsula took its to be active in the affairs of our Nation ask unanimous consent that the con- first tentative steps toward limiting in his retirement. current resolution and preamble be Less widely known than Secretary the development of nuclear weapons agreed to, en bloc, and the motion to Christopher’s negotiating acumen is and curbing tensions in one of the cold reconsider be laid upon the table. the fact that he hails from my home war’s last hotspots. The PRESIDING OFFICER. Without State, the Great State of North Da- What’s more, over the past 4 years— objection, it is so ordered. kota. Born in Scranton, Secretary with the strong support of Warren The concurrent resolution (S. Con. Christopher has made proud a State Christopher and the Clinton adminis- Res. 4) was agreed to. which prides itself on hard work, quiet tration, democracy spread its wings The preamble was agreed to. strength, and doing the right thing. across every corner of the globe. The concurrent resolution, with its Secretary Christopher is one of my Today in Latin America every nation preamble, is as follows: State’s most distinguished natives but one is a full-fledged democracy. In S. CON. RES. 4 sons, and will always have a home in Russia, 70 years of totalitarian rule are Whereas Secretary Warren Christopher North Dakota. giving way to free elections and open served as Secretary of State from 1993 until In light of his many important markets. And in Africa, a region 1997, and maintained the tradition of that Of- fice by representing the international inter- achievements, today I am introducing scarred for so long by war, famine, and political instability, the seeds of de- ests of the United States with great dignity, a resolution which commends and grace, and ability; thanks Secretary Christopher for his mocracy are beginning to take root. Whereas Secretary Christopher, during his excellent service to the Nation. The However, for all the accomplishments tenure as Secretary of State, engaged in resolution highlights his ‘‘indefati- that Warren Christopher achieved over- more international travel than any other gable commitment to advancing peace seas, we must not forget the impact of Secretary of State in United States history, and justice, protecting and promoting his impressive contributions here at reflecting his indefatigable commitment to United States interests, and preserving home. Besides helping to make Amer- advancing peace and justice, protecting and promoting United States interests, and pre- United States leadership in inter- ica more secure and protecting our vital national interests, Warren Chris- serving United States leadership in inter- national affairs.’’ I trust that all of my national affairs; colleagues will agree that Secretary topher presided over a period of great Whereas Secretary Christopher has played Christopher deserves to be so honored, economic liberalization—a period that a key leadership role in United States for- and will support my resolution. brought greater prosperity and limit- eign policy achievements, including ending Mr. DODD. Mr. President, earlier less economic opportunity to millions the war in Bosnia, restoring an elected gov- today on the third day of the 105th of Americans. ernment in Haiti, and advancing peace in the Congress, we cast a historic ballot—on Secretary Christopher built on the Middle East; passage of NAFTA and GATT by work- Whereas Secretary Christopher served with behalf of the first woman to be con- distinction as Deputy Secretary of State firmed as Secretary of State in our Na- ing to create a framework for regional- from 1977 until 1981 and, among his accom- tion’s proud history. wide trading blocs in all of Latin plishments as Deputy Secretary, is credited But, as we prepare to usher in Mad- America and the Pacific rim. The re- with skillfully negotiating the release of eleine Albright as America’s new Sec- sult is increased opportunities for ex- American hostages in Iran;

VerDate Mar 15 2010 22:20 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00091 Fmt 0624 Sfmt 0634 E:\1997SENATE\S22JA7.REC S22JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S670 CONGRESSIONAL RECORD — SENATE January 22, 1997 Whereas Secretary Christopher has had a A resolution (S. Res. 22) relative to the may become available for consider- distinguished career in law and public serv- death of the Honorable Paul Tsongas, for- ation. ice in California; merly a Senator from the Commonwealth of Whereas Secretary Christopher, born in Massachusetts. f Scranton, North Dakota, is one of North Da- Mr. MURKOWSKI. Mr. President, I ADJOURNMENT UNTIL 11 A.M., kota’s most distinguished native sons and ask unanimous consent that the reso- has always displayed the quiet strength and THURSDAY, JANUARY 23, 1997 work ethic associated with the people of the lution be agreed to, and the motion to Great Plains; reconsider be laid upon the table. Mr. MURKOWSKI. If there is no fur- Whereas in 1997 Secretary Christopher The PRESIDING OFFICER. Without ther business, Mr. President, to come leaves his position as the 63d Secretary of objection, it is so ordered. before the Senate, I now ask unani- State; and The resolution (S. Res. 22) was agreed mous consent that the Senate stand in Whereas Secretary Christopher has earned to as follows: adjournment under the previous order the respect and admiration of Congress and S. RES. 22 in accordance with the provisions of the American people: Now, therefore, be it Senate Resolution 22. Resolved, That the Senate has heard with Resolved by the Senate (the House of Rep- There being no objection, the Senate, resentatives concurring), That Congress com- profound sorrow and deep regret the an- mends and thanks the Honorable Warren nouncement of the death of the Honorable at 5:30 p.m., adjourned until Thursday, Christopher for his exemplary diplomatic Paul Tsongas, formerly a Senator from the January 23, 1997, at 11 a.m. service, and for his skillful and indefatigable Commonwealth of Massachusetts. f efforts to advance peace and justice around Resolved, That the Secretary of the Senate the world. communicate these resolutions to the House NOMINATIONS of Representatives and transmit an enrolled f copy thereof to the family of the deceased. Executive nominations received by PROVIDING FOR A JOINT SESSION Resolved, That when the Senate adjourns the Senate January 22, 1997: today, it stand adjourned as a further mark OF CONGRESS IN THE MARINE CORPS of respect to the memory of the deceased Mr. MURKOWSKI. Mr. President, I Senator. THE FOLLOWING-NAMED OFFICER FOR APPOINTMENT ask unanimous consent that the Sen- IN THE U.S. MARINE CORPS TO THE GRADE INDICATED f WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND ate proceed to the consideration of RESPONSIBILITY UNDER TITLE 10, UNITED STATES CODE House Concurrent Resolution 9, which ORDERS FOR THURSDAY, SECTION 601: was received from the House. JANUARY 23, 1997 To be lieutenant general The PRESIDING OFFICER. The LT. GEN. JAMES L. JONES, 0000. Mr. MURKOWSKI. Mr. President, I clerk will report. IN THE NAVY The assistant legislative clerk read ask unanimous consent that when the Senate completes its business today it THE FOLLOWING-NAMED OFFICER FOR APPOINTMENT as follows: TO THE GRADE INDICATED IN THE RESERVE OF THE stand in adjournment until the hour of NAVY UNDER TITLE 10, UNITED STATES CODE SECTION A concurrent resolution (H. Con. Res. 9) 11 o’clock, Thursday, January 23, fur- 12203: providing for a joint session of Congress to To be captain receive a message from the President on the ther, that immediately following the state of the Union. prayer, the Journal of proceedings be LARRY L. BLAKESLEY, 0000. The PRESIDING OFFICER. Is there deemed approved to date, no resolu- HARRY S TRUMAN SCHOLARSHIP FOUNDATION objection to the immediate consider- tions come over under the rule, the call SUSAN BASS LEVIN, OF NEW JERSEY, TO BE A MEMBER of the calendar be dispensed with, the OF THE BOARD OF TRUSTEES OF THE HARRY S. TRUMAN ation of the concurrent resolution? SCHOLARSHIP FOUNDATION FOR A TERM EXPIRING DE- There being no objection, the Senate morning hour be deemed to have ex- CEMBER 10, 1999, VICE RICHARD C. HACKETT. proceeded to consider the concurrent pired, and the time for the two leaders IN THE ARMY be reserved for their use later in the resolution. THE FOLLOWING-NAMED OFFICER FOR APPOINTMENT Mr. MURKOWSKI. Mr. President, I day, and there then be a period for the IN THE U.S. ARMY TO THE GRADE INDICATED UNDER transaction of morning business with TITLE 10, UNITED STATES CODE SECTION 624: ask unanimous consent that the reso- To be major general lution be deemed agreed to and the mo- each Senator allowed to speak for up to tion to reconsider be laid upon the 10 minutes each. BRIG. GEN. GREGORY A. ROUNTREE, 0000. table. The PRESIDING OFFICER. Without IN THE MARINE CORPS The PRESIDING OFFICER. Without objection, it is so ordered. THE FOLLOWING-NAMED OFFICER FOR APPOINTMENT IN THE U.S. MARINE CORPS TO THE GRADE INDICATED objection, it is so ordered. f WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND The concurrent resolution (H. Con. RESPONSIBILITY UNDER TITLE 10, UNITED STATES CODE PROGRAM SECTION 601: Res. 9) was agreed to. To be lieutenant general f Mr. MURKOWSKI. Mr. President, for the information of all Senators, the MAJ. GEN. MARTIN R. STEELE, 0000. RELATIVE TO THE DEATH OF THE Senate will be in session tomorrow for f HONORABLE PAUL TSONGAS morning business to allow Members to Mr. MURKOWSKI. Mr. President, I introduce legislation and make state- CONFIRMATIONS ask unanimous consent that the Sen- ments. No rollcall votes will occur dur- Executive Nominations Confirmed by ate proceed to the immediate consider- ing Thursday’s session of the Senate. the Senate January 22, 1997: ation of Senate Resolution 22, which is When the Senate completes its busi- DEPARTMENT OF STATE at the desk and was introduced earlier ness on Thursday, it will stand in ad- MADELEINE KORBEL ALBRIGHT, OF THE DISTRICT OF today by the majority leader and the journment until Monday, January 27, COLUMBIA, TO BE SECRETARY OF STATE. Democratic leader. for a pro forma session only. No busi- DEPARTMENT OF DEFENSE The PRESIDING OFFICER. Without ness will be transacted on Monday, and WILLIAM S. COHEN, OF MAINE, TO BE SECRETARY OF objection, it is so ordered. The clerk the Senate will then adjourn until DEFENSE. will report. Tuesday. The majority leader has an- THE ABOVE NOMINATIONS WERE APPROVED SUBJECT The assistant legislative clerk read nounced that rollcall votes are possible TO THE NOMINEE’S COMMITMENT TO RESPOND TO RE- QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY as follows: on Tuesday on any nominations that CONSTITUTED COMMITTEE OF THE SENATE.

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SENATE COMMITTEE MEETINGS MEETINGS SCHEDULED Commerce, Science, and Transportation To hold hearings on the nomination of Title IV of Senate Resolution 4, JANUARY 28 Rodney E. Slater, of Arkansas, to be Secretary of Transportation. agreed to by the Senate on February 4, 9:30 a.m. 1977, calls for establishment of a sys- Environment and Public Works SR–253 tem for a computerized schedule of all To hold an organizational meeting. Labor and Human Resources To hold hearings on proposed legislation meetings and hearings of Senate com- SD–406 Rules and Administration authorizing funds for programs of the mittees, subcommittees, joint commit- To hold hearings on the nomination of Individuals with Disabilities Education tees, and committees of conference. Alan M. Hantman, of New Jersey, to be Act (IDEA). This title requires all such committees Architect of the Capitol. SD–430 to notify the Office of the Senate Daily SR–301 10:00 a.m. Digest—designated by the Rules Com- JANUARY 30 Budget 10:00 a.m. mittee—of the time, place, and purpose To hold hearings on the Congressional Budget Budget Office economic and budget of the meetings, when scheduled, and To hold hearings on the consumer price outlook. any cancellations or changes in the index. meetings as they occur. SD–608 10:15 a.m. SD–608 As an additional procedure along Rules and Administration Judiciary Business meeting, to consider pending with the computerization of this infor- Business meeting, to consider the nomi- nation of Alan M. Hantman, of New committee business. mation, the Office of the Senate Daily Jersey, to be Architect of the Capitol. SD–226 Digest will prepare this information for SR–301 printing in the Extensions of Remarks FEBRUARY 12 section of the CONGRESSIONAL RECORD JANUARY 29 9:30 a.m. on Monday and Wednesday of each 9:30 a.m. Environment and Public Works week. Small Business To hold hearings on the ozone and partic- To hold an organizational meeting. ulate matter standards proposed by the Meetings scheduled for Thursday, SR–428A Environmental Protection Agency. January 23, 1997, may be found in the 10:00 a.m. SD–406 Budget Daily Digest of today’s RECORD. To hold hearings on proposals for long- term Social Security reform. SD–608

∑ 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. Wednesday, January 22, 1997 Daily Digest

HIGHLIGHTS Senate confirmed the nominations of Madeleine K. Albright to be Sec- retary of State and William S. Cohen to be Secretary of Defense. Senate Paul Tsongas, formerly a Senator from the Common- Chamber Action wealth of Massachusetts. Page S670 Routine Proceedings, pages S579–S670 Nominations Confirmed: Senate confirmed the fol- Measures Introduced: Twenty one bills and five lowing nominations: resolutions were introduced, as follows: S. 179–199, By unanimous vote of 99 yeas (Vote No. 1 EX), S.J. Res. 10, S. Con. Res. 4, and S. Res. 20–22. Madeleine Korbel Albright, of the District of Co- Pages S633±34 lumbia, to be Secretary of State. Measures Reported: Reports were made as follows: Pages S590±S617, S670 S. Res. 20, authorizing expenditures by the Com- By unanimous vote of 99 yeas (Vote No. 2 EX), mittee on Agriculture, Nutrition and Forestry. William S. Cohen, of Maine, to be Secretary of De- Special Report on Committee Activities of the Se- fense. Pages S619±27, S670 lect Committee on Intelligence January 4, 1995 to Nominations Received: Senate received the follow- October 3, 1996. (S. Rept. No. 105–1) ing nominations: Special Report of the Joint Economic Committee Susan Bass Levin, of New Jersey, to be a Member Congress of the United States of the 1996 Economic of the Board of Trustees of the Harry S Truman Report of the President. (S. Rept. No. 105–2) Scholarship Foundation for a term expiring Decem- Page S633 ber 10, 1999. Measures Passed: 1 Army nomination in the rank of general. Directing Senate Legal Counsel: Senate agreed to 2 Marine Corps nominations in the rank of gen- S. Res. 21, to direct the Senate Legal Counsel to ap- eral. pear as amicus curiae in the name of the Senate in A routine list in the Navy. Page S670 Sen. Robert C. Byrd, et al. v Franklin D. Raines, et al. Messages From the House: Page S633 Pages S617±19 Executive Reports of Committees: Page S633 Commending Warren Christopher: Senate agreed Statements on Introduced Bills: Pages S634±52 to S. Con. Res. 4, commending and thanking the Honorable Warren Christopher for his exemplary Additional Cosponsors: Page S652 service as Secretary of State. Pages S669±70 Authority for Committees: Page S653 State of the Union Address: Senate agreed to H. Additional Statements: Pages S653±65 Con. Res. 9, providing for a joint session of Congress Record Votes: Two record votes were taken today. to receive a message from the President on the state (Total–2) Pages S617, S627 of the Union. Page S670 Adjournment: Senate convened at 10 a.m. and ad- Death of Former Senator Tsongas: Senate agreed journed at 5:30 p.m., until 11 a.m., on Thursday, to S. Res. 22, relative to the death of the Honorable

D41 D42 CONGRESSIONAL RECORD — DAILY DIGEST January 22, 1997 January 23, 1997. (For Senate’s program, see the re- Housing and Urban Development, testified and an- marks of the Acting Majority Leader in today’s swered questions in his own behalf. Record on page S670.) ORGANIZATIONAL MEETING Committee on Commerce, Science, and Transportation: Committee Meetings Committee ordered favorably reported an original resolution requesting $3,448,034 for operating ex- (Committees not listed did not meet) penses for the period from March 1, 1997 through February 28, 1998, and $3,539,227 for operating ex- ORGANIZATIONAL MEETING penses for the period from March 1, 1998 through Committee on Agriculture, Nutrition, and Forestry: Com- February 28, 1999. mittee ordered favorably reported an original resolu- Also, committee adopted its rules of procedure for tion (S. Res. 20) requesting $1,747,544 for operat- the 105th Congress, and approved subcommittee ing expenses for the period from March 1, 1997 chairmen and the creation of the following new sub- through February 28, 1998, and $1,792,747 for op- committee: Subcommittee on Manufacturing and erating expenses for the period from March 1, 1998 Competitiveness. through February 28, 1999. NOMINATION Also, committee adopted its rules of procedure for the 105th Congress, and announced the following Committee on Commerce, Science, and Transportation: subcommittee assignments: Committee concluded hearings on the nomination of Subcommittee on Production and Price Competitiveness: William M. Daley, of Illinois, to be Secretary of Senators Cochran (Chairman), Roberts, Helms, Commerce, after the nominee, who was introduced Grassley, Gramm, Kerrey, Daschle, Johnson, and by Senators Moseley-Braun and Durbin and Rep- Landrieu. resentative Hyde, testified and answered questions in Subcommittee on Marketing, Inspection, and Product his own behalf. Testimony was also received from Promotion: Senators Coverdell (Chairman), Helms, Donald Rumsfeld, Chicago, Illinois. Cochran, McConnell, Baucus, Kerrey, Landrieu. BALANCED BUDGET AMENDMENT Subcommittee on Forestry, Conservation, and Rural Re- Committee on the Judiciary: Committee concluded vitalization: Senators Santorum (Chairman), Grassley, hearings on S.J. Res. 1, proposing an amendment to Coverdell, Roberts, Craig, Conrad, Leahy, Daschle, the Constitution of the United States to require a and Baucus. balanced budget, after receiving testimony from Sen- Subcommittee on Research, Nutrition, and General Leg- ators Craig, Lautenberg, Graham, Conrad, Bryan, islation: Senators McConnell (Chairman), Gramm, and Dorgan; former Senator Paul Simon; Stuart M. Craig, Santorum, Leahy, Conrad, and Johnson. Gerson, former Assistant and Acting Attorney Gen- NOMINATION eral, Department of Justice; David R. Malpass, Bear, Stearns Company, Inc., New York, New York; Alan Committee on Armed Services: Committee ordered favor- B. Morrison, Public Citizen, Washington, D.C.; and ably reported the nomination of William S. Cohen, Eugene Lehrmann, American Association of Retired of Maine, to be Secretary of Defense. Persons, Madison, Wisconsin. Prior to this action, committee concluded hearings on the nomination of Mr. Cohen, after the nominee, ORGANIZATIONAL MEETING who was introduced by Senators McCain, Snowe, and Committee on Labor and Human Resources: Committee Collins, testified and answered questions in his own ordered favorably reported an original resolution re- behalf. questing $4,113,888 for operating expenses for the period from March 1, 1997 through February 28, NOMINATION 1998, and $4,223,533 for the period from March 1, Committee on Banking, Housing, and Urban Affairs: 1998 through February 28, 1999. Committee concluded hearings on the nomination of Also, committee adopted its rules of procedure for Andrew M. Cuomo, of New York, to be Secretary of the 105th Congress, and announced the following Housing and Urban Development, after the nomi- subcommittee assignments: nee, who was introduced by Senators D’Amato and Subcommittee on Children and Families: Senators Moynihan and Henry G. Cisneros, Secretary of Coats (Chairman), Gregg, Frist, Hutchinson, Collins, January 22, 1997 CONGRESSIONAL RECORD — DAILY DIGEST D43 McConnell, Jeffords, Dodd, Bingaman, Wellstone, Collins, Kennedy, Harkin, Mikulski, Bingaman, and Murray, Reed, and Kennedy. Reed. Subcommittee on Aging: Senators Gregg (Chairman), Subcommittee on Employment and Training: Senators Hutchinson, Warner, Jeffords, Mikulski, Murray, DeWine (Chairman), Jeffords, Enzi, Warner, McCon- and Kennedy. nell, Wellstone, Kennedy, Dodd, and Harkin. Subcommittee on Public Health and Safety: Senators Frist (Chairman), Jeffords, Coats, DeWine, Enzi, h House of Representatives COMMITTEE MEETINGS FOR THURSDAY, Chamber Action JANUARY 23, 1997 The House was not in session today. The House (Committee meetings are open unless otherwise indicated) will next meet on Tuesday, February 4, 1997. Senate Committee on Appropriations, Subcommittee on Labor, Committee Meetings Health and Human Services, and Education, to hold hear- ings on improving language skills to increase education TERM LIMITS—MEMBERS OF CONGRESS achievement, focusing on ebonics and related issues, 9:30 a.m., SH–216. Committee on the Judiciary: Subcommittee on the Con- Committee on the Budget, to hold hearings on Medicare stitution held a hearing regarding limiting terms of reform proposals, 10 a.m., SD–608. office for Members of the U.S. Senate and the U.S. Committee on the Judiciary, business meeting, to consider House of Representatives. Testimony was heard from pending committee business, 10 a.m., SD–226. Senator Thompson; Representatives McCollum, Din- NOTICE gell, Fowler, and Barton of Texas; and public wit- nesses. For a Listing of Senate Committee Meetings scheduled ahead, see page E113 in today’s Record. House No Committee meetings are scheduled. D44 CONGRESSIONAL RECORD — DAILY DIGEST January 22, 1997

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 11 a.m., Thursday, January 23, 1997 12:30 p.m., Tuesday, February 4

Senate Chamber House Chamber Program for Thursday: Senate will consider routine Program for Tuesday, February 4: The House will morning business. meet in Joint Session with the Senate to receive the Presi- dent’s State of the Union Address.

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