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

Vol. 144 WASHINGTON, THURSDAY, FEBRUARY 5, 1998 No. 7 House of Representatives The House met at 10 a.m. and was Pursuant to clause 1, rule I, the Jour- I hope the President gets the mes- called to order by the Speaker pro tem- nal stands approved. sage. pore (Mrs. EMERSON). f f f PLEDGE OF ALLEGIANCE CONGRATULATIONS TO THE DEN- DESIGNATION OF THE SPEAKER The SPEAKER pro tempore. Will the VER BRONCOS: SUPERBOWL PRO TEMPORE gentleman from Washington (Mr. CHAMPIONS The SPEAKER pro tempore laid be- WHITE) come forward and lead the (Mr. JOHNSON of Wisconsin asked fore the House the following commu- House in the Pledge of Allegiance. and was given permission to address nication from the Speaker: Mr. WHITE led the Pledge of Alle- the House for 1 minute and to revise WASHINGTON, DC, giance as follows: February 5, 1998. and extend his remarks.) I pledge allegiance to the Flag of the I hereby designate the Honorable JO ANN Mr. JOHNSON of Wisconsin. Madam United States of America, and to the Repub- EMERSON to act a Speaker pro tempore on Speaker, I rise today to pay tribute to lic for which it stands, one nation under God, this day. indivisible, with liberty and justice for all. the winners of Superbowl XXXII, the NEWT GINGRICH, World Champions of football, the Den- f Speaker of the House of Representatives. ver Broncos. f ANNOUNCEMENT BY THE SPEAKER I expected to be here discussing how PRAYER PRO TEMPORE the Lombardi Trophy would once again be making its home in Titletown. Reverend Douglas Tanner, Faith and The SPEAKER pro tempore. The That aside, let me say that this Politics Institute, Washington, D.C., Chair will now entertain five 1-minutes year’s Superbowl left no football fan offered the following prayer: from each side. disappointed. It was a nail-biter of a Almighty God, who created, sustains f game that was decided with only 32 and redeems us: THE DEVIL IS IN THE DETAILS seconds left on the clock, leaving those We come before You on a rainy, of us from northeast Wisconsin windy morning in this capital city, and (Mr. DELAY asked and was given per- scratching our collective cheeseheads pray that You would send a rain that mission to address the House for 1 wondering what went wrong. cleanses our souls and a wind that en- minute and to revise and extend his re- So today, I give my best version of livens our spirits. marks.) the mile-high salute to John Elway, to This month we recall our history as a Mr. DELAY. Madam Speaker, as Terrell Davis, and to the entire Bronco Nation through the lives of George usual with this administration, the team. Congratulations on a well-earned Washington and Abraham Lincoln and devil is in the details. The President’s victory. I guess those of us in Green the distinctively rich contributions of budget, carefully constructed by poll- Bay will only have to console ourselves Black Americans. Grant us the grace sters, is a hodgepodge of nice-sounding with three Superbowl trophies, and to see it honestly, to receive who we government programs. In fact, it ex- congratulate Denver on this moment of are, and to embrace who You are call- pands government spending by close to glory. ing us to become. $100 billion. Let me also say to the people of Den- We dare to believe that is one Nation, Now, there are two ways to pay for ver that they are extremely fortunate under You, indivisible, with liberty and this additional Washington spending. to have a Congresswoman who fights as justice for all. Give Members of this One is to increase taxes, and the other hard for her constituents as do the House, we pray, the understanding to is to spend any surplus. Broncos, the gentlewoman from Colo- walk, the wisdom to lead, and the cour- Madam Speaker, my constituents rado (Ms. DEGETTE), a lifetime Bronco age to legislate in such a direction. have two messages for the President: fan and, like her team, a champion. Amen. Do not increase taxes and do not spend f the surplus. f The American people do not want THE JOURNAL more government programs; they want ELECTRONIC CAMPAIGN The SPEAKER pro tempore. The more efficient government programs. DISCLOSURE ACT Chair has examined the Journal of the They do not want more taxes; they (Mr. WHITE asked and was given per- last day’s proceedings and announces want lower taxes; and they do not want mission to address the House for 1 to the House her approval thereof. us to spend the surplus. minute.)

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

H337 H338 CONGRESSIONAL RECORD — HOUSE February 5, 1998 Mr. WHITE. Madam Speaker, in CONGRESS SHOULD MOVE CAU- racy out of our children’s classrooms. March we are going to vote on cam- TIOUSLY ON RESOLUTION RE- Unfortunately, the administration is paign finance reform in this House. It GARDING IRAQ now trying to reverse our progress and is a very important issue but also a (Mr. PAUL asked and was given per- to put Federal bureaucrats back in very difficult issue, and it is made par- mission to address the House for 1 local classrooms by implementing a ticularly difficult because most of the minute.) national testing program that Congress bills before us are big bills that deal Mr. PAUL. Madam Speaker, in 1964, a has already once clearly rejected. I have said it before, and I will say it with the whole comprehensive issue resolution passed this Congress which again: National testing is not in the that we have to talk about. urged the President to take all nec- I have got one of those bills, and I best interest of this country. essary measures to repel any armed at- hope that we can pass one. But just in The key to providing America’s chil- tack against the forces of the United case we cannot, today I am introducing dren with the best possible education is States and to prevent further aggres- what we might call a small bill that to put control in the hands of the par- sion, the Gulf of Tonkin resolution. will deal at least with some of the ents, teachers and communities, not in problems. This bill is called the Elec- Today there is a resolution floating the hands of Federal bureaucrats who tronic Campaign Disclosure Act, and around this Congress that urges the are hundreds and even thousands of what it does is tell the Federal Elec- President to take all necessary and ap- miles away. tions Commission to get into the 21st propriate actions to respond to the For the sake of our children, I hope century. threat posed by Iraq. We should re- those of us who believe in parents and It directs the FEC to establish a member history. We lost 50,000 men teachers, instead of bureaucrats, will database on-line to search over the after we passed that last resolution. We pass H.R. 2846 to prohibit Federal test- Internet for all the information needed do not have a sensible policy with Iraq. ing, without the authorization of Con- about campaign finances in our coun- We should move cautiously. gress. try. Every campaign would have to file Madam Speaker, I would also urge f within 10 days a report of every con- other Members to be cautious when CONGRESS MUST WORK TO PRE- tribution that it receives and contribu- they talk about a surgical strike and SERVE AND STRENGTHEN AMER- tors, and PACs would also have to file. assassination. Assassination of foreign Madam Speaker, sometimes we can- leaders is still illegal under our law. ICA’S PUBLIC SCHOOLS not do it all in one step. The longest I urge my fellow colleagues, please, (Ms. DELAURO asked and was given journey begins with a single step, and I be cautious, be careful, and be wise permission to address the House for 1 think if we cannot pass a big bill a when it comes to giving this President minute and to revise and extend her re- small bill like the one I am introducing the right to wage war. Ironically, this marks.) today would be a step in the right di- President did not respond in the same Ms. DELAURO. Madam Speaker, in rection. manner with the Gulf of Tonkin resolu- last week’s State of the Union, Presi- f tion. dent Clinton challenged this body to f pass legislation to improve America’s HOME HEALTH CARE BENEFITS public schools. Democrats are eager to MUST BE RESTORED FOR MEDI- ACCESS TO THE WHITE HOUSE BY get to work, reducing class size, repair- CARE RECIPIENTS COMMUNIST CHINESE IS DAN- ing crumbling schools, putting comput- (Mr. WISE asked and was given per- GEROUS ers in every classroom. mission to address the House for 1 (Mr. TRAFICANT asked and was But my Republican colleagues on the minute.) given permission to address the House other side of the aisle are saying no. Mr. WISE. Madam Speaker, today is for 1 minute and to revise and extend They bring unnecessary legislation February 5, the day that up to 3,000 el- his remarks.) today that would block national tests derly and homebound West Virginians Mr. TRAFICANT. Madam Speaker, to ensure that every American child have dreaded. After today, Medicare while everybody in Washington is talk- meets higher standards in math and in will no longer pay for skilled nurses to ing about a fly on our face, an elephant reading, that would make schools and perform venipuncture, that is drawing may be eating our assets. teachers more accountable. blood, as a sole reason for a home Charlie Trie was indicted for illegal It is our public schools that have health visit. campaign contributions. The indict- made this Nation strong and have put For the 98-year-old woman living ment reads: Charlie Trie helped to pur- the American dream within the reach alone on a Randolph County mountain, of all of our children. We should be no nurse will be visiting once a month. chase access to high-level government officials with illegal contributions working to ensure accountability, An 88-year-old woman who cannot get quality, and discipline in our schools, into the bathtub by herself loses both from foreign sources. Foreign sources. Chinese communists. not passing legislation that would pre- her monthly nurse’s visit but also the vent teachers from using the tools that home health aide who bathes her twice Think about it. Charlie Trie was not soliciting money from the Rotary. they need to teach our kids. a week. Republicans do not believe that our Charlie Trie was soliciting money from I do not believe this change was in- country and our Federal Government communist China. tended as part of the very large Medi- should have a role in education. They Beam me up. care changes that were passed last are wrong. I call on my colleagues to And while everybody may be talking year. But, in rural areas, many senior work with us to preserve and to about access to the White House by citizens who are homebound and strengthen America’s public schools. sexy interns and how sensational that bedbound cannot be expected to drive f 25 miles to a doctor’s office. is, access to the White House by com- Think of the costs. People going munist China is dangerous. CONGRESS CONTROLS NATIONAL without regular medical monitoring at Madam Speaker, I yield back the bal- PURSE STRINGS home will go without the services until ance of any nationality sovereignty we (Mr. CHABOT asked and was given they are so sick that they show up at have left. permission to address the House for 1 the emergency room and are hospital- f minute.) ized, the most expensive kind of care Mr. CHABOT. Madam Speaker, as both for them and for society. NATIONAL TESTING IS NOT IN Congress considers budget legislation Madam Speaker, this Congress must THE BEST INTEREST OF AMERICA this year, it might be helpful to recall act to help these people. I have cospon- (Mr. JONES asked and was given per- a few things about our constitutional sored the bill offered by the gentleman mission to address the House for 1 system. from West Virginia (Mr. RAHALL) to re- minute.) Congress controls the purse strings, store reimbursements. It is a frighten- Mr. JONES. Madam Speaker, last not the President. And for the tax- ing day for many homebound senior year, this Congress made great strides payers, it is a good thing the Repub- citizens today. Congress must act. toward keeping the Federal bureauc- licans control Congress, because we all February 5, 1998 CONGRESSIONAL RECORD — HOUSE H339 know what happened to spending and hibit spending Federal education funds on corded votes and reduce to 5 minutes to the deficit over the past 40 years, national testing without explicit and specific the voting time on any postponed ques- the 40 years when liberal Democrats legislation. The first reading of the bill shall tion. These provisions will facilitate controlled the Congress. be dispensed with. General debate shall be consideration of amendments. House confined to the bill and shall not exceed one Resolution 348 also provides for one Consider the 1980s when President hour equally divided and controlled by the Reagan was President. The Democrats chairman and ranking minority member of motion to recommit with or without controlled Congress and spent more the Committee on Education and the Work- instructions. than Reagan asked for 7 out of 8 of force. After general debate the bill shall be Madam Speaker, this is a straight- those years, and then turned around considered for amendment under the five- forward open rule for a straightforward and blamed President Reagan for the minute rule. It shall be in order to consider bill that ensures that there will be no deficits. as an original bill for the purpose of amend- Federal education testing in the future Think of it. Democrats in Congress ment under the five-minute rule the amend- without specific and explicit statutory ment in the nature of a substitute rec- authority. This is not the end of the refused to control spending, adding ommended by the Committee on Education more and more big government pro- debate on national testing. But simply and the Workforce now printed in the bill. a reassertion of the fact that any Fed- grams each and every year, and then The committee amendment in the nature of blamed President Reagan for the defi- a substitute shall be considered as read. Dur- eral testing measure must go through cits. ing consideration of the bill for amendment, the proper committee process of the Well, now Republicans control Con- the Chairman of the Committee of the Whole United States Congress first. I have been asked a number of times, gress by a slim margin and the ‘‘big may accord priority in recognition on the what is so wrong about national test- spender’’ is down in the White House. basis of whether the Member offering an amendment has caused it to be printed in the ing for America’s children? This is a le- We must reject his proposals to spend portion of the Congressional Record des- gitimate question. I want to explain any projected surpluses and instead let ignated for that purpose in clause 6 of rule why we are so concerned about this na- us pay down the national debt and let XXIII. Amendments so printed shall be con- tionalized planning concept. First, ac- us cut taxes. sidered as read. The Chairman of the Com- cording to the chairman of the com- f mittee of the Whole may: (1) postpone until a time during further consideration in the mittee and Senator ASHCROFT, the Fed- SCHOOL VOUCHERS ARE A DROP Committee of the Whole a request for a re- eral Government’s record in Federal- IN THE OCEAN OF EDUCATIONAL corded vote on any amendment; and (2) re- ized testing is substandard to be gener- NEED duce to five minutes the minimum time for ous. In addition I am most fearful that electronic voting on any postponed question a national testing standard would lead (Mr. GREEN asked and was given that follows another electronic vote without us down a slippery slope toward a na- permission to address the House for 1 intervening business, provided that the mini- tional curriculum most certainly de- minute and to revise and extend his re- mum time for electronic voting on the first signed by some bureaucrat here in marks.) in any series of questions shall be fifteen Washington. I dread the one-size-fits- minutes. At the conclusion of consideration Mr. GREEN. Madam Speaker, Amer- all education approach contrived by ica has a commitment to public edu- of the bill for amendment the Committee shall rise and report the bill to the House someone who does not know the first cation, an education which is a require- with such amendments as may have been thing about the citizens of Georgia. ment for our country to be competitive adopted. Any Member may demand a sepa- This idea also gets to the heart of in this world. Public education needs rate vote in the House on any amendment what we believe. We are committed to to be available to all Americans. It is adopted in the Committee of the Whole to providing more freedom and less gov- not designed to educate just a few the bill or to the committee amendment in ernment for the American people. Edu- Americans. We want to educate every- the nature of a substitute. The previous cation decisions belong with local one. question shall be considered as ordered on school districts and families and teach- We should not take scarce public edu- the bill and amendments thereto to final passage without intervening motion except ers in their communities. We cannot cation funds and use it to support pri- one motion to recommit with or without in- support additional multimillion-dollar vate institutions that only educate a structions. testing mechanisms that waste money few. Vouchers are the solution of my The SPEAKER pro tempore (Mrs. and strip local control of education. Republican colleagues to help edu- As Republicans prepare an education EMERSON). The gentleman from Geor- cation, but it is but a drop in the ocean agenda which returns decisionmaking gia (Mr. LINDER) is recognized for 1 of need. to parents and teachers, gives school hour. Education opportunity, smaller class districts more flexibility, gives chil- Mr. LINDER. Madam Speaker, for sizes, more qualified teachers are what dren more opportunity, I grow increas- the purposes of debate only, I yield the America’s youth need. Safer schools. ingly frustrated as the President moves customary 30 minutes to the gen- We debate national tests today and in the opposite direction toward a more tleman from Texas (Mr. FROST), pend- vouchers. We are not seeing the forest bloated Washington education bureauc- ing which I yield myself such time as I for the trees. racy. We passed legislation forcing 90 may consume. During consideration of Let us deal with public education percent of education spending to be this resolution, all time yielded is for with more qualified teachers, safer spent in the classroom. Now in the the purpose of debate only. schools, and make sure we educate ev- President’s budget, he has decided to Madam Speaker, House Resolution eryone and not just a few. increase the Education Department’s 348 is a completely open rule providing f bloated administrative budget and add for consideration of H.R. 2846, a bill $143 million in programs that would PROHIBITION ON FEDERALLY that will prohibit Federal testing un- never send a dime to the classroom. SPONSORED NATIONAL TESTING less specific and explicit statutory au- Madam Speaker, we heard arguments thority is given. H. Res. 348 provides Mr. LINDER. Madam Speaker, by di- in the Committee on Rules that consid- for 1 hour of general debate divided rection of the Committee on Rules, I eration of this legislation is premature equally between the chairman and call up House Resolution 348 and ask and unnecessary. On the contrary, with ranking minority member of the Com- for its immediate consideration. only about 86 legislative days in this mittee on Education and the Work- session of Congress, Chairman Good- b 1015 force. The rule makes in order the ling deserves praise for moving this im- The Clerk read the resolution, as fol- Committee on Education and the portant legislation through the normal lows: Workforce amendment in the nature of authorizing process ahead of the appro- a substitute as an original bill for the H. RES. 348 priations process. This bill deals very purpose of amendment which shall be specifically with the issue of Federal Resolved, That at any time after the adop- considered as read. This rule also ac- tion of this resolution the Speaker may, pur- testing, and there is no better time for suant to clause 1(b) of rule XXIII, declare the cords priority in recognition to Mem- this House to begin consideration of House resolved into the Committee of the bers who have preprinted their amend- this matter than today. Whole House on the state of the Union for ments in the Congressional RECORD and H.R. 2846 was favorably reported out consideration of the bill (H.R. 2846) to pro- allows the chairman to postpone re- of the Committee on Education and the H340 CONGRESSIONAL RECORD — HOUSE February 5, 1998 Workforce as was this open rule by the erest without the tools or the training both the gentleman from Texas and I Committee on Rules. I urge my col- to reach the summit, close quote. agree that reading is important, he leagues to support the rule so that we Governor Bush has advocated holding thinks we should spend the money dis- may proceed with general debate and back third-graders who cannot pass a covering they cannot; we should spend consideration of the merits of this very reading test and requiring that chil- the money teaching them to read. important bill. dren pass reading and math tests in the This is an open rule. This rule does Madam Speaker, I reserve the bal- fifth grade and reading and writing and not prohibit any amendments from ance of my time. math tests in the eighth grade. If the coming to the floor to amend this bill. Mr. FROST. Madam Speaker, I yield Republican Governor of Texas can ad- If the gentleman would like to bring myself such time as I may consume. vocate such testing and in fact recog- amendments to the floor that are sim- The Republican majority seems un- nizes the necessity to determine if our ply not germane, that is their problem, able to offer a positive, forward work- kids are meeting educational bench- not the problem with this rule. ing agenda for the people of this great marks, why are my Republican col- Madam Speaker, I yield 2 minutes to Nation. Instead my Republican col- leagues here in Congress so opposed to the gentleman from Pennsylvania (Mr. leagues seem to have chosen the re- conducting a study and perhaps con- GOODLING), chairman of the committee. frain of the 1980s, just say no, to apply ducting field tests based on the results Mr. GOODLING. Madam Speaker, I to any and all proposals of the current of those studies? want to correct one or two statements administration. And indeed my Repub- Madam Speaker, let me quote Gov- that were made in the gentleman’s lican colleagues seem to want to ignore ernor Bush one more time. As he said time from the other side. First of all, the fact that they struck a deal just to the Texas Education Association this legislation has nothing to do what- last fall with the same administration last week, ‘‘Some say tests should not soever with anything that the National on the issue of national testing of matter, but I say our children are not Academy of Science is doing. We are fourth- and eighth-grade school- with us long before they have to face the people who ask the National Acad- children. the real world. And in the real world emy of Science to look at existing tests Madam Speaker, my Republican col- tests are a reality.’’ and see whether existing tests as a leagues seek to enact a permanent ban Madam Speaker, our children deserve matter of fact can be used for whatever on the expenditure of Department of the very best. The Congress has a purpose it is they want to use them. Education funds for any work on the moral obligation to ensure that the We expect to use that when they development of such testing beyond the education they receive will prepare present that to us as we go ahead and preliminary work agreed to last fall. them for the very real world to which reauthorize NAEPS. That is the time Without waiting for the results of stud- Governor Bush referred. This bill is a for the discussion; that is the time for ies which are being conducted by the bargain-buster and is short-sighted and the debate. That is the time for the highly respected National Academy of could, for all we know, shortchange our amendments, when we are involved in Sciences, the Republicans want to just children. this whole business of testing from the say no to the entire issue of national Madam Speaker, while the resolution national level. testing in reading and mathematics. before us in fact is an open rule, it does We as a matter of fact have made it This bill flies in the face of a carefully not allow amendments which would very clear that as we review all of the crafted compromise and undoes an permit the House to consider matters testing procedures, and keep in mind agreement that was hard fought and that would give our children access to we spend $30 million every year for hard won. the kind of public education we know NAEPS and NAGB, every year we Madam Speaker, I do not want to they need and deserve. spend that amount of money, but we prejudice the outcome of the studies The gentleman from Missouri (Mr. will review what they are doing, we that are now under way, studies that CLAY), the full committee ranking will review all of the testimony that were agreed to by the full Congress just member, and the gentleman from Cali- we get, and then we will make a deter- 3 short months ago. By doing so, fornia (Mr. MARTINEZ), ranking mem- mination about this. Madam Speaker, I believe the Congress ber of the subcommittee, oppose this What this legislation does is give us would be undermining the role of the bill and yesterday requested that the the right that we have to make the de- independent and bipartisan National Committee on Rules make their alter- termination of whether or not we want Assessment Governing Board whose native proposals in order. Those pro- to move ahead with a national test. In role it is to oversee and assess the posals which were rejected by the Re- other words, the President has always studies conducted by the NAS. In fact, publican majority would offer the proposed, whomever that President is Madam Speaker, the agreement House the opportunity to support a proposes, we dispose. That is our con- reached last fall specifically calls for major school construction and renova- stitutional right; not only our right, these, for those findings to be incor- tion program as well as an initiative to that is our responsibility. All this leg- porated into reauthorization legisla- assist in the implementation of locally islation says is what the gentleman tion for the testing program which will developed public school renewal plans. from Wisconsin (Mr. OBEY) said last be considered this fall. Therefore, I Those are the issues we should be ad- fall, that we, when we authorize, will must oppose both this rule and the bill dressing today, Madam Speaker. It is make that determination and that because they break a deal this Con- the intention of the Democratic side to they do not go ahead until as a matter gress agreed to. seek to offer those proposals by amend- of fact we go through the authorizing Madam Speaker, we all want the best ing this rule, and accordingly it is my process. for our children and for all the children intention to ask for the defeat of the Now, Governor Bush is saying the in this great Nation. I suggest that previous question. same thing that 40 some other Gov- jumping to conclusions before the re- Madam Speaker, I would like to sug- ernors have said. They have moved so sults have been tabulated is not doing gest that this proposal does not do far ahead of us when it comes to up- the best for our kids. Why is it that my much for America’s children. We would grading standards, they are so far Republican colleagues are so opposed do much better by them by ensuring ahead of us when it comes to determin- to the concept of testing children to that their schools are safe inhabitable ing assessments based on those stand- determine if a child is keeping up with and that the programs we offer them ards, they are so far ahead of us in try- his grade level? The Republican Gov- will prepare them for life in the new ing to put the horse before the cart. We ernor of my own State, George W. century. We cannot do that by just say- are trying to do it the other way and Bush, has publicly advocated the neces- ing no. Instead we must look for new trying to better prepare teachers. sity of testing children for reading and answers. I urge defeat of the previous b math. He rightly says, and I quote, a question. 1030 child who can cannot read cannot Madam Speaker, I reserve the bal- That is what he is talking about. learn, and to send our children through ance of my time. That is what all those governors are the system without teaching them to Mr. LINDER. Madam Speaker, I yield talking about. And basically what they read is like sending them to Mount Ev- myself 30 seconds to respond that while are saying to us is what I said to the February 5, 1998 CONGRESSIONAL RECORD — HOUSE H341 President. We are going to fool around confused in his State of the Union ad- of them and what they are teaching and we are going to dumb down what dress. He said, ‘‘Thanks to the actions that lead to the scores of their stu- these governors and their legislative of this Congress last year, we will soon dents. Yet if we publish these scores, bodies are doing to improve standards have, for the first time, a voluntary na- particularly if it is a national standard and the ability to assess those stand- tional test based on national standards seen as some kind of litmus test for ards. in 4th grade reading and 8th grade every teacher in America, those teach- What I have said so many times, is math.’’ ers are going to be very reluctant to go we do not fatten cattle by constantly Did I miss something? The truth is in the schools where we need them weighing them. We should not tell 50 we proactively opposed these testing most. This is a death warrant, a death percent of our children and their par- standards; 300 Members of Congress. We certificate potentially on the schools ents one more time that they are doing allowed very limited development as that we most need our best teachers. poorly. They want to know what it is part of the compromise but, in fact, Now, lastly, do we really want a test we are going to do to help them do bet- this has been taken that they are going under the control of Congress? It is ter. to go ahead when that is the opposite laughable to think that we are going to Mr. FROST. Madam Speaker, I yield message that we sent, which is why we improve our educational standards in myself 30 seconds. are here this morning. America by having a national test sub- It is very interesting, my Republican The idea that we had a compromise ject to politicians, whether it is the governor often disagrees with the far that somehow is going to move na- President of the United States or Mem- right Republicans in the House of Rep- tional tests means anybody did not bers of Congress. resentatives. I suppose this will go on read the details of the language. The The truth is when history standards from time to time. fact is the specifics in that language were developed Congress, House and Madam Speaker, I yield 2 minutes to are self-contradictory. It is dead as a Senate, overturned those history the gentleman from Missouri (Mr. doornail. We cannot satisfy both the standards, I believe lousy history CLAY). minority concerns and those who want standards. We have math standards Mr. CLAY. Madam Speaker, I thank to measure. being floated that are both insulting the gentleman for yielding me this We have restrictions in there that and simplistic and stupid. Now, if those time. the tests cannot be biased. Quite frank- math standards go ahead, we are going Madam Speaker, during yesterday’s ly, that has been lodged against every to overturn those math standards. Committee on Rules consideration the test, and if that is the criteria these I happen to be a creationist, many gentleman from California (Mr. MAR- tests cannot go ahead. We have restric- people are evolutionists. Do we really TINEZ) and myself offered two amend- tions in there that it cannot be used want to have that debate on science ments that addressed urgent public for promotion. If it cannot be used for here in Congress as to these kind of education priorities. One amendment promotion and those type of things, tests? The idea that we will have an calls for a $5 billion investment to help what value is the test to the others? independent board at a national level local communities repair crumbling There are self-contradictory things that we are authorizing and we are not and overcrowded schools. The other in one section and another in the re- going to have control over things that would provide critical assistance to strictions we put on to kill it. It was a are contradictory is silly. I think it is communities that are committed to lo- face-saving compromise. It was not a a devastating analysis in the end to cally driven public school renewal. Un- compromise to move ahead on national put politicians in Washington in front fortunately, the majority of the Com- testing. of what is in the best interest of edu- mittee on Rules blocked consideration Now, why do so many people oppose cating students at the local level. of these education measures by refus- it? Conservatives oppose it, minorities Mr. FROST. Madam Speaker, I yield ing to waive points of order against the oppose it, teachers oppose it. And here 2 minutes to the gentlewoman from amendments. is why. Conservatives oppose it because Connecticut (Ms. DELAURO). To me it is incomprehensible that we parents and local school boards believe Ms. DELAURO. Madam Speaker, continue to ignore the needs of mil- they should make these decisions. Democrats are ready to address the lions of schoolchildren desperately in We want standards in our schools, we problems facing our public schools: To need of our help. It is also incompre- want standards on our teachers, but we reduce class size, repair crumbling hensible to me that with all of the do not want them in Washington. We buildings and put computers in the problems that we are facing and our do not want a national curriculum de- classroom. We are prepared to go to school systems are facing that this veloped in Washington. It scares us to work to raise standards and prepare silly piece of legislation would be the think that Congress and the President our children for the challenges ahead. first one to come out of the Committee are going to control the curriculum. Unfortunately, my Republican col- on Economic and Educational Opportu- Furthermore, this affects home leagues are not addressing the real nities in this session of Congress. It has schoolers. It affects private schools. issues facing our schools. Instead, they nothing to do, it has no relevancy Because if we want to move our kids bring unnecessary legislation that whatsoever with resolving or address- back into the public schools, all of a blocks voluntary national tests, an im- ing the problems that our children are sudden we have to be teaching to the portant tool which can be used to en- facing in the school system, and I urge tests they are taking in the public sure that every child can read, write my colleagues to defeat the previous schools, which they will do, as the and do basic math. question so we may address the Na- chairman pointed out, teach to test. Parents across the country share my tion’s real educational priorities. Minorities are justifiably concerned belief that these are very minimum Mr. LINDER. Madam Speaker, I yield because it can be skewed against them, standards to which our students, our 4 minutes to the gentleman from Indi- one, depending on the content of the schools, our teachers must be held ac- ana (Mr. SOUDER). test but, secondly, how it is used and countable. Parents want higher stand- Mr. SOUDER. Madam Speaker, na- how it makes inner city schools stack ards. They want their children to suc- tional testing is opposed by the far up against suburban schools or mar- ceed. Parents deserve an objective, re- right. It is opposed by the far right but ginal schools. And parents then move liable measure of how their children not just the far right. That is quite the around districts and businesses locate are doing in school and how well their definition. Apparently, the conspiracy by that. That is something state and schools are preparing their children. is America has now gotten to be now local people need to work through, not Parents and indeed all of us taxpayers 350 Members of Congress. Two-thirds of the Federal Government biasing people deserve to know that our local schools America and two-thirds of the Rep- against local schools. are meeting our national expectations. resentatives in Congress voted against My daughter is in college right now Madam Speaker, this issue was re- this. studying to be an elementary Ed teach- solved last year during the appropria- I hope that this resolution puts to er. A lot of the reasons teachers oppose tions process. The bipartisan agree- rest this whole idea of national testing. this is they know there are a lot of rea- ment calls for test development to go The President seemed to have gotten sons other than what is right in front forward and for the National Academy H342 CONGRESSIONAL RECORD — HOUSE February 5, 1998 of Science to study what type of test The money and the effort involved in closed the barn door in order to make might work best for all of our kids. conducting another test could better be sure no horse gets out at all, not even Republicans in this Congress, as their used to improve our educational sys- one that would give us the knowledge nominee for President last fall articu- tem and help students achieve aca- we need to determine whether or not lated, do not believe that our country demic excellence. we need to proceed with those tests. and the Federal Government should Now let me ask that we vote for the So I for one would ask all my Demo- have a role in education. That is why previous question and the rule. cratic colleagues to remain strong and they are backing out of the agreement. Mr. FROST. Madam Speaker, I yield stiff and resist this bill. This bill has The American people do want to have 2 minutes to the gentleman from Cali- been passed once already. There was a higher standards that they want their fornia (Mr. MARTINEZ). compromise in the conference and, as a children to be able to meet in fact so (Mr. MARTINEZ asked and was given result, all sides are proceeding accord- that they can succeed in life and to permission to revise and extend his re- ing to that conference agreement, and have the opportunities as early as pos- marks.) I think we ought to abide by it. sible. We should vote against this legis- Mr. MARTINEZ. Madam Speaker, I This resolution will allow H.R. 2846, a bill to lation that works against our young am going to ask all of our Democratic ban national testing, to come to the floor people. We need to make education colleagues to vote against the rule and under an open rule. However, this rule, while work for all children in this country. vote against the previous question, be- being deemed ``open,'' will not allow us to Mr. LINDER. Madam Speaker, I yield cause I really believe we are wasting have a substantive discussion on the edu- myself such time as I may consume to our time here. cation issues of great concern to the American point out it is not us backing out of the The gentleman from Missouri (Mr. peopleÐschool construction and renewal of agreement, it is the President and the CLAY), the ranking member on the our neighborhood public schools. Secretary of Education backing out of committee, and I went to the Commit- Members who are listening to this debate the agreement. tee on Rules yesterday and offered two may question why I am asking for consider- Madam Speaker, I yield 3 minutes to amendments that would really do ation of such initiatives as a part of our discus- the gentleman from North Carolina something for the children in our sion on this legislation since it is solely di- (Mr. BALLENGER). schools across this Nation. They were rected towards testing. I want to point out to Mr. BALLENGER. Madam Speaker, I rejected as nongermane. I guess that is the body that our committee and this House want to thank the gentleman for yield- the prerogative of the majority in the has had little opportunity to debate the real ing me this time. I rise in support of Committee on Rules, but let me say pressing educational needs of our country. In- H.R. 2846, a bill prohibiting any new why I believe we are wasting our time stead of considering measures to respond to Federal testing without specific con- here. our crumbling schools and efforts by our local gressional authority. I supported the bill of the gentleman communities to raise academic achievement, Let me first say that we do not need from Pennsylvania (Mr. GOODLING) this House has considered legislation to au- another achievement test for our Na- when it came before us the last time, thorize vouchers and block grants. These Re- tion’s students. Let me name a few of and that bill ended up in the labor HHS publican-sponsored efforts are aimed at pro- the tests we already have in existence. appropriations and was sent to con- ducing good sound bites for the 6 o'clock The Stanford Achievement Test, the ference. And during that conference news rather than producing good public policy. Iowa Test of Basic Skills, the Com- there was a great controversy over Ladies and gentlemen, these are not the an- prehensive Test of Basic Skills, the Na- whether that should remain in the bill, swers America is looking for from its leaders. tional Assessment of Educational and the President, of course, wanting Yesterday, during Rules Committee consid- Progress, known as NAEPS, and the national testing, stood stiff and strong eration of H.R. 2846, my good friend BILL Third International Math and Science on it. CLAY and I asked that two separate amend- Study, known as TIMMS. Again, these A compromise was made. An agree- ments, dealing with local public school re- are just a few of tests currently used to ment was made. And in that agreement newal and school construction, be made in assess student performance. there was offered three studies which order under the rule. Because these amend- So let us focus now for a moment on we were going to have the benefit of be- ments are not particularly directed toward na- TIMMS. It is the largest study of edu- fore we made any decisions on this tional testing, it was deemed that their consid- cational achievement undertaken so side. But it was agreed that no money eration today was unnecessary. far. There are 45 countries participat- would be expended for field tests or de- I believe that if you ask the American peo- ing. Five grades are assessed in two ploying the test. In the act itself it rec- ple today whether we should be engaged in school subjects, and approximately one ommends, as it was agreed to by both partisan wrangling over national testing or million students tested in 31 languages. sides, it recommends that NAGB, who considering real measures to advance our Through this study we already know has exclusively rights to develop the children's educational opportunity, their sup- how students in this country are per- test, would do certain things by certain port would be for the latter. I urge Members to forming in math and science, so why do dates. And that is all NAGB is doing. defeat the previous question so we can have we need another math test? I understand the concern of the gen- a real substantive debate on the educational In July of 1997 the results of the tleman from Pennsylvania (Mr. GOOD- needs of our Nation. TIMMS 4th grade math and science LING) is that they are moving ahead too Mr. LINDER. Madam Speaker, I yield test were announced and we found out quickly and that this may become a re- 3 minutes to the gentleman from South that American students scored about ality, contrary to his wishes. As I said Carolina (Mr. GRAHAM). average in both math and science when before, the gentleman from Missouri Mr. GRAHAM. Madam Speaker, I compared with other countries. How- (Mr. CLAY) and myself supported the thank the gentleman for yielding me ever, we found that students in six gentleman from Pennsylvania, and we this time. countries, Singapore, Korea, Japan, did so because we had some questions Why are we doing this bill? That is a Netherlands, Czech Republic, Austria about whether this expenditure of mon- good question. A lot of what the gen- and Hong Kong did better than the U.S. ies was the wisest or not. tleman from California (Mr. MARTINEZ) students in math in the 4th grade. The fact is we still have that ques- said I agree with, about the substance Also in November of 1996, the TIMMS tion, but we were just as pleased that of the bill. The reason I think we are report showed that United States 8th in the agreement there was a chance to having to do the legislation now is be- graders were performing slightly above provide studies to prove to us one way cause the President and the adminis- average in science but slightly below or the other whether they were needed tration has not taken the results of our average in math. or not or whether they would do any agreement seriously and there is a con- Madam Speaker, the point is that we good or not. I think we should stick by stant state of spin. Everything has to already know how American students that agreement. be spun. are stacking up in these subjects and I do not think that the administra- The truth cannot be announced that there is no need to spend more money tion is the reneging on the agreement. when he sent a bill over here to create on another test aimed at the same stu- I think we are now, when we try to another national test, 295 Members of dents, as proposed by the President. push forward this bill in order to nail the House said no, not a good idea, Mr. February 5, 1998 CONGRESSIONAL RECORD — HOUSE H343 President, for a variety of reasons. Two (Mr. GREEN asked and was given 300 Members of Congress, and I was one hundred ninety-five Members of the permission to revise and extend his re- of them. I do not mind a voluntary na- House is a veto-proof vote. marks.) tional test that says, okay, State of Why were we so upset with this pro- Mr. GREEN. Madam Speaker, by Texas, you have lots of tests. But this posal and why did we support the Good- ‘‘this guy,’’ I think my colleague is re- is what we would like to do. See if we ling amendment that stopped it in its ferring to the President of the United can correlate those tests. Let us do it. tracks? There is a lot of reasons. If one States. Is that correct? So I would hope But it is voluntary. is in a minority community, an inner that after yesterday, when we named That is what that agreement called city, where parents have a hard time that airport for a former president, it for, and that is what I hope the Depart- getting their kids into a quality is obvious that he will continue to re- ment of Education is working for. This school, and we do a national test, those spect the current president that was bill is a make-work legislation. It does kids are going to do a lot worse on the elected in 1992 and reelected in 1996, in- nothing to make education more effec- test than somebody here in the suburbs stead of just referring to him as ‘‘this tive or better. of Washington. We already know that. guy.’’ Mr. LINDER. Madam Speaker, I yield We do not need to stigmatize those Like a lot of my colleagues, Madam another 1 minute to the gentleman kids any more. Speaker, I am not particularly thrilled from Pennsylvania (Mr. GOODLING), the chairman of the committee. b 1045 about a national test. We have lots of State tests and everything else. But Mr. GOODLING. Madam Speaker, I It is $100 million. That bothers some this bill is so premature I think it is was just amused that we ought to of us, that we are going to spend $100 ludicrous. spend more time fixing public edu- million to develop yet another national The number one concern of America’s cation. test on the top of the ones that we people is improving our Nation’s First of all, in many areas of the have. So we said no overwhelmingly to schools. Americans are concerned country it ain’t broke; and they prefer the President. But every time he got to about school children being required to that we do not try to fix it. And, in speak, the spending would reflect that attend classes that are overcrowded, other areas, we spent 35 years trying to he just could not get his way on this school facilities that are falling down, fix it; and we messed it up royally. So issue. schools that are not being held to ac- I think we better be careful about how I thought the agreement was a good much knowledge and how much one- countable results. And yet, what do we agreement, the slowdown, stop, no field size-fits-all from Washington goes in get? The first bill out on education is testing, no pilot programs. We have relationship to improving academic done nothing in this legislation to prej- to prohibit a national test. I do not want a national test. The achievement of our students. udice the studies, to look at the exist- We will have a lot of discussions on first bill we ought to do is say, okay, ing tests we have so we can get some how we do that in the committee. We how can we fix the public schools in- useful information out of it. This bill will have suggestions. We will have stead of stopping the national test? In- does not prejudice those studies that ideas. We will have legislation. All we this House and the President agreed stead of bringing bills forward that ad- are trying to do at the present time is on. dress these critical concerns, we are say, there is a procedure. The proce- The President said in the State of the seeing this bill today. dure says that the Congress of the Nothing can happen on a national Union, ‘‘Thanks to the actions of this United States determines the direction Congress last year, we will soon have test until this Congress approves it, we should be going. Only the President for the first time a voluntary national whether it be reauthorization or can suggest and recommend. All we are test based on national standards in whether it be some other agreement. asking is give us what is our right and fourth grade reading and eighth grade This bill is a waste of our time. We our responsibility, and that is to deter- math.’’ ought to be spending more time talk- mine how this test should be put to- That is not true. That is not what we ing about fixing public education in- gether. If this test should be enacted at agreed to. On the website for the De- stead of this bill and talking about all, the Congress makes that decision. partment of Education, they are adver- vouchers that supposedly are going to Mr. FROST. Madam Speaker, I yield tising the implementation of a na- save everything. This bill is completely 1 minute to the gentleman from Mis- tional test that Congress said, whoa, unnecessary, and it is an attack on our souri (Mr. CLAY), the ranking member stop, slow down, no go. We are not bipartisan agreement last year. of the committee. going to give you the money. This is Why are my Republican colleagues Mr. CLAY. Madam Speaker, I thank about keeping your word. wasting this time in the House? One of the gentleman for yielding. We need a legion of lawyers, appar- the reasons is that they do not have I just want to refute the statement ently, to do a deal with this other anything else to do. But the answer is that is continually made on the other crowd down the street. And that is very that the Republicans, my colleagues, side that the Democrats are violating a disturbing to me. I understand that do not really have a pro-education bipartisan agreement. Madam Speaker, many of my colleagues that voted for agenda. They do not really want to fix the only agreement that we have was us are going to vote against it because overcrowding. They do not want to put that in the appropriations bill passed they feel like they have to support the more qualified teachers in the schools. last fall. President. They do not want to fix it to make sure The appropriations bill agreement The truth of the fact is that this that the schools are safe. They do not made two points. One, it made the Na- agreement that we all worked so hard want to work with the States and the tional Assessment Governing Board re- to get, a lot of hours spent by the gen- local communities to make sure edu- sponsible for development and adminis- tleman from Pennsylvania (Mr. GOOD- cation is a national concern and a na- tration of the test; and, two, it gave LING) and others, handshakes were had; tional issue. the National Academy of Science the and it is in the law now not to imple- But it is really local folks in the obligation to conduct a series of stud- ment a national test that Congress said school districts in our States who do ies that would help to inform future de- is okay is being violated by the Depart- most of the work. But we need to be liberations by this Congress. ment of Education. And every time the the ones that say, hey, let us help. If this bill passes, it will undermine President speaks, he is denying that Prohibiting a national test is, again, the NAGB’s role and prejudice the find- agreement. a waste of time. Many educational re- ing of the National Academy of That is what this bill is about, and forms, such as reducing the class size, Science. The bill that we passed only that is why we are having the vote 2 building safer schools, training more prohibited the use of 1998 fiscal year weeks into that Congress to put us teachers are much more important funds to field tests to administer or im- back on track, and we do need a legion than some straw person that we are plement any national test. Fiscal year of lawyers to do a deal with this guy. throwing up here, ‘‘We are going to 1998 ends September 30th of this year. Mr. FROST. Madam Speaker, I yield fight a national test.’’ So this bill would preclude any testing. 2 minutes to the gentleman from Texas Again, there is not a demand for a We are not in violation of the agree- (Mr. GREEN). national test. Last year, we had almost ment; they are. H344 CONGRESSIONAL RECORD — HOUSE February 5, 1998 Mr. LINDER. Madam Speaker, I am to terminate that contract at any PREVIOUS QUESTION FOR RULE ON H.R. 2846 TO not sure we are going to settle that time, at any time upon the authority PROHIBIT SPENDING FEDERAL EDUCATION violation question here today. But I of Congress or on Congress deciding FUNDS ON NATIONAL TESTING yield 11⁄2 minutes to the gentleman whether or not they should proceed. TEXT: from Texas (Mr. PAUL) to try. This is doing it without the benefit of At the end of the resolution add the follow- Mr. PAUL. I thank the gentleman for the three studies that was also in- ing new section: yielding. cluded in that agreement to give us a ‘‘Sec. 2. One amendment offered by Rep- Madam Speaker, I rise in support of chance to really look at the merits of resentative Clay of Missouri and one amend- ment offered by Representative Martinez of this rule; and I support H.R. 2846, which national testing. forbids the use of Federal funds to de- California each shall be considered as read, Mr. LINDER. Madam Speaker, I yield shall be debatable for 60 minutes equally di- velop or implement a national test 1 minute to the gentleman from Ari- vided and controlled by the proponent and an without explicit authorization from zona, Mr. SHADEGG. opponent, and shall not be subject to a de- Congress. Mr. SHADEGG. Madam Speaker, I mand for a division of the question in the Supporters of protecting the United thank the gentleman for yielding time House or in the Committee of the Whole. All States Constitution from overreaching to me. points of order against an amendment of- by the executive branch should support fered under this section are waived. With all due respect to my colleague this bill. The administration’s plan to The majority argues that our attempt to de- on the other side, I am afraid he does develop and implement a national test- feat the previous question is futile because our not read carefully the agreement which ing program without Congressional au- proposed amendment is not germane. The occurred last year. The legislation thorization is a blatant violation of the fact of the matter is that the chair has not which addressed this issue was an ap- constitutional doctrine of separation of made a ruling nor heard our arguments as to propriations bill. It cannot authorize. powers. the germaneness of our amendment. The only Appropriations acts cannot do that. However, support of this bill should way to make that determination is to allow us in no way be interpreted to imply that In the appropriation bill, it said spe- to offer the amendment by defeating the pre- Congress has the power to authorize cifically, no funds in this legislation vious question. national testing. Education is not one may be used to implement or field test This vote, the vote on whether to order the of the powers delegated to the Federal a national test. But I think listening to previous question on a special rule, is not Government. the debate, it is clear that we are miss- merely a procedural vote. As the 9th and 10th amendment ing some issues here. A vote against ordering the previous ques- makes clear, the Federal Government Some of us believe strongly in edu- tion is a vote against the Republican majority can only act in those areas where there cation but strongly oppose a national agenda and a vote to allow the opposition, at is an explicit delegation of power. test. Let me tell my colleagues why. least for the moment, to offer an alternative Therefore, the Federal Government has Because if they go across America, as I plan. no legitimate authority to legislate in have done and others have done on the It is a vote about what the House should be this area of education. Rather, all mat- Committee on Education and the debating. ters concerning education, including Workforce, they discover that schools The vote on the previous question on a rule testing, remain with those best able to work where parents and teachers get does have substantive policy implications. It is educate children: individual States, involved, where they have possession of one of the only available tools for those who local communities and, primarily, par- the curriculum, not where the curricu- oppose the Republican majority's agenda to ents. lum is dictated by a national test. offer an alternative plan. I therefore urge my colleagues to But, for purposes of this debate, that I ask unanimous consent to insert material vote for H.R. 2846 which stops the ad- is not even the issue. We can indeed, in the RECORD at this point. ministration from ultimately imple- with the passage of this legislation, de- menting national tests and oppose all THE VOTE ON THE PREVIOUS QUESTION: WHAT bate whether or not a national test dic- IT REALLY MEANS legislation authorizing the creation of tated from Washington is a good idea. This vote, the vote on whether to order the a national test. Instead, this Congress This bill lets the Congress do that. should work to restore control over previous question on a special rule, is not This bill gives us a chance to get into merely a procedural vote. A vote against or- their children’s education to the Amer- the merits of a debate of whether a na- dering the previous question is a vote ican people by shutting down the Fed- tional test crammed down the throats against the Republican majority agenda and eral education bureaucracy and cutting of the American people is the best a vote to allow the opposition, at least for taxes on American parents so they may thing for the American children. the moment, to offer an alternative plan. It better provide for the education of I urge the passage of this bill. is a vote about what the House should be de- bating. their own children. Mr. FROST. Madam Speaker, I yield Mr. FROST. Madam Speaker, I yield Mr. Clarence Cannon’s Precedents of the myself such time as I may consume. 1 minute to the gentleman from Cali- House of Representatives, (VI, 308–311) de- (Mr. FROST asked and was given per- scribes the vote on the previous question on fornia (Mr. MARTINEZ). Mr. MARTINEZ. Madam Speaker, let mission to include extraneous mate- the rule as ‘‘a motion to direct or control the rial.) consideration of the subject before the House me explain something very clearly. In being made by the Member in charge.’’ To the agreement that was made and in Mr. FROST. Madam Speaker, I urge Members to vote against the previous defeat the previous question is to give the the law now, no test can be conducted opposition a chance to decide the subject be- without the authorization of Congress. question. fore the House. Cannon cites the Speaker’s That is in there. In fact, in its planning If the previous question is defeated, I ruling of January 13, 1920, to the effect that stage with what is authorized in that will offer an amendment to the rule ‘‘the refusal of the House to sustain the de- agreement, they have changed the that will make in order the amend- mand for the previous question passes the date. They have renewed the contract, ments offered in the Committee on control of the resolution to the opposition’’ Rules by the gentleman from Missouri in order to offer an amendment. On March changed the contract. The contract had 15, 1909, a member of the majority party of- (Mr. CLAY) and the gentleman from already been let by the administration fered a rule resolution. The House defeated because they thought they had the pre- California (Mr. MARTINEZ), the Public the previous question and a member of the rogative to do that. Schools Renewal and Improvement Act opposition rose to a parliamentary inquiry, And NAGB then, when they were and the School Construction Act. asking who was entitled to recognition. given the sole responsibility for this, These are the kinds of programs we Speaker Joseph G. Cannon (R–Illinois) said: not the responsibility of education as need to improve in order to improve ‘‘The previous question having been refused, my friend from South Carolina says, our public education. the gentleman from New York, Mr. Fitzger- but NAGB was given sole authority, Vote no on the previous question so ald, who had asked the gentleman to yield to we can consider these two worthy leg- him for an amendment, is entitled to the and, in doing so, they called back the first recognition.’’ contract and renegotiated the con- islative initiatives to improve the Because the vote today may look bad for tract. quality of our public schools. the Republican majority they will say ‘‘the They have the option now under the Madam Speaker, I include the follow- vote on the previous question is simply a law and the agreement as it was made ing for the RECORD: vote on whether to proceed to an immediate February 5, 1998 CONGRESSIONAL RECORD — HOUSE H345 vote on adopting the resolution . . . [and] The Sergeant at Arms will notify ab- Brown (CA) Jackson-Lee Pallone has no substantive legislative or policy im- sent Members. Brown (FL) (TX) Pascrell plications whatsoever.’’ But that is not what Brown (OH) Jefferson Pastor Pursuant of clause 5 of rule XV, the John Payne they have always said. Listen to the Repub- Cardin Chair will reduce to a minimum of 5 Carson Johnson (WI) Pelosi lican Leadership Manual on the Legislative minutes the period of time within Clay Johnson, E. B. Peterson (MN) Process in the United States House of Rep- Clayton Kanjorski Pickett resentatives, (6th edition, page 135). Here’s which a vote by electronic device, if or- Clement Kaptur Poshard how the Republicans describe the previous dered, will be taken on the question of Clyburn Kennedy (MA) Price (NC) question vote in their own manual: agreeing to the resolution. Condit Kennedy (RI) Rahall Although it is generally not possible to The vote was taken by electronic de- Conyers Kennelly Rangel amend the rule because the majority Mem- Costello Kildee Reyes vice, and there were—yeas 220, nays Kilpatrick Rivers ber controlling the time will not yield for Coyne 185, not voting 25, as follows: Kind (WI) Rodriguez the purpose of offering an amendment, the Cramer Cummings Kleczka Roemer same result may be achieved by voting down [Roll No. 8] Kucinich Danner Rothman LaFalce Roybal-Allard the previous question on the rule . . . When YEAS—220 Davis (FL) Lampson Rush the motion for the previous question is de- Aderholt Gilchrest Paul Davis (IL) Lantos Sanchez feated, control of the time passes to the Archer Gillmor Paxon DeFazio Levin Sanders Member who led the opposition to ordering Armey Gilman Pease DeGette Lewis (GA) Sandlin Bachus Goode Peterson (PA) Delahunt the previous question. That Member, because Lipinski Sawyer Baker Goodlatte Petri DeLauro he then controls the time, may offer an Lofgren Schumer Ballenger Goodling Pickering Dellums amendment to the rule, or yield for the pur- Lowey Scott Barr Goss Pitts Deutsch pose of amendment.’’ Luther Serrano Barrett (NE) Graham Pombo Dicks Deschler’s Procedure in the U.S. House of Maloney (CT) Sherman Bartlett Granger Porter Dingell Maloney (NY) Sisisky Representatives, the subchapter titled Barton Greenwood Portman Dixon Manton Skaggs ‘‘Amending Special Rules’’ states: ‘‘a refusal Bass Gutknecht Pryce (OH) Dooley Martinez Slaughter to order the previous question on such a rule Bateman Hall (TX) Quinn Doyle Mascara Smith, Adam Bereuter Hansen Ramstad [a special rule reported from the Committee Edwards Matsui Snyder Bilbray Hastert Redmond on Rules] opens the resolution to amend- Etheridge McCarthy (MO) Spratt Bilirakis Hastings (WA) Regula ment and further debate.’’ (Chapter 21, sec- Evans McCarthy (NY) Stabenow Bliley Hayworth Riley tion 21.2) Section 21.3 continues: Farr McDermott Stark Blunt Hefley Rogers Fattah McGovern Stenholm Upon rejection of the motion for the pre- Boehlert Hill Rohrabacher Fazio McHale Stokes vious question on a resolution reported from Boehner Hilleary Ros-Lehtinen Filner McIntyre Strickland the Committee on Rules, control shifts to Bonilla Hobson Roukema Ford McKinney Tanner Brady Hoekstra Royce the Member leading the opposition to the Frank (MA) McNulty Tauscher Bryant Horn Ryun previous question, who may offer a proper Frost Meehan Taylor (MS) Bunning Hostettler Sabo amendment or motion and who controls the Furse Meek (FL) Thompson Burr Houghton Salmon time for debate thereon.’’ Gejdenson Menendez Thurman Buyer Hulshof Sanford The vote on the previous question on a rule Gephardt Millender- Tierney Callahan Hunter Saxton Gordon McDonald Torres does have substantive policy implications. It Calvert Hutchinson Scarborough Green Miller (CA) Towns is one of the only available tools for those Camp Hyde Schaefer, Dan Gutierrez Minge Velazquez who oppose the Republican majority’s agen- Campbell Inglis Schaffer, Bob Hamilton Mink Vento Canady Istook Sensenbrenner da to offer an alternative plan. Harman Moakley Waters Cannon Jenkins Sessions Mr. LINDER. Madam Speaker, I yield Hastings (FL) Mollohan Watt (NC) Castle Johnson (CT) Shadegg Hefner Moran (VA) Waxman myself such time as I may consume. Chabot Jones Shaw Hilliard Murtha Wexler Chambliss Kasich Shays Madam Speaker, at this point, I Hinchey Nadler Weygand Christensen Kelly Shimkus would like to urge all of my colleagues Hinojosa Oberstar Wise Coble Kim Shuster Holden Obey Woolsey to vote for the previous question and Coburn Kingston Skeen Hooley Olver Wynn for the rule. This is the third rule we Collins Klug Skelton Hoyer Ortiz Yates Combest Knollenberg Smith (MI) have had on the floor in the second half Jackson (IL) Owens of the 105th Congress. All three of them Cook Kolbe Smith (NJ) Cooksey LaHood Smith (OR) NOT VOTING—25 have been open rules, allowing any Cox Latham Smith (TX) amendment in order at any time. Crane LaTourette Smith, Linda Becerra Herger Radanovich Crapo Lazio Snowbarger Blumenauer Johnson, Sam Riggs What the gentleman from Texas Burton King (NY) Rogan would like to do is create a political Cubin Leach Solomon Cunningham Lewis (CA) Souder Chenoweth Klink Schiff issue, to say, if you vote against the Davis (VA) Lewis (KY) Spence Doggett Largent Stupak previous question, you are voting Deal Linder Stearns Engel Markey Taylor (NC) Eshoo McKeon Visclosky against schools construction when, in DeLay Livingston Stump Diaz-Balart LoBiondo Sununu Gonzalez Neal point of fact, they are not germane to Dickey Lucas Talent Hall (OH) Pomeroy the bill. They have nothing to do with Doolittle Manzullo Tauzin b 1121 testing. Dreier McCollum Thomas Even were he to win his previous Duncan McCrery Thornberry Messrs. WYNN, MURTHA, KLECZKA Dunn McDade Thune and TAYLOR of Mississippi changed question vote, those amendments Ehlers McHugh Tiahrt would continue to be ruled out of order Ehrlich McInnis Traficant their vote from ‘‘yea’’ to ‘‘nay.’’ for lack of germaneness. So I urge my Emerson McIntosh Turner So the previous question was ordered. colleagues to see through this little bit English Metcalf Upton The result of the vote was announced Ensign Mica Walsh as above recorded. of a game. Vote for the previous ques- Everett Miller (FL) Wamp tion. Vote for the rule. Ewing Moran (KS) Watkins The SPEAKER pro tempore (Mrs. Madam Speaker, I yield back the bal- Fawell Morella Watts (OK) EMERSON). The question is on the reso- Foley Myrick Weldon (FL) lution. ance of my time, and I move the pre- Forbes Nethercutt Weldon (PA) vious question on the resolution. Fossella Neumann Weller The resolution was agreed to. The SPEAKER pro tempore. The Fowler Ney White A motion to reconsider was laid upon question is on ordering the previous Fox Northup Whitfield the table. Franks (NJ) Norwood Wicker The SPEAKER pro tempore. Pursu- question. Frelinghuysen Nussle Wolf The question was taken; and the Gallegly Oxley Young (AK) ant to House Resolution 348 and rule Speaker pro tempore announced that Ganske Packard Young (FL) XXIII, the Chair declares the House in the ayes appeared to have it. Gekas Pappas the Committee of the Whole House on Mr. FROST. Madam Speaker, I object Gibbons Parker the State of the Union for the consider- to the vote on the ground that a NAYS—185 ation of the bill, H.R. 2846. quorum is not present and make the Abercrombie Barcia Blagojevich b 1122 point of order that a quorum is not Ackerman Barrett (WI) Bonior present. Allen Bentsen Borski IN THE COMMITTEE OF THE WHOLE Andrews Berman Boswell The SPEAKER pro tempore. Evi- Baesler Berry Boucher Accordingly, the House resolved dently a quorum is not present. Baldacci Bishop Boyd itself into the Committee of the Whole H346 CONGRESSIONAL RECORD — HOUSE February 5, 1998 House on the State of the Union for the has voted to support the development to compare schools, children, et cetera? consideration of the bill (H.R. 2846) to of voluntary national tests to measure There were those who were concerned prohibit spending Federal education performance in fourth grade reading about who determines the content. funds on national testing without ex- and eighth grade math. The tests will All of these things came up during plicit and specific legislation, with Mr. be created by an independent, biparti- the debate when we were marking up EWING in the chair. san organization and will be piloted in this legislation. And what did I say to The Clerk read the title of the bill. schools next October 1998.’’ 1998. them? I said, ‘‘Well, let me ask you, did The CHAIRMAN. Pursuant to the Just last week the President reiter- the Secretary call and ask you for any rule, the bill is considered as having ated in his State of the Union address, input on how they were putting this been read the first time. and at that time the President said, test together?’’ Total silence. Under the rule, the gentleman from ‘‘Thanks to the action of this Congress Then I said, ‘‘How about the contrac- Pennsylvania (Mr. GOODLING) and the last year, we will soon have, for the tors, did the contractors call you and gentleman from Missouri (Mr. CLAY) first time, a voluntary national test ask you to give input on how they are each will control 30 minutes. based on national standards in fourth putting together these tests?’’ Total si- The Chair recognizes the gentleman grade reading and eighth grade math.’’ lence. And then I said, ‘‘Well, how about from Pennsylvania (Mr. GOODLING). Again, the point is that the Congress NAGB? Have they called and asked you Mr. GOODLING. Mr. Chairman, I has made no decision about Federal for any input in what they are doing?’’ yield myself such time as I may con- testing in 1999 or future years. That sume. Total silence. was never even talked about. In addi- And, of course, that is the whole pur- Mr. Chairman, about a year ago, tion, beginning in November of 1997 and President Clinton announced his pro- pose of this piece of legislation today; continuing through January of 1998, to give those people who were asking posal for a Federal test in fourth grade the day of our markup last week, the those questions an opportunity to par- reading and eighth grade math, and the Department of Education’s website rep- ticipate in any kind of development. White House and the Department of resented to the public that pilot test- To make sure that their concerns that Education relied upon a little-known ing would in fact take place beginning they had, legitimate concerns, are real- program, the Fund for the Improve- in the fall of 1998. ized and that they are understood. ment of Education, for their authority. b 1130 But if we do not do what we are going Yet, nowhere, nowhere in the Fund for to do today, they get no opportunity to the Improvement of Education is there Here is how the web page read at that participate in any way, shape, or form, specific or explicit authorization for time: ‘‘The bill, [PL 105–78] provides it is a done deal. And so we get 300 the President’s national tests in read- full funding to proceed with immediate math professors who say, wait a ing and math. Nor was the program development of the first-ever voluntary minute, they are moving in a way of ever intended as a justification for na- national test in fourth grade reading constructing a test that really is not tional tests. and eighth grade math . . . The bill the best way to teach mathematics. We A few years ago, the predecessor to permits pilot testing to begin in fall have reading people saying is the read- the Fund for the Improvement of Edu- 1998.’’ ing test dealing with phonics? Is it cation specifically and explicitly pro- Never, never did any Congress ever dealing with look-see? Is it dealing vided for ‘‘Optional Tests of Academic say that that is what is going to take with any other kind of programs that Excellence.’’ However, the majority at place. That is a decision that we as a may be out there, whole language? that time in 1994 changed all that. Congress will make, not the President They need to have answers to those That testing language was purposely of the United States. questions. removed by Congress in the Improving On the very next day after our mark- My colleagues on the committee America’s Schools Act of 1994. It is now up, the Department changed the year have to have answers to those ques- clear that there is no current specific for pilot testing from 1998 to 1999. Well, tions. My colleagues who are on the or explicit authority in the Fund for I know why. We all tried to tell them minority side truly need to have an- the Improvement of Education or any they cannot get a test that is going to swers to those questions. other statute for implementing the be valid, worth anything, in less than 3 The only way they get to participate President’s national tests. to 5 years. So NAGB, of course, redid is if we, as a matter of fact, accept this When the testing issue was put to the contract and rebid the contract and legislation today so that we become vote last Congress, nearly 300 Members told them here is what we have to do. the players, the Congress of the United voted against national testing, includ- We also found out a day after the States, in determining what goes for- ing many Members from both sides of markup that the display now says on ward as we reauthorize NAEP and the aisle. I realize that is diminishing their web site, ‘‘The first pilot tests are NAGB this year, we look at the whole because there are all sorts of pie-in- scheduled for the fall of 1999, and the picture. the-sky promises, and therefore, the first field tests in the spring of the Now, there are some who say this vote will be different. That is obvious. year 2000.’’ would jeopardize what the National The final result of the appropriations Again, what I am trying to point out Academy of Sciences is doing. It does activities last year was to prohibit is there is no agreement about 1999, the not have anything to do with what the National Academy of Sciences is doing. pilot testing, field testing or any im- year 2000, or any time thereafter. That As a matter of fact we will take what plementation or administration of the is the only point we are trying to make they do. They are due, I believe, June tests in 1998. Limited test development in this legislation. It is our responsibil- 1 with their report. That will be consid- activities could go forward, because ity. The Congress of the United States, ered. It does not interfere with any- to make that determination. they already put up $17 million, but body out there who has any kind of Mr. Chairman, let me tell my col- what happens beyond 1998 was never input they want to put in. addressed. leagues who probably gave us the best Mr. Chairman, all it says is: Hold it, Despite the appropriate language, the argument for slowing down this train. administration. The decision is made White House and the Department of It was the minority members on my here in the Congress of the United Education continue to represent to the committee. The minority members on States. Constitutionally, it is our au- public that testing will automatically my committee during markup gave us thority. Constitutionally, it is our re- go forward in future years, even with- all the reasons why we should slow sponsibility. out any action by Congress. That is down this train. What did they say dur- Mr. Chairman, I reserve the balance wrong. No decision has ever been made ing markup? There were those that of my time. by Congress about testing policy in the were concerned about tests being used Mr. CLAY. Mr. Chairman, I yield my- fiscal year 1999 or any other time for tracking. There were those who self 3 minutes. thereafter. talked about we are concerned about Mr. Chairman, I am very dis- Now, at the November 13, 1997 signing language barriers in tests. There were appointed that we find ourselves debat- of the appropriation bill, the President those who said how are the tests going ing this bill today. With all the prob- said, ‘‘For the very first time, Congress to be used? Are they going to be used lems facing our schools, overcrowded February 5, 1998 CONGRESSIONAL RECORD — HOUSE H347 classrooms, crumbling buildings, denial. I am not qualified to partici- The first, the National Assessment of teacher shortages, it boggles the mind pate in this debate, because I have Education Progress, and the other, the to see that the first bill passed out of taken educational measurement Third International Mathematics and the Committee on Economic and Edu- courses and have taught secondary Science Study, not to mention all the cational Opportunities this year is one school for about 10 years and I do not State programs. as petty as this one. find much of a discussion that is con- Additional Federal dollars, and I It is designed as a political ploy to nected to the real world of education or want my colleagues to understand this embarrass Secretary of Education testing. because we are under very strong re- Riley and President Clinton. There is I think maybe following the logic in strictions about Federal money and no reason to act on this bill today. The this bill we ought to ban all testing, where it is coming from and where it is fiscal year 1998 Labor HHS Education because they are imperfect instru- going, additional Federal dollars Appropriations bill is very clear. It ments. And the issues being raised in should be better spent improving our prohibits the use of 1998 fiscal year terms of problems are not unique. In schools and the education of our chil- funds to field test, administer, distrib- fact, there is a body of knowledge that dren. We should be spending those Fed- ute or implement any national test. for 100 years has gone on with edu- eral dollars, limited as they are, in the The appropriations bill also requires cational measurement that has tried to classrooms on programs such as Head three separate studies by the National address these issues and perfect the Start and Early Start and teacher Academy of Sciences, which are due ability to utilize reliable and valid in- preparation. later this year. struments. Additionally, in my opinion, the na- This proposal fails to address a num- Mr. Chairman, I commend Members tional test would inevitably lead to a ber of issues of critical concern to par- of Congress for taking this on in a few de facto national curriculum, but that ents, students, teachers and schools. hours today in resolving this problem is one of the discussions we should And I ask some questions, some very in favor of not having banning national have and the debate when the commit- basic questions that this Congress tests. That way nobody will know what tee discusses and really evaluates ought to be asking, that our Chairman they are receiving and whether or not whether or not there is any merit to a referred to in his opening remark: they are attaining the educational national testing program. Will a national test accommodate goals and we will all be happier for it; But I even have a greater concern, students who have limited English pro- just like the character Forrest Gump. and all of us know it, and I actually ficiency or disabilities? Could the test Mr. CLAY. Mr. Chairman, I thank think the ranking member made an in- be used for high stakes purposes such the gentleman for his comment, and I direct reference to this, there is a ques- as tracking, funding reductions, grade reserve the balance of my time. tion as to whether or not a national retention and graduation thresholds? Mr. GOODLING. Mr. Chairman, I testing program leads to teaching to How will civil rights protections be en- yield 3 minutes to the gentlewoman the test. There have been all kinds of sured in the development, use, and ad- from New Jersey (Mrs. ROUKEMA) a dis- studies done about the limitations of ministration of the test? How do we tinguished member of the committee. testing and to what extent teaching to weed out bias and discrimination in the (Mrs. ROUKEMA asked and was the test will really obscure proper edu- content of a national test? And most given permission to revise and extend cational goals. importantly, will those students who her remarks.) So there are all kinds of reasons why fail the test be provided significant Mrs. ROUKEMA. Mr. Chairman, I we should be having an appropriate na- new resources to ensure that they will rise in strong support of the bill offered tional debate through the committee of have real educational opportunities? by the gentleman from Pennsylvania authorization on this subject. And no These are legitimate concerns and le- (Mr. GOODLING), and also in support of money should be spent without the au- gitimate questions that this Congress his statement. I want to associate my- thorizing committee’s action on this ought to answer. But if this bill passes, self with the gentleman’s remarks. issue. the sponsor of this bill will preclude Mr. Chairman, as a member of the Mr. Chairman, I thank the gentleman the Congress from ever acting in these authorizing committee, I believe it is from Pennsylvania (Mr. GOODLING) for areas. not only inappropriate, it is also wrong yielding me this time. Mr. Chairman, we should act to re- for the President to use any funds on a Mr. CLAY. Mr. Chairman, I yield 1 solve these and other serious questions program that has not been authorized minute to the gentlewoman from Cali- about national testing in a measured, by the relevant committee, the Com- fornia (Ms. WOOLSEY). deliberate way during this year’s reau- mittee on Education and the Work- (Ms. WOOLSEY asked and was given thorization of the National Assessment force. permission to revise and extend her re- of Education Progress, and the Na- If we do not pass this bill today, we marks.) tional Assessment of Governing will be allowing the President to cir- Ms. WOOLSEY. Mr. Chairman, last Boards. cumvent our committee and that ac- fall, Members of Congress from both Mr. Chairman, with so few days in tion would mock the fundamental con- parties worked with the administration this legislative session, it is critical stitutional separation of powers prin- and drafted a bipartisan agreement on that the House act wisely and con- ciple. what we could and what we could not structively on urgent education prior- Despite the fact that the administra- do regarding national testing. Since ities. We should be passing legislation tion has no specific or explicit author- then, there has been no evidence that to repair our Nation’s crumbling ization, the President has already put the administration or any of the agen- schools and overcrowded schools. We the Department of Education on a cies named in that agreement have bro- should be initiating legislation calling track to develop and implement these ken the agreement. Yet here we are, for reduced class sizes and stronger tests automatically without our au- Mr. Chairman, not 3 months later, after-school programs. This bill does thorization. I do not understand this. after putting the agreement together, nothing to address these critical needs. Until Congress has the opportunity debating again the development of na- Therefore, Mr. Chairman, I urge its de- to review the proposal, no action tional tests. feat. should be taken. Congress must and I cannot help but believe that this Mr. CLAY. Mr. Chairman, I yield 30 should act to look into any national legislation is motivated more by politi- seconds to the gentleman from Min- testing proposal and whether such an cal urgency than by any real need. I nesota (Mr. VENTO). idea is a good test or not. I do not be- hope that my colleagues will join me in Mr. VENTO. Mr. Chairman, I thank lieve it is a good way of spending Fed- putting the partisan politics aside. the gentleman from Missouri (Mr. eral dollars, but that is really beside Vote ‘‘no’’ on H.R. 2846 and let us get CLAY) for yielding, and I agree with the the point of this debate right now. to work on what we really need to do gentleman’s statement. Mr. Chairman, I do want to say and on reducing crowded classrooms, train- Mr. Chairman, this bill seems to fol- advise our colleagues here that we al- ing more teachers, building new low in the footsteps of Forrest Gump. ready have numerous tests, including schools, and helping all of our children That is that it seems to be in a state of two federally funded testing programs. achieve high standards. H348 CONGRESSIONAL RECORD — HOUSE February 5, 1998 b 1145 Believe me, now, in my State, we key to enlightening us to the policy de- Mr. GOODLING. Mr. Chairman, I have comparisons school by school, and cisions on this issue. Lastly the com- yield 3 minutes to the gentleman from it has driven education reform tremen- promise transferred oversight of the Delaware (Mr. CASTLE), another mem- dously. It appears in our newspapers. test to the National Assessment Gov- ber of the committee. They see what it is. Parents are able to erning Board, or NAGB, as the gen- Mr. CASTLE. Mr. Chairman, I thank make choices now within public tleman from Delaware (Mr. CASTLE) the gentleman for yielding me the schools. It has made a huge difference has referred to that he served on, to as- time. as far as education is concerned. I sure a nonpartisan supervision of those I think we have a tremendous dis- think we really have to continue to tests. connect in the reality of education in look at the subject and develop it in With this compromise recently put America today which concerns me a every way we possibly can. into place, I was one Member who great deal. And that is that we have There are those who I know oppose thought that we would be informed by studies that show that the ultimate any kind of national testing, and I the NAGB studies prior to a sub- consumers in terms of what happens to would tell them I would hope they stantive debate during our committee’s the education product, if you want to would keep their powder dry, continue consideration of NAGB; that is, NAGB phrase it that way, the colleges and the to look at this subject. I think we un- reauthorization. However, this is clear- workplace all say the kids are just not derstand there are reasons, which ly not the major intent here. doing as well as they should, that edu- range from fears of discrimination or I have great respect for the gen- cation is not where it should be. But if national curriculum or wasting Federal tleman from Pennsylvania (Mr. GOOD- we look at polls on how our schools are dollars or students’ time with yet an- LING); I always have had. Traditionally doing on a local basis, we will find that other test. But there has to be some- our committee, as I said before, has re- parents and others say, gee, they are thing to improve education. solved our differences in a bipartisan achieving at an 80 percent level or I think part of it is to get into this fashion. The past session of Congress, whatever it may be be. We just do not whole issue of some sort of a compari- under the leadership of the gentleman find that to be the right answer out in son, be it testing or whatever it may from Pennsylvania (Mr. GOODLING), we the workplace. be. I have heard critics of testing say followed that theme. Consideration of I am one who believes that we need that one does not fatten a cow by this bill, however, has been handled in some sort of national comparison. I am weighing it regularly, and we should exactly the opposite fashion. Despite not sure if we need a national vol- not test kids that way. But I will tell the objections of Secretary Riley, the untary test or not, and for that reason Members that this is not testing kids gentleman from Missouri (Mr. CLAY), I am going to support the legislation. I in the same way from one State to an- ranking member, and several promi- do not think that this legislation has other. We have got to be able to make nent civil rights groups, the gentleman gained adequate support from families a fair comparison. Right now the State from Pennsylvania (Mr. GOODLING) has and educators in the States or Con- tests do not do it. So let us all try to pushed forward with this legislation. In gress yet, and the National Assessment work together on this. This is a very the committee we asked him to post- Governing Board, on which I actually important issue for the future of this pone its consideration until the review served for a couple years, has rec- country. of the reauthorization of NAGB, and he ommended that the test be delayed Mr. CLAY. Mr. Chairman, I yield 3 did not see fit to do so. until 2001. And the administration minutes to the gentleman from Califor- Frankly there is little if any need for wants to move it up. Tests cannot be nia (Mr. MARTINEZ). us to be considering this on the floor done that rapidly. They are very dif- Mr. MARTINEZ. Mr. Chairman, I today. It is all in law and exactly the ficult to do. want to thank the ranking member, things that he is concerned about exist But having said that, I do not come the gentleman from Missouri (Mr. in that law, and the National Assess- down on the side of those who say that CLAY) for yielding the time to me. ment Governing Board is following the we need no testing at all. I would hope It seems that we are into this thing letter of that law. They have sent a let- that in our looking at reauthorization again when we did it once last year at ter, as I said before, to the gentleman of NAGB and NAEPS later this year the close of the last session. I do not from Missouri (Mr. CLAY), and I have a that we look seriously at that ques- know why we are doing this thing at copy of the letter which indicates that tion. I will tell my colleagues most of this time. I would rather be spending they have every intention of following the tests that are given now on a na- the time very clearly making a dif- the law and not proceeding with test- tional level do not lend themselves to ference in things that matter to chil- ing or deployment of testing until the comparisons from one place to another dren across the Nation, things that are Congress authorizes it. Frankly, I be- because they are not given in a way so desperately needed like teacher train- lieve that Members on our side of the that we can make the comparisons. ing, classroom construction and a aisle, even if they voted for the bill the That is intentional to some degree, and whole lot of other things that I could first time, in this case should vote I do not think we are going to learn too go into and I will not at this time. against this bill. much by any studies on tests which What really disturbs me is that in Mr. GOODLING. Mr. Chairman, I exist right now. But I think we have to the past we, in the majority on the yield 2 minutes to the gentleman from do something about it. committee, especially this committee, Michigan (Mr. HOEKSTRA), another We talk about State standards, for have worked in a bipartisan way. That member of the committee. example, as a way of doing this. My is not true in the debate that is before Mr. HOEKSTRA. Mr. Chairman, I State happened to adopt very tough us today. Only a few months ago the thank the gentleman for yielding me standards, and most of the students did chairman deservedly has to be given the time. I would also like to congratu- not meet the standards. Then they credit for working out a compromise, late the chairman on leading the fight took a national test and they did pret- and that compromise that was reached on this issue. ty well on the national test. There is at between the chairman, the gentleman I think there is at least three issues least one Southern State in which 80 from Pennsylvania (Mr. GOODLING), and we need to talk about today. The first percent of the kids did extraordinarily the administration on what national thing is that the executive branch is well on that State’s standards, and testing activities would be allowed dur- moving outside of the intent of Con- they took the national test, and I ing the fiscal year of 1998. gress. They are moving forward in de- think fewer than 20 percent of them ac- As Members know, that agreement fining the Federal Government’s role tually did well on the national test. banned all activities except those re- in education without an agreement and What does that mean? Does it mean lated to the development and planning without a consensus having been devel- that the Delaware students are better of tests. In addition that compromise oped between the executive branch and or worse because they did well on the required the National Academy of Congress. This is a key issue and we Federal, not well on the State? I do not Science to issue three studies, and should not move forward on this issue know. I think we need that compari- those studies were intended to give the without an agreement between the ex- son. Members information which would be ecutive branch and this Congress. This February 5, 1998 CONGRESSIONAL RECORD — HOUSE H349 Congress and this committee should board should be the committee where gentleman from Pennsylvania (Mr. set the direction for national testing. the major decisions are made. GOODLING) and commend him for his A second issue that we really need to We would like to get on with it. Let tireless efforts in this area and thank have a national debate about, begin- us have the hearings on the construc- him for yielding time to me. ning in this committee, is exactly what tion initiative. I do not agree with the I totally agree with the gentleman is the role of the Federal Government gentleman from Michigan who said that preceded me. The gentleman from in education. Last year we went to 14 that local people want something to New York says that testing is unimpor- States, had hearings, had 22 different do, to keep the Federal Government to- tant. The fact is we should be spending field hearings, and what we are hearing tally out of it. There is plenty for local money elsewhere. I am particularly at the local level are some tremendous people to do. I think most localities pleased that the gentleman from Penn- progress being made in education. It is would appreciate some help with school sylvania (Mr. GOODLING) has brought not because of what we are doing here construction. That is rural, suburban the bill to the House early though in in Washington, but it is because of and certainly the inner-city commu- this session so that it can be fully what parents, teachers and administra- nities. New York City certainly needs aired, passed and sent to the other tors are doing at the local level. some help just to convert coal-burning body and sent to the President early They are not sure that at the local boilers in schools into more efficient this year. level they want the Federal Govern- and less dangerous boilers. Just a few There is no argument that students ment building their schools, hiring days ago we had a situation where a should be held to high standards and their teachers, feeding their kids, de- school had to be evacuated because a teachers, students and parents should veloping their curriculum, putting in 70-year-old coal burning boiler was have a clear idea on their educational their technology or determining their leaking carbon monoxide. progress toward meeting those stand- class size. They would like to have So we have an emergency in many ards. But national testing is a perfect something to do at the local level as it ways. Certainly the infrastructure example of how the Clinton adminis- regards to their schools and their chil- emergency, the emergency which cries tration makes policy. If it sounds good, dren. out for help most is the one related to if it polls good, and if the focus groups The third issue is even if we did test- construction. Let us have a hearing, a say it is needed, well, then it is auto- series of hearings; let us begin legisla- ing, is this the right way to do it? We matically great national policy even tion on that. Sequence is very impor- had hearings in Delaware, my col- when it does not work. It is spending tant. Before you get into testing, I am league from Delaware described the resources, valuable resources, scarce all against testing until we deal with process that they have gone through in resources, in areas that do not need it. opportunity to learn. This opportunity that State. It is a difficult process. In We do not need national testing. We to learn which the Committee on Ap- Delaware I believe it took about 3 need good education, just as the gen- propriations took out of legislation a years. They worked aggressively at the tleman from New York said. The fact is few years ago, that has to come first. grassroots level to involve parents, to that there are many ways to assure Opportunity to learn means you pro- involve teachers, to involve adminis- high quality education to meet the vide decent, safe, physical facilities. trators, and to involve elected officials. needs of today’s economy, and I com- That is the way to do it. We do not do Opportunity to learn means that you provide teachers who are trained, and mend the gentleman from Pennsyl- testing, we do not make this kind of vania (Mr. GOODLING) for putting a stop change by one branch of government you improve the teacher-student ratio. Some of the things that have been to this single-minded big government moving forward and saying, this is set forth by the President in the State approach to the problem. what we are going to do, and leaving of the Union address relate to provid- the rest of us behind. b 1200 Mr. CLAY. Mr. Chairman, I yield 3 ing an opportunity to learn. Before you drop the load on the backs of the chil- minutes to the gentleman from New If there was any doubt that the Clin- dren and say, we are going to test you, York (Mr. OWENS). ton testing plan was at best folly, sim- (Mr. OWENS asked and was given give them a chance to learn. ply imagine the logistic and cost night- At present there is a great need for permission to revise and extend his re- mare on test day. On that day the read- leadership from the Federal Govern- marks.) ing test would have to be delivered to ment in terms of leading the States Mr. OWENS. Mr. Chairman, at a time over 3 million students in 64,000 ele- and the municipalities to do more to when the Nation’s attention is focused mentary schools in the Nation at more improve these opportunities to learn. on education as a national priority and or less the same time. Delivery would We had a deal that was negotiated by a certain significant initiatives and pro- have to be an overwhelming task. Se- few members on the subcommittee out- grams have been clearly set forth by curity so that people do not cheat, an side of the usual democratic process the President in the State of the Union endless ordeal. The cost would be where you have a committee of the address, the response of the committee astronomic and the cost would recur conference, a committee, a group of of jurisdiction is a bill which implies each year. members in the committee. So we are Mr. Chairman, the testing, as pro- that testing is the number one prior- sort of locked out of this process of posed by the administration, violates ity. And even worse than that, it ap- really knowing what the agreement our values of local control. People that pears that the sequence and the date was except what we see in writing. Why know the best about education are the for the testing and the fine print of a should we proceed with that? Let us people at home. It provides opportuni- deal that was negotiated by a handful deal with the substance of the edu- of people is more important than a re- cation improvement issue and not with ties for educational fads like ‘‘whole sponse of the committee of jurisdiction the frills and the details of a deal that math’’ to be suddenly imposed and is to the agenda that has been laid out by somebody thinks has gone bad but scornful of the real issues raised by the the President. there is plenty of time to correct if minority and disadvantaged commu- Leadership on education improve- they think there is correction needed. nities and just will not work. We need ment should be regained by the com- I urge a no vote on this unnecessary to apply the money on teachers and mittee of jurisdiction, the Committee legislation. better schools, not on national testing. on Education and the Workforce. We Mr. GOODLING. Mr. Chairman, I I support this bill and urge its adop- have all kinds of folks who have taken yield 2 minutes and 30 seconds to the tion. over that leadership. Most of all the gentleman from Louisiana (Mr. LIVING- Mr. CLAY. Mr. Chairman, I yield 2 Committee on Appropriations makes STON), chairman of the Committee on minutes to the gentlewoman from New the most significant legislation on edu- Appropriations. York (Mrs. LOWEY). cation nowadays. I do not think that is (Mr. LIVINGSTON asked and was Mrs. LOWEY. Mr. Chairman, I thank appropriate and it is not the wisest use given permission to revise and extend the gentleman for yielding me this of the talent here. The committee that his remarks.) time. has the institutional memory, the com- Mr. LIVINGSTON. Mr. Chairman, I Mr. Chairman, I rise in opposition to mittee that knows the issue across the rise in support of the bill offered by the this legislation. This bill would stop H350 CONGRESSIONAL RECORD — HOUSE February 5, 1998 the development of voluntary testing Mr. FARR of California. Mr. Chair- Mr. MORAN of Virginia. Mr. Chair- dead in its tracks. It would block cities man, I thank the gentleman for yield- man, what gall for the majority to and States from pursuing a new tool in ing me this time. argue today the merits of local govern- our efforts to make our schools the This debate is really a debate about ance when just yesterday they tram- best in the world. These tests are not our Nation’s future. This morning in pled on the local rights of Virginians. about history, not about science cur- this hall we opened the session with a Are we only principled when it suits riculum, they are about the ability to pledge of allegiance in which we our purposes? read and write, to add and subtract. pledged to be one Nation. But what is I rise today in strong opposition to Mr. Chairman, there are just no poli- that debate? What does it mean when this extraneous legislation. I happen to tics in the A, B, Cs; no hidden agendas we want to be one Nation? Well, one support national tests, so it is easy for in the 1, 2, 3s. Nation is about national priorities and me to oppose this bill. But I would op- Mr. Chairman, an agreement on Fed- to have priorities we must make prior- pose it even if I opposed national test- eral support for voluntary Federal test- ities. ing. Have we already forgotten how ing was reached last year. That agree- This Nation has found it important painstaking was the compromise that ment permits limited test development to have national standards for avia- was mapped out before the Labor-HHS but not its implementation. It was my tion, obviously for food safety, and appropriations bill could be signed into understanding that the gentleman even for truck tires, but we have never law? from Pennsylvania approved that com- made it a national priority for edu- That compromise is good policy. It promise. Why are we wasting time re- cation. There are no national stand- will give us an opportunity to get the visiting an issue that we resolved just ards. Think about that. facts before we debate the merits of na- a few short months ago? High school standards are set by tional testing. The National Academy Last year six of the Nation’s seven local communities and State legisla- of Sciences would conduct a series of largest cities accepted the challenge of tures. College boards exams are a pri- studies to inform us before we admin- voluntary national tests, including vate industry, not regulated by govern- ister any national tests. New York City, Chicago, Philadelphia, ment. Everyone knows that tests are I think we all want to do the right Los Angeles, Atlanta and Detroit. essential to function in our society. We thing on the national testing issue, we These communities have decided that require them for everything from driv- just disagree about what the right voluntary national performance meas- ing a car to entering the Armed Serv- thing is. Getting the facts on national ures can help them determine what is ices. testing before we debate whether or This bill is the wrong way to go be- working and what needs fixing. not to have tests is a step in the right cause we ought to have our national Mr. Chairman, I would urge my col- direction, but this legislation would priorities be as important to us in edu- leagues to permit limited test develop- deny us that opportunity. cation as they are for entering the ment to move forward and move on to While I understand the desire of the military or driving a car. And we will debate ways to repair crumbling chairman, the gentleman from Penn- never be one Nation unless we put edu- schools, reduce class size and keep sylvania, to keep discretion over au- cation at that high priority. And when schools open after hours. Let us talk thorization of national testing in his we do, we truly will be one Nation own committee, he will have that op- about ways to promote educational re- under God, with liberty and justice for portunity when the committee reau- form and excellence, not slow it down. all. Vote ‘‘no’’ on this legislation. Mr. GOODLING. Mr. Chairman, I thorizes the National Assessment of Mr. GOODLING. Mr. Chairman, I yield 1 minute to the gentleman from Education Progress and the National yield 1 minute to the gentleman from Assessment Governing Board. There is Virginia (Mr. GOODE), a State where on Nebraska (Mr. BARRETT), a member of their own they have done remarkable no reason not to wait until we consider the committee. things in relationship to standards and legislation to reauthorize those pro- Mr. BARRETT of Nebraska. Mr. assessment. grams and debate this issue at the ap- Chairman, I thank the gentleman for (Mr. GOODE asked and was given propriate forum. yielding me this time. permission to revise and extend his re- I urge my colleagues to oppose this Mr. Chairman, the President wants marks.) politically motivated attempt to se- voluntary tests identifying individuals, Mr. GOODE. Mr. Chairman, I want to cure jurisdiction where jurisdiction has schools and States as meeting or fail- commend the gentleman from Pennsyl- already been established. ing voluntary education standards. His vania (Mr. GOODLING) for his initiative Mr. GOODLING. Mr. Chairman, I education plan calls for voluntary tax in this area, and he is correct, Virginia yield 2 minutes to the gentleman from credits to build more schools. He is is a leader in testing its students. We California (Mr. CUNNINGHAM), a former also volunteering the Federal Govern- want to see education maintained at member of the committee. ment to hire 100,000 teachers. Sounds the local and State level. Mr. CUNNINGHAM. Mr. Chairman, to me like the era of big government is I supported this measure the first there is a vision for education and a vi- still alive and well over at the White time and am very glad to support it sion that could be bipartisan, but it House. this time, and I want to read a few chooses not to, unfortunately, because Mr. Chairman, are we to volunteer statements from a teacher in the Penn- of partisan politics. ourselves to the nationalization of our sylvania County School System. We can have big government control education system? Will Uncle Sam ‘‘I am greatly disturbed by the Presi- of education or we can have it where test, set standards, build the schools dent’s attempt to sponsor national stu- parents, teachers, local administrators and hire the teachers? If so, we might dent testing. I am intimately aware of can control that. We talk about vol- as well tell our State legislatures, the problem confronting teachers, par- untary national testing. The gen- boards of education and local school ents, employers and students’ ability tleman from Michigan Mr. DALE KIL- boards to go home, Uncle Sam has to perform many needed basic skills. I DEE, who was the ranking minority taken charge. don’t see that more tests, especially member on the subcommittee, he and I H.R. 2846 brings sanity to the process. those generated by administrators or killed national history standards. It tells the administration that Con- bureaucrats at a national level, will Why? As a previous history teacher, gress will live up to the deal we made identify any problems that teachers on the gentleman from Michigan saw they in the last appropriations bill but, the front line have not already known. were teaching more about Madonna most importantly, the bill maintains National standards have no meaning to than they were the Magna Carta, and the right of people’s Representatives to localities except one more example of that the Federal Government was get- settle the question of education test- the Federal Government trying to run ting involved in socialized history and ing. Support H.R. 2846 and preserve the the show.’’ the standards that went into it. And rights of Congress. He said it all, Mr. Chairman. the worst part was that the textbook Mr. CLAY. Mr. Chairman, I yield 2 Mr. CLAY. Mr. Chairman, I yield 2 companies, before that bill was ever minutes to the gentleman from Califor- minutes to the gentleman from Vir- passed, had set forth that liberal agen- nia (Mr. FARR). ginia (Mr. MORAN). da into our schools. And that is wrong. February 5, 1998 CONGRESSIONAL RECORD — HOUSE H351 The President talks about more as their nominee for President last want to voucher out a privileged 10 per- money for school construction, but yet year articulated, do not believe that cent and move them off into private the other side of the aisle denied the our country and the Federal Govern- academies and leave the other 90 per- average age of D.C. schools is 60 years. ment should have a role in education. cent to sink. That is not a solution. It And when they talk about school con- That is why they are backing out of is contributing to part of the problem. struction and more tax dollars for it, that agreement. What we need to be doing is not deal- the other side rejected that all we had The American people want this Na- ing with things on the edge of reality to do is waive Davis-Bacon and we tion to have high education standards. but concentrating on how we can re- would save 35 percent of school con- I want high education standards. We in shape and reinvigorate some of our ex- struction. But yet the union bosses this body should be for high education isting programs and channel those re- controlled the other side of the aisle standards. That is why I oppose this sources to reduce class size, improve and they rejected it. So there is a dif- legislation. teacher training, focus on many things, ference in vision. b 1215 that we share common concerns and The Democrats had 40 years to estab- not focus on these things that will not lish the foundation of public education. Let us stop wasting our time on this make a difference one way or the other Public education should be the founda- unnecessary legislation. We ought to in the quality of any child’s education. tion of this country. It spreads across a be working together to pass measures Mr. GOODLING. Mr. Chairman, I lot of lines, but yet they want big bu- that improve our schools and make yield 2 minutes to the gentleman from reaucracy, big government control. education today work for our young Texas (Mr. DELAY), the distinguished There are 760 Federal education pro- people. Whip. grams. The President wanted $3 billion Mr. GOODLING. Mr. Chairman, I re- Mr. DELAY. Mr. Chairman, I thank for a new literacy program. There are serve the balance of my time. the Chairman for yielding. already 14 literacy programs, Title I is Mr. CLAY. Mr. Chairman, I was I want to rise in favor of this resolu- one of those. going to say to the Chairman of the tion because this resolution is quite What is wrong with saying let us committee that we have several people simple. It says that the President can- take one or two and get rid of the rest who have indicated they want to speak, not formulate a national test for our of the bureaucracy that steals the but only one is on the floor. So I guess students unless the Congress specifi- money for big Washington government we will call on him. cally authorizes such a test. It is just and keeps it from going down to the I yield 21⁄2 minutes to the gentleman that simple. It is not all the other classrooms so that teachers and par- from Texas (Mr. DOGGETT). things that we have heard. ents and administrators can have more Mr. DOGGETT. Mr. Chairman, I This might seem like a typical in- control instead of big Washington thank the gentleman for yielding. side-the-Beltway type of squabble be- union bosses and bureaucrats? Largely ignored in this morning’s de- tween the President and the Congress, Mr. CLAY. Mr. Chairman, I yield 2 bate on this question of the testing on but I say to my colleagues that there is minutes to the gentlewoman from Con- national educational concerns is the a bigger principle at stake in this reso- necticut (Ms. DELAURO). fact there is a test going on right here lution: Who should control the edu- Ms. DELAURO. Mr. Chairman, I rise this morning, and the scores are al- cation of our children? Should it be today in strong opposition to this leg- ready in. When the question is con- parents or should it be the Federal islation and I urge my colleagues to centrating on those issues, on the pe- Government? vote against it. riphery of the lives of ordinary Ameri- The administration and its support- In the balanced budget President cans, this Republican leadership scores ers in the Congress want more control Clinton presented to the Congress last an unqualified A-plus. over local communities and parents week he laid out an action plan for im- Whether it is naming an airport and when it comes to educational policy. proving America’s schools, a plan to re- switching the name of one President They want to expand the national bu- duce class size, thereby creating a bet- for another or dealing with something reaucracy at the expense of working ter learning environment for our chil- that the administration is not really families. They want to promote a one- dren, better opportunity to have dis- doing right now, they have done excel- size-fits-all education system, a system cipline in our schools. The plan also lent, absolutely outstanding, in con- that dictates national standards and called for repairing of crumbling centrating on these issues that do not promotes a national curriculum and schools, putting computers into every really make a flip to ordinary Amer- gives more power to Federal bureau- classroom, training teachers so that ican families who are out there strug- crats. our children will be prepared to meet gling to make a go of it and are trying We want to return power to families. the challenges of the 21st century. to get their kids through the schools. We want to give parents more choices. And instead of considering legisla- But when it comes to a commitment, We want our local communities to tion to improve our schools, Repub- a Federal commitment to back up our make the decisions, not some huge licans today are bringing this unneces- families, to support our local school Federal bureaucracy. That is why we sary legislation to the floor to block boards and the many other groups, support the concept of school choice. national tests that would, in fact, help whether it is the PTA or the large That is why we believe working fami- to ensure that every child in our coun- adopt-a-school program that our Cham- lies should be able to use tax-free edu- try meets higher standards in math ber of Commerce does down in Austin, cation savings accounts so that parents and in reading. TX, and Uvalde, TX, and in can have more options for their chil- Voluntary national tests would give Pflugerville, TX, to back up and sup- dren. And that is why we oppose efforts us the opportunity to gauge our chil- port those local efforts, when it comes by this administration to waste money dren’s progress in these basic skills. to ideas, new ideas and new approaches on needless tests and wasteful national These are essential skills to ensuring a to improve the quality of education, bureaucracies. future success in life. Tests will let that test score is in also. And just like So I ask my colleagues to support parents know that local schools, that last year, this Republican leadership this resolution and support America’s teachers are doing their job and hold- scores an unqualified F. They do not working families. ing them accountable for the results even get up to D-minus. Mr. CLAY. Mr. Chairman, I have no that they achieve. Because the only new idea they have further speakers, and I reserve the bal- Mr. Chairman, this issue was re- only advanced, other than trying to ance of my time. solved last year during the appropria- prevent other people from doing some- Mr. GOODLING. Mr. Chairman, I tions process. The bipartisan agree- thing to improve the quality of public yield 1 minute to the gentlewoman ment calls for test development to go education in this country, something from Washington, Mrs. LINDA SMITH. forward and for the National Academy that our parents and our communities Mrs. LINDA SMITH of Washington. of Sciences to study what type of test all over this land want, the only solu- Mr. Chairman, I especially want to might work best for our kids. Quite tion that they have offered, they will thank the Chairman of this committee. honestly, Republicans in this Congress, not vouch for public education, they Because many would shirk at the issue H352 CONGRESSIONAL RECORD — HOUSE February 5, 1998 of national testing because we often What we do need is to focus our ef- then they are stuck with it. Again, this think that testing is the way to assure forts on making educational oppor- is putting the cart before the horse for education. tunity possible for all other children by them to move ahead without any con- But this last week, my school board rebuilding schools in desperate need of sultation with us. members came to me and they said, repair, reducing class size, and creating We have all the questions I ask. We ‘‘Oh, please, do not test us any more. after-school programs. have all the questions the Ranking Mi- We already in our State have a 4th and Mr. Chairman, I urge my colleagues nority Member asks. They need to be 8th grade test. We are already having to vote ‘‘no’’ on H.R. 2846. answered. And they will be answered as the teachers complain that they are The CHAIRMAN. The gentleman we have our debate in committee and working to test instead of working to from Missouri (Mr. CLAY) has 8 minutes then as we bring that debate to the teach.’’ remaining, and the gentleman from floor of the House. So today what we are saying is Con- Pennsylvania (Mr. GOODLING) has 41⁄4 But the only way we can get answers gress should take a look at this. And it minutes remaining. to those questions is if we are players. really says, Mr. President, you cannot Mr. CLAY. Mr. Chairman, I yield And the only way we can be players is spend that $342 million developing a back the balance of my time. if we pass this legislation so that, as a new bureaucracy, a new test, until you Mr. GOODLING. Mr. Chairman, I matter of fact, we get to participate in talk to us and we talk to the people. yield 1 minute to the gentleman from this debate, and we get to ask the ques- That is what this debate is about. It is Indiana (Mr. SOUDER), and then I will tions that the Ranking Member has about talking to the people. close. asked and I have asked. When my school board members, one Mr. SOUDER. Mr. Chairman, I know So I ask my colleagues to, I realize, by one, from all over the State that many people are concerned about the as I said before, there are a lot of pie- has little to big districts, come and standards in their schools. But this is in-the-sky promises out there. I know say, all of our administration is Fed- something different. This is Washing- the vote will be different. But I ask eral regulation, testing and bureauc- ton pointing an accusing finger at our Members to vote for it. Vote your con- racy and it is even affecting the class- Nation’s children, many trapped in science. Do not vote pie-in-the-sky room, we should take a look. The peo- inner city, broken down schools and promises. ple elect Congress, they elect us to rep- saying you miserable little failures. Do Mr. CRAPO. Mr. Speaker, I thank the distin- resent them, and I think we should we really want Washington doing that? guished gentleman for yielding to me and I stop and take a look. Many people, myself included, I rise to express my support for overriding the This is a great bill, and I strongly think have been very confused by the President's veto of H.R. 2631, the Line Item support it. mixed signals that the President is Mr. CLAY. Mr. Chairman, I yield 2 Veto Cancellation Act. sending. Now I happen to believe that Mr. Speaker, I am a long-time supporter of minutes to the gentlewoman from Cali- there is a responsible public policy ap- the line-item veto. This new law makes pos- fornia (Ms. PELOSI). Ms. PELOSI. Mr. Chairman, I thank proach to dealing with a potential sur- sible a more restrained Congress, but also en- the distinguished Ranking Member for plus. For that reason, I am cosponsor- trusts the President with the important respon- giving me this opportunity to speak in ing legislation offered by the gen- sibility of using this new power wisely. That is opposition to H.R. 2846, the prohibition tleman from Wisconsin (Mr. NEUMANN) why I was so disappointed to see the Presi- on Federally sponsored national test- which is consistent with a number of dent make a misinformed decision in cancel- ing. important policy objectives. ing funding for 38 military construction As my colleagues know, this legisla- Last year, 300 of us had the courage projects, including 2 in my home state of tion would prohibit the development to say that is not Washington’s busi- Idaho, and then repeating this mistake by and the administration of volunteer ness, that is the business of parents, vetoing this legislation. national testing without specific statu- local school boards, and the States. As we all now know, based on faulty and tory authority. This is a controversial The question today and the question outdated information provided by the Depart- issue, clearly; and there are Members before us is who is going to flip-flop ment of Defense, President Clinton eliminated on both sides of the aisle who have their vote today. needed funds for a B±1B bomber avionics fa- questions about testing. But that is not Mr. GOODLING. Mr. Chairman, I cility for low-altitude navigation and a F±15C the issue before us today. yield myself the balance of the time. squadron building for planning and briefing Last year, members of the Commit- Mr. Chairman, let me once again combat crews at Mountain Home Air Force tee on Appropriations spent weeks dili- focus the debate on the real issue. I Base. Both of these projects are among the gently working with the author of the agree with every question the Ranking Air Force's top priorities and were a part of the legislation, the gentleman from Penn- Minority Member asked. We need to President's own 1999 and 2000 Pentagon sylvania (Mr. GOODLING), the author- have answers to those questions before budgets. These facilities are critical because izer, to craft an acceptable compromise anyone progresses with a test as a done the 366th Composite Wing at Mountain Home to this language. But that never, in deal. Air Force Base represents one of our nation's fact, belonged in an appropriations bill The only way we get to do that, as a premier rapid-deployment forces in times of an in the first place, that the National matter of fact, is if we now pass this emergency. Even Defense Secretary Cohen Academy of Science would continue its legislation. Otherwise, we do not par- has reflected on the critical role of the 366th studies on development of the test. ticipate. We have not been allowed to Wing in our national security structure and ac- The National Assessment Governing participate up to this point. We will knowledged that ``it must maintain peak readi- Board has recently determined that, not then. ness to respond rapidly and effectively to di- even if we should decide that the vol- We have a lot of questions to ask. We verse situations and conflicts.'' For service at untary testing should proceed, the test have hearings in February. We have a home and in the Middle East, Central Amer- cannot be sufficiently developed and hearing in March on testing. A lot of ica, and Europe, the men and women of ready to be administered until the year questions to ask. And we need a lot of Mountain Home Air Force Base have an- 2001. answers. One of those will be, who swered the call of their country; it is only right Mr. Chairman, the purpose of the pays? Who pays? They are very leery and proper that the Commander in Chief rec- proposed test is to help our students back there about who pays. Cops on the ognize this important commitment. learn and to improve their perform- beat, oh, yes, we will pay one time, and I was pleased to assist in the effort to pro- ance. A voluntary national test will de- then we are stuck. vide the President with line-item veto authority. termine whether our children possess Well, let me tell my colleagues about However, this power is significant and must be the basic skills they need to achieve the President’s budget. The President practiced with great care and attention to pre- and help their parents and teachers cuts $450 million from effective pro- serve the system of ``checks and balances'' in help them learn. But a bipartisan com- grams that operate on the local level. our Constitution. It is my hope that the Presi- promise was worked out in good faith 3 The President adds $150 million for pro- dent understands this and will in the future months ago to resolve this controver- grams that will be operated out of only exercise the veto in appropriate cases. sial issue. We do not need another reso- Washington, D.C. They have a right to At this time, I would like to express my ap- lution. ask who pays. We do it one time and preciation to Chairman PACKARD, Chairman February 5, 1998 CONGRESSIONAL RECORD — HOUSE H353

SKEEN, and the House leadership on both giving states, school districts, local commu- the national tests. As University of Kansas sides of the aisle for considering this measure nities, teachers, and parents flexibility to im- Professor John Poggio remarked in February today to overturn the President's veto. This plement policies and use resources that best of last year, ``What gets tested is what will be action today will send a strong message to the respond to the education needs of that par- taught.'' Government bureaucrats would then Senate and White House that the American ticular communityÐand not forcing them to control the curriculum of every school in the people expect careful use of the line-item adopt a national one-size-fits-all test. nation, and they would be able to alter curricu- veto. It will also demonstrate to opponents of My goals for educating our children are not lums at will by altering the national test! the line-item veto that the new law works and tied to national testing. Instead, we must main- Private schools and home schools will be is consistent with our Constitution. tain our strong commitment to education fund- affected as well, as performance on the na- Mr. RADANOVICH. Mr. Chairman, I rise ing that shifts more dollars and greater control tional tests becomes the standard by which today in support of H.R. 2846 which bars Fed- to our states, communities, parents and teach- student performance is judged. Those in pri- eral spending for planning, developing, imple- ers. vate and home schools will face increasing menting or administering national education I urge my colleagues to vote in favor of H.R. pressure to participate in national testing and testing unless such tests are specifically au- 2846. shape what is taught to fit the criteria of the thorized by Congress. Mr. PAUL. Mr. Chairman, I rise in support of tests. Passage of this bill is good for our schools. HR 2846, which forbids the use of federal National testing is a backdoor means by The President's strong support of national funds to develop or implement a National Test which the federal government can control the testing reveals serious philosophical dif- without explicit authorization from Congress. curriculum of every school in the nation. Im- ferences between many in Congress and the Supporters of protecting the United States plementation of national testing would be a Administration with regard to the role that Constitution from overreaching by the Execu- fatal blow to constitutional government and pa- teachers, parents, school board members and tive Branch should support this bill as the Ad- rental control of education. local communities play in ensuring that our ministration's plan to develop and implement a The Executive Branch has no constitutional children have the best possible opportunities national education test without Congressional authority to implement and develop a national for education available to them. authorization is a blatant violation of the con- test and the Congress has no authority to au- A national test would tell us little more than stitutional doctrine of separation of powers. thorize the test. I therefore urge my colleagues we already knowÐthat the measure of a However, support for this bill should in no to vote for H.R. 2846, which stops the Admin- child's education is determined both by the way be interpreted to imply that Congress has istration from ultimately implementing national quality of the education that the child has ac- the power to authorize national testing. After tests and oppose all legislation authorizing the cess to and the willingness and ability of that all, Congress, like the Executive and the Judi- creation of a national test. Instead, this Con- child to learn. I oppose such a test because I cial branches of government, must adhere to gress should work to restore control over their believe that we need to invest in our school- the limitations on its power imposed by the children's education to the American people children and in their education, not study United States Constitution. Although many by shutting down the federal education bu- them. seem to have forgotten this, in our system, the reaucracy and cutting taxes on America's par- Make no mistake, I think schools should limits set by the Constitution, rather than the ents so they may provide for the education of provide minimum requirements and standards will of any particular Congress, determine the their own children. of learning. However, we should not expand legitimate authority of the United States Gov- Mr. WELDON. Mr. Speaker, last year this the role of the Federal Government in edu- ernment. Congress voted 295±125 against allowing the cation to achieve this goal. Our teachers, par- The United States Constitution prohibits the federal government to establish national tests ents, school districts and local communities, executive branch from developing and imple- for education. However, President Clinton and particularly those in California's Central Valley, menting a national test, or any program deal- the Federal Department of Education continue are more capable of cultivating a better edu- ing with education. Education is not one of the to pursue their effort to establish national test- cation for our children, and in measuring that powers delegated to the Federal Government, ing. I am very disturbed, but quite frankly not education, than federal bureaucrats in Wash- and, as the ninth and tenth amendment make surprised by the President's efforts to bypass ington, D.C. Federal money is better spent on clear, the Federal Government can only act in the Congress and establish national testing. improving the conditions and quality of our those areas where there is an explicit delega- He has done this in other areas as well. schools than on a full-employment program for tion of power. Therefore, the Federal Govern- The Constitution gives the Congress, not administrators of a national education test. ment has no legitimate authority to legislate in the President, discretion over federal spend- National testing is the first step towards fur- the area of education. Rather, all matters con- ing. The Congress has not authorized the Ad- ther federal intervention and control of the cerning education, including testing, remain ministration to expend taxpayer funds on de- education of our children. In order to admin- with those best able to educate childrenÐindi- veloping or implementing a national education ister a national test, it first must be written. vidual states, local communities, and, pri- test and its is wrong for the Administration to This job, no doubt, will be performed by fed- marily, parents. pursue such efforts. eral bureaucrats in the Department of Edu- Implementation of a national test also must The American people don't want federal cation. Soon, these same individuals will be be opposed because of its primary effect: the control of education and that is exactly what setting the reading and math standards for our de facto creation of a national curriculum. national testing moves us towards. H.R. 2847 nation's schoolchildren. Next, the Department Many supporters of a national testing try to would ensure that the House Committee on of Education will want to set the curriculum of minimize this threat to local and parental sov- Education and the Workforce (the Congress) school districts and classrooms to meet those ereignty by claiming the program would be will have increased involvement and discretion standards as evaluated through the federal voluntary. However, these are many of the over this program. I am a proud cosponsor of test. same people who consider Goals 2000 a ``vol- this legislation and am hopeful that we can Mr. Speaker, we spend over $29.5 billion on untary'' program, despite the numerous times move it forward. the federal Department of Education. Accord- Goals 2000 uses the terms ``shall'' and ``must'' Unlike liberals in Washington, I believe that ing to a recent study, only 85 cents of each in describing state functions. Furthermore, states and local communities are better dollar that the department allocates for ele- whether or not schools are directly ordered to equipped to design and implement school as- mentary and secondary education actually administer the tests, schools will face pressure sessment programs because they are closer makes it to the local school district. One study to do so as colleagues and employers inevi- to the needs and abilities of their students, of a New York public school system showed tably begin to use national tests as the stand- teachers, and schools. Furthermore, national that only 43 cents of every district dollar actu- ard by which students are measure for college testing could lead to a watered-down, ineffec- ally made it into the classroom. entrance exams and entry-level jobs. At the tive test which holds everyone to lower stand- If we want to maximize our return on federal very least, schools would soon find federal, ards. It also would divert scarce federal edu- education dollars, we need to skip over the and perhaps even state, funding conditioned cation dollars away from the classrooms and bureaucracy, reject national testing and pro- upon their ``voluntary'' participation in the na- would reallocate them toward bureaucracy and vide as much funding as possible directly to tional testing program. test administrators. communities and schools. Educators will react to this pressure to en- I am very concerned about the potential that Besides shifting education funds to local sure students scored highly on the national a national test could effectively lead to the communities, it is important that we ensure test by ``teaching to the test''Ðthat is, structur- adoption of a national curriculum. In this sce- our children are given the educational choices ing the curriculum so students learn those nario, individual school districts would be com- and opportunities they deserve. This means subjects, and only those subjects covered by pelled to conform their classroom curriculum H354 CONGRESSIONAL RECORD — HOUSE February 5, 1998 to the national test in order to ensure that their as provided in sections 305 through 311 of Public is not present and make the point of students did well on the test. Educating chil- Law 105–78, the Labor, Health and Human Serv- order that a quorum is not present. ices and Education Appropriations Act, 1998, dren and giving them the skills and abilities The SPEAKER pro tempore. Evi- they need would be sacrificed so that learning funds provided to the Department of Education or to an applicable program under this Act or dently a quorum is not present. is geared toward doing well on a national test. any other Act, may not be used to develop, plan, I believe education decisions should be made implement (including pilot testing or field test- The Sergeant at Arms will notify ab- by state and local governments, not the fed- ing), or administer any federally sponsored na- sent Members. eral government. tional test in reading, mathematics, or any other The vote was taken by electronic de- Finally, many states and local communities subject that is not specifically and explicitly vice, and there were—yeas 242, nays, have done a considerable amount of work to provided for in authorizing legislation enacted develop their own standards. Florida has been into law. 174, not voting 14, as follows: ‘‘(b) EXCEPTIONS.—Subsection (a) shall not a leader in this area and has just completed [Roll No. 9] an extensive effort to improve standards and apply to the Third International Math and Science Study or other international compara- YEAS—242 implement its own state test. For the federal tive assessments developed under authority of government to thwart the extensive effort and section 406(a)(6) of the National Education Sta- Aderholt Gilman Paxon expenditure of the State of Florida is wrong Archer Goode Pease tistics Act of 1994, and administered to only a Armey Goodlatte Pelosi and should be rejected. I trust the people in representative sample of pupils in the United Bachus Goodling Peterson (MN) the State of Florida to do what is right, not the States and in foreign nations.’’. Baker Goss Peterson (PA) bureaucrats and education elite at the Federal The CHAIRMAN. During consider- Ballenger Graham Petri Department of Education in Washington. ation of the bill for amendment, the Barr Granger Pickett Mr. GOODLING. Mr. Chairman, I Barrett (NE) Greenwood Pitts Chairman of the Committee of the Bartlett Gutknecht Pombo yield back the balance of my time. Whole may accord priority in recogni- Barton Hall (TX) Porter The CHAIRMAN. All time for general tion to a Member offering an amend- Bass Hamilton Portman Bateman Hansen debate has expired. ment that he has printed in the des- Pryce (OH) Pursuant to the rule, the committee Bereuter Hastert Quinn ignated place in the CONGRESSIONAL Bilbray Hastings (WA) amendment in the nature of a sub- Radanovich RECORD. Those amendments will be Bilirakis Hayworth Ramstad stitute printed in the bill is considered considered read. Bliley Hefley Redmond as an original bill for the purpose of The Chairman of the Committee of Blunt Hill Regula Boehlert Hilleary Riggs amendment and is considered read. the Whole may postpone a request for a Boehner Hobson The text of the committee amend- Riley recorded vote on any amendment and Bonilla Hoekstra Roemer ment in the nature of a substitute is as may reduce to a minimum of 5 minutes Boyd Holden Rogan Brady Horn follows: the time for voting on any postponed Rogers H.R. 2846 Bryant Hostettler Rohrabacher question that immediately follows an- Bunning Houghton Be it enacted by the Senate and House of Rep- Ros-Lehtinen other vote, provided that the time for Burr Hulshof Roukema resentatives of the United States of America in voting on the first question shall be a Buyer Hunter Royce Congress assembled, Callahan Hutchinson Ryun minimum of 15 minutes. Calvert Hyde SECTION 1. FINDINGS. Are there any amendments? Salmon The Congress finds the following: Camp Inglis Sanford (1) High State and local standards in reading, If not, the question is on the commit- Campbell Jenkins Saxton mathematics, and other core academic subjects tee amendment in the nature of a sub- Canady John Scarborough Castle Johnson, Sam Schaefer, Dan are essential to the future well-being of elemen- stitute. Chabot Jones Schaffer, Bob tary and secondary education in this country. The committee amendment in nature Chambliss Kaptur Sensenbrenner (2) State and local control of education is the Chenoweth Kasich of a substitute was agreed to. Sessions hallmark of education in the United States. Christensen Kelly The CHAIRMAN. Under the rule, the Shadegg (3) Each of the 50 States already utilizes nu- Coble Kim Committee rises. Shaw merous tests to measure student achievement, Coburn King (NY) Shays Accordingly, the Committee rose; Collins Kingston including State and commercially available as- Shimkus and the Speaker pro tempore (Mr. Combest Kleczka sessments. State assessments are based primarily Shuster Condit Klug upon State and locally developed academic MCHUGH) having assumed the chair, Sisisky Cook Knollenberg Mr. EWING, Chairman of the Committee Skeen standards. Cooksey Kolbe (4) Public Law 105–78, the Labor, Health and of the Whole House on the State of the Cox LaHood Smith (MI) Human Services and Education Appropriations Union, reported that that Committee, Crane Largent Smith (NJ) Act, 1998, ensures that Federal funds may not be Crapo Latham Smith (OR) having had under consideration the bill Smith (TX) used to field test, pilot test, implement, admin- (H.R. 2846) to prohibit spending Federal Cubin LaTourette ister, or distribute in any way, any federally Cunningham Lazio Smith, Linda Snowbarger sponsored national test in fiscal year 1998, re- education funds on national testing Danner Leach without explicit and specific legisla- Davis (VA) Lewis (CA) Solomon quires the National Academy of Sciences to con- Souder duct a study to determine whether an equiva- tion, pursuant to House Resolution 348, Deal Lewis (KY) DeFazio Linder Spence lency scale can be developed that would allow he reported the bill back to the House DeLay Lipinski Stearns existing tests to be compared one to another, with an amendment adopted by the Diaz-Balart Livingston Stenholm and permits very limited test development activi- Committee of the Whole. Dickey LoBiondo Strickland ties in fourth grade reading and eighth grade The SPEAKER pro tempore (Mr. Doolittle Lucas Stump Doyle Manzullo Sununu mathematics in fiscal year 1998. MCHUGH). Under the rule, the previous (5) There is no specific or explicit authority in Dreier McCollum Talent current Federal law authorizing the proposed question is ordered. Duncan McCrery Tauzin Taylor (MS) federally sponsored national tests in fourth The question is on the committee Dunn McDade amendment in the nature of a sub- Ehlers McHugh Taylor (NC) grade reading and eighth grade mathematics. Thomas (6) The decision of whether or not this coun- stitute. Ehrlich McInnis Emerson McIntosh Thornberry try implements, administers, disseminates, or The committee amendment in the English Metcalf Thune otherwise has federally sponsored national tests nature of a substitute was agreed to. Ensign Mica Tiahrt in fourth grade reading and eighth grade math- The SPEAKER pro tempore. The Evans Miller (FL) Traficant ematics or any other subject, will be determined question is on the engrossment and Everett Mollohan Turner Upton primarily through the normal legislative process third reading of the bill. Ewing Moran (KS) involving Congress and the respective authoriz- Fawell Morella Walsh The bill was ordered to be engrossed Wamp ing committees. Foley Myrick and read a third time, and was read the Fossella Nethercutt Watkins SEC. 2. PROHIBITION ON FEDERALLY SPON- Fowler Neumann Watts (OK) SORED TESTING. third time. The SPEAKER pro tempore. The Fox Ney Weldon (FL) Part C of the General Education Provisions Franks (NJ) Northup Weldon (PA) Act is amended by adding at the end the follow- question is on the passage of the bill. Frelinghuysen Norwood Weller ing: The question was taken; and the Gallegly Nussle White ‘‘§ 447. Prohibition on federally sponsored test- Speaker pro tempore announced that Ganske Oxley Whitfield Gekas Packard Wicker ing the ayes appeared to have it. Gibbons Pappas Wolf ‘‘(a) GENERAL PROHIBITION.—Notwithstanding Mr. CLAY. Mr. Speaker, I object to Gilchrest Parker Young (AK) any other provision of Federal law and, except the vote on the ground that a quorum Gillmor Paul Young (FL) February 5, 1998 CONGRESSIONAL RECORD — HOUSE H355 NAYS—174 The SPEAKER pro tempore. Is there friend, pending which I yield myself Abercrombie Gutierrez Oberstar objection to the request of the gentle- such time as I may consume. During Ackerman Harman Obey woman from California? consideration of this resolution, all Allen Hastings (FL) Olver Andrews Hefner Ortiz There was no objection. time yielded is for debate purposes Baesler Hilliard Owens f only. Baldacci Hinchey Pallone (Mr. SOLOMON asked and was given Barcia Hinojosa Pascrell AUTHORIZING THE CLERK TO permission to revise and extend his re- Barrett (WI) Hooley Pastor MAKE CORRECTIONS IN EN- Bentsen Hoyer Payne marks and include extraneous mate- Berman Jackson (IL) Pomeroy GROSSMENT OF H.R. 2846, PROHI- rial.) Berry Jackson-Lee Poshard BITION ON FEDERALLY SPON- Mr. SOLOMON. Mr. Speaker, this Bishop (TX) Price (NC) SORED NATIONAL TESTING Blagojevich Jefferson Rahall resolution is a closed rule providing for Blumenauer Johnson (CT) Rangel Mr. GOODLING. Mr. Speaker, I ask consideration of S. 1575, which is a bill Bonior Johnson (WI) Reyes unanimous consent that in the engross- to rename the Washington National Borski Johnson, E. B. Rivers Airport as the, and listen carefully, as Boswell Kanjorski Rodriguez ment of the bill, H.R. 2846, the Clerk be Boucher Kennedy (MA) Rothman authorized to make technical correc- the Ronald Reagan Washington Na- Brown (CA) Kennedy (RI) Roybal-Allard tions and conforming changes to the tional Airport. That will be the name Brown (FL) Kennelly Rush bill. of the airport, if this bill passes. Brown (OH) Kildee Sabo The rule provides for 1 hour of debate Cardin Kind (WI) Sanchez The SPEAKER pro tempore (Mr. Carson Kucinich Sanders QUINN). Is there objection to the re- equally divided and controlled by the Clay LaFalce Sandlin quest of the gentleman from Pennsyl- chairman and ranking member of the Clayton Lampson Sawyer Committee on Transportation. The Clement Lantos Schumer vania? Clyburn Levin Scott There was no objection. rule also provides that the bill shall be Conyers Lewis (GA) Serrano f considered as read. Finally, the bill Costello Lofgren Sherman provides 1 motion to recommit. Coyne Lowey Skaggs Mr. Speaker, the passage of this rule Cramer Luther Skelton GENERAL LEAVE Cummings Maloney (CT) Slaughter Mr. GOODLING. Mr. Speaker, I ask will bring us one step closer to finish- Davis (FL) Maloney (NY) Smith, Adam unanimous consent that all Members ing the task of renaming the National Davis (IL) Manton Snyder Airport after a truly great American DeGette Markey Spratt may have 5 legislative days within Delahunt Martinez Stabenow which to revise and extend their re- and an outstanding President, Ronald DeLauro Mascara Stark marks on H.R. 2846, the bill just passed. Wilson Reagan. Deutsch Matsui Stokes The SPEAKER pro tempore. Is there At this time I include for the RECORD Dicks McCarthy (MO) Stupak 2 articles, one which appeared back in Dingell McCarthy (NY) Tanner objection to the request of the gen- Dixon McDermott Tauscher tleman from Pennsylvania? 1993 by myself in the CONGRESSIONAL Doggett McGovern Thompson There was no objection. RECORD, and the other by Donald Dooley McHale Thurman Devine, the former Director of the U.S. Edwards McIntyre Tierney f Engel McKinney Torres Office of Personnel Management that Etheridge McNulty Towns REMOVAL OF NAME OF MEMBER appeared in today’s papers. Farr Meehan Velazquez AS COSPONSOR OF H.R. 2021 A TRIBUTE TO RONALD REAGAN Fattah Meek (FL) Vento Fazio Menendez Visclosky Mr. LIPINSKI. Mr. Speaker, I ask (By Hon. Jerry Solomon) Filner Millender- Waters unanimous consent to have my name The SPEAKER pro tempore. Under the Forbes McDonald Watt (NC) removed as a cosponsor of H.R. 2021. Speaker’s announced policy of January 4, Ford Miller (CA) Waxman 1995, the gentleman from New York, [Mr. Frank (MA) Minge Wexler The SPEAKER pro tempore. Is there SOLOMON] is recognized for 60 minutes as the Frost Mink Weygand objection to the request of the gen- Furse Moakley Wise designee of the majority leader. Gejdenson Moran (VA) Woolsey tleman from Illinois? Mr. SOLOMON. Mr. Speaker, I take this Gephardt Murtha Wynn There was no objection. special order tonight to pay tribute to a Gordon Nadler Yates f great American, the greatest American that Green Neal I have ever known, and that is President NOT VOTING—14 RONALD REAGAN WASHINGTON Ronald Reagan. As you know, I had intended to hold this event last night as a birthday Becerra Gonzalez Klink NATIONAL AIRPORT present for the former President, but the Burton Hall (OH) McKeon Mr. SOLOMON. Mr. Speaker, by di- Cannon Herger Pickering House was occupied on an even better birth- Dellums Istook Schiff rection of the Committee on Rules, I day present, passage of the line item veto. Eshoo Kilpatrick call up House Resolution 349 and ask And what better birthday present could be for its immediate consideration. offered to the President and to Mrs. Reagan b 1250 The Clerk read the resolution, as fol- than to complete the unfinished business of Mr. SNYDER changed his vote from lows: the Reagan revolution? ‘‘yea’’ to ‘‘nay.’’ I know I speak for every Member of this H. RES. 349 House, Mr. Speaker, and virtually all Ameri- Mr. EVANS changed his vote from Resolved, That upon the adoption of this cans in offering President Reagan and his be- ‘‘nay’’ to ‘‘yea.’’ resolution it shall be in order to consider in loved First Lady, Nancy, our prayers and our So the bill was passed. the House the bill (S. 1575) to rename the very best wishes on this very wonderful occa- The result of the vote was announced Washington National Airport located in the sion. as above recorded. District of Columbia and Virginia as the Mr. Speaker, what do you get for the man A motion to reconsider was laid on ‘‘Ronald Reagan Washington National Air- who has everything, so that saying goes? the table. port’’. The bill shall be considered as read for Well, Mr. Speaker, as we observe President amendment. The previous question shall be Reagan’s birthday, a better question is how f considered as ordered on the bill to final pas- do we appropriately honor a man who has sage without intervening motion except: (1) done so much for us, for our country and for PERSONAL EXPLANATION one hour of debate equally divided and con- the cause of freedom around the world? Our Mr. ISTOOK. Mr. Speaker, on rollcall trolled by the chairman and ranking minor- tribute this evening should extend beyond ity member of the Committee on Transpor- No. 9, I was unavoidably detained en the President’s accomplishments in office, tation and Infrastructure; and (2) one motion although they are numerous, too numerous route by traffic. Had I been present, I to recommit. to mention here tonight. would have voted ‘‘yea’’. The SPEAKER pro tempore. The gen- Let us examine Ronald Reagan’s record f tleman from New York (Mr. SOLOMON) with the benefit of historical reflections. The is recognized for 1 hour. story has been told that during his darkest PERSONAL EXPLANATION hours, President Nixon was reassured by Mr. SOLOMON. Mr. Speaker, for the those around him that history would treat Ms. PELOSI. Mr. Speaker, on roll purposes of debate only, I yield 30 min- him well. Ever sharp and skeptical, Presi- call vote 9, I inadvertently voted utes to the gentleman from Massachu- dent Nixon shot back, ‘‘That depends on who ‘‘aye.’’ I intended to vote ‘‘no.’’ setts (Mr. MOAKLEY), my very good is writing the history.’’ In the case of Ronald H356 CONGRESSIONAL RECORD — HOUSE February 5, 1998 Reagan, Mr. Speaker, most of those writing Eventually this deployment and a policy He never offended us with staged prayers the history of his Presidency have done ev- called Peace Through Strength, Mr. Speaker, or phony flag placements. He words and his erything in their power to turn light into that you and I helped to formulate, forced gestures were all genuine, and, as proud as darkness, achievement into failure and hope the Soviets to the bargaining table. The re- we should be of his many accomplishments, into despair. sult in 1987 was the IMF Treaty, the first Mr. Speaker, it is a sad commentary that it Those of us who stood shoulder to shoulder agreement to eliminate an entire class of took over 5 years longer, over 5 years longer, with Ronald Reagan from the very beginning weapons. Ronald Reagan turned out to be to tear down the wall of resistance to the are here today on the occasion of his 84th right on that issue. line-item veto and the balanced budget birthday to say that we are not going to let It was Ronald Reagan who armed freedom amendment. It took 5 years longer than it them get away with it anymore. fighters in Afghanistan and in Nicaragua, al- did to tear down the Berlin Wall and the Iron Ronald Reagan’s views now occupy the lowing those nations to determine the course of Curtain. center, the main street, of American politics. their own destiny. Ronald Reagan was right. Ronald Reagan inspired a generation of Look at some recent House votes, the bal- It was Ronald Reagan who said this coun- young people to ignore the cynical bombard- anced budget amendment passed this House try had a moral obligation to defend its citi- ment of the media and hold dear the Amer- by 300 to 132; unfunded mandates reform to zens from nuclear attach, and that we had to ican heritage: ‘‘hopeful, big-hearted, ideal- implement the new federalism Ronald strive for something better than that and istic, daring, decent and fair,’’ as he de- Reagan espoused passed this House by a vote the same policy of mutually assured destruc- scribed it during his second inaugural ad- of 360 to 74, and the line item veto just the tion with weapons aimed at every city in dress. other day, 294 yeses to only 134 noes. All of America. He said we must work for the day Mr. Speaker, last night 1,000 supporters these measures passed with substantial when nuclear missiles were no longer pointed turned out for a birthday party, including Democratic support from the other side of at American cities. the former British Prime Minister Maggie the aisle as well, good conservative Demo- But the experts laughed, and they ridi- Thatcher, that I attended along with many crats voting for the Ronald Reagan programs culed. ‘‘This is nothing more than a naive of you to pay tribute to this great President that we were unable to deliver a number of daydream of a silly old man.’’ Do you re- Ronald Reagan. We were so fortunate to years ago. member reading those headlines by the lib- have him as our President during that period And, yes, Mr. Speaker, throughout the pro- eral press in this country? But you know of time in the history of our country, and at ceedings of the 104th Congress and, indeed, what, again, Ronald Reagan was right. Presi- this time I would yield to a Democrat, one of through the election of 1996, coming up, a dent Reagan pointed out from the start that the finest Members of this House, the gen- history debate has been resolved in favor of the Soviet system was morally and finan- tleman from California (Mr. CONDIT). He is the ideals articulated by President Reagan cially bankrupt. Such a system, he argued, an outstanding Member. and his remarkable vision. could not bear the cost of occupying Eastern Over the last 15 years, President Reagan’s Europe. POACHING ON REAGAN’S LEGACY goals were subject to the most robust scru- What was the ultimate result of Ronald (By Donald Devine) tiny that our system of democracy has to Reagan’s Peace Through Strength policies? offer. During the 1994 election, some liberal Well, as Ronald Reagan used to say, the So- As Ronald Reagan celebrates his 87th Democrats even campaigned against the viet Union collapsed and captured nations all birthday tomorrow, he is recognized now Contract With America on the basis that the around this world were freed from the atheis- even by most of his critics as the most influ- contract was a continuation of what, of the tic tyranny of the tentacles of communism. ential president since Franklin Roosevelt. Reagan legacy. Can you imagine? Once again. Ronald Reagan was right. Bill Clinton—struggling for mere survival— Well, Mr. Speaker, the actions of this Con- It was Ronald Reagan who stood under the still tries rhetorically to denigrate this gress are evidence that President Reagan’s shadow of the Berlin Wall, which you all re- record. But he adds his unacknowledged ac- legacy has not just endured that test of scru- member, and said, ‘‘Mr. Gorbachev, tear down quiescence by the facts of his puny budget tiny and criticism but that it flourishes this wall.’’ I will never forget his saying that. increases—his voice is forced to request mil- today to the benefit of all Americans. The experts laughed again, and decried his lions and will acquire less, while his heart It is useful to look back, however, in order pleas as a public relations stunt. Do you re- lusts billions—and his abject submission to to more fully savor and appreciate President member that? But Ronald Reagan was right his predecessor’s vision, by his concession: Reagan’s vision. American morale in the again as he always was. Ronald Reagan en- ‘‘The era of big government is over.’’ 1970’s, think back, could not have been couraged us to maintain a strong defense in As Lady Thatcher put it in her Heritage lower. President Jimmy Carter declared us case the United States was forced to defend Foundation lecture, while it is ‘‘an irony in a state of malaise. Ronald Reagan’s Presi- its interests in any remote corner of the that it is an administration of instinctive dency was what turned things around. Ron- globe, and after all, that is the reason this spenders and regulators that now is reaping ald Reagan’s economic policies triggered the Republic of States was formed, to provide for much of the political reward,’’ the unmistak- largest and longest peacetime extension of a common defense, to protect America’s in- able fact is that ‘‘today’s American prosper- our economy in the history of this Nation. terests around the world. ity in the late 1990s is the result, above all, Nineteen million new jobs were created. Given this, should anyone really be sur- of the fundamental shift of direction Presi- Incomes grew at all levels and new industries prised that our Armed Forces performed so dent Reagan promoted in the 1980s.’’ Succes- and technologies flourished and exports ex- well during the Persian Gulf war? President sor conservative leaders in both his and her ploded. Why? Because President Reagan, he Bush and General Schwartzkopf were able to countries first departed from this program cut taxes, he slowed the growth of domestic lead our troops magnificently and to bring and then were frustrated that they were un- spending and regulation, and he restored them home with astonishingly low casual- able to re-create it. faith in what he liked to call the magic of ties. Do you remember that? Once again, Yet, if Ronald Reagan himself ran in the the marketplace. Ronald Reagan was right. Those of us who year 2000, he would not run on the Reagan That magic then caught on all around the served in the House at the time and fought platform. Despite the plethora of rightist globe. Remember, my colleagues, the world President Reagan’s fights right here on this leaders trying to poach the Reagan legacy, it in 1980 was a very different place than it is floor were so proud to do so. is too late: His set of policies is passe. All today. The Soviet Union was continuing a I was honored that President Reagan conservatives can learn from President massive arms buildup, bolstering the for- signed my legislation to create the Depart- Reagan now is his basic philosophy and his midable number of missiles already pointed ment of Veterans Affairs so that we could character. As Dinesh D’Souza puts it in his at the West, and at cities right here in the guarantee that, with an all-volunteer mili- new book, ‘‘Ronald Reagan: How an Ordinary United States of America. Soviet troops were tary, it would work. Man Became an Extraordinary Leader,’’ it is marching literally through Afghanistan. Do As a member of the House Committee on sufficient to learn that he ‘‘had a vision for you remember that? Eastern Europe suffered Foreign Affairs. I was so, proud to carry his America, he was not afraid to act, and he be- under the boot of totalitarian regimes, and water for a foreign policy respected around lieved in the good sense and decency of the the Berlin Wall scarred the face of Europe. the world by friends and foe alike, and it was American people.’’ Vision, courage, good The United States military was described a privilege to join these battles, looking sense and decency were the essence of Ron- back in those days as a hollow force, and our back at the enormous good that came of ald Reagan, as they were of his view of citizens were held hostage by thugs in a those policies. But, Mr. Speaker, more than America. While he deeply valued the con- place call Iran. Do you remember that? any specific policy, we must salute Ronald servative values of the Founders, what made Our world today contains pockets of insta- Reagan’s ability to bring out the best in us him such a leader was his courage and good bility, but the simple fact is that democratic as a nation. He consoled us on the evening of sense, including being able to see the world tide that has swept this globe in the last 5 the Challenger disaster. Do you remember both clearly as it was and idealistically as it years is a direct result of Ronald Reagan’s that? It was a sad day in our history. should be. Presidency. The man and his policies were And on the 40th anniversary of the D-Day There is much talk about optimism being essential to freedom’s march across this landing. Mr. Speaker, President Reagan the secret of President Reagan’s success. But globe. It was Ronald Reagan who faced down painted a vivid picture of the scene on that it was not a sunny optimism that skirted the nuclear freezeniks in this Congress and day and genuinely proposed that we, we dedi- tough issues. As Mr. D’Souza documents, he in Western Europe by deploying the Pershing cate ourselves to the cause for which those often went courageously against literally all II in West Germany. soldiers gave a last full measure of devotion. ‘‘expert’’ opinion, not only on obviously big February 5, 1998 CONGRESSIONAL RECORD — HOUSE H357 issues such as his refusal to concede the cational skills in the near-monopoly govern- into law in 1986 ceding management respon- Strategic Defense Initiative to get an arms ment schools as a result, not of oversight, sibility of this very airport to the Metropolitan agreement with the Soviet Union but also but of a plan to de-emphasize these skills be- Washington Airport Authority. when he boldly confronted Libya, invaded cause failure to master them might cause I want to add, Mr. Speaker, that the respon- Grenada, shut down the air controllers lower self-esteem. union, and even refused to cancel his visit to Even for those lucky enough to have a sibility that President Reagan so wisely hand- the Bitburg cemetery. Contrary to those who family, good education and a real job, leisure ed over to the local airport authority includes now see him as assertive generally in foreign is polluted with senseless violence, amoral the right to change the name of the airport policy, he was also prudent enough to be al- entertainment and vile behavior from a lit- and the right to keep the name just as it is. most disengaged on major foreign issues like tle box in this own homes. So I do not believe we do President Rea- South Africa, Chile and Haiti. He had enor- What is more important than kids and gan's philosophy of empowering localities any mous courage to act and the prudence not to family, friends and neighbors, and one’s own living space? Official complacency about justice by completely ignoring their wishes on risk American treasure nor blood unless ab- the name of their airport. solutely necessary. them is why polls show Americans are still While President Reagan will be most re- dissatisfied in the midst of one of the great- The Airport Authority does not want the membered for his critical role in ending the est economic expansions in history. When name changed, the county of Arlington does Cold War, his domestic legacy of taming the that economic bubble bursts, as it soon will not want the name changed, the Greater welfare state might be greater in the long (probably from Asian economic flu), Reagan- Washington Board of Trade does not want the run. Many thought he lacked courage here like tax and regulatory policy will help re- name changed, and the Congressman who and even Mr. D’Souza believes he did not re- vive the economy. But conservatives need a program for the represents the district in which the airport is duce domestic spending. Yet, the facts show located does not want the name changed. he reduced non-defense spending hundreds of more fundamental problems too. Real wel- billions, from 17.9 to 16.4 percent of gross na- fare reform, private and charter school I'm not sure if my Republican colleagues re- tional product. Indeed, a return to the voucher scholarships, the strengthening of alize it Mr. Speaker but if they vote to change Founders’ idea of limited government was private institutions by letting them have the name of this airport, it will be the first time equal to his passion against the evil empire. more of their own money to spend on their ever that Congress has named a building At his first Inaugural he was clear he ‘‘was own children, families and neighbors, and de- against the wishes of the local representative. not cutting government spending just to termined presidential moral leadership to And my very good friend Mr. MORAN has save money, but to return power to states, tell Hollywood we simply will not tolerate been extremely patient and thorough in his ar- communities and citizens.’’ Consequently, such filth, is a Reagan program to both ful- fill his legacy and celebrate his birthday guments on behalf of his constituents despite William Kristol and David Brooks’ National this bullying and we should respect him as Greatness Conservatism, when it claims ‘‘the properly. revitalization of our local civic culture de- Happy birthday, Mr. President, we miss each of us would expect to be respected. pends, ultimately, on our national political you. Because, Mr. Speaker today we must let JIM health,’’ and that ‘‘America won’t be good Mr. SOLOMON. Mr. Speaker, I re- MORAN speak for the 8th District of Virginia locally if it isn’t great nationally,’’ has it serve the balance of my time. lest tomorrow someone try to speak for any quite backward in the Reagan philosophy. To Mr. MOAKLEY. Mr. Speaker, I thank one of us. Ronald Reagan, it is communities and indi- the gentleman from New York (Mr. I urge my colleagues to defeat this closed vidual that make us great. SOLOMON), my colleague and my dear rule, it is unfair, it contradicts the very ideas Virginia I. Postrel and James K. Glassman friend and chairman of the Committee President Reagan espoused, and it does not were closer when they responded that on Rules, for yielding me the cus- do justice to the memory of one of this cen- Kristol-Brooks conservatives ‘‘confuse small tomary half-hour, and I yield myself government with no government and neutral turies most loved Presidents. government with vice.’’ Lacking faith in such time as I may consume. Mr. Speaker, I yield back the balance non-governmental and community institu- (Mr. MOAKLEY asked and was given of my time. tions to solve problems, ‘‘national-greatness permission to revise and extend his re- Mr. SOLOMON. Mr. Speaker, I yield conservatives are desperately seeking the marks and include extraneous mate- back the balance of my time, and I moral equivalent of the Cold War’’ to keep rial.) move the previous question on the res- the national government busy. Yet, Postrel- Mr. MOAKLEY. The chairman of the olution. Glassman’s emphasis upon individual happi- Committee on Rules and the chairman The previous question was ordered. ness, private pursuits and avoiding ‘‘gloom of the authorizing committee, we have The resolution was agreed to. and doom’’ at all costs, is at variance with all agreed that we fought this battle A motion to reconsider was laid on the urgency with which Ronald Reagan yesterday, and so I rise in opposition to viewed America’s departure from limited the table. government and how difficult he thought it this closed rule, and I rise in opposition Mr. SHUSTER. Mr. Speaker, pursu- would be to rebuild private institutions. For to the idea of changing the name of the ant to House Resolution 349, I call up he believed big government had grievously local airport against the wishes of the the Senate bill (S. 1575) to rename the wounded the nation and he had a sense of ur- people it serves. Washington National Airport located gency for its reform. I will submit the rest of my state- in the District of Columbia and Vir- Ronald Reagan was and still would be ment at this point in the RECORD. ginia as the ‘‘Ronald Reagan Washing- moved by the fact that 1 out of 3 American I thank my colleague from New York, my ton National Airport,’’ and ask for its children are born to unmarried mothers and very good friend Mr. SOLOMON, for yielding me that, for the first time in history, these ac- immediate consideration. cumulating 1.2 millions per year will not the customary half hour and I yield myself The Clerk read the title of the Senate have a family to guide them. His solution such time as I may consume. bill. would not be some Clinton-Light additional Mr. Speaker, I rise in opposition to this The SPEAKER pro tempore. Pursu- millions to some silly, bureaucratic child- closed rule and in opposition to the idea of ant to House Resolution 349, the Senate care program but an urgent desire to break changing the name of a local airport against bill is considered read for amendment. the government-supported incentives in wel- the wishes of the people it serves. The text of the Senate bill is as fol- fare that reward this behavior. Mr. Speaker as I said yesterday, I have lows: Unlike members of Congress prematurely every respect for former President Reagan. S. 1575 claiming success, he would face the fact He had an enormous impact on this country that, at the last moment, the Republicans Be it enacted by the Senate and House of Rep- caved on the largest part of welfare and and he deserves to be remembered. resentatives of the United States of America in dropped Medicaid reform; and they later And this bill the Senate bill which leaves the Congress assembled, kept silent when President Clinton, paying name Washington National Airport and tacks SECTION 1. REDESIGNATION. off his public sector union friends, doomed on Ronald Reagan at the beginning is a slight The airport described in the Act entitled workfare by not allowing those on welfare to improvement over yesterdays. ‘‘An Act to provide for the administration of get their most likely job, on a government But the fact remains this Congress is still the Washington National Airport, and for payroll. proposing renaming an airport despite very other purposes’’, approved June 29, 1940 (54 Mr. Reagan would not claim success on strong local opposition this Congress is pro- Stat. 686), and known as the Washington Na- tional Airport, shall be known and des- education because the GOP spent as much as posing having the Federal Government run Mr. Clinton but face the fact that only 40 ignated as the ‘‘Ronald Reagan Washington percent of eighth grade urban children have roughshod over the local airport authority National Airport’’. basic reading, math or science skills. More President Reagan never would have done SEC. 2. REFERENCES. shocking, only 60 percent of suburban stu- that. (a) IN GENERAL.— dents have. That is, even 40 percent in the Today's action Mr. Speaker, is despite the (1) The following provisions of law are prosperous areas are not taught basic edu- bill which President Reagan himself signed amended by striking ‘‘Washington National H358 CONGRESSIONAL RECORD — HOUSE February 5, 1998 Airport’’ each place it appears and inserting b 1300 may have 5 legislative days within ‘‘Ronald Reagan Washington National Air- So the Board of Trade’s assessment is which to revise and extend their re- port’’: probably an understatement, that it marks and include extraneous material (A) Subsection (b) of the first section of on S. 1575, the Senate bill just passed. the Act of June 29, 1940 (54 Stat. 686, chapter would be confusing and expensive. The 444). total amount might be in millions of The SPEAKER pro tempore. Is there (B) Sections 106 and 107 of the Act of Octo- dollars for new ad campaigns to associ- objection to the request of the gen- ber 31, 1945 (59 Stat. 553, chapter 443). ate the airport’s new name with the lo- tleman from Pennsylvania? (C) Section 41714 of title 49, United States cation it serves. There was no objection. Code. We felt it was ironic that part of f (D) Chapter 491 of title 49, United States President Reagan’s legacy was the suc- REMOVAL OF NAME OF MEMBER Code. cessful transfer to local control of (2) Section 41714(d) of title 49, United AS COSPONSOR OF HOUSE CON- Washington National Airport. All of States Code, is amended in the subsection CURRENT RESOLUTION 182 the locality organizations and the local heading by striking ‘‘WASHINGTON NATIONAL Mr. DAVIS of Virginia. Mr. Speaker, AIRPORT’’ and inserting ‘‘RONALD REAGAN governments oppose this. I ask unanimous consent that my name WASHINGTON NATIONAL AIRPORT’’. But I think at this stage in the proc- (b) OTHER REFERENCES.—Any reference in a ess, Mr. Speaker, that we want to also be removed as a cosponsor of House law, map, regulation, document, paper, or be clear that it is entirely appropriate Concurrent Resolution 182. other record of the United States to the to give some positive recognition to The SPEAKER pro tempore. Is there Washington National Airport shall be Ronald Reagan on his birthday. We felt objection to the request of the gen- deemed to be a reference to the ‘‘Ronald it was not the appropriate recognition; tleman from Virginia? Reagan Washington National Airport’’. There was no objection. The SPEAKER pro tempore. Pursu- but, given the fact that the majority of f ant to House Resolution 349, the gen- the Congress has spoken, I do not think that it would be appropriate to force tleman from Pennsylvania (Mr. SHU- DISAPPROVING THE CANCELLA- people to go through what has got to be STER) and the gentleman from Min- TIONS TRANSMITTED BY PRESI- an embarrassing situation for the nesota (Mr. OBERSTAR), each will con- DENT ON OCTOBER 6, 1997, RE- trol 30 minutes. Reagan family and for everyone who GARDING PUBLIC LAW 105–45— The Chair recognizes the gentleman wants to find an appropriate way to VETO MESSAGE FROM THE memorialize President Reagan. from Pennsylvania (Mr. SHUSTER). PRESIDENT OF THE UNITED He will be memorialized soon with Mr. SHUSTER. Mr. Speaker, I yield STATES myself such time as I may consume. the new Federal trade building, the air- Mr. PACKARD. Mr. Speaker, I ask All we are doing here today is adding craft carrier and so on. But if this is unanimous consent that the Commit- the word ‘‘Washington’’ to the legisla- the wishes of the majority, then we tee on Appropriations be discharged tion that we passed yesterday. Yester- will not ask for a recommittal. We will from further consideration of the veto day we passed legislation renaming the not ask for a rollcall vote. We will just message and the bill (H.R. 2631) dis- airport the Ronald Reagan National ask that in the future, that the inter- approving the cancellations transmit- Airport. We are taking the Senate ver- ests of the minority, and particularly ted by the President on October 6, 1997, sion, which inserts the name ‘‘Wash- of local governments, gain greater re- regarding Public Law 105–45, from the ington’’ and makes it the Ronald spect from the majority so that in the President of the United States. Reagan Washington National Airport. future we can be more consistent with The SPEAKER pro tempore. Is there By agreement with our friends on the what we thought was President Rea- objection to the request of the gen- other side, we do not expect a rollcall gan’s underlying philosophy that local governments ought to have greater say tleman from California? vote on this matter and expect it to in the things that affect their daily There was no objection. move expeditiously. (For veto message, see proceedings of Mr. Speaker, I reserve the balance of lives. So, with that, Mr. Speaker, I will sit the House of November 13, 1997, Part II, my time. Mr. OBERSTAR. Mr. Speaker, I yield down. I will not fight this battle again, at page H10942.) myself such time as I may consume. at least this year. Maybe people will The SPEAKER pro tempore. The un- I rise in opposition to the conference recognize that what goes around can finished business is the further consid- report for all the reasons I articulated come around. But at this point, I think eration of the veto message of the yesterday, and without recapitulating the majority of this body would like to President on the bill (H.R. 2631) dis- them, I yield such time as he may con- put this issue to rest and go home and approving the cancellations transmit- sume to the gentleman from Virginia try to deal with more constructive ted by the President on October 6, 1997, issues in the future. (Mr. MORAN). regarding Public Law 105–45. Mr. MORAN of Virginia. Mr. Speak- Mr. OBERSTAR. Mr. Speaker, I have The question is, Will the House, on er, I thank the gentleman from Min- no further requests for time, and I reconsideration, pass the bill, the ob- yield back the balance of my time. nesota (Mr. OBERSTAR) for yielding me jections of the President to the con- Mr. SHUSTER. Mr. Speaker, I read in this time. trary notwithstanding? the morning papers that the President I think that a recommittal would The gentleman from California (Mr. has said he will sign this bill. And, have been in order today personally, PACKARD) is recognized for 1 hour. with that comment, I yield back the but we had a full debate yesterday. We Mr. PACKARD. Mr. Speaker, I yield balance of my time. the customary 30 minutes to the gen- understand that the majority of this The SPEAKER pro tempore (Mr. Congress has chosen to rename this tleman from North Carolina (Mr. HEF- THORNBERRY). All time for debate has airport, and we respect the majority, NER) for purposes of debate only, pend- expired. ing which I yield myself such time as I obviously. The bill is considered read for amend- may consume. I do want to take a couple minutes ment and, pursuant to House Resolu- here, because I do think that it should tion 349, the previous question is or- GENERAL LEAVE be said for the record that renaming dered. Mr. PACKARD. Mr. Speaker, I ask this airport does constitute an un- The Senate bill was ordered to be unanimous consent that all Members funded Federal mandate on local gov- read a third time, was read the third may have 5 legislative days within ernments. The cost involves more than time, and passed, and a motion to re- which to revise and extend their re- just changing a few signs and reprint- consider was laid on the table. marks on the veto message and the ing stationery. Millions have been in- A similar House bill (H.R. 2625) was bill, H.R. 2631, from the President of vested by the local governments, the laid on the table the United States, and that they may private sector, the airlines, the travel f include tabular and extraneous mate- hospitality industries to promote this rials. region and identify Washington Na- GENERAL LEAVE The SPEAKER pro tempore. Is there tional as the gateway to the Nation’s Mr. SHUSTER. Mr. Speaker, I ask objection to the request of the gen- capital. unanimous consent that all Members tleman from California? February 5, 1998 CONGRESSIONAL RECORD — HOUSE H359 There was no objection. Mr. HEFNER. Mr. Speaker, I yield As the chief proponent and the au- Mr. PACKARD. Mr. Speaker, I rise to myself such time as I may consume. thor of the line item veto, and I believe urge all Members to vote to override This is a first for this committee. We very strongly in it, the line item veto the President’s veto of H.R. 2631, a bill have worked very diligently in the past was written to give any President, re- disapproving the President’s line item years when I was the chairman of the gardless of party, the authority to vetoes of the Military Construction Ap- committee and we worked with staff. highlight questionable spending provi- propriations bill. The staff did a tremendous job. We had sions in omnibus bills in his judgment. Mr. Speaker, I do this for three sim- hearings. We had people come in from Likewise the law was written specifi- ple reasons. First, in his first-ever use all of the services, and we worked to- cally to protect Congress’s ability to of the line-item veto on an appropria- gether as a bipartisan group to put to- defend its spending decisions and prior- tions bill, the President used this new gether what we thought were bills over ities by providing for expedited consid- power in this instance carelessly and the past years that were in the best in- eration of bills to disapprove of the casually without doing his home work. terest of our men and women in serv- President’s actions and, if subse- The administration did not even con- ice. quently vetoed, to use the constitu- sult with the Pentagon. We have had to fight some difficult tional process to override that veto. The administration admitted making battles because our budget has been This is stage four in the line item several mistakes. The President said he shrunk, and we have actually been in veto process. First Congress passed the would correct these mistakes by put- free fall for a few years, and we are not military construction appropriations ting these projects in the fiscal year even up to what we were several years 1999 budget. Well, we have just received bill. Second, the President exercised ago. It is a little bit disappointing that the fiscal year 1999 budget, and only his line item veto authority to cancel one of the 38 projects that he line-item the President and the folks down at the 38 provisions from that bill. Third, the vetoed was put in his budget proposal, other end of Pennsylvania Avenue House and Senate voted 352 to 64 and 69 so he has not corrected his mistake. We would be looking for some things to to 30 respectively for a bill disapprov- simply want to make those corrections scratch in this bill. I think they are ab- ing the cancellations. Today we reach today. solutely misguided in their direction stage four in the process. Second, according to the Pentagon, on our bill. Let me just say this to my col- all of these projects are executable and Some of the folks said that these leagues. The reason they need to come address valid and military require- were not already designed, but most of over here and vote to override this veto ments. By executable, I mean they are these projects could be completed, they is this: We wrote the line item veto so executable in this fiscal year. In fact, are in the 5-year plan. Not everything that any items that are vetoed and we ran all of these projects through the has to be a certain percentage designed those vetoes stand, it takes away from Defense Department and not one raised because some of them are off of the the overall appropriation. In other any objections. shelf, and they can be implemented words, we reduce the amount of money Nearly all of these projects are in the right away. They are all good projects. we are going to spend on our defense Pentagon’s 5-year plan. Each of these They have been considered by four budget. That has already reached the 38 project were scrubbed very carefully committees, and they all have a con- low figure of 15 cents on every dollar. by our subcommittee. tribution to our national defense. The reason that we are here today in b 1315 I spoke against and was totally op- this Congress is to provide for the com- posed to the line item veto because I do mon defense for our 50 States. That is Finally, all of these projects were ap- not think it serves democracy very the main reason we are here, and we proved by the authorizing committee well. And so the Members that would are close to going back to 1979 when we and fall well within the budget limits say, I voted for the line item veto and had to cannibalize 15 helicopter set by Congress. There is absolutely no I cannot very well go back on my vote, gunships just to get five that would wasteful spending. In fact, Members if they read this bill and if they look at work. And then three of those failed, should all know that spending on mili- the things that it does, when they and so did the rescue of our hostages. tary construction has been reduced sig- voted for the line item veto, they did Let us not go back there. Let us come nificantly every year for the past 3 not take a blood oath that anything years, an 18 percent cut in the past 2 over here and vote to override this that was vetoed that they would go years from $11 billion to $9 billion. veto. We gave the President the line item along with. That is not the way our de- Mr. Speaker, I rise in strong support of this veto power and authority to use judi- mocracy works. vote to override the President's veto of the ciously. I still support the President This is a good bill. It has been well Military Construction Appropriations dis- having that power, and whether my thought out. The staff did a tremen- approval bill, pursuant to the Line Item Veto colleagues support the President hav- dous job along with the other body. It Act. ing the authority or not, they should is a bipartisan bill and has absolutely, This is both a pro-defense and a pro-line not support the misuse of that author- to our knowledge, it has absolutely no item veto vote. ity. A vote today to override is not errors in it. Of course that would be As a chief proponent of the line item veto in only a vote for our men and women in speaking a little bit presumptuously to the House and as Chairman of one of the uniform, it is a vote to ensure that the say that there are no errors, but this is Committees charged with oversight over that line item veto is used fairly, carefully a good bill. Everybody in this House law, I believe such an action would be fully and responsibly in the future. should vote to override this veto. I consistent with the intent of the line item veto. Last September, 413 of us here in this would ask that Members give us their The line item veto was written to give any body voted for these projects when the vote on overriding the President’s line President, regardless of party, the authority to conference report came to the floor; 352 item veto. highlight questionable spending provisions in of us voted to disapprove the Presi- Mr. Speaker, I reserve the balance of omnibus bills. dent’s line item veto of the 38 projects. my time. Likewise, the law protects Congress' ability That vote was last November 7. Noth- Mr. PACKARD. Mr. Speaker, I yield 3 to defend its spending decisions and priorities ing has changed. There is no reason for minutes to the gentleman from New by providing for expedited consideration of anyone to change their vote from aye. York (Mr. SOLOMON), chairman of the bills to disapprove of the President's actions I urge every Member to restore these Committee on Rules. and if subsequently vetoed to use the Con- quality of life projects to our men and (Mr. SOLOMON asked and was given stitutional process to override that veto. women and families in the military permission to revise and extend his re- This is stage four in the Line Item Veto service by voting aye on this override marks.) Process. First, Congress passed the Military resolution. Mr. SOLOMON. Mr. Speaker, let me Construction Appropriations Bill for FY 1998. Mr. Speaker, I reserve the balance of tell my colleagues, I rise in the strong- Second, the President exercised his line item my time. est support for this vote to override the veto authority to cancel 38 provisions from (Mr. HEFNER asked and was given President’s veto. This is both a pro-de- that bill. permission to revise and extend his re- fense and a pro-line item veto vote that Third, the House and Senate voted 352±64 marks.) we are going to be casting. and 69±30 respectively for a bill disapproving H360 CONGRESSIONAL RECORD — HOUSE February 5, 1998 those cancellations last November. Today we I ask all of my colleagues in the House of Relocating the Asia-Pacific Center from its reach stage four in the process. As provided Representatives to support this legislation to current location to Fort Derussey will eliminate in the Constitution, Congress can override the ensure that our laws are based on factual in- a very major rental cost now being borne by veto of such canceled provisions with a two- formation, not mistakes and erroneous infor- the Center and the American taxpayer. It thirds vote of both Houses. mation. makes sense to use the existing U.S. govern- Indeed the fact that this measure is on the Mr. HEFNER. Mr. Speaker, I have no ment facility after renovations rather than con- floor of the House today demonstrates that the further requests for time, and I yield tinue to pay the high rental costs. All parties line item veto process works and that Con- back the balance of my time. concur that this is the proper and agreed deci- gress' Constitutional prerogatives are pro- Mr. PACKARD. Mr. Speaker, I yield sion and appropriations item. Its inclusion on tected. myself such time as I may consume. the veto list was an inexplicable error that Under the line item veto, any canceled dol- I would like to take just a moment to ought to be corrected by our override vote of lars are dedicated to deficit reduction, as the thank the gentleman from North Caro- the veto. Undoubtedly, there are other such spending cap for the affected bill is lowered by lina (Mr. HEFNER), this being his last cases in the hastily prepared and inadequately the value of the cancellations. In this particular year, although we will get to work to- vetted veto list. instance the spending ceilings for defense pro- gether on the next bill, but I want to The Asia-Pacific Center's mission is to grams would be reduced by $287 million. tell him personally how much I appre- serve as a focal point where national officials, However, if these provisions are overridden ciate the work he has done on this bill. decision makers, and military officers of the total defense spending would not be reduced. He certainly has been a joy to work United States and other Asia-Pacific nations This is the 13th straight year of inflation-ad- with and has made a great contribution gather to explore pressing issues and achieve justed cuts in the defense budget. No other to our country and to our men and a greater understanding of the challenges that major account in the entire federal budget has women in the services. This bill re- face the Asia-Pacific region. This center can been reduced by this much. flects his priorities as it does mine. It help foster early rapport among the leaders of Consequently, it is imperative that we main- has been a real pleasure to work to- tomorrow and promote U.S. interests through- tain the current level of defense spending to gether. out the region. ensure that we equip our uniformed men and Mr. Speaker, I yield 1 minute to the Mr. Speaker, this Member urges support for women with the best that money can buy and gentleman from Nebraska (Mr. BEREU- H.R. 2631. that research and development can obtain. TER). Mr. SPENCE. Mr. Speaker, I rise in support Congress can agree with granting the Presi- (Mr. BEREUTER asked and was of the motion to override the President's veto dent line item veto authority while disagreeing given permission to revise and extend of H.R. 2631, legislation to restore funding for with how that authority is exercised. his remarks.) the 38 military construction projects which This is clearly the case here today. Each Mr. BEREUTER. Mr. Speaker, I were proposed for cancellation late last year. member is able to look at each cancellation in- thank the gentleman for yielding the The projects proposed for cancellation by dividually and decide for themselves whether time to me. the Administration are among the most heavily or not to vote to override the President's ac- I want to rise in strong support of reviewed military construction projects in his- tion. H.R. 2631. I want to give my colleagues tory. This vote will mark the sixth time the The line item veto law provides Members one good example why it is appropriate House has rendered judgment upon them. In that opportunity and I am proud to stand here to do that. On the Subcommittee on every case, support for these projects has today with my colleagues in casting a strong Asia and the Pacific, I became familiar been overwhelming and I hope the same will vote in favor of overriding the President's veto. with a proposal of a particular con- be the case today. This is a yes vote for our national defense and struction project in Fort Derussey, Ha- The facts are clear. First, each of these a yes vote for the line item veto. waii. It is to relocate the Asian Pacific projects meets a validated military require- Mr. PACKARD. Mr. Speaker, I yield Center for Security Studies to a build- ment. Second, each of the 38 projects is exe- such time as he may consume to the ing that is existent. It is used as a re- cutable in this fiscal year. Third, nearly all of gentleman from New Mexico (Mr. serve center. This center today is rent- these projectsÐ85 percentÐare in the Admin- SKEEN), chairman of the Subcommittee ing very high-cost space. That building istration's own defense program. And fourth, on Agriculture, Rural Development, is waiting to be renovated. All parties the $287 million to complete these projects Food and Drug Administration, and concur that this was an appropriate are within the limits established by the budget Related Agencies. and agreed decision and appropriation agreement. (Mr. SKEEN asked and was given per- item. Its inclusion on the veto list was mission to revise and extend his re- The Administration admits mistakes were an inexplicable error that ought to be marks.) made in the extensive exercise of the line-item Mr. SKEEN. Mr. Speaker, I support corrected by our override on the veto. veto on the Military Construction Appropria- the override of the President’s veto. Undoubtedly there are other such tions Act and, it is my understanding, that the I rise in support of the override of the Presi- cases in the hastily prepared and inad- Administration no longer opposes this legisla- dent's veto of H.R. 2631, the military construc- equately vetted veto list, but this is tion. tion line-item disapproval bill. one that saves the taxpayer money. Ev- The evidence on the public record provides Passage of this legislation is necessary to erybody agrees it should have been ample justification to restore these projects. I correct the mistakes that were made during done. It was inexplicable error. It is an- urge my colleagues to support the restoration the President's vetoes of 38 projects included other reason why we should vote to of funds to meet critical facilities shortfalls af- in the bill which passed the House by a wide override the veto. fecting the armed forces. I urged the House to margin last year. I thank the gentleman for yielding support H.R. 2631. I thank the leadership for allowing this bill to me this time. Mr. STENHOLM. Mr. Speaker, I rise today come to the floor, and I am especially grateful Mr. Speaker, this Member rises in strong to express my support for H.R. 2631, the Mili- to Chairman PACKARD and Mr. HEFNER for support of H.R. 2631, legislation to override tary Construction Veto Disapproval. I have the their work in sheperding this legislation. the President's veto of military construction privilege of representing Dyess Air Force Base This bill has been called by several of my programs. Certainly, the President has the au- in Abilene, Texas. One of the thirty-eight colleagues as the ``military construction line thority to exercise the line-item veto on occa- projects stricken from the military construction item integrity bill,'' since this legislation re- sion when fiscal responsibility demands. No bill was in my district so I have a very per- stores integrity to the line-item veto process by one disputes that prerogative; however, this sonal interest in this legislation, but I believe ensuring that decisions are made on the basis authority must be exercised very judiciously. that the President made the decision to strike of facts, not mistakes. This Member would tell his colleagues that many projects in the bill based on poor advice The Office of Management and Budget has there are many meritorious programs that the and inaccurate information. acknowledged that mistakes were made which President targeted for elimination without care- One of the reasons the President gave for led to the President's line-item vetoes, and ful consideration of the consequences. In par- vetoing these projects was that they did not passage of this legislation would allow those ticular this Member would point to one particu- meet a so-called ``quality of life'' requirement. mistakes to be corrected. lar construction project, that of Fort Derussey, I don't know what the President's definition of This bill has broad bipartisan support, and Hawaii. This is to become the future home of quality of life is, but I do know this: these thir- has received the endorsement of the National the Asia-Pacific Center for Security Studies ty-eight projects which were eliminated in- Guard Association of the United States. which was established in September 1995. cluded facilities to provide a safe working February 5, 1998 CONGRESSIONAL RECORD — HOUSE H361 place for the men and women we entrust with However, according to OMB Director Frank- It will also be more costly. Not only will con- the defense of our nation. lin Raines, ``the great majority, if not the over- struction costs go up, we will continue paying In the case of the squadron operations facil- whelming majority of these [vetoed] projects the rentÐand that is pure waste. ity to be built at Dyess Air Force Base, there can make a contribution to our national de- I believe the Administration acted in good are currently no existing facilities to house the fense.'' Moreover, in vetoing these items, the faith. These are projects they truly believed 13th Bomb Squadron. Without this facility, the President himself said that these projects could wait. But, I also believe the White House men and women of the 13th Bomb Squadron ``have merit but should be considered in the was acting on misinformation. will be denied the tools they need to do their future.'' Based on the veto message, the White jobs. Then, after the vetoes, the administration House apparently thought the rescue person- How does this add to their quality of life or itself admitted that it acted on erroneous data. nel had not yet been relocated to Moody, that their ability to discharge their duties? ``Quality Initially, the White House said two projects the planning was not far enough along for of life'' involves a great deal more than hous- should not have been vetoed. Later, the num- construction to begin this fiscal year, and that ing and child care facilities and gymnasiums, ber grew to 11. Still later, the White House ad- this was not a quality-of-life project. although those are very important. I cannot mitted to as many as 18 mistakes. This was incorrect on all counts. imagine how the quality of work life could be Finally, I should note that anyone inclined to The rescue personnel had been transferred much worse than importing 500 to 1,000 men support the President's position should under- months before. Work can begin this year. and women to do a job without any facilities stand that they are not saving money by en- Without question, providing adequate working in which to house that work. dorsing his vetoes. Rather, they will be costing conditions for military personnel, and particu- The projects line item vetoed by the Presi- the American taxpayer more money. These larly for those involved in life-and death oper- dent were included in the military construction projects will all get built, because they are all ations, is a quality-of-life issue. bill because they are essential to the mission validated military requirements and are in the In fact, a number of these vetoes were evi- of our military. Most of these projects were in- services' extended budgets. Postponing them dently based on mistakes. cluded in the five-year plans of the military will only drive up costs due to inflation. Moreover, there is no question that each services so that the money for these projects Given all of these considerations, I believe and every one of the vetoed projects is need- will be spent eventually. These projects were every Member ought to support the override ed for military readiness. considered by four different Congressional bill. These projects were not pork, but had I urge my colleagues to vote ``yea'' on this committees with expertise in the area of na- merit. The process that the administration bill and live up to our responsibility to provide tional security and were reviewed by the Pen- used to select them was deeply flawed. Post- our military forces the basic tools they need to tagon. The House and the Senate voted by poning construction of these projects will only carry out the missions that keep our country overwhelming majorities to approve the mili- cost more money. secure and help protect freedom throughout I urge my colleagues to support this bill. tary construction appropriation act. the world. Yet the President and his staff acting in Mr. BISHOP. Mr. Speaker, I rise today as a Mr. OLVER. Mr. Speaker, I rise in support haste crafted a new criteria for military con- strong supporter of this bipartisan bill which of MILCON veto override. struction projectsÐquality of life. While I do would disapprove the President's line-item ve- Most of the projects on the President's can- not oppose the use of quality of life as a con- toes of 38 critically-important projects included cellation list were in the Pentagon's future sideration for determining the merit of a in the fiscal 1998 Military Construction Appro- years defense plan. project, it should not be the only criteria, and priations Act. Each of these projects is needed All of them are executable this fiscal year. it should be clearly defined and fairly applied. by the military. Each complies with the spend- Three of the projects were Air Force Re- In the case of the 13th Bomb Squadron Oper- ing limits established by the Balanced Budget serve projects, and together they represent 50 ations Facility and many of the other projects Act of 1997. And each, if funded, can be start- percent of the Air Force Reserve's construc- cancelled by the President, it was not. The ed during this current fiscal year. tion budget for fiscal year 1998. President incorrectly substituted his judgment I can speak about one of these projects While the active Air Force and the Air Na- for that of the Congress and the Pentagon. I from first-hand knowledge. tional Guard have suffered some cuts over the urge my colleagues to support our men and Included in the vetoes was $6.8 million to last few years, the Air Force Reserve's women in uniform by voting again to override construct an operations and training facility for MILCON Program is literally being driven out the President's line item veto to restore these combat-ready rescue personnel in the 41st of existence. projects. Rescue Squadron based at Moody Air Force Mrs. FOWLER. Mr. Speaker, I rise to ex- Base in Valdosta, Georgia, located in the Dis- The President's fiscal year 1999 budget press my strong support once again for H.R. trict I represent. The job they do is dangerous submission includes only one new Air Force 2631, legislation to override the President's and absolutely essential to the safety and Reserve project. One project. That's it. line item vetoes of projects in the fiscal year well-being of our airmen and civilian popu- Enough is enough. 1997 Military Construction Appropriations Bill. lations on the ground. These highly-trained The MILCON bill was the only appropria- Last October 6, the President line item ve- rescue specialists not only serve areas of tions bill where fiscal year 1998 spending was toed 38 military construction projects worth Georgia and Florida in the general vicinity of below fiscal year 1997. $287 million. The other body overruled him on the base, it is believed they perform more de- I urge all of my colleagues to support mo- October 30, by a 69±30 vote. The House fol- ployments throughout the world than any other tion to override. lowed suit on November 8, voting 352±64 to Air Force units. Rescue personnel from Moody Mr. GOSS. Mr. Speaker I thank my friend, restore funding. Despite two-thirds margins in are assigned right now to the Persian Gulf. the distinguished chairman of the Military Con- both Houses, however, the President vetoed They were transferred to Moody Air Force struction Appropriations Subcommittee, for the bill disapproving his line item vetoes. Base from Patrick Air Force Base during the yielding. There are many reasons why Members first six months of last year. Although there I rise in support of this override effort be- should support this bill. Every one of the 38 was no available building for these units at cause I am a strong supporter of the line-item vetoed projects was properly authorized by Moody, the Air Force planned to build one as veto and the process it provides for ensuring Congress. Every one of them met strict criteria quickly as possible. Meanwhile, they had to be careful scrutiny of Federal spending. In this established by the committees with oversight housed in temporary, rented trailers at a cost case, Mr. Speaker, Congress is asserting its for military construction. The vast majorityÐ33 of $108,000 a year. power of the purse, insisting to the President of the 38Ðwere in the Pentagon's 5-year plan, These trailers are cramped and totally inad- that we have carefully considered the items in and those that were not were only absent be- equate for the work these units do, including the military construction spending bill that the cause they were emergent requirements. And operations planning and on-going training ex- PresidentÐI believe in haste and in errorÐ the inclusion of all of these projects was com- ercises. chose to line-item veto. Contrary to the claims pletely consistent with both the Congress' con- If anyone can overcome difficulties such as of some naysayers, we did not write Congress stitutional responsibility to provide for and this, it is the men and women who serve in out of the spending process when we crafted maintain our Armed Forces, and the fiscal our armed forces. But it will be a disgrace if the line-item veto. Quite the contrary, in fact, year 1998 budget resolution. we, in Washington, D.C., keep these rescue we provided very explicit procedures by which When President Clinton originally signed the units stuck in crowded temporary facilities any Congress could assert its authorityÐas we bill giving him line item veto authority, he ar- longer than necessary. We will fail in our re- witness by today's proceedings. gued that it would help him cancel projects sponsibility if we send these troops into harm's Some pundits and even some Members that are ``special interest boondoggles, tax way without providing them the basic support have pointed to the President's application of loopholes or pure pork.'' they need. the line-item veto on the military construction H362 CONGRESSIONAL RECORD — HOUSE February 5, 1998 spending bill as an example of why the line- Gejdenson Linder Rogers Rivers Sensenbrenner Stupak Gekas Lipinski Ros-Lehtinen Rohrabacher Shays Towns item veto isn't a good idea. I firmly disagree. Gephardt Livingston Roukema Rothman Sherman Upton The line item veto has accomplished exactly Gibbons LoBiondo Roybal-Allard Royce Skaggs Vento what those of us who spent years bringing it Gilchrest Lowey Rush Salmon Smith (MI) Waxman about intendedÐit has brought greater ac- Gillmor Lucas Ryun Sanchez Stark Wexler Gilman Maloney (CT) Sabo Sanford Strickland Yates countability and sunshine to the process of Goode Maloney (NY) Sanders spending the taxpayers' money. And it has Goodlatte Manton Sandlin NOT VOTING—14 provided a real opportunity for saving more Goodling Manzullo Sawyer Armey Furse McKeon than one point $2 billion. Sure, in the cynical Gordon Mascara Saxton Becerra Gonzalez Porter Goss Matsui Scarborough Burton Hall (OH) Schiff world of budgeteers and inside-the-beltway Graham McCarthy (NY) Schaefer, Dan Dellums Herger Wynn types, that may seem like a rounding errorÐ Granger McCollum Schaffer, Bob Eshoo Klink but to the American people, $1.2 billion is seri- Green McCrery Schumer Gutknecht McDade Scott b 1345 ous money. And there's more to come, I am Hall (TX) McGovern Serrano sure. I share with many of my colleagues Hamilton McHale Sessions Ms. LOFGREN and Messrs. SHAYS, some disappointment that this President did Hansen McHugh Shadegg SALMON, MARKEY and GREENWOOD not spend more time and take more care in Hastert McInnis Shaw changed their vote from ‘‘yea’’ to Hastings (FL) McIntosh Shimkus ‘‘nay.’’ developing sound criteria and preparing to use Hastings (WA) McIntyre Shuster the powerful new tool we delegated to him in Hayworth McNulty Sisisky Mrs. TAUSCHER, Mrs. MALONEY of the form of the line-item veto. But I remain Hefley Meek (FL) Skeen Connecticut and Messrs. NADLER, Hefner Menendez Skelton RUSH and PALLONE changed their firmly committed to the idea that we did the Hill Metcalf Slaughter right thing by implementing the line-item Hilleary Mica Smith (NJ) vote from ‘‘nay’’ to ‘‘yea.’’ vetoÐand I hope this exercise of override will Hilliard Millender- Smith (OR) So, two-thirds having voted in favor chasten the administration to think first and Hinchey McDonald Smith (TX) thereof, the bill was passed, the objec- Hinojosa Miller (CA) Smith, Adam tions of the President to the contrary line item second during the upcoming budget Hobson Mink Smith, Linda cycle. I urge support for this override effort. Hoekstra Moakley Snowbarger notwithstanding. Mr. PACKARD. Mr. Speaker, I am Holden Mollohan Snyder The result of the vote was announced Hooley Moran (KS) Solomon as above recorded. aware that there are others that have Horn Moran (VA) Souder come on the floor that want to speak, Hostettler Morella Spence The SPEAKER pro tempore (Mr. but in deference to my colleague from Houghton Murtha Spratt SUNUNU). The Clerk will notify the North Carolina, who has yielded back Hoyer Myrick Stabenow Senate of the action of the House. Hulshof Nadler Stearns the balance of his time, I yield back Hunter Neal Stenholm f the balance of my time. Hutchinson Nethercutt Stokes PERSONAL EXPLANATION The SPEAKER pro tempore (Mr. Hyde Ney Stump Inglis Northup Sununu Mr. MCKEON. Mr. Speaker, because of offi- SUNUNU). Without objection, the pre- Istook Norwood Talent vious question is ordered. Jackson (IL) Oberstar Tanner cial business I was not present for Roll Call There was no objection. Jackson-Lee Obey Tauscher votes 7, 8, 9, and 10. Had I been present, I The SPEAKER pro tempore. The (TX) Olver Tauzin would have voted ``aye'' on each of these Jefferson Ortiz Taylor (MS) votes. question is, Will the House, on recon- Jenkins Oxley Taylor (NC) sideration, pass the bill, the objections John Packard Thomas f of the President to the contrary not- Johnson (CT) Pallone Thompson Johnson, E. B. Pappas Thornberry PERSONAL EXPLANATION withstanding? Johnson, Sam Parker Thune Under the Constitution, this vote Jones Pascrell Thurman Mr. PORTER. Mr. Speaker, on rollcall No. must be determined by the yeas and Kaptur Pastor Tiahrt 10, I was unavoidably detained making re- nays. Kasich Paul Tierney marks to a business association Kelly Paxon Torres headquartered in downtown Washington and The vote was taken by electronic de- Kennedy (MA) Pease Traficant vice, and there were—yeas 347, nays 69, Kennedy (RI) Pelosi Turner was, for that reason, not present for the vote. not voting 14, as follows: Kennelly Peterson (MN) Velazquez Had I been present, I would have voted Kildee Peterson (PA) Visclosky ``aye.'' [Roll No. 10] Kilpatrick Pickering Walsh f YEAS—347 Kim Pickett Wamp King (NY) Pitts Waters Abercrombie Brown (FL) Danner Kingston Pombo Watkins PERSONAL EXPLANATION Aderholt Bryant Davis (IL) Kleczka Pomeroy Watt (NC) Mr. HALL. Mr. Speaker, on roll calls #8, #9, Allen Bunning Davis (VA) Knollenberg Portman Watts (OK) Archer Burr Deal Kolbe Poshard Weldon (FL) and #10, I was unavoidably absent because of Bachus Buyer Delahunt Kucinich Price (NC) Weldon (PA) activities connected with this morning's Na- Baesler Callahan DeLauro LaFalce Pryce (OH) Weller Baker Calvert DeLay tional Prayer Breakfast. Had I been present, I LaHood Quinn Weygand would have voted nay on roll call #8Ðordering Baldacci Camp Diaz-Balart Lampson Radanovich White Ballenger Campbell Dicks Lantos Rahall Whitfield the previous question on H. Res. 348; nay on Barcia Canady Dingell Largent Redmond Wicker roll call #9Ðfinal passage of H.R. 2846; and Barr Cannon Dixon Latham Regula Wise yea on roll call #10Ðfinal passage of H.R. Barrett (NE) Cardin Doolittle LaTourette Reyes Wolf Bartlett Castle Doyle Lazio Riggs Woolsey 2631. I ask unanimous consent that this expla- Barton Chambliss Dreier Levin Riley Young (AK) nation be placed at the appropriate part of the Bass Chenoweth Dunn Lewis (CA) Rodriguez Young (FL) ECORD Bateman Christensen Edwards R . Lewis (GA) Roemer (Mr. DELLUMS asked and was given Bentsen Clay Ehlers Lewis (KY) Rogan Bereuter Clayton Ehrlich permission to speak out of order for 5 Berman Clement Emerson NAYS—69 minutes.) Berry Clyburn English Bilbray Coble Etheridge Ackerman Engel Luther f Bilirakis Coburn Evans Andrews Ensign Markey Bishop Collins Everett Barrett (WI) Ewing Martinez FAREWELL SPEECH OF THE Blagojevich Combest Farr Boswell Filner McCarthy (MO) HONORABLE RONALD V. DELLUMS. Bliley Condit Fattah Brown (OH) Frank (MA) McDermott Blumenauer Cook Fawell Carson Franks (NJ) McKinney Mr. DELLUMS. Mr. Speaker, it is Blunt Cooksey Fazio Chabot Ganske Meehan with an incredibly heavy heart that I Boehlert Costello Foley Conyers Greenwood Miller (FL) take the well of the House of Rep- Boehner Cox Forbes Davis (FL) Gutierrez Minge Bonilla Coyne Ford DeFazio Harman Neumann resentatives today because this will be Bonior Cramer Fossella DeGette Johnson (WI) Nussle the last time that I will do this. Borski Crane Fowler Deutsch Kanjorski Owens I have served in these chambers for 27 Boucher Crapo Fox Dickey Kind (WI) Payne years, and it has been an extraordinary Boyd Cubin Frelinghuysen Doggett Klug Petri Brady Cummings Frost Dooley Leach Ramstad honor and high privilege to serve with Brown (CA) Cunningham Gallegly Duncan Lofgren Rangel all of my colleagues here. February 5, 1998 CONGRESSIONAL RECORD — HOUSE H363 I came to Congress in January of the moral high ground, to not respond on your uniform and put on your tie 1971, against the backdrop of a very tu- in the way that people responded to and march to the floor of Congress multuous era in the history of this me. So I leaned over backwards to be knowing that, in your hands, in that country. The civil rights movement, fair. Because if this place is to be about card, in your very being, you have life the struggle for the liberation of many anything, it has to be about fairness. and death in your hands, it is an in- oppressed and downtrodden people in Some of you, in your accolades, used credible thing. this country, the struggle for the lib- the term ‘‘integrity.’’ The reason why Try not to take RON DELLUMS too se- eration of women, peace in Vietnam, over the years I insisted that the proc- riously. I am just a guy. But I always the notion that peace was a superior ess have integrity is because, without took my job with deadly seriousness. idea to war, the concern for the fragile it, I recognized that the ideas that I There were times when a few of us al- nature of our ecological system. I came came to espouse, the constituency that most went nose to nose. And people at a very unique era, at a very interest- I represented, their hopes and their said, ‘‘RON, you are a man of peace. ing and tumultuous period in this dreams and aspirations would never How could you be angry?’’ I said, ‘‘I am country. have a chance unless the process had a man of peace; but I didn’t necessarily I had to try to make sense out of all integrity. say I was always a peaceful man. You the music and anger and pain that I So the reason why I was willing to can make me angry.’’ heard in Oakland and Berkeley and in stand in defense of the most junior But I learned something. I met an in- the Bay area and in the country at that Democrat, the most junior Republican, credible man. His name was Nelson time. I was not to know that Berkeley or to make sure that the most conserv- Mandela. His strength, coming after 20 and Oakland, in the mind’s eye of ative Member had the right to speak some years in prison, I recognized that many people, was so extraordinary and out was because to deny that person his strength and his power laid in his that when people wanted to lash out at the right to speak was to diminish my- tranquility. what they thought Berkeley rep- self and to deny me the right to speak. I said, ‘‘Here is a man that has resented at that period in American And for me not to challenge any of you learned to harness his anger, to dis- history, they could not lash out at an on the basis of your ideology and your cipline his pain, to harness his desire abstract idea or at a city, but they philosophy in terms of your ability to to retaliate.’’ I said, ‘‘That is what I could lash out at that person that was have input meant that I was acquiesc- need to try to move myself toward, the the representative of that community. ing to anyone denying me, based upon ability to discipline and harness and But I am just a guy. And if you hit my political views, an opportunity to challenge the anger so that, ulti- me, I hurt; and if you cut me, I bleed. speak. mately, it is one of constructive en- And there were many times when you This institution cannot function gagement with people around problem hit me hard and you cut me deep. And without fairness and without justice. solving.’’ there were times when I went to my of- And, so, I tried to do that. There have I leave here not as a cynic. And there fice at night and sometimes in the been times in these chambers when have been days when this place has dark, with tears in my eyes, I would pettiness, challenges of personality, been at an all-time low, we all know pray to just have the strength to and partisanship have been the order of this, but I do not leave cynical. I leave march back to the floor of the United the day. with my idealism and my enthusiasm States Congress with my pride and my Some of my colleagues said rarely intact because, when you look around, dignity and to continue to try to fight have they ever heard DELLUMS take the each of us have had the privilege of back. well as a partisan. You know why? Be- walking to the floor of Congress with Over the years, I tried to extend to cause I came to realize early on that the total freedom to express ourselves every one of my colleagues, on both campaigning had to take place outside across whatever lines divide us, to say sides of the aisle, the greatest respect these chambers, that once we walked whatever we felt was important to say. that I could give you, and that is to onto the floor of Congress, the dynamic That is an incredible gift, and I am give you my undivided attention, to changed, the paradigm changed. At privileged to have had that oppor- listen to you. that point, it was not about campaign- tunity to have that gift. Well, a couple nights ago my col- ing and politicking; it was about the For those of you who stop long leagues had a special order. And it was incredible responsibility of governance. enough to try to see me in more than about me, so I listened with great care. And irrespective of your political one dimension, thank you. For those of The first thing I want to tell you is views, we have to find some way to you who stop long enough to embrace that one thing I thought is, no matter come here intellectually, honest me as a friend, thank you. For those of how old you are, you are always your enough to say, how do we now, based you who came together with me in the mother’s boy. And I sat here thinking, upon the judgments of the people, with spirit of battle, to try to right the I wonder if my mom is watching. far-ranging perspectives, interests and wrongs, to challenge the evils, to make The first person that called me when views, manage to govern this country. this world a better place for our chil- I got home was my mom. She was Too often, we have fallen apart at dren and our children’s children, thank watching. And she asked me to thank that level. you. For those of you who each day all of you for your kind and generous Some of you said to me, ‘‘Ron is just said, hi, RON, thank you. remarks. And I thank you because you about ideas and not about personal- I leave you with just one challenge. made my mother feel great pride and ities.’’ At the end the day, my friends, Continue to battle on behalf of the peo- great joy, and thank you for that. it is never about personalities. We ple. You used many adjectives. You said, spend a lot of time attacking each I raise the question that I raised once ‘‘He is the fairest guy I ever worked other at the level of personalities. with the Speaker GINGRICH. I said, Mr. with.’’ Well, I was fair because I think For any of you where, in the fit of GINGRICH, if we are successful in tear- that this process cannot function with- battle, you ever even interpreted that I ing down this institution, what podium out fairness, that the cornerstone of came personally, I take this moment to do I mount to advocate on behalf of my this institution, what makes a rep- profusely apologize to you. It was constituency? resentative democracy real, what never about personal battles. It has al- So let us be guided by wisdom and makes this at the end of the day the ways been about ideas. Individuals judgment. people’s branch of Government, is that come and go, but ideas must ulti- You call me civil. Well, I came from it has to be rooted in the essence of mately transcend, and ideas must ulti- a generation that was in a hurry. I fairness. mately prevail. walked in the door. I wanted to kick And when I first walked in the door, It has been an incredible honor to the door in and bring change imme- I was not often treated fairly. But I serve in the House of Representatives. diately. recognized that, as Martin Luther Incredible. Late night talk show hosts’ My generation said, peace, when do King, Jr., taught me, was that I could jokes notwithstanding, it has been a you want it? Now. Freedom, when do not be the flip side of the same coin, privilege to serve here, an honor to you want it? Now. So I was impatient. that I had to be willing to try to take serve here. To get up every day and put But you folks taught me the two most H364 CONGRESSIONAL RECORD — HOUSE February 5, 1998 incredible lessons of life, the lesson of Gutknecht McCarthy (NY) Royce HOUSE OF REPRESENTATIVES, Hall (OH) McCollum Rush Washington, DC, February 4, 1998. patience and the lesson of humility. Hall (TX) McDade Ryun Hon. NEWT GINGRICH, You forced me to have to walk up Hamilton McDermott Sabo The Speaker, House of Representatives, and down that Hill 27 years in a row Hansen McGovern Salmon Washington, DC. fighting the same old battles. You Harman McHale Sanchez Hastings (FL) McIntosh Sanders DEAR MR. SPEAKER: I have the honor to taught me that I was not a cocky dude, Hastings (WA) McIntyre Sandlin transmit herewith a facsimile copy of letter that one guy against 434 could change Hayworth McKinney Sanford received from Mr. Thomas R. Wilkey, Execu- the world. But if we care about each Hefley McNulty Sawyer tive Director, State Board of Elections, Hefner Meehan Saxton State of New York, indicating that, accord- other and we respect each other and we Hill Meek (FL) Schaffer, Bob respect this incredible opportunity we Hilleary Menendez Schumer ing to the unofficial results for the Special have, together we can change the Hilliard Metcalf Scott Election held February 3, 1998, the Honorable world. Hinchey Mica Sensenbrenner Gregory Meeks was elected Representative Hinojosa Millender- Serrano in Congress for the Sixth Congressional Dis- b 1400 Hobson McDonald Sessions trict, State of New York. Hoekstra Miller (CA) Shadegg With warm regards, Hooley Miller (FL) Shaw I learned a concept called homeo- ROBIN H. CARLE, stasis when I was in college, which said Horn Minge Shays Hostettler Mink Sherman Clerk. that institutions manage to find a way Hoyer Moakley Shimkus to come into balance. Well, a member Hulshof Mollohan Shuster STATE OF NEW YORK, of the Gray Caucus is leaving, and the Inglis Moran (KS) Sisisky STATE BOARD OF ELECTIONS, Istook Moran (VA) Skaggs Albany, NY, February 4, 1998. good Judge from Florida grew a gray Jackson (IL) Morella Skelton beard, so the House is in balance on Jackson-Lee Murtha Slaughter ROBIN H. CARLE, that issue. An old guy is leaving, and a (TX) Nadler Smith (NJ) Clerk, House of Representatives, young African-American is coming to Jefferson Neal Smith (TX) Washington, DC. Jenkins Nethercutt Smith, Adam be sworn in today. This institution is DEAR MS. CARLE: Enclosed please find the John Neumann Smith, Linda unofficial results of the Special Election in homeostasis. Johnson (WI) Ney Snowbarger held in the 6th Congressional District of New Thank you for caring; thank you for Johnson, E. B. Northup Snyder Johnson, Sam Norwood Souder York on Tuesday, February 3, 1998. The re- the privilege of working with you. It Jones Oberstar Spence sults appear to indicate that candidate Greg- has been the most incredible and high Kanjorski Obey Spratt ory Meeks will be the apparent winner. honor of my life, and I hope that what- Kaptur Olver Stabenow The Board of Canvassers will be meeting ever life has in store for me beyond Kasich Ortiz Stearns on Tuesday, February 24 to officially certify Kelly Owens Stenholm today will be a fraction of the excite- the official results, and you will be provided Kennedy (MA) Packard Stokes with an official certification at that time. ment, the enthusiasm and the thrill of Kennelly Pallone Strickland serving in this institution. Kildee Pappas Stump Sincerely, Kilpatrick Pascrell Stupak THOMAS R. WILKEY, Thank you very much. Kim Pastor Sununu Executive Director. f Kind (WI) Paul Talent King (NY) Paxon Tanner f CALL OF THE HOUSE Kingston Payne Tauscher Kleczka Pease Tauzin Mr. OWENS. Mr. Speaker, I move a Klug Pelosi Thompson SWEARING IN OF THE HONORABLE Knollenberg Peterson (PA) Thornberry call of the House. GREGORY W. MEEKS, OF NEW A call of the House was ordered. Kolbe Petri Thune Kucinich Pickering Tiahrt YORK, AS A MEMBER OF THE The call was taken by electronic de- LaFalce Pickett Tierney HOUSE vice, and the following Members re- LaHood Pitts Torres sponded to their names: Lampson Pombo Towns Mr. GEPHARDT. Mr. Speaker, I ask Lantos Pomeroy Traficant unanimous consent that the gentleman [Roll No. 11] Largent Porter Turner ANSWERED ‘‘PRESENT’’—356 Latham Portman Upton from New York, Mr. GREGORY W. Lazio Poshard Velazquez MEEKS, be permitted to take the oath Abercrombie Camp Doggett Leach Price (NC) Vento of office today. Ackerman Campbell Doolittle Levin Pryce (OH) Visclosky Aderholt Canady Doyle Lewis (CA) Quinn Walsh His certificate of election has not ar- Allen Cannon Dreier Lewis (GA) Radanovich Wamp rived, but there is no contest, and no Andrews Cardin Duncan Lewis (KY) Rahall Waters question has been raised with regard to Armey Carson Edwards Linder Ramstad Watt (NC) Bachus Castle Ehlers Lipinski Rangel Watts (OK) his election. Baker Chabot Ehrlich Livingston Redmond Waxman The SPEAKER. Is there objection to Baldacci Chambliss Emerson LoBiondo Regula Weldon (FL) the request of the gentleman from Mis- Ballenger Chenoweth Engel Lofgren Reyes Wexler Barcia Christensen Ensign Lowey Riley Weygand souri? Barr Clayton Etheridge Lucas Rivers White There was no objection. Barrett (NE) Clement Everett Maloney (CT) Rodriguez Whitfield The SPEAKER. Will the gentleman Barrett (WI) Clyburn Ewing Maloney (NY) Roemer Wicker Bartlett Coburn Farr Manton Rogan Wise from New York (Mr. MEEKS), the Mem- Barton Combest Fattah Manzullo Rogers Wolf ber-elect, along with the Members of Bass Condit Fazio Markey Rohrabacher Woolsey the New York delegation come forward Bateman Conyers Filner Martinez Rothman Young (FL) and will the Members please stand. Bentsen Cook Foley Matsui Roukema Bereuter Cooksey Forbes McCarthy (MO) Roybal-Allard Mr. MEEKS appeared at the bar of Berman Costello Fossella the House and took the oath of office, Berry Cox Fowler b 1421 Bilbray Cramer Fox as follows: Bilirakis Crane Franks (NJ) The SPEAKER pro tempore (Mr. Do you solemnly swear that you will Bishop Crapo Frelinghuysen ROGAN). On this rollcall, 356 Members support and defend the Constitution of Blagojevich Cubin Furse Bliley Cummings Gejdenson have recorded their presence by elec- the United States against all enemies, Blumenauer Cunningham Gephardt tronic device, a quorum. foreign and domestic; that you will Boehlert Davis (FL) Gibbons Under the rule, further proceedings bear true faith and allegiance to the Boehner Davis (IL) Gilchrest under the call are dispensed with. Bonilla Davis (VA) Gillmor same; that you take this obligation Borski DeFazio Gilman f freely, without any mental reservation Boswell DeGette Goode or purpose of evasion, and that you will Brady Delahunt Goodlatte COMMUNICATION FROM THE well and faithfully discharge the duties Brown (CA) DeLauro Goodling CLERK OF THE HOUSE Brown (FL) Dellums Gordon of the office on which you are about to Brown (OH) Deutsch Goss The SPEAKER pro tempore laid be- enter. So help you God. Bryant Dickey Graham fore the House the following commu- The SPEAKER. Congratulations, you Bunning Dicks Green Callahan Dingell Greenwood nication from the Clerk of the House of are now a Member of the Congress of Calvert Dixon Gutierrez Representatives: the United States. February 5, 1998 CONGRESSIONAL RECORD — HOUSE H365 WELCOMING CONGRESSMAN fighting crime as he did in the past. We proud of; to be blessed with individuals MEEKS want to commend you and we wish you who are really responsible for me being (Mr. RANGEL asked and was given well. I am pleased to welcome you and here. permission to address the House for 1 your two daughters, Ebony and Aja and Mr. Speaker, it started with my minute.) your wife, Simone, to the pantheon of mother, who is not with us any longer, Mr. RANGEL. Mr. Speaker and my congressional families, and we are here but she is with us. She gave me the colleagues, many of us have the great ready to help you in your work. God strength, the support, and the upbring- task of succeeding Members of the bless. ing so that this day could be possible. House of Representatives that have Mr. RANGEL. Mr. Speaker, reclaim- She gave me the vision and the deter- left, as Reverend and Congressman ing my time, there are so many Mem- mination to make things happen, and I Floyd Flake has, but indeed, the strong bers that would like to be heard, but a will be so ever thankful to God who keep coming, and we are so fortunate lot of people have to make trains and blessed me with her as a mother. that a young man a few years back was planes, and so we have in our delega- I want to thank my dad, who is here, born in East Harlem, saw fit to go to tion not only an outstanding Member who always was behind me and taught Queens, got his training there, became from Queens County, but the Demo- me the lessons of life and family. an administrative judge for workmen’s cratic county leader that was able to I want to bless and thank my wife, compensation, and then joined the guide the membership of the great or- Simone-Marie, who gave her energy, great legislature of the State of New ganization there so that they were able her time, and gave me her permission York in the New York State Assembly. to make the proper decision for the to seek the office of the United States House of Representatives. And as I look in front of me, it looks election, TOM MANTON, for purposes of My sisters, Rosalyn and Janella, who like there is hardly a Member of the introducing our brand-new member. are here, who worked diligently day New York delegation in our Congress f and night on this campaign, thank you. that did not serve in our State legisla- And the Lord blessed me with two ture. WELCOMING CONGRESSMAN MEEKS beautiful daughters who I am so proud Having served there for 6 years and of for all that they are doing and how working hard each and every day, he (Mr. MANTON asked and was given they are growing up. That is Ebony and was selected by the African-Americans, permission to address the House for 1 Aja. as well as the Puerto Rican Hispanic minute.) And, as indicated, my mother is not Members of that group to head up the Mr. MANTON. Mr. Speaker, my col- with me, but the Lord blessed me with Black and Hispanic Caucus. He has leagues, our newly-elected Member, a great mother-in-law, Miss Eleanor worked hard, he has got two lovely GREGORY MEEKS, it gives me a great Sing. daughters that are here with his wife, deal of pleasure to welcome you, GREG- Mr. Speaker, let me say thank you, Simone-Marie. His brothers and his ORY and your family and all of your particularly, to my political godfather, family are here to support him as they supporters in Southeast Queens from Bob Simmons, and all of the individ- were during the great election that the 6th Congressional District to this uals who are up in the balcony who are with more than a half a dozen can- great Hall. I am not going to be repet- responsible for that huge victory on didates, he came through with 57 per- itive here, but I would just like to say February 3. I will never forget them, cent of that vote. that your credentials were impeccable, for they are why I am here to represent At this time I would like to yield to starting off after law school as a pros- the constituency and the people of the a senior member, the senior Republican ecutor, and later on as a judge in the 6th Congressional District. Member of our delegation, the gen- worker’s compensation system, and I know that I have very big shoes to tleman from New York (Mr. GILMAN). then your service in the New York fill, and I can say that I am not Floyd Mr. GILMAN. Mr. Speaker, Chairman State Assembly. Flake. I am GREGORY MEEKS. I am RANGEL, serving as the chair of our b 1430 going to do the best I can. I believe New York delegation, and my col- that Floyd Flake was on the right leagues of the New York delegation, So you have come here, you have hit path, the same path of many of the and all of our colleagues, we are so the ground running, and we welcome Members of this hall that I have ad- pleased to be able to welcome Mr. you and ask that you have a long ca- mired for a long time. The path of Bar- MEEKS to the Congress. reer in these sacred halls. bara Jordan who sat here. The path of Our retired colleague, Floyd Flake, The SPEAKER. Will the gentleman Shirley Chisholm. The path of Adam amassed a distinguished record of con- from New York yield? Powell. The path of Brother DELLUMS. gressional service. His dedication in Mr. MANTON. Mr. Speaker, I am The path of Charlie Rangel. The path fighting for the concerns of his 6th Dis- happy to yield to the Speaker. of Thomas Manton. trict, his patriotism, his hard work are The SPEAKER. It would please the Mr. Speaker, I look forward to work- a testament to the leadership that he Chair to recognize for his first time ing with you. I look forward to trying displayed, and while Congressman here the newly elected gentleman from to make a difference in the lives of the Flake leaves his shoes to fill, his suc- New York (Mr. MEEKS), and to recog- people of this great country. I look for- cessor seems to me to be able to come nize him on behalf of the House and ward to living the dream that Dr. King with a great potential to do just that. offer him an opportunity to speak to had that all of us will be able to walk GREGORY MEEKS comes to the Con- the House. together, talk together, live together gress after already having had a distin- f under this big tent and this great Na- guished career in public service, grad- EXPRESSION OF THANKS FOR tion. Thank you very much. uating from Howard University Law f School. He joined the Queens County SUPPORT District Attorney’s Office, was quickly (Mr. MEEKS of New York asked and ANNOUNCEMENT BY THE SPEAKER promoted to the Office of Special Nar- was given permission to address the The SPEAKER. The Chair wishes to cotics Prosecutor, something Mr. RAN- House for 1 minute.) simply observe for the RECORD, if I GEL and I have been working on for a Mr. MEEKS of New York. Mr. Speak- might, that we are welcoming a new number of years in our battle against er, thank you. Member whom we are delighted to have drugs. We are pleased to welcome a leg- The first feeling that I have is: God is with us and who we think has a great islator with the experience and deter- good. God is good. He has truly blessed future. We are welcoming him on a day mination in fighting the war on drugs. me, and but by His grace am I here when weare losing a great Member who Congressman MEEKS, I know while he today. He has blessed me for an indi- has had a great career and to whom we was serving on the New York State vidual who grew up in public housing are all indebted for being a model of Commission on Investigation, directed and a product of public education to be representing democracy in a free soci- criminal and civil investigations and able to go on and receive a degree at ety. major organized crime figures, and we the great institution known as Howard So while we are saying good-bye to hope he will continue his devotion to University School of Law, which I am the gentleman from California (Mr. H366 CONGRESSIONAL RECORD — HOUSE February 5, 1998

DELLUMS) we are saying hello to the H.R. 1428, the Voter Eligibility Ver- a ‘‘do not rock the boat’’ feeling. Times gentleman from New York (Mr. MEEKS) ification Act; H. Con. Res. 202, the are good and let us just sweep this and that is the biological process by Daycare Fairness for Stay-at-Home under the rug and not focus on the which a free people renews itself. Parents; and, S. 927, the National Sea moral aspects of this. We will miss you, Mr. DELLUMS; and Grant College Program Reauthoriza- Perhaps the talk of impeachment and we are grateful to have you here, Mr. tion Act of 1997. prosecution, which I think have been MEEKS. Mr. Speaker, we hope to conclude gotten out there too early, may have f legislative business for the week by preempted those who might have felt early afternoon on Thursday, February obligated to comment on the moral ELECTION OF MEMBERS TO CER- 12. Friday, February 13, marks the be- issue and its impact on the leadership TAIN STANDING COMMITTEES OF ginning of the President’s Day district of the country. THE HOUSE work period from which the House will Their reluctance was not evident in Mr. FAZIO of California. Mr. Speak- return on Tuesday, February 24. earlier cases. The young woman who er, by direction of the Democratic Cau- Mr. Speaker, I thank the gentleman flew the Air Force B–52s. The military cus, I offer a privileged resolution for yielding me this time. general passed over for Chairman of (H.Res. 351) and ask for its immediate Mr. BONIOR. Mr. Speaker, reclaim- the Joint Chiefs. The Tailhook scandal, consideration. ing my time, could the gentleman clar- which touched a number of senior Navy The Clerk read the resolution, as fol- ify two points for me? On the return officials. Charges against a former Sen- lows: date of Tuesday the 24th, can the gen- ator who resigned. A Supreme Court H. RES. 351 tleman enlighten us on when we can nominee and a Presidential candidate Resolved, That the following named Mem- expect the first vote on that day? and others brought a tidal wave of bers be, and are hereby elected to the follow- Mr. HASTERT. Mr. Speaker, there comment from every corner of Amer- ing standing committees of the House of will be no votes until after 5 o’clock. ica. Representatives: In America, a person is innocent To the Committee on Banking and Finan- Mr. BONIOR. Mr. Speaker, I thank cial Services: the gentleman. until proven guilty. But we are not Max Sandlin of Texas; Gregory Meeks of Finally, the gentleman said that on talking about a court of law. We are New York. February 12, which is Thursday next, I talking about right and wrong. The resolution was agreed to. think, we will meet at 12 for legislative We must give the President the bene- A motion to reconsider was laid on business? fit of the doubt. But let us not say that the table. Mr. HASTERT. Mr. Speaker, 10 these things do not matter, because f o’clock for legislative business. they do. They are at the very heart of Mr. BONIOR. Mr. Speaker, I thank honor, integrity, character and leader- REPORT ON RESOLUTION PROVID- the gentleman. ship. ING FOR CONSIDERATION OF MO- f What a person does in private affects TIONS TO SUSPEND THE RULES the type of person he or she is in pub- Mr. DREIER, from the Committee on DISPENSING WITH CALENDAR lic, and a leader has an obligation to Rules, submitted a privileged report WEDNESDAY BUSINESS ON take responsibility for his or her ac- (Rept. No. 105–415) on the resolution (H. WEDNESDAY NEXT tions and not try to explain them away Res. 352) providing for consideration of Mr. HASTERT. Mr. Speaker, I ask or blame others. motions to suspend the rules, which unanimous consent that the business If, indeed, we have lost the capacity was referred to the House Calendar and in order under the Calendar Wednesday to distinguish vice from virtue, if we ordered to be printed. rule be dispensed with on Wednesday believe that private behavior has no f next. public consequences, if we believe that our Nation’s leaders do not have to be LEGISLATIVE PROGRAM The SPEAKER pro tempore. Is there objection to the request of the gen- good or moral and righteous men and (Mr. BONIOR asked and was given tleman from Illinois? women who live by the truth, then we permission to address the House for 1 There was no objection. abandon the very heritage of this Na- minute.) tion. Mr. BONIOR. Mr. Speaker, I ask for f b 1445 this time for the purposes of inquiring SPECIAL ORDERS from the distinguished Chief Deputy I believe America ought to expect Majority Whip regarding the schedule The SPEAKER pro tempore. Under more from its leaders, and I think most for today, the remainder of the week, the Speaker’s announced policy of Jan- of the American people agree. If, as has and the following week. uary 7, 1997, and under a previous order been the case for ages, kids want to Mr. HASTERT. Mr. Speaker, if the of the House, the following Members grow up to be President of the United gentleman from Michigan, my good will be recognized for 5 minutes each. States, then like it or not the person friend, will yield, I am pleased to an- f holding that title has a special respon- nounce that we have finished the legis- sibility, and we have every right to A MATTER OF TRUTH lative business for the week. hold him or her accountable to that The House will reconvene on Wednes- The SPEAKER pro tempore. Under a duty. day, February 11, at 3 p.m. for legisla- previous order of the House, the gen- Saying Americans do not care just tive business. Members should note tleman from Virginia (Mr. WOLF) is does not wash with me. Truth is some- that we do not expect any recorded recognized for 5 minutes. thing we have always honored in this votes before 5 p.m. on Wednesday; and Mr. WOLF. Mr. Speaker, I want to country. We teach our children from an on Thursday, February 12, the House take a moment to speak on what has early age to be truthful. George Wash- will meet at 10 a.m. for legislative been happening in the country lately. ington’s birthday is coming soon, and business. It is not about impeachment of the we have long told the story about him On Wednesday and Thursday, the President or prosecution of the Presi- admitting to cutting down the cherry House will consider the following legis- dent; it is about what is on my mind tree, where he said, I cannot tell a lie. lation: a resolution providing for con- and my conscience. When any President takes office, sideration of motions to suspend the First of all, for all the clamor in the there is an implied promise that he or rules and a resolution regarding the press and on radio and TV about alle- she will level with the people, that he contested election in the 46th Congres- gations swirling around the President, or she will be honest with them. A sol- sional District of California. there has been a blanket of silence on emn bond of trust has always existed Once the rule allowing suspensions the part of many who ought to provide between the President and its people. next week has been agreed to, we hope commentary on the moral tone of this And it must always be that way. Every to consider the following bills under country. And I am not sure why there President has an obligation to tell the suspension of rules: has been this silence. Perhaps there is whole truth. If Richard Nixon had told February 5, 1998 CONGRESSIONAL RECORD — HOUSE H367 the whole truth and had asked the 1990 and succeeded in increasing the scholar- Whereas Christopher Milne, the model for American people for forgiveness, I be- ship funds distributed to African American law Christopher Robin, gave his blessing to the lieve he would have been forgiven. students over the past seven years. New York Public Library’s public display of his childhood friends before his death. Today there is a pall of doubt over Perhaps more important than this long list of Resolved by the House of Representatives (the the Presidency. Not being forthcoming achievements, is Ms. Nobumoto's unyielding Senate concurring), That the Congress of the with whatever the truth may be leaves determination and strong commitment to leav- United States expresses its strong support doubt about the bond of trust between ing no stone unturned when it comes to plan- for the residents of Pooh Corner to remain at the President and the people and keeps ning the critical path to success. She has at- the New York Public Library. open the question of fitness to serve in tended every Langston board meeting and f high office. The only way America can monthly meeting and represented the The SPEAKER pro tempore. Under a put this behind us once and for all is to Langston Bar Association at over sixty-five dif- previous order of the House, the gen- be assured that when the President ferent events throughout this past year. In ad- tleman from Florida (Mr. FOLEY) is speaks, he is telling the truth. I hope dition to her work for Langston, Ms. Nobumoto recognized for 5 minutes. this President can give this assurance. is a hardworking Trial Deputy in the Office of (Mr. FOLEY addressed the House. His If President Clinton tells the American the District Attorney in Los Angeles. She has remarks will appear hereafter in the people the whole truth and needs for- also served on the Ethnic Minority Relations Extension of Remarks.) giveness, I believe he will be forgiven. Committee of the State Bar from 1987 to 1990 f But let us remember, all of us, all of and was the Vice-Chair of the Committee from us err and make mistakes, including 1989 to 1990. In 1990, she was also elected THE FUTURE OPPORTUNITY AND me. No one, not one is perfect. But for to a District 7 seat on the California Young WELL-BEING OF OUR CHILDREN forgiveness and healing to take place, Lawyers Association Board of Directors. The SPEAKER pro tempore. Under there must first be confession and Clearly, Karen Nobumoto's commitment to the Speaker’s announced policy of Jan- truth, and then we can move on. carrying forward the tradition of service and uary 7, 1997, the gentleman from Cali- f leadership that defines the Langston Bar As- fornia (Mr. RIGGS) is recognized for 60 The SPEAKER pro tempore. Under a sociation has made her one of the greatest minutes as the designee of the major- previous order of the House, the gentle- Presidents to serve Langston. I am honored to ity leader. Mr. RIGGS. Mr. Speaker, I want to woman from Washington (Mrs. LINDA know Ms. Nobumoto and wish her the best of take this opportunity to address the SMITH) is recognized for 5 minutes. luck as she pursues a position on the State Bar Board of Governors. Karen Nobumoto is a House under special orders on a topic (Mrs. LINDA SMITH of Washington shining example of what it means to lead, to that I think is of really paramount im- addressed the House. Her remarks will educate and to truly make a difference for the portance to our country, and that is appear hereafter in the Extensions of generations of today and tomorrow. the future opportunity and well-being Remarks.) f of our children. I rise to talk today a f little bit about our congressional, by A RESOLUTION TO PROTECT HONORING KAREN SUE NOBUMOTO that I mean House and Senate, Repub- WINNIE THE POOH lican agenda for improvement of our The SPEAKER pro tempore. Under a The SPEAKER pro tempore. Under a schools, to ensure that every American previous order of the House, the gentle- previous order of the House, the gentle- child, especially those that come from woman from California (Ms. woman from New York (Mrs. LOWEY) is disadvantaged back- MILLENDER-MCDONALD) is recognized recognized for 5 minutes. grounds, socioeconomically disadvan- for 5 minutes. Mrs. LOWEY. Mr. Speaker, I rise to taged backgrounds, has access to a Ms. MILLENDER-MCDONALD. Mr. Speaker, introduce a resolution to protect high quality education and the kind of I rise today to commemorate a remarkable Winnie the Pooh and his friends from skills training that can unlock the fu- woman from the 37th District of California: being taken away from their safe and ture for that young person. Karen Sue Nobumoto. Ms. Nobumoto is an comfortable home at the New York I have had the opportunity on many exceptional leader in the field of law within the Public Library. For 10 years Winnie the occasions, as many of the Members of African American community and the Los An- Pooh has held court in the New York this House have, to have my children geles area. She has inspired young lawyers Public Library, delighting millions of accompany me to work sort of a dad and law students throughout her long history New Yorkers. But in recent days a takes daughter to work day. I have had with the John M. Langston Bar Association, member of the British Parliament has my young daughter Sarah Anne, who is and has dedicated her life to giving back to been expressing her intention to take 11, going on 21, I think, at times, with her community. As she completes her one them away from their home. me here on the House floor. And it has year term as President of the Langston Bar As a mother of three and a grand- been a wonderful experience. It has Association, I would like to take this oppor- mother of two, I am determined to given her an opportunity to see first- tunity to recognize her long list of achieve- keep Winnie the Pooh right where he hand what I do as an elected Member of ments. belongs in New York City. Quite frank- Congress. It has helped her not only Ms. Nobumoto received her Bachelor of Arts ly, the British have their heads in a better understand what I do, but it has degree in Political Science from the University honey jar, if they think they are tak- helped her, I think, become a more re- of Hartford in West Hartford, Connecticut in ing Winnie the Pooh out of New York sponsible young person in her upbring- 1973. She continued her studies at South- City. ing. western University School of Law in Los Ange- Mr. Speaker, Christopher Milne, son I can harken back a few years ago, les, where she obtained her Juris Doctorate of the creator of Winnie the Pooh and when I first was elected to Congress, degree in 1989. Throughout her years at the real life model for Christopher and the Sarah who is now in the fifth Southwestern University, Ms. Nobumoto Robin, gave his blessing to the New grade back then was in the second served as an active student leader. She was York Public Library’s display of his grade. And on the first day of school as the President of the Black Law Students Asso- childhood friends before his death 2 the boys and girls were going around ciation and Vice-Dean of the Delta Theta Phi years ago. Winnie the Pooh, Tigger, the classroom, when it came her turn Law Fraternity. Eeyore, Kanga and Piglet belong in to say what mom and dad do for a liv- Ms. Nobumoto has served on the board of New York, and this resolution will en- ing, she piped up very proudly, my dad directors of the John M. Langston Bar Asso- sure that they stay there. is FRANK RIGGS. He runs for Congress. ciation continuously since 1987. In 1988, she Well, as they say, out of the mouths of H. CON. RES. — received the President's Special Recognition babes. Since then, as I mentioned, she Award and received the same award again in Whereas Winnie-the-Pooh, Tigger, Eeyore, has come to have a far better under- Kanga, and Piglet have lived safely and com- 1996. She served as the first student Section fortably in a climate-controlled, bulletproof standing of what I do and what the pur- Chairperson and worked with the past presi- case at the New York Public Library for ten pose is of the Congress as our National dent to institute the Langston Law Student Ca- years. Legislature. reer Day and Mentor Program. She also man- Whereas they bring happiness to the 750,000 I think our primary purpose, our aged the Law Student Scholarship Program in people who visit them each year. most important objective has got to be, H368 CONGRESSIONAL RECORD — HOUSE February 5, 1998 as I said before, the future of our chil- perhaps through civic affairs or busi- if we want to make sure that those pro- dren. They are all our children. They ness involvement. grams are preserved and strengthened; are, they represent our hopes, our I am going to talk a little bit about that is to say, to make sure that they dreams, our common mission. I am our children. The first thing I want to are financially solvent well into the here today out of concern for, address- address since there is some very real 21st century. ing the House under special orders out concern about the future of Social Se- b 1500 of concern for her future and the future curity, the first thing I want to men- of her generation, and for that matter tion is that this Congress over the Now, House and Senate Republicans a generation of children yet unborn. course of last year and the previous do have a real plan for Social Security, and I make reference to a commentary I want to talk about how the children Congress, which represent about 31⁄2 of tomorrow can receive a better edu- years to date of a Republican control of that was written in the Washington cation today and what we might do in the Congress, this Congress and the Times by Senator TRENT LOTT, the the remaining months of this legisla- past Congress have made some tremen- Senate majority leader, and he points tive session of Congress over the course dous strides in creating a better future out in this article that we are attempt- of this year, between now and the tar- for our children and fulfilling our ing to bring about fundamental re- geted final adjournment of this Con- promises to the American people. We structuring of the Social Security pro- gress in early October. have adopted a balanced budget, and as gram. His commentary begins by say- ing the President says he wants to talk But before I get into that, as I was the President told the country the about Social Security. talking about my daughter Sarah other night in his State of the Union Talking is the easy part. Doing the Anne, I also harken back to my days as address, we are on the verge of realiz- right thing is another matter. Let us a local Little League and school board ing that goal, and we are really on the review the Clinton record. For 5 years president. I had the dubious distinction verge of seeing the Federal Govern- the President has talked about entitle- of serving in both capacities at the ment for the foreseeable future gener- ment reform, but almost all progress same time, and I like to tell my col- ating a budget surplus, not a budget has come from a congressional coali- leagues that if they really want to deficit, a budget surplus here in Wash- tion of Republicans and centrist Demo- know what politics are all about, they ington. In fact, the current trend line crats. True, the President passed incre- should try being both a Little League projections for the Federal budget indi- mental Medicare and Medicaid changes president and a school board president cate surpluses, not deficits, surpluses in 1993, but unlike our more recently at the same time. as far as the eye can see. That is very enacted reforms, his bill made no at- There is an old saying that was, I be- encouraging news, and we are going to tempt at structural spending changes; lieve, coined by a former Speaker of have a debate that will commence this in other words, fundamental overhaul the House of Representatives, Tip year and continue again for the fore- of these programs, and instead relied O’Neill, who said that all politics are seeable future in terms of how to best on raising taxes to temporarily shore local, and it does not get any more utilize that budget surplus. up those programs. local than being Little League presi- We have lowered taxes, especially In 1994, the President proposed, as I dent and school board president at the through a $500-per-child tax credit for think we all now know, a Federal Gov- same time. hard-working, overburdened families, ernment, a big government takeover of So I sort of jokingly have made that families, the median family income tax health care. Setting aside the obvious statement, but quite seriously, if you burden in America today being roughly demerits of subjecting one-seventh of want to know what politics are all 38 percent of that family’s income, 38 the economy to government price con- about, forget about matters of war and percent going to taxing authorities at trols, his plan would have created mas- peace and life and death, which we all levels, Federal, State and local. We sive new entitlements and accelerated sometimes have to confront out on the have taken the first steps again to government spending. At the same House floor, and try dealing with the lower the tax burden on families, espe- time, however, the bipartisan Entitle- responsibilities of being Little League cially families with dependent chil- ment Commission, chaired by Demo- president and school board president at dren, under the theory that those fami- cratic Senator ROBERT KERREY, Sen- the same time and a constituency of lies deserve to keep more of what they ator KERREY of Nebraska, concluded many, many parents who do not at all earn, and they are in a far better posi- that the present spending trends for times necessarily agree with the offi- tion to determine how to spend that the old age entitlement programs, So- cial positions of a little league or a money to benefit or to benefit their cial Security and Medicare, are school board. children and to create a better future unsustainable. I can say though that that experience for their children than any Federal The President ignored the Entitle- has taught me that there is that shared Government bureaucracy back here in ment Commission and its chairman, concern about children. Everyone is Washington. but the newly elected Republican con- concerned about their own children ob- We have also overhauled welfare. gressional majority did not. We passed viously, and there is a larger concern That reform is helping millions of our structural Medicare and Medicaid re- that many times extends to all chil- fellow Americans move from welfare to forms in 1995, only to have them be ve- dren in the community, and while I work. Many of those are single mothers toed and demagogued by the President. personally do not agree with the phi- that struggle against heroic odds, and The White House’s demagoguery was losophy that it takes a village to raise by improving the quality of life for supplemented, as we now know, by tens a child, because that seems to shift the welfare recipients as they make that of millions of dollars in union-funded responsibility for raising that child transition from welfare to work, we are attack ads that were targeted at in- from the parents, the immediate fam- also obviously creating a better future cumbent Republicans around the coun- ily, to a larger and more amorphous in- for the children of those households. try, including myself in the 1996 elec- stitution known as a community or a But we do have a long ways to go in tions and, unfortunately, made Medi- village, and too often puts the trust terms of improving the future for our care a partisan campaign issue in 1996 and responsibility for raising children children. I mentioned briefly education and turned it into just another politi- in government instead of where it prop- reform. But we also are looking now at cal football, another partisan ‘‘he said, erly belongs with those parents in that fundamental reform of the Tax Code. In she said’’ type of argument. However, 1 particular home, I can again say that my view, we have to have campaign fi- year later, in a nonelection year, last we all have concerns about our chil- nance reform at the Federal level be- year, 1997, the President signed reforms dren and want to create obviously a cause if we really want to change the that were very similar to the ones that better future for our children. That is way we govern, we have to change the he had vetoed and demagogued for over what brings us together as concerned way we campaign for office. a year. He signed similar reforms into citizens and as leaders in our respec- And we need entitlement reform or law. tive communities, whether it be a posi- reform of the entitlement programs, Now, early last year both a Federal tion of elected leadership or whether it the so-called old age entitlement pro- commission and Alan Greenspan con- be some other position of leadership as grams of Social Security and Medicare, cluded that the Consumer Price Index February 5, 1998 CONGRESSIONAL RECORD — HOUSE H369 overstates increases in the cost of liv- ees to reduce the deficit, ignored the structive. It is inconsistent with the ing by about 1 percent. Senator LOTT entitlement commission, he has principles of a free society, and many then proposed appointing a panel of demagogued both Medicare and Medic- of us are joining together in this Con- technical experts to correct these aid, he has refused to consider the Sen- gress to work towards the enactment flaws. However, again, the President ate bipartisan proposal to fix the Con- of a new, simple and fairer system that and many congressional Democrats, sumer Price Index problem which over- would apply a single low rate of taxes backed by the labor unions and some of states the annual rate of inflation, he to all Americans. We want to move their other special interest allies, re- has rejected the bipartisan Medicare from the present system of taxation to fused to address this problem, reinforc- beneficiaries reforms, and he has now a simpler, flatter, fairer Tax Code and ing this impression out there, this delayed the Medicare commission. tax system and a single rate of tax- stereotype, that entitlement reform That is not true presidential leader- ation for all Americans. continues to be the third rail of Amer- ship. We want to continue to provide tax ican politics; that if one goes anywhere On top of all that, he now proposes to relief for working Americans. And near it as an elected official they just expand the second largest entitlement when we consider all the abuses that might get electrocuted, in a political program, yet says he wants to reform have come to light from recent hear- sense that is. the largest. He proposes to expand ings here in Washington and the hear- Last year the other body, the Senate, Medicare at the same time he is talk- ings that many of us have had in our passed historic Medicare reforms, in- ing about reforming Social Security. congressional districts around the cluding raising the Medicare eligibility Why should the American people be- country, we want to protect, do a bet- age and means testing premiums for lieve him? And I am going to have ter job of protecting the rights of tax- more wealthy beneficiaries. And, in my more to say later on the President’s payers against tax collection abuses by view, they deserve a lot of credit for trustworthiness. the IRS. those actions. They also demonstrated So we have a tremendous challenge I also believe, going back to the a bipartisan willingness to make politi- ahead in terms of entitlement reform. theme and the importance of creating a cally difficult choices in the interest of It is one of the chief pieces of unfin- better future for our children, that we our children and in the name of their ished business in this Congress and, in have to eliminate the bias in our future. my view, will be probably confronting present Tax Code against savings and U.S. News and World Report called it the next Congress, when we consider investment. It is one of the perverse in- the Senate’s magic moment and won- that just over the horizon, the chal- centives that riddles American life dered whether the President would get lenge that lies just over the horizon, 75 when we consider that we have a Tax on board. Well, the news that I share million baby boomers will begin retir- Code and a tax system that continues with my colleagues and the American ing around 2008. to promote consumption and spending people today is the President never That happens to be my generation. I over savings and investment. If we can even got near the boat. admit it. I am one of the baby boomers. eliminate that bias, if in fact we can Now, we do have a newly created We have to address this problem and emphasize savings and investment, we Medicare commission, which was origi- we have to adjust our programs for the can reduce the tremendous strain that nally supposed to report in early 1999 aging, the graying of the American is going to be placed on those old age to the Congress. To avoid having to ad- population. If we fail to do that, then entitlement, the old age retirement dress Medicare in the State of the these programs which constitute the programs, the Social Security and Union address, next year’s State of the social safety net in America are, in my Medicare that I just mentioned a mo- Union address, the White House has view, in real jeopardy, especially for ment ago, when the baby boomer gen- proposed that the commission postpone those who are most dependent upon eration reaches retirement age. their report to March. That would these programs in their retirement, So tax reform, entitlement reform, mean, if that comes to pass, that the low income individuals, many of whom campaign finance reform, education re- President has ducked yet another op- have to rely on a fixed income to make form are all critical in terms of the portunity to really exert presidential ends meet. challenges facing this Congress and fu- leadership and make a difficult choice So the challenge for this Congress, ture Congresses as we look at the fu- on this most vexing issue. Medicare is the second largest enti- and it is a bipartisan challenge, is how ture and try to create more oppor- tlement, and it will grow $88 billion can we convince the President that we tunity and more security for our young over the next 5 years, more than total are willing to tackle Social Security people. I think it is safe to say that congres- Federal Government spending, more and Medicare reform on a serious and, than total Federal taxpayer spending I would hope, nonpartisan basis. We sional Republicans want to take this on crime, education and the environ- have the proposals out on the table. country to a new level of freedom and ment combined. Yet the President pro- And as Senator LOTT, Majority Leader opportunity through less taxes and poses what we feel is a tremendously in the Senate, points out, we really do more choices for families by improving irresponsible expansion of the Medicare need to have, and as Speaker GINGRICH our schools. And we are going to be program for early retirees and refuses has said, we really do need to have an looking at a number of educational to allow seniors to use their own adult conversation about reforming proposals that are now pending before money to pay a doctor. and preserving Social Security in this the Congress. Of course, he knows in making that country. I happen to chair the education sub- proposal, which he mentioned last We believe that Americans want committee in the House of Representa- Tuesday night, or a week ago Tuesday more than talk; that they have a right tives, the so-called Subcommittee on night in his State of the Union address, to expect more than talk from their Early Childhood, Youth and Families, he knows that that expansion will be elected officials when it comes to enti- and we are moving forward on a num- popular because he is offering a politi- tlement reform, and that the onus is ber of fronts right now. We had a very cal goody, another entitlement, if you now on the President to close this successful legislative year last year, a will, to a demographic group with a enormous credibility gap that is cre- very ambitious year, where we passed high voter turnout; upper income peo- ated by the discrepancy between what legislation to improve the education of ple in their 50s and 60s, who could af- he says on the one hand and what he children with learning disabilities and ford to retire early and buy into the has done on the other with respect to special needs, to expanding vocational Medicare program. entitlement reform, because, as we all education and technical training op- His proposal, however, would benefit know, actions speak louder than words. portunities for those young people who only the wealthiest beneficiaries and So entitlement reform is a critical are not college bound or who, if they go would encourage employers to dump issue facing this country. We also know to college, may not complete college, older workers and early retirees into a that the time has come to make a com- so that they actually have employable government program. mitment to fundamentally reforming skills that they can market in the real So in the name of entitlement re- the Tax Code. The current Federal in- world of business and private enter- form, the President raised tax employ- come tax system is economically de- prise. H370 CONGRESSIONAL RECORD — HOUSE February 5, 1998 We have passed legislation that will prove to the public that alternatives and from there into the classroom, encourage States and local school dis- exist to a centralized system and so lay hopefully, to pay someone who knows tricts to create more independent pub- the intellectual groundwork for vouch- that child’s name. lic schools. These are called charter ers. The idea is very simple. We want to schools. And this is a very simple con- So I am pleased again that we are get the most bang for the buck. We do cept where local schools, and by local I going to be moving forward on charter not want the money continuing to be mean that individual school is given a school legislation over the coming siphoned off for bureaucracy at the great deal of freedom and autonomy to months in the Second Session of Con- Federal or State or even, for that mat- experiment in education and to make gress. ter, local district school level. We want improvements and innovations. However, charters are just one form to drive it down locally into that class- Charter schools are, to date, a very of empowering parents through choice, room to pay someone who knows that successful experiment in decentraliza- just one way, if you will, of infusing child’s name, under the theory that tion and deregulation in public edu- competition and great accountability those dollars should follow the child. cation. And based on the early results, into the education system in America And, again, we are going to be looking charter schools have led to an increase, today. at legislation that would test teachers’ an improvement in pupil performance There are several other forms of edu- skills and provide them with merit pay at those charter schools. And that is cation choice, including tax credits, as raises. really the bottom line. have been implemented in certain I personally believe that the teaching Charter schools are also a step, a States. Minnesota, under Governor profession is a missionary calling. It is milestone, I guess we could say, on the Carlson, immediately comes to mind. one, quite honestly, where I think that road to creating full parental choice in I mentioned tuition scholarships, or if we are honest and admit that we can- public education today. I happen to be- vouchers. We are going to be looking not afford to pay the very best teachers lieve that parents should be given the again at opportunity scholarships for what they are truly worth and, con- full range of choice among all compet- underprivileged District of Columbia versely, anything that we pay to a bad ing institutions; that parents, as the children here in the next few weeks, fo- teacher is probably too much. But I consumers of education, the people who cusing specifically on those children think we have to understand how im- pay the majority of taxes for public who are attending unsafe and/or under- portant the teaching profession truly education, should be empowered to se- performing schools. is. lect the school and the education that And, of course, Senator COVERDELL It has been said that a teacher can is most appropriate for their child, and and Speaker GINGRICH have also pro- affect eternity because they never that no one is better positioned, better posed the ideas of education savings ac- know where their influence on that able to make that decision regarding counts where parents could contribute child might end. So we are going to be that child’s welfare and the schooling after-tax dollars to an IRA, an Individ- looking at a way, again, where we can that is appropriate for that child than, ual Retirement Account, for education assist and enhance the teaching profes- obviously, the parent or parents of that purposes and then make withdrawals sion and where we can encourage more child. tax-free for any education expense, in- accountability and more incentive in I am encouraged that we are moving cluding education expenses associated the teaching profession. forward with charter school legisla- with their child attending a private So we are moving forward on a num- tion. The Senate, the other body, has primary or secondary, a private ele- ber of fronts in education aggressively, indicated that they are going to be mentary or high school. So we are making it the top legislative priority taking up our charter school legisla- moving forward aggressively on ex- for the Republican congressional Ma- tion in the context of their very com- panding educational choice in this jority. prehensive education plan, which they country and empowering parents. However, we are not going to do as are calling the BOKS legislation, the Now, I do have a couple other things the President has discussed, which is Better Opportunities for our Kids and to mention in the area of education. attempt to finance a bunch of new Fed- Schools Act, and the acronym, as I I mentioned that House and Senate eral education programs out of the fu- mentioned, is BOKS. So I am pleased Republicans are working on a com- ture anticipated revenues resulting that they are recognizing that Federal prehensive measure to improve edu- from a settlement of the tobacco class- taxpayers and the Federal Government cation that would allocate money to action lawsuit against the States. It have a role in expanding charter better train teachers and parents to would be foolish. It would be unwise. It schools. teach reading. would be imprudent. It would be some- We are also looking at another pilot thing that we would not do in our lives, b 1515 program for vouchers for low-income in our homes or in our businesses, to I want to quote to my colleagues students that would be patterned after spend money before we actually have from an article in the Weekly Standard our legislation for the District of Co- it. edition of December 8, 1997, in an arti- lumbia but would potentially allow Our education proposal will be fully cle that was written by David Brooks, other school districts, primarily urban paid for. It will not involve new Fed- the senior editor of the Weekly Stand- school districts, to pursue the idea of eral spending. It will not involve rais- ard, where he says that, vouchers on a pilot basis to see if, in ing taxes. It will not rely on the pre- The early evidence suggests that these tax- fact, those vouchers, those tuition sumed revenues from the tobacco set- supported independent schools, charter scholarships, increase or improve pupil tlement. schools, run by their own boards, their own performance and give parents a way We believe that one of the ways that board of trustees, their own governing board, out of failing school districts. we can pay for our education spending within the public system raised student And I just cannot stress how impor- is to take all of these categorical pro- achievement. Moreover, if the country is tant that is. Because I personally be- grams that are housed back here in going to shift eventually to a voucher sys- lieve that our country could not afford Washington, they are located primarily tem, to lose another generation of urban in the Department of Education, but this is the idea where parents would schoolchildren. they are spread, to be honest about it, have tuition scholarships through tax- So we are going to be pursuing a spread about the whole Government payer funding to select the school, the voucher pilot in school districts around bureaucracy, they are administered by education that is appropriate for their the country. a number of different Federal depart- children. We mentioned charter schools. We ments, agencies and commissions, and Moreover, if the country is going to are also looking at legislation that take those programs and consolidate shift eventually to a voucher system, it would require that the great majority them into a block grant to State and will first have to pass through a char- of Federal taxpayer spending for edu- local school districts. ter phase so that when choice prevails cation go down to the classroom level, The savings that result by reducing there will be a variety of independent down to that local school district, and bureaucracy here in Washington can go schools to choose from. Charters can from there to that individual school, a long ways towards helping to pay for February 5, 1998 CONGRESSIONAL RECORD — HOUSE H371 education initiatives. So I want to Now, the other thing I want to say in my home community, could not go make sure that I stress that our Fed- about the President’s initiatives is, into the corner grocery store without eral education programs, as we prepare quite simply, that he seems well-inten- encountering a constituent. I was in for a debate on the fiscal year 1999 Fed- tioned. I do not doubt the President is the phone book. I was accessible. eral budget, we will be having a debate sincere when he talks about trying to It is that accessibility that I think is out here on the House floor in the com- improve education, and I tend to agree paramount to improving the quality of ing weeks on a budget resolution, and with him that partisan politics ought education in America today by increas- once we adopt a budget resolution that to stop at the schoolhouse door when ing the accountability that local sets the Federal spending limits for we talk about education and improving school districts have to the ultimate 1999 fiscal year, we will then be debat- schools. consumers of education, parents and ing the 13 annual spending bills for the However, I also hasten to add that guardians. Federal Government that effectively the President seems to want to con- That is what we want to create here implement the Federal Government. centrate, when he talks about edu- in Washington. We want a new edu- But I want to emphasize that we are cation, wants to concentrate more and cation paradigm, a paradigm shift, if not going to go back to smoking mir- more power and authority, more of the you will, where we shift the attention rors budgeting. We are not going to dollars and the decision-making re- in education from the providers of edu- rely on money that we do not have and sponsibility for education here in cation, the whole education establish- may never Washington. And I do not think that is ment, to the consumers of education. receive here in Washington. the way to go; and I know that senti- In fact, the gentleman from Texas Again, the best way to do that is to ment is shared by many, many of my give those consumers the right to (Mr. ARMEY), the Majority Leader, who fellow Republicans, my congressional choose the education that is most ap- has been a real leader in education re- colleagues, as well as many Repub- form both in the Congress and in the propriate and best suits their child. licans around the country. So I wanted to kind of quickly touch District of Columbia public schools and I do not think it makes sense at a in other States and communities a little bit about where I see the Con- time when we are trying to bootstrap gress going. around the country, a catalyst, a improvement of our schools, at a time change agent for fundamental reform I mentioned the Social Security when we are trying to encourage more problem. That is a problem not just for and improvement of our schools, he has responsibility and accountability in said as recently as just a couple days the baby-boomers, as I mentioned in education, which, after all, has to ago something that kind of laid out the my remarks, but for the children of the occur at the local level, right at that parameters for what the Republican baby-boomers, the so-called echo- individual school site level, which, congressional Majority will accept boomers. again, is keeping with the long-stand- with respect to tobacco legislation. Because if we do not take steps, obvi- ing American tradition of local control Majority Leader ARMEY said that the ously, to reform Social Security struc- President wants to use the tobacco and decentralized decision-making edu- ture now well into the next century so deal and about $65 billion in antici- cation. Given that, I do not think it it is solvent when the baby-boomer pated revenues that may not result makes sense to try to create more and generation reaches retirement age, it from the tobacco deal, the tobacco more programs here in Washington and obviously will cease to exist in subse- class-action lawsuit settlement, as a invest more and more authority in the quent years when the children of those cash cow, that is the Majority Leader’s United States Congress and in the Fed- baby-boomers, the echo-boomers, reach term, to pay for a sweeping array of do- eral Government bureaucracy. retirement age. It does not make sense to constantly mestic programs. And he made it very So it is critically important we ad- nationalize and federalize these initia- clear that we are not going to accept dress education reform, tax reform, en- tives when, in fact, we ought to be that position. titlement reform, and I would hope working to reduce bureaucracy here in The Majority Leader also said that if again entitlement reform. Washington in order to get more re- there is congressional action on to- But as critical as all those issues are, bacco legislation that it will be action sources and more decision making au- thority out there to States and to the I want to talk about one other issue in to use the money for the correct and my special order. That is the impor- primary purpose of preventing teen local school districts where it will do the most good. tance of moral leadership in America smoking; it will be focused on preven- today. Because everything that we tion and cessation initiatives and on I do not think, whether we are talk- ing about national testing, as we were might say or do from a policy stand- health care research. Because, after all, point pales to the personal example we have to remember that the tobacco debating on the House floor earlier today, or any other of the President’s that we set as elected decision makers, class-action lawsuit filed by the States as elected office holders. against the tobacco companies is to re- new education proposals, to turn the With the possible exception of the cover the cost that taxpayers in those Congress of the United States into clergy, I do not think that there is a States that both State and Federal some sort of national school board. position of greater public trust than taxpayers have incurred through We want, again, to decentralize the holding elective office. I am afraid spending on the Medicaid program for funding and decision making in edu- that, too often, we have wandered away tobacco-related illnesses. cation. We respect the autonomy and So we want to put the money into the authority of that local school dis- from that realization. teen smoking initiatives, anti-smoking trict. I am pondering this today because, initiatives, and in biomedical research. I am a former school board member earlier today, this morning, we had the And our health care initiatives, I be- myself, served 5 years on my hometown National Prayer Breakfast. While it ap- lieve, have tremendous bipartisan sup- school board including two terms as a pears that our country is sailing along port as we concentrate more money school board president. I have the on a polite course and enjoying peace through the National Institutes of greatest respect for those people who and prosperity in a booming economy, Health on research into the causes and were there sort of on the front lines of underneath that veneer is a struggle prevention of cancer-related illnesses. education, if you will, and who are going on for the soul of America. There That is where we are going to spend making those sort of policy decisions is a moral crisis occurring that under- the money. We are not going to go on a daily basis in their local commu- scores the importance of ethical and back into smoking mirrors budgeting nities. They also are far more account- moral leadership in America today. and start making budgeting decisions able to the people who elected them, Again, I stress this because that lead- over the coming year, over the coming their constituents, than we could ever ership, that kind of ethical and moral months, that is predicated on the set- be. leadership is what forms the bond, if tlement of this lawsuit and the receipt I go back to what I said earlier about you will, between elected officeholders of millions or billions of dollars to the serving as school board president and and the people who really obviously Federal Treasury when, in fact, those Little League president in the same have the true power in a representative funds may not materialize. year. I literally could not go anywhere democracy. H372 CONGRESSIONAL RECORD — HOUSE February 5, 1998 b 1530 there is far more to this whole con- the all too human failings that he man- I am very distressed about the events troversy than what the President has aged to conceal from the American that have been occurring back in Wash- told the American people. people, even as he has persuaded them ington over the last few weeks, and I Now, let me also make clear that this to entrust him with the highest office have to say, as I turn to this subject, I is not about some sort of sexual rela- in the land. have to say at the beginning that I tions, in my view. This is all about ‘‘Until he does that, it will be impos- cannot find the explanations that have lying and obstruction of justice. This is sible for him to exert the kind of moral been coming out of the White House, all about the fundamental responsibil- leadership that is the true mark of all the political advisers with their ity, going back to that bond, if you Presidential character. As it is, he has spin, lawyers, the First Lady, and even will, that covenant, between the elect- forfeited the right to expect the Amer- the President, I cannot find that or- ed officeholder and the people that he ican people to cut him any more slack. chestrated and concerted effort credi- or she represents, and in the case obvi- He has,’’ and these are The Hill’s words ble. It is not credible to me. ously of the President, that is all the now, this publication, ‘‘He has dis- When I look at the compelling, even American citizens, all American peo- graced and degraded the Presidency overwhelming circumstantial evidence, ple. This is about, again, moral leader- and betrayed his family and friends, his with daily revelations, I have to con- ship and setting the right example and party and his country. His legacy is clude that the President has not lev- teaching our children and future gen- now uncertain and his journey across eled, has not been honest, with the erations through that example. that bridge to the 21st Century is American people, and I want to say I have to be honest and say again fraught with peril.’’ quite sincerely that I think that de- that I am really dismayed by this con- And it is fraught with peril, because ceit, that stonewalling, is jeopardizing troversy and concerned that with every I also harken to the words of a very re- the President’s tenure, and I think passing day there is a real problem, a spected political commentator and really imperils his Presidency. real potential, rather, that this coun- I cannot for the life of me understand try may become paralyzed by this par- widely syndicated columnist, David why the—and I said this a week ago ticular scandal or controversy, and Broder, who wrote in the Washington when matters first came to light—I that it could then potentially impede Post on January 21, ‘‘The controversy cannot understand for the life of me the ability of this body, the United surrounding the President is especially why the President has not stepped for- States Congress, to carry out its very disturbing and potentially dangerous, ward and put this matter to rest, ad- important work in facing the chal- because international affairs are slip- dressed head on the allegations that lenges that confront us as a country as ping from his control. Saddam Hus- have been swirling around, particularly we try again to create that better fu- sein’s defiance of U.S. policy and UN if he was sincere and honest when he ture with more opportunity for our weapons inspection teams is becoming looked at the camera, stared at the children. more brazen,’’ although I do believe American people in the face and said Now, this is another Capitol Hill pub- since Mr. Broder wrote these words there was nothing to these particular lication called The Hill, dated January that in large part, because of the Re- allegations. 28th, and I want to share these words, publican leadership of the Congress ral- In fact, I am looking at the Presi- because I think it underscores the mag- lying to the President’s side, we have dent’s quote from an article in Roll nitude of what we are talking about been able to bring Hussein more into Call, which is the Capitol Hill news- here. check. paper from last Thursday, or Thursday, It goes on to say, ‘‘Even if the,’’ and Broder goes on to write, ‘‘After the January 22, when he was asked by a re- they use the term ‘‘Arkansas Houdini,’’ rebuff Congress handed President Clin- porter, you said in a statement today ‘‘Even if the President escapes from his ton last year by denying him Fast that you had no improper relationship latest crisis and serves out his second Track trade authority, he faces a dif- with this intern. What exactly was the term, the Clinton presidency as we ficult struggle for approval of the funds nature of your relationship with her? have known it is over. His undeniable he wants to commit to stabilizing trou- This is the President’s verbatim an- character flaws, which his family and bled Asian economist, and Bosnia looks swer: Well, let me say the relationship friends and the voters have been will- more and more like a place that will was not improper, and I think that is ing to turn a blind eye to in the past, keep U.S. and NATO forces he en- important enough to say. But because are now glaringly obvious, and have meshed for years.’’ cost him dearly in terms of the moral the investigation is going on and be- I do not necessarily agree with his leadership and public trust that are a cause I don’t know what is out—what take on world events, but I think his President’s greatest asset. is going to be asked of me, I think I primary point is that we have a num- ‘‘Americans are willing to forgive need to cooperate and answer the ques- ber of potential flash points around the their elected officials almost any sin as tions. globe, we have these brush fires that Now, I couldn’t agree more. There- long as they tell the truth.’’ could really heat up and become a con- fore, I cannot understand the deafening We cannot countenance not telling flagration in different parts of the silence that is coming out of the White the truth. We cannot countenance world, and we need a President who can House. lying and deceit and stonewalling and The President goes on to say, I think covering up. We cannot do that, be- exert his Presidency and use his bully it is important for me to make it clear cause if we do that, we destroy the fun- pulpit to the fullest. To do that, again, what it is not. And then at the appro- damental trust between the elected of- he has to have, as The Hill suggested, priate time, I will try to answer what fice holders and the American people, the moral leadership and the public it is. But let me answer, it is not an and we contribute to this widespread trust. improper relationship, and I know cynicism and apathy in American soci- So I am profoundly disturbed by what the word means. ety when it comes to political partici- what has been going on and the fact I don’t know when the appropriate pation and making your voice heard that, from all appearances, this is time would be, but I don’t think that and your vote count. going to become a typical Washington the President and the country are well- It contributes to this alienation and scandal, where the President is going served by continuing to stonewall and distance that too many American peo- to try to hang on as long as possible, deny on this issue. I think the appro- ple feel from their government, their attempting to basically divert public priate time for the President to address representative government, and their attention from this particular issue, these allegations would have been at elected representation. rather than, again, confront the truth the outset of this whole controversy, The Hill goes on to say, ‘‘We do not and level with the American people, be- when the allegations came to light. I believe that President Clinton has done cause I just do not find him, again, be- can only conclude that by failing to ad- that in the present case, and we don’t lievable or credible when he looked at dress the allegations, which the Presi- know if he will or is enable to, without the American people, looked that cam- dent promised the American people he exposing himself to charges of perjury. era in the eye, and denied any relations would do, that that then suggests that As a result, he must explain and justify with this young 21 year old intern. February 5, 1998 CONGRESSIONAL RECORD — HOUSE H373 The other fundamental question here monarch whose highest concern is obe- study. In fact, I visited an elementary is, really, doesn’t America deserve bet- dience to God and the well-being of our school patterned exactly the way my ter? I really believe the American peo- Nation; that they would be men and elementary school was patterned. The ple deserves better leadership than women who would have the courage to same floor plan, where a teacher was what we have had from the President, refuse to speak anything other than holding class in what used to be the and the only way we can get that par- the truth.’’ broom closet for the janitor of our ticular leadership is, again, for the He goes on to say, and I think this is school or, for example, I took a look at President to level and tell the truth. really the most important lesson we the classroom that was made from the The truth is really paramount. This can teach our children as they develop breezeway because we used to walk is an article that was in the San Diego character, as they begin to realize the through a silent tunnel to get from one Union Tribune back in December, and importance of personal integrity and set of classes to the other when I went it was a column that says, ‘‘Give a honesty in all of their words and ac- to school, and now, doors have been child integrity for Christmas.’’ And it tions, he goes on to say, ‘‘Truth mat- slapped on the sides and this too has talks about the sense of integrity is ters. Truth matters, and character been turned into a classroom. And I the most important gift that we can matters. It matters for the well-being held a forum just a few weeks ago in give our children. So how do we teach of our Nation. One day all truth will be my district with minority leader GEP- them? revealed when we stand at the final HARDT and JUANITA MILLENDER-MCDON- Then it goes on to quote a Professor judgment of God, and those who have ALD, a former public school teacher in of Ethics at the University of San the courage to walk in and speak the California, and we listened to parents Diego by the name of Larry Hinman truth now will not be ashamed at that and to children and to school adminis- who says that he thinks about this final day. Whatever is true, St. Paul trators talk about what it feels like to question a lot, and certainly it has says, think on that. The truth, Jesus be in an elementary school built for 500 been on my mind constantly in recent said, will free us. The truth matters in with 1,100 children attending; with 23 days. the lives of our children, our homes, at permanent classrooms and 27 portable Professor Hinman says he struggles church, and in Washington.’’ classrooms on the playground, on what every day to teach integrity to his 5 I submit to my colleagues if it mat- used to be basketball courts, on the year old daughter. Then it quotes him ters in your house, it certainly ought grass areas, and our children are going as saying, ‘‘If I talk about integrity to matter in the White House. year-round to school. Even in Ana- with my child and don’t practice it, I f heim, we are contemplating such a will actually undermine her sense of shortage of classrooms that we will integrity, so I try to practice what I b 1545 now be considering in July double ses- preach. If I tell her no shouting, I try EDUCATION AND SCHOOL sions, which means our children could my best to follow my own mandate, CONSTRUCTION go to school early in the morning and and I don’t shout. Keeping promises to be late getting out in the dark, for ex- her is also a part of integrity. She al- The SPEAKER pro tempore (Mr. ample. ways remembers if I make a promise, ROGAN). Under a previous order of the So it becomes even more important and if I don’t deliver, she is quick to House, the gentlewoman from Califor- to address the issue of school construc- point it out.’’ nia (Ms. SANCHEZ) is recognized for 5 tion, and we are trying to do that. I So I really believe that, again, par- minutes. have introduced a Rebuild America’s ticularly to those of us who hold a po- Ms. SANCHEZ. Mr. Speaker, edu- Schools Act, which would require local sition of public trust, that we should be cation, education, education. I sit on parents, teachers, taxpayers, to take held to a higher standard, and the only the Committee on Education and the the responsibility of building new way that we can meet or even exceed Workforce. Now, Mr. Speaker, it is in- classrooms, and we would help them by that standard, is to try to demonstrate teresting to hear so many people this giving them tax credits for the interest integrity and honesty in our every deed year talk about education. In particu- paid on bonds they would have to pay, and in all our words. lar, when I see some of them were the they would have to pass in order to Again, I hope that this somehow this ones who were cutting the school lunch build new schools. particular matter can be resolved, but program for our children just a few Individuals would have to take local I worry that we are, by perhaps turning years ago. And I remember that, be- responsibility to ensure that children a blind eye, by going along with the po- cause I sat on the other side of the tel- have a place to study, but we need to litical spin, we are sending exactly, evision watching and hearing what was help them. And in California where we precisely, the wrong message to our being debated. Today, when we were are growing by 5, 6, 10 percent a year in young people about the importance of talking about national standards, the number of children who attend honesty, integrity and moral leader- something we had already resolved last schools, we must find a solution. I hope ship. We have got to, as a Nation, if we year, I thought, this is not doing any that the bill that I have here in Con- want to I think really rediscover, or re- good for our children. So let us talk gress now will become law. It is pat- cover, our greatness and fulfill our des- about issues that really matter to our terned after a program we already have tiny as the greatest Nation in the his- children. on the books, one which we passed in tory of the world, as the leader of the For example, school construction. August. Mr. Speaker, it is not just world as we enter the 21st Century, we Now, this past couple of months, every urban city children who need help. It is have got to rediscover basic American weekend when I have gone back to children in suburbs who also have values like honesty, integrity and mo- Anaheim and Santa Ana and Garden many attendees in their school dis- rality, and we have to regain really a Grove, the areas and cities that I rep- tricts, it is children that I represent. It sense of moral outrage when people resent, I have been visiting schools. In is not just at-risk kids who we must play fast and loose with the truth. fact, I have probably visited almost 60 talk about, because all of our children So, again, this morning we had the elementary and secondary schools in are at risk right now. They are at risk National Prayer Breakfast back here in my district. And since I went through when one child is hungry in the class- Washington, and this is actually a ser- the public school system in Anaheim, I room and bothering those who are fed. mon that was published in the paper have gone back to many of the same They are at risk when there is no band earlier this week by an Episcopalian schools that I graduated from. Indeed, program in the school. They are at risk priest or minister in Falls Church, in one of the biggest reasons that I ran when PE has been taken away because Northern Virginia, just across the Po- for Congress was because I wanted the there is no gymnasium and no money tomac River. children in Anaheim to receive the to build those facilities, and they are In this sermon he said, ‘‘Let us pray same type of education that I had re- at risk when our children have no play- this week that at the National Prayer ceived 25 years earlier. grounds because there are portable Breakfast, that our leaders would expe- Well, the biggest problem we have classrooms sitting there. rience a spiritual and moral renewal, right now back home is that our chil- Let us really talk about what mat- whereby they aspire to the stature of a dren have no classrooms in which to ters to our children. H374 CONGRESSIONAL RECORD — HOUSE February 5, 1998 SUNDRY MESSAGES FROM THE The warship that stopped on Guam, vestige of foreign rule and establish PRESIDENT the USS Charleston, under the com- America’s presence and influence, the Sundry messages in writing from the mand of Captain Henry Glass, was naval government imposed many new President of the United States were transporting American troops to the rules and regulations. Its orders were communicated to the House by Mr. Philippines en route from Hawaii. Cap- unilateral and beyond question. Its Sherman Williams, one of his secretar- tain Glass received orders to stop and rule was strict and often clumsily rac- ies. take the island of Guam. The Charles- ist, and still hoping to secure the bene- ton arrived at Apra Harbor on June 21, fits of American democracy for Guam, f 1898, and then, at that time, Guam was a group of island leaders drafted a peti- CENTENNIAL ANNIVERSARY OF part of the Spanish empire, pretty tion in 1901 asking Congress to estab- THE SPANISH-AMERICAN WAR much underfunded and pretty much lish a permanent civilian government forgotten within the realm of the Span- for Guam, one that would enable the The SPEAKER pro tempore. Under ish empire. people to mold their institutions to the Speaker’s announced policy of Jan- What then was the U.S. interest in American standards and prepare them- uary 7, 1997, the gentleman from Guam Guam in 1898 that a warship should be selves and their children for the rights, (Mr. UNDERWOOD) is recognized for 60 detoured from its intended course and obligations and privileges as loyal sub- minutes as the designee of the minor- ordered to take possession of what was jects of the United States, and one ity leader. a run-down Spanish garrison and its which would remove the yoke of mili- Mr. UNDERWOOD. Mr. Speaker, this ill-informed commanders? Well, alas, tary government over Guam. That pe- year 1998 marks the centennial anni- like the declining Spanish empire, the tition was not adhered to until 49 years versary of the Spanish-American War. emerging U.S. empire wanted a foot- later. History tells us that it was fought to hold on Asia’s doorstep. Under Amer- Mr. Speaker, 100 years ago the United liberate the Cuban people from the ican rule, Guam was converted from a States acquired Guam from Spain and yoke of Spanish colonialism. Histo- reprovisioning port for Spanish gal- established a military government of rians and scholars are still debating leons to a cooling station for naval Guam. Now Guam was considered at America’s true motivation for engag- ships, American naval ships. And while that time a possession of the United ing in a fight between the Spanish em- seemingly undramatic, this conversion States, and there is still much confu- pire and its long-held colonial posses- reverberates with profound effects to sion as to what these small territories sions in the Caribbean and in the Pa- this very day. are in actual practice. Sometimes the cific. They are still addressing, at least The Spanish-American War ended in term ‘‘possession’’ is used, sometimes in an academic sense, the long-term ef- December 1898 with the signing of a the term ‘‘territory,’’ sometimes a fects and the many uncomfortable and peace treaty in Paris. The Treaty of ‘‘protectorate,’’ and as a ‘‘position,’’ as the unresolved political issues that are Paris ceded Guam, Puerto Rico and the if it were a thing to be owned and the aftermath of the Spanish-American Philippines to the United States and moved around. But in reality, the ac- War. For 100 years now, the American charged Congress with determining the tual term and the appropriate legal flag has fluttered, both literally and civil rights and political status of the term, which is also a part of the legacy philosophically, over the spoils of what innovative inhabitants of these areas. of the Spanish-American War, is ‘‘unin- has been termed the splendid little A few days after the signing of the corporated territory of the United war. treaty on December 23, President Wil- States.’’ In the months ahead I am sure that liam McKinley placed Guam under the An unincorporated territory of the students throughout the Nation will be full control of the Navy, ordering the United States means that we are owned introduced to historical anecdotes Secretary of the Navy to ‘‘take such by the United States, but we are unin- which set the stage for the Spanish- steps as may be necessary to establish corporated. We are not fully a part of American War in 1898. In the wake of the authority of the United States and the United States. Until we change the Civil War, the U.S. was cementing give it the necessary protection and that status, congressional authority, its identity not only as a unified Na- government.’’ Once again, Guam, like congressional plenary authority, re- tion of separate States, but also as a in the previous 200 years, was given mains in full effect and the Constitu- rising power rich in natural resources, over to military rule. tion applies to Guam only to the ex- growing and prospering and spreading Like their Spanish predecessors, the tent that Congress sees fit to apply it the benefits of American democracy American naval officers who were as- to Guam. That is what happens when from the Atlantic to the Pacific. signed to Guam lamented the lack of something is a territory; the Constitu- Against this backdrop the plight of op- adequate funding for support of a naval tion applies to all American citizens, posed Cubans and the depravity of a station, but they managed to build except in the territories when Congress crumbling European power became rich some roads and schools and raise some decides which parts of the Constitution fodder for American newspapers. The health and educational standards, and apply. Cuban uprising, the sinking of the USS improve the lives of the Chamorro peo- Maine, Teddy Roosevelt and his Rough ple. After more than 100 years of ne- b 1600 Riders and the charge up San Juan glect under Spanish rule, the people of One of the main elements of great Hill, are likely to command the most Guam were grateful for the improve- discussion about political theory today attention, while the capture of Guam, ment in their lives and hopeful for a and the appropriate relationship be- the Filipino insurrection, General bright and prosperous future under tween the Federal Government and the Emilio Aguinaldo and his Freedom American rule. In fact, so eager were local government is the use of the 10th Fighters and the Battle of Manila Bay they to prove themselves worthy new amendment of the Constitution where will certainly not get equal attention. members of the American household certain powers are reserved to the The Pacific theater of the Spanish- that in the interim, which lasted al- States or to the people. American War is as colorful and rich in most a year, in the interim between We frequently hear references to the history as the Caribbean theater, but it the removal from Guam of all Spanish 10th amendment on the floor of the is certainly not as well-known. Even government officials as prisoners of House in order to describe the appro- here in the hallowed halls of Congress, war and the arrival of Guam’s first priate relationship between the Fed- few understand the 100-year progres- American naval governor, the people of eral Government and State govern- sion between the arrival of an Amer- Guam attempted to establish their own ments and individual citizens. The con- ican warship on Guam in 1898 and the civilian government patterned after cept of devolution in those cases used, presence of a Guam delegate in the the American model under the leader- as a core article, obviously draws its U.S. House of Representatives today. It ship of Joaquin Perez. Guam’s first faith from the full application of the is ironic, Mr. Speaker, that a war naval governor arrived in August 189 10th amendment. However, the 10th fought over Cuba and over issues per- and the naval government of Guam amendment is not applied to Guam or taining to the Caribbean saw its first began to take shape in the months that any of the small territories as decided strike in the Pacific within a month. followed. In its efforts to erase every by Congress. February 5, 1998 CONGRESSIONAL RECORD — HOUSE H375 It was not until after World War II, islands in Micronesia, including the ‘‘Bells of Balangiga,’’ which have be- and during which Guam suffered an Northern Marianas, much of the Caro- come the center of a century-old con- horrific occupation by the Japanese, line Islands, Palau, Yap, Ponape, troversy which have placed the people with the passage of the Organic Act Chuuk and Kosrae. of the Republic of the Philippines and that Guam was called an unincor- And even though America had the op- many of the residents of Cheyenne, Wy- porated territory. And the Organic Act portunity to inherit those claims, it oming, at odds. of Guam is the governing document, is chose not to and it only took one is- The people of the Philippines have the basic law of Guam, and it simply land out of the whole Micronesian re- repeatedly requested the return of the means the organizing act of Guam. gion and that island was Guam. The re- bells, and they would particularly like For 50 years, the Navy was the pri- maining islands were then sold by to have them back for their 100th anni- mary instrument of government over Spain to Germany. Then, after World versary celebration of this year of their Guam and the commanding officer of War I, those islands became a part of a declaration of independence from the naval station was also the Gov- League of Nations mandate that was Spain. Several residents of Cheyenne, ernor of Guam. The commander of the given over to Japan. After World War however, have expressed strong opposi- Marines was the head of the Depart- II, those islands were then given as a tion to this request. ment of Public Safety. The Navy chap- United Nations trust territory over to On November 7, 1997, I introduced H. lain was automatically the head of the the United States. Res. 312, a resolution urging the Presi- Department of Education. This was the All of those islands have had their dent to authorize the transfer of the system of government which existed on political status resolved by today. ownership of one of the two bells cur- Guam for the first 50 years after the Three freely associated governments, rently displayed at F.E. Warren Air Spanish-American war. the Republic of Palau, the Republic of Force Base to the people of the Phil- Under naval rule, political participa- the Marshalls, and the Federated ippines. My purpose here is neither to tion was very limited for island resi- States of Micronesia and the new Com- glorify any of the actions taken nor dents. A Guam Congress was author- monwealth of the Northern Marianas condemn any of the atrocities commit- ized, but it was entirely advisory in na- all came out of those islands which the ted at the time the bells were taken, ture. Certainly unlike any of the citi- United States chose to ignore in 1898. but to shed light upon and clarify the zens of the 50 States, or even the Dis- It makes one think that perhaps had issues behind the Bells of Balangiga. trict of Columbia, the citizens of Guam Guam been ignored at that time, by At the onset of the Spanish-Amer- do not enjoy all the full protections of this time today we would have our po- ican war in 1898, the American fleet the U.S. Constitution. And by being litical status fully resolved. under George Dewey was ordered to at- and remaining an unincorporated terri- It is ironic that those who have been tack the Spaniards at Manila Bay. Ad- tory in its current form, the U.S. has most associated with the United States miral Dewey and E. Spencer Pratt, the broad powers over the affairs of Guam in the Pacific are those who have wait- American consul in Singapore, con- and ultimately the future of the ed the longest to see their political vinced Filipino rebel leader, Emilio Chamorro people of Guam. dreams fulfilled. Aguinaldo, to ally his troops with the After the passage of the Organic Act Because Congress is constitutionally Americans, indicating that independ- in 1950, Guam had a civilian govern- mandated to make all of the decisions ence would probably be granted to the ment under the U.S. flag. And in 1970, regarding the territories, and please Philippines. Guam was authorized the right to elect bear in mind that we are talking about After Spain’s defeat, however, it be- its own governor. Here we are 100 years very small units, it is particularly in- came evident that the Americans never later and we still have not solved the cumbent upon this body to examine intended to recognize the legitimacy of final political status situation for Guam’s quest for political status the Philippine republic declared in Guam. change. 1898. Aguinaldo, whose troops lacked It is ironic that in this, the 100th Now, in the year 1998, in the 100th an- the arms and discipline required to di- year of the commemoration of the niversary of the centennial, now is an rectly engage Americans in combat, Spanish-American war, there are really appropriate time to take a look at the issued a proclamation calling upon two remnants of that war which cry issue of Guam’s political status and its Filipinos to employ guerrilla tactics out for attention. Those are Guam and quest for commonwealth. against Americans. The next few years Puerto Rico. So it is a very difficult I would also like to focus upon an- saw a war which engendered much con- time for those two areas, and I cannot other issue which is directly related to troversy in this country, but which is speak for Puerto Rico, but I can cer- the centennial celebrations. As we cel- not well understood today, in which tainly speak for Guam, that it is a very ebrate in the United States the centen- 4,200 Americans and an estimated difficult item for us to try to relate to. nial of the Spanish-American war, the 220,000 Filipinos lost their lives. Need- How do we seek to commemorate people of the Philippines will celebrate less to say, atrocities were committed 1898? In 1898, we had a flag raising on the centennial of their Declaration of on both sides. Guam. Implicit in that flag raising was Independence. Mr. Speaker, 4,200 Americans died the promise of the fulfillment of Amer- The Philippines declared its inde- subduing the Philippines. In the course ican democracy. One hundred years pendence in 1898 but did not actually of the entire Spanish-American war, later, that promise has yet to be ful- achieve it until 1945. And although including the charge up San Juan Hill, filled. most of us recognize 1898 as the begin- only 398 Americans died in battle. But How Guam commemorates the 100th ning of our long relationship with the in subduing the Philippines over the anniversary of 1898 will be, in many re- Republic of the Philippines, I think it next few years, 4,200 Americans died. spects, a measure of how Guamanians is most unfortunate that I believe a One particular example of the trag- who are today U.S. citizens, see them- majority of Americans today are un- edy of the so-called Philippine insur- selves as a society. aware of the dynamics and the nature rection occurred in the island of The other areas that were a part of of our initial relationship with the Samar. In September 26, 1901, rebels the process of the Spanish-American Filipinos. disguised as women smuggled weapons, war, namely Cuba and the Philippines, F.E. Warren Air Force Base in Chey- mostly bolos, past inattentive sentries. as political projects are complete. But enne, Wyoming, a former Army post While preparing for breakfast, the Puerto Rico and Guam are not com- occupied by Army Indian fighters, townspeople simultaneously attacked plete. Guam remains one of the two plays host to historical artifacts that and killed Members of the Ninth Infan- last pieces of the puzzle of 100 years are becoming a concern to more and try ‘‘C’’ Company. Reinforcements that has come from the Spanish-Amer- more Americans and is already a con- were sent through the 11th Infantry ican war. And it is interesting to note cern to many, many Filipinos. I am re- and, in retaliation, Brigadier General that when Spain lost the Spanish- ferring to a couple of church bells Jacob Smith ordered every village on American war, Spain had claims not taken from a Catholic church in the the island of Samar to be burned and only to the Philippines but throughout Philippines by members of the 11th In- every male Filipino over 10 years of age much of the central Pacific; all of the fantry in 1901. Known to many as the to be killed. H376 CONGRESSIONAL RECORD — HOUSE February 5, 1998 Evidence suggests that the priests at proper for the United States to share do. It is the sensible thing to do. It is Balangiga rang the town’s church bells the Bells of Balangiga with the people the right thing to do. every time the American troops were of the Philippines for their centennial On behalf of a growing number of about to engage in search and destroy celebrations. people who have expressed their sup- missions. The church bells were most Still, there are a number of veterans port, I urge my colleagues to cosponsor likely confiscated by American troops groups in Wyoming vehemently oppos- H. Res. 312. in an attempt to ensure the secrecy ing the return of the bells, claiming f and heighten the efficiency of these that by doing so a sacred memorial A FURTHER TRIBUTE TO THE missions. would be desecrated and dismantled. HONORABLE RONALD V. DELLUMS Three of these bells are known to b 1615 exist. The survivors of the Ninth Infan- The SPEAKER pro tempore (Mr. GIB- try ‘‘C’’ Company took possession of I beg to differ. Although Filipinos BONS). Under a previous order of the one bell, which is now in a traveling and the majority of the people with House, the gentleman from Maine (Mr. collection maintained by the Ninth In- whom I have come into contact feel ALLEN) is recognized for 5 minutes. fantry in Korea. The Eleventh Infantry that both of the bells should be re- Mr. ALLEN. Mr. Speaker, this is the also took two bells and a 15th-century turned, a proposed compromise offered last day for one of our most distin- guished Members, RONALD DELLUMS, English cannon with them to the U.S. by the Philippine Government calls for who has represented Oakland, Califor- when the unit was assigned to what the United States and the Republic of nia, for almost 27 years. Yesterday or was then Fort D.A. Russell in Chey- the Philippines to share the bells. The the day before there have been some enne, Wyoming. bells will be recast and duplicates In 1949, Fort Russell was converted to made. The United States and the Phil- tributes to RON DELLUMS. There were so many Members who wanted to step the present Air Force base which house ippines will each keep one original and up and speak their piece that some of the Bells of Balangiga after having one duplicate, and the Philippines Gov- us simply ran out of time. I did not been left there by the Eleventh Infan- ernment has even offered to absorb all want to end today, have Mr. DELLUMS try. There was a time when the officers of the costs involved. H. Res. 312 would retire or for myself for me to go home at F.E. Warren wanted to get rid of the facilitate this proposal. without saying a few words on his be- bells. These brass relics have no rel- I assure everyone that this com- promise would not in any way dese- half. evance for F.E. Warren Air Force Base, I am a freshman on the Committee which is a missile base. Few people crate or dismantle the memorial at Trophy Park. What we presently have on National Security on which he has seemed to know or care about these been the former chairman and now the bells. That is until the government of at F.E. Warren is a century-old re- minder of death, suffering and treach- ranking member for the Democratic the Philippines asked for their return. Party. In the course of my experience The President of the Philippines, the ery, brought about by vicious guerrilla warfare in a highly misunderstood con- with RON DELLUMS on the Committee current President, Fidel Ramos, first on National Security, I have been became interested in the bells as a flict. By having the bells and dupli- cates both in the Philippines and in struck by several things. He is a rank- West Point cadet in the 1950s as he at- ing member who has been always care- tended the U.S. Military Academy. Wyoming, this solitary memorial will be converted into fitting monuments ful to make sure that he takes part of In the late 1980s, as defense minister, his time and allocates it to newer located on both sides of the world, Fidel Ramos sought the help of his U.S. Members. He has forgone questioning dedicated to the peace, friendship and counterpart, former Wyoming U.S. witnesses on his own to make sure that cooperation that have since existed be- Congressman Dick Cheney, who was new Members have a chance to ask tween the American and the Filipino then the Secretary of Defense. questions themselves. Throughout his people. For the 50th anniversary of Phil- management of that committee, The memory of those who perished, ippine’s independence from the United throughout his management of the mi- both Americans and Filipinos, will States in 1996, the matter was brought nority, he has been very careful to then be associated with a compromise to President Clinton’s attention. How- show respect for others because he of peace and friendship, cemented 100 ever, these efforts, along with those of cares for others. many others, including mine, have fall- years after they volunteered to travel Today when he spoke here in the well en on deaf ears. It seems that a vast halfway around the world to seek and of the House for the last time, he majority of the people involved have secure this same peace and friendship talked about learning the lessons of pa- made a decision that, instead of being from the people of Asia and the Far tience and the lessons of humility dur- on the right side of this issue, they East. We have the world to gain and ing his 27 years here in the House. He would certainly rather be on the safe nothing but silly pride to lose. treated us all consistently with re- side. My grandfather, from whom I got my spect, and those who heard his remarks It is true that there has been some name, although I am a native of Guam, today will understand how much he vocal opposition against the return of James Holland Underwood, was a ma- values this House and how much he the bells. However, this opposition may rine who served during the Spanish- values its traditions. not fully understand the events of the American War prior to being mustered I will also cherish some of my private past. out on Guam. His brother and my conversations with RON DELLUMS. Dur- Although the insurrection cost the namesake, Robert Oscar Underwood, ing one of those conversations, we lives of American soldiers, let us not was also a veteran of that war. He talked about something that Martin forget that the U.S. sent troops to the served in the Philippines during the Luther King, Jr. once said. Reverend Philippines in 1898 in order to subdue a time of the Philippine insurrection. I King once said, the most radical action country that wanted to be independent. am sure that these men would under- that anyone can take is to assert the Let us also not forget that, later on, stand and support the concept of hav- full measure of his citizenship, to as- these very same people and their de- ing national symbols such as the Bells sert the full measure of his citizenship. scendants suffered, fought, and died of Balangiga unite us and not divide us, When I go back to Maine and I talk to fighting with our troops for a common those of us who care about independ- people in Maine and I want to encour- cause in the battlefields of Bataan, ence and democracy and freedom for age them to participate in civil soci- Corregidor, Korea and Vietnam, mak- peoples around the world. Had they ety, when I want to encourage them to ing the Philippines the only Asian been alive today, I am sure that they do everything that they can to partici- country that has stood with the United would applaud my efforts because they pate in this political process, I use that States in every conflict in this cen- will surely realize that the Bells of quotation, and I cannot think of any- tury. Balangiga would always mean more to one who better exemplifies the full par- For almost 100 years, the Philippines the Filipinos than they could ever ticipation of his citizenship than RON has been our closest friend and ally, mean to us. DELLUMS. and in the name of friendship and co- Sharing the Bells of Balangiga with As a freshman Member when I go operation it would only be fitting and the Filipinos is the honorable thing to back to Maine, I am often asked what February 5, 1998 CONGRESSIONAL RECORD — HOUSE H377 I think of other people in this Cham- ilization forward. Today, the NEH re- duction is grown in North Carolina of ber, how I regard other Members of mains vitally important to promoting flue-cured. In fact, my constituency, Congress, how they stack up. And sev- our Nation’s culture. Not only does its the First Congressional District, pro- eral times in the last few months peo- work continue to add immeasurably to duces more flue-cured tobacco than ple have said to me, is there anyone in our civic life, it strengthens the demo- any other in the Nation. These eastern Congress that you regard as truly cratic spirit so essential to our country North Carolina farmers produced over great? My answer has always been the and our world on the eve of a new cen- 225 million pounds in 1995. same: RON DELLUMS. RON DELLUMS is a tury. These North Carolina farmers, our truly great man. This Chamber will WILLIAM J. CLINTON. tobacco farmers, want the same things miss him. THE WHITE HOUSE, February 5, 1998. as other Americans, a good quality of f f life overall for them and their families, for their children to have a good edu- REPORT OF COMMODITY CREDIT AGREEMENT BETWEEN GOVERN- cation, for them to have sufficient re- CORPORATION FOR FISCAL YEAR MENTS OF UNITED STATES AND sources with which to provide their 1995—MESSAGE FROM THE PRESI- REPUBLIC OF POLAND CONCERN- families with food, shelter and other DENT OF THE UNITED STATES ING FISHERIES—MESSAGE FROM amenities of life, savings for their re- The SPEAKER pro tempore laid be- THE PRESIDENT OF THE UNITED tirement, a secure environment in fore the House the following message STATES (H. DOC. NO. 105–211) which to live and work, and most im- from the President of the United The SPEAKER pro tempore laid be- portantly, hope for the future. States; which was read and, together fore the House the following message These farmers, our tobacco farmers, with the accompanying papers, without from the President of the United care about their children as well as objection, referred to the Committee States; which was read and, together other children in their community, in- stilling in them the values of honesty on Agriculture: with the accompanying papers, without and hard work. Many of them are third objection, referred to the Committee To the Congress of the United States: and fourth generation tobacco farmers, on Resources and ordered to be printed: As required by the provisions of sec- even though some of them must seek tion 13, Public Law 806, 80th Congress To the Congress of the United States: additional employment off the farms as (15 U.S.C. 714k), I transmit herewith In accordance with the Magnuson- teachers, business persons, factory the report of the Commodity Credit Stevens Fishery Conservation and workers and other occupations. Many Corporation for fiscal year 1995. Management Act (16 U.S.C. 1801 et seq.), of them serve as leaders in their com- WILLIAM J. CLINTON. I transmit herewith an Agreement be- munities, in their schools, in their THE WHITE HOUSE, February 5, 1998. tween the Government of the United churches, in their synagogues and in f States of America and the Government other local and civic organizations. of the Republic of Poland extending the Like other American farmers, like ANNUAL REPORT OF NATIONAL Agreement of August 1, 1985, Concern- those in many of your home States, ENDOWMENT FOR THE HUMAN- ing Fisheries Off the Coasts of the these North Carolinians prepared their ITIES—MESSAGE FROM THE United States, with annexes and agreed land, tilled it carefully, planted their PRESIDENT OF THE UNITED minutes, as amended and extended (the crops, tended their fields, harvested STATES 1985 Agreement). The Agreement, their yields and marketed their prod- The SPEAKER pro tempore laid be- which was effected by an exchange of uct, much like any other commodity fore the House the following message notes at Warsaw on February 5 and Au- such as corn and wheat. These farmers from the President of the United gust 25, 1997, extends the 1985 Agree- are often small family farms. The aver- States; which was read and, together ment to December 31, 1999. age size in North Carolina is 172 acres, with the accompanying papers, without In light of the importance of our fish- as compared to 491 acres nationally. objection, referred to the Committee eries relationship with the Republic of Tobacco is one of the main reasons on Education and the Workforce: Poland, I urge that the Congress give that small farmers are able to stay in business because no other crop yields To the Congress of the United States: favorable consideration to this Agree- ment at an early date. as much income per acre. Most of these I am pleased to present to you the farmers are unable to find an alternate 1996 annual report of the National En- WILLIAM J. CLINTON. crop that provides a comparable in- dowment for the Humanities (NEH), THE WHITE HOUSE, February 5, 1998. come. It would take almost 8 times as the Federal agency charged with fos- f much cotton, 15 times as much acreage tering scholarship and enriching the PROPOSED TOBACCO SETTLEMENT of corn, 20 times more acreage of soy- ideas and wisdom born of the human- beans and 30 times more acreage of ities. The agency supports an impres- The SPEAKER pro tempore. Under a wheat to equal the income of a single sive range of projects encompassing the previous order of the House, the gentle- acre of tobacco. Farmers would have to worlds of history, literature, philoso- woman from North Carolina (Mrs. acquire the land, secure the needed phy, and culture. Through these CLAYTON) is recognized for 5 minutes. equipment, purchase the required seed, projects, Americans of all walks of life Mrs. CLAYTON. Mr. Speaker, let me fertilizer and pesticides and hire the are able to explore and share in the state at the outset that I do not smoke, labor, undue and perhaps impossible fi- uniqueness of our Nation’s democratic nor do I encourage others to smoke. nancial burdens of acquiring extra experience. Children should not smoke, nor should loans and debt, all too often not avail- The activities of the NEH touch tens they be enticed to smoke. I applaud the able to those socially disadvantaged of millions of our citizens—from the President Clinton’s efforts to curb and farmers or to minority farmers. youngest students to the most veteran ultimately reduce the incidence of The total income impact for North professors, to men and women who sim- youth smoking in the United States in Carolina was more than $7.7 billion last ply strive for a greater appreciation of the near future. year, income that came from a com- our Nation’s past, present, and future. Tobacco, the mere word, engenders bination of the production, the manu- The NEH has supported projects as di- many strong feelings and opinions in facture and the marketing. North Caro- verse as the widely viewed documen- most Americans and especially in those lina entrepreneurs and employees, all tary, The West, and research as special- of us who serve in Congress. With re- of those benefit from those resources. ized as that conducted on the Lakota gard to the pending tobacco settle- The money earned by farmers and Tribe. Small historical societies have ment, no matter how you feel about to- those employed in tobacco-related received support, as have some of the bacco, one must view it for what it is, business flow into their communities, Nation’s largest cultural institutions. a legal commodity grown by many spreading those profits around. It has Throughout our history, the human- American farmers. been estimated that the agriculture ities have provided Americans with the North Carolina grows quite a lot of dollar turns over about 10 times, so 7.7 knowledge, insights, and perspectives tobacco, both burley and flue-cured. billion multiplied means there is a pos- needed to move ourselves and our civ- Over 65 percent of the total U.S. pro- sibility of $77 billion available to rural H378 CONGRESSIONAL RECORD — HOUSE February 5, 1998 communities providing many neces- House, and so I wanted to take a few He was also a humanitarian advo- sities and public purposes. Much of moments tonight to talk a little bit cate, the former chairman of two im- that goes to supply the value of the about Bob Dornan. portant House subcommittees, the Na- taxes that support schools and hos- The hour is late, and many of my col- tional Security Subcommittee on Mili- pitals. So all of these programs are leagues are on their way back home to tary Personnel and Intelligence Sub- interrelated in terms of a quality of their districts, and I will be going back committee on Technical and Tactical life that is possible in eastern North tomorrow, but I thought it appropriate Intelligence. He gathered and learned Carolina. to come to the House floor and speak information for his responsibilities The present tobacco program oper- about this great individual, this good firsthand by traveling around this ates on a no net cost to the Federal friend, and what I think is an Amer- globe and visiting areas of engagement Government and, through the deficit ican eagle, one of a kind. like Central America and Somalia. reduction marketing assessment, actu- I think many of my colleagues know He was loadmaster on twelve human- ally contributes an average of $30 mil- his personal history. He volunteered itarian missions to Africa. Now, a lot lion a year to the U.S. Treasury. The for pilot training at age 19. Was still in of us might go on these trips to Eng- continued existence of the program is college and he served as a fighter pilot land, we might go to France, or we vital to the continued ability of to- in the Air Force from 1952 to 1958. He might go to China and stay at the best bacco farmers to survive in this mod- served in the Air Force Reserves from hotels, but not Bob Dornan. When he ern world of agriculture. 1962 to 1975 and served in the Air Na- went on a trip, he was involved at a I believe as Congress contemplates tional Guard from 1958 to 1961. So he is grass roots level and as a loadmaster, the broad policy implications of the a true patriot, a person that believes not on one, not on five, not on eight, proposed tobacco settlement, there are serving our country is important, and but on twelve humanitarian missions several things we should consider. he is proud of his record and he makes to Africa. First, quota equity must be protected no bones about the fact that he has He visited a refugee camp in Hon- because land value reflects that cost. great regard and respect for the mili- duras as a longtime member of the Two, farm income stability must be tary and he thinks Americans should Human Rights Caucus consistently. preserved in order to protect against serve their country. These were part of his activities. He market volatility caused by the settle- He worked as a civilian combat pho- opposed excessive cutbacks in defense ment. Three, global export market ex- tographer. Five of his eight trips to spending, especially in California in his cess must be preserved. Four, economic wartime Vietnam were served in this Congressional District. He added an assistance for impacted communities capacity. One of the things about this amendment to the 1994 crime bill that must be provided along with assistance individual I like the most is he is will- imposed the death penalty for espio- for those farmers. All of these must be ing to speak his mind forthrightly. nage that leads to the death of U.S. considered if indeed we are going to Many of us saw that great movie agents. have a fair and equitable. Jerry McGuire, in which Jerry The reason I talk about this is be- Finally, fifth, we cannot ignore the McGuire is represented as a sports cause I have been on a trip with Bob value it would have of removing these agent for Rod Tidwell in the movie, Dornan, when we went for the 50th an- resources from the classroom for young who was a football star. And Jerry niversary of D-Day. This was an ex- children. Therefore, we must find funds McGuire writes this book which gets traordinary time. It was bipartisan. We to speak to the needs of our youth de- him fired, which essentially says I am had 18 Senators and 25 Members of Con- velopment. I ask that any discussion going to tell the truth about what peo- gress. The delegation was led by Sonny on a proposed settlement as we are ple really believe and not what they Montgomery. And what was so extraor- having will continue to include the say. And this, of course, caused quite a dinary about this trip was to see some consideration of all these factors. And stir in his sports agency and he was of these old veterans come back and to please understand, as we pursue this fired. But he went on to represent with see the emotion and feeling in the peo- worthy policy, we must also find the great compassion Rod Tidwell, and ple of France; how glad they were to implication it would mean for thou- eventually he was vindicated in the see Americans return 50 years later, sands of tobacco farmers living in my movie when Rod Tidwell received an and to have the whole sense of this district. $11.3 million contract when most peo- great movement in history because of ple thought that this professional foot- f D-Day and other successes against the ball player would not succeed. But Nazi government. b 1630 Jerry McGuire had the faith and cour- Most of us went through the standard age and, sometimes lack of confidence, procedure for the 50th anniversary and TRIBUTE TO ROBERT DORNAN but in the end persevered because he went and attended most of the func- The SPEAKER pro tempore (Mr. GIB- was willing to put his heart and mind tions, and we would come back at 11 BONS). Under the Speaker’s announced in the same place; that his spirit and o’clock at night and be very tired. One policy of January 7, 1997, the gen- what he believed in his heart was what night when we came back, Bob Dornan tleman from Florida (Mr. STEARNS) is came out when he spoke: sincerity and wanted to go out again, and so the recognized for 30 minutes. honesty. Army was kind enough to provide him Mr. STEARNS. Mr. Speaker, it is an Bob Dornan is such a man, and he is a driver and a jeep and he went out be- honor and a pleasure to come on the to be commended for being willing to cause he wanted to go to some of the House floor tonight to speak of my say some things that people will not graves. He wanted to walk and see good friend Bob Dornan, who has been say at times. He represented leadership some of those young soldiers that died. in the press recently dealing with the on the House floor that many of us He wanted to see their grave sites. decision by Congress to allow the elec- commend him for. One of the areas in And he did not get back until about tion to go forward in the Dornan- which he was particularly articulate 5 or 6 o’clock the next morning. When Sanchez race. and also a strong advocate was the pro- we all assembled on the bus the next My purpose tonight in coming for- life position. He was the original spon- morning, Bob Dornan came on time ward is while Mr. Dornan has been in sor of the Right to Life Act, which and talked about the terrific experi- the press recently and there has been would effectively declare abortion un- ence he had, highly emotionalized ex- some controversy about this particular constitutional. He led the fight to end perience that went to the core of the election, I sort of share his views, and Federal funding for fetal tissue re- reason we were there, to show respect I believe in many ways that he should search at military hospitals and gov- and honor for these men who gave their still be here in Congress. My feeling is ernment organizations. He was one of life for their country and for this mo- that eagles do not flock together, we the strongest pro-life advocates in Con- mentous occasion that turned the en- have to find them one at a time. And gress. He made no bones about that, tire history of the Western Civiliza- Bob Dornan is really one of those out- and many of us, like myself, agree with tion. standing Americans that should still be him and look to him for leadership in He has always been a supporter of here. He represented the best of this that area. higher military pay and benefits, and February 5, 1998 CONGRESSIONAL RECORD — HOUSE H379 endorsed the investigation of the POW- those pieces of equipment, who was ragua, Congressman Jack Buechner MIAs not accounted for in Vietnam. He able to give us little insights into was getting arrested in Nicaragua by initiated the POW-MIA bracelet. Re- whether or not these were really good the Sandinistas. I remember, from member, all the bracelets all of us buys. what I heard, Bob Dornan went up and started wearing? Bob Dornan is the one Mr. STEARNS. If the gentleman will said, listen, if you arrest this Member that initiated this bracelet, worn by yield for a second, I wanted to read of Congress, you have to arrest me, many veterans. He led the charge to some of the aircraft he has piloted. A too. oppose the normalization of relations lot of us go out on these field trips and b 1645 with Vietnam until full account of the we look at these aircraft, but Bob Dor- And that is how he was. POW-MIAs were provided, and he nan is a little different than most of I remember there was a fight one helped design a program to help to seek us. He has actually piloted some of time, a little match-up between two of these. Of course, he piloted, as the gen- military personnel become teachers. our Members one time, just off the I mean I have more here that I want tleman mentioned, the B–1 bomber, House floor. Both of them were about to go on, and we are going to do a spe- plus the SR–71 Blackbird, the B–52, the twice as big as Bob. But it was Bob who cial order later on for Bob Dornan, but U–2, the FB–111, the F–15, F–16, the F– got in between and broke them up. Of I was just compelled to come to the 18, the AV–8 Harrier, A–10, F–111F, the course, the press hated that role for floor and I am joined here with another F–5 Tiger and 17 other high perform- Bob Dornan because he was a peace- distinguished Member of Congress from ance fighters. maker. He was not B–2 Bob; he was a California, who is also compelled out of I mean this is a Congressman that peacemaker. sheer friendship, out of sheer respect, got involved. He was not a back-bench- But when you flew into a foreign out of sheer love for our colleague, Bob er. He was not somebody that stood by country and you flew into a place Dornan. The gentleman from San and said let us talk about the appro- where a military conflict was taking Diego (Mr. DUNCAN HUNTER) perhaps priations for some of these aircraft. I place, Bob Dornan had a memory, an knows Bob Dornan better than anyone want to find out if they operate. I want analytic capability with respect to else on the House floor, so I will yield to see how well they operate, and I facts that nobody on this floor has had part of my time to the gentleman. want to talk to the pilots and the peo- before or since. He can give you popu- Mr. HUNTER. Mr. Speaker, I thank ple that operate, the repairmen, the en- lation, he can give you all the various the gentleman for yielding, and Bob listed people, noncommissioned offi- armed services that that country pos- Dornan is a guy who deserves more cers. It is just an extraordinary thing sessed, all the weaponry they pos- than 15 or 20 minutes of discussion. He to realize that this Member of Congress sessed. And, similarly, he could totally is a guy who deserves days of discus- went out and did those things. analyze the adversary of that particu- sion, because he brought to this House And I yield again to the gentleman. lar country so he could give you, basi- of Representatives unique qualities Mr. HUNTER. And I say to my friend, cally, the match-up on both sides. that we had not seen before he got here he cared not only about what kind of What a great asset for this House. and we are not going to see again for equipment our military people used, Mr. STEARNS. Further reclaiming years. but he also really cared about those my time, let me take back my time I am a Member of the Committee on people. and return to my colleague. National Security, and I have to tell When we lost the Rangers in Somalia The gentleman went right into one of my colleagues a story about myself and a couple of years ago, there was one the things that I wanted to mention, Bob Dornan. When I came here as a member of the Committee on National which was his favorite line of scripture. freshman and I was competing with a Security who went out and got into an Because he believes this is what our lot of other people to get on the Com- aircraft and flew about 20 hours to get military and police officers today do mittee on Armed Services, we had one over to Somalia and looked at all the for us on a daily basis and embodies seat we thought was from California, facts, all the things that had happened, the ideal of patriotism that he believes from a senior Member retiring. Every- got debriefed on that tragedy, and then is so very important. This line of scrip- body who wanted that seat, including flew all the way back here and con- ture sort of ties into what my col- Bob, got up to make their presentation tacted every single member of the fam- league mentioned when he tried to sep- and tell why they should get that very ilies of those Rangers who had been arate the Members of Congress when coveted committee seat. killed in Somalia. That was Bob Dor- they got into a little scuffle here. The When Bob got up, he started to talk nan. line is, ‘‘Greater love than this no man in his own favor. And then he stopped And I felt so proud when I heard that has than he lay down his life for his and he said, you know, actually, we Bob had done that, because that re- friends.’’ have this young guy down from San flected so well on us as a Committee on When I think about Bob Dornan’s Diego who was in the military, who National Security, the old Committee willingness to sacrifice—and, as my loves the military and loves national on Armed Services, because it is filled colleagues know, his full name is Rob- security issues, and I think we should with people who really care about peo- ert Kenneth Patrick Dornan. Almost, give this thing to DUNCAN HUNTER. And ple in uniform and Bob had kept that when I saw the movie Brave Heart, I he did that when I was a freshman. I tradition and kept that legacy going could not help but think of Bob Dornan had never seen such an act of generos- on. because of his spiritedness and his mis- ity, such an act of goodness coming So while the rest of us were going on sion and willingness to go to any from a senior member, and I have never trips to our district and trips overseas lengths to help his fellow man, not just seen it since. and were doing the work that we do on the basis of humanitarian purposes And that was Bob Dornan, a guy who here when we are in a break and have but on honor and duty and country. had just an absolutely great heart. But a chance to spend time with our fami- Mr. HUNTER. If the gentleman beyond that, and the gentleman from lies and maybe go out and catch up would yield further, that reminds me Florida (Mr. STEARNS) knows this well, with a little relaxation time, Bob Dor- there was in the last year or so a lot of Bob Dornan probably had the best nan was flying in an aircraft for 20 talk about ethnic conflict and who Bob background in terms of all the military hours straight so that he could get over Dornan likes and who he does not like. aircraft and all the military equipment to Somalia and let those people know I was just reminded when I was in that we look at and analyze in the that wear our uniform and let their Salvador with him, that little country, Committee on National Security be- families know that we cared about we were in Salvador during the time cause he flew everything from the B–2 them. when Jose Napoleon Duarte, that great bomber to the newest Navy trainer. When we stand here, we can think of leader, democratic leader, in Salvador Bob Dornan was in the cockpit. And all these great Bob Dornan stories. I was trying to move that country from when we had authorization bills com- remember one of the great stories of its past of military dictatorships to de- ing up, deciding how we would spend the Contra wars, when Ronald Reagan mocracy. What a great scene that was, billions of dollars, it was Bob Dornan brought freedom to Guatemala, and the one when they finally had the elec- who had the hands-on experience with Honduras, and Salvador, and Nica- tion. H380 CONGRESSIONAL RECORD — HOUSE February 5, 1998 There was a lot of activity on the Mr. STEARNS. My colleague is cor- achievements are just a sample of what part of the communist guerillas, who rect there. I would like to reclaim my he has done just for the people in his were supplied by the then Soviet time for a moment here to also make district. Union, and they were trying to disrupt the emphasis that Bob Dornan, while Mr. HUNTER. If the gentleman will the election. A lady stood in line, and he had a national agenda and was con- further yield, and among those people she had blood dripping from her arm. cerned about the military personnel were some of the people who were the She had a bullet wound in the arm; and and had a humanitarian agenda, he was most defenseless and the most without somebody said, ‘‘Do you want to go to also a very wonderful, strong advocate representation; and those, of course, the infirmary?’’ She said, ‘‘No, I never for his congressional district. This is are unborn children. Today, when we had a chance to vote and I am going to an individual that worked hard in his have the awareness, this growing vote.’’ I am reminded of that. district, was available, was willing to awareness, by America that this late- I am reminded of Jose Duarte, one of listen to anybody at any time. term abortion, or partial-birth abor- Bob Dornan’s real heroes. Bob had a I just want to talk a little bit about tion, where a baby is actually partially number of us over to Jose’s house, the what he has done in his congressional born and then killed by the abortion- leader of El Salvador, at a time when district. Because the people might ist, that is waking America up to the he was starting to make that democ- know Bob Dornan because of the brace- horrors of abortion. racy work and he had all these great let. They might know about him be- Bob Dornan was the advocate for a hopes for the people of El Salvador. If cause of his oratorical skills, about his lot of little human beings who could my colleagues could have seen and all advocacies for pro-life. They might not vote, could not campaign for him, the Americans could have seen and the talk about his traveling the country did not have PAC money. But they Hispanic-Americans could have seen speaking against drugs and violent were important for him because he had Bob Dornan sitting there with that crime and child pornography and some a big heart and because of his religion. great leader, Jose Duarte, and encour- of the social issues. He was willing to You know, we used to have a lot of aging him to continue his fight for de- take a stand. fun with Bob. I mean, Bob was a guy mocracy and telling him how much he He has won the endorsement and re- who was an Irishman with a great admired him and everyone who loved spect from law enforcement agencies sense of humor and a great sense of freedom in that small country that was and organizations around the country, fun, and he was great to be with. But I will tell you, when he was a beset by so many troubles, I mean, but also, in his congressional district, first sponsor of the right to life, the your hearts would have gone out to the Santa Ana Police Officers Associa- fundamental right to life bill that was tion, Latino Peace Officers Associa- Bob Dornan. introduced here in the House of Rep- Of course, his other idol, his other tion, the National Association of Po- resentatives, when you had a right to hero, was Cardinal Obando y Bravo, lice Organizations, Crime Victims life issue on the House floor, Bob Dor- that brave Catholic leader in Nica- United. nan was by far the most professional, ragua who dared to stand up to the But here is just some of the sampling most serious legislator I have ever communist Sandinistas. He was always of the things that he has done for the seen. 46th District, his congressional dis- being oppressed by that group, but he He, together with the great HENRY trict. He obtained more than $1 million hung in there, and Bob Dornan loved HYDE and CHRIS SMITH from New Jer- him for that. for the Santa Ana Fiesta Marketplace, sey and a lot of the rest of us who are Bob Dornan loved our freedom, and which is very important because it re- kind of spear carriers in the battle, he that is one reason he went to Vietnam built the downtown Santa Ana neigh- led that battle. He did such a great job, eight times. He went there as a combat borhood. He obtained Federal funding because when Bob spoke from the photographer on five different occa- to assist in cleaning up neighborhoods heart, everybody heard him loud and sions. Nobody else has done that. in Buena Vista from a slum drug and clear. My colleague mentioned that Brace- prostitute area into a clean, drug-free Mr. STEARNS. Well, I think that is let, that POW bracelet that so many environment for our kids. This meant what happens, is that Bob Dornan had people wore. What a great idea that he went down into the district, as- this ability to project issues. Where a was. Think of all the hope that that sessed the situation, and worked hard lot of us cannot create the aura and gave people over the years and comfort to get the Federal funding. the rhetoric necessary to bring this that it gave them. It gave them a feel- Of course, my colleagues know we into the people’s mind, he could do ing, whenever they saw another person were in the minority at that point. We this. wearing the bracelet, they knew that were not in the majority. So to have a A lot of people would say that, if Bob this American was in solidarity with Member of Congress to get this Federal Dornan gets ahold of an issue, he does them, that they appreciated their peo- funding back into the district in which not let it go. He sort of root hog or die, ple that had been left, the POWs and he was in the minority party is impor- sort of the cry that the people had MIAs. tant to realize. when they went West from the East in I know that bureaucracy came to the He assisted in obtaining police hiring their covered wagons. They were going conclusion when the Clinton adminis- grants to place new police officers in to make it one way or the other. That tration felt like it had to recognize Garden Grove and Santa Ana. He facili- is the kind of determination that he communist Vietnam and they felt like tated in the construction of a four-acre had when he had an issue. they had to do that and so they pushed police and fire training center in Santa He was a very substantive Member of aside the 800-and-some odd sightings of Ana. He worked to ensure that the De- Congress. He had issues. He had things POWs that had been reported by boat partment of Defense cleans toxic waste he believed in. You know, I say to my people and other folks that had fled from El Toro Marine Corps Air Station, colleague from San Diego, there is no that country. But Bob Dornan, even included a provision in the Illegal Im- use being here. There is no use getting when that became an uncomfortable migration Reform Bill to empower the elected every year if you do not stand position for a person in Washington, cities in the 46th district to apply for for something. If you come here to go D.C., a Washington that wanted to Federal reimbursement for costs asso- along and get along, it makes no point. move over, on to other issues and move ciated with incarcerating criminal You are on the board of the directors on to the issues of big business doing aliens. of this most wonderful, most powerful business in communist Vietnam, Bob He helped obtain almost $1 million in country in the world economically and Dornan held tough. Federal funds for Rancho San Diego militarily. You should not come to this We can lose a lot of things in this life College, and he sponsored a breast district and hide. You should come to and in this political life, but he never health awareness fair in his district. this district and point the way, be a lost his loyalty to an issue or his loy- So, I mean, the list goes on and on of beacon of light, be a light that other alty to his friends. That loyalty was the achievements in his district on a people can see and project what your something that every Member of Con- local level for the people he rep- ideas should be for all of America. gress who walks onto the House floor resented. So even though we know Bob So I think Mr. Dornan did that in an should take a lesson from. for some of his national agenda, these unbelievable fashion. In a very truthful February 5, 1998 CONGRESSIONAL RECORD — HOUSE H381 way, he said, I am going to be a credi- discriminated on the basis of race, them on this bobsled run, I mean, this ble congressman. I am going to state creed color, or national origin. So he thing is like the Olympics. I would not my mind. Only if 435 members would was out there participating, and you get on this run, but Bob Dornan puts actively get engaged like Bob Dornan can see his picture in some of these all these fearless grandkids together, can we actually come up with a solu- photographs from the civil rights bundles them all down around him, and tion which is right. Then the people movement, in which there is Bob Dor- goes whipping down this bobsled run at can say, is that a proper way? Is that nan, out there participating. Because about 100 miles per hour. Bob Dornan is truth or not? Bob Dornan made those a this is part of his personality. He want- one of the great grandfathers in Amer- strong advocate of ideas. ed to get involved, he knew it was the ican history. Mr. HUNTER. While he represented right thing to do. He also lets them pelt him with his people and his constituency, he He traveled to Mississippi to assist in water balloons, and he showed an ex- never let his principals be pushed aside efforts to register black voters, despite traordinary amount of restraint when by a poll. death threats from the KKK. all of these grandkids started giving We have the media always telling us Mr. HUNTER. Let’s hold up on that him the water balloon barrage. polls are a bad thing in this country, one. Some Members of the media have Here is a great guy, great family and you should not always stick your accused Bob of believing in ethnic dif- man, great American. We are going to finger up in the wind to see which way ferences and in oppressing ethnic see a lot more of him. it is blowing before you make a deci- groups who want to register and vote. Mr. STEARNS. You point out his sion as to what your principals are. So here is a guy who went to Mis- family tradition. As I recollect now, I Bob Dornan never made a major deci- sissippi when it was not very popular think he was been married about 43 sion based on which way the wind was to go to Mississippi, to help the black years to one lovely woman—— blowing. He had the principals, had community to register and vote, and Mr. HUNTER. Sally. that compass right inside him. who also marched with Martin Luther Mr. STEARNS. Sally. His family life Incidentally, one thing we have not King, being accused of not believing in exemplifies his whole life, in the sense mentioned is that he was the Chairman the community of America. Bob Dor- that he is a strong family man for fam- of the Personnel Subcommittee on the nan believed in the community of ily, God, and all the decency that ex- Committee on National Security. He America probably more than anybody ists today in our culture. was the guy, when he was a chairman else who has ever walked out on this So we will take another time to talk of that subcommittee, who authored House floor. about our great friend and great pa- the pay raise for every single man and Mr. STEARNS. That is why earlier I triot, Bob Dornan, but on this evening, woman who wears a uniform and who mentioned that he is a true humani- we have let our sentiments to our col- put in literally dozens and dozens of in- tarian. He makes a statement in his leagues be known. centives to be in the military, incen- life and in his past activities that ‘‘I Mr. HUNTER. God bless Bob Dornan tives to stay, that helped retention, believe freedom that works; I believe and all those little Dornans. and all kinds of things that were good all men and women should have the op- Mr. STEARNS. God bless Bob Dor- for quality of life for our military fam- portunity to enjoy success,’’ and he nan. ilies. Military families never had a bet- was just a patriot. He was an individ- f ter friend in the House of Representa- ual that was an active proactive indi- vidual, with a high level of energy and tives than Bob Dornan. LEAVE OF ABSENCE Mr. STEARNS. Do you remember an enormous intelligence. when you were in leadership and you So I think tonight, that is why you By unanimous consent, leave of ab- assigned me as chairman of a personnel and I felt it so important to come down sence was granted to: task force and, at that time, we were here, because we were just moved, Mr. KLINK (at the request of Mr. GEP- discussing lifting the ban on gays in based on what we had seen in the news- HARDT) for today, on account of illness. the United States military and the new papers today, we thought, by golly, we f policy and we had several hearings? have got to come down here and talk about, as you pointed out, his partici- Bob Dornan was active in that. SPECIAL ORDERS GRANTED Perhaps a lot of Members did not pation in this historic march on Wash- necessarily agree with Bob Dornan. ington with Dr. Martin Luther King. By unanimous consent, permission to But Bob Dornan had a strong principle Mr. HUNTER. I think if Bob was address the House, following the legis- in which he stated his position; but, at here, he would say to us, ‘‘You ain’t lative program and any special orders the same time, he was willing to listen seen nothing yet,’’ because Bob Dornan heretofore entered, was granted to: to other people on this very controver- still possesses all those great talents The following Members (at the re- sial issue. and that great heart for America. He quest of Mr. DOGGETT) to revise and ex- I remember having our hearings, of has a lot of wonderful kids and tend their remarks and include extra- which you were helping us to bring in grandkids, and I am privileged to know neous material: witnesses. He would attend those hear- some of them and have spent a lot of Ms. SANCHEZ, for 5 minutes, today. ings, and he would ask the most con- great time with them. Robin and Ms. MILLENDER-MCDONALD, for 5 min- cise and cogent questions. He helped to Kathy, and Mark and Bobby, Jr., and utes, today. form our policy in the Republican Terry; and the grandkids, Ricky and Mr. ALLEN, for 5 minutes, today. Party dealing with this whole policy. Para, and Kevin and Collin, and Anna The following Members (at the re- Today, in this important area of, you and Haley, and, incidentally, that quest of Mr. WOLF) to revise and extend know, lifting the ban on gays in the Haley is named after I think Uncle their remarks and include extraneous military, he stood in the gap. I com- Jack Haley, who was the Tin Man in material: mend him for that. the Wizard of Oz. That is where Bob got Mrs. LINDA SMITH of Washington, for Something else we should remember some of the show business blood in his 5 minutes, today. is that he participated in Dr. Martin veins. Erin, Robbie, Liam, Molly and Mr. FOLEY, for 5 minutes today and Luther King’s historic march on Wash- Morgan. February 11. ington. Incidentally, Bobby Dornan, Jr., is a The following Member (at her own re- great buddy of mine, lives out in Vir- quest) to revise and extend her re- b 1700 ginia. We were out working on a log marks and include extraneous mate- A lot of Members of Congress cabin together, and he had this little rial: watched it on TV. A lot of Members of tiny baby in his arms, and I said, ‘‘Who Mrs. LOWEY, for 5 minutes today. Congress said, well, that is just an is this?’’ And he said, ‘‘This is little The following Member (at her own re- issue I am not involved in. Molly Dornan.’’ quest) to revise and extend her re- But Bob Dornan believes in the I tell you, if you have ever seen Bob marks and include extraneous mate- rights of individuals. He does not be- Dornan with little Molly and the all rial: lieve that any man or woman should be the rest of them, and you have seen Mrs. CLAYTON, for 5 minutes today. H382 CONGRESSIONAL RECORD — HOUSE February 5, 1998 EXTENSION OF REMARKS S. 1575. An act to rename the Washington Enclosure. National Airport located in the District of OFFICE OF COMPLIANCE By unanimous consent, permission to Columbia and Virginia as the ‘‘Ronald revise and extend remarks was granted The Congressional Accountability Act of Reagan Washington National Airport’’. 1995: Amendments to Procedural Rules. to: f The following Members (at the re- SUPPLEMENTARY NOTICE OF PROPOSED RULEMAKING quest of Mr. DOGGETT) and to include ADJOURNMENT Summary: On October 1, 1997, the Executive extraneous matter: Mr. STEARNS. Mr. Speaker, I move Director of the Office of Compliance (‘‘Of- Mr. VISCLOSKY. that the House do now adjourn. fice’’) published a Notice of Proposed Rule- Mr. DELLUMS. The motion was agreed to. making (‘‘NPRM’’) to amend the Procedural Mr. HASTINGS. The SPEAKER pro tempore (Mr. GIB- Rules of the Office of Compliance to cover Mr. POSHARD. the General Accounting Office (‘‘GAO’’) and BONS). Pursuant to the provisions of the Library of Congress (‘‘Library’’) and Ms. ROYBAL-ALLARD. House Concurrent Resolution 201, 105th Mr. DAVIS of Illinois. their employees. 143 Cong. Rec. S10291 (daily Congress, the House stands adjourned ed. Oct. 1, 1997). The Congressional Account- Mr. ANDREWS. until 3 p.m. on Wednesday, February ability Act of 1995 (‘‘CAA’’) applies rights Mr. DAVIS of Florida. 11, 1998. and protections of eleven labor, employment, Mr. DIXON. Thereupon (at 5 o’clock and 5 min- and public access laws to the Legislative The following Members (at the re- utes p.m.), pursuant to House Concur- Branch. Sections 204–206 and 215 of the CAA, quest of Mr. WOLF) and to include ex- which apply rights and protections of the rent Resolution 201, the House ad- traneous matter: Employee Polygraph Protection Act of 1988 journed until Wednesday, February 11, Mr. DIAZ-BALART. (‘‘EPPA’’), the Worker Adjustment and Re- 1998, at 3 p.m. training Notification Act (‘‘WARN Act’’), the Mr. RADANOVICH. f Uniformed Services Employment and Reem- Mr. MCINTOSH. ployment Act of 1994 (‘‘USERRA’’), and the Mr. ARCHER. OATH OF OFFICE—MEMBERS, Occupational Safety and Health Act of 1970 Mr. BURTON of Indiana. RESIDENT COMMISSIONER, AND (‘‘OSHAct’’), became effective with respect Mr. SALMON. DELEGATES to GAO and the Library on December 30, The following Members (at the re- 1997. The NPRM proposed to extend the Pro- quest of Mrs. CLAYTON) and to include The oath of office required by the cedural Rules to cover GAO and the Library extraneous matter: sixth article of the Constitution of the and their employees for purposes of: (1) pro- Mr. COBLE, in two instances. United States, and as provided by sec- ceedings relating to these sections 204–206 and 215, (2) proceedings relating to section Mr. FORBES. tion 2 of the act of May 13, 1884 (23 207 of the CAA, which prohibits intimidation Mr. KIND. State.22), to be administered to Mem- ber, Resident Commissioner, and Dele- and reprisal for the exercise of rights under Mr. ANDREWS. the CAA, and (3) regulating ex parte commu- Mr. HINCHEY. gates of the House of Representatives, nications. Mr. ROMERO-BARCELO. the text of which is carried in 5 U.S.C. In the only comments received in response Mr. MCKEON. 3331: to the NPRM, the Library questioned wheth- Mr. BURTON of Indiana. ‘‘I, AB, do solemnly swear (or af- er the CAA authorizes employees of the Li- Mr. DIXON. firm) that I will support and defend brary to initiate proceedings under the ad- ministrative and judicial procedures of the Mr. VISCLOSKY. the Constitution of the United States against all enemies, foreign CAA alleging violations of sections 304–207 of Mr. DELLUMS. the Act. The Office is publishing this Supple- Ms. ROYBAL-ALLARD. and domestic; that I will bear true mentary Notice of Proposed Rulemaking Mr. HAMILTON. faith and allegiance to the same; (this ‘‘Notice’’) to give the regulated commu- Mr. HASTINGS of Florida. that I take this obligation freely, nity an opportunity to provide further com- Mr. POSHARD. without any mental reservation or ment on the questions raised by the Li- Mr. SALMON. purpose of evasion; and that I will brary’s submission. Mr. WELDON of Florida. well and faithfully discharge the With respect to proceedings relating to section 215 of the CAA (OSHAct) and with re- Mrs. MORELLA. duties of the office on which I am spect to ex parte communications, a separate Mr. GOODLING. about to enter. So help me God.’’ Notice of Adoption of Amendments is being Mr. CALLAHAN. has been subscribed to in person and prepared to extend the Procedural Rules to Mr. HYDE. filed in duplicate with the Clerk of the cover GAO and the Library and their em- Mr. BISHOP. House of Representatives by the follow- ployees and to respond to relevant portions Mr. BAKER. ing Members of the 105th Congress, of the Library’s comments, and will be pub- lished shortly. Mr. SOUDER. pursuant to the provisions of 2 U.S.C. Mr. LUCAS of Oklahoma. Dates: Comments are due within 30 days 25: after the date of publication of this Notice. Mr. PICKERING. Honorable GREGORY W. MEEKS, Sixth Addresses: Submit comments in writing (an Ms. JOHNSON of Texas. District of New York. original and 10 copies) to the Executive Di- Mr. PICKETT. rector, Office of Compliance, Room LA 200, f Mr. HUTCHINSON. John Adams Building, 110 Second Street, Ms. KILPATRICK. SUPPLEMENTARY NOTICE OF S.E., Washington, D.C. 20540–1999. Those Mr. WELLER. PROPOSED RULEMAKING wishing to receive notification of receipt of Mr. SOLOMON. comments are requested to include a self-ad- U.S. CONGRESS, dressed, stamped post card. Comments may Mrs. FOWLER. OFFICE OF COMPLIANCE, also be transmitted by facsimile (‘‘FAX’’) The following Members (at the re- Washington, DC, January 26, 1998. machine to (202) 426–1913. This is not a toll- quest of Mr. STEARNS) and to include The Hon. NEWT GINGRICH, free call. extraneous matter: Speaker of the House, U.S. House of Represent- Availability of comments for public review: Mr. PITTS. atives, Washington, DC. Copies of comments received by the Office Mr. PAYNE. DEAR MR. SPEAKER: Pursuant to Section will be available for public review at the Law Ms. STABENOW. 303 of the Congressional Accountability Act Library Reading Room, Room LM–201, Law Library of Congress, James Madison Memo- f of 1995, 2 U.S.C. § 1383, I am transmitting the enclosed Supplementary Notice of Proposed rial Building, Washington, DC, Monday SENATE ENROLLED BILLS SIGNED Rulemaking (requesting further comment on through Friday, between the hours of 9:30 a.m. and 4:00 p.m. The SPEAKER announced his signa- proposed amendments to procedural rules previously adopted) for publication in the For further information contact: Executive ture to enrolled bills of the Senate of Congressional Record. Director, Office of Compliance, at (202) 724– the following titles: The Congressional Accountability Act 9250 (voice), (202) 426–1912 (TTY). This Notice S. 1349. An act to authorize the Secretary specifies that the enclosed notices be pub- will also be made available in large print or of Transportation to issue a certificate of lished on the first day on which both Houses braille or on computer disk upon request to documentation with appropriate endorse- are in session following this transmittal. the Office of Compliance. ment for employment in the coastwise trade Sincerely yours, SUPPLEMENTARY INFORMATION for the vessel Prince Nova, and for other pur- RICKY SILBERMAN, The Congressional Accountability Act of poses. Executive Director. 1995 (‘‘CAA’’ or the ‘‘Act’’), Pub. L. 104–1, 2 February 5, 1998 CONGRESSIONAL RECORD — HOUSE H383

U.S.C. §§ 1301–1438, applies the rights and pro- tions 204–206 have been violated, the NPRM SUPPLEMENTAL REQUEST FOR COMMENT tections of eleven labor, employment, and proposed to extend the Procedural Rules to 1. Can GAO and Library employees use the public access laws to certain defined ‘‘cov- include GAO and the Library and their em- administrative and judicial procedures of ered employees’’ and ‘‘employing offices’’ in ployees for the purpose of resolving any alle- sections 401–408 of the CAA when a violation the Legislative Branch. The CAA expressly gation of a violation of these sections. of sections 204–206 (EPPA, WARN Act, provides that GAO and the Library and their (2) Section 207 prohibits employing offices USERRA) is alleged? employees are included within the defini- from intimidating or taking reprisal against As noted above, the NPRM was premised tions of ‘‘covered employees’’ and ‘‘employ- any covered employee for exercising rights on the view that the administrative and judi- ing offices’’ for purposes of four sections of under the CAA. On the premise that GAO cial procedures of section 401–408 cover GAO and the Library and their employees are cov- the Act: and the Library and their employees with re- ered under section 207, as well as under the (a) EPPA. Section 204, making applicable spect to proceedings where violations of sec- statutory procedures of sections 401–408 when the rights and protections of the Employee tions 204–206 are alleged. Because the proce- there is an allegation that section 207 has Polygraph Protection Act of 1988 dures in section 401–408 can only be invoked been violated, the NPRM proposed to extend (‘‘EPPA’’)—in which subsection (a) generally upon an allegation that substantive rights the Procedural Rules to include GAO and the prohibits an employing office from requiring granted in Title II have been violated, the Library and their employees for the purpose a covered employee to take a lie detector procedures arguably derive their scope from of resolving any allegation of intimidation test, regardless of whether the covered em- the substantive provision involved in a par- ployee works in that employing office; and or reprisal prohibited under section 207. (3) Section 215 specifies the procedures by ticular proceeding. Sections 204–206 expressly subsection (b) provides that the remedy for a cover GAO and the Library and their em- violation shall be such legal and equitable which the Office conducts inspections, issues citations, grants variances, and otherwise ployees, and, if the premise of the NPRM is relief as may be appropriate, including em- correct, proceedings under sections 401–408 ployment, reinstatement, promotion, and enforces section 215, and the Procedural Rules detail the procedures administered by that involve alleged violations of sections payment of lost wages and benefits. 204–206 may likewise cover those instrumen- (b) WARN Act. Section 205, making applica- the Office under that section. As these statu- talities and employees. However, the Li- ble the rights and protections of the Worker tory procedures are part of section 215, which brary’s comment challenged this premise, Adjustment and Retraining Notification Act expressly covers GAO and the Library and arguing that Congress ‘‘expressly excluded’’ (‘‘WARN Act’’)—in which subsection (a) pro- their employees, the NPRM proposed to ex- the Library and other instrumentalities hibits the closure of an employing office or a tend the Procedural Rules to cover these in- from the application of all portions of the mass layoff until 60 days after the employing strumentalities and employees for purposes CAA except the substantive provisions of office has served written notice on the cov- of proceedings under section 215. Title II. ered employees or their representatives; and (4) Section 9.04 of the Procedural Rules, Commenters are asked to provide their subsection (b) provides that the remedy for a which regulates ex parte communications, in- views as to whether the statutory procedures violation shall generally be back pay and cludes within its coverage any covered em- under sections 401–408 should be construed as benefits for up to 60 days of violation. ployee and employing office ‘‘who is or may (c) USERRA. Section 206, making applica- reasonably be expected to be involved in a covering GAO and the Library and their em- ble the rights and protections of section 2 of proceeding or rulemaking.’’ As GAO and the ployees where violations of sections 204–206 the Uniformed Services Employment and Re- Library and their employees may reasonably are alleged, and are requested to present the employment Rights Act of 1994 be expected to be involved in proceedings legal rationales that may bear on this in- (‘‘USERRA’’)—in which subsection (a) pro- and rulemakings, the NPRM proposed to ex- quiry. Commenters should address: tects covered employees who serve in the tend the Procedural Rules to cover these in- The relationship, if any, between the sub- military and other uniformed services strumentalities and employees for purposes stantive requirements and remedies granted against discrimination, denial of reemploy- of section 9.04. in part A of Title II and the procedures es- ment rights, and denial of benefits by em- As to proceedings under section 215 of the tablished in Title IV of the CAA. ploying offices; and subsection (b) provides CAA (OSHAct) and ex parte communications, The definitions and usage of the defined that the remedy for a violation shall include the Library’s comments argue that the Li- terms ‘‘covered employee’’ and ‘‘employing requiring compliance, requiring compensa- brary should not now come under the Office’s office’’ in various portions of the Act. tion for lost wages or benefits and, in case of Procedural Rules generally or under the Whether the statute can be read to provide a willful violation, an equal amount as liq- Rules relating to section 215 proceedings spe- substantive rights and remedies but not pro- uidated damages, and the use of the ‘‘full eq- cifically. After considering those arguments, cedures. uity powers’’ of ‘‘[t]he court’’ to fully vindi- the Executive Director, with the approval of The provision in section 415 of the CAA cate rights and benefits. the Board, has decided to amend the Proce- prohibiting the use of the Office’s awards- (d) OSHAct. Section 215, making applicable dural Rules to cover GAO and the Library and-settlements account for awards and set- the rights and protections of the Occupa- and their employees with respect to proceed- tlements involving GAO and the Library. tional Safety and Health Act of 1970 ings under section 215 and ex parte commu- The effect that section 225(d) of the CAA (‘‘OSHAct’’)—in which subsection (a) pro- nications, and a Notice of Adoption of should have in determining this issue. tects the safety and health of covered em- Amendments to accomplish this and to re- The canons of construction requiring that ployees from hazards in their places of em- spond to relevant portions of the Library’s statutes in derogation of sovereign immu- ployment; subsection (b) provides that the comments is being prepared and will be pub- nity must be construed strictly in favor of remedy for a violation shall be an order to lished shortly. the sovereign and that a statutory construc- correct the violation; and subsection (c) However, as to whether CAA procedures tion which raises constitutional questions specifies procedures by which the Office of cover GAO and the Library and their em- such as separation-of-powers may be adopted Compliance conducts inspections, issues and ployees for purposes of resolving disputes only if clearly required by the statutory enforces citations, and grants variances. under section 205–207, the Library’s com- text. Sections 204–206 and 215 go into effect by ments raises issues of statutory interpreta- 2. Notwithstanding whether the procedures their own terms with respect to GAO and the tion upon which the Office seeks comments. established under the CAA apply, are other Library one year after transmission to Con- The Library argues that Congress ‘‘expressly procedures, whether internal or external to gress of the study under section 230 of the excluded’’ the Library and other instrumen- GAO and the Library, available for consider- CAA. The Board of Directors of the Office talities from the application of all proce- ing alleged violations of sections 204–206 and (‘‘Board’’) transmitted its study (the ‘‘Section dural and other provisions of the CAA other for imposing the remedies available under 230 Study’’) to Congress on December 30, 1996, than the substantive provisions in Title II. those section? and sections 204–206 and 215 therefore went The Library states: ‘‘A fair reading of the In conducting the Section 230 Study, the into effect at GAO and the Library on De- CAA is that Congress intended to ensure that Board received information from GAO and cember 30, 1997. the Library’s employees were covered by the the Library and their employees indicating The NPRM proposed to extend the Proce- substantive protections of the law, but that that a variety of internal and external dural Rules of the Office, which govern the no procedural regulations should affect the venues are available for consideration of em- consideration and resolution of alleged viola- Library’s employees until the Office of Com- ployee allegations of violations of workplace tions of the CAA, to cover GAO and the Li- pliance completed its study [under section rights and protections. Commenters are in- brary and their employees in four respects: 230], made it legislative recommendations, vited to provide their views on the extent to (1) Sections 401–408 of the CAA establish and Congress acted on those recommenda- which procedures other than those estab- administrative and judicial procedures for tions.’’ (The Office of Compliance has made lished by the CAA are available to GAO and considering alleged violations of part A of the Library’s entire submission available for the Library and their employees where a vio- Title II of the CAA, which includes sections public review in the Law Library Reading lation of sections 204–206 is alleged and the 204–206, and the Procedural Rules detail the Room of the Law Library of Congress, at the monetary and equitable remedies specified in procedures administered by the Office under address and times stated at the beginning of those sections are sought. Furthermore, in- sections 401–406. On the premise that GAO this Notice.) The Office hereby invites the sofar as existing procedures may not com- and the Library and their employees are cov- views of the entire regulated community on prehensively cover any dispute or provide ered by the statutory procedures of sections the issues raised by the Library, including any remedy afforded under the CAA, do GAO, 401–408 when there is an allegation that sec- the following specific questions: the Library, and other employing offices H384 CONGRESSIONAL RECORD — HOUSE February 5, 1998 have the authority to craft new procedures will accept requests for counseling under copy of D.C. Act 12–229, ‘‘Closing of a Public and, through such procedures, to grant what- section 402, requests for mediation under sec- Alley in Square 5157, S.O. 95–107, Act of 1997’’ ever monetary and non-monetary remedies tion 403, and complaints under section 405 received January 29, 1998, pursuant to D.C. the CAA provides? filed by GAO or Library employees and/or al- Code section 1—233(c)(1); to the Committee In responding to this inquiry, commenters leging violations by GAO or the Library on Government Reform and Oversight. are also asked to consider the implications where violations of sections 204–207 of the 7015. A letter from the Chairman, Council of several provisions in the CAA. Do the fol- CAA are alleged. Any objections to jurisdic- of the District of Columbia, transmitting a lowing provisions limit the availability to tion may be made to the hearing officer or copy of D.C. Act 12–230, ‘‘Taxicab Commis- GAO and the Library and their employees of the Board under sections 405–406 or to the sion Hearing Examiner Amendment Act of the administrative, judicial, and negotiated court during proceedings under sections 407– 1997’’ received January 29, 1998, pursuant to procedures that might otherwise be available 408. The Office will counsel any employees D.C. Code section 1—233(c)(1); to the Commit- to them where violations of sections 204–206 who initiate such proceedings that a ques- tee on Government Reform and Oversight. are alleged and remedies granted under those tion has been raised as to the Office’s juris- 7016. A letter from the Chairman, Council sections are sought. diction and that the employees may wish to of the District of Columbia, transmitting a Section 225(d) and (e) and 401 contain pro- preserve their rights under any other avail- copy of D.C. Act 12–231, ‘‘Fleet Traffic Adju- visions specifying, in general terms, what able procedural avenues. dication Amendment Act of 1997’’ received procedures must be used to consider a CAA Signed at Washington, D.C., on this 26th January 29, 1998, pursuant to D.C. Code sec- violation and to seek a CAA remedy. day of January, 1998. tion 1—233(c)(1); to the Committee on Gov- Section 409 and 410 allow judicial review of RICKY SILBERMAN, ernment Reform and Oversight. CAA regulations and of CAA compliance Executive Director, 7017. A letter from the Chairman, Council only pursuant to the procedures of section Office of Compliance. of the District of Columbia, transmitting a 407, which provides for judicial review of f copy of D.C. Act 12–232, ‘‘Closing of a Public Board decisions, and section 408, which pro- Alley in Square 5405, S.O. 96–135, Act of 1997’’ vides a private right of action. EXECUTIVE COMMUNICATIONS, received January 29, 1998, pursuant to D.C. Commenters are also requested to be clear ETC. Code section 1—233(c)(1); to the Committee as to whether procedures available outside of on Government Reform and Oversight. the CAA cover claims by applicants for em- Under clause 2 of rule XXIV, execu- 7018. A letter from the Chairman, Council ployment, former employees, and temporary tive communications were taken from of the District of Columbia, transmitting a and intermittent employees, and whether the Speaker’s table and referred as fol- copy of D.C. Act 12–233, ‘‘Criminal Code these procedures cover allegations by GAO lows: Technical Amendments Act of 1997’’ received January 29, 1998, pursuant to D.C. Code sec- or Library employees that their rights 7006. A letter from the Secretary of De- tion 1—233(c)(1); to the Committee on Gov- granted under the CAA were violated by fense, transmitting the Department’s Annual ernment Reform and Oversight. other employing offices and allegations by Report to the President and the Congress 7019. A letter from the Chairman, Council employees of other employing offices that 1998, pursuant to 10 U.S.C. 113; to the Com- of the District of Columbia, transmitting a their CAA rights were violated by GAO or mittee on National Security. copy of D.C. Act 12–234, ‘‘Establishment of the Library. 7007. A communication from the President Council Contract Review Criteria Temporary 3. Does section 207 of the CAA cover GAO of the United States, transmitting a copy of Amendment Act of 1997’’ received January and the Library and their employees with re- Presidential Determination No. 98–7: Emi- 29, 1998, pursuant to D.C. Code section 1— spect to sections 204–206 and 215? If not, do gration Policies of Albania, Kazakhstan, 233(c)(1); to the Committee on Government other laws, regulations, and procedures cov- Kyrgyzstan, Tajikistan, Turkmenistan, and Reform and Oversight. ering GAO and the Library and their employ- Uzbekistan, pursuant to 19 U.S.C. 2432(a) and ees afford similar protection against intimi- 7020. A letter from the Chairman, Council 2439(a); (H. Doc. No. 105—209); to the Commit- of the District of Columbia, transmitting a dation and reprisal for exercising CAA tee on International Relations and ordered rights? copy of D.C. Act 12–235, ‘‘Tax Revision Com- to be printed. mission Establishment Temporary Amend- The RPRM proposed to amend the Proce- 7008. A communication from the President dural Rules to cover GAO and the Library ment Act of 1997’’ received January 29, 1998, of the United States, transmitting a report pursuant to D.C. Code section 1—233(c)(1); to and their employees with respect to ‘‘any al- on the status of efforts to obtain Iraq’s com- legation of intimidation or reprisal prohib- the Committee on Government Reform and pliance with the resolutions adopted by the Oversight. ited under section 207 of the Act.’’ While the U.N. Security Council, pursuant to Public Library did not object to this proposal, sec- 7021. A letter from the Chairman, Council Law 102—1, section 3 (105 Stat. 4); (H. Doc. of the District of Columbia, transmitting a tion 207 does not expressly cover GAO and No. 105—212); to the Committee on Inter- the Library and their employees. Comment copy of D.C. Act 12–236, ‘‘Reorganization national Relations and ordered to be printed. Plan No. 5 for the Department of Human is therefore invited on whether the prohibi- 7009. A letter from the Assistant Secretary tion against intimidation and reprisal estab- Services and Department of Corrections for Legislative Affairs, Department of State, Temporary Act of 1997’’ received January 29, lished by section 207 should be construed as transmitting a Department’s report entitled covering GAO and the Library and their em- 1998, pursuant to D.C. Code section 1— ‘‘Country Reports on Human Rights Prac- 233(c)(1); to the Committee on Government ployees. tices for 1997,’’ pursuant to 22 U.S.C. 2151n(d); If section 207 is construed not to apply, Reform and Oversight. to the Committee on International Rela- would other laws and regulations covering 7022. A letter from the Chairman, Council tions. GAO and the Library and their employees af- of the District of Columbia, transmitting a 7010. A communication from the President ford protection against intimidation and re- copy of D.C. Act 12–246, ‘‘Technical Amend- of the United States, transmitting the Presi- prisal for exercising rights under the CAA ments Act of 1997’’ received January 29, 1998, dent’s report entitled ‘‘Destruction of Equip- Would these laws and regulations afford the pursuant to D.C. Code section 1—233(c)(1); to ment East of the Urals’’; to the Committee same substantive rights and remedies as sec- the Committee on Government Reform and on International Relations. tion 207? What procedures would be available Oversight. 7011. A letter from the Chairman, Council to consider violations and to impose such 7023. A letter from the Chairman, Council of the District of Columbia, transmitting a remedies? Commenters are requested to be of the District of Columbia, transmitting a copy of D.C. Act 12–226, ‘‘James M. McGee, clear as to whether such laws, regulations, copy of D.C. Act 12–249, ‘‘Chief Procurement Jr., Street, S.E. Designation Act of 1997’’ re- and procedures outside of the CAA cover ap- Officer Qualification Amendment Act of ceived January 29, 1998, pursuant to D.C. plicants for employment, former employees, 1997’’ received January 29, 1998, pursuant to Code section 1—233(c)(1); to the Committee and temporary and intermittent employees, D.C. Code section 1—233(c)(1); to the Commit- on Government Reform and Oversight. and whether these laws, regulations, and tee on Government Reform and Oversight. 7012. A letter from the Chairman, Council procedures cover allegations that GAO or the 7024. A letter from the Interim District of of the District of Columbia, transmitting a Library intimidated or took reprisal against Columbia Auditor, District of Columbia, copy of D.C. Act 12–227, ‘‘Ronald H. Brown employees of other employing offices and al- transmitting a copy of a report entitled ‘‘Re- Building Designation Act of 1997’’ received legations that other employing offices in- view of the Department of Employment January 29, 1998, pursuant to D.C. Code sec- timidated or took reprisal against GAO or Services’ Surplus Tax Surcharge Funds.,’’ tion 1—233(c)(1); to the Committee on Gov- Library employees for exercising rights pursuant to D.C. Code section 47—117(d); to ernment Reform and Oversight. granted under the CAA. the Committee on Government Reform and 7013. A letter from the Chairman, Council Oversight. * * * * * of the District of Columbia, transmitting a 7025. A letter from the Chairman, Board of No decision will be made as to whether the copy of D.C. Act 12–228, ‘‘Brian T. A. Gibson Governors, Federal Reserve System, trans- Procedural Rules will be amended to cover Memorial Building Designation Act of 1997’’ mitting a report of activities under the Free- GAO and the Library and their employees for received January 29, 1998, pursuant to D.C. dom of Information Act for 1997, pursuant to purposes of alleged violations of sections 204– Code section 1—233(c)(1); to the Committee 5 U.S.C. 552; to the Committee on Govern- 207 until after the comments requested in on Government Reform and Oversight. ment Reform and Oversight. this Notice have been received and consid- 7014. A letter from the Chairman, Council 7026. A letter from the Acting Director, Of- ered. During this interim period, the Office of the District of Columbia, transmitting a fice of Personnel Management, transmitting February 5, 1998 CONGRESSIONAL RECORD — HOUSE H385 a draft of proposed legislation entitled the to issuers of federally-registered securities; bacco industry settlement shall be used for ‘‘Federal Employees Health Benefits Chil- to the Committee on Commerce. part A of Medicare; to the Committee on dren’s Equity Act of 1997’’; to the Committee By Mr. BURTON of Indiana (for him- Ways and Means. on Government Reform and Oversight. self, Mr. ARCHER, Mr. THOMAS, Mr. By Mr. RANGEL: 7027. A letter from the Secretary of En- MICA, Mr. SALMON, Mr. SESSIONS, Mr. H.R. 3173. A bill to lift the trade embargo ergy, transmitting the FY 1997 annual report GILMAN, Mr. COOKSEY, Mr. on Cuba, and for other purposes; to the Com- under the Federal Managers’ Financial In- CUNNINGHAM, Mr. ENSIGN, Mr. NOR- mittee on International Relations, and in ad- tegrity Act (FMFIA) of 1982, pursuant to 31 WOOD, Mr. CANNON, Mr. HASTERT, dition to the Committees on Ways and U.S.C. 3512(c)(3); to the Committee on Gov- Mrs. KELLY, Mr. COX of California, Means, Commerce, and Government Reform ernment Reform and Oversight. Mr. STUMP, Mr. PAUL, Mr. and Oversight, for a period to be subse- 7028. A letter from the Chairman, Securi- BALLENGER, Mr. INGLIS of South quently determined by the Speaker, in each ties and Exchange Commission, transmitting Carolina, Mr. WALSH, Mr. PAPPAS, case for consideration of such provisions as a report of activities under the Freedom of Mr. DREIER, Mr. CHRISTENSEN, Mr. fall within the jurisdiction of the committee Information Act for 1997, pursuant to 5 GANSKE, Mr. KNOLLENBERG, Mr. concerned. U.S.C. 552; to the Committee on Government FOLEY, Mr. MCCRERY, Mr. CRANE, Mr. By Mr. WHITE (for himself, Mr. Reform and Oversight. BRADY, Mr. SAM JOHNSON, Mr. HASTINGS of Washington, Mr. FRANKS 7029. A letter from the the Administrative ENGLISH of Pennsylvania, Mr. CAMP, of New Jersey, Mrs. MALONEY of New Assistant, the Disabled American Veterans, Ms. GRANGER, Mr. MILLER of Florida, York, and Mr. NETHERCUTT): transmitting the report of the proceedings of Mr. DELAY, Mr. HILLEARY, Mr. TAL- H.R. 3174. A bill to amend the Federal Elec- the organization’s 76th National Convention, ENT, Mr. PETRI, Mr. COOK, Mr. HOUGH- tion Campaign Act of 1971 to require elec- including their annual audit report of re- TON, Mr. MCINTOSH, Mr. BOEHNER, tronic preservation and filing of reports filed ceipts and expenditures as of December 31, Mrs. MYRICK, Mr. ARMEY, Mr. HOEK- with the Federal Election Commission by 1996, pursuant to 36 U.S.C. 90i and 44 U.S.C. STRA, Mr. SPENCE, Mr. HAYWORTH, certain persons, to require such reports to be 1332; (H. Doc. No. 105—208); to the Committee Mr. BARTON of Texas, Mr. PETERSON made available through the Internet, and for on Veterans’ Affairs and ordered to be print- of Minnesota, Mr. BOB SCHAFFER, Mr. other purposes; to the Committee on House ed. LINDER, Mr. METCALF, Mr. SOUDER, Oversight. 7030. A communication from the President Mr. NUSSLE, Mr. SHADEGG, Mr. By Mr. GILMAN (for himself and Mr. of the United States, transmitting an up- WELDON of Florida, Mr. KLUG, Mr. GINGRICH): dated report concerning the emigration laws ROHRABACHER, and Mr. DICKEY): H. Con. Res. 209. Concurrent resolution re- and policies of Albania, pursuant to 19 U.S.C. H.R. 3166. A bill to amend title 5, United membering the life of George Washington 2432(b); (H. Doc. No. 105—210); to the Commit- States Code, to permit the use of medical and his contributions to the Nation; to the tee on Ways and Means and ordered to be savings accounts under the health benefits Committee on Government Reform and printed. program for Federal employees, and for Oversight. other purposes; to the Committee on Govern- 7031. A letter from the Chairman, Inter- By Mr. SHAYS (for himself, Mrs. JOHN- ment Reform and Oversight, and in addition national Trade Commission, transmitting a SON of Connecticut, Mr. GREENWOOD, to the Committee on Ways and Means, for a draft of proposed legislation to provide au- Mr. LIPINSKI, Mrs. KENNELLY of Con- period to be subsequently determined by the thorization of appropriations for the United necticut, Mr. REGULA, Mr. LAFALCE, Speaker, in each case for consideration of States International Trade Commission for Mr. FARR of California, Mr. FROST, such provisions as fall within the jurisdic- fiscal year 2000; to the Committee on Ways and Mr. GOODE): tion of the committee concerned. and Means. H. Con. Res. 210. Concurrent resolution ex- By Mr. ACKERMAN (for himself, Mr. 7032. A letter from the Executive Director, pressing the sense of Congress with respect KING of New York, Mr. LAZIO of New Office of Compliance, transmitting supple- to promoting coverage of individuals under York, Mr. FORBES, and Mrs. MCCAR- mentary notice of proposed rulemaking for long-term care insurance; to the Committee THY of New York): publication in the Congressional RECORD, H.R. 3167. A bill to designate the United on Commerce, and in addition to the Com- pursuant to Public Law 104—1, section 303(b) States Post Office located at 297 Larkfield mittees on Ways and Means, and Education (109 Stat. 28); jointly to the Committees on Road in East Northport, New York, as the and the Workforce, for a period to be subse- House Oversight and Education and the ‘‘Jerome Anthony Ambro, Jr. Post Office quently determined by the Speaker, in each Workforce. Building‘‘; to the Committee on Government case for consideration of such provisions as f Reform and Oversight. fall within the jurisdiction of the committee By Mr. HUTCHINSON (for himself, Mr. concerned. REPORTS OF COMMITTEES ON CANADY of Florida, Mr. CONYERS, Mr. By Mr. FAZIO of California: PUBLIC BILLS AND RESOLUTIONS HASTINGS of Florida, Mrs. MYRICK, H. Res. 351. A resolution designating mi- Mr. BLUNT, Ms. LOFGREN, Mr. OBER- nority membership on certain standing com- Under clause 2 of rule XIII, reports of mittees of the House; considered and agreed committees were delivered to the Clerk STAR, Mr. ALLEN, Mr. KLECZKA, Mr. FILNER, Mr. DEFAZIO, Mr. FROST, Mr. to. for printing and reference to the proper MARTINEZ, Ms. FURSE, Mr. BARRETT By Mr. KINGSTON (for himself, Ms. calendar, as follows: of Wisconsin, Mr. WEXLER, and Mr. BROWN of Florida, Mr. CALLAHAN, Mr. DREIER: Committee on Rules. House SHADEGG): Mrs. FOWLER, Mr. TRAFICANT, Mr. Resolution 352. Resolution providing for con- H.R. 3168. A bill to clarify that bail bond WAMP, Mr. BARRETT of Nebraska, sideration of motions to suspend the rules sureties and bounty hunters are subject to Mrs. MALONEY of New York, and Mr. (Rept. 105–415). Referred to the House Cal- both civil and criminal liability for viola- DEAL of Georgia): endar. tions of Federal rights under existing Fed- H. Res. 353. A resolution expressing the f eral civil rights law, and for other purposes; sense of the House of Representatives con- to the Committee on the Judiciary. cerning human rights and due process in Ec- PUBLIC BILLS AND RESOLUTIONS By Mr. KENNEDY of Rhode Island: uador; to the Committee on International H.R. 3169. A bill to amend the Occupational Relations. Under clause 5 of Rule X and clause 4 Safety and Health Act of 1970 to include f of Rule XXII, public bills and resolu- State and local law enforcement agencies tions were introduced and severally re- under the protection of such Act; to the ADDITIONAL SPONSORS ferred, as follows: Committee on Education and the Workforce. By Mrs. KENNELLY of Connecticut: Under clause 4 of rule XXII, sponsors By Mr. COBLE: H.R. 3170. A bill to amend the Internal Rev- H.R. 3163. A bill to amend the Trademark were added to public bills and resolu- enue Code of 1986 to prevent the conversion tions as follows: Act of 1946 to provide protection for trade of ordinary income or short-term capital dress, and for other purposes; to the Commit- gain into income eligible for the long-term H.R. 135: Mr. BURTON of Indiana. tee on the Judiciary. capital gain rates, and for other purposes; to H.R. 347: Mr. SHADEGG. By Mr. SAXTON (for himself and Mr. the Committee on Ways and Means. H.R. 453: Mr. VENTO, Mrs. ROUKEMA, Mr. YOUNG of Alaska): By Mr. KLUG (for himself, Mr. OXLEY, DEFAZIO, Ms. RIVERS, Mr. FOLEY, and Mr. H.R. 3164. A bill to describe the hydro- Mr. HALL of Texas, Mr. STEARNS, and WEXLER. graphic services functions of the Adminis- Mr. PAXON): H.R. 586: Mr. COYNE. trator of the National Oceanic and Atmos- H.R. 3171. A bill to require the Federal H.R. 612: Mr. JEFFERSON, Mr. MCINTOSH, pheric Administration, and for other pur- Communications Commission to eliminate Mr. POSHARD, Mr. SESSIONS, Mr. BARRETT of poses; to the Committee on Resources. from its regulations the restrictions on the Wisconsin, Mr. BROWN of Ohio, Mr. PETERSON By Mr. BAKER: cross-ownership of broadcasting stations and of Minnesota, Mr. HASTINGS of Florida, Mr. H.R. 3165. A bill to amend the Securities newspapers; to the Committee on Commerce. WISE, Mr. BAESLER, Mr. PASCRELL, Mr. Exchange Act of 1934 to provide an oppor- By Mr. PETERSON of Pennsylvania: NETHERCUTT, Mr. KING of New York, Mr. tunity for judicial review concerning the H.R. 3172. A bill to provide that funds re- MOLLOHAN, Mr. HEFLEY, and Mr. COOK. adoption of accounting principles applicable ceived by the Federal Government from a to- H.R. 634: Mr. BONILLA. H386 CONGRESSIONAL RECORD — HOUSE February 5, 1998

H.R. 859: Mr. BALLENGER, Mr. STUMP, Mr. H.R. 2537: Mr. DEFAZIO and Mr. GALLEGLY. H.R. 2983: Mr. EVANS, Mr. MEEHAN, Mr. TURNER, and Mr. JONES. H.R. 2556: Mr. METCALF. MCGOVERN, and Ms. WOOLSEY. H.R. 979: Mr. HEFNER, Mrs. TAUSCHER, Mr. H.R. 2560: Mr. BROWN of Ohio, Mr. MENEN- H.R. 3001: Mr. ENGLISH of Pennsylvania, METCALF, and Mr. HINOJOSA. DEZ, Mr. HOYER, Mr. MCDERMOTT, Mr. ED- Mr. FILNER, and Ms. FURSE. H.R. 1104: Mr. FRANK of Massachusetts and WARDS, Mr. SISISKY, and Mr. ROTHMAN. H.R. 3033: Mr. FROST, Mr. MENENDEZ, Mr. Mr. SHERMAN. H.R. 2604: Mr. PORTER, Mr. BARRETT of Ne- CLAY, Mr. JEFFERSON, Mr. THOMPSON, Mr. H.R. 1111: Ms. KAPTUR, Mr. SANDLIN, Mr. braska, Mr. CANADY of Florida, and Mr. TAL- STOKES, Ms. CARSON, Mr. RUSH, Mr. PRICE of North Carolina, and Mr. MOLLOHAN. ENT. CUMMINGS, and Mr. NEAL of Massachusetts. H.R. 1114: Mr. CASTLE and Mr. COMBEST. H.R. 2701: Mr. MANTON, Mrs. MALONEY of H.R. 3086: Mr. KENNEDY of Massachusetts H.R. 1126: Mrs. LOWEY and Mr. GORDON. New York, Mr. SCHUMER, Ms. STABENOW, Mr. and Mr. RAHALL. H.R. 1215: Mr. GILMAN. MCNULTY, Mr. FRANK of Massachusetts, Ms. H.R. 3101: Mr. FROST and Mr. ENGLISH of H.R. 1231: Mr. ADAM SMITH of Washington. VELAZQUEZ, Mr. NADLER, Mr. HINCHEY, Mrs. Pennsylvania. H.R. 1302: Mr. KENNEDY of Rhode Island. LOWEY, Mr. WALSH, Mr. SERRANO, Mr. ACKER- H.R. 3102: Mr. MATSUI, Mr. FRANK of Massa- H.R. 1362: Mr. BASS. MAN, Mr. PETERSON of Minnesota, Mrs. chusetts, Mr. ENGLISH of Pennsylvania, Mr. H.R. 1595: Mr. BALLENGER. MCCARTHY of New York, Mr. TOWNS, Mr. DELAHUNT, Mr. KLUG, Mr. FOLEY, Mr. FROST, H.R. 1689: Mr. TURNER, Mr. WEYGAND, Mr. KING of New York, and Mr. MOLLOHAN. and Mr. PAUL. LOBIONDO, and Mr. HOSTETTLER. H.R. 2713: Mr. FILNER and Mr. MCDERMOTT. H.R. 3110: Mrs. MYRICK and Mr. ENGLISH of H.R. 1763: Mr. SHAYS. H.R. 2714: Mr. BILBRAY. Pennsylvania. H.R. 1814: Mr. FOLEY. H.R. 2757: Mr. POSHARD. H.R. 3120: Mr. KOLBE, Mr. RADANOVICH, Mr. H.R. 1951: Mr. JACKSON, Mr. OBERSTAR, Ms. H.R. 2760: Mr. HANSEN. COOK, Mr. CRAPO, Mr. DOOLITTLE, Mr. DELAURO, Mr. POSHARD, and Mr. H.R. 2775: Mr. FATTAH, Mr. GOODLING, Mr. FALEOMAVAEGA, Mr. MCKEON, and Mr. PACK- BLAGOJEVICH. COYNE, Mr. KANJORSKI, and Mr. MCHALE. ARD. H.R. 2023: Mr. KENNEDY of Rhode Island. H.R. 2817: Mr. ENGLISH of Pennsylvania and H.R. 3126: Mr. BORSKI. H.R. 2053: Mr. FATTAH. Mr. BLUNT. H.R. 3133: Mr. METCALF. H.R. 2145: Mr. FARR of California, Mr. H.R. 2855: Mr. DEFAZIO and Mr. BORSKI. H. Con. Res. 106: Mr. WEXLER. MCHUGH, Mr. THORNBERRY, and Mr. WATKINS. H.R. 2868: Mr. DEFAZIO. H. Con. Res. 202: Mr. CHRISTENSEN, Mr. H.R. 2154: Mr. CLYBURN, Mr. FROST, Ms. H.R. 2870: Mr. DOOLEY of California. SESSIONS, Mr. INGLIS of South Carolina, Mr. SLAUGHTER, Mr. FATTAH, Mrs. THURMAN, and H.R. 2874: Mr. ENGLISH of Pennsylvania. DICKEY, Mr. KING of New York, Mr. Mr. GEJDENSON. H.R. 2884: Mr. PETRI and Mr. GOODLATTE. BALLENGER, Mr. BARRETT of Nebraska, Mr. H.R. 2191: Mr. PETERSON of Minnesota. H.R. 2908: Mr. WALSH, Mr. ENGEL, Mr. BACHUS, Mr. WATTS of Oklahoma, Mr. H.R. 2202: Mrs. MYRICK and Mr. ENGEL. GALLEGLY, Mr. LUCAS of Oklahoma, Mr. PE- HOSTETTLER, Ms. PRYCE of Ohio, Mr. BUYER, H.R. 2228: Mrs. MALONEY of New York. TERSON of Minnesota, Mr. MCHUGH, Mr. and Mr. CANNON. H.R. 2250: Mrs. MYRICK and Mr. CALVERT. ORTIZ, and Mr. HILL. H. Res. 267: Mr. SANDERS, Mr. PETRI, Mr. H.R. 2363: Mr. HASTINGS of Washington. H.R. 2912: Ms. JACKSON-LEE, Ms. STABENOW, MCINTOSH, and Mr. FAWELL. H.R. 2365: Mr. HINCHEY. and Mr. LUCAS of Oklahoma. H.R. 2374: Mr. DELLUMS. H.R. 2914: Mr. SKELTON. f H.R. 2497: Mr. SKEEN, Mr. HILLEARY, Mr. H.R. 2923: Mr. FROST, Mr. MOLLOHAN, and PORTMAN, Mr. HORN, Mr. FOSSELLA, Mr. Mr. CUNNINGHAM. DELETIONS OF SPONSORS FROM WHITFIELD, Mr. PEASE, Mr. LEWIS of Califor- H.R. 2936: Mr. ADERHOLT. PUBLIC BILLS AND RESOLUTIONS nia, Mr. LATHAM, Mr. SMITH of Oregon, Mr. H.R. 2939: Mr. NETHERCUTT, Mr. OXLEY, Mr. Under clause 4 of rule XXII, sponsors PICKERING, Mr. BAKER, Mr. MCKEON, Mr. HILLEARY, Mr. MILLER of Florida, Mr. COBLE, HUNTER. Mr. GOODLATTE, Mr. FOLEY, and Mr. CAL- were deleted from public bills and reso- H.R. 2499: Mr. HOEKSTRA, Mr. BROWN of VERT. lutions as follows: California, Mr. WATTS of Oklahoma, Mr. H.R. 2973: Mr. NORWOOD, Mr. LEWIS of Geor- H.R. 2021: Mr. LIPINSKI. JACKSON, and Mr. GUTIERREZ. gia, and Mr. SESSIONS. H. Con. Res. 182: Mr. DAVIS of Virginia. E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 105 CONGRESS, SECOND SESSION

Vol. 144 WASHINGTON, THURSDAY, FEBRUARY 5, 1998 No. 7 Senate The Senate met at 10:30 a.m., and was GORTON of Washington State, is recog- Mr. GORTON. Mr. President, I now called to order by the President pro nized. ask unanimous consent that I may be tempore (Mr. THURMOND). f allowed to proceed for 15 minutes in morning business and that, if the Sen- SCHEDULE PRAYER ator from Nevada, Mr. REID, is on the The Chaplain, Dr. Lloyd John Mr. GORTON. Mr. President, on be- floor when I complete my remarks, he Ogilvie, offered the following prayer: half of the majority leader, I announce be recognized. Dear God, our Father, we thank You that this morning the Senate will be in The PRESIDING OFFICER. Without for the blessings You release when a period for the transaction of morning objection, it is so ordered. Your people pray. The President and business until 11 a.m. At 11 a.m. the majority leader hopes that the Senate Vice President and their families, the f Justices of the Supreme Court, the will be able to begin consideration of S. Members of the House of Representa- 1601, the cloning bill. We hope that the MICROSOFT tives and the men and women of this Senate will be able to make good Senate, along with those of us privi- progress on this legislation throughout Mr. GORTON. Mr. President, while leged to work with them, are recipients today’s session of the Senate. the Senate is conducting its morning of the impact of the prayers of inter- As a reminder to all Members, the business, a conference is being held in cession prayed by millions of Ameri- Senate will not be in session on Friday. Georgetown by the Progress & Free- cans around the clock. Help us to re- I thank my colleagues for their at- dom Foundation (PFF) on an issue that member that You are seeking to an- tention. has gotten a great deal of attention swer those prayers as we receive Your f over the past few weeks. From the con- wisdom and guidance. May we never MEASURE PLACED ON THE ference title—Competition, Conver- feel alone or only dependent on our CALENDAR—S. 1611 gence and the Microsoft Monopoly— own strength. Your mighty power is one might be deceived into believing Mr. GORTON. Mr. President, I under- impinging on us here as a result of peo- these are frightening times for Amer- stand there is a bill at the desk that is ple’s prayers. An unlimited supply of ican consumers. supernatural strength, wisdom and vi- due for its second reading. The PRESIDING OFFICER (Mr. Any fears about the success of Micro- sion from You is ready to be released. soft isn’t coming from those who buy But, Lord, also, remind us that our INHOFE). The clerk will read the bill for the second time. Microsoft products, but from frustrated ability to receive is dependent on our competitors. While I don’t dismiss the willingness to pray for each other here The legislative clerk read as follows: A bill (S. 1611) to amend the Public Health concerns expressed by anti-Microsoft as we work together. We recommit our- factions, their arguments certainly selves to be channels of prayer power Service Act to prohibit any attempt to clone a human being using somatic cell nuclear lack force when consumers appear to not only to our friends and those with transfer and to prohibit the use of Federal be so completely uninterested in this whom we agree, but also for those with funds for such purposes, to provide for fur- tale. whom we disagree, those we consider ther review of the ethical and scientific In fact, that’s the untold story in the our political adversaries, and espe- issues associated with the use of somatic cell cially those who test our patience, or nuclear transfer in human beings, and for drama of the past several months— those we need to forgive. So, lift our other purposes. what does the consumer think of all life together from a battle zone of com- Mr. GORTON. I object to further pro- this? How are American consumers bative words to a caring community of ceedings on this matter at this time. being impacted? These questions are leaders who pray for and communicate The PRESIDING OFFICER. Objec- appropriate when you consider that the esteem for one another. Thank You for tion having been heard, the bill will be anti-trust laws of this country came giving us unity in spirit as we deal placed on the Calendar of General Or- into being to encourage competition with diversity of ideas. Through our ders. and to protect consumers, not to settle bickering among business competitors. Lord and Saviour. Amen. f f Unfortunately, a lot of words have MORNING BUSINESS been printed and broadcast on this sub- RECOGNITION OF THE ACTING The PRESIDING OFFICER. Under ject, but we’ve hardly heard a peep MAJORITY LEADER the previous order, there will now be a from the people who matter most—the The PRESIDENT pro tempore. The period for the transaction of morning consumers. This concerns me precisely able acting majority leader, Senator business. because it appears that so many people

∑ 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 00:33 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\1998SENATE\S05FE8.REC S05FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S414 CONGRESSIONAL RECORD — SENATE February 5, 1998 participating in this dispute have al- ful competitors; they were written to entrepreneurial risk. All of the hall- ready decided who gets to wear the encourage competition, and thereby marks of a thriving, healthy industry black hat, and who the white. protect consumers. And to date, I are in place in America’s software in- At this morning’s event my colleague haven’t seen one bit of evidence to sup- dustry. from Utah, Senator HATCH, who chairs port the theory that consumers are Let’s return now to this question— the very committee that exercises ju- being hurt by Microsoft’s success, or what is the basic goal of antitrust law risdiction over the antitrust laws, the success of any other company in in America? spoke to the PFF conference about the the software industry. I believe that the basic goal of our Microsoft dispute. Normally, I don’t Second, as a former state attorney anti-trust laws is to promote competi- keep track of where my colleagues general, I support government enforce- tion, thereby insuring that consumers make speeches and what they speak ment of antitrust laws, but I cannot benefit from the widespread avail- about, but because Senator HATCH has support the DOJ’s attempts to restrict ability of goods and services at fair been quoted in the news media as tak- Microsoft’s ability to produce and mar- prices. Often competition is vigorous, ing a very hard anti-Microsoft line, I ket the full-featured products its cus- but the fact that certain companies feel compelled to share some of his tomers demand. Product design deci- perform better than others is no reason statements with my colleagues and sions should be made by software de- to doubt that consumers benefit great- rebut some of the criticism that he, velopers responding to consumer de- ly from their success. As many courts have recognized, all companies should and other Microsoft critics, have tossed mand in the marketplace, not by gov- strive to do as much business as they out in the past several weeks about one ernmental agencies. can, even if that means taking business of America’s most visible, and success- And so on behalf of the American away from rivals, because it is that ful, companies. consumer, indeed the American econ- quest that causes the creation of new On Jan. 25th, Senator HATCH spoke at omy, I’d like to review a few facts that and better products offered to con- length to the San Jose Mercury News we simply should not overlook today. sumers at attractive prices. about Microsoft and his competitors, From 1990 to 1996, the number of soft- So, why are a handful of Microsoft’s and I was surprised by the tone of his ware companies in the United States competitors so successful at scaring up remarks. The newspaper quotes Sen- grew 81 percent, from 24,000 to 44,000 government investigations, public pol- ator HATCH as saying, ‘‘if Microsoft has companies. icy debates and media scrutiny? One engaged in driving out competition, During the same period, employment might argue that all of these incredible and I think it has—most everybody in the American software industry statistics that I’ve just reviewed are who’s looked at it carefully believes it grew 70 percent, to more than 600,000 somehow skewed because Microsoft is has—and takes control of (Internet jobs today. really the only beneficiary. In other standards), they’re going to exercise a The industry generated direct wages words, all of the benefits accrue to tremendous amount of control over of more than $36 billion in 1996, and an- Microsoft. Well, that’s just wrong. Internet content and commerce.’’ Sen- other $83 billion in related sectors of Once again, the facts tell another ator HATCH goes on to say, ‘‘if they’re the economy. story: using anticompetitive practices to It generated $7.2 billion in taxes paid The top 20 companies in the industry achieve that, it’s wrong—and we have to federal and state governments, and account for only 42% of the total reve- to do something about it.’’ another $7.9 billion through the ‘‘rip- nues from packaged software sales— In light of Senator HATCH’s com- ple’’ effect. demonstrating that the software indus- ments, I am concerned about how Venture capital investment in new try is highly competitive and decen- Microsoft is treated on Capitol Hill. technology companies is at an all time tralized. Fortunately, Senator HATCH has prom- high—$2.4 billion invested last year Microsoft represents less than 4% of ised that the Judiciary Committee has alone. total worldwide software industry reve- no intention of interfering with [the Prices for personal computer hard- nues. In 1996, total software industry Microsoft litigation] and as our exam- ware and software are constantly fall- revenues were $250 billion; Microsoft’s ination goes forward, we will work in a ing. Where a single Microsoft applica- portion was less than $10 billion. How bipartisan manner to ensure that it tion such as Microsoft Word cost $399 can there be a ‘‘Microsoft Monopoly’’ if continues to be fair and balanced. (Feb. in 1990, today consumers can acquire Microsoft accounts for less than 4% of 3 letter to GORTON/MURRAY) all of Microsoft Office (which includes industry revenues? If such a monopoly I appreciate this statement, but I word processing, spreadsheet, presen- existed, shouldn’t that percentage be must admit it concerns me when he tations, scheduling and other more like 60%, 70%, 80% or higher? speaks at a conference that refers to functionality) for just $499 at retail. But what about Microsoft’s domi- Microsoft as a ‘‘monopoly.’’ If Microsoft’s competitors are right, nance in the PC software space? Well, a Having said that, I would like to how could all of that success taken few more facts: begin my comments on the Microsoft place? Wouldn’t logic tell us that if a In online services, Microsoft rep- investigation by making a couple of ‘‘Microsoft Monopoly’’ actually ex- resents only 9.8 percent of the online points: isted, prices would be higher, job services sector. America Online has 75 First, the question of whether the growth would be lower, and venture percent. Database software: Microsoft rep- company has violated antitrust laws is capital investment would be next to resents only 6 percent of the database something of an abstract question that nothing? Yet, the facts show the oppo- software sector, compared to Oracle’s has been posed, not by American con- site course. 30 percent share. sumers, but by Microsoft’s competi- Also, I think it’s important to re- E-mail software: Microsoft represents tors. I believe that to be the key of this mind ourselves that all of these accom- only 14 percent of e-mail software reve- entire discussion, and why I feel so plishments took place without govern- nues, compared to 43 percent for IBM/ strongly that Microsoft is being treat- ment regulation or interference. Lotus. ed unfairly. This isn’t an effort led by Let’s review that again: Competition Server operating systems: Microsoft those who purchase software products in the American software industry is represents only 27 percent of server . . . if it were, you can be sure that my not only healthy but vigorous. America software revenues, compared to 41 per- attitude would be much different . . . leads the world. Innovation is at an all- cent for Novell. this fight was started by those who time high. Employment is flourishing. Again, where is the monopoly? Per- must compete with Microsoft, which, Prices continue to fall for consumers centages of 9.8, 6, 14 and 27 hardly in my opinion, makes it very hard for and businesses alike. Productivity is sound like monolopies to me. those individuals and companies to skyrocketing. And barriers to entry for So we’re still left to ponder, why the make an argument that is not com- any company or individual that wants fuss over Microsoft, given all of this pletely driven by their self-interest. to compete in this industry are low. good news? This is the question so Let’s remember why we have anti- The principal assets required to cre- many in the media are striving to an- trust laws in this country—these laws ate software are human intelligence, swer. The New Republic recently at- weren’t written to preserve unsuccess- creativity and a willingness to assume tributed it to techno-angst—society’s

VerDate Mar 15 2010 00:33 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\1998SENATE\S05FE8.REC S05FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 5, 1998 CONGRESSIONAL RECORD — SENATE S415 anxiety about the Information Age and Microsoft because they are afraid that It’s important to understand these its desire to focus that angst on some- Microsoft will use its dominance in the myths. Sound public policy must be one or some company. marketplace to punish them. based in fact, not competitive rhetoric. I think a more plausible answer is a My colleague, the chairman of the These are exciting times for Amer- coordinated PR and lobbying campaign Judiciary Committee, Senator HATCH, ican consumers and for American busi- by a handful of Microsoft’s competi- has made this charge himself in inter- ness. Microsoft’s business model, which tors. Two weeks ago, the author and views with the news media. This is a is focused on rapid product develop- management guru James Moore wrote serious accusation but one that is also ment, broad distribution at low prices in The New York Times: baseless. Microsoft has gone so far as and close collaboration with hardware The courtroom drama played out in Wash- to give the Justice Department a letter and software vendors, is helping to ington in recent weeks concealed what was that it can present to anyone and ev- drive demand through the high tech- happening backstage: a small number of eryone doing business with the com- nology sector. We are seeing upgrades companies that compete with Microsoft have to telecommunications networks—tele- managed to make the Federal Government pany encouraging them to cooperate an unwitting tool of their narrow competi- with the DOJ on its investigation. phone, cable, satellite and wireless— tive objectives. Microsoft has been extremely coopera- the introduction of new types of de- These sorts of unholy alliances almost al- tive for years with the DOJ. And it vices such as hand held computers and ways lead to bad policy. If users are better would be out of character for Micro- automobile PCS—and the creation of served, if the cost of software is reduced and soft—a company that values its part- innovative new software to make these if new layers of information-industry innova- networks and devices improve the lives tion are built, a strong argument can be ners—to make this an issue with them. made that the public good is being achieved Myth #3: Microsoft’s license agree- of all consumers. without Government intervention. ments with Internet Service Providers New technologies and new ideas are The public good is being achieved unfairly force ISPs to promote only being introduced at a dizzying pace— without Government intervention. Internet Explorer, and prohibit ISPs led largely by innovative and highly This cannot be overemphasized. The from even mentioning the existence of competitive American companies. I’ve spoken today about the Amer- Progress and Freedom Foundation has Netscape Navigator. played an important role in developing Like PC manufacturers, ISPs know ican consumer and the American soft- intelligent public policy with an eye and understand their customers. They ware industry. I’d like to conclude by toward limiting the role of government provide their customers with choice— talking a little about Microsoft. You in markets. In 1995, PFF published a whether it’s Internet Explorer, Navi- can hardly talk about innovation and major study on the need to replace the gator or some other product. Microsoft competition without focusing on FCC and substantially deregulate the has no exclusive arrangements with Microsoft. It’s founder, Bill Gates, is telecommunications marketplace. ISPs. This is a non-issue. one of the true visionaries of the Infor- mation Age and his company has pro- Today, PFF is conducting a major Myth #4: Microsoft is entering into duced technology that will forever project designed to limit government proprietary agreements with Content change the way we work, play and interference in the market for digital Providers to create popular websites think. broadband networks. I applaud PFF’s that can only be viewed using I have enjoyed watching this phe- efforts on behalf of the free market in Microsoft’s browser. nomenal man and his company for those industries, and am somewhat Let me be absolutely clear. A con- mystified by the organization’s appar- many years. And over those years, I sumer can use any browser he or she have seen Microsoft remain committed ent inconsistency with regard to wants to view any material on the Microsoft and the software industry. to four very important business prin- Internet. A content provider may ciples that have guided the company Based on the organization’s past, I sim- choose to take advantage of technology ply want to encourage the Progress and since its founding: available in either Internet Explorer or 1. Microsoft builds software that im- Freedom Foundation to remain stead- Navigator to make their content even fast in its belief in the American mar- proves the quality of people’s lives. Bill more compelling. Gates’ vision of Information at Your ketplace. Content providers like Warner Broth- Now, I’d like to turn for a moment to Fingertips brings businesses closer to ers want to reach the most customers. addressing some of what I will call the their customers, voters closer to their They aren’t looking for exclusionary myths out there about Microsoft. I elected officials, doctors closer to their technology. They are looking for the think it’s important that we deal with patients and teachers closer to their best technology to serve their cus- some of the less scholarly thinking and students. tomers. Right now Warner Brothers be- ideas up front. 2. Microsoft listens closely to its cus- Myth #1: Microsoft is somehow going lieves that Microsoft has the best tech- tomers and focuses on how it can do a to control access and commerce on the nology. There are other content pro- better job. If you want to know the Internet. viders that believe Netscape has the true secret to Microsoft’s success, look I was amused to see a press release best technology. That’s what competi- at its intense focus on incorporating earlier this week from the New York tion is all about. This is similar to say- customer feedback into its products. Attorney General’s Office making this ing that manufacturers of VHS video- 3. Microsoft believes that innovation claim. It’s almost as though the PR cassette players entered into propri- is at the heart of its future. Microsoft campaign being championed by several etary deals with Hollywood studios to will spend more than $2 billion this Microsoft competitors who have de- force their movies on VHS tapes rather year on research and development. cided these buzzwords have the most than Beta tapes. Just as VHS and Beta More than 16 percent of its revenues media appeal. Anyone who goes out were competing standards, so too are are dedicated to R&D. Its competitors, onto the Internet to find the world of Internet Explorer and Netscape Navi- Sun and Oracle will spend about 8 per- knowledge and information available gator. May the best technology win. cent of revenues on R&D. there knows that no one will ever con- Myth #5: The Justice Department is 4. Microsoft partners with many com- trol access and commerce on the Inter- working to restore choice for con- panies, large and small, who share net. Such a thought is as laughable as sumers. these principles. Microsoft’s thousands suggesting one company will control This is disingenuous at best. Con- of partners are in every state in Amer- all commerce and information in the sumers have always had choice. ica—independent software vendors who world. The Internet is a vast informa- Netscape and thousands of other soft- build great software products for the tion source that will continue to grow ware programs run wonderfully on Windows operating system, PC manu- and expand. No company will ever rep- Microsoft Windows. In fact, the great facturers, solution providers who sup- resent more than a tiny fraction of all untold story is how Microsoft spends port and implement Microsoft tech- the commerce and all the content more than $65 million and 1,000 Micro- nology solutions and many other part- available on the Internet. soft employees to work with its com- ners. Myth #2: Some companies are afraid petitors to build great software appli- In conclusion, I believe that a review to come forward with complaints about cations that run on Windows. of the facts shows that the American

VerDate Mar 15 2010 00:33 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\1998SENATE\S05FE8.REC S05FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S416 CONGRESSIONAL RECORD — SENATE February 5, 1998 software industry is healthy, vigorous, thy of debate and study, has, for one reason goal is not simply to identify practices that innovative and continually improving or another, chosen to ignore reality. reduce competition or rivalry. Rather, it is the lives of American consumers. But, the difficulty of the questions should to identify when the exercise of market not deter us from seeking answers. And, es- power impedes markets from operating free- Microsoft is one of many aggressive pecially given the breathtaking pace by ly and, as a consequence, hurts consumers. and innovative companies in this in- which technology is advancing, it is impera- Where such situations can be identified, dustry. Its leadership is an asset for tive that we search all the more diligently antitrust has the additional burden of identi- the nation. Its leadership is also not and assertively. fying effective remedies that actually ben- guaranteed. In any dynamic, innova- I. ANTITRUST AND FREE MARKETS efit consumers and are not more costly than tive industry such as software, your po- While there has always been, and probably the so-called anticompetitive practices iden- sition in the market is only as strong will always be, considerable debate about the tified in the first place. This sounds pretty as your last product release. The com- proper role of antitrust enforcement, it is simple, but it is not, especially when you are important to note here something that just dealing with highly complex, fast-moving petitive threats to Microsoft are real. marketplaces such as high technology. As PFF, the participants at its con- about everybody agrees with: some degree of antitrust enforcement is important to pro- But it is my hope that those participating ference, and many of my colleagues tecting our free market system and the con- in this symposium today will help those of know all too well, it is the market- sumers that system is meant to benefit. us in policymaking or enforcement positions place, not government regulation that Thus, most who, like myself, trumpet the arrive at the right answers. For getting the will ensure continued innovation and free enterprise system, also recognize that answers right is, I would argue, more impor- consumer benefits. proper antitrust enforcement plays an im- tant now than ever, especially with respect Mr. HATCH. Mr. President, I ask portant role in protecting free markets. Let to these markets which will be the key to our economy for years to come. unanimous consent that an address I me repeat that. Proper antitrust enforce- ment plays an important role in protecting II. THE IMPORTANCE OF ANTITRUST TO THE gave to the Progress and Freedom free markets. DIGITAL REVOLUTION Foundation be printed in the RECORD. From Adam Smith to Robert Bork, free The stakes are high, because ill advised There being no objection, the address market, free-enterprise proponents have long antitrust policy, whether it is overly aggres- was ordered to be printed in the recognized as much. So let me debunk the sive or overly timid, could have drastic con- RECORD, as follows: myth that economic conservatives do not be- sequences for the future of our economy. I lieve in antitrust. To the contrary, we be- ADDRESS OF SEN. ORRIN G. HATCH BEFORE THE would like to spend the rest of my time this lieve strongly in antitrust—so long as the PROGRESS AND FREEDOM FOUNDATION FEB- morning explaining why I think under- role of antitrust is understood properly and RUARY 5, 1998 standing and implementing appropriate anti- not overextended. ANTITRUST IN THE DIGITAL AGE trust policy for the digital marketplace is a Properly conceived, the role of our anti- singularly important policy issue. Good morning. It is a true pleasure to be trust laws is to maximize consumer wel- 1. First is the very simple fact that high with you this morning and to be included in fare—allowing the marketplace to work its technology represents the most important such a distinguished group of leading eco- will so that the products consumers want sector of our economy. High technology is nomic and antitrust thinkers. I know that, can be produced in an efficient fashion and the single largest industry in the United given the early hour, some of you no doubt offered at competitive prices. The basic States, leading all other sectors in terms of are looking for some eye-opening comments. premise is that antitrust protects ‘‘competi- sales, employment, exports, and research and Well, I hate to disappoint, but, let’s not kid tion’’ in the marketplace, and that a com- development. [American Electronics Asso- ourselves folks, this is antitrust we’re talk- petitive marketplace enhances consumer ciation. ‘‘Cybernation,’’ 1997.] ing about, so I hope you’ve had your coffee. welfare. In a properly functioning competi- Perhaps more importantly, high tech- Seriously, though, I would like to applaud tive market, consumer choice dictates which nology is the key to the development of our the Progress and Freedom Foundation for products will be produced and sold, and com- future economy. Not only will technology convening this symposium, as well as those petition among firms determines who will continue to be one of the driving forces be- who have focused their intellectual energies make them and at what price. Consumer wel- hind our economy’s growth, but it also will on the topics to be discussed today. fare is maximized, and society’s ‘‘pie’’ is drive the development of the Internet, the It is, I believe, no overstatement to say larger. ‘‘Information Highway,’’ which, by all ac- that the so-called Digital Revolution is one At the same time, though, our society and counts, will fundamentally alter the way we of the most important economic develop- our antitrust laws recognize that markets do business. ments of our age, one which promises to fun- will not always operate freely and achieve Even Congress, which has traditionally damentally change our economy, our busi- their objective of maximizing consumer wel- been an institution of Luddites, is getting ness, and our daily lives. fare. The reality is that, in some cir- into the swing of things. Communication and Just when I have finally mastered how to cumstances, private market power can dis- accountability to our constituents is much set the clock on my VCR, I discover that it tort the workings of the marketplace and, as improved by web sites and e-mail. Although, won’t be long before I’ll be watching movies a consequence, can hurt consumer welfare by come to think of it . . . we may want to off the Internet, not my VCR. Now I’m really raising prices, restricting consumer choice, rethink this e-mail thing. Now we get feed- beginning to understand that ‘‘virtual re- or stifling innovation. This is where anti- back instantly—not even a grace period. ality’’ means something more than simply trust steps in. The future direction of the Internet will be getting up in the morning. As Judge Bork has written, proper anti- shaped in no small part by events occurring These rapid changes present numerous trust enforcement actually ‘‘increase[s] col- in today’s marketplace. A handful of devel- challenges to policymakers who are seeking lective wealth by requiring that any lawful opments in today’s marketplace could, I be- to understand what, if any, role the govern- products . . . be produced and sold under lieve, have tremendous impact on the Inter- ment should play both in the transition to conditions most favorable to consumers . . .. net, electronic commerce, and information our new digital economy and in the new The law’s mission is to preserve, improve, technology as a whole, for years to come. economy itself. These changes present chal- and reinforce the powerful economic mecha- 2. Which brings me to my second, some- lenges to policymakers who are seeking to nisms that compel businesses to respond to what related reason for suggesting that anti- ensure that, where there truly is a produc- consumers.’’ That’s an important point—pre- trust enforcement in high technology is a vi- tive role for government, this role is both serving ‘‘economic mechanisms that compel tally important policy issue. We are cur- limited and effective. businesses to respond to consumers.’’ [The rently in the midst of important structural While of course the Digital Revolution im- Antitrust Paradox at 91 (1993).] shifts in the computing world. pacts numerous policy areas, I believe that, The $64,000 question, though—or, perhaps Given the unique nature of high tech- ranking high among those is the task of un- in today’s context I should say the $300 bil- nology markets, it is with respect to pre- derstanding the proper role of antitrust in lion question—lies in defining what actually cisely such technological paradigm shifts high-technology markets. I promise to keep injures consumer welfare, calling for anti- that healthy competition and effective anti- my comments brief this morning, but trust enforcement. For it is not enough to trust policy is most important. Allow me a thought I would spend a few minutes dis- say that any reduction in the amount of ri- moment to elaborate on this point, which I cussing why I believe it is important for valry in a particular industry reduces com- believe is a fundamental and important one. antitrust policymakers, law enforcers, and petition, injures consumers, and should be As many economists and capitalists alike intellectuals to engage in a serious examina- stopped by antitrust laws. The very nature of have come to recognize—including, I might tion of market power and structure, and the competition and capitalism is for firms to note, many of today’s participants, and soft- proper role for antitrust enforcement, in the beat each other in the marketplace. While ware industry leaders such as Bill Gates—the Digital Age. this process—competition—certainly bene- economic dynamics in so-called ‘‘network’’ Make no mistake about it—these are dif- fits consumers, its natural outcome is that markets such as the software industry often ficult issues. Anyone who suggests that the the firms who succeed do so at the expense of allow individual firms to garner unusually answers are easy cannot be taking the issues other firms. [See id. at 49.] large market shares in particular segments. very seriously. But anyone who suggests Antitrust law certainly cannot be about Most who have studied such markets close- that these are not serious policy issues, wor- punishing winners or protecting losers. The ly, agree that the cyclical effects of network

VerDate Mar 15 2010 00:33 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\1998SENATE\S05FE8.REC S05FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 5, 1998 CONGRESSIONAL RECORD — SENATE S417 effects or increasing returns can translate compete with, replace or otherwise threaten engaged in by an entrenched monopolist early market leads into rather large market the old firm’s entrenched monopoly, have a with respect to paradigm shifting innova- dominance, if not de facto monopolies, as legitimate opportunity to compete in the tions, have the predatory effect of fore- well as a significant degree of installed base marketplace? closing innovators from getting a fair mar- lock-in. This in itself is not anti-competitive To borrow a phrase recently attributed to ket test. Where they do, I would suggest that when it results from proper market behavior. Professor Carl Shapiro, do innovative start- we have a significant market imperfection While lock-in effects and single firm domi- ups get a ‘‘market test,’’ or are they ‘‘killed which impedes innovation, and in the process nance of particular sectors certainly render in the crib before they get a chance to be- hurts both the industry and the consumer. a market less than competitive, and con- come a core threat?’’ [Steve Lohr with John The questions that I believe law enforcers sequently has costs in terms of consumer Markoff, ‘‘Why Microsoft is Taking a Hard and policymakers must address are first, welfare, it also produces an important posi- Line with the Government?’’ The New York how to identify when particular practices tive effect. Times, January 12, 1998 at D1.] have such an effect; and, second, whether our When one firm dominates the market for a In high-technology markets displaying a current antitrust regime adequately guides product which serves as a platform—a prod- high degree of single-firm dominance, this is industry as well as the courts and the enforc- uct to which other software developers will perhaps the most important question for ers to reach the right answer in a timely write their programs—that firm creates a de antitrust policymakers and enforcers: fashion. These are some of the questions I plan to give close scrutiny in the coming facto standard, a uniform platform. Software To what extent are innovators who offer months, and which I hope to learn more developers thus are not faced with the cost, potentially fundamental changes to the na- in terms of time and resources, to develop about from today’s presenters and panelists. ture of computing given a fair ‘‘market Answering these questions, and coming up applications that run across a variety of test,’’ and just what practices by the en- platforms. This can lead to significant boosts with the proper policy and/or enforcement trenched firm should be considered anti- solutions, is more important now than ever. in productivity and innovation. competitive or predatory efforts to foreclose Indeed, this is precisely what we have seen The market battles being waged today are the opportunity for such a genuine market with respect to Microsoft’s successful estab- likely to have significant consequences for test? lishment of the Windows monopoly, which, the Digital Age tomorrow. by creating a uniform platform for software I believe this is precisely the question—or 3. Which brings me to my third and final developers, has had a tremendous effect in one of the questions—presented by Microsoft reason why I believe sound antitrust policy the recent boom in software applications and today and is one of the reasons why Micro- is so critically important to the Digital Age: the software industry generally. Even those soft in particular inescapably invites scru- because it could prove critical to the growth who are concerned about Microsoft’s exercise tiny in the course of assessing competition of a free and open Internet. of its vast market power must enter this effi- policy in this digital age. Interfaces. In the proper hands, software ciency gain in the ‘‘plus’’ column of their Of course, while antitrust policy in the interfaces are everything. To oversimplify somewhat grossly, software interfaces refer consumer welfare calculation. The fact of Digital Age encompasses more than scrutiny to certain critical external links or hooks in the matter is that Microsoft and the success of a particular firm, the fact remains that a software program that permit other pro- of Windows has been an important ingredient Microsoft in particular does raise a handful grams to communicate, and therefore inter- in the innovation and wealth creation our of questions, given its dominance of the operate, with the first program. Because software industry has produced over the past desktop, together with its admitted effort to interfaces are the key to interoperability, decade or so. coopt important paradigm shifts and, in the So, if a single firm’s domination of a par- process, extend its dominance to a number of and interoperability is the key to software ticular sector at a particular point in time new markets. markets, relentlessly aggressive, savvy com- panies with vast resources can be quite suc- might be the result of perfectly rational The Internet generally and, more specifi- cessful at translating the control of a crit- market behavior, and indeed may have some cally, the potential promise of browser soft- ical interface into control of the markets on economic benefits, where do we go from ware, and object-oriented, ‘‘write once, run anywhere’’ software, represent important either side of the interface. here? Does this mean that antitrust is use- And the ultimate interfaces are the inter- less, irrelevant, or even counterproductive in and possibly critical developments for the computer industry. Both the possibility of a faces to Internet access and content. high technology markets? To some extent, Microsoft has made no secret of the fact new, browser-based platform and interface, perhaps. On balance, the antitrust machin- that it has made dominating the Internet and the possibility of a programming lan- ery in Washington, D.C. probably shouldn’t space a corporate priority. And I credit them guage that is genuinely platform inde- concern itself with every technology market for it. Any genuine free-marketeer, any gen- pendent, able to interoperate with any type which, at a particular point in time, is domi- uine capitalist, must admire the efforts the of operating system, could fundamentally nated by a particular firm to an unusual, company has recently taken to go after what change the nature of computing. even unhealthy extent. Microsoft itself has called the huge ‘‘pot of Among other things, both of these develop- Where antitrust policy should focus, I gold’’ the Internet represents. would propose (with a large footnote to the ments, likely representing the next genera- Like many, I cannot help but admire and Judiciary Committee testimony of Professor tion in computing, introduced a serious applaud Microsoft’s drive to pursue this vi- Joseph Farrell, and other economists who threat to Microsoft’s desktop dominance. As sion. Whether it be a no-holds barred ap- have studied these markets), is on the tran- we all now know, Microsoft has clearly come proach to competing with alternative brows- sition from one technology to the next—on to recognize as much. er vendors, seeking to control Web software so-called paradigm or structural shifts in Thus, with respect to both the so-called programming and tools markets with propri- computing. ‘‘browser wars’’ and the battle between Java etary products, buying the intellectual prop- While it may be likely and even, to a de- (Sun’s essentially open programming lan- erty of WebTV, making large investments in gree, useful, to have a particular firm domi- guage) and ActiveX (Microsoft’s proprietary the cable industry while vying to control the nate a particular segment at any point in alternative to Java), we see Microsoft in a operating systems of cable set-top boxes, time, it is dangerous, unhealthy, and harm- fever pitched battle to control two poten- linking Internet content to the Windows ful to innovation and consumer welfare tially fundamental technological develop- desktop, or any other of a handful of aggres- where that firm can exploit its existing mo- ments and to prevent new technologies, de- sive steps to control the groundwells, plumb- nopoly to prevent new competitors with in- veloped by other firms, from undercutting ing and spigots of the Internet, one can hard- novative, paradigm shifting technologies, the current desktop monopoly Windows en- ly question Microsoft’s ambition to domi- from ever having a fair shot at winning and joys. nate the Internet space, or their business becoming the new market leader or de facto I am confident that nobody from Microsoft savvy in getting there. standard. would dispute this assertion. Nor should Just how much control over the Internet This is especially the case where a single they. Microsoft has all the right in the world Microsoft will exercise is anyone’s guess, and firm exercises predatory market power to not to be asleep at the switch and allow a I certainly do not pretend that I know the prevent healthy competition over a series of fundamental, structural technology shift answer. But many certainly do believe that structural computing shifts. Where this is from undermining its current dominance of this is what Microsoft is out to achieve, in so, one would imagine that investors and the software market. Its shareholders no effect a proprietary Internet, and that the innovators would find other things to do doubt would demand as much. answer lies in the outcome of market battles with their time and money than to try to At the same time, this is precisely where which are being waged right now. For con- compete with the entrenched firm to estab- the practices of a currently dominant firm, trolling the key Internet interfaces is a crit- lish an important new technology. Innova- such as Microsoft, must be scrutinized, and ical step to controlling much of the Internet tion is chilled, and the consumer suffers. where the appropriate rules of the road must itself. The critical question, then, is how a domi- be clarified and enforced. Tying arrange- This, then, is my third reason for why nant or monopoly firm exercises its market ments, free product offerings, licensing or properly calibrated, vigilant antitrust en- power, even if fairly and naturally obtained, marketing practices that are effectively ex- forcement is all the more imperative today. with respect to the new guy that comes down clusionary—these and other practices may In the end, the marketplace should be per- the pike offering an innovative, potentially be entirely appropriate in most instances. mitted to choose whether it wants a propri- paradigm shifting technology. Does this new But the question that, in my view, must be etary Internet. I think I know what the an- firm, offering a new technology that may addressed is whether such practices, when swer would be. But I can assure you that, if

VerDate Mar 15 2010 00:33 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\1998SENATE\S05FE8.REC S05FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S418 CONGRESSIONAL RECORD — SENATE February 5, 1998 one company does exert such proprietary NEED FOR THE HIGHWAY BILL about Lake Tahoe because it is being control over the Internet, and the Internet NOW degraded environmentally. Everyone does in fact become a critical underlying me- Mr. REID. Mr. President, the State of agrees—Republicans, Democrats, con- dium for commerce and the dissemination of servatives, liberals, environmentalists, news and information, rest assured that we Nevada is a large State, one of the will be hearing calls from all corners for the largest in the Union, 74 million acres. nonenvironmentalists—that the lake heavy hand of government regulation—for a Nevada is also the most mountainous needs to be saved, and a commitment new ‘‘Internet Commerce Commission.’’ State in the Union except for Alaska. was made at that time to save that It seems far better to have antitrust en- We have 314 separate mountain ranges. lake. Part of the salvation of the lake forcement today than heavy-handed regula- We have 32 mountains over 11,000 feet comes in the form of transportation tion of the Internet tomorrow. high. We also have vast extremes in improvements in the ISTEA bill that So, let me suggest to those of you who weather. In the southern part of the should be before this body. abhor the regulatory state that you give this State it is not unusual for places such Mr. President, the money that we are some thought. Vigilant and effective anti- talking about spending is not new tax trust enforcement today is far preferable as Laughlin, NV, in the southern tip of than the heavy hand of government regula- the State to reach temperatures of 120 dollars. We are not spending money tion of the Internet tomorrow. degrees. In the northern part of the that does not exist. Every time an indi- III. CONCLUSION State we at times have the coldest vidual goes to a service station to buy gas, they put gas in their car and auto- In closing, I would like to come back to place in the Nation, temperatures far what I said at the outset. These are difficult, below zero that remain for days at a matically, because of legislation that but very important, policy issues. Because of time. has been passed here, the money that what is at stake, effective and appropriate The State of Nevada is also the fast- comes from that purchase goes into a antitrust policy is critical to our digital fu- est growing State in the Nation; we trust fund. That money is set aside for ture. Antitrust policy that errs on either also have the fastest growing city and highway construction and surface side—be it too aggressive or too meek, could the fastest growing county: the city of transportation. And so we are not here have serious consequences. But because of Las Vegas city and Clark County. today demanding that we spend new the uniqueness, and the complexity of high taxes for these roads that are badly technology markets, discerning the proper Every month, 7,800 new residents move role for antitrust requires some fairly hard- into Clark County. So we have an un- needed in Nevada and around the coun- headed analysis. usual State. try. What we are saying is let’s spend Those who dismissively say that tech- The reason I lay this on the Record the money that is in the trust fund. nology is complicated stuff that changes like today is that the State of Nevada des- That is all we are asking. Let’s spend quicksand are in a sense correct. But, is the perately needs a highway bill. We des- the money. There has been a commit- answer, as has been suggested by some poli- perately need a surface transportation ment made that those moneys that ticians and other new-found friends of Micro- bill brought before this body and de- have been collected should be spent on soft here in Washington, simply to throw up bated and resolved. The ISTEA legisla- our surface transportation. The first our hands and move on to other, easier, and less sensitive issues? Hardly. tion, as we call it, was a good piece of step is to get the highway bill done Rather, let me suggest that the answer is legislation when it passed in 1991. I was (and the sooner the better). to make sure that the rules of the road are fortunate to be on the subcommittee Mr. President, when I practiced law, the right ones, and that the referees do a that drafted that legislation. I was for- we would set up trust funds for our cli- good job enforcing them, when and where it tunate to be able to work on that com- ents, and it could be as a result of a is appropriate. Antitrust policymakers and mittee with the chairman of the com- contract that you were dealing with for enforcers should not shirk their duties just mittee, Senator MOYNIHAN, and the your client, trying to resolve contrac- because the task is a hard one. ranking member, now the chairman of tual differences; it could be for the sale I have a great degree of confidence that the of a piece of real estate; it could be for current head of the Antitrust Department is the committee, Senator CHAFEE. up to the task, and, as Chairman of the Com- We did some unique things with that a personal injury case. This money was mittee with antitrust and intellectual prop- ISTEA legislation. We allowed more put into a trust fund for the client. If erty jurisdiction, I plan to do what I can to spending but more of that spending in fact we used those trust fund mon- ensure that the rules are being applied both power went to the individual States. eys for anything else, to pay rent, to fairly and effectively. We in Congress not That was the main goal of the ISTEA purchase a car, or to do something that only can, but in my view must, ask the ques- legislation that passed in 1991: turning wasn’t in keeping with our client’s tions and help ensure the right answers. more spending power and authority wishes, we could be disbarred and in Toward this end, I would like again to over to the States and localities while fact criminally prosecuted. thank the Progress and Freedom Founda- I cannot imagine that we are using tion, and those who have dedicated the time maintaining a strong national trans- and intellectual effort to these difficult portation system. And during the 6 these trust fund moneys for these high- questions, for taking a very productive step years this legislation has been in effect ways for some other purpose. If we did in this process of understanding and imple- it has worked well. that in the private sector, we would be menting a sound, effective role for antitrust We have made progress in returning subject, if we were a lawyer, to disbar- policy in the Digital Age. I expect that we more authority to local jurisdictions. I ment; if you were not a lawyer, maybe all will learn a great deal from what I trust believe, when we are able to take up to criminal prosecution and, in fact, if will be a vibrant and energetic discourse the bill that came out of the com- you were a lawyer to criminal prosecu- throughout the remainder of the day. mittee, the bill which is now before tion. Mr. GORTON. Mr. President, I want this body, we will continue along the So these highway trust fund moneys particularly to thank my friend from same lines. should be spent for the purpose for Nevada for agreeing to let me proceed. I rise today to say that I think we which they were collected and no other The PRESIDING OFFICER. Under a are breaking faith with the American purpose. Not for offsetting the deficit, unanimous consent request, the Sen- people by not having this legislation in not for a fancy new spending program ator from Nevada is recognized for up the Chamber today. I have outlined the in some other place. This money should to 15 minutes. problems we have in the State of Ne- be used for surface transportation. I Mr. REID. I say to my friend from vada. Because of the mountains we cannot understand why we are not Washington, it was a pleasure to yield have around the State, because of the bringing this bill before this body im- that time and to listen to his state- extremes we have in weather around mediately. ment, which was typically much like the State of Nevada, we badly need When Congress was unable last year the Senator from Washington; it was these highway funds. All of this is com- to complete its work on the long-term very thorough and educational for me. pounded by the tremendous growth we reauthorization program, I was a Mr. President, I ask unanimous con- are having in the State of Nevada. strong proponent of the notion that we sent that following my statement, the The President came to Lake Tahoe needed to pass a short-term extension. Senator from California be recognized last summer with the Vice President The Presiding Officer at this moment for 10 minutes. and five Cabinet officers. A commit- serves on the Environment and Public The PRESIDING OFFICER. Without ment was made by the States of Cali- Works Committee with this Senator. objection, it is so ordered. fornia and Nevada to do something He, too, helped move the bill out of the

VerDate Mar 15 2010 00:33 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\1998SENATE\S05FE8.REC S05FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 5, 1998 CONGRESSIONAL RECORD — SENATE S419 committee, and we agreed that there parts of the State of Nevada, where the unanimous consent agreement of Sen- should be a short-term extension to en- construction season is extremely short. ator REID. sure continuity in State programs and Delays in reauthorization are going to The PRESIDING OFFICER. That is to live up to our obligation to the lead to delays in roadbuilding and correct. American people to provide a world- maintenance soon. A delay of several f class—in fact, the best—transportation months can easily lead to a delay of a DROP IN COCAINE SEIZURES ON system. year or more in the colder climates of THE SOUTHWEST BORDER That is what these trust fund moneys our State. are all about. I supported this short- This applies all over the country. Ne- Mrs. FEINSTEIN. Mr. President, term approach as a last resort. But I vada is currently the fastest growing Congress has increased the priority of was under the assumption that leader- State in the Nation. As I indicated, the war on drugs in recent years. We’ve ship here would allow us to move the about 8,000 people moved to Clark allocated nearly $300 million in addi- surface transportation bill to the floor County last month—that’s the Las tional funds to the U.S. Customs Serv- so that we could begin working on it as Vegas area. In order to address our ice since 1996. And I think all of us know that the soon as we returned from the recess. long-term growth-related infrastruc- Southwest Border is still, without This has to happen. It was supposed to ture needs, we need a 6-year bill; not a question, ground zero in U.S. drug be one of the first things we brought up 3-month bill, not a 6-month bill. Six- interdiction efforts, with more than when we got back here. month bills do not allow us to ade- 70% of the cocaine and other narcotics The surface transportation bill made quately plan for the future. It is unfair entering this country across the 2,000 the States partners with the Federal of this body, this Congress, to arbi- mile stretch of border between our Government. With this highway bill, trarily wreck the planning processes of we had more of a partnership than we country and Mexico. 50 States and tens of thousands of high- To meet this threat Congress author- had ever had before. The partnership way construction workers and contrac- was to build a stronger transportation ized more than $100 million over the tors whose livelihood depends on the last two years to add 650 inspectors and system and to maintain a stronger timely and consistent flow of these transportation system. We are leaving employ state of the art technologies highway funds. We must move forward. along the Southwest border. The Presi- the departments of transportation in To not do so is simply unfair. It is un- all States in the lurch by putting off dent’s budget in fiscal year 1999 calls fair for the Congress of this country to for an additional $104 million for work for months now. This is no way to hold up the gas taxes that the people treat a partner. If we are truly partners Southwest Border narcotics efforts. pay every time they fill up their tanks So you can imagine my surprise with the States, their departments of at a service station while we continue when I opened yesterday’s edition of transportation, then certainly we collecting these huge sums of money the Los Angeles Times to read the fol- should be moving this legislation. every day to go into this trust fund. We lowing: State transportation programs are are not being fair to the American pub- continuing for the moment, but let’s The amount of cocaine seized at the com- lic by not spending these trust funds. mercial ports of entry along the U.S./Mexico not kid ourselves. These programs are We spend a lot of time in this body border plummeted 84% in 1997, forcing U.S. dying. They are on life support, but talking about States rights. Let’s dem- Customs Service officials to develop a new they are dying. We designed the short- onstrate our commitment to States by drug fighting strategy and leaving them con- term extension in a way that we would, passing this highway bill. It is impor- cerned about a backlash in Congress. in effect, force ourselves to work on tant we do it. It is important we do it Well, Mr. President there is a back- this legislation after we came back tomorrow, not next month or the lash from this United States Senator after the first of the year. We are not month after that. Let’s get to work on because for five and a half years now I following through on that. Our goal reauthorization today. have sounded a constant drumbeat on was to allow the States to spend Mrs. FEINSTEIN addressed the Treasury and on Customs to stop the unallocated balances for a couple of Chair. mixed missions of the Customs Depart- months to prevent a lapse in the pro- The PRESIDING OFFICER. The Sen- ment and understand that there is a grams. We didn’t build an extra quarter ator from California. major problem with cocaine coming or 6 months into that idle time. Mr. KENNEDY. Will the Senator across the Southwest Border. Frankly I congratulate and I applaud Senator yield for a unanimous consent request? an 84% drop in seizures last year indi- BYRD, the ranking member of the Ap- Mrs. FEINSTEIN. I will. cates that all of the money and all of propriations Committee, who has been f the personnel we have been pumping in on this floor and steadfastly and con- has simply not done the job. 84% at the PRIVILEGE OF THE FLOOR—S. 1601 tinually and very effectively has Southwest border, and cocaine seizures brought to the attention of this body Mr. KENNEDY. Mr. President, I ask are down 15% across the nation. and the people of this country the need unanimous consent that two fellows in If someone could tell me the reason that we move to (and pass) the surface my office, Ellen Gadbois and Diane for the drop is because, overall, there is transportation bill. The closer we get Robertson, be granted the privilege of less cocaine coming into the country— to the election the harder it is going to the floor during Senate consideration I’d say, congratulations, our efforts be to do the right thing in regard to of the cloning legislation. have been successful. this legislation. If we wait until April, The PRESIDING OFFICER. Without But that doesn’t appear to be the April is going to become July, and then objection, it is so ordered. case. Narcotics intelligence officials July will become October. We should Mr. BYRD. Will the distinguished continue to warn that an estimated 5 do this now. We should move this bill Senator yield for a question? to 7 tons of cocaine enters this country as quickly as possible. Mrs. FEINSTEIN. Yes, I certainly every single day of the year. We are There are some States, including the will. just not getting it. State of Nevada, where we are limited Mr. BYRD. Will the Senator object to If someone could tell me that the in terms of the amount of funds we can my asking consent that I be recog- drop along the Southwest Border is be- allocate because of bid-letting proce- nized, after the distinguished Senator cause our efforts have been so success- dures. There are only certain times from California speaks, for not to ex- ful, that the drug smugglers are going that we can let these contracts—some- ceed 20 minutes? elsewhere—I’d say bravo, the tax- times because of weather in parts of The PRESIDING OFFICER. Is there payers’ money has been well spent. the State of Nevada. As I have already objection? Hearing none, it is so or- But, again, that does not appear to be described, because of the weather ex- dered. the case. Customs officials are widely tremes, you cannot do work all year Mr. BYRD. I thank the distinguished quoted in news reports saying the prob- round in the State of Nevada. So we Senator and I thank the Chair. lem is that the drug traffickers con- need to let these bids take place. As I Mrs. FEINSTEIN. Mr. President, I tinue to stay two steps ahead of our have indicated, there are many parts of rise to speak in morning business. I un- interdiction efforts. And in fact, that is Nevada, in the high Sierras and other derstand I have 10 minutes by the the case.

VerDate Mar 15 2010 00:33 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\1998SENATE\S05FE8.REC S05FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S420 CONGRESSIONAL RECORD — SENATE February 5, 1998 Let me again quote from this article: in the newspaper from Customs’ offi- [From the Los Angeles Times, Feb. 4, 1998] Customs officials received a warning in cials about how easily the traffickers DROP IN DRUG SEIZURES WORRIES U.S. June 1997 that portions of the agency’s en- are walking all over us. CUSTOMS forcement strategy at the ports had been I do appreciate the candor from Act- (By H.G. Reza) compromised. A June 20, 1997 memo from As- ing Commissioner Sam Banks on the SAN DIEGO—The amount of cocaine seized sistant Commissioner Robert S. Trotter to weaknesses in our efforts. And I under- at the commercial ports of entry along the all Southwest border port directors warned stand that Customs is moving very rap- U.S.-Mexico border plummeted 84% in 1997, that ‘‘traffickers have developed detailed forcing U.S. Customs Service officials to de- knowledge and profiles of our port oper- idly to counter this 84% drop in sei- zures with a new operation entitled velop a new drug-fighting strategy and leav- ations’’. ing them concerned about a backlash in Con- More than once, Customs officials ‘‘Operation Brass Ring’’. They clearly gress. have come into my office to tell me know that what they are doing is insuf- Bill Heffelsinger, assistant to acting cus- that—not only is it not possible to in- ficient. toms Commissioner Samuel H. Banks, said crease inspection of trucks and cars en- For some time, I have believed that Tuesday that inspectors working at the high-risk commercial ports on the South- tering our border, obviously because the mixed mission given by the Admin- istration to the United States Customs west border confiscated 2,383 pounds of co- there are so many of them—it is not caine last year, compared to 15,114 pounds in really necessary, because today we are Service creates a situation whereby the law enforcement functions of the 1996. applying sophisticated technology, in- Nationwide, the quantity of cocaine seized cluding electronic technology, random United States Customs Service cannot by the agency dropped 15% last year to searches, and Customs’ vast intel- be carried out properly. 159,475 pounds, compared to 187,947 pounds in You cannot run an agency with a ligence operations and all of that com- 1996, Heffelsinger added. The total number of mixed mission, especially a mission bined is enough to do the job. seizures by customs agents and inspectors of Four years ago I went and spent a that has the kind of a diametrically all kinds of drugs was a record 26,240 nation- wide last year, authorities said. day at the Otay Mesa port at the different goals that Customs faces. Move the trucks by the millions, just Acting Commissioner Banks, in an inter- Southwest border. I observed, directly view Tuesday, said the drop in cocaine sei- adjacent to our Customs facilities, do random searches, depend only on technology, and avoid statistics like zures is worrisome. ‘‘You look at those num- ‘‘spotters’’ who are individuals stand- bers and you want to be your own worst crit- ing out on the street with radios and the one that just appeared in the Los ic,’’ Banks said. ‘‘You’re going to be asked cellular telephones. I then went up to a Angeles Times with an 84% drop in sei- questions on [Capitol] Hill, and we have to zures in cocaine coming across the hill overlooking the Customs facility provide answers [for how to stop the flow of Southwest border. and I watched the spotters work. They drugs].’’ I have urged the Administration to Rep. Ron Packard (R–Oceanside) said Tues- get on their phones and they talk to appoint a law enforcement person as day he was disappointed by customs’ failure the trucks waiting to cross the border the new Commissioner of Customs. I to seize more cocaine at the commercial and they direct the trucks as to which am heartened to understand that the ports. lines they should be in to get through ‘‘Congress has directed almost every pos- Administration has just signed off on sible resource toward drug interdiction ef- the border. the appointment of Ray Kelly as the I mentioned this at the highest levels forts, including more agents, better tech- new Commissioner of the U.S. Customs of the Treasury, both verbally and in nology and several hundred million dollars Service. in additional funding,’’ said Packard. ‘‘These writing. I said that we must do some- I have worked with Mr. Kelly over are not the results we expected. If interdic- thing about the spotters. Four years the past few years as he has been the tion is down, the American people deserve later, the spotters are still there, they Secretary for Enforcement in the some answers.’’ are still operational. I am told that Treasury Department. I believe he is a Customs officials hope to find answers there is no law under which we can do through Operation Brass Ring, a new nation- straight shooter. He is a law enforce- wide drug interdiction strategy launched by anything about it. Unfortunately, at no ment person. He has an exemplary time has Customs come forward in this the agency this week. Officials said the oper- background. I hope that he will be able ation is part of a broader five-year program four year period with any recommenda- to redirect the Customs Service to un- by the Office of National Drug Control Pol- tions for any laws to be passed to deter derstand that they do have a law en- icy to reduce by 50% the amount of illegal this activity which is almost certainly forcement mission. And, in fact, that drugs entering the country and, according to an illegal conspiracy to bring cocaine that mission is to deter contraband a news release, ‘‘was designed almost en- into this country across the Southwest from coming across the border of the tirely in the field by . . . inspectors, inves- border. tigators and union representatives.’’ United States. Memos obtained by The Times show that The ‘‘random’’ searches that I have We also know, Mr. President, that heard so much about are supposed to the new strategy comes at a time of concern guns in large supply are moving from among customs union officials over possible keep traffickers trembling in their big- this country down to Mexico. These political repercussions resulting from the rigs. But they have become so predict- guns are used for two purposes. One is drop in the amount of cocaine caught at the able that, by Customs’ own admission, to give them to the cartels for their commercial ports. ‘‘traffickers know what cargo, convey- use and the second is for revolutionary A Nov. 28, 1997, National Treasury Employ- ances, or passengers we inspect, how insurrection against the government of ees Union memo noted that Congress had au- many of those conveyances are checked Mexico. thorized $64 million in funding in 1997 for 657 on an average day, what lanes we work I believe that the work of the United new enforcement positions along the South- west border as part of Operation Hard Line, harder, and what lanes are more acces- States Customs is really cut out for the drug interdiction plan in effect at the sible for smuggling.’’ them. In the best of all worlds, trade time. Now, Mr. President, I am not insensi- will continue to increase across the Hard Line was launched in 1995 after The tive to how difficult this task is, and I Southwest Border, providing jobs and Times reported that there had been virtually want to commend the extremely hard income for those on both sides of the no cocaine seizures at the biggest commer- working men and women of the United border. cial ports on the U.S.-Mexico border, where States Customs Service. I know many But if we are serious about the drug thousands of trucks cross daily. of them personally. I know they work The union memo predicted that ‘‘no doubt threat—as we say we are—we must de- Congress will be highly upset with these hard. I know they try to do their job. mand that the law enforcement func- [1997] figures . . . border drug interdiction is They put on those uniforms every day, tions of deterring contraband be made becoming a major political issue in Wash- they inhale all of these exhaust fumes, the highest mission of the United ington.’’ and they try to keep up with what has States Customs Service. Another union memo on Dec. 22 said new been a massive increase in traffic com- Mr. President, I ask unanimous con- ‘‘enforcement operations’’ were needed and ing across the border. sent that an article entitled ‘‘Drop in urged inspectors to be flexible and imagina- But, Mr. President, I do not like to tive in their approach to drug interdiction. Drug Seizures Worries U.S. Customs’’ ‘‘The objective being to increase our sei- be told how effective our intelligence be printed in the RECORD. zures so customs and [the union] don’t get is, and how sophisticated our tech- There being no objection, the article their heads handed to them by the politi- nology is, and how tough our enforce- was ordered to be printed in the cians in Washington when the budget meet- ment efforts are—and then read reports RECORD, as follows: ings start in March,’’ the memo said.

VerDate Mar 15 2010 00:33 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\1998SENATE\S05FE8.REC S05FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 5, 1998 CONGRESSIONAL RECORD — SENATE S421 Robert Tobias, president of the employees turn the tables on them and use them absolute freeze on highway spending union, said he would not apologize for the against themselves. Counter surveillance is for the next 5 years; never mind the blunt talk in the memos. part of [the Brass Ring strategy], but I can’t tremendous unmet needs that exist ‘‘This was me doing my job as president to say more.’’ inform [members] what the stakes are,’’ said across this Nation for bridge and high- Mrs. FEINSTEIN. I thank the Presi- way construction, and for safety im- Tobias. ‘‘There’s nothing wrong with telling dent, and I yield the floor. people that if you don’t get off your duff provements; never mind a critical pro- you’re in danger of losing your job. Brass The PRESIDING OFFICER (Mr. vision in the Taxpayer Relief Act of Ring is a wake-up call to all of us involved BROWNBACK). The Senator’s time has 1997, which is there by virtue of an in fighting drugs.’’ expired. Under a previous unanimous amendment that was offered by my On Tuesday, Banks said he was pleased consent agreement, the Senator from friend and colleague from Texas, Sen- that the president’s proposed customs oper- West Virginia is recognized. ator PHIL GRAMM; never mind that crit- ating budget for 1999, publicly announced Mr. BYRD. Mr. President, I thank ical provision in the Taxpayer Relief Tuesday, was $1.8 billion, up from $1.7 billion the Chair, and I, again, thank the dis- in 1998. That budget must still be approved Act of 1997, a bill that the President by Congress. tinguished senior Senator from Cali- signed into law with much fanfare, and Banks said he was willing to publicly fornia for her usual characteristic rightly so, last year. admit some of the agency’s enforcement courtesy. That bill included a provision trans- problems ‘‘so we can get the issue out there, f ferring the 4.3 cent gas tax—that had even if it’s critical to us.’’ INTERMODAL SURFACE TRANS- been used for deficit reduction since ‘‘I’m willing to take it on the chin if nec- 1993—into the highway trust fund, so essary to get the message out, so we can PORTATION EFFICIENCY ACT OF focus on the drug problem,’’ said Banks. ‘‘I 1997 that it could not be used for other pro- grams, instead of the highway pro- want to get the message out to the American Mr. BYRD. Mr. President, it is imper- public so they can deal with it in the com- gram, but could be used to address munity and in schools.’’ ative that the Senate turn imme- these serious highway deficiencies. But Banks said Brass Ring will ‘‘dramatically diately to the consideration of the even with this new source of revenue to increase drug seizures’’ at the 24 points of Intermodal Surface Transportation Ef- the trust fund—roughly $7 billion per entry on the U.S.-Mexico border. ficiency Act of 1997. We now have less year—the President’s budget now calls ‘‘The push for Brass Ring is to turn up the than 45 days remaining in which the heat internally and get people focused. We’re for the overall Federal obligation ceil- Senate will be in session between today ing for highways to increase by how trying to get people focused. We’re trying to and May 1, 1998. put the heat on ourselves,’’ Banks said. much? Not one copper cent! Not one A Nov. 28, 1997, report by the union said On May 1 of this year, our State penny; not one penny! Over the next 5 that ‘‘intelligence sources are reporting that highway departments throughout the years, it is to be frozen. 5 to 7 tons of illegal drugs are being smug- land and our transit providers across Under the President’s budget, the un- gled from Mexico to the U.S. every day.’’ the Nation will be forbidden by law committed balance of the highway In the interview Tuesday, Banks said he from obligating any new Federal high- trust fund will grow and grow and does not dispute the union’s figures. way or transit funds. That is the drop- grow, like topsy. Based on estimates Concern over the declining cocaine inter- dead date. That is the deadline. diction figures arose in September, when that I have received from the Congres- Banks reported in a memo to customs em- What will it mean to individual sional Budget Office, under the com- ployees that he had met with Gen. Barry States when they no longer can move mittee-reported bill, the unspent bal- McCaffrey, head of the Office of National forward on a comprehensive highway ance of the highway trust fund will Drug Control Policy. The Sept. 18, 1997, construction program? What will it grow from $25.7 billion at the end of memo said that ‘‘we were asked some tough mean to your State? What will it mean this fiscal year to more than $71.8 bil- questions about the effectiveness of our var- to mine? What will it mean for our Na- ious operations, and we did not always have lion at the close of the authorization tion’s highway construction workers period covered by the next ISTEA leg- convincing answers.’’ when they are thrown out of work, Heffelsinger said the biggest problem in islation. customs’ interdiction plan had been its pre- when that paycheck stops and when At that time, therefore, there will be dictability. they have to struggle to put a meal on almost $72 billion that would just sit In 1997, 3.5 million trucks and rail cars their family table? unspent in the highway trust fund; $72 crossed into the United States from Mexico What will it mean for our urban tran- billion paid by you out there, paid by at the commercial ports along the border sit systems when they must cease you, the buyers of gasoline; $72 billion from Texas to California and about 30% were progress on projects, projects that are paid by our constituents—yours, I say inspected for narcotics, customs officials needed to minimize congestion and to said. An equal number of trucks and rail cars to the distinguished Senator from Cali- crossed in 1996, and 25% were inspected for move our constituents to work, to fornia, and mine—paid by our constitu- drugs that year, they added. schools, to places of worship, to child ents at the gas pump—money that will However, ‘‘we aren’t as unpredictable as we care centers, and back home? be deposited into the highway trust would like to be. The goal of Brass Ring is to It will mean disruption, deprivation, fund but not used. Not used. get back to being unpredictable,’’ and, in cases where some construction Under the President’s budget, the Heffelsinger said. projects need to go forward for the trust fund balance would grow even Customs officials received a warning in sake of safety, it will mean that acci- larger, since his 5-year highway freeze June 1997 that portions of the agency’s en- dents, injuries, and perhaps even death forcement strategy at the ports had been is some $9.6 billion less than would compromised. A June 20, 1997, memo from may be the result because of our even be authorized in the committee- Assistant Commissioner Robert S. Trotter to delay—our inexcusable delay. There is reported bill which we debated on this all Southwest border port directors warned no excuse for the delay. Senate floor for about 21 days last fall. that ‘‘traffickers have developed detailed On Monday of this week, the Presi- I do not believe that a majority of knowledge and profiles of our port oper- dent sent his formal budget request for this body supports the notion that ations.’’ fiscal year 1999 to the Congress. That highway spending should be frozen for Trotter said that spotters, commonly used budget calls for the overall obligation by drug rings to warn of enforcement activ- the next 5 years, while the unspent bal- ity at the ports, ‘‘have determined what ceiling for our Federal aid highway ance in the highway trust fund rises by cargo, conveyance or passengers we inspect, programs to be frozen. Now hear that! roughly 300 percent over the next 6 how many of those conveyances are checked This is the President’s budget, calling years. I am confident that a majority on an average day, what lanes we work hard- for the Federal aid highway program to of this body does not support that idea. er and what lanes are more accessible for be frozen for each of the next 6 years at I do believe, however, that it is in- smuggling.’’ the level enacted for FY 1998, namely, cumbent for this Senate to take up the Banks acknowledged that customs has still $21.5 billion. highway bill, to take it up immediately not learned how to defeat the spotters, who The President ran for office the first and to make it clear that we do not work in the open on the U.S. side at the gates to the commercial ports. time on a strong platform recom- support the President’s proposal for a ‘‘There’s no question that people are sit- mending more infrastructure in this 5-year freeze on highway spending. ting at the ports, shepherding loads and act- country, more highways, safer bridges, Let the President hear that message, ing as guides,’’ said Banks. ‘‘We’re trying to but the President now is proposing an loud and clear. We do not support a 5-

VerDate Mar 15 2010 00:33 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\1998SENATE\S05FE8.REC S05FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S422 CONGRESSIONAL RECORD — SENATE February 5, 1998 year freeze on highway spending, nor Transportation, by more than $15 bil- the very Senators who now complain do the American people support that. I lion annually. about lack of action. am confident they don’t. With that backdrop, it defies sanity The majority leader filed four—not The financial needs of our national that the administration wants to freeze one, not two, not three, but four—clo- highway network vastly exceed our highway spending over the next 5 ture petitions to force action on the current levels of expenditure. If we years. Every driving American pays bill. I voted for cloture each and every freeze highway spending for the next 5 gas taxes. We have told them that that time. Almost all the Members on this years, the gap between what will be money would go toward increased high- side of the aisle voted for cloture each needed just to maintain the present in- way investments. What will we tell and every time. But on the other side adequate conditions of our Nation’s them now? Mr. President, this Senate of the aisle we did not get much sup- highways, on the one hand, and what needs to take an immediate step to call port for acting on ISTEA; in fact, we we will be able to spend, that gap is up the highway bill and to tell the did not get any support. Considering going to grow wider and wider and traveling public that we do not support that, Senators who now come to the wider, and we will fall farther and far- freezing highway spending for the next floor demanding action on this bill ther behind. 6 years. used the procedural rules of the Senate Yet, Mr. President, the Department Why wait until May 1, when our to block action just a few short weeks of Transportation has stated that our States will be prohibited from obli- ago. They voted to block ISTEA four Nation would be required to spend an gating any Federal funds on highway times, as I say. Not once, not twice, extra $15 billion each year above cur- or transit projects? We should call up not three, but four times they blocked rent spending levels just to maintain the highway bill and make it clear to action on proceeding to ISTEA. the current conditions of our Nation’s America that we meant what we said On four separate occasions, when highways. We would have to boost when we voted to transfer the 4.3 cents these Senators could have used their spending on highways by more than $15 gas tax from deficit reduction to the power as voting Members of this body billion a year to make the least bit of highway trust fund. An overwhelming to help the majority leader move this improvement overall in the condition majority of the Senate supported that vital legislation forward, they voted of our Nation’s highways. Now, that is transfer. The administration may have no. They would not help. If they be- what the U.S. Department of Transpor- frozen the transportation budget, but lieve ISTEA is a vital bill, why didn’t tation is telling us. this Senate does not have to freeze in a they help? With their help we could And what are the current conditions stupor of suspended animation while have completed Senate action last of our Nation’s highways? At present, we watch our States careen toward a year. only 39 percent of our National High- certain brick wall. There are only 45 Last Monday, one Senator even said way System is rated in good condition. days left. Now is the time—now is the that Congress is ‘‘derelict in its duty’’ That is not what Senator BYRD is say- time—to take the next step by moving because it has not acted on the ISTEA ing, that is what Senator BYRD says to the highway bill. reauthorization. Now, ‘‘derelict in its that the U.S. Department of Transpor- Mr. President, how much time do I duty’’ is a pretty strong statement. tation says. Fully 61 percent of our Na- have remaining? Well, who is it that has been derelict? tion’s highways are rated in either fair The PRESIDING OFFICER. The Sen- It has not been the majority leader. He or poor condition. ator from West Virginia controls 6 forced four cloture votes on this bill. I For our 42,794 mile interstate system, minutes. did everything I could to move the bill the crown jewel of our National High- Mr. BYRD. I ask unanimous consent forward. I was ready then. I am ready way System, one-half of the mileage is that I may reserve that time. now. rated in fair or poor condition. These The PRESIDING OFFICER. Without If dereliction of duty is a fair charge, figures only worsen when one looks at objection, it is so ordered. I suppose it is a charge most appro- our other major and Federal State Mr. CHAFEE addressed the Chair. priately aimed at those Senators who highways. In our urban areas, 65 per- The PRESIDING OFFICER. The Sen- voted against cloture on this bill four cent of our noninterstate highway ator from Rhode Island. separate times. There is a record. Any- mileage is rated in fair or poor condi- Mr. CHAFEE. Mr. President, I ask one can look up and see who those Sen- tion. unanimous consent that I have 20 min- ators were. There are over a quarter of a billion utes, and then at the conclusion, fol- Now, my second point goes to the miles of pavement in the United States lowing the time reserved for the Sen- schedule for completing action on that is in poor or mediocre condition. ator from West Virginia, that Senator ISTEA. The Senators who spoke Mon- This is what the U.S. Department of BOND be recognized to proceed with the day and Tuesday were talking as if Transportation tells us. There are al- measure that was originally planned. Senate action is all that is needed to most 95,000 bridges in our country that The PRESIDING OFFICER. Without wrap this matter up now. They went on have been classified as deficient, and objection, it is so ordered. at great length about how the States within that total, roughly 44,000 Mr. CHAFEE. Mr. President, last need early Senate action so the States bridges have been deemed to be struc- Monday several Senators came to the can plan for the coming construction turally deficient, meaning that they floor to express their concern because season. These Senators expressed great need significant maintenance, rehabili- the Senate has failed to pass a reau- frustration on behalf of the States be- tation or replacement. thorization of the Nation’s surface cause any further delay will greatly Many of these bridges require load transportation programs. Senator complicate the work of the States. posting, requiring heavier trucks to BYRD was on the floor again Tuesday Well, I am sympathetic to the plight take longer alternate routes. That af- and indeed has been on the floor today, of our State transportation depart- fects our efficiency, our productivity Thursday, on this same subject. As ments because this bill has been de- and our overall economy. And an addi- Senators and the American people lis- layed. I wish we were at the end of the tional 51,000 bridges have been deemed ten to these expressions of concern, I day and the States had the bottom-line to be functionally deficient, meaning hope they will keep the bigger picture allotments they need for their plan- that they do not have the lane width, in mind. ning, but as everybody knows, Senate shoulder width or vertical clearances First, why hasn’t the Senate passed action on this bill is only a very small sufficient to serve the traffic demand. an ISTEA II bill that would reauthor- step in a long traveling process. The condition of our highway system is ize our highway and transit programs? The House has to do a bill. That bill fast becoming a national disgrace. Well, it isn’t for lack of trying, Mr. is likely to be very different from the As I said, Mr. President, to make any President. That bill was before the Senate bill so, therefore, we have to re- improvements at all in these condi- Senate for a period of more than 2 solve the differences in conference and tions, to keep these conditions from weeks at the close of the session last then bring the bill back for passage in worsening further, we would have to year. But Senate consideration of the the respective bodies. Any State that boost spending in our highways, ac- bill was blocked by a filibuster, a fili- did any planning based solely on a Sen- cording to the U.S. Department of buster that was supported by some of ate-passed bill would be making a

VerDate Mar 15 2010 00:33 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\1998SENATE\S05FE8.REC S05FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 5, 1998 CONGRESSIONAL RECORD — SENATE S423 great mistake. Frankly, they cannot Texas. It comes down to this. ‘‘The ment to spend more on highways before make any plans until the entire proc- Government has a surplus. We must any other priorities can make a claim ess is completed. spend the surplus. To do otherwise on this potential surplus. ‘‘Highways Now, everyone knows that the House would break a solemn oath we made to First,’’ as I say, is their motto. has made a very firm decision to post- the American people.’’ I know there are many Members of pone action on this transportation leg- Now, the surplus that the Senator this body who believe we should spend islation, so-called ISTEA reauthoriza- from Texas most frequently mentions more on highways, maybe not ‘‘High- tion, until the budget resolution for in the context of the highway bill is ways First,’’ not take it all, but some fiscal year 1999 is completed. That is a one that will result because of action more. For those Senators, I would fact. The House has said that. Even if taken last year to put the revenue make three quick points. we passed ISTEA II in the Senate this from the 4.3-cent gasoline tax imposed First, the bill reported by the com- afternoon, we would not speed up the in 1993, that was passed to reduce the mittee—the committee I am chairman process one iota. Even if we passed it deficit—and the vote, as has been of that brought the bill to the floor— last year when some of us were here on pointed out today, was to transfer dramatically increases highway spend- the floor ready to take action we would that—into the highway trust fund. ing. It is up over 20 percent over ISTEA still be forced to wait for the House to In 1993, when the Democratic Party I. It is up $25 billion over the 6-year pe- complete its work. still controlled the Congress, gasoline riod. In the context of the balanced As I look at the calendar, the House taxes were increased by 4.3 cents per budget amendment reached last year, is making the task facing the States gallon with the revenue going to the that essentially freezes discretionary more difficult. But we cannot change general fund to reduce the deficit. The spending over the next 5 years. And the calendar by voting on this bill Senate Republicans all voted against here is a program that gets a 20 percent today on the floor of the Senate. that tax increase in 1993. But last year, increase. Thus, no one can argue that So what is really going on here, Mr. with the Republicans in charge, the we did not do very well in connection President? Why would Senators who revenue from that tax increase was with this piece of legislation. voted to block action on this bill just a transferred into the highway trust fund As a second point, if Senators believe few weeks ago now come to the floor from the deficit reduction area where that even more is needed, they will demanding action today? Why would it was before. And now we are asked to have the opportunity to make that Senators who know that we have to spend it. case when the Senate considers the wait for the budget resolution to be Now, the notion—this is something I budget resolution in March. The com- completed before the House will act really want to stress —the notion that mittee-reported bill tracks the spend- speak as if the Senate is ‘‘dithering and anybody promised the American people ing levels given to us in the budget res- dallying and delaying’’ on this bill? to spend that 4.3 cents on highway con- olution last year. We have followed our The real issue, Mr. President, is how struction is preposterous. It is just the instructions in and abided by the budg- much money are we going to spend on opposite. The American people were et that this Senate adopted, and the the highway program. That is the real promised that that 4.3-cent increase ink is hardly dry on it. It was only question. The Senators who are clam- would be used to bring down the def- signed by the President I believe in oring for action now are the sponsors icit, not to increase spending pro- July. If the Senate changes course and of a big amendment to dramatically in- grams. wants to increase spending in the budg- Now that the deficit is under control, crease Federal highway spending. They et resolution for next year, then I the Senator from Texas has led the want the bill to come up now because would assume an amendment to ISTEA charge to transfer the revenue from they want their amendment for high- II to carry out that instruction would that tax to the highway trust fund. As way spending to be considered now in a be adopted. a result, the highway trust fund is pro- budgetary vacuum with no other prior- Third, Senators should be careful jected to run a big surplus in the fu- ities competing for the dollars they about the sequence of these decisions. I ture. And without even a blush, the would like to spend on highways. believe that many Senators have Senator from Texas says we are bound A week ago, the President of the signed on to the so-called Byrd-Gramm by a solemn commitment to prevent United States delivered his State of the amendment without fully under- that surplus. Pour it into highway Union Address. Perhaps the most mem- standing all the subtleties. It does au- spending whether it is needed or not— orable line in that speech was his call thorize massive amounts of additional tax and spend. Never was there a more to use any future budget surpluses for spending, but it also restructures who open and shut case of the ‘‘tax and has first claim to the funds that are ac- ‘‘Social Security First.’’ spend’’ fever. If there is a surplus—and at this The clamor we have heard over the tually appropriated. point everybody should keep in mind it past few days to do ISTEA now is all The Byrd-Gramm amendment in- is a projected surplus; the dollars have about spending the surplus. And who is creases the share of the pie going to 13 not actually come in yet—the Presi- going to be first at the trough? It is not Appalachian Regional Commission dent said Congress should not spend about dereliction of duty. Senators States and to a trade corridor program the money and Congress should not cut who voted four times to block the bill that would benefit a few States, such taxes; rather, we should use the surplus just a few weeks ago are in no position as Texas. Their portion of the pie gets to shore up the Social Security system now to suggest that the Senate is bigger. But if the pie itself does not so that it can go on meeting the retire- shirking its duty. grow because there is no room in the ment needs of all Americans well into And it is not about when this bill will budget for larger appropriations, the the next century. ultimately be concluded. I wish it were net effect will be that all the other Those Senators who are calling for done already. It is a burden, as any- States will go down. In other words, action on the highway bill now are not body knows. No one knows better than they are locked in at this increased exactly in the President’s camp when some of the Senators on the floor today amount for the Appalachian Regional it comes to Social Security first. They what it is like to manage a com- Commission States and this corridor might be called the ‘‘Highway First″ plicated, contentious piece of legisla- dealing with the so-called NAFTA de- crowd. They want the Senate to take tion such as the surface transportation mands. That is locked in under the pro- up the highway bill so that they can legislation. posal that they have. And if we do not put a big proportion of the potential I wish that we could have accelerated increase the overall spending, then surplus into more highway spending the schedule by acting here in the Sen- theirs stays up there and it comes out before anybody else, including Social ate today. Unfortunately, we are not in of the portion allocated to all the other Security, can lay claim to that pro- control of the calendar. The House has States. jected budget surplus. decided, as I said before, to wait until A Senator voting for Byrd-Gramm ‘‘Highways First,’’ that is their the budget resolution has been com- now because he or she wants to in- motto. I must say, I find their argu- pleted. crease highway spending authorization ments astonishing, especially when What these Senators really want for could actually cause his or her State to they are expressed by the Senator from the Senate is to vote on their amend- lose highway dollars if subsequent

VerDate Mar 15 2010 00:33 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\1998SENATE\S05FE8.REC S05FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S424 CONGRESSIONAL RECORD — SENATE February 5, 1998 budget decisions do not provide for in- has been all along. He was against it be delayed. This story can be told all creased highway appropriations. So I when the bill was up last fall. That is over this country. Senator, you will urge everyone to be cautious on this a given. There is no surprise in that. hear it. You will hear it. I say that matter. But, Mr. President, the promise was with the utmost respect. The Senator All these considerations have per- made to bring up the highway bill. from Rhode Island is going to hear it. suaded me that the wisest course is the Now, I have been around this Senate Mr. President, do I have any time one that Senator DOMENICI, chairman a long time, and this is the first time left? of the Budget Committee, has urged. I have heard that the House controls The PRESIDING OFFICER. The time Let’s make the spending decisions in the Senate calendar. I don’t believe of the Senator has expired. the context of the entire budget. I’m that, and I have reason to believe that Mr. BYRD. I thank the distinguished ready to go with ISTEA II now. I am if the Senate will act, the House might Senator. more committed to getting ISTEA change its mind. Why should the House The PRESIDING OFFICER. The Sen- done than any other Member of this control the calendar here? The high- ator from Rhode Island has 5 minutes. body. I want it completed, but I am way needs are out there. The Senator Mr. BYRD. He is my friend and I re- willing to stand down for the time knows that. They exist in his own spect him highly, always have and will being because I believe the Senate will State. They exist in my State. They continue to do so. make better public policy if it con- exist in every State in this country. Mr. CHAFEE. Mr. President, I want siders highway spending in the context The highway departments and the to say there is nobody I enjoy dueling of the entire budget rather than in the Governors and the mayors don’t know with more on this floor than the Sen- vacuum of these early days of the ses- how to plan their budgets for this year ator from West Virginia. We have been sion, as the highways first group has because they don’t know what Federal against each other on some rare issues. been urging. resources they can count on and they We have been together on many issues. I thank the Chair. can’t do long-term planning. When we Mr. BYRD. I like it much better Mr. BYRD. Well, Mr. President, at talk about highways, those plans have when we are together. last we have smoked him out. I have to be long term. Mr. CHAFEE. As I listened to what been speaking on this floor urging that I say to the Senator, why not have a he said, Mr. President, it brought to the leadership bring up the highway bill up now? Let’s debate it, but let’s mind that old song, ‘‘Will you love me bill. So we are having a good debate debate while we are on the bill. That is in November as you did in June?’’ And today. That is what we have been need- the promise that was made. I didn’t I say to the Senator, why didn’t he love ing all along. The debate is just start- make that promise. I’m not attacking this bill in October as he does in Feb- ing. any Senator personally. I am urging ruary? Mr. BYRD. Mr. President, I loved it. I’m glad that my friend has come out the Senate leadership to take up the I loved it then. of the bushes. Let’s debate this matter, bill. Why not have the bill before the Mr. CHAFEE. We had not one, we had but let’s debate it with the bill before Senate? Now, if we take up the bill, the not two, we had not three, we had four the Senate. House will surely move, I would think. The pressure will be on them. We can’t votes, Mr. President—— Mr. CHAFEE. Could I ask the Sen- Mr. BYRD. Mr. President, I loved it. ator a question? base our actions on what the House Mr. CHAFEE. To try to move this Mr. BYRD. Without it being charged might do. bill that the Senator from West Vir- The House schedule doesn’t change as my time. ginia is embracing now. Mr. CHAFEE. How did the Senator the May 1 deadline, Senator. The May His arms are around ISTEA II—— vote on the cloture motion when we 1 deadline is only 45 days away, and the Mr. BYRD. Tell me now. tried to move to this bill in October, House schedule won’t change that. Mr. CHAFEE. With affection. Where late September, October? That is approaching. Every day that we was he when we needed him? Mr. BYRD. Mr. President, the Sen- waste here, sitting on our hands talk- Mr. BYRD. I wanted to offer my ator thinks he has me over a barrel. I ing about other matters, some of which amendment, but the amendment tree voted against cloture. I make no bones are important, some of which are not— was filled. about that. I pointed out just the other day that Mr. CHAFEE. And we have those But why finger point at that bill? we wasted over 3 hours in one day in votes, and I looked; where is a vote—we Finger pointing isn’t going to resolve recesses and in quorum calls. We could are voting aye. the problems that are going to con- be debating this bill, my friend. I hope Mr. BYRD. I didn’t see the Senator front our highway departments and our that the Senator will join us in urging looking for me. Governors and our mayors throughout the leadership to bring this bill up. I Mr. CHAFEE. I sought him, but I this country. That is not going to do would like to hear the Senator on the couldn’t find him—— any good, Senator. floor every day. I would like to hear his The PRESIDING OFFICER. We will Yes, I voted against cloture. I would voice rising, up sometimes, up and have order. like to see a campaign finance reform down. I hope he will join us because I Mr. CHAFEE. And I went away dis- bill, but I would also like to see a high- would like to be here with him. I would tressed. way bill. So forget what happened back like to be debating the highway bill. So now we will have an opportunity there on cloture. We have had a series of broken prom- in this bill, as the majority leader has Lot’s wife looked back and she ises. Congress acted to shift the 4.3- made it clear the way we will proceed, turned to salt. Let’s don’t look back. cent gas tax to the highway trust and I look forward, as we get into this, Let’s keep our promise, the promise funds. The people have been told, re- that he will support a bill that will ac- that was made to bring up this high- gardless of what the Senator says, the complish the goals of the Nation in the way bill. I didn’t make that promise. people have the understanding that context of all the other demands that The leadership of the Senate made that that money is going to be spent on sur- are placed upon the budget of the promise. face transportation programs. So we United States. This is not a partisan matter, Mr. promised that, and then we promised I will conclude by stressing once President. Republicans and Democrats to take up the highway bill. What again that we have an increase in this buy gas at the gas station. Republicans about the highway needs? How can we bill this year, ISTEA II, over the past, and Democrats pay a gas tax. Repub- ignore those needs when we have huge, of 20 percent when the other discre- licans and Democrats use the highways unspent balances in the trust fund? tionary accounts are frozen. In other of this country and the transit sys- Mr. President, I just called my high- words, the nondefense items and the tems. Republicans and Democrats are way department this morning, and ac- nonentitlement items are all frozen— injured and die when safety conditions cording to the West Virginia State whether you are talking Head Start, get to the point where accidents occur. Highway Commissioner, if ISTEA is school lunches, the school programs, So this is not a partisan matter. postponed beyond the May 1 date, 75 the health programs; they are frozen— I know that the Senator from Rhode highway projects, including about 20 and we get a 20 percent increase, which Island is against that amendment. He bridges in West Virginia, will have to is pretty good, for this program.

VerDate Mar 15 2010 00:33 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\1998SENATE\S05FE8.REC S05FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 5, 1998 CONGRESSIONAL RECORD — SENATE S425 I thank the Chair. hours. No hearings have been held on viously existing human being (cloning). The Mr. BOND addressed the Chair. either bill, no floor debate has been bill goes beyond the issue of cloning to make The PRESIDING OFFICER. The Sen- held on either bill. The medical com- it a crime to use somatic cell nuclear trans- ator from Missouri. munity, the research community, pa- fer of a nucleus derived from normal sexual union of an egg and sperm, which is obvi- Mr. BYRD. Will the Senator from tients with currently incurable dis- ously not cloning. It would also make it a Missouri yield? eases whose cure we might affect by crime to conduct some research seeking to Mr. BOND. For a brief comment? both of these bills have barely read the generate stem cells to treat a wide range of Mr. BYRD. For a brief comment. bills, much less analyzed them. deadly and disabling diseases, treatments Mr. BOND. I am happy to yield. As a matter of fact, the letters are which have nothing whatever to do with Mr. BYRD. I want to thank the dis- now beginning to pour in. I ask unani- human cloning.1 tinguished Senator from Missouri for mous consent to have printed in the The third bill, introduced by Senator Fein- stein, S. 1602, would impose heavy civil fines his patience in listening to this discus- RECORD a 9-page statement of the Bio- sion that has been going on. He is for any entity that would ‘‘implant or at- technology Industry Organization re- tempt to implant the product of somatic cell going to manage a bill, but he has been garding legislation introduced to ban nuclear transfer into a woman’s uterus . . .’’ very patient, and I think we imposed human cloning and a letter to Senator This sharply focuses the bill on an attempt on him. I just wanted to apologize and MACK from the American Association to clone a human being and would not im- thank him. for Cancer Research. peril biomedical research. Mr. CHAFEE. I also thank the distin- There being no objection, the mate- IMPACT OF BILLS ON STEM CELL RESEARCH guished Senator from Missouri because rial was ordered to be printed in the The current bill introduced by Senator he let us proceed. He was to go at 11:30. RECORD, as follows: Bond would, because it goes well beyond the We thank him very much for his time. STATEMENT OF THE BIOTECHNOLOGY INDUSTRY issue of human cloning, imperil promising The PRESIDING OFFICER. The Sen- ORGANIZATION REGARDING LEGISLATION IN- biomedical research, including research to generate stem cells. Instead of focusing on ator from Missouri. TRODUCED TO BAN HUMAN CLONING Mr. BOND. Mr. President, I have to cloning, it makes it a crime to zygote or em- The Biotechnology Industry Organization bryo through the use of a new technology, say that it is very enlightening to lis- (BIO) believes that it is both unsafe and un- somatic cell nuclear transfer, even if the use ten to my two distinguished colleagues ethical to even attempt to clone a human of this technology is essential for the genera- debate this very important matter. being. BIO strongly supported the review of tion of stem cells to treat disease and where Were it not for the schedule of the Sen- this issue by the National Bioethics Advi- there is no intention or attempts through ate, I far prefer to be enlightened and sory Commission (NBAC) and the morato- use of this technology to clone a human rium on cloning imposed by President Clin- edified by these two great leaders of being. Basically the current bill would make ton. We believe that the FDA has clear au- it a crime to conduct research if it could pos- our time. Unfortunately, I believe the thority and jurisdiction and will, as they time has come for us to move on with sibly be related to the cloning of a human have stated, prohibit any attempt to clone a being even if it is not, in fact, conducted for other business. human being. that purpose. f BIO is concerned about the scope and im- This approach in S. 1599 goes beyond the pact of legislation introduced to make it a HUMAN CLONING PROHIBITION issue of human cloning and would outlaw crime with a ten year prison sentence to con- some research to create stem cells, including ACT—MOTION TO PROCEED duct biomedical research which may or may stem cells for the following types of treat- Mr. BOND. Mr. President, I ask unan- not have any relevance to the cloning of a ments: cardiac muscle cells to treat heart at- human being. We are very concerned about imous consent that the Senate now tack victims and degenerative heart disease; the rushed process to pass legislation on this skin cells to treat burn victims; spinal cord turn to the consideration of Calendar complex subject and the possibilities for un- No. 304, S. 1601, regarding human neuron cells for treatment of spinal cord intended consequences. The scientific and trauma and paralysis; neural cells for treat- cloning. legal issues with respect to any legislation ing those suffering from neurodegenerative The PRESIDING OFFICER. Is there regarding biomedical research are exceed- diseases; pancreas cells to treat diabetes; objection? ingly technical, and a hastily drafted bill blood cells to treat cancer anemia, and Mrs. FEINSTEIN. I object. could advertently and inadvertently damage immunodeficiencies; neural cells to treat The PRESIDING OFFICER. Objec- biomedical research on deadly and disabling Parkinson’s, Huntington’s and Amyotrophic diseases. tion is heard. Lateral Sclerosis (ALS); cells for use in ge- The Senate needs to adhere to the standard netic therapy to treat 5,000 genetic diseases, Mr. BOND. In light of the objection for doctors, ‘‘first, do no harm.’’ Biomedical from the other side of the aisle, I now including Cystic Fibrosis, Tay-Sachs Dis- research into deadly and disabling diseases is ease, schizophrenia, depression, and other move to proceed to S. 1601. far too important to rush to enact legisla- diseases; blood vessel endothelial cells for The PRESIDING OFFICER. Is there tion which would unequivocally undermine treating atherosclerosis; liver cells for liver debate on the motion? promising research and therapies. The Sen- diseases including hepatitis and cirrhosis; Mrs. FEINSTEIN. Mr. President, I ate should be extremely cautious before it cartilage cells for treating of osteoarthritis; wish to debate the motion. starts sending scientists to jail when the bone cells for treatment of osteoporosis; purpose of their research meets the highest The PRESIDING OFFICER. The Sen- myoblast cells for the treatment of Muscular moral and ethical standards and holds such Dystrophy; respiratory epithelial cells for ator from California may proceed. promise for relieving human suffering. Mrs. FEINSTEIN. Mr. President, this the treatment of Cystic Fibrosis and lung ANALYSIS OF PENDING BILLS AND THE SCIENCE is a rush to judgment on one of the cancer; adrenal cortex cells for the treat- AT RISK ment of Addison’s disease; retinal pigment most fundamental issues of the 20th Several bills have been introduced in the epithelial cells for age-related macular de- century. Mr. President, this is not re- Senate regarding human cloning. They vary generation; modified cells for treatment of naming National Airport Ronald widely in focus and precision. The three prin- various genetic diseases; and other cells for Reagan Airport. cipal bills are S. 368, S. 1599, and S. 1602 and use in the diagnosis, treatment and preven- Mr. President, I submit respectfully we have analyzed each of them here. tion of other deadly or disabling diseases or to the distinguished Senators on the The first bill introduced by Senator Bond other medical conditions. other side of the aisle that this is a last year, S. 368, is one of the better drafted To be precise, the current bill introduced by Senator Bond, S. 1599, would make it a major debate that has scientific impli- bills introduced in either body. It uses rea- sonably accurate terms to describe the appli- crime to generate stem cells, for the above cations, moral implications and ethical cable science and limits Federal funding for uses, where somatic cell nuclear transfer implications. It is a debate, also, that the cloning of a human being. technology is used. It would not ban stem involves one of the most difficult areas The new bill introduced by Senator Bond, cell research where the stem cell is gen- of science involving human genetics, S. 1599, would impose a ten year prison sen- erated without the use of somatic cell nu- with a vocabulary and a lexicon that is tence for any individual for the act of ‘‘pro- clear transfer. It is not possible to say how not understood by the great bulk of the ducing an embryo (including a much of this promising research will or American people and certainly not by preimplantation embryo)’’ through the use might involve the use of somatic cell nuclear transfer. As described below, the bill would many of us in the U.S. Senate. of a specified technology, ‘‘somatic cell nu- clear transfer,’’ even if the production of clearly ban the generation of any stem cells Both the Bond-Frist bill and the such an embryo is for purposes unrelated to Feinstein-Kennedy bill dealing with the cloning of a human being and even if the 1 An identical bill has been introduced by Senator the subject of human cloning were in- embryo does not contain nuclear DNA which Lott as S. 1601 and this may be the bill which is troduced less than 48 hours ago—48 is identical to that of an existing or pre- called up for the Senate debate.

VerDate Mar 15 2010 00:33 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\1998SENATE\S05FE8.REC S05FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S426 CONGRESSIONAL RECORD — SENATE February 5, 1998 ‘‘customized’’ to an individual where somatic the term ‘‘somatic cell.’’ We need a brief to the Feinstein bill, which is narrowly fo- cell nuclear transfer must be used. glossary of terms to define what constitutes cuses on the act of cloning, or attempting to This stem cell technology is exciting and a ‘‘somatic cell.’’ clone an individual. potentially revolutionary. Scientists are de- ‘‘Zygote’’ means a single celled egg with PROTECTING BIOMEDICAL RESEARCH veloping a new approach for treating human two sets (a diploid set) of chromosomes as The current Bond bill and the Feinstein diseases that doesn’t depend on drugs like normally derived by fertilization; bill both contain clauses for the protection antibiotics, but on living cells that can dif- ‘‘Egg’’ and ‘‘oocyte’’ mean the female ga- of biomedical research. There is a critical ferentiate into blood, skin, heart, or brain mete; difference between them. cells and can potentially treat various can- ‘‘Gamete’’ means a mature male or female At the press conference announcing intro- cers, spinal cord injuries, and heart disease. reproductive cell with one set (a haploid) set duction of his bill Senator Bond distributed For example, this stem cell research has the of chromosomes; a document entitled ‘‘Current Research Un- potential to develop and improve cancer ‘‘Sperm’’ means the male gamete; touched by the Bond/Frist/Gregg Legisla- treatments by gaining a more complete un- ‘‘Somatic cell’’ means a cell of the body, tion.’’ The title of this document was fol- derstanding of cell division and growth and other than a cell that is a gamete, having lowed by a list of such research, including the process of metastasis. This could also two sets (a diploid set) of chromosomes. ‘‘In Vitro Fertilization,’’ ‘‘Stem Cell Re- lead to a variety of cancer treatment ad- So a ‘‘somatic cell’’ is any cell of the body search,’’ ‘‘Gene Therapy,’’ ‘‘Cloning of Cells, vances. other than a gamete, and it includes a fer- Tissues, Animals and Plants,’’ ‘‘Cancer,’’ The type of cells that make up most of the tilized egg. This means that the current ‘‘Diabetes,’’ ‘‘Birth Defects,’’ ‘‘Arthritis,’’ human body are differentiated, meaning that Bond bill would make it a crime to use so- ‘‘Organ Failure,’’ ‘‘Genetic Disease,’’ ‘‘Severe they have already achieved some sort of spe- matic cell nuclear transfer even in cases Skin Burns,’’ ‘‘Multiple Sclerosis,’’ ‘‘Mus- cialized function such as blood, skin, heart where the somatic cell contains a nucleus de- cular Dystrophy,’’ ‘‘Spinal Cord Injuries,’’ or brain cells. The precursor cells that led to rived from sexual reproduction, which is ob- ‘‘Alzheimer’s Disease,’’ ‘‘Parkinson’s Dis- differentiated cells come from an embryo. viously not cloning. This means that even ease, and ‘‘Lou Gehrig’s Disease’’. Unfortu- The cells are called stem cells because func- though the nucleus is not a clone, the cur- nately, the title is followed by a critical tions stem from them like the growth of a rent Bond bill makes it a Federal crime to qualification, an asterisk. The asterisk qual- plant. Stem cells have the capacity for self- create it. This means that the current Bond ification states, ‘‘The current Bond bill renewal, meaning that they can reproduce bill goes beyond the issue of cloning. would not prohibit any of this research, even more of themselves, and differentiation, Because of this coverage of all ‘‘somatic embryo research, as long as it did not in- meaning that they can specialize into a vari- cells’’ the current Bond bill would make it a volve the use of a very specific technique (so- ety of cell types with different functions. In crime for doctors to use a currently effective matic cell nuclear transfer) to create a live the last decade, scientists studying mice and treatment for mitochondrial disease. In this cloned human embryo.’’ other laboratory animals have discovered treatment women who have the disease have In the ways described above this asterisk new powerful approaches involving cultured an extreme and tragic form of infertility. qualification acknowledges that the bill stem cells. Studies of these cells obtained The disease is a disease of the mitochondria, would, in fact, make it a crime to conduct from a mouse’s stem cells show they are ca- which is an essential element of any egg. The some types of stem cell research and other pable of differentiating, in vitro or in vivo treatment for this disease involves the use of research. Given the importance of the aster- into a wide variety of specialized cell types. a fertilized nucleus which is transferred isk, the document’s title the list of sup- Stem cells have been derived by culturing through the use of somatic cell nuclear posedly protected research could be consid- cells of non-human primates. Promising ef- transfer to an egg from which the nucleus ered misleading. The document should more forts to obtain human stem cells have also has been removed. The new egg is a fresh, accurately have been entitled ‘‘Only Some recently been reported. undiseased egg. The current Bond bill would Research Regarding the Following Diseases Stem cell research has been hailed as the make a crime to provide this treatment even is Outlawed.’’ ‘‘[most] tantalizing of all’’ research in this though the nucleus which is transferred is The current Bond bill contains a Section 5 field, because adults do not have many stem the product of fertilization, no cloning. entitled ‘‘Unrestricted Scientific Research.’’ This section provides that ‘‘Nothing in this cells. Most adult cells are fully differen- CUSTOMIZED STEM CELLS tiated into their proper functions. When dif- Act (or an amendment made by this Act If the current Bond bill was limited to shall be construed to restrict areas of sci- ferentiated cells are damaged, such as dam- sometic cells with nuclear DNA identical to age to cardiac muscle from a heart attack, entific research that are not specifically pro- that of an existing or previously existing hibited by this Act (or amendments).’’ This the adult cells do not have the ability to re- human being, i.e., to a cloned nucleus, it generate. If stem cells could be derived from provision is circular. It states that the bill would make it a Federal crime to conduct does what it does and does not do what it human sources and induced to differentiate one especially promising type of stem cell does not do. The provision does nothing to in vitro, they could potentially be used for research, into generating ‘‘customized’’ stem modify the prohibitions on research and does transplantation and tissue repair. cells. nothing to protect ‘‘scientific research.’’ Using heart attacks as an example, we A researcher or doctor might want to cre- In contrast the Feinstein bill includes a might be able to replace damaged cardiac ate a human zygote with DNA identical to provision regarding ‘‘Protected Research and cells, with healthy stem cells, that could dif- that of an existing or previously existing Practices’’ which provides that ‘‘Nothing in ferentiate into cardiac muscle. Research person through the use of somatic cell nu- this section shall be construed to restrict using these stem cells could lead to the de- clear transfer, the act prohibited in the bill, areas of biomedical and agriculture research velopment of ‘‘universal donor cells,’’ and in order to create a customized stem cell line or practices not expressly prohibited in this could be an invaluable benefit to patients. to treat the individual from whom the DNA section, including research or practices that Stem cell therapy could also make it pos- was extracted. By using the same DNA, the involve the use of—(1) somatic cell nuclear sible to store tissue reserves that would give stem cell therapy would more likely to com- transfer or other cloning technologies to health care providers a new and virtually patible with, and not be rejected by, the per- clone molecules, DNA, cells, and tissues; (2) endless supply of the cells listed above. The son for whom the therapy is created. By mitochondrial, cytoplasmic or gene therapy; use of stem cells to create these therapies starting with the patient’s own nuclear DNA, or (3) somatic cell nuclear transfer tech- would lead to great medical advances. We the therapy is, in effect, custom made for niques to create nonhuman animals.’’ This is have to be sure that this legislation con- that person. It is like taking the patients a ‘‘savings’’ clause with meaning and con- cerning human cloning would not in any way blood prior to surgery so that it can be in- tent. Its reference to the cloning of ‘‘cells’’ obstruct this vital research. fused into the patient during surgery (avoid- and to ‘‘mitrochondrial’’ therapy are lauda- BOND BILL APPLICATION TO NON-IDENTICAL ing the possibility of contamination by the tory and meaningful. NUCLEUS use of blood of another person). NBAC RECOMMENDATION AND CLINTON The purpose of a bill to ban human cloning Because the current Bond bill makes it a ADMINISTRATION BILL is supposedly to ban the cloning of an indi- crime to use the technology—somatic cell The National Bioethics Advisory Commis- vidual and the essence of this is the duplica- nuclear transfer—it would make it a crime sion (NBAC) cautioned that poorly crafted tion of the DNA of one individual in another. to develop a therapy with the equivalent of legislation to ban human cloning may put at The term ‘‘somatic cell,’’ however, is not the patient’s personal monogram on it a cus- risk biomedical research on the following limited in the current Bond bill to somatic tomized treatment based on their own nu- types of diseases and conditions: ‘‘Regenera- cells with DNA which is the same as that of clear DNA. tion and repair of diseased or damaged an existing or previously existing human Because the bill introduced by Senator human tissues and organs’’ (NBAC report at being. If it is not limited to cases where the Feinstein requires the implantation of an 29); ‘‘assisted reproduction’’ (NBAC report at DNA is identical, human cloning is—by defi- embryo, it does not curtail stem cell re- 29); ‘‘leukemia, liver failure, heart and kid- nition—not involved. search, and the bill provides that the trans- ney disease’’ (NBAC report at 30); and ‘‘bone The current Bond bill goes beyond cloning fer nucleus must be that of an ‘‘existing or marrow stem cells, liver cells, or pancreatic because it does not define the term ‘‘somatic previously existing human child or adult,’’ beta-cells (which product insulin) for trans- cell’’ or limit to cases where the DNA is precisely the limitation not present in the plantation’’ (NBAC report at 30). The Clinton identical. It only defines the term ‘‘somatic current Bond bill. None of the issues we have Administration proposed law, like the Fein- cell nuclear transfer,’’ but it does not define raised regarding the current Bond bill apply stein bill, avoids the peril identified by

VerDate Mar 15 2010 00:33 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\1998SENATE\S05FE8.REC S05FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 5, 1998 CONGRESSIONAL RECORD — SENATE S427 NBAC and focuses only on the issue of 20 years, has opened up tremendous opportu- MACK urges that there be a 45-day human cloning and does not imperil bio- nities to make progress against many dev- delay in enacting any legislation until medical research. astating diseases. The scientific community definitions and implications of legisla- SUNSET AND PREEMPTION does not desire to make human beings, or modify or genetically mark any portion of tion can be determined in a more rea- NBAC proposed that any law include both sonable and thoughtful manner and in sunset review and preemption provisions. our population. However, to deny the appli- Regarding a sunset review provision, NBAC cation of molecular biology, made possible an open and public process. They are stated in its report: ‘‘It is notoriously dif- through the use of cloning technologies, to calling for reason, they are calling for ficult to draft legislation at any particular patients who could be benefited would be a thoughtful deliberation, they are call- moment that can serve to both exploit and great injustice. ing for a public process. Who can deny govern the rapid and unpredictable advances A litany of beneficial applications of that on a very complicated subject? of science. Some mechanism, therefore, such cloning technology was enumerated in this weeks TIME Magazine. Several of these ap- The Whitehead Institute—and spe- as a sunset provision, is absolutely needed to cifically Gerald R. Fink, a Director of ensure an opportunity to re-examine any plications are at the core of cutting-edge judgment made today about the implications cancer research, and there are many more the American Cancer Society, Pro- of somatic cell nuclear transfer cloning of potential benefits that are unknown at this fessor of Genetics—in his letter talks human beings. As scientific information ac- time. These applications, as well as any fu- about the limited ability to develop cumulates and public discussion continues, a ture progress, would be eliminated by broad cell-based strategies, which will take new judgment may develop and we, as a soci- legislation setting back progress and poten- place if the Bond-Frist bill is tial in our conquest to develop effective ap- ety, need to retain the flexibility to adjust ramrodded through this body. our course in this manner. A sunset provi- proaches to the prevention, detection, and sion . . . ensures that the question of cloning treatment of cancer. The American Society for Reproduc- will be revisited by the legislature in the fu- The American Association for Cancer Re- tive Medicine has written a letter urg- ture, when scientific and medical questions search (AACR), with over 14,000 members, is ing this body to vote no on the Bond- have been clarified, possible uses have been the largest professional organization of basic Frist legislation. identified, and public discussion of the deep- and clinical cancer researchers in the world. The American Psychological Associa- er moral concerns about this practice have Founded in 1907, its mission is to prevent, tion has written to us urging that we matured.’’ NBAC report at 101. treat, and cure cancer through research, sci- President Clinton has proposed a five year entific programs, and education. To accom- delay, that there be discussion and de- sunset in his bill. The Feinstein bill includes plish these important goals it is essential bate, and they point out that we need a ten year sunset and the current Bond bill that scientists vigorously pursue all prom- to protect research efforts in this area. includes no sunset review. ising lines of investigations against cancer. The American Association for the BIO supports inclusion of a sunset review The AACR feels strongly that an ethical Advancement of Science has said that provision, but the most important issue is and just compromise can be reached that they are deeply concerned about the whether the terms of the prohibition in any will protect the public and the scientific ethical and scientific issues. They warn law focuses only on the issue of human community from the irresponsible applica- cloning. A sunset review provision will not tion of cloning technology while permitting us: ‘‘Use great caution in moving with undo the damaged which a poorly crafted, meaningful and ethical research to move for- this legislation.’’ over broad law would do to biomedical re- ward. The medical and cancer research com- Even the College of Veterinary Medi- search prior to the sunset date. munity feels that the present rush to enact cine from the University of Missouri, The Feinstein bill, but not the current legislation without proper consideration or Colombia, has written to this body urg- Bond bill, includes a clause which preempts deliberation is a serious mistake, and the un- inconsistent state laws. NBAC strongly sup- ing caution. fortunate result would be irresponsible legis- The University of California at San ported a preemption of state laws: ‘‘The ad- lation. vantage to federal legislation—as opposed to As scientists we clearly see the tremen- Francisco, Roger A. Pederson, Pro- state-by-state laws—lies primarily in its dous advantages of cloning technology as fessor and Research Director of the Re- comprehensive coverage and clarity. . . . Be- well as its potential problems, which we, productive Unit of the Department of sides ensuring interstate uniformity, a fed- also, have reason to fear if it is applied in an OB/GYN and Reproductive Science, has eral law would relieve the need to rely on the unreasonable manner. written to this body urging caution cooperation of diverse medical and scientific The AACR, therefore, appeals to all Mem- societies, or the actions of diverse IRBs, to and restraint as well. bers of Congress to establish and honor a I ask unanimous consent that these achieve the policy objective. As an addi- moratorium of at least 45 days on enacting tional benefit, federal legislation could dis- any legislation until definitions and implica- letters be printed in the RECORD. place the varied state legislative efforts now tions of legislation can be determined in a There being no objection, the letters ongoing, some of which suffer from ambig- more reasonable and thoughtful manner, and were ordered to be printed in the uous drafting that could inadvertently pro- in an open and public process. This would be RECORD, as follows: hibit the important cellular and molecular a service to humanity, science, and millions cloning research described . . . in this re- AMERICAN SOCIETY FOR of individuals who are now suffering, or will port.’’ NBAC report at 100. REPRODUCTIVE MEDICINE, Numerous bills introduced in state legisla- suffer in the future, from catastrophic and Birmingham, AL, February 5, 1998. tures, some of which are very poorly crafted crippling diseases such as cancer. We appeal DEAR SENATOR KENNEDY: The American and over broad. to all members of Congress to give this im- Society for Reproductive Medicine (ASRM) BIO supports inclusion of a preemption portant moral and scientific issue very care- urges you not to allow the Bond Human clause. Again, the key issue is whether the ful consideration and deliberation. Clearly a Cloning Prohibition Act (S. 1601) to be prohibition in any law focuses only on the rush to judgment on this complex issue could brought to the floor for a vote today, and if issue of human cloning and does not imperil be a major setback for cancer and medical it is, to vote against it. biomedical research. A poorly drafted, over research. ASRM is very concerned that in the rush broad Federal law which preempts state laws Sincerely, to make human cloning illegal, Congress will might do even more damage. DONALD S. COFFEY, inadvertently outlaw very serious and prom- NBAC ROLE AND COMMISSION President. ising medical research that may uncover NBAC performed a public service with its Mrs. FEINSTEIN. Mr. President, the cures to some of the most deadly diseases. quick and thoughtful analysis of the human Biotechnology Industry Association Cloning is a highly technical area that can- cloning issue. The current Bond bill would analyzes both the Bond-Frist bill and not easily be understood and should not be set up an entirely new body to review the the Feinstein-Kennedy bill, which is a hastily legislated. human cloning issue rather than rerefer the Scientists engaged in legitimate medical second bill that addresses cloning. This research are not interested in cloning a issue back to NBAC for further review. interesting analysis, representing the NBAC is well qualified and positioned to per- human being. Since October, professional or- form this function and it may be wasteful entire biotechnology industry of the ganizations representing more than 64,000 and expensive to establish another body to United States, makes a very important scientists have announced their participa- perform this ongoing review. The Feinstein point, that whatever we do here im- tion in a voluntary five year moratorium on bill calls on NBAC to conduct the reviews. pacts on human research in a mul- human cloning. Efforts led by the scientific titude of different areas, and most par- community, rather than legislative prohibi- AMERICAN ASSOCIATION FOR ticularly it affects cancer research. Mr. tions, have worked before, and will work this time. CANCER RESEARCH, INC., President, I will comment on this Philadelphia, PA, February 4, 1998. When we first discovered how to duplicate Hon. CONNIE MACK, paper and also comment on a number DNA at any level, there were cries to outlaw U.S. Senate, Washington, DC. of other items. it. Luckily your predecessors did not take DEAR SENATOR MACK: Medical research, The American Association for Cancer that step, instead allowing the scientific conducted in the United States over the last Research’s letter to Senator CONNIE community’s voluntary moratorium to slow

VerDate Mar 15 2010 00:33 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\1998SENATE\S05FE8.REC S05FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S428 CONGRESSIONAL RECORD — SENATE February 5, 1998 research while we explored its implications. same time, however, we are also concerned entists and the lay public support, a ban on Today millions of Americans are alive that well-intentioned legislation in the area cloning human beings. It will not prohibit thanks to drugs made using recombinant of human cloning may inadvertently impede the legitimate use of somatic nuclear trans- DNA. vital research in agriculture, biotechnology, fer to oocytes to create replacement tissues, This bill prohibits not just the creation of pharmaceuticals, and genetics. and it places a time limit on the ban, which a human clone, but any attempt to under- We urge that congressional leaders use can be extended as public and scientific sen- stand how somatic cell nuclear transfer great caution in drafting legislation to ban timent dictates. could be used to improve our understanding human cloning. Congress should consult with and treatment of disease. leading researchers in genetics and other UNIVERSITY OF CALIFORNIA, We urge you and your colleagues to care- areas of the life sciences in crafting language SAN FRANCISCO, fully consider any human cloning legislation so that definitions of scientific and technical January 30, 1998. and to proceed through the proper legislative terms are well understood and the resulting Hon. Senator KENNEDY, channels so that a hastily drafted bill does laws do not impede important research that U.S. Senate, Washington, DC. not get passed, sentencing millions of Ameri- may use similar techniques but do not raise DEAR SENATOR KENNEDY, I am writing to cans to needless suffering. the same kinds of moral and ethical con- express my profound appreciation and sup- Sincerely, cerns. Such related research can yield great port for your efforts to preserve the opportu- J. BENJAMIN YOUNGER, M.D., benefits, for example, in increasing agricul- nities for continuing research in the United Executive Director. tural production, generating new products States on the earliest stages of human devel- through biotechnology, finding cures for ge- opment. I can provide you with the names AMERICAN PSYCHOLOGICAL ASSOCIATION, netic disorders, and reducing the costs of and histories of several patients in our expe- February 2, 1998. pharmaceuticals. It is essential that these rience who have benefited directly from Senator DIANNE FEINSTEIN and legitimate and socially-important areas of prior research and diagnostic procedures Senator EDWARD KENNEDY, research not be adversely affected by legisla- leading to healthy pregnancies and births. In Committee on Labor and Human Resources, tion aimed at restricting human cloning. addition, I can provide you with one or more U.S. Senate, Washington, DC. AAAS, founded in 1848, is the world’s larg- names of families whose health misfortunes DEAR SENATORS FEINSTEIN AND KENNEDY, I est multidisciplinary scientific association, could have been or could be avoided through write to support the proposed ‘‘Prohibition with 145,000 individual members and nearly research on early products of human concep- on Cloning of Human Beings Act of 1998’’ in- 300 affiliated scientific and engineering soci- tion. troduced by both of you. There appears to be eties. Our Committee on Scientific Freedom Please tell me if this additional informa- considerable confusion on this topic which and Responsibility has been a powerful voice tion will be of value to you. I applaud your apparently has resulted in an effort by some for ethics in science and, in collaboration efforts to achieve a responsible bill on the to restrict various areas of biomedical and with our Program of Dialogue Between subject of human cloning prohibition that agricultural research dealing with reproduc- Science and Religion, held a major public does not impede the benefits of basic and tion and embryo research. It is important to forum in Washington last June that explored clinical research for the American people. differentiate between human cloning and scientific, moral, ethical, and religious im- Sincerely yours, other types of research. My understanding plications of human cloning. We are eager to ROGER A. PEDERSEN, PH.D., also is that the FDA has indicated that they assist in promoting a responsible and con- Professor and Research Director, Reproduc- are the federal agency responsible for moni- structive dialogue between scientists, policy- tive Genetics Unit, Department of Obstet- toring any possible attempts at cloning re- makers, and the public in this area, and rics, Gynecology and Reproductive search. stand ready to assist you in any manner that Sciences. I do want to emphasize again that we need would be useful. Mr. BOND. Mr. President, may I in- to protect researchers efforts at research Sincerely, quire of the distinguished Senator from which does not include ‘‘the production of a RICHARD S. NICHOLSON. California how long she will be? We precise genetic copy of a molecule (including have not had an opportunity for an DNA), cell, tissue, organ, plant, animal or COLLEGE OF VETERINARY MEDICINE, human’’. opening statement. I would like to UNIVERSITY OF MISSOURI-COLUMBIA, know how long she proposes to proceed Let me also add that the American Psy- Columbia, MO, February 4, 1998. chological Association took the stand that it To: Ms. Adira Simon, Senator Kennedy’s Of- in opposition. is human behavior, in all its aspects which fice. Mrs. FEINSTEIN. I would like to re- should ultimately serve as the focus of sci- From: R. Michael Roberts, Curators’ Pro- spond to the distinguished Senator entific and bioethical inquiry, not simply fessor and Chair, Veterinary from Missouri. I think the Senator is the techniques which initiate the process. Pathobiology. right. I do have a very lengthy presen- After all, just think if nature had not beaten Subject: Feinstein/Kennedy (S1602) versus tation to make, and it is going to be us to the development of twins. Wouldn’t Bond (S1599). quite involved. I would be very happy there be a huge cry about how we ought not I am sending you a copy of my letter to to yield to him to make his opening to have identical twins because it would be Senator Bond, which addresses some of the unnatural to have two people so similar to same scientific issues raised in your com- statement if he would see that I have each other? parison. the floor regained directly following Thank you for permitting me to express I have read S1602 and believe that it would his statement. my viewpoints. I am sure they are shared by be well accepted by scientists, including Mr. BOND. Mr. President, I would be many scientists in this country. members of the Society for the Study of Re- happy to ask unanimous consent that Sincerely, production, and the Developmental Biolo- when my remarks are finished, the NORMAN ABELES, Ph.D, gists. What is important is criminalization Senator from California be recognized. Professor and Immediate Past President. of any intent to produce a baby and not to The PRESIDING OFFICER. Without ban a possibly desirable outcome of the tech- AMERICAN ASSOCIATION FOR THE objection, it is so ordered. nology, which is the generation of replace- The Senator from Missouri is recog- ADVANCEMENT OF SCIENCE, ment cells and tissues for an individual. The February 2, 1998. Feinstein/Kennedy Bill also creates a mora- nized. Hon. CHRISTOPHER S. BOND, torium rather than a difficult-to-reverse ban Mr. BOND. Mr. President, I thought U.S. Senate, Senate Russell Office Building, on cloning of human beings. Again, most sci- before we got into a full-fledged debate Washington, DC. entists would find this comforting. saying this is bad, perhaps my col- DEAR SENATOR BOND: The American Asso- I should point out that the term ‘‘somatic leagues would like to know what it is ciation for the Advancement of Science cell nuclear transfer technology’’ has much that we propose to do, speaking for the (AAAS) has followed with interest the devel- broader meaning than the way it is defined sponsors of this measure. It is obvi- opments of the past year related to cloning, in either bill. Nuclear transfer between so- ously one that is going to take some including current and proposed legislation matic cells is a common technique and has regarding the possible use of somatic cell nu- been used for decades. I would be happier if discussion and debate, and it’s very clear transfer to clone a human being. the wording of both bills made it clear that helpful to know some of the objections Throughout its 150-year history, AAAS has it is the transfer of a somatic cell nucleus to that are raised to it. Again, for the been a pioneer among American scientific an oocyte to create a human baby that is the sake of the RECORD, let me say what organizations in addressing the moral and issue. this is. ethical issues related to scientific develop- What I found contradictory about S1601 is This measure is a very carefully and ments. We are deeply concerned about the that it creates an elaborate commission to narrowly targeted provision that scientific and ethical issues raised by the report on cloning (and other issues), yet the places an outright ban on the use of so- possibility of cloning human beings and be- very technique that could allow future dis- lieve that a much more complete under- course will have been criminalized. matic cell nuclear transfer for human standing of these issues is essential before In summary, I judge the Feinstein/Kennedy cloning purposes. It defines one tech- such experiments are even considered. At the Bill likely to accomplish what most sci- nique, the technique that was used to

VerDate Mar 15 2010 00:33 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\1998SENATE\S05FE8.REC S05FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 5, 1998 CONGRESSIONAL RECORD — SENATE S429 create, by cloning, the sheep Dolly and provided for a commission to study the have met with and consulted with rep- says that you shall not do that for ethical implications of related tech- resentatives of the pharmaceutical in- human beings —quite simply. nologies. And I believe we have made it dustry, researchers, representatives of Why is this necessary? Why is it nec- clear that ongoing legitimate activity, patient groups, and we have told them essary that we move forward on this? short of this one specific process, what we are proposing to do, and we Well, frankly, recent reports show that cleaning out a human embryo and put- have listened to them discuss all of the a Chicago-based scientist is prepared to ting in a nuclear cell transfer, and implications. We know that in vitro move forward with human cloning ex- starting the process of differentiation fertilization, plant and animal cloning, perimentation. I think this forces an of the cell toward creating a test tube cloning of DNA cells and tissues, stem immediate debate on how far out on a baby is unacceptable. cell research, gene therapy research, moral cliff we are willing to let science The ethical implications of human and other activities taking place at the proceed before we as a nation insist on cloning are staggering. I believe that Human Genome Center offer great hope some meaningful constraints. We no we would have the overwhelming un- in addressing how to prevent, diagnose, longer have the luxury of waiting derstanding and support of the Amer- and treat many devastating diseases. around for this morally reprehensible ican people that we should never create These types of research will continue act to occur. human life for spare parts, as a replace- to thrive, that is clear, because we That scientist is proposing to raise ment for a child who has died, or for have targeted our ban so narrowly, and huge sums of money and promise infer- unnatural or selfish purposes. How we intend only to prohibit, by cloning, tile couples that he can clone human many embryos or babies would we tol- the creation of the human embryo. beings for them. The time for the de- erate being created with abnormalities This is a technique characterized by bate and action is now. If creating test before we perfect human cloning? It industry, researchers, theologians, tube babies by cloning a human em- took Dr. Wilmut, the Scottish sci- ethicists, and others, as fraught with bryo is morally, ethically, and prac- entist, 276 tries before creating Dolly, failures and lacking therapeutic value. tically wrong, as I strongly believe it and we still do not even know if Dolly This bill, however, does allow the im- is, we need to stop it now. To delay it, is the perfect sheep. For humans, those portant and promising research to con- to filibuster it, to postpone it means results are unacceptable—creating tre- tinue. I have long been a supporter of that not only this scientist and others mendously deformed human embryos biotechnology. I have supported bio- who, perhaps, are not holding news or human beings. Dr. Ian Wilmut, the technology efforts. I continue to sup- conferences, can go forward with a lead Scottish scientist who created port everything from human genome process that I believe the over- Dolly, himself stated that he can see mapping to all of the other human re- whelming majority of American people no scenario under which it would be search efforts. We have no problems believe is wrong, as I believe it is. To ethical to clone human life. And he is with and support cloning of animals. those who say we have not studied this right. But there is a bright line between or debated this, I only say that since In September of 1994, a Federal those activities and human cloning, we had this story about the cloning of human embryo research panel noted and we must draw that line. There is a Dolly the sheep, and stories of organi- that, ‘‘Allowing society to create ge- line, Mr. President, and that line is zations and individuals pursuing netically identical persons would de- clear. human cloning, they have kept the de- value human life by undermining the You can do all the research you want. bate alive. The American public is ask- individuality of human beings.’’ Fur- You can create organs, you can do all ing if similar techniques can be used to ther, the panel concluded that there kinds of experimentation. But you clone human beings, and they are con- are moral concerns about the delib- should not be able to create a human cerned very deeply whether something erate duplication of an individual ge- embryo by cloning, starting a test tube which was thought only to be science nome, and that making carbon copies baby. Now, there are some who say fiction is now closer to reality. of a human being is repugnant to mem- that it is all right so long as you don’t Now, there are some distinguished bers of the public. ‘‘Many members of implant that cloned human embryo, so books that oppose a prohibition on the panel share this view and see no long as you destroy it. Once you start human cloning. They suggest that we justification for Federal funding of the process of creating this test tube cannot put the genie back in the bottle such research.’’ baby, it is OK to destroy it. As a mat- and we cannot stop progress. I suggest I emphatically argue that those ter of fact, they would have us believe that we have come to the point where statements apply to private sector re- that we would start all these human our technological capability may be search as well. That is what we are try- embryos, start the cell differentiation, outrunning our moral sense. We have, ing to reach. It is important to note and then wipe them out. Well, I think in this body, carried a prohibition that the legislation is narrowly draft- that raises serious questions with against Federal funding of cloning ed, and its sole objective is to ban the many people, and I am included in human embryos. We have prohibited use of somatic cell nuclear transfer for that. But it also raise also the prospect the research and experimentation with human cloning purposes. We worked that once you start cloning these Federal funding because we thought it overtime to ensure that this language human embryos—they are very small was way down the line. We didn’t want was specific so that it would ban only —they can be transported very easily, to see money used. Last year, after the the technique used to create Dolly. picked up and taken from this country cloning of Dolly the sheep, we held This technique has also been criti- to someplace else in the world in large hearings; tremendous amounts of testi- cized by a representative of the phar- numbers, where there may be no ban mony were presented. I personally tes- maceutical industry, who in a prepared on implementation. The difficult tified before Senator FRIST’s sub- statement for Members of Congress, science is creating the human embryo. committee. This is not a new debate. dated January 13, 1998, stated: Once you do that, you have opened a The reason this debate is important, While conventional cloning technology has whole area. And to say we are just and the reason that action is impor- been used extensively worldwide to meet going to prevent them from being im- tant is that now we are faced with sci- global medical needs, nuclear transfer tech- planted so a baby is brought to term, entists of, I believe, questionable judg- nology is fraught with untold failures for that won’t get it because that is too ment, who would go forward with each partial success and has major scientific late. I have heard the arguments of something that is morally reprehen- and significant ethical issues associated with those who oppose this bill. And, quite it. Furthermore, it has no strong therapeutic sible. or economic-based need driving it at this frankly, let me tell you what those ar- This measure is targeted narrowly to time. The concept that it is a viable alter- guments are. one specific process that was used to native to infertile parents is cruel and com- They are that some scientists would clone the sheep Dolly. It is the somatic pletely unjustified. I would challenge you like to be able to create human em- cell nuclear transfer to create a human not to confuse the two as the Congress con- bryos, play with them, and experiment embryo. In addition to prohibiting siders its options here. with them, experiment with a human that, we have, at the urging of my dis- Well, Mr. President, myself, Senator embryo that is differentiating and tinguished cosponsor, Senator FRIST, FRIST, Senator GREGG, and others, starting to grow, and say, ‘‘OK. Time is

VerDate Mar 15 2010 00:33 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\1998SENATE\S05FE8.REC S05FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S430 CONGRESSIONAL RECORD — SENATE February 5, 1998 up. We will toss this one away and we ess, who may as we speak be engaged in will not understand fully what that bill will start playing with another one.’’ that process. will do. That is why the medical and Once you get into that process, Mr. We have debated whether cloning of the scientific research community President, you have stepped over the human embryos is a good idea. I think have asked us to proceed with caution. moral and ethical line. There is a clear there is a clear consensus. We have Let’s say that you don’t believe me. line. There is a very clear line. drafted a narrow bill, a targeted one Would you believe the Biotechnology We are ready to have the argument that I hope we can move forward to Industry Association representing the because I believe a significant majority enact. There is a lot of smoke and mir- entire biotechnology community? Let of the Members of this body reflect a rors, and there are a lot of discussions me quote from page 4 of their 9-page significant, overwhelming view of the about a whole range of other options. statement to us. American people that that is unaccept- These are very technical. That is why The current Bond bill goes beyond cloning able. There may be well-intentioned we set up a commission to review all of because it does not define the term ‘‘somatic scientists who say we need to play with these things. What we are targeting cell’’ or limit to cases where the DNA is human embryos and start these em- identical. It only defines the term ‘‘somatic right now is the one procedure that has cell nuclear transfer,’’ but it does not define bryos growing and let us play with been used with sheep, and could be the term ‘‘somatic cell.’’ We need a brief them. They may get something. They used, if it is not stopped, to start cre- glossary of terms to define what constitutes may develop some scientific knowl- ating human embryos. For those people a ‘‘somatic cell.’’ edge. But the statements I have al- who want to create human embryos for ‘‘Zygote’’ means a single celled egg with ready presented show that there is no research purposes and destroy them or two sets (a diploid set) of chromosomes as really legitimate, scientific need, and, implant them, I say you are going normally derived by fertilization; in fact, there are grave moral and eth- across the line. I don’t care what your ‘‘Egg’’ and ‘‘oocyte’’ mean the female game´te; ical reasons not to. I strongly hold the motives are. I don’t care whether it is ‘‘Gamete’’ means a mature male or female belief that all human beings are unique profitable. I don’t care what you think reproductive cell with one set (a haploid) set and created by God. And I think bil- might come out of it. At this point we of chromosomes; lions of people around the world share are saying, ‘‘No, you cannot cross the ‘‘Sperm’’ means the male game´te; it. Human cloning, a man’s attempt to line.’’ ‘‘Somatic cell’’ means a cell of the body, play God, will change the very meaning Mr. President, that is what this de- other than a cell that is a game´te, having of life, of human dignity, and what it is bate is all about. I believe that we may two sets (a diploid set) of chromosomes; to be human. Are we ready for that? I have an opportunity, if discussion con- Here is the point. don’t think so. tinues, to bring this debate to a close. So a ‘‘somatic cell’’ is any cell of the body Mr. President, the Washington Post At such time I will be back on this other than a game´te, and it includes a fer- in October of 1994 in an editorial said: floor to say, if you want to allow the tilized egg. This means that the current Bond bill would make it a crime to use so- The creation of human embryos specifi- scientific community and some people matic cell nuclear transfer even in cases cally for research that will destroy them is with different sets of standards and dif- where the somatic cell contains a nucleus de- unconscionable. Viewed from one angle this ferent sets of judgments to go ahead rived from sexual reproduction, which is ob- issue can be made to yield endless complex- and attempt to create human embryos viously not cloning. This means that even ities. What about the suffering of individuals though the nucleus is not a clone, the cur- and infertile couples who might be helped by by cloning by a somatic cell nuclear rent Bond bill makes it a Federal crime to embryo research? What about the status of a transfer, go ahead and support the ex- create it. This means that the current Bond brand new embryo? But before you get to tended discussion. Vote no against clo- ture. But, by doing so, you are pro- bill goes beyond the issue of cloning. these questions, there is a simpler one. ‘‘Is Because of this coverage of all ‘‘somatic there a line that should not be crossed even viding a green light. You are saying, go cells’’ the current Bond bill would make it a for scientific, or other gain, and, if so, why is ahead and use this technique that I be- crime for doctors to use a currently effective ″ it? lieve is unacceptable and should be treatment for mitochondrial disease. In this That is the quotation from the Wash- made illegal in this country as it is in treatment women who have the disease have ington Post. In case you missed it, let the United Kingdom, Germany, Can- an extreme and tragic form of infertility. me give you the first sentence again. ada, and many of the other developed The disease is a disease of the mitochondria, ‘‘The creation of human embryos spe- and leading countries in the world. which is an essential element of any egg. The cifically for research that will destroy Mr. President, I appreciate very treatment for this disease involves the use of a fertilized nucleus which is transferred them is unconscionable.’’ much the Senator from California al- That is a simple, straightforward through the use of somatic cell nuclear lowing me to explain what the bill is transfer to an egg from which the nucleus statement with which I agree, and I be- and what it is not. I yield the floor. has been removed. The new egg is a fresh, lieve when the Members before the Mrs. FEINSTEIN addressed the undiseased egg. The current Bond bill would body have an opportunity to reflect on Chair. make it a crime to provide this treatment it and consider it, they will agree that The PRESIDING OFFICER. The Sen- even though the nucleus which is transferred is right. ator from California. is the product of fertilization, not cloning. Let me quote President Bill Clinton, Mrs. FEINSTEIN. Mr. President, I This is the Biotechnology Industry 1994. thank the distinguished Senator from Association’s statement. The subject raises profound ethical and Missouri. I appreciate his comments. It goes on into other areas that moral questions as well as issues concerning And I must tell him that in the main I would be prohibited. But let me say the appropriate allocation of Federal funds. I agree with him. what I think the major problem here appreciate the work of the committees that We have submitted an alternative is. have considered this complex issue, and I un- derstand that advances in in vitro fertiliza- bill to Bond-Frist. It is Feinstein-Ken- The key terms in this bill are unde- tion research and other areas could be de- nedy. fined, and the full scope of the bill is rived from such work. However, I do not be- I am opposed to human cloning. I be- unknown by anyone in this body. It is lieve that Federal funds should be used to lieve human cloning is scientifically just 48 hours old. We don’t understand support the creation of human embryos for dangerous, it is morally unacceptable, the impact of it. The bill is not ready research purposes. it is ethically flawed, and we should for rushing to the full Senate for im- That is the President. He said don’t outlaw it. That is not the issue. mediate consideration. create human embryos by cloning for The issue is we are dealing with a The Bond-Frist bill fails to define the research. complex subject. The bill at hand is a following terms: somatic cell, oocyte, That is the question. Those who bill that uses words and does not define embryo, and preimplantation embryo. would delay and filibuster want to those words. There is the rub. These are all technical, scientific, avoid that question and delay it. I So the issue here today is whether we state-of-the-art terms that need defini- know they are well-intentioned. I know go ahead and ramrod through legisla- tion. The bill actually drops the defini- they may have great reservations. tion with virtually no consideration by tions that were in earlier versions of it. They may not agree with that simple this body, legislation that would im- Undefined key terms will chill vital moral standard. But there are people pose a permanent ban forever with medical research and treatment. The out there who want to start that proc- prison terms of up to 10 years, and we medical and scientific community has

VerDate Mar 15 2010 00:33 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\1998SENATE\S05FE8.REC S05FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 5, 1998 CONGRESSIONAL RECORD — SENATE S431 overwhelmingly stated that this bill that it will be possible to treat third- the Chamber and may wish to make a would chill important scientific and degree burns, to provide skin grafts be- statement. If I could regain the floor, I health research. The bill criminalizes cause the DNA would be the same. We would be happy to yield to him for the that research. Scientists will refuse to may that be able to clone their skin, purpose of that statement. do that research. Venture capitalists grow that skin and transfer that skin Mr. BOND. Mr. President, I think will refuse to fund it when faced with without rejection. The same thing may there are others in the Chamber as possible prison terms. be true of diabetes, and particularly in well. I do not believe that we have any The Bond bill bans somatic cell nu- juvenile diabetes which is so recal- agreement at this time to go back and clear transfer technology, and, as a re- citrant and so difficult to handle. forth with proponents and opponents. sult, the Bond bill may ban production This technology may offer a cure. The Senator from California has the of genetically identical tissues for And with respect to cancer, this tech- floor, and if she wishes to yield I sug- treatment of disease and transplan- nology is what is used in the mass pro- gest the Senator from New Hampshire tation, including blood cell therapies duction of anticancer drugs. It would has been here for some time. for diseases, such as leukemia and sick- stop all of this particular technology. Several Senators addressed the le cell anemia; nerve cell therapy for So the key is not to stop the tech- Chair. neurodegenerative diseases such as Alz- nology. The key is to stop the implan- The PRESIDING OFFICER (Mr. heimer’s, Parkinson’s and Lou tation of the embryo produced by this HAGEL). The Senator from California Gehrig’s; multiple sclerosis; nerve cell technology in a human uterus. That is has the floor. The Senator from California. therapy for spinal cord injury; insulin what we do in our bill. And that is why Mrs. FEINSTEIN. Yes, I would like transplants for diabetes; skin cell I can say virtually all of the scientific community supports Feinstein-Ken- to continue if I can then, and if there transplants for severe burns; liver cell is any message that I might be able to transplants for liver damage; muscle nedy and opposes Bond-Frist. Now, I am aware of the fact our staffs deliver on behalf of the distinguished cell therapy for muscular dystrophy met earlier this morning. We all want Senator from Florida, who probably and heart disease; and cartilage-form- the same thing. Let me beg this body, knows more about research into areas ing cells for reconstruction of joints do not do something in a rush that is involving cancer than many of us in damaged by arthritis or injury. going to mean one day someone is not this body, I would be happy to deliver Let me say what I think the problem going to have a cure for cancer or dia- it for him. is. betes or somebody lying in a burn unit I say to the distinguished Senator, I Senator KENNEDY and I have another at St. Francis Hospital in San Fran- do not want to yield the floor and lose bill. We approach this differently. the floor because it is my intention to Rather than banning all somatic cell cisco or anywhere else is not going to make use of this technology to produce slow down Senate consideration today nuclear transfer, period, the end, we tissue that the body will not reject. in this rushed manner in hopes that we say you can’t use this technology if That is really the issue. Why does will be able to send it to committee, you are going to implanting it in a this have to be done in 48 hours? The have a hearing and follow the normal human uterus. You cannot grow a baby FDA says it will prevent human deliberative process, including sending by implanting it in a human uterus. cloning. Why are we rushing to do it back to the Senate soon for thought- Let me restate that. something and use terms like somatic ful consideration. You cannot grow a baby using this cell and we do not define in the legisla- Mr. MACK. I wonder if I might—— technology unless it is implanted in a Mrs. FEINSTEIN. I am afraid to tion what a somatic cell is. How many human uterus. I have confirmed that, yield the floor because I may well lose people do we condemn to death because to my knowledge, scientifically at this the floor and not get it back again. So we shut off research because anybody stage, there is no way of doing it. How- I will continue, if I may. that does any research will have a 10- ever, you can use this somatic nuclear Mr. President, just yesterday, Dr. J. year Federal prison sentence, a 10-year Benjamin Younger, the Executive Di- cell transfer for the tissue research, Federal prison sentence if you do re- the other areas of research that I am rector of the American Society For Re- search on somatic nuclear cell transfer productive Medicine, wrote: talking about. Once you ban the tech- to try to develop a skin graft for a nology, you cannot use it for these ‘‘I urge you and your colleagues to care- third-degree burn that will not be re- fully consider any human cloning legislation other areas of research. jected? That is why we feel that the place to and to proceed through the proper legislative That is essentially what we are talk- channels so that a sloppily drafted bill does ban it is with implantation in the fe- ing about here today, Members of the not get passed and sentence millions of male uterus or womb. That stops the Senate. The Bond bill additionally Americans to needless suffering. production of a baby. It is dangerous. could ban noncloning treatments for Mr. President, once again, I say we It took 277 implants in Dolly before diseases carried in the cytoplasm. The should not charge ahead at full throt- they got it to work. And there is a lot cytoplasm is the nonnuclear material tle on a bill that legislates issues as we do not know about the procedure. It in a cell. So parents whose children in- profound as those surrounding human is terribly dangerous because you are herit cytoplasmic diseases can have cloning. There is simply too much at taking a cell at a certain degree of ma- healthy children by using a variation stake. turity, not an infant cell. You are tak- on somatic cell nuclear transfer. This I would like to give you just a quick ing a mature cell, and you don’t know isn’t cloning. It is curing a disease. side-by-side comparison of the two bills what the impact of that cell is going to And I am as sure as I am standing here under consideration that ban cloning, be on developmental disabilities and the Bond-Frist bill bans this kind of Bond-Frist and Feinstein-Kennedy. the rest of human development. therapy. Feinstein-Kennedy, as I have said, So scientifically it is dangerous to So let’s have hearings. These bills bans the implantation of the product of clone a human. Morally, we say it is should go to committee and be consid- somatic cell nuclear transfer into a unacceptable, and there are a lot of ered thoroughly. Let’s have the bio- woman’s uterus. It makes unlawful the reasons for this: Who would clone? technology community testify. Let’s shipping of the product of somatic cell What rules do you set up in cloning? have the scientific community testify. nuclear transfer in interstate or for- Do you permit the cloning of Adolf Hit- Let’s have a glossary of terms that we eign commerce for the purpose of im- lers and the other less favorable char- all agree upon. And let’s put those defi- planting into a woman’s uterus. And it acters of history, history past and his- nitions into a bill. Yes, let’s ban prohibits the use of Federal funds for tory future. human cloning. Let’s say you cannot implanting the product of somatic cell So there are many, many questions implant a uterus with somatic cell nu- nuclear transfer into a woman’s uterus. to discuss. I think everyone in this clear transfer. Then there are no ba- I recognize that is current in the fiscal body believes that human cloning bies. Then there is no human cloning. year 1998 appropriations law, but we re- should be made illegal, but we should But the rest of the research, research inforce it in our bill. not attack the technology from which to cure diseases, can move ahead. The Bond bill, as I understand it, so much good can come. For example, I am aware of the fact that the dis- bans human somatic cell nuclear trans- using this technology scientists believe tinguished Senator from Florida is in fer period. It is defined as taking the

VerDate Mar 15 2010 00:33 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\1998SENATE\S05FE8.REC S05FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S432 CONGRESSIONAL RECORD — SENATE February 5, 1998 nuclear material of a human somatic tion into a human uterus would take wish to address this issue, also. I, un- cell and incorporating it into an oocyte place. Obviously, it has to be done fortunately, have a meeting that starts from which the nucleus has been re- somewhere, and I think this is in a at 1 o’clock. moved or rendered inert and producing sense a fail-safe major penalty because Mr. President, I think we are all ac- an embryo, including a preim- that entire lab could be forfeited. tually concerned about the issue of plantation embryo. Again, it defines The Bond bill has 10 years in prison human cloning, and certainly the rep- none of these terms. And it makes un- or a civil penalty if pecuniary gain is resentations by the doctor from Chi- lawful the importation of an embryo derived of not more than twice the cago who stated he intends to pursue a produced through human somatic cell gross gain or both. We think 10 years in course of commercializing human nuclear transfer technology. It is silent prison, when definitions are not in- cloning has caused us to need to accel- on the use of Federal funds, probably cluded to clearly show what we are erate addressing this as a public policy because the authors know that a prohi- talking about, 10 years in prison for matter. It is appropriately an issue bition on human embryo research is al- someone who might use somatic cell that should be addressed at the level of ready in place. nuclear transfer to create the DNA in a the Congress of the United States. It The length of the ban in our bill is 10 cell that could produce a skin graft or should be spoken to by the people’s years. It is a permanent ban in the another tissue culture, a skin graft representatives and not left to a regu- Bond bill. that would heal a burn patient, that latory environment such as the FDA The reason it is a temporary ban or a that individual should not be subject to for a determination, because it is a moratorium of 10 years is largely be- 10 years in prison. matter of dramatic import to our cul- cause a voluntary moratorium has On the issue of preemption, there is a ture and to our scientific community. been put in place by the entire Amer- difference between the two bills as There is no question but that the ican scientific community, and to the well. Feinstein-Kennedy preempts any concept of cloning a human is uneth- best of my knowledge, what they were State or local law that prohibits or re- ical, inappropriate and wrong. We don’t requesting a 5-year moratorium which stricts research or practices consti- have to delve very far into the history the President’s bill contained. We felt tuting somatic cell nuclear transfer, of this century to see the horror that the 5-year moratorium was too short. mitochondrial or cytoplasmic therapy can result from a society which allows We prefer the longer period so that it or the cloning of molecules, DNA cells, itself to pursue a course of creating hu- can be reviewed at the end of 10 years. tissues, organs, plants, animals or hu- mans or designing a human race not The Feinstein-Kennedy bill protects mans. So, we would set a national based on God’s will but based on the and allows biomedical and agricultural standard so that the States could not determination of a political decision or research on practices which are not ex- pass legislation and say it’s OK to in- a scientific community. Obviously, the pressly prohibited. That would include sert a somatic cell in a woman’s uter- Nazi government, in its seeking of a research or practices involving somatic us. We preempt the area. master race, represents one of the true cell nuclear transfer or cloning tech- Internationally, there are some dif- horrors of the history of mankind. nologies, mitochondrial, cytoplasmic ferences in the two bills, too. Fein- So, the need to debate the issue of or gene therapy or somatic cell nuclear stein-Kennedy has a sense of the Con- whether or not humans should be transfer to create animals. We do not gress that the President should cooper- cloned I think is not necessary. There interfere with that. The Bond bill pro- ate with foreign countries to enforce should be and I believe there is almost tects or allows areas of scientific re- mutually supported restrictions. The unanimity on the need not to allow search not specifically prohibited. It is Bond bill has a sense of the Congress human cloning to go forward in our so- silent on mitochondrial, cytoplasmic that the Federal Government should ciety or any other civilized society. I or gene therapy. And that is part of our advocate for and join an international think it is interesting to note that the problem here, and that is one of the effort to prohibit the use of human so- European Community has also banned reasons why we think it needs to go to matic cell nuclear transfer technology human cloning. The question becomes committee and we need to know at the to produce a human embryo. how should we proceed and whether we end of the hearing exactly what it is we I think we could easily come to should proceed with a bill that has are doing. agreement on many of these, particu- been designed by Senator BOND, Sen- On the issue of a national commis- larly this last one. I think we want the ator FRIST and to some part myself, or sion, Feinstein-Kennedy authorizes the same thing. whether we should proceed in some current National Bioethics Advisory The major difference is that the other manner. I for one strongly sup- Commission for 10 years, from the date Feinstein-Kennedy bill would allow the port the initiative that is put forward of enactment. The current commission technology to proceed in medical re- by the bill which we are presently con- terminates in 1999. Our would continue search as long as it does not involve sidering because it addresses the core it and we require reports and rec- human cloning. issue of human cloning, which is the Mr. President, the successful cloning ommendations from the commission in creation of an embryo through the of a sheep— 41⁄2 years and in 91⁄2 years. The Bond bill process of somatic cell nuclear trans- Mr. GREGG. Will the Senator from would establish a new national com- fer. That is really the question here. California yield for a question? In order to clone a human, you mission to promote a national dialogue Mrs. FEINSTEIN. I will be happy to produce an embryo and as a result you on bioethics of 25 members appointed yield. by the Senate and House majority and Mr. GREGG. Will the Senator enter- get a human if you follow the next sci- minority leadership by December 1, tain a unanimous consent request that entific steps. What we have done is lim- 1998, to conduct a discourse on bioeth- I be allowed to speak without taking ited dramatically and really focused ical issues, including cloning, and to the floor from the Senator, so the Sen- the question specifically on the nec- report to Congress by December 31, 1999 ator can regain the floor after I finish essary scientific acts to produce a and annually thereafter. speaking? I will not offer any amend- cloned human and then said, ‘‘No, you On the issue of penalties, the Fein- ments. cannot proceed in that direction.’’ stein-Kennedy bill has a civil penalty Mrs. FEINSTEIN. I will be happy to, That is the way it should be addressed. of $1 million or three times the gross again, if I can regain the floor. This bill was structured in order to pecuniary gain or loss resulting from Mr. GREGG. I ask unanimous con- respond to the very legitimate con- the violation, in other words, a very sent I be allowed to speak for 5 minutes cerns of the scientific community for stringent civil penalty. If an individual and at the end of the statement the further research in all the areas the uses somatic cell nuclear transfer and floor return to the Senator from Cali- Senator from California has outlined. implants the product into a woman’s fornia. This bill does not, in my opinion, in uterus, we subject that individual to The PRESIDING OFFICER. Without any way limit the research into those forfeiture of any property derived from objection, it is so ordered. areas because this bill is purely di- or used to commit a violation or at- The Senator from New Hampshire. rected at the embryo issue and the cre- tempted violation. This would get at Mr. GREGG. Mr. President, I thank ation of a cloned human being as a re- the lab or hospital where an implanta- the Senator from California because I sult of taking that step. The scientific

VerDate Mar 15 2010 00:33 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\1998SENATE\S05FE8.REC S05FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 5, 1998 CONGRESSIONAL RECORD — SENATE S433 issues are further protected by the they are asserting jurisdiction in this the case in Government, we are not to- commission which is in this bill, which area and will not permit human tally leveling with the American peo- says essentially that we have in place, cloning. So I respectfully submit to ple. or will have in place, a bioethical com- those who feel there is time pressure Senator BYRD and I would like to mission which will be able to evaluate that forces us to proceed to the Senate partially change that. I want to ex- science as it evolves and make a deter- today, that is not correct. There is plain exactly what we are doing. As my mination as to when science needs to time for us to take time to consider colleagues will remember, in 1993, for have more leverage or needs to have this issue, to hear the testimony, to go the first time in American history, the more flexibility and then can come to over the scientific terms, to really de- President pushed through Congress a the Congress and say what changes bate whether the Feinstein-Kennedy permanent gasoline tax, 4.3 cents per should occur in order to allow for that approach or the Bond-Frist approach or gallon, that was not dedicated to the flexibility. So there is in place a com- perhaps a third or fourth approach is highway trust fund, and every penny of mission which is not only scientifically the right way to go. it was spent by Government on a broad based but is theologically based and So I would like to end my comments array of projects and programs, none of which is politically based, in the sense today, Mr. President, by thanking you which had anything to do with high- that it represents, not politicians, but for your discretion and by appealing to ways. You will remember that I offered the community at large and which will the majority side of this body. You an amendment in the Finance Com- have the capacity to review what is have an opportunity to do some good. mittee that was adopted by the Senate, happening in the area of cloning tech- But you also have an opportunity to do ultimately adopted by the conference, nology so that we can stay ahead of the enormous harm that could cost tens of voted on in the House and Senate, curve and be sure we are not limiting thousands of lives needlessly if we do signed into law by the President, that the scientific experience and expansion not legislate carefully. So let’s do it took that 4.3-cent-a-gallon tax on gaso- in this very critical area. right. line away from the general revenue and So this bill allows for cloning in the I thank the Chair and I yield the put it in the highway trust fund, where area of agriculture and it allows for floor. it belongs. cloning in the area of animal hus- The PRESIDING OFFICER. The Sen- We now are looking at a situation bandry. It also allows for cloning for ator from Texas. where, if we don’t take action to allow the production of organs. It allows for Mr. GRAMM. Mr. President, I ask a competition where those of us who cloning in stem cell research tech- unanimous consent that I might speak believe that, relatively speaking, we nology. It allows for cloning in a whole for 10 minutes as in morning business. are spending too much on many pro- variety of places. Where it does not The PRESIDING OFFICER (Mr. grams and not spending enough on allow cloning is in the production of a KYL). Without objection, it is so or- highways, we are going to have a situa- human being, and that is what we dered. tion where the trust fund could rise to should be saying. As a matter of ethics, f almost $80 billion, where we have col- lected $80 billion between now and the as a matter of policy, as a matter of a THE HIGHWAY TRUST FUND nation which must stand up and define end of the highway bill that should be its purposes and ideas, we should be Mr. GRAMM. Mr. President, I wanted before the Senate today. We will have saying humans shall not be cloned. to talk today on the same subject Sen- collected $80 billion, telling people the I yield my time. ator BYRD spoke on earlier and that money was going to highways, and, The PRESIDING OFFICER. Under Senator CHAFEE also spoke on earlier. yet, every penny of it will have been the previous order, the Senator from Without getting into a debate with spent on something else. California is recognized. Senator CHAFEE, I want to respond to a Senator BYRD and I have said that Mrs. FEINSTEIN. Mr. President, I couple of things he said. that is not honest. Senator BYRD and I know there are others on the floor. The I want to remind my colleagues that have said that our amendment, basi- distinguished Senator from Texas and in the American system of Govern- cally, has to do in part with honesty in my friend and colleague from Massa- ment, we have a series of dedicated rev- Government. chusetts wished to speak on this issue. enues where we collect specific taxes Our dear colleague from Rhode Island I would just like to wrap up very rap- and fees and we tell the American peo- has said that this has something to do idly. ple that those taxes or those fees are with the budget surplus, or at least has This whole issue was really galva- dedicated to a specific purpose. When talked about surpluses in the trust nized with the cloning of the sheep you go to a filling station, if you live fund and the budget in such a way that Dolly. Let me reinforce the fact that it in a State that has banned the little people might get confused between the took 277 attempts before this cloning clip that holds the nozzle in the ‘‘on’’ two. So I want to make it very clear was successful. The impact of the position so you have to stand there what the Byrd-Gramm amendment cloning is not yet known. while it’s pumping gas into your car or does and what it does not do. In fact, The second point is that the science your truck, I am sure that you have anybody who wants to read the amend- is such that huge disabilities, real read the sign on the gasoline pump. It ment can understand exactly what it problems can result from human basically says, if you wanted to reduce does, because it is a very simple cloning. It is unsafe. it down to good news and bad news, amendment. And my third point is, the cir- that the bad news is that a third of the Basically, what the amendment says cumstances to not require us to rush. price that Americans are paying for is this: We have put the 4.3 cent a gal- Chicago physicist Dr. Richard Seed gasoline is taxes. But the good news is lon tax on gasoline into the trust fund. propelled the debate into full force last every American is assured on every We had a surplus of $23 billion that had month when he told the media that he gasoline pump in America that those already been collected to build roads intended to clone human beings. And taxes are going to build highways. Vir- but has been spent on something else. he said that there were 10 clinics in the tually every American in this era of What Senator BYRD and I are saying, in United States interested in offering self-service has read that sign on the essence, is, all right, we ought to get cloning services and that he believed gasoline pump, the bad news and the that money back. Fairness would dic- the demand would be for 200,000 cases good news. tate it goes to roads. It was collected per year. That’s according to the The problem is, the good news is not for that purpose. American Medical News. true. The bad news is sure enough hon- An analogy I have used is that it is Since that time, as you know, the est to God true. But the good news is like a rustler has come out and has scientific community itself has exer- not true. Today, on average, some- been stealing your cattle and you catch cised a self-imposed moratorium on where between 25 cents and 30 cents out him. Senator BYRD and I called the human cloning. I know of no legitimate of every dollar of gasoline taxes is not sheriff and the sheriff has come out and lab, hospital, or facility that will per- spent on roads. So that when we tell arrested this rustler. Being benevolent, mit human cloning today. I also would the American people that the gasoline we have said two remarkable things. like to add that the FDA has said that tax is a user fee for roads, as is often No. 1, we are not going to hang you,

VerDate Mar 15 2010 00:33 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\1998SENATE\S05FE8.REC S05FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S434 CONGRESSIONAL RECORD — SENATE February 5, 1998 and, No. 2, we are not going to make highways be authorized to be spent on been introduced by my friend and col- you give any of the cattle back that highways, and then we have to have league, Senator BOND. Objection was you have already rustled. All we are competition for available money. And made to the consideration of that legis- saying is stop rustling our cattle. What under the budget, if we spend the lation by the Senator from California. you have already taken from the high- money on roads, obviously, we are I want to just indicate to our Mem- way trust fund and spent on other going to have to set priorities, and bers that I think Senator FEINSTEIN things, go and sin no more. every Member of the Senate will have was quite right to file that objection. Their response is, ‘‘Well, it’s great to to make those decisions. Many of us who are on the Labor Com- spend money on highways, but But this is not a budget issue. We are mittee believed we would be debating where’’—going back to my rustling not talking about breaking the spend- the Satcher nomination this afternoon. analogy—‘‘where are we going to get ing caps. This is an issue about high- It is an enormously important matter our beef? If we can’t raid the highway ways. Let me tell you why it is criti- that has been delayed too long. We trust fund to fund other programs of cally important. have an outstanding nominee. In fair- Government, just where are we going The current highway bill ends on ness, we should be continuing that de- to get our money?’’ May 1. It is highly unlikely that we bate today. The leadership has decided That’s not my problem. We have will get another extension of the high- to move on to this cloning legislation. Members of the Senate who were look- way bill. Construction projects on I believe that this legislation that is ing at that $80 billion and saying, roads and highways all over America being proposed is one of the most im- ‘‘Great, if we can prevent that from are going to come to a screeching halt portant scientific and ethical issues of being spent on highways, we could on May 1. In my part of the country, the 21st century. The legislation itself spend it to pay arrears of the U.N. which is more blessed by God than oth- was introduced 2 days ago. It was put dues, we could spend it on social pro- ers, we have long building periods on the calendar 1 day ago. It has not grams, we could give it to the Legal where people can construct through a received 1 day of committee hearings. Services Corporation, we could do all long spring and summer and fall and It has not received 1 minute of com- kinds of things with it.’’ So they are actually, for all practical purposes, mittee markup. This legislation is a not happy that Senator BYRD and I matter of enormous significance and want to allow the money to be spent on build year round. But in many States importance to the research commu- highways. of the Union, they have a 3- or 4-month After, basically, raising the concern window when they have to build high- nities all across this country and they that they are going to be disadvan- ways. understand that this legislation does taged because they wanted to spend the So if we follow the prescription of the not only impact human cloning. As the research community has money in inappropriate ways, now they people who don’t support building more pointed out, technologies that would be are trying to say that Senator BYRD’s roads, who want to spend the highway amendment and my amendment would trust fund on other things, we are banned under Senator BOND’s bill offer bust the budget. It is not so. Our going to delay, and by delaying, we the key for reaching resolution of a amendment does not raise the spending may get no highway bill, the States in number of very important diseases: caps in the budget. Our amendment the northern part of the country may Cancer, diabetes, birth defects, arthri- does not provide any authority or man- lose their whole building window with- tis, organ failure, genetic diseases, se- date or excuse for violating the budget in this year and, finally, people need to vere skin burns, multiple sclerosis, agreement we reached last year. All make plans. They need to hire workers. muscular dystrophy, and spinal cord our amendment says is this: You are They need to buy capital equipment. injuries. Stem cells may be the key to collecting this money in gasoline We have major highway projects that reproducing nerve cells, which is not taxes. You are telling people that you are partially completed, so we have possible today, and other cells that are spending the taxes to build roads. tied up all this money in building new may be used to treat Alzheimer’s dis- At least allow those who want to de- interstates and new bypasses, and the ease, Parkinson’s disease, Lou Gehrig’s liver on what you are promising the States, if we are forced to stop con- disease. The major researchers in every American people the right to compete struction, will get no use out of those one of these areas oppose strenuously in the appropriations process with projects. the Bond legislation because they be- every other program of the Federal So I want to urge the majority leader lieve that it will provide a significant Government. to bring up the highway bill and bring barrier to meaningful progress in a The answer for those who don’t want it up next week. I want to make it number of promising research areas. the money spent on roads is, don’t clear to my colleagues, I will not sup- I will be delighted to discuss these bring up the highway bill; wait and port breaking the spending cap. I would issues, as Senator FEINSTEIN believes vote on this as part of the budget. Now not author an amendment that broke we should, in a timely way so that we here is what they hope to do. They the spending cap. Our amendment does can at least have an opportunity to hope to convince some of our Demo- not raise the spending cap, and that is consider these measures in the com- cratic colleagues that if they let the not what the Senator from Rhode Is- mittee and report those out. highway trust fund be spent on high- land is worried about. He is worried Therefore, I join Senator FEINSTEIN ways, that there is strong support for that we won’t break the spending cap in objecting to the consideration of building new roads, which the country and that highways will compete money cloning legislation at this time. We desperately needs and, after all, we away from other programs. Well, I am have introduced legislation of our own said the money was being spent for it not worried about that. That is exactly on this subject. We hope that the Sen- when we collected the gasoline taxes. what I want to do, and I think it is the ate will consider it in due course, and So they are worried that we will build right thing to do. We have 51 cospon- that we can work out an acceptable roads or they are going to argue that sors. We would love to have more. compromise on this issue to give it the we will build roads and that will take I thank the Chair for the Chair’s in- careful action it deserves. A rush to money away from other programs, so if dulgence, and I yield the floor. enact bad legislation on this subject you want other programs, you don’t Mr. KENNEDY addressed the Chair. would be far worse than passing no leg- want to build roads. The PRESIDING OFFICER. The Sen- islation at all. Every scientist in Amer- They are going to try by getting this ator from Massachusetts. ica understands that, and the Amer- all involved in the budget so it can be f ican people should understand it, too. commingled with President Clinton’s Several months ago, the world proposal to increase spending by $130 HUMAN CLONING PROHIBITION learned of one of the most astounding billion and bust the caps. They are hop- ACT—MOTION TO PROCEED developments in modern biology—the ing to convince Republicans that our The Senate continued with the con- cloning of a sheep named Dolly. This proposal is no different than the Presi- sideration of the motion to proceed. incredible scientific achievement dent’s proposal. Mr. KENNEDY. Mr. President, ear- awakened widespread concern about The truth is, all we are asking is that lier today, a request was made to con- the possibility of a brave new world, in money collected in gasoline taxes for sider the cloning legislation that had which human beings would be made to

VerDate Mar 15 2010 00:33 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\1998SENATE\S05FE8.REC S05FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 5, 1998 CONGRESSIONAL RECORD — SENATE S435 order and where individuals would seek human beings may put at risk bio- no human cloning procedure could pos- to achieve a kind of immortality by re- medical research.’’ sibly be called safe at this time. The producing themselves. There is wide- They point to a long list of diseases FDA approval process is not a perma- spread agreement among scientists, where cloning research could be crit- nent ban on human cloning, but it ef- ethicists, and average Americans that ical, including cancer, diabetes, aller- fectively bans the procedure for the production of human beings by cloning gies, asthma, HIV/AIDS, eye diseases, near future. should be prohibited. spinal cord injuries, Guillain-Barre So we have a situation where the pro- The President reacted rapidly and re- syndrome, Gaucher disease, stroke, cedure is not yet perfected, where the sponsibly to this scientific advance and cystic fibrosis, kidney cancer, Alz- scientists who are competent to clone a the unprecedented issues it raised by heimer’s disease’’—the list goes on and human being say that they will not do asking the National Bioethics Advisory on. it, and where the FDA already has the Commission to study the issue and They conclude: ‘‘We urge the Con- legal tools and responsibility to pre- make recommendations. The Commis- gress to proceed with extreme caution vent it. We do not need to act today— sion recommended that creation of and adhere to the ethical standard for and we should not act today—because human beings by cloning should be physicians, ‘first do no harm.’ We be- this bill goes far beyond the simple banned for at least five years, and the lieve that there are two distinct issues prohibition of the creation of a human Administration has submitted legisla- here, cloning of a human being and the being by cloning. tion to implement this recommenda- healing that comes from biomedical re- The sponsors of this legislation state tion. search. Congress must be sure that any that all they want to do is ban cloning The legislation that Senator FEIN- legislation which it considers does no of a human being and that they do not STEIN and I have introduced will assure harm to biomedical research which can want to interrupt important research. the American public that reproducing heal those with deadly and debilitating But their bill goes far beyond that, and human beings by cloning will be pro- diseases.’’ it does not deserve to pass. hibited. It follows the President’s legis- These are reasonable tests for legisla- This bill would clearly interfere with lation and the recommendations of the tion in this important area. First, do medical research that offers hope for a Commission. It makes it illegal to no harm. Proceed with extreme cau- cure of many deadly diseases. A letter produce human beings by cloning, and tion. No one can pretend that the legis- I received two days ago from leaders of establishes strict penalties for those lation the Majority Leader is seeking the Society for Developmental Biology who try to do so. to call up meets these tests? states: ‘‘As active researchers in devel- If the legislation the Majority Leader Proceed with extreme caution! The opmental biology, we understand the is seeking to call up achieved this ob- Majority Leader’s legislation was in- implications of the Dolly cloning re- jective, I believe that it would be troduced on Tuesday of this week. sults for basic science and human passed unanimously by the Senate. Un- There has not been a single day of health.’’ These techniques are essential fortunately, it goes much farther. It hearings held on it. Not one single day. for basic research because, as the letter does not just ban cloning of human I doubt that more than a few members goes on to say, ‘‘Many diseases, includ- beings, it bans vital medical research of this body have even had the oppor- ing heart disease, diabetes, and related to cloning—research which has tunity to read the legislation. neurodegenerative diseases (such as the potential to find new cures for can- Many of our offices have been del- Parkinson’s Disease) involve the deple- cer, diabetes, birth defects and genetic uged with calls from health organiza- tion or destruction of a particular cell diseases of all kinds, blindness, Parkin- tions, scientific bodies, and individual type. One of the great hopes in medi- son’s disease, Alzheimer’s disease, pa- scientists and physicians who are seri- cine is to learn ways to replace the lost ralysis due to spinal cord injury, ar- ously concerned about the damage this or damaged cells, for example by stim- thritis, liver disease, life-threatening bill may do to fundamental research ulating the body to regenerate its own burns, and many other illnesses and in- and to possible discovery of long- missing cells or by growing the cells in juries. sought cures for dread diseases. Within culture and providing them to patients. All of these various kinds of research a few days, we will have dozens if not The main obstacle is that most of the have broad support in Congress and the hundreds of distinguished scientific needed cell types cannot be grown in country. A blunderbuss ban on cloning bodies and disease societies expressing culture, nor can their growth be stimu- research would seriously interfere with their opposition to this bill in its cur- lated in any known way. Dolly was this important and life-saving re- rent form. As far as I know, there is grown from the nucleus of an adult search, or even halt it altogether. Sci- not a single major scientific body of cell, proving that the genetic material entists, physicians and other health any stature that has endorsed this leg- of an adult body cell can be repro- professionals, biotechnology compa- islation. grammed by the egg to restore the ge- nies, pharmaceutical companies, and What is the rush? What is the rush? netic potential for specializing into all citizens and patients working with or- It is not as if, despite the absurd pub- possible cell types. Basic research on ganizations such as the Cystic Fibrosis licity given to Richard Seed, a baby genetic programming will likely lead Foundation, the Parkinson’s Action will be cloned tomorrow. To quote to novel transplantation therapies for Network, the AIDS Action Council, the again from the letter I cited earlier, numerous human diseases. In essence, American Diabetes Association, and ‘‘The American Society for Reproduc- we all carry in our cells a library of all the Candlelighter’s Childhood Cancer tive Medicine, the Biotechnology In- the information needed to build a Foundation understand this. The Sen- dustry Organization, and the Federa- healthy human, and Dolly proves that ate should understand it, too. tion of American Societies of Experi- the information can be reactivated and Let me read from a letter signed by mental Biology have all stated that used again. What are the implications? the organizations I have just cited and their members will not seek to clone a For example, instead of diabetes mean- many others as well and sent to mem- human being. These three associations ing a lifetime of insulin injections ac- bers of Congress on January 26, 1998. include essentially every researcher or companied by serious side effects, per- The participating organizations said, practitioner in the United States who haps we can learn how to cause the re- ‘‘We oppose the cloning of a human has the scientific capability to clone a activation of pancreas development being. We see no ethical or medical jus- human being.’’ genes and the regeneration of the miss- tification for the cloning of a human It is also important to recognize that ing cell types. Such exciting ideas are being and agree . . . that it is unaccept- the Food and Drug Administration al- no longer far-fetched.’’ able at this time for anyone in the pub- ready has broad jurisdiction over The key ingredients of this research lic or private sector, whether in a re- human cloning, and would act vigor- offer great hope. DNA from an adult search or clinical setting, to create a ously to shut down any clinic that op- cell is placed in an egg cell that has human child using somatic cell nuclear erates without FDA approval. Such ap- had its own DNA removed. The egg cell transfer technology.’’ proval depends on a finding that then begins to grow and divide under But they go on to say, ‘‘Poorly craft- human cloning is safe and effective. the instructions of the adult cell DNA. ed legislation to ban the cloning of But given the current state of science, The procedure involves what is called

VerDate Mar 15 2010 00:33 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\1998SENATE\S05FE8.REC S05FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S436 CONGRESSIONAL RECORD — SENATE February 5, 1998 ‘‘somatic cell nuclear transfer tech- I bet you could take the legislation overall debate of ‘‘What are the ethical nology.’’ In the case of Dolly, the tech- that we are talking about here, and I limitations to various aspects of nology was used to create a sheep em- bet there aren’t three Members of this science today?’’ into the public bryo from an adult sheep cell. The em- Senate who have read this legislation. square—where we can meet with sci- bryo was implanted in the womb of the They could not. It was just out yester- entists, lay people, bioethicists, people female sheep and ultimately resulted day. And most of the Members have from the business community, in the birth of a baby sheep named been involved in the various other theologians, and ethicists broadly. Dolly. measures. And we are being asked to We need to face that. And I mention The legislation that Senator FEIN- vote on it. No committee, no expla- that because this bill has not been STEIN and I have introduced makes it nation, absolutely none that is going brought to the floor formally. We have illegal to implant a human embryo to affect very, very important re- the objection. But I think it is impor- using this technique in a woman’s search. tant to understand what this particular womb. Without that, no baby, no That is not the way that we are going bill does. It does two important things. human being can be created by current to try and move on into the next mil- No. 1, it establishes a commission, a cloning technology. This is what Dr. lennium, which is really the millen- bioethical commission which is com- Seed says he is going to do. This is nium of the life sciences. As science, as posed of 25 people, a permanent com- what most ethicists oppose. This is chemistry and physics have been in our mission that will look at the bioethical what the American people want past history, life sciences are going to issues of new innovations, new science, banned—and our legislation will do it. be the key to the next millennium. And new technology so that we do not have But the bill proposed by the Majority we want to make sure that we are to debate every new breakthrough, Leader will go much farther. It will going to meet our responsibilities and every new technology which is coming block this new technology in all other our opportunities in a way that is with increasing frequency here in this cases as well. It will make it impos- going to bring credit to the kind of re- Chamber. sible to carry out the research that the search and can help make an enormous This commission is to be comprised overwhelming majority of scientists difference to families all over this and researchers say is so important. It of 24 individuals. Subcommittees are country and really all over the world. set up in terms of ethics, medicine, will make it impossible to use this new Mr. President, I yield the floor. technology to grow cells that can be theology, science and social sciences. Mr. FRIST addressed the Chair. It is broadly representative, not with used to cure diabetes or cancer or Alz- The PRESIDING OFFICER. The Sen- heimer’s disease or spinal cord injury. politicians on it. In fact, there is an ex- ator from Tennessee. clusion in there for putting politicians The Majority Leader’s bill—page 2, Mr. FRIST. Mr. President, I rise to on it, but it will be appointed in a bi- line 13, paragraph 301 is entitled, ‘‘Pro- speak, hopefully in part at least, to cameral way by both sides of the aisle, hibition on cloning.’’ It is the heart of clarify where we are today in terms of broadly representative, with each the bill. It states, ‘‘It shall be unlawful a bill which is enormously important member serving for 3 years, rotating for any person or entity, public or pri- to all of us, to our families, to our chil- members, with ongoing discussion. vate, in or affecting interstate com- dren, to health care, to medical merce, to use human somatic cell nu- science. It is a bill that has been talked There is no forum today for the clear transfer technology.’’ That is the about in the context of cloning, of American people to have the ethical, end of the statement. It does not just human cloning. For the past year—not theological, scientific, social implica- ban the technology for use in human on the specifics of the bill—no, but tions of this new technology discussed. cloning. It bans it for any purpose at there has been debate in the past year And that is why this is striking such a all. about whether or not today, in 1998, strong chord here today. So some peo- That means scientists can’t use the our society is ready to clone, or have ple say, ‘‘Why don’t we run away from technology to try to grow cells to aid mass production, of cloned human indi- this? Why don’t we just say,’’ based on men and women dying of leukemia. what I have just implied, ‘‘let’s don’t They can’t use it to grow new eye tis- viduals. My distinguished colleague from address it now. Let’s wait until the fu- sue to help those going blind from cer- Massachusetts just spoke to the impor- ture?’’ tain types of cell degeneration. They tance of science, and of protecting sci- Well, in truth, that is what has hap- can’t use it to grow new pancreas cells entific discoveries that will contribute pened over the last year. We had a to cure diabetes. They can’t use it to breakthrough. And it is a break- regenerate brain tissue to help those to health care for the next generation. As a scientist, let me say at the outset through using a specific technology with Parkinson’s disease or Alz- which in a sheep—Dolly—really cap- heimer’s disease. They can’t use it to that I could not agree more whole- heartedly with the commitment to not tured the attention of the world be- regrow spinal cord tissue to cure those cause it demonstrated for the first who have been paralyzed in accidents slowing down science in its efforts to improve health care. time that we are on the edge or on a or by war wounds. precipice looking out to a type of Congress should ban the production I say this, and I will qualify my statement by saying that we have to science which we have never had to of human beings by cloning. We should face before realistically, and that is the not slam on the brakes and have sci- today consider the ethical implications replication, the duplication of the entific research that has so much po- that surround scientific discovery. We human being. tential to bring help and hope to mil- must consider the ethical ramifica- lions of citizens. As J. Benjamin tions that might—in certain very nar- How have we handled it? It is not Younger, Executive Director of the rowly defined and specific arenas—tell like we have not talked about human American Society for Reproductive us to stop, tell us to slow down before cloning. Yet a lot of people will come Medicine, has said: we jump or really leap ahead—into the forward and say we have not addressed ‘‘We must work together to ensure unknown. This would have huge moral this in this body or as a Nation. that in our effort to make human and ethical implications, not just in As chairman of a subcommittee cloning illegal, we do not sentence mil- how we deal with each other as individ- which is focused on issues of public lions of people to needless suffering be- uals, but also in terms of how we deal health and safety, I can tell you that cause research and progress into their with each other globally. This is be- the subcommittee actually held two illness cannot proceed.’’ cause we are talking about affecting hearings. The first hearing was entitled Let us work together. Let us stop the overall genetic pool as well as the ‘‘Examining Scientific Discoveries In this know-nothing and unnecessarily psychosocial implications of how we Cloning, Focusing On Challenges For destructive bill. Together, we can de- are defined as individuals. Public Policy.’’ And that particular velop legislation that will ban the This does need to be addressed. It is hearing was in March of last year. We cloning of human beings, without ban- going to take an ongoing dialogue. We had a number of people come forward. ning needed medical research that can cannot—cannot—answer all the ques- Again, this is for the benefit of my col- bring the blessings of good health to so tions here in this Senate Chamber or in leagues so they can go back and look many millions of our fellow citizens. the U.S. Congress. It does take the at the testimony that was presented

VerDate Mar 15 2010 00:33 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\1998SENATE\S05FE8.REC S05FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 5, 1998 CONGRESSIONAL RECORD — SENATE S437 really aimed directly at the Wilmut ex- can reference certain material, and, Dolly technique, as it applies to human periment on Dolly, somatic cell nu- No. 2, to demonstrate that the dialogue cloning. In vitro research continues, clear transfer and its implications. has been ongoing both in Washington, other embryo research continues. This That discussion was begun back in DC, in the U.S. Senate, in Congress does not stop embryo research, or re- March. Harold Varmus, who is Director broadly, but also on the public square. search on diabetes or sickle cell or can- of the National Institutes of Health, We have heard some call for a private cer. It does not do that. It takes a very Public Health Service, U.S. Depart- moratorium among the scientific com- narrow procedure which is not com- ment of Health and Human Services, munities. All of that seems pretty good monly even applied to human cloning came and testified. His testimony is until we recognize that it is not work- and says, stop, we will ban that. All available, talking about this specific ing. Just several weeks ago, we had a other research continues. technique. Dr. Ian Wilmut talked be- proposal by an individual, in essence, No. 1, we do not ban all somatic cell fore our committee in a public hearing. to set up an industry. The purpose of nuclear transfer, only somatic cell nu- He is an embryologist at Roslin Insti- that industry is stated, not in these clear transfer which is a specific tech- tute in Edinburgh, Scotland. I had an exact words, but that industry which is nique as it applies to human cloning. opportunity to visit the institute there proposed is to clone human individuals. Somatic cell nuclear transfer tech- and view the type of research that is I’m of course, referring to Dr. Seed. nology can continue in other fields. It going on personally. Can it be done? We don’t know. We can continue in animals. It can con- Dr. Wilmut’s testimony has been pre- know that there is a certain tech- tinue in cells. It is important for peo- sented to this body. I would encourage nology that worked in an animal that, ple to understand that we only ban this my colleagues to go back and look at if a lot of people focused on that and very specific procedure when used to that public hearing. We looked prin- there were a lot of experiments, could produce a cloned human embryo. cipally, at that particular hearing, at result in a human being. But the pro- Second, a little while ago a concern the scientific discoveries. But we want- nouncement that in spite of the mora- was expressed about the definition of ed to hear from members of the Na- torium, in spite of the discussions ‘‘embryo’’; the definitions are impre- tional Bioethics Advisory Committee, today, that we have an individual pro- cise. We don’t need to get into a debate or NBAC. The NBAC committee was posing the creation of an industry that about how to define an embryo this eventually charged, over a 90-day pe- is going to go charging ahead when we morning or today or on the floor of the riod, to look at this issue of human don’t know the implications to society, U.S. Senate because we already know cloning and to make recommendations. to this country, to the world, is some- what an embryo is. I will just cite two And we had Dr. Alta Charo, professor of thing that we must react to. references. The National Institutes of law, University of Wisconsin, on behalf Tough issue. Ethics. We are talking Health Embryo Panel, which had a for- of the National Bioethics Advisory about a procedure which has never mal report in 1994, basically said, ‘‘In Commission testifying. been applied in the human arena. It has humans, the developing organism from We also had John Wallwork, director only been performed in animals. A lot the time of fertilization.’’ That is their of the transplant unit—transplan- of hypothetical examples will come to definition of embryo. tation, my field, has been mentioned the floor. This bill addresses the prob- If we look at the very good, although on the floor today. And I hope to have lem that I just stated. We don’t have a admittedly I will say incomplete, re- a few comments on that shortly be- national forum now in which to intel- port by the NBAC, the National Bio- cause I think we have to be very care- ligently, with broad input, discuss ethics Advisory Committee appointed ful not to overstate what the bill, these ethical implications of new tech- by the President, which had a very which has not yet even been discussed, nology and new innovations and short time line, their report I should does because it is easy to frighten peo- science. This bill, once it is allowed to say had recommendations based on the ple and say that this bill is going to be brought to the floor, very specifi- safety of the procedure. They admitted shut down science in a field like trans- cally sets up a mechanism outside of they did not have the time or the proc- plantation. It does not do that. This the U.S. Congress but broadly rep- ess to look at all the ethical and social bill is very, very narrowly defined and resentative to be able to discuss these and theological implications. They only in an arena which results in issues in a sophisticated, intelligent, held hearings on it, but their conclu- human cloning. ethical way. We need that mechanism. sions were not based on those ethical We held another hearing. And that This bill creates that mechanism per- considerations. In their report in 1997, hearing was entitled, ‘‘Ethics And The- manently. several months ago, they said the em- ology: A Continuation Of The National The second thing that this bill does, bryo is ‘‘the developing organism from Discussion On Human Cloning.’’ I men- it attempts to—and it is tough; I can the time of fertilization.’’ tion this because, as a scientist, as a tell you it is tough in terms of doing it The NIH Embryo Panel—I was not in physician, as someone who has taken just right, but the bill does it just this body at that point in time, but I care of patients, and now as a U.S. Sen- right—it narrowly focuses on a par- have had the opportunity to go back ator, I am going to come back to again ticular procedure in the big world of and read their findings and their re- and again that we do have the responsi- science and research. It takes a very port—was very clear in their statement bility to look at the ethical implica- specific procedure that has never been that the embryo does have some moral tions of new innovations. That is what even used in human cells in terms of significance. The embryo as just de- we are, trustees of the American peo- creating embryos and says let’s ban fined by these two definitions does ple. that procedure. Let’s allow that proce- have moral significance today. This hearing on ‘‘Ethics And The- dure, even in animals, in the research There is a huge debate, a debate ology: A Continuation Of The National arena, in cells. Let’s learn more about which I think we should avoid on this Discussion On Human Cloning’’ had that procedure so we will know what narrow, narrow bill, that can go into witnesses, such as James Childress, those implications are. But let’s ban abortion, pro-choice and pro-life, when again a member of the National Bio- that narrow procedure when it is used do you define a life. I don’t think we ethics Advisory Commission, and also to create a human being, another per- need at this point in time to get into Edwin Kyle, professor of religious stud- son. that discussion. We do need to recog- ies at the University of Virginia. We Now, the advantage is by banning nize that people such as previous pan- had Dr. Ezekiel Emanuel, a member of just that specific technique as it ap- els like the NIH Embryo Panel did give the National Bioethics Advisory Com- plies to human cloning, you can still moral significance to that embryo. mission. We had a number of people continue experimenting with Dollys, Now, third, in essence, the statement testifying from the theological commu- bovine models, pigs, cows, baboons— was made the application of nuclear nity as well. animal research. There will be a lot of transfer cloning to humans could pro- I mentioned both of these hearings people who will say maybe we vide a potential source of organs or tis- and the testimony therein for two rea- shouldn’t use it there, but that is not sues of a predetermined genetic back- sons: No. 1, to help my colleagues and what this bill does. It only bans the so- ground. That statement refers to my the American people know where they matic cell nuclear transfer, so-called own field of transplantation where the

VerDate Mar 15 2010 00:33 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\1998SENATE\S05FE8.REC S05FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S438 CONGRESSIONAL RECORD — SENATE February 5, 1998 concept is that rejection of a heart or be de-differentiated and redifferen- things. No. 1, it creates a bioethics of a lung or of a kidney is determined tiated along a particular path. This commission, permanent, 24 members, in large part by how different the re- would eliminate the need to use cells broadly representative of society cipient organism looks at that trans- obtained from embryos.’’ today, with the disciplines of ethics, planted organ, genetically how dif- Again, now is not the time to go into bioethics, theology, the social sciences, ferent are they, which explains this these details, but I do want to show in all well represented, a forum that I whole process we called rejection. That part the richness of science to dem- think is most appropriate to discuss is an inflammatory-like process which onstrate that this one particular tech- these very difficult issues of tech- says the recipient body will reject that nique as applied to a human, as applied nology that will be coming through heart, either more often or totally. The to human cloning, is the only thing even more rapidly in the future. The genetically closer you get, the less that that is being banned, and all this other answer to the question is, why don’t we process of rejection occurs, free of research continues right along. just appoint this commission and pass other types of immunosuppression. The issue has come up and will likely that part of your bill and not worry? This whole idea of having lots of copies come up, should we create embryos Well, that is what we have sort of been of an organ, of a DNA, is one line of re- purely for research purposes? Our bill doing for the last several months—sit- search in terms of eliminating rejec- does not. Let me say at the outset, our ting back as the national dialog con- tion. bill, as I said, allows embryo research tinues. Yet, we have a proposal coming References were made to spinal cord to continue as it is today under the re- from the private sector at this juncture injuries, Alzheimer’s, Parkinson’s, can- quirements and the regulations that and that proposal is to go out with the cer, with the whole premise being that are out there today. What our bill does, single objective of cloning human research will be shut down in these it looks at a particular technique with beings. If we as trustees of the Amer- fields. I want to assure my colleagues other research and embryos allowed to ican people want to step back and say, it will not. Again, it is a very specific, continue. You can step back and say, no, that is too hot an issue for us, that narrow procedure as it applies to should someone be out creating all is one approach. My approach is that human cloning. Animal research will these mass-produced human embryos we go in, we address that specific prob- continue, plant research will continue, just to do research on them and then lem, that cloning of the human indi- other cellular research will continue. destroy those embryos? It is an issue vidual with the very best legislation Now, NBAC also in their report in which is very likely to come up before that we can do, set up a commission so 1997 looked at this issue about trans- this body. that in the future both that issue and plantation, since that was brought up Let me introduce it and just say that other issues can be discussed, look at on the floor. Let me refer to their find- our bill does not allow creation of the science, look at the ethics, look at ing, and this is from their Chapter 2, these embryos using somatic cell nu- the philosophical and social implica- Science and Applications of Cloning, in clear transfer—human embryos. Again, tions of this research. So that is No. 1, their report. ‘‘Because of ethical and animal research can continue. The a bioethics commission. moral concerns raised by the use of em- Washington Post really captured, I No. 2 is to target the Dr. Seeds of the bryos for research purposes, it would be think, what this debate will evolve to world—people who don’t have the prob- far more desirable to explore the direct as we look at ethics and theology and lem, who don’t fully see the ethical po- use of human cells of adult origin to science, careful not to slow down the tential for harm to society and to the produce specialized cells or tissues for progress of science which we want to world and, therefore, have basically transplantation into patients.’’ encourage in all the fields that have publicly stated what their objective I think it pretty much speaks for been mentioned this morning. The is—to create human beings, and be ap- itself based on their ethical and moral Washington Post editorial in 1994 basi- pealing for resources to do just that. concerns with this type of research cally says, ‘‘The creation of human em- That is why the American people ex- that you don’t necessarily have to rely bryos specifically for research that will pect us to come forward and debate and on somatic cell nuclear transfer to destroy them is unconscionable. talk about the implications, make sure produce an embryo as being the tech- Viewed from one angle, this issue can that we do exactly what I have said, nique in order to create this likeness to be made to yield endless complexity. which there will be debate on and that prevent rejection. What about the suffering of individuals is in a very focused way, target a par- No. 2, they say it deals with trans- and infertile couples who might be ticular technique which has never been plantation and research. ‘‘Given cur- helped by embryo research? What used to clone a human individual. We rent uncertainties about the feasibility about the status of the brand new em- just want to prevent that and allow of this, however, much research would bryo? But before you get to these ques- that science to continue. The editor of the New England Jour- be needed in animal systems before it tions, there is a simpler one: Is there a nal of Medicine basically has said in would be scientifically sound and line that should not be crossed even for the past: ‘‘Knowledge, although impor- therefore potentially morally accept- scientific or other gain, and if so, tant, may be less important to a decent able to go forward with this approach.’’ where is it?″ This is not a one-side-of-the-aisle society than the way it is obtained.’’ That is, the approach of somatic cell I hope as we go forward and look at issue. In fact, both sides of the aisle nuclear transfer. So what NBAC con- the final disposition of this bill that we have put forth bans on human cloning. cluded, ‘‘Given these uncertain- come back to that statement. ties. . .much research would be needed President Clinton doesn’t believe the I yield the floor. in animal systems. . ..’’ Federal Government should be funding Mr. HATCH addressed the Chair. Our bill allows that research to con- embryo-type research. Basically he has The PRESIDING OFFICER. The Sen- tinue and then make a decision, pos- said, ‘‘The subject raises profound eth- ator from Utah. sibly 5 years from now, 10 years from ical and moral questions as well as Mr. HATCH. Mr. President, I listened now, 3 years from now, in terms of issues concerning the appropriate allo- to my colleague’s excellent statement what we learn from those animal sys- cation of Federal funds. I appreciate and, of course, since he is the only phy- tems. Our bill says, ‘‘Don’t use this the work of the committees that have sician in the Senate, I think we should technique to clone humans.’’ There are considered this complex issue and I un- all pay strict attention to him. a lot of other strategies. I don’t want derstand that advances in in vitro fer- Let me just say that I am very con- my colleagues to think that somatic tilization research and other areas cerned about debating this bill today, a cell nuclear transfer technique is one could be derived from sufficient work. bill which falls within the jurisdiction of the more important techniques However, I do not believe that Federal of the Judiciary Committee, without today. There are all sorts of strategies funds should be used to support the our having any hearings or other dis- in terms of the transplantation arena. creation of human embryos for re- cussion, because there are a lot of com- Again, looking at NBAC, they recog- search purposes.’’ plicated issues involved here. nize that, ‘‘Another strategy for cell- Well, let me step back and then I will I want to let the distinguished Sen- based therapies would be to identify close. The bill, which we had hoped ator from Tennessee know that I sup- methods by which somatic cells could would come to the floor today does two port his statements in many respects.

VerDate Mar 15 2010 00:33 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\1998SENATE\S05FE8.REC S05FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 5, 1998 CONGRESSIONAL RECORD — SENATE S439 I, too, am opposed to cloning of human bility, in which the Government should In addition, I am aware that another beings. play only a supportive role. Moreover, series of questions has been raised re- But at the same time, we have to Dr. Satcher believes science should de- garding joint CDC/NIH-sponsored clin- move very carefully in this area so termine health policy, attendant upon ical trials conducted in Thailand and that we do not preclude a lot of very which we have based virtually all of the Ivory Coast to determine the effec- promising medical technologies and the public health legislation that has tiveness of AZT to prevent pregnant very valuable biomedical research. It passed this body. mothers from transmitting the HIV may be that amendments are need to Let me note for the Record that Dr. virus to their children. clarify that. Satcher has experience with three of In a nutshell, concern has been raised I maintain an interest in this issue the four historically black medical because the foreign trials were placebo- both as Chairman of the Committee schools. He learned firsthand of the controlled against a ‘‘short course’’ under whose jurisdiction this criminal problems that Americans face in seek- regimen, whereas, in the United States code amendment would fall, and as a ing care, and he does not advocate for a ‘‘long course’’ AZT regimen would Senator with a long-standing interest a Federal solution. have been the baseline for care. While in biomedical research and ethics. During Dr. Satcher’s tenure at CDC, it is clear that an argument can be The questions raised by this legisla- the Centers for Disease Control, he made that the U.S. standard of care tion are both novel and difficult and it worked to increase childhood immuni- could have been used, this would not behooves us to move carefully. zation rates, to develop better ways to have resolved a more difficult problem Mr. FRIST. I thank the Senator. protect Americans from new infections, of lack of access to expensive medica- Mr. HATCH. Mr. President, I ask and decrease teenage pregnancy rates. tions. unanimous consent that the remarks I He has also demonstrated U.S. leader- While opinion is hardly unanimous am about to give be considered as if in ship in attacking the world AIDS prob- on this issue, the better view is that lem. morning business. these grounds were appropriate to the Critics of the nomination have raised The PRESIDING OFFICER. Without nations and the populations studied. concern that he supports the Presi- objection, it is so ordered. These trials were done in complete dent’s position on partial-birth abor- partnership with the local patients, f tion. It is no secret that I disagree ve- health officials, and the World Health NOMINATION OF DAVID SATCHER hemently with that position and will Organization. TO BE SURGEON GENERAL continue to work until a prohibition on As our debate on the Hatch-Gregg partial-birth abortion is the law of the Mr. HATCH. Mr. President, I have FDA export bill in 1995 made abun- land. listened with great care to our debate dantly clear, we need not and should Yes, it is true that Dr. Satcher sup- not second-guess the choice of patients about the nomination of Dr. David ports the President’s position, which is Satcher over the past few days. It has and officials in other countries who, for not surprising given that Dr. Satcher is a myriad of reasons, seek not to use been a constructive discussion, one the President’s nominee. I certainly which has raised a number of impor- the American standard of care. I be- understand the motivation of some in lieve it is critical for those in Congress tant issues. saying that he should be opposed for I have the greatest respect for the Of- to respect differences of the health and that reason. wealth characteristics of other coun- fices of the Surgeon General and As- But in reviewing the hearing record sistant Secretary for Health. The indi- tries. What is appropriate policy in the on this nomination, I am impressed by United States is not necessarily appro- vidual who occupies this position will Dr. Satcher’s assurances to the com- become the Nation’s No. 1 public priate in the Third World. mittee on this issue. He said, ‘‘Let me Mr. President, I want to emphasize health official, our top doctor, if you unequivocally state that I have no in- will. For this reason, this nomination the importance of the position Dr. tention of using the positions of Assist- Satcher seeks to assume. The Surgeon deserves the utmost scrutiny. ant Secretary for Health and Surgeon I have the greatest respect for our General is the head of the United General to promote issues relating to States Public Health Service Commis- colleague, the Senator from Missouri. I abortion. I share no one’s political think he has made some arguments sion Corps. And, formerly, the position agenda, and I want to use the power of of Assistant Secretary for Health was that raise very valid concerns, and it these positions to focus on issues that the top public health slot in the gov- behooves this body to examine them. unite Americans, not divide them. If ernment. Unfortunately, the position That being said, after a great deal of confirmed by the Senate, I will strong- of Assistant Secretary for Health was analysis, I have concluded that Dr. ly promote a message of abstinence and downgraded in the Clinton administra- Satcher is eminently qualified for the responsibility to our youth, which I be- tion and has become less important position, and that there is a more than lieve can help to reduce the number of since the ‘‘ASH’’ no longer has line au- adequate explanation for his position abortions in our country.’’ I believe thority over the public health agencies on two key issues—partial-birth abor- that nothing in Dr. Satcher’s back- such as CDC, NIH and FDA. tion and HIV testing in Third World ground, including his work as CDC Di- I hope that Dr. Satcher will under- countries. Accordingly, I intend to sup- rector, suggests that he would try to take a review of that decision because port his nomination. make the Surgeon General’s post into a I think it was a mistake, and I hope to From a humble rural background, pro-abortion bully pulpit. Indeed, he discuss that with him in the future. David Satcher has risen to become a has personally given me his assurances In closing, I want to point out that leading public health expert—the direc- to the contrary. Dr. Satcher has a distinguished record tor of the prestigious Centers for Dis- I remember when Dr. C. Everett Koop that will be an asset to those impor- ease Control and Prevention, a doctor was nominated by a Republican Presi- tant public health positions. who is widely respected for his ability dent and his nomination was held up Doctor Satcher is a recognized public to communicate scientific information for some 8 or 9 months on the issue of health leader and a member of the In- in a credible manner. He has done a abortion, even though Dr. Koop as- stitute of Medicine of the National great job at the Centers for Disease serted he would not use the Surgeon Academy of Sciences, the recipient of Control and Prevention. General’s Office as a public forum for numerous awards, such as the 1996 I have spoken at length with Dr. advocacy for abortion. As things awardee of the AMA’s prestigious Dr. Satcher and became convinced that he worked out, we finally were able to get Nathan B. Davis award. has an agenda that Americans of both him confirmed, and I won’t go into all In short, Dr. Satcher is a well- parties should support. Tobacco con- the details on how that happened. He credentialed, highly effective public trol is at the top of that agenda. On the proved to be one of the great Surgeons health leader. If confirmed, he will be issues of teen pregnancy and sexually General of the United States. I believe the highest-ranking physician within transmitted disease, Dr. Satcher in- Dr. Satcher will likewise prove to be a HHS and could be counted on to be an tends to promote abstinence and very successful Surgeon General of the articulate national spokesperson on a assures me that he believes health and United States. I urge my colleagues to wide range of public health issues that sex education are a parental responsi- vote for him. we all agree are important.

VerDate Mar 15 2010 00:33 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\1998SENATE\S05FE8.REC S05FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S440 CONGRESSIONAL RECORD — SENATE February 5, 1998 I think we can all learn by the exam- Mr. FRIST. Absolutely. marily to focus on scientific concerns ple set almost 20 years ago when this The PRESIDING OFFICER. The Sen- as well as the less abstract concept of body, as I mentioned earlier, confirmed ator from Vermont is recognized. safety. What is safe or not safe? Is this C. Everett Koop to be Surgeon General (The remarks of Mr. LEAHY per- procedure safe, or is it not safe? They over the objections of many in the taining to the introduction of S. 1612 then appealed to each American citizen other party. are located in today’s RECORD under to step up to the plate and exercise The fears about Dr. Koop’s partisan- ‘‘Statements on Introduced Bills and their leadership and their moral lead- ship were unfounded. Today, he is wide- Joint Resolutions.’’) ership in formulating a national policy ly respected by Senators on both sides Mr. LEAHY. I thank my good friend on human cloning. We need that forum. of the aisle, and it is my hope that this from Tennessee for yielding me this Time has shown that neither the is a legacy Dr. Satcher will leave as time. Presidential Commission nor the well. The PRESIDING OFFICER (Mr. United States Congress is probably the f ALLARD). The Senator from Tennessee. forum, or at least is an inadequate Mr. FRIST. Mr. President, Thank forum, for addressing these bioethical THE TOBACCO SETTLEMENT you. issues which are of tremendous intri- Mr. HATCH. Mr. President, I also f cacy and important to society. want to take this opportunity to an- I, therefore, proposed this national COMMISSION TO PROMOTE A NA- nounce what I consider to be an impor- bioethics commission in our legisla- TIONAL DIALOGUE ON BIOETHICS tant development on the tobacco legis- tion. It is representative of the public lative front. Mr. FRIST. Mr. President, I want to at large. It has the combined participa- This morning, a senior official in the take a moment to speak to the bio- tion of experts in law, experts in administration, David Ogden, coun- ethics commission which will be pro- science, experts in theology, experts in selor to Attorney General Reno, deliv- posed. It is part of a bill which I am medicine, experts in social science, ex- ered testimony on the tobacco settle- not sure is going to make it to the perts in philosophy, and the interest of ment at the House Judiciary Com- floor today. I would like to comment members of the public. It is my hope mittee hearing. on that commission. that this commission will forge a new Mr. Ogden testified that: Mr. President, I want to comment path for our country in the field of bio- If there is agreement on a comprehensive briefly on this concept which is in the ethics that will enable us to have an bill that advances the public health, then bill that will be considered sometime informed, a thoughtful, a sophisti- reasonable provisions modifying the civil li- in the future. I am not sure it will be cated, and scientific debate in the pub- ability of the tobacco industry would not be this afternoon, or next week, or some- lic square without fear on behalf of the a deal breaker. time in the future. And the aspect that public, or politicians, or politics driv- Since announcement of the June 20 I want to comment on is this bioethics ing our decisions. proposed tobacco settlement last year, commission. I think it is critical that In this proposal, the majority and I have maintained that a legislative at the end of this century and on into minority leaders of Congress would ap- measure which incorporates strong the next century we have somewhere in point the members of the panel. No public health provisions in conjunction the United States a forum where we current Member of Congress or the ad- with certain defined civil liability re- can carry on intelligent discussions on ministration would serve on this panel. forms could do more to stop the next the ethical, the theological, the sci- We simply must depoliticize these dis- generation of our children from getting entific, and the medical issues that are cussions which will simultaneously hooked on tobacco than any bill we inevitable as science progresses with broaden input from the general public. have ever considered. breakthrough discoveries that have the Each and every citizen of this country The Administration’s announcement potential both for very good—very should have the opportunity to con- today will do much to make passage of good—but also evil. Where do we digest tribute to these debates. that landmark legislation possible. I those in the society when they are This commission would be estab- call upon the President to send us his coming through not every week nor lished within the Institute of Medicine, language on a priority basis. In fact, I every month but even more frequently? and would be known as a commission have invited the Department of Justice In response to that, I proposed the na- to promote a national dialogue on bio- to testify at the Judiciary Committee tional bioethics commission. ethics. hearing next Tuesday on the tobacco We have the National Bioethics Advi- Very briefly, it would have 25 mem- settlement, and we will be greatly in- sory Commission, so-called NBAC. And bers, 6 appointed by the majority lead- terested in the details of the Presi- I think over the next few days the er of the Senate, 6 by the minority dent’s position on liability. country will become familiar with that leader of the Senate, 6 appointed by the Mr. President, this is a stunning NBAC designation. The NBAC, the Na- Speaker of the House, and 6 appointed breakthrough, one which I believe tional Bioethics Advisory Commission by the minority leader of the House of greatly increases the probability that a was appointed entirely by the Presi- Representatives. There would be a broad, bipartisan consensus can be dent of the United States. They did a chairman. In addition, representatives reached on the tobacco settlement. very good job this past year in assimi- stated in the legislation would be from PRIVILEGE OF THE FLOOR lating data, information, reports, and the fields of law, theology, philosophy, Finally, Mr. President, let me just testimony from experts and the lay ethics, medicine, science, and social conclude by asking unanimous consent public broadly over a 90-day period ad- science. The commission would be ap- that Bruce Artim and Marlon Priest be dressing human cloning. That was a pointed no later than December 1st of granted privileges of the floor during good start. But they very openly said this year. We have to move ahead the pendency of the Satcher nomina- that they were unable to substantively quickly. They would serve for a length tion and during consideration of S. address the ethical issues surrounding of 3 years. And the duties of the com- 1601, the anti-cloning bill. human cloning. mission, as spelled out in the legisla- The PRESIDING OFFICER. Without As I have said earlier today, as a sci- tion, would be to provide an inde- objection, it is so ordered. entist, and a public servant now, I want pendent forum for broad public partici- Mr. HATCH. Mr. President, I yield to make the case that we can no longer pation and discourse concerning impor- the floor. separate science from the ethical con- tant bioethical issues, including Mr. FRIST addressed the Chair. sideration in that we as a body must cloning, and provide for a report to The PRESIDING OFFICER. The Sen- address how to establish a forum in Congress concerning the findings, con- ator from Tennessee. which such discussions can be carried clusions, and recommendations of the Mr. FRIST. Would the Senator like out. commission concerning Federal policy me to yield? The Commission cited inadequate and possible congressional action. Mr. LEAHY. Mr. President, will the time to tackle the ethical issues in the Subcommittees are established on distinguished Senator from Tennessee context of our pluralistic, complex, in- that commission for legal issues, for be willing to yield me 3 minutes? tricate society in that they chose pri- theological issues, for philosophical

VerDate Mar 15 2010 00:33 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\1998SENATE\S05FE8.REC S05FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 5, 1998 CONGRESSIONAL RECORD — SENATE S441 and ethical issues, medical issues, and ducing more, being more competitive the increased funding in NIH will go scientific issues, and for social issues. and especially paying attention to through. And my guess is that as a con- I will not belabor the commission, price and quality which is what the sequence of that and what other sorts but want to come back to the concept consumer increasingly is looking at be- of things there will be that the baby- and the concept is to have an appro- fore they will make a purchase. boom generation is going to live even priate forum to discuss the types of Our goods are selling. Our cars and longer than what we are currently fore- issues we are discussing today, which I computers are selling. Our software casting. And their demand for collec- have made the case that we have to act and food is selling. Our products are tive transfer payments both from So- on today in response to proposals that selling. People throughout the world, cial Security and Medicare are apt to have been made from the private sector where they have an opportunity to buy be larger than what we are currently and to have a better, a more appro- our products are saying that ‘‘Made in estimating, not likely to be smaller. priate, a more responsive, and a more the U.S.A’’ is good again. It wasn’t During that period of time—2010– representative forum to address such that long ago when people were saying 2030—the percent of our budget that is issues in the future. maybe it is not so good. allocated to mandatory spending, pre- Mr. President, I yield the floor. So we need to congratulate ourselves. suming that we allow net interest to go Mr. KERREY addressed the Chair. We have a surplus. The cost of the Fed- down, which is by no means certain, if The PRESIDING OFFICER. The Sen- eral Government is down to the lowest we allow the debt to be paid down so ator from Nebraska. as a percentage of GDP than it has the net interest can go down, even with Mr. KERREY. Mr. President, I ask been in a long time. Crime is down in that scenario, at the end of the baby unanimous consent that I may speak most major cities. There is a lot that boom generation 80 percent of the as if in morning business. we need to feel good about—not just as budget will go to mandatory spending. The PRESIDING OFFICER. Without Members of Congress but as Americans All one has to do is take today’s budget objection, it is so ordered. for how it is that we have gotten to of $1.7 trillion, subtract 80 percent, and f where we are today. ask yourself how you are going to de- Mr. President, I think, as is always THE PRESIDENT’S BUDGET fend the Nation with 20 percent, how the case in any competitive operation, you are going to build our roads, how Mr. KERREY. Mr. President, there that it must be pointed out that there you are going to maintain a law en- has been a lot of commentary before is a need to take advantage—not to say forcement system, how you are going about the President’s budget, and I it is terrific and we are on the top of to do all the things that everyone would like to offer a little comment the heap and become complacent. That wants to do with only 20 percent left. prior to talking about the proposals is when you get in trouble. I under- That is the dilemma, it seems to me, that I heard the distinguished Senator stand that there is uncertainty when we are going to face. So I hope in this from West Virginia, Senator BYRD, you are having to compete. But in part moment of exuberation and exhilara- make the other day having to do with that uncertainty means we are doing a tion we understand now is not the time the importance of ISTEA legislation. good job because we are not asking to become complacent. Now is not the My own view is that there is an awful anybody to provide us with an absolute time for us to just come to the floor lot that Congress needs to be proud of guarantee of success. We are saying and try to tee up things that are rel- at the moment. We sometimes make it that we are prepared to get in the mar- atively easy. We have to get the tough worse with our actions. And when we ket and do what we have to do to be things done. help make things better, it seems to be successful. f important for us to take stock of what So I believe it is not the time in 1998 we have done and to acknowledge our to say that it is terrific, and let’s fig- INTERMODAL SURFACE TRANS- accomplishments. ure out how to spend the surplus, or PORTATION EFFICIENCY ACT I believe the last 7 years in the let’s figure out how to take an easy Mr. KERREY. Mr. President, I was United States we have seen a dramatic course of action. I think the President very disappointed, many of my col- transformation in the United States has outlined for us a tough course in leagues down here, a lot of us were dis- Congress from one of an expectation al- setting Social Security as a top pri- appointed that we were not able to get most that the Japanese and other ority saying we have to have a discus- the ISTEA legislation passed last year. Asian nationals are going to over- sion in 1998 about it besides in 1999 For me the ISTEA legislation is one of whelm us. what we are going to do with the most the most important things with which I remember very well in 1991 the de- expensive program that we have in this Congress deals. It creates imme- bate was: Will the U.S. currency be de- Washington, DC, today. I applaud that. diate jobs, employs people in my State, valued in the end? Could our auto- All of us need, as we look at the Con- but much more importantly, it adds to mobile manufacturers survive? Could gressional Budget Office numbers, to be the productive capacity out in the fu- our computer manufacturers survive? alert. And the distinguished Senator ture. It contributes to our capacity to There were a lot of people who reached from Tennessee and I are both on the be competitive. It enables our families the conclusion that we would not be Medicare commission, and I presume to do what they want to do when they able to do that, and what we ought to that Medicare commission, which I take their leisure time. do is adopt the Japanese model, to think is going to have our first meet- Our transportation system is enor- have the Government much more in- ing sometime in March relatively mously important, and it is one of the volved in the decisionmaking busi- quickly, I hope. Our big concern should things we in America have to be proud nesses, with a much closer relation- be the year 2010, the year 2030, and the of. It enables us to maintain our com- ship, and industrial policy was quite CBO numbers that we are given. All of petitive edge and to be able to cele- popular at the time. us need to understand that it only ex- brate. We chose a different direction. We tends out 10 years. The next 10 years I was encouraged earlier last year enacted in 1990, and in 1993 and again looks pretty good. Over the next 10 when the majority leader indicated enacted in 1997, legislation that im- years not a single baby boomer will re- that he was going to make this a pri- posed fiscal discipline on the Federal tire. They start to retire; 77 million of ority and bring it up right away. I have Government. And as a consequence of them start to retire in the year 2010. great respect for Senator DOMENICI, the that we are now finding ourselves de- And from 2010 to 2030, the number of re- chairman of the Budget Committee, bating what are we going to do about tirees will increase almost 25 million who is asking that this legislation be the surplus? We have reduced Govern- while the number of workers only goes taken up after we get a budget resolu- ment borrowing, and reduced Govern- up 5 million. That is a demographic tion, but that means we will have to ment borrowing just from the 1993 leg- problem—not caused by liberalism or get another 6-month extension. That islation by almost $800 billion; and that conservatism. It is a demographic prob- means there will be contract uncer- coupled with tremendous accomplish- lem, and my guess is that this year it tainty out there in the country. That ments in the private sector, businesses will impose some sort of children’s means we may not get this thing done and employees working harder, pro- health fee on tobacco. My guess is that until next year.

VerDate Mar 15 2010 00:33 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\1998SENATE\S05FE8.REC S05FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S442 CONGRESSIONAL RECORD — SENATE February 5, 1998 All of us know there are bitter divi- The PRESIDING OFFICER. Without ship on international issues that is left sions about formulas, bitter divisions objection, it is so ordered. by the United States relinquishing this about how we are going to allocate our f traditional role. Ever since the first money: should it go out to the West, to Reciprocal Trade Agreements Act of the Northeast? All of these battles that INTERNATIONAL TRADE 1934, the United States has led the typically do not break down by party INITIATIVES world in reducing barriers to trade. line but by geographic line, all of those Mr. GRASSLEY. Mr. President, as we And we have benefitted greatly from battles will have to be waged here in start the second session of the 105th this leadership. the Senate Chamber when the bill is Congress I want to outline my prior- American workers are the most pro- brought up. If you delay it, not only do ities on international trade issues from ductive, highest-paid workers in the we risk not getting a 6-month exten- my vantage point of chairman of the world. American companies produce sion, we risk not getting ISTEA passed Finance Committee’s International the highest quality products. And until very late in the session, creating Trade Subcommittee. Some of these American consumers have more contract uncertainty, creating, it are legislative initiatives that began in choices of goods and pay less of their seems to me, problems none of us the 1st session and others are things income on necessities, such as food, ought to be courting. that we should be doing everyday. than consumers of any other country. So I hope that the distinguished The first thing we need to do is re- These are the benefits that we have en- chairman of the Budget Committee and store the United States to its rightful joyed because we’ve been willing to the majority leader will bring this leg- position of leading the world in liberal- lead on trade. islation up before this budget resolu- izing global trade. We can do this by This leadership is now being ques- tion, will schedule it for debate as granting the President new trade nego- tioned by our trading partners. They quickly as possible. tiating authority. The failure to pass are moving on without us. They’re We need, on behalf of the American fast track last year was harmful to forming regional and bilateral trading workers, on behalf of American busi- American workers, American farmers arrangements that don’t include the nesses, to pass what arguably I think and American consumers. United States. both Republicans and Democrats would Why? Free trade not only creates What are the consequences for the say is apt to have the most immediate, new, high-paying jobs/it helps preserve United States? The European Union, positive impact in terms of our econ- existing jobs. When high trade barriers Japan and developing countries will omy and in terms of jobs and produc- prohibit U.S. companies from exporting have a greater influence in shaping tivity. to a foreign market, the company will world trade policies. Should we trust I have a letter from one of Nebras- choose to relocate in that other coun- Japan and the European Union to ad- ka’s significant engineering companies try in order to sell its product. vance our interests? How hard will pointing out, quite correctly, that The United States has one of the they push for opening markets? there is an urgency to this legislation. most open economies in the world. Our I ask my colleagues who voted There are jobs hanging in the balance, average tariff is about 2.8 percent. The against fast track because of labor and there is productivity hanging in the world average is 12 percent. Fifty years environmental concerns, how hard do balance, there is safety hanging in the ago it was 48 percent. Many other you think other nations will push for balance. There are lot of things that countries have virtually closed mar- raising these standards? I ask my col- need to be done that we are not going kets. According to the World Bank, for leagues from rural states, do you trust to be able to do if this piece of legisla- instance, China’s average tariff is 23 the European Union and Japan to push tion is delayed. percent. Thailand’s is 26 percent, the for open markets at the 1999 WTO agri- I voted yesterday to rename the Na- Philippines 19 percent, Peru almost 15 culture talks? tional Airport in favor of Ronald percent, and Chile has a flat 11 percent Only our President can advance our Reagan. I am a Democrat. There were tariff. interests. Only the United States can many of us who said, oh, my gosh, do It can be difficult for American com- influence other countries to improve we have to put a Republican name up panies to export to a country like their environment and labor standards, on our airport? Ronald Reagan was one China, that places a 23 percent tariff on to improve human rights, and to em- of the most important Presidents of our goods. The tariff prices our goods brace democracy through international this century. It was an important piece out of the market. So these companies trade. That is why the President of legislation. But relative to ISTEA, it move their plant to China and avoid should renew his effort for fast track is not as important. When you size and paying the tariff. authority and Congress should pass it scale these things in terms of the con- The preferred alternative—for Amer- this year. tribution they are going to make to ican workers—is negotiating with Congress also included a reauthoriza- keep our people safe, to give our kids a China to lower its tariffs. Bring their tion of the Trade Adjustment Assist- good education, to give Americans a tariffs down to our level. Then the ance program in the Senate’s fast shot at the American dream, ISTEA companies can stay here—employ track bill. This program assures that gives them that opportunity. ISTEA American workers—and export their every American who loses their job due gives us jobs; it gives us a chance to goods to China. It’s a ‘‘no-brainer.’’ to a free trade agreement receives the maintain our competitive edge. But we can not negotiate these tar- job training and assistance they de- I hope there is some reconsideration iffs down without fast track authority. serve. No American will be left behind given. I hope that the advice that was That is why fast track is so important. offered earlier by the distinguished by our participation in the global econ- It leads to lower tariffs in foreign coun- senior Senator from West Virginia, Mr. omy. My second initiative is to secure tries and the preservation of American passage of the TAA this year. BYRD, that this legislation be brought MY third priority is to keep markets up sooner rather than later will be jobs. Fast track also leads to the creation open the troubled Southeast Asian taken by the majority leader. Mr. President, I yield the floor and I of new jobs. Exports already support 11 countries. I support IMF assistance of suggest the absence of a quorum. million jobs in the U.S. Each addi- the nations in crisis. But as part of the The PRESIDING OFFICER. The tional $1 billion in exports creates be- economic reforms that the IMF re- clerk will call the roll. tween 15,000 and 20,000 new jobs. These quires, we must insist that the Asian The legislative clerk proceeded to jobs pay 15 to 20 percent higher than countries open their markets to our ex- call the roll. non-export related jobs. And, in Iowa, ports. Mr. GRASSLEY. Mr. President, I ask companies that export provide their Countries have a natural inclination unanimous consent that the order for employees 32 percent greater benefits to close their markets in time of crisis. the quorum call be rescinded. than non-exporters. But this only accelerates the downward The PRESIDING OFFICER. Without All of this is in jeopardy without fast spiral they find themselves in. For objection, it is so ordered. track. And it is the American worker their own good, they should resist the Mr. GRASSLEY. I ask unanimous who will suffer. temptation to raise trade barriers. consent to speak for 10 minutes as in Mr. President, what I am most con- Also, some of these countries will at- morning business. cerned about is the vacuum of leader- tempt to increase their exports to our

VerDate Mar 15 2010 00:33 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\1998SENATE\S05FE8.REC S05FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 5, 1998 CONGRESSIONAL RECORD — SENATE S443 market in order to help their econo- consumers. Trade has contributed sig- the lawyers in the suit—not a dime. mies. If that’s the case, they have a nificantly to our strong economic The entire amount went to lawyers and moral obligation to open their markets growth and record low unemployment. the research foundation. It is clear to our exports. And I will work to I will continue to pursue an agenda of what happened—lawyers, $49 million; make sure that happens. free and fair trade through this Second clients, $0, and that is the way the Last week I joined with 19 of my fel- Session of the 105th Congress. score usually turns out. low senators on a letter led by Sen- The PRESIDING OFFICER. The Sen- The litigation machine grinds on and ators ROBERTS and BAUCUS requesting a ator from North Carolina. on, long after settlements. More law- meeting with Treasury Secretary Mr. FAIRCLOTH. Mr. President, the suits, more billable hours and more at- Rubin to discuss the pervasive trade majority leader had programmed a torney’s fees. It goes on into infinity. barriers that remain in the Asian coun- short talk but I don’t see him, so I will The flight attendants’ own lawyers tries. Hopefully, that meeting will lead go ahead with mine, if I may. sold them out for a quick buck—$49 to a cooperative effort between Con- Mrs. BOXER. Reserving the right to million to be exact. gress and the administration to remove object, may I ask my friend if he, in his This is not an isolated case. The these barriers. request to speak, would add that I may Texas Attorney General agreed to pay The fourth area I will be focusing on speak for no more than 5 minutes fol- lawyers close to $2.2 billion, 15 percent in 1998 persuading our trading partners lowing his remarks? of the settlement that Texas was able to live up to the commitments they Mr. FAIRCLOTH. Is the request you to negotiate with the tobacco compa- have made in prior trade agreements. may speak following my remarks? It’s nies—$2.2 billion to the lawyers. Getting a good agreement is one thing. absolutely fine with me, but as I said, The lawyers involved in the settle- But we must demand compliance with the majority leader was supposed to ment of the Florida suit claimed $2.8 our agreements on a daily basis. Many speak for 5 minutes. But if he’s not billion, 25 percent of the entire settle- ment. The settlement was $11.3 billion, markets we thought we had opened are here, that’s fine. the lawyers want $2.8 billion. still closed. Mrs. BOXER. If you want to amend it The judge in the Florida case said I will monitor our existing agree- so he can, if he does arrive, speak be- that their demands were ‘‘unconscion- ments and strongly urge the adminis- fore I speak, that’s not a problem at able.’’ Certainly they are. They are un- tration to bring enforcement actions all. I will then withhold until he com- reasonable. But that didn’t stop the when necessary. Trade agreements pletes and take my 5 minutes at that trial lawyers. They were not going to aren’t worth the paper they are written time. let a judge stand between them and $2.8 Mr. FAIRCLOTH. Thank you. on unless we put some force behind billion. They could see the red meat. The PRESIDING OFFICER. Without them. That didn’t stop the trial lawyers. The last two initiatives I will pursue objection, it is so ordered. They filed a lien to prevent the State in 1998 involve agriculture trade, which f from collecting its first $750 million is so important to my state and many ATTORNEY FEES AND THE payment until they were paid. If they others. Exports now account for over TOBACCO SETTLEMENT couldn’t get the big money for them- 30% of farm income in this country. selves, neither did they want the chil- Take away foreign markets, and we’d Mr. FAIRCLOTH. Mr. President, I rise to say a few words about attorney dren of the State of Florida to have it. have to idle one-third of America’s pro- One Mississippi lawyer is busy lining fees and the proposed Senate bill, S. ductive cropland. up a $1.39 billion payment. He admits 1570. The Public Health Funds Preser- In recognition of the importance of that he spent at most $10 million on vation Act, which is better known as foreign trade to the agriculture econ- the case. This lawyer says that the fee omy, last year Senator DASCHLE and I the Tobacco Settlement Act, limits at- might seem a little obscene. These fees introduced S. 219 a bill creating a ‘‘Spe- torney’s fees, and only if there is a to- have simply gotten out of control. cial 301’’ process for agriculture. This bacco settlement. It limits their fees, Mr. President, this is a pillaging new 301 procedure requires the U.S. the bill that I have introduced, to $125 spree and nothing more. These trial Trade Representative to identify and per hour plus court-approved expenses. lawyers rival Genghis Khan or any remove the most onerous barriers to This is not something that we came other raider that ever went after a pile U.S. ag exports. It will put other coun- upon. This is the same rate that Con- of money. tries on notice that we are serious gress set for lawyer fees in suits filed The trial lawyers are intent on plun- about gaining access to their markets. against the Federal Government. So dering. They are now stealing from the This bill was made part of the fast this is an accepted and nationally public health trust. That is exactly track legislation that was on the floor known attorney fee, $125 an hour. what they are doing if this Tobacco of the Senate at the end of last year. It For trial lawyers, this debate is not Settlement Act comes about. They are is my intent to move this bill again as about public health, it is about private simply stealing from the trust that we a part of fast track legislation or inde- greed. It is about creating instant bil- will be putting up for the public health pendently, if necessary. lionaires. It is about using the public and for the children. After all, some of Finally, agriculture is preparing for funds to create instant billionaire trial them have already filed liens to pre- another round of market access nego- lawyers. It’s a huge pot of money, bil- vent the public health payments until tiations at the World Trade Organiza- lions of dollars, and it is wanted to they have been paid. tion beginning in 1999. These talks will fund frivolous lawsuits far into the 21st Mr. President, I say it is time to lay down the rules on agriculture trade century. As long as you pay lawyers, stop. This bill will do that. The tobacco for the next century. I pledge to work you will have lawsuits. At the rate settlement is a settlement to ensure with the administration to ensure the these are being paid, we will have law- medical care and future help of people United States sets the agenda for these suits into infinity. who might have been affected by to- talks. Let me mention a few cases that re- bacco. It is not a lottery for trial law- Our trading partners do not nec- veal the real motive of the trial law- yers. My bill makes sure the focus essarily want to remove their barriers yers. This is a typical example of how stays on children and not on lawyers. to our ag exports. Because our farmers this group works. The trial lawyers ne- The trial lawyers want to play ‘‘Wheel produce the highest quality products at gotiated a $349 million settlement with of Fortune’’ with our money. Well, I the lowest cost. So American farmers the tobacco companies in the so-called say, no, it is not their money. Let’s will gain access to new markets only if ‘‘flight attendants case.’’ stop the scrambling for dollars and the the United States leads these negotia- These were flight attendants who greed. Public health versus private tions and persuades other countries to said they had been affected by sec- greed—let’s get on with the public open their markets. ondary smoke. They won the $349 mil- health part of it and put some re- Mr. President, free and fair trade cre- lion: $300 million went to a new re- straints on the private greed. That is ates good, high-paying jobs. It raised search foundation, and the lawyers where we should draw the line. the income of our farmers and the took $49 million. Not one dime did a Mr. President, I thank you, and I standard of living for our workers and single flight attendant get because of yield the floor.

VerDate Mar 15 2010 00:33 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\1998SENATE\S05FE8.REC S05FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S444 CONGRESSIONAL RECORD — SENATE February 5, 1998 Mrs. BOXER addressed the Chair. respect for people who hold a view and being the victim of an explosive The PRESIDING OFFICER. The Sen- other than mine. Mine is a pro-choice device, a bomb. It may well be that the ator from California is recognized for 5 view. Mine is a view that holds that people who perpetrated this, per- minutes. Roe v. Wade was a balanced, moderate petrated other attacks. We don’t know Mrs. BOXER. Thank you very much, decision that weighed the rights of ev- that for sure, but we do know one Mr. President. I want to take 5 minutes eryone involved and basically says that thing. There was a written message out of the debate on this very impor- previability, a woman has this right to that this isn’t where they are going to tant bill. I commend my colleague, choose, it is a personal decision and stop. There can be no quarter for these Senator FEINSTEIN, for her leadership Government isn’t involved, but people in this country. It is cowardly in explaining why it is important, postviability, indeed, the Government to do what they did. when we legislate, particularly on a can come in and regulate as long as her We have a law that says it is a Fed- matter of science, that we know ex- life and her health are protected at all eral crime to do what they did. We actly what we are doing and that we times. need to prevent these things from hap- don’t pass a bill that will have unin- But I think what is key here is that pening by devoting more resources, and tended consequences which could lead when someone explodes a bomb in a I call on the Attorney General to do to setting back help to people who need clinic, this is a violent act. This is not that. We can’t leave policemen alone it who are ill. I just wanted to mention about philosophy, because violence is facing these terrorists. We can’t leave that. not a form of speech. Violence is not a clinic workers alone facing these ter- f form of speech. Violence is criminal. rorists. We can’t leave patients alone Violence maims, violence kills, and vi- facing these terrorists. We need the CONDEMNING CLINIC BOMBING olence hurts the very people who are help of the Federal Government. We Mrs. BOXER. Mr. President, earlier trying to carry out that cause in a pay taxes for that. This is an explosive today, I submitted a resolution, Senate peaceful manner. device. This is not only breaking one Resolution 173. It is very straight- I respect those with a different view, Federal law, but more than one Federal forward. It condemns last week’s tragic but I have no respect for anyone in this law. bombing of a reproductive health serv- country, regardless of their view, who So I am proud, again, to be joined by ices clinic in Birmingham, AL. As most ever resort to violence as a form of my distinguished colleagues in offering of us know, this vicious and speech. This resolution is not about this resolution. I plan to speak with unprovoked attack killed a police offi- choice, it is about violence. both leaders, Leader LOTT and Leader cer and critically injured a clinic work- I know that there is not a single one DASCHLE, about setting aside some er. We already know that clinic worker of my colleagues who believes that time to condemn this violence, to lost one eye, and I watched her an- murder, bombing and terror and acts of stand up for the people of this country guished husband talk about the possi- intimidation are appropriate ways to and say, whatever your view, we re- bility that she might have an operation express political views. I know that, spect it; however, violence will not be on the other eye as well. Mr. President. This Congress stands tolerated in this country. I am very proud that this resolution firm on saying if you commit one of I think if we did this in a bipartisan that I have submitted is bipartisan. I these acts, it is a Federal crime. These way, it would send a clear signal to submitted it on behalf of myself and bombings are part of a terrorist cam- anyone in our country who would even Senator CHAFEE, Senator SNOWE, Sen- paign, a campaign designed to destroy consider making violence a form of ator MIKULSKI, Senator JEFFORDS, Sen- a woman’s right to choose through vio- speech. ator LAUTENBERG, Senator MURRAY, lence, making her afraid to go to a I thank the Presiding Officer, and I Senator BOB KERREY, Senator COLLINS clinic maybe just to get a Pap smear. yield the floor. and Senator MOSELEY-BRAUN. Maybe it is her only line of health care. The Senator from Florida. Last week’s attack was the first clin- Maybe she wants to find out how she The PRESIDING OFFICER. The Sen- ic bombing in the United States to can conceive, so she goes to a clinic. Or ator from Florida. cause a death, but, unfortunately, it maybe she is exercising her right to f was far from the first bombing. In re- choose, which is the law of the land. cent years, reproductive health serv- The U.S. Senate must condemn these HUMAN CLONING PROHIBITION ices clinics have been the targets of an attacks as strongly and unequivocally ACT—MOTION TO PROCEED unprecedented reign of terror. Last as we condemn other acts of terrorism. Mr. MACK. What is the pending busi- year alone, clinics in Atlanta, GA, and When we hear about other acts of ter- ness before the Senate? in Tulsa, OK, were bombed, resulting in rorism, whether in America or around The PRESIDING OFFICER. The mo- many, many serious injuries. the world, we are down here with a res- tion to proceed to S. 1601. The reign of terror began with the olution of condemnation. Well, we Mr. MACK. Thank you, Mr. Presi- murder of Dr. David Gunn in Pensa- should be down here now. dent. cola, FL, in 1993. A second abortion I am proud of the number of cospon- I want to begin my comments by provider and his security guard were sors I have. I invite my colleagues who making it clear, like I suspect every- shot and killed the following year in may be listening to please join in. You one in the U.S. Senate, that I am Florida, and on the bloodiest day of the need to be on the side of protecting the against human cloning. I have not real- antichoice terror campaign, two clinic people whom you represent as they ex- ly found too many people who have workers were killed and five injured in ercise their constitutionally given come forward with a statement saying vicious cold-blooded shootings in rights. that they are for human cloning. I am Brookline, MA. In addition to condemning this at- opposed to human cloning. So, let me All told—all told—over 1,800 violent tack, this resolution expresses the make that clear at the beginning of the attacks have been reported at repro- sense of the Senate that the Attorney discussion. But, there is much more to ductive health services clinics in re- General should fully enforce existing this debate than as to whether one is cent years. If I succeed in doing any- laws to protect the rights of American for or against human cloning, and I thing with this resolution, it is to women seeking care at these reproduc- think it is important that we get be- make my colleagues aware that the at- tive health care clinics. Again, we yond that. tacks and the level of violence in those passed a law. It is a Federal crime to I agree with those who have indi- attacks are increasing every year. do violence at these clinics. We need to cated earlier in the day that, frankly, I know that reproductive choice is a enforce that law. We need to protect we need to delay this debate, we need contentious issue. It was decided by these clinics. We need to devote more to delay this legislation. You might the Supreme Court in Roe v. Wade in resources. say, ‘‘Well, why?’’ Certainly the indi- 1973. There are people who agree with Here is a policeman, alone, viduals who engaged in producing the the decision; there are people who dis- unsuspecting, getting caught up in a legislation are thoughtful, serious peo- agree with the decision. And believe bombing of a clinic, dying, leaving his ple. I do not question that, nor do I me, Mr. President, I have the deepest family, all alone, watching a clinic, question their intentions. But what

VerDate Mar 15 2010 00:33 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\1998SENATE\S05FE8.REC S05FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 5, 1998 CONGRESSIONAL RECORD — SENATE S445 they have proposed I think has tremen- about here, because if they had, just to eases. But there are certain things we dous risks. use one disease—cystic fibrosis—think cannot do, even as we seek, in the long I will read from just a couple of let- about what it would be like if you were run, to save lives. As shown by recent ters that I have received from Nobel the parent of a child with cystic fibro- scandals concerning studies at laureates. One of the letters indicates— sis that had been denied a treatment Tuskegee Institute and elsewhere, in and this is from Dr. Paul Berg, Stan- that was developed as a result of going which people were denied treatment for ford professor, Nobel laureate, chem- forward with recombinant DNA. serious ailments in the name of istry, 1980. In his letter he says: What was developed enhanced the science, most people, most of the time, The bill sponsored by Senators BOND, ability of the lung to function as a re- recognize the moral limits to scientific FRIST, GREGG and others, if passed, would be sult of the discovery. Back in 1971, no and medical research. the first to ban a specific line of research. one had even an idea where that re- But we cannot always trust in the A specific line of research. Not the search might have taken us. But in ret- good judgment of the scientist. In some end result, but the specific line of re- rospect we can see that the foundation extreme cases we, the people’s legisla- search would not be permitted. has been built for the future research ture, must see to it that certain prac- And he goes on to say: that may in fact find better treat- tices are not undertaken. Human I believe this is a serious mistake, one that ments, whether that is cancer, whether cloning is one of those practices. No we could regret because of its unintended im- that is diabetes, whether that is Par- man or woman, not even a scientist, plications for otherwise valuable biomedical kinson’s disease, whether that is AIDS, has the capacity to manipulate the research. whether that is sickle-cell anemia. And very nature and existence of human He goes on in the letter to say: I could go on and on and on. life in a moral manner. Plants, animals At the same time, any legislation should So, Mr. President, all I am saying and even discrete human cells may be not impede or interfere with existing or po- here today, and to my colleagues, is the proper subjects of research, but to tential critical research fundamental to the prevention or cure of human disease. that if there is not a change in this leg- attempt to create a human being, as islation, then I am going to have to op- the product of scientific experiment, In another letter, from J.M. Bishop, pose the legislation. I understand that risking that that product may be seen Nobel laureate, university professor, the majority leader will be coming to as something other than a living, sen- University of California, San Fran- the floor shortly to file a cloture mo- tient human being, is simply not ac- cisco: tion. I would have to vote against clo- ceptable. The fundamental flaw in this legislation is ture if this legislation is not changed. the prohibition of a technology irrespective Mr. President, we are not now, nor of its application. Such prohibition fore- I frankly believe that the most signifi- will we ever be, morally capable of closes on any benefit from the technology, cant thing we could do would be to manufacturing life, or of making ex- even if that benefit were in no way objec- delay so that in fact we could hear periments on the human soul. tionable. Many well-intentioned people fail from both sides on this issue. It is because I value life, each and to understand that somatic cell nuclear Again, the debate really isn’t wheth- every human life that comes into this transfer is not limited to cloning an orga- er there should be human cloning. I world, that I have joined with my col- nism. There are many examples of possible think most people in this country league from Missouri in sponsoring this future applications of this technology to clearly have said we should not do legislation to ban, now and for the fu- produce healthy tissue for therapeutic pur- poses, such as skin grafts for burn patients, that, that it should be banned. But ture, any attempt at human cloning. or even to create insulin-producing cells for what we are debating is the potential Now is not the time, Mr. President, diabetics. There may also be applications for outcome of the language that is put for our Nation to create, or rather add cancer patients who need a bone marrow into legislative form that would limit to, an atmosphere in which human life transplant for whom a match cannot be the scientists of our country, limit is valued for anything other than found. them in their ability again to find itself. Each of us is unique and unique- Mr. President, I suggest that if time cures, possibly, and certainly better ly valuable. Our laws recognize this, had permitted and if there had been treatments for the diseases that face providing as they do for due process greater warning that this legislation our families, our children and our and equal protection of every one of us. was going to come to the floor, I could grandchildren. Our religions are based on this under- virtually fill up the CONGRESSIONAL So, Mr. President, I sincerely hope standing of the individual as the crea- RECORD with those individuals who that either we find some way to correct ture of God. We must see to it that our have serious concerns about what this the legislation before us or that we science also recognizes the intrinsic legislation would do. And the same delay this so that not only the sci- value of every human life. group of people would make the state- entific community can have an oppor- Science has been of great service to ment they are opposed to human tunity for input but also for patient mankind. It will continue to improve, cloning. groups. I think they ought to have an protect and save lives, so long as we I must admit that I have more than opportunity to come before the Con- recognize our duty to see that sci- just a casual interest in this legisla- gress at our hearings and let them entists abide by their duty to serve, tion. I have been deeply involved in raise their concerns about what might and not manipulate, each and every trying to understand basic research as be done to maybe one area of hope that human being. it relates most specifically to finding they have about better treatment or a Mr. President, I yield the floor and cures and better treatments for cancer. cure. suggest the absence of a quorum. I am terrified at the thought that this Mr. ABRAHAM. Mr. President, I rise The PRESIDING OFFICER (Mr. legislation could move forward without in support of legislation to place a per- HAGEL). The clerk will call the roll. the opportunity for there to be in- manent ban on the unethical, immoral The bill clerk proceeded to call the depth scientific debate before commit- pursuit of human cloning. roll. tees of the Congress of the United I do not believe, Mr. President, that Mr. LOTT. I ask unanimous consent States about what this legislation the fact that a thing is possible makes that the order for the quorum call be would do. it desirable. The study of ethics is rescinded. I just say to people that, if you go filled with things we can do, but should The PRESIDING OFFICER. Without back into the early 1970s, 1971, I be- not do. The subject of cloning presents objection, it is so ordered. lieve, regarding the issue of recom- an obvious example along these lines. Mr. LOTT. Mr. President, I believe binant DNA, there were horror stories And I believe it is necessary for us to the Senate has already had a healthy that were told about recombinant DNA face the problem head-on. debate on the cloning legislation and I research. There were all kinds of fears Genetic research has been crucial to thank Senators BOND, FRIST, GREGG that were created. And there were saving thousands upon thousands of and others for their leadership on this places in the country where bans were lives all over the world. It continues to issue. I find it unfortunate that our actually put into place. be an important part of medical re- democratic colleagues have chosen to Well, fortunately, the Congress never search as we look for cures and treat- block consideration of legislation at passed a ban like they are talking ments for cancer and other dreaded dis- this time, even a motion to proceed.

VerDate Mar 15 2010 00:33 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\1998SENATE\S05FE8.REC S05FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S446 CONGRESSIONAL RECORD — SENATE February 5, 1998 Clearly, this is an issue that has Standing Rules of the Senate, do hereby waived and, further, that if cloture is America’s attention. The idea that so move to bring to a close debate on the mo- invoked, the Senate proceed to an im- much progress has been made in the tion to proceed to S. 1601 regarding human mediate vote on the confirmation of cloning area, and that we have doctors cloning. David Satcher to be Assistant Sec- Trent Lott, Christopher S. Bond, Bill or scientists already threatening to Frist, Spencer Abraham, Michael B. retary of HHS and Surgeon General, all clone human beings, is a very serious Enzi, James Inhofe, Slade Gorton, Sam without any intervening action or de- matter from a scientific, medical, Brownback, Don Nickles, Chuck Hagel, bate. I further ask that following the moral and ethical standpoint. I don’t Rick Santorum, Judd Gregg, Rod vote, the President be immediately no- think we can afford to set this issue Grams, Larry E. Craig, Jesse Helms, tified of the Senate’s action, and the aside without some immediate consid- and Jon Kyl. Senate resume legislative session. eration and some immediate attention. Mr. LOTT. Mr. President, I empha- The PRESIDING OFFICER. Without I am very pleased that the Senators size once again that this is only to end objection, it is so ordered. that are involved on both sides of the debate on the motion to proceed. Could Mr. LOTT. Mr. President, I further aisle are obviously very concerned, we at least go to the substance of the ask that there be up to 6 hours for de- very thoughtful, and would like to get bill, and then we can make a judgment bate on the nomination on Monday, an agreement. about whether we have had enough dis- February 9, to be equally divided be- I am particularly pleased that one of cussion, whether we know enough, or tween Senators JEFFORDS and the leaders on our side of the aisle is whether we have amended it appro- ASHCROFT, and that there be 1 hour, Dr. BILL FRIST of Tennessee, one of the priately. We have no option at this equally divided in the same fashion, on Senators who knows the most about point other than to file cloture. Tuesday morning. questions of science. He would never For the information of all Senators, The PRESIDING OFFICER. Without want us to sacrifice appropriate ad- the vote will occur on Tuesday, Feb- objection, it is so ordered. vancements in science and medical ruary 10, at a time to be determined by Mr. LOTT. Once again, Mr. Presi- achievement in any way. The dif- the majority leader after discussion dent, regarding this matter, I want to ference is he really knows what he’s with Senators on both sides of the make it clear that there is no intent to talking about. So, while there are some issue and with the minority leader. rush to judgment here. This nomina- disagreements about how far to go, Mr. President, I ask unanimous con- tion has been pending for quite some what would be appropriate, what would sent that the mandatory quorum under time. There is strong support for this not be appropriate, a lot of good work rule XXII be waived. nomination on both sides of the aisle, has been done. The PRESIDING OFFICER. Without and there are legitimate concerns It seems to me that the thing to do is objection, it is so ordered. about this nominee. I had indicated to go forward. Let’s have a continued Mr. LOTT. I now withdraw the mo- yesterday that we would not go for- debate in addition to what we have al- tion to proceed. ward to a vote until requested informa- ready heard from a half dozen or seven The PRESIDING OFFICER. The mo- tion from the Centers for Disease Con- Senators or so. Let’s have other Sen- tion to proceed will be withdrawn. trol had been received, as requested by ators become informed, read the debate f the Senator from Missouri, Senator we have already had, think about this ASHCROFT. I had FAXed that list to the issue, study the bills, and make rec- CLOTURE MOTION Secretary of HHS, Secretary Shalala, ommendations. If there are amend- and talked to her subsequently on the ments by the Senator from California, NOMINATION OF DAVID SATCHER, OF TENNESSEE, TO BE AN ASSISTANT SECRETARY OF HEALTH telephone. I had been told that there I think they should be offered. Let’s de- AND HUMAN SERVICES, MEDICAL DIRECTOR OF were seven items listed. One of them bate them and let’s think about them. THE PUBLIC HEALTH SERVICE, AND SURGEON had already been provided, one was on This is an issue whose time has GENERAL OF THE PUBLIC HEALTH SERVICE the way, and the other five were being come—maybe sooner than we would Mr. LOTT. Mr. President, as in exec- pursued. I believe that most of that in- have ever dreamed, and maybe in a lot utive session, I ask unanimous consent formation now has been obtained. If of ways we had not anticipated this. that the Senate now resume the nomi- not, there is time for it to be received But if we don’t act, what could be the nation of David Satcher in order for me Saturday, Sunday, or Monday before result? Do we want to allow the possi- to file a cloture motion on the nomina- we get to vote on Tuesday. bility of human cloning to go forward? tion. I urge the White House, the Centers I don’t think so. Leaders in the sci- The PRESIDING OFFICER. Without for Disease Control, and everybody in- entific and medical communities, and objection, it is so ordered. volved, to make that information others, have already indicated their The clerk will report the nomination. available. It was inferred that, well, it concerns about that. The President of The bill clerk read the nomination of might be used against him. I don’t the United States has made it very David Satcher, of Tennessee, to be an know what the information is. It may clear in an early statement that he Assistant Secretary of Health and be used against him. If it is out there wanted to make sure that this human Human Services, Medical Director of cloning did not occur. So I urge the and in the public record or should be in the Public Health Service, and Surgeon Senate—we can go forward with delib- the public record, we need to know General of the Public Health Service. erate speed, which is always the case, that, and we will make a decision. The PRESIDING OFFICER. The We have had time given to this nomi- but we should go forward and not have clerk will report the cloture motion. nation in that it has been pending a this pigeon-holed somewhere in the long time, and now we have had debate bowels of the building for weeks or CLOTURE MOTION pointing out where the problems are months while time and events pass us We the undersigned Senators, in accord- and pointing out the assets of this by. ance with the provision of rule XXII of the Standing Rules of the Senate, do hereby nominee. I think we should not delay it f move to bring to a close debate on Executive any further. It would be my intent to CLOTURE MOTION Calendar Nos. 338 and 339, the nomination of vote for cloture, which I don’t always David Satcher to be Assistant Secretary of do, but I think once you have had ade- Mr. LOTT. Mr. President, I send a HHS and to be Surgeon General. cloture motion to the desk so that we quate time—in fact, I rarely do it, but Trent Lott, James Jeffords, Richard can proceed to the very serious legisla- I think this nominee should have a Lugar, Conrad Burns, Arlen Specter, vote on his nomination. So if we in fact tion on the issue of cloning. Frank H. Murkowski, Ted Stevens, Ted The PRESIDING OFFICER. The clo- Kennedy, Olympia J. Snowe, Susan do come to a final vote on cloture, I ture motion having been presented Collins, Tom Daschle, Paul Wellstone, will vote for cloture. That does not in- under rule XXII, the Chair directs the Herb Kohl, Christopher Dodd, Chuck dicate how I would vote on final pas- clerk to read the motion. Robb, Tim Johnson, and Tom Harkin. sage. I will make that final decision The bill clerk read as follows: Mr. LOTT. Mr. President, I ask unan- based on all the information made CLOTURE MOTION imous consent that the cloture vote available before the vote occurs. But I We, the undersigned Senators, in accord- occur at 11 a.m. on Thursday, February think we should bring it to a conclu- ance with the provisions of rule XXII of the 10, with the mandatory quorum being sion.

VerDate Mar 15 2010 00:33 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\1998SENATE\S05FE8.REC S05FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 5, 1998 CONGRESSIONAL RECORD — SENATE S447 ORDER OF PROCEDURE LEGISLATIVE SESSION resent President Clinton here at this auspi- cious and hopeful time. Mr. LOTT. Mr. President, I would The PRESIDING OFFICER. The Sen- And I’m delighted that my sister Jean is like to announce, for the information ate will now return to legislative ses- here. My family has a great love for this is- of all Senators, that at 3:45 the Senate sion. land from which we come and which for us will receive, on a bipartisan basis, the f will always be a home. Jean visited Ireland Secretary of State in S. 407 for a brief- in 1963 with President Kennedy and I know ing on her recent visit to Europe and SENATOR KENNEDY’S ELOQUENT he would be proud—as all the Kennedys are— the Middle East. Then, also, a number ADDRESS IN NORTHERN IRELAND of the extraordinary work she has done as Mr. DASCHLE. Mr. President, earlier our Ambassador to Ireland. of Senators and House Members will be A President of Harvard is reported to have meeting with Prime Minister Blair in this month, our colleague Senator KEN- said that the reason universities are such the Rayburn Room on the House side NEDY made his first ever visit to North- great storehouses of learning is that every at 4:30. So we would like to make sure ern Ireland. entering student brings a little knowledge that all Senators can attend the brief- On Friday, January 9, in the Guild- in—and no graduating student ever takes ing at 3:45, and since we have such a hall, in the City of Derry, Senator KEN- any knowledge out. large number of Senators that are NEDY delivered the first Tip O’Neill Me- But I’m sure that’s not true at the Univer- morial Lecture, sponsored by the Uni- sity of Ulster. going to be meeting with Prime Min- This institution teaches, in many different ister Blair, it would not be our intent versity of Ulster, the City Council of ways, the most important lesson of all—that to have recorded votes or further sub- Derry, and the U.S. Consulate in Bel- all knowledge is universal and all men and stantive business this afternoon. fast. women are brothers and sisters. Obviously, we still have time for Senator KENNEDY’s leadership on this It was here, in the Guildhall, in November morning business speeches, if Senators issue and his longstanding efforts to 1995 that President Clinton inaugurated the would like to do that. That is why we reach out to both Protestants and Tip O’Neill Chair in Peace Studies. As he are not scheduling anything else this Catholics in Northern Ireland were evi- said on that occasion, ‘‘peace is really the work of a lifetime.’’ afternoon legislatively, because these dent in his remarks and in the warm In that spirit, I come here to give the Tip are very important meetings we have reception he received from both sides O’Neill Memorial Lecture. And it is fitting pending. of the community during his visit. that I do so in this place, because Tip’s an- f For many years, Senator KENNEDY cestral home on his grandfather O’Neill’s has been at the forefront of this coun- side was just down the road in Buncrana. EXECUTIVE SESSION try’s commitment to do all it can to Throughout Tip’s life, Ireland was one of end the violence in Northern Ireland his greatest loves. His Irish smile could light up a living room, the whole chamber of the EXECUTIVE CALENDAR and achieve a lasting peace for that U.S. House of Representatives, and the whole troubled land. I believe all of us in Con- Mr. LOTT. Mr. President, I ask unan- State of Massachusetts. gress share that commitment. imous consent that the Senate imme- One of Tip’s most famous stories was about I commend Senator KENNEDY for his a gift by Henry Ford to help build a new hos- diately proceed to executive session to contribution to the current peace ini- pital in Ireland. His gift was $5,000, but a consider the following nominations: tiative. I believe that his eloquent ad- local newspaper the next day reported that it Four nominations reported by the dress will be of interest to all of us in was $50,000. The editor apologized profusely Armed Services Committee today. Congress and I ask unanimous consent for the mistake, and said he’d run a correc- I further ask unanimous consent that tion right away, explaining that the actual the nominations be confirmed, the mo- that it be printed in the RECORD. gift was only $5,000. It took Henry Ford tions to reconsider be laid upon the There being no objection, the address about one second to realize what was hap- table, any statements relating to the was ordered to be printed in the pening, and he said, ‘‘No, no, don’t run the nominations appear at this point in the RECORD, as follows: correction. I’ll give the $50,000, but on one ADDRESS OF SENATOR EDWARD KENNEDY— condition—that you install a plaque over the RECORD, the President be immediately entrance to the hospital with this inscrip- notified of the Senate’s action, and ‘‘NORTHERN IRELAND—A VIEW FROM AMER- ICA’’ tion—‘‘I came unto you, and you took me then the Senate return to legislative in.’’ TIP O’NEILL MEMORIAL LECTURE, UNIVERSITY session. Tip was scrupulously neutral in the Amer- OF ULSTER, MAGEE COLLEGE, INCORE, GUILD- The PRESIDING OFFICER. Without ican presidential campaign of 1980, when I HALL—DERRY, NORTHERN IRELAND—JANUARY was running for President against Jimmy objection, it is so ordered. 9, 1998 The nominations were considered and Carter. But Tip told me that every night, be- I want to thank Professor Lord Smith and confirmed, en bloc, as follows: fore he went to sleep, he was secretly pray- the University of Ulster’s Initiative on Con- ing that we would have another Irish Presi- IN THE AIR FORCE flict Resolution and Ethnicity, the home of dent of the United States. The prayer was a The following-named United States Air the Tip O’Neill Chair in Peace Studies and little ambiguous—but Tip’s Irish friend Ron- Force officer for appointment as the Vice the Tip O’Neill Fellowship, for inviting me ald Reagan, who eventually won that elec- Chairman of the Joint Chiefs of Staff and for here today. Let me also thank the Deputy tion, was very grateful. appointment to the grade indicated under Mayor, Joe Miller and everyone at Derry This doesn’t quite feel like my first visit to title 10, U.S.C., section 154: City Council for welcoming me to this beau- Derry, since I’ve known John Hume for so To be general tiful city. I’m grateful to Dr. Maurice Hayes long, and I’ve heard him sing ‘‘The Town I Gen. Joseph W. Ralston, 0000. for his generous introduction, and I com- Love So Well’’ so many times. The following-named officer for appoint- mend him and the Ireland Funds for estab- I first met him a quarter century ago, in ment in the United States Air Force to the lishing this living memorial to a great man, the fall of 1972. I was troubled by what had grade indicated while assigned to a position a great friend of mine, and a great friend of been taking place here, and people I knew of importance and responsibility under title Ireland. well in Massachusetts told me to get in 10, U.S.C., section 601: I’m especially honored that Mr. and Mrs. touch with him. I was traveling to Germany Restorick and Mr. and Mrs. McGoldrick have To be lieutenant general for a NATO conference in November of that traveled from Peterborough in England and year. So I called John and he agreed to meet Maj. Gen. Thomas R. Case, 0000. from Craigavon to take part in this occasion. me in Bonn. We had dinner at the home of IN THE ARMY In the face of great personal tragedy, these Ireland’s Ambassador there, Sean Ronan. The following Army National Guard to the two families refuse to hate. They honor their When I signed the Ambassador’s guest book, United States officer for appointment in the sons Stephen and Michael most by their re- I wrote that I hoped to see him again when Reserve of the Army to the grade indicated solve that no other family shall have to suf- there was peace in Ireland. I see Ambassador under Title 10, U.S.C. Section 12203: fer what they endure. Their lives every day Ronan here today, so I’m more hopeful than To be brigadier general are as eloquent as their words here today. ever that lasting peace is finally very close. I’m honored as well that the U.S. Ambas- In the following years, John Hume came to Col. Michael J. Squier, 0000. sador to the U.K., Philip Lader, is with us Washington often, and we would sit together The following Army National Guard of the today. Ambassador Lader has close personal and talk about the Troubles. He has been a United States officer for appointment in the and professional ties to President Clinton, constant voice of reason, an often lonely Reserve of the Army to the grade indicated and I have great respect for his skill and champion of non-violence, a stalwart advo- under title 10, U.S.C., section 12203: judgment. He is perhaps best known in cate of peace. To be Brigadier general America for his ability to bring people to- In 1977, because of John, four Irish-Amer- Col. Robert L. Echols, 0000. gether, and he’s an excellent choice to rep- ican elected officials—Tip O’Neill, Senator

VerDate Mar 15 2010 00:33 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\1998SENATE\S05FE8.REC S05FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S448 CONGRESSIONAL RECORD — SENATE February 5, 1998 Daniel Patrick Moynihan of New York, Gov- Everyone is well aware of the numerous heritage, and succeed in devising new ar- ernor Hugh Carey of New York, and I—joined contributions of Irish immigrants—mostly rangements for this land that will at last forces to condemn the support for violence Catholic—who came to America in the 19th give true effect to our shared ideals. that was coming from the United States, and century, fleeing famine. Many of those fam- Many people have already taken risks for to insist that dollars from America must ine ships left from Derry. But it is often for- peace. John Hume laid the groundwork over never be used to kill innocent men and gotten that more than half of the 44 million many years for the current progress, and is women and children in Northern Ireland. Americans of Irish descent today are Protes- one of the shining apostles of non-violence in And so the Four Horsemen were born, and tants. our century. Gerry Adams and Martin over the years, we acted together on many Most of that Protestant immigration came McGuinness impressively led the way to the occasions to do what we could to advance a in the 1700’s and early 1800’s. As far back as IRA cease-fire of 1994 and its restoration last peaceful resolution of the conflict. the late 1600’s, persecution of Scottish Pres- summer. David Trimble demonstrated gen- Forty-four million Americans are of Irish byterians led many to leave Ulster and seek uine leadership in bringing the Ulster Union- descent. It is no accident that America has religious freedom in the American colonies. ist Party to the peace table. John Alderdice an abiding interest in the island of Ireland— The father of American Presbyterianism was deserves credit for his efforts to bridge the and in the current generation, an abiding born only a few miles from here. Magee Col- gap between the two communities. The rep- commitment to peace and justice in North- lege, our host today, was in fact a training resentatives of the Loyalist paramilitaries— ern Ireland. Over the years, we have wel- college for Irish Presbyterianism. Histori- David Ervine, Gary McMichael and others— comed many leaders of Northern Ireland— cally, the very hallmark of that faith is re- helped achieve the Loyalist cease-fire and from politics, business, churches and com- spect for differences. The Presbyterian tradi- have made ceaseless efforts to maintain it. munities. We have listened to all and tried to tion helped endow America with that re- The Women’s Coalition deserves admiration be a friend to all. spect. It is one of our greatest strengths. and support for participating and perse- When President Clinton took office in 1993, That same basic value—respect for dif- vering—and for demonstrating anew the it was clear that America had a President ferences—is now the key to a better future rightful place of women at the highest level who would go the extra mile for peace—and here as well. of politics. an opportunity soon arose. In December 1993, The impact on America of Scotch-Irish set- The Governments of Bertie Ahern and the Irish and British Governments issued tlers from what is today Northern Ireland Tony Blair have carried the process forward their Downing Street Declaration, which was profound. Large numbers joined our with skill and wisdom. Mo Mowlam is tire- gave birth to the current peace initiative. fight for independence. Five signed the Dec- less in her commitment. George Mitchell’s Soon thereafter, President Clinton was faced laration of Independence. John Dunlap of transatlantic shuttle diplomacy is America’s with a critical decision—whether the goal of Strabane printed the Declaration, and also special gift to the peace process —living ending the violence would be enhanced by established the first daily newspaper in daily proof that the United States not only granting a visa for Gerry Adams to visit the America. cares, but can be scrupulously even-handed United States. I had been receiving reports In the years that followed America’s inde- too. John de Chastelain and Harri Holkeri for several months from a delegation led by pendence, these settlers were instrumental deserve credit for their leadership and pa- journalist Niall O’Dowd that the IRA was se- in founding the Democratic Party in the tience. And numerous others—church leaders rious about silencing the guns. My sister United States. They helped assure the elec- such as Father Alex Reid and Reverend Roy Jean had heard the same reports. tion of two of our greatest Presidents, Thom- Magee—community workers such as Geral- John Hume and Jean both said that a visit as Jefferson and Andrew Jackson. dine McAteer and Jackie Redpath—have by Gerry Adams to the United States could Jackson himself was of Ulster Pres- worked hard and well at building bridges. be very important in achieving a ceasefire by byterian stock and proud of it. As he said on Above all, the people of Northern Ireland the IRA. So I and others in Congress urged a visit to Boston in 1833, ‘‘I have always been deserve credit for never giving up their President Clinton to act favorably. He made proud of my ancestry and of being descended dreams of peace, and for constantly remind- the bold and courageous decision to grant from that noble race. Would to God, Sir, that ing political leaders of their responsibility to the visa, despite advice from some quarters Irishmen on the other side of the great water achieve it. As Yeats wrote, ‘‘In dreams be- in Congress and the Administration that he enjoyed the comforts, happiness, content- gins responsibility.’’ should deny it. The visa was given, the ment and liberty that they enjoy here.’’ There are some who seek to wreck the ceasefire followed, and a new and hopeful pe- Eleven other Presidents of the United peace process. They are blinded by fear of a riod in the history of Northern Ireland was States were of Scotch-Irish heritage, includ- future they cannot imagine—a future in born. ing President Clinton. which respect for differences is a healing and Since then, there have been setbacks along In ways such as these, Protestants of Irish unifying force. They are driven by an anger the way. But America’s interest has not fal- descent have made indispensable contribu- that holds no respect for life—even for the tered, and President Clinton has provided tions to America as a land of freedom and lives of children. continuing encouragement. His visit to this opportunity for all. You are part of our her- But a new spirit of hope is gaining momen- island in November and December of 1995 was itage and history. We are brothers and sis- tum. It can banish the fear that blinds. It a powerful demonstration that America ters, not enemies. The vast—vast—majority can conquer the anger that fuels the mer- cares about peace—and the outpouring of af- of Irish Catholics in America bear you no ill chants of violence. We are building an irre- fection that greeted him from Protestants will. Our hope is that as your ancestors did sistible force that can make the immovable and Catholics alike was an unmistakable for America, you will lead the way to peace object move. sign to political leaders on both sides that and justice for Northern Ireland. In 1968, at a time of unconscionable vio- peace was the people’s priority. It is an apt coincidence that the goal for lence in America, my brother Robert Ken- Today, we stand at a defining moment in the peace talks is to reach a successful con- nedy spoke of the dream of peace and an end the modern epic of this land. The talks that clusion in this year that marks the two hun- to conflict, in words that summon us all to are about to resume offer both a challenge dredth anniversary of the United Irishmen action now: and an opportunity. In the coming crucial Rebellion of 1798. As 1998 begins, we can all ‘‘It is up to those who are here—fellow citi- weeks, the parties will determine whether salute the idealism and courage of those zens and public officials—to carry out that this is a genuine way forward, or just an- leaders two centuries ago—Catholics, Pres- dream, to try to end the divisions that exist other failed station on the way of sorrows. byterians, and Anglicans as one. Their brave so deeply in our country and to remove the To Nationalists who have suffered decades doomed uprising took its immediate inspira- stain of bloodshed from our land.’’ of injustice and discrimination, I say ‘‘Look tion from the French Revolution and its call It is not my plan or place to address the how far you’ve come’’. One need only look for liberty, equality, and fraternity. But details of the talks—that is for the partici- around to see the success of the Nationalist Wolfe Tone, Samuel Neilson, Thomas Rus- pants. But comments from observers may community—what John Hume has done for sell, William Drennan and other members of prove useful as a source of perspective and the peace process and for new investment in the United Irishmen were also well aware of reflection, as a way to dispel distortions and Derry—what Seamus Heaney, Seamus Deane, the Irish role in the American Revolution. misunderstandings and to create possibili- Brian Friel, Frank McGuinness, and Phil For some, the United Irishmen will be re- ties for peace—and above all, to demonstrate Coulter have done for the spirit of Ireland— membered primarily as courageous and inde- as powerfully as we can that America truly North and South. Ireland has its first ever pendent-minded ancestors. Others will cele- cares. President from Northern Ireland. Gerry brate the political philosophy they created. Irish Americans are anything but indif- Adams and other Sinn Fein leaders have The point is that all traditions can draw cur- ferent to what is happening. We have a long- been to Downing Street. You have come so rent inspiration from the vision that guided enduring desire to see peace and prosperity far. Have faith in yourselves and in the fu- their struggle. They believed that the dif- take root here. Our commitment embraces ture. ferent traditions in Ireland were not destined the welfare of all the people of Northern Ire- And to Unionists who often feel afraid of to be enemies, but had a profound shared in- land—and when we say ‘‘all,’’ we mean all. what the future may bring, I recall that you terest in championing and guarding each Whoever we are, wherever we come from, are descendants of the pioneers who helped others’ rights. whatever our differences—there is one self- build America, and now you can be the pio- So I hope that the participants in the cur- evident, fundamental, enduring truth. There neers who build a better future for this is- rent all-important talks can draw inspira- must be no return to violence. Killing pro- land. tion from all these streams of our common duces only more killing. Endless, escalating

VerDate Mar 15 2010 00:33 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\1998SENATE\S05FE8.REC S05FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 5, 1998 CONGRESSIONAL RECORD — SENATE S449 cycles of death and devastation have brought Taking full advantage of this unique op- part of it again, trying to accomplish some- unspeakable human tragedy, deeper division portunity will bring lasting peace, and a gen- thing—something that he did not have time between and within the two great traditions, uine place in history for all those who make enough to do. And, perhaps, that is the rea- and painful stagnation and failed prosperity it happen. Failure to grasp this opportunity son for it all. I hope so.’’ for Northern Ireland. will be devastating. History will harshly Too many lives of too many sons and It does not have to be that way. Addressing judge any who fail the test and waste the de- daughters of this land have been cut short. the Irish Parliament in 1963, President Ken- cisive moment. We must dedicate ourselves to accomplish nedy quoted the famous words of George Ber- I particularly encourage the young people for them what many ‘‘did not have time nard Shaw: ‘‘Some people see things as they of this island to become involved in the work enough to do’’—a lasting peace for Northern are and say, ‘Why?’ But I dream things that for peace. For it is you —even more than Ireland. never were, and I say, ‘Why not?’’’ May those your parents and your grandparents—who Thank you, and may God bless the work words inspire the search for peace today. have the most to gain, and the most to lose. ahead. The present must learn from the past. As As you extend yourselves to reach agree- f the Joint Declaration states: ‘‘the lessons of ment, the United States will exert itself to Irish history, and especially of Northern Ire- build more bridges. Personal bridges. Polit- NOMINATION OF DR. DAVID land, show that stability and well-being will ical bridges. Economic bridges. And be as- SATCHER, TO BE U.S. SURGEON not be found under any political system sured, I will do all in my power to see that GENERAL which is refused allegiance or rejected on the U.S. assumes a central role in providing Mr. CHAFEE. Mr. President, I am grounds of identity by a significant minority economic assistance to implement the agree- pleased to support the nomination of of those governed by it.’’ ment that is reached. Equality and mutual respect are the twin In the closing pages of the Iliad, Priam, Dr. David Satcher for U.S. Surgeon pillars of peace. It is clear that the Nation- the elderly king of Troy, goes to Achilles to General and Assistant Secretary for alist community will never accept a role of beg for the return of his son Hector, whom Health. I have examined his qualifica- subservience to Unionism. And the Unionist Achilles has slain in the war. Achilles, in an tions and achievements, and I believe community will never accept a role of sub- act of simple humanity, gives the old man he has the capacity to serve this coun- servience to Nationalism. the body of his son. try well in the important role of the The obvious and inescapable conclusion is The last lines of Michael Longley’s elo- nation’s top physician. that these two traditions can find a stable quent poem ‘‘Ceasefire’’ draw an analogy On Tuesday of this week, I, along relationship only on a basis of equality and with Northern Ireland. Priam speaks these with Senators GRAHAM and JEFFORDS mutual respect. A successful outcome must words: mean no second-class citizens on this island, ‘‘I get down on my knees and do what must and Representatives MORAN and LEACH, and no second-class traditions either. be done announced the formation of the Con- The peace process does not mean asking And kiss Achilles’ hand, the killer of my gressional Prevention Coalition. Unionists or Nationalists to change or dis- son.’’ Former Surgeon General C. Everett card their identity and aspirations. It means The two communities in Northern Ireland Koop was kind enough to join us at the using democratic methods, not bombs and must reach out and do what must be done— press conference. bullets, to resolve the inevitable differences and join hands across centuries and chasms During the course of his remarks, it and tensions between them. of killing and pain. struck me how greatly we have missed And there is great pain in both commu- However far into the future, whatever the having a national spokesperson on color of the flags, there will be two commu- nities. Families —Protestant and Catholic— nities, each with its own character and its have been denied the bodies of loved ones to health issues the past three years. Dr. own pride, sharing this beautiful piece of bury. Families—like those whose loved ones Koop spoke forcefully about the grave earth. were killed on Bloody Sunday—have been de- health risks posed by tobacco use, lack The heritage of America offers a hope and nied the truth. Families —like those whose of exercise, and poor diet. He didn’t a lesson. The motto of America—to which loved ones died at Enniskillen—have been pull any punches—he gave a stern lec- John Hume has often referred—is the Latin denied justice. Families—enduring genera- ture to all of those present on the dan- phrase ‘‘e pluribus unum’’—out of many, tions of unemployment —have been denied gers inherent in the so-called couch po- one—the whole is greater than the sum of its opportunity. Families—harassed by security forces—have been denied dignity. Families— tato lifestyle. parts. The diversity of America is America’s I have reviewed Dr. Satcher’s state- greatest strength, and the diversity here can victims of punishment beatings—have been be your greatest strength as well. denied justice. Children—Catholic and ments before the Senate Labor Com- As you travel the road together, the choice Protestant—have been denied their future. It mittee, and he clearly is anxious to is whether it will be as wary adversaries for- is time to say enough is enough is enough is start in along the same lines. At his ever fearful of each other, or as friends and enough. It is time to replace hate with hope. confirmation hearing, Dr. Satcher neighbors who agree on fair rules for the My prayer today is that individuals, fami- stressed the importance of disease pre- journey ahead, willing to meet and master lies, and political, religious, business, edu- vention and health promotion. As he fateful challenges together. cational and community leaders across put it, ‘‘Whether we are talking about At its core, the conflict is about each side Northern Ireland will show the forgiveness cherishing its noble ideals, and fearing the and compassion and humanity that John and smoking or poor diets, I want to send other may damage or destroy them. Rita Restorick showed—that Gordon Wilson the message of good health to the If the true goal for each side is the protec- showed—that Joyce McCartan showed—that American people.’’ And I was delighted tion of its rights and aspirations, rather than Michael and Bride McGoldrick showed—that to learn that one of his top priorities in the denial of the rights and aspirations of everyone must show. this role would be to put the health of the other, then surely there is a high and Like so many of you here, my family has our children and grandchildren in the common ground. Protecting the rights of been touched by tragedy. I know that the national spotlight. To my view, all of both sides, based on principles of equality feelings of grief and loss are immediate—and and mutual respect, is the surest path—per- they are enduring. The best way to ease these matters fall directly within the haps the only path—to peace. these feelings is to forgive, and to carry on— job description of a U.S. Surgeon Gen- I appeal to the talks participants to ask not to lash out in fury, but to reach out in eral. nothing for their own side they are not pre- trust and hope. As I said, we have been without a pared to grant to the other—and to ask noth- So in closing, let me share with you a let- Surgeon General for three years now— ing from the other side they would not ac- ter my father wrote in 1958 to a friend whose a period of time when we have been cept for their own. Let us make that prin- son had died. Fourteen years earlier, my old- confronted with a staggering array of ciple the Golden Rule for the road to peace— est brother Joe had been killed in World War public health issues. The need for a II. Ten years earlier, my oldest sister Kath- to do unto others as we would have them do Surgeon General has never been great- unto us. leen had been killed in an airplane crash. My I urge everyone involved in the peace proc- father wrote to his grieving friend: er, as we are seeing an increase in ess to approach the talks with a view to giv- ‘‘There are no words to dispel your feelings smoking among high school seniors, ing as much as they can, rather than as little at this time and there is no time that will widespread substance abuse, con- as they think they can get away with. In the ever dispel them. Nor is it any easier the sec- tinuing struggles with AIDS, and a words of Seamus Heaney, you must ‘‘walk on ond time than it was the first. And yet, I startling rate of obesity among young- air, against your better judgment.’’ cannot share your grief because no one could sters. And as we consider the potential As we come to a new century, the three share mine. When one of your children goes consequences of human cloning re- basic relationships—within the North, be- out of your life, you think of what he might tween North and South, and between Britain have done with a few more years and you search, I know that I, for one, would and Ireland—can be transformed. Hatred and wonder what you are going to do with the benefit from the perspective that a injustice can be replaced with respect and rest of yours. Then one day, because there is Surgeon General could bring to this equality. a world to be lived in, you find yourself a issue.

VerDate Mar 15 2010 00:33 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\1998SENATE\S05FE8.REC S05FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S450 CONGRESSIONAL RECORD — SENATE February 5, 1998 Several of my colleagues have ex- sage from the President of the United MEASURES PLACED ON THE pressed their misgivings about this States submitting sundry nominations CALENDAR nomination. Some have raised concerns which were referred to the appropriate The following bill was read the sec- about Dr. Satcher’s views on late term committees. ond time and placed on the calender: abortions. Others have questioned his (The nominations received today are S. 1611. A bill to amend the Public Health role in a series of AZT trials that were printed at the end of the Senate pro- Service Act to prohibit any attempt to clone conducted in Africa. As Senator JEF- ceedings.) a human being using somatic cell nuclear FORDS, the Chairman of Labor Com- f transfer and to prohibit the use of Federal mittee, and Senator FRIST, the Chair- funds for such purposes, to provide for fur- man of the Public Health and Safety MESSAGES FROM THE HOUSE ther review of the ethical and scientific Subcommittee, stated during the de- At 12:02 p.m., a message from the issues associated with the use of somatic cell bate on the nomination yesterday, nuclear transfer in human beings, and for House of Representatives, delivered by other purposes. however, these are not new charges. In- Ms. Goetz, one of its reading clerks, an- f deed, each of these issues was raised by nounced that the House has passed the the Committee during Dr. Satcher’s following joint resolution, in which it ENROLLED BILLS PRESENTED confirmation hearing, and it’s my un- requests the concurrence of the Senate. derstanding that he responded satisfac- The Secretary of the Senate reported H.J. Res. 107. Joint resolution expressing that on February 5, 1998 he had pre- torily. Indeed, his answers on these and the sense of the Congress that the award of other matters have been available to sented to the President of the United attorney’s fees, costs, and sanctions of States, the following enrolled bills: all Senators and the American people $285,864.78 ordered by United States District for some months now via the internet. Judge Royce C. Lamberth on December 18, S. 1349. An act to authorize the Secretary Dr. Satcher’s participation in many 1997, should not be paid with taxpayer funds. of Transportation to issue a certificate of aspects of the health care system—pro- documentation with appropriate endorse- At 1:59 p.m., a message from the ment for employment in the coastwise trade vider, scientist, public and private ad- for the vessel Prince Nova, and for other pur- ministrator—give him the extensive House of Representatives, delivered by poses. knowledge and experience necessary to Mr. Hays, one of its reading clerks, an- S. 1575. An act to rename the Washington fulfill his role as the U.S. Surgeon Gen- nounced that the House has passed the National Airport located in the District of eral. He has dedicated his career to im- following bill, without amendment: Columbia and Virginia as the ‘‘Ronald proving public health. S. 1575. An act to rename the Washington Reagan Washington National Airport.’’ I urge my colleagues to join me in National Airport located in the District of f voting in favor of Dr. Satcher’s nomi- Columbia and Virginia as the ‘‘Ronald EXECUTIVE REPORTS OF nation. Reagan Washington National Airport.’’ COMMITTEES f At 3:02 p.m., a message from the The following executive reports of THE VERY BAD DEBT BOXSCORE House of Representatives, delivered by committees were submitted: Mr. HELMS. Mr. President, at the Mr. Hays, one of its reading clerks, an- By Mr. THURMOND, from the Committee on close of business yesterday, Wednes- nounced that the Speaker has signed Armed Services: day, February 4, 1998, the Federal debt the following enrolled bills: The following named United States Air stood at $5,475,809,861,023.23 (Five tril- S. 1349. An act to authorize the Secretary Force officer for appointment as the Vice lion, four hundred seventy-five billion, of Transportation to issue a certificate of Chairman of the Joint Chiefs of Staff and for eight hundred nine million, eight hun- documentation with appropriate endorse- appointment to the grade indicated under dred sixty-one thousand, twenty-three ment for employment in the coastwise trade title 10, U.S.C., section 154: dollars and twenty-three cents). for the vessel Prince Nova, and for other pur- To be general One year ago, February 4, 1997, the poses. Gen. Joseph W. Ralston, 0000. S. 1575. An act to rename the Washington Federal debt stood at $5,300,797,000,000 The following named officer for appoint- National Airport located in the District of ment in the United States Air Force to the (Five trillion, three hundred billion, Columbia and Virginia as the ‘‘Ronald grade indicated while assigned to a position seven hundred ninety-seven million). Reagan Washington National Airport.’’ Five years ago, February 4, 1993, the of importance and responsibility under title 10, U.S.C., section 601: Federal debt stood at $4,173,289,000,000 At 3:31 p.m., a message from the (Four trillion, one hundred seventy- House of Representatives, delivered by To be lieutenant general three billion, two hundred eighty-nine Ms. Goetz, one of its reading clerks, an- Maj. Gen. Thomas R. Case, 0000. million). nounced that the House has passed the The following Army National Guard of the Ten years ago, February 4, 1988, the following bill, in which it requests the United States officer for appointment in the Federal debt stood at $2,458,727,000,000 concurrence of the Senate: Reserve of the Army to the grade indicated under title 10, U.S.C., section 12203: (Two trillion, four hundred fifty-eight H.R. 2846. An act to prohibit spending Fed- To be brigadier general billion, seven hundred twenty-seven eral education funds on national testing million). without explicit and specific legislation. Col. Michael J. Squier, 0000. Fifteen years ago, February 4, 1983, The following Army National Guard of the f the Federal debt stood at United States officer for appointment in the $1,198,779,000,000 (One trillion, one hun- MEASURES REFERRED Reserve of the Army to the grade indicated dred ninety-eight billion, seven hun- under title 10, U.S.C., section 12203: The following joint resolution was dred seventy-nine million) which re- To be brigadier general read the first and second times by flects a debt increase of more than $4 unanimous consent and referred as in- Col. Robert L. Echols, 0000. trillion—$4,277,030,861,023.23 (Four tril- dicated: (The above nominations were re- lion, two hundred seventy-seven bil- ported with the recommendations that lion, thirty million, eight hundred H.J. Res. 107. Joint resolution expressing the sense of the Congress that the award of they be confirmed.) sixty-one thousand, twenty-three dol- attorney’s fees, costs, and sanctions of f lars and twenty-three cents) during the $285,864.78 ordered by United States District past 15 years. Judge Royce C. Lamberth on December 18, INTRODUCTION OF BILLS AND f 1997, should not be paid with taxpayer funds; JOINT RESOLUTIONS to the Committee on the Judiciary. MESSAGE FROM THE PRESIDENT The following bills and joint resolu- The following bill was read the first tions were introduced, read the first A message from the President of the and second times by unanimous con- and second time by unanimous con- United States was communicated to sent and referred as indicated: sent, and referred as indicated: the Senate by Mr. Williams, one of his H.R. 2846. An act to prohibit spending Fed- By Mr. LEAHY (for himself and Mr. secretaries. eral education funds on national testing FEINGOLD): EXECUTIVE MESSAGE REFERRED without explicit and specific legislation; to S. 1612. A bill to provide for taxpayer re- As in executive session the Presiding the Committee on Labor and Human Re- covery of costs, fees, and expenses under sec- Officer laid before the Senate a mes- sources. tion 504 of title 5, United States Code, and

VerDate Mar 15 2010 00:33 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\1998SENATE\S05FE8.REC S05FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 5, 1998 CONGRESSIONAL RECORD — SENATE S451 section 2412 of title 28, United States Code, caused by rogue IRS personnel who mission recently proposed numerous and for other purposes; to the Committee on used the awesome resources of that reforms to make the IRS more effec- the Judiciary. agency to punish them. tive and responsive to taxpayers. I By Mr. FEINGOLD: Probably the saddest part about what commend Senators KERREY and GRASS- S. 1613. A bill to reform the regulatory process, and for other purposes; to the Com- we heard was that these good Ameri- LEY, who served on this bipartisan mittee on the Judiciary. cans, taxpayers, felt powerless to even commission, for introducing legislation By Mr. CAMPBELL: question or fight back against their to implement many of its recommenda- S. 1614. A bill to require a permit for the own Government. I believe, as many of tions. I am a cosponsor of the IRS re- making of motion picture, television pro- my colleagues from both sides of the form bill that they have introduced, gram, or other form of commercial visual de- aisle do, that Congress needs to reform and I hope the Senate’s majority lead- piction in a unit of the National Park Sys- the IRS and stop these abuses from ership will allow this bill to come to a tem or National Wildlife Refuge System; to ever happening again. vote soon to put these taxpayer protec- the Committee on Energy and Natural Re- Unfortunately, current law ham- sources. tions in place as rapidly as possible. By Mr. CLELAND (for himself, Mr. strings taxpayers who challenge the The Commission’s report found that: COVERDELL, Mr. HELMS, and Mr. IRS. Our legislation would change that ‘‘While the Taxpayer Bill of Rights leg- GLENN): by giving taxpayers, for the first time islation made great strides to allow S. 1615. A bill to present a gold medal to ever, a cause of action under the exist- taxpayers to recover damages for IRS Len ‘‘Roy Rogers’’ Slye and Octavia ‘‘Dale ing Equal Access to Justice Act malfeasance, current provisions do not Evans’’ Smith; to the Committee on Bank- (EAJA). Under our bill, taxpayers may provide adequate relief. In addition, ing, Housing, and Urban Affairs. exercise their rights under the EAJA there are many cases in which tax- By Mr. BAUCUS: to win awards of legal fees, expert wit- S. 1616. A bill to authorize the exchange of payers are not able to obtain review of existing Federal oil and gas leases in the ness fees and other costs against the IRS actions.’’ The Commission con- State of Montana, located in the Lewis and IRS when that agency takes substan- cluded that: ‘‘Congress must provide Clark National Forest and the Flathead Na- tially unjustified action against them. taxpayers with adequate and reason- tional Forest, for credits in future Federal Thousands of citizens have won vindi- able compensation for actual damages oil and gas lease sales in the Gulf of Mexico, cation against unjust governmental ac- incurred for wrongful actions by the and for other purposes; to the Committee on tion under the EAJA, and taxpayers IRS.’’ Energy and Natural Resources. should be able to do the same thing. What I am saying is this: If the IRS f Today, most taxpayers feel that if comes after a taxpayer, and if they use SUBMISSION OF CONCURRENT AND the IRS comes after them, even if they draconian methods in an unjustified SENATE RESOLUTIONS think it is unjustified, they don’t dare action, that not only is the taxpayer fight it because it will cost more in going to win but the taxpayer is going The following concurrent resolutions lawyers, accountant fees, and so on. to get their costs of defending back. So and Senate resolutions were read, and Under our act, if they prove it was un- that at least we are going to have the referred (or acted upon), as indicated: justified action, the Government pays potential of an equal playing field so By Mrs. BOXER (for herself, Mr. them for their lawyer fees and for their that we will not have taxpayers who CHAFEE, Ms. SNOWE, Ms. MIKULSKI, accountant’s fees. This was done by feel that they are being attacked in an Mr. JEFFORDS, Mr. LAUTENBERG, Mrs. Congress to help individuals, partner- MURRAY, Mr. KERREY, Ms. COLLINS, unjustified fashion. We will not have and Ms. MOSELEY-BRAUN): ships, and corporations in other admin- them think, ‘‘I will either pay the law- S. Res. 173. A resolution expressing the istrative actions involving the Govern- yers or I am going to pay the IRS. I sense of the Senate with respect to the pro- ment. We should do the same with the might as well surrender, even though I tection of reproductive health services clin- IRS. have done no wrong.’’ Now they can de- ics; to the Committee on the Judiciary. In 1981, Congress enacted the EAJA fend their rights. f to help individuals, partnerships and It is time for Congress to heed this STATEMENTS ON INTRODUCED corporations seek review of, or to de- advice and give taxpayers the same BILLS AND JOINT RESOLUTIONS fend against, unjustified governmental rights that other citizens now have to action because of the expense involved seek review of, or to defend against, By Mr. LEAHY (for himself and in securing the vindication of their unjust governmental action. The IRS Mr. FEINGOLD): rights in civil actions and in adminis- should be treated like every other fed- S. 1612. A bill to provide for taxpayer trative proceedings. The EAJA permits eral agency under the law—no better recovery of costs, fees, and expenses citizens who prevail in these actions in and no worse. under section 504 of title 5, United proceedings against federal agencies to I urge my colleagues to support this States Code, and section 2412 of title 28, recover their costs when the govern- legislation to provide taxpayers with United States Code, and for other pur- ment acted unjustly. Its purpose is to the same rights as all other citizens poses; to the Committee on the Judici- deter abusive actions and overreaching who are subject to unjust govern- ary. by the government and to enable indi- mental action. THE EQUAL ACCESS TO JUSTICE FOR TAXPAYERS viduals to vindicate their rights, re- Mr. FEINGOLD. Mr. President, I am ACT OF 1998 gardless of their economic cir- pleased to join my colleague, Senator Mr. LEAHY. Mr. President, I wish to cumstances. LEAHY, the distinguished Ranking introduce the Equal Access to Justice But court decisions have interpreted Member of the Senate Judiciary Com- for Taxpayers Act of 1998. I am pleased the EAJA to exempt all civil actions mittee, in introducing a bill today that that the Senator from Wisconsin, Sen- and administrative proceedings in con- gives American taxpayers greater abil- ator FEINGOLD, is joining me as an nection with the Internal Revenue ity to recover attorneys fees and other original sponsor of this important leg- Service (IRS) from its protections. In- costs against the Internal Revenue islation. stead, taxpayers must seek review of, Service (IRS) for unjustified civil ac- Like so many Americans, I was dis- or defend against, unjustified actions tions and administrative proceedings gusted by the evidence that surfaced of by the IRS under provisions in the In- under the Equal Access To Justice Act so many abuses of the IRS at recent ternal Revenue Code. These Internal (EAJA). hearings by the Senate Finance Com- Revenue Code provisions make it much Clearly, there is a need for such legis- mittee. I followed the hearings very harder for average taxpayers to recover lation in light of recent hearing testi- closely, and I heard taxpayer after tax- against unjust IRS actions. mony that average taxpayers have lost payer come before the Finance Com- The recent report of National Com- thousands of dollars in actual damages mittee recounting horror stories and mission on Restructuring the Internal defending themselves against unjusti- trying to fight against unjustified ac- Revenue Service agreed that the Inter- fied IRS actions. As the National Com- tion by the IRS that cost them thou- nal Revenue Code fails to provide tax- mission on Restructuring the Internal sands of dollars and countless hours of payers with adequate legal rights to re- Revenue Service reported, current In- emotional distress. These average tax- cover attorney’s fees and other costs ternal Revenue Code provisions do not payers told of frustration and despair against unjust IRS actions. The Com- provide adequate relief for unjust IRS

VerDate Mar 15 2010 00:33 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\1998SENATE\S05FE8.REC S05FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S452 CONGRESSIONAL RECORD — SENATE February 5, 1998 actions, much less enable many tax- and the other concerned Members of on the federal law. Today, section payers to obtain review of IRS actions this body as this legislation moves for- 814.246 of the Wisconsin statutes con- at all. I am pleased to join the Senator ward. tains provisions similar to the federal from Vermont in this effort to help EAJA statute. level the playing field and help the By Mr. FEINGOLD: It seemed to me then, as it does now, American taxpayer recover when the S. 1613. A bill to reform the regu- that we should do what we can to help IRS acts improperly. latory process, and for other purposes; ease the burdens on parties who need Like other citizens who seek review to the Committee on the Judiciary. to have their claims reviewed and de- of, or defend against, unjustified gov- EQUAL ACCESS TO JUSTICE AMENDMENTS OF 1998 cided by impartial decision makers. To ernmental action by federal agencies, Mr. FEINGOLD. Mr. President, I rise this end, I have reviewed the existing taxpayers who successfully defend today to introduce the Equal Access to federal statutes with an eye toward im- against the IRS should be able to re- Justice Reform Amendments of 1998. proving them and making them work cover attorneys fees and other costs This legislation contains necessary im- better. I believe that my legislation against when the situation warrants provements to existing law, the Equal does just that. The bill I am intro- such an award. By providing such relief Access to Justice Act, which will ducing today, does a number of things to taxpayers under the EAJA, not only streamline and improve the current to make EAJA more effective for indi- does this bill help individuals recover process of awarding attorney’s fees to viduals and small business men and the cost of their defense, but also helps private parties who prevail in litiga- women all across this country. deter future abusive actions by the tion against the government of the One provision of my original bill that IRS. The Equal Access to Justice Act United States. I am introducing this I introduced previously, raising the has helped American citizens and small legislation for the second consecutive hourly attorneys fee cap to $125 from businesses recover against other fed- Congress because I believe the reforms $75, has already been enacted as part of eral agencies and this bill makes the embodied in this legislation are impor- the Small Business Fair Treatment Act IRS accountable under EAJA, just like tant steps in reducing the government signed into law during the 104th Con- the rest of the federal government. generated burden under which many gress. While I am pleased that signifi- My interest in the Equal Access To individuals and small businesses cur- cant change was adopted, my legisla- Justice Act predates my election to rently operate. tion goes further by eliminating the this body, dating back to my tenure as Over the past few years, certainly existing ‘‘special factors’’ language a State Senator where I worked on the since the elections of 1994, many Mem- which allowed the fee cap to be in- Wisconsin version of EAJA. In addition bers of the Senate have taken to the creased in certain circumstances. I be- to working on the Wisconsin EAJA, I floor and spoken about the importance lieve the $125 level is consistent with have introduced in a previous Congress, of ‘‘getting government off the backs of the going rate and obviates the need and will do so again today, separate the American people.’’ We often hear for ‘‘special factor’’ language which legislation to update and streamline about the need to reform government often serves to slow the recovery proc- the existing federal EAJA—to make in very fundamental ways that effect ess. Further, my legislation explicitly the process of recovery less cum- people all across this nation. I agree establishes a formula for calculating bersome and to help ensure that people and the legislation I propose here cost-of-living adjustments for awards are made whole when the government today deals directly with some aspects and eliminates the often time con- cannot defend their actions. of the concerns we have heard in this suming evaluation that was previously The federal EAJA was originally en- chamber, by assisting everyday Ameri- required in the absence of a specific acted in 1980 and made permanent in cans who face legal battles with the standard. Both of these changes, cou- 1985. The Act was intended to make federal government and prevail. pled with the fee increase will work to taking on the federal government in At the outset, it is important to un- make EAJA more efficient and effec- court less intimidating and I was spe- derstand what the Equal Access to Jus- tive for Americans. cifically aimed at helping average citi- tice Act is, and why it exists. The Another significant factor of my leg- zens and small businesses that prevail premise is very simple, EAJA places in- islation is the elimination of the lan- against unjustified governmental ac- dividuals and small businesses who face guage which allows the government to tions. In my view, EAJA is an effective the United States Government in liti- escape paying attorneys’ fees even if it and valuable check on the virtually gation, on equal footing by estab- loses a suit but can provide a substan- limitless power of the federal govern- lishing guidelines for the award of at- tial justification for its action. I be- ment. torney’s fees when the individual or lieve that if an individual or small One would assume that the typical small business prevails. Quite simply, business battles the federal govern- American taxpayer is protected by the EAJA acknowledges that the resources ment in an adversarial proceeding and EAJA. However, this is not the case as available to the federal government in prevails, the government should pay the Act exempts all civil actions and a legal dispute far outweigh those the fees incurred. Imagine the scenario administrative proceedings in connec- available to everyday Americans. This of a person who spends countless time tion with the IRS from its protections. disparity is resolved by requiring the and money dueling with the govern- In addition, court decisions have con- government, in certain instances, to ment and prevails, only to find out sistently interpreted the tax code as pay the attorney’s fees of successful that they must now undergo the addi- providing the only relief for taxpayers private parties. By giving successful tional step of litigating the justifica- treated unjustly. The current system is parties the right to seek attorney’s tion of the underlying governmental inadequate and this legislation will fees from the United States, EAJA action. For the government, with its help to change that untenable situa- seeks to prevent small business owners vast resources, this additional step tion. from having to risk their companies in poses no difficulty, but for the citizen I want to commend my friend and order to seek justice. it may simply not be financially fea- colleague from Vermont for his leader- My interest in this issue predates my sible. A 1992 study prepared by Univer- ship on this important issue. The legis- election to the Senate and arises from sity of Virginia Professor Harold Krent lation we are introducing today is only my experience both as a private attor- on behalf of the Administrative Con- one step in reforming the Internal Rev- ney and a Member of the Senate in my ference of the United States found that enue Service and making that agency home state of Wisconsin. While in pri- only a small percentage of EAJA more accountable to the American peo- vate practice, I became aware of how awards were denied because of the sub- ple. However, it is an important and es- the ability to recoup attorney’s fees is stantial justification defense and that sential step in that process. The Amer- often the initial inquiry which must be while it is impossible to determine the ican people should not have to squan- made when deciding whether or not to exact cost of litigating the issue of jus- der their hard earned money defending seek redress in the courts. The signifi- tification, it is his opinion, based upon against unjustified actions by federal cance of this factor should not be un- review of cases in 1989 and 1990, that agencies—including the IRS. I look for- derestimated. Upon entering the State while the substantial justification de- ward to working with Senator LEAHY Senate, I authored legislation modeled fense may save some money awards, it

VerDate Mar 15 2010 00:33 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\1998SENATE\S05FE8.REC S05FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 5, 1998 CONGRESSIONAL RECORD — SENATE S453 was not enough to justify the cost of with ‘‘$125 per hour’’ and inserting ‘‘$125 per (2) JUDICIAL PROCEEDINGS.—Section 2412(d) the additional litigation. In short, hour unless the court determines that an in- of title 28, United States Code, is amended— eliminating this often burdensome sec- crease in the cost-of-living based on the date (A) in paragraph (1)(A), by striking ‘‘, un- ond step is a cost effective step which of final disposition justifies a higher fee);’’. less the court finds that the position of the (d) PAYMENT FROM AGENCY APPROPRIA- United States was substantially justified or will streamline recovery under EAJA. TIONS.— The final point in regard to stream- that special circumstances make an award (1) ADMINISTRATIVE PROCEEDINGS.—Section unjust’’; lining and improving EAJA is language 504(d) of title 5, United States Code, is (B) in paragraph (1)(B), by striking ‘‘The designed to encourage settlement and amended by adding at the end the following: party shall also allege that the position of avoid costly and protracted litigation. ‘‘Fees and expenses awarded under this sub- the United States was not substantially jus- Under the bill, the government is pro- section may not be paid from the claims and tified. Whether or not the position of the vided the ability to make an offer of judgments account of the Treasury from United States was substantially justified settlement up to 10 days prior to a funds appropriated pursuant to section 1304 shall be determined on the basis of the of title 31.’’. hearing on a fees claim. If the govern- record (including the record with respect to (2) JUDICIAL PROCEEDINGS.—Section the action or failure to act by the agency ment’s offer is rejected and the pre- 2412(d)(4) of title 28, United States Code, is vailing party seeking recovery ulti- upon which the civil action is based) which is amended by adding at the end the following: made in the civil action for which fees and mately wins a smaller award, that ‘‘Fees and expenses awarded under this sub- other expenses are sought.’’; and section may not be paid from the claims and party is not entitled to attorneys’ fees (C) in paragraph (3), by striking ‘‘, unless judgments account of the Treasury from and costs they incurred after the date the court finds that during such adversary funds appropriated pursuant to section 1304 of government’s offer. Again, this will adjudication the position of the United speed the process and thereby reduce of title 31.’’. (e) OFFERS OF SETTLEMENT.— States was substantially justified, or that the time and expense of the litigation. (1) ADMINISTRATIVE PROCEEDINGS.—Section special circumstances make an award un- We all know that the American small 504 of title 5, United States Code, is amend- just’’. business owner has a difficult road to ed— (g) REPORTS TO CONGRESS.— make ends meet and that unnecessary (A) by redesignating subsections (e) and (f) (1) ADMINISTRATIVE PROCEEDINGS.—No later or overly burdensome government reg- as subsections (f) and (g), respectively; and than 180 days after the date of the enactment ulation can be a formidable obstacle to (B) by inserting after subsection (d) the of this Act, the Administrative Conference of doing business. It can be the difference following new subsection: the United States shall submit a report to ‘‘(e)(1) At any time after the filing of an Congress— between success or failure. The Equal application for fees and other expenses under Access to Justice Act was conceived (A) providing an analysis of the variations this section, an agency from which a fee in the frequency of fee awards paid by spe- and implemented to help overcome the award is sought may serve upon the appli- cific Federal agencies under the provisions of formidable power of the federal govern- cant an offer of settlement of the claims section 504 of title 5, United States Code; and ment. In this regard it has helped made in the application. If within 10 days (B) including recommendations for extend- many Americans do just that. The leg- after service of the offer the applicant serves ing the application of such sections to other written notice that the offer is accepted, ei- islation I am offering today will make Federal agencies and administrative pro- ther party may then file the offer and notice ceedings. EAJA more effective for more Ameri- of acceptance together with proof of service UDICIAL PROCEEDINGS.—No later than cans while at the same time deterring thereof. (2) J the government from acting in an inde- ‘‘(2) An offer not accepted shall be deemed 180 days after the date of the enactment of fensible and unwarranted manner. withdrawn. The fact that an offer is made this Act, the Department of Justice shall Mr. President, I ask unanimous con- but not accepted shall not preclude a subse- submit a report to Congress— (A) providing an analysis of the variations sent that the text of the bill be printed quent offer. If any award of fees and expenses for the merits of the proceeding finally ob- in the frequency of fee awards paid by spe- in the RECORD. tained by the applicant is not more favorable cific Federal districts under the provisions of There being no objection, the bill was than the offer, the applicant shall not be en- section 2412 of title 28, United States Code; ordered to be printed in the RECORD, as titled to receive an award for attorneys’ fees and follows: or other expenses incurred in relation to the (B) including recommendations for extend- S. 1613 application for fees and expenses after the ing the application of such sections to other Be it enacted by the Senate and House of Rep- date of the offer.’’. Federal judicial proceedings. (2) JUDICIAL PROCEEDINGS.—Section 2412 of resentatives of the United States of America in (h) EFFECTIVE DATE.—The provisions of title 28, United States Code, is amended— Congress assembled, this Act and the amendments made by this (A) by redesignating subsections (e) and (f) SECTION 1. EQUAL ACCESS TO JUSTICE REFORM. Act shall take effect 30 days after the date of (a) SHORT TITLE.—This Act may be cited as as subsections (f) and (g), respectively; and the enactment of this Act and shall apply the ‘‘Equal Access to Justice Reform Amend- (B) by inserting after subsection (d) the ments of 1998’’. following new subsection: only to an administrative complaint filed (b) AWARD OF COSTS AND FEES.— ‘‘(e)(1) At any time after the filing of an with a Federal agency or a civil action filed (1) ADMINISTRATIVE PROCEEDINGS.—Section application for fees and other expenses under in a United States court on or after such 504(a)(2) of title 5, United States Code, is this section, an agency of the United States date. amended by inserting after ‘‘(2)’’ the fol- from which a fee award is sought may serve upon the applicant an offer of settlement of lowing: ‘‘At any time after the commence- By Mr. CAMPBELL: ment of an adversary adjudication covered the claims made in the application. If within by this section, the adjudicative officer may 10 days after service of the offer the appli- S. 1614. A bill to require a permit for ask a party to declare whether such party in- cant serves written notice that the offer is the making of motion picture, tele- tends to seek an award of fees and expenses accepted, either party may then file the offer and notice of acceptance together with proof vision program, or other form of com- against the agency should such party pre- of service thereof. mercial visual depiction in a unit of vail.’’. ‘‘(2) An offer not accepted shall be deemed the National Park System or National (2) JUDICIAL PROCEEDINGS.—Section withdrawn. The fact that an offer is made 2412(d)(1)(B) of title 28, United States Code, is but not accepted shall not preclude a subse- Wildlife Refuge System; to the Com- amended by inserting after ‘‘(B)’’ the fol- quent offer. If any award of fees and expenses mittee on Energy and Natural Re- lowing: ‘‘At any time after the commence- for the merits of the proceeding finally ob- sources. ment of an adversary adjudication covered tained by the applicant is not more favorable by this section, the court may ask a party to than the offer, the applicant shall not be en- THE NATIONAL PARK SERVICE IMAGE PERMIT declare whether such party intends to seek titled to receive an award for attorneys’ fees FEE ACT an award of fees and expenses against the or other expenses incurred in relation to the Mr. CAMPBELL. Mr. President, agency should such party prevail.’’. application for fees and expenses after the (c) HOURLY RATE FOR ATTORNEY FEES.— date of the offer.’’. today I introduce a bill that gives our (1) ADMINISTRATIVE PROCEEDINGS.—Section (f) ELIMINATION OF SUBSTANTIAL JUSTIFICA- National Park Service the authority to 504(b)(1)(A)(ii) of title 5, United States Code, TION STANDARD.— require fee-based permits for the use of is amended by striking all beginning with (1) ADMINISTRATIVE PROCEEDINGS.—Section the parks in the making of motion pic- ‘‘$125 per hour’’ and inserting ‘‘$125 per hour 504 of title 5, United States Code, is amend- unless the agency determines by regulation ed— tures, television programs, advertise- that an increase in the cost-of-living based (A) in subsection (a)(1), by striking all be- ments or other commercial purposes. on the date of final disposition justifies a ginning with ‘‘, unless the adjudicative offi- Our national parks are among our higher fee);’’. cer’’ through ‘‘expenses are sought’’; and nation’s most valuable resources. My (2) JUDICIAL PROCEEDINGS.—Section (B) in subsection (a)(2), by striking ‘‘The 2412(d)(2)(A)(ii) of title 28, United States party shall also allege that the position of ‘‘National Park Service Image Fee Per- Code, is amended by striking all beginning the agency was not substantially justified.’’. mit Act’’ would help us to protect

VerDate Mar 15 2010 00:33 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\1998SENATE\S05FE8.REC S05FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S454 CONGRESSIONAL RECORD — SENATE February 5, 1998 them and ensure that future genera- There being no objection, the mate- to comply with any condition stated in a tions will be able to enjoy their beauty rial was ordered to be printed in the permit shall be subject to imposition by the by making sure the parks are reim- RECORD, as follows: Secretary, after notice and opportunity for a hearing on the record, of a civil penalty in bursed for their commercial use. S. 1614 The Bureau of Land Management and an amount not exceeding 200 percent of the Be it enacted by the Senate and House of Rep- amount of the permit fee. the Forest Service already have a simi- resentatives of the United States of America in (f) USE OF PROCEEDS.—Each amount col- lar permit and fee system for commer- Congress assembled, lected by the Secretary as a permit fee or cial filming on public lands. Rocky SECTION 1. PERMITS FOR MAKING COMMERCIAL civil penalty under this section shall be re- Mountain National Park in my home VISUAL DEPICTIONS IN UNITS OF tained by the Secretary and shall be avail- state of Colorado has had twenty-five THE NATIONAL PARK SYSTEM AND able, without further Act of appropriation, NATIONAL WILDLIFE REFUGE SYS- for capital improvement and restoration ac- commercial filming operations take TEM. tivities in the unit in which the commercial place between 1996–1997. According to (a) DEFINITIONS.—In this section: visual depiction was produced. park supervisors many individuals in (1) COMMERCIAL VISUAL DEPICTION.— (A) IN GENERAL.—The term ‘‘commercial the entertainment business are NATIONAL PARKS visual depiction’’ means a visual depiction shocked at the fact that they are not AND CONSERVATION ASSOCIATION, that a person produces with the intention currently charged for the use of our February 3, 1998. that the depiction (or reproductions of the great national parks. Hon. BEN NIGHTHORSE CAMPBELL, depiction) will be disseminated to the public It makes no sense that our national U.S. Senate, Washington, DC. in connection with a for-profit enterprise. parks’ lands, that have been deemed to DEAR SENATOR CAMPBELL: I am writing to (B) EXCLUSIONS.—The term ‘‘commercial applaud your efforts to resolve a small but be even more precious by their designa- visual depiction’’ does not include— tion, should be used commercially for nettlesome issue affecting both the national (i) a visual depiction produced for dissemi- parks and the American taxpayer. free. This is especially important now nation to the public as news; or For years, Hollywood and Madison Avenue when taxpayers are facing increased (ii) a visual depiction produced by an indi- production companies have been able to fees to enter the national parks and vidual in a limited number and intended to avail themselves of the unique resources of more and more people are enjoying our be sold by the individual as a work of art. the national parks at well below market natural wonders every year in record (2) SECRETARY.—The term ‘‘Secretary’’ prices. In fact, film production companies numbers. means the Secretary of the Interior. have been required to cover only the phys- As the Vice-Chairman of the Parks, (3) VISUAL DEPICTION.—The term ‘‘visual ical cost of monitoring their activities and depiction’’ means a motion picture, tele- Historic Preservation and Recreation any remediation necessary after they leave vision program, videotape, photograph, or the site. In many cases, this amount has to- Subcommittee of the Senate Energy other form of visual depiction or any part of and Natural Resources Committee, I taled in the hundreds of dollars, compared such a depiction. with production budgets that total in the am concerned about the maintenance (b) PERMIT REQUIREMENT.—A person shall tens of millions of dollars and more. backlog that exists in most of our na- not produce a commercial visual depiction in At a time when the Congress has directed tional parks. It is also no secret that a unit of the National Park System or Na- the National Park Service to do more in col- the amount of federal tax dollars avail- tional Wildlife Refuge System without first lecting entrance and recreation fees from able for that maintenance has been obtaining a permit from the Secretary and park visitors, the current requirements for dwindling for some time now. paying a permit fee. film production fees are patently unfair and (c) REGULATION.—The Secretary shall by I offer this bill as a funding vehicle must be changed. Your legislation represents regulation establish criteria and a procedure a step forward in this regard and will con- for our parks to reimburse them for the for determining the conditions under which a administrative costs they incur by al- tribute substantially to this issue as it is de- person shall be permitted to produce a com- bated in this congress. lowing the images of our precious na- mercial visual depiction in a unit of the Na- Again, I want to thank you for your ef- tional parks to be used in commercial tional Park System or National Wildlife Ref- forts. With your help, the parks will finally ventures. This bill will not provide all uge System and the amount of a permit fee. enjoy a more balanced financial relationship of the funds needed to address the (d) FEE AMOUNTS.— with private film production companies. maintenance backlog in our parks, nor (1) BASIS OF IMPOSITION.—A permit fee may Sincerely, be imposed— do I intend it to, but it will defray the THOMAS C. KIERNAN, (A) in a single amount for use of any part President. real costs associated with making our of a unit of the National Park System and parks available for commercial enter- National Wildlife Refuge System or in dif- By Mr. CLELAND (for himself, prises such as the motion picture in- ferent amounts for use of different areas Mr. COVERDELL, Mr. HELMS, and dustry. within a unit; Mr. GLENN): We can all understand why Holly- (B) in different amounts for different forms S. 1615. A bill to present a gold medal wood or book publishers want to use of visual depiction; or to Len ‘‘Roy Rogers’’ Slye and Octavia the spectacular beauty of our national (C) in a set amount applicable in all cases ‘‘Dale Evans’’ Smith; to the Committee parks as backdrops for their produc- or in a negotiated amount applicable in a on Banking, Housing, and Urban Af- tions. My bill simply allows the Na- particular case. (2) AMOUNT.— fairs. tional Park Service to recover the real (A) MINIMUM AMOUNT.—The amount of a costs of allowing such use and devoting CONGRESSIONAL GOLD MEDAL LEGISLATION permit fee shall be not less than an amount ∑ those fees to the parks for their preser- Mr. CLELAND. Mr. President, that is sufficient to compensate the Sec- today we are introducing legislation vation. Common sense directs us to do retary for all direct and indirect costs to the this, and I believe this bill is fair for Secretary in accommodating the production which would authorize presentation of the commercial users of our parks and of a commercial visual depiction (including a Congressional Gold Medal to Len more importantly, for the American costs of ensuring compliance with any condi- ‘‘Roy Rogers’’ Slye and Octavia ‘‘Dale taxpayers. tions on the use of the area for production of Evans’’ Smith. ‘‘Heroes are made every This bill is similar to legislation in- the commercial visual depiction and costs of little while,’’ Will Rogers once said, troduced in the House of Representa- cleanup and restoration). ‘‘but only one in a million conduct (B) OTHER CONSIDERATIONS.—In estab- tives by my friend and colleague from themselves afterwards so that it makes lishing the amount of a permit fee, the Sec- us proud that we honored them at the Colorado, Congressman HEFLEY. retary shall take into consideration— Mr. President, I have a letter from (i) the extent of any inconvenience to the time.’’ The gold medal we propose the National Parks and Conservation public that production of the commercial would honor two American heroes for Association that has reviewed and en- visual depiction may cause; and the wholesome entertainment they dorsed this legislation. I look forward (ii) an estimate of the amount that an have given the world for six decades to working with the Association, other owner of private property would charge for and for the shining example they have interested parties and, of course, the use of property that is comparable to the set as role models for America’s youth. Committee, to deal with the mainte- area in which the commercial visual depic- I am pleased to be joined by the distin- tion is to be produced. nance backlog at our national parks. guished cosponsors, Senators COVER- (e) CIVIL PENALTY.—A person that produces I ask unanimous consent that the Na- a commercial visual depiction in a unit of DELL, HELMS, and GLENN. tional Parks and Conservation Associa- the National Park System or National Wild- For generations of Americans, Roy tion letter of support and my bill be in- life Refuge System without first obtaining a Rogers has been the symbol of the serted in the RECORD. permit and paying a permit fee or that fails Western hero—a man who combines

VerDate Mar 15 2010 00:33 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\1998SENATE\S05FE8.REC S05FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 5, 1998 CONGRESSIONAL RECORD — SENATE S455 courage with honesty and impeccable There being no objection, the bill was leases in the State of Montana, located integrity—who always righted wrong ordered to be printed in the RECORD, as in the Lewis and Clark National Forest through straight talk and square-deal- follows: and the Flathead National Forest, for ing. When asked about the roles he S. 1615 credits in future Federal oil and gas played on-screen, Roy once answered Be it enacted by the Senate and House of Rep- lease sales in the Gulf of Mexico, and that he did ‘‘what I was supposed to do. resentatives of the United States of America in for other purposes; to the Committee I played myself.***When I talk Congress assembled, on Energy and Natural Resources. about my image, there isn’t anything SECTION 1. CONGRESSIONAL GOLD MEDAL. EXCHANGE LEGISLATION that isn’t really me. I always try to be (a) PRESENTATION AUTHORIZED.—The Presi- Mr. BAUCUS. Mr. President, I am the best that I can be.’’ In all that we dent is authorized to present, on behalf of pleased today to introduce a Bill that have seen or heard or read about Roy the Congress, a gold medal of appropriate de- would provide the Secretary of the In- sign to Len ‘‘Roy Rogers’’ Slye and Octavia Rogers, on screen or off, the persona terior with the authority to exchange and the man are indeed one and the ‘‘Dale Evans’’ Smith in recognition of their accomplishments as entertainers and hu- oil and gas leases in the Badger Two- same—and in Roy Rogers we see what manitarians, which include— Medicine area, in the State of Mon- is best about America. (1) careers in the entertainment industry tana, for credits that could be applied Dale Evans counts among her highest that spanned 6 decades and covered such in- toward bidding or royalty payments in honors the Cardinal Terrence Cook Hu- dustries as music, film, television, writing, Montana and the Gulf of Mexico. manities Award and the California sports, and radio; The area involved in this legislation Mother of the Year. Both are tributes (2) acting in and producing more than 100 is located along the Rocky Mountain to two of her greatest gifts—her gen- films, as well as their popular 10-year tele- Front, an area whose rich natural vision show ‘‘The Roy Rogers Show’’, which erosity of spirit and her strong family beauty I care deeply about. It lies values. Together she and Roy have is still seen in American and foreign mar- kets; south of one of the ‘‘Crown Jewels’’ of raised nine children, and they have six- the National Park system, Glacier Na- teen grandchildren and 30 great-grand- (3) setting appearance records in virtually every major arena in the world, including tional Park. Also adjoining this area is children. And the fact that most of Madison Square Garden in New York City, the Blackfeet Indian Reservation and them live near Roy and Dale’s ranch the Houston Fat Stock Show, the Los Ange- the uniquely wild and pristine Bob outside of Victorville, California, is a les Coliseum, the Chicago Stadium, the Marshall Wilderness Area. The Badger testament to their devotion and strong Harringay Arena in London, Toronto’s Cana- Two-Medicine area is undeveloped wil- family ties. Dale is the author of 25 dian National Exhibition, and many State derness and contains many sites sacred books. Her most famous, ‘‘Angel Un- fairs and rodeos; to the Blackfeet Nation. The location aware’’, chronicles the life and death of (4) on the part of Len Slye, once selling out of this area, its cultural value, and its Dale and Roy’s daughter, Robin, who Madison Square Garden 29 straight nights, undeveloped natural condition has been died from complications of Down’s syn- holding the record for the largest crowd to ever see an indoor rodeo, and twice attract- the focus of the decade-long debate drome. The book is about loss, but it is ing more than 100,000 people to rodeos in the over whether or not the oil and gas re- also about the capacity to love—a qual- Los Angeles Coliseum; sources of the area should be devel- ity which both Dale and Roy have in (5) selfless service as role models through oped. I myself believe that we should abundant measure. their strong faith in Christianity as well as Roy and Dale are an American insti- their devotion to their 9 children (5 by adop- protect this special place for our chil- tution—and their fans span the globe. tion and 4 by birth), 16 grandchildren, and 30 dren and grandchildren, and I have Together they have achieved the pin- great-grandchildren; fought to do just that. nacle of success in the entertainment (6) Octavia Smith’s classic book ‘‘Angel We are no closer today to resolving industry. Their movies were No. 1 at Unaware’’, which dealt with the death from the question of development of the re- complications associated with Down’s syn- the box office. Their television series sources of this area than we were a dec- drome of Robin, the one child Len Slye and ade ago and it is time to resolve these was the highest rated of its time. The Octavia Smith had together; and episodes have been translated into conflicts. During this time the ten (7) creating the Roy Rogers-Dale Evans leaseholders in the area have made in- every major language, and they can Museum in Victorville, California, that viv- still be seen here in America and in idly chronicles their lives and the values and vestments in anticipation of being able markets abroad. Between the two of ethics that represent the basis of their to exercise the option of developing them they have set appearance records worldwide appeal. wells under their leases. The time has in every major arena in the world, in- (b) DESIGN AND STRIKING.—For the purpose come to break this stalemate that only cluding Madison Square Garden, the of the presentation referred to in subsection costs the leaseholders, the citizens con- (a), the Secretary of the Treasury (hereafter Los Angeles Coliseum, the Chicago cerned with protecting the area, and in this Act referred to as the ‘‘Secretary’’) the government time and money with- Stadium, the Harringay Arena in Lon- shall strike a gold medal with suitable em- don, and Toronto’s Canadian National blems, devices, and inscriptions, to be deter- out resolution. The bill that I am in- Exhibition. Roy once sold out Madison mined by the Secretary. troducing today is fair for the land- Square Garden 29 straight nights, and SEC. 2. DUPLICATE MEDALS. owners, the citizens of Montana and he still holds the record for the largest The Secretary may strike and sell dupli- the Nation, and fair for the lease- crowd ever to see an indoor rodeo. cates in bronze of the gold medal struck pur- holders. It has been said that we make a liv- suant to section 1 under such regulations as Chevron, the largest leaseholder in ing by what we get, but we make a life the Secretary may prescribe, and at a price the area, stated ‘‘While we would have by what we give. Both Roy and Dale’s sufficient to cover the costs of the medals, liked to have developed our well in the careers have been an unqualified suc- including labor, materials, dies, use of ma- Badger Two-Medicine area, we under- chinery, and overhead expenses. cess, as their world-wide appeal at- stand that the public had concerns SEC. 3. NATIONAL MEDALS. about our proposal. Senator BAUCUS’ tests. But this tells only half the story. The medals struck pursuant to this Act are Their appeal—which reaches to all four national medals for purposes of chapter 51 of bill breaks the deadlock and allows ev- corners of the globe—is also the result title 31, United States Code. eryone to get on with their business’’. of the values, the ethics, and the un- SEC. 4. FUNDING AND PROCEEDS OF SALE. Today I am introducing this legisla- compromising principles by which they (a) AUTHORIZATION.—There is hereby au- tion, a common sense solution to a have lived their lives. It is our hope thorized to be charged against the United long-standing controversy, to allow all that we honor their worthy contribu- States Mint Public Enterprise Fund an the parties to leave this dispute as win- tions with the Congressional Gold amount not to exceed $30,000 to pay for the ners. The Secretary of the Interior Medal. Should we do so, we will have cost of the medals authorized by this Act. would work with leaseholders, who (b) PROCEEDS OF SALE.—Amounts received have made investments over the years, honored in their time true American from the sale of duplicate bronze medals heroes, and our choice—to use Will under section 3 shall be deposited in the to determine credits for their expenses. Rogers’ yardstick—will be validated by United States Mint Public Enterprise Fund.∑ These credits, allowing for reinvest- the ages to come. ment in Montana, can be applied to Mr. President, I ask unanimous con- By Mr. BAUCUS: lease bids or royalty payments in other sent that the text of the bill be printed S. 1616. A bill to authorize the ex- locations where they already have ac- in the RECORD. change of existing Federal oil and gas tive wells or where development is

VerDate Mar 15 2010 00:33 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\1998SENATE\S05FE8.REC S05FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S456 CONGRESSIONAL RECORD — SENATE February 5, 1998 more likely to occur. The citizens who (c) AMOUNT.—The amount of the credits States, units of local government, and are concerned about the cultural and shall be based on investments made in the Indian tribes to purchase armor vests resource effects of development would acquisition and development of the leases be- for use by law enforcement officers. fore the date of enactment of this Act and see the integrity of this area main- SENATE CONCURRENT RESOLUTION 65 tained. The government would be able agreed to by the Secretary of the Interior and the leaseholder. At the request of Ms. SNOWE, the to refocus the use of its limited finan- (d) WITHDRAWAL FROM MINERAL LAWS.— name of the Senator from Massachu- cial resources on management activi- Subject to valid existing rights not relin- setts (Mr. KERRY) was added as a co- ties that have a more direct positive quished, the exchange area described in sub- sponsor of Senate Concurrent Resolu- result than continuation of the current section (b)(1) is withdrawn from location and tion 65, a concurrent resolution calling disputes. entry under the mining laws and from leas- for a United States effort to end re- This bill focuses on resolving Mon- ing under the mineral leasing laws. striction on the freedoms and human tana problems while looking out for (e) EFFECT OF USE OF CREDITS.—If a person rights of the enclaved people in the oc- the economic and natural resource in- that receives a credit under subsection (a) terests of this State. Creating and uses the credit to pay any rental or royalty cupied area of Cyprus. maintaining jobs in Montana is very due under any Federal oil and gas lease on SENATE CONCURRENT RESOLUTION 71 Federal land within the State of Montana, At the request of Mr. LEAHY, his important to me. This bill helps save the Secretary of the Interior shall pay the jobs. As Richard Jackson, owner of an State of Montana, from amounts received name was withdrawn as a cosponsor of outfitting business in the Badger Two- from oil and gas leases on Federal land that, Senate Concurrent Resolution 71, a Medicine recently said, ‘‘This bill isn’t but for this subsection, would be deposited in concurrent resolution condemning just about saving some of our most pre- the Treasury of the United States under sec- Iraq’s threat to international peace cious wildlands; it’s about saving our tion 35 of the Act of February 25, 1920 (com- and security. wildlands and Montana jobs’’. Montana monly known as the ‘‘Mineral Lands Leasing SENATE RESOLUTION 155 has a unique recreational industry that Act’’) (41 Stat. 450, chapter 85; 30 U.S.C. 191), the amount that the State would have re- At the request of Mr. LOTT, the has sustainable jobs that are dependent names of the Senator from Virginia on wild untamed lands. We need to care ceived under applicable law if the amount of the royalty or rental had been paid in cash. (Mr. WARNER) and the Senator from Ar- for this wildness. I look forward to con- f kansas (Mr. HUTCHINSON) were added as tinuing work with the Governor and cosponsors of Senate Resolution 155, a the Montana Delegation on innovative ADDITIONAL COSPONSORS resolution designating April 6 of each ideas to stimulate appropriate develop- S. 260 year as ‘‘National Tartan Day’’ to rec- ment of the State’s rich mineral herit- At the request of Mr. ABRAHAM, the ognize the outstanding achievements age while protecting its wildness and name of the Senator from Wyoming and contributions made by Scottish uncomparable natural beauty. Americans to the United States. I encourage my esteemed colleagues (Mr. ENZI) was added as a cosponsor of to support this bill and look forward to S. 260, a bill to amend the Controlled SENATE RESOLUTION 170 working with them in their consider- Substances Act with respect to pen- At the request of Mr. SPECTER, the ation. alties for crimes involving cocaine, and name of the Senator from Pennsyl- Mr. President, I ask unanimous con- for other purposes. vania (Mr. SANTORUM) was added as a sent that the text of the bill be printed S. 859 cosponsor of Senate Resolution 170, a in the RECORD. At the request of Mr. KYL, the name resolution expressing the sense of the There being no objection, the bill was of the Senator from Florida (Mr. MACK) Senate that the Federal investment in ordered to be printed in the RECORD, as was added as a cosponsor of S. 859, a biomedical research should be in- follows: bill to repeal the increase in tax on so- creased by $2,000,000,000 in fiscal year S. 1616 cial security benefits. 1999. Be it enacted by the Senate and House of Rep- S. 990 f resentatives of the United States of America in At the request of Mr. KYL, his name Congress assembled, was added as a cosponsor of S. 990, a SECTION 1. EXCHANGE OF OIL AND GAS LEASES SENATE RESOLUTION 173—REL- IN THE LEWIS AND CLARK NA- bill to amend the Public Health Serv- ATIVE TO THE PROTECTION OF TIONAL FOREST AND THE FLAT- ice Act to establish the National Insti- REPRODUCTIVE HEALTH SERV- HEAD NATIONAL FOREST, STATE OF tute of Biomedical Imaging. MONTANA. ICES CLINICS S. 1352 (a) IN GENERAL.—Notwithstanding any Mrs. BOXER (for herself, Mr. CHAFEE, other provision of law, the Secretary of the At the request of Mr. GRASSLEY, the Ms. SNOWE, Ms. MIKULSKI, Mr. JEF- Interior may exchange Federal oil and gas name of the Senator from Vermont FORDS, Mr. LAUTENBERG, Mrs. MURRAY, leases that are in existence and in good (Mr. LEAHY) was added as a cosponsor standing as of the date of enactment of this of S. 1352, a bill to amend Rule 30 of the Mr. KERREY, Ms. COLLINS, and Ms. Act and are located in the exchange area de- Federal Rules of Civil Procedure to re- MOSELEY-BRAUN) submitted the fol- scribed in subsection (b) for credits that may store the stenographic preference for lowing resolution; which was referred be used— to the Committee on the Judiciary: (1) for bids in Federal oil and gas lease depositions. S. RES. 173 sales or for royalty and rentals due under S. 1365 Whereas there are approximately 1000 re- Federal leases in the central and western At the request of Ms. MIKULSKI, the productive health services clinics in the planning areas of the Gulf of Mexico for name of the Senator from Louisiana leases outside the zone defined and governed United States; (Ms. LANDRIEU) was added as a cospon- by section 8(g)(2) of the Outer Continental Whereas violence directed at persons seek- Shelf Lands Act (43 U.S.C. 1337(g)(2)); or sor of S. 1365, a bill to amend title II of ing to provide reproductive health services (2) for bid, royalty, or rental payments due the Social Security Act to provide that continues to increase in the United States, under Federal oil and gas leases on Federal the reductions in social security bene- as demonstrated by the January 29, 1998, land within the State of Montana. fits which are required in the case of bombing outside a reproductive health serv- (b) EXCHANGE AREA.—The exchange area spouses and surviving spouses who are ices clinic in Birmingham, Alabama, in referred to in subsection (a) consists of— also receiving certain Government pen- which 1 person was killed and 1 person was (1) the portions of the Lewis and Clark Na- critically injured; tional Forest and the Flathead National For- sions shall be equal to the amount by Whereas the death that occurred at the est in Flathead County, Glacier County, and which two-thirds of the total amount Birmingham clinic was the first bombing fa- Pondera County, Montana (including the of the combined monthly benefit (be- tality at a reproductive health services clin- area known as the ‘‘Badger-Two Medicine’’), fore reduction) and monthly pension ic in the history of the United States; as delineated on the map entitled ‘‘Exchange exceeds $1,200, adjusted for inflation. Whereas organizations monitoring clinic Area Map’’ and located in T. 27 N., R. 11 W., S. 1605 violence have reported over 1,800 acts of vio- T. 28 N., R. 10–14 W., T. 29 N., R. 10–16 W., T. lence at reproductive health services clinics, At the request of Mr. LEAHY, the 30 N., R. 11–13 W., and T. 31 N., R. 12–13 W.; including bombings, shootings, arson, death and name of the Senator from Washington threats, kidnapping, and assaults; (2) the area covered by Federal oil and gas (Mrs. MURRAY) was added as a cospon- Whereas in 1997, reproductive health serv- lease no. MTM–53314, in Teton County, Mon- sor of S. 1605, a bill to establish a ices clinics reported an increase in the num- tana. matching grant program to help ber of acts of violence over 1996;

VerDate Mar 15 2010 00:33 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\1998SENATE\S05FE8.REC S05FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 5, 1998 CONGRESSIONAL RECORD — SENATE S457 Whereas in January 1997, reproductive cola, Florida in 1993. A second abortion duct a business meeting to consider the health services clinics in Atlanta, Georgia provider and his security guard were nominations of Donald J. Barry, nomi- and Tulsa, Oklahoma were bombed, resulting shot and killed the following year in nated by the President to be Assistant in several injuries; Whereas in December 1994, 2 workers at a Florida. And on the bloodiest day of Secretary for Fish and Wildlife, De- reproductive health services clinic were mur- the anti-choice terror campaign, two partment of the Interior, and dered and 5 others injured in an assault in clinic workers were killed and five in- Sallyanne Harper, nominated by the Brookline, Massachusetts; jured in vicious, cold-blooded shootings President to be Chief Financial Officer, Whereas in July 1994, an abortion provider in Brookline, Massachusetts. Environmental Protection Agency, and his security escort were murdered in All told, over 1,800 violent attacks Thursday, February 5, immediately fol- Pensacola, Florida; have been reported at reproductive lowing the first Senate vote in the Whereas in March 1993, a doctor providing health services clinics in recent years. President’s room (S–216). abortion services was shot and killed in Pen- sacola, Florida; I hope my colleagues are aware that The PRESIDING OFFICER. Without Whereas Congress passed and the President the attacks and the level of violence in objection, it is so ordered. signed the Freedom of Access to Clinic En- those attacks are increasing every f trances Act of 1994, a law establishing Fed- year. ADDITIONAL STATEMENTS eral criminal penalties and civil remedies for Reproductive choice is a contentious certain violent, threatening, obstructive, issue. I know that many of my col- and destructive conduct that is intended to leagues feel very strongly that abor- injure, intimidate, or interfere with persons WILLIAM T. FRAIN JR., GREATER seeking to obtain or provide reproductive tion should be outlawed in America, MANCHESTER CHAMBER OF COM- health services, and for intentionally dam- and although I strongly disagree, I re- MERCE CITIZEN OF THE YEAR spect their views and I hope they re- aging or destroying, or attempting to dam- ∑ age or destroy, the property of a clinic be- spect mine. But this resolution is not Mr. SMITH of New Hampshire. Mr. cause the clinic provides reproductive health about choice; it is about violence. I President, I rise today to congratulate services; know that not a single one of my col- William T. Frain Jr., a distinguished Whereas violence is not a mode of free leagues believes that murder, bombing, individual, for being named Greater speech, is not entitled to constitutional pro- Manchester Chamber of Commerce Cit- tection, and should not be condoned as a terror and acts of intimidation are ap- propriate ways to express political izen of the Year for 1997. I commend his method of expressing an opinion; and consistent drive and aggressive encour- Whereas on January 2, 1995, the President views. agement to improve the quality of life instructed the Attorney General to direct— These bombings are a part of a ter- (1) the United States Attorneys to create rorist campaign—a campaign designed for his fellow citizens. task forces of Federal, State, and local law to destroy a woman’s right to choose William has held many officer roles enforcement officials to develop plans to ad- through violence. The United States as well as been a member of many or- dress security for reproductive health serv- Senate must condemn these attacks as ganizations. To name a few, he has ices clinics located within their jurisdic- been involved in the Board of Directors tions; and strongly and unequivocally as we con- demn other acts of terrorism—both of the Greater Manchester Chamber of (2) the United States Marshals Service to Commerce, New Hampshire Business ensure coordination between reproductive here and around the world. health services clinics and Federal, State, In addition to condemning the at- Committee for the Arts, and New and local law enforcement officials regarding tack, this resolution expresses the Hampshire Better Business Bureau. He potential threats of violence: Now, therefore, Sense of the Senate that the Attorney also devotes a great deal of time to be it General should fully enforce existing civic and charitable endeavors includ- Resolved, ing the Eastern Seal Society, Junior SECTION 1. SENSE OF THE SENATE. laws to protect the rights of American women seeking care at reproductive Achievement, The Humanities Council It is the sense of the Senate that the At- and Bishop of Manchester’s Summer torney General should— health services clinics. (1) fully enforce the law and protect from I am proud to be joined in this effort Reception Fund Committee. These are violent attack persons seeking to provide or by a distinguished, bipartisan group of just a few organizations with which he obtain, or assist in providing or obtaining, Senators. I hope the Senate can move has spent countless hours and dedi- reproductive health services; and cated service. This impressive list goes (2) allocate the resources needed to accom- quickly on this resolution and pass it as early as today. on and he should be very proud of these plish the mission of the Department of Jus- contributions. tice, including the protection of reproductive f William has enthusiastically worked health services clinics, as described in the instruction of the President on January 2, AUTHORITY FOR COMMITTEES TO with more than twenty organizations, 1995. MEET countless residents and employees, and SEC. 2. EXPRESSIVE CONDUCT. developed a considerable portfolio of COMMITTEE ON ARMED SERVICES Nothing in this resolution shall be con- citizenship. Four words come to mind strued to prohibit any expressive conduct Mr. FRIST. Mr. President, I ask that best represent what William is (including peaceful picketing or other peace- unanimous consent that the Com- trying to strengthen: community, ful demonstration) protected from legal pro- mittee on Armed Services be author- teamwork, partnership, and develop- hibition by the first amendment to the Con- ized to meet at 2 p.m. on Thursday, ment. These are terms that bind all stitution of the United States. February 5, 1998, in open session, to re- Americans together and strengthen the Mrs. BOXER. Mr. President, I rise to ceive testimony on the defense author- unity of this great country. submit a resolution condemning last ization request for fiscal year 1999 and These words best exhibit the tools he week’s tragic bombing of a reproduc- the future years defense program. employs to bring about positive change tive health services clinic in Bir- The PRESIDING OFFICER. Without and as a leader, encouraging others to mingham, Alabama. This vicious and objection, it is so ordered. rise to the calling of citizenship. Yet, unprovoked attack killed a police offi- COMMITTEE ON FINANCE cer and critically injured a clinic work- William is not just a great citizen, but Mr. FRIST. Mr. President, the Fi- er. a defender of companionship and a vi- Last week’s attack was the first clin- nance Committee requests unanimous sionary of better communities. ic bombing in the United States to consent to conduct a hearing on Thurs- William’s commitment to each orga- cause a fatality, but unfortunately, it day, February 5, 1998 beginning at 10 nization he represents is extremely was far from the first bombing. In re- a.m. in room 215 Dirksen. solid and substantial. He gives it his all cent years, reproductive health serv- The PRESIDING OFFICER. Without and inspires others to follow his lead. ices clinics have been the targets of an objection, it is so ordered. His actions and beliefs have become a unprecedented terror campaign. Last COMMITTEE ON ENVIRONMENT AND PUBLIC catalyst for significant change result- year alone, clinics in Atlanta, Georgia WORKS ing in profound achievements. Mr. and Tulsa, Oklahoma were bombed, re- Mr. FRIST. Mr. President, I ask President, I want to congratulate Wil- sulting in many serious injuries. unanimous consent that the full Com- liam for his outstanding work and I am This reign of terror began with the mittee on Environment and Public proud to represent him in the U.S. Sen- murder of Dr. David Gunn in Pensa- Works be granted permission to con- ate.∑

VerDate Mar 15 2010 00:33 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\1998SENATE\S05FE8.REC S05FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S458 CONGRESSIONAL RECORD — SENATE February 5, 1998 VERMONT OLYMPIANS just that on the U.S. Biathlon teams— any way we see fit, including its dese- ∑ Mr. LEAHY. Mr. President, I would Dan Westover from Colchester, Robert cration for the purpose of political pro- like to take a moment to honor the Rosser of Underhill, Kristina Viljanen- test. I want to commend Senator twenty-two Vermonters who will be Sabasteanski of Richmond, Deborah HATCH for once again leading us in this representing our country this week at Nordyke from Jericho, Kara Salmela of very worthwhile cause. the XVIIIth Winter Olympics in Bolton Valley, Algis Shalna (head Mr. President, with the introduction Nagano, Japan. Perhaps Chris Graff of coach) from Williston, and Timothy of this resolution, we resume our effort the Associated Press said it best when Derrick (assistant Coach) of Jericho. to protect the greatest symbol of the he noted in an article that appeared in Head Coach Shalna brings with him American experience. There is no more the Rutland Herald that Vermont pro- Olympic experience having competed powerful symbol of freedom, democ- duces more than its share of Olym- for the Soviet Union’s Gold Medal win- racy, and our commitment to those pians, ‘‘. . . a fact that should surprise ning team in the 1984 Winter Olympics. principles that the American flag, and no one. There is something about The group has been training at a state- it is altogether just that we try to en- Vermonters and the Vermont spirit of-the-art Vermont National Guard fa- sure that it is publicly displayed with that is so keenly associated with the cility in Jericho—which will be hosting pride, dignity, and honor. Make no mis- Olympic spirit.’’ Maybe it is the mix of the World Junior Biathlon Champion- take, Mr. President, the flag is not severe weather, Yankee stubbornness, ships just after the Olympics. merely a visual symbol to us, nor and that New England work ethic that New to the Olympics but familiar to should it be. Too many Americans have instills in Vermonters an appreciation Vermont is snowboarding. As the birth contributed too much of their labor, for hard work and perseverance. place of this sport and home to Jake their passion, and in some cases their Representing Vermont on the U.S. Burton’s renowned snowboard com- very being for it to be so simply re- Men’s Ice Hockey Team is the now fa- pany, it is appropriate that Vermont garded. For the flag permeates our na- mous John LeClair from St. Albans. will be sending three talented competi- tional history and relays the story of LeClair may play professional hockey tors as part of the first U.S. America in its simplest terms. Indeed, for the Philadelphia Flyers, but he has Snowboarding Team. Ross Powers from knowing how the flag has changed— never forgotten his roots in the small South Londonderry, Ron Chiodi of and in what ways it has remained con- city of St. Albans. John donates his Rochester, and Betsy Shaw of East stant—is to know the history and time and expertise to the people of Dorset will be traveling to Nagano this hopes of this country. Franklin County throughout the year. week. Ross knows all about travel More than 220 years ago, a year after His skill and All-American image have since snowboarding has taken him all the colonies had made their historic brought civility and a touch of New over the world. He will celebrate his decision to declare independence from England neighborliness to the most un- nineteenth birthday on February 10th Britain, the Second Continental Con- likely of sports. For the first time ever, and be joined by his mother, Nancy, in gress decided that the American flag the National Hockey League is com- Japan. East Dorset will be cheering for would consist of 13 red and white alter- peting in the Olympics. Vermonters are their neighbor, Betsy, who has nating stripes and 13 white stars in a rooting for John LeClair to leave a ‘‘surfed’’ mountains all over the globe field of blue. These stars and blue field lasting impression. but knows the ones in Southern were to represent a new constellation If there is one thing Vermonters Vermont best. Ron too will bring his in which freedom and government of excel at it is getting through snow, so Vermont experience at Stratton Moun- the people, by the people and for the it makes sense that Vermont is well tain with him to the Olympics. people would rule. As we all know, the represented on the U.S. Olympic Cross Also going to Nagano, Japan is constellation has grown to include 50 Country Ski Teams. Four Vermonters Vermonter Kathryn Vigesna Lipke of stars, but the number of stripes has re- will be on the team; Marc Gilbertson Belvidere. She will be serving as one of mained constant. In this way, the flag and Laura Wilson of Montpelier, Kerrin five international jurors who will judge tells all who view it that no matter Petty from Townshend, and Suzanne the snow-sculpting competitions. Hav- how large America may become, it is King of East Warren. This is Marc’s ing lived in the mountains of Belvidere forever rooted in the bedrock prin- first time as a member of a U.S. na- with its snowy peaks and dense woods, ciples of freedom and self-government tional team and I admire his grit in Kathryn will make an excellent judge that led those first 13 colonies to forge going after his Olympic dream. Laura, of cold weather beauty. a new nation. Kerrin and Suzanne will bring experi- I am truly proud of the athletes Equally important is the fact that ence to the women’s team and are aim- Vermont is sending to the Olympics. I the flag also represents our commit- ing to show the world what Vermont commend them for their hard work and ment to these ideals. This commitment women are made of. the example they set for Vermonters has exacted a high human toll, for The Nordic Combined event has Nor- and for athletes everywhere, and join which many of America’s best and wich native Tim Tetreault competing. all Vermonters in wishing them the brightest have given their last full Tim’s parents Tom and Anne will be best in the 1998 Winter Olympics.∑ measure of devotion. It is in their going to Japan this week to watch f memories and for their commitment to their son, who has been skiing since he America’s ideals that I am proud to was five, compete in his third Olympic PROTECTION OF THE AMERICAN support the amendment introduced games. The Freestyle U.S. Ski teams FLAG FROM PHYSICAL DESECRA- yesterday. also include four skiers and a head TION The amendment is necessary because coach from Vermont. Ann Battelle ∑ Ms. SNOWE. Mr. President, I am the Supreme Court, in its 1990 U.S. from Williston got hooked on skiing proud to join Senators HATCH, verses Eichman ruling, held that burn- during her years at Champlain Valley CLELAND, and others in cosponsoring ing the flag in political protest was Union High School and has never the proposed constitutional amend- constitutionally protected free speech. looked back. Jim Moran of Stowe and ment to grant the States and Congress No one holds our right to free speech Evan Dybvig of Turnbridge who have the power to prohibit the physical more dearly than I do, Mr. President, both spent many cold hours conquering desecration of the flag of the United but in my view, the Eichman decision the slopes of Stowe, will also be com- States. Our flag occupies a truly unnecessarily rejects the deeply held peting. Donna Weinbrecht, another unique place in the hearts of millions reverence in which millions of Ameri- team member, knows well all the steep of citizens as a cherished symbol of cans hold our flag. With all the forums trails and sharp twists at Killington freedom and democracy. As a national for public opinion available to Ameri- mountain. The four will be joined by emblem of the world’s greatest democ- cans every day, from television and coach Jeff Good from Williston. racy, the American flag should be radio, to newspapers and internet chat Skiing comes naturally for treated with respect and care. I have rooms, Americans are afforded ample Vermonters, but add a rifle and you long held that our free speech rights do opportunity to freely and fully exercise have a sport Vermonters can really get not entitle us to consider the flag as their legitimate, constitutional right behind! Seven Vermonters will be doing merely personal property, to be treated to free speech, even if what they have

VerDate Mar 15 2010 00:33 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\1998SENATE\S05FE8.REC S05FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 5, 1998 CONGRESSIONAL RECORD — SENATE S459 to say is overwhelmingly unpopular Dr. Braude was terminated one day her distaste for the internal politics of with a majority of American citizens. after being praised for her work and in- other active members. Her membership Simply put, protecting the flag from formed that she would probably be pro- at the Book Shop was only discovered desecration poses no serious threat to moted. She was told that her termi- when her name appeared on a list of de- the exercise of free speech in America. nation was due to budgetary con- linquent dues. It appears that her most We must also remember that this straints, but the truth was that she sinister crime while a member of the constitutional amendment is carefully was selected for termination because of book shop was her failure to return a drafted to simply allow the Congress the old—and answered—charges book on time. and individual State legislatures to against her. Because she did not know Dr. Braude met Mary Jane Keeney on enact laws prohibiting the physical the real reason for her dismissal, she behalf of a third woman who actively desecration of the flag, if they so was denied certain procedural rights, aided Nazi victims after the war and choose. It certainly does not stipulate including the right to request a hear- was anxious to send clothing to an- or require that such laws be enacted, ing. other woman in occupied Germany. Dr. although many States and the Federal Over time she grew suspicious. When Braude knew nothing of Keeney’s polit- Government have already dem- she was unable, over the course of sev- ical orientation and characterized the onstrated widespread support for doing eral years, to secure employment any- meeting as a transitory experience. so. In fact, prior to the Supreme where else in the Federal government— With regard to the third charge, Dr. Court’s rulings on this issue, 48 States, even in a typing pool despite a perfect Braude, in response to an interrogatory including my own State of Maine, and score on the typing test—she became from the State Department’s Loyalty the Federal Government has anti-flag- convinced that she had been Security Board, argued that she be- burning laws on their books for years. blacklisted. The Privacy Act of 1974 en- longed to an anti-Communist faction of So really what we do with this resolu- abled her to obtain her government the State Department unit of the Fed- tion is give the American flag the pro- files and confirm her suspicions. She eral Workers’ Union. tection that almost all the States, the invested much time and energy fight- Remember that the Loyalty Security Federal Government, and a large ma- ing to regain Federal employment and Board investigated these charges and jority of the American people have al- restore her reputation. She was par- exonerated her. The fourth charge, which Dr. Braude ready endorsed. tially successful. In 1982, at the age of Protecting the flag also enjoys wide- certainly did not—or could not—deny, 69, she was hired as a language instruc- was her friendship with Judith Coplon. spread support in Congress. During the tor in the CIA. Sadly, she still had not 104th Congress, the House of Represent- Braude met Coplon in the summer of been able to clear her name by the 1945 when both women attended a class atives overwhelmingly passed a flag time of her death in 1988. The irony of protection resolution, and 63 Senators Herbert Marcuse taught at American the charges against Dr. Braude is that University. They saw each other infre- supported a resolution identical to this she was an anti-communist, having one. Just last year, the House or Rep- quently thereafter. In May 1948, Coplon witnessed first-hand Communist-spon- resentatives, to its credit, reaffirmed wrote to Braude, then stationed in sored terrorism in Europe while she its commitment to the sanctity of the Paris and living in a hotel on the Left was an assistant cultural affairs officer American flag by once again passing a Bank, to announce that she would be in Paris and, for a brief period, an ex- flag protection resolution with ease. visiting shortly and needed a place to change officer in Bonn during the late Now it is time for the Senate to show stay. Dr. Braude arranged for Coplon to 1940’s and early 1950’s. stay at the hotel. Coplon stayed for 6 a similar commitment. Mr. President, I have reviewed the Whether our flag is flying over weeks, during which time Dr. Braude charges against Dr. Braude before on Fenway Park, a military base, a found her behavior very trying. The the floor of the Senate, but I think school, or on a flag pole on Main two parted on unfriendly terms. The that they merit repeating because they Street, the stars and stripes have al- friendship they had prior to parting ways represented the ideals and values are illustrative of that dark era and was purely social. that are the foundation of this great are instructive to us even today. There Mr. President, Judith Coplon was a Nation. Our flag has come to not only were a total of four charges. First, she spy. She worked in the Justice Depart- represent the pride we have for our Na- was briefly a member of the Wash- ment’s Foreign Agents Registration tion’s past glories, but also to stand for ington Book Shop on Farragut Square Division, an office integral to the FBI’s the hope we all harbor for our Nation’s that the Attorney General later labeled counter-intelligence efforts. She was future. Mr. President, it is with this subversive. Second, she had been in arrested early in 1949 while handing pride and hope that I urge my col- contact with Mary Jane Keeney, a over notes on counterintelligence oper- leagues to support this amendment. Communist Party activist employed at ations to Soviet citizen Valentine the United Nations. Third, she had f Gubitchev, a United Nations employee. been a member of the State Depart- Coplon was tried and convicted—there PAYMENT OF AN EQUITABLE ment unit of the Communist-domi- was no doubt of her guilt—but the con- CLAIM TO DR. BEATRICE BRAUDE nated Federal Workers’ Union. Fourth, viction was overturned on a techni- ∑ Mr. MOYNIHAN. Mr. President, I rise she was an acquaintance of Judith cality. Gubitchev was also convicted today with good news. We have at long Coplon. but was allowed to return to the last seen a measure of justice in a case With regard to the first charge, Dr. U.S.S.R. because of his quasi- diplo- which brings back memories of an Braude had indeed joined the Book matic status. awful time in our nation’s history. Shop shortly after her arrival in Wash- Judith Coplon was a spy. Beatrice In 1953 Dr. Beatrice Braude, a lin- ington in 1943. She was eager to meet Braude was not. We know that Judith guist, was wrongfully dismissed from congenial new people and a friend rec- Coplon was not alone as a Soviet spy; her position at the United States Infor- ommended the Book Shop, which though there were not as many as one mation Agency and was subsequently hosted music recitals in the evenings. I might have imagined given the Amer- blacklisted by the Federal government must express some sensitivity here: my ican response. In 1956, Edward A. Shils as a result of accusations of disloyalty F.B.I. records report that I was ob- captured the overreaction to Com- to the United States. The accusations served several times at a ‘‘leftist musi- munist activities in the United States were old. Two years earlier the State cal review’’ in suburban Hampstead in his fine, small study, The Torment Department’s Loyalty Security Board while I was attending the London of Secrecy: The Background and Con- had investigated and unanimously School of Economics on a Fulbright sequences of American Security Pol- voted to dismiss them. The Board sent Fellowship. icy. ‘‘The American visage began to a letter to Dr. Braude stating ‘‘there is Dr. Braude was aware of the under- cloud over,’’ Shils wrote. ‘‘Secrets were no reasonable doubt as to your loyalty current of sympathy with the Russian to become our chief reliance just when to the United States Government or as cause at the Book Shop, but her mem- it was becoming more and more evi- to your security risk to the Depart- bership paralleled a time of close U.S.- dent that the Soviet Union had long ment of State.’’ Despite this, her name Soviet collaboration. She drifted away maintained an active apparatus for es- was not cleared. from the Book Shop in 1944 because of pionage in the United States. For a

VerDate Mar 15 2010 00:33 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\1998SENATE\S05FE8.REC S05FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S460 CONGRESSIONAL RECORD — SENATE February 5, 1998 country which had never previously duced similar legislation on Dr. the time she was fired from the United thought of itself as an object of sys- Braude’s behalf. Our attempts met States Information Agency, where she trans- tematic espionage by foreign powers, it with repeated failure. Until at last, on lated French newspapers. It has been 23 years since the Freedom of was unsettling.’’ September 21, 1993, we secured passage Information Act opened government files The larger society, Shils continued, of Senate Resolution 102, which re- and she was able to confirm her suspicions: was ‘‘facing an unprecedented threat to ferred S. 840, the bill we introduced for that the Office of Security recommended its continuance.’’ In these cir- the relief of the estate of Dr. Braude, that she be fired, citing a report from an FBI cumstances, ‘‘The fantasies of apoca- to the Court of Claims for consider- informant that Braude was in contact with a lyptic visionaries * * * claimed the re- ation as a congressional reference ac- communist in November 1946 and that she spectability of being a reasonable in- had visited a leftist book store. tion. The measure compelled the Court A decade has passed since Braude died at terpretation of the real situation.’’ A to determine the facts underlying Dr. culture of secrecy took hold within the age of 75. Most of the government offi- Braude’s claim and to report back to cials involved in her firing are also dead. American government, while a hugely Congress on its findings. Braude was among 1,500 federal employees divisive debate raged in the Congress The Court held a hearing in Novem- dismissed for similar associations and accu- and the press. ber 1995 and on March 7, 1996 Judge sations from 1953 to 1956, and 6,000 others re- The public now divided. There were Roger B. Andewelt issued his verdict signed under pressure of security and loyalty those who perceived of treason on that the USIA had wrongfully dis- inquiries, according to experts. No one, how- ever, fought back as long and as hard as every hand, and so we witnessed the missed Dr. Braude and intentionally spectacle of Senator Joseph McCarthy Braude. concealed the reason for her termi- A lawsuit she filed bounced around various making such accusations of George C. nation. He concluded that such actions courts for years until the U.S. Claims Court Marshall. Charges and counter-charges constituted an equitable claim for ruled that the statute of limitations had run of Communist conspiracies pro- which compensation was due. Forty- out. She then persuaded New York Sens. liferated. three years after her dismissal from Daniel Patrick Moynihan (D) and Alfonse A balanced history of this period is the USIA and 8 years after her death, D’Amato (R) to sponsor legislation that now beginning to appear, but at the mandated review of the case by the U.S. the Court found in favor of the estate time, the American government and Court of Federal Claims. of Dr. Braude. The Justice Department fought the case, the American public was confronted Justice Department attorneys with possibilities and charges, at once saying that the government should not be reached a settlement with lawyers rep- judged by today’s standards and that perhaps baffling and terrifying. A fault line ap- resenting Dr. Braude’s estate con- Braude had failed to find employment for peared in American society that con- cerning the monetary damages. In due years because she was a woman, and over age tributed to more than one political cri- time, $200,000 in damages were appro- 40. sis in the years that followed. However, Judge Roger B. Andewelt ruled priated by Congress. The first fact is that a significant about two years ago that Braude was a loyal I am happy to report that Beatrice Communist conspiracy was in place in American who had been unlawfully per- Braude’s estate has just received a Washington, New York, and Los Ange- secuted and that she had an ‘‘equitable check from the Department of Justice. les, but in the main those involved sys- claim’’ based on tort law, which recognizes Fully forty-five years after her wrong- tematically denied their involvement. moral wrongdoing. He ordered the Justice ful dismissal and ten years after her Department to negotiate an award with at- This was the mode of Communist con- death, Beatrice Braude’s reputation torneys from Covington and Burling, a D.C. spiracy the world over. law firm that continued to fight Braude’s The second fact is that many of those has been restored and the United States government has paid her estate case pro bono after her death. who came to prominence denouncing The lawyers settled on $200,000, and in No- Communist conspiracy, accusing sus- for the damages it inflicted during a vember, Congress approved the funds as part pected Communists and ‘‘comsymps,’’ dark period of our history. The money of a spending bill for the Justice Depart- clearly knew little or nothing of such will be donated to Hunter College, the ment. Braude’s brother, 79-year-old Theodore matters. And in many instances, just institution from which Dr. Braude re- Braude, said he was told last week that the as clearly were not in the least con- ceived her bachelor’s degree. Happily, check to be paid to Braude’s estate is in the mail. cerned. And so while there were spies students at Hunter College are now learning a more balanced history of the ‘‘Immediately on receipt it will be copied like Coplon who were caught, there and framed,’’ Braude said. ‘‘The most impor- were also innocent people who, having Cold War. We are now not in the least tant thing is that her name was cleared, that been accused, were unable to remove concerned about the infiltration of the the government admitted an injustice. That the stain. Dr. Braude is one such. government by ideological enemies. makes a whole lot of us feel better.’’∑ My involvement in Dr. Braude’s case With the end of the Cold War we are f dates back to early 1979, when she able to learn much more of the facts of TRIBUTE TO THE BOY SCOUTS OF came to me and my colleague at the the Communist threats we faced. Our AMERICA ON THE OCCASION OF time, Senator Javits, and asked us to response to that threat was certainly THE 88TH ANNIVERSARY OF ITS introduce private relief legislation on mixed and I am pleased that we have FOUNDING her behalf. In 1974, after filing a Free- been able to set the matter of Beatrice dom of Information Act request and fi- Braude to right. ∑ Mr. GRAMS. Mr. President, I rise nally learning the true reason for her Senator D’AMATO and I wish to ex- today to pay tribute to the Boy Scouts dismissal, she filed suit in the Court of press our profound gratitude to Joan L. of America (BSA) on the occasion of Claims to clear her name and seek re- Kutcher and Christopher N. Sipes of the 88th Anniversary of its founding on instatement and monetary damages for Covington & Burling, two of the many February 8, 1998. the time she was prevented from work- lawyers who have handled Dr. Braude’s At the turn of the century in Eng- ing for the Federal government. The case on a pro bono basis over the years. land, Robert Baden-Powell, an outdoor Court, however, dismissed her case on It is thanks to their tireless dedication enthusiast and a veteran of the British the grounds that the statute of limita- that history has been made and Dr. Army’s campaigns in Africa, published tions had expired. On March 5, 1979, Braude’s name has been cleared. a nature skills book intended for young Senator Javits and I together intro- I ask that an article appearing in the people to expose them to the rewards duced a bill, S. 546, to waive the stat- January 26, 1998 issue of the Wash- offered by a working knowledge of na- ute of limitations on Dr. Braude’s case ington Post, ‘‘45 Years Later, U.S. Pays ture. The book was titled ‘‘Scouting for against the U.S. government and to Up,’’ be printed in the RECORD. Boys’’ and was based on survival manu- allow the Court of Claims to render The article follows: als Baden-Powell authored during his judgment on her claim. The bill passed [From the Washington Post, Jan. 26, 1998] military career. Shortly after the the Senate on January 30, 1980. Unfor- UPDATE ON THE NEWS book’s publication, Baden-Powell led a tunately, the House failed to take ac- (By Cindy Loose) group of 22 boys on a scouting exhi- tion on the bill before the 96th Con- 45 YEARS LATER, U.S. PAYS UP bition on Brownsea Island, off the gress adjourned. It has taken awhile for the $200,000 U.S. coast of England, for the purpose of ap- In 1988, and again in 1990, 1991, and government check for Beatrice ‘‘Bibi’’ plying the principles contained in the 1993, Senator D’AMATO and I re-intro- Braude to show up—45 years, reckoned from book.

VerDate Mar 15 2010 00:33 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\1998SENATE\S05FE8.REC S05FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 5, 1998 CONGRESSIONAL RECORD — SENATE S461 From that original group of 22 sprang day by my distinguished colleague wrap the protection of our Constitu- forth a movement which now boasts from Utah, Senator ORRIN HATCH, pro- tion around the Flag.∑ over 5 million members in this country posing an amendment to the Constitu- f alone, and continues to grow each year. tion authorizing Congress to prohibit In my home state of Minnesota, the Vi- the physical desecration of the Amer- ORDERS FOR MONDAY, FEBRUARY king Council of the Boy Scouts of ican Flag. 9, 1998 America serves over 57,000 youths be- From the birth of our nation, the Mr. LOTT. Mr. President, I ask unan- tween the ages of 5 and 20, making it Flag has represented all that is good imous consent that when the Senate the 21st largest of the 335 Boy Scout and decent about our country. Whether completes its business today, it stand Councils in this country. it be the battlefields of Bunker Hill and in adjournment until 11 a.m. on Mon- Participation in the Boy Scouts of Gettysburg, the trenches of Flanders day, February 9, and immediately fol- America gives young people a sense of Field, the shores of Normandy, the rug- lowing the prayer the routine requests self-worth and satisfaction that is the ged terrain of Korea, the jungles of the through the morning hour be granted, product of setting and accomplishing Mekong, or the desert of Kuwait—the and that there then be a period for goals, and being a part of a winning Stars and Stripes led young Americans morning business until 12 noon, with team. Such experiences cultivate dis- into battle. Proud young soldiers would Senators permitted to speak therein cipline and a sense of responsibility carry it high, and if they should fall for up to 5 minutes each, with the fol- that are assets for life. another would be right there to pick up lowing exceptions: Senator KYL for 10 By cooperating with peers to achieve Old Glory and carry it forward. It may minutes, Senator BYRD for 20 minutes, a common end, Scouts learn valuable have been tattered by the battle and and Senator HAGEL for 20 minutes. lessons in leadership. Countless civic, singed by fire of war, but the American The PRESIDING OFFICER. Without professional, and community leaders flag burned as a guiding beacon of hope objection, it is so ordered. throughout our Nation were involved and freedom for our young men and Mr. LOTT. Mr. President, I ask unan- in the Boy Scouts of America as women. For those who paid the ulti- imous consent that, at noon, the Sen- youths, including 302 members of the mate price for our nation, the Flag ate resume consideration of the 104th Congress. blanketed their journey and graced Satcher nomination for up to 6 hours of Through programs like the ‘‘Urban their final rest place. debate, as under the previous order. Scouting Emphasis,’’ which has over You see, Mr. President, the Flag is The PRESIDING OFFICER. Without 4,300 participants in urban Min- not just a piece of cloth. The ‘‘broad objection, it is so ordered. neapolis, the Boy Scouts of America is stripes and bright stars’’ shining f bringing its valuable life lessons to through the ‘‘rockets’ red glare’’ in- inner city youth who are particularly spired Francis Scott Key to write the PROGRAM at risk of falling victim to the entrap- Star Spangled Banner. It is a symbol so Mr. LOTT. Mr. President, the Senate ments of the streets. The Boy Scouts of sacred to our nation that we teach our will not be in session tomorrow, but America offers a place where young children not to let it touch the ground. will convene on Monday, as I have just people can gain a sense of belonging It flies over our schools, our churches indicated, February 9—although no and loyalty that they may otherwise and synagogues, our courts, our seats rollcall votes will occur on Monday—so seek to find in street gangs. Further- of government and homes across Amer- that the debate can go forward on the more, the importance of programs like ica. The Pledge of Allegiance unites all Satcher nomination for the position of ‘‘Urban Emphasis’’ is amplified when Americans regardless of race, creed or Assistant Secretary of HHS and Sur- considering the annual cost per youth color. The flag is not just a symbol of geon General. served by Viking Council is $58.31, America, it is America. As a reminder to all Members, the whereas the cost of housing a juvenile Those who oppose this legislation say next rollcall vote will occur then on in- offender is $100.00 per day. that it impinges on freedom of speech voking cloture on the Satcher nomina- Of course all the forementioned and violates our Constitution. In my tion, if necessary, and I presume it will would hardly be possible without the view this is a hollow argument. There be at 11 a.m. on Tuesday, February 10. adult volunteers who are the founda- are many limits placed on ‘‘free If cloture is invoked on that nomina- tion of the Boy Scouts of America. Cur- speech,’’ including limiting yelling tion, a second vote would occur imme- rently there are over 1.3 million men ‘‘fire’’ in a crowded theater. Other free- diately on the confirmation of the and women nationwide who, in the doms of speech and expression are lim- nomination. Also, a cloture motion was spirit of Robert Baden-Powell, gra- ited by our slander and libel laws. filed on the motion to proceed to the ciously give their time and talents to In 1989 and 1990 the Supreme Court of cloning legislation; therefore, that vote ensure that the youth of society grow this great nation struck down flag pro- will occur on Tuesday as well. into well-adjusted adults. Adult volun- tection laws by narrow votes. The f teers touch the lives of young people Court has an obligation to protect and RECORD TO REMAIN OPEN UNTIL 4 by serving as excellent role models and preserve our fundamental rights as P.M. TODAY teachers, as well as caring friends. citizens. However the American people The Boy Scouts’ objectives are de- understand the difference between free- Mr. LOTT. Mr. President, I ask unan- fined in the ‘‘Aim of Scouting’’ as dom of speech and ‘‘anything goes.’’ imous consent that the Record remain being character development, citizen- When our citizens disagree with our open until 4 p.m. today for Members to ship training, and personal fitness. On national policy, there are a number of introduce legislation and to submit the surface, these aims may seem sim- options available to them other than statements for the RECORD. plistic, yet many have forgotten the destroying the American Flag to make The PRESIDING OFFICER. Without importance of these principles. Thank- their point. Let them protest, let them objection, it is so ordered. fully, these principles continue to pros- write to their newspaper, let them or- f ganize, let them march, let them shout per in the Boy Scouts of America. INTERMODAL SURFACE TRANS- Mr. President, for 88 years the Boy to the rooftops—but we should not let PORTATION EFFICIENCY ACT RE- Scouts of America has been teaching them burn the Flag. Too many have AUTHORIZATION the value of community, Nation, and died defending the Flag for us to allow Creator to our Nation’s youth. This is it to be used in any way that does not Mr. LOTT. Mr. President, in conclu- truly grounds for celebration.∑ honor their sacrifice. sion, before I take the Senate out fol- f Mr. President, in a day where too lowing the statement of Senator KEN- often we lament what has gone wrong NEDY, I want to briefly comment on AMENDING THE CONSTITUTION TO with America, it’s time to make a some statements that have been made PROHIBIT FLAG DESECRATION stand for decency, for honor and for today and yesterday here and in other ∑ Mr. HAGEL. Mr. President, I rise pride in our nation. Just as the Flag arenas and forums. There are those today to speak in support of Senate has wrapped itself around the hearts saying we should immediately bring up Joint Resolution 40, introduced yester- and souls of our nation, let us now the ISTEA highway bill.

VerDate Mar 15 2010 00:33 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\1998SENATE\S05FE8.REC S05FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S462 CONGRESSIONAL RECORD — SENATE February 5, 1998 First, I want to remind the Senate to show leadership and to lead and go DEPARTMENT OF HEALTH AND HUMAN that I urged the House and the Senate first. The Senate would not do it. Now, SERVICES, NATIONAL INSTITUTES and interested parties to do this bill let’s act in concert. OF HEALTH, last year when it should have been Let’s work with the House. Let’s do Bethesda, MD, February 3, 1998. Hon. JOHN ASHCROFT, done, because it expired last year. That this together. Nobody wants to bring U.S. Senate, is No. 1. No. 2, because it was not an this up more than I do. But my respon- Washington, DC election year and I knew, if we waited sibility as majority leader is to make DEAR SENATOR ASHCROFT: Your ‘‘Dear Col- until this year, we would have less sure that we have thought it through league’’ letter criticizing Dr. David Satcher’s time and more pressure as we try to de- and know what the impact will be on a support for studies of maternal-to-infant cide how $175 billion or more is fairly budget agreement that we gave our transmission of HIV in developing countries distributed across the country. has been brought to my attention. I am writ- word to the American people on. I in- ing to offer a different view of the situation I remind the Senators of that, and tend for us to keep it, and I will do ev- from my perspective as the Director of the they know now and they knew then erything I can to get that result. National Institutes of Health, a sister agen- that I was right. I stood right here and cy in the Department of Health and Human filed not one, not two, not three, but f Services that also conducts studies to pre- four cloture motions to try to bring to vent transmission of HIV in the developing world. a conclusion unrelated debate and ORDER FOR ADJOURNMENT delays based on pure politics, if I may Virtually all parties involved in this dif- ficult issue acknowledge that there are many suggest, but for an unrelated issue. I Mr. LOTT. Mr. President, if there is no further business to come before the factors to be considered in determining kept saying we need to deal with this whether to use a placebo-controlled group in bill, and others kept saying, ‘‘Until you Senate, I now ask that the Senate a clinical trial; several of these factors are agree to what we want on an unrelated stand in adjournment under the pre- discussed in an attached article from the issue, we are not going to let you bring vious order following the remarks of New England Journal of Medicine, co-au- up ISTEA.’’ Senator KENNEDY. thored by Dr. Satcher and me a few months That was a mistake. The Senate Mr. President, the Senator is in the ago. For the trials in question, the general made a mistake. Now some of the same area. He will return shortly I am sure design of the studies was carefully consid- people not voting to bring it up last to give his remarks. I observe the ab- ered by the World Health Organization and sence of a quorum until he can return. the Joint United Nations Program on HIV/ year are saying, ‘‘Where is it? Please AIDS, and the specific studies we support bring it up,’’ demanding that it be The PRESIDING OFFICER. The have been reviewed and approved by duly brought up right away. clerk will call the roll. constituted Institutional Review Boards in Well, the world is different now. A lot The bill clerk proceeded to call the the United States and in the countries in has happened. For one thing, we find roll. which the studies are being performed. that we may actually have a little Mr. KENNEDY. Mr. President, I ask The essential point is that the studies are more money than we anticipated last unanimous consent that the order for designed to provide information useful to the year. There are very few Senators that management of HIV infection in the coun- the quorum call be rescinded. tries in which the studies are done; to act have a longer history of having voted The PRESIDING OFFICER. Without otherwise and generate knowledge applicable to spend the highway trust fund for the objection, it is so ordered. only in wealthier parts of the world would, purpose it was intended—highways. in my opinion, be exploitative of the subjects There are very few places where I think f of the study. Viewed in this context, it is en- the Government should be involved in tirely appropriate that we are supporting studies in the developing world that would spending money. Defense is one and NOMINATION OF DR. SATCHER budding infrastructure is the other. not be conducted in the United States. The article to which you allude in your This is a place where people can’t do it Mr. KENNEDY. Mr. President, first of all, I want to express the apprecia- ‘‘Dear Colleague’’ letter, by Dr. Marcia by themselves. The Government has to Angell, the Deputy Editor of the New Eng- do its part. tion of all of us to the majority leader land Journal of Medicine, presents a view So I want this. I want more money. for scheduling this nomination prompt- that is not generally accepted in the medical But I also have a responsibility as ma- ly in this session. I thank the majority community. Indeed her views have been jority leader to look at this from the leader for scheduling this Satcher nom- strongly contested by many knowledgeable standpoint of how does it relate to the ination, and also for filing the cloture physicians, scientists, and ethicists, includ- overall budget? How is it going to af- motion. ing some members of the Editorial Board of fect all these other programs? And We had an opportunity to make the the Journal who have offered their resigna- presentation, and the excellent presen- tions in protest. (The enclosed essay by Dr. what we did last year—we stood out Satcher and me was also written in response here in the rotunda and said that we tation by Senator FRIST yesterday, to Dr. Angell’s article.) had reached an agreement with the which I thought was just so compel- Finally, I must take issue with the conten- President of the United States on a ling. There were those who took some tion that the current CDC- and NIH-sup- balanced budget, on how to control issue with the record of Dr. Satcher. ported trials are similar to the infamous taxes and how to control spending. We But I do believe that at the end of the Tuskegee study. In that study, the course of entered into an agreement. We entered day yesterday the membership would a disease (syphilis) was observed without at- be convinced of the quality of this ex- tempts to intervene, and informed consent into an agreement in every category was neither sought nor obtained from the re- across the board. We said we will spend traordinary nominee and the incredible search subjects. In the current studies, the this much on transportation, this opportunity that all America has for goal is to find useful means to prevent trans- much on education, this much on hous- his service when he is confirmed, which mission of HIV, the studies are closely super- ing, interior, energy, right across the I expect will be on Tuesday next. vised by many knowledgeable people, and in- board. So we look forward to the oppor- formed consent has been obtained from each Now, if we open the year up by rais- tunity to vote and to hopefully see Dr. enrolled individual. The analogy to Tuskegee ing spending, without looking at how it Satcher in that important position. is inappropriate and distracting. I appreciate that there are legitimate con- will affect everything else, we could In response to questions raised yes- cerns about the ethical conduct of clinical break the dam and have another ava- terday, I also am including a copy of a trials in developing countries, but the de- lanche of spending. I am not saying it letter from Dr. Harold Varmus, Direc- bates need to be described in a fashion that will happen. I am not saying how it tor of the National Institutes of gives due consideration to the arguments on should happen. I am just saying we Health, to Senator ASHCROFT regarding both sides. Furthermore, Dr. Satcher’s posi- should take our time and see what’s studies of maternal-to-infant trans- tion on these trials should not, in my opin- going to happen before we charge for- mission of HIV in developing countries. ion, constitute grounds for opposing his ward. Why does the Senate need to do I ask unanimous consent that these nomination to be Surgeon-General of the United States. Indeed, even Dr. Sidney Wolfe this when the House is not going to materials be printed in the RECORD. of Public Citizen, one of the strongest critics act? They are not going to act this There being no objection, the letter of the position Dr. Satcher and I have taken, month and not until at least the end of was ordered to be printed in the is an ardent supporter of Dr. Satcher’s nomi- next month. I tried to get the Senate RECORD, as follows: nation.

VerDate Mar 15 2010 00:33 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\1998SENATE\S05FE8.REC S05FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 5, 1998 CONGRESSIONAL RECORD — SENATE S463 I offer these comments on your letter in tion Mitigation and Air Quality Pro- DEPARTMENT OF AGRICULTURE hopes that they will be useful to you and gram, bikeways and other initiatives KEITH C. KELLY, OF ARIZONA, TO BE A MEMBER OF your colleagues in considering Dr. Satcher’s that enhance the quality of life in our THE BOARD OF DIRECTORS OF THE COMMODITY CREDIT CORPORATION, VICE GRANT BUNTROCK. nomination to this important post. communities. Sincerely, STATE JUSTICE INSTITUTE I hope we will be able to build on the HAROLD VARMUS, M.D., ROBERT A. MILLER, OF SOUTH DAKOTA, TO BE A MEM- Director, NIH. original ISTEA law, sustaining its in- BER OF THE BOARD OF DIRECTORS OF THE STATE JUS- TICE INSTITUTE FOR A TERM EXPIRING SEPTEMBER 17, f novative programs and laying the foun- dation for greater economic growth. To 2000, VICE DAVID ALLEN BROCK, TERM EXPIRED. INTERMODAL SURFACE TRANS- do that, we need to make a substan- IN THE AIR FORCE PORTATION EFFICIENCY ACT RE- tially larger investment that will ad- THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED AUTHORIZATION STATES OFFICERS FOR APPOINTMENT IN THE RESERVE dress the many urgent transportation OF THE AIR FORCE TO THE GRADE INDICATED UNDER Mr. KENNEDY. Mr. President, I want needs facing the country, and also fac- TITLE 10, U.S.C., SECTION 12203: to join Senator BYRD and others who ing my own State of Massachusetts To be major general were speaking today in support of that has some very special needs. BRIG. GEN. FRED E. ELLIS, 0000. I commend Senator BYRD for his ex- BRIG. GEN. EDWARD R. JAYNE II, 0000. prompt action on an issue of major im- BRIG. GEN. CARL A. LORENZEN, 0000. portance to the country—the ISTEA traordinary leadership on all of these BRIG. GEN. RICHARD A. PLATT, 0000. vital infrastructure issues. The amend- BRIG. GEN. JOHN H. SMITH, 0000. reauthorization that will set the coun- BRIG. GEN. IRENE TROWELL-HARRIS, 0000. try’s course for the next six years on ment he proposed last fall will make a To be brigadier general transportation policy and investments. significant difference for all states, en- COL. WILLIAM E. BONNELL, 0000. I noticed the majority leader had in- abling us to meet all of the new chal- COL. EDWARD H. GREENE II, 0000. dicated that there were some dif- lenges more effectively. COL. ROBERT H. HARKINS III, 0000. COL. JAMES W. HIGGINS, 0000. ferences about the consideration of I think he makes a compelling case. COL. ROBERT F. HOWARTH, JR., 0000. that proposal last year. Let the Senate make its judgments. COL. THOMAS C. HRUBY, 0000. But the fact of the matter remains COL. RICHARD S. KENNEY, 0000. Let the Senate decide. It is difficult to COL. PHIL P. LEVENTIS, 0000. that when I look over what we are in- justify and say we are not going to let COL. CHARLES A. MORGAN III, 0000. volved in outside of the Dr. Satcher COL. JERRY W. RAGSDALE, 0000. the Senate decide because we might COL. LAWRENCE D. RUSCONI, 0000. nomination, it seems that we certainly have the votes for a particular posi- COL. RICHARD H. SANTORO, 0000. would have the opportunity for the COL. WAYNE L. SCHULTZ, 0000. tion, which is at least partly delaying COL. RALPH S. SMITH, JR., 0000. consideration of the ISTEA reauthor- the opportunity to consider the legisla- COL. RONALD C. SZARLAN, 0000. ization. And looking over the antici- COL. JAMES K. WILSON, 0000. tion. COL. RUTH A. WONG, 0000. pated schedule, I would think that we We can’t afford to have this impor- IN THE MARINE CORPS could deal with this, and deal with it tant debate drag on into the months THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT appropriately, certainly before the ahead. The country’s transportation IN THE RESERVE OF THE UNITED STATES MARINE CORPS February recess. I don’t know what needs are urgent and can’t wait. We TO THE GRADE INDICATED UNDER TITLE 10, U.S.C., SEC- else has been placed on the schedule should take up the ISTEA legislation TION 12203: prior to that time next week. Certainly and complete action on it promptly, to To be brigadier general we would make time for any kind of avoid paralysis in critical ongoing COL. JOHN W. BERGMAN, 0000. COL. JOHN J. MCCARTHY, JR., 0000. consideration or resolution on the work involving transportation con- issues of Iraq. But barring that, it struction, public transit operations, f would seem to me that reauthorization traffic safety programs, and other could be dealt with by that particular issues that demand attention. CONFIRMATIONS time. Mr. President, I may have more to This debate has major ramifications, say on this subject. I know that the Executive nominations confirmed by not only for the Nation’s transpor- Senate is anxious to recess in order to the Senate February 5, 1998: tation system, but for the economy and hear the full report of the Secretary of IN THE AIR FORCE the environment. State. THE FOLLOWING NAMED UNITED STATES AIR FORCE What Congress does with this legisla- OFFICER FOR APPOINTMENT AS THE VICE CHAIRMAN OF So I will yield at this time and hope THE JOINT CHIEFS OF STAFF AND FOR APPOINTMENT TO tion will, in many ways, define the de- that the Senate will follow the leader’s THE GRADE INDICATED UNDER TITLE 10, U.S.C., SECTION gree to which communities across the motion for adjournment. 154: country will be able to take full advan- To be general f tage of the possibilities for economic GEN. JOSEPH W. RALSTON, 0000. development and growth in the years ADJOURNMENT UNTIL 11 A.M., THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ahead. Without a modern, safe and effi- MONDAY, FEBRUARY 9, 1998 IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE cient transportation network, Amer- The PRESIDING OFFICER. Under AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION ica’s businesses can’t compete as effi- the previous order, the Senate will 601: ciently, America’s cities can’t be revi- stand in adjournment until 11 a.m. on To be lieutenant general talized as effectively, and America’s Monday, February 9. MAJ. GEN. THOMAS R. CASE, 0000. families will lose valuable time in the Thereupon, the Senate, at 3:52 p.m., IN THE ARMY daily struggle to move from home to adjourned until Monday, February 9, THE FOLLOWING ARMY NATIONAL GUARD OF THE work, and carry out all the other re- 1998, at 11 a.m. UNITED STATES OFFICER FOR APPOINTMENT IN THE RE- sponsibilities of daily life. SERVE OF THE ARMY TO THE GRADE INDICATED UNDER This legislation will also have a f TITLE 10, U.S.C., SECTION 12203: To be brigadier general major impact on the environment, as NOMINATIONS we debate what direction the law COL. MICHAEL J. SQUIER, 0000. Executive nominations received by should take. A major goal is to pre- THE FOLLOWING ARMY NATIONAL GUARD OF THE the Senate February 5, 1998: UNITED STATES OFFICER FOR APPOINTMENT IN THE RE- serve and strengthen the innovative SERVE OF THE ARMY TO THE GRADE INDICATED UNDER DEPARTMENT OF VETERANS AFFAIRS intermodal approach established under TITLE 10, U.S.C., SECTION 12203: the original ISTEA, including special ELIGAH DANE CLARK, OF ALABAMA, TO BE CHAIRMAN To be brigadier general OF THE BOARD OF VETERANS’ APPEALS FOR A TERM OF emphasis on public transit, the Conges- SIX YEARS, VICE CHARLES L. CRAGIN. COL. ROBERT L. ECHOLS, 0000.

VerDate Mar 15 2010 00:33 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00051 Fmt 4624 Sfmt 9801 E:\1998SENATE\S05FE8.REC S05FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 5, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E105 EXTENSIONS OF REMARKS

THE CITIZEN PROTECTION ACT case for violation of her civil rights against the ``He's always been this way,'' she said, ``He bail bond company or the bounty hunters. shares everything with others.'' In fact, she re- HON. ASA HUTCHINSON The Citizen Protection Act remedies these membered, when his parents would give him OF ARKANSAS injustices by allowing abused individuals to quarters to play in an arcade, John would in- IN THE HOUSE OF REPRESENTATIVES seek redress in federal court. The bail bond stead give them away to his brothers. Feeding industry is interstate in nature, and many of the homeless was simply a natural next step Thursday, February 5, 1998 these abuses involve the transportation of vic- for this selfless young man, who hopes one Mr. HUTCHINSON. Mr. Speaker, I rise tims across state lines. It is important to note day to become a minister. today to announce the introduction of the ``Citi- that this bill does not create a new federal reg- Mr. Speaker, John Hogan is an example we zen Protection Act,'' legislation designed to ulatory scheme or impose any mandates on should all strive to follow. Faced with adversity hold bounty hunters, and the bail bondsmen the states. It merely provides remedial relief to from the very beginning of his young life, John who employee them, liable for civil rights viola- those who are now slipping through the cracks has not only coped with his situation, he has tions. The bill also requires bounty hunters of the justice. triumphed over it through his spirit of kindness and bail bondsmen who travel in interstate Many professional bounty hunters and bail and generosity. I ask that all members join me commerce to recover a defendant to report bondsmen support regulation of their industry in rising to express our thanks and admiration their intentions to local law enforcement au- in order to drive out the rogue bounty hunters for this remarkable young man. I only hope we thorities and provide whatever information is who undermine the industry's reputation and can all achieve at some point in our lives the required under that state's laws. credibility. Law enforcement agents have also strength and compassion which he has ac- I believe this bill accomplishes an important been supportive of the notification require- complished already in eleven short years. public safety goal, namely keeping innocent ment, arguing that they want to be aware of citizens safe from the abusive actions of rogue bounty hunter activities in their jurisdictions. f bounty hunters, without creating a new federal Mr. Speaker, I believe Congress can and bureaucracy or imposing any mandates on the should take this modest step and bring some TRIBUTE TO DORIAN DAVID states. accountability to the use of bounty hunters. ROREX Under current law, bounty hunters do not That is why am I proud to be introducing this operate under the same standards required of legislation with my colleagues Congressmen law enforcement officers, which prohibit exces- CHARLES CANADY, JOHN CONYERS AND ALCEE HON. PETER J. VISCLOSKY sive force. Bounty hunters are free to break HASTINGS. OF INDIANA into the homes of people thought to be crimi- f nals in order to capture bond-jumpers, without IN THE HOUSE OF REPRESENTATIVES any accountability to innocent citizens who JOHN HOGAN III, A VERY SPECIAL may be injured because of wrongful and abu- YOUNG MAN Thursday, February 5, 1998 sive conduct. Mr. VISCLOSKY. Mr. Speaker, on Thurs- In September 1997, five men claiming to be HON. GERALD B.H. SOLOMON day, January 15, 1998, tragedy struck North- bounty hunters forced their way into a private OF NEW YORK west Indiana when Dorian David Rorex, a po- residence, terrorized a mother and her chil- IN THE HOUSE OF REPRESENTATIVES lice officer with the Gary Police Department, dren, and fatally shot a young couple. Despite Thursday, February 5, 1998 was fatally shot by a drug dealer. Dorian the fact that the Arizona suspects turned out made the ultimate sacrifice by giving his life in not to have been bounty hunters, the notoriety Mr. SOLOMON. Mr. Speaker, in today's the effort to protect our community. On the of the case brought national attention to flaws cynical, selfish world, it is rare to find an indi- day he was killed, Dorian was working with a in the bail bond system. vidual whose pure goodness, compassion and team of detectives in an undercover sting op- While not as publicized as the Arizona case, selfless generosity transcend his own personal eration to put illegal drug dealers behind bars. bounty hunter abuses occur more frequently travails. I would like to bring to your attention In the process of making the arrest, however, than we realize. One such case from Houston, just such a person, 11-year old John Hogan III a drug dealer turned on Dorian and fired his Texas illustrates why Congress needs to pro- of Hadley, New York. gun repeatedly, putting an abrupt end to the vide a legal recourse for innocent victims. In Diagnosed at birth with cerebral palsy and a life of a man who had been dedicated to help- the Summer of 1995, Betty Caballero was seizure disorder, John's doctors did not expect ing protect others. beaten by a bail bondsman seeking to arrest him to survive. However, John beat the odds, another woman, Ms. Ruth Garcia. Because of earning the opportunity to embark on what has The black bunting that hung over the police the beating, Betty miscarried her pregnancy already become a remarkable life. Because of station door in Gary, Indiana, was a reminder the next day. Although she brought suit his medical conditions, John was referred to of the sadness that hung on the hearts of all against the bail company for the violation of the Make-a-Wish program of Northeastern the people who have been affected by this ter- her civil rights, the district court found that fed- New York, an organization which arranges for rible incident. It affected all the citizens of eral civil rights laws did not apply to the case children with life-threatening illnesses to real- Northwest Indiana who suffered loss, knowing and exonerated the bond company from any ize their dreams. Unlike many young people, that the plague of illegal drugs and the vio- liability for the bounty hunter's behavior. John's dream was not to meet a celebrity or lence they breed had taken the life of a coura- Just a few weeks ago, rogue bounty hunters to go to Disney World. John's only wish was geous public servant who had been working to in Memphis, Tennessee beat up a high school to feed the homelessÐa desire to which he protect them. Dorian's colleagues, the officers student they mistakenly targeted as a bond- held firm despite the efforts of volunteers and who knew him and worked with him, are now jumper. Last year, in anther case of mistaken other adults to convince him to do something forced to deal with the pain and anger of a identity, an innocent Kansas City man was special for himself. This incredible young man lost partner. Most of all Dorian's family, his shot three times by bounty hunters. And in the would not be dissuaded from his goal. mother, father, fianceÂ, and his young son, summer of 1994, an innocent New York Through Make-a-Wish, John arranged for David, must face this terrible pain that this woman was abducted by bounty hunters and $50,000 worth of food to be distributed to food tragedy has brought them. They must now transported to Alabama. The bounty hunters banks in his area, riding along in the cab be- struggle to come to terms with their painful ignored the woman's protests of innocence. side a truck driver to personally deliver the 22 loss. Three and a half days and 910 miles later, the tons of much-needed food donated by a local As we all work to move on from this point, bounty hunters acknowledge their error and supermarket chain. Although John's wish ini- we can take solace from the Bible and St. paid for a bus ticket to send the woman back tially flabbergasted the Make-a-Wish volun- Paul, who said: ``Let us not grow weary in home. She also was not allowed to pursue a teers, John's mother was not at all surprised. doing good. For in due season we shall reap

∑ 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. E106 CONGRESSIONAL RECORD — Extensions of Remarks February 5, 1998 if we do not lose heart.'' Dorian Rorex did not IN RECOGNITION OF MAYOR Dickerson, Ken spent his formative years in grow weary of doing good, and he did not lose LIONEL WILSON Marietta, Ohio. He completed his primary and heart. In all of his life's endeavors he worked secondary education there before attending to help people. He was a member of HON. RONALD V. DELLUMS Ohio University from 1947±1951, where he re- Tarrytown Baptist Church and a graduate of OF CALIFORNIA ceived a bachelor's degree in pre-medicine. West Side High School. He was a veteran of IN THE HOUSE OF REPRESENTATIVES His degree took him not to medical school but the United States Marine Corps, who served Thursday, February 5, 1998 to the military; Thomas served in the U.S. Air in Operation Desert Storm. While serving as a Force from 1951±1956 in Korea and Japan, Mr. DELLUMS. Mr. Speaker, I rise to honor achieving the rank of First Lieutenant. member of the Gary Police Department he a historic figure, Lionel Wilson, who was elect- was a member of the Fraternal Order of Po- Upon returning to the states in 1956, Ken ed in 1977 as the first African American Mayor studied law at Ohio State University, earning lice, the S.W.A.T. team, and served as an of the City of Oakland, California. Lionel Honor Guardsman. his bachelor of laws and doctor of laws de- passed away recently at the age of 82 and left grees in 1958 and 1967, respectively. He Dorian's life ended too soon, but his life was a legacy that forever changed the political began his successful private law practice in full, and he lived it with honor and a sense of contours of the city. 1960, and served as a California Probate Ref- duty to others. In all of our endeavors to make Born in New Orleans, Lionel came to his eree from 1974 until his death. Ken utilized his our community safe, we were encouraged by ``hometown'' of Oakland, California with his keen legal mind to assist and advise a number his energy. We were made young by his en- family at age 3. He attended Clawson Elemen- of organizations, including the Los Angeles thusiasm, and, when things weren't perfect, tary and McClymonds High School. Lionel Fair Housing Council, the NAACP, and the we were warmed by his friendship. His com- went to law school and eventually became the Congress of Racial Equality (CORE). Over the mitment to his colleagues, his department and first African American Superior Court Judge in course of his career, he served on the boards Alameda County. The Wilson Family became his city was complete. Dorian's love for his of the California Rapid Transit District, the Los a cornerstone of the West Oakland neighbor- family was absolute. And, though we'll never Angeles Urban League, and the National hood during its economic and social heydays know ``Why?'' Dorian was taken from us, we Newspaper Publishers Association. of the forties and fifties. Lionel served as Chair can take heart in knowing that at least part of Ken's affiliation with the Sentinel began with of an anti-poverty board in the sixties and sev- the reason he gave his life was so that the his service as longtime attorney for Ruth enties that came out of the Great Society leg- Washington, the widow of Sentinel founder world his son, David, inherits will be the best islation under President Lyndon Baines John- he could make it. And with that, in some small and civil rights activist Col. Leon H. Washing- son. ton, Jr. Col. Washington died in 1974, leaving way, we can all try to make sure that Dorian's When Oakland elected Lionel in 1977, City the paper to his wife, who made Ken CEO in hope for a better world for David, and all of Hall was boldly turned around as his compas- 1983. Ken brought tremendous energy and vi- our sons and daughters, is fulfilled. sionate but firm leadership brought access to sion to the Sentinel, which had been those who had been denied access. Wilson foundering amid huge debts and antiquated f opened up city government for blacks and equipment. Through his herculean efforts, the other minorities, creating a new Oakland that weekly was equipped with computers, its fi- IN HONOR OF MR. PAT TORNILLO paved the way for a new generation of minor- nances were stabilized, and the physical plant ity politicians. Critical to policy decision is the was renovated. Meanwhile, Ken found the city budget which was the responsibility of the stamina to maintain his private law practice HON. ALCEE L. HASTINGS city manager; however, his insistence that the and help the less fortunate, often playing mayor must have an important role in the OF FLORIDA Santa Claus for foster children at Christmas. process led to a three-term mayor serving for Ken was also important to the Sentinel and IN THE HOUSE OF REPRESENTATIVES 12 years. His broad vision can be seen in the the Los Angeles community because he main- development of downtown Oakland and its Thursday, February 5, 1998 tained the paper's commitment to relating the neighborhoods. black experience to the general public, cover- One passion that Lionel and I share is the Mr. HASTINGS of Florida. Mr. Speaker, I ing stories not told by the mainstream papers love for baseball, in fact, to be professional rise today to publicly recognize an important and providing frank commentary untinged by players. As you see, history had other plans. civic leader and my good friend, Mr. Pat racial bias. He maintained an active interest in Lionel Wilson will be greatly missed and re- Tornillo. Los Angeles politics and was a trusted con- membered by all as a man with a vision for fidant and advisor to several community and As some of you may know, Pat has been the City of Oakland. political leaders. the leader of a nearly four-decade effort to im- f prove the public schools in the Miami-Dade Ken's tenacity, courage, conviction, love, County area. CELEBRATING THE LIFE OF and generosity will be sorely missed by us all. KENNETH ROGER THOMAS, ESQ. MAXINE, JUANITA, and I strongly urge our col- Pat arrived in the Great State of Florida in leagues to join us in extending condolences to 1956. As a new teacher in Miami-Dade, he his loving wife Jennifer, his daughter Maria K. took an active role in the Dade County Class- HON. JULIAN C. DIXON OF CALIFORNIA Thomas of Los Angeles, his extended family, room Teachers Association (which is now and his many devoted friends. known as the United Teachers of Dade). HON. MAXINE WATERS f Today, 42 years later, he serves as the Exec- OF CALIFORNIA utive Director of that important organization. PEACE INITIATIVE OF DR. HON. JUANITA MILLENDER-McDONALD ANTHONY S. LENZO This week, on February 7, the educational OF CALIFORNIA and political communities of Florida are joining IN THE HOUSE OF REPRESENTATIVES HON. PETER J. VISCLOSKY together to honor Pat L. Tornillo for his ``Un- Thursday, February 5, 1998 common Commitment to Public Education.'' OF INDIANA This commitment includes turning Miami- Mr. DIXON. Mr. Speaker, I join with my col- IN THE HOUSE OF REPRESENTATIVES leagues Congresswoman MAXINE WATERS and Dade's public schools into one of the largest Wednesday, February 4, 1998 and most culturally diverse school systems in Congresswoman JUANITA MILLENDER-MCDON- Mr. VISCLOSKY. Mr. Speaker, I would like the country today. ALD in announcing the untimely passing of one of this nation's outstanding minority news- to call your attention to a noble initiative pro- Mr. Tornillo's work has been publicly noted paper publishers. Kenneth Roger Thomas, posed by Dr. Anthony S. Lenzo of Crown before. He has won the Martin Luther King Jr. Esq., publisher of the Los Angeles Sentinel, Point, Indiana. Dr. Lenzo has toiled selflessly Memorial Brotherhood Award, the Outstanding died on November 28, 1997. He was not only for many years in an attempt to designate a Leadership Award from the United Way, and a friend, but a valiant crusader for the truth ``Weekend of Prayer, Meditation and Thought the NAACP Distinguished Award. Now, it is and a compassionate man who ceaselessly on the Futility of War and the Desperate Need Congress' turn. Mr. Speaker, I ask for my col- contributed his time and energy to those who for Peace in the World.'' His goal is to have leagues to join me today as we honor a truly needed help. the United States submit his resolution to the great American. A grateful nation thanks Pat Born January 1, 1930, in Cleveland, Ohio to United Nations. Dr. Lenzo feels that, as a Tornillo. James Edward Thomas and Augusta global leader and the chief proponent of February 5, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E107 peace, the United States should be the coun- The federal budget isn't just an accounting turn to expanding government whenever and try to propose such a resolution. The United tool. It's a vision of the kind of America we wherever possible. For him, every problem Nations Educational, Scientific and Cultural want for our families. Our vision is for an (real or imagined) has a government solu- Organization constitution itself reads, ``since America where families are restored to their tionÐone that puts trust in Washington bu- wars begin in the minds of men, it is in the central role in society, the entrepreneurial spir- reaucrats rather than individuals and families. minds of men that the defenses of peace must it is unleashed in every community, and reli- The President's budget contains 85 new be constructed.'' gious and civic organizations are released to spending programs, including 39 new entitle- His own words most eloquently express his solve local problems. ments. In all, these entitlements add nearly intentions. According to Dr. Lenzo, who re- Unfortunately the President's vision, as out- $150 billion to federal spending over the next cently retired from teaching elementary school lined in his latest budget, is limited to an ever five years. Meanwhile, he fails to pursue any and from his position as a colonel in the Army expanding Federal government. further reduction in the tax burden on the Reserves, peace is still a possibility: ``With the The President claims that his spending plan American familyÐwho notwithstanding last entire world, together with its political and reli- achieves a $9.5 billion surplus in fiscal year year's reductionÐare still overtaxed. In fact, gious leaders, all praying for peace at the 1999 thereby reaching, an even surpassing, he slams the family budget by gobbling-up same time, marked with parades, speeches, the goal of a balanced budget three years over $129 billion more of American income in dinners, fireworks, and whatever else is nec- sooner than expected. new taxes and fees. But even is that assertion is correct, his essary to make this the most important event The President, who speaks of building budget submission misses the real point: bal- of the year, it has to have impact on everyone bridges to the future, is actually taking the dis- ancing the federal budget is not just a book- and further the cause of peace.'' Dr. Lenzo credited road of the pastÐthe past that keeping exercise. Balancing the budget is continues, ``It will be a thankful day when we brought on the era of big government. His zeal about moving power out of Washington, hav- can once again live in peace * * * peace in for more spending is disturbing. The govern- ing more decisions made by families and com- ment should be doing all it can to foster the world, peace within our nations, peace in munities, and putting more faith in people rath- our neighborhoods, peace on our streets.'' He growth of economic resources, to provide for er than Washington ``experts.'' long-term prosperity, and to assure that the dismisses claims that this is impossible: Balancing the budget is about restraining ``Years ago it was said that it was impossible nation can meet its obligations to future gen- the size of the federal government so that erations. The government should not look for to find a cure for polio, but we did; impossible other fundamental institutionsÐfamilies, reli- to find a cure for smallpox, but we did; impos- every way possible to spend these resources. gious and civic organizations and business en- Nowhere is this more important than in So- sible for the Berlin Wall to come down, but it terprisesÐbegin to play their appropriate roles cial SecurityÐand nowhere does the Presi- did; impossible to overcome Russian com- in the nation. When government grows, it in- dent present a more staggering contradiction. munism, but we did! The endless list of ac- vades the proper roles of these other institu- To his credit, the President has acknowledged complishments that were once thought to be tions. The reverse is also true, so that when the need to prepare this unique program for impossible are now realities. Peace in the government is restrained, the other institutions the coming retirement of 76 million ``baby world can also become a reality.'' grow. That is why Congress insisted that last boomers.'' In his State of the Union address, During the course of his campaign, Dr. year's budget agreement should not only bal- Lenzo has met with great success. Between he urged that any budget surpluses that ap- ance the budget, but should also cut taxes at pear should be preserved for Social Security's 1992 and 1994, he received responses from the same time. Only by coupling both strate- 30 states, 9 of whom instated a weekend of needs. But right now, in this budget, he pro- gies would the growth of federal bureaucracies poses to spend any surpluses and then in- prayer for peace at his request. He has re- stay in check. Only in this way could balancing ceived responses from Boutros Boutros-Ghali, crease taxes and pour those funds into more the budget achieve the far more important government programs. All this increased the Pope, and Elizabeth Taylor. Nearly all who goal of restoring balance among the nation's hear Dr. Lenzo's plea to champion peace spending could, alternatively, be preserved for fundamental institutions. saving Social Security. But the President's ac- commend his campaign. One example of this restored balanced is tions say more than his words. He would rath- The last time I called your attention to Dr. the economic growth of the past several er spend the money on special interest give- Lenzo's initiative, in January 1991, we were years, which has contributed significantly to to- aways than provide for a safe and secure So- just four days away from the United Nations' day's favorable budget outlook. Critics have deadline for Saddam Hussein to remove his cial Security system. long predicted that too much deficit reduction, The soul of last year's budget agreement troops from Kuwait. Five days after I spoke of undertaken too fast, would cause the economy was a commitment to restrain the growth of Dr. Lenzo's project, we deployed military to contract. Instead, the reverse has hap- government and to help restore the vitality of forces in Kuwait. Now, again, we are nearing pened. As the 104th and 105th Congresses America's communities, neighborhoods, and a stand-off with Iraq. And again, Dr. Lenzo held fast to their pledge to restrain spending families. By contrast, the President's budget works to remind us of the gravity of the ac- and reform government, the engines of eco- harkens back to the era of big government. tions we contemplate. As we negotiate and nomic growth took over. The economy grew While Americans have come to recognize the strategize and consider all our options, Dr. faster than projected. Interest rates fell, which limits of Washington's ability to solve prob- Lenzo tells us to keep in sight the end we all in effect gave everyone a tax cut. Employment lems, President Clinton continues trying to seek. His suggestion that we step back and climbed. This growth, coupled with Congress's draw more of American life under the control remember to whom we are accountable is vi- spending restraint, fueled our ability to quickly of Washington. tally relevant at this time. reach a balanced budget. America is hungry for a positive vision of so- In the words of John Milton, ``Peace hath Another example of how rebuilding fun- ciety, a society that values hard work, hon- her victories, no less renowned than War,'' damental institutions helps all Americans is esty, and a commitment to family faith and and Dr. Lenzo's work is surely one of those the decline in welfare dependency. This has freedom. But the President only serves up a victories. I admire Dr. Lenzo's insight and en- occurred partly because the welfare reform vision of more government in a budget that is courage all my colleagues in the House of law adopted in 1996Ða reform the President balanced in numbers, not in spirit. Representatives to seriously contemplate his vetoed twice before finally accepting public de- f ``Weekend of Prayer, Meditation and mand for itÐdevolved responsibilities and con- Thought.'' trol to states and communities, which always MICHAEL KELLY COLUMN ON f were better suited to address the problems of PRESIDENTIAL SCANDAL poverty. Welfare reform gave Governors the PRESIDENT’S BUDGET FOR FISCAL flexibility to experiment, and tailor programs to YEAR 1999 HON. GERALD B.H. SOLOMON their own unique populations. More impor- OF NEW YORK tantly, it showed real compassion for those IN THE HOUSE OF REPRESENTATIVES who received public assistance by encourag- HON. GEORGE P. RADANOVICH Thursday, February 5, 1998 OF CALIFORNIA ing taking responsibility for their lives, by mak- IN THE HOUSE OF REPRESENTATIVES ing them accountable, and by moving them off Mr. SOLOMON. Mr. Speaker, if any mem- the welfare rolls and onto payrolls. Since wel- bers are keeping a file of administration scan- Thursday, February 5, 1998 fare reform was enacted, the welfare rolls dals, I would suggest including the February 4 Mr. RADANOVICH. Mr. Speaker, I rise have declined by 2.2 million people. ``I Believe'' Op Ed column in the Washington today as a member of the Budget Committee, Mr. Speaker, the President seems not to Post by Michael Kelly, senior writer for the Na- to analyze the President's budget for FY 1999. have noticed. His budget reflects a typical re- tional Journal. E108 CONGRESSIONAL RECORD — Extensions of Remarks February 5, 1998 It's a paradox that this administration has vors from Tyson Foods and other regulated The ``Take Your Child to SchoolÐVisit Your bought some time by giving us so many and businesses. I believe that indicted former Child in School'' program is a concerted effort such a variety of scandals that we cannot pos- housing secretary Henry Cisneros did not lie by principals, teachers, and other educators to to the FBI and tell others to lie cover up encourage parents to change this disturbing sibly keep up with them. Critics take the $250,000 in blackmail payments to his former measure of one scandal, only to be distracted mistress. I believe that convicted former as- trend. Parents will come into their children's or overwhelmed by another, and another, and sociate attorney general Webster Hubbell schools to meet teachers, tour the buildings, another, seemingly without end. was not involved in the obstruction of jus- and learn alongside their youngsters. Employ- Kelly's column serves to remind us that the tice when the president’s minions arranged ers are also being contacted and encouraged Lewinski affair is only the latest in a series of for Hubbell to receive $400,000 in sweetheart to give interested parents ``release time'' so scandals, and the White House attempt to consulting deals at a time when he was re- that they are able to be with their children on change the subject merely the continuation of neging on his promise to cooperate with Ken- this important day. a pattern of dissembling. neth Starr’s Whitewater investigation. I would like to personally commend my con- I believe Paula Jones is a cheap tramp who stituents who are organizing and participating Mr. Speaker, I believe our present policy of was asking for it. I believe Kathleen Willey deferring to the independent counsel is the is a cheap tramp who was asking for it. I be- in this vastly important program. When we correct one. Should it ever be found that such lieve Monica Lewinsky is a cheap tramp who consistently hear bad news about our nation's dissembling took the form of obstructing jus- was asking for it. public schools, it is truly refreshing to see indi- tice, we will be faced with a serious decision. I believe Lewinsky was fantasizing in her vidual and community efforts such as these. I If only a fraction of the allegations catalogued 20 hours of taped conversation in which she join my colleagues in South Florida in hoping by Kelly turn out to be true, the House will be reported detailed her sexual relationship that February 9th will initiate open communica- with the president and begged Linda Tripp to obliged to act. It will do so with a collective tion between parents, children, and educators join her in lying about the relationship. I be- throughout the nation. Education truly is the feeling of sorrow, but it must not shrink from lieve that any gifts, correspondence, tele- its responsibilities. phone calls and the 37 post-employment key to the future, and it is programs such as I include the Kelly column in today's White House visits that may have passed be- this one that insure that it proceeds in the right RECORD. tween Lewinsky and the president are evi- direction. dence only of a platonic relationship; such f I BELIEVE innocent intimate friendships are quite com- I believe the president. I have always be- mon between middle-aged married men and A TRIBUTE TO LA SUPERIOR lieved him. I believed him when he said he young single women, and also between presi- COURT JUDGE SHERMAN SMITH, had never been drafted in the Vietnam War dents of the United States and White House JR. and I believed him when he said he had for- interns. gotten to mention that he had been drafted I see nothing suspicious in the report that in the Vietnam War. I believed him when he the president’s intimate, Vernon Jordan, ar- HON. JULIAN C. DIXON said he hadn’t had sex with Gennifer Flowers ranged a $40,000-per-year job for Lewinsky OF CALIFORNIA and I believe him now, when he reportedly shortly after she signed but before she filed IN THE HOUSE OF REPRESENTATIVES says he did. an affidavit saying she had not had sex with Thursday, February 5, 1998 I believe the president did not rent out the the president. Nor do I read anything into Lincoln Bedroom, did not sell access to him- the fact that the ambassador to the United Mr. DIXON. Mr. Speaker, I rise today to pay self and the vice president to hundreds of Nations, Bill Richardson, visited Lewinsky tribute to outstanding Los Angeles Superior well-heeled special pleaders and did not su- at the Watergate to offer her a job. I believe Court Judge, the Honorable Sherman Smith, pervise the largest, most systematic money- the instructions Lewinsky gave Tripp in- Jr. For nearly two decades, Judge Smith has laundering operation in campaign finance forming her on how to properly perjure her- presided over cases in a fair and forthright history, collecting more than $3 million in self in the Willey matter simply wrote them- manner, earning him the respect of his judicial illegal and improper donations. I believe selves. peers, as well as the admiration of the many that Charlie Trie and James Riady were mo- I believe that The Washington Post, the tivated by nothing but patriotism for their members of the bar who have tried cases in Los Angeles Times, The New York Times, his courtroom. adopted country. Newsweek, Time, U.S. News & World Report, I believed Vice President Gore when he ABC, CBS, NBC, CNN, PBS and NPR are all Judge Smith received his undergraduate said that he had made dunning calls to polit- part of a vast right-wing conspiracy. Espe- and law degrees from Howard University in ical contributors ‘‘on a few occasions’’ from cially NPR. Washington, DC. Following his 1969 gradua- his White House office, and I believed him tion from law school, he headed west to Los f when he said that, actually, ‘‘a few’’ meant Angeles, landing a job with the public defend- 46. I believe in no controlling legal author- NATIONAL AFRICAN-AMERICAN er's office, where he helped the poor achieve ity. I believe Bruce Babbitt when he says that PARENT INVOLVEMENT DAY justice through our legal system. He then the $286,000 contributed to the DNC by Indian spent a year at the L.A. City Attorney's office, tribes opposed to granting a casino license to HON. ALCEE L. HASTINGS working in the appellate department and then rival tribes had nothing to do with his denial OF FLORIDA as one of the special counsels for then-City of the license. I believed the secretary when IN THE HOUSE OF REPRESENTATIVES Attorney Burt Pines. He worked an additional he said that he had not been instructed in year with the office as a prosecutor in West Thursday, February 5, 1998 this matter by then-White House deputy Los Angeles before being appointed to the chief of staff Harold Ickes. I believed him Mr. HASTINGS of Florida. Mr. Speaker, it is Los Angeles Municipal Court in 1979 by then- when he said later that he had told lobbyist often said that education is the key to our and friend Paul Eckstein that Ickes had told Governor Jerry Brown, Jr. Judge Smith even- him to move on the casino decision, but that country's future. While so many individuals tually reached the ranks of presiding judge, he had been lying to Eckstein. I agree with give mere lip service to this idea, I am proud making substantial changes and working to the secretary that it is an outrage that any- to announce that several of my constituents modernize the court. He served on the Munici- one would question his integrity. have been working hard to bring education pal Court bench for nine years. I believe in the Clinton Standard of adher- into the limelight it deserves. February 9th of In 1988 he was elected to a Superior Court ence to the nation’s campaign finance and this year will mark the third annual National seat and has served on the court's budget and bribery laws, enunciated by the president on African-American Parent Involvement Day, a personnel committee, chairing the education March 7, 1997: ‘‘I don’t believe you can find any evidence of the fact that I had changed program done in conjunction with the Miami- subcommittee of its access and fairness com- government policy solely because of a con- Dade County School Board. This effort is mittee. During this period he was also active tribution.’’ I note with approval the use of being chaired by Earl Davis from the Office of in judicial education, serving four years on the the word ‘‘evidence’’ and also the use of the Multicultural Education of Miami-Dade County California Judicial Education and Research word ‘‘solely.’’ I believe that it is proper to Public Schools and co-chaired by Eunice board and teaching for the program. change government policy to address the Davis from North Davis Middle School and Judge Smith's commitment to the court and concerns of people who have given the presi- Carlos Seales from the Miami-Dade PTA/ to a fair and equitable judicial system for every dent money, as long as nobody can find evi- PTSA Council. citizen honors our system of jurisprudence. I dence of this being the sole reason. I believe the president has lived up to his As we all know, parents in our hectic times am honored to call him my friend and to have promise to preside over the most ethical ad- often do not have the time to take an active this opportunity to provide this brief retrospec- ministration in American history. I believe role in the education of their children. Quite tive of his exemplary career with my col- that indicted former agriculture secretary frequently, they do not know what their chil- leagues. I ask that you join me in paying trib- Mike Espy did not accept $35,000 in illegal fa- dren are learning or who is teaching them. ute to him for his distinguished contributions to February 5, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E109 the court and to the citizens of Los Angeles. 15% of an agency's previous year's Medicare HONORING THE LIFE AND SERVICE Thank you, Sherman, for your many years of revenues. It was assumed that a $50,000 sur- OF ED BLACKBURN public service. ety bond would be too expensive for some f agencies, hence the provision for 15% of reve- HON. JIM DAVIS HOME HEALTH CARE nues was included to ease the burden on OF FLORIDA smaller operations. I have now discovered that IN THE HOUSE OF REPRESENTATIVES HON. DEBBIE STABENOW the Health Care Financing Administration is Thursday, February 5, 1998 requiring all home health care providers to get OF MICHIGAN Mr. DAVIS of Florida. Mr. Speaker, I rise IN THE HOUSE OF REPRESENTATIVES a surety bond for 15% of the previous year's today to honor a man who changed the face revenues. For some companies, this could be Thursday, February 5, 1998 of law enforcement in my community of as high as half a million dollars, a far cry from Hillsborough County and in the entire state of Ms. STABENOW. Mr. Speaker, I rise today the original $50,000 Congress intended. I will FloridaÐEd Blackburn. as an advocate for the vital services home be circulating a letter to send to the Health Mr. Blackburn was elected sheriff of health care provides to many of our nation's Care Financing Administration urging them to Hillsborough County in 1953 at a time when citizens and their familiesÐpeople whose implement this provision of the Balanced organized crime tied to gambling was perva- voices are not always heard on Capitol Hill. Budget Act according to the original intent of sive in the community. Sheriff Blackburn We all recall the stories from the news last joined with nearby counties to stage gambling year of the bad actors who abused the Medi- Congress. I urge my colleagues to sign the letter and send a strong message to the raids in an effort to break up the syndicate. care system and provided inadequate care to Together, they were successful in turning back Health Care Financing Administration. their patients. Unfortunately, the reprehensible crime. He worked with other sheriffs to found actions of a few home health care businesses Home health care is a critical part of the the Florida Sheriffs BureauÐthe precursor to lead to dramatic changes in the Balanced health care system for thousands of Ameri- what is the Florida Department of Law En- Budget Act that will impact the quality of care cans. Citizens, who would otherwise be re- forcement today. The sheriffs bureau was the of all individuals whose doctors and families quired to be in nursing homes, are able to live first effort to coordinate law enforcement have decided that home care is the necessary independently or with family members be- across the state. course of action. Although it is critical to curb cause of the support services provided by Sheriff Blackburn won a seat in the Florida abuse, we must be careful that we do not in- House of Representatives in 1968 where he advertently cause harm to the small busi- home health care professionals. It is critical that our policies make sense for the thou- became a champion of law enforcement. He nesses who have always provided and who also served as a interim director of the Florida sands of qualified and dedicated home care will continue to provide quality care to many Department of Law Enforcement in 1979. Dur- people in our communities. agencies in America while we focus our ener- ing that time, he persuaded the Florida Legis- I am very concerned that as of today, home gies on those who abuse the system and lature to fund a statewide crime laboratory. care providers will no longer be reimbursed if waste taxpayer dollars. I urge my colleagues The crime lab is an essential tool for investiga- they visit a patient solely to draw blood. Sec- to join with me in taking appropriate actions to tors as they work to establish concrete evi- tion 4615 of the Balanced Budget Act states meet both important goals. Thank you. dence against criminal suspects. that this is a non-vital service to provide to There is another important legacy of Ed homebound patients. What about the blind di- f BlackburnÐthe Florida Sheriff's Youth Ranch. abetic who needs a blood sugar reading? As a former law enforcement officer, Mr. What about the cancer patient or AIDS patient ANDERSON HIGH SCHOOL INDIANS Blackburn knew well that early efforts to steer who is confined to a bed and whose continued BASKETBALL TEAM youth away from a life of crime was as impor- treatment relies on blood tests? This provision tant as locking up a wrongdoer. Mr. Blackburn of the Balanced Budget Act must be reversed helped found the ranch and also served as its or at least modified to allow the needs of the HON. DAVID M. McINTOSH executive director. He saw firsthand countless patient to determine the need for this health OF INDIANA lives transformed at the youth ranch. care service. As of today I am a co-sponsor of Mr. Blackburn recently passed away. I rise the Venipuncture Fairness Act, H.R. 2912, IN THE HOUSE OF REPRESENTATIVES today in appreciation for Mr. Blackburn's years sponsored by my colleague, NICK RAHALL. of selfless public service to his community and Thursday, February 5, 1998 H.R. 2912 will reinstate payment under Medi- his state. care for home health visits made to provide Mr. McINTOSH. Mr. Speaker, I want to take f the important service of drawing blood. I urge this opportunity to recognize the boy's varsity my colleagues to immediately join the RONALD REAGAN WASHINGTON basketball team of Anderson High School. Venipuncture Fairness Act as co-sponsors and NATIONAL AIRPORT to work to ensure swift passage of the bill so These distinguished and courageous young that homebound patients do not suffer a life- men traveled to Washington D.C. and won an SPEECH OF threatening gap in care. exciting game against DeMatha High school in HON. ROBERT E. ANDREWS the Washington Classic right here in our na- Other efforts are underway in Congress to OF NEW JERSEY tion's Capital. reverse decisions made in the Balanced Budg- IN THE HOUSE OF REPRESENTATIVES et Act that inadvertently cause harm to the The determination shown by the team is a Wednesday, February 4, 1998 home care providers. This Wednesday I will tribute to the rich tradition of Hoosier basket- join Congressman JIM MCGOVERN as an origi- ball. The Indians demonstrated a level of The House in Committee of the Whole nal co-sponsor of a bill to protect effective achievement which can only be attained when House on the State of the Union had under home health care agencies from last year's consideration the bill (H.R. 2625) to redesig- individuals dedicate themselves to a team ef- cutbacks. The bill will delay the implementa- nate Washington National Airport as ‘‘Ron- tion of the interim payment system for home fort. Their awesome victory was indeed a re- ald Reagan Washington National Airport’’: health services and provide for a later base markable performance. Mr. ANDREWS. Mr. Chairman, I hope year for the purpose of calculating new pay- The game also had special significance for someday in the near future to vote for a bill ment rates. It is our hope that the bill will allow the two coaches. Both men have undergone designating an appropriate memorial to Presi- continuation of quality home health services in successful liver transplants and the tour- dent Reagan. But the proposal before us this communities throughout the country. nament raised awareness for this important week, to rename Washington National Airport, Another obstacle stands in the way of home procedure. The evening was a true testimony is not that proposal. I oppose this renaming of health care companies staying in business. to the fact that anything is possible with a the airport, and I want to explain my reasons. The Balanced Budget Act provisions regarding positive mental attitude. This bill violates one of President Reagan's surety bonds is being misread by the Health most cherished values: federalism. The federal Care Financing Administration. It is reasonable Let me join everyone involved with the government should not carry out responsibil- to ask home health care businesses to secure team's trip and winning seasonÐthe fans, par- ities which can be handled by state or local a surety bond at an affordable cost. The Bal- ents, teachers and students in saying that we governments. The renaming of Washington anced Budget Act set that cost at $50,000 or are all very proud of you! Congratulations. National Airport would be in direct opposition E110 CONGRESSIONAL RECORD — Extensions of Remarks February 5, 1998 to the wishes of the local authority which gov- ground. Keynote speaker at the 1997 con- cellence in Teaching Mathematics. Carol erns the airport, as well as the surrounding ference was Dr. Mary Cleav, NASA Aeronaut Piercy is committed to her teachings and is communities and local governments. The air- who is now managing NASA's Sea WiFS Pro- very deserving of this honor. port is not a federal facility, but is run locally gram. Exciting Ocean-color images for the The Presidential Award program was initi- and financed by the local taxpayers, who Sea viewing Wide Field-of-view Sensor (Sea ated in 1983 by President Ronald Reagan to ought to have the say in this matter. WiFS)Ðthe first readily available ocean-color encourage excellence in teaching math and This airport is already named for a great data in more than ten yearsÐshould play a science. In January, Clovis Unified School Dis- President, George Washington. There are major role in studying El Nino and other global trict teacher Carol Piercy received this award other, more appropriate landmarks and facili- warming research. Other speakers included for her accomplishments in teaching. Ms. ties that can be named for President Reagan. Dr. Michael Hanes, former Dean of West Piercy has an extensive educational back- I support the naming of a new aircraft carrier, Chester's School of Education and now presi- ground with a Bachelor of Science degree the USS Ronald Reagan. And I strongly ap- dent of Georgia Southwestern University; from Stanford University, a Master of Science prove of the recent christening of the new fed- Helen Martin, President, Satellite Educators degree from Oregon State University, and a eral building in Washington after President Association; Tom Pyke, Director of Project teaching credential from California State Uni- Reagan. But we should not act, contrary to the GLOBE, the international youth environmental versity, Fresno. principle of federalism, to name this airport study program; Dr. Ronald McPherson, Presi- Carol Piercy has held multiple leadership after President Reagan, over the objection of dent American Meteorological Society; Robert roles in the community during her career. A local officials and the people they represent. Winokur, NOAA Assistant Administrator in few of her many achievements include acting f charge of the National Weather Service's 4.5 as Chairperson of the Mathematics Curriculum billion modernization program; Dr. Shelby Committee from 1993±1994, as a Family Math PENNSYLVANIA’S SCIENCE Tilford, Chief Scientist, Orbital Sciences Cor- Leader at the University of Berkeley in 1995, EDUCATION SUCCESS STORY poration; Dr. Perry Samson, Director of the At- and as consultant for the Department of De- mospheric, Oceanic and Space Science Pro- fense Schools from 1995±1997. As a speaker and presenter, Ms. Piercy has HON. JOSEPH R. PITTS gram at the University of Michigan. The 1998 dedicated herself towards making a difference. OF PENNSYLVANIA program will be equally outstanding. The day She has participated in numerous presen- IN THE HOUSE OF REPRESENTATIVES conference offers many workshop sessions tations that include contributions to the Fresno where educators and government and industry Thursday, February 5, 1998 County Office of Education during 1994, the experts exchange ideas, with students as kib- National Council of Teachers of Mathematics Mr. PITTS. Mr. Speaker, Pennsylvania's itzers, to evaluate instructional materials, Western Regional Office, and the California West Chester University, a pioneer teacher equipment and techniques. A popular feature League of Middle Schools Conference in San training institution, has been blazing new trails of the conference is the distribution of dozens Diego. to lead students toward greater enthusiasm for of door prizes useful to teachers. These have math and the sciences. The vehicle for this ef- Mr. Speaker, it is with great honor that I been contributed by supporting industries and congratulate Carol Barnes Piercy for being fort? An Educational Center for Earth Obser- other vendors including a complete Aquila sys- vation Systems. March 11±13 this year, West honored with the Presidential Award for Excel- tem for receiving earth images from satellites. lence in Teaching Mathematics. It is the guid- Chester University will host the eleventh an- Primary objects of these conferences are: nual `Satellites and Education'' Conference for ance and commitment shown by Ms. Piercy To introduce educators to satellite and related that should serve as a model for all teachers. teachers as part of this program. West Ches- technologies; to demonstrate equipment af- ter's innovative program has attracted thou- I ask my colleagues to join me in wishing Ms. fordable to educators and help teachers em- Carol Piercy many more years of success. sands of elementary, middle and high school ploy them in the classroom; to examine suc- f educators by focusing on inexpensive ``hands cessful programs for integration into math/ on'' classroom exercises that enable students science curricula; to provide mentor-ship and WOMEN OF EXCELLENCE HONORED to participate in actual satellite communica- follow-up activities for teachers; to network lo- tions and earth observations. cally and globally with educators who have While serving in the Pennsylvania State HON. DONALD M. PAYNE successfully incorporated satellite applications OF NEW JERSEY Legislature I was pleased to be an early advo- into their curricula; and to conduct concurrent cate of this innovative experiment in edu- IN THE HOUSE OF REPRESENTATIVES workshop sessions dealing with the Internet Thursday, February 5, 1998 cational leadership. I have also been proud to applications for various computer systems, as serve as Chairman of the Satellite Educators well as to show students how to assemble and Mr. PAYNE. Mr. Speaker, today eleven Afri- Association, an outgrowth of West Chester operate satellite receiving stations. can-American women of distinction are being University's novel approach to science instruc- I know my colleagues will applaud and join honored as part of the Essex County, New tion composed of teachers and school system me as I offer congratulations to Dr. Madeleine Jersey, Hospital Center's Third Annual Afrikan supporters across the nation. Alser, President of West Chester University; Heritage Month celebration. The vision of Each year the University hosts its ``Satellites Dr. Michael Hanes, President of Georgia Carter G. Woodson to set aside some time to and Education'' Conference for teachers dur- Southwestern University; Nancy McIntyre, Di- remember and pay tribute to our history and ing Pennsylvania's ``Spaces Satellite and rector of the West Chester University's Edu- its people is one for which we will always be Technology Week,'' an observance estab- cational Center for Earth Observation Sys- grateful. I am especially proud of this group of lished by a Special Resolution of the Pennsyl- tems; Helen Martin, President of the Satellite women for it is representative of our families vania House of Representatives. Educators Association; and sponsoring gov- and our society as a whole when it comes to The tenth anniversary conference was at- ernment agencies and corporations for their being prepared and accomplished. tended by more than 300 students, educators, efforts to help young people, and especially to The women being honored today are: Gail and federal and state scientists, from 25 the many far-sighted educators who have par- Thompson, Vice President of Design and Con- states, the District of Columbia, Canada, Fin- ticipated over the years in this educational struction of the New Jersey Performing Arts land, Indonesia and Japan. Enthusiastic spon- success story. Center, our new $165 million, 255,000 square sors and exhibitors were Lockheed-Martin, Du- f foot theater building and infrastructure on 12 Pont Aerospace, Hughes Aircraft Corp., Na- acres; Carolyn Wade, President of Commu- tional Aeronautics and Space Administration CONGRATULATIONS TO CAROL nications Workers of America Local, the larg- (NASA), National Oceanic and Atmospheric BARNES PIERCY est local in New Jersey which represents Administration (NOAA), the American Institute 9,000 dues-paying members in both the public of Aeronautics and Astronautics, Center for HON. GEORGE P. RADANOVICH and private sectors; Senator Wynona M. Rural PA, Pennsylvania Space Grant Consor- OF CALIFORNIA Lipman, distinguished by her tenure as the tium, Accu-Weather Inc., Analytical Graphics IN THE HOUSE OF REPRESENTATIVES only African-American female state senator for Inc., Aquila Systems Inc., Center for Image 21 years; Dorothy E. Grisby, a representative Processing in Education, Civil Air Patrol, Mary- Thursday, February 5, 1998 of the National Black Nurses Association, a land Space Grant Consortium, Orbital Mr. RADANOVICH. Mr. Speaker, I rise national organization with 42 chapters that Sciences Corporation, PCI Enterprises Inc., today to congratulate Clovis Unified School works to provide quality health care; Miriam E. Sargent Welch, Satellite Educators Associa- District teacher Carol Barnes Piercy for being Ferguson, a community advocate is also Su- tion, Service Argos, and The Wether Under- recognized with the Presidential Award for Ex- perintendent of Recreation and Culture for the February 5, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E111 City of Hackensack, NJ; Mary F. Lewis, an of the International Court of Justice which illu- Emphasizing the need for the Conference on Education Training Coordinator and the Site minates the legal obligations that face the na- Disarmament to commence negotiations on Administrator of the United Auto Workers/Gen- tions of the world. The second is the General a phased programme for the complete elimi- Assembly Resolution on this subject. I hope nation of nuclear weapons with a specified eral Motors Skill Center at the General Motors framework of time, Corp. in Linden, NJ, became the first African that my colleagues will familiarize themselves Desiring to achieve the objective of a le- American female electrician in General Motors with the issues raised within these important gally binding prohibition of the develop- in 1984; Dolores `Bobby'' Reilly, a former documents. ment, production, testing, deployment, Montclair, NJ, Councilwoman became the first UNITED NATIONS, stockpiling, threat or use of nuclear weapons African American woman ever elected to politi- GENERAL ASSEMBLY. and their destruction under effective inter- cal office in the town; Audrey Fletcher, a [Fifty-second session, First Committee national control, former Montclair Councilwoman serves as the Agenda item 71 (k)] Recalling the advisory opinion of the Inter- national Court of Justice on the Legality of GENERAL AND COMPLETE DISARMAMENT Executive Director of the Montclair Child De- the Threat or Use of Nuclear Weapons,3 velopment Center which provides comprehen- Algeria, Bangladesh, Brazil, Brunei issued on 8 July 1996, sive services to Montclair's children and their Darussalam, Burundi, Colombia, Costa Rica, 1. Underlines once again the unanimous con- families; Desha L. Jackson, the first African Ecuador, El Salvador, Fiji, Ghana, Guyana, clusion of the International Court of Justice Honduras, India, Indonesia, Iran (Islamic Re- that there exists an obligation to pursue in American female Assistant Prosecutor for public of), Iraq, Jamaica, Kenya, Lao Peo- good faith and bring to a conclusion negotia- Ocean County, NJ; Marcia Wilson Brown, a ple’s Democratic Republic, Malawi, Malay- tions leading to nuclear disarmament in all law school graduate and community activist sia, Marshall Islands, Mexico, Mongolia, its aspects under strict and effective inter- Myanmar, Namibia, Niger, Nigeria, Panama, who has used her time and talent to assist national control; Papua New Guinea, Paraguay, Peru, urban cities to plan, develop and fund a vari- 2. Calls once again upon all States to imme- Phillipines, Samoa, San Marino, Singapore, ety of housing and community development diately fulfill that obligation by commenc- Solomon Islands, Sri Lanka, Sudan, Thai- programs to improve the quality of life for ing multilateral negotiations in 1998 leading land, United Republic of Tanzania, Uruguay, to an early conclusion of a nuclear-weapons poor, low and moderate income persons and Viet Nam and Zimbabwe: draft resolution neighborhoods; and Cheryl Diane Lawrence, Advisory Opinion of the International Court convention prohibiting the development, an adventurous, compassionate and civic- of Justice on the Legality of the Threat or Use production, testing, deployment, stock- minded business woman is the founder of of Nuclear Weapons piling, transfer, threat or use of nuclear weapons and providing for their elimination; Blind Detective Agency, a provider of cus- The General Assembly, Recalling its resolutions 49/75 K of 15 De- 3. Requests all States to inform the Sec- tomized security services, a business she de- cember 1994 and 51/45 M of 10 December 1996, retary-General of the efforts and measures veloped when she became permanently dis- Convinced that the continuing existence of they have taken on the implementation of abled as a result of an act of heroism while nuclear weapons poses a threat to all human- the present resolution and nuclear disar- serving as the first female police officer at the ity and that their use would have cata- mament, and requests the Secretary-General Rutgers University Police Department. strophic consequences for all life on Earth, to apprise the General Assembly of that in- Mr. Speaker, I am sure my colleagues will and recognizing that the only defence formation at its fifty-third session; want to join me in congratulating these individ- against a nuclear catastrophe is the total 4. Decides to include in the provisional elimination of nuclear weapons and the cer- agenda of its fifty-third session an item enti- uals for this appropriate recognition as their tainty that they will never be produced tled ‘‘Follow-up to the advisory opinion of ``labors of love'' are recorded in the annals of again, the International Court of Justice on the Le- American history. Mindful of the solemn obligations of States gality of the Threat or Use of Nuclear Weap- f parties, undertaken in article VI of the Trea- ons.’’ ty on the Non-Proliferation of Nuclear Weap- FOOTNOTES NEED FOR NUCLEAR ons,1 particularly to pursue negotiations in good faith on effective measures relating to * Reissued for technical reasons. DISARMAMENT 1 United Nations, Treaty Series, vol. 729, No. 10485. cessation of the nuclear arms race at an 2 1995 Review and Extension Conference of the Parties early date and to nuclear disarmament. to the Treaty on the Non-Proliferation of Nuclear Weap- HON. RONALD V. DELLUMS Recalling the Principles and Objectives for ons, Final Document, Part I (NPT/CONF.1995/32 (Part OF CALIFORNIA Nuclear Non-Proliferation and Disarmament I)), annex, decision 2. IN THE HOUSE OF REPRESENTATIVES adopted at the 1995 Review and Extension 3 A/51/218, annex. Conference of the Parties to the Treaty on Thursday, February 5, 1998 the Non-Proliferation of Nuclear Weapons,2 APPENDIX III—DISPOSITIF OF THE ADVISORY Mr. DELLUMS. Mr. Speaker, on my last leg- and in particular the objective of determined OPINION OF THE INTERNATIONAL COURT OF islative day as a Member of Congress, I wish pursuit by the nuclear-weapon States of sys- JUSTICE ON THE LEGALITY OF THE THREAT OR to share with my colleagues my concern that tematic and progressive efforts to reduce nu- USE OF NUCLEAR WEAPONS clear weapons globally, with the ultimate THE COURT we are not moving forward deliberately goal of eliminating those weapons, enough to meet our obligations to secure the (1) By thirteen votes to one, Recalling also the adoption of the Com- Decides to comply with the request for an eradication of nuclear weaponsÐas is re- prehensive Nuclear-Test-Ban Treaty in its advisory opinion; quired under the Nuclear Non-Proliferation resolution 50/245 of 10 September 1996, IN FAVOUR: President Bedjaoui; Vice- Treaty (NPT). Recognizing with satisfaction that the Ant- President Schwebel; Judges Guillaume, Preserving our planet for the future of our arctic Treaty and the treaties of Tlatelolco, Shahabuddeen, Weeramantry, Ranjeva, children is our moral obligation, and eradicat- Rarotonga, Bangkok and Pelindaba are Herczegh, Shi, Fleischhauer, Koroma, gradually freeing the entire southern hemi- Vereshchetin, Ferrari Bravo, Higgins; ing nuclear weapons stockpiles is a key to ful- sphere and adjacent areas covered by those filling that obligation. Former Generals of the AGAINST: Judge Oda. treaties from nuclear weapons, (2) Replies in the following manner to the United States armed forces have called for Noting the efforts by the States possessing question put by the General Assembly: such a commitment. The International Court of the largest inventories of nuclear weapons to A. Unanimously, Justice has opined on the obligation nations reduce their stockpiles of such weapons There is in neither customary nor conven- have to achieve this goal. The United Nations through bilateral and unilateral agreements tional international law any specific author- General Assembly has recently acted in this or arrangements, and calling for the inten- ization of the threat or use of nuclear weap- sification of such efforts to accelerate the ons; regard and circulating now is a draft conven- significant reduction of nuclear-weapons ar- tion on the elimination of such weapons. B. By eleven votes to three, senals, There is in neither customary nor conven- I urge our government to take the lead in Recognizing the need for a multilaterally tional international law any comprehensive changing its own policy and in advancing the negotiated and legally binding instrument to and universal prohibition of the threat or cause of nuclear disarmament in the world. assure non-nuclear-weapon States against use of nuclear weapons as such; We should not be inventing new uses for the threat or use of nuclear weapons, IN FAVOUR: President Bedjaoui; Vice- these weapons of mass destruction, but Reaffirming the central role of the Con- President Schwebel; Judges Oda, Guillaume, ference on Disarmament as the single multi- should instead use all of the power of our Ranjeva, Herczegh, Shi, Fleischhauer, lateral disarmament negotiating forum, and Vereshchetin, Ferrari Bravo, Higgins; imagination, diplomacy and statecraft to regretting the lack of progress in disar- achieve this objective. AGAINST: Judges Shahabuddeen, mament negotiations, particularly nuclear Weeramantry, Koroma. In this light, Mr. Speaker, I want to share disarmament, in the Conference on Disar- C. Unanimously, with my colleagues two documents that are mament during its 1997 session, A threat or use of force by means of nu- part of the legal and moral fabric that sur- clear weapons that is contrary to Article 2, rounds this issue. The first is of the ``dispositif'' 1 Footnotes appear at end of article. paragraph 4, of the United Nations Charter E112 CONGRESSIONAL RECORD — Extensions of Remarks February 5, 1998 and that fails to meet all the requirements they will face many difficult challenges in life, Or the dad who just retired, looking forward of Article 51, is unlawful; but that they have to use their good judge- to his golf? D. Unanimously, ment when it comes to situations involving But he can’t play that much—he has the A threat or use of nuclear weapons should time, but breath, there’s not enough. also be compatible with the requirements of drugs. the international law applicable in armed Greensburg Mayor Frank Manus told the There’ll be someone who’s out there who will conflict, particularly those of the principles students that ``When people offer you drugs, offer you some grass. and rules of international humanitarian law, just remember that it is a test. When you are You may answer—‘‘no, no drugs for me.’’ as well as with specific obligations under in those situations you have to be on your They’ll laugh then as you pass. treaties and other undertakings which ex- toes. Life is a test.'' So gather ‘round your friends and find the pressly deal with nuclear weapons; Mike Riley, Chief of the Greensburg City strength you need to fight E. By seven votes to seven, by the Presi- Police, reminded the students to live up to And stand up for the only thing you know— dent’s casting vote, it’s only right. It follows from the above-mentioned re- their commitment not to use drugs, telling them that ``You are now saying you are For if you make the choice to give into the quirements that the threat or use of nuclear ones who push weapons would generally be contrary to the against drugs, but now you've got to live as you say.'' So many things will pass you by while you’re rules of international law applicable in sitting on your tush. armed conflict, and in particular the prin- Bob Bostic, Executive Director of the Perhaps you’ll want it easy—the work seems ciples and rules of humanitarian law; Greensburg Area Chamber of Commerce, re- However, in view of the current state of minded the students that by saying no to much too hard international law, and of the elements of But self-respect and true reward come from drugs, they are helping to make the Greens- trying ‘til you’re tired. fact at its disposal, the Court cannot con- burg community a better place for everyone, clude definitively whether the threat or use saying that ``We are at war against drugs, and Perhaps it is particularly tough, to stand up of nuclear weapons would be lawful or unlaw- all alone. ful in an extreme circumstance of self- you have come down here today to say no to Your friends all seem to do it, and you see it defence, in which the very survival of a State drugs and yes to a clean life and yes to a in your home. would be at stake; clean community.'' But YOU CAN make a difference—believe me IN FAVOUR: President Bedjaoui; Judges Keith Hipskind, Coach of the Greensburg just one step Ranjeva, Herczegh, Shi, Fleischhauer, Community High School Boys' Basketball Say ‘‘no that’s not the way I want to live’’— Vereshchetin, Ferrari Bravo; team, told the students that they can always and get a grip AGAINST: Vice-President Schwebel; rely on their families and people in their com- Make the promise to yourself, be proud it’s Judges Oda, Guillaume, Shahabuddeen, munity for help and support when they have a one you’ve kept. Weeramantry, Koroma, Higgins. F. Unanimously, problem, saying that ``We all have problems. The toughest one you may just face—a teen- There exists an obligation to pursue in They're not going to go away. Just remember ager with beer. good faith and bring to a conclusion negotia- that you have good leaders to lean on If you don’t chug-a-lug with them, they’ll tions leading to nuclear disarmament in all throughout the problem's duration.'' point to you and jeer. its aspects under strict and effective inter- I was especially touched by a poem that But walk away and say, ‘‘no way, I’m more national control. was written for the rally by Sarah Nahmias. valuable than that’’ Done in English and in French, the English Sarah is currently a member of the Greens- And find the safety with your friends with text being authoritative, at the Peace Pal- burg Community School Board and has been whom you’ll need to chat. ace, The Hague, this eighth day of July, one Talk about how hard it is to fight and to re- thousand nine hundred and ninety-six, in two active in issues involving education and chil- dren in the local community. I would like to sist copies, one of which will be placed in the ar- Dare to show the strength you hold in your chives of the Court and the other transmit- share the poem that Sarah wrote for the chil- heart—and not your fist. ted to the Secretary-General of the United dren of the Greensburg community: Then you will have more than anyone can Nations. ‘‘Well, the teachers all announced that there ever offer you [SIGNED] PRESIDENT would be Red Ribbon Week Because you dared to take a stand and say, [SIGNED] REGISTRAR And you felt ‘‘if I show interest, then my ‘‘I know what I must do!’’ f friends will call me a ‘geek.’ ’’ Each one of you who sit here has a value But you’ll see as each day passes it’s unto REPORT FROM INDIANA— each his own your heart we speak. Whether you live in a fancy house or don’t GREENSBURG DRUG-FREE RALLY Be brave enough to just say no—don’t fall even have a phone back and become meek. It’s the individuality that’s deep within your HON. DAVID M. McINTOSH When you each unite together to celebrate heart OF INDIANA this ‘‘dare’’ That makes you oh so special and sets you so IN THE HOUSE OF REPRESENTATIVES You will find so many other whose strength apart. you then can share. Thursday, February 5, 1998 So pull from there and take the dare to stay And just like the little child who stepped up away from drugs. Mr. MCINTOSH. Mr. Speaker, I rise today to when no one was there A simple promise to yourself with friends— give my Report from Indiana. Every weekend, You can help in such a big way if you only to not give in to thugs. I travel around the 2nd Congressional District show you care. Surround yourself with friends like those of Indiana from Richmond to Muncie, Ander- Yes, you’ve heard all of the facts about what you find ’round here today. son to Greensburg. happens on the drugs For if you’re feeling weak, then they can And so often, people share with me amaz- Your mind will turn to mush and you’ll help you on your way. ing stories about their friends and neighbors slither like a slug. For as the story told us, we don’t have to be You’ll often think—‘‘oh, what the heck,’’ who have done amazing things. These individ- alone your shoulders you might shrug There are many all around us to support us— uals are good people who make our commu- But poppin’ pills to get your thrills won’t nities better places to live. They give us hope here or home last quite like a hug. So lean upon your brother to your left or to for the future that our best days are yet to Some say to drag on cigarettes or pack a your right come. wad of chew And all please join together for this most im- In my book, these individuals are Hoosier Is for them the only measure of how to show portant fight. Heroes. Hoosier Heroes because they set ex- they’re cool. You see it isn’t just adults who are preach- amples for all of us to live by. But more impor- But let me tell you of the toll which will ing what to do tantly they make us proud. come to each of you But people in your community who are Today, I would like to share with you about Though not so brisk—you’ll think ‘no risk,’ reaching out to you. a special event that was organized by teach- Oh, please don’t be a fool. Allow us all to share our strength to fight ers, parents, and community leaders in Should I tell you of the money you will this ugly war. Greensburg, Indiana to help protect the chil- spend, if that you choose? After all—each one of you is most worth dren of the community from the effects of drug You could buy yourself a nice new car—or fight for!’’ just cigarettes and booze. abuse. On Wednesday, October 29th over 300 Every day, children across this country are students gathered on the Decatur County Or should I introduce the friend of mine who can no longer speak? confronted with decisions regarding drugs. It is Courthouse Lawn for the first ever Red Ribbon You see, they cut his tongue and throat—the Week Drug-Free Rally. important that these children have the knowl- cancer’s made him weak. edge and the strength to deal with these situa- The students listened to speeches from sev- Or would you rather hear of Gramps who we eral local leaders encouraging them to stay all hold so dear? tions appropriately. I salute these men and away from drugs and to help protect the future He misses the games the grandkids play— women in Greensburg who are doing their part of their community. They were reminded that they’ll never hear him cheer. to help the children of their community make February 5, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E113 the right choices in life and secure a brighter ments of the people who did not allow igno- aside some time to attend one of the meet- future. rance to hold them back. The history makers ings. But I feel the most important thing is And that, Mr. Speaker, is my Report from of tomorrow are recognizing, and taking ad- to make that choice to care about racism in Indiana. vantage of the fact that nothing and no one your society. Do not ignore it and keep your- but themselves can keep them from achiev- self informed about it by reading or watch- f ing their dreams. True, there will be an ele- ing the news each night. Refuse to let racism THE SPIRIT OF DR. MARTIN ment of society who remain ignorant, how- continue and eat away at the community. ever adults and juveniles who are knowledge- Keep the memory of Martin Luther King Jr. LUTHER KING, JR. LIVES ON able and determined will make the dif- alive and stand up for what is right. ference. The fulfillment of Dr. King’s honor- HON. ROBERT E. ANDREWS able dream is not too far around the corner. f OF NEW JERSEY Blacks, Whites, Jews, Hispanics, and Asians will put forth their best effort to carry out IN THE HOUSE OF REPRESENTATIVES TRIBUTE TO ROBERT G. KEENE their plans and become role models that will Thursday, February 5, 1998 inform others of prejudice, and how to defeat Mr. ANDREWS. Mr. Speaker, I rise today to it. The ambitions are many and the inten- HON. MICHAEL P. FORBES tions are promising. The great dream of Mar- OF NEW YORK continue the celebration of the life and work of tin Luther King is going to come true, with Dr. Martin Luther King, Jr. Last month, I at- the use of the ‘‘gray, lifting up the black.’’ IN THE HOUSE OF REPRESENTATIVES tended an event in Deptford Township, New Thursday, February 5, 1998 Jersey, honoring Dr. King and his dream. MARTIN LUTHER KING JR. Mr. FORBES. Mr. Speaker, I rise to pay trib- Speaking with the people of Deptford, I was (By Dave Forstrom) struck by how significant of an impact Dr. King ute to a good friend and neighbor to all of us What can one person do to carry on the had on all our lives and, in particular, on the Suffolk County who recently passed away, legacy of this great individual? I feel you Robert G. Keene, beloved historian for the lives of our children. Even though Dr. King left must start by acquiring some of his own this world long before they entered it, Ameri- characteristics. You will need his passion, Town of Southampton. ca's youth have a deep understanding of what drive, and most of all his courage. Without Bob was a familiar figure in Southampton his message says to us today. I would like to these you will never accomplish anything and a regular columnist for the weekly South- share with my colleagues the essays of worthwhile. Next, you must look at what he ampton Press, where according to his editor Krystal Tribbett and Dave Forstrom, two local did for African Americans and America as a Peter Boody, :``He wrote mostly about things high school students. Their words do much to country. He led a massive movement against that irritated him, and that included everything racism and prejudice which is unparalleled. from people with no class to historians who inspire us as we continue our progress to real- The main reason for this is that every one of izing Dr. King's dream. his marches, rallies, and boycotts was com- didn't give Southampton the credit it de- served.'' Bob was a vocal and articulate advo- ‘‘FULFILLING DR. KING’S DREAM’’ pletely peaceful. Now that you have a basic idea of what cate of Southampton's cause in the debate (By Krystal Tribbett) King did you must look at society today and with Southold over which community was the ‘‘I have a dream, that one day, my four lit- see how you can make an impact on it. The first on Long Island to establish an English- tle children will grow up in a nation where world now is still rampant with racism and they are not judged by the color of their speaking settlement. it seems like an insurmountable problem. For 31 years, Mr. Keene ran a bookstore skin, but by the content of their char- Everywhere you look there is segregation, acters.’’ In the future Martin Luther King’s prejudice, and hatred. Many people choose to and art gallery in Southampton that brought dream will come true, not because biased ignore it and put it out of their minds. That him into daily contact with such notables as people will change their points of view, but is where you must make the choice to care Truman Capote and Willem de Kooning. His because people will no longer allow them- and not to ignore but to start making a store carried many rare titles, including a first selves to sit in the back of the bus, or the change for the better. edition of Dr. Samuel Johnson's dictionary and middle, but will place themselves in the I think the next logical step would be to a copy of the first Roman Catholic bible pub- front, to become an intricate element in pro- find other people who have made the same testing against bigotry in today’s society. lished in America. Bob also had a very pas- choice as you and surround yourself with sionate appreciation for art and eventually he Men and women of different denominations, them. Talk to them and find out what they creeds, and colors will transcend the nega- have done and plan to do. You should also combined his love for books and art by dis- tive comments, stereotypes, and statistics in share your experiences with the problem and playing art work in his shop. order to become our leaders. The tormented any ideas that you might have. Together you Bob started working with the town histo- will focus their attention on improving their have many options to choose from. You can rian's office when it was under William status and beating the odds stacked against start organizing meetings to expand your Dunwell. Mr. Dunwell was first appointed town them in order to better themselves, by help- following and try to get more people in- ing their families and communities. They historian in 1939 and served the people of volved. Southampton faithfully for 43 years until 1981 will improve the nation by improving them- At these gatherings you could discuss selves. They will fight not through violence, plans on what you are going to do. As a when he retired to become historian emeritus. but through intelligence. They will use the group you could follow Dr. King’s example Bob took over the historian's office in 1979, al- power of the gray, gray matter, to place and hold peace marches or boycotts. By though he was not officially appointed histo- their ethnicity, individuality to a respected, making yourselves more public you will be rian until Mr. Dunwell's retirement in 1981. revered level in the world. noticed more and be able to spread your mes- From day one Bob office was an historic The many people of the world are recog- sage to a larger amount of people. This is im- treasure trove piled high with books, docu- nized in history for various reasons, for portant because it will cause people to think being slaves, illegal aliens, drug dealers, etc. ments, photographs and local history memora- about how they feel on this issue and may bilia. The local history that Mr. Keene carried They are also known, however, for being re- gain your group more support. nown actors and singers, scientists, doctors, Another possibility is to seek help from al- in his head, garnered from his own personal attorneys, and athletes. In these areas peo- ready founded organizations that share your experiences and his years working with Wil- ple have begun to exhibit themselves as a views on racism. You can gain a deeper un- liam Dunwell, was considered so valuable, powerful force that can reshape history. derstanding of what is happening and what that the town board recently budgeted $10,000 Youths are the key to the accomplishment of needs to be done. This will also be a good to capture it all in an oral-history project. Re- Dr. King’s dream. They are setting goals to starting point and will provide much needed grettably, that project was not begun before impact the future. Most importantly, the experience for yourself. goals of young people focus on disproving It may also help your quest to write letters Mr. Keene's untimely death. An irreplaceable various stereotypes, in order to serve as an to your local government or member of Con- history is lost to us forever. example to the older generation, as well as gress. By getting support from a politician Although Bob Keene only settled in South- the younger one, that they can be more than your group would get much more attention ampton in 1950, from Bar Harbor Maine, his drug dealers, clerks, or custodians. They and recognition. That would certainly be a heart and soul beat for Southampton. He want to prove to biased individuals that any- great boost and would land you many more loved Southampton and he loved the people one and everyone can be anything, and all members. of Southampton. He will be sorely missed. I But what if you are not a great leader or that they want to be, despite obstacles that urge my colleagues to join me in celebrating they have or will encounter. Everybody can cannot devote all your free time to such an make a difference. organization? Well, there are also ways you the life and accomplishments of Bob Keene In the future, great changes are bound to can help as well. You could set aside a part and wishing his family, especially his daughter occur in the history of this nation, of this of your income each month and try to sup- Melissa Elizabeth, our prayers and condo- world, because of the remarkable achieve- port the peace groups. You could also set lences. E114 CONGRESSIONAL RECORD — Extensions of Remarks February 5, 1998 CONGRATULATING THE GARDNER Lamping, Renee Moore, Jacob Olson, Carly athletes who use grace, strength, and dis- GRADE SCHOOL CHORUS Scheuber, Samantha Serena, Brigid cipline to break down barriers. Sports instill Sweeney, Ashley Wade, Vicki Wayne, Mary confidence in girls and women and equip them HON. JERRY WELLER Wollgast. with important life skills such as teamwork, EIGHTH GRADE OF ILLINOIS goal-setting, the pursuit of excellence in per- IN THE HOUSE OF REPRESENTATIVES Becky Christensen, Candi Forsythe, Beth formance, and other achievement-oriented be- Hanson, Cindy Harrop, Mindy Harvey, haviors. Thursday, February 5, 1998 Meghan Holohan, David Wayne. National Girls and Women in Sports Day Mr. WELLER. Mr. Speaker, I rise today to NINTH GRADE was established in 1987 in memory of the late congratulate the Gardner Grade School Cho- Jeanette Bivens, Kathy Bolton, Elizabeth Flo Hyman, the Olympic volleyball champion rus of Gardner, IL. on their recent perform- Esparza, Amber Forsythe, Mary Landers, who died suddenly in 1986. ance at Walt Disney World in Orlando, FL. Anne Wollgast. Participants in this year's celebration include At the direction of Patti Johnson, the Gard- CHAPERONES Tajama Abraham, Sacramento Monarchs cen- ner Grade School Chorus had a dream back Sandy Harrop, Pam Holohan, Janine Lardi, ter; Lillian Greene-Chamberlain, PhD, national in 1996, that it would someday have a chance Sharon Zagar, Becci Forsythe, Mary Hanson, track and field champion; Nancy Hogshead, to perform at Walt Disney's Magic Kingdom. Jody Harop, Denise Sibley, Wendy Rowland, three-time Olympic swimming gold medalist, After a year of research, planning, rehearsals, Greg Bingheim, Dick Johnson. Benita Fitzgerald Mosley, Olympic track and and raising the funds that were needed to f field champion; Nadia Comaneci, Olympic make the trip to Orlando, the Gardner Grade gymnastics champion; Robin Campbell, track School Chorus realized their dream on June 9, A TRIBUTE TO JOHN L. SMITH and field Olympian; Dominique Dawes, Olym- 1997. pic gymnastic gold medalist; Camille Duvall- The journey to Orlando by the 40 member HON. GLENN POSHARD Hero, world champion water-skier; Kelly Dyer, chorus and 10 chaperones began on June 7, world-champion ice hockey player; Wendy Hill- OF ILLINOIS 1997. After saying their goodbyes to family iard, national rhythmic gymnastics champion; and friends, the chorus was escorted through IN THE HOUSE OF REPRESENTATIVES Rusty Kanokogi, highest ranking woman in Gardner by the local police and fire depart- Thursday, February 5, 1998 judo; Nikki McCray, 1996 Olympic gold medal- ments as they began their 23-hour bus ride to Mr. POSHARD. Mr. Speaker, I rise today to ist and member of the newly formed WNBA the Magic Kingdom. In short Mr. Speaker, this pay tribute to a dear friend, Mr. John L. Smith Washington Mystics; Aimee Mullins, national was not a dream come true just for the cho- of Chicago, IL, who will be retiring next month track and field champion; Donna Richardson, rus, it was a dream come true for an entire from the U.S. Small Business Administration. fitness star, national aerobic champion; town. He has honorably served as director of the Chanda Rubin, tennis champion; Lyn St. On June 9, 1997 the long-awaited dream SBA's Chicago District Office of over 20 years. James, champion auto racer. was finally fulfilled. Outlasting the Florida rain, At a luncheon today in the Senate Hart Jack has been a faithful Federal employee the chorus dazzled the audience as they per- Building, Nadia Comaneci was given the for 46 years beginning in the U.S. Navy and formed on the Tomorrowland Stage in the Women's Sports Foundation's 1998 Flo then establishing his career in the Department Magic Kingdom. The chorus performed sev- Hyman Award. Every year on National Girls of Commerce's Economic Development Ad- eral selections in their 25-minute performance and Women in Sports Day, the award is given ministration. In 1973, Jack was named Re- including, ``Dance, Dance, Dance'', ``Sea of to women who exemplify the dignity, spirit, gional Administrator for the Commerce Depart- the Cowboy'', and ``Footloose''. On June 10 and commitment to excellence of Ms. Hyman, the Chorus participated in a 3-hour music edu- ment's Office of Minority Business Enterprise. captain of the 1984 U.S. Olympic volleyball cation workshop at the Epcot Center, where The SBA noticed his extraordinary accom- team. chorus members received first hand knowl- plishments as Commerce Regional Adminis- Ms. Comaneci is the most celebrated gym- edge on how Disney prepares its shows from trator and after just 2 years, Jack was ap- nast in the history of the sport. She was the the Disney cast. pointed SBA Chicago District Director. He has star of the 1976 Olympic Games in Montreal, Now as you might suspect Mr. Speaker, this been a major supporter of private sector de- where she won three gold medals, two silver trip was not all work and no play. On the final velopment through his dedicated service. Dur- medals, and a bronze, and became the first 2 days of their trip, chorus members explored ing his tenure, Jack oversaw several billion woman ever to score a perfect 10. the theme parks and took part in many of the dollars in loans and Federal contracts to Illi- I congratulate Ms. Comaneci for her awe-in- activities in the Orlando area, taking advan- nois small businesses. spiring achievements, and I applaud the Wom- tage of a much deserved rest before returning As you know, Mr. Speaker, I am a member en's Sports Foundation for its recognition of home to Illinois. of the House Small Business Committee the importance of sports for women and girls. Mr. Speaker, the Gardner Grade School which oversees the SBA, and the retirement of f one of the best directors from Illinois will cer- Chorus had a dream that they would perform MEDICAL SAVINGS ACCOUNTS FOR tainly be a loss to the Chicago business com- at Walt Disney World someday, and they did. FEDERAL EMPLOYEES Thanks to the hard work of its members, di- munity and to the state. Jack's experience and rectors and chaperones, the Gardner Grade enthusiasm for his work will be missed greatly School Chorus not only realized their dream, by business owners and public officials in- HON. MATT SALMON but, they shared their dream with their par- volved in private sector development. I wish OF ARIZONA ents, schoolmates, town, and the people in the him the best in his future endeavors. IN THE HOUSE OF REPRESENTATIVES audience at the Magic Kingdom. Mr. Speaker, Mr. Speaker, jack dedicated his life to the Thursday, February 5, 1998 I ask my colleagues to join me in saluting the community and to the SBA. Now it is our turn Mr. SALMON. Mr. Speaker, I am very Gardner Grade School Chorus and their very to thank Jack for all of the energy and dedica- pleased today to see the introduction of the special performance at Disney World, and I tion he expended for so many years to make Burton/Archer/Thomas/Mica/Salmon legislation ask that a list of those who participated on this Illinois a better place. on medical savings accounts for federal em- trip be included in the RECORD following my f ployees. It is certainly time our federal workers statement. have the opportunity to select a medical sav- STATEMENT IN SUPPORT OF NA- DIRECTOR ings account for their health care. Over the TIONAL GIRLS AND WOMEN IN past two years we have enacted landmark leg- Patti Johnson. SPORTS DAY FIFTH GRADE islation that has made the choice of an MSA Carissa Crater, Jaime Wade. possible for some American workers and SIXTH GRADE HON. CAROLYN C. KILPATRICK Medicare recipients. Now it is time to extend Laura Bivens, Rhonda Brookman, Nicole OF MICHIGAN that option to our federal workers. DeToye, Misti Domagala, Rachel Hanson, IN THE HOUSE OF REPRESENTATIVES I have long been a proponent of medical savings accounts. While a state senator in Ari- Lynsi Lardi, Nicci Mack, Krystle Phillips, Thursday, February 5, 1998 Nikki Rowland, Jonathan Scheel, Sarah Sib- zona I sponsored the MSA legislation that was ley, Lauren Zagar. Ms. KILPATRICK. Mr. Speaker, I rise today signed into law in 1994. As a member of Con- SEVENTH GRADE to state my strong support for the 12th Annual gress, I have consistently introduced legisla- Brandon Carwell, Milly Chase, Tiffany National Girls and Women in Sports Day. I tion promoting and expanding MSAs. One of Hullet, Cassie Kirkpatrick, Krystal have long been an ardent supporter of women my bills would allow MSAs for federal workers, February 5, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E115 and two others would ``lift the caps'' on MSAs Cuba. It was a visit that not only provided take practical steps to bring about changes for all workers and those on Medicare, virtually new hope and energy for the Church in Cuba, in this regard.’’ allowing everyone the freedom to choose a enabling the faithful to express their reli- The officials of our government repeatedly gious beliefs in a climate of ever greater affirm their readiness to at least modify as- medical savings account. freedom, but may also have marked a posi- pects of the embargo, to take some practical MSAs would empower federal employees to tive advance in the long sought for goal of steps, in response to clear signs of a greater take control of their own health care decisions. reconciliation among the Cuban people, both opening within the society and increased re- With an MSA, workers can choose which phy- within Cuba and with the Cubans in the dias- spect for basic human rights, including reli- sician or specialist they want to see and when pora. It is our hope that the visit will also gious freedom. While we make no predictions to see them. They decide how they want to mark a new phase in the relations between on how lasting some of the expressions of spend their health care dollars, and what they our two counties, so deeply in need of rec- openness shown by the Cuban government onciliation. prior to and during the papal visit may prove don't spend they can roll over to the next year. As bishops of the Church in the United to be, it is an undeniable fact that important Medical savings accounts would reduce States, we feel strongly called to express our changes did occur over this past year; allow- health care inflation for the federal govern- convictions about possible implications the ing for the door-to-door missions conducted ment. Results from the private sector show visit may have for the conduct of our coun- by the dioceses to talk about the Pope’s that companies using MSAs report lower utili- try’s policy toward Cuba. No other country visit, permission for a number of open-air zation of health care services and reduced in the world looms as large in the minds of Masses, including hitherto forbidden reli- high-deductible premiums. This contributes to the Cuban people and their government as gious processions, granting a larger than does the United States. No other country has previously allowed number of visas for for- lower overall health care costs for the United had, and continues to have, such a turbulent eign priests and religious to minister in States. and mutually hostile relationship with Cuba Cuba, a limited amount of access to the state MSAs encourage preventive care and as does the United States. And no other media, even re-instating Christmas, at least ``incentivize'' people to live healthier, so that country outside of Cuba itself has within it for this past year, as a national holiday, and they do not need expensive medical services such a large concentration of Cuba’s sons other expressions of a more open official at- in the future. Unlike some insurance plans that and daughters. It is incumbent on us, there- titude toward the rights and freedoms of be- have deductibles or copays to meet, the em- fore, to take a fresh look at the issues that lievers. As welcome as these changes are, it is ob- ployee's MSA account has money in it to use continue to divide us, and see if it is not time for fresh initiatives to promote the vious that they fall far short of the measure immediately if they desire routine or preventive goals of reconciliation among us. of a just society repeatedly outlined by the care. As a Conference, our overarching concern Holy Father. But they are steps along a bet- Because they can roll funds leftover at year- has been and continues to be the freedom of ter path and should be acknowledged as end, an MSA account would offer federal em- the Church in Cuba to exercise its threefold such. In our view, therefore, it is clearly ployees the ability to build a fund for future ministry of free and open worship, of pro- time for the United States also to take some health care needs such as long-term care in- phetic preaching, and of Christian service to practical steps of its own and test whether surance or nursing home services. The sav- the needy. Within this essential framework the hopes enkindled by the papal visit can of religious liberty and respect for fun- lead to real improvements in relations be- ings accrued in these accounts will also help damental human rights which we call upon tween our two countries. the federal government by reducing depend- the Cuban government to assure, we turn to First of all, we call upon the President to ence on federal health care programs for as- the policies of our own government. The cen- rescind the onerous and evidently meaning- sistance. tral U.S. policy issue is, of course, the dec- less ban on direct flights to Cuba, requiring Again, Mr. Speaker, I am pleased to join in ades-old economic sanctions imposed by our all passenger traffic and humanitarian aid to on the introduction of this legislation and I government against Cuba. As far back as transit third countries en route to Cuba. urge all members to support the expansion of 1969, the Cuban bishops called for the dis- This ban was lifted for flights related to the papal visit these past weeks, for which we health care choices for federal employees by mantling of the trade embargo, a move that was publicly supported by the USCC in 1972. are indeed grateful. But as humanitarian cosponsoring Burton/Archer/Thomas/Mica/ It was only in the present decade, however, agencies here, such as Catholic Relief Serv- Salmon. that circumstances have made such appeals ices and Catholic Medical Mission Board, f even remotely possible. plan their next shipments of critically need- The moral principles governing Catholic ed medicines and other aid to the Cuban UNITED STATES CATHOLIC CON- teaching on economic sanctions in general, Church’s relief and development agency, FERENCE QUESTIONS U.S. CUBA and on Cuba specifically, are well know. The Caritas Cuba, they are still faced with the POLICY Cuban bishops have repeatedly expressed excessive added costs that third country their opposition to ‘‘any kind of measure transit imposes. that, in order to punish the Cuban govern- Secondly, only a very small part of the nu- HON. LEE H. HAMILTON ment, serves to aggravate the problems of tritional and health needs of the Cuban peo- OF INDIANA our people.’’ Observing that embargoes are ple can be met by these periodic infusions of IN THE HOUSE OF REPRESENTATIVES acts of force, the bishops addressed provi- humanitarian aid from private donors from sions of the 1992 Cuban Democracy Act, stat- other countries. The Cuban people need these Thursday, February 5, 1998 ing that any embargo that prevents essential commodities from abroad, including from Mr. HAMILTON. Mr. Speaker, I commend to foods and medicines from getting to people the United States, without excessive prohibi- my colleagues' attention the recent statement in need is ‘‘morally unacceptable, generally tions and restrictions. The present socio-po- litical system, privileging those with power by Archbishop Theodore E. McCarrick, Chair- in violation of the principles of international law, and always contrary to the value of the and ready access to hard currency but leav- man of the United States Catholic Conference Gospel.’’ ing great numbers of the poor with inad- (USCC) Committee on International Policy. After the passage of the so-called Helms- equate access to food and medicine, will not The USCC met on the heels of the Pope's his- Burton Act in 1996, the Cuban bishops ex- be changed overnight. The demands of ele- toric visit to Cuba, and concluded that ``it is in- pressed their concern that the law runs the mentary social justice, however, call upon us cumbent on us, therefore, to take a fresh look risk of ‘‘making even more difficult the like- to do what we can to alleviate the suffering at the issues that continue to divide [the lihood of finding peaceful means to lead to of the Cuban people, especially the poorest United States and Cuba], and to see if it is not the reconciliation of all Cubans.’’ Cardinal and most vulnerable. Ending the restrictions Jaime Ortega of Havana added that ‘‘Any on the sale of food and medicines, as legisla- time for fresh initiatives to promote goals of economic measure that aims to isolate a tion currently in both Houses and of the U.S. reconciliation among us.'' country and thus eliminates the possibility Congress calls for, would be, in our view, a We would do well to consider fresh initia- of development, thus threatening the sur- noble and needed humanitarian gesture and tives in U.S. policy toward Cuba. vival of people, is unacceptable.’’ an expression of wise statesmanship on the And in his departure remarks at Jose´ part of our elected leaders. STATEMENT ON CUBA IN THE LIGHT OF THE Martı´ Airport on January 25th, Pope John It is our fervent hope and prayer that the PAPAL VISIT BY ARCHBISHOP THEODORE E. Paul stressed that, in our day, ‘‘No nation encouraging, inspiring and, we hope, trans- MCCARRICK CHAIRMAN, USCC COMMITTEE ON can live in isolation. The Cuban people forming words spoken by the Holy Father in INTERNATIONAL POLICY therefore cannot be denied the contacts with Cuba will continue to strengthen and give JANUARY 30, 1998 other peoples necessary for economic, social hope to the Cuban people, especially our Together with other members of the USCC and cultural development, especially when brothers and sisters in the faith. And we Committee on International Policy and staff the imposed isolation strikes the population pray that his powerful and eloquent calls for of the Conference, I have just returned from indiscriminately, making it ever more dif- a more open, participative and just society, a most moving and, I truly believe, historic ficult for the weakest to enjoy the bare es- for a liberation ‘‘that reaches its fullness in event, the visit by our Holy Father, Pope sentials of decent living, things such as food, the exercise of freedom of conscience, the John Paul II to the Church and people of health and education. All can and should basis and foundation of all other human E116 CONGRESSIONAL RECORD — Extensions of Remarks February 5, 1998 rights,’’ will be ever more heeded by the civil force executed at the Army Corps of Engi- ternship and then accepted a commission as authorities. We urge and look forward to fur- neers' Mobile District. captain in the U.S. Army. ther hopeful signs of positive developments Faced with unfortunate, but unavoidable Like many dedicated, hard working career within Cuban society that could lead toward funding constraints, the Corps was forced to the needed rapprochement between our two medical officers, Captain Hipol saw duty in nu- countries and reconciliation among all our notify 192 employees in June 1997 they would merous locations including Fort Sam Houston, peoples. be affected by the impending RIF in October TX; Fort Sheridan, IL; the Rock Island, IL Ar- The Holy Father summarized his goal for of the same year. Obviously, when this notice senal dispensary where he became officer-in- the visit as offering the ‘‘opportunity to was made public by the Corps there was tre- charge; and the Camp McCoy Army Dispen- strengthen not only the courageous Catho- mendous and justified concern and uneasi- sary, Sparta, WI, also serving as officer-in- lics of that country but also all their follow ness felt on the part of those employees charge. citizens in their efforts to achieve a home- whose names appeared among the 192. Captain Hipol resigned from the U.S. Army land ever more just and united, where all in- Colonel Vogel led the mission to accomplish dividuals can find their rightful place and in 1974 and almost immediately accepted a see their legitimate aspirations realized.’’ the necessary reductions and made every ef- commission in the U.S. Navy as a lieutenant We stand with the Cuban people in their just fort to minimize the apprehension and poten- commander. His first assignment at the Naval hopes for full civic, political and religious tially devastating implications to his dedicated Medical Center, Portsmouth, VA, was in the freedom. and loyal work force. He worked tirelessly to radiology department of Boone Clinic. He f accomplish this goal. Realizing the only way a transferred to the reserves and served as mutually beneficial agreement could be commanding officer of the Naval Reserve, CELEBRATING A CHICAGO LEGEND reached was through the cooperation of the Naval Station Branch Clinic 106 in Norfolk. In Corps' management and the union, Colonel 1980, he was promoted to the rank of captain. HON. HENRY J. HYDE Vogel met often with union officials in an at- Captain Hipol was recalled to active duty tempt to minimize the impact on those who OF ILLINOIS during Desert Storm and rejoined the reserves would be terminated. Among the many efforts IN THE HOUSE OF REPRESENTATIVES after his active duty release. Despite these designed to accomplish this goal, local union Thursday, February 5, 1998 many transfers and assignments, he remained leaders were invited to attend staff meetings active in numerous professional and commu- Mr. HYDE. Mr. Speaker, one of the few and labor-management meetings were in- nity organizations including: the Association of genuine legends of Chicago journalism, Irv creased to every 2 weeks, therefore opening Philippine Physicians in America; the Manila Kupcinet, has just completed 55 years of writ- the lines of communication between the two Central University Medical Alumni Association ing one of the most popular columns in the sides. of America, where he served as national presi- The immensely successful program which midwest. ``Kup'' has countless friends in the dent; the Philippine Cultural Center Building followed was the direct result of Colonel worlds of entertainment, politics and sports. Committee, where he served as chairman; Vogel's efforts. Several options were made His entire career has been spent with the Chi- and the Council of United Filipino Organiza- available to the employees who faced termi- cago Sun-Times and predecessor news- tions of Tidewater, where he also served as nation, ranging from early retirement packages papers. And on January 18th, the Sun-Times chairman. published a warm editorial which I am pleased to transfers or pay cuts. A center was estab- He has been recognized as 1 of the 20 to share with my colleagues: lished to facilitate job placement for those who chose to leave. The final results in December most outstanding Filipino-Americans in the KUP A TREASURE 1997 were, given the potential alternatives, the United States and Canada. For 55 years, Kup’s Column has been a sta- Dr. Hipol will continue his medical practice ple of Chicago journalism. And its author, best possible in this unfortunate situation. Sev- enty-nine employees left to pursue other em- of outpatient diagnostic radiology in partner- Irv Kupcinet, has been a dean of his profes- ship with his wife, Rose, who practices gen- sion. ployment opportunities and 113 were to be re- It is not just that he has done what he does assigned. Of the 192 employees affected by eral internal medicine. I join his many friends for so many years. It is that he has done it the Reduction in Force, none were faced with in wishing Captain Hipol and his family fair with a grace, quality and compassion so involuntary separation. winds and following seas. often missing from contemporary American I would like to personally thank Colonel culture. Vogel and his staff for their dedication and f Kup has been a gentleman away from his keyboard as well. Over the years, he has commitment to their employees and cowork- TRIBUTE TO THE HONORABLE spent his time and money supporting the ers. As Congress continues in its efforts to re- RONALD V. DELLUMS Weizmann Institute of Science, the Chicago duce the size of the Federal Government, Academy for the Arts, Little City Founda- other Federal agencies facing the same SPEECH OF tion and the Variety Club, and working on downsizing realities would do wise to study telethons raising money for Easter Seals, the model and accomplishment put forth by HON. ROB PORTMAN muscular dystrophy and cerebral palsy. Last, Colonel William Vogel and his staff. OF OHIO but certainly not least, he spent an amazing I and everyone else affected by the Corps' 50 years hosting the Purple Heart Cruise to IN THE HOUSE OF REPRESENTATIVES thank veterans for their service to the coun- reduction in force extend our sincere apprecia- try. tion for a difficult job well done. Tuesday, February 3, 1998 f And to think this whole, wonderful career Mr. PORTMAN. Mr. Speaker, I rise today to happened only because an injury ended his first career as a professional football player. TRIBUTE TO NAVY CAPT. MANUEL pay tribute to RON DELLUMS, a friend and a Football’s loss was Our Town’s gain. Chi- A. HIPOL man whose departure from Congress will cago, and the Sun-Times, are lucky to have leave a major void on Capitol Hill. RON is you, Kup. HON. OWEN B. PICKETT known as an articulate spokesman for his con- stituents and a serious legislator of proven f OF VIRGINIA ability. These attributes alone when combined IN THE HOUSE OF REPRESENTATIVES REGARDING COL. WILLIAM VOGEL with his many years of public service are wor- Thursday, February 5, 1998 thy of praise and commendation. But RON HON. SONNY CALLAHAN Mr. PICKETT. Mr. Speaker, I rise to pay brought more to the job that singled him out OF ALABAMA tribute to Capt. Manuel A. Hipol of the Navy as a congressional and national leader. IN THE HOUSE OF REPRESENTATIVES Medical Corps who is retiring after almost 30 He reached out: across the aisle, across ra- years of loyal and dedicated service to our cial boundaries, and across ideological lines. Thursday, February 5, 1998 country. He did it with a sincerity that was heartfelt and Mr. CALLAHAN. Mr. Speaker, I would like to Born in Manila, Philippines, Captain Hipol a pure motive, and it showed. This was his take a moment to extend my utmost apprecia- launched his medical career at Manila Central magic and this was the key to his many friend- tion to Col. William Vogel, district engineer, University, completing its thoracic medicine ships and the unusual respect he received U.S. Army Corps of Engineers, Mobile District. residency program at the Philippines Veterans during his service and upon his retirement. I Colonel Vogel deserves special recognition for Hospital in 1966. Later that year he immi- know Congress as an institution is a better the hard work and dedication to his employees grated to the United States and settled in Se- place for his service. I hope we as individual demonstrated during the recent reduction in attle, WA, where he completed a 1-year in- Members have learned from his example. February 5, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E117 CONGRATULATIONS TO BETHESDA- of trade dress as efficient as possible for both The people of Taiwan will decide Taiwan's CHEVY CHASE MEALS ON WHEELS the applicant and the examiner. future with mainland China. The 21 million The ``Trade Dress Protection Act'' address- people in Taiwan have rejected the so-called HON. CONSTANCE A. MORELLA es a number of other issues as well. Under ``one country, two systems'' approach advo- OF MARYLAND U.S. trademark law, trade dress is not subject cated by the government on the mainland. In to protection if it is functional. However, the IN THE HOUSE OF REPRESENTATIVES order for meaningful dialogue to begin be- Trademark Act does not define the term ``func- tween Taipei and Peking, President Lee Teng- Thursday, February 5, 1998 tional'' and some courts still rely on widely dis- hui has made it very clear that the two sides Mrs. MORELLA. Mr. Speaker, it is with credited tests; for example, whether the trade must first narrow the enormous differences be- great pride that I rise today to recognize the dress in issue is an important ingredient to the tween the standards of living and political sys- outstanding work done by the Bethesda-Chevy commercial success of the product. My bill, tems. Chase Meals on Wheels. On February 11, the Mr. Speaker, attempts to define the term On the matter of economic cooperation be- organization will mark the one millionth meal ``functional'' in a manner consistent with pre- tween the two sides, President Lee Teng-hui delivered in more than 25 years of continuous vailing case law and provides the courts and on January 7th explained Taiwan's ``no haste, service to those in need. the PTO with a number of factors to consider be patient'' policy on investment in mainland The remarkable commitment displayed by when engaging in a functionality analysis. China by saying that the policy is aimed at the B-CC program is best exemplified by The ``Trade Dress Protection Act'' also clari- protecting Taiwan's entrepreneurs and Tai- some of the veterans who have been with the fies the law with respect to which party to a wan's overall interests. organization since its inception. Alfred Well- lawsuit bears the burden of proof on the issue In addition to advocating economic caution born, Mary Bartels, and Ann-Marie Snyder, all of functionality. This issue has provoked a in dealings with mainland China, President have worked for, and supported, the B-CC sharp split among the federal courts of ap- Lee has repeatedly said that Taiwan, like all Meals on Wheels since the beginning. They peals. sovereign nations, must be given a place in are the embodiment of perseverance and My bill also provides the PTO with a new the international community. Since mainland dedication. statutory basis upon which it may refuse to China has never stopped trying to have Taipei There are many other unsung heroes of this register matter that, as a whole, is functional. expelled from the world village, Taiwan must institution. The burden of cost for deliveries The number of applications seeking registra- promote its ``pragmatic diplomacy'' more ac- rests on the shoulders of the volunteers, while tion of trade dress has increased markedly tively. the Christian Church provides office space for over the past few years, and my bill updates There is no question that Taiwan faces administrative duties. Many other area places the Trademark Act to provide the PTO with many challenges in the world. But Taiwan of worship contribute by supplying volunteers the statutory tools necessary for it to carry out stands tall and firm as a beacon of freedom in and organizing routes, such as Chevy Chase its mission. the Far East. In addition, I would like to ex- Methodist Church, St. Dunstan's Church and Finally, my bill contains a number of tech- press admiration for Taiwan and President St. John's Episcopal Church. nical amendments to the Trademark Act to Lee Teng-hui for their skill in economic man- I salute the commitment displayed by these correct drafting and other errors. agement. While other countries in Asia are individuals and congratulate them heartily on Due to the importance of the issues raised suffering from plunging currency values, Tai- their achievement. Furthermore, I join the Be- by this bill, the House Subcommittee on wan has remained secure and stable. thesda-Chevy Chase Meals on Wheels in their Courts and Intellectual Property, which I chair, In large measure, that is because of Tai- celebration of longevity and distinguished per- will hold a hearing on the measure on Feb- wan's careful banking practices, and high for- formance in service. ruary 12. My colleagues and I look forward to eign reserves. The Washington Post reports f hearing the testimony of the scheduled wit- that Taiwan has been so confident of its fiscal nesses and to advancing this legislation this management that it is prepared to use its vast THE INTRODUCTION OF H.R. 3136, session. financial resources to aid its Southeast Asian THE ‘‘TRADE DRESS PROTEC- f neighbors. As an indication of Taiwan's willing- TION ACT’’ ness to offer help to its troubled neighbors, PRESIDENT LEE TENG-HUI CELE- high-level delegations, composed of govern- BRATES TEN YEARS IN OFFICE HON. HOWARD COBLE ment officials and business leaders, have been visiting the Philippines, Indonesia, Thai- OF NORTH CAROLINA HON. MAURICE D. HINCHEY IN THE HOUSE OF REPRESENTATIVES land, and Singapore. OF NEW YORK Taiwan is a good neighbor in Asia and a re- Thursday, February 5, 1998 IN THE HOUSE OF REPRESENTATIVES sponsible member of the international commu- Mr. COBLE. Mr. Speaker, I am pleased to Thursday, February 5, 1998 nity. introduce today the ``Trade Dress Protection Mr. HINCHEY. Mr. Speaker, President Lee On the occasion of President Lee's ten Act.'' This bill is intended to clarify the law with Teng-hui of the Republic of China assumed years in office, I wish him and his country respect to the applicable legal standards for the office of the Presidency on January 13th, much good fortune in the months and years the protection of trade dress, which includes 1988, upon the sudden death of President ahead. product designs and packaging. Chiang Ching-kuo. On March 21st, 1990, Lee May the year of the Tiger be a good one for Several years ago, Mr. Speaker, the Su- was elected in his own right by the National all my friends in Taiwan. preme Court, in the case Two Pesos, Inc. v. Assembly as eighth President of the Republic f Taco Cabana, Inc., 505 U.S. 763 (1992), held of China. On March 23rd, 1996, Lee won a THE FEDERAL EMPLOYEES that trade dress which is inherently distinctive landslide victory in the first direct presidential HEALTH CARE FREEDOM OF is protectable under federal trademark law election in the history of China. President Lee CHOICE ACT without a showing that it has acquired second- was sworn in as the ninth President of the Re- ary meaning. The Court, however, had no oc- public of China on May 20, 1996. HON. DAN BURTON casion to comment on the test that should be In the past ten years, Taiwan has made re- OF INDIANA applied in determining whether trade dress is markable progress in moving toward full- IN THE HOUSE OF REPRESENTATIVES inherently distinctive. fledged democracy. Vigorous opposition par- Subsequent to the Court's decision in Two ties compete in regular, fair, frequent elec- Thursday, February 5, 1998 Pesos, a number of federal courts of appeals tions, allowing Taiwan citizens an opportunity Mr. BURTON of Indiana, Mr. Speaker, I am have issued conflicting and confusing opinions to determine the future of their nation. In fact, please to join my collegue Congressman AR- regarding the showing necessary to establish Taiwan has succeeded in developing full CHER in introducing today the Federal Employ- if trade dress is inherently distinctive. My bill is democratic representation at all levels of gov- ees Health Care Freedom of Choice Act. This intended to provide the courts, as well as the ernment throughout the island. is significant legislation because it will allow U.S. Patent and Trademark Office, with guid- The right and responsibility to choose politi- Federal employees the option to choose a ance as to the relevant factors to consider in cal representatives through the ballot box is medicare savings account combined with a determining whether or not product designs or guaranteed in the Republic of China Constitu- high deducatible catastrophic policy under the packaging are inherently distinctive. It has tion. Taiwan's political leaders, from the lowest Federal Employee Health Benefit [FEHB] Pro- been drafted in conjunction with the Adminis- administrative officer to the highest office hold- gram. We believe that it is important that Fed- tration to make the registrability and protection er, must be accountable to the people. eral employees have the same option that is E118 CONGRESSIONAL RECORD — Extensions of Remarks February 5, 1998 now, or will be, available to almost every other strengthen and improve the FEHB Program by word on campaign finance reform. With almost American. By offering an MSA, Federal em- expanding the array of choices in the program. daily editorials and articles in newspapers ployees and their families will have the oppor- I urge my colleagues to join us in supporting across this country, how can we sit back and tunity to take control over their health care dol- this essential legislation. ignore a call to action? There may be different lars by choosing their own doctors. f ideas promulgated and different reservations The FEHB Program is the largest employer- expressed about the problem but until those sponsored health insurance system in the HONORING THE 75TH ‘‘DIAMOND’’ ideas and reservations are debated on the country. The program is often cited by both ANNIVERSARY OF THE CITY OF House floor, we are getting nowhere fast. The the private and public sector as a model of ef- SOUTH GATE American people deserve a response to their ficiency and effectiveness, controlling costs concern. through private sector competition with limited HON. LUCILLE ROYBAL-ALLARD This week the members of the House of governmental intervention. Participants choose OF CALIFORNIA Representatives were in town for a very light from roughly 400 competing health plans na- IN THE HOUSE OF REPRESENTATIVES schedule. This would have been a perfect time tionwide, with anywhere from 10 to 30 health Thursday, February 5, 1998 to consider campaign finance reform. I hope plan options available in any particular area. Ms. ROYBAL-ALLARD. Mr. Speaker, it is that next week, with another light schedule, With a fixed dollar amount contributed by the with great pride and honor that I rise today to we may take up this important issue. The peo- Government, Federal employees can decide recognize the 75th ``Diamond'' Anniversary of ple of my district refuse to accept ``no'' for an which health plan best meets their specific the City of South Gate, California. answer. health needs. We strongly believe that the Founded on January 20, 1923, the City of FEHB Program can be further enhanced by al- South Gate is a proud community where fami- f lowing enrollees the opportunity to choose an lies and industry flourish together. South TRIBUTE TO THE HONORABLE MSA option. Gate's successful blending of the needs of the Under our legislation, MSA's combined with RONALD V. DELLUMS community and industrial base provides resi- a high deductible plan will be available to all dents with a safe community where families FEHP Program enrollees, including active SPEECH OF can prosper, industry can succeed, and diver- workers, dependents, and annuitants, at the sity can thrive. Fittingly, South Gate has con- beginning of 1999. The annual deductible lim- HON. SANFORD D. BISHOP, JR. sistently ranked among the best cities in its are identical to those currently in law for OF GEORGIA Southern California for its quality of life, and in private market MSA's: $1,500±$2,250 for indi- 1990, won the ``All America City'' award from IN THE HOUSE OF REPRESENTATIVES vidual coverage with an annual out-of-pocket the National Civic League. Tuesday, February 3, 1998 cap on expenses of no more than $3,000, and South Gate's motto, ``Opportunity,'' is fitting $3,000±$4,000 for family coverage with an an- for this thriving community. Throughout the Mr. BISHOP. Mr. Speaker, on Friday, Feb- nual out-of-pocket cap on expenses of no city's history, it's opportunity that gave Amelia ruary 6, 1998, the House of Representatives more than $5,500. Contributions made to the Earhart a place where she first learned to fly; and the California Delegation will bid farewell MSA and any interest on the account will build it's opportunity that gave rise to the spectacu- to RON DELLUMS, a man who will go down in up tax free. Distributions from MSA's are ex- lar transportation and industrial base the city history as one of the most effective legislators empt from Federal income tax to the extent grows from; and it's opportunity through the ever sent to Washington. I rise today to pay that the distributions are used to pay for quali- city's ethnic diversity, safe communities, and tribute to this man who has served this coun- fied health expenses. Should the worker retire positive youth outlets that allows South Gate try and this body with great distinction, valor, prior to age 65, he or she can continue cov- to prosper. Whether it be religious cooperation integrity, and honor. erage through the high deductible health insur- or community volunteering, abundant parks or He has been a faithful servant on a long ance plan and will continue to have contribu- growing industries, South Gate has always journey. When he came to Congress in the tions made to his or her MSA. promoted opportunity for its diverse population early seventies, he came with a missionÐto I believe that there are many advantages to in order to give rise to success. ensure civil rights and social justice for all using MSA's. One of the most important ad- To the casual observer, South Gate is seen mankind. His record speaks for itself. From vantages of MSA's is that it provides individ- as a place with a strong history of support for leading the fight against apartheid in South Af- uals maximum freedom of choice regarding the promotion of the ``ideal community'' rica to providing comprehensive solutions to a their health care. Rather than putting the through individual and collective opportunity. myriad of problems that this country has faced power to choose in the hands of the Govern- Look deeper and one sees that ``opportunity'' over the last 27 years. ment, employer, insurance company, or pro- has always been a way of life for South Gate's RON's presence in Congress will surely be vider, MSA's keep the power to choose in the citizens. Industries are thriving because of tar- missed. His wisdom and hard work have pro- hands of the patient. In addition, MSA's have geted incentives and investments in the com- vided a solid foundation on which the Con- been shown to be cost effective. Under the mercial districts; residents are prospering be- gress continues to build. It has been a pleas- current third party system consumer have little cause of the city's nationally recognized ure working with him throughout the years. He incentive to limit spending or weigh the cost- schools, parks, churches, civic groups, and has all always been fair and equitable in his benefits of services. However, when individ- recreational facilities; and the community is approach. I am pleased that I have been able uals realize that the money in the MSA's be- flourishing because of the unequaled protec- to build a lasting professional and social rela- long to them, they are much more cost-con- tion provided by the police, fire, and public- tionship with RON. He has given me sound ad- scious purchasers of health care and make works services. vice and has provided a legacy for legislators much more informed judgments about their Over the past 75 years, South Gate has such as myself to emulate. own health care needs. And, as a result of persevered because of its innovative spirit, more cost-effective use of health care re- He has worked tirelessly to provide the peo- community vitality, and diverse population. But ple of the Ninth District of California with a sources, health care costs are reduced not most importantly, South Gate has excelled be- only for the individual, but ultimately for the sound, reasonable, and effective voice in cause of the opportunities given to its people. Washington while providing the entire country Government and the taxpayers. I congratulate South Gate on their 75th anni- Over the past few years, many of us in Con- with superb statesmanship. His accomplish- versary and for being a city whose vision and gress have fought hard to provide MSA's to ments are innumerable. character reflect the best of America. Americans. We have succeeded in providing I would like to thank RON for his commit- f MSA's to both individuals in the private sector ment, wisdom, and guidance to our great na- and Medicare beneficiaries. It is now time for CAMPAIGN FINANCE REFORM tion. His work ethic has been and will continue us to turn to our Federal employees and em- to be the measure by which all legislators power them to control their own health care HON. RON KIND should be judged. decisions. OF WISCONSIN As he leaves this body to pursue new inter- Adding MSA's to the FEHB Program will ex- ests and endeavors, I want him to know that IN THE HOUSE OF REPRESENTATIVES pand choice to Federal workers, improve their our prayers are with him and his family. I health coverage, and reduce heatlh care costs Thursday, February 5, 1998 know that God will continue to bless and keep for Federal employees, the Government, and Mr. KIND. Mr. Speaker, we have been back him as he moves into yet another phase of taxpayers. Furthermore, they will further in session for several days now and still no life. February 5, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E119 H.R. 2846—NATIONAL TESTING Banco Popular, Banco Santander, Citibank, been training rigorously since 1996 for this up- Scotia Bank of Puerto Rico, and Banco Bilbao coming event. HON. FRANK D. LUCAS Vizcaya. Good luck Ms. Rodriguez and best wishes to your family! They, like me, must be very OF OKLAHOMA Based on their experience with Harland's proud. IN THE HOUSE OF REPRESENTATIVES Gurabo facility, many of these financial institu- tions now also use other Harland products and f Thursday, February 5, 1998 services, including the company's database TRIBUTE TO THE HONORABLE Mr. LUCAS of Oklahoma. Mr. Speaker. Dur- marketing software which help them to better RONALD V. DELLUMS ing the first session of the 105th Congress, understand the needs of their customers. They nearly 300 members of the House rejected the have served as a fine example of entrepre- SPEECH OF President's federal testing plan as part of the neurship, demonstrating over the past 25 FY 1998 Labor, HHS, and Education Appro- years their commitment to the development of HON. EDDIE BERNICE JOHNSON priation Act. A compromise was reached that quality products and services. As the needs of OF TEXAS prohibited the President from moving forward their clients expanded or varied, so did their IN THE HOUSE OF REPRESENTATIVES with national testing in FY 1998. However, no services. Tuesday, February 3, 1998 agreement was reached regarding national The John H. Harland Co. was founded in Ms. EDDIE BERNICE JOHNSON of Texas. testing activities in FY 99 or beyond. There- 1923, and is the second largest check printer Mr. Speaker, it saddens me today to say fore, President Clinton is at it again. in the United States. If is also the Nation's goodbye to Congressman RONALD V. DELLUMS For some reason the Clinton Administration leading provider of database marketing to fi- of the 9th District of the State of California. He thinks people inside the beltway know what is nancial institutions. Harland is understandably has brought a great conscience to this body best for my children and my constituent's chil- proud of the Gurabo plant and its employees. during our debates over military spending and dren in Western Oklahoma. The Department And Mr. Speaker, we are proud to have such the role of the modern U.S. military. He is as of Education is moving forward to write a na- a good corporate neighbor in our community. thoughtful and passionate on issues to protect tional test to be voluntarily administered to John H. Harland Co. has preserved and en- the opportunities for children as he is on re- fourth and eighth graders in reading and math hanced a great tradition during its first 25 ducing a massive military budget. Mr. Speak- respectively. How can a huge bureaucracy years in Puerto Rico. I offer my congratula- er, on those issues of advocacy of children, he such as the Department of Education know tions to the John H. Harland Co. and its em- reminds many of a mutual friend of both of how to test the students of Hollis, Oklahoma? ployees on the occasion of its 25th anniver- ours, Congressman Mickey Leland of Texas. Has anyone from the Clinton Administration sary in Puerto Rico. It is my hope that their Mr. Speaker, we all know that Congressman ever been to Hollis, Oklahoma? Is it appro- fine example proves to be a catalyst for other DELLUMS is a staunch opponent of weapons priate to give fourth and eighth grade students companies to make similar commitments. May funding, specifically the funding of the B±2 in Boise City, Oklahoma population 1,509 the the company's endurance and prosperity bomber, an issue where he and I have dis- same national test as the students in Boston, serve as positive lessons to future generations agreed on sharply. However, as with all his Massachusetts? What is the Clinton Adminis- of Americans. dealings with opponents, I never experienced tration hoping to accomplish with the results of f a slight or an unkind word. these beltway developed tests? Although he opposes many weapons fund- Many questions still need to be answered JENNIFER RODRIGUEZ PARTICIPA- ing initiatives, he is not an enemy of our mili- regarding the manner in which the Administra- TION IN THE WINTER OLYMPICS tary or the ideas of the country it is sworn to tion is moving ahead with test development. protect. Rather, he is outspoken when in times of peace, our military spending takes more im- During consideration of the FY 98 Labor, HON. LINCOLN DIAZ-BALART portance than feeding our children. HHS, and Education Appropriations Act, I OF FLORIDA I would be remiss if I did not acknowledge head from hundreds of parents who were irate IN THE HOUSE OF REPRESENTATIVES that Congressman DELLUMS and Congress- with the proposal of national testing. Parents, Thursday, February 5, 1998 man Leland lead the effort to end U.S. support local PTA's, and local school boards know Mr. DIAZ-BALART. Mr. Speaker, it gives me for the apartheid regime in South Africa by in- what is best for their local students. Lets sup- troducing legislation calling for economic sanc- port the parents in our districts by voting in great pleasure to rise today, just one day be- fore the Opening Ceremonies at the 1998 tions. Fifteen years later, that legislation support of H.R. 2846 and insuring that Con- passed the House, imposing the sanctions gress will have a voice in developing any sort Winter Olympics in Nagano, Japan to con- gratulate Jennifer Rodriguez, the first Cuban- that would eventually lead to the dismantling of voluntary testing. Parents need to know that of apartheid and begin the creation of a new American to participate in this most important their children's best interests are being pro- South Africa. event. Ms. Rodriguez, who will compete in the tected. Congressman DELLUMS was born in Oak- f women's speedskating tournament, also has land, CA, on November 24, 1935. However, the distinction of being the first Hispanic ath- he has deep Texas roots. After serving in the 25TH ANNIVERSARY OF JOHN H. lete and the first Miamian to participate in a U.S. Marine Corps for 2 years, he received an HARLAND CO. IN GURABO, PR Winter Olympics. As a Hispanic, a Cuban- A.A. degree at Oakland City College, A.B.A. American and a resident of South Florida, I from San Francisco State University and his HON. CARLOS A. ROMERO-BARCELO´ am immensely proud of Ms. Rodriguez great master's in social work from the University of OF PUERTO RICO accomplishment. California at Berkeley. IN THE HOUSE OF REPRESENTATIVES We are blessed to be the heirs of an ex- Throughout his career in the Berkeley City traordinary tradition of athleticism, competition Thursday, February 5, 1998 Council and Congress, his education back- and camaraderie which began over 2,000 ground and experience in social work helped  Mr. ROMERO-BARCELO. Mr. Speaker, I years ago in Ancient Greece and lives on in draw attention to the plight of the poor and in- am pleased to have the opportunity to call at- our modern Olympic games. These celebra- fluence the implementation of policies like the tention to an important American success tions bear witness to the best in the human National Health Service Act and the Head story. This past December 1997, the John H. spiritÐthe Spirit of the Olympiad. As elected Start Program. Harland Co., headquartered in Atlanta, GA, officials, we too partake of an arena which Mr. Speaker, among all his legislative ac- celebrated the 25th anniversary of its Gurabo, itself is marked by conflict. All too often, how- complishments and contributions to this body, PR, printing plant. ever, we forget to play fairÐthe old cliche that all Americans, particularly African-Americans The Gurabo plant opened in 1972. During it is not just about winning. These games are proud that in 1973 he was the first African- that quarter of a century, Harland's employees should remind us of the inherent value of American appointed to the formerly known have played a crucial role in helping the com- sportsmanship. House Armed Services Committee. He made pany meet the needs of its customers. Today, I salute Ms. Rodriguez for her dedication. another historic first in the 103rd Congress, the 52 employees at the Gurabo facility fill ap- Her effort serves as testimony that those vir- becoming chairman of the committee. As proximately 31,000 check orders each month tues the Ancient Greeks so valued are alive chairman, he articulated a progressive and al- for customers of financial institutions in Puerto and well, so much so that they have driven a ternative vision of the military, beginning an Rico, Antigua, the Virgin Islands, the Domini- young woman from the warm, semi-tropical cli- honest debate over the possibilities of rein- can Republic, and throughout the Caribbean. mate of her native South Florida to the ice- venting our military forces without threatening The financial institutions represented include cold weather of Milwaukee where she has national security. E120 CONGRESSIONAL RECORD — Extensions of Remarks February 5, 1998 Mr. Speaker, ironically, the wars in Vietnam domain,'' and has to be first offered through help to ensure that in those cases where a and on the streets of urban ghettos developed the Bureau of Land Management (BLM) to the non-profit group has been active in a particular his sense of compassion and concern for Interior Department. If the Interior Department lighthouses' preservation, and wishes to con- those who face inequities and discrimination. does not claim the land, then the lighthouse is tinue in it's work, that that group would be He could have easily had a bitter soul forged placed in the General Service Administration's given a fair shot at claiming that lighthouse out of the fires from the 1960 riots and battles (GSA) excessing process. If the property is when the Coast Guard declares it excessed. he knew so well, but he chose to care and not considered public domain, then the light- Mr. Speaker, we need to recognize the very use his mind and ability for justice. Therefore, house is placed directly into the GSA important role lighthouses have played in this he is a great example to young men and excessing process. country's history. By encouraging government women that the anger and distress known to Through the GSA process, priority is first agencies to join with non-profit groups to help many of our cities can be directed to solving granted to federal agencies. This means that preserve lighthouses for the future, we will be our country's most pressing social problems. the lighthouse could be used for such things providing a much fairer process to those who Mr. Speaker, although many Members of as an office for the Internal Revenue Service. wish to continue their work in preserving these Congress may have disagreed with his stands If no federal agency claims it, the property is nationally historic structures. on military spending and his legal challenges then surveyed to see if it suitable to qualify f to a President's authority to declare war on under the McKinney Homeless Assistance Act, countries, no one can dispute that his argu- thereby allowing it to be transferred to those TRIBUTE TO THE HONORABLE ments and debating style were pragmatic, in- organizations that assist the homeless. Should RONALD V. DELLUMS telligent, and were carried out with respect neither of these categories claim the light- SPEECH OF and dignity toward others, regardless of ideol- house, it is then offered to the state in which ogy. Therefore, he was respected in this it is located, possibly to be used for recreation HON. FORTNEY PETE STARK House by those of all ideologies and political purposes. If the state not claim it, then it is of- OF CALIFORNIA persuasions. fered to the local government where the prop- IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, our colleague from California erty is located. Finally, if the lighthouse is still Tuesday, February 3, 1998 is leaving this body after a long and productive available at the end of the GSA process, it is career. While I can say that his return to pri- put up for public sale. Mr. STARK. Mr. Speaker, we are here to vate life is much deserved, I must say that he The real tragedy here, Mr. Speaker, is that celebrate the career of a champion of Demo- will be sorely missed because of his courage, many of these lighthouses have been pro- cratic principles in the House of Representa- leadership, and compassion. I will miss him as tected and preserved over the years by non- tives. I am honored to have served with my a friend. profit historical lighthouse societies, which friend, RON DELLUMS. f have donated a great deal of time, money, For over a quarter of a century, I have had and resources to lighthouse preservation ef- the distinct privilege of joining RON in the good PERSONAL EXPLANATION forts. As you can see, in order to have the fight. He vehemently opposed our govern- lighthouses conveyed to them, they must wait ment's involvement in Vietnam. He asked the HON. CHARLES W. ‘‘CHIP’’ PICKERING through the long process described above, tough questions and pursued the truth in the OF MISSISSIPPI and then must bid on them. This process basi- crime of Watergate. He demanded quality for IN THE HOUSE OF REPRESENTATIVES cally requires these non-profit organizations to women and minorities and defended civil compete financially with private groups that rights. He did not waver in the charge to stop Thursday, February 5, 1998 have greater access to funds, and that have, the testing of nuclear weapons. He fought for Mr. PICKERING. Mr. Speaker, I was unable in many cases, not made the same commit- the poor, the disabled, and the disadvantaged, to return to the House floor last evening due ment to the lighthouse in the past. In addition, in the hope that all Americans could partake in to a scheduling conflict and missed the follow- these private groups may have plans for the our country's bounty. ing vote: lighthouse that are inconsistent with the best His focus, above all, was to promote peace. Rollcall vote No. 7, passage of H. J. Res. interests of the community. Though these non- His work on the National Security Committee 107. Had I been present, I would have voted profit groups can, in some specific cases, pur- earned him the respect of all his colleagues ``aye.'' chase the light house directly from the BLM, for his grasp of issues, his focus and his pow- f they sometimes have to pay as much as half erful oratory skills. He worked for decades to of its market valueÐa value that those particu- expose unnecessary military spending and cut NATIONAL HISTORIC LIGHTHOUSE lar groups helped to increase over the years defense spending. He came here to make PRESERVATION ACT through their hard work. Thus, the message things better for all Americans and he suc- we are sending here is that if you're going to ceeded. HON. MARK E. SOUDER provide a public service by preserving histori- Mr. Speaker, I stood with RON DELLUMS for OF INDIANA cal sites, you're going to have to pay for them close to three decades; I am saddened to see IN THE HOUSE OF REPRESENTATIVES in the end. him go but I know he will make a difference I should point out that another method for Thursday, February 5, 1998 for the better wherever he goes. conveyance is for Congress to enact separate f Mr. SOUDER. Mr. Speaker, I have intro- pieces of legislation to transfer a lighthouse to duced H.R. 2970, the National Historic Light- a specific group. As you know, this process FINANCIAL ACCOUNTING house Preservation Act, which would amend can be very time consuming and cumbersome FAIRNESS ACT OF 1998 the National Historic Preservation Act, to es- considering that there are hundreds of light- tablish a national historic light station preser- houses that will be excessed in the near fu- HON. RICHARD H. BAKER vation program. This legislation was intro- ture. OF LOUISIANA duced in the other body by the Chairman of My legislation would introduce a degree of IN THE HOUSE OF REPRESENTATIVES the Energy and Natural Resources Committee, fairness to the conveyance process for historic Senator FRANK MURKOWSKI of Alaska. lighthouses by amending the National Historic Thursday, February 5, 1998 As you may know, Mr. Speaker, lighthouses Preservation Act to transfer this process to the Mr. BAKER. Mr. Speaker, today I am intro- have served as life-saving navigational aids National Parks Service, which would be able ducing a bill that will serve as a legislative since before the turn of the century. However, to work in conjunction with the State Historic remedy to a flaw in the private sector process many of these lighthouses have outlived their Preservation Officer, to establish a national for developing financial accounting standards. use to the Coast Guard as navigational aids. historical light station program. This new pro- Specifically, the Financial Accounting Fairness Thus, the Coast Guard is left with surplus gram would have priority to those government Act (FAFA) will provide for judicial review of lighthouses, and declares them ``excessed.'' agencies that have entered into a partnership accounting principles that the Financial Ac- The question then becomes, who cares for agreement with a non-profit organization counting Standards Board has developed and these lighthouses once they leave the Coast whose primary mission is historical preserva- the Securities and Exchange Commission has Guard's hands? If the land on which a particu- tion of lighthouses, and would convey them at approved. In short, public companies will not lar lighthouse in question was first granted by no cost. If no such applications are offered, or be able to do what they currently cannot: have a Presidential Order to the U.S. Lighthouse approved of, then the lighthouse would be put their complaints with the substance of a pro- Establishment, it is considered to be ``public up for public sale. Thus, this legislation would posed accounting principle aired in the neutral February 5, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E121 forum of the federal court system, just like by four days of public hearings, and still more tions. Other SEC regulations are subject to ju- those companies can when they are affected public meetings on an ``Exposure Draft'' of a dicial review, and the Act would allow SEC- by other SEC rules and regulations. proposal related to accounting for derivatives recognized accounting principles to be simi- Congress should not have to inject itself in and hedging activities. Yet, even with all this larly reviewable. these controversies each time they eruptÐas openness, and ample opportunity for inter- Under the Fairness Act, FASB accounting it has in recent years with squabbles over ac- ested parties to comment on the project, there principles, as well as the FASB's record of counting for stock options and derivatives. exists substantial dissension on what has proceedings, would be delivered to the SEC, Rather, the federal court system, the tradi- emerged as the final product. Some have which would in turn publish notice of each tional mechanism our democratic republic has claimed that the process, however open, does principle, and provide interested persons an employed to solve disputes, should be called not provide meaningful opportunities for a opportunity to comment. The SEC would then upon to serve as the final independent adju- partyÐwhose business may be fundamentally determine whether the principle shall apply to dicator of thorny issues that arise in account- affected by SEC-enforced accounting and re- public companies by issuing an order approv- ing principles. porting standardsÐto truly have their concerns ing or disapproving it. In making this decision, Yesterday the issue was stock options. heard. Ultimately, the FASB can and will move the agency must consider the proposed prin- Today it is derivatives. What will the issue be forward, and its product will be endorsed ciple's impact on the protection of investors, tomorrow and beyond? The process needs to through routine SEC policy. This process is and whether it will promote efficiency, com- be fixed, and fixed now, before another dis- flawed. Congress, having given the SEC an petition, and capital formation. Additionally, no agreement again causes congressional inter- important responsibility for establishing ac- principle may be approved that imposes an ventionÐan outcome few observers want. counting principles for public companies, unnecessary or inappropriate burden on com- Since 1934, when Congress and President should now clarify that judicial review can and petition. These requirements are identical to Roosevelt created the SEC, the agency has will be available for persons whose livelihoods those applied to other SEC regulations. had the ultimate responsibility for establishing are at stake because of these rules. If the principle will apply to persons subject financial accounting and reporting standards FAFA makes it clear that judicial review is to Federal banking agency oversight, each ap- for public companies. Although the SEC de- available in the event that an aggrieved party plicable agency shall be consulted, and its cided long ago to place that authority in the decides to seek it, and that accounting prin- views considered. Without SEC approval, SEC private sectorÐa system that by and large has ciples established for federal securities pur- registrants shall not be required to comply with worked wellÐit has maintained oversight au- poses shall meet the same good standards FASB standards for the purposes of SEC fil- thority of these principles with regard to the that other SEC promulgations must. To require ings. federal securities laws. Since its creation in less is to say that financial accounting prin- 1973, the Financial Accounting Standards ciples are somehow different in nature and If an aggrieved party determines to seek ju- Board (FASB) has served this role. Like its kind from other SEC regulations, and that they dicial review, the Act would, in accordance two predecessors, the Committee on Account- should be exempt from legal challenge, no with current law regarding SEC regulations, ing Procedure and the Accounting Principles matter how good the reason. At the end of the recognize the conclusiveness of SEC findings Board, statements and interpretations of the day, this legislation will simply provide a last of fact supported by substantial evidence. FASB have benefited from an SEC presump- chance for an aggrieved party to make its Moreover, the reviewing court must affirm and tion that financial statements not in compli- case before a neutral forumÐa federal ap- enforce the regulation unless the SEC's action ance with these principles are misleading and peals courtÐrather than limiting it to pleas be- in approving the regulation is found to be arbi- therefore in violation of the federal securities fore the very body that implemented and cre- trary, capricious, or an abuse of discretion, laws. As a result of this policy, FASB pro- ated the standard. among other such considerations already re- nouncements have generally had the full force The Financial Accounting Fairness Act re- quired under existing law. The Act would only and effect of SEC regulations. tains the current system of private sector de- apply to FASB pronouncements formally Although it is true that the FASB itself has velopment of accounting principles. It in no adopted after January 1, 1998. extensive procedures to allow parties inter- way interferes with the FASB's process for Recent events have highlighted the need for ested in FASB projects to make their opinions producing financial accounting guidelines. It this legislation. I look forward to its passage, known, questions have arisen whether per- will not meaningfully affect the speed with so that the need for congressional involvement sons aggrieved by FASB pronouncements which these standards are implemented, ex- in the development of financial accounting have the right to judicial review of their com- cept in the event that an appeals court de- principles will be reduced or eliminated in the plaints, and whether such prononuncements cides that good cause exists to stay the imple- future. Only when aggrieved parties clearly must comply with the requirements applicable mentation of the standard pending resolution have the opportunity to make their cases in to other SEC regulations. of a case before the court. As a result of SEC court will we have accounting standards that Recently, for example, the FASB held 100 policy, FASB pronouncements have generally are truly accountable for their impact on public public meetings to discuss a project, followed had the full force and effect of SEC regula- companies Thursday, February 5, 1998 Daily Digest

HIGHLIGHTS The House passed S. 1575, to rename the Washington National Airport as the ‘‘Ronald Reagan Washington National Airport’’—clearing the measure for the President. The House voted to override the President’s veto of H.R. 2631, dis- approving the cancellations transmitted by the President on October 6, 1997, regarding Public Law 105–45, Military Construction Appro- priations Act. Senate Passage Vitiated: On Wednesday, February 4, Chamber Action 1997, Senate vitiated passage of the following meas- Routine Proceedings, pages S413–S463 ure: Measures Introduced: Five bills and one resolution S. 947, to provide for reconciliation pursuant to were introduced, as follows: S. 1612–1616 and S. section 104(a) of the concurrent resolution on the Res. 173. Pages S450±51 budget for fiscal year 1998. (Passed by the Senate on June 25, 1997) Human Cloning Prohibition Act: Senate began consideration of the motion to proceed to S. 1601, Nominations Confirmed: Senate confirmed the fol- to amend title 18, United States Code, to prohibit lowing nominations: the use of somatic cell nuclear transfer technology 2 Air Force nominations in the rank of general. for purposes of human cloning. 2 Army nominations in the rank of general. Pages S425±39, S444±46 Pages S447, S463 A motion was entered to close further debate on Nominations Received: Senate received the follow- the motion to proceed to consideration of the bill ing nominations: and, in accordance with the provisions of Rules Eligah Dane Clark, of Alabama, to be Chairman XXII of the Standing Rules of the Senate, a vote on of the Board of Veterans’ Appeals for a term of six the cloture motion will occur on Tuesday, February years. 10, 1998. Page S446 Keith C. Kelly, of Arizona, to be a Member of the Subsequently, the motion to proceed to consider- Board of Directors of the Commodity Credit Cor- ation of the bill was withdrawn. Page S446 poration. Nomination—Cloture Filed: A motion was entered Robert A. Miller, of South Dakota, to be a Mem- to close further debate on the nomination of David ber of the Board of Directors of the State Justice In- Satcher, of Tennessee, to be an Assistant Secretary of stitute for a term expiring September 17, 2000. Health and Human Services, to be Medical Director 23 Air Force nominations in the rank of general. in the Regular Corps of the Public Health Service, 2 Marine Corps nominations in the rank of gen- and to be Surgeon General and, by unanimous-con- eral. Page S463 sent agreement, a vote on the cloture motion will Messages From the House: Page S450 occur at 11 a.m., on Tuesday, February 10, 1998, following which Senate expects to vote on confirma- Measures Referred: Page S450 tion of the nomination. Page S446 Measures Placed on Calendar: Page S450 A further unanimous-consent time-agreement was Executive Reports of Committees: Page S450 reached providing for consideration of the nomina- tion on Monday, February 9 and Tuesday, February Statements on Introduced Bills: Pages S451±56 10, 1998. Page S446 Additional Cosponsors: Page S456 D63 D64 CONGRESSIONAL RECORD — DAILY DIGEST February 5, 1998

Authority for Committees: Page S457 chael J. Squier, USA, for appointment in the Reserve Additional Statements: Pages S457±61 of the Army to the grade of Brigadier General, and Col. Robert L. Echols, USA, for appointment in the Adjournment: Senate convened at 10:30 a.m., and Reserve of the Army to the grade of Brigadier Gen- adjourned at 3:52 p.m., until 11 a.m., on Monday, eral. February 9, 1998. (For Senate’s program, see the re- Also, committee resumed hearings on proposed marks of the Majority Leader in today’s Record on legislation authorizing funds for fiscal year 1999 for page S461.) the Department of Defense and the future years de- fense program, receiving testimony from John H. Committee Meetings Dalton, Secretary of the Navy; Adm. Jay L. Johnson, USN, Chief of Naval Operations; and Gen. Charles (Committees not listed did not meet) C. Krulak, USMC, Commandant of the Marine TELEMARKETING FRAUD Corps. Hearings continue on Tuesday, February 10. Committee on Appropriations: Subcommittee on Com- merce, Justice, State, and the Judiciary concluded IRS REFORM hearings to examine the scope of telecommunications fraud and abuse and its victimization of the elderly, Committee on Finance: Committee resumed hearings after receiving testimony from Robert Pitofsky, on proposals and recommendations to restructure and Chairman, Federal Trade Commission; Walter L. reform the Internal Revenue Service, including relat- Maroney, New Hampshire Attorney General’s Office ed measures S.1096 and H.R. 2676, focusing on in- of Consumer Protection, Concord; Harold Phillips, creasing Congressional and Executive Branch over- Charleston County Sheriff’s Department, Charleston, sight of the IRS, receiving testimony from Richard South Carolina; and Helen Boosalis, Lincoln, Ne- B. Calahan, Deputy Inspector General, Department braska, on behalf of the American Association of Re- of the Treasury; Lynda D. Willis, Director, Tax Pol- tired Persons. icy and Administration Issues, General Government Division, General Accounting Office; Bruce A. NOMINATIONS/AUTHORIZATION—DOD Strauss, Jacksonville, Florida, former Division Chief, Committee on Armed Services: Committee ordered favor- Collection Division, Internal Revenue Service, De- ably reported the nominations of Gen. Joseph W. partment of the Treasury; Nina E. Olson, Commu- Ralston, USAF, for appointment as the Vice Chair- nity Tax Law Project, Richmond, Virginia; Michael man of the Joint Chiefs of Staff and for appointment I. Saltzman, White & Case, New York, New York; to the grade of General, Maj. Gen. Thomas R. Case, and Robert S. Schriebman, Rolling Hills Estates, USAF, for appointment in the United States Air California. Force to the grade of Lieutenant General, Col. Mi- Hearings continue on Wednesday, February 11. h House of Representatives Guest Chaplain: The prayer was offered by the Chamber Action guest Chaplain, the Reverend Douglas Tanner of Bills introduced: 12 public bills, H.R. 3163–3174; Washington, D.C. Page H337 and 4 resolutions, H. Con. Res. 209–210, and H. National Education Testing: The House passed Res. 351, 353, were introduced. Page H385 H.R. 2846, to prohibit spending Federal education Reports Filed: A reports was filed today as follows: funds on national testing without explicit and spe- H. Res. 352, providing for consideration of mo- cific legislation by a yea and nay vote of 242 yeas tions to suspend the rules (H. Rept. 105–415). to 174 nays, Roll No. 9. Pages H345±55 Page H385 Agreed to the Committee amendment in the na- Speaker Pro Tempore: Read a letter from the ture of a substitute made in order by the rule. Speaker wherein he designated Representative Emer- Page H354 son to act as Speaker pro tempore for today. The Clerk was authorized to make technical cor- Page H337 rections and conforming changes to the bill. Page H355 February 5, 1998 CONGRESSIONAL RECORD — DAILY DIGEST D65 Agreed to H. Res. 348, the rule that provided for States—referred to the Committee on Resources and consideration of the bill by a voice vote. Earlier, ordered printed (H. Doc. 105–211). Page H377 agreed to order the previous question by a yea and Quorum Calls—Votes: One quorum call (Roll No. nay vote of 220 yeas to 185 nays, Roll No. 8. 11) and three yea and nay votes developed during Pages H339±45 the proceedings of the House today and appear on Ronald Reagan Washington National Airport: pages H345, H345–55, H362, and H364. The House passed S. 1575, to rename the Washing- Adjournment: Met at 10:00 a.m. and pursuant to ton National Airport located in the District of Co- H. Con. Res. 201 adjourned at 5:05 p.m. until 3:00 lumbia and Virginia as the ‘‘Ronald Reagan Wash- p.m. on Wednesday, February 11. ington National Airport’’—clearing the measure for the President. Subsequently, H.R. 2625, a similar House-passed bill was laid on the table. Committee Meetings Pages H357±58 FOOD STAMP ACT—ANTI-FRAUD Earlier, agreed to H. Res. 349, the rule that pro- PROVISIONS ENFORCEMENT vided for consideration of the bill. Pages H355±57 Committee on Agriculture: Subcommittee on Depart- Military Construction Appropriations Act Line ment Operations, Nutrition, and Foreign Agriculture Item Veto: By a yea and nay vote of 347 yeas to held a hearing on the enforcement of anti-fraud pro- 69 nays, Roll No. 10, the House voted to override visions of the Food Stamp Act. Testimony was heard the President’s veto of H.R. 2631, disapproving the from the following officials of the USDA: Roger C. cancellations transmitted by the President on Octo- Viadero, Inspector General; and Yvette S. Jackson, ber 6, 1997, regarding Public Law 105–45 (two- Administrator, Food and Nutrition Service; James H. thirds of those present voting in favor)—clearing the DeAtley, U.S. Attorney, Southern District of Texas; measure for Senate action. Pages H358±62 and Christo M. Tolia, Director, Division of Public Member Sworn: Representative-elect Gregory W. Assistance Fraud, Office of the Auditor General, Meeks presented himself in the well of the House State of Florida. and was administered the oath of office by the INTERIOR APPROPRIATIONS Speaker. Page H364 Committee on Appropriations: Subcommittee on Interior Committee Election: The House agreed to H. Res. held an oversight hearing on the Smithsonian, Na- 351, electing Representatives Sandlin and Meeks of tional Gallery of Art, Kennedy Center and the Holo- New York to the Committee on Banking and Finan- caust Museum. Testimony was heard from I. Michael cial Services. Page H366 Heyman, Secretary, Smithsonian Institution; Law- Legislative Program: The Chief Deputy Majority rence J. Wilker, President, John F. Kennedy Center Whip announced the Legislative Program for the for the Performing Arts; Earl A. Powell III, Direc- week of February 9. Page H366 tor, National Gallery of Art; and Walter Reich, Mu- Calendar Wednesday: Agreed to dispense with Cal- seum Director, U.S. Holocaust Memorial Museum. endar Wednesday business of February, 11. OVERSIGHT—LABOR DEPARTMENT; Page H366 LABOR-HHS-EDUCATION Presidential Messages: Read the following mes- APPROPRIATIONS sages from the President: Committee on Appropriations: Subcommittee on Labor- Commodity Credit Corporation: Message wherein Health and Human Services, and Education held an he transmitted the fiscal year 1995 report of the oversight hearing on the Department of Labor. Testi- Commodity Credit Corporation—referred to the mony was heard from Carlotta C. Joyner, Director, Committee on Agriculture; Page H377 Education and Employment Issues, Health, Edu- cation, and Human Services Division, GAO. National Endowment for the Humanities: Mes- The Subcommittee also continued appropriation sage wherein he transmitted the 1996 annual report hearings. Testimony was heard from public wit- of the National Endowment for the Humanities—re- nesses. ferred to the Committee on Education and the Workforce; and Page H377 LEGISLATIVE APPROPRIATIONS United States and Poland Fisheries Agreement: Committee on Appropriations: Subcommittee on Legisla- Message wherein he transmitted the agreement be- tive held a hearing on the CBO, and the GPO. Tes- tween the United States and the Republic of Poland timony was heard from the following officials of the concerning fisheries off the coasts of the United CBO: June E. O’Neill, Director; James L. Blum, D66 CONGRESSIONAL RECORD — DAILY DIGEST February 5, 1998 Deputy Director; and David M. Delquadro, Person- CAMPAIGN REFORM nel Officer; and the following officials of the GPO: Committee on House Oversight: Held a hearing on Cam- Michael F. DiMario, Public Printer; Francis J. Buck- paign Reform. Testimony was heard from Represent- ley, Jr., Superintendent of Documents and William atives White, Horn, Maloney of New York, Franks M. Guy, Budget Officer. of New Jersey, Bereuter, Ford and Mink of Hawaii. EXAMINATION PARITY AND YEAR 2000 ALGERIA’S TURMOIL READINESS FOR FINANCIAL Committee on International Relations: Subcommittee on INSTITUTIONS ACT Africa held a hearing on Algeria’s Turmoil. Testi- Committee on Banking and Financial Services: Ordered mony was heard from Ronald Neumann, Deputy As- reported amended H.R. 3116, Examination Parity sistant, Near Eastern Affairs, Department of State; and Year 2000 Readiness for Financial Institutions Ramtane Lamamra, Ambassador, Embassy of Algeria; Act and public witnesses. Prior to this action, the Committee held a hearing OVERSIGHT—CIVIL LIABILITY PORTION on this legislation. Testimony was heard from Nor- OF TOBACCO SETTLEMENT man D’Amours, Chairman, National Credit Union Administration; Ellen Seidman, Director, Office of Committee on the Judiciary: Held an oversight hearing Thrift Supervision, Department of the Treasury; and on the Civil Liability Portions of the Proposed To- public witnesses. bacco Settlement. Testimony was heard from David Ogden, Counselor to the Attorney General, Depart- CBO FORECASTS ment of Justice; Gale Norton, Attorney General, State of Colorado, and public witnesses. Committee on the Budget: Held a hearing on the Con- gressional Budget Office Forecasts. Testimony was NATIONAL DEFENSE AUTHORIZATION heard from June E. O’Neill, Director, CBO. Committee on National Security: Held a hearing on the fiscal year 1999 National Defense Authorization OVERSIGHT—ENERGY DEPARTMENT budget request. Testimony was heard from the fol- BUDGET lowing officials of the Department of Defense: Wil- Committee on Commerce: Subcommittee on Energy and liam S. Cohen, Secretary; and Gen. Henry H. Power held an oversight hearing on Department of Shelton, USA., Chairman, Joint Chiefs of Staff. Energy’s Proposed Budget for Fiscal Year 1999. Tes- RHINO AND TIGER PRODUCT LABELING timony was heard from the following officials of the ACT; RHINOCEROS AND TIGER Department of Energy; Elizabeth A. Moler, Deputy CONSERVATION ACT REAUTHORIZATION Secretary; and Ernest Moniz, Under Secretary. Committee on Resources: Subcommittee on Fisheries HIV—PREVENTING TRANSMISSION Conservation, Wildlife & Oceans held a hearing on the following bills: H.R. 2807, Rhino and Tiger Committee on Commerce: Subcommittee on Health and Product Labeling Act; and H.R. 3113, to reauthorize Environment held a hearing on Preventing the the Rhinoceros and Tiger Conservation Act. Testi- Transmission of the Human Immunodeficiency Virus mony was heard from Bruce Babbit, Secretary of the (HIV). Testimony was heard from Nettie Mayersohn, Interior; and public witnesses. Assemblywoman, State of New York; Beth Meyerson, AIDS Director, Bureau of STD/HIV Pre- MISCELLANEOUS MEASURES vention, Department of Health, State of Missouri; Committee on Resources: Subcommittee on National Lydia R. Tomoshok, Scientific Consultant, World Parks and Public Lands held a hearing on the fol- Health Organization; and public witnesses. lowing bills: H.R. 2098, the National Cave and Karst Research Institute Act of 1997 and H.R. MISCELLANEOUS MEASURES 2989, to direct the Secretary of the Interior to con- Committee on Education and the Workforce: Subcommit- vey to the St. Jude’s Ranch for Children, Nevada, tee on Employer-Employee Relations, hearing on approximately 40 acres of land in Las Vegas, Ne- proposals to provide fairness to small business and vada, to be used for the development of facilities for employees, including the following bills; H.R. 2449, the residential care and treatment of adjudicated Fair Access to Indemnity and Reimbursement Act; girls. Testimony was heard from Senator Bingaman; H.R. 1598, Justice on Time Act of 1997; H.R. Representatives Skeen; the following officials of the 1595, Fair Hearing Act, and H.R. 758, Truth in Department of the Interior: Carson Culp, Assistant Employment Act of 1997. Testimony was heard Director, Minerals, Realty and Resource Protection, from public witnesses. Bureau of Land Management; and Michael A. February 5, 1998 CONGRESSIONAL RECORD — DAILY DIGEST D67 Soukup, Associate Director, Natural Resources Stew- CONGRESSIONAL PROGRAM AHEAD ardship and Science, National Parks Service; and public witnesses. Week of February 9 through 14, 1998 Senate Chamber SUSPENSIONS On Monday, Senate will resume consideration of Committee on Rules: Granted, by a vote of 8 to 0, a the nomination of David Satcher, to be Surgeon resolution providing that suspensions will be in General of the Public Health Service. order on Wednesday, February 11, 1998, or on On Tuesday, Senate will vote on a motion to close Thursday, February 12, 1998. The rule provides that further debate on the nomination of David Satcher, the Speaker or his designee shall consult with the following which Senate expects to vote on the con- Minority Leader or his designee on any suspension firmation of Mr. Satcher. Senate will also vote on a considered under this resolution. motion to close further debate on the motion to pro- ceed to consideration of S. 1601, proposed Human NASA POSTURE Cloning Prohibition Act. Committee on Science: Subcommittee on Space and Aer- During the balance of the week, Senate may con- onautics held a hearing on NASA Posture. Testi- sider any executive or legislative business cleared for mony was heard from Daniel S. Goldin, Adminis- action. trator, NASA. (Senate will recess on Tuesday, February 10, 1998, for 12:30 p.m. until 2:15 p.m. for respective party con- PERSIAN GULF WAR VETERANS’ ILLNESSES ferences.) Committee on Veterans’ Affairs: Held a hearing on the Senate Committees research, investigations and programs involving Per- sian Gulf War veterans’ illnesses. Testimony was (Committee meetings are open unless otherwise indicated) heard from Arthur Caplan, member, Presidential Ad- Committee on Appropriations: February 10, Subcommittee visory Committee on Gulf War Veterans’ Illnesses; on Agriculture, Rural Development, and Related Agen- the following officials of the Department of Veter- cies, to hold hearings on proposed budget estimates for ans’ Affairs: Kenneth W. Kizer, Under Secretary, fiscal year 1999 for the Department of Agriculture, 10 a.m., SD–138. Health, and Joseph Thompson, Under Secretary, February 11, Subcommittee on Defense, to hold hear- Benefits; Bernard Rostker, Special Assistant to the ings on proposed budget estimates for fiscal year 1999 for Deputy Secretary, Gulf War Illnesses, Department of the Department of Defense, 10 a.m., SD–192. Defense; the following officials of the GAO; Donna Committee on Armed Services: February 10 and 12, to re- Heivilin, Director, Planning and Reporting, Na- sume hearings on proposed legislation authorizing funds tional Security and International Affairs Division, for fiscal year 1999 for the Department of Defense and and Stephen Backhus, Director, Veterans’ Affairs and the future years defense program, 10 a.m., SR–222. Military Health Care Issues, Health, Education, and Committee on Banking, Housing, and Urban Affairs: Feb- Human Services Division; and public witnesses. ruary 10, Subcommittee on Financial Services and Tech- nology, to hold hearings to examine the Federal Deposit IRAQ BRIEFING Insurance Corporation preparedness for the Year 2000, 10 a.m., SD–538. Permanent Select Committee on Intelligence: Met in execu- February 11, Subcommittee on Financial Institutions tive session to hold a briefing on Iraq. The Commit- and Regulatory Relief, to hold hearings to examine bank- tee was briefed by departmental witnesses. ruptcy reform issues, 10 a.m., SD–538. f Committee on the Budget: February 10, to hold hearings to review recent revenue growth in the United States, 10 COMMITTEE MEETINGS FOR FRIDAY, a.m., SD–608. FEBRUARY 6, 1998 February 11, Full Committee, to hold hearings to ex- Senate amine the fiscal relationship between the Federal govern- ment and State and local governments, 10 a.m., SD–608. No meetings are scheduled. February 11, Full Committee, to resume hearings on House proposals to reform the national education system, 2 p.m., SD–608. No meetings are scheduled. Committee on Commerce, Science, and Transportation: Feb- ruary 10, to hold hearings to examine incidences of inde- Joint Meetings cency on the internet, 9:30 a.m., SR–253. Joint Economic Committee, to hold hearings to examine February 10, Subcommittee on Science, Technology, the employment-unemployment situation for January, and Space, to hold hearings to examine current computer 9:30 a.m., 1334 Longworth Building. security vulnerbilities within civilian Federal agencies and D68 CONGRESSIONAL RECORD — DAILY DIGEST February 5, 1998 current activities to prevent unauthorized computer ac- February 12, Subcommittee on Oversight of Govern- cess, 2:30 p.m., SR–253. ment Management, Restructuring and the District of Co- February 12, Full Committee, to hold hearings on the lumbia, to hold hearings to examine adoption and foster nomination of Winter D. Horton Jr., of Utah, to be a care reform measures in the District of Columbia, 9 a.m., Member of the Board of Directors of the Corporation for SD–342. Public Broadcasting, 9:30 a.m., SR–253. Committee on the Judiciary: February 10, to resume hear- February 12, Full Committee, to hold hearings on S. ings to examine certain issues with regard to the pro- 1422, to promote competition in the market for delivery posed Global Tobacco Settlement which will mandate a of multichannel video programming, 10 a.m., SR–253. total reformation and restructuring of how tobacco prod- February 12, Subcommittee on Aviation, to hold hear- ucts are manufactured, marketed and distributed in ings on the implementation of the Airport Improvement America, 10 a.m., SD–226. Program, 2 p.m., SR–253. February 12, Full Committee, business meeting, to Committee on Energy and Natural Resources: February 11, consider pending calendar business, 10 a.m., SD–226. business meeting, to consider pending calendar business, Committee on Labor and Human Resources: February 10, to 9:30 a.m., SD–366. resume hearings to examine the scope and depth of the February 11, Full Committee, to hold hearings on S. proposed settlement between State Attorneys General and 1069, to designate the American Discovery Trail as a na- tobacco companies to mandate a total reformation and re- tional discovery trail, a newly established national trail structuring of how tobacco products are manufactured, category, and S. 1403, to establish an historic lighthouse marketed, and distributed in America, 10 a.m., SD–430. preservation program, within the National Park Service, February 11, Subcommittee on Public Health and Safe- 10 a.m., SD–366. ty, to hold hearings to examine the role of the Agency February 12, Subcommittee on National Parks, His- for Health Care Policy and Research (Department of toric Preservation, and Recreation, to hold hearings on S. Health and Human Services) in health quality improve- 62, to prohibit further extension or establishment of any ment, 9:30 a.m., SD–430. national monument in Idaho without full public partici- February 12, Full Committee, to hold hearings on pro- pation, S. 477, to require an Act of Congress and the posed legislation authorizing funds for the Education of consultation with State legislature prior to the establish- the Deaf Act of 1986, 10 a.m., SD–430. Committee on Small Business: February 12, to hold hear- ment by the President of national monuments, S. 691, to ings on proposals to reform the Internal Revenue Service, ensure that the public and the Congress have the right 9:30 a.m., SR–428A. and opportunity to participate in decisions that affect the Committee on Indian Affairs: February 12, to hold hear- use and management of all public lands, H.R. 901, to ings on the Indian provisions contained in S. 1414, S. preserve the sovereignty of the U.S. over public lands, 1415, and S. 1530, bills to reform and restructure the and H.R. 1127, to amend the Antiquities Act regarding processes by which tobacco products are manufactured, the establishment by the President of certain national marketed, and distributed, to prevent the use of tobacco monuments, 2 p.m., SD–366. products by minors and to redress the adverse health ef- Committee on Environment and Public Works: February 10, fects of tobacco use, 9:30 a.m., SR–485. business meeting, to consider the nominations of Donald Select Committee on Intelligence: February 11, to resume J. Barry, of Wisconsin, to be Assistant Secretary of the hearings on the constitutionality of Section 306 of S. 858 Interior for Fish and Wildlife, and Sallyanne Harper, of (Public Law 105–107) relating to the encouragement of Virginia, to be Chief Financial Officer, Environmental disclosure of certain information to Congress, 10 a.m., Protection Agency, 10 a.m., SD–406. SH–216. Committee on Finance: February 11, to resume hearings February 11, Full Committee, closed business meeting, on proposals and recommendations to restructure and re- to mark up proposed legislation relating to the disclosure form the Internal Revenue Service, including a related of classified information to Congress, 2:30 p.m., SH–219. measure, H.R. 2676, focusing on proposals to protect Special Committee on Aging: February 10, to hold hear- spouses who file joint tax returns and are held responsible ings on the goals that must be achieved by a reformed for the other spouse’s errors, 10 a.m., SD–215. social security system, 10 a.m., SD–628. Committee on Foreign Relations: February 10, to hold hearings on the President’s budget request for fiscal year House Chamber 1999, and foreign policy issues for fiscal year 1998, 10 Monday, the House is not in session. a.m., SD–419. Tuesday, the House is not in session. February 11, Full Committee, to hold hearings to ex- amine implications of the Kyoto protocol on climate Wednesday and Thursday, Consideration of H. Res. change, 10 a.m., SD–419. 352, Providing for Consideration of Motions to Sus- February 12, Full Committee, to hold hearings to ex- pend the Rules; amine the International Monetary Fund’s role in the Consideration of H. Res. , Regarding the Con- Asian financial crisis, 2 p.m., SD–419. tested Election in the 46th Congressional District of Committee on Governmental Affairs: February 10, Perma- California; and nent Subcommittee on Investigations, to hold oversight Consideration of 3 Suspensions: hearings on fraud on the internet, 9:30 a.m., SD–342. (1) H.R. 1428, Voter Eligibility Verification Act February 5, 1998 CONGRESSIONAL RECORD — DAILY DIGEST D69 (2) H. Con. Res. 202, Daycare Fairness for Stay- February 11, Subcommittee on Government Manage- at-Home Parents ment, Information, and Technology, hearing on H.R. (3) S. 927, National Sea Grant College Program 2982, Quality Child Care for Federal Employees Act, 2 Reauthorization Act of 1997. p.m., 2247 Rayburn. February 12, full Committee, to continue hearings on Friday, the House is not in session. Patient Access to Alternative Treatments: Beyond the FDA, 1 p.m., 2154 Rayburn. House Committees February 12, Subcommittee on Government Manage- Committee on Appropriations, February 11, Subcommittee ment, Information, and Technology, hearing on H.R. on Foreign Operations, Export Financing and Related 2883, Government Performance and Results Act Tech- Programs, on the Secretary of the Treasury, 9:30 a.m., nical Amendments of 1997, 10 a.m., 2154 Rayburn. 2359 Rayburn. February 12, Subcommittee on Human Resources, February 11, Subcommittee on Transportation, on the oversight hearing on Pension Security: DOL Erisa En- National Transportation Board, 2 p.m., 2358 Rayburn. forcement and the Limited Scope Audit Exemption, 10 February 12, Subcommittee on Agriculture, Rural De- a.m., 2247 Rayburn. velopment, Food and Drug Administration, and Related Committee on International Relations, February 12, hearing Agencies, on the Secretary of Agriculture, 10:30 a.m., on the Administration’s Fiscal Year 1999 International 2362A Rayburn. Affairs Budget request, 10 a.m., 2172 Rayburn. February 12, Subcommittee on Labor, Health and Committee on the Judiciary, February 12, Subcommittee Human Services, and Education, on the Secretary of on Commercial and Administrative Law, hearing on the Labor, 10 a.m., 2358 Rayburn. following bills: H.R. 2604, Religious Liberty and Chari- February 12, Subcommittee on Legislative, on the Joint table Donation Protection Act of 1997; and H.R. 2611, Committee on Printing and Congressional and public Religious Fairness in Bankruptcy Act of 1997, 10 a.m., witnesses, 9 a.m., H–144 Capitol. 2237 Rayburn. February 12, Subcommittee on Military Construction, February 12, Subcommittee on Courts and Intellectual on Overview, 9:30 a.m., B–300 Rayburn. Property, hearing on the following bills: H.R. 2652, Col- February 12, Subcommittee on National Security, on lections of Information Antipiracy Act; and H.R. 3163, Medical Programs, 10 a.m., 2359 Rayburn. Trade Dress Protection Act; and to hold an oversight February 12, Subcommittee on Transportation, on the hearing regarding Internet domain name trademark pro- Office of Inspector General, 10 a.m., and the GAO, 2 tection, 10 a.m., 2226 Rayburn. p.m., 2358 Rayburn. Committee on National Security, February 12, hearing on February 12, Subcommittee on VA, HUD and Inde- Threats to United States National Security, 9:30 a.m., pendent Agencies, on Chemical Safety and Hazard Inves- 2118 Rayburn. tigation Board, 9 a.m., on DOD-Civil, Cemeterial Ex- Committee on Resources, February 12, Subcommittee on penses, Army, 10 a.m., and the Council on Environ- Fisheries Conservation, Wildlife and Oceans, to mark up mental Quality, 11 a.m., H–143 Capitol. business pending, 2 p.m., 1324 Longworth. Committee on Banking and Financial Services, February 12, February 12, Subcommittee on Forests and Forest to consider pending Committee business; and to hold a Health, oversight hearing on Tucson Rod and Gun Club, hearing on the restitution of art objects seized by the Arizona, 10 a.m., 1324 Longworth Nazi from Holocaust victims and on insurance claims of Committee on Science, February 12, to continue hearings certain Holocaust victims and their heirs, 9:30 a.m., and on the Road from Kyoto Part 2: Kyoto and the Adminis- 1:30 p.m., 2128 Rayburn. tration’s Fiscal Year 1999 Budget request, 10 a.m., 2318 Committee on Commerce, February 12, Subcommittee on Rayburn. Health and Environment, hearing on Cloning: Legal, February 12, Subcommittee on Space and Aeronautics, Medical, Ethical, and Social Issues, 11 a.m., 2123 Ray- hearing on Aeronautics and Space Transportation Tech- burn. nology, 1 p.m., 2318 Rayburn. February 12, Subcommittee on Oversight and Inves- Committee on Small Business, February 12, hearing to ex- tigations, hearing on the Department of Energy’s Fund- amine Federal Agency compliance with section 610 of the ing of Molten Metal Technology, 10 a.m., 2322 Rayburn. Regulatory Flexibility Act, 10 a.m., 2360 Rayburn. Committee on Education and the Workforce, February 12, Committee on Veterans’ Affairs, February 12, hearing on to consider Contract Agreements with those providing the Department of Veterans Affairs budget request for FY services to the Committee in relation to the oversight in- 1999, 9:30 a.m., 334 Cannon. vestigation of the International Brotherhood of Teamsters Committee on Ways and Means, February 12, to continue election, 11 a.m., 2175 Rayburn. hearings on ways to reduce the Federal tax burden on the Committee on Government Reform and Oversight, February American public, 10 a.m., 1100 Longworth. 11, Subcommittee on the District of Columbia, hearing February 12, Subcommittee on Trade, hearing on U.S. on the Fiscal Year 1997 District of Columbia Audit Re- efforts to reduce barriers to trade in agriculture, 2 p.m., port and CFO Oversight, 9:30 a.m., 2154 Rayburn. B–318 Rayburn. D70 CONGRESSIONAL RECORD — DAILY DIGEST

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 11 a.m., Monday, February 9 3 p.m., Wednesday, February 11

Senate Chamber House Chamber Program for Monday: After the recognition of three Program for Wednesday: Consideration of H. Res. 352, Senators for speeches and the transaction of any morning Providing for Consideration of Motions to Suspend the business (not to extend beyond 12 noon), Senate will re- Rules; sume consideration of the nomination of David Satcher, Consideration of H. Res. , Regarding the Contested of Tennessee, to be Surgeon General. Election in the 46th Congressional District of California; and Possible Consideration of 3 Suspensions: (1) H.R. 1428, Voter Eligibility Verification Act. (2) H. Con. Res. 202, Daycare Fairness for Stay-at- Home Parents. (3) S. 927, National Sea Grant College Program Reau- thorization Act of 1997.

Extensions of Remarks, as inserted in this issue

HOUSE Hastings, Alcee L., Fla., E106, E108 Pitts, Joseph R., Pa., E110 Hinchey, Maurice D., N.Y., E117 Portman, Rob, Ohio, E116 Andrews, Robert E., N.J., E109, E113 Hutchinson, Asa, Ark., E105 Poshard, Glenn, Ill., E114 Baker, Richard H., La., E120 Hyde, Henry J., Ill., E116 Radanovich, George P., Calif., E107, E110 Bishop, Sanford D., Jr., Ga., E118 Johnson, Eddie Bernice, Tex., E119 Romero-Barcelo´ , Carlos A., Puerto Rico, E119 Burton, Dan, Ind., E117 Kilpatrick, Carolyn C., Mich., E114 Roybal-Allard, Lucille, Calif., E118 Callahan, Sonny, Ala., E116 Kind, Ron, Wisc., E118 Salmon, Matt, Ariz., E114 Coble, Howard, N.C., E117 Lucas, Frank D., Okla., E119 Solomon, Gerald B.H., N.Y., E105, E107 Davis, Jim, Fla., E109 McIntosh, David M., Ind., E109, E112 Souder, Mark E., Ind., E120 Dellums, Ronald V., Calif., E106, E111 Millender-McDonald, Juanita, Calif., E106 Stabenow, Debbie, Mich., E109 Diaz-Balart, Lincoln, Fla., E119 Morella, Constance A., Md., E117 Stark, Fortney Pete, Calif., E120 Dixon, Julian C., Calif., E106, E108 Payne, Donald M., N.J., E110 Visclosky, Peter J., Ind., E105, E106 Forbes, Michael P., N.Y., E113 Pickering, Charles W. ‘‘Chip’’, Miss., E120 Waters, Maxine, Calif., E106 Hamilton, Lee H., Ind., E115 Pickett, Owen B., Va., E116 Weller, Jerry, Ill., E114

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