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, FRIDAY, SEPTEMBER 11, 1998 No. 120 House of Representatives The House met at 9 a.m. S. 2071. An Act to extend a quarterly finan- be deemed to have been received in executive The Chaplain, Reverend James David cial report program administered by the Sec- session unless it is received in an open ses- Ford, D.D., offered the following pray- retary of Commerce. sion of the committee. f SEC. 4. Notwithstanding clause 2(e) of rule er: XI, access to executive-session material of With all the striving and energy that ANNOUNCEMENT BY THE SPEAKER the committee relating to the review shall we use to make our mark, we pray, Al- The SPEAKER. One minutes will be be restricted to members of the committee, mighty God, that we would also slow and to such employees of the committee as at the end of legislative business today. our pace and listen to Your still small may be designated by the chairman after voice that speaks to us in our hearts f consultation with the ranking minority and in our minds. Just as we learn to PROVIDING FOR DELIBERATIVE member. SEC. 5. Notwithstanding clause 2(g) of rule speak, so may we learn to listen; just REVIEW BY COMMITTEE ON THE XI, each meeting, hearing, or deposition of as we declare our ideas, so may we re- JUDICIARY OF COMMUNICATION the committee relating to the review shall flect on what others teach us; just as FROM INDEPENDENT COUNSEL be conducted in executive session unless oth- we hear the voices around us, so may Mr. SOLOMON. Mr. Speaker, by di- erwise determined by an affirmative vote of Your gracious word speak to us in the the committee, a majority being present. rection of the Committee on Rules, I Such an executive session may be attended depths of our souls, redeeming, forgiv- call up House Resolution 525, and ask ing, uniting us in faith and hope and only by members of the committee, and by for its immediate consideration. such employees of the committee as may be love. May Your blessings, O God, be- The Clerk read the resolution, as fol- designated by the chairman after consulta- come new to us each morning and be lows: tion with the ranking minority member. with us all the day long. This is our H. RES. 525 The SPEAKER. Pursuant to the earnest prayer. Amen. Resolved, That the Committee on the Judi- order of the House of Thursday, Sep- f ciary shall review the communication re- tember 10, 1998, the gentleman from THE JOURNAL ceived on September 9, 1998, from an inde- New York (Mr. SOLOMON) is recognized pendent counsel pursuant to section 595(c) of for 2 hours. The SPEAKER. The Chair has exam- title 28, United States Code, transmitting a Mr. SOLOMON. Mr. Speaker, for pur- ined the Journal of the last day’s pro- determination that substantial and credible poses of debate only, and pursuant to ceedings and announces to the House information received by the independent the order of the House of September 10, his approval thereof. counsel in carrying out his responsibilities 1998, I yield 60 minutes to the gen- Pursuant to clause 1, rule I, the Jour- under chapter 40 of title 28, United States Code, may constitute grounds for an im- tleman from Massachusetts (Mr. MOAK- nal stands approved. peachment of the President of the United LEY), pending which I yield myself such f States, and related matters, to determine time as I may consume. Mr. Speaker, whether sufficient grounds exist to rec- during consideration of this resolution, PLEDGE OF ALLEGIANCE ommend to the House that an impeachment all time yielded is for the purposes of The SPEAKER. Will the gentleman inquiry be commenced. Until otherwise or- debate only. from Nevada (Mr. GIBBONS) come for- dered by the House, the review by the com- Mr. Speaker, as we start off, I want ward and lead the House in the Pledge mittee shall be governed by this resolution. to commend the Speaker for his state- of Allegiance. SEC. 2. The material transmitted to the ment yesterday from the chair asking House by the independent counsel shall be that the House conduct itself in the Mr. GIBBONS led the Pledge of Alle- considered as referred to the committee. The giance as follows: portion of such material consisting of ap- highest decorum possible. It was elo- I pledge allegiance to the Flag of the proximately 445 pages comprising an intro- quent on your part and was concurred United States of America, and to the Repub- duction, a narrative, and a statement of in by the Minority Leader Mr. GEP- lic for which it stands, one nation under God, grounds, shall be printed as a document of HARDT. We would remind Members of indivisible, with liberty and justice for all. the House. The balance of such material that. We have a copy of that at the f shall be deemed to have been received in ex- desk should Members want to refresh ecutive session, but shall be released from their memory. MESSAGE FROM THE SENATE the status on September 28, 1998, except as Mr. Speaker, House Resolution 525 A message from the Senate by Mr. otherwise determined by the committee. Ma- provides for a deliberative review of terial so released shall immediately be sub- Lundregan, one of its clerks, an- mitted for printing as a document of the the House Judiciary Committee of the nounced that the Senate had passed a House. communication from the independent bill of the following title, in which the SEC. 3. Additional material compiled by counsel and also provides for the appro- concurrence of the House is requested: the committee during the review also shall priate release of that communication.

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.

H7587

. H7588 CONGRESSIONAL RECORD — HOUSE September 11, 1998 Mr. Speaker, I think I speak for tained in the appendices which may crats who raised a parliamentary in- many Members this morning in saying contain telephone records, videotapes, quiry on Wednesday when the commu- that this is a day which we hoped in testimony and other sensitive mate- nication was read to the House de- our careers in public service would rial, including the 17 boxes of other manding full and complete access. never come. I came here with you 20 supporting information. There was the senior member of this years ago and I certainly, and I know The method of the dissemination and body, the Dean of this entire body, the you did, hoped such a day would never potential restrictions on access to this gentleman from Michigan (Mr. JOHN come. information is set forth in this resolu- DINGELL) who insisted on that. Other There certainly is no joy in bringing tion. The resolution provides that the Members on our side of the aisle in- forward this kind of a resolution. Only Committee on the Judiciary with the sisted on that. Still another Demo- a sense of the gravity of our task ahead ability to review the communications cratic member proposed a resolution and our mindful and constitutional re- to determine whether grounds exist to last night in the Committee on Rules sponsibilities make us do this. recommend to the House that an im- requiring full disclosure of the entire Mr. Speaker, as the Members and the peachment inquiry be commenced. The communication immediately. He at public are well aware by now, the inde- resolution provides for an immediate that time wanted us to substitute and pendent counsel delivered a commu- release of approximately 445 pages, make that amendment in order, which nication to the House of Representa- again comprised of an introduction, a we did not do. tives on Wednesday, September 9, and narrative, and a statement of so-called This resolution is an adequate middle it was pursuant to the independent ‘‘grounds.’’ This will be printed as a ground. It recognizes the public’s right counsel law, which is the law of the House document and available to the to know, and hence, for Members and land. That law requires, in pertinent Internet and other Web sites today as their constituents to engage in a dia- part, that an independent counsel shall soon as technologically possible, which logue about all of this material. It also advise the House of Representatives, will be hopefully about 2 hours after acknowledges the Committee on the and this is quoting from the law, ‘‘of this resolution passes the House. Judiciary’s proper role of sifting any substantial or credible informa- The balance of the material will be through all the material, while placing tion’’ which the independent counsel deemed to have been received in execu- the burden in favor of more release receives himself or herself, ‘‘which may tive session of the Committee on the rather than less. It is anticipated that constitute grounds for an impeach- Judiciary, but will be released from the Committee on the Judiciary will ment,’’ and that is the law of the land. that status by no later than September require additional procedural or inves- Of course, the Constitution vests the 28, 1998, and will be released piecemeal tigative authorities to adequately re- sole power of impeachment with this as the Committee on the Judiciary de- view the communications in the future. House of Representatives in Article I of termines relevant. Material released It is anticipated, therefore, that section 3 of the Constitution and the will immediately be printed as a House these authorities be the subject of an- ‘‘sole power to try all impeachments in document and available to Members other resolution which will be con- the Senate.’’ and the public, obvious new informa- sulted with the Democrat minorities Mr. Speaker, this communication tion, between now and September 28th. on the two committees over the next 4 from the independent counsel, it em- The resolution further provides that or 5 days, and that that resolution will barks this institution on a grave and a additional material compiled by the be before the House sometime mid- profound process in uncharted waters. Committee on the Judiciary during the week, and then on the floor of the In that spirit, the majority and the mi- review period will be deemed to have House towards the end of the week, if nority leadership have consulted on nu- been received in executive session un- necessary. merous occasions about this commu- less, of course, it is received in an open If this communication from Inde- nication, and the chairman and rank- session of the Committee on the Judi- pendent Counsel Starr should form the ing members of the Committee on the ciary, although, Mr. Speaker, access to basis for future proceedings, it is im- Judiciary and the Committee on Rules that executive session material will be portant to note that Members will need have discussed proposals for the sen- restricted to Members of the Commit- to cast public, to cast recorded, and ex- sitive handling and access to this ma- tee on the Judiciary and such employ- tremely profound votes in the coming terial. ees of the committee as may be des- weeks and months. Therefore, we It has not been easy to come to an ignated. should ensure that every Member of agreement. The resolution before us is Finally, the resolution provides that this House have enough information the product of that bipartisan con- each meeting, hearing or deposition of about the contents of the communica- sultation, but more so, on a fair at- the Committee on the Judiciary will be tion to cast informed votes and be tempt to meet the concerns of all of in executive session unless otherwise equipped to explain those votes on this the Members of this House; and we determined by that committee. That is most mighty of constitutional obliga- know that on both sides of the aisle we up to their discretion. tions to their constituents. are divided on how to handle this issue, Mr. Speaker, I want to point out, b and that became very evident during 0915 again, just to clarify, this resolution the 4-hour hearing that we had last The executive session may be at- does not authorize or direct an im- night in the Committee on Rules. tended only by Committee on the Judi- peachment inquiry. Sometimes the When this communication arrived at ciary members and employees of the press gets this confused, and they are the Capitol, the Speaker immediately committee designated by the chair- stating that it does. It is not the begin- directed the material to be secured by man, and after consultation with the ning of an impeachment process in the the Sergeant at Arms, and no Members ranking minority member. The resolu- House of Representatives. It merely or staff have seen that document. Al- tion before us attempts to strike an ap- provides the appropriate parameters though there are press reports this propriate balance between House Mem- for the Committee on the Judiciary, morning asserting what might be in bers’ and the public’s interest in re- the historical proper place to examine the communication, the House does not viewing this material and the need to these matters, to review this commu- know what is contained in these docu- protect innocent people. nication and make a recommendation ments at this moment, and that is the Mr. Speaker, the testimony before to the House as to whether we should way that it should be. However, it is the Committee on Rules last night in- commence an impeachment inquiry. the understanding of the Committee on dicated that among Members, on the That is what this resolution before us Rules that the communication does question of access to the material and today does. contain the following: 445 pages of a release of it to the public, and this is Mr. Speaker, the constitutional proc- communication which is divided into important to note during this begin- ess which may be initiated by this re- three sections; an introduction, a nar- ning part of the debate, that there were view is not about punishment nor is it rative, and so-called ‘‘grounds’’; and it Members on the Democrat side who about personalities. It is an effort to is accompanied by another 2,600 pages raised concerns about releasing the 445- protect a constitutional office and to of supporting material that is con- page text today, and still other Demo- ensure it is not besmirched. The safety September 11, 1998 CONGRESSIONAL RECORD — HOUSE H7589 of constitutional government is too (Mr. CONYERS), on how this material the gentleman from Boston, Massachu- precious in this world. We are looked would be released. setts (Mr. JOHN JOSEPH MOAKLEY), my at all over this world as the exemplary According to this bipartisan leader- ranking member, is more aware of the democracy, and we must always keep it ship agreement, the supporting mate- rules than I am. Let me cite 2K(7) of that way, so the Framers of our Con- rials should be treated as if they had Rule XI. stitution designed an inherently cum- been received in executive session and It says, ‘‘No evidence or testimony bersome process which would require released only to the gentleman from Il- taken in the executive session may be cooperation among political parties, linois (Chairman HYDE) and the rank- released or used in public sessions and that is what we are here today to ing member, the gentleman from without the consent of the commit- do. It is in that spirit in which we bring Michigan (Mr. CONYERS), for their ini- tee,’’ by recorded vote. Mr. Speaker, forward this resolution today. tial review. The purpose of this restric- those are the rules of the House. Any Again, I would just urge Members to tion was to expedite review while at violation of that rule is subject to ethi- observe the proper decorum as we de- the same time limiting the possibility cal discipline. bate this very profound issue over the of harmful leaks. Mr. Speaker, I think Let me further just say that I have next 2 hours. that was absolutely the right thing to served on the steering committee of Mr. MOAKLEY. Mr. Speaker, I yield do. the Republican side of the aisle in ap- myself such time as I may consume. Another important part of the agree- pointing Members to committees for Mr. Speaker, today is a very, very ment was to limit the content of to- the last 17 years, as many of the Mem- solemn day for the House of Represent- day’s resolution to the subject of how bers there have, the minority leader, atives. Mr. Speaker, the Constitution the material should be released. No the gentleman from Massachusetts bestows several very important respon- mention of authorities to be granted to (Mr. JOE MOAKLEY) and others. sibilities on the House. All of them the Committee on the Judiciary would We choose people to serve on these have great consequence. We have the be contained in this resolution. committees because of their profes- power to raise taxes, we have the power That, Mr. Speaker, was the agree- sional backgrounds, because of their to declare war, we have the sole power ment, but last night my colleagues in demeanor and their knowledge of law. of impeachment. Today we find our- the Committee on Rules changed that Every single member of the 35 members selves considering a resolution to re- deal. They decided to release the sup- of the Committee on the Judiciary are lease portions of the Independent Coun- porting materials to all 35 Members of entitled to the same information as sel’s report. the Committee on the Judiciary, and any one member of that committee, Two days ago Independent Counsel to let the materials sit there not for 10 and we should keep that in mind. Kenneth Starr delivered to this Capitol days, as had been agreed upon, but for As to the dissemination of material, building a 445-page report, several 17 days. Mr. Speaker, I feel that this I want to read just briefly a section of thousands of pages of appendices, and information will leak out drip by drip, the resolution before us. It says that, 17 boxes of additional materials. No day by day, day after day. ‘‘Notwithstanding clause 2(e) of rule one has seen what is in the materials They also added the section directing XI, access to executive session mate- sent up by the Independent Counsel. It the Committee on the Judiciary to ex- rial of the committee relating to the is most likely to contain Mr. Starr’s amine matters beyond the scope of the review shall be restricted to Members opinions, transcripts from dozens of Independent Counsel’s report with new of the committee and to such employ- witnesses, tapes, telephone conversa- depositions and new hearings. ees of the committee as may be des- tions, and other very, very important Mr. Speaker, what is important here ignated by the chairman, after con- material. is not the details of how we release the sultation with the ranking member.’’ Mr. Speaker, once these boxes are Independent Counsel report. The issue That means, yes, under the rules of opened, innocent people could be hurt, is that we reached an agreement with this House, every member of every reputations could be destroyed, ongo- the Speaker, with the minority leader, committee is entitled to anything that ing criminal investigations could be with the chairman and the ranking is submitted to that committee. But in jeopardized. Members of the House member of the Committee on the Judi- writing the rule the way we did, no one should begin this process of releasing ciary. We relied upon that agreement. stops the committee and stops my good the information and acting on it as so- That agreement has been unilaterally friend, the gentleman from Illinois berly and as fairly as possible. altered. Mr. Speaker, I would say to (Mr. HYDE) or my good friend, the gen- There is general agreement that the my colleagues that if we cannot rely on tleman from Michigan (Mr. CONYERS) 445-page referral is to be made to the an agreement dealing with this kind of from appealing to the Members on public as soon as this resolution is matter, how can we rely on other im- their side of the aisle about letting the adopted. There is no problem there. portant matters that we are going to gentleman from Illinois (Mr. HYDE) and The dispute revolves around what to do face? the gentleman from Michigan (Mr. with the remainder of the supporting Mr. Speaker, I sincerely hope that in CONYERS) go through the material, sort materials. the future, when agreements are through it, and then call in the other Let me say again, Mr. Speaker, as to reached, we can rely on all sides to Members. I know our members are the 445-page referral, including an in- honor those agreements. going to be more than cooperative, and troduction, a narrative, and the state- Mr. Speaker, when each of us took of- I would assume that the members on ment of grounds, there is widespread fice, we put up our right hand and we the gentleman’s side are, too. agreement to make that public today. swore to uphold the Constitution. In So in effect, we are accomplishing ex- The concern is on who will review the Article 1, Section 2 of the Constitution actly what the Speaker had in mind appendices of the 17 boxes of materials states that the House of Representa- and the minority leader, and certainly to make sure that no innocent people tives shall have the sole power of im- this chairman of the Committee on are unfairly jeopardized. peachment. With that power, Mr. Rules, who sat through every single In his letter of transmittal, the Inde- Speaker, as we all know, comes a very, one of those meetings where we nego- pendent Counsel, Ken Starr, stated, very grave responsibility to the Amer- tiated what we were going to put in ‘‘Many of the supporting materials ican people, to the American President, this resolution. contain information of a personal na- and to the American electoral process. Mr. MOAKLEY. Mr. Speaker, will the ture that I respectfully urge the House So let us fulfill our responsibilities so- gentleman yield? to treat as confidential.’’ berly. Let us fulfill our responsibilities Mr. SOLOMON. I yield to the gen- Mr. Speaker, we were heartened, very fairly. tleman from Massachusetts. heartened, when the Speaker reached Mr. Speaker, I reserve the balance of Mr. MOAKLEY. Mr. Speaker, I thank an agreement with the minority leader, my time. the gentleman for yielding. I am not the gentleman from Missouri (Mr. GEP- Mr. SOLOMON. Mr. Speaker, I yield disputing the rules. All I am saying, an HARDT), the gentleman from Illinois myself such time as I may consume. agreement was made and an agreement (Chairman HYDE), and the ranking Mr. Speaker, let me cite from the was broken. It is not a proper way to member, the gentleman from Michigan rules of the House, and my good friend, start out this hearing. H7590 CONGRESSIONAL RECORD — HOUSE September 11, 1998 Mr. SOLOMON. I am not going to Mr. Speaker, 166 years ago when our who have sent us to this Congress, to cite members on the gentleman’s side country was in its robust childhood the serve the common good through the of the aisle who were in those meet- great historian Thomas Macauley rule of law. ings. Whenever we left those meetings, wrote, and I quote, ‘‘Laws exist in vain Ninty-four years ago in a message to we always had to go back and discuss for those who do not have the courage Congress, President Theodore Roo- with our colleagues, whether it be and means to defend them.’’ sevelt defined the principle that must Democrat or the Republican leader- We are here because circumstances guide our deliberations in the days and ship, and I do not like the word and our Constitution have thrust upon weeks and months ahead: ‘‘No man is ‘‘deals’’, but there were no agreements us an onerous duty, one that requires above the law and no man is below it, made on anything. us to summon the courage and the nor do we ask any man’s permission Mr. Speaker, I yield such time as he means to defend the rule of law. Do not when we require him to obey it.’’ That may consume to the gentleman from forget, please, when all the distractions principle really defines the solemnity Illinois (Mr. HENRY HYDE), the chair- and diversions and definitions have of this moment. man of the Committee on the Judici- been pronounced, at the end of it all, We are sometimes too cavalier in our ary. we are about one mighty task: to vindi- attitude toward the rule of law. It is To Ronald Reagan, my great hero, cate the rule of law. something that we take for granted. We are also met to defend the sacred and to George Bush, the former Presi- Yet we live in a century which, in bond contained in our oath of office, dent, I recommended this Member to blood and tears, in pain and sorrow, has the bond that links the Members of be appointed to the Supreme Court of vindicated the contention of the Congress, the officials of the executive the United States of America, and I am Founders of this Republic and the branch and our Federal judges to the very proud today that they did not Framers of its Constitution that the people of the United States, to those take my recommendation at that time, rule of law is the only alternative to who have given their lives for this because we need him desperately in the tyranny or to the anarchy that eventu- country and to the American people of position he is in today. ally leads to tyranny. the future. (Mr. HYDE asked and was given per- The long, hard march of humanity mission to revise and extend his re- In taking the solemn oath to defend the Constitution, we have pledged a toward the promised land of freedom marks.) has been marked by the constant Mr. HYDE. Mr. Speaker, I thank the trust that imposes a heavy responsibil- ity. We have pledged a trust to those struggle to vindicate the rule of law gentleman for yielding time to me. against the tyranny of power. Whether To my good friend, the gentleman patriots who sleep across the river in Arlington Cemetery and in American our reference point is the Ten Com- from Massachusetts (Mr. JOE MOAK- mandments or the code of Hammurabi, LEY), let me just add my spin on this cemeteries around the world. We have pledged that their defense of freedom Justinian’s Code or the Magna Carta, situation, to use an unhappy word. the Constitutional Convention of 1787 This has been a moveable feast. The and the rule of law will not have been in vain. or the United Nations Charter of 1945, situation has changed from hour to in each case humanity has made hour, as everybody gets their input on Mr. Speaker, may I presume to re- mind us all of the oath we swore when progress on its journey through history how to do this. when the rule of law has triumphed What we are talking about is reserv- we became Members of Congress. We raised our right arms and we said: over privilege or power as the arbiter ing from immediate distribution sup- of human affairs and the method to re- porting materials which we have been I do solemnly swear that I will support and defend the Constitution of the United States solve conflict. advised by the Independent Counsel against all enemies, foreign and domestic; The fact that the gradual expansion contain matters of a private, confiden- that I will bear true faith and allegiance to of the rule of law has invariably re- tial nature, and there may be innocent the same; that I take this obligation freely sulted in human progress is not an ac- people involved who do not have a cen- without any mental reservation or purpose cident of history; it is a reflection of tral or even a peripheral relationship of evasion; and that I will well and faithfully human nature. For the rule of law is an to the matter in chief. We are simply discharge the duties of the office on which I expression of the spiritual nature of trying to do the decent, responsible am about to enter, so help me God. the human person created with intel- thing by checking those over before Traditionally, an oath means a sol- ligence and free will, a moral agent ca- they are released. emn calling on God to witness to the truth of what one is saying. We all well pable of freedom and capable of order- b 0930 know the story of Sir Thomas Moore ing freedom to the pursuit of goodness, We will release them, but there may who was beheaded in the Tower of Lon- decency, and justice. be some materials in there that we can don for refusing to take the oath of su- Every member of our committee, in- agree on a bipartisan basis ought not premacy that acknowledged Henry VIII deed every Member of this Congress, is to be released. We do not know. But as head of the Church of England. In a servant of the rule of law which in whether the gentleman from Michigan the great drama of his life, ‘‘A Man for this instance means we are servants of (Mr. CONYERS) and I do it, or whether all Seasons,’’ Sir Thomas tells his the Constitution of the United States the entire Committee on the Judiciary daughter, ‘‘When you take an oath, you of America. does it, I could live with either oper- hold your soul in your hands, and if To paraphrase Theodore Roosevelt, ation. you break that oath, you open your fin- none of us is above the Constitution, Mr. Speaker, I just say it is terribly gers and your soul runs through them none of us is below the Constitution, hard to tell a Member of the Commit- and is lost.’’ and none of us is required to ask per- tee on the Judiciary that they may not Mr. Speaker, I believe with all my mission when we require ourselves and look at certain materials that were heart that each of us who took that all those who have also sworn a solemn sent over by the independent counsel. oath of office took it seriously and we oath of fidelity to the Constitution to So I do not think it is a terribly seri- will conduct ourselves so that when obey it. ous dispute. I hope the gentleman does this ordeal, and it is an ordeal, is over Because we are servants of the Con- not talk about breaking agreements. we will have vindicated the rule of law stitution, because we too are subject to As I say, these have been fluid all along and brought credit to this institution the rule of law it enshrines. No par- until we finally got to the Committee in which we are privileged to serve. tisanship in the matters before us will on Rules. I just hope the gentleman We have also pledged a trust to the be worthy of us. Americans pride them- does not feel that there was any viola- Americans of the 21st century. We have selves on living under the oldest writ- tion of trust. I do not want to start out pledged to hand over to them intact ten constitution in the world contin- that way. The gentleman from Michi- and unsullied the rule of law in con- ually in force. That historic accom- gan (Mr. CONYERS) and I are not only stitutionally ordered democracy. And plishment simply did not happen. In doing this in a bipartisan way, but in a we have pledged a trust to our fellow defense of the Constitution, American collegial way, and we are going to keep Americans, with whom we share this men and women have sacrificed their that serious effort going. moment in our history, our neighbors lives in every corner of the globe. September 11, 1998 CONGRESSIONAL RECORD — HOUSE H7591 In defense of the Constitution, the is abundantly clear that we are not not to exclude from any Member access to American people have made enormous here just to determine his personal material necessary to inform that member's sacrifices in time and in treasure. habits, that is, the President of the judgment. In defense of the Constitution, Amer- United States, but we are to respect Mr. SOLOMON. Mr. Speaker, in order icans have forgotten they were black, the fact that he has been elected by the to equalize the time, we are going to brown, yellow or white, that they were people of the United States to serve for reserve our time for a few minutes. Catholic, Jewish, Muslim, Orthodox or another 4 years. Mr. MOAKLEY. Mr. Speaker, may I Protestant, that they were Democrats So the question of fairness is what inquire of the gentleman from New or Republicans. They have remembered surrounded the Committee on the Judi- York (Mr. SOLOMON) whether he has that they are Americans, inheritors of ciary under the leadership of Peter Ro- any speakers remaining? a precious tradition of the rule of law dino, and it will be that question of Mr. SOLOMON. Mr. Speaker, we have and trustees of that tradition before fairness that we will be judged by, if a lot of speakers, but we have only the eyes of the future. not day to day, then certainly by the about 35 minutes or so remaining. I The Constitution remains viable not November elections. think the gentleman from Massachu- only because the document itself is We should never forget that he has setts has more than 50 minutes. We venerable and its provisions wise. The been the captain of our ship for 2 years would like to equalize the time. Constitution remains viable because and this journey is supposed to take le- The SPEAKER. The gentleman from the American people continue to affirm gally 4 years. During this time, we New York (Mr. SOLOMON) has 361⁄2 min- and defend the principle of the rule of have gone through some perilous eco- utes remaining, and the gentleman law which animated the document and nomic times. We have gone through from Massachusetts (Mr. MOAKLEY) has gave it its moral ballast and its moral deficit spending into a balanced budget 511⁄2 minutes remaining. compass. We, the servants of the peo- and indeed a surplus. We have gone Mr. MOAKLEY. Mr. Speaker, I yield ple, their elected representatives, can through a period where more people are 4 minutes to the gentleman from do no less. working, more people are saving, more Michigan (Mr. BONIOR). Thus, we too are under judgment in people are living better. b 0945 So the American people want to these proceedings: the judgment of the Mr. BONIOR. Mr. Speaker, we gather people, the judgment of history, the make certain that when we judge the conduct of the President of the United in this Chamber today with a solemn judgment of moral law. Let us conduct responsibility. At its core, that respon- ourselves in this inquiry in such a way States, we judge him not by a political standard, not by an individual stand- sibility is to do what is right, right by as to vindicate the rule of law. the American people, right by our Con- Let us conduct ourselves and this in- ard, but a standard of fairness that takes into consideration that he was stitution, right by our country, and quiry in such a way as to vindicate the right by justice. Constitution. Let us conduct ourselves not appointed, he was not selected, he was elected as President of these What the President did was wrong. and this inquiry in such a way as to Now the Congress has a report on his vindicate the sacrifices of blood and United States. As we get closer to the November actions from Prosecutor Starr. I be- treasure that have been made across elections, in recognizing just by being lieve the American people have a right the centuries to create and defend this political animals, there will be a temp- to see this report. But we must remem- last, best hope of humanity on Earth, tation for us to allow our politics to ber these are allegations by a prosecu- the United States of America. get involved with our constitutional tor. By its very nature, it is a one-sided Mr. MOAKLEY. Mr. Speaker, I yield responsibilities. It will be tragic if this report. 21⁄2 minutes to the gentleman from New happens. But remember, as we judge The American people have a right to York (Mr. RANGEL), the ranking mem- the President of the United States, the see all the facts, and Congress has a re- ber on the Committee on Ways and people of the United States will also be sponsibility to consider all the facts. Means. judging us. We have an obligation to conduct this (Mr. RANGEL asked and was given Mr. SOLOMON. Mr. Speaker, I yield process in a manner that is fair, judi- permission to revise and extend his re- such time as he may consume to the cious, and upholds the principles of our marks.) gentleman from California (Mr. CAMP- Constitution. Mr. RANGEL. Mr. Speaker, this is BELL). What we are about to embark upon is the second time in the century that the (Mr. CAMPBELL asked and was a very difficult task. Only a few times question of impeachment has come be- given permission to revise and extend in our Nation’s history has this House fore this House of Representatives. I his remarks.) had to walk this very difficult road. had the honor of serving on the Com- Mr. CAMPBELL. Mr. Speaker, before a vote Where should we turn for guidance? mittee on the Judiciary when the Wa- on the floor on a Committee recommendation There have been times in the recent tergate impeachment question was be- to proceed with an impeachment resolution, or past when we have been asked to judge fore the House some 25 years ago. The upon the Committee's failure so to rec- a leader. In the 1970s, Congress had to gentleman from Michigan (Mr. CON- ommend after a reasonable time, any Member judge a President. The President’s law- YERS) was on that committee, and we of the House should be entitled personally to yers met with the Committee on the are fortunate to have his experience to review all executive-session material. Other- Judiciary and had access to the evi- bring us to the point where we can be wise, that member would be required to de- dence for seven full weeks before the fair in judging the conduct of the cide on the impeachment question, whether information was released to the public. President of the United States. yea or nay, without having all the information In the 1980s, Congress investigated Indeed, we are fortunate to have a the Independent Counsel deemed relevant to the Iran-Contra affair. The independent person like the gentleman from Illinois send to the House. Today's rule, strictly con- counsel’s report was kept under seal (Mr. HYDE), who is respected on both strued, might not permit that access if the Ju- for 5 months as President Reagan’s at- sides of the aisle, who is not tempted diciary Committee votes not to permit such ac- torneys prepared his response. by politics, but is moved by what is in cess. However, this rule will expire in its effect In 1996, the Committee on Ethics and the best interest of the people of the at the end of this session, and no one antici- this House passed judgment on our own United States, and more importantly, pates a vote on the impeachment question be- Speaker. In that case, the gentleman the protection of this Constitution fore we must pass a new rule to govern our from Georgia (Mr. GINGRICH) was al- which is not just for us, but the legacy proceedings in the next Congress. Until we lowed 6 days to review the allegations that we have to leave to our children. are called upon to make a vote on that fun- and prepare a response, 6 days. Mr. Speaker, we now will be wres- damental question, I have no problem with the In each case, the accused was allowed tling with some serious questions as to Judiciary Committee's exercise of discretion in an opportunity to review the allega- moral standards, and it is unfortunate deciding what material, out of concern for in- tions in preparing a response to the that many times people have found nocent third parties, should be held in execu- American people. That is only fair. It that they have a lower standard for tive session. is common sense. It is what our sense themselves than they have for the When we pass the rule to govern our later of justice dictates. The American peo- President of the United States. But it proceedings, however, we should take care ple understand that. H7592 CONGRESSIONAL RECORD — HOUSE September 11, 1998 Just last year, this House revised its tion saying so. We have to accept the be done, while the world will see sala- own ethics rules to give an accused report. cious details, the President will not be Member 10 days to prepare a response In order to fulfill our constitutional allowed to look at those documents. before allegations are made public. responsibilities and the only way to up- There is no reason why he should not. Why should this House not allow the hold the wisdom and the structure and There is no delay entailed. President a minimal time to review the the stability of the Constitution as so But this resolution is doing every- allegations against him before they are ably outlined by the chairman is to thing it can to make the President’s posted on the Internet, printed in the have the American people to have a defense as difficult as possible and to papers, and put out over our airwaves? moral foundation to support that Con- make it very likely that all the details Earlier this week, the Republican stitution. that the special prosecutor himself leadership expressed its commitment This is a moral crisis, a moral debate says should be protected for privacy to move forward in a bipartisan fash- that we are about to enter. If the Presi- reasons will leak out, because 50 people ion. Yet, today, we discover that those dent is going to force us to go through in this town cannot keep a secret. commitments that were made in the this trauma, every one of us here must For a practical problem, if 50 people spirit of fairness and responsibility accept that responsibility. have to have time between now and have been eroded one by one. We must understand that there is an September 28, how is anybody going to This resolution is not guided by age-old remedy for wrongdoing that is look through those 80,000 or 90,000 precedent. It is not guided by a proper exhibited actually by the Constitution. pages to decide what should be kept se- sense of fairness. The Republican lead- But philosophers, religious people as cret? They are not going to have time ership has reneged on its commit- far back as we know man goes has ex- enough with two copies. ments. This is a troubling beginning to hibited that remedy, and that is contri- Mr. MOAKLEY. Mr. Speaker, I yield a process that should guide us as we tion, confession, and cleansing. We are 2 minutes to the gentleman from Cali- take on the highest constitutional at the cleansing part. fornia (Mr. MILLER). Contrition is when you recognize (Mr. MILLER of California asked and principles. that you have done wrong, humbled But I do believe the American people was given permission to revise and ex- yourself by knowing that you have have a right, the American people have tend his remarks.) done wrong. Confession is when you Mr. MILLER of California. Mr. a right to see this report. I hope this tell the truth about what you have Speaker, the vote we take today to re- beginning does not portend a widening done. The cleansing part is accepting lease the Starr report without the op- partisan divide at a time when we must the consequences for your actions and portunity for the President to review stand together and seek the truth and being honorable enough to accept those and formulate his simultaneous re- do what is right. consequences rather than the spin, the sponse is fundamentally unfair. Mr. SOLOMON. Mr. Speaker, I yield 1 whole spin, and nothing but the spin. The charges alleged in this report are 3 ⁄2 minutes to the gentleman from We are forced to fulfill the cleansing very grave. The admitted actions of the Texas (Mr. DELAY), the majority whip part of the Constitution. I think every President are both serious and sober. of the Republican Party. Member in this House, Democrat and But no matter what charges are made, Mr. DELAY. Mr. Speaker, I rise in Republican, will rise to the level that the President is entitled to a fun- support of this legislation, and I really the oath of office that we took exhibits damental fairness at every step of the commend the leadership of the gen- and honor that oath and fulfill our re- process. This first step, the wholesale tleman from New York (Mr. SOLOMON), sponsibilities to the Constitution of release of one-sided allegations and chairman, for putting it together. the United States. evidence to the media and the Internet I was very much moved by the state- This is a wonderful institution. It violates that fairness. ments of the distinguished chairman of will rise above everything that is going Every person in this chamber under- the Committee on the Judiciary, a gen- on outside this chamber. It will exhibit stands the ramifications of the instan- tleman that we all know will do an in- what the Constitution gives us the re- taneous release of harmful information credible job in keeping this from being sponsibility to do. in both our political and justice sys- a partisan process. Mr. MOAKLEY. Mr. Speaker, I yield tem, the inability of any later consid- This resolution starts the process of 1 minute to the gentleman from New ered response getting any type of equal examining the report of the independ- York (Mr. NADLER). attention. ent counsel. We demean the job, the of- (Mr. NADLER asked and was given Surely there can be no harm in giv- fice and the law of the independent permission to revise and extend his re- ing the President an opportunity to re- counsel when we call him a prosecutor. marks.) view the material before a proper and This counsel is charged to exculpate Mr. NADLER. Mr. Speaker, the con- full public disclosure of the Starr re- the President as well as to investigate duct of the President over the last 8 port. the President, not to distort what he months and before will be judged in The release of this information may finds. this proceeding. What is at issue here very well be the first step in commenc- The President of the United States this morning is not his conduct but the ing the process of impeachment against has had over 8 months knowing what is fairness of the resolution before us, an elected President of the United coming in this report. In fact, if he which is manifestly and grossly unfair. States of America. The fairness of that started back in January and told the It is manifestly unfair because it de- process should be preserved at every American people the truth, we would nies the President the privilege we level. This rule fails to do so. not be here today. So he has had his have given to every other person ac- The public is clearly entitled to this spin-meisters and his attack dogs out cused, as the gentleman from Michigan information, but it is our obligation to for 8 months. stated, the ability to see the accusa- provide for its responsible release. He knows what is in this report, be- tion before it is released publicly so he The President must be held account- cause he probably debriefed everybody can prepare a response. able both for his admissions of wrong- that appeared before the Grand Jury. It is grossly unfair because, with re- doing and for any proven charges of il- The President’s spin-meisters have spect to the 2,200 pages of evidence and legal behavior, but he must be accorded tried to hold him above the law, the the 17 boxes of other evidence, the en- the rights and the fairness that this rule of law that the chairman was talk- tire Committee on the Judiciary is highest of constitutional responsibil- ing about. going to see it, to decide what must be ities requires of each of us. Now he wants 48 hours to be informed kept confidential and protecting pri- The Committee on Rules has failed before the American people. The Presi- vacy of third parties. the first test of our Constitution, the dent is no better than any other Amer- That means 50 people are going to see test of fundamental fairness. ican, and every American will see this it. It is going to leak out. Those pri- Mr. SOLOMON. Mr. Speaker, I yield as soon as possible. But we cannot get vacy rights are going to be violated. myself such time as I might consume there until we pass this resolution. We That is ensured by this resolution. just to respond to the previous speaker. could not even give it to the President It is grossly unfair because, during Mr. Speaker, yesterday, Independent for 48 hours unless we passed a resolu- the 10 or 20 days that that is going to Counsel Lawrence Walsh, the Iran- September 11, 1998 CONGRESSIONAL RECORD — HOUSE H7593 Contra independent counsel stated in ess that will allow each of us to reach bate is about America’s greatness. And an in-depth interview that the Presi- the right conclusions. We can do better the founders fully recognized that by dent and his lawyers are, without ques- than how we have started today. setting a much loftier and higher tion, aware, and I am quoting, of al- Mr. Speaker, I have talked to both standard on the chief executive. They most all of the material contained in my Democratic and Republican col- did not write high crimes and other the 445 pages that we will be releasing leagues, and I know that we can suc- felonies. They wrote high crimes and today. cessfully carry out our obligations. I misdemeanors. Misdemeanors. A mat- He further said that the President’s urge us to do better in the days and ter of truth and trust. lawyers already have prepared their weeks ahead. The American people must be able to public relations response and have days Mr. MOAKLEY. Mr. Speaker, I yield trust the President. From Wall Street in which to prepare any kind of legal 2 minutes to the gentlewoman from to Social Security, from Main Street response to any inquiry that the Com- California (Ms. LOFGREN). to Moscow, from the United Nations to mittee on the Judiciary might make. (Ms. LOFGREN asked and was given China, the President must be trust- I mean, this is obvious to every Mem- permission to revise and extend her re- worthy. America is great because ber. Every Member of this body has a marks.) America is good. right to this public document, as does Ms. LOFGREN. Mr. Speaker, under I would have liked to have seen the the President. If the President wants our constitution, the House of Rep- considerations of the great Member the the first hard copy to be printed this resentatives has the sole power of im- gentleman from Massachusetts (Mr. afternoon, I am sure that the Speaker peachment. This is perhaps our single MOAKLEY) taken into consideration, would be glad to give it to him so he most serious responsibility short of a but it will not stop me from voting for does have it in advance. declaration of war. Given the gravity this resolution. No one is going to know what is in and magnitude of this undertaking, I have been here for a number of here for the next several hours, and only a fair and bipartisan approach to years, and I want to give compliment, certainly they will certainly have time this question will ensure that truth is after watching the testimony of our to go through it. discovered, honest judgments rendered, great chairman, the gentleman from Il- Mr. Speaker, I reserve the balance of and the constitutional requirement ob- linois (Mr. HYDE), and our great rank- my time. served. ing member, the gentleman from Mr. MOAKLEY. Mr. Speaker, I would Our best yardstick on whether we are Michigan (Mr. CONYERS). I have faith in inquire as to the remaining time for meeting those standards, whether we them and faith in the Congress. the gentleman from New York (Mr. are yielding fair results, is to look at America is great because America is SOLOMON) and myself. the historical experience, to look at good, and we must hold to those high The SPEAKER. The gentleman from the precedents. Twenty-four years ago standards. I support the resolution. Massachusetts (Mr. MOAKLEY) has 441⁄2 this House went through a gripping, Mr. SOLOMON. Mr. Speaker, I yield 3 minutes remaining. The gentleman grueling experience where a Demo- minutes to the gentleman from Califor- from New York (Mr. SOLOMON) has 32 cratic House investigated a Republican nia (Mr. DREIER). minutes remaining. President. And I think that if we hold As my colleagues know, I am soon to Mr. MOAKLEY. Mr. Speaker, I yield the procedures adopted at that time as retire, and the Speaker has already 2 minutes to the gentleman from Mary- our yardstick for fairness, we will be committed to my replacement. The land (Mr. CARDIN). able to measure whether or not we are gentleman from California is an out- (Mr. CARDIN asked and was given meeting the bipartisan necessity of standing vice chairman of our commit- permission to revise and extend his re- these procedures. tee who will do a wonderful job as my marks.) I have heard wonderful rhetoric replacement. Mr. CARDIN. Mr. Speaker, I intend today and yesterday about the need for Mr. DREIER. Mr. Speaker, I appre- to support this resolution, but I am bipartisanship. Regretfully, the behav- ciate my friend for yielding me this very disappointed by what will not be ior embodied in the resolution before time, and I thank him for his stellar accomplished today by the adoption of us falls short of the standard set 24 leadership. this resolution. As has been said by most of my col- Let me share with my colleagues years ago. It is not as good, it is not as leagues, this is a very solemn time and some of my own observations from the fair as what occurred 24 years ago. At a very difficult time for Democrats and 6-plus years that I served in this body’s that time my predecessor in office, and Republicans alike. Obviously, for the Committee on Ethics. There are two my then boss, Congressman Don Ed- American people as well. It is very im- key ingredients to a successful dis- wards, insisted that the President of portant that we be fair, and I am trou- charge of our obligations that are miss- the United States, Richard Nixon, have bled by some of the statements that I ing today. complete due process; that he have the First, there must be true bipartisan ability to see all of the evidence; that have heard that are challenging this efforts. One side cannot and should not his lawyers have the ability to cross- issue of fairness. dictate to the other. Mr. Speaker, a examine and to see everything way be- Mr. Speaker, let me say that in 1978 truly inclusive, bipartisan approach fore it was revealed. a Democratic Congress passed the inde- will require patience and good nego- In this case we have a rush to put al- pendent counsel statute. That made tiating skills, for our caucuses are not legations that have been compiled over major changes since the Watergate monolithic. But we must work in a bi- 4 years onto the internet without giv- hearings of 1974. Three times since 1978 partisan way, and we are not doing ing the President 24 hours to review it. that independent counsel statute has that with this first resolution. I fear for our country if we cannot do been passed. Most recently it was reau- better than this. thorized by a Democratic Congress, and b 1000 Mr. MOAKLEY. Mr. Speaker, I yield it was done when President Clinton Second, there must be basic fairness 2 minutes to the gentleman from Ohio was in office. to the person who is accused. The per- (Mr. TRAFICANT). I think it is important to note that son should have had access to the ma- (Mr. TRAFICANT asked and was we are complying with the rule of law terial that we have before it is made given permission to revise and extend under the independent counsel statute. public. That is a matter of basic fair- his remarks.) It says, ‘‘An independent counsel shall ness. Sure, the President will have a Mr. TRAFICANT. Mr. Speaker, 168 advise the House of Representatives of response, but he should not have to years ago a famous author, Alexis de any substantial and credible informa- speculate as to what we have. He Tocqueville wrote, and I quote, ‘‘Amer- tion which such independent counsel should have had access to it first so ica is great because America is good. receives that may constitute grounds that he is not blind-sided by informa- And when America ceases to be good, for an impeachment.’’ That is exactly tion that may come out later. That is America will cease to be great.’’ what is happening here. We are com- not being fair. How true that is. Today’s debate is plying with the rule of law. We have a grave responsibility to not just about Bill Clinton. It is not We very much want to deal with this carry out, and we must develop a proc- just about the Presidency. Today’s de- in the most bipartisan way possible. H7594 CONGRESSIONAL RECORD — HOUSE September 11, 1998 Last night in the testimony the gen- courtesy. And I believe, in all fairness, I am in awe of what we do here. I am tleman from Illinois (Mr. HYDE) said this President deserves that basic fair- so proud to be a Member of this body, we want to have a bias for openness. ness. What could possibly be lost by an- because we stand for democracy and And it is very clear, based on the num- other 24 or 48 hours before this were the rule of law that no one is above and ber of hits that we had when the chair- made public? no one is below. I am in awe of what we man of the Committee on Rules, the Secondly, the independent counsel achieve here without violence. We gentleman from New York (Mr. SOLO- himself told us that there is informa- must do this right. And I beg the Mem- MON), gave me the privilege of an- tion in parts two and three in this evi- bers, every one of you, to bring out the nouncing the web site of the resolution dence that could be highly sensitive best in us to do this right. Our children that we are considering today and his and injurious to innocent individuals. and our grandchildren will know if we opening statement from last night. The Now, I know that in the rush to get all did. gentleman from New York has just in- this out we can all forget the rights Mr. SOLOMON. Mr. Speaker, I yield formed me that we had over 25,000 hits and the reputation of innocent individ- myself such time as I may consume. on that. uals. I simply ask all of us to put our- Mr. Speaker, it is not appropriate for We have had Democrats and Repub- selves in the shoes of the people that you as the Speaker to address the licans say we want this information could be injured by the leaking of this House from the chair. But I am sure I out now. I think many of us are having information. speak for you and we speak for the the phones, I know I am, ring and ring And I would also remind Members leadership on this side of the aisle in and ring saying get this information that already this morning material is concurring with the latter part of the out now. But, at the same time, we are being leaked in the media. Details have statement by the very distinguished doing our darnedest to ensure that no found their way already into the media minority leader. And let me assure him one is hurt by this process. And that is that supposedly come from this infor- that we implore of our Members on this why in executive session, in executive mation. Why do I not have faith and side of the aisle that they will obey the session, the full Committee on the Ju- confidence that we can hold the mate- rules of this House, both morally and diciary, based on the request by many rial that we should hold? ethically. And if any of them on this Democrats and Republicans, will have I take the gentleman from New York side, as well as that side, leak informa- tion that is in violation of this House, the opportunity to go through the ap- (Mr. SOLOMON) at his word. I realize our pendices and the supporting informa- rules say that we should not give this I will assure you that I will use every tion. out if we have been charged to not give power I have as chairman of the Com- Mr. Speaker, it is very apparent to it out. I pray and hope that all of our mittee on Rules, and I know you will, me that while there is not total agree- Members, Democratic and Republican, as Speaker, to enforce that rule to the ment, there is, in fact, strong biparti- will live with that admonition and will highest degree to discipline any Mem- san agreement for what it is that we not leak this material out injuring the ber that would leak any information on this subject out of executive session. are proceeding to do here during this reputation of innocent people. Surely Mr. Speaker, I yield 2 minutes to the very difficult and challenging time. we can rise to this occasion. gentleman from Illinois (Mr. HYDE), Mr. MOAKLEY. Mr. Speaker, I yield Now, there are many tests ahead. the very distinguished chairman of the 5 minutes to the gentleman from Mis- This is the first step of what could be Committee on the Judiciary. souri (Mr. GEPHARDT), the minority a long process. And I guess my lesson Mr. HYDE. Mr. Speaker, I thank the leader. from today is that it takes all of us, gentleman from New York (Mr. SOLO- (Mr. GEPHARDT asked and was not just some of us, in order to make MON) for yielding. given permission to revise and extend this process work. This is a body of 435 Mr. Speaker, I just want to very his remarks.) human beings, and we are called on to briefly reply to some of the criticisms Mr. GEPHARDT. Mr. Speaker, we be better than sometimes our natures that have been made of this resolution. enter a period of great importance for allow us to be. The phrase ‘‘fundamental fairness,’’ our people’s House of Representatives This is a sacred process. This goes to which of course has a ring to it, has and for our country. As has been said, the heart of our democracy. This is not been used and contentions are that we next to declaring war, nothing we do a second election. This is not politics. have violated fundamental fairness by here rises to the importance of this de- This is not spinning. This is not poll- not giving the President an advantage cision. ing. This is not a lynch mob. This is by having him get either days ahead of I will vote for this rule today, but I not a witch-hunt. This is not trying to time or hours ahead of time the report. must report that I am disappointed in find facts to support our already- I do not think that is a breach of fun- the way we arrived at this rule and in reached conclusions. This is a constitu- damental fairness. the result. And, more importantly, I tional test. The time has come for the American am disappointed in our initial attempt, Alexander Hamilton, in the Federal- people, for the Members of this Con- which I still have faith in, to try to ist Papers, said, when speaking of im- gress, to get this report. The President reach bipartisan and nonpartisan peachment, ‘‘There will always be the will get copy number three. He will get agreements on how we go through this greatest danger that the decision will it as soon as we get it and as soon as process. be regulated more by the comparative the American people get it. He is not The Speaker has said, and I believe strength of the parties than by the real caught by surprise. He is the party of his word, that he wants this to be non- demonstrations of innocence and the first part. He knows what is in the partisan. The gentleman from Illinois guilt.’’ We are all partisans. We are all report better than anybody on the (Mr. HYDE) has said that he wants it to in politics. We all believe strongly in planet. be fair and nonpartisan, and I believe our views and we all want our views to But to give the spin machine an op- his word. But at the end of the day yes- be realized by this House. But that is portunity to be the first impact on the terday we were told that there were not what this is about. American people before we, the Mem- some on the other side that could not I ask my Members to reach inside bers, have seen this report is not bipar- go along with ideas that I believe many themselves in these days ahead, when tisanship, it is foolishness. in the Republican leadership thought we are tested, as we will be tested, to We are acting as a grand jury. The were reasonable ideas. be nonpartisan, to be fair, to be objec- grand jury does not take the object of Let me say what I think should have tive. the grand jury and give them all the been in this rule. First, I believe that evidence in the proceedings and say, b the President deserved 24 or 48 hours to 1015 now you go ahead and make your case. read these allegations and conclusions And I ask my friend on the other side That is not the way a grand jury oper- before it was made public and sent all of the aisle to do the same. I will come ates. And we are operating as a grand across the Nation and the world. We and I ask our Members to come more jury. give Members that courtesy when than halfway to reach nonpartisan Now, I pledge that the very same Members are charged with wrongdoing. agreements, to make this a fair proc- courtesy that Mr. Nixon had will be ex- We have given other Presidents that ess. I pray that we can do this. tended to this President and his staff, September 11, 1998 CONGRESSIONAL RECORD — HOUSE H7595 that he will have his people present our good friend and former colleague, I think that this House is acting way during executive sessions that we have. Peter Rodino, when he said, ‘‘We were, too fast for any kind of fairness. Every- We will, under controlled cir- in effect, asked to substitute our judg- one here knows the public is going to cumstances, want to hear from him ment for the judgment of millions of get this. I urge my colleagues to vote and his submissions exactly, exactly as people who had voted overwhelmingly no. Mr. Nixon had, no less and no more. I in a previous election, and for me it Mr. Speaker, I include for the pledge that to you, in the interest of was a really horrible thought to be in RECORD the article on page 1 of today’s fundamental fairness. that position.’’ Washington Post by Susan Schmidt Mr. MOAKLEY. Mr. Speaker, I yield That was, of course, the man who was and Peter Baker. 3 minutes to the gentleman from Cali- said to be inadequate to the task of ALLEGED DECEIT IS OUTLINED fornia (Mr. FAZIO). judging President Nixon, who became a Mr. FAZIO of California. Mr. Speak- national hero as a result of the effec- (By Susan Schmidt and Peter Baker) er, I did not serve here during the Wa- tive job he did as chairman of the Judi- Independent counsel Kenneth W. Starr’s tergate era. But in the 20 years I have ciary Committee. We have got to take report to the House contends there are 11 been here, I have been greatly involved the same approach. It is a horrible possible grounds for impeachment of Presi- in ethics issues, serving on the Com- thought to be in this position. But we dent Clinton, including allegations that he have got to show objectivity, to put lied under oath, tampered with witnesses, mittee on Ethics for 8 years and lead- obstructed justice and abused power to hide ing on perhaps the most important bill partisanship and bitterness behind us, his affair with Monica S. Lewinsky, accord- of my career, the Ethics Reform Act of and not be affected by the whims of un- ing to sources informed about some of its 1989. informed public opinion. contents. I can only reflect on those years as We must make this judgment here, The report, delivered to the Capitol on an era in which partisanship increased keeping in mind that our political fate Wednesday and scheduled to be made public exponentially, the bitterness that has is not as important, individually or as today, asserts that Clinton committed per- occurred here, the take-no-prisoners parties, as the way history will judge jury during his January deposition in the mentality that has infected this place. how we take up that responsibility. Paula Jones lawsuit when he denied having Mr. MOAKLEY. Mr. Speaker, I yield sex with Lewinsky and then again during his Within the last week, two of our col- grand jury testimony last month when he ac- leagues in the majority have been 2 minutes to the gentleman from Wash- ington (Mr. MCDERMOTT). knowledged a physical relationship wile in- dragged into this, unfortunately to sisting his previous statements were ‘‘legally (Mr. MCDERMOTT asked and was their detriment; their private lives given permission to revise and extend accurate,’’ the sources said. spread before the public. his remarks and include extraneous The report, they said, recounts in some- If we are going to succeed in the task times lurid detail about a dozen sexual en- that the Founding Fathers have given material.) counters with the former White House intern Mr. MCDERMOTT. Mr. Speaker, I us, we are going to have to overcome and outlines evidence of deceit by the presi- will vote no on this, not because I do this tendency, this propensity to make dent, including lying to aides, knowing they not want it released, but because I be- partisanship our watchword here; we would then give false testimony to Starr’s lieve that the process is unfair from grand jury. The retrieval of presidential gifts are going to have to reverse this trend. the very outset. from Lewinsky to avoid a subpoena and job We have had the debate between In this morning’s paper, before the assistance provided to her by Clinton associ- openness and the rights of the individ- vote, already the report is out. Now, we ates are portrayed as elements of obstruc- ual. It is an age-old one. And we have saw 2 days ago the pomp and cir- tion of justice, according to the sources. come down on the side of openness, be- cumstance, a great truck rolled up here Invoking Watergate-era language, Starr cause I think we believe, frankly, that that came from the special prosecutor also makes the argument that Clinton abused the power of his high office, in part the process will not work any other and was handed to the leadership of way. by waging court fights to impede the grand this House. There are only two places jury investigation, actions that might not be We are not where we were with Presi- that leak could have come from, the dent Nixon 25 years ago. The Washing- criminal but could be interpreted by Con- first page of the Washington Post. I gress as impeachable offenses. ton Post, NBC, are telling us this mean, give me some other explanation. Details of the first president impeachment morning what is in this report. With Secondly, it is unbelievable that report in 24 years began to emerge yesterday all due respect to the gentleman from after 6 years of investigation, the while an edgy Washington awaited its formal Illinois (Mr. HYDE), and great respect is President of the United States cannot release. As Clinton continued his contrition due, it is not the committee we fear. be given 1 hour by the Committee on campaign by apologizing privately to Senate The information is in the public do- Rules last night to review this before it Democrats and Cabinet officers, a high-level main, and frankly, the public believes goes public. presidential delegation to Capitol Hill failed they know everything there is to know Now, we did not do that to any Mem- to gain access to Starr’s evidence before it about this already. becomes public. Congressional Democrats ber of the House in the Ethics Commit- likewise lost a bid for a 48-hour delay of its So I believe we have perhaps a more tee. Every Member saw the report be- release and Republican House leaders sched- difficult task than any Congress that fore it went public. We did not do that uled a floor vote for this morning on proce- ever proceeded us when we take up this to Mr. Nixon. dures allowing the report to be posted on the issue. In an age of all-news radio, talk My colleagues heard the gentle- Internet by the afternoon. shows, and cable news television and woman from California (Ms. LOFGREN) The White House was left in the awkward the Internet, instant review of infor- talk about what went on 24 years ago position yesterday of trying to respond to a mation is the norm. History is pro- with the President of the United report it has not examined. Unable to discuss nounced with 10 minutes’ time, not States. This day feels to me like we are its specific elements, Clinton’s personal at- even 10 years of reflection. So we, as an taking a step down the road to becom- torney, David E. Kendall, dismissed the re- port as a one-sided presentation of events. institution, have got to take up this ing a political lynch mob. We are in so ‘‘The referral by the prosecutors is simply a more difficult task in a different way. much hurry to get this done so it can collection of their contentions, claims and I urge my colleagues to go home this be in the Saturday, Sunday news cycle allegations and we look forward for the weekend, to take a deep breath, to in- and have our mint juleps at 5 o’clock, chance to rebut them,’’ Kendall told report- sulate themselves from the whims of we are going to find a rope, find a tree, ers. uninformed public opinion, to take se- and ask a bunch of questions later. It Others in the Clinton camp were left un- riously their responsibility to listen to will be too late for fairness. certain how they would fight back once it is both sides—including the President We can go back and get another rule, released. ‘‘People are just bracing for tomor- when he can get his side out—as well as a fair rule that would give the oppor- row and trying to line people up to at least tunity to the President and, secondly, hold [on] until Kendall and the others have a the prosecutor, who obviously has an chance to respond,’’ said a White House ad- ax to grind. to protect those people that even Mr. visers. There are people on both sides of the Starr says needs to be protected, for Despite White House complaints of unfair- aisle who have already made up their heaven’s sake. He did not recommend ness, Republican congressional leaders made minds, but I hope there are not many we rush out here and do this at 100 clear they would proceed with their extraor- in this case. I reflect on the words of miles an hour. dinary plan of releasing a report that they H7596 CONGRESSIONAL RECORD — HOUSE September 11, 1998 themselves will not have read before it be- then 22 and an unpaid White House intern, and even as Jones’s lawyers were seeking out comes public. became involved with the president in No- women sexually linked to the president. ‘‘The report is made to the Congress of the vember 1995 during the federal government Jordan, a prominent Washington lawyer United States and it is the responsibility of shutdown, and how the two tried to conceal who arranged job interviews in New York for the Congress in as even-handed a basis as it when the Jones lawyers sought their testi- Lewinsky at Currie’s request, is described in possible to make it available to all inter- mony. The final section outlines what Starr the report as an unwitting participant essen- ested parties . . . at the same time,’’ said contends are possible grounds for impeach- tially used by Clinton in his larger effort to House Majority Leader Richard K. Armey ment. placate Lewinsky and thereby influence her (R-Tex.). Lawyers on all sides expect the report to Jones case testimony. Although it remained under lock and key fill in gaps in the story line that has The president’s defenders have rejected in a House office building, both sides assume emerged in fragments over the last eight any illegal purpose in connection with the the report will dramatically alter the politi- months. Among other things likely to be- gifts or the jobs, saying there was no evi- cal dynamics of the eight-month Lewinsky come public, according to sources, are a dence of a direct link to Lewinsky’s testi- saga. Until now, Clinton has survived politi- hard-edged exchange between prosecutors mony and accusing Starr of twisting inno- cally, aided by a strong economy and resil- and Clinton during his grand jury appear- cent actions involving two people who were ient poll numbers, but the White House fears ance as they debated the meaning of sex and close. that unseemly revelations about the presi- the heretofore largely unknown details of Perhaps the most controversial aspect of dent’s sex life could prove especially damag- testimony by key witness Betty Currie, the the report, however, may be Starr’s claim ing. president’s personal secretary, as the inves- that Clinton abused his office. The argument Partial descriptions emerging yesterday tigation wore on. harkens back to the articles of impeachment indicated that the report will include graph- The perjury allegations stem from Clin- drafted against President Richard M. Nixon, ic accounts of Clinton’s sexual activities ton’s description of his relationship with who was accused of misusing his power to with Lewinsky, detailing about a dozen en- Lewinsky when interviewed under oath on cover up the Watergate burglary, among counters in the private study off the Oval Of- Jan 17. Clinton denied having an affair with other things. fice as well as instances when they engaged her, denied having ‘‘sexual relations’’ with Under this interpretation, Clinton ex- in explicit telephone sex. her as defined by Jones’s lawyers and main- ploited the authority and resources of the On one occasion, according to sources tained he did not recall ever being alone with White House by asserting what Starr consid- Lewinsky told prosecutors that she and Clin- her anywhere in the White House. ered frivolous claims of legal privilege to ton used a cigar as a prop in a sex act. In an- During the same session, he also allowed prevent his aides from appearing before the other episode likely to capture attention on his lawyer, Robert S. Bennett, to introduce grand jury and by allowing the Secret Serv- Capitol Hill, sources said Lewinsky asserted Lewinsky’s own Jan. 7 sworn affidavit deny- ice to mount its own doomed court fight to that she participated in a sex act with Clin- ing a sexual relationship and Clinton did not keep its officers from testifying. ton while he was on the telephone talking correct Bennett when he told Judge Wright But Clinton advisers have ridiculed the with a member of Congress. that the statement made clear ‘‘there is ab- contention, saying Starr essentially is try- While the sexual aspects seem likely to be solutely no sex of any kind, in any manner, ing to criminalize the president’s attempts the most sensational parts of the impeach- shape or form, with President Clinton.’’ to assert his rights in the course of an inves- ment report, they are intended to rebut Clin- Sevent months later to the day—after tigation. While the administration lost bat- ton’s argument that he did not consider Lewinsky recanted and more than 75 other tles over attorney-client and executive privi- their activities to be ‘‘sexual relations’’ as witnesses appeared before the grand jury— leges, Judge Johnson determined that they defined by Jones’s lawyers during their depo- Clinton sat down with Starr and other pros- were properly asserted even though prosecu- sition. ecutors in the White House and changed his tors’ need for evidence overcame the need for But seemingly wary of having his inves- story. During this Aug. 17 session transmit- confidentiality. tigation be seen strictly as a sex case, Starr ted live to the grand jury at the courthouse, emphasized the larger issues of alleged Clinton acknowledged having a physical re- Mr. SOLOMON. Mr. Speaker, I yield criminal behavior and abuse of power, ac- lationship with Lewinsky but said he did not myself such time as I may consume. cording to the sources. By stressing the use believe the definition of ‘‘sexual relations’’ Mr. HYDE. Mr. Speaker, will the gen- of the office of president, Starr appears to be included their activities, arguing that oral tleman yield? trying to counter Clinton defenders who sex was not covered. Mr. SOLOMON. I yield to the gen- argue that the whole investigation arose out After that session and his subsequent tele- tleman from Illinois. of private behavior in a private lawsuit that vised statement that his previous testimony was eventually thrown out and had nothing was ‘‘legally accurate’’ if not fully forthcom- Mr. HYDE. Mr. Speaker, I thank the to do with his conduct of the nation’s busi- ing, an upset Lewinsky met for two hours gentleman for yielding. I will be very ness. privately with Starr’s prosecutors and gave brief. Even as Starr was sending the report to them a deposition describing in detail their There are two concepts that are at Congress on Wednesday, he also notified U.S. various sexual activities, including intimate play here: fundamental fairness and District Judge Norma Holloway Johnson, fondling that would be covered by the Jones public relations. Fundamental fairness who is overseeing the grand jury investigat- definition. means they get an opportunity to an- The obstruction-of-justice allegations arise ing the Lewinsky matter, and U.S. District swer the charges, they get a decent full Judge Susan Webber Wright, the Little Rock in part from Currie’s retrieval of gifts from judge who presided over the Jones sexual Lewinsky that had been subpoenaed on the opportunity to answer the charges. harassment case and ultimately dismissed Jones case and from job help provided by Public relations means they get a jump the lawsuit. Wright said in a footnote to a Currie, Clinton confidant Vernon E. Jordan on the other side and they get the spin ruling last week that she is considering Jr. and other presidential associates. machine going. whether the president should be held in con- A source familiar with Lewinsky’s testi- They want a public relations advan- tempt for his misleading testimony in the mony said yesterday that Clinton gave her a tage, and we are promising them fun- Jones case. total of 20 gifts, most of them relatively damental fairness. The President and All told, Starr delivered two 18-box sets of modest items such as a T-shirt and a book of evidence to the House, including raw grand poetry. Concerned about the subpoena, his people will have every opportunity jury transcripts, Linda R. Tripp’s secret Lewinsky testified that she discussed it with to answer every charge, if there are tapes of conversations with Lewinsky and Clinton and that Currie shortly afterward any charges that require answering, in Lewinsky’s Feb. 1 proffer describing what called her and came by her Watergate apart- abundance. That is fundamental fair- her testimony would be if given immunity ment to pick up the gifts, a sequence of ness. from prosecution, a deal that was not ar- events suggesting the president may have in- We are unwilling to give them a pub- ranged until six months later. structed his secretary to get them. But Clin- lic relations advantage any greater Under the plan approved by the House ton denied doing so and Currie told the grand than the one they have had for the past Rules Committee last night, only the main jury that she believed Lewinsky called her report would be made public today, while the about the gifts. many months, when Mr. Starr could rest is reviewed by the Judiciary Committee A few new details emerged about Clinton’s not talk, whereas everyone identifying between now and Sept. 28 to determine what role in Lewinsky’s search for a new job be- themselves with the White House could is appropriate for release and what should re- ginning last summer. Clinton tried directly talk in abundance. main secret. to find work for Lewinsky in summer 1997, Mr. SOLOMON. Mr. Speaker, re- The main report to be posted on four con- asking aide Marsha Scott to find a way to claiming my time, I would just like to gressional Web sites today begins with an in- move her back from the Pentagon to the point out again in my testimony that I troduction that explains the relevance of White House, long before she was subpoenaed Clinton’s actions to the Jones lawsuit and in the Jones case. But Starr presents that in said that when this communication ar- the seriousness of the allegations. It then the context of the Jones suit anyway, given rived at the Capitol the Speaker imme- moves on to a narrative describing the his- that it occurred after the Supreme Court diately directed the material to be se- tory of the affair that began as Lewinsky, permitted the case to go forward in May 1997 cured by the Sergeant at Arms and no September 11, 1998 CONGRESSIONAL RECORD — HOUSE H7597 Member or staff has seen any part of We have now failed to provide one of when he says this is the most partisan this. the parties with notice as to what was Congress ever to convene, I would have I do not think it behooves any Mem- going to proceed. I tell my friend from to differ with him. It may be the most ber to come to the floor, come to the Illinois, whose intellect and integrity I philosophical. But when you look at well, and accuse someone of leaking in- have no question of, that if we are in the great accomplishments of the Con- formation. He knows, we all know, that fact acting as a grand jury, we would tract with America, the welfare re- it is hearsay and that no one has seen not release information, as no grand form, those measures passed this House one word, one page, of any of these doc- jury does. We in fact would review that with an overwhelmingly majority vote uments. information, consider its import, and from both political parties. Thank you Mr. Speaker, I reserve the balance of then, and only then, report our find- for being so nonpartisan when it really my time. ings. counts. Mr. MOAKLEY. Mr. Speaker, I yield That is not to be the case, for we will Mr. Speaker, I yield 21⁄2 minutes to 1 minute to the gentleman from Michi- release this document. Many believe the gentleman from California (Mr. gan (Mr. CONYERS), the ranking mem- that we ought to release it so at least THOMAS), the chairman of the Commit- ber of the Committee on the Judiciary. it is seen in whole, not in part, through tee on House Oversight, to clarify how Mr. CONYERS. Mr. Speaker, could I leaks, which surely would happen. we are going to be open and fair today. say to the gentleman from Illinois (Mr. Mr. Speaker, you have called for non- (Mr. THOMAS asked and was given HYDE), whom I plan to work as closely partisanship, but all of us know that permission to revise and extend his re- with for the next several months as I this surely is one of the most partisan marks and include extraneous mate- can, more closely than we have worked Congresses in history. We need more, rial.) throughout our careers, you have stat- my friends, than rhetorical recognition Mr. THOMAS. Mr. Speaker, notwith- ed twice, sir, that the President of the of fairness. We must have substantive standing the innuendo, I believe it is United States already knows what is in adherence and the realization of fair- completely factual to say that no the report. I reject that. And I am try- ness. Let us do our responsibility, as Member of the House of Representa- ing not to resent it. Because, if he does, the citizens expect us to do that re- tives has seen the documents. As a he has violated the law in that respect. sponsibility. matter of fact, we are not going to You have also said that fundamental Mr. Speaker, the distinguished gentleman open them until the House votes on fairness should be distinguished from from Illinois rose and said correctly that each this resolution. public relations spin. Well, we were not of us in this body took a solemn oath to de- My assumption, having heard the mi- spinning anything when the ethics rule fend the Constitution of the United States. A nority leader and others speak, is that got a week for the Speaker of the part of that Constitution gives us the awesome the resolution will pass. When the reso- House to respond. We were not spin- responsibility of judging the conduct of public lution passes, the box that contains the ning anything on the committee that I officers and holding them accountable it if they overview will be opened. The two origi- recall you being a member of, when do not meet their constitutional responsibilities nal copies will then be copied, and President Reagan got ample time to re- in carrying out their duties of office. those two original copies will be pre- spond. From this day forward, this proceeding will sented to the chairman of the Commit- So I do not think we should confuse depend upon that responsibility. However, to- tee on the Judiciary and the ranking fundamental fairness and public rela- day's proceedings do not relate to the Presi- member of the Committee on the Judi- tions spin when this President is re- dent of the United States, rather, they relate to ciary. They will be first to receive the questing the very same thing. the fairness that this House is going to accord copies. Mr. MOAKLEY. Mr. Speaker, I yield in the execution of its responsibilities. Only after they have received the 3 minutes to the gentleman from Mary- Our citizens expect fairness. America's con- copies will it then become available, land (Mr. HOYER). stitutional system is almost unique in its ad- when it is electronically possible, on herence to due process, as it grants citizens b 1030 the web sites listed here. It is the their right to be heard. We should do no less House web site, the Library of Congress Mr. HOYER. Mr. Speaker, the distin- for those whose conduct we have the respon- web site, the Government Printing Of- guished gentleman from Illinois rose sibility to oversee. and said correctly that each of us in Unfortunately, this week is not a harbinger fice web site and the Committee on the this body took a solemn oath to defend of fairness to come. Surprisingly for some, Judiciary through the House web site. In addition to that, I would urge my the Constitution of the United States. theatrically for most, a report was delivered to colleagues to look for a ‘‘Dear Col- A part of that Constitution gives us the this House. It's unique arrival created more of league’’ provided to them by the Clerk awesome responsibility of judging the a circus atmosphere then one of judicious of the House, which provides an conduct of public officers and holding consideration. them accountable if they do not meet We have already failed to inform one of the intranet capability for Members of their constitutional responsibilities in parties involved in this matter with proper no- Congress. carrying out their duties of office. tice as to what is yet to come. I tell my friend Mr. Speaker, let me also say that a This proceeding, as we go forth from from Illinois, whose intellect and integrity I do request for an electronic version of the this day, will be about that responsibil- not question, that we were in fact to act as a report was requested yesterday in a ity. But today’s proceedings are not grand jury, then we would not release informa- letter signed by the general counsel to about the President of the United tion. No grand jury does. We would, in fact, the Office of the Speaker and the coun- States, but about the fairness that this review the information, consider its import, and sel of the Democratic Leader, and I in- House is going to accord in the carry- then, and only then, report our findings. clude this letter for the record. ing out of its responsibilities. That will not be the case here. We will re- The letter referred to is as follows: Our citizens expect fairness. Ameri- lease this report. Many believe we ought to re- CONGRESS OF THE UNITED STATES, ca’s constitutional system is almost lease it so at least it is seen in whole, not in Washington, DC, September 10, 1998. Mr. Robert J. Bittman unique in its adherence to due process, part as a result of leaks, which surely would to giving citizens their right to be Deputy Independent Counsel, Washington, DC. happen. DEAR MR. BITTMAN: As you know, the Inde- heard. We should do no less for those Mr. Speaker, you have called for non-par- pendent Counsel transmitted material to the whose conduct we have the responsibil- tisanship. Yet all of us know that this surely is House of Representatives on September 9, ity to oversee. one of the most partisan Congresses in his- 1998, pursuant to section 595(c) of title 28, This week, I tell my friends, is not a tory. We need more than rhetorical recognition United States Code, involving a determina- harbinger of fairness to come. Without of fairness. We must have the substantive re- tion in accordance with his responsibilities notice, quickly, and to some, surpris- alization of fairness. Let us execute our re- under chapter 40 of title 28, United States Code. ingly, with unique timing, theatrically, sponsibility as the American citizens expect obviously designed for television expo- We anticipate that the House will consider and as we are solemnly pledged to do. a resolution authorizing the printing and sure, a report was delivered to this Mr. SOLOMON. Mr. Speaker, I yield public dissemination of the portion of such House, creating, I suggest to you, more myself such time as I may consume. material consisting of approximately 445 of a circus atmosphere than a judicial, Mr. Speaker, I always listen carefully pages comprising an introduction, a nar- considered atmosphere. to the gentleman from Maryland, and rative, and a statement of grounds. In order H7598 CONGRESSIONAL RECORD — HOUSE September 11, 1998 to facilitate the expeditious, electronic dis- question is what would our Founding who has done a good job for its people, semination of such material, we hereby re- Fathers think of this course we are em- and not allow him to view the report, quest on behalf of the Speaker and Minority barking on today? I think they would as we release the report on the Inter- Leader that copies of such material be pro- vided to the Clerk of the House in a suitable say it was not for the investigation of net? The rule does not allow that he, electronic format (i.e., computer diskette, a President’s personal life that we the President of these United States, CD–ROM, etc.). risked our lives, our liberty and our sa- would see that report. And I beg to dif- We further request that such electronic cred honor. I know they would not fer with the Chair of the Committee on copies be made available to the Clerk within want us to rush to judgment. Rules, the White House has not seen the timeframe necessary to facilitate elec- Mr. SOLOMON. Mr. Speaker, I yield this report. They have asked us to give tronic dissemination by the Clerk imme- myself such time as I may consume. them the opportunity, merely 24 hours, diately after the House approves the antici- Mr. Speaker, I would just answer the pated resolution. 48 hours, that they can see it, and, yes, Sincerely, last question of my good friend the release it to all the American people. gentlewoman from California (Ms. DANIEL F.C. CROWLEY, Mr. Speaker, I think it is a shame. PELOSI) in saying there are only two General Counsel, Of- We have done it before. We, the Mem- fice of the Speaker. bodies who have any idea what is in bers of this Congress, have ten days if BERNARD RAIMO, that report. One is the Independent we are charged before the public is re- Counsel, Office of the Counsel’s office, and the other is the leased or the chamber is released the Democratic Leader. White House. If there are leaks, I would findings. I think it is despicable. We I would also like to indicate that assume it was one of those. must not relegate our responsibility when the President’s rebuttal through Mr. MOAKLEY. Mr. Speaker, I yield and our duty. Let us preserve the Con- his private attorney or any other 30 seconds to the gentlewoman from stitution. Let us vote down this rule. transmittal is made to the Committee California (Ms. PELOSI). on House Oversight, we will, as soon as Ms. PELOSI. Mr. Speaker, is the gen- Mr. MOAKLEY. Mr. Speaker, I yield possible, and if it is given to us in elec- tleman contending that the details three minutes to the gentleman from tronic form, virtually immediately that the news media is putting out Wisconsin (Mr. OBEY). post on all of these web sites on the there about the Starr allegations, and I Mr. OBEY. Mr. Speaker, I am pro- same page the President’s rebuttal. remind the gentleman that the Starr Not only will it be fundamental fair- foundly disappointed that this process report is a list of allegations, it is not will begin with a blatant disregard of ness, but it will be an ability for those a statement of fact, and they will be who wish to access this site to take a fairness and bipartisanship. The infor- unanalyzed, no witnesses cross-exam- mation in this report has to be made look at the Independent Counsel’s re- ined and the rest, is the Chairman of port and then, when the President or public, and that is why I will vote for the Committee on Rules alleging that this resolution, but it violates fun- his attorney’s report is made available the White House is leaking the infor- to us in electronic form, it will be damental fairness in two respects: mation that is in the Starr report, First of all, in the refusal on the part made available as well. which the Speaker has not allowed the I hope Members will appreciate and of the majority to give the President President any advance viewing of? in fact all Americans appreciate that even one hour of prior notice so that Mr. SOLOMON. Mr. Speaker, will the this will be the most widely dissemi- they can intelligently respond. gentlewoman yield? nated, most rapidly available public Ms. PELOSI. I yield to the gentleman Mr. Speaker, as has been pointed out document in the history of the United from New York. on numerous occasions, you yourself States. Mr. SOLOMON. Mr. Speaker, I am were given five days to respond when Mr. MOAKLEY. Mr. Speaker, I yield saying it is impossible for any Member your matter was before the House. Why 11⁄2 minutes to the gentlewoman from of Congress to have any idea what is in is this President not entitled to the California (Ms. PELOSI). that report. same act of grace and fairness that you Ms. PELOSI. Mr. Speaker, I thank were provided with? the gentleman for yielding me time. Mr. MOAKLEY. Mr. Speaker, I yield Mr. Speaker, for seven of the eleven two minutes to the gentlewoman from Secondly, this motion walks away years that I have served in Congress, I Michigan, Ms. KILPATRICK. from the agreement reached between have served on the Committee on (Ms. KILPATRICK asked and was the leaders of both parties that the Standards of Official Conduct or the given permission to revise and extend backup material would be reviewed by ethics task force. It is from that per- her remarks.) the gentleman from Illinois (Chairman spective that I have several questions Ms. KILPATRICK. Mr. Speaker, I HYDE) and the ranking Democrat be- to ask. rise today to preserve the sanctity of fore it was released in order to protect If indeed what we are talking about this institution, to preserve the sanc- third parties, as has been noted by Mr. here today is the process under which tity of the Constitution, and for the Starr. This proposal walks away from the Starr report will be released, why rights of all American people, yes, in- that agreement and makes that infor- then have the airwaves been filled with cluding the President of the United mation available to the entire member- details of the Starr report for the last States. ship of the committee. That increases 36 hours? It has supposedly been under The resolution before us is unfair. the likelihood of selective partisan lock and key here. One can only as- Unfortunately, we give time for all leaks by some of the most zealously sume the leaks are coming from the criminals, and the President is not a partisan members of that committee. Independent Counsel’s office. criminal, has not been convicted, he Mr. Speaker, I was here during Wa- My second question is to you, Mr. has committed his error and I do not tergate. I hated it, because it bittered Speaker. Why would you not afford the condone it. He was wrong. It is for this President of the United States the body, those 435 of us elected by the peo- up the politics of the entire country, same opportunity you were given by ple of these United States, to deter- not just toward Republicans, but to- the Committee on Standards of Official mine whether we shall preserve the ward all politicians, and we are still Conduct of having almost a week’s ad- Constitution and the rights of all of its suffering from that. But the reason in vance notice to review the charges people. the end that the Congressional process against you, so that you could have It has been mentioned that we are worked is because it was seen by the your response be part of the report? now sitting as a grand jury, and, as my minority, then the Republicans, as Let me just say, the good news about friend from Maryland said, no grand being fundamentally fair to them pro- the leaks is that this four-year inves- jury would leak any information pub- cedurally and substantively, and that tigation apparently vindicates Presi- licly on any case, and we know that as is why many of the Republicans joined dent Clinton in the conduct of his pub- we have watched our government work, in the final verdict in that process. lic life, because we are only left with and it has been a good government. This action does not meet that stand- this personal stuff. Why do we now sacrifice our govern- ard. My third question relates to our ment, when our President of these I urge the majority not to begin this Founding Fathers. I believe the last United States, elected by his people, process by taking unilateral actions September 11, 1998 CONGRESSIONAL RECORD — HOUSE H7599 before it begins. Our respect for our re- think, as envisioned by our Founding one-sided. It is partisan. The Repub- sponsibility, our reverence for this in- Fathers. lican chair of that committee, the stitution, should have produced a fun- Government in the sunshine does Speaker of the House, and other Repub- damentally more fair beginning than work, as those of us who hold elective licans are saying, oh, we want to be bi- this. office in the State of Florida know, partisan, we want a bipartisan oper- Mr. SOLOMON. Mr. Speaker, I yield where we do have the ‘‘sunshine law.’’ ation, we want to cooperate with the myself such time as I may consume. Americans across the Nation are, in Democrats. Mr. Speaker, early on you and myself fact, calling for information about this In the words of my grandmother, ‘‘I and the gentleman from Illinois (Mr. matter, and this resolution will provide cannot hear what you say. I am watch- HYDE), and especially the minority that information, I think, in an appro- ing what you do.’’ leader, had spoken about trying to priate way. You rolled over us yesterday, and stick to the decorum of the House. We Some comment has been made about you are rolling over us today. We say all know it is not under House Rule the process in the Ethics Committee. without qualification, the President of XIV proper to discuss the ethics con- As a former member and as a chairman the United States of America deserves duct of Members. I would hope that of the task force of that committee, I the right to review, prior to its release, that would not continue. would point out that the rules of the a copy of the report written by the Ethics Committee do not necessarily Mr. Speaker, I yield three minutes to independent counsel, who has spent 41⁄2 the gentleman from Florida (Mr. fit the situation at hand. It says, in years investigating the President, and GOSS), a former member of the Com- fact, that if there is going to be a re- the last 8 months devoted to the mittee on Standards of Official Con- port issued on a Member, the respond- Monica Lewinsky matter. duct and a member of the Committee ent has admitted to the charges and Our position is not one of unques- on Rules. waives rights for trial proceedings, you tioned support for this President. We (Mr. GOSS asked and was given per- have a very different circumstance have, and I have, disagreed with him on mission to revise and extend his re- than the type of report material we many occasions. In a court of law, it is marks.) find we have from the independent a basic right for a defendant to know counsel today. what they have been accused of and to b 1045 We also point out that a respondent be given the opportunity for prepara- has a right to see a draft 10 days before Mr. GOSS. Mr. Speaker, I thank my tion and response. friend, the gentleman from New York a subcommittee is to vote, but not 10 To release this report is unconscion- (Mr. SOLOMON) and the distinguished days before being made public. Those able. Do what you did for the Speaker, chairman, for yielding. are very important differences, and I for President Nixon and Oliver North. Mr. Speaker, as we see from the re- think they have been somewhat mis- Give the President 1 hour, 2 minutes, 1 understood in the presentations. marks today, nobody is particularly minute, but be fair. As for the gentleman from Washing- happy to find themselves here under Mr. SOLOMON. Mr. Speaker, I yield ton (Mr. MCDERMOTT), I agree totally these circumstances, but we are taking myself such time as I may consume to with him. Leaks do frustrate the proc- our job seriously and doing our con- say a couple of words about fairness ess, as the gentleman from Washington stitutional duty. and cooperation. very well knows, and I seriously hope Today, we are not going to make a It is without question, from the calls that there are no leaks; and I seriously judgment on the merits of the inde- that we have all had, in the commu- hope, if there are any leaks, that this pendent counsel’s report. Everybody nications with each other, that a small time the Ethics Committee can do its needs to understand that. We all do minority of Members would like to here. Instead, we are charged with pro- job fairly to deal with such leaks. Mr. MOAKLEY. Mr. Speaker, I yield withhold all of the information. Like- viding a procedure for release of that 2 minutes to the gentlewoman from wise, it is true that a very small mi- report that is workable, that is fair, California (Ms. WATERS). nority of this body would like to make and most importantly, that fulfills our Ms. WATERS. Mr. Speaker, I rise all of the information available. But we obligation to the people we work for, today in opposition to the proposed will see, by the final vote on this reso- the people of the United States of rule we are considering. I am here as lution, fairness today, in that an over- America, our constituents. chair of the Congressional Black Cau- whelming, vast majority believes that This resolution contains the req- cus, a member of the Committee on the we should follow through with the res- uisite flexibility to achieve these goals, Judiciary, and a member of a coalition olution; we should make immediate I think, while also providing the Amer- of Members of the House concerned publication of the 445 pages, and then ican people with the same information, about fairness in this process. use the good wisdom of the Committee and at the same time, as Members of As policymakers, we find ourselves in on the Judiciary to go through the re- Congress and the President. This is the difficult position of having to for- mainder. I think that speaks to co- truly equal treatment. No one is above mulate rules and procedures to receive operation and fairness. the law. a report from the Office of the Inde- Mr. Speaker, I yield 31⁄2 minutes to I do want to stress that this comes pendent Counsel without statutory the gentleman from Wisconsin (Mr. after much thoughtful deliberation, laws or rules that dictate procedure for SENSENBRENNER). with no rush to judgment here. My carrying out this special work. It is up (Mr. SENSENBRENNER asked and friend, the gentleman from Florida to the Members of this House to con- was given permission to revise and ex- (Mr. DEUTSCH), who sits on the other struct and implement a fair process. tend his remarks.) side of the aisle from me, and many The Congressional Black Caucus has Mr. SENSENBRENNER. Mr. Speak- other Members on both sides of the made the decision to become the fair- er, let us talk about fairness to the aisle, would have liked us to make ev- ness cop. We have assigned to ourselves American taxpayer that paid for the erything available and requested to the role of being the best advocates we independent counsel’s investigation. make it available immediately, includ- can for ensuring that this process rec- The American public, to be fair to ing the sensitive grand jury material. ognizes the rights of everyone involved, them, ought to be able to see what the Well, we did not do that on the Com- as we go through the process. independent counsel has sent to Con- mittee on Rules. I would say to the gentleman from Il- gress, pursuant to the independent Still, other Members wanted nothing linois (Mr. HYDE), Americans want fair- counsel statute, free from spin doctors, released. Well, we did not do that, ei- ness, fundamental fairness. Members of free from talking heads, free from ther. I believe it is important that we the Congressional Black Caucus under- media hype. Let them see it in the err on the side of providing the Amer- stand this perhaps better than most. form that it was sent by the independ- ican people with more rather than less, Our struggle for fairness, justice and ent counsel. I would point out that no- empowering them to reach their own equality, is a responsibility that we body is going to have a 1-minute ad- conclusions as this goes along. In doing have accepted for the rest of our lives. vantage and a heads-up on this, be- so, we truly reflect the best strengths This resolution reported out of the cause this will be released simulta- of our representative democracy, I Committee on Rules is not fair. It is neously to the American public, to the H7600 CONGRESSIONAL RECORD — HOUSE September 11, 1998 Congress, and to the President of the around the world will be reading the trucks coming onto these grounds, United States. Starr report, and it will be persuasive, without the opportunity of the re- Now, the 35 of us who are members of for any prosecutor has the ability to spondent, which could be any American the Committee on the Judiciary have shape the evidence presented to a in this Nation, to review such mate- an awesome constitutional responsibil- grand jury. We can claim that these rials to provide a simultaneous re- ity in discharging our duties and evalu- are only allegations, that nothing has sponse, is a political act, it is not jus- ating this evidence to see whether or been proven, but the reality is by to- tice. not the President has committed an night, minds will be made up and judg- For any of our Members to suggest impeachable offense or not. I am not ments will be rendered, and any pre- that the President already knows what asking for a leg-up to start working on sumption of innocence will be over- a prosecutor, Ken Starr, has done for 4 this awesome responsibility. I am ask- whelmed. years with $40 million in a document ing for fairness. I agree that the report should be re- that includes 140 pages of charges, is at I am asking for an ability to be able leased. That is not the issue. The ques- best being political. The Constitution to reach my own conclusions, free from tion is when and how. was not written on the Internet, and the advice of people on the outside who After so many months, what possible this process should not be governed by have got axes to grind, and that is why harm could come from allowing coun- the needs of those who travel the I think that this resolution is fun- sel for the President to review the re- cyberspace, it should be governed by damentally fair, because it strikes a port for a day or 2 so that both sides of fundamental fairness. balance between the openness that the the story can be told at the same time? In fact, in this House the Speaker American public expects this proceed- It is only fair. himself, who presides today, was given ing to be done, as well as the request This House went even further to en- at least 10 days to look at the allega- that Independent Counsel Starr has sure fairness 24 years ago. During 7 tions and charges against him. I ask made to protect certain individuals weeks of closed-door hearings, Presi- the Speaker, can we be any less fair? from undue conclusions, who are not dent Nixon’s lawyers were even allowed Do we not remember what happened to involved in this process at all. to cross-examine witnesses before any- the innocent Richard Jewell in the At- This report contains the most impor- thing was made public. We should re- lanta bombings? This is what could tant information concerning a Presi- spect that precedent, and it is unfortu- happen if we do not allow the President dent that the American people will nate that we have not, for if the Amer- to review as any American the charges ever have to consider, and the Amer- ican people are to accept our ultimate brought against him and, as well, to ican people ought to be put it into this conclusion, they must have confidence keep the many many other documents equation so that they can see what the in the fairness of the process. That con- unexposed until the evidentiary hear- independent counsel has found and fidence, far more than the fate of a ings are completed. they can judge for themselves. It is im- President, is what is at stake here. This process, Mr. Speaker, is one perative that the Congress conduct the Mr. SOLOMON. Mr. Speaker, I yield that will not preserve what the Amer- public’s business in as open a manner such time as he may consume to the ican people have created; that is, a per- as possible. gentleman from Indiana (Mr. BUYER). fect union with justice. This process The process laid out by the Commit- (Mr. BUYER asked and was given could expose and hurt innocent people. tee on Rules is eminently fair. Con- permission to revise and extend his re- This process will not preserve this Na- gress, the citizens of this country, and marks.) tion, this Constitution, or the people. President Clinton will begin their re- Mr. BUYER. Mr. Speaker, I rise to We need fairness, Mr. Speaker. Let us view process of Independent Counsel state that obedience to criminal law begin today. Starr’s report at the same time. With and fairness does not recognize special Thank you, Mr. Speaker. Here we are. Alex- the public dissemination of this mate- treatment as being requested. ander Hamilton probably knew that someday rial, the American people and Members Mr. MOAKLEY. Mr. Speaker, I yield we would be here at this point. of Congress can come to their individ- 2 minutes and 10 seconds to the gentle- He said in the Federalist Papers that, the ual conclusions regarding Mr. Starr’s woman from Texas (Ms. JACKSON-LEE). biggest fear in undergoing an impeachment report. Ms. JACKSON-LEE of Texas. Mr. proceeding would be that the ``comparative dif- The resolution charges the Commit- Speaker, I thank the gentleman from ferences of the party would override the real tee on the Judiciary with the awesome Massachusetts for yielding me this ideals of innocence and guilt.'' responsibility of reviewing the full re- time. It is important to acknowledge the sobering ferral by Mr. Starr to determine if Into this House come ordinary men and somber tasks we are about to undertake. there are sufficient grounds to rec- and women, and we are often asked to Alexander Bickel wrote in 1973, ``In the presi- ommend to the House that an impeach- do extraordinary things. We are also dency is embodied the continuity and inde- ment inquiry be commenced. We are asked to put aside politics and the de- structibility of the State. It is not possible for committed to conducting an impartial sire for self-indulgence. I hope over the government to function without a presi- and independent review of the inde- these weeks we will refer more often to dent, and the Constitution contemplates and pendent counsel’s investigation and his our Bibles and the Constitution, the provides for uninterrupted continuity in office.'' conclusions, and will reach our own Bibles for redemption and fairness and Fundamental fairness then is pivotal in any conclusions based upon that review, the Constitution for the understanding constitutional process seeking to remove the and it will be done in a nonpartisan of freedom and justice. president. manner. For the opening of the Constitution During this time many issues will have to be After evaluating Mr. Starr’s evi- said, ‘‘We, the people of the United resolved. One of them is whether or not the dence, the Committee on the Judiciary States, in order to form a more perfect President should be allowed to formulate a re- has two choices. Either it will find that union, establish justice, ensure domes- sponse over the next 48 hours before the there is no substantial evidence of im- tic tranquility, provide for the common Starr report is released to the public. The an- peachable activity by the President or defense, promote the general welfare, swer of course should be yes. Unfortunately, it will recommend commencing a for- and secure the blessings of liberty.’’ the rules Committee decided not to allow the mal impeachment inquiry. This will be President to review the report before it was re- b 1100 done not on a partisan basis, but on the leased to the American public. When the evidence and on the law. No, the President is not above the Founding Fathers wrote the Constitution, there I support the resolution. law, the institution of the presidency is was no Internet, no Information Superhighway. Mr. MOAKLEY. Mr. Speaker, I yield not above the law, but neither is either Even though Mr. Speaker the Congress is a 2 minutes to the gentleman from Mas- below the law. There is a presumption political body, this process should not and can sachusetts (Mr. DELAHUNT), a former of innocence until proven guilty for all not be politicized. district attorney for 21 years in the of us. The independent counsel's report while I am Commonwealth of Massachusetts. This House, during this somber proc- sure is presented with a high respect for the Mr. DELAHUNT. Mr. Speaker, by 3 ess, must not be driven by politics. The seriousness of this issue, it is still only one o’clock today, millions of people delivery of 445 pages by the drama of side of the story. The American public should September 11, 1998 CONGRESSIONAL RECORD — HOUSE H7601 have both sides of the story at once. Other- the divinity itself, and can never be erased or This process is controlled by the wise, the media will only have Starr's version obscured by mortal power. leadership of this House. It is impor- to discuss for the next several days. This process needs to be fair, it is a somber tant that the outcome, which could be The Watergate impeachment inquiry fol- task. I fear political glee over one man's pend- a grave and heavy outcome, be seen as lowed the same precedent. The Judiciary ing doom drives this House now to vote to completely and entirely fair and objec- Committee received evidence in closed-door deny the basic constitutional protections to the tive by the people of this country. This hearings for seven weeks with the President's accused in a timely manner, in order that an process is being begun in a way that lawyer in the same room. This evidence in- informed response to the charges be made. I belies all of that. It is wrong. It is un- cluded the material reported by the Watergate fear pre-judgment of the issues because this fair. There is a pretense to fairness, grand jury. The materials received by the House fears for its survival. I however will not merely the suits and trappings of fair- Committee were not released to the public give up on fundamental fairness. ness and objectivity, but not the real until the conclusion of the seven-week evi- Mr. SOLOMON. Mr. Speaker, I yield meat of fairness and objectivity. dentiary presentation. By then, the White myself such time as I may consume. I am convinced that we are embark- House had full knowledge of the material Mr. Speaker, time is so precious, I ing on this process in the wrong way. being considered by the Committee. Also in would just hope that the timekeeper This resolution is wrong, and therefore, Watergate, subpoenas were issued jointly by would charge us for the time we are on I must vote in accordance with that the chairman and ranking member, and if ei- our feet. conviction. ther declined to act, by the other acting alone, Mr. Speaker, I yield 2 minutes to the Mr. MOAKLEY. Mr. Speaker, I yield he could refer the matter to the full committee distinguished gentleman from Florida 1 minute to the gentleman from Texas for a vote. Most importantly, it was required (Mr. DIAZ-BALART), a member of the (Mr. HINOJOSA). that the President's lawyer be provided with Committee on Rules. Mr. HINOJOSA. Mr. Speaker, I be- copies of all materials presented to the com- Mr. DIAZ-BALART. Mr. Speaker, the lieve it was Charles Dickens who, in his mittee, invited to attend presentations of evi- founders of this extraordinary con- novel, A Tale of Two Cities, said, ‘‘It dence, and to submit additional suggestions stitutional republic created a system of was the best of times, it was the worst for witnesses to be interviewed or materials to government that is as resilient as it is of times.’’ That is a fairly accurate as- be reviewed, and to respond to evidentiary intent upon being protective of the sessment of where we are right now presentations. The rules further provided that freedoms of the American people. I here in this Chamber. the President and his counsel ``shall be invited think we in this moment in history are Yes, I took the oath of office to de- to attend all hearings, including any held in ex- seeing another manifestation of that fend our Constitution, and I will defend ecutive session.'' Twenty-four hours advance resiliency and of that fundamental the rule of law and not the rule of man, notice was required, and both the Chairman greatness of the system that was cre- which leads to tyranny. Later today we and the Ranking Minority Member were grant- ated by our Founding Fathers. will be voting on the referral and re- ed access ``at all times'' to committee mate- I have to respectfully but emphati- lease of the Starr report. As we pro- rials. cally reject the accusation that we ceed, I think all of us who are here will I don't think the House should have denied have heard this morning of unfairness keep in mind how important it is to re- President Clinton the same right our members that has been hurled at the Committee main objective, and above all, fair. receive when charges are filed against them on Rules. The Committee on Rules has The decisions we will make will have by the House Ethics Committee. For example, bent over backwards in satisfaction of a far-reaching and long-lasting impact Speaker GINGRICH was permitted to review the the guidance that the Speaker and the on our country and on every American, charges filed by the Committee before it minority leader and the distinguished young and old. issued its public report. The President should member of the Committee on the Judi- Yes, let us release the report, but let be afforded the same right. ciary and the ranking member gave us us give our President the 2 days that he Also, the Ethics rules require that the sub- to be precisely fair. may be able to respond as requested. ject of any investigation to alleged violations How ironic it is that it was from the Let us be fair. There is nobody in this will have ``not less than 10 calendar days be- other side of the aisle that the most Chamber whom I believe can tell me fore a scheduled vote'' to review the alleged emphatic and passionate requests were that our President is not 100 percent violations. A copy of ``the statement of alleged made to us last night to instanta- committed to doing the best job he can violations, together with all evidence, is also neously make public everything in for our Nation. His record on the job as provided to the subject of any House Ethics those many boxes that have been re- President has proven that. violations.'' The President should not receive ceived and are under lock and key at Mr. SOLOMON. Mr. Speaker, I am any less due process than any Member of this moment, and thus could not have glad to yield 2 minutes to the gen- Congress. been leaked and have not been leaked tleman from North Carolina (Mr. We want to do this in a fair and nonpartisan by this House. The other side of the COBLE), a distinguished member of the manner. It is true that no one is above the aisle most emphatically asked that ev- Committee on the Judiciary. law, not even the President of the United erything be made public today. There (Mr. COBLE asked and was given per- States. However, he should not be below the were other requests from both sides of mission to revise and extend his re- law. This is not just President Clinton, but this the aisle that nothing be made public. marks.) is the institution of the Presidency. We must We have bent over backwards to be Mr. COBLE. Mr. Speaker, many have treat this process fairly and justly. Integrity fair, and we have created a system, a compared President Clinton’s problems must remain in the process. This is not a witch rule that is fair, that protects the right with Watergate. There are similarities hunt, and an election by the American people of the American people to learn the as well as distinctions. should not be nullified without objective delib- facts, and the right of due and delibera- A probable similarity is this: If Presi- eration. It is unfortunate that the President will tive process for the President and all dent Nixon and President Clinton had not be given a chance to review this report be- other citizens who may be affected by offered sincere apologies in timely fore the Press will on the Internet. Let's put these proceedings that in effect we are fashions, their respective problems fairness back in the process. authorizing today by this rule and by would likely have been resolved. If, The American people understand the cre- the rule next week that we will be when initially confronted, they had re- ation of this perfect union, they understand bringing to the floor. sponded truthfully in a manner worthy justiceÐand we must show that we will not let Mr. MOAKLEY. Mr. Speaker, I yield of their high office, the severity of politics override justice and the blessings of 1 minute to the gentleman from New their problems likely would have di- liberty. The institution of the Presidency, Pres- York (Mr. HINCHEY). minished: ‘‘American people, I made a ervation of the rule of law, the survival of this Mr. HINCHEY. Mr. Speaker, I, too, mistake. I disappointed you. I let you nation depends on this. want the allegations in the report by down. I ask your forgiveness.’’ Alexander Hamilton in 1775 said the sacred Mr. Starr to be made public, but the If such requests had been timely ex- rights of mankind are not to be rummaged for, way that that would be done in this tended, forgiveness would likely have among old parchments, or musty records. resolution is wrong. The burden of that been forthcoming, because Americans They are written, as with a sunbeam in the wrong will haunt this process through- by nature are a forgiving people. I am whole volume of human nature, by the hand of out. applying hindsight, Mr. Speaker, which H7602 CONGRESSIONAL RECORD — HOUSE September 11, 1998 is nearly always 20/20. But the time for Chamber, an oath to defend the Con- Mr. HEFNER. Mr. Speaker, I came forgiveness may have passed, and now stitution of the United States. It is here to this House at the same time as this demanding task of resolving the that Constitution that places this re- the distinguished gentleman from Illi- matter is upon this, the people’s House. sponsibility upon us. This is a sad day. nois (Mr. HYDE), the chairman of the The success of our Constitution is When I came to Congress I would have Committee on the Judiciary. I heard measured with the courage of those in never believed we would have to con- the questions raised so far on this pro- whom it vests powers to carry them sider such a resolution during my serv- ceeding and I watched the Rules Com- out in a just and appropriate manner. ice here. It is a solemn responsibility. mittee last night. Just to show how This resolution will assure that the But we may not cede our oversight dull things were on television, I Committee on the Judiciary is able to responsibility to watch over the gov- watched the Committee on Rules on ascertain what we need to do to accom- ernment. Every Member of the House, television last night. plish that task. in doing so, would be abdicating one of Mr. Speaker, to me, I get the feeling Mr. MOAKLEY. Mr. Speaker, I yield the most important obligations that this is, ‘‘Give him a fair trial and 2 minutes to the gentlewoman from the charged us by our Founding Fathers. then hang him.’’ Now, what is the dif- Ronald Reagan stated on the 250th District of Columbia (Ms. NORTON). ference in the courtesy that we ex- Ms. NORTON. Mr. Speaker, I thank anniversary of the birth of President tended Richard Nixon and our distin- George Washington that without Presi- the gentleman for yielding me the guished Speaker, and that extended to dent Washington stepping forward, our time. the President of the United States? Nation might have failed. He said that Mr. Speaker, there are few instances After all, he supposedly speaks for all George Washington, and I quote, ‘‘was in this Chamber where bipartisanship of us. Fifty percent of the people did is required. There are almost no in- a man of deep faith who believed the pillars of society were religion, moral- not vote for Republicans or Democrats. stances where fairness is required. Bi- They were split up. Fifty percent of the partisanship is not even required when ity, and bonds of brotherhood between citizens. He personified a people who people said, we do not want to vote for we are declaring war. As we saw in the knew it was not enough to depend on anybody. way the Gulf War was handled, there their own courage and goodness. They This is, in my view, an unfair rule. I were divisions among us, and yet we must also seek help from God, their fa- hope that I would never have to come came together. ther and preserver.’’ to this body for defense of my civil But Mr. Speaker, bipartisanship and As we begin this process, we must put rights and to get fairness from the fairness are necessary in a procedure our trust in the courage and judgment Committee on the Judiciary if this rule that could overturn a democratic elec- of this sober body. We must put our goes into effect. And there are already tion. We are failing the joint test of bi- faith in God to lead us during this very members of this committee that have partisanship and fairness this morning difficult time. I urge my colleagues to made up their minds that Clinton has on the easiest of the issues of this pro- support this resolution. to go. ceeding, access to an accusatory docu- Mr. MOAKLEY. Mr. Speaker, I yield Mr. Speaker, to me, this is a facade. ment by the accused. 2 minutes to the gentleman from North It is absolutely ridiculous. It is a trav- Mr. Speaker, I have spent my life in Carolina (Mr. WATT). esty. And right now I am going to vote the law arguing matters of due process, Mr. WATT of North Carolina. Mr. against the rule, and I would just tell down to including first amendment Speaker, I rise in opposition to the res- all Members of this House, if they vote matters, where I was defending the olution. I asked myself three questions: against this rule, the press releases are rights of racists to vindicate the right Is the public’s right to know para- already out that they are going to de- of free speech. I can say to the Mem- mount to the right of the accused to a fend the President and stand with him bers that I believe history will ask, fair hearing? My answer to that is no. and the message will go to their dis- what would have been lost if the Presi- That has always been the answer of our tricts that they do not want the truth dent had been given a day or two to in- country. to be seen. spect documents that accused him? Is there any precedent for what we This is political, and I regret it; and Ten days for Members accused, no day are doing? My answer to that is no. We it is one of the reasons that I am going for the President of the United States gave the defendant McVeigh and the to be so glad to be out of here. when he is accused. defendant who shot police officers in Mr. SOLOMON. Mr. Speaker, I yield We could have regulated how the doc- this Chamber more due process than we myself such time as I may consume. ument would be inspected. We could are extending to the President of the Mr. Speaker, I am going to be out of have sequestered those who would in- United States. We fight to keep from here too, but I am not going to be glad spect it. There are any number of con- having pretrial publicity and informa- about it. It is a great institution, and I ditions, but the notion of no inspection tion out there, to assure fair trials, and am certainly going to miss it. does violate fundamental fairness. we give it up today when we release Mr. Speaker, I cannot help but listen Impeachment is a matter of a process this report. to the last two speakers from North Now, having dug ourselves this hole, that we make up as we go along. Par- Carolina, and others. I wish they had can we provide a fair determination ticularly because this Chamber is not stayed on the floor earlier on when the and fulfill our constitutional respon- controlled by the President’s party, gentleman from Missouri (Mr. GEP- sibility, with the public and the press they should be at pains to bend over HARDT), the minority leader, was here second-guessing every single step and backwards on each and every element imploring the Members to have proper every single evaluation? It is like hav- of fairness. They have failed to do so in decorum and to cooperate in a biparti- ing the press and the public standing this proceeding. san and nonpartisan basis. and saying to every single juror, ‘‘We Mr. SOLOMON. Mr. Speaker, I yield 2 Mr. Speaker, let me refer to the law. have already made up our mind. Now minutes to the outstanding Member Section 595(c). you go provide a fair trial and a fair from Atlanta, Georgia (Mr. LINDER), a Mr. CONYERS. Regular order. Mr. process.’’ member of the Committee on Rules. Speaker, is the gentleman on his own Mr. LINDER. Mr. Speaker, I thank b 1115 time? the gentleman for yielding time to me. On all three counts we have failed The SPEAKER. The time is counted Mr. Speaker, this is a terrible thing the system. around the gentleman from New York. for the Nation to have to go through, This is a sad day from two perspec- Mr. HEFNER. Will the gentleman and not one of us should feel anything tives. It is a sad day that we are here yield? He mentioned my name. but sadness and pain. But Congress has in the first place, but it is an even sad- Mr. SOLOMON. Mr. Speaker, I did a solemn responsibility to undertake der day for what we are doing to the not mention the gentleman’s name. this review of the report of the inde- Constitution and to our obligations Mr. HEFNER. I am from North Caro- pendent counsel. under that Constitution. lina. As the chairman of the Committee on Mr. MOAKLEY. Mr. Speaker, I yield Mr. WATT of North Carolina. Mr. the Judiciary stated earlier today, we 11⁄2 minutes to the gentleman from Speaker, will the gentleman yield? took an oath on our first day in this North Carolina (Mr. HEFNER). Mr. SOLOMON. No, I will not yield. September 11, 1998 CONGRESSIONAL RECORD — HOUSE H7603 Mr. WATT of North Carolina. Mr. delicate challenge to this body. I am Mr. Speaker, we are operating here Speaker, I rise to a point of personal saddened by the tone of antagonism under the independent counsel statute, privilege. and mistrust that is already starting to which provides very specifically for the The SPEAKER. A point of Personal creep into the proceedings. treatment of different reports by an privilege is not in order at this time. Perhaps the flaws in this resolution independent counsel. We are not pro- The gentleman from New York (Mr. do not equal a violation of fundamental ceeding here under the ethics rules. We SOLOMON) controls the floor. fairness. Due process, of course, is dif- are not proceeding here under the Fed- Mr. SOLOMON. Mr. Speaker, I am ferent from the fairness inherent in due eral Rules of Criminal Procedure. going to say it again. Some complain courtesy and due comity. But let me The independent counsel statute, about the President not being given ask my colleagues, would there have which was referred to just recently by prior notice; I think the arguments are been any real cost to a better protec- the chairman of the Committee on unfounded. The Democrats controlled tion of the rights of innocent persons Rules and which the minority, when this place in 1978 when this initial law to their privacy? I think not. they were in the majority, had every was put into place. Nothing in the law, Would there have been any real cost opportunity just 5 years ago to amend and it is only one paragraph here, to a fuller courtesy to the President of and they did not, provides very simply, speaks to giving anyone notice when a the United States, regardless of statu- very unequivocally, very clearly that report is given to this Congress. tory or precedential provisions? I think the independent counsel report that we This law has been reauthorized three not. are talking about here, which is not a times, the latest in 1994 when this Would there have been any real cost report to the court, is not a periodic re- House was again controlled by Demo- to greater comity to the requests of port to the Congress; it is a report di- crats. Nothing was in it. Let me read it the minority in order to assure a fuller rectly and solely to the Congress and to my colleagues. sense of nonpartisanship in this mat- not to any other party for purposes of ‘‘Schedule C: Information relating to ter? I think not. the Congress to consider what the inde- impeachment. An independent counsel Mr. SOLOMON. Mr. Speaker, I yield 1 pendent counsel believes is impeach- shall advise the House of Representa- minute to the distinguished gentleman able evidence, evidence of impeachable from Texas (Mr. SMITH), a member of tives of any substantial and credible offenses. the committee. information which such independent If, in fact, the minority, which was Mr. SMITH of Texas. Mr. Speaker, then in the majority just a few years counsel receives.’’ It goes on to say this is a critical time in our country’s that they may constitute grounds for ago, was so concerned about the prin- history, and we must proceed with the ciple involved here, aside from the per- an impeachment. utmost care in fulfilling our constitu- Mr. Speaker, that is the law. We sonalities that now prevail, if they tional responsibility, wherever it were so concerned about providing spe- should have written it in the last five might take us. times. We did not for reasons. cial dispensation for the President to It is altogether fitting that the inde- have advance access to that report Mr. Speaker, I yield such time as he pendent counsel’s report be made avail- may consume to the gentleman from from the independent counsel, so he able to the American people, Members could go to the American people and Florida (Mr. STEARNS). of Congress, and the President simulta- (Mr. STEARNS asked and was given spin it and distort it, then they could neously. From the outset, this process have written it into the statute. permission to revise and extend his re- must be open and fair to all, with ad- marks.) Mr. Speaker, it is too late now to do vantage to none. that. The statute speaks for itself, just Mr. STEARNS. Mr. Speaker, I thank As we go forward, we do so not as the distinguished gentleman from New as the evidence will speak for itself. partisans, but as fact-finders and I support this resolution. York (Chairman SOLOMON) for yielding truth-seekers. And we go forward to- Mr. SOLOMON. Mr. Speaker, I yield me this time. gether, the American people and their 11⁄2 minutes to the very distinguished Mr. Speaker, I rise in support of the representatives in Congress, united in gentleman from Washington (Mr. rule. The American people paid for this our love of country and in our desire to HASTINGS) a member of the Committee report. They have a right to see it im- seek a wise and just result. on Rules. mediately without any spin. There is a passage in the scriptures Mr. HASTINGS of Washington. Mr. With regard to this rule on the Starr report, where King Solomon says, ‘‘Give there- Speaker, I thank the gentleman from we need to make the report public imme- fore thy servant an understanding New York (Mr. SOLOMON) for yielding diately for these reasons: heart * * *’’ That is what is needed me this time. 1. Immediate release on the internet will during this time of our national tribu- Mr. Speaker, we have heard a lot of prevent the selective leak of information both lation. remarks today, some good and some favorable and unfavorable to the President. Mr. SOLOMON. Mr. Speaker, I yield maybe not so good. I would like to 2. The American people, as taxpayers, have 11⁄2 minutes to the distinguished gen- come at it from a different perspective. a right to see the report, complete and uned- tleman from Georgia (Mr. BARR). When I was first elected to this body, ited by the media or other sources. This meth- Mr. BARR of Georgia. Mr. Speaker, I I never contemplated the possibility od provides access to the report to everyone thank the distinguished gentleman that I would have to address the poten- at the same time. They paid for this report. Let from New York (Mr. SOLOMON) the tial of impeachment, and I think that us give it to them. chairman of the Committee on Rules, many of us feel exactly the same way. 3. Internet release is the least partisan for yielding me this time. But here we are, and we all swore to method of releasing the information. No one Mr. Speaker, there is a sign that uphold the Constitution. This is what I has any advantage in spinning the information hung over my wall when I served as would like to address my remarks to. for their own purposes. U.S. Attorney, and I brought it with Some have characterized what we 4. The report is now property of the House me to Washington and it now hangs in may go through as a constitutional cri- of Representatives, as the Constitutionally au- my office here. It is a quote by Theo- sis. I would emphasize that this is not thorized body to determine whether impeach- dore Roosevelt, a former President. a constitutional crisis. The issue that ment is warranted. If anyone should be able to ‘‘No man is above the law, no man is brings us here today, the method of review the material, it should be the House, below the law, nor do we seek any disseminating the information in the and then the President, not the reverse. man’s permission when we seek to independent counsel’s report, however, Mr. MOAKLEY. Mr. Speaker, I yield make him uphold the law.’’ may result in a crisis. It may result in 1 minute to the gentleman from Colo- That is very applicable here today as a crisis of governance. It may result in rado (Mr. SKAGGS). we discuss the law. I would remind my a crisis in the confidence of the people Mr. SKAGGS. Mr. Speaker, I thank colleagues on the other side of the that elected us, but it is not a constitu- the gentleman from Massachusetts aisle, who now wail so loudly in favor tional crisis. (Mr. MOAKLEY) for yielding me this of special dispensation for the Presi- Our Constitution clearly lays out a time. dent, what law it is that we are operat- process in which we should discharge Mr. Speaker, this is the first stage of ing under here and what law we are not our duty. This is the start of that proc- what will be an incredibly difficult and operating under here. ess. H7604 CONGRESSIONAL RECORD — HOUSE September 11, 1998 Mr. Speaker, last week before I re- the things that are in the report are peachment of President Clinton, in- turned to Washington, D.C., I had din- going to be on ‘‘Meet the Press’’ and cluding allegations that he lied under ner in my district with a group of Rus- ‘‘Face the Nation.’’ Somebody is leak- oath, tampered with witnesses, ob- sian professionals. At that time, Russia ing this. structed justice, and abused power to was in the middle of a crisis where I am not making accusations, but hide his affair with Monica S. there was no prime minister and there somebody is leaking this and I would Lewinsky, according to sources in- was a very real threat that the govern- like to have an explanation and an an- formed about some of its contents.’’ ment might be dissolved. There clearly swer as to where these leaks are com- That is in the paper. Yet my col- was apprehension in this delegation. ing from, because it does not behoove leagues are now urging me to tell our My colleagues should recall that until us to just say, well, we have them Members to release everything, thou- yesterday, this issue was unresolved. under lock and key here. sands and thousands of pages. Explain to me one procedural method. How can Now, that is what I would characterize b 1130 as a constitutional crisis. 35 Members with at least one staffer Mr. Speaker, as we go through this Mr. CONYERS. Mr. Speaker, reclaim- each go through thousands and thou- process, let us keep in mind that this ing my time, the intention of this sands of pages of documents? issue is very serious, but it is not a cri- Member was to come here this morn- I ask in the comity that the gen- sis of that fact. I would just say that ing, point out my reservations about tleman from Illinois (Mr. HYDE) and I this really demonstrates to me that this rule, this proceeding, and vote for have pledged to work with, the friend- the Founding Fathers, what they wrote it. But I have been exposed to the de- ship that the Speaker and I have en- in our Constitution does indeed work. bate now, and I will not be able to jus- joyed over these last 48 hours, that we The burden now is on us. tify my support. please move away from this course of Mr. SOLOMON. Mr. Speaker, I yield 1 I am announcing to those Members action. I urge that this resolution be minute to the distinguished gentleman on my side that I have told I was going defeated. Mr. SOLOMON. Mr. Speaker, after from Arkansas (Mr. HUTCHINSON), an- to support the report, I am not going to other member of the Committee on the vote in the affirmative. And I regret it that eloquent address, it is only appro- Judiciary. very much because it was important to priate that the closing for our side Mr. HUTCHINSON. Mr. Speaker, this me that we continue the comity that would be the chairman of the Commit- resolution begins a journey in which we have worked so hard on. tee on the Judiciary, not only because the path will be treacherous and the Here is why. The independent counsel he is the Chairman, but because he has conclusion is uncertain. The journey whom I have lectured to almost daily also, in 24 years, been the Member that should be guided by the Constitution, from this well and for whom I have had has been held in, I would say, the high- est esteem by all of us. the law, and our conscience. certain reservations about his over- Mr. Speaker, I yield such time as he This resolution is a step in the right zealousness has done the Congress one may consume to the gentleman from direction on that journey. It follows important service. In his only commu- Illinois (Mr. HYDE) to close for our side. the precedence of the House and it is nication that I know of to the Speaker and to the minority leader, he said in (Mr. HYDE asked and was given per- fair. Would it be more fair to withhold mission to revise and extend his re- the release of the report to Members of two sentences something that I think we are not following, and I commend it marks.) this body and to the public, in other Mr. HYDE. Mr. Chairman, I would to your attention. words to allow the President a head not call for a vote on that last state- It is this: ‘‘This referral,’’ not report, start in reviewing the report? I think ment the gentleman from New York ‘‘This Referral contains confidential not. made, but I do thank him for his gener- material and material protected from Mr. Speaker, I believe that it is fair ous remarks. and the chairman of the committee has disclosure by Rule 6(e) of the Federal Mr. Speaker, fundamental fairness is done an outstanding job in working Rules of Criminal Procedure.’’ That is a phrase that has been bandied around with the minority ranking member in Starr talking to the Congress. Then he here. I did not hear that much when order to assure a fair process. went on to say, ‘‘Many of the support- one of the marvelous, articulate As a member of the Committee on ing materials contain information of a spokesmen for the administration de- the Judiciary, I have supreme con- personal nature that I respectfully clared war on Kenneth Starr; and that fidence that the committee will pro- urge the House to treat as confiden- war is still going on, volley after volley vide the President an ample oppor- tial.’’ on MSNBC, CNBC, on and on and on, tunity and a fair opportunity to re- It was with that understanding that, not to mention other spokesmen for spond. This process should not be a in the Office of the Speaker and with the administration, talented issuers of stampede to impeachment, but it the leaders of this body we entered into insults and vitriol. There was not much should be a search for truth and justice an agreement that I regretfully have to due process or fairness there. with an allegiance to the Constitution. tell you has been broken. It has been We have congratulated ourselves on That is my commitment. That should broken. My heart has been broken be- saying no man is above the law, but be our commitment. fore. Agreements have been broken be- this is not a criminal proceeding. There Mr. MOAKLEY. Mr. Speaker, I yield fore. is no legal requirement for an answer the balance of my time to the gen- But in this instance, we are violating to a complaint from the White House. tleman from Michigan (Mr. CONYERS), the directions of the independent coun- We on the Committee on the Judiciary ranking member of the Committee on sel who now, in his fifth year, and I are smart enough and of such goodwill the Judiciary. love these reports about how the Amer- that we are going to wait and we are Mr. HEFNER. Mr. Speaker, will the ican people are waiting for this. The going to hear what the President has gentleman yield? majority of the American people would to say. We are going to give it every Mr. CONYERS. I yield to the gen- accept a resolution saying we shall possible consideration. tleman from North Carolina. never mention this matter again for The only requirement for an early Mr. HEFNER. Mr. Speaker, first, the rest of all of our honorable and dis- copy to the White House is a public re- they mentioned ‘‘the two gentlemen tinguished careers. That is what the lations one. We have had the public re- from North Carolina,’’ and I am one of majority of the American people want. lations feel for as long as the independ- them. I do not know if I am a gen- Twenty-five thousand people would ent counsel has been appointed. By the tleman, but as far as the decorum of like to see it if it is there. way, the spin is working well here in the House, I certainly, if I offended But since we are worried about the this room. My colleagues refer to him anybody, I apologize. I am so sorry if I contents: ‘‘Impeachment Report Con- as the special prosecutor, not the inde- hurt anybody’s feelings, delicate feel- tends Clinton Lied, Obstructed Justice; pendent counsel. He is not a prosecutor ings in the House. Alleged Deceit Is Outlined.’’ on the law my colleagues passed, which But, Mr. Speaker, there is one ques- ‘‘Independent counsel Kenneth W. did not provide for advanced copies to tion that has not been answered. By Starr’s report to the House contends objects of investigation, as my col- this weekend on all the talk shows, all there are 11 possible grounds for im- leagues wrote it. So we have a public September 11, 1998 CONGRESSIONAL RECORD — HOUSE H7605 relations requirement that I hope my dent and more recently, the allegations sur- For the stability of the country and the pres- colleagues do not think we are fun- rounding President Clinton and his admitted ervation of our democracy, we must proceed damentally unfair in not wanting to extramarital relationship with Monica with a spirit of bipartisanship that rises above give special treatment to the White Lewinsky. politics and ideological differences. If the Judi- House. Equality, not special treatment. I have been extremely disappointed with the ciary Committee determines that there are im- I do not have to tell my colleagues President's behavior. I do not believe it is ap- peachable offenses, and forwards its findings that these theaters of operations have propriate conduct for the President of the to the entire House, Members of the House shifted from the White House to the United States. However, the issues contained will effectively serve as jurors. We must look Grand Jury to this chamber. We are in the Starr Report also deal with issues of al- at the facts in an objective and fair manner. governed by what we all vote for. leged legal impropriety. Those are the issues We must leave our own personal and political I can assure my colleagues the only which should be our focus as we consider our predispositions at the door. Our decisions bipartisan thing in this whole resolu- duty under the Constitution. must be made on the evidence and the law. tion, after listening to this debate, is I will vote today to release portions of the Like every other member of the House, I the bipartisan demand for immediate Starr Report to the public. I regret that the Re- plan to review the report in its entirety over the release of this report. I can tell my col- publican majority of this House is opposed to weekend. I urge every American to read the leagues the vigor and rigor with which giving the President an opportunity to read the report and make their own judgements in a those demands have come from the allegations contained in the report before we sober, serious manner. other side is in no way less than the make them public, because I believe that is To make the report more easily accessible vigor and the rigor of the demands on unfair. We gave House Speaker NEWT GING- to people in Wyoming, I want them to know our side. RICH that opportunity when allegations against that an electronic copy of the report will be We put this to a vote, we know what him were being considered by the Congress. posed on the Internet on the following official is going to happen, and we are the serv- However, I believe it is important the public government sites: ants of this body. So there is no way we have access to certain information in the Starr Library of CongressÐTHOMASÐhttp:// could change that. Report. I remain reluctant to make every de- thomas.loc.gov/icreport. Due process, fundamental fairness tailÐsecret grand jury information, classified Government Printing OfficeÐhttp://ac- will be observed. I can assure my col- national security documents, or unconfirmed cess.gpo.gov/congress/icreport. leagues this whole proceeding will fail, information which may unnecessarily involve House Committee on JudiciaryÐhttp:// it will fall on its face if it is not per- innocent individualsÐavailable for everyone in www.house.gov/judiciary. ceived by the American people to be the world to read. On this matter, the House House of RepresentativesÐhttp:// fair. Judiciary Committee will be responsible for www.house.gov/icreport. I keenly regret what I have heard further action and recommendations to Con- Mr. BUYER. Mr. Speaker. I know that all of this morning, a debate that has been gress. my colleagues recognize the gravity of the sit- really partisan. Bipartisanship cuts Before I make any further judgment, I want uation before us. We must bring to this matter two ways, folks. It does not mean sur- to read the Starr Report. Then, I want to hear every ounce of wisdom and thoughtfulness render. It means thoughtful, sincere, the President's response to the allegations and nonpartisanship possible. honorable consideration of differing made in the report. At that time, I will consider The statute authorizing the independent views and trying to reach an accommo- the evidence presented to me as a Member of counsel requires that the House be notified of dation. the U.S. House of Representatives and take any substantial and credible information that I pledge myself, even though the gen- any action I believe appropriate. may be grounds for impeachment. The inde- tleman from Michigan (Mr. CONYERS) Mrs. CUBIN. Mr. Speaker, since Independ- pendent counsel has fulfilled his statutory obli- has changed his mind, I pledge myself ent Counsel Kenneth Starr has delivered a re- gation. The House must now fulfill its constitu- to work with him as closely as hu- port to Congress with evidence of possible im- tional responsibility to thoroughly review this manly possible so we do have that bi- peachable offenses, the House of Representa- material. partisan result from our efforts. tives is required by the United States Constitu- It is not the independent counsel who de- I hope my colleagues will vote for tion to review this information. Along with the cides what is impeachable. That responsibility this resolution. power to declare war, the power to draft arti- rests solely with the House. Included in this Mr. STARK. Mr. Speaker, I will not vote for cles of impeachment is among the most sol- resolution is a requirement that three sections this resolution because I have grave reserva- emn and serious powers given to the House of the report be made public as soon as is tions about the process under this House res- by the Constitution. physically possible. This is appropriate. The olution that provides no check for the rel- The vote today to release the report is not Democrats on behalf of the President's crimi- evance or veracity of the information con- an indictment against the president. The nal defense lawyer seek to have access to the tained in the Starr report, and which denies House has not voted to impeach the presi- report prior to its dissemination to the public. the President the fairness that the House has dent, nor to proceed with an inquiry of im- Obedience to criminal law and fundamental afforded its own Members. peachment. We have voted to make this re- fairness does not recognize special treatment This report is a prosecutor's version of a port available to members of Congress, the as requested by the minority. The law author- case, no more and no less. It evolves from a President, and the American public. We have izing the independent counsel does not au- grand jury investigation that affords witnesses also voted to give the Judiciary Committee the thorize an advance copy to the subject of the no opportunity for representation by counsel authority to review all of the supporting docu- investigation. and no rebuttal for witnesses. If the accused ments to determine if there is evidence that I support the resolution and urge its adop- were a House Member, He would have been the President has committed impeachable of- tion. afforded time to review the report and prepare fenses. Mr. SCARBOROUGH. Mr. Speaker, I want a response. Our own Speaker GINGRICH was Our decision today on how to handle the re- to express my support for the public disclosure given five days to read and respond to the port is fair. The law requires Judge Starr to of the Starr report, to end questions regarding Ethics report detailing his wrong doing; the submit information to Congress if he has the report's content. The gravity of this histori- Speaker's response was included in the docu- found credible evidence of impeachable of- cal moment cannot be underestimated. Few ment made available to the public by the Eth- fenses. The President, like the Congress, did responsibilities will ever rise to this responsibil- ics Committee. Speaker GINGRICH forgets that not get an advance copy. Like any other ity Congress now confronts. Throughout this fairness he was afforded as he casts the first American, he will not receive special treat- difficult process, the public will always retain stone today at the President. ment, he will receive fair treatment. the right to be fully informed. The Congress, As we vote today, we do not know where The public has a right to review the report, as well as the President, has such a duty to the truth will take us. But we must not plunge and innocent parties have a right to have their so inform. into McCarthy era demagoguery in which sala- privacy preserved. The Judiciary Committee Mr. PAYNE. Mr. Speaker, I rise in strong cious slander replaces responsible governing. will be the only body with access to the sup- opposition to this resolution. Mr. COSTELLO. Mr. Speaker, this House porting documentation. However, by making We all agree that we have a serious respon- has under consideration the issue of how best the report public, the American people will be sibility to fulfill our Constitutional duty as mem- to deal with the report submitted by Independ- able to decide for themselves what the report bers of Congress in the matter before us. But, ent Counsel Kenneth W. Starr. Mr. Starr has says rather than having the information filtered it is of utmost importance that we proceed in spent almost four years investigating the presi- through media or government sources. a spirit of fairness. H7606 CONGRESSIONAL RECORD — HOUSE September 11, 1998 Sadly, it now appears at the very outset that I certainly agree that the report should be public reads and hears. They will take on a life the majority has rejected any semblance of released. That is not even an issue. It will be of their own, and the case will be tried, not by fairness in favor of blatant partisanship. To released. The only question is when and how Congress, but in the court of public opinion. refuse to give the President of the United it should be done. For in exercising the re- Given these risks, why rush to judgment, States the basic courtesy of reviewing the sponsibilities that the Constitution has thrust Mr. Speaker? After so many months, what charges made by the most far-reaching Inde- upon us, we must be sure that we proceed in possible harm can come from allowing the pendent Counsel in history is shameful. Is this a manner that observes the principles of fun- counsel for the President a few days to review the America we want for ourselves and our damental fairness that are at the heart of that the report so that they can tell his side of the children, where individual rights are trampled document. story? on to such a degree that accusations against Only then will the American people accept In the one historical precedent we have to a person are posted on the internet before the results, whatever they may be. Only then look to, that is precisely what was done. they are presented to the accused? I am will we begin to restore the shaken confidence Twenty-four years ago, a Republican president afraid that this is only the beginning of more of the Nation in its political institutions. was under investigation by a Democratic abuses to come. How can members of this In that regard, Mr. Speaker, I consider the House. President Nixon's lawyers were per- body who have loudly insisted that the Presi- resolution before us today to be our first test. mitted to participate in seven weeks of closed dent resign possibly give him a fair hearing? For in deciding the terms under which the sessions, as the Judiciary Committee con- I urge my colleagues to reject this resolution. highly sensitive material contained in the re- ducted a confidential review of Judge Sirica's Let us reject this cheap, partisan approach port should be released to the public, we must grand jury materials prior to their release. The and instead chart a fair, objective and honor- weigh carefully the benefits of immediate dis- counsel to the President was even allowed to able course as we undertake this serious re- closure against the damage this might do to cross-examine witnesses before their testi- sponsibility. the fairness of the investigation. mony was made public. Ms. CHRISTIAN-GREEN. Mr. Speaker, I If the resolution is agreed to, the entire 445 Whatever the differences may be between rise to join my colleagues, who more elo- pages of the report will be posted on the Inter- the current controversy and the Watergate af- quently than I, argue for fairness and decorum net this very afternoon. Not a page of it will fair, President Clinton should receive the same in the process we are about to embark on. have been examined beforehand by any mem- due process protections accorded to President This investigation, Mr. Speaker, and there- ber of the Committee. Not one page will have Nixon in the course of that investigation. fore this report is a document born out of polit- been seen first by the President and his attor- If the people of the United States are to ac- ical machinations. It is the result of a more neys. cept our virdictÐwhatever it may beÐthey than 6 year relentless attack on the President Some have argued that we should release must have confidence in the fairness and in- of the United States, which many of us believe the report because the essence of it has al- tegrity of our deliberations. ThatÐfar more began because his policies and political phi- ready been leaked to the press and appears than the fate of one particular presidentÐis losophy favor people of color and the less for- in this morning's editions. If that is true, it is what is at stake. tunate in our country, as well as because of to be deplored, and the Independent Counsel Mrs. ROUKEMA. Mr. Speaker, I rise today his economic policies and high favorability with should have to answer for it. But we should in strong support of this resolution. the American people. not endorse the unauthorized disclosure of I commend the Chairman of the Rules Com- I personally do not feel that the full report pieces of the report by prematurely releasing mittee, Mr. SOLOMON. Today the House em- should be made public. No public good would the rest of it. barks upon the first step of a Constitutional be served, only opposing political interests. Some have argued that the President al- process that our commitment to the rule of Additionally, it would further demean the office ready knows what is in the report because he law. Besides declaring war, this is the most of the President as well as the Congress and is the subject of it. This argument suggests, at important duty that the House could under- further demoralize a public that has said over best, a poor understanding of what goes into take. As Chairman HENRY HYDE has stated, and over again: ``Enough is enough, lets get a prosecutor's report. we are about to embark on a judicial inquiry on with the important issues facing this coun- Some have argued that we should go ahead that will uphold our ``Viable and Venerable try.'' and release the report because there are still Constitution.'' Mr. Speaker, it is only fair to grant the re- some 2,000 pages of supporting material that CONSTITUTIONAL PROCESS will not be released without Committee review, quest of the President and his attorney's for I must stress that this process is not and and this will be sufficient to prevent irreparable some time to review the report before it is should not be about politics. Partisan sniping harm to lives and reputations. They cite Mr. made public. Even if the Republican leader- has no place in this process. The entire Na- Starr's request that we treat certain informa- ship does not think that Bill Clinton deserves tion, indeed, the world will be watching the tion in the supporting material as confidential, two days to review the report, then I offer to House of Representatives and they will be apparently inferring that the information in the you that the President of the United StatesÐ seeing our Constitution on display. Indeed, it report itself does not require such treatment. whomever he might beÐis due at least that is that documentÐthe ConstitutionÐthat must Yet Mr. Starr did not say this. And even if he amount of respect and consideration. be our guide in this process, not politics. Mr. Speaker, this is indeed a sad day for had, it is for this House to determine what in- America. It is a sad day, not because of what formation should be disclosed. We should not IMMEDIATE DISCLOSURE the President has done, or the ensuing media abdicate that responsibility to the Independent The immediate public release of the 445- feeding frenzy, but because of the willingness Counsel. page written report is essential to this process. of some members of the Republican Party and Apart from whatever damage the abrupt dis- Delayed release or partial release or incom- its cohorts of the conservative, so called closure of the report might cause to innocent plete release will lead first to a trickle and then ``Christian'' Right, to sacrifice the presidency third parties, it will clearly be prejudicial to the a torrent of leaks, rumors and outright false in- and the integrity of the Congress on the altar President's defense. If the Independent Coun- formation. of political expediency. sel has done his job, the case he has con- The American people deserve better than to Let us be decent people and the upstanding structed will be a persuasive one. Prosecutors learn the details of the charges against the representatives the American people elected have enormous power to shape the evidence President through a cynical cycle of spin and us to be. We must respect the Presidency and presented to the grand jury. AndÐat least at re-spin. Nothing could be more damaging to give the President the time he has requested. the federal levelÐthey have no obligation to this process andÐI might addÐto the office of We must also do as Judge Starr has asked us apprise the jurors of exculpatory evidence. the Presidency. For these reasons, I am con- and protect the confidentiality of the sensitive The case will seem airtight. Yet until the evi- fident that the chairman and ranking member material the report includes. Let us be fairÐ dence has withstood cross-examination and of the Judiciary Committee will release the vote against this unfair rule! the allegations have been proven, they remain supportive documents as soon as possible Mr. DELAHUNT. Mr. Speaker, two days nothing more than allegations. and no later than September 28, 1998, con- ago, after months of speculation, leaks and Presidents, no less than ordinary citizens, sistent with their legal obligations. revelations, the report of the Independent are entitled to the presumption of innocence. PRESIDENT'S RIGHT Counsel was delivered to the House of Rep- They are entitled to confront the charges Now let me touch upon the President's resentatives. If this resolution is approved this against them. Yet, if we adopt this resolution, rights in this process. I am committed to main- morning, the report will be in the hands of mil- by the time President Clinton is accorded that taining a level of fundamental fairness as the lions of people around the globe by three right, the charges against him will have circled HouseÐand possibly the SenateÐmove for- o'clock this afternoon. the globe many times. They will be all the ward with this constitutional process. September 11, 1998 CONGRESSIONAL RECORD — HOUSE H7607 Does today's release of this 445 referral [Roll No. 425] Ryun Smith (TX) Tiahrt Salmon Smith, Adam Tierney compromise the President's rights or place YEAS—363 Sanchez Smith, Linda Traficant him at a legal disadvantage? The answer is a Sanders Snowbarger Turner Abercrombie Ehrlich Lazio Sandlin Snyder Upton clear ``no.'' Aderholt Emerson Leach Sanford Solomon Vento Allen English Levin The President and his lawyers will have Sawyer Souder Visclosky Andrews Ensign Lewis (CA) plenty of time to craft a full defense. (Indeed, Saxton Spence Walsh Archer Eshoo Lewis (KY) if there is any person in this Nation who has Schaefer, Dan Spratt Wamp Armey Etheridge Linder Schaffer, Bob Stabenow Watkins the tools and the ability to defend himselfÐit Bachus Evans Lipinski Schumer Stearns Watts (OK) is the President of the United States.) That is Baesler Everett Livingston Sensenbrenner Stenholm Waxman his right. That represents basic fairness. Baker Ewing LoBiondo Sessions Strickland Weldon (FL) Baldacci Farr Lowey Shadegg Stump Weldon (PA) It is important to realize that the process Ballenger Fawell Lucas Shaw Stupak Weller that this resolution creates will provide the Barr Fazio Luther Shays Sununu Weygand Independent Counsel's Report to this House, Barrett (NE) Foley Maloney (CT) Sherman Talent White Barrett (WI) Forbes Maloney (NY) the President, and the public at essentially the Shimkus Tanner Whitfield Bartlett Fossella Manton Shuster Tauscher Wicker same time. How can this not be fair? Barton Fowler Manzullo Sisisky Tauzin Wilson Bass Fox Mascara CONCLUSION Skeen Taylor (MS) Wise Bateman Franks (NJ) Matsui Skelton Taylor (NC) Wolf It is my sincere belief that this process will Bentsen Frelinghuysen McCarthy (MO) Slaughter Thomas Wynn prove that our Constitution works. Today, that Bereuter Frost McCarthy (NY) Smith (MI) Thornberry Young (FL) Berman Gallegly McCollum Smith (NJ) Thune process begins and will only end in an im- Berry Ganske McCrery Smith (OR) Thurman peachment if substantial and credible evi- Bilbray Gejdenson McDade dence exists for that impeachment. Today's Bilirakis Gekas McGovern NAYS—63 Bishop Gephardt McHale action is NOT meant to prejudge the outcome. Ackerman Hinchey Owens Blagojevich Gibbons McHugh Becerra Jackson (IL) Payne We must uphold the laws of our free societyÐ Bliley Gilchrest McInnis Brady (PA) Jackson-Lee Pelosi our republic will be secure. Blumenauer Gillmor McIntosh Brown (CA) (TX) Roybal-Allard Blunt Gilman McIntyre I urge my colleagues to support this resolu- Brown (FL) Jefferson Rush Boehlert Gingrich McKeon Carson Kennedy (MA) Sabo tion. Boehner Goode McKinney Clay Kennedy (RI) Scott Mr. FRELINGHUYSEN. Mr. Speaker, in this Bonilla Goodlatte McNulty Clayton Kilpatrick Serrano Bonior Goodling Menendez Nation, and in this Congress, we are con- Clyburn Lee Skaggs Bono Gordon Metcalf Conyers Lewis (GA) Stark fronted with a serious constitutional crisis. Borski Goss Mica Cummings Lofgren Stokes Boswell Graham Millender- Davis (IL) Markey Thompson In everyone's interest, Judge Starr's report Boucher Granger McDonald should be released to the public without delay. Delahunt Martinez Torres Boyd Green Miller (FL) Deutsch McDermott Towns For months we have listened to rumors and Brady (TX) Greenwood Minge Engel Meehan Velazquez leaks. In order for the credibility of this Con- Brown (OH) Gutierrez Mink Fattah Meek (FL) Waters Bryant Gutknecht Moakley gress to remain intact, we must be armed with Filner Meeks (NY) Watt (NC) Bunning Hall (OH) Moran (KS) Ford Miller (CA) Wexler truth and the facts. The American people must Burr Hall (TX) Morella Frank (MA) Mollohan Woolsey share this confidence, and the only way to ac- Burton Hamilton Murtha Hastings (FL) Moran (VA) Yates complish this, is for the information contained Buyer Hansen Myrick Hefner Nadler Callahan Harman Nethercutt Hilliard Neal in Judge Starr's report to be made public. Calvert Hastert Neumann After all this time and the related costs, full Camp Hastings (WA) Ney NOT VOTING—9 disclosure is absolutely necessary. Campbell Hayworth Northup Barcia Jenkins Pryce (OH) Canady Hefley Norwood As a Member of Congress, I will fulfill my Furse Johnson, E. B. Scarborough Cannon Herger Nussle Gonzalez Poshard Young (AK) duty and obligation to review this matter in a Capps Hill Oberstar tradition of bipartisan cooperation already reit- Cardin Hilleary Obey b 1200 Castle Hinojosa Olver erated by the Speaker and Mr. GEPHARDT. Chabot Hobson Ortiz Mr. FORD changed his vote from Congress will execute its duty under the Con- Chambliss Hoekstra Oxley ‘‘yea’’ to ‘‘nay.’’ stitution, but more importantly, continue to Chenoweth Holden Packard Mr. HINOJOSA and Mr. RODRIGUEZ Christensen Hooley Pallone changed their vote from ‘‘nay’’ to work on a legislative agenda which assures Clement Horn Pappas Americans that our Nation's economy will re- Coble Hostettler Parker ‘‘yea.’’ main strong by virtue of a Balanced Budget Coburn Houghton Pascrell So the resolution was agreed to. and tax cuts. We will also continue our work Collins Hoyer Pastor The result of the vote was announced Combest Hulshof Paul to increase educational opportunities for our as above recorded. Condit Hunter Paxon A motion to reconsider was laid on children, preserve and protect Social Security Cook Hutchinson Pease and Medicare, and reform health care in Cooksey Hyde Peterson (MN) the table. Costello Inglis Peterson (PA) f America. Cox Istook Petri Mr. SOLOMON. Mr. Speaker, I move Coyne John Pickering PERSONAL EXPLANATION the previous question on the resolu- Cramer Johnson (CT) Pickett Crane Johnson (WI) Pitts Ms. CHRISTIAN-GREEN. Mr. Speak- tion. Crapo Johnson, Sam Pombo er, I rise at this time because, like the The previous question was ordered. Cubin Jones Pomeroy other four Members who represent The SPEAKER. The question is on Cunningham Kanjorski Porter Danner Kaptur Portman Americans in the offshore territories, I the resolution. Davis (FL) Kasich Price (NC) was not able to vote on the issue of the The question was taken; and the Davis (VA) Kelly Quinn rule, H. Res. 525. But, Mr. Speaker, I Deal Kennelly Radanovich believe in fairness and I believe that Speaker announced that the ayes ap- DeFazio Kildee Rahall peared to have it. DeGette Kim Ramstad sensitive material should be kept con- Mr. SOLOMON. Mr. Speaker, I object DeLauro Kind (WI) Rangel fidential. to the vote on the ground that a DeLay King (NY) Redmond The people in the territories, just Diaz-Balart Kingston Regula like those on the mainland, believe in quorum is not present and make the Dickey Kleczka Reyes point of order that a quorum is not Dicks Klink Riggs fairness and we believe in respect for present. Dingell Klug Riley the Office of the President. And, so, if Dixon Knollenberg Rivers I had been able to vote, I would have The SPEAKER pro tempore. Evi- Doggett Kolbe Rodriguez cast my vote against the resolution; I dently a quorum is not present. Dooley Kucinich Roemer Doolittle LaFalce Rogan would have voted no. The Sergeant at Arms will notify ab- Doyle LaHood Rogers f sent Members. Dreier Lampson Rohrabacher The vote was taken by electronic de- Duncan Lantos Ros-Lehtinen GENERAL LEAVE Dunn Largent Rothman vice, and there were—yeas 363, nays 63, Edwards Latham Roukema Mr. SOLOMON. Mr. Speaker, I ask not voting 9, as follows: Ehlers LaTourette Royce unanimous consent that all Members H7608 CONGRESSIONAL RECORD — HOUSE September 11, 1998 may have 5 legislative days within Mr. ARMEY. Mr. Speaker, will the and some lost time earlier this year be- which to revise and extend their re- gentleman yield? cause of tragic and unforeseen events marks and include extraneous material Mr. FAZIO of California. I yield to and the efforts that we have made to on H.Res. 525. the gentleman from Texas. make sure that we fully and com- The SPEAKER pro tempore (Mr. Mr. ARMEY. Mr. Speaker, I thank pletely accommodate the Jewish holi- SHIMKUS). Is there objection to the re- the gentleman for yielding. day, we did not feel that it would be quest of the gentleman from New Mr. Speaker, I am pleased to an- possible this year to suspend votes on York? nounce we have concluded the legisla- this important Tuesday. There was no objection. tive business for the week. The House I know that the gentleman from New f will next meet on Monday, September York (Mr. ENGEL) will agree that is 14, at 10:30 a.m. for morning hour and easier for me than for the gentleman. AMENDMENT PROCESS FOR at 12 o’clock noon for legislative busi- And let me just, if I may, express my DOLLARS TO CLASSROOM ACT ness. We do not expect any recorded regret and apologies to the gentleman (Mr. SOLOMON asked and was given votes before 5 p.m. on next Monday. for the inconvenience. permission to address the House for 1 On Monday, September 14, we will Mr. ENGEL. Mr. Speaker, if the gen- minute.) consider a number of bills under sus- tleman would further yield, if I may Mr. SOLOMON. Mr. Speaker, we have pension of the rules, a list of which will ask the majority leader one further a number of important issues coming be distributed to Members’ offices this question. before the House in the next 3 weeks. afternoon. Would it not be possible to perhaps The Committee on Rules is planning On Tuesday, September 15, and hold votes on Tuesday, hold votes over to meet the week of September 14 to throughout the balance of the week, until Wednesday, to do the debates on grant a rule which may limit the the House will consider the following Tuesday, as we so very often do, but amendment process on H.R. 3248, the legislation: not have the votes actually held until Dollars to the Classroom Act. H.J. Res. 117, a resolution expressing Tuesday? Any Member who wishes to offer an the Sense of the House that marijuana That would not slow down the proce- amendment should submit 55 copies is a dangerous and addictive drug and dures of the House or the ability of the and a brief explanation of the amend- should not be legalized for medicinal House to do the kinds of work that we ment by 12 noon on Wednesday, Sep- use; need to do, but it would be fairer to tember 16, to the Committee on Rules, H.R. 4006, the Lethal Drug Abuse Pre- have the actual votes on Wednesday. at Room H–312 in the Capitol. vention Act; Mr. ARMEY. Mr. Chairman, if the Amendments should be drafted to the The Drug Demand Reduction Act of gentleman would continue to yield, I text of the bill as reported by the Com- 1998; would say to the gentleman from New H.R. 4300, the Western Hemisphere mittee on Education and the Work- York (Mr. ENGEL) I do not believe that Drug Elimination Act. force. The report will be filed today. is possible, given the structure of the We will also consider H.R. 3736, the work that we have before us for that f Workforce Improvement and Protec- day. ELECTION OF MEMBER TO tion Act of 1998; and H.R. 3248, the Dol- But I will again, out of consideration COMMITTEE ON THE JUDICIARY lars to the Classroom Act. for the gentleman from New York and Mr. Speaker, we are also hoping to go others as well, I will see what and if Mr. FAZIO of California. Mr. Speak- to conference on several appropriations some accommodation can be made, and er, at the direction of the Democratic bills and perhaps get a few conference I will get announcements to their of- Caucus, I offer a privileged resolution reports completed next week. We hope fices as soon as I can determine so. (H.Res. 530) and ask for its immediate to conclude legislative business for the Mr. FAZIO of California. Mr. Speak- consideration. week by 2 p.m. on Friday, September er, reclaiming my time, if I could ask The Clerk read the resolution, as fol- 18. further of the majority leader, could he lows: Mr. FAZIO of California. Mr. Speak- give us some understanding as to which HOUSE RESOLUTION 530 er, reclaiming my time, I yield to the days the bills that he listed are ex- Resolved, That the following named Mem- gentleman from New York, who has pected to come to the floor? ber be, and is hereby elected to the following some questions about their primary. Mr. ARMEY. If the gentleman would standing committee of the House of Rep- Mr. ENGEL. Mr. Speaker, on Tues- yield further, I would expect that we resentatives: day, New York has a primary, and would do the work related to the work To the Committee on the Judiciary, THOM- other States as well. There are prob- on drugs, H. Res. 117, H.R. 4006, the AS M. BARRETT of Wisconsin. The resolution was agreed to. ably seven or eight States that have a Drug Demand Act, and H.R. 4300; we A motion to reconsider was laid on primary. would expect that we would occupy I happen to have a contested primary the table. most of Tuesday with that work. election, as some of my colleagues do In addition to that, of course we have f as well. I know in the past we have the Workforce Improvement and Pro- REMOVAL OF NAME OF MEMBER avoided having votes on a day that tection Act and the Dollars to the AS COSPONSOR OF H.R. 4006 States are having primaries, and I am Classroom Act. We would expect those wondering if the same consideration two bills to be taken up later on in the Ms. ROYBAL-ALLARD. Mr. Speaker, could be given to those of us in New week. I ask unanimous consent to have my York who have a primary. Because, ob- Let me again remind the gentleman, name withdrawn as a cosponsor of H.R. viously, if we are running for election, we will also be occupying a good deal of 4006. we cannot be here and we would miss the floor time with respect to going to The SPEAKER pro tempore. Is there votes. And again, it has been done for conference with some of the work re- objection to the request of the gentle- other States, and I am wondering if it lated to the appropriations bills. woman from California? could be done on Tuesday, as well. Mr. FAZIO of California. Mr. Speak- There was no objection. Mr. ARMEY. Mr. Speaker, will the er, reclaiming my time, if I could ask f gentleman yield? the gentleman, are there any late Mr. FAZIO of California. I yield to nights anticipated in next week’s LEGISLATIVE PROGRAM the gentleman from Texas. schedule? (Mr. FAZIO of California asked and Mr. ARMEY. Mr. Speaker, I thank Mr. ARMEY. Mr. Speaker, I appre- was given permission to address the the gentleman from New York (Mr. ciate the inquiry of the gentleman, and House for 1 minute.) ENGEL) for his inquiry; and I certainly I would say that at this point we do not Mr. FAZIO of California. Mr. Speak- appreciate the concern the gentleman anticipate there will be a need for any er, I rise to inquire about next week’s has. late nights. And, obviously, if we see schedule from the leader, the gen- Unfortunately, given the rush of something that changes, we will let the tleman from Texas (Mr. ARMEY). work we have yet to complete this year body know as soon as possible. September 11, 1998 CONGRESSIONAL RECORD — HOUSE H7609 Mr. FAZIO of California. Mr. Speak- offer remarks on behalf of the Congres- gether to arm and equip ourselves to fight er, one further, final question. sional Black Caucus. I want to share more effectively than ever before for those Could the gentleman give us any un- my remarks and a copy of Charlie’s who are too seldom victors, too often vic- derstandings as to which appropria- obituary with his friends across the tims.’’ Under Charlie’s leadership, we became a tions bills he expects to come before us Nation. formidable force in the United States Con- next week with motions to go to con- Charlie was a giant in the Black po- gress. One of our finest hours was the meet- ference with the potential of instruc- litical history of America. We extend ing with President Richard Nixon following tion for conferees and all that goes our deepest sympathy to his wife, Dar- our boycott of him for neglecting the legiti- with it? lene, and members of the Diggs family. mate needs and rights of black Americans. Mr. ARMEY. Mr. Speaker, I appre- He will never be forgotten. At this historic meeting, in his quiet, dig- ciate again the inquiry, and I am, un- The materials referred to are as fol- nified manner, Charlie Diggs told President fortunately, unable to give him that. lows: Nixon. ‘‘Our people are no longer asking for equality as a rhetorical promise. They are But if the gentleman would check with REMARKS OF THE HONORABLE LOUIS STOKES, demanding from the national administration the gentleman from Louisiana (Mr. MEMBER OF CONGRESS—A SPECIAL TRIBUTE and from elected officials without regard to LIVINGSTON), the chairman of the Com- TO THE HONORABLE CHARLES DIGGS party affiliation, the only kind of equality mittee on Appropriations, perhaps he Ebenezer A.M.E. Church, Fort Washington, that ultimately has any real meaning— could get a better read directly from MD, September 1, 1998 equality of results.’’ him about what his plans are with re- Darlene and members of the Diggs family. President Nixon’s failure to adhere to our spect to asking for time. I speak here today to pay tribute to a giant demands forced Charlie to make a dramatic in the black political history of America. I and brilliant move. He appointed the Diggs f speak on behalf of the 39 black Members of ‘‘shadow cabinet’’ which consisted of black Congress who inherit his legacy. The entire professionals who were experts in govern- ADJOURNMENT TO MONDAY, ment, and whom Charlie gave titles similar SEPTEMBER 14, 1998 Congressional Black Caucus, chaired by Con- gresswoman Maxine Waters, liken his pass- to that of each member of Nixon’s Cabinet. Mr. ARMEY. Mr. Speaker, I ask ing to the falling of a giant oak in the forest. Whenever a Nixon Cabinet member presented unanimous consent that when the Present today are Ms. Waters, Congressman an administration policy or position, the House adjourns today, it adjourn to Clay of Missouri, Albert Wynn of Maryland, Diggs ‘‘cabinet’’ counterpart would respond former Congresswoman Cardiss Collins, and from the black perspective. meet at 10:30 a.m. on Monday next for It was during this period of time that Vice morning hour debate. myself. Long before many of us came to Congress, President Spiro T. Agnew, while traveling in The SPEAKER pro tempore. Is there Charlie Diggs was a legend to us. Both his fa- Africa, verbally attacked America’s black objection to the request of the gen- ther’s and his own political career had made leaders and the Congressional Black Caucus. tleman from Texas? the Diggs name a prominent family name Under Charlie’s leadership, the caucus re- There was no objection. among blacks all over America. We, too, had sponded on the floor of the House. Charlie said, ‘‘Although his statements are very dif- f taken pride in 1955 in seeing this young State senator, join William L. Dawson and ficult to follow with any degree of logic, it is DISPENSING WITH CALENDAR Reverend Adam Clayton Powell, as Michi- not hard to understand that times and the gan’s first black Congressman. He hit the people have indeed passed him by—the mat- WEDNESDAY BUSINESS ON ter of black leadership is not within his prov- WEDNESDAY NEXT ground running in Congress and quietly es- tablished his reputation as a fighter for civil ince to decide.’’ Mr. ARMEY. Mr. Speaker, I ask and human rights. In two areas, Charlie’s legislative accom- unanimous consent that the business In the same year he was sworn in to Con- plishments will remain etched in history. Under his chairmanship of the House Dis- in order under the Calendar Wednesday gress, Charlie received national attention for monitoring the trial of two white Mississip- trict of Columbia Committee, home rule was rule be dispensed with on Wednesday established, giving the District of Columbia next. pians accused of murdering Emmett Till. Following the trial, he proposed that the the right to elect their own mayor and city The SPEAKER pro tempore. Is there representation in Congress from Mississippi council for the first time in more than a cen- objection to the request of the gen- be reduced. He also called upon President Ei- tury. He also authored the legislation creat- tleman from Texas? senhower to call a special session of Congress ing the University of the District of Colum- There was no objection. to consider civil rights issues. bia. The other area was his tenure as chair- man of the Subcommittee on African Affairs. f Charlie endured fire bombings at homes he was staying in in Selma and Mississippi He was acknowledged and respected by ev- eryone as Capitol Hill’s foremost elected of- TRIBUTE TO CHARLES C. DIGGS while taking up the cause of tenants being evicted from a slum. He investigated racial ficial on Africa. He was loved all over Africa. (Mr. STOKES asked and was given disputes at a Job Corps camp and in the So, Charlie, we benefitted from your lead- permission to address the House for 1 United States Army. In fact, Congressman ership, your friendship, your letters, your minute and to revise and extend his re- William Clay, who would not come to Con- phone calls and your visits. You walked tall marks.) gress until 1969, was one who was affected by and quietly carried a big stick. Good night, Dean. We’ll miss you. Mr. STOKES. Mr. Speaker, I rise to this. In his book entitled, ‘‘Just Permanent Interests,’’ Clay first speaks of ‘‘Diggs’ long advise the House of the recent passing OBITUARY of our former colleague and friend, and glorious career,’’ and then tells that ‘‘In late 1954, when I was a member of the Army Charles C. Diggs, Jr., State Senator, Con- former Congressman Charles C. Diggs, Chemical Corps, stationed at Fort McClel- gressman and Mortician, was born December Jr. Former Congressman Diggs passed lan, Alabama, I was prompted to call upon 2, 1922, and departed this life August 24, 1998. on August 28, 1998. him for assistance even before he was sworn He was the only child of the late Mayme E. Charlie Diggs was elected to the into Congress.’’ Jones Diggs and Charles C. Diggs, Sr. The United States Congress from Michi- Between 1955 and 1968 John Conyers, Rob- Diggs Seniors were Morticians, pioneers in gan’s 13th Congressional District in ert Nix and Augustus Hawkins had come to business, public service and community ac- 1954. He was Michigan’s first black Congress. So, in 1969 when Bill Clay, Shirley tivists. Member of Congress. Chisholm and I came to Congress, for the Charles C. Diggs, Jr. began his political ca- first time in history there were nine black reer in 1951 when he was elected to the During his Congressional career, he Congresspersons. By 1971, we had been joined Michigan State Senate. The youngest mem- was one of the founding members of the by Charlie Rangel, Ron Dellums, Parren ber of the Senate, he served a total of two Congressional Black Caucus and served Mitchell, George W. Collins and Ralph terms. During this tenure, he compiled a as the first chairman of that group. Metcalfe. This was the beginning of the Con- record that brought the admiration of lead- gressional Black Caucus and we elected ers throughout the state. An advocate and b 1215 Charlie Diggs as our first chairman. firm supporter of social legislation, he did He is also credited with establishing Charlie’s speech at our first Congressional much to assist Governor G. Mennen Williams home rule for the District of Columbia, Black Caucus dinner in 1971 established the promote a constructive program of human as well as authoring legislation to cre- creed under which the Congressional Black relations for the state. He was instrumental Caucus exists. He said, ‘‘We meet to assert in pushing legislation through the Senate ate the University of the District of the common bonds that unite men and that brought about good business and labor Columbia. women of all races, creeds and generations relations, compulsory school attendance, and Mr. Speaker, at the funeral services who share a fierce determination to liberate a re-evaluation of restrictions to age limita- for Charlie Diggs, I was honored to the legions of the oppressed. We come to- tions on voting. H7610 CONGRESSIONAL RECORD — HOUSE September 11, 1998 In 1954, his popularity in his state as a minute and to revise and extend his re- minute and to revise and extend his re- leader led him on to defeat the favored in- marks.) marks.) cumbent, George O’Brien. He then became Mr. GILMAN. Mr. Speaker, I rise Mr. GIBBONS. Mr. Speaker, the the Democratic candidate for Congress from today to strongly condemn the ongoing strength of this country lies in its fam- the Thirteenth District. Arriving in Wash- violence in Cambodia and to express ington as a federal legislator, he found it rel- ilies, not in its bureaucracy back here atively easy adjusting to what he described my support for the brave Cambodian in Washington, D.C., yet the current as ‘‘the way of life on Capitol Hill.’’ He also citizens opposing the tyranny and op- Federal Tax Code penalizes a husband found time to utilize his literary skills, serv- pression of the Hun Sen government. and wife for jointly filing their tax re- ing as radio commentator on a program In the last week’s violence in Cam- turn. It also penalizes seniors over 65 sponsored by the House of Diggs, Inc., and bodia, government forces have sense- who earn more than $15,500 by with- their insurance company. He was the owner lessly killed, maimed and harassed holding their Social Security benefits. and president of the House of Diggs, which peaceful street demonstrators who are Also, the self-employed can only de- was recognized as the state’s largest funeral protesting allegations of election duct 45 percent of their health insur- home. fraud. This has to stop. Hun Sen and As a Congressman, he identified himself ance premiums, instead of 100 percent, with the problems of the Southern Blacks. his government must understand that which is the same tax deduction for This association resulted in his being de- his violent actions are not without anyone who does not have employer- scribed as the ‘‘Mississippi Congressman-at- consequence. The violence must stop, subsidized health insurance. large.’’ In 1955, as a freshman Congressman, fundamental human rights must be re- Unfortunately, many of our col- he was propelled across the international stored, allegations of election fraud leagues on this side of the aisle believe scene by his attendance at the Emmit Till must be investigated and an equitable that enacting tax cuts would be equiva- murder trial in Mississippi, next to power sharing agreement must be lent to throwing money away. Issaquena County where his father was born found. and grandfather, Reverend James J. Diggs, Mr. Speaker, hard-working families I call upon the Clinton Administra- are losing touch with their children be- founded the Woodland Baptist Church. tion to provide leadership in the cause Charles was a staunch supporter of the Civil cause they must work two and three Rights Movement and wrote legislation sup- of democracy and human rights. The jobs just to pay the bills. Why should administration’s absence on this issue porting the movement. During his first four American families have to apologize to has been felt. years in Washington, he was assigned to the Washington bureaucrats for keeping To the forces of democracy in Cam- House Veterans Affairs Committee. He also some of their hard earned money? Most served on the House Interior and Insular Af- bodia, be assured that the world is fairs Committee promoting Statehood for watching. You do not stand alone in Americans would agree that buying Alaska and Hawaii. In 1959, he became the your quest for justice, for human groceries, paying the house mortgage first Black Member of Congress to serve on rights and for freedom. payment, taking a family vacation or the House Foreign Affairs Committee. One of just saving for their family’s future, is f the prime considerations at the time was to not throwing money away. authorize establishment of the Peace Corps. CONGRESS MUST RENEW FAST- Let us give American families a Because of his strong support, he later be- TRACK meaningful tax break. Let us give them came Chairman of the Subcommittee on Af- the opportunity to use their money on rica. (Mr. BARRETT of Nebraska asked Congressman Diggs attended all the Demo- and was given permission to address their family. cratic National Conventions beginning in the House for 1 minute and to revise f Chicago in 1957. He traveled throughout the and extend his remarks.) NATURAL DISASTER RELIEF U.S.A. speaking on behalf of the Kennedy/ Mr. BARRETT of Nebraska. Mr. Johnson ticket. In 1969–1970, he was the NEEDED FOR SYRACUSE AND Speaker, shortly the House may help CENTRAL NEW YORK founding Member and first Chairman of the bring around a better future for Amer- Congressional Black Caucus. In 1973, he be- ican agriculture when we vote to ex- (Mr. WALSH asked and was given came the Chairman of the House District tend fast-track negotiating authority. permission to address the House for 1 Committee and in less than a year, he per- minute and to revise and extend his re- suaded Congress to grant District citizens The best way to secure a better eco- the right to elect their own Mayor and City nomic future for agriculture is to ex- marks.) Council for the first time in over a century. pand our export markets overseas. Mr. WALSH. Mr. Speaker, Monday Home Rule, the establishment of the Univer- With just 4 percent of the world’s popu- morning, Labor Day, about 1 a.m., my sity of the District of Columbia, the Fred- lation, U.S. agriculture must export in family and I awoke to a storm of such erick Douglas Home designation as a Na- order to remain a viable industry. magnitude and destruction that I have tional Historical Site are all chiefly the re- Nearly one-half of the wheat produce in not witnessed in my 50 years in my sults from that Committee and his Chair- this country is exported. Thirty per- hometown of Syracuse. When it abated, manship. two were killed, dozens were injured, Congressman Diggs is a double life member cent of the feed grains and cotton is ex- of the NAACP, and a member of the ported. There are estimates that 47 per- with millions of millions of dollars of Tuskegee Airmen, East Coast Chapter and, cent of our soybean crop will be ex- property damage to homes and busi- has received numerous awards and recogni- ported. One out of every three acres we nesses. tions. His congressional papers were given to plant in this country is dedicated to The next morning I toured the city Howard University’s Moorland-Spingarn Re- exports. with Governor Pataki, Mayor Bernardi search Center. In Detroit, he was a member That is why Congress must dedicate and County Executive Pirro, and was of Hartford Memorial Baptist Church. In itself to step boldly into world trade absolutely amazed at the power and 1986, he became a member of Ebenezer the breadth and the destruction of the A.M.E. Church in Fort Washington, Mary- negotiations next year. Congress must land, where he accepted Christ as his per- work with the administration to get storm. That morning also I spoke with sonal Savior and maintained strong religious lower foreign tariffs for agriculture James Lee Witt, the highly competent ties until his death. goods; stop or limit the use of foreign director of FEMA, who had been in dis- Congressman Charles C. Diggs, Jr., is sur- trading enterprises used to block or un- cussions with our State Director, Mr. vived by his wife of 15 years, Darlene Expose derbid our U.S. exports; stopping the Jacobi, and I urged him, as I did Presi- Diggs; six children: Charles C. Diggs, III, use of sanitary and phytosanitary dent Clinton in a letter the following Denise Diggs Taylor, Alexis Diggs Robinson, measures to block U.S. exports; and to day, to please hurry as quickly as pos- Douglass J. Diggs, Carla Diggs, and Cindy sible to make the determination nec- Carter Diggs; 13 grandchildren: Charles IV, increase foreign tariff rate quotas. Nicole, Diamond, Dorian, Dominic, Itta, Jua- Mr. Speaker, fast-track is a no- essary to declare Syracuse, central nita, Marshall, Alexandria, Ryan, Evan, Jon- brainer for American agriculture. Pass New York and nine other counties a athan, and Jacqueline; and a host of rel- fast-track. Federal disaster area. atives and friends. f f f AMERICAN FAMILIES NEED FULFILLING THE RESPONSIBIL- VIOLENCE IN CAMBODIA MEANINGFUL TAX RELIEF ITIES OF THE CONSTITUTION (Mr. GILMAN asked and was given (Mr. GIBBONS asked and was given (Mr. BLUNT asked and was given permission to address the House for 1 permission to address the House for 1 permission to address the House for 1 September 11, 1998 CONGRESSIONAL RECORD — HOUSE H7611 minute and to revise and extend his re- nounced policy of January 7, 1997, and So impeachment is the proceeding marks.) under a previous order of the House, that this body goes about beginning Mr. BLUNT. Mr. Speaker, today we the following Members will be recog- today. It is not about polls, it is not took the first vote in what may be a se- nized for 5 minutes each. about partisanship, it is not about per- ries of votes on how we deal with our f sonal opinion. It is about whether a constitutional responsibility. It was an Under a previous order of the House, standard has been crossed, a threshold important vote, because it was a vote the gentleman from Michigan (Mr. has been reached, that requires this to be fully inclusive, not only of every CONYERS) is recognized for 5 minutes. body, the House, to issue articles of im- Member of the House, but to be as in- (Mr. CONYERS addressed the House. peachment, that then begin in effect a clusive as possible of every American. trial in the United States Senate. At this critical time for our country, His remarks will appear hereafter in the Extension of Remarks.) With the resolution that passed being open with the American people, today, and which I voted for, to receive f giving them a report that they paid the the report, to make it public, I now and bill to produce, letting them reach The SPEAKER pro tempore. Under a 434 other Members of this House be- their conclusions, as we reach our con- previous order of the House, the gen- come in effect grand jurors, because stitutionally required conclusion, is an tleman from California (Mr. RIGGS) is our responsibility is to determine incredibly important thing to do. recognized for 5 minutes. whether there is probable cause to vote The job of the Congress is to do what (Mr. RIGGS addressed the House. His the Constitution requires. The job of articles of impeachment that the Sen- remarks will appear hereafter in the the Congress is to do what the Con- ate then takes up. That requires under Extensions of Remarks.) stitution requires and what is best for the Constitution that we weigh all the country. As the American people f facts and we measure whether the of- enter into that job with us, I know we SOLEMN CONSTITUTIONAL RE- fense is indeed grounds for impeach- want to be prayerful, not only for SPONSIBILITIES PLACED UPON ment. Members of Congress, but we want to CONGRESS I support making these documents public. The first report will be made be prayerful for President Clinton and The SPEAKER pro tempore. Under a his family and for the United States as public this afternoon, and then subse- previous order of the House, the gen- we do what the Constitution requires. quent reports after review by the Com- tleman from West Virginia (Mr. WISE) We are a system of law. mittee on the Judiciary. I would have is recognized for 5 minutes. f preferred, yes, that indeed the Presi- Mr. WISE. Mr. Speaker, I believe dent had been granted an opportunity OPPOSE PROPOSED REMOVAL OR that the greatest responsibility that a to review what is in the report, in the BREACHING OF DAMS Member of Congress can face is the same manner that this body has per- (Mr. NETHERCUTT asked and was question of whether or not to go to mitted review by other officials that given permission to address the House war, to commit men and women of this have been in similar situations in dis- for 1 minute and to revise and extend country to armed conflict. The next ciplinary actions. his remarks.) greatest responsibility after that is the Mr. NETHERCUTT. Mr. Speaker, I matter of impeachment of the Presi- b 1230 want to again voice my opposition to dent of the United States. With the de- If the choice is between making pub- the proposed removal or breaching of livery of the report by Kenneth Starr, lic and not making public, it should be dams on the Snake and Columbia Riv- the special prosecutor, to this body, made public. I just ask that all of us ers in Washington State. Some advo- that process of deliberation began, so a remember that this report is not a cate that these dams be destroyed in new set of rules, a new stage is set for guaranteed statement of fact; it is alle- an effort to restore wild salmon runs. the 435 Members of this House of Rep- gations by the special counsel, and I am concerned about recovery of resentatives, and it is every bit as sol- that the hearings that will be held will wild salmon runs, but I also believe emn and every bit as important and that we must not destroy our multiple flesh that out further, the extent to every bit as somber as those delibera- which they are valid, the extent to use river system that has been created tions that this body has had to make in over the past 40 years. I seek to imple- which they can be challenged, and that matters of war. Remember, it has only no one should be rushing to snap judg- ment a salmon recovery plan that is been several times in our Nation’s his- science-based, maintains a healthy en- ment in a serious moment like this. tory that we have been to this stage. This is the second time this century vironment for other fish and wildlife Mr. Speaker, I do not know at this that this process has taken place. This species, but balances the needs of our moment what are the allegations in cannot be a rush to judgment via polls local economy and our rural way of life the report that Mr. Starr delivered to or talk shows or whatever the public in the Northwest. the Congress. To my knowledge, per- whims are. There are serious environmental ef- haps just a few people know, and no So we approach this carefully and se- fects of replacing hydroelectric power one in this body knows. Soon the world riously with due deliberation and re- with fossil fueled generation. Dams are will know via the Internet. We will all flection. a clean and renewable energy resource. be reading and reviewing. To replace this source of electricity I do know that what the President f with natural gas fired turbines would has admitted to is wrong and distress- add thousands of tons of pollutants and ing. I do know that the allegations in ANNOUNCEMENT BY THE SPEAKER chemicals into the atmosphere annu- the report, which I have not seen, may PRO TEMPORE ally. We must examine all sources of fish be even more disturbing. There is no The SPEAKER pro tempore (Mr. loss. Ocean conditions, predator popu- excuse for the already-admitted errors SHIMKUS). The Chair must remind lations and over-harvesting on the in the President’s personal conduct, Members to avoid personal references river have yet to be fully addressed. and that is something I think that all to the President. It is no longer per- Salmon recovery can be accomplished Americans, including the President of missible to debate the information ad- using developing technology and sen- the United States by his very state- dressed by House Resolution 525. ments today, as well as in previous sible harvest limits. Damn removal f will irreversibly remove jobs, harm the days, concur in. The SPEAKER pro tempore. Under a economy and the environment, while That is not going to be the issue in previous order of the House, the gentle- the benefits to the salmon would re- front of this Congress and in front of woman from the District of Columbia main uncertain. this House of Representatives. The (Ms. NORTON) is recognized for 5 min- f issue will be somewhat the President’s personal conduct. The issue though, utes. SPECIAL ORDERS more significantly, is whether it is (Ms. NORTON addressed the House. The SPEAKER pro tempore (Mr. grounds for impeachment of the Presi- Her remarks will appear hereafter in SHIMKUS). Under the Speaker’s an- dent. the Extension of Remarks.) H7612 CONGRESSIONAL RECORD — HOUSE September 11, 1998 A TRIBUTE TO TWO OUTSTANDING Goldwater, and it was during an hon- Our President has made a mistake; he has CITIZENS FROM THE STATE OF est, open dialogue and discussion, lis- admitted as much himself. Our President has ARIZONA tening to citizens of Arizona when apologized to our country; the Congress, his The SPEAKER pro tempore. Under a John Cox leaned over to me and whis- family, and the other affected individuals and previous order of the House, the gen- pered in my ear, I have something for groups in this sad matter; he reiterated that tleman from Arizona (Mr. HAYWORTH) you that I would like you to have that just this morning. In the maelstrom of events is recognized for 5 minutes. I believe will mean far more to you. of the past few days, it is sometimes difficult Mr. HAYWORTH. Mr. Speaker, I rise Even though it has great meaning for to remember or recall exactly what the Presi- this afternoon in the wake of a momen- me, I know it will have far more of a dent has done for our country. For example: tous vote to discuss not what lies meaning to you. Our President has boosted the economy of ahead but to remember two who have Mr. Speaker, what John Cox gave me our nation. During President Clinton's term in gone before, from my great State of Ar- are the little replica of glasses I wear office, more jobs have been created, unem- izona. I first pay tribute this afternoon on my lapel just above my Congres- ployment has hit all-time lows, the stock mar- to Governor Jack Williams, a dedicated sional pin, glasses that symbolize alle- ket has spiraled to unprecedented highs, and public servant who served as Governor giance to Barry Goldwater in the 1964 the budget has been balanced. In Detroit, of Arizona during challenging times campaign. John Cox’s gesture bespeaks President Clinton was key in ensuring the es- from the mid-1960s on through the what is good about our political proc- tablishment of the Empowerment Zone, and in early 1970s, an effective leader, a true ess because in this chamber, even in sending millions of federal funds that will pro- public servant, who reminded us all these challenging days ahead, there vide for decent housing for senior citizens, that public service is not always equat- will be honest disagreements, sincerely better roads and safer bridges to drive on, and ed with public office. held, passionately stated. Our Found- improved access to health care for all. Jack Williams, for many years before ers experienced the same, in what Our President has helped to make our serving as Governor of Arizona, was a Catherine Drinker Bowen calls the Mir- streets safer. Under President Clinton, the City broadcaster. Mr. Speaker, his repeated acle at Philadelphia when they put to- of Detroit has received a significant increase broadcasts on KOY radio were a source gether the document which we swear to in police officers patrolling the beat and dedi- of inspiration and amusement to his uphold and defend and indeed whose cated to community-based policing. Under fellow Arizonans and every day he very presence we are mindful of today President Clinton, the Brady Law has kept at the outset of such momentous pro- would conclude his broadcast com- handguns out of over 20,000 potential felons. ceedings. mentary with a sign-off saying, ‘‘It is a Under President Clinton, the stronger assault The examples of John Cox and Jack beautiful day in Arizona. Let us all Williams suit all Americans. That is weapons ban has saved innumerable lives enjoy it.’’ and made the City of Detroit and our nation a Arizonans enjoyed unparalleled eco- why I pay tribute to them today and that is why they will not be soon for- safer place to live. nomic prosperity during the adminis- Our President has begun to provide invest- gotten. tration of Governor Jack Williams. He ment in Africa. President Clinton was the first f was a dedicated results-oriented leader, President in a generation to visit the land of all but more than that, he was one who lis- WE MUST BE FAIR AND NON-PAR- of our birth, Africa. He stood in the dome of tened to all Arizonans, one who never TISAN IN JUDGING OUR PRESI- the site where perhaps my ancestors were developed the trappings or the arro- DENT taken in chains to the United States. President gance of office; instead, always dedi- The SPEAKER pro tempore. Under a Clinton has fostered and used the strength of cated himself to the ideals of true pub- previous order of the House, the gentle- his office to ensure that Congress and private lic service, whether as a broadcaster or woman from Michigan (Ms. KIL- industry include Africa on its list of inter- later a mayor or finally as governor of PATRICK) is recognized for 5 minutes. national development and investment. the great State of Arizona. Ms. KILPATRICK. Mr. Speaker, twenty In closing, let me repeat that I do not con- Because of Governor Williams’ ef- months ago, Members of the 105th Congress done the actions to which the President has forts, we remember him today and we took our collective oaths of office. In that oath, admitted. While we all strive for perfection and can honestly say, there is a great fu- we have sworn to uphold and defend the Con- purity, there is not a single soul who is perfect, ture for Arizona. Let us all enjoy it. stitution of the United States. As such, it is not clean or untarnished. The President has Mr. Speaker, despite the fact that our option, but our obligation to the American apologized for the errors of his ways. those in the punditocracy in the light people to deliberate the issues and informa- While I understand that impeachment is of current events and other procedures tion that are presented before us in hearings, second only to declaring war in Constitutional would say that the culture of Washing- Committee mark-ups, or during floor debate, importance, Congress still has work to do. We ton has somehow denigrated, has some- and weigh them in an unbiased and clear have not solved the problem of those senior how deteriorated, until the politics of fashion before voting on the issue of the day. citizens, unemployed persons or the poor who personality, I would make this observa- Our votes on items both mundane and vital go to the hospital and cannot afford health in- tion, for I rise today also to remember must come in a context of what is best for our surance. We have not solved the problem of another Arizonan, not a member of my respective constituencies and our nation. those persons who have mental illness and party, not one who subscribed to the Today, Congress voted to release the Re- wander our nation's streets. We have not conservative philosophy to which I ad- ferral from the Office of the Independent solved the problem of our crumbling and dete- here, but one who I believe needs to be Counsel. Like my colleagues, I soberly await riorating elementary, secondary and high recognized. His name was John Cox. He its arrival to my office. I promise my constitu- schools. We have not solved the problem of aspired to service in this chamber and, ents, the residents of the great State of Michi- our frayed social safety net. It is important that Mr. Speaker, just last week, he passed gan, and the citizens of our country, that I will Congress seriously weigh and analyze this re- away, even as he had made plans again read, analyze, and review this report, like all of ferral, but not neglect the people's business. to challenge my good friend and col- the bills and reports that come before me, with We have tough decisions to make; the consid- league, the gentleman from Arizona great care. While it would be sheer folly of me eration of this referral should not, and must (Mr. SALMON) in the First Congres- to arrive at any conclusion before I have had not, push the concerns of our senior citizens, sional District of Arizona. the opportunity to review the record from the working families, and the poor aside. John Cox was not a man with whom Independent Counsel and its rebuttal by the f I agreed but, Mr. Speaker, he was a Executive Branch, I would like to use this op- man whose company I enjoyed. Indeed, portunity to make one thing clear: our Con- FAREWELL TO SYDNEY SEAWARD the last time we had a chance to get stitution demands that we provide a fair and The SPEAKER pro tempore (Mr. SHIMKUS). together was at one of the great pro- non-partisan venue for the consideration of im- Under a previous order of the House, the gen- grams that has been run nationally, peachment. Regrettably, the resolution that tlewoman from Texas (Ms. JACKSON-LEE) is where Americans got together to dis- was voted on today did not provide that con- recognized for 5 minutes. cuss the future of Social Security. sideration. It is my sincere hope, wish and de- Ms. JACKSON-LEE of Texas. Mr. Speaker, That meeting was scheduled in the Val- sire that from this point onward, Congress acts in coming to this House, there are many times ley of the Sun in the days immediately in a way in which the founding fathers not just that we talk about issues of State, sometimes following the passing of Senator Barry desired, but decreed. issues of war. But maybe it makes us more September 11, 1998 CONGRESSIONAL RECORD — HOUSE H7613 human to come and discuss friends that we what is known as Whitewater. Well, at least 3 people were killed when Indo- will miss. So even after this day of vigorous some of us know what it is in the inde- nesian armed forces fired on a crowd of debate, reaffirming the Democratic tenets of pendent counsel’s report. Indications pro-independence demonstrators on the this Nation, I come this afternoon to pay trib- are that after 4 years of investigations Island of Biak. ute to a fallen personality, one respected and and $40 million of taxpayers’ money, no Since 1962, Mr. Speaker, the people of admired by her Houston community, and that crimes related to Whitewater were West Papua have been under the occu- is Sydney Seaward, one of the anchors of committed by the President. pying authority of Indonesia. Over the Channel 51, coming to that station in 1993. So how did we get from there to past 3 decades the use of excessive and Someone on the national level might not where we are today? The independent lethal force has been a feature of the have heard of Ms. Seaward. One did not see counsel took it upon himself to expand Indonesian armed forces’ response to her on the national 6 o'clock news. She did his investigation to allegations pre- both peaceful and armed opposition by not reach CNN. She was a local anchor. But sented to him that the President had the people of West Papua. her cause and her personality deserve tribute an extramarital affair. With tapes in b 1245 in this body. She was an American in the true hand, he went to the Attorney General The recent events in West Papua sense of the word, for she never said never. asking for authority to continue to ex- have only served to underscore the bru- She died recently of cancer, but the cancer pand his investigation, which she tality with which the aspirations of the became a challenge to educate, to embrace granted. Today we have a report within West Papuan people are being sup- life, to teach others, to not give up. our jurisdiction, and I fail to see why She touched me in a special way. Beyond pressed by the new regime which took we are in such a rush to release it with- power after the resignation of Presi- her responsibilities as a news person, she al- out giving the President— ways gave me the sense that she would, in dent Suharto. ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Mr. Speaker, the recent violence of fact, survive. A coworker said that everyone The SPEAKER pro tempore. The gen- enjoyed Sydney, and of course, some would the Indonesian government against the tleman will suspend. people of West Papua is part and parcel say that that word is used like ``nice.'' But The gentleman must be reminded frankly, if it is said in earnestness, it means of a long history of Jakarta’s oppres- that there should be no references to sion. Papuan people are not Indo- something. The coworker said, she was a nice the President or personal allegations in part of the day. She made people's days. She nesians, they are Melanesians. Their any debate or discussions on the floor country is not naturally a part of Indo- took time to personally talk to people and hear of the House. them out. She was, in fact, a leader in her nesia, which is more than 2,300 miles The gentleman may proceed. away across the ocean, with many is- trade. Most of all, she was sensitive and she Mr. FALEOMAVAEGA. Mr. Speaker, was willing to overcome her own doubts. land nations in between. West Papuan I believe I was saying it in the third languages, religions, history, identity, When this disease was diagnosed her first re- person; I was not making it directly to sponse I imagine was disbelief and turning in- and customs are their own, and bear no any person in particular. relation whatsoever to the rest of Indo- ward, until she realized that she could play a The SPEAKER pro tempore. If the special role in educating women and the com- nesia. gentleman will suspend, references or These two nations were cobbled to- munity about cancer, its devastation, but also inferences are not to be made on the gether in 1969 to serve the foreign pol- one's ability to survive. floor of the House and should be avoid- For that reason, Mr. Speaker, I come to sa- icy interests of our own Nation and its ed. The gentleman may proceed. ally, Indonesia. Indonesia took over lute Sydney Seaward for what she has done Mr. FALEOMAVAEGA. Mr. Speaker, for our community, but, in fact, how she exem- West Papua New Guinea in 1963, sup- such an approach seems fair to me, and pressing the West Papuan New Guinea plifies what America is all about. It is, in fact, I regret that the rule being offered the can-do attitude. It is, in fact, the recogni- dreams of freedom and self-determina- today does not offer that consideration tion. There was no natural reason for tion that we live in the most wonderful Nation to the President. in the world. With all of its ills, with all of our this union, so it should come as no sur- INDONESIA’S HUMAN RIGHTS VIOLATIONS disagreements, we can embrace the right that prise that it is unraveling. AGAINST THE PEOPLE OF WEST PAPUA Since Indonesia took over West we live in freedom. Mr. Speaker, once again I would like Papua New Guinea, the native people Sydney Seaward exemplified the fact that to call the attention of my colleagues she was proud to be an American. She took have suffered under one of the most re- to an ongoing struggle presently being her lumps along with her successes. She took pressive and unjust systems of colonial waged many miles away in the Pacific her downs with her ups. She took her good occupation in the it 21st century. The by the people of West Papua New Guin- days with her bad days. She took her sunny Indonesian government has waged an ea, or Irian Jaya, as it is known by the days with her rainy days. And she said to us, ongoing war against the ‘‘Free Papua Indonesian government. In July, the whatever comes your way, remember, we are movement’’ and their supporters since attention of the world was focused, all blessed to be living in freedom, we are all the 1960s. The civilian populace that however briefly, on the immense trag- blessed to have the opportunity to fight what- has objected to Indonesia’s plans for edy caused by the Tsunami which ever we can fight to survive, and we are all development in West Papua has suf- caused the devastation of the coastal blessed to have been able to walk this way, to fered similar oppression. Mr. Speaker, incredible as it may have touched someone, and Sydney Seaward villages of Papua New Guinea. In the western half of the same is- seem, estimates are that between clearly touched our lives. Sydney, farewell. Thank you for all that you land, some miles away, agonies of an- 100,000 to 300,000 indigenous Melane- have done, and may you rest in peace. other sort were being experienced by sians, West Papuan New Guineans, f the people of Papua New Guinea. It is have been killed or have simply van- not my intent, Mr. Speaker, to detract ished from the face of the earth during SPECIAL COUNSEL INVESTIGATION in any way from the horror and the the years of Indonesian occupation. I BLATANTLY UNFAIR misery inflicted on the people of Papua hope my colleagues will appreciate the The SPEAKER pro tempore. Under a New Guinea by the disaster which suppression and the problems the West previous order of the House, the gen- wiped out their coastal villages. Rath- Papuan New Guineans are now going tleman from American Samoa (Mr. er, my concern is that we should not through with the Indonesian govern- FALEOMAVAEGA is recognized for 5 min- forget the devastation wrought by our ment. utes. own fellow human beings. Mr. Speaker, once again I would like to call Mr. FALEOMAVAEGA. Mr. Speaker, Mr. Speaker, I have spoken on pre- the attention of my colleagues to an on-going I wanted to take a moment today to vious occasions about the history of struggle presently being waged many miles express my feeling for the whole proc- the people of West Papua and about away in the Pacific by the people of West ess of the special counsel’s investiga- their struggle for independence from Papua, or Irian Jaya as it is known by the In- tion of the President for the past 4 Indonesia. On July 3, Indonesian armed donesia Government. In July, the attention of years that got us where we are today, forces fired on pro-independence dem- the world was focused, however briefly, on the and that is that it is blatantly unfair. onstrators at a university in Jayapura, immense tragedy caused by the Tsunami Mr. Speaker, 4 years ago the inde- the Capital of West Papua. On July 6, which devastated the coastal villages of pendent counsel began investigating more than 100 people were wounded and Papua New Guinea. H7614 CONGRESSIONAL RECORD — HOUSE September 11, 1998 In the western half of the same island, some to Indonesia's plans for development in West not serve on this, but the chairman in- miles away, agonies of another sort were Papua has suffered similar oppression. The vited me to listen, and I heard some of being experienced by the people of West thousands of killings associated with the ex- the witnesses. I think we all agree that Papua. It is not my intent, Mr. Speaker, to de- pansion of the freeport copper and gold mines the goal should be to find a way to help tract in any way from the horror and the mis- in West Papua are testimony to the brutality of Russia, but more importantly, what ery inflicted on the people of Papua New the Jakarta central government. has gone wrong with Russia’s economy, Guinea by the disaster which wiped out their Incredible as it may seem, Mr. Speaker, es- and how has the IMF’s policies affected coastal villages. Rather, my concern is that in timates are that between 100,000 to 300,000 the current economic state of Russia? the midst of the devastation wrought by nature indigenous West Papuans have been killed or As I have mentioned numerous times we should not forget the devastation wrought have simply vanished from the face of the in the past here on the floor, the eco- by our fellow human beings. Earth during the years of Indonesian occupa- nomic dilemmas in Asia, in Russia, are We can only respond after the fact to the tion. And this pattern of annihilation is being not due necessarily to excess capital- devastation brought by a Tsunami. We have continued by the regime of Mr. Habibie, de- ism but to the lack of controls, the the opportunity to respond with more imme- spite initial promises of reform. lack of policing in these nations, and diacy to the devastation which is caused by The current Government of Indonesia con- truly, not putting in place a free mar- our fellow human beings. tinues to choose a policy of repression, a pol- ket system. Mr. Speaker, I have spoken on previous oc- icy which disregards the rights of the indige- There is a great book by Michael casions about the history of the people of nous people of West Papua. Mr. Speaker, the Novak called The Spirit of Democratic West Papua and about their struggle for inde- tragic situation in West Papua is of great con- Capitalism. Mr. Novak talks about how pendence from Indonesia. On July 3rd, Indo- cern to me. The recent shooting over the pro- the need for successful capitalism in nesian Armed Forces fired on pro-independ- independence demonstrations in Jayapura and countries depends upon a culture, a ence demonstrators at a university in on the island of Biak, the violent responses culture of honesty and a culture in Jayapura, the capital of West Papua. On July which we have seen to pro-independence which, if honesty is not in place, the 6th, more than 1000 people were wounded demonstrations in towns and cities all across government polices it and makes sure and at least three people were killed when In- West Papua indicate that this new regime is corruption does not exist. It also talks donesian Armed Forces fired on a crowd of prepared to continue the repression of the about democracy, the freedom of a Na- pro-independence demonstrators on the island past. tion to elect its leaders, and it talks of Biak. One half of Papua New Guinea is still reel- about ownership of property. Both of these demonstrations were peace- ing from the worst natural disaster to hit the is- These three components make up ful, Mr. Speaker. They expressed the desire of land in recent memory. Whole villages and the every successful Nation that deals in the people of West Papua for a just resolution lives of the people in them have been com- the area of capitalism. But in this case, to the matter of their political status. Human pletely obliterated, wiped off the face of the Russia does not have in place a polic- Rights Watch has called for a full investigation Earth. In the other half of the same island, the ing system to stop corruption. into the shootings in Biak, where 140 citizens people of West Papua are suffering another Let me quote from Jim Hoagland, have been detained by the government and form of devastation. Their identity as a people who did an article entitled ‘‘Russia, a where there are reports that wounded detain- is being obliterated by a brutal regime thou- System that Prevailed and Failed.’’ He ees are being denied medical care and that sands of miles away. said, ‘‘The fundamental problem in I would hope that all my colleagues would their families are not being allowed to visit Russia, Indonesia, Malaysia, and else- join me in urging the Indonesian Government them. where was not that they went too far to cease these violations of human rights and Since 1962, the people of West Papua have in adopting American style capitalism, instead take immediate steps to review the po- been under the occupying rule of Indonesia. but these nations did not go far litical status of West Papua. The new regime Over the last three decades the use of exces- enough.’’ in Indonesia has an opportunity to correct the sive and lethal force has been a feature of the Then he went on later to talk about mistakes of the past, not repeat them. It Indonesian Armed Forces' response to both Russia, and he said, ‘‘Russia dem- seems to me that we have an obligation to peaceful and armed opposition. The recent onstrates the perils of trying to skim lend our support to this effort, and I urge my off the cream of a globalized economy events in West Papua have only served to un- colleagues to protest in the strongest possible without adopting the checks and con- derscore the brutality with which the aspira- terms these continuing violations of basic trols needed to restrain human appe- tions of the West Papuan people are being human rights by the new Government of Indo- tites and ambitions. Lacking in Russia suppressed by the new regime which took nesia. and Asia was an appreciation of the power after the resignation of President f Suharto. open and fair competition needed to Mr. Speaker, the recent violence by the In- THE INTERNATIONAL MONETARY police capitalism and to make it donesian Government against the people of FUND AND RUSSIA work.’’ West Papua is part and parcel of a long his- The SPEAKER pro tempore (Mr. That is the key. ‘‘Since its 1991 revo- tory of Jakarta's oppression. Papuan people SHIMKUS). Under a previous order of the lution, Russia has not developed a risk- are not Indonesian, they are Melanesian. Their House, the gentleman from Florida based entrepreneurial market econ- country is not naturally a part of Indonesia, (Mr. STEARNS) is recognized for 5 min- omy, and its institutions, to allocate which is more than 2,300 miles awayÐacross utes. rewards and pain through the effi- the ocean, with many island nations in be- Mr. STEARNS. Mr. Speaker, this ciency of the marketplace.’’ That has tween. West Papuan languages, religions, his- afternoon I come to the House floor to not been in place. tory, identity and customs are their own, and talk about the international money Mr. Speaker, not only have Russia’s bear no relation to those of Indonesia. fund and Russia. I think many of us are leaders failed in developing a free mar- These two nations were cobbled together in very deeply concerned about what is ket system, they have allowed pure, 1969 to serve the foreign policy interests of happening in Russia, and there have all-out corruption to guide Russia, and the United States and its ally Indonesia. Indo- been calls in the land to have Ameri- allowed the corrupters to steal billions nesia took West Papua in 1963, suppressing cans continue funding the inter- of dollars to create their own criminal the West Papua people's dreams of freedom national money fund, and the inter- fiefdoms. Official Russian corruption is and self-determination. There was no natural national money fund should help bail unmatched anywhere in the world. reason for this union, and so it should come out Russia. Experts say Russia is being plundered as no surprise that it is unravelling. But I come here this afternoon to through the sale of its natural re- Since Indonesia took over West Papua, the talk about what we really should do. sources. In a typical scheme, a seller, native Melanesian people have suffered under Secretary of Treasury Robert Rubin aided by corrupt officials, sells Russian one of the most repressive and unjust systems was quoted recently as saying, ‘‘At this commodities overseas for higher prices of colonial occupation in the twentieth century. point, we don’t have a Russian eco- than he reports to the government, and The Indonesian military has waged an on- nomic team. We don’t have a Russian pockets the difference. going war against the ``Free Papua Move- economic plan.’’ A Russian scholar compared reports ment'' (OPM) and their supporters since the That is unbelievable. We had, in the of such sales filed with the Russian 1960s. The civilian populace that has objected subcommittee, a hearing on this. I did government with known market prices September 11, 1998 CONGRESSIONAL RECORD — HOUSE H7615 of the same commodities. His findings the quality of life for all of the citizens and his four grandchildren, and he was are related on the chart that I have of Gaithersburg, and he made us very devoted to his mother, Juanita. here on the floor, Mr. Speaker. The dif- proud. We were very proud to be part of one ference in the chart represents the Ed was very proud that Gaithersburg of the many things that Ed and Sharon amount believed to have been stolen. was a very fiscally solvent city. He was did in the community. They had a holi- When we talk about crude oil, petro- a Republican, but he was a Republican day tradition where he and Sharon leum products, natural gas, and alu- who was bipartisan, in fact nonpartisan would serve members of the commu- minum, you can see the estimated ille- in working with businesses, elected of- nity at their home at a breakfast, and gal profits from commodity sales in ficials, organizations to serve all the they had the traditional pancakes pre- Russia. For 1995 alone, the estimated people. pared by his mother, Juanita. illegal profits from the sale of crude oil His vision led to the establishment of Ed’s loss leaves a void, particularly were $828 million, $1.5 billion in petro- the Wells Robertson house for transi- in the lives of his family. We offer our leum products, $1.2 billion in natural tional homeless, in response to a prob- prayers for Sharon, Paige, Patrick, his gas, and $900 million in illegal profits lem of homeless in Gaithersburg, giv- mother, Juanita, his sisters, grand- from aluminum sales. All told, the ing them the opportunity to prepare children, and all the family. Russian government lost $4.4 billion in for jobs and for transitioning into the At the memorial service on August revenue in 1995. city beyond the homeless shelter. 31, reflections on the life of Ed Bohrer With these facts of how Russia has been He established effective antidrug pro- were offered by Sidney Katz, Gaithers- plundered, how can the Clinton Administration grams. He was very much involved burg city council member; Roy Green, and the IMF continue to justify propping up the with the revitalization of the Gaithers- his brother-in-law; his son, Patrick failed Russian government by demanding burg Old Town, and he established Gai- Bohrer; the Board Chairman of the Ad- more money from hard-working U.S. tax- thersburg as a ‘‘character counts’’ city, ventist Health Care, Ron Wisbey; Te- payers. We have seen that the recent Russian a model for the Nation. We will sorely resa Wright, a community representa- bailout by the IMF amounting to $22.6 billion miss the beloved mayor, whom I called tive. I also had the honor of offering has been a failure. endearingly ‘‘Mr. Gaithersburger- some reflections. The IMF should suspend any additional pay- meister.’’ ments to Russia immediately and until there Most of all, we remember Ed Bohrer, b 1300 can be a consensus built whether any addi- the man. Each of us who knew him in What was so special was that the eu- tional funding would actually do any good for some way has been touched in a very logy was given by his wife. And it was Russia. Congress should continue withholding special, personal way by Ed Bohrer. We so filled with the warmth, enthusiasm, any additional funding to the IMF itself until have called him a mentor, because he humor, and compassion that character- Congress can determine if the IMF is increas- guided, helped, and cared. We recall his ized Ed, we all felt that he was there. ing the ``moral hazard'' by continuing its bail- pride and involvement on the athletic Everyone was deeply moved. outs. fields, cheering the young people. We Sharon stated she was following Ed’s Let me close, Mr. Speaker, by saying can almost see him now, wearing his request to deliver the eulogy. the IMF should suspend funding until hallmark outfit: loafers and no socks I stress that Ed Bohrer personified we find out how to stop corruption, and and chino pants. We were his class- the pillars of ‘‘Character Counts.’’ In in fact, Congress should not give fund- mates, his neighbors, his letter car- Congress we have a resolution encour- ing to the IMF until it understands riers, his school crossing guards, his aging States and localities to become how the IMF works in Russia. community police. We all knew that we ‘‘Character Counts’’ cities, States, and f were part of his leadership, his com- jurisdictions. Gaithersburg’s commit- mitment to community service. TRIBUTE TO ED BOHRER ment shows its effectiveness. Ed Bohrer was unpretentious with a Those pillars of ‘‘Character Counts’’ The SPEAKER pro tempore. Under sense of humor and a sense of values. are Respect, trustworthiness, fairness, the Speaker’s announced policy of Jan- He was loyal to his friends. He was a citizenship, caring and responsibility. uary 7, 1997, the gentlewoman from man of his word who believed passion- And, indeed, in this day when public Maryland (Mrs. MORELLA) is recognized ately that public service meant helping servants are judged not only by accom- for 60 minutes as the designee of the others. plishments but by character, Ed Bohrer majority leader. On August 30th, which was the eve of was truly a role model. Mrs. MORELLA. Mr. Speaker, on his funeral service, Ed lay in state in I talked with Ed on the phone at the Labor Day the city of Gaithersburg, the hallowed sanctuary of his church, hospital a few days before he passed which is the second largest city in my Epworth United Methodist Church in away. His wife, Sharon, had just congressional district, celebrated its Gaithersburg, Maryland. Well over washed his hair. He was filled with traditional Labor Day parade, one of 1,400 people passed through to pay trib- hope. I told him that I loved him, and the biggest parades in the State, and I ute to this man that they remembered I said that for all of us who knew him. would venture, probably in the region. so endearingly. Thornton Wilder wrote, ‘‘There is a It was the 60th parade. It was very appropriate because he land of the living and a land of the The parade was dedicated to the truly lived the prayer of the founder of dead, and the bridge is love—the only mayor, Ed Bohrer, who on August 27 at Methodism, John Wesley: ‘‘to do all the survival and the only meaning.’’ age 58 died suddenly. He was there in good you can, in all the places you can; Ed Bohrer will be missed, but he will spirit. I pay tribute to Ed Bohrer. in all the ways that you can; for as certainly live on in love and is our in- Ed Bohrer was a man of Gaithers- long as you can.’’ Pastor Reverend spiration. ‘‘We thank you, Ed.’’ burg, born and bred. He lived and loved Green in his homily celebrated the life in the town that he knew so well, and legacy of Ed Bohrer by citing ex- f where everyone knew each other and amples of his faith in his actions. everyone cared. He loved his native Ed Bohrer was a family man. He SPECIAL ORDERS GRANTED Gaithersburg, and he enthusiastically knew the values of family. I remember By unanimous consent, permission to nurtured his town into a community his pride when his wife, Sharon, grad- address the House, following the legis- which has become the second largest uated from Columbia Union College, lative program and any special orders city in the State of Maryland. when the children were adults. She was heretofore entered, was granted to: He was first elected mayor in 1986, getting a graduate degree, and in fact, (The following Members (at the re- after he had already served 10 years on I was the speaker. quest of Mrs. MEEK of Florida) to re- the Gaithersburg city council. He was a He and Sharon gave their children, vise and extend their remarks and in- man who truly believed in the people of Paige and Patrick, a loving home. clude extraneous material:) Gaithersburg. He was committed to his They have reflected in their lives that Mr. CONYERS, for 5 minutes, today. community, and he exhibited honor inspiration. He encouraged his son Mr. WISE, for 5 minutes, today. and integrity in all that he did. His Pat’s dedication to a law enforcement Ms. NORTON, for 5 minutes, today. leadership and achievements enhanced career. He was filled with joy for Paige Ms. KILPATRICK, for 5 minutes, today. H7616 CONGRESSIONAL RECORD — HOUSE September 11, 1998

Mr. OWENS, for 60 minutes, today. EXECUTIVE COMMUNICATIONS, 10842. A communication from the President (The following Members (at the re- ETC. of the United States, transmitting a request to Congress to consider expeditiously the re- quest of Mr. HAYWORTH) to revise and Under clause 2 of rule XXIV, execu- extend their remarks and include ex- quest for $3.25 billion in FY 1998 contingent tive communications were taken from emergency funding for year 2000 (Y2K) com- traneous material:) the Speaker’s table and referred as fol- puter conversion activities; (H. Doc. No. Mr. STEARNS, for 5 minutes, today. lows: 105—306); to the Committee on Appropria- Mr. MCINNIS, for 5 minutes, on Sep- 10833. A letter from the Administrator, Ag- tions and ordered to be printed. tember 14. ricultural Marketing Service, transmitting 10843. A communication from the President Mr. HAYWORTH, for 5 minutes, today. the Service’s final rule—Pork Promotion, of the United States, transmitting a report (The following Member (at the re- Research, and Consumer Information Order- on developments concerning the national quest of Ms. JACKSON-LEE) to revise Decrease in Importer Assessments [No. LS– emergency with respect to terrorists who and extend his remarks and include ex- 98–004] received September 3, 1998, pursuant threaten to disrupt the Middle East peace to 5 U.S.C. 801(a)(1)(A); to the Committee on process that was declared in Executive Order traneous material:) Agriculture. 12947 of January 23, 1995, pursuant to 50 Mr. FALEOMAVAEGA for 5 minutes, 10834. A letter from the Congressional Re- U.S.C. 1641(c); (H. Doc. No. 105—302); to the today. view Coordinator, Animal and Plant Health Committee on International Relations and Inspection Service, transmitting the Serv- f ordered to be printed. ice’s final rule— Animal Welfare; Marine 10844. A communication from the President EXTENSION OF REMARKS Mammals, Swim-with-the-Dolphin Programs of the United States, transmitting a continu- [Docket No. 93–076–10] (RIN: 0579–AA59) re- ation of the national emergency declared by By unanimous consent, permission to ceived September 2, 1998, pursuant to 5 Executive Order 12924 of August 19, 1994, to revise and extend remarks was granted U.S.C. 801(a)(1)(A); to the Committee on Ag- deal with the threat to the national security, to: riculture. foreign policy, and economy of the United (The following Members (at the re- 10835. A letter from the Legislative and States caused by the lapse of the Export Ad- Regulatory Activities Division, Comptroller ministration Act of 1979, pursuant to 50 quest of Mrs. MEEK of Florida) and to of the Currency Administrator of National U.S.C. 1641(c); (H. Doc. No. 105—303); to the include extraneous matter:) Banks, transmitting the Office’s final rule— Committee on International Relations and Mr. KIND. Extended Examination Cycle for U.S. ordered to be printed. Mr. ACKERMAN. Branches and Agencies of Foreign Banks 10845. A communication from the President Mr. LEVIN. [Docket No. 98–11] (RIN: 1557–AB60) received of the United States, transmitting a report Mr. HALL of Ohio. September 2, 1998, pursuant to 5 U.S.C. on the status of efforts to obtain Iraq’s com- Mr. GORDON. 801(a)(1)(A); to the Committee on Banking pliance with the resolutions adopted by the and Financial Services. Ms. PELOSI. U.N. Security Council, pursuant to Public 10836. A letter from the General Counsel, Law 102—1, section 3 (105 Stat. 4); (H. Doc. Mr. BENTSEN. Department of Housing and Urban Develop- No. 105—304); to the Committee on Inter- (The following Members (at the re- ment, transmitting the Department’s final national Relations and ordered to be printed. quest of Mr. HAYWORTH) and to include rule—Replacement Housing Factor in Mod- 10846. A communication from the President extraneous matter:) ernization Funding [Docket No. FR–4125–F– of the United States, transmitting notifica- Mr. CAMP. 02] (RIN: 2577–AB71) received September 2, tion to Congress that the security of the Mr. THOMAS. 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to the Albaina Embassy in Tirana has been en- Committee on Banking and Financial Serv- Mr. FRELINGHUYSEN. hanced; (H. Doc. No. 105—307); to the Com- ices. Mrs. ROUKEMA. mittee on International Relations and or- 10837. A letter from the Director, Office of dered to be printed. Ms. PRYCE of Ohio. Regulatory Management and Information, 10847. A communication from the President Mr. GILMAN. Environmental Protection Agency, transmit- of the United States, transmitting notifica- Mr. BOB SCHAFFER of Colorado. ting the Agency’s final rule—Modification of tion of the U.S. strikes in Afghanistan (The following Members (at the re- Significant New Use Rules for Certain Sub- against a series of camps and installations quest of Mrs. MORELLA) and to include stances [OPPTS–50631A, etc; FRL–6019–2] used by the Usama bin Ladin organization, extraneous matter:) (RIN: 2070–AB27) received August 25, 1998, and in Sudan where the bin Ladin organiza- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Mr. BAESLER. tion has facilities and extensive ties to the mittee on Commerce. government; (H. Doc. No. 105—308); to the Ms. HARMAN. 10838. A letter from the AMD-Performance Committee on International Relations and Mr. GILLMOR. Evaluation and Records Management, Fed- ordered to be printed. eral Communications Commission, transmit- Mr. KLECZKA. 10848. A communication from the President ting the Commission’s final rule—Examina- Mr. HILLEARY. of the United States, transmitting notifica- tion of Current Policy Concerning the Treat- tion to Congress that a Joint Task Force of f ment of Confidential Information Submitted U.S. military personnel from U.S. Central to the Commission [GC Docket No. 96–55] re- Command deployed to Nairobi to coordinate SENATE ENROLLED BILL SIGNED ceived September 2, 1998, pursuant to 5 the medical and disaster response assistance U.S.C. 801(a)(1)(A); to the Committee on The SPEAKER announced his signa- arriving in Kenya and Tanzania; (H. Doc. No. Commerce. ture to enrolled bills of the Senate of 105—309); to the Committee on International 10839. A letter from the Acting Director, Relations and ordered to be printed. the following titles: Office of Sustainable Fisheries National Ma- 10849. A letter from the the Kenneth W. S. 1683. An act to transfer administrative rine Fisheries Service, National Oceanic and Starr, the Independent Counsel, transmit- jurisdiction over part of the Lake Chelan Na- Atmospheric Administration, transmitting ting a Referral to the United States House of tional Recreation Area from the Secretary of the Administration’s final rule—Atlantic Representatives filed in conformity with the the Interior to the Secretary of Agriculture Tuna Fisheries; Atlantic Bluefin Tuna [I.D. requirements of title 28, United States Code, for inclusion in the Wenatchee National For- 070698D] received September 2, 1998, pursuant section 595(c); (H. Doc. No. 105—310); to the est. to 5 U.S.C. 801(a)(1)(A); to the Committee on Committee on the Judiciary and ordered to S. 1883. An act to direct the Secretary of Resources. the Interior to convey the Marion National 10840. A letter from the Senior Attorney, be printed. Fish Hatchery and the Claude Harris Na- Federal Register Certifying Officer, Finan- f tional Aquacultural Research Center to the cial Management Service, transmitting the State of Alabama, and for other purposes. Service’s final rule— Offset of Tax Refund REPORTS OF COMMITTEES ON Payments to Collect Past-due, Legally En- PUBLIC BILLS AND RESOLUTIONS f forceable Nontax Debt (RIN: 1510–AA62) re- Under clause 2 of rule XIII, reports of ADJOURNMENT ceived September 2, 1998, pursuant to 5 committees were delivered to the Clerk U.S.C. 801(a)(1)(A); to the Committee on for printing and reference to the proper Mrs. MORELLA. Mr. Speaker, I move Ways and Means. that the House do now adjourn. 10841. A communication from the President calendar, as follows: The motion was agreed to; accord- of the United States, transmitting the ap- Mr. YOUNG of Alaska: Committee on Re- ingly (at 1 o’clock and 2 minutes p.m.), proval of $50,000,000 in emergency funds to sources. H.R. 1659. A bill to provide for the the Departments of Labor, Health and expeditious completion of the acquisition of under its previous order, the House ad- Human Services, Education, and Related private mineral interests within the Mount journed until Monday, September 14, Agencies, pursuant to Public Law 99—177; (H. St. Helens National Volcanic Monument 1998, at 10:30 a.m. for morning hour de- Doc. No. 105—305); to the Committee on Ap- mandated by the 1982 Act that established bates. propriations and ordered to be printed. the Monument, and for other purposes; with September 11, 1998 CONGRESSIONAL RECORD — HOUSE H7617 an amendment (Rept. 105–704). Referred to tions were introduced and severally re- crimes, crimes against humanity, and geno- the Committee of the Whole House on the ferred, as follows: cide in Cambodia (the former Kampuchea, State of the Union. the People’s Republic of Kampuchea, and the By Mr. PORTMAN (for himself, Mr. Mr. YOUNG of Alaska: Committee on Re- State of Cambodia); to the Committee on BARRETT of Wisconsin, Mr. GINGRICH, sources. H.R. 4166. A bill to amend the Idaho International Relations. Mr. HASTERT, Mr. MCCOLLUM, Mr. Admission Act regarding the sale or lease of f school land (Rept. 105–705). Referred to the SOUDER, Mr. UNDERWOOD, Mr. Committee of the Whole House on the State BALLENGER, Ms. GRANGER, Mr. HOB- PRIVATE BILLS AND of the Union. SON, Mr. LEWIS of Kentucky, and Mr. RESOLUTIONS Mr. YOUNG of Alaska: Committee on Re- MICA): sources. H.R. 3903. A bill to provide for an ex- H.R. 4550. A bill to provide for programs to Under clause 1 of rule XXII, change of lands located near Gustavus, Alas- facilitate a significant reduction in the inci- Mr. UPTON introduced a bill (H.R. 4557) to ka, and for other purposes; with an amend- dence and prevalence of substance abuse authorize the Secretary of Transportation to ment (Rept. 105–706, Pt. 1). Referred to the through reducing the demand for illegal issue a certificate of documentation with ap- Committee of the Whole House on the State drugs and the inappropriate use of legal propriate endorsement for employment in of the Union. drugs; to the Committee on Commerce, and the coastwise trade for the vessel EMBAR- Mr. YOUNG of Alaska: Committee on Re- in addition to the Committees on Govern- CADERO; which was referred to the Commit- sources. H.R. 2314. A bill to restore Federal ment Reform and Oversight, Small Business, tee on Transportation and Infrastructure. Indian services to members of the Kickapoo Transportation and Infrastructure, the Judi- f Tribe of Oklahoma residing in Maverick ciary, and Education and the Workforce, for County, Texas, to clarify United States citi- a period to be subsequently determined by ADDITIONAL SPONSORS the Speaker, in each case for consideration zenship status of such members, to provide Under clause 4 of rule XXII, sponsors trust land for the benefit of the Tribe, and of such provisions as fall within the jurisdic- tion of the committee concerned. were added to public bills and resolu- for other purposes (Rept. 105–706, Pt. 1). Or- tions as follows: dered to be printed. By Mr. PAUL: Mr. YOUNG of Alaska: Committee on Re- H.R. 4551. A bill to amend section 16 of the H.R. 98: Mr. SANDLIN. sources. H.R. 3055. A bill to deem the activi- United States Housing Act of 1937 to prohibit H.R. 218: Mr. INGLIS of South Carolina and ties of the Miccosukee Tribe on the Tamiami occupancy in public housing by, and rental Mr. SPENCE. Indian Reservation to be consistent with the assistance under section 8 of such Act for, H.R. 372: Mr. KUCINICH. purposes of the Everglades National park, any person convicted of manufacturing or H.R. 611: Mr. BAESLER and Mr. MCHALE. and for other purposes; with an amendment producing methamphetamine on the prem- H.R. 1050: Mr. HINOJOSA. (Rept. 105–708, Pt. 1). Ordered to be printed. ises; to the Committee on Banking and Fi- H.R. 1215: Ms. MILLENDER-MCDONALD. nancial Services. H.R. 1531: Mr. MILLER of California. DISCHARGE OF COMMITTEE By Mrs. CAPPS: H.R. 2701: Ms. CHRISTIAN-GREEN and Mr. Pursuant to clause 5 of rule X the H.R. 4552. A bill to provide grants to cer- MARTINEZ. Committee on International Relations tain local educational agencies to provide in- H.R. 2761: Mr. BLUMENAUER. discharged from further consideration. tegrated classroom-related computer train- H.R. 2840: Mr. GEKAS. H.R. 3654 referred to the Committee of ing for elementary and secondary school H.R. 2912: Mr. FOX of Pennsylvania. the Whole House on the State of the teachers; to the Committee on Education H.R. 2938: Ms. GRANGER. Union. and the Workforce. H.R. 3008: Mr. MCINTYRE. Pursuant to clause 5 of rule X the By Mrs. ROUKEMA: H.R. 3248: Ms. GRANGER, Mr. HERGER, and Committee on Commerce discharged H.R. 4553. A bill to amend the Internal Rev- Mr. BUNNING of Kentucky. enue Code of 1986 to expand S corporation H.R. 3514: Mr. CARDIN. from further consideration. H.R. 3903 eligibility for banks, and for other purposes; H.R. 3567: Mr. BARRETT of Wisconsin. referred to the committee of the Whole to the Committee on Ways and Means. H.R. 3622: Ms. CHRISTIAN-GREEN, Ms. House on the State of the Union. By Mr. THOMAS: SANCHEZ, and Mr. FORD. Pursuant to clause 5 of rule X the H.R. 4554. A bill to reform Federal land H.R. 3632: Mr. HYDE, Mr. HORN, and Ms. Committee on Ways and Means dis- management activities relating to endan- PRYCE of Ohio. charged from further consideration. gered species conservation; to the Commit- H.R. 3634: Mr. HILL, Mr. BUYER, Mr. GOR- H.R. 4005 referred to the Committee of tee on Resources. DON, Mr. TAUZIN, Ms. EDDIE BERNICE JOHNSON the Whole House on the State of the By Mr. THOMAS: of Texas, and Mr. RIGGS. H.R. 4555. A bill to amend the Endangered H.R. 3636: Mr. MEEKS of New York. Union. Species Act of 1973 to reform provisions re- H.R. 3734: Mr. METCALF. Pursuant to clause 5 of rule X the lating to liability for civil and criminal pen- H.R. 3779: Mr. BARTON of Texas, Mr. STARK, Committee on Banking and Financial alties under that Act; to the Committee on Mr. WISE, and Mr. KIND of Wisconsin. Services discharged from further con- Resources. H.R. 3831: Mr. DIXON. sideration. H.R. 4275 referred to the By Mr. THOMAS: H.R. 3899: Mr. GREENWOOD, Mr. ADERHOLT, Committee of the Whole House on the H.R. 4556. A bill to amend the Endangered Mr. EHRLICH, Mrs. FOWLER, Mr. BEREUTER, State of the Union. Species Act of 1973 to reform the regulatory Mr. JONES, Mr. DIAZ-BALART, Mr. GORDON, Pursuant to clause 5 of rule X the process under that Act; to the Committee on Mr. ENGLISH of Pennsylvania, Mr. BALDACCI, Committee on Agriculture discharged Resources. Mr. INGLIS of South Carolina, Mr. SMITH of By Mr. FAZIO of California: Oregon, Mrs. MYRICK, Mr. CUNNINGHAM, Mr. from further consideration. H.R. 4283 H. Res. 530. A resolution designating mi- PETERSON of Pennsylvania, Mr. HALL of referred to the Committee of the Whole nority membership on certain standing com- Texas, Mr. BACHUS, Mrs. ROUKEMA, Mr. PICK- House on the State of the Union. mittees of the House; considered and agreed ERING, and Mr. BLILEY. f to. H.R. 3905: Mr. CHAMBLISS, Mr. GEKAS, Mr. By Mr. RADANOVICH: MCINTOSH, and Mr. KINGSTON. TIME LIMITATION OF REFERRED H. Res. 531. A resolution calling upon Wil- H.R. 3985: Ms. HOOLEY of Oregon. BILL liam Jefferson Clinton to immediately resign H.R. 3991: Mr. WAMP. Pursuant to clause 5 of rule X the fol- the Office of President of the United States; H.R. 3995: Mr. SERRANO. lowing action was taken by the Speak- to the Committee on the Judiciary. H.R. 4031: Mr. STOKES and Mr. CLYBURN. er: By Mr. GILLMOR (for himself, Mr. H.R. 4032: Mr. NEUMANN. OXLEY, Mr. DEAL of Georgia, Mr. H.R. 4122: Mr. LUTHER. H.R. 2314. Referral to the Committee on LAHOOD, Mr. SESSIONS, Mr. NORWOOD, H.R. 4175: Mr. TORRES, Mr. BONIOR, Mr. the Judiciary extended for a period ending Mr. PAXON, Mr. ROHRABACHER, Mr. THOMPSON, Mr. VENTO, and Mr. GUTIERREZ. not later than September 18, 1998. SNOWBARGER, Mr. WELLER, and Mr. H.R. 4182: Mr. SANDLIN. H.R. 3055. Referral to the Committee on BALLENGER): H.R. 4184: Mr. SANDLIN and Mr. Transportation and Infrastructure extended H. Res. 532. A resolution expressing the BLUMENAUER. for a period ending not later than October 9, sense of the House of Representatives that H.R. 4185: Mr. SANDLIN, Mr. BLUMENAUER, 1998. the President should personally reimburse and Mr. POMEROY. H.R. 3903. Referral to the Committee on the Federal Government for the costs in- H.R. 4198: Mrs. WILSON. Commerce extended for a period ending not curred by the Office of Independent Counsel H.R. 4235: Mr. MCGOVERN, Mr. later than September 11, 1998. since January 26, 1998; to the Committee on FALEOMAVAEGA, and Mr. FOLEY. f the Judiciary. H.R. 4258: Mrs. KELLY, Ms. DANNER, Mr. PUBLIC BILLS AND RESOLUTIONS By Mr. ROHRABACHER: REDMOND, Mr. HORN, and Mr. MICA. H. Res. 533. A resolution expressing the H.R. 4275: Mr. WATKINS and Mr. SPENCE. Under clause 5 of Rule X and clause 4 sense of the House of Representatives regard- H.R. 4283: Mr. MEEKS of New York and Mr. of Rule XXII, public bills and resolu- ing the culpability of Hun Sen for war CLYBURN. H7618 CONGRESSIONAL RECORD — HOUSE September 11, 1998

H.R. 4300: Mr. BURTON of Indiana, Mr. H. Con. Res. 114: Ms. KILPATRICK. Mr. MCNULTY, Mr. EVANS, Mr. ETHERIDGE, HOUGHTON, Mr. BARTON of Texas, and Mr. H. Con. Res. 239: Mr. MORAN of Virginia. Mr. FRELINGHUYSEN, and Mr. ORTIZ. WALSH. H. Con. Res. 274: Mr. FORD, Mr. ENGLISH of H. Res. 519: Mr. MCKEON. H.R. 4339: Mr. FOX of Pennsylvania, Ms. Pennsylvania, Mr. SHERMAN, Mr. COOK, Mr. MATSUI, Mr. ADAM SMITH of Washington, Mr. RIVERS, Mr. LAMPSON, and Mr. UNDERWOOD. f H.R. 4353: Mr. MANTON. DIXON, Ms. DELAURO, and Mr. SNYDER. H.R. 4355: Mr. CLYBURN. H. Con. Res. 306: Mr. COOK. H.R. 4404: Mr. BRYANT, Mr. MARTINEZ, Mr. H. Con. Res. 325: Mr. CHABOT, Ms. DUNN of DELETIONS OF SPONSORS FROM PICKERING, Mr. UNDERWOOD, and Mr. WAMP. Washington, and Mr. ADAM SMITH of Wash- PUBLIC BILLS AND RESOLUTIONS H.R. 4474: Mr. ENGLISH of Pennsylvania. ington. H.R. 4489: Ms. WOOLSEY. H. Res. 96: Ms. MILLENDER-MCDONALD. Under clause 4 of rule XXII, sponsors H.R. 4495: Mr. ETHERIDGE. H. Res. 135: Ms. SLAUGHTER. were deleted from public bills and reso- H.R. 4531: Mr. FROST, Ms. WATERS, Mr. H. Res. 460: Ms. CARSON, Mr. OLVER, Mr. lutions as follows: DAVIS of Illinois, and Mr. ETHERIDGE. GIBBONS, Mr. SPRATT, Mr. COYNE, Mr. FOX of H. Con. Res. 70: Mr. MORAN of Virginia. Pennsylvania, Mr. MCDERMOTT, Mr. SNYDER, H.R. 4006: Ms. ROYBAL-ALLARD. 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, FRIDAY, SEPTEMBER 11, 1998 No. 120 Senate The Senate met at 9:30 a.m. and was reached with respect to the bankruptcy state laws requiring parental involve- called to order by the President pro bill, there will be an additional 30 min- ment in their minor daughter’s abor- tempore [Mr. THURMOND]. utes of debate prior to a cloture vote tion so that someone other than those on the Grassley substitute to the bank- parents cannot readily avoid those PRAYER ruptcy bill. If cloture is not invoked on state laws by taking a young girl The Chaplain, Dr. Lloyd John that measure, it is expected that the across state lines for an abortion, cer- Ogilvie, offered the following prayer: Senate will resume consideration of tainly not without the notification to Dear Father, Sovereign of our Na- the Interior appropriations bill. their parents. tion, our Help in ages past and our Members are encouraged to come to But whether my colleagues agree or Hope for years to come, we praise You the floor to offer and debate amend- disagree with this bill, or whether, like for the gift of prayer. You have given ments to the Interior bill in an effort the Clinton administration, that want us prayer to share with You what is on to make progress on this important to modify or limit it, there is simply our minds and hearts and to listen for legislation. Therefore, Members should no reason to vote no on just proceeding Your guidance. expect rollcall votes throughout to- to a discussion. Holy God, heal our land at this cru- day’s session, with the first vote occur- The concern has been expressed that cial time. Help all of us to examine our ring at 10 a.m. As a final reminder, there be an opportunity to offer rel- own lives and renew our commitment Members have until 10 a.m. to file sec- evant amendments. Mr. President, no to integrity and moral purity. Bring ond-degree amendments to the bank- one has suggested otherwise. Let’s America back to You. Beginning with ruptcy bill. have at it. The only action that would each of us, ignite a spiritual renewal f preclude amendments is a no vote this that sweeps across our land. You are a morning. RESERVATION OF LEADER TIME God of judgment and grace. We are prepared to debate and vote Be with the President. Enable Your The PRESIDING OFFICER (Mr. GOR- on amendments. That opportunity was healing reconciliation in his marriage TON). Under the previous order, the available at committee and it can be and family. Guide the Members of Con- leadership time is reserved. worked out here. In fact, the amend- gress charged with the responsibility of f ments offered or filed at committee seeking what is best for our Nation in would likely be germane post-cloture CHILD CUSTODY PROTECTION ACT this crisis. Lead and inspire them as even if this were a cloture vote on the they seek to know and do Your will. The PRESIDING OFFICER. Under bill itself, rather than a motion to pro- We commit these decisive days to Your the previous order, the time until 10 ceed. care. Through our Lord and Savior. a.m. is equally divided between the So let’s not look for excuses here. I Amen. Senator from Michigan, Mr. ABRAHAM, urge my colleagues to vote yes and f and the Senator from Vermont, Mr. allow us to consider this important leg- LEAHY, or their designee. islation. American families—parents RECOGNITION OF THE ACTING Mr. HATCH. Mr. President, time is and their children—deserve no less. MAJORITY LEADER very limited this morning, so I will be Having said that, I want to person- The PRESIDENT pro tempore. The brief. ally pay my respects to the distin- acting majority leader, the able Sen- We are voting shortly on cloture on a guished Senator from Michigan, Sen- ator from Utah, is recognized. Motion to Proceed. In other words, ator ABRAHAM, for the leadership he Mr. HATCH. Thank you, Mr. Presi- Senators will be deciding whether or has provided on this. Without him, we dent. not we can simply consider this impor- wouldn’t be this far. I have to say he f tant measure. has been a great leader on the Judici- We all know how contentious the ary Committee. I personally appreciate SCHEDULE issue of abortion can get around here, the efforts he has made on this bill Mr. HATCH. Mr. President, this and across the country. But this mat- thus far. I will support him every way morning there will be 30 minutes of de- ter is not really even about abortion. I possibly can. bate prior to a rollcall vote on a mo- This bill is simply about protecting the The PRESIDING OFFICER. The Sen- tion to invoke cloture on the motion to health and safety of minor children and ator from Michigan. proceed to the child custody protection the rights that their own states have Mr. ABRAHAM. Mr. President, I legislation. If cloture is not invoked concluded their parents should have. thank the Senator from Utah for his and if an agreement has not been Specifically, it simply seeks to enforce kind remarks and look forward to

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

S10227

. S10228 CONGRESSIONAL RECORD — SENATE September 11, 1998 working together on this and other leg- them across State lines to achieve dan- headache while at school, but we allow islation. gerous goals, both physically and emo- that same child to have an abortion At this point, I yield up to 3 minutes tionally. One such goal is abortion. The without the consent or knowledge of to the Senator from Ohio. right of citizens to pass and enforce their parents and guardians. The PRESIDING OFFICER. The Sen- laws regarding the rights of parents is It is my firm belief that we must pass ator from Ohio. completely violated by the ability of this law and stop people from bypass- Mr. DEWINE. Mr. President, the pur- others to transport children to another ing the laws of our individual States. I pose of this legislation is very simple: State to obtain an abortion. As a Na- would like to stress that this bill does It is to make it a crime to transport a tion, we must use all the resources not impact the individual rights of child across State lines if this cir- available to us in order to protect our States, nor does it alter, supersede, or cumvents State laws requiring paren- children and our families from this override existing laws in the individual tal involvement or if it circumvents conduct. States. What the Child Custody Protec- State laws requiring a judicial waiver That is our purpose here today. Sen- tion Act does is protect the current for a minor to obtain an abortion. It is ator ABRAHAM has shown strong leader- laws of States which have chosen to that simple. ship in bringing this legislation for- implement parental notification. Most Many States, as we know, have laws ward. I thank him for his work on this important, this legislation protects our saying a parent or guardian has to be important bill, and I yield the floor. children from making a life-altering notified if a child is trying to get an Mr. ABRAHAM. I yield 3 minutes to decision without the guidance of their abortion. But not all States have these the Senator from Arizona. most trusted and caring advisers, their laws. What is happening now, far too Mr. MCCAIN. Mr. President, I thank parents. The mental and physical well- often in this country, is that people the Senator from Michigan for his being of thousands of children depends who aren’t parents, who aren’t guard- leadership on this very important on us passing the Child Custody Act. ians, are taking these children across issue. I am here to offer my whole- Mr. ABRAHAM. Mr. President, at State lines, secretly, to get abortions hearted support for him in his efforts this time, I yield 2 minutes to the Sen- in another State where parental notifi- on this piece of legislation. ator from Alabama. cation is not required. It is that sim- Currently, 22 States require parental The PRESIDING OFFICER. The Sen- ple. notification if a minor is going to re- ator from Alabama. What we are addressing in this bill, ceive an abortion. Each year, thou- Mr. SESSIONS. Mr. President, I add my compliments to Senator ABRAHAM and what Senator ABRAHAM is address- sands of adults deliberately circumvent ing, is an obvious circumvention of these laws by taking children across from Michigan for his outstanding these State parental consent and noti- State lines to receive an abortion in work in crafting this professionally fication laws. This bill, then, has two another State which does not require drafted, constitutional, and well-done amendment. purposes: to protect the health of chil- parental consent. There was a recent article in the New dren and to protect the rights of par- This legislation would make it a Fed- York Times by an abortion doctor who ents. In fact, it might not be much of eral criminal offense to take children admitted to doing 45,000 abortions. He an exaggeration to say that these two across State lines to receive an abor- said in that article that parents ought purposes really boil down to just one tion without the knowledge of their to be consulted in these circumstances. purpose, because, Mr. President, em- parents. By implementing this safe- He said that, when someone—often guard legislation, we will insulate our powering parents is the single biggest some young man—takes a very young investment we can make in ensuring children from exploitation by adults girl across a State line to a State the health of our children. who do not want the parents involved where abortions don’t require parental What we are saying with this legisla- in the decisionmaking process for an consent, he is jeopardizing the health tion is that, yes, parents have the right abortion, and who may not have the of that young girl, because the parents to be involved in a moral and medical child’s best interests at heart. won’t even know to watch out for her decision that affects their children’s The decision to have an abortion is a health. Having had the abortion a long welfare. They have the right to do this. critical one, which I hope women of all distance away, the girl won’t be able to They have the duty to do this. When it ages would not choose. However, de- return to the abortion clinic for follow- comes to parental notification on abor- spite an individual’s personal opinion up. The parents won’t be watching tion, the American people have reached about abortion, the majority of Ameri- their daughter’s health and the com- a clear consensus. By a huge majority, cans, myself included, believe it is im- plications that can arise. The doctor 80 percent, favor parental notification; perative for the parents of minor chil- said that pro-abortion forces do them- 74 percent favor not just parental noti- dren to be included in this life-altering selves a disservice when they oppose fication but parental consent, as well— decision. According to a 1996 Gallup such legislation as this. I think that is 74 percent. This is a clear expression of poll, 74 percent of Americans support plainly so from a medical point of the national wisdom. This legislation requiring minors to get parental con- view. I think it is plainly so from a is an effort to make that kind of in- sent for an abortion. According to the family point of view. Young toughs formed decision possible. Supreme Court, ‘‘the medical, emo- who have impregnated a young girl Now, earlier this year, we in Con- tional, and psychological consequences ought not to be able to avoid their re- gress worked on another bill, one that of an abortion are serious and can be sponsibility by secretly taking her is now law. In that bill, the President lasting; this is particularly so when the away to a distant place, without the and the Congress mandated that the patient is immature.’’ Clearly, our Na- knowledge of her parents. This is basic. flight of a parent to another State to tion’s children should not be kept from I was a Federal prosecutor for nearly avoid paying child support would be a their parents when making an impor- 15 years, and during that time we had Federal crime. I worked with Senator tant life decision, particularly one with what we call the Mann Act. It prohibits KOHL to champion the Deadbeat Par- such broad ramifications as an abor- the interstate transportation of a fe- ents Punishment Act in order to pro- tion. male across a State line for the pur- tect the interests of America’s chil- I find it unbelievable that schools pose of prostitution or other immoral dren. We have to pursue very vigor- throughout the country are unable to purposes. That is a law that has been ously those who would harm our chil- dispense even a simple aspirin to a upheld repeatedly by the Supreme dren, either by omission or by commis- child without written consent from Court. This bill will be upheld by the sion. their parents; yet, every day thousands Supreme Court. It is consistent with Mr. President, the very same prin- of adults are permitted to escort chil- American law. I am amazed that we ciple is embodied in the Child Custody dren across State lines for an abortion can’t even get the bill up for a vote and Protection Act that we are considering which has serious physical and mental that there are people opposing it. today. effects. I thank the Senator from Michigan There are those living among us, Mr. This is simply preposterous. A child for his leadership. President, who would place our chil- cannot receive over-the-counter medi- Mr. ABRAHAM. Mr. President, be- dren in harm’s way by transporting cations like an aspirin to relieve a cause the first 4 minutes of this debate September 11, 1998 CONGRESSIONAL RECORD — SENATE S10229 was lost due to other business before cern, a concern of conscience, and I ap- rely upon the law, that they should be the Senate, I ask unanimous consent plaud him for that. We will work able to have that right that the State that we extend the time for debate an through these particular things in the of Pennsylvania suggested that we additional 5 minutes, which would same way. As the Senator from Michi- have, that the people of Pennsylvania move the cloture vote to 10:05. gan knows, I did not take steps to should have their laws honored, and The PRESIDING OFFICER. Without delay this bill from coming out of com- that people, by crossing State lines, objection, it is so ordered. mittee. This bill deserves to have a should not be able to evade what is the Mr. SPECTER. Mr. President, I have vote. We deserve, some of us, and prob- law within Pennsylvania. This is less sought recognition to express my views ably both sides, to have a vote on some an abortion issue than it is a State on the vote we are taking today re- of the amendments. We will do that. rights issue. garding the Child Custody Protection I will urge my colleagues to vote to As Senator DEWINE mentioned in his Act. I will vote to invoke cloture on move forward with this bill. debate, we have done things just re- the motion to proceed to consideration I yield the floor. cently with child support to get better of this legislation because I believe it I see nobody on our side looking for enforcement of State decisions across is an issue that merits consideration further time. I will yield, if this will State lines to protect children and to by the full Senate. help the Senator from Michigan, the protect families. This is just another Based on my conversations with remainder of my time to him, with the instance where we should do that—pro- Pennsylvanians throughout the Com- understanding that if somebody comes tect the rights of parents and protect monwealth in recent weeks, I am well up I am sure he will take care of their the rights of children within the bor- aware of the strong views on either time. ders of the State, as the State legisla- side of this issue. It is the responsibil- Mr. ABRAHAM. I thank the Senator. tures and Governors have enacted laws ity of the Senate to deliberate over The PRESIDING OFFICER. The Sen- to do so. proposals concerning matters as com- ator from Michigan. I commend the Senator from Michi- plicated as an individual’s right to an Mr. ABRAHAM. Mr. President, first, gan for his work to fight through the abortion, particularly when minors are I thank the Senator from Vermont for Judiciary Committee and to get this involved and there are substantial his remarks both here as well as in the bill to the floor, and to now get it to a State interests at stake as well. While committee when we dealt with this point where hopefully we can begin the I am troubled by some of the implica- issue. I think he and other members of debate and we can begin to move for- tions of this bill, I believe it is impor- the other side on this debated in a very ward with the debate of these amend- tant that this is debated by the entire thoughtful fashion some of the issues ments. I understand States rights and en- body, not just the Judiciary Commit- at stake. forcing State laws is an important tee. In light of his comments, it is my issue that we debate here often in the Mr. ABRAHAM. Mr. President, I sug- hope, obviously, that we will agree to Congress. But there is none more im- gest the absence of a quorum and ask this cloture motion this morning over- portant, as far as I am concerned, than unanimous consent that the time be whelmingly, and then hopefully the to protect the lives and health of chil- taken out of the minority side. Senate can begin to discuss a list of po- dren and the rights of parents. That is The PRESIDING OFFICER. Without tential amendments that might be de- bated on it for whatever time and we exactly at the heart of this legislation. objection, it is so ordered. I congratulate the Senator. The clerk will call the roll. would then call the bill up. Mr. ABRAHAM. Mr. President, I The assistant legislative clerk pro- If there are others here who would thank the Senator from Pennsylvania ceeded to call the roll. like to speak at this point, I yield to for his support as well as for his work Mr. LEAHY. Mr. President, I ask them some time. I see there is one re- on a number of other related issues, in- unanimous consent that the order for quest. cluding the one we will be debating the quorum call be rescinded. Let me yield to the Senator from here soon for the Senate. He has given The PRESIDING OFFICER. Without Pennsylvania for 1 minute to comment leadership in a variety of areas—espe- objection, it is so ordered. on the legislation. cially in the area of abortion rights, Mr. LEAHY. Mr. President, I am The PRESIDING OFFICER. The Sen- which has been, I think, a source of pleased that the chairman of the Sen- ator from Pennsylvania. great strength to people who care deep- ate Judiciary Committee, Mr. HATCH, Mr. SANTORUM. Thank you, Mr. ly about this topic. We look forward to and also my good friend from Michi- President. Now that the Senator from working with him later this week on a gan, Mr. ABRAHAM, have said that the Vermont has agreed to support the mo- related matter that will come before majority is prepared to debate and vote tion to proceed—that is heartening—we the Senate. on amendments to this bill. I know can now get to this. In light of the current floor situa- that a number of my colleagues want I came here to plead that we at least tion, I don’t think there will be other to bring amendments that are also im- be given the opportunity to discuss speakers joining us. I intend to make a portant for the health and safety of this issue. On this bill, while it is obvi- few remarks now, and, at the end of American families and children. ously important to the entire country, that time, if no one else has come to I have some concerns, as I have ex- the case which has been highlighted, the floor to speak, I will yield back the pressed to the Senator from Michigan, which is the one that is the most dis- remainder of the time that has been af- on the overall bill. But with the assur- turbing, is the case from Pennsylvania forded me by the minority and seek ances that we are going to have de- of a horrible situation where a young unanimous consent that we vote as bate—I am not talking about dilatory girl 12 years old was raped by a boy 18, originally planned. debate, I am talking about real debate was given alcohol, and was impreg- In light of Senator LEAHY’s com- and amendments—I am prepared to nated while she was unconscious. The ments, it seems that probably the mo- take Senator HATCH and others at their stepmother of the boy, without the tion to proceed will receive enough word and proceed to this bill and work knowledge of the little girl’s mother, votes for cloture and then we can begin through it. took her across the State line to have moving forward. Having said that, I have some dif- an abortion. As I said in my remarks to the Sen- ficulties with aspects of the bill. I note In fact, there are a series of false pre- ate yesterday, this is an issue that for my colleagues that those difficul- tenses, which I will outline in the de- would seem to me to be one that peo- ties go to particular constitutional and bate that we hope now to have on the ple, regardless of their view on the un- legal issues, not to the underlying con- full bill. It shows how this law is nec- derlying issue of abortion rights, could cerns the Senator from Michigan has essary to protect the rights of parents, agree on; that is, that the Supreme expressed. and the State of Pennsylvania wants to Court of the United States has deemed The Senator from Michigan has ex- protect them. The State of Pennsyl- it to be constitutional for States to pressed some very real concerns, many vania has a law in place that says you enact parental involvement statutes— of which I share. He has done it in a need parental consent. Parents in the parental consent or parental notifica- way that shows a deep, heartfelt con- State believe they should be able to tion statutes. Based on that decision, S10230 CONGRESSIONAL RECORD — SENATE September 11, 1998 about 22 States have enacted such can work together, regardless of what Americans support the concept of pa- laws. The families in those States, the people’s position might be on the abor- rental involvement. In a 1996 Gallup parents in those States, and the chil- tion question and the underlying ques- poll seventy-six percent of those polled dren in those States have a right to tion, to say that parents and families favored laws requiring the girls under rely on those laws. Those laws have in these situations should be protected the age of 18 get either parental con- been enacted to protect young women and shall be protected by this Con- sent or at least inform their parents who are minors who might consider an gress. before obtaining an abortion. This con- abortion. The reason for that is very Mr. President, I yield 30 seconds to viction is reflected at a legislative simple. the Senator from Indiana. level by the 22 states that have enacted The abortion procedure is a serious The PRESIDING OFFICER. The Sen- laws requiring parental notification. medical procedure. The consequences ator from Indiana. of that procedure are very serious. Mr. COATS. Mr. President, I would This is not a broad piece of legisla- There is no one in a better position, like to speak in support of S. 1645, The tion, it has in fact been described by particularly with extremely young Child Custody Protection Act. the media as ‘‘narrowly tailored to ad- women, to know about their health The purpose of this act is to prohibit dress a specific problem.’’ The act does considerations better than the parents. the transportation of minors across not establish a national requirement of Of course, there are certain instances state lines with intent to avoid appli- parental consent or notification prior where parents may not be appropriate cation of a state law requiring parental to the performance of an abortion on a because of abusive situations. The involvement in a minor obtaining an minor under 18. Nor does it attempt to States have addressed that. And the elective abortion. regulate any purely intrastate activi- courts have permitted States to ad- As I imagine the fear, confusion, and ties related to the procurement of dress that with bypass procedures and perceived isolation of a minor child abortion services. S. 1645 simply helps other mechanisms to allow young who learns that she is pregnant, I can effectuate the policies of States that women to have options in those rare think of few situations where the sup- have decided to provide a layer of pro- instances. But other than in those rare port and security of family is more des- tection of their own residents against instances, these laws make sense. I perately needed. Many states have en- these dangers to children’s health and think an overwhelming percentage of acted laws to assure that parents are safety by requiring parental involve- Americans support them. involved. This bill would assure that ment in the abortion decision. The problem is that these laws lack these state laws are not easily cir- forcefulness. It is possible to cir- cumvented by crossing state lines. Minors must not be left alone to cumvent them very easily by simply There is an even more sobering as- make these crucial decisions. Abortion transporting the child across a State pect to this issue. A significant reason is a major medical procedure, highly line for an abortion. Our legislation is behind evasion of the State’s parental invasive and often emotionally trau- simply an effort to clarify which laws involvement law can be an effort to matic. There are hundreds of accounts would apply in the new jurisdiction cover up statutory rape violations. of women who as adults, decide to un- where that abortion might be per- In a study of 46,000 pregnancies by dergo an elective abortion and are then formed. This legislation says that the school-age girls in California, research- plagued by profound regret, health laws of the States which have enacted ers found that seventy-one percent, or complications and emotional trauma parental consent laws still have mean- over 33,000, were fathered by adult for having made that decision. ing, still have consequence, and the post-high-school men. Another study How much greater is the potential reports that 58 percent of the time it is families in those States still have the for a hasty and regrettable decision the girl’s boyfriend who accompanies a ability to rely on those laws. when the mother is herself a child who girl for an abortion when her parents I cited yesterday on the floor the may not fully understand her options have not been informed of the preg- case that was presented in our hearings and the consequences of her choices? of Joyce Farley who was victimized by nancy. just such a situation—the Senator Obviously, many of these men are I urge my colleagues to vote for clo- from Pennsylvania just alluded to it— vulnerable to statutory rape charges. ture to proceed to this bill and to sup- where her 12-year-old daughter was This vulnerability provides these men port this important legislation, and I raped by a neighbor, became pregnant, with a strong incentive to pressure the yield the floor. and then, in an effort to try to cover up much younger girl to agree to an abor- Mr. President, I know Members are that act, the neighbor’s parent drove tion without revealing the pregnancy anxious to get to this cloture vote. I to the parents. Currently, a man seek- the child out of Pennsylvania, where strongly support the efforts of the Sen- ing to do so can evade the law and hide parental consent laws are required, to ator from Michigan and the Senator his crime by driving his victim across the State of New York, where they had from Pennsylvania and others to deal the abortion performed, falsified docu- State lines. Opponents of this legislation argue with this important item. I commend ments pretending she was the mother, them for their perseverance in pursu- brought the child back to Pennsyl- that in some families, ideal relation- ship may not exist with the parents— ing this. I think it is important that we vania, and left her 30 miles from home move forward with this and support it. in a very, very serious state of health. that in families where abuse is present, The child became very sick, finally got for example, parental involvement It is designed in a way to protect the home, and finally told her mother what would be detrimental. This concern is rights of children, the rights of par- had happened. Only because her mother addressed in that judicial bypass provi- ents, and the rights of States. I urge was a nurse was proper medical atten- sions exist in every state with a paren- my colleagues to support it. tion at that point applied and the little tal notification requirement. These ju- Mr. ABRAHAM. Mr. President, I note child’s life saved. dicial bypass procedures are not oner- there are no other individuals on either ous. A recent study of Massachusetts This doesn’t, in my judgment, seem side of the aisle here to speak at this bypass procedure published in the to me to be a situation where we can point, and so in that the hour of 10 American Journal of Public Health re- simply allow this to continue. For that o’clock, which was the original time ported that only 1 out of 477 girls was reason, our legislation is aimed not at that this vote was slated to occur, has refused a judicial authorization. Fur- changing the underlying abortion laws arrived and there are no other speak- thermore, the average hearing lasted of States, not at changing or in any ers, I ask unanimous consent to with- way enhancing the parental notifica- less than 13 minutes. draw the most recent unanimous con- tion laws, but simply saying that Passing this bill will not force paren- sent agreement that was entered into, where the laws exist, they have to be tal disclosure in instances where abuse yield back all remaining time, and pro- enforced regardless of where the child exists within a family. Conversely, fail- ceed at this point to a vote on the mo- is taken for an abortion. That is what ure to pass this legislation could com- tion to proceed. the purpose of the legislation is. promise parental support from the ma- I hope today we can move forward on jority of families where good counsel The PRESIDING OFFICER. Without this motion to proceed. Then I hope we and loving support would be provided. objection, it is so ordered. September 11, 1998 CONGRESSIONAL RECORD — SENATE S10231 CLOTURE MOTION sen and sworn, having voted in the af- mount, as they have been reflected in The PRESIDING OFFICER. Under firmative, the motion is agreed to. Anglo-Saxon jurisprudence, and really the previous order, the clerk will re- The question is on the motion to pro- improved upon in the American—the port the motion to invoke cloture. ceed. U.S. judicial system on what is due The assistant legislative clerk read Mr. CRAIG. Mr. President, I suggest process and what is fair treatment. as follows: the absence of a quorum. And deliberation is a critical part, and CLOTURE MOTION The PRESIDING OFFICER. The not rushing to judgment is a critical We the undersigned Senators, in accord- clerk will call the roll. part. ance with the provision of rule XXII of the The legislative clerk proceeded to We will see what the House of Rep- Standing Rules of the Senate, do hereby call the roll. resentatives decides to do and what the move to bring to a close debate on the mo- Mr. SPECTER. Mr. President, I ask House Judiciary Committee decides to tion to proceed to S. 1645, the Child Custody unanimous consent that the order for do. It may be, as the constitutional Protection Act: the quorum call be rescinded. procedure specifies, that the matter Trent Lott, Orrin Hatch, Spencer Abra- The PRESIDING OFFICER (Mr. will be before this body and each of us ham, Charles Grassley, Slade Gorton, SMITH of New Hampshire). Without ob- in the U.S. Senate will be, in effect, a Judd Gregg, Wayne Allard, Pat Rob- jection, it is so ordered. juror. It is a complex matter which erts, Bob Smith, Paul Coverdell, Craig f portends great problems for our Gov- Thomas, James Jeffords, Jeff Sessions, ernment if the House takes up the mat- Rick Santorum, Mitch McConnell, HANDLING OF THE STARR REPORT Chuck Hagel. ter of impeachment proceedings. It will Mr. SPECTER. Mr. President, I have tie up the House. If the Senate delib- CALL OF THE ROLL sought recognition to comment on the erates as a jury, it will obviously tie up The PRESIDING OFFICER. By unan- matters now pending before the Con- this body. And what is not generally imous consent, the mandatory quorum gress as the House of Representatives recognized is that the Constitution re- under the rule is waived. considers what to do with the Starr re- quires the Chief Justice to preside, so VOTE port. I suggest that we are guided now it ties up the Supreme Court of the The PRESIDING OFFICER. The by the genius of the Constitution, United States. But the Constitution, question is, Is it the sense of the Sen- which is the most important, most effi- that brilliant document, sets forth the ate that debate on the motion to pro- cacious, and most brilliant document ground rules, and we have that as, real- ceed to the consideration of S. 1645, the ever written as to how our country ly, the strength of our American insti- Child Custody Protection Act? The should handle the issues and the prob- tutions to guide us in these very, very yeas and nays are required under the lems which we now confront. troubled times. rule. The clerk will call the roll. The Constitution establishes the I think it is very important that the The legislative clerk called the roll. blueprint for what we are to do next, Senate, and the House, too, focus on Mr. FORD. I announce that the Sen- and that is for the House of Represent- very important legislative matters ator from Nebraska (Mr. KERREY), the atives to consider the Starr report, which have come before us in the Senator from Illinois (Ms. MOSELEY- bearing in mind that it is a report course of the balance of September. BRAUN), and the Senator from West which contains charges to which there Those are the appropriations bills Virginia (Mr. ROCKEFELLER) are nec- will be a reply and, perhaps, depending which fund the Federal $1.7 trillion essarily absent. upon what the House of Representa- budget. I have the privilege to serve as The PRESIDING OFFICER (Mr. tives decides, we will move to a stage chairman of the Senate appropriations INHOFE). Are there any other Senators of hearing evidence. subcommittee which has jurisdiction in the Chamber who desire to vote? The question of evidence is one of over the Department of Education, the The yeas and nays resulted—yeas 97, enormous importance because that is Department of Health and Human nays 0, as follows: the determinant as to establishing the Services, and the Department of Labor. [Rollcall Vote No. 265 Leg.] facts. In our judicial system and in our Traditionally, this bill has been left to YEAS—97 congressional system, and in the sys- the end because it is so contentious. Abraham Faircloth Lott tem on impeachment proceedings, the Senator HARKIN, the ranking Demo- Akaka Feingold Lugar facts are established by witnesses who crat, and I have conferred and have for- Allard Feinstein Mack testify as to what they have seen or ob- mulated a plan to try to bring our bill Ashcroft Ford McCain served—or generally witnessed. It may Baucus Frist McConnell to fruition early on this year. If we Bennett Glenn Mikulski be that we will hear people who will wish to get something done—some- Biden Gorton Moynihan come forward who will tell us what thing I learned a long time ago in the Bingaman Graham Murkowski they saw and what they observed as Senate is that if you want to accom- Bond Gramm Murray Boxer Grams Nickles witnesses, contrasted with what ap- plish what is in the public interest, we Breaux Grassley Reed pears in the news media, which is hear- have to cross party lines to do it. Sen- Brownback Gregg Reid say—sometimes reliable, sometimes ator HARKIN and I have worked on that Bryan Hagel Robb unreliable—almost universally the Bumpers Harkin Roberts line. Burns Hatch Roth source is leaks, a sustained line of Our staffs did an excellent job in Byrd Helms Santorum source material, but one which is the pushing ahead on an expedited basis to Campbell Hollings Sarbanes common parlance. But when it comes prepare a subcommittee report during Chafee Hutchinson Sessions Cleland Hutchison Shelby to a proceeding as in a court proceed- the month of August, and on the sec- Coats Inhofe Smith (NH) ing or as in an impeachment proceed- ond day that we were back, September Cochran Inouye Smith (OR) ing, it is a matter of evidence, and the 1, a week ago Tuesday, the subcommit- Collins Jeffords Snowe rules of evidence in an impeachment tee acted, and then, under Senator STE- Conrad Johnson Specter Coverdell Kempthorne Stevens proceeding may be entirely different. VENS’ leadership, the full committee Craig Kennedy Thomas There are some hearsay declarations acted on Thursday. So the bill, appro- D’Amato Kerry Thompson which are admissible under complex priations for Labor, Health, Human Daschle Kohl Thurmond DeWine Kyl Torricelli rules. There may be broader rules of Services and Education, is now ready Dodd Landrieu Warner evidence established. At least we come to come to the floor. The distinguished Domenici Lautenberg Wellstone to the point of evidence as opposed to majority leader has stated that our bill Dorgan Leahy Wyden reports and as opposed to charges. can be considered immediately after Durbin Levin Enzi Lieberman I think it is very important, as oth- the Interior bill, so that we do not wait ers have said on this Senate floor and until the very end of September. But NOT VOTING—3 as others have said in the public mi- Senator LOTT has articulated a fair ad- Kerrey Moseley-Braun Rockefeller lieu, that we not rush to judgment but monition, that if the bill becomes clut- The PRESIDING OFFICER. On this that we consider what the evidence is tered with so-called killer amendments vote, the yeas are 97, the nays are 0. and make a considered judgment, and or becomes highly politicized, that we Three-fifths of the Senators duly cho- that the interests of fairness are para- cannot keep the bill on the Senate S10232 CONGRESSIONAL RECORD — SENATE September 11, 1998 floor but it will be taken down. I think the Senate, the House and the White first is an emergency spending bill that is a fair consideration. So we have House—to help us move the bill. which is coming at us and how we pay our own institutional prerogatives. It So I speak about this subject at some for that. goes without saying sometimes politics length, although I think not at exces- Traditionally, emergency spending dominates what happens on the Senate sive length here today, to urge my col- bills have been paid for outside the floor, but it is our hope that we will be leagues to focus on the appropriations budget process. We have worked very able to avoid killer amendments and process and not to be distracted by hard, however, as a Congress and as a will be able to proceed to consider the what is happening with the Starr re- country to get our budget in balance. merits of the bill. port and the collateral problems which It has not been an easy task. It has Senator HARKIN and I have discussed our country faces at this moment. taken us 29 years to get the budget in this with the distinguished minority One of our colleagues said last week balance. This year we will have a $60 leader, Senator DASCHLE, who is sym- that when the Starr report hit, those billion surplus, and that surplus is pro- pathetic to our point of view and, with- issues were au courant in Washington, jected to continue for a number of out making commitments, has stated that it would suck all the oxygen out years into the future. But that surplus he would like to see that proceed. We of every room in Washington, DC, will be quickly frittered away if we add discussed the issue of time limits, and which is a dramatic characterization, new spending programs that are not I have already started to talk to Sen- but one which I think is realistic; suck- paid for, or if we arbitrarily increase ators who have amendments where we ing all the oxygen out of every room in the spending of the Federal Govern- can consider a time agreement, an hour Washington, so that that is the sole ment in programs that already exist equally divided or perhaps an hour and focus of attention. From the conversa- without looking at our budgeting proc- a half equally divided, so that we take tions in the Cloakroom and on the ess. up issues which have to be debated and floor, that is a realistic problem. The emergency supplemental, as well have a resolution of them, hopefully I do believe we have to maintain a meaning as it is intended to be, rep- omitting the highly politicized matters focus on these appropriations bills resents, in my opinion, and raises the where there is going to be deadlock and which are so important, as we look to issue of how we are going to maintain which might require that the bill be what is going to happen with the Na- our surplus and threatens that surplus. taken down. tional Institutes of Health in cancer re- Since 1993, we have had $37 billion of Our subcommittee has had a good search, Alzheimer’s, Parkinson’s, et spending under emergency bills. That working relationship with the House. cetera, what happens with education is $37 billion that has been spent out- We worked through with Congressman on increases for Head Start, guaran- side the budget process and has essen- PORTER, the subcommittee chairman teed student loans, what happens on tially added to the deficit, or in the on the House side, my counterpart, and worker safety. We are going to push case of this year, reduced the surplus. with Congressman LIVINGSTON, the very hard to bring forward our bill, This year, the emergency supple- chairman of the full committee. It is hopefully next week, and debate the mental is being talked about as a rath- our realistic hope, realistic expecta- issues under time agreements to let er huge bill. In the past, since 1993, the tion, that we can work through the this body work its will and try to work average of those bills has been some- process there. the matter through the House and then where in the vicinity of $5 billion or $6 I had a chance to discuss the matter through the White House and then take billion. But now we are talking about previously with the President—yester- up the other appropriations bills, so an emergency supplemental of—I have day. It was an event in the White that while we have this grave national heard a number as high as $20 billion. House, where Pennsylvania was a re- problem which we have to consider at But anything in the range of even $10 cipient. As is the custom, I received an the same time, we do not lose focus billion or $15 billion would be a huge invitation to attend, and did so, and that September is the critical month number and would significantly reduce had a chance to talk for a few moments for appropriations bills. the surplus unless it was offset. with the President about this bill, I ask all of my colleagues who antici- The purpose of an emergency supple- Labor-HHS-Education. The President pate amendments for this bill to let us mental is to address issues which we stated that he thought our Senate bill know at an early date so that we can had not anticipated which need imme- was a significant improvement over make a decision on what might be ac- diate action and to do so promptly. I what has come out from the House Ap- cepted, what might be compromised, or can agree with all those purposes, but propriations Committee. I pointed out what might be subjected to time limits unfortunately, the emergency supple- that, while it did not have everything so that notwithstanding the problems mental process has become a process the President had asked for, it was im- which the President faces and which, in which has basically been used as a portant to focus on the fact that the turn, the country faces, that we can giant loophole through which we have bill was $1.9 billion short of what the focus on the appropriations process and generated new spending and, thus, are President had projected on income be- complete the people’s business during putting at risk, in many instances, our cause we do not have the receipts from the month of September. surplus as we finally reached it. the tobacco bill, which was never acted I thank the Chair and yield the floor. Secondly, we have to ask ourselves, upon, and we did not have the user Mr. GREGG addressed the Chair. From where is this money coming? In fees, which had not been authorized. The PRESIDING OFFICER. The Sen- the past, we were borrowing it and cre- Senator HARKIN and I, then, earlier ator from New Hampshire. ating debt, which was bad enough. This this week, took a rather unusual step Mr. GREGG. Mr. President, are we in time when we fund this emergency sup- of convening a meeting of govern- morning business? plemental, if it is anywhere near the mental affairs people, also known as The PRESIDING OFFICER. The range of $15 billion or $20 billion, that lobbyists, who have an interest in this pending business is the motion to pro- is all basically going to come out of the bill, especially those who have in- ceed to the Child Custody Act, which is Social Security trust fund. We will be creases, as we have significant in- S. 1645. borrowing from the Social Security creases on the National Institutes of Mr. GREGG. I ask unanimous con- trust fund because this year the sur- Health, Head Start, and the National sent to proceed as in morning business plus is essentially generated by the So- Labor Relations Board, in order to se- for 10 minutes. cial Security taxes which exceed the cure their assistance. Because, if we go The PRESIDING OFFICER. Without Social Security expenses. That, in and to a continuing resolution, then those objection, it is so ordered. of itself, raises huge public policy matters will be funded at last year’s f issues. level and they will not have the advan- I hope that before we step into this tages of the additions. So there is some EMERGENCY SPENDING BILLS or step off on to this road which leads very keen potential interest on their Mr. GREGG. Mr. President, there are to this giant loophole in our budgeting part seeing this bill move. Our request three issues which I think we need to process, which generates expenditures to them was to exercise their best ef- be thinking about addressing as we outside of our budget caps, that we will forts—they have a lot of contacts in move into the end of this session. The think about the process and, hopefully, September 11, 1998 CONGRESSIONAL RECORD — SENATE S10233 take a hard look at offsetting a signifi- amendment to whatever the emergency the Social Security system more sol- cant amount of this emergency supple- supplemental is to extend the caps for vent in the outyears. mental. the last 2 years of the budget agree- One way to do that is a proposal that Much of it was anticipated. We al- ment which we reached with the Presi- I put forth with Senator BREAUX. And a ready spent $1.5 billion emergency for dent. I think that is only reasonable number of other people have talked Bosnia. We should have been able to that we do that so that we can be sure about it in different machinations—in- anticipate it and offset it. Clearly, the that as we move forward in the future cluding Senator MOYNIHAN, Senator situation that has occurred in the that we will have fiscal discipline here GRAMS, Senator DOMENICI, Senator farming communities is a severe emer- and we will stay on the glide path to- KERREY—to take the tax cut and put it gency, but almost every year we appear ward maintaining our surplus, which into a personal savings account which to have an emergency in the farming has been so difficult to attain and would be owned by the individual who communities. We should be able to which is so important to the future of pays the taxes; and it will be their budget and offset it. Disaster events our country. That is the second fiscal money, they will have it as an asset, have become, regrettably, all too com- point I wanted to make. and it will be available for them when monplace. They are severe, and they The fiscal third point I want to make they retire. I hope we will consider need to be responded to, but we should is about taxes. It is obvious we are run- that as an option also. be able to anticipate and budget it with ning a surplus, and, yes, that surplus is So as we move into this tax cut de- some sort of reserve account and be significant and there is a big demand bate, I intend to raise this whole issue. setting it off. to cut taxes, which is totally reason- And I believe we should raise this The only event which is truly an able. whole issue of where the taxes are com- emergency which we could not antici- What is a surplus? It basically means ing from and who appropriately should pate was the blowing up of the embas- people are paying more in taxes than be getting a tax cut. sies in Africa. I happen to chair the we are spending in Government. So I ask unanimous consent for another committee that has jurisdiction over whose right is it to get the money 2 minutes. that. If I were asked by the appropriat- back? It is the taxpayers’ right to get The PRESIDING OFFICER. Without ing authorities, by the leadership the money back. objection, it is so ordered. around here to find offsets for the pur- So we should be looking at a tax cut. Mr. GREGG. So three things we need poses of paying for that, I would be There are lots of different discussions to be concerned about are, first, as we willing to do that, or at least some por- around here looking at what the tax step into this emergency spending tion of that. So as to the extent that cut should be. But in looking at this water, let us be careful about where emergency has occurred, I am willing tax cut, we have to look at where the the money comes from, let us look at to go back and see if we can’t find some revenue is coming from. an offset; second, let us get those caps ways to pay the cost of that emergency Revenues for this surplus are coming extended so we can have sound fiscal with some sort of offset, some percent- from the Social Security tax. They are policy throughout the 5 years of the age of it anyway, maybe not the whole not coming from the general revenue balanced budget agreement we reached amount, but a percentage of it. tax. They are not coming from the in- I am simply saying in throwing up a with the President; and third is, we come tax or the corporate tax or a va- word of caution here, before we step on look at a tax cut, let us have a tax cut riety of fees that we charge as a soci- to this emergency spending process that flows back to the people who are ety, as a Government. They are coming without any offsets, let’s look at what paying the taxes, those folks who are from the fact that people are paying it will do to the budget in the outyear paying Social Security taxes. more into the Social Security trust and what it will do to the Social Secu- Mr. President, I yield the floor. fund than the Social Security trust rity fund and is it proper to do it with- Mr. BUMPERS addressed the Chair. out offsets. I don’t think it is. Some fund is paying out today. As a result, The PRESIDING OFFICER. The Sen- percentage should be offset. we are running a surplus. That is true ator from Arkansas. Second, I want to talk about caps. through about the year 2001 or maybe Mr. BUMPERS. I ask unanimous con- Caps are ways we as Congress dis- even the year 2002, that the surplus of sent that I be permitted to proceed cipline ourselves, where we say we will this Government as it is projected will for—I will not say a specific period of not spend more than this amount in be primarily a Social Security trust time, I simply say that I will yield the any one year. That is what the emer- fund surplus. floor any time our leader or anybody gency issue is about, as I alluded to. So when we are looking at a tax cut working on the bankruptcy bill asks The emergency spending designation around here, I think we ought to look me to. I ask unanimous consent that I allows you to exceed the caps, which is at the people who are paying the taxes. be allowed to proceed as in morning an appropriate action in the budget That would only be logical. People who business. process, but is not necessarily a fis- are generating the surplus should get The PRESIDING OFFICER. Without cally sound action. the return of the taxes. And that objection, it is so ordered. The caps are in place only for the should be the Social Security taxpayer. f next 2 years because we do not have in More importantly, there is no more regressive tax that we have on the LET US RESERVE JUDGMENT ON place a budget. We did not reach a IMPEACHMENT budget agreement, and it does not ap- books than the FICA tax. It is paid pear we are going to reach a budget across the board. It is paid by every- Mr. BUMPERS. Mr. President, I had agreement this year which would ex- body. No matter what your earned in- not intended to discuss the subject of tend the caps over the lifetime of the come is, you pay the FICA tax at the the hour this morning, and I will only budget agreement which we reached same rate. It is a regressive tax by any do so briefly and, hopefully, not in a last year with the President. Last year, stretch of the imagination. No deduc- controversial way. I heard the Senator we reached the balanced budget agree- tions, no exemptions, you pay it. Thus, from Pennsylvania pleading with peo- ment, a very important act in the his- if we are looking for a place to cut ple to reserve judgment. And I simply tory of this country, which has led to taxes which would benefit the most want to echo what he said. These are the surplus, in large part, this year and Americans and be the fairest place to very traumatic times for this country. will lead to projected surpluses in the cut taxes, we should be looking at cut- And I would say, despite the trauma future years. But that budget agree- ting the Social Security tax. the country is experiencing over the ment only had caps for 3 years. It was So as we move down the road to the apparently possible impeachment of a 5-year agreement. So we are closing discussion on tax cuts, let us take a the President, we still have a tremen- in now on the point when those caps hard look at cutting the FICA tax, re- dous amount of work to do in the U.S. are no longer in existence and we will turning to the American people more Congress, and the American people no longer have any fiscal discipline of their tax dollars through a FICA tax have a right to expect us to do that around here. cut. In doing that, we ought to also be business before we leave here. I intend, and I hope I will receive the looking at increasing the savings of the While it is more gratifying, I sup- support of my colleagues, to offer an American people and trying to make pose, from a political standpoint, as S10234 CONGRESSIONAL RECORD — SENATE September 11, 1998 well as from a personal standpoint, to wanted to add my comments to those exchanges of this country, you tell me immerse ourselves in the Starr report, of the Senator from Pennsylvania, Mr. how you would evaluate that study we still have so much very serious, im- SPECTER. that was made about 4 months ago that portant work to do here, and I would be And I would also like to say that we are going to have a $1.4 trillion sur- willing to suggest that we should come when I talk about the work we have plus over the next 10 years. The surplus back after the election if necessary to yet to do here, I am talking about may hold up this year and we may get deal with some of these things. issues of health care, I am talking a surplus next year, because an awful Having said that, let me say that the about issues of the environment, and I lot of people are bailing out of the mar- President will respond in time to the am talking about issues of education. I ket. Starr report, I am sure. He is entitled am not trying to make a comparison, But when we talk about a surplus, it to be heard. The American people are but what I am saying is that morality has been said time and time and time entitled to an objective, nonpartisan is often like beauty, it is in the eye of again on the floor of this Senate, it is deliberation based on the facts. the beholder. not really a surplus. I don’t know why As a former trial lawyer, I have gone There has been an awful lot said in the name of God we keep calling it before jurors who I had a sneaking sus- about the President sacrificing his a surplus when it isn’t. But for the picion had made up their mind before I moral authority. And I would simply sake of argument, because this is the got to make my opening statement. remind people—and this is not intended way we do it here, let’s assume we will And I can tell you, it is a very queasy to be defensive—I would simply remind have a $50 to $63 billion surplus this feeling. I have tried cases when, in my people that allowing children to go year. But let me add this caveat: $100 own mind, I was satisfied that the jury without health care is immoral, too, in billion of that is the excess in the So- had made up its mind before the case this Senator’s opinion. And abusing the cial Security Trust Fund. You take the was tried, before they heard the evi- only planet God gave us to sustain our- Social Security excess out and we will dence, despite what we lawyers call selves is also immoral. have a $40 to $50 billion deficit. voir dire examination, where you ask Probably next Tuesday, The Senate Now, having set the stage for who- the jurors: ‘‘Do you have any pre- will debate a provision included in the ever may be listening to this argu- conceived notions about this case?’’ All Interior Appropriations bill that would ment, we are effectively looking this of them said no. And I did not come to prevent the Secretary of Interior from fall for a surplus, and every dime of it that conclusion that they made up being able to strengthen the environ- will come from the Social Security their mind before they heard the evi- mental rules determining how the Trust Fund. Then I pick up the paper dence just because I lost, it was based giant mining companies of this country this morning and I see where there is a on other things. will mine gold, silver and so on from move in the U.S. Senate to go ahead The American people have an inimi- our public lands. Most people don’t with a tax cut after all. I don’t know table, innate sense of fairness. The vast know it, but we mine gold through a whether what I read this morning is majority of the people in this country process called heap leach mining. And true or not, but I have applauded our want, expect, and have a right to know do you know what we use? Cyanide. I Budget Committee chairman in the that this whole situation is going to be am not saying it is immoral to use cya- past because he has steadfastly been considered in a very dignified way in nide, but I am saying it is immoral to opposed to tax cuts this year. But this accordance with the process. block regulations determining how you morning I read that maybe he is about This should not be—and I do not are going to use cyanide to keep it out ready to sign off on an $80 billion tax think it will be a political witch hunt. of rivers, streams and the underground cut. I want to say this: There is an un- And I want to compliment the people water supply. That is what the amend- assailable argument that can be made, in the House whom I have watched in ment on Tuesday will be about. that we are cutting taxes for some of the Rules Committee and in the Judici- I put in the category of being im- the wealthiest people in America and it ary Committee, and the Speaker of the moral to say the Secretary of the Inte- is coming right out of the Social Secu- House, in their admonitions to their rior must wait and let somebody else rity Trust Fund. own Members about this being a very do a study before he can protect the en- If you put $100 billion that we col- solemn, somber time in the history of vironment. Last year, we had a hand- lected in Social Security this year, in this country and we must treat it with shake deal on this subject—we agreed excess of what we paid out, if you take the seriousness it deserves. This is not not to procrastinate and delay Interior that surplus and take it off budget and one of those ‘‘let’s give them a fair Department regulations any longer. put it in the Trust Fund where it is trial and string them up’’ kind of hear- Now, this year we have to have the Na- supposed to be, you have a deficit. If ings. tional Academy of Sciences study it— you leave it in, you have a surplus. It So as an English philosopher once postpone it for another 27 months. At is a phony surplus. And this tax cut said, ‘‘There’s nothing more utterly the end of that, the mining industry will come out of the phony surplus, impossible than undoing that which will probably want the National Orga- which means it is coming right out of has already been done.’’ Whatever the nization of Women to study it. After the Social Security Trust Fund. President’s sins, they have been done. that, they will want NASA to study it Now, I would not presume to give po- So far as anybody much knows at the —anything to keep from facing up to litical advice to the people on the other present, the American people know despoiling the only planet we have to side of the aisle, and I can tell you that what those sins were, his indiscretions, sustain our children and grandchildren. nobody ever lost a vote—normally— what he described as ‘‘indefensible.’’ As I say, morality takes a lot of forms. voting for a tax cut. In 1993, we lost So the question before the House will f control of the Senate because we voted be whether or not any or all of those for a tax increase on the wealthiest of things combined reach the threshold TAX CUTS AND SAVING SOCIAL Americans which brought about our that the Founders intended in the Con- SECURITY current economic prosperity and re- stitution; and that is, we know it is not Mr. BUMPERS. Mr. President, I also newed fiscal soundness. I said time and treason and it is not bribery, and the wanted to discuss another matter of time again, if the Democrats had to next question will be: Does it reach the significance. We are going to tech- lose control of the Senate for casting a threshold of high crimes and mis- nically have a budget surplus this year. very courageous vote that brought this demeanors? Nobody knows how much it will be. country 7, 8 years of economic vi- The President has admitted, as far as The CBO has estimated the surplus will brancy, it was worth it. I know, virtually everything. So he has be somewhere between $50 and $63 bil- I lost two of the dearest friends I had bared his soul to the American people lion. They have projected $1.4 trillion in the election of 1994 because they and pleaded for their forgiveness, as he in surpluses over the next 10 years. We voted for the 1993 budget bill. We have did this morning before a prayer break- need to keep in mind that estimates been benefiting from it ever since, and fast. are just that—estimates. When you we now find ourselves in this very So, Mr. President, while I did not consider the fact in the last 60 days, happy, euphoric state. Why cannot we come over here to speak on that, I just $1.9 trillion has been lost on the stock enjoy and leave it alone? Why do we September 11, 1998 CONGRESSIONAL RECORD — SENATE S10235 have to keep tinkering with it? If you mule.’’ You will find that in the CON- haunted by the unspeakably weighty don’t want the Social Security Trust GRESSIONAL RECORD. And we did it. I consequences of lost life and the deep Fund to be a vibrant fund, something don’t know whether we choked a mule emotional conflicts this produces. Add that gives people who are in the work- or not, but the consequences were abso- to this terrible mix the factor of youth- force at the age of 25 or 30 some degree lutely horrendous, and remained hor- ful vulnerability and you invite ex- of assurance that it will be there for rendous until 1993 when we were look- treme emotional trauma. them, if you don’t want to do that, say ing at $300 billion in annual deficits as Also, abortion can have unique phys- so. far as the eye could see. ical consequences—rendering a young Mr. President, do you know that So I am pleading with my colleagues girl physically traumatized and even under current estimates—and these es- to think about it. My voice is not per- infertile from a bungled operation. timates, as I say, are just what I say suasive on the other side of the aisle, Most alarmingly, some ‘‘absconding’’ they are; they depend on the economy and I know that. It is very presump- adults can exhibit the extremes of irre- and they depend on a lot of things. But tuous of me to even make this speech, sponsibility and disregard for the phys- the Social Security Administration es- and I don’t intend to lecture. I am sim- ical well-being of their ‘‘charges.’’ timates by the year 2020, the Social Se- ply saying that despite what is going There are tragic examples of young curity trust fund will have a $3.7 tril- on here in this traumatic time in the women who have been plied with alco- lion surplus. The only problem with history of this country, let’s not com- hol, raped, impregnated, and then that is 12 years later it is bankrupt. If pound that by making a terrible eco- taken across State lines for secret we don’t fix Social Security—we are nomic mistake. And, as I say, for some, abortions. Some of these cases are just not going to do it this year—if we don’t in my opinion, it is a terrible political so horrific that one can’t even really get at it soon, and we allow ourselves mistake. repeat them. to squander a $3.7 trillion trust fund, it I yield the floor. We simply don’t want strangers will be one of the most callous, irre- Mr. BROWNBACK addressed the Chair. interfering with this important paren- sponsible acts ever taken by the U.S. The PRESIDING OFFICER (Mr. SES- tal responsibility, which is already pro- Congress. SIONS). The Senator from Kansas is rec- tected by several States. We must If you don’t want it to go to the So- ognized. honor the fact that parents have a cial Security Trust Fund, then you just f unique legal status of in loco parentis, tell your constituents you are not for a which is a historic common law charge CHILD CUSTODY PROTECTION tax cut; you want it to either stay in to protect their child’s well-being. ACT—MOTION TO PROCEED the Social Security Trust Fund or you Don’t let this right be eroded by unfet- want it to go on the national debt, The Senate continued with the con- tered abortion activists with baseless which now stands at about $5.2 trillion. sideration of the motion. constitutional law claims. To do other- We still have a vibrant economy. Mr. BROWNBACK. What is the pend- wise is an assault against the precious When you start taking money out of ing business? institution of ‘‘family,’’ which we prize the Social Security trust fund to fun- The PRESIDING OFFICER. The and which has been harmed and is a nel into the economy, you have the re- pending business is the motion to pro- fundamental foundation for our culture mote chance of increasing inflation. ceed to the Child Custody Protection and this society. You increase inflation, you increase in- Act, S. 1645. Let’s help, and not hinder, parents in terest rates. You increase interest Mr. BROWNBACK. Mr. President, I their difficult and crucial job in an oth- rates, the buying of cars and houses am a proud sponsor of the Child Cus- erwise potentially disastrous situation. goes ‘‘kerplunk.’’ Those are simple eco- tody Protection Act, which makes it a Let’s not allow parental rights and nomic principles. They are just as cer- Federal offense to transport a minor family ties to be further eroded. Let’s tain to happen as the night following across State lines to obtain an abor- support the wisdom of these 20-plus the day. tion in circumvention of State parental States which have already done the Why cannot we be grateful for our notification laws. Good laws, constitu- hard work of safeguarding unwed, preg- prosperity? Mr. President, I vented my tionally-tested laws, have been enacted nant children by requiring parental no- spleen on one of my favorite subjects in over 20 States which require paren- tification. In short, let’s support fam- this morning, and that is that I think tal participation, or judicial involve- ily values by passing this Child Cus- tinkering with the phony surplus in ment, in a minor’s abortion decision. tody Protection Act. order to provide a tax cut is not only Yet, these same laws are flagrantly Mr. President, this is a commonsense bad economic policy, it is bad politics breached by nonfamily adults who se- act. If you are going to allow—and we for those who propose it. In 1981—I am cretly transport young, pregnant girls have—parents to have the responsibil- not sure I would have had the courage, in complete disregard of her parents’ ity over a child in getting their ears except I had just been reelected, had 6 knowledge or participation. I think pierced, my goodness, shouldn’t we years in front of me to rectify what- this is wrong, and I believe most par- have the responsibility for a parent, or ever sins I committed—in 1981, I stood ents would agree with me. a court, to get involved if an abortion right here—I think I have been sitting The Child Custody Protection Act is is going to take place across State at this desk for about 18 years—and I really a family values bill which pre- lines? Shouldn’t we honor these States made the point just before we voted serves the parental right to oversee for their efforts in the devolution of that if you passed Ronald Reagan’s tax their child’s medical treatment of the power? Shouldn’t we honor those 20 cuts and doubled defense spending, you most intrusive kind—namely, that of States that have decided to go dif- were not going to balance the budget in abortion. This bill is about choosing to ferently on this and require the paren- 1984, you were going to create deficits support parents, rather than unrelated tal notification to take place? This just big enough to choke a mule. strangers, in their State-recognized makes sense throughout our constitu- There is nothing more fun for a poli- right to care for a vulnerable, at-risk tional system, throughout our Federal tician than to be able to say I told you daughter. Is this too much to ask? system, and throughout our family sys- so, so that is what I am saying. Eleven Even ear-piercing for minors requires tem. The foundational unit of this Gov- Senators voted against that. There parental authorization, let alone this ernment is the family. We should not were only three Senators who voted most disturbing surgical procedure. further erode that responsibility. For against the tax cuts and for the spend- Abortion, I believe, is in a class by all those reasons, I urge my colleagues ing cuts, which would have balanced itself and is unlike any other medical to help and support in the passage of the budget in 1984; it was yours truly, procedure, for both strikingly emo- this Child Custody Protection Act. Bill Bradley from New Jersey, and tional and physical reasons. There is I yield the floor, and I suggest ab- FRITZ HOLLINGS from South Carolina. no other surgery like it, where the ob- sence of a quorum. But 11 of us voted against that tax cut ject is to terminate a developing The PRESIDING OFFICER. The and said you are going to get the defi- human life, and the emotional reper- clerk will call the roll. cit out of control. My precise words cussions can be devastating. Women The legislative clerk proceeded to were: ‘‘It will be big enough to choke a who have experienced abortion are call the roll. S10236 CONGRESSIONAL RECORD — SENATE September 11, 1998 Mr. BYRD. Mr. President, I ask unan- day, September 15, the majority leader Mr. Hays, one of its reading clerks, an- imous consent that the order for the be recognized to lay aside the pending nounced that the Speaker has signed quorum call be rescinded. business and proceed to S. 1301 and the following enrolled bills: The PRESIDING OFFICER. Without Senator KENNEDY be recognized to offer S. 1682. An act to transfer administrative objection, it is so ordered. his second-degree amendment relative jurisdiction over part of the Lake Chelan Na- Mr. BYRD. Mr. President, is the Sen- to the minimum wage and there be 2 tional Recreation Area from the Secretary of ate in a period for morning business at hours equally divided prior to the mo- the Interior to the Secretary of Agriculture this time? tion to table and no further amend- for inclusion in the Wenatchee National For- The PRESIDING OFFICER. The Sen- ments be in order to the motion to est. ate is on a motion to proceed on which S. 1883. An act to direct the Secretary of table. the Interior to convey the Marion National cloture has been invoked. I further ask that if the amendment Mr. BYRD. Mr. President, I ask unan- Fish Hatchery and the Claude Harris Na- is not tabled, this agreement be null tional Aquacultural Research Center to the imous consent that I may be permitted and void. State of Alabama, and for other purposes. to speak out of order no longer than 15 The PRESIDING OFFICER. Without The enrolled bills were signed subse- minutes. objection, it is so ordered. The PRESIDING OFFICER. Without quently by the President pro tempore Mr. LOTT. Mr. President, I read the (Mr. THURMOND) objection, it is so ordered. list of amendments now that would be Mr. BYRD. Mr. President, I thank in order to the bankruptcy bill: Ken- f the Chair. nedy amendment regarding minimum ENROLLED BILLS PRESENTED The PRESIDING OFFICER. The Sen- wage; Durbin, relevant. It has to do The Secretary of the Senate reported ator from West Virginia is recognized. with the definition of residence and Mr. BYRD. I thank the Chair. that on September 11, 1998, he had pre- cramdown and nondischarge; Sarbanes Mr. President, let me say at this sented to the President of the United amendment regarding 800 solicitations; point that if the distinguished major- States, the following enrolled bills: Feinstein amendment regarding credit- ity leader wishes to interrupt me at S. 1683. An act to transfer administrative any point to offer a unanimous consent worthiness; two Dodd amendments, one having to do with under 21-year-olds jurisdiction over part of the Lake Chelan Na- request, I will certainly be happy to ac- tional Recreation Area from the Secretary of commodate him. and one having to do with education the Interior to the Secretary of Agriculture Mr. President, I ask unanimous con- savings accounts; Feingold amend- for inclusion in the Wenatchee National For- sent that I may yield to the distin- ments regarding filing fees and attor- est. guished majority leader for whatever ney’s fees; two relevant amendments S. 1883. An act to direct the Secretary of time he may desire, and that I may by Senator REED; one relevant amend- the Interior to convey the Marion National Fish Hatchery and the Claude Harris Na- then be recognized with my present ment for Senator DURBIN; Senator GRAMM, one relevant amendment; tional Aquacultural Research Center to the rights to the floor. State of Alabama, and for other purposes. The PRESIDING OFFICER. Without Hatch amendments, one IP and one rel- f objection, it is so ordered. evant; Senator GRASSLEY, a relevant amendment; Senator BROWNBACK, a rel- Mr. LOTT. Mr. President, I thank the EXECUTIVE AND OTHER evant amendment; Senator D’AMATO, distinguished Senator from West Vir- COMMUNICATIONS ginia for yielding. regarding ATM fees; Senator GRASS- The following communications were f LEY’s managers’ amendment to be agreed upon by the two leaders and laid before the Senate, together with UNANIMOUS CONSENT managers; one Lott, relevant; one accompanying papers, reports, and doc- AGREEMENT—S. 1301 Daschle, relevant; one Harkin regard- uments, which were referred as indi- Mr. LOTT. Mr. President, let me say, ing interest rates; Senator KOHL, cated: first, that this agreement has been homestead extension; and one relevant EC–6830. A communication from the Sec- worked out. I appreciate the coopera- by Senator JOHNSON. retary of Transportation, transmitting, pur- tion of all Senators with regard to f suant to law, a report on the Transition to bankruptcy, and I think it is fair and Quieter Airplanes; to the Committee on MORNING BUSINESS Commerce, Science, and Transportation. everybody is comfortable with it. EC–6831. A communication from the Assist- I ask unanimous consent that the Mr. LOTT. Mr. President, I ask unan- ant Secretary for Export Administration, cloture vote scheduled today be viti- imous consent that there be a period Department of Commerce, transmitting, pur- ated. for the transaction of morning business suant to law, the report of a rule entitled I further ask that the following with Senators permitted to speak for ‘‘Revisions to the Export Administration amendments be the only second-degree up to 10 minutes each. Regulations; Shipper’s Export Declaration amendments in order, and following The PRESIDING OFFICER. Without Requirements for Exports Valued Less Than the conclusion of the listed amend- objection, it is so ordered. $2,500’’ (RIN0694–AB71) received on Septem- ber 2, 1998; to the Committee on Commerce, ments the Senate proceed immediately f Science, and Transportation. to a vote on the committee substitute, MESSAGES FROM THE PRESIDENT EC–6832. A communication from the Acting as amended, and the Senate then pro- Deputy Assistant Administrator for Ocean ceed to the House companion bill, H.R. Messages from the President of the Services and Coastal Zone Management, Na- 3150, and all after the enacting clause United States were communicated to tional Oceanic and Atmospheric Administra- be stricken, the text of S. 1301 be in- the Senate by Mr. Williams, one of his tion, Department of Commerce, transmit- serted, the bill be advanced to third secretaries. ting, pursuant to law, the report of a rule en- reading and passage occur, all without EXECUTIVE MESSAGES REFERRED titled ‘‘Financial Assistance for a National further action or debate. As in executive session the Presiding Ocean Service Intern Program’’ (RIN0648– I further ask that the Senate insist Officer laid before the Senate messages ZA46) received on September 2, 1998; to the Committee on Commerce, Science, and on its amendment, request a con- from the President of the United Transportation. ference with the House, and the Chair States submitting sundry nominations EC–6833. A communication from the Direc- be authorized to appoint the following which were referred to the appropriate tor of the Office of Sustainable Fisheries, conferees on the part of the Senate. committees. National Oceanic and Atmospheric Adminis- And they are Senators HATCH, GRASS- (The nominations received today are tration, Department of Commerce, transmit- LEY, SESSIONS, LEAHY, and DURBIN. printed at the end of the Senate pro- ting, pursuant to law, the report of a rule en- I further ask that the Senate proceed ceedings.) titled ‘‘Fisheries of the Economic Exclusive Zone Off Alaska; Groundfish Fisheries by to S. 1301, under the agreement, at a f Vessels Using Hook-and-Line Gear in the time to be determined by the majority MESSAGES FROM THE HOUSE Gulf of Alaska’’ (I.D. 081498D) received on leader after consultation with the September 2, 1998; to the Committee on Com- Democratic leader. ENROLLED BILLS SIGNED merce, Science, and Transportation. I further ask that during the consid- At 12:11 p.m., a message from the EC–6834. A communication from the Direc- eration of S. 1301, but not before Tues- House of Representatives, delivered by tor of the Office of Sustainable Fisheries, September 11, 1998 CONGRESSIONAL RECORD — SENATE S10237 National Oceanic and Atmospheric Adminis- a rule regarding energy consumption and 7, 1998; to the Committee on Commerce, tration, Department of Commerce, transmit- water use of certain home appliances and Science, and Transportation. ting, pursuant to law, the report of a rule en- other products required under The Energy EC–6853. A communication from the Gen- titled ‘‘Fisheries of the Caribbean, Gulf of Policy and Conservation Act received on eral Counsel of the Department of Transpor- Mexico, and South Atlantic; Coastal Migra- September 7, 1998; to the Committee on Com- tation, transmitting, pursuant to law, the re- tory Pelagic Resources of the Gulf of Mexico merce, Science, and Transportation. port of a rule entitled ‘‘Establishment of and South Atlantic; Closure’’ (I.D. 081898B) EC–6843. A communication from the Gen- Class E Airspace; Collegeville, PA’’ (Docket received on September 2, 1998; to the Com- eral Counsel of the Department of Transpor- 98–AEA–06) received on September 7, 1998; to mittee on Commerce, Science, and Transpor- tation, transmitting, pursuant to law, the re- the Committee on Commerce, Science, and tation. port of a rule entitled ‘‘Safety Zone; Toward Transportation. EC–6835. A communication from the Direc- a Better Life Fireworks Display, Dorchester EC–6854. A communication from the Gen- tor of the Office of Sustainable Fisheries, Bay, Boston, MA’’ (Docket 01–98–131) re- eral Counsel of the Department of Transpor- National Oceanic and Atmospheric Adminis- ceived on September 7, 1998; to the Commit- tation, transmitting, pursuant to law, the re- tration, Department of Commerce, transmit- tee on Commerce, Science, and Transpor- port of a rule entitled ‘‘Establishment of ting, pursuant to law, the report of a rule en- tation. Class E Airspace; Grand Chenier, LA’’ (Dock- titled ‘‘Fisheries Off West Coast States and EC–6844. A communication from the Gen- et 98–ASW–26) received on September 7, 1998; in the Western Pacific; Pacific Coast eral Counsel of the Department of Transpor- to the Committee on Commerce, Science, Groundfish Fishery; Fixed Gear Sablefish tation, transmitting, pursuant to law, the re- and Transportation. Mop-Up’’ (I.D. 081998B) received on Septem- port of a rule entitled ‘‘Regulated Naviga- EC–6855. A communication from the Gen- ber 2, 1998; to the Committee on Commerce, tion Area: Copper Canyon, Lake Havasu, Col- eral Counsel of the Department of Transpor- Science, and Transportation. orado River; Correction’’ (Docket 11–97–010) tation, transmitting, pursuant to law, the re- EC–6836. A communication from the Direc- received on September 7, 1998; to the Com- port of a rule entitled ‘‘Revision of Class E tor of the Office of Sustainable Fisheries, mittee on Commerce, Science, and Transpor- Airspace; Leeville, LA’’ (Docket 98–ASW–27) National Oceanic and Atmospheric Adminis- tation. received on September 7, 1998; to the Com- tration, Department of Commerce, transmit- EC–6845. A communication from the Gen- mittee on Commerce, Science, and Transpor- ting, pursuant to law, the report of a rule en- eral Counsel of the Department of Transpor- tation. titled ‘‘Fisheries of the Northeastern United tation, transmitting, pursuant to law, the re- EC–6856. A communication from the Gen- States; Atlantic Mackerel, Squid, and port of a rule entitled ‘‘Airworthiness Direc- eral Counsel of the Department of Transpor- tation, transmitting, pursuant to law, the re- Butterfish Fisheries; Closure of Directed tives; Eurocopter France Model SA.315B, port of a rule entitled ‘‘Revision of Class E Fishery for Illex Squid’’ (I.D. 082098A) re- SA.316B, SA.316C, SA.319B, and SE.3160 Heli- Airspace; Intracoastal City, LA’’ (Docket 98– ceived on September 2, 1998; to the Commit- copters’’ (Docket 98–SW–23–AD) received on ASW–24) received on September 7, 1998; to tee on Commerce, Science, and Transpor- September 7, 1998; to the Committee on Com- the Committee on Commerce, Science, and tation. merce, Science, and Transportation. EC–6837. A communication from the Dep- EC–6846. A communication from the Gen- Transportation. EC–6857. A communication from the Gen- uty Assistant Administrator for Fisheries, eral Counsel of the Department of Transpor- eral Counsel of the Department of Transpor- National Oceanic and Atmospheric Adminis- tation, transmitting, pursuant to law, the re- tation, transmitting, pursuant to law, the re- tration, Department of Commerce, transmit- port of a rule entitled ‘‘Airworthiness Direc- port of a rule entitled ‘‘Revision of Class E ting, pursuant to law, the report of a rule en- tives; General Electric Company CF6–6 Se- Airspace; Venice, LA’’ (Docket 98–ASW–25) titled ‘‘Fisheries of the Caribbean, Gulf of ries Turbofan Engines’’ (Docket 98–ANE–18– received on September 7, 1998; to the Com- Mexico, and South Atlantic; Reef Fish Fish- AD) received on September 7, 1998; to the mittee on Commerce, Science, and Transpor- ery of the Gulf of Mexico; Red Snapper Man- Committee on Commerce, Science, and tation. agement Measures and Closure of the Rec- Transportation. EC–6858. A communication from the Gen- reational Fishery’’ (I.D. 081898A) received on EC–6847. A communication from the Gen- eral Counsel of the Department of Transpor- September 2, 1998; to the Committee on Com- eral Counsel of the Department of Transpor- tation, transmitting, pursuant to law, the re- merce, Science, and Transportation. tation, transmitting, pursuant to law, the re- port of a rule entitled ‘‘Revision of Class E EC–6838. A communication from the Assist- port of a rule entitled ‘‘Revocation of Class Airspace; Sabine Pass, TX’’ (Docket 98–ASW– ant Secretary for Legislative Affairs, De- D Airspace; Tustin MCAS, CA’’ (Docket 98– 28) received on September 7, 1998; to the partment of State, transmitting, pursuant to APW–19) received on September 7, 1998; to Committee on Commerce, Science, and law, the report of a rule entitled ‘‘Revised the Committee on Commerce, Science, and Transportation. Notice of Guidelines for Determining Com- Transportation. EC–6859. A communication from the Gen- parability of Foreign Programs for the Pro- EC–6848. A communication from the Gen- eral Counsel of the Department of Transpor- tection of Sea Turtles in Shrimp Trawl Fish- eral Counsel of the Department of Transpor- tation, transmitting, pursuant to law, the re- ing Operations’’ (Notice 2876) received on tation, transmitting, pursuant to law, the re- port of a rule entitled ‘‘Revision of Class E September 2, 1998; to the Committee on Com- port of a rule entitled ‘‘Revision of Class E Airspace; Grand Isle, LA’’ (Docket 98–ASW– merce, Science, and Transportation. Airspace, San Diego, North Island NAS, CA’’ 29) received on September 7, 1998; to the EC–6839. A communication from the Acting (Docket 98–AWP–20) received on September Committee on Commerce, Science, and Associate Managing Director for Perform- 7, 1998; to the Committee on Commerce, Transportation. ance Evaluation and Records Management, Science, and Transportation. EC–6860. A communication from the Gen- Federal Communications Commission, trans- EC–6849. A communication from the Gen- eral Counsel of the Department of Transpor- mitting, pursuant to law, the report of a rule eral Counsel of the Department of Transpor- tation, transmitting, pursuant to law, the re- entitled ‘‘Proposals to Reform the Commis- tation, transmitting, pursuant to law, the re- port of a rule entitled ‘‘Airworthiness Direc- sion’s Comparative Hearing Process to Expe- port of a rule entitled ‘‘Standard Instrument tives; Schempp-Hirth K.G. Model Cirrus Sail- dite the Resolution of Cases’’ (Docket 97–234) Approach Procedures; Miscellaneous Amend- planes’’ (Docket 98–CE–51–AD) received on received on August 28, 1998; to the Commit- ments’’ (Docket 29316) received on September September 7, 1998; to the Committee on Com- tee on Commerce, Science, and Transpor- 7, 1998; to the Committee on Commerce, merce, Science, and Transportation. tation. Science, and Transportation. EC–6861. A communication from the Gen- EC–6840. A communication from the Acting EC–6850. A communication from the Gen- eral Counsel of the Department of Transpor- Associate Managing Director for Perform- eral Counsel of the Department of Transpor- tation, transmitting, pursuant to law, the re- ance Evaluation and Records Management, tation, transmitting, pursuant to law, the re- port of a rule entitled ‘‘Airworthiness Direc- Federal Communications Commission, trans- port of a rule entitled ‘‘Standard Instrument tives; Airbus Industrie Model A300–600 Series mitting, pursuant to law, the report of a rule Approach Procedures; Miscellaneous Amend- Airplanes’’ (Docket 95–NM–200–AD) received entitled ‘‘Examination of Current Policy ments’’ (Docket 29315) received on September on September 7, 1998; to the Committee on Concerning the Treatment of Confidential 7, 1998; to the Committee on Commerce, Commerce, Science, and Transportation. Information Submitted to the Commission’’ Science, and Transportation. EC–6862. A communication from the Gen- (Docket 96–55) received on September 2, 1998; EC–6851. A communication from the Gen- eral Counsel of the Department of Transpor- to the Committee on Commerce, Science, eral Counsel of the Department of Transpor- tation, transmitting, pursuant to law, the re- and Transportation. tation, transmitting, pursuant to law, the re- port of a rule entitled ‘‘Railroad Commu- EC–6841. A communication from the Chair- port of a rule entitled ‘‘Improved Standards nications’’ (RIN2130–AB19) received on Sep- man of the Surface Transportation Board, for Determining Rejected Takeoff and Land- tember 7, 1998; to the Committee on Com- transmitting, pursuant to law, the report of ing Performance’’ (Docket 25471) received on merce, Science, and Transportation. a rule entitled ‘‘Revisions to Regulations September 7, 1998; to the Committee on Com- EC–6863. A communication from the Gen- Governing Finance Applications Involving merce, Science, and Transportation. eral Counsel of the Department of Transpor- Motor Passenger Carriers’’ (No. 559) received EC–6852. A communication from the Gen- tation, transmitting, pursuant to law, the re- on September 9, 1998; to the Committee on eral Counsel of the Department of Transpor- port of a rule entitled ‘‘Drawbridge Oper- Commerce, Science, and Transportation. tation, transmitting, pursuant to law, the re- ation Regulation; Victoria Channel, TX’’ EC–6842. A communication from the Sec- port of a rule entitled ‘‘Revocation of Class (Docket 08–98–049) received on September 7, retary of the Federal Trade Commission, D and E Airspace; Crows Landing, CA’’ 1998; to the Committee on Commerce, transmitting, pursuant to law, the report of (Docket 98–AWP–12) received on September Science, and Transportation. S10238 CONGRESSIONAL RECORD — SENATE September 11, 1998 EC–6864. A communication from the Gen- tives; Bombardier Inc. Model Otter DHC–3 Airplanes’’ (Docket 98–NM–21–AD) received eral Counsel of the Department of Transpor- Airplanes’’ (Docket 97–CE–120–AD) received on September 7, 1998; to the Committee on tation, transmitting, pursuant to law, the re- on September 7, 1998; to the Committee on Commerce, Science, and Transportation. port of a rule entitled ‘‘Drawbridge Oper- Commerce, Science, and Transportation. EC–6885. A communication from the Gen- ation Regulation; Lafourche Bayou, LA’’ EC–6875. A communication from the Gen- eral Counsel of the Department of Transpor- (Docket 08–98–052) received on September 7, eral Counsel of the Department of Transpor- tation, transmitting, pursuant to law, the re- 1998; to the Committee on Commerce, tation, transmitting, pursuant to law, the re- port of a rule entitled ‘‘Modification of Mul- Science, and Transportation. port of a rule entitled ‘‘Airworthiness Direc- tiple Federal Airways, Jet Routes, and Re- EC–6865. A communication from the Gen- tives; Alexander Schleicher Segelfugzeugbau porting Points; FL’’ (Docket 98–ASO–20) re- eral Counsel of the Department of Transpor- Models K 8 and K 8 B Sailplanes’’ (Docket 98– ceived on September 7, 1998; to the Commit- tation, transmitting, pursuant to law, the re- CE–02–AD) received on September 7, 1998; to tee on Commerce, Science, and Transpor- port of a rule entitled ‘‘Special Local Regu- the Committee on Commerce, Science, and tation. lations; 1998 Busch Beer Drag Boat Classic; Transportation. EC–6886. A communication from the Gen- Kaskaskia River Mile 28.0–29.0, New Athens, EC–6876. A communication from the Gen- eral Counsel of the Department of Transpor- Illinois’’ (Docket 08–98–054) received on Sep- eral Counsel of the Department of Transpor- tation, transmitting, pursuant to law, the re- tember 7, 1998; to the Committee on Com- tation, transmitting, pursuant to law, the re- port of a rule entitled ‘‘Revocation, Modi- merce, Science, and Transportation. port of a rule entitled ‘‘Airworthiness Direc- fication of Class E Airspace Areas; Cedar EC–6866. A communication from the Gen- tives; Pilatus Britten-Norman Ltd. BN–2, Rapids, IA; Correction’’ (Docket 97–ACE–34) eral Counsel of the Department of Transpor- BN–2A, BN–2B, and BN–2A MK. 111 Series received on September 7, 1998; to the Com- tation, transmitting, pursuant to law, the re- Airplanes’’ (Docket 97–CE–111–AD) received mittee on Commerce, Science, and Transpor- port of a rule entitled ‘‘Safety Zone; Around on September 7, 1998; to the Committee on tation. Alone 98/99 Fireworks, Custom House Reach, Commerce, Science, and Transportation. EC–6887. A communication from the Gen- Charleston, SC (COTP Charleston 98–053)’’ re- EC–6877. A communication from the Gen- eral Counsel of the Department of Transpor- ceived on September 7, 1998; to the Commit- eral Counsel of the Department of Transpor- tation, transmitting, pursuant to law, the re- tee on Commerce, Science, and Transpor- tation, transmitting, pursuant to law, the re- port of a rule entitled ‘‘Amendment to Class tation. port of a rule entitled ‘‘Airworthiness Direc- E Airspace; Columbus NE; Correction’’ EC–6867. A communication from the Gen- tives; McDonnell Douglas Model MD–90–30 (Docket 97–ACE–32) received on September 7, eral Counsel of the Department of Transpor- Series Airplanes’’ (Docket 98–NM–255–AD) re- 1998; to the Committee on Commerce, tation, transmitting, pursuant to law, the re- ceived on September 7, 1998; to the Commit- Science, and Transportation. port of a rule entitled ‘‘Safety Zone; tee on Commerce, Science, and Transpor- EC–6888. A communication from the Gen- Gloucester Schooner Festival Fireworks Dis- tation. eral Counsel of the Department of Transpor- play, Gloucester Harbor, Gloucester, MA’’ EC–6878. A communication from the Gen- tation, transmitting, pursuant to law, the re- (Docket 01–98–130) received on September 7, eral Counsel of the Department of Transpor- port of a rule entitled ‘‘Modification of Class 1998; to the Committee on Commerce, tation, transmitting, pursuant to law, the re- E Airspace; Lawrenceville, IL’’ (Docket 98– Science, and Transportation. port of a rule entitled ‘‘Airworthiness Direc- AGL–2) received on September 7, 1998; to the EC–6868. A communication from the Gen- tives; British Aerospace Model Viscount 744, Committee on Commerce, Science, and eral Counsel of the Department of Transpor- 745, 745D, and 810 Series Airplanes’’ (Docket Transportation. tation, transmitting, pursuant to law, the re- 97–NM–321–AD) received on September 7, EC–6889. A communication from the Gen- port of a rule entitled ‘‘Uniform Criteria for 1998; to the Committee on Commerce, eral Counsel of the Department of Transpor- State Observational Surveys of Seat Belt Science, and Transportation. tation, transmitting, pursuant to law, the re- EC–6879. A communication from the Gen- Use’’ (RIN2127–AH46) received on September port of a rule entitled ‘‘Remove Class E Air- eral Counsel of the Department of Transpor- 7, 1998; to the Committee on Commerce, space and Establish Class E Airspace; tation, transmitting, pursuant to law, the re- Science, and Transportation. Springfield, MO’’ (Docket 98–ACE–20) re- EC–6869. A communication from the Gen- port of a rule entitled ‘‘Airworthiness Direc- ceived on September 7, 1998; to the Commit- eral Counsel of the Department of Transpor- tives; Allison Engine Company Model 250– tee on Commerce, Science, and Transpor- tation, transmitting, pursuant to law, the re- C47B Turboshaft Engines’’ (Docket 97–ANE– tation. port of a rule entitled ‘‘Airworthiness Direc- 40–AD) received on September 7, 1998; to the EC–6890. A communication from the Gen- tives; Aerospatiale Model SN–601 (Corvette) Committee on Commerce, Science, and eral Counsel of the Department of Transpor- Series Airplanes’’ (Docket 98–NM–158–AD) re- Transportation. tation, transmitting, pursuant to law, the re- ceived on September 7, 1998; to the Commit- EC–6880. A communication from the Gen- port of a rule entitled ‘‘Revision of Class E tee on Commerce, Science, and Transpor- eral Counsel of the Department of Transpor- Airspace; Dallas-Fort Worth, TX’’ (Docket tation. tation, transmitting, pursuant to law, the re- EC–6870. A communication from the Gen- port of a rule entitled ‘‘Airworthiness Direc- 98–ASW–42) received on September 7, 1998; to eral Counsel of the Department of Transpor- tives; Pratt and Whitney JT8D Series Turbo- the Committee on Commerce, Science, and tation, transmitting, pursuant to law, the re- fan Engines’’ (Docket 97–ANE–05) received on Transportation. port of a rule entitled ‘‘Amendment to Class September 7, 1998; to the Committee on Com- EC–6891. A communication from the Gen- E Airspace; Danville, VA’’ (Docket 98–AEA– merce, Science, and Transportation. eral Counsel of the Department of Transpor- 12) received on September 7, 1998; to the EC–6881. A communication from the Gen- tation, transmitting, pursuant to law, the re- Committee on Commerce, Science, and eral Counsel of the Department of Transpor- port of a rule entitled ‘‘Alteration of VOR Transportation. tation, transmitting, pursuant to law, the re- Federal Airways; WA’’ (Docket 97–ANM–23) EC–6871. A communication from the Gen- port of a rule entitled ‘‘Airworthiness Direc- received on September 7, 1998; to the Com- eral Counsel of the Department of Transpor- tives; Dornier Model 328–100 Series Air- mittee on Commerce, Science, and Transpor- tation, transmitting, pursuant to law, the re- planes’’ (Docket 98–NM–54–AD) received on tation. port of a rule entitled ‘‘Establishment of September 7, 1998; to the Committee on Com- EC–6892. A communication from the Gen- Class E Airspace; Tidioute, PA’’ (Docket 98– merce, Science, and Transportation. eral Counsel of the Department of Transpor- AEA–05) received on September 7, 1998; to the EC–6882. A communication from the Gen- tation, transmitting, pursuant to law, the re- Committee on Commerce, Science, and eral Counsel of the Department of Transpor- port of a rule entitled ‘‘Establishment of Transportation. tation, transmitting, pursuant to law, the re- Class E Airspace; Willits, CA’’ (Docket 96– EC–6872. A communication from the Gen- port of a rule entitled ‘‘Airworthiness Direc- AWP–26) received on September 7, 1998; to eral Counsel of the Department of Transpor- tives; Aeromot-Industria Mecanico the Committee on Commerce, Science, and tation, transmitting, pursuant to law, the re- Metalurgica Ltda. Model AMT–200 Powered Transportation. port of a rule entitled ‘‘Establishment of Gliders’’ (Docket 98–CE–27–AD) received on EC–6893. A communication from the Gen- Class E Airspace; Fairfax, VA’’ (Docket 98– September 7, 1998; to the Committee on Com- eral Counsel of the Department of Transpor- AEA–13) received on September 7, 1998; to the merce, Science, and Transportation. tation, transmitting, pursuant to law, the re- Committee on Commerce, Science, and EC–6883. A communication from the Gen- port of a rule entitled ‘‘Airworthiness Direc- Transportation. eral Counsel of the Department of Transpor- tives; Saab Model SAAB 340B Series Air- EC–6873. A communication from the Gen- tation, transmitting, pursuant to law, the re- planes’’ (Docket 98–NM–49–AD) received on eral Counsel of the Department of Transpor- port of a rule entitled ‘‘Airworthiness Direc- September 7, 1998; to the Committee on Com- tation, transmitting, pursuant to law, the re- tives; Construcciones Aeronauticas, S.A. merce, Science, and Transportation. port of a rule entitled ‘‘Establishment of (CASA) Model CN–235 Series Airplanes’’ EC–6894. A communication from the Gen- Class E Airspace; Carlisle, PA’’ (Docket 98– (Docket 97–NM–331–AD) received on Septem- eral Counsel of the Department of Transpor- AEA–11) received on September 7, 1998; to the ber 7, 1998; to the Committee on Commerce, tation, transmitting, pursuant to law, the re- Committee on Commerce, Science, and Science, and Transportation. port of a rule entitled ‘‘Airworthiness Direc- Transportation. EC–6884. A communication from the Gen- tives; British Aerospace Jetstream Model EC–6874. A communication from the Gen- eral Counsel of the Department of Transpor- 3101 Airplanes’’ (Docket 98–CE–54–AD) re- eral Counsel of the Department of Transpor- tation, transmitting, pursuant to law, the re- ceived on September 7, 1998; to the Commit- tation, transmitting, pursuant to law, the re- port of a rule entitled ‘‘Airworthiness Direc- tee on Commerce, Science, and Transpor- port of a rule entitled ‘‘Airworthiness Direc- tives; Bombardier Model CL–600–2B16 Series tation. September 11, 1998 CONGRESSIONAL RECORD — SENATE S10239 EC–6895. A communication from the Gen- EC–6905. A communication from the Direc- keting Area; Suspension of Certain Provi- eral Counsel of the Department of Transpor- tor of the Office of Regulatory Management sions of the Order’’ (Docket DA–98–08) re- tation, transmitting, pursuant to law, the re- and Information, Environmental Protection ceived on September 10, 1998; to the Commit- port of a rule entitled ‘‘Airworthiness Direc- Agency, transmitting, pursuant to law, the tee on Agriculture, Nutrition, and Forestry. tives; Glaser-Dirks Flugzeubau GmbH Model report of a rule entitled ‘‘Metolachlor; Pes- DG–500M Gliders’’ (Docket 98–CE–31–AD) re- ticide Tolerances for Emergency Exemp- EC–6916. A communication from the Ad- ceived on September 7, 1998; to the Commit- tions’’ (FRL6017–9) received on September 7, ministrator of the Agricultural Marketing tee on Commerce, Science, and Transpor- 1998; to the Committee on Environment and Service, Department of Agriculture, trans- tation. Public Works. mitting, pursuant to law, the report of a rule EC–6896. A communication from the Gen- EC–6906. A communication from the Direc- entitled ‘‘Oranges, Grapefruit, Tangerines, eral Counsel of the Department of Transpor- tor of the Office of Regulatory Management and Tangelos Grown in Florida; Increased tation, transmitting, pursuant to law, the re- and Information, Environmental Protection Assessment Rate’’ (Docket FV98–905–3 FR) port of a rule entitled ‘‘Airworthiness Direc- Agency, transmitting, pursuant to law, the received on September 10, 1998; to the Com- tives; McDonnell Douglas Model MD–90–30 report of a rule entitled ‘‘Sulfosate; Pes- mittee on Agriculture, Nutrition, and For- Series Airplanes’’ (Docket 98–NM–136–AD) re- ticide Tolerance’’ (FRL6026–6) received on estry. ceived on September 7, 1998; to the Commit- September 7, 1998; to the Committee on Envi- EC–6917. A communication from the Ad- tee on Commerce, Science, and Transpor- ronment and Public Works. ministrator of the Agricultural Marketing tation. EC–6907. A communication from the Sec- Service, Department of Agriculture, trans- EC–6897. A communication from the Acting retary of Labor, transmitting, the official re- mitting, pursuant to law, the report of a rule Assistant Attorney General, Department of port of the National Summit on Retirement entitled ‘‘Fluid Milk Promotion Order; Justice, transmitting, pursuant to law, the Savings; to the Committee on Labor and Amendments to the Order’’ (Docket DA–98– Department’s report under the Equal Credit Human Resources. 04) received on September 10, 1998; to the Opportunity Act for the calendar years 1996 EC–6908. A communication from the Direc- Committee on Agriculture, Nutrition, and and 1997; to the Committee on Banking, tor of the Regulations Policy and Manage- Forestry. Housing, and Urban Affairs. ment Staff, Food and Drug Administration, EC–6918. A communication from the Ad- EC–6898. A communication from the Assist- Department of Health and Human Services, ministrator of the Agricultural Marketing ant Secretary for Legislative Affairs, De- transmitting, pursuant to law, the report of Service, Department of Agriculture, trans- partment of State, transmitting, pursuant to a rule entitled ‘‘Listing of Color Additives mitting, pursuant to law, the report of a rule law, the report of a proposed license for the for Coloring Sutures; D and C Violet No. 2; entitled ‘‘Fresh Prunes Grown in Designated export of technical data and defense services Confirmation of Effective Date’’ (Docket Counties in Washington and Umatilla Coun- to Germany for the development of the 95C–0399) received on September 10, 1998; to ty, Oregon; Increased Assessment Rate’’ Teledesic Satellite System (DTC 38–98) re- the Committee on Labor and Human Re- (Docket FV98–924–1 FR) received on Septem- ceived on September 9, 1998; to the Commit- sources. ber 10, 1998; to the Committee on Agri- tee on Foreign Relations. EC–6909. A communication from the Dep- culture, Nutrition, and Forestry. EC–6919. A communication from the Fed- EC–6899. A communication from the Direc- uty Executive Director and Chief Operating eral Register Certifying Officer, Financial tor of the Office of Management and Budget, Officer, Pension Benefit Guaranty Corpora- Management Service, Department of the Executive Office of the President, transmit- tion, transmitting, pursuant to law, the re- Treasury, transmitting, pursuant to law, the ting, pursuant to law, reports on direct port of a rule entitled ‘‘Allocation of Assets report of a rule entitled ‘‘Offset of Federal spending and receipts legislation within in Single-Employer Plans; Interest Assump- Benefit Payments to Collect Past-due, Le- seven days of enactment (Reports 456–460); to tions for Valuing Benefits’’ received on Sep- gally Enforceable Nontax Debt’’ (RIN1510– the Committee on the Budget. tember 10, 1998; to the Committee on Labor AA74) received on September 9, 1998; to the EC–6900. A communication from the Direc- and Human Resources. tor of the Fish and Wildlife Service, Depart- Committee on Finance. EC–6910. A communication from the Acting EC–6920. A communication from the Chief ment of the Interior, transmitting, pursuant Clerk of the United States Court of Federal of the Regulations Unit, Internal Revenue to law, the report of a rule entitled ‘‘Endan- Claims, transmitting, pursuant to law, the Service, Department of the Treasury, trans- gered and Threatened Wildlife and Plants; Report of the Review Panel and the Report mitting, pursuant to law, the report of a rule Final Rule to Determine Endangered or of the Hearing Officer with respect to the entitled ‘‘Tax Forms and Instructions’’ (Rev. Threatened Status for Six Plants From the case of Banfi Products Corp. V. United Proc. 98–50) received on September 9, 1998; to Mountains of Southern California’’ (RIN1018– States; to the Committee on the Judiciary. the Committee on Finance. AD34) received on September 9, 1998; to the EC–6911. A communication from the Acting EC–6921. A communication from the Chief Committee on Environment and Public Assistant Secretary of Defense for Reserve of the Regulations Unit, Internal Revenue Works. Affairs, transmitting, pursuant to law, no- Service, Department of the Treasury, trans- EC–6901. A communication from the Direc- tice that the Department’s report of a plan mitting, pursuant to law, the report of a rule tor of the Fish and Wildlife Service, Depart- to ensure that all military technical posi- entitled ‘‘Tax Forms and Instructions’’ (Rev. ment of the Interior, transmitting, pursuant tions are held by dual status military techni- Proc. 98–51) received on September 9, 1998; to to law, the report of a rule entitled ‘‘Endan- cians will not be finalized before January the Committee on Finance. gered and Threatened Wildlife and Plants; 1999; to the Committee on Armed Services. EC–6922. A communication from the Chief Determination of Threatened Status for EC–6912. A communication from the Prin- of the Regulations Unit, Internal Revenue Four Plants From the Foothills of the Sierra cipal Deputy to the Under Secretary for Ac- Service, Department of the Treasury, trans- Nevada Mountains in California’’ (RIN1018– quisition and Technology, Department of De- mitting, pursuant to law, the report of a rule AC99) received on September 9, 1998; to the fense, transmitting, pursuant to law, the De- entitled ‘‘Roth IRA Guidance’’ (Rev. Proc. Committee on Environment and Public partment’s report entitled ‘‘Defense Environ- 98–49) received on September 9, 1998; to the Works. mental Quality Program Annual Report to Committee on Finance. EC–6902. A communication from the Direc- Congress for Fiscal Year 1997’’; to the Com- EC–6923. A communication from the Chief tor of the Office of Regulatory Management mittee on Armed Services. of the Regulations Unit, Internal Revenue and Information, Environmental Protection EC–6913. A communication from the Direc- Service, Department of the Treasury, trans- Agency, transmitting, pursuant to law, the tor of Washington Headquarters Services, mitting, pursuant to law, the report of a rule report of a rule entitled ‘‘Bacillus Department of Defense, transmitting, pursu- entitled ‘‘Determination of Interest Rate’’ Sphaericus; Exemption From the Require- ant to law, the report of a rule entitled ‘‘Ci- (Rev. Rul. 98–46) received on September 10, ment of a Tolerance’’ (FRL6024–2) received vilian Health and Medical Program of the 1998; to the Committee on Finance. on September 7, 1998; to the Committee on Uniformed Services (CHAMPUS); TRICARE EC–6924. A communication from the Prin- Environment and Public Works. Program; Reimbursement’’ (RIN0720–AA37) cipal Deputy Assistant Secretary for Con- EC–6903. A communication from the Direc- received on September 10, 1998; to the Com- gressional Affairs, Department of Veterans tor of the Office of Regulatory Management mittee on Armed Services. Affairs, transmitting, a draft of proposed leg- and Information, Environmental Protection EC–6914. A communication from the Ad- islation entitled ‘‘The Department of Veter- Agency, transmitting, pursuant to law, the ministrator of the Agricultural Marketing ans Affairs Employment Reduction Assist- report of a rule entitled ‘‘Cypermethrin; Pes- Service, Department of Agriculture, trans- ance Act’’; to the Committee on Govern- ticide Tolerance’’ (RIN2070–AB78) received on mitting, pursuant to law, the report of a rule mental Affairs. September 7, 1998; to the Committee on Envi- entitled ‘‘Kiwifruit Grown in California; Re- EC–6925. A communication from the Chair- ronment and Public Works. laxation of Pack Requirements’’ (Docket man of the Council of the District of Colum- EC–6904. A communication from the Direc- FV98–920–4 IFR) received on September 10, bia, transmitting, pursuant to law, a report tor of the Office of Regulatory Management 1998; to the Committee on Agriculture, Nu- of District of Columbia Act 12–418 dated July and Information, Environmental Protection trition, and Forestry. 7, 1998; to the Committee on Governmental Agency, transmitting, pursuant to law, the EC–6915. A communication from the Ad- Affairs. report of a rule entitled ‘‘Esfenvalerate; Pes- ministrator of the Agricultural Marketing EC–6926. A communication from the Chair- ticide Tolerance’’ (FRL6026–5) received on Service, Department of Agriculture, trans- man of the Council of the District of Colum- September 7, 1998; to the Committee on Envi- mitting, pursuant to law, the report of a rule bia, transmitting, pursuant to law, a report ronment and Public Works. entitled ‘‘Milk in the Southwest Plains Mar- of District of Columbia Act 12–419 dated July S10240 CONGRESSIONAL RECORD — SENATE September 11, 1998 7, 1998; to the Committee on Governmental EC–6937. A communication from the Direc- SUBMISSION OF CONCURRENT AND Affairs. tor of the Office of Management and Budget, SENATE RESOLUTIONS EC–6927. A communication from the Chair- Executive Office of the President, transmit- man of the Council of the District of Colum- ting, pursuant to law, the OMB Sequestra- The following concurrent resolutions bia, transmitting, pursuant to law, a report tion Report to the President and Congress and Senate resolutions were read, and of District of Columbia Act 12–421 dated July for Fiscal Year 1999; referred jointly, pursu- referred (or acted upon), as indicated:Q 7, 1998; to the Committee on Governmental ant to the order of January 30, 1975, as modi- By Mr. COVERDELL (for himself and Affairs. fied by the order April 11, 1986, to the Com- Mr. SHELBY): EC–6928. A communication from the Chair- mittee on Appropriations, to the Committee S. Con. Res. 117. A concurrent resolution man of the Council of the District of Colum- on the Budget, to the Committee on Agri- expressing the sense of Congress that the bia, transmitting, pursuant to law, a report culture, Nutrition, and Forestry, to the Secretary of Transportation should exercise of District of Columbia Act 12–422 dated July Committee on Armed Services, to the Com- 7, 1998; to the Committee on Governmental reasonable judgment in promulgating regu- mittee on Banking, Housing, and Urban Af- lations relating to airline flights and should Affairs. fairs, to the Committee on Commerce, EC–6929. A communication from the Chair- rescind the directive to establish peanut-free Science, and Transportation, to the Commit- man of the Council of the District of Colum- zones on airline flights; to the Committee on tee on Energy and Natural Resources, to the bia, transmitting, pursuant to law, a report Commerce, Science, and Transportation. Committee on Environment and Public of District of Columbia Act 12–426 dated July f Works, to the Committee on Finance, to the 7, 1998; to the Committee on Governmental Committee on Foreign Relations, to the Affairs. STATEMENTS ON INTRODUCED EC–6930. A communication from the Chair- Committee on Governmental Affairs, to the BILLS AND JOINT RESOLUTIONS Committee on the Judiciary, to the Commit- man of the Council of the District of Colum- By Mr. MOYNIHAN (for himself bia, transmitting, pursuant to law, a report tee on Labor and Human Resources, to the of District of Columbia Act 12–434 dated July Committee on Small Business, to the Com- and Mr. D’AMATO): 7, 1998; to the Committee on Governmental mittee on Veterans’ Affairs, to the Select S. 2461. A bill to extend the extend Affairs. Committee on Intelligence, to the Commit- the authorization for the Upper Dela- EC–6931. A communication from the Acting tee on Rules and Administration, and to the ware Citizens Advisory Council and to Director of the Office of Sustainable Fish- Committee on Indian Affairs. authorize construction and operation EC–6938. A communication from the Dep- eries, National Oceanic and Atmospheric Ad- of a visitor center for the Upper Dela- ministration, Department of Commerce, uty Associate Director for Royalty Manage- transmitting, pursuant to law, the report of ment, Minerals Management Service, De- ware Scenic and Recreational River, a rule entitled ‘‘Fisheries of the Exclusive partment of the Interior, transmitting, pur- New York and Pennsylvania; to the Economic Zone Off Alaska; Pollock in Sta- suant to law, notice of refunds of offshore Committee on Energy and Natural Re- tistical Area 610 of the Gulf of Alaska’’ (I.D. lease revenues; to the Committee on Energy sources. 090298A) received on September 10, 1998; to and Natural Resources. UPPER DELAWARE SCENIC AND RECREATIONAL the Committee on Commerce, Science, and RIVER LEGISLATION Transportation. f EC–6932. A communication from the Acting ∑ Mr. MOYNIHAN. Mr. President, Director of the Office of Sustainable Fish- PETITIONS AND MEMORIALS today I introduce, along with my friend and colleague Senator D’AMATO, a bill eries, National Oceanic and Atmospheric Ad- The following petitions and memori- ministration, Department of Commerce, that would extend the authorization transmitting, pursuant to law, the report of als were laid before the Senate and for the Upper Delaware River Citizens a rule regarding the Closure of Ocean Rec- were referred or ordered to lie on the Advisory Committee and authorize the reational Salmon Fisheries from Cape Alava table as indicated: construction of a visitors center. The to Queets River, Washington, and Leadbetter POM–532. A resolution adopted by the New Point, Washington, to Cape Falcon, Oregon Upper Delaware is a 73 mile stretch of England Governors’ Conference relative to free flowing water between Hancock (I.D. 081998A) received on September 10, 1998; the Medicare Interim Payment System; to to the Committee on Commerce, Science, the Committee on Finance. and Sparrowbush, New York along the and Transportation. Pennsylvania border. The area is home EC–6933. A communication from the Acting f to the Zane Gray Museum and to Director of the Office of Sustainable Fish- Roebling’s Delaware Aqueduct, which eries, National Oceanic and Atmospheric Ad- REPORTS OF COMMITTEES is believed to be the oldest existing ministration, Department of Commerce, transmitting, pursuant to law, the report of The following reports of committees wire cable suspension bridge. The a rule entitled ‘‘Fisheries off West Coast were submitted: Upper Delaware is an ideal location for States and in the Western Pacific; Pacific By Mr. CHAFEE, from the Committee on canoeing, kayaking, rafting, tubing, Coast Groundfish Fishery; Cumulative Limit Environment and Public Works, with amend- sightseeing, and fishing. Period Changes’’ (I.D. 081498B) received on ments: In 1987 the Secretary of the Interior September 10, 1998; to the Committee on S. 2361. A bill to amend the Robert T. Staf- approved a management plan for the Commerce, Science, and Transportation. ford Disaster Relief and Emergency Assist- EC–6934. A communication from the Assist- Upper Delaware Scenic and Rec- ance Act to authorize programs for ant Administrator for Fisheries, National reational River which called for the de- predisaster mitigation, to streamline the ad- Marine Fisheries Service, Department of velopment of a visitors center at the ministration of disaster relief, to control the Commerce, transmitting, pursuant to law, south end of the river corridor. It Federal costs of disaster assistance, and for the report of a rule entitled ‘‘Fisheries of the other purposes (Rept. No. 105–326). would be owned and constructed by the Northeastern United States; Northeast National Park Service. In 1993 New Multispecies Fishery; Cultivator Shoal Whit- f York State authorized a lease with the ing Fishery’’ (I.D. 072098B) received on Sep- tember 10, 1998; to the Committee on Com- Park Service for the construction of a merce, Science, and Transportation. INTRODUCTION OF BILLS AND visitor center on State-owned land in EC–6935. A communication from the Assist- JOINT RESOLUTIONS the town of Deerpark in the vicinity of ant Administrator for Fisheries, National The following bills and joint resolu- Mongaup. This bill allows the Sec- Marine Fisheries Service, Department of tions were introduced, read the first retary to enter into such a lease and to Commerce, transmitting, pursuant to law, and second time by unanimous con- construct and operate the visitor cen- the report of a rule entitled ‘‘Fisheries of the sent, and referred as indicated:Q ter. Northeastern United States; Framework 10 Mr. President, the many thousands of to the Atlantic Sea Scallop Fishery Manage- By Mr. MOYNIHAN (for himself and ment Plan’’ (I.D. 081098A) received on Sep- Mr. D’AMATO): visitors to this wonderful river would tember 10, 1998; to the Committee on Com- S. 2461. A bill to extend the authorization benefit greatly from a place to go to merce, Science, and Transportation. for the Upper Delaware Citizens Advisory find out about the recreational oppor- EC–6936. A communication from the Direc- Council and to authorize construction and tunities, the history, and the flora and tor of the National Oceanic and Atmospheric operation of a visitor center for the Upper fauna of the river. This bill would move Administration, Department of Commerce, Delaware Scenic and Recreational River, that process along to its conclusion. It transmitting, pursuant to law, the report of New York and Pennsylvania; to the Commit- would also continue the Citizens Advi- a rule entitled ‘‘NOAA Climate and Global tee on Energy and Natural Resources. Change Program, Program Announcement’’ By Mr. BAUCUS: sory Council that ensures that the (RIN0648–ZA39) received on September 10, S. 2462. A bill entitled ‘‘Lisa De Land Fi- views and concerns of local residents 1998; to the Committee on Commerce, nancial Protection Act’’; to the Committee are kept in mind when management de- Science, and Transportation. on Finance. cisions are made. My colleague from September 11, 1998 CONGRESSIONAL RECORD — SENATE S10241 New York and I ask for the support of troducing would allow the families of or not these funds are recovered. Fami- other Senators, and I ask unanimous disabled persons to keep the money lies across the country and in my home consent that the text of the bill be that they put in trust funds to care for state of Montana are seriously affected printed in the RECORD. their family members. Individual by this problem. It is time to make a There being no objection, the bill was states would have the option of wheth- change in the system that will help out ordered to be printed in the RECORD, as er or not to recover those funds. average families in extreme cir- follows: Recently, Virginia De Land, a con- cumstances. S. 2461 cerned Montanan contacted me regard- Mr. President, I ask unanimous con- Be it enacted by the Senate and House of Rep- ing a problem that her family was fac- sent that the text of the bill be printed resentatives of the United States of America in ing. The De Land family is from Mis- in the RECORD. Congress assembled, soula, Montana. Their daughter, Lisa There being no objection, the bill was SECTION 1. EXTENSION OF AUTHORIZATION FOR suffers from a genetic disease that has ordered to be printed in the RECORD, as UPPER DELAWARE CITIZENS ADVI- affected her since birth. It is called follows: SORY COUNCIL. Section 704(f)(1) of the National Parks and Williams Syndrome. Williams Syn- S. 2462 Recreation Act of 1978 (16 U.S.C. 1274 note; drome is a rare genetic disorder that Be it enacted by the Senate and House of Rep- Public Law 95–625) is amended in the last affects about 1 in 20,000 births. Those resentatives of the United States of America in sentence by striking ‘‘20’’ and inserting ‘‘30’’. who suffer from the syndrome are miss- Congress assembled, SEC. 2. VISITOR CENTER FOR UPPER DELAWARE ing genetic material on their seventh SECTION 1. SHORT TITLE. SCENIC AND RECREATIONAL RIVER. chromosome. They are excessively so- This Act may be cited as the ‘‘Lisa De (a) FINDINGS.—Congress finds that— cial people. They have low to normal Land Financial Protection Act’’. (1) on September 29, 1987, the Secretary of IQ’s, however they are often gifted SEC. 2. STATE OPTION TO EXEMPT CERTAIN the Interior approved a management plan for musically and have great social inter- TRUSTS FROM THE ESTATE RECOV- the Upper Delaware Scenic and Recreational ERY PROVISIONS OF THE MEDICAID River, as required by section 704(c) of the Na- actions skills. People who suffer from PROGRAM. tional Parks and Recreation Act of 1978 (16 Williams Syndrome are almost always Section 1917(b)(1)(B) of the Social Security U.S.C. 1274 note; Public Law 95–625); extroverts. Act (42 U.S.C. 1396p(b)(1)(B)) is amended— (2) the management plan called for the de- From the time that Lisa was small, (1) by redesignating clauses (i) and (ii) as velopment of a primary visitor contact facil- her parents wanted to be able to as- subclauses (I) and (II), respectively; ity located at the southern end of the river sume some responsibility for her (2) by striking ‘‘In’’ and inserting ‘‘(i) In’’; corridor; healthcare. At one point the family and (3) the management plan determined that tried to buy an annuity. In order for (3) by adding at the end the following: the visitor center would be built and oper- ‘‘(ii) At the option of a State, clause (i) ated by the National Park Service; Lisa to qualify for programs such as shall not apply in the case of an individual (4) section 704 of that Act limits the au- medicaid and SSI, the family’s lawyer who, at the time the individual received thority of the Secretary of the Interior to advised them to disinherit Lisa. If Lisa medical assistance under the State plan— acquire land within the boundary of the river had other money set aside for her, she ‘‘(I) was disabled, mentally ill, or phys- corridor; and would have access to medicaid. For ically handicapped, as determined by the (5) on June 21, 1993, the State of New York middle income families, it is virtually State; and authorized a 99-year lease between the New impossible to support a child with a ‘‘(II) was the beneficiary of a trust estab- York State Department of Environmental disability on their finances alone. lished under the law of the State where the Conservation and the National Park Service Self Sufficiency trust funds allow individual resided by the beneficiary, a par- for construction and operation of a visitor ent, grandparent, legal guardian, or at the center by the Federal Government on State- families to use money in a variety of direction of a court for the purpose of provid- owned land in the town of Deerpark, Orange ways. The money can be used for rea- ing or supplementing the cost of the care and County, New York, in the vicinity of sons as varied as the disabilities that treatment for the individual (including the Mongaup, which is the preferred site for the individuals have. For example, if an in- cost of medical assistance provided under visitor center. dividual has to live in a group home, the State plan), (b) AUTHORIZATION OF VISITOR CENTER.— money can be used to provide that per- but only if State law provides that, upon the Section 704(d) of the National Parks and son with a separate telephone in his or death of the individual, not more than 90 Recreation Act of 1978 (16 U.S.C. 1274 note; her room. In Montana, these trusts are percent of the value of the trust may be con- Public Law 95–625) is amended— veyed to the heirs of the individual and that (1) by striking ‘‘(d) Notwithstanding’’ and great mechanisms that allow families help support loved ones. These trusts the remainder shall be donated to a chari- inserting the following: table trust approved by the State.’’.∑ ‘‘(d) ACQUISITION OF LAND.— let families provide support without f ‘‘(1) IN GENERAL.—Notwithstanding’’; and disinheriting a child and allow them to (2) by adding at the end the following: have ongoing participation in the ADDITIONAL COSPONSORS ‘‘(2) VISITOR CENTER.—For the purpose of healthcare process. For example, if S. 374 constructing and operating a visitor center Lisa had a self-sufficiency trust, she for the segment of the Upper Delaware River At the request of Mr. ROBB, the designated as a scenic and recreational river would still qualify for medicaid and her names of the Senator from South Da- family would still be able to provide by section 3(a)(19) of the Wild and Scenic kota (Mr. JOHNSON) and the Senator some assistance for her. Rivers Act (16 U.S.C. 1274(a)(19)), subject to from Wyoming (Mr. ENZI) were added With the implementation of the Med- the availability of appropriations, the Sec- as cosponsors of S. 374, a bill to amend retary of the Interior may— icaid Recovery Act, any trust that was title 38, United States Code, to extend ‘‘(A) enter into a lease with the State of set up would be recovered by the fed- eligibility for hospital care and medi- New York, for a term of 99 years, for State- eral government when the medicaid re- cal services under chapter 17 of that owned land within the boundaries of the cipient turned 55, or when that person title to veterans who have been award- Upper Delaware River located at an area passed away. Lisa’s parent’s had hoped known as ‘Mongaup’ near the confluence of ed the Purple Heart, and for other pur- that when she no longer needed the the Mongaup and Upper Delaware Rivers in poses. the State of New York; and money from the trust fund, that money S. 1021 ‘‘(B) construct and operate the visitor cen- would go to the rest of their children. ter on the land leased under subparagraph Current law requires the Government At the request of Mr. HAGEL, the (A).’’.∑ to recover that money, denying the name of the Senator from Maine (Ms. other children access to it. Many peo- SNOWE) was added as a cosponsor of S. By Mr. BAUCUS: ple with disabilities have a short life 1021, a bill to amend title 5, United S. 2462. A bill entitled ‘‘Lisa De Land expectancy. In this case, these families States Code, to provide that consider- Financial Protection Act’’; to the Com- would not be affected by this law. How- ation may not be denied to preference mittee on Finance. ever, Lisa has a normal life expectancy eligibles applying for certain positions f and with this law, the money that is in the competitive service, and for THE LISA DE LAND FINANCIAL PROTECTION ACT set aside for her health care will be re- other purposes. ∑ Mr. BAUCUS. Mr. President, today I covered by the government. S. 1459 introduce the Lisa De Land Financial It is important for individual states At the request of Mr. GRASSLEY, the Protection Act. The bill that I am in- to have the option to choose whether name of the Senator from Oregon (Mr. S10242 CONGRESSIONAL RECORD — SENATE September 11, 1998

SMITH) was added as a cosponsor of S. during World War II, and to advance Whereas the Secretary of Transportation 1459, a bill to amend the Internal Reve- the late Major General Walter C. Short should rescind the directive that requires nue Code of 1986 to provide a 5-year ex- on the retired list of the Army to the major United States air carriers to reserve up to 3 rows on airplanes for people who are tension of the credit for producing highest grade held and Commanding allergic to peanuts: Now, therefore, be it electricity from wind and closed-loop General, Hawaiian Department, during Resolved by the Senate (the House of Rep- biomass. World War II, as was done under the Of- resentatives concurring), That it is the sense S. 1977 ficer Personnel Act of 1947 for all other of Congress that the Secretary of Transpor- tation should rescind the directive pertain- At the request of Mr. D’AMATO, the senior officers who served impositions ing to peanut-free zones on airline flights. name of the Senator from Connecticut of command during World War II, and f (Mr. DODD) was added as a cosponsor of for other purposes. S. 1977, a bill to direct the Secretary of SENATE CONCURRENT RESOLUTION 103 AMENDMENTS SUBMITTED Transportation to conduct a study and At the request of Mr. MOYNIHAN, the issue a report on predatory and dis- name of the Senator from Alabama criminatory practices of airlines which (Mr. SESSIONS) was added as a cospon- CONSUMER BANKRUPTCY REFORM restrict consumer access to unbiased sor of Senate Concurrent Resolution ACT OF 1998 air transportation passenger service 103, a concurrent resolution expressing and fare information. the sense of the Congress in support of LEAHY AMENDMENT NO. 3564 S. 2049 the recommendations of the Inter- national Commission of Jurists on (Ordered to lie on the table.) At the request of Mr. KERRY, the Mr. LEAHY submitted an amend- Tibet and on United States policy with name of the Senator from California ment intended to be proposed by him regard to Tibet. (Mrs. BOXER) was added as a cosponsor to amendment No. 3559 submitted by AMENDMENT NO. 2418 of S. 2049, a bill to provide for pay- Mr. GRASSLEY to the bill (S. 1301) to ments to children’s hospitals that oper- At the request of Mr. JEFFORDS the amend title 11, United States Code, to ate graduate medical education pro- name of the Senator from Virginia (Mr. provide for consumer bankruptcy pro- grams. ROBB) was added as a cosponsor of tection, and for other purposes; as fol- S. 2190 amendment No. 2418 proposed to S. lows: At the request of Mr. KENNEDY, the 1723, a bill to amend the Immigration At the appropriate place in title VII, insert name of the Senator form Michigan and Nationality Act to assist the the following: (Mr. ABRAHAM) was added as a cospon- United States to remain competitive SEC. ll. CHAPTER 11 DISCHARGE OF DEBTS by increasing the access of the United ARISING FROM TOBACCO-RELATED sor of S. 2190, a bill to authorize quali- DEBTS. fied organizations to provide technical States firms and institutions of higher education to skilled personnel and by Section 1141(d) of title 11, United States assistance and capacity building serv- Code, is amended by adding at the end the ices to microenterprise development expanding educational and training op- following: organizations and programs and to dis- portunities for American students and ‘‘(5)(A) the confirmation of a plan does not advantaged entrepreneurs using funds workers. discharge a debtor that is a corporation from f any debt arising from a judicial, administra- from the Community Development Fi- tive, or other action or proceeding that is— nancial Institutions Fund, and for SENATE CONCURRENT RESOLU- ‘‘(i) related to the consumption or con- other purposes. TION 117—EXPRESSING THE sumer purchase of a tobacco product; and S. 2201 SENSE OF CONGRESS THAT THE ‘‘(ii) based in whole or in part on— At the request of Mr. TORRICELLI, the SECRETARY OF TRANSPOR- ‘‘(I) a false pretense or representation; or TATION SHOULD EXERCISE REA- ‘‘(II) actual fraud. names of the Senator from Oklahoma ‘‘(B) In this paragraph, the term ‘tobacco (Mr. NICKLES) and the Senator from SONABLE JUDGMENT IN PRO- product’ means— Georgia (Mr. CLELAND) were added as MULGATING REGULATIONS RE- ‘‘(i) a cigarette, as defined in section 3 of cosponsors of S. 2201, a bill to delay the LATING TO AIRLINE FLIGHTS the Federal Cigarette Labeling and Advertis- effective date of the final rule promul- AND SHOULD RESCIND THE DI- ing Act (15 U.S.C. 1332); gated by the Secretary of Health and RECTIVE TO ESTABLISH PEA- ‘‘(ii) a little cigar, as defined in section 3 of Human Services regarding the Organ NUT-FREE ZONES ON AIRLINE the Federal Cigarette Labeling and Advertis- Procurement and Transplantation Net- FLIGHTS ing Act (15 U.S.C. 1332); ‘‘(iii) a cigar, as defined in section 5702(a) work. Mr. COVERDELL (for himself and of the Internal Revenue Code of 1986; S. 2390 Mr. SHELBY) submitted the following ‘‘(iv) pipe tobacco; At the request of Mr. BROWNBACK, the concurrent resolution; which was re- ‘‘(v) loose rolling tobacco and papers used names of the Senator from Indiana ferred to the Committee on Commerce, to contain that tobacco; (Mr. LUGAR) and the Senator from Science, and Transportation: ‘‘(vi) a product referred to as smokeless to- bacco, as defined in section 9 of the Com- Montana (Mr. BURNS) were added as co- S. CON. RES. 117 prehensive Smokeless Tobacco Health Edu- sponsors of S. 2390, a bill to permit Whereas policies of the Federal Govern- cation Act of 1986 (15 U.S.C. 4408); and ships built in foreign countries to en- ment should recognize that the Centers for ‘‘(vii) any other form of tobacco intended gage in coastwise in the transport of Disease Control and Prevention has deter- for human consumption.’’. certain products. mined that 1⁄10 of 1 percent of the population of the United States is allergic to peanuts; S. 2418 FEINGOLD (AND SPECTER) Whereas the Secretary of Transportation At the request of Mr. JEFFORDS, the has issued a directive to establish peanut- AMENDMENTS NOS. 3565–3566 names of the Senator from Virginia free zones on domestic airline flights; (Ordered to lie on the table.) (Mr. ROBB) and the Senator from Lou- Whereas establishing peanut-free zones is Mr. FEINGOLD (for himself and Mr. isiana (Mr. BREAUX) were added as co- an excessive regulation to that important SPECTER) submitted two amendments sponsors of S. 2418, a bill to establish problem; intended to be proposed by them to rural opportunity communities, and for Whereas that directive unfairly singles out amendment No. 3559 submitted by Mr. 1 product while ignoring all other allergens; other purposes. GRASSLEY to the bill, S. 1301, supra; as Whereas that directive subrogates the SENATE JOINT RESOLUTION 55 rights of the 99.9 percent of the traveling follows: At the request of Mr. ROTH, the name public who are not allergic to peanuts; AMENDMENT NO. 3565 of the Senator from New Mexico (Mr. Whereas the Secretary of Transportation At the appropriate place in title IV, insert DOMENICI) was added as a cosponsor of states in that directive that the only danger the following: Senate Joint Resolution 55, a joint res- to allergenic passengers is accidental inges- SEC. 4ll. BANKRUPTCY FEES. olution requesting the President to ad- tion of peanuts; Section 1930 of title 28, United States Code, Whereas establishing a precedent for pea- is amended— vance the late Rear Admiral Husband nut-free zones in airplanes might needlessly (1) in subsection (a), by striking ‘‘Notwith- E. Kimmel on the retired list of the establish allergen-free zones for all public standing section 1915 of this title, the par- Navy to the highest grade held as Com- transportation, including buses, trains, sub- ties’’ and inserting ‘‘Subject to subsection mander in Chief, United States Fleet, ways, and cable cars; and (f), the parties’’; and September 11, 1998 CONGRESSIONAL RECORD — SENATE S10243 (2) by adding at the end the following: any debt arising from a judicial, administra- TORRICELLI AMENDMENT NO. 3571 ‘‘(f)(1) The Judicial Conference of the tive, or other action or proceeding that is (Ordered to lie on the table.) United States shall prescribe procedures for based in whole or in part on false pretenses, waiving fees under this subsection. a false representation, or actual fraud.’’ Mr. TORRICELLI submitted an ‘‘(2) Under the procedures described in amendment intended to be proposed by paragraph (1), the district court or the bank- him to amendment No. 3559 proposed ruptcy court may waive a filing fee described McCAIN AMENDMENT NO. 3569 by Mr. GRASSLEY to the bill, S. 1301, in paragraph (3) for a case commenced under (Ordered to lie on the table.) supra; as follows: chapter 7 of title 11 if the court determines Mr. MCCAIN submitted an amend- In section 722, strike ‘‘Section 901(a)’’ and that an individual debtor is unable to pay ment intended to be proposed by him all that follows through the end of the sec- that fee in installments. to amendment No. 2559 submitted by tion and insert the following: ‘‘(3) A filing fee referred to in paragraph (2) (a) IN GENERAL.—Section 901(a) of title 11, Mr. GRASSLEY to the bill, S. 1301, supra; is— United States Code, is amended by inserting ‘‘(A) a filing fee under subsection (a)(1); or as follows: ‘‘1123(d),’’ after ‘‘1123(b),’’. ‘‘(B) any other fee prescribed by the Judi- At the appropriate place in title VII, insert (b) FIREARMS DEFINED.—Section 101 of title cial Conference of the United States under the following: 11, United States Code, is amended— subsection (b) that is payable to the clerk of SEC. 7ll. FEES ARISING FROM CERTAIN OWN- (2) by redesignating paragraphs (27) the district court or the clerk of the bank- ERSHIP INTERESTS. through (72) as paragraphs (28) through (73), ruptcy court upon the commencement of a Section 523(a)(16) of title 11, United States respectively; and case under chapter 7 of title 11. Code, is amended— (2) by inserting after paragraph (26), as re- ‘‘(4) In addition to waiving a fee described (1) by striking ‘‘dwelling’’ the first place it designated by section 401, the following: in paragraph (3) under paragraph (2), the dis- appears; ‘‘(27) The term ‘firearm’— trict court or the bankruptcy court may (2) by striking ‘‘ownership or’’ and insert- ‘‘(A) has the meaning given that term in waive any other fee prescribed under sub- ing ‘‘ownership,’’; section 921(3) of title 18; and section (b) or (c) if the court determines that (3) by striking ‘‘housing’’ the first place it ‘‘(B) includes any firearm included under the individual is unable to pay that fee in in- appears; and the definition of that term under section 5845 stallments.’’. (4) by striking ‘‘but only’’ and all that fol- of the Internal Revenue Code of 1986.’’. lows through ‘‘such period,’’, and inserting (c) EXCEPTIONS TO DISCHARGE.—Section AMENDMENT NO. 3566 ‘‘or a lot in a homeowners association, for as 523(a) of title 11, United States Code, is On page 53, lines 10 and 11, strike ‘‘and long as the debtor or the trustee has a legal, amended— finds that the action of the counsel for the equitable, or possessory ownership interest (1) in paragraph (17), by striking ‘‘or’’ at debtor in filing under this chapter was not in such unit, such corporation, or such lot,’’. the end; substantially justified’’. (2) in paragraph (18), by striking the period On page 53, line 12, after ‘‘the court shall’’ at the end and inserting ‘‘; or’’; and insert ‘‘award all reasonable costs in pros- SPECTER AMENDMENT NO. 3570 (3) by adding at the end the following: ecuting the motion, including reasonable at- (Ordered to lie on the table.) ‘‘(19) resulting from harm caused by a de- torneys’ fees, which shall be treated as an Mr. SPECTER submitted an amend- fective firearm that the debtor sold or manu- administrative expense under section 503(b) factured.’’. ment intended to be proposed by him (d) AUTOMATIC STAY.—Section 362(b) of in a case under this title that is converted to to amendment No. 3559 proposed by Mr. a case under another chapter of this title’’. title 11, United States Code, is amended— On page 53, lines 12 through 14, strike GRASSLEY to the bill, S. 1301, supra; as (1) in paragraph (22), by striking ‘‘or’’ at ‘‘order the counsel for the debtor to reim- follows: the end; burse the trustee for all reasonable costs in At the appropriate place in title VII, insert (2) in paragraph (23), by striking the period prosecuting the motion, including reason- the following: at the end and inserting ‘‘; or’’; and (3) by adding at the end the following: able attorneys’ fees’’. SEC. 7ll. TRANSFERS MADE BY NONPROFIT On page 55, between lines 6 and 7, insert CHARITABLE CORPORATIONS. ‘‘(24) under subsection (a) of this section of— the following: (a) SALE OF PROPERTY OF ESTATE.—Section (b) ALLOWANCE OF ADMINISTRATIVE EX- 363(d) of title 11, United States Code, is ‘‘(A) the commencement or continuation, PENSES.—Section 503(b)(3) of title 11, United amended— and conclusion to the entry of final judg- States Code, is amended— (1) by striking ‘‘only’’ and all that follows ment, of a judicial, administrative, or other (1) in subparagraph (E), by striking ‘‘or’’ at through the end of the subsection and insert- action or proceeding against a debtor relat- the end; ing ‘‘only— ing to a claim for harm caused by a defective (2) in subparagraph (F), by adding ‘‘or’’ at ‘‘(1) in accordance with applicable non- firearm that the debtor sold or manufac- the end; and bankruptcy law that governs the transfer of tured; or (3) by adding at the end the following: property by a corporation or trust that is ‘‘(B) the perfection or enforcement of a ‘‘(G) a panel trustee appointed under sec- not a moneyed, business, or commercial cor- judgment or order referred to in subpara- tion 586(a)(1) of title 28 who brings a motion poration or trust; and graph (A) against property of the estate or for dismissal or conversion under section ‘‘(2) to the extent not inconsistent with property of the debtor.’’. 707(b), if the court grants the motion of the any relief granted under subsection (c), (d), trustee and the case is converted to a case (e), or (f) of section 362’’. FEINSTEIN AMENDMENT NO. 3572 under another chapter of this title.’’. (b) CONFIRMATION OF PLAN FOR REORGA- (Ordered to lie on the table.) On page 55, line 7, strike ‘‘(b)’’ and insert NIZATION.—Section 1129(a) of title 11, United Mrs. FEINSTEIN submitted an ‘‘(c)’’. States Code, is amended by adding at the end amendment intended to be proposed by the following: her to the bill, S. 1301, supra; as fol- FORD AMENDMENTS NOS. 3567–3568 ‘‘(14) All transfers of property of the plan shall be made in accordance with any appli- lows: (Ordered to lie on the table.) cable provisions of nonbankruptcy law that At the appropriate place, insert the follow- Mr. FORD submitted two amend- govern the transfer of property by a corpora- ing: ments intended to be proposed by him tion or trust that is not a moneyed, business, SEC. ll. HIGH DEBT-TO-INCOME RATIO CREDIT. to amendment No. 3559 submitted by or commercial corporation or trust.’’. (a) AMENDMENTS TO THE TRUTH IN LENDING Mr. GRASSLEY to the bill, S. 1301, supra; (c) TRANSFER OF PROPERTY.—Section 541 of ACT.—The Truth in Lending Act (15 U.S.C. as follows: title 11, United States Code, is amended by 1601 et seq.) is amended by inserting after adding at the end the following: section 109 the following: AMENDMENT NO. 3567 ‘‘(e) Notwithstanding any other provision ‘‘SEC. 110. HIGH DEBT-TO-INCOME RATIO CREDIT. Strike all after ‘‘that is’’ on page 1, line 10 of this title, property that is held by a debt- ‘‘(a) DEFINITIONS.—For purposes of this sec- of the amendment and insert the following: or that is a corporation described in section tion— ‘‘Based in whole or in part on a false pre- 501(c)(3) of the Internal Revenue Code of 1986 ‘‘(1) the term ‘high debt-to-income ratio tense or representation, or actual fraud.’’ and exempt from tax under section 501(a) of credit’ means an extension of credit in which such Code may be transferred to an entity the total required monthly payments on con- AMENDMENT NO. 3568 that is not such a corporation, but only sumer credit obligations of the consumer At the end of the matter proposed to be in- under the same conditions as would apply if (other than residential mortgage obliga- serted, insert the following: the debtor had not filed a case under this tions, including any refinancing thereof), to- ‘‘Section 1141(d) of title 11, United States title.’’. gether with any amount anticipated to be Code, is amended by adding at the end the (d) APPLICABILITY.—The amendments made advanced by the creditor within 30 days after following: by this section shall apply to a case pending the date on which the extension of credit is ‘‘(6) The confirmation of a plan does not under title 11, United States Code, on the made, is greater than 40 percent of the discharge a debtor that is a corporation from date of enactment of this Act. monthly gross income of the consumer; and S10244 CONGRESSIONAL RECORD — SENATE September 11, 1998 ‘‘(2) the required monthly payment on a Lending Act, in any case in which the court ‘‘(27) under subsection (a) of this section, of credit card obligation shall be calculated as finds that— any act to enforce any lien against or secu- 8 percent of the total principal balance or ‘‘(A) the extension of high debt-to-income rity interest in real property— the minimum payment then due with respect ratio credit contributed to the need for the ‘‘(A) if the debtor is ineligible under sec- to the obligation, whichever is greater. debtor to file for relief under this title; or tion 109(g) to be a debtor in a bankruptcy ‘‘(b) DUTY TO INQUIRE.—A creditor that ex- ‘‘(B) the payment of that claim would re- case; or tends credit under an open end credit plan duce the payments to other unsecured credi- ‘‘(B) if the bankruptcy case was filed in after soliciting the consumer in any manner tors.’’. violation of a bankruptcy court order in a shall, prior to extending credit, obtain a (3) DISMISSAL.—Section 707(b) of title 11, prior bankruptcy case prohibiting the debtor written statement signed by the consumer, United States Code, as amended by section from being a debtor in another bankruptcy in such form as the Board shall prescribe, 102 of this Act, is amended by adding at the case.’’. that sets forth the information necessary to end the following: calculate whether the extension of credit ‘‘(6) A party in interest may not make a DODD AMENDMENTS NOS. 3574–3575 being made is high debt-to-income ratio motion under this section if that party in in- credit. A creditor may rely on such state- terest has filed a claim against the debtor (Ordered to lie on the table) ment in making the designation provided for that is based on an extension of high debt-to- Mr. DODD submitted two amend- under subsection (c), if such reliance is rea- income ratio credit, as defined in section 110 ments intended to be proposed by him sonable in light of any other information of the Truth in Lending Act.’’. to amendment No. 3559 to proposed by that the creditor has concerning the finan- (c) CLERICAL AMENDMENT.—The table of Mr. GRASSLEY to the bill, S. 1301, supra; cial circumstances of the consumer. sections for chapter 1 of title I of the Con- as follows: ‘‘(c) DESIGNATION OF EXTENSION OF CREDIT sumer Credit Protection Act (15 U.S.C. 1601 AMENDMENT NO. 3574 AS HIGH DEBT-TO-INCOME RATIO CREDIT.—An et seq.) is amended by inserting after the Strike section 417 and insert the following: extension of high debt-to-income ratio cred- item relating to section 109, the following: SEC. 417. IMPROVED BANKRUPTCY it, as defined in subsection (a), shall be des- ‘‘Sec. 110. High debt-to-income ratio credit.’’. ignated as such by the creditor. PROCEDURES. ‘‘(d) SPECIAL REQUIREMENTS FOR HIGH (a) IN GENERAL.—Section 707(b) of title 11, DEBT-TO-INCOME RATIO CREDIT.—A creditor FEINSTEIN AMENDMENT NO. 3573 United States Code, as amended by section that extends high debt-to-income ratio cred- (Ordered to lie on the table.) 102, is amended by adding at the end the fol- it to a consumer shall— Mrs. FEINSTEIN submitted an lowing: ‘‘(1) not later than 3 business days prior to amendment intended to be proposed by ‘‘(6) For purposes of determining the cur- making any such credit available to the con- her to amendment No. 3559 submitted rent income of a debtor under this sub- sumer— section, funds received by the debtor’s house- ‘‘(A) provide information to the consumer, by Mr. GRASSLEY to the bill, S. 1301, hold as child support payments, foster care in a form prescribed by the Board, concern- supra; as follows: payments, or disability payments for a de- ing the risks and consequences of becoming At the appropriate place in title VII, insert pendent child made in accordance with appli- overextended on credit; and the following: cable Federal, State, and local law, and ‘‘(B) inform the consumer that the exten- SEC. 7ll. CURBING ABUSIVE FILINGS. funds delivered in trust for the care and wel- sion of credit has been designated as high fare of children shall not be counted as in- (a) IN GENERAL.—Section 362(d) of title 11, debt-to-income ratio credit; and come.’’. United States Code, is amended— ‘‘(2) annually compile and make available (b) HOUSEHOLD GOODS.—Section 101(27A) of (1) in paragraph (2), by striking ‘‘or’’ at the to the public for inspection and copying, in a title 11, United States Code, as added by sec- end; manner prescribed by the Board, the number tion 317, is amended by striking ‘‘of a de- (2) in paragraph (3), by striking the period of extensions of high debt-to-income ratio pendent child’’ and inserting ‘‘of the debtor at the end and inserting ‘‘; or’’; and credit made by the creditor, the median in- or a dependent child of the debtor (including (3) by adding at the end the following: terest rate charged by the creditor on such property that is reasonably necessary for the ‘‘(4) with respect to a stay of an act against credit, and the total amount of such credit maintenance or support of a dependent child real property under subsection (a), by a cred- offered and extended by the creditor. of the debtor or property generally used by itor whose claim is secured by an interest in ‘‘(e) PROHIBITION OF PENALTY RATES.—A children) of a value of less than $400’’. such real estate, if the court finds that the creditor may not raise the interest rate (c) PROTECTION OF SAVINGS EARMARKED FOR filing of the bankruptcy petition was part of charged on high debt-to-income ratio credit THE POSTSECONDARY EDUCATION OF CHIL- a scheme to delay, hinder, and defraud credi- based on a default by the obligor. DREN.—Section 541(b) of title 11, United tors that involved either— ‘‘(f) MINIMUM PAYMENTS ON HIGH DEBT-TO- States Code, is amended— ‘‘(A) transfer of all or part ownership of, or INCOME RATIO CREDIT.—A creditor that ex- (1) in paragraph (4), by inserting ‘‘365 or’’ other interest in, the real property without tends high debt-to-income ratio credit, or its before ‘‘542’’; the consent of the secured creditor or court assignees, may not offer to the obligor the (2) in paragraph (5), by striking the period approval; or option of making monthly minimum pay- at the end and inserting ‘‘; or’’; and ‘‘(B) multiple bankruptcy filings affecting ments with regard to the obligation that (3) by inserting after paragraph (5) the fol- the real property. cover less than 4 percent of the total out- lowing: If recorded in compliance with applicable standing balance, together with interest ‘‘(6) any funds placed in an account estab- State laws governing notices of interests or then due, at any time during the period of lished to pay for the costs of postsecondary liens in real property, an order entered pur- the obligation. education at an institution of higher edu- suant to this subsection shall be binding in ‘‘(g) PENALTIES.—A creditor that fails to cation (as that term is used in section any other case under this title purporting to comply with this section shall be liable to 481(a)(1) of the Higher Education Act of 1965 affect the real property filed not later than the consumer for statutory damages of (20 U.S.C. 1088(a)(1)) of a child who is under 2 years after that recording, except that a $2,000, actual damages, and costs, including the age of 18 years at the time the account debtor in a subsequent case may move for re- attorney fees.’’. is established, if those funds are held in that lief from such order based upon changed cir- (b) TREATMENT UNDER BANKRUPTCY LAW.— account for a period beginning not later than cumstances or for good cause shown, after (1) EXCEPTIONS TO DISCHARGE.—Section 180 days before the date of entry of the order notice and a hearing.’’. 523(a) of title 11, United States Code, as and continuing through the date of entry of (b) AUTOMATIC STAY.—Section 362(b) of amended by section 202, is amended by add- the order.’’. ing at the end the following flush sentence: title 11, United States Code, as amended by (d) CREDIT EXTENSIONS.—The amendments ‘‘The exception under subparagraphs (A) and section 709, is amended— made by section 316 of this Act shall apply to (C) of paragraph (2) shall not apply to any (1) in paragraph (24), by striking ‘‘or’’ at debts incurred on or after the date of enact- claim made by a creditor in connection with the end; ment of this Act. an extension of high debt-to-income ratio (2) in paragraph (25) by striking the period credit, as defined in section 110 of the Truth at the end and inserting ‘‘; or’’; and AMENDMENT NO. 3575 in Lending Act.’’. (3) by adding at the end the following: At the appropriate place, insert the follow- (2) INTEREST.—Section 502(b) of title 11, ‘‘(26) under subsection (a) of this section, of United States Code, as amended by section any act to enforce any lien against or secu- ing new section: 206 of this Act, is amended— rity interest in real property following the SEC. ll. EXTENSIONS OF CREDIT TO (A) in paragraph (9), by striking ‘‘or’’ at entry of an order under section 362(d)(4) as to UNDERAGE CONSUMERS. the end; that property in any prior bankruptcy case (a) IN GENERAL.—Section 127(c) of the (B) in paragraph (10), by striking the pe- for a period of 2 years after entry of such an Truth in Lending Act (15 U.S.C. 1637(c)) is riod at the end and inserting ‘‘; or’’; and order. The debtor in a subsequent case, how- amended— (C) by adding at the end the following: ever, may move the court for relief from (1) by redesignating paragraph (5) as para- ‘‘(11) the claim is a claim for interest on an such order based upon changed cir- graph (6); and extension of high debt-to-income ratio cred- cumstances or for other good cause shown, (2) by inserting after paragraph (4) the fol- it, as defined in section 110 of the Truth in after notice and a hearing; or lowing: September 11, 1998 CONGRESSIONAL RECORD — SENATE S10245 ‘‘(5) APPLICATIONS FROM UNDERAGE CONSUM- (2) by adding at the end the following: hearing has been scheduled before the ERS.— ‘‘(n)(1) Except as provided in paragraph (2), Subcommittee on Forests and Public ‘‘(A) PROHIBITION ON ISSUANCE.—No credit as a result of electing under subsection Land Management of the Senate Com- card may be issued to, or open end credit (b)(2)(A) to exempt property under State or mittee on Energy and Natural Re- plan established on behalf of, a consumer local law, a debtor may not exempt any who has not reached the age of 21 unless the amount of interest that exceeds in the aggre- sources. consumer has submitted a written applica- gate $100,000 in value in— The hearing will take place Thurs- tion to the card issuer that meets the re- ‘‘(A) real or personal property that the day, October 1, 1998, at 2:30 p.m., in quirements of subparagraph (B). debtor or a dependent of the debtor uses as a room SD–366 of the Dirksen Senate Of- ‘‘(B) APPLICATION REQUIREMENTS.—An ap- residence; fice Building in Washington, DC. plication to open a credit card account by an ‘‘(B) a cooperative that owns property that The purpose of this oversight hearing individual who has not reached the age of 21 the debtor or a dependent of the debtor uses is to receive testimony on the Forest as of the date of submission of the applica- as a residence; or Service cabin fees. tion shall require— ‘‘(C) a burial plot for the debtor or a de- Those who wish to submit written ‘‘(i) the signature of the parent or guardian pendent of the debtor. of the consumer indicating joint liability for ‘‘(2) The limitation under paragraph (1) statements should write to the Com- debts incurred by the consumer in connec- shall not apply to an exemption claimed mittee on Energy and Natural Re- tion with the account before the consumer under subsection (b)(2)(A)— sources, U.S. Senate, Washington, DC has reached the age of 21; or ‘‘(A) by a family farmer for the principal 20510. For further information, please ‘‘(ii) submission by the consumer of finan- residence of that family farmer, without re- call Amie Brown or Bill Lange at (202) cial information indicating an independent gard to whether the principal residence is 224–6170. means of repaying any obligation arising covered under an applicable homestead pro- f from the proposed extension of credit in con- vision referred to in subparagraph (B); or nection with the account.’’. ‘‘(B) by a farmer (including, for purposes of AUTHORITY FOR COMMITTEE TO (b) REGULATORY AUTHORITY.—The Board of this subparagraph, a family farmer and any MEET Governors of the Federal Reserve System person that is considered to be a farmer may issue such rules or publish such model under applicable State law) for a site at COMMITTEE ON BANKING, HOUSING, AND URBAN forms as it considers necessary to carry out which a farming operation of that farmer is AFFAIRS section 127(c)(5) of the Truth in Lending Act, carried out (including the principal residence Mr. SPECTER. Mr. President, I ask as amended by this section. of that farmer), if that site is covered under unanimous consent that the Commit- an applicable homestead provision that ex- tee on Banking, Housing, and Urban GRAMM AMENDMENT NO. 3576 empts that site under a State constitution or Affairs be authorized to meet in execu- statute.’’. (Ordered to lie on the table.) tive session during the session of the Mr. GRAMM submitted an amend- f Senate on Friday, September 11, 1998, ment intended to be proposed by him NATIONAL WILDLIFE REFUGE SYS- to conduct a markup of H.R. 10, the Fi- to the bill, S. 1301, supra; as follows: TEM VOLUNTEER AND COMMU- nancial Services Act of 1998. Amendment 3559 is amended by striking NITY PARTNERSHIP ACT OF 1998 The PRESIDING OFFICER. Without section 320 and inserting in lieu thereof the objection, it is so ordered. following: f ‘‘SEC. 320. LIMITATION. CHAFEE AMENDMENT NO. 3578 ‘‘Section 522 of title 11, United States ADDITIONAL STATEMENTS Code, is amended— Mr. LOTT (for Mr. CHAFEE) proposed ‘‘(1) in subsection (b)(2)(A), by inserting an amendment to the bill (S. 1856) to ‘‘subject to subsection (n),’’ before ‘‘any amend the Fish and Wildlife Act of 1956 KIRK O’DONNELL property’’; and to promote volunteer programs and ∑ Mr. MOYNIHAN. Mr. President, Kirk ‘‘(2) by adding at the end the following new community partnerships for the benefit O’Donnell, succinctly described by Al- subsection: ‘‘ ‘‘(n)(1) Except as provided in paragraph of national wildlife, and for other pur- bert R. Hunt in the Wall Street Jour- (2), as a result of electing under subsection poses; as follows: nal as ‘‘one of the ablest and most hon- (b)(2)(A) to exempt property under State or On page 19, line 3, insert ‘‘Community’’ be- orable people in American politics,’’ local law, a debtor may not exempt any fore ‘‘Partnership’’. died suddenly, much too young, this amount of interest that exceeds in the aggre- On page 22, line 2, strike ‘‘complex’’ and in- past Saturday. gate— sert ‘‘complexes’’. He epitomized the honor and dignity (i) $100,000 in value for interest invested On page 22, line 10, insert a comma after during the preceeding 12-month period, or to which all of us engaged in the politi- ‘‘training’’. cal life of our Nation should aspire. He (ii) $1,000,000 in value for interest invested On page 26, line 2, strike ‘‘purpose’’ and in- during the period beginning 24 months prior sert ‘‘purposes’’. served for more than 7 years as chief to the preceeding 12-month period On page 29, line 20, strike ‘‘(d) and (e),’’ and counsel to then-Speaker Thomas P. ‘‘ ‘‘(A) in real or personal property that the insert ‘‘(d), and (e)’’. ‘‘Tip’’ O’Neill, Jr. He has been active in debtor or dependent of the debtor uses as a politics even since, as indeed he was in residence; f the years before Washington too. ‘‘ ‘‘(B) in a cooperative that owns property FISH AND WILDLIFE REVENUE that the debtor or a dependent of the debtor I knew Kirk from my earliest days in uses as a residence; or ENHANCEMENT ACT OF 1998 the Senate. He and his lovely wife ‘‘ ‘‘(C) in a burial plot for the debtor of a Kathy have dined with Liz and me at dependent of the debtor. our home. His cousin, Lawrence CHAFEE AMENDMENT NO. 3579 ‘‘ ‘‘(2) The limitation under paragraph (1) O’Donnell, served in my office for shall not apply to an exemption claimed Mr. LOTT (for Mr. CHAFEE) proposed under subsection (b)(2)(A) by a family farmer many years as chief of staff and as the for the principal residence of that farm- an amendment to the bill (S. 2094) to staff director of the Finance Commit- er.’’.’’. amend the Fish and Wildlife Improve- tee when I became Chairman in 1993. ment Act of 1978 to enable the Sec- Our thoughts certainly are with Kathy, BROWNBACK AMENDMENT NO. 3577 retary of the Interior to more effec- her children, and the O’Donnell family tively use the proceeds of sales of cer- (Ordered to lie on the table.) as they cope with this sudden, terrible Mr. BROWNBACK submitted an tain items; as follows: news. amendment intended to be proposed by On page 4, line 4, strike ‘‘plants’’ and insert To begin, one must know that Kirk him to amendment No. 3559 proposed ‘‘plant’’. was a fellow Irishman and the great On page 4, line 6, strike the quotation and indispensable achievement of the by Mr. GRASSLEY to the bill, S. 1301, marks and the following period. supra; as follows: Irish is that they made it American to f Strike section 320 and insert the following: be ethnic. On the contribution of the SEC. 320. LIMITATION. NOTICE OF HEARING Irish I have written: Section 522 of title 11, United States Code, What did the Irish do? First, they stayed in is amended— COMMITTEE ON ENERGY AND NATURAL the cities, remaining highly visible. Next, (1) in subsection (b)(2)(A), by inserting RESOURCES they kept to their faith. Thus the Roman ‘‘subject to subsection (n),’’ before ‘‘any Mr. CRAIG. Mr. President, I would Catholic Church became a major American property’’; and like to announce for the public that a institution. Then they went into politics. S10246 CONGRESSIONAL RECORD — SENATE September 11, 1998 Kirk O’Donnell, embodied all of these temporary changes. There was a pragmatism But sadly, that’s not what this president noble traits. He began his political ca- to Kirk O’Donnell that never conflicted with sought. For Kirk O’Donnell wouldn’t have reer in 1970, working on Kevin H. his commitment and total integrity. tolerated dissembling. He never was unfaith- Success never changed him. He founded the White’s campaign for governor of Mas- ful to those he worked for but ‘‘spinning’’— influential Center for National Policy (his as in situational truths—was foreign to him. sachusetts. That bid failed, but when successor as its chair was Madeleine When working for the speaker or Michael Mr. White later became mayor of Bos- Albright) and then became a partner in the Dukakis in 1988, he would dodge, bob, some- ton, he hired Kirk to run the Fields high-powered law firm of Vernon Jordan and times talk gibberish but never, in hundreds Corner Little City Hall, in essence, a Bob Strauss. But his values and devotion to of interviews with me, did he ever dissemble. field station of the city hall. In the family, friends and country were remarkably The contrast between this and someone words of Speaker O’Neill, ‘‘All politics constant. like Dick Morris, who Mr. Clinton continu- ‘‘He was a big oak tree of a friend,’’ notes is local’’ and this grassroots view of ously turned to, is striking. This was Stanley Brand, a Washington lawyer, of the brought home anew when Mr. Morris, the Massachusetts, coupled with Kirk’s as- former Brown University football star, a de- former top Clinton aide, wrote a letter seem- tute political sense, made him an ideal scription which Mr. O’Donnell used to joke, ing to take issue with a column I wrote a few choice when the Speaker needed a new was an ‘‘oxymoron.’’ weeks ago. counsel here in Washington. He cut his political teeth working for For starters, he erroneously denied that he It is then that I first came to know Mayor Kevin White in Boston in the mid-70s, suggested Hillary Clinton is a lesbian. More Kirk O’Donnell. He was an Irish-Amer- running the neighborhood city halls, devel- substantially, Mr. Morris says that Mr. Clin- ican who saw early on the danger of oping an appreciation of the relationships ton called him when the Lewinsky story between common folks and government that broke and had him do a poll to gauge reac- the financial support which some oth- would serve him well for the next quarter ers were providing the IRA. In 1977, Tip tion. He did that and told Mr. Clinton the century. Then there were more than seven public wouldn’t accept the truth. Although O’Neill, Hug Carey, EDWARD M. KEN- years as chief counsel to House Speaker Tip Mr. Morris turned over what he says is that NEDY, and I joined together at Kirk O’Neill. poll to Independent Counsel Kenneth Starr, O’Donnell’s initiative to oppose such There was an exceptional triumvirate of some of us question whether the survey was activities. We issued a joint appeal on top aides to the speaker: Leo Diehl, his long- genuine. St. Patrick’s Day, 1977, which stated: time colleague who was the link to the past The infamous political consultant swears and the gatekeeper who kept away the hang- We appeal to all those organization en- he sampled 500 people, asked 25 to 30 ques- ers-on; Art Weiss, although only in his tions and did it all out of own pocket for gaged in violence to renounce their cam- twenties, unrivaled as a policy expert; and paigns of death and destruction and return $2,000. If true, it was a slipshod survey upon Kirk O’Donnell, in his early thirties, who which the president reportedly decided to to the path of life and peace. And we appeal brought political, legal and foreign policy as well to our fellow Americans to embrace stake his word. (Only days later, Mr. Clinton expertise to the table, always with superb swore at a private White House meeting that this goal of peace, and to renounce any ac- judgment. tion that promotes the current violence or he hadn’t spoken to Mr. Morris in ages.) Though it may seem strange in today’s There was no more an astute analyst of provides support or encouragement for orga- Congress, he commanded real respect across nizations engaged in violence. polls than Kirk O’Donnell. He would pepper the aisle. ‘‘Kirk was really a tough, bright political conversations with survey data. But Now, finally, one of the oldest con- opponent; he was a great strategist because because he understood history and had such flicts in Europe has the potential of he didn’t let his emotions cloud his judg- personal honor he always understood a poll healing and being resolved. A coura- ment,’’ recalls Billy Pitts, who was Mr. was a snapshot, often valuable. But it never geous agreement has been reached in O’Donnell’s Republican counterpart working could be a substitute for principle or moral- Northern Ireland and is being imple- with GOP House Leader Bob Michel. ‘‘But he ity or integrity. always was a delight to be around and his mented. The United States played a Those were currencies of his professional word was gold.’’ and personal life. These no longer are com- role in reaching this agreement. And When the Democrats were down, routed by monplace commodities in politics, which is the Reagan revolution in 1981, it was Kirk the seeds for American support of a one of many reasons that the passing of this O’Donnell who put together a strategy peaceful resolution to the conflict in very good man is such a loss. Northern Ireland were sown in the late memorandum advising the party to lay off 1970’s, when principled people such as esoteric issues and not to refight the tax [From the New York Times, Sept. 7, 1998] issues but to focus on social security and KIRK O’DONNELL, 52, LOBBYIST AND AN AIDE Kirk O’Donnell stood up to say that vi- jobs. It was the blueprint for a big Demo- TO A HOUSE SPEAKER olence was not the answer to this prob- cratic comeback the next year. When then- lem. Republican Congressman Dick Cheney criti- (By Irvin Molotsky) Mr. President it is with great sorrow cized the speaker for tough partisanship, Mr. WASHINGTON, Sept. 6.—Kirk O’Donnell, a that I have risen today to thank Kirk O’Donnell immediately turned it around by lawyer and lobbyist for a leading Washington O’Donnell for his lifetime of public citing a book that Rep. Cheney and his wife law firm and the former chief aide to former service and again to offer my sincere had written on House leaders that praised Speaker Thomas P. O’Neill Jr., died on Sat- condolences to his family. the same qualities that he now was criticiz- urday near his weekend home in Scituate, ing. Mass. He was 52 and lived in Washington. At this point, I ask to have printed in Few operated as well at that intersection A family friend, Robert E. Holland, said the RECORD the obituaries from the of substance and politics, or understood both that Mr. O’Donnell, who did not have a his- New York Times and the Boston Globe, as well. He played a major role in orchestrat- tory of health problems, collapsed after jog- as well as a tribute to Kirk O’Donnell ing a powerful contingent of Irish-American ging. Mr. O’Donnell was pronounced dead at by Albert R. Hunt, which appeared in politicians, including the speaker, to oppose South Shore Hospital. The Wall Street Journal. pro-Irish groups espousing violence. ‘‘Kirk The White House issued a statement to- The material follows: put the whole Irish thing together,’’ the night in which President Clinton said: ‘‘Kirk speaker said. O’Donnell was a gentleman and a patriot [From The Wall Street Journal, Sept. 10, He was staunchly liberal on the respon- who brought wit, common sense and a genu- 1998] sibility of government to care for those in ine humanity to his public and private life. THE LOSS OF A TALENTED, DECENT AND need of equal rights. But he cringed when He was a very good man and has left us much HONORABLE MAN Democrats veered off onto fringe issues, and too soon.’’ (By Albert R. Hunt) never forgot the lessons learned running Mr. Holland, a boyhood friend of Mr. Kirk O’Donnell, one of the ablest and most neighborhood city halls in his 20s. Family O’Donnell’s and for a time his law partner in honorable people in American politics, died values to Kirk O’Donnell wasn’t a political Boston, said that in his role as chief counsel suddenly last weekend at the altogether too buzzword or cliche´, but a reality of life; there to Mr. O’Neill, Mr. O’Donnell always acted young age of 52. Even in grieving, it’s some- never has been a more loving family than behind the scenes in the Speaker’s behalf, ex- how hard not to think how different the Kirk and Kathy O’Donnell and their kids, cept on one issue, the running of guns to ele- Clinton presidency might have been if Kirk Holly and Brendan. ments of the Irish Republican Army. O’Donnell had been a top White House ad- The Clinton administration made job over- At the time, Irish-Americans were divided viser starting in 1993. tures to Kirk O’Donnell several times but on the question of providing guns and many He combined the best virtues of the old and they were never commensurate with his tal- politicians supported groups that were ship- the new politics. Raised in the rough-and- ents. He should have been either Chief of ping the weapons. The group that Mr. tumble environs of Boston tribal warfare, he Staff or legal counsel from the very start of O’Donnell helped form to oppose the weapon never saw politics as anything but a contact this administration. He would have brought shipments included Democrats like Senator sport. But he always practiced it with de- experience, expertise, maturity, judgment, Daniel Patrick Moynihan of New York, Sen- cency and civility. toughness—intimate knowledge of the way ator Edward M. Kennedy of Massachusetts, He was a great student of political history, Washington works—that nobody else in that Mr. O’Neill and Hugh L. Carey, then the Gov- which better enabled him to appreciate con- White House possessed. ernor of New York. September 11, 1998 CONGRESSIONAL RECORD — SENATE S10247 Mr. O’Donnell was born in Boston and the US House, he said, ‘‘If you can under- TRIBUTE TO RITCH K. EICH UPON graduated from the Boston Latin School, stand Fields Corner, you can understand HIS RETIREMENT AS U.S. NAVY Brown University and Suffolk Law School. Congress.’’ REPRESENTATIVE TO THE ADJU- He taught history at a Somerset (Mass.) In 1975, he set up one of the first computer- TANT GENERAL, INDIANA NA- High School and then took a job with Mayor ized voting lists for the White campaign. On Kevin H. White of Boston and ran Mr. TIONAL GUARD the day of the election, in a Boylston Street White’s successful re-election campaign. office building, he checked every polling ∑ Mr. COATS. Mr. President, on behalf After leaving the Speaker’s office, Mr. place in the 22 wards to see how light or of Senator RICHARD G. LUGAR and my- O’Donnell was president of the Center for heavy the turnout was in pro-White pre- self, I am pleased to offer this tribute National Policy, a Democratic advisory cincts. The White political organization had to Captain Ritch K. Eich, United group, and he was a leader in the unsuccess- Chicago-sized ambitions, and Mr. O’Donnell ful Democratic Presidential campaign of Mi- States Naval Reserve. Captain Eich re- chael S. Dukakis in 1988. He was a senior harnessed its resources to provide telephone tires in September after 30 years as a partner in the Washington law firm of Akin, reminders and transportation to the mayor’s reservist, the last three of which he Gump, Strauss, Hauer & Feld. supporters. spent on active duty, representing the Mr. O’Donnell is survived by his wife of 26 Mr. O’Donnell’s encyclopedic knowledge of Navy in the Office of the Adjutant Gen- years, Kathryn; his daughter, Holly, and his Boston politics brought him to the attention eral of the Indiana National Guard. son, Brendan, all of Washington. of Speaker O’Neill after White was re-elected Ritch Eich has been a valued member to a third term. [From the Boston Globe, Sept. 7, 1998] of the Indiana team since 1989, when he Since the mayor had been considered vul- started work for me as a member of my KIRK O’DONNELL, 52; TOP ADVISER TO nerable, his relatively easy victory prompted NATIONAL, MASS. DEMOCRATS Service Academy Selection Committee, a call from O’Neill, who was seeking a new screening and recommending promis- (By Beth Daley) counsel to succeed Charles D. Ferris, the ing Hoosier high school students as Kirk O’Donnell, 52, a prominent Washing- Dorchester native who had just been named ton lawyer who once worked with Boston’s by President Carter to head the Federal candidates for our nation’s Service most colorful politicians, died Saturday Communications Commission. The man who Academies. Three years ago, he took after collapsing while jogging near his popularized the phrase ‘‘All politics is local’’ on the additional responsibility of serv- Scituate summer home. wanted someone at his side who knew the ing as the U.S. Navy’s Liaison Officer Known for his morality as much as his similarity between Fields Corner and Con- for the State of Indiana, working in the dedication to the Democratic cause, Mr. gress. office of Indiana’s Adjutant General. O’Donnell entered the political world after a At first, Mr. O’Donnell was reluctant. He During that time, Ritch made substan- brief stint as a history teacher to work on had left City Hall to start a law practice tial contributions to readiness plan- former mayor Kevin H. White’s failed 1970 with his friend, Robert Holland. But the fa- gubernatorial bid. ning in Indiana. He completed Disaster bled O’Neill charm suggested to him brighter He went on to serve as general counsel to Preparedness Operations Plans for In- vistas in Washington than in Boston. US House Speaker Thomas P. ‘‘Tip’’ O’Neill diana Naval, Marine Corps and Coast Jr., for eight years and quickly gained the After the election of President Reagan in Guard facilities, and ensured a close reputation in Washington as a skilled strate- 1980, Tip O’Neill became the best-known working relationship between the Indi- gist and a straight-talker. Democrat in the nation. Mr. O’Donnell’s aim ana National Guard and the State Although he held key Democratic positions was to prepare the House speaker strategi- Emergency Management Office. that included White House adviser and cally and tactically for dealing with the former president of the Center for National White House. The president’s popularity Ritch Eich’s civilian job during this Policy, Mr. O’Donnell relished quiet time made difficult the chore of holding House period was as the chief marketing, pub- with his family at their summer home in Democrats together. lic affairs and physician relations offi- cer for Indiana University Medical Cen- Scituate at least as much as being near the Mr. O’Donnell, a gregarious man with a center of power in the nation’s capital. booming voice, spoke in a straightforward ter, where—over the course of a dec- ‘‘He was politics at its best,’’ said US Rep- manner to House members, with the same ade—he has helped to build a vibrant resentative Barney Frank, who first worked determination as he did while dealing with and effective health care environment with Mr. O’Donnell during White’s guber- the foot soldiers of the Kevin White organi- for Hoosiers. According to one health natorial bid. ‘‘Talented and principled, he zation. really worked to make the world better and care executive, Ritch had helped ‘‘de- fairer.’’ After O’Neill retied, Mr. O’Donnell worked fine our vision, map our strategies, de- Most well-known for his advice, Mr. as head of a Washington think tank, the Cen- liver on our promises and guide our af- O’Donnell was a highly sought-after adviser ter for National Policy, aimed at reviving filiations.’’ And for Rich, ‘‘helping Hoo- to the Democratic party and served in that the Democratic party. In conferences and siers access the best healthcare in the role for former Massachusetts governor Mi- seminars, he sought to focus the intellectual mid-west’’ was what it was all about. chael S. Dukakis’s failed presidential cam- energy of a party that had consistently lost In all his endeavors, Ritch Eich has paign in 1988. presidential elections while continuing its demonstrated a skill and dedication President Clinton said yesterday Mr. domination of Congress. O’Donnell ‘‘was a gentleman and patriot who that reflect great credit upon himself, After he left the center, he was succeeded brought wit, common sense, and a genuine the State of Indiana and the United as director by Madeleine Albright, now sec- humanity to his public work and private life. States Navy. I feel privileged to offer retary of state. An old Washington hand and He was a very good man and left us much too this tribute to Ritch on the occasion of a former chairman of the Democratic Na- soon.’’ tional Committee, Robert S. Strauss, re- his retirement from the Naval Re- The son of a Dorchester investment adviser cruited Mr. O’Donnell to his Washington law serves. We wish him well.∑ and a homemaker, Mr. O’Donnell attended firm, Akin, Gump, Strauss, Hauer & Feld. As Boston Latin School and graduated in 1964 f a senior partner, Mr. O’Donnell represented a with a passion for history and football. At Boston Latin, he remains in the Sports Hall variety of clients, from Liberty Mutual to TRIBUTE TO THE 50TH ANNIVER- of Fame for his football exploits. the government of Puerto Rico. SARY OF THE EMMY AWARDS After graduating from Brown University, One lasting friendship that came from his ∑ Mrs. FEINSTEIN. Mr. President, I where he also played football, he was a his- legal work was with a partner of Salomon rise today to recognize the golden anni- tory teacher at Somerset High School. Brothers, now Salomon Smith Barney. After versary of the Emmy Awards telecast With the 1970 governor’s race sparking a Robert Rubin, now secretary of the treasury, from Los Angeles. For fifty years, hun- lifelong interest in politics and law, Mr. asked Mr. O’Donnell for political advice in O’Donnell taught while he attended Suffolk Washington, a close friendship developed. He dreds of the nation’s brightest and Law School, graduating in 1975. When then- also advised another Cabinet member, Sec- most popular personalities have at- mayor White pledged to bring City Hall to retary of Housing and Urban Development tended this prestigious event to honor the neighborhoods—literally—Mr. O’Donnell Andrew Cuomo. television excellence. was hired to run the Fields Corner Little Mr. O’Donnell leaves his wife of 26 years, Beyond the captivating glow of the City Hall and worked from a trailer parked Kathryn Holland O’Donnell, and two chil- Hollywood spotlight, the yearly awards beside Town Field. There he helped residents dren, Holly of Washington, D.C., and presentation is a celebration of Califor- navigate the downtown City Hall bureauc- racy while studying politics and human na- Brendan of Scituate. nia’s thriving entertainment industry. ture at close quarters. A funeral Mass will be said at 11 a.m. Television arts and production contrib- Years later, while serving as one of the top Thursday in Holy Name Church in West ute billions of dollars to the California strategists for the Democratic leadership of Roxbury.∑ economy, generating rapid job growth, S10248 CONGRESSIONAL RECORD — SENATE September 11, 1998 higher income, and greater tax reve- sands of troops while they were away inquire of the majority leader, who I nues. Entertainment’s significant fi- from home. Zach, unable to serve be- know was supportive in July as we nancial impact can be attributed to the cause of a leg injury sustained in a con- moved a $500 million indemnity piece rising television and commercial pro- struction accident, assisted the U.S. out of the Senate dealing with the farm duction within the state. Recent stud- Coast Guard in the construction of crisis, I would like to ask the majority ies confirm that payrolls and payments coastal defenses. leader if he has some interest and some for goods and services within the enter- Although still active in his family’s intention of allowing us to work on a tainment industry currently contrib- construction company, Fisher Broth- farm crisis package during the month ute over $27 billion to California’s ers, he has devoted his time and energy of September. economy. The Emmy Awards confer to his country and bettering the lives The reason I ask the question, I know annual awards of merit to creative arts of Americans. In 1978 he founded the that the Senator from Mississippi, the people in the television industry, as in- Intrepid Museum Foundation, in an ef- majority leader, is trying to fit a lot of centive to continue supporting the eco- fort to save the historic and battle- things into a very short window here, nomic growth in California. scarred aircraft carrier Intrepid from but I think he knows that Members on Now celebrating its fiftieth anniver- scrapping. Through his efforts the ves- this side and the other side coming sary, the Emmy Awards was not al- sel became the foundation of the In- from farm country are having to deal ways so celebrated and grand. The first trepid Sea Air Space Museum, which with an enormously difficult farm cri- awards banquet in 1949 was held at the opened in New York City in 1982. sis. We hope very much that that will old Hollywood Athletic Club, with tick- Through the Zachary and Elizabeth become part of the agenda in the ets costing a mere five dollars. With Fisher Armed Services Foundation, month of September. I would just in- few stars in attendance, the program Zach has pledged to do all he can in quire of the Senator as to his inten- was not even televised nationally. The support of our nation’s military and tions. ceremony was broadcast on local sta- their families, and to offer new oppor- Mr. LOTT. Mr. President, I will re- tion KTSL beginning at 9:30 p.m. De- tunities to our children, such as spond to the Senator that I am aware spite the American public’s unfamil- through the educational programs at of the difficulties in the farm commu- iarity with the obscure, new medium, Intrepid, and as part of the Fisher nity in a number of States because of Los Angeles Mayor Fletcher Brown de- House Program, to build homes for weather problems but also because of a clared the day of the first telecast TV families of hospitalized military per- number of problems involving falling Day on January 25, 1949. sonnel. prices and trade problems. It would be Sponsor of the annual awards pro- His newest effort is the Fisher Center my intent that we act in that area be- gram, the National Academy of Tele- for Alzheimer’s Research Foundation, fore we go out at the end of this ses- vision Arts and Sciences has a long and founded in 1995 to fund research in, and sion. venerated history. Since its early days, work towards a cure for Alzheimer’s I think it is important that we start membership to the National Academy disease. In partnership with David on it quickly, in a bipartisan way. I am of Television Arts and Sciences has Rockefeller, Chairman of the Board of going to be working on that early next flourished to more than 9,000, making The Rockefeller University in New week. it the single largest television profes- York, a new research center has been Mr. DORGAN. Mr. President, that is sional association in the world. The founded to help develop a cure for this welcome news. I appreciate the co- Academy not only presents the Emmy debilitating disease. operation of the majority leader. We Awards, but also hosts a program for Zach is also involved in many other obviously are facing collapsed farm college educators and has underwritten charitable causes, including the Marine prices and as tough a time in farm the Archive of American Television in Corps Scholarship Foundation, the country as we have ever seen. I appre- an effort to preserve television’s rich Coast Guard Foundation, the Navy ciate the response of the leader. and detailed past. League, the Jewish Institute of Na- f As the Emmy’s golden anniversary tional Security Affairs, the George C. approaches, let us pay tribute to the Marshall Foundation, the Margaret NATIONAL WILDLIFE REFUGE SYS- award show’s support of the entertain- Thatcher Foundation, the Reagan TEM VOLUNTEER AND PARTNER- ment industry and recognition of qual- Presidential Library, the United Jew- SHIP ENHANCEMENT ACT OF 1998 ity television programming. With 50 ish Appeal, and many other organiza- Mr. LOTT. Mr. President, I now ask years of telecasts to its credit, the tions. unanimous consent the Senate proceed Emmy’s have become a genuine part of In addition to this year’s Presi- to the consideration of Calendar No. American history.∑ dential Citizens’ Medal, Zach has re- 504, H.R. 1856. f ceived the 1995 Presidential Citizens The PRESIDING OFFICER. Without Medal, presented by President Clinton, objection, it is so ordered. The clerk TRIBUTE TO ZACHARY FISHER, and the Volunteer Action Award, pre- will report. THE 1998 PRESIDENTIAL MEDAL sented by President Ronald Reagan. The legislative clerk read as follows: OF FREEDOM RECIPIENT Zachary Fisher truly exemplifies A bill (H.R. 1856) to amend the Fish and ∑ Mr. CLELAND. Mr. President, I what it means to be a patriotic Amer- Wildlife Act of 1956 to direct the Secretary of rise today to honor Zachary Fisher, ican, and continues to strengthen our the Interior to conduct a volunteer pilot who on Monday, September 14, 1998 will Nation and improve the lives of many project at one national wildlife refuge in be presented the Presidential Medal of Americans. Mr. President, I ask that each United States Fish and Wildlife Service Freedom by President Bill Clinton at you join me and our colleagues in rec- region, and for other purposes. the Waldorf Astoria Hotel in New York ognizing and honoring Zachary Fisher The Senate proceeded to consider the City. on many years of worth-while work bill, which had been reported from the The medal, which is the highest and achievements which have cul- Committee on Environment and Public honor given to civilians by the Presi- minated with the honor of receiving Works, with an amendment to strike dent, is awarded annually to individ- the 1998 Presidential Medal of Free- all after the enacting clause and insert- uals who have made outstanding con- dom. Zach Fisher is truly a remarkable ing in lieu thereof the following: tributions to the security or national man and a first-rate American deserv- SECTION 1. SHORT TITLE. interest of the United States or to ing of such an honor.∑ This Act may be cited as the ‘‘National Wild- world peace, or those who have made a FARM CRISIS PACKAGE life Refuge System Volunteer and Partnership significant public or private accom- Mr. DORGAN. Mr. President, I won- Enhancement Act of 1998’’. plishment. der if the majority leader will enter- SEC. 2. FINDINGS AND PURPOSES. Zach and his wife, Elizabeth, have al- (a) FINDINGS.—Congress finds that— tain an inquiry. (1) the National Wildlife Refuge System (re- ways felt strongly about the young At the conclusion of Senator BYRD’s ferred to in this Act as the ‘‘System’’), consist- men and women who serve in the U.S. presentation, it is my intention to ing of more than 500 refuges and 93,000,000 Armed Forces. During WW II Elizabeth speak for a few moments on the agri- acres, plays an integral role in the protection of served in the USO, entertaining thou- culture crisis, and I would just like to the natural resources of the United States; September 11, 1998 CONGRESSIONAL RECORD — SENATE S10249 (2) the National Wildlife Refuge System Im- Works of the Senate evaluating and making rec- nues be used exclusively for the benefit of the provement Act of 1997 (Public Law 105–57; 111 ommendations regarding the pilot projects. refuge, through donation of net revenues from Stat. 1252) significantly improved the law gov- (4) AUTHORIZATION OF APPROPRIATIONS.— the sale of educational materials and products erning the System, although the financial re- There is authorized to be appropriated to carry and through encouragement of gifts, devises, sources for implementing this law and managing out this subsection $2,000,000 for each of fiscal and bequests. the System remain limited; years 1999 through 2002. ‘‘(C) FEDERAL FUNDING AND OWNERSHIP.— (3) by encouraging volunteer programs and (b) AWARDS AND RECOGNITION FOR VOLUN- ‘‘(i) MATCHING.—Subject to the availability of donations, and facilitating non-Federal part- TEERS.—Section 7(c)(2) of the Fish and Wildlife appropriations and the requirements of the Na- nerships with refuges, Federal funding for the Act of 1956 (16 U.S.C. 742f(c)(2)) is amended— tional Wildlife Refuge Administration Act of refuges can be supplemented and the System can (1) by inserting ‘‘awards (including nominal 1966 (16 U.S.C. 668dd et seq.) and other applica- fully benefit from the amendments made by the cash awards) and recognition,’’ after ‘‘lodg- ble law, the Secretary may provide funds to National Wildlife Refuge System Improvement ing,’’; and match non-Federal funds donated under a coop- Act of 1997; and (2) by inserting ‘‘without regard to their erative agreement under this paragraph. With (4) by encouraging refuge educational pro- places of residence’’ after ‘‘volunteers’’. respect to each project or program, the amount grams, public awareness of the resources of the (c) SENIOR VOLUNTEER CORPS.—Section 7(c) of of funds provided by the Secretary may not ex- System and public participation in the conserva- the Fish and Wildlife Act of 1956 (16 U.S.C. ceed the amount of the non-Federal funds do- tion of those resources can be promoted. 742f(c)) is amended by striking paragraph (6) nated through the project or program. and inserting the following: (b) PURPOSES.—The purposes of this Act are— ‘‘(ii) USE OF FEDERAL FUNDS.—Any Federal ‘‘(6) SENIOR VOLUNTEER CORPS.—The Sec- (1) to encourage the use of volunteers to assist funds used to fund a project or program under retary of the Interior may establish a Senior the United States Fish and Wildlife Service in a cooperative agreement may be used only for Volunteer Corps, consisting of volunteers over the management of refuges within the System; expenses directly related to the project or pro- the age of 50. To assist in the recruitment and (2) to facilitate partnerships between the Sys- gram and may not be used for operation or ad- retention of the volunteers, the Secretary may tem and non-Federal entities to promote public ministration of any non-Federal entity. provide for additional incidental expenses to awareness of the resources of the System and ‘‘(iii) OWNERSHIP OF FACILITIES.—Any new fa- members of the Corps beyond the incidental ex- public participation in the conservation of those cility, improvement to an existing facility, or penses otherwise provided to volunteers under resources; and other permanent improvement to a refuge con- this subsection. The members of the Corps shall (3) to encourage donations and other con- structed under this subsection shall be the prop- be subject to the other provisions of this sub- tributions by persons and organizations to the erty of the United States Government. System. section.’’. ‘‘(D) TREASURY ACCOUNT.—Amounts received SEC. 5. COMMUNITY PARTNERSHIP ENHANCE- SEC. 3. GIFTS TO PARTICULAR NATIONAL WILD- by the Secretary of the Interior as a result of LIFE REFUGES. MENT. Section 7 of the Fish and Wildlife Act of 1956 projects and programs under subparagraph (B) Section 7(b)(2) of the Fish and Wildlife Act of shall be deposited in a separate account in the 1956 (16 U.S.C. 742f(b)(2)) is amended— (16 U.S.C. 742f) is amended by adding at the end the following: Treasury. Amounts in the account that are at- (1) by striking ‘‘(2) Any’’ and inserting the tributable to activities at a particular refuge or ‘‘(d) COMMUNITY PARTNERSHIP ENHANCE- following: complex of geographically related refuges shall MENT.— ‘‘(2) USE OF GIFTS, DEVISES, AND BEQUESTS.— be available to the Secretary of the Interior, ‘‘(A) IN GENERAL.—Any’’; and ‘‘(1) DEFINITION OF PARTNER ORGANIZATION.— In this subsection, the term ‘partner organiza- without further appropriation, to pay the costs (2) by adding at the end the following: of incidental expenses related to volunteer ac- ‘‘(B) GIFTS, DEVISES, AND BEQUESTS TO PAR- tion’ means an organization that— ‘‘(A) draws its membership from private indi- tivities, and to carry out cooperative agreements TICULAR REFUGES.— viduals, organizations, corporations, academic for the refuge or complex of refuges.’’. ‘‘(i) DISBURSAL.—Any gift, devise, or bequest made for the benefit of a particular national institutions, or State or local governments; SEC. 6. REFUGE EDUCATION PROGRAM DEVELOP- MENT. wildlife refuge or complex of geographically re- ‘‘(B) is established to promote the understand- Section 7 of the Fish and Wildlife Act of 1956 lated refuges shall be disbursed only for the ben- ing of, education relating to, and the conserva- (16 U.S.C. 742f) (as amended by section 5) is efit of that refuge or complex of refuges and tion of the fish, wildlife, plants, and cultural amended by adding at the end the following: without further appropriations. and historical resources of a particular refuge or complex of geographically related refuges; and ‘‘(e) REFUGE EDUCATION PROGRAM ENHANCE- ‘‘(ii) MATCHING.—Subject to the availability of ‘‘(C) is described in section 501(c)(3) of the In- appropriations and the requirements of the Na- MENT.— ternal Revenue Code of 1986 and is exempt from tional Wildlife Refuge Administration Act of ‘‘(1) GUIDANCE.—Not later than 1 year after taxation under section 501(a) of that Code. 1966 (16 U.S.C. 668dd et seq.) and other applica- the date of enactment of this subsection, the ‘‘(2) COOPERATIVE AGREEMENTS.— ble law, the Secretary may provide funds to Secretary of the Interior shall develop guidance ‘‘(A) IN GENERAL.—The Secretary of the Inte- match gifts, devises, and bequests made for the for refuge education programs to further the rior may enter into a cooperative agreement benefit of a particular national wildlife refuge mission of the National Wildlife Refuge System (within the meaning of chapter 63 of title 31, or complex of geographically related refuges. and the purposes of individual refuges United States Code) with any partner organiza- With respect to each gift, devise, or bequest, the through— tion, academic institution, or State or local gov- amount of Federal funds may not exceed the ‘‘(A) providing outdoor classroom opportuni- ernment agency to carry out 1 or more projects amount (or, in the case of property or in-kind ties for students on national wildlife refuges or programs for a refuge or complex of geo- services, the fair market value) of the gift, de- that combine educational curricula with the graphically related refuges in accordance with vise, or bequest.’’. personal experiences of students relating to fish, this subsection. wildlife, and plants and their habitat and to the SEC. 4. VOLUNTEER ENHANCEMENT. ‘‘(B) PROJECTS AND PROGRAMS.—Subject to the cultural and historical resources of the refuges; (a) PILOT PROJECTS.— requirements of the National Wildlife Refuge ‘‘(B) promoting understanding and conserva- (1) IN GENERAL.—Subject to the availability of System Administration Act of 1966 (16 U.S.C. tion of fish, wildlife, and plants and cultural appropriations, the Secretary of the Interior 668dd et seq.) and other applicable law, and and historical resources of the refuges; and shall carry out a pilot project at 2 or more na- such terms and conditions as the Secretary de- ‘‘(C) improving scientific literacy in conjunc- tional wildlife refuges or complex of geographi- termines to be appropriate, the Secretary may tion with both formal and nonformal education cally related refuges in each United States Fish approve projects and programs for a refuge or programs. and Wildlife Service region, but not more than complex of geographically related refuges that— ‘‘(2) REFUGE PROGRAMS.—Based on the guid- 20 pilot projects nationwide. ‘‘(i) promote the stewardship of resources of ance developed under paragraph (1), the Sec- (2) VOLUNTEER COORDINATOR.—Each pilot the refuge through habitat maintenance, res- retary of the Interior may develop or enhance project shall provide for the employment of a toration, and improvement, biological monitor- refuge education programs as appropriate, based full-time volunteer coordinator for the refuge or ing, or research; on the resources of individual refuges and the complex of geographically related refuges. The ‘‘(ii) support the operation and maintenance opportunities available for such programs in volunteer coordinator shall be responsible for re- of the refuge through constructing, operating, State, local, and private schools. In developing cruiting, training and supervising volunteers. maintaining, or improving the facilities and and implementing each program, the Secretary The volunteer coordinator may be responsible services of the refuge; should cooperate with State and local education for assisting partner organizations in developing ‘‘(iii) increase awareness and understanding authorities, and may cooperate with partner or- projects and programs under cooperative agree- of the refuge and the National Wildlife Refuge ganizations in accordance with subsection (d).’’. ments under section 7(d) of the Fish and Wild- System through the development, publication, or life Act of 1956 (as added by section 5) and co- distribution of educational materials and prod- SEC. 7. AUTHORIZATION OF APPROPRIATIONS. ordinating volunteer activities with partner or- ucts; Section 7 of the Fish and Wildlife Act of 1956 ganizations to carry out the projects and pro- ‘‘(iv) advance education concerning the pur- (16 U.S.C. 742f) (as amended by section 6) is grams. pose of the refuge and the mission of the System amended by adding at the end the following: (3) REPORT.—Not later than 3 years after the through the use of the refuge as an outdoor ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— date of enactment of this Act, the Secretary of classroom and development of other educational There is authorized to be appropriated to the the Interior shall submit a report to the Commit- programs; or Secretary of the Interior to carry out subsections tee on Resources of the House of Representatives ‘‘(v) contribute financial resources to the ref- (b), (c), (d) and (e), $2,000,000 for each of fiscal and the Committee on Environment and Public uge, under terms that require that the net reve- years 1999 through 2004.’’. S10250 CONGRESSIONAL RECORD — SENATE September 11, 1998 AMENDMENT NO. 3578 tional Senior Service Corps programs (1) the United States Fish and Wildlife (Purpose: To make technical corrections to operated by the Corporation for the Service (referred to in this Act as the ‘‘Serv- the bill) National Service. In addition to en- ice’’)— Mr. LOTT. Senator CHAFEE has a couraging volunteer efforts within the (A) is responsible for storage and disposal technical amendment at the desk. I ask of items derived from fish, wildlife, and System, the bill encourages financial plants, including eagles and eagle parts, and for its consideration. contributions, community partnership other items that have become the property The PRESIDING OFFICER. The initiatives, and educational programs of the United States through abandonment clerk will report. to benefit the System. or forfeiture under applicable laws relating The legislative clerk read as follows: H.R. 1856 was introduced by Congress- to fish, wildlife, or plants; The Senator from Mississippi [Mr. LOTT], man SAXTON on June 10, 1997, and sub- (B) distributes many of those items for for Mr. CHAFEE, proposes an amendment sequently passed by the House. On educational and scientific uses and for reli- numbered 3578. June 26, 1998, I introduced a similar gious purposes of Native Americans; and (C) unless otherwise prohibited by law, Mr. LOTT. Mr. President, I ask unan- bill, S. 2244, within 14 cosponsors. The imous consent that reading of the may dispose of some of those items by sale, Committee on Environment and Public except items derived from endangered or amendment be dispensed with. Works amended the House-passed bill threatened species, marine mammals, and The PRESIDING OFFICER. Without to conform with S. 2244, and I now ask migratory birds; objection, it is so ordered. that the Senate take up H.R. 1856 as (2) under law in effect on the date of enact- The amendment is as follows: amended. I have been pleased to work ment of this Act, the revenue from sale of On page 19, line 3, insert ‘‘Community’’ be- with Congressman SAXTON on this won- abandoned items is not available to the Serv- fore ‘‘Partnership’’. derful initiative, and I urge expeditious ice, although approximately 90 percent of the On page 22, line 2, strike ‘‘complex’’ and in- items in possession of the Service have been sert ‘‘complexes’’. approval by both the Senate and abandoned; and On page 22, line 10, insert a comma after House, as well as by the President. (3) making revenue from the sale of aban- ‘‘training’’. Mr. LOTT. Mr. President, I ask unan- doned items available to the Service will en- On page 26, line 2, strike ‘‘purpose’’ and in- imous consent the amendment be able the Service— sert ‘‘purposes’’. agreed to, the committee substitute (A) to cover costs incurred in shipping, On page 29, line 20, strike ‘‘(d) and (e),’’ and amendment be agreed to, the bill be storing, and disposing of items derived from insert ‘‘(d), and (e)’’. considered read a third time and fish, wildlife, and plants; and Mr. CHAFEE. Mr. President, I am passed, the motion to reconsider be (B) to make more extensive distributions pleased that the Senate is considering laid upon the table, the amendment to of those items for educational, scientific, and Native American religious purposes. H.R. 1856, a bipartisan bill that has tre- the title be agreed to, and that any mendous potential to improve manage- (b) PURPOSES.—The purposes of this Act statements relating to the bill appear are to make proceeds from sales of aban- ment and operations of the National at this point in the RECORD. doned items derived from fish, wildlife, and Wildlife Refuge System by The PRESIDING OFFICER. Without plants available to the Service and to au- supplementing scarce Federal dollars objection, it is so ordered. thorize the use of those proceeds to cover with outside services and donations by The amendment (No. 3578) was agreed costs incurred in shipping, storing, and dis- local groups and individuals. to. posing of those items. As budgets continue to shrink, the The substitute amendment, as SEC. 3. USE OF PROCEEDS OF CERTAIN SALES. Federal Government must look for al- amended, was agreed to. Section 3(c) of the Fish and Wildlife Im- ternative sources of funding and assist- The bill (H.R. 1856) was considered provement Act of 1978 (16 U.S.C. 742l(c)) is ance. Volunteers have helped the Ref- read the third time and passed. amended— uge System since volunteer wardens The title was amended so as to read: (1) by striking ‘‘Notwithstanding’’ and in- serting the following: staffed the very first refuge on Pelican ‘‘An Act to amend the Fish and Wild- ‘‘(1) IN GENERAL.—øNotwithstanding’’¿ Sub- Island, Florida in 1903. Since 1982, when life Act of 1956 to promote volunteer ject to paragraph (2), notwithstanding’’; and the Fish and Wildlife Service (FWS) es- programs and community partnerships (2) by adding at the end the following: tablished a formal volunteer program, for the benefit of national wildlife ref- ‘‘(2) PROHIBITION ON SALE OF CERTAIN the program has grown from 4,251 vol- uges, and for other purposes.’’ ITEMS.—In carrying out paragraph (1), the Sec- unteers donating 128,400 hours of time f retary of the Interior and the Secretary of Com- merce may not sell any species of fish, wildlife, to 28,800 volunteers donating more FISH AND WILDLIFE REVENUE than 1.5 million hours in 1997. This 1997 or plants, or derivative thereof, for which the ENHANCEMENT ACT OF 1998 sale is prohibited by another Federal law.’’. figure represents almost 20 percent of ‘‘ø(2)¿ (3) USE OF REVENUES.—The Secretary all work done by the FWS on the Ref- Mr. LOTT. Mr. President, I ask unan- imous consent the Senate now proceed of the Interior and the Secretary of Com- uge System, amounting to about $14 merce may each expend any revenues re- million worth of services, at a support to consideration of Calendar No. 522, S. ceived from the disposal of items under para- cost of $780,000. 2094. graph (1), and all sums referred to in the first The five refuges in my own state of The PRESIDING OFFICER. Without sentence of section 11(d) of the Endangered Rhode Island, which are managed as a objection, it is so ordered. The clerk Species Act of 1973 (16 U.S.C. 1540(d)) and the single complex, provide a wonderful il- will report. first sentence of section 6(d) of the Lacey Act Amendments of 1981 (16 U.S.C. 3375(d))— lustration of how important these ef- The legislative clerk read as follows: A bill (S. 2094) to amend the Fish and Wild- ‘‘(A) to make payments in accordance with forts are. With only five full-time em- those sections; and ployees working among the five Rhode life Improvement Act of 1978 to enable the Secretary of the Interior to more effectively ‘‘(B) to pay costs associated with— Island refuges, volunteers contributed use the proceeds of sales of certain items. ‘‘(i) shipping items referred to in paragraph more than one-third of all work per- (1) to and from the place of storage, sale, or The Senate proceeded to consider the formed on these refuges. At several of temporary or final disposal, including tem- bill, which had been reported from the our refuges, the typical visitor will porary or permanent loan; Committee on Environment and Public interact with only volunteer staff. ‘‘(ii) storage of the items, including inven- Works, with amendments; as follows: The ‘‘National Wildlife Refuge Sys- tory of, and security for, the items; (The parts of the bill intended to be ‘‘(iii) appraisal of the items; tem Volunteer and Community Part- stricken are shown in boldface brack- ‘‘(iv) sale or other disposal of the items in nership Enhancement Act’’ lends much ets and the parts of the bill intended to accordance with applicable law, including needed support to the efforts of the be inserted are shown in italic.) auctioneer commissions and related ex- Service to maintain and operate the penses; S. 2094 Refuge System. Specifically, it estab- ‘‘(v) payment of any valid liens or other lishes pilot projects for the Service to Be it enacted by the Senate and House of Rep- encumbrances on the items and payment for resentatives of the United States of America in other measures required to clear title to the hire volunteer coordinators; it also au- Congress assembled, thorizes the creation of a Senior Vol- items; and SECTION 1. SHORT TITLE. ‘‘(vi) in the case of the Secretary of the In- unteer Corps, which is expected to be This Act may be cited as the ‘‘Fish and terior only, processing and shipping of eagles part of the Service’s existing volunteer Wildlife Revenue Enhancement Act of 1998’’. and other migratory birds, and parts of mi- program, and for which the Secretary SEC. 2. FINDINGS AND PURPOSES. gratory birds, for Native American religious should explore coordination with Na- (a) FINDINGS.—Congress finds that— purposes.’’. September 11, 1998 CONGRESSIONAL RECORD — SENATE S10251 Mr. LOTT. I ask consent the commit- programs benefiting education, re- SECTION 1. SHORT TITLE. tee amendments be agreed to and the search and Native American religious This Act may be cited as the ‘‘Fish and Senate proceed to consideration of the and ceremonial purposes. Wildlife Revenue Enhancement Act of 1998’’. SEC. 2. FINDINGS AND PURPOSES. amendment offered by Senator CHAFEE I would like to note that this bill does not change existing authority (a) FINDINGS.—Congress finds that— which is at the desk. (1) the United States Fish and Wildlife The PRESIDING OFFICER. Without with respect to items that may be sold Service (referred to in this Act as the ‘‘Serv- objection, it is so ordered. by the Service. Indeed, it clarifies that ice’’)— The committee amendments were other laws prohibiting the sale of fish, (A) is responsible for storage and disposal agreed to. plants or wildlife equally apply to this of items derived from fish, wildlife, and AMENDMENT NO. 3579 law. Specifically, current law prohibits plants, including eagles and eagle parts, and other items that have become the property (Purpose: To make technical corrections) the sale of items derived from threat- ened and endangered species, marine of the United States through abandonment The PRESIDING OFFICER. The or forfeiture under applicable laws relating clerk will report. mammals, and migratory birds. In summary, I am pleased to cospon- to fish, wildlife, or plants; The legislative clerk read as follows: (B) distributes many of those items for sor this bill with Senator ALLARD, and The Senator from Mississippi [Mr. LOTT], educational and scientific uses and for reli- urge the Senate and House to approve for Mr. CHAFEE, proposes an amendment gious purposes of Native Americans; and numbered 3579. it expeditiously. (C) unless otherwise prohibited by law, Mr. ALLARD. Mr. President, I would Mr. LOTT. Mr. President, I ask unan- may dispose of some of those items by sale, like to say a few quick words in sup- except items derived from endangered or imous consent that reading of the port of S. 2094, the Fish and Wildlife threatened species, marine mammals, and amendment be dispensed with. Service Revenue Enhancement Act. migratory birds; The PRESIDING OFFICER. Without I have toured the Repository in the (2) under law in effect on the date of enact- objection, it is so ordered. Rocky Mountain Arsenal. I was im- ment of this Act, the revenue from sale of The amendment is as follows: pressed by the instructional programs abandoned items is not available to the Serv- On page 4, line 4, strike ‘‘plants’’ and insert ice, although approximately 90 percent of the the Fish and Wildlife Service runs from items in possession of the Service have been ‘‘plant’’. that facility. It is obvious that the Re- On page 4, line 6, strike the quotation abandoned; and marks and the following period. pository serves a vital educational (3) making revenue from the sale of aban- role. The Service is trying to utilize doned items available to the Service will en- Mr. CHAFEE. Mr. President, I am their resources to educate and inform able the Service— pleased that the Senate is considering the public about wildlife and wildlife (A) to cover costs incurred in shipping, S. 2094, the Fish and Wildlife Revenue trade. The passage of this bill will storing, and disposing of items derived from Enhancement Act, a bill introduced by allow them to put to good use assets fish, wildlife, and plants; and my colleague Senator ALLARD and co- that are now just wasting away, and to (B) to make more extensive distributions of those items for educational, scientific, sponsored by me. This bill represents a further their scholastic goals. move towards efficient use of govern- and Native American religious purposes. Another important reason for pas- (b) PURPOSES.—The purposes of this Act ment funds, and support for the valu- sage of this bill is that it benefits the are to make proceeds from sales of aban- able programs carried out by the U.S. National Eagle Repository. They sup- doned items derived from fish, wildlife, and Fish and Wildlife Service with those port the cultural and religious activi- plants available to the Service and to au- scarce funds. ties of Native Americans. We all know thorize the use of those proceeds to cover Each year, the Service receives thou- how important Raptores such as Bald costs incurred in shipping, storing, and dis- sands of items derived from fish, wild- and Golden Eagles are to the various posing of those items. life and plants, such as boots, purses tribes. The Service goes to great SEC. 3. USE OF PROCEEDS OF CERTAIN SALES. Section 3(c) of the Fish and Wildlife Im- and wallets, made from furs and skins. lengths to match the thousands of re- provement Act of 1978 (16 U.S.C. 742l(c)) is These items can be forfeited or aban- quests they receive from Native Ameri- amended— doned during enforcement of Federal cans for these rare birds. Any assist- (1) by striking ‘‘Notwithstanding’’ and in- wildlife laws, and they are eventually ance that we can give them which will serting the following: shipped to the National Wildlife Prop- improve that already excellent oper- ‘‘(1) IN GENERAL.—Subject to paragraph (2), erty Repository in Colorado. The Re- ation will be a credit to the Congress. notwithstanding’’; and pository currently has about 450,000 I would like to thank Chairman (2) by adding at the end the following: items, of which 200,000 can be legally CHAFEE, Ranking Member BAUCUS, and ‘‘(2) PROHIBITION ON SALE OF CERTAIN ITEMS.—In carrying out paragraph (1), the sold. their staff for their assistance on this bill. Several improvements were made Secretary of the Interior and the Secretary However, under current law, revenue of Commerce may not sell any species of from the sale of forfeited items go to during the committee process, and I be- fish, wildlife, or plant, or derivative thereof, the Service for certain program oper- lieve the bill is the best possible solu- for which the sale is prohibited by another ations, while revenue from the sale of tion to the funding and allocation Federal law. abandoned items go to the General problem currently facing the Reposi- ‘‘(3) USE OF REVENUES.—The Secretary of Treasury. More than 90 percent of the tory. the Interior and the Secretary of Commerce fish and wildlife items are abandoned, I would urge my current colleagues may each expend any revenues received from the disposal of items under paragraph (1), so that the Service would receive very to support the passage of this bill, and I hope my former colleagues in the and all sums referred to in the first sentence little revenue from sales of items in its of section 11(d) of the Endangered Species Repository. House will take up this matter and pass it soon after they return next Act of 1973 (16 U.S.C. 1540(d)) and the first The Repository was appropriated sentence of section 6(d) of the Lacey Act $310,000 for operations last year. After week. I thank the Chair. Amendments of 1981 (16 U.S.C. 3375(d))— Mr. LOTT. Mr. President, I ask unan- overhead and operations, only $30,000 ‘‘(A) to make payments in accordance with imous consent the amendment be was available for carrying out the pro- those sections; and agreed to, the bill be considered read grams that loan these items to schools, ‘‘(B) to pay costs associated with— the third time and passed, the motion ‘‘(i) shipping items referred to in paragraph universities, museums, zoos for edu- to reconsider be laid upon the table, (1) to and from the place of storage, sale, or cational purposes, and to Native Amer- and that any statements relating to temporary or final disposal, including tem- ican groups for religious and ceremo- the bill appear in the RECORD. porary or permanent loan; nial purposes. The PRESIDING OFFICER. Without ‘‘(ii) storage of the items, including inven- The bill would initially generate ap- objection, it is so ordered. tory of, and security for, the items; proximately $1 million for the Service The amendment (No. 3579) was agreed ‘‘(iii) appraisal of the items; through the sale of items derived from ‘‘(iv) sale or other disposal of the items in to. accordance with applicable law, including fish and wildlife that are currently The bill (S. 2094) was considered read stored by the Service. This money auctioneer commissions and related ex- the third time and passed, as follows: penses; would be used to cover the costs of S. 2094 ‘‘(v) payment of any valid liens or other storing and disposing of these items— Be it enacted by the Senate and House of Rep- encumbrances on the items and payment for which is now a financial drain on the resentatives of the United States of America in other measures required to clear title to the Service—and to fund the worthwhile Congress assembled, items; and S10252 CONGRESSIONAL RECORD — SENATE September 11, 1998 ‘‘(vi) in the case of the Secretary of the In- Mr. LOTT. It does. that someone who really understands terior only, processing and shipping of eagles Mr. BYRD. So I would like, in the fu- these rules, like myself, and I have for- and other migratory birds, and parts of mi- ture, if the distinguished majority gotten probably more than I will ever gratory birds, for Native American religious leader would find it appropriate and know again, I just want to protect the purposes.’’. agreeable to do so, that that particular rights of all Senators, and I know that f verbiage be a little clearer, as to just the leader wishes to do that. So I hope ORDERS FOR MONDAY, exactly what is meant. that there is no connotation of what I SEPTEMBER 14, 1998 Mr. LOTT. I believe in the past, if I am saying that appears to be sinister. Mr. LOTT. Mr. President, I ask unan- might respond to the Senator, that per- I have no objection. imous consent that when the Senate haps there had been a longer expla- f nation as to what was included. Per- completes its business today, it stand PROGRAM in adjournment until 11 a.m. on Mon- haps that is the way the Senator from day, September 14. I further ask that West Virginia did it when he was ma- Mr. LOTT. Mr. President, for the in- when the Senate reconvenes on Mon- jority leader. I think probably I may formation of all Senators, on Monday, day, immediately following the prayer, have caused this by indicating or ask- the Senate will debate the motion to the routine requests through the morn- ing if we couldn’t do that in a little invoke cloture on the motion to pro- ing hour be granted and the time until shorter phraseology. But I will go back ceed to S. 1981, the truth in employ- 1 p.m. be equally divided for debate re- and take a look at the best way to say ment legislation. lating to the motion to proceed to S. that, so that Members’ rights are pro- In addition, the Senate will resume 1981, the Truth In Employment Act, tected and so that they will understand consideration of the Interior appropria- with the time divided between Senator what is being asked for there. tions bill, a very important bill for our country and one I hope we can move HUTCHINSON and Senator KENNEDY or Mr. BYRD. Mr. President, if I his designee. may—— through the regular process and get I further ask consent that at 1 p.m. The PRESIDING OFFICER. The ma- into conference so an agreement can be the Senate resume consideration of the jority leader has the floor. worked out. It is hoped Members will Interior appropriations bill. And I want Mr. LOTT. I yield to the Senator make themselves available Monday to emphasize at this point that it from West Virginia. afternoon if they intend to offer would be my intent, the early part of Mr. BYRD. If I may ask the majority amendments to this very important next week, to be on the Interior appro- leader to yield, and I won’t take long, bill. I am hoping, I believe maybe there priations bill Monday afternoon, Tues- but having been majority leader my- is one very important amendment that day, Wednesday—until we complete ac- self, I know that there are a number of can be offered Monday afternoon. I tion. I know there have been other things involved there, and there may hate to point it out, but I think we issues that have necessarily been of- be one particular item on a particular have one that could take a good bit of fered this week on the Interior bill, and occasion, and for a particular reason, time, and we could have a vote on it cloture votes, but I think next week it that Senators would want to have oper- late in the afternoon on Monday. is important that we do get a focus on ative according to the usual rules. All Senators should be on notice that I urge that we not—Mr. President, the Interior appropriations and com- the first rollcall vote will occur on that we not speed the operation up to plete action on that so that we can go Monday beginning at 5:30, and that the point that Senators’ rights may be to the remaining two appropriations vote will be on invoking cloture on the eclipsed. And I am not suggesting that bills. motion to proceed to the truth in em- I further ask consent that at 5 p.m. the majority leader intends that. He ployment bill. Additional rollcall votes there be 30 minutes of debate equally has already indicated—and I knew are possible following the 5:30 vote divided, again related to S. 1981, with what he was doing—he was trying to hopefully relating to possible amend- the vote occurring on the motion to in- speed the operation up in a way that ments to the Interior appropriations voke cloture on the motion to proceed would be more efficient. But there are bill. I thank my colleagues for their co- to S. 1981 at 5:30 p.m. on Monday. things involved in that particular phra- operation in that. The PRESIDING OFFICER. Is there seology which might take 30 minutes f to discuss here if we started to do so. objection? ORDER FOR ADJOURNMENT Mr. BYRD. Mr. President, reserving I just hope that the distinguished the right to object, and I will not ob- Senator will have his staff look at that Mr. LOTT. Mr. President, if there is ject, but there is some phraseology in language and that we might be able, no further business to come before the the majority leader’s request that I Senators, to reserve their rights while Senate, I now ask unanimous consent wish to inquire about. And I have noted even agreeing to such a request, if the that the Senate stand in adjournment the same phraseology in the requests circumstances required it. under the previous order, following the from time to time lately, but at this Mr. LOTT. Mr. President, certainly I remarks of Senators KENNEDY, DORGAN, moment, since we are both on the will review that again. I remembered, HATCH, and HUTCHINSON, and that, of floor, I will ask the question. when we made a modification in the course, is after Senator BYRD com- What does the majority leader mean language—and I do have it before me pletes his statement. when, in his request, he uses these here—on February 10, 1997, I did point The PRESIDING OFFICER. Without words, ‘‘the routine requests through out what the intent was here, the objection, it is so ordered. the morning hour be granted’’? What phrase ‘‘the routine requests through Mr. LOTT. I yield the floor. I thank does that mean? the morning hour’’ are deemed to in- Senator BYRD very much for his cour- Mr. LOTT. Mr. President, if I could clude the approval of the Journal to tesy. respond, that would mean that the rou- date, the waiving of resolutions coming The PRESIDING OFFICER. The Sen- tine business such as the reading of the over under the rule, the waiving of the ator from West Virginia is recognized. Journal, things of that nature, would call of the calendar, and the expiration Mr. BYRD. Mr. President, I always be deemed to have expired. of the morning hour. appreciate the problems that the dis- Mr. BYRD. Mr. President, I will not Because I was aware that this was a tinguished majority leader has, and I object on this occasion, but I think—I change and a shortening of that. But have a feeling of sympathy for him. It am not trying to create any problems we will take another look at it. We al- is never my desire to throw up any for the majority leader. ways certainly respect Senator BYRD’s roadblocks or attempt to create any Mr. LOTT. Sure. suggestions and requests, and we will problems for him unless I have very Mr. BYRD. I have been in that posi- do so. good reasons to do so. I think there is tion and I know I never liked other Mr. BYRD. Mr. President, I thank a fine relationship between us, and I Members to create problems for me— the distinguished leader. It is not my want that to continue. I hope the lead- but they did, often. point here to quibble or to find fault er has a great weekend. That phraseology includes several with the leader. I appreciate the spirit Mr. President, I know that Senator items, especially for a Monday. in which he has accepted this. I can see DORGAN is waiting to get the floor. September 11, 1998 CONGRESSIONAL RECORD — SENATE S10253 I believe I will need just a few more west and Appalachian states signifi- 85% reduction will require an initial in- minutes. I ask unanimous consent that cantly contribute to nonattainment in vestment of $6 billion and an annual I may proceed for an additional 15 min- the downwind states. The OTAG model- compliance cost of $1.2 billion by utili- utes. ing actually concluded that the air- ties in the 22-State region. Other indus- Mr. DORGAN. Reserving the right to borne transport of ozone is only a try cost estimates are even larger. object, and I shall not object, what I major concern within a radius of 150 Businesses and consumers in the Mid- would like to do is ask consent that miles of the emission source. Using the western, Appalachian, and Southeast- following the remarks of Senator OTAG results, emissions of nitrogen ern States will bear the bulk of these BYRD, I be recognized for 20 minutes, oxide from the Midwest and Ohio Val- costs. Electric power utilities will be and I also ask, on behalf of Senator ley simply do not affect ozone levels in forced to install selective catalytic re- KENNEDY, that he be recognized for 30 the Northeast at a significant level, duction equipment on a large number minutes following my remarks. and the suggestion that emissions from of existing plants, but there is little ex- The PRESIDING OFFICER. Does the the Mississippi area affect the eastern perience in the United States with the Senator from West Virginia make that seaboard is even more unjustified by use of this type of technology. What we part of his request? the empirical evidence. The OTAG do know is that selective catalytic re- Mr. BYRD. I do. modeling indicates that the greatest duction, SCR, technology is extremely The PRESIDING OFFICER. Without contributions to the ozone problem in costly and will require difficult retro- objection, it is so ordered. the Northeast are emissions from fitting for many powerplants over a pe- Mr. BYRD. Mr. President, I thank all sources in the Northeast and, particu- riod of several years in order to meet Senators and, again, I thank the distin- larly, from the growing numbers of the EPA’s recommended reductions. By guished majority leader. automobiles congesting the roads and all appearances, the emissions reduc- f filling the air with their fumes. As my tions mandated by the EPA in the Mid- colleague, the senior Senator from western and Appalachian region are THE EPA’S PENDING NO X Rhode Island and Chairman of the En- unjustified and they are unfair. EMISSIONS RULE vironment and Public Works Commit- We sometimes forget that, too often, Mr. BYRD. Mr. President, on July 16, tee, said in an April 16, 1997, letter to bureaucratic rules have major impacts 1997, President Clinton directed the En- EPA Administrator Carol Browner, on a personal level. Electricity rates in vironmental Protection Agency (EPA) ‘‘Contrary to a public belief too readily West Virginia and the Midwest are con- to review its nitrogen oxide (NOX) accepted without any evidentiary foun- siderably lower than those of the transport standards under the Clean dation, our problem does not come pri- Northeast. If the EPA issues its rule Air Act. Subsequently, on November 7, marily from distant smokestacks in forcing States to reduce nitrogen oxide 1997, the EPA announced a proposed the Ohio River Valley.’’ emissions by 85%, Midwest and Appa- ozone transport rule to reduce the re- Recommendations based on OTAG’s lachian utility rates will rise signifi- gional transport of ground-level ozone modeling ranged from targeted reduc- cantly. Meanwhile, as much of the across a 22-state region of the eastern tions only in specified non-attainment United States is enjoying the benefits United States, and the agency is now locations to the EPA’s extreme choice of a strong economy, the Appalachian poised to announce its final ruling on of an 85% reduction across the board in region is still struggling to pull itself, NOX emissions and ozone transport. all states. If the EPA forces the so- in some areas, out of poverty. In recent The 22 states that have been targeted called ‘‘upwind’’ states like West Vir- years, West Virginia has aggressively by this rule are some of the nation’s ginia, Ohio, Tennessee, Kentucky, and sought out and won new business op- most heavily populated, and include a Virginia to reduce their emissions by portunities. large concentration of major indus- the recommended 85%, the effect will Toyota is making a very important tries, utilities, and automobiles. be economically harmful, yet will do announcement even today, within the Based on past experience, it is not little in the long run to reduce the next hour, of additional plans that it surprising that the Environmental Pro- Northeast’s ozone problem or improve has for its plant in Putnam County, tection Agency has, once again, de- its overall air quality. This rec- WV. cided to pursue a heavy-handed and ar- ommendation is neither equitable nor West Virginians who previously had bitrary approach toward its regulation cost-effective. to leave the State for career opportuni- of NOX emissions. While the EPA ar- The consequences of the EPA’s deci- ties are now able to come back home to gues that its recommendations reflect sion for the Midwest and Appalachian well-paying jobs that can comfortably the cooperative work of 37 states states will be severe. For example, my support their families. If this stiff new through the Ozone Transport Assess- own state of West Virginia is currently rule goes into effect, families in West ment Group (OTAG) process, OTAG ac- in compliance for ozone. West Vir- Virginia will find it harder to pay their tually recommended a range of options ginians are proud of this record and are electric bills; retirees on small pen- to be considered on a state-by-state working hard to maintain a clean envi- sions will face choices that could basis. The EPA, in its proposed rule, ronment. Unfortunately, however, de- threaten their health and well-being; has chosen the most extreme of those spite this commendable record of com- and companies, facing narrower profit recommendations—an 85% reduction in pliance, the EPA is proposing that margins, may consider moving their NOX emissions within the 22-state re- West Virginia reduce its NOX emissions operations elsewhere because they gion. Far from being a flexible, tailored by a whopping 44%. This is a huge over- would no longer receive the benefits of reduction for individual states based on night shift in policy—from compliance low-cost electricity. Further, commu- their own contributions to the problem to gross under-compliance in the twin- nities that have invested in new infra- of ozone and air quality, this is a dra- kle of an eye—which would force sig- structure and have strained to help conian, one-size-fits-all, command-and- nificant, costly changes to industries grow new and existing businesses could control approach and does not take and utilities in my state, but for what see their economic base dwindle. I am into account regional differences. I am purpose? For what purpose? weary of regulations that lead to un- concerned that this plan, which is ap- Mr. President, studies conducted by necessary economic dislocation. I want parently based on insufficient sci- industry officials estimate that it will to be sure that the citizens of Appa- entific information, poses potentially cost $500 billion for every 10% decrease lachia can afford to heat and light substantial harm to the economies of in NOX emissions, costs that will be their homes, and that they can receive the affected states without delivering passed onto consumers. If the EPA’s reliable, consistent service from their on the substantial environmental bene- proposal is implemented, electricity utilities. I also want to be sure that fits it claims. rates will climb precipitously in States each State recognizes and takes re- A key concern with the EPA’s rec- like West Virginia, but this sacrifice sponsibility for its own air quality ommendation is that it is based on reportedly will do little to improve air standards. But, I do not believe that a modeling results that are inconsistent quality in the Northeast. According to few States should have to shoulder the with modeling conducted by OTAG. a recent study by the Alliance for economic burdens for the EPA’s hypo- The EPA has made a finding that Mid- Clean Air Policy (ACAP), the EPA’s thetical air quality improvements. S10254 CONGRESSIONAL RECORD — SENATE September 11, 1998 Certainly, there are better, more sci- oping technically sound strategies for again. With the receipt of this report, a entifically and economically sound al- attaining the 8-hour ozone standard. very grave constitutional process has ternatives to the severe rule proposed Clearly, alternative proposals exist begun. And we need to respect that by the EPA. A number of alternative that are achievable and that would pro- process and all that it may mean for proposals have been submitted that are vide cleaner air for millions of Ameri- the Nation now and into the future. I projected to reduce NOX emissions and cans sooner than would be provided in would like to outline that process, at the same time meet the attainment the Clean Air Act, without the adverse which is covered in its entirety in just of the new 8-hour ozone standard in economic consequences that appear in- a few brief passages of the Constitu- many states earlier than currently evitable as a result of the EPA’s pro- tion. And they are to be found on page scheduled. In fact, 13 Governors have posal. Moreover, these types of alter- 59 of my book on the Senate. Of course, submitted alternative strategies for ad- native approaches are consistent with they can be found in the Constitution dressing this important issue. These al- the July 1997 Presidential Directive itself. ternative proposals include one by a calling for a flexible, common-sense ap- Article I, section 2, clause 5: group of six Governors, led by West proach to address this important and The House of Representatives . . . shall Virginia Governor Cecil Underwood, complex issue. have the sole Power of Impeachment. who have submitted a very comprehen- The Governors have worked to craft Article I, section 3, clause 6: sive proposal. Other similar alternative reasonable, science-based, balanced, The Senate shall have the sole Power to proposals have been submitted individ- and cost-effective proposals. I hope try all Impeachments. When sitting for that ually by the Governors of Kentucky, Il- that the White House will recognize Purpose, they shall be on Oath of Affirma- linois, Indiana, Missouri, North Caro- the spirit of cooperation and commit- tion. When the President of the United lina, South Carolina, and Wisconsin. ment that these Governors have made States is tried, the Chief Justice shall pre- These alternative plans share the same to air quality standards that address side: And no Person shall be convicted with- core elements and represent aggressive out the Concurrence of two-thirds of the both the environmental and the eco- Members present. steps to achieve a significant reduction nomic interests of their States and sur- Article I, section 3, clause 7: in NOX emissions. rounding States. The alternative recommendation put I also hope that these alternative Judgment in Cases of Impeachment shall not extend further than to removal from Of- forth by the aforementioned coalition proposals are given serious consider- of six Governors representing West Vir- fice, and disqualification to hold and enjoy ation before any final action is taken any Office of honor, Trust, or Profit under ginia, Michigan, Ohio, Tennessee, Ala- to issue a new rule. Let us not get in the United States: but the Party convicted bama, and Virginia is a very com- too big a hurry here. If a compromise is shall nevertheless be liable and subject to In- prehensive proposal. The first phase not reached regarding this very impor- dictment, Trial, Judgment, and Punishment, recommends a 55 percent reduction of tant matter, I am concerned that it according to Law. NOX emissions by April 2002, followed will be tied up in the courts and thus Article II, section 2, clause 1: by a 65 percent reduction in NOX emis- prevent the States from taking the ac- The President shall. . .have Power to sions by April 2004. This alternative tions to which they have committed grant Reprieves and Pardons for Offenses would also require significant reduc- themselves, while also delaying a real, against the United States, except in Cases of tions from other large non-utility beneficial reduction of nitrogen oxide. Impeachment. sources by April 2003. By contrast, the Mr. President, I urge the administra- Article II, section 4: EPA proposed an overall 85 percent re- tion to work with the Governors to The President, Vice President and all civil duction from major utility sources, 70 reach an environmentally and eco- Officers of the United States, shall be re- percent from major industries, and 50 nomically sound and common-sense so- moved from Office on Impeachment for, and percent from small industries by May lution that is in the interest of our Na- Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors. 2003—a target few companies anticipate tion as a whole. meeting without substantial costs. The Mr. President, how much time do I Article III, section 2, clause 3: EPA’s compliance schedule also may have remaining? The trial of all Crimes, except in Cases of threaten the reliability of electrical The PRESIDING OFFICER. The Sen- Impeachment, shall be by Jury. . . . supplies in these and adjacent States. ator has 14 minutes. Now, Mr. President, my colleagues In the second phase, the coalition Mr. BYRD. I thank the Chair. are all well aware of the very difficult plan calls for assessing the reductions f path we may be starting down now that that will be necessary to meet the new the Starr report has been received. The EPA-mandated 8-hour ozone standard LET’S RESPECT OUR House will take the first hard steps, by 2009—3 years ahead of the EPA’s CONSTITUTIONAL PROCESS and the Senate may—I say, may—have schedule of 2010–2012. As proposed, the Mr. BYRD. Mr. President, the Nation to follow. If we hope to restore the con- assessment will be completed by 2001, is awaiting the public release of the fidence of the Nation in their Govern- the control requirements established Starr report. The rhetoric concerning ment, and in the Congress in particu- by 2003, and additional controls in the President’s future has become lar, Members must be allowed to carry place in a reasonable period by 2007. superheated, and is nearing the point out their task free from the kind of I support initiatives like those put of spontaneous combustion—and no hype and speculation and inflam- forth by the 13 Governors. They dem- one has even had a chance to read, let matory commentary that is swirling onstrate a spirit of cooperation and alone reflect upon, all 445 pages of that all around us. I say this as much to the have numerous advantages. A phased report. It will be all too easy for indi- public, perhaps even more so, and the approach would avoid disruption in the vidual pages and charges to be pulled media, as I do to my colleagues. Give reliability of electricity services and out and waved around to fan these us the time and the elbowroom to live would achieve substantial cost savings flames, but that does an injustice to up to our solemn constitutional obliga- for businesses and consumers. In rec- the dignity and stature of this Nation. tion to the Nation. ognition of the limited impact of long- So I would like to pour a little cold We, in the Senate, of course, do not distance ozone transport, NOX controls water on these flames, and to urge ev- know at this point whether there will for achieving the 8-hour emission eryone—all of us—to cool it. be any impeachment of the President standard should be tailored at the The world was not created in a day. by the House of Representatives. That local, State, and regional levels. The And we cannot rush that clock on the remains in the hands of the other body. phased approach builds upon the OTAG wall, as much as some of us might like That is not in our hands. Only if and recommendations for addressing re- to do. The clock will take its time. And when the House were to formulate and gional transport concerns and would time will move no faster, no slower approve articles of impeachment would encourage allowance trading as a com- than it moved in the days of Adam and any articles then come to the Senate. pliance tool. Finally, a phased ap- Eve in the Garden of Eden. The Senate would then, and only then, proach would be consistent with the With the receipt of this report, a very under the Constitution, be called upon Clean Air Act requirements and would grave constitutional process has begun. to make its judgment, up or down, allow States to take the lead in devel- I want to emphasize that. Let me say it without amendment, on each article. September 11, 1998 CONGRESSIONAL RECORD — SENATE S10255 This is a very solemn matter and this is a neighbor of ours. This holiday ity leader will see this one day, as he Senator will not be influenced by the began in West Virginia. recently had a grandchild come into hype. I shall do my very best if that In 1956, a lifelong mountaineer and his family. time comes—and it may never come, it the wife of a coal miner, Mrs. Marian While grandparents’ steps are enliv- may never come—but if it were to, I McQuade, was asked to assist in orga- ened by spending time with their would do my very best to render a fair nizing a ‘‘Past 80 Party.’’ I would qual- grandchildren, the children learn upon judgment, not only to the person im- ify for that party if it were held today. which path these steps ought to be peached but also to the Nation, to the Well, this group continues today to an- taken. Children, although they may, at people, always keeping in mind the so- nually honor and celebrate octogenar- times, view their elders as antediluvian lemnity of the occasion and the kinds ians and other seniors in West Vir- and inveterate, will sit enraptured as of precedents and standards that we, ginia. Mrs. McQuade began gathering they listen to stories recounted by ourselves, would be setting for all of participants to join in these festivities their parents’ parents. I remember how the generations to come. It is not going by contacting nursing homes. She they used to sit around me when I to be a matter to be decided tomorrow learned of the chronic loneliness that played the fiddle. Oh, to live those days or next week or the next 2 weeks or the many of the seniors in these homes ex- over again! next 3 weeks in this Chamber. The perienced, and she was deeply sad- The young will often, perhaps other House will act as it sees fit, dened. Her heartfelt concern engen- strangely, volunteer to assist with oth- based upon the evidence in the report. dered the idea of a special day, a spe- erwise tedious chores to be by the side We would be sitting as jurors if and cific day to celebrate grandparents. of grandparents. From the tales told In May 1973, West Virginia became when articles of impeachment were and the time spent tending to tasks to- the first State with a specially des- ever sent to us by the other body. gether, youngsters learn family his- ignated Grandparent’s Day. Five years It is a constitutional process. Let’s tory, and they ought to listen to it and later, Mrs. McQuade received a phone keep that in mind. We must be true to they ought to be interested in that call from the White House. This call in- the Constitution, and true to the Na- family history. They learn family his- formed her that President Carter had tion. We must be fair, and we must be tory, traditions, and glimpse a wiser signed a law that designated the first seen as having been fair. perspective of their world. Also, that is Sunday after Labor Day as National Let me, in closing, read the oath what many of us older persons need Grandparent’s Day. The holiday was which each Senator would be required today—a wiser perspective of our shifted to the fall for symbolic reasons, to take in the event—and I emphasize, world. Narratives and demonstrations as Grandparent’s Day celebrates those in the event—that the Senate were of the maxim ‘‘hard work works’’ have in the autumn—ah, the autumn—of ever faced with an impeachment trial. the power to convey and ingrain the their lives. The first official national The public should know that this is the principles of success that are eternal observance of this holiday occurred in oath to which each Senator must sub- verities. It is hard to imagine or recall, September 1979—autumn, when the scribe. with our cars, microwaves, cell phones, leaves are turning from green to gold Here is the oath. It is on page 61 of and laptops, just how hard our parents to red and to brown. the document titled, ‘‘Procedure and and grandparents labored to do things The statute creating Grandparent’s Guidelines for Impeachment Trials in that seem so simple today. We turn up Day states that the purpose of Grand- the United States Senate,’’ revised edi- a thermostat instead of chopping wood. parent’s Day is ‘‘to honor grand- tion, prepared pursuant to Senate Res- But if one wants to warm himself parents, to give grandparents an oppor- olution 439, 99th Congress, 2d Session, twice, he only needs to chop his own tunity to show love for their children’s submitted by Senator ROBERT C. BYRD wood. We hit ‘‘spellcheck’’ rather than children, and to help children become and Senator Robert Dole, by Floyd M. retyping term papers. When faced with aware of [the] strength, information, Riddick, Parliamentarian Emeritus of future adversity, growing children may and guidance [that] older people can the U.S. Senate and Robert B. Dove, look back on such nostalgia to carry offer.’’ This is a day to celebrate shar- Parliamentarian of the United States them through their own trying times. ing between the generations. It is a day Senate, August 15, 1986. I am lucky to share in my grand- The form of oath administered to each for the older and younger generations to commune with one another. It is, children’s lives, I feel the pride of being Senator, as set forth under Rule XXV, is as a grandparent, and I recall Mrs. follows: above all, a day to celebrate the fam- I solemnly swear (or affirm, as the case ily. McQuade’s story. I remember how she may be) that in all things appertaining to All too often in our increasingly fast- found that some seniors were neglected the trial of the impeachment of [blank], now paced world, we fail to reflect. Perhaps and forlorn, living lives of lonely des- pending, I will do impartial justice according on this Grandparent’s Day we can titution. Who knows, that may come to to the Constitution and laws: So help me enjoy the leisure of reminiscing on ear- any one of us in time. Sadly, for some, God. lier days and, in so doing, opening a di- this is still the case. How much time remains? alog between the generations. Such a Although many of their loved ones The PRESIDING OFFICER. The Sen- confabulation benefits all who partici- may have passed on, other seniors, ator has 39 seconds remaining. pate. thanks to advances in medicine and to Mr. BYRD. Mr. President, I have Sharing time with grandchildren pro- Federal programs that provide a safety some remarks concerning Grand- vides the grandparent not only with net of social services, continue to carry parent’s Day. I ask unanimous consent longed-for companionship, but also on. Many find ways to remain active in I may proceed for an additional 10 min- may inspire great personal joy and a their communities, organizing events utes. renewed liveliness. The young are like or sharing their time with others. The PRESIDING OFFICER. Without a rejuvenating elixir, restoring a Some have even taken on the burden of objection, it is so ordered. youthful spring in one’s step. The raising their children’s children or act- Mr. BYRD. I see no other Senators young possess a certain charm, remind- ing as surrogate grandparents to those seeking recognition at the moment. ing us of what it feels like to be young children who have lost their natural f again, and through them the spirit is grandparents or who never knew them. enlivened. The aged may even see in Our older Americans have sweated and CELEBRATING GRANDPARENT’S the younger generation certain remind- labored to defend and fight for our Na- DAY ers of their own early ambitions, and tion, educate our young, mine the fuel Mr. BYRD. Mr. President, this Sun- foresee the potential that these sprouts to keep our homes warm, and shelter day is Grandparent’s Day. Like Moth- have to take root and grow. And when the values which we treasure the most. er’s Day, this holiday has its origins in these seedlings begin to bloom, finding A greater obligation to our venerable the great State of West Virginia. The their own success, there is no greater matriarchs and patriarchs who have Presiding Officer at the moment is pride than that of the grandparent who served as such wonderful role models to from Ohio, a distinguished Senator encouraged, who listened, and who ap- not one, but two, generations is our from Ohio. He is a neighbor. His State plauded along the way. And the major- duty. S10256 CONGRESSIONAL RECORD — SENATE September 11, 1998 This is why I am proud to add my gress before we adjourn. I was im- ton, DC, to Thomas Jefferson. And name as a cosponsor of a bill to reau- pressed that he indicated that it is his then we never heard another word from thorize the Older Americans Act. This intention for us to take up legislation Lewis and Clark for 17 months. Then Act helps to assess the needs of seniors to address this farm crisis once again we discovered on the conclusion of that and provide services to fill these needs. as we did in the month of July. It is an remarkable expedition that they had Funding through this Act provides nu- urgent situation. been to the West Coast and back. And trition, disease prevention, and in- The future of many family farms and they told us what they found in this re- home health service programs for the the future of many families living out markable country of ours. elderly. The Older Americans Act will in rural America depends on this Con- That letter, by the way, just for in- also provide for community service em- gress stepping up and making the kind terest sake, was never viewed by the ployment for senior citizens with low of decisions that will give them the op- public until a couple of months ago. income, so that they may continue to portunity to make a decent living on That letter, in a special effort by the demonstrate the strength of their work the family farm. Library of Congress, is now being ethic. Furthermore, the Act will allow When I talk about my part of the viewed publicly at an Interpretation state and local aging agencies to oper- country, or our part of the country, I Center of Lewis and Clark near ate as advocates to promote the rights am reminded of something that Daniel Washburn, ND, with all proper secu- of older persons. As more and more Webster said. He was one of the giants rity, about a mile from where Captain Americans enter the older generation, of this institution. In fact, his portrait Lewis wrote the letter in the year 1805 it is critical that the mechanisms is on the wall out here in the reception on April 7. He sent it by keelboat down which have provided assistance con- room of the U.S. Senate. He is recog- the Missouri, all the way around to tinue to be able to lend support. We nized as a giant in the history of this President Jefferson, and, of course, it must not forget the lessons which body. When THOMAS Jefferson made the came back in by jet airplane nearly 200 these men and women have passed on Louisiana Purchase, which was fairly years later. to us and to our children. To do so controversial at the time, let me read I tell you that just to say that this is would be to debase their contribution to you what Daniel Webster said. Re- a wonderful, remarkable country, and to the prosperity of our own posterity. member; this a part of the country in our part of the country, which is The generous contributions our seniors that I come from. About that Louisi- called the farm belt, a rural area of the have made will continue to propagate ana Purchase, Daniel Webster said: country, we are having an enormous long after the grandchildren of today What do we want with this vast, worthless amount of difficulty, one that requires leave this world. Remembering our area, this region of savages and wild beasts, this Congress’ attention. older Americans, and the importance of of desert and shifting sands and whirlwinds, There are two things that are of their influence on many young, fresh of dust, cactus, and prairie dogs? What can great concern to us. lives, is perhaps the most apt offering we ever hope to do with this western coast, The collapse of grain prices means we can bestow as we celebrate Grand- a coast of 3,000 miles, rockbound, cheerless, that we see the threatened loss of thou- uninviting, and not a harbor on it? What use sands and thousands and thousands of parents’ Day. do we have for this country? Mr. President, I yield the floor. In families who now live out on the fam- doing so, may I thank my friend from Daniel Webster is not considered ily farm. Grain prices have flat out col- thoughtless because he made this North Dakota, Mr. DORGAN, for his pa- lapsed. Crop disease has come and vis- tience, and all others on whose time I statement. But it is quite clear, I sup- ited our State —the worst crop disease have transgressed. pose, to all of us now that he missed of the century at the same time that I thank him also for his contribu- the mark some. grain prices have collapsed. And, on tions to the work of the Nation, for his ‘‘What do we want with this vast, top of that, these farmers also fail be- knowledge, for his clearheadedness, for worthless area?’’ cause of unfair trade, unfair trade his evenhandedness, and for the inspi- Gosh. What a remarkable part of our which helps cause the grain price col- ration that he gives to me and all of country that Louisiana Purchase be- lapse; an enormous amount of unfair my colleagues. came. trade, unfair trade that no one seems Mr. DORGAN addressed the Chair. Then a couple of years after Daniel to be interested in doing anything The PRESIDING OFFICER. The Sen- Webster asked this question about that about. ator from North Dakota is recognized part of America, Thomas Jefferson sent That brings me to the point I want to for 20 minutes. Lewis and Clark to explore that area, make today dealing with our trade Mr. DORGAN. Mr. President, let me and it was one of the great expeditions problems, especially with our neigh- thank the Senator from West Virginia in the annals of American history. bors to the north—the Canadians—but for his kind words. He always contrib- Lewis and Clark, on May 14th, 1804, these trade problems relate to Mexico, utes immensely to this Senate when he left St. Louis, MO, with 44 men and 120 to France, to China, and to other coun- rises and speaks to the Senate and to gallons of whiskey, by the way, pur- tries as well. the American people. I am enormously chased with government vouchers. The Let me describe the problems just proud to serve with Senator BYRD, as I President said, ‘‘Buy whatever you briefly, as I have before, and then tell have indicated on previous occasions. need.’’ I have made jokes about the you why I am especially interested f need to purchase 120 gallons of whiskey today. to get them through certain States. Trade agreements: There are those THE FARM CRISIS But I will not repeat those jokes here. talking about this mantra of free trade Mr. DORGAN. Mr. President, I come I do that only because I think it is in- saying let’s do more free trade agree- to the floor today to talk briefly about teresting to study the history of that ments, and the more we trade, the bet- a couple of issues that are of critical Lewis and Clark Expedition. It was a ter off we are, and the better it is for importance to the country, and espe- remarkable expedition. our country. Trade statistics show that cially to that part of America that I In April of 1805—April 7, to be exact— as we negotiate these agreements, come from—North Dakota, the farm after Lewis and Clark had gone from agreement after agreement, whoever is belt. It is an important part of our St. Louis up to what is now near negotiating these agreements must not country. Our country is made up of Washburn, ND, and spent the entire be keeping their eye on the ball, be- many parts—of cities, of country, of winter with the Mandan Indians, before cause agreement after agreement we family farms, of main streets, and they began the next portion of their see deeper and deeper trade deficits for small businesses. But we are going journey to the West Coast, April 7, 1805, this country. through a very, very tough time in Captain Lewis wrote a letter to Thom- I ask those who negotiate our agree- rural America. as Jefferson. That letter—a six-page ments: Is there any chance you might I asked the majority leader some mo- letter—was put on a keelboat with negotiate a trade agreement that is in ments ago on the floor of the Senate some soldiers and sent down the Mis- our country’s best interest just once; about the ability to deal with this farm souri back to St. Louis, then down to something that benefits our country crisis through some action by this Con- New Orleans by boat, then to Washing- instead of deepens our trade deficits? September 11, 1998 CONGRESSIONAL RECORD — SENATE S10257 The economic all-stars in trade have producing a product, you produce a collapsed prices and are having auction become America’s family farmers. We product, but we need to make sure you sales the Trade Representative does have an abiding and abundant trade are not polluting our air, not polluting nothing. You can go to those auction surplus in agricultural commodities our water, not hiring kids, and you sales and see the tears those farmers and products. But that is shrinking, as don’t have unsafe plants? cry because they have lost more than a you can see. That is shrinking because So we have restrictions on air pollu- farm and a home; they have lost their the trade agreements that have been tion, restrictions on air and water pol- hopes, their dreams and everything developed over the years with other lution, we have child labor laws, and they wanted to do in life. And one of countries—the Canadian agreement, we have worker safety provisions. And the reasons that that is happening and Mexican, and others—have not been in then we say, you produce that product that prices are collapsing is this grain the interest of our farmers. They have under those conditions—and I support from Canada, durum, wheat, barley, is created a bifurcation of trade strategy all of those conditions, by the way— flooding through our back door because so that we become a sponge for vir- and then go compete, and when you of a trade agreement that was, again, tually anything anyone wants to send compete, you compete against a plant incompetently negotiated. into our country, even if it is sent here in some country tens of thousands of It is unfair trade, in my judgment. unfairly. And we increasingly cannot miles away that doesn’t have any re- That is quite clear. It is sent here by a get our products into other countries’ striction on dumping chemicals into State trading agency in Canada which markets. The result is that the agricul- the air, chemicals into the water, hir- would be illegal in this country. A State trading monopoly in Canada tural trade surplus, which once was ing kids or having unsafe factories. would be illegal here. It sends that healthy and which once reflected the And so they increase corporate profits, grain with secret pricing. By the way, one bright spot on our trade picture, is make cheaper products and ship them we don’t have secret prices here. Their now itself diminishing. here and compete unfairly. prices are secret, and yet our trade Our foreign debt grows to finance I ask our trade ambassadors to de- agency refuses to lift a finger, doesn’t this trade deficit. You know what red fend that; defend that. And if you lift a finger. And they boast about all means, and I have shown many of these can’t, then don’t go negotiate another the work they are doing. charts before that show that the trade treaty for this country unless you can demonstrate to the American people Senator BYRD once talked about debt is increasing and increasing dra- Aesop’s fly. It probably fits here. matically. you are willing for a change, for once, to stand up for this country’s economic Aesop’s fly, sitting on the axle of a Now, we have a U.S. trade ambas- chariot observing, ‘‘My, what dust I do sador’s office that negotiates trade interests. Now, there will be some people in raise.’’ Yes, my, what dust this USTR treaties. I voted against, I guess, the does raise. It is not even relevant to last three or four of the treaties they this town who will listen to this, and they say, well, this guy is some what is going on. The fact is, there are have negotiated. They went and nego- xenophobic isolationist, and that is levers, there are opportunities, for our tiated one with Canada and, fundamen- what all this language is about. I am agencies to use, including the USTR, to tally, in my judgment, sold out the in- not that: we need to find a foreign stand up and fight for fair trade for our terests of American farmers. I think I home for much of what we produce in producers, our farmers, and our manu- can demonstrate it; I think I have. farming today. facturers, and they consistently refuse Then they negotiated NAFTA with I want expanded trade, I want ex- to do it. Canada and Mexico. Same thing—a panded trade opportunities around the I will have more to say about this wholesale exodus of American jobs. world, but I am flat out sick and tired specifically next week and specifically They negotiated GATT—fundamentally of our farmers and our business men about USTR and specifically about the unsound in the way it was negotiated and women being consigned to trade trade agreement with Canada. I will to protect our producers’ economic in- internationally in a circumstance have more to say about it next week. terests. I am not talking about being where our trade negotiators have nego- But this country and this Congress protectionist now. I am talking about tiated trade agreements that, A, are in- should not allow this to continue standing up for the economic interests competently negotiated so they put us where our producers are confronted of our producers to say, if you must at a disadvantage and, B, totally non- with unfair trade circumstances. We ei- compete—and that is a worthy objec- enforced, unenforced. They won’t lift a ther ought to expect an agency to tive—then we will make sure the com- finger to enforce a trade agreement stand up and fight trade fairness or get petition is fair. that I can see. rid of the agency; just get rid of it. Has that happened in all of these re- This morning I read in the paper that Stop pretending. cent trade agreements? Not at all. Be- our steel industry is going to file an ac- Mr. President, I mentioned Canada. I cause these folks are interested in ne- tion alleging that there is dumping could talk about beer, Mexican beer gotiating agreements, some kind of going on in this country. I don’t even coming north and American beer not trade agreements that comport with know much about it, but I say to the going south. That is liquid barley, I some notion of free trade they have, a steel industry, sign me up as a sup- guess. You know that is where beer notion that is foreign to the folks porter. It is about time people start comes from. I could talk about looking where I grew up. standing up for their interests and de- at trade through the eye of a potato, Is it free trade to say to an American manding that trade competition be fair whole potatoes south, french fries producer, you go ahead and produce a competition. north with the Mexican agreement. Or product, then ship it to a marketplace The first 25 years after the Second maybe we could do it with something and try to sell it? And by the way, you World War, trade policy could be for- everybody understands—Beanie Babies. are going to compete with a manufac- eign policy and we could tie one hand You go stand at the border and see a turing plant in Sri Lanka or Indonesia behind our back and beat anyone, any- convoy of trucks coming south with or Bangladesh, and they are going to time, anywhere. That was fine. War- millions of bushels of Canadian grain, hire 14-year-old kids and pay them 14 torn Europe was trying to restore coming into a country that already has cents an hour; they are going to work itself, and we were dealing with weak too much grain, and the result is prices them 14 hours a day, and they are competitors. That is not true anymore. are collapsed. And at the same time going to make that product dirt cheap Now we have shrewd, tough inter- those convoys of trucks and railroad so they can increase their corporate national competitors, and the fact is cars with millions of bushels of Cana- profits; they are going to ship that our trade policy is still half foreign dian grain are coming into our coun- product to Philadelphia, Los Angeles, policy and our negotiators and our try, trading unfairly, incidentally, at Pittsburgh, or Fargo, and you, Mr. and trade agencies don’t seem to give a the same time that happens, try to Mrs. Producer, compete with them, go whit about either negotiating good bring a Beanie Baby in, and they stop ahead, compete with them. Is that fair agreements or enforcing the agree- you at the border and say, oh, no, you trade? Absolutely not. ments we have. can only bring one—one. You only get Or how about saying to a mom and That brings me to the issue of Can- one Beanie Baby to come across the pop operation in this country that is ada especially. While our farmers face border. S10258 CONGRESSIONAL RECORD — SENATE September 11, 1998 So we are willing to stand up for percent for 4 years now. Inflation has stituency, the money center banks. cloth dolls filled with beans but not for not gone up, it has gone down. But this But there is no reason, given the eco- family farmers whose lives, whose eco- is good news for the economy. The un- nomic circumstances in our country nomic lives are threatened, who are employment rate continues to be down. today, for them not to put interest going out of business in record num- The Consumer Price Index has gone rates where they belong, given the cur- bers, going out of business so fast that way down too. The core rate with re- rent rate of inflation, and that would they have had to call auctioneers in spect to the CPI is 2.2 for the last 12 augur not for an interest rate increase my State out of retirement to handle months ending in July. on September 29, but a cut. the auction sales. Finally, the real Federal Funds Rate, Here are the folks. Here are their Am I upset about this? Yes. I am that is the short-term interest rate, ad- names. You could put them in a barrel upset because I am a part of a system justed for inflation, that the Federal and shake them all up and you would here that anticipates that those in the Reserve Board sets, is 3.9 percent, the still have a gray suit, somebody with system will do what they are supposed highest it’s been in nine years. When an economics background, no one from to do, and I am especially upset with inflation is way down here and the Fed- my part of the country, and no one who the U.S. trade ambassador’s office. It is eral Funds Rate, the real interest rate, has ever fixed anything or built any- not new. I have been upset with them is up here, you ask the question: Why? thing. for years. But there is a new energy at Let me see if I can answer that ques- In fact, we have a vacancy now, and this point because they are sitting on tion and give just a bit of advice to the I said I would like my Uncle Joe to be their hands doing essentially nothing Federal Reserve Board. considered for that. My Uncle Joe while our farmers are going out of busi- The Federal Reserve Board is doing doesn’t have any particular skills that ness. And there is a real and abiding its best imitation of petrified wood. It would suggest him for the job, but he problem that all of us understand that is not a tough imitation for them. All used to fix generators and alternators, they refuse to take action to deal with you have to do is look at the Federal so he has run a business and worked it. Reserve Board and it resembles the with his hands. He fixes things. Nobody I will revisit this subject next week, Petrified Forest. In fact, what I would here represents producers. Nobody on early next week on the floor of the like to do is, just for those who might the Federal Reserve Board has an un- Senate and have more to say about the be watching or those who might be in- derstanding, in my judgment, about USTR with some specifics, and also terested, I would like to show them the the productive side of our economy. about Canada. Federal Reserve Board’s Governors and My Uncle Joe is not going be seri- But I wanted to make the point regional bank presidents, because they ously considered, I suppose. But what today, once again, that as part of the don’t get enough attention. we will probably find is this adminis- response to the farm crisis that I asked Here is who they are, here is where tration, like all others, will find some- Senator LOTT about today, we must they are educated, largely their experi- body who looks just like this, same deal with strengthening prices. We ence, and this is how much money they color suit, Ph.D. in economics. Cer- must deal with an indemnity program make. This is who sets interest rate tainly nobody from the Upper Midwest that Senator CONRAD and I got passed. policy in this country; interest rate where they have been farming or their But we must also deal with the trade policy which now has short-term rates folks have run a small business or any- component, because we can’t continue too high and therefore the prime rate thing like that. to try to find a way to deal with and other interest rates is too high. I guess the point I wanted to make strengthening prices and finding new Jerry Jasinowski, President of the today is, as we head towards Septem- markets overseas for our grain prod- National Association of Manufacturers, ber 29, all of the evidence suggests that ucts and then have a flood or an ava- says: we ought to be seeing a cut in interest lanche of grain coming through our Interest rates are a dangerous drag on the rates. I should confess that I actually back door, unfairly traded into our economy in view of the fact that 1/3 of the used to teach economics a bit in col- country. world is in a recession. lege. I have been able to overcome that That is not fair to farmers. They He calls on the Fed to cut interest and lead a reasonably productive life. ought to expect more. I certainly ex- rates. All I ask from the Federal Reserve pect more. And the President ought to Dr. Sung Won Sohn, Norwest Cor- Board is to look at this from the stand- expect more from the U.S. Trade Am- poration: point of this country’s long-term eco- bassador’s office, and as I said, I will If the Fed were to cut interest rates today, nomic health and the economic facts have more to say about that early next it would help ease the farm crisis, which has that are now self-evident. week. become critical because of low commodity There is nothing that could persuade f prices, bad weather, crop disease, and so on. a couple of these people, as I under- James Glassman—I don’t quote him stand they still believe that we ought THE FEDERAL RESERVE BOARD very often, but James Glassman says: to have higher interest rates except Mr. DORGAN. Mr. President, let [Interest] rates are not really as low as that they must represent some narrow briefly turn to one additional subject. they seem. After adjusting for inflation, self-interest for the money center That is the question of interest rates long-term rates are high, and short-term banks. Certainly most of them ought and the Federal Reserve Board. I want rates are even higher. . . . The longer the to be able to look at the facts and un- to talk about this because it also af- Fed waits (to cut rates), the closer a serious derstand we need—and this country de- fects farmers—not just farmers, but all slowdown, or recession, becomes. serves and our economy requires—a producers and all Americans. There is a Mr. President, the Federal Reserve lowering of Federal Funds rate and lot of discussion these days about what Board’s Open Market Committee will therefore a lowering of the prime and is happening to the economy in our meet on September 29. Two of these other interest rates that represents country. We have plenty of challenges. folks still probably think that interest where we ought to be, given the histor- But it is also hard to miss some good rates ought to be increased, despite the ical interest rates and declining infla- news. The unemployment rate has gone fact that our economy is slowing down tion. way down. And the Federal Reserve and the real interest rates are far too Mr. President, I understand that Board, as most of us will recall, said: high now. It might serve the money when you come down and are even ob- Now be careful, because if the unem- centers’ bankers’ interests. It certainly liquely critical of the Federal Reserve ployment rate ever falls below 6 per- does not serve the interests of the pro- Board, it is like taking on the last cent there is a natural rate here below ducers in this country. And there has American dinosaur. I regret that I do which we will get new waves of infla- been, for 200 years in this country, a that. But it is the last part, the last in- tion; go below 6 percent, the Fed said, tension between those who produce and stitution that remains impervious to and we are going to have inflation those who finance production. At this the broader public interest. Some problems. point, with this crowd, it tilts in favor think that the Fed is a hero for what- Of course, the Fed was dead wrong. of those who believe it might be in the ever has happened in our economy. I We have had unemployment below 6 interests of the Fed to serve their con- don’t happen to view it that way. I September 11, 1998 CONGRESSIONAL RECORD — SENATE S10259 think they view themselves as a set of va to chair an international panel of This was a great man, a person who human brake pads, and they keep their the World Health Organization, which had unlimited potential. It is hard to foot on the brake—and good for them. is working to promote the prevention understand why a life like this—indeed Except that what we have now is a of premature death through early diag- lives like all the others on that plane— need to put interest rates back where nosis of genetic cholesterol abnormali- were snuffed out. The fact of the mat- they ought to be for producers and ties. ter is that, believing in a life hereafter farmers and others, given the fact that Dr. Williams was the founder and di- and believing that there is a God who overall inflation is down at 1.7 percent rector of the University of Utah’s Car- rewards people for the works that they over the last twelve months and only diovascular Genetics Research Clinic, do on this Earth, I have no doubt that 1.5 percent since the beginning of this which fosters collaborative investiga- Roger Williams will be with our Father year. tions involving numerous fields of med- in Heaven as one of his chosen people. Today’s announcement was that the icine. It is my prayer all the passengers on Producer Price Index for finished good He was the author of more than 200 flight 111 will be as well. in August fell 0.4 percent. This means professional publications and a fre- I personally express my gratitude that producer prices have fallen 1.6 per- quent chair of National Institutes of and appreciation for what Roger Wil- cent over the past twenty months. All Health advisory committees. liams has meant to this country, what these numbers augur very hard for the But what I remember most about Dr. he has meant to the University of Federal Reserve Board to do something Williams was his abundant spirit, his Utah, what he has meant to our State, that some suggest they are not pre- tremendous enthusiasm for life and for and what he has meant to so many pared to do. I ask Fed Chairman Green- his work, an exuberance that was vir- other persons. tually impossible not to get caught up span and others to see if they can’t do f what some people now don’t expect in. I can recall many occasions when he U.S. FOREIGN OIL CONSUMPTION them to do, but do the right thing: On visited my office to educate, cajole— FOR WEEK ENDING SEPTEMBER September 29, we reduce those interest and even plead—for an enhanced Fed- 4TH rates. eral commitment to research on the Several of us in Congress are consid- Mr. HELMS. Mr. President, the genetic basis of familial cholesterol ering offering at least a sense-of-the- American Petroleum Institute has re- problems. ported that for the week ending Sep- Congress resolution to send a message In fact, earlier this year, Dr. Wil- tember 4 that the U.S. imported to the Fed. Who knows whether it will liams’ and I began work to design a 8,549,000 barrels of oil each day, 998,000 get through the door there, but at least program leading to the diagnosis and barrels a day more than the 7,551,000 send a message to say here is what we treatment of the unmet needs of many imported during the same week a year think. Interest rates have a significant thousands of persons with strong famil- ago. impact on virtually every family in ial predisposition to preventable early America, on every producer, business Americans relied on foreign oil for deaths. 57.2 percent of their needs last week. and farmer in this country. And my It is ironic that Dr. Williams’ promis- There are no signs that the upward spi- hope is that at the end of this month, ing research was so abruptly halted by ral will abate. Before the Persian Gulf given the uncertainty we face in the his own premature death. world, given the numbers from the last Mr. President, I am grateful for these War, the United States imported about quarter here in this country showing a opportunities to have worked with 45 percent of its oil supply from foreign slowing of our economy, and given the such a fine man, a man who did so countries. During the Arab oil embargo historical low rate of inflation and the much for our State, our country, and in the 1970s, foreign oil accounted for fact that we are now overpaying be- indeed, the world at large. only 35 percent of America’s oil supply. cause of the Federal Funds Rate, the Dr. Roger Williams will truly be All Americans should ponder the eco- Federal Reserve Board will finally do missed—not only because of his con- nomic calamity certain to occur in the the right thing. tributions to science and medicine, U.S. if and when foreign producers shut Mr. President, I yield the floor. which brought him international ac- off our supply—or double the already The PRESIDING OFFICER. The Sen- claim—but also because he was simply enormous cost of imported oil flowing ator from Utah. a good, decent man who always wanted into the U.S.: now 8,549,000 barrels a f to be fair. day at a cost of approximately $100,963,690 a day. TRIBUTE TO DR. ROGER WILLIAMS It is hard to forget a statement made by his son last week that captured the f Mr. HATCH. Mr. President, I rise true essence of Roger Williams. THE VERY BAD DEBT BOXSCORE today in tribute to a great Utah man of Tom Williams remarked that his fa- science, Dr. Roger R. Williams, whose ther was known to say ‘‘If you wouldn’t Mr. HELMS. Mr. President, at the life came to a tragic end last Wednes- do it for the guy on the bottom, you close of business yesterday, Thursday, day in the horrific crash of Swissair can’t do it for the guy on the top.’’ September 10, 1998, the federal debt Flight 111. I think we can all learn a valuable stood at $5,545,657,954,586.91 (Five tril- Tomorrow, Dr. Williams’ remarkable lesson from the life and work of Roger lion, five hundred forty-five billion, six life will be celebrated at a memorial Williams, a man who always lived his hundred fifty-seven million, nine hun- service in Salt Lake City. life with the highest possible integrity dred fifty-four thousand, five hundred In the wake of this solemn occasion, and kindness, a man who regarded his eighty-six dollars and ninety-one I ask that my colleagues pause for a happy marriage and seven children as cents). few moments in remembrance of those his most important accomplishment One year ago, September 10, 1997, the husbands and wives, sons and daugh- and responsibility. federal debt stood at $5,410,105,000,000 ters, brothers and sisters who perished Dr. Williams’ passage is a tremen- (Five trillion, four hundred ten billion, in this terrible crash. dous loss to the State of Utah, the one hundred five million). (Moment of silence.) world of medical research, and to all Five years ago, September 10, 1993, Like Dr. Williams, each had abun- those who knew him and knew him the federal debt stood at dant potential which was so unfairly well. $4,384,113,000,000 (Four trillion, three cut short. My heart goes out to his wife Linda, hundred eight-four billion, one hundred Dr. Roger Williams was known to his children, and to his extended thirteen million). throughout the world, not only as a family, including his colleagues, during Twenty-five years ago, September 10, distinguished professor of internal what I know is a most difficult time. 1973, the federal debt stood at medicine at the University of Utah, but They will all be in our thoughts and $459,532,000,000 (Four hundred fifty-nine also as a leading expert in the field of prayers. billion, five hundred thirty-two mil- cardiovascular genetics. We know that they will be blessed be- lion) which reflects a debt increase of In fact, at the time of his death, our cause of the lives that they live as more than $5 trillion— Utah scientist was on his way to Gene- well. $5,545,657,954,586.91 (Five trillion, five S10260 CONGRESSIONAL RECORD — SENATE September 11, 1998 hundred forty-five billion, six hundred have been five raises in the minimum power of the minimum wage for work- fifty-seven million, nine hundred fifty- wage since 1955. Raising the minimum ing families will still be lower than it four thousand, five hundred eighty-six wage has been supported by Repub- was for a period of some 20, 23 years dollars and ninety-one cents) during licans and Democrats, Republican from 1960s all the way through the the past 25 years. Presidents, Democratic Presidents. It early 1980s. So even with this increase, I yield the floor and suggest the ab- has by and large been a bipartisan ef- it is extremely modest, Mr. President, sence of a quorum. fort over the recent years. extremely moderate—it still does not The PRESIDING OFFICER. The The principal cautions in raising the bring us back to the purchasing power clerk will call the roll. minimum wage have been, would the that the minimum wage has had for The assistant legislative clerk pro- raising of the minimum wage result in the better part of our postwar period. ceeded to call the roll. an increase in the rates of inflation But, nonetheless, it is important Mr. KENNEDY. Mr. President, I ask which would work to the detriment of progress for families. unanimous consent that the order for other workers in our society, and All you have to do is ask any family the quorum call be rescinded. would it contribute to increasing un- what a difference it makes for a 50-cent The PRESIDING OFFICER. Without employment in our society and, in that or a $1 increase in the minimum wage. objection, it is so ordered. respect, have a disadvantaging impact They will answer very quickly, ‘‘It Mr. KENNEDY. Mr. President, I yield on the various people we are trying to means that we’ll have to have two jobs myself 25 minutes. help? instead of three jobs.’’ That will be The PRESIDING OFFICER. The Sen- Those are powerful economic issues. their first answer. And secondly, an in- ator from Massachusetts. And they ought to be considered at any crease of $1 in the minimum wage will f particular time. And we are glad to mean the purchase of groceries for THE MINIMUM WAGE consider those issues at this time as we probably 6 months of a year. It will are advancing the cause of workers in mean the rent for a working-poor fam- Mr. KENNEDY. Mr. President, ear- our society, workers who have not ben- ily of about 7 months of a year. It will lier today the majority leader pro- efited from this extraordinary prosper- be about two-thirds the cost of the tui- pounded the unanimous consent re- ity which we as Americans have seen tion for a son or a daughter, of a work- quest relevant to the bankruptcy legis- over the period of the last 6 years, the ing family earning the minimum wage, lation. In that proposition, he had indi- greatest economic growth, the greatest to attend a public university in their cated that the first amendment to be price stability, the lowest unemploy- State. This is very important to those considered to the bankruptcy bill ment, the lowest rates of inflation. The at the lower end of the economic lad- would be the amendment which I will economy, with all of the ups and downs der. That is basically the historical sit- offer with a number of our colleagues of the stock market, is extremely uation, Mr. President. on behalf of the Americans who are at strong, and it has been strong, and it It is fair to ask ourselves now, what the bottom two rungs of the economic continues to be strong. has happened in the rates of inflation? ladder, those who are making the mini- Nonetheless, we have seen that over Let us take a look at inflation and the mum wage in our Nation. the period of recent years the purchas- minimum wage. Many say, ‘‘If we in- It is an amendment to increase the ing power of those at the lower level of crease the minimum wage, we’re going minimum wage by 50 cents in January the economic ladder has deteriorated to see a bump in the rate of inflation.’’ of next year and another 50-cent in- significantly. And what we are at- Well, if we look at what happens to the crease the following year. The total in- tempting to do is to say to our fellow minimum wage—and in this particular crease would be a $1 increase in the Americans, as we as a nation move chart here we go from 1996 all the way minimum wage. We will have an oppor- ahead in terms of the economic pros- up to 1998—we look at what is happen- tunity to debate that issue on Tuesday perity, that we want all of our fellow ing to the rate of inflation. morning, with a vote on that sometime citizens to move along together. It is Prior to the rise in the minimum around the noon hour. At that time, not asking very much to have a 50 cent wage, which was in October 1996, the the membership will express itself on increase in the minimum wage or $1 rate of inflation per month was three- whether we are going to reward work over a period of the next 2 years. That tenths of 1 percent. Then we raised the in the United States of America, is the issue, Mr. President, that will be minimum wage to $4.75. And if you whether we are going to say that our squarely before this body on Tuesday look at this chart here, you will find fellow Americans who are at the lower next and where we will have an oppor- that it continued along virtually the end of the economic ladder, who have tunity to vote on it. same three-tenths of 1 percent. It lost more than any other group in our Mr. President, as we have on other dropped down here in the wintertime, society in terms of their purchasing occasions, I think it is fair to look at it rose again in the early spring, power over the period of these last where the minimum wage is today and dropped again, and then settled into a years, whether they are going to be where it has been. The inclusions in significant drop. If you are talking of able to have a very, very modest in- our amendment, are they really rea- three-tenths of 1 percent per month to crease of $1 over the period of the next sonable given the current economic two-tenths of 1 percent, you are talk- year and a half to 2 years to their conditions? We maintain they are ex- ing about a significant drop in the rate wages. tremely reasonable. of inflation, even with the last increase Mr. President, there are a number of On this chart here, the real minimum in the minimum wage. Then it rose an- reasons for this increase. I think the wage reflects where the purchasing other 50 cents in 1997. And the inflation most compelling one is the reason that power of the minimum wage in real rate was two-tenths of 1 percent. those of us in this country have a sense dollars is—in real dollars from 1995, Look what has happened since that of common purpose, have a sense of 1998, and beyond. last raise to $5.15. It went along for a community, have a sense of caring If you look at this end of the chart, period of time, dropped, bounced up, about our neighbors and those who are Mr. President, you will see 1997, 1998; and is now down to one-tenth of 1 per- fellow citizens. That has been a and you will see where my pen is, that cent. strength of our Nation ever since its at this point here we are talking about Mr. President, the clear signal from earliest days. a $1 increase from $5.15 to what would this chart is that the last increase in We also put a strong emphasis and a be $6.15, with the increase in the mini- the minimum wage virtually had no strong quality on the issue of working. mum wage in real dollars. By the year impact on the rate of inflation. And if What we are saying is that those who 2000, it will only amount to $5.76 in real we are to look at the history of these are going to work 40 hours a week, 52 dollars. last several years, we will see that the weeks of the year, should no longer live If you go across this line, Mr. Presi- rate of inflation has actually gone in poverty. That has been the reason dent, going back through the 1960s all down. It is not a valid point to say that for the minimum wage in the first the way through the 1970s, you will see if we try to do something to raise the place, following the Great Depression even with this kind of increase in the minimum wage, it is going to add to in- and over a long period of time. There minimum wage of $1, the purchasing flation. September 11, 1998 CONGRESSIONAL RECORD — SENATE S10261 Now, if we look at what the impact is are strongly supportive. The leaders of Family and Children’s Service, Minneapo- on unemployment, this is a second ar- the various women’s and children’s or- lis, MN. gument. If we raise the minimum wage, ganizations are strongly supportive. Family Service America. Farmworkers Support Committee, it is going to have an adverse impact The various civil rights organizations, Glassboro, NJ. on inflation and it is going to increase knowing the importance of this in Federally Employed Women, Inc. unemployment. Again, if we go back to terms of the individuals, are strongly Foorida Impact, Tallahassee, FL. October 1996 where we saw an increase supportive. Food Research & Action Center. in the minimum wage, we had 5.2 per- I ask unanimous consent to have Friends Committee on National Legisla- cent unemployment, a little bump, and printed in the RECORD a list of the var- tion. Friends of the Earth. then a gradual decline through Sep- ious groups and organizations that are Friends of the National Hook-up of Black tember 1997, when the last increase in in support of this legislation. Women, Inc., Chicago, IL. the minimum wage went to $5.15. Since There being no objection, the mate- Gray Panthers. that last increase in September of 1997, rial was ordered to be printed in the Greater New York Labor-Religion Coali- up until August of 1998, we have seen a RECORD, as follows: tion, New York, NY. Growing Up in Cities, Frankfort, KY. continuing reduction of the unemploy- CAMPAIGN FOR A FAIR MINIMUM WAGE— Heartland Center/Office of Peace & Social ment, down at the present time to 4.5, PARTICIPANTS1 Justice, Diocese of Gary, Indiana. 4.4 percent. It has not added to infla- A. Philip Randolph Institute. Institute for Mission in the USA, Evan- tion. It has not added or contributed to ACORN. gelical Lutheran Church in America, Church unemployment. Those two economic AFL–CIO. & Labor Concerns, Saint Paul, MN. arguments do not stand. Alliance To End Childhood Lead Poisoning. Institute for Mission in the USA, Evan- If we look at the impact on our teens, American Association of University gelical Lutheran Church in America, Trinity the arguments are made, ‘‘Senator, we Women. Lutheran Seminary, Columbus, OH. American Ethical Union, Washington Ethi- are concerned about what the impact is Institute for Southern Studies, Durham, cal Action Office. NC. going to be on teen unemployment and American Federation of Government Em- Institute Justice Team, Sisters of Mercy of particularly among the minorities.’’ ployees (AFGE). the Americas, Des Plaines, IL. The fact is, about 20 to 25 percent of all American Federation of State, County and Interfaith Alliance. those who receive the minimum wage Municipal Employees (AFSCME). Interfaith Committee on Worker Issues, are teenagers. Most of the teenagers in American Friends Service Committee. Detroit, MI. my State who are receiving the mini- American Friends Service committee, IPS/Progressive Challenge. Philadelphia, PA. Jewish Council for Public Affairs, New mum wage are out there their first American Income Life Insurance Co. York, NY. year in college trying to make ends American Nurses Association. Jewish Labor Committee, New York, NY. meet. American-Arab Anti-Discrimination Com- Jobs with Justice. Travel with me to the University of mittee. Justice and Peace Office Archdiocese of Se- Massachusetts in Boston at the cam- Americans for Democratic Action (ADA). attle, Seattle, WA. pus. Mr. President, many of the chil- Arkansas Jobs With Justice, Religion- Labor Council for Latin American Ad- dren who go to that excellent school Labor Committee, Hampton, AR. vancement. Asian American Legal Defense and Edu- Latino Workers Center, New York, NY. are from families where the parents cation Fund, New York, NY. League for Industrial Democracy. never went to the school. And much of Asian Pacific American Labor Alliance. Mennonite Central Committee, U.S.. the student body is working 25 hours a Asian Pacific American Legal Center of Migrant Legal Action Program. week or more. These are teenagers. Southern California, Los Angeles, CA. Mississippi Hunger Task Force, Jackson, These are many of the children who are Association of Catholic Colleges and Uni- MS. trying to gain sufficient income to versities. Mon Valley Unemployed Committee, Homestead, PA. fund their education. We should think Black Women’s Agenda, Inc., Springfield, VA. NAACP. it is a worthwhile and valuable endeav- Bread for the World. National Association of Commissions for or in trying to support kids who are Campaign for America’s Future. Women. trying to go to school and stay in Catholic Charities USA. National Association of Community Action school, many of whom are coming from Catholic Charities Archdiocese of Louis- Agencies. difficult and complex backgrounds. ville, Louisville, KY. National Association of Social Workers. National Association of Social Workers, Nonetheless, they go on. Catholic Charities, Oklahoma City, OK. Catholics for a Free Choice. Connecticut Chapter, Rocky Hill, CT. Take the minorities. In this case, the National Association of Social Workers, black teen unemployment—we can go Center for the Child Care Workforce. Center for Community Change. North Carolina Chapter. through any of the various groups in Center for Economic Options, Inc., Charles- National Association of Working Women (9 terms of unemployment—and what we ton, WV. to 5) Milwaukee, WI. see again is the increase in the mini- Center for Law and Social Policy. National Black Child Development Insti- mum wage, the continued decline in Center for Women Policy Studies. tute. Children’s Defense Fund. National Caucus and Center on Black terms of unemployment of black teen- Aged, Inc. agers and minority teenagers. This Church Women United. Clearinghouse on Women’s Issues. National Coalition for the Homeless. chart is just a reflection of the same Coal Employment Project, Tazewell, VA. National Committee on Pay Equity. trend. We see that the total number of Coalition for Economic Justice of Western National Conference of Puerto Rican employment in terms of teenagers 16 to New York, Buffalo, NY. Women, Inc. 19, with the increase in the minimum Coalition of Black Trade Unionists. National Consumers League. Coalition of Labor Union Women (CLUW). National Council of Churches. wage, these are the individuals who National Council of Jewish Women. find the employment going up. Increase Coalition on Human Needs. Communications Workers of America National Council of La Raza. in the minimum wage based upon National Council of Negro Women. (CWA). National Council of Senior Citizens. sound economic principles, and we see CWA, Local 6310, St. Louis, Mo. National Council on Family Relations, that there has not been an adverse im- Community Food Resource Center, Inc. Minneapolis, MN. pact on the issues of employment or in- The Congress of National Black Churches, National Education Association (NEA). Inc. flation. National Farmers Union. Democratic Socialists of America. Now, I think it is worthwhile to ask National Hispana Leadership Institute. Disabled in Action, New York, NY. who is really for this increase in the National Low Income Housing Coalition. minimum wage. Mr. President, 170 or- East 10th United Methodist Church, Indi- National Partnership for Women & Fami- ganizations—170 organizations—rep- anapolis, IN. lies. Ella Baker Center for Human Rights, San National Puerto Rican Coalition. resenting not just workers. The AFL- Francisco, CA. CIO, even though their workers are all National Rural Housing Coalition. The Episcopal Church. National Urban Coalition. receiving far above the minimum wage, Faith Community For Worker Justice, National Urban League. is certainly interested because of re- Wauwatosa, WI. National Women’s Conference Committee, spect for the value of work. The prin- Women’s Studies, University of Wisconsin, cipal church groups and church leaders 1 Coalition in formation (August 27, 1998). Eau Claire, WI. S10262 CONGRESSIONAL RECORD — SENATE September 11, 1998 National Women’s Law Center. Women Strike for Peace. those who take care of those children National Women’s Political Caucus. Women Unlimited, Augusta, ME. are child care workers. Those child Nebraskans for Peace, Lincoln, NE. Women Work! care workers, by and large, are receiv- Neighbor to Neighbor. Workers Organizing Committee, Portland, ing the minimum wage. Network: A National Catholic Social Jus- OR. One of the reasons you have the great tice Lobby. Workplace Project, Hempstead, NY. Nontraditional Employment for Women, YWCA of the National Capital Area. turnover is because they can’t make it. Rather than having the child care New York, NY. Mr. KENNEDY. Mr. President, I want North Texas Jobs with Justice, Dallas, TX. workers who stay with your children NOW Legal Defense and Education Fund. to take a few moments, now that we throughout the year and interact with Nurses Professional Organization UNA/ have the statistics behind us and we them and help and assist them getting AFSCME, Louisville, KY. have dealt with the economic issues. If a decent, livable wage, we have this Office of Justice and Peace, Jacksonville, there are those who have differing eco- very considerable turnover. The study FL. nomic indicators, we welcome them. found that centers paying higher than Older Women’s League (OWL). Present those so we will have a chance average salaries had lower turnover Oregon Food Bank, Portland, OR. to debate. But we have not heard from Peace and Justice Committee of the Con- rates than centers paying less. gregation of the Sisters of Divine Providence them as we have been making this case We find that true in the Head Start of Kentucky, Melbourne, KY. in the past weeks and past months, programs, as well. We care about chil- Philadelphia Unemployment Project, even the past year, about the impor- dren. We care about fairness and we Philadephia, PA. tance of this increase. We haven’t care about child care workers. We need Phoenix Interfaith Committee For Worker heard those arguments made. to do something about a minimum Justice, Scottsdale, AZ. Let me indicate to this body who we wage. Project South: Institution for the Elimi- are really talking about, because I These are workers like Kimberly nation of Poverty and Genocide, Atlanta, think it is important that we realize Frazier, a child care aide from Phila- GA. delphia. Kimberly works full time and Project South: Institution for the Elimi- who these individuals are who are the nation of Poverty and Genocide, Washington, recipients of the minimum wage. Mr. earns $5.20 an hour. She is a single DC. President, 33 percent of those who ben- mother with three children and has Quaker Committee on Kentucky Legisla- efit from this increase are in service worked at the same center since 1992. tion, Frankfort, KY. occupations, including home health Kimberly says her salary barely cov- Rainbow/Push Coalition. care workers. These are workers like ers her bills—rent of $250 a month, Religion and Labor Council of Kansas City, Cathy Adams, a home health aide from food, utilities, clothing for three grow- Kansas City, MO. ing children, and carfare to get her Retail, Wholesale and Department Store Viola, IL. Cathy is a high school grad- uate, who is currently enrolled in a daughter and herself to the child care Union, (RWDSU), Alabama & Midsouth center. She told our forum: Council, Birmingham, AL. computer training program at the local Of course, there is never money for a vaca- Sakhi for South Asian Women, New York, community college. She lives with her tion for my children or me. I go without new NY. two daughters, who are 10 and 11. clothes for myself because I have to keep Service Employees International Union 1 Cathy works 11 ⁄2 hours a day, 5 days buying new sneakers for my children, they (SEIU). a week. She cares for a woman with outgrow them so fast. I can’t afford a car and SEIU Local 100, New Orleans, LA. multiple sclerosis. She bathes her, pay for gas and insurance so I rely on public Social Democrats USA. transportation. If I had a car, I could get out Southern Christian Leadership Conference dresses her, and feeds her. She does the grocery shopping, the laundry, and the to the places where there are better paying (SCLC), Altanta, GA. jobs. And, like all Americans, I dream of Southern Regional Council, Atlanta, GA. cleaning. She runs errands and sched- buying my own house so that I can raise my Stakeholder Alliance. ules doctor appointments. kids in a neighborhood that has less crime Tampa United Methodist Centers, Tampa, Cathy likes her job and is fond of her and more trees. But I know that, although I FL. client, but she finds it hard to live on work and study as hard as I can, I will never Texas Mental Health Consumers, Austin, $5.30 an hour. In March, she told a min- have the down payment for a house earning TX. the minimum wage. Union of American Hebrew Congregations/ imum wage forum: Religious Action Center. I literally live paycheck to paycheck. She concluded, Union of Needletrades, Industrial, and Tex- After paying the bills, whatever is left over A dollar an hour probably doesn’t sound tile Employees (UNITE). goes to groceries. I have $9 in my savings ac- like a lot to many people, but to me and my Unitarian Universalist Association of Con- count and worry about being able to save for children it would mean a real improvement gregations. my girls’ education. We rarely have money in our lives. Unitarian Universalists for a Just Eco- to go to a movie or eat out at a restaurant. Many minimum wage workers are nomic Community, Pittsburgh, PA. The other day, my girls asked me to take janitors, cleaning offices in buildings Unitarian Universalist Service Committee. them ice skating at school. While it only across the country. They are people UNITE Local 116, McComb, MS. costs $10, I had to think twice about whether like Valerie Bell. Valerie works as a UNITE Local 551, Como, MS. we could afford it. Most of the clothing I buy custodian at the Baltimore City World for my kids and for myself comes from yard United Automobile Workers (UAW). Trade Center. Since 1995, that building UAW Local 2324, Boston, MA. sales and secondhand stores. United Church of Christ, Cleveland, OH. has been covered by Baltimore’s Living This is a minimum wage worker, Wage Ordinance, which requires city United Church of Christ, Office for Church someone who will be affected by our in Society. contractors to pay $6.10 an hour. That’s United Food and Commercial Workers amendment. higher than the federal minimum, but International Union (UFCW). A second group, is child care work- still lower than the level that I have United Methodist Board of Church and So- ers. According to ‘‘Worthy Work, proposed. ciety. Unlivable Wages,’’ a recent study by According to Valerie Bell, the living United Mine Workers (UMW). the Center for Child Care Workforce, in wage means dignity for workers and United Paperworkers International Union 1997, the average wage for a teaching their families. As she puts it, ‘‘under (UPIU), Nashville, TN. assistant in child care centers ranged the living wage, we no longer have to United States Catholic Conference. from $6 to $7 an hour. This is less than United Steelworkers of America. receive food stamps or other social U.S. Jesuit Conference. the 1998 poverty level for a family of services to supplement our incomes. Washington Association of Churches, Se- three—$13,650. Turnover among these We can fix up our homes and invest in attle, WA. assistants is high, 40 percent. our neighborhoods. We can spend more Washington City Church of the Brethren. We talk about what we care about in at the local grocery store. We can pos- Western MassCOSH, Springfield, MA. terms of our children. One of the most sibly work two jobs rather than three Western Pennsylvania Living Wage Cam- important aspects of the child’s life is low wage jobs and spend more time paign, Pittsburgh, PA. what is happening to them in their with our families. Our utilities won’t Wider Opportunities for Women. Wisconsin Committee on Occupational home, primarily, but also what hap- be cut off. We can pay the medical bills Safety and Health (WisCOSH), Milwaukee, pens to them when they are in some we accumulated from not having bene- WI. kind of child care setting, in a Head fits in these jobs. The best welfare re- Women Employed, Chicago, IL. Start child care setting. So many of form is a living wage job.’’ September 11, 1998 CONGRESSIONAL RECORD — SENATE S10263 Nationwide, most security screeners percent of households receiving emer- laterally determined that an employ- at airports earn the minimum wage. gency food aid earned under $15,500 a ee’s interest in organizing co-workers These workers screen passenger lug- year, and 67 percent of the households would interfere with her ability to do gage, operate metal detectors and work earned less than $10,000 a year. the job, the employer could refuse to x-ray machines. They are responsible According to a U.S. Conference of hire her. If an employer rightly or for the safety of millions of passengers Mayors study, requests for emergency wrongly decided that an employee and thousands of airplanes entering food aid increased 86 percent in the cit- might work together with colleagues and leaving airports around the coun- ies survey. And 67 percent of the cities to change conditions on the job, the try—yet they earn the minimum wage. cited low-paying jobs as one of the employer could discharge or discipline These are workers like Melvin Ware, main causes of hunger. These aren’t the employee. a customs carousel handler at the Los only just for the parents, these are for Many may remember the movie Angeles Airport. He takes home about the children. This is not a Member of ‘‘Norma Rae,’’ starring Sally Field. In $317 every two weeks. ‘‘By the time you Congress that is saying it, these are that film, Norma Rae decided she had pay rent and utilities, you’re broke,’’ the mayors of the country saying what had enough of the abusive practices in he said. ‘‘There’s no life after work.’’ is happening out across the Nation, her factory, so she worked with a labor Raquel Littlejohn screens passenger which is that individuals can’t make it union to organize her co-workers so luggage, and spends much of her day at with this kind of an income, and there they could stand up to these abuses to- a computer terminal. This strains her is something that we can do. gether. But under this bill, Norma Rae eyes but, with take-home pay of under We are facing many complex prob- could be fired. $400 every two weeks, she can’t afford lems here in the United States Con- This bill would make mind-reading a to get them checked. A sympathetic gress and Senate. We have faced many protected right under the National L.A. Councilwoman said, ‘‘I don’t think of them. But one that we can impact Labor Relations Act. It would let em- it’s good that the person who is doing and one that we should impact is try- ployers deny work to employees based such an important job has to be worry- ing to make sure that people who work on a perception that they might try to ing about trying to get to the next one will not be in poverty for themselves organize a union. That perception is because the security job doesn’t pay a and their children. We hear a lot about most likely to come from the employ- living wage.’’ American values in our country, about ee’s membership in a union. In effect, Eighteen percent of today’s work- what is important and what is unim- this bill would institutionalize the force is employed in the retail indus- portant. The newspapers are filled with blacklist. That is unacceptable. try—that’s 22.5 million workers. Many that. Well, this is something that is Let us be clear what types of activity are paid the minimum wage. important. are protected under the labor laws, and These are people like Cordelia Brad- I welcome the fact that President what kinds of conduct would be left ley of Philadelphia. She works at a Clinton has been a strong supporter of open for employer retaliation under clothing chain just outside Philadel- this particular issue. So we will have this bill. Section 7 of the National phia. She is the mother of one son, and an opportunity, Mr. President, to come Labor Relations Act protects employ- she earns $5.15 an hour. back and visit this issue. Nothing, I be- ees’ rights to organize, bargain collec- She told our minimum wage forum in lieve—and I have had a chance to vote tively, and engage in other concerted March that: and participate on many different activities for mutual aid or protection. I am currently living in a rented room for issues over 37 years in the U.S. Sen- If this bill became law, an employer which I pay $300 a month. I would like to ate—there is no single issue that is could refuse to hire an employee based have my own apartment but I cannot afford more defined in terms of fairness than on a fear that she might band together one. In addition to paying my rent, I pay for the issue of the minimum wage. Noth- with co-workers to push for an on-the- food, clothing and transportation. . . . If the ing. Just in terms of fairness, are we minimum wage was higher I would be able to job child care center. The employer going to be fair to working people in save up for my own apartment for me and could claim that this activity was un- our country and in our society? Are we my son. . . . I ask you to reward the people dertaken in furtherance of an organiza- going to be fair against the background who go to work by raising up the minimum tion other than the employer, be it a wage. Things are very rough for people, not and history of Republicans and Demo- union or a women’s rights organiza- just people on welfare. There are many peo- crats that were fair? tion. Therefore, the workers’ conduct ple like me who go to work every day and We are going to be asked next Tues- would not be protected, and the em- cannot afford to live. Please do the right day whether this body will be fair. We ployer could discriminate or discharge thing. will have a chance then to speak to at will. Then there are laundry workers, and that issue. Under this bill, a firm could fire Afri- the list goes on. These are the individ- f uals whose lives would be impacted by can-American workers who together the increase in the minimum wage. We THE TRUTH IN EMPLOYMENT ACT sought Martin Luther King’s birthday are talking about a dollar—a dollar an Mr. KENNEDY. Mr. President, last as a holiday. Once again, the employer hour. We are talking probably $2,000 night my Republican colleagues filed could argue that the workers were act- over the course of a year. That’s not cloture on the so-called Truth in Em- ing in furtherance of a civil rights two-thirds as much as the increase ployment Act. Supporters of this de- group’s goals, and therefore were not that every Member of the U.S. Senate ceptively-titled bill claim that it is de- protected by the National Labor Rela- received in this Congress—two-thirds signed to bar a union organizing tech- tions Act. as much as we have received in this nique known as ‘‘salting.’’ Under that Under this bill, a company could Congress. We are being asked whether technique, union supporters seek a job deny jobs to employees it believed we are going to try to give those indi- at a non-union shop with the intention might try to persuade others to sup- viduals some relief, some help, some of persuading co-workers to join the port a political campaign, or get in- assistance, as we have in the best days union. volved in a community group, or con- of our past, to say that these individ- I oppose this legislation, and I urge tribute to a church or synagogue. And, uals could and should be able to have my colleagues to oppose cloture. I be- a firm could refuse to hire workers be- an impact. lieve that salting, like other types of cause they might join a union, or per- Nationwide, the soup kitchens, food organizing activity, should be pro- suade others to do so. pantries and homeless shelters are in- tected by the labor laws. Most of us would agree that discrimi- creasingly serving the working poor, Under the bill, employers could make nation on the basis of race, or religion, not just the unemployed. According to employment decisions based on their or gender, or political belief—and a recent study by Second Harvest, the subjective view of an employee’s moti- many of us would also put sexual ori- nationwide networks of food banks, in vation. If an employer believed that a entation on that list—is unacceptable 1997, 39 percent of households seeking person was likely to try to organize a in this society. The right to self-ex- emergency food aid had at least one union, the employer would be free not pression on these important issues member who was working. Eighty-six to hire that person. If an employer uni- flows from the First Amendment, and S10264 CONGRESSIONAL RECORD — SENATE September 11, 1998 has been protected by decades-old fed- ers have many tools available today to simple to understand: It is not that the eral laws. The National Labor Rela- address the concerns that supposedly crops have low prices but, rather, that tions Act places an employee’s right to motivate this bill. they have no crops. They have no crops organize and bargain collectively on an Finally, I note that many of this leg- because of the drought conditions that equal footing with these other rights, islation’s proponents are also strong have caused an economic, agricultural, and so it should. supporters of the so-called TEAM Act. farming disaster. This bill would effectively repeal TEAM Act supporters claim that bill is While the reasons for the problems that right. It leaves employees in an necessary in order to promote em- for the farmers are quite different, the intolerable position. ployee participation in the workplace. results are the same. Whether you are In 1995, the National Labor Relations The present bill would permit employ- a farmer in the northern part of the Board ordered nearly 7,500 workers re- ers to refuse to hire workers who band United States who can’t get enough instated. Those workers had been fired together in order to participate in the money for your crop to justify your unlawfully for union activity. Over workplace. cost of production, or whether you are 26,000 workers discharged for unioniz- It is ironic that supporters claim to a farmer in my State of Louisiana, ing were awarded back pay. On aver- favor employee participation in the which has no crop because of the ex- age, workers waited four years from one context, but seek to squelch it in treme drought that has ravaged my the date of the unlawful discharge be- the other. The common thread appears State, the end result of the farmer and fore being awarded any relief. And, the to be employer domination. Participa- the family farm is the same; it is loss Dunlop Commission on the Future of tion is seen as desirable only if employ- of income; it is loss of the ability to Worker-Management Relations found ers can control the ‘‘team,’’ and work- continue as a family farm. What hap- in 1994 that union supporters were un- er-controlled groups such as unions can pens to a family farm affects not only lawfully fired in one out of every four be prohibited. that family farm but it affects the union election campaigns. This legislation poses a significant community that they live in. When These figures demonstrate that threat to employee rights that have farmers suffer economic loss, the en- workers who become active supporters been fundamental to our industrial de- tire State suffers as well. of a union after they are hired run a mocracy for over 60 years. Because the What I want to mention is the sever- substantial risk of being fired. Under bill is dangerous as well as unneces- ity of the problem in my State, which this bill, if the employer thinks an em- sary, I must oppose it. is not unlike many other States. We ployee might become active in a union, I yield the floor. just recently had the Louisiana State that worker never gets the job in the Mr. BREAUX addressed the Chair. University Agricultural Economic De- first place. This is not progress. In- The PRESIDING OFFICER. The Sen- partment review the losses that my stead, it takes us back to the days ator from Louisiana. farmers in Louisiana have faced. Their when employees could be required to Mr. BREAUX. Mr. President, thank report as of August 14 is truly astound- sign ‘‘yellow dog contracts,’’ promising you. ing. The total State reduction in farm never to join the union, in order to be f income for the following crops is as fol- hired. THE FARM CRISIS lows: The Supreme Court has emphatically For the corn crop, it is over $64 mil- rejected this approach. In 1995, the Mr. BREAUX. Mr. President, I will lion of loss; Court unanimously ruled that union not take a long time. I know the hour For cotton, it is over $50 million of supporters are employees protected by is late. But there are still very impor- loss; the National Labor Relations Act when tant issues that I think Congress needs For just soybeans, it is over $72 mil- they apply for a job. In the Town & to pay attention to and to address. I lion; Country decision, the Court dismissed know that all of the news in Washing- For rice, it is over $14 million; the employer’s claim that union orga- ton today has been generally about the For sugar, it is nearly $45 million; nizers are inherently untrustworthy problems of the President. While I un- For sorghum, it is over $4 million. because they owe their primary loyalty derstand that, it is also very impor- The total crop loss they are estimat- to the union. But that is precisely the tant, I think, for all of us to realize ing is $254 million. premise underlying this bill. that we cannot pretend to be ostriches Sweet potatoes, over $8 million; Current law gives employers many and stick our heads in the sand, and Commercial vegetables, almost $4 ways to advance their legitimate inter- not face other very serious problems million; ests in an efficient and productive that many of our constituents are fac- The pine seedlings for forest repro- workforce—without undermining em- ing around this country. duction is estimated at $10 million; ployees’ rights to engage in concerted I would like to bring to my col- Pasture, $90 million; activity. For example, an employer can leagues’ attention the very serious ag- Hay, almost $25 million. establish a policy barring its employ- ricultural disasters that exist as we The current estimated total as of Au- ees from all outside employment. The stand here in Washington today gust 14 was over $390 million. Sixth Circuit Court of Appeals held throughout a large portion of the agri- When you factor in the problems just a few months ago that such a pol- cultural belt in the United States of with some of the diseases that are icy can be applied against union orga- America. It is a serious problem. We being experienced—aflatoxin, for in- nizers, so long as it is also applied neu- cannot allow the problems of the mo- stance—you have to look at about $420 trally to all other types of employ- ment to distract us from very impor- million. This is just in one State. ment. tant duties that we have, as legisla- So the loss is truly devastating. Workers who neglect their job duties tors, to do everything within our power These are real problems. These fam- in order to organize other workers can to try to help solve the problems of ily farm problems affect not only the be disciplined or discharged. The America’s farmers. family farmers, as severe as that is, Fourth Circuit Court of Appeals has It is really interesting, because while but they affect the economy, the com- held that it is lawful for an employer the farmers are having problems munity, and the people who sell the to fire employees who fail to carry out throughout the United States, there harvesting equipment, the tractors and their duties because they are trying to are different reasons for the disasters combines; the people who sell the seed organize. which I would like to point out. and the fertilizers; the people who sell Employers can lawfully discipline In the northern and many of the shoes and clothes and food in town. If employees who fail to do the job they western parts of the country—the the farmers do not earn a living, they were hired to do, or disrupt the em- northwestern part of our United cannot buy the other products; the im- ployer’s operations, or engage in un- States—the problems in agriculture are plement dealer and the car dealer, all lawful conduct. Employers can file very simple—they have very low prices suffer. It has a ripple effect throughout charges with the National Labor Rela- for their products—while in the South, the United States of America. tions Board, or even the police, if the in the Southwest, and in my State of The problems in the North—as I said, conduct is criminal. In short, employ- Louisiana, the problem is also very because of low prices, because of cheap September 11, 1998 CONGRESSIONAL RECORD — SENATE S10265 imports being dumped from Canada, lem; it is a natural disaster problem. need and creating an economic climate because of the overall depressed econ- So what we are trying to do is provide whereby through hard work and indus- omy in many parts of Asia and Europe, some assistance. trial spirit they can produce and be and particularly in the South, in addi- Some have suggested increasing the profitable. If something happens not tion to low prices on the crops, we have loan levels, the artificial target prices, related to anything they have done no crops. removing the caps on those programs that causes an economic disaster, I So the question is now not the extent to allow for a higher loan rate in order think we in Government have an obli- of the problem. We know that. The to give more assistance to farmers. gation to participate in finding some question is now, What do we do? That is a good thing to do. But in my solution to that problem. That is why, I just think it is interesting. When area, it does not really help because hopefully, in the coming week we will we have a hurricane, tornado, or earth- my farmers don’t have a crop to put in be able to join forces, Republicans and quake, there is always a rush to pro- the Federal loan program. So in the Democrats, and say, look, no one here vide economic assistance. There is al- South where you have no crop, we sup- caused the problem but, by golly, we ways on the nightly news when some- port what we are trying to do for our had better work together in order to one is visiting a hurricane-ravaged northern farmers. It is very important solve it; otherwise, we will not have area or area that has been hurt by a and I think it is the right thing to do. done our duty. I certainly want to par- tornado, a reaching out to the people. But in the southern portion of the ticipate in that effort and plan to be United States where there is no crop at When you have the earthquake, it is very actively involved. all and they have not been able to ben- the same result. Somehow it seems like Just this week we had a very good efit from the program, we are suggest- it is different with the farmers because meeting with the Secretary of Agri- ing direct financial assistance. It would I think it is so gradual. If you have an culture, Dan Glickman. The Secretary go to farmers who do not have their earthquake, it happens, it is over, the understands the nature of the problem. losses covered by any other type of pro- people come in, they leave, and they He understands the severity of it. He gram. If someone has crop insurance, have made an expression of their con- also understands that many of the pro- well, they may be helped a little bit. cern. But when it is an economic disas- grams we have on the books simply are ter over a longer period of time, it is And the amount of help they get under the Crop Insurance Program should not not enough to address the problems harder to have people focus on the se- that we are experiencing this year, and verity of the problem. allow them to double dip, but crop in- surance is not going to cover their en- he has pledged his cooperation to try I think that is what is true in the ag- to come up with something that can ricultural disaster that we are now ex- tire losses. So that part of their loss which is not covered by some insurance provide the type of direct financial as- periencing in my State. But the loss is sistance that is certainly needed in my just as severe, the hurt is just as se- program should be clearly eligible for direct financial assistance. And for State of Louisiana. I look forward to vere. When you have to sell the family accomplishing that in the coming farm and move, and you can’t pay your many of our farmers, they can’t even afford crop insurance and so they have weeks. bills, you are hurting just as much as nothing. So their losses should be also Mr. President, that concludes my re- someone who has lost a family home covered, obviously, by any type of di- marks. because of a tornado, earthquake, or rect financial assistance to try to help I yield the floor. hurricane, or some other natural disas- them survive. f ter. It is strictly a question of this one- The question now is, What do we do? time aid to help them survive until the ADJOURNMENT UNTIL 11 A.M. It is clear, in my opinion, that the cur- next year so they can still be around to MONDAY, SEPTEMBER 14, 1998 rent agricultural programs that are de- plant and grow the crops that help feed The PRESIDING OFFICER. Under signed to address assistance are too bu- most, if not all, of America and much the previous order, the Senate stands reaucratic. of the rest of the world. adjourned until 11 a.m. Monday, Sep- They do not work. They are out- Some will say, well, Senator, this is dated. They need something else to be tember 14. going to be expensive. Where is it going Thereupon, the Senate, at 2:44 p.m. helpful. What I mean by that is, for in- to come from? Well, No. 1, because of stance, with the loan program, emer- adjourned until Monday, September 14, the good economic conditions, I think 1998, at 11 a.m. gency loans, the Government tells a because of many of the things we have f farmer, well, you have to get turned been able to do in the Congress, fortu- down by three lending institutions in nately, the economy of the country is NOMINATIONS your local area and then you can come good in other areas, and, fortunately, Executive nominations received by to the Government and get some finan- we do not have a Federal deficit which the Senate September 11, 1998: cial assistance in terms of a Federal we used to have—we now have a Fed- loan. If you could get the local loan, eral surplus and we have had estimates DEPARTMENT OF STATE you would not need the Federal loan. of $50-, $60-, $75 billion just in this CRAIG GORDON DUNKERLY, OF MASSACHUSETTS, A CA- But somehow you have to show that REER MEMBER OF THE SENIOR FOREIGN SERVICE, year—why not look at this disaster as CLASS OF MINISTER-COUNSELOR, FOR THE RANK OF AM- you could not get the local loan, but an emergency, and if you have a sur- BASSADOR DURING HIS TENURE OF SERVICE AS SPECIAL ENVOY FOR CONVENTIONAL FORCES IN EUROPE. that if you get the Federal loan you plus in the Federal budget, let’s con- can pay it back. If you could pay back sider using that surplus to address a IN THE NAVY the Federal loan, you could have paid THE FOLLOWING NAMED OFFICERS FOR TEMPORARY real economic disaster which has huge APPOINTMENT TO THE GRADE INDICATED IN THE U.S. back the local loan and you would not consequences if we do not do something NAVY UNDER TITLE 10, U.S.C., SECTION 5721: have had any need for help at the Fed- to help out family farms. To be lieutenant commander eral level in the first place. Some say, well, we should use the DANIEL AVENANCIO, 1110 THOMAS KISS, 7429 Those programs, well intended as surplus for a tax cut. There is certainly PHILIP J. BECKMAN, 3133 JOHN M. KUBERA, 5180 they are, are simply too bureaucratic room for a tax cut. I think if it is the JEFFERY J. BERNASCONI, MICHAEL LEHMAN, 5705 and do not work in providing real as- 6431 OLIVER T. LEWIS, 7331 right type of tax cut and is helpful to STEPHEN J. BOHN, 8840 KENNETH S. LONG, 6866 sistance to millions of American farm- the people who need help, we should CURTIS L. BROWN, 0980 RONALD LUNT, 9274 JAMES S. CAMPBELL, 7648 RICHARD MALONEY, 8411 ers. move in that direction. Should we use MICHAEL R. COUGHLIN, 3925 MICHAEL G. MC LOSKEY, MICHAEL L. CROCKETT, 9220 What we are working on is to try to it for saving Social Security? Yes. Cer- 9283 JAMES E. CROSLEY, 2164 MARK F. MILLER, 5152 present a package, and this should be tainly, that is a higher priority. But LARRY DEATON, 4753 ELMER M. NAVARRO, 4922 bipartisan. Republicans did not cause should we also use some of it to help ALAN D. DORRBECKER, 8921 RANDELL DYKES, 0213 ALBERT G. ONLEY, 2432 the problem and Democrats did not save family farms that are facing an BRIAN P. ECKERLE, 4396 ENRIQUE N. PANLILIO, 9002 cause the problem, but the truth is we economic disaster beyond their con- PIERRE A. FULLER, 9424 BRIAN M. REED, 4630 NICOLAS GERACE, 6218 ANGUS P. REGIER, 0225 are going to have to work together to trol? They had absolutely nothing to MICHAEL E. GOCHENOUR, JOHN F. RINKO, 9623 solve the problem. If we do not work do with it. The answer is yes. 9594 STEVEN F. SMITH, 9946 DOUGLAS V. GORDON, 6334 DANIEL SPAGONE, 1311 together, chances are it is not going to This is what Government is all CHRISTOPHER JACOBSEN, JEFFREY SULLIVAN, 1307 get solved. This is not a political prob- about, trying to help those who are in 7291 JAMES S. TALBERT, 6196 S10266 CONGRESSIONAL RECORD — SENATE September 11, 1998

VINH X. TRAN, 5774 TIMOTH R. WEBER, 9523 WILLIAM E. CARLSON, 2766 DONALD C. DEAN, 5691 CHRISTOPHER F. BRIAN C. GRIMM, 0739 DEAN VESLEY, 0573 CARL B. WEICKSEL, 0058 CAMERON P. CARNEY, 8302 KARL D. DEANS, 6822 FITZGERALD, 1003 PAUL F. GRONEMEYER, 3045 DONALD W. CARR, JR., 8912 LARRY T. DEATON, 4753 CHRISTOPHER M. WESLEY R. GUINN, 2557 IN THE NAVY TIMOTHY D. CARR, 4188 JEFFREY E. DEBOLT, 0437 FITZGERALD, 2587 JOHN E. GUMBLETON, 3017 CLINTON A. CARROLL, 8611 STEVEN M. DEBUS, 1808 JAMES R. FITZGERALD, 1482 CARLOS S. GUZMAN, 7316 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JOHN A. CARTER, 8137 LEOPOLDO F. WILLIAM FITZGERALD, 0277 DAVID W. HAAS, 3250 TO THE GRADE INDICATED IN THE UNITED STATES NAVY MICHAEL P. CASEY, 4560 DECARDENAS, 7516 MICHELLE A. FLAHERTY, JAMES M. HAAS, 9362 UNDER TITLE 10, U.S.C., SECTION 624: BRUCE D. CASPERS, 9913 PATRICK R. DECK, 0943 3975 PAUL C. HAEBLER, 2345 To be lieutenant commander PEDRO A. CASTAING, 7283 CHARLES J. DEGILIO, 6944 DAVID L. FLAKE, 2656 MARK L. HAGENLOCHER, PETER R. CATALANO, 0629 ANDREW W. DELEY, 6545 HEIDI A. FLEMING, 7159 0037 KARLA M. ABREUOLSON, WILLIE D. BILLINGSLEA, GREGORY C. CAVANAUGH, CHRISTOPHER H. DELLOS, CHRISTOPHER J. KEVIN T. HAGENSTAD, 3304 3897 4876 4956 8874 FLETCHER, 3138 JEFFREY W. HAKALA, 9405 CHAD F. ACEY, 4207 JOHN G. BISCHERI, 7064 JAMES B. CAWRSE, 9166 JAMES E. DEMOTT, 8807 DAVID K. FLICK, 3605 ROBERT A. HALL, JR., 6311 GREGORY A. ACHORS, 0027 JAMES A. BISHOP, 7621 DOUGLAS J. CAWTHRA, 1916 CHRISTOPHER J. DENNIS, EDWARD A. FLINT, 4590 TIMOTHY L. HALL, 0502 BRIAN S. ADAMS, 6813 JOHN H. BITTING III, 8537 ROBERT J. CEPEK, 6932 5720 RONALD A. FLORENCE, 8203 PATRICK M. HALLER, 7520 ROBERT G. ADAMS III, 2444 RICK L. BLACK, 1406 RICHARD CERWINSKI, 2395 RONALD M. DENNIS, 9080 ROBERT L. FLOYD, 1197 DAVID R. HALLSTROM, 4592 WILLIS R. AGEE, 5113 RANDY B. BLACKMON, 6305 MICHAEL D. CHALFANT, MARK R. DESAI, 5186 G.T. FOGGIN IV, 1874 WILLIAM K. HALVERSON, JAMES A. AIKEN, 3538 ANTHONY R. JR., 3989 ANTHONY T. DESMET, 3960 THOMAS D. FOHR, 5783 2639 KACY W. AINSWORTH, 0379 BLANKENSHIP, 2051 JOHN W. CHANDLER, 7637 DOUGLAS F. DESROCHERS, RICHARD A. FOLEY, 2860 THOMAS G. HALVORSON, ANGELA D. ALBERGOTTIE, CHRISTOPHER M. ELEFTHERIOS CHAPAS, 5477 9738 WAYNE K. FONG, 9581 3241 9549 BLASCHUM, 5697 PHILIP S. CHAPMAN, 6759 DANA S. DEWEY, 3930 JAMES J. FONTANELLA, MARK A. HAMMARGREN, CHARLES N. ALBRECHT, KIMBERLY S. BLOOD, 9959 BRYAN E. CHEESEMAN, 1973 STEVEN L. DIAL, 4023 5445 0327 8060 CARLTON R. BLOUNT, 0447 RICHARD J. CHEESEMAN, KENNETH F. DIANOVICH, DURANTE A. FOOTMAN, 0297 RICHARD D. HAMMETT, 2361 CONRADO K. ALEJO, 8696 JAMES L. BOCK, JR., 5576 9499 0567 BRIAN P. FORT, 0147 TERRENCE E. HAMMOND, WILLIAM T. ALEX, 3704 WILLIAM A. BOGGS, 3604 DANIEL L. CHEEVER, 3913 DWIGHT D. DICK, 4553 BRETT C. FOSTER, 5387 2856 RANDY E. ALEXANDER, 3002 KURT F. BOHLMANN, 5208 JOHN D. CHERRY, 5741 JAMES H. DICKERSON, 8050 SHELLIE FOUNTAIN, JR., MICHAEL C. HANNAY, 1670 TIMOTHY S. ALEXANDER, JUDY T. BOLDUC, 9593 BYRON G. CHEW, 0288 DUKE E. DIETZ, 6405 1624 ERIC J. HANNUM, 5080 7192 BRIAN D. BOLUYT, 3621 JOHN W. CHEWNING, 0665 ERIC S. DIETZ, 8294 TONY L. FOX, 9657 LAURENCE E. HANSEN, 9644 THOMAS R. ALLBEE, 3434 BRETT F. BONIFAY, 1215 CHRISTOPHER W. CHOPE, JAY F. DILL, 8139 CHARLES R. FRALICK, 0519 TIMOTHY W. HANSEN, 8496 DAVID W. ALLDRIDGE, 8598 GISELE M. BONITZ, 7182 3297 ROBERT D. DILLMAN II, 6144 FREDERICK M. FRANCE, RONALD J. HANSON, 1920 CLAUDE A. ALLEN, 7451 DEBORAH L. BOOTH, 1591 CHRISTIAN E. KEVIN L. DIPPERY, 1640 JR., 1056 CORLYNN G. HARALDSON, JAMES C. ALLEN, 7546 DAVID C. BORAH, 8862 CHRISTENSON, 7690 DON E. DIZON, 5980 BARBARA L. FRANKLIN, 1757 EDGARDO G. ALMINAR, 2015 STEVEN C. BORAZ, 0145 BRIAN K. CHRISTIANSON, THAD J. DOBBERT, 7672 9424 PAUL T. HARASTY, 3291 RANDY P. AMATO, 2258 ERICH W. BORGSTEDE, 8949 5070 RICHARD E. DODSON, JR., JOSEPH P. FRANSON, JR., MICHAEL S. HARBER, 5489 THOMAS R. AMBLAD, 8683 BRIAN K. BORING, 9338 STEVEN J. CINCOTTA, 5375 6791 2307 MICHAEL V. HARBER, 3785 CHARLES R. AMBROSE, 4945 ERIC E. BORIO, 2174 TIMOTHY M. CIOCCO, 8511 JOSEPH F. DONNELLY, 5128 TYLER L. FRAUTSCHI, 4771 DONALD R. HARDER, 4443 MARK S. ANDERSEN, 9531 JAIME BORREGO, 6216 JOSE L. CISNEROS, 4229 MICHAEL P. DONNELLY, 3485 ANTHONY W. FRAZIER, 3795 RANDALL C. HARDY, 0372 CRAIG A. ANDERSON, 0701 DAVID W. BOUVE, 1671 KEVIN M. CLAFFY, 4403 JOHN M. DONOVAN, 5187 BRIAN W. FRAZIER, 4099 ROGER D. HARDY, 4178 MARK A. ANDERSON, 0766 MARK D. BOWMAN, 9141 ANTHONY J. CLAPP, 4467 MICHAEL P. DORAN, 0358 BRENT S. FREEMAN, 2037 DANIEL P. HARMON, 1943 NICHOLAS M. ANDERSON, LISA M. BOZZELLI, 6743 CRAIG A. CLAPPERTON, 9028 GEORGE E. DORTCH, 3275 MARTIN V. FRENCH, 6042 GREGORY M. HARRIS, 4414 4662 MORDAUNT P. BRABNER, BRYAN L. CLARK, 4429 FRANK J. DOWD, 8031 RICHARD A. FREY, 0622 JOHN H. HARRIS III, 5775 PAUL B. ANDERSON, 2528 8857 ROBERT E. CLARK, 1972 RONALD E. DRAKER, 5807 LEONARD M. FRIDDLE, 9984 KRISTA HARRIS, 6997 VINCENT D. ANDERSON, 1276 LAWRENCE J. BRACHFELD, ROBERT T. CLARK, 7939 PAUL T. DRUGGAN, 7043 STEPHEN W. FROELICH, 4386 KENNETH E. HARRISON, 0017 ALLAN D. ANDREW, 2725 8676 ORIN B. CLAY, 5620 CHRISTOPHER D. DRYDEN, ROBERT B. FRYER, 2308 TERRY M. HART, 8364 DOMINIC A. ANTONELLI, RAYMOND L. BRADLEY III, DAVID D. CLEMENT, JR., 7171 KIMBERLY L. FUCHS, 7066 JEFFREY A. HARTER, 6158 2607 5975 2435 SHAWN E. DUANE, 4292 ROBERTO L. FUENTES, 5096 STEVEN W. HARTSEL, 9680 TANYA L. ANTONIUK, 8464 ALBERT A. BRADY, 5315 JAMES CLUXTON, 4512 SHAWN P. DUFFY, 6491 ANN M. FUHRING, 2558 CARRIE A. HASBROUCK, 7935 BRUCE A. APGAR, 4024 RANDY L. BRATCHER, 2972 KIMBERLY D. COBB, 3157 ROBERT B. DUMONT III, 6642 MICHAEL S. FULGHAM, 8559 ROGER W. HAWKES, 3235 JOSE P. ARAGON, 5228 JEFFREY S. BRATVOLD, 2603 WESLEY P. COCHRAN, 1323 GREGORY D. DUNNE, 9199 PATRICK C. FULGHAM, 8734 THOMAS H. HAWLEY, 1128 CHRISTOPER J. ARENDS, ERNEST B. BRAZ, 1580 JOHN S. COFFEY, 5823 DOUGLAS D. DUPLAYEE, ROBERT D. FULLER, 4680 BRUCE W. HAY, JR., 1411 7466 WILLIAM J. BREITFELDER, PHILIP A. COGHLAN, 6856 5399 SEAN P. FULLER, 5088 JOHN G. HAYBURN, 7621 DANIEL D. ARENSMEYER, 1029 CHRISTOPHER J. COHOES, LOUIS J. DURSO, JR., 6876 ALAN D. FULLERTON, 1614 MITCHELL R. HAYES, 2266 7872 KEVIN S. BRENNAN, 0149 3623 MICHAEL D. DURST, 7960 FREDERICK E. GAGHAN, JEFFREY K. HAYHURST, RAYMOND A. ART, 4310 MICHAEL J. BRENNAN, 5065 MATTHEW J. COLBURN, 4749 DANIEL P. DUSEK, 5112 JR., 1793 6322 SCOTT W. ASKINS, 4568 RICHARD F. BRERETON, 7203 CHRISTOPHER H. COLEMAN, ROBERT E. DVORAK, 5907 THOMAS D. GAJEWSKI, 9683 THOMAS W. HEATTER, 9612 CAL D. ASTRIN, 9264 MICHAEL J. BRESLAUER, 9774 RICHARD H. DWIGHT, 4186 MARIA K. GALBRAITH, 5969 ANNE E. HEINER, 4821 RUSSELL B. AUSLEY, 9339 7504 JOHN P. COLES, 4657 JOHN T. DYE, JR., 9690 BRYAN F. GAMBLE, 3601 SCOTT D. HELLER, 2024 PAUL K. AVERNA, 4500 CECIL C. BRIDGES, 9412 BRENDAN W. COLLINS, 7506 RANDELL W. DYKES, 0213 HARRY L. GANTEAUME, 4815 ALLEN R. HELMS, JR., 6427 RICHARD AYALA, 8706 DANIEL M. FRANKLIN L. COLLINS, 4575 CRAIG P. EARLS, 7188 EDWARD G. GANUN, 7356 CHARLES S. HENDERSON, CATHALENE M. BRINTZINGHOFFER, 1707 FRANKLIN S. COLLINS, 8233 PATRICK T. EASTER, JR., MICHAEL C. GARD, 4761 0147 BABINEAUX, 9871 CHARLES C. BROCK, 2890 SCOTT W. COLSON, 9070 5895 DENNIS J. GARTH, 6499 EDWIN M. HENDERSON, 9926 OCTAVIO O. BABUCA, 2506 STEVEN V. BROCK, 2961 CLAYTON L. CONLEY, 1021 THOMAS A. EBERHARD, 0831 DERRICK E. GARVIN, 5226 SHAWN P. HENDRICKS, 4065 GEORGE M. BAIN, 5279 DONALD B. BROCKETT, 4308 DESMOND M. CONNOLLY, JOHN P. ECKARDT, 8188 PETER A. GARVIN, 1814 ZACHARY S. HENRY, 3604 JEFFREY S. BAKER, 5416 BARRY D. BROCKWAY, 9159 1856 BRIAN P. ECKERLE, 4396 RODNEY D. GATELEY, 3055 TODD L. HENSON, 4800 REGINALD BAKER, 9799 MICHAEL A. BROOKES, 1632 BRIAN D. CONNON, 4274 ROBERT K. ECKLES III, 9639 GREGORY P. GEISEN, 0539 SCOTT C. HERBENER, 5943 STUART P. BAKER, 7874 RYAN K. BROOKHART, 5258 DANIEL B. CONRAN, JR., 2953 JAMES R. ECKLOFF, 7880 JOSEPH E. GELARDI, 8863 CHARLES J. HERBERT, 8067 BARRY BAKOS, 7576 WILLIAM J. BROUGHAM, BLAKE L. CONVERSE, 4188 JULIAN D. EDGE III, 2982 NICOLAS J. GERACE, 6218 GARY M. HERBERT, 3287 NICHOLAS BALICE, 5418 6568 DENNIS A. COOK, 1466 WILLIAM W. EDGE, 8400 SHELDON GERINGER, 0994 CHRISTOPHER J. HERMAN, JAY C. BALLARD, 1675 CURTIS L. BROWN, 0980 GLENN C. COOPER, 9967 MARCIA R. EDMISTON, 7547 DILIP B. GHATE, 4103 1410 MICHAEL A. BALLOU, 3358 DONALD S. BROWN, 5727 WILLIAM S. COOPER, 0266 DOUGLAS L. EDSON, 1888 PAUL A. GHYZEL, 4018 JOHN W. HERMAN, 4602 JOHN S. BANIGAN, 8436 JAMES H. BROWN, 8316 CHARLES R. CORDON, 5317 HENRY B. EDWARDS III, 6621 GREGORY J. GIBSON, 6868 MATTHEW HERMSTEDT, MICHAEL P. BARATTA, 2706 KING E. BROWN, 3673 EUGENE D. COSTELLO, 8377 JASON C. EHRET, 7684 JAMES F. GIBSON, JR., 6457 3739 CARLOS M. BARBOSA, 8260 RICHARD S. BROWN, 3710 MATTHEW F. COUGHLIN, JEFFREY T. ELDER, 2572 JEFFREY T. GIBSON, 6175 ANDREW A. HERNANDEZ, ERIC T. BARKDULL, 2917 THOMAS P. BROWNE, 6474 2585 KENNETH F. ELKERN JR., HELENA A. GILBERT, 1724 7125 CHARLES A. BARKER, 2316 GARY M. BRUCE, 2077 MICHAEL C. COUSINS, 3817 9381 JASON A. GILBERT, 2735 EDMUND B. HERNANDEZ, GLENN A. BARKER, 2264 JOHN S. BRUCE, 1956 MICHAEL J. COX, 2977 RICHARD A. ELKINS, 7476 CHARLES W. GILL, 4897 3579 TRACY A. BARKHIMER, 6113 DAN W. BRUNE, 0907 WILLIAM W. COX, 4377 GERALD L. ELLIOTT, II, 6947 MICHAEL W. GILL, 3385 PATRICK D. HERRING, 2348 CHRISTOPHER K. BARNES, CHRISTOPHER W. GREGORY J. COZAD, 3010 GEOFFREY T. ELLSWORTH, PATRICIA A. GILL, 8176 EDWARD L. HERRINGTON, 7487 BRUNETT, 2300 JAMES H. CRAFT, 6770 6316 JEFFREY W. GILLETTE, 9264 6209 USHER L. BARNUM., JR, 3240 MARK R. BRUNNER, 7101 JOHN R. CRAIG, 6692 WILLIAM M. EMMEL, 2340 CRAIG S. GIVENS, 9906 STEPHEN R. HERTEL, 4927 BENJAMIN K. BARRETT, 8070 ROBERT H. BUCKINGHAM, MARK H. CRAVER, 9378 JAMES A. EMMERT, 7176 DONALD J. GLATT, 2667 SCOTT M. HERZOG, 7988 GREGORY L. BARRINGER, 5896 KATHLEEN M. CREIGHTON, TRACEY L. EMSWILER, 1218 WILLIAM G. GNESDA, 3615 RANDAL A. HETRICK, 3213 5661 WILLIAM E. BUNN, 2421 3795 JUDY M. ENGLAND, 1063 VICTORIA L. GNIBUS, 1484 CHRISTOPHER E. HICKS, JAMES E. BARROWS, 7375 JAMES A. BURCH, 2933 ALLEN CRISP, 2931 DARREL W. ENGWELL, JR., MICHAEL E. GOCHENOUR, 7061 JEFFREY B. BARTA, 0929 NORA A. BURGHARDT, 8283 FLOYD R. CRISP II, 9832 2529 9594 JEFFREY D. HICKS, 0107 ROBERT B. BARTHELMES, ROBERT B. BURGIO, 8773 MICHAEL L. CROCKETT, 9220 DARREL E. ERICKSON, 1797 DAVID A. GOGGINS, 5210 CRAIG L. HIGGINS, 0486 JR., 8086 ERIK A. BURIAN, 5780 ROBERT A. CROWE, 1705 EMILSON, M. ESPIRITU, 4848 JOSEPH D. GOMBAS, 3312 GRANT R. HIGHLAND, 5527 ROBERT B. BASSETT, 2100 AMY D. BURIN, 1291 MICHAEL S. CRUDEN, 1275 ROMMEL M. ESTEVES, 6308 JAMES P. GOMPPER, 7340 RUDOLPH L. HIGHTOWER, MICKEY S. BATSON, 5421 CHRISTOPHER T. BURKETT, ALVARO F. CUELLAR, 5088 NEWMAN J. EVANS III, 5751 DAVID R. GONGRE, 6765 JR., 3666 JEFFREY R. BAY, 5509 4019 SHARON L. CUMMINS, 1354 DARRELL D. EVERHART, MARK R. GONZALES, 8602 ANDREW J. HILL, JR., 4316 KENNETH G. BECK, 8267 CLIFFORD A. BUSSEY, 2031 JOHN H. CUNNINGHAM, 4007 2307 JUAN C. GONZALEZ, 1807 JAMES A. HILL, 6952 WILLIAM G. BEDDIE, 6609 CHRISTINE D. BUSSLER, PAUL B. CUNNINGHAM, 2843 CALIN J. EVON, 7011 YVETTE M. GONZALEZ, 0043 MICHAEL D. HILL, 7220 MARK W. BEDDOES, 9865 3042 THOMAS CURRAN, 6780 WILLIAM L. EWALD, 2210 VANCE M. GOOCH, 1337 RONALD L. HILL, 1200 JAMES C. BEENE, 3078 DONALD A. BUZARD, 1406 REX L. CURTIN, 1973 FREDERICK L. FACYSON DAVID A. GOODMAN, 5033 STEVEN A. HILL, 3387 STEVEN T. BELDY, 4593 DAVID J. BYERS, 5296 DAWN E. CUTLER, 8177 1583 JEFF D. GOODMANSON, 0030 TIMOTHY S. HILL, 8468 ALAN E. BELL, 1035 GREGORY K. BYNUM, 9136 JOSEPH G. DACQUISTO, 2611 STEPHEN F. FAHEY, 9397 CURTIS J. GOODNIGHT, 6933 ANSEL L. HILLS, 7827 JOSEPH E. BELL, 1307 SHAN M. BYRNE, 0098 ROBIN A. Y. DAHLIN, 5165 ELIZABETH Y. FALK, 7479 BENJAMIN B. GOODWIN, 3341 RICHARD R. HIRASUNA, 2877 TODD A. BELTZ, 6646 LAWRENCE J. BYRNES, 3163 KNARVELL DAILEY, 5669 PETER R. FALK, 7416 BARBARA S. GORDON, 5130 LOREE D. HIRSCHMAN, 9483 JON G. BENAVENTE, 2921 ROBERT A. H. CADY, 7356 JAMES V. DANIELS, 8931 ANDREW L. FEINBERG, 2693 ANDREW M. GORZELA, 1875 TUNG HO, 3828 THOMAS R. BENDEL, 0999 LLOYD V. CAFRAN, 3306 JOHN D. DANNECKER, 9567 JOHN W. FELKNER, 1400 MICHAEL V. GOSHGARIAN, JASON V. HOFFMAN, 6380 RAYMOND J. BENEDICT, 9002 GARY L. CALDWELL, 8204 RANDY C. DARROW, 4167 GREGORY P. FERNANDEZ, 0524 MATTHEW B. HOGAN, 4130 AUGUSTUS P. BENNETT, TIMOTHY P. CALLAHAM, JOHN W. DATKA, 4823 1412 MICHAEL J. GOSKA, 0136 MICHAEL A. HOLLISTER, 8241 5849 DRUSO DAUBON, 6850 SCOTT W. FEVER, 6168 MATTHEW S. GRAEF, 4888 2383 JAMES H. BENTON, 4147 ROBERT A. CAMERON, 3042 REEVES A. DAVES, 2198 MICHAEL S. FEYEDELEM, JEFFREY C. GRAF, 2148 ERIC D. HOLMBERG, 3152 BRENT A. BERARDUCCI, 6215 JAMES J. CAMMARATA, 6872 PETER B. DAVI, 0982 2816 DANIEL P. GRANDADOS, 9663 MARION R. HOLMES, 4025 STEVEN BERGMAN, 1435 JAMES S. CAMPBELL, 7648 ANDREW DAVIS, 2052 PETER B. FIELD, 8235 STEPHEN L. GRANDONA, ALVIN HOLSEY, 9576 TODD J. BERHOW, 1613 KEVIN B. CAMPBELL, 0242 DUANE T. DAVIS, 4153 KORY R. FIERSTINE, 4740 5832 RANDALL J. HONCIK, 7860 MICHAEL D. BERNACCHI, MARVIN G. CAMPBELL, 8803 JACK E. DAVIS, 0103 WILLIAM C. FILAN, 4025 MICHAEL R. GRANT, 5594 JOHN M. HOOD, 6604 JR., 0393 FRANCIS J. CAMPION, 6447 JAMES P. DAVIS, 7739 STEPHEN M. FIMPLE, 8383 CHRISTOPHER E. GRAY, 4365 TODD A. HOOKS, 0755 PAUL R. BERNADO, 7436 RUBEN A. CANTU, 3458 KATHY L. DAVIS, 9315 CHRISTOPHER M. FINCH, OBRA L. GRAY, 2858 DOUGLAS P. HORNER, 9949 JOYCE M. BERNARD, 8341 GEORGE S. CAPEN, 3568 NORMAN D. DAWKINS, 7574 7832 RANDALL K. GREEN, 0734 CODY L. HORTON, 4615 MATTHEW T. BERTA, 5541 JOHN P. CARDANY, 2302 DAVID P. DAWSON, 4200 WILLIAM D. FINCH, 0337 WILLIAM C. GREENE, 9041 JAMES B. HOSKINS, 0280 WILLIAM R. BERTRAM, 3254 LESLIE T. CARDENAS, 7564 MICHAEL D. DAWSON, 3328 STEVEN C. FINCO, 8251 DONALD GRIFFIN, 4372 ELIZABETH S. HOSTETLER, THOMAS A. BEST, 4785 ANTONIO J. CARDOSO, 8232 PHILLIP E. DAWSON III, 6069 ROBERT J. FINK, 0026 DEMETRIES A. GRIMES, 6804 9806 MICHAEL P. BETTS, 1765 PATRICK C. CAREY, 4064 GARY L. DEAL, 9242 MICHAEL, P. FINNEGAN, JOSEPH W. GRIMES, JR., KENNETH M. HOUCK, 2941 BRUCE M. BICKNELL, 7587 STEVEN M. CARLISLE, 8270 STEVEN E. DEAL, 8010 5938 4514 TERJE M. HOUGEN, 2347 September 11, 1998 CONGRESSIONAL RECORD — SENATE S10267

WILLIAM J. HOUSTON, 8560 OLAV E. KJONO, 9836 TIMOTHY J. MARICLE, 0461 ROBERT K. MORRISON III, SEAN R. PRASSER, 9354 BRIAN M. SAUTER, 2943 LANE D. HOWARD, 3531 DAVID R. KLAIN, 8963 NATHANIEL R. MARLER, 1680 ALFRED B. PRICE, 4740 KATHLEEN M. SAYLOR, 9059 REGINALD M. HOWARD, 1767 JEFFREY S. KLEIN, 7026 8438 SCOTT D. MORRISSEY, 6790 KELLY D. PRICE, 0020 ELTON G. SAYWARD, JR., JAMES E. HOWE, JR., 1498 JOHN J. KLEIN, 7906 DEANNA G. MARR, 8830 PATRICK K. MORROW, 5136 THOMAS L. PRICE, 3291 6600 ANDREW G. HOWELL, 6255 JOSEPH G. KLEIN II, 1190 DOUGLAS A. MARSHALL, DAVID MOSELLA, 0681 GANDOLFO A. PRISINZANO, MICHAEL T. SCARRY, 6936 JOHN R. HOYT, 2907 MICHAEL T. KLEMICK, 0682 6654 RICHARD P. MOUNTAIN, 3401 0694 MARK W. SCHADT, 0885 PATRICK N. HUETE, 2264 CHRISTOPHER F. KLINE, HOWARD L. MARSHALL, SCOTT E. MULVANIA, 7587 MICHAEL L. PRITCHETT, JEFFREY L. SCHAFER, 7623 MICHAEL R. HUFF, 0496 1695 JR., 3975 THOMAS J. MUNRO, 8350 5866 CHRISTOPHER F. SCHAIER, JOSEPH W. HUFFAKER, 9292 CARL K. KLOTZSCHE, 5484 JEFFREY P. MARSHALL, KENNETH, H. MUNSON, 7492 SUZANNE PROSE, 3870 8302 GREGORY C. HUFFMAN, 4891 MICHAEL C. KNAPP, 5268 7447 CHRISTOPHER P. CHRISTOPHER W. PROVAN, CRAIG T. SCHAUPPNER, 8104 BENJAMIN L. HUGGINS, 1048 EDWARD W. KNELLER, 2993 SUSAN L. MARSHALL, 1838 MURDOCK, 8663 0539 DOUGLAS F. SCHERER, 9915 JAMES J. HUGHES, 0259 CHRISTOPHER J. KOCZUR, ERIK H. MARTIN, 0494 BRANDEE L. MURPHY, 6455 CHARLES PUCCIARIELLO, SANDRA J. SCHIAVO, 6396 STEPHEN R. HUGHES, 6138 2971 GREGG W. MARTIN, 0170 BRIAN P. MURPHY, 3862 2419 JEFFREY A. SCHMIDT, 7264 CHRISTOPHER L. HULL, 6958 JAMES F.KOELTZOW, 3931 JEFFREY B. MARTIN, 6602 JOHN C. MURRAY, 6378 TERRY W. PULLIAM, 0498 JEFFREY S. SCHMIDT, 8779 DONNA A. HULSE, 0625 BRYAN A. KONST, 1127 NATHAN H. MARTIN, 5351 JEFFREY S. MYERS, 1190 PAUL A. PUOPOLO, 3792 FRANCIS M. SCHNEKSER, JOHN W. HUMPHRIES, 8934 JOHN J. KOSINA, 3614 VINCENT R. MARTINEZ, 5088 ERIC V. NANARTOWICH, 3399 ERIC W. PURDY, 4232 0786 JOHN M. HUNCZAK, 4134 TODD R. KOUSKY, 7359 DARYL J. MARTIS, 5261 PATRICK T. NASH, 1628 TIMOTHY M. QUAST, 8194 DOUGLAS P. SCHOEN, 3274 MARK A. HUNT, 2779 GRANT T. KOWALCHICK, LANCE E. MASSEY, 9800 JOSEPH S. NAVRATIL, 5962 VINCENT J. QUIDACHAY, KELLY S. SCHOEN, 7302 WILLIAM A. HUNTOON, 4894 5616 KENNETH M. MASSON, 1729 JEFFREY K. NELSON, 2222 0860 TIMOTHY L. SCHORR, 1769 JERRY P. HUPP, 7200 WILLIAM S. KOYAMA, 6326 ERIC M. MATHIESEN, 8308 F. S. NESSLER, 6391 ANDREW C. QUIETT, 6074 MICHAEL C. SCHROEDER, BRIAN S. HURLEY, 1055 STEPHEN M. KOZLOWSKI, PETER W. MATISOO, 1107 JOHN R. NETTLETON, 0831 KEVIN J. QUINN, 0886 1933 WINNIE L. HUSKEY, 8740 9030 JOSEPH D. MAUSER, 9128 ROBERT S. NEVILLE, 3754 JORGE E. QUIROGA, JR., 5164 FRANK J. SCHULLER, JR., EDWARD C. HUTT, 5504 NEAL D. KRAFT, 0972 STEVEN P. MC ALEARNEY, PAUL NEVIUS, 0935 JOHN L. RADKA, 4147 0687 DEREK S. IKEHARA, 0605 ROBERT W. KRAFT, 8256 0268 ROBERT A. NEWSON, 3921 CHARLES E. RADOSTA, 2794 CHARLES L. SCHULTZ, 7751 JAMES A. R. IMANIAN, 1077 MELODY KRAGH, 4114 DAVID H. MC ALLISTER, 6220 ELTON A. NEWTON, 2922 LUIS RAMOS, 6338 BRIAN J. SCHWANDT, 2874 SCOTT D. IND, 2638 CARY J. H. KRAUSE, 1318 KEVIN C. MC ALLISTER, 3711 RICHARD T. NGUYEN, 3834 SCOTT J. RAMSAY, 8421 JEFFREY R. SCHWARZ, 7469 EDWARD J. IOCCO, 9729 JOHN E. KRAUSE, 9684 MICHAEL W. MC CALLUM, CLARK A. NICHOLS III, 3845 CHRISTOPHER P. TODD H. SCOLA, 7456 WILLIAM T. IPOCK II, 8257 SCOTT C. KRAVERATH, 5711 3885 TROY M. NICHOLS, 4489 RAMSDEN, 1711 DEBORAH K. SCOTT, 9091 TIMOTHY E. ISEMINGER, KEVIN F. KROPP, 5877 CHRISTIE L. MC CARTHY, WESLEY W. NICHOLSON, DALE C. RAMSEY, 4031 VINCENT H. SCOTT, 0800 4809 TODD G. KRUDER, 6466 4098 2938 JEFFREY S. RANDALL, 6294 JAMES W. SCROFANI, 2233 CHRISTOPHER M. RANKIN, ROGER G. ISOM, 9474 RICAHRD J. KRYSTOF, 9756 MICHAEL C. MC CASSEY, ALFRED A. NICOLL, 8870 ZACHARY M. SCRUTON, 7723 2913 DAVID V. JACKSON, 7265 THOMAS A. KUBISTA, 7978 9906 THAD E. NISBETT, 1850 JAMES C. SEALS, JR., 4298 KEVIN H. RASCH, 6409 GRAHAM K. JACKSON, 8687 TIMOTHY C. KUEHHAS, 0367 RICHARD D. MC CLELLAN, DANIEL E. NIXON, 4792 WILLIAM B. SEBRING, 7274 BRYAN E. RASCOE, 5656 MARK H. JACKSON, 9647 GLENN P. KUFFEL, JR., 6004 0196 NORBERTO M. D. NOBREGA, THOMAS G. SEIDENWAND, KENDALL M. RASMUSSEN, ANDREW D. JAMES, 9717 ROBERT J. KUNKA, 4972 STEPHEN E. MC CORMICK, 8181 3790 7647 BRIAN S. JAME, 5751 MICHAEL H. KUTYBA, 7313 6562 SIDNEY S. NOE, 1493 RAIMUND G. SEIFART, 2448 JAMES O. RASURE, 9016 JEFFREY W. JAMES, 1498 BRENT J. KYLER, 1400 JOHN K. MC COY, 3708 DAVID S. NOLAN, 6700 JAMES K. SELKIRK, JR., 8834 PAUL A. RATKOVICH, 0043 SANDRA M. JAMSHIDI, 5712 KEVIN R. LACASSE, 9113 MICHAEL E. MC DANIEL, 7617 DAVID E. NOSAL, 8165 K J. SEMON, 7403 CHARLES L. RAYL, 1972 KATHLEEN M. JANAC, 4695 MARK W. LACY, 9853 DAVID W. MC DOWELL, 8251 RONALD J. NOVAK, 6813 CURTIS A. SETH, 6453 THOMAS C. REALE, 5894 ROBERT W. JANSSEN, 6819 MICHAEL C. LADNER, 3654 LARRY A. MC ELVAIN, JR., ROBERT E. NOVOTNY, 9678 PATRICK J. SHAFFER, 3260 VICTOR RECK, JR., 3930 ANDREW C. JARRETT, 7466 CARL A. LAHTI, 0987 3184 MARK T. NOWICKI, 0748 DAVID M. SHALIKASHVILI, KIMBLE J. REDSHAW, 3938 KEVIN S. JASPERSON, 5727 JAMES M. LANDAS, 2979 BRADLEY S. MC FARLAND, JEFFREY L. NOWLIN, 5153 2136 JOKER L. JENKINS, 4205 DEBRA A. LANKHORST, 3452 9705 NIGEL A. NURSE, 7415 JEFFREY T. REES, 9904 JOHN J. REESE, 2098 JOHN E. SHASSBERGER, 5989 KENNETH W. JENKINS, 0834 JOHN J. LAPOINT, 2791 DAVID M. MC FARLAND, 4145 MARK J. OBERLEY, 1794 FRANK A. SHAUL, 3998 BRADLEY T. JENSEN, 6428 MICHAEL G. LARIOS, 4266 TIM MC GARVEY, 2405 JAMES K. O’BRIEN, 7279 DENNIS A. REEVES, 0588 JAMES J. REICH, 2288 DANIEL P. SHAW, 3358 JON J. JERGE, 1150 TIMOTHY X. LARSEN, 2837 JAMES E. MC GOVERN, 6622 TIMOTHY P. O’BRIEN, 1878 SHAWN R. SHAW, 1995 ALLEN T. JOHNSON, JR., JOHN L. LARSON, 7792 JOHN J. MC GRATH, JR., 0564 HEIDI C. OCHS, 9208 PETER J. REINAGEL, 9804 JAMES K. REINING, 4176 MICHAEL D. SHEAHAN, 2490 9337 DENNIS A. LAZAR JR., 5735 ANDREW D. MC IRVIN, 5410 KIERON G. O’CONNOR, 1267 JOHN M. SHEEHAN, 8333 ANTHONY A. JOHNSON, 5543 THOMAS W. J. JOHN S. MC KEE, 1738 WILLIAM A. OEFELEIN, 5484 JAMES C. RENTFROW, 3002 JOHN W. REPPERT II, 9370 DONDI M. SHEEHY, 2602 DAVID B. JOHNSON, 7843 LECHLEITNER, 6182 MICHAEL D. MC KENNA, 4177 CRAIG L. OELTJEN, 3776 FREDERIC J. SHEEHY, 5420 EDWARD G. JOHNSON, 2071 LINDSAY C. LECUYER, 5106 SCOTT A. MC KENZIE, 7822 JEFFREY C. OHMAN, 2450 KENNETH J. REYNARD, 5282 JEFFREY A. RICHARDSON, RICHARD J. SHINN, 1257 EDWARD J. JOHNSON, 6286 ROBERT H. LEDOUX III, 7208 TIMOTHY E. MC KENZIE, 1751 STEVEN B. OKUN, 1140 JOE C. SHIPLEY, 6510 MARK A. JOHNSON, 4524 RALPH D. LEE, 4131 PATRICK J. MC KERNAN, GREGORY M. OLIVER, 4280 1842 BRIAN K. SHIPMAN, 8763 ROBERT L. JOHNSON, 3643 STEPHEN L. LEE, 9858 8252 JOSEPH M. OLIVER, 2033 SHERYL S. RICHARDSON, DENISE M. SHOREY, 7249 ERNEST R. JONES, JR., 9714 PETER K. LEHARDY, 6831 J. J. MC LAUGHLIN III, 1924 KARL R. OLSEN, 7994 3468 KARIN A. SHUEY, 1800 FRANK C. JONES, 0514 DAVID T. LEMLY, 9016 JOHN H. MC LEAN, 7442 EDWARD C. OLSHAW, 1148 JOHN D. RICHMOND, 3982 DANIEL A. SHULTZ, 9370 GREGORY I. JONES, 5568 DOUGLAS M. LEMON, 0490 JOSEPH E. MC MAHON, 8354 DWIGHT D. OLSON, 1902 ROSALIND J. RICHMOND, FRANCIS M. SIDES, 0416 JAMES T. JONES, 8435 TODD L. LENNON, 3694 HERNDON R. MC MILLAN, SEAN P. O’MALLEY, 8105 6179 ROBERT W. SIDES, 2040 KEITH A. JONES, 6229 FREDERICK C. LENTZ III, 1278 CASEY P. O’NEIL, 0393 MONICA A. RICKARD, 4673 OTTO F. SIEBER, 8414 KEVIN D. JONES, 2783 7751 JOE L. MC MULLEN, 9219 JOSEPH R. ORECHOVESKY, JOHN D. RICKARDS, JR., 6773 JAMES W. SIGLER, 5221 RICHARD D. JONES, 3833 SCOTT B. LEPAGE, 0401 JAMES L. MC REYNOLDS, 6646 JOHN E. RIES, 6865 PAUL G. SIMPSON, 2937 SHAWN R. JONESOXENDINE, THOMAS H. LERCH, 2110 2735 SCOTT E. ORGAN, 6696 GARETH A. RIETZ, 5942 MICHAEL G. SINEX, 8493 8530 ZIGMOND V. LESZCZYNSKI, GREGORY A. MC WHERTER, PAUL J. O’ROURKE, 2858 ROBERT M. RIGGS, 6555 CARTHER F. JORGENSEN, 4515 6988 PAUL ORTA, 8994 CHRISTOPHER M. RILEY, MICHAEL W. SIRACUSE, 2747 5272 MICHAEL W. LEUPOLD, 8982 PETER A. MEHL, 5532 WALTER H. OTT, 2330 3791 JONATHAN T. SKARDA, 8942 JAMES M. JOYNER IV, 6040 JAMES A. LEWIS, 3643 JAMES E. MELVIN, 3975 ROBERT F. OTTEN, 0965 GEORGE B. RILEY III, 7016 STEPHEN R. SKAW, 7250 SARA A. JOYNER, 7535 JAMES H. LEWIS III, 5801 JEFFREY A. MERCADO, 5935 SAMUEL W. OVERMYER, 7556 W.J. RILEY, JR., 9091 EDWARD W. SKELLY, 9093 MARK A. JOYNT, 3592 JEFFREY M. LEWIS, 7764 CHRISTOPHER P. MERCER, CAROLYN R. OWENS, 6658 WILLIAM P. RINGER, 1651 RICHARD A. SKIFF, JR., 1124 JOEL D. JUNGEMANN, 4412 JOHN M. LEWIS, 4032 1145 DWIGHT OWENS, 0171 CARLOS M. RIPPE, 6782 CALVIN D. SLOCUMB, 0031 MITCHELL D. KAAS, 1406 RANDALL K. LEWIS, 8859 JACOB P. MERCIEZ, 0857 GREGORY B. OWENS, 3665 DANIEL J. RIVERA, 7233 DOUGLAS W. SMALL, 3880 JOHN E. KAINER, 1230 STUART W. LEWIS, 5029 RANDELL L. MERRITT, 2221 MARCELL S. PADILLA, 2493 JAMES L. ROBBINS, 9335 BRENT E. SMITH, 7750 NICHOLAS J. KAISER, 5168 MARK F. LIGHT, 6959 JOHN C. METZGAR, 9512 NEFTALI PAGAN, 0224 DAVID A. ROBERTS, 7683 FRED W. SMITH, JR., 3203 MICHAEL L. KAMMERZELL, STEVEN W. LIGLER, 2528 MARK V. METZGER, 9455 ROBERT H. PALM, JR., 4353 WILBUR L. J. ROBERTS, 1365 JOSEPH A. SMITH, 2153 7053 JEFFREY S. LINCOLN, 4464 GEORGE D. MICHAELS, 0173 STEVEN T. PALMER, 9379 WILLIAM M. ROBERTS, 1346 LARRY A. SMITH, 6676 VINCENT M. KAPRAL, 2640 CHRISTOPHER LINDSEY, JASON J. MICHAL, 7279 EUGENE F. PALUSO II, 6657 THOMAS L. ROBERTSON, MARK A. SMITH, 5854 MARY A. KARAYAKAYLAR, 5871 THERESA C. MICHAL, 6071 MICHAEL R. PAMPALONE, 5319 MARK P. SMITH, 5666 8643 PAUL J. LING III, 9325 MICHAEL D. MICHEL, 1657 7975 STEPHAN P. ROBEY, 2179 MICHAEL J. SMITH, 4751 DONNA M. KASPAR, 1735 BRIAN D. LINNABARY, 5726 MARIO MIFSUD, 4285 SCOTT W. PAPPANO, 5931 CHRISTOPHER ROBINSON, MICHAEL O. SMITH, 9479 KURT A. KASTNER, 7524 JAMES M. LINS, 5260 JOHN L. MIHELICH III, 5233 PAUL M. PARASHAK III, 9564 4334 PATRICK W. SMITH, 4557 ROBERT D. KATZ, 0758 DAVID J. LOBDELL, 1851 ANDREW W. MILES, 1206 DONALD J. PARKER, 3225 KELLY A. ROBINSON, 7110 PETER J. SMITH, 7870 SUSANNE G. KECK, 6646 MELISSA A. LOCKMAN, 3112 BRIAN D. MILLER, 3386 RONALD D. PARKER, 5289 FRANK T. ROCHEFORT, 3417 ROBERT E. SMITH, 1189 DONN W. KEELS, JR., 3921 LOWEN B. LOFTIN JR., 6163 HENRY A. MILLER, 6407 WILLIAM T. I. PARKHURST, CHRISTOPHER A. THOMAS B. SMITH II, 9913 ANGELA M. KEITH, 2211 RACHELLE F. LOGAN, 9773 HENRY J. MILLER, 3564 6491 RODEMAN, 9088 TIMMY SMITH, 3755 GREGORY J. KEITHLEY, 1852 JAMES K. LOGUE, 5874 JEFFREY S. MILLER, 5321 JOSEPH P. PARKS, 7413 DONALD B. RODGERS, 3730 TIMOTHY J. SMITH, 9569 DONALD H. KELLER, JR., KEVIN S. LONDKE, 1098 RANDALL B. MILLER, 3064 VERNON J. PARKS, JR., 4410 MARTIN RODRIGUEZ, 2817 VICTOR S. SMITH, 4224 5379 PATRICIA R. LOONAM, 4782 RICHARD M. MILLER, JR., KENNETH W. PARNELL, 3848 STEVEN J. ROERIG, 9755 MATTHEW T. SMURR, 3590 CHRISTOPHER T. KELSALL, MARK C. LOOSE, 5336 2998 HAROLD S. PARRISH, 6802 DARREN M. ROGERS, 9737 JAMES B. SNELL, 7780 3660 JAMES P. LOPER, 3029 MARSHALL G. MILLETT, PETER J. PASQUALE, 8011 JAMES R. ROGERS II, 5907 JOHN J. SNELL, 1084 JOHN G. KEMNA, 6817 RANDALL L. LOTT, 9637 6623 PATRICK J. PATERSON, 6629 TIMOTHY G. ROHRER, 6017 PAUL S. SNODGRASS, 0168 JOEL D. KENNEDY, 7962 WALLACE G. LOVELY, 1667 KENNETH R. MINNARD, 3319 DOUGLAS A. PEABODY, 3023 GREGORY R. ROMERO, 2472 HENRY W. SNOW, 2821 ANDREW M. KENNY, JR., CAROLYN A. LUCE, 4105 JAMES L. MINTA, 6319 BRUCE L. PECK, JR., 1882 AARON L. RONDEAU, 6243 ERIK L. SNYDER, 4053 3221 FREDRICK R. LUCHTMAN, ERIC J. MITCHELL, 3799 BENJAMIN B. PEET, 1408 FRANCISCO K. ROSARIO, CHERI A. SOLOMON, 3413 DABNEY R. KERN, 3378 4895 REY R. MOLINA, 4307 GREGORY S. PEKARI, JR., 4805 PETER H. SORENSEN, 7888 WILLIAM E. KERN, 6745 PATRICK W. LUEB, 1603 SANTOS L. MOLINA, 1591 1336 MATTHEW W. ROSE, 8226 TOMMY S. SOUTHARD, JR., IAN J. KERR, 6865 JON B. LUNDQUIST, 8310 GREGORY H. MOLINARI, 9944 GARY D. PENTON, 6738 JEFFREY A. ROSS, 8074 1307 JUSTIN F. KERSHAW, 4578 JAMES D. LUNSFORD, 8940 MASON, K. MOLPUS, 6078 ROBERT A. PEREBOOM, 1517 BRIAN D. ROTH, 5563 DANIEL SPAGONE, 1311 RICHARD J. KERZNER, JR., RONALD D. LUNT, 9274 THOMAS J. MONROE, 0752 DOUGLAS G. PERRY, 1753 EDWARD J. ROTH, 9318 MICHAEL C. SPARKS, 8768 8680 JON E. LUX, 7540 BRYAN G. MONTEITH, 8921 REID M. PERRY, 5805 JEFFREY C. ROTH, 4175 JOSEPH B. SPEGELE, 0843 JARED A. KEYS, 1922 MICHAEL R. LYNCH, 3642 LANCE A. MONTGOMERY, CARL V. PETTY, 0280 DONALD A. RUDAT, 0222 FRANCIS E. SPENCER III, GREGORY R. KIDD, 7571 JOHN L. MAC MICHAEL, JR., 5843 ERIC S. PFISTER, 0710 WILLIAM R. RUEHLE, 9204 0294 BRADLEY J. KIDWELL, 8413 0821 RUSSELL C. MONZON, 8715 DUANE A. PHILLIPS, 2221 DAVID C. RULEY, 7867 JAMES L. SPENCER IV, 6025 WILLIAM D. KIMBALL, 7607 JEFFREY A. MAC QUARRIE, TRACY S. MOON, 3798 RODRICK B. PHILLIPS, 6742 MARK N. RUSSEL, 5544 MARK F. SPRINGER, 3775 KEITH A. KIMBERLY, 8930 1973 CHARLES C. MOORE, II 9995 PATRICK M. PICKARD, 1340 SCOTT F. RUSSELL, 5877 ROBERT J. STAILEY, 6642 CATHY M. KIMMEL, 9415 JOHN D. MACTAVISH, 2154 ROBERT F. MOORE, 4584 EDWARD A. PITTMAN, 0139 STEPHEN P. RYAN, 2201 RICHARD A. STAKELUM, JOHN L. KING, 7906 HERNANDO A. MADRONERO, TODD M. MOORE, 8281 WAYNE L. PLAGER, 3504 MARC A. RZEPCZYNSKI, 0063 1139 KEVIN G. KING, 9967 4936 JOSE I. MORALES, 2408 WILLIAM G. PLOTT, 9919 CHRISTOPHER L. SAAT, 9373 CHRISTOPHER M. KEVIN L. KING, 6445 GREGORY M. MAQUIRE, 9275 C. D. MORAN II, 8976 IAN R. POLLITT, 6864 FRANK C. SALCEDO, 4152 STAMPER, 8222 ALBERT C. KINNEY III, 5289 JOHN A. MAHONEY, 6955 PHILIP J. MORAN, 7433 KENNETH R. POLLOCK, 9581 BENJAMIN D. SALERNO, 7198 ROBERT E. STANDLEY, 2127 MARIA A. KINNUNEN, 7012 JOHN M. MAJOR, 3498 CLINTON J. MORANO, 9070 CHRISTOPHER A. POOR, 7238 CLIFFORD C. SALONGA, 9016 STEPHEN P. STARBOARD, KEVIN E. KINSLOW, 1733 LUIS A. MALDONADO, 1245 BRIAN L. MORGAN, 0179 THOMAS C. POPP, 5693 DUANE E. SALSBURY, 2322 7644 BRIAN R. KIPLE, 9704 CHRISTINE A. MALLORY, SEAN T. MORIARTY, 2243 ROBERT D. PORTER, 7188 MARK E. SANDERS, 8552 TIMOTHY K. STARLING, 2476 CHRISTOPHER T. KIRBY, 4818 ELIZABETH R. MORLOCK, SCOTT D. PORTER, 0299 LEONARD D. SANTIAGO, 5995 LESLIE S. R. START, 7058 7466 JAMES A. MANN, 7507 6664 SCOTT A. POTAS, 3748 VIKRAM SARDANA, 9633 STEVEN W. STEARNS, 6034 PATRICK W. KIRK, 5799 SCOTT F. MANNING, 7866 KURUSH F. MORRIS, 6285 JAMES B. POTTS, 8201 MARK F. SAUER, 3189 ROBERT M. STELTENPOHL, CHRISTOPHER C. KIRKHAM, MICHAEL D. MAQUERA, 1217 STEVEN S. MORRIS, 3851 SARA T. POWELL,4638 ROBERT P. SAUNDERS, JR., 7621 2636 JOHNNA M. MARCHANT, 5605 TERRY S. MORRIS, 2199 PATRICK E. POWERS, 6634 4247 ERIC M. STEPHENS, 8638 S10268 CONGRESSIONAL RECORD — SENATE September 11, 1998

DANIEL J. STEPHENSON, JAMES L. TAYLOR, JR., 9814 JAMES H. TRAVERS, 8468 HENRY L. VELARDE, 5727 DEL E. WEIHERT, 6738 CRAIG L. WILSON, 1562 7279 TIMOTHY S. TAYLOR, 7343 ROBERT B. TRIMMER, 2342 MICHAEL B. VELASQUEZ, GREGORY J. WEISMAN, 4153 PAUL J. WILSON, 4820 GLENN W. STEVENS, 9321 BRIAN T. TEETS, 6205 CHRISTOPHER P. TRIMPEY, 6280 ROBERT D. WEISSENFELS, ROBERT T. WINFIELD, 5013 HENRY W. STEVENS III, 1442 PAUL M. TERHAAR, 7061 8536 ERIC H. VENEMA, 6068 0591 JAMES A. WINSHIP, 5264 MARK L. STEVENS, 3342 MICHAEL J. TESAR, 1347 WILLIAM M. TRIPLETT, 5906 DOUGLAS C. VERISSIMO, ANNE M. WEITZMAN, 3285 BRUCE L. WINTER, 3024 ROBERT E. STEVENS II, 5786 FREDERICK N. TEUSCHER, CHRISTOPHER S. TROST, 8373 ROBERT C. WEITZMAN, 4254 JEFFREY S. WINTER, 4575 JONATHAN R. STEVENSON, JR., 4839 6608 DEAN M. VESELY, 0573 LAWRENCE J. WELLHAM, PETER J. WINTER, 4248 5124 LANCE R. THEBY, 1783 CLARK O. TROYER, 1719 SIDNEY J. VIGIL, 4344 8137 JOHNNY R. WOLFE, JR., 4924 WILLIAM R. STEVENSON, RICHARD T. THERRIEN, 4845 MARK A. TRULUCK, 7756 LAWRENCE S. VINCENT, 9649 LAWRENCE A. WELLS, JR., MARK A. WOLFF, 3326 9236 CHRISTOPHER P. THOMAS, ARTHUR R. TUCKER, 1560 NICHOLAS K. VODANTIS, 8000 WILLIAM J. AMY C. STIDHAM, 9964 1643 JOHN R. TUCKER, 1202 6956 KEVIN R. WESLEY, 1402 WOLKERSTORFER, 0062 CHRISTINE A. STILES, 2892 ELIZABETH A. THOMAS, 4073 ALAN P. TUPMAN, 7341 DANIEL E. VOTH, 2417 MATTHEW W. WESSEL, 5925 BRIAN J. WOLSON, 3751 NEIL W. WOODWARD III, 9384 RUSTIN E. STOBER, 9284 JOHN D. THOMAS, 6371 JOHN C. TURNER, 9904 MARK D. WADDELL, 5039 MATTHEW G. WESTFALL, WENDY T. WOODWARD, 3526 JOHN L. STOFAN, 9733 MARK A. THOMAS, 9609 WADE D. TURVOLD, 9482 JOSEPH T. WALKER, 2815 9610 RAYMOND B. JOHN P. STOKELY, 0457 PETER H. THOMAS, 3701 RONALD B. TUTTLE, JR., GREGORY J. WALLS, 8547 JEFFREY D. WESTON, 6084 WORTHINGTON, 6066 JAMES E. STOLZE, JR., 9189 JOHN J. THOMPSON, 2677 5721 COLIN S. WALSH, 2476 JOHNNY R. WHEAT, 6333 STEPHEN T. STONE, 2261 JOSEPH M. THOMPSON, 4680 KIERAN S. TWOMEY, 9206 JEFFREY A. WARD, 9958 ERIC K. WRIGHT, 5680 CHRISTOPHER K. RICK J. STONER, 7194 THOMAS L. THOMPSON, 2160 MURRAY J. TYNCH III, 1357 DAVID W. WARNER, 8752 JOHNATHAN L. WRIGHT, WHEELER, 9564 STEVEN A. STOPLER, 9565 FRANK R. THORNGREN, JR., MATTHEW S. TYSLER, 2534 HOWARD C. WARNER III, 1652 2366 TODD D. WHITE, 2292 RODNEY J. STOUT, 7071 0812 GARY A. ULRICH, 6407 SCOTT M. WARNER, 9625 D.M. WRIGHT, JR., 7292 EDWARD S. WHITEMORE, DAVID A. STRACENER, 9368 DAVID L. TIDWELL, 0074 ROY C. UNDERSANDER, 0717 CHRISTOPHER L. WARREN, BRIAN F. WYSOCKI, 9206 6565 CHARLES G. STRASSLE, 3083 RYAN C. TILLOTSON, 8072 CRAIG D. UNION, 3164 6792 STEFAN D. XAUDARO, JR., JAMES R. WICKMAN, 8694 THOMAS L. STRAUB, 3322 TODD L. TINSLEY, 0407 JEFFREY A. UTHE, 1102 ROBERT L. WARREN, 3214 3985 PAUL R. WIDISH, 6737 RICHARD W. STRAYER, 0660 GAIL M. B., TISCHKE, 4596 RICHARD C. VALENTINE, CRAIG J. WASHINGTON, 1509 GERALD P. YEGGE, 8750 KRISTIN B. STRONG, 8435 GARY L. TISSANDIER, 6892 1467 JACK H. WATERS, 7276 DONALD L. WILBURN, JR., DAVID D. YOUNG, 7606 ORLANDO A. SUAREZ, 5371 OTIS V. TOLBERT, 6476 CHRISTOPHER VANASTEN, JAMES P. WATERS III, 8850 2614 EUGENE S. YOUNG, 4115 KEVIN P. SUDHOFF, 9904 JOHN V. TOLLIVER, 5114 1640 PETER M. WATERS, 4094 DOUGLAS E. WILCOX, 7146 MARVIN W. YOUNG, 6387 CHRISTOPHER E. SUND, 5533 KENNETH J. TOMASSO, 6563 RONALD R. VANCOURT, 0392 MICHAEL W. WATKINS, 2060 ANDREW R. WILLIAMS, 6791 MICHAEL J. YOUNG, 6311 THOMAS J. SUTHERLIN, 5882 JEANENE L. TORRANCE, MARK R. VANDROFF, 2337 WILLIAM R. WATKINS III, BRIAN D. WILLIAMS, 0221 MICHAEL R. ZAHN, 8713 KEVIN W. SUTTON, 1261 2462 MARK A. VANDZURA, 3905 3627 JEFFREY B. WILLIAMS, 8298 PETER J. ZAMESKA, 7268 STEVEN J. SWANSON, 9012 JOHN D. TOUGAS, 1079 MICHAEL J. VANGHEEM, MARK T. WEATHERFORD, KELLY B. WILLIAMS, 6239 BOYD T. ZBINDEN, 1711 DAVID M. SWENSON, 2813 WILLIAM J. TOWNSEND, 1246 6318 MARK T. WILLIAMS, 0223 JEFFREY R. ZEUNER, 1425 SCOTT B. SWENSON, 3437 JR., 9049 ROBERT A. VANHOUTEN, ROBERT WEBBER, JR. 6493 RICHARD C. WILLIAMS, JR., CHRISTOPHER S. ADAM M. TAFF, 2805 BYRON D. TRACY, 9446 3953 JOHN R. WEBER, 2291 0983 ZIMMERMAN, 6517 BRIAN S. TAIT, 6961 KARL W. TRAHAN, JR., 5571 DEAN C. VANTOL, 3060 JAMES B. WEBSTER, 2194 ROBERT J. WILLIAMS, 9169 KRISTOFER L. PAUL TANKS, JR., 8569 TIMOTHY R. TRAMPENAU, DEEAN R. VANWORMER, 5936 RANDOLPH R. WEEKLY, 9935 STEPHEN F. WILLIAMSON, ZIMMERMAN, 2199 RICHARD TARASEWICZ, 1243 4042 MAURICE R. VARGAS, 6318 PAUL W. WEHNER, 2540 0454 RICHARD J. ZINS, 5660 ARIEL E. TARRAGO, 2633 VINH X. TRAN, 5774 DAVID J. VARNES, 8121 WILLIAM M. WEHRMEYER, CURTIS S. WILMOT, 9933 THEODORE A. ZOBEL, 0276 RANDALL D. TASHJIAN, 5529 MARC G. TRANCHEMON- LAWRENCE R. VASQUEZ, 5355 ALPHONSO L. WILSON, JR., GLEN A. ZURLO, 9511 CHRISTINA R. TAYLOR, 7433 TAGNE, 5851 1688 CARL B. WEICKSEL, 0058 3475 September 11, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E1697 EXTENSIONS OF REMARKS

ENDANGERED SPECIES ACT habitat. My bill would limit how much mitiga- these two enjoined events among America's REFORM tion the government can require. most wholesome and celebrated gatherings. I The Liability Reform bill will stop unfair gov- cannot think of a more representative, re- HON. WILLIAM M. THOMAS ernment penalties against landowners. Rural spected, and talented group of young men OF CALIFORNIA landowners are frustrated enough at having and women to be Northwest Ohio's ambas- IN THE HOUSE OF REPRESENTATIVES their lands confiscated for government use. it sadors to the 1999 Tournament of Roses Pa- adds insult to injury when no species are even rade and the Rose Bowl. Friday, September 11, 1998 on the land, yet the government continues to Mr. Speaker, the DHS Marching Band of Mr. THOMAS. Mr. Speaker, I rise today to impose these onerous burdens and even the Class is just thatÐa class organization. From introduce three bills which will reform the En- threat of penalties of landowners. Criminal and the students who work and train so hard, to dangered Species Act and restore sensibility civil penalties should be limited to actual and the parents and teachers who assist them and reasonableness to a system that has run intentional takings of an endangered species, along the way, the Defiance High School amok. Each bill is targeted toward narrow not accidental or hypothetical ones. Moreover, Marching Band of Class is world-class, and in problems of the Endangered Species Act. if the government knows of a violation occur- a category all to itself. I urge my colleagues to The Fair Process Reform bill will ensure ring, it should warn landowners and give the stand and join me in paying special tribute to open and equal access to information relied opportunity to correct the violation through the Defiance High School Marching Band of upon by Federal agencies when making deci- mitigation or repair. My bill includes provisions Class, and in wishing them the very best at sions on endangered species. Perhaps the to do this. My bill also includes ``Safe harbor'' the 1999 Tournament of Roses Parade. We single worst complaint I have heard about the and ``No surprises'' provisions to end the are very proud of your honors and achieve- current Federal system is that the people who string of broken promises and added obliga- ments. Good Luck! are directly affected by government decisions tions put on landowners by the government. f and bear the burden and cost of compliance The Endangered Species Act needs to be are left out of the decision process. From their reformed now. My bills are a fair and balanced POUDRE VALLEY HOSPITAL point of view it is ``taxation without representa- response to the tragic failures of the current tion''. Landowners are now stuck with paying system. I look forward to presenting my bills at HON. BOB SCHAFFER the cost of preserving species; yet, they do House hearings and rapid passage of these OF COLORADO not have access to the same information held bills. IN THE HOUSE OF REPRESENTATIVES by the Federal government and their input is f Friday, September 11, 1998 ignored. My bill includes provisions for an open ac- A SPECIAL TRIBUTE TO THE DEFI- Mr. BOB SCHAFFER of Colorado. Mr. cess to the public for scientific studies and un- ANCE HIGH SCHOOL MARCHING Speaker, during the most recent district work derlying study data. It also replaces the secret BAND OF CLASS FOR THEIR period, the Poudre Valley Hospital opened its listing process with an open hearing so land- PARTICIPATION IN THE 1999 doors with an invitation to speak with adminis- owners can participate in the decision making TOURNAMENT OF ROSE PARADE trators and view the first-rate care the hospital process, and landowner representatives can provides to the residents of Fort Collins. cross-examine agency personnel and experts. HON. PAUL E. GILLMOR Built 70 years ago, the Poudre Valley Hos- My bill also includes provisions to improve the OF OHIO pital has grown with the community to become scientific basis of government decisions such IN THE HOUSE OF REPRESENTATIVES a regional medical provider with 27 staff spe- as a minimal information requirements for peti- cialties, 1,888 employees, and a multitude of tioners, peer review of multiple scientific stud- Friday, September 11, 1998 special services serving communities in north- ies used to support listing or government ac- Mr. GILLMOR. Mr. Speaker, I rise today to ern Colorado, southern Wyoming, and western tion, and economic impact analysis of its ac- pay special tribute to an outstanding group of Nebraska. The hospital maintains a Level 2 tions required for listings. young men and women from Ohio's Fifth Con- regional trauma center, a regional heart cen- The Fair Land Management Reform bill will gressional District. The Defiance High School ter, a regional neurosciences center, and a re- ensure that the government pays for obliga- Marching Band of Class. gional orthopedic program in addition to stand- tions it imposes on landowners. This bill in- On January 1, 1999, the Defiance High ard hospital services. Through affiliations with cludes a provision to compensate landowners School Marching Band of Class will be partici- smaller clinics throughout its service region, for significant government takings. Rural land- pating in a very special event. On that date, the hospital is able to provide comprehensive owners like farmers bear most of the burden they will be participating in the 1999 Tour- care to many people. As a non-profit entity, for protecting species that society wants to nament of Roses Parade in Pasadena, Califor- Poudre Valley also sustains community pro- protect; yet, these landowners are the least nia. This is truly a wonderful experience and grams for the poor, the elderly, and the gen- able to bear that burden. It has become too quite an accomplishment for these talented eral population. easy for so-called environmentalists to make young people from Ohio's Fifth District. Each While proud of the success and growth ex- ``someone else pay'' for environmental causes. January, the parade takes place in conjunction perienced by the hospital, administrators are It's time for society to step up and pay for en- with a plethora of activities surrounding one of frustrated by the Medicare system which com- vironmental causes. It's time for society to the most celebrated athletic contests in all of prises 42% of their business. Not only does step up and pay for what it wants. sports and entertainmentÐthe Rose Bowl. the Medicare system provide inadequate reim- I also include a provision that limits the miti- Historically speaking, the Rose Bowl, the bursement, its labyrinthine regulations make it gation requirements that can be imposed by ``Grand Daddy of Them All,'' pits the Big Ten difficult to work within the system. Regulations government. Without proof of any actual spe- Champion against the winner of the PAC Ten. and supplemental information bound in black cies on the land, the Federal government can And, in future years, could very well be the books fill the administrator's cabinets. Addi- and does routinely require a landowner to site of college football National Championship tionally, government workers and inter- ``mitigate'' for land use by purchasing other Game. I cannot think of a better script than to mediaries often have different interpretations land to relocate or otherwise create habitat for have the DHS Marching Band of Class in at- of the rules or no clear answers at all to the species. Often, several acres of land must be tendance for the entire experience surrounding hospital's questions. bought for every one acre a landowner wants the Rose Bowl and Tournament of Roses Pa- Medicare must be reformed. The burdens to use. It doesn't stop there. A landowner rade. and inefficiencies of Medicare must also re- must often manage the new ``biology project'' The pageantry comradery, pomp, and cere- mind us that any attempt to socialize any for the government by putting up fences and mony that encompass the Rose Bowl and the other facet of health care must be resisted. hiring biologists for years to look after the Tournament of Roses Parade, truly makes There is a better way.

∑ 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. E1698 CONGRESSIONAL RECORD — Extensions of Remarks September 11, 1998 In spite of these difficulties, Poudre Valley In addition to her work with the J.U.G.S., Peninsula landscape. These acres, acquired Hospital continues to provide a great service she is a member of the National Coalition of through gifts, purchases and voluntary ease- to Fort Collins and the surrounding area. Addi- Black Meeting Planners, the National Associa- ments, are now protected and will remain for- tionally, I would like to thank Army Hall, Carl tion of Market Developers, the NAACP and ever available for enjoyment and inspiration. Smith, and Lesley Fagerberg for their time and the National Urban League. Residents and guests alike will continue to live for their commitment to the health care profes- In recognition of her many years of distin- side-by-side with some of the most scenic nat- sion. guished professional service and contributions ural beauty found anywhere in Los Angeles f to society, Wanda has received numerous County, if not our State. awards and honors, including the Shiners As important to preservation, the Conser- TRIBUTE TO WANDA WASHINGTON Award for Professional Excellence, the Na- vancy also maintains a commitment to restor- HOPKINS tional Association of Business and Profes- ing natural habitat and sustaining native wild- sional Women's Clubs Yellow Rose'' citation, life. Their programs include organizing volun- HON. JULIAN C. DIXON the National Business League Presidential Ci- teers to clear out non-native plants, gathering OF CALIFORNIA tation, and the West Coast Black Publishers seeds to nurture and then returning the seed- and Association President's Award. This sum- lings to the land. And, in cooperation with the HON. WILLIAM (BILL) CLAY mer, at the NAACP's annual National Conven- school district, all third grade students study OF MISSOURI tion, Wanda became the first individual to re- the geology and natural habitat of the Penin- IN THE HOUSE OF REPRESENTATIVES ceive the organization's Exhibitors' Special sula, then walk to a site near their school to Friday, September 11, 1998 Recognition Award. She is also the receipient see, first hand, the plants, animals and rocks of the National Urban League's Herbert H. they studied. For the other residents, the Con- Mr. DIXON. Mr. Speaker, I am pleased to Wright Medallion. servancy provides monthly docent-guided na- join with my good friend and colleague, the Wanda Washington Hopkins is a woman of ture walks to explore more intimately the habi- gentleman from the great state of Missouri, savvy intelligence and tremendous warmth tats with which they co-exist. the Honorable WILLIAM L. CLAY, in saluting an and integrity. Over the years, she has consist- Looking toward the future, the Conservancy outstanding businesswoman and good friend, ently demonstrated the utmost professionalism has targeted an additional 1,000 acres for Mrs. Wanda Washington Hopkins. On Thurs- and paved the way for other young women as- preservation and conservation. In addition, day, September 17, 1998, the National Fed- piring to make it corporate America. She has with the help of an investment banking com- eral of Black Women Business Owners will been an outstanding role model and mentor to pany, work will continue to develop innovative honor their fellow board member as she pre- many young women, and she can take great conservation finance tools to help resolve in- pares to retire after a distinguished career of pride in knowing of the enduring contributions evitable natural resourceÐland use conflicts. 31 years with Philip Morris Companies, Inc. she has made in helping to empower other Af- This conservation finance approach promises We have been privileged to have known and rican American professional women through to become a major factor in land conservation worked with Wanda for most of her career the corporate maze. efforts nationwide. with Philip Morris Companies, and are espe- Married to Everett Hopkins, she is the moth- The success of the Conservancy rests on a cially proud to have this opportunity to high- er of seven children, one of whom is now with foundation of visionary, dedicated volunteers light her many achievements with our col- the angels, but who lives on her heart and in from the local community. But I also commend leagues. the hearts of family and friends. She is also the participation of local city, county, state and Born June 6, 1997, in New York City, New the proud grandmother of four. federal governments officials; the donors of York, Wanda joined Philip Morris Companies Mr. Speaker, it gives us great pleasure to land, time and talent; local publications, and in 1967. During her profession, she has held have this opporunity to publicly recognize the civic groups and private foundations. Their ef- the positions of sample distributor and urban tremendous accomplishments of this distin- forts have magnified the success of the Con- affairs assistant, rising to her current position guished human being. She is a beautiful per- servancy. of Specialist, Public Programs, which includes son, an individual that we are proud to call our Over the past ten years, sizable patches of managing the Philip Morris corporate exhibit. friend. Throughout her many years with Philip open space has been saved to ensure the Prior to joining Philip Morris Companies, Morris Companies, Wanda has probably spent survival of plants and wildlife and, equally im- Wanda worked for the District of Columbia about 85% of her time traveling from city to portant, enhance the quality of life for the peo- and Federal governments, as well as for How- city, exhibiting at one exhibit site after another. ple of the Palos Verdes Peninsula. As the ard University. In addition, she worked for the As she prepares to embark on a new chapter Congressional representative of the Peninsula, Washington Teachers Union along with sev- in her life, we ask first that you join us in ex- and resident, I salute the Conservancy's eral laws firms in the Washington, D.C. metro- tending to her a well-deserved rest. Second, achievements and join with them in working to politan area. please join with us in extending to her, Everett secure success which future generations will Wanda's professional and personal life has and their extended family our best wishes for enjoy. been dedicated to helping to enrich the lives continued success, excellent health, and an f of the disenfranchised, and to ensuring that abundance of prosperity in the years ahead. children, born not of privilege, have every op- f PRINCIPAL BETSY DUMPH AND portunity to pursue his/her dreams through HUDSON ELEMENTARY SCHOOL higher education. She has served as the so- THE PALOS VERDES PENINSULA cial conscience of Philip Morris Companies in LAND CONSERVANCY: CELE- HON. BOB SCHAFFER seeing to it that hundreds of thousands of the BRATING A DECADE OF DISTIN- OF COLORADO GUISHED EFFORT TO PRESERVE company's corporate profits have been di- IN THE HOUSE OF REPRESENTATIVES rected to programs to benefit educational ex- UNDEVELOPED LAND ON THE cellence, and to uplifting communities once PENINSULA Friday, September 11, 1998 bereft of hope. And that's just her corporate Mr. BOB SCHAFFER of Colorado. Mr. influence. HON. JANE HARMAN Speaker, during the recent district work period, In her personal endeavors, she has for OF CALIFORNIA Principal Betsy Dumph opened the doors of years been involved in numerous business, IN THE HOUSE OF REPRESENTATIVES Hudson Elementary School and shared her professional, and social organizations. One in experience as the principal of this small town particular, the Justice, Unity, Generosity, and Friday, September 11, 1998 school. Service, Inc. club, or J.U.G.S., Inc., a non- Ms. HARMAN. Mr. Speaker, I rise today to Hudson Elementary serves children from the profit organization that awards scholarships recognize the Palos Verdes Peninsula Land area around Hudson, CO, including other and benefits handicap children, has been near Conservancy for a decade of resolute effort to smaller towns, family farms and ranches. This and dear to her heart. Over the years, she has preserve, restore, and protect acres of unde- thriving, brightly decorated school shares worked selflessly to raise funds for this organi- veloped land on the Palos Verdes Peninsula some of the challenges of its urban counter- zation. Because of her efforts and commitment in California's 36th Congressional District. parts and some distinctions, too. to the kids, children who were once written off, As a result of their efforts, the Conservancy Principal Dumph has worked hard to assem- can now look forward to programs designed to has successfully preserved for future genera- ble a strong staff of professional educators. help them reach their potential, beyond the ex- tions nearly 260 acres of narrow, lush canyon Unfortunately, Colorado's tenure system has pert's expectations. and sweeping ocean vistas that comprise the proven an obstacle to this effort. She told my CONGRESSIONAL RECORD — Extensions of Remarks E1699 staff that it took three years to remove a par- of the finest individuals that we have had the gency medical provider in 1948 by American ticular teacher who routinely slept through privilege of working with for more than two Legion Post 1363 of Yulan, NY. That these classes. Fortunately, she was able to bring in decades. Jim joined the Hilton family in 1967 Legionaires recognized the need for an emer- many motivated teachers and aides who are as the hotel's Convention Service Representa- gency medical provider years before the rest as interesting in learning as they are in teach- tive. During his career with the Hilton family, of the country is nothing short of extraordinary. he has held the positions of Assistant Conven- ing. Their service had its humble beginnings on Special education has presented a tough tion Service Manager, Convention Service November 7, 1948, with its first dispatch. challenge to Hudson Elementary. Principal Manager, Sales Manager, and finally, General Dumph is committed to the ideal of educating Sales Manager. Throughout his tenure, he has Yulan's Ambulance Corps responded in its special needs children. Several people on staff been an individual of inestimable good humor, 1936 Packard Ambulance and began the his- are dedicated to just that. However, she rec- patience and good willÐand individual who tory of a program that has grown over the past ognizes the need for changes to the law. Cur- has consistently demonstrated the utmost pro- 50 years. fessionalism and integrity. rently the law does not allow principals to The tale of the Yulan American Legion Am- expel dangerous students. Hudson has al- It is almost impossible for us to think about the Washington Hilton and Towers Hotel and bulance company is not the only story that ready witnessed one tragic killing from a vio- began that night. Charles ``Chuck'' Myers, then lent student who could not be expelled be- not think about Jim Harris. He has been in- a young serviceman, was on that ambulance cause of federal laws. Now he is receiving strumental in bringing hundreds of major con- car. This also began Mr. Myer's history as one special care, but the price has been another's ventions and conferences to this city, and is life. Additionally, the federal government has perhaps best known not only for his impec- of the most dedicated Emergency Medical not paid its promised share for special edu- cable professionalism and attention to detail, Technicians in New York State. In the first half cation mandates. The money makes a big dif- but his kind and gentle nature as well. A mod- of this century there was not much training ference to a small farming town school. est man, Jim would be the last person to claim available for members of volunteer ambulance the well-deserved credit for training and serv- One of the greatest frustrations is that chil- companies. The usual training these men and ing as mentor to several of this city's hotel dren are not coming to school prepared to women received did not extend very far be- sales executives, many of whom began their learn. The simple things which teachers once yond basic CPR and First Aid, and it was not careers at the Hilton under his tutelage. could take for granted are not mastered before Jim has received numerous awards in ap- until the 1960's that the State began to orga- kindergarten today. Many children do not have preciation for his distinguished service to the nize classes which taught the skills of emer- the foundations for learning. They do not have hotel and convention industry, including the gency medicine. Mr. Myers was one of the a basic level of language or recognition of pat- Credit Union National Association's ``Apprecia- first participants in these pioneering new terns. Teachers have to take several steps tion Award for 18 Years of Service; the Na- classes more than 30 years ago. Mr. Myers back before moving forward. Parental involve- tional Dental Association's Appreciation Award devotion to the American Legion Ambulance ment before and during formal education is for 18 Years of Service; the National Dental essential. company is just as strong today as it was on Association's Outstanding and Consistent that night back in 1948. In the face of these challenges, Hudson Ele- Service Award,'' and the Hilton hotels Cor- mentary School continues to provide a good poration, Eastern Region's ``Excellence in The civic accomplishments of Mr. Myers did solid education to the kids of eastern Colo- Sales Awards.'' To this, we would like to pro- not end with his service on a volunter ambu- rado. I would like to thank Principal Dumph for claim Jim Harris the General Sales Manager's lance company. Mr. Myers is also an instructor her time and her commitment to education. preeminent General Sales Manager of the of American Red Cross CPR and First Aid. f hotel and convention industry. Not only is he now captain of the American Mr. Speaker, although Jim is retiring and will Legion Ambulance company but he is also a TRIBUTE TO JAMES LOCHREY be sorely missed by a multitude of people, he member and one time captain of the Yulan HARRIS has made enduring contributions to the hotel Fire Department. He has served as a commis- and convention industry which shall serve as sioner of public works and as a lay minister in HON. JULIAN C. DIXON an important part of his legacy. We will miss the Yulan Congregational Church. His fellow OF CALIFORNIA him, but are pleased that he will now have citizens know him for acts of kindness such as more time to spend with his cherished wife personally delivering equipment, crutches, and HON. WILLIAM (BILL) CLAY Gerta, and their beloved son, James Patrick hospital beds, in his spare time. If the recipi- OF MISSOURI Harris, a junior at Brown University. It has ents need instruction in the use of these aids IN THE HOUSE OF REPRESENTATIVES been a genuine pleasure to work with Jim and Mr. Myers' provides it and, in the event that Friday, September 11, 1998 we wish him continued success as he em- the sick are unable to return the equipment, barks on the next chapter of his life. We ex- he offers to pick up the equipment in their Mr. DIXON. Mr. Speaker, I am pleased to tend to him, Gerta, and James our best wish- homes. Mr. Myers' devotion to his community join with my distinguished colleague and friend es for much happiness, excellent health, and is heart warming. He has logged more than from Missouri, the Honorable William L. Clay, bountiful prosperity in the years to come. 5,000 hours of service to the American Legion in paying tribute to a giant of a man, Mr. f Ambulance company alone, and has served James Lochrey Harris. Jim, as he is affection- on more than 2,800 ambulance calls. There is ately known to all who have had the pleasure CHARLES MYERS: RECOGNIZING A no telling how many lives Mr. Myers is person- of working with him during this long and distin- VOLUNTEER EMERGENCY MEDI- ally responsible for saving. guished profession, is retiring as the General CAL TECHNICIAN Sales Manager of the Washington Hilton and But Mr. Myers is more than a list of titles Towers Hotel after an illustrious career span- HON. BENJAMIN A. GILMAN and accomplishments. He is a husband of 52 ning 31 years and 4 months. On Thursday, years to his devoted wife, Ruth, and a loving OF NEW YORK October 1, 1998, Jim's family, Hilton col- father to his son, Robert. He is also an avid IN THE HOUSE OF REPRESENTATIVES leagues, and numerous friends will gather at a collector of toy ambulances. He has displayed retirement gala in his honor. In recognition of Friday, September 11, 1998 his collection at hospitals, trade shows, and his exemplary career, we are proud to have Mr. GILMAN. Mr. Speaker, today I rise to even here in Washington, to help promote this opportunity to share this brief retrospec- praise both an organization and an outstand- awareness for emergency medical services. tive of the life of Jim Harris with our col- ing individual who significantly contributed to We would be hard-pressed to find a man who leagues. make that organization viable. The Yulan has shown more devotion to his community, A native Washingtonian, Jim Harris was American Legion Ambulance service and his state or his country, than Mr. Myers. born on August 21, 1935. He attended public Charles Myers have diligently served their schools in the District of Columbia, and grad- community for more than 50 years with both Mr. Speaker, I ask that you and our col- uated with a bachelor of arts degree in Psy- service and skills beyond the call of any am- leagues join me in applauding both this man chology from George Washington University. bulance company or volunteer. and the Yulan American Legion Ambulance Standing tall at 6' 4', Jim is a giant of a The Yulan American Legion Ambulance Corps on the occasion of the 50th anniversary manÐboth literally and figuratively. He is one service was incorporated as a volunteer emer- of their joint achievements. E1700 CONGRESSIONAL RECORD — Extensions of Remarks September 11, 1998 TRIBUTE TO COLORADO TIMBER ENGLISH LANGUAGE FLUENCY TRIBUTE TO CHAMPIONS INDUSTRY ASSOCIATION AND ACT THE INTERMOUNTAIN FORESTRY HON. BOB SCHAFFER SPEECH OF OF COLORADO HON. BOB STUMP IN THE HOUSE OF REPRESENTATIVES HON. BOB SCHAFFER OF ARIZONA Friday, September 11, 1998 OF COLORADO IN THE HOUSE OF REPRESENTATIVES Mr. BOB SCHAFFER of Colorado. Mr. IN THE HOUSE OF REPRESENTATIVES Thursday, September 10, 1998 Speaker, I rise today to pay tribute to some of my constituents for their hard work, dedication Friday, September 11, 1998 The House in Committee of the Whole and excellence in an elite and competitive House on the State of the Union had under fieldÐhorse judging. Mr. Speaker, Robert consideration the bill (H.R. 3829) to amend Mr. BOB SCHAFFER of Colorado. Mr. Dehn, Kay Gibson, Meghan Hankhammer, Speaker, I rise today to pay tribute to the Col- the Elementary and Secondary Education Act of 1965 to establish a program to help Amber Martin and their coach, Ron Stephens orado Timber Industry Association (CTIA) and children and youth learn English, and for earned the highest honor in a horse judging Intermountain Forestry for their hard work, other purposes: competition in Fort Worth, Texas. These tal- dedication and service to the people of Colo- Mr. STUMP. Mr. Chairman, I rise today in ented youths won the World Championship in rado. Gary and Cathy Jones of CTIA, as well strong support of H.R. 3892, the English Lan- the American Junior Paint Horse Association as Diane Hoppe and Tom Troxell with Inter- guage Fluency Act. I believe that it is time this horse judging competition in July. They set a mountain Forestry have been good advocates Congress said the era of mandatory bilingual fine example of the tremendous accomplish- for common sense and good policy within the education is over. ments our youth can achieve with the right at- Forest Service. During the August recess, There are too many ways for the anti- titude and a competitive spirit. I congratulate Gary and Cathy Jones of CTIA organized and English lobby to defy the will of the people on them for their award, their achievements with led a tour of the Routt Blowdown near Steam- this matter. Let me cite just two examples. 4±H, and for representing Colorado so well. boat Springs, Colorado. The tour was flaw- When the voters of California said no to bilin- f lessly done and informative. Representatives gual education, our own Department of Edu- LARRY WILLIAMS RETIRES AS DI- from the local counties, the state legislature, cation was threatening an investigation. Ac- RECTOR OF THE SIERRA CLUB’S Club 20, the Forest Service and some of Colo- cording to the Washington Post of August 3, INTERNATIONAL PROGRAM rado's congressional offices were present. 1998, San Francisco schools claim to be Colorado has 3,148,182 acres of wilder- under a court order from the 1970's which HON. NANCY PELOSI ness. Of the 2,841,000 acres suitable for har- mandates bilingual education. OF CALIFORNIA vest, only 12,354 acres were harvested in If the English Language Fluency Act is IN THE HOUSE OF REPRESENTATIVES passed, the Department of Education will no 1996. There is a total of 13,867,569 acres of Friday, September 11, 1998 national forest lands in Colorado (excluding longer have the power to bully schools and the National Grasslands). Forest timber sale school districts into adopting the failed ap- Ms. PELOSI. Mr. Speaker, I rise today to targets have decreased roughly 50% since proach of bilingual education. If the English express my appreciation for and heartfelt 1990 (excluding some of this year's salvage Language Fluency Act is passed, school dis- thanks to Larry Williams, who is retiring from his post as Director of the Sierra Club's Inter- sales). Meanwhile, forest growth has out tricts will be freed from voluntary Compliance national Program. For the past seventeen paced harvest on suitable lands by roughly Agreements which mandate bilingual edu- years, Larry has taken a leadership role in 400%. Logging is responsible for only 2% of cation. We have tried the bilingual approach for 30 promoting the protection of the environment the tree mortality in Colorado. Disease and in- years now, Mr. Chairman. The record of this on the international level and people around sects are the most well-known causes of tree program is an unbroken string of failure. All the world are the beneficiaries of his vision, mortality. Due to political pressure, the Forest the legislation before us today does is give his dedication and his unrelenting advocacy. Service will build only 8 miles of new roads schools, school districts and parents a choice. Larry is a true champion of the global environ- and salvage will be excluded from ``roadless'' Some may continue bilingual education pro- ment and, therefore, a champion for this areas. Unfortunately, it seems political pres- grams if they feel it is in their best interests. world's children and for our future. sure has affected how the Forest Service will If the taxpayers of a community support that One of Larry's major successes, on which deal with the Routt blowdown too. approach, it is not Congress' business. Nor we worked closely, was the development and The Forest Service has received $4.8 mil- should it be the federal government's business passage of legislation requiring the multilateral lion from the emergency supplemental appro- to force communities to continue to pay for development banks (MDBs) to do environ- priations bills, but not enough has gone to on- these gold-plated, failed bilingual educational mental impact assessments and to make the-ground management. I was dismayed to programs. those assessments publicly available for MDB- learn that the Forest Service proposes only to H.R. 3892 is a parent empowerment bill and financed projects. With the implementation of salvage 7% of the 20,000 acre blowdown. The a community empowerment bill. H.R. 3892 this legislation, now known as the ``Pelosi Forest Service proposes to leave the vast ma- frees schools to do what they think best to Amendment,'' new environmental policies and jority of good timber to insects and decay. educate the children in their care. This is the standards have been set internationally. Even more alarming is that a vast tinderbox of same approach taken by my Declaration of Ten years ago, MDB-financed projects like dead and dying trees lies waiting for a care- Official Language Act (H.R. 622). I urge my highways, dams, irrigation works and power less match or lightning strike to ignite. colleagues to pass the English Language Flu- plants, would largely be built without regard for ency Act and return education to local authori- their irreversible impacts on the environment Salvage operations will help, but many ties. and without the informed participation of af- areas that could have been harvested eco- f fected communities. The prevailing approach nomically with on-the-ground techniques are to large-scale development projects was to set-aside for helicopters, or left untouched. PERSONAL EXPLANATION build them first and worry about the con- Thankfully, Frank Cross, the Forest Service sequences later. Local citizens were often the Blowndown Team Leader committed to a HON. BOB ETHERIDGE last to know that important wetlands would be demonstration project to explore other logging OF NORTH CAROLINA drained, rivers diverted, forests cut down, or methods should the Jetstream Sale fail to at- IN THE HOUSE OF REPRESENTATIVES entire communities displaced by projects sup- tract much attention. I am hopeful that the For- ported by US tax dollars. With Larry Williams' est Service will look past what is politically Friday, September 11, 1998 leadership, the Pelosi Amendment to the Inter- popular and take more aggressive steps to Mr. ETHERIDGE. Mr. Speaker, during yes- national Development and Finance Act of deal with this natural disaster. I thank Gary terday's proceedings, I was inadvertently ab- 1989 changed that. Now, citizens in commu- and Cathy Jones for all their hard work on this sent from the Chamber during two votes. Had nities from the Amazon River Basin to the issue. It is clear they are strong advocates for I been present, I would have voted ``No'' on Himalayas and all other points around the active management, forest health and diver- both Rollcall votes 423 and 424. I ask that this world have access to information about pro- sity. I commend them for their efforts and look statement be included in the appropriate place posed MDB projects that will have major im- forward to working with them in the future. in the RECORD. pacts on their lives. CONGRESSIONAL RECORD — Extensions of Remarks E1701 The Pelosi Amendment has been the Trojan proficiency, and my school district tells me that 500 members of the IAFPE gathered in near- horse for transparency, participation and ac- an average of 2.9 years of bilingual instruc- by Chantilly, Virginia for its annual convention countability at the MDBs. For the first time, tional education is necessary before these stu- and to elect a new slate of officers. citizens were given the right to know in ad- dents can be mainstreamed with the skills During the course of the convention, the vance what projects their government and the necessary to achieve proficiency in English. IAFPE unanimously selected Swadesh Banks had planned. Knowledge is power. Mr. Chairman, this bill ignores the needs of Chatterjee as its new president. As a senior More citizens now know about, comment on, these students; it ignores the results of recent member of the House International Relations monitor or participate in Bank-financed research; and it ignores the very practical Committee, and particularly as someone who projects than at any time in the past, with the needs of school districts like mine, that must has supported a strong relationship between hoped-for effect of improving projects and miti- teach English to tens of thousands of young- the United States and India, it has been my gating environmental impacts. sters who speak some other language at privilege to get to know Mr. Chatterjee. He has Larry Williams, the tireless international home. worked tirelessly with key decision makers in campaigner for the Sierra Club, was one of I urge the defeat of this bill. Washington to help the world's oldest democ- the primary forces behind the MDB reform f racy become better friends with the world's campaign that led to the development, pas- largest democracy. It is a fitting tribute to his sage, and implementation of the Pelosi TRIBUTE TO STANLEY HOTEL AND work that Swadesh was elected to this post. Amendment. Larry's leadership brought STANLEY MUSEUM Mr. Speaker, we are a nation of immigrants. changes to the World Bank which one ob- Swadesh Chatterjee's life is the classic suc- server said were the outcome of ``four years of HON. BOB SCHAFFER cess story of an American citizen who immi- congressional hearings and constant badger- OF COLORADO grated to this country and rose to become a ing by environmentalists.'' IN THE HOUSE OF REPRESENTATIVES leader in his community. Swadesh was born in Calcutta, India, where his mother still resides, Larry Williams has touched the lives of mil- Friday, September 11, 1998 lions of people who will never know directly of and graduated in 1965 from Calcutta Univer- his untiring efforts on their behalf. I commend Mr. BOB SCHAFFER of Colorado. Mr. sity with a degree in physics. Four years later him for his untiring efforts and am honored to Speaker, I rise today to pay tribute to all of he obtained a second degree in electronic en- have been able to work with him. We will miss those involved with the operations and man- gineering from Jadapur University. Swadesh him. agement of the Stanley Hotel and Stanley Mu- came to the United States in 1980 to become f seum in Estes Park, Colorado. Since 1990, the plant manager of Brandt Instruments, a the Stanley Hotel has offered fine service and manufacturer of process control instrumenta- ENGLISH LANGUAGE FLUENCY grand accommodations at the gateway to tion located in the Raleigh-Durham area of ACT Rocky Mountain National Park. I commend the North Carolina. From this position, Swadesh proprietors for continuing that tradition and ac- was promoted to Executive Vice President SPEECH OF commodating a museum celebrating the and, for the past five years, he has served as HON. CARRIE P. MEEK area's history. On June 9, the Stanley Mu- the company's President. Under Swadesh's di- OF FLORIDA seum was opened to showcase a collection of rection, Brandt Instruments has been ex- IN THE HOUSE OF REPRESENTATIVES artifacts and mementos related to the enter- tremely successful with its operating profits prising brothers, Frances Edgar (F.E.) and growing 170 percent during the last three Thursday, September 10, 1998 Freelan Oscar (F.O.) Stanley. Born in Maine in years. The House in Committee of the Whole 1849, the restless twins are famous for their Swadesh is married to Dr. Manjusri House on the State of the Union had under inventions and ingenuity. To speed up their Chatterjee, a psychiatrist in Cary, North Caro- consideration the bill (H.R. 3829) to amend early work as artists, the twins invented the lina. The couple have one daughter, Sopini, the Elementary and Secondary Education airbrush. When photography occupied too and a son, Souvik. Act of 1965 to establish a program to help much of their time, they invented a method to Swadesh Chatterjee has proven to be an children and youth learn English, and for dry-plate photography to speed up the proc- exemplary citizen of the United States. He has other purposes: essing. The Stanley brothers' love for music become a successful businessman, civic lead- Ms. MEEK of Florida. Mr. Chairman, I rise inspired them to produce fine violinsÐnearly er and advocate for the interests of the Indian in opposition to this bill and ask unanimous 2,500 of them. The twins were also well- American community in Raleigh, North Caro- consent to revise and extend my remarks. known for inventing the famous Stanley lina, and in Washington, D.C. Politicians on We have before us a very overt attack on a Steamer. F.O. Stanley suffered from tuber- both sides of the aisle have sought Swadesh's very effective program that helps children for culosis and moved to Estes Park for the high, wise counsel and support. I know my col- whom English is not their family's language. dry climate. A notorious gambler, he virtually leagues join me in congratulating Swadesh on Learning takes place at several levels based established tourism in the Estes Valley. The his election to the presidency of the IAFPE on the individual's ability and capacity. Re- Stanley Museum highlights the many contribu- and wishing him continued success in the search clearly indicates that it takes a mini- tions of the Stanley Brothers and pays tribute years ahead. Swadesh's story is a reminder to mum of three to five years for such children to to their lasting legacy. Through the many arti- all that the Indian American community is one become functionally proficient in English. facts, mementos and photographs displayed, of our country's best human resources, as well English proficiency is essential in order to be one can truly appreciate the Stanley's influ- as success stories. It is also wonderful proof successful in the mainstream society. ence on Colorado and the nation. I commend that the United States is strong because we The bill essentially ignores this fact, by limit- Marty Yochum, Frank Riggs and all of the mu- have welcomed immigrants to our shores, as ing to two years funding for students who seum docents for their hard work and dedica- they search for a better life for themselves, have limited English proficiency. The bill also tion to this valuable effort. and better proof yet that we should continue to jeopardizes the potential for any increase in f do so in the future. qualified bilingual teachers by eliminating fed- f eral grants for university teacher training pro- HONORING SWADESH CHATTERJEE grams. AND THE INDIAN AMERICAN IN MEMORY OF HAROLD A. I strongly embrace the notion that children FORUM FOR POLITICAL EDU- BREIER, FORMER MILWAUKEE need to learn English as quickly as possible. CATION CHIEF OF POLICE But, bilingual programs should be designed to ensure that children achieve the highest aca- HON. GARY L. ACKERMAN HON. GERALD D. KLECZKA demic standards that their ability allows. They OF NEW YORK OF WISCONSIN should not be subject to some arbitrary dead- IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES line that would prevent classroom teachers and local administrators from doing what is Friday, September 11, 1998 Friday, September 11, 1998 best for each child. Mr. ACKERMAN. Mr. Speaker, the Indian Mr. KLECZKA. Mr. Speaker, I rise today to Mr. Chairman I represent Miami and Dade American Forum for Political Education is one honor Harold A. Breier, our former chief of po- County, Florida, the Fourth largest school sys- of the oldest and most respected Indian Amer- lice in Milwaukee who died Wednesday at the tem in the country. We have approximately ican community organizations in the United age of 87. Mr. Breier's name was synonymous 40,000 active students with limited English States. During the August recess more than with law and order in Milwaukee. E1702 CONGRESSIONAL RECORD — Extensions of Remarks September 11, 1998 Many compare his stature to a rock of gran- Currently, NCWCD is working with the Bu- I would like to recognize two people on my ite, immovable to the waves of controversy reau of Reclamation on the issue of dam staff, Christopher Bremer and Bill Wilson, both that sometimes washed over him. He ruled seepage at Horsetooth. The seepage is not of whom put in long hours of work in develop- with an iron fist but a soft heart for those he serious according to NCWCD and the Bureau, ing the Edison legislation. Without their excep- called the good people of Milwaukee. but both entities are concerned about public tional efforts, this bill would never have Mr. Breier devoted more than 44 years to reaction. I understand a recent public meeting reached this point. All too often the contribu- law enforcement with the Milwaukee Police on the topic went far to address the concerns tions of Hill staff are unacknowledged and I Department. He was chief of police during of local citizens. Drill testing is occurring now want to extend my deepest thanks to them some of the most tumultuous times in Milwau- to determine how the dam is settling. The both for their efforts. kee and was a man of action who disdained NCWCD would also like to do a land ex- f sitting behind a desk. He remained a tough change to acquire land appurtenant to the ENDING VIOLENCE AGAINST street cop throughout his career and was con- Windy Gap pipeline. The exchange is pro- WOMEN sidered a crack marksman, who shot three ceeding administratively, and I have encour- criminal suspects in the line of duty during his aged the Forest Service to facilitate that proc- career. None of them died from their wounds. ess. HON. SCOTTY BAESLER He climbed quickly through the ranks and The Poudre River Corridor Act is also im- OF KENTUCKY was first promoted to detective in 1946, serv- portant to NCWCD. Under the Act, a state IN THE HOUSE OF REPRESENTATIVES ing on the vice squad. After that followed pro- commission is to be set up for innovative Friday, September 11, 1998 motions in swift succession; lieutenant in projects and ideas. I am following up with Mr. BAESLER. Mr. Speaker, yesterday 1954, captain in 1958, deputy inspector in technical corrections needed to help establish marked the kickoff of ``Ending Violence 1960, inspector of detectives in 1962 and chief this long-overdue commission. I look forward Against Women'' month back in my home of police on February 15, 1964, a position he to working on these and other issues with all state of Kentucky. Dozens of groups, including would hold for more than 20 years. of the hard-working, dedicated people of the the Kentucky Women Advocates, the Ken- Mr. Breier has been praised as a valued Northern Colorado Water Conservancy Dis- tucky Nurses Association, Metropolitan Wom- and trusted leader, a man who played no fa- trict. They have my strong support and com- en's Association, civic groups and good cor- vorites in the enforcement of the law, and a mendations for supplying Colorado's farms, porate citizens joined together at the Galleria tough guy who, at the same time, was very ranches and cities with safe, clean water. I in Louisville today to mark the occasion with a sensitive to his family and especially his wife. look forward to working with the NCWCD on rally, speeches, and proclamations. Mr. Breier was married to his wife Eleanore these and other important issues. Kentucky's advocacy communityÐespecially for 57 years. He courted her for seven years f these groups and the Governor's Office on before they married. Through the years, be- THOMAS ALVA EDISON Child Abuse and Domestic Violence Serv- fore her death in May at the age of 82, Mr. COMMEMORATIVE COIN ACT icesÐhas done an excellent job raising public Breier did much of the cooking, grocery shop- awareness about the urgency of this issue. ping and house cleaning. He also cultivated SPEECH OF This week I became a cosponsor of the Vio- flowers and vegetables in his backyard. lence Against Women Act II. He was a true product of the South side, a HON. PAUL E. GILLMOR I do so because, although the first Violence working man before his career in law enforce- OFOHIO Against Women Act has made great strides, ment, who held jobs as a timekeeper, an elec- IN THE HOUSE OF REPRESENTATIVES an estimated three to four million American trician's helper, a factory inspector and Wednesday, September 9, 1998 women are assaulted each year by their hus- tempoary sheriff's deputy. He also played left Mr. GILLMOR. Mr. Speaker, when I intro- bands or partners. In Kentucky alone, 27,758 tackle on the Braumeister Beers and other duced this bill on February 11, 1997, Thomas temporary protective orders and 18,252 emer- teams in an amateur football league called the Edison's 150th birthday, I had no idea what a gency protective orders are issued annually. West Allis Majors. monumental task getting a coin bill to the floor I do so because domestic violence is still Mr. Speaker, Harold Breier's memory is is. Obtaining 290 cosponsors is no small task, the least reported crime in the United States, cherished by many in Milwaukee. We offer and I particularly want to thank some of the but remains one of the most tragic, hurtful, and destructive crimes to the lives of citizens condolences to his daughter Suzanne and his original cosponsorsÐDavid Bonior, Jerry Solo- of my state and our nation. Clearly, more must son Thomas. We will miss his no-nonsense, mon, Don Payne, and Porter GossÐfor their straight shooting approach to life. His devotion be done. exceptional efforts in making this bill possible. I am especially proud to cosponsor VAWA II to duty stands as an example to us all. The coin to be issued will honor the world's because it renews the Rural Domestic Vio- f greatest inventor, Thomas Edison, and the ef- lence provisions authored by myself and fort to get it minted reminds me of one of his Reps. Long and Ewing in the 103rd Congress. TRIBUTE TO NORTHERN COLO- many famous sayings, ``Genius is 1 percent This effort has sent more than $250,000 to RADO WATER CONSERVANCY inspiration, 99 percent perspiration.'' DISTRICT To re-awaken America to the history of this Kentucky to protect some of the most vulner- national hero, this bill commemorates the able women in my home stateÐthose who live HON. BOB SCHAFFER 125th anniversary of the lightbulb, which Edi- in rural areas. Mr. Speaker, we are living in a time of re- OF COLORADO son invented in 1879. The Treasury is author- markable prosperity and peace. But the fact ized to issue a one-dollar commemorative coin IN THE HOUSE OF REPRESENTATIVES remains that too many homes are wracked by in 2004 bearing Edison's likeness. The sur- Friday, September 11, 1998 domestic violence. Just as we must always charges from the sale of the coins will be used work to ensure our nation's security and Mr. BOB SCHAFFER of Colorado. Mr. to help fund eight different Edison locations peace abroad, we must continue to work to Speaker, I rise today to pay tribute to the across the country dedicated to extending ensure the physical security and peace of Northern Colorado Water Conservancy District Edison's legacy. This bill has no net cost to mind for the women across America. (NCWCD). During the August district work pe- the federal government. riod, Mr. Eric Wilkinson and Mr. Brian Werner Edison was born in my district and last year, f were kind enough to spend some time speak- the Edison Birthplace museum in my district in AN EDUCATIONAL MEETING WITH ing with a member of my staff. NCWCD took Milan, Ohio, was so strapped for funds that it THE COLORADO CATTLEMEN’S two busloads of interested people on their an- asked local officials for help with the electric ASSOCIATION AND COLORADO nual Colorado-Big Thompson Project, West bill. Other Edison sites across the country are WOOLGROWERS Slope tour. There, Eric, Brian and others faced with similar financial difficulties. shared hours of information, history and sto- Edison was the most prolific inventor in ries regarding one of Colorado's most impor- HON. BOB SCHAFFER American history with more that 1,300 patents. OF COLORADO tant water projects. Their tour is a real tribute In addition to the lighbulb, these inventions in- IN THE HOUSE OF REPRESENTATIVES to the public and serves to educate scores of clude that stock ticker, the electronic vote re- people on the importance of water to Colo- corder, and the phonograph. Friday, September 11, 1998 rado. I commend the district for conducting This coin bill will be a suitable memorial of Mr. BOB SCHAFFER of Colorado. Mr. these wonderful tours and for their other im- Thomas Edison, and will also provide needed Speaker, Kent Lebsack of the Colorado Cattle- portant public outreach projects. help to many historical sits across America. men's Association and Sandy Snider of the CONGRESSIONAL RECORD — Extensions of Remarks E1703 Colorado Woolgrowers were nice enough to a reputation as an unapologetic fiscal watch- In 1923, the Township of Hillsdale became invite my staff into a special meeting about dog always looking out for the interests of the the Borough of Hillsdale and presently main- Wildlife Services funding during the August taxpayer. tains this form of government. district work period. I was very interested to Mr. Speaker, there are three facets of Louie As the population began to increase, so learn that the U.S. Fish and Wildlife Service is Goldstein's time in office which will help define also did the resort nature of this town in the threatening to withhold Wildlife Services funds his legacy. First, he brought to his responsibil- ``country.'' The population continued to expand unless Colorado returns the responsibility for ities an unbridled enthusiasm, passion, and and with it, so did the charm of the commu- predator control from the state Department of commitment for public service not often seen nity. Several housing developments were Agriculture to the Colorado Division of Wildlife. today. Second, he understood the importance started during the first few decades of the cen- Farmers and ranchers are now reimbursed of customer service, and strove to make the tury, with need falling off during the Depres- with federal funds when they prove that moun- Maryland Comptroller's Office work for the sion. Construction was revitalized in the 1940s tain lions or bears (as opposed to coyotesÐ state's taxpayers, rather than the other way and 1950s, adding many homes to meet the which producers can legally shoot) have killed around. Third, he brought a high degree of ex- ever-increasing desire to reside in the town. stock. Under state law, producers must have cellence to his duties, as evidenced by the Today, Hillsdale's population is at 9,750 with someone from the state inspect the carcass to fact that Maryland has consistently maintained five farms, and 97 commercial establishments attempt to identify what killed the animal. its Triple A bond rating during his wise stew- lying within the three square miles. During the meeting, one producer ex- ardship. In celebration of the town's 100th birthday, pressed some concern about granting Most Mr. Speaker, it may be difficult for anyone many events have taken place following the Favored Nation (MFN) trade status to South outside of Maryland to understand that, for theme of ``Looking Forward, Stepping Back,'' Africa. The topic of water, always important to decades, our tax collector was our state's in which each month represents a decade Colorado agriculture, also came up. I want to most beloved public servant. This strange di- from the 1890's (January) through to the year assure my constituents that I will be paying chotomy is Louie's most enduring legacy. No- 2000 (December). In January, the ``Klondike very close attention to the issues of predator body will ever replace Louie Goldstein's Gold Rush of 1899s in Beechwood Park''Ðin control and state primacy over water rights. As unique place in the hearts of Marylanders, nor which children searched for ``golden nuggets'' the Environmental Protection Agency contin- should anyone ever try. I extend my personal and traded them for candyÐwas the premiere ues to work on rules for animal feeding oper- condolences to Louie's children, Philip Gold- event of the year. Also that month, the Cen- ations, and ill-conceived initiatives from Wash- stein, Louisa Goldstein and Margaret Janney. tennial Committee sponsored the ``Hillsdale ington continue to threaten Colorado water More importantly, I thank them for their fa- Exposition of 1890s,'' for which school classes and agriculture, I will continue fighting for the ther's rich legacy of service to the citizens of and organizations created displays represent- rights of my constituents to carry on their pro- Maryland. ing events of the 1890s. Other events, includ- ductive lives and businesses without undue f ing a town-wide birthday bash, pet parade, an- and inappropriate government intervention. I 100TH ANNIVERSARY OF tique show, monthly movie nights, golf outing, commend the Colorado Cattlemen's Associa- HILLSDALE, NEW JERSEY Earth Day cleanup and more have all added tion and the Colorado Woolgrowers for all of to the celebration. Still to come, the Centen- their hard work and efforts on behalf of agri- HON. MARGE ROUKEMA nial Committee has planned a Centennial Ball, culture, and I look forward to working with OF NEW JERSEY town-wide picnic with fireworks and a week- them on these and other important issues. IN THE HOUSE OF REPRESENTATIVES long ``Harvesting of the Quilts'' display. A jour- f nal commemorating the town's last century is Friday, September 11, 1998 also being published. A Centennial Garden THE HONORABLE LOUIS L. Mrs. ROUKEMA. Mr. Speaker, I rise to con- has been planted in the center of town. With GOLDSTEIN gratulate the Borough of Hillsdale on its 100th the Centennial Committee's help, Hillsdale anniversary as an independent municipality in adopted a borough flag designed by one of its HON. ROBERT L. EHRLICH, JR. the State of New Jersey. The people of Hills- residents. OF MARYLAND dale this year are celebrating the many virtues Hillsdale looks toward the future with antici- IN THE HOUSE OF REPRESENTATIVES of their wonderful community. Hillsdale is a pation of all that is yet to come. A time cap- Friday, September 11, 1998 good place to call home. It has the outstand- sule will be buried at the end of this year to ing schools, safe streets, family oriented ensure that future residents of Hillsdale will be Mr. EHRLICH. Mr. Speaker, July 4, 1998 neighborhoods, civic volunteerism and com- able to see Hillsdale as it is today and as it was a bittersweet day for most folks in Mary- munity values that make it an outstanding has been since its foundation. land. Although they celebrated our nation's place to live and raise a family. Hillsdale of one of the finest communities in 222nd birthday with much fanfare, a legendary Hillsdale became a township in 1898 when the State of New Jersey. This community is public servant who had been a mainstay in it broke away from the Township of Washing- symbolic of traditional American values. The Maryland's Fourth of July celebrations, as well ton. Hillsdale got its name from the railroad residents work hard, are dedicated to their as a fixture in the lives of the state's citizens station and its first schoolhouse. families, support their schools and volunteer to for decades, was absent. Predominantly a farming community prior to help their neighbors. I ask all my colleagues to Maryland State Comptroller Louis L. Gold- the advancement of the railroad into the area join me in wishing all its residents continued stein died unexpectedly on the eve of the in 1870, the town flourished with the new success as their borough enters its second Fourth at the age of 85. Comptroller Goldstein, transportation system making it only about an century. or ``Louie,'' as he was known to his many hour's journey from New York City. Hillsdale f thousands of friends across Maryland, served quickly became a ``railroad town'' as the New a record 10 terms as Maryland's tax collector, Jersey and New York Railroad Company se- INNOVATIONS ACHIEVED AT THE and had held elective office since 1937, when lected it as the site of roundhouse, turntable, COLORADO STATE UNIVERSITY he entered the Maryland State Senate. To car shops, water tower and coaling station. MECHANICAL ENGINEERING DE- most of our state's citizens, he was the only Locomotives were stored overnight at Hills- PARTMENT Comptroller they had ever known. dale, making it the natural home of railroad Louie was a study in contradictions. He was workers. At one point, the majority of the HON. BOB SCHAFFER an old-style political barnstormer who walked town's population worked directly or indirectly OF COLORADO across his native Calvert County in search of for the railroad. IN THE HOUSE OF REPRESENTATIVES votes, and who once shook hands with a man- The Hillsdale Railroad Station became a nikin. At the same time, he had an account- focal point of the community. In addition to Friday, September 11, 1998 ant's feel for numbers and an intuitive mastery providing transportation services, its second Mr. BOB SCHAFFER of Colorado. Mr. of the intricacies of Maryland government. He floor offered meeting space for the Fire Asso- Speaker, during the district work period, engi- mingled with the farmers in Southern Maryland ciation, Improvement Association, religious neers at the Colorado State University Me- and the bankers on Wall Street with equal services of the Episcopal Church and various chanical Engineering Department extended an ease. He could make it to a political breakfast political groups. By 1883, there were 20 daily opportunity for me and my staff to view first- on Maryland's Eastern Shore, and be back to round trips to New York. The railroad, now a hand several significant and far-reaching inno- Annapolis in time for a meeting of the powerful part of New Jersey Transit, continues to serve vations achieved in their laboratories. As a key Board of Public Works, where he established commuters headed to and from Manhattan. participant in energy conservation research at E1704 CONGRESSIONAL RECORD — Extensions of Remarks September 11, 1998 the national level, CSU engineers and stu- Hun Sen is fooling no one. The election was Stein, a corporal in the U.S. Marine Corps, dents are developing clean-running engines, stolen. He now hopes to intimidate freedom was the first Daytonian to be honored with methods to mass-produce solar cells, and loving Cambodians. The attacks on Buddhist the Congressional Medal of Honor for service during World War II. other cutting-edge technology. monks and peaceful demonstrators serves The two-block street, adjacent to the war At the Engines and Energy Conversion Lab- only to confirm that he is a dictator and an monument at Keowee and Valley streets in oratory (EECL), housed in the old Fort Collins enemy to anyone who loves freedom. As his Old North Dayton, was renamed Tony Stein powerplant, engineers are designing industrial thugsÐwhether in uniform or civilian cloth- Way in May 1987 in honor of the former Kiser and automotive engines which need less en- ingÐmercilessly shoot and beat freedom lov- High School student who worked at the ergy to operate and release less exhaust. The ing CambodiansÐincluding old women and Delco Products division of General Motors lab has strong support from the natural gas in- children, it's clear Hun Sen still has the same Corp. before joining the Marines in Septem- dustry which has already begun to implement lack of human morality as when he was a ber 1942. A destroyer escort named after Stein was the new technology. Through cooperation be- commander in Pol Pot's genocidal army. tween the University, industry and federal launched in Seattle, Wash., in 1970. An Amer- Hun Sen must not be permitted to become ican Legion post—the Tony Stein American agencies, clean-air efforts are progressing with a new Pol Pot. This is a turning point in his- Legion Post No. 619—also was named in his greater speed and efficiency than with tradi- tory. Those young Cambodians in uniforms honor. tional regulatory methods. The Environmental and their commanders must not support Hun Now, after lobbying from residents of Old Protection Agency and the City of Denver Sen. They should defend those courageous North Dayton, city commissioners on Aug. 26 have awarded EECL grants to develop clean- Cambodians who seek Democracy. If Hun unanimously approved naming the bridge air engine technology. The National Science Sen is permitted to become Cambodia's new over the Mad River at Keowee Street the Tony Stein Memorial Bridge. Foundation commissioned the lab to build an Pol Pot, he will murder Cambodia's future and online engine which scientists can access In a letter of support, Northeast Priority hand the country over to foreigners who seek Board chairman Joe Kanak wrote, ‘‘This ges- from around the world. Additionally, the lab's to enslave the Cambodian people. ture would be in honor of a notable war hero automobile engines are some of the fastest, Only the courage of the Cambodian people who was born and lived in Dayton, and would highest mileage natural gas engines in the will permit this, but they should know that free- also represent our respect for the many lives country. dom loving people, especially here in the given in battle to defend and preserve de- The Mechanical Engineering Department is United States, are praying for them. In spirit, mocracy.’’ also involved in creating a method for the pro- we are on their side. Ultimately, it is the cour- Ronald Brookey of the Kiser High School Alumni Association also urged commis- duction of solar cells. The high cost of solar age and ideals of the Cambodian people that cell production has prevented most house- sioners to approve the change. will make the difference. Brookey said Stein, a graduate of the holds and small businesses from making sig- I and all Americans wish you success in this school, deserved the bridge honor because he nificant use of this energy-saving technology. struggle. died protecting the country. The Department is discovering a method for f ‘‘The memorial bridge would not be a me- mass-production which will lower the price morial to war, but a memorial to the sac- while increasing reliability and worker safety. TONY STEIN: AMERICAN HERO rifice of a north Dayton citizen,’’ Brookey Also of note, CSU participates in the De- said. partment of Energy's Industrial Assessment HON. TONY P. HALL Stein, who was 22, was killed less than two weeks after he earned the medal during the Program offering free energy, waste, and pro- OF OHIO initial assault on Iwo Jima on Feb. 19, 1945. ductivity assessments to small and mid-sized IN THE HOUSE OF REPRESENTATIVES The citation awarding the medal to Stein manufacturers. Assessments usually result in Friday, September 11, 1998 stated: annual cost savings of $55,000 to these busi- ‘‘After hitting the beach at Iwo Jima, nesses. CSU is the only university in the Mr. HALL of Ohio. Mr. Speaker, I am hon- Stein, armed with a personally devised air- mountain state region to provide this service. ored to bring to the attention of my colleagues craft-type weapons, provided rapid covering The Head of the Mechanical Engineering the sacrifices of Tony Stein, an American hero fire as his platoon moved into position. Department, Dr. Tim Tong believes that ad- from Dayton, Ohio, the principal city in my dis- ‘‘When his comrades were stalled by ma- vancements in energy conservation will con- trict. As a corporal in the Marine Corps, he chine gun and mortar fire, Stein stood up in tinue as energy is deregulated. He and mem- took part in the initial assault on the island of the enemy’s view in order to learn their posi- Iwo Jima and became the first Daytonian to tion. bers of his department are working to ensure ‘‘He charged enemy pillboxes one by one, that Colorado State University will continue to receive the Congressional Medal of Honor in killing 20 of the enemy during a ferocious as- play a vital role in energy research and devel- World War II. sault. Stein ran out of ammunition and re- opment into the next century. I would like to After hitting the beach, Corporal Stein moved his helmet and shoes for ease of move- thank Dr. Tim Tong, the Head of the Mechani- showed selfless courage at great personal risk ment in returning to the beach. He made cal Engineering Department, Dr. Bryan to protect his fellow soldiers. His initiative, eight trips to the beach under furious fire, Willson, the Director of the EECL, and Robert bravery, and unflagging devotion to duty carrying or assisting a wounded man each helped ensure the success of our war effort. time, and returning with ammunition. Enzenroth for their time and for their commit- ‘‘Stein then directed fire against an enemy ment to this important endeavor. He was killed in action on March 1, 1945, ten days after he received the Medal of Honor. pillbox, destroying the unit. Later in the Mr. Speaker, these professionals are provid- day, although his weapon was shot from his ing academic and scientific leadership for the Last month, the Dayton City Commission hands twice, he personally covered the with- nation. I commend their work to all Members voted to name the Keowee Street Bridge in drawal of his platoon to the company posi- of the House and stand eager to provide fur- Stein's North Dayton neighborhood the Tony tion.’’ ther information about the Colorado State Uni- Stein Memorial Bridge. On March 1, 1945, 10 days after receiving versity Mechanical Engineering Department This Saturday, Tony Stein will be honored at the Medal of Honor, Stein was killed in the a ceremony at the bridge marking the new battle for Mount Suribachi on Iwo Jima. He upon request of any colleague. was the first of four Daytonians to receive f name. In doing so, the City will pay tribute to an American hero and to all veterans who the Congressional Medal of Honor HUN SEN IS BECOMING gave of themselves in the service of our coun- f CAMBODIA’S NEW POL POT try. I commend to my colleagues an article A TRIBUTE TO REVEREND THEBO HON. DANA ROHRABACHER about Stein which appeared in the September AND THE OPEN DOOR MISSION OF CALIFORNIA 3, 1998 issue of the Dayton Daily News. IN THE HOUSE OF REPRESENTATIVES [From the Dayton Daily News, Sept. 3, 1998] HON. BOB SCHAFFER OF COLORADO Friday, September 11, 1998 BRIDGE A MEMORIAL TO TONY STEIN IN THE HOUSE OF REPRESENTATIVES Mr. ROHRABACHER. Mr. Speaker, today I (By Derek All) have introduced legislation in the U.S. House Mention Tony Stein’s name in some city Friday, September 11, 1998 of Representatives condemning Hun Sen as a circles and many people will probably shrug Mr. BOB SCHAFFER of Colorado. Mr. their shoulders unknowingly. war criminal. If he continues his war against Countless motorists have driven on the Speaker, during the most recent district work Democracy in Cambodia and continues order- street named in his honor, but it’s a pretty period, Reverend Thebo, the Director and ing brutality and killing, my fellow Congress- sure bet few Daytonians know much about founder of the Open Door Mission in Fort Col- men will pass this legislation the man himself. lins, Colorado, took the time to show my staff CONGRESSIONAL RECORD — Extensions of Remarks E1705 his ministry serving the city's homeless peo- lowed it to grow over the years and become children, many are descendants of illegal ple. the successful station it is today. Thanks to aliens. As you know, all children born in this The Mission, located downtown, serves the many efforts of WMPX±WMRX, the Mid- country, even those born to illegal aliens, healthy meals, provides showers, and beds. land community is kept informed. I know these enjoy American citizenship. The parents are The center is very clean because residents stations will remain an important part of the not allowed work and their children receive are expected to keep it clean. With work Midland community for many years to come. welfare payments. Many of these immigrants comes dignity and self-esteem which are es- f do work and their children do not need wel- sential to moving forward. The center also fare, however they cannot admit as much to smells surprisingly good. If you ask why, Rev- TRIBUTE TO MS. DEBORAH J. agency officials and so the checks continue to erend Thebo will tell you that he once asked LIVINGSTON be processed. God to take away the odor of despair from the Of the hard-to-serve clients, most are phys- shelter and to fill him with a new love for the HON. JAMES E. CLYBURN ically or mentally disabled, caring for sick fam- people. Now, he paints the walls several times OF SOUTH CAROLINA ily members, new mothers, or severely chal- a year. His love for the destitute is fresh each IN THE HOUSE OF REPRESENTATIVES lenged in some other way. The list is daunting, day. yet Mr. Speckman remains confident that his Friday, September 11, 1998 After 20 years working with homeless peo- agency can find employment for these individ- ple, Reverend Thebo still has a strong love for Mr. CLYBURN. Mr. Speaker, I rise today to uals or help them receive federal help for their those who have lost everything. He lends a pay tribute to Ms. Deborah J. Livingston of disability. It will take a few years and the Wel- hand and expects that hand to be grasped. Columbia, South Carolina, as she steps down fare Act needs some fine tuning, but he is The Mission's objective is to get people back from the presidency of the Elmwood Park ready for the challenge. While some counties on their feet. The Reverend has no patience Neighborhood Association. Ms. Livingston has may be content to permanently exempt part of for people who do not want to work but travel served her community well in this position, their population, Weld County has set out to from shelter to shelter in search of handouts. and her leadership will be missed. improve the lives of all. Weld County sets an But, for those who want help, the help is there Deborah Livingston has been very active in example for the nation. in abundance. the city of Columbia. She is a member of the Additionally, I would like to thank Walt Mr. Speaker, I would like to thank Reverend Columbia Council of Neighborhood Presidents, Speckman and Linda Perez for their time and Thebo, his sister who operates the women the Citizens Advisory Committee, the Boards for their commitment to improving the lives of and family program, and those who volunteer of Directors of the Historic Columbia Founda- people in Weld County. their time and money to the Open Door Mis- tion and the YWCA of the Midlands. She also f sion. May God continue to bless their ministry. serves as treasurer of the Columbia Develop- f ment Corporation. However, it has been in her THE ALEXANDER MACOMB role as President of the Elmwood Park Neigh- CITIZENS OF THE YEAR AWARD HONORING THE 50TH ANNIVER- borhood Association that I have grown to SARY OF THE MIDLAND WMDN– know and respect her work. HON. SANDER M. LEVIN WMPX RADIO STATION Elmwood Park is comprised of over 450 OF MICHIGAN households. In May 1991, it was designated IN THE HOUSE OF REPRESENTATIVES as a historic district and placed on the Na- HON. DAVE CAMP Friday, September 11, 1998 OF MICHIGAN tional register of Historic Places. In 1984 the IN THE HOUSE OF REPRESENTATIVES neighborhood received the honor as a Design Mr. LEVIN. Mr. Speaker, I rise to honor two Preservation Area by the City of Columbia. outstanding individuals, Kimberly M. Cahill and Friday, September 11, 1998 Ms. Livingston's work was also recognized by Albert L. Lorenzo, and one remarkable family, Mr. CAMP. Mr. Speaker, it is with great NationsBank with a leadership Excellence in the Petitprens, of Macomb County as they are pride that I rise today to recognize the 50th Neighborhood Development award in 1994. honored with the March of Dimes ``Alexander Anniversary Celebration of WMPX±WMRX in Mr. Speaker, I ask you to join me today in Macomb Citizens of the Year'' Award. my hometown of Midland, Michigan. Founded honoring Deborah J. Livingston for her great Kimberly M. Cahill is a a highly respected in 1948 by tele-broadcasting entrepreneur, work as President of the Elmwood Park attorney and a dedicated community activist. Phil Rich, this radio station was originally Neighborhood Association. She has been a Ms. Cahill is the president of the law firm of donned the call letters WMDN. Serving its tremendous asset to the community through Schoenherr & Cahill, P.C., and is the past public as both an entertaining, as well as, an her work to help rejuvenate downtown Colum- president of the Women Lawyers Association informative resource, WMDN has undergone bia. Her leadership will be sorely missed. of Michigan. In 1997, she received the transformation from its original talk radio pro- f Macomb County Bar Association's Civility gramming to its current format focusing more Award and was named by Crain's Detroit on musical entertainment. Moreover, as a pilot SUCCESSFUL WELFARE REFORM Business as one of the 40 top metro Detroit- station, WMDN was solely an AM station while IN WELD COUNTY, COLORADO ers under the age of 40. Ms. Cahill has used its current subsidiaries, WMPX and WMRX her influence to incorporate more women and are heard on both AM and FM stations, re- HON. BOB SCHAFFER minorities in the legal profession. In addition, spectfully, thus implying a broader outreach to OF COLORADO she has devoted her time and energy to such listeners. IN THE HOUSE OF REPRESENTATIVES important issues as public health and parent- Music has become the focal format of both ing programs for pregnant teens. radio stations, complemented by timely up- Friday, September 11, 1998 Albert L. Lorenzo has been an outstanding dated briefings of local sports, news, weather Mr. BOB SCHAFFER of Colorado. Mr. president of Macomb Community College and special events. Sounding melodies of Speaker, during the most recent district work since 1979. Under his inspired leadership, the such greats as Frank Sinatra and Nat King period I heard from Walt Speckman, Executive college has grown to become one of the na- Cole, citizens of Midland are assured quality Director of the Division of Weld County tion's largest multi-campus community col- entertainment with the depths of American cul- Human Services about the success of welfare leges and the fourth-largest grantor of associ- ture these entertainers have instilled through- reform in Weld County, Colorado. Mr. ate degrees in the United States. His back- out the past five decades. WMPX and WMRX Speckman believes that in twenty years, wel- ground in teaching and educational adminis- are two important communication vehicles that fare will be a distant memory. He is optimistic tration has afforded him opportunities to con- provide both nurturing and entertainment to and he and his staff are working to eliminate tribute to more than two dozen books and to the public. I know the Midland community can welfare and put people to work. Weld County author articles for national journals. Dr. proudly affirm the influence this radio station is changing lives by helping people to break Lorenzo was selected as one of the country's has maintained over the past fifty years. out of the cycle of dependency and despair. top 50 community college CEOs, and he has On Sunday, while citizens listen to the Already, the welfare case load has dropped been the recipient of the national ``Tom Peters music and updates provided by WMPX and 43%, making Weld County one of the most Leadership Award.'' In addition to his respon- WMRX MidlandÐthey can be proud of how successful counties in the country. sibilities at the college, Dr. Lorenzo serves on this organization has benefited the community. Those remaining in the system fall into three the Governor's Workforce Commission and It is the determination and creativity of people different categories: children, the temporarily other organizations involved in health care, like Phil RichÐfifty years agoÐthat has al- unemployed, and the hard-to-serve. Of the banking, research and human service. E1706 CONGRESSIONAL RECORD — Extensions of Remarks September 11, 1998 The Petitpren family have combined busi- The entrance uses a state-of-the-art metal Birch tells it, when he was a Court of Criminal ness experience and community responsibility detector to prevent weapons from entering the Appeals Judge, he got a speeding ticket and to make their business, Petitpren Inc., a facility. The colors of blue and tan are used to thought he might get a break from Judge Macomb County success story. The company distinguished between administration and in- Buckner. He explained to the judge that he contributes to more than 60 cultural and chari- mate areas. Cameras and multiple locking had been testing his brakes by speeding up table organizations, including Habitat for Hu- doors prevent escape. Electronic finger print- and slacking off, when he got pulled over for manity and sponsors programs to discourage ing and computerized booking expedite check speeding. Judge Buckner politely listened to underage drinking. in. Birch and then fined him anyway. Mr. Speaker, I rise to congratulate these These and other innovations contribute to a A lot has changed since James Buckner be- outstanding residents of Macomb County for controlled environment which promotes safety came judge. My very first court case as a the leadership, caring, and commitment to for the officers and the public at large. It is a fledgling, practicing attorney was before Judge their communities highlighted in this esteemed truly impressive facility. I would like to thank Buckner. For the first 11 years of his judge- award. Sheriff Jordon for his time and for his commit- ship, he handled all criminal, civil and juvenile f ment to the safety of the people in Weld cases in Rutherford County. His position was County. part-time, but it was actually a full-time job at PERSONAL EXPLANATION f part-time pay. Judge Buckner had to maintain a private law practice to make ends meet. The HON. DEBORAH PRYCE BALLISTIC MISSILE DEFENSE state legislature eased his workload somewhat OF OHIO by creating a second General Sessions judge- IN THE HOUSE OF REPRESENTATIVES HON. RON PACKARD ship to handle juvenile cases. Now, Rutherford Friday, September 11, 1998 OF CALIFORNIA County has three General Sessions judges, IN THE HOUSE OF REPRESENTATIVES four Circuit Court judges and one Chancellor. Mr. PRYCE of Ohio. Mr. Speaker, during Friday, September 11, 1998 Before he retired, Judge Buckner routinely had the week of September 9, 1998, I was absent upwards of 600 civil and criminal cases on the due to an illness in my family. I received an Mr. PACKARD. Mr. Speaker, recent world docket. The high number of cases pending official leave of absence from the Majority events have made it indisputably clear that can be attributed to the astronomical growth of Leader in this regard. America needs a missile defense system. The Rutherford County. However, had I been present, I would have North Korean missile launch, Indian and Paki- Judge Buckner is a man of integrity. His voted in the following manner on the following stani nuclear tests, and the terrorist attacks sense of public service can be traced back to legislation: targeting innocent Americans, have shown his father, George Buckner. George Buckner Wednesday, September 9, 1998 that it is critical that we address these threats was an attorney who would later serve as a H.R. 678ÐThomas Alva Edison Sesqui- before it is too late. state representative. The late Congressman centennial Commemorative Coin Act: AYE. It is of utmost importance to enact a na- Joe L. Evins' first job out of law school was as H.R. 1560ÐLewis and Clark Expedition Bi- tional antimissile defense system as soon as an attorney working for George Buckner. centennial Commemorative Coin Act: AYE. possible. In March the House passed legisla- Judge Buckner's sentencing style is well H.Res. 459ÐCommemorating 50 Years of tion authorizing additional appropriations for known in the community. After handing down Relations between the United States and the ballistic missile defenses. This legislation the appropriate sentence, he would say, Republic of Korea: AYE. would answer the emerging threat posed to ``AndÐhave a nice day.'' Well, Judge Buckner, Thursday, September 10, 1998 the United States by the development and de- I sentence you to a long and happy retirement H.R. 2863ÐMigratory Bird Treaty Reform ployment of ballistic missiles around the world. spent with family and friends. AndÐhave a Act: AYE. For the second time this year President Clin- nice day. H.R. 2538ÐGuadalupe-Hidalgo Treaty Land ton and Congressional Democrats have de- f Claims Act: AYE. feated this legislation. This is intolerable. H.R. 3892ÐEnglish Language Fluency Act: America is the military leader of the world. A TRIBUTE TO MONFORT Martinez Amendment to the Riggs Amend- Yet this administration and their democratic al- CHILDREN’S CLINIC ment (#2): NAY. lies in Congress continue to place our citizens Riggs Amendment (#2): AYE. in the line of fire. HON. BOB SCHAFFER Final Passage: AYE. Mr. Speaker, the irresponsibility that this Ad- OF COLORADO Friday, September 11, 1998 ministration has shown in helping to kill this IN THE HOUSE OF REPRESENTATIVES H.Res. 525ÐProviding for Review by the much needed legislation is appalling and puts Friday, September 11, 1998 Committee on the Judiciary of a Communica- every American family at risk. I urge my col- tion from the Independent Counsel: AYE. leagues in both Chambers to rethink this issue Mr. BOB SCHAFFER of Colorado. Mr. f and vote to support a strong missile defense Speaker, during the most recent district work system. period, the Monfort Children's Clinic opened GREELEY, COLORADO HAS STATE- f its doors once again to my staff to see the THE-ART JAIL great on-going work the clinic is providing the HONORING THE DISTINGUISHED poor children of Greeley. HON. BOB SCHAFFER CAREER OF JUDGE JAMES As you know from your visit to the center OF COLORADO BUCKNER earlier this year, the Monfort Children's Clinic IN THE HOUSE OF REPRESENTATIVES is a 15,000 square foot facility providing a va- riety of pediatric services in addition to stand- Friday, September 11, 1998 HON. BART GORDON OF TENNESSEE ard clinic care, including mental health, social Mr. BOB SCHAFFER of Colorado. Mr. IN THE HOUSE OF REPRESENTATIVES work, audiology, ophthalmology, allergy, and Speaker, during the most recent district work pediatric rehabilitation. As the clinic expands, period, Weld County Sheriff Ed Jordon ex- Friday, September 11, 1998 it will be able to offer dental care and suturing. tended an opportunity to my congressional Mr. GORDON. Mr. Speaker, I rise today to Opened in the summer of 1997, the clinic staff to view first-hand the state-of-the-art jail congratulate Judge James Buckner on his re- stands as the result of Dr. Donald Cook's in Greeley, Colorado. tirement. He has served Rutherford County for dream to bring medical care to thousands of The Weld County Jail employees new tech- the past 36 years as General Sessions Court low-income children in Weld County. Dr. Cook, nology and procedures which make it a safe Judge. a pediatric physician of 37 years, retired from and efficient facility. Offenders are housed in Judge Buckner was appointed to the judge- the clinic this summer. He will serve a year as one of three rooms which are supervised by a ship in 1962 by Governor Buford Ellington and vice president of the American Academy of control center as well as in-room officers. Offi- has won every re-election since then. Perhaps Pediatrics for a year and then one year as cer presence minimizes troublesome behavior. this is due to his way of treating peopleÐ president. Officers are encouraged to eat the same food equally and fairlyÐregardless of their social The Monfort Children's Clinic was built as inmates which also cuts down on negative status. Tennessee Supreme Court Justice through the generosity of the citizens of Weld behavior and complaining. There is no smok- A.A. Birch can testify that Judge Buckner's County. The clinic derives its name from the ing in the jail. manner of meting out justice is consistent. As Monfort Family Foundation which contributed CONGRESSIONAL RECORD — Extensions of Remarks E1707 $1 million. Although located in poverty-stricken their time and for their commitment to the chil- With the development of the Morris Canal North Greeley only a mile or so from the coun- dren of Greeley. and with two railroads, the Lackawanna ``Cut- ty jail, the clinic is a cheerful and safe environ- f off'' and the Sussex Branch of the Lacka- ment. In the year it has been open, it has not wanna Railroad, crossing the Township, once been marked with graffiti or vandalism. 200TH ANNIVERSARY OF THE Byram continued to prosper. While there are In addition to recognizing the excellent care TOWNSHIP OF BYRAM, COUNTY no longer railroads in Byram today, these train provided by this clinic, I need to draw attention OF SUSSEX, NEW JERSEY lines were important to the economic and so- to the burden the government has placed on cial development of the Township. this facility which prevents it from being as ef- HON. RODNEY P. FRELINGHUYSEN Byram is not only a land of industry, but a ficient as it could be. Currently, the Monfort OF NEW JERSEY land of nature and culture. Known as the Children's Clinic must send routine lab tests to IN THE HOUSE OF REPRESENTATIVES ``Township of Lakes,'' Byram has more than a large laboratory, although its staff is capable two dozen lakes and ponds within or on its of processing the tests in house. The clinic Friday, September 11, 1998 borders. Many of the residences surrounding cannot afford to meet the federal regulations Mr. FRELINGHUYSEN. Mr. Speaker, I rise the lake began as summer vacation homes, that would enable them to do even simple today to commemorate the 200th Anniversary but now, many people live on the lakes year- tests on site. of the Township of Byram, County of Sussex, round. Waterloo Village, first settled in the Mr. Speaker, the Clinical Laboratory Im- New Jersey. 1750's, has been completely restored with an provement Act Amendments would lift this bur- The Township of Byram, was founded on eye for authenticity. The Village is open to the den and allow the Monfort Children's Clinic to February 5, 1798 after officially separating public and offers a variety of cultural activities make the best use of their time and money. from the Township of Newton. The land was year-round. H.R. 2250, of which I am a cosponsor, would named for the Byram family who had settled Throughout its development, Byram contin- amend section 353 of the Public Health Serv- there before the Revolutionary War. Originally, ued to grow and many people have taken ad- ice Act to exempt physician office laboratories the land was inhabited by the Lenape Indians, vantage of this peaceful place to live, work from the clinical laboratories requirements of but by the early 1700s, few Indians remained and raise a family. Today, Byram remains a that section. In light of the clinic's current di- in the area. vibrant residential area with a growing busi- lemma, I urge the House to move this legisla- The earliest settlements in Byram centered ness community. tion to the floor for a vote before the year is on iron mines and forges and the Township Mr. Speaker, for the past 200 years, the over. enjoyed many years of prosperity in this indus- Township of Byram has prospered as a com- The Monfort Clinic is a very special place try. Many of these sites are said to have been munity and continues to flourish today and it and I can only hope that by giving it the rec- in operation before the Revolution and contin- will continue to prosper in the future. Mr. ognition it deserves, that Congress will act re- ued operating well into the Nineteenth Cen- Speaker, I ask you and my colleagues to con- sponsibly on its behalf. Additionally, I would tury. Two different types of ore were found in gratulate all residents of Byram on this special like to thank Joe Morado and Debbie Pilch for the many sites in Byram. anniversary year. Friday, September 11, 1998 Daily Digest

HIGHLIGHTS The House agreed to H. Res. 525, providing for review by the Commit- tee on the Judiciary of a Communication from an Independent Coun- sel, and for the release thereof. Senate State lines to avoid laws requiring the involvement Chamber Action of parents in abortion decisions. Routine Proceedings, pages S10227–S10268 Pages S10227±31, S10235±36 Measures Introduced: Two bills and one resolution Consumer Bankruptcy Reform Act—Cloture were introduced, as follows: S. 2461–2462 and S. Vote Vitiated: By unanimous-consent agreement, Con. Res. 117. Page S10240 the cloture vote scheduled to occur on the pending Measures Reported: Reports were made as follows: Lott (for Grassley/Hatch) Amendment No. 3559, in S. 2361, to amend the Robert T. Stafford Disaster the nature of a substitute, to S. 1301, to amend title Relief and Emergency Assistance Act to authorize 11, United States Code, to provide for consumer programs for predisaster mitigation, to streamline bankruptcy protection, was vitiated. Page S10236 the administration of disaster relief, to control the Subsequently, a unanimous-consent agreement was Federal costs of disaster assistance, with amend- reached providing for further consideration of the ments. (S. Rept. No. 105–326) Page S10240 bill and certain amendments to be proposed thereto, and that following disposition of the listed amend- Measures Passed: ments and the committee substitute, the Senate pro- Volunteers for Wildlife Act: Senate passed H.R. ceed to consideration of H.R. 3150, House compan- 1856, to amend the Fish and Wildlife Act of 1956 ion measure, that all after the enacting clause be to promote volunteer programs and community part- stricken and the text of S. 1301, as amended, be in- nerships for the benefit of national wildlife refuges. serted in lieu thereof, and passage occur thereon. Pages S10248±50 Also, that the Senate insist on its amendment, re- Lott (for Chafee) Amendment No. 3578, to make quest a conference with the House and the Chair be technical corrections. Page S10250 authorized to appoint conferees on the part of the Fish and Wildlife Revenue Enhancement Act: Senate, as follows: Senators Hatch, Grassley, Sessions, Senate passed S. 2094, to amend the Fish and Wild- Leahy, and Durbin. Page S10236 life Improvement Act of 1978 to enable the Sec- Truth in Employment Act—Cloture Vote Agree- retary of the Interior to more effectively use the pro- ment: A unanimous-consent agreement was reached ceeds of sales of certain items, after agreeing to com- providing for consideration of the motion to proceed mittee amendments, and the following amendment to consideration of S. 1981, to preserve the balance proposed thereto: Pages S10250±52 of rights between employers, employees, and labor Lott (for Chafee) Amendment No. 3579, to make organizations which is fundamental to our system of technical corrections. Page S10251 collective bargaining while preserving the rights of Child Custody Protection Act—Cloture Vote: By workers to organize, or otherwise engage in con- a unanimous vote of 97 yeas (Vote No. 265), three- certed activities protected under the National Labor fifths of those Senators duly chosen and sworn hav- Relations Act, on Monday, September 14, 1998, ing voted in the affirmative, Senate agreed to a mo- with a vote on the cloture motion to occur at 5:30 tion to close further debate on the motion to proceed p.m. Page S10252 to consideration of S. 1645, to amend title 18, Nominations Received: Senate received the follow- United States Code, to prohibit taking minors across ing nominations: D962 September 11, 1998 CONGRESSIONAL RECORD — DAILY DIGEST D963 Craig Gordon Dunkerly, of Massachusetts, a Ca- Adjournment: Senate convened at 9:30 a.m., and reer Member of the Senior Foreign Service, Class of adjourned at 2:44 p.m., until 11 a.m., on Monday, Minister-Counselor, for the Rank of Ambassador September 14, 1998. (For Senate’s program, see the during his tenure of Service as Special Envoy for remarks of the Acting Majority Leader in today’s Conventional Forces in Europe. Record on page S10252.) Routine lists in the Navy. Pages S10265±68 Messages From the House Page S10236 Committee Meetings Communications: Pages S10236±40 Petitions: Page S10240 (Committees not listed did not meet) Statements on Introduced Bills: Pages S10240±41 BUSINESS MEETING Additional Cosponsors: Pages S10241±42 Committee on Banking, Housing, and Urban Affairs: Amendments Submitted: Pages S10242±45 Committee ordered favorably reported H.R. 10, to Notices of Hearings: Page S10245 enhance competition in the financial services indus- Authority for Committees: Page S10245 try by providing a prudential framework for the af- Additional Statements: Pages S10245±48 filiation of banks, securities firms, and other finan- cial service providers, with an amendment in the na- Record Votes: One record vote was taken today. ture of a substitute. (Total—265) Page S10231 h House of Representatives Review of Communication from Independent Chamber Action Counsel: The House agreed to H. Res. 525, provid- Bills Introduced: 7 public bills, H.R. 4550–4556; ing for a deliberative review by the Committee on 1 private bill, H.R. 4557; and 4 resolutions, H. Res. the Judiciary of a communication from an independ- 530–533 were introduced. Page H7617 ent counsel, and for the release thereof, by a yea and Reports Filed: Reports were filed today as follows: nay vote of 363 yeas to 63 nays, Roll No. 425. H.R. 1659, to provide for the expeditious comple- Pages H7587±H7607 tion of the acquisition of private mineral interests Committee Election: Agreed to H. Res. 530, elect- within the Mount St. Helens National Volcanic ing Representative Barrett of Wisconsin to the Com- Monument mandated by the 1982 Act that estab- mittee on the Judiciary. Page H7608 lished the Monument, amended (H. Rept. 105–704); Legislative Program: The Majority Leader discussed H.R. 4166, to amend the Idaho Admission Act the legislative program for the week of September regarding the sale or lease of school land (H. Rept. 14. Pages H7608±09 105–705); Meeting Hour—September 14: Agreed that when H.R. 3903, to provide for an exchange of lands the House adjourns today, it adjourn to meet at located near Gustavus, Alaska, amended (H. Rept. 10:30 a.m. on September 14, 1998. Page H7609 105–706); H.R. 2314, to restore Federal Indian services to Calendar Wednesday: Agreed to dispense with Cal- members of the Kickapoo Tribe of Oklahoma resid- endar Wednesday business of Wednesday, September ing in Maverick County, Texas, to clarify United 16, 1998. Page H7609 States citizenship status of such members, to provide Senate Messages: Message received from the Senate trust land for the benefit of the Tribe (H. Rept. appears on page H7587. 105–707 part 1); and Quorum Calls—Votes: One yea and nay vote devel- H.R. 3055, to deem the activities of the oped during the proceedings of the House today and Miccosukee Tribe on the Tamiami Indian Reserva- appears on page H7607. There were no quorum tion to be consistent with the purposes of the Ever- calls. glades National Park, amended (H. Rept. 105–708 Adjournment: The House met at 9:00 a.m. and ad- part 1). Pages H7616±17 journed at 1:02 p.m. D964 CONGRESSIONAL RECORD — DAILY DIGEST September 11, 1998 Committee Meetings CONGRESSIONAL PROGRAM AHEAD Week of September 14 through 19, 1998 INTERNET—PROTECTING CHILDREN FROM INAPPROPRIATE MATERIALS Senate Chamber Committee on Commerce: Subcommittee on Tele- On Monday, Senate will vote on a motion to close communications, Trade, and Consumer Protection further debate on the motion to proceed to consider- held a hearing on legislative proposals to Protect ation of S. 1981, Truth in Employment Act, and re- Children from Inappropriate Materials on the Inter- sume consideration of S. 2237, Interior Appropria- net. Testimony was heard from Senator Coats; Rep- tions, 1999. resentatives Franks of New Jersey and Istook; Ste- On Tuesday, Senate will continue consideration of phen R. Wiley, Chief, Violent Crimes and Major Of- S. 2237, Interior Appropriations, 1999, and may fenders Section, FBI, Department of Justice; and consider S. 1301, Consumer Bankruptcy Reform. public witnesses. During the balance of the week, Senate may also CONSTRUCTION SUBCONTRACTORS consider S. 1645, Child Custody Protection Act, the PAYMENT PROTECTION ENHANCEMENT President’s veto of H.R. 1122, Partial-Birth Abor- ACT tion Ban, further appropriations bills, and any legis- lative or executive items cleared for action, including Committee on Government Reform and Oversight: Sub- conference reports, when available. committee on Government Management, Informa- (Senate will recess on Tuesday, September 15, 1998, tion, and Technology and the Subcommittee on from 12:30 p.m. until 2:15 p.m. for respective party con- Commercial and Administrative Law of the House ferences.) Committee on the Judiciary held a joint hearing on H.R. 3032, Construction Subcontractors Payment Senate Committees Protection Enhancement Act of 1998. Testimony (Committee meetings are open unless otherwise indicated) was heard from Deidre Lee, Administrator, Office of Committee on Armed Services: September 15, to hold hear- Federal Procurement Policy, OMB; and public wit- ings on the nominations of Bernard D. Rostker, of Vir- nesses. ginia, to be Under Secretary of the Army, James M. MISCELLANEOUS MEASURES Bodner, of Virginia, to be Deputy Under Secretary of De- fense for Policy, and Vice Adm. Dennis C. Blair, USN, Committee on the Judiciary: Subcommittee on Crime for appointment to the grade of Admiral, and to be Com- began mark up of the following bills: H.R. 4427, mander-in-Chief of United States Pacific Command, 10 Internet Gambling Prohibition Act of 1998; H.R. a.m., SR–222. 3046, Police, Fire, and Emergency Prohibition Act Committee on the Budget: September 17, to hold joint of 1998; S. 1976, Crime Victims with Disabilities hearings with the Committee on Foreign Relations’ Sub- Awareness Act of 1998; H.R. 804, to amend part Q committee on International Operations to examine De- of title 1 of the Omnibus Crime Control and Safe partment of State management and budget issues, 10 a.m., SD- 419. Streets Act of 1968 to ensure that Federal funds Committee on Commerce, Science, and Transportation: Sep- made available to hire or rehire law enforcement offi- tember 15, to hold hearings on the nominations of Rob- cers are used in a manner that produces a net gain ert Clarke Brown, of Ohio, John Paul Hammerschmidt, of the number of law enforcement officers who per- of Arkansas, and Norman Y. Mineta, of California, each form non-administrative public safety services; and S. to be a Member of the Board of Directors of the Metro- 2022, Crime Identification Technology Act of 1998. politan Washington Airports Authority, Eugene A. Subcommittee recessed subject to call. Conti, Jr., of Maryland, to be Assistant Secretary of Transportation for Transportation Policy, and Peter J. GENERALIZED SYSTEM OF PREFERENCES Basso, Jr., of Maryland, to be Assistant Secretary of REAUTHORIZATION Transportation for Budget and Programs, 10 a.m., Committee on Ways and Means: Subcommittee on SR–253. Trade approved for full Committee action amended September 15, Full Committee, to hold hearings on S. 2390, to permit ships built in foreign countries to engage a measure to reauthorize the Generalized System of in coastwise in the transport of certain products, 2:30 Preferences. p.m., SR–253. TECHNOLOGY TRANSFERS TO CHINA September 16, Subcommittee on Surface Transportation and Merchant Marine, to hold hearings to examine the Select Committee on U.S. National Security and Military/ extent of fatigue of transportation operators in the truck- Commercial Concerns with the People’s Republic of China: ing and rail industries, 2:30 p.m., SR–253. Met in executive session to continue to receive brief- September 17, Full Committee, to hold hearings to ex- ings on pending business. amine the Department of Commerce involvement in the September 11, 1998 CONGRESSIONAL RECORD — DAILY DIGEST D965 transfer of satellite technology to China, 9:30 a.m., Committee on Labor and Human Resources: September 17, SR–253. to hold hearings to examine professional developments in- Committee on Energy and Natural Resources: September corporating advances and teaching, 10 a.m., SD–430. 17, to hold hearings on the nominations of Gregory H. Committee on Rules and Administration: September 16, to Friedman, of Colorado, to be Inspector General, Depart- hold hearings to examine issues with regard to the pro- ment of Energy, Charles G. Groat, of Texas, to be Direc- posed renovation of the United States Capitol dome and tor of the United States Geological Survey, Department the Dirksen Senate Office Building, 9:30 a.m., SR–301. of the Interior, and other pending nominations, 9:30 September 16, Full Committee, to resume hearings on a.m., SD–366. S. 2288, to provide for the reform and continuing legisla- September 17, Subcommittee on National Parks, His- tive oversight of the production, procurement, dissemina- toric Preservation, and Recreation, to hold hearings on tion, and permanent public access of the Government’s miscellaneous bills, including S. 1175, S. 1641, S. 1960, publications, 10 a.m., SR–301. S. 2086, S. 2133, S. 2239, S. 2240, S. 2241, S. 2246, Committee on Small Business: September 15, business S. 2247, S. 2248, S. 2285, S. 2297, S. 2309, S. 2401, meeting, to consider pending calendar business, 9:30 and H.R. 2411, 2 p.m., SD–366. a.m., SR–428A. Committee on Environment and Public Works: September Committee on Indian Affairs: September 16, business 16, to hold hearings on S. 1576, to permit the exclusive meeting, to consider pending calendar business; to be fol- application of California State regulations regarding refor- lowed by a hearing on the nomination of Montie R. Deer, mulated gasoline in certain areas within the State, focus- of Kansas, to be Chairman of the National Indian Gam- ing on the use of methyl tertiary-butyl ether in gasoline, ing Commission, Department of the Interior, 10 a.m., 2 p.m., SD–406. SR–485. September 17, Full Committee, to hold hearings on Select Committee on Intelligence: September 16, to hold the General Services Administration’s fiscal year 1999 closed hearings on intelligence matters, 2:30 p.m., capital investment and leasing programs, the fiscal year SH–219. 1999 courthouse construction requests of the Administra- Special Committee on Aging: September 14, to hold hear- tive Office of the United States Courts, and proposed leg- ings to examine the need for a national criminal back- islation relating to public buildings reform, 9 a.m., ground check system for nursing home employees, 1 SD–406. p.m., SD–628. Committee on Foreign Relations: September 15, to hold United States Senate Caucus on International Narcotics Con- hearings on certain extradition and mutual legal assist- trol: September 16, to hold joint hearings with the Com- ance treaties, 10 a.m., SD–419. mittee on Foreign Relations’ Subcommittee on Western September 16, Subcommittee on Western Hemisphere, Hemisphere, Peace Corps, Narcotics and Terrorism to ex- Peace Corps, Narcotics and Terrorism, to hold joint hear- amine anti-drug interdiction efforts, 9:30 a.m., SH–216. ings with the United States Senate Caucus on Inter- national Narcotics Control to examine anti-drug interdic- House Chamber tion efforts, 9:30 a.m., SH–216. September 17, Subcommittee on International Oper- To be announced. ations, to hold joint hearings with the Committee on the Budget to examine Department of State management and House Committees budget issues, 10 a.m., SD–419. Committee on Banking and Financial Services, September Committee on Governmental Affairs: September 16, Per- 14, 15 and 16, hearings on International Economic Tur- manent Subcommittee on Investigations, to hold hearings moil, 10 a.m., on September 14, 2 p.m., on September to examine the National Cancer Institute’s management 15 and 1 p.m., on September 16, 2128 Rayburn. of radiation studies, 9:30 a.m., SD–342. September 16, Subcommittee on Financial Institutions September 17, Full Committee, to hold hearings on and Consumer Credit and the Subcommittee on Housing the nominations of Kenneth Prewitt, of New York, to be and Community Development, joint hearing on the Real Director of the Census, Department of Commerce, and Estate Settlement Procedures Act and the Truth in Lend- Robert M. Walker, of Tennessee, to be Deputy Director ing Act, and reforms to mortgage lending disclosure re- of the Federal Emergency Management Agency, 10 a.m., quirements, 10 a.m., 2128 Rayburn. SD–342. September 17, full Committee, hearing on Preparing Committee on the Judiciary: September 15, Subcommittee for the Year 2000: Financial Institutions, Customers, on Antitrust, Business Rights, and Competition, to hold Telecommunications, and Power, 10 a.m., 2128 Rayburn. hearings to examine consolidation issues within the tele- Committee on Commerce, September 15 and 17, Sub- communications industry, 10 a.m., SD–226. committee on Oversight and Investigations, to continue September 16, Subcommittee on Immigration, to hold hearings on the circumstances surrounding the FCC’s oversight hearings on the implementation of the Immi- planned relocation to the Portals, including the efforts of gration and Naturalization Service and proposed reform Franklin L. Haney and his representatives with respect to issues, 2 p.m., SD–226. this matter and the circumstances surrounding the pay- September 17, Full Committee, business meeting, to ments of fees to those representatives, 9:30 a.m., on Sep- consider pending calendar business, 10 a.m., SD–226. tember 15 and 10 a.m., on September 17, 2322 Rayburn. D966 CONGRESSIONAL RECORD — DAILY DIGEST September 11, 1998

September 16, full Committee and the Committee on September 17, Subcommittee on Immigration and Education and the Workforce, joint hearing on Education Claims, oversight hearing on the Institutional Removal and Technology Initiatives, 10:30 a.m., 2123 Rayburn. Program, 9:30 a.m., 2226 Rayburn. September 17, Subcommittee on Telecommunications, Committee on National Security, September 16, hearing Trade, and Consumer Protection, hearing on Spectrum on the U.S. policy on Iraq, 10 a.m., 2118 Rayburn. Management Oversight, 2 p.m., 2123 Rayburn. Committee on Resources, September 15, Subcommittee on September 18, Subcommittee on Health and Environ- Forests and Forest Health, oversight hearing on Forest ment, hearing on The State Children’s Health Insurance Roads Management and Obliteration, 2 p.m., 1334 Long- Program: A Progress Report, 10 a.m., 2322 Rayburn. worth. September 18, Subcommittee on Telecommunications, September 16, full Committee, to consider the follow- Trade, and Consumer Protection, hearing on Protecting ing: H.R. 1608, to authorize the Pyramid of Remem- Consumers Against Cramming and Spamming, 10 a.m., brance Foundation to establish a memorial in the District 2123 Rayburn. of Columbia or its environs to soldiers who have died in Committee on Education and the Workforce, September 17, foreign conflicts other than declared wars; H.R. 3088, to Subcommittee on Oversight and Investigations, hearing amend the Alaska Native Claims Settlement Act, regard- on the Review of the Management of the Year 2000 ing Huna Totem Corporation public interest land ex- Problem by the Department of Labor and the Department change; H.R. 4223, Colusa Basin Watershed Integrated of Education, 10 a.m., 2175 Rayburn. Resources Management Act; the North Pacific Rational- Committee on Government Reform and Oversight, September ized Fishing Act; and a report concerning the Grand 14, Subcommittee on Government Management, Informa- Staircase Escalante National Monument, 11 a.m., 1324 tion, and Technology, hearing on H.R. 2939, Federal Longworth. Sunset Act of 1998, 10 a.m., 2247 Rayburn. September 17, Subcommittee on Fisheries Conserva- September 16, Subcommittee on National Economic tion, Wildlife and Oceans, to mark up H.R. 4337, to au- Growth, Natural Resources, and Regulatory Affairs, to thorize the Secretary of the Interior to provide financial continue hearings on ‘‘The Kyoto Protocol: Is the Clin- assistance to the State of Maryland for a pilot program ton-Gore Administration Selling Out Americans? Part to develop measures to eradicate or control nutria and re- V1’’ 10 a.m., 2154 Rayburn. store marshland damaged by nutria; followed by a hear- September 17, Subcommittee on Census, hearing on ing on the following bills: H.R. 2304, to direct the Sec- ‘‘Oversight of the 2000 Census: Serious Problems with retary of the Interior to make technical corrections to a Statistical Adjustment Remain,’’ 10 a.m., 2154 Rayburn. map relating to the Coastal Barrier Resources System; and September 17, Subcommittee on National Economic H.R. 4248, Migratory Bird Hunting and Conservation Growth, Natural Resources, and Regulatory Affairs, hear- Stamp Promotion Act; and H.R. 4517, Neotropical Mi- ing on ‘‘A National ID Card: Big Government at its Worst or Technological Efficiency?’’ 10 a.m., 2247 Ray- gratory Bird Habitat Enhancement Act, 10 a.m., 1324 burn. Longworth. Committee on International Relations, September 15, hear- September 17, Subcommittee on Forests and Forest ing on Disarming Iraq: The Status of Weapons Inspec- Health, oversight hearing on Forest Service—Backcountry tions, 10:30 a.m., 2172 Rayburn. Airstrip Management, 10 a.m., 1334 Longworth. September 15, Subcommittee on Africa, hearing on Committee on Rules, September 14, to consider the fol- Democratic Republic of Congo in Crisis, 2 p.m., 2255 lowing: H.J. Res. 117, expressing the sense of Congress Rayburn. that marijuana is a dangerous and addictive drug and September 16, full Committee, hearing on the Spread should not be legalized for medicinal use; and H.R. of AIDS in the Developing World, 10 a.m., 2172 Ray- 4006, Lethal Drug Abuse Prevention Act, 5:30 p.m., burn. H–313 Capitol. September 17, hearing on the United States and Rus- September 15, to consider the following: H.R. 4300, sia, Part II: Russia in Crisis, 10 a.m., 2172 Rayburn. Western Hemisphere Drug Elimination Act; and H.R. Committee on the Judiciary, September 17, Subcommittee 4550, Drug Demand Reduction Act of 1998, 10:30 a.m., on Commercial and Administrative Law, hearing and H–313 Capitol. mark up of S.J. Res. 51, granting the consent of Congress Committee on Science, September 15, Subcommittee on to the Potomac Highlands Airport Authority Compact Energy and Environment, hearing on S. 1418, Methane entered into between the States of Maryland and West Hydrate Research and Development Act of 1998, 10 Virginia; and to mark up the following; H.R. 4049, Reg- a.m., 2318 Rayburn. ulatory Fair Warning Act of 1998; H.R. 4096, Taxpayers September 17, Subcommittee on Technology, oversight Defense Act; and a measure clarifying that the limitation hearing on Industrial Biotechnology: A Solution for the on state income taxation of governmental pension income Future? 1 p.m., 2318 Rayburn. applies to possessions of the United States, 10 a.m., 2237 Committee on Small Business, September 16, hearing on Rayburn. H.R. 3659, Farm and Ranch Risk Management Act, 1:30 September 17, Subcommittee on Crime, hearing on p.m., 2360 Rayburn. H.R. 4258, No Second Chances for Murderers, Rapists, September 16, Subcommittee on Tax, Finance, and Ex- or Child Molesters Act of 1998, 9:30 a.m., 2141 Ray- ports, hearing on pension reform for small businesses, 10 burn. a.m., 311 Cannon. September 11, 1998 CONGRESSIONAL RECORD — DAILY DIGEST D967

Committee on Transportation and Infrastructure, September September 15, Subcommittee on Human Resources, to 17, Subcommittee on Railroads, hearing on H. Con. Res. mark up the Welfare, Noncitizen, and Unemployment 52, urging that the railroad industry, including rail labor, Insurance Technical Amendments Act of 1998, 10:30 management and retiree organizations, open discussions a.m., and to hold a hearing on the Implementation of the for adequately funding an amendment to the Railroad Interethnic Adoption Amendments, 11 a.m., B–318 Ray- Retirement Act of 1974 to modify the guaranteed mini- burn. mum benefit for widows and widowers whose annuities September 17, full Committee, to mark up the Tax- are converted from a spouse to a widow or widower annu- payer Relief Act of 1998, 10 a.m., 1100 Longworth. ity, 10 a.m., 2167 Rayburn. September 18, to mark up the following: Welfare, Committee on Ways and Means, Subcommittee on Health, Noncitizen, and Unemployment Insurance Technical to mark up the following: H.R. 4377, to amend title Amendments Act of 1998; H.R. 4377, to amend title XVIII of the Social Security Act to expand the member- XVIII of the Social Security Act to expand the member- ship of the Medicare Payment Advisory Commission to ship of the Medicare Payment Advisory Commission to 17; H.R. 3511, to amend title XI of the Social Security 17; H.R. 3511, to amend title XI of the Social Security to authorize the Secretary of Health and Human Services Act to authorize the Secretary of Health and Human to provide additional exceptions to the imposition of civil Services to provide additional exceptions to the imposi- tion of civil money penalties in cases of payments to money penalties in cases of payments to beneficiaries; and beneficiaries; and a measure to refine the Medicare home a measure to refine the Medicare home health interim health interim payment system, 10 a.m., 1100 Long- payment system, 11:30 a.m., 1100 Longworth. worth. D968 CONGRESSIONAL RECORD — DAILY DIGEST September 11, 1998

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 11 a.m., Monday, September 14 10:30 a.m., Monday, September 14

Senate Chamber House Chamber Program for Monday: Senate will consider the motion Program for Monday: Consideration of Suspensions. to close further debate on the motion to proceed to con- sideration of S. 1981, Truth in Employment Act, with a vote on the motion to occur at 5:30 p.m. Senate will also resume consideration of S. 2237, Inte- rior Appropriations, 1999.

Extensions of Remarks, as inserted in this issue

HOUSE Frelinghuysen, Rodney P., N.J., E1707 Pelosi, Nancy, Calif., E1700 Gillmor, Paul E., Ohio, E1697, E1702 Pryce, Deborah, Ohio, E1706 Ackerman, Gary L., N.Y., E1701 Gilman, Benjamin A., N.Y., E1699 Rohrabacher, Dana, Calif., E1704 Baesler, Scotty, Ky., E1702 Gordon, Bart, Tenn., E1706 Roukema, Marge, N.J., E1703 Camp, Dave, Mich., E1705 Hall, Tony P., Ohio, E1704 Schaffer, Bob, Colo., E1697, E1698, E1700, E1700, E1701, Clay, William (Bill), Mo., E1698, E1699 Harman, Jane, Calif., E1698 E1702, E1702, E1703, E1704, E1705, E1706, E1706 Clyburn, James E., S.C., E1705 Kleczka, Gerald D., Wisc., E1701 Stump, Bob, Ariz., E1700 Dixon, Julian C., Calif., E1698, E1699 Levin, Sander M., Mich., E1705 Thomas, William M., Calif., E1697 Ehrlich, Robert L., Jr., Md., E1703 Meek, Carrie P., Fla., E1701 Etheridge, Bob, N.C., E1700 Packard, Ron, Calif., E1706

E PL UR UM IB N U U S The public proceedings of each House of Congress, as reported by the Official Reporters thereof, are printed pursuant to directions Congressional Record of the Joint Committee on Printing as authorized by appropriate provisions of Title 44, United States Code, and published for each day that one or both Houses are in session, excepting very infrequent instances when two or more unusually small consecutive issues are printed at one time. ¶ Public access to the Congressional Record is available online through GPO Access, a service of the Government Printing Office, free of charge to the user. The online database is updated each day the Congressional Record is published. The database includes both text and graphics from the beginning of the 103d Congress, 2d session (January 1994) forward. It is available on the Wide Area Information Server (WAIS) through the Internet and via asynchronous dial-in. Internet users can access the database by using the World Wide Web; the Superintendent of Documents home page address is http://www.access.gpo.gov/suldocs, by using local WAIS client software or by telnet to swais.access.gpo.gov, then login as guest (no password required). Dial-in users should use communications software and modem to call (202) 512–1661; type swais, then login as guest (no password required). For general information about GPO Access, contact the GPO Access User Support Team by sending Internet e-mail to [email protected], or a fax to (202) 512–1262; or by calling Toll Free 1–888–293–6498 or (202) 512–1530 between 7 a.m. and 5 p.m. Eastern time, Monday through Friday, except for Federal holidays. ¶ The Congressional Record paper and 24x microfiche will be furnished by mail to subscribers, free of postage, at the following prices: paper edition, $150.00 for six months, $295.00 per year, or purchased for $2.50 per issue, payable in advance; microfiche edition, $141.00 per year, or purchased for $1.50 per issue payable in advance. The semimonthly Congressional Record Index may be purchased for the same per issue prices. Remit check or money order, made payable to the Superintendent of Documents, directly to the Government Printing Office, Washington, D.C. 20402. ¶ Following each session of Congress, the daily Congressional Record is revised, printed, permanently bound and sold by the Superintendent of Documents in individual parts or by sets. ¶ With the exception of copyrighted articles, there are no restrictions on the republication of material from the Congressional Record.