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, TUESDAY, MARCH 17, 1998 No. 29 House of Representatives The House met at 12:30 p.m. and was markable achievement for Valparaiso the program and the success of his called to order by the Speaker pro tem- University and a great source of pride players merits recognition. In the last pore (Mr. HOBSON). for me and the citizens I represent. 6 years, he has seen 80 percent of his f Valparaiso is the smallest school rep- players graduate, a higher rate than resented in the tournament, with a the school has as a whole. Further, all DESIGNATION OF SPEAKER PRO total of 2,700 undergraduate students. six players on this year’s team who are TEMPORE Nonetheless, Valparaiso has seen a seniors are set to graduate. He has The SPEAKER pro tempore laid be- level of success few teams have experi- been a positive influence on his stu- fore the House the following commu- enced. They have won both the regular dents, a model of sportsmanship on the nication from the Speaker: season conference title and the Mid- sidelines, an example of the type of hard work that makes the people of WASHINGTON, DC, Continent Conference tournament title March 17, 1998. for the last 4 years, a feat accom- Northwest Indiana great. I hereby designate the Honorable DAVID L. plished by only three other teams in Not only has Valparaiso University HOBSON to act as Speaker pro tempore on NCAA history. continued to shine on the basketball this day. Valparaiso has been to the NCAA court, but the school itself has a stellar NEWT GINGRICH, tournament twice before this year. It academic record. Valparaiso has con- Speaker of the House of Representatives. was unable to advance beyond the first sistently ranked in the top 15 of re- f round. This year it is different. gional universities, as published by U.S. News and World Report. This year, MORNING HOUR DEBATES Valparaiso has now become only the second 13-seed in history to advance to of the over 500 colleges listed, The SPEAKER pro tempore. Pursu- the Sweet Sixteen. Their opening Valparaiso is ranked number two of the ant to the order of the House of Janu- round win over the University of Mis- best universities in the Midwest, and ary 21, 1997, the Chair will now recog- sissippi last Friday was nothing short Valparaiso’s overall graduation rate of nize Members from lists submitted by of inspiring. 72 percent makes them one of the best the majority and minority leaders for For the six senior players who have schools around. morning hour debates. The Chair will fought hard to bring success to this I would like to wish Coach Drew and alternate recognition between the par- team and this school, it was an amaz- the Valparaiso Crusaders the best of ties, with each party limited to 30 min- ing culmination of determination and luck for their game against the Univer- utes, and each Member, except the ma- perseverance that led to their victory. sity of Rhode Island on Friday. This is an exciting time for the people I rep- jority leader, the minority leader, or Bryce Drew’s 3-point shot to win the resent and for college basketball fans the minority whip, limited to 5 min- game was reminiscent of the final everywhere. utes. scene in the movie ‘‘Hoosiers,’’ in The Chair recognizes the gentleman which a tiny high school team came to- f from Indiana (Mr. VISCLOSKY) for 5 gether in the waning seconds to win REMOVING U.S. ARMED FORCES minutes. the championship game against a much FROM BOSNIA AND HERZEGOVINA f larger and more powerful foe. The SPEAKER pro tempore. Under After Valparaiso’s second-round over- CONGRATULATIONS TO VALPA- the Speaker’s announced policy of Jan- time win over Florida State on Sun- uary 21, 1997, the gentleman from RAISO UNIVERSITY MEN’S BAS- day, coach Homer Drew said, ‘‘Only in KETBALL TEAM Texas (Mr. PAUL) is recognized during America and only in the NCAA Tour- morning hour debates for 5 minutes. Mr. VISCLOSKY. Mr. Speaker, on be- nament can you have the opportunity (Mr. PAUL asked and was given per- half of the people of Northwest Indiana to go against the best athletes and the mission to revise and extend his re- that I represent and as an Indiana Uni- best programs in America. We beat two marks.) versity and Notre Dame University schools from the best conferences in Mr. PAUL. Mr. Speaker, I would like graduate, I want to congratulate America.’’ to draw to the attention of my col- Valparaiso University, which is in the Coach Drew and his team have prov- leagues two House concurrent resolu- First Congressional District of Indiana. en that hard work and persistence tions that we will be voting on, one I want to congratulate the Valparaiso eventually lead to success. The coach today and one tomorrow. men’s basketball team on their impres- has spent the last 10 seasons building The one tomorrow is offered by the sive wins in the first and second rounds the basketball program that exists gentleman from California (Mr. CAMP- of the NCAA Tournament. It is a re- today. His dedication to the success of BELL), which I think we should pay

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.

H1169 H1170 CONGRESSIONAL RECORD — HOUSE March 17, 1998 close attention to and, hopefully, sup- So it is not our responsibility. Yes, noise that was involved, the police di- port. This is H. Con. Res. 227. It is a we can condemn the violence; and who rect communication, one with another, concurrent resolution directing the would not? But does that justify the and the potential that it was possible President, pursuant to section 5(c) of taxing of American citizens and impos- for the gunman in this case to have the War Powers Resolution, to remove ing a threat to American lives by im- used live television broadcasts to be United States Armed Forces from the posing and sending our troops to all able to monitor the events at the Republic of Bosnia and Herzegovina. these hot spots around the region? scene. The troops should never have been So I strongly urge my fellow col- There was another area of great con- sent there in the first place. There was leagues to look carefully at this resolu- cern, and that was simply the fire- a lot of controversy. It was far from tion tomorrow and assume congres- power of this gunman. To say the least, unanimous consent from the Congress sional responsibility. It is not the re- it was disturbing that his private arse- to send the troops there. They were sponsibility of the President to wage nal included a grenade launcher and sent there in 1995, and they were to be war, to put troops around the world. numerous grenades, a crossbow with there for 18 months, and each time we That is a congressional responsibility. darts, a small arsenal of shotguns, ri- came upon a date for removing the So although there has been no dec- fles, handguns, hundreds of rounds of troops, they were extended. laration of war, we are sitting ducks ammunition, including 100-round ca- Currently, it is the President’s posi- for a war to be started. So let us stop pacity magazine with 80 rounds inside. tion that the troops will stay indefi- the war before it gets started. That weapon actually used in the nitely. He has not set a date, although I think we should strongly endorse shooting was an SKS semiautomatic the Congress has set a date for this this resolution and make sure these assault weapon. This weapon was pow- June for all funding to be removed as troops come home. It is interesting erful enough that the fatal bullet was of June and the troops should come that there is a fair amount of support fired through the front door, that it home. This resolution more or less for this, and we obviously won the vote was possible that there were other bul- states that same position. I strongly on this last year to say the troops lets that went through the walls of the favor this, and I believe that the Con- should come home in June of this year. house and through both sides of police gress should send a strong message I suspect and hope that this will be re- car parked outside. that we should not casually and care- stated, and there will be no excuse to The weapon in question was not on lessly send troops around the world to extend their stay in this region. the 1994 Crime Control Bill of banned police the world. This is a good way for But at the same time we win those assault weapons, although that bill did us to get into trouble. Our national security is not threat- kind of votes, and there is a strong sen- prohibit the manufacture of ammuni- ened. There was no justification for our timent here in the Congress when we tion and magazines of more than 10 troops to be sent there. There are al- are required to vote and there is cer- rounds. However, high-capacity ammu- ways good reasons, though, given be- tainly a strong sentiment among the nition magazines manufactured prior cause there are problems. Well, there American people that we ought to be to September of 1994 were exempted, are problems every place in the world. dealing with our problems here at with the expectation that the manufac- If we try to solve all the problems of home, we ought not to assume the role turers would sell off the stockpiles the world, we would not have troops in of world policemen, and we ought to within a few years. a hundred countries like we have now, mind our own business, and we ought Unfortunately, that 1994 ban allowed we would have them in three or four to be concerned about the sovereignty manufacturers to stockpile a seem- hundred countries. But it is true that of the United States, rather than send- ingly unlimited supply of high-capac- we send troops with the most amount ing our troops around the world under ity ammunition magazines which are of pressure put upon us to do it. the auspices of the United Nations and still being sold regularly today by There are certain countries, like in NATO and literally giving up our sov- manufacturers, wholesalers, and retail- Rwanda, Africa, we certainly did not ereignty to international bodies. We ers, 3 years after that ban went into ef- apply the same rules to that country as were very confused as to who was real- fect. we do to Bosnia and the Persian Gulf ly in charge of foreign policy in Iraq, This is noteworthy because, although and Iraq. We did not do this when we whether it was Kofi Annan or whether assault weapons account for a tiny saw the mass killings in the Far East it was our President. fraction of the guns in private hands, under Pol Pot. f they were used in over 13 percent of the So, under certain circumstances 122 fatal law enforcement shootings AGREEMENTS BETWEEN TELE- where there is political pressure made that took place in a 21-month period in VISION STATIONS AND POLICE by certain allies or by interests of oil, 1994 and 1995. Of those deaths, almost 20 then we are likely to get involved. But The SPEAKER pro tempore. Under percent involved high-capacity maga- the principle of a noninterventionism the Speaker’s announced policy of Jan- zines. foreign policy should make certain uary 21, 1997, the gentleman from Or- When faced with tragedy of this na- that we, the Congress, never condone, egon (Mr. BLUMENAUER) is recognized ture as we faced in Portland, it is im- never endorse, never promote the during morning hour debates for 5 min- portant to reflect on what we learn placement of troops around the world utes. from these circumstances. That is the in harm’s way because it is a good way Mr. BLUMENAUER. Mr. Speaker, true story today. The positive changes for men to get killed and, for most pur- Tuesday, January 27, people in my were a result of reflection on this epi- poses, the lives of our American sol- hometown of Portland, Oregon, were sode. diers are too valuable to be put into a stunned by a series of events that stem I am pleased that the local authori- situation where there is so much harm from a drug raid gone bad. In the midst ties and the news media came together and danger. of this episode, one Portland police- to deal with an area of friction in the Fortunately, there has been no woman was killed, another seriously past to establish a voluntary agree- American deaths in this region, but injured, and a third received more ment to be used in emergency situa- there is a good reason for those troops minor injuries. tions in the future. This agreement to come out. The peace has not been Reflecting back on this episode, Mr. will ensure a safe environment for our settled, though, there. It is not going Speaker, there were two areas that police, while guaranteeing that the to be. And our 16,000 or 20,000 troops gave great local concern. public has an access to information. that we have had there will not be able One was an activity involved with The stations will no longer show live to maintain the peace as long as these the coverage, the live coverage of this shots of special emergency reaction warring factions exist. They have ex- event by local news helicopters on the teams. They will keep helicopters a isted not for months, not for a few raid and the concern on the part of mile away and at least 1,000 feet in ele- years, but literally for hundreds of some that this might have interfered vation to prevent disturbance with years if not thousands of years people with the police activities at that event, emergency police communication. in this region have been fighting both in terms of providing interference, The police will provide a location as among themselves. in terms of communication with the close as possible to the emergency March 17, 1998 CONGRESSIONAL RECORD — HOUSE H1171 event for a TV pool camera on the has designed the largest statistical ex- done to adjust the figures in all 60,000 ground and to videotape the operation periment in U.S. history. The plan is census tracks. Some tracks will be for later broadcast. The police in the multifaceted and complicated. If one added to, some subtracted from, based communications activities with the element of the plan goes wrong, it can on this poll of 750,000 households. This stations have set up a special phone to destroy the accuracy of the entire cen- 750,000 survey is called the Integrated give a direct link to the four local news sus. The plan depends on an unrealistic Coverage Measurement or ICM. The ad- stations. time line and if they do not meet the ministration claims the ICM will in- This senseless killing served as a deadlines at each step, the plan could crease accuracy. That is a huge theo- wake-up call for Portland. I think the easily fall apart. retical leap of faith. The Commerce In- model agreement that we have devel- The Commerce Department’s own In- spector General says, ‘‘Because of its oped can serve as a model for other spector General has called the plan complexity, the ICM is highly vulner- communities in the future. risky. The Inspector General said in able. In particular, the survey’s mag- I would ask my colleagues to reflect December, ‘‘We conclude that although nitude, quality demands, and tight upon the situation that they may see the 2000 Census design is risky, the bu- schedule all present serious chal- in their community. Are there appro- reau’s fundamental problem is that it lenges.’’ He added, ‘‘Estimation associ- priate agreements in place between the simply may not have enough time to ated with the ICM survey in particular news media and law enforcement in plan and implement a design that faces lingering methodological ques- their hometowns? achieves its dual goals of containing tions.’’ In other words, it is not at all It is clearly not Congress’ role to cost and increasing accuracy.’’ The In- clear that the experiment will increase have to legislate news coverage. It is, spector General goes on to state, ‘‘Be- accuracy at all. We need to work to- however, our role to do everything in cause this process is long, complex, and gether and get the most accurate, best our power to make sure that this never operating under a tight schedule, there census we can for the year 2000, not happens again. Congress does have a will be many opportunities for oper- test or try experiments. role in dealing with the trade, distribu- ational and statistical errors.’’ f tion of and availability of dangerous I have a Ph.D. in statistics and mar- SALUTING UNIVERSITY OF RHODE weapons; and I hope we will readdress keting, so I understand clearly the ISLAND MEN’S BASKETBALL TEAM this in the future. operational risk of this plan. As a stat- I encourage my colleagues to learn from istician, the administration plan raises The SPEAKER pro tempore. Under this Portland tragedy. To do so would mean too many red flags to move forward the Speaker’s announced policy of Jan- that the sacrifice of Portland's finest will not and spend $4 billion of taxpayers’ uary 21, 1997, the gentleman from have been in vain. money. Rhode Island (Mr. WEYGAND) is recog- Let me try and give my colleagues a nized during morning hour debates for f basic outline of this grand experiment. 3 minutes. b 1245 There are 60,000 census tracks in the Mr. WEYGAND. Mr. Speaker, I rise United States. Each contains about this afternoon with great pride, be- 2000 CENSUS 4,000 people. Under this new, untested cause the smallest State in the coun- The SPEAKER pro tempore (Mr. theory, the administration wants to try, Rhode Island, has one of the great- HOBSON). Under the Speaker’s an- count only 90 percent of the people in est basketball teams in the country, nounced policy of January 21, 1997, the each census track. That is unprece- the University of Rhode Island. It won gentleman from Florida (Mr. MILLER) dented. For the first time in American its game just two days ago against one is recognized during morning hour de- history we will not attempt to count of the powerhouses of this country, the bates for 5 minutes. all Americans. First, they collect all University of Kansas, in an outstand- Mr. MILLER of Florida. Mr. Speaker, the census forms returned by mail for ing game that pitted a very small, I rise today to talk about the 2000 Cen- each of the 60,000 census tracks. They some people would say even very slow, sus. I realize there are not many people hope to average about 67 percent re- untalented basketball team against in Washington focused on that subject sponse rate in each track. Then in each one of the giants. A team like Kansas, today or this week. While the country of these 60,000 tracks, they will ran- that had two first-team all-Americans, remains fixated on the problems en- domly remove enough remaining ad- was unbeatable by the critics’ view- gulfing the White House, the business dresses to add up to 10 percent of the point. Rhode Island did not have a of government must go on. The 2000 total census track and then put them chance. As a matter of fact, most of Census will be the largest peacetime aside. Then they will do what is called them did not think they had a chance mobilization ever undertaken by the a nonresponse follow-up with the against a smaller team called Murray Federal Government, and the planning homes not removed so they have actu- State. But Rhode Island proved them must continue. ally counted 90 percent of the people in wrong. They proved their critics I want to begin by complimenting each track. Then they will conduct wrong. More importantly, what they and thanking Acting Director James 60,000 simultaneous polls to estimate brought to our small State was great Holmes. Last week we were headed to- the other 10 percent in each census pride. wards a confrontation over the issue of track. I am here this morning because as an congressional access. Last night I re- This has never been tried before. The alum of the University of Rhode Island, ceived word from Mr. Holmes and we scope of this experiment is simply my daughter also an alumnus and my have resolved the issue. I think Mr. breathtaking. When you see a poll in son a freshman, we could not be more Holmes understands how seriously Con- the New York Times or CNN or USA happy. All of the people in the State of gress takes its oversight responsibil- Today the pollsters typically do one Rhode Island, all 1 million people, are ities in regard to the census. Given all poll and survey 1,000 or so Americans. I ecstatic about what has happened. We the controversy surrounding the meth- saw a poll this morning that shows the have proven that small schools are still odology of the 2000 Census, the best President’s approval ratings just went alive and doing well in the NCAA. We way to proceed is to have an open rela- up again, which really has to make one have proven that no matter what the tionship in the process of information question the accuracy of polling. But odds may be, no matter how big the gathering. Frankly, until Mr. Holmes what this administration is talking task may be, no matter how big the ob- arrived, the administration had a dif- about doing is 60,000 separate simulta- stacle, even a small team in a small ferent view. neous polls at the same time. It has State can overcome those. We are ex- Mr. Speaker, we need cooperation be- never been tried before and the poten- tremely proud of our university, of all tween Congress and the administration tial for mistakes and errors is quite the things that they have become, but because at the moment the 2000 Census large. more importantly of their future. We is in serious trouble. I have said I be- That is just the beginning. After all look forward to Friday evening’s bas- lieve we are headed towards a failed this has been completed, they will con- ketball game against Valparaiso, and census. The Clinton administration, duct an extensive nationwide poll of we join with our colleagues over there without the approval of the Congress, 750,000 American households. This is to have a celebration on Saturday H1172 CONGRESSIONAL RECORD — HOUSE March 17, 1998 morning when we celebrate the victory two, it is also important to recognize Robert Bennett, said his client had ‘‘no for the University of Rhode Island. that the IMF loans at what we call, specific recollection of meeting Willey f what I call, subsidized rates. In other in the Oval Office.’’ words, while American taxpayers are REGARDING THE INTERNATIONAL ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE paying 7 or 71⁄2 percent interest for MONETARY FUND The SPEAKER pro tempore (Mr. mortgages, the IMF loans money to HOBSON). The gentleman will suspend. The SPEAKER pro tempore. Under high-risk foreign investors at less than The Chair would remind the gentleman the Speaker’s announced policy of Jan- 5 percent. In fact, in the last fiscal that he should not refer to personal ac- uary 21, 1997, the gentleman from New year, the IMF loaned 90 percent of its cusations against the President. Jersey (Mr. SAXTON) is recognized dur- funds that it loaned at 4.7 percent. PARLIAMENTARY INQUIRY ing morning hour debates for 5 min- That is a subsidized rate. While auto Mr. HAYWORTH. Mr. Speaker, a utes. loans in this country go for 9 percent point of parliamentary inquiry. Is it Mr. SAXTON. Mr. Speaker, I wanted to 10 percent interest, the IMF was then against the rules to also read ver- to speak to my colleagues about what loaning at 4.7 percent to 90 percent of batim from an editorial in a widely cir- I think is a very important issue. It in- its borrowers. And while credit card culated newspaper? volves the International Monetary holders in this country pay 16 to 21 per- The SPEAKER pro tempore. Under Fund. That may be a dry issue to some. cent or greater, the IMF was loaning at the precedents, the fact that it may be But when we consider that the Inter- 4.7 percent. in the public domain elsewhere does national Monetary Fund today has It is bad enough that these subsidized not mitigate the statement. available to it $36 billion of American rates were being used, but even worse, Mr. HAYWORTH. Well, I thank the money, of U.S. dollars, it is a rather so- Mr. Speaker, if we are going to provide Chair for the information, and I find it bering thought. these loans to people who get them- somewhat illuminating. We have lots of needs for money in selves in trouble economically, does it Be that as it may, that is an interest- our country, and we have seen fit in a not just encourage people to make bad ing point. For I am not here to call benevolent way to help others around loans, to take high risks? Everyone into question or impugn anyone’s in- the world with various economic situa- who invests in this world, in this coun- tegrity, Mr. Speaker. However, there tions to the tune of $36 billion. But try or this world, takes some risk. In are compelling questions that confront what got my attention, and I hope has some cases you invest in a bank. If you the American people, and if duly con- gotten Members’ attention, is that the invest in a bank in this country, Mr. stitutional elected Members of Con- International Monetary Fund through Speaker, those loans are insured. That gress, then, are asked to abridge or si- Secretary Rubin, Secretary of the is a low risk. But if you want to take lence what is part of the public record, Treasury, has requested $18 billion a speculative risk, if you want to take I would suggest perhaps that we need more. The signs are that that is not all a big risk, go get something specula- to review those rules even as I respect they want. If we put that in perspec- tive to invest in. and adhere to the rules of the House. tive over the last several decades, we b 1300 Let me then simply read the conclu- have contributed $36 billion to the sion of the editorial, which I hope will IMF, and this year they are asking for If someone is standing there by you be found in concurrence with the rules $18 billion more. That is a 50 percent as a benefactor saying, if you get in of the House. I would commend to increase in what we have provided. trouble, I have a 4.7 percent loan for other sources the videotape that ap- I guess the question is, is there even you, not a bad deal. In fact, if we went peared on CBS on 60 Minutes, and I more to come? The issue of how much out on the street corner next to the would commend to everyone in this Na- we contribute to the IMF is important. Capitol building and set up shop and tion, Mr. Speaker, the words in this But there are other issues that are just said, we are going to make loans at 4.7 morning’s Washington Post editorial. as important, and that is questions in- percent, why, we would have a line For the Post, which agrees with Presi- volving how the money is used. I am stretching around the block. That is dent Clinton on many policy decisions, not saying the money is used incor- what the IMF effectively does. today makes a very forthright point in rectly, because it may very well be, but So I have introduced H.R. 3331, which concluding its editorial, and I will the fact of the matter is we do not is a bill that would correct the use of quote from the conclusion. know and we cannot find out, because these funds with American money, and the IMF operates in a cloak of secrecy. I urge all Members to look at it. ] Ms. Willey’s story adds to the critical mass of allegations the President now Here around our government in f Washington, D.C. and throughout the faces. They need to be answered not by States, we learned decades ago that THE PRESIDENT SHOULD ANSWER drips and drabs of ‘‘recovered memory’’ government works better when people QUESTIONS FULLY or fancy legal wordplay or a public can visualize what we are doing, when The SPEAKER pro tempore. Under presentation of all Ms. Willey’s they have access to our process. The the Speaker’s announced policy of Jan- failings. They just need to be an- cloak of secrecy that surrounds the uary 21, 1997, the gentleman from Ari- swered.’’ IMF and the reluctance or refusal of zona (Mr. HAYWORTH) is recognized dur- ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE the Secretary of the Treasury and his ing morning hour debates for 5 min- The SPEAKER pro tempore. The staff to communicate with us relative utes. Chair would again remind the gen- to the activities of the IMF are some- Mr. HAYWORTH. Mr. Speaker, my tleman that those discussions are not thing that needs to be changed. My ex- colleagues, and those citizens who join appropriate at this time on the floor, perience in January and February of us here in this chamber, and those citi- pursuant to the rules of the House. 1998 have revealed that there is a huge zens, Mr. Speaker, who join us elec- Mr. HAYWORTH. Mr. Speaker, re- reluctance on the part of IMF officials tronically from coast to coast and be- claiming my time, I appreciate the rule and of the Treasury to come forth with yond, I would commend to everyone’s of the Chair, but I believe it is impor- information. In fact, they have refused attention today the lead editorial in tant, Mr. Speaker, that the American on all but one occasion and when they the Washington Post entitled, Ms. Wil- people take a look at the serious situa- finally agreed to permit certain infor- ley’s Story. Mr. Speaker, because this tion confronting the executive branch mation to come forward to the Joint editorial is so important, I would like and confronting us all. In that spirit, Economic Committee, which I chair, to read into the RECORD portions of the Mr. Speaker, I would simply refer to they would have made us promise not editorial, because I believe they make some comments made in history by a to disclose it to anyone else. The very for compelling reading and offer a seri- distinguished member of the other same cloak of secrecy would have been ous case to the American people. party and its one-time Presidential imposed upon us that we are trying to When Newsweek magazine first re- nominee, Senator Hubert Humphrey of take away. ported allegations that President Clin- Minnesota, who nearly a quarter of a The issue of transparency with the ton had groped Kathleen Willey in the century ago on the NBC telecast Meet IMF is extremely important. Number White House, the President’s lawyer, The Press, when discussing another March 17, 1998 CONGRESSIONAL RECORD — HOUSE H1173 President confronting another difficult b 1400 of Texas to act as Speaker pro tem- time, offered the advice that the Presi- pore, and ask for its immediate consid- dent should answer the questions fully AFTER RECESS eration. and completely, because the American The recess having expired, the House The Clerk read the resolution, as fol- people are forgiving people. It is in was called to order by the Speaker at 2 lows: that spirit that I offer the same advice p.m. HOUSE RESOLUTION 386 today, not for purposes of partisan f Resolved, that the Honorable Richard K. tomfoolery, but because these ques- Armey, a Representative from the State of tions cut to the very core of our con- PRAYER Texas, be, and he is hereby, elected Speaker stitutional Republic. Indeed, Mr. The Chaplain, Reverend James David pro tempore on this day. SEC. 2. The Clerk of the House shall notify Speaker, it is difficult to rule or exer- Ford, D.D., offered the following pray- cise moral leadership when there ap- the President and the Senate of the election er: of the Honorable Richard K. Armey as pears to be little moral authority. At a time when there are great op- So I offer these observations not to Speaker pro tempore during the absence of portunities to do the works of justice stand and offer contentions for the the Speaker. and to show deeds of kindness, we pray rules of the House, not to be provoca- The resolution was agreed to. for the spiritual energy to do our work tive, but because the questions need A motion to reconsider was laid on answers. Mr. Speaker, in that vein, for and to be of service to every person. We the table. the public good, not for partisan politi- pray, O gracious God, for a strong faith f cal points, I would simply ask this and for the enthusiasm to translate that faith into action; we pray for wis- SWEARING IN OF HON. RICHARD K. President, Mr. Speaker, to follow the ARMEY AS SPEAKER PRO TEM- advice that Hubert Humphrey offered dom so that we will have the discern- ment to make good decisions; we pray PORE DURING ABSENCE OF THE nearly a quarter century ago. Because SPEAKER these issues transcend partisan poli- for a spirit of hope and for the everlast- tics, these issues need to be answered. ing yearnings we have for a better Na- The SPEAKER. Will the gentleman Mr. Speaker, I gladly yield my re- tion and a world at peace. So on this from Texas (Mr. ARMEY) come forward maining time to my colleague the gen- new day, O God, we are grateful for and take the oath of office. tleman from Iowa (Mr. LATHAM). your daily blessings and for your won- Mr. ARMEY took the oath of office f drous gifts of grace. Amen. administered to him by the Speaker, as f follows: TRIBUTE TO 185TH FIGHTER WING Do you solemnly swear that you will OF THE AIR NATIONAL GUARD THE JOURNAL support and defend the Constitution of Mr. LATHAM. Mr. Speaker, I thank The SPEAKER. The Chair has exam- the United States against all enemies, the gentleman from Arizona for yield- ined the Journal of the last day’s pro- foreign and domestic; that you will ing. ceedings and announces to the House bear true faith and allegiance to the Mr. Speaker, I rise today to recognize his approval thereof. same; that you take this obligation the men and women of the Air National Pursuant to clause 1, rule I, the Jour- freely, without any mental reservation Guard’s 185th Fighter Wing based out nal stands approved. or purpose of evasion, and that you will of Sioux City, Iowa. Mr. MARKEY. Mr. Speaker, pursuant well and faithfully discharge the duties Last week, members of the 185th of the office on which you are about to began a month-long deployment to Ku- to clause 1, rule I, I demand a vote on agreeing to the Speaker’s approval of enter. So help you God. wait to assist in the enforcement of the f no-fly zone over Iraq. Each member of the Journal. the 185th that is participating in this The SPEAKER. The question is on PALESTINIAN WARNS SETTLERS the Chair’s approval of the Journal. mission has volunteered for this duty. (Mr. PAPPAS asked and was given The question was taken; and the This nationally recognized group of permission to address the House for 1 Speaker announced that the ayes ap- men and women are among the finest minute and to revise and extend his re- peared to have it. of America’s defenders and marks.) Mr. MARKEY. Mr. Speaker, I object Siouxlanders are very proud to be rec- Mr. PAPPAS. Mr. Speaker, in today’s to the vote on the ground that a ognized as their home base. New York Times an article appeared quorum is not present and make the The 185th exemplifies the importance entitled ‘‘Palestinian Warns Settlers,’’ point of order that a quorum is not of Guard and Reserve units throughout and it says that the Palestinian secu- present. this country in ensuring the readiness rity chief in the West Bank warned The SPEAKER. Pursuant to clause 5, of our Nation’s national defense. They Jewish settlers today that they would are men and women who unselfishly rule I, further proceedings on this ques- ‘‘not leave alive’’ if they tried to at- take time away from their families and tion will be postponed. tack residents. their civilian roles in defense of free- The point of no quorum is considered Mr. Speaker, we are in a very impor- dom. withdrawn. tant time in the history of the State of In addition to the members of the f 185th, I would also like to recognize the Israel. Statements such as this cer- tainly are not conducive to the peace family members of the men and women PLEDGE OF ALLEGIANCE process, and I certainly hope that in who serve in Guard and Reserve units. The SPEAKER. Will the gentleman Many times, the difficulty of their sac- the future people in responsible posi- from Massachusetts (Mr. MARKEY) rifices of time away from their loved tions such as this will not make these come forward and lead the House in the ones is not properly acknowledged. I kinds of statements. Pledge of Allegiance. want those families to know that we f Mr. MARKEY led the Pledge of Alle- are praying for a successful mission for SLUSH FUND ACCOUNTABILITY the 185th and for the safe return home giance as follows: of their loved ones. Again, I want to I pledge allegiance to the Flag of the (Mr. HOYER asked and was given say we are praying for their safe return United States of America, and to the Repub- permission to address the House for 1 lic for which it stands, one nation under God, minute and to revise and extend his re- from Kuwait. indivisible, with liberty and justice for all. f marks.) f Mr. HOYER. Mr. Speaker, last year RECESS House Republicans created a $7.9 mil- ELECTION OF HON. RICHARD K. The SPEAKER pro tempore. Pursu- lion reserve fund for unanticipated ARMEY AS SPEAKER PRO TEM- ant to clause 12 of rule I, the Chair de- committee expenses. They always an- clares the House in recess until 2 p.m. PORE ON TODAY ticipated, of course, spending the Accordingly (at 1 o’clock and 7 min- Mr. BOEHNER. Mr. Speaker, I offer a money. What they could not anticipate utes p.m.), the House stood in recess privileged resolution (H. Res. 386) elect- was which partisan witch-hunts they until 2 p.m. ing the Honorable RICHARD K. ARMEY would use it for. H1174 CONGRESSIONAL RECORD — HOUSE March 17, 1998 This cash stash is nothing but a slush America, Samsung of Korea is moving Democrats have a plan to help vul- fund for GOP priorities. Committees to Mexico. nerable uninsured Americans between cook up schemes; if the Speaker ap- Free trade, my assets. The American the ages of 55 and 64 obtain health cov- proves, the Committee on House Over- worker is getting screwed, and Uncle erage under the Medicare program. The sight rubber stamps, and money flows. Sam is passing out cigars. Beam me up. Democratic proposal would make it There is no floor debate, no vote, and If this is free trade, then I am a fashion possible for those who are near retire- no accountability. Millions have been leader. ment age not to be wiped out by an ill- disbursed this way, and Republicans f ness because they do not have health are now scheming how to spend the $4 coverage. The program would expand million left in the fund. EVERY YEAR IS THE SAME; TAX Medicare coverage for people ages 62 to I have introduced legislation, Mr. TAKERS ASK FOR MORE AND 64, and displaced workers over 55 whose Speaker, requiring a House vote on fu- MORE FROM TAXPAYERS employers renege on their promise of ture payouts from the slush fund. If (Mr. BALLENGER asked and was retiree health benefits. The program is Republicans want to waste public given permission to address the House self-financed and would not cost the money on partisan witch-hunts, they for 1 minute and to revise and extend Medicare Trust Fund one dime. should have to debate and vote in pub- his remarks.) Mr. Speaker, I urge my Republican lic. Mr. BALLENGER. Mr. Speaker, as colleagues to stop sending us home and The majority loves to talk about ac- our country becomes increasingly di- start scheduling action on important countability. Let us see if they can put vided between taxpayers and tax tak- issues like Medicare expansion. This the slush fund where their mouth is. ers, the taxpayers are starting to stand proposal would be a significant and an f up and tell their Representatives in important step toward ensuring that those who are near retirement age CHILD SURVIVAL Washington that America will no longer be the land of opportunity if the would not be without health coverage (Mr. PITTS asked and was given per- current trend continues. if they had a serious illness. mission to address the House for 1 Just this month, USA Today had on f minute and to revise and extend his re- page 1 a chart showing the rising tax CONGRESS MUST NOT RETURN TO marks.) burden on the taxpayers. And the most Mr. PITTS. Mr. Speaker, I rise today THE FAILED POLICIES OF THE interesting thing about the chart was PAST to share the stories of a Kenyan doctor that the tax burden has been rising who describes the use of U.S. funded steadily year after year for all fami- (Mr. GUTKNECHT asked and was population control dollars in Africa. lies. It is rising for families with one given permission to address the House Dr. Stephen Karanja states, ‘‘Our income; it is rising for families with for 1 minute and to revise and extend health sector has collapsed. Thousands two incomes. his remarks.) of Kenyan people will die of malaria Funny how those who claim it is Mr. GUTKNECHT. Mr. Speaker, for whose treatment costs a few cents, in harder and harder for middle-class fam- the first time in a generation, Congress health facilities whose stores are ilies to get ahead never seem to men- will spend less than it takes in this stacked to the roof with millions of tion that one of the biggest reasons year. We should take this good news dollars worth of pills, IUDs, Norplant might be the rising tax burden. Funny with a dose of caution. I am afraid that Depo-provera, most of which are sup- how they never tire in opposing tax President Clinton has a different opin- plied with American money.’’ cuts on the grounds of fairness, and ion. With surpluses in sight, he has de- He goes on to say, ‘‘Some of these they never seem to consider the fair- cided that the era of saying ‘‘the era of contraceptives, like Depo-provera, ness towards the people who pay the big government is over’’ is over. cause terrible side effects to the poor taxes that Uncle Sam takes, between In his budget, the President proposes people of Kenya, who do not even have one-quarter and one-third of a middle- 85 new government initiatives costing competent medical check-ups before class family’s income. $150 billion over the next 5 years. He injection.’’ Every year it is the same old thing, pays for these programs with $129 bil- He continues, ‘‘A mother brought a tax takers ask for more and more from lion in new taxes and user fees, raising child to me for pneumonia, but I had taxpayers, and every year the tax- taxes to their highest level since 1945. no penicillin to give the child. What I payers sacrifice a little more freedom Even worse than that, the Clinton have in the stores are cases of contra- and find a little less opportunity in re- budget falls out of balance next year ceptives.’’ turn. and breaks the spending caps of last Colleagues, we should reexamine our summer’s balanced budget agreement spending priorities. We are overfunding f by $69 billion. family planning and underfunding ANNOUNCEMENT BY THE SPEAKER The President’s budget is built with child survival. We should focus our ef- PRO TEMPORE higher taxes, deficit spending, bigger forts on saving lives. government and broken promises. My f The SPEAKER pro tempore (Mr. grandmother used to say, ‘‘If you al- STEARNS). The Chair reminds all per- ways do what you have always done, CARNAGE OF NAFTA GOES ON AND sons in the gallery that they are here you will always get what you have al- ON as guests of the House, and that any ways got.’’ (Mr. TRAFICANT asked and was manifestation of approval or dis- In 3 short years we have cut taxes, given permission to address the House approval of proceedings is in violation eliminated deficits and kept our prom- for 1 minute and to revise and extend of the rules of the House. ises. We must not now return to the his remarks.) f failed policies of the past. Mr. TRAFICANT. Mr. Speaker, the f carnage of NAFTA goes on. Thompson DEMOCRATS PROPOSE TO EXPAND Electric is laying off a thousand work- MEDICARE COVERAGE FOR PEO- FRESHMAN CAMPAIGN FINANCE ers and moving to Mexico. Bass Shoe PLE AGED 62 TO 64 REFORM Company is laying off 350 workers and (Ms. DELAURO asked and was given (Mr. ALLEN asked and was given moving to the Caribbean. Mitsubishi permission to address the House for 1 permission to address the House for 1 Electric is moving to Mexico. Matsui minute and to revise and extend her re- minute and to revise and extend his re- Battery is moving to Mexico. Kobe marks.) marks.) Steel is moving to Mexico. Sanyo Plas- Ms. DELAURO. Mr. Speaker, today in Mr. ALLEN. Mr. Speaker, the tics is moving to Mexico. Divisions of my home State of Connecticut there Thompson report released last week Sony and Hitachi are moving to Mex- are over 30,000 people ages 55 to 64 who has confirmed what we all know; that ico. Asahi Glass is moving to Mexico. are uninsured; 1 in every 10 individuals the integrity of our political system And Fuji Electric is on their way to in this age group. That is simply unac- has been undermined by the influence Mexico. And not to be left behind in ceptable. of soft money. March 17, 1998 CONGRESSIONAL RECORD — HOUSE H1175 The soft money loophole is the pri- the year that many Americans dread murder, she successfully broke out of mary culprit for the abuses that Con- the most, and that is April 15th. April prison. gress has spent millions of dollars to 15th, as we all know, is tax day. That Recently, I was shocked to turn on investigate. Through the soft money means that, as we speak, families, busi- the evening news and see Joanne loophole, a single donor can give un- nesses throughout the Nation are filing Chesimard a free woman, living the limited amounts of money to influence through mountains of documents, high life in Cuba. Fidel Castro is pro- Federal elections. Soft money cir- forms, rules and regulations; and they tecting this cold-blooded cop killer. cumvents nearly a century of campaign are frustrated. There can and must be no safe haven finance law. I know my constituents in eastern for Joanne Chesimard. The bipartisan freshman task force North Carolina are frustrated, along Today, I am introducing a resolution set out to fix the major abuses of the with people throughout this Nation. which calls on the State Department to current system. We put our differences My constituents tell me they are hav- demand the extradition of Joanne aside and created a fair bipartisan cam- ing real problems with our complex and Chesimard as a condition for any im- paign finance reform bill, H.R. 2183, the burdensome Tax Code. Of course they provement in our relations with Cuba. Bipartisan Campaign Integrity Act. It are. Because they are currently facing I urge my colleagues to support this closes the soft money loophole, and it 480 different tax forms, the easiest of resolution. Insist that justice be gets elected officials out of the busi- which, the 1040 EZ, has 33 pages of in- served. Bring back Joanne Chesimard ness of raising $1 million special inter- structions, all in fine print. to the United States to spend the rest est contributions. It is fair. It is bipar- The American people want, need and of her life behind bars. tisan. deserve tax relief. Just ask anyone who f Mr. Speaker, the freshman bill must is preparing for April 15th. We owe the HUMAN RIGHTS ABUSES IN CHINA be allowed to come to the House floor American people tax relief. I hope that without any poison pills. An antilabor in a bipartisan way we can work to- (Mrs. LINDA SMITH of Washington bill is not bipartisan reform, it is a poi- gether to provide them with a fair, asked and was given permission to ad- son pill, and poison pills are used to simpler tax system. dress the House for 1 minute.) kill campaign finance reform. Mr. f Mrs. LINDA SMITH of Washington. Speaker, the freshmen deserve a vote Mr. Speaker, last Friday, for the first STANDING UP FOR WHAT IS RIGHT on H.R. 2183. time since the Tiananmen Square mas- AND DECENT IN AMERICA f sacre, the Clinton administration de- (Mr. DUNCAN asked and was given cided not to sponsor a U.N. resolution b 1415 permission to address the House for 1 condemning China’s terrible human FIGHT FOR COMPREHENSIVE TAX minute.) rights record. Why? Because China just REFORM Mr. DUNCAN. Mr. Speaker, Senator hinted that they may release a few dis- DANIEL PATRICK MOYNIHAN said 2 or 3 sidents. (Mr. GIBBONS asked and was given years ago that we have been ‘‘defining Let me tell my colleagues, this is not permission to address the House for 1 deviancy down, accepting as a part of progress. For the people who still toil minute and to revise and extend his re- life what we once found repugnant.’’ in slave labor camps in China, this is marks.) How true that is, and it is especially not progress. This is not protecting the Mr. GIBBONS. Mr. Speaker, last true when it comes to what we have thousands of people that are put in week the Clinton administration gath- been accepting in motion pictures and prison and then have their vital organs ered 40 lobbyists for a meeting at even into our homes through television harvested like animals. This is not which the President urged them to and now the Internet. progress. But this is an administration publicly oppose our efforts to force That is why it was so pleasant to that says we will have a national pol- changes in the current Tax Code by read the nationwide publicity about icy of trade without a conscience. 2001. Realizing, of course, that working the vote last week by the Town Council I want to tell my colleagues, the men and women in America are com- of Tangier Island, Virginia. The Tan- Americans I know everywhere I have mitted to idea of scrapping the current gier Council voted 6 to 0 to not allow a gone have a conscience. So today I Tax Code, the President has now en- Kevin Costner and Paul Newman movie really appreciate the gentleman from listed a group of spin doctors and to be filmed on the island. The council New Jersey (Mr. SMITH) for having the Washington insiders to defend the sta- decided that there was just too much courage to bring to the floor H.R. 364. tus quo of our tax system. obscene language and too many scenes This bill will send a strong message Well, I have a better idea of how the of an adult nature. that America will not ignore the President can spend his time. Instead We have been warping the minds of human rights abuses occurring each of gathering D.C. lobbyists and spin our young people, Mr. Speaker, with so day in China or anywhere in the world. masters, who make their living off the much that is indecent that we have al- f complexities of our Tax Code, the most lost the ability to be shocked U.N. GLOBAL CLIMATE ENVOY President should gather 40 hard-work- anymore. This Nation would be a far ing taxpayers and let them voice their better place if we had more people (Mr. KNOLLENBERG asked and was frustration and outrage over the Clin- standing up for what is right, decent given permission to address the House ton system. and good, as the Tangier Council did for 1 minute and to revise and extend Mr. Speaker, the President would do last week. his remarks.) well to simply listen to the horror sto- f Mr. KNOLLENBERG. Mr. Speaker, ries from taxpayers about the abuse, on a day when we are all trying to be intrusive and sometimes illegal acts EXTRADITION OF JOANNE green, I found an article in today’s committed by the IRS, rather than the CHESIMARD paper that disturbed my festive mood. lobbyists defending his Tax Code. Just (Mr. FRANKS of New Jersey asked It seems the UN’s Global Climate such a meeting would convince the and was given permission to address envoy was in Washington yesterday President to join rather than hinder the House for 1 minute.) bad-mouthing the United States Con- our fight for comprehensive tax reform. Mr. FRANKS of New Jersey. Mr. gress because we are asking the ques- f Speaker, 25 years ago Joanne tions that President Clinton is refusing Chesimard gunned down two State to ask about the Global Climate Treaty AMERICAN PEOPLE DESERVE TAX Troopers on the New Jersey Turnpike. agreed to in Kyoto. He said the U.S. RELIEF After hitting Trooper Werner Foerster should perhaps get more in touch with (Mr. JONES asked and was given per- with two shots in the chest, Chesimard the rest of the world and that this Con- mission to address the House for 1 grabbed his gun and fired two more gress is acting as if the rest of the minute.) bullets execution-style into his head. world does not exist. Mr. JONES. Mr. Speaker, today we Six years later, after serving just 2 Now the President may want to are just 30 days away from the day of years of a life sentence for first-degree blindly follow the UN and their global H1176 CONGRESSIONAL RECORD — HOUSE March 17, 1998 climate folies, but I and many others ‘‘(3) Activities under this subsection shall on Workforce Protections, Mr. OWENS, are not ready to send our jobs overseas be conducted independently of any enforce- and the ranking member of the full ment activity. If an employer fails to take and our economy into the tank because committee, Mr. CLAY, for their willing- immediate action to eliminate employee ex- the UN says we should. And if this posure to an imminent danger identified in a ness to work with us on this bill as well treaty is so great, then how come consultation or fails to correct a serious haz- as the following bill. And also I want to China, India, and Mexico are not will- ard so identified within a reasonable time, a thank Secretary of Labor Alexis Her- ing to commit to emissions reductions? report shall be made to the appropriate en- man and Assistant Secretary for Occu- On a day when I hope to be green, I am forcement authority for such action as is ap- pational Safety and Health, Charles blue. propriate. Jeffress, for their support of these bills. ‘‘(4) The Secretary shall, by regulation Mr. Speaker, the consultation pro- f after notice and opportunity for comment, gram allows employers, particularly ANNOUNCEMENT BY THE SPEAKER establish rules under which an employer— ‘‘(A) which requests and undergoes an on- small employers, with the opportunity PRO TEMPORE site consultative visit provided under this to receive expert advice and compli- The SPEAKER pro tempore (Mr. subsection, ance with OSHA standards and improv- STEARNS). Pursuant to the provisions ‘‘(B) which corrects the hazards that have ing safety and health in their work- of clause 5 of rule I, the chair an- been identified during the visit within the places, without the adversarial temper nounces that he will postpone further time frames established by the State and and approach often associated with agrees to request a subsequent consultative proceedings today on each motion to visit if major changes in working conditions OSHA enforcement inspections. suspend the rules on which a recorded or work processes occur which introduce new I believe this program truly does im- vote or the yeas and nays are ordered hazards in the workplace, and plement the approach to safety and or on which the vote is objected to ‘‘(C) which is implementing procedures for health which many of us have long sup- under clause 4 of rule XV. regularly identifying and preventing hazards ported: an OSHA program that offers Such roll call votes, if postponed, regulated under this Act and maintains ap- assistance, rather than merely the will be taken after debate has con- propriate involvement of, and training for, threat of enforcement, to employers. cluded on all motions to suspend the management and non-management employ- I have often said that it seems wrong ees in achieving safe and healthful working to me that employers who want to im- rules but not before 5 p.m. today. conditions, f prove their workplaces are afraid to may be exempt from an inspection (except call OSHA and ask for assistance. The OCCUPATIONAL SAFETY AND an inspection requested under section 8(f) or an inspection to determine the cause of a consultation program is one program HEALTH ADMINISTRATION COM- workplace accident which resulted in the that allows and encourages employers PLIANCE ASSISTANCE AUTHOR- death of one or more employees or hos- to call OSHA and to get that assist- IZATION ACT OF 1998 pitalization for 3 or more employees) for a ance. Mr. BALLENGER. Mr. Speaker, I period of one year from the closing of the My own company in North Carolina consultative visit. has used the North Carolina OSHA con- move to suspend the rules and pass the ‘‘(5) A State shall provide worksite con- bill (H.R. 2864) to require the Secretary sultations under paragraph (2) at the request sultation program; and, in fact, it was of Labor to establish a program under of an employer. Priority in scheduling such our experience with that North Caro- which employers may consult with consultations shall be assigned to requests lina program that triggered my intro- State officials respecting compliance from small businesses which are in higher duction of H.R. 2864. Under this pro- with occupational safety and health re- hazard industries or have the most hazard- gram, an employer invites the OSHA quirements, as amended. ous conditions at issue in the request.’’ consultation service into the work- The Clerk read as follows: The SPEAKER pro tempore. Pursu- place, and the consultant works with ant to the rule, the gentleman from H.R. 2864 the employer in identifying any viola- North Carolina (Mr. BALLENGER) and Be it enacted by the Senate and House of Rep- tions of OSHA standards and hazards. the gentleman from New York (Mr. If the employer fixes those items resentatives of the United States of America in Owens) each will control 20 minutes. Congress assembled, within a reasonable time, then there is The Chair recognizes the gentleman SECTION 1. SHORT TITLE. no enforcement action connected to it. from North Carolina (Mr. BALLENGER). Under H.R. 2864, an employer who This Act may be cited as the ‘‘Occupa- Mr. BALLENGER. Mr. Speaker, I meets certain listed criteria may also tional Safety and Health Administration yield myself such time as I may con- Compliance Assistance Authorization Act of be exempt from some inspections for 1 1998’’. sume. Mr. Speaker, H.R. 2864 will amend year. SEC. 2. COMPLIANCE ASSISTANCE PROGRAM. the Occupational Safety and Health I believe the program fills a real Section 21 of the Occupational Safety and Act to provide specific statutory au- need. Unfortunately, it has not been Health Act of 1970 is amended by adding at well enough known, nor has it received the end the following new subsection: thorization and direction for consulta- tion programs operated by States with enough funding, to fulfill that need. So ‘‘(d)(1) The Secretary shall establish and I hope that recognizing the program in support cooperative agreements with the the assistance of Federal funding and States under which employers subject to this direction. this statute is the first step in making Act may consult with State personnel with These programs have in fact been op- it more widely known and increasing in respect to— erating for over 20 years. In 1975, OSHA its availability. ‘‘(A) the application of occupational safety began entering into contracts with the This bill along with the following bill and health requirements under this Act or States to provide enforcement con- are small but I think significant steps under State plans approved under section 18; sultations for small businesses. The au- in bringing about change to the way in and thority which OSHA used for these which OSHA carries out the role of pro- ‘‘(B) voluntary efforts that employers may tecting and promoting worker safety undertake to establish and maintain safe and contracts is the general contracting healthful employment and places of employ- authority in section 7C(1) of the Occu- and health. ment. pational Safety and Health Act. Again, I want to express my appre- Such agreements may provide, as a condition In recent years the small business ciation to the gentleman from New of receiving funds under such agreements, community, State consultation pro- York (Mr. OWENS) for working out the for contributions by States towards meeting grams and the Clinton administration legislation. Even though we were basi- the costs of such agreements. have all supported amending the Occu- cally following the current program, ‘‘(2) Pursuant to such agreements the pational Safety and Health Act to add there were still a few issues that we State shall provide on-site consultation at a specific authorization and direction had to resolve, and I appreciate his the employer’s worksite to employers who for the on-site consultation programs. willingness to do so. request such assistance. The State may also So I am pleased to be able to bring this It is my hope that with the biparti- provide other education and training pro- san effort and support for these bills grams for employers and employees in the bill to the House, with bipartisan sup- State. The State shall ensure that on-site port in our committee. And with the that the Senate will move quickly and consultations conducted pursuant to such support of the Clinton administration. cleanly as well. There are a lot of other agreements include provision for the partici- I want to particularly thank the issues related to OSHA that we need to pation by employees. ranking member of the Subcommittee plan and deal with, but I hope that March 17, 1998 CONGRESSIONAL RECORD — HOUSE H1177 these bills do not become entangled in tremely effective in reaching out to violations as long as the employer other issues. small businesses and working with agrees to correct any hazards. Even Mr. Speaker, I reserve the balance of them to improve safety and health. better, a company that participates in my time. The biggest problem with the program the compliance assistance program Mr. OWENS. Mr. Speaker, I yield my- has been lack of resources; and we hope then can be exempted from regular self such time as I may consume. that, by specifically recognizing con- OSHA inspections for a year if they im- Mr. Speaker, I want to express my sultation services in the statute, that plement hazard prevention procedures appreciation to the gentleman from we will bring additional recognition and provide for safety training for North Carolina (Mr. BALLENGER), and resources to the program. management and for employees. I wish Chairman of the Subcommittee on that more companies had the ability to b 1430 Workforce Protections, for his willing- take advantage of this. ness to work with me on this legisla- H.R. 2877 prohibits OSHA from using One such plant in my district was re- tion. I believe the bill before us will enforcement measures such as number cently visited in a random OSHA in- further the safety and health of work- of citations issued or penalties assessed spection. I do not know if this bill ers, and I am pleased to support its to evaluate OSHA inspectors. It ad- would have helped them or not and I do passage. dresses the reality as well as the per- not know if the person who visited Mr. Speaker, I reserve the balance of ception that OSHA inspectors often from OSHA was on a quota, but what my time. care less about worker safety than ended up happening is a lot of picayune Mr. BALLENGER. Mr. Speaker, I meeting quotas for citations and pen- things were found, the company was yield 3 minutes to the gentleman from alties. The former director of OSHA fined $10,000, called Rijnstaal USA, and Pennsylvania (Mr. GOODLING), Chair- has acknowledged that past policy of they are owned by a foreign entity. man of the Committee on Education the agency was in fact to use numbers Now the foreign entity is taking a look and the Workforce. of citations issued and penalties as- at perhaps moving this plant out of Ar- Mr. GOODLING. Mr. Speaker, I sessed as performance measures. As a nold, Pennsylvania to Southeast Asia thank the gentleman from North Caro- matter of official policy, OSHA says it because they think that OSHA has lina for yielding me this time. no longer uses these as performance been picking on them, that they have Mr. Speaker, I want to express my measures. H.R. 2877 makes this policy not had an opportunity to go in and support for the two bills amending the permanent and also reflects our inten- correct some of these small problems. In a case like that, who would win? Occupation Safety and Health Act that tion that OSHA’s primary focus is not Certainly the Federal Government are on the suspension calendar today. issuing citations and levying fines, but would not win, we would get less tax I want to particularly commend the rather promoting safety and health for dollars, less of our people would be gentleman from North Carolina (Mr. all American workers. working and paying dollars. Jobs and BALLENGER), the Chairman of the Sub- Mr. OWENS. Mr. Speaker, I yield opportunities are lost to the commu- committee on Workforce Protection, such time as he may consume to the nity. Taxpayers lose. The employees of gentleman from Pennsylvania (Mr. for his work on these bills and for his this company would lose. The only peo- KLINK). leadership on matters related to OSHA. ple that would gain would be whatever Mr. KLINK. Mr. Speaker, I thank the Also, I want to commend the gen- region of Southeast Asia would get this gentleman for yielding me this time. I tleman from North Carolina along with company. the gentleman from New York, the cannot tell my colleagues how pleased We must take a more common sense ranking member of the Subcommittee I am that this legislation, in fact both approach, and these two bills today on Workforce Protection, for being bills that come to the floor today are really begin to do that. My colleagues able to bring not one but two bills deal- here. I want to commend and thank my on the committee are to be lauded for ing with OSHA to the floor with bipar- former colleagues on the Committee on their efforts. Mr. Speaker, I think this tisan support. Education for this legislation, espe- bill is a fine example of both labor- I would note that both bills are sup- cially the gentleman from Pennsyl- management cooperation and biparti- ported by the Clinton administration vania (Mr. GOODLING), the gentleman san legislating. I urge my colleagues to as well as by the National Federation from North Carolina (Mr. BALLENGER) support it. of Business, the Chamber of Congress and the gentleman from New York (Mr. Mr. OWENS. Mr. Speaker, I have no and the Coalition on Occupational OWENS). As far back as I remember further requests for time, and I yield Safety and Health and other organiza- when I had the pleasure and honor and back the balance of my time. tions. That is a rather remarkable con- distinction of serving on this commit- Mr. BALLENGER. Mr. Speaker, I vergence of support, particularly for tee back in the 103rd Congress, we have no further requests for time, and bills amending the Occupational Safety wrangled with the whole idea of OSHA I yield back the balance of my time. and Health Act. reform. We did not quite get the whole The SPEAKER pro tempore (Mr. Mr. Speaker, these two bills are OSHA reform package together, but I STEARNS). The question is on the mo- small but important steps in bringing am very pleased that the committee tion offered by the gentleman from about change to the way OSHA carries now has moved this bill and the bill to North Carolina (Mr. BALLENGER) that out its role in protecting worker safety come after this that really make com- the House suspend the rules and pass and health. They help move OSHA to- mon sense bipartisan changes to the the bill, H.R. 2864, as amended. wards a more cooperative, less OSHA Act. This committee and the The question was taken; and (two- confrontational approach. House really do themselves proud when thirds having voted in favor thereof) H.R. 2864 requires OSHA to provide they act in a common sense, bipartisan the rules were suspended and the bill, work-site consultations to employers, fashion to correct these issues. as amended, was passed. A motion to reconsider was laid on particularly small employers, who re- Mr. Speaker, H.R. 2864 is good legis- the table. quest the consultation. These consulta- lation, it follows the old adage that an tions will be provided through State ounce of prevention is worth a pound of f agencies or public colleges or univer- cure. This bill will authorize OSHA’s AMENDING OCCUPATIONAL sities. compliance assistance program, which SAFETY AND HEALTH ACT OF 1970 H.R. 2864 in effect codifies the con- has been in operation since the mid- Mr. BALLENGER. Mr. Speaker, I sultation program from OSHA that 1970s and for 23 years it has been work- move to suspend the rules and pass the began in the 1970s and which has pro- ing well. I think we should not only be bill (H.R. 2877) to amend the Occupa- vided thousands of small businesses authorizing this program, but expand- tional Safety and Health Act of 1970, as with expert advice and assistance in ing it because this program would help amended. providing a safer workplace for their companies avoid problems with OSHA The Clerk read as follows: employees and compliance with OSHA and at the same time make the work- H.R. 2877 standards. place safer for workers. Be it enacted by the Senate and House of Rep- I know that in my own State, the An employer can ask a State consult- resentatives of the United States of America in consultation program has been ex- ant to review their work site for OSHA Congress assembled, H1178 CONGRESSIONAL RECORD — HOUSE March 17, 1998 SECTION 1. INSPECTIONS. OSHA away from enforcement as its Mr. OWENS. Mr. Speaker, I yield my- Section 8 of the Occupational Safety and primary purpose and goal. Today we self such time as I may consume. Health Act of 1970 (29 U.S.C. 657) is amended take a small step toward correcting Mr. Speaker, again I want to thank by adding at the end the following: ‘‘(h) The Secretary shall not use the re- history and the practice of OSHA. H.R. the gentleman from North Carolina sults of enforcement activities, such as the 2877 amends the Occupational Safety (Mr. BALLENGER), the chairman of the number of citations issued or penalties as- and Health Act to prohibit the use of Subcommittee on Workforce Protec- sessed, to evaluate employees directly in- enforcement measures, such as number tions, for his willingness to work with volved in enforcement activities under this of citations or amount of penalties, to me on this legislation. I fully concur in Act or to impose quotas or goals with regard evaluate OSHA personnel. It also pro- the gentleman’s view that OSHA to the results of such activities.’’. hibits the use of such enforcement should not adopt work performance The SPEAKER pro tempore. Pursu- measures as goals or quotas. More measures that can serve to bias the in- ant to the rule, the gentleman from broadly, this bill is intended to direct spection process. The Clinton adminis- North Carolina (Mr. BALLENGER) and OSHA’s focus towards promoting safe- tration also strongly shares this view. the gentleman from New York (Mr. ty rather than viewing its goal and I do want to take this time to con- OWENS) each will control 20 minutes. purpose as penalizing employers. gratulate the administration and the The Chair recognizes the gentleman I want to express again my apprecia- workers at OSHA. There are few agen- from North Carolina (Mr. BALLENGER). tion to the gentleman from New York cies that have such life and death re- Mr. BALLENGER. Mr. Speaker, I (Mr. OWENS), the ranking member of sponsibilities as OSHA. We must re- yield myself such time as I may con- the subcommittee, and the gentleman member that last year more than 6,000 sume. from Missouri (Mr. CLAY), the ranking workers died on the job and nearly Mr. Speaker, H.R. 2877 amends the member of the full committee, as well 60,000 were injured on the job. The Occupational Safety and Health Act to as the gentleman from Pennsylvania work at OSHA remains very important (Mr. GOODLING), the chairman, for their prohibit the use of enforcement meas- and will go on. I think we should un- support of this bill, and also to the Sec- ures, such as numbers of citations and derstand the difficulties that the OSHA retary of Labor and the Assistant Sec- penalties, for evaluating OSHA compli- inspectors face in respect to the incon- retary for Occupational Safety and ance officers. venience of employers versus the pro- Health, who have also expressed sup- Mr. Speaker, few other Federal agen- tection of the health and safety of em- port for this bill. cies have had the negative reputation ployees. I therefore support H.R. 2877 among employers, hardly ever anybody As I noted earlier, the problem of evaluating OSHA personnel by the and urge its adoption. with the reputation of OSHA. There Mr. ROEMER. Mr. Speaker, I would like to are certainly those who would say that number of citations issued has not been confined to either Republican or Demo- voice my support today for H.R. 2877 and this attitude simply reflects the em- H.R. 2864. Both of these are encouraging ex- ployer’s lack of concern for the health crat administrations. It did, however, become particularly obvious when the amples of meaningful bipartisan reform that and safety of their employees. As a are enabling the agency to move from an ad- businessman, I do not believe that my- Clinton administration in its first 2 years set agencywide goals of increased versarial relationship with employers to a co- self. Instead, I think the problem has operative one. been with OSHA. I would note my citations and penalties. Inspectors openly spoke to employees about hav- The common sense changes in H.R. 2877 agreement with the statement made by ing to issue citations in order to meet assure that inspectors do not have to ever ex- Vice President GORE that he made to their quotas. I think few actions have aggerate the number or severity of violations hundreds of small business owners and undercut the agency’s credibility as a they might find in work site inspections. It representatives in 1995 at the White safety and health agency more than does so without compromising the safety of House Conference on Small Business, that. To its credit the Clinton adminis- workers and without losing managerial control where he said, tration has taken steps to reverse this of the agency. I know that OSHA has been the subject of course. The previous and current ad- H.R. 2864 works to partner state consulta- more small business complaints than any tion programs with businesses who seek ad- other agency. And I know that it is not be- ministrators of OSHA have taken steps to remove the most blatant uses of ci- vice on OSHA compliance. It is a great exam- cause you don’t care about keeping your ple of how OSHA can proactively cooperate workers safe. It is because the rules are too tations and penalties to evaluate em- rigid and the inspections are often adversar- ployees. Officially citations and pen- with employers to correct problems without un- ial. alties are no longer used as a perform- necessary fines before they cause injury or I would add one more reason to those ance measure. This was one of the cost a life. It also focuses on small businesses stated by the Vice President: OSHA’s steps taken as part of OSHA’s reinven- in hazardous industries that may not be able longtime practice of evaluating its tion by the Clinton administration. I to afford full-time safety managers or expen- overall performance and the perform- certainly think it is a step in the right sive consultants. In the spirit of these effective and bipartisan ance of its compliance personnel, the direction and one that I strongly sup- measures, I plan on introducing a bill that only people from OSHA that most em- ported. Nonetheless, we continue to helps solve a problem that some employers ployers and employees ever actually hear complaints both from employers are having maintaining their Material Safety deal with, primarily on the basis of and from compliance personnel. Data Sheets as mandated by OSHA. By allow- their enforcement numbers. Employers Just recently, for example, compli- ing electronic access to these records, stand- are justifiably outraged and resentful ance officers in one region were given ardizing the format, and setting a comprehen- of an agency when its inspectors are benchmarks by which their perform- sible reading level, I hope to increase worker primarily interested in finding viola- ance was judged. Those benchmarks in- safety while lowering costs and headaches for tions so that they look good to their cluded such things as numbers of cita- small businessmen. superiors. tions per inspection and percentage of Again, these are excellent bills, and I wish A couple of years ago the deputy ad- serious versus nonserious violations. to offer my utmost support. I encourage my ministrator of OSHA who had spent his This legislation is needed for several colleagues to do the same. career with the agency made the obser- reasons: first, to make sure that the Mr. UNDERWOOD. Mr. Speaker, I rise in vation that current official policy of the agency is continued; second, to make clear to ev- support of H.R. 2877. ``Safety First,'' is a OSHA for the past 25 years has basically catchphrase known to many of us. Although, done business the same way. Congress gave eryone throughout OSHA that the use us the money and we gave them the inspec- of enforcement measures to evaluate often disregarded, the virtue and benefits of tions. We finally realized that the number of compliance personnel is not permitted; this policy are universally recognized, accept- inspections doesn’t change the behavior of third, to assure not only OSHA person- ed and appreciated. The concept of safety has anyone and listened to employers who com- nel but also employers and employees attracted so huge a following that eventually it plained that the violations OSHA cited that OSHA’s primary purpose is not was decided that everyone should follow and didn’t relate to illness and injuries. citing and fining employers but in pro- live by its precepts. Later, we even came up I might add that that realization by moting safer jobs. with legal definitions. However, as most well- OSHA came about the same time that Mr. Speaker, I reserve the balance of meaning folks have done before, we may we in Congress began trying to refocus my time. have gone overboard by selectively imposing March 17, 1998 CONGRESSIONAL RECORD — HOUSE H1179 this concept and designating some a few un- AUTHORIZING USE OF CAPITOL tional level. The sponsor will assume fortunate entities to suffer the consequences GROUNDS FOR BREAST CANCER full responsibility for all expenses and for everyone. A scheme was even devised so SURVIVORS EVENT liabilities relating to the event. that we can collect money from those who de- Mr. KIM. Mr. Speaker, I move to sus- b 1445 viated from our mandates. This bring us to pend the rules and agree to the concur- question whether safety is really the first prior- In addition, all of the arrangements rent resolution (H. Con. Res. 238) au- will be overseen by the Architect of the ity. thorizing the use of the Capitol H.R. 2877 prohibits the Labor Department Capitol and the Capitol Police Board. Grounds for a breast cancer survivors The sponsor intends to erect a stage and the Occupational Safety and Health Ad- event sponsored by the National Race and a 50- to 75-foot pink ribbon, the ministration (OSHA) from using results of en- for the Cure, as amended. commemorative symbol of breast can- forcement activity, such as numbers of cita- The Clerk read as follows: cer awareness, and sound amplification tions issued and penalties assessed, to evalu- H. CON. RES. 238 equipment. ate employees directly involved in OSHA en- Resolved by the House of Representatives (the In addition, in order to satisfy the forcement activities. In addition, this bill would Senate concurring), concerns regarding fund-raising activi- prohibit OSHA from imposing quotas or goals SECTION 1. AUTHORIZATION OF BREAST CANCER ties, the amendment clarifies that this for citations or penalties on its inspectors. SURVIVORS EVENT ON CAPITOL event will not involve any fund-raising Coming from the island of Guam, I am no GROUNDS. activities, as this is a prohibited use of stranger to complaints of unfair treatment by The National Race for the Cure (referred to the Capitol grounds pursuant to title Federal officials. OSHA issues have generated in this resolution as the ‘‘Race’’) may spon- sor a public event on the Capitol Grounds on 40, section 193 of the United States their fair share of attention on the island. Con- April 1, 1998, or on such other date as the Code. tractors of Guam feel that they are being sin- Speaker of the House of Representatives and Mr. Speaker, breast cancer strikes 1 gled out by OSHA inspectors. Figures show the President pro tempore of the Senate may out of 8 American women and is the that 85% to 90% of the Administration's in- jointly designate. leading cause of death for women be- spection resources for our region was spent SEC. 2. CONDITIONS. tween the ages of 35 and 54. Early de- on Guam although we had the lowest fatality (a) IN GENERAL.—The event to be carried tection is known to provide the best rates and some of the lowest injury rates of out under this resolution shall be— (1) free of admission charge to the public; chances of survival from this disease. Region IX. This event will lend support to all sur- Consistency in OSHA's definitions also and (2) arranged not to interfere with the needs vivors of breast cancer and dem- come to question. OSHA has stated that in- of Congress and under conditions to be pre- onstrate our commitment to the com- creased inspection activity in our area is due scribed by the Architect of the Capitol and plete eradication of the disease. to the presence of high hazard industries. the Capitol Police Board. In conclusion, I wish to congratulate However, nowhere else are labor camps listed (b) RESPONSIBILITY.—The Race shall as- the gentleman from New York (Mr. sume full responsibility for all expenses and as high hazard industries. Innovative programs SOLOMON), the Chairman of the Com- and approaches such as Voluntary Programs liabilities incident to all activities associ- ated with the event. mittee on Rules who sponsored this and ``Quick Fix'' Programs have not been resolution, and the gentleman from made available to Guam. It has also been SEC. 3. STRUCTURES AND EQUIPMENT. For the purposes of this resolution, the Texas (Mr. BENTSEN), whose wife brought to my attention that as of May 1997, Tamra is a private organizer of this OSHA Enforcement officers have been Race may erect upon the Capitol Grounds, subject to the approval of the Architect of event. stripped of all authority except to conduct se- the Capitol, such stage, sound amplification I support this resolution and urge my lected inspections. devices, commemorative pink ribbon, and colleagues to support it. H.R. 2877's provisions would not solve all of other related structures and equipment as Mr. Speaker, I yield 5 minutes to the the world's problems. However, if OSHA's in- may be required for the event to be carried gentleman from New York (Mr. SOLO- out under this resolution. spectors do not have to worry about quotas, MON). we can greatly reduce unfair citations and SEC. 4. ADDITIONAL ARRANGEMENTS. Mr. SOLOMON. Mr. Speaker, I thank fines. Safety first; fines only if necessary; and The Architect of the Capitol and the Cap- the gentleman for yielding me this itol Police Board may make any such addi- quotas . . . quotas are not at all necessary. I time. They are waiting upstairs for a urge my colleagues to support H.R. 2877. tional arrangements that may be required to carry out the event under this resolution. quorum, and I have to get back up Mr. OWENS. Mr. Speaker, I yield there. back the balance of my time. SEC. 5. APPLICABILITY OF PROHIBITIONS. Nothing in this resolution may be con- Mr. Speaker, on behalf of Senator Mr. BALLENGER. Mr. Speaker, I strued to waive the applicability of the pro- CONNIE MACK, the gentleman from yield back the balance of my time. hibitions established by section 4 of the Act Texas (Mr. BENTSEN) and myself, I in- The SPEAKER pro tempore. The of July 31, 1946 (Chapter 707; 60 Stat. 718), troduced House Concurrent Resolution question is on the motion offered by concerning sales, displays, and solicitations 238. I want to say what an honor and the gentleman from North Carolina on the Capitol Grounds. privilege it has been to work with the (Mr. BALLENGER) that the House sus- The SPEAKER pro tempore. Pursu- distinguished Senator from Florida, pend the rules and pass the bill, H.R. ant to the rule, the gentleman from CONNIE MACK, and his wife Priscilla on 2877, as amended. California (Mr. KIM) and the gentleman this very, very important initiative. The question was taken; and (two- from Minnesota (Mr. OBERSTAR) each I want to thank the Chairman of the thirds having voted in favor thereof) will control 20 minutes. Subcommittee on Public Buildings and the rules were suspended and the bill, The Chair recognizes the gentleman Economic Development, the gentleman as amended, was passed. from California (Mr. KIM). from California (Mr. KIM), and of A motion to reconsider was laid on Mr. KIM. Mr. Speaker, I yield myself course the ranking member, the gen- the table. such time as I may consume. tleman from Minnesota (Mr. OBER- Mr. Speaker, House Concurrent Reso- STAR), my good friend, as well for the f lution 238, as amended, authorizes the opportunity to speak on this issue here use of the Capitol Grounds by the Na- this morning. tional Race for the Cure to host an Mr. Speaker, this a humble resolu- GENERAL LEAVE event on the morning of Wednesday, tion. It simply authorizes the use of Mr. BALLENGER. Mr. Speaker, I ask April 1, 1998. This event is a tribute to the Capitol grounds for an event on unanimous consent that all Members breast cancer survivors and will be free April 1st which will honor breast can- may have 5 legislative days within of charge and open to the public. Fur- cer survivors sponsored by the nation- which to revise and extend their re- thermore, it will not interfere with the ally recognized Race for the Cure. marks on H.R. 2864 and on H.R. 2877. needs of Congress. Mr. Speaker, the statistics are stag- The SPEAKER pro tempore. Is there This Survivors Day event is intended gering. Breast cancer strikes 1 in 8 objection to the request of the gen- to raise the awareness of breast cancer women, as my good friend, the gen- tleman from North Carolina? and emphasize the importance of edu- tleman from California (Mr. KIM) has There was no objection. cation and early detection on a na- said, and is the leading cause of death H1180 CONGRESSIONAL RECORD — HOUSE March 17, 1998 for women between the ages of 20 and crashed in upon the Oberstar family. I Mr. OBERSTAR. Mr. Speaker, I yield 54. Today, there are 2.6 million women was serving on the Committee on the such time as she may consume to the living with breast cancer in the United Budget at the time, and I, for the first gentlewoman from the District of Co- States. No woman is immune from the time, must shamefully admit, took a lumbia (Ms. NORTON). disease, and sadly, over 180,000 new look at the number for breast cancer Ms. NORTON. Mr. Speaker, I thank cases will be diagnosed this year alone. research. It was $35 million in 1983. It is the gentleman for yielding to me. The In my home State of New York, nearly now well over $500 million. I am gentleman has spoken movingly of his 14,000 women will be diagnosed with pleased to say that I have had some own personal experience, one that I re- breast cancer this year. role in moving it along in that direc- member when it occurred. In doing so, Mr. Speaker, early detection is the tion, but there were lots of others who I think he speaks for many Members of key to winning the battle against participated and made it happen. this House, who in one fashion or an- breast cancer. We now know that regu- In the 8 years that Jo struggled with other have had family members to ex- lar mammography screenings with breast cancer, the ups and downs, the perience this disease. And in this re- prompt treatment could result in one- pain of treatment, the pain that our spect, Mr. Speaker, I think that the third fewer deaths. The bad news is children felt as they lost the participa- Members of this House are truly rep- that only one-third of women follow tion of their mother to an ever-increas- resentative of the American people, be- the recommended screening guidelines. ing level of inability to function fully cause this frightening disease is one That is why we are here today, to au- as a human being, but still with a great that knows no group of any kind and is thorize the use of the Capitol grounds heart, with enormous love and great spread throughout the society. So it to highlight the importance of edu- support for the children, to the degree makes great sense that on the people’s cation and early detection on a na- that she could, in that period of 8 grounds we would grant an exception tional level by celebrating survivors of years, 300,000 women died of breast can- and allow a tribute to be held here in breast cancer and enhancing public cer. connection with the Race for the Cure. awareness of this devastating disease. Annually, more women died in the So I strongly support this resolution Mr. Speaker, life is an incredible gift, 1980s of breast cancer than men and that would allow the use of the Capitol and having survived a battle against women died in the Vietnam War over 10 grounds for the so-called Capitol trib- cancer myself on 2 occasions in the years. In the decade since the second ute to breast cancer survivors, and I do past 4 years, I just want to urge every- round of onset of spread and metastasis so in two capacities, or perhaps three, one to come over here and pay tribute of that disease in her body, 420,000 not only as a member of Congress, but to these women and pass this bill women have died of breast cancer. as the cochair of the Congressional today. Research has been effective in open- Women’s Caucus, 50 Members strong, Mr. OBERSTAR. Mr. Speaker, I yield ing new avenues of treatment, much who all of us across party lines strong- myself such time as I may consume. earlier detection, much better treat- ly support this resolution, and, of I am obviously very strong in support ment and care of breast cancer victims, course, as the Member representing the of the pending resolution, and I thank but we are still a long way, we are not Nation’s Capital, which is proud and the Chair of the subcommittee for mov- even halfway home; we are a long way pleased to have this tribute take place ing this legislation through so expedi- from even seeing avenues to a cure, let in this city. I support this resolution for a special tiously, and the Chairman of the Com- alone truly effective treatments. mittee on Rules for his very thoughtful The work that we do and activities reason. I believe these events have made a tremendous difference. The words in support of an issue that is like Race for the Cure does do some- gentleman from Minnesota (Mr. OBER- very special to me. thing of extreme importance, and that STAR) spoke about the need to raise Mr. Speaker, I bring a personal per- is to bring home to women the impor- consciousness. It is raising awareness spective as well as a legislative per- tance of early detection, regular check- that is saving lives. It is raising aware- spective to this issue. The nationally ups. The earlier one detects the dis- ness that has sent women of every ra- established Race for the Cure has done ease, the better chance one has of sur- cial group and income group in huge an enormous amount of good in edu- viving. numbers now to take advantage of cation and in publicizing an issue na- Our three daughters understand this tionally that until the early 1980s was mammography. all very well. Their mother had breast What is most encouraging to me is to one that sort of stood in the closet. cancer; their grandmother had breast see how mammography has spread Until that time, it was difficult for cancer. They are at some level of risk. across all the discernible lines, and most people to say in a public setting But they have more at their disposal that could simply not have happened the word breast, and then to associate than their mother had. They know how except for a very much elevated con- it with cancer. But along about the early this disease can strike. They sciousness. We would not have poor early 1980s, this disease came to be of know that they need regular checkups. women and women of color going to get epidemic proportions. They know how quickly to act, and we their mammograms by the hundreds of The Race for the Cure has brought want that kind of information brought thousands as we do today were it not this issue home to people of all walks home to women all across America. for events like this that did perform of life all across the country, educating And the Race for the Cure is a way to the simple agent of raising conscious- women to the need for self-examina- do that. ness. tion, regular visits with a physician, No longer should generations of The Women’s Caucus takes special regular mammographies for women of mothers, cornerstone of humanity, note of this resolution and especially certain age, for women with a family worry, wonder, live in fear, sometimes supports it. Breast cancer was long an history of breast cancer, for women terrifying fear, that they, too, may be- underfunded disease spreading at with a family history of breast cancer come victims. frightening rates throughout our soci- and whose first child was born after the I applaud those who have organized ety, and the Women’s Caucus years ago age of 30. And as women became better in State after State across the country took it as its own special mission and informed, as the terms entered our na- the Race for the Cure with the con- obligation to see to it that funding was tional lexicon, there have been enor- tribution they are making to future increased for the eradication of breast mous benefits. The Race for the Cure generations of women who can live cancer. has raised dollars for cancer research, more hopefully than did women of my but more importantly, it has raised wife’s generation. The race may not be b 1500 consciousness and awareness and the for a cure, but it has that objective in Funding matters and raising con- information level and the understand- mind, and we must keep hope alive and sciousness matters. I think we see that ing level. keep research going and keep early de- in the figures that were reported on When my wife Jo detected the lump tection and treatment nurtured by the March 13, that in the first 5 years of in her breast and it was confirmed as benefits of this initiative. the 1990s the annual number of new malignant, and she had a mastectomy, Mr. KIM. Mr. Speaker, I reserve the cases for cancer of all kinds fell stead- followed by chemotherapy. The issue balance of my time. ily, and this happened among men and March 17, 1998 CONGRESSIONAL RECORD — HOUSE H1181 women of all ethnic groups and most I know many of our congressional estimated 182,000 women were diagnosed age groups. spouses, including my own, are very ac- with breast cancer and 46,000 died of the dis- I was particularly heartened that tively involved in the National Race ease. this downward trend for cancer was for the Cure, because they feel very We must increase our investment in breast noted among several specific kinds of strongly about the impact upon cancer research. We know very little about cancer: lung, prostate, colon or rectal women. It is for that reason I am how to prevent the disease and treatment op- and, yes, breast cancer. pleased to rise in support of this meas- tions are few. At least two-thirds of breast can- This is, of course, as we might imag- ure, and I hope our colleagues give it cers occur in women with no known risk fac- ine, Mr. Speaker, the most frightening full support. tors. form of cancer for women. Perhaps it is Mr. OBERSTAR. Mr. Speaker, I yield Just last weekend, I was honored to present not the most devastating, but it just as myself such time as I may consume. a leadership award to Nancy Brinker, who es- well may be, because it attacks the Mr. Speaker, from time to time I tablished the Susan Komen Breast Cancer mind and the spirit with special vi- have raised questions about various Foundation and who created the Race for the ciousness, even as it is attacking the events proposed for the Capitol Cure. This event has become the nation's body. grounds, some of which I have thought largest 5K series held in a record 86 cities Among women, breast cancer has de- were inappropriate or limited to a very throughout the United States in 1998. clined for whites, and it has declined narrow interest group. This event, the It is most appropriate that this House ap- for Asians and for Hispanics. But dur- National Race for the Cure, to be held prove the use of our nation's Capitol for this ing those years, 1990 to 1995, it rose for on April 1, is a broadly-inclusive event, important event, and take this opportunity to blacks. This rise for one group and the one in which a wide range of people redouble our efforts to eradicate breast can- continuing numbers of women who get participate. It does not serve a special cer. breast cancer of course takes away interest, it serves all interests. It is Mr. OBERSTAR. Mr. Speaker, I yield from the very hopeful statistics that certainly in the category, in my classi- back the balance of my time. are beginning to be reported. Breast fication, of those kinds of events that Mr. KIM. Mr. Speaker, I yield back cancer is the second leading cause of are appropriate for the grounds of our the balance of my time. cancer deaths to American women, sec- Nation’s Capitol. The SPEAKER pro tempore (Mr. ond only to lung cancer. It is the lead- Mr. Speaker, the event that we will STEARNS). The question is on the mo- ing cause of cancer death among authorize by this resolution will, tion offered by the gentleman from women ages 40 to 55. again, contribute to continued public California (Mr. KIM) that the House Mr. Speaker, those are the ages when understanding and awareness of breast women are finally done with child- suspend the rules and agree to the con- cancer, I should mention, not only for rearing, can come forward and blossom current resolution, H. Con. Res. 238, as women but also for men. While some fully; and to have cancer occur at those amended. 178,000 cases are expected by the Na- prime years is simply intolerable. Even The question was taken; and (two- tional Cancer Institute to be diagnosed with the more hopeful statistics, even thirds having voted in favor thereof) in women this year, also some 1,600 of with the access to mammograms we the rules were suspended and the con- breast cancer in men will be diagnosed now see across all groups in the soci- current resolution, as amended, was this year. That is about an average ety, 44,000 women died from breast can- agreed to. number. It is much less a threat to cer in 1997 and 180,000 new cases of the A motion to reconsider was laid on men’s health than breast cancer is to disease were diagnosed. We can do the table. women’s health, but it should be noted much better than that. We can do bet- f ter than that not so much by curing for the RECORD that men are not im- cancer with some magic potion but by mune, either, from this dread disease. GENERAL LEAVE While there has been an improvement preventing cancer and by detecting Mr. KIM. Mr. Speaker, I ask unani- in the detection rate, about a 4 percent cancer early with mammograms. mous consent that all Members may decline in detection of breast cancers I greet this activity on the part of have 5 legislative days within which to or incidents, I should say, of breast the Race for the Cure. I think it is revise and extend their remarks and in- cancer, that is minuscule. It is a move- most appropriate for the Congress to clude extraneous material on House ment in the right direction, but it is show its special concern beyond our Concurrent Resolution 238. minuscule. It shows how large the task funding, beyond the leadership of the The SPEAKER pro tempore. Is there is ahead of us. Women’s Caucus, by opening up this objection to the request of the gen- Let us engage in this event, partici- place, these grounds, for this special tleman from California? pate, give it our moral support, give it tribute. The Race for the Cure is a joy- There was no objection. our physical support, not only here in ful event. There will be many breast f cancer survivors participating, but it the Nation’s capital but throughout must reminded us that the Race for the the country in our respective States, so PROVIDING FOR CONSIDERATION Cure is still a race to be won. that the greater awareness, the in- OF H.R. 2870, TROPICAL FOREST Mr. KIM. Mr. Speaker, I yield 3 min- creased research that is undertaken CONSERVATION ACT OF 1998 utes to the gentleman from New York year after year and focused on this dis- Mr. SOLOMON (during consideration of (Mr. GILMAN), Chairman of the Com- ease will mean for future generations H. Con. Res. 238), from the Committee mittee on International Relations. of young women that they will not (Mr. GILMAN asked and was given have to wonder and worry about a fate on Rules, submitted a privileged report permission to revise and extend his re- that befell their mothers and grand- (Rept. No. 105–449) on the resolution (H. marks.) mothers; that hopefully the day will Res. 388) providing for the consider- Mr. GILMAN. Mr. Speaker, I thank come when there really is a cure and ation of the bill (H. R. 2870) to amend the gentleman for yielding me the the race will be over. the Foreign Assistance Act of 1961 to time. Mrs. MORELLA. Mr. Speaker, I am pleased facilitate protection of tropical forests Mr. Speaker, I am pleased to rise in to rise in strong support of this bipartisan reso- through debt reduction with developing strong support of this measure. The lution authorizing the use of the Capitol countries with tropical forests, which National Race for the Cure has had a Grounds for a Breast Cancer Survivors Event was referred to the House Calendar and major impact upon our Nation. Last Sponsored by the National Race for the Cure. ordered to be printed. year, as I recall, there was a postage While we have made progress in mounting f stamp dedicated to the Race for the an aggressive federal attack on breast cancer Cure, just to emphasize how important and the tragedy it causes, we still have far to URGING RESOLUTION ON HUMAN this national program is. It raises mil- go. Women continue to face a 1 in 8 chance RIGHTS SITUATION IN PEOPLE’S lions and millions of dollars each year, of developing breast cancer during their life- REPUBLIC OF CHINA and there is no better place to show times. It remains the most frequent major can- Mr. SMITH of New Jersey. Mr. leadership for the national Race for the cer in women and the second leading cause Speaker, I move to suspend the rules Cure than here in our Nation’s capital. of cancer deaths among women. Last year, an and agree to the resolution (H. Res. H1182 CONGRESSIONAL RECORD — HOUSE March 17, 1998 364) urging the introduction and pas- Whereas on March 13, 1998, the Administra- As detailed in the State Depart- sage of a resolution on the human tion announced that it would not seek pas- ment’s country reports on human rights situation in the People’s Repub- sage of a resolution at the United Nations rights practices in China, those abuses lic of China at the 54th session of the Commission on Human Rights addressing the included extrajudicial killings, the use human rights situation in China; United Nations Commission on Human Whereas without United States leadership of torture, arbitrary arrest and deten- Rights, as amended. there is little possibility of success for that tion, forced abortion and forced steri- The Clerk read as follows: resolution; lization, the sale of organs from exe- H. RES. 364 Whereas, in 1994, when the President an- cuted prisoners, and tight controls over nounced his decision to delink Most Favored religion, speech, and press. Persecution Whereas the State Department’s Country Nation (MFN) status for China from pre- in some areas, such as the captive na- Reports on Human Rights Practices for 1997 viously announced human rights conditions, tions of Tibet and East Turkistan, even state that ‘‘[t]he Government [of China] con- the Administration pledged that the United intensified during the past year. tinued to commit widespread and well-docu- States would ‘‘step up its efforts, in coopera- House Resolution 364 merely urges mented human rights abuses, in violation of tion with other states, to insist that the the administration to reconsider and to internationally accepted norms,’’ including United Nations Human Rights Commission pass a resolution dealing with the serious do what it promised to do when it extrajudicial killings, the use of torture, ar- delinked MFN for China from human bitrary arrest and detention, forced abortion human rights abuses in China’’ as part of the and sterilization, the sale of organs from ex- Administration’s ‘‘new human rights strat- rights considerations in 1994: ‘‘. . . to ecuted prisoners, and tight control over the egy’’; insist that the U.N. Human Rights exercise of the rights of freedom of speech, Whereas a failure vigorously to pursue the Commission pass a resolution dealing press, and religion; adoption of such a resolution would con- with the serious human rights abuses Whereas, according to the State Depart- stitute an abandonment of an important in China.’’ ment, ‘‘Serious human rights abuses per- component of the ‘‘expanded multilateral However, this past weekend, the ad- sisted in minority areas [controlled by the agenda’’ that the Administration promised ministration signaled that it is back- Government of China], including Tibet and as part of its ‘‘new human rights strategy’’ ing away from that promise, just as it Xinjiang [East Turkestan], where tight con- toward China; and Whereas Chinese democracy advocate and backed away from its previous promise trols on religion and other fundamental free- to link China’s MFN status to respect doms continued and, in some cases, intensi- former political prisoner Wei Jingsheng has fied [during 1997]’’; stated that ‘‘[t]his [United Nations Commis- for human rights. In both cases, the re- Whereas, according to the 1997 Country Re- sion on Human Rights] resolution is a mat- treat has not been justified by any im- ports, the Government of China enforces its ter of life and death for democratic reform in provement in the Chinese government’s ‘‘one-child policy’’ using coercive measures China’’: Now, therefore, be it human rights record. As a matter of including severe fines of up to several times Resolved, That the House of Representa- fact, it has gone backwards. the annual income of the average resident of tives— In explaining its decision not to seek China and sometimes punishes nonpayment (1) urges the President to reconsider his de- a China resolution in Geneva, the ad- by destroying homes and confiscating per- cision not to press for passage of a resolution on human rights violations in China at the ministration has highlighted the PRC’s sonal property; recent announcement that it intended Whereas, according to the 1997 Country Re- 54th Session of the United Nations Commis- ports, as part of the Chinese Government’s sion on Human Rights; to sign the International Covenant on continued attempts to expand state control (2) expresses its profound regret that the Civil and Political Rights. However, of religion, ‘‘Police closed many ‘under- European Union will not table or cosponsor a that rationale does not justify the ground’ mosques, temples, and seminaries,’’ resolution on human rights violations in President’s latest deference to the Bei- and authorities ‘‘made strong efforts to China at the 54th Session of the United Na- jing dictatorship for three basic rea- crack down on the activities of the unap- tions Commission on Human Rights; and sons. proved Catholic and Protestant churches’’ (3) urges all members of the United Na- First, the Beijing regime regularly including the use of detention, arrest, and tions Commission on Human Rights to sup- ignores its legal promises, especially ‘‘reform-through-education’’ sentences; port passage of a resolution on human rights violations in China at the 54th Session of the where human rights are concerned. The Whereas, although the 1997 Country Re- Constitution of the PRC already guar- ports note several ‘‘positive steps’’ by the United Nations Commission on Human Chinese Government such as signing the Rights. antees freedom of speech, of the press, United Nations Covenant on Economic, So- The SPEAKER pro tempore. Pursu- of assembly, of association, of proces- cial and Cultural Rights and allowing the ant to the rule, the gentleman from sion, and of demonstration, as well as the freedom of religious belief and the United Nations Working Group on Arbitrary New Jersey (Mr. SMITH) and the gen- Detention to visit China, Assistant Sec- freedom of ethnic minorities such as tleman from Florida (Mr. DAVIS) each retary of State John Shattuck has testified the Tibetans and Uyghurs from dis- regarding those reports that ‘‘We do not see will control 20 minutes. The Chair recognizes the gentleman crimination and oppression. major changes [in the human rights According to the administration’s from New Jersey (Mr.SMITH). siguation in China]. We have not character- own reporting, the Beijing regime rou- ized China as having demonstrated major Mr. SMITH of New Jersey. Mr. tinely and systematically violates changes in the period over the course of the Speaker, I yield myself such time as I those freedoms. last year’’; may consume. Whereas, in 1990, 1992, and each year since In a further example, China signed Mr. Speaker, I urge every member of the U.N. Convention Against Torture then, the United States has participated in this body to support House Resolution an unsuccessful multilateral effort to gain over a decade ago; but according to the passage of a United Nations Commission on 364. This strongly bipartisan resolution State Department, and other sources in Human Rights resolution addressing the urges the introduction and passage of a human rights organizations, the Chi- human rights situation in China; resolution on human rights in the Peo- nese government continues to use tor- Whereas the Government of China has ple’s Republic of China at the 54th ses- ture against prisoners each and every mounted a diplomatic campaign each year to sion of the U.N. Human Rights Com- day. Thus, in return for its silence, the defeat the resolution and has succeeded in mission which began yesterday and blocking commission consideration of such a United States must demand real im- runs to the 24th of next month. provements, not paper promises. resolution each year except 1995, when the If any government deserves to be the United States engaged in a more aggressive Second, experience demonstrates effort to promote the resolution; subject of a U.N. Human Rights Com- that ratification of the International Whereas China’s opposition to the resolu- mission resolution, the Beijing regime Convention on Civil and Political tion has featured an attack on the principle does. In its testimony before my sub- Rights does not guarantee genuine re- of the universality of human rights, which committee last month, Assistant Sec- spect for human rights. Many of the the United States, China, and 169 other gov- retary of State John Shattuck made it most abusive countries on the planet, ernments reaffirmed at the 1993 United Na- very clear that ‘‘. . .the government of including Iraq, North Korea, Nigeria, tions World Conference on Human Rights; China continues to commit widespread to name a few, are parties to that con- Whereas on February 23, 1998, the European and well-documented abuses in all Union (EU) agreed that neither the EU nor vention. its member states would table or cosponsor a areas of human rights.’’ He also testi- Third and most important, by using resolution on the human rights situation in fied that there have not been any convention ratification as an excuse China at the 54th Session of the United Na- major improvements in that situation for the United States’ inaction in Ge- tions Commission on Human Rights; during the last year. neva, the administration has set up an March 17, 1998 CONGRESSIONAL RECORD — HOUSE H1183 explicit double standard benefitting where countries with particularly egregious tion to political and civil rights while ne- the Beijing regime. human rights records can become the subject glecting economic, social, and cultural Yet, last year alone, the administra- of resolutions. Every year save one since rights and the right to development.1 In ad- tion supported seven U.N. Human 1990, the U.S. and the E.U. have taken the dition to its value to China as a forum to lead, with support from Japan and other gov- challenge the West, the commission has also Rights Commission resolutions con- ernments, in sponsoring a resolution on become a useful vehicle to play the U.S. off cerning other countries that have China, and every year save one, China has against its erstwhile European allies. signed the International Convention on successfully blocked even debate on the sub- Interest in using the U.N. Human Rights Civil and Political Rights: Nigeria, ject. The threat of a resolution, however, has Commission as a forum for criticizing China Iran, Sudan, Iraq, Rwanda, Bosnia and itself been an effective form of pressure, as only emerged after the crackdown in Herzegovina, Croatia, Yugoslavia, and illustrated by the time and resources China Tiananmen Square in 1989. Beginning in 1990, Equatorial Guinea. has spent in trying to counter it. the annual Geneva meetings were marked by This report is an analysis of China’s diplo- The unprecedented favors shown to efforts to table mildly worded resolutions matic efforts with respect to key members of urging China to improve its human rights the Beijing dictatorship suggest that, the commission over the last three years. It practices and criticizing ongoing violations in reality, the President’s latest deci- describes a pattern of aggressive lobbying by of international standards. These efforts sion has little to do with the conven- Chinese officials, using economic and politi- were defeated before the resolutions could tion and everything to do with dollars cal blandishments, that has worked to un- come up for debate by ‘‘no-action’’ motions and cents. dermine the political will in both developed brought by one of China’s friends on the Wei Jingsheng, Mr. Speaker, the and developing countries to hold Beijing ac- commission—Pakistan could be counted on great Chinese democracy advocate and countable in Geneva, coupled with procrasti- in this regard. A ‘‘no-action’’ motion, if nation and passivity on the part of China’s former prisoner of conscience, testified passed, meant that the resolution died a critics, the same governments that have quick death before ever coming to debate before my subcommittee just a few been such vocal proponents of and vote. weeks ago. He said that a U.N. Human multilateralism. In March 1995, however, the ‘‘no-action’’ Rights Commission resolution at this The report suggests that countries con- motion failed for the first time. China’s time is a ‘‘matter of life or death’’ for cerned about human rights in China should human rights record was debated, and a reso- the democratic reform in China. put more, not less effort into a carefully con- lution sponsored by the U.S. and the Euro- Last week, in an open letter urging structed resolution at the U.N. Human pean Union lost by only one vote when Rus- the U.S. to support a China resolution Rights Commission; that the process of fash- sia unexpectedly cast its vote in opposition. ioning a resolution and lobbying for its pas- in Geneva, he explained that ‘‘the suc- It was the closest China had ever come to de- sage is important, whether it ultimately feat. In April 1996, by contrast, China again cess of the Chinese government to si- reaches the floor of the commission for de- successfully blocked a resolution through lence the world community has serious bate or not; and that ending all efforts on the ‘‘no-action’’ procedure, by a vote of consequences. It is a massive blow to China at the U.N. Human Rights Commis- twenty-seven to twenty with six abstentions. the Chinese people’s determination to sion, as the U.S. and Europe seem to be con- In the year that elapsed between the two struggle for human rights and democ- sidering, will be seen in China as a triumph meetings, China’s human rights record had racy. They are left with the feeling over the West’s dominance of international worsened, but its lobbying had improved and that they are being betrayed.’’ institutions and one that it may want to fol- the political will of its critics had weakened. low up in fields other than human rights. Mr. Speaker, the President’s decision Visits between China and commission As this report went to press, the U.S. and members between April 1996 and March 1997 this past weekend was, indeed, a be- the E.U. were involved in diplomatic nego- resulted in more aid packages, new and ex- trayal, a betrayal of the countless Chi- tiations with China on a possible package of panded trade contracts including foreign in- nese, Tibetans, and others who suffer limited steps or promises in exchange for vestment and joint ventures, and promises of under the current regime, and a be- dropping a resolution this year and in subse- improved bilateral cooperation on projects trayal of our own democratic and hu- quent years. The U.S. in particular, seemed ranging from agriculture to nuclear tech- manitarian ideals. poised to accept any last-minute gestures nology. While it is impossible to definitively The United States’ support for a U.N. that China might make during Vice Presi- document the direct relationship between dent Albert Gore’s trip to China in late human rights resolution is the very each visit or aid package and the votes of in- March, midway through the commission’s dividual commission members, an overall least that we can do for the Chinese deliberations. But the prospect of obtaining pattern emerged that may help to explain and the Tibetan peoples. If the U.S. truly meaningful improvements from Beijing China’s success at muzzling the commission. will not raise human rights violations on human rights would have been far higher Clearly, in many countries, much more was in a forum dedicated exclusively to had there been a real threat of a coordinated, at stake than a Geneva vote, as Beijing human rights concerns, then where will high-level lobbying effort behind a resolu- sought to boost its long-term political and we raise those issues and how can we tion in Geneva, the work on which would economic relationships and to weaken Tai- expect tyrants to heed our admonitions have had to have begun in September or Oc- wan’s ties with some capitals. But a major tober 1996. For the U.S. and E.U. to suggest in private when they know we will lack objective during this period was also to de- at this late date that a resolution cannot feat the annual Geneva effort. the will to speak about them in public? pass is a prophecy they have done their ut- In 1995 and in 1996, the importance of the b 1515 most to make self-fulfilling. outcome in Geneva was clearly reflected in BACKGROUND official statements. At the conclusion of the Notwithstanding his announcement A resolution on China at the commission is 1995 voting, a foreign ministry spokesman this weekend, Mr. Speaker, I urge the a curiously potent tool for raising human speaking on state radio ‘‘expressed its [the President, we urge collectively the rights issues, given that it is an unenforce- Chinese government’s] admiration and grati- President to honor his previous pledge able statement that carries no penalties or tude to those countries that supported to support a China resolution at the obligations. But as the product of the U.N., China,’’ and China’s ambassador to the U.N. U.N. Human Rights Commission in Ge- it has major implications for a country’s in Geneva said the resolution was ‘‘entirely neva. In the meantime, I urge my col- international image, and even to table a res- a product of political confrontation prac- olution for discussion is considered by many ticed by the West with ulterior motives.’’ 2 leagues to support passage of the reso- After the 1996 vote, an article by the official lution. countries, China among them, as a major loss of face. But China considers the U.N. Chinese news agency Xinhau, entitled ‘‘Fail- I. SUMMARY Human Rights Commission an important ure of Human Rights Resolution Hailed,’’ China appears to be on the verge of ensur- forum for other reasons as well, including as gloated that the commission ‘‘has again shot ing that no attempt is made ever again to a vehicle for countering Western down a draft resolution against China, mark- censure its human rights practices at the ‘‘hegemonism,’’ particularly through alli- ing another failure by the West to use United Nations. It is an extraordinary feat of ances with governments in Asia, Africa and human rights to interfere in China’s internal diplomacy and an equally extraordinary ca- Latin America. During the 1996 session of the affairs. . . .’’ 3 pitulation on the part of governments, par- commission, Chinese diplomats made clear From China’s perspective, there were two ticularly the United States and the countries that they saw an attempt to seek a resolu- relatively balanced voting blocs on the com- of the European Union, that claim to favor tion on China as an example of this mission, and a number of crucial swing multilateral initiatives as a way of exerting hegemonism, arguing that the North used votes.4 One bloc consisted of Asian and Afri- human rights pressure. One of the few re- the commission as a one-way forum through can states. The second was composed of maining international fora to exert such which to confront, judge, and interfere in the western Europe and North and Central pressure is the annual meeting of the U.N. internal affairs of developing countries while America. The swing votes were to be found Commission on Human Rights in Geneva—in ignoring abuses in the U.S. and Europe, and session this year from March 10 to April 18— that the commission paid too much atten- Footnotes appear at end of report. H1184 CONGRESSIONAL RECORD — HOUSE March 17, 1998 among some of the new democracies of cen- Peng took the opportunity to finalize the retary Ian Lang met with Minister of For- tral Europe, the former Soviet republics, Airbus sale in what appeared to be a delib- eign Trade and Economic Development Wu large Latin American countries and a hand- erate slight to the U.S. government and the Yi in Beijing in September 1996, they agreed ful of African and Asian nations. China American company Boeing, hitherto the to set up working groups in the chemical in- courted them all and pursued its efforts to largest supplier of aircraft to China. In one dustry, aeronautics, and energy. In October, divide Europe and the United States. reporter’s words. China preferred to deal Li Lanqing, a vice-premier and vice-chair of II. THE EUROPEAN UNION AND THE UNITED with countries that ‘‘don’t lecture China the State Council (the equivalent of China’s STATES about human rights, don’t threaten sanc- cabinet), traveled to London to meet with tions for the piracy of music, videos and soft- In 1995, the year the resolution lost by one Deputy Prime Minister Michael Heseltine, ware and don’t send their warships patrol- vote, the U.S. and E.U., which together with and in November, the two countries signed a ling the Taiwan Straits.’’ 5 Japan were the resolution’s co-sponsors, Memorandum of Understanding on forming a Li Peng’s trip to Europe was followed in Sino-U.K. Aerospace Equipment Working began efforts to get other countries on board July 1996 by a six-nation swing by President as early as December 1994, when then U.S. Group to promote commercial and technical Jiang Zemin through Europe and Asia, cooperation in civil aviation. National Security Adviser Anthony Lake aimed at closing business deals and enhanc- III. LATIN AMERICA went to Zimbabwe, Gabon and Ethiopia. The ing Jiang Zemin’s international standing. An Geneva resolution was one of the issues on important side-effect, if not a deliberate ob- Latin America was clearly a priority re- his agenda. Geraldine Ferraro, then head of jective of these visits, was to erode the will- gion for China if it was to defeat a resolution the U.S. delegation to the commission, made ingness of some European countries to con- at the 1996 commission session. Next to Eu- calls to Latin American capitals. front Beijing in Geneva. The trip came on rope and North America, it was most likely After that close call, Chinese diplomats the heels of a Chinese threat to impose eco- to vote against China. In some cases, this and government officials seemed to intensify nomic sanctions on Germany in retaliation was due to history of susceptibility to U.S. their efforts to underscore that good eco- for a conference on Tibet. The conference influence, in others to a democratic transi- nomic relations with the world’s largest was sponsored by the Friedrich Naumann tion from an abusive authoritarian past that country would be fostered by decreasing Foundation, closely linked to Foreign Min- made the new democracies important allies pressure on human rights. Overt Chinese ister Klaus Kinkel’s Free Democratic Party, in efforts to censure grave abuses wherever pressure, of course, was not always needed: and was to be held in Germany in June in co- they occurred. Many Latin American coun- European leaders were well aware that the operation with the Dalai Lama’s govern- tries, including Mexico, Brazil, Chile, Ecua- competitive edge with the Americans could ment-in-exile. The row started over the Ger- dor, Argentina, Peru and Venezuela, also had be widened if human rights criticism was left man government’ proposal to provide a sub- serious strains in their bilateral relations to the latter, especially when the U.S. was sidy for the conference. Under pressure, gov- with China because of textile and garment already preoccupied with a struggle with ernment funding was withdrawn, but the ‘‘dumping’’ by the latter. Of all the countries China over intellectual property rights and conference went ahead with the support of in the region, only Cuba and Peru consist- the annual debate over Most Favored Nation German politicians from all parties. The Chi- ently voted with China in 1995 and 1996, Mex- status. nese government then forced the closure of ico, Colombia and Venezuela abstained in The first attempts to derail a resolution on the foundation’s Beijing office. In retalia- both years. China at the 1996 U.N. Human Rights Com- tion, German politicians introduced a mo- Top Chinese government and Party offi- mission session took place in Bangkok on tion in the Bundestag criticizing China’s cials increased the exchange of visits with March 1 and 2, 1996 when Chinese Premier Li human rights record. China then withdrew Latin America leaders after the near success Peng met with German Chancellor Helmut an invitation to German Foreign Minister of the 1995 resolution. In October 1995, Pre- Kohl and French President Jacques Chirac at Kinkel to visit Beijing. mier Li Peng went to Mexico and Peru, sign- the E.U.-Asia summit. With a US$2.1 billion When Beijing further warned that German ing trade and cooperation agreements with Airbus contract hanging in the balance and a business interests in China could suffer, both governments. Peru had abstained from visit to France by Li Peng set for April, Bonn quickly scrambled to restore good rela- all China votes at the commission until 1995 France took the lead in trying to work out a tions. In September the invitation was re- when it voted in favor of the no-action mo- deal whereby in exchange for a few conces- newed, and Kinkel went the following tion. As if to reinforce the relationship, Luo sions from China, the E.U. and the U.S. month. He did raise the cases of political Gan, secretary-general of the State Council, would agree to drop the resolution. The na- prisoners Wang Dan and Wei Jingsheng, but went to Peru in March 1996 with the commis- ture of the proposed concessions was never the real story was that commercial relations sion already in session and pledged made public but was rumored to include an with Germany were back on track, for in No- US$350,000 in aid and a loan of US$70 million agreement by China to sign and ratify the vember in Beijing, President Jiang and Ger- to be used toward China-Peru trade. The two major international human rights trea- man President Roman Herzog signed four sums were small, but the symbolism of ties, the International Covenant on Civil and agreements on financial and technological South-South aid was important. Peru again Political Rights and the International Cov- cooperation. The last quarter of 1996 saw voted with China at the commission in 1996. enant on Economic, Social and Cultural multimillion dollar deals signed between That August, the speaker of the Peruvian Rights: the release of some political pris- China and Germany companies, including a parliament, visiting Beijing, said pointedly oners; and an invitation to U.N. High Com- joint venture by Mercedes Benz in Jiangsu in the context of a discussion on human missioner for Human Rights Jose´ Ayala province to produce buses; a joint venture by rights that his country did not interfere with Lasso, to visit China. Ratification without Kogel Trailer to produce specialized auto ve- China’s internal affairs. High-level ex- reservations would indeed have been a useful hicles; a joint venture by Bayer AC and changes also took place in 1995 with Brazil, step, but when pressed to give a timetable Shanghai Coating Company to produce iron Chile, and Cuba.6 for ratification, Beijing reportedly backed oxide pigments; and a US$6 billion invest- In June 1996, following the April vote in off, and the deal fell through. Italy—then in ment in a petrochemical plant by German the Human Rights Commission, Wu Yi went the presidency of the E.U.—was said to be chemical company BASF. on a month-long tour of seven Latin Amer- leaning to the French deal, as was Germany, China also wooed other European coun- ican countries, Argentina, Cuba, Mexico, which with bilateral trade of $18 billion, was tries. In June, Chen Jinhua, head of China’s Peru, Uruguay and Chile, all but Peru to be China’s largest trading partner in Europe State Planning Commission, visited Italy. In members of the commission for the coming and one of Europe’s top investors in China. Milan, he held meeting with leading Italian year. In November 1996, Li Peng went back The Europeans did not come on board until financial and business interests, discussing to Latin America, visiting two members of ten days after the commission session how China’s ninth five-year plan would lead the commission whose voting records had opened, and then only reluctantly. to the continued open up of the economy to been inconsistent, Brazil and Chile. Brazil The resolution was doomed by a failure of the outside world. Stressing the growth of was key. Until 1996, it had abstained on all will on the American side as well. The bilateral trade, which stood at a record US$ votes on China, in April 1996, it voted against United States was no more eager than its 5.18 billion in 1995, he noted China’s potential China’s efforts to stop action on a resolu- European counterparts to earn China’s op- as a huge market with possibilities for in- tion. Li Peng’s delegation specifically raised probrium by sponsoring a resolution, and, creased Sino-Italian cooperation. In Septem- the issue during the visit expressing unhap- according to one source, a deliberate deci- ber, Li Peng went to the Hague, just as the piness with the Brazilian vote, and officials sion was made within the Clinton adminis- Netherlands was poised to take over leader- at the Brazilian Ministry of Foreign Rela- tration sometime in December 1995 to give ship of the E.U.; in October Italian Foreign tions reportedly discussed the possibility of the resolution less attention that the year Minister Lamberto Dini led a group of abstaining on a no-action motion in 1997. before, with the result that lobbying was Italian businessmen to Beijing on a ‘‘good The Chinese premier’s visit produced agree- late, desultory and ultimately unsuccessful. will’’ visit; and in November, Li Peng was ment on a consulate in Hong Kong after July Despite appeals on human rights in China back in Europe on a visit to Rome, where he 1, 1997, on peaceful use of space technology and Tibet signed by over 200 French legisla- and his Italian counterpart pledged to en- and on sustainable development initiatives. tors and scattered protests, Li Peng’s visit courage Sino-Italian economic and trade Trade issues were also on the agenda. to Paris from April 9–13, just before the com- ties. Chile had voted with China in 1992, then mission vote, was hailed by Beijing as mark- Britian also worked to bolster its trade abstained on all votes until 1996 when it ing a ‘‘watershed’’ in its ties with France. Li with China. When Trade and Industry Sec- joined Brazil to vote against China’s efforts March 17, 1998 CONGRESSIONAL RECORD — HOUSE H1185 to stop debate. During his November visit, Li visited Angola in January 1996, but appar- assist Mali in building a number of factories. Peng announced tariff reductions of more ently made no effort to press for Angola’s In 1996, when Mali voted on the China ques- than 10 percent on Chilean agricultural support at the Human Rights Commission. tion for the first time, it voted in favor of goods and signed agreements on scientific Angola ranks fourth among China’s African the no-action motion. and technological cooperation in agricul- trading partners and has consistently voted Jiang Zemin also traveled to Ethiopia in tural and aerospace. As with Peru, the sub- with China at the Human Rights Commis- May on a good will visit during which four stance of the agreements between Chile and sion. If the U.S. was serious about generat- cooperation agreements were signed. China- China was less important than the political ing international pressure on China through Ethiopian economic relations have been symbolism of Li Peng’s visit, and as with the U.N., its officials would have seen the minimal compared with China’s relation- Brazil, the Geneva vote was almost certainly visits by its officials as an opportunity to ships with other African countries. Before on the agenda. put multilateralism into practice and raise Jiang’s visit, Chinese journalists made much The presidents of Ecuador and Mexico and the issue of a resolution in Geneva. of an Ethiopian irrigation project completed the foreign minister of Uruguay all visited Ethiopia, a key member of the commis- with help from thirty-eight Chinese experts. Beijing between May and December 1996.7 sion, exchanged visits with European and In 1990, Ethiopia voted for a no-action mo- Closer ties between China and Latin Amer- American officials, with development assist- tion and then went off the commission until ica, as indicated by high-level exchanges, un- ance and security the main issues at stake. 1995, when it voted in favor of the no-action derscored the fact that sponsors of a resolu- German President Herzog visited Ethiopia in motion but abstained when the resolution tion critical of China could not take the January 1996, during which he signed an aid itself was voted on. In 1996 it again voted in votes of Latin American members of the agreement for the purchase and transport of favor of no action. commission for granted. They would have to fertilizers, and Prime Minister Meles Zenawi Algeria was already considered in the undertake some sustained lobbying, and ap- spent two days in Paris, meeting with the China camp. Jiang Zemin and the president parently they did not. French prime minister and with President of Algeria met in Beijing in October to dis- Chirac. In neither case was there any indica- cuss bilateral relations and to sign six docu- IV. AFRICA tion that the China vote was on the agenda, ments including one protecting and encour- If the U.S. and Europe and other sponsors and a source close to the U.S. delegation to aging reciprocal investment. Algeria has had of a resolution were serious about a multi- Geneva told Human Rights Watch that no a strong and continuous relationship with lateral initiative to exert pressure on China, attempt was made to lobby Ethiopia for its China which helped with a heavy water re- it was essential that they bring some African vote. search reactor, and has been involved in irri- members of the commission on board. Ad- China appeared to have stepped up its ef- gation, agricultural, and research projects mittedly, it would not have been an easy forts to ensure a similar victory in the 1997 including a three-star hotel in Algiers. In task, given Chinese diplomatic initiatives session. Following the end of the 1996 com- January 1997, Foreign Minister Qian Qichen and interests in the region, but save for some mission meeting in April, all fifteen African paid a quick visit to Algeria, meeting with modest measures in 1994 like U.S. National members of the commission sent or received the foreign minister to discuss strengthening Security Adviser Anthony Lake’s discussions high-ranking visitors from China. In May bilateral cooperation. (see above), the sponsors put little energy 1996, according to Chinese reports, President Uganda became a member of the commis- into finding support from African govern- Jiang himself ‘‘crossed a thousand moun- sion in time to vote with China on the 1996 ments. tains and rivers to enhance friendship, deep- no-action motion. While the commission was China, on the other hand, was energetic. en unity, and learn from the African people.’’ still meeting in April 1996, Li Zhaoxin, Chi- Since the end of the Cold War, it has seen Af- visiting a total of six countries as he covered na’s vice-minister of foreign affairs, agreed rican countries as critically important al- the continent ‘‘from North to South, from to provide US$3.6 million to cover the costs lies, particularly in the United Nations, in east to West.’’ Of the six countries, four, of a national stadium. In January 1997, at the struggle against American Ethiopia, Egypt, Mali an Zimbabwe, were the request of the Ugandan government, ‘‘hegemonism.’’8 With its history of colonial- members or about to become members of the China agreed to send technical personnel for ism and the fact that for the North, it had commission. At a meeting of the Organiza- two years to provide guidance in connection become the ‘‘forgotten continent,’’ Africa tion of African States, Jiang stressed that with the stadium project. has been viewed as a desirable partner in China would be an ally in Africa’s drive to Li Peng and the president of Gabon, meet- China’s efforts to ‘‘bypass’’ the United develop; and, in fact, over twenty-three ing in Beijing in August 1996, stressed the States.9 In addition, China had a strong in- agreements and protocols on Sino-African importance of their relationship and their terest in stepping up its diplomacy in the re- cooperation were signed in May alone. They support for the rights of developing nations. gion to counter Taiwan’s aggressive cam- primarily provided for basic construction Gabon abstained in 1992 on a no-action mo- paign to expand ties with some African projects in transport and energy.10 tion but has since voted solidly in the Chi- states. During meetings in Beijing in May 1996, nese camp. China embarked on a concerted diplomatic two days before he left for his African tour, When Chinese Vice Foreign Minister Tian campaign in Africa in mid-1995. Although the President Jiang pledged economic and mili- Zengpei met with the Guinean Foreign Af- main objective may have been to blunt Tai- tary support for Mozambique, which rotated fairs Minister in Guinea in April while the wan’s influence, it may not be coincidental on to the commission in time for the 1997 commission meeting was still in session, he that the campaign began after China lost a session, at the same time, Chinese Defense thanked him for Guinea’s support on the no-action motion and nearly lost the resolu- Minister Chi Haotian discussed details of the human rights issue. Guinea, a new member tion in Geneva in March 1995, or that the bilateral ties between the two nations’ mili- of the commission as of the 1996 session, countries singled out in this campaign were taries and provided Mozambique with quan- voted for no action on the China resolution. also for the most part members of the com- tities of new weapons. Sino-Mozambiquan re- During a visit to South Africa, China’s mission. lations went into a tailspin in 1996 when largest trading partner in Africa, in May In October–November 1995, well before the China abruptly pulled out of an agreement to 1996, Wu Yi negotiated promises of expanded 1996 session of the commission convened, Li build a new parliament building. The visit in trade ties and reciprocal ‘‘most favored na- Lanqing traveled to six central and western May was an effort to repair relations but it tion trading status.’’ The importance of African countries: Mali, Guinea, Senegal, could also help produce a pro-China vote in China to South Africa’s economy was under- Gabon, Cameroon and Coˆ te d’Ivoire. Of these, the commission this March. scored in December 1996 when President Nel- all but Senegal were members of the com- Jiang Zemin was present in Zimbabwe in son Mandela abruptly abandoned diplomatic mission. In November, Quao Shi, a leading May 1996 when Minister of Foreign Trade and support for Taiwan and recognized Beijing as member of the Central Committee and chair- Economic Cooperation Wu Yi signed agree- the sole representative of China. man of Standing Committee of China’s Na- ments for US$10 million in grants and an ad- Buhe, the vice-chairman of the Standing tional people’s Congress (China’s par- ditional US$10 million in loans, as well as Committee of the National People’s Congress liament), went to Egypt, another key mem- other agreements on trade, reciprocal pro- paid a goodwill visit to Benin in December ber of the commission. All the countries in- tection of investment and technological and 1996. Although Benin had voted with China in cluded in these two visits voted with China economic cooperation. Earlier an agricul- 1996, it abstained on both the no-action mo- in the April 1996 ‘‘no-action’’ motion. tural group from China studied the possibili- tion and the resolution itself in 1995. By contrast, from September 1995 to March ties of importing cotton and tobacco from Both the timing and the high-profile na- 1996 there were few high-level exchanges be- Zimbabwe. In 1995, the first time Zimbabwe ture of most of these exchanges highlight the tween the U.S. and African members of the voted on a China resolution in Geneva, it likely difficulties of getting African coun- commission, and when they took place, voted for the no-action motion and against tries to abstain on a China resolution, let China was not on the agenda. Angolan presi- the China resolution; in 1996 it again voted alone vote in favor, in 1997. If the U.S. and dent Dos Santos made a state visit to Wash- in favor of no action on China. Europe had been committed to seeing a reso- ington, D.C. on December 8, 1995, for exam- Following Jiang Zemin’s May 1996 visit to lution pass, both would have had to have en- ple, but amid the many issues on the U.S.- Mali, China signed agreements on economic gaged in intensive lobbying beginning in late Angolan agenda, support for a critical posi- and technological cooperation during meet- 1996. tion in the U.N. toward China’s human rights ings in Beijing between Premier Li Peng and V. CENTRAL AND EASTERN EUROPE practices was reportedly not one Madeleine Mali’s president, and the Chinese vice-min- After March 1995, high-level Chinese offi- Albright, then U.S. ambassador to the U.N. ister of agriculture signed an agreement to cials logged considerate mileage traveling to H1186 CONGRESSIONAL RECORD — HOUSE March 17, 1998 the Russian Federation and to two former US$2.5 billion for nuclear power plant con- India has consistently voted with China, a Soviet republics, Belarus and the Ukraine. struction and to sell arms to Beijing. And Li reflection perhaps of its own rejection of ex- All three countries were to be 1996 commis- and Viktor Chernomyrdin discussed raising ternal human rights pressure, especially on sion members. Belarus for the first time, and bilateral trade volume and cooperation on the sensitive issue of Kashmir. Sino-Indian the Ukraine for the first time since 1990. large-scale projects. relations, however, have also steadily im- In 1995, after Russia helped to defeat a no- In November, the Belarussian president proved since the collapse of the Soviet action motion, its delegates switched their told Li Lanqing during his visit to Minsk Union. Foreign Minister Qian Qichen accom- vote and the resolution itself failed as a re- that improving Belarus-Chinese relations panied President Jiang to India in November sult. It seemed logical in 1996, that if China was of strategic importance to Belarus, add- 1996 to promote bilateral relations in poli- were to avoid another near embarrassment, ing that he attached great importance to de- tics, trade, economy, and culture. The pri- it would have to guarantee Russia’s vote on veloping bilateral trade and that he wel- mary issue among the two regional powers the no-action motion itself. Not since 1990 comed Chinese entrepreneurs willing to in- was security, and an agreement was reached had Russia voted to send a resolution to the vest in Belarus. The following month, the on military zones on the Sino-Indian border. floor. Furthermore, it was generally agreed acting prime minister of Belarus attended a While in Nepal in early December 1996 to that the Belarussian president, anxious for signing ceremony in Beijing for agreements mark the twenty-fifth anniversary of King reunification with Russia, would vote with on educational cooperation and on ensuring Birendra’s ascension to the throne of Nepal, Russia. Of course China had other political the quality of exported and imported goods. Jiang Zemin witnessed the signing of a grant and economic stakes in its relations with A well-documented effort by the Chinese of economic and technical assistance. Central and Eastern Europe that may have government to gain support in the commis- In his December swing through Pakistan, a been the driving force behind much of the ac- sion from central European countries began traditional ally and leader of the efforts in tivity outlined below; but with the Geneva before the 1994 vote. Poland, to the surprise the commission to prevent a resolution on vote so important to Beijing, lining up com- of delegation members themselves, members China from coming up for debate, Jiang mission members was a likely factor. of Parliament, and local human rights Zemin oversaw the signing of agreements on In June 1995, Li Peng visited all three groups, abstained from voting on the no-ac- construction of a hydroelectric power plan, states. During his visit to Belarus, there was tion resolution instead of voting against it environmental protection, drug trafficking, agreement on bilateral cooperation in trade, as it had the year before. Instructions from and establishment of consulates, including science, technology, manufacturing, and ag- the Polish Ministry of Foreign Affairs had maintenance of Pakistan’s consulate in Hong riculture. In the Ukraine, he signed a note arrived just before the actual vote took Kong. Pakistani President Farooq Leghari worth 8.5 million renminbi (approximately place. China had reportedly agreed to sup- noted that there was no difference between US$1.7 million) in economic assistance. In port Poland’s effort to gain a seat in the Se- Pakistan and China on Tibet, and Pakistan August, as a follow-up to the June visits, the curity Council in exchange for the absten- ‘‘completely supports China.’’ He also stated vice-minister of the Ministry of Foreign tion. A representative of the ministry later how happy he was that China would resume Trade and Economic Cooperation (MOFTEC) explained to the Polish parliament that the sovereignty over Hong Kong ‘‘and hoped for led a trade delegation to the region. vote had come about as a result of a ‘‘mis- a peaceful joining of Taiwan with China as The direction of the visits reversed in Sep- take’’ by a junior official. soon as possible.’’ 12 tember when the vice-prime minister of Rus- In 1995, Li Peng wrote to Polish Prime sia went to Beijing, followed in November by Minister Pawlak to thank him for his sup- VII. WAFFLING IN 1997 a vice-minister from the Belarussian Min- port in Geneva in 1994 and asked for ‘‘even It was clear by November 1996 that spon- istry of Foreign Economic Relations, and in more substantial support in 1995.’’ The offer sorship of a resolution on China at the 1997 December by the Ukrainian president. Dur- to promote a Security Council seat was reit- U.N. Human Rights Commission was in for a ing a meeting with Jiang Zemin, the two erated. After the main Warsaw newspaper rough ride. On November 24, at a debriefing signed a joint communique´ furthering bilat- publicized the ‘‘vote trade’’ and media pres- following President Clinton’s meeting with eral economic and political cooperation. In sure mounted, Poland’s vote against the no- Jiang Zemin at the Asia-Pacific Economic April 1996 while the Human Rights Commis- action resolution helped to defeat it. Cooperation (APEC) summit in Manila, a sion was in session, Qiao Shi, chairman of Two other Central European countries on senior administration official said that ‘‘the Standing Committee on China’s National the 1997 commission have received more at- president said that we want to maintain dia- People’s Congress (parliament), traveled to tention from the U.S. and Europe than from logue and cooperate on [human rights], but Moscow to meet with top Russian officials in China, and the commission votes may reflect on the present record we could not forgo pre- preparation for meetings later in the month this. With the exception of 1992 when it ab- senting [. . .] a resolution.’’ The implication with three central Asian republics. That stained, Bulgaria has voted against China in was clear: any nominal gesture or open- same month, China exchanged ministerial the no-action motion, and the Czech Repub- ended promise on China’s part that could be visits with both Belarus and the Ukraine. At lic, back on the commission after a hiatus of interpreted as progress on human rights the invitation of Qian Qichen, the three years, would be unlikely to succumb to might be enough to derail a resolution. Belarussian foreign minister traveled to Bei- Chinese pressure. The European Union played a similar game jing. During a meeting with Li Peng, he VI. ASIA of delaying a decision on the resolution by thanked him for China’s support of Belarus Most Asian countries were already voting bouncing consideration of the question from on international issues and described as ‘‘en- solidly with China. In 1995 and 1996, the only one E.U. body to another. When the E.U. couraging’’ the 60 percent growth in bilateral countries that did not were the three Asian Human Rights Working Group (HRWG) could trade in 1995. Qiao Shi traveled to the democracies, Japan, the Philippines and not reach a decision on what to do about a Ukraine for a four-day visit aimed at expand- Korea. Japan has consistently voted in favor resolution at its meeting on December 13, ing cooperation between the two countries. of a resolution; the Republic of Korea has 1996, further consideration was delayed al- Shipbuilding, aircraft manufacturing and in- consistently abstained; and the Philippines, most a month until January 10 when the Po- strument products were cited as industries which voted with China in 1992 before going litical Affairs Working Group, with rep- for cooperation. off the commission for two years, voted resentatives from all fifteen E.U. capitals, In the wake of all this activity, Russia ab- against China in 1995 after a territorial dis- met in Brussels. The meeting decided to stained and Belarus and Ukraine voted with pute with China flared up in the South China refer the issue back to the HRWG despite the China in favor of no action on the resolution Sea. In 1996, Korea and the Philippines ab- fact that a straw poll of political directors at the 1996 commission session. Two days stained; both were considered swing votes for had found an overwhelming majority in after the vote, President Boris Yeltsin was 1997. favor of a resolution and the HRWG had rec- warmly welcomed in Beijing by Jiang Zemin, Korea, which resumed diplomatic relations ommended that the E.U. move quickly. Li Peng, and Qiao Shi. The major accom- with China in 1992, has heavy economic Rather than taking a firm decision to exert plishments of the meetings included an stakes in China. The chaebol or conglom- pressure through a resolution, the political agreement signed by China, Russia, erate Goldstar is expected to invest US$10 affairs meeting discussed a variety of ways Kazakhstan, Tajikistan and Kyrgyzstan billion in China by the year 2005, and Daewoo of avoiding confrontation at the commission, strengthening border confidence, a Sino-Rus- is planning to contribute 960 million including pushing for consensus rather than sian joint communique´ to serve as ‘‘the prin- renminbi (approximately US$120 million) to majority vote on resolutions and substi- cipled basis for the two countries’ construc- the building of an expressway. Daewoo will tution of investigations by the U.N. the- tive partnership during the 21st century’’ 11 participate in the operation of the road for matic mechanisms for commission resolu- and a dozen cooperation agreements, includ- thirty years, after which it will belong to tions.13 Just as the HRWG was about to meet ing ones on intellectual property rights, co- Huangshan City, its Chinese partner. During on January 23, China suddenly proposed a operation on the peaceful use of nuclear en- Jiang Zemin’s visit to the Philippines in No- human rights discussion on February 14 ergy, and development for mutual prosper- vember 1996, China promised to build two around the edges of the Asia-Europe (ASEM) ity. In addition, representatives from both power plants and pledged bilateral coopera- foreign ministers’ meeting in Singapore, pro- countries discussed cooperation on military tion. viding some E.U. countries with a pretext for technologies. By December 1996, when Li Other important efforts in Asia included delaying a decision once more. (For months, Peng visited Moscow, plans were being laid Jiang Zemin’s November-December 1996 the E.U. had been unsuccessful in trying to for an April 1997 summit on security. At the goodwill tour South Asia with stops in India, schedule a formal E.U.-China human rights same time, Russia agreed to lend China Pakistan, and Nepal. dialogue, originally scheduled for October March 17, 1998 CONGRESSIONAL RECORD — HOUSE H1187 1996). But China offered no human rights pression that foreign pressure had been in- 2 Washington Post, ‘‘U.N. Rights Panel Votes Down concessions or gestures during the meeting, volved. Measure Censuring China,’’ March 9, 1995. according to diplomatic sources. Three days after her visit, however, a Chi- 3 ‘‘Failure of UN Human Rights Resolution The U.S. also refused to commit itself to nese Foreign Ministry spokesman announced Hailed,’’ Xinhua, April 24, 1996, in FBIS, CHI–96–081. 4 Commission members serve for three-year terms, the one multilateral initiative that might that China was giving ‘‘positive consider- but may serve more than one term. have exerted real pressure on China, with of- ation’’ to signing the two major inter- 5 David Sanger, ‘‘Two Roads to China: Nice and ficials reiterating that Sino-U.S. relations national human rights agreements, the Not So Nice—Boeing’s Strategy is Appeasement; could not be ‘‘held hostage’’ to human rights International Covenant on Civil and Politi- Microsoft Growls,’’ New York Times, June 9, 1996. concerns and that a decision about sponsor- cal Rights and the International Covenant 6 Li Ruihuan, chairman of the National Committee ship would be made ‘‘when the time came.’’ on Economic, Social and Cultural Rights. of the Chinese People’s Political Consultative Con- During the U.S. Senate hearing on January However, he went on to say, ‘‘as to when we ference (CPPCC) and often suggested as a possible 8, 1997 to confirm Madeleine Albright as sec- would join, that is entirely our own affair.’’ successor to Li Peng, went to Cuba in June 1995, fol- lowed by a nine-day trip by Fidel Castro to China in retary of state, Albright went so far as to It is worth noting that in November 1993, December, his first visit ever. imply that China’s previous record was of no China had announced that it was giving 7 Li Peng met with the president of Ecuador in import, what counted was ‘‘in the remaining ‘‘positive consideration’’ to access to its May and with the foreign minister of new commis- weeks’’ how China ‘‘approach[ed] that situa- prisons by the International Committee of sion member Uruguay in October. (In June, Uruguay tion’’ and whether any changes took place. the Red Cross, not long afterwards, negotia- had hosted Wu Yi and a trade delegation. In its pre- Different administration officials gave the tions with the ICRC came to a standstill. vious three years on the commission, 1992–94, Uru- same message: the U.S. position would be de- But two days after the February 27 state- guay had abstained on the China no-action votes.) termined based on China’s actions between ment on the covenants, China announced Mexican President Ernesto Zedillo Ponce de Leon that it had agreed to ‘‘resume our contact met with Jiang Zemin in November 1996. ‘‘now’’—and ‘‘now’’ became later and later— 8 ‘‘Profit and Prejudice: China in Africa,’’ China 18 and the time of the commission vote. A week [with the ICRC] after a two-year hiatus.’’ News Analysis, No. 1574, December 15, 1996, p. 6. after Albright’s confirmation hearing, the An ICRC spokesman noted that these were 9 ‘‘Profit and Prejudice: China in Africa,’’ China Chinese government warned of complications ‘‘talks about talks to begin talks.’’ The only News Analysis, No. 1574, December 15, 1996, p. 6. in the bilateral relationship if the U.S. element of a deal that had not been an- 10 ‘‘Profit and Prejudice: China in Africa,’’ China pressed on rights issues.14 No concrete prom- nounced by China by the end of February, News Analysis, No. 1574, December 15, 1996, p. 3. ises or assurances resulted from a visit to then, was the release of key dissidents. 11 ‘‘Yelstin Adviser Stresses Importance of Upcom- Beijing on January 30–31 by a low-level dele- It was left to Vice President Gore to try to ing Visit,’’ Xinhua, April 22, 1996; in FBIS–CHI–96– close any deal during his late March visit. 080, April 24, 1996. gation from the National Security Council 12 ‘‘Spokesman on Jiang Zemin Visit,’’ The News and the State Department, aimed at explor- Meanwhile the E.U. had met in Brussels on (Islamabad), December 2, 1996, Foreign Broadcast In- ing the possibilities for a human rights February 24 and decided to put off any deci- formation Service, FBIS–CHI–96–232. breakthrough. sion on a resolution, waiting instead for the 13 The U.N. thematic mechanisms include, among On January 21, the Clinton administration outcome of Albright’s trip. Immediately fol- others, the Special Rapporteurs on Torture; Sum- moved to ensure consistency in the U.S.-E.U. lowing Gore’s visit, Australian Prime Min- mary and Arbitrary Execution; Religious Intoler- position. A diplomatic demarche´ circulated ister John Howard is due in Beijing, as are ance; Freedom of Expression; Independence of the to E.U. members in Brussels stated that ‘‘we Canada’s foreign minister, Lloyd Axworthy Judiciary; Violence Against Women; and Sale of (in April), and French President Jacque Children, as well as Working Groups on Disappear- are continuing to talk with the Chinese ances and Arbitrary Detention. At China’s invita- about what meaningful concrete steps they Chirac (in May). tion, the Special Rapporteur on Religious Intoler- might take to avoid confrontation in Gene- While the E.U. and the U.S. were procrasti- ance visited in November 1994. Not only have none of va,’’ and it suggested that to make compli- nating, the U.N. High Commissioner for his recommendations been implemented, but reli- ance easier, the E.U. ask China for the same Human Rights Jose´ Ayala Lasso announced gious repression in China has intensified in the two minimal concessions: releases of prisoners on February 10, before the sudden announce- years since the visit. Negotiations for a visit by the with medical problems, resumption of dis- ment of his resignation, that he had received Working Group on Arbitrary Detention are ongoing. 14 ‘‘Mutual Respect Needed,’’ China Daily (English cussions on prison visits, and signing and and accepted in principle an invitation from China to visit. The timing of the invitation language version), January 15, 1997, p. 4. submitting to the National People’s Con- 15 was clearly an effort to try to undermine the ‘‘I don’t think there is any way that anyone who gress for ratification the International Cov- disagrees with that in China can hold back that [lib- enant on Civil and Political Rights and the already dim prospects for a successful resolu- erty], just as eventually the Berlin Wall fell. I just International Covenant on Economic, Social tion by demonstrating China’s openness to think it’s inevitable.’’ Quoted from his press con- and Cultural Rights. The U.S. did state its cooperation on human rights with the U.N. ference in Jim Mann, ‘‘Clinton’s ‘Berlin Wall’ The- willingness to cosponsor a resolution if Chi- VIII. CONCLUSION ory on China Steeped in Paradoxes,’’ Washington For the last two years, the diplomacy sur- Post, February 12, 1997. na’s performance did not improve but did not 16 South China Morning Post, ‘‘Rights Action set a time frame or deadline for making a rounding a China resolution at the U.N. Urged to Avoid Censure,’’ January 30, 1997. formal decision. President Clinton himself Human Rights Commission has been marked 17 Patrick E. Tyler, ‘‘U.S. and Chinese Seen Near a went further, stating at his January 24 press by a sorry lack of will and outright hypoc- Deal on Human Rights,’’ New York Times, February conference that there was no need to press risy on the part of those countries that pur- 24, 1997. China on human rights because the current port to defend human rights. The U.S. and 18 Patrick E. Tyler, ‘‘China and Red Cross Agree to government would, like the Berlin Wall, E.U. member governments in particular have New Talks on Jail Visits,’’ New York Times, March 1, 1997. eventually fall.15 watched in near-silence as penalties for dis- Six days later, the Clinton administration sent in China steadily increased. The one Mr. SMITH of New Jersey. Mr. was back to justify no decision in terms of tool that even U.S. and European critics of a Speaker, I reserve the balance of my seeking improvements. On January 30, Sec- vocal human rights policy were willing to time. retary Albright relayed that message when support was a resolution in Geneva because Mr. DAVIS of Florida. Mr. Speaker, I she met in Washington with Dutch Foreign it was by definition multilateral and less yield myself such time as I may con- Minister Hans van Micrlo and Sir Leon damaging, it was thought, to bilateral rela- sume, and I rise in support of this reso- Britian, vice-president of the European Com- tions. lution, as amended. The resolution be- But by 1997, American and European lead- mission and a strong supporter of commer- fore the House, as amended, urges the cial diplomacy.16 Given the deterioration of ers appeared ready to take any promise the human rights in China across the board over Chinese government was willing to make as administration to reconsider the deci- the past year, however, trying to seek ‘‘im- evidence of progress on human rights and as sion made this weekend as to whether provements’’ in the few months before the a pretext for backing out of a resolution. At to pursue a resolution of the upcoming commission meetings began was disingen- the same time, it had ensured that no such meeting in Geneva of the United Na- uous at best. resolution could ever pass by holding off so tions Human Rights Commission. Two Secretary Albright’s visit to Beijing on long on the lobbying needed to build support concerns I would like to express about February 24—just prior to Deng Xiaoping’s at the commission even as China was en- the resolution before I further express funeral—provided another opportunity to gaged in steady and effective lobbying of its avoid a resolution, pending the outcome of own. The U.S. and Europe have sent a clear my support for the resolution. her high-level discussions with Jiang Zemin, message that powerful countries will be al- The first is the European Union has Li Peng and other senior officials. A report lowed to abuse international standards with gone on record as having made a deci- in the New York Times, published the day impunity. That signal is a disservice to the sion not to cosponsor or introduce such she arrived in Beijing, outlined the possible United Nations and to the cause of human a resolution in this upcoming meeting. elements of a deal, although the administra- rights. I think it is terribly important, as our tion vehemently denied the story’s sugges- FOOTNOTES country continues to assert its leader- tion that a bargain was imminent, it did not 1 ship in the goal in which we all share, dispute the other details.17 Albright left Bei- See, for example, the statements of Chinese dip- lomats in press releases issued by the U.N. Commis- jing, empty-handed but noting that break- which is to advance the issue of human sion for Human Rights during its 1996 session: Wu rights in China and around the world, throughs before had not come during high- Jianmin in Press Release HR/CN/96/03, March 19, level visits but often several weeks or 1996, p. 4 and Zhang Jun in Press Release HR/CN/96/ we recognize that the resolutions that months afterwards, so as not to give the im- 13, March 26, 1996, p. 4. we support are those that we want to H1188 CONGRESSIONAL RECORD — HOUSE March 17, 1998 win and going into this particular national Red Cross, promoting a dia- In addition to the voice of the dis- meeting of the U.N. without the sup- logue between his holiness the Dalai sidents in support of this resolution, in port of the European Union could spell Lama and the Chinese government and addition to the promise made by Presi- disaster in that regard. obtaining the release of political and dent Clinton to pursue this resolution The second point to note again is religious prisoners. The Clinton admin- when he delinked, in addition to the that the administration has made a de- istration has hung its decision on the fact that this is the 50th anniversary of cision, and that is not to pursue a reso- slim reed of the agreement by China, the universal declaration of human lution in this upcoming meeting. the announcement by China to sign the rights, I urge my colleagues to support Therefore, this resolution before the International Covenant on Civil and this resolution urging the administra- House today would have been more ap- Political Rights. How can it be that tion to reconsider because the basis of propriate to have been brought up last this administration would say that be- their decision was the Chinese promise week. The administration has acted. cause the Chinese say they would sign to support this other convention, to The resolution before the House, as this document we would not pursue the sign this other convention. amended, urges the administration to resolution at the U.N. when the U.S. I call to my colleagues’ attention, reconsider that decision, but it is un- itself has taken action at the same and they may have seen it, I hope so, fortunate we are a little behind the venue, the same commission, against over the weekend in the newspapers curve in that regard. Nigeria, Iran, Sudan, Iraq, Rwanda, the reports that the Chinese govern- On balance I think it is necessary for Bosnia and Herzegovina, Croatia, ment, that we all remember when the United States to send a very strong Yugoslavia and Equatorial Guinea. President Jiang Zemin was here, he message to China and to the rest of the These countries signed that covenant and President Clinton had as the world that we are concerned about the and the administration, recognizing crowning glory, the moment of their plight of human rights in China and that that signature is not of itself summit the agreement by the Chinese our resolve in that regard is stronger worth much unless there is ratification that they would no longer sell tech- than ever. People in China, including and implementation, has in the past nology for weapons of mass destruction the government and leadership, need to pursued a resolution against, for con- to Iran. On the strength of that agree- make no mistake about it. Americans demnation against these countries at ment, that written agreement, the care very deeply about human rights in the same venue. Clinton administration recently cer- When President Clinton delinked China. Our ability to have a decent re- tified that on the basis of promises, not trade and human rights in 1994, he said lationship with China will continue to performance, that the Chinese were in very, very specifically that he would be circumscribed as long as the Chinese accord, in compliance with the accords pursue the issue at the Human Rights government continues to abuse its citi- in terms of the nuclear arena and that Commission, that he would use multi- would allow business in the United zens. I plan to vote for this resolution lateral fora, including the U.N. com- States to sell nuclear technology to and urge my colleagues to do the same. mission, and would press, would press Mr. Speaker, I yield 6 minutes and 30 China. Already the Chinese have vio- for the passage of a resolution, ap- seconds to the gentlewoman from Cali- lated that agreement. When they were pointed a rapporteur to report on Chi- caught, the administration tried to fornia (Ms. PELOSI). Ms. PELOSI. Mr. Speaker, I thank na’s human rights violation. hold, to prevent that information, as I When my colleague says we would the gentleman for yielding me the mentioned, the Chinese government in like to select fights that we can win, I time. I thank the committee for its violation of a signed agreement with would beg respectfully to differ. To the hard work in bringing this resolution President Clinton, which was the flag- people in China and many of their rep- ship issue of the summit, in violation to the floor. Indeed, as my colleague resentatives in the dissident commu- the gentleman from Florida (Mr. of that the Chinese government was nity, both in China and in the U.S., transferring the technology to the Ira- DAVIS) mentioned, the President an- namely, for one, Wei Jingsheng, have nian government, a lifetime supply of nounced a decision last Friday, and he said that it is very, very important for said that we were behind the curve. I materials for the enrichment of ura- the U.S. to continue to push for this; nium. When the Chinese were caught think indeed that the White House, an- whether we win or lose, the Chinese the administration tried to suppress ticipating a strong vote in this body, people must know that we stand with the information to make sure nobody tried to preempt the actions of the them. found out about it. When it was made House of Representatives, knowing He has himself said, I urge, this is public, the administration declared that the Senate voted 95 to 5 in favor of from Wei Jingsheng, many members in victory and said, look, we stopped the this resolution. The administration this body fought for his release from Chinese from doing what they said wanted to cut us off at the pass, and prison, we had hoped it would not be they were not going to do in the first that is why we are not late but they exile from his country, as the Chinese place. took the action that they did. have executed, but release from prison The point is their agreements mean Nonetheless, I commend the gen- and the ability to speak freely in nothing. We have to urge the adminis- tleman from New Jersey (Mr. SMITH), China. But nonetheless the exiled Wei tration to reconsider its decision. I the gentleman from Florida (Mr. Jingsheng says, in a letter to Members urge my colleagues to vote aye. DAVIS), the gentleman from Indiana of Congress, I urge my friends in the Mr. SMITH of New Jersey. Mr. (Mr. HAMILTON), the gentleman from United States Congress to clearly show Speaker, I thank the gentlewoman for Nebraska (Mr. BEREUTER), and all the Chinese people the basic values of her very strong statement. those who worked to put this resolu- the American people. I urge my friends I yield such time as he may consume tion together for the administration to to pass a clear resolution calling upon to the gentleman from New York (Mr. reconsider its ill-advised decision, and your Representatives and the Commis- SOLOMON), who has been a leader on for the following reasons. sion for Human Rights in Geneva to human rights in China for many, many First of all, Mr. Speaker, it would be hold fast in their position. It is not years. a very sad, sad occurrence that in this, only for the sake of the American peo- Mr. SOLOMON. Mr. Speaker, I thank the 50th anniversary of the Universal ple, but for the whole of humankind. the gentleman from New Jersey who Declaration of Human Rights, that we The values of democracy, freedom and for 18 years has led a fight on this floor would give a victory to the authoritar- human rights far exceed the value of trying to help people who are oppressed ian regime in China by not pursuing a money. across this world with human rights resolution condemning China’s human He further says, many Chinese, Wei violations. I thank the gentleman from rights practices at the U.N. Human Jingsheng further says, many Chinese Tampa, Florida, who replaced a very Rights Commission. There is no real people regard the Human Rights Com- good friend of mine, Sam Gibbons, for progress to report on stated pieces of mission in Geneva as a barometer to his remarks as well. As always, we the administration’s human rights pol- measure the support given by the thank the gentlewoman from Califor- icy, including, and these are the cri- international community to the Chi- nia. She is a real leader in the fight to teria the administration uses, ensuring nese people in their struggle for human try and make the lives of other people access to Chinese prisons for the Inter- rights and freedom. throughout this world better. March 17, 1998 CONGRESSIONAL RECORD — HOUSE H1189 Mr. Speaker, I reluctantly support body, the chief lawmaking body for sale of organs from executed prisoners, this resolution today. I say reluctantly this Nation, go on record for a most which, by the way, was reported in the because quite frankly it is a shame, solemn and important statement and newspaper today again, and tight con- quite frankly it is a scandal that we argument. trol over the exercise of rights of free- have to be here at all exhorting our I happen to have been one who with dom of speech, press and religion. President to do something that he great trepidation voted for the MFN, With this in mind, this body must should be doing without us even ask- the most-favored-nation, based upon and should encourage the President to ing. Our President, continuing his five- the many strong arguments that had reconsider his decision. I believe it is year unrequited love affair with these been made that if you continue to ex- important that we reconsider the deci- butchers of Beijing, has abandoned the pose a nation to opportunity, to de- sion that was offered just a time a pursuit of improved human rights in mocracy, to the respect of human while ago. I believe it is likewise im- China at the U.N. and that is just so rights, you would see gradually those portant that we stand on the side of sad. So it falls to us here in this Con- changes coming about. history and continue to fight for gress to pass this resolution today call- b 1530 human rights and human justice. ing on the President to do the right It is evident from the leadership of thing. It is embarrassing, Mr. Speaker. It would have been interesting to be the peace movement and others who Once again China’s human rights a fly on the wall during the tumul- have said that the offering and debat- record continues to offend the decent tuous debates regarding the Soviet ing of this resolution at the annual people in this world and everyone ad- Bloc, and then as we saw the Berlin U.N. Human Rights Commission in Ge- mits it; everyone, that is, except the Wall fall and the rejoicing of democ- neva advances human rights in China Clinton administration and some unbe- racy in those parts of the world. and Tibet. And we must stand by that lievably cowardly governments in Eu- I am hoping and would hope most of argument. China in the past has shown rope who all they want is the almighty us would like to believe that we have a willingness to respond to the con- dollar. And what a shame that is. Mr. that kind of trend moving forward in cerns of the United States regarding Speaker, a couple of weeks ago, several China. Sadly, as time goes on, I am be- human rights, and I believe that this Members and I had a meeting with lieving that more is needed, and I cer- resolution will make progress in that Richard Gere. Members know who he tainly think the United Nations resolu- area. is; he is a Hollywood celebrity. He is tion dealing with the question of Therefore, I strongly encourage my the cochairman though of the Inter- human rights was more than appro- colleagues to support this House reso- national Campaign for Tibet. Mr. Gere, priate. lution and recognize that today we who travels to the Tibetan refugee So I join my colleagues on this day of stand on behalf of those who deserve camps in India frequently and was with Saint Patrick, as I am wearing green human rights and justice in China. me in Taiwan just a couple of weeks for that special occasion, the patron Where is China’s patron saint? We need ago, told us how in 1994, when Presi- saint who realized how important it that person and that saint now. dent Clinton shamefully delinked was in his life and in his time that Mr. Speaker, I rise in support of House Res- human rights from trade with China, Christianity was being blocked in Ire- olution 364, which urges the introduction and Communist prison guards began imme- land. We have many faiths now. We passage of a resolution on the human rights diately beating prisoners telling them have many views now in this world situation in the People's Republic of China at that no one was going to help them that is becoming smaller and smaller. the 54th Session of the United Nations Com- now. That is not JERRY SOLOMON say- Why is China blocking those who may mission on Human Rights ing that. That was Richard Gere who differ with the government? Where is I know that physically the United States can strongly campaigned for the President China’s patron saint? do little to relieve the suffering of people in and is sorry that he did because of ac- I truly believe that the United States other nations at the hands of their own gov- tions like this. Congress has its right and its respon- ernments. However, we as members of this Unfortunately, we can be sure that sibility to be the patron saint of a representative body on the behalf of the Amer- the same vile brutality is now taking country that refuses to acknowledge ican people can voice concerns regarding place in the wake of President Clin- its place at the world table, and that is human rights policies which are inconsistent ton’s and the European Union’s and the with the dignity of human rights. with our own interest and values. U.N.’s gutless decision not to censure So, Mr. Speaker, I rise in support of The State Department's Country Reports on China for its colossal human rights vio- House Resolution 364, and I believe Human Rights Practices for 1997 state that lations. That is why we are here today that the resolution on the human the Government of China continues to commit on this floor. That is why the gen- rights situation in the People’s Repub- widespread and well-documented human tleman from New Jersey (Mr. SMITH) lic of China at the 54th session of the rights abuses, in violation of internationally ac- introduced this resolution, and that is United Nations Commission on Human cepted norms, including extrajudicial killings, why everybody better come over to Rights should be passed. the use of torture, arbitrary arrest and deten- this floor and they better pass it unani- I know that physically the United tion, forced abortion and sterilization, the sale mously. States can do little to relieve the suf- of organs from executed prisoners, and tight Mr. DAVIS of Florida. Mr. Speaker, I fering of people of other nations at the control over the exercise of rights of freedom yield 5 minutes to the gentlewoman hands of their own government. In fact, of speech, press, and religion. from Texas (Ms. JACKSON-LEE). China has said that to us on a regular With this in mind this body must and should Ms. JACKSON-LEE of Texas. Mr. basis. However, we, as Members of this encourage the President to reconsider his de- Speaker, I thank my colleague and representative body on behalf of the cision announced just a few days ago not to friend, the gentleman from Florida American people, can voice concerns press for a resolution on human rights viola- (Mr. DAVIS), who has been kind enough regarding human rights and argue for tions in China and Tibet at the 54th Session to join me in serving with the Congres- our government to take a stand. We of the United Nations Commission on Human sional Children’s Caucus, and so I know must argue when policies are inconsist- Rights. his commitment to the question of ent with our own interests of simple History is on the side of action in this de- equality, human rights and social jus- human justice. bate on whether or not to press for a resolu- tice. Let me acknowledge the gentle- The State Department’s country tion at the upcoming United Nations meeting woman from California (Ms. PELOSI) as records reports on human rights prac- on human rights. We know that the release well for continuing this fight for sim- tices for 1997 states that the Govern- last year of Chinese dissident Wei Jingsheng ply humanity in China. The gentleman ment of China continues to commit after the U.S.-China summit and just before from New York (Mr. GILMAN), I thank widespread and well-documented Chinese Justice Minister Xiao Yang arrived in him also for his leadership. I would like human rights abuses in violation of Washington for talks with U.S. officials came this debate to be perceived as a biparti- internationally accepted norms, in- as a result of pressure from the United States. san debate and really less so about cluding extrajudicial killings, the use It is evident from what Wei Jingsheng and whether Congress is behind the eight of torture, arbitrary arrests, detention, others have said that offering and debating ball as to whether or not we in this forced abortion and sterilization, the this resolution at the annual U.N. Human H1190 CONGRESSIONAL RECORD — HOUSE March 17, 1998 Rights Commission in Geneva advances In addition, Beijing has agreed to end and they do it with our own money. human rights in China and Tibet. In the past the sale of nuclear and ballistic missile How even more necessary for us to the Government of China has made some im- technology to nations that are linked take leadership at the Commission. provements in human rights just before the to terrorism, but their sales continue. Mr. SMITH of New Jersey. Mr. annual Human Rights Commission consider- They continue to this very day. Speaker, I yield myself 30 seconds, be- ation of a China resolution. Before the President visits China, he fore yielding to the distinguished We know that conditions for political pris- really should know when its leaders are chairman of the Subcommittee on Asia oners improve when the resolution is being going to sign, ratify and implement and the Pacific to make one additional debated and they deteriorate when the resolve both of these covenants. The President point. of the United States weakens. also needs to know when Beijing will I think it is very important to point The United States has stayed the course amend its 1993 state security law and out that the Chinese Government, and since 1990 participating in multilateral efforts when it will abolish administrative de- Human Rights Watch Asia has done a to gain passage of a United Nations Commis- tention, including the use of reeduca- very fine job in chronicling this, coun- sion on Human Rights resolution addressing tion through labor. try by country, went out and sought the human rights situation in China. We The President also needs to know members of the Human Rights Com- should not at this point retreat from our posi- when Beijing will review the sentences mission in Geneva and provided favors tion regarding the need to improve human of more than 2,000 who have been con- to those governments, money, building rights in China. victed as counterrevolutionary offend- supplies, all kinds of materiel in order China in the past has shown a willingness ers with a view towards releasing un- to buy out those countries from sup- to respond to the concerns of the United conditionally those who are in prison. porting the human rights resolution States regarding human rights, and I believe And before the President’s visit to last year. that this resolution will make progress in that China, he should be assured that the I would ask at the appropriate time area. Therefore, I strongly encourage my col- government in Beijing are going to that that be made a part of the RECORD leagues to support of House Resolution 364. give regular access to Tibet and to so that Members can see how the Chi- Mr. SMITH of New Jersey. Mr. East Turkestan by U.N. and private nese Government methodically was Speaker, I yield such time as he may independent human rights monitors. able to silence its critics. consume to the distinguished gen- He should also wait until the Com- Mr. Speaker, I yield such time as he tleman from New York (Mr. GILMAN), munist government has ended or eased may consume to the gentleman from the chairman of the full Committee on its registration requirements on reli- Nebraska (Mr. BEREUTER), the very dis- International Relations. tinguished chairman of the Sub- (Mr. GILMAN asked and was given gious activities and that it is taking permission to revise and extend his re- concrete steps to protect freedom of as- committee on Asia and the Pacific. (Mr. BEREUTER asked and was marks.) sociation with Chinese workers. Mr. GILMAN. Mr. Speaker, I rise in Accordingly, I join with my col- given permission to revise and extend strong support of H.Res. 364, and I want leagues in urging this administration his remarks.) to commend the chairman of the Sub- and the President to reconsider their Mr. BEREUTER. Mr. Speaker, I committee on International Operations reluctance to sponsor the Geneva reso- thank the gentleman from New Jersey and Human Rights, the gentleman lution and to put off the Presidential for yielding me this time. As an original cosponsor of H. Res. from New Jersey (Mr. SMITH), and the visit until we see some progress in ranking minority member of his com- those critical areas. I urge my col- 364, this Member rises in strong sup- mittee, the gentleman from California leagues to fully support H.Res. 364. port of this resolution which urges the introduction and passage of a resolu- (Mr. LANTOS), for crafting this resolu- Mr. DAVIS of Florida. Mr. Speaker, I tion and bringing it before us at this yield 1 minute to the gentlewoman tion on the human rights situation in time. from California (Ms. PELOSI). the People’s Republic of China at the I also want to commend the distin- Ms. PELOSI. Mr. Speaker, I thank U.N. Human Rights Commission in Ge- guished chairman of our Subcommittee the gentleman for yielding me this neva. The Commission began its annual on Asia and the Pacific, the gentleman time. session on March 16th. from Nebraska (Mr. BEREUTER), and I wanted to make one additional This administration seems to believe the distinguished chairman of our point, Mr. Speaker, and that is to ad- strongly in using the United Nations Committee on Rules, the gentleman dress the issue of the European Com- where appropriate. This is the appro- from New York (Mr. SOLOMON), for munity not supporting the resolution priate place for the human rights their strong support of the measure; in this year. That decision by the EU does abuses in China to be brought to the addition to the gentlewoman from not bind the member states of the EU, attention of the world community. I California (Ms. PELOSI), who has been and it is possible that some of those regret the fact that it is not going to an activist for human rights in China. countries would support the resolution, be pursued by the administration. In response to Beijing’s announce- and I certainly hope so, but it would The resolution we have before us ment last week that it would sign the require leadership on the part of the today, crafted by the gentleman from United Nations Covenant on Civil and United States. New Jersey, with input from many peo- Political Rights, and the administra- I wanted to make the point that Wei ple, including this Member, quotes tion’s desire to send President Clinton Jingsheng has driven home to us, and from the State Department Human off to China on a Presidential visit, the that is that as we are considering this Rights Report of 1997 noting that the Clinton administration has reported resolution, and many of my colleagues Government of China continued to that it will not sponsor a China human feel much more comfortable dealing commit widespread and well-docu- rights resolution in Geneva. This is dis- with human rights in China at the mented human rights abuses, which in- tressing to many of us. The President Human Rights Commission, and I cluded extrajudicial killings, torture, should reconsider his reluctance to un- think that is very appropriate, and this forced abortion and sterilization, as derscore our Nation’s opposition to is not the time to talk about trade well as expanded attempts to control China’s consistent violations of human issues or MFN, however Wei Jingsheng religion. rights. would want me to say what he has told Certainly Beijing is annoyed that To say the least, Beijing’s track me over and over again, and that is year after year the United States has record of living up to its promises have that the huge trade deficit, $50 billion raised this issue at the U.N. Human not been very impressive. Last Octo- this year, that the Chinese enjoys with Rights Commission. But for many in ber, for example, President Jiang the U.S., it is a surplus to them, is this body who are genuinely interested Zemin signed another key treaty, the money that they spend buying, buying, in Sino-American relations, human Covenant on Economic, Social and Cul- in Europe and other countries that are rights is an entirely appropriate U.S. tural Rights, but the National People’s represented at the U.N. Commission on concern. Thus, this Member regrets Congress, now in session in Beijing, has Human Rights, buying support. that late last week the administration not taken any action thus far to ratify They have effectively silenced any decided not to press for a U.N. resolu- that agreement. voices for support for this resolution, tion censuring China for human rights March 17, 1998 CONGRESSIONAL RECORD — HOUSE H1191 abuses, citing that the Beijing Govern- tive. He has pursued it previously, as the United States Government sponsor and ment is gradually changing it is pro- already mentioned. actively lobby for a resolution on China's gressive practices and may be ready to This Member also thanks the distin- human rights record at this month's meeting of make new releases of political dis- guished chairman of the Committee on the U.N. Commission on Human Rights. In our sidents. That may be a correct conclu- International Relations, the gentleman letter, we argued that it would be a serious sion. I hope it is. But I do believe it is from New York (Mr. GILMAN), for as- mistake, given the wide scale and continuing the wrong approach. sisting us in moving this initiative in human rights abuses in China and Tibet, to re- I think we use this Human Rights such an expeditious manner. move that pressure before China takes con- Commission forum whenever appro- Mr. Speaker, I urge all Members to crete steps to comply with international stand- priate. And while it is true that during vote for the adoption of H.Res. 364. ards. These steps must include significant im- the past year China has made some Mr. DAVIS of Florida. Mr. Speaker, I provement in China's overall human rights concessions, such as the release of dis- yield back the balance of my time. practices, including granting freedom of sident Wei Jingsheng from prison, this Mr. SMITH of New Jersey. Mr. speech, association, and religion; enacting Member urges the administration to Speaker, I yield myself 30 seconds to major legal reforms, including repealing state continue to press China on human thank my good friend from Nebraska, security laws and abolishing all so-called rights even if the U.N. meeting in the chairman of the Subcommittee on ``counter-revolutionary'' crimes; releasing politi- China, very unfortunately, is not to be Asia and the Pacific. He is very much cal prisoners; acting to protect freedom of as- the forum by the choosing of this ad- involved on a day-to-day basis with sociation for workers; and opening up Tibet to ministration. what is going on in China. We have human rights monitors. As the Members of this body are worked cooperatively on this resolu- I was extremely disappointed to learn on aware, this Member supports engage- tion. He had some very useful text Friday that the Administration has decided ment with the People’s Republic of changes, and we thank him for that. against pressing for passage of a resolution China. This year’s summit represented I wanted to thank the chairman of on China's human rights practices at the U.N. expanded engagement of the PRC, the full committee, the gentleman Commission later this month. Failure to press which this Member believes will suc- from New York (Mr. GILMAN), who is for passage of a resolution will seriously un- cessfully promote Democratic ideals always a great friend of human rights; dermine our efforts to influence Chinese and standards throughout this country. the gentlewoman from California (Ms. human rights policies and represents a step That said, this does not mean that we PELOSI); and I want to thank the gen- backwards in our efforts to advance the cause should remain silent regarding human tleman from California (Mr. LANTOS), of freedom across the globe. In making its announcement, the Adminis- rights abuses in China. my ranking member of the subcommit- The gentlewoman from California has tee, and all the Members who have tration noted that China intends to sign the brought up the European Commission helped forge this legislation. International Covenant on Civil and Political and the European Union, and I think Mr. GEPHARDT. Mr. Speaker, I rise today Rights, which would bring about improved multilateral oversight of China's human rights that is entirely appropriate. They say as an original cosponsor of H. Res. 364, a practices. While I agree that China's participa- we are not going to pursue this in the resolution urging the President to secure pas- tion in this Covenant will be a significant U.N. Human Rights Commission be- sage of a resolution on China's human rights achievement if it follows through on its com- cause we believe in constructive en- record at the annual meeting of the United Na- mitment, it does not adequately substitute for gagement. Well, so do I, and so do tions Commission on Human Rights (UNCHR) the annual review and dialogue provided by many Members of this body, and so do this month in Geneva. the U.N. Human rights Commission. After Chi- the administrations of both parties, During the past eight years, the United na's first year of participation under this Cov- but that does not mean that we fail to States Government has participated in nearly enant, its human rights practices will be sub- use the U.N. Human Rights Commis- all of the annual efforts to pass a resolution at ject to international oversight only once every sion. the UNCHR addressing the Chinese Govern- five years. I think it is a shameful lack of cour- ment's human rights policies. This pressure We must regularly review China's record in age on the part of the Commission. I has generated limited but important results, this area to continually draw international at- am talking about the European Com- such as the Chinese government's signing of tention to its flagrant abuses of human rights. mission and the European Union. It is the International Covenant on Economic, So- Only through such a review can we hope to true, as the gentlewoman said, that cial and Cultural Rights and inviting the U.N. sustain the momentum necessary to have any members are free to go their own way Working Group on Arbitrary Detention to visit hope for meaningful and systematic changes and support and introduce such a reso- last October. in China's behavior. Examination of China's lution before the U.N. Human Rights I have long believed that we should press human rights practices only once every five Commission. Denmark had the courage for improvements in the human rights situation years is insufficient to create any real momen- to do that last year. China threatened in China through the use of multilateral forums tum for change. In fact, this will best serve the repercussions on Denmark when they such as the UNCHR, bilateral negotiations, Chinese Government's interest by keeping took that stance, and perhaps they de- and other mechanisms such as the annual de- these issues out of public debate most of the livered on that. But I do not think that bate over renewing Most-Favored-Nation sta- time. should be any excuse for the lack of tus for China. Furthermore, I am deeply concerned that a courage on the part of the Europeans Critics of the annual debate on Most-Fa- failure by the United States to take a leading in this respect. And they are very vored-Nation status for China, however, have role on this issue at this crucial juncture would quick to give us advice gratuitously. argued that removal of MFN trade treatment bolster efforts made by China in recent years Let it be said that this Member, and I for China is an instrument too blunt for the to eliminate all international comment on its think many Members of this body, are task at hand. They have urged that in place of human rights practices, and would further fuel discouraged and very upset with their U.S. unilateral action the U.S. should pursue China's efforts to weaken the definition of decision. efforts to ensure a multilateral approach to in- basic universal human rights and the mecha- This resolution, therefore, is an im- fluence Beijing's human rights practices. When nisms designed to protect them. portant statement on the part of the the Administration decided in 1994 to delink It would be particularly disappointing on the U.S. House of Representatives. It puts, the MFN issue from human rights consider- fiftieth anniversary of the Universal Declaration through H.Res. 364, us on record that ations, the President acknowledged that the of Human Rights if China should succeed in the very real human rights questions multilateral dimension of our engagement on its efforts to escape the scrutiny of the one and concerns that the American people human rights in China remained critical. At international body mandated to protect and have raised regarding the PRC are cer- that time, he stated that ``the U.S. should step promote human rights. The U.N. Commission tainly voiced in this body. up efforts, in cooperation with other states, to on Human Rights is one of the few instru- This Member again commends the insist that the U.N. Commission on Human ments by which the international community author of the resolution, the distin- Rights pass a resolution dealing with the seri- has the opportunity to voice concern about guished chairman of the Subcommittee ous human rights abuses in China.'' human rights practices around the world. Lack on International Operations and To that end, earlier this year I wrote to the of action at the U.N. Commission on Human Human Rights, the gentleman from President with Democratic Whip DAVID BONIOR Rights would greatly undermine multilateral New Jersey (Mr. SMITH), for this initia- and Representative NANCY PELOSI to urge that pressure on the Chinese government. H1192 CONGRESSIONAL RECORD — HOUSE March 17, 1998 I hope the President will reconsider his deci- (3) calls on President Masire’s successor to Mr. Speaker, I rise to speak in sup- sion not to lead efforts at the U.N. Human pursue the course set by President Masire by port of the resolution. Rights Commission later this month, and I maintaining a democratic Botswana; Botswana is a success story. It is one urge all Members to support the adoption of (4) calls on the Government of Botswana to of Africa’s oldest continuous democ- continue playing a positive role in African this resolution. and world affairs; and racies. It has been active in promoting GENERAL LEAVE (5) encourages the Government of Bot- regional integration in southern Afri- Mr. SMITH of New Jersey. Mr. swana to continue promoting peace, democ- ca. Its military has a very professional Speaker, I ask unanimous consent that racy, respect for human rights, and economic reputation; and Botswana has been ac- all Members may have 5 legislative reform in Africa. tive in social programs, including con- days within which to revise and extend The SPEAKER pro tempore. Pursu- servation efforts. their remarks on House Resolution 364. ant to the rule, the gentleman from Congress is going on record today in The SPEAKER pro tempore (Mr. California (Mr. ROYCE) and the gen- recognition of that success and com- BARRETT of Nebraska). Is there objec- tleman from Florida (Mr. DAVIS) each mending President Masire for his lead- tion to the request of the gentleman will control 20 minutes. ership on the eve of his retirement. I from New Jersey? The Chair recognizes the gentleman hope this resolution will encourage There was no objection. from California (Mr. ROYCE). Botswana to continue its democratic Mr. SMITH of New Jersey. Mr. (Mr. ROYCE asked and was given per- tradition and to continue its construc- Speaker, I yield back the balance of mission to revise and extend his re- tive foreign policies. my time. marks.) I would like to urge my colleagues to b 1545 GENERAL LEAVE join the gentleman from California Mr. ROYCE. Mr. Speaker, I ask unan- (Mr. ROYCE) and me in recognizing Bot- The SPEAKER pro tempore (Mr. imous consent that all Members may BARRETT of Nebraska). The question is swana’s success by voting yes on this have 5 legislative days within which to resolution. on the motion offered by the gen- revise and extend their remarks on H. tleman from New Jersey (Mr. SMITH) Mr. Speaker, I yield back the balance Res. 373. of my time. that the House suspend the rules and The SPEAKER pro tempore. Is there agree to the resolution, H. Res. 364, as Mr. ROYCE. Mr. Speaker, I yield 4 objection to the request of the gen- minutes to the gentleman from New amended. tleman from California? York (Mr. GILMAN), the distinguished The question was taken. There was no objection. Mr. SMITH of New Jersey. Mr. Mr. ROYCE. Mr. Speaker, this resolu- chairman of the Committee on Inter- Speaker, on that I demand the yeas tion recognizes the government of Bot- national Relations. and nays. swana and the people of Botswana for (Mr. GILMAN asked and was given The yeas and nays were ordered. their long-standing commitment to de- permission to revise and extend his re- The SPEAKER pro tempore. Pursu- mocracy. Since he took office in 1980, marks.) ant to clause 5 of rule I and the Chair’s President Ketumile Masire has pre- Mr. GILMAN. Mr. Speaker, I thank prior announcement, further proceed- sided over a government that has hon- the gentleman for yielding. Mr. Speaker, I want to thank the ings on this motion will be postponed. ored the democratic process. His gov- f ernment has been a model of democrat- gentleman from California (Mr. ROYCE), the distinguished chairman of COMMENDING DEMOCRACY IN ically-rooted stability and develop- ment for Africa, and it has been a our Subcommittee on Africa, and the BOTSWANA cosponsors of this resolution, the gen- Mr. ROYCE. Mr. Speaker, I move to model for the world. Botswana also is a long-standing tleman from New Jersey (Mr. MENEN- suspend the rules and agree to the reso- friend of the United States and has DEZ), the ranking Democrat on the lution (H. Res. 373) commending de- played a constructive diplomatic role Subcommittee on Africa, and the gen- mocracy in Botswana. tleman from Ohio (Mr. CHABOT) and the The Clerk read as follows: in Africa and in the world. Yet Bot- swana is a bit of a forgotten African gentleman from New Jersey (Mr. H. RES. 373 country. This bill brings attention to PAYNE). This resolution passed our Whereas Sir Ketumile Masire has been in- Botswana by commending its people committee by a voice vote March 12. volved in politics in his country since he co- Botswana is highly deserving of the founded the Bechuanaland Democratic Party for their democratic commitment. After nearly 18 years in office, Presi- praise contained in this resolution. Its (later the Botswana Democratic Party) with great progress on democracy and free- Seretse Khama in 1962; dent Masire is stepping down within Whereas Sir Ketumile Masire was elected days of our action here today. The res- market economics since independence to Botswana’s first Parliament in 1965, later olution commends him for his service is a model for other nations in the re- became Vice President under President to his country. All too often, we criti- gion and elsewhere. I am pleased that Seretse Khama, and succeeded President cize African leaders for the things they President Clinton is going to be visit- Khama as President upon his death in 1980; do wrong, but we seldom take the op- ing Botswana later this month during Whereas under President Masire’s adminis- portunity to commend them for a job his historic trip to Africa. tration Botswana has maintained a success- well done. This resolution offers us the Botswana’s neighborhood is southern ful multiparty constitutional democracy Africa, which today is an island of sta- with regular free and fair elections; chance to send such a positive message. Whereas President Masire plans to retire Botswana has been at the vanguard bility on the troubled continent of Af- from the presidency on March 31, 1998; of African democratic and economic re- rica. Peace has taken hold in Mozam- Whereas the Government of Botswana has form. This southern African nation has bique, apartheid has been vanquished worked constructively with the Organization been a model for its neighbors and in in South Africa, and the senseless kill- of African Unity, the Southern African De- several forums has worked diligently ing in Angola appears to be over. velopment Community, and other organiza- to promote peace and cooperation. At Even when this region was not so sta- tions to promote democracy in Africa; this time of renaissance for Africa, it is ble and when Botswana was surrounded Whereas Botswana is a long standing by wars and oppressive regimes, Bot- friend of the United States and was selected altogether appropriate for us to ac- as the site of a major Voice of America radio knowledge the positive role Botswana swana managed to embrace the best of relay station because of its stability; and has made in Africa and on the world Western values and to provide its peo- Whereas President Clinton plans to en- stage. ple with an increasingly higher stand- hance United States relations with Botswana The bill has bipartisan support, as ard of living. This is no small accom- through an upcoming official visit to Bot- demonstrated by its unanimous ap- plishment in that part of the world. swana: Now, therefore, be it proval by the Committee on Inter- Accordingly, I urge my colleagues to Resolved, That the House of Representa- national Relations last week. support this worthy resolution. tives— Mr. ROYCE. Mr. Speaker, I yield 2 (1) commends the people of Botswana for Mr. Speaker, I reserve the balance of their commitment to democracy; my time. minutes to the gentleman from Ne- (2) commends Sir Ketumile Masire for his Mr. DAVIS of Florida. Mr. Speaker, I braska (Mr. BEREUTER), a member of long and distinguished service to his country yield myself such time as I may con- the Committee on International Rela- and the cause of democracy in Africa; sume. tions. March 17, 1998 CONGRESSIONAL RECORD — HOUSE H1193 (Mr. BEREUTER asked and was policies has resulted in improved the people of Botswana. Under the given permission to revise and extend growth. Per capita gross domestic leadership of President Masire, Bot- his remarks.) product was approximately $2800 last swana has maintained a successful, Mr. BEREUTER. Mr. Speaker, I do year, and it is increasing at a robust multiparty constitutional democracy want to thank my colleague, the chair- annual rate of approximately 7 percent. with free and fair elections. This reso- man of the Subcommittee on Africa, I understand that elections should take lution commends Mr. Masire on the oc- for yielding me the time. I want to place soon and the Botswana Demo- casion of his retirement and calls upon commend him and the gentleman from cratic Party leader, Mr. Masire, will be his political successors to continue New Jersey (Mr. MENENDEZ) and all the handing over the reins to his Vice promoting peace, democracy, respect cosponsors of this resolution. President. Many years ago in Africa for human rights and economic reform As the gentleman from California when a President took over, he was in Africa. mentioned a few minutes ago, some- President for life. We have seen that in Mr. Speaker, this is a well-crafted times it appears we only bring resolu- Malawi where life President Banda just resolution that deserves the support of tions which criticize other countries. recently after 30 years handed it over. every Member of this body. I want to Here is an example of a country which This is a step really in the right direc- again commend the gentleman from has moved in a very exemplary fashion tion. California (Mr. ROYCE) and the other in so many areas. Let me say that I had the oppor- Members that I referred to. I also want Since its independence in September tunity to participate in a forum to to commend the President on making of 1996, Botswana has been a successful voice my concerns to the NSC and this trip to Africa. I urge support for multiparty democracy. It has consist- State Department before the President the resolution. ently scored high in human rights re- embarks upon his journey to Africa. Mr. ROYCE. Mr. Speaker, I yield ports by the State Department. It has One thing that came out of the dia- back the balance of my time. been a long-standing ally of the United logue is that women are a dominant The SPEAKER pro tempore. The States, and it has consistently sup- and important part of the economy question is on the motion offered by ported U.S. positions in international throughout Africa. Ghanian women ac- the gentleman from California (Mr. fora. Through increased adherence to count for almost 90 percent of the mar- ROYCE) that the House suspend the free-market principles, Botswana has ket economy. I know the government rules and agree to the resolution, experienced remarkable economic of Botswana is working to make im- House Resolution 373. growth, it has made U.S. economic as- provements in this area. Two years ago The question was taken; and (two- sistance unnecessary, and it has done I applauded the government for taking thirds having voted in favor thereof) it in a part of a continent where that is the initiative to formulate a long-term the rules were suspended and the reso- not always the case. plan of action to implement the Na- lution was agreed to. We often encourage African countries tional Policy on Women specifically A motion to reconsider was laid on to spend money on social concerns such working on property rights. the table. as education and health, and the Presi- In conclusion, let me say that we f dent Masire government has done ex- should congratulate countries like Bot- CALLING FOR FREE AND IMPAR- actly that. Unlike so many other lead- swana and that they are eager to be in TIAL ELECTIONS IN CAMBODIA ers in many countries and certainly in the first round of the Growth and Op- Africa, the President is stepping down portunity Act. As a matter of fact, for Mr. BEREUTER. Mr. Speaker, I move voluntarily. The ruling Botswana the last 4 or 5 years, Botswana has had to suspend the rules and agree to the Democratic Party offered him the a surplus of over a billion dollars each resolution (H.Res. 361) calling for free chance to be exempt from new term year which has been put aside into the and impartial elections in Cambodia, limits on the presidency, but he re- coffers of that country. I would once as amended. fused. I think he is setting an out- again like to congratulate that out- The Clerk read as follows: standing example for the future in this standing country and look forward to H. RES. 361 multiparty democracy. visiting there with the President in the Whereas Cambodia continues to recover It is entirely appropriate that we do coming week. from years of political conflict, civil war, the commend Botswana for the very im- Mr. ROYCE. Mr. Speaker, I yield era of Khmer Rouge genocide, and subse- quent foreign invasion; pressive progress they have made. I such time as he may consume to the Whereas the 1991 Paris Peace Accords con- commend my colleague for bringing gentleman from Ohio (Mr. CHABOT). tributed significantly to a process of politi- this to the attention of the House. Mr. CHABOT. Mr. Speaker, I thank cal accommodation, national conciliation, Mr. ROYCE. Mr. Speaker, President the gentleman for yielding me this and the establishment of a state based on Clinton is scheduled to visit Botswana time. I rise in strong support of the democratic ideals; later this month. I am scheduled to ac- resolution. I want to commend the gen- Whereas the people of Cambodia over- company him on that trip. We have tleman from California (Mr. ROYCE), whelmingly demonstrated their support for spoken with the administration about the distinguished chairman of the Sub- the democratic process through the partici- this resolution, and they strongly sup- committee on Africa, for offering this pation of over 93 percent of eligible voters in the United Nations-sponsored 1993 elections; port this measure as a positive sign to thoughtful and timely resolution. As a Whereas the commitment of the Cam- our friends in Botswana. member of the subcommittee, I have bodian people to democracy and stability is It would be my honor to present this had the pleasure of working closely reflected in the national constitution guar- resolution to President Masire on be- with the gentleman from California anteeing fundamental human rights; half of this House. I urge my colleagues (Mr. ROYCE). I think I speak for all the Whereas the international donor commu- to make this possible by approving this Members when I say we appreciate his nity has supported the democratic process in resolution today. able leadership. I also want to com- Cambodia by contributing over $3,000,000,000 Mr. DAVIS of Florida. Mr. Speaker, I mend the gentleman from New York to peacekeeping and national reconstruction efforts; yield such time as he may consume to (Mr. GILMAN), the chairman of the com- Whereas notwithstanding the notable soci- the distinguished gentleman from New mittee; the gentleman from New Jer- etal and economic reforms made subsequent Jersey (Mr. PAYNE). sey (Mr. MENENDEZ), the ranking mem- to the 1993 elections, tensions within the Mr. PAYNE. Mr. Speaker, I rise in ber of the subcommittee; and the gen- Cambodian Government continued to mount, support of this Botswana resolution. tleman from New Jersey (Mr. PAYNE) culminating in the July 5, 1997, military President Clinton will be traveling to for their work on this resolution. coup by which Second Prime Minister Hun Botswana in March. He chose Botswana Mr. Speaker, Botswana is one of the Sen deposed the duly elected First Prime not only for the country’s strong demo- great success stories of sub-Saharan Minister Prince Ranariddh; cratic values but the increase in eco- Africa. As the President prepares to Whereas the Hun Sen government has yet to adequately investigate the killings and nomic growth. The economy is market embark on his historic trip to that part human rights abuses which occurred at the oriented, with strong encouragement of the world, it is fitting that we send time of the July 5, 1997, coup and which were for private enterprise. The diamond along a message of commendation and detailed in the August 21, 1997, Hammarberg revenues and solid economic and fiscal encouragement to the government and report; H1194 CONGRESSIONAL RECORD — HOUSE March 17, 1998 Whereas Second Prime Minister Hun Sen The SPEAKER pro tempore. Pursu- impartiality of the election law and made a commitment to the United Nations ant to the rule, the gentleman from the newly created National Election High Commissioner for Human Rights Nebraska (Mr. BEREUTER) and the gen- Commission, and the failure of the Hun (UNCHR) to extend the mandate of UNCHR; tleman from Florida (Mr. DAVIS) each Sen regime to facilitate the expedi- Whereas an ongoing atmosphere of intimi- dation has prevented many of the political will control 20 minutes. tious return of Prince Ranariddh and exiles who have returned to Cambodia from The Chair recognizes the gentleman his full participation in the election carrying out their activities in preparation from Nebraska (Mr. BEREUTER). process as indications that conditions for the election scheduled for July 26 with- GENERAL LEAVE do not yet exist to conduct free, fair, out fear; Mr. BEREUTER. Mr. Speaker, I ask and credible elections. Whereas questions remain concerning the unanimous consent that all Members In response to these problems, H.Res. independence and impartiality of the newly may have 5 legislative days within 361 urges the Cambodian government created National Election Commission; to fully enforce the Paris Peace Ac- Whereas the failure of the Hun Sen Gov- which to revise and extend their re- ernment to agree to arrangements for the ex- marks on House Resolution 361. cords; to restore a nonviolent and neu- peditious return of Prince Ranariddh calls The SPEAKER pro tempore. Is there tral political atmosphere; to allow all into serious question the possibility of a objection to the request of the gen- exiled opposition leaders, including credible election; and tleman from Nebraska? First Premier Ranariddh, to return to Whereas the European Union has unwisely There was no objection. Cambodia and engage in political ac- decided to provide 9,500,000 ECU’s (approxi- Mr. BEREUTER. Mr. Speaker, I yield tivity without fear of political or phys- mately $11,500,000) in aid to the Hun Sen re- myself such time as I may consume. ical reprisal; and to take further meas- gime to prepare for the July election in the (Mr. BEREUTER asked and was given ures to ensure a credible election. absence of conditions that would allow a permission to revise and extend his re- credible election: Now, therefore, be it H.Res. 361 then also calls on all sides marks.) in the domestic dispute to abide by the Resolved, That the House of Representa- Mr. BEREUTER. Mr. Speaker, as the cease-fire of February 27, 1998. It com- tives— author of H.Res. 361, this Member rises (1) calls upon the Cambodian Govern- mends the work of the Association of ment— to urge the government of Cambodia to Southeast Asian Nations, ASEAN, and (A) to fully implement the Paris Peace Ac- create conditions which would ensure a the U.N. Centre for Human Rights for cords; free, fair, and credible election in that their ongoing efforts to restore demo- (B) to enforce the rule of law and fully pro- troubled country. cratic governance to Cambodia. It calls tect human rights, including a thorough in- Mr. Speaker, this Member would tell upon the United States Government to vestigation of the extrajudicial killings and his colleagues that 7 months after a continue its support for human rights human rights abuses which occurred follow- violent coup ousted the democratically NGOs in Cambodia. ing the July 5, 1997, coup and punishment of elected First Premier Prince those involved; Finally, H.Res. 361 states our unwill- (C) to restore a nonviolent and neutral po- Ranariddh from power, Cambodia’s ingness to accept as legitimate or wor- litical atmosphere, including strict adher- prospects for democracy remain a shat- thy of U.S. assistance a Cambodian ence to the cease-fire announced on Feb- tered dream. government resulting from a fraudu- ruary 27, 1998; Those democratic hopes were consid- lent election. (D) to allow all exiled opposition leaders, erably brighter in 1993 when an inter- Mr. Speaker, the Committee on including First Premier Ranariddh, to return national effort led by the United Na- International Relations unanimously to Cambodia and to engage in political activ- tions oversaw Cambodia’s first demo- adopted H.Res. 361. This Member be- ity without fear of political or physical re- cratic elections. Nearly 90 percent of lieves that H.Res. 361 represents a bal- prisal; and the eligible electorate took part in (E) to take further measures to create anced assessment of the situation in mechanisms to help ensure a credible elec- that contest which chose Cambodia and our prescription for ad- tion, including a truly independent and im- FUNCINPEC’s Prince Ranariddh as vancing democracy and human rights partial election commission and provisions Prime Minister. Hun Sen, however, re- in that beleaguered nation. to allow domestic and international observ- fused to accept the people’s verdict and This Member also thanks the gen- ers to monitor the entire election process; threatened a coup if not allowed a tleman from New York (Mr. GILMAN), (2) commends the Association of Southeast major role in the new government. Hun the distinguished chairman of the Com- Asian Nations (ASEAN) for its efforts to re- Sen’s stand resulted in an unnatural, mittee on International Relations, and store democratic governance in Cambodia and ultimately unworkable, coalition and urges a continuation of these efforts; the gentleman from Texas (Mr. (3) calls upon the European Union to recon- government. ARMEY), the distinguished majority sider its decision to provide assistance to the The fragile coalition finally disinte- leader, for moving this initiative in election process until such time as genuinely grated last July when Hun Sen vio- such an expeditious manner. free and fair elections can be conducted; lently expelled Prince Ranariddh from This Member also expresses apprecia- (4) urges the Secretary of State to con- the government. Many prominent op- tion to the distinguished gentleman tinue to provide support through appropriate position leaders fled into exile. Many from Indiana (Mr. HAMILTON), the rank- nongovernmental organizations to the coura- of these politicians have now returned ing member of the Committee on Inter- geous Cambodian human rights workers who to Cambodia to prepare for the elec- persevere in their difficulty task, despite the national Relations for his constructive considerable risk at which they put them- tions scheduled for July 26. However, additions to this resolution. selves; because of continued intimidation by This Member also thanks the distin- (5) calls upon the Secretary of State to forces close to the Hun Sen regime, guished gentleman from California work with members of the Association of these politicians have not been able to (Mr. BERMAN), the ranking member of Southeast Asian Nations and with members conduct normal political activities. the Subcommittee on Asia and the Pa- of the Donors group in urging the Cambodian The media, as well, has been cowed by cific, for his assistance in speeding this Government to create the conditions which the same forces of intimidation. resolution before this body. would guarantee a free and fair election; Within Cambodia, human rights (6) calls upon the Cambodian Government Mr. Speaker, I urge adoption of to work cooperatively with the Phnom Penh workers persevere in their difficult H.Res. 361. office of the United Nations Centre for task, often at considerable personal Mr. Speaker, I reserve the balance of Human Rights and urges the United States risk. Today, 7 months after the fact, my time. Hun Sen’s regime has yet to inves- Government and the international commu- b nity to support the efforts of the Centre to tigate the many instances of 1600 promote human rights in Cambodia by pro- extrajudicial killing that took place at Mr. DAVIS of Florida. Mr. Speaker, I viding the additional financial assistance the time of the coup and since, despite yield myself such time as I may con- needed to increase the number of United Na- repeated calls for accountability from sume. I strongly support this resolu- tions human rights monitors in Cambodia; tion and commend the gentleman from and domestic and international groups. (7) states its unwillingness to accept as le- H.Res. 361 cites the coup d’etat of Nebraska for bringing it before the gitimate or as worthy of United States as- July 1997 and subsequent extrajudicial House today. The next few months may sistance any Cambodian government that killings, the ongoing atmosphere of po- well determine the future of Cambodia arises from a fraudulent electoral process. litical intimidation, the questionable for years to come. With good fortune March 17, 1998 CONGRESSIONAL RECORD — HOUSE H1195 and concerted effort on the part of the committed to bringing democracy, jus- With that, Mr. Speaker, I would like Cambodian people as well as the inter- tice, peace and freedom once again to to add my appreciation and support of national community, democracy may the kingdom of Cambodia and to the H. Res. 373, which is commending de- begin to take root in Cambodia. But Khmer people. There is much work to mocracy in Botswana. Here we have a there is also a real chance that the do between now and the elections. I very small nation of 2 million people in forces of tyranny and hatred may tri- think this resolution expressing the sub-Saharan Africa. I had the pleasure umph in Cambodia, once again bringing sense of Congress is certainly a good of visiting it as part of the presidential chaos and misery to that tragic land. and worthy start. I am proud to be a mission in December. Probably to the The resolution before us today rep- cosponsor. I look forward with the help surprise of many of my colleagues, this resents a vote for democracy. It dem- of our colleagues to passing it today on nation has been democracy filled for 31 onstrates our commitment to political the floor of the House. years. In fact it has created a pluralism and a Cambodia whose peo- Mr. BEREUTER. Mr. Speaker, I yield multiparty democracy. It is the oldest ple can live in peace and without fear. myself such time as I may consume. I freestanding democracy in Africa with It deserves our support. I urge my col- thank my colleague from New York for their first President elected, Mr. Koma, leagues to join me in voting yes on this his comments. He is absolutely right. in 1966, who remained in office until his important resolution. The people of Cambodia have been very passing. With the present President Mr. Speaker, I reserve the balance of long suffering. They deserve better. We Mr. Masire, who came in 1994, they my time. are headed for a noncredible, disastrous have had an unblemished record of de- Mr. BEREUTER. Mr. Speaker, I yield election unless the world community mocracy. What has it engendered for such time as he may consume to the lets the Hun Sen regime know that we them? A high economy, free housing gentleman from New York (Mr. GIL- will not accept election results, that for many of its citizens, peace in the MAN), the chairman of the Committee we expect better, that we expect that streets. And so the question becomes to on International Relations. candidates for office, including Prince my colleagues, I hope that they will (Mr. GILMAN asked and was given Ranariddh will be able to come back support both of these resolutions, be- permission to revise and extend his re- and to campaign unimpeded by phys- cause what does peace and human marks.) ical intimidation. This House will be rights and justice beget us? It begets us Mr. GILMAN. Mr. Speaker, I thank asked to vote in a recorded vote in a the opportunities that we have here in the gentleman for yielding me this few minutes. I would hope that my col- this country. Yes, America’s foreign time. Mr. Speaker, I want to commend leagues will give a unanimous positive policy and domestic policy are not per- the gentleman from Nebraska (Mr. BE- vote for this resolution. This is a reso- fect, but it certainly does not mean REUTER), the distinguished chairman of lution where we may indeed have an that we cannot stand up and demand the Subcommittee on Asia and the Pa- impact on Cambodia and on the inter- and require our allies and friends to cific, for introducing this resolution national community. recognize the importance and value of that calls for free and fair elections in Mr. Speaker, I reserve the balance of human rights. Cambodia and for keeping this issue in my time. With that, Mr. Speaker, I would ask the forefront of the work of this House Mr. DAVIS of Florida. Mr. Speaker, I certainly for continued support and and before the public. would like to thank the gentleman passage of H. Res. 373 and support for The people of Cambodia who ex- from Nebraska for his keen sense of H. Res. 361. pressed their overwhelming commit- timing. Ms. JACKSON-LEE of Texas. Mr. Speaker, ment to the democratic process in the Mr. Speaker, I yield 3 minutes to the I want to take a moment this afternoon to join U.N.-sponsored elections in 1993 deserve distinguished gentlewoman from Texas in support of H. Res. 373 and recognize the the unflagging support of the American (Ms. JACKSON LEE). remarkable efforts of the government of Bot- people, of this body and our govern- Ms. JACKSON LEE of Texas. Mr. swana in stabilizing the practice of democracy ment and the entire international com- Speaker, this should be a very busy not only in their own country, but throughout munity. But as we well know, democ- time for this House. Many of us should all of the Southern part of the African con- racy is in dire danger in Cambodia. The come to the floor in support of these tinent. Since its independence from British rule illegitimate government of Hun Sen resolutions. I thank the gentleman in 1966, Botswana has been nothing less than continues to oppress and impose its po- from Nebraska (Mr. BEREUTER). I know a powerful reminder to all of us about the un- litical will on the people of Cambodia that we spent some time together at tapped potential of having a politically liber- and threatens the legitimacy of a the European Union on these issues. I ated Africa. So in this very brief amount of democratic process that many, both in- think certainly H. Res. 361, if I might, time that I have been allotted, I want to share side and outside Cambodia, worked so simply adds to the importance of al- with you Botswana's secret; I want to cite the hard to create. The people of Cambodia lowing for free and impartial elections, reasons why they have deservedly captured deserve much better. the rule of law and human rights. the attention of the world. With only 4 short months until the I really rise, Mr. Speaker, as a mem- First of all, Botswana has captured the proposed July national elections, H. ber of the Human Rights Caucus, and world's attention by creating a multi-party de- Res. 361 is an extremely timely resolu- therefore these issues are very, very mocracy that without exception is an outstand- tion. It is critical that our body con- near and dear to our effort and the ing parallel to our own. From the election of tinue to bring to the attention of the message that I believe is very impor- their first President, Seretse Khama in 1966, American people and to the world the tant as a part of this Nation’s foreign who brilliantly served the people of Botswana plight of Cambodia and those strug- policy. For too many we have been until his passing in 1980, to the re-election of gling for democracy there. We must chastised for trying to be the police of their current President, Ketumile Masire, in also call upon others such as ASEAN the world. I would rather think of us as 1994, Botswana has established an unblem- and the European Union to do the right the conscience of the world. Certainly ished record of conducting extremely fair politi- thing and to support a genuine demo- it is important with so many Cam- cal contests. No ethnic, racial or religious mi- cratic process in Cambodia by way of a bodians here in the United States that norities are excluded from participation in the free, fair and fully representative elec- we recognize the importance of free electoral process. No one political party or af- tion. These elections must be fully rep- elections and human rights. filiation stronghandedly dominates the political resentative of the Cambodian people I believe that human rights allows a landscape of the country. In essence, the rule and we should accept nothing less. nation to stand on its feet. Human is simply that all of the citizens of Botswana Although I believe my views on the rights engenders economic opportunity after the age of 21 are given the opportunity subject are well known, I want to reit- and advancement. Human rights pro- to exercise the franchise, freely. erate my strong support for the demo- vides for opportunities to educate all of But most importantly, Botswana has cap- cratic forces in Cambodia and for the your people. Human rights gives the tured our attention, because the will of its peo- good people of Cambodia who have suf- free marketplace an opportunity to ple is sovereign. The Constitution of Botswana fered so much and deserve so much bet- work. And so H. Res. 361 is more than establishes a system of government similar to ter. While all of us are disappointed in policing the world, it is opening the that of our British allies across the Atlantic. the current state of affairs, we are doors of opportunity. Botswana has a parliamentary legislature with H1196 CONGRESSIONAL RECORD — HOUSE March 17, 1998 a traditional separation of powers that is and agree to the concurrent resolution the gentleman from New York (Mr. equally divided by checks and balances (H. Con. Res. 152) expressing the sense WALSH); the gentleman from Massachu- amongst three independent branches of gov- of the Congress that all parties to the setts (Mr. KENNEDY); the gentleman ernment: the executive, the legislative and the multiparty peace talks regarding from New York (Mr. MCHUGH); the gen- judicial. This is a system of government that is Northern Ireland should condemn vio- tleman from New Jersey (Mr. PAYNE); not much different than the one envisioned by lence and fully integrate internation- the gentleman from Connecticut (Mr. Baron de Montesquieu, in his magnus opus, ally recognized human rights standards SHAYS); the gentleman from New York The Spirit of the Laws, over two centuries ago. and adequately address outstanding (Mr. HINCHEY); the gentleman from It is a perfect and fair model of the ideal civil human rights violations as part of the New Jersey (Mr. ANDREWS); and the libertarian state. But despite all of these shin- peace process, as amended. gentlewoman from Connecticut (Mrs. ing political achievements, we all know that a The Clerk read as follows: KENNELLY) to name just some of the nation's political structure is only one part, al- H. CON. RES. 152 cosponsors of this H. Con. Res. 1252. beit extremely necessary part, of a nation's Whereas multiparty talks regarding North- Mr. Speaker, we are expressing a success. ern Ireland attended by representatives of sense of the Congress that all parties The fact of the matter is that a nation's fu- the British and Irish Governments and rep- to the multiparty peace talks regard- ture is as much premised upon its economic resentatives elected from political parties in ing Northern Ireland should condemn stability as it is on its political stability. And Northern Ireland are underway for the first violence and fully integrate inter- Botswana, in this arena as well, has done time since the partition of Ireland in 1922 nationally recognized human rights nothing but distinguish itself. All of the relevant creating a momentous opportunity for standards and address the outstanding progress on human rights concerns; statistics about recent financial growth in Afri- human rights violations as part of the ca indicate that Botswana's economy has Whereas human rights violations and the lack of accountability by those responsible peace process. been on an upward climb for over two dec- Mr. Speaker, I think it is important ades now. This kind of responsible fiscal man- for such violations have been persistent fea- tures of the conflict in Northern Ireland; and to note that Amnesty International, agement is the reason why ground-breaking Whereas more than 3,000 people have died Human Rights Watch, the British Irish bills like the African Growth and Opportunity and thousands more have been injured as a Watch, the Committee on the Adminis- Act are being considered and passed in this result of the political violence in Northern tration of Justice, Lawyers Committee House. Because today is truly a new age, my Ireland since 1969: Now, therefore, be it for Human Rights, and many, many friends. This is an age where the human rights Resolved by the House of Representatives (the others have urged that this House pass grievances and political instabilities of Africa's Senate concurring), That— (1) the Congress condemns the violence this resolution. past are quickly slipping away. This is a time As a matter of fact, just to read some that will be remembered by future generations committed on all sides of the conflict in of their statements, Human Rights as the period when Africa began to move rap- Northern Ireland as illegal, unjust, and inhu- mane; Watch said, ‘‘Human Rights Watch idly into the economy of the post-industrialized (2) the Congress commends the leadership fully supports the resolution now being information age, as both our mutually bene- in both the British and Irish Governments considered for passage by the Congress ficial partner and our friendly competitor. So I and former United States Senator George stand here proudly today to salute the nation regarding human rights in the North- Mitchell, Independent Chairman of the ern Ireland peace process. The resolu- of Botswana, to salute our many friends on multiparty talks, for fostering a new envi- the continent of Africa, and finally, to salute ronment in which human rights concerns tion rightly recognizes the gravity of the prosperous future that I am sure we will may be addressed and an agreement may be past violations and the role that such have together. reached expeditiously through inclusive abuses have played in perpetuating the Mr. DAVIS of Florida. Mr. Speaker, I talks with respect to Northern Ireland; and conflict. The resolution is a signal that have no further requests for time, and (3) it is the sense of the Congress that— Congress is eager to prevent the same I yield back the balance of my time. (A) all parties should reject violence and kind of lack of attention to human Mr. BEREUTER. Mr. Speaker, I yield work diligently through democratic, peace- rights issues which has doomed other ful means to reach a just and lasting peace peace processes and may threaten the myself such time as I may consume. I in Northern Ireland; want to thank the gentleman from (B) human rights should be protected for success of the Northern Ireland peace Florida (Mr. DAVIS) and the gentle- all citizens and any peace agreement in process if action is not taken now.’’ woman from Texas (Ms. JACKSON-LEE) Northern Ireland must recognize the state’s Mr. Speaker, the Committee on the for their comments regarding Cam- obligation to protect human rights in all cir- Administration of Justice and I re- bodia. The gentlewoman from Texas cumstances; and cently traveled to the north of Ireland, also made very commendable com- (C) there are a number of measures which met with all of the parties, like other ments on Botswana. can be taken immediately that would rem- Members of this House have and other Mr. Speaker, I urge unanimous sup- edy abusive human rights policies and build Members of the Senate, but I found confidence in the peace process, such as act- port and a recorded vote for the Cam- that the Committee on the Administra- bodia resolution to do what we can to ing upon the Standing Advisory Commission on Human Rights (SACHR) report and rec- tion of Justice tries to evenhandedly ensure free and fair and credible elec- ommendations put forth by other human promote human rights. Whether they tions in Cambodia. rights organizations. be Protestant or Catholic, a person’s Mr. Speaker, I yield back the balance value and dignity must be respected. of my time. b 1615 Well, of the committee, Martin The SPEAKER pro tempore (Mr. The SPEAKER pro tempore (Mr. O’Brien stated, and I quote, ‘‘Any ef- BARRETT of Nebraska). The question is BARRETT of Nebraska). Pursuant to the fort by Congress to raise these issues is on the motion offered by the gen- rule, the gentleman from New Jersey particularly welcomed and deserves tleman from Nebraska (Mr. BEREUTER) (Mr. SMITH) and the gentleman from widespread support. In that regard, the that the House suspend the rules and Florida (Mr. DAVIS) each will control 20 initiative is to be supported, and it agree to the resolution, House Resolu- minutes. would be helpful if the concerns of the tion 361, as amended. The Chair recognizes the gentleman Congress on human rights be raised The question was taken. Mr. BEREUTER. Mr. Speaker, on from New Jersey (Mr. SMITH). with the British and the Irish Govern- that I demand the yeas and nays. Mr. SMITH of New Jersey. Mr. ments,’’ and it goes on, and I would put The yeas and nays were ordered. Speaker, I yield myself such time as I the full statement into the RECORD at The SPEAKER pro tempore. Pursu- may consume. the appropriate time. ant to clause 5 of rule I and the Chair’s First of all, this resolution is a bipar- Mr. Speaker, there is a great oppor- prior announcement, further proceed- tisan resolution. I am very pleased and tunity, a window of opportunity right ings on this motion will be postponed. honored to have the gentleman from now, especially on St. Patrick’s Day, f New York (Mr. GILMAN), the chairman but in the coming weeks as part of of the Committee on International Re- these multiparty talks to come to a EXPRESSING SENSE OF CONGRESS lations, as one of the principal cospon- conclusion. We need to express in a bi- REGARDING NORTHERN IRELAND sors of this bill; also, the gentleman partisan way, Democrats, Republicans, Mr. SMITH of New Jersey. Mr. from New York (Mr. KING); the gen- moderates, liberals and conservatives, Speaker, I move to suspend the rules tleman from New York (Mr. MANTON); that we are foursquare, fully behind March 17, 1998 CONGRESSIONAL RECORD — HOUSE H1197 this effort to bring peace to the north my alma mater at Seton Hall, at the major link between manufacturers and of Ireland where some 3,000 people have university where thousands came to their markets. There was a cholera epi- been killed by paramilitaries on both hear his talk. It was sponsored by the demic which killed many of these men sides, as well as by agents of the Brit- School of Diplomacy at Seton Hall, and who were just buried on the side of the ish Government. he went on to discuss what must be canal. It is time to say no to violence; that done. The canal opened in 1834 and quickly no matter what dips may be in the road It will be 2 years this July since I vis- became one of the country’s busiest ahead, that violence is not a solution. ited the north of Ireland and had the navigation canals. New Jersey Gov- Knee-capping and terrorism is not a opportunity to see for myself the vio- ernor Peter Vroom made the inaugural means to an end, no matter how justi- lence and the killing associated with voyage at that time from Trenton to fied one may think they are. Whether the Orange Order marchers in the vil- New Brunswick where crowds cheered it be the IRA on the Catholic side or lage of Drumcree. I had the oppor- at every bridge and lock. perhaps on the Protestant side, some of tunity to stay in Belfast for several The Hibernian raised $1,000 for the the terrorist groups, all of those acts of days and visited many towns, including headstone to honor the men. Without violence are to be condemned, and we Derry. Unfortunately, the situation much fanfare, they dedicated it just be- ought to be promoting peace, and that today looks like a repeat of the past. fore St. Patrick’s Day 3 years ago. We is, indeed, what we are doing. Thank- Before July, the north of Ireland will are looking forward to seeing this fully, the United States is playing a host seven parades. While I think that monument built in the State of New very real and significant role. having constructive dialogue concern- Jersey. Let me conclude by saying, as Former Senator Mitchell is the ing the composition and makeup or Dr. King said, that ‘‘injustice anywhere chairman of these multiparty talks and whether the members are independent . . . justice everywhere.’’ has done an exemplary job in bringing and impartial of the Parade Commis- Gerry Adams was born on October 6, 1948 the disparate factions together to try sion is good, it is just not enough. The in the working class areas of West Belfast. to come to a peaceful resolution. dismissal and rejection of John Larkin Upon finishing school in the 1960's Gerry Again, this window of opportunity is leads me to believe that this body is a supported himself as a bartender while be- right now before them. The discussions unionist commission for the unionist coming increasingly involved in the civil rights begin in earnest again on March 23, and people. How can an apprentice boy, an movement. Modeled on the civil rights move- we expect, hopefully before Easter, ex-UDA member, an ex-member of the ment in the U.S., the Irish effort was founded that there will be a framework, there Policy Authority, be independent and to fight discrimination against northern Catho- lics by the British government in the areas of will be a final document produced; fair? The celebration and victory of housing, employment, education and lan- maybe that is a bit premature, but William of Orange, in which Irish land guage. The brutal reaction of the Unionist gov- that is part of the expectation, and was seized and confiscated, is an insult ernment in the six countries resulted in the ul- that a referendum could be held some- to Catholics everywhere, and today for timate breach of civil rightsÐmurder by the time in the latter part of May, perhaps the parades to go on makes no sense. government of peaceful protesters at what has in June, to begin or to further this Sadly, this parade glorifies a part of become know as Bloody Sunday. Lets never process. history and is provocative in nature. forget Bloody Sunday, January 30, 1972, a I found on that trip, and I have also That is why I, along with Members of the Irish Caucus, have written Mo day that will live on in infamy. had two lengthy human rights hearings Mr. SMITH of New Jersey. Mr. in my subcommittee in which we heard Mowlam urging the British Govern- Speaker, I yield such time as he may from all parties, that the time for ment to prohibit any marches by any consume to the distinguished gen- group through any neighborhood in the peace is at hand, and I think by going tleman from New York (Mr. GILMAN). on the record today, we send a clear, north of Ireland, especially during the (Mr. GILMAN asked and was given unmistakable message that we, too, marching season. permission to revise and extend his re- are watching and hoping and praying When I was there, one could hear marks.) that peace will come to the north of gunfire and shooting throughout the Mr. GILMAN. Mr. Speaker I thank Ireland and that human rights will be city. Police statistics estimated that the gentleman for yielding me this at its core. It cannot be an ancillary there were 1,600 rounds of plastic bul- time. issue; it cannot be a P.S., a postscript lets shot during the troubles. The plas- Mr. Speaker, I am pleased to support at the end of the statement. They need tic bullets severely maim and injure this human rights resolution on North- to be integral in this peace agreement, their victims. They are 31⁄2 inches long ern Ireland, H. Con. Res. 152. The dis- and all parties, I think, need to recog- and about 11⁄2 inches thick. These are tinguished Chairman of our sub- nize the value and the dignity of each supposed to be used for crowd control, committee on human rights and inter- and every human life, and that is what but they can kill, they can maim, they national operations, the gentleman I think will lead to justice, and justice can injure, and young children have from New Jersey (Mr. SMITH) has done to a sustainable peace. been hit with these and have found it an outstanding job in crafting this res- So I would hope that everyone could to be fatal. My experience there moved olution. It is highly appropriate that get behind H. Con. Res. 152 and we me to introduce H.R. 1075, to ban the we consider this resolution today, St. could make a unanimous statement use of plastic bullets in the north of Patrick’s Day. here on the floor today that we are for Ireland. The Committee on International Re- this peace process. As we celebrate St. Patrick’s Day, let lations has held extensive hearings on Mr. Speaker, I reserve the balance of us not forget the hard-working Irish human rights and on fair employment my time. immigrants that built the Delaware in the north of Ireland during 104th, Mr. DAVIS of Florida. Mr. Speaker, I and Raritan Canal located in my State and in this current Congress. This reso- yield 4 minutes to the gentleman from of New Jersey. State Senator Dick lution before us embodies many of the New Jersey (Mr. PAYNE). Codey has introduced a resolution ask- key findings and recommendations (Mr. PAYNE asked and was given per- ing the State to appropriate $50,000 to from those extensive hearings. We took mission to revise and extend his re- help build the monument to these firsthand testimony from many from marks.) great workers. Today, the canal sup- Northern Ireland on the underlying Mr. PAYNE. Mr. Speaker, I rise in plies water to 1.2 million residents in causes and the troubles there. The need support of ending the sad state pres- central New Jersey. Although best for respect for human rights is an es- ently in the north of Ireland. This reso- known today for its picturesque sce- sential element in finding lasting solu- lution goes to the heart of the matter, nery where joggers, bikers and fisher- tions for Northern Ireland. It is very and let me commend the sponsor and men go for recreation, little was known clear from the long and disappointing those who are supporting this great about the Irish laborers that died history of the troubles in Northern Ire- resolution. sometimes while working on the canal. land. There have been far too many I had the distinct pleasure last Many of the canal diggers, sometimes previous failed attempts at political Thursday of introducing Mr. Gerry using their bare hands, built these solutions that neglected this key Adams, the President of Sinn Fein, at channels during the 19th century as the human rights concern. H1198 CONGRESSIONAL RECORD — HOUSE March 17, 1998 The world must no longer neglect the progress, but we cannot forget the re- just the peace process, which we all need to promote fundamental respect pressive tactics used against the Irish want hostilities to end, but also to put for human rights and for economic jus- people, from the potato famine to human rights at the core, at the center tice in the north of Ireland. The need Bloody Sunday to the present day har- of those negotiations. It is timely and for fundamental reform, especially in assment and repression by the Royal needed and will help ensure that the treatment of the minority nation- Ulster Constabulary and the British human rights concerns are in no way alist community, must be a strong system on persons like Colin Duffy. overlooked when the final document is United States foreign policy priority Trust remains something to be won, produced. and goal. Helping to make human not given. Mr. Speaker, the history of the rights a centerpiece of the solutions to After years and years of intran- ‘‘Troubles’’ of Northern Ireland are the long and divisive troubles in the sigence and abuse, the Catholic minor- marked by violent crimes of par- north of Ireland will have a salutary ity is rightfully angry and suspicious. liamentary groups and at times by impact on the current search for last- The history and abuse of human rights agents of the British government. The ing peace that is now underway in Bel- in Northern Ireland is long and treach- failure of the British government to fast. erous. protect the human rights of its citi- After many years of following very From the confinement of Roisin zens, especially Catholics in the north closely and visiting on numerous occa- McAliskey during her pregnancy; the of Ireland, have helped to fuel the vio- sions the north of Ireland, I strongly inflammatory marches of the Orange lence. urge support for this long overdue Order, which we have again this year, Notwithstanding the abuses per- human rights initiative before our as Mo Mowlam visits the capital today; petrated by partisan paramilitary body. that, in fact, the British government forces or by the police, for that matter, Former Irish President Mary Robin- will understand the enormous con- we must remember that the essential son, now the U.N. High Commissioner sequences of those marches and the responsibility for protecting rights and for Human Rights, said it best not too manner in which they have taken place maintaining the rule of law belongs to long ago while visiting Capitol Hill. and the potential risks to peace that the government which, in this case, at Mrs. Robinson made a key point that they generate; the use of plastic bul- this particular time, is the British gov- the adoption of human rights guaran- lets; the baseless harassment and im- ernment. tees a very important part of a sustain- prisonment of persons sympathetic to When governments resort to methods able peace in Northern Ireland. Father the Republican cause; and the count- that are illegal, unjust or inhumane, Sean McManus of the Irish national less violations of human rights stem- even when these methods are seem- caucus also helped to make clear what ming from Britain’s emergency legisla- ingly directed against the guilty or the is needed and why in stating, ‘‘It is a tion which governs the 6 northeast dangerous, the effect is not to preserve violation of human rights that has counties in Ireland. The populace of law and order, but to seriously under- been the fundamental cause of the Northern Ireland has suffered myriad mine it. It is particularly saddening troubles in Northern Ireland,.’’ Father abuses of its civil and human rights. that the British government, Ameri- Sean should know, for he is a native of The resolution of these long out- ca’s trusted ally, is the object of seri- Northern Ireland. standing issues is necessary to begin ous and credible charges of disrespect Accordingly, I urge adoption of this the process of reconciliation. for the rule of law in the north of Ire- resolution by all of those concerned I intend to introduce a separate reso- land. about peacefully securing lasting solu- lution which endorses the CEARTA, a All of the major human rights orga- tions and justice in Northern Ireland. document drafted in Northern Ireland nizations, from Amnesty International Mr. DAVIS of Florida. Mr. Speaker, I and endorsed by many Irish groups in to the Lawyers Committee for Human yield 4 minutes to the distinguished the United States. It builds on the idea Rights and Human Rights Watch, have gentleman from New Jersey (Mr. that there exists a historic opportunity been particularly critical of pervasive MENENDEZ). to build peace in Ireland and recognizes restrictions on the due process of law (Mr. MENENDEZ asked and was that the people living in the north are in Northern Ireland; and they have tes- given permission to revise and extend entitled to the same basic rights as tified that law enforcement officials of his remarks.) those residing elsewhere in Ireland. the UK, members of the Royal Ulster Mr. MENENDEZ. Mr. Speaker, I It further calls for an end to the Constabulary, tolerate and even per- thank the gentleman for yielding me emergency legislation, reform of the petrate some of the gross abuses that this time. legal system, the creation of unarmed have taken place in the north of Ire- Mr. Speaker, today is St. Patrick’s and accountable police services, the land. Day, a day when we celebrate the great end to all forms of discrimination, Under so-called emergency legisla- tenacity and spirit of the Irish. The equality for the Irish language and cul- tion applicable only in Northern Ire- color green reminds us of the mystical ture, and the release of all political land, police have expansive powers to island, rolling hills and people which prisoners. arrest and detain suspects and to captivated St. Patrick. I look forward At this time in the marching season, search premises without a warrant. In to the day when the Irish people, we hope that the British government addition, the government can suspend Catholic and Protestant alike, can will have heard the many voices here the right to trial by jury, the much- revel in the great treasure that is Ire- in the Congress and abroad about the maligned Diploic Courts Systems, and land without regard to their religious consequences. We hope they change the universally recognized right to be or political affinities. that course of events. preserved from self-incrimination in There is reason to be hopeful. The I want to commend my colleague, the like manner has been abridged. peace process in Ireland, despite recent gentleman from New Jersey (Mr. It seems to me that the power to ar- setbacks, is moving forward, and the SMITH), for introducing this timely res- bitrarily arrest, detain, intimidate, the labor government has adopted a more olution. I urge its adoption. power to deny timely and appropriate open posture on dialogue with Sinn Mr. SMITH of New Jersey. Mr. legal counsel, and the power to compel Fein and has expressed a willingness to Speaker, I yield myself such time as I self-incrimination is an abuse of power reopen the investigation into the may consume. normally associated with some of our events of bloody Sunday. Mr. Speaker, first of all, let me adversaries, not our allies. thank my friend, the gentleman from Thus, the resolution is a wake-up call b 1630 New Jersey (Mr. MENENDEZ), for his to our friends. Friends do not let These are positive developments. kind remarks. We are in solidarity on friends abuse human rights. However, they cannot and do not miti- this. I think this is again one of those Witness after witness, Mr. Speaker, gate the Congress’s concern about the issues that unites this Chamber. who came into our two hearings ex- pattern of human rights abuses against Let me just close by noting that pressed a fear that as the political the Catholic population in Northern House Concurrent Resolution 152 puts issues are addressed, universal human Ireland. History should not inhibit Congress on record as supporting not rights such as the right to silence, the March 17, 1998 CONGRESSIONAL RECORD — HOUSE H1199 right to jury trial, the right to attor- Mr. Speaker, I want to associate my- Also, we have an issue here in the neys, the right to work free of dis- self with the remarks of my good friend United States. There were many, many crimination will be neglected. and the chairman of the subcommittee, Irish deportees that do not want to go House Concurrent Resolution 152 puts the gentleman from New Jersey (Mr. back to the north of Ireland because on notice those who are negotiating SMITH), who has been a tireless fighter they fear for their lives. We were able and says, in a very friendly way but in for human rights all over the world; to get a stay on that. We want the Jus- a very firm way, that the U.S. Congress certainly in Ireland, but all over the tice Department to make this stay per- believes that there must be reform on world as well. manent. It affects at least two of my human rights issues if genuine peace is I rise in support of House Concurrent constituents, and I have circulated let- to be achieved. It also points out that Resolution 152. I think it is very fitting ters and have 30 co-signers of the letter there are many human rights reforms that we have this resolution today on calling on the Justice Department not that could be enacted today without St. Patrick’s Day. to send these deportees back. waiting for a final peace negotiation. I have been to Ireland and the north As you say, Mr. Speaker, I think Among the immediate changes are of Ireland a number of times. I have House Concurrent Resolution 152 is the those proposed by Britain’s own stand- struggled, along with the people there right resolution at the right time. We ing advisory committee or commission, and many of us in Congress for many all pray for peace in the north of Ire- I should say, on human rights, SACHR, years, to try to bring peace and justice land. We pray for peace and justice. to eliminate religious discrimination to the beleaguered people in the north Mr. SMITH of New Jersey. Mr. against Catholics in the workplace. of Ireland. Speaker, I yield such time as he may Other reforms suggested by human I think anyone who has visited some consume to the gentleman from New rights groups, such as repealing the of the areas in Northern Ireland, par- York (Mr. GILMAN). emergency legislation, conducting ticularly some of the Catholic neigh- (Mr. GILMAN asked and was given independent inquiries into the deaths borhoods, really gets a feeling of a peo- permission to revise and extend his re- of Pat Finucane, Robert Hamill and ple under occupation in Belfast and in marks.) other human rights abuses, and ban- Derry and some of the other places. Mr. GILMAN. Mr. Speaker, I would ning plastic bullets, are all doable. If But we can say, Mr. Speaker, that like to address a question to the chair- enacted immediately, these changes there is some hope. We can say that man of our Subcommittee on Inter- national Operations and Human could help pave the way for further rec- the atmosphere has improved, so that Rights, the gentleman from New Jer- onciliation, further confidence-building we hope that there will be an agree- sey (Mr. SMITH). and, hopefully, for a lasting and sus- ment between the parties in the talks tainable peace. I would ask the gentleman, would he led by Senator Mitchell. agree with what Father Sean McManus Mr. Speaker, House Concurrent Reso- I think there are a number of reasons stated in a recent letter dated March lution 152 has been reviewed and has why there is improvement. I think the 17, today, as a matter of fact, on the been endorsed by all of the major British government, the current Brit- cause of some of the problems, the human rights organizations. It does ish government under Prime Minister put us on record as standing four- troubles in Ireland? Blair, has gone a great deal of the way He said, and I am quoting from his square. in stepping forward, making progress. I Let me just say one final point, Mr. letter, ‘‘Inequality is at the heart of think that helps create a better atmos- Speaker. In the upcoming weeks we the problem in Northern Ireland, and, phere. But there is still a long, long hope to have an additional hearing in therefore, equality must be at the way to go. our subcommittee that would deal with heart of the solution. Passing the This resolution, of course, rejects vi- an issue of very grave concern. That is MacBride Principles into law is a per- olence, as well we should; and a peace- the issue of defense attorneys in the fect way for our Nation to show its sup- loving people on both sides have to re- north of Ireland. We have found, much port for the Irish peace process based ject violence. Violence is not the way to my shock and dismay, an ongoing on nonviolence and equality.’’ to act. But we also must understand intimidation campaign against those Would the gentleman agree with who would defend those who have been that human rights must be protected. that? accused of wrongdoing in Northern Ire- That is stated clearly in House Concur- Mr. SMITH of New Jersey. Mr. land. rent Resolution 152. Speaker, will the gentleman yield? It seems to me that defense attor- We know in the north of Ireland the Mr. GILMAN. I yield to the gen- neys are not unlike those that we stood human rights of people, particularly of tleman from New Jersey. up for time and time again during the the Catholics in the north of Ireland, Mr. SMITH of New Jersey. Mr. heydays of the Cold War, the Helsinki have not been respected. There has Speaker, I agree fully with the monitors, people who have stood up been unemployment, 70 and 80 percent MacBride Principles, which are pat- and said that due process must be pro- in some areas. There have been a lack terned after the Sullivan Principles, tected. I may not like my client, I may of human rights. As I mentioned be- which were instrumental in eliminat- not like what you say they are alleged fore, when you go into some of those ing, or very important in the process of to have done, but you are not going to areas, the bog side in Derry and some eliminating, discrimination in South intimidate the attorney that is there of the places in West Belfast, you truly Africa. They are contained, as we to defend them, because that would be feel that it is a people under occupa- know, in the State Department Con- a breach of due process and of basic tion. That is wrong. ference Report, which will be up tomor- human rights. As the gentleman from New Jersey row as part of the fund for Africa. We are going to be looking at that in said, because Britain is our ally we So I would hope Members would be the coming weeks in the subcommit- have even more of an obligation to put on notice that tomorrow, when we tee, and hopefully by then this process point out some of the shortcomings do vote on the State Department Con- will be that much further along, and and some of the things that we wish ference Report authored by Mr. HELMS, this resolution that is under consider- would change. my good friend, the gentleman from ation in Belfast will have a happy con- So the struggle for peace and justice New York (Mr. GILMAN), and myself, clusion. in Ireland will continue. It has to con- that that contains the MacBride Prin- I urge Members to support this reso- tinue with the United States’ partici- ciples, which advance the cause of reli- lution. pation. That is one of the ways that we gious freedom in the north of Ireland. Mr. Speaker, I reserve the balance of can make progress and move forward. I So I thank the gentleman for asking my time. compliment President Clinton for mak- that question. Mr. DAVIS of Florida. Mr. Speaker, I ing this a priority, and I compliment Mr. GILMAN. Mr. Speaker, I thank yield 3 minutes to the distinguished the job Senator Mitchell has done. the gentleman from New Jersey for re- gentleman from New York (Mr. ENGEL). There need to be a lot of steps taken. minding us that that important provi- Mr. ENGEL. Mr. Speaker, I thank We need to have the emergency legisla- sion is part of the measure, the State the gentleman for yielding me the tion repealed, and some of the other Department authorization measure, time. things taken. which will be on the floor tomorrow. H1200 CONGRESSIONAL RECORD — HOUSE March 17, 1998 Mr. Speaker, I include for the Mr. Speaker, I yield back the balance It ought to be a mainstream issue. RECORD the full letter from Father of my time. There is not evidence enough that it Sean McManus. b 1645 has been. The letter referred is as follows: Let me also just say, as I have done Mr. SMITH of New Jersey. Mr. IRISH NATIONAL CAUCUS, INC., in meeting with Mo Mowlam, and I Washington, DC, March 17, 1998. Speaker, I yield 2 minutes to the dis- know many of my colleagues have done Hon. BEN GILMAN, tinguished gentleman from New York this in the past, we have all raised spe- House of Representatives, (Mr. LAZIO). cific questions and issues. I raised Sean Washington, DC. Mr. LAZIO of New York. Mr. Speak- Kelly and Michael Timmons when I DEAR CHAIRMAN GILMAN: I want to thank er, I want to thank the distinguished met with her. Our hope is that these you for again enshrining, the MacBride Prin- gentleman from New Jersey (Mr. ciples in the Foreign Affairs Reform and Re- two gentlemen and others who find structuring Act. SMITH) for his work on this resolution themselves in a similar circumstance The MacBride Principles have proven to be and the gentleman from New York (Mr. or who have been incarcerated because the most effective campaign ever against GILMAN), the distinguished chairman of of the common purpose laws, were not anti-Catholic discrimination in Northern the full committee, my colleagues and convicted of committing a crime but Ireland. friends, for their work not just on be- were in proximity to a crime and there- Inequality is at the heart of the problem in half of this resolution but on behalf of fore found themselves getting life sen- Northern Ireland, and, therefore, equality the peace process in Northern Ireland. must be at the heart of the solution. Passing tences for their unfortunate proximity the MacBride Principles into law is the per- They have done remarkably good work. to a heinous act. I met with those two fect way for the U.S. to show its support for I rise today in strong support of H. individuals in the Maze prison last the Irish peace process, based on non-vio- Con. Res. 152. This is at a particularly year. I was very much impressed. The lence and equality. timely moment in the peace talks in human rights organizations with whom Chairman Gilman, Irish-Americans deeply Northern Ireland. America has strong I have had contact with believe that appreciate your dedicated and outstanding historic and cultural ties to Ireland. they are innocent and our hope is that leadership on Irish affairs. We share a communal heritage and fa- Thank you. in the spirit of reconciliation and, Sincerely, miliar backgrounds. However, with all above all, in the spirit of justice these FR. SEAN MCMANUS, of our resources we cannot solve this individuals will find their way to free- President. problem for Ireland and Britain. The dom. Mr. DAVIS of Florida. Mr. Speaker, I will of the Irish and British people is We had Sean Kelly’s father testify at yield myself such time as I may con- the one element in the peace talks that our hearing and he gave a very persua- sume. will be the determining factor. At this sive account as to what happened. Mr. Speaker, I would like to briefly pivotal moment, the fate of Northern Again, the human rights organizations point out that it seems that there is Ireland lies in the hands of those in- have looked at these cases very care- virtually unanimity, if not complete volved in the negotiations. I commend fully and have concluded that this has unanimity, on the merits of the resolu- both Bertie Ahern, the Taoiseach of been a miscarriage of justice if ever tion before us. Ireland, British Prime Minister Tony there was one. So our plea to the gov- It is very pleasing that we can share Blair, along with Mo Mowlam, British ernment of the United Kingdom would the fact with the public today that the Secretary for Northern Ireland, John be to let these individuals out. It is a historic and very delicate and complex Hume, David Trimble and Gerry Adams positive step towards reconciliation, all-party talks are progressing in Bel- for their commitment to working to- but above all it would be a step in the fast. These talks will resume next ward a peaceful resolution. I encourage right direction towards peace. week, with the participation of both them to seize this historic opportunity Mrs. KENNELLY of Connecticut. Mr. Speak- Sinn Fein, the major Protestant to end the violence in Northern Ireland er, I rise today to express my strong support Unionist Party, and the Ulster Union- and to put in place a new framework for House Concurrent Resolution 152 which ists. that encourages this end. moves the issue of human rights to the fore- I also think it is important to point I will say that just in speaking to the front of the peace talks in Northern Ireland. out that there was a better way to have parties today, being in America, they We are at a crossroads in the history of North- handled this resolution today. It is ap- seem like they have moved closer to- ern Ireland and have a unique opportunity to propriate and symbolic to have brought gether. There is better dialogue than finally secure lasting peace in an area that has it up on St. Patrick’s day; but, unfortu- ever before. Cultivating that peace too often endured violence. nately, this side of the aisle had only a process, that dialogue, that positive Since 1969, the political violence in North- few hours’ prior notice that this resolu- communication is something that we ern Ireland has claimed more than 3,000 lives tion was even coming up, which de- had been uniquely suitable to do. and resulted in injuries to thousands more. prived us of the opportunity to confirm The history of Northern Ireland is This must finally end and all parties must work that the administration had been con- marked by the events of Bloody Sun- together in a democratic, peaceful manner, to sulted on this. day, the hunger strikes and many ensure that human rights will be respected for The focus here today has been on how other tragedies. On this St. Patrick’s all the people of Northern Ireland. well-executed the plan has been in the Day let us renew our commitment to I am encouraged by the leadership of the all-party talks, and depriving us of the the negotiations and encourage the Irish and British Governments and the efforts opportunity to work with the adminis- Irish and British governments to re- of former United States Senator George Mitch- tration to ensure that that execution solve their differences and come to a ell, who have fostered the opportunity for an continues is an unnecessary risk. realistic framework for peace. I under- end to the violence and brought hope for a Mr. Speaker, when we violate our stand that when the negotiators return lasting peace in Northern Ireland. own rules, when we circumvent our to the table, they will be faced with the I urge my colleagues to support this impor- own process, we make some of our Easter deadline. This is indeed a criti- tant resolution, and to support an end to the greatest errors. This version of this bill cal moment, but it is also exciting and violence and human rights abuses in Northern was heard in the Committee on Inter- hopeful and perhaps the very best Ireland. national Relations, wherein lies the ex- chance for peace in decades. Mr. MANTON. Mr. Speaker, I rise today in pertise of this body on foreign relation Mr. SMITH of New Jersey. Mr. strong support of H. Con. Res. 152 and thank matters, which has been so clearly Speaker, I yield myself the balance of my colleague CHRIS SMITH for introducing this demonstrated today by comments on my time. important and timely legislation to address both sides of the aisle. Just to conclude, Mr. Speaker, I urge human rights in the Northern Ireland peace So I think it is just important to every Member to vote for this resolu- process. point out that in the future, when we tion. Again it puts us on record sup- As a Co-Chair of the Congressional Ad Hoc take up significant matters like this, porting not only the peace process, but Committee on Irish Affairs, I have worked we really should honor our own process the all important inclusiveness of the closely with my colleagues to ensure a just to assure that we produce our very best human rights dimension. We do not and lasting peace in Northern Ireland. Nearly work. want it to be a sub or a sidebar issue. 3,000 people have lost their lives through the March 17, 1998 CONGRESSIONAL RECORD — HOUSE H1201 political strife that has plagued this community rent resolution (H. Con. Res. 235) call- ties continue to use unlawful violence for over 25 years. Today, however, there is ing for an end to the violent repression against the Albanian people of Kosova; hope. With the leadership of former Senator of the legitimate rights of the people of (5) the United States should acknowledge George Mitchell, substantive talks between the Kosova, as amended. recent developments in the Republic of Mon- The Clerk read as follows: tenegro that indicate that the new leader- British and the Irish governments, along with ship of the Republic is seeking a peaceful those representing various political parties, H. CON. RES. 235 resolution to the repression in Kosova, par- have made landmark progress. Whereas the Albanian people of Kosova ticularly the statement by Montenegrin I believe H. Con. Res. 152 sends a clear constitute more than 90 percent of the total President Milo Djukanovic that Kosova must and strong message to all parties involved in population of Kosova; receive a certain degree of autonomy, and these talks that they must address the central Whereas the political rights of the Alba- his call for a dialog between the Government issue to the troubles in Northern IrelandÐthe nian people of Kosova were curtailed when of Serbia and Montenegro and ethnic Alba- the Government of Yugoslavia illegally nians in Kosova; denial of basic human rights. We, as Members amended the Constitution of Yugoslavia of Congress, must raise this important issue (6) the United States should, to the extent without the consent of the people of Kosova practicable, recognize positive actions by the and continue to demonstrate our support to on March 23, 1989, revoking the autonomous Government of the Republic of Montenegro finding an end to the violence in Northern Ire- status of Kosova; with regard to repression in Kosova through land. Whereas in 1990, the Parliament and Gov- exclusion from those sanctions that may be In order to develop a lasting peace in this ernment of Kosova were abolished by further applied to the Government of Serbia; region, many of the blatant human rights unlawful amendments to the Constitution of (7) the elections in Kosova originally abuses must come to a stop. The abuses of Yugoslavia; scheduled for March 22, 1998, and now post- diplock courts, mistreatment of detainees in Whereas the Mission of Long Duration to poned, should be allowed to proceed Kosova, the Sandzak and Vojvodina, which Northern Ireland, threats against business unimpeded by Belgrade whenever they take the Organization for Security and Coopera- place, as they represent the opportunity for owners, and harassment by the police against tion in Europe (OSCE) deployed in 1992, eased citizens can simply no longer be accepted or a peaceful expression of the political will of local tensions through objective human the Albanian people of Kosova; allowed to continue. This legislation addresses rights monitoring and facilitating dialogue (8) all parties should refrain from acts that these and other human rights abuses and between authorities and the various commu- could lead to heightened tensions in Kosova; strongly suggests that parties from both sides nities before the authorities of Serbia-Mon- (9) international and nongovernmental or- tenegro expelled the Mission in 1993; of the conflict to embrace and practice inter- ganizations that provide medical assistance Whereas the State Department’s 1997 Coun- should be permitted immediate and unre- national human rights standards. try Report on Human Rights in Serbia notes stricted access to Kosova and all of its citi- Although the MacBride Principle have had a violations of civil liberties in Kosova par- zens; positive impact on the economic and labor cli- ticularly in the following categories: politi- (10) international investigators of serious mate in Northern Ireland, Catholic males are cal and other extra-judicial killing; torture breaches of international humanitarian law still twice as likely as Protestant males to be and other cruel inhuman or degrading treat- should be granted immediate and unimpeded ment or punishment; arbitrary arrest, deten- unemployed. H. Con. Res. 152 encourages access to all parts of Kosova and to its citi- tion or exile; denial of fair public trial; and leaders in the peace talks to ensure that zens; Catholics have the means necessary to re- arbitrary interference with privacy, family, home, or correspondence; (11) the agreement on education in Kosova ceive the training essential to obtaining a job. Whereas on the night of February 28, 1998, should be implemented immediately, includ- I commend the new leadership in Britain Serbian paramilitary policy units, reported ing at the university level, allowing all resi- and in Ireland for their efforts on this issue. I to number in excess of 25,000 men, swept dents of Kosova regardless of ethnicity to re- believe the movement towards peace will be through the Drenica region of Kosova killing ceive education in their native tongue; much swifter as these two governments ad- more than 20 Albanian citizens, many of who (12) the elected leaders of Kosova should dress the need to reach an agreement on died from being beaten to death; begin a dialog without preconditions with the authorities in Belgrade to resolve the human rights. In addition, I know their leader- Whereas on March 2, 1998, 30,000 demonstra- tors peacefully marched in Pristina to pro- present situation, and to provide for the ex- ship, along with that of former Senator George ercise of the legitimate civil and political Mitchell, will foster progress and bring political, test the massacre of February 28 and were brutally attacked by Serbian police; rights of all the people of Kosova; social and economic stability to Northern Ire- Whereas a group calling itself the Libera- (13) inasmuch as the Belgrade regime led land. tion Army of Kosova has threatened to re- by the last Communist dictator in Europe, Mr. Speaker, thank you for allowing this im- taliate against the atrocities committed by Slobodan Milosevic, continues to abuse portant human rights measure to come to the Serbian authorities; democratic norms and the rights of all its floor. I also want to again congratulate my Whereas new elections in Kosova scheduled citizens, threatening general regional stabil- ity, the United States should undertake de- friend and colleague, CHRIS SMITH, for his for March 22, 1998, have now been postponed; termined measures and provisions designed leadership on this issue. and Whereas the President of the United States to promote human rights and democratic Mr. SMITH of New Jersey. Mr. government throughout Serbia and Montene- Speaker, I yield back the balance of and other officials have warned the Govern- ment of Serbia that there would be serious gro; my time. (14) the authorities of Serbia-Montenegro The SPEAKER pro tempore (Mr. consequences if Serbian policies led to an es- calation of violence in Kosova: Now, there- should cooperate fully with efforts and ini- BARRETT of Nebraska). The question is fore, be it tiatives of the Organization for Security and on the motion offered by the gen- Resolved by the House of Representatives Cooperation in Europe (OSCE) to address the tleman from New Jersey (Mr. SMITH) (the Senate concurring), That it is the sense of problems in Kosova, including the imme- that the House suspend the rules and the Congress that— diate and unconditional return of a Mission agree to the concurrent resolution, H. (1) the violent repression carried out by of Long Duration; (15) staff of the United States Information Con. Res. 152, as amended. the Serbian police and paramilitary forces against the ethnic Albanian population of Agency office in Pristina, Kosova, should be The question was taken. augmented; and Mr. SMITH of New Jersey. Mr. Kosova should be condemned by the United States and the international community; (16) the United Nations Security Council Speaker, on that I demand the yeas (2) efforts of the international Contact should consider the question of restoration and nays. Group (the United States, United Kingdom, of the human and political rights of the peo- The yeas and nays were ordered. France, Germany, Russia, and Italy) in sup- ple of Kosova and actions to halt Belgrade’s The SPEAKER pro tempore. Pursu- port of a resolution of the conflict in Kosova violent repression of the region’s population. ant to clause 5 of rule I, the Chair an- are to be commended and intensified; The SPEAKER pro tempore. Pursu- nounces that further proceedings on (3) no international or United States sanc- ant to the rule, the gentleman from this motion will be postponed until to- tions currently in force against the Govern- New York (Mr. GILMAN) and the gen- morrow. ment of Serbia and Montenegro should be tleman from Florida (Mr. DAVIS), each f terminated at this time, unless such termi- will control 20 minutes. nation serves to support a peaceful resolu- The Chair recognizes the gentleman CALLING FOR AN END TO VIO- tion to the repression in Kosova; from New York (Mr. GILMAN). LENT REPRESSION OF LEGITI- (4) the United States should consult with its allies and other members of the United (Mr. GILMAN asked and was given MATE RIGHTS OF PEOPLE OF permission to revise and extend his re- KOSOVA Nations on reimposing those sanctions against Serbia-Montenegro that were termi- marks.) Mr. GILMAN. Mr. Speaker, I move to nated following the signing of the Dayton Mr. GILMAN. Mr. Speaker, I yield suspend rules and agree to the concur- Peace Agreement in 1995 if Serbian authori- myself such time as I may consume. H1202 CONGRESSIONAL RECORD — HOUSE March 17, 1998 Mr. Speaker, in recent weeks the able to investigate any reports of viola- I have been to Kosova a number of world has witnessed the horrifying tions of international law that would times. I intend to go again either later spectacle of violence again sweeping a fall within the purview of the Inter- this week or later sometime this year. part of the Balkans. Serbian para- national Tribunal for the former Yugo- I think it is very, very important that military police forces brutally as- slavia. the United States stand up strongly for saulted the long suffering people of the That is why this resolution calls for the rights of people for self-determina- province of Kosova, more than 90 per- immediate access for international in- tion and freedom all over the world. cent of whom are Albanian. Whole vil- vestigators as well as for organizations As chairman of the Albanian Issues lages were attacked and their inhab- that can provide medical assistance to Caucus, we have been talking, I have itants were forced to flee into the hills. those who have been wounded. Hope- been talking about Kosova for many, Entire families were massacred as Ser- fully, this resolution will assist the ef- many years and saying that a flare up bian forces fired indiscriminately into forts of our Secretary Madeline like this could make Bosnia almost their homes. Albright, Ambassador Gelbard and seem like a tea party, regrettably, When the Kosovars gathered peace- other diplomats to make clear to compared to what could happen in fully to protest these atrocities, Ser- Milosevic and to the Serbian authori- Kosova. When you have 2 million eth- bian police met them with more bru- ties that we view their actions with ab- nic Albanians, 90 percent of the popu- tality, first firing on the marchers with horrence and disgust and that we insist lation with no economic rights, with tear gas and water cannon, then beat- on the speedy and peaceful resolution no political rights, with no human ing anyone who came within reach. of the problems in Kosova. We cannot rights, you are bound to have a flare It should be noted that the terrible and will not tolerate another Bosnia in up. And for too many years Milosevic, war that destroyed the former Yugo- the Balkans. leader of Serbia, has refused to even slavia began in 1989 in Kosova, when Accordingly, I urge my colleagues to discuss these things with the Albanians dictator Slobodan Milosevic arbitrarily send an important message to Belgrade in Kosova. He summarily took away and illegally terminated the autono- by supporting H. Con. Res. 235. their autonomy back in 1998. Some peo- mous status enjoyed by Kosova under Mr. Speaker, I reserve the balance of ple are now saying let’s go back to au- the Constitution of the former Yugo- my time. tonomy. Why would the Albanians slavia. GENERAL LEAVE want to go back into a situation that The international community and Mr. DAVIS of Florida. Mr. Speaker, I failed 10 years ago, that was summarily our government in particular has re- ask unanimous consent that all Mem- stolen from them 10 years ago. In the peatedly warned Milosevic of severe bers have 5 legislative days to revise old Yugoslavia you had consequences should he be responsible and extend their remarks on House counterbalances to the Serbs. You had for further violence in Kosova, where Concurrent Resolution 235. the Croats and the Bosnians and the his government has forced ethnic Alba- The SPEAKER pro tempore. Is there Macedonians, the Slovenians, and it nians from their jobs, from their class- objection to the request of the gen- was not so dominated by the Serbs. tleman from Florida? rooms and from their communities. He Today in Serbia or Yugoslavia it is so There was no objection. has apparently decided to ignore all Mr. DAVIS of Florida. Mr. Speaker, I Serb-dominated they have not given these warnings. Using as a pretext the yield 6 minutes to the gentleman from any freedoms at all to the Albanian emergence of a group calling itself the New York (Mr. ENGEL), one of the lead- citizens. Why would the Albanians Kosova Liberation Army, or UCK as it ing cosponsors of this concurrent reso- want to go back into this situation? is known in Albania, Milosevic has lution. So we have elections scheduled for ratcheted up his policy of making the Mr. ENGEL. Mr. Speaker, I thank later on this week. It is a little bit un- lives of the majority of Kosovars a liv- the gentleman from Florida for yield- certain as to whether those elections ing hell through repression and brutal- ing me this time. will be held, but the people of Kosova ity. Mr. Speaker, I was very happy to must be allowed to express their desire It is with the deepest concern that I play a major role in writing this legis- in open and free elections. They must introduce this measure now before us, lation. I want to thank my colleague be allowed to elect their leaders and H. Con. Res. 235, calling for an end to from New York, the distinguished their parliament, which they did 6 the violent repression of the legitimate chairman of the committee, for intro- years ago, and then they were not al- rights of the Albanian people of ducing this legislation along with me. lowed to meet. So for 6 years there has Kosova. I want to thank my colleague, We have reached a very important not been any meeting of the Albanian the gentleman from New York (Mr. time in the region of Kosova. There are parliament duly elected by the people ENGEL) for joining with me in introduc- 2 million ethnic Albanians living there of Kosova. This cannot continue. This ing this measure. under Serb occupation and tyranny. We must not continue. With this resolution, Congress places saw the extent of that tyranny, as the What this resolution does is it con- on the record its concern over the chairman mentioned, a couple of weeks demns Belgrade’s brutal crackdown in worsening situation in Kosova and ago when women, children and inno- Kosova; again, the killing of innocent points to constructive measures that cent people were just wantonly killed men, women and children. It calls for could lead to an improvement. In par- by Serbian police using helicopters and the maintenance of the current sanc- ticular, the resolution urges all parties artillery. It was something that we tions against the Belgrade regime and to refrain from violence. I fully under- ought not to see in the year 1998. It consideration of restoring the interwall stand and sympathize with the growing brought us back to the beginning of of sanctions. If Milosevic does not do frustration of the Albanian citizens of Bosnia and Bosnia, of course, is when what he is being asked to do, which is Kosova who have peacefully resisted the West did not object strongly to give basic freedom to people, we the repressive Milosevic regime for enough and did not take strong meas- ought to consider slapping new sanc- more than 10 years. However, that vio- ures early enough that we saw the tions on them. This supports the elec- lence can only beget further violence tragedy in Bosnia with thousands upon tions process in Kosova and sending in Kosova. Only through dialogue be- thousands of people being killed in eth- monitors, and it is very, very impor- tween the democratic leaders of the nic cleansing and genocide. We can see tant that we have monitors. It de- Kosovars and the regime in Belgrade the same thing happening in Kosova if mands the full implementation of the can the situation be peacefully re- the world does not take a strong stand education agreement, including at the solved. now. university level. Again, Albanians can- It is in the interest of our Nation to This resolution, H. Con. Res. 235, is not teach in their language, they can- do whatever we can to encourage a be- an attempt by this Congress to take a not go to schools. It is just impossible. ginning of such a dialogue immediately strong stand because we know that if I want to commend the Albanian stu- and without any preconditions because the situation is going to be resolved in dents in Kosova. Their peaceful dem- there must also be some redress for the Kosova, it can only be resolved with onstrations have shown a tremendous victims of violence and their families. the United States taking a very, very level of maturity and must be sup- The international community must be strong stand. ported by all freedom loving people March 17, 1998 CONGRESSIONAL RECORD — HOUSE H1203 around the world. This resolution also atian and the Muslim lines that fought and calls for a dialogue between the urges the U.N. Security Council to dis- with Nazi Germany. Serbian Government and the leaders of cuss Kosova, as well they should. This I feel that in most cases during the the ethnic Albanians in Kosovo to end is a very, very important international conflict in the former Yugoslavia that violence by all parties. incident and Kosova ought to be dis- the Serbs have been pointed out, So I, too, join my colleagues in ask- cussed by the Security Council. It calls maimed and not given equal treatment. ing for an ‘‘aye’’ vote on this bill, but for the return of the OSCE monitors, I do not want special recognition, but I I would also ask that we might, as soon which were thrown away by Milosevic, ask for a more evenhanded look at the as possible, consider sending humani- who will not allow international mon- Serbians in this conflict. tarian aid in to these people, because I itoring. We need international mon- I do not think there will be peace in know now that there are other rel- itoring on the ground if we are to pre- the Middle East in my lifetime, nor do atives of my own constituents in the vent a tragedy in Kosova. It encour- I think there will be peace in the Ninth District of Texas who are holed ages the expansion of the USIA office. former Yugoslavia in my lifetime, but up in houses, fearful of being able to go I was proud to go there 2 years ago, to most certainly until we get rid of out even in search for the medical at- Pristina, the capital, and cut the rib- Milosevic, until we get rid of tention that they need to treat the bon for the United States information Izetbegovic, until we get rid of wounds that they presently have. They office. We ought to expand that office Tudjman, to me, this is the main prob- are able to get out or get messages out to show that we as a Nation are en- lem. We need new leadership, we need so that other relatives can call back gaged, that the Albanians there know youth, and we need a new direction for here, and we are receiving word on a there is a friend in the United States, that to go. daily basis of the condition of these that the Serbs and Belgrade under- If we want a real resolution, let us people, but it is unquestionably dete- stand that we have a presence there stop arming the Muslims that are tend- riorating. where the American flag is flying and ing to go further and further toward As soon as possible, the Red Cross we care very much about what happens Iran and Iraq and surrounding them- must be allowed in with safe passage as on the ground. And the European selves with the mujahedin out of both well. Union has just recommitted to opening Iran, Iraq and Afghanistan. If we want Mr. DAVIS of Florida. Mr. Speaker, I their office in Pristina. They should do to look at a real potential for the fu- yield 7 minutes to the distinguished it as soon as possible. ture, when we do end up pulling out, it gentleman from Maryland (Mr. HOYER). is not going to be the Serbs coming Mr. HOYER. Mr. Speaker, I thank b 1700 after the Croatians or the Muslims, it the gentleman for yielding me this In short, Mr. Speaker, what this reso- is going to be the Muslims coming out time. lution does, H. Con. Res. 235, is simply for the Croatians and the Serbs if we Mr. Speaker, I rise in strong support reinforce the goals which we hold dear continue with that. of this resolution and commend the as Americans; the right of self-deter- I commend the gentlemen, but I chairman of the committee and the mination, a condemnation of a brutal would like to see more of an even- ranking member for their leadership on crackdown, and saying that the United handed approach. If this opens up for this issue. States of America stands with the Al- investigation into looking at the alle- I regret that the gentleman from banian citizens of Kosovo because it is gations, then it is good. But if it is just California has left the floor. right to stand with them. It is right to chastising one group over the other Mr. Speaker, one of the things that say that they ought to have the free- again, as it has in the past, then I do made me nervous, very frankly, during doms. It is wrong for them to have no not think it is so good. So I will take the Cold War, was some well-meaning personal freedoms, to have 80 percent a look at the resolution, and I thank Members used to get up and draw par- or more unemployment, to never have the gentleman for the time. allelisms between Soviet actions and a chance to go to schools. This situa- Mr. DAVIS of Florida. Mr. Speaker, I perceived problems in the United tion must end. yield 2 minutes to the distinguished States. There was no parallelism or And what the Congress is attempting gentleman from Texas (Mr. LAMPSON). comparison to be drawn. And the gen- to do here in a bipartisan fashion is to Mr. LAMPSON. Mr. Speaker, I thank tleman from California that tries to say no more brutal crackdowns. This the gentleman for yielding me this draw a parallelism between the Mus- must be condemned by the world, and time. lims and Mr. Izetbegovic and the we want to see the right of self-deter- Yesterday in, Galveston, Texas, I was Croats and the Serbs, I would, with all mination. I would go one step further. visited by one of my constituents, Lisa due respect to the gentleman from I would implement a no-fly zone and Halili, who brought about 15 other peo- California, strongly disagree. continue to do different things that we ple along with her, many of whom had President Reagan saw evil, and he must have in order to show our solidar- relatives and certainly had friends in called it evil. That was what it should ity with the people of Kosovo. Kosovo. The story that they proceeded have been, in my opinion, Mr. Speaker. But this resolution, I think, strikes to tell me was one that was absolutely Milosevic is evil. I do not come to this the right balance at the right time, and amazing. floor for a brief on Mr. Tudjman or Mr. I urge my colleagues to support the The pictures that they brought of the Izetbegovic, but I see no parallel be- people of Kosovo who are crying out for murder of Lisa’s father-in-law last tween the war crimes sanctioned by, our help. We can do this, my col- week in Kosovo and the pictures of peo- led by and committed by Mr. Milosevic leagues, by voting unanimously for ple who had been tortured, who have and the other two. H.Con.Res. 235. been butchered, have been sprayed with The fact of the matter, Mr. Speaker, Mr. GILMAN. Mr. Speaker, I yield 3 hot water, all while they were attempt- is once again the butcher of Belgrade minutes to the distinguished gen- ing to do peaceful demonstrations by has struck, and the victims are his own tleman from California (Mr. carrying bread in their hands and by citizens. Sadly, Mr. Speaker, we should CUNNINGHAM). holding their fingers up in a symbol for not be surprised. This is a conflict that Mr. CUNNINGHAM. Mr. Speaker, let peace, and then being attacked in the has been simmering for a long, long me give a little different perspective. I way that they have was something that time; some would say centuries. do not disagree with my colleagues, I had a difficult time understanding. I The new Chairman of the OSCE, For- but I would add maybe some enlighten- do not understand how we could in any eign Minister Bronislav Geremek of ing information. way stand by while people are injured Poland, in mid-February, just 30 days First of all, during World War II, it and killed for participating in a non- ago, referred to the situation in Kosovo was the Serbs that fought with the Al- violent protest. as, and I quote, a conflict in prepara- lies and the United States. I attended a The Serbian Government must ac- tion. dinner, a banquet of some 400 Allied knowledge the basic civil rights of all As many of my colleagues know, and U.S. Air Force pilots that were giv- of their citizens. This bill condemns Kosovo has been overshadowed for ing their thanks to the Serbs for get- the violent repression of ethnic Alba- some years by the conflict in Bosnia. ting them behind and through the Cro- nians in Kosovo by Serbian authorities Preoccupation with Bosnia, in fact, H1204 CONGRESSIONAL RECORD — HOUSE March 17, 1998 contributed to the maintenance of the lishment of the OSCE mission, and the Serbian authorities must not be al- status quo in Kosovo, especially since immediate implementation of the lowed to get away with these atroc- there was a strong chance early on for agreement on education. ities. the Bosnian conflict to have a spillover I also support the contact group’s The work of the International Con- effect on nearby regions. call for the prosecution of war crimi- tact Group ought to be commended, Like a number of my colleagues, I nals, war criminals present in Yugo- but it must be intensified. They ought have been to Pristina, the capital of slavia, not just by definition of us on to make very clear to the government Kosovo. I have talked to Kosovars, but, the floor, but of our own State Depart- in Belgrade that another round of eth- more importantly, I have talked to ment under the Bush administration nic cleansing and of ethnic murder will Milosevic’s hand-picked representative and under this administration. Mr. not be tolerated. in Pristina. And I asked that represent- Speaker, I believe what has happened International war crimes investiga- ative, ‘‘Is there one person, just one, in Kosovo constitutes crimes against tors and organizations providing medi- one Kosovar, out of the 90 percent Al- humanity, and the Hague-based tribu- cal assistance must have immediate banian population in Kosovo, just one nal should have authority to prosecute. and unfettered access to the people of that you think is reasonable enough to Finally, I agree with the contact Kosovo. International observers sup- sit down at the table with and discuss group’s recommendation of an adaption ported by the contact group must es- the resolution of the conflicts that of the mandate for UNPREDEP, the tablish a presence in Kosovo and main- exist in Kosovo?’’ That representative U.N. peacekeeping force in neighboring tain constant vigilance against further of Mr. Milosevic could not think of one Macedonia, which has, as we know, a Serbian abuses. name in all of Kosovo that would be an U.S. contingent. If Kosovo explodes, its We must impose tougher sanctions appropriate interlocutor for peaceful potential for direct spillover into against Serbia, and we must maintain discussions of the resolution of con- neighboring countries is actually an arms embargo against this brutal flicts. Is it any wonder, therefore, that greater than it was for Bosnia, and we regime. We cannot sit idly by while the conflict has not been resolved, if one must be prepared for that threat. butchers in Belgrade use violence and side could not find one person with Mr. Speaker, given our witness to the oppression to maintain their political whom to discuss reasonable resolution? horrors which took place in Bosnia, we power. The recent violence has shattered should be aware of the dangers in We cannot allow the bloodshed and this status quo, and we are now faced Kosovo, and we must not fail to act. destruction that occurred in Bosnia to with a possibility of further violence in Mr. DAVIS of Florida. Mr. Speaker, I begin all over again in Kosovo. We can- Kosovo which could spill over into yield 3 minutes to the distinguished not allow this violence to escalate and neighboring Macedonia and, indeed, Al- gentleman from New York (Mr. NAD- spread into neighboring nations and re- bania itself. Clearly, Slobodon LER). sult possibly in a general war. Milosevic has fomented hatred between Mr. NADLER. Mr. Speaker, I thank The elections scheduled in Kosovo the people of the former Yugoslavia as the gentleman for yielding me this should be allowed to proceed a means to maintain power and ward time, and I rise to support this resolu- unimpeded by Belgrade, and the elect- off democratic development in Serbia tion and to condemn thoroughly the ed leaders who will be elected in itself. brutal acts of repression and of murder Kosovo should begin a dialogue with In 1989, as has been said by my friend that have occurred recently in Kosovo. the Belgrade authorities in an attempt from New York, whose leadership has Last month Serbian paramilitary po- to resolve the situation without vio- been so outstanding on this issue, lice units swept through Kosovo and lence. Milosevic unilaterally and illegally re- killed dozens of ethnic Albanians. These are just a few of the steps that voked Kosovo’s previous autonomy. He Many people were brutally beaten to must be taken in order to prevent fur- made discrimination against ethnic Al- death. Then, on March 2nd, during a ther bloodshed and oppression. banians, who constitute 90 percent of peaceful protest against this massacre, Unfortunately, we have not acted the population of Kosovo, official pol- Serbian police again attacked about soon enough to address these obvious icy. Discrimination was and is now of- 30,000 Kosovo residents. and persistent abuses and murderous ficial policy of the government in Bel- actions by Serbia, and today dozens of b 1715 grade. people are dead because of inter- He has repressed freedom of speech, This is an outrage. The actions of the national indifference. The time to act and his police force has arbitrarily har- Serbian government warn us that eth- officially is now. We must not waste assed, detained, tortured and, yes, even nic hatred still threatens to erupt into any more time. murdered innocent Albanians on a reg- genocide. They must halt these actions Mr. SMITH of New Jersey. Mr. ular basis. The recent massive attacks immediately, and they must take con- Speaker, I yield myself such time as I by Serbian police and paramilitary crete steps to ensure that this type of may consume. units are said to be in response to the violent police oppression will never (Mr. SMITH of New Jersey asked and formation of the Kosovo Liberation occur again. was given permission to revise and ex- Army, which seeks to fight repression Unfortunately, Slobodan Milosevic tend his remarks.) with terrorism. has made discrimination against ethnic Mr. SMITH of New Jersey. Mr. Mr. Speaker, terrorism in any form Albanians official policy. He has made Speaker, I rise in support of the resolu- must be condemned loudly and un- ethnic hatred and ethnic slaughter offi- tion, H. Con. Res. 235, calling for an end equivocally. Violence by either sides cial policy in a fashion not seen in Eu- to the violent repression of the legiti- will only beget more violence. That rope since the Nazis. mate rights of the people of Kosovo. In said, however, the magnitude of the re- We had ample warning that this bru- recent weeks we have seen yet another sponse by the Serbian authorities is tality would happen. The State Depart- outbreak of deadly violence in the Bal- reprehensible. The attacks on several ment on Human Rights stated that kans, with the Serbian police and the Albanian villages, which left dozens ‘‘political violence, including killing military units striking certain regions dead, including women and children, by police, resulted mostly from efforts in Kosovo and killing as many as 80 and many others injured or displaced, by Serbian authorities to suppress and Kosovar Albanians. is an absolute and undeniable con- intimidate ethnic minority groups.’’ It I am an original cosponsor of the res- travention of the standard for the be- went on to report that police repres- olution, and I appreciate very much havior of governments, as stated in sion continues to be directed against the work done by my colleagues, the Helsinki Final Act and numerous ethnic minorities, and police commit- gentleman from New York (Mr. ENGEL) United Nations documents. They are to ted the most widespread and worst and the gentleman from New York (Mr. be condemned, and those responsible abuses against Kosovo’s 90 percent eth- GILMAN), the chairman of the full com- must face consequences. nic Albanian population. mittee, to bring this measure to the Mr. Speaker, this resolution calls for All of this was reported before the floor. The measure was considered in the maintenance of sanctions against most recent incidents of this year. So committee last week, at which time a the Government of Serbia, the reestab- we must act swiftly and firmly. The number of amendments that I offered March 17, 1998 CONGRESSIONAL RECORD — HOUSE H1205 were adopted, including one asking Mr. DAVIS of Florida. Mr. Speaker, I Serbian police stole the photographs, that the OSCE mission be allowed back yield 1 minute to the distinguish gen- the records that they had. When their into Kosovo as soon as possible. tleman from Michigan (Mr. LEVIN). attorney attempted to protest to the Mr. Speaker, we must all recognize (Mr. LEVIN asked and was given per- court, he opened his door that night that, despite the complexity of the Bal- mission to revise and extend his re- and was bludgeoned on the head for kans, primary responsibility for nearly marks.) protesting. a decade of conflict in the former Mr. LEVIN. Mr. Speaker, I rise in In this country, attorneys for the de- Yugoslavia lies squarely on the shoul- strong support of this resolution. There fense go to court. In Kosovo, they go to ders of Milosevic and his regime in Bel- is no defense to the massacre of 80 eth- the hospital. grade. Since 1989, when Milosevic uni- nic Albanians in Kosovo, innocent men, This is wrong. This is intolerable, laterally revoked Kosovo’s autonomy, women and children. There are not two what is existing. These people only he has established as official policy dis- sides to this story of murder. Ethnic want freedom. They want the oppor- crimination against ethnic Albanians, cleansing is evil, pure and simple. This tunity to protect themselves and to ex- who constitute 90 percent of the popu- is not an internal affair of Serbia. This ercise their most basic human rights. lation of Kosovo, especially in terms of could spill over into other places. We saw in one school where the Ser- employment. Milosevic’s police force in When I was co-chair of the Congres- bian government, through the police, Kosovo is, in reality, more of an army, sional Delegation that went to Bel- had taken over half of the school that which has arbitrarily harassed, de- grade a few years ago, we told Mr. was supposed to be available for 1,000 tained, tortured and even murdered in- Milosevic very clearly we would hold children. There were a hundred or so nocent Albanians on a regular basis. him responsible for his actions. This Serbian children using half of it be- Tomorrow, in fact, the Commission resolution does exactly that. cause they were Serbian, and there are on Security and Cooperation in Europe, I remember the faces of people in Sa- almost 1,000 children limited to the which I co-chair, will be conducting a rajevo that war, conflict and death other half of the school only because hearing on the issue of the repression might be over. And now the Serbs have they were Muslim children. And they and the violence in Kosovo. As the brought destruction and death to had bricked over some of the bath- Commission has followed closely this Kosovo. We raise our voices to say to rooms. situation in Kosovo, it has become the Serbian government, no more. This One of the parents protested at this clear that Mr. Milosevic responds to resolution should be passed unani- cruelty toward young children. And be- criticism only when there is a clear re- mously by this body. cause he protested, because he had two solve that his aggression, violence, and Mr. SMITH of New Jersey. Mr. young daughters in that school, he was abuse of human rights will invoke seri- Speaker, I yield 3 minutes to my mutilated, cut open from head to groin, ous consequences. friend, the gentleman from Virginia and dumped on the doorstep of his fam- I would note that the language of the (Mr. MORAN). ily. This is the kind of thing that has resolution states that no independent Mr. MORAN of Virginia. Mr. Speak- given rise to the protests we read about national or United States sanctions er, I thank my colleague and friend, today. currently in force against the Govern- the gentleman from New Jersey (Mr. The OSCE human rights monitors ment of Serbia or Montenegro should SMITH), for yielding; and I thank the need to be monitoring human rights be terminated at this time unless a gentleman from Florida (Mr. DAVIS) violations. 90% of the population needs judgment is made that such termi- and my colleagues on both sides of the to be enfranchised—legally politically nation would help encourage a peaceful aisle. and economically. We will not have resolution to the repression in Kosovo. We are in agreement on this. This peace in the Balkans until their is jus- In this resolution, we call on the au- needs to be done. The whole free world thorities of Serbia-Montenegro to fully tice in Kosovo. needs to react to the brutality that is The SPEAKER pro tempore. The gen- cooperate with efforts and initiatives occurring in Kosovo. tleman from Florida (Mr. DAVIS) has 1 of the OSCE, including the immediate Kosovo is a nation of 2 million peo- minute remaining. The gentleman and unconditional return of a mission ple. They voted 7 years ago for inde- from New Jersey (Mr. SMITH) has 71⁄2 of long duration. The mission mandate pendence status, along with their sister should focus on all of Serbia and Mon- minutes remaining. republics in Yugoslavia, Slovenia, Mac- Mr. DAVIS of Florida. Mr. Speaker, I tenegro and should be held by a person edonia, Bosnia and Croatia. They were yield myself such time as I may con- of prominence. Belgrade expelled the mission, you denied it even though they voted over- sume. might recall, Mr. Speaker, in 1993 and whelmingly for this status. Mr. Speaker, I would like to urge my has made its return contingent on the Slobodan Milosevic is only supported colleagues to support this resolution lifting of Yugoslavia’s suspension in by 5 percent of the population, but yet for the reasons that have been so elo- the OSCE. Both Kosovar Albanians and he reacted to this vote with unprece- quently expressed here today on the Kosovar Serbs have told us that the re- dented brutality. Repression, beatings, floor by both sides. turn of the mission is desirable. The murders, rapes go on constantly, many This resolution rightly calls for an mission would monitor the situation of them for the purpose of intimidating end to the violent repression in Kosovo both in Kosovo and in Serbia and Mon- the population. and for the beginning of a necessary tenegro and would facilitate local dia- There are 60,000 Serb police, para- dialogue between the Serb authorities logue in order to help deter an esca- military and military forces that exer- and the leaders that will contribute to lation of conflict and the violation of cise complete control over 2 million Al- the return of legitimate civil and polit- human rights. banian Muslim Kosovars. It is wrong. ical rights for all the people there. I believe, Mr. Speaker, that we It is unbelievable that this situation Ms. JACKSON-LEE of Texas. Mr. Speaker, should enthusiastically support the in- exists at the end of the 20th century. I rise today to comment on the current crisis vestigation and prosecution of the When I was over in Kosovo, I saw the in Kosovo. The recent death of four policemen International Criminal Tribunal for hospitals, the clinics closed, schools and 25 AlbaniansÐfollowed by the March 5 the Former Yugoslavia of crimes closed, physicians dismissed, busi- assault of Servian forces against ethnic against humanity committed in nesses summarily closed by the Serb Kosovar AlbaniansÐhas marked a new stage Kosovo. The events in Kosovo in recent police. In fact, when the OSCE mon- in the Balkan crisis. The crackdown in Kosovo, days are reminiscent of what took itors were driven out of the country, the southernmost province of Serbia, has es- place at the beginning of the Bosnian the incidence of brutality and human calated the conflict between ethnic Albanians conflict in 1992, and they could simi- rights violations increased 85 percent. and the Serb leadership in Belgrade. Kosovo larly escalate into massive and violent This was all monitored by a Council is home to an estimated 2 million ethnic Alba- ethnic cleansing. for the Defense of Human Rights and nians and fewer than 200,000 Serbs. Old eth- Mr. Speaker, this is a very good reso- Freedoms that we met with in nic rivalries and tensions are running high in lution. Pristina. Yet, when we met with them Kosovo. Mr. Speaker, I reserve the balance of that very week, Serbian police had Mr. Speaker, the United States and its allies my time. gone into their office and beaten them. need to take concrete steps to ensure that this H1206 CONGRESSIONAL RECORD — HOUSE March 17, 1998 latest round of violence in the Balkans does Mr. Speaker, I encourage my colleagues to Turkey] not just geo-strategic ones. I not spread to Albania, Macedonia, Greece and support H. Con. Res. 235 that calls for an end wish I had been here to ask Robert perhaps Turkey. We should take proactive to violent repression in Kosovo. Most of all, I Gelbard about what seems to be the ap- steps by learning from recent history. We must ask my colleagues to take a stand for basic proval of the 700 man extension of the encourage a meaningful dialogue between human rights and the inviolability of human UN peacekeeping force in Macedonia— Serbs and Kosovar Albanian leaders that dignity. UNPREDEP (Unpred)—whch was due to leads to peaceful solutions and protects basic Mr. BONIOR. Mr. Speaker, I rise today in withdraw this summer. human rights. strong support of this resolution to condemn I know that the election scheduled Mr. Speaker, the State Department has said the violent repression of the people of Kosova, for March 22 was cancelled especially that it supports ``an enhanced status for and I comment my colleaguesÐMr. GILMAN after the slaughter of 84 people. I un- Kosovo within the context of the Federal Re- and Mr. ENGELÐfor their leadership on this derstand that Robert Gelbard, in a pri- public of Yugoslavia [Serbia/Montenegro].'' issue. vate meeting with Milosevic, asked Our position is clearly a step in the right direc- Over the past several weeks we have all just for the families to see the victims tion. It is responsible; it demonstrates our seen the horrible images and listened to the bodies before they were buried. Even commitment to a peaceful resolution to the cries of grief and outrage. while Gelbard was boarding the plane, conflict; and it underpins our commitment to Those who were executed by the Serbian Serbia proceeded with the burial basic human rights. forces in front of their families last week have against the wishes of those that were One of the deplorable legacies of the Bos- now been properly buried. mourning. In addition, let me say that nian war is that human rights will be violated We mourn them, and extend our deepest when one side is really serious about if the international community sits back and al- condolences to the loved ones who survive talks they at least inform the other lows for abuses to happen. We go on record them. side of an agenda, time and place of the today stating that we will not tolerate abuses It is hard to fathom the cruelty of men who meetings. and vioience. It is wrong, and it is absurd. The 1995 Dayton Peace Accords clearly would randomly shoot people, proudly display Ethnic cleansing and massacrers can- demonstrate that peace won't happen without their lifeless bodies like trophies, then bury not be tolerated whether in Rwanda, considerable U.S. leadership. In fact, British them in a ditch. Bosnia or another Serbian enclave— Foreign Secretary Robin Cook recently met But that is what we have seen. Kosova. In response to the recent at- with Yugoslav President Slobodan Milosevic It is hard to comprehend how such terrible tacks, I along with other members of on the issue of greater autonomy for ethnic Al- hatred can so overwhelm a person, that it the Albanian caucus, have sent a letter banians, and his comments are instructive: ``I empties them of all compassion and humanity. to the President to address the deterio- did not feel encouraged to believe that there But that is what we have seen. rating situation in Kosova. In conclu- is yet a recognition in Belgrade that there will And it is also hard to understand how a sion, Kosova reminds me of the have to be significant further steps of in- people so brutalized can hang on to hope and Tiananmen Square incident. Years creased autonomy to Kosovo if we are to find keep going. But the ethnic Albanians of later, we are still going on with ‘‘busi- an acceptable political solution (Washington Kosova will prevail. ness as usual.’’ I hope Pristina [Priss-s- Post, March 6, 1998).'' For nine years, Serbia has repressed and tina] won’t fall victim to this type of To this end, the political leadership of the harassed them. Now this campaign of terror policy. ethnic Albanian majority in Kosovo has sought has degenerated into open slaughter, and Mr. DAVIS of Florida. Mr. Speaker, I greater independence and freedom from Serb many innocent people have died. yield back the balance of my time. authorities since the early 1990s, but Serbia Today we join together to say: ``No More.'' Mr. SMITH of New Jersey. Mr. has flatly rejected the idea. Serbs see Albania This violence cannot continue, and we must Speaker, I yield back the balance of as their cultural homeland. It is fitting that we do whatever it takes to stop the bloodshed. my time. respect and appreciate the Serbs' history but, Serbian aggression in Bosnia has taught all The SPEAKER pro tempore. The at the same time, we must take steps to facili- of us a hard lesson: that the United States question is on the motion offered by tate greater self-governance for ethnic Alba- and its allies cannot simply remain on the the gentleman from New Jersey (Mr. nians. They comprise at least 90% of sidelines. SMITH) that the House suspend the Kosovo's 2 million people. For me the mes- We brought peace to Bosnia only after we rules and agree to the concurrent reso- sage is clear: the U.S. must support fun- showed Slobodan Milosevic (pronounced lution, House Concurrent Resolution damental human rights in the Serbian province Slow-buh-dahn Mill-oh-so-vitch) that his brute 235, as amended. of Kosovo. The ethnic Albanians deserve an force would be countered with swift and deci- The question was taken. enhanced political status and a heightened de- sive military action. Mr. SMITH of New Jersey. Mr. gree of autonomy. Again, autonomy, in a Now Milosevic must accept that he faces Speaker, on that I demand the yeas word, could be an antidote for further violence the same consequences if he does not halt his and nays. and bloodshed in the region. campaign of terror in Kosova. The yeas and nays were ordered. Mr. Speaker, writing in Sunday's Washing- Milosevic must also recognize the legitimate The SPEAKER pro tempore. Pursu- ton Post, columnist Jim Hoagland helps policy will of the people of Kosova for a free and ant to clause 5 of rule I and the Chair’s makers return to key principles in this malaise independent state. prior announcement, further proceed- we call the post-Cold War world. He reminds It's been said that you can bury the dead, ings on this motion will be postponed us of the value of human dignity and our fight but you can never bury a dream. Their dream until tomorrow. for human rights. Hoagland reminds us that of freedom is stronger than ever, and we f the ``demographic laws of gravity'' cannot be stand with them today. defied: Mr. PAYNE. Mr. Speaker, I rise in GENERAL LEAVE Washington should cease paying tribute to support of this resolution. I wish I Mr. SMITH of New Jersey. Mr. territorial integrity maintained by brute could say that Serbia’s repression of Speaker, I ask unanimous consent that force, whether that force is exercised in Ser- Kosova comes as a surprise but I think all Members may have 5 legislative bia, Iraq, Indonesia or China. The United we saw it coming by Slobodan States should stop opposing in word and deed days within which to revise and extend the aspirations of Kosovars, Kurds, Timorese Milosevic’s aggression in the region. their remarks on the concurrent reso- or Tibetans willing to fight oppression vis- If dialogue is to happen between the lution just considered. ited on them by other dominant ethnic Serbs and the ethnic Albanians, then The SPEAKER pro tempore. Is there groups that have a monopoly on firepower we must stop sending mixed messages objection to the request of the gen- and organized violence. ... Big government and signals. Let me say that I think tleman from New Jersey? in the form of nation-state superstructures that we were too quick to reward Bel- There was no objection. like the Soviet Union and Yugoslavia, and grade for its positive steps in Bosnia big racial ideology in the form of pan- f Slavism and pan-Arabism, have been tossed peace process without taking into con- sideration what was going on in ANNOUNCEMENT BY THE SPEAKER on history’s ash heap in this decade. It is a PRO TEMPORE time when the center does not hold, Kosova. especially in places like the Balkans, ``when One of the greatest fears is a spill The SPEAKER pro tempore. Pursu- atomization is the dominant force in inter- over into Macedonia which would be ant to the provisions of clause 5, rule 1, national politics.'' terrible for many reasons [Greece and the Chair will now put the question on March 17, 1998 CONGRESSIONAL RECORD — HOUSE H1207 the Speaker’s approval of the Journal Houghton Metcalf Schaefer, Dan Salmon Schiff Turner Hoyer Mica Schumer Sanford Stupak Yates and then two motions to suspend the Hulshof Millender- Scott rules on which further proceedings Hutchinson McDonald Sensenbrenner b 1750 were postponed earlier today in the Hyde Miller (CA) Serrano So the Journal was approved. order in which that motion was enter- Istook Miller (FL) Shadegg Jackson (IL) Minge Shaw The result of the vote was announced tained. Jackson-Lee Mink Shays as above recorded. Votes will be taken in the following (TX) Mollohan Sherman order: approval of the Journal de novo, Jenkins Moran (VA) Shimkus f John Morella Shuster House Resolution 364 by the yeas and Johnson (CT) Murtha Sisisky PERSONAL EXPLANATION nays, and House Resolution 361 by the Johnson (WI) Myrick Skaggs Mr. HASTERT. Mr. Speaker, on roll call no. yeas and nays. Johnson, Sam Nadler Skeen Jones Neal Skelton 53, I was out of town attending a wake. Had f Kanjorski Nethercutt Slaughter I been present, I would have voted ``yes''. Kaptur Neumann Smith (MI) f Kasich Ney Smith (NJ) THE JOURNAL Kelly Northup Smith (OR) COMMUNICATION FROM THE The SPEAKER pro tempore. Pursu- Kennedy (RI) Norwood Smith (TX) Kennelly Nussle Smith, Adam CLERK OF THE HOUSE ant to clause 5 of rule 1 the pending Kildee Obey Smith, Linda business is the question of agreeing to Kilpatrick Olver Snowbarger The SPEAKER pro tempore (Mr. the Speaker’s approval of the Journal Kim Ortiz Snyder ARMEY) laid before the House the fol- of the last day’s proceedings. Kind (WI) Owens Solomon lowing communication from the Clerk King (NY) Oxley Souder of the House of Representatives: The question is on the Speaker’s ap- Kingston Packard Spence proval of the Journal. Kleczka Pallone Spratt OFFICE OF THE CLERK, The question was taken; and the Klink Pappas Stabenow HOUSE OF REPRESENTATIVES, Klug Pascrell Stark Speaker pro tempore announced that Washington, DC, March 17, 1998. Knollenberg Pastor Stearns Hon. NEWT GINGRICH, the ayes appeared to have it. Kolbe Paul Stokes The Speaker, House of Representatives, Wash- Ms. ROYBAL-ALLARD. Mr. Speaker, LaFalce Paxon Strickland LaHood Payne Stump ington, D.C. I object to the vote on the ground that Lampson Pease Sununu DEAR MR. SPEAKER: I have the honor to a quorum is not present and make the Lantos Pelosi Talent transmit herewith a copy of the original Cer- point of order that a quorum is not Largent Peterson (MN) Tanner tificate of Election received from the Honor- present. Latham Peterson (PA) Tauscher able Bill Jones, Secretary of State, State of LaTourette Petri Tauzin The SPEAKER pro tempore. Evi- California, indicating that, according to the Lazio Pitts Taylor (NC) semi-official canvass of votes cast in the dently, a quorum is not present. Leach Pombo Thomas Special Election held March 10, 1998, the The Sergeant at Arms will notify ab- Levin Pomeroy Thornberry Lewis (CA) Porter Thune Honorable Lois Capps was elected Represent- sent Members. Lewis (KY) Portman Thurman ative in Congress for the Twenty-second Con- The vote was taken by electronic de- Linder Price (NC) Tiahrt gressional District, State of California. vice, and there were—yeas 359, nays 38, Livingston Pryce (OH) Tierney With warm regards, not voting 33, as follows: Lofgren Quinn Torres ROBIN H. CARLE, Lowey Radanovich Towns Clerk. [Roll No. 53] Lucas Rahall Traficant YEAS—359 Luther Rangel Upton STATE OF CALIFORNIA—SECRETARY OF STATE Maloney (CT) Redmond Velazquez CERTIFICATE OF ELECTION Abercrombie Cardin Everett Maloney (NY) Regula Vento Ackerman Carson Ewing Manton Reyes Walsh I, Bill Jones, the Secretary of State of the Aderholt Castle Farr Manzullo Riggs Wamp State of California, hereby certify: Allen Chabot Fattah Markey Riley Watkins That according to the semi-official canvass Archer Chambliss Foley Mascara Rivers Watt (NC) of votes cast in the Special Election held on Armey Chenoweth Forbes Matsui Rodriguez Waxman Bachus Christensen Ford the 10th day of March, 1998 in the 22nd Con- McCarthy (MO) Roemer Weldon (FL) gressional District, Baesler Clayton Fossella McCarthy (NY) Rogers Weldon (PA) Baker Clement Fowler McCollum Rohrabacher Wexler Lois Capps was elected to the office of Baldacci Coble Frank (MA) McCrery Ros-Lehtinen Weygand United States Representative—District 22, Ballenger Coburn Franks (NJ) McGovern Rothman White for the term prescribed by law. Barcia Collins Frelinghuysen McHale Roukema Whitfield In witness whereof, I hereunto set my hand Barr Combest Frost McHugh Roybal-Allard Wicker and affix the Great Seal of the State of Cali- Barrett (NE) Condit Furse McIntosh Royce Wise Barrett (WI) Conyers Gallegly fornia at Sacramento, this 11th day of March McIntyre Ryun Wolf 1998. Bartlett Cook Ganske McKeon Sanchez Woolsey Barton Cooksey Gejdenson McKinney Sanders Wynn BILL JONES, Bass Cox Gekas Meehan Sandlin Young (AK) Secretary of State. Bateman Coyne Gephardt Meek (FL) Sawyer Young (FL) f Bentsen Cramer Gibbons Meeks (NY) Saxton Bereuter Crapo Gilchrest Menendez Scarborough Berman Cubin Gilman SWEARING IN OF THE HONORABLE Berry Cummings Goode NAYS—38 LOIS CAPPS, OF CALIFORNIA, AS Bilirakis Cunningham Goodlatte A MEMBER OF THE HOUSE Bishop Danner Goodling Becerra Hefley Ramstad Blagojevich Davis (FL) Gordon Brown (CA) Hilleary Rogan The SPEAKER pro tempore. Will the Bliley Davis (VA) Goss Clay Hilliard Sabo Members of the California delegation Clyburn Hinchey Schaffer, Bob Blumenauer Deal Graham escort the gentlewoman from Califor- Blunt DeGette Granger DeFazio Jefferson Sessions Boehlert Delahunt Green Dickey Johnson, E. B. Stenholm nia, the Member-elect, to the rostrum Boehner DeLauro Greenwood English Kucinich Taylor (MS) to receive the oath of office. Bonilla DeLay Gutknecht Ensign Lewis (GA) Thompson Mrs. Capps appeared at the bar of the Bonior Deutsch Hall (OH) Fazio LoBiondo Visclosky Boswell Dicks Hall (TX) Filner McDermott Waters House and took the oath of office, as Boucher Dingell Hamilton Fox Moran (KS) Watts (OK) follows: Boyd Dixon Hansen Gillmor Oberstar Weller Do you solemnly swear that you will Hastings (FL) Pickett Brady Doggett Harman support and defend the Constitution of Brown (FL) Dooley Hastings (WA) Brown (OH) Doyle Hayworth NOT VOTING—33 the United States against all enemies, Bryant Dreier Hefner Andrews Fawell McInnis foreign and domestic; that you will Bunning Duncan Herger Bilbray Gonzalez McNulty bear true faith and allegiance to the Burr Edwards Hill Borski Gutierrez Moakley same; that you take this obligation Burton Ehlers Hinojosa Cannon Hastert Parker Buyer Ehrlich Hobson Costello Hunter Pickering freely and without any mental reserva- Callahan Emerson Hoekstra Crane Inglis Poshard tion or purpose of evasion, and that Calvert Engel Holden Davis (IL) Kennedy (MA) Rush you will well and faithfully discharge Camp Eshoo Hooley Diaz-Balart Lipinski Campbell Etheridge Horn Doolittle Martinez the duties of the office on which you Canady Evans Hostettler Dunn McDade are about to enter. So help you God? H1208 CONGRESSIONAL RECORD — HOUSE March 17, 1998 The SPEAKER pro tempore. Con- priorities of her district and of all Cali- guage plain and simple, they have told gratulations, you are now a Member of fornians are the priorities of this Con- me in no uncertain terms that they the Congress of the United States. gress. want us to work hard to make our f LOIS, Walter would be very proud of schools better. As one who has spent a your commitment and your dedication lifetime in the classrooms of my dis- REPRESENTATIVE CAPPS BRINGS to the people of the 22nd Congressional trict, I know the importance of local WEALTH OF EXPERIENCE TO District. control; but, believe me, this task is so CONGRESS Mr. Speaker, I yield to the gentleman great that we must all work toward (Ms. ROYBAL-ALLARD asked and from Missouri (Mr. GEPHARDT), the this end. The goals are too important. was given permission to address the Democratic leader. Business leaders have come to me, House for 1 minute and to revise and Mr. GEPHARDT. Mr. Speaker, I saying, I want to partner with edu- extend her remarks.) thank the gentlewoman for yielding to cation because the net result will be a Ms. ROYBAL-ALLARD. Mr. Speaker, me. work force, jobs that are meaningful, LOIS CAPPS’ journey to Washington, Mr. Speaker, this is indeed a joyous people’s lives that are enhanced; the D.C., began in tragedy with the sudden day of celebration as we swear in a new quality of life that we want in the cen- death of her husband and our col- Member of the Congress. tral coast of California, yes, but league, Walter Capps. Today, however, I would simply say this one thing. throughout the country. This is what the journey has ended in joy and vic- There are a lot of reasons attributed to we need also to keep our economy mov- tory, not only for LOIS and her family, political victories in congressional ing. but for her constituents. seats, but in my view this victory is As a nurse, Members do not have to LOIS brings to Congress a wealth of due to the character, the integrity, and experience as a health professional, the wonderful citizenship of a woman tell me about the mandate to reform health care, to curb the excesses, to community activist, and educator. named LOIS CAPPS. We are very proud bring back patient-centered care, and LOIS was a nurse for the Santa Barbara of LOIS CAPPS. to allow more access to it. For me, School District for 20 years. In this ca- f pacity, she served as an elementary clean air and clean water are health A COMMITMENT TO MAKE GOOD district nurse for the entire public issues. Where I come from, preserving a ON THE TRUST OF THE CITIZENS school system. She was a coordinator pristine coastline is a sacred trust. OF THE 22ND DISTRICT OF CALI- of the teen parent program and was a Of course, the overarching mandate FORNIA health consultant for all child develop- is, in all of our deliberations, LOIS, be ment programs. Since 1983, she has pe- (Mrs. CAPPS asked and was given sure to do this in a fiscally responsible riodically taught in the Early Child- permission to address the House for 1 way. My answer is, I had a good exam- hood Education Department at Santa minute and to revise and extend her re- ple in the 105th Congress in the Bal- Barbara College. marks.) anced Budget Act of 1997. I say to the Thousands of Santa Barbara’s chil- Mrs. CAPPS. Mr. Speaker, I am so small business owners in my district, dren and families have benefited from thrilled to be here. I want to acknowl- yes, now we are going to go to work to LOIS’s personal care and leadership. edge my family: our daughter, Laura; simplify that Tax Code, to reform the Under her direction, hundreds of young my sister, Frieda; Walter’s brother, IRS. They have told me in loud and parents have received the encourage- Roger, and his wife; my cousin, Chuck; simple terms that we must do this. ment and the support to stay in school and so many friends and staff members. So you can see, Mr. Speaker, that I as well as the child development edu- You know I could not be here without have come here ready to go to work. cation to ensure that their children you. This is not a partisan task, because the grow up healthy and in loving environ- My heart is so full, as you know, as bottom line is the common good. That ments. I stand where Walter stood so many which unites us, not that which divides LOIS also has vast working experi- times and looked out at all of you who us, is of enduring value. And we all ence in the community, having devoted were his treasured friends, and friend- know in our soul, and I am so privi- herself to many community organiza- ship that extended to me. How can I leged to be a part, that in this place, in tions, including the American Red thank you for your eloquence in the this House what we are about is noth- Cross, the American Heart Association, memorials that you gave to him, to me ing less than preserving and strength- and the Family Service Agency. and to him, following his death? Now ening democracy. I thank you for the During Walter’s all too brief tenure, you welcome me here today. I will al- opportunity to serve. LOIS was an active partner, traveling ways be grateful for this moment. with Walter around the central coast, As I think of the citizens of the 22nd f to see firsthand the needs of the people District of the central coast of Califor- nia, who elected Walter just a year and he represented, and also, she traveled URGING RESOLUTION ON HUMAN to Washington, D.C. where he fought a half ago, they trusted him. Now they have extended that trust to me, so I RIGHTS SITUATION IN PEOPLE’S for them and where she was one of the REPUBLIC OF CHINA most visible of congressional spouses, have come here to make good on that frequently sitting in the gallery during trust, to build on that trust. The SPEAKER pro tempore (Mr. votes and debates. I bring with me so many stories from ARMEY). The pending business is the the over 30 years that I have lived in question of suspending the rules and b 1800 our District. Just last Saturday I was agreeing to the resolution, H. Res. 364, LOIS is committed to continuing the at a community college, Cuesta Com- as amended. CAPPS legacy of reconnecting people to munity College near the city of San The Clerk read the title of the resolu- their representatives, to helping fami- Luis Obispo, and I heard the remark- tion. lies improve their everyday lives able stories of five distinguished The SPEAKER pro tempore. The through better schools, quality health women being honored for their commu- question is on the motion offered by care, and a cleaner, healthier environ- nity service. I thought to myself, that the gentleman from New Jersey (Mr. ment. LOIS is also committed to follow- is my inspiration. These are my role SMITH) that the House suspend the ing the CAPPS tradition of working models to take with me to this place. I rules and agree to the resolution, H. with the delegation in its effort to find have brought them with me in my Res. 364, as amended, on which the yeas bipartisan solution to California prob- mind’s eye today, and so many other and nays are ordered. lems. stories like that. We welcome LOIS to Congress and to During the last 4 months, Mr. Speak- This will be a 15-minute vote, to be our delegation. We know that she will er, I have received the mandate, sev- followed by a five-minute vote. be an effective advocate for her con- eral mandates, from the citizens of the The vote was taken by electronic de- stituents, and we look forward to 22nd District of California. Despite the vice, and there were—yeas 397, nays 0, working with her to ensure that the din of outside special interests, in lan- not voting 34, as follows: March 17, 1998 CONGRESSIONAL RECORD — HOUSE H1209 [Roll No. 54] Portman Serrano Taylor (MS) CALLING FOR FREE AND IMPAR- Price (NC) Sessions Taylor (NC) YEAS—397 Pryce (OH) Shadegg Thomas TIAL ELECTIONS IN CAMBODIA Quinn Shaw Thompson Abercrombie Duncan Kleczka The SPEAKER pro tempore. The Radanovich Shays Thornberry Ackerman Edwards Klink Rahall Sherman Thune pending business is the question of sus- Aderholt Ehlers Klug Ramstad Shimkus Thurman pending the rules and agreeing to the Allen Ehrlich Knollenberg Rangel Shuster Tiahrt Archer Emerson Kolbe resolution, House Resolution 361, as Redmond Sisisky Tierney amended. Armey Engel Kucinich Regula Skaggs Torres Bachus Ensign LaFalce Reyes Skeen Towns The Clerk read the title of the resolu- Baesler Eshoo LaHood Riggs Skelton Traficant tion. Baker Etheridge Lampson Riley Slaughter Upton The SPEAKER pro tempore. The Baldacci Evans Lantos Rivers Smith (MI) Velazquez Ballenger Everett Largent Rodriguez Smith (NJ) Vento question is on the motion offered by Barcia Ewing Latham Roemer Smith (OR) Visclosky gentleman from Nebraska (Mr. BEREU- Barr Farr LaTourette Rogan Smith (TX) Walsh TER) that the House suspend the rules Barrett (NE) Fattah Lazio Rogers Smith, Adam Wamp and agree to the resolution, House Res- Barrett (WI) Fazio Leach Rohrabacher Smith, Linda Waters Bartlett Filner Levin Ros-Lehtinen Snowbarger Watkins olution 361, as amended, on which the Barton Foley Lewis (CA) Rothman Snyder Watt (NC) yeas and nays are ordered. Bass Forbes Lewis (GA) Roukema Solomon Watts (OK) This is a 5-minute vote. Bateman Ford Lewis (KY) Roybal-Allard Souder Waxman Becerra Fossella Linder Royce Spence Weldon (FL) The vote was taken by electronic de- Bentsen Fowler Livingston Ryun Spratt Weldon (PA) vice, and there were—yeas 393, nays 1, Bereuter Fox LoBiondo Sabo Stabenow Weller not voting 37, as follows: Berman Frank (MA) Lofgren Sanchez Stark Wexler Berry Franks (NJ) Lowey Sanders Stearns Weygand [Roll No. 55] Bilirakis Frelinghuysen Lucas Sandlin Stenholm White YEAS—393 Bishop Frost Luther Sawyer Stokes Whitfield Abercrombie Cox Green Blagojevich Furse Maloney (CT) Saxton Strickland Wicker Bliley Gallegly Maloney (NY) Ackerman Coyne Greenwood Scarborough Stump Wise Aderholt Cramer Gutknecht Blumenauer Ganske Manton Schaefer, Dan Sununu Wolf Blunt Gejdenson Manzullo Allen Crapo Hall (OH) Schaffer, Bob Talent Woolsey Archer Cubin Hall (TX) Boehlert Gekas Markey Schumer Tanner Wynn Boehner Gephardt Mascara Armey Cummings Hamilton Scott Tauscher Young (AK) Bachus Cunningham Hansen Bonilla Gibbons Matsui Sensenbrenner Tauzin Young (FL) Bonior Gilchrest McCarthy (MO) Baesler Danner Harman Boswell Gillmor McCarthy (NY) NOT VOTING—34 Baker Davis (FL) Hastings (FL) Boucher Baldacci Davis (VA) Hastings (WA) Gilman McCollum Andrews Gonzalez Moakley Boyd Ballenger Deal Hayworth Goode McCrery Bilbray Gutierrez Parker Brady Barcia DeFazio Hefley Goodlatte McDermott Borski Harman Poshard Brown (CA) Barr DeGette Hefner Goodling McGovern Cannon Hastert Rush Brown (FL) Barrett (NE) Delahunt Hill Gordon McHale Collins Hunter Salmon Brown (OH) Barrett (WI) DeLauro Hilleary Goss McHugh Costello Inglis Sanford Bryant Bartlett DeLay Hilliard Graham McIntosh Crane Kennedy (MA) Schiff Bunning Barton Deutsch Hinchey Granger McIntyre Davis (IL) Lipinski Stupak Burr Bass Dickey Hinojosa Green McKeon Diaz-Balart Martinez Turner Burton Bateman Dicks Hobson Greenwood McKinney Dunn McDade Yates Buyer Becerra Dingell Hoekstra Gutknecht Meehan English McInnis Callahan Bentsen Dixon Holden Hall (OH) Meek (FL) Fawell McNulty Calvert Hall (TX) Meeks (NY) Bereuter Doggett Hooley Camp Hamilton Menendez b 1826 Berman Dooley Horn Campbell Hansen Metcalf Berry Doolittle Hostettler Canady Hastings (FL) Mica So (two-thirds having voted in favor Bilirakis Doyle Houghton Capps Hastings (WA) Millender- thereof) the rules were suspended and Bishop Dreier Hoyer Cardin Hayworth McDonald Blagojevich Duncan Hulshof Carson Hefley Miller (CA) the resolution, as amended, was agreed Bliley Edwards Hyde Castle Hefner Miller (FL) to. Blumenauer Ehlers Istook Chabot Herger Minge The result of the vote was announced Blunt Ehrlich Jackson (IL) Boehlert Emerson Jackson-Lee Chambliss Hill Mink as above recorded. Chenoweth Hilleary Mollohan Boehner Engel (TX) Christensen Hilliard Moran (KS) A motion to reconsider was laid on Bonilla English Jefferson Clay Hinchey Moran (VA) the table. Bonior Ensign Jenkins Boswell Eshoo John Clayton Hinojosa Morella f Clement Hobson Murtha Boucher Etheridge Johnson (CT) Boyd Evans Johnson (WI) Clyburn Hoekstra Myrick PERSONAL EXPLANATION Coble Holden Nadler Brady Everett Johnson, E. B. Coburn Hooley Neal Mr. HASTERT. Mr. Speaker, on roll call No. Brown (CA) Ewing Johnson, Sam Brown (FL) Farr Jones Combest Horn Nethercutt 54, I was out of town attending a wake. Had Condit Hostettler Neumann Brown (OH) Fattah Kanjorski Conyers Houghton Ney I been present, I would have voted yes. Bryant Fazio Kaptur Cook Hoyer Northup f Bunning Filner Kasich Cooksey Hulshof Norwood Burr Foley Kelly Cox Hutchinson Nussle PERSONAL EXPLANATION Burton Forbes Kennedy (RI) Coyne Hyde Oberstar Buyer Ford Kennelly Cramer Istook Obey Mr. DIAZ-BALART. Mr. Speaker, had I been Callahan Fossella Kildee Crapo Jackson (IL) Olver present for the vote on H. Res. 364, urging Calvert Fowler Kilpatrick Camp Fox Kim Cubin Jackson-Lee Ortiz the President to criticize China's human right, Cummings (TX) Owens Campbell Frank (MA) Kind (WI) Cunningham Jefferson Oxley violations at the United Nations, I would have Canady Franks (NJ) King (NY) Danner Jenkins Packard voted ``aye''. Capps Frelinghuysen Kingston Cardin Frost Kleczka Davis (FL) John Pallone f Davis (VA) Johnson (CT) Pappas Carson Furse Klink Castle Gallegly Klug Deal Johnson (WI) Pascrell ANNOUNCEMENT BY THE SPEAKER DeFazio Johnson, E. B. Pastor Chabot Ganske Knollenberg DeGette Johnson, Sam Paul PRO TEMPORE Chambliss Gejdenson Kolbe Chenoweth Gekas Kucinich Delahunt Jones Paxon The SPEAKER pro tempore (Mrs. DeLauro Kanjorski Payne Christensen Gephardt LaFalce DeLay Kaptur Pease EMERSON). Pursuant to the provisions Clay Gibbons LaHood Deutsch Kasich Pelosi of clause 5 of rule I, the Chair an- Clayton Gilchrest Lampson Dickey Kelly Peterson (MN) nounces that she will reduce to a mini- Clement Gillmor Lantos Dicks Kennedy (RI) Peterson (PA) Clyburn Gilman Latham Dingell Kennelly Petri mum of 5 minutes the period of time Coble Goode LaTourette Dixon Kildee Pickering within which a vote by electronic de- Coburn Goodlatte Lazio Doggett Kilpatrick Pickett vice may be taken on the additional Combest Goodling Leach Condit Gordon Levin Dooley Kim Pitts motion to suspend the rules on which Doolittle Kind (WI) Pombo Conyers Goss Lewis (CA) Doyle King (NY) Pomeroy the Chair has postponed further pro- Cook Graham Lewis (GA) Dreier Kingston Porter ceedings. Cooksey Granger Lewis (KY) H1210 CONGRESSIONAL RECORD — HOUSE March 17, 1998 Linder Paxon Smith (MI) PERSONAL EXPLANATION jury subpoena (for documents) issued by the Livingston Payne Smith (NJ) U.S. District Court for the District of Massa- LoBiondo Pease Smith (OR) Mr. DIAZ-BALART. Mr. Speaker, had I been chusetts and directed to the Committee’s Lofgren Pelosi Smith (TX) present for the vote on H. Res. 361, a resolu- Lowey Peterson (MN) Smith, Adam ‘‘Keeper of Records.’’ Lucas Peterson (PA) Smith, Linda tion calling for free and impartial elections in After the consultation with the Office of Luther Petri Snowbarger Cambodia, I would have voted ``aye''. General Counsel, the Committee has deter- Maloney (CT) Pickering Snyder f mined that compliance with the subpoena is Maloney (NY) Pickett Solomon not consistent with the precedents and privi- Manton Pitts Souder REMOVAL OF NAME OF MEMBER leges of the House and, therefore, that the Manzullo Pombo Spence subpoena should be resisted. Markey Pomeroy Spratt AS COSPONSOR OF H.R. 1415 Sincerely, Mascara Portman Stabenow Mr. DREIER. Madam Speaker, I ask Matsui Price (NC) Stark JAMES V. HANSEN, McCarthy (MO) Pryce (OH) Stearns unanimous consent that my name be Chairman. McCarthy (NY) Quinn Stenholm withdrawn as a cosponsor of H.R. 1415. f McCollum Radanovich Stokes The SPEAKER pro tempore (Mrs. McCrery Rahall Strickland SPECIAL ORDERS McDermott Ramstad Stump EMERSON). Is there objection to the re- McGovern Rangel Sununu quest of the gentleman from Califor- The SPEAKER pro tempore (Mr. McHale Redmond Talent nia? SHIMKUS). Under the Speaker’s an- McHugh Regula Tanner There was no objection. nounced policy of January 7, 1997, and McIntosh Reyes Tauscher McIntyre Riggs Tauzin f under a previous order of the House, McKeon Riley Taylor (MS) the following Members will be recog- McKinney Rivers Taylor (NC) AMENDMENT PROCESS FOR H.R. nized for 5 minutes each. Meehan Rodriguez Thomas 3246, THE FAIRNESS FOR SMALL Meek (FL) Roemer Thompson The SPEAKER pro tempore. Under a Meeks (NY) Rogan Thornberry BUSINESS AND EMPLOYEES ACT previous order of the House, the gentle- Menendez Rogers Thune OF 1998 woman from California (Mrs. Metcalf Rohrabacher Thurman TAUSCHER) is recognized for 5 minutes. Mica Ros-Lehtinen Tiahrt (Mr. DREIER asked and was given Millender- Rothman Tierney permission to address the House for 1 (Mrs. TAUSCHER addressed the McDonald Roukema Torres minute.) House. Her remarks will appear here- Miller (CA) Roybal-Allard Towns Mr. DREIER. Madam Speaker, the Miller (FL) Royce Traficant after in the Extensions of Remarks.) Minge Ryun Upton Committee on Rules is planning to f Mink Sabo Velazquez meet next week to grant a rule to limit Mollohan Sanchez Vento The SPEAKER pro tempore. Under a the amendments which may be offered previous order of the House, the gentle- Moran (KS) Sanders Visclosky to H.R. 3246, the Fairness for Small Moran (VA) Sandlin Walsh woman from Florida (Ms. ROS- Business and Employees Act of 1998. Morella Sawyer Wamp LEHTINEN) is recognized for 5 minutes. Murtha Saxton Waters Any Member who wishes to offer an Myrick Scarborough Watkins amendment should submit 55 copies (Ms. ROS-LEHTINEN addressed the Nadler Schaefer, Dan Watt (NC) House. Her remarks will appear here- Neal Schaffer, Bob Watts (OK) and a brief explanation of the amend- Nethercutt Schumer Waxman ment by 2 p.m. on Monday, March 23rd, after in the Extensions of Remarks.) Neumann Scott Weldon (FL) to the Committee on Rules, room H–312 f Ney Sensenbrenner Weldon (PA) Northup Serrano Weller of the Capitol. The SPEAKER pro tempore. Under a Norwood Sessions Wexler H.R. 3246 was ordered reported by the previous order of the House, the gentle- Nussle Shadegg Weygand Committee on Education and the woman from the District of Columbia Oberstar Shaw White Workforce on March 11th, and the re- (Ms. NORTON) is recognized for 5 min- Olver Shays Whitfield Ortiz Sherman Wicker port is expected to be filed Wednesday. utes. Owens Shimkus Wise Amendments should be drafted to the Ms. NORTON addressed the House. Oxley Shuster Wolf text of the bill as reported by the Com- Her remarks will appear hereafter in Packard Sisisky Woolsey Pallone Skaggs Wynn mittee on Education and the Work- the Extensions of Remarks.) Pappas Skeen Young (AK) force. Until the report is available in f Pascrell Skelton Young (FL) the document room, copies of the text Pastor Slaughter of the bill as reported can be obtained TRIBUTE TO COLONEL PAUL G. NAYS—1 from the Committee on Education and UNDERWOOD Paul the Workforce. The SPEAKER pro tempore. Under a previous order of the House, the gen- NOT VOTING—37 Members should use the Office of Legislative Counsel to ensure their tleman from North Carolina (Mr. Andrews Hastert Obey Bilbray Herger Parker amendments are properly drafted and JONES) is recognized for 5 minutes. Borski Hunter Porter should check with the Office of Parlia- Mr. JONES. Mr. Speaker, I rise to- Cannon Hutchinson Poshard mentarian to be certain their amend- night in honor of a great American, an Collins Inglis Rush ments comply with the rules of the American who has returned home to be Costello Kennedy (MA) Salmon Crane Largent Sanford House. buried in his beloved country. Colonel Davis (IL) Lipinski Schiff f Paul G. Underwood was not only a Diaz-Balart Martinez Stupak great American, he was also a beloved Dunn McDade Turner COMMUNICATION FROM THE Fawell McInnis Yates son, a brother, a husband, father and Gonzalez McNulty CHAIRMAN OF THE COMMITTEE friend, who served our Nation as a Gutierrez Moakley ON STANDARDS OF OFFICIAL brave pilot and who ultimately made CONDUCT the supreme sacrifice in the name of b 1835 The SPEAKER pro tempore laid be- freedom. So (two-thirds having voted in favor fore the House a communication from Colonel Underwood began his mili- thereof) the rules were suspended and the Chairman of the Committee on tary career by enlisting in the United the resolution, as amended, was agreed Standards of Official Conduct: States Marine Corps Reserve and then to. COMMITTEE ON STANDARDS later transferring to the Air Corps. A motion to reconsider was laid on OF OFFICIAL CONDUCT, After attending school at Northrop the table. Washington, DC, March 16, 1998. Aeronautical School, he joined the Air Hon. NEWT GINGRICH, Force where his flying duties led him f Speaker, House of Representatives, to the F–105 Thunderchief. Washington, DC. Through the course of his distin- PERSONAL EXPLANATION DEAR MR. SPEAKER: This is to formally no- tify you, pursuant to Rule L (50) of the Rules guished military career, Colonel Mr. HASTERT. Mr. Speaker, on roll call no. of the House of Representatives, that the Underwood earned a number of awards; 55, I was out of town attending a wake. Had Committee on Standards of Official Conduct including the Distinguished Flying I been present, I would have voted yes. (‘‘Committee’’) has been served with a grand Cross, an Air Medal with four Oak Leaf March 17, 1998 CONGRESSIONAL RECORD — HOUSE H1211

Clusters, a World War II Victory I salute Colonel Paul Underwood, a THURMAN, FRED UPTON, DIANA Medal, a Vietnam Service Medal and a true American hero, and his family and DEGETTE, ELIOT ENGEL, SHEILA JACK- Purple Heart. all those who have fought and died and SON-LEE, we also had the head of the Prior to 1966, his war service to our suffered loss in the name of freedom. National Democratic Committee, Roy Nation included World War II and The men like Colonel Underwood have Roman, and Jim Nicholson, the Repub- Korea, with 201 combat missions. In truly given this Nation its strength. lican National Committee chair. January of that year, Colonel Under- Let us never forget their sacrifices, Mr. This trip was to be part of a dialogue wood was deployed to Vietnam from Speaker. And God bless America. on race, which was sponsored by Faith Seymour Johnson Air Force Base in f and Politics Institute under the leader- eastern North Carolina. While there, he The SPEAKER pro tempore. Under a ship of Doug Tanner. These Members bravely and nobly performed 22 combat previous order of the House, the gentle- decided to travel to Birmingham to the missions. woman from Connecticut (Ms. site of the 16th Street Baptist Church Unfortunately, on March 18th, 1966, DELAURO) is recognized for 5 minutes. and visit the church where four little Colonel Underwood’s F–105 Thunder- girls were killed by a bomb on Septem- (Ms. DeLAURO addressed the House. chief was shot down. He was then listed ber 15, 1963, and from there to visit the Her remarks will appear hereafter in MIA for 12 long years and was ulti- Civil Rights Museum and to see some the Extension of Remarks.) mately declared dead. The Underwood of the historic sites that changed family was forced to suffer not only f America. with a tremendous and almost unbear- The SPEAKER pro tempore. Under a From there we traveled to the City of able loss, but also with a great deal of previous order of the House, the gentle- Montgomery, where we had an oppor- uncertainty. It was not until recently woman from Maryland (Mrs. MORELLA) tunity to visit the Dexter Avenue Bap- that Colonel Underwood’s remains were is recognized for 5 minutes. tist Church that Martin Luther King, recovered in North Vietnam. (Mrs. MORELLA addressed the Jr., was called to pastor in 1954 and Yesterday, 32 years to the date of his House. Her remarks will appear here- where he led the successful Montgom- death, I had the honor and privilege to after in the Extensions of Remarks.) ery bus boycott. have the humbling experience of at- f We had an opportunity while we were tending Colonel Underwood’s funeral at in Montgomery to visit former Gov- Arlington National Cemetery. Mr. The SPEAKER pro tempore. Under a previous order of the House, the gen- ernor George Wallace and to talk with Speaker, I cannot express in words him, to shake his hand, to tour the what this experience meant to me. So tleman from New Jersey (Mr. PALLONE) is recognized for 5 minutes. capitol in the City of Montgomery, to many, far too many, young Americans visit the Civil Rights Memorial there (Mr. PALLONE addressed the House. have been seriously wounded and have and travel from Montgomery on early His remarks will appear hereafter in even given their lives for this country. Sunday morning to the City of Selma, the Extensions of Remarks.) So many families have suffered. where we attended service at the I would like to take this opportunity f Brown Chapel A.M.E. Church. And tonight to recognize and honor Colonel The SPEAKER pro tempore. Under a later we had lunch that was sponsored Underwood and his family and all those previous order of the House, the gen- by the mayor of Selma, Mayor who have sacrificed and have either tleman from California (Mr. RIGGS) is Smitherman. lost their own lives or lost a loved one recognized for 5 minutes. In 1965, 33 years ago, in the City of in service to this Nation. (Mr. RIGGS addressed the House. His Selma only 2.1 percent of blacks of vot- b 1845 remarks will appear hereafter in the ing age were registered to vote. In one Ms. Gloria Underwood is a role model Extensions of Remarks.) county between Selma and Montgom- to us all. She is a remarkably strong f ery, Loundes County, that we traveled person who, despite suffering through The SPEAKER pro tempore. Under a through on our way to Selma, in 1965 an almost unbelievable ordeal for 32 previous order of the House, the gen- that county was more than 80 percent African-American. There was not a sin- years now, managed to rise above tleman from Oklahoma (Mr. ISTOOK) is many difficulties and to raise a fine recognized for 5 minutes. gle registered African-American voter. But today in Selma in Loundes County family. I thank her from the bottom of (Mr. ISTOOK addressed the House. my heart for including me in yester- in the State of Alabama we have wit- His remarks will appear hereafter in nessed unbelievable changes. It is a dif- day’s very special service. the Extensions of Remarks.) I would like also to remind the ferent State. It is a different place. Underwoods and all families who have f What I would like to do now, Mr. faced similar tragedies that, as sorrow- The SPEAKER pro tempore. Under a Speaker, is to yield to the gentleman ful and difficult as the loss of a loved previous order of the House, the gen- from New York (Mr. HOUGHTON), my one in service must be, it is not in tleman from Florida (Mr. MICA) is rec- colleague and the co-chair of the Faith vain; it is for America and for all her ognized for 5 minutes. and Politics Institute and one of the future generations. Brave soldiers like (Mr. MICA addressed the House. His real leaders of this whole Dialogue on Colonel Underwood are the Nation’s remarks will appear hereafter in the Race. strength. Extensions of Remarks.) Mr. HOUGHTON. Mr. Speaker, I The words are best expressed in the f thank the gentleman for yielding. following lines written by Ralph Waldo I am, obviously, honored and really Emerson in his poem, ‘‘A Nation’s DIALOGUE ON RACE moved to be here, as I was when we Strength,’’ and I quote, The SPEAKER pro tempore. Under went on that extraordinary weekend. I Not gold but only men can make a people the Speaker’s announced policy of Jan- think we all sort of feel that we walk great and strong; men who for truth and hon- uary 7, 1997, the gentleman from Geor- in the shadow of JOHN LEWIS. We can or’s sake stand fast and suffer long. Brave gia (Mr. LEWIS) is recognized for 60 reconstruct history. We can read about men who work while others sleep, who dare minutes as the designee of the minor- it. But to be part of history with a man while others fly, they build a nation’s pillars ity leader. like JOHN LEWIS, who was there and deep and lift them to the sky. Mr. LEWIS of Georgia. Mr. Speaker, who suffered all the humilities and the Mr. Speaker, an American hero has I called a special order tonight with a physical beatings and the agonies of returned home to his family and a bipartisan delegation, Members of Con- those times was really something. grateful nation to take his place gress that traveled from Washington to I mean, I do not think I will ever get among the many war heroes that are Birmingham, Montgomery, and Selma over it. As I mentioned to Mr. LEWIS, it buried at Arlington National Ceme- during March 6 through the 8th. Along was almost like my trip to the Holy tery. He rose and fought and died for with Members of the Congress that in- Land. It was a religious experience. the many freedoms that we too many cluded AMO HOUGHTON, EARL HILLIARD, This was a group that did not have any times take for granted. SHERROD BROWN, TOM BARRETT, KAREN legislative program. We did not want H1212 CONGRESSIONAL RECORD — HOUSE March 17, 1998 to start any new government project. effect and took them back into our dis- others in the civil rights movement But we wanted to deal honestly with tricts. There were meetings all over forgave people that wanted to wrong ourselves. And I think Mr. LEWIS will the country. them, it really did begin to change the agree that we did that. I know that he We started talking race, but we hearts of those people who would either has always tried to deal honestly with ended up talking about ourselves and hit them with sticks or tromp them us, and I hope we were able to do this our children and our families and our with horse’s hooves or giving political with him and some of his associates communities. But we were being hon- orders to attack or to assault, those down there. est about it. It was an extraordinary people’s hearts were changed as the It was extraordinary to see the peo- transformation. I give that credit to gentleman from Georgia and others ple who were associated there. There this distinguished man standing over forgave. was a wonderful lady. I call her lady here, the gentleman from Georgia (Mr. That is really maybe the most re- now. But in those days, 30 years ago, LEWIS). We are the better for it. markable part about the week and the she was a young girl; and when the con- In ending, I would just like to say, al- most remarkable part about the civil ditions got very sad, she would break though most of us were not there with rights movement is the mayor of into song and pull everybody’s spirits you at that time, I hope we can follow Selma, Alabama, who is a very impres- up. She did it with us. worthily where you have led the way. sive gentleman, who is now 68 years Really, it was a pilgrimage that we Mr. LEWIS of Georgia. I thank the old, 34 years ago, he was elected mayor. went through in going to those three gentleman from New York (Mr. HOUGH- Several weeks later, he met the gen- extraordinary cities, going to the Civil TON) for those words. I think this is tleman from Georgia. He at that time only a beginning toward us building Rights Museum, seeing that extraor- called JOHN LEWIS a rabble-rouser and dinary civil rights piece of sculpture that beloved community and moving a troublemaker. Today, this past week- toward laying down the burden of race. which Maya Lyn did, similar to the end, at lunch, he called JOHN LEWIS one That is why the dialogue must con- Vietnam Memorial. of the most, if not the most, coura- I think the thing that meant almost tinue. I yield to my friend and colleague, geous person he had ever met. as much to me was just being with this This man had a wonderful capacity the gentleman from Ohio (Mr. BROWN). man here and listening to him. Let me Mr. BROWN of Ohio. I thank the gen- to change and open his heart up as peo- give my colleagues just a couple of tleman from Georgia (Mr. LEWIS) for ple like the gentleman from Georgia statements. yielding. I very much appreciate the had the same capacity to forgive and JOHN said in our meeting at the air- opportunity to say a few words tonight. saw bringing together the races. port when we were about to return, he Especially, even more, I appreciated The best part about all of that is that said, the opportunity to be part of a remark- we, for the first time in many people’s You know, there are two things that sort able weekend in Montgomery and Bir- lives that were in this trip, we heard of come to mind here. First, every so often mingham and Selma. African-Americans talk honestly about there is an issue, it is an important issue, it I was there with my mother, who what it is like to be black, and then is usually a social issue. And if you feel grew up in a small town in Georgia, blacks were able to listen to white peo- strongly about it and there is an element of and with my daughter Emily, who is 16. ple talk about what it is like and to evil to it, you have got to stand in the way To watch the interaction between the really communicate with each other, of it, you have got to stand in the way of it. something that we clearly do not do And those of us who look at it and walk two of them was remarkable in this around it and walk on about our daily lives, kind of situation. enough of in this country. it is really a cop-out. Margaret Mead once said many, So it was a remarkable time in the many years ago that grandparents tend 1960s and throughout the civil rights And that is, of course, what hap- to impart wisdom to their grand- movement and the last 200 years, but a pened. It was extraordinary to see the children; that knowledge in this soci- particularly remarkable time as things people who stood in the way of the civil ety is passed from grandparent to began to more rapidly change. I think rights issue. grandchildren. all of us, African-Americans and The other thing that I think that the So for my 16-year-old daughter Emily whites, on this trip were all changed gentleman from Georgia (Mr. LEWIS) to listen to my mother talk about for the better. was talking about, and some of us were drinking fountains in the South that b 1900 saying, how could you have been so pa- said white and said colored, the white tient? People were literally mauling drinking fountain was much nicer and Mr. LEWIS of Georgia. Mr. Speaker, them and beating them up. All the peo- newer than the drinking fountain re- I yield to the gentleman from Michigan ple we had talked to had been through served for African-Americans, and to (Mr. UPTON), who was also part of our the same experience. How could you spend these 3 days with the gentleman trip to Selma. show such restraint? from Georgia (Mr. LEWIS) in Selma and Mr. UPTON. I thank the gentleman The gentleman from Georgia said, Montgomery and Birmingham, to see for yielding. I just want to say I was you know, we thought about that. I what happened to him in these periods very pleased to have joined this bipar- think it was every Tuesday night, we in 1965 and really in the many years in tisan effort, certainly not only as a Re- used to have these sessions of training the 1960s when he was so much a part of publican but more as an American, to prior to the march. We were taught to the civil rights movement, so much a actually have walked in the footsteps consider the people out there who were leader in the civil rights movement. and to see some of those struggles. For full of so much venom and hate not as But what comes through more than me growing up in Michigan, never hav- our enemies, we did not have time to anything that my mother and my ing really been to the South, never cer- hate people, but as victims of a culture daughter and all of us that were part of tainly been to Alabama until this that they did not have any part of; this pilgrimage to Alabama, what we weekend, two weeks ago, it was an they could not control themselves. all saw was the ability, the capacity amazing, extraordinary adventure for So with that, those two themes, the for forgiveness. People that were lit- me. As I think about my district, di- idea of standing in the way of some- erally trying to kill JOHN LEWIS, people verse in so many needs and issues, thing, standing up, doing something that were beating, beating with sticks, whether rural and urban, about it permanently, and that also or were giving political orders or what- industrialwise, in agriculture and di- doing it in this marvelous sense that ever to hurt people like JOHN LEWIS. verse too in ethnicity, this was a very Dr. Martin Luther King epitomized so And to end this movement, that the important trip for me, not only to un- well, it did something to us. It was far gentleman from Georgia and others in derstand some of the divisions that ex- beyond just the race issue. the civil rights movement, people like isted not only in the North but to see I think the interesting thing, if I can the gentleman from Alabama (Mr. the real footsteps that the gentleman talk just a second more autobiographi- HILLIARD), were able to have a capacity from Georgia (Mr. LEWIS) led in the cally, that we took these dialogues on to forgive in a situation like that. South. race and the discussion which the It is a remarkable thing that, as the As the gentleman from New York Faith and Politics Institute put into gentleman from Georgia forgave and as (Mr. HOUGHTON) indicated before, March 17, 1998 CONGRESSIONAL RECORD — HOUSE H1213 though there were many of us that of those girls was my age when she was Mr. LEWIS of Georgia. Mr. Speaker, were sad that we were not with him blown to bits. I remember it very, very I yield to the gentleman from Wiscon- back in the 1960s, for me I had an ex- vividly, hearing about it on the news. sin (Mr. BARRETT). cuse as I might have been 7 years old, To be in the Dexter Avenue Baptist Mr. BARRETT of Wisconsin. Mr. we want to finish this trail with the Church in Montgomery, where Dr. Mar- Speaker, I think all of us felt the same gentleman from Georgia. As we trav- tin Luther King was the minister, was way, all of us who were on this week- eled this way and spent substantial really a feeling to behold. To go to end. It was probably one of the most, if time not only on the bus talking about Selma and to actually go over that not the most, amazing weekend I have the trials and tribulations that he went bridge and to understand where history spent in my 51⁄2 years in Congress. We through, but I know that for sure the was made, on the highway past the all fashion ourselves as busy people, dozen of us that were there are indeed spot where Viola Liuzzo was gunned sometimes we are too busy to take the much closer as Americans and as Mem- down and to see all these other places time to talk to each other, to get to bers of this House in respecting those that we read about, that we heard know each other but, more impor- convictions that all of us have for each about, I was a little too young at the tantly, we do not take the time to re- other and our views and our districts time to be able to make the trip down flect and find out from our back- that each of us represents. As the gen- but I was old enough to understand grounds what we can do to bring us to- tleman from New York (Mr. HOUGHTON) what was happening. gether. For me this was just a weekend I will indicated, it was a religious experience. I remember the first time I ever went never forget my entire life. Going down One cannot describe it, certainly in the to the South in 1967 with two friends to Alabama for the first time in my hour that we have here tonight, but in and saw the signs, the segregated signs, life, traveling with the gentleman from discussions certainly the Faith in Poli- and could not believe that this was a Alabama (Mr. HILLIARD) through his tics Institute began several months part of America. I think what one of district, he was a wonderful host, and ago, as we see these unfold in the fu- our colleagues said, which is the genius with the gentleman from Georgia (Mr. ture. We love him. We love all that he of JOHN LEWIS, is how can someone go LEWIS). Someone remarked the week- did for America and for this House in through what he went through and end was a lot like taking a history terms of his leadership then and now. emerge not only as a person who is not course taught by the professor who cre- We certainly look forward to walking bitter but as a person who understands ated the history, because JOHN LEWIS this path with him, with all Ameri- the necessity of trying to bring people was such an integral part of this. For cans, as we try and end hatred and rac- together and who continues to do that me to go home and tell my family and ism and things that sadly exist in far more than any other person that I my friends what an amazing weekend too many homes across this country. know. It was just an honor for me and it was really is going to have an im- Mr. LEWIS of Georgia. Mr. Speaker, also a tribute, I think, to the gen- I yield to the gentleman from New pact. tleman from Georgia (Mr. LEWIS) and For me there were several things York (Mr. ENGEL). also just to be a part of it, to under- Mr. ENGEL. I thank the gentleman that really jumped out. Probably the stand what this means to the United from Michigan for yielding to me. I was part that I will remember the most is States, the greatest country in the very privileged to also be part of the when we went to visit former Governor world, we are honored and we are privi- delegation which went with the gen- George Wallace. The number of us, I leged to serve in the United States tleman from Georgia (Mr. LEWIS) to think, northern Democrats when we Congress representing the greatest Alabama, to Birmingham, Montgomery went into the room, he is not a person country in the world, but we learn and to Selma. It was as my colleagues that in my neck of the woods was a again from our past. have mentioned, a very, very moving person that I grew up respecting in all experience. It was especially moving We know in the United States so honesty. But when I saw JOHN LEWIS for me, Mr. Speaker. many diverse people, coming together, and EARL HILLIARD go up and greet I represent a district, a very diverse living together, we are all Americans, him, I thought, well, if they have room district in New York which is about a we have different backgrounds. That is in their heart for forgiveness, I should third African-American, a third His- the genius and the greatness of our have room in my heart for forgiveness panic and a third white. We know bet- country, trying to bring people to- as well. But it was not something that ter than most people that people have gether, trying to accentuate the simi- came easy. For me to see the remark- to live together and people have to larities in people rather than trying to able degree of calmness that was dis- work together. I think there is nothing accentuate our differences. That is played and has been displayed by the that better personifies that than the what I try to do in my district in New gentleman from Georgia (Mr. LEWIS), civil rights struggle. York. I know the gentleman from again I went home and remarked to my To my right is a picture of us in Georgia (Mr. LEWIS) has been doing it wife, ‘‘This is an amazing guy. He Montgomery, Alabama joining hands, for his entire life. I just want to say to shows no anger, he shows no bitter- locking hands and singing We Shall my colleague from Georgia that it was ness.’’ I do not know that there are Overcome at the Southern Poverty an honor and a privilege being with many people in this world who could Law Center. It was one of the very him that weekend in Alabama. It is an have done what he did and not showed moving moments of the trip. Believe honor and privilege serving with him. any anger or bitterness. Someone else me, there were many, many moving We need to all move forward and to said to me, he was 21 years old or 22 moments at the trip, the feeling of continue to bring people in this great years old when he did this. Would you working together and being together country together. The people who did have had the courage to do that when and joining in the struggle for civil this 33 years ago and 35 years ago and you were 21 or 22? I said, ‘‘I don’t know rights together. Although people like before that in the civil rights move- that I would have the courage to do it the gentleman from Georgia (Mr. ment are truly the people who made now.’’ Because he was putting his life LEWIS), whom I refer to as a real Amer- this country better for all of us. on the line and all the people who were ican hero and the gentleman is a real Again, we still have a long way to go involved in this struggle were putting American hero and it is an honor to be and we have to keep being resolute in their lives on the line. As we have sat his colleague and to be in the House saying that in this country we need to around, and we have for several eve- with him, the fact of the matter is we continue to have dialogue. I commend nings talking about our backgrounds, I have come a long way in the United President Clinton for his dialogue on and the gentleman from Michigan (Mr. States in terms of race relations. But race. We need to learn from the past UPTON) and the gentleman from Ohio obviously we still have a long, long and we need to move forward for the (Mr. BROWN) and some of the younger way to go. We can learn from the past. future. I was honored and privileged to Members here, I felt a little, I do not The past can help us learn and prepare be part of the delegation. I look for- want to say unworthy but I did not for the future. To be down in Alabama ward to a continuing dialogue in mak- have the same shared experience be- at the 16th Street Baptist Church with ing race relations in our great country cause people who were 10 or 15 years those 4 little girls who were killed, one better and better and better. older than I had gone through lot of H1214 CONGRESSIONAL RECORD — HOUSE March 17, 1998 this. So as we went around the room tion’s past, so that they would have a Mr. HILLIARD. Mr. Speaker, the and people said what they were doing chance to learn about it and hopefully gentleman, by the way, I believe, had at this period, I was in the third, fourth to have such an appreciation until they been a member of that church for some or fifth grade, I was probably playing would dedicate themselves to freedom 93 years; he was that old. He takes softball or something like that. I did for everyone, so that it would never credit for bringing Dr. King there, and not have a shared experience. I did not happen again in America. indeed, he deserves the credit. But he know whether I had anything I could The treatment that you receive and also deserves the credit for changing add to this conversation. But as I left others in trying to cross the Selma- the history of this country, and for that weekend, what I probably came Montgomery Trail, in trying to cross that I am thankful. away with more than anything is that the Edmund Pettus Bridge and in walk- Mr. LEWIS of Georgia. Mr. Speaker, this is not a struggle that is over, this ing from Selma to Montgomery was in- I think this particular deacon, as head is not even a struggle that has been re- humane and it was not the type of of the deacon board, he made a great solved in a way that people can say, treatment that Americans are used to. contribution, and I think when histo- ‘‘Well, let’s move on to something It is a thing of the past. It is something rians pick up their pens and write else.’’ It is a struggle for human beings that we should never forget, but it was about this period, they would have to to get to know each other and to try to the past. When we reflect back, when say that this one man had the insight, shed our differences and try to find out we look at what took place, it gives us the vision, to go to Atlanta, as the gen- what we have in common. For that I an opportunity to see what happened tleman from Ohio (Mr. BROWN) sug- thank the gentleman from Georgia and to keep it before the public so that gested, and convince Dr. King not to go (Mr. LEWIS), I thank the gentleman never again will it be a part of our his- to Chattanooga, Tennessee, but to from New York (Mr. ENGEL), I thank tory, not to any minority, not for any come to Montgomery, Alabama. That the gentleman from Alabama (Mr. reason, so that we could really enhance is something I think from time to time HILLIARD), I thank the gentleman from the democracy that we have. in human history, call it what you Ohio (Mr. BROWN), the gentleman from may, it may be the spirit of history, b 1915 New York (Mr. HOUGHTON), the gen- that tends to track one down, and so tleman from Michigan (Mr. UPTON), the So having the opportunity to have so Martin Luther King, Jr., was there at gentlewoman from Florida (Mrs. THUR- many congressional types in our Ala- the right time in the right city to MAN), the other people who were on bama on such an occasion was indeed a change not just Alabama, the South, this trip because I think it helps us all good experience, not only because of but the Nation. grow. I think what this institution the presence of my colleagues, but be- I think because of what happened in needs is to talk to each other and try cause of the fact that we had a chance Montgomery, in Birmingham, in to come together. to visit George Wallace; we had a Selma, we have witnessed what I like Mr. LEWIS of Georgia. Let me just chance to dialogue with the head of the to call a nonviolent revolution. We live add before the gentleman from Ala- two major parties in this country, and in a different country, a better coun- bama (Mr. HILLIARD) speaks, just to they had a chance to participate. try, and we are a better people. I think thank him again for being such a great So it was really enjoyable and edu- we saw that. We saw the changes in host. We were in his district the entire cational, having all of my colleagues Selma. We saw it in Birmingham when time in Birmingham, in Montgomery, there. We appreciate you. We invite a middle-aged man walked up to me in Selma. We want to thank the gen- you back. We want you to come, and and said, I want to apologize for what tleman. we want to go to the next level the happened here a few years ago. I am Mr. HILLIARD. I thank the gen- next time. We will be talking about sorry. And I think that is very much in tleman from Georgia (Mr. LEWIS) very that in the coming months. Hopefully, keeping with the philosophy and the much. Let me thank all my colleagues. we will do it from this podium. discipline of nonviolence which was It was indeed a privilege and a pleasure Mr. BROWN of Ohio. Mr. Speaker, very much a part of the movement. for us to entertain you and to walk one of the lighter moments of the trip, Mr. BROWN of Ohio. Mr. Speaker, I back into history with you. The civil perhaps, was we met the fellow, I be- want to yield to the gentleman from rights movement presented a difficult lieve Deacon McNair, in the church, Milwaukee, Wisconsin (Mr. BARRETT) thing for our Nation at a very difficult and we will put his picture up in a mo- in a moment because he tells the story time, but it was Americans like the ment. He is, I believe, 89 years old, he so well, but we tend to lose sight, I gentleman from Georgia (Mr. LEWIS) told us, sort of soft-spoken, a slightly think, people that are Northerners and that made the difference. To walk back built man, who told us as he ran especially people that are white, people into history with him and with a few of through sort of the history on the wall, who have not paid as much attention the other people who participated in this was the church in Montgomery to the civil right movement, and we the civil rights movement at that time where, the Dexter Avenue Church lose sight of the fact that this was and to walk back with colleagues of where Dr. King was called. And he told made up of a lot of very young people mine who had not participated but who us the story that in 1954, I believe, that are leaders in this room. JOHN had a chance to see firsthand some of when Dr. King would have been 24 LEWIS, when he led the freedom riots, the things that took place, the films years old, 1953, I guess he would have was 21 years old, when he knew he was we saw, the movies, the videos, being been 24 years old, and he had already going to get beat up on the bus when able to once again cross the Edmund accepted his first church, his first call- the bus arrived in Montgomery. Martin Pettus Bridge, being able to walk ing at a church in Chattanooga, and Luther King was 24 years old when he through the Civil Rights Museum in this gentleman in Montgomery decided took his church, and during the bus Birmingham, Alabama, and to visit the that he was going to do something boycott he was 26 years old, and what Civil Rights Institute was indeed some- about that. So he drove his car over to all of that meant and how he won the thing that does not happen often. We Atlanta and met with Dr. King’s par- Nobel Prize at 35 and was killed at 39. were pleased to have all of you walk ents and Dr. King and convinced him He was such a young man during all of what we call the Civil Rights Trail in not to go to Chattanooga, but instead this. My friend from Milwaukee has a Alabama. We did not get a chance to to go to Montgomery. So he changed story about a man that was very, very walk all of it. We did not get a chance history when he did that. young and showed more courage than to even walk the majority of it. But I see the gentleman from Alabama perhaps most of us have in our lives the most important thing, we were (Mr. HILLIARD) laughing, because I combined. there and because you came, the press imagine he was an old friend of his. But Mr. BARRETT of Wisconsin. Mr. came, and we had a chance for America it was a wonderful story, and Dr. King Speaker, it starts as we were riding the to look back at its past, to recall some only had one church in his life that he bus from Montgomery to Selma, during of the terrible events that took place, was the pastor of, the church in Bir- the hour-and-a-half bus ride, or what- and hopefully to enlighten some of the mingham on Dexter Avenue, and this ever the time period was, we were young people who were not born 33 man was the gentleman responsible for shown one of the PBS series, Eye on years ago, who did not know of our Na- getting him there. the Prize, and in the segment that March 17, 1998 CONGRESSIONAL RECORD — HOUSE H1215 dealt with Selma, it was a segment tant for the young people in this coun- King came, as you called him those 3 where there were probably 15 or 16 try to know the price people paid for weeks later, these words are very much young people who had sort of broken the right to vote only 30, 35 years ago of meaning to me. He indicated that it loose from a curfew and were walking in this country. was Selma that became a shining mo- to the courthouse, and they were walk- So it was great trip. We were also ment in the conscience of man. A con- ing to the courthouse to make their joined by the gentlewoman from Texas frontation of good and evil compressed case for being able to register to vote, (Ms. JACKSON-LEE) who was there, and in the tiny community of Selma gen- and they were stopped by, I think it maybe the gentlewoman wants to add erated the massive power to turn the was the sheriff, the sheriff from the her thoughts on the weekend. whole Nation to a new course. I do not area. Ms. JACKSON-LEE of Texas. Mr. know if people realize the fact that Mr. LEWIS of Georgia. Mr. Speaker, Speaker, I thank the gentleman very Mayor Smitherman seems to join you one of the deputy sheriffs. much. This obviously is a moving time every year, and again he offered his Mr. BARRETT of Wisconsin. Mr. for all of us. My thoughts were that I deepest apologies and camaraderie and Speaker, one of his deputies, and it was actually went to Selma for several rea- emotional seeking of forgiveness. I ap- almost a humbling experience watch- sons; certainly to pay great tribute to preciated that and was warmed by ing this little exchange between this my friend and colleague, the gen- that. young man, who was a very small man, tleman from Georgia (Mr. LEWIS), and I would just simply say to my col- and he looked very, very young. And as to say to America, as he has said every leagues, I was very honored to be able I was watching it, I was, first of all, single year, that we will never forget. to be with you, and I hope that we will struck by how he could remain so calm And as we make that statement, which engage in some very vigorous discus- as this deputy sheriff threw racial slur, in some sense some people feel that sions and debates about race. I hope racial slur, racial slur at him over and that is a harsh statement, I do not, but that as we talk this evening and bring over again, and he just did not lose his some do, that as we never forget, we about a sense of healing, that we real- cool. He stood there and took it and will continue to try to draw more peo- ize that healing has to come from ac- asked the questions about do you be- ple into the circle of friendship and hu- knowledgment and truth. lieve in justice, do you believe in pray- manity to understand how it is so very Just recently we saw in the polls that er, can we pray together, and over and important to bring about racial har- race and discrimination is still one of over again this deputy sheriff was say- mony; not words that are redundant the most divisive aspects of our soci- ing terrible things to him, things that without substance, but that racial har- ety. And if we learn nothing from the would have made me just lose it. mony in this country is so very impor- experience of the gentleman from Mr. LEWIS of Georgia. Mr. Speaker, tant. Georgia (Mr. LEWIS) and all who were he told him to go to his own church The courageous effort that was made, so heroic that day, that sometimes you and pray; do not pray for me. first let me emphasize the small band have to make the unpopular choices Mr. BARRETT of Wisconsin. Mr. of soldiers who marched initially where there are a few that will follow Speaker, he said, I do not think your across the Edmond Pettis Bridge when you, but in the ultimate end, the good prayers even get above your head. That the gentleman was actually brutalized will prevail. is one of the things that the deputy and turned back. That was not the so- So I hope as the Voter Rights Act sheriff said. I was struck by how calm called successful march, but it was the was eventually signed by President this young man was, and as I was march that gathered the attention of Johnson that allowed me to be where I watching this, I was thinking, I wonder America. am today, 6,000 or so African Ameri- whatever happened to this guy? How For us ever to forget those individ- cans who are now elected officials, but can this guy be so calm? I wonder what uals who in the course of coming to more importantly, the doors of oppor- happened to him the rest of his life? Selma lost their lives, the housewife tunity opened, President Johnson say- So we got off the bus and went in the from Detroit named Viola who came ing that their cause must be our cause, church, and we were greeted by some of and lost her life and several others too, because it is not just Negroes, but the people that had been involved, and came and tried to be part of this. The really, it is all of us who must over- lo and behold, one of the people was gentleman from Georgia (Mr. LEWIS) come the crippling legacy of bigotry this guy, and he got up and told the wound up in a hospital in the North be- and injustice, and we shall overcome. story from his perspective. And my cause of the experience that he had to So I thank the gentleman for yield- question was, what was going through encounter. But yet, as they marched ing, and I look forward to engaging in your mind at the time? And I said, across that bridge, they did not fail to more discussion, but I hope that we what was going through your stomach remember that it was what they did will be able to rise to accept the un- at the time? The thought that you that day that might trigger and turn popular choices to call racism and dis- could do this with this guy who just ob- the course of history. crimination where we find it, and to viously hated him so much, and he was So my experiences coming across the try to work to cure it with our broth- able, again with an incredibly peaceful bridge and hearing the gentleman from ers and sisters on the other side of the disposition; the exchange ended when Georgia (Mr. LEWIS) recount of the aisle, and most of all, prevail as JOHN he said, well, is my quarter not worth question that Josiah Williams asked as LEWIS prevailed in victory for a harmo- as much as your quarter? And the dep- to whether he could swim, I looked nious Nation. uty sheriff said, I do not want anything into that river, my brother, and it was b to do with your quarter, and get out. a muddy river, albeit a big river, and I 1930 Just to talk to this young man who is can imagine the choices, how many Mr. BARRETT of Wisconsin. I think no longer a young man, he is now in his times we have the fork in the road, if the question as we stand here is where forties and is still involved in trying to we might look at the New Testament, do we go from here. get people voting. what might have Jesus thought as he Ms. JACKSON LEE of Texas. Quite Probably one of the saddest parts of offered himself on the cross in the cru- simply, yes. this experience for me was coming cifix, what choices could he have made Mr. BARRETT of Wisconsin. All of us home the next day and going to visit a to turn back, and he did not. represent districts where we have peo- high school in my district, and bring- Frankly, I think that this was an- ple who want to heal and get together, ing up this visit that I had, and asking other singular moment in our history, but I think the challenge we have is, the kids if they knew what the Selma- to be able to gather at Brown Chapel how do we open up peoples’ hearts? Montgomery march was all about. And and sing with those individuals who How do we get them to understand they sort of had an inkling that it was were remembering to see Brown Chapel each other? something to do with civil rights, but honored as an historic place of worship, Mr. LEWIS of Georgia. Mr. Speaker, they did not know much beyond that. but also of leadership; to hear them I yield to the gentleman from Alabama I do not think we should live in the commit to the modern-day challenge (Mr. HILLIARD). past, but I do not think we should for- that we must still fight for those who Mr. HILLIARD. Mr. Speaker, I think get the past either. I think it is impor- do not have. I would say as Martin the challenge is definitely before us, H1216 CONGRESSIONAL RECORD — HOUSE March 17, 1998 how do we bring America together? I The capacity to absorb that violence each other, as some people have per- think this is the very beginning. is really what changed the hearts and ceived in some of these meetings that I don’t know whether Members had a minds of America. Perhaps if they had have been going on. Let us try to talk chance to really discuss the delegation, not been nonviolent, if there had been to each other, and let us find out where the diversity of it; but, if you recall, it guns or any kind of weapons or any we can find common ground. was bipartisan. We had Members of fighting back, the American public I leave the gentleman simply with an both parties, the Democrat as well as would not have seen the purity, if you encouragement. I hope, and I see my the Republican party. At the same will, of the gentleman from Georgia colleague, the gentlewoman from Flor- time, we had the heads of those two (Mr. JOHN LEWIS) and others, of their ida (Mrs. KAREN THURMAN). I hope we parties there; and the congressional motives and beliefs and cause. I think will look at this thing called the apol- delegation was a mixture not only of that really changed people’s hearts. ogy. When you say it, everybody sort of black and white Members of Congress, The Voting Rights Act passed 3 perks up with their views one way or but male and female. months later overwhelmingly, because the other. I thought this was a very beginning. of what my friend did; and as the gen- But let me say that I think an apol- It was a positive move. I think the peo- tlewoman from Houston, Texas (Ms. ogy for slavery is certainly one that ple we talked to gave us some insight JACKSON-LEE) said, it was LBJ’s would bring about a vigorous debate, of some of the changes that they had speech, ‘‘We shall overcome.’’ He would and I hope we would debate it not in made in their lives. I speak about Mr. not have been moved to say that if it anger but that we would get below the Smitherman, Governor Wallace. We had not been for the very strong, non- skin and really find out what makes also got to change some minds and violent, but strong actions, not weak. people tick, what hurts and helps hearts in America. Nonviolence is the strongest reaction, them, and how we can bring about a I think it is up to us as leaders, elect- because of the strength it takes to true healing, and after healing then ed officials, to create that type of envi- love, forgive, and to stand there and comes reconciliation. ronment. We need to start somewhere. take it, if you will. I look forward to working with my I cannot think of anyplace better to I think that is part of the answer to colleagues, and I am just delighted to start than here in the United States the question, I say to the gentleman be able to be here with them. Congress. from Wisconsin, to see both the worst Mr. Speaker, as I take my place here in the As the gentleman knows, from this and most brutal in people come out, well of the floor with my colleagues to speak podium some of us have said some and then to see the best come out in about my participation in the recent march in things against the opposite party, people’s reactions and the best come Selma, Alabama, I am reminded of the solidar- against opposite Members of this out in the strength and discipline and ity and strength of Congressman JOHN LEWIS Chamber, that perhaps should not have love. and the people who took those courageous been said; and oftentimes in heated de- It is also I think that we as a people steps 33 years ago. I found the experience of this recent March bates we lose our cool, as they say, and need to listen to each other. It is so to be a moving experience. There were those things do not come out as we expect for rare, as I saw the President’s race re- treat or town meeting in Akron, which who were there in 1965, and there were those them to or intended for them to. I I attended, not far from where I live. who could not be there in 1965. think we need to begin here. I think What came out there was that white I was touched by the faces of the people this is the very beginning. that I saw there on the bridge. In these faces I think we ought to come forth with people listened to African Americans talk about themselves, and African I saw hope, determination, and pride. And these types of colloquies every night, Americans listened to white people then I thought of the faces of those marching every week, or every month. I think we talk about themselves. in 1965. ought to do something to keep the That is something in this society, I imagined what led these marchers to gath- problems that underlie the real prob- that as integrated as we are on the sur- er together in Selma, Alabama in March of lems in America, the issues that under- face, we are not very integrated in 1965. The constant denial of civil rights, the lie the real problems in America, be- talking about our personal lives. attacking of innocent women and children, the fore the public. Whites work with blacks and blacks injustices that were routinely handed down by If we do not create a dialogue on a may be on a softball team with whites, a corrupt and racists judiciaryÐI say this be- continuing basis, those things that or they may hang around the drinking cause one year earlier on July 9, 1964, state harm us more, that hurt us more, will fountain together, or may even travel circuit judge James Hare issued a ruling which be pushed aside, and they will not be with them occasionally, but we do not had the effect of enjoining any group of more discussed. If you never discuss prob- have the kind of heart to heart discus- than three (3) people from meeting in Dallas lems, you never admit that there is a sions: what is my life like, Earl, what countyÐand the constant intimidation of not problem; you never solve it. So I think is your life like, and talk to each other just private citizens, but state and local offi- that we need to continue this dialogue. that way. So much of it is just simple cials. I think this is the very beginning. understanding that we really fail to do, I imagined what these marchers saw as Mr. BARRETT of Wisconsin. Mr. I think. they stood on the Edmund Pettus bridge. They Speaker, let me ask the gentleman Ms. JACKSON-LEE of Texas. If the saw the intimidating forces of the lawÐstate from Ohio (Mr. SHERROD BROWN), how gentleman will continue to yield, Mr. troopers and sheriff officersÐstanding, waiting do we get people to trust each other? Speaker, I think the gentleman really to savagely beat them after they crossed the What should we be doing? carved it out for us. Race and the dif- bridge. Mr. LEWIS of Georgia. Mr. Speaker, ferences with race have been so per- I imagined the hurt and humiliation that I yield to the gentleman from Ohio sonal that sometimes we have not these proud, non violent marchers must have (Mr. BROWN). reached below the skin, which is some- feltÐmarching towards freedom, only to be Mr. BROWN of Ohio. Mr. Speaker, we times painful. savagely attacked by dogs and police; to be saw people at their best and worst. We I want to thank Faith in Politics, the showered with tear gas; to be beaten with saw illustrations of that on that trip. institute that certainly brought us to- clubs as though they themselves were I see the pictures that were on na- gether. I want to thank the gentleman enslaved. tional television of the gentleman from from Alabama (Mr. HILLIARD) for I imagined the utter rage that must have Georgia (Mr. JOHN LEWIS) and Josea hosting us. gone through the minds of the people who Williams standing two by two as they I would like to challenge us to en- saw their sisters and mothers, fathers, and walked across the bridge, standing gage in these very personal discussions, brothers, beaten as though they were mere there with hundreds of people behind because they may translate into con- propertyÐto be treated simply as the property them, neatly lined up, off the street, on structive legislation. We are not saying owner saw fit. the sidewalk so they were not disturb- that legislation cures all, but to be I imagined the shock of the country as ing anybody; and the guard came at able to discuss these things and hear Americans watched on TV what African Ameri- them and the police came at them with both sides. cans had seen time and time again. night sticks and just started beating I think the gentleman’s point is well- As I stood with the marchers in Selma, Ala- them up, with horses. taken about we were sort of talking at bama this past weekend, I thought of the March 17, 1998 CONGRESSIONAL RECORD — HOUSE H1217 power of the momentÐthat this march actually LEWIS) for reliving a time in his life see this. They are a part of this healing occurred only 33 years ago and that here we that had to be one of difficulty but one process. They are reaching out right are, re-creating and reflecting on history. that also shaped who he is and what he now. They need to go back to their uni- It was Martin Luther King, Jr. who stated brings to this Congress today. So, versity campuses, and they need to that, JOHN, I appreciate that. talk about what they saw. They need Selma, Alabama . . . became a shining mo- I also give thanks to the gentleman to start the healing, even within their ment in the conscious of man . . . confronta- from Alabama (Mr. EARL HILLIARD), as own university campuses, with what tion of good and evil compressed in the tiny somebody who still lives there, rep- they are seeing. community of Selma generated the massive resents that area, and still has to live They said it just kind of tore down power to turn the whole nation to a new with the consequences, sometimes, for course. all of the things that they had thought The recent march in Selma was, for me, as the time spent. We appreciate the par- about what a homeless person was. So if we were telling those who marched in 1965 ticipation that you gave us and the the same thing hits. and the whole wide world that the civil rights bringing of people together. The second thing that struck me Mr. HILLIARD. I thank the gentle- movement is still moving. It is moving in the when we were at the museum, and they woman. hearts and minds of those of us who carry the talked about the city that had grown Mrs. THURMAN. When the gen- from iron. When you walked in there, torch and flame of justice and liberty in Amer- tleman talked about starting here in ica. It is moving in those of us who were not the first pictures you saw were black Congress, I think it is not only starting and white together talking about work old enough to march in 1965. It is moving in here in Congress as we try to mend those of us who greatly benefitted from the conditions, wage conditions, issues ourselves, between Democrats and Re- that united them because it was some- courageousness of those who were beaten by publicans. We have done Hershey, and the racist police as they tried to cross the Ed- thing that they could all understand we tried to bring some, whatever, some and believe in. mund Pettus bridge in 1965. It is moving in composure around here to keep us from the souls of those who support our efforts to And only until somebody decided to fighting so much and doing those kinds make it an issue and said, you cannot hold on to the civil rights that we fought for, of things. It is also the teaching of our and regain the civil rights that are slowly being play cards, you cannot look into their own children, the healing within our eyes, you cannot do this, you cannot do taken away by renegade courts in America. own hearts, with our own children, The march in Selma thrust this country for- that, the hatred was never there. The starting there from a very young age. hatred did not start until somebody ward into a new era of voting rights for all I want to tell the Members a story forced it. Americans. In his televised statement introduc- that happened to me right after, and So I think the idea is that if we undo ing the voting rights bill, it was President John- any time we can talk about this, but that force of hatred and start to son who when speaking of the marchers in not just with my own children. Right reteach, that we all started off in the Selma stated, after I came back from that weekend, same room. We all started off together Their cause must be our cause too. Because there was a group of students from the it is not just Negroes, but really it’s all of us for the same reasons; but, because of a University of Florida who came here on who must overcome the crippling legacy of few individuals, we got to a point an alternative spring break weekend. I bigotry and injustice. And we shall over- where we had to fight, or people had to do not know how many Members had come. fight for something that they believed students from their communities and As I stand here tonight, I know that we must in. from their universities that came to begin to prepare for the confrontation that the Mr. LEWIS of Georgia. Mr. Speaker, different parts of the country to par- voting rights acts will engender once again. It I thank the gentlewoman from Florida ticipate in this, where they actually will not be easy. For there are those that seek for those words and for taking the time came here. to deny us the simple right to vote. There are to participate in this. She added so those who seek to turn back the clock on civil This group came to work in homeless shelters. They did a battered women’s much. rights for all Americans. I think what we all are saying to- The marchers in Selma were on the front thing, where they painted, took care of kids, and they did those things as an night is that we must continue the dia- line. They were fighting not just for them- logue, continue to talk to each other, selves, but for all of America; not just black alternative to spring break, instead of going to Daytona Beach 50 miles away, continue to move to create the beloved America, but all America. community, an interracial democracy; As we make history here even today, we where they could have fun. They were shocked, first of all, by continue to do what we can to lay down stand on the front line in the U.S. Congress the burden of race. for civil rights, not just for African Americans, what they saw in D.C. They had ex- posed themselves to some degree with- It is ongoing. We do not necessarily but for all Americans. have a blueprint, a road map. We are As I stood with the marchers in Selma, I in their own community but never ex- going down this road for the first time. thought of the bridges that we have crossed in pected to see what was happening in I think if we can do it in the Congress, Houston, Texas, such as proposition ``A''Ðan Washington, D.C. we can do it in the larger society. We effort which was designed to eliminate the I relayed my weekend to them, and I are the leaders. We should go out and city's affirmative action contracting program. said to them, can you imagine in your help get our districts and our States to We crossed that bridge by beating proposition lifetime walking on the same bridge talk about race, and do not be afraid to ``A'' and by letting the entire United States with the gentleman from Georgia (Mr. know that civil rights and affirmative action is JOHN LEWIS) with students your age? I bring the dirt and the filth from under not only good for the 4th largest city in the think the thing that struck me the the American rug, out of the cracks U.S., but for the rest of the country. most of this weekend, and I say this to and corners so we can see it, so we can The march in Selma represents not just the the youth of our country, go out there deal with it. crossing of a bridge, but the crossing over of and see, participate, look at what his- I know the gentleman from Arkansas America from an age of slavery to freedom. It tory is all about. (Mr. JAY DICKEY) was unable to go on represents the bridge from heartbreak to hope, Because the most striking thing to the trip, but he had attended several of from poverty to prosperity. me, JOHN, was the young woman, I be- these meetings. I yield to the gen- Mr. LEWIS of Georgia. Mr. Speaker, lieve she was 14 years old, who was tleman from Arkansas (Mr. DICKEY). I yield to the gentlewoman from Flor- willing to give her life, her life, know- Mr. DICKEY. Mr. Speaker, I thank ida (Mrs. KAREN THURMAN). ing full well that she was going to walk the gentleman for yielding to me. Mrs. THURMAN. Mr. Speaker, I into one of the most adverse situations Mr. Speaker, I want to tell the apologize for being a little late to enter of her short 14-year period of time. But Speaker that the two things that kept into this dialogue, because it was prob- she was willing to take a stand at that me from coming to Alabama on this ably one of the most important week- early age to make a difference in what trip I will forget soon. If I had come, I ends that I spent in my lifetime. I, too, she would see in history. I have to tell would have remembered being with you want to thank Faith in Politics for the Members, that struck me like all forever, and I am sorry about that. what they did. nothing has ever struck me. It is just something that I could not go I particularly also want to thank the I suggested to them that they are against my word. But I know what I gentleman from Georgia (Mr. JOHN young. They have the opportunity to missed. H1218 CONGRESSIONAL RECORD — HOUSE March 17, 1998 What has drawn me to the dialogue This is just one step on a very long her, her losing this process and not with you all and the discussions with journey before we create the beloved going forward for a vote. you all is the fact that I grew up in community and open society. I can only say that we have a crisis. Pine Bluff, Arkansas, and during this I want to thank all of my colleagues All who will hear my voice, I simply time was a graduate of law school, for participating in this dialogue to- ask for you to respond. If we stand to- practicing law in my hometown; and night. gether, we can fight against this we thought we were a long way away, f abomination and restore the dignity to but we were not. JUDGE MASSIAH-JACKSON the process and allow us to go forward But as things have occurred and I am in the way that we should. now in public office, it is good for me The SPEAKER pro tempore (Mr. Judge Massiah-Jackson, I thank you to sit around in the rooms, in the room SHIMKUS). Under a previous order of the for being a true American. You have as I have done with you, and just go House, the gentlewoman from Texas my support and appreciation. I will over exactly how we got where we are (Ms. JACKSON-LEE) is recognized for 5 commit to you that we will subject no individually in relationship to race and minutes. one else to the tragedy of being so de- discrimination and the hatred that we Ms. JACKSON-LEE of Texas. Mr. feated, lonely, without the support of have all seen, particularly in the Speaker, first, I would like to thank so many that were needed. the gentleman from Texas (Mr. South. I thank the gentleman for allowing ARMEY), the majority leader, for his I do not think you all know what it me this time. kindness. Obviously I realize that we is like in the North, because in the Ms. JACKSON-LEE of Texas. Mr. Speaker, South, as a white person and as a per- are at the time of his special order, but I do want to comment, as a member of today, ladies and gentlemen, is a shameful son from the establishment, I was kept day in the history of our federal judicial ap- from this controversy quite a bit, only the House Committee on the Judiciary, on the concern I had for the withdraw- pointment process. When the Framers of the to later go back and live so many re- Constitution decided that the United States grets. I think you all are helping me in ing of the nomination of Judge Massiah-Jackson. Let me first salute Senate should confirm all Presidential ap- that regard in that you are listening to pointees for the federal bench, surely, they what we are saying. Judge Massiah-Jackson for her leader- ship as the common pleas court judge could not have imagined that this process One thing that I have, one touch that would be used for the kind of unmitigated I had during that time, was a friend- in Philadelphia, Pennsylvania and for the vigorous and dignified approach character assassination that Judge Frederica ship with a man named Wiley Branton. A. Massiah-Jackson has had to endure for the b that she took to continuing her con- 1915 firmation. last few months. He practiced law in Pine Bluff. My She was a nominee of the President The sad fact of this case is that in Philadel- dad and he were friends. And he kind of of the United States, William Jefferson phia, Pennsylvania, the cradle of our most fun- brought me along in this. I think he is Clinton, and in fact had passed con- damental liberties, a place known far and wide one of the true heroes of the Little firmation hearings and was moving to as the city of brotherly love, an insufferable Rock crisis. He does not get mentioned the floor. I do believe that we have a crime against justice has been committed. very much and I am so glad to mention crisis process that is now broken. Our Judge Frederica A. Massiah-Jackson has with- it now for our country to hear. He was judges are not being appointed and are drawn her name today from consideration for the glue that held it together until not completing the confirmation proc- the Federal District Court bench in the Eastern Judge Thurgood Marshall came into ess. The Supreme Court has com- District of Pennsylvania. Little Rock. He then went to work on mented on the appalling backlog of Since her approval by the Senate Judiciary the voter registration. I can remember Federal judges and the backlog of Committee last October, Judge Massiah-Jack- when he was head of the voter registra- cases. son, a Common Pleas Court magistrate in tion in the South and he kept saying, I call this an abomination on the jus- Philadelphia since 1984, has been the subject yes, we are getting people to register tice system of this country and ask my of vicious attacks about her record on crime. but I am not so sure we are getting colleagues who have political dif- To me, the most terrible tragedy of this situa- them to vote. Then when he was up ferences with the nominees to recog- tion is that Judge Massiah-Jackson's critics here in the Justice Department, he was nize the separation of powers, the right have been able to use a series of smoke and constantly giving his life. Then the of the government and the President to mirrors tactics in regards to her record to un- Dean of the Howard School of Law, appoint and certainly advise and con- dermine both her qualifications and her credi- Howard University School of Law. He sent. bility. Obviously, these critics have been ex- was telling me some of these things But let me tell you what I believe the tremely effective at their task, because they and I was listening but I was not really action should be in light of this harmo- have given Judge Massiah-Jackson the im- a part of it. But I do know that he was. nious debate we have just had. I am pression that her nomination by the Senate He is now gone. He has passed. But I calling for the leadership of the was a lost cause. want his family to know and the people NAACP, the National Urban League, My friends, this is a real-life travesty if you of America to know that his legacy the American Civil Liberties Union, take the time to look at the facts. According to lives on. I want to help in this project, the NAACP Legal Defense Fund and all today's Philadelphia Inquirer, the Pennsylvania too, for his sake as well as others. who may be considering this great cri- District Attorneys Association, who was among In closing, the gentleman from Wis- sis, the National Council of Negro the chief critics of Judge Massiah-Jackson's consin (Mr. BARRETT) was saying, Women, the Coalition of 100 Black nomination, used approximately 1% of the where do we go from here? If he is get- Women, the Coalition of 100 Black Men, judge's actual sitting cases as an evidentiary ting a load up, I want to be on, I want certainly the Black Women Political basis of her unfitness for the federal bench. to be in the load. I want to be on our Caucus to come together to address The President, in a statement today, de- way to bringing people together in love this crisis. We do have a crisis. The scribed these allegations as ``baseless attacks in God’s name. Thank you. system is broken. Judges are being re- that mischaracterized (the judge's) record Mr. LEWIS of Georgia. Let me just jected and refused. Judge Massiah- without affording (her) an opportunity to re- thank the gentleman from Arkansas Jackson was the last victim of this spond''. Senator ARLEN SPECTER of Pennsyl- (Mr. DICKEY) for those words. I think process. vania similarly noted that Judge Massiah-Jack- tonight we are deeply grateful, in a We cannot have the conservative rule son was treated unfairly by both her oppo- sense we are more than lucky but real- destroy the appointment of Federal nents and the Senate Judiciary Committee. ly blessed that we have an organization judges who deserve to be appointed, Judge Massiah-Jackson, without foreknowl- like Faith in Politics Institute that who are fair and impartial, a system edge, was asked by the Senate Judiciary brought us together. It is my hope that that should not be tainted by politics. Committee about cases she decided over a as a group that we will stay together My heart is simply broken for the loss decade ago. As Senator SPECTER said in re- and from time to time we will engage of this woman, the trampling on her sponse to this modus operandi by the Com- in other discussions and dialogue. This constitutional rights as well as her dig- mittee, ``the quintessential point of due proc- is only, as I said, but the beginning. nity, the disrespect that was shown ess is notice''. March 17, 1998 CONGRESSIONAL RECORD — HOUSE H1219 Additionally, I find the timing of these touch with these issues. We must be in and organizing its powers in such form charges to be extremely peculiar. The ava- touch with the search that we see as to them shall seem most likely to lanche of charges about Judge Massiah-Jack- among our Nation’s people. So towards affect their safety and happiness. son' record came several months after both that end of better understanding, I Now, that is not the whole preamble, her initial nomination and recommendation for have gathered together a group of but in that part of the preamble we see appointment by the Judiciary Committee. Members who have been studying on that these principles that we are en- The bottomline, however, is that these this matter and we would like to de- dowed by our Creator, that all men are charges are completely unfounded. According vote the next hour to discussing these created equal and that we are endowed to a report from the Philadelphia Bar Associa- issues. by the Creator with certain inalienable tion, Judge Massiah-Jackson actually imposed I would like to begin with the distin- rights, that these are God-given rights, sentences above the Pennsylvania sentencing guished gentleman from Pennsylvania rights not given to us by government, guidelines more frequently that most other (Mr. PITTS), who will talk about the rights that the government cannot give Common Pleas Court judges. Actually, in her moral principles as the foundation of a and rights they cannot take away, they last year on the bench, Judge Massiah-Jack- good society. are God given rights and the purpose of son was five times more likely than her peers Mr. Speaker, I yield to the gentleman government is to secure these God to impose a sentence above the state guide- from Pennsylvania (Mr. PITTS). given rights, life, liberty and the pur- lines. Tell me, ladies and gentlemen, how is Mr. PITTS. Mr. Speaker, I rise to suit of happiness. this a soft record on crime? begin a discussion with the gentleman With rights also must come respon- The reality is that this woman's professional from Texas (Mr. ARMEY), the House sibility. Our Nation is built on the record has been destroyed on rumor, unsub- majority leader, on the importance of principle of liberty. Our government stantiated allegations and misplaced accusa- values to our Nation. I thank him for exists with our consent. We choose to tions. But what can be done for her now? Can giving me the opportunity to speak augment, revise and improve our laws her good name ever be restored to its pre- today on this issue of vital importance and the very structure of our govern- vious standing? Are there any measure of for the survival of our Nation. ment routinely. With this privilege apologies that can be given to restore her Mr. Speaker, moral principles are the comes a mandate that we tend to lib- dreams? Judge Massiah-Jackson would have foundation of a good society. It is a erty with care and caution and pru- been the first female federal judge ever to simple fact that our democracy, the dence. serve in the Eastern District of Pennsylvania, greatest government in history, was We have another founding document, but now where is her place in history, is it the founded in large part so that Ameri- the one that we all swear to support place of honor that she deserved, or is it one cans could practice and maintain a and defend. It is called the U.S. Con- of shame? strong moral code in their way of life. stitution. And that Constitution is the Furthermore, I am disgusted by the vast The first people to colonize this Nation oldest national Constitution in the number of people that have ignorantly played did so for the freedom of religion, not world, the granddaddy of them all. And a role in this great tragedy of errors. Too freedom from religion, freedom of reli- it begins with these words: We the peo- many people simply jumped on the band- gion in order to freely follow a code of ple of the United States in order to wagon of attacks in this case without sub- ethics to which they were firmly de- form a more perfect union, establish stantive evidence. Judge Massiah-Jackson, voted. From the time of the Pilgrims justice, ensure domestic tranquility, wherever you are, I send my deepest apolo- we have associated the creation of provide for the common defense, pro- gies to you and your family. And I hope that America with the privilege and respon- mote the general welfare and secure in the future, this horrible miscarriage of jus- sibility of applying moral principles. the blessings of liberty to ourselves tice does not dissuade other qualified women Even the modern anti-tax movement and our posterity do ordain and estab- of your stature from seeking the high judicial can trace its roots directly back to a lish this Constitution for the United offices that their record has earned them. We moral principle present in colonial States of America. must end the backlog and conscious scheme times that every penny and every We the people, as one of the prime to deny Judges appointed by this Democratic power that government gets comes at ministers who spoke to this Congress Administration their fair hearing and confirma- the expense of personal freedom and in past years said, the most important tion. Denial of them is a denial of social justice personal opportunity. words in the English language, the and civil rights for many Americans. It must In fact, this principle helped spur the most important three words, we the cease and desist now! American Revolution. people. And in those days when kings f Mr. Speaker, we have a founding doc- were sovereign and people were sub- ument in this Nation, a birth certifi- jects, to say that we the people are sov- SEARCH FOR VALUES cate, if you will, called the Declaration ereign and we only give you the gov- The SPEAKER pro tempore. Under of Independence. This declaration is ernment certain limited powers, that the Speaker’s announced policy of Jan- different from many others that have we the people do ordain, was a revolu- uary 7, 1997, the gentleman from Texas been issued around the world. The pri- tionary concept. Of course we know (Mr. ARMEY) is recognized for 60 min- mary difference is the preamble that that our Republic, our constitutional utes. distinguishes it from all other declara- form of government cannot work in a Mr. ARMEY. Mr. Speaker, I appre- tions of independence. This preamble vacuum and it should not work in a ciate my colleagues that will be join- has certain principles that I would like back room. It requires citizens to be in- ing me this evening. It seems like to mention. The fact that, and I would volved with their representatives in every now and then, once perhaps in like to quote it, the fact that these order to represent them adequately. every lifetime, there is a sense of a principles are highlighted, I think, are But when we take a look at other movement on land, a movement of a instructive. forms of government, we realize what a Nation in search for things of greater This is what it says: We hold these powerful and beneficial system we meaning and of deeper meaning. I be- truths to be self-evident that all men have. When other nations were created, lieve that is the case today. I believe are created equal, that they are en- the citizens were thought to be sub- America is searching for values that dowed by their Creator with certain in- jects. They were so much chattel from will work in the lives of their families alienable rights, that among these are which the hierarchy could prosper, and and the lives of their children. I believe life, liberty and the pursuit of happi- around the world governments created that value search that we see going on ness, that to secure these rights gov- just a few decades ago and some longer in America today is characterized ac- ernments are instituted among men de- than that, centuries ago, forced men curately, as I like to characterize it, as riving their just powers from the con- and women to be pawns for the state. a search for old ways of doing things. sent of the governed and that whenever The people live at the discretion of the I believe that it is up to us in a rep- any form of government becomes de- government. But not in America. In resentative democracy to represent the structive to these ends, it is the right America the government lives at the very best of the people that we are of the people to alter or to abolish it discretion of the people. As we see privileged to represent and in doing and to institute new government, lay- when we look around the world, our de- that, it seems to me we must be in ing its foundation on such principles mocracy truly is a blessing. H1220 CONGRESSIONAL RECORD — HOUSE March 17, 1998 Now, it is easy to argue that things fighting alongside elite liberal factions victions. It rewards those who incor- have run amok. We have too much tax- in order to portray faith in God as a porate their faith-based responsibil- ation. We have an overly large Federal radical, irresponsible act. ities of honesty, hard work, devotion, bureaucracy. We have an administra- While the founding fathers used pray- fidelity and charity. It works to create tion that takes power away from fami- er as a guiding influence in their fight a system which works for and through lies. It is pretty clear that we have for freedom, we now hide behind false morality and responsibility. taken the benefits of democracy and legal pretense to deny our responsibil- The founders of our Nation recog- used them to support bad policies. But ity to gain inspiration and direction nized the importance of faith and hon- it is not the system that is flawed. It from prayer. The first act of the very esty in government, requiring office- has been a lax approach to following first Continental Congress in 1774 was holders to publicly swear an oath be- the moral principles which created this to pass a resolution as they met in Car- fore assuming governmental respon- Nation and made it strong. penter’s Hall. sibility. And this was not a simple act In 1776, in my home State of Pennsyl- They did not meet, the first Con- of pomp and circumstance. This was a vania, our State Constitution decreed tinental Congress, in the old state- declaration of a bond with their Cre- in its preamble, and I quote, we the house in Philadelphia. They did not ator. It was a demonstration that hon- people of Pennsylvania, grateful to Al- want to plot against the Crown on esty and faith are prerequisites for gov- mighty God for the blessings of civil Crown property. They met next door in erning. and religious liberty and humbly in- Carpenter’s Hall, 57 men, and their According to Sir William Blackstone, voking his guidance, do ordain and es- first act was to pass a resolution call- who was the great jurist, and he was tablish this Constitution. ing on each session, every day, to begin the one who wrote the commentaries In that same period, the 18th century with prayer, to be led by a local clergy- that all lawyers back in those days philosopher Montesquieu wrote, and I man. studied to become attorneys, he said quote, the deterioration of every gov- They had heard a false rumor that this: ‘‘The belief of a future state of re- ernment begins with the decay of prin- Boston had been cannonaded. The next wards and punishments, the entertain- ciples upon which it was founded. And day they invited the vicar of Christ ing just ideas of main attributes of the in current times we have seen that Church in Philadelphia, the Reverend Supreme Being, and a firm persuasion very decay in our moral principles. We John Dushay, to come and lead the that he superintends and will finally have stopped advocating biblical prin- prayer. And in those days, when they compensate every action in human life, ciples upon which this Nation was had prayer, it was not like we have a 1- all which are revealed in the doctrines founded. Instead, we have adopted rel- or 2-minute prayer, his session lasted of our Savior, Christ, these are the ativist stances which are far easier to over 21⁄2 hours. He first read from grand foundations of all judicial oaths, defend, but which are far more difficult Psalm 35. And if my colleagues will re- which call God to witness the truth of for the progress and security of our Na- member the rumor of Boston being those facts which perhaps may be only tion. Thus we have seen the decay. We cannonaded, and in the day of slow known to Him and the party attesting. live in a society where infidelity is ei- communication they did not know it All moral evidences, therefore, all con- ther glamorized in the media or accept- was false, and so we can understand his fidence in human veracity must be ed as benign and inconsequential by reading. weakened by apostasy, and overthrown our politicians. And John Adams, who was there, by total infidelity. Wherefore, all af- wrote to his wife Abigail. There are a fronts to Christianity, or endeavors to b 2000 lot of letters that they exchanged. And depreciate its efficacy, in those who Tonight, 4 out of 10 children who go he described this scene, and it is por- once professed it, are highly deserving to bed will go to bed in a home in trayed in a picture on the wall in Car- of censure.’’ which their father does not reside in penter’s Hall, if anyone visits there. He Mr. Speaker, the freedom to which America. Tonight, drug abuse is on the said, Washington and Rutledge and we owe so many is a direct result of ad- rise among our youth, and child crime Lee, and he named some others on herence to divinely inspired moral val- is more prevalent today than at any their knees; beside them the old gray ues. These values made us a great Na- other time in the history of our Na- pacific Quakers of Philadelphia; and tion. And as we have recently seen, tion. As we have walked away from the then behind the old pacific Puritans of there is an inverted relationship be- moral code which binds this Nation to- England, with tears in their eyes. And tween our Nation’s success and its re- gether, we see our society fraying at he ended, ‘‘It was enough to melt a jection of traditional values. The fur- the edges. We must get back to those heart of stone.’’ The first act of the ther we avoid making the tough values that created our Union for the first Congress on their knees in prayer. choices of honesty, fidelity, honor, self- sake of our Union. Something that might be a little for- reliance and the incorporation of our George Washington, our first Presi- eign to us today. faith into our daily lives, the further dent, was a man of great moral char- But heroes like Washington, Adams we slide down the path of relativism. acter. It was his capacity for self-dis- and Lincoln used their lives to dem- As we face a new millennium, we cipline and willingness for service to onstrate their effort to respond to their must work to come back to those prin- the American Nation which ultimately responsibilities as men of faith. They ciples. Our Nation cannot afford to allowed this Nation to be founded. fought for the concept of freedom with slide much further. Redemption can George Washington said this, and I their demonstrations of honor and in- come from reacquainting ourselves quote: ‘‘We ought to be no less per- tegrity, and, as a result, a great Nation with these morals, but this action suaded that the propitious smiles of was born, developed and survived great must occur soon. For the sake of our heaven can never be expected on a Na- challenge. Union, we cannot wait. tion that disregards the eternal rules Abraham Lincoln, during a time I thank the gentleman for letting me of order and right which Heaven itself when our Nation struggled to recreate participate tonight and yield back to has ordained.’’ itself, affirmed his devotion to the core him. Washington’s message was clear: We principles begotten by faith. He said, Mr. ARMEY. I thank the gentleman as a Nation can thrive by the adher- and I quote, ‘‘Intelligence, patriotism, for his participation. And, Mr. Speaker, ence to a fundamental moral code. It Christianity and a firm reliance on the gentleman from Pennsylvania (Mr. gave Washington the vision to lead us Him, who has never yet forsaken this PITTS) has set the stage for us. We have into the era of democracy. Conversely, favored land, are still competent to ad- a Nation that was founded on the high- as we have seen, we as a Nation can fall just in the best way all our present dif- est of moral principles and faith, as, in with the disregard of that code. ficulty.’’ fact, expressed and practiced by our This Nation was founded on the Our Constitution embodies core Founding Fathers. premise that fidelity to God was honor- moral principles. It creates a system And while we all know that we can- able and ought to be encouraged, not where individual effort and integrity not by law make a Nation good, I think hindered, by government. Sadly, we are rewarded. In it, men are free to it is a very clear fact that if a Nation now have portions of the government support those with similar moral con- is to legislate law that reflects the best March 17, 1998 CONGRESSIONAL RECORD — HOUSE H1221 of its people, it can do so, and, in doing country. Child abuse and neglect has ents with school choice and making so, it can encourage those traits of become a national epidemic in this those schools face competition are in- human conduct and behavior, value, country. Drug abuse tears families novative ways to improve education in morality and belief that are of greatest apart. And the government has be- this Nation. service to a Nation. come, in many ways, an unwitting ac- The majority leader, who is standing With respect to these questions, of complice in the process. here, the gentleman from Texas (Mr. how we might legislate in such a way The government continues to take ARMEY), has been a vocal proponent of to be an encouragement to our citizens, more money from middle-class families a D.C. scholarship program that will we are privileged to have with us to- in the form of taxes and regulations. If give parents more choices in this belea- night the distinguished whip, the gen- we add up local, State and Federal guered school system in Washington, tleman from Texas (Mr. TOM DELAY), taxes and the cost of regulations, today D.C. who has studied these issues, and stud- the average American family is forced b 2015 ies them well, as we apply them to his to fork over more than 50 percent of its Now the President has an oppor- critique of legislative offers that come income to the government. That means tunity by signing this legislation to before the body and the decision-mak- 50 cents out of every dollar that a fam- help at least 2,000 underprivileged kids ing process by which we determine ily makes today goes to the govern- in the D.C. area to have access to a bet- what legislation we should bring forth. ment. ter education. Making certain that At this time, Mr. Speaker, I yield to No wonder it takes one parent to more dollars go to the classroom rath- my distinguished colleague. work for the government while another er than to Washington education bu- Mr. DELAY. I thank the distin- parent works for the family. This puts reaucracy is another important way we guished majority leader, Mr. Speaker, additional pressure on a two-parent can improve education. and I appreciate the gentleman for family, and all too often one parent is My colleague, the gentleman from bringing this special order that I think forced to work to pay off the govern- Pennsylvania (Mr. PITTS), has intro- is so important, particularly in the be- ment while the other works to support duced a bill that does just that. Under ginning of this session of Congress. the family. committee consideration right now, I really appreciate the presentation That money pays for two unneces- the Dollars to the Classroom Act block done by the gentleman from Pennsyl- sary things: One is a bloated Washing- grants 30 Federal education programs vania (Mr. PITTS). For all of those in ton bureaucracy, and the other is a and requires that at least 95 percent of the Nation today that are talking misguided welfare state that creates a those funds go straight to the place about the fact that character does not culture of dependency that quite often that they are needed most, at the kids matter or that what one does in their undermines the family structure in in the classroom. private life has no affect on their pub- many of our most fragile communities. We will also be working on providing lic life, I hope they will go back either We have taken the first step to re- middle-class parents with a tax-free to the Internet or to their library and verse this process. In the last Congress education IRA. This will give parents pick up tomorrow’s CONGRESSIONAL we reformed the welfare state to give the ability to save for their kids’ gram- RECORD and read the presentation by families a hand up rather than a hand- mar school and secondary school edu- the gentleman from Pennsylvania, be- out. And that welfare law has been a cation. I think these are fitting ways cause he so eloquently points out the great success. In fact, there are fewer to show our commitment to an im- foundation of values to our country people on welfare today than there proved education. and their importance. were in 1970, and I think that is quite A third pillar of our family-friendly I really appreciate this opportunity an accomplishment. But we must not agenda involves the war on drugs. Con- to join my colleagues and the majority rest. gressman DENNY HASTERT from Illi- leader this evening in this very, very We are committed as a majority in nois, working with Congressman ROB important discussion. And as we are this House to creating conditions that PORTMAN of Ohio and other Members in talking, a friend of the majority lead- support strong family structures in all our conference, has designed a strategy er’s and mine is somewhere in the Cap- our communities. Our legislative agen- to put some teeth in our war on drugs. itol leading a tour of this Capitol, a da has five components: We must not lose another generation gentleman that is vice president of the First, we want to reduce the govern- to violence and drugs. We need aggres- Texas Republican Party and a fellow ment burdens put on our families; and sive enforcement of our drug laws, we by the name of David Barton, who is we want to eliminate things like the need better interdiction at our borders, the symbol of values, particularly marriage penalty in our Tax Code. Our and we should build on the innovative Texas values, that represents what we Tax Code actually has an incentive for efforts of faith-based programs that are trying to say here tonight. We are divorce. I just feel that that is so ridic- have been successful in ending drug ad- very appreciative to have him here. ulous, and we are going to change it. diction. I have been asked to discuss with the Our current labor laws also make it Protecting the sanctity of life is the American people, Mr. Speaker, our leg- difficult for workers to substitute va- fourth pillar of our pro-family agenda. islative agenda and how it reinforces cation hours for additional pay. If a The President vetoed legislation that our family values. But we have to first mother or father wants to spend more outlawed the barbaric partial birth ask the question what are family val- time with their children in lieu of cash, abortion procedure. That was a shame. ues? And according to the dictionary, that should be their choice, not the Because, as Senator MOYNIHAN from the definition of a value is something choice of some Federal Government. New York put it, this procedure is very intrinsically valuable and desirable. We want to give more choices to par- close to infanticide. We will work to Now, most Americans believe that a ents for child care. We want seniors to override that veto this year, later on strong family structure is intrinsically have more choices for their retirement this year. valuable and desirable. This is not a security. Giving families more choices The culture of death that surrounds new belief. Indeed, an ancient philoso- and ending government policies that partial-birth abortion and assisted-sui- pher once said, the root of the state is take away those choices is a very criti- cide laws must be stopped. We should in the family. And likewise, the root of cal part of our family-friendly agenda. also stop government funding for the United States lies in the families of A second pillar of this agenda comes groups that promote abortions abroad, the United States. But for too long the with our efforts to improve education. and we should be exporting policies family structure has been under at- Some of our Nation’s public schools are that celebrate life, not policies that tack. It has been under attack from getting better and better every day, promote death. many different quarters. but many others are getting worse. The final pillar of this values-based Today’s culture all too often des- Parents need to have that option to agenda comes with protecting people of ignates the family as the building send their kids to good schools. Good faith in America and across the world. block of our civilization. As the gen- schools are accountable to parents. All too often people of faith are op- tleman from Pennsylvania points out, They maintain discipline. They use pressed and condemned rather than re- divorce rates continue to climb in this their resources wisely. Providing par- spected and welcomed. H1222 CONGRESSIONAL RECORD — HOUSE March 17, 1998 One example, of course, is in China. has studied on this matter a great deal A Terence survey reports that 71 per- They have persecuted Christians, they and wants to share with us some of his cent of Americans polled in this Nation have torn down churches, and they reflections on the relationship between believe that our Nation confronts a have imprisoned peace-loving pastors freedom and responsibility. At this moral crisis. Contrast that with only 16 who only want to promote the gospel. time, I yield the floor to my colleague percent of Americans believing there is We should continue to put pressure on from Arizona. an economic crisis. So, indeed, even as the Chinese and other governments Mr. HAYWORTH. Mr. Speaker, I there are times of economic plenty, that practice religious persecution to thank the distinguished majority lead- citizens of this country are concerned allow more religious freedom. er. that there are problems with the mo- We should also end policies in Amer- Mr. Speaker, as we spend time to- rality and the fealty and the convic- ica that unfairly discriminate against gether here in this Chamber tonight tions which we attempt to affirm and people of faith. The courts have and by extension electronically with uphold each day. changed our Constitution by distorting citizens of this great Nation from coast Pew Research Center suggested that the original intent of the First Amend- to coast and beyond, one cannot help a decline in moral values was the top ment. The First Amendment to the but remark on our proud heritage and problem facing our Nation, three times Constitution says, and I quote, Con- our history. And I would thank very higher than economic insecurity. gress shall make no law respecting an much not only the majority leader but Indeed, Mr. Speaker, as we come and our colleague from Pennsylvania, establishment of religion or prohibit- we celebrate our diversity in the fact where so much of the early history of ing the free exercise thereof. that many of us celebrate and worship this Nation took place, and the distin- There is no separation of church and God according to many different tradi- guished Majority Whip for offering his state in that statement. That does not tions, I know that many of us pray for thoughts as well. the wisdom of Solomon, that we might, mean that the Founding Fathers want- Indeed, as the Whip explained, Mr. ed us to ignore God or to forbid our in taking on these constitutional re- Speaker, from the vantage point of the sponsibilities, understand that with children to pray. We believe that chil- Speaker’s chair we can see the visage dren should be allowed to pray in our freedom comes those responsibilities. of Moses represented here in this And indeed, those unique cir- schools. We should talk about the Chamber looking down on these pro- moral basis of our Government. We cumstances the constitutional republic ceedings. And indeed, Mr. Speaker, offers us in this role in this Chamber should be allowed to post the Ten Com- above the chair where you sit are in- mandments in Federal buildings. are mirrored by responsibilities that scribed the words, ‘‘In God we trust.’’ belong to each and every citizen. Other Moses looks down on this Chamber So tonight, Mr. Speaker, and my col- every day. Right over that door, I am speakers have bemoaned the fact that leagues and fellow citizens, it is impor- four out of 10 children in America to- looking at the face of Moses; and he tant to reaffirm what it is we believe, gazes down at the Speaker’s chair. We night will go to sleep in a home where to stand and celebrate the notion that their father is not present. open each of our sessions with a prayer we are free in this constitutional re- to God. We should not allow the judi- Our distinguished Whip reaffirmed public to worship God according to the legislative priorities that help affirm cial branch to stamp out religious ex- dictates of our own conscience. the principles that have made this Na- pression in other areas of the govern- Indeed, citizens are free to choose not tion great. We can see this not only in ment. to worship God. But even as we ac- My colleague the gentleman from remembering and holding in reverence knowledge that freedom, we must also the words of our Constitution but also Oklahoma (Mr. ISTOOK) has introduced acknowledge that tremendous history on the Nation’s bookshelves, as so a religious freedom amendment that and tremendous responsibility that is many Americans seek out supplements, reestablishes the people’s right to ac- inexorably part of the American expe- if you will, to scripture on the notion knowledge God according to the dic- rience. Here we stand free to express of spirituality. tates of conscience, and it has been re- our ideas, our convictions, our philoso- Annual sales of religious books has ported out of committee and should see phies in this Chamber; and citizens topped $1 billion in this Nation in 1997. floor action in this session. around the country are doing it I think The sales increase of these items grows So let me just conclude by saying tonight in a City Council meeting in at a dramatic pace, nearly 100 percent that some liberals have called us the Flagstaff, Arizona. Similar meetings over the last 3 years. Indeed, the best- ‘‘do-nothing Congress,’’ and maybe we may be going on in Fargo, North Da- seller that remains number one on are the ‘‘do-nothing-they-like Con- kota, or in Philadelphia, the cradle of every list in this great country re- gress.’’ But we are a busy Congress, our liberty, as our colleague from mains the Holy Bible. Last year, nearly doing the things that support the val- Pennsylvania pointed out. And under- 30 million Bibles were sold in the U.S., ues of this country, the values that girding all these notions are firm and far dwarfing the sales of any other have built this country. And it is solid principles. book in our Nation’s history. wrong to call us a ‘‘do-nothing Con- I could not help but reflect, as I Indeed, as we stand and celebrate gress.’’ We are working on a value- heard our colleague from Pennsylvania that fact, we cannot help but note that, based agenda that will strengthen fam- offer his historic observations, of the in this world, as others begin their ilies into the next century. actions involving our Founders, not business day, indeed, across the date- I thank the gentleman from Texas only the actions taken to win our inde- line, as others live in another day tem- (Mr. ARMEY) for yielding me the time. pendence but subsequently the actions porally, sadly there are areas in this Mr. ARMEY. I thank the gentleman taken at that constitutional conven- world where that very freedom to pick for his comments. I so much appreciate tion at what became Independence up Holy Scripture is abridged, where his hard work and his clearly focused Hall, actions that were so incredible that notion is denied. How more re- understanding on what is indeed of Catherine Drinker Bowen called the en- markable, then, is this great constitu- value to the American people. tire proceeding in her great and defini- tional republic. Mr. Speaker, we are blessed by our tive work the ‘‘Miracle at Philadel- Indeed, even as Americans are con- creator with certain inalienable rights. phia.’’ And from that heritage and cerned about a moral crisis, there are Certainly, liberty and personal freedom from those principles springs the deep signs that America in general, from is the greatest blessing of all; and our convictions of our citizenry. Main Street to Wall Street, seeks the Government should be protective of Polls can never take the place of help of the supreme creator. that freedom. But I think anyone who principles, and yet polling information In new technology, matters of faith is clear and judicious in the under- offers insight into the psyche and in- are leaping to providence. On the Inter- standing of freedom understands that deed the souls of America. And in stark net, the Christianity on-line web page we really can only be free if we pur- contrast to some of the polling results is named as one of the most popular chase that freedom through the exer- that have been offered by various web sites on America Online. cise of personal responsibility. media outlets in recent days, there are In my former profession of broadcast- Tonight we have with us Congress- important things we can see from sur- ing, we have all witnessed the phe- man J.D. HAYWORTH of Arizona, who veys taken across our country. nomenal success of Dr. Laura March 17, 1998 CONGRESSIONAL RECORD — HOUSE H1223 Schlessinger who has taken to the air- quire directly that you engage in moral Federal Government decided in 1965 waves to reaffirm the simple notions of activity. It just says you cannot en- that it was going to condition a very faith and family and fealty to those gage in activity that hurts other peo- substantial package of assistance on principles which made us great and to ple. There is no reason why the law people doing neither of those things, a the responsibilities engendered in tak- should do that. Typically there are package of assistance that grew until ing on fatherhood, in taking on mar- very important consequences that fol- it reached $8,000 to $15,000 a year in riage, in taking on a leadership posi- low socially if you do exercise these cash and other kinds of benefits, an tion, not only at home but in a fellow- choices in an irresponsible or an im- amount of money that seems very, ship of faith or in a business or, dare I moral way. very large to a person coming from a say it, in a position within govern- There is no law, Mr. Speaker, against low income background. What the gov- ment. lying. If you lie too much, you are ernment said in effect to people was, Mr. Speaker, I have learned a lot in going to find yourself without any ‘‘Look, if you don’t work, if you get traveling the width and breadth of the friends. There is no law against bor- married without having children, we Sixth Congressional District of Ari- rowing too much. But if you do, you will provide you with a large package zona, an area in square mileage rough- typically end up losing everything. The of assistance.’’ And so we effectively ly the size of the Commonwealth of problem is not that our laws do not, ex- changed the behavior that people Pennsylvania. A message continues to cept in very limited areas, legislate re- would otherwise engage in. If people come from my constituents, many of sponsibility along with freedom; the wanted to get out of poverty in the way whom had forbearers who came to what problem is in the last generation or so, my parents did it, that is the way that was a relatively desolate place at one we have allowed government policies requires a lot of faith, a lot of work, a point in our history, folks with the to develop that actually detach respon- lot of long-term thinking, a lot of re- help of technology and faith literally sibility from freedom, that actually se- sponsibility. You have to decide that in made the desert bloom. It has given duce people into exercising their free- America, you can make it out by work- flower to freedom but, with that, a no- dom in a way that is irresponsible be- ing, make it out by staying in school tion that is not peculiar to the West cause it at least holds out the prospect as long as you can, make it out by rais- but reaffirmed there that with freedom of immunizing them from the natural ing a family after you have married comes responsibility, and those respon- and normal consequences that typi- someone who has made a commitment sibilities we dare not shirk. cally follow from making bad choices. to doing that. That is one alternative The other note I have heard, Mr. We see that in a lot of areas of the law. that was available to people from lower Speaker, from my constituents is this The criminal justice system over the incomes. Then the other alternative notion that while there are those who last generation developed in a way that the government was offering was, say you cannot legislate morality, it is tended to treat criminals as if they ‘‘Now, wait a minute, you can have an also true that you cannot exercise were the victim and so sent the mes- apartment of your own, you can have moral leadership without a firm foun- sages to young people that they were health care, you can have food stamps dation of moral authority. So that is not responsible for their behaviors, and you can have walking around what we seek. that if they did wrong it was because money. All you have to do is not get a Even as we celebrate the differences they were the victim of an unjust soci- job and have a child without being in our religious expressions and back- ety. The tax system that punishes sav- married.’’ grounds, even as we celebrate the fact ings and investment by taxing it tends Then we were surprised at the re- that we will not all speak with one to reward people who consume and sults, Mr. Speaker. The poverty rate in voice on every issue when we come into spend everything that they earn. 1965 when the Federal Government de- this Chamber or stand in this well or And then the subject, the area that I clared war on poverty was 15 percent. cast a vote on behalf of those we rep- want to discuss tonight very briefly, In 1995, 30 years later, it was still 15 resent, but we give thanks for the op- Mr. Speaker, the welfare system, which percent. Only we had changed the pov- portunity to be here to be able to wor- is perhaps the best example we have of erty from something that was tran- ship according to the dictates of our a system that over the years made it sient, that typically went away after a own conscience, to discuss these mat- harder and harder for decent people to generation, to a situation where people ters freely and openly, and to have the live honest, responsible lives. Today we were mired in dependence on the gov- opportunities to see that we can ad- are living and they are living with the ernment without the family or neigh- dress the so-called moral crisis with a consequences of that system. Mr. borhood support that had made it pos- commitment to seek wisdom, with a Speaker, in the immediate postwar era sible for them to get out of poverty. commitment in the words of the proph- in the late 1940s, the poverty rate in What we got was not a decrease in pov- et Micah to do justly, to love mercy, this country was around 30 percent. It erty but a vast increase in the out of and to walk humbly with our God. declined steadily for the 20 years fol- wedlock birthrate, from about 6 per- With that, I yield back to our distin- lowing that until 1965 when it reached cent in 1965 to about 32 percent in 1995. guished majority leader. 15 percent. It was at that point that What a sad thing, Mr. Speaker. I talk the Federal Government declared war very often to teen moms. What a sad b 2030 on poverty. The Federal Government thing, because if you are 16, 17, 18 years Mr. ARMEY. I thank the gentleman decided that it was going to help poor old, you have had a child, you are not for his contribution. It is truly appre- people in this country, a natural and married, you have not finished school, ciated. Mr. Speaker, we will follow up good impulse. But it did it by providing you do not have any family support, the distinguished gentleman from Ari- the wrong incentives. well, then you really are not going to zona with the distinguished gentleman Mr. Speaker, there are two programs, get out of poverty very quickly prob- from Missouri (Mr. TALENT), who will if you will, two things that typically ably, and it is heroic that so many give us further reflections on this sub- over the generations have gotten young people are trying, notwithstand- ject. Americans out of poverty, that has ing the incentives in this system. They Mr. TALENT. I thank the majority gotten my parents out of poverty, that wake up after a couple of years and re- leader for yielding to me. It is always gets people out of poverty or got their alize that what they were seduced to do hard to follow my friend from Arizona. parents out of poverty, because, Mr. is a dead end. Mr. Speaker, we are a country that Speaker, almost everybody in America We changed that with an act in 1996 has been blessed with great prosperity. either grew up poor or had a parent that was aptly called the Personal Re- With our affluence has come more who grew up poor or at least had a sponsibility Act of 1996. We are already choices for all the American people. grandparent who grew up poor. So this experiencing the good consequences of The more choices we have, the more is not something that most people are that as caseloads around the country important it is to exercise responsibil- not familiar with. Those two things are dropping on average 20 to 25 per- ity along with our freedom. Mr. Speak- that tend to get people out of poverty cent, something that has not happened er, the law does not directly legislate the quickest in this country are work in the postwar era. The system, Mr. responsibility typically. It does not re- and family, typically marriage. The Speaker, was such that as my friend H1224 CONGRESSIONAL RECORD — HOUSE March 17, 1998 the majority leader said one time, ‘‘We advice. We read the history books and looked down on these people searching need to reform welfare, not because we know of other great Speakers. We for a way, and He said, I hope My chil- people on welfare are abusing the sys- know of other great Members. We have dren will know My laws and obey them tem but because the system is abusing read Profiles in Courage and we all so things will go well for them. He did people on welfare.’’ hope that someday we might be in- not say, so that they would know My Let me just say, Mr. Speaker, that cluded in the same way. But how do we power and know My authority and that bill should be a model of what we decide the model that will govern us? know I am in command here. His hope try and do and in fact have done in What a difficult thing to reconcile the was about His children, that they other areas. We have reformed substan- authority and the responsibility placed would know His laws and obey them so tially the incentives in the criminal in us with the fact that what it is we things would go well with them. justice system. We have made a start are responsible for is to writing the law Lord God Almighty did not give us in changing the tax system. We need to by which a Nation of free people will many laws, Mr. Speaker. He gave us a continue linking once again the law to govern itself. lot of helpful suggestions, many of responsibility, linking once again the It begins, I believe, with our first which can be found in Proverbs, my fa- responsibility that people normally knowing the goodness of the American vorite book of the Bible. So many help- have for the decisions that they make. people and first committing ourselves ful suggestions, but very few laws. It That is the way to rebuild America. to represent the best of the American should not be hard for us to remember That is what we are trying to do here. people, not their fears and not their them. But Lord God knew His people. That is the new consensus that is doubts and not their reservations or He knew the goodness that was in these emerging in Washington. Mr. Speaker, their jealousies or their envies or their people. He knew their needs, and He it has been a pleasure to declaim on angers, but what is truly the best of wrote only those laws that were nec- this subject for a few minutes. their hopes and their dreams, their essary so that a free people, knowing Mr. ARMEY. I thank the gentleman abilities, their contributions, their his laws and obeying them, would find again. Mr. Speaker, here we are. We citizenship and, yes, indeed, their faith. that things would go well for them. have had a pretty decent, as we like to So we look for examples. It is not Maybe, Mr. Speaker, as we practice say, truck driver’s review of a lot of enough, I believe, for us to be here and the authorities and the responsibilities the things very important to the Amer- be satisfied that the work we do is and the privilege granted to us by peo- ican people. The gentleman from Penn- good. I think we must go beyond that ple that have elected us to these posi- sylvania (Mr. PITTS) came in earlier and conduct ourselves in our own per- tions, maybe someday if we are suc- and talked about the founders of this sonal life either on the job or off such cessful, we can draw from that model; great Nation, how they were governed that others that look to those of us we can look back on our careers, we by faith, born mostly from our Judeo- that were given this responsibility and can look at the way we have conducted Christian traditions; how serious were this privilege and yes, this authority, ourselves as an example before others, such words as honor, duty, dignity, re- will see in us an example of someone and hopefully, as an encouragement be- spect, decency, morality, ethics, truth- that is good, that is at once an example fore others, and look at our legislative fulness, and how much that was the that can be held up before your chil- record, and maybe we can say, I hope foundation on which this great Nation dren and at the same time an encour- my children know and obey my laws so was built. We have had some look at agement to those children to live out things will go well for them. And per- the character and the nature of the in their lives the best of all that good- haps, if we can have any confidence, we American people. For all our foibles, ness that was placed in each and every might in some way emulate that won- Mr. Speaker, we really have not as a one of those precious children by a derful kindness and great charity given Nation strayed that far from those wonderful God and Creator who had the to us by a God who is of such generos- wonderful, courageous, devoted, dedi- generosity to create us after His own ity that He would create us humble cated people that founded this great image. beings in His own image. Nation. We are still fundamentally So where do we look? Let me suggest It is a serious matter we have dis- good people, and we are still fundamen- that we look to that Creator, that most cussed here this evening. We have not tally people that depend upon rules of wonderful Creator who must have had done justice to it. We find ourselves law and rules of governance around his frustrations, do you not suppose, leaving this hour’s discussion, even which we might organize ourselves and with the children of Abraham, as we after the wonderful contributions given our personal lives and our relationship read in the Old Testament, as they by the gentleman from Pennsylvania to one another. We do look to the gov- wandered and they struggled and they (Mr. PITTS); the gentleman from Ari- ernment. Then it comes to some of us were serving and they vacillated be- zona (Mr. HAYWORTH); the gentleman to be part of the government. tween faith and doubt? How many from Missouri (Mr. TALENT); and the I was struck today, I had for me an times do you suppose they let their gentleman from Texas (Mr. DELAY), incredible privilege. I actually was able God and their Creator down with their and my own meager offering here, to substitute for the Speaker of the inability to understand or their inabil- probably with more questions than an- House today in the business of swear- ity to accept or their inability to prac- swers. But are they not great ques- ing in a new Member of our body, 435 tice in their own lives a disciplined tions, Mr. Speaker? Questions about people, all of whom are given a trust, a faith? Yet He never left them. How the goodness of a people in a land that sense of responsibility, a certain many times have we said, you and I, in was created by people to do honor to amount of confidence and faith and ex- our own childhood and we have heard it the greatest gift of all, the gift of free- pectation placed in each and every one from our own children, have we not, dom from Lord God Almighty, our Cre- of us. I suppose maybe we do not stop ‘‘Well, if God is so powerful, why ator. and think back about how big a deal doesn’t he just stop me from doing f that is in our lives and how big it can those things?’’ be in the lives of others who have CONTINUING STATE OF EMER- b trusted us. I am sure the gentlewoman 2045 GENCY IN AFRICAN-AMERICAN from California (Mrs. CAPPS) did today So if I was bad, it must be his fault. EDUCATION on this day of her first day of work as But that is what freedom is all about, The SPEAKER pro tempore (Mr. a Member of the Congress of the United is it not, giving us both the freedom to BURR of North Carolina). Under the States, charged with the responsibility do, to choose, and the responsibility Speaker’s announced policy of January of writing law. that goes with it. 7, 1997, the gentleman from New York I think what we must do is ask our- As I read in the Old Testament about (Mr. OWENS) is recognized for 60 min- selves, what is our responsibility? Who the struggle and the search of the chil- utes. are we and what are we doing here? We dren of Abraham and the expressions of Mr. OWENS. Mr. Speaker, I want to look for examples. We in Texas, for ex- hope by their God and their Creator, talk about the continuing state of ample, like to cite our favorite Speak- our God and our Creator, I am struck emergency in African American edu- er Sam Rayburn, a man of great sage by something. The Lord God Almighty cation. I have come here many times to March 17, 1998 CONGRESSIONAL RECORD — HOUSE H1225 talk about education, and I may seem will be broadcast all across the coun- stand that we cannot improve edu- repetitious, but I only come because I try, and various groups will be meet- cation unless the place where the chil- do not see enough movement among ing, and satellites will tie in some of dren come to learn is properly the decisionmakers at any level to deal the discussion. equipped, it is safe, conducive to learn- with the emergency that we confront It is a very important development ing, the laboratories have equipment in the African American community. I because it means that as far as the for science courses that are held; there do not see enough movement at the President is concerned, as far as this is a library. There are all kinds of Federal level, I do not see it at the administration is concerned, they are things that need to happen. State level, I do not see it at the local not slacking, they are not hesitating to We need to also consider educational level either, and I think that it sort of go forward with their push to get some- technology, telecommunications equip- contradicts the intense feeling of the thing accomplished that is significant ment, computers and video equipment. American people about education. in school construction in this year. All of that is not a luxury anymore. They really want us to make some I was disappointed that it fell off the That should be integrated into the movements in a more rapid and a more radar screen last year. Somewhere the whole process of improving our instruc- positive way toward resolving some of negotiations between the President and tion, and those are capital items that the problems that our schools face. the majority party in the Congress, ought to be in the fiscal facilities’ Despite the fact that the polls con- construction got lost and was taken off budgets. Let us keep the common sense tinually show that the American peo- the table. It is quite clear that the on target. ple rank education as a priority prob- President does not intend to take it off Let us support the effort on April 8 lem, there is this slow movement, and the table this time, and one indication and use it to further pressure our elect- the problem faced by the mainstream of the commitment of this administra- ed officials to move on school construc- community is serious enough. How- tion to a construction program is the tion. They can move in New York City. ever, the problem faced by the African fact that on April 8 there will be a na- They have more than $1 billion surplus. American community, where most of tional forum, a national discussion. They expect $1 billion surplus from this our young people who are school age Everybody is invited to do something year’s budget. That surplus should be are concentrated in the big cities of at their own local level. I think Con- dedicated partially, certainly, to some America, in the inner-city commu- gress at that time will be on recess, but aspect of school construction. Maybe nities, they are staggering. The schools we are invited to do things back in our New York can show that it cares about in many of our big cities are literally district, and I certainly plan to make its children by first dedicating part of basket cases, and that is no exaggera- certain that we do something of high that available $1 billion surplus to the tion. visibility in my district to link up with elimination of coal-burning furnaces. I do want to punctuate my remarks the administration’s effort to put con- We have almost 300 schools that have before I go into a more thorough dis- struction, school renovation and things coal-burning furnaces, and we could cussion of the emergency in the Afri- related to providing safe physical fa- move to eliminate those coal-burning can American community, the edu- cilities for our children on the front furnaces. Maybe on April 8 in New cation emergency, I want to punctuate burner in everybody’s mind. York City, we need to highlight this my remarks with some good news. We need to raise the level of aware- whole matter of the coal-burning fur- There is some good news that I would ness still of the voters and the average naces as a way to get it started. New like to share with the people out there citizen, but I think they may already York State has more than $2 billion in whose common sense has helped to be ahead of the decisionmakers in our surplus, and that surplus, some part of make this happen. The common sense city councils and the decisionmakers that could be dedicated to the elimi- of the American people keeps bubbling in the State legislature and some of nation of the coal-burning schools. up and getting to some of our top deci- the decisionmakers here in Congress There is no reason why the combina- sionmakers, and I think that it is fi- who are still not aware of the fact that tion of the city surplus funds and State nally breaking through to our top deci- this is crucial. Construction and every- surpluses could not be used right away sionmakers that construction, school thing related to physical facilities is to eliminate the coal-burning furnaces. construction, is at the heart of any ef- crucial. We do not have to wait for the Fed- fort to improve our schools. The President’s proposal is for $22 eral Government, but I am grateful School construction and school re- billion in loans. The loan program that that the Federal Government, under pairs and things related to the simple was proposed last year has been made the leadership of President Clinton, is matter of physical safety, and adequate better by the fact that the last year’s going to remain on target. I hope that equipment in the schools, those mat- proposal talked of low interest rates out of shame the localities like the ters are central to any improvement ef- and the Federal Government subsidiz- State of New York and the City of New forts we make. One cannot really seri- ing so that those low interest rates York, local governments and State ously talk about reducing class sizes would be there for the districts that governments all over the country will and having a better ratio of students to chose to borrow to build schools. This be shamed into getting out there and teachers unless we also build addi- time, the proposal says that there will taking the lead before the Federal Gov- tional classrooms. These are common- be no interest rates. In other words, no ernment comes to our rescue, and I sense matters, but there are people interest will be charged. The principal hope that the Federal Government’s in- who want to move on to reduce the is all that the locality will have to pay sistence that something must be done sizes of classes, but they do not want to back. They are going to subsidize will certainly wake up the citizens to talk about construction. That costs too through tax credits. The lending insti- push and pressure and demand that we much money. They want to deal with a tution, a variety of institutions that get some action on this matter of nonsolution. are going to participate in this process, school construction. If we do not have the classrooms, and the lending institution will receive a b we talk about funds for more teachers, tax credit which will cover what they 2100 then that is a nonsolution. More teach- would normally be charging in inter- School construction is at the heart of ers cannot decrease the ratio of stu- est, and the Federal Government will any improvement, but there are many dents to teachers if they do not have a be responsible for that tax credit. other things that have to happen. classroom to go into to teach those This is a proposal that still has to Tonight I do want to talk about some students. pass. It has the support of the adminis- of the other things that must happen in So the good news is that at the meet- tration and in large part of the Con- order to really improve education in ing this afternoon, Vice President gress, certainly the Democratic Mem- general and, specifically, education in GORE announced that on April 8 there bers. the African American schools, schools will be a national forum on the whole I hope that we can keep a focus on where most of our African American issue of school construction, a national this common-sense agenda. It is a sim- students are educated. electronic forum. We are going to have ple matter on the one hand; it does not They still are, by and large, seg- a big event here in Washington that take a Ph.D., a very high IQ, to under- regated in big cities in the North and H1226 CONGRESSIONAL RECORD — HOUSE March 17, 1998 far West. The patterns of housing are confine my remarks to the elementary to how to teach. They need people with such and the dwindling commitment to schools and the test results and what experience on top. integration is such that most of them that means. That one action, which was really are still going to school in segregated I think New York City and the edu- driven by budget considerations, it was schools. cation system in New York City is an the wrong decision. They should have I do not plan to deal with the virtues excellent place for case studies, or one done something else, somewhere else in of segregation versus the evils of seg- big case study. We have a system with the budget. The last thing that should regation, or the virtues of integration 1,100 schools and 1,100,000-plus students, have been done was to encourage the versus the evils of integration. I do not more than 60,000 teachers. It is a fan- leadership to leave the schools. care to deal with that tonight. I think tastic laboratory for education. All So we have schools that were not that the fact is that the way things kinds of things are going on there. It is good 10 years ago that are far worse have developed, we have large numbers a central-policy-making body, but it now as a result of many forces, but the of African American youth in inner only makes general policy. major factor is the fact that they city schools, and those schools are in They have 32 community school pulled out the leadership. They pulled terrible shape. boards, and they differ in the policy- out the best teachers and the best ad- I want to talk tonight from the base making bodies that they have. There- ministrators. of a lecture that was given by an ex- fore, the policies and the emphases dif- We cannot blame this on the top ad- pert on this subject. I want to use ex- fer, even though they are under one ministrator, because we have had three cerpts from that lecture to pinpoint basic chancellor and one board of edu- or four top administrators in the posi- the kinds of things that are happening cation. These differences are very in- tion of chancellor in the last 10 years. in African American education across teresting to behold. There are patterns The present one has been there 2 years, the country. that apply throughout the city to com- and we cannot really hold him account- I heard a presentation by the author munities that are similar in terms of able for what has happened. A chan- of this lecture. I heard the presentation income and demography, and there are cellor in New York City would have to on February 25 at Howard University, patterns sometimes that are broken, be around for 5 to 10 years before we where we had a breakfast forum spon- suddenly. could really hold him accountable. I sored by the National Commission for When you see schools that break out hope we can maintain some kind of African American Education and of a pattern, it seems to me a good ex- continuity and the present chancellor CRESPAR. CRESPAR is a program ample to go study and find out why you will be around long enough to see if funded to help students placed at risk have a high-performing school in an that leadership has some continuity by OERI, the Office of Education, Re- area of great poverty, when most of the and will be able to stabilize the system search and Improvement. schools in areas of great poverty in and stop it from going down more rap- A combination of CRESPAR and the New York perform very poorly. idly and also to improve the system. National Commission for African The results of the reading and math I also want to speak about some ob- American Education sponsored this tests, the test scores, in summary say servations that I have in the pending forum. This is the first of three forums. to me that we have a basket case of a markup of the Higher Education As- sistance Act tomorrow. I want to talk There is one each month; and one is system in many of our districts. Many about the impact of higher education going to be held on March 25, also at of our district’s education has almost and what is happening in our colleges, Howard University; and another will be ceased to take place. The scores are so on what is happening in our African held in April. low that you cannot say you are edu- American elementary and secondary The subject was the state of African cating anyone. Too many of the dis- American education, and the presenter schools. tricts have those kinds of reading and I am talking about the state of emer- was Dr. Antoine M. Garibaldi, who is math scores. gency in African American education. the provost of Howard University. Dr. I think that I could venture safely to The emergency goes right through with Garibaldi had previously given a lec- say that the school system of New higher education. The number of stu- ture, the annual Charles H. Thompson York City today, in 1998, is much worse dents in higher education is nothing to lecture, on November 5 of last year. than the school system of New York brag about. We have an increase, and I This lecture was used as the basis of City was 10 years ago, in 1988. In 1998, am going to talk about that number of his excerpts and his summary presen- it is much worse than it was in 1988. African American students in higher tation at the February 25 breakfast Ten years have been 10 years of decline. education, the number who have grad- forum sponsored by the National Com- One major reason for this, an obvious uated, the number getting masters’ de- mission for African American Edu- reason, is that we pulled the leadership grees and Ph.D.s. Those are increasing, cation and CRESPAR. out of our schools. Responding to budg- but far too slowly. The contents here, what I am about et emergencies in the school system, The number who are going into to read some excerpts from, this total we encouraged the most knowledgeable teaching, who come out of college, is presentation will appear in the Journal people, the people with the most expe- decreasing. The number of African of Negro Education in the spring of rience, to leave the system. To save Americans who go into teaching and 1998. I do not know, they do not give money, we wrecked the system. No cor- the percentage of African American the exact publication date, but the con- poration when it downsizes is as foolish teachers in the schools where the tents of this presentation will be there as the New York City school system greatest number of African American in full. The Journal of Negro Education was. students attend has declined over the will have this lecture entitled, ‘‘Four I will not say the school system was years. It has gone down. That is part of Decades of Progress and Decline: An foolish. I do not think the teachers and the problem. Assessment of African American Edu- administrators who made those deci- I want to make some observations cational Attainment.’’ So I am going sions were foolish. It was the city hall about the fact that we are considering to read some excerpts from this presen- and the budget crisis that motivated the reauthorization of the Higher Edu- tation, which I think is a very good and pressured the system into taking cation Assistance Act in a markup to- summary. these tremendous cuts by encouraging morrow in the Committee on Edu- I also want to utilize the recently the most experienced staff to leave be- cation and the Workforce. The Com- published test results from the New cause they had the highest salaries. mittee on Education and the Workforce York City school system. The New They had advanced up the ladder and will be considering this piece of legisla- York Times and the Daily News and those were the highest salaries. tion, which is only reauthorized once some other papers carried the results You can save a lot of money if you every 5 years, so it is a critical piece of of the reading and math tests for the get rid of high-salary people and you legislation. elementary schools, and this past week bring in brand-new people to start at As we go into the 21st century we are they had the results from the middle entry level. The problem with people making a statement about the role of schools and the high schools also. I starting at entry level, they have no the Federal Government in higher edu- have with me the results. I am going to experience as to how to run schools, as cation. I am not pleased with the kind March 17, 1998 CONGRESSIONAL RECORD — HOUSE H1227 of openness of this discussion up to you saddle a teacher with the burden of the National Commission on Teaching now. I am not pleased with the breadth having to take care of her own edu- and America’s Future, I was pleased to of the inclusiveness of this discussion. cational technology program with no hear the President’s education initia- I have been here in Congress, this is help, the likelihood is they are going to tive that he brought on the night of the my 16th year. I have gone through two be overwhelmed. So they need tech- State of the Union. And there are two reauthorizations of the Higher Edu- nologists in the schools. They need very key components of that education cation Assistance Act, and the other aides in the schools. They are going to initiative. One is the 100,000 new quali- two were under our former colleague need all kinds of people. fied teachers. We must have qualified from Michigan, Representative Bill I do not think that they have taken teachers to teach our students if they Ford, who later became the chairman into consideration all of the places we are to engage in this global work force of the Committee on Education and are going to need technology workers. beyond the year 2000. Labor, and Bill Ford was noted for his It is one item that should be considered The second part of that initiative is inclusiveness in the decision-making. as we consider a Higher Education As- school construction. We can ill afford The way he approached the reauthor- sistance Act. I will be offering an to talk about the infrastructure of our ization was a whole year in advance he amendment tomorrow which deals with roads and bridges and not talk about began the process. He started the proc- this. the infrastructure of our schools. You ess by sending out the old bill, the ex- Finally, I want to end my comments are absolutely right. They are isting law, and asking for comments on on the continuing state of emergency delapidated. They are the worst things existing law. A widespread request in African American education by dis- that we can provide for our children went out to all the people in the higher cussing a situation in New York City when we talk about environments that education community, asking them to at another level. We had a problem are conducive to learning. give us their input as to how they with our elementary and secondary I have gone to a lot of schools, the would like the existing law changed. schools. We now have a problem with majority of the schools in my district, He started this process a whole year in our higher education institutions. but a lot of other schools across this advance of the markups. The City of New York, CUNY, the Nation. It is absolutely deplorable that We had a process where people were City of New York University system, we want to talk about educating our involved. We had hearings at the re- the CUNY system has more than 200,000 children when we do not put our money gional level. We had hearings in Wash- students. There are all kinds of junior where our mouths are in, putting up ington. We had all kinds of discussions colleges, senior colleges. It is a huge the funds for the school construction going on in the higher education com- enterprise; and a large number of the to build the infrastructure for educat- munity, and when we finally came to colleges, community colleges and sen- ing our children. It is absolutely un- the process of markup, there was a ior colleges, have remedial education conscionable that we sit in this House thorough understanding of what the programs. and those on the other side of the aisle issues were, a thorough understanding For some reason, the mayor and the speak about education and speak about of what was being proposed. Board of Higher Education has declared productivity when it comes to busi- Then the markups went on some- war on remedial education. Suddenly, nesses but they do not see that it times for quite a long time. The higher remedial education is being treated starts in the classrooms. When children education markup never concluded in with great contempt. They have reme- have to run for cover when it rains be- one day. It is too great a burden to dial education courses all over the cause of leaky roofs, when they are sit- bear to rush through this process, and country. I do not know why suddenly ting in classrooms and the plaster falls I hope we do not rush through it to- in New York remedial education pro- from the walls and from the top of the morrow. grams are being treated with such classroom and they have to run, that is I think as we approach the year 2000, great contempt. It is a great mistake. lost productivity in a sense because given the fact that the country now is There is a crusade against remedial they are not being trained. Therefore, enjoying one of the greatest eras of education, blindly lashing out and say- they are not learning and it impedes prosperity that we have known in this ing it does not belong in the schools those students. century, given the fact that we do not and threatening to extract them and So what you are talking about is ab- have to worry about deficits anymore, put them at the institutes. There is a solutely the number one issue in this given the fact that there is no Cold whole lot of heat being generated about country. If we are going to talk about War, given the fact that there are something without very much light. I education and the quality of education, places where there are large numbers am going to talk about that as part of we must first put our children in class- of vacancies, job vacancies, especially my total discussion on the continuing rooms and facilities that are conducive in the telecommunications and infor- state of emergency in African Amer- to learning. mation technology area. ican education. I brought some statistics along and I The information and technology area I am pleased to see that I have been want you to just hear me out here for requires higher education beyond high joined by my colleague, the gentle- a second. One-third of all elementary school, generally; and there are a great woman from California (Ms. and secondary schools in the United number of vacancies. They estimate MILLENDER-MCDONALD), who I yield to States serving 14 million students need there are as many as 300,000 vacancies. for a statement. extensive repair or renovation. Now I get a different number every day, but b this is what we are talking about. it keeps climbing. There are 300,000 va- 2115 Mr. OWENS. I am pleased that the cancies now, and the projection is that Ms. MILLENDER-MCDONALD. I gentlewoman has brought these statis- this is going to go on for the next 10 thank the gentleman so much. When I tics. You are talking about all stu- years. heard the gentleman speak about the dents. We are talking about the main- We are going to need more and more emergency state that our education stream. I am going to focus on just the people who are trained and well-edu- system is in, I had no other recourse African American community, but it is cated with respect to information tech- but to come to this floor. Let me first bad in many other places outside the nology. We are going to need people thank the gentleman for his unwaver- African American community, suburbs who are not so well-trained. For every ing, tireless efforts on behalf of the and rural as well as in the inner cities. genius, we are going to need some as- children of this country because he Ms. MILLENDER-MCDONALD. Abso- sistance. For the designers for web comes to this floor every night to talk lutely. I come from inner city so I am sites and computer systems and soft- about the conditions of education in talking about the schools in the Los ware, we are going to need their help- this country and until we do something Angeles Unified School District, in the ers. about that, I am sure he is going to Compton School District, in the Long We are going to need technologists, continue to come and he is going to Beach School District. These are urban mechanics, aides in the schools. We are pull some of us out. Because we recog- school districts that I am talking going to need a whole bevy of people to nize what the state of emergency the about, with the majority minority stu- make educational technology work. If education system is in, as I serve on dents. As we look at the work force in H1228 CONGRESSIONAL RECORD — HOUSE March 17, 1998 the year 2000 and beyond, it will be a tion that they want applications for Mr. OWENS. We share the same sen- majority minority. But we cannot edu- the 1000 places, they got 22,000 applica- timents, but I think you are aware of cate kids in these dilapidated schools. tions, 22,000 applications for 1000 what is taking place in the African That is what we are talking about. places. Here in Washington I under- American community, that there are Minority students, African American stand they had a situation where they large numbers of parents who have students, Latinos, Asians and others, put out the same thing. There is a given up on the system and they want, they will not be able to move into the scholarship fund that has been set up they say they want vouchers. The polls 21st century because they will be be- by the private sector and they got 7000 show this. What is happening is our Re- hind having been impeded by the lack applications for 1000 different places. publican colleagues, by the way, they of infrastructure in these schools. Suppose they had more money and know that in their districts their con- Let me give you some more statis- could give more tuition scholarships, stituents do not want vouchers. Their tics. Over 60 percent of the Nation’s how many private schools are there constituents want continued improve- 100,000 public and elementary school fa- that can absorb the youngsters who are ment in public schools and they think cilities need major repair. We are talk- attending our public schools? How they have good public schools so their ing about schools across the strata but many are there and how quickly will own constituencies are not interested we are really talking about a lot of the they run out of space? Many of them in vouchers. They are going to go out urban schools because that is where have waiting lists for people who can and advocate for the African American the parents are not able to put money afford to pay. They do not have room parents that they should have vouchers into the schools to help, whereas in for them, let alone people who are com- and they are using them as guinea pigs, suburban schools, some suburban ing in on the scholarship basis. So they are whipping up all of these false schools and some is rural schools. most of our children are going to be promises about what vouchers may Rural schools and urban schools are educated in public schools. I am all in produce. And as I pointed out before, pretty much in the same boat. They, favor of charter schools and experi- when you come to the point where you too, are witnessing a decline in school menting with charter schools, but the have the places in the private schools facilities that will not be conducive for reality is that in the next 10 years that are all too few and nevertheless children and their learning. In 1996, an most of the children of America, cer- they keep pushing the idea that vouch- estimated $112 billion was needed to re- tainly 95 percent of the children who ers are the answers to school improve- pair and upgrade school facilities into live in the inner city who are African ment in America. It is a dogma. They a good condition, not excellent condi- American are going to be educated in seem blind to the reality and to reason. They go right ahead. But they are pa- tion, which means that the child might public schools. We have to improve rading, there are parading African come in and something, plaster might public schools. That is the only real so- American parents out to support that fall on them. So when you talk about lution that is going to help African argument. Our first duty is to get to our African American children, you are American students and parents. Ms. MILLENDER-MCDONALD. And the African American parents and lead- talking about schools that are abso- ers, and it is hard to tell them not to lutely dilapidated and we should feel the one real solution to keep America strong, we must invest in public edu- give up on the public school system be- badly, we should really feel, talking cation. Vouchers are not the answer. I cause they have gone through so much about feeling ungodly, we should when can tell you that unequivocally, be- and, as I said before, New York, things we ask kids to go to these types of cause when you give the vouchers, you are getting worse in the public school schools to learn. We do not come to are only giving X amount of dollars, system. But we have no choice. We this House where the roof is leaking supposedly, for the tuitional fee or tui- have to drive it home. We have no and the plaster is falling. Why should tional cost of the student going to a choice. Most of our children are going we ask the 50 something million chil- private school. But you do not take to be educated in the public school sys- dren in this country to be put in that into consideration the transportation tem. We must improve the public edu- type of environment. that the parent has to provide for that cation. So I am happy tonight that you have student to go over there. If that stu- Ms. MILLENDER-MCDONALD. Abso- come to talk about that and to talk dent gets ill, the means by which or lutely. I am a product of the private about all of the things that are imped- the inability of parents to go, to find schools, but my father paid for the tui- ing the quality education, public edu- their way to the school to take the tion, not, he did not strip public edu- cation that is sorely needed in this child to what we perceive now, not cation funds for me to go to a private country. Public education must be the really any health care facilities at all. school. And so I submit to you for par- tool that helps African American chil- The kids are not networking in the ents who want to pay for the private dren, other minority children to get community of which they live. As a tuition, so be it. But we can ill afford the head start that they need if we are former educator, I will say to you, I to have anyone in this body strip the going to cross this bridge into the 21st fought the voucher in California and funds from public education to trick century with students and ultimately will fight it again because vouchers are parents into going to schools whereby workers to be prepared for this global not the answer. I am for charter the parents will not be able to con- work force. schools, for those experimental types tinue, first of all, the tuition fee. Tui- I will defer to the gentleman. of schools that will allow the local con- tion fee as we looked at this a couple of Mr. OWENS. I think you have said trol to be in control of their schools years ago when we had that as a propo- public education. I just wanted to and that is because parents are in- sition on the California ballot was be- make a note here that large numbers of volved in that process. That is why I yond the amounts of money that the parents in the African American com- am open to that concept. But never to voucher system would entitle them to munity, when they are interviewed for the one that suggests that vouchers have. So consequently, they would not polls have been indicating that they will be the answer when vouchers have have enough money to even pay for the want to send their children to private not and will not be the answer to qual- tuition, let alone the transportation schools. The majority party, the Re- ity education for students. You are and all other factors that are embedded publicans are offering vouchers and taking them out of their neighborhood in this whole notion of transferring scholarships, et cetera, to go to private environments. You are putting them kids from public schools to private schools as an answer, a solution to this ofttimes in environments that are schools. I will say to you that I am not problem. However, I have no problem more hostile because they do not know for that, but a lot of my parents are with parents who want to send their anyone and it becomes an isolated en- not for that; they are African Amer- children to private school if they can vironment and then the parents are ill ican parents. Maybe it is because we get them in. We have the mayor of New prepared to go and get the child if the have drilled them quite a bit. We have York with a scholarship program which child is sick. And so the voucher sys- had sessions with them, and they do provides spaces in private schools for tem is not a system that will work. I understand the ramifications of the 1000 youngsters. There are 1,120,000 plus submit to you that a lot of our Presi- issue if in fact they would choose to do youngsters who go to school in New dents went to public schools, finished that. And they do not choose to have a York. So when they put out the indica- public schools. voucher system. March 17, 1998 CONGRESSIONAL RECORD — HOUSE H1229 Mr. OWENS. Maybe it is because heard of that. I think again it is uncon- understand that I am not a fanatic. I they have excellent leadership in an scionable that we are talking about am not an extremist. I am not coming educator like you. They understand bringing folks into a country that has repeatedly talking about the same sub- better. so much to offer and a people who are ject because I have some kind of men- Ms. MILLENDER-MCDONALD. We thirsty for this type of education that tal infirmity. I just think that our are trying to educate the masses be- we cannot educate our own to provide children, our grandchildren will be cause I think it is important that we them the jobs that will be sorely need very disappointed in us if we do not do that. I think we as CBC Members in the Silicon Valley to all other places take advantage of this opportunity we should really do the network and the where high tech is booming. have at this moment in American his- cross to the school board Members and So I submit to the gentleman that I tory. others to educate our constituencies to hope that we come to our senses before We have no evil empire to fight. We let them know that stop before you this bill comes and goes off of this have the highest prosperity levels that pick up the wrong plum because that floor. What type of message are we we have had in this century. If we do might not be the plum, that might be sending to our students? I have a not invest in education now, when will the plum with the worm in it. science academy with very bright kids we do it? Are we going to let these op- b 2130 coming from low-income families. It is portunities that are opening up go by not the top 1, 2 and 5 percent, it is the without making an effort to have a We must be careful of folks coming middle level who are very sharp kids match between the opportunities and in sheep clothing because it may not be who are going to this academy. They the youngsters who are in this country the right thing that is applicable to are looking for these jobs in the future. right now? our child getting a quality education. What am I to tell them when they are I am going to hasten on, and instead I think we can do that. We can do making the A’s and B’s and wanting to of doing the entire set of excerpts that that and should do that expeditiously go to MIT and others; that I am sorry I was going to do from Mr. Garibaldi’s so that we can provide the type of lead- someone from overseas might come presentation, I am going to just read ership that African Americans and and take their jobs? his abstract and go on to the other other minorities need when it comes to I cannot do that, and, therefore, I points I want to make. this voucher program. We must just will be fighting against that bill. As I said before, this is a presen- turn off from that and start looking at Mr. OWENS. Well, I think we are tation to deal with the ‘‘State of Afri- the number of children who must be going to have that opportunity. I can American Education.’’ I am read- educated by public schools and get the thank the gentlewoman for her com- ing from Dr. Antoine M. Garibaldi, type of school facilities that will be ments. Provost, Howard University, who gave conducive to these kids and a quality Ms. MILLENDER-McDONALD. We this lecture on November 5th, 1997, at education. thank the gentleman so much for this the 18th annual Charles H. Thompson I am just appalled at us still ham- tonight. I am happy to have had an op- lecture, and it is going to be published mering out and staying on this one portunity to come and share with him in the Journal of Negro Education. I issue of vouchers and not looking at my feelings. Again, I thank him so heard him give his summary comments the crumbling schools, the inferior much for being just absolutely a stal- at a breakfast forum sponsored by the types of classrooms and schoolhouses wart person in bringing this education National Commission for African that we are asking our children to go issue to the people across this Nation American Education at Howard Univer- to, and yet we are talking about the so that they can write us and let us sity. 21st century and this global work force. know that they agree with us. They ap- To quote from Mr. Garibaldi, ‘‘Even This is why businesspeople are com- plaud what the gentleman is doing, and though significant progress has been ing now to me asking what can they do I hope he will continue his great work made in attendance and degree attain- to help create the climate in public for all our children. ment in elementary and secondary schools whereby our children can learn One-third of all elementary and secondary schools, college, graduate and profes- and have a quality education. And that schools in the United States, serving 14 mil- sional schools, data shows that there is the road that I am going to journey, lion students, need extensive repair or renova- has also been a pattern of regression not this other road. tion. with respect to African Americans’ Mr. OWENS. I think the gentle- Over 60 percent of the Nation's 110,000 educational attainment and achieve- woman might be aware, because, after public elementary and secondary school facili- ment over the last four decades. This all, she is from California, and that is ties need major repair. mixed assessment, however, must be where Silicon Valley is, she must be In 1996, an estimated $112 billion was placed in an appropriate context and be aware of this tremendous shortage of needed to repair and upgrade school facilities used to improve further those condi- information technology workers. And to a ``good'' condition. tions that are impairing the perform- she has probably heard we are going to Many schools do not have the physical in- ance of African American students. have on this floor a proposal to amend frastructure to take advantage of computers ‘‘Additionally, the presentation will the immigration bill by the people who and other technology needed to meet the highlight positive trends such as high were so harsh on immigrants and want- challenges of the next century. graduation rates from high school, im- ed to keep out immigrants. They are I am a former school teacher for the Los proved performance on selected tests now going to have proposals here ask- Angeles Unified School District in California. on educational measures, successful ing us to amend it, to bring in more In California, 87 percent of the schools re- school programs, successful students, immigrants who have high-technology port a need to upgrade or repair on-site build- the continued contributions of histori- experience, information technology ings to good overall condition. cally black colleges and universities to workers. Seventy-one percent of all California baccalaureate, graduate and first pro- They are going to try to solve the schools have at least one inadequate building fessional degree production, and to the problem of the shortage of information feature, and of these building feature prob- preparation of African American teach- technology workers not by increasing lems: 40 percent are the roofs; 42 percent are ers, to name just a few. the educational opportunities for the exterior walls and windows; 41 percent are ‘‘Specific recommendations are also people in this country, they are going plumbing; 41 percent are heating, ventilation, offered to raise the level of student to bring in immigrants to do that. and air conditioning; and 37 percent of performance, i.e. more rigorous curric- These anti-immigrant Republicans are schools do not even have sufficient capability ula, higher educational standards and going to be leading the fight to get to use computers. higher expectations for students, high- more people in here to take those jobs Currently, 25 percent of schools are too er expectations by teachers, increased instead of educating people here al- small or overcrowded and the Department of involvement by parents and the vigor- ready to enable them to qualify for the Education predicts that the Nation will need ous support of communities and non- jobs. 6,000 more schools by the year 2006. profit organizations. Ms. MILLENDER-McDONALD. The Mr. OWENS. Mr. Speaker, I thank ‘‘Many challenging issues and ques- gentleman is absolutely right, I have the gentlewoman. I think most people tions are also cited to demonstrate H1230 CONGRESSIONAL RECORD — HOUSE March 17, 1998 that serious work is needed to reduce urban schools: ‘‘Earlier in this article greater than the percentage of the the many inequities that still exist in great concern was expressed about the overall population who are poor. the schools attended by African Amer- increasing segregation of many of the I am not going to read any further, ican students.’’ Nation’s public schools. Of special sig- but I do want to submit for the RECORD Now, Mr. Garibaldi is an ex-professor. nificance here is the fact that most of additional pages from this lecture, He was a professor at Xavier Univer- the schools attended by nonwhite which is entitled Four Decades of sity at one time. He has been in the youth are located in urban areas. While Progress and Decline in the Assess- field for a long time, and he has accu- this has been known for some time, nu- ment of African American Educational mulated quite a bit of firsthand experi- merous perceptions about the quality Attainment. ence, but he also uses very good of these schools are fueled by unsub- In the section that I just read, they sources, as he demonstrates in this stantiated anecdotal comments. But a mentioned poverty as a correlation presentation, in his thorough knowl- July 1996 report by the U.S. Depart- with low achievement. I want to take a edge of the state of African American ment of Education on how poverty re- few minutes to talk about the scores of education. lates to the characteristics of students the students in the public schools of I am going to ask a lot of this be in- in urban, rural and suburban schools in New York City, the elementary troduced into the RECORD without my the 1980s has made several notable schools. There was a report, as I said reading it all, because the time is going comparisons in describing the students’ before, in all the newspapers. The New rapidly. But I do want to begin by just school experiences, their school York Times did something which was pointing out that under elementary achievement, the expectations of their unusual. They took the poverty level of and secondary educational attainment, parents and other related factors. the school in the same manner in Mr. Garibaldi notes the following: ‘‘In this study, which is entitled which the study that was cited here in ‘‘Over the last four decades, African Urban Schools, The Challenge of Loca- Mr. Garibaldi’s presentation. They Americans have made tremendous tion and Poverty, the methodology chose the number of students who re- gains in elementary and secondary edu- controlled for the extent of poverty ceived school lunches as an indicator of cational attainment, and significant and three types of school locations. the poverty of the school. increases in high school completion The school locations that were exam- Therefore, the prosperity of the rates began in the 1970s. In 1975, high ined included urban, suburban and school is indicated by just the reverse, the number who do not qualify indicate school completion rate for 18- to 24- rural areas, and the level of poverty in the income level. They chose that fig- year-old African Americans was only each school was defined by the percent- ure, and in their presentation of the re- 64.8 percent compared to 83 percent for age of students who received free or re- sults of the reading and math tests for whites and 80.8 percent overall. In 1995, duced-priced lunches. Thus, more bal- New York City Schools, they added the however, 18- to 24-year-old African anced comparisons were able to be income for each school, the income Americans’ high school completion made on each factor even though more level, meaning the number of students rate was 76.9 percent, which was a 12 low-income students attended urban percent increase over the 20-year pe- who do not qualify for school lunches. schools. If the income was 2.5, that meant riod. But the high school graduation ‘‘The following highlights of the that all of the other students did qual- data for African Americans are even study’s major findings show more ify; 97.5 percent qualified for school better for 25- to 29-year-olds between clearly how factors of school location lunches. 1975 and 1995; in 1975, 71 percent grad- and the level of poverty in those uated from high school compared to schools directly and indirectly affect b 2145 86.5 percent in 1995.’’ school performance. Urban, suburban So the income level after 2.5 means He goes on in a later passage to say, and rural public schools with high pov- that 97 percent of the students were ‘‘While African Americans’ high school erty concentrations, 40 percent or poor, and in certain districts you have completion rates provide one barom- more, were more likely to have larger this tremendous concentration of pov- eter of educational attainment, per- minority student populations than erty. formance on national assessments are schools with low levels of poverty. Ad- The New York Times also went one needed to determine how much learn- ditionally, urban public schools with step further and they chose to measure ing has been actually achieved. Thus, higher concentrations of poverty en- the performance of schools with a cer- the best collection of national com- rolled larger numbers of minority stu- tain poverty level in New York City parative data is the National Assess- dents than high-poverty rural and sub- with schools who would have the same ment of Educational Progress, NAEP, a urban schools. poverty level than the rest of the congressionally-mandated project of ‘‘Sixty-nine percent of students who State, the same income level, not just the U.S. Department of Education’s attended high-poverty urban public poverty but those with high income National Center for Education Statis- schools, for example, were minorities, were measured, too; and they have put tics. Since 1969, NAEP has periodically compared to enrollment of 26 percent another column in here called Reading assessed students’ proficiency in aca- minorities at low-poverty schools. Performance. And just certain quick demic achievements in science, read- Similarly, at suburban schools, 56 per- observations. ing, mathematics and writing in public cent of the students in high-poverty One of the highest income areas in and nonpublic schools, with the spe- schools were minorities, but only 10 the city, Staten Island, happened to be cific purpose of evaluating the condi- percent of students at low-poverty sub- one the lowest performing areas. When tion and progress of education in the urban schools are minorities. Addition- you compare the performance of the Nation.’’ ally, high-poverty rural public schools students in Staten Island, which has an He goes on to talk about perform- enrolled 35 percent minority students overall level of 58.9 million, meaning ances in mathematics and reading and compared to only 9 percent at low-pov- 58.9 percent of all of the students in writing of African American students erty schools. Staten Island have incomes which dis- and students overall, showing that ‘‘Thus, most African Americans and qualify them for school lunch pro- there have been some impressive gains other minority students not only at- grams, many of the schools have in- by African American students, but tend urban schools, but the schools come levels which rate as high as 84 they still fall far short, especially when also have the highest concentrations of and 85 percent, I think 86 percent, very we come to the SAT scores over the students from families with low eco- high income levels; and, nevertheless, years. There is still a great gap be- nomic backgrounds.’’ it was one of the areas that scored low- tween the achievements of white stu- In other words, to summarize, no est when you compared the perform- dents and African American students matter where African American stu- ance of the students in those schools who take the SAT test. dents go to school, they are usually at- with the performance of students at There is a section which I think is tending schools with a large poverty the same income level in other parts of important to bring to my colleagues’ population. There is a correlation. The the State. attention in this presentation which percentage of African Americans who So Staten Island I might note, as I talks about the impact of poverty on are poor is quite great. It is much have before, has a serious problem. And March 17, 1998 CONGRESSIONAL RECORD — HOUSE H1231 this barometer is a very interesting adds value to everybody who gets it, compared to 83 percent for whites and 80.8 one that brings out the fact that we and remedial education as a part of the percent overall. In 1995, however, 18- to 24- may have some serious problems in the process will add value to the people year old African Americans’ high school way administrators and teachers and who are in our City and enable them to completion rate was 76.9 percent, a 12 per- cent increase over the twenty year period. the system is conducting itself beyond go on to qualify for some of the jobs poverty. that are available and become produc- TABLE 3—HIGH SCHOOL COMPLETION RATES FOR 18- TO However, poverty is still the major tive in our society, thus lessening the 24-YEAR-OLDS: 1975 AND 1995 problem in the majority of the districts kind of expenditure you have to make in New York City. The correlation be- to support them. Year African- Whites Overall tween the reading scores and poverty is Mr. Speaker, I insert the following Americans there in school after school except, in for the RECORD: 1975 ...... 64.8% 83% 80.8% 1995 ...... 76.9% 81.9% 80.8% every district, one or two schools, de- [Pre-publication manuscript to be published spite the low poverty level, they stand in the Journal of Negro Education, Spring Source: Carter, D.J. and Wilson, R. (1997). Minorities in Higher Education: Fifteenth Annual Status Report, 1996–97. Washington, DC: Americans Coun- out as having extraordinary perform- 1998] cil on Education. ance. Which means that despite the (Antoine M. Garibaldi, Ph.D., Howard University) But the high school graduation data for Af- fact that there is a close correlation rican Americans are even better for 25 to 29- between poverty and low performance, THE STATE OF AFRICAN AMERICAN EDU- year olds between 1975 and 1995: in 1975, 71 it can be overcome. And it is important CATION—A PRESENTATION TO THE NATIONAL percent had graduated from high school, that an attempt be made to overcome COMMISSION FOR AFRICAN AMERICAN EDU- compared to 86.5% in 1995 (Carter and Wil- it and pinpoint at the schools that are CATION son, 1997). performing well, we should pinpoint (By Antoine M. Garibaldi, Ph.D., Howard what factors allow them to overcome University) TABLE 4—HIGH SCHOOL COMPLETION RATES FOR 25- TO the poverty. ABSTRACT 29-YEAR-OLDS: 1975 AND 1995 I am going to just deal with District This presentation 1 is based on an assess- ment of African American educational at- African- 23, which is one of the school districts. Year Americans Whites We have 32 districts in New York. Dis- tainment—from the elementary grades to first-professional degrees—over the last four 1975 ...... 71% 84.4% trict 23 is located in Brownsville, a decades. Even though significant progress 1995 ...... 86.5% 87.4% large concentration of low-income has been made in attendance and degree at- Source: Carter, D.J. and Wilson, R. (1997). Minorities in Higher Education: housing projects. The overall income tainment in elementary and secondary Fifteenth Annual Status Report, 1996–1997. Washington, DC: American level in District 23 is the lowest in the schools, college, graduate and professional Council on Education. City, just about, 8.3. Only 8.3 of the stu- schools, data show that there has also been a Not only are these gains remarkable, but dents have incomes so high that they pattern of regression with respect to African the data also confirm that more African do not qualify for school lunch pro- Americans’ educational attainment and Americans have obtained an education over grams. That means that 91 percent of achievement over the last four decades. This the last three decades as a result of expanded mixed assessment, however, must be placed the students are poor, they qualify for educational opportunities and a variety of in an appropriate context and be used to im- special programs (such as Head Start, Title the school lunches, and a great deal prove further those conditions that are im- 1/Chapter 1, etc.) for African American and would have to be done to overcome pairing the performance of African American other disadvantaged students. that. students. Additionally, the presentation will While African Americans’ high school com- Finally, I am running out of time so highlight positive trends such as higher pletion rates provide one barometer of edu- I want to mention that, in dealing with graduation rates from high school, improved cational attainment, performance on na- the problems faced by areas like performance on selected tests and edu- tional assessments are needed to determine Brownsville District 23, we are going to cational measures, successful school pro- how much learning has actually been need teachers in large quantities. We grams, successful students, the continued achieved. Thus, the best collection of na- contributions of Historically Black Colleges are going to have to do something un- tional comparative data is the National As- and Universities to baccalaureate, graduate, sessment of Educational Progress (NAEP)—a usual. The Higher Education Assist- and first-professional degree production, and congressionally mandated project of the U.S. ance Act that we are discussing tomor- to the preparation of African American Department of Education’s National Center row needs to focus on teacher training teachers, to name just a few. Specific rec- for Education Statistics. Since 1969, NAEP and ways to deal with that problem, ommendations are also offered to raise the has periodically assessed students’ pro- just as it needs to focus on information level of student performance, i.e., more rig- ficiency and academic achievement in technology workers. orous curricula, higher educational stand- science, reading, mathematics, and writing We have a TRIO program which has ards and expectations for students, higher in public and nonpublic schools, with the expectations by teachers, increased involve- been over the years a program that specific purpose of evaluating the condition ment by parents, and the vigorous support of and progress of education in the nation. This works very well. The TRIO program communities and non-profit organizations. national database assesses student perform- produces students from low-income Many challenging issues and questions are ance in reading, mathematics and the areas who were able to qualify for col- also cited to demonstrate that serious work sciences at 9, 13 and 17 years of age, and in lege admission, and they have a record is needed to reduce the many inequities that grades 4, 8, and 11 for the writing assessment. of outstanding achievement. We need still exist in the schools attended by African More recent assessments since 1990, however, to look at the TRIO program in terms American students. use grades 4, 8, and 11 as the baseline of com- of the authorization level. We need to These ‘‘re-segregated’’ enrollments have parison. Before presenting the twenty-eight not occurred by accident; rather, they are double, go so far as to double the au- year trend data for African American and partly the result of the out-migration of white students, it is useful to cite NAEP’s thorization. Because from one end of whites from urban to suburban school dis- recently released summary statement of all the spectrum to the other, both sides of tricts and the ineffective implementation of students’ overall performance since the tests the aisle agree that the TRIO program, court orders designed to increase school inte- were first administered in 1969. which consists of upward-bound pro- gration in the late 1960’s and 1970’s. In spite ‘‘In general, the trends in science and grams, talent search programs, and of the 1954 Brown decision, it is discomfort- mathematics show early declines or relative some others, they work. If they work, ing to realize that in 1997 many of the stability followed by improved performance. we need to consider doubling the schools attended by African Americans are In reading and writing, the results are some- still ‘‘inherently unequal.’’ amount of appropriations and doubling what mixed; although some modest improve- ment was evident in the trend reading as- the size of those programs in order to ELEMENTARY AND SECONDARY EDUCATIONAL ATTAINMENT sessments, few indications of positive trends deal with the problem of poverty and were evident in the writing results’’ (Camp- the poverty relation to education if we Over the last four decades, African Ameri- cans have made tremendous gains in elemen- bell, Voelkl, & Donahue, 1997). are going to get students come out of tary and secondary educational attainment; TRENDS IN NAEP MATHEMATICS SCALE SCORES: the poverty areas and able to go to col- and significant increases in high school com- 1973–1996 lege and qualify to get the jobs that pletion rates began in the 1970’s. In 1975, the On the NAEP mathematics test, 17-year are available. high school completion rate for 18- to 24-year old white and black students had declining Finally, we certainly do not want a old African Americans was only 64.8 percent, scores between 1973 and 1978, but both in- crusade against remedial education in creased their performance between 1978 and our colleges in New York. Education Footnotes at end of article. 1996, with black students showing the most H1232 CONGRESSIONAL RECORD — HOUSE March 17, 1998 growth. The mathematics scores of white by Mexican Americans with 909, and Puerto poverty in each school was defined by the and black 9- and 13-year old students also Rican students with an average score of 901. percentage of students who received free of consistently increased throughout the as- African American students had the lowest reduced price lunches. Thus, more balanced sessment period. However, while black and average score of 857. comparisons were able to be made on each white students’ mathematics scores in- factor even though more low income stu- Table 5—1997 Average SAT Test Scores creased between 1973 and 1996, the scores of dents attended urban schools. The following white students were at least 25 points higher Asian-American students ...... 1056 highlights of the study’s major findings show than their black counterparts in each age White students ...... 1052 more clearly how factors of school location group. National average ...... 1016 and the level of poverty in those schools di- Hispanic students ...... 934 rectly and indirectly affect school perform- TRENDS IN NAEP READING SCALE SCORES: 1971– African-American students ...... 857 ance. 1996 Source: The College Board, 1997. The NAEP reading scores for each of the The patterns of performance were similar RACE, POVERTY LEVELS AND SCHOOL LOCATIONS three age groups of white students increased on the ACT: average overall performance was Urban, suburban and rural public schools slightly during the 1971–1996 assessment pe- 21.0 (out of a total score of 36); Asian Amer- with high poverty concentrations (i.e., 40 riod. African Americans’ scores also in- ican and White students had the same aver- percent or more) we more likely to have creased between 1971 and 1988, but fluctuated age score of 21.7; American Indian and His- larger minority student populations than between 1988 and 1996. Thus, while both panic students had scores of 19; Mexican schools with low levels of poverty (i.e., 5 per- groups’ performance showed modest im- American students scored 18.8; and African cent or less).3 Additionally, urban public provement on this key educational measure, American students had the lowest average schools with high concentrations of poverty white students’ scores averaged 30 points score of 17.1 (Selingo and Fiore, 1997). enrolled larger numbers of minority students higher than those of their black counter- than high poverty rural and suburban parts in each age group. Table 6—1997 Average ACT Test Scores schools. Sixty nine percent of students who TRENDS IN NAEP WRITING SCALE SCORES: 1984– Asian-American students ...... 21.7 attended high poverty urban public schools, 1996 White students ...... 21.7 for example, were minorities, compared to National average ...... 21 enrollments of 26 percent minorities at low On the NAEP writing tests between 1984 Hispanic students ...... 19 poverty schools. Similarly, at suburban and 1996, both white and black students per- African-American students ...... 17.1 schools, 56 percent of the students at high formed poorly. The scores of white students Source: ACT, Inc. 1997. poverty schools wee minorities; but only 10 who were in the 11th-grade decreased con- While one of the signs of progress with re- percent of students at low poverty suburban sistently over the assessment period; and spect to these tests is that there have been schools were minorities. Additionally, high eighth-grade and fourth-grade white stu- increasingly more test-takers, especially poverty rural public schools enrolled 35 per- dents’ scores fluctuated over the twelve year among minority groups 2 staff from both or- cent minority students compared to only 9 period. Black students’ writing scores also ganizations that develop and administer percent at low poverty schools (U.S. Dept. of fluctuated at all grade levels. Fourth-grade these tests have expressed their concern Education, 1996). Thus, more African Amer- black students’ 1984 score was identical to about the lower standardized test perform- ican and other minority students not only the 1996 score, while both 8th and 11th-grade ance of students who cite that they have attend urban schools, but the schools also black students’ 1996 score was slightly lower high grades in high school. To this issue, have the highest concentrations of students than their 1984 score. White 11th-grade and Donald M. Stewart, President of the College from families with low economic back- 8th-grade students and black 11th-grade stu- Board, has emphatically stated that: grounds. dents demonstrated an ability to write clear- ‘‘Educators who give high grades for aver- STUDENT ACHIEVEMENT, POVERTY LEVELS AND ly. But black 8th-grade students and white age or below-average performance promote a SCHOOL LOCATIONS 4th-grade students demonstrated vague and hollow, ‘just good enough’ attitude that is unclear writing skills. As was the case in the The level of poverty at schools was an im- detrimental to students and society’’ portant variable when examining students’ previous assessments, white students’ aver- (Selingo and Fiore, 1997). age scores in writing were at least 22 points academic achievement. Students who had Grade inflation and social promotion are the lowest levels of achievement on stand- higher than their black counterparts in each unconscionable practices that should be age group. ardized tests were more often enrolled at eliminated at every school site to assure high poverty public schools, while students TRENDS IN NAEP SCIENCE SCALE SCORES: 1969– that students have a realistic assessment of who performed at higher achievement levels 1970 both their abilities and performance. Addi- attended schools with lower levels of pov- The average NAEP science test scores for tionally, schools must assume more respon- erty. However, when the schools’ poverty 17-year old black and white students de- sibility and require students to take more levels were controlled for, the results per- creased from 1969 to 1982, but steadily in- academic and college-bound courses in junior cent of the graduates of the nation’s public creased from 1982 through 1996. The scores and senior high schools. The latter rec- schools had taken a geometry course.4 At for white 9- and 13-year old students de- ommendation is a necessity for schools with suburban schools, 73 percent of students had creased slightly from 1969 to 1977, but in- large numbers of African American and enrolled in a geometry course, compared creased moderately from 1977 through 1996. other non-white students given the evidence with 57 percent of urban students. And 60 African American students’ scores for this which shows that many of these students are percent of students who attended high pov- group also declined during the early 1970’s, more likely to take lower level courses in erty schools had taken geometry compared but increased noticeably through 1996. Even the core subject areas (i.e., English, Mathe- with nearly 74 percent of students at low though the scores of African American 9- and matics, Sciences, etc.) rather than college poverty schools. However, when the study 13-year old students increased more over the prep courses (Braddock, 1990; Oakes, 1985, controlled for the level of poverty, there was duration of the assessment period, the scores 1986; Irvine, 1990). no statistical difference among urban, rural were not higher than that of their white THE IMPACT OF POVERTY ON URBAN SCHOOLS or suburban students who had enrolled in a counterparts in 1996. Between 1969 and 1996, Earlier in this article, great concern was geometry course. To raise the educational the average score of white students was 47 expressed about the increasing segregation achievement of all students, advanced place- points higher than that of black students. of many of the nation’s public schools. Of ment as well as college-prep courses such as 1997 ACT/SAT PERFORMANCE special significance here is the fact that Algebra and geometry, biology, chemistry, The preceding NAEP data indicate that most of the schools attended by non-white three years of English and other core sub- there have been both trends of progress and youth are located in urban areas. While this jects must be offered so that students will be decline in all American students’ perform- has been known for some time, numerous prepared for college even if they elect not to ance in the four core subject areas of read- perceptions about the quality of these attend a four-year college or university. ing, math, science and writing. And those schools are fueled by unsubstantiated anec- AFRICAN AMERICAN COLLEGE ENROLLMENT AND less than proficient signs of performance are dotal comments. But a July 1996 report by ATTAINMENT unfortunately, but expectedly, reflected on the U.S. Department of Education on how Given the increases in African American other national educational measures, such as poverty relates to the characteristics of stu- high school graduation around the 1970’s, it the verbal and mathematical scales of the dents in urban, rural and suburban schools in would not have been unreasonable to expect College Board’s Scholastic Achievement the 1980’s has made several notable compari- a larger share of African Americans to at- Test, and on the English, mathematics, read- sons in describing the students’ school expe- tend and graduate from college. In 1975, the ing, and science reasoning sections of the riences, their school achievement, the expec- college-going rate for all Americans was 36.2 ACT, Inc.’s American College Test. In 1997, tations of their parents, and other related percent, compared to a rate of 32.8 percent for example, the average SAT score of all factors. In this study, Urban Schools: The for African Americans (Carter and Wilson, students was 1016 on a total scale of 1600. challenge of location and poverty (U.S. Dept. 1997). But in 1995, the proportion of African Asian American students obtained the high- of Education, 1996), the methodology con- American high school graduates who were est average score of 1056; White students trolled for the extent of poverty in the three enrolled in college decreased by almost two were next with a score of 1052; American In- types of school locations. The school loca- percentage points to 34.4 percent, compared dian students had an average score of 950; tions that were examined included urban, to a national average that increased six per- Hispanic students had a score of 934, followed suburban and rural areas, and the level of cent to 42 percent. March 17, 1998 CONGRESSIONAL RECORD — HOUSE H1233 TABLE 8—COLLEGE-GOING RATE OF HIGH SCHOOL completed their undergraduate studies. In ment, however, should not be viewed as a GRADUATES: 1975 AND 1995 1976, for example, the number of African sign of discouragement; rather it should be American women who received bacca- used as a source of motivation to improve laureate degrees was 33,489, compared to further those conditions that require imme- Year Overall African- Americans 25,026 that were awarded to African Amer- diate attention. Additionally, it is impera- 1975 ...... 36.2% 32.8% ican men—a difference of almost 8,000 de- tive that positive trends such as higher grad- 1995 ...... 42% 34.4% grees. Ten years later, African American uation rates from high school, improved per- women received 34,056 undergraduate degrees formance on selected tests and educational Source: Carter, D. and Wilson, R. (1997). Minorities in Higher Education. Fifteenth Annual Status Report, 1996–1997. Washington, DC: American compared to 22,499 that were awarded to Af- measures, successful school programs, suc- Council on Education. rican men—or roughly 11,000 more (Gordon cessful students, the continued contributions While college enrollment statistics have and Brown, 1990). In 1994, the gap was even of Historically Black Colleges and Univer- fluctuated since the peak year of the mid wider as 22,000 more African American sities to baccalaureate, graduate, and first- 1970’s when slightly more than one million women received baccalaureate degrees (52,928 professional degree production, and to the African American students (1,033,000) were versus 30,648) than did men. This pattern of preparation of African American teachers, to attending college, almost one and a half mil- almost 20,000 more bachelor’s degrees award- name just a few signs, must be constantly lion (1,400,000) African Americans were en- ed to African American women has been con- emphasized. At the same time, however, it is rolled in college in 1995 (Hoffman, Snyder sistently occurring since the early 1990’s. necessary that those negative indicators and Sonneberg, 1996). Despite the increase of which can be improved are addressed; more almost four million more African American TABLE 11—1976, 1986 AND 1994 BACCALAUREATE rigorous curricula, higher educational stand- students in college between 1976 and 1995, the DEGREES AWARDED TO AFRICAN-AMERICANS BY GENDER ards and expectations for students, higher ratio of those attending four-year and two- expectations by teachers, increased involve- year institutions did not change; 59 percent Black male bac- Black female ment by parents, and so forth. Year calaureate baccalaureate Difference attended four-year institutions compared to It may not be as easy to change the seg- 41 percent who were enrolled at two-year col- 1976 ...... 25,026 33,489 8,463 regated composition of the public schools leges and universities.5 Thus, the larger 1986 ...... 22,499 34,056 11,557 where so many African Americans are cur- 1994 ...... 30,648 52,928 22,280 number of black students in college in the rently enrolled, or the numbers of students 1990’s cannot be viewed as a major gain since Source: (1) Gordon, P. and Brown, P. (1990). Degrees conferred in institu- who come from poor backgrounds in those a significant amount are enrolled in two- tions of higher education, by race and sex: 1976–77 through 1986–87. Na- schools, but it is possible to exercise our tional Center for Education Statistics and (2) Carter, D. and Wilson, R. civic duty and inquire what can be done to year institutions. Furthermore, much of the (1997). Minorities in Higher. Fifteen Annual Status Report, 1996–1997. growth in postsecondary attendance by Washington, DC: American Council on Education. reduce class sizes, to sustain reading and blacks over the last twenty years is due to a mathematics performance beyond the fourth Overall increases of black baccalaureate grade, to offer more college prep and ad- sizable increase of African American women recipients were partly due to the rising num- who enrolled in college. vanced placement courses, and to provide ber of undergraduate awards made by his- comprehensive career counseling for stu- torically black colleagues and universities. dents. Furthermore, it is our responsibility TABLE 9—1994 AND 1995 COLLEGE ENROLLMENT OF In 1985, HBCUs awarded 16,326 bachelor’s de- AFRICAN-AMERICANS BY GENDER to find out why there are few gifted and tal- grees; between 1991 and 1994, HBCUs awarded ented programs in public schools, why Afri- an average of almost 21,000 degrees to Afri- Year Males Females Total can Americans account for almost 30 percent can Americans.7 Thus, HBCUs annually ac- of all students in special education classes, 1994 ...... 550,000 899,000 1,449,000 counted for approximately 28% of all under- and why more students do not achieve at 1995 ...... 556,000 918,000 1,474,000 graduate degrees to African Americans be- higher levels of proficiency on various sub- Source: Carter, D. and Wilson, R. (1997). Minorities in Higher Education. tween 1985 and 1994, compared to the late ject matter tests. It is also our obligation to Fifteenth Annual Status Report, 1996–1997. Washington, DC: American 1970’s and early 1980’s when they accounted resolve why 41% of African American college Council on Education. for between 35% and 32% of all black bach- students are attending two-year institutions, POSTSECONDARY DEGREE ATTAINMENT elor’s degrees.8 Nevertheless, this is still a why 350,000 more African American women The best way to determine whether any favorable sign that HBCUs, which represent than men are attending college today com- gains in college access have been realized for barely three percent of all American colleges pared to a difference of 200,000 up to 1984, and African Americans over the last two decades and universities, continue to enroll and grad- why little, if any, gains are being made at is by reviewing the amount of degrees re- uate a significant number of students even the doctoral level. These are indeed chal- ceived during this period. Regrettably though African American students have lenging issues and questions which signal though, the data show that there has not much more access to other institutions of that serious work is needed to reduce the been consistent annual increases in some of higher education. many inequities that still exist in the the degree categories since 1976. More Afri- Table 12—Baccalaureate degrees awarded to Af- schools attended by African American stu- can Americans, for example, received bacca- rican Americans by HBCUs for selected years: dents. Change and real growth are possible, laureate degrees in 1976 and 1981 than in 1985. 1985–1994 but hope must be supported by commitment In 1976 and 1981, African Americans received to standards, carefully designed educational Year HBCU baccalaureates an average of slightly more than 59,000 bach- 1985 ...... 16,326 programs, systematic action and the realiza- elor’s degrees (59,122 and 60,673 baccalaureate 1991 ...... 17,930 tion that success is within reach. With the degrees, respectively), or about 6.5% of the 1992 ...... 19,693 belief and conviction that the glass of ‘‘edu- total degrees awarded, compared to 57,473 un- 1993 ...... 22,020 cational opportunity’’ is half full, we can dergraduate degrees in 1985, or 5.9% of the 1994 ...... 23,434 help to fulfill the dreams of those numerous total (Carter and Wilson, 1989). Thus, the 1981 Source: Hoffman, C., Snyder, T. and Sonneberg, B. African American parents who expect their and 1985 totals for African Americans at the (1996). Historically Black Colleges and Universities: children to attend college and be productive baccalaureate level showed a decline in both 1976–1994. National Center for Education Statistics. citizens in the 21st Century. the number and percentage of degrees award- FOOTNOTES ed when compared to 1976. In the 1990’s, how- TABLE 15—FIRST-PROFESSIONAL DEGREES AWARDED TO 1 This presentation is based on the 18th Annual ever, the percentage increased from 6% of AFRICAN-AMERICANS FOR SELECTED YEARS: 1977–1994 Charles H. Thompson lecture—Four Decades of the total awarded in 1991 (65,341 degrees) to a Progress. . . and Decline: An Assessment of African 6 high of 7.2% in 1994 (83,576). Year First-professional Percent of total American Educational Attainment—delivered at degrees awarded awarded annually Howard University in November 1997. The lecture will be published in the Winter 1997/Spring 1998 issue TABLE 10—BACCALAUREATE DEGREES AWARDED TO 1977 ...... 2,536 4 AFRICAN-AMERICANS FOR SELECTED YEARS: 1976–1994 1979 ...... 2,836 4 of The Journal of Negro Education (Vol. 66, No. 1–2). 1981 ...... 2,931 4 2 Minority students accounted for 32 percent of 1985 ...... 3,029 4.3 those who took the SAT in 1997 compared to 22 per- African-American Percent of total 1991 ...... 3,575 5 cent in 1987. And 60 percent of the 1997 freshmen Year baccalaureate de- 1993 ...... 4,100 5.5 grees degrees awarded (959,301 students) took the ACT, compared to 817,076 1994 ...... 4,444 5.9 in 1990. 1976 ...... 59,122 6.5 Source: Carter, D. and Wilson, R. (1997). Minorities in Higher Education 3 In this study, 40 percent of urban students at- 1981 ...... 60,673 6.5 Fifteenth Annual Status Report, 1996–1997. Washington, DC: American tended schools with poverty concentrations of 40 1985 ...... 57,473 5.9 Council on Education. percent or more, and only 12 percent of urban stu- 1991 ...... 65,341 6 dents attended low poverty schools. However, only 1994 ...... 83,576 7.2 CONCLUSION 10 percent of suburban students and 25 percent of Source: Carter, D.J. and Wilson, R. Minorities in Higher Education: Eighth Based on all of the data that have been rural students attended high poverty schools; and 36 Annual Status Report, 1997. Washington, DC: American Council on Edu- presented—from the elementary grades to percent of suburban students attend low poverty cation. first-professional degrees, it is fair to say schools. 4 As has been mentioned earlier, the gains that there has been both progress and regres- Geometry was chosen by NAEP because the pat- by African Americans at the bachelor’s de- terns for students who had enrolled in this course sion with respect to African Americans’ edu- were similar to those for students who had taken gree level are primarily attributed to the cational attainment and achievement over science, foreign language and other advanced significant increases by black women who the last four decades. This mixed assess- courses. H1234 CONGRESSIONAL RECORD — HOUSE March 17, 1998

5 In 1976, almost 604,000 African American students Mr. KIND. well and faithfully discharge the attended four-year institutions, and a little more ILDEE than 429,000 attended two-year institutions. In 1995, Mr. K . duties of the office on which I am almost 834,000 African American students attended Mr. RAHALL. about to enter. So help me God.’’ four-year institutions and 614,000 were enrolled at Mr. TRAFICANT. has been subscribed to in person and two-year institutions. Mr. STOKES. filed in duplicate with the Clerk of the 6 African American baccalaureates rose to 72,346 in 1992, or 6.4% of the total, and 77,782 in 1993, or 6.7% Mr. KANJORSKI. House of Representatives by the follow- of the total. Ms. VELA´ ZQUEZ. ing Members of the 105th Congress, 7 The annual number of bachelor’s degrees awarded Mr. HAMILTON. pursuant to the provisions of 2 U.S.C. to African Americans by HBCUs for 1991, 1992, 1993 Mr. PAYNE. and 1994 were 17,930, 19,693, 22,020, and 23,434, respec- 25: tively. Mr. DAVIS of Illinois. Honorable LOIS CAPPS, Twenty-sec- 8 In 1977 and 1981, African Americans received Mr. KLINK. ond District, California. 58,515 and 60,673 bachelors degrees, respectively. Mr. MANTON. f HBCUs awarded 20,754 and 19,556 degrees to African OWEY Americans, respectively, or 35% and 32% of the total Mrs. L . Ms. EDDIE BERNICE JOHNSON of Texas. EXECUTIVE COMMUNICATIONS, (Gordon and Brown, 1990). ETC. f Mr. CARDIN. Mr. TOWNS. Under clause 2 of rule XXIV, execu- LEAVE OF ABSENCE Ms. MCCARTHY of Missouri. tive communications were taken from By unanimous consent, leave of ab- Mr. STARK. the Speaker’s table and referred as fol- sence was granted to: Mrs. MCCARTHY of New York. lows: Mr. CRANE (at the request of Mr. Mr. DEUTSCH. 8050. A communication from the President ARMEY) for today, on account of offi- Mr. FARR of California. of the United States, transmitting a report cial business. (The following Members (at the re- on Detargeting Russian Strategic Missiles, Mr. RUSH of Illinois (at the request of quest of Mr. UPTON) and to include ex- pursuant to Public Law 105—85, section 1301; Mr. GEPHARDT) for today, on account of traneous matter:) to the Committee on National Security. official business. 8051. A letter from the Assistant to the Mr. SOLOMON. Board of Governors, Federal Reserve System, Mr. DAVIS of Illinois (at the request Mr. OXLEY. transmitting the System’s final rule—Elec- of Mr. GEPHARDT) for today, on account Mr. SUNUNU. tronic Fund Transfers [Regulation E; Docket of official business. Mr. FAWELL. No. R–1002] received March 16, 1998, pursuant Mr. YATES (at the request of Mr. GEP- Mr. LEWIS of California. to 5 U.S.C. 801(a)(1)(A); to the Committee on HARDT) for today, on account of phys- Mr. GINGRICH. Banking and Financial Services. ical reasons. Mr. SAXTON. 8052. A letter from the Director, Regula- tions Policy and Management Staff, Depart- Mr. TURNER (at the request of Mr. Mr. RILEY. ment of Health and Human Services, trans- GEPHARDT) for today, on account of of- Mr. GOODLING. ficial business in the district. mitting the Department’s final rule—Code of Mr. MCKEON. Federal Regulations; Authority Citations; Mr. MARTINEZ (at the requezt of Mr. Mrs. MORELLA. Technical Amendment [Docket No. 97N–0365] GEPHARDT) for today and Wednesday, Mr. COLLINS. received March 17, 1998, pursuant to 5 U.S.C. March 18, on account of an unexpected (The following Members (at the re- 801(a)(1)(A); to the Committee on Commerce. emergency. quest of Mr. OWENS) and to include ex- 8053. A letter from the Director, Office of Mr. DIAZ-BALART (at the request of traneous matter:) Regulatory Management and Information, Environmental Protection Agency, transmit- Mr. ARMEY) for today, on account of Mr. SABO. ting the Agency’s final rule—Approval and illness. Mr. HALL of Ohio. f Promulgation of Implementation Plans; Mr. SMITH of New Jersey. California State Implementation Plan Revi- SPECIAL ORDERS GRANTED Mr. LANTOS. sion, South Coast Air Quality Management Mr. ROEMER. District [CA–169–0065; FRL–5974–6] received By unanimous consent, permission to Mr. KANJORSKI. March 16, 1998, pursuant to 5 U.S.C. address the House, following the legis- Mr. HINOJOSA. 801(a)(1)(A); to the Committee on Commerce. lative program and any special orders f 8054. A letter from the Director, Office of heretofore entered, was granted to: Regulatory Management and Information, (The following Members (at the re- ADJOURNMENT Environmental Protection Agency, transmit- quest of Mr. HINCHEY) to revise and ex- ting the Agency’s final rule—National Emis- Mr. OWENS. Mr. Speaker, I move sion Standards for Hazardous Air Pollutants tend their remarks and include extra- that the House do now adjourn. neous material:) and Control Techniques Guideline Document The motion was agreed to; accord- for Source Categories: Aerospace Manufac- Mrs. TAUSCHER, for 5 minutes. ingly (at 9 o’clock and 45 minutes p.m.) turing and Rework Facilities [AD-FRL–5978– Ms. NORTON, for 5 minutes. the House adjourned until tomorrow, 4] (RIN: 2060–AE02) received March 13, 1998, Ms. DELAURO, for 5 minutes. Wednesday, March 18, 1998, at 10 a.m. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Mr. PALLONE, for 5 minutes. f mittee on Commerce. Ms. JACKSON-LEE of Texas, for 5 min- 8055. A letter from the Director, Office of utes. OATH OF OFFICE OF MEMBERS, Regulatory Management and Information, (The following Members (at the re- RESIDENT COMMISSIONER, AND Environmental Protection Agency, transmit- quest of Mr. UPTON) to revise and ex- DELEGATES ting the Agency’s final rule—Technical tend their remarks and include extra- Amendments to Clean Air Act Interim Ap- neous material:) The oath of office required by the proval of Operating Permits Program; Com- sixth article of the Constitution of the monwealth of Virginia; Correction of Effec- Mr. ISTOOK, for 5 minutes, today. tive Date Under Congressional Review Act Mrs. MORELLA, for 5 minutes, March United States, and as provided by sec- tion 2 of the act of May 13, 1884 (23 (CRA) [FRL–5983–7] received March 16, 1998, 18. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Mrs. JOHNSON of Connecticut, for 5 Stat. 22), to be administered to Mem- bers, Resident Commissioner, and Dele- mittee on Commerce. minutes, March 18. 8056. A letter from the Director, Office of Mr. MICA, for 5 minutes, today. gates to the House of Representatives, Regulatory Management and Information, Ms. ROS-LEHTINEN, for 5 minutes, the text of which is carried in 5 U.S.C. Environmental Protection Agency, transmit- March 18. 3331: ting the Agency’s final rule—Approval and f ‘‘I, A B, do solemnly swear (or af- Promulgation of Implementation Plan; Illi- firm) that I will support and defend nois [IL167–1a; FRL–5978–8] received March EXTENSION OF REMARKS the Constitution of the United 16, 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to By unanimous consent, permission to States against all enemies, foreign the Committee on Commerce. and domestic; that I will bear true 8057. A letter from the Director, Office of revise and extend remarks was granted Regulatory Management and Information, to: faith and allegiance to the same; Environmental Protection Agency, transmit- (The following Members (at the re- that I take this obligation freely, ting the Agency’s final rule—Approval and quest of Mr. HINCHEY) and to include without any mental reservation or Promulgation of State Plans for Designated extraneous matter:) purpose of evasion; and that I will Facilities and Pollutants; Kansas; Control of March 17, 1998 CONGRESSIONAL RECORD — HOUSE H1235 Landfill Gas Emissions from Existing Munic- REPORTS OF COMMITTEES ON By Mr. BARR of Georgia: ipal Solid Waste Landfills [KS 044–1044a; PUBLIC BILLS AND RESOLUTIONS H.R. 3468. A bill providing that certain FRL–5979–7] received March 16, 1998, pursu- intermodal transportation facilities not be ant to 5 U.S.C. 801(a)(1)(A); to the Committee Under clause 2 of rule XIII, reports of exempt from local zoning ordinances; to the on Commerce. committees were delivered to the Clerk Committee on Transportation and Infra- 8058. A letter from the Director, Office of for printing and reference to the proper structure. Regulatory Management and Information, calendar, as follows: By Mr. CARDIN: H.R. 3469. A bill to amend the Public Environmental Protection Agency, transmit- Mr. GOODLING: Committee on Education Health Service Act, the Employee Retire- ting the Agency’s final rule—Approval and and the Workforce. H.R. 2864. A bill to re- ment Income Security Act of 1974, and the Promulgation of Implementation Plans; and quire the Secretary of Labor to establish a Internal Revenue Code of 1986 to require that Designation of Areas for Air Quality Plan- program under which employers may consult group and individual health insurance cov- ning Purposes; State of Iowa [IA 040–1040 (a); with State officials respecting compliance erage and group health plans provide for ex- FRL–5980–2] received March 16, 1998, pursu- with occupational safety and health require- ternal appeals in the case of adverse deter- ant to 5 U.S.C. 801(a)(1)(A); to the Committee ments; with an amendment (Rept. 105–444). minations involving experimental treat- on Commerce. Referred to the Committee of the Whole 8059. A letter from the Director, Office of ment, significant costs, or a serious medical House on the State of the Union. condition; to the Committee on Commerce, Regulatory Management and Information, Mr. GOODLING: Committee on Education and in addition to the Committees on Edu- Environmental Protection Agency, transmit- and the Workforce. H.R. 2877. A bill to amend ting the Agency’s final rule—Approval and cation and the Workforce, and Ways and the Occupational Safety and Health Act of Means, for a period to be subsequently deter- Promulgation of Implementation Plans; 1970; with an amendment (Rept. 105–445). Re- mined by the Speaker, in each case for con- Ohio [OH112–1a; FRL- 5976–9] received March ferred to the Committee of the Whole House sideration of such provisions as fall within 16, 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to on the State of the Union. the jurisdiction of the committee concerned. the Committee on Commerce. Mr. GOODLING: Committee on Education By Mr. STARK (for himself, Mr. BROWN 8060. A letter from the Deputy Secretary, and the Workforce. H.R. 3096. A bill to cor- of Ohio, Mr. GEPHARDT, Mr. RANGEL, Securities and Exchange Commission, trans- rect a provision relating to termination of Mr. DINGELL, Mr. BECERRA, Mr. BOR- mitting the Commission’s ‘‘Major’’ final benefits for convicted persons (Rept 105–446). SKI, Mr. BROWN of California, Mr. rule—New Disclosure Option for Open-End Referred to the Committee of the Whole CARDIN, Mr. CHRISTENSEN, Mrs. CLAY- Management Investment Companies (RIN: House on the State of the Union. TON, Mr. COYNE, Ms. DELAURO, Mr. 3235–AH03) received March 16, 1998, pursuant Mr. STUMP: Committee on Veterans’ Af- DEUTSCH, Mr. DOOLEY of California, to 5 U.S.C. 801(a)(1)(A); to the Committee on fairs. H.R. 3039. A bill to amend title 38, Mr. ENGEL, Mr. FALEOMAVAEGA, Mr. Commerce. United States Code, to authorize the Sec- FARR of California, Mr. FILNER, Mr. 8061. A letter from the Deputy Secretary, retary of Veterans Affairs to guarantee loans FRANK of Massachusetts, Mr. FROST, Securities and Exchange Commission, trans- to provide multifamily transitional housing Mr. GONZALEZ, Mr. GREEN, Mr. mitting the Commission’s ‘‘Major’’ final for homeless veterans, and for other pur- HASTINGS of Florida, Mr. HINCHEY, rule—Registration Form Used by Open-End poses; with amendments (Rept. 105–447). Re- Mr. HOYER, Mr. JEFFERSON, Ms. Management Investment Companies (RIN: ferred to the Committee of the Whole House EDDIE BERNICE JOHNSON of Texas, Mr. 3235–AE46) received March 16, 1998, pursuant on the State of the Union. KENNEDY of Massachusetts, Mr. KEN- to 5 U.S.C. 801(a)(1)(A); to the Committee on Mr. STUMP: Committee on Veterans’ Af- NEDY of Rhode Island, Ms. KIL- Commerce. fairs. H.R. 3213. A bill to amend title 38, PATRICK, Mr. KLECZKA, Mr. KUCINICH, 8062. A letter from the Acting Director, Of- United States Code, to clarify enforcement Mr. LAFALCE, Mr. LANTOS, Mr. LEWIS fice of Sustainable Fisheries, National Oce- of veterans’ employment rights with respect of Georgia, Mr. MALONEY of Connecti- anic and Atmospheric Administration, trans- to a State as an employer or a private em- cut, Mr. MARKEY, Mr. MATSUI, Mr. mitting the Administration’s final rule— ployer, to extend veterans’ employment and MCDERMOTT, Mr. MCGOVERN, Mr. Fisheries of the Exclusive Economic Zone reemployment rights to members of the uni- MCHALE, Mr. MEEHAN, Mr. MEEKS of Off Alaska; Deep-water Species Fishery by formed services employed abroad by United New York, Mr. MENENDEZ, Mr. MIL- Vessels using Trawl Gear in the Gulf of Alas- States companies, and for other purposes; LER of California, Mr. MOAKLEY, Mr. ka [Docket No. 971208297–8054–02; I.D. 031098A] with amendments (Rept. 105–448). Referred to MURTHA, Mr. NADLER, Mr. OLVER, Mr. received March 16, 1998, pursuant to 5 U.S.C. the Committee of the Whole House on the PALLONE, Mr. PASCRELL, Ms. PELOSI, 801(a)(1)(A); to the Committee on Resources. State of the Union. 8063. A letter from the Acting Director, Of- Mr. HASTINGS of Washington: Committee Mr. RAHALL, Mr. RUSH, Mr. SANDLIN, fice of Sustainable Fisheries, National Oce- on Rules. House Resolution 388. Resolution Mr. SCHUMER, Mr. SERRANO, Mr. anic and Atmospheric Administration, trans- providing for consideration of the bill (H.R. STOKES, Mr. STUPAK, Mr. TIERNEY, mitting the Administration’s final rule— 2870) to amend the Foreign Assistance Act of Mr. TOWNS, Mr. UNDERWOOD, Mr. Fisheries of the Exclusive Economic Zone 1961 to facilitate protection of tropical for- WAXMAN, Mr. WEYGAND, Mr. WISE, Off Alaska; Sablefish Managed Under the ests through debt reduction with developing Ms. WOOLSEY, Mr. YATES, Mr. OBER- IFQ Program [I.D. 030298A] received March countries with tropical forests (Rept. 105– STAR, and Ms. NORTON): H.R. 3470. A bill to amend title XVIII of the 14, 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to 449). Referred to the House Calendar. the Committee on Resources. Mr. TALENT: Committee on Small Busi- Social Security Act and the Employee Re- 8064. A letter from the Director, Office of ness. H.R. 3412. A bill to amend and make tirement Income Security Act of 1974 to im- Sustainable Fisheries, National Oceanic and technical corrections in title III of the Small prove access to health insurance and Medi- care benefits for individuals ages 55 to 65 to Atmospheric Administration, transmitting Business Investment Act; with an amend- be fully funded through premiums and anti- the Administration’s final rule—Fisheries of ment (Rept. 105–450). Referred to the Com- fraud provisions, and for other purposes; to the Exclusive Economic Zone Off Alaska; mittee of the Whole House on the State of the Committee on Ways and Means, and in Species in the Rock Sole/Flathead Sole/ the Union. addition to the Committees on Commerce, ‘‘Other Flatfish’’ Fishery Category by Ves- f and Education and the Workforce, for a pe- sels Using Trawl Gear in Bering Sea and riod to be subsequently determined by the Aleutian Islands [Docket No. 971208296–7296– PUBLIC BILLS AND RESOLUTIONS Speaker, in each case for consideration of 01; I.D. 030498D] received March 16, 1998, pur- Under clause 5 of Rule X and clause 4 such provisions as fall within the jurisdic- suant to 5 U.S.C. 801(a)(1)(A); to the Commit- of Rule XXII, public bills and resolu- tion of the committee concerned. tee on Resources. By Mr. STARK (for himself and Mr. 8065. A letter from the Deputy Assistant tions were introduced and severally re- ferred, as follows: BROWN of Ohio): Administrator for Fisheries, National Oce- H.R. 3471. A bill to amend titles XI and anic and Atmospheric Administration, trans- By Mr. DOOLITTLE (for himself, Mr. XVIII of the Social Security Act to combat mitting the Administration’s final rule— YOUNG of Alaska, Mr. SMITH of Or- waste, fraud, and abuse in the Medicare Pro- Fisheries of the Exclusive Economic Zone egon, Mrs. CHENOWETH, Mr. RIGGS, gram; to the Committee on Ways and Means, Off Alaska; Bering Sea and Aleutian Islands; Mr. HERGER, Mr. RADANOVICH, Mr. and in addition to the Committees on Com- Final 1998 Harvest Specifications for Ground- POMBO, and Mr. THOMAS): merce, and the Judiciary, for a period to be fish [Docket No. 971208298–8055–02; I.D. H.R. 3467. A bill to address the protection subsequently determined by the Speaker, in 112097B] received March 16, 1998, pursuant to of the California spotted owl and its habitat each case for consideration of such provi- 5 U.S.C. 801(a)(1)(A); to the Committee on in the Sierran Province of Region 5 of the sions as fall within the jurisdiction of the Resources. Forest Service through the use of an interim committee concerned. 8066. A letter from the Director, Federal management direction consistent with the By Mr. COOK: Bureau of Investigation, transmitting the requirements of existing public land manage- H.R. 3472. A bill to amend the Bank Protec- Bureau’s final rule—Implementation of Sec- ment and environmental laws and by setting tion Act of 1968 for purposes of facilitating tion 104 of the Communications Assistance a date certain for the completion of a final the use of electronic authentication tech- for Law Enforcement Act—received March environmental impact statement for the niques by financial institutions, and for 16, 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to management of the California spotted owl; other purposes; to the Committee on Bank- the Committee on the Judiciary. to the Committee on Resources. ing and Financial Services. H1236 CONGRESSIONAL RECORD — HOUSE March 17, 1998

By Mr. FAWELL (for himself, Mr. By Mr. MOLLOHAN: H.R. 758: Mr. FOSSELLA. GOODLING, Mr. MCKEON, Mr. AN- H.R. 3480. A bill to reduce temporarily the H.R. 773: Mr. FRANK of Massachusetts. DREWS, Mr. ROEMER, and Mr. PETRI): duty on ethylene/tetrafluoroethylene copoly- H.R. 814: Mr. SHERMAN. H.R. 3473. A bill to amend the Age Dis- mer (ETFE); to the Committee on Ways and H.R. 979: Mr. JONES, Mr. DICKEY, Mr. crimination in Employment Act of 1967 to Means. SHAYS, Mr. MCHALE, Mr. GREENWOOD, Mr. allow institutions of higher education to By Mr. ROEMER: WATKINS, Mr. DOYLE, Mr. PAUL, and Ms. offer faculty members who are serving under H.R. 3481. A bill to require the Occupa- DELAURO. a contract or arrangement providing for un- tional Safety and Health Administration to H.R. 981: Ms. ROYBAL-ALLARD. limited tenure, benefits on voluntary retire- recognize that electronic forms of providing H.R. 983: Ms. SANCHEZ. ment that are reduced or eliminated on the MSDSs provide the same level of access to H.R. 1126: Mr. MCDERMOTT and Mr. WAX- basis of age, and for other purposes; to the information as paper copies; to the Commit- MAN. Committee on Education and the Workforce. tee on Education and the Workforce. H.R. 1166: Mrs. LOWEY. By Mr. FAZIO of California (for him- By Mr. WAXMAN: H.R. 1173: Mr. KLINK, Mr. COYNE, and Mrs. self, Mr. GEPHARDT, Mr. BONIOR, Mr. H.R. 3482. A bill to designate the Federal CLAYTON. PALLONE, Mr. SAWYER, Mr. MEEHAN, building located at 11000 Wilshire Boulevard H.R. 1215: Ms. ROYBAL-ALLARD. Mr. ACKERMAN, Mr. ALLEN, Mr. in Los Angeles, California, as the ‘‘ABRAHAM H.R. 1231: Mr. STARK. BECERRA, Mr. BLUMENAUER, Mr. BOS- Lincoln Federal Building‘‘; to the Commit- H.R. 1261: Mr. MCDADE and Mr. BLILEY. WELL, Mr. BROWN of California, Ms. tee on Transportation and Infrastructure. H.R. 1369: Mr. ENSIGN. DEGETTE, Mr. DELAHUNT, Ms. By Mr. FRANKS of New Jersey: H.R. 1375: Ms. VELAZQUEZ, Mr. COX of Cali- DELAURO, Mr. FALEOMAVAEGA, Mr. H. Con. Res. 244. Concurrent resolution fornia, Mr. JACKSON, Mr. FORBES, Mr. MEEKS FARR of California, Mr. FORD, Mr. calling on the Government of Cuba to extra- of New York, and Mr. FARR of California. HINCHEY, Mr. KENNEDY of Massachu- dite JoanneChesimard from Cuba to the H.R. 1401: Mr. RIGGS, Mr. DOOLEY of Cali- setts, Mr. LAFALCE, Mr. LAMPSON, United States; to the Committee on Inter- fornia, and Mr. MILLER of California. Mr. LANTOS, Mr. LEVIN, Mr. LEWIS of national Relations. H.R. 1505: Mr. KENNEDY of Massachusetts Georgia, Mr. LIPINSKI, Mr. MATSUI, By Mr. KING of New York (for himself, and Mr. HASTINGS of Florida. Ms. MCCARTHY of Missouri, Mr. Mr. GILMAN, Mr. MANTON, Mr. NEAL H.R. 1525: Mr. GREEN. MCGOVERN, Mr. MCHALE, Mr. MINGE, of Massachusetts, and Mr. WALSH): H.R. 1531: Mr. SHERMAN and Mr. FORBES. Mr. NADLER, Ms. NORTON, Mr. OBER- H. Con. Res. 245. Concurrent resolution ex- H.R. 1595: Mr. SHADEGG. STAR, Mr. OLVER, Mr. POMEROY, Ms. pressing the sense of Congress that the set- H.R. 1601: Mr. KUCINICH, Mr. EVANS, Mr. ROYBAL-ALLARD, Mr. SERRANO, Mr. tlement of the decades-long conflict in the LANTOS, and Mr. THOMPSON. SHERMAN, Mr. STOKES, Mrs. North of Ireland should address a number of H.R. 1605: Mr. MCGOVERN and Mr. PALLONE. TAUSCHER, Ms. VELAZQUEZ, Mr. specific issues in order to foster a just and H.R. 1614: Mr. KLUG. WEXLER, Ms. WOOLSEY, Mr. UNDER- lasting peace; to the Committee on Inter- H.R. 1656: Mr. BOSWELL and Mr. CLYBURN. WOOD, and Mr. YATES): national Relations. H.R. 1689: Mr. CANNON, Mr. REDMOND, Ms. H.R. 3474. A bill to help parents keep their By Mrs. MORELLA (for herself, Mr. VELAZQUEZ, Mr. LANTOS, Mrs. MORELLA, and children from starting to use tobacco prod- SAWYER, Mrs. MALONEY of New York, Mr. ARCHER. ucts, to expose the tobacco industry’s past ONDIT Mr. SHAYS, Mr. HILLIARD, Mr. FILNER, H.R. 1704: Mr. C . misconduct and to stop the tobacco industry H.R. 1732: Mrs. TAUSCHER. Mr. BALDACCI, Mr. RAHALL, Mr. from targeting children, to eliminate or H.R. 1788: Ms. JACKSON-LEE, Mr. LANTOS, CARDIN, Mrs. JOHNSON of Connecti- greatly reduce the illegal use of tobacco and Mr. WEXLER. cut, Ms. PELOSI, Mr. PASCRELL, Mr. products by children, to improve the public H.R. 1872: Mr. NEAL of Massachusetts. ENGEL, and Mr. DINGELL): health by reducing the overall use of tobacco H. Con. Res. 246. Concurrent resolution ex- H.R. 2019: Mr. JEFFERSON, Mr. MCCRERY, products, and for other purposes; to the Com- pressing the sense of the Congress with re- and Mr. COOKSEY. mittee on Commerce, and in addition to the spect to the collection of demographic, so- H.R. 2020: Mr. MALONEY of Connecticut, Mr. Committees on Ways and Means, the Judici- ALLEN, Ms. DEGETTE, and Mr. DELAHUNT. ary, and Education and the Workforce, for a cial, and economic data as part of the 2000 decennial census of population; to the Com- H.R. 2023: Mr. CLYBURN and Mr. LUTHER. period to be subsequently determined by the H.R. 2321: Mr. DAVIS of Illinois. mittee on Government Reform and Over- Speaker, in each case for consideration of H.R. 2380: Mr. EHRLICH. sight. such provisions as fall within the jurisdic- H.R. 2400: Mr. SCARBOROUGH and Mr. By Mr. BOEHNER: tion of the committee concerned. FOSSELLA. H. Res. 386. A resolution electing the Hon- By Mrs. JOHNSON of Connecticut: H.R. 2431: Mr. CHRISTENSEN and Mr. LEWIS orable Richard K. Armey of Texas to act as H.R. 3475. A bill to amend the Internal Rev- of Georgia. Speaker pro tempore; considered and agreed enue Code of 1986 to allow a deduction for the H.R. 2454: Mr. ROTHMAN, Mr. MARTINEZ, and to. health insurance costs of all individuals who Mr. NADLER. are not eligible to participate in employer- By Mr. HOYER (for himself, Mr. H.R. 2457: Mr. MARTINEZ and Mr. NADLER. subsidized health plans; to the Committee on GEJDENSON, Ms. KILPATRICK, Mr. H.R. 2500: Mr. KLECZKA Mr. GRAHAM. and Ways and Means. MOAKLEY, Mr. FROST, Mr. HALL of Mr. LIPINSKI. By Mr. LEVIN: Ohio, and Ms. SLAUGHTER): H.R. 2509: Mr. CUNNINGHAM, Mr. CALVERT, H.R. 3476. A bill to reform the financing of H. Res. 387. A resolution prohibiting the Mr. FOLEY, Mr. BOUCHER, and Mr. BARCIA of Federal elections; to the Committee on payment of any amount from the reserve Michigan. House Oversight, and in addition to the Com- fund established for unanticipated expenses H.R. 2525: Mr. BLAGOJEVICH. mittees on Ways and Means, Education and of committees without the approval of the H.R. 2549: Mr. FROST, Mrs. THURMAN, Mr. the Workforce, Government Reform and House; to the Committee on Rules. FILNER, and Mr. SHERMAN. Oversight, and the Judiciary, for a period to f be subsequently determined by the Speaker, H.R. 2568: Mr. SOUDER. in each case for consideration of such provi- PRIVATE BILLS AND H.R. 2609: Mr. JONES. H.R. 2635: Mr. DAVIS of Illinois, Mr. STU- sions as fall within the jurisdiction of the RESOLUTIONS committee concerned. PAK, Mr. MILLER of California, Mr. GILMAN, By Mr. MATSUI: Under clause 1 of Rule XXII, Ms. DEGETTE, Mr. TRAFICANT, Mr. H.R. 3477. A bill to suspend temporarily the Mr. RANGEL introduced A bill (H.R. BLUMENAUER, Mr. WAXMAN, Mr. KLECZKA, duty on a certain drug substance used in the 3483) to provide for the liquidation or Mr. LAHOOD, and Mr. ALLEN. formulation of HIV Antiviral Drug; to the reliquidation of certain entries; H.R. 2670: Mrs. ROUKEMA, Mr. FRANK of Committee on Ways and Means. which was referred to the Committee Massachusetts, Mr. MCGOVERN, Mr. GOSS, By Mr. MCINNIS (for himself, Mr. on Ways and Means. and Mr. ACKERMAN. REDMOND, Mr. HEFLEY, Mr. BOB f H.R. 2695: Mr. BERMAN and Mr. MATSUI. SCHAFFER, Mr. DAN SCHAEFER of Col- H.R. 2701: Mr. MASCARA. orado, and Mr. SKEEN): ADDITIONAL SPONSORS H.R. 2714: Mr. FATTAH. H.R. 3478. A bill to amend the Colorado Ute Under clause 4 of rule XXII, sponsors H.R. 2723: Mr. TIAHRT. H.R. 2728: Mr. PORTER. Indian Water Rights Settlement Act to pro- were added to public bills and resolu- vide for a final settlement of the claims of H.R. 2733: Mr. STEARNS, Mr. GEJDENSON, the Colorado Ute Indian Tribes, and for other tions as follows: Mr. ADAM SMITH of Washington, Mr. GOODE, purposes; to the Committee on Resources. H.R. 4: Mr. EHRLICH. Mr. JONES, Mr. SPENCE, Mr. HOBSON, Mr. By Mr. MCKEON (for himself, Mr. H.R. 96: Mr. HASTINGS of Washington. FORD, Mr. SABO, Mr. BISHOP, Mr. EDWARDS, GOODLING, and Mr. CASTLE): H.R. 198: Mr. SMITH of Oregon. Ms. DANNER, Mr. JENKINS, Mr. HUTCHINSON, H.R. 3479. A bill to provide for the imple- H.R. 230: Mr. CUNNINGHAM. Mr. HINCHEY, Mr. HASTINGS of Florida, Ms. mentation of recommendations of the Na- H.R. 306: Mr. KUCINICH. PRYCE of Ohio, Mr. GOODLATTE, Ms. PELOSI, tional Commission on the Cost of Higher H.R. 457: Mr. FOLEY and Mr. GILMAN. Ms. DEGETTE, Mrs. LOWEY, Mr. ADERHOLT, Education, and for other purposes; to the H.R. 687: Mr. FALEOMAVAEGA and Ms. Mr. BARR of Georgia, Mr. CHRISTENSEN, Mr. Committee on Education and the Workforce. FURSE.. MARTINEZ, Mr. KLECZKA, Mr. GRAHAM, Mr. March 17, 1998 CONGRESSIONAL RECORD — HOUSE H1237

MORAN of Virginia, Mr. STUPAK, Mr. H.R. 3131: Mr. CONYERS and Mr. STARK. H.R. 3376: Mr. BILBRAY. PALLONE, Mr. TAYLOR of Mississippi, Mr. H.R. 3144: Mr. REDMOND and Mr. SHAYS. H.R. 3400: Ms. NORTON. BARRETT of Nebraska, and Mr. SCHIFF. H.R. 3146: Mr. BERMAN H.R. 3435: Mr. ENGLISH of Pennsylvania, H.R. 2754: Mr. SANDERS, Mr. MALONEY of H.R. 3148: Mr. BLUNT. Mrs. JOHNSON of Connecticut, and Mr. Connecticut, Mr. STOKES, and Mr. ALLEN. H.R. 3152: Ms. LOFGREN and Mr. RADANO- CHRISTENSEN. H.R. 2821: Mr. DICKEY, Mr. SOUDER, and Ms. VICH. H. Con. Res. 158: Mr. FOSSELLA. SLAUGHTER. H.R. 3153: Mr. ADAM SMITH of Washington. H. Con. Res. 188: Mr. STARK. H.R. 2829: Mr. CONDIT, Mr. DOOLITTLE, Mr. H.R. 3156: Mrs. MORELLA, Mr. GANSKE, Mr. H. Con. Res. 203: Mr. CLYBURN and Mr. GILLMOR, Mr. PEASE, and Mr. PICKETT. PORTER, Mr. STARK, Mr. BARRETT of Ne- WEYGAND. H.R. 2840: Mr. HASTINGS of Washington, braska, Mr. FRELINGHUYSEN, Ms. EDDIE BER- H. Con. Res. 210: Ms. SLAUGHTER and Mr. Mrs. MYRICK, and Mrs. NORTHUP. NICE JOHNSON of Texas, Mr. CONYERS, Ms. DOYLE. H.R. 2853: Mr. DELAHUNT, Mr. FROST, and JACKSON-LEE, Mr. JEFFERSON, Mr. STOKES, H. Con. Res. 212: Ms. DANNER, Mr. Mr. KENNEDY of Rhode Island. and Mrs. MEEK of Florida. REDMOND, Mr. MANZULLO, Mr. WALSH, Mr. H.R. 2868: Mr. BONILLA. H.R. 3162: Ms. GRANGER. BLUNT, Mr. THORNBERRY, Mr. SANDLIN, and H.R. 2912: Mr. ALLEN, Mr. RODRIGUEZ, and H.R. 3168: Mr. QUINN and Mr. GOODLATE. Mr. POMEROY. Mr. ORTIZ. H.R. 3174: Mr. HALL of Texas. H. Con. Res. 214: Mr. CLEMENT. H.R. 2914: Mr. MINGE. H.R. 3205: Mr. NEY, Mr. BOSWELL, Mr. H. Con. Res. 218: Mr. LEACH. H.R. 2921: Mr. STRICKLAND, Mr. SAM JOHN- ORTIZ, Mr. DICKS, and Mr. FOLEY. H. Con. Res. 233: Mr. FAZIO of California. SON, Mr. NEAL of Massachusetts, Mr. MILLER H.R. 3216: Mrs. MEEK of Florida, Mr. FRANK H. Con. Res. 235: Mr. NADLER. of California, Mr. GILMAN, and Mr. THOMP- of Massachusetts, Mr. WATTS of Oklahoma, H. Res. 212: Mr. HILLIARD, Mr. JACKSON, Mr. SON. Mr. KENNEDY of Massachusetts, Mr. LANTOS, Mr. MILLER of California, Ms. RIV- H.R. 2931: Mr. DAVIS of Illinois, Mr. DIXON, RODRIGUEZ, Mr. SKAGGS, and Mr. WAXMAN. ERS, and Mr. BOB SCHAFFER. Mr. BROWN of Ohio, Mr. MCGOVERN, and Mr. H.R. 3217: Mr. GINGRICH and Mr. RAMSTAD. H. Res. 247: Mr. DEFAZIO. TIERNEY. H.R. 3240: Mr. LANTOS. H. Res. 358: Ms. MILLENDER-MCDONALD, Mr. H.R. 2938: Mr. BARTON of Texas, Mr. SES- H.R. 3246: Mr. WELDON of Florida. SANDLIN, and Mr. LANTOS. SIONS, Mr. HALL of Texas, and Mr. HASTINGS H.R. 3255: Mr. KLECZKA and Mr. FILNER. H. Res. 361: Mr. HAMILTON, Mr. LEACH, Mr. of Florida. H.R. 3260: Ms. KAPTUR, Mr. VISCLOSKY, and FALEOMAVAEGA, Mr. SMITH of New Jersey, H.R. 2951: Mr. CHABOT. Mr. LEVIN. and Mr. FOX of Pennsylvania. H.R. 2970: Mr. ACHERMAN, Mr. SHAYS, and H.R. 3269: Mr. KUCINICH, Mr. LANTOS, and H. Res. 381: Mr. WATTS of Oklahoma, Mr. Mr. SNYDER. Mr. EVANS. NETHERCUTT, and Mr. ADERHOLT. H.R. 2983: Mr. DOOLEY of California, Mr. H.R. 3279: Mr. MCGOVERN. RUSH, Mr. TORRES, and Mr. MCNULTY. H.R. 3291: Mr. TRAFICANT. f H.R. 2990: Mr. PAYNE, MS. RIVERS, Mr. H.R. 3293: Mr. TOWNS, Ms. JACKSON-LEE, GREENWOOD, Ms. STABENOW, Mr. DAVIS of Illi- and Mr. FILNER. DELETIONS OF SPONSORS FROM nois, Mr. RAHALL, Mr. EHLERS, Mr. FOX of H.R. 3295: Mr. TIERNEY, Mr. FATTAH, Mrs. PUBLIC BILLS AND RESOLUTIONS Pennsylvania, Mr. HULSHOF, Ms. NORTON, Mr. MALONEY of New York, Mr. MARKEY, and Mr. Under clause 4 of rule XXII, sponsors DOYLE, Mr. NEY, Mr. PAUL, Ms. MCCARTHY of SPRATT. Missouri, Mr. UPTON, Mr. MCINTYRE, Mr. H.R. 3297: Mr. PICKETT. were deleted from public bills and reso- SANDLIN, and Mr. TRAFICANT. H.R. 3336: Mr. DAVIS of Florida, Mr. BILI- lutions as follows: H.R. 3032: Mr. SKAGGS. RAKIS, Mr. DEUTSCH, and Mr. WEXLER. H.R. 1415: Mr. DREIER. 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, TUESDAY, MARCH 17, 1998 No. 29 Senate The Senate met at 10 a.m. and was amendment until 12:15 p.m., with the nam on October 26, 1967, and spent al- called to order by the President pro first hour under the control of Senator most 6 years in a North Vietnamese tempore [Mr. THURMOND]. DASCHLE and the second hour under the prison. Most of that time was in soli- control of Senator COVERDELL. As pre- tary confinement. PRAYER viously ordered, at 12:15 the Senate will It is appropriate today that we not The Chaplain, Dr. Lloyd John conduct a cloture vote on the motion only recognize that 25-year anniversary Ogilvie, offered the following prayer: to proceed to the A+ Education bill. of Senator MCCAIN, but recognize the Almighty God, I pray for Your super- Following that vote, the Senate will leadership, the inspiration and what he natural strength for the women and recess for the weekly party caucuses to has meant to this country. In a day men of this Senate, their families and meet. When the Senate reconvenes at when I know many people sometimes their staffs. Bless them with a fresh 2:15, there will be an immediate vote on question whether values do count and flow of Your strength—strength to the confirmation of Susan Graber to be standards and expectations do count, think clearly, serve creatively, and en- U.S. circuit judge in Oregon. In addi- our colleague, our friend, Senator dure consistently; strength to fill up tion, if cloture is invoked on the pre- MCCAIN, is an embodiment to what is diminished human resources; silent viously mentioned motion to proceed best in this country, what has always strength that flows from Your limitless to H.R. 2646, the Senate will begin 30 been best, and what always will be im- source, quietly filling them with arte- hours of debate on the motion to pro- portant—that is loyalty and commit- sian power. You never ask us to do ceed following the judicial vote. Also, ment to your country, that is dedica- more than You will provide the the Senate may consider S. 414, the tion, it is values and standards, it is strength to accomplish. So make us international shipping bill, S. 270, the having high expectations in oneself. river beds for the flow of Your creative Texas low-level radioactive waste bill It is a rather unique example of how Spirit. Fill this day with unexpected and other legislative or executive busi- someone has been able to take the ex- surprises of Your grace. Be Lord of ness cleared for Senate action. There- perience that he has had and harness every conversation, the unseen Guest fore, Members can anticipate rollcall that energy and focus that energy for at every meeting and the Guide of votes throughout today’s session of the something very positive for this coun- every decision. Senate. try and to help make this world better. Gracious Lord, on this Saint Pat- f That is Senator JOHN MCCAIN. rick’s Day, we remember the words This morning, some of our col- MORNING BUSINESS with which he began his days. ‘‘I arise leagues—I see one on the floor, our today, through God’s might to uphold The PRESIDENT pro tempore. Under friend, Senator CLELAND from Georgia, me, God’s wisdom to guide me, God’s the previous order, there will now be a who, too, gave so much to his country eye to look before me, God’s ear to period for the transaction of morning in the Vietnam war—recognized JOHN hear me, God’s hand to guard me, God’s business not to extend beyond the hour MCCAIN in a surprise visit to his office way to lie before me and God’s shield of 12:15 p.m. with the first hour to be at 9:15. One of the things that we gave to protect me.’’ Through our Lord and under the control of the Democratic him was a United States Navy A–4 jet Saviour. Amen. leader or his designee and with the sec- fighter ejection seat. I reminded him f ond hour to be under the control of the when he came to campaign for me in Senator from Georgia (Mr. COVERDELL), 1996, as we flew across Nebraska in a RECOGNITION OF THE ACTING or his designee. small plane, one of the copilots said, MAJORITY LEADER f ‘‘Now, let me explain to you how you The PRESIDENT pro tempore. The get out of this plane if you need to,’’ able acting majority leader is recog- GRATITUDE TO SENATOR MCCAIN and I interrupted this young pilot by nized. Mr. HAGEL. Mr. President, I wish to saying, ‘‘Senator MCCAIN never uses f take a moment to call attention to a the door, he gets out another way.’’ As significant day in our Nation’s history. that young pilot went up into the cock- SCHEDULE Not only is this St. Patrick’s Day, but pit, the other pilot said, ‘‘You dummy, Mr. HAGEL. Mr. President, this it was 25 years ago today, St. Patrick’s that is Senator MCCAIN. Don’t you morning the Senate will debate the Day, March 17, 1973, that our friend and know the story how he ejected and cloture motion relative to the motion colleague, Senator JOHN MCCAIN, was crash landed and did these incredible to proceed to H.R. 2646, the A+ edu- released from the Hanoi Hilton. Sen- things?’’ We reminisced about that this cation bill, under Senator COVERDELL’s ator MCCAIN was shot down over Viet- morning and then presented Senator

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

S2083 S2084 CONGRESSIONAL RECORD — SENATE March 17, 1998

MCCAIN an actual A–4 ejection seat. I offered the prospect of achieving our Such scenes have been repeated all don’t know what he does with that, but principle goal in a way which strikes over America in recent weeks, and un- a couple of old infantry men like Sen- from the air could not possibly have derscore the human consequences of ator CLELAND and I were out of our done. It empowered UN inspectors on our policy deliberations in this cham- league dealing with the ejection seats the ground in Iraq to more fully inves- ber. Before discussing those important and we didn’t go near that seat. tigate and destroy Iraq’s weapons of questions with which this body must Suffice it to say that this Nation mass destruction. The President has, in grapple in fulfilling its Constitutional owes Senator MCCAIN and all the POWs my view, taken the correct approach. role, we must always be mindful of the a great debt. We recognize their serv- He welcomes the agreement as rep- young men and women who will risk ice, their commitment, their loyalty, resenting a solution to the current more than their reputations in carry- but mostly we recognize their leader- problem, while immediately seeking to ing out the policies we approve. ship and what they have meant to us test and verify Iraqi compliance. He re- A LITTLE HISTORY when times are tough and when we dig serves our ability to take such other Karl Von Clausewitz, the great Ger- down deep in our society and we look action as may be necessary if the man theoretician on war, once wrote, for standards and leadership and com- agreement proves inadequate. Let me War is not merely a political act but a real mitment and role models. Mr. Presi- say clearly that this outcome is a good political instrument, a continuation of polit- dent, that role model is JOHN MCCAIN. deal for the United States, the people ical intercourse, carrying out of the same by I yield the floor. of Iraq, the entire region and for inter- other means. Mr. CLELAND. I associate myself, national security. It is especially a In August of 1990, Saddam Hussein first of all, Mr. President, with the good deal for the thousands of Amer- tried to accomplish by war what he marvelous remarks from the Senator ican families who have loved ones on could not achieve by other means. Iraqi from Nebraska. He is a distinguished guard right now for us in the Persian forces invaded Kuwait. This came just Vietnam veteran himself. It was a won- Gulf. two years after the conclusion of the derful experience to be with Senator There is no more awesome respon- eight-year Iran-Iraq War, a terrible MCCAIN, Senator HAGEL and Senator sibility facing us as members of the conflict in which Saddam Hussein used KERREY this morning—all of us Viet- United States Senate than the decision chemical weapons. The war left 600,000 nam veterans. to authorize the use of American mili- Iranians and 400,000 Iraqis dead. It was a marvelous experience to be tary power. Such action puts America’s After months of fruitless negotia- there with Senator JOHN MCCAIN as he finest, its servicemen and women, in tions and after a huge U.S. and allied celebrated his 25th homecoming ‘‘back harm’s way. This basic fact was driven military build-up in the region, in Jan- to the world’’ as we used to call this home to me as I reviewed the following uary of 1991 President Bush was grant- country, when we were in Southeast press reports from my home state of ed authority by Congress to use force Asia. Senator HAGEL has spoken elo- Georgia over the past few weeks: to compel Iraqi withdrawal from Ku- quently, and I associate my remarks From the February 12 Valdosta Daily wait. The resulting Persian Gulf War with his. I hope that Senator MCCAIN Times: lasted 44 days, and the U.S.-lead forces won’t be ejected from the Senate for Troops from south Georgia’s Moody Air achieved the primary mission of evict- many, many years to come. Force Base departed for the Persian Gulf ing Iraqi forces from Kuwait. In the Mr. President, I ask unanimous con- today. Up to 3,000 soldiers from Ft. Stewart process, the United States crippled are expected to follow soon. About 80 Air sent for 15 minutes of the time allo- Force rescue personnel from the base near Iraqi defense forces, and in the words of cated to Senator DASCHLE. Valdosta departed just after 7 AM along with Lt. General Tom Kelly, ‘‘Iraq went The PRESIDING OFFICER. The Sen- two HC–130s, which refuel rescue helicopters, from the fourth-largest army in the ator has that right to be recognized for drop para-rescue jumpers to assist in oper- world to the second-largest army in 15 minutes. ations and deploy equipment for rescue oper- Iraq.’’ f ations. . . All along, the U.S. goal was to com- From the February 12 Augusta pel Iraqi compliance with U.N. Secu- THE IRAQI CRISIS: WALKING SOFT- Chronicle: rity Council resolutions calling for LY AND CARRYING A BIG STICK As tensions mount in Iraq, some Fort Gor- Iraqi withdrawal from Kuwait. De- Mr. CLELAND. Mr. President, just a don troops are preparing for possible deploy- struction of Iraq’s weapons of mass de- short time ago, the Senate was pre- ment in the Middle East, and the 513th Mili- struction, and in particular its nuclear pared to consider, and likely to adopt, tary Intelligence Brigade is poised to provide weapons program, was only a second- a resolution granting the President intelligence support for military operations ary goal. It was only discoveries made there. . . largely unlimited authority ‘‘to take during and after the Gulf War of great- all necessary and appropriate actions’’ From the February 13 Macon Tele- er than anticipated Iraqi capability for to respond to the threat posed by Iraq’s graph: deploying chemical and biological refusal to end its weapons of mass de- Base workers loaded a C–5 cargo plane with weapons, in addition to nuclear weap- struction programs. After some of us communications equipment Thursday after- noon as 30 members of the 5th Combat Com- ons, which elevated the destruction of raised concerns about the echoes of munications Group prepared to fly to the these capabilities to a key aim of Tonkin Gulf in that original wording, Persian Gulf area about 6 a.m. today. The American policy. we were then prepared to endorse a communications group, commonly known as After the cease fire which ended the measure which constrained that au- the 5th MOB, primarily is responsible for es- 1991 war, the U.N. Security Council es- thority by requiring that it be ‘‘in con- tablishing communications and air-traffic- tablished the U.N. Special Commission, sultation with Congress and consistent control systems for military operations. .. or UNSCOM, to investigate, monitor with the U.S. Constitution and laws.’’ From the February 18 Savannah and destroy Iraq’s weapons of mass de- Some of us were prepared to stand Morning News: struction capability, including its de- behind this language, and its endorse- 3rd Infantry Division (Mechanized) soldiers livery systems. ment of the President’s policy deter- like Spc. Shane Rollins of the 3rd Battalion, Over the past 6 years, UNSCOM has minations which we generally believed 69th Armor Regiment, had little time to been doing yeoman’s work in fulfilling would culminate in air strikes by relax as they prepared for a deployment to this task by destroying more Iraqi American forces against Iraq, though the Middle East. In less than a week, Rollins chemical weaponry than was accom- and nearly 3,000 other Fort Stewart soldiers no one, including the President, be- will be in Kuwait. plished in the Gulf War itself. Late last lieved that such strikes would nec- year, Saddam Hussein began denying And from the February 22 Columbus essarily accomplish our principle ob- UNSCOM the ability to inspect key Ledger-Enquirer: jective of removing Saddam Hussein’s Iraqi facilities where production and arsenal of biological, chemical and nu- As about 200 Fort Benning troops left Sat- urday for a possible confrontation with Iraq, processing of weapons of mass destruc- clear weapons. Acting Army Secretary Robert Walker said tion materials was suspected to be tak- We then were presented with a diplo- the decision to send more troops from the ing place. matic solution of the crisis negotiated post hinges on what Iraqi leader Saddam Since then, the United States, our al- by U.N. Secretary-General Annan that Hussein does next. lies and the U.N., have been working March 17, 1998 CONGRESSIONAL RECORD — SENATE S2085 around the clock to win access to Iraqi ticularly with respect to the with- Senate debated the Tet Offensive, the sites in compliance with U.N. Resolu- drawal of Iraqi forces from Kuwait. Siege of Khe Sahn, and the future of tion 687, which calls for the disman- This authority was later extended to the Viet Nam War, I say this: ‘‘Your tling of Iraq’s weapons of mass destruc- cover U.N. Security Council Resolution country is the oldest constitutional de- tion capability. 687 which established the U.N. Special mocracy in the world. As such, we all PERMISSION CREEP Commission whose function is to un- have a right to express our views open- A few weeks ago, I raised concerns cover and dismantle Iraq’s weapons of ly and honestly about the most impor- regarding the original version of the mass destruction. tant act of that democracy—sending Senate resolution which, though not The Defense Authorization Act for you into harm’s way. You are Ameri- sought by President Clinton, would Fiscal Year 1992 states specifically that ca’s finest. We are all proud of your have given the President largely un- it was the sense of Congress that: service. If called upon to conduct mili- limited authority to use whatever force ‘‘The Congress supports the use of all tary action, I know you will do your he deemed necessary to accomplish necessary means to achieve the goals duty. We are with you all the way. You this objective. I was concerned that the of Security Council Resolution 687 as will be in our thoughts and prayers original resolution was overly broad. I being consistent with the Authoriza- until you return safely home.’’ did not think it was appropriate to tion for Use of Military Force Against WHAT IS THE NATIONAL INTEREST? Iraq Resolution (Public Law 102–1).’’ grant such authority on the monu- My first question in the debate on I appreciate the fact that some inter- mental issue of war and peace without Persian Gulf policy is: ‘‘What vital na- pret this as being non-binding, even the Congress being thoroughly con- tional interests do we have at stake?’’ though it was passed by both houses of sulted about the President’s plans and In answering this question, the Presi- Congress and presented to the Presi- justifications. dent and the Congress together must I was concerned about ‘‘Permission dent as part of the Defense Authoriza- determine what responsibilities should Creep.’’ Permission Creep is when Con- tion Act. And, though some contend be shared by other nations which also gress grants the President broad pow- that these expressions of Congressional have vital interests involved. In some ers in the glow of victory without will are no longer in effect, in the ab- cases those interests are more vital thinking about the long term con- sence of formal action to rescind or than our own! sequences of granting such authority. terminate these non-time limited au- I believe that we do have a number of Of course, the reverse is also true. thorizations, I am led to the conclusion vital national interests in the Persian Whenever the United States suffers a that the President continues to have Gulf region, including: defeat, the Congress is swift to limit all the authority he needs to use mili- presidential authority. tary force against Iraq pursuant to our Fighting the spread of chemical, bio- Prior to the Vietnam War, President laws and relevant U.N. Security Coun- logical and nuclear weapons around the Johnson reported that as a result of cil resolutions. The real question is world; military tensions in the Gulf of Tonkin whether or not he should! I for one am Promoting stability in an area where he had ordered a strike against certain glad that President Clinton showed re- Iraq shares borders with: Saudi Arabia, North Vietnamese naval targets and oil straint in the most recent confronta- Kuwait, Iran and Syria, all potential reserves. In the glow of the victory of tion with Iraq. flashpoints on the world scene; Turkey, this air strike, the Congress passed the I see signs that some are already an important U.S. ally; and Jordan, infamous Gulf of Tonkin Resolution viewing the President’s acceptance of historically a key moderating force in that approved the President’s taking the diplomatic agreement as somehow the region; ‘‘all necessary measures’’ to repulse an a defeat. I do not share that view! In Securing access to the region’s oil armed attack against U.S. forces and the words of UN Secretary-General supplies, which account for 26 percent to assist South Vietnam in the defense Annan, I think America showed, ‘‘re- of world oil stocks, and 65 percent of of its freedom. It is reported that solve on substance and flexibility on global oil reserves; and President Johnson compared the reso- form.’’ To paraphrase President Teddy Building regional support for the lution to ‘‘grandma’s nightshirt—it Roosevelt, in the recent Iraq crisis this Middle East peace process between covered everything.’’ nation, ‘‘walked softly and carried a Israel and its neighbors. Of course, we all know the history of big stick.’’ I would stress that these interests Vietnam—a history we are so carefully THE SENATE DEBATE will remain regardless of whether or trying to avoid repeating. We gave the Whatever happens from this point, I not Saddam Hussein is still in power. U.S. military extremely difficult and am pleased that our deliberations on For example, Saddam is not the only complex missions. We asked it to pros- the details of the Senate resolution led problem with respect to weapons of ecute a war against a seasoned and to closer consultation between the Ad- mass destruction even in the Persian highly motivated opponent while si- ministration and the Congress, and to Gulf region itself. With respect to sta- multaneously engaging in ‘‘nation a more informed and thoughtful con- bility, it is very possible that if Sad- building’’ in South Vietnam. At the sideration of the policy choices before dam suddenly vanishes from the scene, same time, we did not give the military us. The current diplomatic solution of- the situation, at least in the short run, the latitude to win. Political leaders fers us a great opportunity to debate will worsen, with particular instability micro-managed the Vietnam War, and our policy in the Persian Gulf. I wel- along the Turkey-Iraq and Iran-Iraq we did not use decisive force. Of course, come that opportunity. borders. in the aftermath, the Congress saw fit I know some are concerned about Along these same lines, I believe we to reign in the President’s authority to whether this debate sends the wrong must take a hard look at how contain- commit U.S. troops in harms way when message to the world about American ment of Iraq is related to the achieve- it passed the War Powers Resolution in resolve. If I were able to address Sad- ment of our vital national interests, the early 1970s. dam Hussein today, I would say the fol- which, as just noted, are basically re- A more immediate example of ‘‘Per- lowing words: gional in nature. On weapons of mass mission Creep’’ is the 1991 Defense Au- ‘‘The future is up to you. If there is destruction, for example, the nation of thorization Act. Again, in the glow of to be light at the end of the tunnel for Iran poses a similar challenge. In terms victory in the Gulf War, the Congress you and the Iraqi people, it is your de- of access to oil supplies, while Saudi expressed its approval for the ‘‘use of cision. Because America walked softly Arabia supplies over half of all Persian all necessary means’’ to achieve the during this crisis, consulted with our Gulf oil exports (and 85 percent of U.S. goals of U.N. Resolution 687. That is allies, and chose a diplomatic solution oil imports from the region), even be- where we stand today. This authority does not mean the willingness of the fore the Gulf War Iraq accounted for a exists as a result of the initial joint President and the Congress to use the much smaller portion of Persian Gulf resolution passed by Congress in Janu- big stick has gone away.’’ oil production. With sanctions now in ary 1991 authorizing the use of force to As for the U.S. troops stationed place, Iraq’s contribution to global oil compel Iraqi compliance with the rel- abroad listening to this debate, as I lis- supplies is minimal. The point is, while evant U.N. resolutions of the time, par- tened thirty years ago when the U.S. we must not underestimate the threat S2086 CONGRESSIONAL RECORD — SENATE March 17, 1998 posed by Saddam Hussein, and espe- ized exclusively, or in some cases, even tional interests. The over-extension of cially by his willingness to use weap- primarily, by the United States. To American troop and naval deployments ons of mass destruction, we must be cite but one example of the kind of cal- in the Persian Gulf compromises our careful to not overestimate the role of culations I have in mind here, while ability to sustain commitments in the Iraq and thereby get preoccupied with the Persian Gulf accounts for 19% of Mediterranean, on the Korean Penin- that nation to the detriment of focus- U.S. oil imports, that region provides sula, in the Balkans and elsewhere. ing on our vital regional and global in- 44% of Western Europe’s oil imports In short, I don’t want the United terests. and fully 70% of Japan’s. States to pursue policies which might Another matter which begs an an- In posing these questions regarding win the battle against Saddam Hussein swer is the question of sustainability, our long-term policy toward Iraq, and but lose the larger war of securing our of our capacity to maintain our poli- arriving at my own answers to them, I vital interests throughout the Persian cies, not only now but also well into am led to make the following conclu- Gulf and around the globe, now and the future. For example, on the mili- sions. into the future. We should continue to tary front, are we going to require de- First, the best, and perhaps the only, carry the big stick, but build our coali- ployments for months and years rather way to secure our vital interests of tion stronger to do it and not fail to than just days and weeks? curbing the spread of weapons of mass walk softly as the situation requires. There is also the question of consist- destruction and preventing Saddam Mr. President, I look forward to con- ency—the extent to which our policy Hussein from developing the capacity tinuing this debate on these and relat- choices in pursuit of one national in- to threaten neighboring countries is ed matters in the weeks and months terest objective do not hamper the through a continuation of people on ahead. achievement of other vital objectives. the ground. In this case right now, the I yield the floor. For example, we need to take into ac- people on the ground are the UNSCOM Mr. President, I suggest the absence count what impact each of the diplo- inspections. It is these inspections, and of a quorum. matic and military options designed to not any conceivable military option, The PRESIDING OFFICER. The contain Saddam Hussein’s chemical short of an all out invasion and occupa- clerk will call the roll. and biological weapons programs are tion of Iraq, which can locate, identify, The legislative clerk proceeded to likely to have on other vital American and destroy, or at least impede Iraq’s call the roll. interests such as our encouragement of development of chemical, biological Mr. KERRY. Mr. President, I ask Russia to continue forward with ratifi- and nuclear weapons. unanimous consent that the order for cation and implementation of START Second, in order to secure our na- the quorum call be rescinded. II, and other arms control agreements. tional interests, we should place a pri- The PRESIDING OFFICER. Without On a more specific matter of military ority on international coalition build- objection, it is so ordered. policy, I feel we need to take a long, ing for peace and security in the Per- Mr. KERRY. Mr. President, it is my hard look at our current force deploy- sian Gulf. Not only is such an exercise understanding that at 11 o’clock Mem- ment strategy. Before we get to the called for in order to insure that Amer- bers from the other side of the aisle point of committing our servicemen ican soldiers and American taxpayers will be coming in. I think the moment and women, we must certainly deter- are not asked to bear a disproportion- is close to that. I do not have that long mine if we have an appropriate mili- ate share of the burden in confronting a presentation, but I ask unanimous tary mission which can only be accom- the mainly regional threat posed by consent that I be permitted to proceed plished by military means. Once such a Saddam Hussein, but also it is essen- for such time as I need, which will not determination is made, we must pro- tial to achieving our policy goals— be very long. vide our forces with sufficient re- anti-proliferation and regional stabil- The PRESIDING OFFICER (Mr. sources, and clear and concise rules of ity. HAGEL). Without objection, it is so or- engagement to get the job done. Third, in order to aid both weapons dered. The distinguished Senator from Kan- inspection and coalition-building, we Mr. KERRY. I thank the Chair. sas, Senator ROBERTS, made a very fine should be prepared to re-examine our f and thoughtful address to the Senate approach to sanctions policy. We the other day. He cited the following should not follow an approach which EDUCATION SAVINGS ACT FOR quotation from one of my personal he- isolates us from our allies in the region PUBLIC AND PRIVATE SCHOOLS roes, Senator Richard B. Russell, from or elsewhere, nor which makes us the Mr. KERRY. Mr. President, there is thirty years ago during the War in Viet villain in the minds of the Iraqi people an enormous amount of rhetoric today Nam. At that time I was serving in and its future leaders. In other words, at many different levels of Government that war. Senator Russell said: just as I don’t want us to pay a dis- about education. There is also a lot of While it is a sound policy to have limited proportionate economic cost, neither good, genuine effort in many States, objectives, we should not expose our men to should we have to alone bear the diplo- literally, as well as here at the na- unnecessary hazards to life and limb in pur- matic costs of containing Saddam Hus- tional level, to try to address some of suing them. As for me, my fellow Americans, sein. While I certainly do not call for the very real questions about edu- I shall never knowingly support a policy of an end to economic sanctions against cation. sending even a single American boy overseas What is clear to me, though, and I to risk his life in combat unless the entire Iraq, and indeed I believe the inter- civilian population and wealth of our coun- national community will need to find a think to other Members, is that there try—all that we have and all that we are—is mechanism to secure long-term lever- is still an enormous gap between the to bear a commensurate responsibility in age to maintain adequate surveillance reality of what is happening in many of giving him the fullest support and protection of Iraq’s weapons-building programs, I our schools and those things we are of which we are capable. believe that we should work with our choosing to do at the national level. It As part of our effort to produce an ef- allies to develop a comprehensive, seems clear to almost everybody who fective long-term policy for dealing long-term approach with respect to talks about education that nothing is with Iraq and Saddam Hussein we must sanctions, with graduated modifica- more important than providing the also ask the question about appro- tions geared to concrete Iraqi actions. children of America a system with op- priate burden-sharing among all of the Finally, consistent with my view portunity that is second to nobody in nations, including the United States, that we are currently paying more the world. But as the test scores and which have vital interests in the area. than our share of the financial and po- other aspects of our education system It should be the long-term aim of our litical costs of dealing with Saddam are indicating, we really lag way be- policies that the American people Hussein, I believe that, in the long run, hind the full measure of the ability should not be asked to alone shoulder we should phase-down our military that we have as a country to do that. the costs, whether in terms of financial presence in the Persian Gulf. While we We are failing too many of our children expenses, potential military casualties do have important national interests in today. We have too many crumbling or diplomatic fallout, of pursuing ob- the region, these interests are neither schools. We have too many over- jectives whose benefits will not be real- our’s alone nor are they our only na- crowded classrooms. We have too many March 17, 1998 CONGRESSIONAL RECORD — SENATE S2087 inadequately prepared teachers. And, approach that deals with the problems The fact is people earning less than regrettably, the bill on which we will where 90 percent of our children are $50,000 would get an average tax cut of be voting on a motion to proceed later being educated. Mr. President, 90 per- only $2.50 from this legislation. How do this morning, while I think it has good cent of America’s children are in the you justify that? There is not a Sen- intentions and even some good compo- public school system. What we are wit- ator here who does not come to the nents that, if they were part of a larger nessing in the Coverdell bill is an ap- floor at one time or another and talk effort, might make sense, simply does proach that drains away from that 90 about the problems of youth in Amer- not do anything to address the fun- percent a certain amount of the exist- ica, the problems of illegitimacy, of damental problems that we have in the ing support and permits those people births out of wedlock, the problems of country. Perhaps I should amend that. who get the benefit of the money that kids who have no place to go after I guess it is not fair to say it doesn’t do is drained away to be able to do what school, of kids who wind up smoking anything. It certainly puts money in they want with it. That is a very nice cigarettes or doing drugs and getting the hands of a certain group of people, idea. I do not object, as I say, in prin- into trouble. We spend billions of dol- and for them there is a benefit. So you ciple, to allowing people to have choice lars every year in order to address cannot say it doesn’t do anything. But within the education system, and also those after the fact, and here we are the question you have to ask is, is that to have some choices about the quality about to consider a piece of legislation the first place we ought to begin with of where they are going to send their that suggests that we ought to take some kind of Band-Aid solution to a kids to school. But the Coverdell bill the money out of the current expendi- much larger problem? And is that the expands the tax-free education savings ture that we put in the Federal level solution that the U.S. Senate ought to accounts to a level, $2,000 a year, re- and give it to people who are earning adopt in a free-standing effort? placing the current $500 cap, which the most money in America, a $1.6 bil- I respectfully suggest to my col- would also expand the allowable use of lion price tag over the next 10 years. leagues that as legitimate as the fun- those funds for education expenses for The Joint Committee on Taxation damental concept of some kind of sav- public, private, and religious schools, has found that half of the benefits ings account might be, this particular which obviously raises another subset would go to the 7 percent of families bill, this particular set-aside, this par- of questions. But the great majority of with children in private schools—half ticular savings account, does an injus- families—and here is the most impor- of the benefits of the $1.6 billion will go tice to the rest of the education needs tant point—the great majority of fami- to the children and their families who of the country, and it also serves those lies would get little or no tax break are already in private schools. You people who are already doing pretty from this legislation. know, it’s one thing to criticize our We have to ask ourselves some tough well and not those in need or for whom public schools; it’s another to suggest questions as we make some choices there is a much more serious set of that they are responsible for their own here in the Senate and in the budget remedies needed. In many ways what faults when they depend upon the pub- the Senator from Georgia is proposing process about where we spend our money. I do not think it’s that tough a lic dollar. If we take the public dollar could wind up inadvertently making away from them and then we turn things far worse for the overall edu- choice to ask what is the justification for providing 70 percent of the benefits around and just criticize them, it cational system. seems to me we are building the capac- I want to make it clear, and I will be of this effort to families in the top 20 percent of income in America? I do not ity for failure into the system. trying to do this more and more in the As I said before the Senator who pro- next weeks, that I think there are understand that. We know we are cre- ating more poor people. We know the posed this came to the floor, I think some enormous fundamental flaws in there are merits in the concept of a the educational system of the country. public schools that are hurting the savings program. I am perfectly happy Notwithstanding 20 years of discus- most are the public schools where to embrace a legitimate effort to cre- sions in various national fora that have there is the least amount of property ate a private savings capacity to en- brought the governments together with tax base. We know the public schools courage people to be able to put money Presidents and otherwise, and notwith- that are hurting are schools where they away to send their kids to school. That standing all of the outside reports that do not have enough money to pay is a legitimate goal. But surely we have been commissioned with respect teachers enough or they do not have have the ability to do it in a way that to our education system, the truth is enough money to put the computers in spreads the benefit more evenly across that today the system continues to im- or enough money to fix roofs that are the need in this country. You simply plode, almost. leaking or to have air-conditioning so Also, notwithstanding the remark- kids have a decent environment to cannot ignore as the country has been able efforts of individual teachers and learn in, or even to have some of the getting richer and richer in the last 10 individual schools, the fact is there are important programs that ought to be or 15 years, we have more and more more and more poor young people in part of learning—whether it’s sports or poor people, particularly poor children. America, there are more and more music or a new science laboratory or The number of poor children in Amer- pressures on the education system, and art. These are all things that have been ica is going up, as is the number of there are more and more difficulties cut in recent years, and predominantly children in need within our inner cities that teachers need to deal with and cut in those school districts that can- who deserve equally as good an oppor- principals need to deal with, particu- not afford to keep them because they tunity at a decent school as the kids of larly in inner cities and also in some do not have the tax base. these other parents, and they ought to rural areas. Our schools are attempting So what are we doing? We are going get one. So I am perfectly prepared to to do what no other school system on to talk about turning around and giv- embrace the concept, but I want to do the face of the planet attempts to do, ing 70 percent of revenue that we are it in a way that is part of an overall ef- which is to bring so many different going to give up, $1.6 billion we are fort that suggests that we understand people of different languages and dif- going to give up, in order that people the larger question of what our public ferent cultures and different races to- in the top 20 percent of income-earners education system needs. gether under one roof, too often with in America can do better. When you We Democrats would like to be able total inadequacy of resources and are asking Americans to tighten their to propose a substitute and some alter- structure. belts, and you are asking Americans to natives that would help the vast major- I don’t think it’s that hard, frankly, come together around notions of fun- ity of working families. Our bill would to analyze what is wrong. What ap- damental fairness, it is pretty hard to provide tax credits to subsidize school pears to be hard is the building of a say to them that in the midst of some modernization bonds to enable States consensus, a coalition that is willing to of the chaos that we see in the public and local public school districts to pro- tackle the things that we know are education system, the first thing we vide safe and modern schools that are wrong. I will also be saying a lot more are going to do is turn around and well-equipped in order to provide stu- about that in the days ahead. allow the people who are doing the best dents with educations for the 21st cen- But the problem with the Coverdell in America to take the most amount of tury. One-half of the funds in our bill bill is what we really need is an overall money from our first effort. would be targeted to schools with the S2088 CONGRESSIONAL RECORD — SENATE March 17, 1998 greatest number of low-income chil- those schools that work. That is why I families earning $75,000 or less. But the dren, and States would be permitted to think it is so important to look for an important point is that the governance decide where to distribute the remain- alternative, or at least work out some rules of these savings accounts are the ing half of those funds. Our bill would kind of compromise to what the Sen- exact same rules that the other side help more than 5,000 schools modernize ator from Georgia is proposing. embraced last fall in the tax relief pro- so we can reduce class size and provide I thank my colleague for his cour- posal and that the President signed. a safer environment. tesy, and I yield the floor. There is no difference. That proposal Let’s be honest. It is not hard to fig- The PRESIDING OFFICER (Mr. was designed to make the account ure out why so many parents are look- THOMAS). The Senator from Georgia. work toward middle class; this one is ing for an alternative to some of the Let me say to the Senator, under the designed to accomplish the very same public schools. I am a parent. I have previous order the Senator now has 1 thing. So it is a smoke-screen issue to two kids who we chose, ultimately, not hour, even though it will extend be- suggest that somehow the governance to send to a public school because we yond 12 clock. of this education savings account fa- did not have confidence, as a lot of par- Mr. COVERDELL. Thank you very vors people of substantive means when ents do not, for one reason or another. much, Mr. President. I do want to the other one didn’t and when they are I regret that. I actually moved where I point out with regard to the remarks identical, absolutely identical. moved with the hopes that we would made by the good Senator from Massa- The only thing that is changed is send them to the public school system. chusetts, that what we are debating that we have said that instead of $500 a You know, all of us are faced with here theoretically is not even the mer- year, you can save up to $2,000, and in- this choice. Probably too many of us in its of the legislation. The other side is stead of it just applying to college the U.S. Senate who have had kids filibustering. This is an outrageous fili- needs, it should be eligible for kinder- have opted for something else, and we buster that is designed to prohibit us garten through high school. It seems have been able to do that. That, frank- from ever getting to the legislation. pretty logical to just expand the usage ly, increases the burden on us, not de- The other side has organized. The mo- of it. I will come back to what I con- creases it. It increases the burden on us tion being debated is the motion made sider deflecting arguments from what to understand what most American by the majority leader to bring the bill the real problem is on the other side a parents are thinking as they make to the floor, and the other side is fili- little bit later. choices about their kids. bustering that. The comments that the I yield up to 10 minutes to my good So, today, people are voting with Senator from Massachusetts made colleague from Tennessee. their feet. They are voting with their about their version and wanting to The PRESIDING OFFICER. The Sen- feet. They want vouchers; they want have an opportunity to discuss it and ator from Tennessee. charter schools; they are even opting debate it is blocked, not by us, but by Mr. FRIST. Thank you, Mr. Presi- for home teaching. their filibuster. In fact, in the original dent. I rise in support of the cloture Mr. COVERDELL. Mr. President, will unanimous consent request, the major- vote to proceed. The vote will take the Senator yield for a question? Just ity leader offered the other side an op- place in about an hour. a logistical matter? portunity to bring their version to the What is the answer to the basic ques- Mr. KERRY. Absolutely. I suggested floor as a substitute or as an amend- tion of why should we proceed? The an- I would wrap up quickly when Senators ment and we would have a full and swer is for our children. We can no came to the floor, and I will do that open debate about the merits of these longer defend the status quo. The right now. proposals. So it is important that ev- Coverdell Parent and Student Savings What I am saying is it is obvious to erybody understand. This is a little bit Account Plus Act is our next step in me and many others that you cannot disingenuous because the other side is improving education for our children go on with the current model of what is trying to keep us from even getting to for the next generation. I will just happening in our public school system. the legislation. It is the ultimate ex- point out that it builds on the new edu- It is absolutely clear to me that we ample of defense of the status quo. cation IRAs from the Taxpayer Relief need greater accountability. In many The Senator from Massachusetts Act, which were directed to higher edu- States people are working to do that took issue with the status quo. But we cation. Senator COVERDELL’s proposal through testing, through standards, cannot deal with the status quo, or im- focuses on primary and secondary edu- through teacher standards, new quali- prove it—whether it is their version or cation. fications—a whole set of things that I, ours—if they will continue to disallow Why is that important? The answer is again, will talk about at another time. our ability to bring the legislation to that no longer is the status quo defen- The bottom line is that you cannot the floor. sible in American education. I want to come here and not recognize that there The Senator referred to one compo- take a few minutes to share why I say is no way, even if you embrace charter nent of our proposal, an education sav- that. schools, that you could create enough ings account, for which any family is Over the last 6 months, I have had charter schools fast enough to save a eligible, that somehow in their mind, the opportunity to chair the Senate generation. The fact is that 90 percent or in his mind, was not attentive Budget Committee’s Task Force on of our kids are in a system that pro- enough to the poor. I want to point out Education. In our hearings—a series of vided the generation that brought us to the Senator and to the other side six hearings over the last 6 months—I through World War I and World War II, that the criterion by which our savings have discovered several things: The that created the greatness of this coun- account is created is identical. I re- current Federal establishment is so try during the course of this century. I peat: It is identical to the savings ac- complex that it is difficult for even can take Senators to any number of count that the President signed, with a somebody from Government to come schools, as they could go to in their great celebration and fanfare at the forward and say how many programs own States, that are wonderful public White House a year ago, or last fall, for we have at the Federal level for edu- schools, that work. They work because a savings account for just higher edu- cation. I have learned that we have they have great principals, great teach- cation. committed as a nation, as a people, as ers, great resources, and a great com- That savings account allowed a fam- a U.S. Congress, substantial and grow- mitment from parents. And they are ily to save $500 a year, just as ours, and ing resources to secondary and elemen- accountable. Then we can go to pure it works identically to our account. So tary education, but we have few proven disasters in other parts of all of our the criteria that was designed for the good results to show for it. Our student States. savings account that was signed into performance is essentially flat over What we ought to do is come to the law last year is designed to push the time. According to Secretary Riley, floor with a responsible effort that vast resources of these savings ac- some of our schools ‘‘don’t deserve to tries to address how we are going to counts to people of middle income and be called schools.’’ provide the structure and the resources lower. I have a few charts which depict why to deal with the problem schools while Seventy percent of all the proceeds in I say that we are not doing enough, and not pulling the rug out from under all these savings accounts will go to why we cannot defend the status quo. March 17, 1998 CONGRESSIONAL RECORD — SENATE S2089 The first question we might ask is, tiple Federal programs to just these answer that question, unfortunately, I are we as a nation, as a society, spend- three targeted groups. Again, it is un- turn to the next chart. We look just at ing enough money today, putting important to figure out right now for advanced science students, just our enough resources into primary and sec- the purposes of our discussion today very best compared to the very best in ondary education? That is a fairly sub- what each of these programs are doing. other countries to answer that fun- jective question to ask. What we can The point is, it is very complicated damental question of whether or not answer is, are we spending increasing with a lot of overlap. Is there room for the bottom rung brings our median amounts over time? And the answer to streamlining and simplification and in- down. that is yes. novation? I think yes. For a long time, we thought our very This first chart shows current ex- Third question: With this bureauc- best were better than the very best penditures per pupil in average daily racy and with this increased spending from other countries. Unfortunately, it attendance in public elementary and over time, how are we as a nation is just not true. Again, the layout is secondary schools. It goes from 1970 up doing? What have our results been? just the same. These are nations with to the current 1997 years. If you look at Just 3 weeks ago, on February 24, the average scores higher than the United the green line in current dollars, it has last battery of TIMSS, which is the States. This is the average physics per- gone from approximately $1,000 per Third International Math and Science formance of the advanced science stu- pupil up to over $6,000 per pupil. If you Study, was released. This test meas- dents. Again, you can see that we are apply that same curve to constant 1996– ures the achievement of students at at the bottom of the rung of the ladder. 1997 dollars adjusting for inflation, we the end of their last year in secondary In fact, there are no nations—no na- have gone from about $3,600 per pupil school, that is the 12th grade in the tions—that did worse than our best up to over $6,000, a 50-percent increase. United States. These latest trends re- students in this competition. Thus, over time, per pupil in today’s flect the downward trend in America Clearly, we are doing poorly when we dollars, we have increased spending vis-a-vis our international competi- compare ourselves internationally. But about 50 percent per pupil. tion, our international counterparts. then let’s go back and say, ‘‘Well, are That, I believe, reflects what actu- I will go through several charts very we doing better than we did 20 years ally is being discussed in the Budget quickly that summarize and dem- ago?’’ Committee as we speak—where we are onstrate what Dr. Pat Forgione, the We see we are spending 50 percent going to increase spending more per Commissioner of the National Center more per pupil. Are we doing better? Is pupil, a willingness, a commitment on for Education Statistics, stated in his the payout for our investment real? the part of the Congress and the Amer- press release on the results. Let me What is the return? ican people to spend more, to put more quote him: Unfortunately, this next chart, again resources in education. Our most significant finding is that U.S. 1970 to 1996, shows the data. In spite of I should point out that in 1997, we 12th grade students do not do well. When our increased spending and lower class spent $36.6 billion on elementary and graduating seniors are compared to the stu- sizes, the trends are completely flat. secondary education. It is important to dents graduating secondary school in other The red is 9-year-olds, the blue is 13- note that the Federal spending of that countries, our students rank near the bot- year-olds, the green is 17-year-olds. amount is only about 7 percent. States tom. This holds true in both science and These are the trends in reading on this and localities provide the rest. math, and for both our typical and our top first chart. A second question is, what is the level students. The bottom line is that we have seen Federal role in primary and secondary Secretary Riley said, ‘‘These results no improvement whatsoever in the last education? We asked that question. I are entirely unacceptable.’’ 20 years. The next chart shows in the will put up a fairly large chart that is This first chart shows in the field of field of science, once again, the average very complicated. In our own office, we general science knowledge where we as science scale scores for our Nation over call this the ‘‘spider web’’ chart. This a nation stand. The scores are in the time in control testing is completely is the chart that was produced by the columns on the right. All of these flat—flat line, very little return on our General Accounting Office (GAO). GAO countries on the left are nations with investment. brought this chart to us to explain to average scores significantly higher I think this argues that we can’t de- us the Federal role in primary and sec- than the United States. The United fend the status quo. We can’t have bills ondary education. States is in the second lower category. filibustered which are innovative, GAO basically took three areas—one There were only two nations tested which are creative, which inject that is teachers, one is at-risk and delin- who did significantly worse than the creativity and innovation in our sys- quent youth and one is young chil- United States in the general science tem today, because the status quo is dren—to demonstrate the overlapping knowledge. simply unacceptable. complexity. In fact, GAO’s testimony You can see all the countries that did Access has improved over time. In that day was entitled ‘‘Multiple Pro- better: Sweden, the Netherlands, Ice- 1900, only 6 percent of American stu- grams and Lack of Data Raise Effi- land, Norway, Canada, New Zealand, dents graduated from high school. In ciency and Effectiveness Concerns.’’ Australia. This portion of the test 1967, 50 percent of the population fin- That title really describes this chart measures skills ‘‘necessary for citizens ished high school. Today, completing very well. in their daily life.’’ We are right at the high school is nearly a universal phe- If we take one of these populations— bottom. nomenon with 94 percent of America’s the at-risk and delinquent youth, we Our next chart shows mathematics youth completing high school, al- can see, using this one example that general knowledge achievement. The though many not on time. So access there are 59 programs at the Depart- layout is the same. On the left are the has greatly improved; quality has not ment of Health and Human Services countries which did better than the improved. that are directed at this group; 7 are United States. We are at a level of 461. The Coverdell Parent and Student administered by the Department of De- The average for all countries tested Savings Account Plus Act is not the fense; 8 by the Department of Edu- was 500. We are significantly below the cure-all. We recognize it is not the cation; 4 by the Department of Housing average. Again, the Netherlands, Swe- cure-all, but it is our next step in im- and Urban Development; 9 by the De- den, Denmark, Switzerland, Iceland, proving education in this country. It partment of Labor; 22 by the Depart- Norway, in terms of mathematics gen- empowers the parent-child team, it en- ment of Justice; 3 by the Department eral knowledge do better than the courages savings for education, it rec- of the Interior; 7 by the Department of United States. Again, this is measuring ognizes that the status quo is not suffi- Agriculture; 3 by the Department of what citizens need to know in daily cient in preparing our children for the Energy; 1 by the Department of Treas- life. Only two countries did worse than future, and it encourages innovation ury; and 18 by various other agencies. us, Cypress and South Africa. and new ideas. This chart around the border shows Some people say, ‘‘That may be true, In closing, I urge my colleagues to that there are 23 Federal departments but is it a dumbing down or does our allow this bill to come to the floor to and agencies administering these mul- lower level pull the median down?’’ To be debated and voted upon. I urge its S2090 CONGRESSIONAL RECORD — SENATE March 17, 1998 support and look forward to defending So we have increased it by $1,500. Then tax dollars. About half of that will go this bill as our next best step in re- we said, Why limit it to just financial to support students in private schools, forming education in our country. needs that confront a family with a and about half will go to support chil- Thank you, Mr. President. I yield the student in college? Why not make it dren in public schools. I guess the Sen- floor. possible for the family to use that sav- ator takes exception to that. Mr. COVERDELL addressed the ings account at any period in their edu- What that means at the end of the Chair. cation—kindergarten through college? day is, in the first 4 years, $2.5 billion The PRESIDING OFFICER. The Sen- And we applied the same constraints to will be out there supporting children in ator from Georgia. that account. Everything about it is private schools and about $2.5 billion Mr. COVERDELL. Mr. President, I the same. So it is a pretty simple prop- will be out there supporting children in commend the Senator from Tennessee. osition. We took the savings account, public schools. It will be families, but I think in a very brief period, he has you can put more in it, and you can use there will be a tendency to save a little demonstrated what all of us are so wor- it kindergarten through college. less, because a family in a public ried about; that we have been making Interestingly enough, the amount of school does not have to deal with tui- greater and greater investments finan- money that we will be leaving in fam- tion. I assume the Joint Tax Commit- cially, particularly in grades kinder- ily checking accounts through this in- tee is acknowledging that families garten through high school, and we are strument is not a lot of money in with children in private schools have not seeing the kind of results from it terms of a $1.6 trillion budget. It is bigger bills to pay because they have to we need to see. We have all known that about $750 million that would be left in pay the public school costs through you have to have an educated society these checking accounts over 5 years. their property tax, and they have to to maintain a free country. What is interesting is, that small add the private school on top of it, so On a personal basis, all those num- amount of relief, according to the they will probably save a little more bers on all of those charts of the Sen- Joint Tax Committee, multiplies itself and they will spend it sooner. ator from Tennessee—which I would by about 15 times—that families across The thing that the Joint Tax Com- like a copy of—at the end of the tunnel the country, somewhere between 10 mittee does not do is estimate what what they point to, in all too many million and 14 million, who will use happens if the families kept it through cases, is that a child can get out of our this opportunity, who will open this ac- college. They have only estimated the school system and not be ready to take count, will save in the first 4 years division of money kindergarten care of themselves in society. They will about $5 billion. In over 8 years, they through high school, and they also have trouble getting a job, they will will save between $10 and $12 billion. So have not calculated a huge benefit that have trouble thinking through the kind we are taking a very small amount of this savings account creates because it of problems they have to solve, and tax relief incentive and it causes Amer- allows sponsors to contribute to the ac- they will be a diminished citizen. They ican families to do something we all count. This makes it unique. What do are not going to be able to enjoy the think they should do—save. And they you mean, ‘‘sponsors?’’ Well, an em- opportunities and privileges that go are going to save billions of dollars. ployer could help his or her employees with American citizenship. That is What can they use the accounts for? by depositing funds in the employee’s what all those numbers mean at the They can use them for any educational savings account for education. A end. Thousands of people across our need. I call these billions of dollars church could. A grandparent could give country are denied the benefits of ‘‘smart dollars’’ because the guidance a child a deposit in a savings account American citizenship because they system is right in the household; it is instead of a toy that will probably be don’t have the tools to engage our soci- the parent, who understands most what ignored in 24 hours. This might change ety. the child’s needs are. They may decide birthdays dramatically as parents, I think I will take a moment, if I this child has a math deficiency, so friends, uncles, and aunts try to figure may, Mr. President, to remind every- they would use the account to hire a out what kind of gift and find that a body that we are in the midst of a de- tutor. Or they may be one of the 85 per- deposit in that child’s savings account bate over whether or not the other side cent of the families in the inner city would be a great gift and have a lasting will allow us to bring our proposal for who don’t have a home computer; they beneficial effect. That hasn’t been indi- improving families and their children’s would use the account to help that cated in the Joint Tax Committee’s education, for improving education and child’s education by acquiring a home work. It will alter dramatically what grades kindergarten through high computer. They may have a physical the final outcome is of the distribu- school and beyond. We are trying to impairment or a special education tion. get our proposal to the floor. That pro- need, and they could use the account to Say it all ended up exactly where posal is being filibustered on the other hire a special ed teacher to deal with they said. Why would anybody oppose side. We are going to have a vote at whatever the problem would be. infusing billions of new dollars behind 12:15 today to see if we can get 60 Sen- There are no losers in this propo- children in private schools and billions ators who will agree that we need to sition. A lot of legislative proposals we of new dollars behind children in public get this legislation to the floor. see here, somebody gains and somebody schools? Why in the world would that Let me take a moment, if I might, loses. Not in the education savings ac- be a reason to be upset about? It is Mr. President, and describe the legisla- count. Whether the child is in a rural mind boggling that a savings account tion that we want to bring to the floor school, an urban school, a fairly that families open with their own today. The first provision is an edu- wealthy school district, or a very poor money—not public money, their own cation savings account. This is the pro- school district, everybody benefits. money—from which some 10 to 14 mil- vision that has caused the most discus- Whether the child is in public edu- lion families will benefit, some 20 mil- sion. Currently, last year in the Tax cation, where 70 percent of the families lion children, and we would have this Relief Act, we adopted an education who use these accounts will be support- strident filibuster in opposition to it. savings account. It was for $500. In ing children in public schools, or 30 Pretty mind boggling. other words, $500 per year can be put in percent will be supporting children There are other provisions of the pro- the savings account and the interest that are in private schools or home posal. I will go over them briefly. It buildup will be tax free if the proceeds schools, there is no component of edu- helps qualified State tuition provi- are used for college expenses. It was de- cation that will not be the beneficiary sions. In a number of States—21 of signed by means testing to assure that of the savings account. them, to be specific—States allow par- the principal benefits went to middle A little earlier, the Senator from ents to purchase a contract that locks income or lower. Massachusetts was admonishing the in their tuition costs for college in the Our proposal is to take the savings fact that the Joint Tax Committee future at today’s prices. This proposal account that was passed overwhelm- says about half the money that parents would allow those proceeds to come out ingly, that was signed by the Presi- use—remember, it is their money—that tax free to the student. Twenty-one dent, and say you can invest more than these billions of dollars that are being States would be immediate bene- $500; you can save up to $2,000 per year. saved are private dollars; they are not ficiaries, or the citizens of those March 17, 1998 CONGRESSIONAL RECORD — SENATE S2091 States. In fact, this is one of the most proposals and those of our Democratic where others will succeed in ensuring costly provisions of the proposal. There and Republican colleagues all have that there is voluntary testing that are other States that currently are merit. A+ savings accounts are not de- will renew the standards and quality of considering this provision, but this signed to replace those ideas, and they American instruction. A+ savings ac- would help parents and States who are are not instead of other suggestions. counts could be the beginning of that trying to help parents set up these ad- But this is a beginning, and it is an im- revolution in American education. vance tuition payment systems. portant beginning. We offer this to supplant no other The proposal would aid employer-pro- A+ savings accounts, under Cover- idea, as a replacement for no other ini- vided educational assistance. This leg- dell-Torricelli, will bring $12 billion of tiative, but that it stand on its own islation extends the exclusion for em- new educational resources for the merits. At a time when American fami- ployers who pay their employees’ tui- classrooms of America, in public and lies are struggling to prepare their stu- tion through 2002 and expands it to in- private schools. It is not a diversion of dents for a new generation, the dif- clude graduate students, beginning in current public resources, as might be ference between success or failure, a 1998. This allows employers who pay up the case with vouchers. These are new quality of life or a struggle of life, can to $5,250 per year for educational ex- resources. It isn’t Government money be simply defined by the quality of the penses to benefit their employees, at all. These are the funds of private access to an education. Who here can without the employee having to claim American families who are given a new argue that parents should not be able it as income and pay taxes on it. So avenue to use their own money to en- to use their own resources, for which every company across our land has an hance the quality of public or private they work every day, to save funds to incentive to help their employees up- education. It is resources where we help in a private or a public education? date and improve their education— need them the most. It is estimated I believe, Mr. President, that in the once again, a very sound proposal that that 75 percent of all of these resources final analysis, as the years pass and as has a broad reach across our country. through educational savings accounts we look back on this proposal, we will Briefly, there are two other major will go to families who earn $70,000 per realize that we have awaken in Amer- provisions that deal with helping small year or less—families who are strug- ica a tremendous resource—because A+ school districts get revenue bonds to gling the most to provide their chil- savings accounts would not only pro- help build schools, and there is some dren with quality education. Yet, Sen- vide this opportunity to American fam- defining language that helps make ators will come to the floor and argue ilies, but something much larger—to HEALTHY, the national health care that this money continues to go to a get the American family involved scholarships—these five provisions are privileged few. What privileged few in again in the process of education. at the center of our proposal that we America earn $50,000, $60,000 or $70,000 a Imagine a system where on a child’s are trying to get to the floor for a de- year and pay the tuition or the ancil- birthday, or on Christmas, on Easter, bate. lary cost of public education on one, on any anniversary in our religious or I want to reiterate, relating to the two, or three children? civic calendars, aunts, uncles, grand- comment from the Senator from Mas- Other Senators will argue that the parents, would provide money as a gift sachusetts, we have been agreeable to money should be going exclusively to to go into a savings account to help a the other side bringing to the floor public schools. Well, according to the child with their public or private edu- their provision and debating it. What Joint Committee on Taxation, it’s esti- cation. We are inviting the extended we are trying to do is get the legisla- mated that 70 percent of the actual American family back into the busi- tion on the floor. We have been joined funds placed in these savings accounts ness of education when for so long peo- by my cosponsor on the other side of will go to public school students be- ple believed that education was a prob- the aisle, the distinguished Senator cause not only are these resources lem of the Government or, at best, a from New Jersey, who has been tireless available for private tuition at paro- mother and father, but still believe in his effort to promote particularly chial schools, yeshivas, and other pri- that they cared about these children the education savings account among vate institutions, they are also avail- who were their nieces, nephews, or the adversaries on the other side. I able for the ancillary cost of public grandchildren. This is a vehicle to get have been particularly appreciative of education. What parent in America involved. If that is true of the extended his work and courage in helping us today, recognizing how students are family, it’s true of others as well. with this educational innovation. He struggling with advanced science, new I have noted in this debate before the has been tireless. His intellect has been math, the more complexities of rising potential where labor unions could go superior. I yield up to 10 minutes to the educational standards that we are try- to the negotiating table and ask not Senator from New Jersey. ing to impose on America’s schools just for health benefits, or retirement, Mr. TORRICELLI. Mr. President, I from our school boards and local gov- or pay increases, but ask every month thank my colleague from New Jersey ernments, does not recognize that this in every paycheck that $5, $10, or $50 be for yielding me the time and, more complexity requires additional instruc- placed in a child’s savings account as than that, for his leadership, tirelessly, tion? Educational savings accounts are part of a labor agreement; where cor- month after month, in bringing this the only means that we are offering porations compete for labor in America issue of savings accounts to the Senate American families, through any pro- not just on wages but say to their em- and now, I believe, to acceptance. gram, to hire tutors, to get teachers ployees, ‘‘if you work for our company, I have noted in the debate to date, after school, pay them additional re- we will contribute to your savings ac- Senators have offered a perspective sources to get their time to help Amer- count to help a child.’’ that they have other ideas that would ican students compete and to learn. The potential here is enormous. But enhance educational quality in our It is the only program designed by it begins with a single step, and that is country. anyone that I know to deal with the to establish these accounts. I know People believe they may have better fact that even some of our best public many of my colleagues who are still ideas. People have other suggestions schools are canceling after-school ac- wondering about their position on this and approaches. In large measure, they tivities, after-school transportation, legislation have many questions. I all have merit. Neither Senator COVER- extracurricular activities, which are want you to consider this one, as well, DELL nor I argue that this is exclu- such a vital part of American edu- because I recognize that this proposal sively the only approach in improving cation. These savings accounts will is controversial. Many of my col- educational quality in our country. make this money available to pay for leagues who have doubts about it stood But it is an idea and it is a worthwhile those activities. on the Senate floor a year ago and en- idea. Critics are right that the country I believe that A+ savings accounts thusiastically supported educational also must, as the President has sug- can be the beginning of a revolution in savings accounts—accounts to help gested, rebuild America’s schools. We American education, where Senators parents deal with the rising, and some- need additional teachers, we need to re- will succeed in coming to the floor, as times insurmountable, burden of col- duce class size, and I believe we need to the President has suggested, and offer- lege tuition. It is believed that under do voluntary testing. The President’s ing legislation to rebuild our schools, this savings account proposal we could S2092 CONGRESSIONAL RECORD — SENATE March 17, 1998 quadruple the amount of money avail- Let us begin the great American ini- from Georgia, does this bill in any way able for college tuitions, because every tiative to confront the most pressing divert money from local school dis- dollar placed in these savings accounts problem in contemporary American tricts that would otherwise be used for for public and private secondary edu- life, which is the crisis of quality in the public education? Does this bill in any cation can be rolled into a college sav- American secondary schools. This is way authorize school vouchers? ings account if not used by the 12th not an end to that debate. It is not a Mr. COVERDELL. First of all, I grade. So if for no other reason you do definitive solution. But it is a begin- thank the Senator from Maine for her not join us today in Coverdell- ning, to be followed by many proposals courtesy and her remarks. But specifi- Torricelli, but you believed last year in of many Senators of both great politi- cally to her question, the answer in educational savings accounts for col- cal parties. I hope we receive over- both cases is no. Absolutely not. No lege tuition, you should be joining with whelming support. local public school dollars are diverted. us today. Again, I congratulate the Senator As a matter of fact, as the Senator Finally, Mr. President, I offer this: Of from Georgia for bringing this before knows, if a family today anywhere in all the divisions in American life, of the Senate. I am very proud to offer it America makes a decision to go to a race, or poverty, or opportunity, the with him as his coauthor. I thank the private school, that is over and above one this country cannot afford in the Senator for yielding. the fact that they continue to pay next century is to create a caste sys- Mr. COVERDELL addressed the their property taxes and their school tem of knowledge. Yet, that threat is Chair. taxes for the public education system. arising in America: two distinct classes The PRESIDING OFFICER. The Sen- All of these dollars are private dollars. of American citizens, one that enjoys ator from Georgia is recognized. Ms. COLLINS. I very much appre- unlimited opportunity and the other Mr. COVERDELL. Mr. President, I ciate the Senator from Georgia clarify- mired in the past, in poverty, without want to acknowledge one of the most ing that important point. Many of us hope or opportunity. That division is eloquent statements we have heard may differ on the issue of vouchers, but knowledge. Where parents do not feel about education savings accounts that the fact is that this bill is not a bill to the public school can adequately pre- has just been given to us by Senator authorize vouchers, despite some of the pare their child, they should have a TORRICELLI. I particularly applaud his information circulated by the oppo- private school option. I agree that we cannot afford, at a reflection on the caste system that we nents of the bill. time when our public schools are not are in danger of creating in this coun- Mr. COVERDELL. That is correct. adequately financed, to divert public try. It has been rewarding to me, and I Ms. COLLINS. Similarly, I ask the resources. That is why I have opposed know to the Senator from New Jersey, Senator from Georgia to clarify that vouchers. But this is another oppor- that many of the leaders of these com- the money in these A+ accounts could tunity to provide that private school munities, from Alveda King to Con- be used in fact to assist children that option with a family’s own money. gressman Flake, really want these sav- are attending public schools. I believe But ending this division of knowledge ings accounts because they understand that is one of the purposes of this bill. requires something else, too. The class- it could be a potential avenue and tool For example, am I correct in believing room experience will never be enough to alleviate that caste system. I appre- that parents whose children attend in the next century to prepare Amer- ciate those remarks. public schools could use the money set ican students to compete in the world. I yield up to 5 minutes to the Senator aside in these savings accounts to pur- It will never be sufficient. That is from Maine. chase a computer, for example, or to what’s exciting about these savings ac- The PRESIDING OFFICER. The Sen- hire a tutor to help their children, or counts, where parents, after the regu- ator from Maine is recognized. perhaps to pay for a school trip—again, lar school hours, can use tutors for Ms. COLLINS. Mr. President, I am a all related to the public schools? Is my extra instruction, paid for with their strong supporter of public education. understanding correct? own resources through these savings Increasingly, more education is key to Mr. COVERDELL. The Senator from accounts, and through the use of tech- the American dream. I would not sup- Maine is correct. In fact, my assertion nology. Who in this Senate believes port any legislation that I felt in any is that public school children attending that in the 21st century a student can way undermines this country’s com- public schools would be the principal genuinely compete and prepare them- mitment to public education. beneficiaries. Seventy percent, accord- selves in research, or computation, or There have been a lot of myths and ing to the Joint Tax Committee, of writing, or word processing, without a misinformation circulated about the families—that is about, incidentally, 7 home computer and access to the Inter- bill that the distinguished Senator to 10 million of them—will be families net as a research tool? I doubt that from Georgia has taken such a leader- with children in public schools, and anybody here will make that case. Yet, ship role in drafting and bringing to about 30 percent will be families with 60 percent of American students will the floor. I would like to engage the children in private schools. The divi- end the 20th century without a home Senator from Georgia in a colloquy in sion of the money is more equal. It is computer. Most frightening, 85 percent an attempt to put to rest some of the about 50–50, according to the latest re- of all minority students will never misinformation that has been cir- sults. But those are not complete, be- have that resource, under current fi- culated about his proposal. cause they only apply to kindergarten nancing. These home savings accounts First, I want to commend him for his through high school, and not through in the Coverdell-Torricelli proposal leadership. I know that he is sincerely college. But, specifically, families with make funds available for home use and committed to improving the quality of children in public schools can use the purchase of a computer. It is our education in this country. He has been them, and, in fact, more families with greatest opportunity to assure that a real leader on this issue, and it has children in public schools will use this new divide in American life never been a pleasure and a privilege to work these accounts. occurs, that access to knowledge will with him. The Senator from Georgia Ms. COLLINS. If I could expand on occur regardless of race or family in- and I have had many conversations the point of the Senator from Georgia, come, that opportunity is afforded about this bill. I, too, had some misin- who has answered my final concern in across these lines of American life. formation about it in the beginning, this regard, approximately 70 percent Finally, Mr. President, I hope that and the Senator from Georgia was able of the parents who would benefit from we can proceed on a bipartisan basis. I to alleviate my concerns. this important legislation have chil- regret that the judgment has been For the record, I would like to pub- dren in public schools. Is that correct? made that more amendments will not licly ask some questions of the Senator Mr. COVERDELL. That is correct, be made available by many of my from Georgia so that everyone may according to the Joint Tax Committee. Democratic colleagues. By the end of have the benefit of this information. Ms. COLLINS. Finally, Mr. Presi- the day, we are still left with a pro- First, as the Senator from Georgia dent, I want to clarify that it is my un- posal that stands on its own merits and knows, I oppose vouchers because they derstanding that if the money in these deserves the support of Senators, would divert needed funds from our accounts is not used while the child is Democratic and Republican. public schools. I would ask the Senator in elementary school or secondary March 17, 1998 CONGRESSIONAL RECORD — SENATE S2093 school, that it can in fact be used for I was interested in the charts of the The PRESIDING OFFICER. The Sen- the very important purpose of helping Senator from Tennessee this morning ator from Georgia is recognized. a family afford college costs or post- that showed all of the different kinds Mr. COVERDELL. Mr. President, I secondary costs. Am I correct in my of approaches that have been taken at thank the Senator from Wyoming for understanding? the Federal level—literally hundreds of his support and comments on our edu- Mr. COVERDELL. The Senator is ab- programs that we have now, which still cation proposal. I appreciate it very solutely correct; it is eligible for use. only represent less than 7 percent of much. My interest has been kindergarten the total expenditures in elementary Mr. President, I thought in closing through high school, as the Senator and secondary education. Can you out this debate over whether or not we knows, but the family can make its imagine the amount of bureaucracy? can get to this legislation, or whether own choice. The accounts can be used Can you imagine the amount of ex- we will continue to be filibustered, from kindergarten through college, and pense prior to that money getting to that it would be pretty interesting to post college, if the student is suffering the ground? compare two approaches about helping from a disability and has an ongoing So what we are really talking about American families. One is ours, which educational requirement. So it is a full here is a system to provide the oppor- will be in our budget, which we have life of education as we know it in tunity for families to be able to put to- just been talking about, which is an America. gether some money to use as they education savings account which al- Ms. COLLINS. Mr. President, con- choose and strengthen the local gov- lows a family to save up to $2,000 per trary to the assertions of opponents to ernment. year for use for an educational purpose, this legislation, the fact is that it will The President, of course, has out- kindergarten through college. It is bring more money to our public lined the education issue largely be- pretty straightforward. We just ex- schools, and it is a very pro-education cause it is an issue that everyone cares panded the education savings account pro-public-schools piece of legislation about—I have to say largely because it that was passed and signed by the that the Senator from Georgia has is such a high winner in the polls. So President last year. brought forth. the President, along with the environ- In the President’s budget, they are I thank the Senator from Georgia for ment and other things, continues to proposing a $2,000 solar tax credit for his reassurances in this very important mention education but really doesn’t ‘‘photovoltaic systems’’. matter. I yield the floor. have a plan for it. I guess that is part What are the uses of our savings ac- Mr. COVERDELL. I thank the Sen- of the system: You talk about edu- count? After-school care; tutoring for ator from Maine. Again, I appreciate cation, sit back, and somebody else special needs kids; a computer for the courtesy extended to those of us puts it together. And then, of course, every schoolchild; and special edu- who have been framing the legislation. you claim victory because you have cation. We have been talking about it I understand her interest in clarifying done something for education. That is all morning. these points, because there has been OK. We have seen that before. What would you use the solar tax considerable misinformation. I will not The point is, How do we best credit for? Heating jacuzzis, tanning go into it at this point. But it is dis- strengthen education for all Ameri- beds, mood lighting, you name it. cans? How do we get better results? appointing, considering the source. Who are the beneficiaries of the edu- That is really what the bottom line is These are sources involved with edu- cation savings account? Middle- and about here. How do we maintain local cation, and you would think there lower-income families; phased out for control? Those are the issues. How do would be a particular integrity, that I those making more than $95,000 a year. we get more results for the expendi- have found absent, and I am dis- As I said this morning in response to tures that we put out? I am persuaded appointed about it. the Senator from Massachusetts, this that the approach taken by the Sen- I thank the Senator. account is pointed toward middle-in- ator from Georgia—the idea of keeping Mr. President, I yield up to 5 minutes come families. Seventy-percent-plus it at the local level, the idea of letting to the Senator from Wyoming. goes to families, $75,000 or less, just people be responsible for saving and in- The PRESIDING OFFICER (Mr. SES- like the savings account the President vesting as they choose—is the real way SIONS). The Senator from Wyoming is signed into law last year. to do it. recognized. How about their plan? Well, the bene- The Senator from Massachusetts, of Mr. THOMAS. Thank you, Mr. Presi- ficiaries are wealthy people from sunny course, represents the legitimate point dent. I thank the Senator from Georgia of view that bigger government ought States. There is no limitation on in- for the opportunity to make a few com- to have enormous direct expenditures come levels. Every movie star and rock ments, but more particularly for the and, therefore, the controls that go star in the country could get this $2,000 efforts that he has put forth and the with it in education. I think that is not tax credit to put a solar panel on their leadership that he has given in produc- the case. roof. ing this bill to strengthen American Basic changes: I get a lot of input The purpose of our account: Provide education. into elementary education, and second- every child a better education; help I say again, as has been said before, ary. My wife happens to be a high over 10 million and 14 million middle- that we must remember what the pur- school teacher. One of the things that and lower-income families. pose of this vote is, what the purpose of is troublesome is the amount of time What is their purpose? To combat this effort is, and that is to get it on she spends on paperwork. She is a spe- global warming. The goal is to get the floor. This, of course, will never be cial education teacher, and she spends solar panels on 1 million rooftops by resolved until we come to some agree- half the time on paperwork. We need to the year 2010. ment as to how to get it on the floor try to eliminate some of that. We need As a matter of public policy, when we and to in fact consider it along with to offer discipline; we need to raise ex- are having to make decisions and hard other kinds of issues. pectations so that children are really choices, what do you really think Everyone is for strengthening edu- expected to do more; we need to have America feels we need? Education sav- cation. I don’t know of anyone who more accountability in terms of pro- ings accounts for 10- to 15-million fami- would get up and say, ‘‘No, I certainly duction—much of this through man- lies and around 20 million children; don’t want to do that.’’ Of course not. agement. Of course, we need to provide that is, about half the school popu- All of us want to do it. The question more resources. lation? Or 1 million solar panels, which then is, How do we best do it? How do So, let me say to the Senator that I can only be used in sunny States, and we really approach the idea of appreciate very much and admire what with no income means testing at all? strengthening education and preserv- he is doing and certainly hope we can Like I said, every rock star in America ing those things that we think are fun- get this bill on the floor. And we can be a candidate for the administra- damental to education in this country? should immediately. tion’s solar panel. One of the real questions, of course, is I thank the Senator. If that isn’t a clear distinction of the degree and the extent of direct Fed- Mr. COVERDELL addressed the where we are setting our priorities, I eral involvement. Chair. don’t know what it is. The fact that we S2094 CONGRESSIONAL RECORD — SENATE March 17, 1998 have an administration that is arguing Domenici Inhofe Roberts the Ninth Circuit Court of Appeals the Dorgan Jeffords Rockefeller for 1 million solar panels and filibus- Enzi Johnson Roth same dedication, professionalism, and tering a savings account for everyday Faircloth Kempthorne Santorum integrity that has been the hallmark of families—not rock stars, not wealthy Feinstein Kerry Sessions her legal career. folks—to set up a savings account to Frist Kyl Shelby Mr. President, I urge my colleagues Gorton Leahy Smith (NH) help their kids, kindergarten through Graham Lieberman Smith (OR) to join me in support of this outstand- high school, I don’t know what better Gramm Lott Snowe ing judicial nominee. distinguishes our two objectives. Grams Lugar Specter f Mr. President, I have been very Grassley Mack Stevens Gregg McCain Thomas NOMINATION OF SUSAN GRABER pleased with the bipartisan support of Hagel McConnell Thompson Senator TORRICELLI, Senator Hatch Moynihan Thurmond Mr. WYDEN. Mr. President, I rise today to speak in support of a friend LIEBERMAN, Senator BREAUX, and oth- Helms Murkowski Torricelli Hutchinson Nickles Warner and a constituent of mine who is a ers, and I hope we can end this fili- Hutchison Robb buster and have a normal debate about great legal thinker and writer, a pillar our views on how to help education. NAYS—24 in her community, a respected and val- But I find this to be a very telling com- Akaka Harkin Mikulski uable Associate Justice on the Oregon Baucus Hollings Moseley-Braun parison of our sets of priorities, with Supreme Court, and someone who I be- Bingaman Kennedy Murray lieve will be an outstanding federal the filibustering of the savings account Cleland Kerrey Reed court of appeals judge—Justice Susan for average American families. We are Durbin Kohl Reid Feingold Landrieu Sarbanes Graber. proposing a $2,000 tax credit that any- Ford Lautenberg Wellstone Let me begin by expressing my body can take advantage of. And you Glenn Levin Wyden thanks and gratitude to the Senate Ju- know exactly who is going to use that, NOT VOTING—2 diciary Committee, and in particular and it is not going to be middle Amer- the Chairman of that Committee, Sen- ica, is it? Conrad Inouye ator HATCH of Utah for acting on the Mr. President, I yield the floor. The PRESIDING OFFICER. On this vote, the yeas are 74, the nays are 24. nomination of Justice Graber and hold- f Three-fifths of the Senators duly cho- ing a confirmation hearing earlier this sen and sworn having voted in the af- year. CLOTURE MOTION Mr. President, I rise today in strong firmative, the motion is agreed to. support of Justice Susan Graber for ap- The PRESIDING OFFICER. Under Mr. KOHL. Mr. President, my vote in pointment as a judge on the United the previous order, pursuant to rule opposition to the motion to proceed to States Court of Appeals for the Ninth XXII, the Chair lays before the Senate H.R. 2646 was unrelated to the merits of Circuit. Justice Graber comes before the pending cloture motion, which the this education IRA proposal. I voted the Senate today with the strong bi- clerk will report. with Senator DURBIN on this proce- The legislative clerk read as follows: partisan support of the Oregon Con- dural issue to protest the lack of floor gressional delegation, with broad sup- CLOTURE MOTION action on two noncontroversial judicial port from Oregon’s law enforcement We, the undersigned Senators, in accord- nominees from Illinois. community and with strong support ance with the provision of rule XXII of the While the Senate should consider Standing Rules of the Senate, do hereby from the bench and bar. From all how to make quality education more across my home state, from both sides move to bring to a close debate on the mo- affordable, it also should not neglect tion to proceed to H.R. 2646, the Education of the aisle in Oregon politics, from its duty to fill judicial vacancies. The Savings Act for Public and Private Schools: judges and litigants alike, I have heard Trent Lott, Paul Coverdell, Craig Thom- Senate’s failure to act on these nomi- the praise accorded to this dedicated as, Rod Grams, Chuck Hagel, Tim nees is particularly egregious—one of jurist, who has just recently reached Hutchinson, Kay Bailey Hutchison, these positions has been vacant for five her 10th anniversary as an appellate Mike DeWine, Bob Bennett, John years, and the other has been vacant judge —at the ripe old age of 48. McCain, Don Nickles, Chuck Grassley, for almost three and a half years. I will not dwell long on her outstand- Mitch McConnell, Wayne Allard, Phil There are currently 82 judicial vacan- Gramm, John Ashcroft. ing qualifications for this position—a cies, and continued inaction and delay graduate of Wellesley College and Yale CALL OF THE ROLL in the Senate is likely to compromise Law School, Susan Graber has excelled The PRESIDING OFFICER. By unan- the quality of justice available to at every step of her fine legal career. imous consent, the quorum call has crime victims and other injured per- From the moment she took the bench been waived. sons throughout the U.S. right up until the present day, Susan VOTE f Graber remains the youngest—and I The PRESIDING OFFICER. The NOMINATION OF JUSTICE SUSAN think most will agree, one of the most question is, Is it the sense of the Sen- GRABER TO THE U.S. CIRCUIT productive—justices of the Oregon Su- ate that debate on the motion to pro- COURT OF APPEALS FOR THE preme Court. ceed to the consideration of H.R. 2646, Through her authorship of over 300 NINTH CIRCUIT the Education Savings Act for Public opinions in the past 10 years, Justice and Private Schools, shall be brought Mr. SMITH of Oregon. Mr. President, Graber has garnered praise from the to a close? The yeas and nays are re- today we have an opportunity to con- bench and bar as being the epitome of quired under the rule. The clerk will firm the nomination of an outstanding a careful and non-ideological judge call the roll. judicial nominee to the U.S. Circuit whose centrist approach has helped The legislative clerk called the roll. Court of Appeals for the Ninth Circuit. promote a consensus-building and col- Mr. FORD. I announce that the Sen- The fact that Susan Graber is sched- legial atmosphere on this important ator from North Dakota (Mr. CONRAD) uled today for a floor vote is a great court. And Justice Graber’s opinions and the Senator from Hawaii (Mr. honor, but one that does not surprise point out another fact—this is an indi- INOUYE) are necessarily absent. me. Justice Graber has earned an ex- vidual who respects and understands The result was announced—yeas 74, cellent reputation among her col- her role as a judge. She understands nays 24, as follows: leagues on the Oregon Supreme Court very clearly the difference between [Rollcall Vote No. 34 Leg.] and throughout the Oregon Bar. She being a legislator and being a judge, has earned this outstanding reputation YEAS—74 and her opinions reflect a firm adher- not only because of her legal scholar- ence to the law as written by the Or- Abraham Brownback Cochran Allard Bryan Collins ship, but also because of the high pro- egon Legislature. She knows the role of Ashcroft Bumpers Coverdell fessional standards she has consist- a judge is to follow, not to make the Bennett Burns Craig ently displayed in her advocacy in pri- law, and that is exactly what we need Biden Byrd D’Amato vate practice and during the years she Bond Campbell Daschle on the federal appellate bench. Boxer Chafee DeWine has served on the bench. I am confident I am certain that Justice Graber will Breaux Coats Dodd that Justice Susan Graber will bring to bring to the U.S. Court of Appeals the March 17, 1998 CONGRESSIONAL RECORD — SENATE S2095 same intelligence, thoroughness and Johnson McCain Sessions standing nominations yesterday, as Kempthorne McConnell Shelby integrity that she has brought to her Kennedy Mikulski Smith (NH) well. I know that Senator DURBIN is work as a State Supreme Court judge Kerrey Moseley-Braun Smith (OR) doing everything he can to try to have and as a careful and thoughtful student Kerry Moynihan Snowe them considered by the Senate because of the law. I want to again thank Kohl Murkowski Specter they have been on the Senate calendar Kyl Murray Stevens Chairman HATCH and the Senate lead- Landrieu Nickles Thomas since last November, over 5 months; ership for moving us to this point in Lautenberg Reed Thompson they are desperately needed in their the process, and I urge my colleagues Leahy Reid Thurmond districts; and they are so well quali- Levin Robb Torricelli to confirm this tremendous nominee. Lieberman Roberts Warner fied. f Lott Roth Wellstone I see Edward F. Shea, a nominee to Lugar Santorum Wyden the District Court for the Eastern Dis- RECESS UNTIL 2:15 P.M. Mack Sarbanes trict of Washington, and Margaret The PRESIDING OFFICER. Under NOT VOTING—2 McKeown, the Washington State nomi- the previous order, the Senate will Inouye Rockefeller nee to the Ninth Circuit. Mr. Shea was stand in recess until 2:15 p.m. The nomination was confirmed. reported at the same time as two other Thereupon, at 12:50 p.m., the Senate Mr. WYDEN. Mr. President, I move District Court nominees who have been recessed until 2:15 p.m.; whereupon, the to reconsider the vote. considered and confirmed and should Senate reassembled when called to Mr. SMITH of Oregon. I move to lay likewise be considered and confirmed order by the Presiding Officer (Mr. that motion on the table. without further, unnecessary delay. Margaret McKeown was reported before SANTORUM). The motion to lay on the table was agreed to. the Justice Graber but has been f Mr. LEAHY. Mr. President, I am de- skipped over, as well. Her nomination lighted that the Majority Leader has EXECUTIVE SESSION is fast approaching its two-year anni- chosen to proceed to consideration of versary. She was reported by the Judi- The PRESIDING OFFICER. Under the nomination of Justice Susan ciary Committee on a vote of 16 to 2 the previous order, the hour of 2:15 hav- Graber to the Ninth Circuit. Justice and she has the support of Chairman ing arrived, the Senate will now go Graber currently serves on the Oregon HATCH and a number of Republican into executive session. Supreme Court. She was reported Senators. Why these outstanding nomi- f unanimously by the Judiciary Commit- nees are being skipped is a mystery to tee earlier this month. She has the sup- me. NOMINATION OF SUSAN GRABER, port of both Oregon Senators and re- Finally, we have reported to the Sen- OF OREGON, TO BE UNITED ceived the American Bar Association’s ate the nomination of Judge STATES CIRCUIT JUDGE FOR highest rating. Sotomayor to the United States Court THE NINTH CIRCUIT At her confirmation hearing, she was of Appeals for the Second Circuit. Her The PRESIDING OFFICER. The Sen- interrogated about two briefs that she nomination was received back in June ate will now proceed to vote on the had filed a number of years ago, in 1982 1997. She, too, was favorably reported nomination of Susan Graber of Oregon, and 1984, in connection with cases by a Committee vote of 16 to 2, once we which the clerk will report. being pursued by the ACLU. She was finally considered her nomination. She The legislative clerk read the nomi- asked whether she is now or ever has is strongly supported by both New nation of Susan Graber of Oregon to be been a member of the ACLU. She was York Senators, yet the nomination United States circuit judge for the asked whether she personally agreed continues to languish without consid- ninth circuit. with a number of positions taken re- eration. This would fill one of the four The PRESIDING OFFICER. The cently by the ACLU. I objected to this vacancies that currently plague that question is, Will the Senate advise and line of questioning at the hearing and Court. A fifth vacancy on this 13-judge consent to the nomination of Susan caution the Senate that we are headed court will arise before the end of this Graber, of Oregon, to be a U.S. circuit down a road toward an ideological lit- month. judge for the second circuit? On this mus test that does not well serve the The confirmation of Susan Graber question, the yeas and nays have been Senate, the courts or the American will mark the twelfth judge confirmed ordered. people. by the Senate this year. While we are The clerk will call the roll. I hope that Justice Graber’s con- still behind the pace the Senate estab- The legislative clerk called the roll. firmation will signal a change of direc- lished in the last nine weeks of last Mr. FORD. I announce that the Sen- tion and a willingness of the Senate to year, we can make a step in the right ator from Hawaii (Mr. INOUYE) and the confirm qualified judicial nominees. I direction by proceeding to consider and Senator from West Virginia (Mr. was encouraged when Senator SESSIONS confirm the five additional judicial ROCKEFELLER) are necessarily absent. voted to report this nomination favor- nominees who remain on the Senate I further announce that, if present ably and said: ‘‘I think she is a very calendar and are ready for our consid- and voting, the Senator from West Vir- talented nominee, has been an activist eration and favorable action. ginia (Mr. ROCKEFELLER) would vote in some ways in her past, but has many When the Chief Justice of the United ‘‘aye.’’ good recommendations, and I think States Supreme Court wrote in his 1997 The result was announced—yeas 98, would have the capability of making an Year End Report that ‘‘some current nays 0, as follows: outstanding judge. I would support her nominees have been waiting a consider- nomination, although had I been mak- able time for a . . . final floor vote’’ he [Rollcall Vote No. 35 Ex.] ing the nomination, I may not have could have been referring to Patrick YEAS—98 nominated her.’’ I trust that is the Murphy, Judge Michael McCuskey, Abraham Cleland Ford standard that will be applied to other Margaret McKeown and Judge Sonia Akaka Coats Frist Allard Cochran Glenn qualified nominees, as well. Sotomayor. Ashcroft Collins Gorton I remain concerned, as I look at the Nine months should be more than a Baucus Conrad Graham Senate Executive Calendar, that we are sufficient time for the Senate to com- Bennett Coverdell Gramm again passing over other highly-quali- plete its review of these nominees. Dur- Biden Craig Grams Bingaman D’Amato Grassley fied nominees, nominees who will be ing the four years of the Bush Adminis- Bond Daschle Gregg confirmed by the Senate if they are tration, only three confirmations took Boxer DeWine Hagel ever allowed to be considered. In par- as long as nine months. Last year, 10 of Breaux Dodd Harkin Brownback Domenici Hatch ticular, I see G. Patrick Murphy, the the 36 judges confirmed took nine Bryan Dorgan Helms nominee to the District Court for the months or more and many took as long Bumpers Durbin Hollings Southern District of Illinois, and Judge as a year and one-half. So far this year, Burns Enzi Hutchinson Michael P. McCuskey, the nominee to Judge Ann Aiken, Judge Margaret Byrd Faircloth Hutchison Campbell Feingold Inhofe the District Court for the Central Dis- Morrow, and Judge Hilda Tagle have Chafee Feinstein Jeffords trict of Illinois. I spoke of these long- taken 21 months, 26 months and 31 S2096 CONGRESSIONAL RECORD — SENATE March 17, 1998 months respectively. The average num- Mr. CAMPBELL. I thank the Chair. took the early lead on this. He and I ber of days to consider nominees used (The remarks of Mr. CAMPBELL and have been working together to elimi- to be between 50 and 90, it rose last Mr. ALLARD pertaining to the introduc- nate the marriage penalty tax once and year to over 200 and this year stands at tion of S. 1771 are located in today’s for all. I am very pleased that Senator over 300 days from nomination to con- RECORD under ‘‘Statements on Intro- ROTH and BILL ARCHER, from Texas, firmation. That is too long and does a duced Bills and Joint Resolutions.’’) who understands this issue—have said disservice to our Federal Courts. I urge f this is a first priority. If we can give the Republican leadership to proceed to this relief to that young couple that MARRIAGE PENALTY TAX RELIEF consideration of each of the judicial gets married, they will be able to per- nominees pending on the Senate cal- Mrs. HUTCHISON. Mr. President, I haps put that money aside for a down- endar without further delay. rise today to say that we have taken, payment on their first home, or per- or are in the process of taking, one f haps a downpayment on a new car. major step toward more tax relief for Rather than sending that money to LEGISLATIVE SESSION the hard-working American family. Washington for the government to de- The budget resolution, which is being The PRESIDING OFFICER (Mr. ROB- cide how they should spend it, we need marked up as we speak right now, will ERTS). The Senate will now return to to let couples keep that money they legislative session. allow for $30 billion in tax relief for the earn, which in many cases could equal Mr. BYRD addressed the Chair. hard-working Americans. a couple of car payments. This $30 billion is not nearly enough. The PRESIDING OFFICER. The Sen- So, $30 billion is not quite enough. I hope that we will be able to expand ator from West Virginia is recognized. The Joint Tax Committee says that it the $30 billion. But, at least it recog- would be roughly $110 billion over 5 f nizes that we need to keep on the same years that would be taken out of the CORRECTIONS TO THE course that we started last year, and Government coffers to repeal the mar- CONGRESSIONAL RECORD that is giving back to the American riage penalty. We are going to have to people more of the money they earn so keep working to look for either a budg- Mr. BYRD. Mr. President, on yester- they can decide how they want to day, I addressed the Senate concerning et surplus or more money that could be spend it, rather than sending it to set aside, or we may have to phase that Senator MOYNIHAN’s birthday. On page Washington and letting somebody here in. But the bottom line is this is one S1967, the first column, the last full decide what is best for their families. paragraph on that page, the word step toward the right thing to do. It is That is what we are trying to do in this one step more in the direction of giving ‘‘stoop’’ should be ‘‘swoop’’ in Herman Congress. We are trying to give more of Melville’s eloquent quotation. more tax relief to that young couple the money that people earn back to that decides to get married, who are in In the RECORD, during my remarks them. And $30 billion will not do it, but entry-level positions, just starting concerning WENDELL FORD being the at least that is a beginning. It is a be- their lives together, and we are going longest serving Kentuckian in the his- ginning for new tax cuts that we would tory of the Senate, on page S1969, the to make that happen. If we have to do propose over the next 5 years. it by phasing it in, we will do it; if we first column, the last full paragraph, I am very pleased to say that both the word ‘‘countries’’ should be ‘‘coun- have to do it by finding more money, Congressman ARCHER, the chairman of we will do it, because we believe it is ties.’’ the Ways and Means Committee, and I ask unanimous consent that these the right thing to do. Senator ROTH, the chairman of the Thank you, Mr. President. I yield the two items be corrected in the perma- Senate Finance Committee, both of floor to the Senator from North Caro- nent version of the RECORD. whom will be responsible for setting lina, who is a cosponsor with me of The PRESIDING OFFICER. Without the priorities in tax cuts, have said both of the bills that would give tax re- objection, it is so ordered. their first priority is the marriage pen- lief to that young couple who should f alty tax. I am very pleased that Sen- not have to choose between love and ator FAIRCLOTH and I are working on a MORNING BUSINESS money. bill that will provide that relief. There The PRESIDING OFFICER. The Sen- Mr. LOTT. Mr. President, I ask unan- is a Faircloth-Hutchison bill that al- ator from North Carolina. imous consent that there now be a pe- lows people to put their money to- Mr. FAIRCLOTH. Mr. President, riod for morning business, with Sen- gether and split it in half. There is a thank you. I thank Senator HUTCHISON. ators permitted to speak therein for up Hutchison-Faircloth bill that will Mr. President, I want to join the Sen- to 10 minutes each until 4 p.m. today, allow people to file as single or mar- ator from Texas in thanking the chair- when we will go to the opening discus- ried, whichever is best for them. We man of the Budget Committee, Senator sion on the NATO enlargement issue. want the hard-working young couple DOMENICI, for including a repeal of the I yield the floor. that gets married not to have to pay a marriage penalty tax in the budget res- Mr. CAMPBELL addressed the Chair. penalty. olution which was unveiled today. The PRESIDING OFFICER. The Sen- Let me just give you an example that Mr. President, Senator HUTCHISON, ator from Colorado is recognized. is a true one. A rookie policeman in Senator CONNIE MACK, and I have spon- Mr. CAMPBELL. Mr. President, I the city of Houston, TX, makes around sored legislation to remove this unfair yield to my colleague from Texas. $30,000 a year. He marries a Pasadena tax. It penalizes couples simply be- Mrs. HUTCHISON. Mr. President, I School District schoolteacher who cause they get married. Because of the ask unanimous consent that I be al- makes about $28,000 a year. When they hard work of Chairman DOMENICI and lowed to follow Senator CAMPBELL in get married, they will owe almost the Budget Committee, we are making morning business. $1,000 in additional taxes. Mr. Presi- progress in getting rid of this tax. The The PRESIDING OFFICER. Without dent, we think that is wrong. We do not majority leader, Senator LOTT, has objection, it is so ordered. think that Americans should have to also been tremendously supportive. Mr. FAIRCLOTH. Mr. President, I choose between love and money. We do Senator HUTCHISON, Senator LOTT, and ask that I be able to follow the Senator not think that young couples who are I recently pledged on Valentine’s Day from Texas. getting married, who want to have that we would work to have this tax The PRESIDING OFFICER. Without their first home, who want to buy that burden removed by Valentine’s Day objection, it is so ordered. new car, should have to give more next year. I think it is a reasonable Mr. DURBIN. Mr. President, I ask to money to Uncle Sam because they de- goal and a step closer with today’s permission to follow the Senator from cided to get married and start their budget resolution. What better use of Texas. family. That is not the American money could we have, what better use The PRESIDING OFFICER. Without dream. So we are going to try to do than to give tax relief to a young cou- objection, it is so ordered. something about it. ple getting married? The Congressional The Senator from Colorado is recog- I want to commend Senator FAIR- Budget Office has determined that 21 nized. CLOTH from North Carolina, because he million married couples pay an average March 17, 1998 CONGRESSIONAL RECORD — SENATE S2097 of $1,400 in extra income tax each year There are several problems with this drawals from the accounts, no matter because they chose to get married. The proposal, and I would like to discuss how much the contributions have Tax Code in its simplest form should them. But I think the most important grown over time. So the benefits, encourage people to get married and point was made this afternoon by the therefore, are directly related to the not leave them with a heavy tax bill minority leader when he asked the length of time that the money remains because they did get married. I look question, is that all there is? Given the in these accounts. forward to working with Senator tremendous need for educational re- By allowing withdrawals only a few HUTCHISON, from Texas, on eliminating sources, for providing national support years after contributions have started, this tax. for our elementary and secondary this bill ensures that the only people Mr. President, the Republican Con- schools in this country, given the re- who will be able to see any noticeable gress needs to return to its core values. sults just last week of international benefit at all from those accounts will We need to reduce taxes and get on tests that showed the United States be those who can afford the maximum with the job of helping American fami- coming in dead last in science and contribution every year. In other lies and especially young American math, below even some Third World words, the only people who will really families that are just starting out. The countries, given the need of our coun- benefit from this legislation are the American families are working and try to prepare this next generation of wealthiest eligible Americans. Accord- saving to send their children to college. Americans for their role and leadership ing to the Department of the Treasury, They are trying to save for their own in this world economy, in this techno- the bill does exactly that; it con- retirement and, in many cases, to look logical age, it seems to me we should centrates the benefits of the legislation after elderly parents. In spite of all be able to engage a more appropriate into the hands of the wealthy. this, today we have a higher tax burden national response to the tremendous The Treasury Department analyzed a on them than ever before. We are still need for educational support than this slightly different version of this tax taking 38 percent of a family’s income. proposal provides. scheme and calculated what we refer to People have to work until May 7 of In the first instance, the changes as its distributional effects, that is to each year before they begin working made to the Education IRAs by S. 1133 say, who gets what from a given pro- for themselves. We need to reduce will only give families an average an- posal. That analysis found that 70 per- taxes. The Budget Committee has nual benefit of $7. That is to say, the cent of the benefits would go to those taken a step in the right direction by average annual benefit to a family with Americans in the top 20 percent of the proposing $30 billion in tax cuts. As I a child in the public schools will be $7 income scale. That is to say, families repeat, what better way to spend the a year—$7. And that $7 will cost an es- with annual incomes of at least $93,000. money? We need the marriage penalty timated $1.6 billion over the next 10 Fully 84 percent of the benefits would relief and we need it before next year. years. Seven dollars a year. I think it go to families making more than I thank the Chair. I yield the floor. is appropriate to ask, is that all there $75,000. The poorest people, the poorest Mr. President, I suggest the absence is? Is this the best we can come up with families in the country, those at the of a quorum. in response to the crisis in education bottom percent of the income scale, The PRESIDING OFFICER (Mr. our country is facing? would receive 0.4 percent of the bene- KEMPTHORNE). The clerk will call the Mr. President, $7 a year is hardly a fits. roll. windfall for American families. It is So here we are saying we are going to The bill clerk proceeded to call the not enough to cover the expense in a do something to help education, and we roll. day, in most instances, of pencils or turn the benefit on its head so that Ms. MOSELEY-BRAUN. Mr. Presi- those who have the least get the least, dent, I ask unanimous consent that the crayons or construction paper for that matter. But the point is that with $7 those who have the most get the most, order for the quorum call be rescinded. not based on ability to support edu- The PRESIDING OFFICER. Without we will essentially be providing what some have referred to as leeches to cation, not based on children’s needs. objection, it is so ordered. I do want to make it clear that the cure a disease. That is to say, we will Ms. MOSELEY-BRAUN. I would like proposal we will debate tomorrow is be draining away resources from our to take as much time as I may require slightly different than the proposal on public school system in order to pro- in morning business. which the Treasury Department esti- vide an average of $7 a year for parents. The PRESIDING OFFICER. Without mates are based and so you may hear That is not good policy. That is not objection, it is so ordered. other figures. But the point has to be f practical. And certainly that is an in- made that the distributional effect, the adequate response to the challenges we EDUCATION SAVINGS ACT FOR benefit of the bill going to the wealthi- face in education policy. est Americans still holds as a valid PUBLIC AND PRIVATE SCHOOLS Some have argued that the bill is a point of observation with regard to this Ms. MOSELEY-BRAUN. Mr. Presi- good idea because it represents savings legislation. dent, tomorrow, I understand, the Sen- policy; we want to encourage Ameri- Another point that was made by the ate will begin debate on S. 1133, prob- cans to save. And, of course, it is al- analysis of this bill, this time by the ably one of the most important debates most an article of faith that Americans Joint Committee on Taxation, is that on education that this Senate will take do not save as much as citizens of more than half of the benefits of the up this year. This is a vitally impor- other industrialized countries. We want bill would flow to the 12 percent of tant debate, so I want to take this to do everything we can to bolster the families whose children are already in along with other opportunities to talk savings rate in this country. private schools. So that is to say, most about various aspects of the underlying Of course, I agree with that propo- of the money will go to families with legislation, that is, S. 1133, as well as sition; we do want to encourage people children in private schools. amendments that I and others intend to save. But this is bad savings policy. There are right now in our country to offer which we believe represent a The purpose of IRAs, individual retire- about 46 million children in public better approach to education policy at ment accounts, is to encourage long- schools and about 6 million children in this time in our Nation’s history. term savings, again, by definition, for private schools. This bill would direct At the outset, let me say that the un- retirement. The proposal today makes more than half of its benefits to the derlying bill will allow families to put a mockery of that concept, allowing families of those 6 million children— up to $2,000 a year into special edu- withdrawals to begin only a few years half to 6 million, the other half to 46 cation savings accounts and then allow after contributions have been made. It million children. those families to withdraw those funds has nothing to do with retirement and Federal education policy, I believe, to meet the costs of attending private has nothing to do with long-term sav- should be designed to help to improve or religious schools, middle schools and ings. There is no benefit associated the quality of education available to high schools. Contributions into these with contributions into these edu- all American children, not just a small accounts would not be tax deductible, cation IRAs. It is when the withdraw- group of them. but interest on the accounts would be als are made that the benefit is real- I mentioned that this was, in my tax free. ized. There are no taxes paid on with- opinion, bad savings policy, bad tax S2098 CONGRESSIONAL RECORD — SENATE March 17, 1998 policy and bad fiscal policy, but I facts show otherwise. While it is true mandates and recognized that, in many would point out that it is also bad edu- that some public schools are ineffi- instances, the Congress will tell local cation policy. The bill is a backdoor cient, vouchers, again, do not solve governments to do something, will give way of diverting resources from public that problem; they only drain re- directions, but we do not pay the costs schools to the private schools. It rep- sources. What will solve the problem of those directives. Education is yet resents a ploy to dismantle the public and what does solve the problem and another example, and public education schools that, frankly, have made our has been shown to solve the problem particularly is another example of un- country what it is today. Public edu- with public education is parental and funded mandates flowing to the schools cation is central to the American community involvement and good that we do not pay for because, again, dream of opportunity, and the rungs of management. on average we pay about 6 percent of the ladder of opportunity have always In Chicago, in my State of Illinois, the costs of education. been crafted in the classroom. The pub- innovative leadership and a ‘‘no ex- For us now to further divert re- lic schools provide an opportunity for cuses’’ attitude have reshaped the sources from an area where we are al- every child, no matter how wealthy or school system in only 2 years. Under ready not doing enough makes abso- how poor. By diverting resources away the new leadership there, in a few years lutely no sense, is counterproductive, from the public schools, we diminish the Chicago public schools will be and, it seems to me, flies in the face of the opportunities available to the vast transformed into a first-rate school our national obligation to see to it majority of students who will be left system across the board. The innova- that no child is denied the opportunity then in the public school system. We tions, the reforms, the initiatives that to receive a quality education in Amer- will be essentially, again using the are being undertaken there in Chicago ica. But, transferring funds from public analogy, using a leech to cure whatever will benefit all 425,000 students in the schools to private schools will not buy ails the public school system. That is public system, not just a select few new textbooks for public school chil- not good education policy, and I think who might benefit from a voucher dren nor will it encourage better teach- this legislation should therefore be re- scheme or a tax plan such as this legis- ers to go and work in the public jected. lation suggests. schools. This tax scheme will not fix a We cannot afford to leave any child Every mismanaged school needs to single leaky roof or handle one set of behind. This voucher proposal, or tax have the kind of leadership that, as we management issues. It does nothing scheme, whatever you want to call it, have demonstrated in Chicago, can but, again, divert resources from a sys- in that regard, presumes that a mar- work; not a draining off of what lim- tem already sorely in need and already ket-based solution will solve such prob- ited resources it already has. As for grossly underfunded by our national lems that exist within our public cost, private schools can charge less contributions. school system. The plan presumes that because only 17 percent of them—and Here in the District of Columbia, and by giving parents money to send their you know the argument has been made in all cities, many businesses and apartment buildings—and this is by children out of the public schools and that private schools can do it cheaper. way of an analogy—businesses and into private schools will somehow im- But, again, look at the facts. Only 17 apartment buildings hire private secu- prove the quality of education avail- percent of the private schools provide rity guards to supplement their secu- able to our children. But by definition special education, for example, and it rity because they do not believe that markets have winners and losers, and costs at least twice as much to educate the local police will do an adequate job we cannot afford to lose any child in a a disabled child. Remember that we in protecting them. Does that mean, game of educational roulette, or, more have compulsory education in this then, that we should skim money off of to the point, a game of educational country, so our public schools accept what we give to the police departments triage in which we spin off or assist every child no matter the situation. No so we can make it easier for businesses people to spin off the better students matter whether the children are dis- to hire private security guards? Or that and the more affluent students into advantaged or disabled or disruptive, those funds would be better spent im- private systems. the public schools accept them. If pri- proving the quality of law enforcement Supporters of similar voucher plans vate schools were required by law to by draining money off to private secu- claim that they will help the neediest accept everyone, then it is likely that rity forces? I do not think so. If any- children the most. Research, experi- their costs would be commensurate thing, we have a responsibility as a ence, and common sense suggest other- with the costs in the private system. community to use our public resources wise. Researchers have concluded that Many private schools also limit ad- toward the public welfare and the pub- academically and socially disadvan- mission to students with good aca- lic good. taged students are less likely to benefit demic records, and they do not have to The reason we have compulsory edu- from school voucher programs. Vouch- accept the disruptive students. These cation in this country is so that every er programs in Britain, in France, the selective admissions policies mean that child can receive a quality education. Netherlands and Chile confirm this re- in practice what would really happen is If our public schools are not all meet- search. They led to increased economic that instead of parents choosing a ing that challenge, then it is our re- and social segregation of students. school for their children, the school sponsibility to fix them. It is our re- They widened the gap between stu- would choose the children that it is sponsibility to engage in a partnership dents, instead of narrowing it. In Chile, willing to accept. Again, this is turning with the States and local governments, performance actually declined for low- things upside-down in terms of edu- so that education can be the priority income students. Of course, that is not cation policy, because for a school to for our country that it must be. Spend- surprising, because any use of public be able to decide that some group of ing taxpayers’ dollars on private funds of this magnitude for private children or some children should not be schools, again, is not going to fix a sin- schools will require that fewer re- admitted seems to me to set up the gle public school. sources will be available to be devoted kind of dichotomy that I do not think, One of the more troubling aspects of to public schools. Since the vast major- in this country, we want to see de- the legislation is the underlying ity of low-income students will remain velop. Vouchers in this situation and premise that the public schools cannot in the public schools, and the worst of the tax scheme that’s suggested in S. succeed, that we just have to write these schools are for the most part al- 1133 would offer false hope to parents them off. This bill says to America’s ready sorely underfunded, it makes and children who could be denied ad- public schoolteachers and principals sense that private school vouchers mission to selective private schools. and families with children in the would further weaken the public school The Federal Government currently schools, ‘‘You have failed.’’ It starts a system. meets only about 6 percent of the costs process of diverting resources from Supporters of using Federal funds to of public education nationally. We do public schools to private schools, and it support private schools claim that not even cover the costs of our man- seems to me that is absolutely the those schools are better managed, that dated programs. The Presiding Officer wrong message. they perform better and they cost less and I, when we first came to the Sen- There is, however, good news from than the public schools. Again, the ate, worked on the issue of unfunded public education. I think we need to March 17, 1998 CONGRESSIONAL RECORD — SENATE S2099 talk about that a little bit. Again, re- of Americans in seeing to it that all when you put it all together, you have lating to some of the innovations going children, whether they live in Chicago not served transportation from one end on in Illinois, there is a consortium of or California or Detroit or in Florida or of this country to the other. You have some 20 school districts in the Chicago in Georgia or in Alabama—that all left the issue of transportation up to area. It is called the First in the World children in this country receive the the resources of the specific and dis- Consortium. They lived up to their best possible education that we can crete communities and, more to the name because in the international give them. It is particularly important point, the property tax base that that math and science tests of which I spoke in this information age, given the tech- community can resort to. That is how earlier, this group of schools scored nological revolution, because the com- we fund education in this country. By first in the world. They were all public mand of and the ability to manipulate relying on the local property tax base, school students and they scored first in and use information will be more im- we depend entirely on the accident of math and science—the public school portant in the workforce of the future geography and demographics whether system, and they received the best re- than it is today. If we do not educate or not a child’s school will be adequate sults in the world in these areas. our children, we will, as a country, see to provide a quality education. The results of these tests prove that a lessening in the ability of our na- So I say to my colleagues that, as we America’s public schools can produce tional workforce to be productive in look at this issue, let’s find common the best and the brightest students in these global markets. ground, let’s stop pointing fingers, and, the world if only they have the sup- So, to use an analogy, when it comes as much the point, let’s not continue port, the resources and the tools with to talking about what is our interest, to allow the kind of savage inequalities which to do the job. What does the why should the Senator from Illinois that exist among communities based First in the World Consortium have care about education for a child from on wealth to determine the future of that too many of our schools lack? It is North Dakota or why should the Sen- our country in this 21st century global not the kids. It is not the makeup of ator from Illinois care about the edu- economy. If a community does not the students. Our children are as capa- cation of a child in Alabama, the rea- have the property tax resources to pro- ble of performance as children any- son I care is I love my country and I vide for educational opportunity, then where else in the world, whether they care about the ability of my country to that community ought to be supported come from rich families or from poor have a workforce that can function in in its efforts to educate its children by families. We have some of the brightest this global economy. Just as in the the State and by the National Govern- students in the world, who only need 1950s it was seen as in our national in- ment. We all have a role to play. We all the opportunity to learn. The dif- terest to bring our country together, have a contribution to make. ference, however, is what support we as this debate holds the same promise. Again, finger pointing only hurts the a community provide for those chil- This debate will either turn on a vision children. I am going to, at this point, dren. The schools that comprise the of America that says we are all con- thank the Chair and yield the floor. I First in the World Consortium have nected to each other, we all have a re- just say I look forward very much to some of the best facilities in this coun- sponsibility to each other, or it will continuing this debate in the upcoming try. They have small classes. They turn on a vision of America that says, days. I think it is one of the most im- have modern technology. They have ‘‘I’ve got mine; you get yours. In your portant debates that we can take up as supportive communities. And they State, in your city, education is your a Senate. I think the future of our have engaged and involved parents and problem.’’ country, indeed our national security, teachers. I suggest the time for the finger- hangs on our ability to address in a We all, I think, have a responsibility pointing on education has to stop. We sensible and workable and comprehen- to ensure that every American child have to form a partnership that will sive way, the challenge of public edu- will have access to the same kind of provide our schools with the resources cation for the 21st Century. quality education that is made avail- that we will need to educate our chil- I yield the floor. able in the public schools at the First dren—all of them. Again, to use the The PRESIDING OFFICER. The Sen- in the World Consortium. The tax analogy from the 1950s, President Ei- ator from Kansas is recognized. Mr. ROBERTS. Mr. President, the changes envisioned in this legislation senhower saw the value in providing parliamentary situation is such that will not accomplish that goal. The bill our country with an interstate high- we are in morning business and Sen- will not result, again, in the improve- way system. He brought America to- ators are permitted to speak for up to ment of a single public school. The gether by providing a system whereby 10 minutes; is that correct? the National Government would con- amendment which I hope to talk about The PRESIDING OFFICER. The Sen- tribute to the construction and the de- suggests that we have to undertake a ator is correct. velopment of roads all across this partnership between the State and f local and National Governments to country. That interstate highway sys- provide the kind of resources for public tem brought us together as a nation NATO EXPANSION education that made our country the and served our national interests in Mr. ROBERTS. Mr. President, the strongest in the world and will keep it transportation. letter got lost in the mail. It never the strongest in the world for the 21st The way that we are funding edu- made it to President Yeltsin. It never Century. cation currently would be the equiva- made it to the radar crews in Russia. This conversation is going to go on lent of saying to each and every com- As a result, within minutes, Russian for a couple of days. I would like to munity in America—which, of course, President Boris Yeltsin was brought a leave you with an analogy which I we are saying to each and every com- black nuclear command suitcase and think is absolutely appropriate when munity in America—you go find the for several minutes, wild confusion we talk about how we are going to ad- money from your local property tax reigned in Russia, as Russia’s com- dress the challenge of education for the base to provide for your schools. And if mand and control system was operat- 21st Century. you don’t have the money in your local ing in a combat mode. There have been some arguments property taxes for your schools, it will The letter was from the Norwegian that it is not the Federal Government’s just be too bad. To use the road anal- Foreign Ministry, and it was routine. job; that, indeed, it should be left to ogy again, it’s like saying in those It informed the Russians and other sur- the locals to address education, and it communities that have a limited prop- rounding countries that a joint United is their job, it is their responsibility to erty tax base and in poor communities, States and Norwegian research rocket see to it that the schools in a local they will have shoddy roads if any would be launched to study the north- community function well and provide roads at all. The middle-class commu- ern lights. As I say, it was a foulup, a quality education. I would point out to nities with moderate means will have bureaucratic foulup, and it prompted a the Presiding Officer and to anyone kind of a hodgepodge and a mix of de- hair-trigger war scare, a nuclear war else listening that that analogy fails cent roads and kind-of-decent roads; scare, only 3 years ago. altogether to recognize our national in- and the wealthy communities will have Mr. President, I rise today to focus terest and our interest as a community the greatest roads in the world. But on this incident, because I believe it is S2100 CONGRESSIONAL RECORD — SENATE March 17, 1998 the kind of discussion that we should My bottom-line concern and fear is The reason is that Russia’s system of early carefully consider as we move to the that this administration has no long- warning of a possible attack, and command debate on NATO and NATO expansion range, overarching strategy in our re- and control of nuclear forces, is suffering many of the same problems plaguing the en- and the kind of debate that has not re- lations with Russia. Unfortunately, I tire military. Russia inherited from the So- ceived much, if any, public attention. believe this is a hallmark in the Presi- viet Union a system of radars and satellites, I encourage my colleagues to read dent’s foreign policy, just as we have but after the Soviet break-up, many are no two articles that appeared in the Wash- seen in his policy in Bosnia and just as longer on Russian soil. Russia’s six-year eco- ington Post, Sunday the 15th of March we have seen in his policy in Iraq. nomic depression has led to hardship for and Monday the 16th. Those two arti- Where is the end game? many officers, including many who work in cles focus on areas that I feel the Russia is a huge country that does nuclear command installations, who receive low pay and lack permanent housing. The United States should be most con- exist and does still have tens of thou- radar-and-satellite system is vulnerable be- cerned about: United States-Russia re- sands of nuclear warheads. They will cause there are gaps in the network, which lations and the status and the direc- play a major role in the future of Eu- will grow more serious this year as yet an- tion of the Russian nuclear forces and rope. Our choice, Mr. President, is to other Russian radar station is closed in Lat- their command and control. The two continue to treat them as a defeated via. articles, entitled ‘‘Cold War Doctrines foe—and too many in the Congress cer- The prospect of a mistake ‘‘has become particularly dangerous since the end of the Refuse To Die’’ and ‘‘Downsizing a tainly have that view—or to work with Cold War,’’ Vladimir Belous, a retired gen- Mighty Arsenal,’’ are a two-part series them to continue to develop their form eral and leading Russian strategist, wrote re- by David Hoffman and paint a very dis- of government and their military con- cently. He added that ‘‘a fateful accident couraging picture. sistent with our common values. could plunge the world into the chaos of a The first article describes the Janu- Mr. President, I ask unanimous con- thermonuclear catastrophe, contrary to po- ary 25, 1995, launch, as I have indicated, sent that these two articles be printed litical leaders’ wishes. of a joint Norwegian-United States re- The degradation of Russia’s early-warning in the RECORD. I understand the Gov- system comes as its strategic forces are also search rocket off of Norway’s north- ernment Printing Office estimates it shrinking. The forces made up of nuclear- west coast. For a brief period of time, will cost $1,616 to have these two arti- armed submarines, long-range bombers and the Russians actually mistook this cles printed in the RECORD. intercontinental ballistic missiles built by launch as one from a U.S. submarine There being no objection, the articles the Soviets during the Cold War are declin- and a possible threat to Russia. Some were ordered to be printed in the ing dramatically in both numbers and qual- ity. Within a decade, experts predict, Russia analysts say that day we came as close RECORD, as follows: as we ever have come to a will have a nuclear arsenal just one-tenth [From the Washington Post, Mar. 15, 1998] the size of the Soviet Union’s at the peak of counterlaunch by the Russians. The ar- COLD-WAR DOCTRINES REFUSE TO DIE—FALSE the superpower rivalry, because of arms con- ticle further discusses the deteriorat- ALERT AFTER ’95 ROCKET LAUNCH SHOWS trol treaties, looming obsolescence and Rus- ing state of the Russian command and FRAGILITY OF AGING SAFEGUARDS sia’s economic depression. control systems and early warning sys- (By David Hoffman) The process is posing painful questions for Russia’s political and military elite. They tems. MOSCOW.—At dawn on the morning of Jan. want to preserve Russia’s place as a global The second article discusses the im- 25, 1995, a four-stage Norwegian-U.S. joint re- power but cannot support the colossal forces pact of the economic problems on the search rocket, Black Brant XII, lifted off and intricate systems that made up the So- from an island off Norway’s northwest coast. Russian strategic weapons system. The viet nuclear deterrent. author outlines the sad material and Ninety-three seconds after launch, the What makes the radar and satellite gaps operational shape of the nuclear ar- fourth stage burned out, hurling the rocket worrisome is that Russia still adheres to nu- mored submarine and rocket forces. He and its payload nearly straight up. clear doctrines of the Soviet era. The overall The rocket was designed to study the states that the economic weaknesses of deterrence concept is known as Mutual As- Northern Lights, but when it rose above the sured Destruction, under which each side is Russia will, outside of any bilateral horizon, it turned into another kind of exper- agreements, drive the number of oper- held in check by the threat of annihilation iment—a test of the hair-trigger posture by the other. One part of this cocked-pistols ational warheads to below START II that still dominates the control of Russian approach is ‘‘launch-on-warning,’’ in which levels. and United States nuclear weapons. both sides threaten that if attacked they I suppose many could be saying, ‘‘So, The rocket was spotted by Russian early- will unleash massive retaliation, even before what’s the problem? That’s what we warning radars. The radar operators sent an the enemy warheads arrive. The idea is that want, fewer weapons systems and nu- alert to Moscow. Within minutes, President such a hair-trigger stance will discourage ei- clear warheads, right?’’ Well, it’s not Boris Yeltsin was brought his black nuclear- ther from attempting to strike first. command suitcase. For several tense min- that easy. Certainly, the wanted Russia also inherited from the Soviet utes, while Yeltsin spoke with his defense Union a second, related approach, which is to downsizing should be a controlled, sys- minister by telephone, confusion reigned. preserve the ability to launch a retaliatory tematic, consistent process and not one Little is known about what Yeltsin said, strike even after the enemy’s warheads have that is as chaotic as the article cer- but these may have been some of the most hit. This is called ‘‘launch-on-attack.’’ In tainly portrays. dangerous moments of the nuclear age. They Moscow, massive underground bunkers and a My purpose today is to highlight this offer a glimpse of how the high-alert nu- secret subway were built to protect the So- problem and to urge that the adminis- clear-launch mechanism of the Cold War re- viet leadership so they could launch a retal- tration be more concerned and that the mains in place, and how it could go disas- iatory strike. trously wrong, even though the great super- Congress be more concerned about LOST IN THE BUREAUCRACY power rivalry has ended. The message from the Norwegian Foreign United States-Russia relations. Oppo- Russia and the United States still rely on nents of NATO enlargement say our ac- Ministry was routine. On Dec. 21, 1994, it sent a doctrine that calls for making rapid-fire out a letter to neighboring countries, includ- tions have resulted in a delay in the decisions about a possible nuclear attack. If ing Russia, about the impending launch of Duma’s ratification of START II. They a Russian president wants to retaliate before the Black Brant XII, a four-stage research further state that because of the in- enemy missiles reach his soil, he has about rocket, between Jan. 15 and Feb. 10, depend- creased military capability of an en- eight minutes to decide what to do. ing on weather conditions. larged NATO, Russia must depend on Yet, in the Norway episode, the informa- But the letter got lost in the Russian bu- tion needed for such a momentous decision reaucracy and never made it to the radar nuclear weapons as a first-use capabil- was unclear. Although eventually the Nor- ity since their conventional forces are crews, as had past notifications. Norway had wegian rocket fell into the ocean, it trig- launched 607 scientific rockets since 1962. so weakened. Proponents of enlarge- gered a heightened level of alert throughout But the Black Brant XII was bigger than any ment pretty much scoff at these asser- the Russian strategic forces, according to of those. The rocket was a cooperative effort tions and state that although Russia testimony to the U.S. Congress, and other with the U.S. National Aeronautics and does not like NATO enlargement, they sources, and market the first time a Russian Space Administration, and was built with need to ‘‘get over it.’’ My concern is leader had to use his nuclear briefcase in a surplus U.S. rocket engines. not to guess which camp is right but to real alert. According to Peter Pry, a former CIA offi- Now that the superpower tensions have cial who chronicles the episode in a coming say in our relations with Russia, we eased, so have the chances of a misunder- book, ‘‘War Scare,’’ the rocket ‘‘resembled a need to go slow, we need to ensure we standing leading to nuclear war. But some U.S. submarine-launched, multiple-stage bal- fully understand the long-term impli- Western experts say the Norway rocket epi- listic missile.’’ Theodore A. Postol, a profes- cations of our actions. sode may not be the last. sor at MIT, said that the Norwegian rocket March 17, 1998 CONGRESSIONAL RECORD — SENATE S2101 may well have looked to the radar operators alert, officials said. The first serious alert Meanwhile, other radars used by Russia like a multistage missile launched from a came only after the end of the Cold War, on have been left in Ukraine, at Mykolayiv and Trident submarine. The launch occurred in a Yeltsin’s watch. Mukacheve; in Azerbaijan, at Mingacevir; region considered, during the Cold War, to be Devyanin said that at the time he was dis- and Kazakhstan, at Balqash. Some are func- a likely corridor for an incoming ballistic turbed by the way a misplaced document led tioning, but there have been disputes over fi- missile attack. to such high-level confusion. ‘‘The safety of nances and personnel. Russian authorities Anatoly Sokolov, the commander of the mankind should not depend on anyone’s hope to complete an unfinished radar in Russian radar forces, recalled shortly after- carelessness,’’ he said. Belarus to compensate for the loss in Latvia, ward that ‘‘what happened was an unsched- The day after the incident, Yeltsin an- but the prospects are uncertain. uled training exercise. . . . We all found our- nounced that he had used the nuclear brief- Overall, only about half the original radars selves under stress.’’ He said, ‘‘An officer on case for the first time. Many in Russia dis- remain inside Russia. In addition, the sys- duty reported detecting a ballistic missile missed his comment as a bit of bravado in- tem of satellites used for detecting missile which started from the Norwegian territory. tended to divert attention from the debacle launches is also depleted. There are two What kind of missile is it? What is its tar- of the Chechen war, then just beginning to groups of satellites. One group in a high el- get? We were not informed. . . . If it had unfold. liptical orbit monitors U.S. land-based mis- been launched on an optimal trajectory, its Even today, Russian officials brush aside sile fields, but cannot see missiles launched range would have been extended to 3,500 kilo- questions about the incident, saying it has from the ocean. Russia has two other geo- meters [2,175 miles], which, in fact, is the been overblown in the West. Vladimir stationary satellites but they do not provide distance to Moscow.’’ Dvorkin, director of the 4th Central Re- complete coverage of the oceans, where U.S. ‘‘The thing is,’’ he added, ‘‘the start of a ci- search Institute, a leading military think Trident submarines patrol. vilian missile and a nuclear missile, espe- tank, said he saw no danger from the Nor- Postl has calculated that Russia has seri- cially at the initial stage of the flight trajec- wegian alert, ‘‘none at all.’’ ous vulnerabilities in its early-warning net- tory, look practically the same.’’ He added, ‘‘It’s very difficult to make a de- work, especially given the highly accurate The Black Brant XII triggered a tense cision’’ to launch, ‘‘maybe even impossible Trident II sea-launched ballistic missile sys- chain reaction in Russia. According to for civilized leaders. Even when a warning tem. For example, Russia could entirely miss Nikolai Devyanin, chief designer of the Rus- system gives you a signal about a massive a missile launched toward Moscow from the sian nuclear ‘‘suitcase,’’ the radar operators attack, no one is ever going to make a deci- Pacific Ocean near Alaska because of radar were under crushing pressure. They remem- sion, even an irrational leader alarmed that gaps, he said. bered how Mathias Rust, a German youth, one missile has been fired. I think this is an ‘‘Russia is partially blind—that’s abso- flew a small plane through Soviet air de- empty alarm.’’ lutely correct,’’ said a former air defense of- fenses in 1987 and landed it in Red Square, But the incident did set off alarms. Former ficer. shaking the Soviet hierarchy to its founda- CIA director R. James Woolsey told Congress ADMONISHED BY YELTSIN tions. Moreover, in five or six minutes, the in 1996 that the Russians went on ‘‘some sort In January 1997, a group of workers at a Norwegian missile could hit the Kola Penin- of’’ alert, ‘‘not a full strategic alert, but, at small state-owned institute near St. Peters- sula, where Russia’s nuclear-armed sub- least, a greater degree of strategic inquisi- burg went on strike. The workers at the Sci- marines are based. tiveness.’’ entific Production Corp. Impuls said they Bruce Blair, a senior fellow at the Brook- Devyanin has said the radar operators had not been paid for eight months. could be reprimanded for sending out a false, ings Institution in Washington who has writ- The strike touched a nerve among those panicky signal. But they also feared it was a ten extensively on the Soviet and Russian who knew about Impuls. Its founder, Taras real threat. So they decided to issue an alert command-and-control systems, said a signal Sokolov, pioneered the Russian nuclear com- that it was an unidentified missile, with an was sent to the Russian strategic forces to mand system, known as Signal. The workers unknown destination. increase their combat readiness, but the cri- at Impuls said they were fed up and would The alert went to a general on duty. He, sis then ended. Blair said the significance of not go back to work until paid. too, decided that it was better to send on the the episode was the confusion that marked Within days, Defense Minister Igor alert to the highest levels, than to be blamed the period during which Yeltsin would have Rodionov took an extraordinary step. He too for a disaster. One factor, Western officials had to make a real ‘‘launch-on-warning’’ de- was frustrated. He had devoted his career to said later, might have been fear that the cision. Blair pointed out that the Soviet the conventional army, but it was disinte- lone missile would release a huge, debilitat- Union and Russia have been through coup, grating before his eyes. Yeltsin was ill, and ing electromagnetic pulse explosion to dis- rebellion and collapse over the last decade, Rodionov could not reach him on the phone. arm Russia’s command-and-control system, and a leader may well be called on to make Finally, he wrote an alarming letter to as a prelude to a broader onslaught. crucial decisions at a time of enormous up- Yeltsin. He said the command-and-control At that point, the Russian electronic com- heaval. systems for Russia’s nuclear forces—includ- mand-and-control network known as Kazbek, Postol said, ‘‘The Norwegian rocket launch ing the deep underground bunkers and the had come to life. is an important indicator of a serious under- early-warning system—were falling apart. The duty general received his information lying problem. It tells us something very im- ‘‘No one today can guarantee the reliabil- from the radar operator on a special notifica- portant: People are on a high state of alert, ity of our control systems,’’ Rodionov said. tion terminal, Krokus. He then passed it to when there is not a crisis. You can imagine ‘‘Russia might soon reach the threshold be- the Kavkaz, a complex network of cables, what it would be like in a high state of ten- yond which its rockets and nuclear systems radio signals, satellites and relays that is at sion.’’ cannot be controlled.’’ the heart of the Russian command and con- Pry said that there have been other false A retired colonel, Robert Bykov, who had trol. From there, it caused an alert to go off alarms in the nuclear age, but none went as worked in some of the military’s electronic on each of the three nuclear ‘‘footballs’’ in far as Jan. 25, 1995, which he described as command systems until 1991, echoed the Russian system: one with Yeltsin, one ‘‘the single most dangerous moment of the Rodionov’s comments in an article he wrote with then-Defense Minister Pavel Grachev nuclear missile age.’’ for a mass-circulation newspaper, and a third with the chief of the General ‘‘PARTIALLY BLIND’’ RUSSIA Komsomolskaya Pravda. Bykov said Staff, then Mikhail Kolesnikov. The black The first radar-blip warning of the Nor- Rodionov was ‘‘absolutely correct.’’ He suitcases were nicknamed Cheget. wegian rocket came from the early-warning added, ‘‘Even in my period of service, the The command-and-control system ‘‘was system built around the periphery of the So- equipment ceased functioning properly on now operating in combat mode,’’ Devyanin viet Union. The concept of ‘‘launch-on-warn- more than one occasion, or certain parts of said. Yeltsin immediately got on the tele- ing’’—a quick-draw response to nuclear at- it spontaneously went into combat mode. phone with the others holding the black suit- tack—depends on swift, reliable warning. You can imagine what is happening now.’’ cases, and they monitored the rocket’s flight ‘‘Get it right, it makes no difference to us In a lengthy interview, Bykov said he was on their terminals. (The actual launch orders what kind of missile it is, meteorological, the subject of an investigation by the Fed- are not given from the suitcase, only the per- testing or combat,’’ Sokolov, the Russian eral Security Service after the article ap- mission to fire. The launching process, in- radar forces commander, said after the Nor- peared. Recalling his experiences, he said cluding ciphers, is controlled by the mili- wegian episode. He said the radars are the that periodically the central command sys- tary’s General Staff, which, in some cir- ‘‘eyes and ears of the president.’’ tem went into a ‘‘loss of regime’’ mode, cumstances, is authorized to act on its own.) But the Soviet collapse has muffled those which he described as a neutral position, Devyanin noted a strange irony. The sensors. The Soviet radar system was being where it could not send out commands. He Cheget suitcase was a product of the final modernized when the country fell apart. One said there were also a few incidents in which phrase of the Cold War, during the tense of the new replacement radars, in Latvia, individual missile silos or regiments would early 1980s, when Soviet leaders feared a sud- was torn down in May 1995. Russia won a report to the center that they were in ‘‘com- den attack launched from Europe or nearby temporary reprieve against closing two older bat mode,’’ but he said the main system oceans. They needed a remote command sys- radars in Latvia, but that agreement expires could prevent any accidental launch. tem to cut down reaction time. in August. Latvia recently announced it will Bykov’s article had an impact outside Rus- The suitcases were put into service just as not let Russia renew. The radar is one of sia. It was picked up in a CIA report outlin- Mikhail Gorbachev took office. Gorbachev, those covering the critical northwestern di- ing Rodionov’s concerns about nuclear com- however, never used them in a real-time rection. mand and control. The Washington Times S2102 CONGRESSIONAL RECORD — SENATE March 17, 1998 disclosed the report on the day Rodionov ar- days, I think we should reject it. On odd ance, ‘‘locking in’’ the lower Russian levels rived in Washington in May 1997 for a visit. days, I think we should keep it.’’ with formal treaties. Also, some experts say Rodionov recalled in an interview that he ‘‘Why?’’ he asked. ‘‘Because how is launch- both sides should remove the still-tense nu- eventually had a meeting with Yeltsin. ‘‘You on-warning dangerous? It’s dangerous with a clear-alert posture of the Cold War. shouldn’t have said that,’’ Yeltsin admon- possible mistake in making the decision to But there is also resistance from those who ished him, he said. launch.’’ But, he added, ‘‘making this mis- urge caution. For example, in the 1994 nu- Rodionov said he drew up a plan for army take in peacetime, a time like now, the like- clear posture review, the Clinton administra- reform that included drastic cuts in nuclear lihood is practically zero. Because the situa- tion decided to create a ‘‘hedge’’ of warheads weapons, but never got a chance to take it tion is quiet. Only if there is some increase against the prospects of future uncertainty out of his briefcase. He was dismissed and re- in tension between countries, then the likeli- in Russia and to preserve the existing U.S. placed by Igor Sergeyev, the head of the hood of a mistake increases.’’ structure of land-sea-air forces. Some argue strategic rocket forces—a move crystallizing Just the fact of having launch-on-warning, that, as the only global superpower, the the new emphasis on nuclear deterrence. he said, would discourage both countries United States does not need to match the Russian officials have repeatedly denied from returning to Cold War tensions. ‘‘We steep Russian decline. And Russia’s woes that the strategic forces command system is must sit quietly,’’ he added, ‘‘like mice in may embolden backers of building a ballistic weakening. They say it has rigid controls our nook.’’ missile defense system. against an accidental launch or theft. The Only a decade ago, when the Soviet arsenal U.S. strategic forces commander, Gen. Eu- [From the Washington Post, Mar. 16, 1998] hit its peak, the Pentagon warned that a pa- gene Habiger, visited Russian command cen- DOWNSIZING A MIGHTY ARSENAL—MOSCOW rade of new weapons systems was being de- ters last fall and said they were ‘‘very much RETHINKS ROLE AS ITS WEAPONS RUST ployed, including the SS–18 Satan missile, geared to a fail-safe mode’’ in which any (By David Hoffman) the supersonic Blackjack bomber, and the command level ‘‘can inhibit a launch’’ of a giant Typhoon ballistic-missile submarine. MOSCOW.—Russia’s strategic forces, the missile. The Pentagon’s annual ‘‘Soviet Military vast phalanx of nuclear-armed submarines, But Sergeyev has acknowledged the sys- Power’’ tract declared that ‘‘the most strik- bombers and intercontinental ballistic mis- tem is growing old; most of the command ing feature of Soviet military power today is siles built during the Cold War by the Soviet posts were built more than 30 years ago. The the extraordinary momentum of its offensive Union, are suffering a dramatic decline be- rocket forces are also suffering shortages of strategic nuclear force modernization.’’ trained personnel and severe social problems cause of arms control treaties, the Soviet Today, that momentum has stopped. The such as a lack of housing for 17,000 officers. breakup, looming obsolescence and Russia’s Typhoons, Satans and Blackjacks are A well-informed Russian expert on the com- economic depression. doomed. Russia, the sole heir of the Soviet Regardless of whether the United States mand system said, ‘‘Today it’s not dangerous nuclear forces, still has thousands of war- and Russia move ahead on bilateral arms- but tomorrow it might be. It is going down. heads. But the mechanical leviathans needed control treaties, a decade from now Russia’s It has not reached the critical point. But the to carry them are deteriorating. trends are down—days when designers are forces will be less than one-tenth the size The Russian landscape is littered with not paid, when money is not allocated for up- they were at the peak of Soviet power, ac- stark evidence of this decline. At Russia’s keep.’’ cording to estimates prepared in Russia and Northern and Far Eastern ports, nuclear- In the coming decade, Russia is to move in the West. Ten years from now, if current powered submarines are piling up in watery toward a drastically curtailed nuclear force, economic trends continue, Russia may have junkyards. The largest group of Blackjack one that will be just larger than those of a strategic nuclear force just larger than bombers is rusting away in Ukraine. Even China or of France and Britain combined. that of China, and somewhat larger than the core of the Russian strategic deterrent, Some Russian strategists are already re- Britain’s and France’s combined. the missile force, is expected to shrink dra- This slide has enormous implications for thinking the Cold War doctrines that called matically in the years ahead, although Rus- Russia and the West that are only now begin- for Moscow to deploy vast weapons systems sia is trying to deploy a new class of land- ning to emerge. For Russia, the decline has carrying thousands of warheads for attack based intercontinental ballistic missiles. But raised painful dilemmas about its place in on the United States. With fewer weapons, so far, only two rockets have been put on the world, underscoring yet again the ero- limited finances, gaps in early warning, and duty, three years behind schedule. sion of its superpower status. the dissipation of Cold War rivalry, some an- At the same time, while the nuclear shield SILENT FACTORIES AND SHIPYARDS alysts have urged Russia and the United is shrinking, Russian leaders have decided to Moreover, most of the huge factories and States to take nuclear weapons off hair-trig- rely on the deterrent power of the nuclear shipyards that rolled out the giant Soviet ger alert. weapons more than ever—to compensate for arms buildup in the 1980s have fallen silent. LOWERING THE RISK their even weaker and more chaotic conven- In many cases the experts who built them Blair, the Brookings analyst, has been the tional forces. President Boris Yeltsin re- have simply disappeared. chief proponent of ‘‘de-alerting,’’ which he cently signed a new national security doc- Like the United States, Russia has a three- said ‘‘means we increase the time needed to trine that enshrines this idea. Russia also legged structure of nuclear forces: a triad of launch forces from the current minutes to has dropped its pledge not to be the first to land, sea and air weapons. But Russia’s triad hours, days, weeks or longer, through a vari- use nuclear weapons. may cease to exist over the next decade. ety of measures like taking the warheads off ‘‘All we have is the nuclear stick,’’ said Most likely, experts say, the long-range the missiles.’’ He added, ‘‘It would take them Lev Tolkov, a prominent Russian military bombers, which have always been the least out of play, so there is a much lower risk of strategist. ‘‘Of course, we should all together significant leg of the Russian triad, will be- their mistaken use.’’ decrease this nuclear danger. But right now, come obsolescent, leaving a diminished sub- But in Russia, there is no clear sense of di- we have nothing else. We’re naked. Can you marine fleet and land-based rocket forces to rection. If anything, analysts here said they imagine that?’’ carry the nuclear deterrent. think Russia may drift away from launch- Some Russian strategists are beginning to How far and how fast the Russian forces on-warning. This is driven by necessity: The look for an exit from the arms-race mental- decline depends on whether the now-mori- warning system is deteriorating. ‘‘Basically, ity of the Cold War, a way that would pre- bund economy can recover. But independent the shift is being made already,’’ said the serve Russia’s membership in the nuclear estimates by authoritative Russian and Kremlin defense strategist. club, perhaps even its Great Power status, Western experts show the same outcome in However, others said the change is not cer- but without the enormous drag on its re- the next 10 to 15 years—movement toward a tain. The Russian military elite was trained sources. One recent proposal is for Russia drastically reduced nuclear force. The result to think in global terms but now faces the simply to abandon the bilateral arms-control is being decided today; weapons take decades reality of becoming a second-class power at a process with the United States and go its to design and build but almost none are in time of overwhelming American superiority. way with a small, independent nuclear force. the works, and existing programs are starved Russia may be reluctant to give up the In Moscow, leading politicians and mili- for money. threat of a launch-on-warning, at least for- tary experts are also looking, nervously, not According to the estimates, Russia’s nu- mally. at the West, but at Russia’s long, sparsely clear forces are shrinking even faster than ‘‘I think there will be some kind of transi- populated southern and eastern borders, to- the START II treaty will require. The trea- tion period, 10 to 15 years,’’ said Anatoly ward China and the Islamic world, where ty, which called for both sides to have be- Diakov, director of the Center for Arms Con- they see the real future threats to Russian tween 3,500 and 3,000 warheads, was signed trol, Energy and Environmental Studies interests. five years ago but has yet to be ratified by here. ‘‘Russia will save the opportunity to In the West, too, the decline of Russia’s the lower house of the Russian parliament, return to launch-on-warning, just in case. strategic forces could have serious repercus- the State Duma. This is some kind of hedge against adverse sions, raising questions about sizes and pos- Even more striking, Russian and Western developments. But the main priority will be ture of U.S. forces. Some see it as a chance specialists now estimate that, if the econ- a transition from launch-on-warning to a re- for the United States to pursue still-deeper omy remains flat, Russia probably cannot taliatory’’ posture. cuts in nuclear weapons, including a new even sustain the level of nuclear weapons en- Asked whether Russia should give up strategic arms agreement, that would keep visioned just a year ago for a follow-on trea- launch-on-warning, Dvorkin said, ‘‘On even Washington and Moscow at approximate bal- ty, START III. In a meeting at Helsinki last March 17, 1998 CONGRESSIONAL RECORD — SENATE S2103 March, Clinton and Yeltsin set the target for Russia has only six Blackjacks, built in be ‘‘senseless from the military point of view this treaty as 2,000 to 2,500 warheads on each 1991, currently deployed at the Engels air and impossible from the economic point of side. Both treaties would be implemented by base in the Volga region, but a Russian mili- view,’’ Said Vladimir Dvorkin, director of 2007 but warheads would be deactivated by tary source said only four of them are com- the 4th Central Research Institute, the once- 2003. bat-ready. There are a few more Blackjacks secret think tank for the Russian rocket More likely, Russian and Western special- partially finished or being used as trainers. forces. ists said, Russia will wind up with an arsenal Russia also has a fleet of older Tu–95 Bear A BRICK WALL OF OBSOLESCENCE of 1,000 to 1,500 warheads a decade from now. bombers. If START II is not ratified, the Russian However, it could fall to half that if the Russia’s submarine fleet is the least vul- missile forces will nonetheless hit a brick economy does not recover. That would put nerable leg of the strategic triad—while the Russia in a league with China, which is esti- wall of obsolescence in the next decade. Gen. submarines are hidden under the ocean. But Vladimir Yakovlev, chief of the strategic mated to have 400 warheads today—or rough- the navy is also in trouble. A.D. Baker III, ly equivalent to the total by Britain, with rocket forces, said recently that 62 percent editor of Combat Fleets of the World, said of Russia’s missiles are already beyond their 260, and France, with 440. that at the present rate of decline, Russia’s Volkov, the Russian military analyst, re- guaranteed service life. For the Russian strategic-missile submarine fleet ‘‘will be military, this is often flexible. But there are cently estimated that even with robust eco- virtually extinct within a decade.’’ At the nomic growth, Russia will have only 700 war- serious problems: As the factories that made end of 1997, he said, for the first time since the missiles grind to a halt, and the workers heads a decade from now. Sergei Kortunov, a the 1930s, the Russian navy had fewer oper- top Kremlin defense aide, has written that and designers leave for other jobs, the prob- ational submarines of all types than did the lem of maintenance becomes acute. Scav- ‘‘with a lot of effort’’ Russia might reach U.S. Navy. 1,000 warheads by 2015. enging for spare parts is common. Of 62 strategic submarines deployed by the ‘‘They have to decide,’’ said a Western dip- By contrast, according to the Natural Re- Soviet Union in 1990, the Russian navy cur- sources Defense Council in Washington, the lomat, ‘‘what is the risk? And, what choice rently has only 28, and by some recent re- do they have?’’ Soviet Union in 1990 had 10,779 strategic nu- ports, as few as 23 are operational. Most of clear warheads. (This does not include the The Russian military has repeatedly test- the rest have been junked or are waiting to fired old rockets to see if they still work. estimated 6,000 to 13,000 nonstrategic, small- be. er nuclear charges Russia also still pos- They usually hit their targets. But last At a peak of the Cold War tensions, 20 to 22 spring, according to one source, when a Ty- sesses, which have never been covered by submarines were at sea. Today, there are arms control treaties.) phoon attempted to fire 20 older rockets as usually two, and they do not go far. part of a destruction routine, only 19 mis- The U.S. strategic forces are relatively One of the fearsome symbols of Soviet siles came out. One failed to launch. modern. The land-based Minuteman missiles, power was the Typhoon, the largest sub- Trident submarines and B–52 bombers are ex- Volkov said: ‘‘Everything ends. In 22 or 23 marine ever built—each accommodating 20 years, a moment comes when everything pected to remain in service for a long-time. missiles with 10 warheads apiece. The six Ty- Gen. Eugene Habiger, commander of the U.S. starts to collapse or fall apart. Each piece of phoons completed between 1980 and 1989 equipment has a moment when the construc- strategic forces, said recently, ‘‘I do not see could, in the event of a nuclear attack, send the United States even thinking about hav- tion simply get old. You can change the 1,200 nuclear warheads aloft. equipment, you can change small things. But ing to modernize any of our forces until the But today only half the Typhoons are when the silo, the container, the body of the year 2020.’’ working. Three of the huge boats have been missile, when they are corroded, fungus eats NUCLEAR-AGE ‘‘GRAVEYARDS’’ taken out of service. A new missile planned through the metal, things start to grow on Boris Yeltsin has always been unpredict- for them has yet to materialize, and it is un- it—God knows what.’’ able while abroad, and last Dec. 2 he popped clear whether they will ever sail again. Dvorkin said there is an expensive, labor- Russia started construction in November another surprise. On a visit to Stockholm, he intensive drive to stretch out missile-service 1996 on a new generation of strategic sub- declared: ‘‘I am here making public for the life. ‘‘But of course, we can’t hope that we marine, the Borey class, at the Severodvinsk first time that we, in a unilateral manner, can do it endlessly,’’ he said. ‘‘Not a single shipyard in the north. But according to are reducing by another third the number of builder or scientist can tell you right now Baker, only 1 percent of the first submarine nuclear warheads.’’ how long we can extend it. ‘‘He added that Yeltsin’s press secretary, Sergei has been completed in 15 months of work, eventually it becomes more costly to fix the Yastrzhembsky, said he was referring to a and the new missile planned for it has failed rockets than to buy new ones. future START III arms control treaty with four times. The Strategic Rocket Forces are already In addition to preserving its strategic sub- the United States. But later back in Moscow, struggling to deploy a new missile, the marine fleet, the navy is facing other press- a senior Russian defense strategist shook his three-stage Topol-M, to be the core of Rus- ing financial obligations. One of the most head at Yastrzhembsky’s explanation. sia’s future deterrent. That missile, both ‘‘To tell you the truth, I was bewildered,’’ persistent headaches is that submarines have road-mobile and silo-based, is built entirely he said. Yeltsin’s comment captured per- a service life of 25 to 30 years, but most un- within Russia and designers have said its fectly what is happening to Russian strate- dergo an interim overhaul every seven or payload contains still-secret means for slip- gic forces, he added. eight years. For lack of financing for these The decline was set in motion by the ping through antimissile defenses. repairs, many vessels are being retired early. The main question about the Topol-M is START I treaty, now being implemented. So far, 152 submarines have been retired of- not so much technology as money and time. Russia has made cuts mostly by eliminating ficially and more are unofficially in line to In December, the first two rockets were in- missiles it inherited from Belarus, Ukraine be retired. A huge backlog of nuclear-pow- stalled in an old SS–19 silo near Saratov, on and Kazakhstan. Looming are deeper cuts in ered vessels awaiting dismantling is building the Volga River. Yakovlev said Russia hopes the forces now inside Russia, mandated by up in the Northern and Far Eastern ports, to deploy 10 missiles this year, but needs an- START II. But even more important than which environmentalists and others have other $600 million before production can the treaties, the ebb of Russia’s strategic warned has the potential for a naval disaster start. In the Soviet era, the Votkinsk fac- forces is being driven by a simple fact: They similar to that at the Chernobyl nuclear tory, which builds the missiles in the central are running out of steam, out of money, and power plant in 1986. Urals mountains, made about 80 rockets a out of time. ‘‘We have whole graveyards of nuclear year. But now there are doubts about wheth- For example, in its 1989 report on Soviet weapons and we don’t know what to do with er Russia can afford just 10 a year. military power, the Pentagon warned about them,’’ Said Georgi Arbatov, a prominent the deployment of the Blackjack bomber, strategist and adviser to Soviet leaders. LOOKING FOR AN EXIT the Russian supersonic Tu–160. With low- The core of Russian strategic forces is the For Russian strategic planners, the choices mounted, swept-back wings and a long point- land-based, continent-spanning missiles. But are painful. The Cold War is over but its im- ed nose, the plane was the most powerful the clock is ticking for them, too. mense and destructive hardware remains in combat aircraft in the Soviet air force, and Most of the missiles built in the 1970s and place. Russia hungers for global prestige; was deployed with nuclear-armed AS–15 ’80s are due to be retired or decommissioned many see the nuclear arsenal as its last re- cruise missiles. Although the Soviet Union if the START II treaty is ratified. This in- maining calling card as a great power. But had planned to build 100 Blackjacks, only 25 cludes the 10-warhead ‘‘heavy’’ missile, the Russia can’t afford to sustain it any longer. were deployed. They had many malfunctions, SS–18, which embodied the destabilizing Some prominent military and political an- but the biggest problem came on the day the threat of multiple-warhead missiles. Russia’s alysts have begun to talk about finding a Soviet Union fell apart: Most of the force of SS–19 six-warhead missiles would way out of the cocked-trigger nuclear em- Blackjacks were not in Russia. also be reduced, and fixed with only one war- brace with the United States, if only because Nineteen Blackjack bombers were parked head each. The abolition of multiple war- Russia’s dwindling forces demand it. in Ukraine, where they remain. Years of ne- heads was the chief accomplishment of the ‘‘The model of nuclear deterrence that ex- gotiation between Russia and Ukraine for re- START II treaty. isted during the Cold War must of course be purchase of the bombers by Russia have gone Some Russian politicians have threatened radically changed,’’ Dvorkin said, ‘‘since it is nowhere. According to Jane’s Intelligence that Moscow could return to multiple-war- senseless right now to deter the United Review, the planes have practically lost head missiles if it had to, but military ex- States from an attack, nuclear or conven- their combat value. perts pour cold water on the idea. It would tional, on Russia.’’ S2104 CONGRESSIONAL RECORD — SENATE March 17, 1998 Sergei Rogov, director of the USA-Canada RUSSIAN OPERATIONAL STRATEGIC NUCLEAR FORCES, families exposed to devastating finan- Institute and a leading strategic analyst, 1998—Continued cial risks because of exclusions for said Russia and the United States have set- such conditions. Other families faced tled their long ideological struggle, but not NATO No. Range Total the same problems if their employers even begun to wind down the nuclear threat. Type designation de- Year (miles) war- The 1994 agreement by Clinton and Yeltsin ployed heads changed insurance plans. Still others were unable to buy individual coverage that missiles will not be targeted at each Tu–95M ...... Bear H16 ...... 35 1984 7,953 560 other was ‘‘a step back from this trigger- Tu–160 ...... Blackjack ...... 6 1987 6,835 72 because of health problems if they left happy situation,’’ he said, but it was ‘‘a gim- Intercontinental bal- their job or lost their job and did not listic missiles: mick, because it’s reversible in one or two SS–18 ...... Satan ...... 180 1979 6,835 1,800 have access to employer-based cov- minutes.’’ In fact, according to a Russian SS–19 ...... Stiletto ...... 165 1980 6,214 990 erage. specialist, the Russian missiles can be re-tar- SS–24 ...... M1/M2 Scalpel 36/10 1987 6,214 460 SS–25 ...... Sickle ...... 360 1985 6,524 360 The legislation addressed each of geted in 10 to 15 seconds. Sea-launched ballis- Rogov said both countries still preserve in- tic missiles: these problems. It banned exclusions tact the doctrine of Mutual Assured Destruc- SS–N–18 ...... M1 Stingray ... 192 1978 4,039 576 for pre-existing conditions for people tion, a Cold War legacy under which both SS–N–20 ...... Sturgeon ...... 80 1983 5,157 800 SS–N–23 ...... Skiff ...... 112 1986 5,592 448 who maintained coverage, even if they sides threaten to respond to an attack by Total ...... 1,205 ...... 6,240 wreaking massive damage on the other. changed jobs or changed insurers. It re- ‘‘You don’t threaten your ‘strategic partner’ Source: ‘‘Taking Stock, Worldwide Nuclear Deployments, 1998,’’ by William quired insurance companies to sell in- Arkin, Robert S. Norris and Joshua Handler, Natural Resources Defense surance policies to small businesses with assured destruction 24 hours a day,’’ Council, 1998. Rogov said, ‘‘We need to abandon the Mutual and individuals losing group coverage, Assured Destruction conditions with the RUSSIAN SUBMARINE PATROLS PER YEAR, 1991–96 regardless of their health status. It United States.’’ banned higher charges for those in poor But the traditional arms control process is 1991 ...... 55 health in employment-based groups. at an impasse. The Duma has refused to rat- 1992 ...... 37 ify the START II agreement. Without it, the 1993 ...... 32 A GAO study in 1995 had found that United States has refused to begin formal ne- 1994 ...... 33 25 million Americans faced one or more gotiations on deeper cuts in a START III 1995 ...... 27 of these problems and would be helped treaty. Many of Russia’s top military strate- 1996 ...... 26 by the Kassebaum-Kennedy proposal. gists are eager to move ahead with deeper, Source: U.S. Office of Naval Intelligence, released under FOIA to Princeton For the vast majority of these Ameri- joint reductions that would match the loom- Center for Energy and Environmental Studies. ing obsolescence of their forces. cans, the legislation is working well. At the same time, there is a new line of Mr. ROBERTS. I yield the floor. They can change jobs without fear of thinking that Russia should abandon bilat- Mr. KENNEDY addressed the Chair. new exclusions for pre-existing condi- eral negotiations with the United States and The PRESIDING OFFICER. The Sen- tions, denial of coverage, or insurance instead create a small and ‘‘sufficient’’ nu- ator from Massachusetts is recognized. company gouging. clear force, not unlike France’s independent Mr. KENNEDY. I thank the Chair. nuclear posture. (The remarks of Mr. KENNEDY per- But as the GAO study makes clear, In an article just published in a Russian taining to the introduction of S. 1789 many of the two million people a year academic journal, Kremlin defense aide are located in today’s RECORD under who lose employer-based group cov- Kortunov and Vladimir Bogomolov, of the erage are vulnerable to flagrant indus- rocket forces, suggested Russia keep an inde- ‘‘Statements on Introduced Bills and pendent force of 1,000 warheads. They argued Joint Resolutions.’’) try price-gouging if they try to pur- that this would ‘‘allow Russia to choose and f chase individual coverage. adopt her own nuclear strategy.’’ They said IMPLEMENTATION OF KASSE- When the 1996 act was moving Russia could do this unilaterally and ‘‘there through Congress, Democrats sought to will be no need for new talks’’ with the BAUM-KENNEDY HEALTH INSUR- ANCE REFORM LEGISLATION place clear federal limits on these pre- United States. miums for individual coverage. The Re- Among Russia’s military and political Mr. KENNEDY. Mr. President, a re- publican majority in Congress and the elite there is also a strong consensus that cent GAO report makes clear that sig- insurance companies refused to com- the West is no longer Russia’s strategic ad- nificant insurance company abuses are versary—and that the nuclear face-off is bur- promise on this issue—and restrictions undercutting the effectiveness of one of densome, diverting resources from other real on price-gouging were largely left to the key parts of the Kassebaum-Ken- problems. Many have concluded that Russia, state law. Many States have put limits nedy health insurance reforms enacted with a long, sparsely populated southern bor- on such premiums, or enacted special der, needs to deter potential threats from in 1996. group coverage for high-risk persons. the south and east—from the Islamic world President Clinton announced today and China—over the coming decade. that he has called for vigorous enforce- But too many states have failed to ‘‘I don’t think Russia will have to worry ment against companies that are vio- act effectively to prevent abuse. In ad- about its western borders,’’ said a top Krem- dition to price-gouging, some compa- lin security specialist. ‘‘This will give us lating the law. But it is abundantly more time to pay attention to the southern clear that additional action by Con- nies have encouraged insurance agents borders.’’ gress is needed to end the worst to refuse to sell policies to individuals RUSSIA’S DWINDLING ARSENAL—RUSSIAN abuse—price-gouging by the insurance and imposed long waiting periods for STRATEGIC WEAPONS, 1990-2012 industry. I intend to introduce legisla- coverage of particular illnesses and The level of Russia’s forces could change tion this week to block that irrespon- other unacceptable practices. depending on the country’s economy and sible practice. The verdict of experience is in. The how Russia decides to structure its forces. Individuals who lose their group cov- GAO report makes clear that insurance These estimates for future years are based erage and attempt to obtain individual on interviews by The Washington Post with companies are guilty of abuse beyond a Russian and Western experts. Levels will be coverage are being charged exorbitant reasonable doubt, and Congress has to even lower if the Russian economy does not premiums by insurance companies. We act. recover. recognized that potential problem in 1996, but Republican opposition blocked f TOTAL WARHEADS any Federal role in preventing such abuse, on the ground that state regula- COVERDELL TAX BILL 1990 ...... 10,779 tion would be an adequate remedy. As 1997 ...... 6,260 Mr. KENNEDY. Mr. President, on the 2007 ...... 1,200 the GAO report makes clear, state reg- 2012 ...... 700 ulation is no match for insurance in- issue that is before us, which is basi- Start-2 level ...... 3,500 dustry price-gouging. cally the Coverdell education proposal, Start-3 level ...... 2,000–2,500 The 1996 legislation was enacted in I will take a few moments of the Sen- response to several serious problems. ate’s time to express my strong res- RUSSIAN OPERATIONAL STRATEGIC NUCLEAR FORCES, Large numbers of Americans felt ervations in opposition to the proposal, 1998 locked into their jobs because of pre- and I will outline the reasons why. existing health conditions which would Public schools need help—and this No. Total Type NATO de- Year Range war- have subjected them to exclusions cov- ‘‘do-nothing’’ bill doesn’t even get us designation ployed (miles) heads erage if they changed jobs. to the front door. In fact, it goes in the Bombers: Many more who did change jobs opposite direction, by earmarking most Tu–95M ...... Bear–H6 ...... 29 1984 7,953 174 found themselves and members of their of its aid to go to private schools. March 17, 1998 CONGRESSIONAL RECORD — SENATE S2105 The nation’s students deserve mod- This chart I have is based on the false. The fact is, the public schools do ern schools with world-class teachers. Joint Tax Committee memo, which is not charge tuition. Therefore, the 90 But too many students in too many the committee designated by the Con- percent of the children who attend the schools in too many communities gress to review tax bills and provide public schools do not need help in pay- across the country fail to achieve that analysis of various tax changes. The ing tuition. What they do need is the standard. The latest international sur- Joint Tax Committee memo dem- best possible education. We should be vey of math and science achievement onstrates the distorted priorities of the doing much more to support efforts to confirms the urgent need to raise Coverdell bill. The bill has a $1.6 billion improve local schools. We should op- standards of performance for schools, price tax over the next ten years—and pose any plan that would undermine teachers, and students alike. It is half the benefits—$800 million—go to those efforts. shameful that America’s twelfth grad- the 7 percent of families with children On this next chart, it is clear that ers rank among the lowest of the 22 na- in private schools. That’s an eight hun- this bill disproportionately benefits tions participating in this inter- dred million dollar tax bread for the families with children already in pri- national survey of math and science. tiny fraction of parents with children vate school. Of the 35 million public The nation’s schools are facing enor- in private schools. That’s unaccept- school families, 30 percent could use mous problems of physical decay. 14 able, when public schools are desperate the Coverdell IRA. But 83 percent of million children in a third of the for additional help. the 2.9 million private school families schools are learning in substandard We have nothing against the private could use the IRA. school buildings. Half the schools have schools. They are superb in many cir- Again, the issue of fairness. The issue at least one unsatisfactory environ- cumstances. But, scarce tax dollars of the test should be what is going to mental condition. should go to the public schools that benefit children and enhance their aca- Massachusetts is no exception. Mr. demic achievement. This particular President, 41% of Massachusetts have great needs. We should invest scarce resources in proposal does not meet this test. The schools report that at least one build- ways that will help children raise aca- ing needs extensive repair or should be Coverdell bill is a back-door attack on replaced; 75% report serious problems demic performance and enhance their public education, and it should be de- in their buildings, such as plumbing or abilities? That is my test and the feated. heating defects; 80% have at least one Coverdell bill fails it. Scarce tax dollars should be targeted The Joint Tax Committee memo also unsatisfactory environmental factor. to public schools. They don’t have the The challenge is clear. We must do estimates that while 83 percent of pri- luxury of closing their doors to stu- all we can to improve teaching and vate school families will use this tax dents who pose special challenges, such learning for all students across the na- break, only 30 percent of public school as children with disabilities, limited- tion. That means: We must continue to families will use it. English-proficient children, or home- support efforts to raise academic The majority of the tax benefits will less students. This bill will not help standards; we must test students early, go to families in high income brackets, children who need help the most. so that we know where they need help who can already afford to send their Proponents say it will increase in time to make that help effective; we children to private school. choice for parents, but the parental must provide better training for cur- But working families and low-income choice is a mirage. Private schools rent and new teachers, so that they are families do not have enough assets and apply different rules than public well-prepared to teach to high stand- savings to participate in this IRA schools. Public schools must accept all ards; we must reduce class size, to help scheme. This regressive bill does not children. Private schools can decide students obtain the individual atten- help working families struggling to pay whether to accept a child or not. The tion they need and we must provide day-to-day expenses during their chil- real choice goes to the schools, not the after-school programs to make con- dren’s school years. parents. The better the private school, structive alternatives available to stu- The Joint Tax Committee memo says the more parents and students are dents and keep them off the streets, that the few public school families that turned away. Public schools must ac- away from drugs, and out of trouble. do use the provision will get an average cept all children and build programs to We must provide greater resources to tax benefit of $7—$7! That means that a meet their needs. Private schools only repay or modernize the Nation’s school working family has to find $2,000 in accept children who fit the guidelines buildings in order to meet the urgent extra resources in order to get back $7. of their existing policy. We should not needs of schools for up-to-date facili- This education bill does nothing for use public tax dollars to support ties. education. It simply provides a tax schools that select some children and I oppose the Coverdell bill because it shelter for the rich. reject others. This bill is bad tax pol- does nothing to improve the public The majority of families will get al- icy, bad education policy. It does not schools. Instead, it uses regressive tax most no tax break from this legisla- improve public education for the 90 policy to subsidize vouchers for private tion. 70 percent of the benefit goes to percent of the children who go to pub- schools. It does not give any real finan- families in the top 20 percent of the in- lic schools. Therefore, it is not an ap- cial help to low-income working and come bracket. Families earning less propriate allocation of tax dollars. middle-class families, and it does not than $50,000 a year will get a tax cut of This bill is simply private school help children in the Nation’s class- $2.50 from this legislation—$2.50! You vouchers under another name. It is rooms. What it does is provide an un- can’t even buy a good box of crayons wrong for Congress to subsidize private justified tax giveaway to the wealthy for that amount. Families in the low- schools. Our goal is to improve public and to private schools. est income brackets—those making schools, not abandon them. Public education is one of the great less than $17,000 a year—will get a tax I yield the floor, and I suggest the ab- success stories of American democracy. cut of all of $1—$1! But, a family earn- sence of a quorum. It makes no sense for Congress to un- ing over $93,000 will get $97. The PRESIDING OFFICER (Mr. dermine it. This bill turns its back on Even families who can save enough HUTCHINSON). The clerk will call the the Nation’s longstanding support of to be able to participate in this IRA roll. public schools and earmarks tax dol- scheme will receive little benefit. IRAs The bill clerk proceeded to call the lars for private schools. It is an unwar- work best when the investment is long- roll. ranted step in the wrong direction for term. But in this scheme, money will Mr. KEMPTHORNE. Mr. President, I education, for public schools, and for be taken out each year of a child’s edu- ask unanimous consent that the order the Nation’s children. Senator COVER- cation. Only the wealthiest families for the quorum call be rescinded. DELL’s proposal would spend $1.6 billion will be able to take advantage of this The PRESIDING OFFICER. Without over the next 10 years on subsidies to tax-free savings account. objection, it is so ordered. help wealthy people pay the private Proponents of this bill argue that as- Mr. KEMPTHORNE. Mr. President, I school expenses they already pay and sistance is available for families to thank the Chair. do nothing to help children in public send their children to any school, pub- (The remarks of Mr. KEMPTHORNE schools get a better education. lic or private. But that argument is pertaining to the submission of S. Con. S2106 CONGRESSIONAL RECORD — SENATE March 17, 1998

Res. 84 are located in today’s RECORD The PRESIDING OFFICER. Without tension of security guarantees is a very under ‘‘Submission of Concurrent and objection, it is so ordered. serious undertaking, and should be Senate Resolutions.’’) f made only when it is in the national Mr. KEMPTHORNE. I suggest the ab- security interests of the United States. sence of a quorum. EXECUTIVE SESSION Mr. President, the membership of Po- The PRESIDING OFFICER. The land, Hungary, and the Czech Republic clerk will call the roll. PROTOCOLS TO THE NORTH AT- in the NATO alliance does serve the na- The bill clerk proceeded to call the LANTIC TREATY OF 1949 ON AC- tional security interests of the United roll. CESSION OF POLAND, HUNGARY, States. I want to say why. Mr. HELMS. Mr. President, I ask The Foreign Relations Committee, of AND THE CZECH REPUBLIC unanimous consent that the order for which I am chairman, and honored to the quorum call be rescinded. The PRESIDING OFFICER. Under be so, has given its utmost attention to The PRESIDING OFFICER. Without the previous order, the clerk will re- this question. The Committee’s exam- objection, it is so ordered. port Executive Calendar No. 16. ination of NATO expansion has taken f The legislative clerk read as follows: place over the course of four years, and Treaty Document 105–36. Protocols to the has included a dozen hearings and near- VISIT TO THE SENATE BY KING North Atlantic Treaty of 1949 on Accession ly fifty witnesses representing the full HUSSEIN OF JORDAN of Poland, Hungary, and the Czech Republic. spectrum of views on this issue. We Mr. HELMS. Mr. President, it is my Mr. HELMS addressed the Chair. have published a hearing record alone honor at this moment to present a dis- The PRESIDING OFFICER. The Sen- that is 552 pages long. tinguished guest to the U.S. Senate. ator from North Carolina is recognized. I extend my thanks to the many For- His Majesty, the King of Jordan, King Mr. HELMS. Mr. President, half of eign Relations Committee members Hussein. I will suggest that we have a the 20th century ago, Poland, Hungary, who have taken this task so seriously, brief quorum call so that Senators can and the Czech Republic were consigned including Senator BIDEN, LUGAR, GOR- be notified to get here. to communist domination because of DON SMITH, and, of course, the distin- I suggest the absence of a quorum. expedient and short-sighted policies of guished Senator from Nebraska, Mr. The PRESIDING OFFICER. The the West. Less than a decade ago, com- HAGEL. I also commend Senator BILL clerk will call the roll. munism was overthrown and the desire ROTH for his leadership in the 28-mem- The legislative clerk proceeded to for freedom in Eastern Europe pre- ber Senate NATO Observer Group. In call the roll. vailed over totalitarian government. Fact, through the combined efforts of Mr. LOTT. Mr. President, I ask unan- Dictatorships fell to democracy like the Foreign Relations Committee and imous consent that the order for the falling leaves in Autumn. the NATO Observer Group, 41 Senators quorum call be rescinded. The new democracies in Eastern Eu- have had the opportunity to engage The PRESIDING OFFICER. Without rope, already nearing the state of per- closely in the review of NATO enlarge- objection, it is so ordered. manent fixtures, have existed for less ment over the course of the past year. f time than they did between World War The Resolution of Ratification was carefully written to address major UNANIMOUS CONSENT I and World War II. Then, like now, areas of concern and to clarify issues AGREEMENT their ultimate survival was taken for granted. that arose during the Committee’s con- Mr. LOTT. Mr. President, as in exec- Yet, even now, in the late twentieth sideration. It is the product of a robust utive session, I ask unanimous consent century, European nations are again debate with the Administration—a de- that at 4 p.m. today the Senate proceed torn asunder by ethnic hatreds and re- bate that from the very start was pre- to executive session to begin consider- ligious division. Reconstruction of the mised upon my desire to be supportive ation of the NATO treaty, for opening empires of the past century—a century of NATO expansion, but always guided statements only, and the time between as bloody as any known to man—still by the necessity to achieve that goal in 4 p.m. and 7 p.m. be equally divided be- plays prominently in the minds of a manner that fully secures the inter- tween Senators HELMS or BIDEN or some nationalists and despots. Today, ests of the United States. their designees. as in 1949, the defense of democracy I insisted upon that, and I insist upon I further ask that at 11:30 a.m. on that to this day. And we have done Wednesday the Senate proceed to H.R. will keep the United States out of Eu- ropean wars. that with the resolution which is now 2646 and that Senator ROTH be imme- History may judge the collapse of the pending business. diately recognized to offer an amend- That resolution, Mr. President, by communism in Europe to be largely a ment. the way, was approved by the Foreign result of NATO’s success in containing The PRESIDING OFFICER. Without Relations Committee 16 to 2, and it in- the massive, external threat posed by objection, it is so ordered. cludes seven declarations and four con- the Soviet Union. But the end of the f ditions. In general, let me run down Cold War does not mean the end of ORDER OF PROCEDURE the list. threats to freedom and liberty. In general, the resolution reiterates Mr. LOTT. Mr. President, we are en- In the famous words of Thomas Jef- the vital national security interest of couraging all Senators to return to the ferson: ‘‘The price of liberty is eternal NATO membership for the United floor at 5 p.m. this afternoon for the in- vigilance’’. We must remain vigilant States; troduction of a resolution. We do have against the reemergence of old threats It lays out the strategic rationale for a briefing at this time in S–407 with from the century past, even as we pre- the inclusion of Poland, Hungary, and Mr. Butler, who is the head of the pare for the new threats of the century the Czech Republic in NATO; UNSCOM group. As soon as that is to come. In the judgment of this Sen- It calls for continued U.S. leadership completed at 5, we have a resolution ator, an expanded NATO will do both. of NATO without interference from that we think all Senators would be in- Thus, we consider today one of the other institutions such as the United terested in supporting and commenting more important foreign policy matters Nations; on. We will introduce that resolution to come before the Senate in some It supports full and equal member- at that time. time; the protocols to the North Atlan- ship in NATO for the three new mem- Mr. President, I suggest the absence tic Treaty of 1949 on the Accession of bers; of a quorum. Poland, Hungary and the Czech Repub- It encourages the development of a The PRESIDING OFFICER. The lic into NATO. In approving this reso- constructive relationship between clerk will call the roll. lution the Senate has the opportunity NATO and the Russian Federation if The legislative clerk proceeded to to remedy this historical injustice of the Russian Federation remains com- call the roll. Yalta, to secure democracy in Central mitted to democratic reforms; Mr. HELMS. Mr. President, I ask Europe, and to advance the national se- It emphasizes that Europeans also unanimous consent that the order for curity interests of the United States of must work to advance political and the quorum call be rescinded. America. I confess that because the ex- economic stability in Europe; March 17, 1998 CONGRESSIONAL RECORD — SENATE S2107 It emphasizes that while NATO is the democratic West—a union that was Mr. SMITH of New Hampshire. Mr. open to new members, the United severed by first Hitler, then Stalin. All President, the Senate now is about to States has not invited any new mem- Americans should welcome these na- engage in a great debate, a debate that bers at this time; tions as they finally become equal is very important to our country and, It declares the Senate’s understand- partners in the community of demo- indeed, to the world. I had hoped that ing that NATO’s central purpose re- cratic nations, thereby ensuring that we could have postponed this debate mains the defense of its members and their new democracies shall never somewhat, for a number of reasons. requires full consultation by the Exec- again fall victim to tyranny. NATO itself is planning to put out a re- utive Branch on any proposals to revise Mr. President, I believe this resolu- port on the requirements, costs and this mission; tion will be approved with an over- feasibility of enlargement sometime in It requires the President to certify whelmingly positive vote, an unmis- May. Originally this debate was sched- the Senate’s understandings on the takable vote of confidence for the de- uled to come up in May, and now it has cost, benefits, and military implica- mocracies of Eastern Europe who, hav- been moved up to mid-March. It is no tions of NATO enlargement and re- ing been given a second chance at free- secret that I am an opponent of en- quires annual reports, for five years, on dom this century, understand the price largement, for reasons that I will go several key elements of Alliance they must pay to preserve it. into somewhat today and, of course, burdensharing; Mr. President, I yield the floor. I sug- later on as the debate continues. But I It clearly defines the limits on the gest the absence of a quorum. also feel very strongly—as some of my NATO-Russia relationship; and The PRESIDING OFFICER. The colleagues did who signed a letter to It reiterates the constitutionally- clerk will call the roll. the leader, on both sides of the aisle— based principles of treaty interpreta- The legislative clerk proceeded to that we need more time to debate this, tion and appropriate role of the Senate call the roll. to understand fully what we are doing. in the consideration of treaties. Mr. HELMS. Mr. President, I ask I think that, when you first look at NATO expansion has been endorsed unanimous consent that the order for this issue, you might come to the con- by a number of respected foreign policy the quorum call be rescinded. clusion that after being subjected to leaders—past and present—e.g., former The PRESIDING OFFICER. Without the tyranny of communism for 45 President George Bush, Jeanne Kirk- objection, it is so ordered. years, somehow these nations have patrick, Casper Weinberger, Dick Che- PRIVILEGE OF THE FLOOR earned a place in the NATO alliance. I ney, Henry Kissinger, Zbigniew Mr. HELMS. Mr. President, I must think the nations certainly have Brzezinski and Richard Perle. It has leave the floor to take an important earned their freedom, without ques- the strong backing of foreign leaders of telephone call. Before I go, I see the tion. They paid a heavy price for it. known moral courage and principle, in- distinguished Senator from New Hamp- But so did the United States of Amer- cluding Margaret Thatcher, Lech shire, whom I respect highly, and I ica. We spent about $6 trillion in the Walesa, and Vaclav Havel. We have re- hope he will have a few words to say Cold War to defeat Soviet communism. ceived messages of endorsement from about this. From the time I first came to the every living Secretary of State, numer- But I ask unanimous consent that Congress, in 1985, I have been a strong ous former secretaries of defense and the staff members of the Senate For- supporter of our military and a strong national security advisors, and over eign Relations Committee be granted supporter of the NATO alliance— sixty flag and general officers includ- floor privileges for the duration of the which, by the way, is a military alli- ing five distinguished former Chairmen debate on this enlargement, and I ask ance, which sometimes I think people of the Joint Chiefs of Staff. unanimous consent that a list of the forget. It was a military alliance cre- More important, we have heard from names of the staff members be printed ated to thwart the attempt of the So- the American people. Organizations in the RECORD. viet Union to attack Western Europe representing literally tens of millions There being no objection, the mate- and conquer it with its massive armies. of average Americans including the di- rial was ordered to be printed in the But today there is no massive Soviet verse ethnic community, religious RECORD, as follows: Army. There is no Soviet Union. Is groups, civic organizations, veterans STAFF MEMBERS—FOREIGN RELATIONS Russia unstable? Of course it is. But it organizations, and business groups sup- COMMITTEE is not the Soviet Union and it is not port this measure. Andrew Anderson, Christa Bailey, Steve the same threat that NATO was de- In 1949, when the Alliance was found- Biegun, Marshall Billingslea, Beth Bonargo, signed to contain. As we begin this de- ed, the decision entailed some risks. Ellen Bork, Sherry Grandjean, Garrett bate, so many of our colleagues on the The same is true today. But we who Grigsby, Patti McNerney, Kirsten Madison, other side have said expanding NATO is support an expanded NATO are con- Roger Noriega, Bud Nance, Susan Oursler, a great idea, and that we need to move vinced that the collective defense of Dany Pletka, Marc Thiessen, Chris Walker, forward as quickly as possible. I have democratic nations in Europe and Natasha Watson, Michael Westphal, Michael been around a few years on this Earth, Wilner, Beth Wilson, Alex Rodriguez, Lauren North America serves the interests of Shedd, Gina Abercrombie-Winstanley, Mar- and I have generally found that if our nation. tha Davis, Ed Hall, Mike Haltzel, Frank something is a good idea today, it will A half century ago we found our al- Jannuzi, Ed Levine, Erin Logan, Brian probably be a good idea tomorrow. If it lies in this cause among the ashes and McKeon, Ursula McManus, Janice O’Connell, is a good idea tomorrow, it will prob- ruin of World War II. Today, with the Diana Ohlbaum, Dawn Ratiff, Munro Rich- ably be a good idea next month or per- collapse of communism, we have found ardson, Nancy Stetson, Puneet Talwar, haps even a year from now. three new allies in the continued de- Mr. HELMS. I thank the Chair. I sug- So I wonder what the hurry is. I won- fense of democracy. gest the absence of a quorum. der why panic has set in among so If Europe is indeed on the threshold The PRESIDING OFFICER. The many proponents of enlargement. It of an era of peace, as some suggest, clerk will call the roll. seems to me that, if it is a good idea, then the inclusion of Poland, Hungary The legislative clerk proceeded to then a healthy debate ought not to ring and the Czech Republic in NATO will call the roll. the curtain down on it. But there ap- hardly merit a footnote in history. In Mr. SMITH of New Hampshire. Mr. pears to be some fear, I guess, that add- fact, NATO will gradually fade from President, I ask unanimous consent ing more time to the debate might the scene as it relevance diminishes. that the order for the quorum call be change the outcome. I hope it does. I But if the threat to liberty proves more rescinded. hope we have enough time to change resilient, how grateful we will be for The PRESIDING OFFICER. Without the outcome, because I sincerely be- these three allies. objection, it is so ordered. lieve, after a lot of review on this issue, With the expansion of the NATO alli- Mr. SMITH of New Hampshire. Mr. that we are making a serious mistake. ance, we have the opportunity to right President, I assume the pending busi- Let me offer some of the reasons for an historical injustice. By accepting ness is the NATO enlargement? opposing NATO enlargement. Given the Poland, Hungary and the Czech Repub- The PRESIDING OFFICER. The Sen- administration’s support and that of a lic into NATO, we reconnect them to ator is correct. lot of very prominent people of both S2108 CONGRESSIONAL RECORD — SENATE March 17, 1998 political parties—there has been a very NATO, I do not think we owe anything I think we could be engaging the impressive outside lobbying effort by a to anybody. I have weighed all the al- Russians to promote a world in the 21st lot of people—the political pressure has leged benefits, I have looked at the po- century that has no dividing line be- been very strong for moving this for- tential risks, and I have come to a tween Western and Eastern Europe or ward. Again, the date has been moved number of conclusions which I would dividing line between all of Europe and forward, from May to March. But I be- like to cite here. Russia. In the 21st century, I want this lieve the Senate should take its advice First, if Europe or North America to be a world of peace. The 20th cen- and consent role with treaties very, were truly threatened by Russia, the tury was a world of war. I want to try very seriously. This is a matter for ad- question of financial cost would be as to build something in the 21st century vice and consent, and I have a hard irrelevant now as it was during the by looking ahead instead of thinking in time understanding how one can ade- Cold War. Would we have gotten into a the past. How do we do that? We en- quately advise and adequately consent debate about how much it was going to gage the Russians on these issues, in- if we are being told that the resolution cost if the Soviet Union had attacked stead of antagonizing them or insulting of ratification has to be voted on now, North America? or attacked Europe? I them; we engage them. I think then, with minimum debate. don’t think so. But for the foreseeable when the 21st century comes, we will The distinguished chairman of the future—and I emphasize ‘‘foreseeable see a Europe that is united with all na- Foreign Relations Committee is now future’’—Russia does not pose a con- tions in the European Union—united, on the floor. I know he had an exten- ventional threat to any country in Eu- friendly, cooperative in their econo- sive period of debate on this issue in rope. mies, for the most part; perhaps even What is the conventional threat from his committee. Unfortunately, I am in their monetary system; and cer- Russia? They do not have a capable not a member of that committee. tainly acting as democratic nations army. They have removed most of the Sometimes I wish I were, because I ad- with a common military bond. conventional weapons, the tanks, and But in addition, I hope to see a Rus- mire the chairman greatly, but I am other items of warfare that would be sia that is a buffer between Islamic not. However, I am a member of the associated with a standing army. I am fundamentalism and China, a buffer be- Armed Services Committee, and we are unaware of any credible analysis of tween Europe and those two entities, having a hearing this Thursday on their military that disagrees with that NATO enlargement. I would like to be conclusion. So, cost is an issue today Islamic fundamentalism and China, able to digest the information that we because, unlike during the Cold War, two very, very dangerous philosophies will receive there. Unfortunately, that we are not sure what we are buying. looming out there. One, China, has nu- hearing will now fall right in the mid- Second, I cannot imagine a worse clear, biological, and chemical weapons dle of the debate, so it will be difficult long-term strategy for European secu- of mass destruction and the means to to reflect on the hearing with the de- rity than jeopardizing United States- deliver them. Fundamentalist Islamic bate already underway. Russian relations. We have fought now countries are getting these weapons. As doubts have begun to appear, it for 50 years, first to defeat communism We want a Russia that is going to be a has been somewhat disconcerting to and to rid the world of the Soviet buffer against these threats. We want a see the proponents of NATO enlarge- Union, and now to bring Russia and the Russia that is a part of the West. For ment, the expansionists, so afraid that Independent States back into the fam- 50 years we have dreamed of the day the Senate might carefully deliberate ily of democratic nations. Russia is not that we could make this happen. on this issue. As I said, if it is a good there yet. We know that. Russia has I am not some George McGovern lib- idea today, it ought to be a good idea many problems. But their once-mighty eral talking here. I am one who has a month from now or perhaps even a military is gone, for all intents and been fighting the Soviet Union for 50 year from now. I might also add, only purposes. years, as many others have in both po- two countries in NATO have voted to Regardless of what experts and even litical parties. But we need to look broaden the alliance and bring in new United States Senators may say, Rus- ahead, think a little bit into the future members. sia opposes NATO expansion. Of course, about what we are doing. We are begin- Some have suggested that those of us that does not mean that we should. ning to carve up Europe again, picking who are opposed to expansion are not Russia does not dictate our foreign pol- Hungary, the Czech Republic, and Po- committed to European security. If icy. In fact, as chairman of the Sub- land and putting them on the right side there is any Senator in the U.S. Senate committee on Strategic Forces in the of the line. But what is the threat to who has a stronger record of support of U.S. Armed Services Committee, I rou- Hungary, the Czech Republic, and Po- the NATO alliance, or has a stronger tinely confront Russia on matters of land today from Russia? I have not anti-Communist record than I, I would arms control, proliferation, and na- heard anybody tell me what it is. like to know who that Senator is. Per- tional missile defense. These are im- If Russia decides to build its defenses haps, Mr. President, they are really portant things to confront them about. back up—and it very well may hap- anxious for us to vote because they But extending an alliance that she con- pen—if they decide to turn to com- fear the case for enlargement might siders hostile to the countries that she munism again, or some other brute- not bear the scrutiny that we are about cannot threaten is basically kicking force-type government, if that even be- to give it. the Russians for no reason. History gins to happen, we can take the nec- I have no plausible ulterior motive tells us that this is unwise. essary steps, including the expansion of for opposing enlargement, and I am as You see, I think some are still in the NATO. But why do it before we have anti-Communist and tough on the Rus- Cold War looking at a 21st-century to? Why pass up the greatest oppor- sians as anybody alive. But this is not issue. I want to be talking to the Rus- tunity we have had in 75 years to bring about communism anymore, although sians about national missile defense, the Russian people into the West? We it appears some still think it is. about weapons proliferation, about have that opportunity. It would be a Since coming to Congress in 1985, I arms control, about the ABM Treaty, crime to pass it up. Declining to ex- have enthusiastically supported spend- and about how we can hopefully work pand NATO now does not in any way ing billions of dollars for the defense of together for the sake of keeping the prevent us from doing so in the future. Europe. As a matter of fact, the United peace in the world. This is far more im- There is absolutely no reason why we States spent roughly $6 trillion on de- portant than picking 3 nations as win- cannot do this in the future —no rea- fense during the Cold War, much of it ners—Hungary, the Czech Republic, son. If somebody can come on the floor directly for the defense of Europe. A and Poland—and ignoring 14 or 15 oth- and explain to me why we cannot do lot of American lives were lost in wars ers who could also make a compelling this a year from now, or 2 years from against communists, and millions of case to come in. And we have now said: now, if the danger so exists, I would Americans served in uniform at great ‘‘You, you, and you, can come in.’’ And like to hear that argument. sacrifice to their own families to con- to take this token step, we are putting It doesn’t prevent us from doing it. tribute to the security of Europe. So, at risk progress with Russia on arms Adding three insiders—Poland, the with the greatest respect for those control, proliferation, missile defense Czech Republic, and Hungary—creates countries that now seek membership in and the ABM Treaty. a whole category of outsiders who say, March 17, 1998 CONGRESSIONAL RECORD — SENATE S2109 ‘‘Well, why not us? We were dominated The PRESIDING OFFICER. The Whereas, JOHN MCCAIN sat in prison in by the Soviet Union. Why are you pick- clerk will call the roll. Hanoi for over 5 years, risking life from dis- ing them over us?’’ The bill clerk proceeded to call the ease and medical complications resulting So you are going to subject NATO al- roll. from his injuries, steadfastly refusing to co- operate with his enemy captors because his most annually to the perpetual anguish Mr. LOTT. Mr. President, I ask unan- sense of honor and duty would not permit of, ‘‘Am I next?’’ Latvia, Estonia, Ro- imous consent that the order for the him to even consider an early release on spe- mania, on and on down the line. ‘‘When quorum call be rescinded. cial advantage; is it my turn to come into NATO?’’ And The PRESIDING OFFICER. Without Whereas, knowing his refusal to leave meanwhile, while focusing on a cold objection, it is so ordered. early may well result [or might have re- war alliance, we continue to ignore f sulted] in his own death from his injuries, what we want to do, which is to bring JOHN MCCAIN told another prisoner, ‘‘I don’t Russia into the Western World. RECOGNIZING THE COURAGE AND think that’s the right thing to do. . ..They’ll SACRIFICE OF SENATOR JOHN have to drag me out of here.’’ With the end of the cold war, NATO Whereas, following the Peace Accords [in MCCAIN AND MEMBERS OF THE now faces serious internal issues about Paris] in January 1973, 591 United States its means and ends which should be ARMED FORCES HELD AS PRIS- prisoners of war were released from captivity aired and resolved before new countries ONERS OF WAR DURING THE by North Vietnam. . .; are added. Enlargement is a token and, VIETNAM CONFLICT Whereas, Senator JOHN MCCAIN of Arizona frankly, an unimaginative distraction Mr. LOTT. Mr. President, as in legis- has continued to honor the Nation with de- voted service; and from these real problems. We saw this lative session, I ask unanimous consent Whereas, the Nation owes a debt of grati- in the debate in the Persian Gulf crisis that the Senate immediately proceed tude to JOHN MCCAIN and all of these patri- last month. Many NATO countries to the consideration of a resolution ots for their courage and exemplary service: weren’t with us. which I now send to the desk. Now, therefore, be it Mr. President, I hope that we will The PRESIDING OFFICER. The Resolved, That the Senate— (1) expresses its gratitude for, and calls think very carefully about this. It is a clerk will report. hardnosed decision about extending a upon all Americans to reflect upon and show The legislative clerk read as follows: their gratitude for, the courage and sacrifice military guarantee to a precise piece of A resolution (S. Res. 196) recognizing and of JOHN MCCAIN and the brave men who were territory under a specific set of strate- calling on all Americans to recognize the held as prisoners of war during the Vietnam gic circumstances; it should not be a courage and sacrifice of Senator John conflict, particularly on the occasion of the sentimental decision about a moral McCain and the members of the Armed 25th anniversary of Operation Homecoming, commitment to Europe. We already Forces held as prisoners of war during the and the return to the United States of Sen- have that. Vietnam conflict and stating that the Amer- ator JOHN MCCAIN. What do we really want to accom- ican people will not forget that more than Mr. President, in our daily duties, we plish? Do we really want to accomplish 2,000 members of the Armed Forces remain quite often pass by men and women another line drawn through Europe unaccounted for from the Vietnam conflict who have made a tremendous sacrifice and will continue to press for the fullest pos- this year, perhaps extending that line sible accounting for all such members whose in their lives or maybe have just done through another part of Europe next whereabouts are unknown. small things for individuals along the year and another line bringing in an- way. We begin to take them for grant- The PRESIDING OFFICER. Is there other nation the following year and ed. We begin to forget to say, ‘‘Thank objection to the immediate consider- continue this cold-war-era attitude? Or you for what you have done for me or ation of the resolution? do we want to build a world where the for your fellow man or woman or for There being no objection, the Senate United States and a strong Europe and your country.’’ proceeded to consider the resolution. Today at our policy luncheon, one of a strong, democratic Russia can be a Mr. LOTT. Mr. President, I ask unan- buffer, a source of power to confront Is- our members stood up and reminded us imous consent that there now be 20 that it was 25 years ago today that lamic fundamentalism and perhaps— minutes for debate on the resolution John MCCAIN came home. There was a perhaps—Communist China? I think we equally divided in the usual form and are being shortsighted, and I am going spontaneous applause and standing that, at the expiration of that time, ovation, and it extended for a long pe- to get into more detail as to why later the resolution be agreed to and the pre- in the debate. Mr. President, I yield the riod of time and extended a real amble be agreed to. warmth. floor. The PRESIDING OFFICER. Without Mr. ROTH addressed the Chair. While in the Senate sometimes we The PRESIDING OFFICER (Mr. objection, it is so ordered. get after each other in debate and we Mr. LOTT. Mr. President, I would DEWINE). The Senator from Delaware. don’t approve of this or that, I really Mr. ROTH. Mr. President, I suggest like to read just some portions of this felt extremely emotional when I the absence of a quorum. resolution and then comment briefly thought about the sacrifice that this The PRESIDING OFFICER. The on why we are doing it today: man had made for his country and for clerk will call the roll Whereas, JOHN MCCAIN’s A–4E Skyhawk his fellow men and women in the mili- The legislative clerk proceeded to was shot down over Hanoi, North Vietnam, tary and for his fellow prisoners of war. call the roll. on October 26, 1967, and he remained in cap- I realized that we had not said thank Mr. ROTH. Mr. President, I ask unan- tivity until March 14, 1973; you to him, and that when we say imous consent that the order for the Whereas, JOHN MCCAIN’s aircraft was shorn of its right wing by a Surface to Air Missile thank you on behalf of a grateful coun- quorum call be rescinded. and he plunged toward the ground at about try to John MCCAIN, we are saying The PRESIDING OFFICER. Without 400 knots prior to ejecting; thank you also to all the men and objection, it is so ordered. Whereas, upon ejection, JOHN MCCAIN’s women who served our country in uni- PRIVILEGE OF THE FLOOR right knee and both arms were broken; form, who have been prisoners of war Mr. ROTH. Mr. President, I ask unan- Whereas, JOHN MCCAIN was surrounded by and, yes, those who are still missing in imous consent that Kurt Volker, a leg- an angry mob who kicked him and spit on action to this very day. islative fellow in Senator MCCAIN’s of- him, stabbed him with bayonets and smashed So, I think it is appropriate that we fice; Bob Nickle and Ian Brzezinski of his shoulder with a rifle. . .; Whereas, historians of the Vietnam war in the Senate today adopt this resolu- my office; and Stan Sloan, who is a have recorded that ‘‘no American reached tion in recognition of the 25th anniver- member of the CRS, be granted the the prison camp of Hoa Lo in worse condi- sary of JOHN MCCAIN, but also as an ex- privilege of the floor throughout the tion than JOHN MCCAIN.’’ tended expression of our appreciation entire debate and any vote on the pro- Whereas, his North Vietnamese captors for all of those who served our country tocols to the North Atlantic Treaty on recognized JOHN MCCAIN came from a distin- in such a magnanimous way. I yield Hungary, Poland and the Czech Repub- guished military family— the floor. lic. I might add, a family from my great Mr. DASCHLE addressed the Chair. The PRESIDING OFFICER. Without State of Mississippi— The PRESIDING OFFICER. The mi- objection, it is so ordered. and caused him to suffer special beatings, nority leader. Mr. ROTH. I suggest the absence of a special interrogations, and the cruel offer of Mr. DASCHLE. Mr. President, I join quorum. a possible early release; with the majority leader and with all S2110 CONGRESSIONAL RECORD — SENATE March 17, 1998 of my colleagues in reflecting upon I was very moved today at the lunch- Whereas John McCain’s A–4E Skyhawk this moment and in joining with him in eon when my colleagues applauded so was shot down over Hanoi, North Vietnam on offering our gratitude and our con- warmly the commemoration of this October 26, 1967 and he remained in captivity date. I am also very deeply moved by until March 14, 1973. gratulations to this American hero. Whereas John McCain’s aircraft was shorn It may have been 25 years, and with this resolution. I accept with some hu- of it’s right wing by a Surface to Air Missile years memories fade, but no one should mility the accolades and kind words and he plunged toward the ground at about ever forget the commitment made by that have been said about me and also 400 knots prior to ejecting; JOHN MCCAIN and people like him on that are in this resolution. Whereas upon ejection, John McCain’s behalf of their country. They and their I know that all of my colleagues rec- right knee and both arms were broken; families can never forget the pain, the ognize that I accept these words not on Whereas John McCain was surrounded by sacrifice, the commitment. my own behalf but on behalf of two an angry mob who kicked him and spit on groups of people—one is those that I him, stabbed him with bayonets and smashed Someone once said that democracy is his shoulder with a rifle. something one either has to fight for or had the privilege of serving with in Whereas United States prisoners of war in work at. JOHN MCCAIN has done both— Vietnam, many of whom suffered far Southeast Asia were held in a number of fa- fighting for democracy, as none of us more than I did and displayed much cilities, the most notorious of which was Hoa could ever appreciate, and working at higher degrees of courage. They are the Lo Prison in downtown Hanoi, dubbed the democracy as he does with us each and ones I knew best and loved most and ‘Hanoi Hilton’ by the prisoners held there; every day. whose companionship I will treasure Whereas historians of the Vietnam war There are thousands and thousands of for as long as I live. But I also accept have recorded that ‘‘no American reached these very kind words on behalf of the the prison camp of Hoa Lo in worse condi- people who have made a similar com- tion than John McCain.’’ mitment, and were they here, I know real heroes of that very unhappy and Whereas his North Vietnamese captors rec- that we would articulate in much the tragic chapter in American history, ognized that John McCain came from a dis- same sincere fashion our expression of and those are the heroes whose names tinguished military family and caused him gratitude to them. appear on the wall at the memorial not to suffer special beatings, special interroga- So, in some ways, JOHN MCCAIN not very far from this building. They were tions, and the cruel offer of a possible early only represents his own experience, but called and they served with honor. The release; that of all those he served with so val- honor was in their service in what was Whereas John McCain sat in prison in a very unpopular enterprise and one for Hanoi for over 5 years, risking death from iantly during the Vietnam war. disease and medical complications resulting I join with my colleague TRENT LOTT, which the American people took a long from his injuries, steadfastly refusing to co- the majority leader, in recognizing time before we adequately thanked operate with his enemy captors because his that there are things that never go them for their service. They were brave sense of honor and duty would not permit away: the importance of commitment, young people, most of them 18 or 19 him to even consider an early release based the recognition of the need for sac- years of age, who felt that answering on special advantage; rifice, the continued need to work at the country’s call was the most honor- Whereas knowing his refusal to leave early and fight for democracy in this and in able of all professions. So on their be- may well result in his own death from his in- juries John McCain told another prisoner ‘‘I other countries. half and that of their families who still don’t think that’s the right thing to do— A resolution of this nature is cer- mourn their loss, I accept for them They’ll have to drag me out of here’’ tainly fitting, and on behalf of all of with humility and with pride, because Whereas, following the Paris Peace Ac- our colleagues, I hope we can say with as we all know it is very easy to em- cords of January 1973, 591 United States pris- unanimity, ‘‘Thank you, thank you, bark on a popular enterprise; it is oners of war were released from captivity by JOHN MCCAIN.’’ much more difficult to serve in one North Vietnam; Mr. FEINGOLD. Mr. President, I am which is fraught with controversy. And Whereas the return of these prisoners of proud to take this opportunity to sometimes the young people who did war to United States Control and to their families and comrades was designated Oper- honor my good friend and colleague return were not given the appreciation ation Homecoming; from Arizona, Senator JOHN MCCAIN in nor the accolades that they deserved Whereas many members of the United the twenty-fifth anniversary of the for their service. States Armed Forces who were taken pris- homecoming of our American prisoners So on behalf of those who cannot oner as a result of ground or aerial combat of war from Vietnam. speak here today, whose names appear in Southeast Asia have not returned to their What a career our friend JOHN on the wall, I say thank you, and we loved ones and their whereabouts remain un- MCCAIN has had: A graduate of the will renew our dedication to see that known; never again do we send our young peo- Whereas United States prisoners of war in Naval Academy, twenty-two years as a Southeast Asia were routinely subjected to naval aviator, a prisoner of war for five ple to fight and die in conflict unless brutal mistreatment, including beatings, years, a recipient of numerous awards the goal is victory and we are prepared torture, starvation, and denial of medical at- including the Purple Heart and Silver to devote all the resources at our dis- tention; Star and a member of this body since posal to winning that victory as quick- Whereas the hundreds of United States 1986. I am honored to have worked so ly as possible. Although that didn’t prisoners of war held in the Hanoi Hilton and closely with him in the past and look happen in that case, we cherish their other facilities persevered under terrible forward to joining forces with him memory, and for as long as Americans conditions; Whereas the prisoners were frequently iso- again in the future. JOHN, I join with celebrate the service and sacrifice of lated from each other and prohibited from others in the Senate in celebrating the young men, we will honor their mem- speaking to each other; anniversary of your coming home and ory. I thank you. Whereas the prisoners nevertheless, at the coming home of those who served The PRESIDING OFFICER. Under great personal risk, devised a means to com- with you. the previous order, Senate Resolution municate with each other through a code Mr. MCCAIN addressed the Chair. 196 is agreed to and the preamble is transmitted by tapping on cell walls; The PRESIDING OFFICER. The Sen- agreed to. Whereas then-Commander James B. ator from Arizona. The resolution (S. Res. 196) was Stockdale, United States Navy, who upon agreed to. the capture on September 9, 1965, became the Mr. MCCAIN. Mr. President, as my senior POW officer present in the Hanoi Hil- colleagues well know, I am not often at The preamble was agreed to. The resolution, with its preamble, ton, delivered to his men a message that was a loss for words. I certainly am at this to sustain them during their ordeal, as fol- time. reads as follows: lows: Remember, you are Americans. With I would like to, first of all, express S. RES. 196 faith in God, trust in one another, and devo- my appreciation to Senator LOTT and Whereas participation by the United tion to your country, you will overcome. Senator DASCHLE, two honorable adver- States Armed Forces in combat operations You will triumph; saries who continue to struggle on the in Southeast Asia during the period from Whereas the men held as prisoners of war 1964 through 1972 resulted in several hun- during the Vietnam conflict truly represent ideological playing field, but do so in dreds of members of the United States all that is best about America; the most honorable and dignified fash- Armed Forces being taken prisoner by North Whereas Senator John McCain of Arizona ion that reflects credit on the U.S. Sen- Vietnamese, Pathet Lao, and Viet Cong has continued to honor the Nation with de- ate and on them. enemy forces; voted service; and March 17, 1998 CONGRESSIONAL RECORD — SENATE S2111 Whereas the Nation owes a debt of grati- America’s role in Europe and the abil- small powers, a few imperialistic great tude to John McCain and all of these patri- ity of the transatlantic community to powers, and too many conflicting na- ots for their courage and exemplary service: respond to challenges of the future— tionalist policies, each creating fric- Now, therefore, be it both of which hinge on whether the tion with the other. Twice in this cen- Resolved, That the Senate— tury, these dynamics pulled America (1) expresses its gratitude for, and calls United States wishes to remain a Euro- upon all Americans to reflect upon and show pean power and whether we desire a into wars on the European continent. their gratitude for, the courage and sacrifice unified, democratic, and larger Europe They contributed directly to a pro- of John McCain and the brave men who were to remain linked to America. longed Cold War. And the potential for held as prisoners of war during the Vietnam The case I would like to make today them to create conflict in the future is conflict, particularly on the occasion of the is that NATO enlargement is consist- all too real unless we seize opportuni- 25th anniversary of Operation Homecoming, ent with the moral and strategic im- ties like the one before us. As Vaclav and the return to the United States of Sen- peratives of the Euro-Atlantic relation- Havel put it, ‘‘If the West does not sta- ator John McCain, bilize the East, the East will desta- (2) acting on behalf of all Americans— ship. It is central to the vitality of the trans-atlantic community, to the fu- bilize the West.’’ Every time America (A) will not forget that more than 2,000 has withdrawn its influence from Eu- members of the United States Armed Forces ture of a stable and peaceful Europe remain unaccounted for from the Vietnam and, thus, to the ability of America rope, trouble has followed. This we can- conflict; and and Europe to work together effec- not afford. (B) will continue to press for the fullest tively in promoting common interests Mr. President, NATO enlargement is possible accounting for such members. in the 21st century. the surest means of doing for Central Mr. WARNER. Parliamentary in- Inclusion of Poland, the Czech Re- and Eastern Europe what American quiry. Is it in order to ask to be an public, and Hungary into the Alliance leadership, through the Alliance, has original cosponsor of the resolution? will strengthen NATO. It will make done so well for Western Europe. This The PRESIDING OFFICER. Without NATO militarily more capable and Eu- includes promoting and institutionaliz- objection, it is so ordered. rope more secure. These three democ- ing trust, cooperation, coordination, Mr. WARNER. I thank the Chair. racies have demonstrated their com- and communication. In this way, NATO enlargement is not an act of al- f mitment to the values and interests truism, but one of self-interest. shared by NATO members: human Allow me to reemphasize that NATO EXECUTIVE SESSION rights, equal justice under the law, and enlargement benefits all democracies free markets. Each has a growing econ- in Europe, including Russia. I say this PROTOCOLS TO THE NORTH AT- omy and a military under civilian con- because there are still those who assert LANTIC TREATY OF 1949 ON AC- trol. that NATO enlargement is a policy It is important to note that they also CESSION OF POLAND, HUNGARY, that mistreats Moscow, thereby repeat- contributed forces to Operation Desert AND THE CZECH REPUBLIC ing mistakes made in the Versailles Storm, as well as to our peacekeeping Mr. ROTH. Mr. President, peace and Treaty. That argument is dead wrong. missions in Haiti and Bosnia. They It ignores the hand of partnership and stability in Europe are among Ameri- were among the first countries to com- ca’s most vital security interests. In assistance that the West, including mit forces to serve side by side with NATO, has extended Russia. Last May, support of these interests, NATO has the United States in the stand-off been the cornerstone of American lead- the NATO-Russia Founding Act was against Saddam Hussein. The admis- signed, providing the foundation for ership in Europe and the foundation for sion of these three democracies will security and peace on that continent. not only enhanced consultation, but add an additional 200,000 troops to the also unprecedented defense coopera- The Alliance serves the transatlantic Alliance, thereby strengthening its community not only as a proven deter- tion. Today, Russian troops serve with ability to fulfill its core mission of col- NATO forces in Bosnia. And, unlike the rent against aggression, but also as an lective defense. unmatched instrument of integration punishing economic retribution carried NATO enlargement will eliminate out under the Versailles regime, the and trust—two key pillars of peace and immoral and destabilizing lines in Eu- stability. Through NATO, old enemies West has extended some $100 billion rope, a division established by Stalin since 1991 to help Russia’s democratic have not only been reconciled, but now and perpetuated by the Cold War. The stand side by side as allies; national de- and economic reforms, including over extension of NATO membership to Po- $2 billion in weapon dismantlement and fense policies are coordinated between land, the Czech Republic, and Hungary security assistance. nations that half a century ago were at is an imperative consistent with the Others suggest NATO enlargement war; and, on a day to day basis, con- moral underpinning of U.S. foreign pol- endangers a positive relationship be- sultation, joint planning, joint training icy and the North Atlantic Treaty that tween Russia and the West. The United and cooperation between these coun- established the Alliance in 1949. Indeed, States and its NATO allies will not al- tries reinforce the trust and commit- Article 10 of the Treaty states that ways share common interests with ment to the shared values that under- membership is open to ‘‘any other Eu- Russia, irrespective of NATO enlarge- pin this alliance of democracies. ropean state in a position to further ment. Differences over Iraq, Iran, the Nearly a decade ago, ‘‘velvet revolu- the principles of this treaty and to con- Caucasus, arms sales, and religious tions’’ championed by the likes of Lech tribute to the security of the North At- freedom are not related to NATO en- Walesa and Vaclav Havel renewed free- lantic area.’’ largement. Moscow will always have dom in Central Europe. These remark- Mr President, this powerful state- its own independent motivations. Un- able and peaceful revolutions tore ment reflects the emphasis the Alli- fortunately, there are still those in down the Iron Curtain that divided the ance places on democracy and Moscow who reject NATO enlargement continent and provided the basis upon inclusivity. out of a desire to preserve Russia’s which democracy is now flourishing. But NATO enlargement is not driven sphere of influence. Let us not give Today, nearly a decade after the col- just by moral imperatives. It is also a credibility to the likes of Vladimir lapse of the Berlin Wall, we begin for- policy rooted in strategic self-interest Zhirinovsky by acceding to these de- mal consideration of a resolution of and driven by objective political, eco- mands. ratification that would extend NATO nomic, and military criteria. As I have written with my colleague membership to Poland, the Czech Re- Indeed, for these reasons, NATO has Senator LUGAR, the bottom line is that public, and Hungary. Few votes before expanded three times since its found- if Russia cannot accept the legitimate the Senate have as much far-reaching ing, and continued enlargement will right of its neighbors to choose their significance as this. expand the zone of peace, democracy, own defensive security arrangements, This vote concerns not only the inte- and stability in Europe. This benefits then NATO’s role in Central and East- gration of these three democracies into all countries in Europe, including a de- ern Europe is even more important. the Alliance, it is also very much about mocratizing Russia. Keeping the above arguments in the strategic relationship between the Throughout its history, Europe has mind, it follows that the costs of en- United States and Europe. It is about been a landscape of many insecure largement are insignificant to the S2112 CONGRESSIONAL RECORD — SENATE March 17, 1998 costs of rejecting NATO enlargement. I Mr. President, allow me to close by Mr. President, we should all com- urge my colleagues to consider three pointing out that NATO enlargement is mend the Chairman of the Senate For- severe costs that would be incurred a policy validated by unprecedented eign Relations Committee, Senator should the Senate fail to ratify NATO public and Congressional discourse on a JESSE HELMS, for producing an out- membership for Poland, the Czech Re- matter of national security. standing resolution and ratification. public and Hungary: Over the last five years, NATO en- He has been a true leader in the effort A rejection of NATO enlargement largement has been the topic of count- behind NATO enlargement. He has en- would prompt a massive crisis in Amer- less editorials and opinion pieces in na- sured that all Members of the Senate ica’s role as the leader of the trans- tional and local papers. Over the last have had ample opportunity to be fully atlantic community. NATO enlarge- two years some fourteen states, includ- engaged on this important matter. I ment is a policy that has been cham- ing the First State, Delaware, have applaud his leadership. Senator HELMS pioned by the United States, including passed resolutions endorsing NATO en- and his colleagues on the Foreign Rela- the United States Senate. Rejection of largement. This policy has been en- tions Committee have produced, as I the resolution before us would vindi- dorsed by countless civic, public pol- said, an outstanding resolution of rati- cate those in Europe who express doubt icy, political, business, labor and veter- fication. I urge my colleagues to give it and who resent U.S. leadership. ans organizations. their unqualified support. NATO enlargement has also been re- Rejection of this resolution would Mr. President, I yield the floor and I peatedly endorsed by the North Atlan- spread massive disillusionment across suggest the absence of a quorum. Central Europe. It would stimulate a tic Assembly, an arm of the Alliance that convenes parliamentary rep- The PRESIDING OFFICER (Mr. pervasive feeling of abandonment and SANTORUM). The clerk will call the roll. rekindle a sense of historic despair. resentatives of NATO’s sixteen coun- tries. Congress has always been an ac- The bill clerk proceeded to call the This could prompt political crises. It roll. would surely prompt a turn to more tive player in this organization and I have the honor today of serving as Mr. HELMS. Mr. President, I ask nationalist policies—including nation- President of the NAA. unanimous consent that the order for alist defense policies. A rejection of en- Congress, in particular, has led the the quorum call be rescinded. largement would reverse the remark- charge for NATO enlargement. Its com- The PRESIDING OFFICER (Mr. able development of European security mittees have examined in detail the BROWNBACK). Without objection, it is so around an Alliance-determined agen- military, intelligence, foreign policy, ordered. da—a development in no small way fa- and budgetary implications of this long f cilitated by the process of NATO en- overdue initiative. Since last July largement. alone, twelve hearings have been con- Rejection of this resolution would MORNING BUSINESS ducted on NATO enlargement by the undercut Russia’s democratic evo- Senate Committees on Foreign Rela- Mr. HELMS. Mr. President, I now ask lution, stimulating Russian imperialist tions, Armed Services, Appropriations, unanimous consent there be a period of nostalgia. It would give great credibil- and Budget. The Senate NATO Ob- morning business with Senators per- ity to those in Russia who argue that server Group, which I chair with Sen- mitted to speak for up to 5 minutes Russia is entitled to a sphere of influ- each. ator JOSEPH R. BIDEN, has convened ence in Central Europe. That would be seventeen times with, among others, The PRESIDING OFFICER. Without at the expense of those who desire Mos- the President, the Secretaries of State objection, it is so ordered. cow to focus on the priorities of eco- and Defense, NATO’s Secretary Gen- f nomic and political reform. eral, and the leaders of the three NATO enlargement is a critical, non- invitee countries. THE VERY BAD DEBT BOXSCORE threatening complement to the hand of For me, it is no surprise—indeed a Mr. HELMS. Mr. President, it was partnership that the West and NATO matter of pride—that Congress has leg- have extended to Russia. It ensures the islatively promoted NATO enlargement just over two years ago—on Friday, secure and stable regional context in every year since 1994. To be exact, this February 23, 1996—that the federal debt which a democratic Russia will have chamber has endorsed NATO enlarge- broke the five trillion dollar sound bar- the best prospects for a normal, cooper- ment some fourteen times through rier for the first time in history. The ative relationship with its European unanimous consent agreements, voice records show that on that day, at the neighbors. votes and roll call votes. I only wish all close of business, the debt stood at Indeed, there would have been no dimensions of U.S. national security $5,017,056,630,040.53. German-French reconciliation without policy would receive this much public Just 22 years ago, in 1976, the federal NATO. And, the ongoing German-Pol- attention and endorsement. debt stood at $629 billion,—and that ish reconciliation would not be possible Mr. President, these arguments make was after the first 200 years of Ameri- without NATO. In fact, as one thought- it clear that America’s best chance for ca’s history had elapsed, including two ful thinker on these matters, Dr. enduring peace and stability in Eu- world wars. Then the big spenders real- Zbigniew Brzezinski, has written ‘‘with rope—our best chance for staying out ly went to work and the interest on the NATO enlarged, a genuine reconcili- of war in Europe, our best chance for federal debt really began to take off— ation between former Soviet satellites reinforcing what has been a strong, and, presto, during the past two dec- and Russia will be both truly possible productive partnership with Europe—is ades the federal debt has soared into and likely.’’ to promote a Europe that is whole, the stratosphere, increasing by more Finally, Mr. President, NATO en- free, and secure. What better organiza- than $4 trillion in two decades (from largement is fundamental to Europe’s tion to do this than the North Atlantic 1976 to 1996). evolution into a partner that will more Alliance—an organization that has So, Mr. President, as of the close of effectively meet global challenges be- kept the peace for more than fifty business Monday, March 16, 1998, the fore the transatlantic community. An years and remains unmatched in its po- federal debt stood—down-to-the- undivided Europe at peace is a Europe tential to meet the security challenges penny—at $5,530,456,190,863.05. that will be better able to look out- of the future. The extension of NATO This enormous debt is a festering, es- ward, a Europe better able to join with membership to Poland, the Czech Re- calating burden on all citizens and es- the United States to address necessary public, and Hungary is a critical step pecially it is jeopardizing the liberty of global security concerns. A partnership to ensure that the Alliance remains our children and grandchildren. As Jef- with an undivided Europe in the time- true to the values of the Washington ferson once warned, ‘‘to preserve [our] and stress-tested architecture of NATO Treaty, to consolidate the gains in de- independence, we must not let our will enable the United States to more mocracy, peace, and stability in post- leaders load us with perpetual debt. We effectively meet the global challenges Cold War Europe, and to ensure that must make our election between econ- to its vital interests at a time when de- the transatlantic community is fully omy and liberty, or profusion and ser- fense resources are increasingly prepared for the challenges and oppor- vitude.’’ strained. tunities of the next century. Was Mr. Jefferson right, or what? March 17, 1998 CONGRESSIONAL RECORD — SENATE S2113 ST. PATRICK’S DAY STATEMENT cise terms of new arrangements which will MESSAGES FROM THE HOUSE BY THE FRIENDS OF IRELAND be fair to both traditions. It is clear that ‘‘the new beginning in relationships’’ which At 3:49 p.m., a message from the Mr. KENNEDY. Mr. President, the has been set as the goal for the talks re- House of Representatives, delivered by Friends of Ireland is a bipartisan group quires major change. We pledge our support Ms. Goetz, one of its reading clerks, an- of Senators and Representatives op- to the Governments and the talks partici- nounced that the House has agreed to posed to violence and terrorism in pants who together must make the difficult the following resolution: Northern Ireland and dedicated to decisions needed to bring about that nec- H. Res. 386. Resolved that the Honorable maintaining a United States policy essary transformation. Richard K. Armey, a Representative from that promotes a just, lasting, and The critical test of the viability of any new the State of Texas, be, and he is hereby, peaceful settlement of the conflict. agreement will be whether it provides for elected Speaker pro tempore on this day. just and equal treatment for both commu- On behalf of Senator MOYNIHAN, Sen- f nities and full respect for their respective ator DODD and myself, we would like to traditions. It should end forever the possibil- REPORTS OF COMMITTEES welcome our colleague Senator MACK ity that any individual or group should fear The following reports of committees as a new Member of the Friends of Ire- that their rights are not protected or that land Senate Executive Committee. they are treated as second class citizens. were submitted: Each year, the Friends of Ireland Equality of treatment must be the organiz- By Mr. STEVENS, from the Committee on issues an annual statement of the cur- ing principle of the new political institutions Appropriations, without amendment: rent situation in Northern Ireland. We which need to be developed in all three S. 1768. An original bill making emergency supplemental appropriations for recovery believe our colleagues in Congress will Strands of the talks. We stress the particular importance of meaningful North/South insti- from natural disasters, and for overseas find this year’s statement of particular tutions in this regard. Measures to promote peacekeeping efforts, for the fiscal year end- interest because of the events of the equality, respect for human rights, and fun- ing September 30, 1998, and for other pur- past year and potential for progress damental freedoms are essential poses (Rept. No. 105–168). this year. I ask unanimous consent underpinnings of any settlement, and should S. 1769. An original bill making supple- that it be printed in the RECORD. not be seen as concessions to one side or the mental appropriations for the International There being no objection, the state- other. The enactment of a Bill of Rights, the Monetary Fund for the fiscal year ending ment was ordered to be printed in the early repeal of the extensive body of emer- September 30, 1998, and for other purposes gency legislation, and a commitment to the (Rept. No. 105–169). RECORD, as follows: development of a police force acceptable to f STATEMENT BY THE FRIENDS OF IRELAND, ST. all would constitute important steps in this PATRICK’S DAY 1998 direction. INTRODUCTION OF BILLS AND JOINT RESOLUTIONS On this St. Patrick’s Day the Friends of We welcome Secretary of State Mowlam’s Ireland in the United States Congress join 44 recent announcement of a new commitment The following bills and joint resolu- million Irish-Americans, with ties to both to remedy the job imbalance in Northern Ire- tions were introduced, read the first traditions in Ireland, to celebrate our herit- land, under which Catholics are still twice as age and the unique bonds between our two and second time by unanimous con- likely to be unemployed as Protestants. It is sent, and referred as indicated: lands. We send greetings to the President of our hope that concrete steps to achieve gen- Ireland, Mary McAleese, and wish her well in uine equality of opportunity in employment By Mr. STEVENS: her new position. We warmly welcome the will be rapidly implemented. S. 1768. An original bill making emergency Taoiseach, Bertie Ahern, on this his first St. supplemental appropriations for recovery Patrick’s Day visit to Washington since he We also wish to emphasize the need to from natural disasters, and for overseas became Ireland’s Prime Minister in June. avoid any repetition this year of the appall- peacekeeping efforts, for the fiscal year end- We share the hopes of the Irish people and ing disturbances during last year’s marching ing September 30, 1998, and for other pur- their friends throughout the world that, in season. We share the concern that the com- poses; from the Committee on Appropria- the course of this year, the Northern Ireland position of the Parades Commission is unbal- tions; placed on the calendar. peace process will be successful and establish anced. The Commission’s preliminary report S. 1769. An original bill making supple- an agreement which fully respects the rights will be issued soon, and we urge that all deci- mental appropriations for the International of nationalists and unionists, and can win sions on parades be taken in a manner that Monetary Fund for the fiscal year ending the support of both. is clearly seen to be fair. September 30, 1998, and for other purposes; We congratulate the Irish and British gov- We welcome the decision by the British from the Committee on Appropriations; ernments under the determined leadership of Government to appoint a tribunal of inquiry placed on the calendar. the Taoiseach, Bertie Ahern, and Prime Min- to consider new material, including that pre- By Mr. MCCAIN (for himself, Mr. CAMP- ister Tony Blair, for their courage and abil- sented by the Irish Government, regarding BELL, Mr. INOUYE, and Mr. CONRAD): ity in seeking to advance the historic goal of the events of Bloody Sunday. We hope that S. 1770. A bill to elevate the position of Di- ending this tragic conflict. We welcome all this inquiry leads to the truth and healing rector of the Indian Health Service to Assist- the positive contributions which have been for the people of Derry, and in particular for ant Secretary of Health and Human Services, made by political leaders in Northern Ire- the families and relatives of the victims. We to provide for the organizational independ- land to the talks. We pay tribute in particu- are also conscious of the grief of many oth- ence of the Indian Health Service within the lar to the contribution of our former col- ers who have lost loved ones in the conflict, Department of Health and Human Services, league Senator George Mitchell in his role as many whose remains are still missing. We and for other purposes; to the Committee on Chairman of the talks, and to both the Min- urge those in a position to do so to assist in Indian Affairs. ister of Foreign Affairs David Andrews, and identifying remains so that they can be re- By Mr. CAMPBELL (for himself and the Northern Ireland Secretary of State Mar- turned to their families. Mr. ALLARD): jorie Mowlam, for their tireless commitment The Friends of Ireland welcome the con- S. 1771. A bill to amend the Colorado Ute to the advancement of peace. tinuing bipartisan commitment of President Indian Water Rights Settlement Act to pro- We condemn in the strongest terms the Clinton and the Congress to the achievement vide for a final settlement of the claims of cruel sectarian killings and other acts of vio- of a just and lasting peace in Ireland and, in the Colorado Ute Indian Tribes, and for other lence which have recently brought renewed particular, the support for the important purposes; to the Committee on Indian Af- suffering to Northern Ireland. The clear pur- work of the International Fund for Ireland. fairs. pose of these sinister attacks is to destroy To those ready to take risks for peace, we By Mr. JEFFORDS (for himself and the peace process. These enemies of peace pledge ourselves to support any agreement Mr. LEAHY): must never be allowed to succeed. No effort reached by the parties. We believe that all S. 1772. A bill to suspend temporarily the should be spared to bring those responsible involved now have an historic opportunity to duty on certain pile fabrics of man-made fi- to justice. We urge in the strongest possible replace the politics of discrimination with bers; to the Committee on Finance. terms that the cease-fires be maintained. the politics of equality and mutual respect. By Mrs. FEINSTEIN: The most effective response to those who We urge all concerned to summon the politi- S. 1773. A bill for the relief of Mrs. Ruth would seek to destroy this historic oppor- cal courage to seize the moment. Hairston by the waiver of a filing deadline tunity for peace in Northern Ireland is for for appeal from a ruling relating to her ap- political leaders involved in the talks to ex- FRIENDS OF IRELAND EXECUTIVE COMMITTEE plication for a survivor annuity; to the Com- mittee on Governmental Affairs. pand their dialogue and to redouble their ef- Senate: Edward M. Kennedy, Daniel Patrick forts to reach agreement. Moynihan, Christopher J. Dodd, Connie By Mr. LOTT (for himself and Mr. OCHRAN): We agree with the Governments that the Mack. C status quo in Northern Ireland is not an op- S. 1774. A bill to amend the Consolidated tion. It is for the Governments and parties House of Representatives: Newt Gingrich, Farm and Rural Development Act to author- engaged in the talks to decide upon the pre- Richard A. Gephardt, James T. Walsh. ize the Secretary of Agriculture to make S2114 CONGRESSIONAL RECORD — SENATE March 17, 1998 guaranteed farm ownership loans and guar- SUBMISSION OF CONCURRENT AND ice to Assistant Secretary of Health anteed farm operating loans of up to $600,000, SENATE RESOLUTIONS and Human Services, to provide for the and to increase the maximum loan amounts The following concurrent resolutions organizational independence of the In- with inflation; to the Committee on Agri- dian Health Service within the Depart- culture, Nutrition, and Forestry. and Senate resolutions were read, and By Mr. BOND: referred (or acted upon), as indicated: ment of Health and Human Services, S. 1775. A bill to suspend temporarily the By Mr. LOTT (for himself, Mr. and for other purposes, to the Commit- duty on phosphonic acid, (nitrilotris (meth- DASCHLE, Mr. WARNER, Mr. KEMP- tee on Indian Affairs. ylene))tris; to the Committee on Finance. THORNE, Mr. HATCH, Mr. COATS, Mr. ASSISTANT SECRETARY FOR INDIAN HEALTH ACT S. 1776. A bill to suspend temporarily the HAGEL, Mr. ABRAHAM, Mr. AKAKA, OF 1998 duty on phosphonic acid, Mr. ALLARD, Mr. ASHCROFT, Mr. BAU- Mr. MCCAIN. Mr. President, I rise (nitrilis(methylene))tris-, pentasodium salt; CUS, Mr. BENNETT, Mr. BIDEN, Mr. today to introduce legislation to redes- to the Committee on Finance. BINGAMAN, Mr. BOND, Mrs. BOXER, ignate the position of the Director of S. 1777. A bill to suspend temporarily the Mr. BREAUX, Mr. BROWNBACK, Mr. the Indian Health Service (IHS) to an duty on phosphonic acid, (1- BRYAN, Mr. BUMPERS, Mr. BURNS, Mr. Assistant Secretarial position within hydroxyethylidene)bis; to the Committee on BYRD, Mr. CAMPBELL, Mr. CHAFEE, Finance. Mr. CLELAND, Mr. COCHRAN, Ms. COL- the Department of Health and Human S. 1778. A bill to suspend temporarily the LINS, Mr. CONRAD, Mr. COVERDELL, Services. I am pleased that the Chair- duty on phosphonic acid, (1- Mr. CRAIG, Mr. D’AMATO, Mr. man and Vice-Chairman of the Com- hydroxyethylidene)bis-, tetrasodium salt; to DEWINE, Mr. DODD, Mr. DOMENICI, Mr. mittee on Indian Affairs, Senator the Committee on Finance. DORGAN, Mr. DURBIN, Mr. ENZI, Mr. CAMPBELL and Senator INOUYE, as well S. 1779. A bill to suspend temporarily the FAIRCLOTH, Mr. FEINGOLD, Mrs. FEIN- as my colleague, Senator CONRAD, are duty on phosphonic acid, (1,6- STEIN, Mr. FORD, Mr. FRIST, Mr. joining me as co-sponsors of this im- GLENN, Mr. GORTON, Mr. GRAHAM, Mr. hexanediylbis(nitrilobis(methylene)) portant legislation. The Senate pre- tetrakis-potassium salt; to the Committee GRAMM, Mr. GRAMS, Mr. GRASSLEY, on Finance. Mr. GREGG, Mr. HARKIN, Mr. HELMS, viously approved this legislation in the S. 1780. A bill to suspend temporarily the Mr. HOLLINGS, Mr. HUTCHINSON, Mrs. 103rd session and again considered the duty on phosphonic acid, HUTCHISON, Mr. INHOFE, Mr. INOUYE, bill in the 104th session, but we were (((phosphonomethyl)imino)bis(2,1- Mr. JEFFORDS, Mr. JOHNSON, Mr. KEN- unable to pass a bill before adjourn- ethanediylnitrilobis- (methylene))tetrakis; NEDY, Mr. KERREY, Mr. KERRY, Mr. ment. We are again pursuing this legis- to the Committee on Finance. KOHL, Mr. KYL, Ms. LANDRIEU, Mr. lation as the timing for enactment S. 1781. A bill to suspend temporarily the LAUTENBERG, Mr. LEAHY, Mr. LEVIN, could not be more critical. duty on phosphonic acid, Mr. LIEBERMAN, Mr. LUGAR, Mr. Some of my colleagues might be led MACK, Mr. MCCAIN, Mr. MCCONNELL, (((phophonomethyl)imino)bis(2,1- to believe the standard of living for In- ethanediylnitrilobis- (methylene)))tetrakis-, Ms. MIKULSKI, Ms. MOSELEY-BRAUN, sodium salt; to the Committee on Finance. Mr. MOYNIHAN, Mr. MURKOWSKI, Mrs. dian people is improving due to the rel- S. 1782. A bill to suspend temporarily the MURRAY, Mr. NICKLES, Mr. REED, Mr. atively small economic success enjoyed duty on Polyvinyl Butyral; to the Commit- REID, Mr. ROBB, Mr. ROBERTS, Mr. by a few Indian tribes in this country. tee on Finance. ROCKEFELLER, Mr. ROTH, Mr. Nothing could be further from reality S. 1783. A bill to suspend temporarily the SANTORUM, Mr. SARBANES, Mr. SES- as the health conditions facing Indian duty on triethyleneglycol bis(2-ethyl SIONS, Mr. SHELBY, Mr. SMITH of New people are an endemic crisis. hexanoate); to the Committee on Finance. Hampshire, Mr. SMITH of Oregon, Ms. Mr. President, Indian reservation S. 1784. A bill to suspend temporarily the SNOWE, Mr. SPECTER, Mr. STEVENS, areas are among the most impover- Mr. THOMAS, Mr. THOMPSON, Mr. duty on Biphenyl flake; to the Committee on ished areas in our nation, yet remain Finance. THURMOND, Mr. TORRICELLI, Mr. S. 1785. A bill to suspend temporarily the WELLSTONE, and Mr. WYDEN): the least served and the most forgotten duty on 2-Ethylhexanoic acid; to the Com- S. Res. 196. A resolution recognizing, and when it comes to improving health mittee on Finance. calling on all Americans to recognize, the care delivery. American Indian and Mr. FAIRCLOTH: courage and sacrifice of Senator John Alaska Native populations are affected S. 1786. A bill to provide for the conduct of McCain and the members of the Armed by diabetes at a rate that overwhelm- Forces held as prisoners of war during the a study and report concerning the ability of ingly exceeds other national popu- the Centers for Disease Control and Preven- Vietnam conflict and stating that the Amer- ican people will not forget that more than lations. Mortality rates for tuber- tion to address the growing threat of viral culosis, alcoholism, accidents, homi- epidemics and biological and chemical ter- 2,000 members of the Armed Forces remain rorism; to the Committee on Labor and unaccounted for from the Vietnam conflict cide, pneumonia, influenza and suicides and will continue to press for the fullest pos- Human Resources. are far higher than all other segments sible accounting for all such members whose By Mr. GRAMM (for himself, Mrs. of the national population. The number whereabouts are unknown; considered and HUTCHISON, Mr. GRASSLEY, Mr. of HIV and AIDS cases affecting Amer- agreed to. D’AMATO, Mr. KYL, Mr. GORTON, Mrs. By Mr. REID: ican Indian communities is increasing FEINSTEIN, Mr. BINGAMAN, Mrs. S. Res. 197. A resolution designating May 6, at an alarming rate. BOXER, Mrs. MURRAY, Mr. MCCAIN, 1998, as ‘‘National Eating Disorders Aware- The Indian Health Service (IHS) is and Mr. DOMENICI): ness Day’’ to heighten awareness and stress the lead agency charged with providing S. 1787. A bill to authorize additional ap- prevention of eating disorders; to the Com- health care to the more than 550 Indian propriations for United States Customs Serv- mittee on the Judiciary. ice personnel and technology in order to ex- tribes in this country. The IHS cur- By Mr. KEMPTHORNE (for himself, rently falls under the authority of the pedite the flow of legal commercial and pas- Mr. HELMS, Mr. FAIRCLOTH, Mrs. Public Health Service within the over- senger traffic at United States land borders; FEINSTEIN, Mrs. BOXER, Mr. CHAFEE, to the Committee on Finance. Mrs. HUTCHISON, Mr. COVERDELL, Mr. all Department of Health and Human By Mr. MOYNIHAN: GRAMM, Mr. SMITH of New Hamp- Services. The Indian Health Service S. 1788. A bill to amend titles XI and XVIII shire, Mr. LEAHY, Mr. DEWINE, Mr. consists of 143 service units composed of the Social Security Act to combat waste, WARNER, and Mr. CRAIG): of over 500 direct health care delivery fraud, and abuse in the medicare program; to S. Con. Res. 84. A concurrent resolution ex- facilities, including 49 hospitals, 176 the Committee on Finance. pressing the sense of Congress that the Gov- health centers, 8 school centers and 277 By Mr. MOYNIHAN (for himself, Mr. ernment of Costa Rica should take steps to KENNEDY, Mr. DASCHLE, Mrs. BOXER, protect the lives of property owners in Costa health stations and satellite clinics Mr. DODD, Mr. DURBIN, Mr. GLENN, Rica, and for other purposes; to the Commit- and Alaska village clinics. This health Mr. HARKIN, Mr. KERRY, Mr. LAUTEN- tee on Foreign Relations. network provides services ranging from BERG, Ms. MOSELEY-BRAUN, Mr. f facility construction to pediatrics, and ROCKEFELLER, and Mr. TORRICELLI): serves approximately 1.3 million Amer- S. 1789. A bill to amend title XVIII of the STATEMENTS ON INTRODUCED ican Indians and Alaska Native individ- Social Security Act and the Employee Re- BILLS AND JOINT RESOLUTIONS uals each year. tirement Income Security Act of 1974 to im- For the past couple of years, the De- prove access to health insurance and medi- By Mr. MCCAIN (for himself, Mr. care benefits for individuals ages 55 to 65 to CAMPBELL, Mr. INOUYE, and Mr. partment has undergone reorganiza- be fully funded through premiums and anti- CONRAD): tional reforms and removed some of fraud provision, and for other purposes; to S. 1770. A bill to elevate the position the administrative hurdles faced by the the Committee on Finance. of Director of the Indian Health Serv- IHS Director. I applaud the Secretary March 17, 1998 CONGRESSIONAL RECORD — SENATE S2115 and the Department for these efforts to SECTION-BY-SECTION ANALYSIS we made with the two Indian Tribes in prioritize Indian health issues. How- SECTION 1. OFFICE OF ASSISTANT SECRETARY the State of Colorado. ever, I am convinced that we must fur- FOR INDIAN HEALTH In 1976, the United States filed a ther institutionalize the future of the Subsection (a) establishes the Office of the claim asserting the historic rights of IHS by allowing the agency to operate Assistant Secretary for Indian Health within these Tribes to much of the water in at the highest levels and by its own au- the Department of Health and Human Serv- the rivers in Southwestern Colorado. ices. Rather than continue this disruptive thority. Subsection (b) provides that the Assistant Mr. President, this bill is more than Secretary for Indian Health shall perform and divisive litigation, the two Ute a symbolic gesture. There are several such functions as the Secretary of Health Tribes were parties to a Settlement other critical reasons which lead me to and Human Services may designate in addi- Agreement in 1986, which was enacted believe that this legislation is nec- tion to the functions performed by the Direc- by Congress and signed into law by essary. First, designating the IHS Di- tor of the Indian Health Service (IHS) on the President Reagan in 1988. rector as an Assistant Secretary of In- date of the enactment of this Act. So far, we have failed to construct Subsection (c) provides that references to any of the facilities promised in this dian Health would provide the various the IHS Director in any other Federal law, branches and programs of the IHS with Executive order, rule, regulation, or delega- agreement; even though Presidents a stronger advocacy role within the De- tion of authority, or any document shall be Reagan, Bush, and Clinton have con- partment and better representation deemed to refer to the Assistant Secretary sistently supported full funding for this during the budget process. As evi- for Indian Health. Project. denced in the Agency’s budget request Subsection (d) amends Title 5, Section 5315 I was reluctant to introduce this for FY’99, which represents a minimal of the U.S.C. by striking ‘Assistant Secretar- measure because I still believe that ies of Health and Human Services (6)’ and in- one percent increase over last year’s this country, this Congress, and espe- serting ‘Assistant Secretaries of Health and cially the United States Senate can be budget, the ability of the IHS to affect Human Services (7)’. Subsection (d) further budgetary policy is limited. amends section 5316 of Title 5 by striking trusted to fulfill the solemn commit- Second, I am a strong supporter of ‘Director, Indian Health Service, Depart- ment that was made to these Tribes in the success of tribal governments to ment of Health and Human Services’. 1988, when I was a member of the House contract and manage programs Subsection (e) provides for conforming of Representatives. Of course the through Public Law 93–638, the Indian amendments in the Indian Health Care Im- United States Senate has consistently provement Act. Subsection (e) further and without exception, voted to abide Self-Determination and Education As- amends the Indian Health Care Improvement sistance Act. Through separate legisla- by every term of this agreement. Act, the Rehabilitation Act of 1973, the Fed- But the Ute Tribes point to the 472 tion, Senator CAMPBELL will propose to eral Water Pollution Control Act, and the permanently extend this authority to Native American Programs Act of 1974 by treaties broken by the United States. the IHS. Our intent through the 638 law striking ‘Director of the Indian Health Serv- Rather than allowing their 1988 Settle- has been to devolve the paternalistic ice’ and inserting in lieu thereof ‘the Assist- ment to become the 473rd, they are federal management of Indian pro- ant Secretary for Indian Health’. willing to modify the terms of this grams and place responsibility at the SECTION 2. ORGANIZATION OF INDIAN HEALTH agreement to move it forward. The local tribal level where tribes most SERVICE WITHIN DEPARTMENT OF HEALTH AND original agreement called for construc- benefit by direct services. This legisla- HUMAN SERVICES tion to start in 1990. Here it is 8 years tion we are introducing today is in- Subsection (a) amends section 601 of the later and we have not even started. Indian Health Care Improvement Act by tended to compliment that effort. These tribes have provided the striking ‘within the Public Health Service of United States with their last chance to I believe that the IHS would operate the Department of Health and Human Serv- honorably live up to the promises we more efficiently as an independent ices’ each place it appears and inserting ‘within the Department of Health and have made to them. agency. The IHS is charged with an If the United States fails to provide enormous responsibility for Indian Human Services’, and striking ‘report to the Secretary through the Assistant Secretary these tribes with a water supply country and, therefore, should be af- through the Animas-La Plata Project, forded direct line authority and the for Health of the Department of Health and Human Services’ and inserting ‘report to the the tribes will have no choice but to go ability to operate within its own Secretary’. back to court. Millions of dollars will unique mandates and rules. This legis- Subsection (b) amends the heading of sec- then have to be spent in needless, ex- lation provides for the appropriate au- tion 601 of the Indian Health Care Improve- pensive, and divisive litigation. thority for this transition, particularly ment Act. One of our distinguished former col- to ensure that the service delivery pro- Subsection (c) provides that nothing in this section may be interpreted as terminat- leagues, Arizona Senator Barry Gold- vided to the IHS by other PHS entities, water, was fond of saying that in Ari- such as the Commissioned Corps, would ing or otherwise modifying any authority providing for the IHS to use Public Health zona it is so dry that the trees chase be appropriately addressed. I look for- Service officers or employees to carrying out the dogs. Mark Twain said that the ward to working with Secretary the purpose and responsibilities of the IHS. West is so dry that we can’t afford to Shalala on these important matters. Subsection (c) further states that any offi- drink water, we are too busy fighting I am convinced that if the current or- cers or employees used by IHS shall be treat- over it. What he said was, ‘‘Whiskey is ed as officers or employees detailed to an ex- ganizational structure of the IHS is for drinking, water is for fighting.’’ maintained, the agency will not be po- ecutive department under section 214(a) of the Public Health Service. Throughout the history of this re- sitioned for the long term to address gion, the need for water has dominated the day-to-day health care needs of By Mr. CAMPBELL (for himself and dictated our development. About American Indians. Therefore, I believe and Mr. ALLARD): 85% of the water used in the West is that the IHS is in dire need of a senior S. 1771. A bill to amend the Colorado stored in mountain reservoirs during policy official who is knowledgeable Ute Indian Water Rights Settlement spring run-off so it can be used during about the programs administered by Act to provide for a final settlement of the hot summers. For thousands of the IHS and who can provide the lead- the claims of the Colorado Ute Indian years this has been a fact of life for ership for the health care needs of Tribes, and for other purposes; to the those who live in the arid West. We are American Indians and Alaska Natives. Committee on Indian Affairs. following the example of the Anasazi Mr. President, this legislation will THE COLORADO UTE SETTLEMENT ACT Indians who also knew the need to col- ensure that health care issues facing AMENDMENTS OF 1998 lect and store water for dry spells 2,000 Indian people are addressed on a par Mr. CAMPBELL. Mr. President, years ago in the same area proposed for with the rest of this nation. today I introduce a bill to amend the the Animas-La Plata. Mr. President, I ask unanimous con- Colorado Ute Indian Water Rights Set- In fact, when the Animas-La Plata sent that additional material be print- tlement Act of 1988. I am pleased to be Project was authorized in 1968, a num- ed in the RECORD. joined in this effort by my colleague ber of other projects were authorized There being no objection, the mate- Senator ALLARD. along with it, including the Central Ar- rial was ordered to be printed in the This bill represents our Nation’s last izona Project in the Lower Colorado RECORD, as follows: opportunity to live up to an agreement Basin and projects in the Upper Basin. S2116 CONGRESSIONAL RECORD — SENATE March 17, 1998 These facilities have already been con- water, small irrigators in Colorado and As this bill is presently drafted, it structed. We constructed these projects New Mexico, and the Navajo Nation. enjoys widespread support among the to meet the pressing needs of people The facilities to be constructed have people of Colorado, especially the peo- and development. Only the Animas-La been on the drawing board for decades. ple, local governments, and Indian Plata languishes. I think I can safely say that no project tribes in Southwestern Colorado. State The 1988 Colorado Ute Indian Water components in the history of develop- government, and literally all of our Rights Settlement Act was a fair and ing water projects have gone through major newspapers. It is a significant honest agreement with the two Indian more environmental changes and more attempt to compromise and make con- tribes in my state. Furthermore, it was environmental regulations than this. cessions by all parties involved. I be- a compromise. The parties participat- In fact, here on the desk, I brought just lieve we have come a long way. ing in these Settlement discussions and the final supplement that was done This bill is the product of significant negotiations included a number of after 1986, and it stands about half a attempts at compromise and conces- water conservancy districts, the states foot high. If we stacked all of the dif- sions by all of the parties involved. I of Colorado and New Mexico, and nu- ferent regulations that we have com- am pleased that the bill begins its leg- merous federal agencies. Congress and piled end on end, we would have a islative journey this far along. I know the President made this Agreement the stack over 3 feet high. I did not even that not all of the parties who are af- law of the land. bother bringing all of it to the Floor. fected by this bill agree with every one The two Tribes have every legal and But we have done virtually everything of its terms. While I can not respond to moral right to hold the United States required to get this project developed. all of the concerns that have been to the terms of the 1988 Agreement we This represents only a portion of the raised, I can assure everyone that we enacted. Like any party to a binding environmental studies of this project will continue to work to address any agreement, they have the right to con- conducted by just one of the Federal legitimate concern raised about this tinue to demand that the United States agencies involved. legislation through the committee live up to its commitment to build the Those who have opposed this project process. entire Animas-La Plata Project. But in the past have had their own agendas: I urge my colleagues to support pas- the Tribes have made what one of the None of these agendas was concerned sage of this important legislation and largest newspapers in my state refers with this Nation’s obligations to these meet the solemn commitments made to as a ‘‘generous offer.’’ This bill is two Indian tribes. to the Ute tribes in 1988. Some complained about the price of that offer. If Congress passes these Mr. President, several newspapers, the project while they conspired to in- amendments, we will be paying for our public officials and water Development flate the cost by insisting upon waste- Boards, and both of the Indian tribes in obligations under the 1988 agreement ful study after study of this project. my state have supported the idea of with a few cents on the dollar. It was I think the tribes feel that they know modifying the Settlement in this man- once estimated that it would cost al- there are certain interests who oppose ner. Since My legislation incorporates most $700 million to fulfill our obliga- the project and that they are the same this approach, I ask unanimous con- tions to these two tribes. Now we can interest groups that have opposed sent that these editorials and Resolu- do it for $257 million. These two tribes every project. They know that by driv- tions be included in the RECORD. have provided us with the opportunity ing the price up too much, it makes it Mr. ALLARD. Mr. President, will the to fulfill our legal obligations to them much more difficult to build. But I Senator yield? under the 1988 Act at a bargain base- think the United States’ claim on Mr. CAMPBELL. Mr. President, I ment price. being a trustee for tribes can only be yield any remaining time to Senator Under the terms of the bill I intro- fulfilled when we realize that our obli- ALLARD, and I thank the Senator. duce today, the legal claims raised by gations under this original Water Mr. ALLARD. Mr. President, how the Ute Mountain Ute and the South- Rights Settlement Act must be com- much time remains? ern Ute tribes will be resolved once the plied with. The PRESIDING OFFICER. The Interior Department constructs the fol- The State of Colorado has done its Chair advises the Senator that he has 2 lowing facilities: part. It has expended $35 million to minutes. A pumping plant to divert no more construct the pipeline needed to supply Mr. ALLARD. Thank you very much. than 57,100 acre-fee of water per year domestic water. Mr. President, I just wanted to brief- from the Animas River; a facility to The tribes have received their devel- ly stand up in recognition of the hard convey this water to an off-river res- opment funded of $57 million and de- work of my colleague from Colorado on ervoir; and a reservoir to hold this railed their water rights lawsuit in an- this very, very important issue to Colo- water until it is needed for municipal, ticipation of the United States fulfill- rado. And I want to add my support to industrial, instream flow or other au- ing its obligations. the Colorado Ute Indian Water Rights thorized and approved uses. This Settlement proposal is the abso- Settlement Act of 1988. Mr. President, the quantity of water lute minimum that we can ask these I have a number of comments that I that will be diverted and used by this tribes to accept. More important, the would like to submit to the RECORD. project was not set by the project’s most expensive part of this Project is But I just want to recognize in a public beneficiaries, it was not set by the Bu- the delay in constructing it. When I way that Senator CAMPBELL has reau of Reclamation, it was not set by first became involved with the A-LP, worked very hard on this. Obviously, I me; rather, it was set by the United about 15 years ago, the entire project think both of us would have preferred States Fish and Wildlife Service. I could be built for around $315 million. to have the full project. But in light of quote the Service’s recent Biological When I think of the promises that what has come to light, I think most of Opinion: were made to the Ute Tribes in my us agree that we need to keep our word An initial depletion not to exceed 57,100 State, I am reminded of the words of with the Ute Indians in the area, and acre feet for the Project is not likely to jeop- Chief Joseph, the great Indian leader of we need to proceed ahead. It is vital to ardize the continued existence of the Colo- the Nez Perce Tribe. When Chief Jo- the area. It is important. Even though rado squafish or razorback sucker nor ad- seph came here to Washington he had it might not be ideal for what we would versely modify or destroy their critical habi- this to say about the promises and as- like to see happen, at least we need to tat. surances he received: move ahead. The Service then goes on to agree I have heard talk and talk, but nothing is I thank the senior Senator from Col- that this level of depletion is consist- done. Good words do not last long unless orado for yielding to me and wish him ent with the construction of the facili- they amount to something. Good words will the very best. I will be there support- ties that I have just mentioned. not give my people good health and stop ing him all the way. In addition: Two-thirds of water them from dying. Good words will not give Mr. CAMPBELL. I thank my col- my people a home where they can take care made available from these project com- of themselves. I am tired of talk that comes league from Colorado. We fought for ponents will be available to the two to nothing. It makes my heart sick when I fairness when it came to water legisla- Ute tribes, with most of the balance remember all of the good words and broken tion when we were in the House of Rep- available for municipal and industrial promises. resentatives together, and here in the March 17, 1998 CONGRESSIONAL RECORD — SENATE S2117 Senate too, apparently our battles are an amount not to exceed 2,600 acre-feet of seq.), the Secretary shall provide for those not over. But I certainly do appreciate water. depletions by making allocations among the the support. I know we are on the right ‘‘(2) TRIBAL CONSTRUCTION COSTS.—Con- beneficiaries of the Animas-La Plata Project side of fairness for the people of our struction costs allocable to the Navajo Na- in accordance with an agreement among the tion and to each Tribe’s municipal and in- beneficiaries relating to those allocations.’’. State. dustrial water allocation from the Animas- (c) MISCELLANEOUS.—Section 6 of the Colo- Mr. President, I ask unanmous con- La Plata Project shall be nonreimbursable. rado Ute Indian Water Rights Settlement sent that additicnal material be print- ‘‘(3) NONTRIBAL WATER CAPITAL OBLIGA- Act of 1988 (Public Law 100–585) is amended ed in the RECORD. TIONS.—The nontribal municipal and indus- by adding at the end the following: trial water capital repayment obligations for There being no objection, the mate- ‘‘(i) TRANSFER OF WATER RIGHTS.—Upon re- the Animas-La Plata Project shall be satis- rial was ordered to be printed in the quest of the State Engineer of the State of fied, upon the payment in full— RECORD, as follows: New Mexico, the Secretary shall, in a man- ‘‘(A) by the San Juan Water Commission, ner consistent with applicable State law, S. 1771 of an amount equal to $8,600,000; transfer, without consideration, to the New Be it enacted by the Senate and House of Rep- ‘‘(B) by the Animas-La Plata Water Con- Mexico Animas-La Plata Project bene- resentatives of the United States of America in servancy District, of an amount equal to ficiaries or the New Mexico Interstate Congress assembled, $4,400,000; and ‘‘(C) by the State of Colorado, of an Stream Commission all of the interests in SECTION 1. SHORT TITLE; FINDINGS. water rights of the Department of the Inte- (a) SHORT TITLE.—This Act may be cited as amount equal to $16,000,000, as a portion of the cost-sharing obligation of the State of rior under New Mexico Engineer permit the ‘‘Colorado Ute Settlement Act Amend- number 2883, Book M–2, dated May 1, 1956, in ments of 1998’’. Colorado recognized in the Agreement in Principle Concerning the Colorado Ute In- order to fulfill the New Mexico purposes of (b) FINDINGS.—Congress finds that in order the Animas-La Plata Project. to provide for a full and final settlement of dian Water Rights Settlement and Animas- ‘‘(j) TREATMENT OF CERTAIN REPORTS.— the claims of the Colorado Ute Indian Tribes, La Plata Cost Sharing that the State of Col- ‘‘(1) IN GENERAL.—The April 1996 Final Sup- the Tribes have agreed to reduced water sup- orado entered into on June 30, 1986. plement to the Final Environmental Impact ply facilities. ‘‘(4) CERTAIN NONREIMBURSABLE COSTS.— Any cost of a component of the Animas-La Statement, Animas-La Plata Project issued SEC. 2. DEFINITIONS. Plata Project described in paragraph (1) that by the Department of the Interior and all In this Act: is attributed to and required for recreation, documents incorporated therein and attach- (1) AGREEMENT.—The term ‘‘Agreement’’ environmental compliance and mitigation, ments thereto, and the February 19, 1996, has the meaning given that term in section the protection of cultural resources, or fish Final Biological Opinion of the United 3(1) of the Colorado Ute Indian Water Rights and wildlife mitigation and enhancement States Fish and Wildlife Service, Animas-La Settlement Act of 1988 (Public Law 100–585). shall be nonreimbursable. Plata Project shall be considered to be ade- (2) ANIMAS-LA PLATA PROJECT.—The term ‘‘(5) TRIBAL WATER ALLOCATIONS.— quate to satisfy any applicable requirement ‘‘Animas-La Plata Project’’ has the meaning ‘‘(A) IN GENERAL.—With respect to munici- under the Endangered Species Act of 1973 (16 given that term in section 3(2) of the Colo- pal and industrial water allocated to a Tribe U.S.C. 1531 et seq.), the National Environ- rado Ute Indian Water Rights Settlement from the Animas-La Plata Project or the Do- mental Policy Act of 1969 (42 U.S.C. 4321 et Act of 1988 (Public Law 100–585). lores Project, until that water is first used seq.) or the Federal Water Pollution Control (3) DOLORES PROJECT.—The term ‘‘Dolores by a Tribe or pursuant to a water use con- Act (33 U.S.C. 1251 et seq.) with respect to— Project’’ has the meaning given that term in tract with the Tribe, the Secretary shall pay ‘‘(A) the amendments made to this section section 3(3) of the Colorado Ute Indian Water the annual operation, maintenance, and re- by the Colorado Ute Settlement Act Amend- Rights Settlement Act of 1988 (Public Law placement costs allocable to that municipal ments of 1998; 100–585). and industrial water allocation of the Tribe. ‘‘(B) the initiation of, and completion of (4) TRIBE; TRIBES.—The term ‘‘Tribe’’ or ‘‘(B) TREATMENT OF COSTS.—A Tribe shall construction of the facilities described in ‘‘Tribes’’ has the meaning given that term in not be required to reimburse the Secretary this section; and section 3(6) of the Colorado Ute Indian Water for the payment of any cost referred to in ‘‘(C) an aggregate depletion of 57,100 acre- Rights Settlement Act of 1988 (Public Law subparagraph (A). feet of water (or any portion thereof) as de- 100–585). ‘‘(6) REPAYMENT OF PRO RATA SHARE.—As an scribed and approved in that biological opin- SEC. 3. AMENDMENTS TO THE COLORADO UTE IN- increment of a municipal and industrial ion. DIAN WATER RIGHTS SETTLEMENT water allocation of a Tribe described in para- ‘‘(2) STATUTORY CONSTRUCTION.—Nothing in ACT OF 1988. graph (5) is first used by a Tribe or is first this subsection shall affect— (a) RESERVOIR; MUNICIPAL AND INDUSTRIAL used pursuant to the terms of a water use ‘‘(A) the construction of facilities that are WATER.—Section 6(a) of the Colorado Ute In- contract with the Tribe— not described in this section; or dian Water Rights Settlement Act of 1988 ‘‘(A) repayment of that increment’s pro ‘‘(B) any use of water that is not described (Public Law 100–585) is amended to read as rata share of those allocable construction and approved by the Director of the United follows: costs for the Dolores Project shall commence States Fish and Wildlife Service in the final ‘‘(a) RESERVOIR; MUNICIPAL AND INDUSTRIAL by the Tribe; and biological opinion described in paragraph (1). WATER.— ‘‘(B) the Tribe shall commence bearing ‘‘(k) FINAL SETTLEMENT.— ‘‘(1) IN GENERAL.—After the date of enact- that increment’s pro rata share of the alloca- ‘‘(1) IN GENERAL.—The provision of water to ment of the Colorado Ute Settlement Act ble annual operation, maintenance, and re- the Tribes in accordance with this section Amendments of 1998, the Secretary shall pro- placement costs referred to in paragraph shall constitute final settlement of the tribal vide— (5)(A).’’. claims to water rights on the Animas and La ‘‘(A) for the construction, as components (b) REMAINING WATER SUPPLIES.—Section Plata Rivers. of the Animas-La Plata Project, of— 6(b) of the Colorado Ute Indian Water Rights ‘‘(2) STATUTORY CONSTRUCTION.—Nothing in ‘‘(i) a reservoir with a storage capacity of Settlement Act of 1988 (Public Law 100–585) this section may be construed to affect the 260,000 acre-feet; and is amended by adding at the end the follow- right of the Tribes to water rights on the ‘‘(ii) a pumping plant and a reservoir inlet ing: streams and rivers described in the Agree- conduit; and ‘‘(3) At the request of the Animas-La Plata ment, other than the Animas and La Plata ‘‘(B) through the use of the project compo- Water Conservancy District of Colorado or Rivers, to participate in the Animas-La nents referred to in subparagraph (A), mu- the La Plata Conservancy District of New Plata Project, to receive the amounts of nicipal and industrial water allocations in Mexico, the Secretary shall take such action water dedicated to tribal use under the such manner as to result in allocations— as may be necessary to provide, after the Agreement, or to acquire water rights under ‘‘(i) to the Southern Ute Tribe, with an av- date of enactment of the Colorado Ute Set- the laws of the State of Colorado. erage annual depletion of an amount not to tlement Act Amendments of 1998, water allo- ‘‘(3) ACTION BY THE ATTORNEY GENERAL.— exceed 16,525 acre-feet of water; cations— The Attorney General of the United States ‘‘(ii) to the Ute Mountain Ute Indian Tribe, ‘‘(A) to the Animas-La Plata Water Conser- shall file with the District Court, Water Di- with an average annual depletion of an vancy District of Colorado, with an average vision Number 7, of the State of Colorado amount not to exceed 16,525 acre-feet of annual depletion of an amount not to exceed such instruments as may be necessary to re- water; 5,230 acre-feet of water; and quest the court to amend the final consent ‘‘(iii) to the Navajo Nation, with an aver- ‘‘(B) to the La Plata Conservancy District decree to provide for the amendments made age annual depletion of an amount not to ex- of New Mexico, with an average annual de- to this section under section 2 of the Colo- ceed 2,340 acre-feet of water; pletion of an amount not to exceed 780 acre- rado Ute Settlement Act Amendments of ‘‘(iv) to the San Juan Water Commission, feet of water. 1998.’’. with an average annual depletion of an ‘‘(4) If depletions of water in addition to amount not to exceed 10,400 acre-feet of the depletions otherwise permitted under SEC. 4. STATUTORY CONSTRUCTION; TREATMENT water; and this subsection may be made in a manner OF CERTAIN FUNDS. ‘‘(v) to the Animas-La Plata Conservancy consistent with the requirements of the En- (a) IN GENERAL.—Nothing in the amend- District, with an average annual depletion of dangered Species Act of 1973 (16 U.S.C. 1531 et ments made by this Act to section 6 of the S2118 CONGRESSIONAL RECORD — SENATE March 17, 1998 Colorado Ute Indian Water Rights Settle- those claims associated with the Animas and Whereas, it appears that all environmental ment Act of 1988 (Public Law 100–585) shall the LaPlata Rivers; and laws and regulations of the state of Colo- affect— Whereas, the Congress of the United States rado, the state of New Mexico, and the Fed- (1) the applicability of any other provision adopted and ratified the 1986 Colorado Ute eral Government have been addressed; and of that Act; Indian Water Rights Settlement by the pas- Whereas, it is necessary to amend the Col- (2) the obligation of the Secretary of the sage of the Colorado Ute Indian Water orado Ute Indian Water Rights Settlement Interior to deliver water from the Dolores Rights Settlement Act of 1988; and Act of 1988; and Project and to complete the construction of Whereas, Colorado, acting through the Whereas, the Board wishes to lend its con- the facilities located on the Ute Mountain General Assembly, the Water Conservation tinued support the construction of the Ute Indian Reservation described in— Board and other state agencies, has fulfilled Animas-LaPlata Project and, in particular, (A) the Department of the Interior and Re- all of the responsibilities incumbent upon to the full compliance by the state of Colo- lated Agencies Appropriations Act, 1991 the state of Colorado and arising from the rado with the terms of the Colorado Ute In- (Public Law 101–512); Colorado Ute Indian Water Rights Settle- dian Water Rights Settlement: Now there- (B) the Department of the Interior and Re- ment and the Colorado Ute Indian Water fore, be it lated Agencies Appropriations Act, 1992 Rights Settlement Act, including the con- Resolved by the Colorado Water Conservation (Public Law 102–154); struction of the Dolores Project with irriga- Board, That: (C) the Department of the Interior and Re- tion water being delivered to the Ute Moun- 1. The Board endorses the modified lated Agencies Appropriations Act, 1993 tain Ute Indian Tribe on its Reservation, the Animas-LaPlata Project referred to a the (Public Law 102–381); construction of a domestic pipeline to the Animas-LaPlata Lite. (D) the Department of the Interior and Re- Town of Towaoc, the successful adoption of 2. The Board expresses its support for Gov- lated Agencies Appropriations Act, 1994 Colorado water court decrees recognizing the ernor Romer and Lieutenant Governor (Public Law 103–138); and Indian reserved water rights on various trib- Schoettler and for their recognition and sup- utaries of the San Juan River and finally the (E) the Department of the Interior and Re- port for this compromise resolution between appropriation of funds which now com- lated Agencies Appropriations Act, 1995 the two Colorado Ute Tribes and the Project promise $5.0 million to Tribal Development (Public Law 103–332); or proponents. Funds, $5.6 million from the Colorado Water 3. The Board expresses its appreciation to (3) the treatment of the uncommitted por- Conservation Board Construction Fund for the two Colorado Ute Tribes for their contin- tion of the cost-sharing obligation of the construction of Ridges Basin and $42.4 mil- ued efforts to work with the water users in State of Colorado referred to in subsection lion for the state’s participation in the con- Southwest Colorado to ensure that the tribal (b). struction of the Animas-LaPlata Project, rights are resolved in a way that avoids tak- (b) TREATMENT OF UNCOMMITTED PORTION which funds are currently held by the Colo- ing water from other water users and recog- OF COST-SHARING OBLIGATION.—The uncom- rado Water Resources and Power Develop- mitted portion of the cost-sharing obligation nizes that all of the water users in the area ment Authority in trust for the eventual must work together to ensure reliable water of the State of Colorado referred to in sec- construction of the Animas-LaPlata Project; tion 6(a)(3) of the Colorado Ute Indian Water supplies for all of the residents of the area. and 4. The Board expresses its appreciation to Rights Settlement Act of 1988 (Public Law Wheras, the state of Colorado acting the water users in Southwestern Colorado 100–585), as added by section 3 of this Act, re- through the offices of Governor Roy Romer for their support for this resolution of the mains available after the date of payment of and Lieutenant Governor Gail Schoettler Indian reserved rights claims and the Board the amount specified in that section and have sponsored a series of meetings in an ef- comments the non-Indian project supporters may be used to assist in the funding of any fort to resolve objections to the construction who sacrificed so much in order to achieve a component of the Animas-La Plata Project of the Animas-LaPlata Project, to allow the settlement acceptable to the Colorado Ute that is not described in such section 6(a)(3). fulfillment of the provisions of the Colorado Indian Tribes. Ute Indian Water Rights Settlement and to 5. The Board expresses its appreciation to RESOLUTION reach a consensus which would allow the the water users in the state of New Mexico The Colorado Water Conservation Board in project to be completed and; and New Mexico’s officials and Congressional regular session meeting this 25th day of No- Whereas, the process convened by Gov- delegation for their support of the negotia- vember 1997, is hereby resolved that: ernor Romer and Lieutenant Governor tions leading to Animas-LaPlata Lite. Whereas, the Colorado Water Conservation Schoettler resulted in two proposals to com- 6. The Board expresses its appreciation to Board is the state agency responsible for the ply with the terms of the Colorado Ute In- the U.S. Department of the Interior, Envi- conservation and development of the waters dian Water Rights Settlement. The proposal ronmental Protection Agency, the environ- of the state apportioned to Colorado by from persons and entities opposing the con- mental groups and others who contributed interstate compact, and the encouragement struction of the Animas-LaPlata Project significantly to the series of meetings con- of the development of those waters for the called for a cash settlement fund for the vened by Governor Romer and Lieutenant benefit of the citizens of the state of Colo- Tribes in lieu of Project construction. This Governor Schoettler. rado, all as more fully set forth in C.R.S. proposal was rejected by both Tribes. On the 7. The Board encourages the Colorado dele- § 37–60–106; and other side of the process, the Colorado Ute gation to unanimously endorse and support Whereas, from 1968 to the present, the Col- Indian Tribes, the Animas-LaPlata Water legislation necessary to effectuate the modi- orado Water Conservation Board has been Conservancy District Board of Directors, fied Animas-LaPlata Project (Animas- continually on record in support of the con- New Mexico water users and ultimately Gov- LaPlata Lite) and to effectuate the Colorado struction of the Animas-LaPlata Project, a ernor Romer and Lieutenant Governor Ute Indian Water Right Settlement. Colorado River Storage Project Act partici- Schoettler have endorsed a proposal to con- 8. The Board instructs its Director to en- pating project; and struct a modified and downsized Animas- sure that its a official position concerning Whereas, the Director of the Colorado LaPlata Project; and the construction of the modified Animas— Whereas, the downsized Animas-LaPlata Water Conservation Board and its members LaPlata Project and the necessity of comply- Project, often referred to as Animas-LaPlata have regularly testified before Committees ing with the Colorado Ute Indian Water Lite, contemplates the construction of the of the U.S. Congress in support of the con- Rights Settlement is conveyed to the two Ridge’s Basin Reservoir and a pumping plant struction of the Animas-LaPlata Project; Ute Tribes each of the members of the Colo- and pipeline from the Animas River, with and rado Congressional delegation, to the Sec- the water stored in the Reservoir to be used Whereas, the Colorado Water Conservation retary of the Interior, to the Administrator to satisfy the two Ute Indian Tribes claims Board, together with other agencies and in- of the Environmental Protection Agency, to and for municipal and industrial purposes in the New Mexico Congressional delegation, to strumentalities of the state of Colorado, par- the Animas River Basin; and ticipated in the negotiation of the Colorado Whereas, the U.S. Fish and Wildlife Serv- the appropriate officials in each of the Colo- Ute Indian Water Rights Settlement of 1986 ice has completed its Endangered Species rado River basin states, to the Chairman of which served to resolve all of the reserved Act Section 7 consultation on the project the Navajo Nation, to the Director of the Na- water rights claims of the two Colorado Ute and has authorized the construction of the tive American Rights Fund and to the mem- Indian Tribes in a way that produced comity, facilities which are described in the Animas- bers of the Colorado General Assembly and cooperation and harmony in the allocation LaPlata Lite proposal together with an enti- other interested officials. of the rivers of Colorado’s Southwest; and tlement to make an annual depletion to the Whereas, a feature of that settlement was San Juan River system of 57,100 acre-feet; RESOLUTION NO. 97–160 OF THE SOUTHERN UTE the agreement by the state of Colorado, the and INDIAN TRIBE citizens of Southwestern Colorado, the fed- Whereas, the project participants have Whereas, authority is vested in the South- eral government and the two Colorado Ute agreed on the allocation of the depletions ern Ute Indian Tribal Council by the Con- Indian Tribes that the construction of the and the necessity of constructing the author- stitution adopted by the Southern Ute In- Animas-LaPlata Project and the allocation ized facilities; and dian Tribe and approved November 4, 1936, of a portion of the water supply from that Whereas, the Bureau of Reclamation has and amended October 1, 1975, to act for the project to the two tribes would be a part of completed a supplemental environmental Southern Ute Indian Tribe; and the resolution of the Colorado Ute Indian re- impact statement at a cost of more than $10 Whereas, under the provisions of Article serve water right claims and in particular, million; and VII, Section 1(c) of said Constitution, the March 17, 1998 CONGRESSIONAL RECORD — SENATE S2119 Tribal Council has the inherent power to act 6, 1940 and subsequently amended, provides thority’’) was created by the Colorado Legis- regarding the water rights of the Southern in Article III that the governing body of the lature in 1981 to ‘‘initiate, acquire, con- Ute Indian Tribe and under the provisions of Ute Mountain Ute Tribe is the Ute Mountain struct, maintain, repair, and operate Section 1(n) has the power to protect and Ute Tribal Council and sets forth in Article projects’’ in furtherance of Colorado’s de- preserve the property and natural resources V the powers of the Ute Tribal Council exer- clared public policy concerning protection, of the Southern Ute Indian Tribe; and cised in this Resolution; and development, and beneficial use of the water Whereas, the Southern Ute Indian Tribe Whereas, the Tribal Council is responsible of this state, and was empowered to finance has negotiated a settlement of their reserved for the advancement and protection of the the construction of water projects in the water rights which were the subject of litiga- water resources of the Ute Mountain Ute state; and tions in the Colorado water courts; and Tribe; and Whereas, on February 3, 1982, by Senate Whereas, on December 10, 1986, the South- Whereas, the Ute Mountain Ute Indian Joint Resolution No. 82–6, the Authority was ern Ute Indian Tribe entered into the Colo- Tribe negotiated a settlement of its reserved authorized pursuant to C.R.S. § 37–95–107 to rado Ute Indian Water Rights Final Settle- water rights which were the subject of litiga- proceed with consideration of the Animas-La ment Agreement of 1986 which has as its tion in the Colorado water courts in the Plata Project located in southwestern Colo- foundation, the construction of the Animas- 1980’s; and rado; and La Plata Project; and Whereas, on December 10, 1986 the Ute Whereas, on June 30, 1986, the Authority Whereas, in 1988, legislation was enacted Mountain Ute Indian Tribe entered into the executed and entered into the Agreement in Colorado Ute Indian Water Rights Settle- by the United States Congress which would Principle concerning the Colorado Ute In- ment Agreement of 1986 which settled out- implement portions of the Colorado Ute In- dian Water Rights Settlement and Binding standing federal and state water disputes in dian Water Rights Final Settlement Agree- Agreement for Animas-La Plata Project Cost Southwest Colorado, and has as its founda- ment of 1986; and Sharing. The other parties to that agree- tion, the construction of the Animas-La Whereas, certain members of Congress, ment are the State of Colorado, the Animas- Plata Project; and La Plata Water Conservancy District, the with the support and encouragement of var- Whereas, in 1988, legislation was enacted ious environmental groups including the Si- New Mexico Interstate Stream Commission, by the United States Congress which imple- Montezuma County, Colorado, the Southern erra Club, have refused to recognize and mented portions of the Colorado Ute Indian abide by the federal trust responsibility to Ute Indian Tribe, the Ute Mountain Ute In- Water Rights Settlement. Central to the Set- dian Tribe, the San Juan Water Commission, carry out the letter and the spirit of the Col- tlement is a commitment by the United and the United States Secretary of the Inte- orado Ute Indian Water Rights Final Settle- States and the State of Colorado to develop rior, and the Agreement provides for the con- ment Agreement of 1986 and 1988 implement- storage capacity to hold for present and fu- struction of the facilities of the Animas-La ing legislation, which refusal sets a dan- ture tribal economic uses, unappropriated Plata Project ‘‘or mutually acceptable alter- gerous precedent for all Indian tribes; and waters from the Animas River; and Whereas, since 1988, the enforcement of the Whereas, in the past decade opponents of natives’’ in phrases I and II; for cost sharing Endangered Species Act and other environ- the project have criticized the environ- of the construction costs of the identified mental laws, as well as new budget priorities mental and financial costs of the proposal fa- Phase I facilities; and for non-federal financ- in Congress, have halted the construction of cility—the Animas-La Plata Project; and ing of the identified Phase II facilities; and the Project and caused the United States to Whereas, in an effort to make peace with Whereas, on December 10, 1986, the State of fail to live up to its solemn obligations under environmental opponents and others the Ute Colorado, the Ute Mountain Ute Indian the settlement; and Mountain Ute Tribe has participated in pub- Tribe, the Southern Ute Indian Tribe, the Whereas, under the leadership of Governor lic discussions led by Governor Romer and United States Department of the Interior, Romer and Lieutenant Governor Schoettler, Lt. Governor Schoettler for the past year to the United States Department of Justice, the the Southern Ute Indian Tribe, the Ute explore ways of accommodating the interests Animas-La Plata Water Conservancy Dis- Mountain Ute Indian Tribe, and other sig- of environmental and fiscal opponents; and trict, the Dolores Water Conservancy Dis- natories to the 1986 Agreement have been en- Whereas, as a result of these public discus- trict, the Florida Water Conservancy Dis- gaged for the past year in discussions with sions, the Tribe and other project stakehold- trict, the Mancos Water Conservancy Dis- the project opponents about potential alter- ers have agreed to 2⁄3 less water supply from trict, the Southwestern Water Conservation natives to the Project; and a significantly reduced facility (almost District, the City of Durango, the Town of Whereas, the Southern Ute Indian Tribal eliminating all environmental impacts by Pagosa Springs, the Florida Farmers Ditch Council received a presentation from SUGO fully complying with the Endangered Species Company, the Florida Canal Company, and regarding the proposed Southern Ute Land Act and dropping the cost to taxpayers by Fairfield Communities, Inc. entered into the and Legacy Fund and requested the project 2⁄3); and Colorado Ute Indian Water Rights Final Set- opponents to attend a public meeting in the Whereas, the opponents have proposed an tlement Agreement; and vicinity of the Reservation to discuss the alternative which, in lieu of providing the re- Whereas, the Congress of the United States Animas River Citizens’ Coalition proposal; gion with new and economically viable water adopted and ratified the Colorado Ute Indian and supplies, proposes to provide the two Colo- Water Rights Settlement by passage of the Whereas, the Southern Ute Indian Tribal rado Ute Tribes with funds with which to Colorado Ute Indian Water Right Settlement Council has carefully considered the advan- buy available undeveloped lands and any di- Act of 1988; and Whereas, on November 10, 1989, the Author- tages and disadvantages of the Animas River rect flow water rights associated with such ity entered into an Escrow Agreement with Citizens’ Coalition proposal as an alternative lands which are on the market from time to the United States Department of the Interior to carry out the intent of the 1986 Settle- time, together with a possibility of expand- and the State Treasurer of the State of Colo- ment Agreement and 1988 Settlement Act: ing existing storage facilities; and Whereas, the Ute Mountain Ute Tribal rado pursuant to which certain funds of the Now, therefore be it Council has evaluated the land and direct Authority were deposited into the Animas- Resolved, That the Southern Ute Indian flow water rights acquisition alternative. La Plata Escrow Account with the Colorado Tribal Council acting for and on behalf of the During this evaluation not one member of State Treasurer for disbursement of up to Southern Ute Indian Tribe, hereby deter- the United States congress nor one major 42.4 million dollars to the United States to mines that Animas River Citizens’ Coalition federal or State of Colorado official has come defray a portion of the construction costs of proposal will not meet the tribal objectives forward to urge that the Tribe’s best inter- certain Phase I facilities of the Animas-La that were to be accomplished under the 1986 ests would be served by the land and water Plata Project. The Escrow Agreement pro- Settlement Agreement and 1988 Settlement acquisition proposal: Now therefore be it vides that upon the occurrence of certain Act because among other things, that pro- Resolved, That the Ute Mountain Tribal events the Authority may order cessation of posal does not provide the Tribe with cer- Council hereby determines that the land and the disbursements from the escrow account, tainty that it will receive a firm supply of direct flow water rights fund and facility ex- and in addition that the Escrow Agreement water from a reliable source that can be used pansion proposed by the Animas River Citi- will terminate upon the occurrence or non- to meet its present and future needs on the zen’s Coalition fails to provide the Tribe occurrence of certain events; and west side of the Reservation; and be it fur- with the basic commitment made by the Whereas, current discussion and negotia- ther United States and the State of Colorado in tions among parties concerned in the devel- Resolved, That the Chairman is authorized 1988—namely a reliable firm supply of water opment and construction of the Animas-La to send a copy of this resolution to the Lieu- to meet present and future needs of the Plata Project have resulted in the develop- tenant Governor. Tribe. ment of a proposal to reconfigure the project This Resolution was duly adopted on the The foregoing Resolution was duly adopted by eliminating or delaying construction of 7th day of October, 1997. on this 22nd day of October, 1977. certain facilities. The reconfigured proposed project is sometimes referred to as Animas- RESOLUTION NO. 4364 OF THE UTE MOUNTAIN RESOLUTION NO. 98–5, COLORADO WATER RE- La Plata Project ‘‘Lite’’; and UTE TRIBAL COUNCIL; REFERENCE: CONCLU- SOURCES AND POWER DEVELOPMENT AUTHOR- Whereas, the Animas-La Plata ‘‘Lite’’ pro- SION OF ROMER-SCHOETTLER WATER SETTLE- ITY AFFIRMING CONTINUED SUPPORT FOR THE posal contemplates reduction of Colorado’s MENT NEGOTIATION PROCESS ANIMAS-LA PLATA PROJECT cost sharing obligation for the project to $16 Whereas, the Constitution and By-Laws of Whereas, the Colorado Water Resources million, with the remaining principal of $26.4 the Ute Mountain Ute Tribe, approved June and Power Development Authority (‘‘the Au- million currently in the Animas-La Plata S2120 CONGRESSIONAL RECORD — SENATE March 17, 1998 Escrow Account and committed for cost tions with the environmental analysis has downsized Animas-La Plata water project sharing on construction of the project to be been that the examination of alternatives is has given another boost to a compromise held in escrow and not disbursed pending deficient. plan that slashes both A-LP’s cost and its possible future construction of the remain- Last year, the project proponents asked us environmental impact by about two-thirds. ing facilities of the Animas-La Plata to convene talks among all sides to see if a As originally proposed, A-LP would have Project; and consensus solution could be reached. drawn 190,000 acre-feet annually from the Whereas, the Authority has and continues Through sometimes heated debate, the Animas River at an estimated cost to tax- to support the construction of the Animas- ‘‘Romer-Schoettler Process’’ whittled an ini- payers of $714 million. ‘‘Animas-La Plata La Plata Project, and has evidenced this sup- tial list of 65 options to two basic alter- Lite,’’ as the compromise was inevitably port by voluntarily committing up to $42.4 natives. dubbed, would draw only 57,100 acre-feet million for construction of the Project. Project proponents, including the Tribes, from the river, at a cost of $257 million. Now therefore, be it resolved by the Board reduced the size of the project drastically. Even so, A-LP Lite would still meet the le- of Directors of the Colorado Water Resources They cut many project features, principally gitimate claims of the Southern Ute and Ute and Power Development Authority at a regu- non-Indian irrigation. Throughout this dif- Mountain Ute tribes by satisfying the Colo- lar meeting of the Authority on February 6, ficult process, the Tribes steadfastly main- rado Ute Indian Water Rights Settlement 1998, as follows: tained their desire for construction of a res- Act of 1988. The majority of the original 1. The Authority reaffirms its continuing ervoir to hold water which can be an asset project’s benefits would have gone to non-In- support for construction of the Animas-La for future generations. dian users. The scaled-back project elimi- Plata Project. Project opponents developed an alternative nates most non-Indian benefits. 2. The Authority affirms its willingness, involving no reservoir. The alternative calls That’s as it should be. The Utes were origi- subject to agreement by the other signato- for the United States to pay money to the nally granted all of Colorado’s Western Slope ries, to enter into appropriate amendments Tribes that can be used to buy land and before being systematically robbed in a se- to the agreements to which it is a party (in- water, or to develop water from other exist- ries of land grabs that reduced them to their cluding the 1986 Cost Sharing Agreement and ing water projects on other rivers which present modest reservations. Colorado and the 1989 Escrow Agreement) to reflect and to have already been adjudicated under the set- the federal government thus have an obliga- provide for (1) construction of the so-called tlement agreement. tion to the Utes that is far greater than to Animas-La Plata ‘‘Lite’’ Project, with Colo- Both Tribal Councils rejected this alter- non-Indian water users in the area. And as rado’s cost sharing obligation limited to $16 native by official resolutions. Romer noted last week, A-LP Lite is ‘‘the million to be disbursed from the existing It was therefore clear that the Romer- most realistic way of keeping our obligation Animas-La Plata Project Escrow Account Schoettler Process, having made substantial to the Indian community.’’ under acceptable terms, and (2) to provide progress, could not bridge the gap between Romer and Schoettler plan to meet with for the continuing escrow of the remaining these fundamentally different proposals. Re- Interior Secretary Bruce Babbitt and Carol principal of $26.4 Million now on deposit in cently, the Tribes asked us to take a posi- Browner, the head of the Environmental Pro- the Animas-La Plata Escrow Account for a tion on the two alternatives. Therefore, yes- tection Agency, to promote the compromise. mutually acceptable period of time pending terday we went to Santa Fe, New Mexico, to We wish them success in their expressed de- possible future construction of the remain- meet with Tribal leaders and other project sire of convincing the next session of Con- ing facilities of the Animas-La Plata participants. gress to fund the compromise plan. Project, with all interest accruing upon said At that meeting, we reaffirmed our con- Schoettler deserves particular credit for principal being paid to and retained by the tinuing obligations of the State of Colorado midwifing what we hope will be a successful Authority for its use. to work cooperatively under the 1986 settle- conclusion to this long-running controversy. ment agreement, to find and support a solu- The lieutenant governor led a series of medi- GOV. ROY ROMER AND LT. GOV. GAIL tion to the Animas-La Plata controversy. We ation sessions between project supporters SCHOETTLER—CONCERNING THE ANIMAS-LA have maintained that any solution should be and environmentalists opposed to A-LP. PLATA WATER PROJECT fiscally and environmentally responsible. While Schoettler did not succeed in bringing Today, we are announcing our support for Because of that obligation, and the Tribes’ the two sides to a consensus, her efforts went ‘‘A–LP Lite’’—the scaled-down version of the legitimate desire for a reservoir, we endorsed a long way toward crafting the attractive Animas-La Plata water project. This pro- the proposal of the project participants for compromise she and Romer endorsed last posal saves nearly $400 million from the construction of a significantly reduced week. For that, taxpayers, Indians—and even original project and is less environmentally project. This alternative is more cost-effec- those environmentalists willing to settle for damaging than the original project. Most im- tive and has fewer environmental impacts two-thirds of a loaf—can be grateful. portantly, it satisfies the state’s obligations than the original project configuration. It to deliver water to the Southern Ute and Ute was developed to fit within all the environ- [From the Denver Post, Feb. 8, 1998] Mountain Ute Tribes. mental compliance documentation and ap- THE PRICE IS LITE provals that have been done to date. We will In 1986, the State of Colorado, non-Indian Congressional supporters of a radically be working with the project proponents and water users in Southwest Colorado and New downsized Animas-La Plata plan are hoping the State of New Mexico to develop legisla- Mexico, and the United States, entered into to introduce a bill later this week to fund tion for introduction in Congress that will a landmark settlement agreement with the the long-delayed water project in southwest- authorize this alternative. Southern Ute and the Ute Mountain Ute ern Colorado and to at last assure the South- Yesterday, we also committed to meet as Tribes. This agreement quantified the ern Ute and Ute Mountain Utes of the rights soon as possible with Interior Secretary Tribes’ entitlement to reserved water rights to ‘‘wet water’’ that they have been denied Bruce Babbitt and EPA Administrator Carol on 11 rivers in Southwest Colorado. for more than a century. Browner. The purpose of our meetings will be The settlement agreement set a national The new ‘‘Animas Lite,’’ as the proposal is to convey our support for the Tribes’ and standard for cooperation between Indian nicknamed, would cost the federal govern- proponents’ alternative. We also will express Tribes and non-Indians. It settled potentially ment just $257 million, less than a third of our strong belief that the results of the expensive and divisive litigation. It pro- the original $744 million tab. Romer-Schoettler process should be used to tected the water rights of non-Indians in The project’s environmental impact has ‘‘fill-in-the-gaps’’ of the alternatives analy- Southwest Colorado. It maintained the fab- also been radically reduced. Originally it sis that the EPA found deficient. We will ric of Indian and non-Indian societies and would have diverted 150,000 acre-feet of water seek definite commitments from them as to economies. per year from the Animas River. Now it will whether they will require any additional in- To comply with the agreement, the state take only 57,100 acre-feet. But the cutbacks formation. If so, we will ask them to define has paid or set aside $60.8 million, and has came mostly at the expense of non-Indian the precise time frames for this information agreed to the adjudication of reserved water users, and both Ute tribes strongly support so that we can work with the Tribes to intro- rights by the Tribes. The only remaining ob- the compromise. duce legislation in the next Congress. ligation under the agreement is for the Lt. Gov. Gail Schoettler, who led a year- We appreciate and value the relationship United States to fund and build the Animas- long mediation effort, deserves much of the between the State of Colorado and the La Plata water project. The project is nec- credit for mid-wifing the less expensive, Southern Ute and Ute Mountain Ute Tribes. essary to satisfy the Tribes’ water claims on more environmentally acceptable alter- Honoring our promises under the 1986 settle- the Animas and La Plata Rivers. native, which has also been endorsed by Gov. ment agreement is critical to that relation- Yet after 10 years the project has not been Roy Romer. ship. We will continue to work closely with built. Controversy and lawsuits have delayed The upcoming bill to fund the compromise the Tribes and water users of Southwest Col- the start of construction. Each year, Con- will probably have the support of seven of orado to make sure those promises are kept. gress debates whether to continue funding the eight members of Colorado’s congres- the project. The Interior Department has sional delegation. The sole holdout is likely [From the Denver Post, Nov. 23, 1997] conducted a number of studies which the to be Rep. Diana DeGette, D-Denver, who has courts or the Environmental Protection ANIMAS LITE LOOKS GOOD tended to take the parochial attitude that Agency have found inadequate. We under- Gov. Roy Romer and Lt. Gov. Gail the southwestern Colorado project doesn’t stand that one of the EPA’s primary objec- Schoettler’s endorsement last week of the benefit her district. March 17, 1998 CONGRESSIONAL RECORD — SENATE S2121 The Post would like to gently remind Rep. The Utes have waited a long time for the Romer-Schoettler discussions rather than re- DeGette that the federally funded light rail water they have coming, and they’ve reduced quiring yet another reopening of the envi- project in southwest Denver provides no di- their claims to help make Animas-La Plata ronmental impact statement for the project rect benefit to southwest Colorado, either— Lite possible. Animas-La Plata Lite ought to to study more alternatives. but we haven’t seen Rep. Scott McInnis be built as soon as possible. That remains to be seen, of course. But scowling at that crucial link in Colorado’s give Romer and Schoettler credit for decid- overall transportation needs. Our small state [From the Pueblo Chieftain, Nov. 21, 1997] ing to push such an idea with Babbitt and delegation needs to remember Benjamin IT’S HIGH TIME Browner. And if the governor and lieutenant gov- Franklin’s admonition that ‘‘unless we all The Romer administration has dropped its ernor appeared decidedly ambiguous about hang together, we’ll all hang separately.’’ neutrality on the Animas-La Plata Project More importantly, Animas Lite isn’t so taking sides a few weeks ago—their Oct. 30 in southwestern Colorado to support what’s much about water as about justice for the letter to Babbitt and Browner took no posi- being called Animas-La Plata Lite. Utes, who once owned all the Western Slope Gov. Roy Romer and Lt. Gov. Gail tion on either alternative and said it was up before being systematically robbed of most Schoettler on Tuesday announced their sup- to the federal agencies to resolve the issue— of their lands. port of the scaled-back plan to provide water that ambiguity is gone now. The insulting alternative to Animas Lite for two Indian tribes in Colorado and north- ‘‘We both favor A–LP Lite as the most re- proposed by the Sierra Club—giving the Utes west New Mexico. The revised proposal alistic way to meet our commitments to the a cash handout—has been unanimously re- would cost an estimated $250 million instead tribes,’’ Romer said. ‘‘We want to expedite jected by both tribal councils. of $740 million for the full project. the decision-making process so we can get it Animas-La Plata has been debated for before Congress in the next session.’’ more than 30 years. It’s time for the govern- The Southern Ute and Ute Mountain Ute tribes suggested the smaller project earlier Echoed Schoettler. ‘‘Our job now is to push ment to keep its word to the Utes and build this forward to meet our commitments to the compromise project. this year to get the long-stalled project going. A–LP, first authorized by Congress 29 the tribes.’’ Given Romer’s position as chairman of the years ago as an irrigation project, was [From the Durango Herald, Nov. 23, 1997] Democratic National Committee and amended in 1986 to include water rights BUILD A-LP LITE Schoettler’s own eminent stature within the claims by the tribes which were agreed to in ROMER-SCHOETTLER PROCESS DID ITS JOB—IN- Democratic Party, the two are in positions a treaty with the United States. Since then, CLUDING PRODUCING A-LP LITE; NOW IT’S to have a great deal of influence on Babbitt, though, environmental groups have fought TIME TO BUILD IT Browner and others in the Clinton adminis- the project at every juncture. No single solution to how to provide the Part of their strategy of delay has been to tration. They are less likely, of course, to influence Southern and Ute Mountain Utes the water drive up the cost almost geometrically. Thus opponents of the Animas-La Plata, who will they have coming resulted from the Romer- opponents have aligned themselves with a undoubtedly take Tuesday’s announcement Schoettler negotiating process. Far from it. smattering of fiscally conservative Repub- as a form of betrayal by the governor and Project proponents still have a reservoir in licans and liberal Democrats in hypo- lieutenant governor. their plan to store new water, while oppo- critically decrying the project’s cost. nents proposed to strip existing summer A–LP Lite would halve the amount of Romer stressed Tuesday that he didn’t water from purchased irrigated land. water diverted for municipal and other uses want this process dragged out by litigation But while the process consumed a year—an and would suspend a plan to irrigate non-In- and delay. Unfortunately, he and Schoettler additional delay that benefits project oppo- dian lands. The amount of water for the will be hard-pressed to convince the Sierra nents who want nothing built—the process tribes would be cut, although they now Club and its minions of that. The Romer ad- was far from wasted. would receive the lion’s share of it. ministration should be prepared to commit Out of it came much-reduced project that During this week’s announcement, the gov- all of the state’s resources at its disposal to would be much more all-Indian. While rel- ernor said he believed the state has an obli- overcome the relentless obstructionism of atively small amounts of municipal water gation to the tribes, which it does. So does the environmental community to, at long remain, almost entirely eliminated is the the federal government, which should not ab- last, fulfill the long-denied water promises large non-Indian irrigation component. And rogate yet another treaty with the Indians, to Colorado’s Ute Indians. the two Ute tribes have agreed to accept one- even though the Sierra Club continues to op- Mr. ALLARD. Mr. President, I want third less water at no charge in exchange for pose any project other than buying existing to add my support to the Colorado Ute the originally negotiated larger amount at water rights and giving them to the tribes. Indian Water Rights Settlement Act of cost. With the weight of the state government In these times of federal budget-balancing, 1998. now behind A–LP Lite, the federal govern- The project that is before us now rep- and support for free-flowing rivers, the ment should press ahead. Three decades of smaller Animas-La Plata Lite is a big step dickering has done no one any good—except resents a scaled down version of what forward. those who make their livelihoods being pub- was originally promised. In contrast, the scheme of land purchases lic pests. This project will be inexpensive the handful of project opponents proposed enough to allow it to pass through Con- has little substance. They would find some [From the Daily Sentinel, Nov. 19, 1997] storage in existing reservoirs, but the bulk gress and finally do something towards of the water would be available in the spring STATE LEADERSHIP, AT LONG LAST, ON A–LP fulfilling the obligations of the United and summer only. Ignored in their plan was The era of delays on the Animas-La Plata States to the Tribes and their mem- the awkward picture of Florida Mesa lands Water project must end, Gov. Roy Romer bers, while at the same time not being stripped of water, and just how downstream and Lt. Gov. Gail Schoettler declared Tues- so scaled down and cheap as to fail to return-flow water users would be com- day. It’s time to move forward with the live up to the promise our government pensated. scaled-down version of the project known as made years ago. Though billed as less expensive than A–LP Lite. The Ute Tribes have accepted this Animas-La Plata Lite and as helping to ful- That is the very welcome and long-overdue fill the Southern Utes’ desire to own more of message Romer and Schoettler delivered to proposal even though it is significantly the land within the external boundaries of Ute Indian tribal leaders at a meeting in less than what they were first offered. their reservation, the land purchases would Santa Fe Monday, the same message they As to whether they are doing this be- fall far short of providing the Utes with the promise to take to U.S. Secretary of Interior cause a smaller project fits all their kind of water they are owed and would raise Bruce Babbitt and EPA Director Carol needs, or because they are realistic plenty of new environmental issues. Browner in the next few weeks. enough to admit that the long history Last week, Gov. Roy Romer and Lt. Gov. One might be forgiven for suggesting that of broken treaties is most likely not Gail Schoettler endorsed Animas-La Plata the Romer administration has been at least Lite, and the governor said, if asked, he partially responsible for delays on Animas- about to stop now, I’m sure we all have would urge President Bill Clinton to build it. La Plata, with its year-long roundtable dis- opinions. The Environmental Protection Agency, cussion that failed to reach any resolution The Utes are willing to accept this granted extensions to complete its studies, between supporters and opponents. deal for a very simple reason: needs to pick up the pace. Removing less But Schoettler and Romer maintained They need water. water from the Animas River, as spelled out Tuesday that the process was important in Anybody here can go to a water cool- ion A-LP Lite, shouldn’t require massive re- narrowing the number of alternatives from er and get a glass of water. But if you writes. The Bureau of Reclamation, which 65 to two and in prompting project support- want to water your garden, you need a sometimes has behaved as though it wished ers to come up with the ‘‘more realistic’’ A– bigger source—a garden hose and a fau- the Animas-La Plata Project would just go LP Lite. Moreover, the two said in a state- away so it could focus on a new mission of wide teleconference with reporters Tuesday, cet. increasing water use efficiency, can’t turn the process could be even more important And if you need to water your farm, its back on the need to build one last dam as and timesaving if federal officials accept the or supply industry, you need a bigger cost-effectively as possible. various alternatives examined during the source yet. S2122 CONGRESSIONAL RECORD — SENATE March 17, 1998 The Ute Indians are hoping they can quire the annuity, but will only permit By Mr. LOTT (for himself and Mr. rely on the Animas La Plata for their the filing of an appeal with the United COCHRAN): water needs, and they are hoping they States Court of Appeals. As a result, S. 1774. A bill to amend the Consoli- can rely on the Government that prom- Mrs. Hairston will be permitted to dated Farm and Rural Development ised them that water to follow through challenge the denial on the merits, Act to authorize the Secretary of Agri- on delivering the water. rather than accept the denial due to culture to make guaranteed farm own- The Act before us focuses on the the failure to file an appeal within ership loans and guaranteed farm oper- three main items needed to fulfill our thirty days. ating loans of up to $600,000, and to in- obligation. It calls for a storage res- I would briefly like to describe the crease the maximum loan amounts ervoir to be built to hold the promised facts which warrant this legislation. with inflation; to the Committee on water, the conveyance needed to trans- Mr. Paul Hairston retired in 1980, Agriculture, Nutrition, and Forestry. port water to the reservoir, and the electing a survivor annuity for Mrs. THE FAMILY FARM CREDIT OPPORTUNITY ACT OF guarantee to the Ute tribes of the Hairston. However, the couple was di- 1998 water in that reservoir. vorced in 1985, entitling Mrs. Hairston Mr. LOTT. Mr. President, I rise today These three things are only, oh, 130 to receive 1⁄2 the retirement benefit to introduce the Family Farm Credit years or so in the coming. The Ute In- under the settlement terms. Mr. and Opportunity Act of 1997, a bill that will dian Tribe signed a treaty with the Mrs. Hairston began receiving benefits correct an inequity in the Farm Serv- U.S. Government in 1868. This treaty in 1988. ice Agency’s (FSA) Guaranteed Loan promised the Ute Indian Tribes a per- The Merit Systems Protection Board, Program. Currently, this program has manent, reliable source of water. which reviews Civil Service retirement upper limits on the amounts that can In 1988, the Colorado Ute Indian claims, concluded Mr. Hairston had be guaranteed by the FSA. Specifi- Water Rights Settlement Act re- failed to register Mrs. Hairston for sur- cally, the two types of loans adminis- affirmed these rights. It called for a vivors benefits following passage of tered under this program—farm owner- much larger project than is before us 1985 law, renewing the survivor annuity ship loans and operating loans—have now. previously selected in 1985. As a result, caps of $300,000 and $400,000, respec- The Ute Indian Tribe would, of the spousal survivor benefits for Mrs. tively. The farm ownership loan cap course, probably still prefer the full Hairston were canceled. Following Mr. was adjusted to its current level in Animas La Plata Project. Those who Hairston’s death in 1995, Mrs. Hair- 1978, while the operating loan cap was favor upholding the word of the United ston’s benefits, her portion of his re- last raised in 1984. That is 20 years ago States government to the Ute Indian tirement benefit under the divorce set- for one and 14 years ago for the other. Tribe would probably prefer the full tlement, ceased. Mrs. Hairston was de- A great deal has changed. Prices have project. However, there are those who nied eligibility as a surviving spouse, gone up and inflation has eroded the don’t seem to care about these matters but did not challenge or appeal the de- value of the caps. Back then, farm own- who have blocked a larger project. nial of eligibility, due to hospitaliza- ership and operating costs could be What we are considering now is tion and poor health. adequately financed within both of smaller, cheaper, and less extensive, I am pleased to introduce this private these cap limits. Not anymore. It is but the beneficiaries of it are willing to relief legislation to assist my constitu- time for a cap correction. compromise. They need something, ent Mrs. Ruth Hairston. While this leg- Given today’s larger and more cap- anything, more than they need an islation represents an extraordinary ital-intensive farming operations, the ideal. measure, the step is necessary in order limits must be raised in order to real- There are many reasons to vote for to permit a federal court appeal of the istically meet the needs of those seek- this project. I think the best reason is denial of eligibility by he Merit Sys- ing financing through the Guaranteed not because it is authorized by Con- tems Protection Board. As I have pre- Loan Program. For example, in my gress, not because it is ratified by the viously stated, this legislation does not home state of Mississippi, poultry is a Supreme Court, not because it is sup- require any specific outcome. The fed- growing industry. In the early 1980’s a ported by the last three Presidents, eral court will review the appeal with typical poultry house cost approxi- and not even because it will save the all the rigor the case deserves. How- mately $65,000. Today the same poultry country over $400 million from the ever, Mrs. Hairston will receive her day house can cost up to $125,000. However, originally agreed-to project. in court and the opportunity to chal- most banks will not finance a begin- The best reason is simply that this lenger the decision by the Merit Sys- ning poultry farm with less than four project should be voted for because it is tems Protection Board to deny eligi- poultry houses. That makes the initial the duty and treaty obligation of the bility. costs $500,000. It is easy to see that a United States to the Ute Indian Tribes. This legislation was brought to my minimum of four poultry houses at a attention by Representative JUANITA cost of $125,000 per house exceeds the By Mrs. FEINSTEIN: MILLENDER-MCDONALD, who has been farm ownership cap level of $300,000 in S. 1773. A bill for the relief of Mrs. pursuing identical legislation in the the Guaranteed Loan Program. This is Ruth Hairston by the waiver of a filing House. I understand Mrs. Hairston is just one example of how the upper lim- deadline for appeal from a ruling relat- under considerable financial pressure its on loans can eliminate qualified ap- ing to her application for a survivor and could face foreclosure on her home. plicants. This type of problem exists annuity; to the Committee on Govern- I am pleased to try to assist Mrs. Hair- throughout the entire agricultural mental Affairs. ston in her appeal. community, not just the poultry indus- PRIVATE RELIEF LEGISLATION Mr. President, I ask unanimous con- try. Mrs. FEINSTEIN. Mr. President, I sent that the text of the bill be printed To address this problem, I am intro- rise this morning to introduce private in the RECORD. ducing the Family Farm Credit Oppor- relief legislation to assist Mrs. Ruth There being no objection, the bill was tunity Act of 1998 which would raise Hairston, of Carson, California. Iden- ordered to be printed in the RECORD, as the cap limits on both the farm owner- tical legislation is proceeding through follows: ship loan and the operating loan to the House, an effort led by Representa- S. 1773 $600,000. tive JUANITA MILLENDER-MCDONALD Be it enacted by the Senate and House of Rep- Mr. President, this is the companion and I am pleased to support this effort. resentatives of the United States of America in bill to the one introduced by Rep- Mrs. Hairston requires this extreme Congress assembled, resentative CHIP PICKERING from Mis- step in order to be able to pursue a fed- SECTION 1. WAIVER OF DEADLINE FOR APPEAL. sissippi. He saw a problem and he has eral court appeal of the Merit Systems For purposes of a petition by Mrs. Ruth proposed a responsible fix. The poultry Protection Board (# CSF 2221413), Hairston of Carson, California, for review of example displays how much agriculture the final order issued October 31, 1995, by the which denied Mrs. Hairston’s eligibility Merit Systems Protection Board with re- has changed since the caps were last for an annuity following the retire- spect to docket number SF–0831–95–0754–I–1, amended twenty years ago. In fact, ment and untimely death of her former the 30-day filing deadline in section 7703(b)(1) while the increase in the cap limits husband. The legislation does not re- of title 5, United States Code, is waived. may seem substantial at first, neither March 17, 1998 CONGRESSIONAL RECORD — SENATE S2123 increase reflects the increase just tions are needed? Who could have ‘‘(2) the average of the Consumer Price caused by inflation. We should at least imagined that biotechnology would Index for the 12-month period ending on Au- keep up with inflation for a program yield such complex seed developments? gust 31, 1996.’’. that has served as a vehicle of oppor- Who could have imagined that farm- SEC. 2. INCREASE IN MAXIMUM AMOUNT OF GUARANTEED FARM OPERATING tunity for the small family farmer. In ers would have the technology to so LOANS; INDEXATION TO INFLATION. today’s budget-minded era, I believe we closely monitor the growth of animals Section 313 of the Consolidated Farm and must find solutions that will not only or that farmers would have the ability Rural Development Act (7 U.S.C. 1943) is correct problems that have been devel- to specifically and scientifically regu- amended— oping over the years, but find solutions late diets in order to achieve faster (1) by striking ‘‘SEC. 313. The’’ and insert- at a relatively low cost to the tax- growth with less fat? ing: payer. That is why my bill increases Mr. President my point is that agri- ‘‘SEC. 313. MAXIMUM AMOUNT OF FARM OPERAT- ING LOANS. the cap limits to specific amounts culture has changed and so has the ‘‘(a) IN GENERAL.—The’’; ($600,000) for the coming year, but also family farmer. The Guaranteed Loan (2) by striking ‘‘subtitle (1) that’’ and in- includes a provision to index both caps Program was designed to help the fam- serting ‘‘subtitle— for inflation beginning in year two. ily farmer. Let’s make sure it is big ‘‘(1) that’’; This last provision will allow the caps enough to do just that. In order to con- (3) by striking ‘‘$400,000; or (2) for’’ and in- to automatically adjust for inflation, tinue this goal, we must address the serting ‘‘$600,000 (increased, beginning with which will provide a long-term fix to needs of today, not of 1978 by providing fiscal year 1998, by the inflation percentage assure that the family farm does not the capital necessary to compete and applicable to the fiscal year in which the be successful in 1998. loan is made or insured); or again outgrow the upper limits of the ‘‘(2) for’’; and farm ownership loan or the operating The family farmer is a larger opera- (4) by adding at the end the following: loan over time. tor relative to 1978 standards. We need ‘‘(b) INFLATION PERCENTAGE.—For purposes I would like to point out that my bill new cap limits that reflect this change. of subsection (a)(1), the inflation percentage will not guarantee acceptance of appli- Mr. President, I want to truly help applicable to a fiscal year is the percentage cations submitted to the FSA. Farmers the family farmer. Mr. President, Mr. (if any) by which— would still have to go through the vig- PICKERING, my colleague in the House ‘‘(1) the average of the Consumer Price orous application process, but if the in- wants to truly help the family farmer. Index (as defined in section 1(f)(5) of the In- dividual is eligible and accepted he or Let’s fix a program that has been ternal Revenue Code of 1986) for the 12- successful in the past in helping this month period ending on August 31 of the pre- she would have the opportunity to re- ceding fiscal year; exceeds ceive adequate financing through a critical sector of our country. Let us ‘‘(2) the average of the Consumer Price farm ownership or operating loan. not stop the progress of our family Index for the 12-month period ending on Au- Mr. President, we must preserve the farmers. Congress should not deny any gust 31, 1996.’’. family farm and continue America’s eligible person in our nation the oppor- tradition of promoting family farmers. tunity to own and operate a family By Mr. FAIRCLOTH: Congress must provide a mechanism farm in order to pursue their idea of S. 1786. A bill to provide for the con- which enables family farmers to re- the American dream. duct of a study and report concerning ceive the necessary funds for ownership Mr. President, I ask unanimous con- the ability of the Centers for Disease and operation of a farming business. sent that the text of the bill be in- Control and Prevention to address the Congress appropriates money for the serted in the RECORD. growing threat of viral epidemics and FSA Guarantee Loan Program each There being no objection, the bill was biological and chemical terrorism; to year. Congress should put this money ordered to be printed in the RECORD, as the Committee on Labor and Human to its best and most efficient use. We follows: Resources. should take a step back and take a S. 1774 CENTERS FOR DISEASE CONTROL AND good look at what a family farmer in Be it enacted by the Senate and House of Rep- PREVENTION LEGISLATION 1997 really is? It is not the 1978 farmer resentatives of the United States of America in Mr. FAIRCLOTH. Mr. President, I with 1978 costs. Of course these pro- Congress assembled, rise today to introduce legislation to grams should be run as efficiently as SECTION 1. INCREASE IN MAXIMUM AMOUNT OF address the growing threats of viral possible. GUARANTEED FARM OWNERSHIP epidemics and bioterrorism in our na- Mr. President, as for the ‘‘family LOANS; INDEXATION TO INFLATION. tion. I have serious concerns that one Section 305 of the Consolidated Farm and farmer,’’ they still exist and are suc- Rural Development Act (7 U.S.C. 1925) is of our nation’s first lines of defense, cessful, but they aren’t the same as amended— the CDC, may not have adequate re- they were 20 years ago. Why? Well, (1) by striking ‘‘SEC. 305. The’’ and insert- sources to address these increasingly let’s look at some of the changes that ing: serious problems. have occurred over this period. ‘‘SEC. 205. MAXIMUM AMOUNT OF FARM OWNER- Scientists meeting at the Inter- First of all, markets have become SHIP LOANS. national Conference on Emerging In- global. Not only do our farmers have to ‘‘(a) IN GENERAL.—The’’; fectious Disease in Atlanta last week compete with each other, but also with (2) by striking ‘‘of (1) the’’ and inserting concluded we were only slightly better farmers around the world—farmers in ‘‘of— prepared today to handle a biologic at- ‘‘(1) the’’; China, Japan, Russia, Canada, Mexico (3) by striking ‘‘security, or (2) in’’ and in- tack than we were in 1991 at the start just to name a few. Technology and re- serting ‘‘security; or of Desert Storm, and we were totally search have both been overwhelmingly ‘‘(2) in’’; ill-prepared then! While the U.S. mili- successful in allowing America to in- (4) by striking ‘‘$300,000’’ and inserting tary prepares to vaccinate our troops crease its production with less land. We ‘‘$600,000 (increased, beginning with fiscal against anthrax, there is currently no are now able to idle environmentally year 1998, by the inflation percentage appli- national plan to protect civilians from sensitive land that is less productive cable to the fiscal year in which the loan is this deadly virus. and therefore ensure that we never re- made or insured)’’; Ironically, the day after the Inter- (5) by striking ‘‘In determining’’ and in- vert back to the ‘‘Dust Bowl’’ days of serting the following: national Infectious Disease conference, the 1930’s. Today farmers live in a cap- ‘‘(b) VALUE OF FARMS.—In determining’’; a business located in Phoenix was ital intensive world. In fact, we cannot and threatened with a bioterrorism attack talk about agriculture today without (6) by adding at the end the following: involving an envelope supposedly mentioning how the industry has dras- ‘‘(c) INFLATION PERCENTAGE.—For purposes soaked with the deadly anthrax virus, tically shifted from a labor-intensive of subsection (a)(2), the inflation percentage sending ten employees to the hospital. industry to an industry dominated by applicable to a fiscal year is the percentage This comes on the heels of an earlier (if any) by which— FBI arrest of two men in Las Vegas capital. ‘‘(1) the average of the Consumer Price Twenty years ago, who could have Index (as defined in section 1(f)(5) of the In- who claimed to have anthrax in their imagined that farmers would be using ternal Revenue Code of 1986) for the 12- possession. satellites to level their land or to tell month period ending on August 31 of the pre- This growing threat is real, and not them exactly where chemical applica- ceding fiscal year; exceeds limited to germs used in war. The first S2124 CONGRESSIONAL RECORD — SENATE March 17, 1998 recorded case of bioterrorism occurred military and intelligence agency col- D’AMATO, Mr. KYL, Mr. GORTON, in 1984, when members of a religious leagues in the biologic and chemical Mrs. FEINSTEIN, Mr. BINGAMAN, cult in Oregon deliberately contami- warfare arena. CDC’s Epidemiologic In- Mrs. MURRAY, Mr. MCCAIN, and nated local salad bars with the sal- telligence Service school produces Mr. DOMENICI): monella bacteria, causing 751 cases of highly trained epidemiologists from S. 1787. A bill to authorize additional fever, diarrhea and abdominal pain. these agencies to deal with these dead- appropriations for United States cus- Their goal had been to incapacitate ly, newly emerging threats. Every toms Service personnel and technology voters so they could sway a local elec- state should have at least one graduate in order to expedite the flow of legal tion. from the Epidemiologic Intelligence commercial and passenger traffic at More recently, we’ve seen many dis- Service School—currently, less than United States land borders; to the eases we thought we’d conquered re- half have someone with these skills. Committee on Finance. appearing in more virulent forms. Additionally, CDC’s National Center UNITED STATES CUSTOMS LEGISLATION Since December, 26 Texans have died for Infectious Diseases, the Public Mr. GRAMM. Mr. President, on be- and hundreds fallen ill from an out- Health Practice Program Office and half of Senators HUTCHISON, KYL, FEIN- break of an invasive Group A strepto- the National Center for Environmental STEIN, BOXER, BINGAMAN, MCCAIN, and coccus bacteria. In Milwaukee, con- Health also play key roles in ensuring DOMENICI (all the Southwest Border taminated drinking water sickened the preparedness of the public health senators), as well as Senators GRASS- 400,000 citizens and sent 4,000 to the response. LEY, D’AMATO, GORTON, and MURRAY, I hospital with over 50 deaths. The legislation I’m introducing today am introducing legislation today which Mr. President, I voiced my concern is simple. It asks that the Centers for will authorize the United States Cus- that the Centers for Disease Control Disease Control report to Congress toms Service to acquire the necessary does not have the resources necessary within sixty days in regard to their re- personnel and technology to reduce to fight these wars with Secretary sources and readiness to respond to the delays at our border crossings with Shalala at the Labor, Health and growing threats of viral epidemics, bio- Mexico and Canada to no more than 20 Human Services Appropriations Sub- logic and chemical threats. I intend to minutes, while strengthening our com- committee hearing last week, and have focus on this when we discuss this at a mitment to interdict illegal narcotics asked that the Subcommittee Chair- future hearing, and am looking forward and other contraband. man, my colleague from Pennsylvania, to learning how we can improve our I am very concerned about the im- pact of narcotics trafficking on Texas Senator Specter join me in holding a ability to address this growing threat. and the nation and have worked closely hearing on the agency’s role and abili- Unfortunately, our public health de- partments are operating under severe with federal and state law enforcement ties to meet these growing threats. Let me take a few moments now to constraints with about one-third lack- officials to identify and secure the nec- essary resources to battle the on- share my concern with my colleagues ing even the most basic technology for slaught of illegal drugs. At the same by asking a question: What do bio- communications or access to advanced time, however, our current enforce- terrorism, natural and manmade disas- training. One thing is certain, not one ment strategy is burdened by insuffi- ters, contaminated food and water sup- link in our public health defense can cient staffing, a gross underuse of vital plies, and epidemics have in common? operate in a vacuum because disease knows no political or geographic interdiction technology and is effec- The answer may come as a surprise— boundaries. tively closing the door to legitimate the lynchpin to combating any of these In the days ahead as we set our prior- trade. life-threatening situations are the 3,000 ities for appropriations and budget, it At a time when NAFTA and the ex- state, county and local health depart- is time, and past time, that we place a panding world marketplace are making ments in this country, working in co- priority on investing in local public it possible for us to create more com- operation with the Centers for Disease health department infrastructure. Oth- merce, freedom and opportunity for Control. erwise, we may find that the cost of people on both sides of the border, it is Most people would be shocked to our neglect is more than any of us are important that we eliminate the border learn that the very network that is willing to pay. crossing delays that are stifling these supposed to play a role in providing a Mr. President, I ask unanimous con- goals. In order for all Americans to first line of defense against these sent that the text of the bill be printed fully enjoy the benefits of growing threats—the 3,000 health departments in the RECORD. trade with Mexico and Canada, we scattered across the United States—are There being no objection, the bill was must ensure that the Customs Service in most cases not computer linked with ordered to be printed in the RECORD, as has the resources necessary to accom- the command center, CDC. Only 40 per- follows: plish its mission. Customs inspections cent of our health departments are on- S. 1786 should not be obstacles to legitimate line today. The remainder need com- Be it enacted by the Senate and House of Rep- trade and commerce. Customs staffing puter hardware, training and man- resentatives of the United States of America in needs to be increased significantly to power to be able to connect. Local Congress assembled, facilitate the flow of substantially in- health departments also need labora- SECTION 1. STUDY CONCERNING THE CAPABILI- creased traffic on both the Southwest- tory capability to be able to test the TIES OF THE CENTERS FOR DISEASE ern and Northern borders, and these agents suspected of causing a threat— CONTROL AND PREVENTION. (a) STUDY.—The Secretary of Health and additional personnel need the modern presently these samples have to be Human Services shall conduct a study con- technology that will allow them to in- shipped off-site to be tested, wasting cerning the ability of, and resources avail- spect more cargo, more efficiently. The valuable response time. able to, the Centers for Disease Control and practical effect of these increases will The warning signs are there. Were Prevention to address the growing threats of be to open all the existing primary in- this a military operation, with the viral epidemics and biologic and chemical spection lanes where congestion is a enemy amassing on our borders, we terrorism. problem during peak hours and to en- would have no hesitation nor would we (b) REPORT.—Not later than 60 days after the date of enactment of this Act, the Sec- hance investigative capabilities on the question the need for additional re- retary of Health and Human Services shall Southwest border. sources. We should do nothing less prepare and submit to the appropriate com- Long traffic lines at our inter- when lives are threatened by disease. mittees of Congress a report concerning the national crossings are counter- CDC forms a triage with state and local results of the study conducted under sub- productive to improving our trade rela- health departments and other impor- section (a), including the recommendations tionship with Mexico and Canada. This tant governmental agencies to combat of the Secretary for improving the ability bill is designed to shorten those lines disease and biologic threats. and resources of the Centers for Disease Con- and promote legitimate commerce, trol and Prevention to address the growing While CDC has become well known threats of viral epidemics and biologic and while providing the Customs Service world-wide as the ‘‘disease detectives,’’ chemical terrorism. with the means necessary to tackle the the public and many of my colleagues drug trafficking operations that are are probably unaware of the work they By Mr. GRAMM (for himself, Mrs. now rampant along the 1,200-mile bor- perform with their law enforcement, HUTCHISON, Mr. GRASSLEY, Mr. der that my State shares with Mexico. March 17, 1998 CONGRESSIONAL RECORD — SENATE S2125 I will be speaking further to my col- January 1, 2000, the median actual acquisi- (2) EFFECTIVE DATE.—The amendments leagues about this initiative and urge tion cost of all claims for payment for such made by paragraph (1) shall apply to partial their support for the bill. drugs, biologicals, or parenteral nutrients hospitalization services furnished on or after for the 12-month period beginning July 1, the first day of the sixth month beginning By Mr. MOYNIHAN: 1998 (and adjusted, as the Secretary deter- after the date of the enactment of this Act. (b) QUALIFICATIONS FOR COMMUNITY MENTAL S. 1788. A bill to amend titles XI and mines appropriate, to reflect changes in the HEALTH CENTERS.—Section 1861(ff)(3)(B) (42 XVIII of the Social Security Act to cost of such drugs, biologicals, or parenteral nutrients due to inflation, and such other U.S.C. 1395x(ff)(3)(B)) is amended by striking combat waste, fraud, and abuse in the factors as the Secretary determines appro- ‘‘entity’’ and all that follows and inserting medicare program; to the Committee priate). the following: ‘‘entity that— on Finance. ‘‘(D) The amount otherwise determined ‘‘(i) provides the mental health services de- THE MEDICARE FRAUD AND OVERPAYMENT ACT under this part. scribed in paragraph (1) of section 1913(c) of OF 1998 ‘‘(2) For purposes of paragraph (1)(A), the the Public Health Service Act; ‘‘(ii) meets applicable licensing or certifi- Mr. MOYNIHAN. Mr. President, I ask term ‘actual acquisition cost’ means, with respect to such drugs, biologicals, or paren- cation requirements for community mental unanimous consent that the text of the teral nutrients the cost of the drugs, health centers in the State in which it is lo- bill be printed in the RECORD. biologicals, or parenteral nutrients based on cated; and There being no objection, the bill was the most economical case size in inventory ‘‘(iii) meets such additional standards as ordered to be printed in the RECORD, as on the date of dispensing or, if less, the most the Secretary shall specify to ensure (I) the follows: economical case size purchased within six health and safety of individuals being fur- S. 1788 months of the date of dispensing whether or nished such services, (II) the effective or effi- not that specific drug, biological, or nutrient cient furnishing of such services, and (III) Be it enacted by the Senate and House of Rep- was furnished to an individual whether or the compliance of such entity with the cri- resentatives of the United States of America in not enrolled under this part. Such term in- teria described in such section.’’. Congress assembled, cludes appropriate adjustments, as deter- SEC. 4. INFORMATION REQUIREMENTS. SECTION 1. SHORT TITLE; AMENDMENTS TO SO- mined by the Secretary, for all discounts, re- (a) INFORMATION FROM GROUP HEALTH CIAL SECURITY ACT; TABLE OF CON- bates, or any other benefit in cash or in kind LANS TENTS. P .—Section 1862(b) is amended by add- (including travel, equipment, or free prod- ing at the end the following: (a) SHORT TITLE.—This Act may be cited as ucts). The Secretary shall include an addi- ‘‘(7) INFORMATION FROM GROUP HEALTH the ‘‘Medicare Fraud and Overpayment Act tional payment for administrative, storage, PLANS.— of 1998’’. and handling costs. ‘‘(A) PROVISION OF INFORMATION BY GROUP (b) AMENDMENTS TO SOCIAL SECURITY ‘‘(3)(A) No payment shall be made under HEALTH PLANS.—The administrator of a ACT.—Except as otherwise specifically pro- this part for drugs, biologicals, or parenteral group health plan subject to the require- vided, whenever in this Act an amendment is nutrients to a person whose bill or request expressed in terms of an amendment to or re- ments of paragraph (1) shall provide to the for payment for such drugs, biologicals, or Secretary such of the information elements peal of a section or other provision, the ref- parenteral nutrients does not include a described in subparagraph (C) as the Sec- erence shall be considered to be made to that statement of the person’s actual acquisition retary specifies, and in such manner and at section or other provision of the Social Secu- cost. such times as the Secretary may specify (but rity Act. ‘‘(B) A person may not bill an individual not more frequently than four times per (c) TABLE OF CONTENTS.—The table of con- enrolled under this part— tents of this Act is as follows: year), with respect to each individual cov- ‘‘(i) any amount other than the payment ered under the plan who is entitled to any Sec. 1. Short title; amendments to Social amount specified in paragraph (1), (4), or (5) benefits under this title. Security Act; table of contents. (plus any applicable deductible and coinsur- ‘‘(B) PROVISION OF INFORMATION BY EMPLOY- Sec. 2. No mark-up for drugs, biologicals, or ance amounts), or ERS AND EMPLOYEE ORGANIZATIONS.—An em- parenteral nutrients. ‘‘(ii) any amount for such drugs, ployer (or employee organization) that main- Sec. 3. Mental health partial hospitalization biologicals, or parenteral nutrients for which tains or participates in a group health plan services payment may not be made pursuant to sub- subject to the requirements of paragraph (1) Sec. 4. Information requirements. paragraph (A). shall provide to the administrator of the Sec. 5. Eliminate overpayments for epogen. ‘‘(C) If a person knowingly and willfully in Sec. 6. Centers of excellence. plan such of the information elements re- repeated cases bills one or more individuals quired to be provided under subparagraph Sec. 7. Repeal of clarification concerning in violation of subparagraph (B), the Sec- levels of knowledge required for (A), and in such manner and at such times as retary may apply sanctions against that per- the Secretary may specify, at a frequency imposition of civil monetary son in accordance with subsection (j)(2). penalties. consistent with that required under subpara- ‘‘(4) The Secretary may pay a reasonable graph (A) with respect to each individual de- Sec. 8. Repeal of expanded exception for dispensing fee (less the applicable deductible risk-sharing contract to anti- scribed in subparagraph (A) who is covered and coinsurance amounts) for drugs or under the plan by reason of employment kickback provisions. biologicals to a licensed pharmacy approved with that employer or membership in the or- Sec. 9. Limiting the use of automatic stays to dispense drugs or biologicals under this ganization. and discharge in bankruptcy part, if payment for such drugs or biologicals ‘‘(C) INFORMATION ELEMENTS.—The infor- proceedings for provider liabil- is made to the pharmacy. ity for health care fraud. ‘‘(5) The Secretary shall pay a reasonable mation elements described in this subpara- Sec. 10. Administrative fees for medicare amount (less the applicable deductible and graph are the following: overpayment collection. coinsurance amounts) for the services associ- ‘‘(i) ELEMENTS CONCERNING THE INDIVID- SEC. 2. NO MARK-UP FOR DRUGS, BIOLOGICALS, ated with the furnishing of parenteral nutri- UAL.— OR PARENTERAL NUTRIENTS. ents for which payment is determined under ‘‘(I) The individual’s name. (a) IN GENERAL.—Section 1842(o) (42 U.S.C. this subsection.’’. ‘‘(II) The individual’s date of birth. 1395u(o)), as added by section 4556(a) of the (b) EFFECTIVE DATE.—The amendments ‘‘(III) The individual’s sex. Balanced Budget Act of 1997, is amended to made by subsection (a) apply to drugs, ‘‘(IV) The individual’s social security in- read as follows: biologicals, and parenteral nutrients fur- surance number. ‘‘(o)(1) If a physician’s, supplier’s, or any nished on or after January 1, 1999. ‘‘(V) The number assigned by the Secretary other person’s bill or request for payment for (c) ELIMINATION OF REPORT ON AVERAGE to the individual for claims under this title. services includes a charge for a drug, biologi- WHOLESALE PRICE.—Section 4556 of the Bal- ‘‘(VI) The family relationship of the indi- cal, or parenteral nutrient for which pay- anced Budget Act of 1997 is amended— vidual to the person who has or had current ment may be made under this part and the (1) by striking subsection (c); and or employment status with the employer. drug, biological, or parenteral nutrient is (2) by redesignating subsection (d) as sub- ‘‘(ii) ELEMENTS CONCERNING THE FAMILY not paid on a cost or prospective payment section (c). MEMBER WITH CURRENT OR FORMER EMPLOY- basis as otherwise provided in this part, the SEC. 3. MENTAL HEALTH PARTIAL HOSPITALIZA- MENT STATUS.— payment amount established in this sub- TION SERVICES ‘‘(I) The name of the person in the individ- section for the drug, biological, or parenteral (a) LIMITATION ON LOCATION OF PROVISION ual’s family who has current or former em- nutrient shall be the lowest of the following: OF SERVICES.— ployment status with the employer. ‘‘(A) The actual acquisition cost, as defined (1) IN GENERAL.—Section 1861(ff)(2) (42 ‘‘(II) That person’s social security insur- in paragraph (2), to the person submitting U.S.C. 1395x(ff)(2)) is amended in the matter ance number. the claim for payment for the drug, biologi- following subparagraph (I)— ‘‘(III) The number or other identifier as- cal, or parenteral nutrient. (A) by striking ‘‘and furnished’’ and insert- signed by the plan to that person. ‘‘(B) 95 percent of the average wholesale ing ‘‘furnished’’; and ‘‘(IV) The periods of coverage for that per- price of such drug, biological, or parenteral (B) by inserting before the period the fol- son under the plan. nutrient, as determined by the Secretary. lowing: ‘‘, and furnished other than in a ‘‘(V) The employment status of that person ‘‘(C) For payments for drugs, biologicals, skilled nursing facility or in an individual’s (current or former) during those periods of or parenteral nutrients furnished on or after home or other residential setting’’. coverage. S2126 CONGRESSIONAL RECORD — SENATE March 17, 1998 ‘‘(VI) The classes (of that person’s family tract shall be less than the aggregate ‘‘An exclusion, penalty, or assessment im- members) covered under the plan. amount of the payments that the Secretary posed under this section or a proceeding that ‘‘(iii) PLAN ELEMENTS.— would have otherwise made for the services. seeks an exclusion, penalty, or assessment ‘‘(I) The items and services covered under ‘‘(d) CONTRACT PERIOD.—A contract period under this section, is not subject to the auto- the plan. shall be 3 years (subject to renewal), as long matic stay under section 362(a) of title 11, ‘‘(II) The name and address to which as the entity continues to meet quality and United States Code. Notwithstanding any claims under the plan are to be sent. other contractual standards. other provision of law, amounts made pay- ‘‘(iv) ELEMENTS CONCERNING THE EM- ‘‘(e) INCENTIVES FOR USE OF CENTERS.—The able under this section are not dischargeable PLOYER.— Secretary may permit entities under a con- under any provision of such title.’’. ‘‘(I) The employer’s name. tract under this section to furnish additional (3) IN RECOUPMENT UNDER PART A OF MEDI- ‘‘(II) The employer’s address. services or waive beneficiary cost-sharing, CARE.—Section 1815(d) (42 U.S.C. 1395g(d)) is ‘‘(III) The employer identification number subject to the approval of the Secretary. amended— of the employer. ‘‘(f) LIMIT ON NUMBER OF CENTERS.—The (A) by inserting ‘‘(1)’’ after ‘‘(d)’’, and ‘‘(D) USE OF IDENTIFIERS.—The adminis- Secretary shall limit the number of centers (B) by adding at the end the following: trator of a group health plan shall utilize a in a geographic area to the number needed to ‘‘(2) The recoupment of an overpayment unique identifier for the plan in providing in- meet projected demand for contracted serv- under this section is not subject to the auto- formation under subparagraph (A) and in ices.’’. matic stay under section 362(a) of title 11, other transactions, as may be specified by (b) EFFECTIVE DATES.— United States Code. Notwithstanding any the Secretary, related to the provisions of (1) The amendment made by subsection (a) other provision of law, amounts due to the this subsection. The Secretary may provide applies to services furnished on or after Oc- Secretary under this section are not dis- to the administrator the unique identifier tober 1, 1998. chargeable under any provision of such title.’’. described in the preceding sentence. (2) By October 1, 1998, the Secretary shall (4) IN RECOUPMENT UNDER PART B OF MEDI- ‘‘(E) PENALTY FOR NONCOMPLIANCE.—Any enter into contracts under the amendment CARE.—Section 1833(j) (42 U.S.C. 1395l(j)) is entity that knowingly and willfully fails to made by subsection (a) for coronary artery amended— comply with a requirement imposed by the by-pass surgery and other heart procedures, (A) by inserting ‘‘(1)’’ after‘‘(j)’’, and previous subparagraphs shall be subject to a knee replacement surgery, and hip replace- ment surgery, in geographic areas nation- (B) by adding at the end the following: civil money penalty not to exceed $1,000 for ‘‘(2) The recoupment of an overpayment wide such that at least 20 percent of the pro- each incident of such failure. The provisions under this section is not subject to the auto- jected number of those procedures can be of section 1128A (other than subsections (a) matic stay under section 362(a) of title 11, provided under such contracts. and (b)) shall apply to a civil money penalty United States Code. Notwithstanding any under the previous sentence in the same SEC. 7. REPEAL OF CLARIFICATION CONCERNING other provision of law, amounts due to the manner as those provisions apply to a pen- LEVELS OF KNOWLEDGE REQUIRED Secretary under this section are not dis- alty or proceeding under section 1128A(a).’’. FOR IMPOSITION OF CIVIL MONE- TARY PENALTIES. chargeable under any provision of such (b) EFFECTIVE DATE.—The amendment title.’’. (a) ELIMINATION OF ‘‘KNOWING’’ STAND- made by subsection (a) shall take effect 180 (5) IN COLLECTION OF OVERDUE PAYMENTS ON ARD.—Section 1128A(a) (42 U.S.C. 1320a–7a(a)) days after the date of enactment of this Act. SCHOLARSHIPS AND LOANS.—Section 1892(a)(4) is amended by striking ‘‘knowingly’’ in para- SEC. 5. ELIMINATE OVERPAYMENTS FOR (42 U.S.C. 1395ccc(a)(4)) is amended by adding graphs (1), (2), and (3). EPOGEN. at the end the following: (b) ELIMINATION OF STATUTORY DEFINITION Section 1881(b)(11)(B)(ii) (42 U.S.C. ‘‘(5) An exclusion imposed under paragraph OF ‘‘SHOULD KNOW’’.—Section 1128A(i) (42 1395rr(b)(11)(B)(ii)) is amended— (2)(C)(ii) or (3)(B) is not subject to the auto- U.S.C. 1320a–7a(i)) is amended by striking (1) in subclause (I)— matic stay under section 362(a) of title 11, paragraph (7). (A) by striking ‘‘provided during 1994’’ and United States Code.’’. (c) EFFECTIVE DATE.—The amendments inserting ‘‘provided before fiscal year 1999’’; (b) NONDISCHARGABILITY.— made by this section shall apply to acts or and (1) IN CIVIL MONEY PENALTY PROCEEDINGS.— (B) by striking ‘‘and’’ at the end; omissions occurring on or after the date of Section 1128A(a) (42 U.S.C. 1320a–7a(a)), as (2) by redesignating subclause (II) as sub- the enactment of this Act. amended by subsection (a)(2), is further clause (III); SEC. 8. REPEAL OF EXPANDED EXCEPTION FOR amended by adding at the end the following: (3) by inserting after subclause (I) the fol- RISK-SHARING CONTRACT TO ANTI- ‘‘Notwithstanding any other provision of KICKBACK PROVISIONS. lowing new subclause: law, amounts made payable under this sec- ‘‘(II) for erythropoietin provided during fis- (a) IN GENERAL.—Section 1128B(b)(3) (42 tion are not dischargeable under any provi- cal year 1999, in an amount equal to $9 per U.S.C. 1320a–7b(b)(3)) is amended— sion of such title.’’. (1) by adding ‘‘and’’ at the end of subpara- thousand units (rounded to the nearest 100 (2) IN RECOUPMENT UNDER PART A OF MEDI- graph (D); units), and’’; and CARE.—Section 1815(d) (42 U.S.C. 1395g(d)(2)), (4) in subclause (III), as so redesignated, by (2) by striking ‘‘; and’’ at the end of sub- as amended by subsection (a)(3), is further striking ‘‘year’’ each place it occurs and in- paragraph (E) and inserting a period; and amended by adding at the end the following: serting ‘‘fiscal year’’. (3) by striking subparagraph (F). ‘‘(3) Notwithstanding any other provision (b) ELIMINATION OF REPORT.—Subsection SEC. 6. CENTERS OF EXCELLENCE. of law, amounts due to the Secretary under (b) of section 216 of the Health Insurance (a) IN GENERAL.—Title XVIII is amended by this section are not dischargeable under any Portability and Accountability Act of 1996 is inserting after section 1896 the following new provision of such title.’’. repealed. section: (3) IN RECOUPMENT UNDER PART B OF MEDI- (c) EFFECTIVE DATES.—(1) The amendments CARE.—Section 1833(j) (42 U.S.C. 1395l(j)), as ‘‘CENTERS OF EXCELLENCE made by subsection (a) shall apply to remu- amended by subsection (a)(4), is further ‘‘SEC. 1897. (a) IN GENERAL.—The Secretary neration provided on or after the date of the amended by adding at the end the following: shall use a competitive process to contract enactment of this Act, regardless of whether ‘‘Notwithstanding any other provision of with specific hospitals or other entities for it is pursuant to an agreement or arrange- law, amounts due to the Secretary under furnishing services related to surgical proce- ment entered into before such date. this section are not dischargeable under any dures, and for furnished services (unrelated (2) Subsection (b) shall take effect on the provision of such title.’’. to surgical procedures) to hospital inpatients date of the enactment of this Act. (c) EFFECTIVE DATES.— that the Secretary determines to be appro- SEC. 9. LIMITING THE USE OF AUTOMATIC STAYS (1) The amendments made by subsection priate. Such services may include any serv- AND DISCHARGE IN BANKRUPTCY (a) shall apply to bankruptcy petitions filed ices covered under this title that the Sec- PROCEEDINGS FOR PROVIDER LI- after the date of the enactment of this Act. retary determines to be appropriate, includ- ABILITY FOR HEALTH CARE FRAUD. (2) The amendments made by subsection ing post-hospital services. (a) NONAPPLICABILITY OF AUTOMATIC STAY (b) shall apply on and after the date of the ‘‘(b) QUALITY STANDARDS.—Only entities PROVISIONS.— enactment of this Act to any proceeding that meet quality standards established by (1) IN EXCLUSION PROCEEDINGS.—Section which has not been completed as of such the Secretary shall be eligible to contract 1128 (42 U.S.C. 1320a–7), as amended by sec- date. tion 4303(a) of the Balanced Budget Act of under this section. In considering quality, SEC. 10. ADMINISTRATIVE FEES FOR MEDICARE the Secretary shall take into account the 1997, is amended by adding at the end the fol- OVERPAYMENT COLLECTION. quality, experience, and quantity of services lowing new subsection: (a) ADMINISTRATIVE FEES FOR PROVIDERS OF of physicians who provide services in more ‘‘(k) NONAPPLICABILITY OF BANKRUPTCY SERVICES UNDER PART A.—Section 1815(d) (42 than one entity. Contracting entities shall STAY.—An exclusion imposed under this sec- U.S.C. 1395g(d)), as amended by section implement a quality improvement plan ap- tion or a proceeding seeking an exclusion 9(a)(3), is amended by adding at the end the proved by the Secretary. under this section is not subject to the auto- following new paragraph: ‘‘(c) PAYMENT.—Payment under this sec- matic stay under section 362(a) of title 11, ‘‘(3)(A) Except as provided in subparagraph tion shall be made on the basis of negotiated United States Code.’’. (B), if the payment of the excess described in all-inclusive rates. The amount of payment (2) IN CIVIL MONEY PENALTY PROCEEDINGS.— paragraph (1) is not made (or effected by off- made by the Secretary to an entity under Section 1128A(a) (42 U.S.C. 1320a–7a(a)) is set) within 30 days of the date of the deter- this title for services covered under a con- amended by adding at the end the following: mination, an administrative fee of 1 percent March 17, 1998 CONGRESSIONAL RECORD — SENATE S2127 of the outstanding balance of the excess into Medicare by paying a full pre- ‘‘Sec. 1859A. Enrollment process; cov- (after application of paragraph (1)), or such mium; (2) it provides displaced workers erage. lower amount as an Administrative Law over age 55 access to Medicare by offer- ‘‘Sec. 1859B. Premiums. Judge may determine upon an appeal of the ‘‘Sec. 1859C. Payment of premiums. initial determination of the excess, shall be ing a similar Medicare buy-in option; ‘‘Sec. 1859D. Medicare Early Access imposed on the provider, for deposit into the and (3) it extends COBRA coverage to Trust Fund. Trust Fund under this part. persons 55 and over whose employers ‘‘Sec. 1859E. Oversight and accountabil- ‘‘(B) The administrative fee shall be im- withdraw retiree health benefits. A ity. posed under subparagraph (A) on a provider more detailed description of the pro- ‘‘Sec. 1859F. Administration and mis- of services paid on a prospective basis only if posal is attached. cellaneous. such provider’s cost report with respect to TITLE II—ACCESS TO MEDICARE BENE- the payment determined to be in excess of THE COST The program is self-financing and is FITS FOR DISPLACED WORKERS 55-TO- the payment due under this part indicates 62 YEARS OF AGE that the provider’s projected costs exceeded largely paid for by premiums from the its actual costs by 30 percent or more.’’. beneficiaries themselves. The financing Sec. 201. Access to medicare benefits for dis- (b) ADMINISTRATIVE FEES FOR PROVIDERS OF placed workers 55-to-62 years of of the program is carefully walled off age. SERVICES OR OTHER PERSONS UNDER PART from the Medicare Part A and Part B B.—Section 1833(j) (42 U.S.C. 1395l(j)), as TITLE III—COBRA PROTECTION FOR amended by section 9(a)(4), is amended by Trust Funds, to ensure that it will not EARLY RETIREES adversely impact the existing program. adding at the end the following new para- Subtitle A—Amendments to the Employee graph: There is a modest cost to the buy-in Retirement Income Security Act of 1974 ‘‘(3) If the excess described in paragraph (1) proposal for 62–65 year-olds because Sec. 301. COBRA continuation benefits for is not made (or effected by offset) within 30 participants would pay the premium in certain retired workers who days of the date of the determination, an ad- two parts: most of the cost would be lose retiree health coverage. ministrative fee of 1 percent of the outstand- paid by the individual up front; a ing balance of the excess (after application Subtitle B—Amendments to the Public of paragraph (1)), or such lower amount as an smaller amount would be paid after Health Service Act Administrative Law Judge may determine they turn 65 years old. Medicare would Sec. 311. COBRA continuation benefits for upon an appeal of the initial determination in effect ‘‘loan’’ participants the sec- certain retired workers who of the excess, shall be imposed on the pro- ond part of the premium until they lose retiree health coverage. vider, or other person receiving the excess, reach 65, when they would make small Subtitle C—Amendments to the Internal for deposit into the Trust Fund under this monthly payments in addition to their Revenue Code of 1986 part.’’. regular Medicare Part B premium. (c) EFFECTIVE DATE.—The amendments Sec. 321. COBRA continuation benefits for made by this section shall apply to final de- That ‘‘loan’’ accounts for most of the certain retired workers who terminations made on or after the date of en- Medicare costs of the legislation, and lose retiree health coverage. actment of this Act. is fully offset by a separate savings TITLE IV—FINANCING from a separate bill to reduce Medicare Sec. 401. Reference to financing provisions. By Mr. MOYNIHAN (for himself, waste, fraud and overpayment that I TITLE I—ACCESS TO MEDICARE BENEFITS Mr. KENNEDY, Mr. DASCHLE, am also introducing at this time. FOR INDIVIDUALS 62-TO-65 YEARS OF AGE Mrs. BOXER, Mr. DODD, Mr. The CBO analysis of this bill found SEC. 101. ACCESS TO MEDICARE BENEFITS FOR DURBIN, Mr. GLENN, Mr. HAR- no impact on the Medicare Part A or INDIVIDUALS 62-TO-65 YEARS OF KIN, Mr. KERRY, Mr. LAUTEN- Part B Trust Funds. The net cost of the AGE. BERG, Ms. MOSELEY-BRAUN, Mr. two bills is virtually zero—an average (a) IN GENERAL.—Title XVIII of the Social ROCKEFELLER, and Mr. of about $60 million per year. CBO also Security Act is amended— TORRICELLI): (1) by redesignating section 1859 and part D predicted that about 410,000 individuals as section 1858 and part E, respectively; and S. 1789. A bill to amend title XVIII of would participate (or 33 percent more the Social Security Act and the Em- (2) by inserting after such section the fol- than first estimated by the Adminis- lowing new part: ployee Retirement Income Security tration). Finally, CBO estimated that Act of 1974 to improve access to health ‘‘PART D—PURCHASE OF MEDICARE BENEFITS the post-65 premium that people ages BY CERTAIN INDIVIDUALS AGE 62-TO-65 insurance and medicare benefits for in- 62–65 would pay would be only $10 per YEARS OF AGE dividuals ages 55 to 65 to be fully fund- month per year—$6 per month, or $72 ed through premiums and anti-fraud ‘‘SEC. 1859. PROGRAM BENEFITS; ELIGIBILITY. less per year, than the Administration ‘‘(a) ENTITLEMENT TO MEDICARE BENEFITS provision, and for other purposes; to estimated. FOR ENROLLED INDIVIDUALS.— the Committee on finance. Mr. President, the problem of health ‘‘(1) IN GENERAL.—An individual enrolled THE MEDICARE EARLY ACCESS ACT OF 1998 insurance for the near elderly is get- under this part is entitled to the same bene- Mr. MOYNIHAN. Mr. President, I rise ting worse. Congress should act now to fits under this title as an individual entitled to introduce a bill to provide access to provide valuable coverage for these in- to benefits under part A and enrolled under part B. health insurance for individuals be- dividuals. ‘‘(2) DEFINITIONS.—For purposes of this tween the ages of 55–65. These individ- Mr. President, I ask unanimous con- uals are too young for Medicare, not part: sent that the full text and summary of ‘‘(A) FEDERAL OR STATE COBRA CONTINU- poor enough to qualify for Medicaid, the bill be printed in the RECORD. ATION PROVISION.—The term ‘Federal or and in many cases, are forced into There being no objection, the items State COBRA continuation provision’ has early retirement or pushed out of their were ordered to be printed in the the meaning given the term ‘COBRA con- jobs in corporate downsizing. RECORD, as follows: tinuation provision’ in section 2791(d)(4) of The ‘‘Medicare Early Access Act’’ is the Public Health Service Act and includes a S. 1789 based on the President’s three-part ini- comparable State program, as determined by tiative announced on January 6, 1998. Be it enacted by the Senate and House of Rep- the Secretary. resentatives of the United States of America in ‘‘(B) FEDERAL HEALTH INSURANCE PROGRAM The bill is a targeted, self-financing Congress assembled, proposal to give older Americans under DEFINED.—The term ‘Federal health insur- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. ance program’ means any of the following: 65 new options to obtain health insur- (a) SHORT TITLE.—This Act may be cited as ‘‘(i) MEDICARE.—Part A or part B of this ance coverage. Many of these Ameri- the ‘‘Medicare Early Access Act of 1998’’. title (other than by reason of this part). cans have worked hard all their lives, (b) TABLE OF CONTENTS.— ‘‘(ii) MEDICAID.—A State plan under title but, through no fault of their own, find Sec. 1. Short title; table of contents. XIX. themselves uninsured just as they are TITLE I—ACCESS TO MEDICARE BENE- ‘‘(iii) FEHBP.—The Federal employees entering the years when the risk of se- FITS FOR INDIVIDUALS 62-TO-65 YEARS health benefit program under chapter 89 of rious illness is increasing. This legisla- OF AGE title 5, United States Code. ‘‘(iv) TRICARE.—The TRICARE program tion attempts to bridge the gap in cov- Sec. 101. Access to medicare benefits for in- (as defined in section 1072(7) of title 10, dividuals 62-to-65 years of age. erage between years when persons are United States Code). in the labor and the age—(65) when ‘‘PART D—PURCHASE OF MEDICARE BENEFITS ‘‘(v) ACTIVE DUTY MILITARY.—Health bene- they become eligible for Medicare. BY CERTAIN INDIVIDUALS AGE 62-TO-65 fits under title 10, United States Code, to an The bill has three parts: (1) It enables YEARS OF AGE individual as a member of the uniformed persons between ages 62 and 64 to buy ‘‘Sec. 1859. Program benefits; eligibility. services of the United States. S2128 CONGRESSIONAL RECORD — SENATE March 17, 1998

‘‘(C) GROUP HEALTH PLAN.—The term ‘group August 31, 1999. Any such enrollment before graph (1)(A)(iii) or (1)(B) shall take effect as health plan’ has the meaning given such July 1, 1999, is conditioned upon compliance of the first day of the month in which the in- term in section 2791(a)(1) of the Public with the conditions of eligibility for July dividual attains 65 years of age or becomes Health Service Act. 1999. entitled to benefits under part A or enrolled ‘‘(b) ELIGIBILITY OF INDIVIDUALS AGE 62-TO- ‘‘(B) SUBSEQUENT PERIODS.—If the individ- for benefits under part B (other than by rea- 65 YEARS OF AGE.— ual is eligible to enroll under such section son of this part). ‘‘(1) IN GENERAL.—Subject to paragraph (2), for a month after July 1999, the enrollment ‘‘SEC. 1859B. PREMIUMS. an individual who meets the following re- period shall begin on the first day of the sec- ‘‘(a) AMOUNT OF MONTHLY PREMIUMS.— quirements with respect to a month is eligi- ond month before the month in which the in- ‘‘(1) BASE MONTHLY PREMIUMS.—The Sec- ble to enroll under this part with respect to dividual first is eligible to so enroll and shall retary shall, during September of each year such month: end four months later. Any such enrollment (beginning with 1998), determine the follow- ‘‘(A) AGE.—As of the last day of the month, before the first day of the third month of ing premium rates which shall apply with re- the individual has attained 62 years of age, such enrollment period is conditioned upon spect to coverage provided under this title but has not attained 65 years of age. compliance with the conditions of eligibility for any month in the succeeding year: for such third month. ‘‘(B) MEDICARE ELIGIBILITY (BUT FOR AGE).— ‘‘(A) BASE MONTHLY PREMIUM FOR INDIVID- ‘‘(2) AUTHORITY TO CORRECT FOR GOVERN- The individual would be eligible for benefits UALS 62 YEARS OF AGE OR OLDER.—A base MENT ERRORS.—The provisions of section under part A or part B for the month if the monthly premium for individuals 62 years of 1837(h) apply with respect to enrollment individual were 65 years of age. age or older, equal to 1⁄12 of the base annual under this part in the same manner as they ‘‘(C) NOT ELIGIBLE FOR COVERAGE UNDER premium rate computed under subsection (b) apply to enrollment under part B. GROUP HEALTH PLANS OR FEDERAL HEALTH IN- for each premium area. ‘‘(c) DATE COVERAGE BEGINS.— SURANCE PROGRAMS.—The individual is not ‘‘(2) DEFERRED MONTHLY PREMIUMS FOR IN- eligible for benefits or coverage under a Fed- ‘‘(1) IN GENERAL.—The period during which an individual is entitled to benefits under DIVIDUALS 62 YEARS OF AGE OR OLDER.—The eral health insurance program (as defined in Secretary shall, during September of each subsection (a)(2)(B)) or under a group health this part shall begin as follows, but in no case earlier than July 1, 1999: year (beginning with 1998), determine under plan (other than such eligibility merely subsection (c) the amount of deferred month- through a Federal or State COBRA continu- ‘‘(A) In the case of an individual who en- rolls (including pre-enrolls) before the month ly premiums that shall apply with respect to ation provision) as of the last day of the individuals who first obtain coverage under month involved. in which the individual satisfies eligibility for enrollment under section 1859, the first this part under section 1859(b) in the suc- ‘‘(2) LIMITATION ON ELIGIBILITY IF TERMI- day of such month of eligibility. ceeding year. NATED ENROLLMENT.—If an individual de- ‘‘(B) In the case of an individual who en- ‘‘(3) ESTABLISHMENT OF PREMIUM AREAS.— scribed in paragraph (1) enrolls under this rolls during or after the month in which the For purposes of this part, the term ‘premium part and coverage of the individual is termi- individual first satisfies eligibility for en- area’ means such an area as the Secretary nated under section 1859A(d) (other than be- rollment under such section, the first day of shall specify to carry out this part. The Sec- cause of age), the individual is not again eli- the following month. retary from time to time may change the gible to enroll under this subsection unless ‘‘(2) AUTHORITY TO PROVIDE FOR PARTIAL boundaries of such premium areas. The Sec- the following requirements are met: MONTHS OF COVERAGE.—Under regulations, retary shall seek to minimize the number of ‘‘(A) NEW COVERAGE UNDER GROUP HEALTH the Secretary may, in the Secretary’s discre- such areas specified under this paragraph. PLAN OR FEDERAL HEALTH INSURANCE PRO- tion, provide for coverage periods that in- ‘‘(b) BASE ANNUAL PREMIUM FOR INDIVID- GRAM.—After the date of termination of cov- clude portions of a month in order to avoid UALS 62 YEARS OF AGE OR OLDER.— erage under such section, the individual ob- lapses of coverage. ‘‘(1) NATIONAL, PER CAPITA AVERAGE.—The tains coverage under a group health plan or ‘‘(3) LIMITATION ON PAYMENTS.—No pay- Secretary shall estimate the average, annual under a Federal health insurance program. ments may be made under this title with re- per capita amount that would be payable ‘‘(B) SUBSEQUENT LOSS OF NEW COVERAGE.— spect to the expenses of an individual en- under this title with respect to individuals The individual subsequently loses eligibility rolled under this part unless such expenses residing in the United States who meet the for the coverage described in subparagraph were incurred by such individual during a pe- requirement of section 1859(b)(1)(A) as if all (A) and exhausts any eligibility the individ- riod which, with respect to the individual, is such individuals were eligible for (and en- ual may subsequently have for coverage a coverage period under this section. rolled) under this title during the entire year under a Federal or State COBRA continu- ‘‘(d) TERMINATION OF COVERAGE.— (and assuming that section 1862(b)(2)(A)(i) ation provision. ‘‘(1) IN GENERAL.—An individual’s coverage did not apply). ‘‘(3) CHANGE IN HEALTH PLAN ELIGIBILITY period under this part shall continue until ‘‘(2) GEOGRAPHIC ADJUSTMENT.—The Sec- DOES NOT AFFECT COVERAGE.—In the case of the individual’s enrollment has been termi- retary shall adjust the amount determined an individual who is eligible for and enrolls nated at the earliest of the following: under paragraph (1) for each premium area under this part under this subsection, the in- ‘‘(A) GENERAL PROVISIONS.— (specified under subsection (a)(3)) in order to dividual’s continued entitlement to benefits ‘‘(i) NOTICE.—The individual files notice (in take into account such factors as the Sec- under this part shall not be affected by the a form and manner prescribed by the Sec- retary deems appropriate and shall limit the individual’s subsequent eligibility for bene- retary) that the individual no longer wishes maximum premium under this paragraph in fits or coverage described in paragraph to participate in the insurance program a premium area to assure participation in all (1)(C), or entitlement to such benefits or cov- under this part. areas throughout the United States. erage. ‘‘(ii) NONPAYMENT OF PREMIUMS.—The indi- ‘‘(3) BASE ANNUAL PREMIUM.—The base an- ‘‘SEC. 1859A. ENROLLMENT PROCESS; COVERAGE. vidual fails to make payment of premiums nual premium under this subsection for ‘‘(a) IN GENERAL.—An individual may en- required for enrollment under this part. months in a year for individuals 62 years of roll in the program established under this ‘‘(iii) MEDICARE ELIGIBILITY.—The individ- age or older residing in a premium area is part only in such manner and form as may ual becomes entitled to benefits under part A equal to the average, annual per capita be prescribed by regulations, and only during or enrolled under part B (other than by rea- amount estimated under paragraph (1) for an enrollment period prescribed by the Sec- son of this part). the year, adjusted for such area under para- retary consistent with the provisions of this ‘‘(B) TERMINATION BASED ON AGE.—The indi- graph (2). section. Such regulations shall provide a vidual attains 65 years of age. ‘‘(c) DEFERRED PREMIUM RATE FOR INDIVID- process under which— ‘‘(2) EFFECTIVE DATE OF TERMINATION.— UALS 62 YEARS OF AGE OR OLDER.—The de- ‘‘(1) individuals eligible to enroll as of a ‘‘(A) NOTICE.—The termination of a cov- ferred premium rate for individuals with a month are permitted to pre-enroll during a erage period under paragraph (1)(A)(i) shall group of individuals who obtain coverage prior month within an enrollment period de- take effect at the close of the month follow- under section 1859(b) in a year shall be com- scribed in subsection (b); and ing for which the notice is filed. puted by the Secretary as follows: ‘‘(2) each individual seeking to enroll ‘‘(B) NONPAYMENT OF PREMIUM.—The termi- ‘‘(1) ESTIMATION OF NATIONAL, PER CAPITA under section 1859(b) is notified, before en- nation of a coverage period under paragraph ANNUAL AVERAGE EXPENDITURES FOR ENROLL- rolling, of the deferred monthly premium (1)(A)(ii) shall take effect on a date deter- MENT GROUP.—The Secretary shall estimate amount the individual will be liable for mined under regulations, which may be de- the average, per capita annual amount that under section 1859C(b) upon attaining 65 termined so as to provide a grace period in will be paid under this part for individuals in years of age as determined under section which overdue premiums may be paid and such group during the period of enrollment 1859B(c)(3). coverage continued. The grace period deter- under section 1859(b). In making such esti- ‘‘(b) ENROLLMENT PERIODS.— mined under the preceding sentence shall not mate for coverage beginning in a year before ‘‘(1) INDIVIDUALS 62-TO-65 YEARS OF AGE.—In exceed 60 days; except that it may be ex- 2003, the Secretary may base such estimate the case of individuals eligible to enroll tended for an additional 30 days in any case on the average, per capita amount that under this part under section 1859(b)— where the Secretary determines that there would be payable if the program had been in ‘‘(A) INITIAL ENROLLMENT PERIOD.—If the was good cause for failure to pay the overdue operation over a previous period of at least 4 individual is eligible to enroll under such premiums within such 60-day period. years. section for July 1999, the enrollment period ‘‘(C) AGE OR MEDICARE ELIGIBILITY.—The ‘‘(2) DIFFERENCE BETWEEN ESTIMATED EX- shall begin on May 1, 1999, and shall end on termination of a coverage period under para- PENDITURES AND ESTIMATED PREMIUMS.— March 17, 1998 CONGRESSIONAL RECORD — SENATE S2129 Based on the characteristics of individuals in established under this paragraph shall be from the second previous fiscal year to the such group, the Secretary shall estimate pro-rated to reflect the number of months of previous fiscal year. during the period of coverage of the group coverage under this part under such enroll- ‘‘(b) INCORPORATION OF PROVISIONS.— under this part under section 1859(b) the ment compared to the maximum number of ‘‘(1) IN GENERAL.—Subject to paragraph (2), amount by which— months of coverage that the individual subsections (b) through (i) of section 1841 ‘‘(A) the amount estimated under para- would have had if the enrollment were not so shall apply with respect to the Trust Fund graph (1); exceeds terminated. and this title in the same manner as they ‘‘(B) the average, annual per capita ‘‘(ii) ROUNDING TO 12-MONTH MINIMUM COV- apply with respect to the Federal Supple- amount of premiums that will be payable for ERAGE PERIODS.—In applying clause (i), the mentary Medical Insurance Trust Fund and months during the year under section number of months of coverage (if not a mul- part B, respectively. 1859C(a) for individuals in such group (in- tiple of 12) shall be rounded to the next high- ‘‘(2) MISCELLANEOUS REFERENCES.—In ap- cluding premiums that would be payable if est multiple of 12 months, except that in no plying provisions of section 1841 under para- there were no terminations in enrollment case shall this clause result in a number of graph (1)— under clause (i) or (ii) of section months of coverage exceeding the maximum ‘‘(A) any reference in such section to ‘this 1859A(d)(1)(A)). number of months of coverage that the indi- part’ is construed to refer to this part D; ‘‘(3) ACTUARIAL COMPUTATION OF DEFERRED vidual would have had if the enrollment were ‘‘(B) any reference in section 1841(h) to sec- MONTHLY PREMIUM RATES.—The Secretary not so terminated. tion 1840(d) and in section 1841(i) to sections shall determine deferred monthly premium ‘‘(2) PERIOD OF PAYMENT.—The period de- 1840(b)(1) and 1842(g) are deemed references rates for individuals in such group in a man- scribed in this paragraph for an individual is to comparable authority exercised under this ner so that— the period beginning with the first month in part; and ‘‘(A) the estimated actuarial value of such which the individual has attained 65 years of ‘‘(C) payments may be made under section premiums payable under section 1859C(b), is age and ending with the month before the 1841(g) to the Trust Funds under sections equal to month in which the individual attains 85 1817 and 1841 as reimbursement to such funds ‘‘(B) the estimated actuarial present value years of age. for payments they made for benefits pro- of the differences described in paragraph (2). ‘‘(3) COLLECTION.—In the case of an individ- vided under this part. Such rate shall be computed for each indi- ual who is liable for a premium under this ‘‘SEC. 1859E. OVERSIGHT AND ACCOUNTABILITY. vidual in the group in a manner so that the subsection, the amount of the premium shall ‘‘(a) THROUGH ANNUAL REPORTS OF TRUST- rate is based on the number of months be- be collected in the same manner as the pre- EES.—The Board of Trustees of the Medicare tween the first month of coverage based on mium for enrollment under such part is col- Early Access Trust Fund under section enrollment under section 1859(b) and the lected under section 1840, except that any 1859D(b)(1) shall report on an annual basis to month in which the individual attains 65 reference in such section to the Federal Sup- Congress concerning the status of the Trust years of age. plementary Medical Insurance Trust Fund is Fund and the need for adjustments in the ‘‘(4) DETERMINANTS OF ACTUARIAL PRESENT deemed to be a reference to the Medicare program under this part to maintain finan- VALUES.—The actuarial present values de- Early Access Trust Fund established under cial solvency of the program under this part. scribed in paragraph (3) shall reflect— section 1859D. ‘‘(b) PERIODIC GAO REPORTS.—The Comp- ‘‘(A) the estimated probabilities of survival ‘‘(c) APPLICATION OF CERTAIN PROVISIONS.— troller General of the United States shall pe- at ages 62 through 84 for individuals enrolled The provisions of section 1840 (other than riodically submit to Congress reports on the during the year; and subsection (h)) shall apply to premiums col- adequacy of the financing of coverage pro- ‘‘(B) the estimated effective average inter- lected under this section in the same manner vided under this part. The Comptroller Gen- est rates that would be earned on invest- as they apply to premiums collected under eral shall include in such report such rec- ments held in the trust funds under this title part B, except that any reference in such sec- ommendations for adjustments in such fi- during the period in question. tion to the Federal Supplementary Medical nancing and coverage as the Comptroller ‘‘SEC. 1859C. PAYMENT OF PREMIUMS. Insurance Trust Fund is deemed a reference General deems appropriate in order to main- ‘‘(a) PAYMENT OF BASE MONTHLY PRE- to the Trust Fund established under section tain financial solvency of the program under MIUM.— 1859D. this part. ‘‘(1) IN GENERAL.—The Secretary shall pro- ‘‘SEC. 1859D. MEDICARE EARLY ACCESS TRUST ‘‘SEC. 1859F. ADMINISTRATION AND MISCELLANE- vide for payment and collection of the base FUND. OUS. monthly premium, determined under section ‘‘(a) ESTABLISHMENT OF TRUST FUND.— ‘‘(a) TREATMENT FOR PURPOSES OF TITLE.— 1859B(a)(1) for the age (and age cohort, if ap- ‘‘(1) IN GENERAL.—There is hereby created Except as otherwise provided in this part— plicable) of the individual involved and the on the books of the Treasury of the United ‘‘(1) individuals enrolled under this part premium area in which the individual prin- States a trust fund to be known as the ‘Medi- shall be treated for purposes of this title as cipally resides, in the same manner as for care Early Access Trust Fund’ (in this sec- though the individual were entitled to bene- payment of monthly premiums under section tion referred to as the ‘Trust Fund’). The fits under part A and enrolled under part B; 1840, except that, for purposes of applying Trust Fund shall consist of such gifts and be- and this section, any reference in such section to quests as may be made as provided in section ‘‘(2) benefits described in section 1859 shall the Federal Supplementary Medical Insur- 201(i)(1) and such amounts as may be depos- be payable under this title to such individ- ance Trust Fund is deemed a reference to the ited in, or appropriated to, such fund as pro- uals in the same manner as if such individ- Trust Fund established under section 1859D. vided in this title. uals were so entitled and enrolled. ‘‘(2) PERIOD OF PAYMENT.—In the case of an ‘‘(2) PREMIUMS.—Premiums collected under ‘‘(b) NOT TREATED AS MEDICARE PROGRAM individual who participates in the program section 1859B shall be transferred to the FOR PURPOSES OF MEDICAID PROGRAM.—For established by this title, the base monthly Trust Fund. purposes of applying title XIX (including the premium shall be payable for the period ‘‘(3) TRANSFER OF SAVINGS FROM NEW FRAUD provision of medicare cost-sharing assist- commencing with the first month of the in- AND ABUSE INITIATIVES.— ance under such title), an individual who is dividual’s coverage period and ending with ‘‘(A) IN GENERAL.—There is hereby trans- enrolled under this part shall not be treated the month in which the individual’s coverage ferred to the Trust Fund from the Federal as being entitled to benefits under this title. under this title terminates. Hospital Insurance Trust Fund and from the ‘‘(c) NOT TREATED AS MEDICARE PROGRAM ‘‘(b) PAYMENT OF DEFERRED PREMIUM FOR Federal Supplementary Medical Insurance FOR PURPOSES OF COBRA CONTINUATION PRO- INDIVIDUALS COVERED AFTER ATTAINING AGE Trust Fund amounts equivalent to the VISIONS.—In applying a COBRA continuation 62.— amounts (specified under subparagraph (B)) provision (as defined in section 2791(d)(4) of ‘‘(1) RATE OF PAYMENT.— of the reductions in expenditures under such the Public Health Service Act), any ref- ‘‘(A) IN GENERAL.—In the case of an indi- respective trust fund as may be attributable erence to an entitlement to benefits under vidual who is covered under this part for a to the enactment of the Medicare Fraud and this title shall not be construed to include month pursuant to an enrollment under sec- Overpayment Act of 1998. entitlement to benefits under this title pur- tion 1859(b), subject to subparagraph (B), the ‘‘(B) USE OF CBO ESTIMATES.—For each fis- suant to the operation of this part.’’. individual is liable for payment of a deferred cal year during the 10-fiscal-year period be- (b) CONFORMING AMENDMENTS TO SOCIAL SE- premium in each month during the period ginning with fiscal year 1999, the amounts CURITY ACT PROVISIONS.— described in paragraph (2) in an amount under subparagraph (A) shall be the amounts (1) Section 201(i)(1) of the Social Security equal to the full deferred monthly premium described in such subparagraph as deter- Act (42 U.S.C. 401(i)(1)) is amended by strik- rate determined for the individual under sec- mined by the Congressional Budget Office at ing ‘‘or the Federal Supplementary Medical tion 1859B(c). the time of, and in connection with, the en- Insurance Trust Fund’’ and inserting ‘‘the ‘‘(B) SPECIAL RULES FOR THOSE WHO actment of the Medicare Early Access Act of Federal Supplementary Medical Insurance DISENROLL EARLY.— 1998. For subsequent fiscal years, the Trust Fund, and the Medicare Early Access ‘‘(i) IN GENERAL.—If such an individual’s amounts under subparagraph (A) shall be the Trust Fund’’. enrollment under such section is terminated amount determined under this subparagraph (2) Section 201(g)(1)(A) of such Act (42 under clause (i) or (ii) of section for the previous fiscal year increased by the U.S.C. 401(g)(1)(A)) is amended by striking ‘‘ 1859A(d)(1)(A), subject to clause (ii), the same percentage as the percentage increase and the Federal Supplementary Medical In- amount of the deferred premium otherwise in aggregate expenditures under this title surance Trust Fund established by title S2130 CONGRESSIONAL RECORD — SENATE March 17, 1998

XVIII’’ and inserting ‘‘, the Federal Supple- ‘‘(i) ELIGIBLE FOR UNEMPLOYMENT COM- meets the requirements of subparagraphs mentary Medical Insurance Trust Fund, and PENSATION.—The individual meets the re- (B), (D), and (E) of paragraph (1). the Medicare Early Access Trust Fund estab- quirements relating to period of covered em- ‘‘(3) CHANGE IN HEALTH PLAN ELIGIBILITY AF- lished by title XVIII’’. ployment and conditions of separation from FECTS CONTINUED ELIGIBILITY.—For provision (3) Section 1820(i) of such Act (42 U.S.C. employment to be eligible for unemployment that terminates enrollment under this sec- 1395i–4(i)) is amended by striking ‘‘part D’’ compensation (as defined in section 85(b) of tion in the case of an individual who be- and inserting ‘‘part E’’. the Internal Revenue Code of 1986), based on comes eligible for coverage under a group (4) Part C of title XVIII of such Act is a separation from employment occurring on health plan or under a Federal health insur- amended— or after January 1, 1998. The previous sen- ance program, see section 1859A(d)(1)(C). (A) in section 1851(a)(2)(B) (42 U.S.C. 1395w– tence shall not be construed as requiring the ‘‘(4) REENROLLMENT PERMITTED.—Nothing 21(a)(2)(B)), by striking ‘‘ 1859(b)(3)’’ and in- individual to be receiving such unemploy- in this subsection shall be construed as pre- serting ‘‘1858(b)(3); ment compensation. venting an individual who, after enrolling (B) in section 1851(a)(2)(C) (42 U.S.C. 1395w– ‘‘(ii) LOSS OF EMPLOYMENT-BASED COV- under this subsection, terminates such en- 21(a)(2)(C)), by striking ‘‘1859(b)(2)’’ and in- ERAGE.—Immediately before the time of such rollment from subsequently reenrolling serting ‘‘1858(b)(2)’’; separation of employment, the individual under this subsection if the individual is eli- (C) in section 1852(a)(1) (42 U.S.C. 1395w– was covered under a group health plan on the gible to enroll under this subsection at that 22(a)(1)), by striking ‘‘ 1859(b)(3)’’ and insert- basis of such employment, and, because of time.’’. ing ‘‘1858(b)(3); such loss, is no longer eligible for coverage (b) ENROLLMENT.—Section 1859A of such (D) in section 1852(a)(3)(B)(ii) (42 U.S.C. under such plan (including such eligibility Act, as so inserted, is amended— 1395w–22(a)(3)(B)(ii)), by striking based on the application of a Federal or (1) in subsection (a), by striking ‘‘and’’ at ‘‘1859(b)(2)(B)’’ and inserting ‘‘1858(b)(2)(B)’’; State COBRA continuation provision) as of the end of paragraph (1), by striking the pe- (E) in section 1853(a)(1)(A) (42 U.S.C. 1395w– the last day of the month involved. riod at the end of paragraph (2) and inserting 23(a)(1)(A)), by striking ‘‘1859(e)(4)’’ and in- ‘‘(iii) PREVIOUS CREDITABLE COVERAGE FOR ‘‘; and’’, and by adding at the end the follow- serting ‘‘1858(e)(4)’’; and AT LEAST 1 YEAR.—As of the date on which ing new paragraph: (F) in section 1853(a)(3)(D) (42 U.S.C. 1395w– the individual loses coverage described in ‘‘(3) individuals whose coverage under this 23(a)(3)(D)), by striking ‘‘1859(e)(4)’’ and in- clause (ii), the aggregate of the periods of part would terminate because of subsection serting ‘‘1858(e)(4)’’. creditable coverage (as determined under (d)(1)(B)(ii) are provided notice and an oppor- (5) Section 1853(c) of such Act (42 U.S.C. section 2701(c) of the Public Health Service tunity to continue enrollment in accordance 1395w–23(c)) is amended— Act) is 12 months or longer. with section 1859E(c)(1).’’; (A) in paragraph (1), by striking ‘‘or (7)’’ ‘‘(D) EXHAUSTION OF AVAILABLE COBRA CON- (2) in subsection (b), by inserting after Not- and inserting ‘‘, (7), or (8)’’, and TINUATION BENEFITS.— withstanding any other provision of law, (1) (B) by adding at the end the following: ‘‘(i) IN GENERAL.—In the case of an individ- the following: ‘‘(8) ADJUSTMENT FOR EARLY ACCESS.—In ual described in clause (ii) for a month de- ‘‘(2) DISPLACED WORKERS AND SPOUSES.—In applying this subsection with respect to indi- scribed in clause (iii)— the case of individuals eligible to enroll viduals entitled to benefits under part D, the ‘‘(I) the individual (or spouse) elected cov- under this part under section 1859(c), the fol- Secretary shall provide for an appropriate erage described in clause (ii); and lowing rules apply: adjustment in the Medicare+Choice capita- ‘‘(II) the individual (or spouse) has contin- ‘‘(A) INITIAL ENROLLMENT PERIOD.—If the tion rate as may be appropriate to reflect ued such coverage for all months described individual is first eligible to enroll under differences between the population served in clause (iii) in which the individual (or such section for July 1999, the enrollment pe- under such part and the population under spouse) is eligible for such coverage. riod shall begin on May 1, 1999, and shall end parts A and B.’’. ‘‘(ii) INDIVIDUALS TO WHOM COBRA CONTINU- on August 31, 1999. Any such enrollment be- (c) OTHER CONFORMING AMENDMENTS.— ATION COVERAGE MADE AVAILABLE.—An indi- fore July 1, 1999, is conditioned upon compli- (1) Section 138(b)(4) of the Internal Reve- vidual described in this clause is an individ- ance with the conditions of eligibility for nue Code of 1986 is amended by striking ual— July 1999. ‘‘1859(b)(3)’’ and inserting ‘‘1858(b)(3)’’. ‘‘(I) who was offered coverage under a Fed- ‘‘(B) SUBSEQUENT PERIODS.—If the individ- (2)(A) Section 602(2)(D)(ii) of the Employee eral or State COBRA continuation provision ual is eligible to enroll under such section Retirement Income Security Act of 1974 (29 at the time of loss of coverage eligibility de- for a month after July 1999, the enrollment U.S.C. 1162(2)) is amended by inserting ‘‘(not scribed in subparagraph (C)(ii); or period based on such eligibility shall begin including an individual who is so entitled ‘‘(II) whose spouse was offered such cov- on the first day of the second month before pursuant to enrollment under section erage in a manner that permitted coverage the month in which the individual first is el- 1859A)’’ after ‘‘Social Security Act’’. of the individual at such time. igible to so enroll (or reenroll) and shall end (B) Section 2202(2)(D)(ii) of the Public ‘‘(iii) MONTHS OF POSSIBLE COBRA CONTINU- four months later.’’; Health Service Act (42 U.S.C. 300bb– ATION COVERAGE.—A month described in this (3) in subsection (d)(1), by amending sub- 2(2)(D)(ii)) is amended by inserting ‘‘(not in- clause is a month for which an individual de- paragraph (B) to read as follows: cluding an individual who is so entitled pur- scribed in clause (ii) could have had coverage ‘‘(B) TERMINATION BASED ON AGE.— suant to enrollment under section 1859A)’’ described in such clause as of the last day of ‘‘(i) AT AGE 65.—Subject to clause (ii), the after ‘‘Social Security Act’’. the month if the individual (or the spouse of individual attains 65 years of age. (C) Section 4980B(f)(2)(B)(i)(V) of the Inter- the individual, as the case may be) had elect- ‘‘(ii) AT AGE 62 FOR DISPLACED WORKERS AND nal Revenue Code of 1986 is amended by in- ed such coverage on a timely basis. SPOUSES.—In the case of an individual en- serting ‘‘(not including an individual who is ‘‘(E) NOT ELIGIBLE FOR COVERAGE UNDER rolled under this part pursuant to section so entitled pursuant to enrollment under FEDERAL HEALTH INSURANCE PROGRAM OR 1859(c), subject to subsection (a)(1), the indi- section 1859A)’’ after ‘‘Social Security Act’’. GROUP HEALTH PLANS.—The individual is not vidual attains 62 years of age.’’; TITLE II—ACCESS TO MEDICARE BENE- eligible for benefits or coverage under a Fed- (4) in subsection (d)(1), by adding at the FITS FOR DISPLACED WORKERS 55-TO-62 eral health insurance program or under a end the following new subparagraph: YEARS OF AGE group health plan (whether on the basis of ‘‘(C) OBTAINING ACCESS TO EMPLOYMENT- SEC. 201. ACCESS TO MEDICARE BENEFITS FOR the individual’s employment or employment BASED COVERAGE OR FEDERAL HEALTH INSUR- DISPLACED WORKERS 55-TO-62 of the individual’s spouse) as of the last day ANCE PROGRAM FOR INDIVIDUALS UNDER 62 YEARS OF AGE. of the month involved. YEARS OF AGE.—In the case of an individual (a) ELIGIBILITY.—Section 1859 of the Social ‘‘(2) SPOUSE OF DISPLACED WORKER.—Sub- who has not attained 62 years of age, the in- Security Act, as inserted by section 101(a)(2), ject to paragraph (3), an individual who dividual is covered (or eligible for coverage) is amended by adding at the end the follow- meets the following requirements with re- as a participant or beneficiary under a group ing new subsection: spect to a month is eligible to enroll under health plan or under a Federal health insur- ‘‘(c) DISPLACED WORKERS AND SPOUSES.— this part with respect to such month: ance program.’’; ‘‘(1) DISPLACED WORKERS.—Subject to para- ‘‘(A) AGE.—As of the last day of the month, (5) in subsection (d)(2), by amending sub- graph (3), an individual who meets the fol- the individual has not attained 62 years of paragraph (C) to read as follows: lowing requirements with respect to a month age. ‘‘(C) AGE OR MEDICARE ELIGIBILITY.— is eligible to enroll under this part with re- ‘‘(B) MARRIED TO DISPLACED WORKER.—The ‘‘(i) IN GENERAL.—The termination of a spect to such month: individual is the spouse of an individual at coverage period under paragraph (1)(A)(iii) or ‘‘(A) AGE.—As of the last day of the month, the time the individual enrolls under this (1)(B)(i) shall take effect as of the first day the individual has attained 55 years of age, part under paragraph (1) and loses coverage of the month in which the individual attains but has not attained 62 years of age. described in paragraph (1)(C)(ii) because the 65 years of age or becomes entitled to bene- ‘‘(B) MEDICARE ELIGIBILITY (BUT FOR AGE).— individual’s spouse lost such coverage. fits under part A or enrolled for benefits The individual would be eligible for benefits ‘‘(C) MEDICARE ELIGIBILITY (BUT FOR AGE); under part B. under part A or part B for the month if the EXHAUSTION OF ANY COBRA CONTINUATION COV- ‘‘(ii) DISPLACED WORKERS.—The termi- individual were 65 years of age. ERAGE; AND NOT ELIGIBLE FOR COVERAGE nation of a coverage period under paragraph ‘‘(C) LOSS OF EMPLOYMENT-BASED COV- UNDER FEDERAL HEALTH INSURANCE PROGRAM (1)(B)(ii) shall take effect as of the first day ERAGE.— OR GROUP HEALTH PLAN.—The individual of the month in which the individual attains March 17, 1998 CONGRESSIONAL RECORD — SENATE S2131

62 years of age, unless the individual has en- ‘‘(2) ARRANGEMENTS WITH STATES FOR DE- (1) in clause (ii), by inserting ‘‘or 603(7)’’ rolled under this part pursuant to section TERMINATIONS RELATING TO UNEMPLOYMENT after ‘‘603(6)’’; 1859(b) and section 1859E(c)(1).’’; and COMPENSATION ELIGIBILITY.—The Secretary (2) in clause (iv), by striking ‘‘or 603(6)’’ (6) in subsection (d)(2), by adding at the may provide for appropriate arrangements and inserting ‘‘, 603(6), or 603(7)’’; end the following new subparagraph: with States for the determination of whether (3) by redesignating clause (iv) as clause ‘‘(D) ACCESS TO COVERAGE.—The termi- individuals in the State meet or would meet (vi); nation of a coverage period under paragraph the requirements of section (4) by redesignating clause (v) as clause (1)(C) shall take effect on the date on which 1859(c)(1)(C)(i).’’.‘‘ (iv) and by moving such clause to imme- the individual is eligible to begin a period of (e) CONFORMING AMENDMENT TO HEADING TO diately follow clause (iii); and creditable coverage (as defined in section PART.—The heading of part D of title XVIII (5) by inserting after such clause (iv) the 2701(c) of the Public Health Service Act) of the Social Security Act, as so inserted, is following new clause: under a group health plan or under a Federal amended by striking ‘‘62’’ and inserting ‘‘55’’. ‘‘(v) SPECIAL RULE FOR CERTAIN DEPENDENTS health insurance program.’’. TITLE III—COBRA PROTECTION FOR IN CASE OF TERMINATION OR SUBSTANTIAL RE- (c) PREMIUMS.—Section 1859B of such Act, EARLY RETIREES DUCTION OF RETIREE HEALTH COVERAGE.—In as so inserted, is amended— Subtitle A—Amendments to the Employee the case of a qualifying event described in (1) in subsection (a)(1), by adding at the Retirement Income Security Act of 1974 section 603(7), in the case of a qualified bene- end the following: SEC. 301. COBRA CONTINUATION BENEFITS FOR ficiary described in section 607(3)(D) who is ‘‘(B) BASE MONTHLY PREMIUM FOR INDIVID- CERTAIN RETIRED WORKERS WHO not the qualified retiree or spouse of such re- UALS UNDER 62 YEARS OF AGE.—A base month- LOSE RETIREE HEALTH COVERAGE. tiree, the later of— ly premium for individuals under 62 years of (a) ESTABLISHMENT OF NEW QUALIFYING ‘‘(I) the date that is 36 months after the 1 age, equal to ⁄12 of the base annual premium EVENT.— earlier of the date the qualified retiree be- rate computed under subsection (d)(3) for (1) IN GENERAL.—Section 603 of the Em- comes entitled to benefits under title XVIII each premium area and age cohort.’’; and ployee Retirement Income Security Act of of the Social Security Act, or the date of the (2) by adding at the end the following new 1974 (29 U.S.C. 1163) is amended by inserting death of the qualified retiree; or subsection: after paragraph (6) the following new para- ‘‘(II) the date that is 36 months after the ‘‘(d) BASE MONTHLY PREMIUM FOR INDIVID- graph: date of the qualifying event.’’. UALS UNDER 62 YEARS OF AGE.— ‘‘(7) The termination or substantial reduc- (c) TYPE OF COVERAGE IN CASE OF TERMI- ‘‘(1) NATIONAL, PER CAPITA AVERAGE FOR tion in benefits (as defined in section 607(7)) NATION OR SUBSTANTIAL REDUCTION OF RE- AGE GROUPS.— of group health plan coverage as a result of TIREE HEALTH COVERAGE.—Section 602(1) of ‘‘(A) ESTIMATE OF AMOUNT.—The Secretary plan changes or termination in the case of a such Act (29 U.S.C. 1162(1)) is amended— shall estimate the average, annual per capita covered employee who is a qualified re- (1) by striking ‘‘The coverage’’ and insert- amount that would be payable under this tiree.’’. ing the following: title with respect to individuals residing in (2) QUALIFIED RETIREE; QUALIFIED BENE- ‘‘(A) IN GENERAL.—Except as provided in the United States who meet the requirement FICIARY; AND SUBSTANTIAL REDUCTION DE- subparagraph (B), the coverage’’; and of section 1859(c)(1)(A) within each of the age FINED.—Section 607 of such Act (29 U.S.C. (2) by adding at the end the following: cohorts established under subparagraph (B) 1167) is amended— ‘‘(B) CERTAIN RETIREES.—In the case of a as if all such individuals within such cohort (A) in paragraph (3)— qualifying event described in section 603(7), were eligible for (and enrolled) under this (i) in subparagraph (A), by inserting ‘‘ex- in applying the first sentence of subpara- title during the entire year (and assuming cept as otherwise provided in this para- graph (A) and the fourth sentence of para- that section 1862(b)(2)(A)(i) did not apply). graph,’’ after ‘‘means,’’; and graph (3), the coverage offered that is the ‘‘(B) AGE COHORTS.—For purposes of sub- (ii) by adding at the end the following new most prevalent coverage option (as deter- paragraph (A), the Secretary shall establish subparagraph: mined under regulations of the Secretary) separate age cohorts in 5 year age incre- ‘‘(D) SPECIAL RULE FOR QUALIFYING RETIR- continued under the group health plan (or, if ments for individuals who have not attained EES AND DEPENDENTS.—In the case of a quali- none, under the most prevalent other plan 60 years of ages and a separate cohort for in- fying event described in section 603(7), the offered by the same plan sponsor) shall be dividuals who have attained 60 years of age. term ‘qualified beneficiary’ means a quali- treated as the coverage described in such ‘‘(2) GEOGRAPHIC ADJUSTMENT.—The Sec- fied retiree and any other individual who, on sentence, or (at the option of the plan and retary shall adjust the amount determined the day before such qualifying event, is a qualified beneficiary) such other coverage under paragraph (1)(A) for each premium beneficiary under the plan on the basis of the option as may be offered and elected by the area (specified under subsection (a)(3)) in the individual’s relationship to such qualified re- qualified beneficiary involved.’’. same manner and to the same extent as the tiree.’’; and (d) INCREASED LEVEL OF PREMIUMS PER- Secretary provides for adjustments under (B) by adding at the end the following new MITTED.—Section 602(3) of such Act (29 U.S.C. subsection (b)(2). paragraphs: 1162(3)) is amended by adding at the end the ‘‘(3) BASE ANNUAL PREMIUM.—The base an- ‘‘(6) QUALIFIED RETIREE.—The term ‘quali- following new sentence: ‘‘In the case of an nual premium under this subsection for fied retiree’ means, with respect to a qualify- individual provided continuation coverage months in a year for individuals in an age ing event described in section 603(7), a cov- by reason of a qualifying event described in cohort under paragraph (1)(B) in a premium ered employee who, at the time of the section 603(7), any reference in subparagraph area is equal to 165 percent of the average, event— (A) of this paragraph to ‘102 percent of the annual per capita amount estimated under ‘‘(A) has attained 55 years of age; and applicable premium’ is deemed a reference to paragraph (1) for the age cohort and year, ad- ‘‘(B) was receiving group health coverage ‘125 percent of the applicable premium for justed for such area under paragraph (2). under the plan by reason of the retirement of employed individuals (and their dependents, ‘‘(4) PRO-RATION OF PREMIUMS TO REFLECT the covered employee. if applicable) for the coverage option re- COVERAGE DURING A PART OF A MONTH.—If the ‘‘(7) SUBSTANTIAL REDUCTION.—The term ferred to in paragraph (1)(B)’.’’. Secretary provides for coverage of portions ‘substantial reduction’— (e) NOTICE.—Section 606(a) of such Act (29 of a month under section 1859A(c)(2), the Sec- ‘‘(A) means, as determined under regula- U.S.C. 1166) is amended— retary shall pro-rate the premiums attrib- tions of the Secretary and with respect to a (1) in paragraph (4)(A), by striking ‘‘or (6)’’ utable to such coverage under this section to qualified beneficiary, a reduction in the av- and inserting ‘‘(6), or (7)’’; and reflect the portion of the month so cov- erage actuarial value of benefits under the (2) by adding at the end the following: ered.’’. plan (through reduction or elimination of (d) ADMINISTRATIVE PROVISIONS.—Section benefits, an increase in premiums, ‘‘The notice under paragraph (4) in the case 1859F of such Act, as so inserted, is amended deductibles, copayments, and coinsurance, or of a qualifying event described in section by adding at the end the following: any combination thereof), since the date of 603(7) shall be provided at least 90 days be- ‘‘(d) ADDITIONAL ADMINISTRATIVE PROVI- commencement of coverage of the bene- fore the date of the qualifying event.’’. SIONS.— ficiary by reason of the retirement of the (f) EFFECTIVE DATES.— ‘‘(1) PROCESS FOR CONTINUED ENROLLMENT covered employee (or, if later, January 6, (1) IN GENERAL.—The amendments made by OF DISPLACED WORKERS WHO ATTAIN 62 YEARS 1998), in an amount equal to at least 50 per- this section (other than subsection (e)(2)) OF AGE.—The Secretary shall provide a proc- cent of the total average actuarial value of shall apply to qualifying events occurring on ess for the continuation of enrollment of in- the benefits under the plan as of such date or after January 6, 1998. In the case of a dividuals whose enrollment under section (taking into account an appropriate adjust- qualifying event occurring on or after such 1859(c) would be terminated upon attaining ment to permit comparison of values over date and before the date of the enactment of 62 years of age. Under such process such indi- time); and this Act, such event shall be deemed (for pur- viduals shall be provided appropriate and ‘‘(B) includes an increase in premiums re- poses of such amendments) to have occurred timely notice before the date of such termi- quired to an amount that exceeds the pre- on the date of the enactment of this Act. nation and of the requirement to enroll mium level described in the fourth sentence (2) ADVANCE NOTICE OF TERMINATIONS AND under this part pursuant to section 1859(b) in of section 602(3). REDUCTIONS.—The amendment made by sub- order to continue entitlement to benefits (b) DURATION OF COVERAGE THROUGH AGE section (e)(2) shall apply to qualifying events under this title after attaining 62 years of 65.—Section 602(2)(A) of such Act (29 U.S.C. occurring after the date of the enactment of age. 1162(2)(A)) is amended— this Act, except that in no case shall notice S2132 CONGRESSIONAL RECORD — SENATE March 17, 1998

be required under such amendment before ‘‘(I) the date that is 36 months after the (2) QUALIFIED RETIREE; QUALIFIED BENE- such date. earlier of the date the qualified retiree be- FICIARY; AND SUBSTANTIAL REDUCTION DE- Subtitle B—Amendments to the Public Health comes entitled to benefits under title XVIII FINED.—Section 4980B(g) of such Code is Service Act of the Social Security Act, or the date of the amended— death of the qualified retiree; or (A) in paragraph (1)— SEC. 311. COBRA CONTINUATION BENEFITS FOR (i) in subparagraph (A), by inserting ‘‘ex- CERTAIN RETIRED WORKERS WHO ‘‘(II) the date that is 36 months after the LOSE RETIREE HEALTH COVERAGE. date of the qualifying event.’’. cept as otherwise provided in this para- (a) ESTABLISHMENT OF NEW QUALIFYING (c) TYPE OF COVERAGE IN CASE OF TERMI- graph,’’ after ‘‘means,’’; and (ii) by adding at the end the following new EVENT.— NATION OR SUBSTANTIAL REDUCTION OF RE- subparagraph: (1) IN GENERAL.—Section 2203 of the Public TIREE HEALTH COVERAGE.—Section 2202(1) of Health Service Act (42 U.S.C. 300bb–3) is such Act (42 U.S.C. 300bb–2(1)) is amended— ‘‘(E) SPECIAL RULE FOR QUALIFYING RETIR- amended by inserting after paragraph (5) the (1) by striking ‘‘The coverage’’ and insert- EES AND DEPENDENTS.—In the case of a quali- following new paragraph: ing the following: fying event described in subsection (f)(3)(G), the term ‘qualified beneficiary’ means a ‘‘(6) The termination or substantial reduc- ‘‘(A) IN GENERAL.—Except as provided in qualified retiree and any other individual tion in benefits (as defined in section 2208(6)) subparagraph (B), the coverage’’; and who, on the day before such qualifying event, of group health plan coverage as a result of (2) by adding at the end the following: is a beneficiary under the plan on the basis plan changes or termination in the case of a ‘‘(B) CERTAIN RETIREES.—In the case of a of the individual’s relationship to such quali- covered employee who is a qualified re- qualifying event described in section 2203(6), fied retiree.’’; and tiree.’’. in applying the first sentence of subpara- (B) by adding at the end the following new (2) QUALIFIED RETIREE; QUALIFIED BENE- graph (A) and the fourth sentence of para- paragraphs: FICIARY; AND SUBSTANTIAL REDUCTION DE- graph (3), the coverage offered that is the ‘‘(5) QUALIFIED RETIREE.—The term ‘quali- FINED.—Section 2208 of such Act (42 U.S.C. most prevalent coverage option (as deter- mined under regulations of the Secretary of fied retiree’ means, with respect to a qualify- 300bb–8) is amended— ing event described in subsection (f)(3)(G), a (A) in paragraph (3)— Labor) continued under the group health plan (or, if none, under the most prevalent covered employee who, at the time of the (i) in subparagraph (A), by inserting ‘‘ex- event— cept as otherwise provided in this para- other plan offered by the same plan sponsor) shall be treated as the coverage described in ‘‘(A) has attained 55 years of age; and graph,’’ after ‘‘means,’’; and ‘‘(B) was receiving group health coverage (ii) by adding at the end the following new such sentence, or (at the option of the plan and qualified beneficiary) such other cov- under the plan by reason of the retirement of subparagraph: the covered employee. ‘‘(C) SPECIAL RULE FOR QUALIFYING RETIR- erage option as may be offered and elected by the qualified beneficiary involved.’’. ‘‘(6) SUBSTANTIAL REDUCTION.—The term EES AND DEPENDENTS.—In the case of a quali- ‘substantial reduction’— fying event described in section 2203(6), the (d) INCREASED LEVEL OF PREMIUMS PER- MITTED.—Section 2202(3) of such Act (42 ‘‘(A) means, as determined under regula- term ‘qualified beneficiary’ means a quali- tions of the Secretary of Labor and with re- fied retiree and any other individual who, on U.S.C. 300bb–2(3)) is amended by adding at the end the following new sentence: ‘‘In the spect to a qualified beneficiary, a reduction the day before such qualifying event, is a in the average actuarial value of benefits beneficiary under the plan on the basis of the case of an individual provided continuation coverage by reason of a qualifying event de- under the plan (through reduction or elimi- individual’s relationship to such qualified re- nation of benefits, an increase in premiums, tiree.’’; and scribed in section 2203(6), any reference in subparagraph (A) of this paragraph to ‘102 deductibles, copayments, and coinsurance, or (B) by adding at the end the following new any combination thereof), since the date of paragraphs: percent of the applicable premium’ is deemed a reference to ‘125 percent of the applicable commencement of coverage of the bene- ‘‘(5) QUALIFIED RETIREE.—The term ‘quali- ficiary by reason of the retirement of the fied retiree’ means, with respect to a qualify- premium for employed individuals (and their dependents, if applicable) for the coverage covered employee (or, if later, January 6, ing event described in section 2203(6), a cov- 1998), in an amount equal to at least 50 per- ered employee who, at the time of the option referred to in paragraph (1)(B)’.’’. (e) NOTICE.—Section 2206(a) of such Act (42 cent of the total average actuarial value of event— the benefits under the plan as of such date ‘‘(A) has attained 55 years of age; and U.S.C. 300bb–6(a)) is amended— (1) in paragraph (4)(A), by striking ‘‘or (4)’’ (taking into account an appropriate adjust- ‘‘(B) was receiving group health coverage ment to permit comparison of values over under the plan by reason of the retirement of and inserting ‘‘(4), or (6)’’; and (2) by adding at the end the following: time); and the covered employee. ‘‘(B) includes an increase in premiums re- ‘‘The notice under paragraph (4) in the case ‘‘(6) SUBSTANTIAL REDUCTION.—The term quired to an amount that exceeds the pre- of a qualifying event described in section ‘substantial reduction’— mium level described in the fourth sentence 2203(6) shall be provided at least 90 days be- ‘‘(A) means, as determined under regula- of subsection (f)(2)(C). fore the date of the qualifying event.’’. tions of the Secretary of Labor and with re- (b) DURATION OF COVERAGE THROUGH AGE (f) EFFECTIVE DATES.— spect to a qualified beneficiary, a reduction 65.—Section 4980B(f)(2)(B)(i) of such Code is in the average actuarial value of benefits (1) IN GENERAL.—The amendments made by amended— under the plan (through reduction or elimi- this section (other than subsection (e)(2)) (1) in subclause (II), by inserting ‘‘or nation of benefits, an increase in premiums, shall apply to qualifying events occurring on (3)(G)’’ after ‘‘(3)(F)’’; deductibles, copayments, and coinsurance, or or after January 6, 1998. In the case of a (2) in subclause (IV), by striking ‘‘or any combination thereof), since the date of qualifying event occurring on or after such (3)(F)’’ and inserting ‘‘, (3)(F), or (3)(G)’’; commencement of coverage of the bene- date and before the date of the enactment of (3) by redesignating subclause (IV) as sub- ficiary by reason of the retirement of the this Act, such event shall be deemed (for pur- clause (VI); covered employee (or, if later, January 6, poses of such amendments) to have occurred (4) by redesignating subclause (V) as sub- 1998), in an amount equal to at least 50 per- on the date of the enactment of this Act. clause (IV) and by moving such clause to im- cent of the total average actuarial value of (2) ADVANCE NOTICE OF TERMINATIONS AND mediately follow subclause (III); and the benefits under the plan as of such date REDUCTIONS.—The amendment made by sub- (5) by inserting after such subclause (IV) (taking into account an appropriate adjust- section (e)(2) shall apply to qualifying events the following new subclause: occurring after the date of the enactment of ment to permit comparison of values over ‘‘(V) SPECIAL RULE FOR CERTAIN DEPEND- this Act, except that in no case shall notice time); and ENTS IN CASE OF TERMINATION OR SUBSTANTIAL be required under such amendment before ‘‘(B) includes an increase in premiums re- REDUCTION OF RETIREE HEALTH COVERAGE.—In quired to an amount that exceeds the pre- such date. the case of a qualifying event described in mium level described in the fourth sentence Subtitle C—Amendments to the Internal paragraph (3)(G), in the case of a qualified of section 2202(3). Revenue Code of 1986 beneficiary described in subsection (g)(1)(E) (b) DURATION OF COVERAGE THROUGH AGE SEC. 321. COBRA CONTINUATION BENEFITS FOR who is not the qualified retiree or spouse of 65.—Section 2202(2)(A) of such Act (42 U.S.C. CERTAIN RETIRED WORKERS WHO such retiree, the later of— 300bb–2(2)(A)) is amended— LOSE RETIREE HEALTH COVERAGE. ‘‘(a) the date that is 36 months after the (1) by redesignating clause (iii) as clause (a) ESTABLISHMENT OF NEW QUALIFYING earlier of the date the qualified retiree be- (iv); and EVENT.— comes entitled to benefits under title XVIII (2) by inserting after clause (ii) the follow- (1) IN GENERAL.—Section 4980B(f)(3) of the of the Social Security Act, or the date of the ing new clause: Internal Revenue Code of 1986 is amended by death of the qualified retiree; or ‘‘(iii) SPECIAL RULE FOR CERTAIN DEPEND- inserting after subparagraph (F) the follow- ‘‘(b) the date that is 36 months after the ENTS IN CASE OF TERMINATION OR SUBSTANTIAL ing new subparagraph: date of the qualifying event.’’. REDUCTION OF RETIREE HEALTH COVERAGE.—In ‘‘(G) The termination or substantial reduc- (c) TYPE OF COVERAGE IN CASE OF TERMI- the case of a qualifying event described in tion in benefits (as defined in subsection NATION OR SUBSTANTIAL REDUCTION OF RE- section 2203(6), in the case of a qualified ben- (g)(6)) of group health plan coverage as a re- TIREE HEALTH COVERAGE.—Section eficiary described in section 2208(3)(C) who is sult of plan changes or termination in the 4980B(f)(2)(A) of such Code is amended— not the qualified retiree or spouse of such re- case of a covered employee who is a qualified (1) by striking ‘‘The coverage’’ and insert- tiree, the later of— retiree.’’. ing the following: March 17, 1998 CONGRESSIONAL RECORD — SENATE S2133

‘‘(i) IN GENERAL.—Except as provided in market. Without the benefits of having their Applicability of Medicare Rules: Services clause (ii), the coverage’’; and costs averaged with younger people, as with covered and cost sharing would be, for pay- (2) by adding at the end the following: employer-based insurance, these people often ing participants, the same as those of Medi- ‘‘(ii) CERTAIN RETIREES.—In the case of a face high premiums. care beneficiaries. Participants would have qualifying event described in paragraph Such access problems will increase, the choice of fee-for-service or managed care. (3)(G), in applying the first sentence of due to two trends: declines in retiree No Medicaid assistance would be offered to clause (i) and the fourth sentence of subpara- health coverage and the aging of the participants for premiums or cost sharing. graph (C), the coverage offered that is the baby boom generation. Recently, busi- Medigap policy protections would apply, but most prevalent coverage option (as deter- nesses have cut back on offering health the open enrollment provision remains at mined under regulations of the Secretary of age 65. Labor) continued under the group health coverage to pre-65-year-old retirees; Disenrollment: People could stop buying plan (or, if none, under the most prevalent only 40 percent of large firms now do into Medicare at any time. People who other plan offered by the same plan sponsor) so. In several small but notable cases, disenroll would pay the deferred premium as shall be treated as the coverage described in businesses have dropped retirees’ though they had been enrolled for a full year such sentence, or (at the option of the plan health benefits after workers have re- (e.g., a person who buys in for 3 months in and qualified beneficiary) such other cov- tired. These ‘‘broken promise’’ retirees 1999 would pay the deferred premium as erage option as may be offered and elected lack access to employer continuation though they participated for 12 months). by the qualified beneficiary involved.’’. This is intended to act as a disincentive for coverage and could have problems find- temporary enrollment. (d) INCREASED LEVEL OF PREMIUMS PER- ing affordable individual insurance. Fi- MITTED.—Section 4980B(f)(2)(C) of such Code Title II. Access to Medicare Benefits for is amended by adding at the end the follow- nally, the number of people 55 to 65 Displaced Workers 55-to-62 Years of Age ing new sentence: ‘‘In the case of an individ- years old will rise from 22 million to 35 In addition to people ages 62 to 65, a tar- ual provided continuation coverage by rea- million by 2010 — or by 60 percent. geted group of 55 to 61 year olds could buy son of a qualifying event described in para- Summary into Medicare. The Medicare buy-in would be graph (3)(G), any reference in clause (i) of This bill creates three important health in- the same as above, with the following excep- this subparagraph to ‘102 percent of the ap- surance choices for certain people ages 55 to tions. plicable premium’ is deemed a reference to 65: Eligibility: People would be eligible if they ‘125 percent of the applicable premium for 1. People ages 62 to 65 without access to are between ages 55 and 61 and: (1) lost their employed individuals (and their dependents, group insurance could buy into Medicare; job because their firm closed, downsized, or if applicable) for the coverage option re- 2. Workers ages 55 and older and their moved, or their position was eliminated (de- ferred to in subparagraph (A)(ii)’.’’. spouses who lose their health insurance fined as being eligible for unemployment in- (e) NOTICE.—Section 4980B(f)(6) of such when their firm closes or they are laid off surance) after January 6, 1998; (2) had health Code is amended— could buy into Medicare; and insurance through their previous job for at (1) in subparagraph (D)(i), by striking ‘‘or 3. Retirees ages 55 and older whose employ- least one year (certified through the process (F)’’ and inserting ‘‘(F), or (G)’’; and ers drop their retiree health coverage after created under HIPAA to guarantee continu- (2) by adding at the end the following: they have retired could buy into the employ- ation coverage); and (3) do not have access to employer sponsored, COBRA, or federal ‘‘The notice under subparagraph (D)(i) in the er’s health plan through ‘‘COBRA’’ coverage. Participants would pay premiums to cover health insurance. Spouses of these eligible case of a qualifying event described in para- almost the entire costs of coverage. Any people may also buy into Medicare. graph (3)(G) shall be provided at least 90 days shortfall would be paid for by policies to re- Premium Payments: Participants would before the date of the qualifying event.’’. duce Medicare fraud and overpayments, pro- pay one, geographically adjusted premium, (f) EFFECTIVE DATES.— posed in a companion bill called the Medi- with no Medicare ‘‘loan’’. This premium rep- (1) IN GENERAL.—The amendments made by care Anti-Fraud and Overpayment Act of resents what Medicare would pay on average this section (other than subsection (e)(2)) 1998. for all people in this age group plus an add- shall apply to qualifying events occurring on The Medicare buy-in would be completely on (65 percent of the age average) to com- or after January 6, 1998. In the case of a walled off from the Medicare Trust Funds, to pensate for some of the extra costs of par- qualifying event occurring on or after such ensure that it does not in any way affect cur- ticipants who may be sicker than average. date and before the date of the enactment of rent beneficiaries. These premiums would be about $400 per this Act, such event shall be deemed (for pur- Title I. Access to Medicare Benefits for month. poses of such amendments) to have occurred Individuals 62-to-65 Years of Age Disenrollment: Like people ages 62 to 65, on the date of the enactment of this Act. eligible displaced workers and their spouses The centerpiece of this initiative is the (2) ADVANCE NOTICE OF TERMINATIONS AND must enroll in the buy-in within 63 days of Medicare buy-in for people ages 62 to 65. REDUCTIONS.—The amendment made by sub- becoming eligible. Participants continue to section (e)(2) shall apply to qualifying events Eligibility: People ages 62 to 65 who do not have access to employer sponsored or federal pay premiums until they voluntarily occurring after the date of the enactment of disenroll, gain access to federal or employer- this Act, except that in no case shall notice health insurance may participate. Premium Payments: Participants would based insurance or turn 62 and become eligi- be required under such amendment before pay two separate premiums—one before age ble for the more general Medicare buy-in. such date. 65 and one between age 65 and 85: Once they disenroll, they may only re-enroll TITLE IV—FINANCING Base premium: The base premium would be if they meet all the eligibility rules again. SEC. 401. REFERENCE TO FINANCING PROVI- paid monthly between enrollment and when Title III. Retiree Health Benefits Protection Act SIONS. the participant turns age 65. It is the part of The bill would also help retirees and their Any increase in payments under the medi- the full premium that represents what Medi- dependents whose former employer unex- care program under title XVIII of the Social care would pay on average for all people in pectedly drops their retiree health insur- Security Act that results from the enact- this age group. CBO estimates that this ance, leaving them uncovered and with few ment of this Act shall be offset by reductions would be about $300 per month. It would be places to turn. in payments under such program pursuant to adjusted for geographic variation, but the Eligibility: People ages 55 to 65 and their the anti-fraud and anti-abuse provisions en- maximum premium would be limited to en- dependents who were receiving retiree health acted as part of the Medicare Fraud and sure participation in all areas of the coun- coverage but whose coverage was terminated Overpayment Act of 1998. try. or substantially reduced (benefits’ value re- Deferred premium: The deferred premium duced by half or premiums increased to a MEDICARE EARLY ACCESS ACT OF 1998 would be paid monthly beginning at age 65 level above 125 percent of the applicable pre- mium) would qualify them for ‘‘COBRA’’ A BILL DESIGNED TO PROVIDE AMERICANS 55 TO until the beneficiary turns age 85. It is the continuation coverage. 65 NEW HEALTH INSURANCE OPTIONS part of the premium that covers the extra costs for participants who are sicker than Premium Payments: Participants would Background average. Participants will be told before pay 125 percent of the applicable premium. Americans ages 55 to 65 face special prob- they enroll what their deferred premium will This premium is higher than what most lems of access to and affordability of health be. CBO estimates that this would be about other COBRA participants pay (102 percent) insurance. They face greater risks of health $10 per month per year of participation. to help offset the additional costs of partici- problems and are twice as likely to have This two-part payment plan acts like a pants. heart disease, strokes, or cancer as people mortgage: it makes the up-front premium af- Enrollment: Participants would enroll aged 45 to 54. As people approach 65, many fordable but requires participants to pay through their former employer, following the retire or shift to part-time work or self-em- back the Medicare ‘‘loan’’ with interest. It same rules as other COBRA eligibles. ployment as a bridge to retirement, some- also ensures that in the long-run, this buy-in Disenrollment: Retirees would be eligible times involuntarily. Displaced workers aged is self-financing. until they turn 65 years-old. 55 to 65 are much less likely than younger Enrollment: Eligible people can enroll Companion Bill: Medicare Anti-Fraud and workers to be re-employed or re-insured within two months of either turning 62 or Overpayment Act of 1998 through a new employer. As a result, more of losing access to employer-based or federal This bill improves the financial integrity them rely on the individual health insurance insurance. of Medicare and helps fund the Medicare S2134 CONGRESSIONAL RECORD — SENATE March 17, 1998 buy-in. It does this through a series of poli- Mr. KENNEDY. Mr. President, too disinformation against the program. cies, including: many Americans nearing age 65 face a They claim that it will somehow harm Eliminating Excessive Medicare Reim- crisis in health care. They are too Medicare—even though that is not bursement for Drugs. A recent report by the HHS Inspector General found that Medicare young for Medicare, but too old for af- true. They say we should wait for the currently pays hundreds of millions of dol- fordable private coverage. Many of Medicare Advisory Commission to re- lars more for 22 of the most common and them face serious health problems that port—but older uninsured Americans costly drugs than would be paid if market threaten to destroy the savings of a have waited too long for the help they prices were used. For more than one-third of lifetime and prevent them from finding need. They say that this is just another these drugs, Medicare pays more than double or keeping a job. Many are victims of entitlement program—ignoring the the actual acquisition costs, and in one case, corporate down-sizing or a company’s fact that it will be paid for in full—and pays as high as ten times the amount. This decision to cancel the health insurance primarily by the participants them- proposal would ensure that Medicare pay- ments are provider’s actual acquisition cost protection they relied on. No American selves. They say it is another attempt of the drug without mark-ups. nearing retirement can be confident to inject government into the health Eliminating Overpayments for Epogen. A that the health insurance they have care system—even though it simply 1997 HHS Inspector General report found that today will protect them until they are gives uninsured older Americans better Medicare overpays for Epogen (a drug used 65 and are eligible for Medicare. access to the health care they need for kidney dialysis patients). This policy Three million Americans aged 55 to through the most successful health would change Medicare reimbursement to re- 64 have no health insurance today. The program ever enacted. flect current market prices (from $10 per consequences are often tragic. As a The opponents of this proposal will 1,000 units administered to $9). Eliminating Abuse of Medicare’s Out- group, they are in relatively poor do everything they can to keep the pro- patient Mental Health Benefits. The HHS In- health, and their condition is more gram from coming to the floor of the spector General has found abuses in Medi- likely to worsen the longer they re- House and Senate for a full and fair de- care’s outpatient mental health benefit—spe- main uninsured. They have little or no bate. They have a lot of power in Con- cifically, that Medicare is sometimes billed savings to protect against the cost of gress. But they don’t have the Presi- for services in inpatient or residential set- serious illness. Often, they are unable dent on their side. They don’t have the tings. This proposal would eliminate this to afford the routine care that can pre- vast majority of Democrats in Con- abuse by requiring that these services are only provided in the appropriate treatment vent minor health problems from turn- gress on their side. And most of all, setting. ing into serious disabilities or even they do not have the American people Ensuring Medicare Does Not Pay For life-threatening illness. on their side. Claims Owed By Private Insurers. Too often, The number of uninsured is growing We intend to do all we can to bring Medicare pays claims that are owed by pri- every day. Between 1991 and 1995, the this issue to the floor of the Senate vate insurers because Medicare has no way of number of workers whose employers early this year. There will be a vote, knowing the private insurer is the primary promise them benefits if they retire and, if necessary, there will be many payer. This proposal would require insurers early dropped twelve percent. Barely a votes. Despite the opposition of the Re- to report any Medicare beneficiaries they cover. Also, Medicare would be allowed to re- third of all workers now have such a publican Leadership, this Congress has coup double the amount owed by insurers promise. In recent years, many who already taken a major step to expand who purposely let Medicare pay claims that have counted on an employer’s com- health insurance coverage for Amer- they should have paid, and impose fines for mitment found themselves with only a ican children. This can also be the Con- failure to report no-fault or liability settle- broken promise. Their coverage was gress that extends help to older Ameri- ments for which Medicare should have been canceled after they retired. cans who need health care. The Amer- reimbursed. The plight of older workers who lose ican people want us to act, and I am Enabling Medicare to Negotiate Single, their jobs through layoffs or Simplified Payments for Certain Routine confident that Congress will respond. Surgical Procedures. This proposal would ex- downsizing is also grim. It is hard to Mr. DASCHLE. Mr. President, today pand HCFA’s current ‘‘Centers of Excel- find a new job at age 55 or 60—and even I join my colleagues in introducing the lence’’ demonstration that enables Medicare harder to find a job that provides Medicare Early Access Act. The bill of- to pay for hospital and physician services for health insurance. For these older fers new coverage options for a popu- certain high-cost surgical procedures Americans left out and left behind lation that faces significant problems through a single negotiated payment. This through no fault of their own after dec- finding affordable insurance, individ- lets Medicare receive volume discounts and, ades of hard work, it is time to provide uals between age 55 and 65, the age at in return, enables hospitals to increase their a helping hand. which they become eligible for Medi- market share, gain clinical expertise, and improve quality. And finally, significant numbers of care. Deleting Civil Monetary Penalty Provision retired workers and their families have It is not easy to be without health in- that Weakens Ability to Reduce Fraud and found themselves left high and dry surance between the ages of 55 and 65. Abuse. HIPAA limited the standard used in when their employers cut back their You are twice as likely as someone just imposing civil monetary penalties regarding coverage or canceled it altogether. 10 years younger to experience heart false Medicare claims. It limited the duty on The legislation we are introducing disease, cancer, or other significant providers to exercise reasonable diligence to today is a lifeline for millions of these health problems. submit true and accurate claims. This provi- Americans. It provides a bridge to help And it is not easy to find health in- sion would repeal this weakening of the standard. them through the years before they surance when you’re between 55 and 65. Deleting the Exceptions from Anti-Kick- qualify for full Medicare eligibility. It Prices for coverage often are back Statute for Certain Managed Care Ar- is a constructive next step toward the unaffordable. For those with serious rangements. Current law makes an exception day when every American will be guar- health problems, finding coverage can from the anti-kickback rules for any ar- anteed the fundamental right to health be impossible. rangement where a medical provider is at care. It will impose no additional bur- There are 2.9 million individuals ages ‘‘substantial financial risk’’ whether through den on Medicare, because it is fully 55 to 65 without health insurance. a ‘‘withhold, capitation, incentive pool, per paid for by premiums from the bene- Some individuals in this age group lose diem payment, or any other risk arrange- ment.’’ Because of the difficulty of defining ficiaries themselves. their employer-based health insurance this exception, this provision may be serving I commend Senator MOYNIHAN and when their spouse becomes eligible for as a loophole to get around the anti-kick- Senator DASCHLE and our other co- Medicare. Many lose their coverage be- back provisions. This provision would elimi- sponsors for their leadership on this cause their company downsizes or their nate the exception. issue. I especially commend the Presi- plant closes. Still, others lose insur- Parenteral Nutrition Reform. According to dent for his initiation of this national ance when promised retiree health cov- the Office of the Inspector General, there is debate by including this proposal in his erage is dropped unexpectedly. an overpayment for these services. This pro- A little over 3 years ago, 1,200 former posal would pay for these products at actual budget. When this legislation becomes acquisition cost and add a requirement that law, millions of older families will have employees of the John Morrell the Secretary provides for administrative him to thank. meatpacking plant in Sioux Falls, costs and sets standards for the quality of The opponents of this constructive South Dakota, received letters in the delivery of parenteral nutrition. step are already waging a campaign of mail telling them their retiree health March 17, 1998 CONGRESSIONAL RECORD — SENATE S2135 benefits would be canceled in a matter (Mr. LOTT), the Senator from New York At the request of Mr. D’AMATO, the of weeks. These were men and women (Mr. D’AMATO), the Senator from Dela- names of the Senator from Kentucky who had worked for 20, 30, even 40 years ware (Mr. BIDEN), and the Senator from (Mr. FORD), the Senator from Arkansas at the Morrell plant. Idaho (Mr. CRAIG) were added as co- (Mr. HUTCHINSON), and the Senator The company did not give them re- sponsors of S. 195, a bill to abolish the from New Jersey (Mr. TORRICELLI) were tiree health benefits out of the good- National Endowment for the Arts and added as cosponsors of S. 1252, supra. ness of their hearts. The Morrell work- the National Council on the Arts. S. 1283 ers earned those benefits. They took At the request of Mrs. HUTCHISON, the smaller pay increases and made other name of the Senator from Pennsyl- At the request of Mr. BUMPERS, the names of the Senator from Nevada (Mr. sacrifices while they were still working vania (Mr. SPECTER) was added as a co- so they could have some measure of se- sponsor of S. 195, supra. REID), and the Senator from Ohio (Mr. DEWINE) were added as cosponsors of S. curity when they retired. S. 381 1283, a bill to award Congressional gold The letters telling the Morrell retir- At the request of Mr. ROCKEFELLER, ees that their former company was the name of the Senator from New medals to Jean Brown Trickey, Carlotta Walls LaNier, Melba Patillo canceling their health benefits was just York (Mr. D’AMATO) was added as a co- the first of many shocks. An additional sponsor of S. 381, a bill to establish a Beals, Terrence Roberts, Gloria Ray shock came when those Morrell em- demonstration project to study and Karlmark, Thelma Mothershed Wair, ployees under 65 were forced to buy ex- provide coverage of routine patient Ernest Green, Elizabeth Eckford, and orbitant private health insurance—an care costs for medicare beneficiaries Jefferson Thomas, commonly referred extremely difficult purchase on a retir- with cancer who are enrolled in an ap- collectively as the ‘‘Little Rock Nine’’ ee’s pension. proved clinical trial program. on the occasion of the 40th anniversary of the integration of the Central High To address these concerns, I intro- S. 442 duced legislation, S. 1307, the Retiree At the request of Mr. WYDEN, the School in Little Rock, Arkansas. Health Benefits Protection act of 1997. name of the Senator from California S. 1305 S. 1307 would require companies to (Mrs. BOXER) was added as a cosponsor At the request of Mr. GRAMM, the keep the promises they make to their of S. 442, a bill to establish a national name of the Senator from Maine (Ms. retirees and their families. policy against State and local govern- COLLINS) was added as a cosponsor of S. I am pleased that the President, Sen- ment interference with interstate com- 1305, a bill to invest in the future of the ator MOYNIHAN, and Representative merce on the Internet or interactive United States by doubling the amount STARK have incorporated a key piece of computer services, and to exercise Con- authorized for basic scientific, medical, that bill in the Medicare Early Access gressional jurisdiction over interstate and pre-competitive engineering re- Act. This provision would allow retir- commerce by establishing a morato- search. ees between ages 55 and 65 to buy into rium on the imposition of exactions S. 1321 their former employer’s health plan if that would interfere with the free flow the employer cancels or substantially of commerce via the Internet, and for At the request of Mr. TORRICELLI, the reduces promised benefits. Retirees and other purposes. names of the Senator from North Caro- their spouses would remain eligible lina (Mr. FAIRCLOTH), and the Senator S. 775 until they turn 65 and become eligible from Louisiana (Ms. LANDRIEU) were At the request of Mr. JEFFORDS, the for Medicare. name of the Senator from North Da- added as cosponsors of S. 1321, a bill to The Medicare Early Access Act in- amend the Federal Water Pollution kota (Mr. CONRAD) was added as a co- cludes two additional important provi- sponsor of S. 775, a bill to amend the Control Act to permit grants for the sions for individuals ages 55 to 65. Internal Revenue Code of 1986 to ex- national estuary program to be used First, it would allow people between clude gain or loss from the sale of live- for the development and implementa- the ages of 62 and 65 who do not have stock from the computation of capital tion of a comprehensive conservation access to group coverage to buy into gain net income for purposes of the and management plan, to reauthorize the Medicare program. Second, it earned income credit. appropriations to carry out the pro- would offer access to Medicare for gram, and for other purposes. workers between the ages of 55 and 65, S. 1021 S. 1350 and their spouses, when their employer At the request of Mr. HAGEL, the downsizes or their plant shuts down. name of the Senator from South Da- At the request of Mr. LEAHY, the Some have questioned whether this kota (Mr. DASCHLE) was added as a co- name of the Senator from New York program will hurt the current Medicare sponsor of S. 1021, a bill to amend title (Mr. MOYNIHAN) was added as a cospon- program. Let me emphasize that the 5, United States Code, to provide that sor of S. 1350, a bill to amend section proposal will pay for itself. All workers consideration may not be denied to 332 of the Communications Act of 1934 and retirees who buy into Medicare preference eligibles applying for cer- to preserve State and local authority under our plan would pay premiums tain positions in the competitive serv- to regulate the placement, construc- out of their own pockets. Any addi- ice, and for other purposes. tion, and modification of certain tele- tional costs would be paid through sav- S. 1251 communications facilites, and for ings from Medicare anti-fraud and At the request of Mr. THOMAS, his other purposes. abuse measures. Because the bill is name was added as a cosponsor of S. S. 1405 1251, a bill to amend the Internal Reve- self-financing, it does not in any way At the request of Mr. SHELBY, the nue Code of 1986 to increase the threaten Medicare’s solvency or its fu- name of the Senator from Mississippi amount of private activity bonds which ture. It is responsible proposal that (Mr. COCHRAN) was added as a cospon- may be issued in each State, and to pays for itself. sor of S. 1405, a bill to provide for im- index such amount for inflation. Mr. President, there are hundreds of proved monetary policy and regulatory thousands of Americans who could ben- At the request of Mr. D’AMATO, the names of the Senator from Kentucky reform in financial institution manage- efit from this bill. It is my hope that ment and activities, to streamline fi- (Mr. FORD), the Senator from Arkansas we can engage in productive debate nancial regulatory agency actions, to (Mr. HUTCHINSON), and the Senator over the next few weeks and find a way provide for improved consumer credit from New Mexico (Mr. BINGAMAN) were to fill these gaps in health insurance disclosure, and for other purposes. coverage, instead of making excuses added as cosponsors of S. 1251, supra. about why we are waiting to help these S. 1252 S. 1464 individuals. At the request of Mr. THOMAS, his At the request of Mr. HATCH, the f name was added as a cosponsor of S. name of the Senator from Ohio (Mr. 1252, a bill to amend the Internal Reve- GLENN) was added as a cosponsor of S. ADDITIONAL COSPONSORS nue Code of 1986 to increase the 1464, a bill to amend the Internal Reve- S. 195 amount of low-income housing credits nue Code of 1986 to permanently extend At the request of Mr. HELMS, the which may be allocated in each State, the research credit, and for other pur- names of the Senator from Mississippi and to index such amount for inflation. poses. S2136 CONGRESSIONAL RECORD — SENATE March 17, 1998

S. 1536 (Mr. ENZI) and the Senator from Min- BYRD) was added as a cosponsor of Sen- At the request of Mr. TORRICELLI, the nesota (Mr. GRAMS) were added as co- ate Resolution 193, A resolution des- name of the Senator from North Caro- sponsors of S. 1693, a bill to renew, re- ignating December 13, 1998, as ‘‘Na- lina (Mr. FAIRCLOTH) was added as a co- form, reinvigorate, and protect the Na- tional Children’s Memorial Day.’’ sponsor of S. 1536, a bill to amend the tional Park System. SENATE RESOLUTION 194 Public Health Service Act and Em- S. 1724 At the request of Mrs. HUTCHISON, the ployee Retirement Income Security At the request of Ms. COLLINS, the names of the Senator from North Caro- Act of 1974 to require that group and name of the Senator from New Hamp- lina (Mr. HELMS), the Senator from individual health insurance coverage shire (Mr. SMITH) was added as a co- North Carolina (Mr. FAIRCLOTH), and and group health plans provide cov- sponsor of S. 1724, a bill to amend the the Senator from Mississippi (Mr. erage for qualified individuals for bone Internal Revenue Code of 1986 to repeal LOTT) were added as cosponsors of Sen- mass measurement (bone density test- the information reporting requirement ate Resolution 194, A resolution des- ing) to prevent fractures associated relating to the Hope Scholarship and ignating the week of April 20 through with osteoporosis and to help women Lifetime Learning Credits imposed on April 26, 1998, as ‘‘National Kick Drugs make informed choices about their re- educational institutions and certain Out of America Week.’’ productive and post-menopausal health other trades and businesses. f care, and to otherwise provide for re- S. 1737 SENATE CONCURRENT RESOLU- search and information concerning At the request of Mr. MACK, the name osteoporosis and other related bone of the Senator from New York (Mr. TION 84—EXPRESSING THE diseases. D’AMATO) was added as a cosponsor of SENSE OF CONGRESS RELATIVE S. 1621 S. 1737, a bill to amend the Internal TO PROTECTING THE LIVES OF At the request of Mr. GRAMS, the Revenue Code of 1986 to provide a uni- PROPERTY OWNERS IN COSTA name of the Senator from South Caro- form application of the confidentiality RICA lina (Mr. THURMOND) was added as a co- privilege to taxpayer communications Mr. KEMPTHORNE (for himself, Mr. sponsor of S. 1621, a bill to provide that with federally authorized practitioners. HELMS, Mr. FAIRCLOTH, Mrs. FEINSTEIN, certain Federal property shall be made S. 1754 Mrs. BOXER, Mr. CHAFEE, Mrs. available to States for State use before At the request of Mr. FRIST, the HUTCHISON, Mr. COVERDELL, Mr. being made available to other entities, name of the Senator from Maryland GRAMM, Mr. SMITH of New Hampshire, and for other purposes. (Ms. MIKULSKI) was added as a cospon- Mr. LEAHY, Mr. DEWINE, Mr. WARNER, S. 1638 sor of S. 1754, a bill to amend the Pub- and Mr. CRAIG) submitted the following At the request of Mr. CONRAD, the lic Health Service Act to consolidate concurrent resolution; which was re- name of the Senator from Michigan and reauthorize health professions and ferred to the Committee on Foreign (Mr. LEVIN) was added as a cosponsor of minority and disadvantaged health Relations: S. 1638, a bill to help parents keep their professions and disadvantaged health S. CON. RES. 84 children from starting to use tobacco education programs, and for other pur- Whereas, although the United States em- products, to expose the tobacco indus- poses. bassy in Costa Rica had forewarned Costa try’s past misconduct and to stop the S. 1755 Rican officials about threats on Max Dal- ton’s life, on November 13, 1997, 78 year-old tobacco industry from targeting chil- At the request of Mr. REED, the name United States citizen from Idaho and World dren, to eliminate or greatly reduce of the Senator from North Dakota (Mr. War II veteran Max Dalton was surrounded the illegal use of tobacco products by CONRAD) was added as a cosponsor of S. and murdered in a dispute with squatters, children, to improve the public health 1755, a bill to amend the Internal Reve- some of whom were illegally occupying his by reducing the overall use of tobacco, nue Code of 1986 to disallow tax deduc- property in the Pavones region of Costa and for other purposes. tions for advertising, promotional, and Rica; S. 1643 marketing expenses relating to tobacco Whereas the murder of Max Dalton was the tragic conclusion to a seven-year assault At the request of Mr. KENNEDY, the product use unless certain advertising perpetrated against Mr. Dalton by the squat- name of the Senator from New Jersey requirements are met. ters in an attempt to steal his property, and (Mr. TORRICELLI) was added as a co- SENATE JOINT RESOLUTION 41 Costa Rican citizen Alvaro Aguilar was also sponsor of S. 1643, a bill to amend title At the request of Mr. SARBANES, the killed in the incident; XVIII of the Social Security Act to name of the Senator from Massachu- Whereas the initial investigation of Max delay for one year implementation of setts (Mr. KENNEDY) was added as a co- Dalton’s death was flawed in that investiga- the per beneficiary limits under the in- sponsor of Senate Joint Resolution 41, tors failed to take fingerprints, collect bul- terim payment system to home health lets, and secure the scene of the crime; A joint resolution approving the loca- Whereas, landowners, including United agencies and to provide for a later base tion of a Martin Luther King, Jr., Me- States and Costa Rican citizens, have re- year for the purposes of calculating morial in the Nation’s Capital. ported harassment and invasions by squat- new payment rates under the system. SENATE CONCURRENT RESOLUTION 30 ters in areas of the country, other than S. 1647 At the request of Mr. HELMS, the Golfito in Pavones, including Cocotales in At the request of Mr. BAUCUS, the name of the Senator from Colorado the North East, the Caribbean cities of names of the Senator from Maryland (Mr. ALLARD) was added as a cosponsor Cahuita and Cocles, and Jaco on the Pacific Coast; (Ms. MIKULSKI) and the Senator from of Senate Concurrent Resolution 30, A Whereas the squatters’ tactics have in- Pennsylvania (Mr. SANTORUM) were concurrent resolution expressing the cluded stealing and starving livestock, burn- added as cosponsors of S. 1647, a bill to sense of the Congress that the Republic ing homes, leveling crops and fruit trees, reauthorize and make reforms to pro- of China should be admitted to multi- death threats, machete attacks, and, in the grams authorized by the Public Works lateral economic institutions, includ- case of United States citizen, murder; and Economic Development Act of 1965. ing the International Monetary Fund Whereas Costa Rica has a long history of S. 1682 and the International Bank for Recon- democratic governance, respect for human rights and close, friendly relations with the At the request of Mr. D’AMATO, the struction and Development. United States. Nonetheless, successive Costa names of the Senator from Georgia SENATE RESOLUTION 188 Rican governments have failed to deal with (Mr. COVERDELL), the Senator from At the request of Mr. MOYNIHAN, the squatters invading property held by foreign Florida (Mr. MACK), and the Senator names of the Senator from Maine (Ms. and Costa Rican landowners; from Nevada (Mr. REID) were added as SNOWE) and the Senator from Ohio (Mr. Whereas, although Article 45 of the Costa cosponsors of S. 1682, a bill to amend GLENN) were added as cosponsors of Rican Constitution states that ‘‘no one may the Internal Revenue Code of 1986 to re- Senate Resolution 188, A resolution ex- be deprived of his [property] unless on ac- peal joint and several liability of pressing the sense of the Senate re- count of legally proved public interest and spouses on joint returns of Federal in- garding Israeli membership in a United after compensation in conformity with the law,’’ this Constitutional guarantee has been come tax, and for other purposes. Nations regional group. eroded by the broad interpretation of the S. 1693 SENATE RESOLUTION 193 Agrarain Code by individuals who have used At the request of Mr. THOMAS, the At the request of Mr. REID, the name it as the basis for aggressive campaigns names of the Senator from Wyoming of the Senator from West Virginia (Mr. against landowners; March 17, 1998 CONGRESSIONAL RECORD — SENATE S2137

Whereas United States citizens who were of Max Dalton must be investigated MURKOWSKI, Mrs. MURRAY, Mr. NICK- drawn to Costa Rica by the relatively rea- and I urge the Costa Rican Government LES, Mr. REED, Mr. REID, Mr. ROBB, Mr. sonable cost of living and property, particu- to make sure this happens. ROBERTS, Mr. ROCKEFELLER, Mr. ROTH, larly for retirement, report spending tens of I call on the Costa Rican Government Mr. SANTORUM, Mr. SARBANES, Mr. SES- thousands of dollars in legal costs to pursue SIONS, Mr. SHELBY, Mr. SMITH of New repeated challenges in the Costa Rican to take immediate and decisive action courts without achieving permanent solu- to clarify and protect lives and prop- Hampshire, Mr. SMITH of Oregon, Ms. tions to the squatter problems on their erty rights. Law-abiding citizens and SNOWE, Mr. SPECTER, Mr. STEVENS, Mr. lands; residents should not be threatened by THOMAS, Mr. THOMPSON, Mr. THUR- Whereas a concerted national effort on the acts of intimidation, violence and prop- MOND, Mr. TORRICELLI, Mr. WELLSTONE, part of the Government of Costa Rica to deal erty theft by bands of squatters who and Mr. WYDEN) submitted the follow- with the legal confusion and enforcement have been terrorizing legitimate land- ing resolution; which was considered issues relating to property expropriations by owners through all regions of the coun- and agreed to. squatters is necessary and desirable: Now, S. RES. 196 therefore, be it try. Max Dalton’s death must not be in Resolved by the Senate (the House of Rep- vain. Whereas participation by the United resentatives concurring), That it is the sense That is why, Mr. President, I am sub- States Armed Forces in combat operations of Congress that the Government of Costa mitting a resolution, along with 13 of in Southeast Asia during the period from Rica should— my colleagues, condemning the incom- 1964 through 1972 resulted in several hun- (1) in the interest of justice to which Costa dreds of members of the United States petence surrounding the investigation Armed Forces being taken prisoner by North Ricans have long been committed, consider into the death of Max Dalton. It is im- fundamental reform to protect the property Vietnamese, Pathet Lao, and Viet Cong rights and lives of all law-abiding residents portant that this body, the United enemy forces; and property owners of Costa Rica from acts States Senate, acknowledge this situa- Whereas John McCain’s A–4E Skyhawk of intimidation, violence, and property inva- tion and let the Government of Costa was shot down over Hanoi, North Vietnam on sion. Rica know that reform is required. October 26, 1967, and he remained in cap- (2) conduct a complete and thorough inves- Mr. President, I submit this resolu- tivity until March 14, 1973; tigation into the death of Max Dalton. tion on behalf of myself, Senator Whereas John McCain’s aircraft was shorn of it’s right wing by a surface-to-air missile Mr. KEMPTHORNE. Mr. President, I HELMS, Senator FAIRCLOTH, Senator and he plunged toward the ground at about rise today to express my concern with FEINSTEIN, Senator BOXER, Senator 400 knots prior to ejecting; the government of Costa Rica which GRAMM of Texas, Senator HUTCHISON of Whereas upon ejection, John McCain’s has failed to deal with the theft of Texas, Senator CRAIG, Senator DEWINE, right knee and both arms were broken; property from American and Costa Senator SMITH of New Hampshire, Sen- Whereas John McCain was surrounded by Rican landowners by squatters. At the ator CHAFEE, Senator LEAHY, Senator an angry mob who kicked him and spit on him, stabbed him with bayonets and smashed same time, I call on the Government of COVERDELL, and Senator WARNER. Costa Rica to come to a quick and It is time for use to send a very clear his shoulder with a rifle; Whereas United States prisoners of war in thorough conclusion in their investiga- message to Costa Rica, that we ask Southeast Asia were held in a number of fa- tion into the death of United States them for a thorough investigation, cilities, the most notorious of which was Hoa citizen Max Dalton of Idaho. that we call upon them for the reform Lo Prison in downtown Hanoi, dubbed the Despite claims of the Costa Rican so that the landowners—the citizens in ‘‘Hanoi Hilton’’ by the prisoners held there; Government to the contrary, land- Costa Rica and the U.S. citizens that Whereas historians of the Vietnam war owners, including United States and are there—can know that there are have recorded that ‘‘no American reached Costa Rican citizens, have reported laws that will be adhered to and that the prison camp of Hoa Lo in worse condi- tion than John McCain’’; harassment and invasions by squatters justice will be done. Whereas his North Vietnamese captors rec- in all areas of the country. The squat- f ognized that John McCain came from a dis- ters’ tactics have included stealing and SENATE RESOLUTION 196—REC- tinguished military family and caused him starving livestock, burning homes, lev- to suffer special beatings, special interroga- OGNIZING THE COURAGE AND eling crops, death threats, machete at- tions, and the cruel offer of a possible early SACRIFICE OF SENATOR JOHN tacks, and, in the case of one Idahoan, release; MCCAIN AND MEMBERS OF THE murder. Whereas John McCain sat in prison in The Washington Post reported in its ARMED FORCES HELD AS PRIS- Hanoi for over 5 years, risking death from March 2 edition that Max Dalton had ONERS OF WAR DURING THE disease and medical complications resulting VIETNAM CONFLICT from his injuries, steadfastly refusing to co- been threatened by these squatters for operate with his enemy captors because his nearly five years before his death in Mr. LOTT (for himself, Mr. DASCHLE, sense of honor and duty would not permit November. Before he was murdered, Mr. WARNER, Mr. KEMPTHORNE, Mr. him to even consider an early release based Max was harassed by squatters who at- HATCH, Mr. COATS, Mr. HAGEL, Mr. on special advantage; tacked him with machetes, bombed his ABRAHAM, Mr. AKAKA, Mr. ALLARD, Mr. Whereas knowing his refusal to leave early house, stole his horses, and set fire to ASHCROFT, Mr. BAUCUS, Mr. BENNETT, may well result in his own death from his in- his boat. Just days before his death, Mr. BIDEN, Mr. BINGAMAN, Mr. BOND, juries John McCain told another prisoner ‘‘I Max’s children again notified authori- Mrs. BOXER, Mr. BREAUX, Mr. don’t think that’s the right thing to do . . . . They’ll have to drag me out of here’’; BROWNBACK, Mr. BRYAN, Mr. BUMPERS, ties about the threats against their fa- Whereas following the Paris Peace Accords ther. Mr. BURNS, Mr. BYRD, Mr. CAMPBELL, of January 1973, 591 United States prisoners The United States embassy in Costa Mr. CHAFEE, Mr. CLELAND, Mr. COCH- of war were released from captivity by North Rica had warned Costa Rican officials RAN, Ms. COLLINS, Mr. CONRAD, Mr. Vietnam; about threats on Max Dalton’s life. COVERDELL, Mr. CRAIG, Mr. D’AMATO, Whereas the return of these prisoners of Nonetheless, on November 13, 1997, this Mr. DEWINE, Mr. DODD, Mr. DOMENICI, war to United States control and to their 78-year-old United States citizen and Mr. DORGAN, Mr. DURBIN, Mr. ENZI, Mr. families and comrades was designated Oper- World War II veteran was surrounded FAIRCLOTH, Mr. FEINGOLD, Mrs. FEIN- ation Homecoming; Whereas many members of the United STEIN, Mr. FORD, Mr. FRIST, Mr. GLENN, and ultimately murdered by land States Armed Forces who were taken pris- squatters, some of whom were illegally Mr. GORTON, Mr. GRAHAM, Mr. GRAMM, oner as a result of ground or aerial combat occupying his property in the Pavones Mr. GRAMS, Mr. GRASSLEY, Mr. GREGG, in Southeast Asia have not returned to their region of Costa Rica. This crime was Mr. HARKIN, Mr. HELMS, Mr. HOLLINGS, loved ones and their whereabouts remain un- the tragic conclusion to a 5-year as- Mr. HUTCHINSON, Mrs. HUTCHISON, Mr. known; sault perpetrated against Mr. Dalton INHOFE, Mr. INOUYE, Mr. JEFFORDS, Mr. Whereas United States prisoners of war in by the squatters in an attempt to steal JOHNSON, Mr. KENNEDY, Mr. KERREY, Southeast Asia were routinely subjected to his property. Mr. KERRY, Mr. KOHL, Mr. KYL, Ms. brutal mistreatment, including beatings, torture, starvation, and denial of medical at- Many facts remain unanswered sur- LANDRIEU, Mr. LAUTENBERG, Mr. tention; rounding Max Dalton’s death. The in- LEAHY, Mr. LEVIN, Mr. LIEBERMAN, Mr. Whereas the hundreds of United States vestigation into the murder remains LUGAR, Mr. MACK, Mr. MCCAIN, Mr. prisoners of war held in the Hanoi Hilton and stalled and the killers remain at large. MCCONNELL, Ms. MIKULSKI, Ms. other facilities persevered under terrible This cannot be tolerated. The murder MOSELEY-BRAUN, Mr. MOYNIHAN, Mr. conditions; S2138 CONGRESSIONAL RECORD — SENATE March 17, 1998 Whereas the prisoners were frequently iso- Whereas the majority of cases of eating ‘‘(2) a school district in which at least 50 lated from each other and prohibited from disorders last from 1 to 15 years; and percent of the students attending schools in speaking to each other; Whereas the immense suffering surround- such district are eligible for free or reduced- Whereas the prisoners nevertheless, at ing eating disorders, the high cost of treat- cost lunches under the school lunch program great personal risk, devised a means to com- ment for eating disorders, and the longevity established under the National School Lunch municate with each other through a code of these illnesses make it imperative that we Act, or transmitted by tapping on cell walls; acknowledge the importance of education, ‘‘(3) an area designated as a disaster area Whereas then-Commander James B. early detection, and prevention programs: by the Secretary of Agriculture or by the Stockdale, United States Navy, who upon his Now, therefore, be it President under the Disaster Relief and capture on September 9, 1965, became the Resolved, That the Senate designates Emergency Assistance Act in the taxable senior POW officer present in the Hanoi Hil- May 6, 1998, as ‘‘National Eating Disorders year or the 4 preceding taxable years. ton, delivered to his men a message that was Awareness Day’’ to heighten awareness and ‘‘(c) LIMITATION.—The amount of informa- to sustain them during their ordeal, as fol- stress prevention of eating disorders. tion technology training program expenses lows: Remember, you are Americans. With f with respect to an employee which may be faith in God, trust in one another, and devo- AMENDMENTS SUBMITTED taken into account under subsection (a) for tion to your country, you will overcome. the taxable year shall not exceed $6,000. You will triumph; Whereas the men held as prisoners of war ‘‘(d) INFORMATION TECHNOLOGY TRAINING during the Vietnam conflict truly represent THE PARENT AND STUDENT PROGRAM EXPENSES.—For purposes of this all that is best about America; SAVINGS ACCOUNT PLUS ACT section— Whereas Senator John McCain of Arizona ‘‘(1) IN GENERAL.—The term ‘information has continued to honor the Nation with de- technology training program expenses’ voted service; and CONRAD AMENDMENT NO. 2016 means expenses incurred by reason of the Whereas the Nation owes a debt of grati- participation of the employer in any infor- tude to John McCain and all of these patri- (Ordered to lie on the table.) mation technology training program in part- ots for their courage and exemplary service: Mr. CONRAD submitted an amend- nership with State training programs, school Now, therefore, be it ment intended to be proposed by him districts, and university systems. Resolved, That the Senate— to the bill (S. 1133) to amend the Inter- ‘‘(2) INFORMATION TECHNOLOGY.—The term (1) expresses its gratitude for, and calls nal Revenue Code of 1986 to allow tax- ‘information technology’ means the study, upon all Americans to reflect upon and show design, development, implementation, sup- free expenditures from education indi- port, or management of computer-based in- their gratitude for, the courage and sacrifice vidual retirement accounts for elemen- of John McCain and the brave men who were formation systems, including software appli- held as prisoners of war during the Vietnam tary and secondary school expenses and cations and computer hardware.’’ to increase the maximum annual conflict, particularly on the occasion of the (b) CREDIT TO BE PART OF GENERAL BUSI- 25th anniversary of Operation Homecoming, amount of contributions to such ac- NESS CREDIT.—Section 38(b) (relating to cur- and the return to the United States of Sen- counts; as follows: rent year business credit) is amended by ator John McCain; and On page 11, strike lines 5 through 10, and striking ‘‘plus’’ at the end of paragraph (11), (2) acting on behalf of all Americans— insert the following: by striking the period at the end of para- (A) will not forget that more than 2,000 (d) MODIFICATION OF ADJUSTED GROSS IN- graph (12) and inserting ‘‘, plus’’, and by add- members of the United States Armed Forces COME LIMITATION.—Section 530(c)(1) (relating ing at the end the following new paragraph: remain unaccounted for from the Vietnam to reduction in permitted contributions ‘‘(13) the information technology training conflict; and based on adjusted gross income) is amended program credit determined under section (B) will continue to press for the fullest to read as follows: 45D.’’ possible accounting for such members. ‘‘(1) IN GENERAL.—In the case of a contribu- (c) CLERICAL AMENDMENT.—The table of f tor who is an individual, the maximum sections for subpart D of part IV of sub- amount the contributor could otherwise SENATE RESOLUTION 197—DES- chapter A of chapter 1 is amended by adding make to an account under this section shall at the end the following new item: IGNATING MAY 6, 1998, as ‘‘NA- be reduced by an amount which bears the TIONAL DISORDERS AWARENESS same ratio to such maximum amount as— ‘‘Sec. 45D. Information technology training DAY’’ ‘‘(A) the excess of— program expenses.’’ Mr. REID submitted the following ‘‘(i) the contributor’s modified adjusted gross income for such taxable year, over (d) EFFECTIVE DATE.—The amendments resolution; which was referred to the ‘‘(ii) $60,000 ($80,000 in the case of a joint re- made by this section shall apply to amounts Committee on the Judiciary: turn and $40,000 in the case of a married indi- paid or incurred after the date of the enact- S. RES. 197 vidual filing separately), bears to ment of this Act in taxable years ending Whereas over 8,000,000 Americans suffer ‘‘(B) $15,000 ($10,000 in the case of a joint re- after such date. from eating disorders, including anorexia turn and $5,000 in the case of a married indi- Mr. CONRAD. Mr. President, I sub- vidual filing separately).’’ nervosa, bulimia nervosa, and compulsive mit an amendment to S. 1133, the Par- eating; On page 19, between lines 5 and 6, insert Whereas 1 in 10 individuals with anorexia the following: ent and Student Savings Account Plus nervosa will die; SEC. 106. CREDIT FOR INFORMATION TECH- Act. Whereas 1 in 4 college-age women struggle NOLOGY TRAINING PROGRAM EX- The amendment that I am offering with an eating disorder; PENSES. today would extend tax credits to busi- (a) IN GENERAL.—Subpart D of part IV of Whereas 80 percent of young women believe nesses that train workers in informa- they are overweight; subchapter A of chapter 1 (relating to busi- Whereas 52 percent of girls report dieting ness-related credits) is amended by adding at tion technology skills. The credit before the age of 13; the end the following new section: would be equal to twenty percent of Whereas 30 percent of 9-year-old girls fear ‘‘SEC. 45D. INFORMATION TECHNOLOGY TRAIN- the information training expenses pro- becoming overweight; ING PROGRAM EXPENSES. vided by a company; however, these ex- Whereas the incidence of anorexia nervosa ‘‘(a) GENERAL RULE.—For purposes of sec- penses could not exceed $6,000 in a tax- and bulimia has doubled over the last dec- tion 38, in the case of an employer, the infor- able year. The percentage of the credit ade, and anorexia nervosa and bulimia is mation technology training program credit would increase by five percent to twen- striking younger populations; determined under this section is an amount ty five percent for a business that oper- Whereas the epidemiologic profile of indi- equal to 20 percent of information tech- viduals with eating disorders includes all ra- nology training program expenses paid or in- ates a training program in an em- cial and socio-economic backgrounds; curred by the taxpayer during the taxable powerment zone or enterprise commu- Whereas eating disorders cause immeas- year. nity, a school district where fifty per- urable suffering for both victims and fami- ‘‘(b) ADDITIONAL CREDIT PERCENTAGE FOR cent of students are eligible for the lies of the victim; CERTAIN PROGRAMS.—The percentage under school lunch program, or in an area Whereas individuals suffering from eating subsection (a) shall be increased by 5 per- designated by the President or Sec- disorders lose the ability to function effec- centage points for information technology retary of Agriculture as a disaster tively, representing a great personal loss, as training program expenses paid or incurred zone. This amendment would be paid well as a loss to society; by the taxpayer with respect to a program Whereas the treatment of eating disorders operated in— for by reducing the top of the phase- is often extremely expensive; ‘‘(1) an empowerment zone or enterprise out range of the education IRA to Whereas there is a widespread educational community designated under part I of sub- $90,000 for joint filers and $75,000 for in- deficit of information about eating disorders; chapter U, dividuals. March 17, 1998 CONGRESSIONAL RECORD — SENATE S2139 The intent of my amendment is to EDUCATION SAVINGS ACT FOR (B) Section 530(d) (relating to tax treat- encourage businesses to retrain current PUBLIC AND PRIVATE SCHOOLS ment of distributions) is amended by adding employees who may be about to be dis- at the end the following new paragraph: ‘‘(8) DEEMED DISTRIBUTION ON REQUIRED DIS- charged, to retrain unemployed work- GLENN AMENDMENT NO. 2017 TRIBUTION DATE.—In any case in which a dis- ers, and to encourage businesses to tribution is required under subsection enter into partnerships with schools, (Ordered to lie on the table.) (b)(1)(E), any balance to the credit of a des- job training programs or universities Mr. GLENN submitted an amend- ignated beneficiary as of the close of the 30- ment intended to be proposed by him to train students and workers in com- day period referred to in such subsection for to the bill (H.R. 2646) to amend the In- making such distribution shall be deemed puter and information technology ternal Revenue Code of 1986 to allow distributed at the close of such period.’’ skills. As I noted earlier, a higher tax tax-free expenditures from education (2)(A) Section 530(d)(1) is amended by strik- credit would be extended to a business individual retirement accounts for ele- ing ‘‘section 72(b)’’ and inserting ‘‘section that establishes a training program or mentary and secondary school ex- 72’’. (B) Section 72(e) (relating to amounts not partnership in an area where unem- penses, to increase the maximum an- ployment or poverty is high. received as annuities) is amended by insert- nual amount of contributions to such ing after paragraph (8) the following new Mr. President, several months ago— accounts, and for other purposes; as paragraph: January 12, 1998—Vice President GORE, follows: ‘‘(9) EXTENSION OF PARAGRAPH (2)(B) TO while meeting with information tech- Strike section 101 and insert the following: QUALIFIED STATE TUITION PROGRAMS AND EDU- CATIONAL INDIVIDUAL RETIREMENT AC- nology executives in California, an- SEC. 101. MODIFICATIONS TO EDUCATION INDI- COUNTS.—Notwithstanding any other provi- nounced a series of Administration ac- VIDUAL RETIREMENT ACCOUNTS. (a) MAXIMUM ANNUAL CONTRIBUTIONS.— sion of this subsection, paragraph (2)(B) shall tions to meet the growing demand for (1) IN GENERAL.—Section 530(b)(1)(A)(iii) apply to amounts received under a qualified information technology workers. The (defining education individual retirement ac- State tuition program (as defined in section Vice President cited reports by several count) is amended by striking ‘‘$500’’ and in- 529(b)) or under an education individual re- federal agencies including the Depart- serting ‘‘the contribution limit for such tax- tirement account (as defined in section 530(b)). The rule of paragraph (8)(B) shall ment of Commerce, that the demand able year’’. (2) CONTRIBUTION LIMIT.—Section 530(b) (re- apply for purposes of this paragraph.’’ for computer scientists, engineers, and lating to definitions and special rules) is (3) Section 530(d)(4)(B) (relating to excep- systems analysts will double over the amended by adding at the end the following tions) is amended by striking ‘‘or’’ at the end next decade. Industry spokesmen rep- new paragraph: of clause (ii), by striking the period at the resenting the Information Technology ‘‘(4) CONTRIBUTION LIMIT.—The term ‘con- end of clause (iii) and inserting ‘‘, or’’, and Association of America (ITAA) confirm tribution limit’ means $500 ($2,000 in the case by adding at the end the following new clause: that the current shortage of informa- of any taxable year beginning after Decem- ber 31, 1998, and ending before January 1, ‘‘(iv) an amount which is includible in tion technology workers is approxi- 2003).’’ gross income solely because the taxpayer mately 346,000. This shortage includes (3) CONFORMING AMENDMENTS.— elected under paragraph (2)(C) to waive the programmers, systems analysts and (A) Section 530(d)(4)(C) is amended by application of paragraph (2) for the taxable computer engineers. striking ‘‘$500’’ and inserting ‘‘the contribu- year.’’ tion limit for such taxable year’’. (f) EFFECTIVE DATES.— For the information technology in- (B) Section 4973(e)(1)(A) is amended by (1) IN GENERAL.—Except as provided in dustry this shortage is threatening the striking ‘‘$500’’ and inserting ‘‘the contribu- paragraph (2), the amendments made by this competitiveness of U.S. companies. As tion limit (as defined in section 530(b)(5)) for section shall apply to taxable years begin- ITAA President Harris Miller com- such taxable year’’. ning after December 31, 1998. (2) TECHNICAL CORRECTIONS.—The amend- mented in January, ‘‘Technical talent (b) WAIVER OF AGE LIMITATIONS FOR CHIL- DREN WITH SPECIAL NEEDS.—Section 530(b)(1) ments made by subsection (e) shall take ef- is the rocket fuel of the information (defining education individual retirement ac- fect as if included in the amendments made age. As an information-intensive soci- count) is amended by adding at the end the by section 213 of the Taxpayer Relief Act of ety, we cannot afford to stand by as the following flush sentence: 1997. next wave in our economic future de- ‘‘The age limitations in the preceding sen- f parts for foreign shores. Empty class- tence shall not apply to any designated bene- room seats, a poor professional image, ficiary with special needs (as determined PROTOCOLS TO THE NORTH AT- and other factors are conspiring to re- under regulations prescribed by the Sec- LANTIC TREATY OF 1949 ON AC- retary).’’ CESSION OF POLAND, HUNGARY, write an American success story. We (c) CORPORATIONS PERMITTED TO CONTRIB- AND CZECH REPUBLIC must solve this problem’’. UTE TO ACCOUNTS.—Section 530(c)(1) (relating Mr. President, this matter is critical to reduction in permitted contributions for the IT industry as further evi- based on adjusted gross income) is amended HARKIN EXECUTIVE AMENDMENT by striking ‘‘The maximum amount which a denced by a hearing held last month in contributor’’ and inserting ‘‘In the case of a NO. 2018 response to industry concerns over this contributor who is an individual, the maxi- (Ordered to lie on the table.) critical shortage of workers. The hear- mum amount the contributor’’. Mr. HARKIN submitted an executive ing focused on the need to amend cur- (d) NO DOUBLE BENEFIT.—Section 530(d)(2) amendment intended to be proposed by rent immigration law to raise the an- (relating to distributions for qualified edu- cation expenses) is amended by adding at the him to the resolution of ratification for nual cap—currently set at 65,000—for end the following new subparagraph: the treaty (Treaty Doc. No. 105–36) pro- temporary visas for highly skilled ‘‘(D) DISALLOWANCE OF EXCLUDED AMOUNTS tocols to the North Atlantic Treaty of workers. This may be a short term so- AS CREDIT OR DEDUCTION.—No deduction or 1949 on the accession of Poland, Hun- lution to the IT worker shortage; how- credit shall be allowed to the taxpayer under gary, and the Czech Republic. These ever, it is not the long term answer to any other section of this chapter for any protocols were opened for signature at this problem. American workers and qualified education expenses to the extent Brussels on December 16, 1997, and taken into account in determining the signed on behalf of the United States of students must have opportunities to amount of the exclusion under this para- learn these new skills whether through graph.’’ America and other parties to the North partnerships, education or retaining (e) TECHNICAL CORRECTIONS.— Atlantic Treaty; as follows: programs. (1)(A) Section 530(b)(1)(E) (defining edu- At the end of section 3(2)(A) of the resolu- cation individual retirement account) is tion, insert the following: Mr. President. That is the purpose of amended to read as follows: (iv) as used in this subparagraph, the term my amendment—to encourage more op- ‘‘(E) Any balance to the credit of the des- ‘‘NATO common-funded budget’’ shall be portunities for American students and ignated beneficiary on the date on which the deemed to include— workers in the IT field. I hope that my beneficiary attains age 30 shall be distrib- (A) Foreign Military Financing under the colleagues will support this critical uted within 30 days after such date to the Arms Export Control Act; beneficiary or, if the beneficiary dies before (B) transfers of excess defense articles amendment. We can no longer rely on attaining age 30, shall be distributed within under section 516 of the Foreign Assistance merely adjusting immigration quotas 30 days after the date of death to the estate Act of 1961; to meet the skilled IT worker shortage. of such beneficiary.’’ (C) Emergency Drawdowns; S2140 CONGRESSIONAL RECORD — SENATE March 17, 1998 (D) no-cost leases of United States equip- derness area was designated as wilder- mittee on Armed Services be author- ment; ness in that Public Law. ized to meet on Tuesday, March 17, (E) the subsidy cost of loan guarantees and Those who wish to submit written 1998, at 10 a.m. in open session, to con- other contingent liabilities under subchapter statements should write to the Com- sider the nominations for Mr. David R. VI of chapter 148 of title 10, United States mittee on Energy and Natural Re- Oliver, to be Deputy Under Secretary Code; and (F) international military education and sources, U.S. Senate, Washington, D.C. of Defense for Acquisition and Tech- training under chapter 5 of part II of the 20510. For further information, please nology; Dr. Sue Bailey, to be Assistant Foreign Assistance Act of 1961. call Amie Brown or Mark Rey at (202) Secretary of Defense for Health Affairs; f 224–6170. and Mr. Paul J. Hoeper, to be Assistant SUBCOMMITTEE ON NATIONAL PARKS, HISTORIC Secretary of the Army for Research, NOTICES OF HEARINGS PRESERVATION AND RECREATION Development and Acquisition. COMMITTEE ON ENERGY AND NATURAL Mr. THOMAS. Mr. President, I would The PRESIDING OFFICER. Without RESOURCES like to announce for the information of objection, it is so ordered. Mr. CRAIG. Mr. President, I would the Senate and the public that a hear- COMMITTEE ON COMMERCE, SCIENCE, AND like to announce for the public that a ing has been scheduled before the Sub- TRANSPORTATION hearing has been scheduled before the committee on National Parks, Historic Mr. COVERDELL. Mr. President, I Subcommittee on Forests and Public Preservation, and Recreation. ask unanimous consent that the Com- Land Management. The hearing will take place on mittee on Commerce, Science, and The hearing will take place Wednes- Wednesday, April 1, 1998 at 2:00 p.m. in Transportation be authorized to meet day, March 25, 1998 at 2:00 p.m. in room room SD–366 of the Dirksen Senate Of- on March 17, 1998 at 9:30 a.m., on to- SD–366 of the Dirksen Senate Office fice Building in Washington, DC. bacco legislation (smokeless/White Building in Washington, D.C. The purpose of this hearing is to re- House). The purpose of this hearing is to re- ceive testimony on titles I, II, III, and The PRESIDING OFFICER. Without ceive testimony on the following gen- V of S. 1693, a bill to renew, reform, re- objection, it is so ordered. eral land exchange bills: S. 890, to dis- invigorate, and protect the National COMMITTEE ON LABOR AND HUMAN RESOURCES pose of certain Federal properties lo- Park System. Mr. COVERDELL. Mr. President, I cated in Dutch John, Utah, to assist Because of the limited time available ask unanimous consent that the Com- the local government in the interim for the hearing, witnesses may testify mittee on Labor and Human Resources delivery of basic services to the Dutch by invitation only. However, those be authorized to meet for a hearing on John community, and for other pur- wishing to submit written testimony Retirement Security during the session poses; S. 1109, to make a minor adjust- for the hearing record should send two of the Senate on Tuesday, March 17, ment in the exterior boundary of the copies of their testimony to the Sub- 1998, at 10:00 a.m. Devils Backbone Wilderness in the committee on National Parks, Historic The PRESIDING OFFICER. Without Mark Twain National Forest, Missouri, Preservation and Recreation, Commit- objection, it is so ordered. to exclude a small parcel of land con- tee on Energy and Natural Resources, COMMITTEE ON VETERANS AFFAIRS taining improvements; S. 1468, to pro- United States Senate, 364 Dirksen Sen- Mr. COVERDELL. Mr. President, the vide for the conveyance of one (1) acre ate Office Building, Washington, DC Committee on Veterans’ Affairs would of land from Santa Fe National Forest 20510–6150. like to request unanimous consent to to the Village of Jemez Springs, New For further information, please con- hold a markup on the nomination of Mexico, as the site of a fire sub-station; tact Jim O’Toole of the Subcommittee Togo D. West, Jr., to be Secretary, De- S. 1469, to provide for the expansion of staff at (202) 224–5161 or Shawn Taylor partment of Veterans Affairs, and a the historic community cemetery of El at (202) 224–6969. hearing on Persian Gulf War Illnesses: Rito, New Mexico, through the special COMMITTEE ON ENERGY AND NATURAL the lessons learned from Desert Storm designation of five acres of Carson Na- RESOURCES COMMITTEE re chemical and biological weapons Mr. MURKOWSKI. Mr. President, I tional Forest adjacent to the cemetery; preparedness. would like to announce for the public S. 1510, to direct the Secretary of the The markup and hearing will take that a workshop on the status of Puer- Interior and the Secretary of Agri- place on Tuesday, March 17, 1998, at to Rico has been scheduled before the culture to convey certain lands to the 10:00 a.m., in room 216 of the Hart Sen- Energy and Natural Resources Com- ate Office Building. county of Rio Arriba, New Mexico; S. mittee. The PRESIDING OFFICER. Without 1683, to transfer administrative juris- The workshop will take place on objection, it is so ordered. diction over part of the Lake Chelan Thursday, April 2, 1998, at 9:30 a.m., in SUBCOMMITTEE ON CONSTITUTION, FEDERALISM, National Recreation Area from the room SH–216 of the Hart Senate Office AND PROPERTY RIGHTS Secretary of the Interior to the Sec- Building. Mr. COVERDELL. Mr. President, I retary of Agriculture for inclusion in For further information, please call ask unanimous consent that the Sub- the Wenatchee National Forest; S. 1719, James P. Beirne, Senior Counsel, (202/ committee on Constitution, Federal- to direct the Secretary of Agriculture 224–2564) or Betty Nevitt, Staff Assist- ism, and Property, Rights, of the Sen- and the Secretary of the Interior to ex- ant at (202/224–0765). ate Judiciary Committee, be author- change land and other assets with Big f ized to meet during the session of the Sky Lumber Co; S. 1752, to authorize Senate on Tuesday, March 17, 1998 at the Secretary of Agriculture to convey AUTHORITY FOR COMMITTEES TO 10:00 a.m. to hold a hearing in Room certain administrative sites and use MEET 226, Senate Dirksen building, on: ‘‘Pri- the proceeds for the acquisition of of- COMMITEE ON AGRICULTURE, NUTRITION, AND vacy in the Digital Age: Encryption fice sites and the acquisition, construc- FORESTRY and Mandatory Access.’’ tion, or improvement of offices and Mr. COVERDELL. Mr. President, I The PRESIDING OFFICER. Without support buildings for the Coconino Na- ask unanimous consent that the Com- objection, it is so ordered. tional Forest, Kaibab National Forest, mittee on Agriculture, Nutrition, and SUBCOMMITTEE ON TECHNOLOGY, TERRORISM Prescott National Forest, and Tonto Forestry be allowed to meet during the AND GOVERNMENT INFORMATION National Forest in the State of Ari- session of the Senate on Tuesday, Mr. COVERDELL. Mr. President, I zona; H.R. 1439, to facilitate the sale of March 17, 1998, at 9 a.m. in SR–328A. ask unanimous consent that the Sub- certain land in Tahoe National Forest The purpose of this meeting will be to committee on Technology, Terrorism, in the State of California to Placer examine the reauthorization of expir- and Government Information, of the County, California; H.R. 1663, to clarify ing child nutrition programs, specifi- Senate Judiciary Committee, be au- the intent of the Congress in Public cally WIC. thorized to meet during the session of Law 93–632 to require the Secretary of The PRESIDING OFFICER. Without the Senate on Tuesday, March 17, 1998 Agriculture to continue to provide for objection, it is so ordered. at 2:30 p.m. to hold a hearing in Room the maintenance of 18 concrete dams COMMITTEE ON ARMED SERVICES 226, Senate Dirksen building, on: ‘‘Crit- and weirs that were located in the Emi- Mr. COVERDELL. Mr. President, I ical Infrastructure Protection: Toward grant Wilderness at the time the wil- ask unanimous consent that the Com- a New Policy Directive.’’ March 17, 1998 CONGRESSIONAL RECORD — SENATE S2141 The PRESIDING OFFICER. Without face a clear threat to its longstanding inter- In 1939, Joseph Stalin’s army cap- objection, it is so ordered. ests—as in the case of North Korea’s develop- tured 15,000 Polish military officers and ment of nuclear weapons or Saddam Hus- proceeded to perpetrate what some SUBCOMMITTEE ON SEAPOWER sein’s saber-rattling—the Clinton Doctrine Mr. COVERDELL. Mr. President, I dictates cutting a deal and declaring victory, have called one of the most heinous ask unanimous consent that the Sub- preferably with the help of the United Na- war crimes in history. These 15,000 peo- committee on Seapower of the Com- tions. ple were Poland’s elite and presented a mittee on Armed Services, be author- The Kosovo crisis is a microcosm of the ra- serious threat to Stalin’s future con- ized to meet at 2:30 p.m. on Tuesday, cial, ethnic and religious tensions, sup- trol of Poland. Fearing their resist- pressed for decades, that were unleashed in ance, Stalin ordered his army to exe- March 17, 1998 in open session, to re- the Balkans with the end of communism. ceive testimony on ship acquisition in Since 1981 the Albanian majority in Kosovo cute the Polish officers in the Katyn review of the defense authorization re- has sought independence or autonomy. Alba- Forest. There was no trial. There was quest for fiscal year 1999 and the future nians in Kosovo have boycotted all the insti- no justice for the victims of Stalin’s years defense program. tutions of the Yugoslav state, including local excesses. Stalin did this under the The PRESIDING OFFICER. Without and national elections. For his part, Presi- cover of a forest and the shield of his objection, it is so ordered. dent Slobodan Milosevic has used his form authority while hiding it from the control of the police to brutalize and repress international community. The inves- f the Albanians. The Albanians have answered tigation conducted by this Congress ADDITIONAL STATEMENTS violence with violence, directed by an under- ground faction called the Kosovo Liberation found that the victims were unarmed Army. and innocent. It concluded that the If this story has a familiar ring to it, it crime was concealed by the Soviet gov- THE CRISIS IN KOSOVO should. It was Bosnia’s declaration of inde- ernment and that its perpetrators were ∑ Mr. GRAMM. Mr. President, I wish to pendence that led to four bloody years of war never brought to justice. As the years bring to the attention of my colleagues and the involvement of 20,000 U.S. troops. passed, the Soviet government was Again, as in Bosnia, the U.S. finds itself a very incisive commentary on the cur- content to let the Nazi regime be rent situation in Kosovo. My colleague serving the purposes of the most unsavory elements in an ethnic crisis. We are trying to blamed for Katyn. It avoided issuing a from Texas, Senator KAY BAILEY divide the acceptable center between Serbian formal apology or attempting to even HUTCHISON, is the author of the opinion strongman Milosevic on the one side and a make reparations. On February 19, piece to which I refer and which was violent insurgency group, the KLA, on the 1989, the Soviets finally released docu- printed on the editorial page of the other. In the meantime, ordinary people in ments confirming the Soviet role in Wall Street Journal on March 13, 1998. Kosovo, both Albanian and Serbian, suffer. the Katyn Massacre. We are falling into the same trap that en- Senator HUTCHISON has emerged as After fifty years of lies and manipu- one of the most articulate and knowl- snared us in Bosnia. Rather than making clear to our allies and to the belligerents lation, an admission of complicity does edgeable voices in the United States themselves the limits of American involve- not ease the pain of a nation whose en- Senate on today’s foreign policy issues ment, Ms. Albright’s comments hold out the tire population was affected by this and, particularly, our policy in the Bal- prospect for greater involvement. We must horrible event. I am hopeful that as kan region of Europe. As the Clinton resist it. There is no reasonable number of time goes by and more people learn administration decides upon an appro- American ground troops that can end this about this massacre, we will all be able priate U.S. response to the recent vio- crisis. We can contain it, though, first by making to come to terms with the memory of lence in Kosovo, it would do well to clear to our NATO allies that we will not ac- Katyn and the pain that it has caused. consider carefully the commentary of cept their involvement as belligerents in this It is a memory that must be sustained my distinguished colleague. I ask that crisis. This is important because both Greece to ensure that our bonds of humanity the article by Senator HUTCHISON be and Turkey have subsidiary interests in the will continue on into the next millen- printed in the RECORD. southern Balkans. At the same time, we nium and that our past will not be des- The article follows: should make it clear to Germany, Italy and tined to repeat itself. others bordering the region that they have [From the Wall Street Journal, Mar. 13, 1998] Mr. President, I rise today to remem- the means and the interest in resolving this ONE BALKAN QUAGMIRE IS ENOUGH crisis themselves. ber these 15,000 victims with the hope (By Kay Bailey Hutchison) The U.S. can and should provide a great that their memory will prevent future In November 1995, as Congress was debat- deal of support, including airlift, intelligence atrocities from occurring and will ing President Clinton’s decision to send and, most importantly, diplomatic good of- crudely remind the world of its respon- fices. But under no circumstances should we 20,000 U.S. troops to Bosnia, Deputy Sec- sibility to protect the innocent at all hold out the prospect of additional U.S. retary of State Strobe Talbott warned that, times. In 1998, we have an obligation to ground troops. In fact, we should use the op- should Congress fail to support that decision, portunity we now have to reconvene the par- one another to make sure that a trag- the conflict ‘‘could all too easily spread well ties to the Dayton Accords, expand the agen- edy like this does not occur again. The beyond Bosnia.’’ Mr. Talbott’s particular da to include the troubles, in Kosovo, and re- only way to do this is to make sure concern was the southern Yugoslav province vise the partitions already established in that the memory of Katyn lives on.∑ of Kosovo where ethnic Albanians, making Dayton to permit an early American with- up 90% of the population, are repressed by f drawal. the Serb-dominated government in Belgrade. It’s time to reverse the Clinton Doctrine. If PAUL G. UNDERWOOD, COLONEL, Recent events in Kosovo, where dozens of we do not, we may find ourselves not only U.S. AIR FORCE ethnic Albanians have been killed in nearly failing to reduce our presence in the Bal- a week of open fighting, would seem to vali- kans, but increasing it dramatically. Main- ∑ Mr. FAIRCLOTH. Mr. President, yes- date the administration’s fears. Except for taining an open-ended troop commitment in terday, an American hero was honored one thing: The fighting has occurred even Bosnia—and beginning a new one in by his grateful countrymen. Air Force though we did send troops to Bosnia. It ap- Kosovo—would further deteriorate our abil- Colonel Paul Underwood, formerly sta- pears, however, that this subtlety may have ity to defend our national security interests tioned at Seymour Johnson AFB in been lost on the administration. In trying to elsewhere. As Congress considers additional Goldsboro, North Carolina, was laid to rally the allies, Secretary of State Madeleine funding for the mission in Bosnia, it should Albright has warned that ‘‘the only effective rest at Arlington National Cemetery insist that the U.S. not add Kosovo to the after having been shot down more than way to stop violence in that region is to act long list of far-off places where American with firmness, unity and speed. . . . The forces are present but American interests are 30 years ago during his 22nd combat time to stop the killing is now, before it absent.∑ mission over Vietnam. spreads.’’ That’s essentially the same argu- f He was first listed as ‘‘Missing In Ac- ment the administration made to justify the tion’’ for 12 years before being offi- troop commitment to Bosnia. KATYN FOREST MASSACRE cially declared deceased. But, it was The administration’s response to the crisis ∑ Mr. TORRICELLI. Mr. President, I only recently that his remains were re- in the Balkans has been consistent with the Clinton Doctrine, which calls for decisive ac- rise today both to remember the 15,000 covered and brought home for a mili- tion with overwhelming American force only innocent people who died at the Katyn tary funeral with full honors. where our national security interests are Forest Massacre in 1940 and to make Col. Underwood answered the call of poorly defined or nonexistent, as in Somalia sure that their memory never fades duty when our country was most in and Haiti. In contrast, where the U.S. does from our minds. need, not just once, but three times. He S2142 CONGRESSIONAL RECORD — SENATE March 17, 1998 served in World War II, the Korean High Density Transportation Program 600 lives each year. I also worked with Conflict, and finally in Vietnam. He which provides funds to states which Senator DEWINE and Senator WARNER went unquestioningly wherever he was share these same problems and had not to develop a provision that the Senate needed. done well in the apportionment for- adopted that toughens drunk driving To the family and friends of Col. mulas used in the underlying bill. penalties for repeat offenders. And, I Underwood, I extend my deepest sym- Mr. President, as we enter the 21st was a lead co-sponsor on another im- pathy on this solemn occasion. Col. century, with an increasingly global portant anti-drunk driving measure to Underwood gave his life in the service marketplace, one of our most impor- outlaw open containers of alcohol in of his country. His wife, Gloria, his tant functions will be to ensure the ex- moving vehicles nationwide. Alcohol children and grandchildren, and his istence of a seamless transportation has no place on our roads and this bill dearest friends have all suffered the system which can carry large volumes takes a strong stand against drunk great loss that has followed Col. of people and goods. But, for now, se- driving. Underwood’s selfless sacrifice in the vere system failures exist in densely Mr. President, I was also pleased to defense of the freedom that all of us populated, urban areas where high vol- see the Senate adopt another amend- enjoy. ∑ umes of traffic clog the roads and high ment I developed to make ‘‘ports of f repair costs impede routine mainte- entry’’ eligible for the planning and in- nance, not to mention traffic flow en- INTERMODAL SURFACE TRANS- frastructure funding authorized for hancement. Roads in these high den- PORTATION EFFICIENCY ACT this new trade corridor program. To sity States provide invaluable support ∑ Mr. LAUTENBERG. Mr. President, qualify for funding, a port would have to the Nation’s economy by carrying to show that there had been a signifi- last week, the Senate overwhelmingly high value goods and service-providers passed S. 1173, the ISTEA II bill. I sup- cant increase in the transportation of along essential trade corridors which cargo by rail and motor carrier ported that bill because, while it does connect nationally significant ports not provide for all of New Jersey’s through that facility since the enact- and economic sectors to the rest of the ment of NAFTA. highway and transit needs, it is indeed country. However, the intensity of The bill also continues our commit- a better, more balanced bill than the traffic causes highways in these States ment to technology that will increase one that was originally presented by to deteriorate rapidly. As a result, cru- efficiency and improve safety within the Environment and Public Works cial portions of the interstate highway our transportation system, by includ- Committee early last September. Since system linking all of us are in des- ing a comprehensive Intelligent Trans- September, I have managed to secure perate need of repair. Moreover, costs portation Systems program, authorized an additional $120 million in highway are extraordinarily high for highway at $1.8 billion over six years, that I funds each year for New Jersey, which repair and maintenance in these high helped author with the managers of the brings us near to where we need to be. density States, especially in urban In addition, the Senate gave strong bill. Intelligent Transportation Sys- areas. The High Density Transpor- support to the mass transit title of the tems hold the promise of increasing ca- tation Program will address these bill, which continues the federal gov- pacity and promoting safety through problems by providing $360 million a ernment’s solid commitment to our na- innovative technologies. A recently re- year for grants to States that meet tion’s subways, buses and commuter leased report estimated that ITS specific population density, heavy traf- rail projects. Mass transit was helped projects and programs generate a bene- fic, and high urbanization criteria. by an additional $5 billion that was fit/cost ratio of more than 8:1 for the Under this program, eligible States, provided over the life of the bill. I was Nation’s 75 largest metropolitan areas. like New Jersey, are guaranteed $36 pleased to join with Senators D’AMATO, Intelligent Transportation Systems million a year, but they can qualify for SARBANES, MOYNIHAN and DOMENICI in provide cost-effective ways to achieve even more. These funds may be used for announcing this agreement, balancing the Nation’s transportation goals of out the funds allocated to both high- highway and transit projects. Mr. President, the High Density pro- mobility, efficiency, national and ways and mass transit. gram rounds out New Jersey’s funding. international productivity, safety and During these past few months, I have environmental protection. The bill in- worked to ensure that federal transpor- Under ISTEA II, New Jersey will re- ceive a hefty increase each year in corporates ITS into mainstream trans- tation funding allocated to New Jersey portation planning and construction would be enough to meet our state’s highway and transit funds over the funding levels in ISTEA I. More specifi- process for all modes at the local, state tremendous infrastructure needs. The and federal levels. It also integrates original highway title provided ade- cally, this means ISTEA II will provide $1.05 billion each year for New Jersey’s ITS technologies in the Nation’s infra- quate funds to most of the United structure, resulting in coordinated ITS States, but not to all. It simply was roads, bridges, and mass transit sys- tems. This figure includes an average systems that benefit the safe and effi- not balanced. In short, the bill did not cient movement of both passengers and recognize the special needs of high den- of $660 million in highway formula funds and an estimated $390 million in freight in localities, states, regions and sity, high traffic states. Even with an corridors. I am pleased that the Senate extra $20 million in bridge discre- mass transit formula funds for New Jersey. By comparison, the bill as in- adopted a strong, comprehensive pro- tionary funds that the Committee gram. agreed to provide to my state of New troduced last September would have Mr. President, the first ISTEA em- Jersey, my state’s funding levels would only provided New Jersey with an aver- phasized the importance of intermod- have actually been lower in 1998 than age of $532 million for highways and alism in reducing congestion and im- in 1997 despite a 20 percent growth in $345 million for transit. I have fought proving mobility. One way intermod- the overall program. This was unac- hard to improve New Jersey’s funding ceptable and I was determined to levels, and apparently my efforts paid alism will be enhanced in this bill is change that bill. off. through an amendment adopted by the New Jersey is the most densely popu- The Senate also took a strong stand Senate which I strongly supported. lated state in the nation, and our roads against drunk driving in this bill. Alco- This amendment will boost the exist- carry more traffic per lane mile than hol is a dominant cause in 41 percent of ing $18 million annual Ferry Program any state in the country. We are a true highway deaths. However, because the to $50 million for ferry operations corridor state. Ten percent of the na- Senate adopted my amendment to es- around the country. tion’s total freight passes through New tablish a national drunk driving limit Another goal of ISTEA I was the re- Jersey. These conditions create bur- of .08 percent blood alcohol content, I duction of air pollution and traffic con- dens that have an adverse impact on am confident that this grim statistic gestion. Protecting the environment the state’s transportation infrastruc- and the highway death rate in general remains an important element of fed- ture, environment, and economic pro- will improve. Senator DEWINE and I eral surface transportation programs ductivity. fought hard to get this amendment under ISTEA II as well. Thus this bill That’s why, Mr. President, I am passed, and it did, by a 62–32 vote. This increases the Congestion Mitigation pleased that the Senate adopted the amendment is estimated to save 500 to and Air Quality Program funding levels March 17, 1998 CONGRESSIONAL RECORD — SENATE S2143 and maintains the enhancements pro- Today, I rise to offer a tribute to a betterment of New York City. Most fa- gram. This bill also includes an amend- modern-day educator who represents mously, Saint Patrick’s parishioners ment that I authored to establish a the best characteristics of our public and their erstwhile leader Bishop John ‘‘Transportation and Environment Co- education system, Dr. Ralph Izard. Hughes helped define the course of operative Research Program,’’ funded For a dozen years, Dr. Izard has American immigration in the 1830’s at $5 million a year, that will study the served as director of the E. W. Scripps when they refused to let nativists pre- relationship between highway density School of Journalism at Ohio Univer- vent Catholics, mostly poor Irish at and ecosystem integrity, including an sity. Effective June 30, 1998, after more the time, from establishing themselves analysis of the habitat-level impacts of than three decades of service to Ohio in New York City. Their heroic efforts highway density on the overall health University and the academic commu- included an 1835 standoff in front of of ecosystems. nity, he will retire. Saint Patrick’s in which an anti- I am also pleased that the Senate Mr. President, I recognize that jour- Catholic, anti-immigrant mob gathered stated its support for the continuation nalism training occurs throughout our to destroy the Cathedral. The Cathe- of a provision that I authored in the nation, however, those who rate post- dral stood, and with it America’s first original ISTEA that froze longer com- secondary journalism education con- large immigrant population. bination vehicle operations on routes sistently rank Ohio University among Nearby, Saint Patrick’s Old Cathe- as of 1991. Longer combination vehicles the nation’s best. dral School has served as a lead model (LCVs) can be longer than a 737 jetliner Whether it’s education, or politics or for many of New York City’s parochial and can weigh up to 164 tons. Multi- sports, it’s tough to repeat as cham- schools. Founded by the Sisters of trailer trucks are involved in more se- pions. Yet, that is the legacy of Dr. Charity, the schoolhouse on Mott rious crashes than single-unit trucks Izard at Ohio University. Year after Street has offered for 176 years the or small tractor-trailer combinations. year, the E. W. Scripps School of Jour- hope and opportunity of a strong edu- Although big rig trucks make up only nalism, under his direction, has pro- cation to tens of thousands of mostly 3 percent of all regulated vehicles, they duced premier writers, editors and pub- poor, immigrant students. are involved in 21 percent of all fatal lic relations practitioners. Recently, I had the good fortune to revisit Saint Patrick’s Old Cathedral multi-vehicle crashes. The least we can Like all success stories, there are and the Old Cathedral School and am do is maintain the current system and multiple reasons why the E. W. Scripps delighted to report that these institu- not let LCVs branch out onto roads School of Journalism excels. Among tions remain remarkably unchanged in they aren’t already on now. them: a strong faculty and widespread their caring mission and spirit. The Mr. President, I am pleased to sup- private support from alumni and indus- good works abound under the leader- port this bill. I will continue to work try. ship of a newly appointed pastor, Fa- to ensure that New Jersey is treated E. W. Scripps is a legend in the pub- ther Keith Fennessy. I look forward to fairly in the final bill that will be lishing world. The Scripps’ partnership working with him and others in cele- signed by the President. with higher education through Ohio ∑ brating next year’s two hundred and f University is a national model for pri- vate support for public education. fiftieth anniversary of Lorenzo Da EXTENDING THE DEADLINE FOR This success story includes another Ponte’s birth. Da Ponte, who was Mo- SUBMISSION OF A REPORT BY key ingredient; the leadership and pro- zart’s librettist, was a parishioner, and THE COMMISSION TO ASSESS fessionalism of Dr. Ralph Izard. In- his funeral mass was celebrated at Old THE ORGANIZATION OF THE volved in academia for 32 years, Dr. St. Patrick’s. Unfortunately, Da Ponte, FEDERAL GOVERNMENT TO COM- Izard never lost his focus on individual like Mozart, ended up in a mass grave. Next year provides the nation a chance BAT THE PROLIFERATION OF students, and he never lost his love of to celebrate the life of one of the great- WEAPONS OF MASS DESTRUC- teaching. est librettists, and one of the most in- TION That’s because he never stopped learning. As technology changed, Dr. fluential Italian-Americans in our his- ∑ Mr. SPECTER. Mr. President, I ask tory. I eagerly anticipate my return to Izard kept pace. He insisted journalism that the text of the bill, S. 1751 intro- Old St. Patrick’s for these events. education adapt to change. Thus, col- duced on Thursday, March 12, 1998 be By serving the surrounding neighbor- lege training remained relevant to stu- printed in the CONGRESSIONAL RECORD. hoods, Saint Patrick’s Old Cathedral The text of the bill follows: dents and the job market. and Saint Patrick’s Old Cathedral So today, nearly two centuries after S. 1751 School remain as vital as they were al- those early pioneers founded a univer- most two centuries ago. Thus, I extend Be it enacted by the Senate and House of Rep- sity in Athens, Dr. Izard personifies resentatives of the United States of America in my gratitude to these institutions for their ideals of higher education by pre- Congress assembled, their vital work on this great day of paring thousands of their sons and SECTION 1. EXTENSION OF DEADLINE FOR SUB- thanks for their patron saint, St. Pat- MISSION OF COMMISSION REPORT. daughters for the challenges of a new rick.∑ century. Section 712(c)(1) of the Combatting Pro- f liferation of Weapons of Mass Destruction For his achievements, leadership and Act of 1996 (contained in Public Law 104–293) dedication to education, we salute Dr. SUPPORT OF JUDGE FREDERICA is amended by striking ‘‘enactment of this Ralph Izard and wish him well in fu- MASSIAH-JACKSON Act’’ and inserting ‘‘first meeting of the ture endeavors.∑ ∑ Mr. KENNEDY. Mr. President, yes- Commission’’. ∑ f terday, unfortunately, Judge Massiah- f ST. PATRICK AND TWO VENER- Jackson asked President Clinton to TRIBUTE TO DR. RALPH IZARD ABLE NEW YORK CITY INSTITU- withdraw her nomination to serve as a TIONS federal judge in the U.S. District Court ∑ Mr. GLENN. Mr. President, one of in Philadelphia. the fundamentals of our great Republic ∑ Mr. MOYNIHAN. Mr. President, I rise I know that this was a difficult deci- has been public education and the ben- on this great day in honor of Ireland’s sion for Judge Massiah-Jackson and efits it bestows to our society. legendary saint and pay special tribute her family. She is a distinguished state As the early American pioneers to two venerable New York City insti- court judge with a distinguished moved westward across the Appalach- tutions bearing his name. St. Patrick’s record. She has the strong support of ian Mountains, they chartered—in Old Cathedral, dedicated in 1815, and the people of Philadelphia. She earned 1804—the first university in the West- St. Patrick’s Old Cathedral School, the President’s nomination to this dis- ern Territory near the Hocking River opened in 1822, have served the citizens tinguished office, and she should have in the town of Athens: Ohio University. of New York for nearly two centuries. been confirmed by the United States Since then, the impact of this pioneer- Throughout the Cathedral and Senate. ing institution has reached far beyond School’s history, Old St. Patrick’s Instead, she was subjected to numer- the Appalachian foothills, across the priests, nuns, parishioners and students ous unfair attacks and gross distor- nation and around the globe. have contributed so very much to the tions of her record. The attacks on S2144 CONGRESSIONAL RECORD — SENATE March 17, 1998 Judge Frederica Massiah-Jackson by The American Bar Association re- Judge Massiah-Jackson earned these her opponents are full of half-truths, viewed her professional qualifications endorsements because she has estab- and misinformation. for the job. lished herself as a tough-minded, no- In fact, she is a remarkable lawyer Senator SPECTER, Senator SANTORUM, nonsense jurist throughout the more and judge with a long history of service and Senator BIDEN conducted their own than 4,000 cases she has handled in her to the people of Philadelphia, and she hearing in Philadelphia to review 14 years on the Philadelphia Court of deserved to be confirmed to serve as a Judge Massiah-Jackson’s qualifica- Common Pleas. She is tough on crime, federal judge on Pennsylvania’s East- tions even further. and tough on criminals. According to ern District Court. Finally, she appeared before the Ju- the Philadelphia Bar Association’s Judge Massiah-Jackson has worked diciary Committee not once, but twice. independent review committee, Judge long and hard and well to get where she And yesterday, she patiently and pro- Massiah-Jackson is more likely, not is today. She is the daughter of immi- fessionally answered each and every less likely than her colleagues on the grants. Her father came to the United question that Senators put to her. court to convict defendants. States from Barbados, and her mother But perhaps most significant, Judge For serious crimes, such as robbery, came from Haiti. They taught her the Massiah-Jackson had the most impor- rape, and burglary, her conviction rate value of hard work, commitment to tant endorsement that any nominee be- is nearly 50 percent higher than the family, and giving back to the commu- fore this committee could have—the conviction rate of her colleagues. nity. Judge Massiah-Jackson’s entire respect and admiration of the people Her record on sentencing is right life and career are testimony that she who know her best—the people she has down the middle when compared with served for 14 years—the people of her lives by these virtues. other judges on the court. Her rate of She was born and raised in Philadel- hometown of Philadelphia. departure from Pennsylvania’s sen- phia. She graduated from the Univer- Her opponents have distorted her tencing guidelines is not measurably sity of Pennsylvania Law School, one record by mischaracterizing isolated different from her colleagues. In fact, of the nation’s most prestigious law cases from among the thousands she her record shows that she is more like- schools. She could have made a career has handled over the past decade and a ly than her colleagues to depart up- in private practice and been a great fi- half. But the citizens of Philadelphia ward from the guidelines, imposing nancial success. But instead, she has know better. stiffer sentences than the guidelines devoted her life to public service. Listen to what the people who really Upon graduating from law school, she know her have to say. call for. served as a law clerk, then as chief The Philadelphia Bar Association When Judge Massiah-Jackson’s full counsel to the Business Committee of says, ‘‘We know Judge Massiah-Jack- record is considered, it is clear that she the Pennsylvania State Senate. In 1984, son to be an outstanding jurist—fair, is fully qualified to serve on the Fed- she was elected to the Court of Com- patient, and thorough.’’ This is what eral District Court. She eminently de- mon Pleas in Philadelphia, and re- her fellow lawyers in Philadelphia have served her nomination to the federal elected to that position in 1993. to say about her. And they know her court, because of her strong commit- Most nominees for the federal court better than anyone in the United ment to justice, and her profound have a background in either civil law States Senate. knowledge of the law. I am confident or criminal law. But Judge Massiah- Mayor Ed Rendell of Philadelphia that Judge Massiah-Jackson will con- Jackson has a background in both. In strongly supported her nomination. He tinue to serve the people of Philadel- her first years on the Court of Common says, ‘‘It is clear that she should be phia well on the Court of Common Pleas, she handled criminal cases. In confirmed.’’ Pleas.∑ recent years, she has handled the As the Pennsylvania Legislative f court’s docket of complex civil cases. Black Caucus wrote to the Judiciary So this eminently qualified judge will Committee, ‘‘Judge Jackson is an out- ORDERS FOR WEDNESDAY, MARCH bring a wealth of experience to the fed- standing and able jurist. She has la- 18, 1998 eral district court. bored long and hard in the trenches of Mr. HELMS. Mr. President, I ask Her opponents unfairly ignored this the judiciary and is a demonstrated unanimous consent that when the Sen- impressive record. Instead, they supporter of fair and even justice.’’ ate completes its business today, it latched onto a few isolated cases, The organization ‘‘Philadelphians stand in adjournment until 9 a.m. to- mischaracterized them, and then used Against Crime’’ ran an ad in the Phila- morrow, Wednesday, March 18, and im- them to defame the reputation of this delphia Daily News on February 25, mediately following the prayer, the distinguished judge. When she an- saying, ‘‘We support Judge Massiah- routine requests through the morning swered their questions, they invented Jackson for the federal judgeship.’’ hour be granted and the Senate then Barbara Burgos DiTullio, President still more reasons to object to her begin a period for the transaction of of the Pennsylvania Chapter of the Na- nomination. morning business until the hour of tional Organization for Women, writes, This process is unfair. It is unfair to 11:30 a.m., with Senators permitted to Judge Massiah-Jackson ‘‘is highly Judge Massiah-Jackson and her family. speak for up to 5 minutes each, with qualified to hold this position, and any- It is unfair to the people of Philadel- the following exceptions: Senator one looking at her record instead of lis- phia. It is unfair to the nation’s system THOMAS, 45 minutes from 10:15 to 11; tening to those who have personal ven- of justice. And it is a disgrace to the Senator MOYNIHAN and Senator dettas would know this.’’ United States Senate. KERREY, 30 minutes, from 11 to 11:30; The Philadelphia Tribune endorsed Even if the cases that her critics cite Senator JEFFORDS, 10 minutes; and her, saying ‘‘[Judge Massiah-Jackson] were wrongly decided, they represent Senator KENNEDY, 10 minutes. is eminently qualified for the federal less than one percent of the 4,000 cases The PRESIDING OFFICER. Without bench.’’ over which she has presided in her long objection, it is so ordered. career. Here is the Philadelphia Daily News: How many United States Senators ‘‘Frederica Massiah-Jackson’s record f demonstrates her suitability for the can say that they have been right over PROGRAM 99 percent of the time? federal bench.’’ Look at the process that led to her In addition, Judge Massiah-Jackson Mr. HELMS. Mr. President, tomor- nomination. received the support of lawyers who row the Senate will be in a period of She passed the bipartisan judicial se- have appeared before her in court. In a morning business from 9 a.m. until lection committee established by Sen- survey conducted by the Philadelphia 11:30 a.m., and at 11:30 a.m., as under a ator SPECTER and Senator SANTORUM Bar Association, the vast majority of previous agreement, the Senate will with flying colors. the lawyers who appeared before her begin debate on H.R. 2646, the A+ edu- She was screened by the Justice De- expressed their confidence in her integ- cation bill, with Senator ROTH being partment to ensure her qualifications. rity and judicial temperament, and recognized to offer an amendment. In The FBI conducted a thorough back- found her to be industrious and effi- addition, the Senate may also consider ground investigation of her character. cient. S. 414, the international shipping bill, March 17, 1998 CONGRESSIONAL RECORD — SENATE S2145 or S. 270, the Texas low-level radio- sion bill and what kind of interest was To be sure, NATO has been a success. active waste bill, and any other legisla- in it. I said basically it is a big yawn. It has helped keep the peace in Europe tive or executive business cleared for No one is talking about it, very few for nearly 50 years both by deterring Senate action. Therefore, Members can people are writing about it, and yet aggression from the Warsaw Pact na- anticipate rollcall votes throughout this may be the most serious vote that tions and encouraging cooperation be- Wednesday’s session of the Senate. we take this year in the U.S. Senate. tween NATO members. I must say that f Quite frankly, even though I respect due to the commitment of its members the Foreign Relations Committee, they and the leadership of the United ORDER FOR ADJOURNMENT have had a lot of hearings on it I know, States, NATO has largely fulfilled the Mr. HELMS. Mr. President, if there they have had witnesses in, but still it reason for its very birth—the Soviet is no further business to come before has not received the kind of national Union. NATO has fulfilled its original the Senate, I now ask that the Senate debate and national focus that it really intent, it has outlived the Soviet stand in adjournment under the pre- deserves. I think we are kind of rushing Union, and now we have to ask, what is vious order, upon the completion of the this issue right now in light of the fact its future? What role would an ex- remarks of Senator HARKIN. that there is supposed to be a NATO panded NATO play in a post-cold-war The PRESIDING OFFICER. Without study that is due this June. Again, I era? What role would it play in a new objection, it is so ordered. will talk about that in a moment. century, in a new millennium? And the Mr. HELMS. Mr. President, I am ad- Taking such a huge step in foreign question I will be raising tonight and vised the Senator is on his way. I will policy with such low levels of aware- many times during this debate is, at suggest the absence of a quorum, but ness among the public and even in Con- what cost, both in financial terms and at the conclusion of Senator HARKIN’s gress is not a good idea. The debate or, in less tangible areas such as the po- remarks it already stands that we will more accurately, I should say the lack tential for strained relations with non- adjourn under the previous order; is of debate on this important policy member nations or even a dangerous that correct? question has concerned and surprised rollback of the nuclear nonprolifera- The PRESIDING OFFICER. That is me. Moving forward before legitimate tion progress made since the end of the correct. The Senate will be in adjourn- concerns and competing viewpoints re- cold war? ment at that time. ceive a complete airing does not seem One of my primary concerns, as I Mr. HELMS. I suggest the absence of prudent. The usually deliberative Sen- said, is the wide variance in and sus- a quorum. ate seems to be in a rush to pass judg- pect reliability of projected financial The PRESIDING OFFICER. The ment on this issue. I ask, what’s the costs. I have seen projections range clerk will call the roll. rush? from $125 billion down to $1.5 billion. The assistant legislative clerk pro- Concerns about the extension of When you have that kind of wide vari- ceeded to call the roll. America’s military obligations have ance, something is very strange. Mr. HARKIN. Mr. President, I ask been voiced by Members, interest Another piece of the puzzle we are unanimous consent that the order for groups and academics across the politi- missing is how new members are to ad- the quorum call be rescinded. cal spectrum. One must observe more dress their military shortfalls. Al- The PRESIDING OFFICER. Without than just casually that when the voices though the shortfalls were to be identi- objection, it is so ordered. expressing caution include progres- fied in December 1997, the countries’ f sives, conservatives, libertarians and force goals will not be set until this others, Republicans and Democrats, NATO EXPANSION spring. In other words, we are without such diverse opposition may be a sign a plan to address the force goals and Mr. HARKIN. Mr. President, I would to act more slowly and deliberatively the price tag associated with it. I am like to speak just for a few minutes on this issue. very uncomfortable signing the Amer- about the issue of the NATO expansion Let me be clear, I have not yet de- ican taxpayer’s name to a potentially that has come to the floor today. As I cided how I will vote on NATO expan- ballooning blank check. understand the parliamentary situa- sion. If I had to vote tomorrow, I would What share the taxpayers ultimately tion, the NATO expansion resolution vote no, because I believe, more often will pay for NATO expansion is not at has been laid down, we are now in than not, that is the safest way to pro- all clear, not just because there is no morning business, and we will not be ceed when one does not have all the in- consensus on what the overall costs back on the NATO expansion resolu- formation that one needs and when will be, but also because burdensharing tion until sometime later—not tomor- there are, I think, sufficient questions arrangements between current and pro- row—maybe later this week or maybe about the expansion and what it is spective members have not been firmly next week or beyond. going to cost and what its implications established. I am hopeful at the outset that even for our foreign policy will be. However, I will offer an amendment at the be- though the bill has been laid down, the later on, after more information is ginning to deal with some of the cost Senate will be given time for due dis- gleaned in a vigorous public debate, I concerns I have been raising. As we cussion and debate on the proposed might be inclined to vote for it. But at know, the $1.5 billion cost figure that NATO expansion. Quite frankly, I was the present time, I cannot support it we have seen for the United States for one of those who signed a letter with without more information and without NATO expansion is quoted widely and my colleague Senator SMITH from New some more enlightenment as to the ac- broadly. That figure includes only Hampshire and, if I am not mistaken, tual cost figures. what is known as common costs. The 17 other Senators, both Republicans Without a comprehensive consider- figure excludes a number of other ex- and Democrats, asking that the debate ation of the issues surrounding NATO pansion costs for the three nations on the proposed NATO expansion be expansion, I am concerned that we will that are due to join NATO if this reso- suspended or postponed for a while. I continually have to revisit potentially lution passes relating to the upgrading will get into the reasons for that in divisive issues, such as cost and of their militaries. The United States just a moment. I am sorry it is now be- burdensharing among member nations, is expected to contribute substantially fore the Senate. I think it should have the issues of command and coordina- to the ‘‘national’’ costs through bilat- been postponed for very good and suffi- tion of forces, issues of responses to eral subsidies my amendment would re- cient reasons. real and perceived threats, or even the quire, including the bilateral contribu- This is an issue with profound impli- more basic question of the mission and tions, when calculating the U.S. share cations for our Nation and the inter- scope of the organization itself. These of enlargement costs. national community. It is also an issue are not simple questions that lend I ask unanimous consent that the that, I am disappointed to say, has not themselves to a sound-bite debate. text of my amendment be printed in received the kind of vigorous national These are questions which will shape, the RECORD. debate that it deserves. I was asked the for better or for worse, our defense and There being no objection, the text of other day when I was in my home foreign policy options for decades to the amendment was ordered to be State of Iowa about the NATO expan- come. printed in the RECORD, as follows: S2146 CONGRESSIONAL RECORD — SENATE March 17, 1998 At the end of section 3(2)(A) of the resolu- done by NATO at the present time that tries that are not members of NATO tion, insert the following: is due in June. We don’t have that now but perhaps want to be in the near (iv) as used in this subparagraph, the term study right now. This study is basically future. ‘‘NATO common-funded budget’’ shall be on the requirements for upgrading the I understand there will be an amend- deemed to include— (A) Foreign Military Financing under the militaries of these three countries. ment offered that will close the door Arms Export Control Act; That way we would have a better idea for certain other countries to join (B) transfers of excess defense articles of the shortfalls in these countries, in NATO for some specified amount of under section 516 of the Foreign Assistance their militaries, and the costs to the time. What will this do to our relations Act of 1961; United States—not just the common with these countries and the relations (C) Emergency Drawdowns; costs, but the other kinds of costs that of those countries with those nations (D) no-cost leases of United States equip- we will be enlisted to come up with in that will be joining NATO if this reso- ment; (E) the subsidy cost of loan guarantees and terms of the national costs which we lution passes? I think these are all very other contingent liabilities under subchapter will be subsidizing for these three serious questions. I hope the debate VI of chapter 148 of title 10, United States countries. will flesh these out and that we can Code; and I am hopeful as this debate ensues have some solid answers, especially as (F) international military education and that I will be able to engage with mem- to the costs. training under chapter 5 of part II of the bers of the Foreign Relations Commit- Perhaps as to relations between na- Foreign Assistance Act of 1961. tee to explain thoroughly for the tions in the future, this may be more Mr. HARKIN. Basically, we see this record exactly what these national in the realm of speculation. But I be- figure bandied about that it is going to costs are, what our commitments are, lieve that at least these ought to be cost $1.5 billion. That is common costs. what the subsidies are, and if we have talked about and debated, and they There are other national costs to which any data at all, to give us a better idea ought to be debated in light of what we have committed to subsidize. Al- of what these subsidies and the na- the costs to our taxpayers would be. ready, just in the past 2 years, the fig- tional costs will be. If we just projected I am more interested in that than ures that we have been able to unearth ahead based upon what we found in the any of the other aspects of the bill that and dig into show that the United last couple of years, in the next 10 is now before us. States has already spent about $1 bil- years we would be looking at some- Mr. President, with that, I yield the lion in subsidies to these countries for where in the neighborhood of at least floor. their NATO expansion purposes. That an additional $10 billion for our tax- f is not calculated in the $1.5 billion. It payers, at a minimum, and that is be- should be, because it is still a cost to fore any of the upgrades have taken ADJOURNMENT UNTIL 9 A.M. the U.S. taxpayers. place in any of these countries. So that TOMORROW This amendment, plus some others is just based upon what we spent in the The PRESIDING OFFICER. Under that I will have, will try to fashion this last couple of years. the previous order, the Senate will resolution so that we will have a really Mr. President, again I hope we have a stand in adjournment until 9 a.m. to- good handle as we go year by year as to good debate on this. I am hopeful we morrow morning, March 18. just what the costs are to the U.S. tax- can get some better cost figures. As I Thereupon, the Senate, at 6:44 p.m., payers. We know already that $1.5 bil- said, I will offer this amendment at the adjourned until Wednesday, March 18, lion is not the total cost to U.S. tax- appropriate time. I printed it in the 1998, at 9 a.m. payers. It is more than that. How much RECORD today, to get a better handle more? We don’t know. That is why I on the costs. I also will be placing in f was one who wanted to postpone the the RECORD letters from former Sen- CONFIRMATION debate and vote on NATO expansion ators, questions raised by academics after June. I thought we could take it around the country as to just what the Executive nomination confirmed by up in July, have a serious debate, pass purposes of NATO expansion are, what the Senate March 17, 1998: it in midsummer, or not pass it, as the the goals will be, how will this affect THE JUDICIARY will of the body would be. At least at our relations with Russia, how will it Susan Graber, of Oregon, to be U.S. Circuit that time we would have a study being affect our relations with other coun- Judge for the Ninth Circuit. March 17, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E383 EXTENSIONS OF REMARKS

THE TRAGEDY OF HALABJA Many people simply fell dead where they childhood cancers) in those who were in were, immediate casualties of the attack; es- Halabja at the time with an unexposed popu- timates put these deaths at about 5,000. A lation from a city in the same region. We HON. NEWT GINGRICH few were given brief and immediate treat- found the frequencies in Halabja are at least OF GEORGIA ment, which involved taking them to the three to four times greater, even 10 years IN THE HOUSE OF REPRESENTATIVES United States, Europe and Iran. The major- after the attack. An increasing number of Tuesday, March 17, 1998 ity of them returned to Halabja. Since then, children are dying each year of leukemias no medical team, either from Iraq, Europe or and lymphomas. The cancers tend to occur Mr. GINGRICH. Mr. Speaker, I am pleased America or from any international agency in much younger people in Halabja than else- to submit into the CONGRESSIONAL RECORD has monitored either the short- or long-term where, and many people have aggressive tu- this editorial by Dr. Christine Gosden from the consequences of this chemical attack. mors, so that mortality rates are high. No Washington Post of March 11, 1998. I believe Gwynne Roberts, a film director, made the chemotherapy or radiotherapy is available in that this editorial helps put the terrible effects award-winning film ‘‘The Winds of Death’’ this region. of chemical and biological weapons into per- about the attack in 1988. I saw this film, and I found that there was also a total lack of spective and clearly illustrates why Saddam it had a tremendous effect on me. Gwynne access to pediatric surgery to repair the major heart defects, hare lip and cleft palate Hussein is a mortal danger to this planet. We revisited Halabja in 1997 and was concerned that many of the survivors seemed very ill. or other major malformations in the chil- must never allow ourselves to forget the He could not understand why no one had dren. This meant that children in Halabja ghastly horrors of Halabja and Saddam Hus- tried to find out what was happening to are dying of heart failure when children with sein's willingness to inflict the horrors of chem- them. He convinced me that this was some- the same heart defects could have had sur- ical and biological weapons not only on the thing I had to do. gery and would probably have survived in Iranians, but on his own people. Why would a female professor of medical Britain or the United States. It was agoniz- The editorial follows: genetics want to make a trip like this? I ing for me to see beautiful children whose went to learn and to help. This was the first faces were disfigured by hare lip and cleft [From the Washington Post, Mar. 11, 1998] time that a terrible mixture of chemical palate when I know that skilled and gifted WHY I WENT, WHAT I SAW weapons had been used against a large civil- surgeons correct these defects every day in (By Christine Gosden) ian population. I wanted to see the nature North America and Europe. We have all talked so long and so reflex- and scale of the problems these people faced, The neuropsychiatric consequences are ively about ‘‘weapons of mass destruction’’ and was concerned that in the 10 years since seen as human tragedy on every street, in al- that the phrase has lost much of its imme- the attack no one, including the major aid most every house and every ward of the hos- diacy and meaning. It has become, like ‘‘nu- agencies, had visited Halabja to determine pital. People weep and are in great distress clear devastation’’ and ‘‘chemical and bio- exactly what the effects of these weapons because of their severe depression, and suici- logical warfare,’’ an abstract term of govern- had been. dal tendencies are alarmingly evident. The mental memos, punditry and political de- My medical specialty was particularly apt. surgeons often have to remove bullets from bate. For many it calls forth neither visual My principal field of research is directed to- people who have failed in their suicide at- imagery nor visceral revulsion. ward trying to understand the major causes tempts. In collecting data from the Martyrs Two Sundays ago, the TV program ‘‘60 of human congenital malformations, infertil- Hospital in Halabja, the doctors said that Minutes’’ got a good start on changing that ity and cancers including breast, ovarian, they are not able to see patients with psy- when it broadcast the story of the Iraqi city prostate and colon cancers. I am carrying chiatric and neurological conditions because of Halabja 10 years after its civilian popu- out studies on a group of about 15 genes there is a lack of resources and there is no lation had been the target of a chemical at- called tumor suppressor genes, which include effective treatment. Many people have neu- tack by Saddam Hussein. That population is breast/ovarian cancer genes BRCA1 and rological impairment or long-term neuro- mainly Kurdish and had sympathized with BRCA2, colon cancer genes and the muscular effects. Most people cannot afford Iran during the Iran-Iraq war. The gassing of Retinoblastoma and Wilm’s tumor genes as- even the cheapest treatment or drugs and so its people was in retaliation for that sym- sociated with childhood cancers. When these are reluctant to come to the hospital. At pathizing. genes are disrupted or mutate, they have a present, even for those with life-threatening ‘‘60 Minutes’’ has given us permission to number of effects. Alterations lead to con- conditions, there is no effective therapy for make still pictures from the film, which was genital abnormalities or pregnancy loss. any of these conditions in Halabja. originally shot, both in 1988 and 1998, by the Their role after birth is to try to prevent On the first day of my visit to the labor British film maker, Gwynne Roberts. The cancers from forming. Later in life, loss or and gynecological ward in the hospital, there ‘‘60 Minutes’’ staff also helped us to get in mutation may lead to infertility and can- were no women in normal labor and no one touch with the remarkable Dr. Christine cers. had recently delivered a normal baby. Three Gosden, a British medical specialist, whose I was particularly concerned about the ef- women had just miscarried. The staff in the efforts to help the people of Halabja it docu- fects on the women and children. Most of the labor ward told of the very large proportion mented. Dr. Gosden, who went out to Halabja previous reported exposures to chemical of pregnancies in which there were major 10 years after the bombing, agreed to write a weapons and mustard gas had involved men malformations. In addition to fetal losses piece for us, expanding on what she saw in involved in military service; chemical weap- and perinatal deaths, there is also a very Iraq. People around the world have seen the ons had never been used on this scale on a ci- large number of infant deaths. The fre- evidence of deformity and mutation follow- vilian population before. I was worried about quencies of these in the Halabjan women is ing from the nuclear bombing of Hiroshima possible effects on congenital malforma- more than four times greater than that in and Nagasaki. It shaped their attitude to- tions, fertility and cancers, not just in the neighboring city of Soulemaneya. The ward the use of atomic weapons. Maybe if women and children but in the whole popu- findings of serious congenial malformations more evidence of the unimaginable, real-life lation. I also feared that there might be with genetic causes occurring in children effects of chemical warfare becomes avail- other major long-term effects, such as blind- born years after the chemical attack suggest able, a comparable attitude toward those ness and neurological damage, for which that the effects from these chemical warfare weapons will develop. there is no known treatment. agents are transmitted to succeeding genera- On the 16th of March 1988, an Iraqi military What I found was far worse than anything tions. strike subjected Halabja, a Kurdish town of I had suspected, devastating problems occur- Miscarriage, infant deaths and infertility 45,000 in northern Iraq, to bombardment with ring 10 years after the attack. These chemi- mean that life isn’t being replenished in this the greatest attack of chemical weapons ever cals seriously affected people’s eyes and res- community, as one would expect if these used against a civilian population. The piratory and neurological systems. Many be- weapons had no long-term effects. The people chemical agent used were a ‘‘cocktail’’ of came blind. Skin disorders which involve se- hoped that after the attack they could re- mustard gas (which affects skin, eyes and vere scarring are frequent, and many build the families and communities that had the membranes of the nose, throat and progress to skin cancer. Working in conjunc- been destroyed. The inability to do so has led lungs), and the nerve agents sarin, tabun and tion with the doctors in the area, I compared to increasing despair. Their lives and hopes VX. The chemicals to which the people were the frequency of these conditions such as in- have been shattered. One survivor described exposed drenched their skin and clothes, af- fertility, congenital malformations and can- being in a cellar with about a hundred other fected their respiratory tracts and eyes and cers (including skin, head, neck, respiratory people, all of whom died during the attack. contaminated their water and food. system, gastrointestinal tract, breast and Not only do those who survived have to cope

∑ 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. E384 CONGRESSIONAL RECORD — Extensions of Remarks March 17, 1998 with memories of their relatives suddenly SIERRA CLUB SUPPORTS THE and motivations of many of our elected offi- dying in their arms, they have to try to TROPICAL FOREST PRESERVA- cials in the eyes of the people of this country. come to terms with their own painful dis- TION ACT It is even more unjust when those doubts are eases and those of their surviving friends and planted by people we should trust. Recently, relatives. HON. LEE H. HAMILTON the Clinton Administration has deflected the public's attention away from the accusations For instance, many people have more than OF INDIANA one major condition, including respiratory against the President and toward Independent IN THE HOUSE OF REPRESENTATIVES problems, eye conditions, neurological dis- Counsel Kenneth Starr. All of the president's orders, skin problems, cancers and children Tuesday, March 17, 1998 people are repeatedly attacking Mr. Starr and with congenital malformations and child- Mr. HAMILTON. Mr. Speaker, I would like to distracting him from doing his job. What hood handicaps such as mental handicap, bring to my colleagues' attention a letter from makes this a tragedy is the fact that Mr. Starr cerebral palsy and Down’s syndrome. The oc- the Sierra Club dated March 13, 1998, in sup- is merely performing the duties legally dele- currences of genetic mutations and carcino- port of H.R. 2870, the Tropical Forest Con- gated to him. Kenneth Starr is a man of im- genesis in this population appear comparable servation Act of 1998. peccable integrity. He should be allowed to with those who were one to two kilometers There is widespread and growing bipartisan continue his investigation without undue inter- from the hypocenter of the Hiroshima and support for this bill, which now has over 40 co- ference or political attacks. In that way only, Nagasaki atomic bombs and show that the sponsors. Members of the environmental com- will he be able to discern the truth. I have en- chemicals used in this attack, particularly munity have also voiced their support. The Si- closed two relevant editorials. The first was mustard gas, have a general effect on the erra Club, on behalf of its 550,000 members, written by four outstanding former attorneys body similar to that of ionizing radiation. praises H.R. 2870 as an ``innovative solution'' general, and was published on March 11 in Ten years after the attack, people are suf- to tropical forest preservation. the Wall Street Journal. The second article fering a wide spectrum of effects, all of I hope my colleagues will join me in support was found in The Poughkeepsie Journal, a which are attributable to long-term damage of this important bill when it comes before us Gannett newspaper that serves some of my to DNA. A radio broadcast was made the day this week. constituents in Dutchess County, New York. before our arrival to ask people who were ill The letter follows: [From the Wall Street Journal, Mar. 11, 1998] to come to the hospital to record their prob- SIERRA CLUB, LET STARR DO HIS JOB lems. On the first day, 700 people came; 495 of Washington, DC, March 13, 1998. (The following statement was issued last them had two or more major problems. The Re:H.R. 2870, tropical forest debt swap bill. Thursday by four former U.S. attorneys gen- cases we encountered were extremely sad. Hon. Robert Portman, eral. A related editorial appears nearby) As former attorneys general of the United The people of Halabja need immediate Hon. John Kasich, States, we oppose the Independent Counsel Hon. Lee Hamilton, help. There is a need for specialists (such as Act. We believed in the past, and we believe U.S. House of Representatives, Washington, DC. pediatric surgeons), equipment and drugs. now, that the United States Department of DEAR REPRESENTATIVES PORTMAN, KASICH Even more basic than this, though, is the Justice is capable of investigating all crimi- AND HAMILTON: On behalf of the 550,000 mem- need for heat, clean water and careful efforts nal and civil matters involving the United bers of the Sierra Club we are writing to sup- to safeguard them against further attacks. States government. We also believe that the port the early passage of your Tropical For- We have to realize that there is very little Independent Counsel Act raises serious con- est Debt for Nature Swap legislation. As you stitutional issues involving, among other medical or scientific knowledge about how know, primary forests are under assault in to treat the victims of a chemical weapons things, separation of powers and due process. almost all countries. Tropical forests are However, we also believe in the rule of law. attack like this effectively. We need to lis- being destroyed at the rate of 50 to 100 acres In Morrison v. Olson, the United States Su- ten, think and evaluate with skill, since per minute, or 40 to 50 million areas per preme Court ruled that the Independent many of these people have had exposures to year—an area the size of the State of Wash- Counsel Act is constitutional. Moreover, in strange combinations of toxic gases. They ington. If we do nothing to stop this destruc- 1994, after the law had lapsed, Congress reau- have conditions that have not been seen or tion, the majority of these lush forests may thorized the Independent Counsel Act, and reported before. We may severely disadvan- be irreparably damaged within our lifetimes. President Clinton signed it into law. There- While the causes of this destruction are tage a large group of vulnerable people and fore, the Independent Counsel Act is today complex, your legislation demonstrates that deny them effective diagnosis and treatment the law of the land, and it must be enforced. innovative solutions to their preservation As former attorneys general, we are con- if we are intellectually arrogant and fail to can be found. H.R. 2870 follows in the tradi- cerned that the severity of the attacks on admit that we have virtually no knowledge tion of the successful Enterprise for the Independent Counsel Kenneth Starr and his about how to treat the problems resulting Americas Act which led to the establishment office by high government officials and at- from these terrible weapons, which have of national environmental trust funds in torneys representing their particular inter- been used to more powerful and inhumane ef- many Latin American countries. These trust ests, among others, appear to have the im- fect than ever before. funds—managed by non-governmental orga- proper purpose of influencing and impeding nizations—have empowered local citizens to an ongoing criminal investigation and in- The pictures beamed around the world initiate hundreds of environmental protec- timidating possible jurors, witnesses and after the attack in 1988 in newspapers and on tion projects throughout Latin America. even investigators. We believe it is signifi- TV were horrifying. One picture was of a fa- Your bill will bring this creative initiative cant that Mr. Starr’s investigative mandate ther who died trying to shield his twin sons to the rest of the tropical countries. If prop- has been sanctioned by the Attorney General from the attack. The statue in the road at erly funded, the trust funds should greatly of the United States and the Special Division the entrance to Halabja is based on that pic- facilitate the development of long-term solu- of the United States Court of Appeals for the ture. This is not a traditional statue of tions, designed to preserve the remaining District of Columbia. someone standing proud and erect, captured primary tropical forests. Further, Mr. Starr is effectively prevented from defending himself and his staff because in stone or bronze to represent man trium- We welcome this initiative and urge its quick passage into law. Thank you for your of the legal requirements of confidentiality phant and successful, but of a man prostrate leadership in helping to slow the destruction and the practical limitations necessitated by and agonized dying in the act of trying to of these treasure houses of biological diver- the ongoing investigations. protect his children. A deep and lasting chill sity. As former attorneys general, we know Mr. went through me when I entered the town Sincerely, Starr to be an individual of the highest per- and saw the statue, and it settled like a LARRY WILLIAMS, sonal and professional integrity. As a judge toxic psychological cloud over me. This Director, International Program. on the United States Court of Appeals for proved hard to dispel; it intensified as I met the District of Columbia and Solicitor Gen- f eral of the United States, he exhibited exem- the people, heard their stories and saw the plary judgment and commitment to the extent of the long-term illnesses caused by LET STARR SHINE highest ethical standards and the rule of law. the attack. The terrible images of the people We believe any independent counsel, in- of Halabja and their situation persist and HON. GERALD B.H. SOLOMON cluding Mr. Starr, should be allowed to carry recur in my nightmares and disturb my wak- out his or her duties without harassment by OF NEW YORK ing thoughts. Perhaps these thoughts persist government officials and members of the IN THE HOUSE OF REPRESENTATIVES so vividly as a reminder to me that the bar. The counsel’s service can then be major task is now to try and get help for Tuesday, March 17, 1998 judged, by those who wish to do so, when the results of the investigation and the facts un- these people. Mr. SOLOMON. Mr. Speaker, it is tragic derlying it can be made public. enough that doubts abound about the integrity GRIFFIN B. BELL, March 17, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E385 Attorney General for State University and other volunteers under measured on the basis of their economic im- President Jimmy the direction of Dr. T. Temple Tuttle, have or- pact. These centers have served tens of thou- Carter. ganized and hosted the Thyagaraja Festival. sands of women. EDWIN MEESE III, The women's business assistance centers Attorney General for This festival has brought musicians from Asia, President Ronald Africa, Europe, and Australia to perform in the serve our constituencies by offering quality Reagan. City of Cleveland and have their traditional art programs to effectively leverage scarce public RICHARD L. THORNBURGH, forms, cultures, and values celebrated and and private resources into successful job cre- Attorney General for honored by political and educational leaders. ation, new business start-ups, and business Presidents Ronald The event also offers attendees the oppor- expansion. Most of them, even after they are Reagan and George tunity to experience an array of truly excep- no longer eligible for Federal funding, continue Bush. tional cultural performances. Audiences have to be sustained by the private sector. WILLIAM P. BARR, These centers are committed to economic Attorney General for come from as far as Alaska to enjoy these President George festivities. self-sufficiency programs that are as diverse Bush. In its 21st year, over one hundred volun- as the women served; women of color, women teers assisted with food preparation and ar- on public assistance, women seeking self-em- ployment, rural and urban women, and women [From the Poughkeepsie JOurnal, Feb. 28, rangements for the festival. The festival will 1998] highlight the Chief Guest, Sri Mukherjee, and starting home-based businesses. Therefore, it the great vocalist, T.N. Seshagopalan will be is appropriate that we pause to recognize the LET STARR DO HIS JOB honored as ``Sangeetha Rathnakara,'' a high great work of the Women's Business Develop- Spin doctors in Washington have appar- ently performed successful surgery on Presi- honorific meaning ``Jewel of a Performer.'' In ment Center and women's business assist- dent Clinton’s reputation—his approval rat- addition to the scheduled performers, who will ance centers throughout the country. ings are soaring with the angels. But Special come from India this year, 70 to 100 amateur I take special note of the work of Hedy Prosecutor Kenneth Starr’s numbers are performers are expected, and a crowd of over Ratner and Carol Dougal of the Women's down in the cellar. two thousand. Business Development Center, Counselo The steady beat of the president’s people, Mr. Speaker, the Thyagaraja Festival stands Pope of the Cosmopolitan Chamber of Com- all saying the same thing, has had the obvi- as a recognized commitment to international merce, Connie Evans, Director of the Wom- ously desired effect—it’s distracted the at- unity and an appreciation for the beauty of cul- en's Self-Employment Project, Karen tention of the American public away from questions of Clintonian wrongdoing, and tural diversity and artistic expression. Again, I Yarbrough, proprietor of Hathaway Insurance, onto a special prosecutor supposedly running salute the organizers of the 1998 Thyagaraja Deborah M. Sawyer, founder Environmental amuck. Festival for creating an opportunity for the City Design International and other outstanding Clinton’s people loudly proclaim Starr of Cleveland and our great nation to partici- women in the City of Chicago and the state of really is overstepping his bounds in his in- pate in an event whose ultimate objective is to Illinois, who provide immeasurable help and vestigations of the president. If he really increase multi-cultural awareness and accept- support to other women seeking to go into were, there would be grounds for dismissal ance, and secure global peace. business. by the judges who appointed Starr. Or Attor- f f ney General Janet Reno, or the president himself could. TRIBUTE TO WOMEN IN BUSINESS HONORING ALEXANDRIA HIGH But nobody’s moving to dismiss the special SCHOOL FOOTBALL TEAM ON prosecutor. They’re just making lots of noise on television about him. HON. DANNY K. DAVIS WINNING THE 4A STATE CHAM- PIONSHIP Fortunately, the one person whose atten- OF ILLINOIS tion should be on questions of presidential IN THE HOUSE OF REPRESENTATIVES wrongdoing, is. Starr is simply doing his job. HON. BOB RILEY The major issue is not whether Clinton had Tuesday, March 17, 1998 OF ALABAMA affairs with Monica Lewinsky, Paula Jones Mr. DAVIS of Illinois. Mr. Speaker, as we or anyone else—though that certainly is a IN THE HOUSE OF REPRESENTATIVES celebrate Women's History Month, I rise today significant moral matter that he may be Tuesday, March 17, 1998 forced to address, if the allegations turn out to pay tribute to women in business and to ex- to be true. press pride in the fact that the women of Chi- Mr. RILEY. Mr. Speaker, Paul ``Bear'' Bry- The major issue is whether the president cago and Cook County have benefited from ant, the legendary football coach at the Uni- obstructed justice. Whether he committed the successful programs of the Women's Busi- versity of Alabama, used a now famous quote perjury and urged others to do the same. And ness Development Center. to inspire his football team. ``If you believe in whether evidence was tampered with, and Based in Chicago, the Women's Business yourself and have dedication and prideÐand witnesses bought off. That is a significant Development Center serves 2,000 women an- never quit, you'll be a winner. The price of vic- legal issue that could drive him out of the White House. nually with counseling, training, financial as- tory is high but so are the rewards.'' Well, the We must, of course, presume Clinton is in- sistance, certification, procurement and advo- Alexandria High School Football Team of Al- nocent, unless he is proven guilty. He de- cacy on behalf of women's economic em- exandria, Alabama took Coach Bryant's words serves that constitutional privilege as much powerment. The programs of the Chicago- to heart as they worked, practiced, and sac- as any American. based center are effective, successful and rificed throughout their season to be the best It’s also wrong, lacking proof, to paint benefit diverse women. These centers service that they could be. It was this dedication and Kenneth Starr as the guilty party. He’s just an array of women and their families, including desire that enabled the Alexandria High doing his job. Maybe his investigation will School Football team to win the 4A State come to nothing. Maybe not. But let him self-employment for former welfare recipients, take as much time as he needs to do that job business development, expansion and job cre- Championship on December 12, 1997. and discern the truth. ation. While their victory deserves to be recog- The nation deserves truth. Not spin. The work of the Women's Business Devel- nized, what is more impressive is that this vic- f opment Center and other women's business tory marked their second state football title in assistance centers are essential to strengthen- three years. In addition, this team ended their SALUTING THE ORGANIZERS OF ing the economy of this Nation by fostering season with an impressive 13±1 record. THE THYAGARAJA FESTIVAL women's business development nationally. Over the course of the season, Mr. Speak- The WBDC and women's business assist- er, the 51 players of this team bonded into a HON. LOUIS STOKES ance centers are funded by the United States well-knit family, creating a strong following not OF OHIO SBA office of Women's Business Ownership only within the high school itself, but also IN THE HOUSE OF REPRESENTATIVES and by private and public sector support. They throughout the small town of Alexandria. In help support a diverse and growing population fact, this team was such an inspiration to the Tuesday, March 17, 1998 of new and emerging job-creating women en- community that well wishers converged on the Mr. STOKES. Mr. Speaker, it gives me trepreneurs, including women in transition off stadium as early as 3:00 p.m. (nearly four great pleasure to recognize the dedicated welfare. hours before the kickoff) just to find seats. work of an extraordinary group of citizens in These centers are unique in that they pro- Such loyal fans are normally found only on my Congressional District. For the past twenty vide long-term training, involve public and pri- college campuses, and I believe that through years, the Music Department at Cleveland vate partnerships for their support, and can be such a strong following, the players and E386 CONGRESSIONAL RECORD — Extensions of Remarks March 17, 1998 coaches were all that more determined to in mountainous terrain, unprepared and unlit LING, MCKEON, ANDREWS, ROEMER, and PETRI bring home the title. airports, vertical landing zones, confined areas in introducing the Faculty Retirement Incentive Mr. Speaker, I would ask that my colleagues such as hospitals, law enforcement agencies, Act. This bill would amend the Age Discrimina- join me in thanking the parents, teachers, stu- oil rig platforms and remote islands. tion in Employment Act of 1967 (ADEA) to dents and others who have followed this team Perhaps the most dramatic aspect of en- clarify that it is permissible for colleges and and offered their support for this squad hanced vision technologies are their ability to universities to offer voluntary early retirement throughout the entire season. Specifically, I penetrate most weather conditionsÐincluding incentives to tenured faculty that are in part would like to congratulate Head Coach Larry dense fog. For example, ultraviolet electro-op- age-based. Ginn and the assistant coaches for a job well tical guidance systems (UVEOGS) are specifi- I support the principles of the ADEA and done. cally designed to penetrate dense fog. In tests note that the Act has already recognized the I commend them all on the spirit, pride, and structured by the Federal Aviation Administra- unique nature of faculty tenure. In 1986, when hard work they have shown to their commu- tion and the U.S. Air Force, UVEOGS were Congress amended the ADEA to abolish the nity, and I wish them the very best of luck in visible up to a half a mile under 700 feet visi- mandatory retirement age, it included a seven seasons to come. bility conditions. These tests indicated that year exemption for tenured faculty. On De- f when visibility conditions are 700 feet, an air- cember 31, 1993, that exemption was allowed craft pilot can detect a UVEOGS cue on the to expire as recommended by a congression- THE ‘‘AIRPORT SAFETY ACT’’ heads-up display and transfer to actual visual ally mandated study, by the National Academy approach guidance at a distance of at least of Sciences, on the impact of an uncapped re- HON. JAMES A. TRAFICANT, JR. 2,400 feet from the runway. UVEOGS tech- tirement age on higher education. The Acad- nology will allow pilots to acquire runway visi- OF OHIO emy's report, however, concluded that dimin- bility much earlier than with conventional sys- IN THE HOUSE OF REPRESENTATIVES ished faculty turnoverÐparticularly at research temsÐeven under adverse weather condi- universitiesÐcould increase costs and limit in- Tuesday, March 17, 1998 tions. This, in turn, will provide pilots with addi- stitutional flexibility in responding to changing Mr. TRAFICANT. Mr. Speaker, last week I tional reaction time during landing approaches academic needs, particularly with regard to introduced legislation, H.R. 3463, to require to make flight path corrections. necessary hires in new and expanding fields UVEOGS is also compatible with the en- U.S. airports to install enhanced vision tech- and discipline. It thus predicated its rec- hance ground proximity warning system nologies to replace or enhance conventional ommendation for ending mandatory retirement landing light systems over the next ten years. (EGPWS). The actual location and image of a runway, anchored to earth, can be displayed on the enactment of several proposals to miti- The ``Airport Safety Act'' will more than pay for gate these negative effects. The legislation I itself because of the cost effectiveness of en- in concert with the EGPWS ground contour display. The combination of UVEOGS and am introducing today is one of those propos- hanced vision technologies and the reduction EGPWS would mark a significant advance in als. in airplane landing accidents and aborted preventing controlled flight into terrain acci- Moreover, this past January, the bipartisan landings. I urge all members to support this dents. National Commission on the Cost of Higher important legislation. Cold cathode technology produces a more Education included this legislative initiative in H.R. 3463 defines enhanced vision tech- uniform light output than a typical incandes- its recommendations to check the skyrocketing nologies as laser guidance, ultraviolet guid- cent light. As a result, cold cathode lights cost of a college education. The Commission ance, and cold cathode technologies. The bill leave no after image on the retina, even after recommended that ``Congress enact a clari- directs the U.S. Department of Transportation looking directly into the light. This is important fication to the Age Discrimination in Employ- to issue regulations requiring airports to install in aviation applications, especially helicopter ment Act to ensure that institutions offering these technologies to replace or enhance con- operations, because cold cathode lights allow defined contribution retirement programs are ventional landing light systems within ten a pilot to see around the light, not just the light able to offer early retirement incentives to years of enactment of the legislation. In addi- itself, thereby increasing the pilot's situational tenured faculty members. The Commission tion, H.R. 3463 makes the installation of en- awareness and spatial orientation. endorses pending Senate Bill 153, which hanced vision technologies eligible for funding One final note about enhanced vision tech- would accomplish this purpose.'' This legisla- under the airport improvement program. nologies. Yes, there will be a cost to airports tion which I am introducing today is similar to This bill will make use of a proven new associated with replacing or enhancing con- S. 153, introduced by Senators MOYNIHAN and technology to dramatically enhance aviation ventional landing light system with enhanced ASHCROFT. safety. According to the Flight Safety Founda- vision technologies. However, because en- However, unlike the Senate version, this bill tion, loss of flight crew situational awareness hanced vision technologies generally use less does not permit an early retirement incentive is the primary cause of most airplane acci- electricity than conventional lighting landing open exclusively to faculty in a given age dents. Situational awareness is best defined light systems, and are less expensive to main- range. Under this legislation, a college or uni- as an accurate perception of the factors and tain, in the long run they will pay for them- versity must allow all faculty who qualify for a conditions affecting the safe operation of an selves. In addition, the ``Airport Safety Act'' retirement incentive at the time a plan is es- aircraft. gives airports ten years to install this tech- tablished, but for their having attained too ad- Enhanced vision technologies represent a nology. Finally, the bill allows airports to use vanced an age, at least 6 months to elect to dramatic breakthrough in improving flight crew AIP money to finance the installation of the retire and receive that incentive. Thus, no pro- situational awareness during airplane land- new technology. fessor is denied eligibility for any retirement in- ingsÐespecially in low visibility situations. The There exist today technologies to reduce the centive on the basis of age. U.S. military has already thoroughly deployed threat to aviation safety posed by adverse This legislation has been endorsed by the and tested these technologiesÐwith excellent weather. Enhanced vision technologies have union that represents university faculty, the results. Laser guidance systems provide pilots been tested by the U.S. military. They work, American Association of University Professors with a visual navigation flight path from as far and they work well. The time has come for (AAUP). According to the AAUP, voluntary as 20 miles from the runway, with the preci- Congress to step up to the plate and require early retirement incentives are beneficial for sion of an advanced instrument landing sys- that this proven safety-enhancing technology both the faculty members who choose to retire tem. Best of all, the installation of enhanced be installed at all U.S. airports. If Congress is and the institutions that need to encourage vision technologies to replace or enhance con- truly concerned about aviation safety, it will turnover to make necessary hires. Further, the ventional landing light systems will require no pass H.R. 3463. voluntary nature of the proposed incentives additional aircraft equipment. f and the double protections available to In addition to dramatically improving the THE FACULTY RETIREMENT tenured facultyÐthe age discrimination laws ability of commercial pilots to land aircraft dur- INCENTIVE ACT and the tenure systemÐinsure that this ``safe ing night time, fog and other foul weather con- harbor'' cannot be used to penalize faculty ditions, these technologies also will dramati- members who choose not to retire. The AAUP cally reduce the likelihood of traffic collisions HON. HARRIS W. FAWELL wrote in a January 30, 1998 letter that it sup- OF ILLINOIS at airports with parallel runways. ports the legislation because ``the retirement IN THE HOUSE OF REPRESENTATIVES Enhanced vision technologies provide the incentives under discussion are offered on a U.S. aviation system with an unlimited amount Tuesday, March 17, 1998 voluntary basis . . . [and] the legislation would of applications. They can be built and installed Mr. FAWELL. Mr. Speaker, I am pleased to permit an offer of additional benefits. It would at high or low density airports, airports located today join with my colleagues Messrs. GOOD- not permit institutions to reduce or eliminate March 17, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E387 retirement benefits that would otherwise have ish Ambassador sent me the text of a Feb- implementation of the recent Russian execu- been available to faculty after a certain age.'' ruary 20, 1998 letter from Robin Cook, in reply tive order blocking the leaking of weapons of The purposes of voluntary early retirement to my short note of January 22nd. mass destruction technologies. Our Political incentives permitted by this bill are precisely in Robin Cook's letter outlines the work of the Director, in his Presidency capacity, fol- lowed up a week later at a meeting of senior line with the intent of section 4(f)(2)(B)(ii) of United States and the European Union toward EU and Russian officials. the Older Worker's Benefit Protection Act a common position on proliferation issues, es- This joint pressure is beginning to have an (OWBPA). That amendment to the ADEA pecially with respect to Iran. I commend his effect. It is a good example of the way in states that it is not unlawful for an employer letter to you, and the text of our correspond- which transatlantic co-operation over shared ``to observe the terms of a bona fide employee ence follows: areas of real concern about Iran is beginning benefit plan . . . that is a voluntary retirement HOUSE OF REPRESENTATIVES, to bite. EU and US officials are working closely to find other ways of developing incentive plan consistent with the relevant pur- COMMITTEE ON INTERNATIONAL RE- transatlantic co-operation over proliferation pose or purposes of this Act.'' These incen- LATIONS, issues. A meeting of EU/US proliferation ex- tives are consistent with the purposes of the Washington, DC, January 22, 1998. His Excellency Robin Cook, perts on 10 February identified a number of ADEA because they merely subsidize or en- other ways in which co-operation might be hance the faculty member's regular retirement Foreign Secretary, The Foreign and Common- wealth Office, London SW1A 2AH, the enhanced. Future meetings of experts as well income, so that the income does not fall so far United Kingdom as senior officials will follow in the coming short of the retirement income that would be DEAR ROBIN: It was a pleasure to meet you weeks. available upon retirement at a later age. last Thursday, January 15, 1998 at your Em- When I was in Washington, I stressed my OWBPA explicitly allows for certain age- bassy here in Washington. I enjoyed the op- determination to use our Presidency of the based early retirement subsidies in the case of portunity to talk with you, and I benefitted European Union to work for greater conver- from your comments. gence of EU/US policy towards Iran in our defined benefit plans, but makes no reference shared areas of real concern, Iran’s attempts to defined contribution plans. Of the over I commend you for your close attention to the recent developments in Iran and Iraq. to acquire weapons of mass destruction and 3,400 colleges and universities in this country, Continued close contact between the Euro- its support for terrorism. However, I also over 70 percent offer defined contribution pean Union and the United States on these made clear that the EU did not believe in the plans, which are very popular with the faculty. and other issues will allow us to work con- economic and political isolation of Iran and Both the professors and the institutions want structively both to advance our shared inter- opposed US extra-territorial legislation like the flexibility that this legislation insures. ests and to resolve our differences. Your ini- the Iran Libya Sanctions Act (ILSA), which This legislation has been endorsed by the tiative to try to work on a common position penalises EU companies engaged in legiti- toward proliferation issues involving Iran is mate commercial activity in Iran. We do not American Association of University Professors, believe that economic sanctions against Iran the American Council on Education, the Amer- particularly useful. I hope we can narrow our gap. will have a significant impact upon Iran’s at- ican Association of Community Colleges, the Thanks again for being so generous with tempts to acquire weapons of mass destruc- American Association of Colleges for Teacher your time. I wish you and your Government tion. The best way to hinder these is through Education, the American Association of State success during your EU Presidency period. I effective export controls and joint political Colleges and Universities, the Association of hope you will stay in touch on all matters of action with suppliers of technology, areas in American Universities, the Association of mutual interest. which the EU is already extremely active. Catholic Colleges and Universities, the Asso- With best regards, My concern is that ILSA acts as a major im- Sincerely, pediment to our joint efforts to enhance ciation of Community College Trustees, the transatlantic co-operation in our shared Association of Jesuit Colleges and Univer- LEE H. HAMILTON, Ranking Democratic Member. areas of real concern. In the end, countries sities, the College and University Personnel such as Iran benefit from our differences. I Association, the Council of Independent Col- FOREIGN & COMMONWEALTH OFFICE, know this was not the intention of the au- leges, the National Association of Independent London SW1A 2AH, February 20, 1998. thors of the Act. I hope you will work with Colleges and Universities, the National Asso- DEAR LEE, thank you very much for your your colleagues to try to find a way through ciation of State Universities and Land-Grant letter of 22 January about the need to try to these difficulties, so that we will find it easi- Colleges, and the National Association of Stu- work towards a common European Union/ er to achieve our common goal, preventing Iran acquiring weapons of mass destruction. dent Personnel Administrators. United States position on proliferation issues. I too enjoyed our meeting in Wash- Our Embassy in Washington would be I expect that this provision, along with sev- happy to brief you and your colleagues in eral other recommendations of the Cost Com- ington. The gap between the European Union and more detail on the non-proliferation and mission, will be incorporated into H.R. 6, the the United States on proliferation issues is, counter-terrorism measures the EU takes ``Higher Education Amendments of 1998,'' I believe, much smaller than many people in against Iran. which will be marked up shortly by the Edu- Congress think. The level of EU/US co-oper- Yours Sincerely, cation and Workforce Committee. Thus, this ation over Iran in particular is already very ROBIN COOK. legislation will contribute to containing the high. As you know, all members of the EU costs of higher education, as well as, in the are active members of all the non-prolifera- f words of the AAUP, ``provide greater flexibility tion export control regimes: the Missile IN HONOR OF CHARLES R. in faculty retirement planning, offer a substan- Technology Control Regime, the Nuclear Suppliers Group, the Zangger Committee, JACKSON tial retirement benefit to those professors who the Australia Group and the Wassenaar Ar- choose to retire under the terms of an incen- rangement. As such they apply stringent tive plan, and leave other professors whole in controls on the export of all dual use goods HON. GERALD B.H. SOLOMON their choice to continue their careers.'' and missile technology to Iran. In addition OF NEW YORK f to its regular expert level exchanges with IN THE HOUSE OF REPRESENTATIVES the US over proliferation issues, the EU fre- WORKING TOWARD A COMMON quently concerts with the US in the margins Tuesday, March 17, 1998 U.S.-EUROPEAN UNION POSITION of the plenary meetings of these regimes to Mr. SOLOMON. Mr. Speaker, I rise today to ON PROLIFERATION ISSUES—THE maximise co-operation. note for my colleagues the retirement of the VIEWS OF UK FOREIGN SEC- The real problem with transfer of weapons President of the Non Commissioned Officers RETARY ROBIN COOK of mass destruction and ballistic missile technology to Iran does not, as the US State Association of the USA, Force Master Chief Department’s own experts acknowledge, Petty Officer Charles R. Jackson US Navy, HON. LEE H. HAMILTON originate in the EU, but with third coun- Retired. On March 30, he will end more than OF INDIANA tries. The EU, working with the US, has been 45 years of public service which began in the particularly active in applying political IN THE HOUSE OF REPRESENTATIVES Ohio National Guard, included more than 25 pressure on Russia, for example, to stop the years in the United States Navy and cul- Tuesday, March 17, 1998 leakage of ballistic missile technology to minated in nearly 19 years of service to the Mr. HAMILTON. Mr. Speaker, I had the Iran. Tony Blair and other European leaders military and veterans community as a rep- have raised their concern about this problem pleasure to meet with UK Foreign Secretary directly with President Yeltsin. At the EU/ resentative of the Non Commissioned Officers Robin Cook during his visit to Washington in Russia Co-operation Council meeting on 26 Association. January, 1998, on the occasion of the UK January, I raised, on behalf of the EU, this Chuck's Navy career began with his enlist- Presidency of the European Union during the question with Yevgeny Primakov. I encour- ment in 1955 and his assignment and training first half of 1998. On March 10, 1998 the Brit- aged him to ensure effective and rigorous as an Aviation photographers Mate. Rather E388 CONGRESSIONAL RECORD — Extensions of Remarks March 17, 1998 than setting into a career in technical skills, TRIBUTE TO THE VFW POST 8832 Northeast Minneapolis, which is helping to re- Chuck continually sought leadership roles. His LADIES AUXILIARY IN ROUND- vitalize that community. talents were recognized and rewarded first HEAD, OHIO Nationally, Fannie Mae is transforming the with an assignment as the head of the photo housing finance system by removing barriers section in which he served and later through HON. MICHAEL G. OXLEY to homeownership and increasing the supply of affordable housing. In short, Fannie Mae's progressively more responsible roles, including OF OHIO Navy Career Counselor. During his long and commitment is making a tangible impact on IN THE HOUSE OF REPRESENTATIVES distinguished Navy years, he served as an communities and improving the quality of life independent duty recruiter, Chief Master at Tuesday, March 17, 1998 for homebuyers as well as renters. Arms and Command Master Chief for two air- Mr. OXLEY. Mr. Speaker, I commend to the I commend Fannie Mae and its local part- craft carriers, as well as Area and Zone Su- attention of all those present before the House ners on a job well done and wish them further pervisor for recruiting in Florida and offshore of Representatives and hope that other civic success in expanding home ownership and af- in the Caribbean. Ultimately, he was appointed groups will follow in the footsteps of the VFW fordable housing opportunities in the coming as Force Master Chief for Navy Recruiting Post 8832 Ladies Auxiliary in Roundhead, years. I would also like to read the attached Command, the senior enlisted recruiter in the Ohio as they celebrate their 50th Anniversary. letter from the Mayor of Minneapolis in support US Navy and one of a handful of Force Mas- A copy of my congratulatory letter to them is of Fannie Mae's efforts. ter Chief Petty Officers. included for the CONGRESSIONAL RECORD. OFFICE OF THE MAYOR, Minneapolis, MN, March 4, 1998. Chuck's Navy service carried him from the CONGRESS OF THE UNITED STATES, Mr. JAMES A. JOHNSON, United States to the Mediterranean, to South HOUSE OF REPRESENTATIVES, Africa and Vietnam, the South Pacific and the Washington, DC, March 16, 1998. Chairman, Fannie Mae, Washington, DC. Far East, indeed, all around the world. His Ms. SHIRLEY KRAMER, DEAR JIM: I want to extend my sincere con- service was rewarded with, among other VFW Post 8832 Roundhead Lakeview, OH. gratulations to you and all of Fannie Mae on awards, the Meritorious Service Medal, the your upcoming fourth anniversary of the Navy Commendation Medal, the Navy DEAR FRIENDS: I just learned that you will be celebrating your 50th anniversary this Trillion Dollar Commitment. It has been de- Achievement Medal, the Vietnam Service month. Please allow me to add my name to lightful to partner with Fannie Mae as you Medal, the Force Master Chief Petty Officer the list of well-wishers on this great occa- strive to reach your goal of serving the hous- and Navy Recruiting Command Badges. sion. ing needs of underserved populations. Upon leaving the Navy in 1979, Chuck This is quite a milestone and one that you The City of Minneapolis has benefited from joined the staff of the Non Commissioned Offi- all can certainly be proud of achieving. This Fannie Mae’s commitment in many ways. cers Association. Fourteen months later, he achievement validates all your hard work The work of the Partnership Office in finding and dedication. The community owes a debt creative solutions for our community’s needs accomplished his first major goal when the has been a critical component for our hous- Administrator of Veterans Affairs granted of gratitude for all that you have contrib- uted to it every since your beginnings in ing programs. NCOA recognition as an Accredited National The new townhouse River Station develop- 1948. I commend all your many worthwhile ment project would not have moved forward Service Organization. Chuck recruited and programs which benefit our hospitals, youth, without Fannie Mae’s American Commu- trained the first NCOA national service officers veterans, and families. I look forward to 50 nities Fund. Homeownership opportunities and expanded the force to more than 300 ac- more exciting years from VFW Post 8832 La- will be available for 360 families in Min- credited service officers nationally. dies Auxiliary, Roundhead. neapolis’ riverfront area. Soon thereafter, he was elected to the Once again, congratulations on your anni- The Section 8 homeownership demonstra- versary and please keep up the great work. Board of Directors, where he served first as tion project secured HUD approval once Sincerely, Secretary, and then as Chairman of the Board Fannie Mae committed $4 million as an un- MICHAEL G. OXLEY, M.C. of Directors, Executive Vice President and derwriting experiment to fund the mort- Fourth Ohio District. President of the Association. gages. In 1984, he became the head of NCOA's f Northeast Minneapolis received special Washington Office. During his tenure in this funding under your innovative HomeStyle position, the association received its Federal FANNIE MAE—TRILLION DOLLAR rehab initiative. The entire City is benefit- Charter from Congress as a Veterans Organi- COMMITMENT ing from your outreach efforts through HomeStyle. zation. The association also accomplished By credit enhancing and purchasing our many longtime legislative goals, including par- HON. MARTIN OLAV SABO mortgage revenue bonds, first-time home- ity in special pays and survivor benefits for OF MINNESOTA buyers achieved lower interest rates. members of the armed forces, separation pay IN THE HOUSE OF REPRESENTATIVES Your new Neighborhood Partners initiative in the Phillips, Powderhorn, and Central for enlisted members, Permanent enactment Tuesday, March 17, 1998 of the Montgomery G.I. Bill, improved VA neighborhoods will be a huge boost to revi- housing benefits, and special VA benefits for Mr. SABO. Mr. Speaker, this week, Fannie talizing these underserved areas. reservists. Mae celebrates the fourth anniversary of its I look forward to continuing our partner- Trillion Dollar Commitment. I rise before you ship as we explore ways to help even more After becoming president of the association, Minneapolis residents achieve homeowner- Chuck set about modernizing NCOA and pro- today to congratulate Fannie Mae CEO Jim ship and affordable housing. tecting its future. He upgraded equipment Johnson and all of Fannie Mae's employees Sincerely, throughout NCOA offices here and abroad. He and local partners on the tremendous impact SHARON SAYLES BELTON, created new business practices for the asso- they have had on expanding home ownership Mayor, City of Minneapolis. ciation, modernized our partnership relations opportunities in Minnesota and the nation. f and created many new opportunities for the Since March 1994, Fannie Mae has helped association and its members. Among the most 5.6 million families through this targeted effort. IN HONOR OF HERIBERTO CRUZ notable are the products and service discounts Sixty-eight percent of Fannie Mae's business awarded to NCOA members from Federal Ex- served families most in needÐminorities, new HON. NYDIA M. VELA´ ZQUEZ press, MNBA Bankcard, AT&T, and many oth- immigrants, residents of central cities and un- OF NEW YORK ers. derserved areas, first-time home buyers and IN THE HOUSE OF REPRESENTATIVES Chuck was also instrumental in launching people with special housing needs. the NCOA National Defense Foundation, I have seen firsthand the impact of this Tuesday, March 17, 1998 which has donated more than $5 million in commitment in Minneapolis and the Twin Cit- Ms. VELAÂ ZQUEZ. Mr. Speaker, I rise today cash and services to the Department of Veter- ies metropolitan area. Fannie Mae's Min- to pay tribute to one of Puerto Rico's greatest ans Affairs since 1990. nesota Partnership Office piloted a highly suc- athletes and role models, Heriberto Cruz. Mr. Chuck Jackson has brought a new strength cessful low downpayment mortgage, known as Cruz is a shining example of someone who and credibility to the Non Commissioned Offi- the ``Minnesota Flex,'' which is now offered in has developed his talents to the fullest and cers Association. His service is appreciated many communities nationwide. This mortgage has given back to the community tenfold. We and will be missed. Please join me in wishing product helps first-time homebuyers overcome can all be inspired by his example. him a long and pleasurable retirement with his one of the major obstacles to homeowner- Mr. Cruz, now living in Brooklyn, New York, wife Sylvia, daughters, Debbie and Dianne, shipÐsaving for a downpayment. Last year, was born in Puerto Rico. Starting at a young and their grand children. Fannie Maie also launched a rehab effort in age, he excelled in track and field events and March 17, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E389 quickly became a star. As a student at the THE 42D ANNIVERSARY OF Kohlars, perhaps the oldest living veteran alive University of Puerto Rico, he was the only ath- TUNISIAN INDEPENDENCE today at the young age of 1021¤2 years. Doro- lete in the history of intercollegiate games in thy, a resident of the Veterans Home of Cali- Puerto Rico to win the Best Athlete award 4 HON. NICK J. RAHALL II fornia in Barstow, was recently inducted into years in a row. Also, while at school, he par- OF WEST VIRGINIA the Mojave Desert Chapter of the Retired Offi- ticipated and excelled at a number of inter- IN THE HOUSE OF REPRESENTATIVES cers Association. national competitions, such as the Central Dorothy Kohlars was born on August 22, American Games, the Pan American Games, Tuesday, March 17, 1998 1895 in Hanover, Massachusetts. She joined and even the 1964 Olympics in Tokyo. Mr. Mr. RAHALL. Mr. Speaker, I rise to ac- the Army Nurse Corps in 1918 and enlisted for Cruz received recognition for his many accom- knowledge the anniversary of the 42nd year of a second time in 1920 serving for approxi- plishments when he was inducted into the Independence for the Republic of Tunisia, to mately 31¤2 years all together. As an Army Puerto Rican Sports Hall of Fame in 1991. be celebrated on March 20, 1998. nurse in World War I, Dorothy was one of Mr. Cruz's success off the track matches his Legend has it that more than 200 years about 200 nurses working at an allied forces success on the track. Since retiring from the ago, Tunis, as token of esteem and friendship, hospital in France during the Meuse-Argonne sport, Mr. Cruz has become a teacher and a sent one of its finest stallions to U.S. Presi- Offensive in 1918. She worked as a bandage marvellous example for the youth of Brooklyn, dent George Washington. Unfortunately, cus- nurse and spent much of her time applying applying the same lessons he learned on the toms officials in the nascent republic denied dressings to wounded soldiers. At that point in track to everyday life. His example teaches entry to the horse, which spent its remaining time, nurses were not commissioned and did kids always to strive, to work hard and play days in the Port of Baltimore. not have a military rank. Barbara Churchill, fair to succeed in life. After this somewhat rocky start, I am who served as a Navy nurse in World War II, I urge my colleagues to recognize Mr. pleased to note that U.S.-Tunisian relations said that Dorothy Kohlars paved the way for Cruz's excellence both on and off the field and have improved considerably. Tunisia is about nurses. ``There was a dire need for nurses join me in paying tribute to this excellent ath- to celebrate its 42nd anniversary of the estab- back then and women like Dorothy filled that lete and role model. lishment of the Republic of Tunisia as an inde- need,'' Churchill said. pendent country, a time during which Tunisia The Retired Officers Association is a na- f has enjoyed a strong and healthy relationship tional group of retired military commissioned HONORING PASTOR AND MRS. with the United States. and warrant officers. Saul Rosenthal, TROA's I congratulate Tunisia for its many accom- liaison, said his organization read about EDDIE MCDONALD, SR. plishments, not the least of which is to have Kohlars in the local newspaper and its mem- established a more democratic system of gov- bership felt it appropriate to name her as an HON. DALE E. KILDEE ernment, making every effort to broaden politi- honorary member. ``I think it's wonderful for OF MICHIGAN cal debate, including passage of an electoral them to think of me this way,'' Kohlars said. IN THE HOUSE OF REPRESENTATIVES law that reserved 19 seats of the National as- ``That was another time. It seems so long Tuesday, March 17, 1998 sembly for members of opposition political par- ago.'' ties. Dorothy was married in 1932 and worked as Mr. KILDEE. Mr. Speaker, it is truly an Tunisia has a very impressive economic a nurse until 1943. Today, she enjoys visiting honor to rise before you today to recognize record, having turned to economic programs with friends, and listening to music, talking the lifetime achievements of Pastor Eddie A. designed to privatize state owned companies books, and to the news on Braille talking McDonald, Sr. and his wife, Mary, as they cel- and to reform the banking and financial sec- records. ebrate their 30th anniversary at Friendship tors over the last decade. Mr. Speaker, please join me and our col- Missionary Baptist Church in Pontiac, Michi- As a result Tunisia's economy has grown at leagues in recognizing the incredible lifetime gan. On Saturday, March 14, members of the an average rate of 4.65 percent just in the last contributions and achievements of this remark- Friendship family and the Pontiac community three years, and its economic success has able woman. Dorothy Kohlars is a living na- will honor Pastor and Mrs. McDonald for their had a beneficial impact on Tunisia's inter- tional treasure and it is only fitting that the service to our Lord. national standing. Tunisia is one of the few House of Representatives pay tribute to her The McDonald's joined the family of Friend- countries to graduate successfully from devel- today. ship Missionary Baptist Church on March 28, opment assistance and to join the developed f 1968. They have been instrumental in the ex- world. pansion of the congregation and the mission Tunisia has also become a moderating force TRIBUTE TO THE CHRISTIAN of the church. For 30 years, Reverend and in the Middle East peace process, taking an CARING CENTER Mrs. McDonald have provided sound leader- active role within the international community ship and spiritual guidance not only to their in fighting terrorism. HON. JIM SAXTON congregation, but to anyone in need. This may not seem so important until you OF NEW JERSEY Five years ago, I stood before my col- consider that Tunisia's only two neighbors are IN THE HOUSE OF REPRESENTATIVES leagues, as I do today, speaking of the valu- Algeria which has been racked by civil strife Tuesday, March 17, 1998 able resource the citizens of Pontiac have in for several years, and Libya, whose dictator Pastor and Mrs. McDonald. The missions they has supported the most nefarious and subver- Mr. SAXTON. Mr. Speaker, it is a privilege have undertaken and the vision they possess sive kinds of terrorism. for me to recognize and honor the Christian have enabled them to forge relationships with Tunisia may not live in a good, friendly Caring Center-Pemberton, Inc. for their 15 many diverse groups. neighborhood, but they are good neighbors to years of service to the community. The McDonald's influence extends through- the United States, maintaining internal stability At its inception, emergency food and cloth- out the community. They are affiliated with a in the face of external chaos. ing were distributed from a 20 x 40 foot build- number of professional and charitable organi- With increasing strong ties between us, the ing one day per week. Remaining there for zations including the Pontiac Ecumenical Min- American people congratulate the people of nine years, 40 to 50 families per day were istry, Pontiac Citizen's Coalition, Lighthouse Tunisia on this historic occasion, and I encour- served with life's necessities. and the Pontiac Youth Assistance Program. age my colleagues to do the same. Today, in a larger facility, nine programs are Pastor McDonald has also served as president f administered by the caring employees and vol- of the Oakland County Ministerial Fellowship. unteers. These include emergency food and Not limiting their good deeds to the State of A TRIBUTE TO DOROTHY KOHLARS clothing, thrift store, information and referrals Michigan, the McDonald's have been instru- to social service agencies and churches, com- mental in food and clothing drives benefitting HON. JERRY LEWIS munity lunch/rural homeless program, Bible needy individuals throughout the country. OF CALIFORNIA hour worship services and job training among Mr. Speaker, once again I am very proud to IN THE HOUSE OF REPRESENTATIVES others. acknowledge and commend the efforts of my The families who have been assisted by the constituents and dear friends, Pastor and Mrs. Tuesday, March 17, 1998 dedicated volunteers of this worthy organiza- Eddie A. McDonald Sr. They are an inspiration Mr. LEWIS of California. Mr. Speaker, I tion are too numerous to be counted. to us all and I am proud to represent them in would like to bring to your attention today the On April 19, 1998, these volunteers will be the Congress. remarkable and memorable life of Dorothy honored with a celebration dinner. It is these E390 CONGRESSIONAL RECORD — Extensions of Remarks March 17, 1998 devoted individuals, especially, to whom I pay to improve and build upon the great legacy of FINDINGS tribute. Their caring and commitment to those service that the YMCA stands for. What we saw and heard in the communities in need is worthy of the highest praise and f we visited strongly confirmed several emerg- honor. ing trends reported by foodbanks across Ohio They have the gratitude of the community OHIO HUNGER TOUR TRIP REPORT and around the country: for their efforts in behalf of the less fortunate. Working people account for a large share of f HON. TONY P. HALL the increase in demand for emergency food, OF OHIO specifically people in low-wage and part-time HONORING THE EAST SUBURBAN jobs that offer few benefits and do not cover YMCA CAMPAIGN HON. DEBORAH PRYCE OF OHIO the cost of basic needs, including food. Ohio is attempting to move over 148,000 HON. RON KLINK HON. ROBERT W. NEY households containing 386,239 persons from OF PENNSYLVANIA OF OHIO welfare to work over the next three years. The IN THE HOUSE OF REPRESENTATIVES HON. TED STRICKLAND latest national data for December 1997 found that Ohio's twelve month growth in employ- Tuesday, March 17, 1998 OF OHIO ment since December 1996 was 52,800 jobs, IN THE HOUSE OF REPRESENTATIVES Mr. KLINK. Mr. Speaker, I rise today in rec- a slow growth rate of 1.0%. During the same ognition of the East Suburban YMCA of Pitts- Tuesday, March 17, 1998 period, Ohio lost 3,900 manufacturing jobs. burgh and the contributions of the men and Mr. HALL of Ohio. Mr. Speaker, we com- New job growth has been in service sector women who helped to expand this wonderful mend to our colleagues' attention the following employment, which generally paying minimum community institution. On March 22, 1998, report from a March 2±3, 1998 ``hunger tour'' or just above minimum wage with few or no they will be holding their Grand Re-Opening of central and southeastern Ohio, in which we medical benefits. Despite a robust economy Celebration. The East Suburban YMCA has participated. The purpose of the trip was to in- and an abundance of low-wage jobs in Colum- always provided opportunities for people to vestigate reports of increasing demand for bus and other urban centers, significant pock- grow in mind, body and spirit and thanks to emergency food at Ohio's food banks, pan- ets of joblessness and high unemployment their most recent campaign, will continue to tries, and soup kitchens. We were surprised persist in the more economically depressed serve the community for many years to come. by what we found. Despite Ohio's strong parts of the state's Appalachian region. The initial planning for the East Suburban economy, significant numbers of working poor The delegation visited the Southeastern YMCA was done in 1962 and it has remained and senior citizens are having great difficulty Ohio Foodbank, which provides food to local a presence in the area for over 30 years. The making ends meet, and are turning to charities charities in one of the poorest and most eco- YMCA strives to develop character and lead- to obtain adequate food. We encourage our nomically depressed areas of the state. In ership through its programs and applies Chris- colleagues to consider a similar tour in their three of the nine counties served by that tian values and principles to all relationships. own communities, to get a close-up view of foodbank, between 40% and 50% of the peo- The East Suburban YMCA serves men, the changing face of hunger, and the chal- ple requesting emergency food were working women, boys and girls in the area through a lenges facing the working poor and senior citi- full or part-time. In Meigs county, more than wide variety of programs and facilities. Thanks zens in particular. half of the people seeking emergency food as- to the efforts of numerous volunteers and sup- INTRODUCTION sistance were working. porters, the YMCA has touched the lives of Despite a booming economy, record low un- Not one person we spoke with did not want many people in the community. employment, a balanced federal budget, and to work, and all expressed their shame and I would like to especially salute the group of unprecedented surpluses in many state cof- frustration at having to resort to foodbanks to dedicated individuals who made the East Sub- fers, there is mounting evidence of worsening put food on the table at the end of the month. urban YMCA Campaign and the upcoming hunger among the poorest Americans. One woman explained: ``My children get ex- Grand Re-Opening possible. Allow me to first For more than a year now, foodbanks, pan- cited to see food coming into the houseÐkids thank the Chairs of the Campaign, A. Richard tries, and soup kitchens across Ohio and should get excited about toys, and circuses, Kacin and Myles D. Sampson. Their leader- around the country have reported sharp in- and special treats, not the food we need to ship meant so much to the effort. There were creases in demand for emergency food, which feed our family.'' According to the pantry direc- also many campaign workers and local donors are outstripping the charitable sector's capac- tor in MacArthur, Ohio, a rare job opening for that I would like to applaud: Claudia ity to respond to growing needs. A December, a clerking position at a video store recently Abbondanti, John Beale, Gus Bondi, Lynne 1997 report by the U.S. Conference of Mayors drew more than 100 applicants. Highest on Bryan, Jim Cimino, Tim DeBiasse, David found that demand for food relief was up by that pantry's wish list were buses to transport Dubois, Eddie Edwards, Julius Jones, Alvin 16%. In January, 1998, my own informal sur- people to minimum-wage jobs in Columbus. Kacin, Ann Klingler, Bud Kuhn, Carol Morris, vey of 200 of the nation's foodbanks revealed At the Franklinton Food Pantry, the largest Eric Lytle, Anthony M. Brusca Jr., State Rep- even sharper increases in hunger relief needs pantry in Franklin County, where more than resentative Joseph F. Markosek, Mike McIn- in many parts of the country. A September 11,000 people seek food assistance each tyre, Carolyn S. Mento, Mary Anne Norbeck, 1997 report by the U.S. Department of Agri- month, over 60% of all households in the com- Margaret Osbourne, Pete Raspanti, Ben culture found that in the Dayton area, one in munity have incomes below $15,000 per year Sampson, David Vick, Charles Turner, David eight people seek emergency food assistance (well below the $16,050 poverty line for a fam- Yunov, and the late Jack Cummings. In addi- every month. ily of four). A visit to the home of one food tion to these fine examples of devoted and To investigate such reports, and better un- pantry client belied the common stereotype committed citizens, I would like to recognize derstand the nature of this trend, I conducted that people seeking charitable assistance are the East Suburban YMCA Board of Manage- a fact-finding mission to feeding programs in lazy freeloaders. Here was a couple with ment for their strong support of the campaign. urban and rural Ohio communities from March strong faith and family values, struggling to The board members are Barbara Agostine, 2±3, 1998. I was joined by my colleagues keep their family of seven together. Like many Kathleen Ballina, Dennis D. Dansak, Paul Representative DEBORAH PRYCE (OH±15th), Ohio working families, for these people the Dern, James End, Clyde Gallagher, Jeff Representative BOB NEY (OH±18th), Rep- pantry is no longer an emergency food source, Herbst, Chuck Leyh, Cheryl Lydiard, Gary Mil- resentative TED STRICKLAND (OH±6th) at site but a regular part of their monthly coping and ler, Tony Naret, Lynn Papso, Jeffrey Russo, visits located in their districts. Ohio Senator budgeting process to keep their family from Joe Sciullo, Steve Sebastian, Carol Siefken, MIKE DEWINE also was represented by an aide going hungry. Their net income of $600 every Dan Taucher, and Annette Testa-Young. Addi- who accompanied the delegation for a full day. two weeks barely affords a food budget of tionally, I would like to recognize the YMCA Non-profit groups who supported the trip in- $100 a week, which must stretch to feed five staff, Paul Gelles, James Kapsalis, James cluded the Ohio Association of Second Har- teenagers (two of them taken in from a trou- Rumbaugh, Bud and Jo Sickler, State Rep- vest Foodbanks, the Ohio Food Policy & Anti- bled family member). Their coping mecha- resentative Terry Van Horne, and the Honor- Poverty Action Center, and the Council for nisms include purchasing low-cost food, limit- able Paul Zavarella. Economic Opportunities in Greater Cleveland, ing the types of food they consume, and once Mr. Speaker, I again want to applaud all of as well as individual foodbanks, pantries, and a month getting food from the local food pan- these people for their devotion to the East soup kitchens who hosted the delegation at try, which helps feed the family ``between pay Suburban YMCA Campaign. I ask my col- stops in Columbus, Zanesville, Logan, Mac- checks.'' Such families have no cushion leagues to join me in recognizing their efforts Arthur, and Dayton. against unexpected expenses, such as major March 17, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E391 car repairs, illnesses, or high heating bills in CONCLUSIONS THE HONORABLE MAC COLLINS 79TH ANNIVER- unusually cold months. Our limited sampling of sites serving hungry SARY OF THE AMERICAN LEGION CLAYTON COUNTY AMERICAN LEGION POST 258, MARCH 13, Elderly people on fixed incomes are resort- people, and discussions with charitable food 1998, JONESBORO, GEORGIA ing to food pantries and soup kitchens in providers, state officials, and advocacy groups, provided only a snapshot of the condi- Good evening. It is a real pleasure to be growing numbers. They frequently cite the with so many friends here tonight. Thank cost of medical care and prescriptions as com- tions that are underlying the increases in re- you Lamar Miller for your kind introductory peting with their limited food budgets. quests for relief that foodbanks, soup kitchens remarks and for giving me the honor of in- At various stops on the tour, we repeatedly and pantries are reporting. Yet it confirmed to troducing General Ray Davis, our distin- heard about the dilemma seniors face when us, in clear and human terms, disturbing evi- guished speaker this evening. I also want to their monthly Social Security checks are eaten dence that more of our citizens than ever are recognize Clayton County Sheriff Stanley Tuggle, State Representative Greg Hecht, up by medical fees and prescriptions, leaving vulnerable to hunger, despite a robust econ- omy. and State Representative Frank Bailey and little money for food. As we approached a his wife, Frances. I have known and re- MacArthur, Ohio food pantry, we observed a As states work to replace the federal wel- spected Frank for many years. He is a friend line of nearly 1,200 people, mostly senior citi- fare system with structures of their own, the and does a fine job for the people of Clayton zens, waiting along the road to receive a box number of people turning to food banks for County in the Georgia House of Representa- of food. Inside the pantry, clergy and church emergency assistance is growing. New strate- tives. volunteers serving this crowd described de- gies are being tried, many with success, and And, I want to recognize Mr. James Hugh Lindsey. I had the pleasure of first meeting plorable living conditionsÐrun-down shacks they need to be encouraged. Food banks have been doing the hard work on the front Mr. Lindsey at a celebration arranged by Mr. with no heat or running water, dilapidated trail- Miller on the occasion of his 101st birthday. ers with holes in the floor, even chicken coops lines of fighting hunger for decades. They are Mr. Lindsey recently celebrated his 102nd and buses. We repeatedly heard that their supported by their communities, and they are birthday, and I know everyone here this pride and the stigma of accepting charity keep the organizations that increasing numbers of evening joins with me in wishing him many many seniors from asking for help until their citizens turn to for help. But to ensure that more to come. situation is truly desperate. As one nun told Americans who turn to food banks for help do We are here tonight to celebrate and honor the 79th anniversary of the founding of the us, ``we know we are really in trouble when not go hungry, food banks need additional support. American Legion. When Mr. Miller told me the elderly start showing up at pantries in tonight’s dinner was being held to celebrate large numbers.'' They need the goodwill and charitable con- the founding of the American Legion, I want- Part of the ``traditional'' clientele at food tributions of their community, and the partici- ed to learn more about the rich history of pantries and soup kitchens are those for pation of more individuals and businesses. your organization. whom hunger is a symptom of deeper prob- They need public and private initiatives that It all began in March 1919 when members of the American Expeditionary Force in Europe lemsÐilliteracy, a lack of education, a history complement their efforts and address the root causes of hunger and poverty. held the first caucus in Paris and created an of substance or domestic abuse, mental ill- organization for those who have served their ness, or homelessness. It will be difficult if not They need jobs that pay a living wage and laws that encourage generosity and charitable country. The official name for the Legion impossible for many of these individuals to was adopted in May 1919 at a caucus meeting compete in the job market without intensive giving. in St. Louis. In September 1919, the organiza- rehabilitation, and some of them may never be And they cannot do without the significant tion was officially chartered by the United able to hold jobs. support of federal funds and federal commod- States Congress. And, in November 1919, the ity foods. Legion held its first annual convention in Everyone who has ever volunteered at a The job of the federal government was not Minneapolis where its members adopted the soup kitchen knows these facesÐpeople who finished when the welfare reform bill was en- organization’s constitution and set its future may never have been able to hold a job, and acted. Congress and the Administration have course. are not counted in unemployment data be- From that handful of soldiers in Paris and a responsibility to monitor what the states are cause they are unemployable or have given the founding members at the first conven- doing, to measure how the poor are faring, up trying to find work. This described many of tion in Minneapolis, the American Legion and to make adjustments as necessary as the people we met at the Zanesville soup today has grown to over 2.9 million mem- problems arise. bers. The programs you sponsor and support kitchen we visitedÐpeople who have ``failed to Even as we give policy reforms a chance to touch the lives of so many of your fellow thrive'' and live life on the margins for one rea- work and aggressively attack the underlying citizens. You are helping to mold the harts son or another. As one volunteer put it, ``with problems that make people vulnerable to hun- and minds of our nation’s youth with your the right kind of help, some of these people ger, we cannot stand by and watch growing work with the Boy Scouts of America, your sponsorship of Boys State and Boys Nation, may be able to pull themselves up by their numbers of Americans go hungry. If, as the boot straps, but a lot of them never had boots American Legion Baseball, your educational evidence suggests, increasing numbers of scholarship programs, the Child Welfare to begin with.'' And, in the words of a food people are so hungry they're willing to stand pantry director, ``I am tired of selectively talk- Foundation, your Children and Youth Pro- in line for food, we cannot rest knowing that, grams and many, many more. ing about the types of clients we serve, so that too often, there is no food at the end of that Through your Citizens Flag Alliance, the people will care. Some of these people are line. Legion is working to ‘‘protect our history, plain old poor folks, who've had a hard time f our pride, our honor and our flag.’’ And, the getting it together for whatever reason. But American Legion provides valuable input to they still need to eat.'' HONORING GENERAL RAYMOND G. Congress in writing and passing laws that Churches and charitable food assistance DAVIS protect our national security and enhance agencies are doing their best to rise to the the lives of all who have served their coun- try. As a Member of Congress, I thank you challenge of growing demands, but their ca- HON. MAC COLLINS and your fellow Legionnaires for all that you pacity is overwhelmed by the increased need OF GEORGIA have given, and continue to give, to your na- they are now facing. IN THE HOUSE OF REPRESENTATIVES tion. In attempts to meet increased needs, every While I could continue speaking on the church group and private charity we spoke Tuesday, March 17, 1998 wonderful history of the Legion, it is my with had stepped up efforts to raise additional Mr. COLLINS. Mr. Speaker, I rise today to honor to introduce your keynote speaker who, I believe, best represents the ideals on funds through church collections, food drives, congratulate the American Legion on the oc- which the American Legion was founded and pie sales, and appeals to businesses and casion of the 79th Anniversary of its founding for which it stands today. Raymond G. Davis other donors. Yet, in many cases pantries re- and to pay homage to General Raymond G. is a son of Georgia. He was born on January port having to reduce the amount of food they Davis, Medal of Honor recipient and retired 13, 1915 in Fitzgerald, the son of Zelma and distribute, or turn people away for lack of food. Assistant Commandant of the United States Raymond Roy Davis. Following his 1938 A Zanesville soup kitchen reported taking out Marine Corps. I recently had the honor of in- graduation from Georgia School of Tech- a bank loan for the first time ever last year, to troducing General Davis as the keynote nology with Honors, Ray Davis began a 33- cover operating costs. Within the last year the speaker at the recent birthday celebration of year career with the United States Marine Corps as a second lieutenant. number of food relief agencies serving the the Clayton County American Post 258. I enter During that distinguished career, Ray hungry in Ohio reportedly declined by 23% as those remarks in the Congressional Record in Davis rose from the rank of second lieuten- many closed or consolidated with other oper- honor of the American Legion and General ant to become a four-star general and Assist- ations. Ray Davis. ant Commandant of the Marine Corps. While E392 CONGRESSIONAL RECORD — Extensions of Remarks March 17, 1998 General Davis may be best known as a recip- more time for their three children, Raymond certain, Mr. Speaker, that violence against ient of the Medal of Honor while serving as Jr., Gordon and Willa, and their grand- women is no longer silenced. a Battalion Commander during the Korean children. Tonight I have touched on the One of the most repugnant ways in which War, he first saw action in some of the most highlights of the extraordinary life and ca- gender-based constructs discriminate against brutal fighting of World War II. He was part reer of General Davis. For more details on of the Marine forces that participated in the this incredible man, I would encourage you women, Mr. Speaker, is the trafficking of capture and defense of Guadalcanal and the to read ‘‘The Story of Ray Davis.’’ In fact, women and girls. They are reduced to mere Eastern New Guinea and Cape Gloucester we may be able to prevail on the General to economic sexual value to be sold and campaigns. autograph copies of his book this evening. bartered. In the disturbing realm of sexual traf- While commanding the 1st Marine Division In closing, I want to leave you with a quote ficking, women are forced into prostitution and of the 1st Battalion in September of 1944, from Army General Creighton W. Abrams coerced into marriage; they are often sold into then Major Davis was wounded during the Jr., commander of U.S. forces in Vietnam, to bondage, where they are tortured and face de- first hour of the landing operations. He re- Marine Commandant General Leonard F. fused to leave his men and continued to di- Chapman Jr. General Abrams said of Ray grading treatment as well as sexually transmit- rect the Battalion in establishing defense po- Davis, ‘‘. . . of the 50 or so division com- ted diseases. Trafficking in women occurs sitions and gaining control of the island. For manders I have known in Vietnam, General across some well-patrolled international bor- his actions, Major Davis was awarded the Davis has no peer. He’s the best.’’ ders, and it is no coincidence that in many Purple Heart and the Navy Cross. Ray Davis truly does represent the best of countries the institutions of justice, including As a Lieutenant Colonel in Korea from 1950 American society—soldier, scholar, a man of the police, condone and profit from the trade to 1951, General Davis earned the nation’s deeply held beliefs and commitments, and a in women. highest decoration for heroism during the 1st devoted husband and father. Words cannot In Thailand, there is a flourishing trade in Marine Division’s historic fight to break out express how proud and honored I am to know of the Chosin Reservoir Area. Against over- General Ray Davis. Ladies and gentlemen, I Burmese women and girls; in India, the same whelming odds, he led his Battalion in a give you a true American hero—General trafficking occurs with Nepali women and girls. four-day battle which saved a Marine rifle Raymond G. Davis. Bangladeshi women are lured to Pakistan by company and opened a mountain pass for the promises of a better life or abducted from their f escape of two trapped Marine regiments. homes; they are then sold in clandestine set- President Harry Truman presented Colonel IN OPPOSITION TO VIOLENCE tings to brothels were pimps threaten them Davis with the Medal of Honor in ceremonies AGAINST WOMEN—MARKING with their illegal immigrant status and then de- at the White House on November 24, 1952. In 1968, then Major General Ray Davis was INTERNATIONAL WOMEN’S DAY nounce them for having sex outside of mar- named Deputy Commanding General of riage. forces in his third and final conflict—the HON. TOM LANTOS Mr. Speaker, women are often subjected to Vietnam War. During that tour, General OF CALIFORNIA gender-based economic discrimination and Davis was awarded the Distinguished Service IN THE HOUSE OF REPRESENTATIVES degradation because some states fail to rec- Medal—the first of two such medals he re- ognize them as individuals outside of their ma- ceived. In 1971, General Davis was nominated Tuesday, March 17, 1998 terial value. Economic discrimination against by the President and confirmed by the Mr. LANTOS. Mr. Speaker, I rise today to women makes them particularly vulnerable to United States Senate as the Assistant Com- express my abhorrence to all forms of vio- harassment and abuse. Women are now in- mandant of the United States Marine Corps. lence against women and to speak out in sup- He served in this position until his retire- creasingly important to the economies of most ment in 1972. port of International Women's Day. With many countries, but at the same time, many coun- In addition to the Medal of Honor, two Dis- of our colleagues here in this body, I have tries neglect women's rights as laborers. tinguished Service Medals, the Navy Cross worked to foster respect for civil rights here at Women in the workplace are exploited and and Purple Heart, General Davis was award- home and human rights abroad. abused in a number of ways relating specifi- ed two Silver Stars, two Legions of Merit, In connection with the celebration of Inter- cally to their sex. six Bronze Stars and many other awards national Women's Day, Mr. Speaker, I want to As the majority of workers in the from allied governments. Additionally, the call to the attention of my colleagues those Maquiladoras, the export-processing factories forces in which he served received five Presi- dential Unit Citations, three Navy Unit justice seekers who are beginning to expose along the U.S.-Mexico border, women must Commendations and 15 Battle Stars. the roots of injustice, who are bringing to our engage in a gender-specific fight to gain equal After 33 years of traveling the world, see- attention human beings denied their unique- protection in the labor market. Most women ing action in three wars and serving as one ness and their personhood. Our task as advo- who work in Maquiladoras do so because they of the nation’s highest military officers, Ray cates for human rights is not only to continue are less well-educated and lack opportunities Davis could have settled into a comfortable the pursuit of justice, but also to realize that to gain necessary qualifications for other jobs. retirement on his farm here in Georgia. But as we make progress, we must release our- As a condition of employment, women appli- this was not the way for Ray Davis—a man selves from ignorance and biases that allow of life-long action and deep commitment to cants are routinely required to give urine sam- serving others. us to overlook some atrocities but not others. ples for pregnancy tests. If a worker becomes Let me quote General Davis on leaving the In this regard, Mr. Speaker, we must affirm pregnant and this is discovered by her boss, Marines: ‘‘As for retirement being difficult, I that the rights of women are the rights of all she is frequently forced to resign. Female had an ideal transition in that I was retired individuals. I add my voice to that of the workers may be harassed and mistreated, from the Corps at 10 o’clock in the morning United Nations' World Conference on Human given more physically difficult tasks, and often in Washington, and I was in my Atlanta of- Rights in Vienna, 1993, which proclaims, forced to stand while working. fice at 2 o’clock that afternoon in charge of ``Women's rights are human rights.'' Furthermore, when a Mexican woman is a the whole state of the Georgia Chamber of Commerce.’’ Ray Davis had returned home Unfortunately, Mr. Speaker, women face a victim of sex discrimination, she has few ave- as Executive Vice President for one of the triple threat to their human rights. They are nues of legal redress. The Mexican justice premier business organizations in Georgia. victimized by the construction of gender in system fails to protect women's reproductive General Davis went on to lead the Georgia their society. They are victimized by gender- health. The economic disincentive of regulat- Chamber through an exciting time of growth based violence. And they are discriminated ing the manufacturing sector, which is the ex- in our state. He later left the Chamber to be- against by the structures of justice. Today, we cuse given for failing to take action to protect come President of RGMW, a family-owned must take action by properly addressing women, is a poor excuse for failing to act. land development corporation. General Davis human rights violations against women. We Sexual discrimination in the workplace is re- also gave time to activities that are close to his heart. He has served as a trustee in the must recognize gender-based violence in its inforced by the lack of economic opportunity Valley Forge Military Academy, Chairman various forms, and we must recognize these for women in many countries. Fear of losing a of the Trustees for the Marine Military violent acts as human rights violations includ- job reinforces a woman's inability to seek re- Academy and on the Board of Visitors for ing, among others, sexual trafficking, eco- dress of her grievances. These acts of abuse Berry College. He was appointed by Presi- nomic discrimination, female genital mutilation, are intolerable as women are forced into an dent Ronald Reagan to the Korean War Vet- domestic violence, and rape. outrageous choice between their legitimate erans Memorial Advisory Board and he is ac- These crimes against humanity are com- human rights and their jobs. tive in many Marine Corps organizations. Today, General Davis and his wife of over pounded by many victims' justifiable fear that In time of war or periods of social unrest, 50 years, Knox, live in Rockdale County. their suffering will be disclaimed, that their suf- Mr. Speaker, violence toward women is inten- They enjoy traveling and staying active in fering will be thrown out as invalid. Human sified. As a Co-Chair of the Congressional the many organizations in which General rights violations against women are under-re- Human Rights Caucus, I stepped forward with Davis still serves. They also enjoy having ported and under-emphasized. We must be the horrifying story of the treatment of women March 17, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E393 and children in Uganda during the recent con- Mr. Speaker, we must not become desen- women to gender-based violence on a mass flict there. Girls and women in Uganda are sitized to violence against women. It is the re- scale as they raped and sexually assaulted traded back and forth, bartered as wives. sponsibility of every state to preserve the hundreds of thousands of women. In another Their allocation is part of a dehumanizing re- human rights of women and to protect them instance of human rights violation, Pakistani ward system for male soldiers. This crime ad- against violence. Violence against women is soldiers committed ethnically-motivated mass dresses a theme of ownership which pre- not a private matter. In far too many coun- rapes during the Bangladesh war for inde- cludes women's sexual rights and brings to triesÐunfortunately, including our ownÐit is a pendence. light the brutalization of Ugandan women. structural and system-wide violation of human It is an outrage that rape is still categorized Rape within ``marriage'' is not construed as a rights of women. States that do not prevent by many as a crime of honor and property as crime in Uganda, or for that matter, in many and punish crimes of domestic violence are as opposed to a crime against personal physical countries which consistently violate women's guilty as the perpetrators of that violence. In- integrity. This misconception adds to the false rights. When intra-marriage rape is condoned action against domestic violence reinforces the notion that rape is a ``lesser'' crime in compari- within a society, this neglect is one of several denial of basic human rights. son to torture. Women are denied their individ- factors leading to a normalization of domestic Domestic or family violence is a common- ual humanity and instead perceived by the ag- violence. place occurrence in nearly every country in gressor as a symbol of the enemy community Sexual discrimination and power are espe- the world, and battered women are isolated that can be humiliated, violated, and eradi- cially apparent in Uganda as girls who are from national systems of justice, as well as cated. forcibly married are required to cook for the from community and family. Intimate partners This year we will celebrate the 50th anniver- soldiers as they are on the move and are se- are prosecuted less harshly than those who sary of the Universal Declaration of Human verely beaten or killed should they not cook victimize strangers, and this pattern of neglect Rights (UDHR), but we should not overlook quickly enough. Both girls and boys are forced for women's rights is evident in many corners the fact that the human rights of women were to kill other children who have not performed of the world. In Brazil, some courts still exon- not specifically affirmed by the United Nations their tasks to a sufficient level. Captive boys erate men accused of domestic violence if until 1993. Before this time, the gender-spe- are often forced to sleep with captive girls, they acted ``to defend their honor.'' South Afri- cific nature of many of the crimes against and this sexual indoctrination has terrible rami- can justice officers do not wish to be involved women were often ignored. fications for future sexual violence. The night- in domestic violence; they consider it a ``pri- By recognizing that violence is often specific mare in Uganda demonstrates the importance vate'' affair. Not only are women subjected to to gender and by acknowledging the ways in of taking into account the sexual specificity of acts of violence, but they are also subjected to which violence relates to our conceptions of violence. We should recognize how sexual vi- judicial establishments which systematically gender, we can illuminate the barriers that we olence harms both girls and boys, women and are involved in gender-specific violation of must transcend to achieve equal rights for men. human rights. women. The pervasive forms of violence that Mr. Speaker, one of the most horrible exam- Mr. Speaker, the harmful perceptions of do- are normalized and trivialized by culture and ples of gender-based violence against women mestic violence are magnified in the case of society must not be tolerated as we affirm the and children is female genital mutilation rape. Rape is widely portrayed as an individ- human rights of women on this International (FGM). FGM refers to either the removal of ual act and a private crime of honor, not as Day of Women. certain parts of the female genitalia or all of it. the political use of violence. Since World War Mr. Speaker, the rights of all humans are FGM is a crime against humanityÐit violates II, however, human rights organizations esti- unalienable rights. We must stand firm in our a woman's fundamental right to a healthy life. mate that there have been one million women belief that allÐwomen, as well as menÐhave Nearly 135 million girls and women around the raped during wars. Rape in war has been ob- an individual right to dignity and that our own world have undergone FGM, and it continues scured from public view by our assumptions rights are not assured unless the human rights at an astounding rate of approximately 6,000 about the hyper masculine nature of soldiering of all others on this planet are secure. I urge incidents per day. It is practiced extensively in and of rape as a crime of sex rather than a my colleagues to join me in this fight for Africa, in the Middle East, and among many crime of violence. human rights for all women. immigrant communities in parts of Asia and This past week, Dragoljub Kunarac, a I commend to my colleagues the words of the Pacific. former Bosnian Serb paramilitary commander, Pastor Martin Niemoeller, who endured the FGM is an extremely painful and even dan- confessed that he had raped Muslim women horrors of Nazi Germany: ``In Germany they gerous procedure which scars women both in an international legal process before the came first for the Communists, and I didn't physically and mentally for life. FGM is an ex- Yugoslav war crimes tribunal in The Hague. speak up because I wasn't a Communist. ample of how violence is connected to gender He is the first individual to plead guilty to rape Then they came for the Jews, and I didn't determination as a woman is often considered as a war crime. The Hague is the first court speak up because I wasn't a Jew. Then they ``incomplete'' lest she undergo FGM. A woman of its kind to specifically list rape and other came for the trade unionists, and I didn't is not treated as a specific individual, rather sexual offenses as war crimes. The inter- speak up because I wasn't a trade unionist. she is a sexual being whose sexuality, sexual national women's movement has seldom been Then they came for the Catholics, and I didn't appetite, and reproductive functions are sup- so effective in alerting the world to crimes speak up because I was a Protestant. Then posedly controlled and limited through FGM. against women as it has been in calling to they came for me, and by that time no one In the case of FGM, we are forced to deal with international attention the brutal use of rape was left to speak up.'' brutal cultural discrimination against women. during the armed conflict in Bosnia. Mr. Speaker, the violation of the human Women who have undergone FGM have pub- Rape is an especially under-reported and rights of any woman is the violation of the licly come forward to present their stories of minimized assault on women. It is ``the least rights of all of us. As we mark International humiliation and pain. condemned war crime; throughout history, the Women's Day, we must recommit overselves Crimes specific to women, Mr. Speaker, rape of hundreds of thousands of women and often revolve around religious and cultural jus- to that struggle. children in all regions of the world has been a f tifications that seem inevitable to discriminate bitter reality,'' according to the UN Special against the female gender rather than the Rapporteur of Violence Against Women. We INTRODUCING THE COLLEGE TUI- male. In Afghanistan, which has endured 18 must not cease our efforts to identify gender- TION REDUCTION AND INFORMA- years of armed conflict, we are witnessing a specific violence against women in such situa- TION ACT OF 1997 tragic situation in which thousands of women tions. are literally prohibited from leaving their Rape has been used to brutalize, to dehu- HON. HOWARD P. ‘‘BUCK’’ McKEON homes. They must be ``invisible;'' they are de- manize, and to humiliate civilian populations OF CALIFORNIA nied their humanity. Women are forced to on ethnic, national, political, and religious IN THE HOUSE OF REPRESENTATIVES wear a robe which completely covers their grounds. Sexual violence was defined by Tuesday, March 17, 1998 bodies, the burqa robe. Should women expose many analysts as a genocidal act in the Yugo- their ankles, they are accused of violating the slavian conflict because it was perpetrated pri- Mr. MCKEON. Mr. Speaker, I rise today to Taliban, the interpretation of the Shari's (Is- marily by Bosnian-Serbs as a weapon in their introduce the College Tuition Reduction and lamic law) based upon the teaching of Islamic effort to drive out the Muslim population. Information Act. Almost a year ago I, along schools in Pakistan. The restrictions upon Some Muslims were told while being raped with the Gentleman from Pennsylvania, Mr. Afghani women are a shocking violation of that they would bear Serbian children. GOODLING, and a bipartisan list of cosponsors, human rights based upon culturally deter- During the 1994 genocide in Africa, Hutu introduced the Cost of Higher Education Re- mined ideas of gender. militia in Rawanda subjected the Tutsi minority view Act of 1997. At that time, it was clear to E394 CONGRESSIONAL RECORD — Extensions of Remarks March 17, 1998 us that college was too expensive and that and Workforce will consider the reauthoriza- It made common sense to increase our sup- college price increases were threatening the tion of the Higher Education Act. A few of the port for food banks significantly, and we did ability of American families to provide for their provisions I am introducing today have already just that. With evidence that this still falls im- children's education. That legislation, which been incorporated into that legislation. I will be possibly short of what is neededÐand that has since been enacted, established a Na- offering the remainder of them as an amend- many food banks simply cannot make it with- tional Commission on the Cost of Higher Edu- ment to that legislation early in the markup. out more supportÐit makes common sense to cation. The job of the Commission was to Mr. Speaker, ensuring that a quality post- revisit the decision on the appropriate amount evaluate why tuitions have increased to two- secondary education remains affordable is one of additional support. to-three times the rate of inflation every year, of the most important things we can do for our This survey of food banks adds to the evi- and to advise Congress and the President on children and for American families every- dence of booming demands on food banks. It steps which could be taken to bring college where. is not designed to be a statistical analysis. But prices under control. I urge my colleagues to support this impor- it does provide perspective from around the The Commission has since finished its work tant legislation, and to cosponsor the College countryÐa window on what is happening in and gone out of existence. The legislation we Tuition Reduction and Information Act. communities of every size. are introducing today will implement a number f What I found most striking overall is that, of of the recommendations of the Commission. the food banks that estimated the increase in Specifically, this legislation will provide stu- EMPTY SHELVES: 1998 SURVEY OF demand for food, 70% reported demand grew dents and parents with better information to U.S. FOOD BANKS much faster than 16%. That is the rate re- keep colleges accountable and higher edu- ported in a December 1997 survey by the U.S. Conference of Mayors that shocked me, and cation affordable by requiring the Secretary of HON. TONY P. HALL many other Americans. And yet so many food Education to work with institutions to develop OF OHIO banks are reporting even higher rates. I think a clear set of standards for reporting college IN THE HOUSE OF REPRESENTATIVES it underscores the fact that poverty reaches costs and prices. Under out bill, the Secretary Tuesday, March 17, 1998 beyond our cities. It scars rural communities of Education will redesign the collection of Mr. HALL of Ohio. Mr. Speaker, I commend and suburban ones tooÐa fact that many peo- Federal information on college costs and ple overlook when they conjure in their minds prices to make it more useful and timely to the to my colleagues' attention an informal survey I recently made of 60 food banks from across the image of a welfare mom, or a food stamp public. recipient, or someone in line at the local food The College Tuition Reduction and Informa- the nation. Their responses point clearly to the pantry. tion Act will allow students to make more in- fact that food banks throughout our country are facing tremendous challenges. Despite our Beyond that, the story of hunger in America formed choices about the level of education that the food banks are documenting is an in- booming economy, demand is rising at sur- they pursue by requiring the Secretary of Edu- dividual one. It increasingly features working prising rates in most communities. cation to collect separate data on the cost and people, whose low-wage jobs don't pay Here in Congress, most of the talk about price of both undergraduate and graduate enough to put food on the table. Often, it in- hunger has focused on welfare and the reform education. It will help parents and students cludes people for whom hunger is a symptom bill that we passed in 1996. But when you make informed decisions about the school of deeper problemsÐof illiteracy, a lack of leave Washington, the focus shifts to the food they choose by requiring the Secretary of Edu- education, a history of substance or domestic banks. That's where hungry people turn when cation to make available for all schools on a abuse. But equally often it includes people they've run out of options, and it's where the yearly basis information on tuition, price, and who are trying to climb out of their problems, millions of Americans who regularly donate to the relationship between tuition increases and trying to improve their prospects and willing to canned food drives send their support. increases in institutional costs. It will also participate in initiatives aimed at giving them The food banks are in trouble. I am not here allow us to keep track of any progress made the tools they need. And, when the story in- to rehash welfare reform, Mr. Speaker, and I in reducing tuitions by requiring the United cludes a food bank, it always features people was surprised that most food banks aren't in- States General Accounting Office to issue a doing the Lord's workÐand in increasingly terested in doing that either. As the food bank yearly report on college cost and tuition in- creative ways. The survey describes some of in Montgomery, Alabama put it, ``We are doing creases. those approaches, and I think many of them our best to meet the need, and we think in the This legislation will reduce the costs im- deserve attention and praise. posed on colleges through unnecessary or end we will help make welfare reform work.'' The food banks, and the hungry people who overly burdensome federal regulation by re- A lot of food banks expressed similar opti- are doing their best to escape poverty, cannot quiring the Secretary of Education to under- mism, and I share their hope. I think all of us do it alone. We need a range of initiatives to take a thorough review of regulations regard- do. fill the gaps, and I will be using this survey to ing student financial assistance every two Of all the ways we can make welfare reform support my work on at least three ideas: First, years, and were possible repeal, consolidate, work, food is the least expensive one. Job and most immediately, the food banks need or simplify those regulations. The Secretary training, transportation to get to a job, child more money. I am working on a bill now, but will also report to Congress any recommenda- care, health careÐthese are all pricey invest- the fact is that even millions of dollars would tions he has with regard to legislative changes ments. Food is an investment tooÐalthough be a small investment in making sure that wel- which would allow increased regulatory sim- some people talk as if food is like a carrot you fare reform succeeds. I'm also looking into in- plification. Our bill will allow colleges and uni- dangle in front of a mule to make it go where cluding the President's request for $20 million versities to offer voluntary early retirement you want it to go. That might work with ani- to support gleaning initiatives, because food packages to tenured professors, and it will re- mals, but it simply doesn't work with people. banks rely heavily on gleaned food. quire the General Accounting Office to report Hunger makes people tired. It saps their Second, we need to end the tax law's dis- to Congress on the extent to which unneces- spirit and drive. It robs them of the concentra- crimination against charitable donations from sary costs are being imposed on colleges and tion they need to learn job skills. It forces farmers and businesses who want to donate universities as a result of holding them to the them to focus on where the next few meals food. Current law says the value of food is same Federal regulations that are applied in are coming fromÐinstead of on finding a job, nothing more than the cost of its ingredientsÐ industrial settings. We expect colleges and or holding one. And it makes them prone to which already are deducted as a cost of doing universities to pass these savings on to stu- get sick, from every flu bug that comes business. dents. around, on up to some very serious diseases. That means it makes no difference to the This legislation will keep college affordable When Congress enacted welfare reform, we green eyeshades in ``Accounting'' whether the by ensuring that every American has simpler, increased federal support for food banks by food is donated or dumped. In fact, it costs a more efficient access to higher education by $100 millionÐbut the money inserted into the few pennies more to donate the food (in trans- bringing the delivery of Federal student finan- gap between need and supply is falling far portation or labor costs). The same is true for cial assistance into the 21st century and by short. We originally took away $23 billion from farmers: why not plow under unsold crops, if strengthening Federal support for innovative food stamp recipients. But we gave just $100 it costs you time or money to donate them in- projects addressing issues of productivity, effi- million to food banks. With that, they are stead? Many businesses and farmers donate ciency, quality improvement, and cost control struggling to provide just a few days worth of food anywayÐbut many more probably would at postsecondary institutions. emergency food to the people who've lost if we treat food as a charitable donation, in the Tomorrow, under the leadership of Chair- their food stamps, or whose food stamps don't same way that old clothes and other donated man GOODLING, the Committee on Education last the entire month. It's just not enough. goods are treated. March 17, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E395 Late last year, I introduced the Good Sa- serve. In the 104th Congress, the House of I wish Rosa and Carlos de la Cruz the best maritan Tax Act, HR 2450, and I urge my col- Representatives overwhelmingly approved a on receiving this prestigious honor from the leagues to support that. I also am looking into resolution expressing strong support for Fili- Simon Weisenthal Center. Their leadership ways we can remove obstacles to trucking pino veterans. This year, the President's budg- and ability to inspire others is truly admirable companies and others who can help get food et request actually includes fundingÐ$5 mil- and I know that they will continue on their be- to hungry people. lionÐfor benefits for these veterans. nevolent path. Third, we must increase the minimum wage. Now is the time to give equal treatment to f As the Latham, New York food bank put it, Filipino veterans. Over 180 Members of Con- ``The fastest growing group of people being gress, including myself, have cosponsored JOAN DUNLOP: LEADER FOR served by food pantries is the working poor. H.R. 836, the Filipino Veterans Equity Act, WOMEN’S HEALTH That is a disgrace. Minimum wage should lift which would provide all Filipino veterans full people out of poverty.'' and equal benefits available to other veterans HON. NITA M. LOWEY There are other good anti-hunger initiatives of the Second World War. This legislation is OF NEW YORK as well, but if we are serious about answering long overdue and, especially given how little IN THE HOUSE OF REPRESENTATIVES the clear call of food banks in trouble, these the House of Representatives is scheduled to Tuesday, March 17, 1998 three ought to be at the top of the agenda. consider this year, there is no reason not to Food banks have been doing the hard work enact this bill in this session of Congress. Mrs. LOWEY. Mr. Speaker, I rise today to on the front lines of fighting hunger for dec- I urge my colleagues to support the Presi- recognize the extraordinary career and accom- ades. They are supported by their commu- dent's request for funding for Filipino veterans, plishments of Joan Dunlop, one of the world's nities, and they are the organizations that in- and push for swift consideration of H.R. 836. truly outstanding leaders for women's health. creasing numbers of citizens turn to. In my It is the least we can do for those who fought As the President of the International Wom- own state of Ohio, one in nine people seek so bravely in the defense of our country. en's Health Coalition (IWHC), Ms. Dunlop has emergency food assistance every month, ac- f successfully transformed a once small organi- cording to a September 1997 report by the TRIBUTE TO ROSA R. AND CARLOS zation into an agency with a genuinely global U.S. Department of Agriculture. M. de la CRUZ scope. Widely recognized as a top authority When I visited my local food bank in Dayton on women's health and population policy, recently, I was amazed to find it was the same HON. PETER DEUTSCH IWHC now supports some fifty projects in place I had come often in the past. Then, the eight countries, enlists the talent and energy OF FLORIDA shelves were brimming with foodÐand good of thousands of committed activists and policy- IN THE HOUSE OF REPRESENTATIVES food too. Lately, the shelves have been makers, and helps countless individuals make empty, and when I visited it seemed they con- Tuesday, March 17, 1998 sensible health and family planning decisions. tained more marshmallows than nutritious sta- Mr. DEUTSCH. Mr. Speaker, I rise today to Thanks to Ms. Dunlop, debate about repro- ple foods. I was able to convince Kroger to recognize Rosa R. and Carlos M. de la Cruz, ductive health and population policy has make a generous donation to help Dayton's Sr. on receiving the Simon Weisenthal Center achieved a new prominence at international food bank. I urge my colleagues to see for National Community Service Award. Mr. and conferences, and a greater claim on the atten- themselves what is happening in their own Mrs. de la Cruz are being honored for their tion of global decision-makers. She was instru- communities, and to lend a hand in whatever outstanding commitment to the community. mental in shaping the agenda of the 1994 way you can to answer this growing need. Over the past several years, they have worked United Nations Conference on Population and Increasing numbers of people are so hungry together to improve education and social serv- Development and the Women's Conference in they're willing to stand in line for food, Mr. ices, promote the arts, help the underprivi- Beijing in 1995. Speaker. I cannot rest knowing that, too often, leged, and foster better relations for all people. Ms. Dunlop came to the IWHC after an al- there is no food at the end of that line. I urge The de la Cruz family defines caring. Born ready distinguished career in philanthropy and my colleagues to take a look at this survey, in Havana, Cuba, Carlos and Rosa de la Cruz public service. She worked with the Ford which is available from my office, and to see moved to Miami in 1975. Since arriving in Foundation and the Rockefeller Family, helped the situation for themselves in their own com- South Florida, they have been a wonderful ex- develop strong leadership at the Population munities. ample of charitable giving, devoting time to Council, served as the vice-president of the f education, social services, and the world of art Public Affairs Division of Planned Parenthood, and artists. In 1997, they received the coveted and as the Executive Assistant to the Presi- IT’S TIME TO COMPENSATE Alexis de Tocqueville Award for Outstanding dent of the New York Public Library. FILIPINO VETS Philanthropy from the United Way. Mr. Speaker, on April 20, the staff, support- Carlos de la Cruz's leadership and enduring ers, and friends of the IWHC will gather to HON. SAM FARR generosity is a beacon for us all. For six honor Joan Dunlop and celebrate her inspiring OF CALIFORNIA years, he chaired the development committee contribution to the cause of women's health IN THE HOUSE OF REPRESENTATIVES for the University of Miami. He also estab- world-wide. I wish to add my heartfelt thanks lished a Black Educational Scholarship Fund and express my passionate belief in the goals Tuesday, March 17, 1998 at Florida International University and raised to which Joan Dunlop has devoted her profes- Mr. FARR of California. Mr. Speaker, I rise endowment for a campus for Belen Pre- sional life. today in strong support of providing fair equity paratory School. In 1990, Carlos became the f to the Filipino veterans of World War II. first Cuban American to chair the United Way I represent many Filipino veterans in Con- campaign. He helped guide the creation of a INTRODUCTION OF ‘‘THE PATIENT gress, and I have witnessed their fortitude and United Way program called GRASP to help RIGHT TO INDEPENDENT AP- love of country and heard many accounts of Cuban and Haitian refugees get off to a good PEAL ACT OF 1998’’ their bravery and dedication in the face of bat- start in our country. Among his accomplish- tle. ments, Carlos de la Cruz has received the Sil- HON. BENJAMIN L. CARDIN Sadly, these veteransÐdespite their service ver Medallion Brotherhood Award from the Na- OF MARYLAND and sacrificeÐare not considered to have tional Congerence of Christians and Jews, the IN THE HOUSE OF REPRESENTATIVES been in ``active service'', and are thus not eli- Distinguished Service Award from Florida Tuesday, March 17, 1998 gible for full veterans benefits. Many of these International University, and the Social Re- veterans served in the battle of Bataan, were sponsibility from the Urban League. Mr. CARDIN. Mr. Speaker, I rise to intro- subject to the horrors of the Bataan Death Rosa de la Cruz has shared her talent to duce legislation guaranteeing Americans one March, and fought against the Japanese occu- the world of art. She serves on the Exhibitor of the most fundamental of patient's rights: the pation of the Philippines. No one can argue Committee of the Museum of Contemporary right to appeal adverse decisions made by that they did not earn their right to be consid- Art in Chicago, the Acquisition Committee of health insurance companies. ered World War Two veteransÐyet current the Miami Art Museum and is actively involved ``The Patient Right to independent Appeal law does just that. with the Museum of Contemporary Art of Act of 1998'' ensures patients the ability to re- I am hopeful that we are moving closer to North Miami. She has helped countless con- ceive an independent, unbiased review of their finally providing these brave and honorable temporary artists express their talents and cases when their plan decides to deny, reduce people the benefits they have earned and de- themselves. or terminate coverage in these circumstances: E396 CONGRESSIONAL RECORD — Extensions of Remarks March 17, 1998 When the health plan determines that treat- And now Paul Iacono has enlisted Vice REMARKS ON WOMEN SMALL ment is experimental or investigational; when President GORE, Congressman ROTHMAN, and BUSINESS OWNERS the health plan determines that services are me in his cause. In our meeting on March 17, not medically necessary and the amount ex- we pledged to help him promote awareness of SPEECH OF ceeds a significant threshold; or when the pa- the disease and move towards the ultimate HON. CAROLYN McCARTHY tient' life or health is jeopardized. goal of finding a cure for leukemia. OF NEW YORK This bill does not expand health plans' lists This remarkable young man serves as an IN THE HOUSE OF REPRESENTATIVES of covered services, rather it guarantees pa- inspiration for us all. Tuesday, March 10, 1998 tients and their doctors the freedom to make treatment decisions independent of financial Paul Iacono, his father, Anthony, and his Mrs. McCARTHY of New York. Mr. Speaker, considerations. mother, Michele, attended the Annual Leuke- I rise this evening in support of women busi- Health plans argue that they provide ``the mia Society of America meeting in Washing- ness owners, particularly small business own- right care, at the right time, in the right set- ton, D.C., March 14 through March 19. ers on Long Island. Small Businesses are the ting.'' backbone of the economy in my district on But just last Wednesday, The Washington f Long Island. As of 1996, there are over Post quoted the chief financial officer of a 527,000 women-owned businesses in New local HMO as he discussed with Wall Street ON INTRODUCTION OF THE York, employing nearly 1.4 million people and analysts the rosy outlook for his company' bot- MEDICARE EARLY ACCESS ACT generating $205.6 billion in sales. Since 1987, tom line. ``Probably the brightest spot in our Census figures indicate that the number of operations is the improvement in our New York women-owned firms increased by claims auditing capability,'' he said. ``We have HON. FORTNEY PETE STARK 39%, employment increased by 78% and . . . taken advantage of opportunities to re- OF CALIFORNIA sales grew by 100%. Women owned firms ac- duce current and future medical expenses by count for over one-third (36%) of all firms in more closely challenging the contractual and IN THE HOUSE OF REPRESENTATIVES New York, provide employment for 26% of medical appropriateness of claims received.'' Tuesday, March 17, 1998 New York's workers, and generate 14% of the In their own words, health plan executives state's business sales. I am proud to inform are publicly flaunting their ability to find new Mr. STARK. Mr. Speaker, on behalf of the you that New York ranks third out of the 50 ways to require providers to refund claims Democratic leadership and all committees of states in the number of women-owned firms they've already been paid for. This should jurisdiction, and at the request of President as of 1996, second in employment, and sec- leave no doubt in our minds that providing Clinton, we are pleased to introduce the Medi- ond in sales. avenues for patients to appeal plan decisions care Early Access Act. This bill provides These statistics indicate the enormous in vital. health insurance for 400,000 people at a vul- power of women in the small business com- Many health plans have an internal appeals nerable point in their lives. At the same time, munity. And the benefits to women are not system already in place, but quite often these it closes gaping loopholes in Medicare to re- only financial. Women-owned businesses are appeals are conducted by the same plan per- capture millions of dollars in fraud and abuse. more likely than all businesses to offer flex- sonnel who originally denied the coverage. Democrats created Social Security in 1935 time, tuition reimbursement, and, profit sharing The ``Patient Right to Independent Appeal of when Franklin Delano Roosevelt was in the as employee benefits. And by owning their 1998'' establishes a system through which pa- White House. We perfected Medicare in 1965 own business, women gain control over their tients can appeal to an autonomous decision- when Lyndon Johnson was President. And in own fate. This sense of pride and self-suffi- making body that has no financial incentive to 1985, I was privileged to draft the COBRA ciency are vital as more former welfare recipi- limit health care treatment. By passing this bill, coverage law with the support of a Republican ents move into the workforce. Congress can make real progress toward pro- President, Ronald Reagan. This year, under We need to encourage this dynamic and in- viding the American people a sense of secu- the leadership of President Clinton, we plan to novative segment of the business economy. rity that their health insurance benefits will be follow in this bipartisan tradition and enact leg- While women owned businesses have made there when they need them. I urge my col- islation to open up Medicare to early retirees significant strides, they still face many obsta- leagues to support this essential legislation and displaced workers who can't buy ade- cles. Yesterday, I attended a public affairs and guarantee our citizens a much needed quate health care in the private market. breakfast hosted by the Long Island Chapter patient right. of the National Association of Women Busi- f We can do this at no cost to the taxpayer. ness Owners. This association, along with oth- The Medicare Early Access Act is fully paid for ers like the Women Economic Developers of IN HONOR OF PAUL IACONO FOR through premiums and anti-fraud savings. HIS TIRELESS EFFORTS ON BE- Long Island, plays an important role in encour- HALF OF THE LEUKEMIA SOCI- Insurance companies don't want to sell poli- aging women small business development. As ETY OF AMERICA cies to people between the ages of 55 and 65. we discussed at the meeting, the major prob- Employers are trying to stop covering them. lem women business owners face is the lack States are not filling the gap. It's time for the of capital investment available to them. As a HON. ROBERT MENENDEZ federal government to step forward and solve member of the Small Business Committee, I OF NEW JERSEY the problem of diminishing access for early re- am working hard to expand capital investment IN THE HOUSE OF REPRESENTATIVES tirees and workers who have lost their jobs opportunities to women business owners. I Tuesday, March 17, 1998 through no fault of their own. was pleased that the Small Business Associa- Mr. MENENDEZ. Mr. Speaker, Paul Iacono Early Medicare is also an option for workers tion's 1999 budget request contained signifi- is a hero. He is a brilliant entertainer who age 55 to 62 who have lost their jobs and cant increases for the microloan program, the sang a tribute to Frank Sinatra on his 80th aren't eligible for COBRA. And despite gloomy traditional funding source for women entre- birthday, starred in two Union City theater predictions in some quarters, the Congres- preneurs. In addition, the budget requests in- plays and is an announcer for MetroStar soc- sional Budget Office has given the Medicare creased funding for Women Business Centers. cer games. buy-in bill a thumbs up. These centers were established in 1988 as a He is a tribute to the youth of America be- demonstration project to provide long-term The fraud part of this package will close cause he accomplished all this and more by training, counseling and technical assistance gaping loopholes that now permit some pro- the age of nine. to socially and economically disadvantaged He is a bright, talented, energetic and hard- viders to abuse our country's largest health women and have been very successful. We working person who has succeeded despite care system. We give Secretary Shalala the need to expand these centers so that women being diagnosed with leukemia a year ago. authority to take the necessary steps to save across the country have access to these im- But Paul Iacono is a hero because he has Medicare billions of dollars. portant resources. selflessly devoted his time, talents and energy The President's Medicare buy-in proposal Mr. Chairman, small business is the future to help find a cure for leukemia. He has given sets the stage for a federal government that is of our nation's economy and women are at the the cause publicity by appearing on the Rosie fiscally conservative and socially responsible. forefront of this field. It is our responsibility to O'Donnell Show and has helped raise money With the support of progressive lawmakers, encourage and expand women's business op- at events such as the New York City Mara- we will work toward enactment of this impor- portunities as they lead small businesses into thon. tant bill this year. the 21st century. March 17, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E397 TRIBUTE TO PATRICK WILLIAM training was scheduled to last six months, child, Florence, and her husband Brian CADY but shortly before completion, Pearl Harbor Gapsis, live in Ellicott City with Briana, was bombed, and the country was at war. Austin, and Silke. And Florence’s daughter, The new year found Pat on a ship bound for Karen, is expected to deliver Pat’s first HON. THOMAS J. MANTON the Pacific. He arrived in Bora Bora and great-grandchild between his birthday on OF NEW YORK began to document soldiers and sailors es- March 8 and St. Patrick’s Day. IN THE HOUSE OF REPRESENTATIVES tablishing the first base away from Amer- Pat would like all of us to understand why ican shores. He learned to tell a story in the Tuesday, March 17, 1998 the car carrying him in the Parade is weav- length of one roll of film—one minute. Occa- ing down Constitution Avenue. It’s not be- Mr. MANTON. Mr. Speaker, the Washing- sionally, longer stories were necessary, and cause his driver has begun toasting St. Pat- ton, D.C. St. Patrick's Day parade took place they were allowed two minutes. Just when rick a wee bit early. It’s because Pat is re- this past Sunday. Today is the proper occa- he and his team thought they had run out of cording the Parade from a new vantage sion to congratulate and pay tribute to Patrick subjects to film, Admiral Byrd arrived for an point. Smile—you are becoming a part of our inspection tour and gave them additional as- William ``Pat'' Cady, who was honored as the memory of this event honoring a special signments. He is still in touch with his team- Irish-American, Patrick William Cady, Gael Nation's Capital Gael of the Year. This is an mates from that time. After several months, of the year. annual award which recognizes an individual Pat was transferred to the Hebrides, expect- from the local Washington Irish-American ing to continue filming short subjects. The f community for their efforts on behalf of Irish skipper there told him they didn’t need mov- and Irish-Americans everywhere. It would be ies, they needed aerial photography. Pat HARVEST FOR THE HUNGRY difficult to find anyone more worthy of such an found himself in low-flying planes with the honor than my friend Pat Cady. Army Air Corps (before it became the Air Force), flying in the last plane in bombing HON. BENJAMIN L. CARDIN I commend and encourage my colleagues to missions, documenting the results of the OF MARYLAND read the exceptional article I have included damage done by the planes ahead. IN THE HOUSE OF REPRESENTATIVES about Pat's extraordinary life written by Ms. Two years later, Pat was transferred back Marie Matthews. to the States, to Washington. It was here Tuesday, March 17, 1998 that he married his high school sweetheart PATRICK WILLIAM CADY: THE IRISH EYE GAEL Mr. CARDIN. Mr. Speaker, I rise today to from South Boston in February 1944. Soon OF THE YEAR after, Pat received orders to report to the honor the work of the Harvest for the Hungry (By Marie Matthews) Navy studio in Hollywood, and he and Flor- Campaign. Few of us know the pain of hunger The Irish Eye. If you’ve been to an event in ence established a home around the corner or the desperation that comes from not know- Washington’s Irish-American community from Schwabs’ drug store. Pat began serious ing where our next meal will come from. during the last twenty years, you’ve seen training with Hollywood professionals, mak- In 1987, Larry Adams, Jr., founded Harvest him, camera in hand, recording our memo- ing training films. A year later, he had his for the Hungry as a statewide volunteer effort ries. The Saint Patrick’s Day Parade is own crew. dedicated to collecting food 365 days a year proud and pleased to honor our Gael of the When the Korean action began, Pat was for people in need. Since that time, many indi- Year, Pat Cady. sent back to the Pacific as part of a combat Pat was born on March 8, 1923, in South camera group. He lived in Korea and Japan. viduals and organizations have contributed Boston, Massachusetts. Contrary to the be- About this time, he was also shooting film their time and energy to this very worthwhile lief of many people, he didn’t have a camera that was used by Warner Brothers in their endeavor. with him. His parents were Mary Joyce and movies. If you’ve gazed at the ships heading Since its inception, the Harvest for the Hun- James Keady, immigrants from County Gal- out to sea at sunrise along with Henry Fonda gry Campaign has collected more than 12.6 way. They had nine children, five boys and in Mister Roberts, you’ve seen Pat’s work. million pounds of food. In 1997, it collected four girls. Some time before the last child The seamen spelling out Navy Log on the was born, the spelling of the name was more than 1.8 million pounds of food for the deck of their carrier at the opening of that Maryland Food Bank and its counterparts. changed to reflect its Gaelic pronunciation. television series were also filmed by Pat. When Pat was in his early teens, he picked Today, he still sees film he shot during that I want my colleagues to be aware of two up- up a family camera and began taking pic- period in various television productions. coming events that exemplify the spirit of vol- tures. He shot hundreds of pictures of his sis- Pat moved back to Washington and worked unteerism. They are the U.S. Postal Service ter, Rita, who was the only child younger for the Naval Photographic Center, making Letter Carrier Week, from March 14 to March than he and who was willing to pose when he training films for the Navy and the Marines. 21, 1998; and the Second Annual Harvest for asked. Soon after, he joined the Boys’ Club He became the first enlisted man to hold the the Hungry Walk-A-Thon on Saturday, April 4, in South Boston and began recording their position of Motion Picture Project Super- 1998. activities on film—sporting events, marches, visor. Pat retired from the Navy in 1961, but just hanging around. He set up a darkroom continued to produce films for them for an- Maryland, like every state, has serious prob- at the Club and taught other boys how to other twenty years. lems feeding those who are homeless and take pictures. In 1976, he attended his first St. Patrick’s hungry. The Harvest for the Hungry Campaign The first camera he bought for himself was Day Parade in Washington and began taking has tried to remedy that problem. I urge my a large camera designed for making post- pictures. A year later, he heard on the radio colleagues to join me in saluting the efforts of cards. Pat still has negatives from that time that the Parade Committee needed volun- the Harvest for the Hungry Campaign and its and from his time with the Boys’ Club. teers and he offered to assist the Parade’s founder, Larry Adams. While in high school, Pat worked in the photographer. He has been giving his time, metal shop before school started, lighting talent, film, good sense and ideas ever since. f the fire in the furnace and preparing tools to Pat then became active in other Irish be used by the students that day. He grad- American groups. He was a founding member TRIBUTE TO LOIS CAPPS uated from South Boston High School and of the John Fitzgerald Kennedy, Division 5, joined the Navy, expecting to begin a career of the Ancient Order of Hibernians. Today, as a metalsmith. He was prepared to go to he is the OAH’s national photographer. He is HON. TIM ROEMER metal training, when a Lieutenant Cady (no also a valued member of the Irish American OF INDIANA relation) offered him an alternative: he could Club of Washington, D.C.; the Police Emer- IN THE HOUSE OF REPRESENTATIVES stay in boot camp several more months or he ald Society; the Roscommon Society; the could go to New York City to be trained as Nation’s Capital Feis Committee; the Tuesday, March 17, 1998 a photographer. It didn’t take Pat very long Ballyshaners; the Washington Gaels; the Mr. ROEMER. Mr. Speaker, adversity is at all to make a career decision. Greater Washington Ceili Club; Project Chil- The March of Time was the division of dren, and the Belfast Children’s Summer supposed to make us stronger. But the world Time-Life that produced short films shown Program. These organizations rely on Pat to does not always cooperate. When we lost our in newsreel theaters. The director of the photograph their events and to be a voice of beloved colleague, Walter Capps, last year, March of Time believed the Navy needed reason and conciliation. He has never let we did not feel stronger for it. Indeed, we felt more publicity and had offered to train Navy them down. a keen sense of loss. photographers along with Time-Life staff. In Pat’s beloved wife, Florence, and his Today, our loss is assuaged by a new addition to an interest in photography, re- daughter Rosemary, passed away several strength, and a new sense of purpose. Our quirements were willingness and ability to years ago. Rosemary’s husband, Bruce Wag- carry cameras weighing 125 pounds. Pat ner, and their children, Denise, Sean, and colleague, LOIS CAPPS, was sworn in today to began his formal training there in May 1941 James, live in North Carolina. Son George replace the unreplaceable gap left by her hus- and learned his craft by working with profes- and his wife Susan live in Maryland. Patri- band, her friend, her colleague of so many sional cinematographers on location in New cia, her husband, Ross Wilcox, and sons Phil- years. And she does so with alacrity. This is York, New England and North Carolina. The ip and Patrick, live in Delaware. The oldest a woman elected of her own talents, E398 CONGRESSIONAL RECORD — Extensions of Remarks March 17, 1998 strengths, and purpose. The temptation is so work since its inception. . . . In the vast Hampshire's youth. His goals and effort are an easy to say that she will finish Walter's legacy: desert of policy and think tank meetings, example for all of us that show how giving the truth is that she will improve on it. largely concerned with questions of econom- back to your community can make a dif- ics, military defense, and environmental pro- LOIS is here not by accident. Walter Capps tection, the Helsinki Commission stands as the ference for so many. Thank you, Mr. Speaker. had a wonderful vision for his district; and for single oasis where those concerned with human f what that meant to all of us. LOIS CAPPS will rights, and especially the grassroots efforts CONGRATULATIONS TO AL continue Walter's blessed work, and leave her to support common citizens in their quest to own imprint on the national scene. She is hold their national and local governments HARRINGTON, A TRUE CHAMPION most welcome here. accountable to the standards of democracy, Mr. Speaker, the Gentlewoman from Califor- rule of law and a civil society, can invariably HON. DONALD M. PAYNE nia is a most welcome addition to this institu- receive a responsive and understanding hearing. OF NEW JERSEY tion. More than anyone, she is qualified to The power and moral influence of the Hel- IN THE HOUSE OF REPRESENTATIVES carry on the legacy of our departed colleague, sinki Commission lies in the commitment of its entirely bi-partisan membership in the Tuesday, March 17, 1998 Walter Capps. But, Mr. Speaker, more than House and Senate. Its strength and the qual- Mr. PAYNE. Mr. Speaker, I would like to ask anyone, she is qualified to study and improve ity of its assessments derive from one of the my colleagues here in the U.S. House of Rep- upon Walter's legacy. most dedicated and professionally expert resentatives to join me in congratulating an f staffs I have encountered since I was a Con- gressional staff member in the early outstanding young man, Al Harrington of St. PERSONAL EXPLANATION 1960s. . . . The Helsinki Commission’s high Patrick High School in Elizabeth, New Jersey, standard of quality tends to obscure the lim- who was named The Gatorade Circle of HON. RUBE´N HINOJOSA itations in its scope and reach. While it is Champions National High School Boys Bas- difficult to measure quantifiably the oppor- OF TEXAS ketball Player of the Year. This prestigious tunities thus lost, those of us in the human IN THE HOUSE OF REPRESENTATIVES award honors not only athletic excellence, but rights community can attest that the suc- also academic achievement. Tuesday, March 17, 1998 cess of your work demands greater resources. We in New Jersey are very proud of this Mr. HINOJOSA. Mr. Speaker, on Thursday, No other institution can match the Helsinki Commission. It would seem incumbent on gifted young man, who has distinguished him- March 12, I missed Roll call Vote #50 due to the Congress to strengthen your ability to self both on and off the court. The newspaper an address I was giving before the National expand the staff, which is your most precious USA Today ranks St. Patrick as the Number Association of State Boards of Education. Had resource. 9 team in the nation. Al is averaging 25 points I been present to vote on final passage of f per game, along with 15 rebounds, 3.5 as- H.R. 2883, the Government Performance and sists, and 3 blocked shots. A three-time All- Results Act, I would have cast a no vote. THE BOBBY STEPHEN ST. Stater and a pre-season All-American choice, f PATRICK’S DAY CELEBRATION he will be playing in a variety of post-season All-Star games. COMMISSION ON SECURITY AND HON. JOHN E. SUNUNU Al is following in a proud tradition. New Jer- COOPERATION IN EUROPE sey boasts four winners of this national OF NEW HAMPSHIRE awardÐClaudio Reyna of St. Benedict's, Kris HON. CHRISTOPHER H. SMITH IN THE HOUSE OF REPRESENTATIVES Durham of Scotch Plains, and Willie Banks of OF NEW JERSEY Tuesday, March 17, 1998 Jersey City, now with the New York Yankees. IN THE HOUSE OF REPRESENTATIVES Mr. SUNUNU. Mr. Speaker, I rise today to Al maintains a 3.1 grade point average and Tuesday, March 17, 1998 pay special tribute to an annual New Hamp- has performed well on the Scholastic Assess- ment Test. He is a well-rounded young man Mr. SMITH of New Jersey. Mr. Speaker, last shire event and the man who hosts itÐthe who is involved in a variety of extracurricular week the Appropriations Subcommittee on Bobby Stephen St. Patrick's Day Celebration. activities and volunteer work. He held a star- Commerce, Justice, State, and Judiciary heard Today marks the 20th anniversary of this Man- ring role in the school play Annie Get Your testimony in support of the Commission on chester, NH gathering hosted by Bobby, a Gun, he sings in the school choir, volunteers Security and Cooperation in Europe's Fiscal former State Senator and current Deputy Ex- in a local hospital, and works with grammar Year 1999 budget request. In my written sub- ecutive Director of the New Hampshire Job school youngsters. mission for the committee, I shared portions of Training Council. Mr. Speaker, Al Harrington is a young man a poignant letter I recently received from the Over the past two decades, Bobby's gener- with a bright future who embodies the very National Director of the Union of Councils of ous spirit has turned this well-loved and well- best qualities of today's youth. I know my col- Soviet Jews, Micah Natfalin. Mr. Naftalin's attended annual event into an opportunity to leagues join me in expressing our congratula- words and observations are well said and give back to his community and his state. For tions and best wishes to him as well as to the heartfelt, and frankly, he reflects observations the second consecutive year, he will be donat- other St. Patrick's players and their dedicated about the Commission and its work that many ing the entire proceeds from today's celebra- coach, Kevin Boyle. NGOs and public policy analysts have shared tion to the Jobs for NH Graduates Program, a f with me over the years. program for at-risk teens sponsored by the The Commission is aggressive in pursuing New Hampshire Job Training Council. 25TH ANNIVERSARY OF THE ST. its mandate to monitor and encourage compli- This award-winning program is a school-to- PATRICK’S DAY PARADE IN KAN- ance with the Helsinki Accords. Through its career transition program which teaches SAS CITY, MO hearings, public briefings, bilateral commu- young people how to look for, find, and keep nications and encouraging strong statements a job. Currently in place at 30 New Hampshire HON. KAREN McCARTHY high schools, the program has served more by the U.S. delegation at OSCE meeting, the OF MISSOURI Commission encourages compliance through than 5,000 young people in its ten-year his- IN THE HOUSE OF REPRESENTATIVES public diplomacy and suasion. The Commis- tory. It offers students the opportunity to im- sion's work is significantly enhanced by the prove their grades, learn about different ca- Tuesday, March 17, 1998 diligent work of non-governmental organiza- reers, and serve their communities. Ms. MCCARTHY of Missouri. Mr. Speaker, I tions both here in the United States and in the A modest list of the students' achievements rise today to commemorate the 25th Anniver- field. The commitment and effectiveness of the includes volunteering to transport donated sary of the St. Patrick's Day Parade in Kansas Commission and the staff which are ex- food from a local store to the Manchester City, Missouri. The second largest parade in pressed in this letter from the Union of Coun- Soup Kitchen, organizing a student job fair at the country, Kansas City represents the best cils speaks for themselves. Mr. Speaker, these Manchester Central High School, presenting of the tradition of the Irish. Started by local complimentary words about the work of the an evening of entertainment to elderly resi- radio personality Mike Murphy in 1973, the Commission and particularly the expertise of dents at the Hunt Community Center in Nash- celebration now includes families, community the staff are not uncommon. For the record, I ua, serving as mentors for elementary school and school groups, civic and labor organiza- would like to share excerpts from the March children in Newport, and volunteering time at tions representing the greater Kansas City 10 letter. a Red Cross blood drive in Concord. metropolitan area. The Union of Councils for Soviet Jews has Mr. Speaker, I commend Bobby Stephen for The parade has become one of the largest been a close observer of the Commission’s his commitment and contributions to New in America because of the dedication and March 17, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E399 commitment of the Irish community. The tradi- data promote economic stability and growth in cording to a report released by the General tions of celebrating the history and lineage of every sector of our economy. Retail, services, Accounting Office (GAO), between 1980±1981 the families of Ireland have become ingrained communications, and manufacturing compa- and 1994±1995, tuition at 4-year public col- in our community. Generations after genera- nies rely on this data to allocate resources leges and universities increased 234 percent, tion continue the reminder of the importance and develop investment strategies; to deter- while median household income rose 82 per- of St. Patrick's Day. mine the location of new stores and plants; to cent, and the consumer price index rose only From a small crew and a block long parade assess the need for job training, educational, 74 percent. to the success of today's 100,000 plus partici- and child care programs; and to meet cus- Over the past year, I have held hearings pants, Kansas City demonstrates the values of tomer needs and preferences. Transportation across the country as my Committee worked keeping tradition alive. I enjoy the parade and providers use census data to assess the need to update and improve the Higher Education all of the community cheer and enthusiasm. for roads, highways, and transit systems. The Act. One consistent theme I have heard from This morning the excitement was captured for housing industry relies on census data to parents and students where ever I went was the nation on ABC's ``Good Morning America'' gauge housing conditions, predict loan de- the reality that paying for college is a huge fi- program. Even on a cold and dreary day, Kan- mand, and improve and expand housing in nancial burden, and that for some, a college sas City's St. Patrick's Day Parade brings the under-served markets. The private sector education will soon be out of reach. It is shining Irish pride of all of us to light. could not possibly replicate the information in alarming to me that, at a time when the higher Mr. Speaker, I salute the 25th Anniversary the census. education programs under my Committee's ju- of Kansas City's St. Patrick's Day Parade and We must send a message to those involved risdiction provide roughly $40 billion per year the excitement it has brought to our commu- in the 2000 CensusÐthe Congress, the Cen- in student financial aid, parents and students nity and its residents through the hard work sus Bureau, and the AdministrationÐthat we tell me they cannot afford to pay the college and determination of the Irish community of must preserve the long form, the only tool that bills. It is clear to me, as it is to anyone that my district. gives us a comprehensive picture of who we has ever sent a child to college, that college f are as a nation. is too expensive. f This trend in college pricing is especially PRESERVE CRITICAL DATA IN THE alarming in that it only seems to apply to high- 2000 CENSUS CAMPAIGN FINANCE REFORM er education. There are many other endeavors and many businesses that must keep pace HON. CONSTANCE A. MORELLA HON. RON KIND with changing technologies and federal regula- OF MARYLAND OF WISCONSIN tions. However, in order to stay affordable to IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES their customers and stay competitive in the market, they manage to hold cost increases to Tuesday, March 17, 1998 Tuesday, March 17, 1998 a more moderate level. Mrs. MORELLA. Mr. Speaker, today I am in- Mr. KIND. Mr. Speaker, this week it was That is why I'm joining my colleagues today troducing a resolution expressing the Sense of publicly disclosed that former Wisconsin Sen- in introducing this important legislation to im- the Congress that the 2000 Census should ator William Proxmire has Alzheimer Disease. plement a number of the recommendations of continue to collect demographic and socio- Senator Proxmire, who had a long and distin- the Commission on the Cost of Higher Edu- economic data to promote sound decision guished career in the U.S. Senate, is a friend cation. It is time that we all did something to making. and mentor to me and many other Wisconsin control college costs. I want to ensure my col- On March 31, 1997, the Census Bureau citizens. leagues and families across the country that I submitted to Congress the subject matters for Yet, he will probably be best remembered will continue to work hard to see that every questions on the long form. The long form is not for what he did in the Senate but by how American has access to a quality postsecond- sent to one in six households. Its questions he got here. Senator Proxmire was famous for ary education at an affordable price. This leg- will provide the only accurate and reliable his efforts to shake the hands of as many citi- islation will provide a needed step in that di- source of demographic, social and economic zens of Wisconsin as possible, standing hours rection. data about our population and housing. The on end at the State Fair and outside the I urge my colleagues to support this impor- Census Bureau will collect only data that is Green Bay Packers games. tant legislation, and to cosponsor the College specifically required by law or a Federal court One year Senator Proxmire spent a total of Tuition Reduction and Information Act. for the implementation of programs or the allo- $184 on his reelection campaign! Can you f cation of Federal funds; the Bureau has imagine a Senator spending only $184 on his dropped its 1990 questions that have no ex- reelection in today's political climate? MEMBERS CRITICIZE CROATIAN plicit statutory justification. Next week, I hope we will remember my GOVERNMENT IN LETTER TO The public sector relies on Census long friend and mentor, Senator William Proxmire, THE PRESIDENT form data. Federal agencies must have the in- as we debate campaign finance reform. His formation collected by the Census Bureau on example should make our decision easy. HON. EDOLPHUS TOWNS the long form in order to administer federal f OF NEW YORK programs. They also need this information to IN THE HOUSE OF REPRESENTATIVES ensure that programs are inclusive, represent- INTRODUCING THE COLLEGE TUI- ative, and serve the needs of local popu- TION REDUCTION AND INFORMA- Tuesday, March 17, 1998 lations. The U.S. Commission on Civil Rights TION ACT OF 1997 Mr. TOWNS. Mr. Speaker, I rise today to in- needs the data to monitor discrimination form my colleagues of a letter to President based on national origin. HON. WILLIAM F. GOODLING Clinton expressing the deep concern of mem- Beyond the federal government, the largest OF PENNSYLVANIA bers about the Croatian government's authori- non-federal users of long form information are IN THE HOUSE OF REPRESENTATIVES tarian and non-democratic actions. Because local governments. The National Association the United States is sending financial aid to of Counties adopted a resolution calling for a Tuesday, March 17, 1998 Croatia we must monitor the situation. I am in- census long form ``to provide the useful demo- Mr. GOODLING. Mr. Speaker, I rise today serting a copy of this letter along with a trans- graphic information necessary to guide our to join my colleague from California, Mr. lation of a related March 13, 1998 Voice of country into the 21st century.'' In addition, MCKEON, in introducing the College Tuition America boardcast. state, county, and municipal agencies; edu- Reduction and Information Act. CONGRESS OF THE UNITED STATES cators and human service providers; research- In today's technology and information based Washington, DC 20515 ers; and political leaders all rely long form economy, getting a high quality postsecondary Hon. WILLIAM JEFFERSON CLINTON, data. Members of Congress depend on accu- education is more important than ever. For President of the United States, rate information. The questions on the long many Americans, it will be the key to the The White House, Washington, DC. DEAR MR. PRESIDENT: We are writing to ex- form give us insight into our communities, our American dream. Historically, higher education press our deep concern regarding the Cro- transportation and infrastructure, our housing, prices have increased at roughly the rate of in- atian government’s continued pattern of in- and our ethnic constituencies. flation. However, since the early 1980's, col- tolerance toward the basic freedoms of polit- The private sector is a secondary, but im- lege tuition has spiraled at a rate of two-to- ical expression, a free press, and civil lib- portant, beneficiary of long form data. Census three times that of inflation every year. Ac- erties. While we expected that the transition E400 CONGRESSIONAL RECORD — Extensions of Remarks March 17, 1998 from a former communist republic to a de- media must be allowed to report without favored by the ruling party. And the judicial mocracy would not happen overnight, it has fear of reprisal, and the judiciary must be system continues to be heavily influenced by been seven years since Croatia declared itself independent from any political influence. We the ruling party. The U.S. Congressmen cited an independent democratic nation, and little therefore urge you to increase the pressure the dismissal of Krunislav Olujic, the Presi- progress has been made in implementing on the Croatian government to come in line dent of the Supreme Court of Croatia and re- democratic reforms. This was recently re- with internationally recognized democratic ferred to the report of OSCE that Olujic’s affirmed by the State Department’s Country principles through all means at your dis- dismissal put in question the separation of Reports on Human Rights Practices for 1997. posal, including the disbursement of U.S. as- powers provided for the Constitution. In its report, the State Department makes sistance. SEVEN YEARS SINCE INDEPENDENCE, THE RE- the finding that in Croatia ‘‘the continuing Sincerely, PUBLIC OF CROATIA HAS MADE VERY LITTLE concentration of power within the one-party Tom Lantos, Tom Campbell, Tony P. PROGRESS TOWARD DEVELOPING DEMOCRACY central government, makes Croatia’s nomi- Hall, John Edward Porter, Martin nally democratic system in reality authori- Frost, Henry J. Hyde, Benjamin A. Gil- The American Congressmen wrote the tarian.’’ man, Luise V. Gutierrez, William O. Li- American President that while they had not Most print and broadcast media continue pinski, Edolphus Towns, Jesse L. Jack- expected that democracy would happen over- to be owned by the Croatian government re- son Jr., Joel Hefley. night in a former communist republic, they sulting in considerable restriction on free- found it regrettable the Republic of Croatia dom of the press. Journalists who criticize has made very little progress toward democ- the government face harassment and even VOICE OF AMERICA—AMERICAN CONGRESSMEN racy development in the last seven years. prosecution. the Association of Electronic REQUEST OF PRESIDENT CLINTON THAT HE They urged President Clinton to increase Media Journalists was established in October INCREASE THE PRESSURE ON THE REPUBLIC pressure on the Croatian government to 1997, and issued a manifesto (‘‘Forum 21’’) OF CROATIA TO BECOME A DEMOCRATIC carry out several demands: first, that Cro- with 21 points calling for professional and COUNTRY atia should hold fair and free elections based open electronic media. The State Depart- (By Bojan Klima) on election laws which do not favor the rul- ment found ‘‘13 of members who worked for A group of very influential American Con- ing party over the opposition; second, the state radio and television, came under imme- gressmen recently sent a letter to President government must return democratically- diate pressure and threats from the HDZ Bill Clinton and submitted a resolution to elected leaders of Parliamentary parties who [President Tudjman’s party] and the state- the U.S. Congress. The lawmakers wanted to were removed by administrative measures; run media to curtail these outside activi- increase the pressure on the Croatian gov- third, their must be multi-party control of ties.’’ The State Department further re- ernment to come in line with fundamental the election process; and fourth that journal- ported ‘‘The Government maintained an un- democratic principles. The Congressmen ists and judges must be allowed to function official campaign of harassment of the inde- urged the American President that he use all without fear of reprisal or political repres- pendent media throughout the year.’’ means at his disposal, including disburse- sion. Finally, these very influential Amer- In August 1997, the Croatian government ment of U.S. assistance. Among the many ican Congressmen requested of President brought charges against two prominent distinguished cosponsors and signatures are Clinton that he increase the pressure on the human rights activists, Ivan Cicak, long- influential Benjamin Gilman, Chairman of Croatian government to come in line with time President of the Croatian Helsinki the International Relations Committee, Con- internationally-recognized democratic prin- Committee, and politician Dobroslav Paraga, gressman Tom Lantos, a member of this ciples. The Congressmen requested that President of the Croatian Party of Rights Committee, and Congressman Henry Hyde. President Clinton use all means at his dis- 1861. The government alleged that both men What is the reason for this contact with posal, including U.S. economic assistance. had violated the Criminal Code by dissemi- President Clinton? nating false information with the intent of INTOLERANCE TOWARD FUNDAMENTAL f causing political instability in the country. POLITICAL FREEDOMS According to the State Department Report, The lawmakers expressed deep concern re- SUPPORT GROWS FOR CREDIT ‘‘. . . the same and similar statements had garding the Croatian government’s contin- UNIONS been made by these individuals—with no en- ued pattern of intolerance toward the basic suing public disorder—several years pre- freedoms of political expression. In these viously and that similar sentiments were ex- documents the Congressmen spoke of free- HON. PAUL E. KANJORSKI pressed by others.’’ The charges were dom of expression, freedom of media and sev- OF PENNSYLVANIA brought against these men within days of eral violations against civil rights of individ- their meeting with the investigators from uals. For example, they wrote that the gov- HON. STEVE C. LaTOURETTE The Hague War Crimes Tribunal in which ernment has control of most of the elec- OF OHIO they turned over documentation involving tronic and print media. Journalists who allegations against several high government criticize the government face harassment IN THE HOUSE OF REPRESENTATIVES officials. and even persecution. One example, the In addition, the Organization for Security Tuesday, March 17, 1998 American State Department found thirteen and Cooperation in Europe (OSCE) found the journalist, who worked for State radio and presidential election in June of 1997 to be Mr. KANJORSKI. Mr. Speaker, my col- television and who are members of Forum 21, ‘‘fundamentally flawed’’ and came to a simi- league, Mr. LATOURETTE and I wish to state received pressure and threats because they lar conclusion with regards to the par- that support for H.R. 1151, the Credit Union are members of this independent group. liamentary and local elections in April 1997. Membership Access Act, continues to grow. The President’s ruling party was given an MEDIA IS UNDER THE CONTROL OF THE GOVERN- Below are ten of the more than 100 editorials MENT; CASES CICAK, PARAGA AND OLUJIC overwhelming advantage in coverage by the from newspapers all across our nation which state-owned electronic media throughout the In the letter to the President the U.S. Con- gressmen quoted two cases, Ivan Cicak and support giving consumers the right to chose a election year. Furthermore, there is a dis- non-profit, cooperative, credit union for their fi- turbing trend over the past few years by the Dobroslav Paraga, who were charged in Au- Croatian government to use administrative gust for violating the Criminal Code by dis- nancial services. courts to replace heads of democratically seminating false information with the inten- Surveys have consistently shown that con- elected parties. The method is simple, the tion of causing political instability in the sumers strongly support the value and serv- party is registered as being headed by some- country. The Congressmen wrote in the let- ices they receive from their credit unions. That one who is favored by the ruling party. ter to President Clinton that charges were is why the Consumer Federation of America brought against these men within days of The judicial system continues to be heav- endorses H.R. 1151, the Credit Union Mem- ily influenced by the Croatian Administra- their meeting with investigators from the tion. In 1997, the Chief Justice of the Su- Hague War Crimes Tribunal to whom they bership Access Act. preme Court, Krunislaw Olujic, was dis- had turned over documentation involving al- A bipartisan group of more than 190 Mem- missed. Three members of the State Judici- legations against several high government bers from all regions of our country, and all ary Council were witnesses against him officials. U.S. lawmakers quoted some other parts of the political spectrum, are now co- while at the same time they also decided his examples of the non-democratic nature of sponsoring the Credit Union Membership Ac- fate. The OSCE reported that Olujic’s dismis- the political system in the Republic of Cro- cess Act. We should pass it quickly so that atia. Media presentation of the electorial sal ‘‘put in question the separation of powers credit unions can stop worrying about their fu- provided for by the Constitution.’’ campaign during the last presidential elec- Mr. President, we believe it is well past the tion was so non-objective that the Organiza- ture and return to serving their members. time for Croatia to hold fair and free elec- tion for Security and Cooperation in Europe [From the USA Today, Mar. 4, 1998] tions based on election laws which do not (OSCE) proclaimed the election ‘‘unfair.’’ favor the ruling party over the opposition. Furthermore, there is a disturbing trend by COURTS SLAP AT CREDIT UNIONS HURTS The government should return democrat- the Croatian government to use administra- CONSUMERS ically elected leaders of Parliamentary par- tive courts to replace heads of democrat- Consumers seeking bank services want low ties who were removed by administrative ically-elected parties. Instead of the demo- costs, higher returns and convenience. Last measures. There must be multi-party control cratically-elected heads, the party is reg- week, the Supreme Court struck a blow of the election process. An independent istered as being headed by someone who is against all three. March 17, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E401 In deciding by a 5 4 vote that multiem- companies join credit unions chartered by us believe. According to the New Jersey ployer credit unions were, in effect, illegal, larger ones and allowed credit unions at Credit Union League, the assets of the aver- the court put a halt to credit unions’ rapid downsized companies to diversify to stay in age commercial bank are nearly 30 times growth, up 12 million members since 1990. business. that of a credit union. And if people are opt- Current multiemployer credit unions are Federally chartered credit unions date ing for credit unions instead of banks, it’s expected to be allowed to continue. But the back to the Depression, when banks were un- because of the lower fees and interest rates. ruling threatens to reduce competition for willing or unable to make small loans to A study by the Consumer Federation of banks by preventing millions of other Ameri- workers. And consumers still want and need America showed that credit union fees are cans from joining them. a choice beyond conventional banks, which about 40 percent lower than bank fees. Nonprofit credit unions are mostly hardly put out the welcome mat for small That’s a problem banks can address without employer sponsored and employee run. To accounts. squashing credit unions. Changing the law to be financially viable, each needs 500 mem- The original Federal Credit Union Act of allow credit unions to continue to expand bers—more than most small businesses have. 1934 said members must be part of ‘‘groups memberships within reason would be a vic- If they can’t jointly sponsor credit unions, having a common bond of occupation of asso- tory for consumers. their workers must do without. ciation’’ such as employment in the same This suits bankers fine. They claim credit company or membership in the same church. [From the Birmingham Post-Herald, May 7, unions offer higher interest on savings and After regulators relaxed the rules, banks 1997] lower rates on loans because they don’t pay mounted court challenges claiming that income taxes. That’s OK, they said, if mem- credit unions were building conglomerates GIVING CREDIT TO CREDIT UNIONS bership is strictly limited. But opening cred- and had unfair tax advantages as nonprofit Credit unions, which have been helping it unions to a wide array of people, as multi- corporations. people with their financial needs for more employer ones do, damages banks and robs Anticipating the Supreme Court’s ruling, than six decades, are themselves in need taxpayers, they argue. credit unions have been at work in Washing- now. They need to win a legal fight and, fail- There’s only one problem with that reason- ton on legislation to change the law to ease ing that, they need some political help from ing. History shows it to be false. its restrictions on membership. Attention is Congress. If they don’t get it, the credit Federal regulators urged small credit focusing on HR 1151, a bipartisan bill intro- unions themselves may no longer be avail- unions to merge 15 years ago to prevent duced by Rep. Paul E. Kanjorski (D-Pa.) and able for millions when they come knocking, them for going under, which could have hit Rep. Steven C. LaTourette (R-Ohio— that and American consumers, especially those of taxpayers the way savings and loan failures has 136 co-sponsors. Committee hearings on modest means, will have reason to grieve. did. And despite their rapid growth since, credit union membership begin week after Congress established credit unions as non- they’ve hardly hurt banks. next. profit cooperatives in 1934 chiefly for poorer Credit unions’ share of the nation’s finan- What lawmakers will hear is that credit people left out of the loop by banks. It re- cial assets is struck at 2%. Only 1% of their unions have attracted 71 million customers quired that members have a ‘‘common loans go to commercial ventures, where because of lower fees, fast emergency loans bond,’’ such as being employees of the same banks make their big money. And even in and better rates on loans and savings. Credit company. consumer lending, at which credit unions unions hardly pose a threat to banks, which, excel, they haven’t made big inroads. A fed- according to LaTourette, hold 93% of all sav- The formula worked fine until the late eral study last year found banks’ share of ings and deposits and 94% of all loans. Con- 1970s, when the disappearance of large manu- family debt climbed from 29% to 35% be- sumers deserve alternatives; credit union facturing plants and other economic changes tween 1988 and 1996 while the share owed membership restrictions should be amended. began robbing the credit unions of members. credit unions rose from a mere 3.3% to hard- A federal agency then said a credit union ly awesome 4.2%. [From The Record, Mar. 2, 1998] could include a multitude of groups in its membership in order to maintain a suffi- Meanwhile, bank profits are at record SUPPORT FOR CREDIT UNIONS highs, with fee income rocketing. ciently large operational base. In ruling in favor of the banking industry Those fees, on everything from counter The commercial banks yelped. What’s in its fight to stop credit unions from ex- service to ATMs, added $50 billion to banks’ more, they sued. They maintained that the panding, the U.S. Supreme Court probably bottom lines last year. Banks say they’re federal agency, The National Credit Union made the right legal decision last week. needed to cover the $250 annual cost of main- Administration, had misconstrued the law But Congress should write into law the taining an account. But they’re also high and a federal judge said the commercial practices invalidated by the court. Credit enough to force 13% of families out of banks banks were right. The Supreme Court has unions offer consumers choice and affordable and into the hands of costly check cashing agreed to hear the case either late this year services, and they encourage people to save outlets and pawnshops. or early next. who probably wouldn’t otherwise. That’s Even professionally managed credit unions If the high court concurs with lower court good for everyone. still have policies set by member elected rulings, some 10 million people will no longer By a 5–4 vote, the court ruled that the fed- volunteer boards. They strive to keep serv- be members of credit unions, and millions eral government went too far in 1982 when it ices affordable, so fees average 40% below more may never get the chance. allowed federally chartered credit unions to those of banks. At most, people eligible to recruit members who weren’t linked by occu- That would be a shame because credit enroll can open accounts with $25 or less. Try pation or location. The 1934 federal law that unions normally pay higher rates of return doing that at a bank. authorized credit unions had limited their on deposits and charge less interest on loans Congress recognizes the need. It is consid- membership to groups with a ‘‘common than banks. They tend to be easy and friend- ering legislation to preserve that access. bond.’’ ly to deal with, partly because the directors Doing so won’t hurt banks. It will cost tax- Justice Clarence Thomas wrote that the are likely to be the consumer’s fellow work- payers nothing. It only ensure consumers government’s interpretation of the law made ers. have the choices they deserve. it permissible ‘‘to grant a charter to a con- Banks say the competition from the credit glomerate credit union whose members unions is unfair because they don’t pay [From the Los Angeles Times Editorials, would include the employees of every com- taxes. It’s true that as nonprofit organiza- Feb. 27, 1998] pany in the United States.’’ That wasn’t the tions the credit unions don’t have profits to NEW CREDIT UNION LAW NEEDED intent of the law. pay taxes on. Their members do pay income There are a lot of angry members of credit But now that the court has ruled against taxes on any dividends. unions across the country, grousing with credit unions, the situation for 20 million If the credit unions lose in court, Congress good reason about the Supreme Court’s deci- customers who joined after the government could quickly come to the rescue with just a sion to restore limits on who can join these relaxed membership requirements is uncer- slight change in the 1934 law’s wording about nonprofit cooperatives. Going back to a tain. ‘‘common bonds.’’ There is some bipartisan strict reading of an old law, the court ruled Federal lawmakers can end this limbo with support for the amendment, though not ex- 5 to 4 that credit union members must be in- legislation allowing credit unions to con- actly a groundswell yet. You would think, at dividuals within a single company, commu- tinue to operate under the more flexible first blush, that there would be more inter- nity or occupation. rules established by Washington. est. After all, 70 million Americans belong to Congress needs to act to reverse the ruling, Such a move has bipartisan support, but credit unions, and that’s a lot of voters. a major setback for credit unions although don’t expect the powerful banking lobbyists It’s possible, of course, that another num- there will be no immediate effect on current to lie down and allow it to become law. ber speaks more loudly in the legislative ear: members. The organizations have greatly ex- Banks complain the credit unions are com- 4.4 trillion, which is the accumulation of dol- panded their memberships since 1982 when petitors who are allowed to play by a dif- lars the banks have in assets, and more than federal regulators relaxed the membership ferent set of rules. Credit unions don’t have 12 times the assets of credit unions. The rules to allow a credit union to accept indi- to pay federal taxes or abide by fair-lending banks would not seem to be at much of a dis- viduals from outside the group it was origi- laws. advantage economically, after all, although nally chartered to serve. This ‘‘multiple But credit unions aren’t as much of a the credit unions may be at a disadvantage group’’ policy helped employees of small threat as the banking industry would have politically. E402 CONGRESSIONAL RECORD — Extensions of Remarks March 17, 1998 [From the Wilmington Morning Star, Feb. Healthy credit unions are vital for consum- Bankers sued the credit unions to stop that 28, 1998] ers in an era when America’s over-consoli- practice, saying the 1934 law was being GIVE SOME CREDIT WHERE IT’S NEEDED dating banks are gouging their customers stretched too far. The Supreme Court agreed About 650,000 Tar Heels are members of with ever-higher fees—and when job growth that membership should be restricted under credit unions. A Wednesday ruling by the is fastest at businesses that employ fewer existing law. U.S. Supreme Court threatens to take away than 50 workers each. Such businesses obvi- Congress can ensure the continued health some of their choices and force them to pay ously lack the critical mass to sustain a of credit unions by updating the law to fit more for financial services. credit union all by themselves. Yet courts today’s economy, with its profusion of small The fight now shifts to Congress, where are concerned with what the law says, not businesses. Bankers oppose the bill, saying support is building to protect credit unions with how an interpretation might affect the credit unions have an unfair advantage be- from being overwhelmed by big banks. marketplace. cause of exemptions. But credit unions don’t Credit unions got started during the De- So it’s therefore hard to fault this ruling pay federal income taxes because they don’t pression, when some banks refused to lend on legal grounds. Indeed, the 5–4 majority generate income; they are simply groups of money to many Americans, particularly joining in Justice Clarence Thomas’s major- people pooling funds to help one another. those of modest means. ity opinion cut across the court’s usual ideo- By allowing credit unions to continue to As Justice Sandra Day O’Connor put it in logical fault-line to include Justice Ruth grow, Congress can help the ‘‘little guy’’ a dissent to the court’s ruling in this case, Bader Ginsburg, a Clinton appointee. And combat rising bank fees, high loan rates and ‘‘Credit unions were believed to enable the the dissenters merely argued that the banks occasionally rude service. general public which had largely been ig- had lacked the standing to sue. nored by banks, to obtain credit at reason- Although the court decided who won this [From the Boston Globe, Mar. 2, 1998] able rates.’’ battle, Congress and the states will decide WHERE CREDIT IS DUE who wins the war. On Capitol Hill, House Federal regulators in 1982 allowed many Congress owes American consumers swift Speaker Newt Gingrich is pushing a bill to credit unions to expand their memberships action to reverse the effect of a Supreme let credit unions do what the court’s ruling beyond the original employees or associa- Court decision potentially restricting access says the anachronistic 1934 law won’t let tions that they were established to serve. to credit unions. Credit unions, beyond pro- them do. It is that expansion that bankers chal- viding direct services to ordinary savers and Meanwhile, in the state capitals where fed- lenged in this lawsuit which arose in North borrowers, perform a valuable function for erally chartered credit unions have been re- Carolina. everyone with competitive deposit and loan The banks claim credit unions have an un- chartering with state regulators, the banks rates that would be diminished were the de- fair advantage, because they are exempt and credit unions will be slugging it out cision’s effects to stand for long. from federal taxes and have grown to offer a again on membership rules and, in some The court’s 5–4 decision was based on a wide range of financial services that make states, on taxation issues. strict reading of federal enabling statutes many larger credit unions virtually indistin- How these battles turn out will be an inter- that govern eligibility for joining credit guishable from banks. esting test of whether a broad interest favor- unions. The law stipulates that credit unions Credit unions reply that they must be al- able to lots of voters—the credit unions—can may serve groups of people with common lowed to grow as they compete with bigger defeat a powerful banking lobby that pro- bonds of association or occupation, but regu- banks for customers. And credit unions still vides lots of politicians with wads of cam- lators have permitted very loose interpreta- offer incentives to customers with smaller paign cash. tion of what constitutes that commonality. amounts—the types of customers many of This loose interpretation has, in turn, per- the growing mega-banks shun by charging [From the Atlanta Constitution] mitted growth of credit unions that are es- them higher fees and interest rates. KEEP CREDIT UNIONS STRONG After winning in the Supreme Court, the sentially indistinguishable from ordinary House Speaker Newt Gingrich (R–Ga.) has banks in their depositor and borrower cus- banking industry said it only wants to pre- decided to join some 160 cosponsors of a bill vent future expansion of credit unions and tomer profiles. to strengthen credit unions, adding impor- Despite expansion, credit unions are won’t try to force current members out. But tant momentum to congressional efforts to scarcely a dominant force in banking, having since many credit unions have a large turn- overturn a Supreme Court ruling favoring only 6 percent of assets even though the over in customers, the need a steady flow of banks over financial cooperatives. number of individual credit unions—11,591— new customers to survive. The bill embraced by Gingrich would allow slightly exceeds the number of commercial The decision was barely filed before lobby- federally chartered credit unions to continue ing began for a bill already prepared in Con- and savings banks. to include diverse groups in their member- The history of the credit union movement, gress. ships. Last week, the Supreme Court ruled 5- It would change the 1934 law that created in which Massachusetts has played a leading 4 that only a single group with a ‘‘common role, dates to a time when conventional credit unions, allowing them to include bond’’ can form a credit union. In other members from several businesses or associa- banking practices were far less accommodat- words, a credit union would no longer be al- ing to potential customers with limited tions, instead of just one. lowed to welcome employees from several There seems no other way to preserve fi- means. Credit was often difficult to get, and different companies. even depositors might be dismissed as trivial nancial institutions that have helped so That ruling could represent a significant nuisances. In that world, the development of many families of modest means. financial setback for the 62 million Ameri- credit unions played an important role in cans who depend on the nonprofit coopera- providing financial services to groups that [From the Miami Herald, Feb. 28, 1998] tives for low-cost loans and other banking might otherwise have been left out. BANKING ON LAWMAKERS services. The need for credit unions has More recently, credit unions have taken on In the latest battle between banks and grown as banks continue to merge and en- the trappings of conventional banks and credit unions, the banks won and consumers large themselves, leaving many consumers have competed successfully with savings lost. A divided U.S. Supreme Court ruled this facing higher fees and less personalized serv- banks and savings and loan associations. Too week that a federal agency erred in 1982 ice. successfully, some bankers say, blaming the when its broad interpretation of a 1934 law Because credit unions do not generate prof- tax advantages some credit unions enjoy—an let credit unions substantially expand their its for shareholders, they can pass along issue that also needs addressing. membership. earnings to members in the form of better For now Congress can avoid confusion and Granted, the law’s language seems vague rates and services. Although credit unions unnecessary dislocation by authorizing what enough to lend itself to varied interpreta- make up less than 6 percent of the consumer has become a financial reality: Credit unions tions. It says that federally chartered credit financial-services market, they put enough are significant and valued players in a vital unions’ membership shall be limited to pressure on banks to help hold down fees for field. groups having a common bond of occupation everyone. of association, or to groups within a well-de- When credit unions were created by federal [From the Startribune, Mar. 9, 1998] fined neighborhood, community, or rural dis- law in 1934, members generally shared a trict.’’ ‘‘common bond,’’ such as employment in a CREDIT UNIONS—CONSUMERS DESERVE Construed liberally, a ‘‘common bond large factory. But in recent years, sprawling GREATER ACCESS of . . . association’’ could even be inter- factories have been closing, leaving more The American Bankers Association won a preted to include persons freely associating people employed by small companies. In round against the little guys last month in order to open a credit union. For years, Georgia, for example, 62 percent of the peo- when the U.S. Supreme Court ruled that fed- though, most credit unions were restricted ple employed in the private sector work for eral regulators have made it too easy for the to employees of a single firm or to members companies with fewer than 500 employees. nation’s credit unions to expand and com- of a single labor union. But a credit union needs at least 500 mem- pete with the Citibanks of the world. You In 1982, however, the national Credit Union bers to generate sufficient business to cover can’t fault the justices; they read existing Administration sensibly ruled that credit costs. The only way to survive is to have one law correctly. unions could accept members from multiple union serve the employees of several small But this week, Congress will take up legis- employers. The ruling helped credit unions companies, a move that the National Credit lation to rewrite the law and restore a broad- expand. Union Administration has allowed since 1982. er customer base for credit unions. That March 17, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E403 would serve the nation’s consumers and in- [From the Chicago Tribune, Apr. 28, 1997] financed their cottages through their own vigorate competition in the nation’s finan- CONSUMERS WILL BE THE BIG LOSERS IN S&L. So when the opportunity arose to pull cial markets. BANKS’ ATTACK OF CREDIT UNIONS the plug on the little people (after Uncle Bai- At issue is a concept called ‘‘field of mem- (By John McCarron) ley misplaced a bank payment) the greedy bership.’’ When Congress created credit Mr. Potter moved in for the foreclosure kill. unions in 1934, it gave consumers the power God bless the Navy Federal Credit Union. to band together and form low-cost alter- If it wasn’t for the credit union, I couldn’t Capra’s populist allegory was heavy-hand- natives to banks. But Congress said such have bought that used Toyota Corona back ed, to be sure, the product of Depression era groups must have a common bond, such as in 1971. And if it wasn’t for that Toyota, angst over the lot of working people. The working for the same employer. In 1982 the things might not have turned out so well. movie’s plot seems outdated now that so Back then, my new bride needed a car so federal agency that regulates credit unions, many of us are middle-class with stock port- she could move out of her parents’ house in the National Credit Union Administration, folios of our own. New Jersey and take a ‘‘dream’’ job as a vis- greatly expanded that concept, allowing a But guess what? The spirit of Mr. Potter is iting nurse near Newport, R.I., where my oil credit union to combine multiple employers alive and well. It throbs within the silk suits tanker was based. We were a year out of col- or communities within a field of member- of American Bankers Association, which is lege with no savings and a credit sheet full of ship. Today, about half of federally chartered on a crusade to stop the growth of my NFCU credit unions have these conglomerate mem- outstanding student loans. That didn’t bother the Navy Federal Credit and the 12,000 other member-owned credit berships. Some, like the IBM Employees Union. It was used to lending money to unions in these United States. Credit Union in Rochester, Minn., have tens freshly-minted ensigns with strange-sound- Turns out more and more consumers are of thousands of members. It was this policy ing addresses like: ‘‘USS Mississinewa (AO– discovering it pays to save and borrow at that the Supreme Court struck down last 144), FPO, New York.’’ And the office work- their own co-ops rather than at banks that month. But there was good reason for the NCUA to ers knew exactly where to find the union’s need to churn out profits for stockholders loosen the reins on credit unions. The finan- members. They also knew, what with so and big salaries for bank officers. Even cial squeeze that swept across America in many shipmates belonging to the same cred- though they hold 93 percent of all the na- the early 1980s restructured the U.S. econ- it union, from the captain to the cook, that tion’s savings, bankers say they are ‘‘con- omy, wiping out many of the venerable mid- for a junior officer to default on a loan would cerned’’ about the growth of credit union sized manufacturers that had sustained cred- be, well, not a good career move. More like membership. it unions. Meanwhile, a new industry of a keel-hauling offense. So the ABA has been suing the federal So NFCU okayed that thousand bucks by micro-service firms sprang up, with the re- agency that regulates credit unions, claim- phone, right there at the car dealership, and sult that the average size of American em- ing the unions ought to confine their mem- my new bride and I drove off to our new ca- ployers has shrunk and shrunk. Today, fewer bership to savers with a single ‘‘common reers, wedded bliss, kids, a mortgage and all than half of Americans work at companies bond’’ (like employment in the Navy.) In an the rest. big enough to sustain credit unions on their era of rapid consolidation among all types of Truth be told, we haven’t borrowed much own. They simply have no access to this at- lenders, they especially want to stop larger from our credit union since those early tractive financial alternative. credit unions from merging with smaller years. Except for our mortgage we’ve been If credit unions posed a genuine threat to ones whose members don’t have the same fortunate enough to avoid buying-on-time or banks, it might be right to go back to an bond. older set of rules. But they don’t. Although paying those unconscionable 18 percent bank they have some 70 million members, they credit card rates. Still we’re faithful ‘‘mem- The bankers argue that overly permissive represent scarcely 2 percent of the financial bers-owners’’ of the NFCU. I keep more than federal rules make it possible for the general services market—just enough to serve as a the minimum balance in our ‘‘share savings public to join credit unions. This is an out- good competitive check on banks in an era of account’’ for a couple of reasons. You never rage, they say, because unlike banks, credit rapid financial consolidation. know when you’ll need a competitively- unions don’t pay income taxes and therefore Bankers have a second gripe, which might priced consumer loan; and besides, I believe have an unfair competitive advantage. (An get attention from Congress. Credit unions in what credit unions stand for. $800 million ‘‘government subsidy,’’ accord- are exempt from the federal corporate in- And what they stand for, to my way of ing to ABA publicity materials.) come tax, and thus have a modest cost ad- thinking, is that people of modest means What the bankers don’t say is that credit vantage over banks. There is a rationale for have a right to form their own not-for-profit unions disburse virtually all their profits to this special tax status. Credit unions are cooperatives rather than do business with members in the form of dividends, which are, member-owned cooperatives that earn no for-profit companies owned by distant pow- in turn, taxed as personal income. profits and have no stockholders. But mod- ers-that-be. That’s also why I choose to in- ern credit unions resemble banks in other sure my house and car through a mutual in- Maybe that last point was lost on the fed- important respects; they’re professionally surance company and why I got my first eral appellate judges who last July over- run and highly computerized. It’s hard to mortgage from a savings and loan associa- turned lower-court rulings and sided with argue that they need what amounts to a sub- tion. And it’s why I was saddened when my the banks. If the Supreme Court concurs, sidy from taxpayers, especially at a time S&L was gobbled up—as so many have been— some 10 million credit unionists will see when Congress is trying to squeeze loopholes by a mega-bank that’s listed on the New their memberships voided. out of the tax code. York Stock Exchange and pays its CEO more Unless, of course, Congress amends the 1934 Credit unions aren’t for everybody. Many than $3.6 million a year in salary and bo- Federal Credit Union Act so as to liberalize consumers want the heft and convenience of nuses (not including stock options.) the definition of ‘‘common bond.’’ a full-service bank that offers a broad line of Then again, most people don’t care wheth- Which is precisely what Congress should loans, multiple branches and even invest- er their lender or insurer is mutual, co-op or do, though I’m not going to hold my breath. ment advice. But credit unions, with volun- stock. Likewise, most people probably think Money talks in Washington, and the $5 tril- teer management and no-frills infrastruc- Frank Capra’s ‘‘It’s a Wonderful Life,’’ was a lion banking industry talks louder than a ture, typically offer basic checking and lend- movie about Christmas, not the tension be- credit union sector one-sixteenth that size. ing services at more competitive fees and in- tween mutuals (George Bailey’s S&L) and terest rates. Choice is good in competitive for-profits (Mr. Potter’s commercial bank.) It’s a shame, because I don’t think Mr. markets, and this is a choice that should be Mr. Potter, you may recall, didn’t have Potter would have made that loan on our available to more Americans. much use for the dirty-fingernail types who used Toyota. Tuesday, March 17, 1998 Daily Digest Senate Accession of Poland, Hungary, and the Czech Re- Chamber Action public (Treaty Doc. 105–36), with seven declarations Routine Proceedings, pages S2083–S2146 and four conditions. Pages S2106±09, S2111±12 Measures Introduced: Twenty-two bills and three Nomination Confirmed: Senate confirmed the fol- resolutions were introduced, as follows: S. lowing nomination: By unanimous vote of 98 yeas 1768–1789, S. Res. 196 and 197, and S. Con. Res. (Vote No. 35 EX), Susan Graber, of Oregon, to be 84. Pages S2113±14 United States Circuit Judge for the Ninth Circuit. Measures Reported: Reports were made as follows: Pages S2095±96, S2146 S. 1768, making emergency supplemental appro- Messages From the House: Page S2113 priations for recovery from natural disasters, and for overseas peacekeeping efforts, for the fiscal year end- Statements on Introduced Bills: Pages S2114±35 ing September 30, 1998. (S. Rept. No. 105–168) Additional Cosponsors: Pages S2135±36 S. 1769, making supplemental appropriations for Amendments Submitted: Pages S2138±40 the International Monetary Fund for the fiscal year ending September 30, 1998. (S. Rept. No. 105–169) Notices of Hearings: Page S2140 Page S2113 Authority for Committees: Pages S2140±41 Measures Passed: Additional Statements: Pages S2141±44 Honoring Senator McCain/Vietnam POW’s: Sen- Record Votes: Two record votes were taken today. ate agreed to S. Res. 196, recognizing, and calling (Total—35) Pages S2094±95 on all Americans to recognize, the courage and sac- Adjournment: Senate convened at 10 a.m., and ad- rifice of Senator John McCain and the members of journed at 6:44 p.m., until 9 a.m., on Wednesday, the Armed Forces held as prisoners of war during March 18, 1998. (For Senate’s program, see the re- the Vietnam conflict and stating that the American marks of the Acting Majority Leader in today’s people will not forget that more than 2,000 mem- Record, on pages S2144–45.) bers of the Armed Forces remain unaccounted for from the Vietnam conflict and will continue to press for the fullest possible accounting for all such mem- Committee Meetings bers whose whereabouts are unknown. Pages S2109±11 (Committees not listed did not meet) Education Savings Act for Public and Private Schools—Cloture Vote: By 74 yeas to 24 nays AUTHORIZATION—CHILD NUTRITION (Vote No. 34), three-fifths of those Senators duly Committee on Agriculture, Nutrition, and Forestry: Com- chosen and sworn having voted in the affirmative, mittee concluded hearings on proposed legislation Senate agreed to close further debate on the motion authorizing funds for child nutrition programs, fo- to proceed to consideration of H.R. 2646, to amend cusing on the Special Supplemental Nutrition Pro- the Internal Revenue Code of 1986 to allow tax-free gram for Women, Infants and Children (WIC), after expenditures from education individual retirement receiving testimony from Shirley R. Watkins, Under accounts for elementary and secondary school ex- Secretary of Agriculture for Food, Nutrition and penses, and to increase the maximum annual amount Consumer Services; Robert A. Robinson, Director, of contributions to such accounts. Page S2094 Food and Agricultural Issues, Resources, Commu- A unanimous-consent agreement was reached pro- nity, and Economic Development Division, General viding for consideration of the bill on Wednesday, Accounting Office; Denise Ferris, National Associa- March 18, 1998. Page S2106 tion of WIC Directors, and Robert Greenstein, Cen- NATO Enlargement: Senate began consideration of ter on Budget and Policy Priorities, both of Wash- Protocols to the North Atlantic Treaty of 1949 on ington, D.C.; Joan Trendall, Marion County Health D248 March 17, 1998 CONGRESSIONAL RECORD — DAILY DIGEST D249 Department, Indianapolis, Indiana, on behalf of the Gen. John E. Rhodes, USMC, Commanding General, American Dietetic Association; Joseph Terrance Wil- Marine Corps Combat Development Command. liams, Wyoming State Electronic Benefits Transfer Subcommittee recessed subject to call. Program and Western Governor’s Association Health Passport Project, Cheyenne; and A.K. Hawley 1999 BUDGET Botchford, Harry Chapin Food Bank of Southwest Committee on the Budget: Committee began mark up Florida, Fort Myers. of a proposed concurrent resolution setting forth the SUPPLEMENTAL APPROPRIATIONS fiscal year 1999 budget for the Federal Government, Committee on Appropriations: Committee ordered favor- but did not complete action thereon, and will meet ably reported the following bills: again tomorrow. An original bill (S. 1768) making emergency sup- plemental appropriations for recovery from natural GLOBAL TOBACCO SETTLEMENT disasters, and for overseas peacekeeping efforts, for Committee on Commerce, Science, and Transportation: the fiscal year ending September 30, 1998; and Committee resumed hearings on proposed legislation An original bill (S. 1769) making supplemental to reform and restructure the processes by which to- appropriations for the International Monetary Fund bacco products are manufactured, marketed, and dis- for the fiscal year ending September 30, 1998. tributed, to prevent the use of tobacco products by APPROPRIATIONS—AGRICULTURE minors, and to redress the adverse health effects of Committee on Appropriations: Subcommittee on Agri- tobacco use, receiving testimony from Senator Jef- culture, Rural Development, and Related Agencies fords; William B. Schultz, Deputy Commissioner for held hearings on proposed budget estimates for fiscal Policy, and Mitchell Zeller, Associate Commissioner, year 1999, receiving testimony in behalf of their re- both of the Food and Drug Administration, and Mi- spective activities from Catherine Woteki, Under chael Eriksen, Director, Office on Smoking and Secretary, and Thomas J. Billy, Administrator, both Health, Centers for Disease Control and Prevention, of the Food Safety and Inspection Service, Michael both of the Department of Health and Human Serv- V. Dunn, Assistant Secretary, Marketing and Regu- ices; Joe Garagiola, Romano and Associates Inc., Co- latory Programs, and Terry L. Medley, Adminis- lumbia, Maryland, on behalf of Oral Health Amer- trator, Animal and Plant Health Inspection Service, ica; Gregory N. Connolly, Massachusetts Department all of the Department of Agriculture. of Public Health, Boston; and Richard H. Verheij, Subcommittee will meet again on Tuesday, March UST Inc., Washington, D.C., on behalf of United 24. States Tobacco Company. NOMINATIONS Hearings continue on Thursday, March 19. Committee on Armed Services: Committee concluded PRIVACY IN THE DIGITAL AGE hearings on the nominations of David R. Oliver, of Idaho, to be Deputy Under Secretary for Acquisition Committee on the Judiciary: Subcommittee on Constitu- and Technology, Sue Bailey, of Maryland, to be As- tion, Federalism, and Property Rights concluded sistant Secretary for Health Affairs, and Paul J. hearings to examine the use of encryption and man- Hoeper, of California, to be Assistant Secretary of datory access in digital communications, focusing on the Army for Research, Development and Acquisi- proposals to balance privacy rights with law enforce- tion, all of the Department of Defense, after the ment concerns, after receiving testimony from Rep- nominees testified and answered questions in their resentative Goodlatte; Robert S. Litt, Deputy Assist- own behalf. ant Attorney General, Department of Justice; James AUTHORIZATION—DEFENSE J. Fotis, Law Enforcement Alliance of America, Falls Church, Virginia; Thomas Parenty, SyBase, Inc., Committee on Armed Services: Subcommittee on Emeryville, California, Kathleen M. Sullivan, Stan- Seapower held hearings on proposed legislation au- ford Law School, Stanford, California, and Richard thorizing funds for fiscal year 1999 for the Depart- A. Epstein, University of Chicago Law School, Chi- ment of Defense and the future years defense pro- gram, focusing on ship acquisition, receiving testi- cago, Illinois, all on behalf of Americans for Com- mony from Jerry M. Hultin, Under Secretary of the puter Privacy; Bill Weidemann, RedCreek Commu- Navy; John W. Douglass, Assistant Secretary of the nications, Newark, California; Cindy A. Cohn, Navy for Research, Development and Acquisition; McGlashan and Sarrail, San Mateo, California; and Vice Adm. Conrad C. Lautenbacher, Jr., USN, Dep- Tim D. Casey, MCI Communications, Washington, uty Chief of Naval Operations for Resources; Lt. D.C. D250 CONGRESSIONAL RECORD — DAILY DIGEST March 17, 1998 CRITICAL INFRASTRUCTURE PROTECTION Society of Pension Actuaries; John M. Kimpel, Fidel- Committee on the Judiciary: Subcommittee on Tech- ity Investments, Boston, Massachusetts, on behalf of nology, Terrorism, and Government Information re- the U.S. Chamber of Commerce; Joseph S. Perkins, sumed hearings to examine the need for a national American Association of Retired Persons, Danvers, strategy and policies to protect the critical infra- Massachusetts; Michael Calabrese, Center for Na- structures of the United States, receiving testimony tional Policy, Washington, D.C., on behalf of the from former Senator Nunn and Jamie S. Gorelick, Pensions 2000 Committee; and Michael Garretson, each a Co-Chair of the Advisory Committee to the Milwaukee, Oregon, on behalf of the Institute of President’s Commission on Critical Infrastructure Electrical and Electronics Engineers-USA. Protection; and Lt. Gen. David J. Kelley, Director, Hearings were recessed subject to call. and Brig. Gen. James Hylton, Director of Oper- ations, both of the Defense Information Systems CHEMICAL AND BIOLOGICAL DEFENSE Agency, Department of Defense. Committee on Veterans Affairs: Committee concluded Hearings were recessed subject to call. hearings to examine the medical, chemical, and bio- RETIREMENT SECURITY logical warfare preparedness program of the Depart- Committee on Labor and Human Resources: Committee ment of Defense, focusing on lessons learned from held hearings to examine retirement security and the Persian Gulf War illnesses, after receiving testimony need for defined pension plans for American workers, from Bernard Rostker, Special Assistant to the Dep- focusing on S. 957, to establish a Pension ProSave uty Secretary for Gulf War Illnesses, and Gary A. system which improves the retirement income secu- Christopherson, Acting Assistant Secretary for rity of millions of American workers by encouraging Health Affairs, both of the Department of Defense; employers to make pension contributions on behalf Rear Adm. Michael L. Cowan, Deputy Director for of employees, by facilitating pension portability, by Medical Readiness, Joint Staff; Randolph F. Wykoff, preserving and increasing retirement savings, and by Associate Commissioner for Operations, Food and simplifying pension law, receiving testimony from Drug Administration, Department of Health and Representative Pomeroy; David M. Strauss, Execu- Human Services; Mark E. Gebicke, Director, Mili- tive Director, Pension Benefit Guaranty Corporation; tary Operations and Capabilities Issues, National Se- Ron E. Merolli, National Life of Vermont, Montpe- curity and International Affairs Division, General lier; James E. Turpin, Turpin and Associates, Albu- Accounting Office; and Melissa A. McDiarmid, Uni- querque, New Mexico, on behalf of the American versity of Maryland School of Medicine, Baltimore. h House of Representatives H.R. 3039, to amend title 38, United States Chamber Action Code, to authorize the Secretary of Veterans Affairs Bills Introduced: 16 public bills, H.R. 3467–3482; to guarantee loans to provide multifamily transi- 1 private bill, H.R. 3483; and 5 resolutions, H. tional housing for homeless veterans, and, amended Con. Res. 244–246 and H. Res. 386–387, were in- (H. Rept. 105–447); troduced. Pages H1235±36 H.R. 3213, to amend title 38, United States Reports Filed: Reports were filed as follows: Code, to clarify enforcement of veterans’ employment H.R. 2864, to require the Secretary of Labor to rights with respect to a State as an employer or a establish a program under which employers may private employer, to extend veterans’ employment consult with State officials respecting compliance and reemployment rights to members of the uni- with occupational safety and health requirements, formed services employed abroad by United States amended (H. Rept. 105–444); companies, amended (H. Rept. 105–448); H.R. 2877, to amend the Occupational Safety and H. Res. 388 providing for consideration of H.R. Health Act of 1970, amended (H. Rept. 105–445); 2870, to amend the Foreign Assistance Act of 1961 H.R. 3096, to correct a provision relating to ter- to facilitate protection of tropical forests through mination of benefits for convicted persons, amended debt reduction with developing countries with tropi- (H. Rept. 105–446); cal forests (H. Rept. 105–449); and March 17, 1998 CONGRESSIONAL RECORD — DAILY DIGEST D251 H.R. 3412, to amend and make technical correc- Northern Ireland should condemn violence and fully tions in title III of the Small Business Investment integrate internationally recognized human rights Act, amended (H. Rept. 105–450). Page H1235 standards and adequately address outstanding human Speaker Pro Tempore: Read a letter from the rights violations as part of the peace process; and Speaker wherein he designated Representative Hob- Pages H1196±H1201 son to act as Speaker pro tempore for today. Repression in Kosova: H. Con. Res. 235, amend- Page H1169 ed, calling for an end to the violent repression of the Journal: The House agreed to the Speaker’s approval legitimate rights of the people of Kosova. of the Journal of Monday, March 16 by a yea and Pages H1201±06 nay vote of 359 yeas to 38 nays, Roll No. 54. Member Sworn: Representative-elect Lois Capps Pages H1173, H1207 presented herself in the well of the House and was Recess: The House recessed at 1:07 p.m. and recon- administered the oath of office by Speaker pro tem- vened at 2:00 p.m. Page H1173 pore Armey. Pages H1207±08 Electing Speaker Pro Tempore: The House agreed Quorum Calls—Votes: Three yea and nay votes de- to H. Res. 386, electing the Honorable Richard K. veloped during the proceedings of the House today Armey of Texas to act as Speaker pro tempore dur- and appear on pagess H1207, H1208–09, and ing the absence of the Speaker. Page H1173 H1209–10. There were no quorum calls. Suspensions: The House agreed to suspend the rules Adjournment: Met at 12:30 p.m. and adjourned at and pass the following measures: 9:50 p.m. OSHA Compliance Assistance Authorization Act: H.R. 2864, amended, to require the Secretary Committee Meetings of Labor to establish a program under which em- AGRICULTURE, RURAL DEVELOPMENT, ployers may consult with State officials respecting FDA, AND RELATED AGENCIES compliance with occupational safety and health re- APPROPRIATIONS quirements; Pages H1176±77 Committee on Appropriations: Subcommittee on Agri- OSHA Act of 1970 Amendment: H.R. 2877, culture, Rural Development, Food and Drug Admin- amended, to amend the Occupational Safety and istration, and Related Agencies held a hearing on Health Act of 1970; Pages H1177±79 Natural Resources and Environment. Testimony was National Race for the Cure: H. Con. Res. 238, heard from the following officials of the USDA: amended, authorizing the use of the Capitol Grounds James R. Lyons, Under Secretary, Natural Resources for a breast cancer survivors event sponsored by the and Environment; Pearlie S. Reed, Chief, Lawrence National Race for the Cure; Pages H1179±81 E. Clark, Deputy Chief, Programs, and Fee Busby, Human Rights in China: H. Res. 364, amended, Deputy Chief, Science and Technology, all with the urging the introduction and passage of a resolution Natural Resources Conservation Service; and Stephen on the human rights situation in the People’s Re- B. Dewhurst, Budget Officer. public of China at the 54th Session of the United ENERGY AND WATER DEVELOPMENT Nations Commission on Human Rights (agreed to APPROPRIATIONS by a yea and nay vote of 397 yeas with none voting Committee on Appropriations: Subcommittee on Energy ‘‘nay’’, Roll No. 54 ); Pages H1181±92, H1208±09 and Water Development met in executive session to Democracy in Botswana: H. Res. 373, commend- hold a hearing on Atomic Energy Defense Activities. ing democracy in Botswana; and Pages H1192±93 Testimony was heard from the following officials of Elections in Cambodia: H. Res. 361, amended, the Department of Energy: Victor H. Reis, Assistant calling for free and impartial elections in Cambodia Secretary, Defense Programs; and Rose E. (agreed to by yea and nay vote of 393 yeas to 1 nay, Gottemoeller, Director, Office of Nonproliferation Roll No. 55). Pages H1193±96, H1209±10 and National Security. Suspensions—Votes Postponed: The House com- INTERIOR APPROPRIATIONS pleted debate and postponed votes until Wednesday, Committee on Appropriations: Subcommittee on Interior March 18 on the following suspensions: held a hearing on the Smithsonian and on the Bu- Human Rights in Northern Ireland: The House reau of Land Management. Testimony was heard completed general debate on H. Con. Res. 152, from I. Michael Hayman, Chairman, Smithsonian In- amended, expressing the sense of the Congress that stitution; and Patrick Shea, Director, Bureau of Land all parties to the multiparty peace talks regarding Management, Department of the Interior. D252 CONGRESSIONAL RECORD — DAILY DIGEST March 17, 1998 LABOR, HEALTH AND HUMAN SERVICES, FEDERAL EMPLOYEE HEALTH BENEFITS AND EDUCATION APPROPRIATIONS Committee on Government Reform and Oversight: Sub- Committee on Appropriations: Subcommittee on Labor, committee on Civil Service held a hearing on Federal Health and Human Services, and Education held a Employee Health Benefits: OPM Program Guidance hearing on the National Institute of Child Health for 1999. Testimony was heard from William E. and Human Development, the National Institute of Flynn, III, Associate Director, Retirement and Insur- Dental Research, the National Institute of Arthritis ance Services, OPM; and public witnesses. and Musculoskeletal and Skin Diseases and the Na- MISCELLANEOUS MEASURES tional Center for Research Resources. Testimony was heard from the following officials of the Department Committee on Government Reform and Oversight: Sub- of Health and Human Services: Duane Alexander, committee on National Economic Growth, Natural M.D., Director, National Institute of Child Health Resources, and Regulatory Affairs, approved for full and Human Development; Harold Slavkin, M.D., Committee action, amended, the following bills: Director, National Institute of Dental Research; Ste- H.R. 3310, Small Business Paperwork Reduction phen I. Katz, M.D., Director, National Institute of Act Amendments of 1998; and H.R. 1704, Congres- Arthritis and Musculoskeletal and Skin Diseases and sional Office of Regulatory Analysis Creation Act. Judith L. Vaitukaitis, M.D., Director, National Cen- Prior to this action, the Subcommittee held a ter for Research Resources. hearing on H.R. 3310. Testimony was heard from Emily Sheketoff, Deputy Assistant Secretary, Occu- NATIONAL SECURITY APPROPRIATIONS pational Safety and Health Administration, Depart- ment of Labor; Joseph Onek, Principal Deputy Asso- Committee on Appropriations: Subcommittee on Natural ciate Attorney General, Department of Justice; Brian Security met in executive session to hold a hearing J. Lane, Director, Division of Corporate Finance, on U.S. Central Command/U.S. European Command. SEC; and Neil Eisner, Assistant General Counsel, Testimony was heard from the following officials of Regulation and Enforcement, Department of Trans- the Department of Defense: Gen. Wesley K. Clark, portation. USA, Commander in Chief, U.S. European Com- mand; and Gen. Anthony C. Zinni, USMC, Com- AFRICA—PRESIDENT’S HISTORIC VISIT mander in Chief, U.S. Central Command. Committee on International Relations: Subcommittee on Africa held a hearing to preview the President’s His- VA-HUD-INDEPENDENT AGENCIES toric Visit to Africa. Testimony was heard from APPROPRIATIONS Susan E. Rice, Assistant Secretary, Africa, Depart- Committee on Appropriations: Subcommittee on VA, ment of State. HUD and Independent Agencies held a hearing on IRAN MISSILE PROTECTION ACT the Department of Veterans Affairs. Testimony was heard from Togo D. West, Acting Secretary, Depart- Committee on National Security: Ordered reported ment of Veterans Affairs. amended H.R. 2786, Iran Missile Protection Act of 1997. ENVIRONMENTAL SELF AUDITS GENDER-INTEGRATED TRAINING— Committee on Commerce: Subcommittee on Oversight FEDERAL ADVISORY COMMITTEE and Investigations held a hearing on the Federal- FINDINGS State Relationship: Environmental Self Audits. Testi- Committee on National Security: Subcommittee on Mili- mony was heard from Senator Allard; Steven A. Her- tary Personnel held a hearing on the findings of the man, Associate Administrator, Office of Enforcement Federal Advisory Committee on Gender-Integrated and Compliance Assurance, EPA; Gale A. Norton, Training and Related Issues and Department of De- Attorney General, State of Colorado; David Ronald, fense response. Testimony was heard from Nancy Assistant Attorney General, State of Arizona; and Kassebaum Baker, Chairman, Federal Advisory Com- public witnesses. mittee on Gender-Integrated Training and Related Issues; the following officials of the Department of WIC PROGRAM Defense: Rudy de Leon, Under Secretary (Personnel Committee on Education and the Workforce: Subcommit- and Readiness); Gen. William W. Couch, USA, Vice tee on Early Childhood, Youth, and Families held a Chief of Staff, Department of the Army; Gen. Don- hearing on Special Supplemental Nutrition Program ald L. Pilling, USN, Vice Chief of Naval Operations, for Women, Infants, and Children (WIC). Testimony Department of the Navy; Gen. Ralph E. Eberhart, was heard from Robert Robinson, Director, Issues USAF, Vice Chief of Staff, Department of the Air Area, GAO; and public witnesses. Force; and Gen. Richard I. Neal, USMC, Assistant March 17, 1998 CONGRESSIONAL RECORD — DAILY DIGEST D253 Commandant, Headquarters, U.S. Marine Corps; and TICKET TO WORK AND SELF-SUFFICIENCY public witnesses. ACT Committee on Ways and Means: Subcommittee on So- MISCELLANEOUS MEASURES cial Security held a hearing on the Ticket to Work Committee on Resources: Held a hearing on the follow- and Self-Sufficiency Act of 1998. Testimony was ing bills: H.R. 1833, Tribal Self-Governance heard from Representative Ramstad; Susan Daniels, Amendments of 1997; and H.R. 2742, California In- Associate Commissioner of Disability, SSA; and pub- dian Land Transfer Act. Testimony was heard from lic witnesses. Michael J. Anderson, Deputy Assistant Secretary, In- dian Affairs, Department of the Interior; Michael E. CIA OVERVIEW Lincoln, Deputy Director, Indian Health Service, De- Permanent Select Committee on Intelligence: Met in execu- partment of Health and Human Services; Stephen V. tive session to hold a hearing on CIA Overview. Tes- Quesenberry, Director, Litigation, Indian Legal Serv- timony was heard from departmental witnesses. ices, State of California; and public witnesses. f FOREST SERVICE’S ROADLESS AREA POLICY COMMITTEE MEETINGS FOR Committee on Resources: Subcommittee on Forests and WEDNESDAY, MARCH 18, 1998 Forest Health held a hearing on H.R. 3297, to sus- pend the continued development of a roadless area (Committee meetings are open unless otherwise indicated) policy on public domain units and other units of the Senate National Forest System pending adequate public par- ticipation and determination that a roadless area pol- Committee on Appropriations, Subcommittee on Defense, to hold hearings on proposed budget estimates for fiscal icy will not adversely affect forest health and an year 1999 for the Department of Defense, focusing on oversight hearing on follow up on the Administra- National Guard programs, 10 a.m., SD–192. tion’s Forest Service Roadless Area Moratorium. Tes- Subcommittee on District of Columbia, to hold hear- timony was heard from Michael Dombeck, Chief, ings on the implementation of provisions of the Manage- Forest Service, USDA; and public witnesses. ment Reform Act of 1997 relating to the revitalization of the District of Columbia (P.L. 105–34), 10 a.m., TROPICAL FOREST CONSERVATION ACT SD–124. Committee on Rules: Granted, by voice vote, an open Subcommittee on Labor, Health and Human Services, and Education, to hold hearings on proposed budget esti- rule providing 1 hour of debate on H.R. 2870, mates for fiscal year 1999 for the Department of Labor, Tropical Forest Conservation Act of 1998. The rule 2 p.m., SD–138. makes in order as an original bill for the purpose of Committee on Armed Services, Subcommittee on Acquisi- amendment the committee amendment in the nature tion and Technology, to hold hearings to review the sta- of a substitute now printed in the bill, which shall tus of acquisition reform in the Department of Defense, be considered as read. The rule allows the chairman 9:30 a.m., SR–222. of the Committee of the Whole to accord priority in Subcommittee on Personnel, to hold hearings on pro- recognition to those members who have pre-printed posed legislation authorizing funds for fiscal year 1999 their amendments in the Congressional Record. The for the Department of Defense and the future years de- rule further permits the Chairman of the Committee fense program, focusing on active and reserve military of the Whole to postpone votes during consideration and civilian personnel programs and the Service safety programs, 2 p.m., SR–222. of the bill, and to reduce the voting time to five Committee on Banking, Housing, and Urban Affairs, Sub- minutes on a postponed question if the vote follows committee on Financial Services and Technology, to hold a fifteen minute vote. Finally, the rule provides one hearings to examine the Office of Thrift Supervision’s motion to recommit, with or without instructions. Year 2000 preparedness, 10 a.m., SD–538. Testimony was heard from Representative Bereuter. Committee on the Budget, business meeting, to resume markup of a proposed concurrent resolution setting forth TECHNOLOGY TRANSFER the fiscal year 1999 budget for the Federal Government, COMMERCIALIZATION ACT 10 a.m., SD–608. Committee on Commerce, Science, and Transportation, Sub- Committee on Science: Subcommittee on Technology committee on Communications, to hold hearings to ex- held a hearing on H.R. 2544, Technology Transfer amine the Wall Street view on the Telecommunications Commercialization Act of 1997. Testimony was Act (P.L. 104–104), 9:30 a.m., SR–253. heard from Ray Kammer, Director, National Insti- Committee on Foreign Relations, Subcommittee on Inter- tute of Standards and Technology, Department of national Economic Policy, Export and Trade Promotion, Commerce; and public witnesses. to hold hearings to examine the role of the International D254 CONGRESSIONAL RECORD — DAILY DIGEST March 17, 1998

Monetary Fund in supporting United States agricultural Committee on Education and the Workforce, to mark up exports to Asia, 10 a.m., SD–419. H.R. 6, Higher Education Amendments of 1998, 10:30 Committee on Governmental Affairs, to hold oversight a.m., 2175 Rayburn. hearings on the implementation of the Vacancies Act, a Committee on Government Reform and Oversight, Sub- statute that supplies the exclusive means for temporarily committee on Government Management, Information, filling advice and consent positions in all executive and Technology, and the Subcommittee on Technology of branch departments and agencies, 10 a.m., SD–342. the Science Committee, joint hearing on Oversight of the Subcommittee on International Security, Proliferation Federal Government’s Year 2000 Efforts, 9:30 a.m., 2154 and Federal Services, to hold hearings to examine nuclear Rayburn. nonproliferation and the Comprehensive Nuclear Test Committee on House Oversight, to make up campaign re- Ban Treaty (Treaty Doc. 105–28), 2 p.m., SD–342. form legislation, 4 p.m., 1310 Longworth. Committee on the Judiciary, to hold hearings on pending Committee on International Relations, hearing on the Peace nominations, 10:30 a.m., SD–226. Corps: 10,000 Volunteers by the Year 2000, 10:30 a.m., Committee on Labor and Human Resources, business meet- 2172 Rayburn. ing, to resume markup of S. 1648, to provide for reduc- Committee on the Judiciary, Subcommittee on Commer- tions in youth smoking, for advancements in tobacco-re- cial and Administrative Laws, to continue hearings on the lated research, and the development of safer tobacco prod- consumer bankruptcy issues in H.R. 3150, Bankruptcy ucts, 9:30 a.m., SD–106. Reform Act of 1998, H.R. 2500, Responsible Borrower Committee on Small Business, to hold hearings on the Protection Bankruptcy Act; and H.R. 3146, Consumer President’s proposed budget request for fiscal year 1999 Lenders and Borrowers Bankruptcy Accountability Act of for the Small Business Administration, 9:30 a.m., 1998, 10 a.m., 2141 Rayburn. SR–428A. Subcommittee on Courts and Intellectual Property, to Committee on Veterans Affairs, to hold joint hearings mark up the following: Alternative Dispute Resolution; with the House Committee on Veterans Affairs to review H.R. 3163, Trade Dress Protection Act; H.R. 3210, the legislative recommendations of the Disabled Amer- Copyright Compulsory License Improvement Act; and ican Veterans, 9:30 a.m., 345 Cannon Building. H.R. 2652, Collections of Information Antipiracy Act, 2 p.m., 2237 Rayburn. House Committee on National Security, hearing on U.S. Policy Committee on Agriculture, hearing to review the 1999 on Bosnia, 9:30 a.m., 2118 Rayburn. Multilateral Negotiations on Agricultural Trade-Europe, Subcommittee on Military Installations and Facilities, 10 a.m., 1300 Longworth. hearing on infrastructure implications of the Defense Re- Committee on Appropriations, Subcommittee on Com- form Initiative, 2 p.m., 2212 Rayburn. merce, Justice, State, and Judiciary, on the SEC, 10 a.m., Subcommittee on Readiness, hearing on Quarterly and on Department of State Administration of Foreign Readiness Reports, 3 p.m., 2118 Rayburn. Affairs, 2 p.m., H–309 Capitol. Committee on Resources, oversight hearing on Problems Subcommittee on Energy and Water Development, ex- and Issues with the National Environmental Policy Act, ecutive, on Atomic Energy Defense Activities, 2 p.m., 11 a.m., 1324 Longworth. 2362–B Rayburn. Subcommittee on Fisheries Conservation, Wildlife and Subcommittee on Foreign Operations, Export Financ- Oceans, oversight hearing on National Marine Fisheries ing and Related Programs, on AID Administrator, 9:30 Service FY ’99 Budget request and other National Oce- a.m., 2362–A Rayburn. anic and Atmospheric Administration programs, 9:30 Subcommittee on Interior, on Geological Survey, 10 a.m., 1334 Longworth. a.m. and 1:30 p.m., B–308 Rayburn. Committee on Science, Subcommittee on Energy and Envi- Subcommittee on Labor, Health and Human Services, ronment, oversight hearing on Diesel Technology for the and Education, on National Library of Medicine, and the 21st Century, 10 a.m., 2318 Rayburn. National Institute of Nursing Research: Fogarty Inter- Committee on Small Business, Subcommittee on Govern- national Center, 10 a.m., and on National Institute of Al- ment Programs and Oversight and the Subcommittee on lergy and Infectious Diseases and the National Eye Insti- Regulatory Reform and Paperwork Reduction, joint hear- tute, 2 p.m., 2358 Rayburn. ing on unequal regulatory burden borne by small busi- Subcommittee on National Security, on Quality of Life, nesses, 10 a.m., 311 Cannon. 10 a.m., and, executive, on Readiness, 1:30 p.m., H–140 Committee on Transportation and Infrastructure, Sub- Capitol. committee on Aviation, to continue hearings on reauthor- Subcommittee on VA, HUD and Independent Agen- ization of the Federal Aviation Administration and Air- cies, on Department of Veterans Affairs, 10 a.m. and 2 port Improvement Program, 10 a.m. 2167 Rayburn. p.m., 2359 Rayburn. Subcommittee on Coast Guard and Maritime Transpor- Committee on Commerce, Subcommittee on Telecommuni- tation, hearing on Ship Scrapping Activities of the cations, Trade, and Consumer Protection, to continue United States Government, 2 p.m., 2167 Rayburn. mark up of H.R. 1872, Communications Satellite Com- Committee on Veterans’ Affairs, to approve Fiscal Year petition and Privatization Act, 10:30 a.m., 2123 Ray- 1999 Budget views and estimates, 12:30 p.m., 334 Can- burn. non. March 17, 1998 CONGRESSIONAL RECORD — DAILY DIGEST D255

Subcommittee on Oversight and Investigations, hearing ans Affairs to review the legislative recommendations of on Department of Veterans Affairs participation in the the Disabled American Veterans, 9:30 a.m., 345 Cannon Energy Management Program, 2 p.m., 334 Cannon. Building. Permanent Select Committee on Intelligence, executive, brief- Commission on Security and Cooperation in Europe, to hold ing on Commercial Mapping Technologies, 2 p.m., hearings to examine the current situation in Kosova, fo- H–405 Capitol. cusing on the appropriate international response to the re- Joint Meetings cent violence, 10 a.m., SD–430. Joint Hearing: Senate Committee on Veterans Affairs, to hold joint hearings with the House Committee on Veter- D256 CONGRESSIONAL RECORD — DAILY DIGEST March 17, 1998

Next Meeting of the SENATE 1. H.R. 2696, Vessel Hull Design Protection Act; 9 a.m., Wednesday, March 18 2. H.R. 2294, Federal Courts Improvement Act of 1997; 3. H.R. 3117, Civil Rights Commission Act of 1998; Senate Chamber and 4. S. 758, Lobbying Disclosure Technical Amendments Program for Wednesday: After the recognition of four Act of 1997; Senators for speeches and the transaction of any morning Vote on Suspensions (rolled from Tuesday, March 17, business (not to extend beyond 11:30 a.m.), Senate will 1998): begin consideration of H.R. 2646, Education Savings Act 1. H. Con. Res. 152, expressing the Sense of Congress for Public and Private Schools. regarding Northern Ireland; and 2. H. Con. Res. 235, calling for an end to the repres- sion of the rights of the people of Kosova; Next Meeting of the HOUSE OF REPRESENTATIVES Consideration of H. Con. Res. 227, directing the Presi- dent pursuant to section 5(c) of the War Powers Resolu- 10 a.m., Wednesday, March 18 tion to remove United States Armed Forces from the Re- public of Bosnia and Herzegovina (unanimous consent order of March 12); and House Chamber Consideration of H.R. 1757, Foreign Affairs Reform Program for Wednesday, Consideration of 4 Suspen- and Restructuring Act Conference Report (rule waiving sions: points of order).

Extensions of Remarks, as inserted in this issue

HOUSE Kind, Ron, Wisc., E399 Pryce, Deborah, Ohio, E390 Klink, Ron, Pa., E390 Rahall, Nick J., II, West Va., E389 Cardin, Benjamin L., Md., E395, E397 Lantos, Tom, Calif., E392 Riley, Bob, Ala., E385 Collins, Mac, Ga., E391 LaTourette, Steve C., Ohio, E400 Roemer, Tim, Ind., E397 Davis, Danny K., Ill., E385 Lewis, Jerry, Calif., E389 Sabo, Martin Olav, Minn., E388 Deutsch, Peter, Fla., E395 Lowey, Nita M., N.Y., E395 Saxton, Jim, N.J., E389 Farr, Sam, Calif., E395 McCarthy, Carolyn, N.Y., E396 Smith, Christopher H., N.J., E398 Fawell, Harris W., Ill., E386 McCarthy, Karen, Mo., E398 Solomon, Gerald B.H., N.Y., E384, E387 Gingrich, Newt, Ga., E383 McKeon, Howard P. ‘‘Buck’’, Calif., E393 Stark, Fortney Pete, Calif., E396 Goodling, William F., Pa., E399 Manton, Thomas J., N.Y., E397 Stokes, Louis, Ohio, E385 Hall, Tony P., Ohio, E390, E394 Menendez, Robert, N.J., E396 Strickland, Ted, Ohio, E390 Hamilton, Lee H., Ind., E384, E387 Morella, Constance A., Md., E399 Sununu, John E., N.H., E398 Hinojosa, Rube´n, Texas, E398 Ney, Robert W., Ohio, E390 Towns, Edolphus, N.Y., E399 Kanjorski, Paul E., Pa., E400 Oxley, Michael G., Ohio, E388 Traficant, James A., Jr., Ohio, E386 Kildee, Dale E., Mich., E389 Payne, Donald M., N.J., E398 Vela´ zquez, Nydia M., N.Y., E388

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