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

Vol. 144 WASHINGTON, THURSDAY, JUNE 4, 1998 No. 71 House of Representatives The House met at 10 a.m. ANNOUNCEMENT BY THE SPEAKER Mr. GINGRICH. Mr. Speaker, I rise Dr. James D. Strauss, Professor The SPEAKER. The Chair will recog- today to bring to my colleagues’ atten- Emeritus, Lincoln Christian Seminary, nize 15 one-minutes on each side. tion the fact that the House budget Lincoln, Illinois, offered the following resolution, which will be debated today prayer: f and probably voted on tomorrow, calls Almighty God, as we finalize the 20th DR. JAMES D. STRAUSS for about $100 billion over five years in century, we are still searching for tran- tax cuts. It specifically singles out the scendence and meaning and commu- (Mr. REDMOND asked and was given marriage penalty as a key tax burden nity. We pray that integrity and moral permission to address the House for 1 that we should provide families relief commitment may dominate our deci- minute and to revise and extend his re- from. Let me just say, I have a particu- sionmaking as it affects American cul- marks.) lar interest in this because my younger ture and our global village. Mr. REDMOND. Mr. Speaker, it is daughter got married earlier this year. I pray that You, God, will be the my privilege this morning to welcome She actually found out how much more foundation of our vision. Vision with- to the U.S. House of Representatives she and her husband will pay. out strategy is impotent. Strategy Dr. James D. Strauss. Professor But without drawing my own family without vision is powerless. The flies Strauss was born on July 3, 1929, at a directly into this, let me cite from that light on the Sistine Chapel ceiling transition time in our history. He has Bobby and Susan from Marietta, Geor- see but have no vision. studied in the United States, France gia, whom I represent. Bobby and Oh God of Abraham, ruler of all that and Germany. Professor Emeritus of Susan wrote in. They said, ‘‘When we there is, DNA, black holes in space and Lincoln Christian Seminary, Lincoln, figured our 1996 tax return, we figured periodic charts, give us vision and Illinois, he has taught philosophy and what our tax would be if we were just strategy as we search for tran- theology for 30 years. living together instead of married. scendence and meaning and community His special emphasis has been the in- Imagine our disgust when we discov- wherein dwells our peace, hope, love fluence of scientific development on ered that if we just lived together in- and justice. Without Your presence, we the Christian world view. His major stead of being married we would have are cosmic orphans in our daily lives concern is to critique the impact of saved an additional $1,000. So much for and decisions. Amen. media and education on the Christian the vaunted family values of our gov- faith in our multicultural pluralistic ernment. Our government is sending a f era. very bad message to young adults by Dr. Strauss is no ordinary professor. penalizing marriage this way.’’ THE JOURNAL For 40 years his sharp mind has ignited I just think this is a chance to vote The SPEAKER. The Chair has exam- sleeping minds, his commitment has a very simple principle. We can save 1 ined the Journal of the last day’s pro- influenced great accomplishments in percent of spending over the next five ceedings and announces to the House others, his servant’s heart has moved years and get rid of the marriage pen- his approval thereof. others to service. His profound grasp of alty that punishes people for being Pursuant to clause 1, rule I, the Jour- reality has inspired others in such a married. I think to have a pro-family nal stands approved. way that they understand their place tax code with a slightly leaner govern- in the universe. He has acknowledged ment is a pretty good ‘‘yes’’ vote. I f that if he has made any contribution in hope my colleagues will join me. Let us his journey at all, it is because he has save 1 percent of projected Federal PLEDGE OF ALLEGIANCE stood on the backs of giants. spending, get rid of the marriage pen- The SPEAKER. Will the gentleman With humility, we welcome to the alty and send the right signal to all House of Representatives Dr. James D. from New Jersey (Mr. PALLONE) come Americans. forward and lead the House in the Strauss. f Pledge of Allegiance. f Mr. PALLONE led the Pledge of Alle- THE MARRIAGE PENALTY THE REPUBLICAN BUDGET SHOWS giance as follows: THE GOP’S TRUE COLORS I pledge allegiance to the Flag of the (Mr. GINGRICH asked and was given United States of America, and to the Repub- permission to address the House for 1 (Mr. PALLONE asked and was given lic for which it stands, one nation under God, minute and to revise and extend his re- permission to address the House for 1 indivisible, with liberty and justice for all. marks.) minute.)

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

H4065 H4066 CONGRESSIONAL RECORD — HOUSE June 4, 1998 Mr. PALLONE. Mr. Speaker, if any- Congress and the White House put campaign finance reform, reform that one out there was worried that the Re- aside their partisan differences and starts to get the big money and the in- publican leadership of the House was worked out a balanced budget. It not fluence of money out of this political straying from their extremist agenda, only balanced the Federal budget and process so that children like Matthew fear not, because the budget resolution brought us into surplus but has led to across the country, who want to grow coming to the House floor today is as a very hot, growing economy. up and serve in public service, do not extreme as they come. Now the Republican budget would re- have to be either independently First and foremost, the Republican ject that bipartisan agreement and wealthy or have to go out and raise a budget resolution fails to protect So- take us back to the extremism that led million dollars for the campaign. That, cial Security, but it does not stop to the shutdown of our government. It I think, would be a tremendous gift there. The budget resolution also cuts would mean cuts up to 25 percent, not that we can give to the children in this funding to educate our children, pro- 1 percent, of many programs that we country. tect our environment, and provide ade- have in government. Matthew, happy birthday. I look for- quate health care for working Amer- Do not take my word for it. Senator ward to a very long and happy life as ican families. DOMENICI said the Republican budget is your and Johnny’s father. What is really upsetting about this a mockery. Senator STEVENS, chairman f Republican budget resolution is that of the Senate Committee on Appropria- SUPPORT FOR RESTORATION OF these extreme cuts are not done in the tions said, ‘‘I do not think Congress FOOD STAMPS FOR LEGAL U.S. name of fiscal responsibility or debt re- could function.’’ RESIDENTS duction. No, instead what Speaker This is an extreme budget. For the Gingrich and the Republican leadership sake of our veterans, for the sake of (Ms. ROS-LEHTINEN asked and was want to do is provide more tax breaks our students, for the sake of our sen- given permission to address the House for the wealthy at the expense of iors, for the sake of our taxpayers, let for 1 minute and to revise and extend American seniors, kids and working us, in a bipartisan manner, reject this her remarks.) families. extreme budget. Ms. ROS-LEHTINEN. Mr. Speaker, The Republican budget resolution f today the House will likely vote on leg- clearly demonstrates that the Speak- islation which was passed overwhelm- THE ENERGY POLICY ACT OF 1997 er’s priorities lay somewhere beyond ingly by the Senate to restore food the American working family. The Re- (Mr. SHIMKUS asked and was given stamps to thousands of disabled and el- publican leadership has not learned permission to address the House for 1 derly U.S. legal residents, as well as any lessons since 1995, and we will see minute and to revise and extend his re- families with children, and they have today that the Speaker will not even marks.) entered this country legally, they pay get the support of many of his own Mr. SHIMKUS. Mr. Speaker, Con- their taxes and they abide by the law. House Republicans, much less the gress wrote a massive energy bill in Since Congress unfairly ended food American people. 1994 called the Energy Policy Act stamp benefits to U.S. legal residents, f which outlined ways for the United more than 900,000 taxpayers have lost States to address our Nation’s vulner- their access to food stamps. Sixty-five A COMMON SENSE BUDGET able reliance on foreign oil. percent of those affected are families (Mr. DELAY asked and was given per- Unfortunately, this statute has al- with children. In my home State of mission to address the House for 1 ready run into trouble. The Depart- Florida nearly 10 percent of the recipi- minute.) ment of Energy admits this in its own ents lost eligibility, and most were Mr. DELAY. Mr. Speaker, only the report to Congress stating, quote, ‘‘De- families with kids. The funds for food Democrats would call this budget ex- spite the many uncertainties, it pre- stamps in this bill will only be directed tremist. Only the Democrats would say liminarily appears that the programs to legal U.S. residents who were here taking 1 percent out of a $9 trillion authorized by Congress in EPACT will before the benefits were terminated. spending spree by this government ac- fall substantially short of the year 2010 It is fitting that this great Nation, tually designed by them is extremist, goal of 30 percent displacement.’’ which gave these permanent residents one penny out of $1. Mr. Speaker, the program does not a new opportunity, will now lend them The Kasich budget is a common sense work. I and the gentlewoman from Mis- a helping hand in their times of need document that mandates a smarter, souri (Ms. MCCARTHY) have introduced after years of contributing to our coun- more efficient government. It says that legislation to address this problem. Our try. I urge my colleagues to restore the we in Washington should spend a little legislation would allow fleet managers benefits of food stamps to U.S. legal less so that the American working fam- to use biodiesel blends to comply with residents. ily can spend a little more to help the mandates of EPACT, without tax f them achieve their dreams. credits or incentives. b 1015 Some Democrats find this burden to I urge my colleagues to cosponsor be unbearable. They say that we will H.R. 2568, the Energy Policy Act of VOTE AGAINST THE ISTOOK not be able to find the savings. They 1997. AMENDMENT say that we are extremist. They say we f (Mr. EDWARDS asked and was given should not give working families tax permission to address the House for 1 CAMPAIGN FINANCE REFORM relief. minute and to revise and extend his re- I urge the opponents of this budget to (Mr. KIND asked and was given per- marks.) justify their opposition to the Amer- mission to address the House for 1 Mr. EDWARDS. Parents, beware, Mr. ican people. Tell them that you cannot minute and to revise and extend his re- Speaker. If the gentleman from Okla- save a penny on the dollar. Tell them marks.) homa (Mr. ISTOOK) in the next 5 hours that they do not deserve tax relief Mr. KIND. Mr. Speaker, I rise today is successful in beginning the process today. I urge my colleagues to support as a proud new parent of a baby boy to amend the Bill of Rights for the first the common sense budget. born to Tawni and myself a week ago time in our Nation’s history, public f last Wednesday. Tawni and Matthew schools across America will begin to are doing very well at home right now. look like public airports, where reli- AN EXTREME BUDGET Matthew’s older brother Johnny is also gious groups, cults and fanatics can go (Mr. CARDIN asked and was given recovering from all the excitement. to our public school grounds and try to permission to address the House for 1 I could not think of a better birthday convert small children to their particu- minute and to revise and extend his re- present to give to Matthew and the lar religious beliefs. marks.) other children around this country, as I do not think the parents of America Mr. CARDIN. Mr. Speaker, one of the we resume debate this week on cam- want to send their children to school to proudest moments of this Congress is paign finance reform, that this United be proselytized. They send their chil- when Democrats and Republicans, the States Congress enacts meaningful dren to school to be educated. June 4, 1998 CONGRESSIONAL RECORD — HOUSE H4067 I am grateful, Mr. Speaker, that just Today support Madison and Jefferson even at this late date, with the Com- outside the halls of this historic Cham- and vote for religious freedom and mittee on Appropriations waiting in ber, religious leaders of great faith against school sponsored prayer. Do the wings to deal with a budget resolu- from all over this country, Baptists, not politicize religion. Vote no on the tion that just does not add up. Let us Methodists, Jews, Episcopalians and Istook amendment. protect Social Security and not spend many other faiths will speak out f any of the surplus until we have found against the Istook amendment, because a solution to the baby boom bulge and PENTAGON REPORTS NATIONAL they believe as Jefferson and Madison bring the Social Security fund into bal- SECURITY HARMED BY TRANS- did that the best way to ruin religion is ance. FER OF TECHNOLOGY TO CHINA to politicize it. That is what the Istook f (Mr. PITTS asked and was given per- amendment will do. SUPPORT THE BUDGET I urge parents, people and Members mission to address the House for 1 RESOLUTION across this body and America to oppose minute and to revise and extend his re- the Istook amendment. marks.) (Ms. DUNN asked and was given per- f Mr. PITTS. Mr. Speaker, it does not mission to address the House for 1 take a rocket scientist to know that minute and to revise and extend her re- AGAINST MFN STATUS FOR CHINA helping Communist China with its marks.) (Mr. GIBBONS asked and was given rocket technology is not in our na- Ms. DUNN. Mr. Speaker, today I permission to address the House for 1 tional interest. want to urge my colleagues to support minute and to revise and extend his re- According to published reports, the the 1999 budget resolution. Building on marks.) Pentagon concluded in a May 1997 re- our success in balancing the budget, Mr. GIBBONS. Mr. Speaker, most port that ‘‘national security has been this plan outlines the next steps to em- Americans know and understand that harmed’’ by the transfer of sensitive power families so that they can keep one’s actions speak louder than words, computer technology to Communist more of their hard-earned money. but yesterday the President proposed China’s military industrial complex. By reducing government spending by giving permanent most favored nation Where is that May 1997 Pentagon re- one penny over 5 years, that is just trading status to Communist China port, you may ask? one-fifth of a penny each year for 5 saying that it was, and I quote, clearly Well, here is another key document, years out of each dollar, we can im- in the best interest of this Nation. a document with critical information prove the quality of life in America in We need to look past these words and that Congress does not possess and three important ways. First, we can check out their actions. It was just 18 which Congress has been told we will continue to pay down the national debt so that our constituents pay less in in- months ago that our President said, never see. terest for loans, and our economy re- and I quote, not a single, solitary mis- What has the White House response been about this May 1997 Pentagon re- mains strong. sile was pointed at American children. Secondly, we can lower taxes so that port? Denials, explanations? We now know that China with the help Americans keep more of their money No. We get silence. Or we get spin. of this administration has at least 13 to support their families or plan for the Silence and spin. That is about all the nuclear missiles aimed at the United future. Today our citizens pay nearly American people get anymore. How- States and our children. 40 percent from their paycheck each In 1990, China provided Iraq with the ever, this crisis is about national secu- month to support the government. I chemicals needed for a hydrogen bomb. rity. This issue puts every American at think that is a very unfair tax burden. China supplied Pakistan with a weap- risk. This makes the world a more dan- Third, we can protect and modernize ons grade plutonium reactor in 1991. gerous place to live. It is a very serious the Social Security system that gives Despite China’s claim that they were issue. We deserve a full report. Americans from every generation the not making any nuclear deals with f peace of mind about their retirement Iran, China gave Iran a nuclear reactor BUDGET RESOLUTION DOES NOT years. The Republican approach is a in 1994. Now we are told that China is ADD UP good approach. I urge my colleagues to the single most important supplier of support it. (Mr. FAZIO of California asked and weapons of mass destruction in the f world. was given permission to address the MFN status is supposed to be re- House for 1 minute and to revise and THE DEMOCRATIC BUDGET served for our best friends, our allies, extend his remarks.) (Mr. WYNN asked and was given per- the countries we are trying to help. Mr. FAZIO of California. Mr. Speak- mission to address the House for 1 Communist China is not our friend. er, the Senate passed its budget resolu- minute and to revise and extend his re- f tion over 2 months ago. Under the rules marks.) of the House, we should have passed a Mr. WYNN. Mr. Speaker, I rise today VOTE NO ON THE ISTOOK budget resolution at least by the 15th to talk about the budget. Well, actu- AMENDMENT of April. So we come to the floor very ally two budgets. There is on the one (Ms. WOOLSEY asked and was given late today, and one would think at this hand the Republican extreme budget, a permission to address the House for 1 late date, we would be prepared with a budget that is irresponsible, a budget minute and to revise and extend her re- tight, consensus budget. In fact, that is that contains a $24 billion black hole of marks.) not the case. We have a $24 billion unspecified cuts, a budget that is Ms. WOOLSEY. Mr. Speaker, am I a black hole in this budget resolution the weighted once again toward the church member? Yes, I am. Is my gentleman from Ohio (Mr. KASICH) will wealthy. On the other hand, you have church important to me? Absolutely. present today. We double count cuts in the Democratic budget. It is a balanced Do I go to church as often as possible food stamp administration, we double budget, but it focuses on people. and get the good community that is count cuts in veterans spending. In Why do I object to the Republican there for me? Absolutely. Do I want fact, unless we can find alternatives to budget? First, it fails to protect Social the Federal Government to be involved using these cuts twice, we will pass a Security. It talks about a better way of in my church? No. Do I want the gov- fraudulent budget or end up cutting life, but the administration and the ernment to prescribe prayer in our these programs for more than any of us Democrats have said the first thing we schools? No. Today we allow already intend. ought to do is put every penny of the for Bible groups, individual prayer and The New York Times said of this res- surplus toward protecting Social Secu- campus meetings at our schools. That olution when it came to the Budget rity. That is the people’s budget. That is absolute. We cannot pretend that is committee that ‘‘it fails the basic in- is the Democratic perspective. not already possible. tegrity test and that the House should Second, the Republican budget fails Today we will vote on a resolution vote it down, demanding instead a to invest in education. The thing that that would undermine the first amend- budget that is real, not rigged.’’ I is most important for our Nation’s fu- ment, undermine religious freedom. agree, Mr. Speaker. We are not ready, ture is to invest in education, smaller H4068 CONGRESSIONAL RECORD — HOUSE June 4, 1998 classes, schools that are in proper re- They have organized prayer groups least of these brothers of mine, you did pair, schools that are ready to access around the Nation. I would venture to for me.’’ the Internet. We need to invest there. say that everyone who takes any kind Mr. Speaker, it is nice to talk about The Republicans do not see it that of exam in school, I would say to them, prayer in the schools, but you ought to way. They have a narrow view that you had better pray. Pray in the have public policy that reflects what makes draconian cuts in important school. Pray at home. Prayer is avail- you believe. This budget that goes programs. They do not protect our im- able. Freedom of religion is available. after the poor, that goes after the sick, portant investments. I believe we The Istook amendment will take that that goes after the disabled is not a ought to reject the extreme Republican away from you. budget based on biblical principles. perspective. f f f UNFAIRNESS IN TAX CODE: SUPPORT THE BUDGET UNLV’S NATIONAL CHAMPIONSHIP MARRIAGE TAX PENALTY RESOLUTION GOLF TEAM (Mr. WELLER asked and was given (Mr. TIAHRT asked and was given (Mr. ENSIGN asked and was given permission to address the House for 1 permission to address the House for 1 permission to address the House for 1 minute and to revise and extend his re- minute and to revise and extend his re- minute and to revise and extend his re- marks.) marks.) marks.) Mr. WELLER. Mr. Speaker, I rise in Mr. TIAHRT. Mr. Speaker, we have Mr. ENSIGN. Mr. Speaker, I rise this support of this year’s balanced budget. heard a lot of talk about the extremist morning to congratulate the golf team I think these questions best state why: budget by the extremists in the House, from the University of Nevada Las Do Americans feel that it is right the radical Republicans. Vegas who last week brought the na- that the average working married cou- Let us take a little walk down his- tional championship home to Nevada. ple pays more in taxes just because tory’s lane. One hundred thirty years The Rebel golf team won the tour- they are married? Do Americans feel ago, the opponents of a better America nament in style, shooting an NCAA that it is fair, is it right, that 21 mil- were calling the Republicans radical. record 34 under par as a team. lion married working couples pay on They were calling them extreme. College golf might not capture the the average of $1,400 more in higher Mr. Speaker, it was the radical Re- attention of sports fans across the taxes than an identical couple that publicans who fought for and succeeded country like basketball or football lives together outside of marriage? Of in passing the 13th amendment to abol- does, but I can assure my colleagues course not. ish slavery, the 14th amendment to that these young athletes train just as Americans recognize the marriage guarantee the right to life, liberty and hard and strive to win just as much as tax penalty is wrong and we need to the ownership of property, and the 15th any other competitors. Senior Bill correct the marriage tax penalty. amendment to give all citizens the Lunde, juniors Charley Hoffman and Twenty-one million married working right to vote. They were called radical Chris Berry, sophomore Jeremy Ander- couples, $1,400 more in higher taxes. Republicans, with extremist ideas. son and freshman Scott Lander not $1,400 is one year’s tuition at Joliet b 1030 only excelled under the intense pres- Junior College in the district that I sure of the national championship but represent. It is 3 months of day care at So when you hear the opponents of a conducted themselves with honor and a local day care center. better America say the Republican sportsmanship. Head coach Dwayne This budget, the budget crafted by budget is extreme, it attacks the poor, Knight has realized a goal he stated 10 the gentleman from Ohio (Mr. KASICH) remember history, remember our herit- years ago when he told our community makes elimination of the marriage tax age. It is not extreme to protect Social he would build a national champion- penalty priority number one, helping 21 Security, it is not extreme to limit the ship team. million married working families who growth of the Federal Government, it I want to congratulate the UNLV just happen to be married and just be- is not extreme to provide a little tax Rebel golf team. They have made the cause they are married, they pay high- relief for Americans. It is just common city of Las Vegas and the great State er taxes. Let us pass this budget. It de- sense. of Nevada proud and are carrying for- serves bipartisan support. So I urge my colleagues to support ward the strong tradition of athletic f the budget resolution. success at UNLV. f BUDGET RESOLUTION IS NOT f BASED ON BIBLICAL PRINCIPLES SHOW US YOUR CUTS VOTE NO ON ISTOOK AMENDMENT (Mr. MCDERMOTT asked and was (Ms. DELAURO asked and was given (Ms. JACKSON-LEE of Texas asked given permission to address the House permission to address the House for 1 and was given permission to address for 1 minute and to revise and extend minute and to revise and extend her re- the House for 1 minute and to revise his remarks.) marks.) and extend her remarks.) Mr. MCDERMOTT. Mr. Speaker, Ms. DELAURO. Mr. Speaker, the Re- Ms. JACKSON-LEE of Texas. Mr. today we have real irony, because we publican budget is a sham, rosy sce- Speaker, there is no more sacred right are both going to vote on prayer in the narios in cuts that will be named later, that we have in this country than the schools and a budget that cuts Medi- a plan that would unravel the biparti- right each and every American takes care and support and medical care for san balanced budget agreement. But when they go into their house of wor- those less fortunate in our society. just do not take my word for it. Here is ship. The first amendment has made This budget was put together with what other Republicans are saying this Nation unique. I stand here very one hearing. They wanted to put $10 about the GOP smoke and mirrors. proudly acknowledging and embracing billion in cuts on Medicare. Last night, Quote: ‘‘I can tell you there is no way the uniqueness of the American flag in the middle of the night, they took for this committee to carry out its and what it provides for us. Freedom. that out and they have now gone after business in the next 5 years under the Freedom to sing ‘‘Jesus loves me this I the poor. Kasich plan.’’ That is the chairman of know.’’ Freedom to cross one’s heart, I think the majority really ought to the Senate Appropriations Committee. to pay attention to one’s orthodox have had some religious education, be- Here is what the Washington Post views, whatever one might believe in. cause the Bible says, in Matthew 25, says about the Republican budget, and We applaud it. verse 35, ‘‘When I was hungry and you I quote: ‘‘To promise an election year That is why I stand today humbly be- gave me something to eat, I was tax cut on the strength of unlikely fore this House asking for a resounding thirsty and you gave me something to spending cuts to be named later, all the vote against the Istook amendment, drink, I was a stranger and you invited while preaching fiscal responsibility, for it is not religious freedom, it is re- me in.’’ Then it goes on to say: would be a triple fraud.’’ ligious oppression. For our children And the king replied, ‘‘I tell you the Let us end the triple fraud. We know today pray every day in their schools. truth, whatever you did to one of the where the Republican cuts will come, if June 4, 1998 CONGRESSIONAL RECORD — HOUSE H4069 they would only name those cuts. It So I urge my colleagues to welcome WHO IS MINDING THE STORE? will be education, it will be health these individuals to your offices, listen (Mr. WELDON of Florida asked and care. They would jeopardize Social Se- to their stories, fund the Federal re- was given permission to address the curity. search to cure diabetes, and welcome House for 1 minute and to revise and End the triple fraud. Let us be honest them to Capitol Hill. extend his remarks.) about the numbers. Show us the cuts. f Mr. WELDON of Florida. Mr. Speak- f er, to look at American policy of help- IT IS TIME FOR CONGRESS TO EX- BARRY GOLDWATER ing China develop its missile and rock- AMINE THE THREAT TO OUR NA- et programs, one can only ask who is (Mr. KOLBE asked and was given per- TIONAL SECURITY minding the store. While most Ameri- mission to address the House for 1 (Mr. ROGAN asked and was given cans would think that we should not be minute and to revise and extend his re- permission to address the House for 1 arming our adversaries, apparently marks.) minute and to revise and extend his re- there are some in this administration Mr. KOLBE. Mr. Speaker, I rise marks.) who think otherwise. This is liberalism today to note with profound sadness Mr. ROGAN. Mr. Speaker, India and at its most mindless and most dan- the passing of my fellow Arizonan, Sen- then Pakistan conducted nuclear tests. gerous. ator Barry Goldwater, a great Amer- China transferred nuclear technology How else to explain the administra- ican statesman. to Pakistan and Iran. Now we learn the tion’s policy of helping Communist I was just 10 years old when I met United States Government may have China develop its missile and rocket Barry Goldwater at an old-fashioned given missile technology to communist program? How else to explain the ad- political rally in the little town of China, the same country that trans- ministration’s decision to allow the Elgin, Arizona. At the time he was run- ferred nuclear technology to Pakistan Commerce Department to overrule the ning against an incumbent Democrat and Iran. But rest assured, we are told, Justice Department and the Pentagon Senator, Majority leader Ernest the Chinese communist government in matters of national security? How McFarland. Nobody thought he could has assured us they will not do that else do we explain the administration’s do it, but he won. The rest, as they say any more. decision to help China to perfect its is history. It is time for Congress to examine Long March missile? How else do we Six years later Barry nominated me this threat to our national security. It explain the administration’s policy of to become his Senate page, and I served is time for the White House to explain arming the same country that report- in that capacity for 3 years. That is how it is that transferring authority edly has 13 long-range strategic mis- when I got to know, really know, this for satellite waivers from the State De- siles pointed at the United States? extraordinary man. He always said partment to the Commerce Depart- I cannot explain it, and I do not know what was on his mind. He never shaded ment was in our national interest. The how the administration is going to at- the truth. White House should respond to a recent tack their accusers this time. It is the Mr. Speaker, Barry Goldwater did Pentagon report that concluded that American people who are demanding not spend a lot of time worrying about ‘‘Our national security has been answers. whether he would be elected or not. He harmed’’ as a result of these transfers f worried instead about principles and arising out of China’s rocket failure in about America. He did not change his PROVIDING FOR CONSIDERATION February 1996. principles, but America changed. OF H.J. RES. 78, CONSTITU- The President should respond to In an era of cynicism and distrust of TIONAL AMENDMENT RESTORING these questions, Mr. Speaker, before public officials, Barry Goldwater’s life RELIGIOUS FREEDOM the next nuclear test takes the world stands as a reminder of values that are by surprise again. Mrs. MYRICK. Mr. Speaker, by direc- lasting and eternal—honesty, integ- tion of the Committee on Rules, I call f rity, patriotism. We will miss him, but up House Resolution 453 and ask for its in our hearts we know he was right. SUPPORT THE RELIGIOUS immediate consideration. Farewell, my friend. FREEDOM AMENDMENT The Clerk read the resolution as fol- f lows: (Mr. THUNE asked and was given JOIN THE CONGRESSIONAL permission to address the House for 1 H. RES. 453 DIABETES CAUCUS minute.) Resolved, That upon the adoption of this (Mr. NETHERCUTT asked and was Mr. THUNE. Mr. Speaker, there are resolution it shall be in order to consider in the House the joint resolution (H.J. Res. 78) given permission to address the House people out there who are afraid of the proposing an amendment to the Constitution for 1 minute.) Religious Freedom Amendment. They of the United States restoring religious free- Mr. NETHERCUTT. Mr. Speaker, I are afraid that it goes too far. dom. The joint resolution shall be considered rise today to advise my colleagues that But let me just ask my colleagues as read for amendment. The amendment in representatives of the Juvenile Diabe- this: Is it not going too far to ban pray- the nature of a substitute recommended by tes Foundation will be meeting with er at high school graduations when the Committee on the Judiciary now printed each of you today to advocate more guns and violence have become all too in the joint resolution shall be considered as Federal funding for diabetes research common in our schools? adopted. The previous question shall be con- sidered as ordered on the joint resolution, as to cure this very serious disease. Dia- Is it not going too far to ban nativity amended, and on any further amendment betes is one of the leading causes of scenes and menorahs in public places thereto to final passage without intervening death and disability in America. and replace them with a Santa Claus motion except: (1) two hours of debate on the Now these JDF representatives are on every street corner? And then we joint resolution, as amended, equally divided not paid lobbyists. They are individ- wonder why Christmas has become so and controlled by the chairman and ranking uals from all walks of life, of Democrat commercialized. minority member of the Committee on the and Republican Party affiliation. They Is it not going too far to ban the Ten Judiciary; (2) the further amendment printed are male and female, Democrats, Re- Commandments from our schools and in the report of the Committee on Rules ac- companying this resolution, which may be publicans, of all religions, and only replace them with the distribution of offered only by the Member designated in the caring about one thing. That is curing free condoms instead? report, shall be considered as read, and shall diabetes. Things have already gone too far, be separately debatable for one hour equally They will tell you their personal way too far. It is time to bring the sep- divided and controlled by the proponent and story about diabetes. They will ask you aration of church and state back from an opponent; and (3) one motion to recommit to become a member of the Congres- the fringe of extremist interpretation. with or without instructions. sional Diabetes Caucus, which now It is time to bring back common sense. The SPEAKER pro tempore (Mr. numbers 159 Members. They will ask Mr. Speaker, I urge my colleagues to LAHOOD). The gentlewoman from North my colleagues to show that they care support the Religious Freedom Amend- Carolina (Mrs. MYRICK) is recognized about diabetes. ment. for 1 hour. H4070 CONGRESSIONAL RECORD — HOUSE June 4, 1998 Mrs. MYRICK. Mr. Speaker, for the the First Amendment meant to exclude were dozens of students there who did purpose of debate only, I yield the cus- God from our public life. God is a part not follow the New Testament, or that tomary 30 minutes to the gentleman of our public life. ‘‘In God We Trust’’ is there may have been some who adhered from Texas (Mr. FROST), pending which on our money and here in our Chamber to the teachings of the Koran. The I yield myself such time as I may con- above the Speaker’s chair. Bible readings blared out over the pub- sume. During consideration of this res- To such critics I would respond that lic address speaker system every single olution, all time is yielded for the pur- we honor the Constitution when we use day. pose of debate only. its time-honored amending process to Mr. Speaker, we have traveled some Mr. Speaker, yesterday the Commit- clarify the intent of its framers. distance since those days in the 1950s, tee on Rules met and granted a modi- H.J. Res. 78 clearly protects the right and the most blatant religious prac- fied closed rule to House Joint Resolu- of each and every American to recog- tices are no longer followed in our tion 78. The rule provides that H.J. nize their God without government in- schools. There is a fine line today be- Res. 78 shall be considered in the terference. The plain wording of the tween permitting students to observe House, shall be considered as read, and amendment forbids the establishment their own faith and interfering with that the amendment in the nature of a of any state religion and forbids any the observation of the faith of someone substitute recommended by the Com- coercion on the basis of religion. else. We should not cross that line by mittee on the Judiciary, now printed in The intent here is not to force God enacting the amendment presented to the joint resolution, shall be consid- on anyone. The amendment simply us today. ered as adopted. clarifies that we are all free to engage The Clinton Administration has The rule provides that the previous in voluntary prayer in public places. In issued guidelines on religious practices question shall be considered as ordered doing so, the amendment enhances reli- in our schools that make abundantly on the joint resolution, as amended, gious freedoms for all of us. clear where that line is. As these guide- and on any further amendment thereto I urge my colleagues to support this lines make clear, public school stu- prior to final passage, without inter- rule and allow the debate on this legis- dents are free to voluntarily pray pri- vening motion except as specified. lation. vately and individually at school. Stu- The rule provides for 2 hours of de- Mr. Speaker, I reserve the balance of dents have a right to say grace at bate on the joint resolution, as amend- my time. lunchtime. They have the right to ed, equally divided between the chair- Mr. FROST. Mr. Speaker, I yield my- meet in religious groups on school man and the ranking minority member self such time as I may consume. grounds and use school facilities like of the Committee on the Judiciary. The rule we are considering today any other school club. They have the The rule provides for consideration of would permit a vote on an amendment right to read the Bible or any religious a further amendment printed in the re- to the United States Constitution deal- text during study hall or other free port of the Committee on Rules, which ing with the subject of school prayer. class time. Similarly, people who wish may be offered only by the Member Let me begin this debate by reading to engage in religious expression on designated in the report, shall be con- these words: public property have the same rights as sidered as read, and shall be separately Congress shall make no law respecting an people who wish to engage in com- debatable for 1 hour equally divided be- establishment of religion or prohibiting the parable non-religious expression. tween the proponent and an opponent. free exercise thereof. Not only is a new constitutional Finally, the rule provides for one mo- For 206 years these words in the Bill amendment unnecessary, Mr. Speaker, tion to recommit with or without in- of Rights have protected religious free- H.J. Res. 78 would, in a variety of ways, structions. dom and religious liberty in our Na- undermine the religious freedom we Mr. Speaker, I do not take amending tion. Now some in this body seek to now cherish. It would embroil State the Constitution lightly. In fact, I do amend the First Amendment to alter and local governments in years of divi- not think we should even have to this basic and fundamental section of sive and costly debate and litigation amend our Constitution to permit stu- the Constitution. over its meaning, and we should all be dents and teachers to pray. Unfortu- The Founding Fathers, Thomas Jef- aware it could well require American nately, though, activist judges have ferson and James Madison, wisely taxpayers to provide financial support prevented the acknowledgment of God crafted a very straightforward protec- to churches, parochial schools and in public. Our only remedy is to let the tion for religious liberty in our land. other religious institutions. American people decide whether or not Why then do some wish to amend our For over 200 years, the first amend- they want to allow prayer in schools. Bill of Rights for the first time in our ment has protected our right to be as Let me make one thing clear. If this history? religious as we choose. Congress should resolution passes both the House and b not tamper with this most precious lib- the Senate by a two-thirds majority, it 1045 erty. The first amendment should not is passed along to the State legisla- Thirty-six years ago, the United be rewritten. tures. To become part of our Constitu- States Supreme Court, in the case of Mr. Speaker, some advocates of this tion, the amendment then must be ap- Engel v. Vitale, interpreted the first constitutional amendment will argue proved by three-fourths of the States. amendment to bar a New York school that the amendment is the answer to A vote in favor of this amendment is board’s requirement that students join dealing with our growing problem of a vote to let the American people de- in prayer composed by the State re- school violence. I recently met with a cide whether there should be prayer in gents. A year later, in the case of Ab- group of public school teachers and ad- our schools. Each local community has ington School District v. Schemp, the ministrators in my congressional dis- the right to discuss the issue and de- Supreme Court specifically disallowed trict to discuss this very important cide for themselves what they would State sponsorship of daily devotions problem. It was clear from that meet- like to do. No one is forced to do any- which involved oral readings from the ing that the real solutions to dealing thing. Bible and the unison recital of the with our problem of escalating school Our schools should be places where Lord’s Prayer. violence are smaller class sizes, repair- children can grow in character. When I attended public schools in Fort ing our deteriorating older schools, judges keep God out of our schools, Worth, Texas, in the decade preceding more counselors and the stationing of they prevent our children from matur- the Engel and Abington decisions. law enforcement officers on our middle ing both emotionally and spiritually. While we did not have an official re- school and high school campuses. This Others may disagree, but I firmly be- gents prayer in Fort Worth, we did constitutional amendment will not lieve that the Founding Fathers of this have daily Bible readings over the pub- solve the very serious problem of Nation did not intend to prevent our lic address system. Sometimes those school violence. children from praying in school. Bible readings were from the Old Tes- There are millions of people of faith Opponents of this amendment will tament, and sometimes they were from in this Nation. Religion, however, is a claim that we should not tinker with the New Testament. It did not make uniquely private matter. We draw the Constitution, as if the drafters of any difference to the school that there strength from our faith, but we should June 4, 1998 CONGRESSIONAL RECORD — HOUSE H4071 never attempt to impose our religious friends on both sides of the issue, I in dissenting from what the other jus- beliefs on any other person, no matter would urge you to search your con- tices have done. He has been a steady how well-meaning our actions may be. science and think about the precedent voice in saying that the Court is going Ours is a great Nation, in no small we are setting when we say that we in the wrong direction; that it is under- way because of the truly magnificent have such a cavalier respect for the mining our religious liberty, rather language of our Bill of Rights which Bill of Rights, and even the first than protecting it. Because in 1962 the creates a separation between church amendment, and even the first 16 words court began an attack that says, well, and State. We should not alter that of that Bill of Rights, that we think it if you are on public property, other historic guarantee of religious liberty is wise and smart to bring this amend- people have a right to censor you if you by passing the constitutional amend- ment to the floor, prohibiting Members want to pray or otherwise express your ment presented to the House today. the opportunity to speak out from the religion. That is not freedom of reli- Mr. FROST. Mr. Speaker, I yield 4 heart of their conscience. That is gion. That is not even free speech. As minutes to the gentleman from Texas wrong. so many Supreme Court justices have (Mr. EDWARDS). We will debate in the hours ahead said over the years in dissent, their Mr. EDWARDS. Mr. Speaker, as we why I believe and why many religious brethren have gone the wrong way. begin this important debate on the leaders believe that the Istook amend- It is incumbent upon us, Mr. Speak- steps of this historic Capitol, religious ment is wrong, but, for the moment, I er, because the Supreme Court has not leaders from all across America have would urge my colleagues to cast a corrected it, it is incumbent upon us to gathered to voice their strong opposi- vote of respect for our Constitution, correct it, through the only way that tion to the Istook amendment, which cast a vote of respect for the Bill of works. No presidential guideline makes would, for the first time in our Na- Rights, and say that none of the Mem- any difference when the Supreme Court tion’s history, amend the Bill of bers should be gagged in their oppor- claims something is unconstitutional. Rights. tunity to express their conscience. No regulation can make a difference. People of deep faith, because of their If there is any right we ought to re- No statute can make a difference. The respect for the importance of religion spect in this historic body, it should be only remedy left to us is the one that in their individual lives, are standing our right and our responsibility as the was established within the Constitu- with James Madison and Thomas Jef- voice for the nearly 600,000 people we tion itself, for a constitutional amend- ferson and all of the evidence of human represent in our respective districts to ment. history, which proves that the best way speak out for those people of our dis- Previously, for example, the 13th to ruin religion is to politicize it. trict, to speak out for the beliefs we amendment was one of a number of If one believes that the way to pro- hold deep and dear. Vote no on this amendments that have been adopted tect religious liberty is to get govern- rule. when the Supreme Court went in the ment, the Federal Government, in- Mrs. MYRICK. Mr. Speaker, I yield wrong direction. When the Supreme volved in private matters such as chil- myself such time as I may consume. Court ruled in the Dred Scott decision dren’s prayers with their God, allow Mr. Speaker, I would just like to that neither the Congress nor the judges to push their personal political clarify by reading the language in this States could put an end to slavery, we views through the use of their offices amendment exactly what we are talk- passed the 13th amendment. After that and positions, and to actually use tax- ing about here today. This simply says, terrible bloody Civil War, we put an payer dollars to fund religious organi- ‘‘To secure the people’s right to ac- end to slavery, but it took a constitu- zations, if people believe that is the knowledge God according to the dic- tional amendment to do it, and we fol- way to protect religious liberty, I tates of conscience: Neither the United lowed the process that has been estab- think they are sadly mistaken. States nor any State shall establish lished to correct things when the Su- Mr. Speaker, whether one supports or any official religion, but the people’s preme Court goes in the wrong direc- opposes the Istook amendment, and I right to pray and to recognize their re- tion. vehemently oppose it, the fact is that ligious beliefs, heritage, or traditions That is what we are doing today, be- this process, this rule, does a great dis- on public property, including schools, cause the Supreme Court in 1962 ruled service to that cherished document we shall not be infringed. Neither the that even when it was voluntary, if it call the Bill of Rights. United States nor any State shall re- was during the school day, children Whereas Mr. Madison and Mr. Jeffer- quire any person to join in prayer or could not come together and say a son debated this very issue for over 10 other religious activity, prescribe prayer together. They ruled in 1980 years in the Virginia legislature, the school prayers, discriminate against that the Ten Commandments could not Committee on Rules last night, with religion, or deny equal access to a ben- be posted on the wall of a public many of the Members not even present, efit on account of religion.’’ school, because the Supreme Court said decided to send the most important Mr. Speaker, that is all there is to it. children might read them and obey issue in this country, the issue of reli- Mr. Speaker, I yield 4 minutes to the them. Well, in an era when we have gious freedom, to this floor with such a gentleman from Oklahoma (Mr. guns and knives and drugs in school, limited unfair rule that each of the ISTOOK). maybe the Ten Commandments and Members of this House, both for and Mr. ISTOOK. Mr. Speaker, if the prayer would not be as bad. against Istook, will have less than 13 President were to say that there are In 1985, the Supreme Court took a seconds to express their deep convic- grave problems within the Executive law from the State of Alabama that tions on the important issue of religion Branch, we would be wise to listen. If made a moment of silence permissible and religious liberty. the Speaker were to say that there are and said, no, that is unconstitutional Again, whether you are for or against grave problems within the Congress, we because it permits silent prayer. the Istook amendment, I would suggest would be wise to listen. If the Chief In 1992, the Supreme Court ruled that that a vote against this rule would be Justice of the Supreme Court said a prayer offered in this case by a Jew- a vote in respect of the importance of there were problems with what that ish Rabbi at a graduation ceremony the Bill of Rights. Whether 5 years or Court was doing, we would be wise to was unconstitutional because, they 50 years from now, it will set a terrible listen. said, it is wrong to expect children to precedent to have such an important Mr. Speaker, the Chief Justice has be respectful of something with which issue, an issue that we have not voted said so. The rulings of the Supreme they might disagree. Since when, Mr. on in 27 years in this House, come to Court over the last 36 years have used Speaker, are we teaching our children the floor after only one day of hearings the first amendment not to protect disrespect, rather than respect? in the full Committee on the Judiciary freedom of religion but to attack it; to As a number of Supreme Court jus- this year, and come to the floor of this say that rather than freedom of reli- tices have said in dissenting from these House with a rule that only allows 12 gion, it is freedom from religion. decisions, and many of them were the to 13 seconds of debate. I am proud to say that Chief Justice narrowest decisions, 5–4 margins, as a Mr. Speaker, I would say to my William Rehnquist, as well as many number of them have indicated, the friends on both sides of the aisle, my other justices, has been a steady voice way to unite people is to bring them H4072 CONGRESSIONAL RECORD — HOUSE June 4, 1998 together in prayer, not to isolate one The most tragic results of this Mr. Speaker, I urge this body to re- another and claim that prayer in amendment, though, is that it sows the flect on its words and defeat this rule. school is somehow a threat, rather seeds of strife and divisiveness that the Mrs. MYRICK. Mr. Speaker, I yield than a unifying force. Bill of Rights was designed to protect myself such time as I may consume. It should never be mandatory, Mr. us from. Listen to the level of debate Mr. Speaker, just for clarification, Speaker, but it should be permitted. that has occurred lately. one of the previous speakers said that there had not been hearings on this b 1100 A few weeks ago one of my colleagues rose on the floor and said that those of particular issue. There were seven Mr. FROST. Mr. Speaker, I yield 2 us who oppose this amendment would hearings on the issue that is addressed minutes to the gentleman from Vir- be heading likely to hell. I quote from by this amendment. There were 74 wit- ginia (Mr. SCOTT). the RECORD: nesses that were heard from at that Mr. SCOTT. Mr. Speaker, I rise in op- Mr. Speaker, there is no doubt in my mind time. position to the rule and consideration that there is a special place in hell for a Mr. Speaker, I yield 3 minutes to the of this resolution. We are amending the number of Federal court judges, as I am sure gentleman from Missouri (Mr. BLUNT). Constitution. We have only had one there will be for Members of Congress. Mr. BLUNT. Mr. Speaker, we are hearing on this amendment. There This level of debate denigrates both going to hear a lot of things today have been several hearings during this the Bill of Rights and this institution, about what this amendment does, what Congress on religious issues, but only and it also threatens the notion of reli- it says. I would encourage our col- one on this amendment. gious tolerance that has made our leagues to read the amendment. There Last night we were still slapping the country unique. That is why religious is nothing in the amendment that al- thing together. The final version of the groups such as the American Baptist lows funding of religious institutions. amendment was being drafted after the Churches USA, the Baptist Joint Com- There is nothing in the amendment hearing on the rule itself. This would mittee, the Presbyterian Church USA, that establishes a church that has par- be the first amendment to the Bill of the Episcopal Church, the Evangelical ticular access to government monies. Rights. Every word is important, and Lutheran Church in America, the Mus- There is nothing in the amendment here we are at the last minute still lim Public Affairs Council, the Reform that requires anybody to participate. putting together the final version that Jewish Movement, and virtually the What this amendment does is restore we will consider on the floor today. entire Jewish community are opposed the Constitution to its practices for The First Amendment to the Con- to this measure. the first 175 years. We certainly want stitution, the Bill of Rights, has saved Proponents of this measure would to look at the intent of the Founders of us from the religious strife that other have us believe that we are attacking the Constitution; and when we look at countries have suffered through. We religious expression, and that is non- the intent of the Founders of the Con- need to know exactly what this amend- sense. Students currently enjoy the stitution, we do see that they did not ment would do. How is it different from right to religious expression in our Na- want to establish a church. What we our present First Amendment? What tion’s public schools. They have the also see is that they clearly did not difference does it make? We should not right to pray individually or in groups, want to remove religion, did not want be misled by inaccurate anecdotes and to say grace before meals, to discuss to remove God from our public dis- political pressure into changing the religion with other interested students, course, from our public ceremonies, Bill of Rights. to read religious books in their spare from our public institutions. We have heard the question about the time, and to pray before, during, and In fact, right here in this House this moment of silence. Many States have after tests. morning, as has been the case every moments of silence, moments for silent When James Madison and the other day since the Congress began, we start- prayer. To direct people to pray during early American leaders drafted the ed with prayer. We started with prayer, that moment of silence has been ruled First Amendment, they knew full well and now we have a debate as to why we unconstitutional, but a moment of si- the capacity of the majority to sub- could not have prayer at high school lence has been sustained. So we ought jugate the minority when it came to graduations. We started with prayer, not be misled by inaccurate anecdotes matters of religion. We see it today. and now we have a debate as to why we into amending the Bill of Rights for I have just returned from 7 days in could not have a prayer before a foot- the first time in our history. the former Yugoslavia, where tens of ball game. We started with prayer, and Mr. Speaker, let us protect our reli- thousands of people are dead because now we have a debate as to why we gious freedom that we have enjoyed for three governments with different reli- want to not allow city councils to do over 200 years, and let us defeat this gions decided to impose their will on that same sort of thing in their public amendment. people who did not believe as they did. institutions. Mrs. MYRICK. Mr. Speaker, I reserve That is the path that our Founding Fa- ‘‘In God We Trust’’ is emblazoned the balance of my time. thers sought very carefully to avoid. above your head, Mr. Speaker, as we Mr. FROST. Mr. Speaker, I yield 3 Amending the Constitution is not a debate every day in this House. We minutes to the gentlewoman from New matter to be taken lightly. The separa- cannot go back to the writings of the York (Ms. SLAUGHTER). tion of church and state, and the pro- people who wrote the Constitution, we Ms. SLAUGHTER. Mr. Speaker, I tections enshrined in the First Amend- cannot go back to what George Wash- thank the gentleman for yielding time ment so that we are free to practice ington did as our first President, in to me. our religion as we wish, having to an- putting in our public discourse and our Mr. Speaker, I never thought that an swer to no man or no government, has public ceremonies the clear under- occasion would occur when I would helped to make the United States one standing that religion and morality have to rise and ask my colleagues to of the most religiously diverse nations were cornerstones for the kind of gov- refrain from gutting the First Amend- in this world. ernment we wanted to have, and not ment to the Constitution. One would Thomas Jefferson wrote: ‘‘Religion is see that that was their intent. expect that after 200 years the Bill of a matter which lies solely between man In fact, it was their intent until 1962 Rights would have garnered a little re- and his God that he owes account to when the Supreme Court, on a series of spect in Congress, but gutting the First none other for his faith or worship, decisions that were, as often as not, Amendment is exactly what this bill that the legislative powers of govern- five-to-four. A five-to-four decision would do today. ment reach actions only, and not opin- means that even the Supreme Court This religious freedom amendment is ions. I contemplate with sovereign rev- was not very certain as to what they dangerous in that it breaches the con- erence that act of the whole American were doing and wondered what the Con- stitutionally guaranteed separation of people which declared that their legis- stitution might have said. In 1962 the church and State, thereby reducing re- lature should ‘make no law respecting Supreme Court began to say these ligious liberty and equality. Moreover, an establishment of religion or,’’ most things that for 175 years we believed it would allow official school prayer importantly, ‘‘prohibiting the free ex- the Constitution to say and we believed and government funding of religious in- ercise thereof,’ thus building a wall of the Constitution to allow, it no longer stitutions. separation between church and State.’’ would allow, beginning at that time. June 4, 1998 CONGRESSIONAL RECORD — HOUSE H4073 We had a high school class invite a else. We have the right to pray in this bunch of hypocrites by not allowing a Jewish Rabbi to pray at a graduation, Nation. local school board to make that deci- and a student decided to sue, and sud- It is tragic that we take some very sion. Neither are all of the decisions in denly prayer at high school graduation, isolated incidences where court deci- the Supreme Court. In America, the one of the cornerstones of those cere- sions may rule against what we would judges do not govern; the American monies from the time we began to have like and change the whole Constitu- people do. The American people want high school graduation, is suddenly un- tion. Stand up for what is right. I pray to allow prayer in our schools. constitutional. that we do that. Mr. FROST. Mr. Speaker, I yield 1 Many of our schools, many of our Mrs. MYRICK. Mr. Speaker, I yield 3 minute to the gentleman from Michi- communities have chosen, as in some minutes to the gentleman from Ohio gan (Mr. CONYERS). ways we might even say the Congress (Mr. TRAFICANT). Mr. CONYERS. Mr. Speaker, I would has chosen, to ignore that prohibition. (Mr. TRAFICANT asked and was like to address the gentleman from I encourage we support the rule and given permission to revise and extend Ohio in his constitutional wisdom, and support this amendment. his remarks.) I am glad he is staying here for it. Mr. FROST. Mr. Speaker, I would in- Mr. TRAFICANT. Mr. Speaker, inter- First of all, to my good friend the quire of the time remaining on both esting debate. Constitution. The first gentleman from Ohio (Mr. TRAFICANT), sides, please. Constitution allowed slavery. It treat- I would like to point out to him that The SPEAKER pro tempore (Mr. ed women like property. It treated no Supreme Court decision ever has LAHOOD). The gentleman from Texas American native Indians like buffalos. prevented students from praying on (Mr. FROST) has 161⁄2 minutes remain- The Congress, in its wisdom, changed their own. ing. The gentlewoman from North the wrongs of the Constitution and did b 1115 Carolina (Mrs. MYRICK) has 171⁄2 min- so by amending it. Now the judges have utes remaining. determined that school prayer is pro- Not a single decision of any court can Mr. FROST. Mr. Speaker, I yield 2 hibited under the language of the Con- be cited for the contrary proposition. minutes to the gentlewoman from stitution. Number two, in the 1962 Supreme Texas (Ms. JACKSON-LEE). I submit that the Founders are roll- Court case of Engel v. Vitale, which I (Ms. JACKSON-LEE of Texas asked ing over in their graves, because they am sure the gentleman has reviewed, it and was given permission to revise and did want to separate church and State struck down only the practice of hav- extend her remarks.) on a denominational basis, but they ing government compose school prayer. Ms. JACKSON-LEE of Texas. Mr. never intended to separate God and the In the Wallace case, which the gen- Speaker, to the gentlewoman, I do American people. tleman may or may not be familiar want to acknowledge that, yes, there This legal mumbo jumbo is abso- with, it held, ‘‘The government may have been many hearings on prayer in lutely ludicrous, because of the fact give objective instruction about reli- school, but only one hearing on the that school kids used to have the three gion in public schools and provide for Istook amendment. R’s of reading, writing, and arithmetic; religiously neutral moments of silence, Mr. Speaker, I rise with a completely today there are four R’s: rape, rifle, permit students to engage in private, different perspective, for I believe that and Ritalin. Ladies and gentlemen, non-disruptive prayer during the it is important to tell the American there is a fourth R. It is called run. school day, and pose no barrier to orga- people what we believe. We believe in Run as in run for your life. nized student-initiated religious clubs the freedom of this Nation and the My position is very, very simple. I under the Equal Access act.’’ We are right to prayer and the right to express believe where God is omitted, then evil not hypocrites. our religious beliefs. will be committed. Ladies and gentle- Mrs. MYRICK. Mr. Speaker, I yield 1 I am glad my colleague acknowl- men, why is it unconstitutional for minute to the gentleman from Ohio edged that we in this House do pray. Congress to consider the opportunity (Mr. TRAFICANT). For that reason, we support the fact to let a local school board make that Mr. TRAFICANT. Mr. Speaker, the that Americans pray in whatever man- decision? legal decisions say that if a school ner they so desire. The Constitution prohibits it; that is board wants to have a school prayer, But I want my colleagues to know what the Supreme Court said. Fine. they are prohibited from doing so. that the Istook amendment has noth- Change the Constitution. This is the Mr. Speaker, I say to the Members, ing to do with our right to pray. It mechanism to do it. If it is a moment the judges in America do not govern, really has a lot to do with the intru- of silence, fine. If it is a prayer, it they interpret the Constitution. They sive, oppressive conferring of some par- should not be any denomination that interpret the law. They do that only. ticular religion on many, and that reli- is, in fact, promoted. The people of the United States govern. gion may not be the religion of the Ladies and gentlemen, there are sev- When they see fit to change a constitu- many. eral things I think must be understood tional mandate that has been inter- When the flag rose and remained fly- here. On our bills, we say ‘‘In God We preted counter to the wishes of the ing after the war in the 1800s, and the Trust’’. We open the session up with a American people, it is up to the people Star Spangled Banner was written, the prayer in the Congress. The Supreme and the Congress only to make that de- one question asked: Was the flag still Court opens up their session by asking cision. there? The reason for that was the flag God to preserve the court and preserve I will say this, the gentleman is cer- symbolized freedom, freedom of expres- the Nation. But our school boards can- tainly more knowledgeable on all these sion, freedom to believe as we so desire not make that decision. So what we decisions, but here is what I am saying. to believe. have is rape, murder, mass murder, vio- All those decisions the gentleman cited The Istook amendment takes away lence, killing, fear in our schools, but all add up to one thing: We do not from us our religious beliefs. It does they are not allowed to have a prayer. allow for school prayer. I am saying not give them to us. For us to take Come on now. that we should. That is what I do sup- away the obvious, what the First I can remember a debate we had port. Amendment already provides, the free- where it was called political posturing Mr. FROST. Mr. Speaker, I yield 3 dom of religion, what Madison and Jef- to open the session of Congress with a minutes to the gentleman from New ferson debated for some 10 years, we pledge of allegiance to the flag. The York (Mr. NADLER). want to change in 2 or 3 hours. motives of those who brought it for- Mr. CONYERS. Mr. Speaker, will the I would simply ask my colleagues, ward were questioned. On all of these gentleman yield? Republicans and Democrats alike, this constitutional mumbo jumbo reasons Mr. NADLER. I yield to the gen- is not a partisan issue. This goes to the we had these big debates. Now we have tleman from Michigan (Mr. CONYERS). very underpinnings of what this coun- a pledge of allegiance. Quite frankly, I Mr. CONYERS. Mr. Speaker, I thank try stands for. Our children can pray. think we should. the gentleman for yielding to me. Our different faiths can be expressed, Quite frankly, the Congress opens the I just wanted my friend, the gen- whether it is Allah or God or anyone session with a prayer, and we are a tleman from Ohio (Mr. TRAFICANT), H4074 CONGRESSIONAL RECORD — HOUSE June 4, 1998 who has left the floor, to understand (Mr. PAUL asked and was given per- property. This is in direct contrast to that nothing prohibits voluntary pray- mission to revise and extend his re- the original purpose of the Constitu- ers, from school boards, courts, or any- marks.) tion, to protect against a strong cen- thing else. I am doing this in a friendly Mr. PAUL. I thank the gentlewoman tral government and in support of way. I am not emotional about it. But for yielding me the time, Mr. Speaker. State and local government. it is about time that we learn what the Mr. Speaker, I rise in support of this Until our judges and even our Con- law is that we want to change. I thank rule. Today we are having a debate on gress have a better understanding of the gentleman for his generosity. a very serious problem that does de- the current Constitution and a willing- Mr. NADLER. Mr. Speaker, this serve our attention. We can do this by ness to follow it, new constitutional amendment, which should really be re- supporting this rule. amendments will do little to help and ferred to as the Religious Coercion I am in entire agreement with the will more likely make things worse. Amendment, is an assault on the first authors of this amendment in their Mr. FROST. Mr. Speaker, I yield 3 freedom which has been protected for concern for the systematic attack on minutes to the gentleman from North 200 years by the First Amendment. religious expression throughout the Carolina (Mr. PRICE). I am amazed at some of my conserv- country. There is no doubt hostility ex- Mr. PRICE of North Carolina. Mr. ative colleagues who do not trust the ists, especially against conservative re- Speaker, in our country the State is government to protect the environ- ligious expression. It is pervasive and not to sponsor or sanction religious ex- ment or to build new schools in our routinely expressed in our courts. ercises. Neither is it to interfere with communities or to regulate the rail- Those who attack religious values the free exercise of religion. That is a roads, but are perfectly willing to turn are, unfortunately, not doing it in the delicate balance that the Bill of Rights over to government bureaucrats the defense of constitutional liberty. Secu- has protected for over 200 years. It is a power to do everything short of actu- lar humanism, although equivalent to delicate balance that the Istook ally declaring a State religion, or to in- a religion, is passed off as being neutral amendment threatens to destroy. volve those bureaucrats in shaping the with respect to spiritual beliefs, and I want to make one point this morn- moral and religious lives of our chil- yet too often used to fill the void by ing, a quite simple and straightforward dren. forced exclusion of other beliefs. point: the prohibition against State- Many supporters of this constitu- This is indeed a problem deserving sponsored religious exercises in our tional amendment have been irate at our close attention, but the approach country protects not only civic life but the way some schools teach American through this constitutional amend- also, and more importantly, religious history, but they are perfectly willing ment is not the solution. I was a co- life. Mr. Speaker, it is no accident that to delegate to those same schools the sponsor of the original version of the a long list of religious communities right to guide a child’s religious edu- amendment, but after serious reconsid- and religious organizations are lined up cation. eration, especially after the original in opposition to the Istook amend- This amendment, Mr. Speaker, version was changed, I now am unable ment. makes a radical departure from our to vote for it. Amending the First Amendment to current constitutional framework. The The basic problem is that our courts permit the State establishment of reli- First Amendment now prohibits any are filled with judges that have no un- gion is a threat to our constitutional ‘‘law respecting an establishment of re- derstanding or concern for the con- democracy, to be sure, of which free- ligion.’’ The rewrite we have before us stitutional principles of original in- dom from religious coercion is a cor- today would narrow that to prevent tent, the doctrine of enumerated pow- nerstone. But even more, it is a threat government only from establishing any ers, or property rights. As long as that to religious faith and practice. official religion. Anything short of es- exists, any new amendment to the Con- Mr. Speaker, religious liberty is not tablishing an official church which fa- stitution will be likewise abused. just freedom from coercion. vors one religion, that of the majority, This amendment opens the door for Religious liberty is also freedom for over all others, would be allowed under further abuse. Most of those who sup- the leading of the spirit, freedom to this amendment. port this amendment concede that, follow and obey God’s will. Roger Wil- The amendment says, ‘‘The people’s quoting the authors of the amendment, liams, colonial America’s foremost pro- right to recognize their religious be- ‘‘Because government is today found ponent of religious liberty, understood liefs, heritage, or traditions on public everywhere, this growth of government that the prohibition against the estab- property, including schools, shall not has dictated a shrinking of religion.’’ lishment of religion was more about be infringed.’’ ‘‘The people’s right,’’ This is true, so the solution should be protecting the church than it was that is a collective term, not an indi- to shrink the government, not to fur- about protecting the State. Religious vidual right; a radical departure from ther involve the Federal Government freedom protects communities of be- our constitutional tradition. on how States and school districts use lievers, it protects the lonely con- What does it mean? It means that the their property. science of the prophet, it protects the people, ‘‘the people,’’ the majority, ei- This amendment further enables the faithful individual. ther by referendum or through council Federal Government to do more mis- Mr. Speaker, central to our Christian action or action of a local legislative chief. The only solution is to shrink and Jewish and Muslim traditions is body, a town council, a school board, a the government and raise a new gen- the notion that we stand under God’s city council, could mandate that par- eration of judges and Congressmen who judgment, that we are not to identify ticular religious symbols, Presbyterian understand the constitutional prin- our power and our program with God’s in one area, Catholic in an area, Mus- ciples of original intent, the doctrine will, that we are all sinners and in need lim in a third, Centurian in a fourth, of enumerated powers, and property of forgiveness. That is central to all of must be prominently placed in every rights. If we do this, the First Amend- our religious traditions. schoolroom, in every courtroom, and ment, freedom of religious expression, Religious faithfulness is a struggle. that every litigant must do his case in will be protected. It is not something that we lay hold of front of that religious symbolism, even Another recourse, less complicated easily or that someone in authority if it offends his conscience, and every than amending the Constitution, is for can achieve for us. The life of faith is child in every classroom, likewise. Congress to use its constitutional au- a struggle for an individual and a com- We can see evidence in the world thority to remove jurisdiction from the munity that cannot and must not be today of the terrible harm which comes courts in the areas where the courts dictated or directed by the State. It is in the government meddling in reli- have been the most abusive of free ex- a struggle in which we must engage gious affairs, of allowing some in the pression. Unfortunately, this amend- with freedom, as God gives us the light community to use the government to ment encourages a government solu- to find the right way. further their religious goals. tion to the problems by allowing the That is what religious freedom is Mrs. MYRICK. Mr. Speaker, I yield 3 Federal Government and Federal about, and it is mainly for religious minutes to the gentleman from Texas courts to instruct States and local reasons that we must defend the First (Mr. PAUL). school districts on the use of their Amendment and rebuke those who June 4, 1998 CONGRESSIONAL RECORD — HOUSE H4075 would put the State’s power behind er than have these religion-free zones problems than it answers, and it poten- particular religious beliefs or prac- in public buildings, public institutions, tially threatens the stability of this tices. The Istook amendment threatens whereby if we say anything that is reli- Nation. not only civil liberty but also religious gious, we are the perpetrator of some Do we want to be Bosnia? Do we want faithfulness, and for that reason we horrible crime, rather than somebody to be Northern Ireland? Do we want to should defeat it today. who is trying to take everyday life to be India and Pakistan and have a nu- Mrs. MYRICK. Mr. Speaker, I yield 3 a higher level so that we can acknowl- clear war over religious issues? Vote no minutes to the gentleman from Geor- edge a Creator and a Higher Being. on this amendment. gia (Mr. KINGSTON). I believe if we ask ourselves those Mrs. MYRICK. Mr. Speaker, I yield 3 Mr. KINGSTON. Mr. Speaker, I questions, we are going to realize that minutes to the gentleman from Califor- thank the gentlewoman from North this amendment is not going to solve nia (Mr. ROHRABACHER). Carolina for yielding me the time. all the problems; the current situation Mr. ROHRABACHER. Mr. Speaker, I Mr. Speaker, I want to get back to we have does not solve all the prob- rise in strong support of the Istook something the previous speaker said lems, but we have to continue to sup- amendment. about the Supreme Court’s making a port religion as a country and in pub- Let me say that I have been con- statement that they never came out lic. cerned in recent years that in our soci- against school prayer. That was not Mr. Speaker, I urge my friends and ety there seems to be a great deal of the case at all. If we look at the Engel fellow Members to support the Istook legal pressure on our people not to ex- v. Vitale case in 1962, a pertinent por- amendment. press their religious convictions. And I tion of this debate was when Engel Mr. FROST. Mr. Speaker, I yield 2 know that some people honestly are stated, and I quote, ‘‘Neither the fact minutes to the gentleman from Oregon afraid that some religion might be im- that the prayer may be (Mr. DEFAZIO). posed on someone officially, and I denominationally neutral nor the fact Mr. DEFAZIO. Mr. Speaker, this is a think that is what is motivating this. that its observance on the part of the very perilous path we tread. No one But what has really happened, the students is voluntary can serve to free knows where this will lead, this vague- outcome of this is the nature of our so- it from the limitations of the establish- ly worded amendment, not even the ciety has changed in that, before, our ment clause, as it might be from the most well-intentioned supporter. There Founding Fathers thought that the ex- free exercise clause of the First are more unanswered questions than pression of religious faith was a very Amendment, both of which are opera- there are answered questions. positive thing. This is something that tive against the State by virtue of the There is a presumption of whose reli- worked to the benefit of our country 14th Amendment.’’ gion it will be, and that presumption throughout our history. It gave a solid So clearly there is a case where the even goes further. It is a presumption foundation to the young people of our Supreme Court has said that even vol- that it will be a Christian religion, and country because people, whether it was untary prayer is a problem in terms of it is a presumption on the part of many the President of the United States on their interpretation of the Constitu- that it will be their form of Christian down, we have ‘‘In God we trust’’ right tion. Because of that, because of their religion. That is not set by this. It can over here in Congress. These expres- extreme approach on this, I do support be any cult claiming to be a religion. sions were seen as benevolent and posi- this rule and the Istook amendment. Mr. Speaker, that happened to my tive things in our society. I think one of the questions, as we State. We have a 20-day voter cutoff in But, in recent years, we have seen get bogged down here, and clearly, Mr. our State because a cult, the the phrase ‘‘separation of church and Speaker, this is not a black and white Rajneeshis, tried to take over a school State,’’ by the way, which is something issue, there are some grays in this board, and we were afraid they would that is not in our Constitution. That issue, and I echo the words of the gen- bus people in from outside the State to phrase is not in the Constitution. It is tleman from Texas (Mr. PAUL), a lot of take over that school board and impose ‘‘the establishment of a religion’’ is the these items boil down to the size of their cult on the children of that rural phrase that is within the Constitution. government, an intrusive Washington town. That would be allowed under this But that phrase of ‘‘separation of command-and-control, one-size-fits-all amendment. church and State’’ has been used to government approach to everything We will fight a pitched battle, com- justify all kinds of legal pressures and and every solution. munity by community, county by restrictions on Christians and Jews and I still think some of these things do county, State by State, over where the other people of religious faith from ut- have to be handled on a local level. I tax dollars will flow because this al- tering their belief. think it does not harm society to have lows tax dollars to flow to private reli- This is wrong. This is wrong, and the some local decisions on things like gious activities and institutions. And only people who are being imposed this. some support that. Despite the des- upon are not people who do not believe But we do have to ask ourselves a perate straits of our public schools, in religion or God, but the people who bigger question. We can all play lawyer some support that. are being imposed upon are the people here today. It is clear, listening to the But, guess what? This amendment of religious faith, whatever that faith debate, that everybody is trying to be also in all probability allows for the may be. lofty and historical and so forth. But first time in our history the taxing of Mr. Speaker, worse than that, we let us just ask ourselves some basic religious institutions. Now, I think have now evolved into a society where questions: Is society better served by many who support the tax dollars for Jesus Christ can be taken and can be having a religious society? Is it more private religious schools will be aghast put into a bottle of urine and called art good or more harmful to have a prayer when they receive a tax bill for their and it can be subsidized with tax dol- at graduation? Is it more good or previously-exempt institutions. lars. With people who are sincerely harmful to have a prayer at a football There are those who are proposing Christian, this is a violation of their game? that somehow this is an answer to the sacred beliefs when they complain they violence in our schools. I live in are being told this is separation of b 1130 Springfield, Oregon. No one is closer church and State and they cannot have If a child comes into school and her today to that question than I am. And anything to say about that. mother is sick and a student suggests, those who bring forward the simplistic But we actually subsidize a tax of as the students get concerned and show answer that if we only had had an es- these people’s religion while, at the concern, can they bow their heads and tablished prayer in that school, a very same time, if somebody wants to put a pray for the young lady’s mom, is that conservative town that I live in, that manger scene in front of city hall dur- harmful? I think if we look at the we would not have had that violence, ing Christmas season, they are told, measure of the results of this, that it that is an insult. oh, no, that is separation of church and would be more helpful to have a more Mr. Speaker, this is a complex prob- State. religious society, one that is tolerant lem which goes to many things. This is The Istook amendment I think goes and one that respects each other, rath- not a simple solution. It raises more back to what our country is based on. H4076 CONGRESSIONAL RECORD — HOUSE June 4, 1998 It is not separation of church and ment of Education has said we have re- itual values from secular affairs. In State. No one wants to impose religion ligious freedom. My wife teaches in fact, I believe strongly that private on someone else. What we are talking public school. I have given prayers at morality and public conscience must about, the basis of our country is free- football games. We have Bible studies. guide the formation of our Nation’s dom of religion. Freedom of religion, We have prayer every morning in our public policy. But no one individual or especially freedom of religious expres- public school around the flagpole. We individual religion may be permitted sion. And that is what the Istook have prayer in our schools. It is not the to impose one set of religious beliefs on amendment is all about. prayer that the school board wants the the rest of us. We have got all of our priorities hay- students to say, because that is what The American people do not want wire here. We are now justifying the the Constitution never said. It is pray- this Congress telling them how and separation of religious utterances when er that our students want on their own, when to pray. In fact, this amendment it is a benevolent thing and has been that their parents provide them the is entirely unnecessary. Although the throughout the history of our country. guidance. Supreme Court has upheld the separa- Mr. Speaker, I support the Istook Mr. Speaker, that is why we should tion of church and State, the Court has amendment and the rule. oppose this amendment. We have pray- also clearly stated that all American Mr. FROST. Mr. Speaker, may I in- er in the schools right now. Let us not citizens are free to exercise their reli- quire of the time remaining on each make it worse by the Istook amend- gious beliefs in public schools. side? ment. In the words of President Clinton: The SPEAKER pro tempore (Mr. Mrs. MYRICK. Mr. Speaker, I yield 1 Schools are not religion-free zones. LAHOOD). The gentleman from Texas minute to the gentleman from Califor- Students can pray privately and indi- (Mr. FROST) has 51⁄2 minutes remaining, nia (Mr. ROHRABACHER). vidually whenever they wish. They can and the gentlewoman from North Caro- Mr. ROHRABACHER. Mr. Speaker, say grace before lunch. They can form lina (Mrs. MYRICK) has 41⁄2 minutes re- the gentleman from Texas (Mr. GREEN) religious clubs and those clubs can and maining. just mentioned about yelling from the should be treated like any other extra- Mr. FROST. Mr. Speaker, I yield 2 corner about one’s religious convic- curricular activity. And students read- minutes to the gentleman from Texas tions. The fact is that we respect the ing to themselves have every right to (Mr. GREEN). right of people to raise their voice and read the Bible or any other religious Mr. GREEN. Mr. Speaker, I thank shout about political things and we re- text they want. the gentleman from Texas (Mr. FROST), spect people’s rights to raise their So what would this amendment my colleague on the Committee on voice and shout about religious things change? Well, it could allow public tax Rules, for yielding me this time to as well. dollars to be spent on religious schools, stand today to oppose this rule. Certainly we do not want people to shifting scarce resources from public Mr. Speaker, I asked for an amend- get in somebody else’s way, nor do we schools and setting up competition ment to be considered last night in the want to force somebody to participate among faiths. It would allow manda- Committee on Rules because I share in a chant. But I think that again dem- tory prayers in schools, and it could some of the concerns of the proponents onstrates the sort of haywire priority allow a local school board to endorse of this amendment, although I oppose that we have here. That, yes, people certain religious traditions and ignore the Istook amendment. The amend- have religious convictions and they others. ment I asked for would actually go fur- have a right to express it, but all of a Mr. Speaker, there is a reason this ther toward what Thomas Jefferson, sudden there seems to be this pressure amendment is opposed by most of the George Mason and James Madison had on religious people not to make these churches, synagogues, and religious or- said and used in a lot of our State Con- public utterances. There is nothing ganizations in the United States, in- stitutions, to make sure we do have wrong with someone shouting out for cluding the National Council of the freedom of expression. But the Com- the glory of God, if that is how they Churches of Christ, the Baptist Joint mittee on Rules said, no, we cannot im- feel. Committee, the American Jewish Com- prove on this except for one case of- Mr. GREEN. Mr. Speaker, will the mittee and the Presbyterian Church of fered by the gentleman from Georgia gentleman yield? the USA. I want to say, Mr. Speaker, as a (Mr. BISHOP). Mr. ROHRABACHER. I yield to the woman of the Jewish faith, my per- Mr. Speaker, I am opposing this rule gentleman from Texas. and opposing the Istook amendment. It Mr. GREEN. Mr. Speaker, I have no sonal religion and the right to pray is is hard to stand up here, Mr. Speaker, problem with that. They have that important to me and my family and to do that because my religious beliefs right. But they do not have the right to that is why I oppose this amendment. are really important to me and my stand up in an algebra class and do it. b 1145 family. We do not need to wear them But they have the right to pray on Mr. FROST. Mr. Speaker, I yield my- out here on the floor of the House to their own. And so we have to have self such time as I may consume. talk about how important religion is to some reasonableness applied to it. We My great grandfather came to this our family and to us individually. have prayer in the public schools now. country fleeing religious persecution in I seem to remember growing up in Mr. ROHRABACHER. Mr. Speaker, the Old World. He was a peddler in East Sunday school and in church as always reclaiming my time, but they do not Texas. I would like to quote from the part of my life and learning that we do have a right to have a little group grandson of a peddler from Arizona not need to yell from the street corners meeting of that. that some Members on the other side our religion, that we should go into a Mr. FROST. Mr. Speaker, I yield 2 will recognize, the late Senator Barry room and pray on our own and not nec- minutes to the gentlewoman from New Goldwater. essarily have to do it like we are doing York (Mrs. LOWEY). In 1994, when Senator Goldwater was it today. (Mrs. LOWEY asked and was given asked about his views on a school pray- So people of faith can stand up here permission to revise and extend her re- er amendment, he replied, and oppose this amendment, even marks.) It is a waste of time. There is nothing in though I heard in a special order the Mrs. LOWEY. Mr. Speaker, I rise in the law that says people can’t have a mo- other night one of my colleagues, the strong opposition to this constitu- ment of silence in schools to do what they gentleman from Georgia, who said tional amendment. Freedom of religion want, pray or cuss someone out. there is a special place in hell for Jus- and freedom from religious coercion Barry Goldwater was a very wise tices and Members of Congress who op- has been at the core of American de- man. I did not agree with him on every pose this. Thank goodness he is not mocracy for over 200 years. I believe issue. He spoke his mind and he spoke making that decision. He is putting his that the first amendment has served it very clearly on this fundamental place in the place of God. all of us of every religion extremely issue of our Constitution and what That is why this amendment is well. should be done with our Constitution wrong. We need to have religious free- The separation of church and State and what should not be done with our dom. We have it right now. The Depart- does not require the separation of spir- Constitution. June 4, 1998 CONGRESSIONAL RECORD — HOUSE H4077 We do not need to alter the Bill of The previous question was ordered. Snowbarger Taylor (NC) Watts (OK) Solomon Thomas Weldon (FL) Rights. It has stood for 206 years and The SPEAKER pro tempore (Mr. Souder Thornberry Weldon (PA) served this country well. It would be a LAHOOD). The question is on the resolu- Spence Thune Weller mistake for us to pass the Istook tion. Stearns Tiahrt White amendment. The question was taken; and the Stenholm Traficant Whitfield Stump Turner Wicker I urge my colleagues to vote no when Speaker pro tempore announced that Sununu Upton Wolf this matter comes to the floor later the ayes appeared to have it. Tanner Walsh Young (AK) today. Mrs. MYRICK. Mr. Speaker, I object Tauzin Wamp Young (FL) Mrs. MYRICK. Mr. Speaker, I yield 2 to the vote on the ground that a Taylor (MS) Watkins minutes to the gentleman from Califor- quorum is not present and make the NAYS—169 nia (Mr. CAMPBELL). point of order that a quorum is not Mr. CAMPBELL. I thank the gentle- Abercrombie Gutierrez Mink present. Ackerman Harman Moakley woman for yielding me this time. The SPEAKER pro tempore. Evi- Allen Hastings (FL) Moran (VA) The amendment that we will be de- dently a quorum is not present. Andrews Hefner Nadler bating today provides for equal treat- Baldacci Hilliard Neal The Sergeant at Arms will notify ab- ment of discussion about religion, Barrett (WI) Hinchey Oberstar sent Members. equal to the treatment that we give for Becerra Hinojosa Obey The vote was taken by electronic de- Bentsen Holden Olver discussion on political matters. vice, and there were—yeas 248, nays Berman Hooley Owens The First Amendment protects polit- Blagojevich Hoyer Pallone ical speech under our Constitution. In- 169, not voting 16, as follows: Blumenauer Jackson (IL) Pascrell [Roll No. 196] Bonior Jackson-Lee Pastor deed, the Supreme Court has inter- Borski (TX) Pelosi preted the First Amendment as permit- YEAS—248 Boswell Jefferson Pickett ting students to speak on political Aderholt Foley McHugh Boucher Johnson (WI) Pomeroy matters even contrary to the policy of Archer Forbes McInnis Boyd Johnson, E.B. Poshard Armey Fossella McIntosh Brady (PA) Kanjorski Price (NC) the school board. I am thinking par- Bachus Fowler McIntyre Brown (CA) Kaptur Rangel ticularly of the case of Tinker v. Des Baesler Fox McKeon Brown (OH) Kennedy (MA) Reyes Moines during the Vietnam War. But it Baker Franks (NJ) Metcalf Capps Kennedy (RI) Rivers does not afford that same protection to Ballenger Frelinghuysen Mica Cardin Kennelly Rodriguez Barcia Gallegly Miller (FL) Carson Kildee Rothman students who on their own wish to dis- Barr Ganske Moran (KS) Clayton Kilpatrick Roybal-Allard cuss or raise issues about religion. Barrett (NE) Gekas Morella Conyers Kind (WI) Rush It is important under the First Bartlett Gibbons Murtha Costello Kleczka Sabo Amendment that we respect religion Barton Gilchrest Myrick Coyne Klink Sanchez Bass Gillmor Nethercutt Cummings Kucinich Sanders while we are not respecting an estab- Bateman Gilman Neumann Davis (FL) LaFalce Sawyer lishment of religion. The First Amend- Bereuter Goode Ney Davis (IL) Lampson Schumer ment reads that Congress shall make Berry Goodlatte Northup DeFazio Lantos Scott no law respecting an establishment of Bilbray Goodling Norwood DeGette Lee Serrano Bilirakis Goss Nussle Delahunt Levin Sherman religion, but it goes on to point out the Bishop Graham Ortiz DeLauro Lewis (GA) Sisisky importance of not prohibiting the free Bliley Granger Oxley Deutsch Lipinski Slaughter exercise of religion. Blunt Greenwood Packard Dicks Lofgren Smith, Adam The way that the law is today, the Boehlert Gutknecht Pappas Dingell Lowey Snyder Boehner Hall (OH) Parker Dixon Luther Stabenow Supreme Court has given greater pro- Bonilla Hall (TX) Paul Doggett Maloney (CT) Stark tection for political speech than it has Bono Hamilton Paxon Dooley Maloney (NY) Strickland for religious speech. Those of us who Brady (TX) Hansen Pease Doyle Manton Stupak Bryant Hastert Peterson (MN) Edwards Markey Tauscher support this amendment today are not Bunning Hastings (WA) Peterson (PA) Engel Martinez Thompson asking for any preference for religion. Burr Hayworth Petri English Mascara Tierney We are merely asking that the right of Burton Hefley Pickering Eshoo Matsui Torres the people to express their religion be Buyer Hill Pitts Etheridge McCarthy (MO) Towns Callahan Hilleary Pombo Evans McCarthy (NY) Velazquez given as much protection as the right Calvert Hobson Porter Farr McDermott Vento the people presently have to express Camp Hoekstra Portman Fattah McHale Visclosky their political point of view. Campbell Horn Pryce (OH) Fazio McKinney Waters Those who have expressed great con- Canady Hostettler Quinn Filner McNulty Watt (NC) Cannon Houghton Radanovich Ford Meek (FL) Waxman cern about amending the First Amend- Castle Hulshof Rahall Frank (MA) Meeks (NY) Wexler ment must also be responded to. I also Chabot Hunter Ramstad Frost Menendez Weygand share that concern. But what is wrong Chambliss Hutchinson Redmond Gejdenson Millender- Wise about using the constitutional process Chenoweth Hyde Regula Gephardt McDonald Woolsey Christensen Inglis Riggs Gordon Miller (CA) Wynn for amending the Constitution, which Clement Istook Riley Green Minge Yates we attempt to do here today? Clyburn Jenkins Roemer The Supreme Court has amended the Coble John Rogan NOT VOTING—16 Coburn Johnson (CT) Rogers Constitution regarding the First Brown (FL) Herger Spratt Collins Johnson, Sam Rohrabacher Clay McGovern Stokes Amendment at least 14 different times. Combest Jones Ros-Lehtinen Ensign Meehan Talent Condit Kasich Roukema The First Amendment says Congress Fawell Mollohan Thurman Cook Kelly Royce shall make no law respecting an estab- Furse Payne Cooksey Kim Ryun Gonzalez Skaggs lishment of religion or abridging the Cox King (NY) Salmon freedom of speech. The Supreme Court Cramer Kingston Sandlin has added, ‘‘except for speech that ad- Crane Klug Sanford b 1210 vocates the imminent overthrow of the Crapo Knollenberg Saxton Cubin Kolbe Scarborough ´ United States,’’ and ‘‘except for slander Cunningham LaHood Schaefer, Dan Ms. VELAZQUEZ and Messrs. and libel,’’ and ‘‘except for obscenity.’’ Danner Largent Schaffer, Bob BALDACCI, MEEKS of New York, and ‘‘Except for’’ added by the Supreme Davis (VA) Latham Sensenbrenner MANTON changed their vote from Deal LaTourette Sessions Court is every bit as much as an DeLay Lazio Shadegg ‘‘yea’’ to ‘‘nay.’’ amendment to the Constitution as Diaz-Balart Leach Shaw Mr. BAESLER changed his vote from what we propose today. Dickey Lewis (CA) Shays With these points in mind, I urge Doolittle Lewis (KY) Shimkus ‘‘nay’’ to ‘‘yea.’’ Dreier Linder Shuster support of the rule and support of the Duncan Livingston Skeen So the resolution was agreed to. amendment. Dunn LoBiondo Skelton The result of the vote was announced Mrs. MYRICK. Mr. Speaker, I yield Ehlers Lucas Smith (MI) as above recorded. back the balance of my time, and I Ehrlich Manzullo Smith (NJ) Emerson McCollum Smith (OR) move the previous question on the res- Everett McCrery Smith (TX) A motion to reconsider was laid on olution. Ewing McDade Smith, Linda the table. H4078 CONGRESSIONAL RECORD — HOUSE June 4, 1998 TICKET TO WORK AND SELF- Luther Petri Smith, Adam PERSONAL EXPLANATION Maloney (CT) Pickering Smith, Linda SUFFICIENCY ACT OF 1998 Maloney (NY) Pickett Snowbarger Mr. SKAGGS. Mr. Speaker, due to The SPEAKER pro tempore (Mr. Manton Pitts Snyder my son’s high school graduation I Manzullo Pombo Solomon LAHOOD). The unfinished business is Markey Pomeroy Souder missed 2 votes earlier today. Had I been the question of the passage of the bill, Martinez Porter Spence present for Roll Call 196, I would have H.R. 3433, on which further proceedings Mascara Portman Spratt voted ‘‘no,’’ and on 197 I would have Matsui Poshard Stabenow voted ‘‘yes.’’ were postponed. McCarthy (MO) Price (NC) Stark The Clerk read the title of the bill. McCarthy (NY) Pryce (OH) Stearns f The SPEAKER pro tempore. The McCollum Quinn Stenholm McCrery Radanovich Stokes b 1230 question is on the passage of the bill on McDermott Rahall Strickland which the yeas and nays are ordered. McHale Ramstad Stump PERSONAL EXPLANATION The vote was taken by electronic de- McHugh Rangel Stupak Mr. ROTHMAN. Madam Speaker, McInnis Redmond Sununu vice, and there were—yeas 410, nays 1, McIntosh Regula Talent yesterday on rollcall vote numbers 193, answered ‘‘present’’ 2, not voting 20, as McIntyre Reyes Tanner 194 and 195, I was detained in New Jer- follows: McKeon Riggs Tauscher sey attending my son’s band concert. McKinney Riley Tauzin [Roll No. 197] McNulty Rivers Taylor (MS) Had I been present, I would have voted YEAS—410 Meek (FL) Rodriguez Taylor (NC) ‘‘yea’’ on all three of these rollcall Menendez Roemer Thomas votes. Abercrombie Coyne Hansen Metcalf Rogan Thompson Ackerman Cramer Harman Mica Rogers Thornberry f Aderholt Crane Hastert Millender- Rohrabacher Thune Allen Crapo Hastings (FL) McDonald Ros-Lehtinen Thurman CONSTITUTIONAL AMENDMENT Andrews Cubin Hastings (WA) Miller (CA) Rothman Tiahrt RESTORING RELIGIOUS FREEDOM Archer Cummings Hayworth Miller (FL) Roukema Tierney Armey Cunningham Hefley Minge Roybal-Allard Torres Mr. CANADY of Florida. Madam Bachus Danner Hefner Moakley Royce Towns Speaker, pursuant to House Resolution Baesler Davis (FL) Herger Moran (KS) Rush Traficant 453, I call up the joint resolution (H.J. Baker Davis (IL) Hill Moran (VA) Ryun Turner Baldacci Davis (VA) Hilleary Morella Sabo Upton Res. 78) proposing an amendment to Ballenger Deal Hilliard Murtha Salmon Vela´ zquez the Constitution of the United States Barcia DeFazio Hinchey Myrick Sanchez Vento restoring religious freedom and ask for Barr Delahunt Hinojosa Nadler Sanders Visclosky its consideration in the House. Barrett (NE) DeLauro Hobson Neal Sandlin Walsh Barrett (WI) DeLay Hoekstra Nethercutt Sanford Wamp The Clerk read the title of the joint Bartlett Deutsch Holden Neumann Sawyer Waters resolution. Barton Diaz-Balart Hooley Ney Saxton Watkins The SPEAKER pro tempore (Mrs. Bass Dickey Horn Northup Scarborough Watt (NC) MERSON Bateman Dicks Hostettler Norwood Schaefer, Dan Watts (OK) E ). The joint resolution is con- Becerra Dingell Hoyer Nussle Schaffer, Bob Waxman sidered read for amendment. Bentsen Dixon Hulshof Oberstar Schumer Weldon (FL) The text of House Joint Resolution 78 Bereuter Doggett Hunter Obey Scott Weldon (PA) is as follows: Berman Dooley Hutchinson Olver Sensenbrenner Weller Berry Doolittle Hyde Ortiz Serrano Wexler H.J. RES. 78 Bilbray Doyle Inglis Oxley Sessions Weygand Bilirakis Dreier Istook Resolved by the Senate and House of Rep- Packard Shadegg White resentatives of the United States of America in Bishop Duncan Jackson (IL) Pallone Shaw Whitfield Blagojevich Dunn Jackson-Lee Pappas Shays Wicker Congress assembled (two-thirds of each House Bliley Edwards (TX) Parker Sherman Wise concurring therein), That the following article Blumenauer Ehlers Jefferson Pascrell Shimkus Wolf is proposed as an amendment to the Con- Blunt Ehrlich Jenkins Pastor Shuster Woolsey stitution of the United States, which shall be Boehlert Emerson Johnson (CT) Paul Sisisky Wynn valid to all intents and purposes as part of Boehner Engel Johnson (WI) Paxon Skeen Yates Bonilla English Johnson, E. B. the Constitution when ratified by the legis- Pease Slaughter Young (AK) latures of three-fourths of the several States Bonior Ensign Johnson, Sam Pelosi Smith (MI) Young (FL) Bono Eshoo Jones Peterson (MN) Smith (NJ) within seven years after the date of its sub- Borski Etheridge Kanjorski Peterson (PA) Smith (TX) mission for ratification: Boswell Evans Kaptur ‘‘ARTICLE — Boucher Everett Kasich NAYS—1 ‘‘SECTION 1. To secure the people’s right to Boyd Ewing Kelly Frank (MA) Brady (PA) Farr Kennedy (MA) acknowledge God according to the dictates Brady (TX) Fattah Kennedy (RI) ANSWERED ‘‘PRESENT’’—2 of conscience: The people’s right to pray and Brown (CA) Fazio Kennelly Mink Owens to recognize their religious beliefs, heritage, Brown (FL) Filner Kildee or traditions on public property, including Brown (OH) Foley Kilpatrick NOT VOTING—20 Bryant Forbes Kim schools, shall not be infringed. The Govern- Bunning Ford Kind (WI) Clay Gonzalez Meeks (NY) ment shall not require any person to join in Burr Fossella King (NY) Coburn Houghton Mollohan prayer or other religious activity, initiate or Burton Fowler Kingston Collins John Payne designate school prayers, discriminate Buyer Fox Kleczka DeGette Largent Skaggs against religion, or deny equal access to a Fawell McDade Skelton Callahan Franks (NJ) Klink benefit on account of religion.’’. Calvert Frelinghuysen Klug Furse McGovern Smith (OR) Camp Frost Knollenberg Gekas Meehan The SPEAKER pro tempore. Pursu- Campbell Gallegly Kolbe ant to House Resolution 453, the b 1229 Canady Ganske Kucinich amendment recommended by the Com- Cannon Gejdenson LaFalce So the bill was passed. Capps Gephardt LaHood mittee on the Judiciary printed in the Cardin Gibbons Lampson The result of the vote was announced joint resolution is adopted. Carson Gilchrest Lantos as above recorded. The text of House Joint Resolution Castle Gillmor Latham The title of the bill was amended so Chabot Gilman LaTourette 78, as amended pursuant to House Res- Chambliss Goode Lazio as to read: olution 453, is as follows: Chenoweth Goodlatte Leach A bill to amend the Social Security Act to H.J. RES. 78 Christensen Goodling Lee establish a Ticket to Work and Self-Suffi- Resolved by the Senate and House of Rep- Clayton Gordon Levin ciency Program in the Social Security Ad- resentatives of the United States of America in Clement Goss Lewis (CA) ministration to provide beneficiaries with Clyburn Graham Lewis (GA) Congress assembled (two-thirds of each House disabilities meaningful opportunities to Coble Granger Lewis (KY) concurring therein), That the following article work, to extend Medicare coverage for such Combest Green Linder is proposed as an amendment to the Constitu- beneficiaries, and to make additional mis- Condit Greenwood Lipinski tion of the United States, which shall be valid to Conyers Gutierrez Livingston cellaneous amendments relating to social se- all intents and purposes as part of the Constitu- Cook Gutknecht LoBiondo curity. Cooksey Hall (OH) Lofgren tion when ratified by the legislatures of three- Costello Hall (TX) Lowey A motion to reconsider was laid on fourths of the several States within seven years Cox Hamilton Lucas the table. after the date of its submission for ratification: June 4, 1998 CONGRESSIONAL RECORD — HOUSE H4079 ‘‘ARTICLE — of citing church attendance statistics of government will never be used to ‘‘To secure the people’s right to acknowledge to support their argument that there is compel any Americans under any cir- God according to the dictates of conscience: Nei- no problem with the free exercise of re- cumstances to participate in any reli- ther the United States nor any State shall estab- ligion in America. Although the first gious activities against their will. lish any official religion, but the people’s right amendment was certainly designed to House Joint Resolution 78 protects to pray and to recognize their religious beliefs, the right of the people to pray and to heritage, or traditions on public property, in- protect worship in a church, temple or cluding schools, shall not be infringed. Neither synagogue from governmental inter- recognize their religious beliefs, herit- the United States nor any State shall require ference, the protection afforded by the age or traditions on public property any person to join in prayer or other religious free exercise of religion in the first and prohibits government discrimina- activity, prescribe school prayers, discriminate amendment was intended to reach tion against religion. It also forbids the against religion, or deny equal access to a bene- much further than that. Yes, we are a denial by government of equal access fit on account of religion.’’. profoundly religious country, and we to a benefit on account of religion. The SPEAKER pro tempore. After 2 do enjoy great freedom in America All of these provisions are designed hours of debate on the joint resolution, today, but we must not be complacent to eliminate government hostility to- as amended, it shall be in order to con- while that freedom is eroded. ward religion and to recognize the his- sider the further amendment printed in Many State and Federal courts have toric role that religion has played in House Report 105–563 if offered by the misinterpreted the first amendment our life as a Nation. gentleman from Georgia (Mr. BISHOP) under the flawed notion that the Con- All too often, religious Americans of or his designee, which shall be consid- stitution requires a wall of separation all faiths find that their speech is cur- ered read and shall be separately debat- between church and State. By the wall tailed specifically because of its reli- able for 1 hour, equally divided and of separation, they do not mean that gious character. Under the prevailing controlled by the proponent and an op- the government should not interfere understanding of the first amendment ponent. with the freedom of churches and other in many quarters, there are scrupulous The gentleman from Florida (Mr. religious organizations. We all agree concerns to ensure that no person be CANADY) and the gentleman from with that principle. What they mean is exposed to any unwanted religious in- Michigan (Mr. CONYERS) each will now any religious influences should be re- fluence but woefully inadequate con- control 1 hour for debate on the joint moved from the public sphere. That is cern for the religious person whose ex- resolution. what the proponents of the wall of sep- pression of faith is not publicly toler- The Chair recognizes the gentleman aration contend. ated. from Florida (Mr. CANADY). Chief Justice William Rehnquist con- The first amendment was designed to GENERAL LEAVE demned the Court’s reliance on the foster a public sphere which gave reli- Mr. CANADY of Florida. Madam phrase ‘‘the wall of separation between gious citizens, as Madison described, Speaker, I ask unanimous consent that church and State’’ and said in a dis- the ability to participate equally with all Members may have 5 legislative senting opinion over a decade ago, their fellow citizens in public life with- days within which to revise and extend ‘‘The greatest injury of the wall notion out being forced to disguise their reli- their remarks on House Joint Resolu- is its mischievous diversion of judges gious character and conviction. tion 78. from the actual intentions of the draft- Another form of government-sanc- The SPEAKER pro tempore. Is there ers of the Bill of Rights. It is a meta- tioned discrimination, besides that af- objection to the request of the gen- phor based on bad history, a metaphor fecting speech, is the denial of benefits tleman from Florida? to religious organizations and individ- There was no objection. which has proved useless as a guide to uals. Mr. CANADY of Florida. Madam judging. It should be frankly and ex- The benefits provision of the reli- Speaker, I yield myself such time as I plicitly abandoned.’’ gious freedom amendment, greatly may consume. In an effort to satisfy this extra-con- Madam Speaker, today the House stitutional and extreme theory of sepa- misrepresented by some opponents of considers House Joint Resolution 78, ration of church and State, courts have this proposal, merely states that the the Religious Freedom Constitutional confused governmental neutrality to- government cannot use religion as a Amendment, a measure which responds wards religion with the concept of re- basis for preventing a qualified organi- to the public’s valid concern that cer- quired public secularism, thus moving zation or person from receiving govern- tain court rulings have been hostile to toward a public arena with no mention mental benefits. Public programs religion, have erected barriers to reli- or sign of religion at all. should be open to all who meet the ob- gious expression and exercise, and have The result of this distorted view of jective purposes of the program. Equal attempted to remove religious influ- the first amendment is that, wherever access does not mean equal funding. ences from the public arena. government goes, religion must re- Equal access simply means receiving a In the past 3 years, the Subcommit- treat, and in our time there are few fair chance. tee on the Constitution of the Commit- places government does not go. Thus, Contrary to the claims of its critics, tee on the Judiciary has held a total of religion is slowly being eliminated the religious freedom amendment does seven hearings in Washington and from more and more of our public life. not change the first amendment. The across the country examining the Religious liberty that can only exist first amendment, as written, needs no issues that are addressed by this in one’s private home is not true reli- improvement. Unfortunately, however, amendment. gious liberty. It is far removed from the first amendment, as interpreted by We conducted hearings in Harrison- the liberty the framers of the first the courts and as widely understood by burg, Virginia; Tampa, Florida; New amendment embraced. many governmental officials, has York City; and Oklahoma City, Okla- House Joint Resolution 78 seeks to strayed both with respect to the mean- homa. The subcommittee heard testi- correct this fundamental problem. It ing of the establishment clause and the mony from 74 witnesses. reaffirms that government may not es- free exercise clause and the relation- The record of our hearings is clear: tablish any official religion, and I ship between those two clauses. That is There is a fundamental and widespread would ask the Members to pay particu- what House Joint Resolution 78 is de- misunderstanding of what the Con- lar attention to that language in this signed to correct. stitution requires with respect to the amendment. This is an important part As we debate this proposal, I would prohibition on the government’s estab- of the amendment and, unfortunately, submit to the Members of this House lishment of religion. This misunder- a part that many of the critics of the that it is important that we all recog- standing is so significant and pervasive amendment seem to ignore. nize that people of good faith can dis- that a constitutional amendment The amendment also prohibits the agree on the merits of this particular promises to be the most effective government from requiring ‘‘any per- proposal. I understand that there are means of providing a meaningful rem- son to join in prayer or other religious some people who feel very passionately edy. activity and from prescribing school that this amendment is not the right Americans are a religious people, and prayers.’’ These provisions, taken to- public policy, and I can respect that, opponents of this amendment are fond gether, ensure that the coercive power although I vehemently disagree with H4080 CONGRESSIONAL RECORD — HOUSE June 4, 1998 their position. But I think it is also im- over 200 years in the form of the first prohibited. What is prohibited is mak- portant that we all recognize that amendment to the United States Con- ing those who want to pray pursuant to there is a problem that urgently de- stitution. Unfortunately, the words a different religion or not pray at all to mands our attention. that protect us from religious persecu- be subjected to someone else’s prayer. Now, today as we stand here in this tion, that is that Congress shall make In fact, a broad coalition of religious Chamber of the House of Representa- no law respecting an establishment of and civil liberties groups, including tives, the people’s House, we stand religion nor prohibiting the free exer- both proponents and opponents of the under the words ‘‘In God We Trust.’’ cise thereof, those words are under at- Istook amendment, prepared a docu- They are inscribed on the wall. I would tack by this proposed amendment. ment entitled ‘‘Religion in the Public submit to the Members of this House The language in the proposed amend- Schools: A Joint Statement of Current that, as we stand here under those ment ends the church-State separation Law’’ to make it clear that religious words, there is a problem when stu- by allowing religious groups to be di- expression is permitted in schools. dents in this country are told they can- rectly funded by the government. So Madam Speaker, we should not be not carry their Bibles to school, and what happens when the Catholics must misled by inaccurate anecdotes. The there is a problem when students in compete with the Baptists for limited proponents of H.J. Res. 78 often men- this country face the threat of being school funding? How much safer will tion incidents where children are told fined by a Federal judge if they men- society be if only people willing to they cannot bring bibles to school or tion God, so much as mention God, in practice certain religions are able to say grace before eating lunches. These a commencement speech. get treatment for drug addiction? are clearly permissible under current Now, things like that are happening Which religious groups would and law. in America today. The opponents of would not be funded? How safer will In fact, it is this kind of anecdotal this amendment will claim that many our schools be when children begin evidence, of a need for a constitutional amendment, that is misleading in large of the things that are happening that fighting over which prayers will be said part because most, if not all, of the ex- we find troubling can easily be cor- or which religious expressions should amples used by the proponents of this rected, but the fact of the matter is, or should not take place before each amendment result from misstatements there is a persisting pattern of these class day? How much better off will of fact or misinterpretations of current sorts of problems. We discovered that churches be once they become depend- law. in the hearings that were conducted by ent on government funding? this Subcommittee on the Constitution That is why we need to preserve our all across the country, where we heard b 1245 Bill of Rights. That is why we need to from so many different people who told Although the answers to these ques- join many religious groups in opposing of the personal experiences where they tions are not at all clear, we know for this amendment. Those groups include had been subjected to discrimination sure that, if this amendment is ever the American Baptist Churches, the simply because of their religious faith. ratified, the religious freedoms that United Church of Christ, the National Now, things like this are happening protect all Americans would be trans- Churches of Christ, the Presbyterian in America today, and it is simply not formed into a divisive manifestation of Church, the Episcopal Church, the right. It is an infringement of the free the very problems the first amendment Southern Leadership Conference, and exercise of religion, and it is an injus- was designed to protect us from. If the many other groups. Let us join these tice. amendment is ratified, it would reck- religious organizations to preserve reli- This amendment, which is before the lessly disrupt the religious tranquility gious freedom by opposing this attack House today, gives this House an op- that we have, that we have appreciated on our first amendment. Mr. CANADY of Florida. Madam portunity to protect the free exercise for hundreds of years. Speaker, I yield 8 minutes to the gen- of religion and to put an end to the in- This amendment strips the individual tleman from Oklahoma (Mr. ISTOOK), justices that are being done in the of his or her right to pick his or her the sponsor of the amendment under name of the first amendment. I urge own prayer or to practice his or her consideration. my colleagues to support this proposal. own religion without having to subject Madam Speaker, I reserve the bal- Mr. ISTOOK. Madam Speaker, I rise their beliefs to the manipulation or in- ance of my time. not only on behalf of myself but over Mr. SCOTT. Madam Speaker, I yield terference by arrogant majorities. 150 Members of this body who are co- myself 5 minutes. I am specifically referring to the lan- sponsors of the Religious Freedom Madam Speaker, this constitutional guage in the proposed amendment’s Amendment because we are tired of amendment would have dire con- first sentence. The effect of this lan- seeing what the Supreme Court has sequences if ever ratified. As a former guage would be to overturn the Su- done to change the first amendment. member of the Virginia General As- preme Court cases on religious expres- We cherish the first amendment of the sembly, I take great pride in Virginia’s sion and schools. Nothing in this United States of America. It has been religious freedom tradition. This coun- amendment would stop schools or attacked and twisted and warped by try’s very first religious freedom stat- classrooms from choosing by majority the U.S. Supreme Court. ute was drafted by Thomas Jefferson vote to actively recite certain prayers For some people who say, oh, all and enacted by the Virginia General or express certain religious beliefs that these problems can just be corrected Assembly in response to a failed sys- are most popular in the school or class- with a phone call, before I even talk tem of government-sanctioned reli- room. about some of the Supreme Court deci- gious practices very similar to that So what happens to the losers of sions, let me tell my colleagues the which would occur if this amendment these popularity contests? That is why story of Zacharia Hood, a first grader is ratified. the National Education Association in Medford, New Jersey. The mistakes made and corrected in and the American Federation of Teach- He was told, because they had a read- Virginia became the foundation for the ers oppose this amendment, because of ing contest in school, you get to read religious freedoms included in the the potential disruption that will occur the story you want to, to class. He said United States Constitution, and it is when 40 percent of the students are not great. He said, I want to read this story because of our Bill of Rights that we able to express their beliefs while they about two brothers that reunited after have enjoyed centuries of peace, free are subjected to the beliefs other than being apart. He wanted to read the from the religious divisions that con- their own. This amendment will not story of the reunion of Jacob and Esau tinue to mar the lives of millions of encourage religious freedom; and, in from his copy of the Beginners Bible. people across the globe. fact, it invites religious divisiveness. The story does not even mention the H.J.Res. 78 is touted by its supporters Despite the assertions of this amend- word God. But his teacher said, oh, hor- as a restorer of religious freedom. ment’s proponents, school prayer is rors. We have been told there is separa- Nothing could be further from the alive and well. It is often said that, as tion of church and State. You cannot truth. long as there are math tests, there will read it. First of all, we already have religious be prayer in public schools. In fact, This disappointed six-year-old told freedom. This freedom has existed for children praying in school is not now his parents, and they tried making June 4, 1998 CONGRESSIONAL RECORD — HOUSE H4081 these phone calls. No good. They tried As in several of these cases I have Ms. PELOSI. Madam Speaker, I rise going to the school and the school cited, they were 5/4 decisions. One of in opposition to the Istook resolution board. No good. They said, this is an them was the graduation prayer case. I because I cherish the first amendment. infringement on religious liberty; we want to read what four Supreme Court Under the First Amendment, students and are going to exercise our right in court. justices wrote about prayer in this citizens are not prohibited from the opportunity The Federal judge, just a few months case, which was Lee v. Weisman (1992). for religious expression. Students are free to ago, said, oh, no, under all these cases Justices Rehnquist, Scalia, White, pray privately or at school. Constitutional pro- from the U.S. Supreme Court, the and Thomas wrote this about the prop- tections now are sensitive both to the needs of schools can tell us we cannot read a er interpretation of the first amend- those who practice various religions, and to story from the Beginners Bible no mat- ment, had the Supreme Court not gone those who choose to remain silent. It should ter what it says or does not say; that, awry. They said, ‘‘Nothing, absolutely be quite telling that scores of religious organi- rather than the first amendment, all nothing, is so inclined to foster among zations are strongly opposed to this legisla- they pay attention to is what some- religious believers of various faiths a tion. body said. Oh, it is separation of toleration, no, an affection for one an- First amendment protections on expression church and State. other than voluntarily joining in pray- of religious beliefs are available, have served What does that mean? As the gen- er together to the God whom they all our country well for many years and are ap- tleman from Florida (Mr. CANADY) said, worship and seek. Needless to say, no propriate to allow religious expression to thrive it has been condemned, using that one should be compelled to do that. without improper government interference. We phrase as a substitute for what the But it is a shame to deprive our public have not had to be worried about government Constitution really says and was culture of the opportunity and, indeed, favoritism of a particular religion or of conflict meant to say. The Chief Justice of the the encouragement for people to do it between religious organizations for govern- U.S. Supreme Court, the one that is voluntarily. The Baptist or Catholic ment resources. This legislation would change sitting right over there in the Supreme who heard and joined in the simple and all that. Court chambers right now, has said inspiring prayers of Rabbi Gutterman This amendment is an extreme attempt to that is wayward. That is wrong. That was inoculated from religious bigotry dismantle the protections so carefully drawn diverts people from knowing what the and prejudice in a manner that cannot between church and state. I urge my col- Constitution really is and what it is be replicated. To deprive our society of leagues to protect the religious freedom of all supposed to be. that important unifying mechanism in in our nation and oppose this unnecessary Yet, that Supreme Court, with him order to spare the nonbeliever what harmful legislation. dissenting and with a number of other seems to be the minimal inconvenience Mr. SCOTT. Madam Speaker, I yield judges dissenting, has embarked upon a of standing or even sitting in respectful 11⁄2 minutes to the gentlewoman from pattern of attacking people and saying, nonparticipation is senseless.’’ California (Mrs. CAPPS). if we are trying to express a prayer, That is what we say in the Religious Mrs. CAPPS. Madam Speaker, I rise same way we started Congress, but if Freedom Amendment: It is senseless to in opposition to this resolution. we are trying to express a prayer on say that everyone else must be Today, I speak as the product of two public property, we are going to be lim- censored and silenced because someone generations of Lutheran clergy and as ited. We are going to be restricted. chooses to be intolerant. Prayer is not an active member of my congregation. Other things, hey, do what we want. divisive. Prayer is unifying. What is di- I speak also as a life partner of your They protected Nazi Swastikas on pub- visive is for people to teach that we former colleague, Walter Capps, a pro- lic property. They have protected burn- should not respect the prayer of an- fessor of religious studies for over 30 ing crosses. Supreme Court decisions. other person or that we should not re- But in 1962, they said, even when it is years at the University of California. spect prayer in general. If you teach Last year, my husband, Walter, made voluntary, for children during the your children that, shame on you. But school day to pray together is against a strong statement in opposition to if we want people to be united, give this legislation; and I quote him in the Constitution. them the chance to come together and In 1980, they said, if the 10 Command- part from the statement. He said, ‘‘I express things positively. believe I understand what the framers ments is posted on the wall of a school, The Religious Freedom Amendment it is unconstitutional, because students of this amendment have in mind, but I does that. No compulsion. Government truly believe that the consequences of might read them and might obey them. cannot dictate anything. Government what this amendment does will place Imagine, in an era when guns, knives, cannot say we must pray. Government religion not in freedom but in bondage and drugs are common in public cannot tell us what our prayer must be. and under great threat. If we imperil schools, we are told the 10 Command- But government has to get out of the religion in this country, we undermine ments is not welcome if not permitted. censorship business. In 1985, the law from the State of The Pledge of Allegiance is the prop- indispensable articles of faith. Indeed, Alabama said we can have a moment of er standard. The Supreme Court has we commit grave injustices to the life silence; and one of the many purposes ruled, in the late 1940s, no one can be of the human spirit.’’ to which you can apply this, if we compelled to say the Pledge of Alle- As a school nurse for over 20 years, choose, is silent prayer. The Supreme giance. I agree. But they did not per- my concern is what this bill would do Court said, nope, that is unconstitu- mit someone who did not want to say in our schools. For example, it would tional to permit silent prayer. it to censor and stop the rest of the permit students to use the school In 1992, they said, to have a minister, students in that classroom who did intercom to lead captive classroom au- in this case it was a Jewish Rabbi, to want to join together. diences in prayer, creating a host of come and speak at a school graduation That is the proper standard for pray- troubling questions, such as whose was unconstitutional because there er in public schools. If we want to do it, prayer will be prayed? might be some students there that it is permitted. If we do not want to, I firmly support the current constitu- would disagree with the prayer, and we do not have to. But we do not have tionally protected role of religion in they would not want to be expected to the right to shut people up and censor our schools. Students can now pray and be respectful with something with them just because we choose to be read the Bible privately, say grace at which they disagree. That is what the thin-skinned and intolerant when lunch, distribute religious materials to Supreme Court said; fortunately, not someone else is trying to express their their friends, and join voluntary reli- all of them. faith. gious clubs. What we are doing today in the Reli- I urge support of this amendment. The Religious Freedom Amendment gious Freedom Amendment is taking Mr. SCOTT. Madam Speaker, I yield would go much further and turn public what the justices who disagreed with as much time as she may consume to schools into arenas of religious coer- the rest of them, taking what Supreme the gentlewoman from California (Ms. cion and conflict. In short, the Istook Court justices said ought to be the pol- PELOSI). amendment is unneeded and would icy, what the intent was of the Found- (Ms. PELOSI asked and was given harm religious liberty in America. It is ing Fathers, and we have put that into permission to revise and extend her re- contrary to the heritage of religious the Religious Freedom Amendment. marks.) freedom in this country. H4082 CONGRESSIONAL RECORD — HOUSE June 4, 1998 I urge a ‘‘no’’ vote on this bill. after this school-sponsored prayer, with so many people, constitutional Mr. CANADY of Florida. Madam come home and simply hug their moth- scholars and others. I want to also Speaker, I yield 2 minutes to the gen- er or hug their father and say, ‘‘Mom, thank the committee for their hard tleman from North Carolina (Mr. I honor you,’’ just like the Ten Com- work. JONES). mandments say, I just might vote for This is a good piece of legislation. Mr. JONES. Madam Speaker, I rise this. For 150 years we in this Nation under- today in support of the Religious Free- But let us really think, outside of the stood and we practiced a restraint of dom Amendment, and I commend my constitutional context, what will real- government against the pattern that good friend, the gentleman from Okla- ly happen to children across America? we had seen, our Founding Fathers had homa (Mr. ISTOOK) for introducing this Let us think about those thin-skinned seen and found aberrant in so many important legislation. children that the sponsor spoke of, other cases where governments im- America was founded on Judeo-Chris- that courageous young child that will posed religion on people. tian principles, and the Founding Fa- be in a high school football game after Our Founding Fathers understood thers, therefore, took steps to ensure this one-size-fits-all prayer is said by that the role of the government in this that the individual’s freedom of reli- the majority will of the students, and right, as in all other human rights, was gion would always be protected. Unfor- since when is our First Amendment de- to recognize and honor and appreciate tunately, recent trends have infringed termined by majority will? There is no that these rights are given to man by on this important freedom, and chil- such thing as majority will built into God Almighty, and that it is the role of dren and adults nationwide are finding the First Amendment. But that is what the State to protect those rights. that their rights have been suppressed. we will have. But beginning in the fifties and then b 1300 What will that young, courageous in the sixties, we saw what anybody I think that the Founding Fathers child be subjected to, that thin-skinned that had any common sense under- would be sorely disappointed. Today we child? They will be humiliated. They standing of personal liberty and reli- have the opportunity to ensure that will be scorned. In the worst-case sce- gious conviction would understand to Americans are once again able to free- nario, they will be beaten up and in- be bizarre decisions made in the courts, ly express their religious beliefs by volved in fights. Why? Because they and sometimes, in fact, in regulations passing the Religious Freedom Amend- had the courageousness of their convic- by the Federal Government. ment. The amendment does not in- tions to say that one of the most beau- For example, in San Francisco, after fringe on anyone’s rights. It simply tiful things about being an American is 63 years, a cross that had stood in a protects the individual’s right to pray that no matter how powerful or influ- public place was declared unconstitu- and to express his or her religious be- ential a person or a group is, you can- tional, while in nearby San Jose, lief. In my opinion, it is the key to re- not tell me how to pray, and you also $400,000 of taxpayers’ money was used storing true religious freedom in Amer- cannot tell me to sit down or shut up, to erect a statue to an ancient Aztec ica. and do it respectfully, while somebody God. In closing, please allow me to share else tells me how they are going to In April last year a minister was ar- an excerpt from a 1995 article by Jeff pray at their school, at their com- rested by police for praying on the Jacoby about the Founding Fathers’ mencement. steps of the Supreme Court. In 1988, a sentiments on religion and freedom: I love being an American. I cherish South Carolina man was told by his In linking religion to American liberty, being an American, because as an county government to stop his weekly Adams and Jefferson were not simply bowing American we have an opportunity to Bible study in his own home because it to the political correctness of their time, or say that we and our family will learn violated zoning ordinances. verbalizing empty sentiment that no one was religion the way our family wants it to Last year, a Florida student was sus- expected to take seriously. They were articu- be learned. We have an opportunity to pended for handing out religious lit- lating a core principle of American nation- pray or not pray the way our families erature before and after school hours. hood: Religious faith, and the civic virtues it have prayed for thousands of years, be- Two students in Texas were told by gives rise to, is as indispensable to a demo- cause of a thing called the Bill of their principal they could not wear cratic republic as freedom of speech or the their rosaries, because he thought it right to own property. Religion can survive Rights. in the absence of freedom, but freedom with- The Bill of Rights is not determined meant they were part of a gang; and out religion is dangerous and unstable. by the majority, it is not determined maybe they were, part of God’s gang. I urge my colleagues to remember by a political whim, it is determined by But rosaries? the wisdom and wishes of our Founding the greatness of our Founders; that lit- An elementary student received a Fathers, and to take steps to ensure tle children will have the opportunity zero because she wrote a thesis on her that free expression of religion once to stand and pray as they choose, with- hero, and her hero happened to be again reigns in America. Support the out consideration of whether the Jesus, and that offended somebody. A Religious Freedom Amendment. school said they sponsored it or not district judge was told by another Mr. SCOTT. Madam Speaker, I yield sponsored it, and without the consider- court that he could not display the Ten 3 minutes to the gentleman from Flor- ation of whether they happen to be in Commandments in his courtroom. And ida (Mr. WEXLER). the majority or the minority. in Stowe, Ohio, recently, a court or- Mr. WEXLER. Madam Speaker, I rise Do not, do not change the Bill of dered a cross removed from its seal, as with great trepidation to oppose a bill Rights. Do not change the First had happened in Edmond, Oklahoma. It or a resolution that purports to restore Amendment. It is one of the things took a congressional action to block religious freedom, but this bill does that makes this country so great, and proposed Federal regulations which nothing of the sort. which most Americans cherish until would have regulated what on-the-job If I thought for one moment, one mo- they will have the opportunity not to, workers could or could not mention ment, that thousands of American if this amendment were in some way about religion. teenagers, because of a 15-second or a passed today. Nobody, nobody with any common 30-second school-sponsored prayer, Mr. CANADY of Florida. Madam sense can believe that it is the role and were going to stop taking drugs or stop Speaker, I yield 3 minutes to the gen- the function or legitimately acceptable being involved in teen relationships or tleman from Texas (Mr. ARMEY), the by agencies or courts of the Federal stop using alcohol, I might vote for majority leader. Government to impede people’s ability this bill. Mr. ARMEY. Madam Speaker, I to practice their faith in their home, in If I thought for one moment that a 2- thank the gentleman for yielding me their school, in their job, as long as minute prayer exercise at a commence- the time. they do so freely and voluntarily. That ment program is going to take guns Madam Speaker, I want to first com- is what this is about. It is about re- out of the hands of kids across Amer- pliment my friend, the gentleman from spect. It is about respect for any person ica, I might just vote for this. Oklahoma (Mr. ISTOOK). The gentleman of any faith in this Nation to be pro- If I even thought that thousands of has spent so many long hours, so many tected, and their right and their ability kids in America would come home days working on this, and working to express that faith. June 4, 1998 CONGRESSIONAL RECORD — HOUSE H4083 We protect the American people in gious rights, like any other club or Also, the F that was received because many ways, in many ways that are im- group. There are over 10,000 religious someone wrote on the topic of Jesus portant to us: our fortunes, our fami- clubs in America, and I think that is a Christ, both the Federal court and ap- lies, our health, our safety, our secu- good thing. I think they ought to exer- peals court found that the F was not rity, our nourishment. Is not our faith, cise their rights on school property. because of the religious discrimination each and every one of us, individually, But as we used to say when I was in but, quote, her refusal to comply with separately, and in our own way, as im- law school, the exercise of your right the requirements of the teacher, in- portant a dimension of our life as our stops at my doorstep. I do not believe cluding changing her paper topic with- food, shelter, clothing, nourishment, we should have a system that infringes out permission and choosing a topic health? on my rights so you can exercise your which she was already familiar with, Does this government not have even rights. I urge us to reject this amend- and the assignment was to do some- more so a sacred responsibility to pro- ment. It is well-intentioned, but it is thing they were not already familiar tect the practice of religion, and to re- wrong and it is unworkable. with. strain itself from prurient impulses, Mr. GOODLATTE. Madam Speaker, I The first amendment already pro- derived out of thinking that can be yield 11⁄2 minutes to the gentleman tects the student’s right to address re- called nothing other than sophistry, to from Alabama (Mr. RILEY). ligious topics in homework if relevant repress people’s practice of their faith? Mr. RILEY. Madam Speaker, a gov- and otherwise complying with the as- It is time we set this straight. In doing ernment that silences its people and signment. so, we will have the ability to under- denies them their religious beliefs Madam Speaker, I yield 2 minutes to stand the faith of our Founding Fa- should be considered nothing less than the gentlewoman from Connecticut thers, the decency to respect it, and oppressive. We would expect this be- (Ms. DELAURO). the courage to require it for our chil- havior from a nation where freedom is Ms. DELAURO. Madam Speaker, for dren. neither respected nor revered. We more than 200 years the Bill of Rights Mr. SCOTT. Madam Speaker, I yield would expect it in a nation where the has protected our liberties and has 2 minutes to the gentleman from Mary- Almighty is the state and faith is a served as an example to the world of land (Mr. WYNN). dirty word. However, we would never how democracy can work. The United Mr. WYNN. Madam Speaker, I thank expect this in the United States. States is the most religiously diverse the gentleman from Virginia for yield- Nevertheless, with increasing hos- and the most religious Nation in the ing time to me. tility and insensitivity, our courts world. Madam Speaker, I rise today to op- have systematically stripped us of our Fifty percent of Americans go to pose this amendment. I recognize that First Amendment right to the basic church at least once a week or more. in opposing this amendment, that and fundamental right of religious ex- Our religiosity, our religious quality there are good intentions on both sides. pression. It is time we reversed this makes us a strong Nation. The separa- I am the grandson of the chairman of trend of suppressing religious expres- tion of church and State spelled out so the deacon board, and I strongly be- sion. It is time we pass a new constitu- eloquently in the Bill of Rights by our lieve in prayer. This is the graduation tional amendment that retains and Founding Fathers has allowed people season. I have spoken to a lot of stu- strengthens the Constitution’s original with very, very diverse views to live to- dents about the importance of spir- intent. gether in peace and to flourish for hun- ituality and faith in their lives. But Government should neither compel dreds of years. But now for the first the fact remains that despite its good nor control religious expression. We time in our Nation’s history we have intentions, this amendment will not must pass this amendment so no other an amendment that would change the work, and will in fact lead to an in- generation will ever be deprived of its Bill of Rights. fringement on the rights of others. constitutional right of religious expres- Children can pray in school right now I had the opportunity to discuss this sion due to some extreme and overly any time they like, so long as the pray- amendment with the sponsor, who is zealous Supreme Court justices. er is not organized by the school. They very sincere and well-intentioned. But Mr. Speaker, a 5 to 4 majority in to- can hold a prayer group, a Bible study when we got to the fine points of how day’s court should never overrule 220 class during lunch, recess or study hall this would be implemented, when we years of constitutional authority. If or in a classroom at the end of the day. got away from the general language we this amendment passes, it never will They can close their eyes and they can all agree on, we came down to some again. pray silently right at their desk or any fundamental questions, questions such Mr. SCOTT. Madam Speaker, I yield time that they wish. And, yes, they can as who decides on what day who gets to myself 1 minute. even pray before a math test. pray for how long, and who gets a turn? Madam Speaker, I would respond to a There are Bible clubs and prayer What about the satanists? Do they get couple things that have been said. Sev- clubs all over this country. The Istook a turn? Personally, I do not think I eral anecdotes have been given, and I amendment would jeopardize that free- should be subjected to that, nor should think we need to respond to them a lit- dom and dangerously politicize reli- my child be subjected to that. tle as we go. gion. This amendment would, for the This is not philosophy. This is not a One suggested that a student could first time in our Nation’s history, question of exposing people to other not read the Bible in class. The court allow for government-sponsored reli- philosophies. This is religion. Religion held in that case that the student gion. It would allow for the imposition is a very personal, perhaps the most could read the Bible all he wanted, but of government into our citizen’s pri- personal of all rights and all beliefs. could not proselytize religion to a cap- vate religious beliefs. It would allow People have the right to protect that tive audience. It also concerned itself town councils to set an official prayer. and not be exposed. They have the with what would happen if other stu- It would allow government to fund reli- right not to hear or be forced to hear dents wanted to practice the same free- gious activities. beliefs with which they disagree. This dom in religions that their parents That is why we have such a broad co- is not an academic exercise. This is re- were not interested in having them lis- alition of mainstream religious groups ligion, this is faith. ten to. who oppose this amendment: The Na- We have in our current system the tional Council of Churches of Christ in b ability to pray in schools, not just be- 1315 the U.S.A.; the Presbyterian Church, cause of math exams. We have the So that was the holding in that case. U.S.A.; the Episcopal Church; the right to pray before school, during Not that they could not read the Bible, United Church of Christ; the United lunchtimes, after school. The Depart- but they could not read it to a captive Methodist Church; the Evangelical Lu- ment of Education has issued regula- audience and they did not want other theran Church in America; the Reli- tions making it clear that students can religions being given the same, all reli- gious Action Center of Reformed Juda- say grace, students can meet in reli- gions including Satanism and every- ism, and many others. gious groups, students can use all thing else, being given the same free- Madam Speaker, I urge my col- school facilities to exercise their reli- dom. leagues to support religious freedom. H4084 CONGRESSIONAL RECORD — HOUSE June 4, 1998 Support the flourishing of religion in the knowledge and tolerance that can Mother Teresa was once quoted as America in the proud tradition fostered be gained from the sharing of our reli- saying that, by the first amendment. Support the gious histories. We should once again Prayer is needed for children. Children Bill of Rights and vote against the embrace our Nation’s diverse religious need to learn to pray, and they need to have Istook amendment. heritage, not reject it. their parents pray with them. Mr. GOODLATTE. Madam Speaker, I I urge my colleagues to vote in sup- Madam Speaker, I recognize that the yield myself 3 minutes. port of this important amendment. vote that we cast here today, the way Madam Speaker, I rise in strong sup- Mr. SCOTT. Madam Speaker, I yield we vote today will come under rigid po- port of House Joint Resolution 78, the myself 30 seconds to respond to one of litical scrutiny. I commend those who, Religious Freedom Amendment offered the things that was said. like Paul, remain unmovable and by the gentleman from Oklahoma (Mr. Madam Speaker, in ‘‘Wallace v. unshakable in our abounding belief in ISTOOK). I would like to commend the Jaffree’’ the Court held that the gov- the Constitution as it now stands. gentleman for offering this much-need- ernment may give objective instruc- I will cast my vote to uphold the ed constitutional amendment. tion about religion in public schools Constitution as it now stands. I would Madam Speaker, in the last few dec- and provide for religiously neutral mo- encourage my colleagues to do like- ades courts throughout the United ments of silence, permit students to wise. States have twisted the traditional un- engage in private, nondisruptive prayer Mr. GOODLATTE. Madam Speaker, I derstanding of the first amendment to during the school day, and impose no yield 3 minutes to the gentleman from require the government to favor the barrier to organized, student-initiated Pennsylvania (Mr. PITTS). nonreligious over the religious. The religious clubs under the Equal Access Mr. PITTS. Madam Speaker, first of courts have pitted the Constitution’s Act. That is a 1985 decision. all, I want to thank Mr. ISTOOK for his establishment clause against the free Madam Speaker, I yield 21⁄2 minutes leadership on this issue; and I want to exercise clause rather than reading to the gentlewoman from Indiana (Ms. commend him for being willing to them as equal parts of the same first CARSON). change his proposal from last session. amendment. This misinterpretation Ms. CARSON. Madam Speaker, I need He has put some new safeguards in has led to the government, whether it no sanction from the United States there. It sounds as if some of the Mem- be through teachers, judges or public Congress to confirm my abiding faith bers are arguing against his proposal officials, placing barriers on all types and do not need congressional author- from last session and that they have of religious expression. ity to pray when and where I desire. not read this one. The unanimous Declaration of Inde- Abusive courts are using the first Frankly, it is quite unfortunate that pendence of July 1776 says that when in amendment as the club to drive any- we must even have this debate today the course of human events, to para- thing with even the slightest religious here in America, the most free country phrase it, it becomes necessary to exer- overtone out of the public sphere. Reli- of the world. Yet it has come to the cise a vote of solemn conscience to up- gious expression now enjoys no more point that a primary aspect of our free- hold and defend the Constitution, a de- protection in our culture than obscen- dom, our right to practice the religion cent respect to the opinions of man- ity or libel. According to the courts, of our choice, is no longer afforded to kind requires a declaration of the flag burning is protected by the first everyone. causes which impel the stand, that amendment, pornography is protected We are talking here about free speech vote, in the service of the oath of this by the first amendment, but posting protection for students; and we are high office of our Congress. Our vote to the Ten Commandments on a public talking about student-initiated, not uphold what our forefathers so elo- school wall is not. teacher-initiated, not government, not Madam Speaker, where is the com- quently wrote, that Congress shall school-sponsored prayer, but vol- mon sense? Religious expression, the make no law respecting an establish- untary, student-initiated right to free one form of expression specifically ment of religion or prohibiting the free religious speech. Just as they have pro- carved out for protection by the first exercise thereof. tection on political speech or philo- These are the very first words of the amendment, is the one form of expres- sophical speech, they should have the very first change of the fundamental sion under the heaviest attack. We right to the protection for religious document at the root, the base of our clearly have a problem in this country speech. scheme of government: the first when children are told they cannot What we have proclaimed throughout amendment to the United States Con- sing Christmas carols or Chanukkah the world now must be practiced here stitution. in the United States. Madam Speaker, songs at school, when students in our Much has been said in support of this the Religious Freedom Amendment is schools are not allowed to have open proposal to amend, that it will redress needed today to correct and clarify 36 prayers, even observe moments of si- and resolve a crisis endangering reli- years of Supreme Court decisions lence. gious freedom. It is also urged that our The Religious Freedom Amendment which have warped the plain and sim- moral decline or even school gun vio- does not amend the first amendment, it ple meaning, original meaning, of the lence will be arrested by amending the restores it. This amendment merely re- Constitution as far as religious rights Constitution. Yet crisis often helps states the understanding of our Found- being protected under the first amend- faith to flower. In this time of asserted ing Fathers and the vast majority of ment are concerned. crises our citizen of all walks of life are the American people today that gov- The Religious Freedom Amendment everywhere engaged in religious pur- ernment should protect the religious simply states that individuals in this suits, praying, worshipping, building freedom of its citizens, not infringe land have a constitutional right to ac- churches, helping those less fortunate upon it. knowledge God according to the dic- to find comfort and faith and nourish- The Religious Freedom Amendment tates of their conscience. It states spe- ment. protects the rights of Americans to ex- cifically, and I quote, ‘‘neither the The crisis that was the life of cruel press their religious views in the same United States nor any State shall es- deprivation suffered by so many who way that Americans currently enjoy tablish any official religion,’’ end worked so hard and gave so much to the right to express nonreligious views. quote. Yet although the United States make America so great worked won- It does not permit the government to cannot establish an official religion, ders in the creation of our Nation, and compel prayer to occur or to compel neither should it prevent its people religious worship survived and came to participation in religious activities. It from this free exercise; and that is why flourish. simply permits prayer or other reli- There is written in the book of Mat- people of all faiths can support this gious activity to occur on a voluntary thew: amendment. This amendment would in no way in- basis among those individuals who But thou, when thou prayest, enter into choose to participate. thy closet, and when thou has shut thy door, fringe on an individual’s rights to pray Madam Speaker, as Americans, we pray to thy Father which is in secret; and or not to pray. The amendment would, should encourage the open expression thy Father which seeth in secret shall re- however, support the opportunity that of our many religious backgrounds and ward thee openly. people in this country have to practice June 4, 1998 CONGRESSIONAL RECORD — HOUSE H4085 their beliefs and even to recognize RFA suggests that any action beyond and I know it works, and that is why it their religious heritage or traditions ‘‘acknowledgment’’ or ‘‘recognition’’ of is uncomfortable to be opposing it be- on public property. God may be in violation of establish- cause I worry, just like my colleague Even though the Religious Freedom ment. from Indiana, that the Istook amend- Amendment allows students to initiate b 1330 ment goes much further and does school prayer explicitly, it does not things that maybe they do not realize. permit the government or its agents to Indeed, the entire amendment is Frankly, we already have prayer in dictate that a prayer be given or dic- prefaced on the mere right to ‘‘ac- our schools. My district, I have a num- tate any contents of a prayer. Schools knowledge.’’ Does this mean that 30 ber of public school districts in my dis- should be able to simply permit prayer, years from now we will be told by the trict and my wife is a high school voluntary prayer, to occur, much like Supreme Court that mentioning the teacher. She has been teaching since that which is practiced in this body, Bible or wearing a cross or crossing 1969. She teaches math. And in the last right here in this Chamber. oneself is prohibited by the RFA be- 3 years, ever since the Department of The Religious Freedom Amendment cause it goes beyond acknowledgment Education sent out their guidelines, follows the same standard which the and into the particular? Does this ‘‘Dear Superintendent,’’ I have this Supreme Court applied to the Pledge of mean that school prayers which go be- here, if there is a school board member Allegiance. That is, no student can be yond simple recognition will be forbid- or administrator that is watching compelled to take part, but those who den? What about worship? today or if some Members want this, do not want to participate are not per- Time will tell. Or maybe, I should they need to ask the Department of mitted to censure and silence those say, a future Supreme Court will tell. Education, August 10, 1995, where it who do. The First Amendment is not the prob- takes the guidelines from the court Madam Speaker, this goes to the lem. The Constitution is not broken. I opinions and where we do have prayer heart of the first amendment rights. It do not believe that the RFA will re- in our schools. goes to the heart of who we are as a store true religious freedom in Amer- At my wife’s high school, Aldine people in America. We are, after all, ica today. High School, there is Bible study for one nation under God. Mr. GOODLATTE. Madam Speaker, I teachers on their own time. It is vol- Therefore, Madam Speaker, I urge yield 1 minute to the gentleman from untary. In the mornings, around the the Members to support this amend- Texas (Mr. SMITH). flag pole, that is one of those 10,000 at ment which would practice freedom of Mr. SMITH of Texas. Madam Speak- my wife’s high school, 10,000 student religion, not freedom from religion. er, I thank the gentleman from Vir- groups around the country have the Mr. SCOTT. Madam Speaker, I yield ginia for yielding me the time. ability to pray every morning volun- 2 minutes to the gentleman from Indi- I support the religious freedom tarily. There is not an administrator, ana (Mr. HOSTETTLER). amendment, and I thank my friend, the there is not a teacher there, but it is (Mr. HOSTETTLER asked and was gentleman from Oklahoma, for intro- organized. given permission to revise and extend ducing the legislation. For 200 years I have been honored for a number of his remarks.) our Constitution was interpreted as al- years to give prayers at our football Mr. HOSTETTLER. Madam Speaker, lowing for the free expression of reli- games because in the district my kids I rise in reluctant opposition to the gion. It was not until 1962 that a liberal went to school in, we have four high amendment, and I thank the gen- Supreme Court changed Thomas Jeffer- schools. Obviously, in Texas football is important so we obviously pray for a tleman from Virginia (Mr. SCOTT) for son’s meaning of the wall of separation yielding me this time. between church and State. win. But I have been honored to do. We Madam Speaker, I have two principal The right to free speech is one of the have prayer at our schools. I worry the objections. most highly revered rights in our Con- Istook amendment goes much further First of all, this amendment legiti- stitution, but the Constitution does than we want. The Washington Post on May 7, an mizes the Supreme Court’s application not protect freedom from religion. It article talked about in public schools, of the establishment clause of the first guards against having one religion im- religion thrives. We have religious ex- amendment to the States. posed on us all. The drafters of the pression in the public schools. That is I should note that it was not applica- First Amendment did not intend to bar why it is so important that we defeat ble to the States from 1791 through religious speech and actions. This the Istook amendment today. amendment requires that those who ex- 1947. In fact, many States had estab- Mr. SCOTT. Madam Speaker, could lished religion at our Nation’s found- press their religious beliefs receive the the Chair advise us of the time remain- ing. Massachusetts, for example, paid same treatment as those who express ing? the salaries of the Congregational min- nonreligious views. The SPEAKER pro tempore (Mrs. isters in that State until 1833, 42 years For instance, it will prohibit dis- EMERSON). The gentleman from Vir- crimination against student religious after the ratification of the first ginia (Mr. GOODLATTE) has 291⁄2 minutes amendment. groups and provide them the same op- remaining, and the gentleman from Indeed, it was proposed but rejected portunities nonreligious groups now Virginia (Mr. SCOTT) has 38 minutes re- by Congress to directly apply the reli- enjoy. This amendment will allow pub- maining. gious clauses of the first amendment to lic prayers to be offered but it will not Mr. GOODLATTE. Madam Speaker, I the States. require any student to participate. A yield 11⁄2 minutes to the gentleman In 1876, 8 years after ratification of single student will no longer be able to from California (Mr. CUNNINGHAM). the 14th amendment, Congress consid- silence the prayers of others. Mr. CUNNINGHAM. Madam Speaker, ered a constitutional amendment in- I urge my colleagues to support the religion is important to every single troduced by Senator James Blaine of religious freedom amendment. Member in this House. I think that this Maine. The Blaine amendment read, Mr. SCOTT. Madam Speaker, I yield is a real healthy debate because Mem- quote, ‘‘no State shall make any law 2 minutes to the gentleman from Texas bers on both sides of the issue have respecting an establishment of religion (Mr. GREEN). concerns. or prohibiting the free exercise there- Mr. GREEN. Madam Speaker, I My friend, the gentleman from Vir- of,’’ end quote. This amendment was thank my colleague from Virginia for ginia (Mr. SCOTT), I would say that debated at length and defeated in the yielding time to me. when it comes to not shying away from Senate. I rise in opposition to the Istook being religious or right, the Black Cau- Madam Speaker, if this amendment amendment. It is uncomfortable to be cus, regardless if we agree on fiscal is ratified, our States will forever lose opposing it because I think a lot of issues or not, always stand out in front their ability to define the appropriate Members on both sides of the aisle, on for their beliefs. I laud especially the level of public expression of religion. both sides of this issue, feel uncomfort- Black Caucus. For that they take sec- My second objection to the amend- able in talking about prayer because ond to no one in this body. I think be- ment is in its apparent definition of prayer has often been such a private cause of those reasons and those con- ‘‘establishment.’’ The language of the matter. I believe in the power of prayer cerns, I think this is a healthy debate. H4086 CONGRESSIONAL RECORD — HOUSE June 4, 1998 But there has been, my concern is this amendment seeks a couple of ther side of this issue because people of that there have been abuses. My wife is things: basically to permit and to guar- faith are on both sides of this issue. a principal in an elementary school. I antee a right to pray in schools and, I believe in prayer. I believe in God. do not think it is wrong to be able to secondly, to afford equality of treat- I believe in the importance of prayer. have a Christmas tree at Christmas, ment between faith-based social serv- But I do not believe that the best thing but at the same time I do not think it ice providers and treat them the same to do is to amend the Constitution of is wrong to celebrate Hanukkah or any as secular ones. the United States. other religion. So reduced to its simplest terms, this Can children pray in school? They When I was dean of a college, one of amendment provides more free speech are praying every day. They can pray my staff members, his name was by removing prayer in a public space quietly or silently at any time. Bow Mostafa Arab, he was on the Shah’s from the list of constitutionally forbid- your head right now, if you want, and Gold Cup soccer team, came to me and den conduct. It recognizes the value to say a prayer to your Lord. They can said, ‘‘Can I pray to my God at the our society, as the founders and fram- say grace. They can go to a prayer club school?’’ And his God happened to be ers did, of religiously-based providers like thousands are now in schools. Allah. I said absolutely. Would I want of social services. Madam Speaker, my faith, I want to him to conduct lessons in the Koran? So it expands free speech. It does not get personal for a minute, comes from No. But if he wanted to offer a prayer narrow it. It restores free speech to the my heart. I seek, and I know many do, prior to an event, I would say yes. original dimensions that we find in the God in many ways, and we each find Maybe that is why this is so much of Declaration of Independence, where him in our own way through our par- a problem, is that people do not know God is mentioned four times. That ents, through our churches, through what is yes, what is no. But there have must drive some people crazy when our community groups, through our been abuses. I support the Istook they go by the Archives, knowing that pain, through our joy, through our amendment because I think it clarifies in that building is the Declaration of many errors. That is how we find God. our position. Let us clear up the abuses Independence, our country’s birth cer- I take comfort in Matthew, Chapter 6 and support the freedom of religion. tificate, that talks about the Creator and Verse 6, ‘‘and when thou prayest, Mr. SCOTT. Madam Speaker, I yield and nature and nature’s God in four pray to thy father in private and he 1 minute to the gentleman from Texas different places. It certainly would not shall hear you.’’ I think those are im- (Mr. BENTSEN). pass muster with the Supreme Court portant words because that is the pray- (Mr. BENTSEN asked and was given today. er that the Lord hears. So this expands free speech and seeks permission to revise and extend his re- Madam Speaker, I have great respect to correct constitutional distortions marks.) for everyone in this Chamber, men and that have crept into our jurisprudence Mr. BENTSEN. Madam Speaker, I women devoted to their government as a result of a series of misbegotten rise in opposition to this proposed con- and to doing right. But with all due re- stitutional amendment, which is in the court decisions. Now, our Nation, we all agree, was spect, I want this Chamber writing guise of expanding religious freedom founded by people searching for free- laws, I want us writing budgets, I want but will actually narrow religious free- dom. The First Amendment, properly us writing resolutions. I do not want dom for all Americans. interpreted, guarantees the free exer- politicians writing my children’s pray- First, there is simply no need for this cise of religion and at the same time ers. Let my children find God as we all legislation because the First Amend- prohibits the government from estab- must find God, through ourselves and ment to the Constitution already pro- lishing a religion or showing any pref- our churches and our communities and tects religious freedom and expression, erence toward any sect or particular our parents and our upbringings and including in our public schools and religious faith. The aggressive secular- our many experiences. public institutions. But I think more ism that now constitutes our establish- I urge a ‘‘no’’ vote on this amend- importantly I am in some respects of- ment was never intended by those who ment. fended by what this amendment seeks drafted and who ratified our Constitu- b 1345 to do. tion. Mr. SCOTT. Madam Speaker, I yield I deeply value the role that religious It is unfortunate that we must amend 1 minute to the gentleman from Flor- and moral beliefs have in shaping the the Constitution to repair the damage ida (Mr. DAVIS). history of this Nation and they con- done to our liberties by foolish and ill- Mr. DAVIS of Florida. Madam Speak- tinue to have today. As a person of considered interpretations of the Con- er, I rise in strong opposition to this faith I personally believe that it is my stitution by the Supreme Court, but amendment. It is both unwise and un- obligation and right to pass on these this is the situation we find ourselves beliefs to my children as I see fit, and in today. Basic liberties are being in- necessary. as do millions of parents across the fringed because of judicial wrong- We have heard time and time again country. headedness and, frankly, secularist anecdotal evidence from the pro- But I abhor the belief that the State bias. ponents of this amendment. That evi- should usurp my authority as a parent Today we must seek to restore the dence only highlights the need to set to make such a choice, and that is ex- equality and genuine neutrality with the record straight as far as what the actly where this amendment is headed. respect to religion that inspired our establishment clause currently allows I am offended by those who would seek founders and framers. Neutrality to- in the United States Constitution. to impose their will on my children ab- wards religion, not hostility, is the There were hearings held on this sent my consent. Each of us is less free ideal we seek. That is what the Reli- issue as identified in the committee re- when a government is given the power gious Freedom Amendment is intended port. One of them was held in my to intrude upon this right. to repair. hometown of Tampa in which some I oppose the amendment, and hope This amendment preaches more than children were under the misunder- my colleagues would do the same. mere tolerance. It says equal protec- standing they could not carry their Bi- Mr. GOODLATTE. Madam Speaker, I tion of the law applies to religious ex- bles to school, which of course is incor- yield 5 minutes to the distinguished pression with the same force as it does rect. gentleman from Illinois (Mr. HYDE), to secular expression. In a word, it Our focus here should be on educat- chairman of the Committee on the Ju- preaches equality. ing principals, teachers, parents and diciary. This is not a perfect vehicle, but it students about what rights they cur- (Mr. HYDE asked and was given per- makes a statement that I share and am rently enjoy to protect their religious mission to revise and extend his re- proud to associate myself with. freedom in schools. The United States marks.) Mr. SCOTT. Madam Speaker, I yield Department of Education has issued Mr. HYDE. Madam Speaker, I appre- 2 minutes to the gentleman from West guidelines which clearly state that stu- ciate being given this opportunity to Virginia (Mr. WISE). dents have the opportunity to volun- talk on this very important issue. Es- Mr. WISE. Madam Speaker, I do not tarily pray privately and individually sentially stripped of all the verbiage, question the sincerity of anyone on ei- in school, to say grace at lunchtime, to June 4, 1998 CONGRESSIONAL RECORD — HOUSE H4087 meet as religious groups on school areas. Not the parents or anything Mr. LEVIN. Mr. Speaker, under the grounds, and to read the Bible or any else. We had a lot of minority. We first amendment, individuals have a sa- other religious text during free class would go into their churches when they cred right to religious expression. Stu- time or study hall. These are rights we would have times when they were dents have the right to pray, read the should jealously protect. called to preach and so forth. We would Bible, initiate prayer clubs, and dis- This amendment has the opposite ef- all just kind of converge on the church- tribute religious materials. fect. It will introduce the government es of our members. The constitutional amendment be- into policing and refereeing the com- Then all of a sudden people started fore us would go far beyond the first peting faiths among children in our complaining. Well, what church is be- amendment by sanctioning organized schools. Far from clarifying the reli- hind this? Or how much is the school prayer and display of religious sym- gious freedoms of Americans, this paying for this? We had to prove these bols. Instead of guaranteeing religious amendment would lead to greater con- things and prove these things. freedom, this amendment would actu- fusion, more court cases, and further Then came a letter one day and it ally burden the religious rights of indi- misinterpretation by schools and the said, ‘‘If you don’t stop this, we’re viduals. courts. Is this body ready to endorse going to take your school to court.’’ Questions like this are presented by the taxpayer funding of religious We had to stop it. the amendment: Which prayer? What schools? Are we here today voting to Now, the reason I am here is to tell symbols? What happens to those whose allow judges to lead a courtroom or a you that I could not answer the ques- prayer and symbols are not included? jury inprayer before a trail? And ulti- tion that came by phone after that. How is everyone’s religious freedom mately, are we endorsing public school One of the athletes, he was not a very served by this amendment which would prayers over public address systems? If good athlete, but he was an athlete allow a particular prayer to be orga- so, how can we possibly accommodate which qualified him for this organiza- nized, broadcast over the school inter- the diversity of faiths that exist in our tion, called me and said, ‘‘Mr. DICKEY, com and participated in by a teacher or society without so diluting the tell me, are we going to have FCA next other administrator. prayer’s content that it becomes a wa- week?’’ I said no. The first amendment protects the tered-down, homogenized recitation? He said that he had heard that. He balance necessary to ensure individual That indeed would trivialize religion said, ‘‘How about the week after that?″ religious freedom. This constitutional and ignore the robust tradition of reli- ‘‘No,’’ I said, ‘‘we’re not.’’ amendment jeopardizes that balance so gion and diversity which has enriched And he said to me a question that I carefully crafted by the founders of our and strengthened our Nation for over cannot answer. He said, ‘‘Why not? Constitution. Their wisdom prevails to 200 years. What have we done wrong?″ I tried to this day and should not be rejected by We do not need to inject the govern- answer him but I could not. passing this amendment. ment into this very intensely personal What I hope this amendment will do Mr. SCOTT. Mr. Speaker, I yield 11⁄2 and private exercise on the part of each and what I trust this amendment will minutes to the gentleman from Mary- individual. We need to use those rights do will answer that young man so that land (Mr. HOYER). we have, and we need to defeat this we can have organizations like this Mr. HOYER. Mr. Speaker, I thank amendment. across the Nation. the gentleman for yielding me this Mr. GOODLATTE. Madam Speaker, I Mr. SCOTT. Madam Speaker, I yield time. The Founding Fathers recognized yield 2 minutes to the gentleman from 1 minute to the gentleman from Wash- that faith in God was critical to this Arkansas (Mr. DICKEY). ington (Mr. MCDERMOTT). Nation and any Nation. Indeed, they Mr. DICKEY. Madam Speaker, there Mr. McDERMOTT. Madam Speaker, said our inalienable rights were God- is a story that comes from Pine Bluff, if you listen to this debate, you would given, not by the State, not by the Arkansas, that explains why I am for think that if you oppose this amend- king, but God-given. this amendment and want to speak for ment, you are against religion. Noth- Mr. Speaker, I believe that no gov- it at this time. ing could be further from the truth. ernment on earth is powerful enough to Some 8, 10 years ago, there was an or- Many of us who are believers or have a exclude my God from any place that a ganization called the Fellowship of belief do not wear it on our shirt. My person of faith raises their voice to Christian Athletes at Pine Bluff High belief is that if it ain’t broke, we don’t pray to my God. I believe that faith is School. A minister had been over the need to fix it. This amendment fixes critical. years taking care of it. He got trans- something that isn’t broke. But I also believe like the Act of Re- ferred out. He could not find anybody, The thing that is most disturbing ligious Toleration, passed in Maryland no faculty member, nobody else. He about it is this. If you look around the in 1643 by a Catholic colony concerned came to a group of us adults and he world, at Northern Ireland, the Middle that the majority of Protestants in said, Would you all take over the Fel- East, South Asia, the Azerbaijanis and that colony would force them to prac- lowship of Christian Athletes and just the Armenians, all of those are reli- tice the Protestant religion rather kind of monitor it and see if you can gious-based conflicts. We have man- than the Catholic religion. continue to do the good that we have aged to avoid that in this country. Mr. Speaker, the concern here is to tried to do? We said yes. We have always had a party of fear. protect faith, to protect church, to pro- We met once a week during school. There was a party of fear called the tect those who choose to pray and who We would have prayer, we would pro- Know-Nothings, which was really the choose to worship in their own way. I vide prayer before ballgames, we would base of the Republican Party in the believe that the first amendment was get the kids at the ballgames to go get 1850s. They did not like Catholics and designed specifically for that purpose. the other kids after the game and those they did not like anybody who did not Roger Williams, indeed a Baptist like that wanted to would pray in the mid- speak English. So they did not like me, was an antecedent to the creation dle of the field, and we did those Germans and they did not like Irish of the first amendment. I believe that things. immigrants. That is the nature of this we do not need to amend this provi- We also did other things. We tried to debate. sion. But we do need to stress that raise funds in the community so that There is an exhibit opening in the Li- faith in God and raising our voices in we could go to national camp. At one brary of Congress today about the issue prayer continues to be one of the most time we sent 75 kids to national camp. of religion in this country. My belief is important things that Americans can They all got together and they sold dif- we ought to pay attention to Ignacius do. ferent things, car washes, and every- who said, ‘‘Give me a boy to the age of Mr. SCOTT. Mr. Speaker, I yield 1 thing else. We did things on the week- 6. After that, you can have him.’’ minute to the gentlewoman from Con- ends. We would have a hobo olympics You choose the prayer in his schools, necticut (Mrs. KENNELLY). on the weekends. No one objected to you affect his life. Mrs. KENNELLY of Connecticut. Mr. that. Mr. SCOTT. Mr. Speaker, I yield 1 Speaker, this Nation rests on a founda- But all of a sudden there started to minute to the gentleman from Michi- tion of religious liberty. None of our come in some objections from other gan (Mr. LEVIN). freedoms are more jealously guarded. I H4088 CONGRESSIONAL RECORD — HOUSE June 4, 1998 would urge my colleagues to approach not require. It does not proscribe or clause, the bells of religious liberty this amendment very cautiously, be- compel. It simply allows people to ex- ring in every corner of our Nation with cause it could very well undermine the ercise that most fundamental of human clarity, with harmony and without dis- freedom we so cherish. rights, the right to acknowledge their crimination. The truth is, this amendment is not God and their religious traditions and I urge my colleagues on behalf of all about religious freedom, which is al- beliefs in all places, according to the Americans to vote no on this issue. ready guaranteed in the United States dictates of their own consciences, not b 1400 of America. It is not about religious ex- just at home, behind closed doors, but Mr. GOODLATTE. Mr. Speaker, I pression in public places, which is per- in public places, on public property and yield 2 minutes to the gentleman from mitted under current law. in our schools. Florida (Mr. STEARNS). The amendment is about something Mr. SCOTT. Mr. Speaker, I yield 2 Mr. STEARNS. Mr. Speaker, I rise to else, about allowing one person’s reli- minutes to the gentleman from Con- lend my voice to allow every American gious commitment to encroach on an- necticut (Mr. SHAYS). citizen the fundamental right to ex- other’s, about letting a student prayer Mr. SHAYS. Mr. Speaker, I teach my press their religious faith on public leader use school microphones to lead daughter she can pray and anytime, grounds. The previous speaker from class prayer, or letting a judge lead ju- anywhere she wants, and my daughter Maryland, my good colleague, has indi- rors in prayer. does that. She has taught me a lot of cated that the States are starting to do I am deeply concerned about the im- things about prayer. My wife knows what we are trying to do here in Con- pact this amendment could have on she can pray anywhere she wants at gress. So the fever and the enthusiasm public education. This amendment any time. I urge my colleagues to rec- to have voluntary prayer is spreading could require public funding of nonpub- ognize that we already have this right. across this Nation already, and I think lic religious schools and shifting dol- All we need to do is fight for it. We do it goes to the heart of the matter that lars and resources from our public sys- not need to change the Constitution of we in Congress need to do this on a na- tem at a time when public schools are the United States. tional basis. literally crumbling and our education In a letter that was sent out to the In fact, in a recent poll in which vot- system is struggling to keep the re- Constituents of the gentleman from ers were asked about moral issues that sources in our classrooms and keep our Texas (Mr. EDWARDS) the Christian Co- are confronting this Nation, almost 70 students at pace. I urge my colleagues alition, said this amendment would percent agree that America needs a re- not to do this today. allow all Americans the freedom of re- ligious freedom amendment that would Mr. GOODLATTE. Mr. Speaker, I ligious expression in public places and simply allow voluntary prayer. yield 2 minutes to the gentleman from would ensure that school children are Mr. Speaker, Benjamin Franklin rose Utah (Mr. COOK). not punished for creating a valentine during the gathering of the Constitu- Mr. COOK. Mr. Speaker, I thank the to Jesus or for reading a Bible during tional Convention in Philadelphia in gentleman from Virginia for yielding free time. 1787 and stated, quote, the longer I live, me this time. They can do that right now. If some- the more convincing proofs I see of this Mr. Speaker, I rise in strong support one seeks to punish them, they should truth, that God governs the affairs of of the Religious Freedom Amendment. use their freedom of speech under the men, end quote. He went on to suggest Our Founding Fathers never intended Constitution and protest, however they at that point that the Convention the Constitution to be used as an argu- have to protest. begin its very own sessions with prayer ment against the very freedom of reli- Let’s just fight for our rights under ‘‘imploring the assistance of heaven, gious expression that brought our ear- the Constitution, instead of trying to and its blessings on our deliberations.’’ liest forefathers to this great land in change it. We pray in the Senate, we pray in the the first place. Mr. SCOTT. Mr. Speaker, I yield 1 House. We are simply asking for vol- In the last 20 years, our right to free, minute to the gentlewoman from untary prayer today. Why can not personal religious expression has been Maryland (Mrs. MORELLA). schoolchildren rise today, just as Ben- virtually destroyed by misguided court (Mrs. MORELLA asked and was given jamin Franklin did 211 years ago, and rulings and wrongheaded public policy. permission to revise and extend her re- ask for God’s providence and assistance We now live in a world where birth con- marks.) at the start of their day? trol devices can be dispensed at public Mrs. MORELLA. Mr. Speaker, I rise This amendment is simply the very schools but a voluntary moment of si- in opposition to the Istook amend- essence of our Constitution and our lent worship is often forbidden. ment. I am really concerned that this cultural history, to allow the free reli- We have become so afraid of personal amendment would have more far- gious expression of the American peo- religious expression in schools and pub- reaching and negative effects than ple that every American was able to lic places that in my State, ironically most Americans realize. enjoy for 190 years of our Nation’s ex- a State founded by those fleeing reli- First of all, the issue of prayer and istence. So, Mr. Speaker, I think the Reli- gious persecution, and on a national religion in public schools touches deep gious Freedom Amendment is very im- level, teacher unions are decrying a re- emotions in most Americans. It has portant. It would eliminate the ambig- turn to conservative values and, in par- spawned much heated debate here in uous constitutional question that has ticular, personal religious expression. Congress, and in State legislatures been established as a standard for reli- They say those values and those reli- across the Nation. In 1978, the State of gious expression. This amendment does gious expressions are a threat to public Maryland passed a moment of silence not force religious choice on anyone law allowing schools in the State to in- schools. Why? Because they are lib- who does not want to participate. erals, and they are out of touch with 80 corporate voluntarily a daily moment Mr. Speaker, I urge its adoption. percent of the people of my State and of silent meditation into opening exer- CHRISTIAN COALITION, indeed this country, who believe that cises. A part of this law allows teachers CAPITOL HILL OFFICE, we should get violence out of our or students to pray or read silently May 28, 1998. schools and allow into our schools per- from the Holy Scripture during this PROTECT RELIGIOUS FREEDOM—VOTE FOR THE sonal religious expression. Religious moment of meditation. Other States RELIGIOUS FREEDOM AMENDMENT speech is as free as any other form of have passed similar laws. DEAR REPRESENTATIVE: On Thursday, June speech, yet the courts have regulated Amending the Constitution is a seri- 4th, the House will hold a truly historic vote. religious expression more stringently ous business. Our Founding Fathers For the first time in 27 years, you will con- than they regulate pornography. This were wise to set up a wall separating sider an amendment to the United States amendment would return our Nation to church from State matters. We should Constitution concerning the fundamental a balanced approach that says personal not be rewriting the religious freedom right of an American citizen to publicly ac- knowledge his or her religious faith. This religious expression shall be permitted, provisions in the Constitution. The es- constitutional amendment will guarantee not restricted. tablishment clause substantially pro- the same First Amendment protection to re- This clear, commonsense amendment tects the religious freedom of every ligious speech as for non-religious speech, in- does not limit. It does not ban. It does American. Under the establishment cluding voluntary school prayer. In a nation June 4, 1998 CONGRESSIONAL RECORD — HOUSE H4089 that was founded on the principle of reli- want America to return to its roots; education and to substitute religious gious liberty, we must take steps to restore yes, we do want schoolchildren to know arrogance for religious freedom. the rights that our Founding Fathers in- that perhaps the Bible and the scrip- Mr. SCOTT. Mr. Speaker, I yield 3 tended to protect. And in a recent poll in tures, the Old and New Testament and minutes to the gentlewoman from which voters were asked about moral issues other religious writings are better than Texas (Ms. JACKSON-LEE). confronting the nation, almost 70% agreed (Ms. JACKSON-LEE of Texas asked that America needed a Religious Freedom guns to solve problems? Is that what Amendment that would allow voluntary they truly fear? Because if it is, then I and was given permission to revise and school prayer. The Christian Coalition think this debate ought to really rec- extend her remarks.) strongly urge you to vote for the Religious ognize that and ought to highlight that Ms. JACKSON-LEE of Texas. Mr. Freedom Amendment (H.J. Res. 78). here today. America truly is at a cross- Speaker, I thank the gentleman from The most dramatic example of a religious roads. Virginia and the gentleman from freedom that has been whittled away is the Where we see schoolchildren taking Texas, Mr. Edwards for his leadership right to religious speech. The right to free up not the scriptures, not the Ten and for yielding this time to me, and it speech is one of the most highly revered and is interesting that he would have the protected rights in our Constitution. Yet, a Commandments, but guns to silence their colleagues, their friends in honor of presiding over this very im- series of Supreme Court rulings over the past portant debate, for it was in Virginia 35 years have misinterpreted the Constitu- school, their teachers, then something tion to ban and censor free speech when that is wrong. Why are we not to try some when those very able gentleman like speech is religious in nature. Specifically, new approaches, which after all are not Madison and Jefferson debated for 10 the Supreme Court has censored free speech really new approaches at all? years this whole concept of the free- in only three areas: inciting violence and in- This is an old, old approach. It is an dom of religion, something we do today surrection, obscenity, and religious speech. approach recognized by our Founding in a mere 2 hours? What a tragedy that It is absurd for the Supreme Court to equate Fathers, recognized through the great- we have failed to remember those who the act of expressing one’s faith in God with er part of our history and in our fled Europe to avoid persecution be- expressions of insurrection or obscenity. schools and our community institu- cause of their religion. This amendment would protect the right of Although this H.J. Res. 78, has re- school children to organize prayer during the tions all across America, that in order school day, while explicitly reigning in the to solve our problems here on this ceived so much attention and phone influence and participation of the govern- earth we ought to have the option of calls are coming in, and it appears at ment in such activities. The government, recognizing that there is a power great- first innocuous. Further, it seems like represented by either a teacher or a school er than ours to which we ought to turn it is something those of us who are be- administrator, would be prohibited from re- for guidance and for solutions to our lievers would want to stand up and say, quiring, writing or forbidding prayer. problems. ‘‘Lord, we want to see this passed,’’ or With the protection of the Religious Free- All we are asking here today is for Allah or whoever we might believe in. dom Amendment, courts would no longer our colleagues to give the American But yet it is something that denies the issue rulings such as the one in which the freedom of religion. It interferes with judge upheld a teacher’s decision to give a people what the American people not young Tennessee student an ‘‘F’’ on a re- only want but have an absolute right the First Amendment that respects search paper simply because the student de- to, and that is a right to debate this that there should not be a federal es- cided to write her paper about Jesus. (Settle issue. I urge adoption of this so that tablishment of one religion over an- v. Dickson County School Board). And the the States can decide this important other. This freedom of religion in our highest court in our land would be required issue. Bill of Rights is a fundamental and im- to enforce the right of a rabbi to offer a non- Mr. SCOTT. Mr. Speaker, I yield 11⁄4 perative part of who and what America sectarian prayer at a middle school gradua- minutes to the gentleman from Texas is. Both court decisions and the First tion. Amendment have already allowed our Enactment of the Religious Freedom (Mr. DOGGETT). Amendment is the only effective means to Mr. DOGGETT. Mr. Speaker, freedom children to pray to whomever their ul- truly restore our religious freedom. On be- of religion is certainly a vital corner- timate religious guider is. half of the Christian Coalition, I strongly stone of this country. The right to This is not running away from the urge you to vote yes for final passage on pray, the right to seek divine guidance freedom to pray. This is to acknowl- Thursday, June 4th. should be unimpaired, and heaven only edge what faiths from all over this Sincerely, knows by watching this Congress in ac- country have said, like the Baptist RANDY TAKE, tion, or this year in inaction, we have Joint Committee that stated, that this Executive Director. more and more to pray about every amendment is unnecessary and would Mr. CANADY of Florida. Mr. Speak- day. in fact completely upset the balance er, I yield 2 minutes to the gentleman But throughout recorded history our our founders provided between the obli- from Georgia (Mr. BARR). forebears have recognized the impor- gations of religion and those of govern- Mr. BARR of Georgia. Mr. Speaker, I tance not only of religious conviction ment in a religiously pluralistic soci- thank the distinguished gentleman but of religious freedom and tolerance, ety. The Union of American Hebrew from Florida, chairman of the Sub- for throughout recorded history there Congregations and the Central Con- committee on the Constitution on have been those who, as Jonathan ference of American Rabbis have said which I am very proud to serve, for Swift so aptly put it, had just enough that this amendment poses a grave yielding this time to me. religion to make us hate and not danger to the American Jewish com- Mr. Speaker, I would ask those of our enough to make us love. And so it is munity by seeking to radically rework colleagues here today who argue this country was founded on the con- the entire relationship of government against this proposed amendment, cept of religious freedom, to respect entities with religious faith. ‘‘What exactly is it that you fear? the rights of others, and that concept I heard my colleague the gentleman What is it in this amendment that has served this Nation very well. from California (Mr. CUNNINGHAM) and makes you so fearful of having the As we look around the world today he knows that we have respected each American public debate and decide this we think of the divisions caused in so- others’ differences, but yes, we can issue, that causes you to deny even the ciety over religion. We look to South pray in schools, 10,000 prayer groups American people the right to debate Asia or to the Balkans or to the Middle around the country pray in our schools, and vote on this issue?’’ East. But indeed we have our own reli- yes, students do gather to pray every- Is it that perhaps, if the American gious Ayatollahs right here in this day they are protected by the first people had the issue presented to them country. Some of them unjustly at- Amendment. The question is, who do through their legislatures in a clear- tacked our colleague the gentleman you want to have dominate the prayer cut way what this amendment, pro- from Texas (Mr. EDWARDS), and others line if this amendment passes? Will you posed amendment, will do, that they like Jerry Falwell have declared, ‘‘I be accepting of everyone’s prayer? Or might actually in large numbers all hope to live to see the day when there will you want your child to pray quiet- across America, not just in my district will be no public schools. What a happy ly and be able to have the freedom of in Georgia which strongly supports day that will be.’’ joining groups of like kind and then this but all over the country rise up That is what this amendment is all going to their respective houses of wor- and tell their legislatures, yes, we do about, the movement to destroy public ship, being trained and loved by their H4090 CONGRESSIONAL RECORD — HOUSE June 4, 1998 parents or guardians as they desire. ment that seeks to compel religion, either reli- tion'' under the amendment based on ``reli- These same children can read the scrip- gion generally or a particular religion. The gious belief, expression or exercise.'' The ture wherever they might find it and Baptist Joint Committee states that this Founders of our great nation were all too pursuant to their conscience. amendment is unnecessary and would, in fact, aware of the dangers of allowing government This is a bad amendment, and there completely upset the balance our founders to promote religion. Such a role on the part of are too many religious groups to name provided between the obligations of religion the government would almost inevitably result who oppose it. I take special issue with and those of government in a religiously plu- in the promoting of selected religions over oth- the characterizations of those of us ralistic society.'' The Union of American He- ers. Because of that concern, the Establish- who believe in the Founding Fathers’ brew Congregations and the Central Con- ment Clause prevents the government from premise of the Bill of Rights and the ference of American Rabbis have said that funding religious ministries or entangling the freedom of religion in the purest sense, this amendment ``poses a grave danger to the government in the affairs of religious institu- so that we do not develop a Bosnia or American Jewish community by seeking to tions. This measure is the fifth amendment an Ireland who have fought all these radically rework the entire relationship of gov- considered on the House floor so far this Con- years, that we are unbelievers. We do ernment entities with religious faiths. The Na- gress aloneÐrepresents a continuation of an believe and our faith is strong and that tional Council of the Churches of Christ in the unprecedented assault on our Constitution and faith is exercised under the first USA state that this ill-conceived attempt to our civil liberties. It would significantly harm re- amendment. amend the First Amendment is opposed by ligious liberty in America and is contrary to our I resent being accused of being non- most of the mainline churches and syna- heritage of religious freedom that is ensured religious and nonspiritual. It is a pri- gogues in the United States. They also state by our nation's current doctrine of separation vate issue. It is an issue that we have that a Congress that prides itself on being of church and state. James Madison and died for. It is an issue, when our Na- somewhat conservative could do nothing more Thomas Jefferson were right two hundred tional Anthem was written, the one radical than amending the First Amendment. years ago and the American public is right thing they looked for: Is the flag still The National Council of Jewish Women be- today. We already have a religious freedom there? This flag protects the freedom of lieve that amending the Constitution to protect amendment; it's called the First Amendment. religion; H.R. 78 destroys it. religious expression is unnecessary. Currently, I have heard from several of my constitu- Mr. Speaker, I pray today that we do students can pray silently at any time, and stu- ents on this issue. Ryan Dickerson writes: ``I the right thing today. dent-led religious clubs can meet on school believe that the real effects of this amendment Mr. Speaker, I come to the floor of the property to pray and study Scripture. They go far beyond hat its supporters claim. The House today to urge Members to oppose H.J. think that this amendment goes too far. While amendment would allow government officials Res. 78, the ``Religious Freedom Amend- proponents of this legislation will likely argue to make decisions in their jobs that favor one ment.'' First colleagues let me say that we al- that it is intended to bolster individual religious particular faith.'' Anne Hanzel writes that, ``this ready have Religious Freedom. It's called the freedom, the Istook amendment is both unnec- legislation, if enacted, would dismantle the ex- First Amendment. The First Amendment states essary and dangerous. H.J. Res. 78 rests on isting constitutional separation of church and that ``Congress shall make no law respecting the false premise that current law does not state by allowing the promotion of prayer in an establishment of religion, or prohibiting the adequately protect religious expression in pub- schools, the display of religious symbols on free exercise thereof.'' Prohibiting the free ex- lic places. The courts, however, continue to public property, and the use of tax dollars to ercise thereof. The Establishment Clause of uphold religious freedom, making a constitu- subsidize private religious schools. Congress- the First Amendment prevents the government tional amendment unnecessary and duplica- woman, she writers ``these are dangerous from funding religious ministries or entangling tive. Recent court decisions have reaffirmed steps.'' I leave you with the words again of the the government in the affairs of religious insti- the right of citizens to erect religious symbols great Thomas Jefferson who stated that ``I tutions. In 1787, Thomas Jefferson said to in public areas and to have access to public should indirectly assume to the United States James Madison ``I do not like . . . the omis- facilities for religious activities. Students have an authority over religious exercises which the sion of a bill of rights providing clearly and the right to pray, read the bible, and distribute Constitution has directly precluded them from. without the aid of freedom of religion.'' Jeffer- religious materials to their friends. It must be meant, too, that this recommenda- son also said in 1813 to Richard Rush that H.J. Res. 78 would go much further and tion is to carry some authority. Civil powers ``Religion is a subject on which I have ever would permit organized prayer and other sec- alone have been given to the President of the been most scrupulously reserved. I have con- tarian activities in public schools. Any student United States, and no authority to direct the sidered it as a matter between every man and would have the right to lead the class in pray- religious exercises of his constituents.'' Let's his Maker in which no man, and far less the er or other form of worship, because the listen to Jefferson and Madison and defer to public, had a right to intermeddle.'' These con- school would not be able to ``discriminate'' the First Amendment. Vote for religious free- stitutional safeguards provide religion with a against the student's religious expression or dom and liberty and Vote No on H.J. Res. 78. Mr. SCOTT. Mr. Speaker, I yield 2 great degree of autonomy from the influences exercise. The amendment would also permit a minutes to the gentleman from Min- of government. Thus, the Establishment teacher to join in the religious worship, be- nesota (Mr. VENTO). cause any attempt to prohibit the teacher Clause prohibits the government from funding (Mr. VENTO asked and was given sectarian institutions in order to further a par- could be deemed ``discrimination'' against the permission to revise and extend his re- ticular mission. H.J. Res. 78 would overrule teacher's religious expression or beliefs. The marks.) this fundamental provision of the Bill of Rights. Constitution currently respects religious beliefs Mr. VENTO. Mr. Speaker, I rise in I am always very wary of any attempt to alter as a deeply personal manner. Under this opposition to House Joint Resolution the Constitution of the United States. Amend- amendment, parents could no longer be cer- 78, and I understand that the sponsors ing the Constitution is a serious undertaking. It tain that the religious beliefs, ideas, and of this want to do something positive. should be reserved for those rare instances modes of prayer taught in the home would not They want to help in terms of freedom where there is a compelling need to establish be undermined at public school. Whether a of exercise of religion. rights that cannot be secured by other means. student is ostracized for refusing to participate The fact is that the existing language Moreover, it must be done in a manner that in the prayer practiced by the majority of his in the Establishment Clause that this expands the rights of all individualsÐnot that or her classmates, or is pressured to partici- addresses is 16 words long. They pro- expands the rights of some persons by dimin- pate in that prayer, organized school prayer pose about 85 words to replace this, and ishing the constitutional rights and protection would burden the religious liberty of individual they suggest that the court decisions of others. students. H.J. Res. 78 would also have the ef- revolving around these 16 words have Although the language of H.J. Res. 78 ap- fect of allowing government funds to go to per- caused great consternation, and so pears at first to be innocuous, it would, in fact, vasively sectarian institutions to finance thor- they propose to send to the Supreme operate to weaken the First Amendment's Es- oughly religious activities. The amendment Court and the other courts of this land tablishment Clause. The Establishment would mandate that the government directly 85 words to be involved with in terms Clause, in conjunction with the surrounding fund religious schools, houses of worship, and of judicial review. court decisions that have arisen from it, is a other ``pervasively sectarian'' institutions that So I would just suggest to my col- carefully balanced set of rules to try to settle can not be funded under current law. If a gov- leagues, just on the basis of that par- the tension between a religious (or nonreli- ernment entity denies funding based on the ticular analysis, now I understand that gious) people's need to express their religion, pervasively sectarian nature of an institution, there is over 200 years of judicial re- and at the same time be free from a Govern- the religious group could claim ``discrimina- view, and for a nonlawyer like myself June 4, 1998 CONGRESSIONAL RECORD — HOUSE H4091 that represents a substantial amount Furthermore, schools today, with the rights have clearly been determined to drive of reading. So what they are suggesting confirmed by the First Amendment, may not out all traces of religion from the pub- is to set that on the shelf and to add to bar students from expressing their personal lic sphere. They have ignored the reli- it these 85 words, and my concern is religious views or beliefs solely because they gious traditions upon which this great that in their zeal to in fact provide for are of a religious nature. School authorities Nation was founded. greater liberty and exercise of religious may not discriminate against private religious When a small child in De Kalb Coun- freedom they in fact may do something expression by students. It is clear that the ty, Alabama, is subjected to two re- very, very different, adding over five First Amendment provides ample room for reli- strictions on how, when and where they times the verbiage for the courts to in- gious expression by students, while at the can pray, this is not freedom. When tax terpret. same time maintaining freedom from govern- dollars are used against people that I think that the fact is that if this is ment sponsored religion. will go to pay court-appointed mon- a solution, it is a mighty peculiar prob- Not only is this measure unnecessary, it itors to go into the schools, this is not lem that our colleagues are trying to represents a grave risk. The language of this freedom. deal with. I just suggest that they stop legislation would permit the government to This amendment does not endorse and take a deep breath and look at fund establishments such as churches, syna- any one religion, but it, rather, states what they are doing in terms of this gogues and parochial schools. Rather than that religious expression such as pray- constitutional amendment. solve a problem, this creates new problems er, which has deep-rooted significance This establishment provision in the and undermines an over 200 year old Con- in the history of this Nation, should Constitution, while sometimes being stitutional balance. not be excluded from the public square. interpreted incorrectly by some insti- First of all, it creates an entanglement of How can we promote integrity in our tutions and historically has evolved in church and state. Government funding leads, leaders and improve the moral fiber of meaning by the courts, has in fact necessarily, to government monitoring. Gov- our people without a basis and some served us very well in terms of trying ernment-subsidized religion would invariably absolute standard? George Washington, to establish the proper balance, regards trigger battles among legislators and religious of course, the Father of our Country, church and state. I am very concerned groups about who gets a cut of the limited probably said it best in his farewell ad- that the language that is presented to money in the public purse. Inevitably, only ma- dress when he said morality could not us today as a solution may in fact wrap jority religions would prevailÐreligions that be maintained without religion. His our religious freedom around the axle can, in essence maintain popular support! words were, ‘‘National morality cannot with regards to the exercise of religion This amendment has vast implications re- prevail in the exclusion of religious an essential liberty. The establishment garding school prayer and school funding. Ex- principle.’’ clause in the Constitution is to estab- isting interpretations of the establishment of As has been mentioned here today, lish that freedom, and I hope the Mem- religion clause clearly prohibit government-fi- we open each session with prayer in bers will vote ‘‘no’’ on House Joint nanced or government-sponsored indoctrina- this Chamber, the face of Moses looks Resolution 78 which undermines the tion in to the beliefs of a particular religious down on us all as we stand here this first amendment and our religious lib- faith. If the Religious Freedom Amendment afternoon, and we should not deny that erties. were passed, private elementary and second- same privilege to our children and the I rise today in opposition to the Constitu- ary schools would be fully eligible for direct people of the United States of America. tional Amendment, H.J. Res. 78. While I sup- government funding. The result? Tax dollars This amendment reaffirms that we port the right to the free exercise of religion would be diverted to religious school voucher are a Nation dedicated to religious lib- guaranteed to all Americans by the First programs. The public will is clear on this point, erty, and I am proud to stand here on Amendment, I do not support amending our ``public tax payer dollars should be used to the floor of the United States House of basic document of governance, the U.S. Con- support public education''. Representatives to speak out in sup- stitution, to superimpose government sanction With some substantial effort, taxpayers al- port of public religious expression and and regulation of religious activities. ready support a school system. They can't against the proposition that religious This measure is completely unnecessary. and shouldn't be expected to support multiple values and people of faith should be rel- The United States already has a Religious systems, some of questionable purpose and egated to the back seat of public life. Freedom Amendment, which has worked for quality, most with a religious mission, and oth- I commend my colleague, the gen- the past 200 yearsÐit is called the First ers which are for the wealthy in our society. tleman from Oklahoma (Mr. ISTOOK), Amendment! The First Amendment would be The First Amendment to the Constitution for bringing this issue to the national undermined by the provisions in this measure, has long served as a protector of religious attention, and I strongly urge my col- not enhanced. Struggles in the colonies cre- rights and provide a safeguard against using leagues to support religious freedom. ated a distaste about unions of church and public funds to establish a religion or advocate Mr. SCOTT. Mr. Speaker, I yield 2 state, and fostered a movement to eliminate religious practices. The amendment has minutes to the gentleman from Massa- existing establishments. Therefore, the very served our nation well, and there is absolutely chusetts (Mr. FRANK). first Congress of the United States correctly no reason to alter it. H.J. Res. 78, a trans- Mr. FRANK of Massachusetts. Mr. laid the groundwork for government neutrality parently politically inspired measure, under- Speaker, this amendment seeks to in religious affairs. mines our liberties. This legislation has been solve a problem that does not exist and One major point of contention with this leg- trumped up for political purposes, not to ex- then quietly create a very serious prob- islation is the issue of school prayer. I want to pand the rights of American people but rather lem. be absolutely clear about this. I support the to make virtue of force feeding extreme reli- There is no constitutional prohibi- right of students to voice their beliefs in ways gious views to the public, willing or not to ac- tion against children praying in school. which do not interfere or disrupt the rights of cept those views. The effect would be to dis- Yes, teachers have told children not to other students in a school setting. The First honor and undermine both of our rights and read the Bible on the school bus or say Amendment certainly provides for the religious our liberties concerning religion and free ex- grace before meals. Those teachers expression by students while maintaining the pression. I urge my colleagues to join me in were wrong. Teachers are not infal- people's freedom from government-sponsored opposing H.J. Res. 78. lible. Children have the right to do religion. This measure would tear apart that Mr. CANADY of Florida. Mr. Speak- that. At all of those many moments existing balance. er, I yield 2 minutes to the gentleman during the school day when, without There are several ways that students ex- from Alabama (Mr. ADERHOLT). disrupting the regular procedure, chil- press their religious beliefs in schools. Student (Mr. ADERHOLT asked and was dren are free to talk, to read, to decide prayer and religious discussion groups are be- given permission to revise and extend what to do, they may themselves pray, coming more common within such settings. his remarks.) if they have been taught to do so. Students may speak and express opinions The real problem here, and I find this b about religion, just as they would speak about 1415 ironic from people who talk about political opinions, or any other topics. Students Mr. ADERHOLT. Mr. Speaker, the themselves as ‘‘defenders of family val- may well express their beliefs about religion in Constitution was intended to guaran- ues,’’ is that there are many in this the form of chosen topics, written projects. art- tee freedom of religion, not freedom country who do not think that the av- work, and other assignments or endeavors. from religion, but there are those who erage family, left to its own choices, H4092 CONGRESSIONAL RECORD — HOUSE June 4, 1998 will inculcate enough religion in their cious individual area of faith, to having religious symbols in their offices or in prisons, children, because any schoolchild who your beliefs subordinated to those of regardless of the different religious beliefs of has been brought up to be religious will the majority in the public business in their deputies, the members of the public with find innumerable chances during the this country, think again as to whether whom they come into contact, or the prisoners day in school, and certainly before and that really contributes to keeping this under their control. after at school clubs that are sanc- country whole, to living up to that The doctors, nurses, and administrators of tioned, as they should be, to pray. They value of one out of many. And reject Veterans' hospitals are people, and so are can read the Bible on the school bus. this amendment. their colleagues in city-owned hospitals or They can say grace before they eat. Mr. Speaker, all year long we've been ne- similar facilitiesÐso, again, those public prop- They can say a prayer as they walk to glecting our work. There are important meas- erties could be used to emphasize or support class. They can say a prayer in the ures the House should be taking up, to prop- one faith, regardless of the views of some of school yard at recess. erly attend to the people's business. But this the very taxpayers who support them or the But people think children, left to is not one of them. patients they treat. their own, will not do enough, so this In fact, rewriting the bill of rights the way And the same goes for every other public amendment seeks to allow us as a soci- this amendment would do is something we employee and every public official, great or ety to use the mechanism of compul- should not be doingÐnot today or any other small, in every community, and on every kind sory school attendance to inculcate in day. of public property. official settings more religion in This proposal is unnecessary. It's also pro- On the other hand, as a legal term ``the schoolchildren than they would learn foundly unwise. Its adoption would undermine, people'' often means people acting through at home. not advance, our country's heritage of reli- their governments, not as individuals. If that's Nothing now in the law prevents chil- gious freedom. Its adoption would be breaking what is meant here, then this amendment may dren from expressing themselves reli- faith with our proud heritage of liberty. establish a new right for the people of a com- giously, if they have been told to. But Its supporters say that its primary purpose is munity, acting through their state or local gov- people who think they should be in to protect the ability of students to join in vol- ernment, to use public property to set up reli- charge of other people’s religious in- untary prayers in a school setting. But in fact, gious symbols or to otherwise give official rec- struction think that this does not pro- that's a problem that's already been ad- ognition to some religious traditions but not vide enough. They want to use the co- dressed. Thanks to the Equal Access Act, others. So, whatever ``the people'' may mean, this ercive school mechanism, so that chil- passed in 1984 and upheld by the Supreme amendmentÐeven though it starts out by say- dren who would not otherwise pray will Court in 1990, thousands of students are join- ing that neither the federal government nor be pressured into doing so, or pressured ing in prayers and other religious expressions any state government can establish any offi- into doing so in a certain way. organized not by the state but by voluntary, cial religionÐwill have the predictable effect of Religion does not need now, as it has student-run clubs that meet before or after entangling religion and government throughout not in the past, the help of these self- classesÐjust like other extracurricular groups. the country, leading to exactly the ugly dis- appointed volunteers. Let us leave reli- In fact, the free exercise of religion in Amer- putes and bitter resentments that have so gion to the families and to individual ica is alive and well among students and deeply divided so many other societies. Why choice. That choice can be freely ex- adults alikeÐprotected by the same First would we want that? pressed in school, as it can elsewhere, Amendment whose establishment clause also And that's not all. The proposed amendment in the way that prayer has always been protects against imposition of state-sponsored also says ``Neither the United States nor any meaningful. religion. State shall * * * deny equal access to a bene- Mr. SCOTT. Mr. Speaker, I yield 2 But this amendment is not just unneeded. fit on account of religion.'' Again, this would be minutes to the gentleman from Colo- It's also a bad idea. By revising the bill of new language, untested language. What could rado (Mr. SKAGGS). rights, it would replace the familiar, balanced it mean? Mr. SKAGGS. Mr. Speaker, I thank protections of the First Amendment with new Well, it could mean that religious institutions the gentleman for yielding me time. language, language that hasn't been applied serving a particular faith could insist on ``equal Mr. Speaker, let me ask my friends, in any context or tested in any court. That access'' to any program funded by any how has the first amendment failed means this amendment, if adopted, will create taxesÐlocal, state, or national. According to this country? I do not understand what new disputes; it will trade new lawsuits for old the many groups who form the National Coali- we are doing here today. How has the ones. In other words, it's a prescription for tion for Public Education, it can be read to first amendment failed this great land? new controversies, not a recipe for resolving mean ``public schools being used to support As with other parts of the Bill of old disputes. religious education and * * * tax dollars being Rights, the Founders had the foresight Also, the language isn't just new. It's also diverted to religious schools''. Others may not to set aside this precious area of indi- very sweeping. The first part of the proposed agree with thatÐbut, again, this is new and vidual religious choice and belief as amendment says ``the people's right to pray untested language and so at a minimum it free and insulated forever from major- and to recognize their religious beliefs, herit- means new controversies, new litigation, new ity rule, a terribly important central age, or traditions on public property, including divisions. principle in a land as huge and as di- schools, shall not be infringed.'' Note that this As I said, Mr. Speaker, this is not what we verse as ours. would establish a right that could be exercised should be about. We should get on resolving What this amendment, if it were to on any public propertyÐnot just in schools. our problems, not adding to them. We should pass and become part of the Constitu- Whose right would this protect? Who are be working together to meet our country's tion, will do is to reverse that. It will ``the people''? It could mean anyone and ev- needs and enabling Americans to improve make the use of public places and pub- erybodyÐit could be an individual right of any their lives. We should not be doing things that lic spaces for religion subject to major- person. If so, what would that mean? will produce new and unnecessary divisions ity rule. Well, public school teachers and administra- and controversies. We should focus on mak- For those of you who believe we tors are people, so arguably this would mean ing the government work better, not on trying should have prayer in those places, in- that they stand and recite prayers in class- to revise the bill of rights. We should reject cluding prayer in school and other reli- rooms, regardless of the wishes of the stu- this resolution. gious observances, please think for a dents or their parents. Mr. SCOTT. Mr. Speaker, I yield 3 moment again about how fragile this Judges are people, and courtrooms are minutes to the gentleman from New country of ours is in matters of reli- public property, so presumably all judges York (Mr. NADLER), a member of the gious tolerance, how much care and could place symbols of their various faiths in Committee on the Judiciary. work it takes to keep its fabric to- their courtrooms, regardless of how offensive Mr. NADLER. Mr. Speaker, this gether, keep it from coming undone. this might be to people of other faiths who are amendment should really be labeled If we take this step, if we say to our legally summoned to come to those court- the religious coercion amendment, or friends in this country who do not rooms and to comply with the rulings of those the establishment of religion amend- share the majority faith, that you will judges. ment, because it does so. It establishes be subjected, as will inevitably happen Sheriffs, prosecutors, and prison wardens religion according to the tenets of the if this were to become part of the Con- are people, too, so presumably they also majority in a given local area in three stitution, in that most private and pre- could insist on offering prayers or displaying ways: June 4, 1998 CONGRESSIONAL RECORD — HOUSE H4093 First of all, it says it is a school and I submit it is extraordinarily ill- people’s right to acknowledge God ac- prayer amendment, a coercive school advised. cording to the dictates of conscience: prayer amendment. Someone once said Mr. SCOTT. Mr. Speaker, I yield 2 Neither the United States nor any that there is plenty of prayer in the minutes to the gentleman from Califor- State shall establish any official reli- public schools; that as long as there nia (Mr. FAZIO). gion, but the people’s right to pray and are math tests, there will be prayer in Mr. FAZIO of California. Mr. Speak- to recognize their religious beliefs, her- the public schools. Of course, that er, the Founding Fathers struggled itage or traditions on public property, sounds funny, but it recognizes reality. long and hard over the very issue that including schools, shall not be in- Children are free to pray at any time we are spending relatively little time fringed. Neither the United States nor they want in the schools. on here today on the floor, but I can any State shall require any person to What nobody is free to do is to have say I think from listening to this de- join in prayer or other religious activ- organized prayer in a coercive manner, bate that the Members on both sides of ity, prescribe school prayers, discrimi- to coerce someone to pray or to have to the aisle speak from deep conviction. nate against religion, or deny equal ac- separate himself or herself from the Their comments today about their own cess to a benefit on account of reli- group and say, ‘‘I am different and I do personal faith that they bring to this gion.’’ not want to join in your prayer.’’ That debate I think have made the debate on That is what is at issue before us, and is coercive prayer. This amendment this issue exemplary. I am particularly people that do not like it seem to fall would permit that. That is what the impressed by those Members who per- into, they say, one of two categories. Supreme Court does not, and properly haps do not talk about their religion does not, permit. on a regular basis but who have today b 1430 Secondly, this is far more than a co- talked about their belief in God and ercive prayer amendment in two ways. the way in which they attempt to com- Either those who say there is no This amendment says the people’s municate with their God through pri- problem or those who say, well, there right to recognize their religious be- vate prayer. is just no solution. Those who say liefs, heritage or traditions on public But, unfortunately, I think the there is no problem, I have gotten very property, including schools, should not amendment we are voting on today is tired of hearing people say, oh, they al- be infringed. unnecessary and, frankly, could do ready have prayers in school; because What does that mean? The people, damage to the first amendment that we have got math tests, we have got collectively, through their local city gives Americans the freedom to prac- prayer in school; or because we do have council or school district board or leg- tice whatever religion they choose and Bible clubs that are permitted to meet islature, the people’s right to put a the protection, which we often over- on school grounds. cross or a Star of David or a crescent look, of not having religion forced upon Ladies and gentlemen, read the law. or a centaurea symbol above the them. Read what the Supreme Court said. judge’s bench in the courtroom or in Our Founding Fathers were just as They are permitted to meet on school the school, will not be infringed. concerned about the people who came grounds before school or after school. If you are a member of the minority to this country to practice their beliefs They are not permitted to meet during and a member of a jury and you do not out from under organized, government- instructional time like any other stu- want to be on the jury in front of a re- sanctioned religion. This is not simply dent club is: Spanish club, chess club, ligious symbol that is not yours, too a concern about religion influencing a Future Teachers of America, whatever bad. If you are a member of the minor- secular world. We all believe that spir- it may be. They can meet during a re- ity in that town, if you are a Catholic itualism and prayer can infuse them- cess. They can meet during a lunch and they have a Protestant symbol, or selves into our public deliberations in a time. They can meet during a study vice versa, and you do not want to be hall. But not a faith-based club. in the school room with that, too bad. private way, but we are also concerned about somehow government making a Read the Supreme Court decision on Because the right of the people, the the equal access law. Maybe some are majority, to bring their religious be- determination as to what private pray- er can be and what people can do under still doing it; they are practicing civil liefs, heritage or traditions into public disobedience, and more power to them, property, including schools, shall not the first amendment protection of Freedom of Religion. because, perhaps, the ACLU and the be infringed. other groups that oppose this amend- Finally, what does it say? It says nei- I am convinced that all of us under- ment have not gotten around to filing ther the United States nor any State stand that while there have been some suit there yet. That is why we still shall deny equal access to a benefit on decisions made at some levels of gov- have some prayer in different environ- account of religion. What does that ernment that have confused or con- ments. They have not yet filed all the mean? What that means is that you founded us about the appropriateness suits. cannot deny access to a benefit on ac- of public displays of religion convic- count of religion. tion, that the essential benefit of the Someone mentioned football game Let us assume we establish, as we first amendment of the separation of prayer. Great. I think it is fine. They have, a hot lunch program for poor peo- church and State is ultimately a pro- are suing in West Virginia to stop it. ple, and let us assume that a church tection of those who believe in religion Look at Ohio, with the ACLU suing to wants to be the agent for distribution and practice it daily. stop the use of the State motto, which of the hot lunch program and submits So I am very hopeful that, despite is ‘‘With God, all things are possible.’’ a grant proposal. That is fine. the elevated nature of this debate and I mean, they are coming down on it But let us assume that that church, the sincerity with which the positions right and left all over the country. Do as a condition of giving out the hot are held, we will come to the conclu- you say there is no problem, or do you lunches, wants to subject the people to sion that it is not timely to abandon say, well, there is no solution? To proselytizing, to a religious sermon or the first amendment of the Constitu- those who say maybe there is a prob- to a prayer first. Right now, they can- tion, now over 200 years old. Protect lem but this is not the way to go about not do that. You are entitled to the hot our rights and vote against this mis- it, get your heads out of the sand. What lunch if you qualify. But we cannot guided amendment which is so strongly are you doing about it? deny to the church the benefit of dis- opposed by most of our nations orga- I could not believe I heard one Mem- tributing the hot lunches on account of nized religions. ber earlier say that, yes, we have a religion, so now we can have religious Mr. CANADY of Florida. Mr. Speak- problem but we already have the right tests for getting benefits from govern- er, I yield 31⁄2 minutes to the gentleman to do the same things that this says, so ment. The church cannot be denied the from Oklahoma (Mr. ISTOOK). just fight for it. If they seek to punish right to religiously proselytize in order Mr. ISTOOK. Mr. Speaker, I think it us, just protest and fight. to get the benefit of participating in is time to restore some perspective on What are they saying? Do they or do the government program. what we are discussing and what we are they not respect a court opinion even if This, Mr. Speaker, is a coercive rees- not. This is the text of the Religious they disagree with it? Are they saying tablishment of religion amendment, Freedom Amendment. ‘‘To secure the that the solution is for people to go out H4094 CONGRESSIONAL RECORD — HOUSE June 4, 1998 there and fight against what the Su- ter this way and a card and say this I reach this conclusion reluctantly, because preme Court has said, or use the or- man is a bigot, that to my knowledge, I realize this amendment is championed by in- derly process set up by the Constitu- and I do not judge, but that is not dividuals and groups which have the well- tion to fix it when the Supreme Court Christian. being of our children, families, and Nation at has gone astray and has twisted and This is one of the finest family men, heart. distorted the beautiful, plain, simple one of the most devoted men that I I also realize we are considering this words of the First Amendment? That is have ever met. To say that he is a amendment at a time when a seeming epi- what we are trying to do, use the bigot and there is no place for him in demic of lethal violence perpetrated in some peaceful process to resolve the dis- this Congress or in this country be- instances by children against children has led putes. cause he is against the Istook amend- to deeply troubling questions as to how and If my colleagues say, well, yes, there ment is wrong. even whether the faith and values that have is a problem but we ought to do some- Ladies and gentlemen, I am leaving sustained this country for over two centuries thing about it, then what is their solu- this body at the end of this year. I have can be transmitted to the next generation of tion, and why are they not helping us? had threats, and most of the threats Americans. I have heard persons say there is a that I have had over the years had to Yet I am convinced that faith will be freer problem but we do not want this do with religious issues. The Christian and thus more meaningful under the Constitu- amendment. Those persons have not Coalition is sending out a letter that tion as it is now crafted than under the stric- done diddly to help with this effort. says this is going to be on the report tures under consideration today. Vote for the RFA. card; if Members vote against the Nowhere more than in the First Amendment Mr. SCOTT. Mr. Speaker, I yield 4 Istook amendment, we are going to get is the genius of our Nation's founders more minutes to the gentleman from North them in the next election. clearly revealed. Its sixteen wordsÐ``Congress Carolina (Mr. HEFNER). Some of this posturing reminds me of shall make no law respecting an establishment (Mr. HEFNER asked and was given the Pharisees when they stood in the of religion, or prohibiting the free exercise permission to revise and extend his re- temple and said, ‘‘Lord, look at me. I thereof''Ðestablish for the first time in human marks.) have given all this money, and I have history that coercion would be replaced with Mr. HEFNER. Mr. Speaker, I had done all of this.’’ The people that have persuasion in the religious life of a people. signed on to support this amendment, labored in the vineyard, that have The founders understood that citizens derive and I started calling some of my helped the hungry and the needy, went their values from faith, but that faith should be friends that I had known for years. For about their business of praying in pri- practiced willingly, not on demand. Proselytiz- some 16 years I traveled all over this vate. Give me that crowd rather than ing under the Constitution can only occur with country and into Canada and places, the ones that posture and try to make permission, not compulsion. singing gospel music, and I have been political mileage out of something that I believe Congress would be wise to vali- in every kind of church that my col- is so precious to all of us. date the appropriateness of moments of silent leagues can imagine. I have been in the I will say this today. I believe that prayer or meditation in public schools, but for churches where their religious beliefs when I stand before the bar of judg- all its good intentions, the amendment before us opens the door to the authorization of ma- led them to take up the serpent. I ment and God looks at my record, He is jority-crafted spoken prayer in public schools. never did get into that too much, but I going to judge my record, not only whether I voted for the Istook amend- To say that children need not participate and have been in all kind of churches. My grandfather started Happy Hill ment, but He is going to rate me on would, for example, be free to leave the room Baptist Church in Alabama, where I am what I have done to obey His word and is to deny the coercive power of peer pressure on young people. still a member. I went there last Sun- to do what I am supposed to do for the As a Member of Congress, I frequently visit day. About 40 people. People got up and most needy in this country. I will take my chances on that. schools. When the prayer in school issue is testified and talked about what God Mr. CANADY of Florida. Mr. Speak- raised, students are generally divided. But to had done for them. Over these 16 years er, I yield such time as he may con- the question: ``Assuming prayer is required, that I traveled all over the country, I sume to the gentleman from Iowa (Mr. would you prefer spoken prayer or a moment have seen every type of religious phi- LEACH). of silence?'' every class I have spoken to has losophy. (Mr. LEACH asked and was given per- overwhelmingly indicated a preference for si- You would think from some of the mission to revise and extend his re- lent prayer or meditation. ``Group prayer,'' one calls that we have had in our office marks.) 9th grader told me, ``would embarrass too that only the people that support this Mr. LEACH. Mr. Speaker, few issues are many of my friends . . . It would be unfair.'' amendment can be Christians. You more difficult for a legislative body to deal with My advice to the students I talk to is to pray would believe, if you believe these calls than those that affect religion. At issue today at home, pray in church, pray in school and on that we are having, that unless you is the question of whether the First Amend- the playground, but pray in your way, alone support this amendment, that when ment to the Constitution should, in effect, be with God, and don't forget to pray for toler- you stand before the bar of God and modified. ance and those of differing faiths. you stand before the bar of judgment, The approach brought forward today rep- Moreover, no matter how carefully and sin- they are going to say, ‘‘Sorry, you can- resents an attempt to ensure that the faith cerely stated, any prayer, especially if written not come in here because you did not which founds our lives as individuals and the by an official or arm of the StateÐi.e., teach- support the Istook amendment. Sorry religious values that bind us together as a so- er, principal or school boardÐcan too easily about that. You have been good. You ciety can have free expression. This is an offend members of one or another Christian have been a good family man. You have honorable and most worthy motive and the denomination. For some, a ``non-denomina- supported your children. You have only credible grounds for opposition must be tional'' prayer that makes no mention of Jesus gone to church. You have tithed. But based on the assumption that the First Christ would lack depth. For Protestants and you did not vote for the Istook amend- Amendment to the Constitution crafted by Jef- Roman Catholics, the difference regarding the ment and you cannot come in here.’’ ferson and Madison is a greater protection of status of Mary and the saints and the role of My good friend the gentleman from prayer and worship than the approach brought the church hierarchy is profound. Texas (Mr. EDWARDS), who I have before us today. For Jews and Christians, piety takes very known many years, there is not a bet- The question this House must answer is different expressions. For Muslims, prayer in- ter family man, a better moral man in thus whether expressions of faith in America volves turning toward Mecca and prostrating this body than the gentleman from will be freer with or without this proposed one's self. For Islam prayer is adoration of Texas (Mr. EDWARDS). When somebody amendment. Allah, involving no requests and asking no takes the liberty to send out a massive My view is that the Constitution as it cur- blessings, as most Christian prayers do. For mailing that says that this man is a rently is written, which carries with it certain the son or daughter of Vietnamese-American bigot, and the author of this amend- court decisions which at times are perplexing, Buddhists a ``voluntary'' prayer satisfactory to ment last night on television refused nevertheless better protects freedom of reli- Southern Baptists or the Eastern Orthodox is and would not say that he acknowl- gion than the well-meaning but potentially likely to be unintelligible. edged that he was a bigot, he would not counterproductive language of the proposed James Shannon, one of the most thoughtful deny it, and when they send out a let- amendment. theologians of our times, points out that in June 4, 1998 CONGRESSIONAL RECORD — HOUSE H4095 both the Hebraic and Christian traditions, spe- see,'' Madison warned, ``the same authority to transfer to the state responsibilities that his- cific modes of prayer, going back to Mosaic which can establish Christianity in exclusion of torically have been the province of the church and early Christian times, distinctly demarcate all other religions may establish, with the and family is the ultimate in welfare statism. the prayer lives of scripturally oriented Jews same care, any particular sect of Christians in Americans must come to understand that and Christians. The name of God, Shannon exclusion of all other sects?'' The strength of there are no easy panaceas to moral chal- notes, is so sacred in the Mosaic code that it the haven we have provided for oppressed lenges and no public substitutes for the incul- is to be used seldom in prayer or speech. people the world over comes from a tolerance cation of personal values at home. Hence the preference in Hebraic prayers for for diversity rather than an enforced conform- As for public life, the best reflection of faith alternative expressions that praise the majesty ity. is that of example. There is no substitute. and other attributes of God without specifically It is sometimes suggested by politicians that Mr. CANADY of Florida. Mr. Speak- mentioning the sacred name of Yahweh. For God has been excluded from the public er, I yield 11⁄2 minutes to the gentleman Jews there are right and wrong ways to con- schools and that we must amend the Constitu- from Mississippi (Mr. WICKER). duct a conversation with God, and it is unlikely tion to put God back into our schools. Is this Mr. WICKER. Mr. Speaker, I thank a public school board is a competent institu- not blasphemy? Just as the Supreme Court the gentleman from Florida (Mr. CAN- tional forum for developing modes of prayer cannot keep God out of our schools, Congress ADY) for the time. I rise in enthusiastic support of this legislation today. inoffensive to Jewish students. cannot put Him back in. God is not an object The Religious Freedom Amendment At the same time, because prayer is the like a bicycle or candy bar. He is the Creator would not change the First Amend- most intimate expression of the human mind of Heaven and Earth, and anyoneÐadult or ment to the Constitution, nor has the and heart, anything prepared with the specific childÐmay speak to Him from the heart when- First Amendment failed this Nation, as intent of being inoffensive to all would be form ever and wherever they are moved to do so. some of my colleagues have said today. without substance, not prayer in any genuinely As long as human tribulations existÐwhether It is a narrow majority of the United spiritual sense. caused by a math test or unreturned glanceÐ States Supreme Court that has inac- Such an empty effort would be demeaning prayer will not be locked out of schools. curately interpreted the First Amend- to sincerely religious individuals and run the Twenty years ago, in the seminal decision of the Supreme Court banning group prayer in ment. That is why we are here today. risk of leading children to view religion as just The fact is that we do have embla- another expression of the hypocrisy they al- public school, Justice Hugo Black wrote that the Establishment Clause ``stands as an ex- zoned on the wall behind me the words ready see in so much of the adult world. ‘‘In God We Trust’’. We do have a pic- On a more mundane level, the amendment pression of principle on the part of the Found- ers of our Constitution that religion is too per- ture of Moses, one of the great reli- before us would permitÐor by some readings gious leaders of all times. We do begin even requireÐthe government to fund reli- sonal, too sacred, too holy, to permit its `un- hallowed perversion' by a civil magistrate,'' each session of this Congress with gious activities on the same basis it does sec- prayer. Oftentimes I might not agree Justice Black went on to say of the faith in the ular activities. This would violate the constitu- with that prayer, and oftentimes I power of prayer which animated so many of tional principle that taxpayers not be forced to might not agree with the religion rep- the authors of the Constitution: support religious institutions. It would also resented, but even so, that in itself is These men knew that the First Amend- open the door to an unseemly and contentious enlightening to me and I am glad for it. competition between religious groups for pub- ment, which tried to put an end to govern- ment control of religion and of prayer, was But in auditoriums, gymnasiums and lic funds. other public buildings around this Na- More importantly, government funding inex- not written to destroy either. They knew rather that it was written to quiet well-jus- tion, people are deprived of that same orably leads to government regulation, which tified fears which nearly all of them felt freedom of religious expression, and would precipitate a most pernicious unin- arising out of an awareness that govern- that is not what the Founding Fathers tended consequence. Government regulation ments of the past had shackled men’s intended. would undermine the autonomy of religious or- tongues to make them speak only the reli- Let me point out, Mr. Speaker, that ganizations and in the process rob churches, gious thoughts that government wanted this debate is not about government- synagogues, mosques and temples of the vital them to speak and to pray only to the God imposed prayer. It is about voluntary prophetic role they play in America's national that government wanted them to pray to. It is neither sacrilegious nor antireligious to prayer. One of my colleagues said he life. did not want the government writing a In the United States there is no state say that each separate government in this county should stay out of the business of prayer for his children. Go back and ``Church.'' But by recent count there are thou- writing or sanctioning official prayers and read this legislation. Nothing in this sands of organized religious groups which pro- leave that purely religious function to the amendment would allow a school to re- vide solace and inspiration to the individual people themselves and to those the people quire prayer or to write a certain pray- believers who belong to them. Without intend- choose to look to for religious guidance. er for a child. There is no coercion ing to do so the amendment before us could Rather than stifling prayer or religious wor- here. undermine the ability of these institutions to ship, the principal purpose of the First Amend- But here is what our children need to serve as independent, vibrant witnesses to our ment is to preserve religion in the United know, Mr. Speaker, and this message nation on behalf of the values on which they States from the inevitably corrupting influence ought to be sent out from this Congress are founded. of secular authorities. today: that faith and religious beliefs Our founding fathers established a Nation Finally, that individual to whom Christians have always been at the center of this ``under God,'' one in which revolution against look first for religious guidance, Jesus of Nation’s conscience; that faith-based British authority was premised upon ``self-evi- Nazareth, warns in the Sermon on the Mount convictions are an integral part of our dent'' individual rights and an appeal to a to ``beware of practicing your piety before men Nation today; and that there is no higher law of conscience which precedes the in order to be seen by them.'' He goes on to place in America for court-imposed, more mundane civil laws of society. But in ap- say in Matthew 6:6, ``When you pray, go into government-sanctioned hostility to re- pealing to conscience to justify a revolutionary your room and shut the door and pray to your ligious expression. government, America's first citizens labored Father who is in secret; and your Father who Mr. SCOTT. Mr. Speaker, I yield 1 carefully to construct, in Jefferson's terms, a sees in secret will reward you.'' minute to the gentlewoman from New wall between church and state. Prayer is an expression of the individual York (Mrs. MALONEY). When erecting this Constitutional barrier be- soul's longing for God as the source of all that Mrs. MALONEY of New York. Mr. tween church and state, the crafters of the Bill is true, good, and beautiful. As such, it is far Speaker, I rise in opposition. Religious of Rights looked inward to well as outward too central a part of life to be tampered with freedom flourishes in America. Individ- and turned a wary eye to the American as well by any government body, be it a local school uals already have the right to pray, as European experience. They fully under- board or the Congress of the United States. talk about their beliefs, express their stood that it was religious authoritarianism in While the arguments of those who would spirituality, and read scriptures, Europe that drew many of the early settlers to tamper with our Bill of Rights are not persua- whether they are in a school, in a our shores, but that upon arriving in the New sive to this Member, the premise of their argu- courthouse, or on the street. World, some like the Puritans invoked a rather ments cannot be lightly dismissed. America is The most precious thing about that exclusionary discipline of their own, with witch- indeed in need of a spiritual awakening. Evi- freedom is that it protects individual- craft trials and stocks and pillories used to co- dence mounts every day of the breaking down ity. It forces no leaders and demands erce alleged nonbelievers. ``Who does not of family bonds and governmental ethics. But no followers. H4096 CONGRESSIONAL RECORD — HOUSE June 4, 1998 The so-called Religious Freedom The government remaining neutral is dent publications, then it ought also to Amendment would rob Americans of exactly what Mr. Istook has drafted have to pay money for a school publi- their individuality. It would break into this amendment. It allows for all cation by students who have formed a down the barriers between church and people of religious convictions to be group that is religious in nature. State and permit individuals to force able to pray. But look what I have just gone their beliefs on others. Mr. CANADY of Florida. Mr. Speak- through—two Supreme Court opinions Mr. Speaker, this amendment allows er, I yield 4 minutes to the gentleman that bind us today that are, in my the government to endorse a particular from California (Mr. CAMPBELL). judgment, quite wrong (that you may religion by displaying certain symbols. Mr. CAMPBELL. Under existing law, only put up a Christmas scene if you It allows the government to fund sec- if a student group wants to invite a po- have reindeer and that students may tarian groups and creates the likeli- litical figure to address their gradua- not invite a religious speaker who hood that some groups will be ex- tion, they may do so. I remember my chooses to pray at the commencement cluded. brother’s graduation. Ramsey Clark address), and two other cases that Recently conducted polls show that was invited, and he gave a political could have been wrong, but for one Jus- Americans are pleased about their cur- speech. If that same group of students tice. rent religious freedom. More than 60 invites a religious person, however, What we do today is to protect the groups representing dozens of faiths that religious person may not give a expression of religion, that it be as are speaking out against this bill. We prayer. That is the Supreme Court rul- fairly allowed in our country as the ex- cannot let one voice take away our ing in 1992. pression of a political point of view, freedoms. We must not let the political A second example: Right now, if a po- and we do it the constitutional way. right take away our religious right. litical group wants to hold a meeting To those of my colleagues of very Vote against this. and express themselves at a public good intent who say we must never Mr. CANADY of Florida. Mr. Speak- park, they may do so, and there is no amend the first amendment, I put to er, I would inquire of the Chair con- obligation that anybody else must be them, please, walk out of our Chamber cerning the amount of time remaining there to water down what they say. and look across the street, and they will see the Supreme Court of the on both sides. b 1445 The SPEAKER pro tempore (Mr. United States, where they amend the DICKEY). The gentleman from Florida Democrat, Republican, Libertarian, first amendment regularly. What is (Mr. CANADY) has 91⁄2 minutes remain- Communist, Independent, all their wrong with us following the constitu- ing. The gentleman from Virginia (Mr. speech is permitted, with no obligation tional method, the constitutional SCOTT) has 71⁄4 minutes remaining. for anybody else to have to be there to route, for doing so? Mr. CANADY of Florida. Mr. Speak- water down what they say. Yet, if a re- Let me conclude by saying what is er, I yield 2 minutes to the gentle- ligious group wants to put up a meno- tremendously right about this amend- woman from Idaho (Mrs. CHENOWETH). rah at Chanukka time or a manger ment. If we do not vote for this amend- Mrs. CHENOWETH. Mr. Speaker, I scene at Christmastime, the Supreme ment today, the only way for the thank the gentleman from Florida for Court has held it may not do so unless States to propose amendments to the yielding to me. Mr. Speaker, much has there are also items of non-religious Constitution is through a constitu- been said in this very interesting de- significance so surrounding the man- tional convention, and then the entire bate, and I would just like to put and ger, so surrounding the menorah, as to Constitution is open, whereas if we enter into the record part of what Jus- deprive it of its religious content. take the narrowly drawn restrictions tice Douglas opined in 1952 in a case en- This is what is known, rather sadly, of the amendment before us today, that titled Zorach v. Clauson. as the infamous ‘‘plastic reindeer rule’’ is all we put to the States. Justice Douglas opined that the First of the Supreme Court, that you can We stand in the way of the States’ Amendment does not say that in every only put up a crib at Christmastime if consideration of this amendment. I be- respect there should be a separation of you have enough Frosty the Snowmen, lieve we should vote in favor, to allow church and state. He wrote that ‘‘it candy canes, snowflakes, and reindeer the States to amend our federal con- studiously defines the manner, the spe- so as to deprive the religious compo- stitution to guarantee that religion cific ways, in which there shall be no nent of the message. will be on the same level as political concert or union or dependency one on So I come to the conclusion that speech in our country. the other.’’ That is what the Istook given the way the Supreme Court has Mr. SCOTT. Mr. Speaker, I yield 3 amendment continues to clearly de- interpreted the first amendment, reli- minutes and 15 seconds to the gen- fine. gious speech has less protection under tleman from North Carolina (Mr. Douglas wrote ‘‘That is the common our Constitution than does political WATT). sense of the matter. Otherwise, the speech. I do not believe it should have Mr. WATT of North Carolina. Mr. State and religion would be aliens to more, but it should not have less. Speaker, in 1994 we got a new majority each other, hostile, suspicious, and I quoted two recent Supreme Court in this body. They came saying that even unfriendly.’’ I do not think any- opinions that apply in this area of the they were part of a conservative revo- one in this body would want to see us law. There are others that recently lution. They were going to be conserv- reach that result. were decided on a 5 to 4 decision going ative. Who would have ever guessed Douglas went on to write that ‘‘We the other way, in fact, going the way that that conservative group would are a religious people and our institu- that I think it should be, but still, only have introduced 118 amendments to the tions presuppose a Supreme Being. by 5 to 4. One case dealt with a grant United States Constitution? Who would When the State encourages religious of special education privileges to stu- have ever guessed that that conserv- instruction or cooperates with reli- dents who were in particular need of ative group would have voted on 10 gious authorities by adjusting the physical rehabilitation, and whether amendments in one session, 10 amend- schedule of public events’’ or even that could be provided on the premises ments to the Constitution in one ses- prayer ‘‘to sectarian needs, it follows of a parochial school. sion of Congress more than the whole the best of our traditions.’’ The Supreme Court originally said 10 sessions of Congress leading up to it? The Justice found that there was no no, I am sorry, you have to take the And they called themselves conserv- constitutional requirement making it children down to the fire station, with atives, protecting conservative philoso- necessary for government to be hostile expense to the school district or to the phy. They must believe that they are to religion. In fact, he found quite the parents. That was in 1985. Just re- smarter than the Founding Fathers. opposite. ‘‘The government’’, he said, cently, the Supreme Court eventually So here we are today. We can either ‘‘must remain neutral when it comes to got around to reversing itself. have George Washington or we can competition between sects.’’ The other recent case is where the have Istook. We can have Alexander Justice Douglas said, ‘‘We cannot Supreme Court said, after a number of Hamilton or we can have Istook. That read into the Bill of Rights such a phi- years of contrary interpretation, that is the choice we have. They say they losophy of hostility to religion.’’ if a school pays money for some stu- can draft it better, when our Founding June 4, 1998 CONGRESSIONAL RECORD — HOUSE H4097 Fathers said it in 10 words: ‘‘Congress of our schools. Nothing could be fur- not have the right to change the Bill of shall make no law respecting an estab- ther from the truth. Rights every time we disagree with a lishment of religion.’’ They take 86 I would say, Mr. Speaker, to the gen- court decision. Had we maintained that words to say that they are doing the tleman from Oklahoma (Mr. ISTOOK) belief, there would not be a Bill of same thing, using the same word, ‘‘es- and others that the God I deeply wor- Rights. tablish.’’ ship and pray to cannot be taken out of If we pass this today, what is next? If the Supreme Court is having trou- any classroom, anyplace, anywhere in Do we amend the freedom of speech, ble understanding what ‘‘establish’’ America, any time, not by the Supreme the freedom of association? I ask Mem- means in the existing Constitution, Court, not by any Member of this Con- bers to vote against the Istook amend- how are they going to understand it gress. ment. The Bill of Rights have served any better in this Constitution? If the I have heard it said that we are talk- this Nation well for 207 years. Supreme Court is having trouble decid- ing about, as we change the Bill of Mr. CANADY of Florida. Mr. Speak- ing what it means to discriminate Rights, student-initiated prayer. I er, I yield the balance of my time to under the existing Constitution, how must wonder, that begs the question, the gentleman from Oklahoma (Mr. are they going to have less trouble un- are we going to have committees of ISTOOK). derstanding it under this Constitution? 8-, 9-, and 10-year-old schoolchildren in The SPEAKER pro tempore. The gen- If the Supreme Court is going to have the first, second, and third grade with tleman from Oklahoma (Mr. ISTOOK) is trouble understanding what it means the responsibility to defend the con- recognized for 31⁄2 minutes. to deny equal access under the existing stitutional rights of the other children Mr. ISTOOK. Mr. Speaker, we are Constitution, how are they going to in that classroom? Children who have a closing the debate on general debate, find out, all of a sudden, because the hard time picking up their toys at but we will have a further discussion gentleman from Oklahoma (Mr. home are going to be laid with the bur- about a proposed amendment in just a ISTOOK) drafted 86 words, and the words den of protecting the constitutional moment. I think it is very important of our Founding Fathers were not suffi- rights of other children in their school- that we keep in mind, Mr. Speaker, cient? It is a cavalier notion to think houses? that I have heard many people say, we that we somehow have a better insight We heard this will be voluntary pray- do not want majority rule. That raises into how to deal with this, with the er. There is nothing voluntary, Mr. a lot of questions in people’s minds, be- same words, I might say, than the Speaker, about an 8-year-old Jewish cause most of the Supreme Court deci- Founding Fathers. child who, because of his faith, must sions which will be corrected by the This is not a conservative propo- leave a classroom every morning, since Religious Freedom Amendment were sition we are about, here. Amending 99 percent of the other children in that decided by the narrowest of all possible the Constitution of the United States classroom and 99 percent of the prayers margins, 5 to 4 on the Supreme Court. is a revolutionary principle. Amending in that classroom are Christian. But they refused to correct it. They the Constitution is a revolutionary There is nothing voluntary about a have refused to fix it. proposition, so they can be true to part Christian child having to leave because So I guess they do not want the ma- of what they said. They said they were his parents do not want him to be jority of Americans to rule, they only going to be a revolution, and they can forced to listen in a classroom that the want the slimmest possible majority have a revolution, but if they are true law says he must attend, in most on the Supreme Court to dictate and to their word that they are going to be States, must listen to an Islamic pray- say that, in today’s era of political cor- part of some conservative revolution, er, or some other prayer. rectness, there is not much worse than the principle there is to uphold the We have heard a lot about tolerance having somebody offer a prayer if there most conservative document of our from the other side, Mr. Speaker. Let is someone else in the room that does country, the United States Constitu- me tell the Members about the kind of not want to hear it. tion. tolerance that has been engendered by What a false standard. It is not just Mr. SCOTT. Mr. Speaker, I yield the the supporters of the Istook amend- about freedom of religion, it is about balance of my time to the gentleman ment. free speech. If we cannot say something from Texas (Mr. EDWARDS), who has The Christian Coalition sent out this to a group unless everybody there done such a lot of good work on this letter in my district: ‘‘The Edwards agrees with us, we do not have free amendment, and has taken a very cou- bigotry’’, and they were saying my big- speech. rageous stand. otry because I simply opposed the b The SPEAKER pro tempore (Mr. Istook amendment, ‘‘The Edwards big- 1500 DICKEY). The gentleman from Texas otry directed at Christians and other And if we are told that we cannot (Mr. EDWARDS) is recognized for 4 min- people of faith is outrageous and must offer a prayer when we are on govern- utes. be stopped. His attitudes have no place ment property, and that is everywhere Mr. EDWARDS. Mr. Speaker, Amer- in Texas or anywhere in America.’’ today, then we do not have the right to ica already has a religious freedom Mr. Speaker, I never thought I would pray and we do not have religious free- amendment. It was not written by the be accused of being un-American be- dom, if we only have it when we are in gentleman from Oklahoma (Mr. cause I stand with Jefferson and Madi- a confined area, selected for us by the ISTOOK), and passed through this House son in defense of that wonderful Bill of U.S. Supreme Court. We are not advo- after less than 1 day of committee Rights. That is not the kind of toler- cating government interfere with reli- hearings and 2 hours of floor debate. ance we should have. If this is the kind gion. We are advocating that govern- Rather, it was written by Mr. Madison of tolerance and respect we are going ment stop interfering with religion and of Virginia, after debating with Mr. to have for diverse religious and politi- stop dumping on the constitutional Jefferson for well over a decade, 200 cal views in every classroom across rights. years ago. Those 16 words that begin America, that is the kind of divisive- Now, I heard the gentleman from the first amendment of our Bill of ness our schoolchildren do not deserve. North Carolina (Mr. WATT) say, how Rights have served this Nation extraor- I have heard that the modern day Su- will the Court understand this any bet- dinarily well. We should not change it preme Court, the liberal Supreme ter than the first amendment? Because for the first time today. Court, has somehow prostituted the we have taken the same structure and Mr. Speaker, I would like to respond original intent of our Founding Fa- said, do not have an official religion, to some of the things I have heard on thers. Let me first point out that seven but this is what the people’s rights are. the other side of this debate today. of the nine Justices of the modern day And we have spelled out what is per- First, I have heard that prayer and God Supreme Court were appointed by Re- mitted. have been taken out of our schools. In publican Presidents, including that And I noticed, maybe it was a Freud- fact, the gentleman from Oklahoma well known liberal, President Ronald ian slip, the gentleman read the first (Mr. ISTOOK) this morning in a debate Reagan. part of the first amendment, ‘‘Congress with me said the gentleman from Texas Let me point out that the gentleman will make no law respecting the estab- (Mr. EDWARDS) wants to take God out from Oklahoma (Mr. ISTOOK) and I do lishment of a religion,’’ and he entirely H4098 CONGRESSIONAL RECORD — HOUSE June 4, 1998 left out the next phrase, ‘‘or prohibit- in their classrooms. Compulsion controverts ing Fathers' wisdom in the Bill of Rights with ing the free exercise thereof.’’ Because freedom. Freedom is vital to our democracy. this amendment. Ours is a proud experiment that is what the Supreme Court has And that freedom is what has allowed religion that has permitted religious freedom to flourish done. They have left out the second to prosper here for all these years. Moreover, in this country, and we should not change that part of the first amendment. what seems to be most religiously constructive with a politically-motivated attack on that very They have only focused on there can- is for an individual, if at all, to come to a belief freedom. not be an establishment of religion; on one's own accord. This amendment would Mr. STARK. Mr. Speaker, I rise today to op- and having a prayer in school is the permit an opposite result. pose House Joint Resolution 78, the so-called same thing, the same thing as having The result of this amendment would be that ``Religious Freedom Amendment.'' This pro- an officially chosen church for people teachers, judges, generals, and wardens could posed constitutional amendment would oblit- in the country; and they leave out the hold prayer sessions with their respective au- erate the separation of church and state and next part of the first amendment that diences and limit such prayers to their own or would result in government-sanctioned wor- says we cannot not prohibit the free the majority faith of the surrounding commu- ship, taxation to benefit religion, and exercise of religion. They are so scared nity. And it doesn't take much to see that, majoritarian oppression. that somebody will be offended that under this amendment, some actions would be In order to serve its own interests, the radi- they forget that they have offended al- permitted which heretofore have been limited cal right is overlooking what is already current most everybody in the process. by other powers under the Constitution. For law. Religious expression is protected by the How about the people that want to be example, could a group of high school stu- First Amendment, and private religious expres- able to pray in a group? The Lord dents engage in sexual activity on school sion is legal everywhere, including public taught us not only to pray in private grounds because their particular faith has schools. Under the First Amendment, students and singly but also to pray together. taken a literal interpretation of the Biblical pas- can pray silently at any time and even aloud And if my colleagues do not believe sage in Genesis instructing humanity to go in groups so long as they are not disruptive. that, read the Sermon on the Mount forth and reproduce? The answer under cur- Student-led religious clubs can meet on school and see where He prayed with mul- rent law is clear: No. With the amendment, liti- property to pray and study Scripture. Religious titudes, not just singly or in private. gation could result because the students' acts speech in the public square already abounds. Mr. Speaker, we believe in traditions might be protected from ``infringement'' or We learned at the beginning of this Repub- of prayer that are both private and ``discrimination'' by this legislation. lican-led Congress that the government does public. They are both good. They are On the matter of prayer in the classroom, not hand out money without strings attached. both positive. They are both what government-supported school prayer would This proposed Amendment to our Constitution should be protected by the Constitu- make strangers of children who do not share goes much further by permitting a wide array tion of the United States of America. the same beliefs as are being prayed in their of government-sponsored religious expression. The Supreme Court has wrongly said own schools. Religious minorities, especially, It would allow state endorsement and financial we are only going to protect it when it would suffer. As a practical matter, it is nearly support for religious activity not only in is private or in secret and nobody else impossible for students who wish not to par- schools, but on all public property, including knows about it. We want to be able to ticipate to feel comfortable leaving the class- government offices, court houses, and military bases. come together. Come let us reason to- room. Students will be whip-sawed: excuse It is coercive and vain to impose religion, to gether. Come let us pray together. yourself and feel ostracized or stay and feel As four Justices in many of those 5– require our government to recognize or single- uncomfortable. The prayers could be lead by out one faith from another when it is one of 4 decisions wrote, nothing, absolutely government officials. Whose prayers could be nothing is so inclined to foster among thousands of beliefs, faiths, doctrines, and required for your children? Bahai, Baptist, creeds. Allowing government to endorse reli- religious believers of various faiths a Catholic, Jewish, liberal, conservative, or Or- toleration, no, an affection for one an- gion in this way turns religion into a political thodox, Greek or Russian, Muslim, or Mor- tool and sends the message that those who other, than voluntarily joining in pray- mon. do not hold a certain faith are outsidersÐand er together. Justices Rehnquist, Scalia, Already, current law allows for prayer and not full members of the political community. Thomas and White. That is the stand- other religious expression in public schools. Nearly every mainstream religious group, in- ard we seek to apply. This amendment is unnecessary. Students' re- cluding the Baptists, the Presbyterians, the Mr. DINGELL. Mr. Speaker, I rise in opposi- ligious rights are already protected. They can Muslims, the Unitarians, the Episcopalians, the tion to the Istook Amendment. The First pray individually or in groups and discuss reli- Lutherans, and the entire Jewish community Amendment already guarantees the Nation re- gion in groups. In addition, under the Equal oppose this amendment. It is clearly supported ligious freedom. Do we really need another Access Act Congress passed more than a by a radical religious minority who seek public guarantee? The Istook amendment is both un- decade ago, schools must give extra-curricular endorsement of what should be a private af- necessary and dangerous. This Amendment is student religious organizations ``equal access'' fair. an attack on the balance struck by two cen- to space, time, and resources that is provided Rather than promoting religious liberty, the turies of jurisprudence on the separation of to non-religious groups. ``religious freedom'' amendment presents a church and state. Indeed, this amendment Regarding religious institutions, this amend- grave peril to the crucial principles protecting would put American religious liberty at risk. ment would permit, if not require, government religious liberty that are part of the framework It seems to me that the Founding Fathers funding. This is not a proper role of govern- of American law. What is not broken needs no thought a thing or two about religion. And they ment. Government should not be medding in repair. felt so strongly about it being a good thing that the affairs of institutions of faith or religion. It Mr. LEWIS of California. Mr. Speaker, I rise government should leave it aloneÐthat it is a would violate the conscience of the American today in reluctant opposition to this proposed personal matter. Indeed, they told us that taxpayer who would not choose to support the constitutional amendment. I have always and ``Congress shall make no law respecting an religions that are aided in such fashion. Al- will always support voluntary school prayer. I establishment of religion.'' But today, pro- ready, organizations that are religiously affili- believe the right of all people to worship ac- ponents of this amendment want to make ated, like Catholic Charities, but which are not cording to the dictates of conscience is fun- some law on the subject by changing the Con- pervasively sectarian, can and do receive gov- damental. Reviewing this amendment, how- stitution. I can only assume that many of the ernment grants for social programs as long as ever, I am not convinced amending the Con- supporters of this language desire to further they do not advance religion or discriminate or stitution is the right answer to bring prayer the Founding Fathers' notion that religion is the basis of religion. The amendment would back to our schools. good. However, that is where they part com- allow taxpayer resources to go to persively re- As some constituents in my congressional pany. ligious institutions that would be able to use district have pointed out to me, a Constitu- The Founding Fathers realized that an im- the funds for their own purposes. tional amendment could do more harm than portant, if not the most important aspect of Mr. Speaker, the Constitution should only be good. It is quite possible that, if enacted, this any faith, is to have the freedom to pursue it amended in rare circumstances and only amendment could even be used to force chil- as one desires. Indeed, it is curious to me that where necessary. My Republican colleagues dren to be subjected to religious briefs well out advocates of the virtues of this amendment view matters differently and propose amend- of the mainstream. At the very worst, this would go about advancing religion in a fashion ments like this one for political purposes, after amendment could be used to shoehorn cult- that would effectively force religion on Ameri- only one day of hearings. The reasoned and beliefs into our schools. One thing is for cer- cans in many settings, including our students better approach is not to dismantle our Found- tain, enacting this amendment would result in June 4, 1998 CONGRESSIONAL RECORD — HOUSE H4099 even more litigation on religious questions tion's strong tradition of the protection of reli- testimony at House Judiciary Committee hear- going before the same liberal-leaning judiciary. gious liberty. We do not need to amend the ings held on this resolution last summer, and I have long supported refining the law to Bill of Rights for the first time in our nation's each drew the same conclusion: H.J. Res. 78 allow maximum room for religious expression. history to protect religious freedom in this is fundamentally and, in their view, fatally You may remember the House of Representa- country, and I would urge my colleagues to flawed. tives passed the Religious Freedom Restora- oppose this amendment. Consider the observations of Professor Mi- tion Act in 1993 with my positive vote. But I Mr. CLAY, Mr. Speaker, I rise in opposition chael W. McConnell of the University of Utah have been repeatedly dismayed by judicial de- to this measure because its clear intent is not College of Law, ho said: ``. . . the supporters cisions on religious questions, most recently to ensure the freedom to engage in religious of this amendment are to be commended for by the Supreme Court decision in Boerne vs. activity on public property, but rather to open continuing to focus public attention on the im- Flores which overturned the Religious Free- the door to the diversion of hundreds of mil- portance of religious freedom . . . [but] the dom Restoration Act. I am pleased, however, lions of dollars from public schools to private multiple ambiguities in the current proposal with the results of the Equal Access Act of religious schools. make it an unacceptable vehicle for accom- 1984 and at least one 1990 Supreme Court I find it ironic that after three failed attempts plishing its intended purpose.'' And the state- decision which got it right. As a result, we now to get school voucher legislation enacted dur- ment of Michael P. Farris, a constitutional law- have thousands of voluntary student prayer ing this Congress, the Republican majority is yer and President of the Home School Legal groups flourishing around the country in public now pushing a constitutional amendment that Defense Association, who said: ``I am in full schools as a result. would make public funding of religious schools accord with the principle goals of [the resolu- This is a subject which is very important to lawful. We repeatedly told the majority it was tion's] supporters. I want to fully invigorate the me, and I have given it a great deal of unlawful during the floor debates on the var- right of the free exercise of religion. I simply thought. It is with reluctance I can not support ious voucher bills, but they rejected our claim point out that I do not believe this language House Joint Resolution 78, an amendment to and the court decisions that supported it. I am achieves the goals of its well-intentioned sup- the Constitution. Nevertheless, I will continue pleased the majority now admits that their porters in either the free exercise or establish- to work with my colleagues in Congress to find voucher scheme was legally flawed, but I con- ment arena.'' statutory remedies for mistaken decisions of tinue to oppose direct Federal funding of reli- Second, three recent Supreme Court deci- the courts regarding religion. gious institutions. sions have substantially strengthened the free- Mr. POMEROY. Mr. Speaker, I rise in oppo- The amendment before us states that nei- doms at issue in this debate: The Court held sition to House Joint Resolution 78, the Reli- ther the Federal Government nor any State that private religious speech is a right entitled gious Freedom Constitutional Amendment. could deny equal access to a benefit on ac- to as much constitutional protection as private This amendment, which proposes to dramati- count of religion. This would mean that when- secular speech (Capitol Square Review & Ad- cally alter the First Amendment to the Con- ever public funds are being dispensed to a visory Board v. Pinette (1995)); that it is un- stitution, is simply unnecessary. non-sectarian organization for a program or constitutional for a public institution to deny Mr. Chairman, I feel very strongly about pre- activity, a religious organization would be enti- benefits to an otherwise eligible student orga- serving the complete freedom of religious ex- tled to make a claim to the same funding. The nization on account of the religious viewpoint pression that is part of what makes this nation religious organization would be free, however, great. I also believe that the First Amendment of that organization's publications (Rosen- to integrate their philosophy and practices with of our Constitution has safeguarded this free- berger v. Rector & Visitors of the University of dom for over 200 years, and continues to do its service deliveryÐsomething that many tax- Virginia (1997)); and that its earlier decision so today. The First Amendment maintains the payers seeking services might find objection- forbidding certain types of educational assist- delicate balance between the church and state able. But, as a result of this amendment, ance to children attending religiously affiliated established by the Founding Fathers, and these organizations would have a constitu- schools should be reversed (Agostini v. Felton House Joint Resolution 78 threatens this hard- tionally protected right to do so, no matter (1997)). According to Prof. McConnell, the won balance by unnecessarily amending the whether the focus of the program or activity is reach of these decisions, along with similar Bill of Rights of the first time in our nation's education, health care, housing, or criminal rulings in the U.S. Court of Appeals, ``rep- history. justice. resent a major step forward, and in fact solve However, I do recognize the concerns of Mr. Speaker, our Founding Fathers did not a majority of the problems with [this] constitu- several of my colleagues about the impact of believe it appropriate for the Government to tional doctrine . . . '' In short, the resolution's certain court decisions on religious expression. subsidize religious activity. I believe that, broad and ambiguous language would, if Unfortunately, no court can be completely free today, this remains a wise policy. The first adopted, threaten the reasonable gains which of human error when interpreting the Constitu- amendment to the Constitution has served the these recent Court decisions embody. tion. I believe, as do most of my colleagues, Nation well for over 200 years by protecting Finally, and perhaps most importantly, that religious expression does have a place in religious expression while also prohibiting though, I believe that any constitutional public life. Prayer should not be prohibited in Government entanglement in religious prac- amendmentÐbut especially one such as this graduation ceremonies. Valedictorians should tices. This delicate balance should not be dis- which is so central to who we are as a nation not be prevented from mentioning God in their turbed. and as individualsÐshould endure debate, ex- speeches. Children should be allowed to en- Mr. KLECZKA. Mr. Speaker, I rise today in amination and scrutiny of the most rigorous gage in voluntary prayer in schools, or any- opposition to House Joint Resolution 78 which standard before it is ratified by lawmakers and where else. By passing House Joint Resolu- would amend the constitution to allow prayer the people we represent. tion 78 would not protect religious liberty any in public buildings, including prayer in public It is no accident that, despite hundreds of more effectively than the First Amendment al- schools. attempts, the Constitution of this beloved na- ready does. Of the thousands of issues I have debated tion has been amended a mere 27 times since Ironically, House Joint Resolution 78 does and cast votes on as a Congressman, none its ratification in 1789, and 10 of those were more to restrict religious freedom than it does has been more volatile and contentious, nor ratified at once as the Bill of Rights. The origi- to preserve it. By forbidding federal and state has any decision been more agonizing than nal authors understood the importance of this governments from denying ``access to a bene- this, because it touches on religious beliefs document, and possessed the wisdom to write fit on account of religion'', House Joint Resolu- and practices which are at the very core of our it as a timeless testament to freedom from op- tion 78 encourages religious organizations to lives. And it is precisely because of the great pression and tyranny, political and religious. complete for government funding. Because all importance of this issues, to me and to my As I reflect on this blessed history, I harbor no groups cannot be funded equally, the award- constituents, that I must oppose this constitu- doubt whatsoever that each and every one of ing of government funds represents unofficial tional amendment. There are three reasons for those men beseeched his GodÐthe same government sponsorship of religious organiza- my opposition. God to whom we turn every day for guid- tions. This is the very situation the First First, the language of H.J. Res. 78 is seri- anceÐto bestow on him the wisdom to under- Amendment was enacted to prevent. Govern- ously flawed, will not accomplish what its au- stand the profound historic moment they were ment funding of religious groups allows gov- thors intend, and may in fact invite the very re- creating with His helping hand. That guidance ernment hands into the workings of these sultÐgovernment intrusion into private reli- served them well then, serves us well now, groups, makes them financial dependent on gious beliefs and practicesÐwhich its support- and requires no constitutional amendment government funds, and is just as bad idea. ers hope to outlaw. Two distinguished con- upon which to draw its strength and purpose. Mr. Chairman, I believe that House Joint stitutional scholars, whose legal and conserv- Mr. POSHARD. Mr. Speaker, after much re- Resolution 78 needlessly tampers with out na- ative credential are unquestioned, submitted flection and careful consideration, I must rise H4100 CONGRESSIONAL RECORD — HOUSE June 4, 1998 in opposition to this resolution, a constitutional personal choices inherent in religious faith ation. I rise in full support of this amendment amendment intended to preserve the freedom should remain not with government, but with which will remedy the damage done by past of religious expression. This is not a decision the individual where they belong. court decisions that have silenced religious ex- I make lightly, and because of the complexity Mrs. EMERSON. Mr. Speaker, I rise in pression. of this issue, I feel compelled to share with my strong support of H.J. Res. 78, the Religious Mr. PORTER. Mr. Speaker, I rise in opposi- colleagues my thoughts and concerns. Freedom Constitutional Amendment. I am tion to the resolution offered by my good Like most Americans, and I am sure like all proud to be an original cosponsor of this bill friend from Oklahoma, Mr. ISTOOK. Our first of my colleagues, I believe very deeply in our and would like to thank the author, Congress- Congress carefully drafted the First Amend- Constitution and its Bill of Rights. Amending man ISTOOK, and Judiciary Chairman HYDE for ment of the Constitution to include special pro- this document and altering in any way its fun- their hard work on this critically important tections for religious freedom. The government damental principles, which have guided this issue. may not impose or establish religion, nor may nation through centuries of growth and President Reagan once remarked, ``The the government restrict individuals from prac- change, is something to be done only in the First Amendment of the Constitution was not ticing their religion. rarest of circumstances. I have been ex- written to protect the people of this country I believe that the First Amendment and the tremely reluctant to tamper with the delicate from religious values; it was written to protect Equal Access Act adequately protect religious balance of political and moral tenets embodied religious values from government tyranny.'' liberty in public schools and other public in the Constitution, and I am not prepared to President Reagan recognized that the Found- places. The Supreme Court already permits do so today. ing Fathers did not intend for the First Amend- voluntary, individual prayer in public schools. For 200 years, the First Amendment has ment to limit or prohibit all religious expression Given the degree to which American school guaranteed the protection of all Americans in public life, which has been the unfortunate children and their teachers enjoy the right to from government intrusion on religious free- interpretation of liberal courts and high-minded freedom of religion, the proposed constitu- dom. Under this amendment, students cur- bureaucrats. The courts and bureaucracies tional amendment seems entirely unneces- rently enjoy significant opportunities for reli- have systematically eroded our First Amend- sary. gious expression within the school environ- ment right, which is why the legislation before My opposition to this proposed constitutional ment. School children are free to say grace us today is so necessary. amendment does not reflect hostility toward before lunch, pray privately, read the Bible One of the most glaring injustices resulting religion. To the contrary, I am sure that all citi- during a study period, distribute religious ma- from liberal court rulings is the restriction of zens treasure the religious freedom we enjoy terials to their friends and join voluntary reli- voluntary school prayer. It is a disgrace that in our country. For well over 2000 years, the gious clubs. I strongly support a moment of si- the law actually discourages children from reli- First Amendment has guaranteed our right to lence in schools, during which students could gious expression. I have authored a Constitu- worship as we choose, while at the same time pray, reflect or meditate according to their own tional Amendment, H.J. Res. 12, to reaffirm guaranteeing our right to be free from religious coercion, We already have a ``Religious Free- beliefs and desires. However, Representative the right to voluntary school prayer, and H.J. dom'' amendment, it is the First Amendment, ISTOOK's amendment would go much further Res. 78 would also achieve this important by permitting organized prayer and other sec- and it has served our nation well. goal. Mr. COSTELLO. Mr. Speaker, I rise today in tarian activities in public schools, as well as in I urge a strong yes vote on the Religious opposition to the Istook Amendment. I believe other public arenas such as courtrooms and Freedom Constitutional Amendment. prayer, reflection and spiritual observation are government offices. We cross a dangerous Mr. WELDON of Florida. Mr. Speaker, I rise important individual libertiesÐliberties that are line when we move from respecting a stu- in support of H.J. Res. 78, a Constitutional already protected by the First Amendment. dent's right to pray in private to imposing a Amendment restoring religious freedom, of Our First Amendment freedoms are the basis particular kind of prayer or expression of faith which I am a cosponsor, because I believe of our democratic institution. It is precisely be- on a group of students regardless of personal strongly that it is necessary to restore the cause of these constitutionally protected free- choice. rights of individuals to freely express their reli- doms that our country has flourished. Under the First Amendment, government is gious convictions wherever they may be: the At a time when most Americans want the not permitted to entangle itself in the affairs of workplace, a school, or on government prop- government to leave them alone, the Istook religious institutions. This is a fundamental erty. Amendment injects the federal government safeguard which has allowed many religions to It is essential that we ensure the religious into an argument where it is not neededÐto flourish in this nation and has provided religion liberties guaranteed in the Constitution to all regulate prayer in our nation's classrooms. with a large measure of autonomy from gov- Americans. I believe that in many instances, The Religious Freedom Amendment would au- ernment influence. Rather than preserve this the pendulum has swung in the opposite di- thorize government-sponsored prayer; I think separation, the Istook amendment would per- rection and, in response to fears of lawsuits, this sets a very dangerous precedent. The mit, or even require, the government to fund government and school officials have been government should not be in the business of religious activities on the same terms as secu- overly restrictive and, in many cases, have de- approving or disapproving specific prayers in lar activities. It would, in essence, allow the nied individuals their Constitutional rights to public placesÐincluding schools. The govern- use of tax money to advance particular reli- express their religious views in the public ment instead should be working to keep our gions, without regard for the personal, spiritual sphere. Also, in the workplace some employ- constitutionally-protected right to freedom of beliefs of individual taxpayers. Furthermore, ers have silenced religious expression be- religion. Today, America's school children can once religious organizations begin to receive cause of fear of lawsuits by employees who and do pray in their own schools, during re- government assistance, they become subject are intolerant of religious expression. cess, at breaks and before and after they go to government restrictions, further infringing It is wrong for a teacher to give a child a to school. The lesson to pray is one taught by upon the fundamental guarantees of the First failing grade because the child chose to write their parents at home, not by their public Amendment. their school assignment on Jesus Christ. It is school teacher. Mr. Speaker, my faith and religious convic- also wrong to stop a child from saying a bless- The Istook Amendment is a threat to pre- tions are deeply held. I unequivocally support ing over their meal at the school cafeteria. serving our freedom to worship as we see fit the right of all Americans to practice and ex- Also, it was wrong for the courts to rule that and without government interference. Will press their personal religious beliefs and the a moment of silence at public school is uncon- schools and the government begin to decide right of all students to worship privately in a stitutional because it could be used by stu- which prayers and which religions are ``good'' school setting. However, I believe that we al- dents for silent prayer. These acts have si- for our children? In my opinion, this opens the ready have a Constitution and Bill of Rights lenced religious expression and run counter to flood gates for community division based on which guarantee these freedoms. We must re- the First Amendment. religious beliefs. If a school has a class of main vigilant and ensure that government con- This Constitutional Amendment declares Catholic, Muslim, Baptist and Jewish students, tinues to respect and protect the freedom of that people have a right to pray and to recog- what time do each of them pray? Are some religious expression that has been enjoyed in nize their religious beliefs, traditions, and herit- students excused so that an organized section America for over 200 years. But we must not age on governmental property and in schools. of school time can be set aside for a specific allow government to become entangled with In addition, it states that the government can- religion's prayer? These children now pray as religion in such a way that the delicate bal- not require people to participate in religious they are allowed under the First Amendment. ance constructed by our Founding Fathers is activities, discriminate against religion, initiate Nothing more is necessary. upset. I will therefore vote against this amend- or designate school prayers, or deny equal ac- I can think of few issues other than school ment, secure in the conviction that the deeply cess to a benefit because of a religious affili- prayer which create such a debate on this June 4, 1998 CONGRESSIONAL RECORD — HOUSE H4101 House floor and across the Nation. I would The Court foundÐdespite a complete lack What we are really doing here, my friends, like to point out again we already have vol- of historical evidenceÐthat the phrase ``lib- is redefining the meaning of religious freedom untary prayer in schools. Quiet moments or erty'' in the Fourteenth Amendment included, which was cherished and flourished until periods of reflection, before school meetings or in their words ``incorporated'' the establish- 1947Ðwhen a Supreme Court on its own and after-school religious clubs have been ment clause. Keep in mind, the Fourteenth agendaÐventured into the policy arena. protected by our courts and by Congress. Amendment was ratified eight years prior to We are limiting religious freedom under the Thousands of students across the country are the Blaine amendment's failed attempt to RFA to the right to merely acknowledge or exercising their right to express and debate apply establishment principles to the states. recognize. their religious views at school. Since 1947, the CourtÐwith its newfound I do not believe that the RFA will restore I am also concerned that this amendment power over the statesÐhas prohibited all 50 true religious freedom in America. could mandate the use of public funds to sup- states from allowing prayer, Bible reading, and Mr. PACKARD. Mr. Speaker, I rise today in port private schools. We have many problems the posting of the Ten Commandments. support of H.J. Resolution 78, the Religious in our education system. We will have many What has the Supreme Court's application Freedom Amendment. This bill will guarantee more if we allow limited tax dollars to be di- brought us? A severe curtailing of the public that individuals may recognize and express verted to nonpublic education. Rather than si- expression of religion. their religious beliefs, heritage or traditions phoning money away from public education, As Mr. ISTOOK has pointed out, in nearly anywhere in America, including public schools. we should focus on fixing the problems so that every state of the nation our local and state Let me point out that H.J. Res. 78 does not all school children will benefit. It is bad public officials have come under the control of the mandate religious worship in public schools, policy to abandon our federal commitment to Supreme Court not only out of touch with the allow the government to promote religion, or public education. What will happen to students Constitution, but also a Supreme Court with its force people to pay taxes to support religion. left behind in public schools when their re- own policy agenda. In fact, it specifically states that ``the govern- sources are given away? And herein lies my first objection to the ment shall not require any person to join in Mr. Speaker, America's children have all of RFA. prayer or other religious activity.'' Rather than keep the control over the public the protection they need without further gov- The Bill of Rights guarantees the freedom of expression of religion with state and local gov- ernment oversight of school prayer. I urge my religion, not freedom from religion. I find it very ernmentÐas did the First Amendment until colleagues to vote no on the Istook Amend- disturbing that while the courts support the 1947Ðthe RFA legitimizes the Supreme ment. rights of everyone from flag burners to Klans- Mr. HOSTETTLER. Mr. Speaker, I rise in re- Court's control. men, activist judges continue to restrict reli- If this amendment is ratified, our states will luctant opposition to this amendment because gious expression anywhere and everywhere in forever lose their ability to define the appro- I understand the motivation behind the Reli- America. priate level of public expression of religion. The Amendment we are debating today is gious Freedom Amendment, or RFA, and The RFA is not a clarification, it is a new share its supporter's frustration with the Su- very simple. We are not just protecting any amendment. particular religion or set of beliefs. This preme Court's misguided applications of the So what did the establishment clause pro- amendment protects the very foundation this First Amendment. hibit Congress from doing? It says ``Congress nation was built on and it should be supported But the RFA is the wrong means to instruct shall make no law respecting an establishment the Court. In fact, I fear that should the RFA of religion.'' by every Member of this body. Mr. Speaker, be ratified, supporters of religious freedom What is an establishment? this is a subject of deep personal conviction willÐfor a short-term gainÐjettison the very Clearly, it refers to the appropriate level of for me. Again, I rise to support the Religious heritage they seek to protect. expression of religion either on public prop- Freedom Amendment. My colleagues, the RFA is not a clarification erty, by public officials, or through public The SPEAKER pro tempore (Mr. of the First Amendment, it is a new amend- funds. DICKEY). All time for general debate ment. What level of public expression of religion has expired. This becomes clear when we consider the constitutes an establishment has been the AMENDMENT OFFERED BY MR. BISHOP establishment clause of the First Amendment, subject of much debate. Mr. BISHOP. Mr. Speaker, I offer an which we are today seeking to amend. Opinions currently range from those, on the amendment. The establishment clause states, as it has one hand, like Justice Joseph Story in 1833 The SPEAKER pro tempore. The since 1791, that ``Congress shall make no law and the House and Senate Judiciary Commit- Clerk will designate the amendment. respecting an establishment of religion.'' tees in 1853 and 1854, who believed that es- The text of the amendment is as fol- This clause is not without meaning. tablishment means a national church or de- lows: Let us first take the term ``Congress''. nomination, to, on the other hand, the current Amendment offered by Mr. BISHOP: This term clearly limits the application of the Supreme Court which believes that any gov- Page 3, line 18, strike ‘‘acknowledge God’’ clause to the federal legislature, not to the ernment action that might advance religion and insert ‘‘freedom of religion’’. states. In fact many states had established re- Page 4, beginning in line 1, strike ‘‘dis- constitutes establishment. criminate against religion, or deny equal ac- ligion at our nation's founding. Massachusetts, Whatever the historical meaning of the term for example, paid the salaries of the Con- cess to a benefit on account of religion’’ and ``establishment,'' I have reservations about the insert ‘‘or otherwise compel or discriminate gregational ministers in that state until 1833Ð RFA's apparent re-interpretation of that term. against religion’’. 42 years after the ratification of the First The language of the RFA suggests that any The SPEAKER pro tempore. Pursu- Amendment. action beyond ``acknowledgment'' or ``recogni- Indeed, it was even proposed but then re- ant to House Resolution 453, the gen- tion'' of God is in violation of establishment. tleman from Georgia (Mr. BISHOP) and jected by Congress to directly apply the reli- Indeed the entire amendment is prefaced on the gentleman from Florida (Mr. CAN- gious clauses of the First Amendment to the the mere right to ``acknowledge.'' ADY) each will control 30 minutes. States. Does this mean that thirty years from now In 1876, eight years after ratification of the we will be told by the Supreme Court that PARLIAMENTARY INQUIRIES Mr. ISTOOK. Mr. Speaker, I have a Fourteenth Amendment, Congress considered mentioning the Bible, or wearing a cross, or parliamentary inquiry. a constitutional amendment introduced by crossing yourself, is prohibited by the RFA be- The SPEAKER pro tempore. The gen- Senator James Blaine of Maine. cause it goes beyond acknowledgment and The Blaine amendment read: ``No state shall tleman will state it. into the particular? Mr. ISTOOK. Mr. Speaker, I want to make any law respecting an establishment of Does this mean that school prayers which make sure that everyone understands, religion or prohibiting the free exercise thereof. go beyond simple recognition will be forbid- the amendment that is offered by the * * *'' This amendment was debated at length den? and defeated in the Senate. What about worship? gentleman from Georgia (Mr. BISHOP), With this clear legislative precedent, one Time will tell. which is very worthy of consideration, must wonder how the establishment clause Or maybe I should say, a future Supreme actually has two different topics that came to be applied to the States. Court will tell. are addressed in it. I believe under the Well, the fact is that it did not occur until The First Amendment is not the problem. Rules of the House that it is proper to 1947. The Constitution is not broken. request a division when it comes time In that year, the Supreme CourtÐfor the The problem we face is with judicial mis- to vote so we will have separate vote first timeÐdecided that the establishment interpretation, or misapplication, which Con- on the first issue and then a separate clause should apply to the states. gress could address, if it had the will. vote on the second one. H4102 CONGRESSIONAL RECORD — HOUSE June 4, 1998 I want to make a parliamentary in- stealing guns and ammunition and speaker after speaker today, and that quiry if that is correct and if it is at opening fire on their teachers and their is the language that is called the equal this time or a later time that I need to students, and youngsters angry at par- advice language that would remove the make the request for the division. ents set fire to the beds that they are denied equal advice to a benefit lan- The SPEAKER pro tempore. The gen- sleeping in, killing them without re- guage and prohibit the United States tleman may make that request now. morse. or any State from requiring any person Mr. ISTOOK. Mr. Speaker, I request Drive-by shootings in urban and to join in prayer or other religious ac- that when the vote is called upon the rural areas killing rap stars and inno- tivity, prescribe school prayer or oth- amendment now before the House, that cent babies persist. Drugs, dropouts, erwise compel or discriminate against the question be divided so that we may hopelessness, 12- and 13-year-olds fully religion. vote separately on the first part relat- believing that they will not live to see This would eliminate a lightning rod ing to the mention of God, and the sec- their 21st birthday. Yes, it may be the for litigation or what would constitute ond part separately relating to bene- best of times, but it is also the worst of equal access. Here we are dealing with fits. times. something that is obviously going to Mr. SCOTT. Mr. Speaker, I have a When I was a boy growing up in Mo- cause reasonable minds to disagree. parliamentary inquiry. bile, Alabama, each and every day for Rather than fret over that, if we can The SPEAKER pro tempore. The gen- 12 years I started school with The protect religious expression and care- tleman will state it. Lord’s Prayer, the Twenty-third fully crafting the language so as not to Mr. SCOTT. Mr. Speaker, I would ask Psalm, the Pledge to the Flag, and My invite disagreement, I believe we can if this is permissible under the rule Country Tis of Thee. The stated moral accomplish the purpose. that was adopted for the consideration values that are repeated day in and day Mr. Speaker, I do not have all of the of the bill. out in those passages of the respect for answers to what is happening in our so- The SPEAKER pro tempore. The rule the flag, the patriotism learned from ciety today. But I believe that the val- does not prohibit a division of the ques- the pledge and the song gave genera- ues that I learned day in and day out tion for the purposes of voting on the tions of students, including me, a foun- for 12 years reciting those passages of amendment. dation of character, patriotism and scripture, the prayer, pledging to the Mr. ISTOOK. Mr. Speaker, I request love for our country. flag and singing My Country Tis of that division. That is not so today. For over 30 Thee helped give me a grounding in The SPEAKER pro tempore. The years with the series of Supreme Court values and respect that seems to be de- question on adopting the amendment decisions, the pendulum has swung void with today’s generation. will be divided between the first in- away from the freedom of religion that It is my hope that by the adoption of struction to strike and insert on page 3 was envisioned and embraced by the the language in the Bishop amendment and the second instruction to strike Founding Fathers, to a wall of separa- that we would be able to accomplish and insert on page 4. tion, of hostility and of contempt for the purpose of restoring the right of The SPEAKER pro tempore. The the expression of religious faith in pub- people to stress their religious heritage Chair recognizes the gentleman from lic places, including our schools. and faith in public places, including Georgia (Mr. BISHOP). There is now more protection for schools, without discrimination and Mr. BISHOP. Mr. Speaker, I yield nude art and pornographic literature without the ethnocentric or Judeo- myself such time as I may consume. than there is for religious expressions Christian emphasis on an Mr. Speaker, this is a very, very seri- in public places. That, Mr. Speaker, is anthropomorphic God. ous and profound amendment. And as simply not right. I would ask the Members of this all of the speakers thus far indicated, So I congratulate the gentleman House to consider if they do not feel this is not to be taken lightly. from Oklahoma (Mr. ISTOOK) for lead- comfortable voting for the Istook I offer an amendment to the Istook ing the effort to restore religious free- amendment as drafted, here is some- amendment. While I am a cosponsor of dom to our public life. I am a cosponsor thing that they can vote for. It answers Istook, I do believe that Istook can be of the Istook amendment, and I intend the problems that many of the critics improved upon to meet some of the ob- to vote for it. But I believe that it can have raised, and it still accomplishes jections raised by the critics. But be- be perfected and it can be made just a the purpose. fore I get into the details of my amend- little bit better. If this amendment is adopted, our ment, I would like to make some gen- The first portion of my amendment, Constitution would simply have these eral comments. which has been asked to be divisible, additional words: to secure the people’s Many years ago in England, Charles would establish as the amendment’s right to freedom of religion according Dickens wrote in his book, A Tale of purpose to secure the people’s right to to the dictates of conscience, neither Two Cities, that it was the best of freedom of religion, as opposed to the the United States nor any State shall times and it was the worst of times. committee’s version, which would se- establish any official religion, but the Today, here in America, I am reminded cure the people’s right to acknowledge people’s right to pray and to recognize of those words, for we, too, have the God. their religious beliefs, heritage or tra- best yet the worst of times. Because God is a term that is used in ditions on public property, including On the one hand, times are good. The western religions to refer to a deity, schools, shall not be infringed. Neither economy is booming; the stock market but other religious faiths use other the United States nor any State shall is soaring; employment is up; wages terms rather than God, such as Allah require any person to join in prayer or are up; inflation down; interest rates or Vishnu or Shiva or Brahma, in the other religious activity, prescribe down; corporate profits up. The deficit case of Hinduism, or Kami, in the case school prayers or otherwise compel or is coming down. The budget is on the of Shintoism. And some such as Tao- discriminate against religion. way to being balanced. The major ism do not center themselves about a Here we have it. Fully balancing the crime rate is down. More people are deity. right to participate and to express reli- healthier and have access to health I believe, Mr. Speaker, that in order gious traditions and faith or not to do care than ever before. Things appear to to make the Istook amendment more so. Not tipping the balance one way or be going well. ecumenical so that it will not be tar- the other. But, on the other hand, there are geted to those of us who share the I would like to ask that Members strong indicators that our morals have Judeo-Christian faith but rather open consider this is not coercive, this is not decayed and that too many of our chil- to reflect the diversity of all of Ameri- a religious test for benefit of govern- dren are not learning and living the ca’s religions, I believe that it would be ment. In fact, we remove the benefits high moral values and do not have the appropriate for us to amend that lan- language altogether. It is clear that respect for human life and human prop- guage. there will be no establishment of a reli- erty. The second part of my amendment gion. It is clear that people will be al- Youth crime and violence is up. Chil- would simply remove some of the lan- lowed to recognize their beliefs and dren are breaking and entering and guage that has been criticized by heritage on public property, including June 4, 1998 CONGRESSIONAL RECORD — HOUSE H4103 schools and that that will not be in- Again, I am struck by the irony that provision prohibiting the denial of fringed. we would be considering a proposal to equal access to benefits on account of b 1515 remove God from the underlying religion, is very much on target in cor- amendment as we stand here in this recting a very real problem that exists. How will that happen? People say we Chamber debating, when on the wall I would suggest that we would be step- do not want to embarrass a child. This inscribed above the Speaker’s chair are ping very much in the wrong direction will foster diversity. One of the beau- the words ‘‘in God we trust.’’ to adopt the gentleman’s proposal on tiful things about America is that we Mr. BISHOP. Mr. Speaker, will the this point. have a diverse population. And as early gentleman yield? Mr. Speaker, I reserve the balance of in life as school children can learn that Mr. CANADY of Florida. I yield to my time. there are differences that need be re- the gentleman from Georgia. Mr. BISHOP. Mr. Speaker, I yield spected, the better we will be and the Mr. BISHOP. Mr. Speaker, the gen- myself such time as I may consume. better they will be as adults. So if they tleman is aware that nowhere in our The gentleman spoke to the striking can learn to hear dissenting or differ- existing Constitution now does the of the portion that refers to God. It is ing views in the proper context on an word ‘‘God’’ appear, not even in the clear that we have more religions in equal basis, that would, I believe, stim- First Amendment. And while we recog- this country, we have a very diverse ulate the democratic principle of diver- nize that on our money and in the Con- country, and that there are a number sity and would help us to have a much stitutions of most States the word of religions where the deity is referred more congenial society, helping us to ‘‘God’’ does appear, not in the supreme to by a name other than God. be able to disagree agreeably. law of the land, our United States Con- The gentleman and I share a common I believe that if we adopt this lan- stitution. religious heritage and of course God is guage, this will take place. Mr. CANADY of Florida. Reclaiming certainly appropriate in our faith. Mr. Speaker, I reserve the balance of my time, Mr. Speaker, I understand However, there are other religions my time. Mr. CANADY of Florida. Mr. Speak- the gentleman’s point, but I think that which we are duty bound as upholders er, I yield myself such time as I may the fact is that I believe in all 50 State of the Constitution, in providing equal consume. Constitutions reference to God is made. protection of all of our laws, to sup- Mr. Speaker, I do rise in opposition In our Declaration of Independence ref- port. For example, the term Allah in to this amendment. I want to acknowl- erence is made to the Creator. the religion of Islam, which they be- edge that the gentleman who is propos- Throughout our life as a Nation ref- lieve means the one and only God; or ing this amendment has been a sup- erences have been made to God in pub- Vishnu, Shiva, Brahma in the case of porter of the underlying proposal and I lic documents and public events. So to the religion of Hinduism; Kami in the appreciate his support for this pro- attempt to cleanse the underlying religion of Shintoism. Then there is posal. I respect his motivation in offer- amendment of the word ‘‘God’’ I think the religion of Taoism which is not ing these amendments. I understand is simply moving in the wrong direc- centered around a deity at all. that he believes that this is a way to tion and is inconsistent with the fun- And with the complete diversity that improve and perhaps make the amend- damental purpose of this amendment. our country now shares, it would seem ment somewhat less controversial, but I would just suggest to the Members totally inappropriate for us to intro- I must strongly oppose the amendment that they look at what this amend- duce for the first time into the su- offered by the gentleman from Georgia, ment would do and judge it in light of preme law of the land, our Constitu- notwithstanding my respect for his in- the history of our Nation and in light tion, the word ‘‘God’’ to the point that tentions. of the 50 State Constitutions. it would discriminate against all of I would just ask that the Members Turning to the second part of the these other religious heritages and tra- focus on exactly what the proposal of amendment, which would remove the ditions. For that reason, for that rea- the gentleman from Georgia would do. prohibition on the denial of benefits on son only, we want to make it sectarian, It essentially has two provisions, as he account of religion, I would simply ask, neutral and ecumenical, so that rather has explained. I think if we look at why should anyone, any individual or than saying to secure the people’s right these two provisions, we should con- any institution, be denied a benefit on to acknowledge God, that we say to se- clude that this amendment is not wor- account of religion? Why should we cure the people’s right to freedom of thy of adoption by the House. allow that to take place? religion and that protects whatever The first provision in this amend- Why should any person or any insti- that person’s religious heritage might ment would simply remove the ref- tution be subjected to a disadvantage be. erence to God in the phrase ‘‘to secure because of that person or institution’s Mr. Speaker, I yield 2 minutes to the the people’s right to acknowledge God religious nature or religious activity? gentleman from Maine (Mr. BALDACCI). according to the dictates of con- It seems to me to allow such a policy of Mr. BALDACCI. Mr. Speaker, the science.’’ It would take that reference disadvantaging people and institutions gentleman’s amendment is going to to God out of this proposed amendment simply because they are religious is the make some technical changes that are to the United States Constitution. antithesis of our goal of protecting the going to make an objectionable bill a The other provision that the gen- free exercise of religion. Indeed, to little bit better. It is going to delete tleman has proposed would eliminate deny a benefit on account of religion is provisions saying that governments the prohibition on the denial of equal to punish the free exercise of religion. cannot deny equal access to benefits on access to benefits on account of reli- I am not suggesting that the gen- the basis of religion. But still, in the gion that is contained in the amend- tleman from Georgia intends to punish underlying bill, as it was in 1960 for ment. the free exercise of religion. I do not President Kennedy, as it is for us today I believe that both of these proposals believe that is his intention. But I and for the Founding Fathers when would move the amendment in exactly would have to submit to the gentleman this country was established, there has the wrong direction. I would simply and to the Members of the House that been a belief in a separation of the ask Members of the House to consider, I believe that that would be the result, church and State which is absolute. what is the problem with recognizing the unintended result of the adoption This amendment is in search of a the people’s right to acknowledge God of the proposal that he is advancing. problem. It is based on the false according to the dictates of con- It makes no sense to deny someone premise that the Constitution merely science? I am afraid that this amend- or some institution a benefit on ac- prohibits the establishment of a na- ment that the gentleman is proposing count of religion. That is not what the tional religion. In fact, the first Con- fits in with the prevailing politically First Amendment was intended to do. gress considered and rejected earlier correct view that it is somehow inap- It is a perversion of the First Amend- drafts of the First Amendment that propriate or offensive to mention God ment that we see court decisions and would have simply prohibited a na- in our public life. That is one of the other governmental decisions that tional religion. So this amendment things that we are attempting to com- have had that impact, and I believe would effectively permit the govern- bat with this particular amendment. that the underlying amendment, in its ment to sponsor religious expression. H4104 CONGRESSIONAL RECORD — HOUSE June 4, 1998 The Bishop amendment is going to go sons and daughters will be free to prac- 10th commandment, ‘‘You shall not to make these technical changes, but tice their faith in accordance with covet your neighbor’s property.’’ What the underlying amendment to the Con- their conscience and whether the con- is it that they oppose from having that stitution that is being proposed is an stitutional guarantees that our Found- posted on that pillar? amendment that would effectively per- ing Fathers wrote into that document America was founded so that all men mit the government to sponsor reli- of religious freedom will live on or will and women would be free to worship gious expression. Whose prayer will be perish. God. The future of that freedom is at used? If prayers are read over the inter- Over the last 30 years, the Supreme stake in today’s vote. com, where do students go who object Court has failed to apply the true My colleagues, I ask you for a mo- to prayer going on during that time? meaning of the First Amendment. In ment, let us put politics aside. Above Would the government be required to case after case the court has chosen to us are the words ‘‘in God we trust.’’ I financially support religions, and support not freedom of religion but ask you to search your heart and de- which ones? freedom from religion. It rulings seek cide whether you will be on the side of The fact remains that religion has to systematically wipe out any mani- freedom or the side of repression. Will not been shut out of the public square festation of faith from every part of you make the same commitment today or public school. Court decisions have the public sphere. that the Union soldiers of the Civil War reaffirmed the right of private citizens For example, one of the most endear- made 140 years ago to the freedom of all human beings? to erect religious symbols in public ing memories that I have in my first Let us all, Republicans and Demo- areas and to have access to public fa- term of Congress was when I spoke to a crats, put aside politics and vote for cilities for religious activities. Under graduating class in Triton High School the freedom of religion amendment. the Constitution as it stood for the last at Shelby County, Indiana. Every grad- Let us restore freedom of religion and 200 years, individuals in public schools uating senior said a prayer for his or not freedom from religion in the Con- and other public places clearly have her classmates that day, yet the Su- stitution. Let us vote yes so that when the right to voluntarily pray privately preme Court would not let them have a we look back on this day, it will one and individually, say grace at lunch- minister come and say an invocation. day be said, ‘‘As He died to make men time, hold meetings of religious groups b 1545 holy, we lived to make men free.’’ on school grounds, use school facilities God bless you all. like any other school club, and read That is freedom from religion, not Mr. BISHOP. Mr. Speaker, I yield 2 the Bible or any religious text during freedom of religion. minutes to the gentleman from Illinois In another part of my district, in study hall, other free class time or (Mr. DAVIS). breaks. Parker City, Indiana, the Indiana Civil Mr. DAVIS of Illinois. Mr. Speaker, I This amendment, the underlying Liberties Union sued the local school thank the gentleman for yielding me amendment to amend the Constitution, district to stop a 30-year-old tradition this time. in fact would significantly harm, not of staging a live nativity scene during Mr. Speaker, I rise in support of the help, religious liberty in America, and the Christmas holidays. The court in Bishop amendment. I do so because I is contrary to our heritage of religious that case forbade the children from have basically been taught that the freedom that has ensured our Nation’s participating in the nativity scene dur- true mark of statesmanship is to seek current separation of church and state. ing school hours and banned the nativ- common ground and find it, and then It seems very ironic, Mr. Speaker, that ity scene from the school grounds. proliferate it and show it so that oth- in 1960 when President Kennedy was Again, this is not freedom of religion, ers can see it. going around trying to make sure that it is freedom from religion. I believe that that is exactly what people understood that there was a sep- These battles continue today. In Elk- the Bishop amendment attempts to do. aration, that we seem to be trying to hart, Indiana, the Indiana Civil Lib- It attempts to put in broad perspective embrace it today. erties Union is suing once again, this the freedoms that we have in this coun- Mr. CANADY of Florida. Mr. Speak- time to remove the 10 Commandments try to worship as each individual deter- er, I yield 5 minutes to the gentleman from a pillar that was erected as a mines. I listened to the last speaker talk about the idea of freedom to make from Indiana (Mr. MCINTOSH). monument to World War II 40 years Mr. McINTOSH. Mr. Speaker, I thank ago. Again, freedom from religion, not men holy, to make men free, to allow the gentleman for bringing this bill to freedom of religion. each and every individual to do in a the floor. I rise in opposition to the The monument in question was do- way his own kind of worshiping. The only thing that I have heard today that amendment. nated to the city by the Fraternal More than 100 years ago our young Order of Eagles in a Memorial Day actually would do that would be the Nation faced the first great test in its ceremony in 1958. In that ceremony, Bishop amendment. I would urge my colleagues, those dedication to the principle that all local protestant, Catholic and Jewish who are in favor, those who are against men are free. In that Civil War more clergy all spoke and endorsed the monument. It happens to include two the main idea, to look at the Bishop than 600,000 soldiers gave up their lives, amendment as a way of providing Stars of David, a Pyramid with an Eye, more casualties than any other war in something for everybody in America a Christian Kairos symbol, an eagle our country’s history, for the moral relative to religious freedom. I thank and a flag. cause of ending slavery and securing the gentleman for his amendment. freedom. What do the opponents have against Mr. BISHOP. Mr. Speaker, I yield 2 During that war, the abolitionist the 10 Commandments? Is it the first minutes to the gentleman from North commandment, ‘‘You shall have no Julia Ward Howe visited a Union camp Carolina (Mr. HEFNER). near Washington, and amidst the car- other gods before me’’? Or the second Mr. HEFNER. Mr. Speaker, I am a nage of war, the valor and courage she commandment, ‘‘You shall make for little bit confused. The Istook amend- saw there inspired her to write one of yourself no graven image’’? Or the ment I would like if only the Baptists our Nation’s favorite songs, the Battle third commandment, ‘‘You shall not were protected and we can set the Hymn of the Republic. The final stanza take the name of the Lord your God in prayer and whatever. But that is not of this hymn is particularly moving to vain’’? Or is it the fourth command- what we are talking about. me: ment, ‘‘Remember the sabbath day and But the way I understand it, and I ‘‘In the beauty of the lilies Christ keep it holy’’? Or the fifth command- hope the gentleman from Florida is lis- was born across the sea, with a glory in ment, ‘‘Honor your father and your tening, he objects to taking out the his bosom that transfigures you and mother’’? Or the sixth, ‘‘Thou shalt not word ‘‘God’’ in this amendment. If you me. As he died to make men holy, let kill’’? Or maybe the seventh command- do that, do you exclude the Muslims, us die to make men free, while God is ment, ‘‘You shall not commit adul- do you exclude the Buddhists or what marching on. Glory, glory, hallelujah.’’ tery.’’ Is it the eighth commandment, have you, which is not something that Today in this Congress we fight a ‘‘You shall not steal’’? Or the ninth, is high on my agenda, I do not under- new moral battle. Through this battle ‘‘You shall not bear false witness stand those religions, but if the amend- we will determine whether or not our against your neighbor’’? Or maybe the ment is to have a freedom of religion, June 4, 1998 CONGRESSIONAL RECORD — HOUSE H4105 and these are classified as religions, solely at those people who believe in Mr. Speaker, I appreciate the com- they can only have a prayer that says God. All I want to do through my ment of my colleague from Georgia. ‘‘God.’’ amendment is to broaden it to the However, I must respectfully disagree Mr. CANADY of Florida. Mr. Speak- point where it protects the freedom of with him. This is a very fundamental er, will the gentleman yield? religion, whatever that religious tradi- question of tolerance and fairness. Mr. HEFNER. I yield to the gen- tion might be, whether it is the prac- I think that the intent of this amend- tleman from Florida. tice of worshiping God, as I do, or ment is good. The intent of the Istook Mr. CANADY of Florida. Mr. Speak- Allah or any of the other of the world’s amendment is good. I certainly intend er, no one is excluded from this protec- recognized religions. to vote for the amendment, because I tions of the amendment any more than Mr. Speaker, I reserve the balance of think it is high time that we protect people or ideas are excluded by the my time. religious freedom. However, the only words ‘‘in God we trust’’ here on the Mr. INGLIS of South Carolina. Mr. way that we can protect religious free- wall of this Chamber. Speaker, I yield 2 minutes to the gen- dom is to protect everyone’s right to Mr. HEFNER. The point I am trying tleman from Georgia (Mr. KINGSTON). worship in his or her tradition. This to get at, we spend lots of money to get Mr. KINGSTON. Mr. Speaker, I use of the word capital G-o-d, God, is a elected to come here. We do not have thank the gentleman for yielding me term that is used in the Judeo-Chris- to come for the Pledge of Allegiance or this time. tian tradition. It is not used in the whatever. But in these other areas I want to start off by saying I have Muslim tradition or the Hindu tradi- where you are talking about, these great respect and sincerity for my tion or the Buddhist tradition or the children come and some of their par- friend from Georgia, but I disagree Taoist tradition or the Shinto tradi- ents are Muslim, all different kinds. In with him on this particular issue in tion. that context, if the word ‘‘God’’ is in terms of using the word ‘‘God.’’ I think For that reason, if we are going to be there, then you are excluding some removing the word ‘‘God’’ is not just a the land of the free, the home of the people. It seems to me that you would casual suggestion or a technical cor- brave, if we are going to allow equal say that you will not infringe on the rection. It is a very meaty change to opportunity for all to enjoy the protec- religious beliefs. the gist of this. tions of this amendment and not just Mr. CANADY of Florida. If the gen- In fact, what many people want to do those people who believe in God, then tleman will yield, I simply think the is acknowledge God, not to the exclu- we ought to say, ‘‘In order to secure gentleman is mistaken about the im- sion of other religions but to say that the people’s right to freedom of reli- pact of the language. No one would be God is the head, regardless of what you gion,’’ whatever that religion may be. excluded from the protections of this call him. We think God is great. We Mr. Speaker, may I inquire of the amendment. All religions would be pro- think God is good. We want to have the time remaining? tected, all people of faith, and, quite word God in there. Guilty as charged. The SPEAKER pro tempore (Mr. frankly, people not of faith are pro- The words up here that I look at, in DICKEY). The gentleman from Georgia tected. God we trust, should we say in blank (Mr. BISHOP) has 71⁄2 minutes, and the The problem we are trying to get at we trust? Or maybe instead of saying gentleman from South Carolina (Mr. in this amendment is there has been a God Bless America in the great song, INGLIS) has 17 minutes. desire to kind of exclude people of faith maybe we should say fill-in-the-blank Mr. BISHOP. Do I have the right to from the public arena and any ref- bless America. Or in the Pledge of Alle- close, Mr. Speaker? erence to God or faith in the public giance, one Nation under fill-in-the- The SPEAKER pro tempore. No, the arena. That is what we are trying to blank with liberty and justice for all. gentleman from South Carolina has the address. I understand the gentleman’s At some point, you have to say, right to close. concerns. I simply do not think they enough is enough. Mr. BISHOP. On my amendment, sir? are well founded. Today, Mr. Speaker, we have lots of The SPEAKER pro tempore. The gen- Mr. HEFNER. What I am getting at, constitutional scholars. People are tleman is correct. a Muslim child or their parents are coming out of the woodwork as con- Mr. INGLIS of South Carolina. Mr. Buddhist, they could not say the pray- stitutional experts today. I am glad. I Speaker, I yield 2 minutes to the gen- er, could they? did not know we had 435 of them in this tleman from New York (Mr. HOUGH- Mr. CANADY of Florida. Again, if the Chamber. It is going to be something TON). gentleman will yield, that is simply good for all issues from here on out. (Mr. HOUGHTON asked and was not accurate. But whenever you bring out some- given permission to revise and extend Mr. BISHOP. Mr. Speaker, I yield thing simple, like allowing children in his remarks.) myself such time as I may consume. a school to have a student-led prayer Mr. HOUGHTON. Mr. Speaker, I re- I have to point out in response to the for somebody who has a sick mother or spect the gentleman from Georgia (Mr. gentleman from Florida that it is clear before a football game or before a grad- BISHOP). He has talked eloquently from the wording of the first sentence uation, you get all these experts in about a very, very sensitive subject. of this amendment that everything there. You know, are these things real- There is no question that this amend- that follows is prefaced as its purpose ly to be feared? A prayer before gradua- ment improves the bill. However, it upon securing the people’s right to ac- tion? A prayer before a football game? does not change the basic premise of it, knowledge God. This is a technical Somebody’s mother gets sick and you that is, a bill which I basically oppose. amendment. I am trying to help the say, let us all pray for Susie’s mother It is hard to sort out the issues here, committee’s amendment and the who was in a horrible car wreck. Are because both sides claim they are on Istook amendment by at least making these things to be feared? the side of the righteous. Since 1995, we sure that no one is discriminated These prayers will not be headed by have had a religious equality amend- against, that any religious tradition or the teachers. The school cannot en- ment and a religious liberty amend- belief is protected, not just those peo- dorse a religion. The school will not be ment, and now we have got a religious ple who want to acknowledge God, funding religions. But the rhetorical freedom amendment. What are we try- whom I would want to acknowledge, terrorists who are against this and gen- ing to do? Who are we trying to help? but there are Muslims, there are Tao- erally against school prayer would What are the facts? ists, there are Shintos, there are Hin- have you believe that we are trying to b dus, there are Buddhists, there are publicly finance religion. It is not the 1545 Zoroasters. All of these religions de- case. Well, the facts are, as I see them, serve the same protections if they are Vote down this amendment. Vote for these: practiced by people who have the pro- the legislation. Let us give our school This is a constitutional amendment. tections of our Constitution. kids the right to enjoy prayer before It will alter the First Amendment’s re- Unless this language is changed, I be- football games. ligious clause for as long as we can see; lieve that this amendment will be fa- Mr. BISHOP. Mr. Speaker, I yield and, thirdly, it expands government’s tally flawed, because it is targeted myself such time as I may consume. involvement in religious activities, and H4106 CONGRESSIONAL RECORD — HOUSE June 4, 1998 is this really what we want? When I these problems cannot be addressed by Now I think if the Founding Fathers was elected here in 1986, one of the eliminating basic constitutional pro- were here present they would think, premises on which I came down here tections. now this is rather strange that they was to try to get government out of Let us not allow legitimate concerns are taking time on the floor to discuss peoples’ lives. about morality to curdle into an effort this because surely this is what we in- I received a letter 2 days ago from an to restrain religious freedom. Ameri- tended, a public expression of a private 83-year-old lady in my district, and let cans are already God-fearing people. faith. Why do they need to reiterate me just read you part of it: There is no reason to make them fear this? Well, the reason is unfortunately I remember when there was mandatory their Constitution. a series of decisions and a whole milieu prayer in my public school. Before the pray- PARLIAMENTARY INQUIRY that is created out of those decisions er, which was recited by the teacher, those Mr. EDWARDS. Parliamentary in- makes it so that we have to reiterate who were non-Christians had to leave the quiry, Mr. Speaker. this. room and stand in the hall until the prayer The SPEAKER pro tempore (Mr. The last speaker at this podium said was over. I am a Christian, but I decried this DICKEY). The gentleman will state his something about the explosive growth practice then and I do now 60 years later. parliamentary inquiry. The Supreme Court did not take God out of of prayer groups in schools and the Mr. EDWARDS. Mr. Speaker, I would ability of students to pray. Well I our schools. Parents have taken God out of like to inquire, as we debate this fun- their children’s lives by not praying with think it is interesting. Yesterday I met them. People are screaming to get the gov- damental issue dealing with whether with a recent graduate of Riverside ernment off our backs, but they turn around the word ‘‘God’’ should be in our Con- High School in Greenville, South Caro- now and want the government to tell our stitution and the issue of whether lina, a young man named Allan Barton. children how to pray, a function which is there should be funding of religious or- Allan formed a Bible club at school, only between them and God. ganizations with taxpayer dollars, that and as my colleagues know, in what Mr. BISHOP. Mr. Speaker, I yield fundamental issue, do I understand some would consider the shiny buckle myself such time as I may consume. that under the rules of this bill, that on the Bible Belt, that is, my home- Mr. Speaker, I would hasten to point Democrats who would respect the point town, they were not allowed to meet. out that there is nothing in the Istook of the gentleman from Georgia (Mr. In fact, the principal of the school amendment nor the Bishop amendment BISHOP) but who would oppose his said, ‘‘Oh, my goodness, horrors. No, we that would require that any school amendment were not given any block couldn’t do that.’’ The school board child have to stand outside because of time? Is that correct? said they could not do that, and it took they disagreed with a prayer that was The SPEAKER pro tempore. The this high school student, Allan Barton, time was divided under the rule. being said. Nothing in this amendment courageously and not in a militant Mr. EDWARDS. So under the rule on would require such nonsense, and if it way, but rather in an appropriate and a were ever implemented in such a way this fundamental issue dealing with the Constitution and the First Amend- respectful way going before the school that require such nonsense, then I board repeatedly to say, ‘‘Please, let us would be the first to urge the ACLU ment, Democrats were not given a block of time to even debate this issue get together as a group of students and and every opponent to take the nec- study our Bibles just like the chess essary steps to see that those school which, regardless of one’s point of view, is an extremely important de- club can get together.’’ boards discontinue such practice. As my colleagues know, it is inter- Mr. Speaker, that would be nonsense bate. The SPEAKER pro tempore. It was esting that again in what some people to do that, and neither this amend- not directed to any one side. It was di- would consider the shining buckle in ment, the Bishop amendment, nor the vided between the proponent of the the Bible Belt, it was a split decision at Ishtook amendment would coun- amendment and a Member opposed. the school board. It was a close vote as tenance such conduct. Mr. EDWARDS. I understand. Mr. to whether this student would be al- Mr. Speaker, I reserve the balance of Speaker, I think that makes my point. lowed to have a Bible club at Riverside my time. Mr. INGLIS of South Carolina. Mr. High School. Well, thankfully we won, Mr. INGLIS of South Carolina. Mr. Speaker, I yield myself 4 minutes. and yesterday I presented him with a Speaker, I yield 1 minute to the gen- Mr. Speaker, I think this is an impor- certificate thanking him for his work tleman from New York (Mr. BOEH- tant amendment because really it goes on establishing the principle of reli- LERT). right to the heart of what we are talk- gious freedom in Greenville, South (Mr. BOEHLERT asked and was given ing about here. What the gentleman Carolina, at Riverside High School. permission to revise and extend his re- from Georgia (Mr. BISHOP) would like Now what I think this indicates is we marks.) to do is strike out the words ‘‘to ac- have come a long way. This started out Mr. BOEHLERT. Mr. Speaker, we are knowledge God’’ and to replace them saying the Founding Fathers thought taking an extraordinary and an unprec- with a more generic sounding series of we had a public expression of a private edented step even though we are not words, and really that is sort of the faith. The gentleman from Georgia actually confronted with any problem. nub of the issue about this amendment. (Mr. BISHOP) wants to take out those Every study demonstrates that Ameri- I think that this is why the underlying words and make it more generic so cans are by far the most religious peo- language is the better language rather that basically we are not acknowledg- ple in the industrial world. Students than the proposed amendment. ing God, we are sort of acknowledging can voluntarily pray and study scrip- The reason for that is this: I think something generic. ture in school and other public facili- the Founding Fathers fully anticipated Well, I think that is a mistake be- ties. Religious education at church and that there would be a public expression cause what we are trying to do here is parochial schools and home is thriving. of a private faith. They did not want a say clearly to Allan Barton at River- The United States remains a beacon public expression of a public faith. side High School, ‘‘Allan, you’re right. and a sanctuary for those seeking reli- They had experience with that, with You obviously have a right to meet gious freedom. the king, and they did not like that. It equal to the right of the chess club.’’ It simply is untrue to say that stu- turned out to be a corrupt system, Now thankfully the school board in dents are prohibited from praying in really more corrupting the church than Greenville decided to go along with school. Indeed, Time Magazine just re- the state. him, but that was after the Rutherford cently devoted an article to the explo- But they did not want that. They did Institute threatened to sue, and it sive spread of voluntary student prayer not want a public expression of a public should not be that it takes a threat of clubs. faith, but they surely expected a public a lawsuit in order to enforce our con- Now I understand the sentiments expression of a private faith, and that stitutional rights. In fact, we should be that motivate people in support of this is what we are here debating, is the able to exercise those rights without amendment. Many of us have the feel- ability of Americans to express their seeking redress to the courts. These ing that families have weakened, that private faith publicly, to go to the pub- are rights under the Constitution. morality is not what it once was, that lic square and to have the rights that So I would ask my colleagues to vote society has become more violent. But everyone else has in the public square. against the Bishop amendment and June 4, 1998 CONGRESSIONAL RECORD — HOUSE H4107 vote for the underlying language be- sal, and that is why we are asking to very important things. He talked about cause we need to reestablish this prin- substitute that language of the Reli- religion in the Eastern European con- ciple. gious Freedom Amendment, to protect, tinent, particularly in Russia, and Mr. BISHOP. Mr. Speaker, I yield to secure freedom of religion. what an influence religion had had. myself such time as I might consume. The SPEAKER pro tempore. The When his All Holiness closed his re- Mr. Speaker, the previous speaker time of the gentleman from Georgia marks that day, he closed with a very apparently is a little bit confused in (Mr. BISHOP) has expired. powerful statement, because he said suggesting that we would in our Mr. BISHOP. Mr. Speaker, I yield 10 that he had been following the religion amendment take out the word ‘‘God’’ seconds to the gentleman from Califor- and the effects of communism on reli- and acknowledge something generic. nia (Mr. CUNNINGHAM). gion in the Eastern Bloc, and he said All we are trying to acknowledge in Mr. CUNNINGHAM. In Vietnam even this, and we ought to all be reminded. the language that would be substituted Buddhists dispense with the ‘‘God’’, He said, ‘‘Faith can survive without is the title of the very amendment that and I do not know of any religion that freedom, but freedom cannot long sur- we are voting on, the Religious Free- uses ‘‘God’’ with a little G. To all of us vive without faith.’’ dom Amendment, and we are saying it is a big G just like it is up here, and I think that is important for us to that the purpose is to secure freedom let us not change this to religious free- discuss as we discuss this important of religion. It is titled the Religious dom. Let us keep it ‘‘In God We Trust.’’ amendment. This is a very important Freedom Amendment, RFA. discussion. It is time for us to restore b Why that would be ironic or contrary 1600 balance in the public square and the in- to the desires of people who want to Mr. BISHOP. Mr. Speaker, in Islam, fluence that religion has had upon our have the Religious Freedom Amend- the god is Allah, which means the one culture. ment passed, I do not know. It seems to and only god, with a small ‘‘g.’’ I thank the gentleman for bringing me to make good sense. It is ecumeni- Mr. CANADY of Florida. Mr. Speak- this amendment forward, and I thank cal. It will support and protect the reli- er, I yield 21⁄2 minutes to the gentleman the gentlemen for the debate. gious traditions of all people, not just from Minnesota (Mr. GUTKNECHT). Mr. BISHOP. Mr. Speaker, I yield those people who believe in the God, Mr. GUTKNECHT. Mr. Speaker, I myself such time as I may consume. capital G-O-D. It would reflect those thank the gentleman for yielding me Mr. Speaker, I would like to, first of who believe in any other deity or no time. all, thank the committee for giving us deity. Mr. Speaker, I want to thank all of this opportunity to debate this very, I personally am Christian. I believe the participants for this debate today. very important issue. I would like to in God, in Jesus. However there are I think this is a very important debate. thank the gentleman from Oklahoma others who do not, and I respect their Just the other night, all of us were (Mr. ISTOOK) for his courage in bringing right under this Constitution of the invited to a presentation by the local the matter forward. I would like to United States to that belief. public television station. They are thank the ranking member, the gen- Mr. Speaker, I reserve the balance of doing a three-part series on the Face of tleman from Michigan (Mr. CONYERS) my time. Russia. It was interesting, because the and his staff, and the gentleman from Mr. CANADY of Florida. Mr. Speak- public television group has gone over Florida (Mr. CANADY) and his staff for er, I yield 1 minute to the gentleman there. They spent 5 years making this the courtesies they have offered to me from California (Mr. CUNNINGHAM). film. And on the cover of this invita- in helping us get to the floor with this, Mr. CUNNINGHAM. Mr. Speaker, I tion, there is a picture, a replication, as well as the chair of the Committee would like to focus on the words behind of the Holy Icon of Vladimir. on Rules and the Committee on Rules you, and I sure do not want to change Now, they also asked us to watch an for their kindness and courtesy in help- it to ‘‘In Religious Freedom We Trust.’’ ing us fashion this debate so that we 18-minute video which talked about It has the word ‘‘God’’ in it. And Lewis could have a full and thorough discus- Russian culture. In that video, fully Farrakhan, time after time I have sion. two-thirds of the time was taken talk- heard him refer to God. When I was in Mr. Speaker, I return back to my ing about the influence of religion on Egypt President Sadat said, opening remarks, that it is the best of the Russian culture. Perhaps I was the ‘‘Intrahlah,’’ which means, ‘‘In God we times, yet it is the worst of times. We only one in that audience, knowing trust,’’ and that was out of his own have a great economy, things are going that we were going to have this debate words ‘‘in God.’’ Mostafa Arab on my well, but we also have a society that later on this week, who saw the irony, staff at National University came to has deteriorating moral values. Our that you cannot talk about the culture me and asked me, said, ‘‘Duke, can I youth seem not to have the values of of Russia without a serious discussion pray to my God?’’ which was Allah, and generations past, and unless we try to of the effects of religion on that cul- I think that is correct. I think by using recapture those values, our society will ture. Yet here in the United States we the word God, if the gentleman were be lost. are almost barred today from having saying Jesus Christ, then maybe he I believe the 30 years of Supreme an honest discussion of the influences would have a point, but we use God for Court rulings that have erected this ar- religion has had in our culture. all different religions, and from what I tificial wall between our religious faith That is why I think this is an impor- have heard all different religions use and traditions and our public life and tant debate. God. our schoolchildren has led us down a Mr. BISHOP. Mr. Speaker, will the We can debate, and I think the gen- primrose path to destruction, and I re- gentleman yield? I will yield him back tleman from Georgia (Mr. BISHOP) is, in gret that very much. I hope that the same amount of time I consume. effect, saying, yes, it is time that we through the passage of this amend- Mr. CUNNINGHAM. I yield to the have this debate; the courts have gone ment, perfected by the Bishop amend- gentleman from Georgia. too far. And we can argue about the ment, that we will be able to stem that The SPEAKER pro tempore. The language, and perhaps this amendment tide and we can move America into the time of the gentleman from California will not pass today, but this is not the next millennium with a glorious and (Mr. CUNNINGHAM) has expired. end, this is the beginning of a very im- bright future. Mr. BISHOP. Mr. Speaker, I yield portant debate to return some form of As I prepare to take my seat and myself 30 seconds. balance to our public discourse and the close, I do not know whether this In the context of this amendment it influence that religion has on our cul- amendment will pass or not, but I leave is spelled capital G-O-D, which is spe- ture. you with the words that come from one cific, as opposed to the context in Let me also suggest it was about a of the Hebrew writers in the Book of which the conversation the gentleman year ago that his All Holiness, Bar- Chronicles: ‘‘If My people which are had where it was used, it was a small g- tholomew, the head of the Greek Or- called by My name shall humble them- o-d; to my god, it would be a small g- thodox Church, came to this Capitol selves and pray and seek My face and o-d. In that context it is not universal. and received the Congressional Gold turn from their wicked ways, then will In the context that we want to put it Medal. When he gave his remarks after I hear from heaven, will forgive their in the Constitution it should be univer- receiving that medal, he said some sins, and will heal their land.’’ H4108 CONGRESSIONAL RECORD — HOUSE June 4, 1998 Let us pass a religious freedom not favor them, but I told the Commit- you do your job at home and, by the amendment. Let us pass the best pos- tee on Rules and everyone for years, I way, we are going to take your child sible religious freedom amendment, support his right to offer those and away for most of the day and put him and hopefully it, in part, along with make sure important issues are ad- in school, where they do not have the our other efforts, will help to heal our dressed. possibility of the same influences and land. I believe that we should do what the same values that you taught at Mr. Speaker, I yield back the balance every State in the Union does, which is home? of my time. have an expressed reference to God in That is the captive audience; not the Mr. CANADY of Florida. Mr. Speak- the Constitution. In 42 of the 50 States, ‘‘captive audience’’ so-called of some- er, I yield the balance of my time to they do not say ‘‘creator,’’ they do not one who says, ‘‘I do not want to hear a the gentleman from Oklahoma (Mr. say ‘‘supreme ruler of the universe,’’ prayer; therefore, these court decisions ISTOOK). they say either ‘‘God’’ or ‘‘Almighty give me the right to make you stop it.’’ The SPEAKER pro tempore (Mr. God,’’ and I think that it is proper and What has happened to our society as WICKER). The gentleman from Okla- in tune with the best traditions of this that has happened? Look at the guns, homa is recognized for 61⁄2 minutes. country to say the same thing. the knives, the drugs, the teenage preg- Mr. ISTOOK. Mr. Speaker, let me There is no functional difference be- nancies in public schools, and you tell begin with the highest words of praise tween this and the language of the gen- for the chief Democratic cosponsor of me we do not need to make sure that tleman from Georgia (Mr. BISHOP), but values are repeated every time we can? this legislation, the gentleman from I do think there is an important thing And you cannot separate them. You Georgia (Mr. BISHOP). I have the high- that resonates with the American peo- cannot separate them from the moral est, highest opinion of his courage, his ple. Regarding the language should basis, and you cannot separate a moral commitment, his dedication, his ef- government benefits be denied to some- basis from a religious basis. Govern- forts. one on account of religion, should ment should never insist, never, never, I know it has been a difficult experi- they? We already have Supreme Court never, never, never, that people have a ence, some of the experiences which decisions that permit it. But the Su- particular faith or they be compelled the gentleman has gone through on preme Court has been going back and to pray, and this amendment makes this, and I appreciate his efforts to try forth on it. to make sure that this legislation is in We have hundreds of millions of dol- sure they never will. But it stops the the best possible form. lars each year that go into social serv- practice of government interfering and As we all know, we are part of the ice programs run by churches, includ- silencing people. process that includes consideration of ing over $1 billion a year to Catholic Mr. Speaker, I am thankful for the the constitutional amendment not only Charities, USA. We have Pell grants, opportunity to present this. I urge by the House but by the Senate, and we student loans and GI benefits that go Members, with or without the Bishop go through a perfecting process, trying not only to public universities and col- amendments, to vote for the Religious to listen at every stage, trying to learn leges but also to church ones, whether Freedom Amendment. from that. it be the university where I attended, The SPEAKER pro tempore. All time When I began efforts on this amend- Baylor University, or Georgetown or for the debate on the amendment has ment about 4 years ago, we frequently Notre Dame or Southern Methodist or expired. had meetings with 40 or 50 people at a whatever it might be. Pursuant to House Resolution 453, time to try to get a multitude of opin- This is nothing new or different. We the previous question is ordered on the ions, and some did not necessarily sup- are not talking about funding religious amendment offered by the gentleman port the effort. I met with them pri- activity. But there have been a series from Georgia (Mr. BISHOP). vately. I met with people who were of court attacks, and the court’s rul- The question on adopting the amend- adamantly in favor of the status quo ings have been one of these precarious ment has been divided between the and did not want anything done. I still 5–4, and this time 5–4 in favor of it, and first instruction to strike and insert, met with them. we wanted to preserve that, lest the on page 3 of the joint resolution, and I even went to the national conven- court go off and say, we are going to the second instruction to strike and in- tion of the group which has financed start saying if your group is connected sert, on page 4 of the joint resolution. and pushed so many of these lawsuits. with a religion you are disqualified The question is on the first divided It is a kind of an offshoot of the ACLU from any sort of Federal benefit pro- portion of the amendment offered by called Americans United for Separa- gram. the gentleman from Georgia (Mr. tion of Church and State. I accepted an So I know that it invites people to BISHOP). invitation they were gracious enough try to claim that we are financing The question was taken; and the to extend to speak to them at their na- churches, which is not the case whatso- Speaker pro tempore announced that tional convention. It was not exactly a ever. We are not requiring any money the noes appeared to have it. friendly reception. But we have all to go to any group. We are just saying Mr. ISTOOK. Mr. Speaker, I object to sought to listen and learn, and the les- if the government funds some activity the vote on the ground that a quorum son ought to be that we ought to un- for some public purpose, then you do is not present and make the point of derstand to be tolerant. not disqualify somebody from partici- order that a quorum is not present. As the Supreme Court justices who pating just because they may be relat- dissented from these decisions said, if The SPEAKER pro tempore. Evi- ed to church. dently, a quorum is not present. we will listen to one another, we will It might be useful to look at the The Sergeant at Arms will notify ab- develop not just a tolerance but an af- cover story of Newsweek Magazine this sent Members. fection for each other’s faith, rather week, which is about this very thing, Without objection, after this 15- than trying to conceal the fact that how groups fighting crime, fighting minute vote on the first divided por- there are some differences. drugs, fighting teenage pregnancy have Justice Potter Stewart dissented such higher success rates if they are tion of the Bishop amendment, the from the original school prayer cases, based in churches and they are faith- Chair will reduce to 5 minutes the min- saying you cannot conceal the fact based. imum time for any electronic vote on that there are differences, and if you We want those programs to be able to the second divided portion of the try to conceal it and keep it out of the continue, because they are good and amendment. schools, all you will do is make the because they work, and they work so There was no objection. problem worse. And the problem has much better because they appeal to The vote was taken by electronic de- become worse, with people saying, I values. That is why some people, per- vice, and there were—yeas 6, nays 419, have a right to shut you up because I haps, are afraid of prayer in school, be- not voting 8, as follows: do not like the way you may pray or cause they say, my goodness, the idea [Roll No. 198] maybe I do not like prayer at all. of talking about values is threatening. YEAS—6 Now, the amendments of the gen- Sure, parents ought to be talking Bishop Fawell Jefferson tleman from Georgia (Mr. BISHOP), I do about it. But do we say that parents, Davis (IL) Hoyer Lantos June 4, 1998 CONGRESSIONAL RECORD — HOUSE H4109 NAYS—419 Pease Saxton Tauscher NOES—399 Pelosi Scarborough Tauzin Abercrombie Doyle Kleczka Abercrombie Dingell Kelly Peterson (MN) Schaefer, Dan Taylor (MS) Ackerman Duncan Klug Ackerman Dixon Kennedy (MA) Peterson (PA) Schaffer, Bob Taylor (NC) Aderholt Dunn Knollenberg Aderholt Doggett Kennedy (RI) Petri Schumer Thomas Allen Edwards Kolbe Allen Dooley Kennelly Pickering Scott Thompson Andrews Ehlers Kucinich Andrews Doolittle Kildee Pickett Sensenbrenner Thornberry Archer Emerson LaFalce Archer Doyle Kilpatrick Pitts Serrano Thune Armey Engel LaHood Armey Dreier Kim Pombo Sessions Thurman Bachus English Lampson Bachus Duncan Kind (WI) Pomeroy Shadegg Tiahrt Baesler Ensign Lantos Baesler Dunn King (NY) Porter Shaw Tierney Baker Eshoo Largent Baker Edwards Kingston Portman Shays Torres Baldacci Etheridge Latham Baldacci Ehlers Kleczka Poshard Sherman Towns Ballenger Evans LaTourette Ballenger Ehrlich Klink Price (NC) Shimkus Traficant Barcia Everett Leach Barcia Emerson Klug Pryce (OH) Shuster Turner Barr Ewing Lee Barr Engel Knollenberg Quinn Sisisky Upton Barrett (NE) Farr Levin Barrett (NE) English Kolbe Radanovich Skaggs Velazquez Barrett (WI) Fattah Lewis (CA) Barrett (WI) Ensign Kucinich Rahall Skeen Vento Bartlett Fazio Lewis (KY) Bartlett Eshoo LaFalce Ramstad Skelton Visclosky Barton Filner Linder Barton Etheridge LaHood Rangel Slaughter Walsh Bass Foley Lipinski Bass Evans Lampson Redmond Smith (MI) Wamp Bateman Forbes Livingston Bateman Everett Largent Regula Smith (NJ) Waters Becerra Ford LoBiondo Becerra Ewing Latham Riggs Smith (OR) Watkins Bentsen Fossella Lofgren Bentsen Farr LaTourette Riley Smith (TX) Watt (NC) Bereuter Fox Lowey Bereuter Fattah Lazio Rivers Smith, Adam Watts (OK) Berman Frank (MA) Lucas Berman Fazio Leach Rodriguez Smith, Linda Waxman Bilbray Franks (NJ) Luther Berry Filner Lee Roemer Snowbarger Weldon (FL) Bilirakis Frelinghuysen Maloney (CT) Bilbray Foley Levin Rogan Snyder Weldon (PA) Blagojevich Frost Maloney (NY) Bilirakis Forbes Lewis (CA) Rogers Solomon Weller Bliley Gallegly Manton Blagojevich Ford Lewis (KY) Rohrabacher Souder Wexler Blumenauer Ganske Manzullo Bliley Fossella Linder Rothman Spence Weygand Blunt Gejdenson Mascara Blumenauer Fowler Lipinski Roukema Spratt White Boehlert Gekas Matsui Blunt Fox Livingston Roybal-Allard Stabenow Whitfield Boehner Gephardt McCarthy (MO) Boehlert Frank (MA) LoBiondo Royce Stark Wicker Bonilla Gibbons McCarthy (NY) Boehner Franks (NJ) Lofgren Rush Stearns Wise Bonior Gilchrest McCollum Bonilla Frelinghuysen Lowey Ryun Stenholm Wolf Bono Gillmor McCrery Bonior Frost Lucas Sabo Stokes Woolsey Borski Gilman McDermott Bono Gallegly Luther Salmon Strickland Wynn Boswell Goode McGovern Borski Ganske Maloney (CT) Sanchez Stump Yates Boyd Goodlatte McHale Boswell Gejdenson Maloney (NY) Sanders Stupak Young (AK) Brady (PA) Goodling McHugh Boucher Gekas Manton Sandlin Sununu Young (FL) Brady (TX) Gordon McInnis Boyd Gephardt Manzullo Sanford Talent Brown (CA) Goss McIntosh Brady (PA) Gibbons Markey Sawyer Tanner Brady (TX) Gilchrest Martinez Brown (FL) Graham McIntyre Brown (CA) Gillmor Mascara NOT VOTING—8 Bryant Granger McKeon Brown (FL) Gilman Matsui Bunning Greenwood McKinney Furse McDade Reyes Brown (OH) Goode McCarthy (MO) Burr Gutierrez McNulty Gonzalez McKinney Ros-Lehtinen Bryant Goodlatte McCarthy (NY) Burton Gutknecht Meehan Lewis (GA) Mollohan Bunning Goodling McCollum Buyer Hall (OH) Meek (FL) Burr Gordon McCrery Callahan Hall (TX) Meeks (NY) Burton Goss McDermott b 1633 Calvert Hamilton Menendez Buyer Graham McGovern Camp Hansen Metcalf Callahan Granger McHale Ms. EDDIE BERNICE JOHNSON of Campbell Harman Mica Calvert Green McHugh Canady Hastert Millender- Camp Greenwood McInnis Texas and Messrs. OXLEY, ANDREWS, Cannon Hastings (FL) McDonald Campbell Gutierrez McIntosh BILBRAY and SOUDER changed their Capps Hastings (WA) Miller (CA) Canady Gutknecht McIntyre vote from ‘‘yea’’ to ‘‘nay.’’ Cardin Hayworth Miller (FL) Cannon Hall (OH) McKeon Carson Hefley Minge Capps Hall (TX) McNulty Mr. Jefferson changed his vote from Castle Hefner Mink Cardin Hamilton Meehan ‘‘nay’’ to ‘‘yea.’’ Chabot Herger Moakley Carson Hansen Meek (FL) So the first divided portion of the Chambliss Hill Moran (KS) Castle Harman Meeks (NY) Chenoweth Hilleary Moran (VA) Chabot Hastert Menendez amendment was rejected. Christensen Hilliard Morella Chambliss Hastings (FL) Metcalf The result of the vote was announced Clay Hinchey Murtha Chenoweth Hastings (WA) Mica as above recorded. Clement Hinojosa Myrick Christensen Hayworth Millender- Coble Hobson Nadler Clay Hefley McDonald The SPEAKER pro tempore (Mr. Coburn Hoekstra Neal Clayton Hefner Miller (CA) WICKER). The question is on the second Collins Holden Nethercutt Clement Herger Miller (FL) divided portion of the amendment of- Combest Hooley Neumann Clyburn Hill Minge Condit Horn Ney Coble Hilleary Mink fered by the gentleman from Georgia Conyers Hostettler Northup Coburn Hilliard Moakley (Mr. BISHOP). Cook Houghton Norwood Collins Hinchey Moran (KS) The question was taken; and the Cooksey Hoyer Nussle Combest Hinojosa Moran (VA) Costello Hulshof Oberstar Condit Hobson Morella Speaker pro tempore announced that Cox Hutchinson Obey Conyers Hoekstra Murtha the noes appeared to have it. Coyne Hyde Olver Cook Holden Myrick Cramer Inglis Owens RECORDED VOTE Cooksey Hooley Nadler Crane Istook Oxley Costello Horn Neal Mr. ISTOOK. Mr. Speaker, I demand Crapo Jackson (IL) Packard Cox Hostettler Nethercutt a recorded vote. Cubin Jackson-Lee Pallone Coyne Houghton Neumann Cummings (TX) Pappas Cramer Hulshof Ney A recorded vote was ordered. Cunningham Jenkins Parker Crane Hunter Northup The SPEAKER pro tempore. This Davis (FL) John Pascrell Crapo Hutchinson Norwood will be a five-minute vote. Davis (IL) Johnson (CT) Pastor Cubin Hyde Nussle Davis (VA) Johnson (WI) Paxon Cummings Inglis Oberstar The vote was taken by electronic de- Deal Johnson, Sam Pease Cunningham Istook Obey vice, and there were—ayes 23, noes 399, DeFazio Jones Pelosi Danner Jackson (IL) Olver not voting 11, as follows: DeGette Kanjorski Peterson (MN) Davis (FL) Jackson-Lee Ortiz Delahunt Kaptur Peterson (PA) Davis (VA) (TX) Owens [Roll No. 199] DeLauro Kasich Petri Deal Jenkins Oxley DeLay Kelly Pickering DeFazio John Packard AYES—23 Deutsch Kennedy (MA) Pickett DeGette Johnson (CT) Pallone Berry Fowler Paul Diaz-Balart Kennedy (RI) Pitts Delahunt Johnson (WI) Pappas Bishop Green Payne Dickey Kennelly Pombo DeLauro Johnson, E. B. Parker Boucher Jefferson Scott Dicks Kildee Pomeroy DeLay Johnson, Sam Pascrell Clayton Johnson, E. B. Spratt Dingell Kilpatrick Porter Deutsch Jones Pastor Clyburn Klink Tanner Dixon Kim Portman Diaz-Balart Kanjorski Paul Danner Lazio Watt (NC) Doggett Kind (WI) Poshard Dickey Kaptur Paxon Ehrlich Martinez Wynn Dooley King (NY) Price (NC) Dicks Kasich Payne Fawell Ortiz Doolittle Kingston Pryce (OH) H4110 CONGRESSIONAL RECORD — HOUSE June 4, 1998 Quinn Shadegg Thomas ‘‘ARTICLE — not just respect or just those who cher- Radanovich Shaw Thompson ‘‘Congress shall make no laws respecting Rahall Shays Thornberry ish it or admire it, but the Bill of Ramstad Sherman Thune an establishment of religion, or prohibiting Rights deserves Members of this House Rangel Shimkus Thurman the free exercise thereof.’’. voting for it. I urge a vote for the mo- Redmond Shuster Tiahrt The SPEAKER pro tempore. Pursu- tion to recommit. Regula Sisisky Tierney Riggs Skaggs Torres ant to the rule, the gentleman from Mr. SCOTT. Mr. Speaker, reclaiming Riley Skeen Towns Virginia (Mr. SCOTT) and the gen- my time, the first amendment to the Rivers Skelton Traficant tleman from Florida (Mr. CANADY) will Constitution and the first 16 words of Rodriguez Slaughter Turner each be recognized for 5 minutes. the Bill of Rights have never been Roemer Smith (MI) Upton Rogan Smith (NJ) Velazquez The Chair recognizes the gentleman amended. They have served us well for Rogers Smith (OR) Vento from Virginia (Mr. SCOTT). over 200 years. This first amendment Rohrabacher Smith (TX) Visclosky Mr. SCOTT. Mr. Speaker, this motion offers us all the protection we need Rothman Smith, Adam Walsh to recommit simply restates the first Roukema Smith, Linda Wamp against religious discrimination and to Roybal-Allard Snowbarger Waters amendment to the Constitution which, avoid the strife which has saddled Royce Snyder Watkins as we know, says: Congress shall make other areas of the world with religious Rush Solomon Watts (OK) no laws respecting an establishment of strife, killings, murders for many Ryun Souder Waxman Sabo Spence Weldon (FL) religion or prohibiting the free exercise years. Salmon Stabenow Weldon (PA) thereof. Any further amendments to I urge my colleagues to support the Sanchez Stark Weller our Constitution in the guise of pro- motion to recommit and to reaffirm Sanders Stearns Wexler tecting religious liberty are unneces- Sandlin Stenholm Weygand our belief in the first amendment to Sanford Stokes White sary. the Constitution. Sawyer Strickland Whitfield Mr. Speaker, under current law, stu- Mr. CANADY of Florida. Mr. Speak- Saxton Stump Wicker dents can pray and read the Bible pri- er, as the gentleman has indicated, the Scarborough Stupak Wise Schaefer, Dan Sununu Wolf vately; they can say grace at lunch and motion to recommit would simply re- Schaffer, Bob Talent Woolsey distribute religious materials to their sult in the reenactment of language Schumer Tauscher Yates friends and join voluntary religious that is already in the Constitution in Sensenbrenner Tauzin Young (AK) clubs. The United States Department the first amendment to the Constitu- Serrano Taylor (MS) Young (FL) Sessions Taylor (NC) of Education has issued guidelines on tion. religious expression that have been As we have discussed repeatedly NOT VOTING—11 mailed to 15,000 public school districts throughout this debate, those of us who Brown (OH) Hunter Mollohan in the Nation making it clear that are in support of the underlying pro- Dreier Lewis (GA) Reyes Furse Markey Ros-Lehtinen schools are not religious-free zones. posal find no fault with the first Gonzalez McDade In those few instance where a stu- amendment to the United States Con- dent’s religious speech has been un- stitution. We believe that the framers b 1643 fairly denied, the law already has suffi- of the first amendment were wise in Mrs. ROUKEMA changed her vote cient remedy. Education is the key to the words they chose. The problem we from ‘‘aye’’ to ‘‘no.’’ correcting the mistakes of teachers have is with the interpretation that So the second divided portion of the and educators, not an attack on the the courts and various other govern- amendment was rejected. Bill of Rights. ment officials have placed on those The result of the vote was announced Mr. EDWARDS. Mr. Speaker, will the words of the first amendment. as above recorded. gentleman yield? Now, the truth of the matter is, if the Mr. SCOTT. I yield to the gentleman motion to recommit were to be adopt- b 1645 from Texas. ed, it would simply endorse the status The SPEAKER pro tempore. Pursu- Mr. EDWARDS. Mr. Speaker, Con- quo. It would simply endorse all of the ant to the rule, the previous question gress shall make no laws respecting an decisions that have trampled on the is ordered on the joint resolution, as establishment of religion or prohibit- free exercise of religion in this coun- amended. ing the free exercise thereof. For 207 try. It would endorse a situation which The question is on engrossment and years those eloquent words embedded we are faced with in this country today third reading of the joint resolution. in our Bill of Rights have protected where students giving commencement The joint resolution was ordered to America’s religious freedom. Perhaps addresses are faced with the prospect of be engrossed and read a third time, and the single greatest contribution of our being fined by a Federal court if they was read the third time. experiment as a Nation and democracy mention the name of God. That is what MOTION TO RECOMMIT OFFERED BY MR. SCOTT is the contribution of the freedom, the is going on. That is what courts in this Mr. SCOTT. Mr. Speaker, I offer a religious freedom that we have ensured land are doing, and it is not right. motion to recommit. to all of our citizens from all back- It is not what the Founders intended. The SPEAKER pro tempore. Is the grounds as a result of these very words. It is not what the framers of the first gentleman opposed to the joint resolu- Today, Mr. Speaker, we have heard amendment intended. It is wrong, it is tion? Members say they admire the Bill of an injustice, and we have a responsibil- Mr. SCOTT. Mr. Speaker, I am op- Rights. We have heard Members say ity to correct it. posed to the joint resolution. they cherish the Bill of Rights. We The Subcommittee on the Constitu- The SPEAKER pro tempore. The have heard Members say they respect tion of the Committee on the Judiciary Clerk will report the motion to recom- the Bill of Rights. Well, now all the held hearings all over this country. We mit. Members of this House today will have heard from more than 70 witnesses. The Clerk read as follows: the right to vote for the Bill of Rights; Many of those people who came to tes- Mr. SCOTT moves to recommit the joint and not only the Bill of Rights, but the tify before the subcommittee told us of resolution H.J. Res. 78 to the Committee on first 16 words of the first amendment the ways in which their religious free- the Judiciary with instructions to report the dealing with religious liberty. dom had been trampled on under the same back to the House forthwith with the Mr. Speaker, this is a very clear vote. status quo, and we need to do some- following amendment: It is very simple. If Members vote for thing about it. Strike all after the resolving clause and in- this motion to recommit, they are vot- Mr. Speaker, we are the people’s sert in lieu thereof the following: ing to endorse the first 16 words of the House. We have a responsibility to en- That the following article is proposed as an first amendment. If they vote no and sure that the rights of the people, the amendment to the Constitution of the then vote for the Istook amendment, free exercise of religion are respected United States, which shall be valid to all in- they are voting to change the Bill of in this country. And people who want tents and purposes as part of the Constitu- tion when ratified by the legislatures of Rights for the first time in our Na- to reinforce protection for religious three-fourths of the several States within tion’s history. freedom will reject the status quo. seven years after the date of its submission But what I would suggest at this mo- They will reject this motion to recom- for ratification: ment that the Bill of Rights needs is mit and will support the bill. June 4, 1998 CONGRESSIONAL RECORD — HOUSE H4111 Mr. ISTOOK. Mr. Speaker, will the The SPEAKER pro tempore. The NOES—223 gentleman yield? question is on the motion to recommit. Aderholt Gillmor Peterson (MN) Mr. CANADY of Florida. I yield to The question was taken; and the Archer Goode Peterson (PA) the gentleman from Oklahoma. Armey Goodlatte Petri Speaker pro tempore announced that Bachus Goodling Pickering Mr. ISTOOK. Mr. Speaker, a vote for the noes appeared to have it. Baesler Gordon Pitts the motion to recommit is a vote for Baker Goss Pombo the status quo. It is a vote for all the RECORDED VOTE Ballenger Graham Portman Barcia Granger Pryce (OH) court decisions that have restricted re- Mr. SCOTT. Mr. Speaker, I demand a Barr Gutknecht Quinn ligious liberty. It is a vote for the recorded vote. Barrett (NE) Hall (TX) Radanovich Stone v. Graham case whereby, 5 to 4, A recorded vote was ordered. Bartlett Hansen Rahall the Supreme Court said the Ten Com- Barton Hastert Ramstad The SPEAKER pro tempore. Pursu- Bass Hastings (WA) Redmond mandments cannot be on the wall of a Bateman Hayworth Regula public school. Four justices said they ant to clause 5 of rule XV, the Chair Bereuter Hefley Riggs could stay; 5 said they have to come will reduce to a minimum of 5 minutes Berry Herger Riley down. If Members vote yes, they are the period of time within which a vote Bilirakis Hill Roemer by electronic device, if ordered, will be Bishop Hilleary Rogan voting they have to stay down. Bliley Hobson Rogers A vote for this is a vote for the Lee taken on the question of passage of the Blunt Hoekstra Rohrabacher v. Weisman decision, where they said joint resolution. Boehner Hostettler Roukema Bonilla Houghton Royce that a Jewish rabbi’s prayer at a school The vote was taken by electronic de- Bono Hulshof Ryun graduation was unconstitutional, a 5–4 vice, and there were—ayes 203, noes 223, Brady (TX) Hunter Salmon decision. If Members vote for the mo- not voting 7, as follows: Bryant Hutchinson Sandlin Bunning Hyde Sanford tion to recommit, they are voting for [Roll No. 200] Burr Inglis Scarborough the five Justices that said the rabbi Burton Istook Schaefer, Dan could not pray with these kids at that AYES—203 Buyer Jenkins Schaffer, Bob graduation. If they vote against it, Abercrombie Green Morella Callahan John Sensenbrenner Ackerman Greenwood Murtha Calvert Johnson, Sam Sessions they are voting for the four Justices Allen Gutierrez Nadler Camp Jones Shadegg that said it was wrong. Andrews Hall (OH) Neal Campbell Kasich Shaw We have had a lot of court decisions. Baldacci Hamilton Northup Canady Kim Shimkus If Members vote for this motion to re- Barrett (WI) Harman Oberstar Cannon King (NY) Shuster Becerra Hastings (FL) Obey Chabot Kingston Skeen commit, they are endorsing each and Bentsen Hefner Olver Chambliss Klug Skelton every one of them. Berman Hilliard Ortiz Chenoweth Knollenberg Smith (MI) They are endorsing the decision Bilbray Hinchey Owens Christensen Kolbe Smith (NJ) where Judge DeMint in Alabama ruled Blagojevich Hinojosa Pallone Clement LaHood Smith (OR) Blumenauer Holden Pascrell Coble Largent Smith (TX) in Federal court that the schools are Boehlert Hooley Pastor Coburn Latham Smith, Linda permanently enjoined, Members would Bonior Horn Payne Collins LaTourette Snowbarger be endorsing the court interpretation Borski Hoyer Pelosi Combest Lazio Solomon Boswell Jackson (IL) Pickett Condit Lewis (KY) Souder under which he issued an order which Boucher Jackson-Lee Pomeroy Cook Linder Spence reads that the schools are permanently Boyd (TX) Porter Cooksey Lipinski Stearns enjoined from permitting prayers, bib- Brady (PA) Jefferson Poshard Cox Livingston Stenholm lical and scriptural readings and other Brown (CA) Johnson (CT) Price (NC) Cramer LoBiondo Sununu Brown (FL) Johnson (WI) Rangel Crane Lucas Talent presentations or activities of a reli- Brown (OH) Johnson, E. B. Rivers Crapo Manzullo Tauzin gious nature at all school-sponsored or Capps Kanjorski Rodriguez Cubin McCollum Taylor (MS) school-initiated assemblies and events Cardin Kaptur Rothman Cunningham McCrery Taylor (NC) Carson Kelly Roybal-Allard Davis (VA) McHugh Thomas including, but not limited to, sporting Castle Kennedy (MA) Rush Deal McInnis Thornberry events, regardless of whether the activ- Clay Kennedy (RI) Sabo DeLay McIntosh Thune ity takes place during instructional Clayton Kennelly Sanchez Diaz-Balart McIntyre Tiahrt time, regardless of whether attendance Clyburn Kildee Sanders Dickey McKeon Traficant Conyers Kilpatrick Sawyer Doolittle Metcalf Turner is compulsory or noncompulsory and Costello Kind (WI) Saxton Dreier Mica Upton regardless of whether the speaker is a Coyne Kleczka Schumer Duncan Miller (FL) Walsh student, school official, or nonschool Cummings Klink Scott Dunn Moran (KS) Wamp Danner Kucinich Serrano Ehlers Myrick Watkins person. Davis (FL) LaFalce Shays Ehrlich Nethercutt Watts (OK) That is what they are doing under Davis (IL) Lampson Sherman Emerson Neumann Weldon (FL) the misinterpretations of the first DeFazio Lantos Sisisky English Ney Weldon (PA) amendment. That is why we need the DeGette Leach Skaggs Everett Norwood Weller Delahunt Lee Slaughter Ewing Nussle White Religious Freedom Amendment. DeLauro Levin Smith, Adam Foley Oxley Whitfield If Members want to keep with the Deutsch Lewis (CA) Snyder Fossella Packard Wicker current court decisions, tell that to Dicks Lofgren Spratt Fowler Pappas Wolf this first grader, Zachariah Hood, who Dingell Lowey Stabenow Gallegly Parker Young (AK) Dixon Luther Stark Ganske Paul Young (FL) was told he could not read a story from Doggett Maloney (CT) Stokes Gekas Paxon the Beginner’s Bible that did not even Dooley Maloney (NY) Strickland Gibbons Pease mention God but was told by a Federal Doyle Manton Stump Edwards Markey Stupak NOT VOTING—7 judge he cannot read that story at Engel Martinez Tanner school. Not because there is really any- Furse McDade Ros-Lehtinen Ensign Mascara Tauscher Gonzalez Mollohan thing religious about the particular Eshoo Matsui Thompson Lewis (GA) Reyes story he chose but simply because it Etheridge McCarthy (MO) Thurman Evans McCarthy (NY) Tierney came from the Beginner’s Bible. Farr McDermott Torres b 1714 That is what the courts are doing and Fattah McGovern Towns twisting and distorting the first Fawell McHale Velazquez So the motion to recommit was re- Fazio McKinney Vento amendment and what is meant to be a Filner McNulty Visclosky jected. guarantee of religious freedom in the Forbes Meehan Waters The result of the vote was announced United States. That is why Members Ford Meek (FL) Watt (NC) as above recorded. should vote no on the motion to recom- Fox Meeks (NY) Waxman Frank (MA) Menendez Wexler The SPEAKER pro tempore (Mr. mit and yes for the Religious Freedom Franks (NJ) Millender- Weygand WICKER). The question is on the pas- Amendment. Frelinghuysen McDonald Wise The SPEAKER pro tempore. Without Frost Miller (CA) Woolsey sage of the joint resolution. objection, the previous question is or- Gejdenson Minge Wynn The question was taken; and the Gephardt Mink Yates dered on the motion to recommit. Gilchrest Moakley Speaker pro tempore announced that There was no objection. Gilman Moran (VA) the ayes appeared to have it. H4112 CONGRESSIONAL RECORD — HOUSE June 4, 1998 RECORDED VOTE Capps Jackson-Lee Olver The Clerk read the resolution, as fol- Cardin (TX) Owens Mr. CONYERS. Mr. Speaker, I de- Carson Jefferson Pallone lows: mand a recorded vote. Castle Johnson (CT) Pascrell H. RES 454 A recorded vote was ordered. Clay Johnson (WI) Pastor Resolved, That upon the adoption of this Clayton Johnson, E. B. Paul The SPEAKER pro tempore. This resolution it shall be in order to consider in Clyburn Kanjorski Payne the House the resolution (H. Con. Res. 285) will be a 5-minute vote. Conyers Kaptur Pelosi expressing the sense of the Congress that the The vote was taken by electronic de- Costello Kelly Pickett Coyne Kennedy (MA) Pomeroy President of the United States should recon- vice, and there were—ayes 224, noes 203, Cummings Kennedy (RI) Porter sider his decision to be formally received in not voting 7, as follows: Davis (FL) Kennelly Poshard Tiananmen Square by the Government of the [Roll No. 201] Davis (IL) Kildee Price (NC) People’s Republic of China. The resolution DeFazio Kilpatrick Rangel shall be considered as read for amendment. AYES—224 DeGette Kind (WI) Rivers The previous question shall be considered as Delahunt Kleczka Rodriguez Aderholt Gallegly Pease DeLauro Klink Rothman ordered on the resolution to final adoption Archer Ganske Peterson (MN) Deutsch Kucinich Roybal-Allard without intervening motion except: (1) one Armey Gekas Peterson (PA) Dicks LaFalce Rush hour of debate on the resolution equally di- Bachus Gibbons Petri Dingell Lampson Sabo Baesler Gillmor Pickering vided and controlled by the Majority Leader Dixon Lantos Sanchez Baker Gingrich Pitts or his designee and a Member opposed to the Doggett LaTourette Sanders Ballenger Goode Pombo resolution; and (2) one motion to recommit. Dooley Leach Sawyer Barcia Goodlatte Portman Doyle Lee Saxton The SPEAKER pro tempore (Mr. Barr Goodling Pryce (OH) Edwards Levin Schumer Barrett (NE) Gordon Quinn GOODLATTE). The gentleman from Flor- Ehrlich Lewis (CA) Scott Bartlett Goss Radanovich ida (Mr. DIAZ-BALART) is recognized for Engel Lofgren Serrano Barton Graham Rahall Eshoo Lowey Shaw 1 hour. Bass Granger Ramstad Etheridge Luther Shays Mr. DIAZ-BALART. Mr. Speaker, I Bateman Gutknecht Redmond Evans Maloney (CT) Sherman Bereuter Hall (TX) Regula yield such time as he may consume to Farr Maloney (NY) Sisisky Berry Hansen Riggs the gentleman from New York (Mr. Fattah Manton Skaggs Bilbray Hastert Riley Fawell Markey Slaughter SOLOMON). Bilirakis Hastings (WA) Roemer Fazio Martinez Smith, Adam (Mr. SOLOMON asked and was given Bishop Hayworth Rogan Filner Mascara Snyder Bliley Hefley Rogers permission to revise and extend his re- Fox Matsui Spratt Blunt Herger Rohrabacher marks.) Frank (MA) McCarthy (MO) Stabenow Boehner Hill Roukema Franks (NJ) McCarthy (NY) Stark Mr. SOLOMON. Mr. Speaker, I rise in Bonilla Hilleary Royce Frelinghuysen McDermott Stokes very strong support of the legislation Bono Hobson Ryun Frost McGovern Strickland Brady (TX) Hoekstra Salmon and the rule. Gejdenson McHale Stump Bryant Hulshof Sandlin Mr. Speaker, nine years ago the world wit- Gephardt McKinney Stupak Bunning Hunter Sanford Gilchrest McNulty Tauscher nessed the massacre of at least a thousand Burr Hutchinson Scarborough Gilman Meehan Thurman Burton Hyde Schaefer, Dan people by the Communist Chinese regime in a Green Meek (FL) Tierney Buyer Inglis Schaffer, Bob place called Tiananmen Square. Greenwood Meeks (NY) Torres Callahan Istook Sensenbrenner Gutierrez Menendez Towns It was one of the most brazen and con- Calvert Jenkins Sessions Hall (OH) Millender- Velazquez temptible acts of terror by a government in re- Camp John Shadegg Hamilton McDonald Vento Campbell Johnson, Sam Shimkus cent history, violating all internationally recog- Harman Miller (CA) Visclosky Canady Jones Shuster nized human rights, and cutting to the core Hastings (FL) Miller (FL) Waters Cannon Kasich Skeen Hefner Minge Watt (NC) against one of the most cherished American Chabot Kim Skelton Hilliard Mink Waxman values, that of freedom of political expression. Chambliss King (NY) Smith (MI) Hinchey Moakley Wexler Chenoweth Kingston Smith (NJ) Yet in a few weeks, the President of the Hinojosa Moran (VA) Weygand Christensen Klug Smith (OR) United States will condone that terrorist act by Holden Morella White Clement Knollenberg Smith (TX) Hooley Murtha Wise the Communist Chinese regime, place those Coble Kolbe Smith, Linda Horn Nadler Woolsey Coburn LaHood Snowbarger internationally recognized human rights on the Hostettler Neal Wynn Collins Largent Solomon back burner, and throw those cherished Amer- Houghton Northup Yates Combest Latham Souder Hoyer Oberstar ican values into the trash can by being for- Condit Lazio Spence Jackson (IL) Obey mally received by the Butchers of Beijing right Cook Lewis (KY) Stearns Cooksey Linder Stenholm NOT VOTING—7 in that very place where the massacres oc- Cox Lipinski Sununu curred! Cramer Livingston Talent Furse McDade Ros-Lehtinen Gonzalez Mollohan For years, Mr. Speaker, I have been ap- Crane LoBiondo Tanner palled and aghast at the depths of shameless- Crapo Lucas Tauzin Lewis (GA) Reyes ness to which this administration has sunk in Cubin Manzullo Taylor (MS) b 1724 Cunningham McCollum Taylor (NC) its cowardly but relentless effort to appease Danner McCrery Thomas The Clerk announced the following the government of Communist China, but this Davis (VA) McHugh Thompson pair: decision by President Clinton is the topper. Deal McInnis Thornberry On this vote: DeLay McIntosh Thune At least one can make a plausible-sounding, Diaz-Balart McIntyre Tiahrt Ms. Ros-Lehtinen and Mr. Mollohan for, even if incorrect, case for granting Most-Fa- Dickey McKeon Traficant with Ms. Furse against. vored-Nation trade status to China. But how in Doolittle Metcalf Turner So (two-thirds not having voted in Dreier Mica Upton the world can this totally indecent decision be Duncan Moran (KS) Walsh favor thereof) the joint resolution was defended? Dunn Myrick Wamp not passed. What reason could possibly be good Ehlers Nethercutt Watkins The result of the vote was announced enough? Are there jobs at stake if the Presi- Emerson Neumann Watts (OK) English Ney Weldon (FL) as above recorded. dent doesn't go to Tiananmen Square? Ensign Norwood Weldon (PA) A motion to reconsider was laid on Would China perhaps do something irra- Everett Nussle Weller the table. tional in its foreign policy if President Clinton Ewing Ortiz Whitfield f doesn't go to Tiananmen? Of course not. Foley Oxley Wicker The only reason for President Clinton to en- Forbes Packard Wolf SENSE OF CONGRESS THAT THE gage in this full-blown publicity stunt for the Ford Pappas Young (AK) PRESIDENT SHOULD RECON- Fossella Parker Young (FL) Butchers of Beijing is the same reason that SIDER DECISION TO BE FOR- Fowler Paxon explains all of the rest of his appeasement MALLY RECEIVED IN NOES—203 policies toward China. TIANANMEN SQUARE BY PEO- This administration has long since lost any Abercrombie Bentsen Boswell PLE’S REPUBLIC OF CHINA Ackerman Berman Boucher sense of a moral compass when it comes to Allen Blagojevich Boyd Mr. DIAZ-BALART. Mr. Speaker, by foreign policy, period. Andrews Blumenauer Brady (PA) direction of the Committee on Rules, I The administration that said in 1992 that it Baldacci Boehlert Brown (CA) Barrett (WI) Bonior Brown (FL) call up House Resolution 454 and ask would be the most ethical in history has cat- Becerra Borski Brown (OH) for its immediate consideration. egorically subordinated American values and June 4, 1998 CONGRESSIONAL RECORD — HOUSE H4113 U.S. national security interests to the interests the same time that he changed United As my colleague has described, this is of the business community, which always States policy to benefit the Chinese a closed rule. It will allow consider- wants to appease all foreign governments. Communist missile program. ation of H. Con. Res. 285, which ex- We have known this for years, but President We have learned that the President presses the sense of Congress that the Clinton's forthcoming farce in Tiananmen of the United States may have ignored President of the United States should Square takes us to a new and extremely low his own Secretary of State and the di- reconsider his decision to be formally level. rector of the Central Intelligence received in Tiananmen Square by the Now this administration is not only betraying Agency and the Pentagon and allowed government of the People’s Republic of our most fundamental principles, but it is doing his campaign donors to help the Chi- China. This rule allows for 1 hour of de- so openly, brazenly, and apparently with no nese communist military. And we have bate and provides for one motion to re- shame whatsoever. also learned that the President of the commit. It is disgusting, and the very least the Presi- United States may have intervened While I support this underlying reso- dent can do is reverse this decision. personally to stop the Department of lution, and I just like to say that I This is an excellent resolution and I urge Justice’s investigation into this mat- would hope that we could have soon unanimous support for it. ter. some resolution like this on the floor Mr. DIAZ-BALART. Mr. Speaker, for Now the facts as we are learning for the country of Sudan that I just re- the purpose of debate only, I yield the them are deeply disturbing, and it is turned from an 8-day trip, where 2 mil- customary 30 minutes to the gen- quite obvious that we do not know all lion people lost their lives and there is tleman from Ohio (Mr. HALL), pending the facts. These are serious matters, hardly any publicity about it, there is which I yield myself such time as I Mr. Speaker. The Chinese government, hardly any press about it, there is may consume. During consideration of the Chinese Communist government, hardly anybody in the world that real- this resolution, all time yielded is for has at least 13 missiles aimed right ly cares about it. It just breaks your the purpose of debate only. now at United States cities. It would heart to see so many children and Yesterday, Mr. Speaker, the Rules indeed be shocking if the President of mothers that are dying from starva- Committee met and granted a closed the United States helped China to tion, and to walk into and see killing rule to House Concurrent Resolution make those missiles more accurate. fields where people have absolutely It is clear that the American people 285. The rule provides for consideration been shot, killed, hacked up with deserve a thorough and complete expla- of the concurrent resolution in the knives, being eaten by vultures. We nation of the facts, and so unless and House with 1 hour of debate equally di- talk about all these countries of the until we get such an explanation, we vided and controlled by the majority world, but there are so many countries believe that the President should re- leader, or his designee, and a Member where millions of people died and there consider his visit at the very least to opposed. The rule also provides for one is never a squawk out of this Congress. Tiananmen Square. We think that the motion to recommit. So I hope that some day we can start Tiananmen Square visit is without any Mr. Speaker, today is the ninth anni- putting Sudan on the map. justification and is inherently not only versary of the massacre at Tiananmen I just like to say, relative to this res- unjustifiable but insensitive as well. Square. It was on June 4, 1989, that the And so that is what the resolution olution, I do have some reservations Chinese tyranny killed hundreds, per- that is being brought to the floor today about the process in this Resolution haps thousands, of students who were in essence is all about, Mr. Speaker. It 285. It was just introduced and the peacefully calling for democracy in expresses the sense of Congress that committee of jurisdiction has held no that square. President Clinton should reconsider his hearings that I know of, or markups on The gentleman from Virginia (Mr. decision to be formally received by the it. The rule was voted out of the Com- WOLF) in a letter asked us if we might Chinese tyranny in Tiananmen Square mittee on Rules last night around 11 wear a sign, and I am wearing here on until the Government of China, of the p.m. It is a closed rule which allows no my lapel a sign of memory, in memory Peoples Republic of China, acknowl- amendments. This should be an open of, the valiant students who were mas- edges that Tiananmen Square mas- rule to allow the House to work its sacred that day, the unarmed rep- sacre, pledges that such atrocities will will. However, I reluctantly rise in sup- resentatives of the Chinese people who never happen again, and releases those port of this rule because of my concern were massacred that day. Chinese students that still to this mo- for human rights abuses in China. b 1730 ment remain in prison for supporting Today is the anniversary of the Tiananmen Square massacre. It has It is a date that will be recalled by freedom and democracy in China. Nine years ago today thousands of been 9 years since the killings of hun- history in infamous terms, in the most Chinese students peacefully gathered dreds of unarmed civilians by the Chi- infamous of terms. in Tiananmen Square to demonstrate nese army in Beijing. The Chinese au- This month, Mr. Speaker, the Presi- their support for freedom and for de- thorities have taken no steps to inves- dent of the United States seeks to be- mocracy while soldiers of the Chinese tigate these human rights violations, come the first U.S. President to visit regime, the Chinese Communist re- and Congress needs to send a strong China since the brutal massacre of 1989, gime, were ordered to fire machine message to the People’s Republic of and we are informed that the President guns and tanks on unarmed civilians. China that we have not forgotten of the United States plans to com- Now according to the Chinese Red Tiananmen Square. mence his visit to China by attending Cross, more than 2,000 Chinese pro de- Mr. Speaker, I reserve the balance of ceremonies with the Chinese hierarchy mocracy activists, demonstrators, Chi- my time. precisely at Tiananmen Square. That nese citizens who believed in the right Mr. DIAZ-BALART. Mr. Speaker, I act, if in fact it takes place, that the of the Chinese people to have self de- would inform the gentleman from Ohio President of the United States take termination and freedom, thousands (Mr. HALL) we have no other speakers, part in a ceremony in Tiananmen died that day at the hands of the Chi- and I would inquire as to whether he Square, that act, if it takes place, will nese tyrants. does. be a condemnable act, Mr. Speaker. And so that is why this simple reso- Mr. HALL of Ohio. Mr. Speaker, I Now in the past weeks we have lution is just and proper, and that is have no Member here to speak on this learned that the President of the why on this anniversary that we bring particular rule, and therefore, I yield United States may, may have turned a it to the floor. back the balance of my time. blind eye as wealthy campaign contrib- Mr. Speaker, I reserve the balance of Mr. DIAZ-BALART. Mr. Speaker, I utors harmed our national security by my time. yield myself such time as I may con- helping the Chinese communists im- Mr. HALL of Ohio. Mr. Speaker, I sume. prove their ballistic warheads. We have yield myself such time as I may con- Mr. Speaker, I believe that even in learned that the President of the sume. the short period of time that we have United States may have accepted cam- Mr. Speaker, I certainly want to discussed this rule it has become ap- paign donations from the Chinese thank the gentleman from Florida (Mr. parent, especially because of the sig- army, the communist Chinese army, at DIAZ-BALART) for yielding me the time. nificance of the date that we bring this H4114 CONGRESSIONAL RECORD — HOUSE June 4, 1998 rule to the floor, the date that we are The text of House Concurrent Resolu- b 1745 acting, it has become apparent, the im- tion 285 is as follows: Subsequent to that unforgivable portance of this statement that the H. CON. RES. 285 crime against their own people, au- House will be making very clearly pur- Whereas 9 years ago on June 4, 1989, thou- thorities within the PLA tried to suant to the resolution that is being sands of Chinese students peacefully gath- smuggle to Los Angeles, to the street brought to the floor by this rule. ered in Tiananmen Square to demonstrate gangs here, Stinger missiles and thou- This is a date, the 4th of June, that their support for freedom and democracy; sands of AK–47s. will forever be recalled as an infamous Whereas it was with horror that the world The People’s Liberation Army runs a witnessed the response of the Government of date, as a date where unarmed people vast network of prisons and labor who represented the dignity of an en- the People’s Republic of China as tanks and military units marched into Tiananmen camps throughout China and occupied tire nation were slaughtered by the Tibet and holds untold numbers of weapons in possession of a totalitarian Square; Whereas Chinese soldiers of the People’s Christians, Muslims and Buddhists for dictatorship that is still in power, that, Republic of China were ordered to fire ma- attempting to practice their religion as the gentleman from Ohio (Mr. HALL) chine guns and tanks on young, unarmed ci- without authorization from the state. stated, has not only not acknowledged vilians; The People’s Liberation Army its crime but continues to perpetuate Whereas ‘‘children were killed holding threatens democratic Taiwan and fuels crimes. hands with their mothers’’, according to a the nuclear arms race in South Asia by We have recently learned that the reliable eyewitness account; transferring nuclear and ballistic mis- Chinese government is in the business Whereas according to the same eyewitness sile technology to Pakistan. Recently, of selling organs, human organs from account, ‘‘students were crushed by armored high-placed authorities within the PLA prisoners, and if the price is right they personnel carriers’’; Whereas more than 2,000 Chinese pro-de- were accused of influencing U.S. policy will simply shoot the prisoner and sell mocracy demonstrators died that day, ac- in order to obtain very critical and sen- the organ. That is the regime we are cording to the Chinese Red Cross; sitive ballistic missile technology. talking about. It is a regime that now Whereas hundreds continue to languish in Our full Committee on International Mr. Clinton, the President of the prisons because of their belief in freedom and Relations and the Committee on Gov- United States, is going to visit, and democracy; ernment Reform and Oversight today even though I still find it hard to be- Whereas 9 years after the massacre on has conducted a joint hearing on the lieve, he apparently is going to be re- June 4, 1989, the Government of the People’s sale of body parts by the People’s Re- ceived officially for his state visit at Republic of China has yet to acknowledge public of China. The PLA is at the cen- the square where those thousands of the Tiananmen Square massacre; and Whereas, being formally received in Chinese innocent students were slaugh- ter of an international sale and trans- Tiananmen Square, the President would be- plant scheme that takes kidneys, cor- tered. What pleasure, what profound stow legitimacy on the Chinese Govern- and limitless pleasure would be ob- neas, livers and lungs from condemned ment’s horrendous actions of 9 years ago: prisoners and transplants them into tained by the Chinese murderers if the Now, therefore, be it President of the United States, the Resolved by the House of Representatives (the wealthy patients who can afford the elected leader not only of the only su- Senate concurring), That it is the sense of the price. perpower in the world but the ethical Congress that the President should recon- There comes a time, Mr. Speaker, and moral leader of the world, agrees sider his decision to be formally received in and a place, to put a limit on just what to be received by that regime of thugs Tiananmen Square until the Government of our Nation needs to do in order to en- the People’s Republic of China acknowledges in the same physical place where thou- gage China and its military. The ad- the Tiananmen Square massacre, pledges ministration gave a 17-gun salute in sands of students were murdered for be- that such atrocities will never happen again, lieving in the ideals that are also the Washington to the Chinese general who and releases those Chinese students still im- orchestrated the Tiananmen massacre. ideals of the United States of America. prisoned for supporting freedom and democ- And so what we will be saying in this racy that day. I ask, does the President really need resolution is, ‘‘No, Mr. President, if to stand on that bloodstained The SPEAKER pro tempore (Mr. Tiananmen Square so that Beijing can you think you have to go, and we think GOODLATTE). Pursuant to the rule, the you shouldn’t, but if you think you feel comfortable trading with us? I gentleman from New York (Mr. GIL- think not. Accordingly, I strongly urge have to go, at the very least do not MAN) and the gentleman from Indiana give the Chinese thugs the ultimate my colleagues to join us in supporting (Mr. HAMILTON) each will control 30 H. Con. Res. 285. pleasure of showing their people that minutes. the President of the United States of Mr. Speaker, I reserve the balance of The Chair recognizes the gentleman my time. America is willing to receive honors in from New York (Mr. GILMAN). the same place where the blood of the Mr. HAMILTON. Mr. Speaker, I yield Mr. GILMAN. Mr. Speaker, I yield myself such time as I may consume. Chinese people flowed in rivers simply myself such time as I may consume. some years ago, a few years ago now. Mr. Speaker, I oppose this resolution. (Mr. GILMAN asked and was given I think it is a bad policy, I think it is No, that is unacceptable.’’ permission to revise and extend his re- That is what we are saying in this bad politics, and I think it is bad proce- marks.) resolution. dure. Mr. Speaker, I yield back the balance Mr. GILMAN. Mr. Speaker, I com- On the face of it, the resolution of my time, and I move the previous mend the distinguished gentleman seems innocuous. It declares the sense question on the resolution. from Texas (Mr. ARMEY) for taking the of Congress that the President should The previous question was ordered. time to craft this very timely and im- reconsider his decision to be formally The resolution was agreed to. portant resolution. H. Con. Res. 285 ex- received in Tiananmen Square when he A motion to reconsider was laid on presses a sense of the Congress that the visits China later this month, until the the table. President should reconsider his deci- Chinese Government acknowledges the Mr. GILMAN. Mr. Speaker, pursuant sion to be formally received in Tiananmen Square massacre, pledges to the provisions of House Resolution Tiananmen Square in the People’s Re- that such a tragedy will never occur 454 and as the designee of the majority public of China by the government of again and releases the Chinese students leader, I call up the concurrent resolu- the People’s Republic of China. In light still imprisoned for their participation tion (H. Con. Res. 285) expressing the of China’s actions in Tiananmen in the pro-democracy movement in sense of the Congress that the Presi- Square 9 years ago, it would be inap- 1989. dent of the United States should recon- propriate for the President to go there. It is important to note, I think, that sider his decision to be formally re- That square was the site where thou- the resolution does not oppose the ceived in Tiananmen Square by the sands of students and workers who held President’s trip to China itself, but it Government of the People’s Republic of up a replica of the Statue of Liberty does put conditions on the reception China, and ask for its immediate con- and looked towards our Nation for sup- ceremonies that would inevitably sideration in the House. port were brutally gunned down and make a successful visit less likely. The Clerk read the title of the con- run over by the tanks in the People’s This resolution claims that, by at- current resolution. Liberation Army. tending arrival ceremonies in June 4, 1998 CONGRESSIONAL RECORD — HOUSE H4115 Tiananmen Square, the President will vance those concerns by engaging with promote a policy of confrontation, and somehow bestow legitimacy on the the Chinese? that is what I believe these resolutions cruel events that took place there 9 This resolution suggests that we can and amendments do. years ago today. I think that is unfair improve China’s human rights record There are many Chinese policies that to the President. I think it is absurd. behavior by telling the President not I abhor, as much, I think, as any Mem- President Clinton has spoken out to go to Tiananmen Square. Frankly, ber of this House. We should speak out time after time against the brutal ac- in my view, that is a very superficial against those policies, but we should tions of the Chinese Government at way to deal with a very difficult, com- also think about what actions will Tiananmen Square. As Members will plex issue. Do we really believe that change those policies and bring results. recall, President Clinton gave China’s this resolution will improve human Anti-China rhetoric may make some President a public lecture on this very rights conditions in China? And, if it feel good, but it will not bring the re- issue at a joint press conference in does not, what then is the purpose of sults that we seek. It complicates the Washington at the summit last fall, a the resolution? issue. The President’s policies have led lecture that many Members praised at The only practical way to promote to some improvements in the human the time. human rights in China is by maintain- rights situation in China. This resolu- The President, through his policy of ing the policy of engagement toward tion will not. engagement, has pushed aggressively China that has been followed by every Finally, I voice my dismay with the on human rights, and he has gotten re- administration, Democratic and Re- procedure followed for this resolution. sults. China has, with American prod- publican, since President Nixon. En- It was introduced only yesterday and ding, released a number of political and gagement works. It is not easy, it does went directly to the Committee on religious prisoners, including Wei not produce results as quickly as we Rules. The Committee on International Jingsheng and Wang Dan. It has ac- might like, but if we are to have any Relations has jurisdiction over such knowledged its obligation to abide by chance of pushing the Chinese toward resolutions, but apparently the chair- the terms of the International Cov- greater respect of human rights, we man waived consideration in order to enant on Civil and Political Rights, a must continue to engage with them. facilitate the resolution coming up concession that makes it now impos- Insults will not do the trick. today. sible for Beijing to argue that human There are things that we can do that I understand that today is a signifi- cant date, but that is not an excuse for rights is a domestic concern in which hold out the promise of improving a flawed, hurried process. There has we should not intrude. human rights in China. China has begun to tolerate a level of We must make it clear to China that, been no consideration of this resolu- public discussion and dissent that even until it changes its human rights prac- tion or the difficult issues it addresses by the Committee on International Re- a year ago would have been unimagina- tices, it cannot become a modern, sta- lations. There has been no consultation ble. Of course, China has a long way to ble, prosperous country. with the administration, at least to my go in its human rights practices, but We must make it clear to China that, knowledge. Little thought has been we should also recognize that the typi- unless it improves its human rights given to the foreign policy implica- cal Chinese today has more personal performance, it will never be a fully ac- tions of this resolution. This is not a freedoms and a better quality of life cepted member of the international deliberative, careful process. A flawed than at any time in history. community. process is producing, I think, a flawed Tiananmen Square is the central fea- We must make it clear that it is in product. This does not reflect well on ture of Beijing. The Great Hall of the China’s own interests that it adhere at the House of Representatives. least to minimal international stand- People faces one side and the entrance Mr. Speaker, I take second place to ards of due process, accountability, to the Forbidden City faces another. It no one in my support for human rights is China’s equivalent of the White transparency and the rule of law. and freedom in China, but that is not We must continue to press China on House south lawn. It is where heads of what we are debating in this resolu- these contentious human rights issues. state visiting China are formally wel- tion. Let us consider how we can pro- We must not abandon our efforts, but comed. It is where Prime Minister mote the values of freedom and justice Major, President Chirac, Prime Min- we must be ready for the long pull. in China, but let us do it thoughtfully, I do not question the sincerity of ister Hashimoto and Prime Minister deliberatively and free of partisan and those who will speak in support this Netanyahu have all been welcomed in political motives. recent years. resolution today, and I fully under- This resolution will not advance free- So Mr. Clinton’s presence there is stand how the votes will go in a few dom in China. It will not help those similar. It has no suggestion of ap- minutes. All of us were appalled by who, 9 years after the tragedy we com- proval of China’s human rights poli- China’s brutal actions in Tiananmen memorate today, continue to suffer for cies, any more than the presence of Square 9 years ago. All of us agree that their belief that the Chinese people many Members of this body who have, the Chinese Government should for- should enjoy the same liberties we in accompanied by their Chinese hosts, mally and publicly repent its tragic ac- this country so cherish. visited Tiananmen Square in the past. tions and immediately release those This resolution will not prod Chinese May I remind Members, for instance, who are still imprisoned for their par- authorities to open their country to that just last year the Speaker of the ticipation in the pro-democracy move- the forces of pluralism and the winds of House of Representatives visited ment of 1989. democracy. It will do none of these Tiananmen Square; and during his visit We are not considering this resolu- things. It will only convince Chinese to China the Speaker enunciated a fun- tion today in isolation. This resolution leaders that many in this institution, damental truth when he said, and I must be put in the context of other the House of Representatives, want to quote him now, ‘‘If you can be respect- measures this House has debated in re- declare a war of words against China. ful but firm, you can get a long way cent months. It is part of a pattern It will promote confrontation and talking with the Chinese.’’ that has seen this House take up one make it less likely that the Chinese China is a sovereign country. We can- anti-China resolution or amendment will listen to us on human rights or the not tell it where to hold its welcoming after another since the U.S.-China other issues of deep importance to us. ceremonies. We would be deeply of- summit last fall. Together, these meas- The administration, of course, op- fended if the Chinese tried to dictate ures are immensely complicating the poses this resolution, and so should all this to us. Why does anyone imagine management of this most difficult for- those who are interested in results and that they will react differently? eign policy relationship. not just rhetoric. I urge my colleagues The real question this resolution I understand that many Members of to vote no on this resolution. raises is how we can best promote this House do not favor a policy of con- Mr. Speaker, I reserve the balance of human rights in China. Do we advance structive engagement with China. That my time. our human rights concerns by telling is, of course, their prerogative. For my- Mr. GILMAN. Mr. Speaker, I am the Chinese where to receive the Presi- self, I do not want to undermine the pleased to yield 6 minutes to the gen- dent of the United States, or do we ad- policy of engagement. I do not want to tleman from New Jersey (Mr. SMITH), H4116 CONGRESSIONAL RECORD — HOUSE June 4, 1998 our distinguished chairman of the Sub- committee on International Operations the sake of everything the U.S. used to committee on International Operations and Human Rights invited him or any and hopefully still stands for, do not and Human Rights. other representative of the Chinese mark the ninth anniversary of the Mr. SMITH of New Jersey. Mr. Government to appear at a hearing on murder at Tiananmen Square by cele- Speaker, I thank my good friend for the Tiananmen massacre. If he could brating with the murderers at the yielding me time. present convincing and compelling evi- scene of the crimes. Mr. Speaker, I urge a yes vote on this dence that the massacre was really a Mr. HAMILTON. Mr. Speaker, I yield important human rights resolution. myth after all, those of us who view 21⁄2 minutes to the distinguished gen- Nine years ago today, the ground of the Beijing government and had our tleman from Florida (Mr. HASTINGS). Tiananmen Square was hallowed by the views shaped by that massacre would Mr. HASTINGS of Florida. Mr. blood of thousands of peaceful democ- have to admit that we were wrong. Speaker, I thank the distinguished gen- racy advocates. Those Chinese patriots We were prepared to give General Chi tleman from Indiana for yielding to were slaughtered by a communist re- an opportunity to substantiate his me. gime that remains unapologetic for its claim that China has sold no illegal Mr. Speaker, I rise to oppose the res- actions and that continues to deny the weapons to Iran. Perhaps he could have olution. I put a question to my col- truth of what happened. It is repugnant shown us that there were no persecuted leagues: What were 122 Members of the that the President of the United States Christians in China, no ethnic and reli- House of Representatives doing visiting of America, the country that, foremost gious persecution in Tibet and Beijing in 1997? I visited there four of any of the world, ought to bear the Xinjiang, no forced abortions, which times with 39 of them, including the standard of freedom and democracy, are millions per year, women who are Speaker of the House, the distin- would meet at the very site with dic- literally thrust and brought into these guished gentleman from Arizona (Mr. tators who continue to lie about the abortion mills, no coerced steriliza- KOLBE), chairman of the Committee on murders committed less than a decade tions, and no dying rooms for unwanted International Relations, and the distin- ago. children. These claims would have all guished gentleman from Nebraska (Mr. BEREUTER), chair of the Subcommittee b 1800 been contrary to the evidence, but in America everyone is given a fair oppor- on Asia, 39 members. This resolution is not anti-China. It tunity to be heard. On the visits each time, each one of is anti-abuse, the abuse that was en- Unfortunately, General Chi did not us went to Tiananmen Square. No one dured by those democracy activists, respond to our invitation, and the in this House failed to condemn the that was witnessed by the world via C- place we had saved for a representa- atrocities in Tiananmen Square, nor SPAN, via CNN and other networks tive, either he or a member of the gov- are in support of what happens there. that were there on the scene. ernment, sat empty during that hear- The President has spoken clearly and Mr. Speaker, in December of 1996 ing, at which time we heard from mul- often in condemnation of human rights General Chi Haotian, the Defense Min- tiple eyewitnesses, including an editor violations in China. When we traveled ister of the People’s Republic of China from the People’s Daily who recounted there, Speaker GINGRICH, I was there and the operational commander of the the horrors of Tiananmen Square. on March 30 when he said if we can be forces that attacked the pro-democracy In commentary about Tiananmen respectful, but firm, we can get a long demonstrators, was invited to the Square, Mr. Chairman, Nicholas way talking with the Chinese. United States by the Clinton Adminis- Kristoff of the New York Times, who I have been in those rooms with the tration. During his visit, he was given was in the Square that night, reported, Prime Minister and the Vice Premier, full military honors, a 19-gun salute, and I quote, ‘‘The troops began shoot- with other distinguished Chinese per- visits with several military bases, and ing. Some people fell to the ground, sons. In each instance our priorities a tour of the Sandia Nuclear Labora- wounded or dead. Each time the sol- were human rights, democracy, the tory. He even had a personal meeting diers fired again and more people fell rule of law; and in each instance we with President Clinton at the White to the ground.’’ raised those questions time and time House. When he went to the Xiehe hospital, again. General Chi said that not a single the nearest to the Square, ‘‘it was a Fundamentally, the question of the person, and I quote, not a single person bloody mess with hundreds of injured arrival ceremony becomes a question lost his life in Tiananmen Square. He lying on the floors. I saw the bullet about whether or not President Clinton claimed that on June 4, 1989 the Peo- holes,’’ Nicholas Kristoff goes on to goes to China. When a foreign leader ple’s Liberation Army did nothing say, ‘‘in the ambulances.’’ goes to China, the leader has a welcom- more violent than pushing people Jan Wong of the Toronto Globe and ing ceremony, and that is where the whom he called hooligans. Mail, looking down from the balcony at ceremony is, period. The supposed idea behind these offi- the Peking Hotel, ‘‘watched in horror We have discussed it with the Chi- cial visits such as General Chi’s visit as the army shot directly into the nese at great length. Not surprisingly, and President Clinton’s trip to Beijing crowds. People fell with gaping the Chinese leaders consider China is to foster mutual understanding. wounds.’’ Later, she reported, ‘‘The sol- their country, not ours, and feel that a That is just what they say. If we are diers strafed ambulances and shot med- guest should have the ceremony where going to live in the same world with ical workers trying to rescue the they always have had it. I am not governments run by people like Gen- wounded.’’ ‘‘In all,’’ she reported, ‘‘I re- aware of other countries that do arriv- eral Chi, the argument goes, we had corded eight long murderous volleys.’’ al ceremonies where and when we tell better get to know each other. Dozens died before her very eyes. them. General Chi’s big lie about This is what Tiananmen Square Finally, I will put this question to Tiananmen Square certainly helped means to the people of China and to my colleagues: When President Richard many Americans understand what he the world. If President Clinton goes Nixon went to China, the Red Guard, and his government are really like. there and stands shoulder to shoulder Mao Tse-tung, and countless other offi- However, in China the visit by the with the very people who ordered the cial individuals reigned supreme. The Butcher of Beijing was a public rela- massacre, that gesture will be a thou- question that I put: Was China as bad tions coup. He could not have gotten sand times more powerful than any on human rights then when President better press, being feted at the White mere words he may exchange with Nixon visited? The answer is, of course, House and being given all of these hon- those who mowed down and bayonetted it was. But it was right to be engaged ors. Again, this is the man that ordered students and democracy activists. It then, and it is right to be engaged now. the killing of those students. will be the diplomatic equivalent of Mr. GILMAN. Mr. Speaker, I am I believe that the process of getting dancing on the graves of the coura- pleased to yield 5 minutes to the dis- acquainted must be a reciprocal one. In geous and innocent victims of tinguished gentleman from Indiana an effort to help General Chi under- Tiananmen square. (Mr. BURTON), chairman of the Com- stand that in America it matters Mr. President, for God’s sake and for mittee on Government Reform and whether you tell the truth, my Sub- the sake of the people of China and for Oversight. June 4, 1998 CONGRESSIONAL RECORD — HOUSE H4117 Mr. BURTON. Mr. Speaker, I thank continue to take place. I say, why? Are they really want, which is that the the gentleman for yielding to me. we our brother’s keeper or not? Are we President should not go. To say to the Mr. Speaker, I have heard some of supposed to turn our head and look the President of the United States, look, my colleagues say that we have to other way just for the almighty dollar? Bill, when you get over there, tell them make it clear to China that if they are Is American business so callous that where you are going to land and where to join the people of nations, that they they do not care about people in other you want to meet them and what door are going to have to change their poli- parts of the world? you want to go into, the Great Hall of cies. I have heard some of my col- Obviously we want to make money. the People. Just send over a letter to leagues say that we have to be respect- Money is very important. But, for the Chinese Government and say, I am ful, but firm. I have been in Congress God’s sake, what about human beings not coming in the front door, I want to now for 16 years, and every single year who are suffering? We look the other come in around back through the alley. I have heard that same kind of state- way. That is so ridiculous as to make the ment. Every single year, the situation What kind of penalties do we impose Chinese either laugh or be angry, one either remains the same or worse. on the Chinese Government for these way or the other. It is their country. Recently, a Clinton administration atrocities? Nothing. Nothing. We talk They decide how every official delega- official said frankly on the human about it year after year after year. tion comes to China. rights front, the situation has deterio- Many of my colleagues have been here I traveled with the President on his rated. They are rounding up dissidents as long as I have, and nothing changes. South American trip and his African and harassing them more. There are still 10 million people in trip. People in Brazil and Argentina There were 7,300 young men and those gulags making tennis shoes for were distressed by the amount of intru- women who wanted nothing more than us, slave labor camps, being paid noth- sion we made about how the President liberty and freedom 9 years ago and ing, but we look the other way. We comes into a country. were brutally massacred or hurt in have got to stay constructively en- b 1815 Tiananmen Square. Many of them are gaged with no penalties. still in communist Chinese gulags I submit to my colleagues, we have For us to stand here on the floor and today. got to put some pressure on them. We seriously say he should not go to the What are we going to do about it? We have done it before, I think, when we official reception place of the Chinese have got to continue to be engaged had some property rights. A couple Government is just simply ridiculous. with them. We have a $60 billion trade years ago I think we put some pressure Now, I believe that we have no choice deficit that is really putting pressure on China and they relented, but it was but to remain engaged with China. For on communist China. They are using 10 only because we put pressure on them. us to return to the pre-Nixon era, when million men, women, and children in But we do not do that anymore. Very we said they are communists so we are slave labor camps, gulags, to make ten- rare cases. not going to talk to them, is simply So I would just like to say to my col- nis shoes and things that we buy in not possible. Clearly, the events in leagues we need to put pressure on this country every day. South Asia that everybody was out communist China. We now believe that Yet, when they commit human rights here 2 weeks ago passing resolutions we have had technology transferred atrocities like Tiananmen Square, we about, that is, the exchange of nuclear that has endangered the very security say we have to keep engaged. We have technology with Pakistan, and the of every man, woman, and child in this to be respectful, but firm. We have to whole problem of the Pakistan-China- country, or possibly may have. We make it clear to them they have got to India triangle, is an issue that must be know that the Chinese Communist gov- change, but they do not change. It goes discussed at the highest level. ernment has given political contribu- If Members and I share a concern on year after year after year. tions in this country, and they do not Today, we had a hearing before our about peace in the world, we have to be do it for their health. They must have committee. The gentleman from New talking to the people who have the been doing it, trying to influence our York (Mr. GILMAN) and I cochaired that ability to control that situation. For policies in some way. us to say to the President, why do you meeting. We had Harry Wu testify be- These things need to be investigated not start by insulting the Chinese, tell fore our committee, and Wei Jingsheng thoroughly before the President of the them where you are going to land, you before the committee. Both of them United States goes over there in are going to go into Nanking, the old told us very clearly that in the prisons Tiananmen Square where this mas- south capital, you are not going to Bei- over there they are killing prisoners sacre took place and starts shaking for body parts. hands with the President of China, who jing because that represents a bad They come to foreign countries, and lied to the American people when he place, would be like saying to Yeltsin, they say to foreign countries, if you said there were no political contribu- I do not think I am going to come into want a kidney, we will get it for you tions coming from them into this coun- Moscow because that is where a lot of for $30,000. Then they go back for tissue try, and he knew it. tragedy and trauma occurred. samples and blood samples, and they I would just like to end up by saying Mr. Speaker, I think this resolution find a prisoner or group of prisoners. this to my colleagues: For God’s sweet is very ill-conceived and bad public pol- They say, okay, come over here on a sake, think about those people over icy. certain date, and I will kill them and there who are dying today while we are Mr. GILMAN. Mr. Speaker, I am give you their kidneys, and they do it. so callously looking the other way. pleased to yield 2 minutes to the gen- They are making an estimated mini- Mr. HAMILTON. Mr. Speaker, I yield tleman from Arizona (Mr. SALMON). mum of $60 million a year by harvest- 3 minutes to the distinguished gen- (Mr. SALMON asked and was given ing body parts off of prisoners, many of tleman from Washington (Mr. permission to revise and extend his re- them possibly political dissidents, and MCDERMOTT). marks.) selling them to people around the Mr. MCDERMOTT. Mr. Speaker, as I Mr. SALMON. Mr. Speaker, I whole- world. I cannot hardly believe that. It listen to this debate, I think we are heartedly support this resolution, is ghoulish. Yet, we turn our backs on back into debate like we just finished which could not have come at a more that. on the prayer amendment. The ques- poignant time. Nine years ago today It is going on today. They are doing tion is: Does the President of the thousands of young Chinese men and it in Taiwan. They are doing it in United States condone what happened women lost their lives while dem- Macao. They are doing it all over in Tiananmen Square? Is anybody seri- onstrating support for freedom and de- Southeast Asia. They are doing it even ously asserting that the President of mocracy. This peaceful demonstration here in the United States, where people the United States condones what hap- came to a violent end when Chinese have already been arrested trying to pened there? The answer is absolutely soldiers of the People’s Republic of sell these body parts. not. He has spoken about it over and China were ordered to fire machine But we have to stay engaged with over again. guns and tanks on these innocent un- them. We have to look the other way I would respect the matters of this armed civilians. Many of the survivors while these human rights atrocities resolution if they would put in it what remain incarcerated today. H4118 CONGRESSIONAL RECORD — HOUSE June 4, 1998 I realize I have a somewhat different To support China-MFN and to sup- freedom sending its President to the point of view than many of my col- port this concurrent resolution is intel- very site of this notorious event, which leagues. In fact, I urged the President lectually incompatible, because to do all the world saw and still concerns to go to China. There was a letter cir- so is to argue that these brave souls, itself with, and not send the kind of culated recently asking him not to go. 2,000 of them that lost their lives, their signal that all of us hope is not sent, I think that would be a tragic mistake. lives are worthy of changing a cere- that America no longer cares about I think he should go. I think there are mony but they are not worthy of freedom. We do care about freedom. I a lot of valuable things he could ac- changing our economic policy. Those believe President Clinton cares about complish. I think he can reaffirm the lives are worthy of changing some cere- freedom. That is why he should not go moral values of the American people in monial thing that the President will there. terms of human rights, nonprolifera- do, where he will walk, but they are Last year I went with the leadership tion, and on and on. He should have not worthy of us, God forbid, losing a of this Congress to meet with President gone long ago, in fact, not for just buck. Jiang Zemin in Beijing. We were not some kind of a photo opportunity, but I am sure those that bring back the received in Tiananmen Square. It was to discuss the serious issues facing our memory of those whose lives were lost not necessary for us to be received Nation today. in Tiananmen Square are very genuine, there. The Vice President of the United However, he should not go to very genuine in their memories. But I States, AL GORE, last year went to the Tiananmen Square. In fact, just 3 days respectfully suggest to bring up the People’s Republic of China. He was not ago I sent a letter to President Clinton, memories of such brave freedom fight- received in Tiananmen Square. and I will quote it: ers in the context of something that is President Clinton should not become I must urge you in the strongest terms to not a great debate about policy about the first American President, the only avoid any official activities in Tiananmen Square. No American President should ap- China, but is yet just another attempt American President, to be received in pear at Tiananmen Square, at a minimum, to rebuke the President on an inter- Tiananmen Square since that horrible until Chinese officials acknowledge young national stage, is not what we ought to occurrence in 1989. That is what this Chinese men and women whose blood was do. resolution is all about. I am very con- shed 9 years ago this week. Your visit there Mr. GILMAN. Mr. Speaker, I am fident that it will receive broad and bi- would set back the Chinese struggle for pleased to yield 3 minutes to the gen- partisan support. I am very confident human rights, and would be an insult to tleman from California (Mr. COX). that the advice that we will be giving those heroic students who gave their lives Mr. COX of California. Mr. Speaker, I for the cause of freedom. I think will be received as it is in- thank the gentleman for yielding me tended, for the good of the United Mr. Speaker, Chinese officials must the time. States of America, for the good of acknowledge the bloodshed that oc- Mr. Speaker, our relations with the human rights around the world. curred in Tiananmen Square if they ex- People’s Republic of China are multi- Mr. HASTINGS of Florida. Mr. pect to advance a constructive rela- dimensional. We have trade relations, Speaker, I yield 2 minutes to the dis- tionship with the United States. I urge we have security relations, and yes, we tinguished gentleman from California all of my colleagues to support this care about human rights in China. Yes, (Mr. BERMAN), the ranking member of resolution. It is not about trying to we should talk about these things al- the Subcommittee on Asia and the Pa- dictate to the President where he ways together. But there are people of cific. should go or where he should not go, it good will on both sides who believe Mr. BERMAN. Mr. Speaker, I thank is simply about common sense. It is that keeping tariff rates low is a way the gentleman for yielding me the simply about reaffirming our values. for us to engage China. That is the time. That is a great opportunity to build view of the President of the United Mr. Speaker, I do not think support- constructively this relationship. ing this resolution is standing up for A lot of folks who have said that States. MFN does not work, they say so be- While I am one who has voted against human rights. I think well-intentioned cause I do not think we have been con- MFN, and so probably do not fall into people can disagree about this, but for structively engaged. We do not take the category that my colleague just de- me this is the essence of meaningless the opportunities to use the bully pul- scribed of being inconsistent, I do not symbolism over real substance. If Members do not think the Presi- pit to speak plainly with our col- see it as hypocrisy when people wish to leagues on another continent. stand up for human rights and also dent should go to China, bring forth a Mr. HAMILTON. Mr. Speaker, I yield wish to stand up for low tariff rates. resolution saying that the President 2 minutes to the distinguished gen- It seems to me that when we have a should not go to China. If Members do tleman from Florida (Mr. WEXLER). vote on this in just a little while, we not believe in the policy of construc- Mr. WEXLER. Mr. Speaker, I, too, are likely to have about 90 percent of tive engagement, then come out and am outraged at the atrocities at the Congress voting together, because speak against that particular policy. If Tiananmen Square 9 years ago. I, too, on either side of the MFN issue, we Members want to do something that as the concurrent resolution states, am ought to agree that human rights in will hurt the Chinese and bear the con- outraged that children were killed China are important. Because our rela- sequences of it, then come out for holding the hands of their mothers, tions, our bilateral relations with the MFN. If Members want to withhold im- outraged that students were crushed by People’s Republic of China are com- ports and trade benefits because of the armored personnel carriers. As the res- plex, it is, to state the obvious, that constant and continuous policy of pro- olution says, I am outraged that more human rights is not all there is. liferation of nuclear and missile tech- than 2,000 Chinese, pro-democracy dem- But if the President of the United nology, deal with that. onstrators, died that day. States were to appear in Tiananmen But do not say, all this is fine, con- But is this resolution about changing Square, with all of the symbolism that structive engagement is good, going to policy in China? Unfortunately, it is that carries, were to appear in this China makes sense, renew MFN, but, not. It is just yet another partisan po- very public killing field, that visit, Mr. Speaker, do not go to the place litical attempt to embarrass the Presi- that event, would be all about human that for all of us symbolizes the most dent. While I would never dare impugn rights and nothing else. That is why horrible, indescribable terror imag- the motives of those speaking in favor the President ought not to do it. inable and the example of brute gov- of the resolution, where were all the It is not just that over 2,000 people ernment force, do not go there, as your voices, where was the Speaker’s voice, were killed by PLA troops and tanks statement of protest. when he supported extending China on that day, as estimated by the Chi- Mr. President, go there, speak once again Most Favored Nation trad- nese Red Cross and other reliable against that horror, speak against ing status? Where were all the voices sources, including eyewitness accounts. what we do not want, push an agenda who support extending Most Favored It is that the survivors of those democ- which is meaningful and real in terms Nation trading status on China? Why racy demonstrations are still in jail of helping America’s interest in stabil- were they not talking about the atroc- today, in 1998. It is awfully difficult to ity and the interests of nonprolifera- ities then? imagine an America that stands for tion and the cause of human rights, but June 4, 1998 CONGRESSIONAL RECORD — HOUSE H4119 do not take the cheap symbolism of I appreciate the sponsorship of this, Chinese regime on the wrong side of this kind of resolution as a substitute and I strongly support this, and hope it history. I urge our colleagues to vote for a policy. can be almost by unanimous vote. aye. I have watched, too much, people b 1830 Mr. GILMAN. Mr. Speaker, I yield 2 who write letters urging the President minutes to the gentleman from Ari- to allow American satellites and Chi- Mr. HAMILTON. Mr. Speaker, I yield zona (Mr. KOLBE). nese launchers and then pass one House 2 minutes to the distinguished gentle- Mr. KOLBE. Mr. Speaker, I thank the bill to stop it, and people who stand up woman from California (Ms. PELOSI). gentleman from New York for yielding and decry China and then go vote for Ms. PELOSI. Mr. Speaker, I thank me this time. MFN because American corporations the distinguished gentleman from Indi- Mr. Speaker, I rise in support of H. want it. ana (Mr. HAMILTON) for yielding me Con. Res. 285 expressing the sense of this time. I agree with the gentleman from Congress that President Clinton ought Mr. Speaker, I come to the floor Florida (Mr. HASTINGS) about his point, not to be received by the Chinese Gov- today with my prized possession which and I urge a ‘‘no’’ vote on the resolu- ernment on his arrival at Tiananmen is the great icon, the picture, probably tion. Square when he goes there later this one of the greatest symbols of the 20th month. Mr. GILMAN. Mr. Speaker, I am century, of the lone man before the pleased to yield 2 minutes to the gen- Mr. Speaker, as many in this body tank. And it is signed by almost every know, I am one who believes very tleman from Virginia (Mr. WOLF). important dissident who has come out strongly in a policy of engagement. I Mr. WOLF. Mr. Speaker, I rise in of China. It is a great treasure to me am one that supported China MFN. I very strong support of this resolution. because of the courage of the people believe that engagement works. I be- The resolution calls for the release of that are represented here. lieve that when American citizens, prisoners. The gentleman from New I rise today in support of the resolu- businesspeople, students, and academi- Jersey (Mr. SMITH) and I went into tion, and I want to tell my colleagues cians travel to China, we help to spread prison. In fact, this is Beijing Prison why. But, first of all, I want to associ- our values there. And I do believe that Number 1. This is the back of the head ate myself with some of the remarks of makes a difference. I also do not oppose of the gentleman from New Jersey (Mr. the gentleman from Florida (Mr. the President’s visiting China. Indeed, SMITH). WEXLER) and the gentleman from Cali- I believe he should visit China, because These were prisoners, Tiananmen fornia (Mr. BERMAN), because far too I believe it is an important element of Square prisoners, and we picked the often we have resolutions on the floor a sound foreign policy for China. socks up off the line that the prisoners that serve as a fig leaf for those who, Others that have supported this reso- were making. There were 1,000 to 2,000 when the really serious issues come up lution have talked about the abuses people killed, but there were men, like trade status and the rest, are that are going on today in China. They many of them or most of them, and I never with us. have talked about widespread political see the gentleman from New Jersey Members are quick to criticize the prisoners. They have talked about body (Mr. CHRIS SMITH) in the back there, impact of the President’s policies while parts being sold commercially and who remembers vividly when we went they have stuck with him every time a about forced abortions. We know there in the Beijing Prison Number 1. What vote is taken, but use these issues for are human rights abuses in China— it says was Hosiery Factory, when it political purposes and bring up resolu- some of them alleged, some that we was basically a very, very brutal pris- tions, as I say, to make themselves know take place. on. well, when they are voting against the But that is not what this resolution For their families, it is absolutely really serious issues that we have to is about. The resolution says that this important to pass the resolution. It is deal with. President ought not to be received as not a free vote, because I will tell the Having said that, I want to say that an official part of his visit in Members, tomorrow morning on Radio this is not about whether the President Tiananmen Square because of the very Free Europe and Radio Free Asia and should go to China. I think the Presi- symbolism that an event there would Voice of America, if you will, this will dent should go to China when the time suggest. It would suggest that the go on, that the United States Congress is right. He thinks that is now. I dis- United States, that the President of has passed this. What it will say is that agree, but I am not against his going to the United States, forgives and forgets the people’s body, the United States China. what happened there only 9 years ago Congress, has passed this resolution. And it is not about whether we when the Chinese Government cal- If you were a mom or dad who had should be engaged with China, because lously crushed an incipient student po- had your son or daughter killed, and I we certainly should be engaged with litical democracy movement. It was have brutal pictures of those who have China, but in a sustainably and con- brutal, and we all saw it on television. been run over by tanks, this would send structive way, which I do not think we And, yes, the gentleman from Florida a message. But for those who are in are right now. (Mr. HASTINGS) said that I was in prison and languishing, it will send a The reason why I am opposed to the Tiananmen Square with him. Yes, I message: One, he ought not to go to President being received in Tiananmen was there. But I think there is a dif- Tiananmen Square, and I am one who Square is because the President is try- ference in walking across Tiananmen has been opposed to MFN; but two, I ing to frame his visit as the end of the Square and being officially received think for the children, for the prisoners Tiananmen era. That is not so. And there as part of the opening ceremony. that are in there who made these just saying it will not make it so. Mr. Speaker, the President should go socks, and these have golfers on them The Tiananmen era will not be over to China, but he ought to be in control and they do not play golf in China, until the Chinese regime reverses the of his own visit. No Chinese visitor they are for export to the United decision of Tiananmen Square; until would agree to be received on Amer- States, this resolution is a good resolu- the over 100 people who were arrested ican soil at the site of some atrocity tion. at that time are freed and are allowed against its citizens in this country, if I strongly hope that it is passed by to speak freely in China; until the over such an event were to occur. If we be- an overwhelming margin, because to- 2,000 political prisoners are freed, not lieve in freedom and human rights for morrow in Beijing when they hear, I exiled but allowed to stay in China and Chinese, our president should not visit think it will send a positive message, speak freely, and over 200,000 people in any official capacity the scene of the and the prisoners in Beijing Prison who are in reform-through-labor camps brutal repression. Number 1 and throughout the gulags because of their political beliefs are re- Mr. Speaker, I say, ‘‘Mr. President, will find out about this resolution. leased. make your visit. Stay engaged. But do Their moms, their dads, their wives, Mr. Speaker, in closing, I just want not say to the Chinese that we condone their families within the next couple of to say that Mr. Harry Wu said this and forgive what happened there 9 weeks will tell them, and that will give morning if the President goes to years ago. Mr. President, do not go to them hope. Tiananmen Square, he will join the Tiananmen Square on this visit.’’ H4120 CONGRESSIONAL RECORD — HOUSE June 4, 1998 Mr. HAMILTON. Mr. Speaker, I yield were butchered. Many are in prison Mr. Speaker, I urge rejection of this 1 minute to the gentleman from Cali- today. And the last thing we need from resolution. fornia (Mr. DOOLEY). the President of the United States is to Mr. GILMAN. Mr. Speaker, I yield 2 (Mr. DOOLEY of California asked and break his word that he gave the Amer- minutes to the gentleman from Califor- was given permission to revise and ex- ican people about coddling the Chinese, nia (Mr. ROHRABACHER), a member of tend his remarks.) about not standing up for human the committee. Mr. DOOLEY of California. Mr. rights, because he ran on it. We would Mr. ROHRABACHER. Mr. Speaker, I Speaker, I rise in opposition to this like him to keep his word and not do am going to be blunt. The presence of resolution. what would be a terrible signal to the President in the United States, It was over 20 years ago the Repub- those who are trying to stand up for President Clinton with his record on lican President Nixon fought off the human rights and democratic reforms human rights, in Tiananmen Square forces of isolationism and turned this around the world. makes a mockery of this country’s sin- country towards a direction of engage- Mr. HAMILTON. Mr. Speaker, I yield cere commitment to human rights and ment with China. When I hear many of 2 minutes to the distinguished gen- democracy. the speakers today that are suggesting tleman from West Virginia (Mr. WISE). This administration has the worst that our President should not be enter- Mr. WISE. Mr. Speaker, I think with human rights record of any administra- tained on Tiananmen Square, that are the eloquence of many who have spo- tion in my lifetime. And any utterance suggesting which door he should enter ken here on both sides, it is important the President of the United States when he goes to the Great Hall of to remember what happened 9 years might make about human rights in China, I am troubled by that, because ago in Tiananmen Square. The people Tiananmen Square, where thousands of it seems to me that we have seen clear must remember. The U.S. Congress young people struggling for democracy demonstration over the last 20 years must remember. The President of the in China were murdered, just takes that this policy of constructive engage- United States and, yes, the Chinese away from any message that we might ment has done more to advance the in- people and government must remem- have as a people to the peoples of the terest of human rights, the interest of ber. world that we are serious when we talk religious freedom in China than any But I have got to ask, too, why do we about democracy and freedom. policy of isolationism could have ever not remember and remember how im- In reality, it will be seen as purely achieved. portant it is to engage? Would anyone posturing by a President that has time Sure, there are still problems in have seriously suggested that Presi- and again said making money and human rights. There are still problems dents Reagan or Bush or FORD or making sure that the Chinese can keep in religious persecution. But for us to Carter, going all the way back, should that $50 billion trade surplus to be used suggest and to dictate to this President never have gone to Moscow to meet to build up their own weapons systems how and where he should be enter- with the Soviet Union, now, of course, which they then use to suppress their tained is clearly not appropriate. It the Russians, because of the gulags, be- people is much more important than does not serve us well to dictate to the cause of the Korean Air 007 shooting human rights. President that he should insult the down, because of the oppression in Af- President Clinton said, well, we must host, the President of China and the ghanistan and countless other coun- have Most Favored Nation status again citizens of China. tries? Of course not. We knew they had Mr. Speaker, I urge Members to vote just recently; and he told the people of to go. the United States that this was be- against this resolution. Or Richard Nixon, should he not have cause China can help us. It is not good Mr. GILMAN. Mr. Speaker, I yield 2 gone to China? Talk about human in human rights. At least it can help us minutes to the gentleman from Indiana rights violations. Mao Tse-tung and in a broader role by bringing peace to (Mr. SOUDER). the Red Guard were running in full Mr. SOUDER. Mr. Speaker, I com- bloom at the time. Millions massacred, Asia or whatever. And further evidence mend the gentleman from New York millions incarcerated. Deng Xiaoping of this, of the role they can play, is the (Mr. GILMAN) for his leadership on this. himself, a later leader of China, was important role that the President said Mr. Speaker, the President ‘‘contin- being subjected to imprisonment by that we can be working with China in ues to coddle China, despite its con- the Red Guard, but we had to engage. some strategic relationship in the 21st tinuing crackdown on democratic re- The President of the United States century. forms, its brutal subjugation of Tibet, standing in Tiananmen Square does But what constructive role was he and its irresponsible export of tech- not gloss over what happened there; it talking about with Beijing as a strate- nology.’’ That is not my opinion. highlights it. It highlights it because of gic partner? Since May 26, one week Let me read that again. The Presi- the attention it draws, and I think previous to the President’s statement, dent ‘‘continues to coddle China, de- President Clinton will stand well in U.S. intelligence has been tracking a spite its continuing crackdown on representing what Americans believe. Chinese cargo freighter that departed democratic reforms, its brutal subjuga- We have to look at this trip in the from Shanghai loaded with missiles tion of Tibet, and its irresponsible ex- entirety, not in separate events. And and electronic components to be used port of technology.’’ December 11, 1992, that is what I think is important, is for nuclear weapons steaming for Paki- William Clinton when he was Presi- what does the President come back stan. Steaming for Pakistan. With that dent-elect. with? type of a record I would suggest that Mr. Speaker, talk about a whopper. I Finally, I am a little tired of micro- China cannot help us with anything, mean, if my colleagues wonder why the managing by Congress. I am tired when and they are not good for human American people distrust our leader- the Speaker of the House goes to Israel rights. ship, it is when they say one thing to and decides it is okay to bash foreign Mr. HAMILTON. Mr. Speaker, I yield get elected and, when they get elected, policy on foreign soil. I am tired of 2 minutes to the distinguished gen- they do exactly the opposite. Congress trying to micromanage the tleman from American Samoa (Mr. We heard earlier in the debate that foreign policy of this country. It is fair FALEOMAVAEGA). he is just yielding to the interests of to hold the President accountable, but (Mr. FALEOMAVAEGA asked and that country, that they set the sched- let the President do what the Constitu- was given permission to revise and ex- ule. But when another President of the tion says he is to do. tend his remarks.) United States went to Bitburg, where Many, and I am one of them who has Mr. FALEOMAVAEGA. Mr. Speaker, Nazi butchers had killed Jews that supported MFN status, but I would be I rise in opposition to House Concur- were buried in that cemetery, there insulted if someone tried to say that rent Resolution 285 which urges Presi- was a justified outcry in America, and business was trumping blood in that dent Clinton reconsider his decision to from the other side of the aisle, that situation. So it is that I feel the Presi- be received in Tiananmen Square. said that we do not think the President dent should be given the leeway and Mr. Speaker, President Bush con- should go to Bitburg. the discretion to do what he knows is demned the Chinese government when Mr. Speaker, what is the double fair to be done, and then it is fair to the killings occurred; and President standard here? Thousands of students judge him on the entirety. Clinton has repeatedly been on record June 4, 1998 CONGRESSIONAL RECORD — HOUSE H4121 and made clear his view that the horrific acts perpetrated on the people Mr. GILMAN. Mr. Speaker, I yield breakup of the demonstrations and of China who wanted freedom. the balance of my time to the gen- killing of innocent civilians was unac- But I would say that this resolution tleman from Texas (Mr. ARMEY), the ceptable and a great mistake by the does not speak to that question. For if distinguished minority leader. Chinese leaders. it seriously did, and I believe in human The SPEAKER pro tempore. The gen- Traditionally, the Chinese Govern- rights and have argued vigorously tleman from Texas (Mr. ARMEY) is rec- ment welcomes heads of state by arriv- against the travesties in Rwanda and ognized for 3 minutes. al ceremonies held at the Great Hall of Burundi and Bosnia and places around (Mr. ARMEY asked and was given People which is next to Tiananmen the world, we would not want our permission to revise and extend his re- Square. All dignitaries from around the President not to go and confront the marks.) world are accorded the same reception leaders and the tragedy of Tiananmen Mr. ARMEY. Mr. Speaker, this de- at the Great Hall, as was done with Square. bate has been a good debate and I want Japanese Prime Minister Hashimoto, We would want our President to to thank the committee for bringing it French President Chirac, British Prime stand tall in that square and declare a to the floor. The debate is about H. Minister Major, Russian President day of freedom for all of those pris- Con. Res. 285, expressing the sense of Yeltsin, and even Israeli Prime Min- oners who are incarcerated. We would Congress that the President of the ister Netanyahu. want our President to challenge the United States should reconsider his de- Mr. Speaker, are we as a Nation Chinese on their own territory about cision to be formally received in greater than all of these democratic the travesty of the lack of human Tiananmen Square by the government nations combined? It seems to me that rights and human dignity in that coun- of the People’s Republic of China. we are bordering along the line of arro- try. It is unusual. I think we have ac- gance to tell another sovereign nation This resolution is not a resolution to knowledged that. It is an unusual thing how it should receive our President. bring about those kinds of acts. It is a to bring such a resolution to the floor. The reception of these world leaders at partisan one, although I do not in any It is probably even more unusual for the Great Hall did not signify their way argue against those who are com- the resolution to have been brought to government’s condoning the mitted to the issues of human rights. I the floor by me or to have been submit- Tiananmen Square massacre. Likewise, know that they are standing on solid ted by me. I listened to the debate, and President Clinton’s reception at the ground. I simply ask them to recon- good points were made on both sides of Great Hall cannot be construed as be- sider whether or not any action will the debate, and I want to thank every- stowing legitimacy on the Chinese come out of this. body who participated in the debate. I believe it is extremely important Government’s brutal actions 9 years Why would I do this? It is not my that our President go bravely into ago. usual posture to suggest that I should China, stand up for what America be- b 1845 describe for the President how and lieves in, the human dignity of all peo- where he should travel, where he Mr. Speaker, contrary to the views of ple, ask for those incarcerated because should be received when he travels. my friends in the Republican majority, of their difference in views to be freed What would compel me to do this? I honestly believe the presence of now and immediately. That is what I What compels me is the love of free- President Clinton on Tiananmen want the President of the United dom and the scene of that love of free- Square will reinforce and reaffirm fun- States to do, to stand for freedom and dom that I saw 9 years ago on this day, damental basic democratic values and human rights, to do it and say it loudly the young students in China gathered principles to all the leaders and the and to bring the United Nations along together on Tiananmen Square. people of China. President Clinton with him. I believe we can do this bet- should respect Chinese protocol and ter if we allow our President to rep- They gathered for the purpose of use the opportunity of the Great Hall resent us in the way he should. celebrating freedom and democracy. to expressly honor the memories of Mr. GILMAN. Mr. Speaker, I yield They gathered for the purpose of hop- those who died in Tiananmen Square, such time as he may consume to the ing and dreaming, wishing, praying while urging that China continue gentleman from Florida (Mr. STEARNS). and, no doubt, demanding freedom and progress at all levels for human rights. (Mr. STEARNS asked and was given democracy for themselves. They gath- Mr. Speaker, I urge that our col- permission to revise and extend his re- ered around them on that square the leagues vote against this measure. marks.) symbols of freedom that they knew, Mr. GILMAN. Mr. Speaker, would the Mr. STEARNS. Mr. Speaker, I rise in even from their relatively closed soci- Chair advise us how much time re- strong support of the resolution. ety, they knew symbols of freedom mains? Mr. Speaker, I rise in strong support from around the globe. One such sym- The SPEAKER pro tempore (Mr. of this resolution that simply asks bol of freedom that they knew of was GOODLATTE). The gentleman from New President Clinton not to be formally the Statue of Liberty in the United York (Mr. GILMAN) has 3 minutes re- received at the site of Tiananmen States. The students had built a papier maining, and the gentleman from Indi- Square. mache model of that statue and it was, ana (Mr. HAMILTON) has 21⁄2 minutes re- Tiananmen Square is probably the I am sure, something of enormous en- maining. site of the worst government violence couragement to them. Mr. HAMILTON. Mr. Speaker, I yield brought upon an unarmed population Then the troops confronted the stu- 2 minutes to the distinguished gentle- in the last thirty years, where at least dents, armed troops, tanks, we have all woman from Texas (Ms. JACKSON-LEE). 2000 people were murdered by their own seen the pictures. We sit there and we (Ms. JACKSON-LEE of Texas asked government. wonder why would a lone figure stand and was given permission to revise and I adamantly believe that the Presi- in the face of those tanks. Why would extend her remarks.) dent, in light of explosive allegations the students risk the carnage that they Ms. JACKSON-LEE of Texas. Mr. that the Chinese military was attempt- experienced? The same reason people Speaker, in many instances we see ing to funnel illegal campaign dona- have risked their personal lives and bravery by going forward, marching tions to political candidates and be- their fortunes and their sacred honor strong and tall. I would hope this coun- cause of China’s weapons and nuclear before, for the love of freedom. try would view the visit of the Presi- proliferation, should not even travel to They saw during all that carnage dent of the United States just in that the People’s Republic of China at this their comrades fall, fellow students. form. point. They must have been as horrified as we I, too, was outraged and overcome But if he is, the President must send were as we watched the scenes. They with sadness at the tragedy of the strongest signal to China that we saw the symbol of liberty, the Statue Tiananmen Square in 1989. Thousands will not accept such butchery on an in- of Liberty in papier mache, crushed of Chinese students marched peace- nocent people. under the tanks. They later experi- ably, children were killed and students Mr. HAMILTON. Mr. Speaker, I yield enced the arrests and some of them are were trampled, and horrendous and back the balance of my time. there today. H4122 CONGRESSIONAL RECORD — HOUSE June 4, 1998 One of the things I marveled about 9 their fate unfold on CNN. We cannot allow June 4th, however, he should not go to years ago and one of the things I mar- their memory to die and we cannot allow what Tiananmen Square on this trip. vel about today, no matter how rigor- they stood for to be diminished. The SPEAKER pro tempore. All time ously the Government of China keeps By ordering Chinese troops and police to for debate has expired. the message of freedom out, the mes- fire on their own people, Jiang Zemin, Li Peng The concurrent resolution is consid- sage is heard by these young people. I and the rest of the Chinese Politburo earned ered as read for amendment. guess there is an old line, with love all their place in history. Nothing that has hap- Pursuant to House Resolution 454, things are possible, and with the love pened since can change this fact. President the previous question is ordered. of freedom they hear the message of Clinton seems determined, however, to create The question is on the concurrent freedom. his own place in history as the American lead- resolution. They look to America as the peoples er who turned his back on the democracy The question was taken; and the of the world look to America for free- movement in China in order to avoid offending Speaker pro tempore announced that dom, and they see in America many, his authoritarian hosts. The Chinese leader- the ayes appeared to have it. many symbols of freedom, the Statue ship remains unapologetic about the events of Mr. GILMAN. Mr. Speaker, I object of Liberty that they reproduced. I ex- June 4, 1989 and they continue to vilify, im- to the vote on the ground that a pect this building is seen by many peo- prison and exile these brave democracy activ- quorum is not present and make the ple around the world and would be seen ists. By standing in Tiananmen Square with point of order that a quorum is not by these young people today in their these men, President Clinton lends them and present. prisons or worrying about arrest, this their policiesÐincluding the actions of June The SPEAKER pro tempore. Evi- Capitol would be a symbol of freedom. 4thÐthe veneer of legitimacy they have dently a quorum is not present. The White House is seen as a symbol of sought since that fateful day. This is unaccept- The Sergeant at Arms will notify ab- freedom, the eagle. able. sent Members. Mr. Speaker, to most of the world the Tiananmen Square is more than a vast ex- The vote was taken by electronic de- President of the United States, the panse of concrete in the middle of Beijing vice, and there were—yeas 305, nays American presidency is a symbol of through which one must inevitably cross. It is 116, not voting 13, as follows: more than a typical example of totalitarian ar- freedom. What an honor. What an [Roll No. 202] chitecture; and it is more than a place for cer- honor for this great Nation to have our YEAS—305 head of State recognized as a head of emonial receptions of foreign dignitaries. Tiananmen Square evokes a visceral emo- Abercrombie Diaz-Balart Hyde State, as a symbol of a thing so pre- Aderholt Dickey Inglis cious as freedom. tional reaction within those of us who followed Archer Doggett Istook They saw the Chinese army crush the events of May and June of 1989. It is the Armey Doolittle Jackson (IL) their symbol of freedom and it broke place where we saw the spirit of freedom and Bachus Doyle Jenkins Baesler Dreier Johnson (CT) their hearts. Should these young peo- democracy living in the faces of tens of thou- Baker Duncan Johnson (WI) ple now see the symbol of freedom, the sands of Chinese people. It is also the place Ballenger Dunn Johnson, Sam American presidency, received in where we saw their dreams of freedom and Barcia Ehlers Jones Tiananmen Square, celebrated by that democracy crushed by their own brutal and il- Barr Ehrlich Kasich Barrett (NE) Emerson Kelly same government that was so callous legitimate government. In 1989, Jiang Zemin Bartlett English Kennedy (RI) and so cruel, so harsh, so brutal in and Li PengÐamong othersÐmade the deci- Barton Ensign Kennelly crushing their love of freedom? sion to use force against peaceful demonstra- Bass Etheridge Kildee Bateman Evans King (NY) It is not about the President, Mr. tors at Tiananmen Square. In June 1998, they Bereuter Everett Kingston Speaker. It is not about the Congress. will be at Tiananmen Square to greet the Bilbray Ewing Klug It is not about you and I. It is not President of the United States. I believe that Bilirakis Fawell Knollenberg about American business enterprise. It such an act is an insult to the memory of Bliley Foley Kolbe Blunt Forbes Kucinich is not about trade. It is about young those who died in the Tiananmen Square Boehlert Fossella LaHood people with freedom and the love of massacre and those who remain in prison or Boehner Fowler Lampson freedom in their hearts and their hopes in exile today as a result of their participation Bonilla Fox Lantos Bonior Franks (NJ) Largent and their dreams, who should not have in that historic protest. Is this the message Bono Frelinghuysen Latham to observe one of the great world sym- that we want to send to those inside China Boswell Gallegly LaTourette bols of freedom received on what is to and around the world who are fighting for free- Boyd Ganske Lazio them sacred, hallowed ground by the dom and democracy? Brady (TX) Gejdenson Lee Bryant Gekas Levin despotic government that crushed their I strongly support the substance of this res- Bunning Gephardt Lewis (CA) dream. olution and I am pleased that the House has Burton Gibbons Lewis (KY) Mr. PORTER. Mr. Speaker, nine years ago, seen fit to bring it to the floor today. I believe Buyer Gilchrest Linder the People's Liberation Army and the State that it is important that President Clinton visit Callahan Gilman Lipinski Calvert Gingrich Livingston Security Forces of the People's Republic of China, and that the U.S. remain engaged with Camp Goode LoBiondo China turned their weapons on a group of un- China. I do not, however, believe that it is in- Campbell Goodlatte Lowey armed, peaceful demonstrators who had gath- consistent with engagement to join my col- Canady Goodling Lucas Cannon Goss Maloney (CT) ered in the center of Beijing for several weeks leagues in calling on the President to honor Capps Graham Maloney (NY) to protest the corruption of the communist Chi- the memory of those brave Chinese men and Cardin Granger Manton nese government and demand democratic re- women who died nine years ago in the name Castle Greenwood Manzullo forms and greater freedom. Many of those of freedom and democracy by refusing to Chabot Gutierrez Mascara Chambliss Gutknecht McCarthy (NY) who had gathered there were studentsÐthe stand in Tiananmen Square with the architects Chenoweth Hall (OH) McCollum best and brightest of ChinaÐbut there were of the massacre that is synonymous with that Christensen Hall (TX) McCrery also factory workers, older people, families place. Engagement does not mean we fail to Clay Hansen McHale Coble Harman McHugh and even party members. They had come to stand with those who are our values, rather Coburn Hastert McInnis Tiananmen SquareÐthe physical and psychic than those who repudiate our values. Engage- Collins Hastings (WA) McIntosh center of China's capital cityÐto peacefully ment does not mean that must allow the Chi- Combest Hayworth McIntyre petition for change in their government. This nese dictatorship to manipulate a visit by the Cook Hefley McKeon Cooksey Herger McKinney peaceful petition was met with bullets and U.S. president to their own political purposes. Costello Hill McNulty tanks. Between 2,000 and 5,000 people were U.S. policy should not get ``beyond Tiananmen Cox Hilleary Meeks (NY) killed in and around Tiananmen Square by Square'' until and unless the Chinese govern- Crane Hinojosa Menendez Crapo Hobson Metcalf Chinese military and police forces. They were ment admits that what happened there nine Cubin Hoekstra Mica shot in the back as they ran away. They were years ago was a mistake and apologizes to Cunningham Holden Miller (CA) crushed under tank treads. They were killed the Chinese people for this crime which was Davis (VA) Hooley Miller (FL) by indiscriminate machine gunfire. They put committed against them. When that happens, Deal Horn Minge DeFazio Hostettler Moran (KS) their own lives at risk to save others. They are I will be the first one to urge our President to Delahunt Hulshof Morella heroes and martyrs, and we will never know visit Tiananmen Square. Unless he goes to lay DeLauro Hunter Nadler many of their names even though we watched a wreath there in memory of the victims of DeLay Hutchinson Nethercutt June 4, 1998 CONGRESSIONAL RECORD — HOUSE H4123 Neumann Rogers Spratt So the concurrent resolution was language of his objection in the con- Ney Rohrabacher Stabenow Northup Rothman Stark agreed to. ference report on which he predicates Norwood Roukema Stearns The result of the vote was announced this point of order. Nussle Royce Stenholm as above recorded. Having met this threshold burden, Obey Ryun Strickland A motion to reconsider was laid on the gentleman from New York (Mr. Oxley Salmon Stump SOLOMON) and a Member opposed each Packard Sanchez Sununu the table. Pallone Sanders Talent f will control 10 minutes of debate. Pur- Pappas Sandlin Tanner suant to section 426 (b)(3) of the Act Parker Sanford Tauscher GENERAL LEAVE and after debate, the Chair will put the Pascrell Saxton Tauzin question of consideration, to wit: Will Paul Scarborough Taylor (MS) Mr. BLUNT. Mr. Speaker, I ask unan- Paxon Schaefer, Dan Taylor (NC) imous consent that all Members have 5 the House now consider the conference Payne Schaffer, Bob Thomas legislative days within which to revise report? Pease Schumer Thompson Will the gentleman from Oregon (Mr. and extend their remarks on the con- Pelosi Scott Thornberry SMITH) claim the 10 minutes in opposi- Peterson (MN) Sensenbrenner Thune current resolution just agreed to. tion? Peterson (PA) Sessions Tiahrt The SPEAKER pro tempore (Mr. Petri Shadegg Traficant Mr. SMITH of Oregon. Mr. Speaker, I Pickering Shaw Turner SUNUNU). Is there objection to the re- am in opposition. Pitts Shays Upton quest of the gentleman from Missouri? The SPEAKER pro tempore. The gen- Pombo Sherman Visclosky There was no objection. Pomeroy Shimkus Walsh tleman from Oregon (Mr. SMITH) will Porter Shuster Wamp f be recognized for 10 minutes in opposi- Portman Sisisky Watkins tion, and the gentleman from New REMOVAL OF NAME OF MEMBER Poshard Skeen Watts (OK) York (Mr. SOLOMON) is recognized for 10 Price (NC) Slaughter Weldon (FL) AS COSPONSOR OF H.R. 1614 Pryce (OH) Smith (MI) Weldon (PA) minutes. Quinn Smith (NJ) Weller Mr. SKAGGS. Mr. Speaker, I ask Mr. SOLOMON. Mr. Speaker, I yield Radanovich Smith (OR) White unanimous consent to be removed as a myself such time as I might consume. Ramstad Smith (TX) Whitfield cosponsor from H.R. 1614. I do want the Members to listen up. Redmond Smith, Linda Wicker It is very, very important. We are Regula Snowbarger Wolf The SPEAKER pro tempore. Is there Riggs Snyder Woolsey objection to the request of the gen- about to force every single senior citi- Riley Solomon Young (AK) tleman from Colorado? zen homeowner in America to pay more Rivers Souder Young (FL) There was no objection. real estate taxes. That is why I raise Rogan Spence this point of order against this un- f NAYS—116 funded mandate. Ackerman Fazio Millender- CONFERENCE REPORT ON S. 1150, This conference report would lower Allen Filner McDonald AGRICULTURAL RESEARCH, EX- each State’s reimbursement for admin- Andrews Ford Mink TENSION, AND EDUCATION RE- istrative costs in the food stamp pro- Baldacci Frost Moakley gram by an amount to be determined Barrett (WI) Murtha FORM ACT OF 1998 Gillmor by the Secretary of Health and Human Becerra Gordon Neal Mr. SMITH of Oregon. Mr. Speaker, Bentsen Green Oberstar Services. That provision, my col- Berman Hamilton Olver pursuant to previous order of the leagues, according to CBO would limit Berry Hastings (FL) Ortiz House, I call up the conference report the Federal Government’s responsibil- Bishop Hefner Owens on the Senate bill (S. 1150) to ensure Blagojevich Pastor ity to provide funding to States and Hilliard that federally funded agricultural re- Blumenauer Hinchey Pickett local governments to cover the admin- Borski Houghton Rahall search, extension, and education ad- istrative costs of the food stamp pro- Boucher Hoyer Rangel dress high-priority concerns with na- Brady (PA) Rodriguez gram. Jackson-Lee tional or multistate significance, to re- Mr. Speaker, the National Governors Brown (CA) (TX) Roemer Brown (FL) form, extend, and eliminate certain ag- Jefferson Roybal-Allard Association opposes this provision, and Brown (OH) Rush John ricultural research programs, and for almost every single individual gov- Carson Sabo Johnson, E. B. other purposes. ernor in America has expressed out- Clayton Sawyer Kanjorski Clement Skaggs The Clerk read the title of the Senate right hostility to this reneging on Kaptur Clyburn Skelton bill. them and putting more costs on our Kennedy (MA) Condit Smith, Adam UNFUNDED MANDATES POINT OF ORDER States and our local governments, and Conyers Kilpatrick Stokes Coyne Kim Stupak Mr. SOLOMON. Mr. Speaker, I rise to that is wrong. Cramer Kind (WI) Thurman a point of order under section 425 of the Mr. Speaker, I mentioned CBO had Kleczka Cummings Tierney Congressional Budget Act regarding scored this legislation as exceeding the Danner Klink Torres unfunded mandate threshold in the LaFalce unfunded intergovernmental mandates Davis (FL) Towns law, which is $50 million. In fact, those Davis (IL) Leach Velazquez on every single senior citizen home- DeGette Lofgren Vento owner in America. costs on the States are much, much Luther Deutsch Waters The SPEAKER pro tempore. The gen- higher, in the hundreds of millions of Dicks Markey Watt (NC) dollars in administrative costs to our tleman will state his point of order. Dingell Martinez Waxman individual States and each one of our Dixon Matsui Wexler Mr. SOLOMON. Mr. Speaker, this counties and cities and towns and vil- Dooley McCarthy (MO) Weygand does increase property taxes on senior Edwards McDermott Wise lages that we represent. And that is ac- citizens, and everybody ought to be lis- Eshoo McGovern Wynn cording to the National Governors As- Farr Meehan Yates tening. Fattah Meek (FL) sociation, my colleagues. Pursuant to section 426 of the Con- Overall, this represents a cost shift NOT VOTING—13 gressional Budget Act, the language on from the Federal Government to the Burr Lewis (GA) Reyes which this point of order is premised is States as high in my State of New Engel McDade Ros-Lehtinen contained in section 502 of the subtitle York as $280 million, $280 million, of Frank (MA) Mollohan Serrano A of title V, ‘‘Reductions in Payments which local governments are going to Furse Moran (VA) for Administrative Costs for Food Gonzalez Myrick have to pay 25 percent of that cost. Stamps,’’ of the conference report. That is what we are leveling on our (For section 502, see CONGRESSIONAL senior citizens. What that means, Mr. b 1916 RECORD of April 22, 1998, page H2185.) Speaker, is a ‘‘yes’’ vote for this un- Ms. KILPATRICK, Mr. CLYBURN, The SPEAKER pro tempore. The gen- funded mandate is a vote to increase Mr. OLVER, Ms. VELA´ ZQUEZ, Mr. tleman from New York makes a point property taxes on every single one of TIERNEY and Mr. MEEHAN changed of order that the conference report vio- our homeowners that own a home in their vote from ‘‘yea’’ to ‘‘nay.’’ lates section 425(a) of the Congres- America. Messrs. MCINNIS, WALSH, MCHUGH, sional Budget Act of 1974, and accord- Mr. Speaker, there are so many fami- MASCARA and MANTON changed ing to section 426 (b)(2) of the Act, the lies living in my district on fixed in- their vote from ‘‘nay’’ to ‘‘yea.’’ gentleman must specify the precise comes that it is almost impossible H4124 CONGRESSIONAL RECORD — HOUSE June 4, 1998 today for them to even pay the taxes. mandate kills the conference commit- development and nutrition will be de- As my colleagues know, we have tre- tee report. nied. mendous school taxes and land taxes, Mr. Speaker, I reserve the balance of Now, Federal mandates are generally all of which are caused by the cost of my time. thought of as any provision that im- welfare. When State and local govern- b 1930 poses an enforceable duty upon a State, ments are forced to raise taxes and or- except as a condition of Federal assist- dered to pay for this unfunded mandate Mr. SOLOMON. Mr. Speaker, I yield ance. The original intent was simply to from Washington it is going to get even myself such time as I may consume. require the Federal Government to pay worse. Mr. Speaker, I do not know, I have for requirements placed on States. The Taken together, this legislation re- heard of smoke and mirrors in my life- Committee on Rules identified the pur- serves a fundamental principle of the time, but let me tell you, I have been pose of the unfunded mandates bill as American majority, of the Republican a town mayor, I have been a county being to prevent Congress from passing majority in this House, returning legislator, I have been a State legisla- feel-good legislation that transfers the power and influence to the States and tor, and nobody knows more about this cost burden from the Federal Govern- letting them not be saddled with these welfare system in this country than I ment to State and local governments, terrible unfunded mandates. do. for example, the Occupational Safety Mr. Speaker, I reserve the balance of Let me tell you, when you take away Health Act, the Clean Air Act and the my time in order to let other people the administrative cost of this, you are Clean Water Act. speak as strongly as I have. going to give them something on one The provision we are considering in Mr. SMITH of Oregon. Mr, Speaker, I hand and take something away on the this bill today is unlike any of these. yield myself such time as I may con- other. Let me tell you, that is a smoke Technically, a Federal intergovern- sume. and mirrors. mental mandate is any provision that Mr. Speaker, I have the utmost and This letter from the Governors Asso- relates to a program which provides greatest respect for my friend from ciation says this would deny several $500,000 annually to States if the provi- New York. But I must, Mr. Speaker, hundred million dollars in food stamps sion would decrease funding to the correct the issue here because without and Medicaid funding from New York State and the State lacks authority to question this is an unfunded mandate, State alone, and $3.6 billion in Federal amend their programmatic responsibil- and we are asking our colleagues to costs to the States by forcing States to ity. recognize what kind of an unfunded absorb food stamp and Medicaid admin- An unintended consequence of the mandate this truly is. Certainly not in istrative costs, and it goes on and on 1996 welfare reform bill allows States the minds of those who passed the un- and on. to shift administrative costs previously funded mandate law, but indeed by de- Let me tell you, in New York State, charged to the AFDC program and al- cision, this is an unfunded mandate. and I think it is the same in most ready included in their Temporary As- How did it occur? every State in the Union, the local These are funds, Mr. Speaker, that sistance for Needy Families grants, the share is raised by property taxes. That TANF block grants, to the food stamp were allocated to the States as a cush- means that older Americans that are ion should the welfare rolls go up and program. The result is duplication of paying property taxes today are going Federal administrative reimbursement we have a huge downturn in the econ- to have to pay that increase, a very omy. They are funds that we do not an- to States for the same activity, since substantial increase, to pay for some- ticipate being used, certainly in the these costs are included in the TANF body else’s food stamps in another near future, maybe not ever, so they block grants and would be matched at area. are funds residing within each of the a 50 percent rate by the food stamp That is wrong. If you are going to States that may never be used. That is program. give those food stamps, at least pay for because of the action of this Congress S. 1150 would close this loophole by them out of Federal coffers, and do not in reducing the welfare rolls by requir- annually adjusting States’ claims for force local governors to raise property ing people to work and by reducing the administrative cost reimbursement by taxes. need for food stamps. the amount that was included in their So if these funds were not used in the Mr. Speaker, I reserve the balance of TANF block grants for the same pur- manner in which we have provided to my time. pose. The CBO has identified this provi- our colleagues in the conference com- Mr. SMITH of Oregon. Mr. Speaker, I sion of S. 1150 as an unfunded mandate 1 mittee report, they would be used for yield 3 ⁄2 minutes to the gentleman relative to the food stamp program be- some other purpose, maybe for high- from Texas (Mr. STENHOLM), the rank- cause there would be a reduction in ways, maybe for other purposes. Cer- ing member of the Committee on Agri- funding for that program without a tainly there is a great demand for the culture. commensurate reduction in adminis- use of these funds. This in no way is an Mr. STENHOLM. Mr. Speaker, I trative requirements. increase in property taxes, this is in no thank the chairman for yielding me While this determination is tech- way an increase in senior citizens’ time. nically correct for the food stamp pro- costs, in no way. Mr. Speaker, I must say I was re- gram in isolation, the provision is Mr. Speaker, let me also advise my minded of the famous quote of Will drafted to deal with interaction be- colleagues, particularly from these Rogers, when he observed that, ‘‘it tween the two programs. Therefore, States: California, New York, Florida, ain’t people’s ignorance that bothers when the provision in question is ex- Illinois, Maryland, Massachusetts, Ne- me so much, it is them knowing so amined from a broader perspective, it braska, New Jersey, New York, Rhode much that ain’t so is the problem.’’ prevents States from being overfunded Island, Washington, and recently The gentleman from New York is to- due to the combined effects of TANF Texas, that funds are already being tally nonfactual in what he was saying. block grants and the change in the food used, State funds, for the very purposes All States are not affected by this bill. stamp cost allocation methodology. that we talk about here in the bill and States are affected only to the extent It is difficult to see the provision as in the conference committee report re- they charge common AFDC food stamp an unfunded mandate in this light. garding legal aliens’ food stamps. Al- administrative costs, and the only Without S. 1150, CBO estimates pay- ready States are paying, through State States that will be detrimentally af- ments to States for food stamp admin- coffers, for these exact kinds of funds fected are those that have been double- istrative costs will be $2.5 billion more for food stamps for illegal aliens. dipping, and that is something that we than prior to welfare reform. Even with Therefore, the passage of this bill will would not want to see done. enactment of this conference report, relieve States like New York and Texas First, make no mistake about it, a States will receive over $800 million and other States who may choose to vote against consideration of S. 1150 more for administrative costs than substitute the conference committee will kill the bill, and that is what the they were projected to receive prior to report for State funds. gentleman from New York honestly enactment of welfare reform. It makes great sense to pass this. Be- wants to do, is kill this bill. Funding Welfare reform was never intended to lieve me, not addressing the unfunded for crop insurance research and rural allow States free access to the Federal June 4, 1998 CONGRESSIONAL RECORD — HOUSE H4125 Treasury, to double-dip for reimburse- Those are good programs that would lion more than is necessary, then vote ments to carry out these programs. I stand the scrutiny of this House. I am with the gentleman from New York certainly am speaking for the State of not sure that $800 million restoration (Mr. SOLOMON). If it is not and you Texas, who has informed me they sup- of food stamp benefits for legal aliens have a desire to see the bill continue to port what we are attempting to do for would withstand the scrutiny of this move forward, vote on the position of the reason that the gentleman from Or- House if we had a full vote. the gentleman from Oregon (Mr. egon (Chairman SMITH) mentioned a I hope we would sustain the point of SMITH). moment ago. We are one of those order of the gentleman from New York Mr. SOLOMON. Mr. Speaker, I yield 1 States that will, in fact, benefit fairly (Chairman SOLOMON). Let us eliminate minute to the gentleman from Texas from the passage of this act, and dou- the unfunded mandates that are in this (Mr. SAM JOHNSON), one of the most re- ble-dipping or having an unlimited ac- bill. Let us report out the money for spected Members of this body. cess to the Federal Treasury is some- the farmers and the research univer- Mr. SAM JOHNSON of Texas. Mr. thing I believe this body would not sities that needs to be reported and Speaker, you know, it is funny that we want us to do. then work on the food stamp program pass welfare reform and then turn Mr. SOLOMON. Mr. Speaker, I yield as a stand-alone issue. around the next year and destroy it. It myself such time as I may consume. Mr. Speaker, I include the letter is also kind of funny that we have a Mr. Speaker, let me just say to the from Representative Tom Johnson for provision in here that does not address previous speaker, you know, he says, the RECORD. just crop insurance and agricultural re- ‘‘All SOLOMON wants to do is kill the search, which is what we should be ad- NATIONAL CONFERENCE bill.’’ The gentleman from Texas (Mr. OF STATE LEGISLATURES, dressing. Instead, we add to it a bunch STENHOLM) came here when I did 20 Washington, DC, June 4, 1998. of unfunded mandates, which has been years ago. The gentleman knows that I DEAR MEMBER OF CONGRESS: The National admitted by the Committee on Agri- represent an agricultural district in Conference of State Legislatures fully sup- culture chairman, and those same un- this country. We are the 20th largest ports the Rules Committee’s decision to funded mandates that are coming out dairy-producing district in America. allow a point of order on S. 1150, the Agricul- of our hide are going to be asked of the The last thing I want to do is kill this tural Research bill and urges you to support Committee on Ways and Means again, bill. I just want the Federal govern- the point of order when it is raised by Rep- we just learned today, to take another resentatives Rob Portman and Gary Condit. ment to pay for it and not saddle the As reported by the conference committee, $16 billion out of this very same pro- local property taxes with the costs. S. 1150 contains a substantial unfunded man- gram. Mr. Speaker, I yield 2 minutes to the date to states (confirmed repeatedly by CBO) Somewhere, the well runs dry. We distinguished gentleman from Texas that not only violates the Unfunded Mandate have to pay the piper. It is time to (Mr. BARTON) to counter what the Reform Act (UMRA) but breaks the agree- stand on the laws that we passed. It is other gentleman from Texas just said. ment crafted by the Congress and states on time to stand with our welfare reform (Mr. BARTON of Texas asked and Welfare Reform. The proposed offset reduc- and not suck the States into more was given permission to revise and ex- ing the federal reimbursement rate for state spending. tend his remarks.) Food Stamp administration represents a $1.7 Mr. SMITH of Oregon. Mr. Speaker, I Mr. BARTON of Texas. Mr. Speaker, billion cost shift to states without similar yield 1 minute to the gentleman from reduction in programmatic responsibilities I thank the distinguished gentleman required under UMRA. California (Mr. DOOLEY), also a member from New York for yielding me time. The National Conference of State Legisla- of the conference committee. Mr. Speaker, I will enter into the tures has long been supportive of efforts to Mr. DOOLEY of California. Mr. record a letter received by every Mem- restore Food Stamp benefits to legal immi- Speaker, I think every Member has to ber of Congress from the National Con- grants; however, we vehemently oppose the fully understand what would happen if ference of State Legislators, dated funding of these benefits through a reduction you vote with the gentleman from New June 4, 1998, signed by Representative in federal Food Stamp administrative reim- York (Mr. SOLOMON) on this point of Tom Johnson, Ohio House of Rep- bursement to states. It is disingenuous for order. You would ensure that we would resentatives. the Congress to solve one cost shift to states not provide the largest increase in ag- It says, ‘‘As reported by the con- by imposing another. We urge you to support the point of order riculture research which will benefit ference committee, S. 1150 contains a on S. 1150 and look forward to continued U.S. farmers in a generation. You will substantial unfunded mandate to partnership with the Congress in restoring ensure we will not provide the crop in- States, confirmed repeatedly by CBO, Food Stamp benefits to legal immigrants. surance money which is vitally needed that not only violates the Unfunded Sincerely, by a lot of farmers struggling out Mandate Reform Act but breaks the TOM JOHNSON, there. agreement crafted by the Congress and Ohio House of Representatives, Chair, A year ago, we passed welfare reform the States on welfare reform. The pro- NCSL Federal Budget & Taxation Com- by a large bipartisan margin. That wel- posed offset reducing the Federal reim- mittee. fare reform decreased AFDC benefits, bursement rate for State food stamp Mr. SMITH of Oregon. Mr. Speaker, I it decreased food stamp benefits, and it administration represents a $1.7 billion yield 1 minute to the gentleman from was certainly not the intention of cost shift to States without similar re- Texas (Mr. COMBEST). those who supported welfare reform to duction in programmatic responsibil- Mr. COMBEST. Mr. Speaker, I thank increase administrative payments to ities required under the Unfunded Man- the gentleman for yielding me time. the States. date Reform Act.’’ Mr. Speaker, the conference report What we are doing with this legisla- The National Conference of State includes a provision that corrects an tion is ensuring we are going to have a Legislators supports the point of order unintentional consequence in the 1996 commensurate reduction in the admin- of the gentleman from New York (Mr. welfare law reform. That provision istrative costs to the administration of SOLOMON). would have allowed some States to be the welfare programs. This is a sound Mr. Speaker, under the savings that paid twice for the same administrative fiscal approach. The States should not were found in the conference, there costs for determining eligibility for be allowed to double-dip when we are were $2 billion of administrative cost food stamps. That is corrected in the reducing their obligations under our savings found in the overall adminis- conference report. welfare reform policies. tration of the food stamp program. The What we are presented with is a situ- Ensure that we can maintain the ag- conferees allocated $800 million to re- ation in which it is an obvious windfall ricultural research funding. Ensure store benefits for certain categories of extra payment to some States that that we can maintain the crop insur- legal aliens in this country. That is 40 must be corrected. If I were one of ance funding. Vote against the gen- percent of the increase. They did pro- those States or representing one of tleman from New York (Mr. SOLOMON). vide an additional $500 million for crop those States, I would probably like to Mr. SMITH of Oregon. Mr. Speaker, I insurance and $600 million in a new be a part of the recipient of $2.5 billion yield 30 seconds to the gentlewoman program for agricultural research and of Federal money that is not due to from North Carolina (Mrs. CLAYTON), a an additional $100 million for other ag- those States. If in fact that is the de- member of the Committee on Agri- riculture research programs. sire of Members, to give them $2.5 bil- culture. H4126 CONGRESSIONAL RECORD — HOUSE June 4, 1998 Mrs. CLAYTON. Mr. Speaker, I also America and vote no to go forward at Holden McInnis Sanchez want to emphasize the fact that this Hooley McIntyre Sanders this time, and we will take that bill up Horn McKeon Sandlin may be an unfunded mandate in its in a few days when we find a way to le- Houghton McKinney Sawyer technical sense, but you have a way to gitimately pay for it. Hulshof McNulty Schaffer, Bob close this and you also have a way of Mr. Speaker, I yield back the balance Hunter Meehan Schumer Hutchinson Meek (FL) Scott correcting the unintended result. of my time. Hyde Meeks (NY) Serrano Please know when you vote yes for PARLIAMENTARY INQUIRY Jackson (IL) Menendez Shays the gentleman from New York (Mr. Mr. SMITH of Oregon. Point of par- Jackson-Lee Metcalf Sherman (TX) Millender- Shimkus SOLOMON), you vote against agricul- liamentary inquiry, Mr. Speaker. tural research, you vote against crop Jefferson McDonald Sisisky The SPEAKER pro tempore (Mr. Jenkins Miller (CA) Skaggs insurance, and you vote against the op- SUNUNU). The gentleman will state his John Minge Skeen portunity to correct something that we Johnson (CT) Mink Skelton parliamentary inquiry. should not have had in the first place. Johnson (WI) Moakley Slaughter Mr. SMITH of Oregon. Mr. Speaker, I Smith (MI) Plus you do good by allowing legal im- Johnson, E. B. Moran (KS) am attempting to determine how Mem- Kanjorski Morella Smith (NJ) migrants to have food they so des- Smith (OR) bers are going to analyze this vote. Kaptur Murtha perately need, particularly children Kasich Nadler Smith, Adam This is a vote, Mr. Speaker. and senior citizens and the disabled. Kelly Neal Smith, Linda Snowbarger Mr. SMITH of Oregon. Mr. Speaker, I Mr. SOLOMON. Mr. Speaker, regular Kennedy (MA) Nethercutt order here. What is the gentleman Kennedy (RI) Northup Snyder yield myself the final 30 seconds. Souder doing? Kennelly Norwood Mr. Speaker, I would just point out Kildee Nussle Spratt again to Members that this unfunded The SPEAKER pro tempore. The gen- Kilpatrick Oberstar Stabenow tleman will state his point of inquiry. Kim Obey Stark mandate does not impact States be- Stearns Mr. SMITH of Oregon. Is this a vote Kind (WI) Olver cause they are not in a position to use King (NY) Ortiz Stenholm it, as has been indicated by the gen- to proceed? Kleczka Owens Stokes Strickland tleman from Texas (Mr. STENHOLM) and The SPEAKER pro tempore. The Klink Oxley Klug Packard Stupak others. They are in no position to use question before the House is: Will the Talent Knollenberg Pallone House now consider the conference re- Tanner it. It is excess money that will never be Kolbe Parker Tauscher used. port? Kucinich Pascrell Tauzin Here is a chance to reinvigorate agri- The question was taken; and the LaFalce Pastor Thomas LaHood Payne culture, for crop insurance, for re- Speaker pro tempore announced that Thompson Lampson Pease the noes appeared to have it. Thornberry search and for food stamps for legal Lantos Peterson (MN) Thune aliens in this country. Here is our Mr. STENHOLM. Mr. Speaker, I ob- Latham Peterson (PA) Thurman LaTourette Pickering chance to do it. If you vote for the gen- ject to the vote on the ground that a Tierney Lazio Pickett tleman from New York (Mr. SOLOMON), quorum is not present and make the Torres Leach Pitts Towns you lose that opportunity. Please vote point of order that a quorum is not Lee Pomeroy Turner no. present. Levin Portman Upton Lewis (CA) Poshard Mr. SOLOMON. Mr. Speaker, I yield The SPEAKER pro tempore. Evi- Velazquez Lewis (KY) Price (NC) myself the balance of my time. dently, a quorum is not present. Vento Linder Pryce (OH) Visclosky Mr. Speaker, let us clear the record The Sergeant at Arms will notify ab- Lipinski Quinn Walsh here. The worst thing we can do is to LoBiondo Radanovich sent Members. Waters Lofgren Rahall not use accurate figures. In a few min- The vote was taken by electronic de- Watkins Lowey Ramstad utes we are going to take up the budget Watt (NC) vice, and there were—yeas 324, nays 91, Lucas Rangel Watts (OK) for 1999, and I want Members to look at not voting 18, as follows: Luther Redmond Waxman Maloney (CT) Regula it very carefully, because in that budg- [Roll No. 203] Weldon (PA) Maloney (NY) Riggs et we are going to knock off another Weller YEAS—324 Manton Riley Wexler $16 billion out of this same category, Martinez Rivers Abercrombie Camp Emerson Weygand okay? Where is that money coming Mascara Rodriguez Ackerman Campbell Eshoo White Matsui Roemer from? Your State and local govern- Aderholt Canady Etheridge Wicker McCarthy (MO) Rogan ments are going to pick up that. In this Allen Capps Evans Wise McCarthy (NY) Rogers Andrews Cardin Everett Wolf alone, we are talking about $3.6 billion. McCollum Rothman Bachus Carson Ewing Woolsey My good friend from North Carolina, McCrery Roybal-Allard Baesler Castle Farr Wynn McDermott Rush and I have great respect for her, she Baker Chambliss Fattah Young (AK) says that this is a vote against crop in- Baldacci Christensen Fazio McGovern Ryun Ballenger Clay Filner McHale Sabo surance and ag research. Let me tell Barcia Clayton Foley Members what a no vote does here Barrett (NE) Clement Forbes NAYS—91 Barrett (WI) right now. A no vote is to not go for- Clyburn Ford Archer Fawell Neumann Bateman Combest Fox ward; and if we carry the no vote, it Armey Fossella Pappas Becerra Conyers Franks (NJ) Barr Fowler Paul means that the bill rests on the cal- Bentsen Cook Frelinghuysen Bartlett Gallegly Bereuter Paxon endar until we find a better way to pay Cooksey Frost Barton Gibbons Berman Petri for it and not mandate this expense on Costello Ganske Bass Gillmor Berry Pombo Cox Gejdenson Bilbray Gilman your counties and towns and cities and Bishop Porter Coyne Gekas Bilirakis Goode villages. Blagojevich Rohrabacher Cramer Gephardt Bliley Goodlatte Blumenauer Roukema b Cummings Gilchrest Bryant Goss 1945 Blunt Royce Danner Goodling Cannon Greenwood Boehlert We have until June 30 to solve the Davis (FL) Gordon Chabot Hastert Salmon Boehner crop insurance program. Nothing is in Davis (IL) Graham Chenoweth Hastings (WA) Sanford Bonilla Davis (VA) Granger Coble Hefley Saxton danger. We have got another 3 weeks Bonior DeFazio Green Coburn Herger Scarborough Bono here. DeGette Gutierrez Collins Hinchey Schaefer, Dan Borski So I ask you to vote ‘‘no’’ so that it Delahunt Gutknecht Condit Hostettler Sensenbrenner Boswell DeLauro Hall (OH) Crane Inglis Sessions stays on the calendar so we have time Boucher Deutsch Hall (TX) Crapo Istook Shadegg to come here with a manager’s amend- Boyd Diaz-Balart Hamilton Cubin Johnson, Sam Shaw Brady (PA) Dickey Hansen ment from my very good friend, the Cunningham Jones Shuster Brady (TX) Dicks Hastings (FL) gentleman from Oregon (Mr. SMITH), Deal Kingston Smith (TX) Brown (CA) Dingell Hayworth DeLay Largent who is articulate and very innovative Brown (FL) Solomon Dixon Hefner Doolittle Livingston Brown (OH) Spence about finding ways to pay for things, Doggett Hill Dreier Manzullo Bunning Stump and we will pay for this and not man- Dooley Hilleary Duncan McHugh Burton Sununu Doyle Hilliard Ehrlich McIntosh date it on local governments. Buyer Taylor (MS) Dunn Hinojosa English Mica Having said that, Mr. Speaker, you Callahan Taylor (NC) Edwards Hobson Ensign Miller (FL) all should vote for every homeowner in Calvert Ehlers Hoekstra June 4, 1998 CONGRESSIONAL RECORD — HOUSE H4127 Tiahrt Wamp Whitfield Of course, there is a $100 million pro- under the age of 18, living in this coun- Traficant Weldon (FL) Young (FL) gram for rural development, which all try since before August 22nd of 1996. All NOT VOTING—18 of us in rural areas of America would of these people must have lived here Burr Hoyer Myrick support, as well as the food stamp before August 22, 1996. Engel Lewis (GA) Ney money, which is $800 million, to com- We invited them here. They are legal; Frank (MA) Markey Pelosi not citizens, but they are legal aliens. Furse McDade Reyes pose totally the so-called unfunded Gonzalez Mollohan Ros-Lehtinen mandate which we just discussed, of We have invited them to this country. Harman Moran (VA) Yates about $2 billion. b 2015 The urgency of the conference com- b 2005 And if, for a small time, it is our re- mittee report, Mr. Speaker, is simply, Messrs. ARMEY, CRAPO, DREIER, sponsibility to help them with food as I mentioned, that we must provide a WAMP, GILLMOR, PORTER, stamps, it is my belief we ought to do solid program for crop insurance. Risk BILBRAY, INGLIS of South Carolina, that. management is an essential part of the and EHRLICH changed their votes Mr. Speaker, this is the most impor- future of agriculture, as is research. So from ‘‘yea’’ to ‘‘nay.’’ tant agricultural issue and bill that So the question of consideration was those two factors are addressed di- Members will vote on in this session of decided in the affirmative. rectly in this conference committee re- Congress, without question. This is a The result of the vote was announced port. huge advance for agriculture produc- as above recorded. We have not only provided for crop tion in America, and it is a huge ad- The SPEAKER pro tempore (Mr. insurance, but through innovative vance for agricultural people and farm- SUNUNU). Pursuant to the rule, the con- management we have reduced the cost ers. ference report is considered as having to taxpayers of some $500 million, so Mr. Speaker, I reserve the balance of been read. the passage of this research bill will es- my time. (For conference report and statement sentially provide a savings of some $500 Mr. STENHOLM. Mr. Speaker, I yield see proceedings of the House of million in crop insurance itself. As I myself 4 minutes. Wednesday, April 22, 1998, at page mentioned, the whole program for crop Mr. Speaker, I rise in strong support H2171.) insurance is now $500 million. of this conference report, and I want to The SPEAKER pro tempore. The gen- The conference committee report was begin by acknowledging and thanking tleman from Oregon (Mr. SMITH) and carefully balanced to offset further re- the gentleman from Oregon (Chairman the gentleman from Texas (Mr. STEN- ductions in excess food stamp spending, SMITH), the gentleman from Texas (Mr. HOLM) each will control 30 minutes. and represents, and I want to underline COMBEST), the gentleman from Ne- The Chair recognizes the gentleman this, represents no net increase in braska (Mr. BARRETT), and the gen- from Oregon (Mr. SMITH). spending. So if budgeteers are listen- tleman from California (Mr. DOOLEY) Mr. SMITH of Oregon. Mr. Speaker, I ing, there is no net increase in spend- for their work on the conference that yield myself such time as I may con- ing. The conference committee accom- brings us this report tonight, a result sume. plished the most substantive reforms of months of hard work by Members on Mr. Speaker, I rise today in support to our agricultural research infrastruc- both sides of the aisle. of the conference committee report on ture in more than 20 years. Mr. Speaker, a number of significant S. 1150. If there is another part of the respon- differences between the House and the Mr. Speaker, first I want to thank sibility of government besides risk Senate bill had to be reconciled during members of the conference committee management, it is certainly research, conference. I believe the legislation we who were responsible for bringing this because those of us who have found bring now is a fair and balanced com- issue to us after long and deliberate that it is the responsibility of govern- promise among those competing prior- discussion, dating back to last year, in ment to provide help in research know ities. fact, with the gentleman from Texas that is the underpinning of a huge agri- This legislation provides for a num- (Mr. STENHOLM) and the Committee on cultural export program for this coun- ber of improvements in our system to Agriculture discussions on this very try. We export almost $60 billion, Mr. conduct and deliver information from issue, but especially the gentleman Speaker, of agricultural commodities federally funded agricultural research. from Texas (Mr. COMBEST) and the gen- to foreign countries. The reason we do It increases producer input into the re- tleman from Nebraska (Mr. BARRETT) that is because we are the most com- search process and authorizes research who served with us, and the gentleman petitive Nation in the world, bar none, in several new and important areas from Texas (Mr. STENHOLM) and the in the production of foods and fiber. such as nutrient management, food gentleman from California (Mr. That is why we can be competitive in safety, and crop diversification. DOOLEY), who with myself made up the the world, and it is the result of re- In addition, this conference report House side of the conference commit- search that has been successfully done reprioritizes the spending which falls tee. in the past. under the jurisdiction of the Commit- I want to say first, Mr. Speaker, that Let me give some examples. For in- tee on Agriculture to provide critically this is a transfer of spending, as most stance, one that most of us know needed resources to a number of impor- Members understand, mandatory about, I know more, from Oregon now, tant national priorities. By limiting spending to mandatory spending. We than I did before, having traveled to the States’s ability to shift administra- have rearranged the priorities here, Georgia, but the whole question of the tive cost to the Federal Government, and we have rearranged them in a way boll weevil, the control of the boll wee- this legislation prevents States from which we think is most beneficial to vil has restored cotton production to circumventing welfare reform while at agriculture, but certainly takes into much of the South, a huge break- the same time providing necessary consideration food stamps to legal through for agriculture in America. funding for agricultural research, crop aliens as well. The genetically modified organisms insurance, rural development and nu- In fact, as some have already identi- that we have heard about, BT corn, trition programs. fied, the Members’ conference commit- Roundup Ready soybeans, the increase Despite the fact that this bill results tee is bringing to them a bill which in grain crop production and yields, the in a $1.2 billion reduction in Federal provides for $600 million of research protections for food safety, all are part spending for food stamps, S. 1150 has money, which we think is the backbone of this research program, of which we still won support from nutrition advo- of the future of agriculture. We know it are quite proud. cates. This legislation enjoys broad is imperative that we pass crop insur- Yes, it does include some money for support because it reprioritizes spend- ance, and finally we have a 5-year pro- legal aliens coming into this country. ing in the food stamp program to pro- gram, mandatory spending at $500 mil- Listen to who they are, please: the el- vide needed benefits for those who can- lion for crop insurance, which again is derly, over 65, living in this country not move to self-sufficiency as envi- going to be used, by the way, by the since August 22, 1996; the disabled, sioned by the recent welfare reform, end of this month, and therefore it is legal noncitizens, living in this country such as the elderly, disabled, and chil- essential that we act, and act today. since August 22, 1996; and children dren. And for those refugees and H4128 CONGRESSIONAL RECORD — HOUSE June 4, 1998 asylees who are fleeing political and Extension and Education Reform Act Mr. STENHOLM. Mr. Speaker, I yield religious persecution, it provides a re- of 1998. Initially, I would like to join 2 minutes to the gentleman from Cali- alistic time frame to make application with Chairman SMITH in also thanking fornia (Mr. FARR). for United States citizenship. him but also thank our colleagues, the (Mr. FARR of California asked and In addition, this bill fulfills a com- gentleman from Texas (Mr. STENHOLM), was given permission to revise and ex- mitment made by our government dur- the gentleman from California (Mr. tend his remarks.) ing the Vietnam war to some unfamil- DOOLEY), and the gentleman from Ne- Mr. FARR of California. Mr. Speaker, iar people, the Hmongs and the High- braska (Mr. BARRETT) for their hard today we have an opportunity to pass land Laotians who assisted our mili- work and cooperation in bringing the bipartisan legislation built by broad tary during the Vietnam era. As a re- conference report to the floor. coalition. This should have been a no- sult of providing assistance to our mili- This has been a bipartisan effort brainer, but, once again, the House tary, these people suffered terribly at from the start, and it represents a lot leadership decided to attack the most the hands of Communists. By support- of hard work on the part of a lot of vulnerable of our society. I commend ing this legislation, we can provide as- Members. Agricultural research has my colleagues for their strong vote on sistance to those who fought so bravely brought us a multitude of results, from opposing the previous rule on May 22 for us. the mass production of penicillin to the and ask them to join me in supporting S. 1150 will provide funding certainty sixfold increase in today’s agricultural this bipartisan legislation. for the crop insurance program. Farm- productivity. For American agriculture Mr. Speaker, I rise in strong support ers will no longer have to worry if crop to continue to be profitable and com- of S. 1150, the Agricultural Research, insurance will be delivered, nor will petitive in the global economy, it is Extension and Education Reform Act, bankers who require it. But although critical that we maintain strong agri- and I would like to thank the hard S. 1150 provides this certainty, make cultural research programs. work of the gentleman from Oregon no mistake about it; much more needs As chairman of the subcommittee (Mr. SMITH), our chairman; the gen- to be done. We must continue to search with jurisdiction over ag research, I tleman from Texas (Mr. COMBEST); the gentleman from California (Mr. for new and innovative ways to im- presided over four hearings which pro- DOOLEY); and the gentleman from prove the program in order to provide vided the basis for crafting this bill. We Texas (Mr. STENHOLM); along with their meaningful risk management for our worked diligently to improve upon the staff, for crafting this legislation that farmers. structure of research education and ex- is so important to the central coast of In terms of budget discipline, S. 1150 tension. We increase competition and California and to the rest of the Na- is a perfect example of what balancing maximize the research by leveraging private dollars with limited Federal tion. the budget is all about. Unlike other The farmers in my district are the bills recently considered which provide funds. As we know, this conference report most productive specialty crop growers no offsetting reductions in spending, contains several provisions which were in the world. They produce over $2.2 this bill will not result in increased not in the House research bill. S. 1150 is billion worth of fresh fruits, vegeta- government expenditures as was stated the product of some very tough nego- bles, and horticultural crops each year. by the gentleman from Oregon (Chair- tiations in conference. In the end, we I represent the ‘‘Salad Bowl’’ of the man SMITH). I underline that. We do meet our responsibilities to the truly country. The agriculture industry is not balance the budget by creating new needy, to the farmers who feed them the backbone of the communities in spending but by redirecting existing re- and the researchers and crops insurers my district, and they do this without sources to needed areas. who support them; and we do this by Federal price supports. Mr. Speaker, this legislation simply putting unspent Ag Department funds In this highly competitive field of ag- reprioritizes existing funds from within to work. riculture, research is one of the few the agriculture function. From my per- The funding for food stamps is lim- ways that the Federal Government can spective, that is the very definition of ited primarily to the truly needed help my farmers. The new money in budget discipline. among immigrants who legally entered the Initiative for Future Agriculture This bill does not create unlimited this country prior to the 1996 welfare and Food Systems will jump-start our spending but limits it by closing a reform. Children, the elderly, and the efforts on emerging technologies as loophole that the States could use to disabled will be included in the cov- farming moves into the 21st century. shift costs to the Federal Government, erage. Let me stress, no food stamps The partnerships for high-value agri- costs that were funded as a result of will be given to new immigrants, only culture product quality research will welfare reform. We are simply looking to needy immigrants legally here on or give farmers and researchers the abil- at agriculture, rural development, and before August 22, 1996. ity to work in conjunction with each nutritional needs and reprioritizing our This is by no means a wholesale re- other to address a wide range of oppor- existing resources to address current peal of the provisions of welfare re- tunities facing the research commu- problems. form. Those who can and should work nity, including production, packaging If we are going to successfully ad- will still be required to do so. No immi- technology, and value-added enter- dress problem areas, our programs can- grant who came here after August 22, prises in rural areas. not remain static. With limited re- 1996, will be able to receive food Mr. Speaker, the bill contains for the sources we have to have the ability to stamps. first time an initiative for organic address issues as they arise. The funding for the crop insurance farming and will help this niche mar- So if Members care about agricul- program and ag research programs ful- ket continue to grow. We have barely tural research, if they care with rural fill a commitment that the last Con- begun to tap the full potential of or- communities, if they want to save gress made to our farmers and ranch- ganic farming systems today. This ini- farmers’ crop insurance, if they are ers. With the passage of the 1996 farm tiative will provide competitive grants concerned about reducing hunger in bill, Congress reduced the direct pay- to facilitate the development of or- America, I urge them to support pas- ments farmers have historically re- ganic agriculture production, process- sage of this conference report. It is a ceived to offset the natural risk of ing, and potential economic benefits responsible and balanced piece of legis- farming. In return, Congress promised associated with both domestic and for- lation. to provide better risk management, eign markets. Mr. SMITH of Oregon. Mr. Speaker, I production and marketing tools to Lastly, I think we have an obligation yield 5 minutes to the gentleman from maintain farmers’ competitive advan- to provide food assistance to whose to Texas (Mr. COMBEST). tages in the global market. fell through the cracks when we re- Mr. COMBEST. Mr. Speaker, I thank Mr. Speaker, passage of this con- stored the SSI benefits to the elderly the gentleman from Oregon (Mr. ference report is critical to America’s and disabled last year. This conference SMITH) for yielding me this time. farmers and ranchers. They deserve our report restores the nutritional safety Mr. Speaker, I would like to again re- support. I commend this to our col- net for 250,000 legal immigrant adults emphasize the title of this conference leagues, and I would urge them to sup- and children who were indiscriminately report as the Agricultural Research port this conference report. cut off from the food stamp rolls. June 4, 1998 CONGRESSIONAL RECORD — HOUSE H4129 Mr. SMITH of Oregon. Mr. Speaker, I think there are times when one has to American farmers are to compete in yield myself 30 seconds. swallow the good with the bad; and I the world of free trade, the commit- Mr. Speaker, I want to make sure think this is one of those times, Mr. ment that we made in the Freedom to that this debate is based upon the man- Speaker. And in this case, I think the Farm Act must be provided. This is a ner in which this bill was brought to good far outweighs the bad. step in that direction. Crop insurance, the floor, that is, with respect and re- Congress is about compromise. We research, these are very important ele- straint. Now, the facts are that if it come from all parts of the country. We ments of keeping the Freedom to Farm were not for the leadership, this bill have widely divergent political and ide- movement going in America. would not be on the floor. And I will ological backgrounds, but we are here In my part of the country the corn is say that one more time. If it were not to achieve the best we can for this up, the beans are in the field, and the for the leadership, this bill would not country. This conference report is the wheat is green, and it is time that we be on the floor. best thing that we could do for agri- give them their crop insurance pro- So from this point on, I hope that culture right now, and we need Mem- gram and let them know what it is so this discussion continues on a biparti- bers’ support. they can move ahead. san basis, because that is the only way Mr. Speaker, I strongly encourage all This bill also creates some exciting this bill will pass. of my colleagues to support the bill. new research opportunities, improving Mr. Speaker, I yield 3 minutes to the Mr. STENHOLM. Mr. Speaker, I yield the productivity and efficiency and gentleman from Nebraska (Mr. BAR- 1 minute to the gentlewoman from generating, I think, a better environ- RETT). Michigan (Ms. STABENOW). ment, higher quality air and safer and Mr. BARRETT of Nebraska. Mr. more affordable food products for b 2030 Speaker, I, of course, rise to urge the American consumers. This legislation adoption of the conference report, S. Ms. STABENOW. Mr. Speaker, I rise also establishes an animal waste man- 1150, and am very pleased, incidentally, tonight to strongly support the con- agement research initiative, something to see the House is considering this bill ference committee for agricultural re- we hear so much about today when we this evening. search and to first commend our chair- talk about confinement livestock oper- The Federal Government’s invest- man and ranking member, as well as ations. ment in research, except for agricul- the Chair and ranking member of the Mr. Speaker, this is an excellent bill. tural research, has increased dramati- subcommittee who have worked so It is time that we move on. Parts of it cally over the last several years. The hard. are very time sensitive, particularly reality is that spending on ag research This is truly a bipartisan bill. It is the crop insurance portion. I hope that has barely kept up with the rate of in- good for production agriculture and it we will give this a resounding ‘‘yes’’ flation. As a matter of fact, this is the is good for families in Michigan. It is vote tonight. Again, my thanks to the first time that agricultural research good for families across the country. chairman and all on the conference has been seriously reevaluated in about We have heard tonight about the im- committee. 25 years. This bill would correct that portant need for crop insurance, criti- Mr. STENHOLM. Mr. Speaker, I yield situation and provide a total of, as has cal agricultural research, food and nu- 2 minutes to the gentleman from North Carolina (Mr. ETHERIDGE). been mentioned, $600 million over 5 trition programs, and I want to speak Mr. ETHERIDGE. Mr. Speaker, I years to boost research for agriculture. just a moment about food safety. thank the ranking member for yielding Today, we are at a critical juncture. My good friend, the gentleman from time to me. Let me also congratulate The 1996 farm bill charted the course Missouri (Mr. BLUNT) and I introduced the chairman and the gentleman from for a free market in agriculture. Unfor- a safe food action plan just a number of Texas (Mr. STENHOLM) and other mem- tunately, this year we are experiencing months ago. Two critical provisions of bers of the committee for bringing this that are in this legislation: making for the first time since passage of that conference report to us. I commend the food safety a top priority for research, bill a depressed market for agriculture. Republican leadership for bringing this and creating a crisis management team If Congress does not resist the call to report to the floor. open the farm bill, we could end up se- to respond in the case of an emergency I hope we now realize it is time to riously distorting our markets, revers- in a very rapid fashion. Today also at stop balancing the budget on the backs ing a positive trend toward a free mar- Michigan State University, where we of farmers. Farmers have taken it on ket in agriculture and losing credibil- have a national food safety and toxi- the chin, and it is time that we show ity with many of our trading partners. cology program, we are doing a two- our support for the people who risk so Agriculture research can help this day national research institution con- much to produce the safest, most abun- situation. It could help with the de- ference to focus on risk factors for food dant food supply in the world. pressed prices by developing new uses safety. Today’s action could not come This conference report passed the and markets for our products and at a better time. Senate by 92 to 8. We should pass it in through teaching programs that help Mr. SMITH of Oregon. Mr. Speaker, I a similar margin in the House. Nothing farmers and ranchers learn new mar- yield 3 minutes to the gentleman from could have highlighted more the sup- keting techniques. Illinois (Mr. EWING), a member of the port for this bill than our failure to Congress’ support for this bill gives committee. pass it prior to the Memorial Day re- agriculture a confidence boost. Farm- Mr. EWING. Mr. Speaker, I thank the cess. I certainly heard about it. I am ers and the industry will know that gentleman for yielding me the time. I sure others did. Congress is interested in agriculture thank all on the conference committee Americans want to support their and will support it in the future, even for the hard work on this important farmers. Americans want farm commu- if we do not support it in the old way bill, S. 1150, the Agricultural Research, nities to be made whole after a disas- with subsidies and acreage controls. Extension and Education Reform Act ter. Americans want research reform This new way is much more positive. of 1998. that will make our food cheaper and We support research, new and expanded This is the first comprehensive over- safer. Americans want research reform markets for our products, and less re- haul of agricultural research programs that makes production agriculture en- strictions on private land. in over 20 years. This is quite an im- vironmentally friendly, and Americans Let me say a few words to my friends pressive accomplishment. It provides want this bill passed. who are opposed to the bill because it $600 million over the next five years for The most important part of this leg- restores food stamps to some legal im- research. This conference report funds islation or at least one of the more im- migrants. I understand the controversy important agricultural research pro- portant ones, in my opinion, is the pro- that this creates for many. I have the grams, vital crop insurance, rural de- vision on crop insurance. With the tra- same concerns. I supported welfare re- velopment programs, and restores food ditional safety net for farmers dis- form in 1996. I believe, however, that stamps for some legal aliens. appearing, crop insurance is the one the Congress can do more to further re- S. 1150 is fully offset from savings barrier to ruin for farm families from duce the dependence on and the size from food stamp programs. There is no natural disaster. Maybe the only one and the cost of government. However, I budget impact with this legislation. If left. H4130 CONGRESSIONAL RECORD — HOUSE June 4, 1998 In North Carolina farmers have been what his father was able to produce. Mr. SMITH of Oregon. Mr. Speaker, I faced with two hurricane seasons in a That is why we have to have research. yield 2 minutes to the gentleman from row. Without a healthy insurance sys- Mr. Speaker, I thank the gentleman Illinois (Mr. LAHOOD). tem in place, many farmers in these very much for this very positive bill, (Mr. LAHOOD asked and was given communities would have been ruined. and I urge its passage. permission to revise and extend his re- This is a good bill for farmers in their Mr. STENHOLM. Mr. Speaker, I yield marks.) communities, which means it is a good 2 minutes and 30 seconds to the gen- Mr. LAHOOD. Mr. Speaker, notwith- bill for all Americans. tleman from Minnesota (Mr. MINGE). standing the assault two weeks in a I urge Members to cast their votes in Mr. MINGE. Mr. Speaker, the bill row by the chairman of the Committee favor of these hard-working Americans that is before us this evening is truly on Rules, I am glad that we are finally and the programs that they depend on. one that is supported on a bipartisan at the point where we can pass in a Vote ‘‘yes’’ on the conference report. basis, as is evident in the discussion. very bipartisan way this bill. I think Mr. SMITH of Oregon. Mr. Speaker, I But I think that it needs to be said some of us who have worked for the yield 2 minutes to the gentleman from that we have gone through a fair last year and a half in many ways dis- Georgia (Mr. CHAMBLISS). amount of turmoil in this body as we like the tactics that were used to as- Mr. CHAMBLISS. Mr. Speaker, I rise have discussed agricultural policy, and sault a bill that was passed in a very in strong support of this conference re- there is not unanimity as to the wis- bipartisan way. I am glad that we are port. I would like to take a moment to dom or the effectiveness of the farm at the point now that I am sure it will congratulate the gentleman from Or- bill under which we are operating. pass overwhelmingly. egon (Mr. SMITH) and the gentleman Agriculture in many areas of this I give a good amount of credit to the from Texas (Mr. STENHOLM), the gen- country is in severe economic distress. gentleman from Texas (Mr. COMBEST) The bankers in my area tell me that we tleman from Texas (Mr. COMBEST) and and the gentleman from California (Mr. the gentleman from California (Mr. have more farmers that are facing fore- DOOLEY) for the many hearings that closure or forced exit from farming DOOLEY) for the great job they did in they held, for wanting to reach out to putting this ag bill together. than we have had since the mid-1980s, every Member that had any interest in In 1996 we passed a farm bill that is a and the condition of the farm economy agriculture to say, give us good infor- very historic farm bill, a farm bill that rivals what we saw in the farm depres- mation and we will put a bill together. is a 7-year bill instead of the normal 5- sion of the mid-1980s. The farm bill, by And they did that. And to the gen- year bill, a farm bill that participated transferring billions of dollars in auto- tleman from Oregon (Mr. SMITH) and in the balanced budget process, a farm matic transition payments, is not truly the gentleman from Texas (Mr. STEN- bill that moves agriculture into the addressing the needs that many of HOLM), our thanks to them, too. 21st century, and a farm bill that gets these farmers face. For me personally, I have one of the What I feel is good news is that the four ag research labs in my home town the Federal Government off the farm bill that we are taking up this evening of Peoria. This bill means an awful lot. and allows our farmers to do what they indeed does. I believe that agricultural For agriculture it is just not growing do best and grow the very finest agri- research is something that has paid corn and soybeans. Research is the fu- culture products of anybody in the rich dividends to the American con- ture of agriculture well into the 21st world. In that farm bill we phase out sumer and to the American farmer, and century. That is why this bill is impor- commodity support prices over that 7- investing in this area is one of the key tant, because what happens in these ag year period. investments that we should make in research labs and what happens at the The Federal Government has got to this Nation. Agricultural research is University of Illinois in Champaign, Il- stay involved in agriculture in three every bit as important as scientific re- linois as a result of this bill means that areas: Number one, we have got to stay search, medical research and other re- corn farmers and soybean farmers and involved from a market standpoint. We search. people that grow commodities and have got to move forward to continue The crop insurance program simi- crops all over this country will have to open markets for our agriculture larly pays rich dividends because what the advantage of the best research any- products. we are doing is, we are giving farmers where in the world. I am delighted to Secondly, we have to provide a safety a better tool with which to manage have played a very small part in that. net, a safety net in the form of a good their risks. This is not from my per- In addition, this bill contains an op- substantive crop insurance program. spective a safety net or a welfare pro- portunity for those of us who live in Thirdly, the Federal Government has gram for farmers. This is a tool to States where these megahog farm oper- got to stay involved in the area of re- manage risk. What we are doing is ations are beginning to crop up all over search. making sure that we are handling at to really do some swine odor research Why do we need crop insurance? The the Federal level the overhead or the over the next four or five years, to year 1997 was a disastrous one in my administrative cost of the insurance really try and go after the problem section of the country from an ag per- program and the farmers are paying for that has been created by megahog op- spective. Going into July we had the the underwriting cost or the risk ele- erations not just in Illinois but in most beautiful crops we had ever had ment of the program. other parts of the country. I know that and then the rain stopped. We had 60 They choose what level of coverage Members grin and smile when we talk days of drought, when yields started they wish. I believe one of the more ex- about swine odor research but if they decreasing and the sun took its toll. citing opportunities is to move ahead have one of these megahog operations Then the rain started again in Septem- with what is called crop revenue insur- crop up in one of their communities, ber and El Nino brought rains into Feb- ance, and this would enable farmers to they know it is a very serious problem. ruary and March, and our farmers were not just look at the problems of crop This bill also helps address that. unable to get their crops out of the failure but also of marketplace failure; So for the future of agriculture, for field. Crop insurance is extremely im- that is, where prices are too low. I hope the future of research in agriculture, I portant to farmers who are faced with that the U.S. Department of Agri- ask everyone in the House to support that problem. culture uses the authority that it has the bill. Why do we need research? My son-in- and the funds that are now available Mr. STENHOLM. Mr. Speaker, I yield law is a farmer. Joe is living the Amer- through this bill to expand the revenue 3 minutes to the gentlewoman from ican dream of coming back home and assurance program throughout the North Carolina (Mrs. CLAYTON). farming with his father. But Joe is country. Mrs. CLAYTON. Mr. Speaker, I only able to do that because through Mr. Speaker, I believe that this in- thank the gentleman for yielding me research we are now planting seeds in deed is an historic occasion this the time. the ground every day that are more re- evening, that we are operating on such I too want to join and commend the sistant from a disease standpoint than a bipartisan basis in a body that often leadership on both sides of the House what his father planted, and we are is fractured by partisan rhetoric. I look for bringing this bill to this point and also providing seeds that yield higher forward to quick passage of this meas- hope that the delicate, carefully craft- yields and better quality yields than ure. ed, bipartisan compromise conference June 4, 1998 CONGRESSIONAL RECORD — HOUSE H4131 report is indeed overwhelmingly sup- Mr. Speaker, I urge all of my col- reason American agriculture is even re- ported. Members should know that it leagues to support this much needed motely profitable today to the extent provides vital funding for agriculture and very well crafted report. it is, and many would argue when you research, education and extension pro- Mr. SMITH of Oregon. Mr. Speaker, I have prices below the cost of produc- grams, as well as the restoration of yield 2 minutes to the gentleman from tion that it is even the least bit profit- food stamps benefits and much-needed Oklahoma (Mr. LUCAS). able, but the reason it is is because of crop insurance. Mr. LUCAS of Oklahoma. Mr. Speak- the technological breakthroughs that er, I rise to support the conference we have seen in the past few years. We b 2045 committee report. It has not been all have become much more efficient. We This legislation is also critical as it that long ago that we passed the 1996 have got a lot better yields on a lot addresses badly needed funding for crop farm bill, the most dramatic 7-year less farmable land. If American agri- insurance for particular farmers and farm bill in the history of agriculture. culture is going to be profitable and for those who have suffered disasters in At the time that we passed the bill, a continue to be profitable in the future, years past. majority of the Members of this body we are going to have to make the in- These moneys will be used for Fed- supported it, the leadership of this vestment in research and development. eral crop insurance research. The mon- body supported it, the other body sup- Agriculture is a tough business under eys will be used for production liability ported it by voting for it, and by his even the best of conditions. We have an and limiting of a farmer’s risk due to signature the President showed his opportunity today to say something natural disasters beyond their control. support. that is very positive to producers of I am pleased that the conference re- What was one of the main points that this country, and, that is, that we want port continues to recognize the need we made in the 1996 farm bill? We said, to work with you in making this crop for research along with the need for ‘‘Farmers, go forth and farm for the insurance program workable so that water and sewage on this rural develop- market and we will help provide you you have a tool whereby you can man- ment program. with the tools that you need.’’ age your risk, and, secondly, we are This agreement continues the edu- Today, Mr. Speaker, we have a won- going to invest in research, so as we cation, research and extension pro- derful opportunity to help provide head into the next century that agri- grams that are so vital at our county those tools. This bill provides addi- culture continue to lead the way and level. They also provide essential fund- tional resources for agricultural re- our producers can be the most efficient ing for the entire agriculture commu- search to the tune of $600 million, a in the world and our consumers can nity, providing new research initiatives commitment that the Federal Govern- continue to benefit from the lowest and priorities, including Pfisteria, a ment has been involved in for 130 years prices for food. This is a very impor- microorganism that has plagued much that has benefited not only farmers tant step in that direction. of our waters in North Carolina, cre- and ranchers but the American con- Again, I thank the leadership and the ation of consistent funding standards sumer, as well as crop insurance, al- chairman for his hard work, diligence that all the universities will know how most $400 million to make that pro- and persistence in bringing this bill to to have access to the funding, and bet- gram work, to make those resources the floor and would urge my colleagues ter funding and better accountability maximize themselves. to support the conference report. for these funds. The amazing thing is, this is funds Mr. SMITH of Oregon. Mr. Speaker, I It also furnishes integral funding for that the committee in effect made de- yield 2 minutes to the gentleman from land grant universities, including his- cisions that were saved, the money was Montana (Mr. HILL). Mr. HILL. Mr. Speaker, I thank the torically black colleges and univer- saved in other areas and then spent in sities, oftentimes who need these re- gentleman for yielding me this time. these areas. The best of all worlds. We Mr. Speaker, I rise in strong support search funds to further their education live up to our commitments, we use the of the agriculture research conference research activities. It also provides resources that we have more efficiently report. As my colleagues know, the much needed funds for Hispanic-serving allocated, and we have done what we United States has led the world in agri- institutions as well. said we would do. I thank the chairman cultural production. We have the best Finally, I want to express my heart- for the opportunity to support this producers in the world. We can com- felt appreciation and profound support conference committee report. pete on a level playing field with any- for the restoration of food stamp bene- Mr. SMITH of Oregon. Mr. Speaker, I one, any producer, anywhere in the fits for legal immigrants. The food yield 2 minutes to the gentleman from world. stamp restoration program has caused South Dakota (Mr. THUNE). Right now things are not very good a lot of discussion, but this conference Mr. THUNE. Mr. Speaker, I want to on the northern plains. We have dry report, I think, targets this to the most thank the gentleman for yielding me conditions, we have trade imbalances, vulnerable of our legal immigrants, the this time and for all the good work of market failures, and it has created a elderly, the disabled, children, refu- the leadership on this committee and lot of problems for producers on the gees, those who often come to this the leadership of the House in bringing northern plains. This bill does not ad- country with very little, those who this bill to the floor. dress all those problems, but it does have come to our country who were A couple of years ago we did away deal with one, and that is the insur- veterans, who fought alongside other with production controls and supply ance program for our drought condi- veterans in the U.S. military forces in management and price supports and de- tions. But we cannot continue to com- Vietnam. They were eligible for food ficiency payments and all those things pete unless we have research and an in- stamps prior to the Welfare Reform that have marked our farm policy for a vestment in research, because it is re- Act of 1996. When we changed the rule, lot of years. In doing so, we said to the search that increases the productivity we really denied these persons who American agricultural producer that of our farms and ranches, it is how we needed these benefits. I am pleased we want you to make your living at lower costs, and it is how we increase that we are doing the right thing by re- the marketplace. But we did not give yields. Frankly it is how we feed Amer- storing that. them very many tools with which to ica and it is how we feed the world and I represent a rural district where the manage their risk. Crop insurance is it is why Americans enjoy the highest need for Federal crop insurance is very really the only thing that they have living standard in the world. great and very much appreciated. 1996 out there to do that. We have the op- When the last Congress asked U.S. demonstrated not only our need but portunity here today to cure this an- farmers to compete in the world mar- also our utilization of this. I am nual crisis that we have over the fund- kets, we said that we would help them pleased that we are restoring that ing mechanism for crop insurance. This manage risk with a better insurance today. is very important for that reason. program and assure our commitment The importance, the urgency and the The second thing that is important is to an effective crop insurance program. fairness of this conference report both because this legislation provides a This bill delivers on that promise. We by the producers and the consumers of mechanism whereby researchers can also said that we would invest in re- agriculture products is paramount. compete for ag research funding. The search so that we could assure our H4132 CONGRESSIONAL RECORD — HOUSE June 4, 1998 long-term competitiveness. This con- our country and provide farmers with HOLM) and his great statement about ference report delivers on that promise the tools that they will need to be com- our staff, on both sides. They have as well. petitive in this international market- worked arduously and well together. Mr. Speaker, my State leads in agri- place into the next century. Members would be surprised how close- cultural research. At Montana State Specifically, the conference report ly we work. I think they would be University, we have research with re- requires a competitive process for proud, as I am, this evening, proud of gard to different grains. At our Agri- high-priority research projects and re- the conduct of this debate, and the peo- cultural Research Station at Sidney, quires a match for those projects. The ple who are in it, because we who rep- we are dealing with pest management. conference report does not contain any resent agriculture represent farmers. At Fort Keogh, we are dealing with in- earmarked projects for specific States We do not represent anybody else, not creased production for people in the or specific universities, and I also huge companies, not foreign interests. livestock industry. It is research that think that the peer review and merit We represent farmers. I think that is has increased our production, it is re- review provisions will improve the the reason that we can find ways to ac- search that will improve our environ- quality of research conducted at commodate one another’s issues and ment, and it is research that will de- USDA. accommodate one another’s ideas. liver on our standard of living for all The most exciting provision of the I am especially proud to bring this Americans. I urge all my colleagues to bill is the establishment of the Initia- conference committee report to my support the conference report. tive for Future Agriculture and Food colleagues. I might say to them that it Mr. STENHOLM. Mr. Speaker, I yield Systems. This new program, which is is not only because of our work to- myself 15 seconds for purposes of say- funded at $120 million per year, will gether. There were 71 agricultural or- ing thank you to the staffs on both the provide a new and stable source of com- ganizations in America, I cannot find majority side and the minority side for petitively awarded research money to any organization that was not rep- the hours and days and weeks and be targeted at high-priority issues. I resented, that not only had great pa- months of hard work that they have want to applaud Senator LUGAR for his tience with us with this bill when we put in to bringing us to this point to- persistence in establishing this pro- asked them to have patience but then night. We appreciate it. gram and know that it will begin deliv- when we asked them to step forward Mr. Speaker, I yield the balance of ering benefits to farmers in the next and to support this bill with Members, my time to the gentleman from Cali- few years. they did so enthusiastically. It is out fornia (Mr. DOOLEY), the ranking mem- While the research provisions of the of great respect for the organization of ber of the Subcommittee on Forestry, bill were a top priority, the crop insur- agriculture in America which stood to- Resource Conservation, and Research ance components are also very impor- gether on this issue is the reason that and I thank him for his work. tant, because they provide the needed we are here. (Mr. DOOLEY of California asked and ability for farmers to manage the risk b 2100 was given permission to revise and ex- that is going to be inherent in the mar- tend his remarks.) ketplace certainly as we move away So, Mr. Speaker, I again thank all Mr. DOOLEY of California. Mr. from many direct subsidies to farmers. my colleagues for the debate, and I ask Speaker, I also want to commend the But one other important component them all to support this very good con- gentleman from Oregon (Mr. SMITH) was the restoration of food stamp bene- ference committee report. and the gentleman from Texas (Mr. fits for certain groups of legal immi- Mr. BEREUTER. Mr. Speaker, this Member COMBEST), along with the gentleman grants and refugees and asylees. Many rises in reluctant support of the conference re- from Texas (Mr. STENHOLM), for really people in this body have criticized this port for S. 1150, the Agricultural Research Bill. continuing the tradition of the Com- provision, but I take exception to that. This Member is voting for the conference re- mittee on Agriculture to work in a bi- As part of the Balanced Budget Act we port because of the urgent need for crop in- partisan fashion to devise ag policy passed last year, we tried to provide surance and the importance of agricultural re- which is going to work in the best in- some I think responsible reforms to the search. However, this Member is strongly op- terests of our farmers. welfare act that many of us voted for posed to the provision in the bill that reinstates I think also that the environment in a bipartisan fashion. food stamp benefits for legal immigrants. that they have created in the Commit- We are not turning our back on wel- Two years ago, we finally passed major leg- tee on Agriculture, that bipartisan en- fare reform. What we are trying to do islation that ended welfare as we knew it. The vironment, certainly has contributed is provide some important assistance Personal Responsibility and Work Opportunity to our staffs working in a very effec- to some people who we invited into our Act of 1996 contained a provision that barred tive and bipartisan fashion, too. country that have been important con- most legal immigrants from the Food Stamp I rise today in strong support of the tributors to our society. I am particu- program, and we need to remember that immi- conference report to accompany S. larly pleased about this because in my grants are sponsored by American citizens 1150, the Ag Research, Extension and district I am home to a large number of who have agreed to take financial responsibil- Education Reform Act. It has been a Hmong refugees who will be benefiting ity for their needs during the naturalization long road, but I believe that passage of from these provisions. process. Too many sponsors have failed in this bill is imperative, and I am Oftentimes, we forget the sacrifices their responsibility. This Member is strongly pleased that the House will vote on it that these Hmong and Lao refugees opposed to the reinstatement of food stamps today. have provided our country in partici- for legal immigrants that was added to the bill As with any legislation that we con- pating in the secret war, participating during conference. sider in Congress, S. 1150 is a product of alongside of our soldiers in the Viet- However, the need to approve crop insur- hard work and compromise. While nam War, saving many of their lives. I ance funding has reached a critical point. there will be some here today who will do not think we have to make any Funding is necessary so that our nation's criticize certain provisions of this bill, apologies for providing a restoration of farmers have in place a safety net to protect I strongly believe that we have crafted food stamp benefits to some of these them against the natural disasters which are a a good bill that deserves the support of individuals who we invited into our constant threat. Allowing crops insurance cov- the House. country and provided service to our erage to lapse would make too many produc- Mr. Speaker, I believe that the Fed- country. ers vulnerable to the uncertainties cause by eral investment in ag research is the Mr. Speaker, I think we have a great weather. The farm bill enacted in 1996 creates most vital component of the agricul- conference report here that meets the more freedom and opportunities for farmers, tural safety net for the future. Our needs of U.S. farmers and is a respon- but it is important for crop insurance to remain country has a long and successful his- sible bill. I urge the entire body of the in place as a viable option. tory of agricultural research innova- House to vote in support of it. It is also critically important to reauthorize tions, and our system is the envy of the Mr. SMITH of Oregon. Mr. Speaker, I the agricultural research program. Funding for world. I believe that the research pro- yield myself such time as I may con- research offers a long-term and far-sighted ap- visions of S. 1150 will lead to an even sume. In closing, let me thank again proach to supporting producers and improving better agricultural research system in the gentleman from Texas (Mr. STEN- our nation's food supply. Clearly, the success June 4, 1998 CONGRESSIONAL RECORD — HOUSE H4133 of agriculture in the future depends on the re- all my colleagues to cast a strong vote for quorum is not present and make the search we support now. rural America and pass this bill. point of order that a quorum is not This Member is voting for the conference re- Ms. JACKSON-LEE of Texas. Mr. Speaker, present. port because of the importance of crop insur- thank you for the opportunity to speak on this The SPEAKER pro tempore. Evi- ance and agricultural research. crucial issue. I strongly oppose the rule strik- dently a quorum is not present. Ms. DELAURO. Mr. Speaker, today, I rise to ing reauthorizing food stamps for legal immi- The Sergeant at Arms will notify ab- support passage of S. 1150, the conference grants in the United States. sent Members. report on the Agricultural Research, Extension, The rule that has been recommended would The vote was taken by electronic de- and Education Reauthorization Act, which re- set up a ridiculous procedure which gives Re- vice, and there were—yeas 364, nays 50, authorizes these programs for five years. publican opponents two extraordinary proce- not voting 19, as follows: Funding provided through this authorization is dural mechanisms to kill the bill. Under this [Roll No. 204] used by state research centers to protect and absurd procedure, the House will not even be YEAS—364 improve the use of crops. allowed to debate the bipartisan conference Abercrombie Dingell Kanjorski Three weeks ago, I spoke against the rule report, even though the conference report has Ackerman Dixon Kaptur that would have allowed a vote on this legisla- already been filed and has already been ap- Aderholt Doggett Kasich tion. The rule, if passed, could have stopped proved by an overwhelming bipartisan majority Allen Dooley Kelly Andrews Doyle Kennedy (MA) funding for food and nutrition assistance. in the Senate. I vote to reauthorize food Armey Dreier Kennedy (RI) Today we have a chance to vote on a clean stamps for those who need them. Bachus Duncan Kennelly bill. This bill contains funding for some of the We must restore food stamps to our Baesler Dunn Kildee most important research done in this country. 900,000 legal immigrants including farm- Baker Edwards Kilpatrick Baldacci Ehlers Kim In my congressional district, scientists at the workers. Food stamp recipients are refugees, Ballenger Ehrlich Kind (WI) Connecticut Agricultural Experiment Station the elderly, disabled Vietnam veterans and Barcia Emerson King (NY) have used U.S. Department of Agriculture children who are facing food and nutritional Barrett (NE) English Kleczka Barrett (WI) Eshoo Klink grants to fund research on ticks that cause deficiencies in larger and larger numbers. Becerra Etheridge Klug Lyme Disease and on yew trees that produce This year, approximately 600,000 U.S. citi- Bentsen Evans Knollenberg Taxol to fight breast and ovarian cancer. zen children with immigrant parents will have Bereuter Everett Kolbe I support today's bill because it ensures that less food on their tables because of these Berman Ewing Kucinich Berry Farr LaFalce 250,000 individuals and families will receive cuts. Since food stamp access has been cut, Bilbray Fattah LaHood needed hunger assistance. I also support this a widening hunger crisis has emerged that pri- Bilirakis Fawell Lampson bill because it provides for research that saves vate charities and State and local govern- Bishop Fazio Lantos lives. Blagojevich Filner Latham ments have not been able to handle. Blumenauer Foley LaTourette I urge my colleagues to join me in support There simply have not been enough re- Boehlert Forbes Lazio of this important legislation. sources to feed all the hungry. Catholic Char- Boehner Ford Leach Mr. SANDLIN. Mr. Speaker, I want to com- ities USA, Second Harvest and the U.S. Con- Bonilla Fossella Lee Bonior Fowler Levin mend Chairman SMITH, Ranking Member ference of Mayors have all reported major in- Bono Fox Lewis (CA) STENHOLM, and the members of the Commit- creases in request for emergency food assist- Borski Franks (NJ) Lewis (KY) tee. I commend you for the excellent legisla- ance while food pantries are going empty and Boswell Frelinghuysen Linder tion we have before us today. Boucher Frost Lipinski are turning people away. Boyd Gallegly Livingston The Agriculture Research, Extension and In my home State of Texas, 124,000 legal Brady (PA) Ganske LoBiondo Education Reform Act will give stability to crop immigrants lost food stamps. 13,090 of these Brown (CA) Gejdenson Lofgren insurance programs, boost spending on agri- who lost food stamps are children!!! The State Brown (FL) Gekas Lowey cultural research for the first time in 10 years, Brown (OH) Gephardt Lucas itself is only able to cover approximately Bryant Gibbons Luther and provide an additional $100 million for eco- 15,000 people under a State program for el- Bunning Gilchrest Maloney (CT) nomic development in rural areas. By doing derly and disabled during this biennium. Burton Gillmor Maloney (NY) so, the bill will bring jobs to East Texas and The elimination of food stamp benefits for Buyer Gilman Manton Callahan Goodling Markey improve long-term productivity and profitability adults without children is calculated to create Calvert Gordon Mascara for East Texas farmers and ranchers. a mass of people who are desperate to take Camp Graham Matsui As government subsidies for agriculture any job, no matter how poor the wages and Campbell Granger McCarthy (MO) come to an end, crop insurance has become Canady Green McCarthy (NY) conditions. Capps Gutierrez McCollum one of the last barriers against financial ruin It will serve to intimidate all lower paid work- Cardin Gutknecht McCrery for farm families. The 1996 farm bill guaran- ers, a valuable and crucial section of the Carson Hall (OH) McDermott teed crop insurance to our agricultural produc- American workforce. Castle Hall (TX) McGovern Chambliss Hamilton McHale ers, but without this bill, farmers across the President Clinton singled out these welfare Chenoweth Hansen McHugh nation face the prospect of crop insurance provisions as particularly unfair, and has since Christensen Hastert McInnis cancellations as early as this month. In East asked for $2 billion to restore benefits to about Clay Hastings (FL) McIntosh Texas, there are agricultural producers facing Clayton Hastings (WA) McIntyre 730,000 immigrants. Clement Hayworth McKeon drought conditions in some counties and Striking this rule would deny almost a million Clyburn Hefner McKinney floods in others, and we cannot deny them the people, old and young, and those contributing Coble Hill McNulty crop insurance they have been promised. I as a valuable force to our Nation's economy. Combest Hilleary Meehan Condit Hilliard Meek (FL) share the relief of every crop producer in East I vote not to strike the rule and to reauthorize Conyers Hinchey Meeks (NY) Texas tonight as we pass this bill and ensure food stamps. Cook Hinojosa Menendez the continuation of crop insurance. Mr. SMITH of Oregon. Mr. Speaker, I Cooksey Hobson Metcalf Equally important is the research compo- yield back the balance of my time. Costello Hoekstra Mica Cox Holden Millender- nent of this bill, providing $600 million over Mr. STENHOLM. Mr. Speaker, I yield Coyne Hooley McDonald five years in mandatory spending on agricul- back the balance of our time. Cramer Horn Miller (CA) tural research, including funds for the Texas The SPEAKER pro tempore (Mr. Crapo Houghton Minge Cubin Hoyer Mink A&M University System across Texas. We SUNUNU). All time has expired. Cummings Hulshof Moakley have a long history of agricultural research in Without objection, the previous ques- Cunningham Hutchinson Moran (KS) this country, and it has led to the most produc- tion is ordered. The question is on the Danner Hyde Morella tive and most efficient agricultural industry in conference report. Davis (FL) Inglis Murtha Davis (IL) Jackson (IL) Nadler the world. Continuation of this commitment is There was no objection. Davis (VA) Jackson-Lee Neal vital for America's farmers and ranchers as The SPEAKER pro tempore. The DeFazio (TX) Nethercutt agricultural subsidies disappear and global question is on the conference report. DeGette Jefferson Ney The question was taken; and the Delahunt Jenkins Northup markets become more competitive. DeLauro John Norwood Mr. Speaker, this bill has been carefully Speaker pro tempore announced that Deutsch Johnson (CT) Nussle crafted to pay for itself and protect the future the ayes appeared to have it. Diaz-Balart Johnson (WI) Oberstar of our agricultural producers and every Amer- Mr. SOLOMON. Mr. Speaker, I object Dickey Johnson, E. B. Obey ican who relies on their products. I encourage to the vote on the ground that a Dicks Jones Olver H4134 CONGRESSIONAL RECORD — HOUSE June 4, 1998 Ortiz Roybal-Allard Stupak PERSONAL EXPLANATION (A) Eliminate nonbusiness valuation dis- Owens Rush Tanner counts. Oxley Ryun Tauscher Ms. PRYCE of Ohio. Mr. Speaker, on rollcall (B) Modify treatment of gifts of ‘‘present Packard Sabo Tauzin no. 204, I was unavoidably detained in traffic. Pallone Sanchez Taylor (NC) interests’’ in a trust (repeal ‘‘Crummey’’ Parker Sanders Thomas Had I been present, I would have voted ``yes.'' case rule). Pascrell Sandlin Thompson f (C) Eliminate gift tax exemption for per- Pastor Sawyer Thornberry sonal residence trusts. Paxon Schaffer, Bob Thune MAKING IN ORDER AT ANY TIME (D) Include qualified terminable interest Payne Schumer Thurman CONSIDERATION OF H.R. 3989, property trust assets in surviving spouse’s Pease Scott Tierney USER FEE AND TAX INCREASE estate. Pelosi Serrano Torres Peterson (MN) Sessions Towns ACT OF 1998 (6) FOREIGN TAX PROVISIONS.— (A) Replace sales source rules with activ- Peterson (PA) Shaw Traficant Mr. SOLOMON. Mr. Speaker, after Petri Shays Turner ity-based rule. Pickering Sherman Upton consultation with the minority, I ask (B) Modify rules relating to foreign oil and Pickett Shimkus Velazquez unanimous consent that it be in order gas extraction income. Pitts Shuster Vento at any time to consider the bill (H.R. (C) Apply ‘‘80/20’’ company rules on a Pombo Sisisky Visclosky group-wide basis. Pomeroy Skaggs Walsh 3989) to provide for the enactment of Porter Skeen Wamp user fees proposed by the President in (D) Prescribe regulations regarding foreign Portman Skelton Waters his budget submission under section built-in losses. Poshard Slaughter Watkins 1105(a) of title 31, United States Code, (E) Prescribe regulations regarding use of Price (NC) Smith (MI) Watt (NC) hybrids. Quinn Smith (NJ) Watts (OK) for fiscal year 1999; that the bill be con- (F) Modify foreign office material partici- Radanovich Smith (OR) Waxman sidered as read for amendment; that pation exception applicable to certain inven- Rahall Smith (TX) Weldon (PA) the amendment I have placed at the tory sales. Ramstad Smith, Adam Weller Rangel Smith, Linda Wexler desk be considered as adopted; and that (G) Modify controlled foreign corporation Redmond Snowbarger Weygand the previous question be considered as exception from United States tax on trans- Regula Snyder White ordered on the bill, as amended, to portation income. Riggs Souder Whitfield final passage without intervening mo- (7) ADMINISTRATIVE PROVISIONS.— Riley Spence Wicker tion except: (1) one hour of debate on (A) Increase penalties for failure to file Rivers Spratt Wise correct information returns. Rodriguez Stabenow Wolf the bill, as amended, equally divided (B) Modify definition of substantial under- Roemer Stark Woolsey and controlled by the gentleman from Rogan Stenholm Wynn statement penalty for large corporations. Rogers Stokes Young (AK) New York (Mr. SOLOMON) and the mi- (C) Repeal exemption for withholding on Rothman Strickland Young (FL) nority leader or his designee; and (2) gambling. one motion to recommit, with or with- (D) Modify deposit requirement for FUTA. NAYS—50 out instructions. (E) Clarify and expand math error proce- Archer Goodlatte Roukema The SPEAKER pro tempore. The dures. Barr Goss Royce (8) REAL ESTATE INVESTMENT COMPANY PRO- Barton Greenwood Salmon Clerk will report the amendment. VISIONS.— Bass Hefley Sanford The Clerk read as follows: Bliley Herger Saxton (A) Freeze grandfathered status of stapled At the end of the bill add the following or paired-share REITs. Blunt Hostettler Scarborough title: Brady (TX) Hunter Schaefer, Dan (B) Restrict impermissible businesses indi- Cannon Istook Sensenbrenner TITLE IV—TAX INCREASES rectly conducted by REITs. Chabot Johnson, Sam Shadegg SEC. 401. TAX INCREASES. (C) Modify treatment of closely held Coburn Kingston Solomon REITs. Collins Largent Stearns It is the sense of the House of Representa- (9) EARNED INCOME TAX COMPLIANCE PROVI- Crane Manzullo Stump tives that the following tax increases pro- Deal Miller (FL) Sununu posed by the President should be enacted as SIONS.— DeLay Neumann Taylor (MS) soon as possible: (A) Simplify foster child definition under Doolittle Pappas Tiahrt (1) ACCOUNTING PROVISIONS.— the earned income credit. Ensign Paul Weldon (FL) (A) Repeal lower of cost or market inven- (B) Modify definition of qualifying child Goode Rohrabacher tory accounting method. for purposes of the earned income credit NOT VOTING—19 (B) Repeal nonaccrual experience method where more than one taxpayer satisfies the requirements with respect to the same child. Bartlett Harman Pryce (OH) of accounting and make certain trade receiv- (10) OTHER REVENUE-INCREASE PROVISIONS.— Bateman Lewis (GA) Reyes ables ineligible for mark-to-market treat- Burr Martinez Ros-Lehtinen ment. (A) Repeal percentage depletion for certain Engel McDade Talent (2) FINANCIAL PRODUCTS AND INSTITU- nonfuel minerals mined on Federal and for- Frank (MA) Mollohan Yates TIONS.— merly Federal lands. Furse Moran (VA) (A) Defer interest deduction on certain (B) Modify depreciation method for tax-ex- Gonzalez Myrick convertible debt. empt use property. (B) Extend pro rata disallowance of tax-ex- (C) Impose excise tax on purchase of struc- b 2119 empt interest expense that applies to banks tured settlements. to all financial intermediaries. (D) Reinstate Oil Spill Liability Trust Messrs. GOODLATTE, HERGER and Fund excise tax and increase Trust Fund SALMON changed their vote from (3) CORPORATE TAX PROVISIONS.— (A) Eliminate dividends received deduction ceiling to $5,000,000,000 (through September ‘‘yea’’ to ‘‘nay.’’ for certain preferred stock. 30, 2008). Mr. GALLEGLY changed his vote (B) Repeal tax-free conversion of large C (11) REINSTATE HAZARDOUS SUBSTANCE from ‘‘nay’’ to ‘‘yea.’’ corporations into S corporations. SUPERFUND EXCISE TAX AND ENVIRONMENTAL So the conference report was agreed (C) Restrict special net operating loss INCOME TAX.— to. carryback rules for specified liability losses. (A) Reinstate Superfund corporate environ- The result of the vote was announced (D) Clarify the meaning of ‘‘subject to’’ li- mental income tax. abilities under section 357(c). (B) Reinstate Superfund excise taxes as above recorded. (through September 30, 2008). A motion to reconsider was laid on (4) INSURANCE PROVISIONS.— (A) Increase the proration percentage for Mr. SOLOMON (during the reading). the table. property and casualty insurance companies. Mr. Speaker, I ask unanimous consent f (B) Capitalize net premiums for credit life insurance contracts. that the amendment be considered as (C) Modify corporate-owned life insurance read and printed in the RECORD. PERSONAL EXPLANATION rules. The SPEAKER pro tempore. Is there Mrs. MYRICK. Mr. Speaker, earlier this (D) Modify reserve rules for annuity con- objection to the request of the gen- evening, I was unavoidably detained and as a tracts. tleman from New York? result missed rollcall votes #202, #203, and (E) Tax certain exchanges of insurance contracts and reallocations of assets within There was no objection. #204. variable insurance contracts. Had I been present for these votes, I would The SPEAKER pro tempore. Is there (F) Modify computation of ‘‘investment in objection to the original request of the have voted ``Yea'' on rollcall vote #202, ``Nay'' the contract’’ for mortality and expense on rollcall vote #203, and ``Nay'' on rollcall charges on certain insurance contracts. gentleman from New York? vote #204. (5) ESTATE AND GIFT TAX PROVISIONS.— There was no objection. June 4, 1998 CONGRESSIONAL RECORD — HOUSE H4135 ORDER OF BUSINESS points of order against that amendment in b 2130 the nature of a substitute are waived. No (Mr. SOLOMON asked and was given amendment to that amendment in the na- That budget, ladies and gentlemen, permission to address the House for 1 ture of a substitute shall be in order except called for 85 new spending programs, 85 minute and to revise and extend his re- those printed in part 2 of the report of the new spending programs. It created 39 marks.) Committee on Rules. Each amendment may new entitlement programs. It increased Mr. SOLOMON. Mr. Speaker, I would be offered only in the order printed in the re- spending by $150 billion, again, going like to make an announcement regard- port, may be offered only by a Member des- just the opposite direction of what we ing the remainder of the session this ignated in the report, shall be considered as have been moving to, and it increased read, shall be debatable for one hour equally taxes and user fees by $129 billion, la- evening. divided and controlled by the proponent and Mr. Speaker, we are about to take up an opponent, and shall not be subject to dies and gentlemen. the rule that will make in order the amendment. All points of order against the Mr. Speaker, in this Republican-con- budget for 1999 and two substitutes amendments printed in the report are waived trolled House, that approach to budget- that go with it. That will be debated except that the adoption of an amendment in ing and governing is a nonstarter. We fully this evening. There may or may the nature of a substitute shall constitute can thank the gentleman from Ohio not be a vote on that rule. Then we the conclusion of consideration of the con- (Mr. KASICH) sitting over here, the current resolution for amendment. The chairman of the Committee on the would go into 3 hours of general de- chairman of the Committee of the Whole bate, and there would be no further may: (1) postpone until a time during further Budget, for what I would call unbeliev- votes in the House this evening when consideration in the Committee of the Whole able due diligence of bringing this that takes place. a request for a recorded vote on any amend- budget which is not draconian. As a Mr. MOAKLEY. Mr. Speaker, will the ment; and (2) reduce to five minutes the min- matter of fact, I think if he and I had gentleman yield? imum time for electronic voting on any post- our total way and we were to dictate Mr. SOLOMON. I yield to the gen- poned question that follows another elec- the terms of this budget, we would see tleman from Massachusetts. tronic vote without intervening business, some further major, major cuts in this provided that the minimum time for elec- Mr. MOAKLEY. Mr. Speaker, I assure bill. tronic voting on the first in any series of But today the House has the oppor- the gentleman there will be a vote on questions shall be 15 minutes. At the conclu- the rule tonight. sion of consideration of the concurrent reso- tunity to move this Nation in a new di- Mr. SOLOMON. Mr. Speaker, re- lution for amendment the Committee shall rection and, I would argue, in the right claiming my time, I am glad we got rise and report the concurrent resolution to direction with the passage of the Ka- that cleared up. So it is 9:25, and we the House with such amendments as may sich budget. The Kasich budget estab- can expect a vote around 10:25, and have been adopted. Any Member may de- lishes an honest blueprint for this Con- then bid you all good night. The rest of mand a separate vote in the House on any gress to achieve four important goals. amendment adopted by the Committee of the us will stay here and debate the very Those four important goals are, Mr. Whole to the concurrent resolution or to the Speaker: paying down our $5.5 trillion important bill. amendment in the nature of a substitute f made in order as original text. The previous debt. That is important. If we polled into our district, the gentleman from PROVIDING FOR CONSIDERATION question shall be considered as ordered on the concurrent resolution and amendments Montana (Mr. HILL) just was here tell- OF H. CON. RES. 284, CONCUR- thereto to final adoption without interven- ing me what he had done, that is what RENT RESOLUTION ON THE ing motion except amendments offered by the American people want. They want BUDGET FOR FISCAL YEAR 1999 the chairman of the Committee on the Budg- us to pay down on that $5.5 trillion Mr. SOLOMON. Mr. Speaker, by di- et pursuant to section 305(a)(5) of the Con- debt that is a disgrace to this Nation. rection of the Committee on Rules, I gressional Budget Act of 1974 to achieve Number two, preserving and protect- mathematical consistency. The concurrent call up House Resolution 455 and ask ing Social Security. resolution shall not be subject to a demand Number three, shrinking the growth for its immediate consideration. for division of the question of its adoption. The Clerk read the resolution, as fol- SEC. 2. Rule XLIX shall not apply with re- of government by reducing spending by lows: spect to the adoption by the Congress of a 1 percent over 5 years. That is not concurrent resolution on the budget for fis- much, but let me tell my colleagues, it H. RES. 455 cal year 1999. is a step in the right direction. Resolved, That at any time after the adop- Finally, relieving the tax burden on tion of this resolution the Speaker may, pur- The SPEAKER pro tempore. The gen- suant to clause 1(b) of rule XXIII, declare the tleman from New York (Mr. SOLOMON) families through elimination of the House resolved into the Committee of the is recognized for 1 hour. marriage penalty, and that may be the Whole House on the state of the Union for (Mr. SOLOMON asked and was given most important thing that we do here consideration of the concurrent resolution permission to revise and extend his re- this year. (H. Con. Res. 284) revising the congressional marks.) Mr. Speaker, this rule allows the budget for the United States Government for Mr. SOLOMON. Mr. Speaker, for the House to choose between two distinct fiscal year 1998, establishing the congres- purposes of debate only, I yield 30 min- investigations of government. One is sional budget for the United States Govern- utes to the gentleman from Massachu- envisioned by the President and his ment for fiscal year 1999, and setting forth appropriate budgetary levels for fiscal years setts (Mr. MOAKLEY), pending which I tax-and-spend plan, which is largely 2000, 2001, 2002, and 2003. The first reading of yield myself such time as I may con- characterized by the substitute offered the concurrent resolution shall be dispensed sume. During consideration of this res- by our colleague from South Carolina with. General debate shall not exceed three olution, all time yielded, of course, is (Mr. SPRATT). It follows the same vi- hours, with two hours of general debate con- for debate purposes only. sion of the President in the budget that fined to the congressional budget equally di- Mr. Speaker, I am not going to both- he had presented to us. vided and controlled by the chairman and er to repeat and explain the rule itself, If we favor increasing spending, and ranking minority member of the Committee because the House Clerk has done a if we favor increasing government and on the Budget, and one hour of general de- very good job with it. oppose cutting taxes, then we ought to bate on the subject of economic goals and I would say, Mr. Speaker, last Feb- policies equally divided and controlled by stand up here tonight and vote for the Representative Saxton of New Jersey and ruary the President of the United Spratt substitute. If we oppose allow- Representative Stark of California or their States submitted a budget to Congress ing this Congress even the opportunity designees. After general debate the concur- that was a relic of the tax-and-spend to provide a net tax cut for American rent resolution shall be considered for policies of Democrats of the past. Just families, then we should support the amendment under the five-minute rule. It 6 months after this Republican Con- Spratt budget. But I do not think we shall be in order to consider as an original gress and President Clinton enacted ought to do that. concurrent resolution for the purpose of into law the first balanced budget in a Mr. Speaker, there is another vision amendment under the five-minute rule the generation and the first tax cut in 16 of the government before this House amendment in the nature of a substitute printed in part 1 of the report of the Com- years, President Clinton sent us a tonight, and that vision is captured in mittee on Rules accompanying this resolu- backward-looking budget. It was just both the Kasich budget resolution and tion. That amendment in the nature of a the opposite of what we had been in the Neumann substitute, both of substitute shall be considered as read. All doing. which are good budgets in my opinion. H4136 CONGRESSIONAL RECORD — HOUSE June 4, 1998 Both of these budgets seek to make The Republicans also cut educational does not hurt Medicaid recipients or the Federal Government’s budget opportunities for those in need. The needy families or students or crime smaller and the family budget larger. Republicans cut Head Start and grants victims or veterans, and it might win Both seek to fulfill our outstanding to school districts with high levels of more votes than the Republican budg- commitments in Social Security, in poverty. The Republicans, listen, Mr. et. It is not surprising that the Repub- Medicare, and to our veterans and even Speaker, the Republicans cut veterans’ licans will not allow it to come to the to our children and our grandchildren benefits by $10 billion. floor for a vote. by paying down the national debt and The Republicans also cut law en- This rule is a very unusual one, Mr. ensuring, and this may be the most im- forcement. They refused to fully fund Speaker, in one respect. Until last year portant part of all, ensuring our na- the Violent Crime Reduction Trust it was traditional for a rule on the tional defense is the best state-of-the- Fund. They eliminate the Legal Serv- budget resolution to guarantee that art that we can give to men and women ices Corporation. major alternatives would be consid- that serve in our uniforms today. Mr. Speaker, the gentleman from ered. Special procedures called king of Both seek to take advantage of our New York said he is proud of this Re- the hill, queen of the hill ensured that Nation’s positive fiscal climate by con- publican budget. I hope he is, but I am each of the substitutes would at least tinuing the country’s shift towards a not. I would be willing to bet most be debated and voted on. This rule just smaller government, greater individual Americans care far more about edu- does not offer that traditional guaran- responsibility, and expanding entrepre- cation and law enforcement and pre- tee. If the first substitute is agreed to, neurship and economic initiative. serving a safety net for working fami- the Democratic alternative cannot That is really what we ought to be lies than they do about $101 billion in even be debated. here doing, because that creates jobs tax cuts for corporate fat cats and the This rule will not allow Members to and it helps small business across this very rich. vote on the Minge-Stenholm budget. It Nation, particularly small business I think my Republican colleagues does not guarantee that the Demo- that creates 75 percent of all the new agree with me, because as draconian as cratic alternative will be heard. It en- jobs in America every single year, not these cuts may sound, nearly every sin- courages Members to vote for a dan- only for those that are being displaced gle one of them is set to go in effect in gerous Republican budget. by downsizing but young men and the future, like a budget cut time Mr. Speaker, I urge my colleagues to women, girls and boys, coming out of bomb. This could mean that the cuts oppose the rule. high school and college. will, God willing, never materialize; or Mr. Speaker, I reserve the balance of Mr. Speaker, in closing I would just it could mean that my Republican col- my time. observe that the rule before us allows leagues want to be as far away as pos- Mr. SOLOMON. Mr. Speaker, I yield the House to openly debate two dif- sible when this blast finally goes off. myself such time as I may consume. ferent visions of government, one Re- Mr. Speaker, the most surprising Mr. Speaker, my hero, Ronald publican, and one Democrat, and boy, cuts are those in the areas that the Reagan, used to say, ‘‘Well, you have are they different, for a total of 5 hours House has spoken out loud and clear. heard it again. There they go again. of debate. The Republican budget cuts $21.9 bil- There go those Democrats: Tax, tax, So I would urge my colleagues to lion from the highway bill we just tax; spend, spend, spend.’’ You just support this rule. After the gentleman voted on 2 weeks ago. It cuts $21.9 bil- heard the greatest old New Deal speech from Massachusetts (Mr. MOAKLEY) has lion from that bill, the highway bill we that we ever heard on this floor. opened his statements, we want to get just sent to the President. The Kasich What he is talking about is creating into a colloquy with the gentleman budget would slice off $21.9 billion. 85 new spending programs. Spend, from Pennsylvania (Mr. SHUSTER) and The Republican budget will also im- spend, spend. Creating 39 new entitle- the gentleman from Ohio (Mr. KASICH), pede the passage of any tobacco legis- ment programs. Spend, spend, spend the Committee on Budget chairman. Mr. Speaker, I reserve the balance of lation. It will hurt our chances of fix- forever. Forever. Increasing spending my time. ing Social Security. It does not stay by $150 billion. Tax the taxpayers. In- Mr. MOAKLEY. Mr. Speaker, I thank within the requirements of last year’s crease taxes and user fees by $129 bil- the gentleman from New York (Mr. balanced budget agreement either. lion. SOLOMON), my colleague and my good In contrast, Mr. Speaker, the Demo- Mr. Speaker, we have a big difference friend, for yielding me the customary cratic alternative budget proposed by between these two bills. half hour; and I yield myself such time the gentleman from South Carolina Mr. Speaker, I yield such time as he as I may use. (Mr. SPRATT) will reserve the Social might consume to the gentleman from Mr. Speaker, I rise in opposition to Security surplus until Congress and Pennsylvania (Mr. SHUSTER) so that he this rule and would like to voice my the President can agree on how to save can have a colloquy with the gen- strong opposition to this Republican it. The Democratic alternative will en- tleman from Ohio (Mr. KASICH), the budget resolution. The Republican able Congress to pass the Patient’s Bill Committee on Budget chairman, and budget picks on those who are the most of Rights and also the tobacco settle- clear up some misunderstandings. vulnerable in our society. The Repub- ment. The Democratic alternative Mr. SHUSTER. Mr. Speaker, I was lican budget will hurt low-wage work- stays within the parameters of the bal- dismayed to learn that the committee- ing families. It will hurt the victims of anced budget agreement. reported budget resolution before the crime. It will hurt the students. Mr. The bipartisan budget proposal of- body today does not reflect the addi- Speaker, once again it will hurt the fered by the gentleman from Minnesota tional Highway Trust Fund outlays veterans. (Mr. MINGE) and the gentleman from guaranteed and firewalled in the con- This Republican budget cuts Medic- Texas (Mr. STENHOLM) is also a far bet- ference report on TEA–21. aid and children’s health programs by ter choice than the Republican budget. The TEA–21 conference report, which $12 billion over 5 years, in addition to It is nearly identical to Senator is about to be signed by the President, the $10.2 billion cut imposed by last DOMENICI’s budget proposal, which enacts into law firewalls within the year’s budget. Republicans remove a means it is very possible it could pass discretionary spending caps. These fire- guarantee of health care to families in in both Houses, which is exactly why walls guarantee that we will spend fu- need by block-granting the acute care my Republican colleagues refuse to ture Highway Trust Fund tax receipts portion of Medicaid. make it in order. Last night at the on highway and transit infrastructure Mr. Speaker, the cuts on those in Committee on Rules it was said that and not continue the past practice of need do not stop there. Republicans cut the Minge budget should not be made setting spending from the trust fund temporary assistance to needy families in order because it is so close to the without regard to the tax revenues by $10.1 billion. This is a change in Senate position; it might pass. That being collected. their reported budget. They must be would make that conference just too In drafting TEA–21, we worked close- very ashamed of it because they sub- easy. ly with the Committee on the Budget mitted it only last night, in the dark of Mr. Speaker, the budget of the gen- and the administration to cut the cost night, after the House was in recess. tleman from Minnesota (Mr. MINGE) of the bill substantially and to fully June 4, 1998 CONGRESSIONAL RECORD — HOUSE H4137 offset the additional spending in TEA– Mr. MINGE. Mr. Speaker, we are now creased spending by $150 billion, and in- 21. Given that TEA–21 is fully offset, 45 days and 45 nights late in action on creased taxes and user fees by $130 bil- and the overwhelming vote of both bod- a budget in this Congress. Why? It is lion. ies for the funding levels and the guar- not clear to this Member why this Con- Mr. Speaker, the gentleman from antees in TEA–21, I believe that the gress has procrastinated and failed to Ohio (Mr. KASICH), the distinguished budget resolution should fully reflect live up to its responsibility to provide chairman of the Committee on the the guaranteed spending levels in TEA– the Nation and the appropriations com- Budget, and the members of the Com- 21. mittees and the other institutions with mittee on the Budget got together, and Mr. Speaker, I would ask my good guidance as to our budget policies for they all agreed that that was not the friend the distinguished gentleman this fiscal year and the four fiscal vision for America that they would rec- from Ohio (Mr. KASICH), chairman of years to follow. ommend to this House. the Committee on the Budget: Is it the In fact, they wrote a vision for Amer- b 2145 position of the chairman of the Com- ica in which we see a contrasting view; mittee on the Budget that any budget Shame. After 3 years of Blue Dog Co- that their vision says, let us reduce resolution conference report or any alition budgets coming to the floor of spending by $100 billion, and let us re- other measure that will be used to gov- this body, the Committee on Rules has duce taxes by $100 billion. Let us take ern appropriations in budget actions refused to allow such a budget to be one penny on the dollar out of an an- this year will fully reflect the firewall considered this week. nual budget that is $1.7 trillion. A 1 funding guarantees in TEA–21? Why is that? Is it because a mod- percent spending reduction will allow Mr. KASICH. Mr. Speaker, if the gen- erate, bipartisan budget was proposed? us to have sufficient tax reduction that tleman will yield to me, the commit- Is it because it is an updated version of we can correct some of the more dis- tee-reported resolution was adopted the Domenici version adopted by the paraging things in our tax code. prior to the conference agreement on United States Senate? Is it because Mr. Speaker, we all tell our children, TEA–21. As reported, this budget reso- there is fear that a bipartisan budget our best advice, young man, our best lution assumed that the additional that is brought to this floor would pass advice, young lady, is for you to get Highway Trust Fund spending could be and would defeat the more partisan accommodated if fully offset. It is my married and settle down. Yet, in to- budgets that are coming from both day’s tax law, they are punished if they intention that the budget resolution sides of the aisle? conference report fully comply with do that. The Kasich budget makes It is not clear to me, and I think it is available to us through reduced spend- the highway trust fund funding guaran- truly unfortunate that this body does tees contained in the conference report ing an opportunity to eliminate that not have the opportunity to consider a on TEA–21. penalty for marriage, and to do other Mr. SHUSTER. Mr. Speaker, I thank budget similar to the Senate budget, a things that are beneficial to the lives the distinguished gentleman from budget that passed overwhelmingly, a of our children through tax reduction, Ohio. Based on those assurances, I urge budget that represents a mainstream and to give them also a smaller, more my colleague to support both the rule course in this country, a budget that is efficient, more effective, more respon- and the budget. designed to put Social Security first, sive government. Mr. MOAKLEY. Mr. Speaker, I yield not to spend the budget surplus until The Committee on Rules has taken myself such time as I may consume. we have fixed the financial problems of these visions under consideration and Mr. Speaker, to the gentleman from Social Security; to reserve that sur- they have written a fair rule, a rule Ohio (Mr. KASICH), chairman of the plus, to make sure that we are careful that says, let us have the contest, let Committee on the Budget, I am just a in husbanding our resources and not us have the contest between these two little confused by that explanation. embarking on numerous new programs, contesting visions. Can the gentleman tell me how he can not taking the resources that are so If I might close, Mr. Speaker, with accommodate that $29 billion that he badly needed to eliminate the deficit this observation to my colleagues on took out of the Highway Trust Fund? and spending those resources on other the Republican side of the aisle, in par- Mr. KASICH. Mr. Speaker, if the gen- purposes. ticular, this is our vision. This is what tleman will yield to me, let me say to We are deeply disappointed that this we believe we want for our children, a the gentleman from Boston, Massachu- budget was repudiated by the Commit- budget that reflects the need in this setts, my good friend, I am really kind tee on Rules, that we have not had an Nation for a government that knows of amazed to listen to his comments, opportunity to bring it to the floor. and respects the goodness of the Amer- because I think ranking member of the Shame, shame, shame. ican people, and has the decency to re- Committee on Rules knows that what Mr. SOLOMON. Mr. Speaker, one of spect that goodness by restraining we are asking the Federal Government the reasons why we have a different vi- itself from its excesses, both in the to do is, instead of spending $9.1 tril- sion in our party is because of the ma- manner in which it takes money out of lion over the next 5 years— jority leader of this House. I yield such the pockets of the American working Mr. MOAKLEY. Mr. Speaker, I have time as he might consume to the gen- man and woman, and the manner in limited time. Would the gentleman tleman from Texas (Mr. RICHARD which that money is spent. just answer my question? ARMEY) to explain that vision. The Kasich budget gives us an oppor- Mr. KASICH. Mr. Speaker, I am an- Mr. ARMEY. I thank the gentleman swering the gentleman’s question. In- tunity to set a new standard to spend for yielding me the time, Mr. Speaker. stead of the Federal Government the taxpayers’ hard-earned dollar as Mr. Speaker, a very good friend of spending $9.1 trillion with all these minimally as necessary to get the mine, Thomas Soul, once wrote a book things you talk about, guess what? You greatest service possible per dollar for entitled ‘‘Conflict of Visions.’’ It was a are going to get to spend $9 trillion. Do the people of this Nation. good book, and I would commend it to you know something else? The families Mr. Speaker, I ask my colleagues, in your district that are being penal- all of us. vote yes for this budget, vote yes for ized by the marriage penalty will be But what we are doing here today this rule. Reaffirm our vision for Amer- helped. We will be able to accommo- with this rule is we are setting up an ica. date this highway bill. opportunity for this House of Rep- Mr. MOAKLEY. Mr. Speaker, I yield Mr. MOAKLEY. Mr. Speaker, I re- resentatives to consider alternative vi- 1 minute to the gentleman from Ten- claim my time. sions. Earlier this year the President of nessee (Mr. TANNER). Mr. KASICH. In fact, we will be able the United States submitted his rec- Mr. TANNER. Mr. Speaker, I thank to pass the resolution. ommendation, his budget recommenda- the gentleman for yielding me the Mr. MOAKLEY. Mr. Speaker, I re- tion, to Congress. In that recommenda- time. claim my time. The gentleman does tion he set forth what is his vision for Mr. Speaker, I rise today out of sad- not want to answer the question. America. The President’s vision was ness. I do not make many partisan Mr. Speaker, I yield 2 minutes to the presented in a budget that called for 85 statements. I do not do one-minutes. gentleman from Minnesota (Mr. new spending programs, that created 39 By virtue of the Committee on Rules MINGE). new entitlement programs, that in- turning down an opportunity for this H4138 CONGRESSIONAL RECORD — HOUSE June 4, 1998 House to talk about the Blue Dog budg- I also oppose this rule because it is timers. I keep records. Members can go et, it reminds me of a saying that extremely limiting to this vital discus- up in my Committee on Rules office up many may have heard, that the Repub- sion in which we are about to engage. there, and I keep a record on everybody licans are more efficient than Demo- The debate on the Federal budget is a who votes against our rules we bring crats. They are. By the adoption of this discussion of our national priorities, down here. I just need Members to rule, they have achieved the same level and the fundamental principle of de- know that. of arrogance in 4 years that it took the mocracy really dictates that we all I also keep a record of how people Democrats that they accused of it 40 have an opportunity to participate in vote on increasing spending and de- years to achieve. the lawmaking process. creasing spending. I follow the Na- To deny us a budget debate on this Mr. MOAKLEY. Mr. Speaker, I yield tional Taxpayers Union’s rating. I can- floor that might pass because it has 2 minutes to the gentleman from Texas not help but call attention to everyone too much bipartisan support says to (Mr. DOGGETT). here the fact that most of these speak- me that partisan politics is more im- Mr. DOGGETT. Mr. Speaker, I thank ers who are speaking are the same ones portant than doing something good for the gentleman for yielding me the who are rated as the biggest spenders this country. I rise out of sadness be- time. in the Congress by the National Tax- cause we are not permitted to debate Mr. Speaker, for those just tuning in, payers Union. Not only are they rated the Blue Dog budget. this might well be called ‘‘Trillions that way by the National Taxpayers Mr. MOAKLEY. Mr. Speaker, I yield after 10,’’ because as we approach the Union, they are rated that way by me, 1 minute to the gentleman from Flor- 10 o’clock in the evening hour here in because I keep track of them. ida (Mr. BOYD). Washington, we are beginning to con- All last year when people like myself Mr. BOYD. I thank the gentleman sider how trillions of dollars, of tax- were offering cutting amendments to very much, Mr. Speaker, for yielding payers’ dollars of the American people, all of these appropriation bills, cut a time to me. are to be expended. little here, cut a little there, somehow Mr. Speaker, I wanted to spend my Why this manner of consideration? to save a little, to tighten our belts, minute talking about the transpor- Because this Republican budget, taken these same people that are standing up tation issue, but I think at least after up after a full day of dilly-dallying, here talking were voting against all of the weak attempt to explain why the like most of this Congress, this Repub- those cuts. As a matter of fact, I have transportation package that we passed lican budget is truly a national embar- never seen them vote for one cut in here 2 weeks ago is not included in this rassment. It rejects the whole spirit of spending. budget, we all understand how bad this bipartisanship that produced the first Mr. Speaker, I yield such time as he budget rule is. balanced budget in decades, and the may consume to the gentleman from I would just tell the Speaker and my largest Federal surplus in the history somewhere in California (Mr. DAVID good friend, the gentleman from Texas of this Nation as a result of a biparti- DREIER), a real spending cutter. (Mr. ARMEY), the majority leader, that san spirit. Mr. DREIER. Mr. Speaker, from with the majority and with the power Instead of a bipartisan approach to somewhere in California, I thank my of the gavel comes a certain amount of trying to resolve our budget for the friend for yielding time to me. responsibility. That responsibility is to next few years, the approach we hear Mr. Speaker, I rise to think back to bring to this body a budget which tonight is the same tired old rhetoric 3 years ago, when, at the second lec- makes a lot of sense. of tax and spend that had to be rejected tern right behind us, the President, in There is not a budget here presented in order to get us together in a biparti- delivering his State of the Union mes- today that I can vote for, because I be- san spirit for this budget. sage to an overwhelming bipartisan lieve that we ought to stick with the We came in as members of the Com- ovation, said the era of big government balanced budget agreement which we mittee on the Budget to consideration is over. passed last year. We ought not to go off of this proposal in much like the cir- Then I am reminded of what he did on a wild goose chase with a bunch of cumstances we find ourselves in to- here just this past January, when he new spending programs, and we ought night, with a take-it-or-leave-it budg- unveiled his plan for $150 billion of new not to go off on a wild goose chase with et, that rejected at the outset the num- spending programs, and it included, as a bunch of tax cuts. We owe $5.5 tril- ber one goal of budgeting this year, and I guess the gentleman from Ohio lion of debt in this Nation that we need that is to save Social Security, first (Chairman KASICH) told us in the Com- to pay down. We need to take whatever and foremost. mittee on Rules last night, 85 new pro- dollars we have and preserve Social Se- We presented an amendment that grams, 39 new entitlements, $130 billion curity and pay down that debt. suggested that every penny of this in new taxes. I would ask Members to vote against large surplus ought to be devoted to b this rule. protecting and preserving the Social 2200 Mr. MOAKLEY. Mr. Speaker, I yield Security system. That approach was And then I was struck with the fact 1 minute to the gentlewoman from rejected. It is rejected in this embar- that just a few weeks after that the California (Ms. LEE) rassing Republican midnight budget. new premiere of the People’s Republic Ms. LEE. Mr. Speaker, I rise today in Secondly, we said, recognize that of China, Zhu Rongji, unveiled his plan opposition to the recommended rule on there are a lot of American families to close down 14 government ministries this budget resolution for several rea- out there struggling to make a go of it. and lay off 4 million bureaucrats. And sons. First, this rule would pit the $10.1 Give them a targeted tax cut to ad- as we debate this China-U.S. problem billion cut in Medicare against funding dress their needs with reference to that we have got that the administra- for income security programs such as child care, and support public edu- tion has quite possibly created, I won- public housing, disability assistance, cation for those families that are try- der which government is headed in the and WIC nutrition programs. This pro- ing to help their children get through right direction. posed rule demands the cruel and cal- our public schools. Thank God we are having this debate lous task of choosing whether to cut Instead, this Republican budget pro- which is beginning to focus back onto vital Medicare programs for our elderly poses to eliminate the only Federal the issue of individual initiative and citizens, or programs to provide basic program that provides direct assist- responsibility and creating a climate services to our poor. ance to our schools for economically where we will have Washington do bet- The policy of pitting people who need disadvantaged children. It is an embar- ter with less so that the American fam- critical social service programs against rassing budget that rejects the needs of ily will do better with more. each other is unethical, particularly America’s families and the needs of Now it seems to me that, as we look since we are now experiencing a boom this Congress to work together. at this, one of the things that was very of wealth in our Nation. It is our re- Mr. SOLOMON. Mr. Speaker, I yield troubling to me, and I raised it last sponsibility to assure that we provide a myself such time as I may consume. night when the ranking minority mem- safety net for those who need it, rather Mr. Speaker, I just have to say, there ber of the Committee on the Budget than decide who should fall through it. they go again. I am one of these old- was in the Committee on Rules, was June 4, 1998 CONGRESSIONAL RECORD — HOUSE H4139 this idea of saying that any time that York (Mr. SOLOMON) has 131⁄2 minutes erpillar and a schoolteacher in the Jo- we look at the prospect of cutting remaining, and the gentleman from liet public schools. This Joliet Cat- taxes it has to be offset with a tax in- Massachusetts (Mr. MOAKLEY) has 14 erpillar machinist makes $30,500 a year. crease. I am not a big fan of this paygo minutes remaining. If he is single, under our current Tax provision, because we found that since Mr. MOAKLEY. Mr. Speaker, I yield Code, after the standard deductions we were able to reduce the top rate on 1 minute to the gentleman from New and exemptions, he is in the 15 percent capital gains what happened? We have Jersey (Mr. ANDREWS). tax bracket. If he meets and marries a generated a tremendous surge in reve- (Mr. ANDREWS asked and was given gal who is a public schoolteacher with nues to the Federal Treasury. permission to revise and extend his re- an identical income and they combine Mr. Speaker, 172 Democrats and Re- marks.) their incomes, under our Tax Code, if publicans joined with us in our quest to Mr. ANDREWS. Mr. Speaker, I thank they file jointly, their combined in- reduce that top rate on capital gains the gentleman from Massachusetts come of $61,000 after standard deduc- from 28 to 14 percent. We did not quite (Mr. MOAKLEY), the ranking member, tions and exemptions still makes them get there. But I am convinced that if for yielding me this time. pay more taxes. Almost $1,400 more we were to go even further we could Mr. Speaker, here we do go again. they pay under our Tax Code today. generate another level of revenues to After 30 years of partisanship and 30 That is wrong that the average work- the Treasury. years of red ink, I thought we learned ing married couple pays, on average, I think that what we need to do is we something in 1997. When the parties $1,400 more just because they are mar- need to have a cut in the payroll tax. 75 work together, they can balance the ried. And the Republican budgets percent of the American people pay budget, and we should all be proud that eliminate the marriage tax penalty. more in payroll taxes than they do in we did that in 1997. Think about it. For this couple in Jo- Federal income taxes. It seems to me There is a proposal that would build liet, this machinist at Caterpillar, this that we are now at least starting to get on that tradition. It was put forward public schoolteacher at the Joliet pub- back on the right track, countering by the gentleman from Minnesota (Mr. lic schools, $1,400 is real money. For what was said here at the State of the MINGE) and the gentleman from Texas some in Washington, $1,400 is a drop in Union message earlier. (Mr. STENHOLM). It deserves a hearing the bucket, but for this couple in Joliet Mr. Speaker, I urge support of this on this floor. It is not perfect. It may $1,400 is one year’s tuition at the local rule, and I urge support of the Kasich not even win majority support. I would community college at Joliet Junior budget that we will be moving forward support it, as I intend to support the College. $1,400 is 3 months’ day care in with. budget offered by the gentleman from the local day care center. That is real Mr. MOAKLEY. Mr. Speaker, I yield South Carolina (Mr. SPRATT), but it de- money for this machinist and school- 2 minutes to the gentlewoman from serves a hearing because it builds a teacher. North Carolina (Mrs. CLAYTON). bridge between the two parties, and it If we care for working families, let us Mrs. CLAYTON. Mr. Speaker, as we builds a bridge between this House and eliminate the marriage tax penalty. discuss our budget, we are really dis- the other body. Why? Because it is real money for real cussing the priorities that the Amer- We should reject this rule because people. And I think like I know a lot of ican people have for the utilization of this rule rejects our right to fully and my friends do, and it should be a bipar- its resources. And certainly any budget fairly debate all of the alternatives be- tisan concern. We should allow this discussion should include a variety of fore the American people. Reject this machinist and this schoolteacher to alternatives. Indeed, the majority de- rule. Give us a chance to debate all the keep more of what they earn. Is it fair nied one alternative which perhaps alternatives. that they pay a penalty because they could have met in a consensus of the Mr. DREIER. Mr. Speaker, I yield 3 are married? Of course not. Let us Members of this House on both sides. It minutes to the gentleman from Illinois eliminate the marriage tax penalty. There are three alternative budgets might not have been the one that I (Mr. WELLER). here. Even the one that was proposed wanted, but still we needed a full dis- Mr. WELLER. Mr. Speaker, I stand that was not listed that everyone keeps cussion of it. in support of the rule, of course, which referring to on the other side fails to I also rise to say that the proposal makes in order three alternative budg- address what should be our number one that we have here in terms of the Ka- ets tonight. Frankly, two of them seem priority this year, that is eliminating sich bill denies the bipartisan approach to me pretty good ideas. the marriage tax penalty. I urge adop- that we had when we had the balanced Both of them, one sponsored by the tion of the rule and the elimination of budget agreement of last year. This gentleman from Ohio (Chairman KA- the marriage tax penalty. SICH) and one by the gentleman from violates the principles of it. It violates Mr. MOAKLEY. Mr. Speaker, I yield Wisconsin (Mr. NEUMANN), they spend the undergirding caps of it. It has a 1 minute to the gentleman from South less, but they also make a number one black hole. We do not even know how Carolina (Mr. SPRATT), the ranking indeed we are going to finance the re- priority elimination of the marriage member of the Committee on the Budg- sources for paying for the transpor- tax penalty suffered by 42 million tax- et. tation bill, which is the bill of author- payers. The Democratic proposal Mr. SPRATT. Mr. Speaker, the gen- ity. And we know there ought to be a spends more, taxes more, and fails to tleman who just spoke said that our fire wall between the trust fund and address the marriage tax penalty suf- resolution, the substitute which I am this bill. It has many inconsistencies fered by 42 million taxpayers. offering on behalf of the Democratic that one would think one who would Let me explain why elimination of Caucus, makes no effort to mitigate want to be prudent in the spending and the marriage tax penalty is so very, the marital tax penalty, and that is caring for priorities would address. very important to 42 million taxpayers. not correct. For that reason, I urge that we reject Think about it. Do Americans feel that Section 11 says, it is the sense of the this rule, because it is not only unfair it is fair that under our current Tax Congress that the Committee on Ways but it is the wrong way to discuss the Code a married working couple pays and Means should undertake high-pri- priorities which will utilize the re- more in taxes just because they are ority tax relief of at least $30 billion sources of the American people, and it married? Do Americans feel that it is over 5 years and lists four things we certainly is unfair for us now to undo fair that 21 million married working would like to accomplish; and the what we did last year where we had a couples pay $1,400 more in higher taxes fourth is mitigate the Tax Code mar- balanced budget that indeed was craft- just because they are married than an riage penalties in a manner at least ed with a bipartisan approach. I urge a identical couple with identical incomes equal in scope to the 1995 tax relief pro- ‘‘no’’ on this vote. that live together outside of marriage? vision of H.R. 2491, which was a Repub- Mr. DREIER. Mr. Speaker, may I in- Americans back home in Chicago and lican bill. quire of the Chair how much time is re- the south suburbs feel that is wrong. We are endorsing that. Twice the maining? Let me give an example of a south sub- gentleman from Washington (Mr. The SPEAKER pro tempore (Mr. urban couple in the suburbs of Chicago, MCDERMOTT), a member of the Com- SUNUNU). The gentleman from New Joliet, a machinist who works at Cat- mittee on Ways and Means, has moved H4140 CONGRESSIONAL RECORD — HOUSE June 4, 1998 a marital tax mitigation bill. Twice members of our communities? The Repub- I urge my colleagues to think carefully when the majority on the committee have licans themselves have criticized the plan. they cast their votes this evening on H. Con. rejected it. Last year, he moved it in Senator DOMENICI in relation to the bill said Res. 284. It is critical that we consider fair- the Committee on the Budget, and they ``You just can't do this. This is just not a pos- ness, and compassion in making their deci- rejected it. We are calling for action sible solution and we [in the Senate] would not sions. We must provide adequate resources to this year in our resolution also. do it because we couldn't live with it in the ensure our America, our children a strong and Mr. MOAKLEY. Mr. Speaker, I yield waning days of the session.'' healthy future. 1 minute to the gentlewoman from If the Republicans themselves say they can- Mr. MOAKLEY. Mr. Speaker, I yield Texas (Ms. JACKSON-LEE). not live with the bill, how can our most needy 2 minutes to the gentleman from Texas (Ms. JACKSON-LEE of Texas asked and most vulnerable populations live with such (Mr. RODRIGUEZ). and was given permission to revise and a plan? The answer is that our children, our (Mr. RODRIGUEZ asked and was extend her remarks.) inner city poor, our single parents, will suffer given permission to revise and extend Ms. JACKSON-LEE of Texas. Mr. and unfairly, if this absurd Republican plan is his remarks.) Speaker, I thank the gentleman from passed. Mr. RODRIGUEZ. Mr. Speaker, in South Carolina (Mr. SPRATT) for let- The proposed Republican plan would termi- this budget resolution, why are we ask- ting us on the Democratic side of the nate all direct federal assistance to public ing our veterans to give up more than aisle come forward and acknowledge school districts in our poorest areas by repeal- they have already sacrificed? We that for a long time we have been ing Title I grants. It is shocking that the Re- looked in terms of the recommenda- fighting as well against the marriage publican plan cuts the discretionary education tions that were being brought up, and penalty, and I appreciate the gentle- program by $6 billion below last year's Bal- it was brought in terms of a ‘‘new vi- man’s clarification. anced Budget Agreement and $7 billion below sion.’’ It was presented as a ‘‘new vi- Mr. Speaker, we are here today be- our Democratic plan. sion.’’ cause the budget resolution of last year It will eliminate Americorps and the Legal Mr. Speaker, what kind of a new vi- was a bipartisan effort. But I will as- Services Corporation both which provide criti- sion is it? I cannot even imagine cut- sure my colleagues that I am not going cal assistance to may of our poor citizens who ting one of the following programs. to support this rule or any part of this need to secure housing, fair pay and a fair This new vision eliminates the cost-of- budget that cuts the entitlements of chance. living adjustments for education and people who are in need of some $56 bil- We must put the health and welfare of our service-connected veterans benefits. It lion. Entitlements including $12 billion people, our families, our communities first. eliminates the cost-of-living adjust- in Medicaid, $10 billion in temporary The Republican plan would freeze WIC, and ments for low-income wartime veter- assistance for needy families. head start at 1998 funding levels for 5 years, ans who receive a pension. It elimi- The proposed Republican plan would as well as section 8 Housing causing at least nates dependent benefits for veterans terminate all direct Federal assistance a million households to lose federal vouchers whose service-connected disabilities to public schools in our poorest areas, and certificates by 2003. are rated at 30, 40, and 50 percent. It particularly repealing Title 1 grants. It In fact 14 percent of the Mandatory cuts eliminates compensation for veterans is as well shocking that the Republican come from low income programs, hitting those with service-connected disabilities plan guts the discretionary education who need the funding the most. Our families rated at 10 percent. program by $6 billion. We who claim to who need food stamps for their basic nutri- Is that the new vision that the ma- be in support of family values, we who tional needs, welfare to work and social serv- jority is presenting? Is this the vision claim to be in support of children, and ice programs, will lose their tentative grip on that goes after those individuals who yet we are cutting some $28.7 million self-sufficient independent living when all have fought for our country? Again, from the State of Texas Child Family these are erased. Combined with the pro- even if such drastic benefits reductions Services. Child Care and Adult Protec- posed $12 billion worth of cuts in Medicaid/ have changed and continue to be made, tive Services will be reduced by $8.89 Children's Health Insurance Program, almost we would still have met less than half million, and the Texas Workforce Com- 49% of the Republican's mandatory cuts hit of the savings required under the Budg- mission will be cut by $340,000. programs for the poor and near poor, even et Resolution. Mr. Speaker, let me say this is a bad though these programs constitute only about The Committee on Veterans’ Affairs bill. I urge my colleagues to vote one-fifth of all entitlements. has done its fair share through the era against the rule and vote against the In the President's state of the Union ad- of downsizing and cutbacks. I find it budget as well. dress, he proposed initiatives in child care, profoundly unfair that at this time we Mr. Speaker, I rise today to voice my con- health care and education, yet, the Repub- come back and hit those individuals cerns about H. Con. Res. 284, the House licans in Budget Committee voted to reject that have fought for our country. We Budget Resolution. I strongly object to the every single initiative, even the most inexpen- are asking to cut $10.4 billion total Budget that has been proposed by the Repub- sive. We have a responsibility to provide for from veterans service. lican leadership. our nation's futureÐand all the people who At this time, I ask Members to vote I believe that the hope and future of this need services to survive and to thrive. against the rule and consider reassess- country depends on its children, and this In my home state of Texas, proposed cuts ing that warped vision that they have. Budget Resolution does not provide our young in the Social Services Block Grant will result in Mr. DREIER. Mr. Speaker, I yield 3 people with the access to child care, health a loss to the State of Texas of approximately minutes to the gentleman from Michi- care and education that they deserve and $28.7 million. Child and Family Services, Child gan (Mr. SMITH), the hard-working need to become healthy and independent Care Regulation and Adult Protective Services member of the Committee on the Budg- members of our workforce and communities. will be reduced by $8.89 million from the et with his very impressive chart. The Republican plan misses every oppor- amount they currently receive, and the Texas Mr. SMITH of Michigan. Mr. Speak- tunity to make constructive investments in our Workforce Commission which receives 1.2% er, I am a farmer from Michigan and future to improve our government's services of the Texas allocation and supports child care seems to me we need to get the budget and benefits for our citizens who need it most. for low income families will be cut by 17% or hay out of the mow and down on that The Republican plan cuts entitlement by $56 $340,000. The Department of Human Services barn floor where we can chew on it a billion dollars. Entitlements including $12 Bil- providing Family Violence and Community little bit. lion in Medicaid, $10 Billion in Temporary As- Care Services will lose 14.34 million dollars. This graph represents what has been sistance for Needy Families! In Harris County where I live, poverty has happening to spending in this country. This is a travesty! How can we say that we increased 42%, and 240 thousand children are There has been a lot of complaints care about the health and welfare of our fu- living in poverty, and 30,000 families are on from liberals that would like to spend ture, about our children's health when we re- the waiting list for child care assistance. Child more, have government bigger and move poor children's access to crucial health abuse and neglect accounts for 20% of all solve more problems in Washington. Of care? children's homicides in the county, and only course that would mean increase taxes And what about our children's chances for 42.7% of all the children who were abused in or increase borrowing. education, for advancement, for their chance Harris County actually received any thera- This chart shows that, in 1994, we to be respected, learned and contributive peutic services. were spending about $1.4 trillion. By June 4, 1998 CONGRESSIONAL RECORD — HOUSE H4141 2003, the last year of this new 5-year we were on in the 104th Congress that comes up in my district all the time. budget, we are going to be spending $1.9 led to two government shutdowns. Why My constituents are not confused by trillion, over a 30 percent increase in are we doing this again? the issue at all. They understand that spending. Spending even on this budget When you look at this budget resolu- the budget can be called balanced only increases almost twice as fast as infla- tion, you realize that this budget can- when one includes the monies from the tion. not pass, that we cannot reach agree- various trust funds, most notably So- In the final year of this budget, in ment on its specifics nor its cumu- cial Security. They also understand the fifth year, 2003, we are spending lative impact. For example, $3.3 billion that when Social Security monies are about $1.9 trillion. If we followed the is cut from the Federal Employees removed from the mix, the surplus President’s and the Democrats’ rec- Health Benefits Plan. CBO estimates evaporates and the Federal budget is ommendations, we would be spending that means Federal employees, instead actually in deficit to the tune of nearly $67 billion more in that 1 year alone. of paying 28 percent for their health in- $100 billion a year for the indefinite fu- b 2215 surance which they do now, in 7 years ture. will be paying 50 percent of their The Blue Dog budget operates from The question before us is do we want health insurance premiums. Last year the realities that I just mentioned. But bigger government or more efficient we took $5 billion away from Federal this rule deprives the public of the op- government? Do we want more taxes or employees, and we said in return we portunity to hear debate on that pro- fewer taxes? Do we want to continue are going to at least provide health in- posal. Why do not the folks at home borrowing or pay down debt? What has surance security, then this year we trust us? Maybe it is because of deci- brought about economic vitality is the take it away from them. How are we sions like that. fact that government is borrowing less going to provide the kind of quality If the chairman is concerned about money. professional Federal work force that our credibility out there in the real Now, through these years shown on we need when we cannot retain and re- world, he should reconsider this budg- this chart, we are also going to experi- cruit people, when we cannot even keep et. Why? Well, first, it does not add up. ence the largest surplus in our history. our promises? You have heard about a $5 billion hole In some of these years tax revenues are Throughout this budget we have got that has not been fixed as this budget increasing four times the inflation the very kinds of things we encoun- has proceeded. You have heard about rate. So if we want to help American tered in the 104th Congress, things that double counting the cuts, and about families, if we want to stimulate the are going to create problems through- sleight of hand which makes us pretend economy, if we want to make it easier out the rest of this term, things that that decisions like the transportation for working families to spend more are bound to create problems within bill and the food stamp decision earlier time with our children, we need to con- our appropriations bills and are going this evening do not really exist. It all tinue tax cuts. Let us also look at to put us in the very same situation ignores reality. And the gentleman starting to pay down the debt of this that caused us to shut down the gov- from Ohio (Mr. KASICH) is surprised government. ernment. We should not be on this that the public does not trust us. As we look back over past years, I path. We should be finding a way to They have also said it is just 1 per- think it is fair to say that some of us reach agreement. The Stenholm-Minge cent, anybody can take a 1 percent cut, have been determined to reduce the budget resolution would have enabled which of course is meant to lead people size of this government, reduce taxes us to do that. That is why it is not part into believing that all programs will and try to make this huge bureaucracy of this rule. That is why we should op- share equally in the cuts. It is not true. more efficient. One way to make this pose this rule. What we ought to be Two-thirds of all the spending we do government more efficient is to tight- doing is trying to find reconciliation will not be part of these reductions. en the purse strings. If there is any op- instead of trying to foment division. Let us take a look at what will hap- eration in the United States that has When you look at what we do to de- pen over the next five years, starting opportunity to be more efficient and at pendent groups, whether it be veterans, with before the balanced budget agree- the same time provide more and better whether it be Federal employees, ment started. We find a 21.2 percent cut services to the American people, it is whether it be people dependent on in international affairs in the face of the Federal government. Medicare or the people that are af- an increasingly perilous world, 30 per- I hope that we all appreciate the fact fected by welfare reform, or children cent in housing, 16 percent in regional that there are better and more efficient stuck in inferior education systems— and community development 2 percent ways to spend taxpayers moneys. There all of them get hurt far more than our in transportation, 12 percent, 1 percent. are better ways to serve the citizens of constituents would want. Vote against It is not so, and we wonder why people the United States. Even this budget this budget rule and the budget resolu- do not trust us. that has been critized for not spending tion. Mr. DREIER. Mr. Speaker, I yield 3 enough, increases spending twice the Mr. MOAKLEY. Mr. Speaker, I yield minutes to the gentleman from Ari- rate of inflation. In the early 1990s, we 2 minutes to the gentlewoman from zona (Mr. HAYWORTH), my favorite had budgets that increased over 9 per- Michigan (Ms. RIVERS). play-by-play sportscaster. cent a year. This budget increase (Ms. RIVERS asked and was given Mr. HAYWORTH. Mr. Speaker, I spending 2 to 3 to 4 percent a year. In permission to revise and extend her re- thank my colleague from California for conclusion, let us reduce the growth in marks.) yielding me this time. spending, reduce taxes, and reduce the Ms. RIVERS. Mr. Speaker, during the This is not a game nor an athletic public debt and start saving Social Se- budget hearing the gentleman from event, nor an exercise in partisan poli- curity. We can do that by supporting Ohio (Mr. KASICH) made an amazing tics. My friend from Michigan who pre- this rule and supporting this budget. statement. He said, ‘‘I know that most ceded me in the well wondered aloud Mr. MOAKLEY. Mr. Speaker, I yield Americans, interestingly enough, do why people do not trust us. There is a 2 minutes to the gentleman from Vir- not believe that we are actually going fundamental reason for the cynicism, ginia (Mr. MORAN). to have a balanced budget. We are Mr. Speaker. The distrust comes be- Mr. MORAN of Virginia. Mr. Speak- going to have a balanced budget, but cause when we are given an historic op- er, I rise in opposition to the rule and they don’t believe it. So not only don’t portunity to rein in the growth of gov- the budget resolution because again we they believe it is going to be balanced, ernment, not to radically cut spending are playing politics more than bal- they do not believe there is going to be but to rein it in and reduce its size, ancing budgets. Why, for example, did a surplus.’’ sadly we hear the familiar litany of not the rule allow the Stenholm-Minge Now I call that amazing, not because fear and smear and that the sky is fall- budget to be considered? The reason it the public does not trust us, but be- ing in and that there will be those who did not was because it probably would cause the gentleman from Ohio (Mr. will bear the brunt of these cuts. have passed, because it is virtually KASICH) seemed surprised by the fact Mr. Speaker, I am serving my second identical to the Senate budget resolu- that the public does not trust us. Bal- term in this body, and one thing I tion. Instead we are on the path that ancing the budget and the surplus know about a budget statement is that H4142 CONGRESSIONAL RECORD — HOUSE June 4, 1998 it is a road map, a statement of prin- shoring up the long-term financial lieve that staying the course on the ciples that sets a goal. As we all know, health of the entire Social Security budget agreement until we balance the we go through the appropriations proc- system. By cutting Medicaid $12 bil- budget, without relying on the Social ess to decide how money is to be spent. lion, we miss opportunities to expand Security trust fund, is a greater prior- So all the talk about all the cuts and health care access for children through ity. all the fear is just talk. the Children’s Health Insurance Pro- Our amendment would have saved 100 Mr. Speaker, that is why a group who gram. This is a very important invest- percent of the projected unified budget used to control this body no longer ment for our country. The budget tar- surplus for Social Security and rec- does. That is why the American people gets steep cuts on nondefense programs ommend the unified budget surplus be and my constituents in the 6th District which are investments which pay off reserved to fund the cost of Social Se- say something very simple. For the for us. curity reform legislation. Our budget last half century, they have been called Once again, when some Members reaffirmed the principle that budget on time and time again to sacrifice so want to look like budget hawks, it is discipline should be maintained until that Washington could spend more. the family, the working families of the budget is balanced without relying They tell me overwhelmingly and re- America, the poor, the young and the on the annual surplus in the Social Se- soundingly, it is time for Washington old who are their prey. But the pro- curity trust fund. Our budget was based to sacrifice so that working families grams, the investments that we should on the principle that the numbers in can keep more. be making in Medicare, Medicaid, the our budget should be honest and realis- That is the essence of the debate to- Earned Income Tax Credit, food tic. That is where our budget differs night, to restore trust in this process stamps, education and many other the most from the budget reported by and to restore fiscal sanity and to vital initiatives would all be cut sub- the committee, especially with the maintain spending at more than the stantially. changes in the manager’s amendment. rate of inflation, certainly not draco- Today we need a spending plan, an Our budget incorporated the changes nian cuts. Reasonableness and common investment plan that protects Social in the ISTEA bill, BESTEA bill and the sense demand that we support the rule Security, health and education, a budg- agricultural research bill as estimated and support the budgetary process to et that attends to our domestic and paid for by CBO in order to provide offer this sensible road map to improve strength and security as well as our a credible budget blueprint that re- and to build upon what was done be- international strength, and it must be flects the realities of this body. We do fore, not to be locked into stagnation done in a fiscally sound way. I urge my not reopen Medicare, Medicaid, Federal or into a revisionist history that would colleagues to oppose the rule and the retirement and other mandatory pro- say that tax increases are laudable and budget resolution. grams for additional reductions. We did desirable, not to continue with the Mr. MOAKLEY. Mr. Speaker, I yield not double count savings as the major- mistaken notion that if we only spend the balance of my time to the gen- ity does tonight in the resolution they more and if we only tax more and if we tleman from Texas (Mr. STENHOLM), bring before us. We do not rely on un- only ask more of the American people, elder statesman of the Blue Dog Cau- specified spending cuts mainly then that is the key to nirvana or suc- cus. backloaded until 4 or 5 years from now cess. No, nothing could be further from The SPEAKER pro tempore (Mr. in order to pay for a tax cut up front. the truth. SUNUNU). The gentleman from Texas Mr. SOLOMON, there you go again. I The fact is that the minority should (Mr. STENHOLM) is recognized for 4 min- remember down the road that magic stand with us and improve upon that utes. asterisk in David Stockman’s budget historic agreement by stepping forward (Mr. STENHOLM asked and was given that you and I both voted for and we to say, let us live within reasonable permission to revise and extend his re- are doing it again tonight with this limits, for those reasonable limits offer marks.) resolution and I am not going to give credit to the gentleman from Ohio (Mr. true compassion that working families b 2230 understand and offer that restoration KASICH) for this because I know he is of trust so vital across this country. Mr. STENHOLM. Mr. Speaker, I rise not for doing what the Speaker has or- Mr. MOAKLEY. Mr. Speaker, I yield in strong opposition to this rule be- dered somebody to do. 2 minutes to the gentlewoman from cause of its unfair treatment of the We hear a lot of rhetoric around here California (Ms. PELOSI). Blue Dog budget. We have heard a lot about free speech. Well, free speech ap- Ms. PELOSI. Mr. Speaker, I thank of rhetoric tonight about what is or is parently does not apply to action on the distinguished gentleman for yield- not in anybody’s budget. Some of it has this House floor when it comes to hav- ing me the time. been true. Some of it has been stretch- ing alternatives considered and an hon- I rise in opposition to the rule and to ing. The Blue Dog budget that we est debate, an honest debate between a the budget resolution; in opposition to wanted to offer and have a chance for little different idea between the major- the rule because it deprives this body an honest and open debate on would ity and the minority. of the opportunity to debate other al- have moved us toward a consensus by I do not understand what you fear. I ternatives, for example, the Blue Dog narrowing the differences in this body fear that every dog in America is going budget. instead of dividing us as we are hearing to wake up tomorrow morning a Demo- Mr. Speaker, I believe that our budg- tonight. The Blue Dogs tried to find a crat. I hope he will. Because we are dis- et should be a statement of our na- reasonable, realistic alternative to the criminating against dogs. The CATS tional values. But in the budget bill be- budget resolution based on a simple got their amendment, the Conservative fore us the priorities and values are se- philosophy. When you have a game Action Team. They said, ‘‘You bet, riously askew. This budget plan is cow- plan that is working, you should stick come on the floor, debate your idea.’’ ardly and irresponsible. It is cowardly with it. But the Dogs, ‘‘No, you can’t have your because it masks the deep cuts it would Unlike the President’s budget, we did time on the floor.’’ That is wrong. That make in education, health and nutri- not think it was wise to reopen the is wrong. tion programs by providing few details budget agreement for new, major We should defeat this rule. We should about which programs will be spending initiatives. Unlike the major- allow the Blue Dogs and others to have downsized and defunded. This budget is ity’s resolution, we did not think it our opportunity to debate our idea in a irresponsible because it violates the was wise to call for another round of free and open debate. This rule will carefully crafted budget agreement spending cuts until we have enacted shut down the Blue Dogs’ opportunity that everyone is paying homage to here the spending cuts we said we were to debate our idea. What are they tonight, but this budget violates that going to do in the last year’s balanced afraid of? Why not let us have an op- carefully crafted budget agreement budget agreement. portunity to have our day in court. which passed the Congress last year. We support tax cuts, including the Mr. DREIER. Mr. Speaker, to close This budget today dedicated budget abolition of the marriage penalty. And the debate on our side, I yield the bal- surpluses to untested private accounts we agree with many of the initiatives ance of my time to the gentleman from for Social Security, when we should be in the President’s budget. But we be- Minnesota (Mr. GUTKNECHT) a member June 4, 1998 CONGRESSIONAL RECORD — HOUSE H4143 of the Committee on the Budget who is even be some people on this side of the Largent Paxon Shimkus Latham Pease Shuster neither a CAT nor a Dog. aisle who say, ‘‘You can’t do that.’’ But LaTourette Peterson (PA) Skeen The SPEAKER pro tempore (Mr. I will flat guarantee you that out in Lazio Petri Smith (MI) SUNUNU). The gentleman from Min- middle America, most Americans be- Leach Pickering Smith (NJ) 1 Lewis (CA) Pitts Smith (TX) nesota is recognized for 4 ⁄2 minutes. lieve that you can tighten this belt one Mr. GUTKNECHT. Mr. Speaker, I Lewis (KY) Pombo Smith, Linda notch. That is all we are asking for. Linder Porter Snowbarger thank the gentleman from somewhere I submit this rule is fair. We will Livingston Portman Solomon in California for yielding me this time. have a thorough debate of three dif- LoBiondo Pryce (OH) Souder Mr. Speaker, I was thinking about Lucas Quinn Spence ferent alternatives. But in the end, Mr. Manzullo Radanovich Stearns this debate, and what we have been Speaker, I will suggest to my col- McCollum Ramstad Stump doing for the last several months in leagues that the Kasich budget, it is McCrery Redmond Sununu talking about the budget. I was trying fair, it is reasonable, it is responsible, McHugh Regula Talent to figure out what I could say tonight McInnis Riggs Tauzin and frankly it is long overdue. I think McIntosh Riley Taylor (NC) and to my colleagues and to my con- we ought to approve the rule, we ought McKeon Rogan Thomas stituents about this budget. But I was to vote for the Kasich budget and we Metcalf Rogers Thornberry listening to the debate earlier. It was Mica Rohrabacher Thune ought to send a clear message to Amer- Miller (FL) Roukema Tiahrt interesting because it almost seems ica that yes, we can tighten this nine Moran (KS) Royce Traficant like deja vu. Have we not been here be- foot belt simply one notch. Myrick Ryun Upton fore? Have we not had this debate be- The SPEAKER pro tempore. The gen- Nethercutt Salmon Walsh fore? With people saying, ‘‘You can’t do Neumann Sanford Wamp tleman from California (Mr. DREIER) Ney Saxton Watkins that. You can’t eliminate 300 programs. has 30 seconds remaining. Northup Scarborough Watts (OK) You can’t balance the budget and pro- Mr. DREIER. Mr. Speaker, with that Norwood Schaefer, Dan Weldon (FL) vide tax relief. You can’t reform wel- Nussle Schaffer, Bob Weldon (PA) I would like to urge support of this Oxley Sensenbrenner Weller fare. You can’t require able-bodied peo- rule. Packard Sessions White ple to work.’’ We did all of those Mr. Speaker, I yield back the balance Pappas Shadegg Wicker things. And the budget is now bal- Parker Shaw Wolf of my time, and I move the previous Paul Shays Young (FL) anced. We have come so far. Now they question on the resolution. are saying, ‘‘Well, you can’t reduce the The previous question was ordered. NAYS—197 rate of growth in Federal spending by 1 The SPEAKER pro tempore. The Abercrombie Gejdenson Millender- percent and eliminate the marriage Ackerman Gephardt McDonald question is on the resolution. penalty tax.’’ They are saying, ‘‘You Allen Goode Miller (CA) The question was taken; and the Andrews Gordon Minge can’t do that.’’ Baesler Green Mink I was trying to think, how can we use Speaker pro tempore announced that the ayes appeared to have it. Baldacci Gutierrez Moakley some kind of a prop or some kind of an Barcia Hall (OH) Moran (VA) analogy to demonstrate what this de- Mr. MOAKLEY. Mr. Speaker, I object Barrett (WI) Hall (TX) Morella Becerra Murtha bate is all about. Finally, I came upon to the vote on the ground that a Hamilton quorum is not present and make the Bentsen Hastings (FL) Nadler it. I asked my staff to go out and see if Berman Neal point of order that a quorum is not Hefner they could not find a nine foot belt. We Berry Hilliard Oberstar could not find a nine foot belt. What we present. Bishop Hinchey Obey The SPEAKER pro tempore. Evi- Blagojevich Hinojosa Olver found was three belts. We put them all Blumenauer Ortiz dently a quorum is not present. Holden together. It is nine feet long. Every Bonior Hooley Owens foot of this belt represents $1 trillion. The Sergeant at Arms will notify ab- Borski Hoyer Pallone Boswell Pascrell That is how much the Federal Govern- sent Members. Jackson (IL) Boucher Jackson-Lee Pastor ment is going to spend over the next 5 The vote was taken by electronic de- Boyd Payne vice, and there were—yeas 216, nays (TX) years, $9 trillion. Anywhere you go, Brady (PA) Jefferson Pelosi Brown (CA) Peterson (MN) 197, not voting 20, as follows: John whether it is in Texas, whether it is in Brown (FL) Pickett Johnson (WI) Ohio, in Minnesota, Michigan, wher- [Roll No. 205] Brown (OH) Pomeroy Johnson, E. B. Capps Poshard ever you go, I think everyone will YEAS—216 Kanjorski Cardin Price (NC) agree that $9 trillion is a lot of money. Aderholt Collins Kaptur Goodlatte Carson Rahall Archer Combest Kennedy (MA) What the Committee on the Budget Goodling Castle Rangel Armey Cook Kennedy (RI) has come up with is a fairly simple Goss Clay Rivers Bachus Cooksey Kennelly Graham Clayton Rodriguez plan. They said if we could get the Fed- Baker Cox Kildee Granger Clement Roemer eral Government, if we could get our Ballenger Crane Kilpatrick Greenwood Clyburn Rothman Barr Crapo Kind (WI) colleagues on the Committee on Appro- Gutknecht Condit Roybal-Allard Barrett (NE) Cubin priations to simply tighten this belt Hansen Costello Kleczka Rush Bartlett Cunningham Hastert Coyne Klink Sabo one notch, one notch, we can eliminate Barton Davis (VA) Hastings (WA) Cramer Kucinich Sanchez Bass Deal that marriage penalty tax. As earlier Hayworth Cummings LaFalce Sanders Bereuter DeLay the gentleman from Illinois (Mr. Herger Danner Lampson Sandlin Bilbray Diaz-Balart Hill Davis (FL) Lantos Sawyer WELLER) said, this affects about 21 mil- Bilirakis Dickey Hilleary Davis (IL) Lee Scott lion couples and they pay a penalty of Bliley Doolittle Hobson DeFazio Levin Serrano Blunt Dreier about $1,400 per family. Everyone that Hoekstra DeGette Lipinski Sherman Boehlert Duncan spoke tonight has said that is wrong, it Horn Delahunt Lofgren Sisisky Boehner Dunn Hostettler DeLauro Lowey Skaggs is bad tax policy, it is bad family pol- Bonilla Ehlers Houghton Deutsch Luther Skelton Bono Ehrlich icy, and frankly it is downright im- Hulshof Dicks Maloney (CT) Slaughter Brady (TX) English moral that we require married couples Hunter Dingell Maloney (NY) Smith, Adam Bryant Ensign Hutchinson Dixon Manton Snyder to pay a higher tax than if they lived Bunning Everett Hyde Doggett Markey Spratt together without the benefit of mar- Burr Ewing Inglis Dooley Mascara Stabenow Burton Fawell riage. And so all we are asking tonight Istook Doyle Matsui Stenholm Buyer Foley is for our friends on the Committee on Jenkins Edwards McCarthy (MO) Stokes Callahan Forbes Johnson (CT) Emerson McCarthy (NY) Strickland Appropriations, and if we work to- Calvert Fossella Johnson, Sam Eshoo McDermott Stupak Camp Fowler gether on a bipartisan basis, I believe, Jones Etheridge McGovern Tanner Campbell Fox and frankly I will guarantee you 98 per- Kasich Evans McHale Tauscher Canady Franks (NJ) Kelly Farr McIntyre Taylor (MS) cent of the people who might be watch- Cannon Frelinghuysen Kim Fattah McKinney Thompson ing this on C–SPAN will agree that we Chabot Gallegly King (NY) Fazio McNulty Thurman Chambliss Gekas can get ourselves to tighten this nine Kingston Filner Meehan Tierney Chenoweth Gibbons foot belt simply one notch. Klug Ford Meek (FL) Torres Christensen Gilchrest Knollenberg Frost Meeks (NY) Towns I know there are people on this side Coble Gillmor Kolbe Ganske Menendez Turner of the aisle, in fact, I think there may Coburn Gilman LaHood H4144 CONGRESSIONAL RECORD — HOUSE June 4, 1998 Velazquez Watt (NC) Wise tion 455 and rule XXIII, the Chair de- ride into the next century and break Vento Waxman Woolsey Visclosky Wexler Wynn clares the House in the Committee of the monopolies and trusts of the Fed- Waters Weygand the Whole House on the State of the eral Government so that people can be Union for the consideration of the con- set free and that we can begin to run NOT VOTING—20 current resolution, H.Con. Res. 284. America from the bottom up, rather Bateman Hefley Schumer than from the top down. Conyers Lewis (GA) Smith (OR) b 2300 Engel Martinez Stark Whether it is more choice for parents Frank (MA) McDade Whitfield IN THE COMMITTEE OF THE WHOLE in education or whether it is to allow Furse Mollohan Yates Accordingly, the House resolved communities to set the rules and the Gonzalez Reyes Young (AK) itself into the Committee of the Whole Harman Ros-Lehtinen standards in public housing and in job House on the State of the Union for the training or whether it is ultimately to b 2257 consideration of the concurrent resolu- set Americans free, to be able to invest So the resolution was agreed to. tion (H.Con. Res. 284) revising the con- payroll taxes, to be able to prepare for The result of the vote was announced gressional budget for the United States their retirement years, or whether it is as above recorded. Government for fiscal year 1998, estab- beginning to break down that big A motion to reconsider was laid on lishing the congressional budget for money-raising machine called the Fed- the table. the United States Government for fis- eral Tax Code that props up the monop- cal year 1999, and setting forth appro- f olies of the Federal Government, our priate budgetary levels for fiscal years efforts are to make this city a lot less GENERAL LEAVE 2000, 2001, 2002, and 2003, with Mr. important, to make this city and gov- GILCHREST in the chair. Mr. DREIER. Mr. Speaker, I ask ernment a lot more efficient and a lot The Clerk read the title of the bill. more effective, and to make the budget unanimous consent that all Members The CHAIRMAN. Pursuant to the may have 5 legislative days in which to of government a lot smaller and the rule, the concurrent resolution is con- budget of the family a heck of a lot revise and extend their remarks on the sidered as having been read the first resolution just passed. bigger. time. Now, we reached this historic agree- The SPEAKER pro tempore (Mr. General debate shall not exceed 3 ment last year. This budget agreement, SUNUNU). Is there objection to the re- hours, with 2 hours confined to the con- historic only from the standpoint we quest of the gentleman from Califor- gressional budget, equally divided and have not achieved this in over 30 years, nia? controlled by the chairman and rank- we viewed that agreement as a ceiling There was no objection. ing member of the Committee on the on government; not a floor of the f Budget, and 1 hour on the subject of growth of government, but a ceiling on economic goals and policies, equally di- REPORT ON RESOLUTION PROVID- government. The President, however, vided and controlled by the gentleman ING FOR CONSIDERATION OF and many of my colleagues on the from New Jersey (Mr. SAXTON) and the THE SENATE AMENDMENTS TO other side of the aisle, viewed the gentleman from California (Mr. H.R. 2709, IRAN MISSILE PRO- agreement last year as a floor on gov- STARK), or their designees. LIFERATION SANCTIONS ACT OF ernment and not a ceiling. The gentleman from Ohio (Mr. KA- Now, can you imagine, with an Amer- 1997 SICH) and the gentleman from South ican people, an American electorate Mr. DREIER, from the Committee on Carolina (Mr. SPRATT) each will con- that has very little confidence in the Rules, submitted a privileged report trol 1 hour of debate on the congres- fact that we can get a balanced budget, (Rept. No. 105–566) on the resolution (H. sional budget. that the President came up here to Res. 457) providing for the consider- The Chair recognizes the gentleman Capitol Hill and he announced a pro- ation of the Senate amendments to the from Ohio (Mr. KASICH). gram that would increase fees and bill (H.R. 2709) to impose certain sanc- Mr. KASICH. Mr. Chairman, I yield taxes by $130 billion? Think about that. tions on foreign persons who transfer myself such time as I may consume. The President of the United States, items contributing to Iran’s efforts to Mr. Chairman, I want to, first of all, who declared the era of big government acquire, develop, or produce ballistic begin by talking about the fact that over, within a period of 6 months after missiles, which was referred to the last year we were as a Congress able to we signed an agreement and he de- House Calendar and ordered to be reach an historic agreement that is clared the end of the era of big govern- printed. going to be able to achieve for the first ment, comes to the House, comes to f time since we walked on the moon a the House and proposes $130 billion balanced budget. We also anticipate worth of new tax increases. And that REPORT ON RESOLUTION PROVID- that in the course of this year we will was not enough, because the tax in- ING FOR FURTHER CONSIDER- have a surplus. It will be generated pri- creases were going to fund $150 billion ATION OF H.R. 2183, BIPARTISAN marily from the Social Security taxes worth of new spending. CAMPAIGN INTEGRITY ACT OF as part of the budget. And next year, I The President of the United States 1997 am going to predict tonight, we will raises taxes by $130 billion and raises Mr. DREIER, from the Committee on see a surplus in the general fund. spending by $150 billion. He has 39 new Rules, submitted a privileged report I think it was a significant accom- entitlement programs. I hear so many (Rept. No. 105–567) on the resolution (H. plishment that we were able to move to of my friends talk about the need to Res. 458) providing for further consider- do something we have not done since control entitlement programs. He has ation of the bill (H.R. 2183) to amend we landed on the moon, but, frankly, 39 new ones. the Federal Election Campaign Act of maybe I need to let you in open a little I never heard a peep, never heard a 1971 to reform the financing of cam- secret: Our effort here was really never peep out of the minority when Frank- paigns for elections for Federal office, just to balance the budget. Our effort lin Raines came up here to present this and for other purposes, which was re- here was really to transfer power, President’s budget. In fact, the budget ferred to the House Calendar and or- money and influence from this city resolution that the Democrats offer dered to be printed. back to where people live, in every will provide for bigger government, community and every family in Amer- f breaking the spending caps, and having ica. a philosophy that ‘‘we like govern- b 2300 Mr. Chairman, Teddy Roosevelt rode ment.’’ into this century with the idea that he At the same time that the President CONCURRENT RESOLUTION ON should break the monopolies of the big proposed $150 billion in new spending THE BUDGET FOR FISCAL YEAR corporations so that people could be and $130 billion in new taxes and 39 new 1999 set free to be successful. Well, I believe entitlement programs, we also devel- The SPEAKER pro tempore (Mr. and the members of the Committee on oped 85 new spending schemes. This is SUNUNU). Pursuant to House Resolu- the Budget believe that we ought to the President that said the era of big June 4, 1998 CONGRESSIONAL RECORD — HOUSE H4145 government was over. But, you know, grams that we have not had the guts to transfer power, money and influence he could not really stay with it, be- dig in and begin to fix. And what we from government back into the hands cause too many people in his party be- are asking is we cannot get all of this of the American people because we lieve in running America from the top accomplished this year, to fix all of trust them and we believe in them. And down. this, but what we are saying is, we can we are going to work on this every sin- There is nothing wrong with some- find a penny out of every dollar. We gle day. body that feels that way. I just think can live with only $9 trillion in spend- To my Republican colleagues, when that we all know across this country, ing. And out of those savings, those you go home tonight, I want you to outside of this Beltway, in most com- savings that every American knows is think about why we came to power. I munities, it does not work anymore. there, we can eliminate the marriage want you to think about the fact that What we are really trying to do is to penalty for the 22 million Americans this party has always been committed empower people and take power, take who get penalized because they decided to reducing the size and scope of the power from this city and give it back to get married. government budget, empowering people to people all across this country. You know, the wife goes out to get a at the local level. Now, what are we asking to do in this job, and all of a sudden she is paying at b 2315 budget resolution? I heard the whole the high marginal rate. She is paying litany, the whole litany of all these I want you to think about coming at the higher tax rate. She is being here tomorrow and supporting this. things we were going to do. punished because her husband may Mr. Chairman, over the next 5 years, But I am going to tell you, every single earn more than her. day that I am involved in government the Federal Government is slated to We want to fix that. Do you know spend $9.1 trillion. Do you know what and in community activities, I am why we want to fix that? We want to going to fight the fight to give you the we are asking in our budget resolution fix that because we know that the fam- for the government to strain under the power, the American people the power ily is the incubator of everything good to solve the problems that they know yoke of? Instead of spending $9.1 tril- that happens in our society. And we lion over the next 5 years, and, by the how to solve best. look around at the tragedies that we I urge support for the resolution and way, in the last 5 years we spent $7.8 have seen in this country over the pe- would look forward even to maybe a trillion, we are going to go from $7.8 riod of the last couple of years, and we couple of my friends on the other side trillion in the last 5 years to $9.1 tril- hold our breath, and you know what we of the aisle supporting this resolution. lion in the next 5 years, and we are all know? We need better families to Mr. Chairman, I reserve the balance suggesting that we really tighten our provide more love, more hope, more of my time. belt and we really restrain ourselves discipline. Mr. SPRATT. Mr. Chairman, I yield and we spend only $9 trillion to run But do Members know what? Fami- myself 6 minutes. this Federal Government. lies are hurting. Tax rates are going to Mr. Chairman, my good friend, the Do you know what that works out be at the highest level and revenues are gentleman from Ohio (Mr. KASICH), the to? Talk about deja vu all over again. going to flow in at the highest level chairman of our committee, is an effec- Tim Penny and I came to this floor in since World War II. tive speaker, so effective that, in lis- a bipartisan effort, the same way the Look, this is just an honest disagree- tening to him, you would hardly per- President and I got together on the ment among some of us about the way ceive how far we have come in the 1990s budget agreement last year, and we we think America ought to work. I do and particularly since 1993 in coming proposed that we save 1 penny on every not begrudge the fact that 50 years ago to grips with what was the most com- dollar. Do you know why? Because the in the middle of the Great Depression pelling problem facing the Federal President raised taxes in 1993, and Tim that it was necessary for us to send a Government, a huge, swelling deficit Penny came to this floor and said we lot of our power, money and influence that we seemed not to be able to get should have some cuts. One penny on to Washington to fix some of the big- our hands around. every dollar. Really, the first step we took was in gest problems, including civil rights Now, I am going to ask a question: 1990, when Mr. Bush was the President Do Members not think they can go and some of the gaps in education. But do you know what I hear people of the United States. He submitted to a home and tell people that the Federal budget summit. It was convened at An- saying? I hear people saying, I am tired Government cannot become more effi- drews Air Force Base, and it went on of the country being run from the top cient and more effective and save one and on and on and finally came to a down. I want to be involved in solu- penny on every dollar in Federal spend- resolution that fall. We voted on it tions that are located in my own com- ing over the next 5 years and cannot twice on the House floor. live within a budget of $9 trillion, rath- munity. I want to break the monopo- The first, it was voted down for lack er than $9.1 trillion? lies of government. I want to be set of support on this side of the aisle. We Because you know what they know free. I want my power, influence and finally mustered the votes to pass a about back home? They know about money back so that I can fix the prob- modified version of it. It kept discre- the $800,000 outhouse. You know, the lems in my family and my community tionary spending. It raised revenues. It Park Service built an $800,000 outhouse and in the area where I live. And that cut entitlements. It was the first seri- at the Delaware Water Gap National is what we are trying to do. ous effort that we had made since we Recreation Area. The Park Service Are we getting there all at once? The passed Gramm–Rudman, which was built new employee homes in Yosemite fact is a penny on a dollar is something barely followed through on, to come to at an average cost of $584,000. At the that is not very satisfying to me. I grips with this compelling problem. Its Grand Canyon, the average was would like to do a lot more for people effects were eclipsed by a recession. $390,000. More than $8.5 million was in this country. I would like to let But let me not get ahead of myself. spent on planning, design and super- them have a lot more in their pockets. When the votes were counted in sup- vision at housing at both parks. So what we attempt to do with this port of that provision, that budget that Approximately 26,000 deceased per- budget resolution is to say people can Mr. Bush wholeheartedly endorsed, sons in four States receive food stamps get it right at home, that the govern- only 47 Republicans voted for it. worth a total of $8.5 million, according ment can become more efficient, that In 1993, when Mr. Clinton came to to the GAO. The X-Files, the Forest the government can become more ef- Washington, the deficit the preceding Service budgeted $500,000 for a motiva- fective, that we can squeeze a penny September was $290 billion and headed tional conference to help its employees out of a dollar, that we can live with upward. Indeed, if the President had explore alternative reality. I suppose just $9 trillion in spending, that we can read the economic report of Mr. Bush they were studying Washington. How save $100 billion, and we can give some dated January 13, 1993, he would have about $34 million so that the Jerry of that money to the family. foreseen, and probably did if he looked Springer Show and Baywatch can be Because we believe that at every turn at it, that the deficit projected by Mr. close-captioned? of the road the family budget needs to Bush for fiscal year 1993 was $332 bil- We look at the reports on fraud and be bigger, the government budget needs lion. That is where we were 5 years waste and so many of these big pro- to be smaller, and that we need to ago. H4146 CONGRESSIONAL RECORD — HOUSE June 4, 1998 Today, today, there is a deficit no About one-quarter of the budget in you know what they would say? Why more. We are looking at a surplus of discretionary spending is left subject do you not keep it at $7.8 trillion? Why $43 billion to $63 billion in September to cuts. Bob Reischauer has written a do you not freeze it, is what they would of this year. That is considerable, phe- very compelling article in which he say. nomenal progress. It has been made on analyzes the different components of We are not talking about freezing it. the watch of Mr. Clinton. It has been this account, called Discretionary We are talking about saving $100 bil- made because of the votes we cast in Spending, and shows that really only lion. And we strain under that yoke, 1990 and the votes we cast in 1993 when about half of it is effectively cut. and we come here and congratulate only Democrats in the House and only In last year’s budget agreement, we ourselves. Democrats in the Senate voted for the effectively cut over 5 years’ discre- Let me just suggest another thing to Deficit Reduction Act of 1993. tionary spending by 11 percent. This you. I keep hearing about how the Clin- They have had a phenomenal impact year, the gentleman from Ohio (Mr. ton tax increase did so great for our on the government of the United KASICH) would take another 7 percent. country. Do you know what it did? States. They have radically changed, If you consider that it only will actu- Slowed the economy down. Drove up fundamentally changed our fiscal situ- ally affect half of discretionary spend- interest rates. ation. It is better than it has been in a ing, that means the cuts would have to Do you know what Alan Greenspan generation. Those are not my words. be 35 percent. Does anybody realisti- told us? Well, it is a fact. It is a fact. They are Alan Greenspan’s words. Bet- cally think that will happen? No. Let me just tell you what Alan Green- ter than it has been in a generation. The Republicans have proposed a bill span said. Alan Greenspan came before We have got to go back to the 1960s which backloads the cuts. They will the Committee on the Budget, and he to find numbers such as we have today not happen this year. We will adopt said, if in fact you can put a budget to- with respect to unemployment, with them now, and on the strength, the gether that can balance, interest rates respect to inflation, and certainly with promise that they are going to be real- will come down. respect to deficit reduction. Indeed, we ized, we will do a big tax cut. That is So what I would argue to the Com- will have the biggest surplus we have the third piece of unraveling the dis- mittee is, it was in 1995, do you remem- experienced in history this September. cipline that has brought us to where we ber the President sent us a budget that That is good news. That is good news. are. That is why this is a serious de- had deficits as far as the eye could see? What we are concerned about here is bate, and it is a travesty that we are He sent us a budget in 1996 and in 1997 that that discipline that has brought having it at this time of night, at this that had deficits as far as the eye could us this far from $300 billion deficits point in the day, when this should be see, and we put the plan together to headed upwards to surpluses as far as given the most serious attention we balance the budget and cut taxes, the eye can now see, the discipline may possibly could. which you said we could not do. be dissipated by the budget resolution Mr. KASICH. Mr. Chairman, I yield Do you know what happened? Inter- that the Republicans have proposed, myself whatever time I might con- est rates came down two points. As a that the gentleman from Ohio (Mr. KA- sume. result of interest rates coming down SICH) is pushing. Why is that? Mr. Chairman, let me tell you about two points and as a result of this Re- Back in 1990, one of the things we this discretionary spending that we publican Congress having some dis- passed was something called a Budget have just heard about and how we are cipline to not just cut spending but Enforcement Act. This is really eso- going to devastate it. Again, gang, do also to cut taxes, yeah, we have seen a teric, but there were a couple of com- you know what? I appreciate the gen- great spurt of economic growth. mon-sense rules in that Budget En- tleman saying, you know, he is an ef- Now to make the argument that if we forcement Act. fective speaker. You are not an effec- save more money, that if somehow the We said, among other things, we are tive speaker because you just say Federal Government saves more going to cap, numerically cap, put a things. You are an effective speaker be- money, that that is going to have a dollar cap on discretionary spending cause you say things and people go, negative effect on the economy, I ask for 5 fiscal years. We did it in 1990. We you know, that makes a lot of sense. you to call the Chairman of the Fed to- renewed it in 1993. We did it again in We are going to go from $7.8 trillion morrow and ask him what would hap- 1997. It has worked. We have adhered to to $9 trillion in spending, and some- pen if we would cut Federal spending those limits, and we have reduced dis- body is making the argument that we by $100 billion and live within the cretionary spending, and we are seeing are devastating programs. Are you kid- strain of only $9 trillion. the results on the bottom line in the ding me? Do you know what I get told? Do you form of surpluses that will show up. Let me tell you a little bit about the know what the Fed Chairman tells me? In addition, we adopted a common- growth in discretionary spending. In If we do not spend the surplus and we sense rule called a pay-as-you-go rule, 1990, we grew the discretionary budget can learn to control government, inter- which said simply that, before anybody by 17.7 percent. In 1991, we grew it by 11 est rates can come down even further. undertakes to do another tax bill such percent. In 1992, we grew it by 8.9 per- Do you know what that will give us? as the one we did in 1981, they have to cent. In 1993, we grew it by 6.7 percent. More sustained economic growth and pay for it. They can cut taxes, but they Last year, we grew it by 6.7 percent. surpluses that will allow us to trans- have got to offset the revenue losses to I mean, to talk about how we have form Social Security for three genera- the Treasury so it will be deficit neu- got to scrimp and how we have got to tions and, at the same time, to put us tral either by commensurate cut and tighten and how we have got to starve in a position to be able to have tax cuts entitlements, permanent spending, or ourselves when we are averaging 7 or 8 out of the general fund surplus that I by some other adjustments in the Tax percent, the American family wishes will anticipate we will have next year. Code that would increase revenues to they can get 7 or 8 percent a year more The fact is what we are proposing in offset the decrease in revenues occa- in their pockets. this is just a little bit of savings and a sioned by the tax cut. Common-sense Do you know what we are talking little bit more efficiency out of the rule, but it has worked. That discipline about in the area of entitlement sav- way this government works. I believe has worked. ings? We are talking about saving ap- that we can get it done. I believe that What the gentleman from Ohio (Mr. proximately $50 billion out of $5 tril- we can achieve it. KASICH) would propose is a budget that lion in spending so that the families Mr. Chairman, I yield 31⁄2 minutes to would unrealistically lower discre- can have a little bit more. the gentleman from California (Mr. tionary spending. He proposes it as See, the problem is, if the American HERGER). though it were 1 percent cut, but we all people had a vote, you would not get $9 Mr. HERGER. Mr. Chairman, I appre- know it is not a 1 percent cut. He is not trillion to spend. You would not get $9 ciate a chance to address the body. cutting Social Security. He is not cut- trillion if we went in their homes to- Mr. KASICH. Mr. Chairman, will the ting national defense. He is not cutting night, at their dinner tables, and we gentleman yield to me for one second? interest on the national debt. It is said the Federal Government was going Mr. HERGER. I yield to the gen- obligatory. It has to be paid. to go from $7.8 trillion to $9 trillion. Do tleman from Ohio. June 4, 1998 CONGRESSIONAL RECORD — HOUSE H4147 Mr. KASICH. Mr. Chairman, I just the ranking member of the Committee Mr. SHAYS. Mr. Chairman, I yield want to point out for the record, after on Veterans’ Affairs, a major discrep- myself 10 seconds. the President’s 1993 tax bill, a year ancy in this bill. Namely, it calls upon Mr. Chairman, I would point out that after the Clinton’s 1993 tax hike, long- the Committee on Veterans’ Affairs to the program that the gentleman was term Treasury rates moved up from reconcile another $10 billion out of vet- referring to was recommended by the 5.75 percent to 8.25 percent. The trend erans’ benefits. President and endorsed by this side of of real economic growth slowed from Mr. Chairman, I yield 3 minutes to the aisle. 3.3 percent to 1.7 percent. That is what the gentleman from Illinois (Mr. Mr. SPRATT. Mr. Chairman, I yield happened 1 year after the President’s EVANS). myself 1 minute. tax increase. Mr. EVANS. Mr. Chairman, I rise to Mr. Chairman, I would like to It was soon after that that the Re- voice my strong objections to the budg- straighten out the record. The highway publicans became a majority in this et recommended by the Committee on bill visits a $10 billion hit on the Com- Congress and put together a plan that the Budget. This is an anti-veterans mittee on Veterans Affairs. It extin- balanced the budget that has resulted budget. It represents a direct frontal guishes benefits for smoking-related in lower interest rates for this country assault on the benefits and programs illnesses that the general counsel’s of- to the tune of two points. That is just which Congress has carefully consid- fice had announced were the rights of a fact. ered and enacted into law. veterans, if they were service-con- Mr. Chairman, I appreciate the gen- This budget proposal assumes the nected. The highway bill takes away tleman yielding to me. Committee on Veterans Affairs will that right. This bill still requires the Committee Mr. HERGER. Mr. Chairman, I rise to achieve 5-year savings totaling $10.4 on Veterans Affairs to yield another express my strong support for this billion, of which $10 billion is to be $10 billion in reconciliation, give up an- budget resolution. It is amazing just achieved by prohibiting service-con- other $10 billion. What the President how far we have come over the past 4 nected disability compensation for to- recommended, that is, the extinguish- years. bacco-related illnesses. ment of those benefits, has already Just prior to the new leadership tak- Who are we kidding, here? As all of been done in the highway bill. Yet, this ing over our Congress 4 years ago, we our colleagues know, and as the Com- bill comes back and hits again for an- had the largest tax increase in our Na- mittee on the Budget certainly knows, other $10 billion in veterans’ benefits. tion’s history of $270 billion. I might Congress has already spent the savings It is a fact. It requires reconciliation of mention to the gentleman from South associated with this provision. Is there a single Member of this body $10 billion in savings in veterans’ bene- Carolina that is why virtually no Re- fits. After they have already paid once, publican voted for that bill. who does not understand that shortly before the Memorial Day break, Con- they have to pay again. It also was an attempt, a Federal at- Mr. Chairman, I yield 3 minutes to gress included a provision to prohibit tempt, to take over the health care in- the gentleman from Wisconsin (Mr. service-connected disability compensa- dustry of our Nation, one-seventh of OBEY), ranking member of the Commit- tion for tobacco-related illnesses in our entire economy. That is also why tee on Appropriations. we did not support it. It had in it a def- H.R. 2400, the Transportation Equity Mr. OBEY. Mr. Chairman, I have to icit of $203 billion. Act for the 21st Century, and the sav- hand it to some of our friends on the In contrast, this last year with the ings associated with that provision other side of the aisle. They are really new Congress, we passed a historic have already been spent, to partially something. They give their poll-driven budget agreement which placed in law pay for the spending authorized by H.R. speeches, they bring cliches and our present steadfast commitment to a 2400? mantras to the floor. Regardless of sub- balancing for the first time in 30 years As the chairman of the Committee on ject or regardless of content, they the Federal budget. The Congressional the Budget knows, the transportation utter them with the alacrity that we Budget Office projects not a $203 billion bill is now awaiting the President’s sig- expect from political slogans in a cam- deficit as it was under the last Con- nature. It will become law within a paign season. gress but a $43 billion to $63 billion sur- matter of days. Their campaign slogans are what plus this year. My question to the chairman of the passes for thought at 11 o’clock at Committee on the Budget is simple and b 2330 night in this place, I guess. Then they direct: Will he commit to crediting the produce budgets which have virtually This Congress has also passed the Committee on Veterans Affairs with nothing whatsoever to do with the largest tax decrease in 16 years of $95 achieving this savings directed by rhetoric that they have just ex- billion. House Concurrent Resolution 284, if it pounded. While much progress has been made, reports legislation to prohibit service- They pretend they are bringing a 1 some still subscribe to the failed budg- connected disability compensation for percent cut in the budget in discre- et policies of the past. Mr. Chairman, tobacco-related illnesses? If not, what tionary spending to this floor, when in the President’s budget calls for $129 bil- other veterans’ benefits does the gen- fact, in real dollar terms over the life lion in tax increases over 5 years, more tleman from Ohio, the chairman of the of this budget resolution we are talk- than $150 billion in new spending, and Committee on the Budget, want this ing about at least a 18 percent across- 85 new spending programs. committee to reduce or eliminate? the-board cut, and by the time we We have a different vision. We know The Committee on Veterans Affairs apply it only to the programs that they the Federal Government is still too has always fulfilled its duty to be re- expect to cut, we are, as the gentleman big, too inefficient, and too intrusive in sponsible and meet the reconciliation from South Carolina (Mr. SPRATT) has our lives. This budget reduces the rate targets established for it. Since 1986, in told us, really talking about at least a of growth of government by only one fact, reductions in veterans’ programs 30 percent cut. So get off this 1 percent penny out of $1 over the next 5 years. and benefits have resulted in savings to baloney. That is exactly what it is, it Making the Federal Government tight- the Federal Government of over $12 bil- is baloney. It is a packaging gimmick en its belt for a change will allow us to lion. That is $12 billion in veterans’ that has nothing whatsoever to do with completely eliminate the marriage benefits savings over 13 years. It is ir- what happens to real, live people under penalty, and save 21 million American responsible to call on veterans to give the budget. couples an average of $1,400 each year up another $10.4 billion in benefits this I would also suggest that, again, the in taxes. year. America’s veterans have already gentleman from Illinois (Mr. EVANS) is Mr. Chairman, I urge my colleagues given enough. absolutely right when he lays out that to help build upon our progress, and I cannot and I will not support this this budget has a double cut on veter- vote for this budget resolution. anti-veteran budget being proposed by ans. It doubles the reduction in veter- Mr. SPRATT. Mr. Chairman, I yield the Committee on the Budget. I strong- ans’ health care benefits that were myself 30 seconds to explain that the ly urge the Members of the House to mandated in the highway bill. For any- gentleman from Illinois (Mr. EVANS) reject House Concurrent Resolution one to pretend otherwise in my view is will explain from his vantage point, as 284. to give hypocrisy a bad name. H4148 CONGRESSIONAL RECORD — HOUSE June 4, 1998 I would simply say, there is a very ed Medicaid, we needed Medicare, we The heart of that is TANF. They are good reason why the Republican lead- needed aid for education, but we do not going to say to us on the Committee on ers in the Senate have already labeled need that now. Ronald Reagan brought Ways and Means, cut Function 600, and this budget unworkable and extreme. us a surplus, or was it Bush? I forgot therefore, cut welfare reform, TANF, That is because it is. If it were not, we the rhetoric on the other side. What- by 10. It is going to take $20 billion. would have the Republicans in the Sen- ever it is, we got this surplus, so now This is what State legislators say ate rushing to endorse it, rather than we have to talk about cuts. about this: ‘‘This budget would dis- running away from it in their acute Democrats want to talk about tax proportionately cut State programs, embarrassment. cuts, too. The only difference between and abrogates a fundamental agree- Everyone knows that this is not a us and these rascals is that we like to ment reached among State legislators, program designed to get through the tell the Members where they come Governors, and Congress in 1996 regard- Congress, it is designed to get the Re- from, and they like to say they will ing welfare reform.’’ publican Party through the night. tell us in 5 years. If Members adopt the resolution, ‘‘It They want to vote on this package. At If Members really do not believe that will prove that the States cannot trust least they want to debate it at 11 the Federal Government should be in- Congress,’’ i.e., you, ‘‘to abide by its o’clock at night when nobody is watch- volved in educating our young people, word.’’ providing health care for our kids, for ing, because they are so embarrassed b 2345 by it they would not bring it to us in older people, day care for mothers who the light of day. That is because the have to work, why do they not stand up Here is what the governors have to numbers do not work. The numbers in the daytime and say it? say: ‘‘Your budget resolution is a seri- clobber real, live Americans. But no, they just cover things, say- ous violation of the welfare agreement This is not a 1 percent solution, this ing, in the bye and bye we will tell you reached in 1996, and would erode the is a 35 percent hatchet job, so they can what we are going to do. It is shameful Federal-State partnership and the fu- have a campaign slogan that once to have a document like this, with no ture success of welfare reform.’’ again involves their mantra of pretend alternatives allowed, restricting the And they go on to say, ‘‘We urge you that what they suggest is they are debate that we have on the floor, and in the strongest possible terms to up- going to cut spending. But if we look at tell us that we can debate it at mid- hold the historic welfare agreement the Kasich budget, it does not cut any- night. I said midnight, and someone reached in 1996, and reject any cuts in thing this year. It saves all of the cuts says it is not midnight yet, and they TANF, Medicaid or other welfare-relat- until after the election, so they can look at their watches. That is no way ed programs as part of the budget reso- package a tax cut before the election. to treat a budget that is going to really lution.’’ Signed Tom Carper, John affect the lives of Americans. That, too, is enough to give hypocrisy Engler, Tommy Thompson, Tom Ridge. I know, with the coupon clippers, it a bad name. Any Republican from Michigan, from just does not make any difference, but Mr. SPRATT. Mr. Chairman, I yield Wisconsin, from Pennsylvania, who not all of America is going through the six minutes to the gentleman from New votes for this is going to be voting to good times. Some want their kids to York (Mr. RANGEL), the ranking mem- undercut welfare reform. We are telling get an education, to get a decent job, ber of the Committee on Ways and the majority this at midnight, and we to be productive, and they need the Means. are going to tell them this tomorrow at Federal Government there. Some peo- Mr. RANGEL. Mr. Chairman, I thank 10 o’clock in the morning. ple do not believe that the Social Secu- the ranking member of the Committee Mr. SHAYS. Mr. Chairman, I yield rity fund is going to to be there for on the Budget for yielding time to me. 51⁄2 minutes to the gentleman from them, but they did not discuss that. Mr. Chairman, it is a little shocking Michigan (Mr. SMITH), who can address No, those are the olden days, the Roo- how confused the majority is tonight, the entire Nation, even those in Cali- sevelt days. Everyone can take care of that they cannot even find speakers to fornia where it is 15 of 9:00. themselves without government today. Mr. SMITH of Michigan. Mr. Chair- speak up on this budget. I know that Thank God they have done one thing. man, what is disconcerting is that I the Republican leadership told every- No one has to say that all of the Mem- think that side of the aisle, I think the one they could go home because there bers of Congress are alike, that there is Democrats after experiencing success 2 would be no votes tonight. I know that no difference between a Republican and years ago in demagoguing what the Re- they made it abundantly clear that a Democrat. I will tell the Members publicans were doing in trying to slow there will be no opportunity to discuss this, before this is over, a lot of Repub- down the growth of the budget, when the President’s budget, or Democratic licans are going to wake up, when the they realized some success at the polls alternatives, so I would think they American people see what they are try- would have a lot of pride in the docu- ing to sneak through in the middle of suggesting that Republicans were tak- ment that they have put together. night on them. When they do, they will ing health care away from the elderly Why in God’s name, in a document, be calling on Members before Novem- for tax cuts for the rich and taking in a budget that is so important, would ber to ask them to stand up and be food out of the mouths of children for we wait until midnight to bring it up counted, and say, yes, we want a tax tax cuts for the rich, that demagoguery before the American people? Why cut, but you owe it to us to say what resulted in some Americans believing would Members do that? Is there any you have to cut in order to give this to it. shame that they would have, with us. I think most Americans are now real- something that is this important, that Mr. LEVIN. Mr. Chairman, will the izing that government is growing much they would want Members to hear, gentleman yield? faster than it should and the United they would want people to hear, and Mr. RANGEL. I yield to the gen- States Congress, along with the Presi- that we should discuss these things? tleman from Michigan. dent, is taking more and more money I know this is an election year. I Mr. LEVIN. Mr. Chairman, I applaud out of those taxpayers’ pockets. know tax cuts are popular. Why can we the ranking member for his eloquent Let me show the chart of what is not talk about where the money comes statement. I want to be very specific, I happening in spending of the Federal from for the tax cut, who we have to say to the gentleman from New York Government in the 10 years from 1994 hurt? If we have to hurt the veterans, (Mr. RANGEL), on what the Republicans to 2003. In the first five bars of this stand up and say that they get enough. are going to do regarding welfare re- chart representing the last 5 years of If the cuts are coming from education, form. spending, it is going to be a $7.8 trillion and I think that the chairman of the Any Republican who votes for this expenditure over those 5 years. The Committee on the Budget, the gen- budget is voting to undercut welfare last five bars of the chart representing tleman from Ohio (Mr. KASICH), he said reform of 2 years ago. They had $10 bil- what is in this budget is $9.1 trillion, the used-to-be days of the Roosevelt lion in cuts in Medicare. They grew going from $7.8 trillion to $9.1 trillion. days, the days of the Depression, where nervous, so what did they do? Last And just imagine for a moment this we needed help, we needed Social Secu- night they take $10 billion, instead, out budget that we are having grows faster rity, we needed pension funds, we need- of Function 600. than inflation, yet what we are seeing June 4, 1998 CONGRESSIONAL RECORD — HOUSE H4149 is the other side of the aisle saying it that needed that employee that they not going to get that information. The is not growing fast enough. would have the incentive to train me argument that was put forward was So imagine what would happen in the rather than me marching into a Fed- that we really want to leave this to the future if we projected this line out for eral building for job training that has committee chairs to make those deci- the next 10, 20, 30 years, and imagine no relation to the jobs located in my sions. how much money is coming out of the community? Interestingly, tonight the committee pockets of the American taxpayer if we Would it not make more sense that chairman has a lot of arguments to continue to expand Federal Govern- instead of dictating all the rules of the make about programs that are not ment almost twice as fast as inflation. way we ought to run public housing in under his jurisdiction, about how many That is what we do here. my district in Columbus, Ohio, that we are too many. Now, why is that? Why 1994, we have a budget of $1.4 trillion; ought to set the standards and the could we not have some specificity 2003, we have a budget of $1.9 trillion. If rules for the way in which we want to about what we thought was going to be we followed the President’s rec- run public housing in our communities cut and what was bad in committee, ommendation, the President’s rec- rather than dictate it from a bunch of but now we have arguments? ommendation was that we have $102 people down here who do not even Mr. Chairman, if in fact there are far billion of tax increases, that we have know what is going on out in my dis- too many training programs, far to $27 billion of fee increases for a total of trict? many housing programs, far too many $129 billion of fee and tax increases. So Mr. SMITH of Michigan. Mr. Chair- programs in general, why have the ma- where would that have left us is with a man, they are not dumb in Columbus, jority’s appropriation people not come much steeper rate of expenditures. And Ohio, or Jackson, Michigan. forward with those cuts in the 4 years in the year 2003, in the year 2003 if the Mr. KASICH. Mr. Chairman, do you that they have been controlling the Democrats had their way with the not think it is time that mothers and procedure? Why did we have to wait President’s budget, we would be spend- fathers have the power to be able to get until tonight for the chairman of the ing $67 billion more that year than we their kids the best education they can Committee on Budget to say in fact are in this particular budget. possibly get and that most of the that the appropriation chairs have Look, this budget goes up pretty money ought to be put in the class- been making all of these bad decisions steep; and if we project the next few room? over the last few years? I do not under- years, one can see that it is going to go Those are the kind of things that I stand. all the way to the ceiling. Does any- think most Americans want. I think Now, I want to talk about the 1 per- body here or in America think that they want to be in charge. I think they cent solution, so-called. It was just this government, that this Congress, want to be in control. I think they said all these things that the public that this President cannot make gov- want to have their job training run at wants, all the things that families ernment more efficient and save some home. I think they want local control want. I can tell my colleagues what of the money we are spending? of education. I think they want public families do not want. They do not want I just want to mention briefly Social housing at the local level to reflect to be misled, and the 1 percent proposal Security. Social Security in this budg- local values. is being put out there to lead people et, we do not spend any of the sur- Now, that is the new way. The old into believing that in fact these cuts pluses. That could be as high as 60 or way is we run it from here. We train a are going to be spread across all pro- $70 billion this year, could go up to 110, few people who really do not know grams and that the burden will be an 115 billion next year. We do not spend what goes on in our community, then easy one for all to bear. That, of that surplus. We are saving it for So- they tell us what to do. That makes course, is not true. cial Security. This budget says from some people happy, but it does not When we look at facts, we find that now on any money we borrow from the make most Americans happy. That is all programs will not share this bur- Social Security Trust Fund it is going why we are winning. den; and that, in fact, more than two- to be in negotiable Treasury bills, not Mr. SPRATT. Mr. Chairman, I yield thirds of the budget will not be avail- the blank IOUs that has been happen- myself 1 minute. able to be a part of this reduction. ing for the last 20 years. Mr. Chairman, let my give some Let me go through what these are. Mr. KASICH. Mr. Chairman, will the quick numbers. In the height of the These numbers are beyond the agree- gentleman yield? Reagan years, the government was ment that was made as part of the bal- Mr. SMITH of Michigan. I yield to spending 23.3 percent of our GDP, our anced budget agreement: the gentleman from Ohio. total economy. The bite of the govern- International affairs, beyond the bal- Mr. KASICH. Mr. Chairman, there ment was 23 cents out of every dollar. anced budget agreement, would be cut are 150 job training programs scattered Today it is 19.8 cents under Clinton, 21.2 percent. 21.2 percent in an increas- across 15 Federal agencies; 340 pro- down 3.5 percentage points. That much ingly perilous world. Natural resources grams in housing, including 18 involv- decreased by. and the environment, 8.5 percent. Com- ing community development, 49 con- As for discretionary spending, in 1993, merce and housing credit, the chair- cerning public housing, 8 concerning when Clinton came to office, in outlays man just made comments about that, the homeless and 103 that are enacted. it was $540 billion in 1993. In 1997, it was 30.5 percent. That is Section 8 housing There are 660 programs in education $548 billion. In 4 to 5 years, it grew $8 for low-income people. and training, spanning 39 Federal agen- billion. I think that answers abun- Rural housing, FHA, the Patent Of- cies, boards, and commissions. dantly the effort, the argument that fice and the Census Bureau also within It is interesting because would it not was just made. this function, 30 percent. A third of be a great thing if the people who had Mr. Chairman, I yield 4 minutes to every dollar spent in that function the jobs had the power to train the peo- the gentlewoman from Michigan (Ms. would be eliminated. Transportation, ple who needed the jobs, rather than RIVERS). we just as a Congress affirmed over- having the job training occur from this Ms. RIVERS. Mr. Chairman, there whelmingly increased spending in town out to where we live? are two issues I want to raise. I want to transportation. This budget says 22.7 Mr. SMITH of Michigan. Listen up, talk a little bit about the so-called 1 percent reduction. Community and re- Democrats. Listen up, America. percent solution, but before I do that I gional development, 16.3 percent reduc- Mr. KASICH. Mr. Chairman, there want to speak to the issue that was tion. Not 1 percent, 16 percent. are a lot of bureaucrats in America just raised about decisions being made The gentleman from New York (Mr. who do not know what the time zone is about eliminating programs. SOLOMON) argued passionately for us to in Ohio, let alone what our job needs It is interesting when we were in be responsive to the needs of our com- are. committee in the Committee on the munities just a couple of hours ago. When I say we should break the mo- Budget when we asked repeatedly for Apparently, this is not much of a con- nopoly of the Federal Government, the specifics of the proposal, what was cern to him. would it not make sense if that com- going to be cut, what was going to be 12.1 percent, not 1 percent, 12.1 per- puter company or high-tech company changed, it was very clear that we were cent reduction in administration of H4150 CONGRESSIONAL RECORD — HOUSE June 4, 1998 justice. That is law enforcement. That Committee on the Budget and in the year saying they want to go beyond the is the judiciary. That is prisons. 12.1 Committee on Rules, and every single balanced budget agreement that was percent. Not 1 percent. one of those committees, every single agreed to last year also, but they are Even education programs take a 4 Republican Member voted against it saying that they want to spend more. percent hit. Now this is argued that it last year. I guess maybe a miracle has The President’s budget, 85 new spend- is a penny on the dollar. Something occurred or an epiphany, I do not know ing programs, 39 new entitlement pro- that families can understand. Let us what it is. grams, over $150 billion in new spend- put it in terms that families can under- The problem is, mine was a little tax ing, over $150 billion in new spending stand. Let us say that our families de- cut for families below $50,000 who real- over five years. $129 billion in tax in- cide we have to make a 10 percent cut ly need the benefit. But if you are creases over 5 years is how it is paid in our spending. Seems reasonable. But going to use $100 billion in a tax cut for for, largely, again, from the same then they sit down and look at their a marriage penalty, it is going to peo- President who in 1993 put in place the budget and say, well, we cannot stop ple above $50,000, most of it above. It is largest tax increase in our history. paying our mortgage. We cannot do a bad, bad budget. So that is where we are, and I would that. Cannot stop paying our child care Mr. SHAYS. Mr. Chairman, I yield just say I would cast my lot with those cost because we are going to keep myself 10 seconds to just say that only who believe we can do more. I would working. Cannot put aside our credit in Washington when you spend more do cast my lot with those who think we card debt or paying our health insur- people call it a cut. That is the line can do a little better. Yes, the chair- ance. We do not want to cut our con- that the gentleman from Washington is man gave some examples earlier in re- tributions to our children’s college getting into. We are going to spend $1.3 sponse to the gentlewoman from Michi- fund. Okay, we are going to make a 10 trillion on Medicare in the next five gan. She criticized the chairman. percent cut, and it is all going to come years. The last five years we spent Today on a partisan basis in this out of our grocery money. about $900 million. House we voted to reform the SSDI It does not feel like 10 percent any- Mr. Chairman, I yield 2 minutes and program. We improved the program more when it is 1 percent of something 30 seconds to the gentleman from Ohio and we saved $40 million to the Amer- you need. This is not a 1 percent cut. (Mr. PORTMAN). ican taxpayer. There is darn good ex- You know it, and the public will know Mr. PORTMAN. Mr. Chairman, the ample. Yes, we can streamline. Yes, we it once the information gets out. And last speaker said it is just like 1995. It can consolidate. Yes, it takes rolling to say it is 1 percent and it does not is just like 1995. We have, again, on the up our sleeves and looking anew and hurt is not right. other side folks saying we are cutting thinking outside the box on some of Mr. SHAYS. Mr. Chairman, I reserve spending to give tax cuts to the rich. these Federal programs, but sure we the balance of my time. Neither is true. can do that. Instead of spending $9.1 Mr. SPRATT. Mr. Chairman, I yield 2 The gentleman from Washington (Mr. trillion, we are going to spend $9 tril- minutes to the gentleman from Wash- MCDERMOTT) may not like the idea of lion over the next five years. And re- ington (Mr. MCDERMOTT). eliminating the marriage penalty but member, we only spent $7.8 trillion Mr. MCDERMOTT. Mr. Chairman, we that is something that actually will over the last five years. are headed down the same road we were benefit middle income families, and he So I thank the chairman for putting in 1995: Cut services for the elderly and may not like the idea of not spending together this good budget, and the the poor and give tax breaks to the as much as we would otherwise would Committee on the Budget. I whole- rich. have spent, but that does not make it heartedly endorse it. Let me take one specific. When we a cut. Mr. SPRATT. Mr. Chairman, I yield went into the Committee on the Budg- The gentleman from Connecticut myself 30 seconds to remind him that et we said, give us the specifics. They (Mr. SHAYS) specifically talked about the President’s budget, which he mis- would not. But if we look in the budget the Medicare numbers. Those numbers construed, is not on the floor. Our reso- document they put out, there is $10 bil- apply to the entire budget. We are lution is. It does not increase spending. lion in cuts in Medicare. talking about spending a little less It is in complete sync with the bal- Now, we start talking about that. than we would otherwise have spent. anced budget agreement and it calls for There is $12 billion cuts in Medicaid. This is where we are. $30 billion in tax relief paid for within That is $22 billion of the $100 billion in Last year we all got together and we the Tax Code itself. tax cuts coming right out of health passed a balanced budget agreement to Mr. Chairman, I yield 2 minutes to care. That is out of the same place that balance the budget over five years. The the gentlewoman from Hawaii (Mrs. we took $115 billion last year in Medi- American people, through their hard MINK). care and untold billions also out of work and productivity, did it quicker (Mrs. MINK of Hawaii asked and was Medicaid. So they are going right back than that, but there was a lot of pain, given permission to revise and extend to the same well. a lot of agony. We gave. The Democrats her remarks.) Now they got nervous about that and gave. The Clinton administration and Mrs. MINK of Hawaii. Mr. Chairman, last night about 9:30 or 10 o’clock up in the House Democrats and Senate my constituents are listening to this the Committee on Rules they said, oh, Democrats gave, and we ended up with debate, even though it is midnight, be- my goodness, we better get this Medi- this common ground balanced budget cause it is only 6:00 p.m. in Hawaii. I care stuff out of here. Let us shift it all agreement. thank the majority for the courtesy ex- over into Medicaid or unspecified It is only natural that this year we tended to my constituents. health care cuts. Republicans would come back and we I think the whole matter of our legis- would say, okay, we gave a little, now lating has at its kernel the idea of con- b 2400 we are going to get back to our fun- veying confidence to the American peo- What are the unspecified health care damentals. We are going to roll up our ple that they should be able to rely on cuts? The children’s plan we put in last sleeves and we are going to spend a lit- the promises and the agreements that year, $16 billion, most of it has not tle bit less than the $9.1 trillion that we make with respect to the programs been spent yet, and they are now going was agreed to. We are going to spend 1 that we enact. to cut $10 billion out of the children’s percent less, and we are going to give Less than 2 years ago this Congress program that they will be on the cam- some of that back in terms of tax cuts enacted the welfare reform bill, and it paign trail in about three months say- because we are actually spending, as a was hard fought. And one of the ingre- ing, ‘‘We did this great program for percentage of GDP, more in taxes every dients in that welfare reform bill was children.’’ Meanwhile they are going to year as Americans than we have his- an agreement that was struck with the gut it with this particular proposal. torically in this country, so we have a governors. There was a commitment Why are they getting this money? relatively high tax burden right now made to the States that there would be Well, it is for the marriage tax penalty. even with the good economy. even funding over the length of that I offered that amendment in the Com- It is also natural Democrats would do program, 5, 6 years. And the governors mittee on Ways and Means and in the the same thing. They are back this went and made this agreement with June 4, 1998 CONGRESSIONAL RECORD — HOUSE H4151 the Congress in the assumption that we Certainly, states cannot live up to the man- serving half a million children. After-school ac- would keep our word, that we would date of moving welfare recipients to work, if tivities are a way to keep children in a safe not go back on this deal. their funds are cut by $10 billion. place, to provide additional learning experi- Sometime around 9:00 last night the During the debate on welfare reform in 1995 ences and tutoring and most importantly, it majority decided that they would and 1996, the Majority constantly preached keep children off the streets and involved in breach that agreement that was struck the ethic of work and championed the idea productive activities rather than destructive or with the governors. Today we have a that welfare mothers must work. Now, they delinquent activities. letter sent to us by the National Gov- seek to eliminate the very programs that help Unfortunately, the Majority not only rejects ernors Association, signed by 10 gov- these disadvantaged women find jobs. these much needed child care programs, but ernors, expressing their dismay that The Resolution eliminates $1.5 billion dedi- freezes the current child care programs so the Congress is being asked by the Re- cated for welfare-to-work programs. The elimi- that they won't be able to keep up with infla- publican Party to renege on their nation of these funds would result in direct tion. The Child Care Development Block grant agreement. loss of funds to 44 states and jeopardize the will lose $107 million over five years, the Head What they did in the Committee on job training and job placement of 300,000 wel- Start program will lose $536 million over five Rules was to take $10 billion additional fare recipients. years, and the Title X Social Service Block from the TANF program, the welfare And with an additional cut of $10 billion from Grant will be cut by $3.1 billion. program that we just enacted. They the TANF program, there will be virtually no Mr. Chairman, I oppose this Resolution also said cut the function 600 program, federal training funds dedicated to moving because it is clearly an attempt to undermine which is the income security item. But families from welfare to work. The 1996 Wel- federal education programs in the Budget if we look in it, all that is vulnerable fare law becomes an unfunded mandate under Resolution. The Chairman's May 12th draft for a cut, for a raid, is the TANF pro- this Resolution. clearly stated the intention to turn the Title I gram, and it completely decimates the The Resolution compounds the problem by program for disadvantaged students into a agreement that the governors are rely- eliminating the employment and training voucher program, and to block grant other ing on. So they have asked this Con- money under the Food Stamp program. The education programs. gress to reject this resolution, and so 1996 welfare reform law limits Food Stamp During the Committee debate, the Chairman have the National Conference of the benefits to able-bodied adults with no children was unclear about his intentions but made State Legislators. between the ages of 18 to 50 to 3 months un- specific references to block granting Title I and I ask my colleagues here tonight, is less they are working or in a training program. other education programs. our word good or are we going to go The Resolution eliminates funding states use Whether it is a block grant proposal or a back on it? to help train and employ these individuals so voucher proposal, it is clear that the Majority Mr. Chairman, I rise today in strong opposi- that they can achieve self-sufficiency or meet is once again attacking federal education pro- tion to the Kasich Budget Resolution, which the work rule under the Food Stamp program. grams that send billions of dollars to our sets this nation on a budgetary course that will This Budget Resolution unfairly targets the states and local school districts. end in disaster. most vulnerable in our nationÐfamilies that I am deeply concerned about any effort At a time when our nation is experiencing its are struggling to make ends meet and striving which would virtually eliminate the Title I pro- greatest economic boom in decades we for self-sufficiency. gram and replace it with a voucher program. should be asking ourselves what can we do The Democrats in great contrast seek to lift Title I was enacted in 1965 to assist low in- for the people of America, not what can we up those who are struggling in our society, by come communities in educating their most take away from them. This budget resolution helping to ease their every day burdens. Noth- educationally disadvantaged. It was an at- proposes to take away $100 billion from pro- ing signifies this more than the huge invest- tempt to equalize educational opportunities for grams critical to the overall health and well- ment the Clinton Administration and the our most needy students. being of this nation. The American public will Democrats have proposed in expanding the Based on current funding levels, individual not stand for cuts in Medicare, Medicaid, edu- availability of child care in this nation. Title I vouchers are likely to be about $700 cation, health care, health research, and social Currently the federal government spends dollars per student, hardly enough for parents services. Even programs that have strong bi- about $9.4 billion (FY 1998) on child care pro- to pay for private education as intended by the partisan support, like Head Start and WIC will grams including after-school and child care proponents of this proposal. not receive enough funds to maintain current nutrition programs. We propose the Presi- Title I dollars helps to raise the individual services under this budget. dent's child care initiative unveiled earlier this achievement of disadvantaged children, but Hasn't the Majority learned by now that we year, which adds a $16 billion investment over also, it helps the overall educational opportuni- can balance the budget, and still address the five years in child care and early childhood ties within the school. Taking the dollars away most pressing needs of our people. The budg- education programs. This includes the expan- from these most needy schools through a et before us today is a shift back to the draco- sion of existing programs such as the Child voucher system, will do nothing but leave the nian cuts and radical proposals that forced a Care Development Block Grant and Head school with less resources and at a greater budget showdown and government shut down. Start. disadvantage. Bringing forth this proposal, which even In 1996, we passed a Welfare Law which Criticism about Title I during Committee de- Senate Republicans agree is too radical, only requires welfare mothers to work, but it fell bate focused on the ineffectiveness of some proves that the Majority can't keep a promise. short $1.4 billion short of the funding nec- programs and how the federal bureaucracy They can't keep the promise made in last essary to provide child care for those welfare was to blame. This criticism is really not about year's balanced budget agreement and they parents. The President's child care initiative the federal government, but a complaint can't keep the promise made in the 1996 wel- would allow us to take care of the working against state and local school districts which fare law. welfare families as well as low-income working manages the Title I program. Only .1% of the I am outraged to find out that at the last parents who are not receiving public assist- Title I funds stay at the federal level, for eval- minute in the wee hours of the night this reso- ance. uation and administrative costs. That means lution was changed to cut $10 billion of the It also includes $3 billion over five years for that states and locals have responsibility for welfare program (TANF). This cut is on top of a new Early Learning Fund to improve the $99.9% of the money. So when the Repub- cuts already in the bill which totally eliminate quality and safety of services to children ages licans complain about how that money is programs to move families from welfare-to- 0 to 5 years. In the past year we have all being spent, they are criticizing the states and work. heard about the ground breaking research local school districts. Some may argue that the $10 billion is not which revealed the significant capacity for What is ironic is that Majority's criticizes the specified to come from TANF, but it is a cut learning in the first three years of a child's life. state and local management of the Title I, yet required in the Income Security Function Assuring quality child care and early childhood at the same time they propose to block grant which includes TANF. Well, let's look at some education is critical in those early learning even more federal programs, with less ac- of the other programs in the Income Security years and important to the future success of countability to the very same people they con- Function that would have to take the cutÐun- our nation's children, and indeed our entire tend are running ineffective Title I programs. employment compensation, SSI, Child Sup- nation. While there is always room for improve- port, Child Care, the EITC, and Foster Care. $800 million over five years would go to ex- ment, the reality is that in the vast majority of I don't think anyone is willing to take a $10 bil- pand after-school programs. This funding school districts throughout the nation Title I is lion chunk out of any of these programs. would support an estimated 4,000 programs making a significant difference in the lives of H4152 CONGRESSIONAL RECORD — HOUSE June 4, 1998 disadvantaged students. To eliminate the Title is the issue that we have reformed enti- night, not that the press who is not I program as we know it today is a terrible tlements. The previous speaker talked here, the American people who are long mistake that would have serious con- about, oh, my gosh, we are hurting the asleep are missing much, because you sequences in many low-income communities entitlement programs. We have had have not had the integrity, the cour- throughout the country. major change in the welfare program. age, to tell the American people what In my estimation, education should be this Let me tell my colleagues what hap- your plan is. You do not specify the nation's highest priority, and the Majority's pened. Welfare case loads have declined cuts. You get up here and make lofty budget, block grant and voucher programs fall by 30 percent nationally since 1994. In language, and you do not specify the far short of what is necessary to improve edu- 1997, States spent only 72 percent of cuts. What is more, this plan changes cation in this nation. their available welfare funds because all the time. Finally, Mr. Chairman, I need to mention the case loads have declined and more wel- Take Social Security, what I think is elimination of the Native Hawaiian Health Care fare families have entered the work the most vital function of government. program, assumed under this budget. It is force. In the Committee on the Budget we de- clear that the Majority lacks the understanding Six States have turned down welfare- bated, one of the highlights of the of special relationship between the Native Ha- to-work grants enacted by the balanced chairman’s bill, a plan to take all the waiian people and the federal government, budget agreement because they did not surplus out of Social Security, embark much like the relationships forged between need the money and they objected to on a new venture, no more Social Secu- Native American Tribes and the federal gov- the red tape required to get the grants. rity, a new venture of private accounts. ernment. Programs like the Native Hawaiian Welfare reform has worked. It is saving We debated. Every one of you voted for Health Care Act were specifically enacted to money. But more important, it is help- it. Your colleagues would not stand for acknowledge the federal government's respon- ing those people that have been it apparently. sibility and relationship with the Native Hawai- trapped in a cycle of poverty. You go to the Committee on Rules, ian people. Elimination of this program would On the discretionary spending side the bill comes out, and there is no as- mean the end of valuable services which ad- we have had great success. While de- pect of that dimension of this budget. dress the significant health needs of the Na- fense spending has been kept fairly Where did it go? We have all this de- tive Hawaiian population and it abrogates the level for the past decade, the Demo- bate, you are going to end Social Secu- federal government's responsibility to assist in crats kept increasing discretionary rity as we know it and it comes out of improving the overall well-being of the Native nondefense spending, the domestic the Committee on Rules and we are Hawaiian people. spending side. just supposed to be left with an ‘‘oops, Mr. Chairman, this budget fails the Amer- never mind’’? This is ridiculous. b 0010 I would feel comfortable if Social Se- ican people. It fails to set forth a vision for our curity was secure. But of course it is nation worthy of our economic prosperity; it Our first time in control of the House not secure. Because you take revenue fails to invest in our most precious resourceÐ of Representatives in 1995 and 1996, we out of the Federal Government without our human capital; and it fails to address the actually had in real dollars a reduction telling us how we are going to match in needs of the most disadvantaged in our soci- in domestic discretionary spending. That was our promise to the American spending reductions. ety. You have done this before. This was a I urge my colleagues to reject this radical people. We got rid of 300 programs in the Federal Government. But then im- David Stockman technique in the early budget, which turns away from the balance 1980s. It produced deficits then. Now it budget agreement and the welfare law of portant programs that we thought were important, for example, like National will produce spending the surplus. That 1996. We can do better, we must do better. is why the Washington Post called this Mr. SHAYS. Mr. Chairman, I yield 3 Institutes of Health, have gotten larger a triple fraud, and I quote, an election minutes to the gentleman from Florida increases under a Republican Congress year tax cut on the strength of un- (Mr. MILLER). than they received under the Demo- likely spending cuts to be named later, Mr. MILLER of Florida. Mr. Chair- cratic Congress. In fact, last year they all the while preaching fiscal respon- man, I rise in strong support of the got a 7.1 percent increase whereas President Clinton only asked for a 2.6 sibility. budget resolution we are debating here What happens when you do not come percent increase. tonight of the gentleman from Ohio up with the spending cuts you are so We have established priorities, pro- (Mr. KASICH). This is my sixth year on afraid to talk about tonight is that grams that are important, like bio- the Committee on the Budget. The first they do not get made, and this surplus medical research, and we have said we 2 years was as we were part of the mi- that we so need to reform Social Secu- do not need some programs and we nority and then 4 years as majority rity is dissipated. And you do not even now. have cut out many programs. This lay out the plan to the American peo- In our budget, in each of the budgets budget that we have this year is a con- ple. we have had the same philosophy of re- tinuation of that philosophy and a This budget is a failure. One of the ducing the size and scope of the govern- clear contrast with what President things about the chairman, like him or ment and shifting power, money and Clinton has proposed. President Clin- not, like his ideas, do not like his responsibility back to the States, and ton’s budget proposed 85 new programs, ideas, he would always tell you where this budget continues that philosophy. $150 billion in more spending over 5 he was going, he would always be It shows the real difference with the years, $129 billion in more taxes. What square with you about the details. This Democratic philosophy. does this budget have? No new spend- plan tonight is such a disappointment Back in 1993 when the President pro- ing programs, $100 billion of tax cuts, in that respect. posed a budget to increase taxes, the and just a 1 percent cut in spending. You fail to lay out the details of your largest tax increase ever, more spend- Support this budget. plan. You fail to advance a budget that ing programs and more new programs Mr. SPRATT. Mr. Chairman, I yield makes sense. Most important to me, that we had to take responsibility for 21⁄2 minutes to the gentleman from you fail to fundamentally protect the here in Washington, the Republicans North Dakota (Mr. POMEROY). Social Security surplus until we can had cut spending first, and we showed Mr. POMEROY. Mr. Chairman, I find come up with a comprehensive over- how we really can reduce the size and it so curious that the majority refuses haul plan for Social Security. You have scope of the government. And the vot- to discuss their budget tonight and in- failed with this budget, and that is why ers back in 1994 said, ‘‘That is what we stead want to discuss a budget that is I think there is a fighting chance your want to do,’’ and so starting in 1995 we not even on the floor. I have been on own colleagues will reject it with us in have had great success in moving this the Committee on the Budget for 6 the vote tomorrow. country to fiscal responsibility. years and I have never seen such a fi- Mr. SHAYS. Mr. Chairman, I yield This year we are going to have the asco in all my life. Usually the budget 31⁄2 minutes to the gentleman from New first balanced budget since 1969, a tre- is when a party lays forward their plan, Hampshire (Mr. SUNUNU). mendous accomplishment. We are their vision of government. Mr. SUNUNU. Mr. Chairman, I thank going to have a surplus for the first What have you done tonight? the gentleman from Connecticut for time. One of the most important things Brought this to the floor after mid- yielding me this time. June 4, 1998 CONGRESSIONAL RECORD — HOUSE H4153 Mr. Chairman, I will begin by empha- about that. From $9.1 trillion to $9 tril- that moves this country forward with- sizing that the colleague who just lion. Earlier this evening, much earlier out leaving our environment and our spoke was correct in one regard, and this evening, not at midnight or 11 children behind. I urge my colleagues that is a simple point that the Presi- o’clock or 10 o’clock, but around 9 to support the Democratic budget al- dent’s budget is not on the floor to- o’clock or 8 o’clock, we saw a nine foot ternative. night. It is not on the floor tonight be- belt out here and said, can we not just Mr. SPRATT. Mr. Chairman, I yield 2 cause nobody on the other side had the take a nine foot belt and bring it in one minutes to the gentlewoman from Cali- guts to bring it to the floor tonight. notch, from $9.1 trillion to $9 trillion. fornia (Ms. ROYBAL-ALLARD). Even the ranking member of the Com- We can reduce the rate of growth. Ms. ROYBAL-ALLARD. Mr. Chair- mittee on the Budget refused to bring And finally, eliminate the marriage man, I rise in opposition to the Repub- the President’s budget to the floor, be- penalty. Bring tax relief to the Amer- lican resolution and in support of the cause it raises taxes $130 billion, it ican people, more money in their pock- Democratic alternative. The Repub- raises spending $150 billion, it creates ets, take a little bit of power away lican plan unravels last year’s budget new entitlements, it creates new pro- from Washington, and give it back to deal by cutting over $100 billion from grams, and not a single Member on the the American people. I think any time important programs like education, other side was willing to bring that we take power away from Washington veterans’ benefits and crime preven- sham to the floor. Instead we are talk- and give it back to Americans, we are tion. The Democratic alternative, how- ing about a Republican budget plan. doing right thing. I urge my colleagues ever, builds on the balanced budget Perhaps the problem is that it is too to support this resolution. agreement, and it invests in the future simple a vision for some on the other Mr. SPRATT. Mr. Chairman, I yield 2 of our country and in the priorities of side to understand. It does three prin- minutes to the gentlewoman from Cali- our people by protecting Social Secu- cipal things. It pays down public debt. fornia (Ms. WOOLSEY). rity, allowing for a reasonable tax cut It reduces the amount of debt held by (Ms. WOOLSEY asked and was given to end the marriage penalty, and by the public by taking surpluses and permission to revise and extend her re- making a real investment in the edu- using it for that important cause. It marks.) cation of our children. shrinks the rate of growth of govern- Ms. WOOLSEY. Mr. Chairman, in last An example of this commitment to ment by 1 percent. And it uses that year’s balanced budget, we had a bipar- education is the school construction controlling the size of government to tisan agreement to protect the envi- initiative in the Democratic budget. eliminate the marriage penalty. ronment. But this year the Repub- This initiative is critical because our I do not know what the other side is licans in their budget proposal throw schools are in worse shape today than opposed to. Maybe they are opposed to away that commitment, out the win- any part of our nation’s infrastructure. paying down the debt. Maybe they are dow. As a result, millions of our children in opposed to eliminating the marriage The Democratic alternative, how- urban, suburban and rural districts are penalty. And we have heard that they ever, does restore the vital environ- forced to attend schools in desperate certainly may be opposed to reducing mental funding that we know as Mem- need of repair. Also, thousands of our the size of the government from $9.1 schools are tragically overcrowded. It trillion to $9 trillion. Maybe $9 trillion bers of Congress we have a responsibil- is estimated that we need to build 6,000 just is not enough. Maybe they need $10 ity to fund. We must fund projects to new schools over the next 10 years just trillion or $11 or $12 or $15 trillion. But ensure clean air and clean water, to en- to maintain our current class size. the fact is we have spent $7.8 trillion sure that our public lands are pre- These appalling conditions are not over the past 5 years and under this served, and that our toxic and hazard- merely annoyances and inconven- budget we spend $9 trillion. ous sites are cleaned up. Government will grow at greater The Democratic budget provides iences, they are barriers to learning, than the rate of inflation. Maybe it is funding for water quality improve- and sadly these conditions serve to di- not enough for some on this side of the ment, because 40 percent of our Na- minish the self-esteem of children who aisle. Maybe government has to get tion’s waterways are too polluted to must attend these run-down and over- bigger and bigger and bigger. But what swim or fish in. The Democratic budget crowded schools. we are trying to do is just control the provides assistance to States and com- Mr. Chairman, the Republican budget rate of growth. Three goals, pay down munities to reduce non-point pollution, ignores this crisis. The Democratic the debt, control the rate of growth of clean up streams and improve coastal budget, however, creates a tax credit to government, and eliminate the mar- water quality. help States and localities build new riage penalty. The Democratic budget provides vital schools and to make desperately need- Paying down debt, why is it impor- funding for our Superfund cleanup ed repairs. The Democratic plan sends tant? It is important because it brings sites. One in four children under the a clear message that the education of down interest rates. We reduce public age of 12 live within four miles of a our children is a top priority vital to borrowing, we let the private sector Superfund site. It is time, time for Re- our Nation’s future. borrow more and we reduce interest publicans to join us and clean up the I urge my colleagues to reject the rates, lower cost of home mortgages, toxic waste dumps near our schools, failed Republican budget and to vote in lower student loans, lower cost of auto our parks and in our neighborhoods. favor of the Democratic alternative. Mr. SHAYS. Mr. Chairman, I yield loans. b 0020 We heard what happened with the 21⁄2 minutes to the gentleman from President’s tax increase in 1993. Inter- The Democratic budget includes Michigan (Mr. HOEKSTRA). est rates shot up. Over the next year funding to enhance national parks, na- Mr. HOEKSTRA. Mr. Chairman, I they shot up 2 percent, from 6 percent tional forests and other public lands. thank my colleague for yielding this all the way up to 8 percent. That is The final and crucial environmental time to me. tens of thousands of dollars more in area addressed by the Democratic For the last 18 months we have had home mortgage costs, thousands of dol- budget provides funding for water in- the opportunity to go around America lars more in student loan costs or auto- frastructure improvements. These im- and we have had hearings in 17 States mobile loan costs, right out of the provements give localities greater abil- about what works and what does not pockets of the American consumer. ity for compliance and construction of work in education. We have also had an Today interest rates are low. If we much needed wastewater and other fa- opportunity to take a look at edu- continue to pay down debt with these cilities. cation and what education means in surpluses, they will go even lower; 1, 2 Mr. Chairman, as we consider this Washington, and we have found that in percent less if you talk to Alan Green- budget resolution this year, we must Washington education means hundreds span. Paying down debt keeps money also protect our environment. But as of programs, and we say ‘‘Hallelujah, in the pockets of the average American usual, when it comes to our children’s at least they’re all in the Education family. future, the Republican budget is way Department,’’ and it is kind of like, no, Second, controlling the rate of off course. By supporting the Demo- they are spread over 39 agencies, and growth of government. We talked cratic alternative we create a budget we say, ‘‘Well, at least they’re effective H4154 CONGRESSIONAL RECORD — HOUSE June 4, 1998 and efficient which means that we’re sitting around the dining room table Mr. Chairman, the Republican budget reso- going to get those dollars down to and what they could end up cutting. lution is both hollow and meaningless because kids,’’ and it is like, no, that is not None of the traditional families in my it doesn't recognize reality and responsible fis- true either because for every time we district in Texas, I believe, are sitting cal policy. Rather than provide a blueprint for take a dollar out of a local community around the dining room table at this the nation's fiscal policy, this is a testament to and send it to Washington, we only get time, and I doubt they are in Colum- the continuing inability of the Republicans to about 65 cents back to a child and back bus, Ohio either, but I do not know a govern. Truth be known, the budget process to a classroom. lot about Columbus. And if this is the has already been hijacked by the Appropria- That is not very good, and that is not best my colleague can do, he probably tions Committee and the Transportation Com- helping kids. ought to try and keep the job he has mittee. Going around and spending time at got. This budget resolution is a sham. It pro- local school districts, we find out what But, Mr. Chairman, this is not a blue- poses $100 billion in budget cuts beyond the has worked. What works is when we print for the Nation’s fiscal policy. Balanced Budget Agreement we approved last leave control at the local level, when This is a testament to the continuing July, but it doesn't tell us where to cut and we leave the money at a local school inability of the Republicans to govern postpones the tough choices for a future Con- district and do not take it to Washing- the House. gress. It ignores the reality that Congress just ton and siphon off 30 to 40 cents, when The truth be known, the budget proc- approved a highway bill that exceeds the we leave control at the local level, and ess has already been hijacked by the budget agreement by $22 billion. And in its lat- we do not get people at the local level Committee on Appropriations and the est incarnation, it plays games with the pro- begging for money from Washington Committee on Transportation and In- jected budget surplus to hide the fact that the and getting the money back with a frastructure. Last week, 2 weeks ago, majority would rather use the surplus to pay whole lot of rules and regulations. we were racing to get out of here so we for tax cuts than to buy down the $5.4 trillion What works is when we focus on basic could pass a highway bill that every- federal debt and strengthen Social Security. academics, and what works is when we body could pave up their State, that Not only does this budget resolution renege empower parents. busted the budget by $22 billion. We on the good faith, bipartisan agreement Now is not the time to come up with forgot all about the Balanced Budget reached last year to balance the budget, but a whole new range of education pro- Act of 1997. Democrats and Republicans it goes even further by destroying our hard grams in Washington that move con- were in a real big hurry to spend as work to achieve that agreement. Last year's trol away from parents and away from much money as possible. We gutted the hard work has given way to magic asterisks, the local level and move it to Washing- veterans’ program by somewhere be- false hopes, and irresponsible promises. It's ton. tween $11 billion to $17 billion, depend- only now that we are finally balancing the What is the mantra in Washington? ing on what committee and whose budget and escaping the pit of red ink that has Where have we gotten to today? numbers are used, and then we found quadrupled our national debt and made inter- Where we are moving to in Washing- out that it was not done properly. So est payments the third largest federal pro- ton is we say, ‘‘We want to build your we race back in here quietly on Tues- gram. It's the height of irresponsibility that the schools, we want to put in your tech- day, and when no one was looking we majority would now propose that we go down passed by voice vote a correction of nology, we want to hire your teachers, that road again. we want to determine your class size, that. The ``one percent plan'' is a pithy slogan, That is what Republican control has we want to teach your kids about sex, but it's the biggest sham of all. The truth is been all about. They stuck it to the we want to teach your kids about that this budget doesn't cut just one percent. veterans, they stuck it to the budget drugs, we want to feed them breakfast, By exempting three-fifths of the budget and process, and now at 12:30 in the morn- we want to feed them lunch, we want failing to take the highway bill into account, ing we are going to debate this grand to feed them snacks, and other than this bill would actually cut some domestic pro- budget resolution. They cannot even that they are your local schools.’’ grams by as much as 19 percent below a get the senior team down here to de- Let us keep control with parents. freeze. That means deep cuts in education, bate the bill. Mr. SPRATT. Mr. Chairman, I yield social services, environmental protection and 30 seconds to the gentlewoman from b 0030 other vital programs, and leave our nation un- Michigan (Ms. RIVERS). This is just ridiculous. And then you able to increase vital investments such as Ms. RIVERS. Mr. Chairman, I will think that after the fact we are going medical research. Despite what the majority take just a brief amount of time to to have to, under the Balanced Budget may say today, it also means draconian cuts point out that in the committee meet- Act of 1997, have to continue to make in Medicare and Medicaid, and even in the ing I did put forward a proposal to do reductions in discretionary spending, newly enacted Children's Health Insurance what several of the Republicans on the both defense and non-defense, we are Program that we worked so hard to create just committee as well as other members of going to continue to make reductions nine months ago. the party have suggested, which is to in that, and then you want to go in and Most prominently, the budget resolution ne- send back 40 percent of all special edu- make another $100 billion of reduction, glects that fact that we have a $5.4 trillion cation dollars to the States, to local $50 billion approximately in non-de- debt and that we spend $250 billion on inter- school districts. Made a very strong fense. And you talk about waste. You est annually. that's about three percent of case for that. could not find one dollar, not one dol- GDP. By sticking to the 1998 Balanced Budg- The majority declined to do that, and lar of waste in defense. What happened et Agreement, interest payments on the debt instead substituted for my motion a to those ashtrays and the toilet seats would fall to just one and a half percent of motion to make it a sense of the Con- that we were paying all that extra GDP by 2008. Paying down the debt yields gress. So the gentleman from Michigan money for? ample rewards because interest payments on (Mr. HOEKSTRA), along with others on But you really think those cuts are the debt would fall. This would free up private the committee who were given an op- going to be made, and then you are and public investment. Long term interest portunity to make a very clear and going to go spend the money on the tax rates would fall further as well. Then, a re- concrete statement to send dollars cut. What you are going to do is end up sponsible tax cut or even greater investment back to schools, declined to do so. spending the surplus, just like you are in education, children's health care, and re- Mr. SPRATT. Mr. Chairman, I yield trying to do with the transportation search become possible. These productive in- 21⁄2 minutes to the gentleman from bill, and running up the debt. vestments help keep our economy growing. Texas (Mr. BENTSEN). You know what that is going to do in If we abandon fiscal discipline, by the early (Mr. BENTSEN asked and was given the end? It is going to make the Social 2040s, CBO projects that federal debt will ex- permission to revise and extend his re- Security problem worse, and then you ceed 100 percent of GDP. That is nearly twice marks.) are going to come around and try to as high as the current ratio and is a level pre- Mr. BENTSEN. Mr. Chairman, it is privatize it and do away with the safe- viously reached only at the end of World War really kind of a joke that we are here ty net. That is why you are doing it at II. at 12:30 in the morning Eastern time 12:30 in the morning, because you know Included in the $5.4 trillion debt is $600 bil- debating this. We heard about families this is a joke. lion of Treasury bonds owned by the Social June 4, 1998 CONGRESSIONAL RECORD — HOUSE H4155 Security trust fund that will have to be retired Mr. Chairman, I rise in support of the pay for tax cuts. However, the dif- after 2013. The budget resolution should give Kasich budget. There are four rel- ference in the last time and this time serious attention to paying down the debt to atively easy planks that the American is we are not certain where they pro- reduce interest and principal costs to ulti- public does understand. Pay down debt. pose to cut the $100 billion. We know it mately strengthen the Social Security Trust Forty percent of public debt is Social is supposed be in domestic, but we do Fund. Raiding the surplus to pay for tax cuts Security debt. You pay that down, you not know where. We only know they will put us in worse shape. In fact, if only half save Social Security. It makes sense. intend to cut $55 billion from entitle- the surplus was spent, interest payments You shrink the government by 1 per- ment programs, including some $10 bil- would rise $12 billion over the next five years. cent, and you relieve families of the lion from Medicare, until last night. According to the CBO, spending the annual marriage penalty. Then that became too political. We surplus would cause the fiscal gap, which is Under the balanced budget agree- said we do not want to be political, but the size of the permanent tax increase or ment, and that is really the crux of the that became too political and risky to spending cut needed to keep the ratio of fed- problem here tonight, some viewed it do. eral debt to GDP at or below its current level, as a ceiling, some viewed it as a floor. Guess what you did? You decided to to increase to 2.3 percent of GDP from 1.6 It is not a ceiling. We can do better. We cut that from the most vulnerable peo- percent of GDP. This translates into an esti- get paid to do better. The American ple in America, the poorest of the poor. mated $200 billion tax increase or spending public expects us to do better. Yes, your Welfare Reform Act that you cut. Last year was not a stopping point. wanted to keep there, you reneged on Additionally, some on the other side of the They still feel overtaxed, feel that the your commitment to the States that aisle might argue that the surplus is scandal- government does too much in this you would provide welfare reform, but ous because it's expected to grow to $1.34 country. $9.1 trillion to $9 trillion. made sure that your objective had $10 trillion over the next five years and that money That is not a whole lot to ask in most billion now that will be taken from should be returned to the American people in cities in this country. Maybe not in there. $12 billion from Medicaid. You the form of a tax cut. But, that money is es- this town. are not fair to the poor, you are cer- sentially today's profit that needs to repay yes- We talk about marriage tax relief. tainly not fair to seniors, and, in fact, terday's debt. No business would carry such a We had an interesting comment from you are really cruel to the most vul- debt much less make no effort to repay it. En- the other side earlier on. The rhetori- nerable people in the community. acting a tax cut this year would like a business cal question was, where do the tax cuts Yes, this may sound like rhetoric, that carries significant debt, has a great year, come from? Where do the tax cuts but it is the basic truth. You are also and then pays out its new profits in dividends come from? cruel to veterans. It is cruel that you instead of paying down its debt. Companies Tax money is our money. We send it would treat veterans, those who pro- know that paying down debt is the only way to here, hopefully to be used appro- tect this country, in the way they increase its value in the long term, which priately, and we ask for some of it have. would make more money for investors. So back. That is where the money comes Mr. Chairman, I support fair cuts, both tax cuts and personal savings accounts from. We know where the money comes and most Americans do. In the Spratt substitute that will be offered tomor- are irresponsible before paying down the debt. from, from the people who work. So before we start tinkering with half-baked Last January we saw the old Bill row, there will be $30 billion in fair tax notions of privatization, it is important that we Clinton, the post-election-year Bill cuts. Fair tax cuts. Mr. Chairman, I will also tell you, begin a debate on Social Security with a clear Clinton, the nanny state Bill Clinton the gentleman from South Carolina understanding of what Social Security is and came back. You heard the numbers, 85 (Mr. SPRATT) tells you where those off- why it was created before we begin proposing new programs, $150 billion in new radical solutions. And we must not confuse sets will be. It is paid for. There is no spending, new tax increases, the whole ambiguity around it, no mirrors and problems while trying to solve them. nine yards. First and foremost, we must remember that smoke. What led to this? What do we hear to- I suppose fairness is to be for certain Social Security is a safety net below which no night and every day on this floor? The American will fall. It is a retirement security citizens and not for others. We should politics of yes, because the politics of program, it is a disability insurance program have a budget resolution that speaks to yes is real easy. The politics of no and it is a survivor insurance program. It is not the needs of all America, including all means leadership. It is not easy to say a 401(k) or an individual retirement account. It citizens, not just some of the citizens. no. It is not easy to say maybe a cent is also an income transfer program whereby And this program does not do that, be- from every Federal dollar over 5 years. higher income workers support lower and cause in addition to the $10 billion It is easy to get votes when you say moderate income workers through the estab- coming from welfare, what we call as- yes, because the politics of yes is easy, lishment of the safety net. Without the cross- sistance to the dependent children, in and the politics of yes ruled this town subsidy the net is pierced. Any reform must addition to that, food stamps will be for 40 years, and a bunch of us came not destroy the safety net, or it will destroy the cut, training, welfare-to-work will be here a couple of years ago to exhibit essence of the program. cut, WIC will be cut, LIHEAP will be If we squander the surplus without begin- some leadership and say no for a cut, Title I education will also be cut. ning to retire the national debt to a more man- change. And sometimes no is not pleas- By repealing our vital education pro- ageable level, in the long run, we may have to ant and sometimes no leads to negative grams, the Republican plan just fails to borrow more to pay off bonds as they come ads against you on TV, and that is the understand that the American people due, including the Social Security, and we will way it goes in the United States in the put education first as their main prior- be shortchanging the American people. With- 1990s. ity. out maintaining a course of fiscal discipline, I rise in support of the Kasich budget The Spratt commitment, yes, it does the Congress' hard work since 1990 will be for this reason: We should reject the have a new initiative. The new initia- compromised. Federal budget surpluses will politics of the old and the politics of tive says 75,000 new teachers. Again, be short lived and we will return to deficit yes, as the American people have done, you say that is spending more. Yes, but spending. Given the impending retirement and give the American family a break he tells you how that will be paid for. boom and the economic and political uncer- for a change, because they deserve it. $10 billion over 5 years, $2 billion a tainty brought on by the Asian economic deba- Mr. SPRATT. Mr. Chairman, I yield 2 year, and it is paid for. That is not cle, that's not a direction we want to move. minutes to the gentlewoman from spending more money. It is simply Mr. SHAYS. Mr. Chairman, I yield 3 North Carolina (Mrs. CLAYTON). changing the priorities to speak to the minutes to the gentleman from Mary- Mrs. CLAYTON. Mr. Chairman, I needs of the people. land (Mr. EHRLICH). thank the gentleman for yielding me Mr. Chairman, I urge a ‘‘no’’ vote on Mr. ERHLICH. Mr. Chairman, I time. the Republican resolution. thank the gentleman for yielding me Mr. Chairman, I rise in strong opposi- Mr. SPRATT. Mr. Chairman, I yield 3 time. tion to the proposed Republican budget minutes to the gentleman from North I guess there are some first-teamers resolution. This resolution is very Carolina (Mr. PRICE). still around here. I see some first- similar to the very one we discussed Mr. PRICE of North Carolina. Mr. teamers behind me. last year, proposing spending cuts to Chairman, much of our debate tonight H4156 CONGRESSIONAL RECORD — HOUSE June 4, 1998 has focused on the fiscal irresponsibil- and observes the budgetary rules that ernment over that fight. Three years ity of the Republican majority’s budg- have produced surpluses and a booming later, I am proud to be standing here, et, on its failure to reserve the surplus, economy. It gets our country’s prior- and we did not balance it in 7 years, we its failure to ensure the future of So- ities straight, including the education balanced it in 3 years. They brag about cial Security and to reduce the na- of our children. I urge support for the the surplus, the surplus their President tional debt, its failure to take account Democratic alternative. fought us tooth and nail over. of the huge transportation bill we just Mr. SHAYS. Mr. Chairman, I am de- Let us talk about the President and passed, its failure in double counting lighted to yield 41⁄2 minutes to the gen- his record. He says the era of big gov- the savings from veterans health care tleman from Arizona (Mr. SHADEGG). ernment is over. Do you know why? Be- and Social Service accounts. (Mr. SHADEGG asked and was given cause for him the era of bigger govern- But the Republican budget is not permission to revise and extend his re- ment had just begun. In his budget, only fiscally unrealistic and irrespon- marks.) which they do not have the guts to pro- sible, it also gets the priorities wrong, Mr. SHADEGG. Mr. Chairman, there pose, taxes go up by $130 billion. New and that is what I want to address in has been some talk about whether or spending goes up by $150 billion. the few minutes that I have tonight. not we are defending the Republican There are 39 new entitlement pro- It gets the priorities wrong. I want to budget and whether we are proud of it. grams. They talk about controlling en- stress one priority, education, which is I am very proud of this budget. This titlement spending, but their President number one in my district and number budget does set the right priorities and proposes 39 new entitlement programs. one to me personally and which rep- takes this country in the right direc- Do you want to burden the American resents an investment in the future of tion. If there were a little more truth people? That is the way to do it. And 85 our children and our country. on this floor and a little less rhetoric, new additional programs. The Republican budget would cut the perhaps we would see that. Let us talk about the other issue education and training portion of our We have heard our colleagues on the that has really gotten to them tonight, budget by some $4.4 billion below, other side say time after time after and that is the fact that this is a 1 per- below, the balanced budget agreement. time that this budget cuts spending. cent cut in spending. That has really Details are few and far between, but Let me make it very clear. Nowhere bugged them all night long. They have the Republicans claim to find savings outside of this beltway that surrounds come to the floor and said, by, gosh, by consolidating higher education pro- this city is an increase in spending this is a fraud to call it a 1 percent cut. grams. While the budget promises to from $7.8 trillion over 5 years up to $9.0 Do you know what? In a technical increase Pell grants, there is no way of trillion a cut. It is simply not a cut. We sense, they are right, because it is not telling what might be cut in order to cannot go from $7.8 up to $9.0 and call a cut in spending. achieve that. Will work study be cut? it a cut. So let us get that point of Spending is going up. In our budget, Will State student incentive grants be truth on the record to begin with. it goes up at about the rate of infla- eliminated? Will the Republican budget Then let us go to what this debate is tion. In their budget, it goes up dra- limit the access to higher education really about, because it really is a very matically above the rate of inflation. that is the key to a higher standard of simple debate. It is a simple debate be- They want bigger. They want more. living, that is the key to equipping tween their belief in bigger govern- They want deeper into the people’s people to meet their goals and better ment and higher taxes because they do pockets because they think only gov- serve their families and serve their not trust people; our belief in a slightly ernment is the answer. But do you communities? smaller, more efficient government know what? Our budget is a 1 percent with lower taxes because we do trust reduction in the planned increase in b 0040 people. spending. The House has just passed a Higher That is the fundamental debate going My friend, the gentleman from Min- Education Act which promises to open on here tonight. They want to reach nesota (Mr. GUTKNECHT) just said it: up opportunities, and yet this budget deeper into the pockets of the Amer- Well, take a 1-inch notch out of a belt takes little or no account of that. ican people and take more money out that is 9 feet 1 inch long. I think the In the area of elementary and second- so that they can spend it because they American people understand we can do ary education, the Republicans propose do not trust Americans to spend their that, and they are darn proud of us for to repeal the current Title I program own money. trying and darn proud of this budget and create a voucher program in its The gentleman from South Carolina for doing it. It is a 1 percent cut. Deal place. Title I provides opportunities for (Mr. SPRATT) talks about a $30 billion with it. disadvantaged young children who are tax cut in his budget. Unfortunately, Now, details. They say, oh, we lack the most vulnerable in our society. The that just is not true. There is not a $30 all the details. There is a process for Republican budget will put Federal ef- billion tax cut in the Spratt budget be- details. It is damned if we do and forts to meet the needs of these at-risk cause there is not a $1 billion cut in the damned if we do not. They want to see children in jeopardy. Education is the Spratt budget, because there is not a the details because they want to ridi- key to equal opportunity. one penny tax cut in the Spratt budget. cule the details. The House Republican budget would Because do you know what the Then they do not want to deal with do more damage to the goal of expand- Spratt budget does? It raises taxes on the fact that the process here says the ing opportunity than any budget in re- some Americans by $30 billion and in- budget resolution is supposed to set cent memory. The Democratic budget, cludes a sense of the Congress that we numbers. The details are supposed to by contrast, is fiscally responsible, and ought to give that $30 billion back. Do come from the appropriators and the it recognizes the priority we place on you know what? The American people authorizers. In this case, that is the education. are going to figure that out. If we raise process we are going to follow, and it is It includes the provision to reduce taxes on some by $30 billion and we the process the American Constitution the classroom size in this country in lower it on others by $30 billion, that is and the laws and the rules that govern grades one through three with the hir- a net tax cut of zero, not a net tax cut this Congress are arranged to deal with ing of 75,000 new teachers. It provides of $30 billion. and are designed to deal with. tax credits to enable working parents So how does that fit into the scheme? They believe in government. We be- to afford good child care. It provides a That fits into the scheme that they lieve in people. Do you know what? The tax break so that school districts can want more of the American people’s American people sent us here to do more easily finance the bonds nec- money, and we want to leave more of that. essary to modernize and build schools. the American people’s money with The Spratt budget says one more These modest initiatives are all paid them. thing. It says that in the balanced for, and not a penny, not a penny The President, the President told us budget agreement of last year we set a comes from the surplus. in 1994, right after I got elected, that spending floor. Do not go below it by a The Democratic budget is consistent we could not balance America’s budget dime. Do not try to save another with the balanced budget agreement in 7 years; and we shut down the gov- penny. June 4, 1998 CONGRESSIONAL RECORD — HOUSE H4157

Do you know, I have a family that I He was then joined by Senator STE- New York Times ‘‘budget baloney.’’ We run. In my family, in the Shadegg fam- VENS, another Republican leader, chair ought to defeat this budget because it ily, because we built a budget last of the Appropriations Committee, and is not honest, as I said, at 1 o’clock or year, we do not quit trying to save he said, if the Republican budget in the 6 o’clock, at any time. money next year. Do you know what? House is adopted, ‘‘I don’t think Con- As Stockman said in 1983 in his book, In every family budget in America, if gress could function.’’ The New York we hid the real facts. We said we were they can figure out a way to save a lit- Times, Senator DOMENICI, Senator STE- going to cut later, and guess what? Ev- tle bit more money next year, they try VENS. erybody knew, everybody knew, includ- to do it. We have had a lot of talk on this ing Stockman at the time he offered In every business in America, the en- floor. In 1993 your CBO said the 103rd the budget that ballooned these defi- tire rubric is efficiency. Produce more Congress reduced the deficit by $116 bil- cits out of sight that this President has with less. That is what the genius of lion. That same CBO, not a Democratic brought down, that it could not be America is about. But inside the belt- CBO, that same CBO, said that the done. They repeat that error today at way, inside the Congress, inside this 104th Congress, 105th Congress and the country’s risk. highway, inside this House, the only 106th Congress, reduced it by $23 bil- Reject this budget, pass the Spratt thing we can do is more means more lion; in other words, 20 percent of what budget. It is good for America. Mr. SHAYS. Mr. Chairman, I yield means more means spend more. It was done under the Clinton Congress myself 1 minute. with Democratic leadership. means reach into the pockets of the Mr. Chairman, to be perfectly honest, Mr. Chairman, that is not why we American people deeper, and it is I was one of the 49 people who voted for balanced this budget, because there wrong. that tax increase in 1990, and I have re- was another budget in 1990 that a Mr. SPRATT. Mr. Chairman, I yield gretted it ever since. I vowed I would 1 President named Bush had the courage myself 1 ⁄2 minutes to respond. never do it again. I vowed I would not at that time to stand up and say it was Mr. Chairman, first let me respond do it, because when we increased the with respect to the tax cuts. We see a necessary because the OMB director, so-called luxury tax and increased the code replete with deductions and cred- Mr. Darman, and maybe even Mr. taxes, we got less revenue, because its and exemptions and preferences and Sununu, said ‘‘You had better do this. taxes are dynamic. When we cut taxes concessions, and most of them work to You had better do this if America is on capital gains in 1997, we found that the advantage of well-heeled taxpayers. going to get on the right track.’’ taxes grew. We are saying in this resolution to the So it was the 1990 budget deal, the That is the way I honestly feel. I felt Committee on Ways and Means, can 1993 Budget Act, for which no Repub- that a lot of the gentleman’s dialogue you not give the code a scrub and see if lican voted, which was, by the way, was rhetoric to me tonight. I would you cannot tilt the code a little bit not, underlined not, the largest tax in- just like to be honest and tell the gen- more in favor of working families so we crease in history; not. The largest tax tleman that one of the things that can increase the child tax credit, and, increase in history was in 1983, signed really concerns me is this House thinks yes, mitigate the marital penalty? Can by Ronald Reagan. Check the facts. it has a surplus, and we can go on our we not do that within the code? Check the book. spending ways. That is how I honestly Let me say something about the Stop lying to the American people. feel. growth of government. I am reading What the American people want, I am ashamed of the transportation from a CBO report, the Economic and whether it is 1 o’clock in the morning budget that passed, and I am grateful Budget Outlook of the Government. in Columbus, Ohio, or 7 o’clock in the that the gentleman from Ohio (Mr. Discretionary spending once again. evening in Honolulu, Hawaii, is hon- JOHN KASICH) reoriented us to think When President Clinton came to office esty. about saving money, rather than in 1993 it was $540 billion. Last year it This 9-foot belt is the diet they want spending money. That is how I hon- was $548 billion, 1997. In 4 years it grew to go on; 1 percent, baloney, malarkey, estly feel. by $8 billion. mockery. They cut it by three-tenths Mr. HOYER. Mr. Chairman, will the Let me remind my colleagues again, of an inch next year. Why? Because gentleman yield? the middle of the Reagan years, 1986, they do not want any political rami- Mr. SHAYS. I yield to the gentleman the government was taking 23 cents fications. Then the next year they cut from Maryland. out of every dollar made in this econ- it by six-tenths of an inch. They are al- Mr. HOYER. Mr. Chairman, can I ask omy. Today it is down, under the Clin- most up to an inch, the courageous the gentleman an honest question? ton administration, to 19.9 cents, down budget cutters over there. Then, to the Mr. SHAYS. Sure. three full percentage points. fifth year of their diet, they cut it by Mr. HOYER. I voted with the gen- two inches. Guess what? None of us tleman on ISTEA. b 1250 may be around by then, so we may not The CHAIRMAN. The time of the Mr. Chairman, I yield 5 minutes to have to do the consequences. None of gentleman from Connecticut (Mr. the gentleman from Maryland (Mr.

Mr. NEUMANN. Mr. Chairman, I rise (Mr. KASICH) to clarify a particular Place, a firm recently asked 2,000 to express my support of the Kasich issue that I have had Members coming adults in the United States of America, budget, too, and to supply praise to our and asking me about, and I just want Kelly Ann Fitzpatrick’s poll, the Poll- chairman. He came into a meeting to make sure that I understand it cor- ing Place, ‘‘Do you think spending at about 2 months ago. The meeting was rectly. the Federal Government level should kind of downcast at that point. He I would just like to verify, and this go up faster than the rate of inflation, said, it is about time we got back on refers to section 5 in the substitute at the rate of inflation, or slower than track and started doing what we came amendment, and I would just like to the rate of inflation?’’ It was a 90-to-3 here to do. He got a lot of us fired back verify that this in no way has any im- answer in the American people. Ninety up and back on track, doing what we pact on congressional salaries in one percent of the people said government came here to do in the first place, way or another. This is designed to re- spending should go up at or below the which is get spending under control. quire that any salaries for any new rate of inflation. And if we take Social In regard to the last comments that commissions and employees of those Security out of the picture, that is ex- I have heard here, I have to say, if commissions, such as the Social Secu- actly what this budget accomplishes. somebody can show me a bigger tax in- rity that is being discussed, that the This budget is not about a Democrat crease in the history of the United salaries of these new employees shall or Republican fight or this rhetoric States of America, or the history of the be under the heading of discretionary that we are hearing here tonight. It is world, for that matter, than the 1993 spending as opposed to mandatory about what the American people want tax increase, I would certainly be in- spending, and that is the purpose of the by a 90-to-3 margin. The American peo- terested in taking a look at the statis- discussion here in section 5. It merely ple expect us to keep our budget going tics. changes the accounting procedures by up at or below the rate that the family But I will tell the Members this, I which the House estimates the cost of budget is going up out there across this know for a fact, I know for a fact, that appropriations bills. It clarifies that great country. the American people did not want a tax pay or compensation for Federal staff That is what this budgeting is about. increase on gasoline of 4.3 cents a gal- positions such as those of Federal com- It is not about the rhetoric. It is about lon that was not even spent to build missions are subject to annual appro- holding the line on spending. Not Dra- roads. I can absolutely guarantee the priation. conian cuts, but holding the line on gentleman that the senior citizens in This change conforms House scoring spending so that it does not go up fast- the United States of America did not practices with those in the Senate. In er than the rate of inflation. It would be my pleasure tomorrow to want a tax increase on their Social Se- summary, it is a technical change in curity benefits. That was the wrong ap- vote for the Kasich plan. budgetary treatment of Federal posi- Mr. SPRATT. Mr. Chairman, I yield 4 proach to balancing the budget. tions. It makes no change whatsoever I have a colloquy I need to get into, minutes to the gentleman from Vir- in pay or compensation levels. but before I do I just want to show the ginia (Mr. MORAN). Mr. KASICH. Mr. Chairman, will the Members how we did get to a balanced Mr. MORAN of Virginia. Mr. Chair- gentleman yield? budget, and show what the American man, in his introductory speech, the Mr. NEUMANN. I yield to the gen- people really wanted and why they gentleman from Ohio (Mr. KASICH), tleman from Ohio. turned over control of the House of chairman of the Committee on the Mr. KASICH. Mr. Chairman, the gen- Budget, talked a great deal about Representatives in 1994. tleman is correct. The Democrats brought us the an- American families. Well, Federal em- Mr. NEUMANN. Chairman, reclaim- swer of higher taxes in 1993, and that ployees are members of American fami- ing my time, I thank the gentleman. I was the wrong answer. The right an- lies, too. appreciate that. swer is they wanted us to get spending Last year, Federal employees’ fami- Mr. Chairman, I would like to get under control in government. The lies were asked to contribute almost $5 back to a further discussion of this American people could not figure out billion in savings so that every other budget and exactly what it is all about, why it was that the government budget American family could enjoy a tax cut. because when I got out here to Wash- had to grow faster than the family And in return for that contribution, ington, I got off the plane this week budget. Year after year after year after Congress fixed the structure of the from Wisconsin, and it is like I enter a year the budget in this community Federal employee’s health benefits brand-new world out here. Everything kept going up at twice the rate of infla- package to make it more affordable tion, much faster than the rate of in- is different. Everything I understand in and sustainable. flation. Wisconsin, when I get out here it is all This budget reneges on that contract When we came in here we said, we are different. and does so in a way that will cause not going to balance the budget by In Wisconsin, we would say that if we immeasurable harm to the Federal em- higher taxes, we are going to get spend- spent $1,722 billion in one year and ployee’s health benefits program and to ing under control in this community; $1,910 billion in another year, we would the Federal civil service by changing not draconian cuts, we are just going call that a spending increase. In fact, the formula on which the employer’s to get spending down to a point where under the Kasich plan, we are going to share of their health premiums are it is not going up faster than the rate have spending of a total of $9 trillion. based. of inflation. That is 9,000 billions of dollars over the This maneuver saves $3,300 billion, I brought a little chart with me here next 5 years. An inflationary number but it is an unwise policy change, and this evening. Before we got here, this is would be approximately 8,980 billion, so it violates last year’s budget agree- the last 7 years before we got here, it the increase is roughly at the rate of ment that stabilized the cost-sharing was Democrat control of the House of inflation. relationship between the Federal Gov- Representatives, with spending going Mr. Chairman, I would like to again ernment and its employees. up at 5.2 percent annually. This is now. commend the gentleman from Ohio According to CBO estimates, this This is how we got to a balanced budg- (Chairman KASICH), because if we take change would reduce the employer’s et. We got spending under control. This Social Security out of the picture, share of health insurance premiums shows 3.2. The actual spending growth which is increasing faster than the rate from 72 percent to 50 percent over the rate is down even lower in this blue of inflation for obvious reasons because next 7 years. In other words, the em- column. It has actually been cut in we have new seniors coming in, if we ployee’s share will rise from 28 percent half, not draconian cuts but spending look at the rest of the budget other to 50 percent. brought under control, to the point than Social Security, we would find This will result in Federal employees where it is only being allowed to grow that the Chairman KASICH and the and retirees paying hundreds of dollars at the same rate as inflation. Committee on the Budget has held more in additional health care costs. spending increases actually below the Moreover, the budget resolution will b 0100 rate of inflation. lead to adverse selection by encourag- Mr. Chairman, I need to enter into a I bring this up for a good reason. We ing healthy employees to switch to less colloquy with the gentleman from Ohio recently asked through the Polling expensive plans. June 4, 1998 CONGRESSIONAL RECORD — HOUSE H4159 This will profoundly undermine the for the money they earn. They want to As my colleague from Arizona point- integrity of the Federal Employee’s hang on to more of it and send less of ed out, there are two philosophies at Health Benefits Program. The Federal it to Washington, D.C. I appreciate the work here on the floor. When you strip Employee’s Health Benefits Program is concern that we all have for Federal away the rhetoric and the revisionist one of the most successful programs in employees, but there is a broader ques- history and some of the mundane the country for providing health insur- tion that requires comment based on points, there are really two philoso- ance to employees. It is promoted as what the gentleman from Virginia just phies here. It is this simple concept. Do the model for any changes in Medicare, recited, and it is this. The fact is in the we want to continue runaway spending military retiree health care. We just early 1990s, government at all levels and runaway growth, or are we reason- incorporated FEHBP into military re- had become this Nation’s number one ably assured that we can put the tiree health care, Medicaid and so employer; and in the early 1990s, gov- brakes on to the extent not that we many private insurance plans. It is suc- ernment outstripped manufacturing in offer draconian cuts in spending but cessful because it is managed as a part this country in excess of 600,000 jobs. that we offer government spending at of a compensation package for Federal And the fact is that has only grown. the rate of inflation? employees, and it has thus been pro- So there is a larger question. Should It is a reasonable concept. We have a tected up until now from arbitrary po- dedicated, hard-working people have chance to build on this historic land- litical changes. more opportunities in the private sec- mark, not to have it as the floor nor Although it is one of the most suc- tor rather than always searching for the ceiling but as the starting point on cessful programs, it is definitely not government? which to build and improve, for we one of the most generous health insur- And I understand the political dy- have the chance to allow the American ance packages. Making the changes namic. I understand how sadly some people to hold on to more of their that this committee proposes will not people are yoked to the public employ- money and at the same time increase only hurt Federal employees and Fed- ee’s union and to Boss McEntee and surpluses by simply recognizing this eral retirees living on fixed incomes, Boss Sweeney and those who claim we fact. but it will also hurt the ability of the should always have more government We have asked the American people government to recruit and retain high- jobs and more government spending to sacrifice time and again so that est-quality employees. And that will and higher taxes. Washington could offer more and more hurt American citizens who count on b 0110 programs. Let us make this change. professional, efficient, incorruptible Let us ask Washington to rein it in so Federal workers to serve them. There is another component of the that American families can hold on to Mr. Chairman, this alone is a reason Spratt plan that my colleague from Ar- more of what they earn, so that work- to oppose this budget resolution. There izona pointed out: No net tax cuts but ing people can provide for their own are other reasons. The tax cut basi- a sense of the Congress resolution that families. cally is financed by using what is a sur- maybe conceivably tax cuts, tax relief There are a lot of dedicated people plus from Social Security Trust Funds. might be a good idea. that work for the government. I have We do not have a surplus now in gen- My friend from South Carolina want- no doubt of that. But no Washington eral funds. We have a surplus in Social ed to task my committee, the Commit- bureaucrat, no matter how well-mean- Security Trust Funds. There is still tee on Ways and Means, and he talked ing or how compassionate, can possibly about a $50 billion general fund deficit. about massaging the Tax Code and var- care for your family as much as you Perhaps over the years it is projected ious and sundry other measures. Mr. can. Our budget plan recognizes that in we will have a surplus that we can de- Chairman, we do not need to massage a common sense fashion that does not vote to tax cuts. But when we promise or try to change in that way. What we rely on smoke and mirrors and does the American people these kinds of $100 need to do is clearly and unequivocally not promise everything to everybody billion in tax cuts without a real sur- offer tax relief to working families. but says simply this: It is time to rein plus to do so, it is irresponsible, it is a One of the most egregious tax pen- in spending, it is time for a common false promise. This budget resolution is alties we have today is the marriage sense approach. It is time to stand on a political document and it should be penalty. It is our goal, with this com- the shoulders of those who have gone rejected. mon sense conservative majority budg- before, and it is time to improve on the Mr. SHAYS. Mr. Chairman, I yield 6 et, to outline for the American people bipartisan agreement of last year. Let minutes to the gentleman from Ari- a reasonable, rational way to throw off us do so. zona (Mr. HAYWORTH). the yoke of this marriage penalty, to Mr. SPRATT. Mr. Chairman, I yield 4 Mr. HAYWORTH. Mr. Chairman, I allow working families to hang on to minutes to the gentleman from New thank the gentleman from Connecticut more of what they earn, not to be pe- Jersey (Mr. ANDREWS). (Mr. SHAYS) for yielding me this time. nalized, and to understand underpin- (Mr. ANDREWS asked and was given Mr. Chairman, it has been interesting ning all of this is the common sense permission to revise and extend his re- to listen to this and I would note I am notion that this money belongs to the marks.) honored for the mention of prime time American people. Mr. ANDREWS. Mr. Chairman, I in Arizona, because it is high time my I heard some friends from the other thank the gentleman for yielding time constituents believe to approach these side talk about education. I would ask to me. questions with less heat and a lot more those friends to join me in the spirit of My 5-year-old daughter Jacquelyn light. bipartisanship for those educational so- graduated from nursery school last I listened with interest to my col- lutions that empower local commu- night and I was unable to be in attend- league from Maryland decry the largest nities and parents and teachers rather ance because I thought this was an im- tax increase in American history. He than empower Washington bureau- portant place to be for this debate. said that fact was not true. I would crats. The President of the United States, agree with him to this extent. A mem- Indeed, I have put forth two bills. I Members of both parties of this institu- ber of the minority party in the other would welcome bipartisan sponsorship tion and, more importantly, workers body, Senator DANIEL PATRICK MOY- of the new Education Land Grant Act and entrepreneurs around America NIHAN of New York, called it the larg- that offers conveyances of federally have already given my daughter and est tax increase in the history of the controlled land with no budgetary im- her classmates a very precious gift in world. So I think that is important to pact, so that we can make sure that re- the last few years, in that we have note for the record. sources are used to help children learn stopped running our government by But we are really not here to hurl and help teachers teach in a way that borrowing money. brickbats as much as we are here to try draws on the best of our history and That is a magnificent achievement to find reasonable solutions for the the best of our experiences. Proverbs that we should make sure that we en- American people. notes there is nothing new under the shrine permanently into the budgets of The people of the Sixth Congres- sun, and we see the wisdom of that our Federal Government. I think it is sional District of Arizona work hard scripture. time that we gave my daughter and H4160 CONGRESSIONAL RECORD — HOUSE June 4, 1998 those of her generation another gift, For those and for other reasons, I margin of 10 votes and we did not get and that is the permanent preservation would urge my colleagues tomorrow to the margin to pass that. of Social Security. Because the Spratt reject the budget the majority has put The thing that is very troubling to us Democratic budget is superior to the before us and to embrace and adopt the on this side of the aisle is that the Republican budget in that way, I will resolution put forward by the gen- President sought not to save all that be casting my vote in favor of the tleman from South Carolina (Mr. surplus. He was going to spend $43 bil- Spratt budget and against the Repub- SPRATT). lion of it. lican budget tomorrow. This is not simply a matter of fiscal Mr. SPRATT. Mr. Chairman, I yield Let me explain why. Since 1970 we policy. It is a matter of national integ- the balance of my time to the gentle- have taken about $700 billion out of the rity. Each week when Americans have woman from Michigan (Ms. RIVERS). country’s pension fund, out of the So- their FICA tax taken out of their pay- The CHAIRMAN. The gentlewoman cial Security trust fund. It is now pro- check, they are honoring a promise to from Michigan (Ms. RIVERS) is recog- jected that over the next five years, us to pay their taxes. It is high time we nized for 21⁄2 minutes. somewhere between one half or, I honored the promise to them and Ms. RIVERS. Mr. Chairman, I wanted should say, between one-third and two- adopted the Spratt resolution. to make two comments to my friend thirds of that money will be available b from Arizona, the first one being rel- for replenishment of the money that 0120 ative to the argument that the Presi- we have taken out, somewhere between Mr. SHAYS. Mr. Chairman, I yield 2 dent has already spent $2 billion of So- $240 and $490 billion in accumulated minutes to the gentleman from Ari- cial Security money. surplus. This debate is first and fore- zona (Mr. HAYWORTH). My recollection is that that came most about what to do with that Mr. HAYWORTH. Mr. Chairman, I through the House here as a bill that money, what to do with that surplus listened with great interest to my actually was passed by this House. I that we are confident will accumulate friend from New Jersey. I would just know a significant number of Demo- over the next five years. point out, because I think it is impor- crats did not vote for it, which sug- The Republican plan is mysterious in tant and perhaps the gentleman is un- gests to me that a significant number this regard. The document before us to- aware, that sadly this President has al- of Republicans did therefore join the night is silent, but the record is not. ready violated the promise he made President in the decision to do that. So The majority has talked about an un- right there about keeping the Social I think that when we talk about that tested theoretical think tank approach Security surplus intact in sending two particular issue, we should be talking to Social Security that really is not billions of those dollars to keep troops about the fact that a bipartisan group, Social Security, it is social engineer- in Bosnia. The stakes are too high to the President and a bipartisan group of ing, an idea of giving Americans across engage in catcalls about Social Secu- Members of the House and the Senate the country an undefined amount of rity. The cautionary tale for all of us, decided to make that decision. It clear- money in an undefined account to act Republicans and Democrats, is this: We ly was not a unilateral decision made in an undefined way. When it comes to owe it to seniors, today and tomorrow, on the part of the President. Social Security, I believe that the gen- to end the disinformation, to deal with Secondly, my friend from Arizona tleman from South Carolina (Mr. them straight. I know the gentleman pointed out that he would invite people SPRATT) and the Democrats have the from New Jersey shares that senti- to join him on educational issues and it right answer: ‘‘If the ain’t broke, don’t ment. But for the historic record, as was said in such a way to suggest that fix it.’’ the chairman of the Committee on perhaps I was being disingenuous in my The basic formula of Social Security Ways and Means pointed out in a letter concern. The issue that I raised was has worked in this country for over 60 to the President, as he pointed out in years. The system needs modification that in the Committee on the Budget, yesterday’s edition of the Washington and improvement but the basic for- several people had talked about the de- mula, I believe, does not need retool- Post, this President has already spent sire to have the greatest impact on ing. $2 billion of the Social Security sur- local education by fully funding the Earlier this year I introduced legisla- plus. Federal portion of special education. tion that would guarantee the use of Mr. ANDREWS. Mr. Chairman, will As a school board member for 81⁄2 years, any accumulated Federal cash surplus the gentleman yield? I believe that that is a very important first and foremost for the preservation Mr. HAYWORTH. I yield to the gen- thing to do and it is a view that I have of Social Security. I am very pleased tleman from New Jersey. held for a very long time. I offered an that that principle has been very much Mr. ANDREWS. I ask my friend from amendment to do that very thing. Un- enshrined in the resolution put forward Arizona, the Congressional Budget Of- fortunately the committee was not by the gentleman from South Carolina fice projects surpluses of $223 billion willing to accept that and instead al- (Mr. SPRATT). If his resolution becomes over the 5 years we are talking about tered my proposal to make it a sense of the law, and I am confident that some here tonight. Under the majority budg- the Congress so it would not be bind- form of it will, we will set aside and re- et, how much of that is reserved for the ing. plenish anywhere from one-third to Social Security surplus? I would be willing to join with the two-thirds of that money that has been Mr. HAYWORTH. I thank my col- gentleman from Arizona. If he would taken out of the national pension fund league very much, and I appreciate the like to cosponsor that bill here in the since 1970, so it will not solve the prob- fact that he would like a specific no- House, I would be happy to do it. I un- lem of Social Security because of the tion on this, but I would defer to my derstand he has a bill, a conveyance of demographic lines it will inevitably friend who actually sat in the Commit- land which is probably a nice gesture cross, but it will make the solution to tee on the Budget deliberations for but it does not pay the bills for local that problem infinitely more within these numbers because, as he knows, I school districts, and I think a change our reach, and it is the right thing to do not sit on the Committee on the in the funding formula for special edu- do. Budget. I would be happy to yield to cation would have a huge impact on The difference between the Demo- my friend from Connecticut if he has a local schools and it is something I am cratic budget and the Republican budg- definite answer or perhaps since the very supportive of. et is very stark, very simple and very gentleman from New Jersey asked the We have talked a lot about process, clear. When it comes to the $700 billion question, maybe he would like to share about history, we have put out charts, that Republicans and Democrats, it with all of us in the Chamber. we have talked about our own view of Presidents and Congress have taken Mr. SHAYS. If the gentleman will the problem before us and depending on out of the Social Security fund for the yield, my understanding is that what your perspective, that may be fact, last 8 years, the Democratic budget you all do is you put it into a special that may be demagoguery. But at the puts the money back in. The Repub- fund and then you are paying down end of the day all these proposals are lican budget raises a series of questions debt. We are saving the surplus. We are going to be evaluated by everyday that I believe are not appropriately an- not spending it. We did not go with our Americans on how they affect them swered. separate fund because we only have a and their families. It is going to be the June 4, 1998 CONGRESSIONAL RECORD — HOUSE H4161 impact of the decisions that will deter- ing ways to continue to slow the tricts in our poorest areas by repealing Title I mine whether or not they are sup- growth of government spending and grants. It is shocking that the Republican plan ported. help reduce government. cuts the discretionary education program by I want to talk about one particular He has had a tough battle. He has not $6 billion below last year's Balanced Budget proposal in here, because I think the won all his battles. There have been Agreement and $7 billion below our Demo- impact could be truly egregious. Ini- continual changes to his budget as one cratic plan. tially this proposal came out as a $10 Member or another says, ‘‘I am not We must not eliminate bilingual education. billion change in funding for Medicare. voting for the budget unless we do the Our children who speak a foreign language as On May 12, 1998 we saw that in a docu- following.’’ But I wager to say if he did a first language should not be forced to suffer ment that was presented. Last night not do this battle, we would be spend- because their English is not as proficient. We that decision was altered. My assump- ing more than the caps allowed, as the can learn so much from each other, but only tion is that there was a hue and cry President sought to do. if we listen and work with each other. that went up about Medicare, there The President sought to spend more It will eliminate Americorps and the Legal was an understanding that this is a than the caps would allow in the next Services Corporation both which provide criti- group of people affected, senior citi- 5 years. I do not think my colleagues cal assistance to many of our poor citizens zens, who are a little too responsive, a on the other side of the aisle agreed who need to secure housing, fair pay AND a little too organized, a little too likely with that and are going to come in fair chance. to vote, and so the decision was made with another plan. But we will have ex- We must put the health and welfare of our to go with Medicaid, seniors who are in tensive debate in the next few weeks. people, our families, our communities first. long-term care, kids and poor people. The appropriators will come out with The Republican plan would freeze WIC, and Shame. their plan. The Committee on Ways head start at 1998 funding levels for 5 years, The CHAIRMAN. All time for general and Means will come out with their as well as section 8 Housing causing at least debate on the Congressional budget al- plan. In the end, I hope we come to a a million households to lose federal vouchers lotted to the minority has expired. conclusion that finds this government and certificates by 2003. The gentleman from South Carolina not as large, that saves money, and In fact 14 percent of the Mandatory cuts come from low income programs, hitting those (Mr. SPRATT) as the designee of the provides for a tax reduction in an area who need the funding the most. Our families gentleman from California (Mr. STARK) that is paid for not by surplus but by who need food stamps for their basic nutri- is recognized for 30 minutes on the sub- slowing the growth of spending. tional needs, welfare to work and social serv- ject of economic goals and policies. Ms. JACKSON-LEE of Texas. Mr. Chair- Mr. SHAYS. Mr. Chairman, I just man, I rise today to voice my concerns about ice programs, will lose their tentative grip on self-sufficient independent living when all have a two-minute closing. The gen- H. Con. Res. 284, the House Budget Resolu- these are erased. tleman might just want to make a few tion. I strongly object to the Budget that has Combined with the $12 billion worth of cuts closing remarks, and then we can yield been proposed by the Republican leadership. The Republican plan misses every oppor- in Medicaid/Children's Health Insurance Pro- back the time. Does the gentleman tunity to make constructive investments in our gram, almost 49% of the Republican's manda- care to make any other comments? future to improve our government's services tory cuts hit programs for the poor and near Mr. SPRATT. Mr. Chairman, I am and benefits for our citizens who need it most. poor, even though these programs constitute ready to close. It is 1:25. The House Republican budget resolution only about one-fifth of all entitlements. Mr. SHAYS. Mr. Chairman, I will eliminates the 15% exemption from the food Again, the Democratic bill includes the ``pa- yield back our time after I just make a stamp work requirement for able bodied adults tient's Bill of Rights Act'' which reform the 2-minute comment. without dependents. This will eliminate food managed care system, this will help families Mr. SPRATT. Is the gentleman yield- stamp benefits to more than one million hun- and help those who cannot afford adequate ing back all the time? gry people in the average month. It eliminates health care. The Democratic bill will also fund Mr. SHAYS. I was going to use 2 min- funding for food stamp employment and train- health care, health research related to To- utes and then yield back the rest. ing programs so that people who are relying bacco. The Republican plan ignores the ef- Mr. SPRATT. We are waiving the on food stamps to feed their children and fects smoking has on youth in America. Humphrey-Hawkins debate, then? themselves will have nowhere to find job train- In the President's State of the Union Ad- Mr. SHAYS. We would yield it all ing after they lose their access to food. Over dress, he proposed initiatives in child care, back. a five year period this plan will reduce food health care and education, yet, the Repub- Mr. SPRATT. Mr. Chairman, I yield stamp employment funding by $200 million. licans in Budget Committee voted to reject back the balance of my time. $200 million for needy families. every single initiative, even the most inexpen- Mr. SHAYS. Mr. Chairman, I yield This is a travesty! How can we say that we sive. We have a responsibility to provide for myself the balance of my time. care about the health and welfare of our fu- our nation's future and all the people who Mr. Chairman, this is a process that ture, about our children's health when we re- need services to survive and to thrive. has not been easy for this side of the move poor children's access to crucial health In my home state of Texas, proposed cuts aisle for a variety of reasons. When the care? in the Social Services Block Grant will result in President came in with his budget, he If the Republicans themselves say they can- a loss to the State of Texas of approximately came in with 85 new spending pro- not live with the bill, how can our most needy $28.7 million. Child and Family Services, Child grams, including 39 new entitlements, and most vulnerable populations live with such Care Regulation and Adult Protective Services more than $150 billion in new spending a plan? The answer is that our children, our will be reduced by $8.89 million from the over 5 years, $129 billion in tax in- inner city poor, our single parents, will suffer amount they currently receive, and the Texas creases over 5 years to pay for some of and unfairly. Workforce Commission which receives 1.2% that spending, from the same President In contrast, the Democratic bill includes $10 of the Texas allocation and supports child care who in 1993 signed a very large tax in- billion over five years to help working families. for low income families will be cut by 17% or crease. We had a Congress that got This money can be used to reduce classroom $340,000. The Department of Human Services eager to spend more money, on roads size: 75,000 additional teachers and 1.2 billion providing Family Violence and Community and bridges, and we have frankly on for the Child Care and Early Learning Fund. Care Services will lose 14.34 million dollars. this side of the aisle only a margin of And what about our children's chances for In Harris County where I live, poverty has 10 votes. It is very difficult to bring education, for advancement, for their chance increased 42%, and 240,000 children are liv- forward a budget when you have 435 to be respected, learned and contributive ing in poverty, and 30,000 families are on the Members of Congress who have many members of our communities? The Repub- waiting list for child care assistance. Child different views on how to do a budget. licans themselves have criticized the plan. abuse and neglect accounts for 20% of all But the bottom line is that the gen- Senator DOMENICI in relation to the bill said children's homicides in the county, and only tleman from Ohio (Mr. KASICH) got us ``You just can't do this. This is just not a pos- 42.7% of all the children who were abused in reoriented in a way I think was very sible solution and we [in the Senate] would not Harris County actually received any thera- important. He began to question do it because we couldn't live with it in the peutic services. whether we had assumed that we had waning days of the session.'' I urge my colleagues to think carefully when arrived at a point of surplus where we We simply can and should not terminate all they cast their votes this evening on the budg- did not need to begin to focus on find- direct federal assistance to public school dis- et. It is critical that we consider fairness, and H4162 CONGRESSIONAL RECORD — HOUSE June 4, 1998 compassion in making these decisions. We taxes, then maybe you should consider sup- growth, since business doesn't have to com- must provide adequate resources to ensure porting this budget. pete with the federal government anymore for our America, our children a strong and healthy Federal Reserve Board Chairman Alan capital. future. Greenspan credits the actions of Congress The budget proposal we are considering Mr. HOBSON. Mr. Chairman, I rise today in with the new-found fiscal responsibility that today seems to turn the most common folk support of the budget here before us and urge today rules our federal government. Let's build wisdom on its head. The Republican leader- my colleagues to support the measure. on these successes, not sit on our laurels, and ship seems to be saying: If it's fixed, let's The budget resolution we're debating today let's move forward with the logical next step in break it. Just at the moment that we are is the natural extension of our mission in Con- the budget process, which is to continue to poised to begin paying down our debt and gress to balance the budget, eliminate the def- deliver savings and tax relief to the people of shore up what is widely believed to be an icit, cut taxes, and return power, money and this great nation which we serve. unsustainable social security system, the other influence to the American people. The goals Pass the resolution. side wants to risk opening up the flood gates we are seeking with this budget are the same Mrs. MALONEY of New York. Mr. Chair- of deficit spending. goals of every other major piece of reform leg- man, I remember that when I became a mem- Just how does this budget resolution go islation we have passed here since 1994. ber of this Congress six years ago, the Amer- about doing this? Well, first it calls for a $100 This budget continues our commitment to ican economy was in trouble. In 1993 the billion tax cut in order to address the ``mar- fighting the tendency of government to expand budget deficit was over a quarter of a trillion riage penalty.'' But the marriage penalty is in and spend more money. It slows the future dollars, growth was an anemic 2.3 percent no way considered to cost that much. Further- growth of government by one penny on the and unemployment was hovering at an alarm- more, there is no guarantee at all that in the dollar so that Congress can eliminate the Mar- ing seven percent. final budgets that Congress produces over the riage Tax PenaltyÐa uniquely harmful quirk of Today I can't pick up the paper without next few years that these cuts will have any- our tax code which actually delivers a specific reading about the latest statistics of good thing to do with fixing the marriage penalty. tax increase to men and women who seek to news: the longest period of post-war expan- That will be determined by a Ways and Means build their lives together. sion, with last year an amazing 3.9 growth Committee which has yet to support such a Refuting the President's bloated 1999 rate; the lowest unemployment rate in about fix. spending plan is also accomplished by our three decades, today barely over four percent, And what does this resolution cut in order to resolution here today. When the President and a fiscal situation that was regarded as a pay for this tax scheme? Well, one offset is sent up his suggestions for the 1999 budget I fantasy when this president took office: this veterans spending, which was already hit in had to scratch my head because I thought year a projected budget surplus of $39 billion. the transportation bill, and another is welfare someone had accidentally delivered one of the The difference between then and now can reform, hitting the people who need the most President's big government budgets from be- be seen in the newspaper almost every day. help. Mr. Speaker, these are not the people fore he signed the Balanced Budget Act. His In fact, on the front page of today's New York who should be sacrificing so that others can big-spending, Washington-knows-best version Times business section was a story reporting get a tax break. of the budget comes from a mindset that says a 12.1 percent increase in American car and This is no time to make long-term changes people at the state and local level don't know truck sales. The reason for the continuing in the budget. This is no time to create new how to solve their own problems. We know bright news was explained by General Motors' tax schemes that are likely to trigger chronic that just isn't true. chief forecaster, who stated, ``The fundamen- deficits yet again. It took twenty years and tril- The President's budget actually contains tals of the economy are very strong. A lot has lions of dollars of red ink to produce the politi- $150 billion in new spending, creates 85 new been written about the industry slowing down, cal will needed to tackle the last round of defi- spending programs, and 39 new entitlements. but frankly it's hard to see that happening be- cits. It won't be easy to reverse this mistake He even wants to raise taxes to the tune of cause of low unemployment, low interest rates even when its effects become apparent. $129 billion over five years. And he does noth- and high consumer confidence.'' Let's stay with the President's plea to save ing about the Marriage Tax Penalty. This is Some people from the other side who are a social security first, an idea which enjoys tre- the same President who just a few days ago little embarrassed that the economy is doing mendous bipartisan support throughout the declared the budget balanced and took credit so well under a Democratic president like to nation. After we finish with the business at for our country's new budget surplus. I wonder point out that a president isn't responsible for hand, then we can have an honest debate if he'll hold a similar press conference when every aspect of the economy. Maybe so. But about the benefits of a surplus. his big new spending plans put us back into if there is one area where the executive does Mr. GEKAS. Mr. Chairman, I want to com- the red? The budget before us today refutes make an impact, it's fiscal policy. It's a simple mend my colleagues on the House Budget the President's bloated spending plan and re- relationship: when the budget is balanced, in- Committee who supported NIH funding in- minds him that he did in fact sign the Bal- terest rates stay down. And low interest rates creases: the gentleman from Ohio, Budget anced Budget Act and he is obligated to honor drive a robust economy. Committee Chairman KASICH stated at the it, just as Congress must honor it. Over 12 years of Republican presidents, we Budget Committee markup that he hoped that One of my proudest moments as a member saw budgets eat up trillions of dollars that we the Appropriators could give the NIH an even of this body was when we approved the legis- are all going to have to repay. What this Presi- bigger boost than the Budget recommended lation which balanced the budget for the first dent did when he took office was something and I want to thank him for the support, along time since 1969 and gave Americans their first that everybody said had to be done for the with the gentleman from Florida, Mr. MILLER tax cuts in 16 years. This was a dramatic past three decades: stop government from who also spoke about the excellent testimony move forward which permanently changed the borrowing from our future. he heard from our Noble laureates in Medicine way the government works, and reminded As we all know, those policies paid off much about the health advances we could make Washington that it does in fact have a mas- more quickly than even the most optimistic with increased funding, and the gentleman terÐthe people. predictions: The budget moving into surplus from Minnesota, Mr. GUTKNECHT, who also Now we are moving forward and taking the years ahead of schedule. And why? The gov- urged for increases in health research, which next step in order to control the size and ernment is taking in record taxes. But not be- he knows from the excellent research and scope of government, in order to reduce its in- cause citizens are being taxed more, but be- health care facility in his District, the Mayo terference in our businesses and personal cause with more people having jobs, fewer Clinic. Also, the effort was bipartisan in the lives, and in order to let families keep more of people need public assistance, while more Budget Committee with the gentleman from their hard earned money. working men and women pay taxes. Texas, Mr. BENTSEN, offering an amendment If you're like me and you think that some- Some might scoff at the President's claim to double NIH funding over 5 years. where, someplace in the halls of the bureauc- that his policies led to the massive creation of Appreciating all the excellent efforts of the racy, there might be just one penny of savings jobs that is the envy of the world. The presi- House Budget Committee Members to in- to be found for each buck we spend, then dent obviously isn't taking all the credit. But he crease NIH funding, I respectfully urge them to maybe you should consider supporting this can claim that America's private sector, espe- recede to the Senate Budget Resolution on budget. cially its technology leaders, has flourished NIH funding for FY'99 when they go to the And, if you're like me, and you think that we under an administration committed to eliminat- Conference. should take that one percent of savings and ing obstacles and promoting opportunity. And Under the current budget spending caps it use it to end a policy that singles out families just as importantly, he can point to the steadily will be difficult to increase funding for the NIH for higher taxes and instead reduce their decreasing budget deficit as a catalyst for at the level that is needed to make medical June 4, 1998 CONGRESSIONAL RECORD — HOUSE H4163 progress and it is impossible to fund the dou- Mr. GILCHREST, Chairman of the Com- tional Resolutions Committee from 1984± bling goal under the caps. Again, I urge my mittee of the Whole House on the State 1988, the National Platform Committee 1983± colleagues on the Budget Committee to con- of the Union, reported that that Com- 1984, and the National Fairness Commission sider alternative budget offsets that might be mittee, having had under consideration from 1984±1986. She was elected in August used and not counted under the budget caps, the concurrent resolution (H. Con. Res. this year to serve on the DNC's National such as the revenues from tobacco use, a nat- 284) revising the congressional budget Rules Committee. ural, related and logical step to allow some of for the United States Government for What's more, ``the Godmother,'' as we call these revenues if available to be used by the fiscal year 1998, establishing the con- her, was elected by the Southern region to NIH for health research. This would be the gressional budget for the United States represent it on the Executive Committee of the best form of compensation to the victims of to- Government for fiscal year 1999, and DNC in 1988 and still serves to this day. bacco, if we were able to cure cancer or heart setting forth appropriate budgetary Clearly, Billie Carr has almost no rival in her disease from tobacco revenues, because if we levels for fiscal years 2000, 2001, 2002, commitment to political activism. merely use these tobacco funds to com- and 2003, had come to no resolution Further, Carr has been the recipient of pensate the States and the Federal Govern- thereon. many fine awards. She received the pres- tigious Eleanor Roosevelt Award in 1986. In ment for Medicaid and Medicare costs, just f 1987, she sort of received her own award, if paying over and over for the same treatments INTRODUCTION OF DISAPPROVAL you willÐthe Harris County Democrats Billie and interventions without progress through RESOLUTION OF MFN FOR CHINA Carr Lifetime Achievement Award. Carr re- health research for more effective care, we will ceived awards from the Texas Democratic never have the funds needed for all these The SPEAKER pro tempore. Under a previous order of the House, the gen- Women in 1987 and a Star Award from the health care treatments. Only progress through National Federation of Democratic Women. health research will truly reduce the costs of tleman from New York (Mr. SOLOMON) is recognized for 5 minutes. And, in 1994 the Texas Young Democrats these programs. Save Medicare and Medicaid gave her their Democrat of the Year Award. Mr. SOLOMON. Mr. Speaker, yesterday the by using budget offsets to increase health re- In 1992 the Democratic Party had the 40th search at the NIH. Senator DOMENICI has President notified Congress that he is seeking anniversary party for her 40 years of political called for protecting Medicare through use of to grant Most Favored Nation trade status to activity. Every statewide official attended as the tobacco revenues in the Senate Budget Communist China. well as then Presidential candidate Bill Clinton, Resolution, but we can only insure that result Today I am introducing a resolution of dis- who came for the convention, and spoke of through increased health research funding at approval, which, if passed, would deny MFN his warm lifetime friendship with Billie. the NIH from tobacco revenues. status for China. Lastly, she is President of Billie Carr Associ- I want to continue to work with my col- My reasons are the same as they have ates and is the proud grandmother of two leagues on the House Budget Committee, NIH been over the years, and that is that appeas- beautiful children. Authorizing Committee, and Appropriators to ing Communist China has failed to encourage In sum, Billie Carr's career began early and achieve these goals from some of the funding more decent and more responsible behavior has lasted a virtual lifetime. From the start of sources that I have discussed. by that criminal dictatorship in Beijing. her political involvement with Ralph Yar- Mr. GOSS. Mr. Chairman, I want to begin Across the board, the policies of the govern- borough and Adlai Stevenson to the founding by commending Chairman KASICH for his lead- ment of China continue to be repugnant and of Billie Carr Associates, she has displayed an ership and I concur with him that our Federal dangerous. amazing dedication to Democratic politics and Government is still too big, too bloated, and The human rights violations continue public service. The awards and achievements too tax heavy. The surplus hasn't even hit the unabated. you have earned in your life are truly breath- Treasury and we have passed the largest China's unfair trade practices are as implac- taking. Your record of accomplishments are an transportation bill in American historyÐbreak- able as ever. inspiration to us all. You certainly deserve to ing our budget caps by tens of billions of dol- And China's rogue foreign policy continues be called the Godmother of liberal democratic lars. If this is any indication, we need the Ka- to lead the world to an ever more dangerous politics. Perhaps most significant, Mr. Speak- sich budget now more than ever! situation. er, she refused to take part in the despicable Far from being ``radical,'' the Kasich budget In fact, China's proliferation activities have act and mindset of racial segregation when recognizes that fiscal discipline is not a some- contributed mightily to the new nuclear arms many chose to be passive or look the other times thing, it's an everyday thing. The modest race we are seeing in South Asia. way. savings in this plan are achievable, and they Only the threat of a big stick will moderate On behalf of the residents of the 18th Con- send a clear message that we are still serious this regime, and MFN is that stick. gressional District of Texas, I would like to about cutting Washington's budget to help the I look forward to the debate over the next offer you my heartfelt thanks for your contin- ued efforts to serve our Houston community. American family's budget. few weeks. Happy Birthday! Billie Carr. Finally, I would like to clarify some mis- f f conceptions about tax cuts. As much as Con- WISHING BILLIE ‘‘THE GOD- gress and the President would like to think MOTHER’’ CARR GREETINGS ON LEAVE OF ABSENCE otherwise, the American taxpayers are pri- THE OCCASION OF HER 70TH By unanimous consent, leave of ab- marily responsible for our current surplus. BIRTHDAY sence was granted to: They are the ones working two jobs, taking Ms. ROS-LEHTINEN (at the request of risks, and investing in our economy . . . and The SPEAKER pro tempore. Under a previous order of the House, the gentle- Mr. ARMEY) for after 1:00 p.m. today they deserve a break. In this fiscal year alone, and the balance of the week on account tax receipts are up by 11 percent, yet some of woman from Texas (Ms. JACKSON-LEE) is recognized for 5 minutes. of attending her daughter’s graduation. my friends would punish these Americans by Mr. REYES (at the request of Mr. GEP- Ms. JACKSON-LEE of Texas. Mr. Speaker, maintaining the status quo. Remember Tax HARDT) for after 1:00 p.m. today, Thurs- I rise to recognize and celebrate the 70th Freedom Day was May 10Ðlater than ever day, June 4, 1998 on account of official birthday of a great American, Texan, and before. business. Democrat: Ms. Billie Carr. Please permit me to Mr. Speaker, we can do better than the sta- Mr. LEWIS of Georgia (at the request tus quo. The American people deserve relief tell you a little bit about her. Her life is instruc- of Mr. GEPHARDT) for after 12:30 p.m. and they demand continued fiscal discipline in tive. today, June 4, 1998, and for the balance Washington. Billie Carr is a native Houstonian. She at- of the week on account of personal I strongly urge a ``yes'' vote on the Kasich tended the University of Houston and South business. budget. Texas College. In 1954 she ran and was Mr. MCGOVERN (at the request of Mr. Mr. SHAYS. Mr. Chairman, I move elected precinct chair in her home precinct. GEPHARDT) for today before 4:00 p.m. on that the Committee do now rise. She still serves as precinct chair on the Harris account of official business. The motion was agreed to. County Democratic Party Committee. Mr. ENGEL (at the request of Mr. GEP- Billie served on the state Democratic Execu- b HARDT) for today after 5:30 p.m. on ac- 0130 tive Committee from 1964±1966. In 1972 she count of personal business. Accordingly, the Committee rose; was elected to serve on the Democratic Na- Mr. YATES (at the request of Mr. GEP- and the Speaker pro tempore (Mr. tional Committee (DNC) and was elected in HARDT) for today after 7:30 p.m. on ac- HAYWORTH) having assumed the chair, 1992 for her fifth term. She served on the Na- count of personal reasons. H4164 CONGRESSIONAL RECORD — HOUSE June 4, 1998 SPECIAL ORDERS GRANTED committee did on this day present to 9448. A letter from the National Director of By unanimous consent, permission to the President, for this approval, a bill Appeals, Internal Revenue Service, transmit- of the House of the following title: ting the Service’s final rule—Federal Income address the House, following the legis- Tax Withholding on Compensation Paid to lative program and any special orders H.R. 3565. An act to amend Part L of the Nonresident Alien Crew by a Foreign Trans- heretofore entered, was granted to: Omnibus Crime Control and Safe Streets Act portation Entity—received June 4, 1998, pur- (The following Members (at the re- of 1968. suant to 5 U.S.C. 801(a)(1)(A); to the Commit- quest of Mr. GILCHREST) to revise and f tee on Ways and Means. extend their remarks and include ex- ADJOURNMENT 9449. A letter from the Chief, Regulations traneous material:) Unit, Internal Revenue Service, transmitting Mrs. LINDA SMITH of Washington, Mr. GILCHREST. Mr. Speaker, I the Service’s final rule—Certain Cash or De- June 5, for 5 minutes. move that the House do now adjourn. ferred Arrangements [Rev. Rul. 98–30] re- Mr. REDMOND, today and June 5, 8, 9 The motion was agreed to; accord- ceived June 4, 1998, pursuant to 5 U.S.C. and 10, for 5 minutes each. ingly (at 1 o’clock and 33 minutes 801(a)(1)(A); to the Committee on Ways and Means. Mr. HUTCHINSON, today, for 5 min- a.m.), the House adjourned until today, June 5, 1998, at 9 a.m. 9450. A letter from the Chief, Regulations utes. Unit, Internal Revenue Service, transmitting Mr. HORN, today, for 5 minutes. f the Service’s final rule—Permitted Elimi- Mr. RIGGS, today and June 5, for 5 EXECUTIVE COMMUNICATIONS, nation of Preretirement Optional Forms of minutes each. ETC. Benefit [TD 8769] (RIN: 1545–AV26) received Mr. SOLOMON, today, for 5 minutes. June 4, 1998, pursuant to 5 U.S.C. 801(a)(1)(A); f Under clause 2 of rule XXIV, execu- to the Committee on Ways and Means. tive communications were taken from f EXTENSION OF REMARKS the Speaker’s table and referred as fol- By unanimous consent, permission to lows: REPORTS OF COMMITTEES ON revise and extend remarks was granted 9441. A letter from the Administrator, PUBLIC BILLS AND RESOLUTIONS to: Commodity Credit Corporation, Department Under clause 2 of rule XIII, reports of (The following Members (at the re- of Agriculture, transmitting the Depart- committees were delivered to the Clerk quest of Mr. SPRATT) and to include ex- ment’s final rule— Amendment to the Pro- for printing and reference to the proper traneous matter:) duction Flexibility Contract Regulations calendar, as follows: Mr. NEAL of Massachusetts. (RIN: 0560–AF25) received June 2, 1998, pursu- Mr. GOSS: Committee on Rules. House Mr. BARRETT of Wisconsin. ant to 5 U.S.C. 801(a)(1)(A); to the Committee Resolution 457. Resolution providing for the Mr. DAVIS of Florida. on Agriculture. 9442. A letter from the Director, Office of consideration of the Senate amendments to Mr. KIND. the bill (H.R. 2709) to impose certain sanc- Mr. MENENDEZ. Regulatory Management and Information, Environmental Protection Agency, transmit- tions on foreign persons who transfer items Mr. MCHALE. contributing to Iran’s efforts to acquire, de- Mr. FROST. ting the Agency’s final rule—Delegation of National Emission Standards for Hazardous velop, or produce ballistic missiles (Rept. Mr. REYES. Air Pollutants for Source Categories; State 105–566). Referred to the House Calendar. Mr. SCHUMER. of Nevada; Nevada Division of Environ- Mr. LINDER: Committee on Rules. House Mr. GEJDENSON. mental Protection; Washoe County District Resolution 458. Resolution providing for fur- Mr. BORSKI. Health Department [FRL–6014–5] received ther consideration of the bill (H.R. 2183) to Mr. KUCINICH. May 22, 1998, pursuant to 5 U.S.C. amend the Federal Election Campaign Act of Mr. FORD. 801(a)(1)(A); to the Committee on Commerce. 1971 to reform the financing of campaigns for Mr. PALLONE. 9443. A letter from the Director, Office of elections for Federal office, and for other Mr. STARK. Regulatory Management and Information, purposes (Rept. 105–567). Referred to the Mr. ROEMER. Environmental Protection Agency, transmit- House Calendar. Mr. LANTOS. ting the Agency’s final rule—Approval and f Mr. SERRANO. Promulgation of Implementation Plans; Mr. STARK. State of Florida [Fl-071–9810a; FRL–6015–4] PUBLIC BILLS AND RESOLUTIONS Ms. KAPTUR. received May 22, 1998, pursuant to 5 U.S.C. Under clause 5 of Rule X and clause 4 (The following Members (at the re- 801(a)(1)(A); to the Committee on Commerce. of Rule XXII, public bills and resolu- quest of Mr. GILCHREST) and to include 9444. A letter from the Assistant Secretary tions were introduced and severally re- extraneous matter:) for Legislative Affairs, Department of State, ferred, as follows: Mr. WELDON of Pennsylvania. transmitting certification of a proposed li- Mr. GILMAN. cense for the export of defense articles or de- By Mr. DINGELL (for himself and Mr. Mrs. ROUKEMA. fense services sold under a contract to Tur- GORDON): Mr. HORN. key (Transmittal No. DTC–54–98), pursuant H.R. 3990. A bill to amend the Telephone Mr. CRANE. to 22 U.S.C. 2776(c); to the Committee on Disclosure and Dispute Resolution Act to Mr. GEKAS. International Relations. prevent unfair and deceptive practices in Mr. PAPPAS. 9445. A letter from the Acting Assistant telephone billing for miscellaneous products Mr. ROGAN. Administrator for Fisheries, National Oce- or services; to the Committee on Commerce. Mr. ROGERS. anic and Atmospheric Administration, trans- By Mr. BUNNING of Kentucky: H.R. 3991. A bill to amend the Internal Rev- Ms. ROS-LEHTINEN. mitting the Administration’s final rule— enue Code of 1986 to provide that the exclu- Mr. BEREUTER. Fisheries of the Northeastern United States; sion from gross income for foster care pay- Mr. GALLEGLY. Fishery Management Plan (FMP) for the Summer Flounder, Scup, and Black Sea Bass ments shall also apply to payments by cer- f Fisheries; Recreational Measures for the 1998 tain nongovernmental placement agencies, ENROLLED BILL SIGNED Summer Flounder, Scup, and Black Sea Bass and for other purposes; to the Committee on Fisheries [Docket No. 09–302051–8119–02;I.D. Ways and Means. Mr. THOMAS, from the Committee 021198B] (RIN: 0648–AK78) received June 2, By Mr. CRANE (for himself and Mr. on House Oversight, reported that that 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to the MATSUI): committee had examined and found Committee on Resources. H.R. 3992. A bill to amend the Internal Rev- truly enrolled a bill of the House of the 9446. A letter from the Director, Office of enue Code of 1986 to establish a 5-year recov- following title, which was thereupon Surface Mining Reclamation and Enforce- ery period for petroleum storage facilities; signed by the Speaker: ment, transmitting the Office’s final rule— to the Committee on Ways and Means. New Mexico Regulatory Program [NM–038– By Mr. GORDON: H.R. 824. An act to redesignate the Federal FOR] received June 3, 1998, pursuant to 5 H.R. 3993. A bill to extend the period for building located at 717 Madison Place, NW., U.S.C. 801(a)(1)(A); to the Committee on Re- beneficiaries of certain deceased members of in the District of Columbia, as the ‘‘Howard sources. the uniformed services to apply for a death T. Markey National Courts Building.’’ 9447. A letter from the Director, Office of gratuity under the Servicemembers’ Group f Surface Mining Reclamation and Enforce- Life Insurance policy of such members; to BILL PRESENTED TO THE ment, transmitting the Office’s final rule— the Committee on Veterans’ Affairs. PRESIDENT Kansas Abandoned Mine Land Reclamation By Mr. KNOLLENBERG (for himself, Plan [SPATS No. KS–015–FOR] received June Mr. HOEKSTRA, and Mr. UPTON): Mr. THOMAS, from the Committee 3, 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to H.R. 3994. A bill to amend the Wagner- on House Oversight reported that that the Committee on Resources. Peyser Act to clarify that nothing in that June 4, 1998 CONGRESSIONAL RECORD — HOUSE H4165

Act shall prohibit a State from using indi- H.R. 859: Mr. COX of California. Mr. STOKES, Mrs. MALONEY of New York, Mr. viduals other than merit-staffed or civil H.R. 1025: Mr. SANDERS. BORSKI, Mr. WAXMAN, and Mr. SANDLIN. service employees of the State (or any politi- H.R. 1037: Mr. BLUNT. H.R. 3833: Mr. MCDERMOTT, Mr. TOWNS, Mr. cal subdivision thereof) in providing employ- H.R. 1173: Mr. ROMERO-BARCELO. WAXMAN, Mr. JACKSON, and Ms. CARSON. ment services under that Act; to the Com- H.R. 1315: Ms. HOOLEY of Oregon. H.R. 3862: Ms. HOOLEY of Oregon, Mr. mittee on Education and the Workforce. H.R. 1401: Mr. OBERSTAR, Mr. LEACH, Mr. STARK, Mrs. KELLY, Mr. BLUMENAUER, Mr. By Mr. NEAL of Massachusetts (for LATHAM, Ms. DEGETTE, Ms. KAPTUR, and Ms. MCGOVERN, Mr. COOK, and Mrs. MEEK of Flor- himself, Mr. MCDERMOTT, and Mrs. LEE. ida. KENNELLY of Connecticut): H.R. 1689: Mr. GOODLATTE. H.R. 3879: Mrs. EMERSON, Mr. SOLOMON, Mr. H.R. 3995. A bill to amend the Internal Rev- H.R. 1951: Mr. WYNN, Mr. BISHOP, Mr. TALENT, Mr. LUCAS of Oklahoma, Mr. HUTCH- enue Code of 1986 to reduce the marriage pen- MCNULTY, Mr. MANTON, Mr. RAHALL, and Mr. INSON, Mr. CANADY of Florida, Mr. NORWOOD, alty in the earned income tax credit; to the PICKETT. and Mr. MCHUGH. Committee on Ways and Means. H.R. 2023: Mr. PALLONE. H.R. 3886: Mr. ENSIGN. By Mr. STARK: H.R. 2094: Mr. JACKSON. H.R. 3911: Mr. FILNER. H.R. 3996. A bill to amend the Reclamation H.R. 2275: Ms. KILPATRICK and Mr. FOX of H.R. 3925: Mr. BLUMENAUER, Mr. BROWN of Wastewater and Groundwater Studies and Pennsylvania. Ohio, Mr. WYNN, and Mr. THOMPSON. Facilities Act to authorize the Secretary of H.R. 2348: Mrs. BONO. H.R. 3938: Mr. CAMP, Mr. ARCHER, and Ms. the Interior to participate in the design, H.R. 2349: Mrs. BONO. DANNER. planning, and construction of the Alameda H.R. 2450: Mr. MANZULLO. H.R. 3940; Mr. BECERRA, Mr. LEWIS of Geor- County Brackish Water Desalination Project H.R. 2488: Mr. DEUTSCH. gia, Mr. HILLIARD, and Mr. FROST. for the reclamation and reuse of water, and H.R. 2504: Ms. CARSON. H.R. 3948: Mr. DEFAZIO, Mr. KLECZKA, Mr. for other purposes; to the Committee on Re- H.R. 2593: Ms. SANCHEZ. SKELTON, Mrs. MINK of Hawaii, and Mr. FIL- sources. H.R. 2598: Mr. LUCAS of Oklahoma. NER. By Mr. STARK (for himself, Mr. H.R. 2661: Mr. BOEHNER, Mr. HALL of Texas, H.R. 3949: Mr. WICKER, Mr. BISHOP, Mr. WATTS of Oklahoma, Mr. NEY, and Mr. CARDIN, Mr. KLECZKA, Mr. LEWIS of Mr. NORWOOD, and Mr. PAUL. GOODE. Georgia, and Mr. BECERRA): H.R. 2721: Mr. SESSIONS and Mr. BARCIA of H.R. 3997. A bill to amend title XVIII of the Michigan. H.R. 3966: Mr. BARCIA of Michigan. H. Con. Res. 27: Mr. TIERNEY. Social Security Act to require Medi- H.R. 2740: Mr. ENSIGN. H. Con. Res. 65: Mr. HAMILTON. care+Choice organizations to assuring access H.R. 2818: Mrs. CAPPS. H. Con. Res. 229: Mr. BERMAN, Mr. DICKS, to obstetrician-gynecologists and to assure H.R. 2854: Mr. MCGOVERN. Mr. FOSSELLA, Mr. GIBBONS, Mr. HASTINGS of continuity of care; referred to the Commit- H.R. 2914: Mr. WELDON of Pennsylvania Washington, Mr. HORN, and Mr. PAPPAS. tee on Ways and Means, and in addition to H.R. 2923: Mr. MCDADE and Mr. OLVER. H. Con. Res. 249: Mr. MCGOVERN, Mr. the Committee on Commerce, for a period to H.R. 2938: Mrs. MEEK of Florida. VENTO, Mrs. KELLY, Mr. ALLEN, Mr. MCNUL- be subsequently determined by the Speaker, H.R. 2956: Mr. THOMPSON. TY, Mr. BROWN of Ohio, and Mr. GEPHARDT. in each case for consideration of such provi- H.R. 3001: Mr. BURR of North Carolina, Mr. H. Con. Res. 264: Mr. CANADY of Florida, sions as fall within the jurisdiction of the BROWN of Ohio, and Mr. TAUZIN. Mr. PRICE of North Carolina, Mr. GOODE, and committee concerned. H.R. 3126: Mr. WAXMAN, Mr. SERRANO, and Mrs. THURMAN. By Mr. ROHRABACHER (for himself, Mr. SANDERS. H.R. 3128: Mr. HINCHEY. H. Con. Res. 270: Mr. BERMAN. Mr. GILMAN, and Mr. SMITH of New H.R. 3149: Mr. TALENT. H. Con. Res. 274: Ms. FURSE, Mr. WELDON of Jersey): Florida, Mr. HALL of Texas, Mr. H.J. Res. 120. A joint resolution disapprov- H.R. 3151: Mr. TALENT. H.R. 3162: Mr. NEY. FALEOMAVAEGA, Mr. BURTON of Indiana, Mr. ing the extension of the waiver authority CLEMENT, and Mr. PORTER. contained in section 402(c) of the Trade Act H.R. 3181: Mr. YATES. H.R. 3189: Mr. SPENCE, Mr. SHIMKUS, Mr. H. Res. 16: Mr. CANADY of Florida. of 1974 with respect to Vietnam; to the Com- DOOLITTLE, Mr. SMITH of New Jersey, and Mr. H. Res. 363: Mrs. BONO. mittee on Ways and Means. BACHUS. H. Res. 404: Mr. ABERCROMBIE, Ms. PELOSI, By Mr. SOLOMON: H.R. 3205: Mr. GOODE and Mr. FORD. and Mr. BECERRA. H.J. Res. 121. A joint resolution disapprov- OUDER H.R. 3240: Mrs. MEEK of Florida. H. Res. 418: Mr. S . ing the extension of nondiscriminatory H. Res. 438: Mr. ENSIGN. H.R. 3243: Mr. STEARNS. treatment (most-favored-nation treatment) H. Res. 444: Mr. LIPINSKI. H.R. 3259: Mr. SANDERS, Mr. FORD, Mr. to the products of the People’s Republic of H. Res. 452: Mr. LIVINGSTON, Mr. CALVERT, WAXMAN, Mr. KILDEE, Mr. SAWYER, Mr. China; to the Committee on Ways and Mr. BARRETT of Nebraska, Mr. DUNCAN, Mr. SERRANO, and Mr. FILNER. Means. GUTKNECHT, Mr. BUYER, Mr. MCCRERY, Mr. H.R. 3262: Mr. WYNN. By Mr. BARTON of Texas (for himself, BOEHNER, Mr. LUCAS of Oklahoma, Mr. PAUL, H.R. 3283: Mr. HASTINGS of Florida, and Mr. Mr. SOLOMON, Mr. GIBBONS, Mr. SES- Mr. COMBEST, Mr. CHAMBLISS, Mr. BURR of HALL of Texas. SIONS, Mr. COBURN, Mrs. MYRICK, Mr. North Carolina, Ms. ROS-LEHTINEN, Mr. H.R. 3300: Mr. PAUL. TAYLOR of Mississippi, Mr. WALSH, Mr. LOBIONDO, Mr. BALLENGER, Mr. H.R. 3304: Mr. BUNNING of Kentucky and BALLENGER, Mr. BURTON of Indiana, SAXTON, Mr. UPTON, Mr. HOBSON, Mr. BOEH- Mr. ENSIGN. Mr. SHAYS, Mr. TRAFICANT, Mr. LERT, Mr. QUINN, Mr. TALENT, Mr. TAUZIN, H.R. 3334: Mr. WATKINS, Mr. CLAVERT, Mr. PORTMAN, Mr. HASTERT, Mrs. Mr. BAKER, Mr. POMBO, Mr. WATKINS, Mr. ISTOOK, and Mr. SHADEGG. NORTHUP, Mr. GRAHAM, and Mr. OUGHTON LUNT HRLICH H.R. 3396: Mr. MANTON, Mr. THOMPSON, Mr. H , Mr. B , Mr. E , Mr. LATHAM): ASTERT HRISTENSEN RYANT STRICKLAND, and Mr. NEY. H , Mr. C , Mr. B , Mr. H. Res. 456. A resolution amending the H.R. 3514: Mr. BORSKI. WATTS of Oklahoma, Mr. BILBRAY, Ms. Rules of the House of Representatives to pro- H.R. 3537: Mrs. CLAYTON, Mr. BARRETT of GRANGER, Mr. THUNE, Mr. ADERHOLT, Mr. vide for mandatory drug testing of Members, Wisconsin, Mr. LUTHER, Mr. MCGOVERN, and NUSSLE, Mr. TAYLOR of North Carolina, Mr. officers, and employees of the House of Rep- Ms. CARSON. HASTINGS of Washington, Mr. LARGENT, Mr. resentatives; to the Committee on Rules. H.R. 3567: Mr. KIM, Mr. ROMERO-BARCELO, GRAHAM, Mr. PACKARD, Mr. NETHERCUTT, and f and Mr. DEFAZIO. Mr. CAMP. H.R. 3570: Mr. ANDREWS and Mr. JACKSON. f ADDITIONAL SPONSORS H.R. 3605: Mr. SPRATT. DELETIONS OF SPONSORS FROM H.R. 3624: Mr. HOBSON and Ms. MILLENDER- Under clause 4 of rule XXII, sponsors PUBLIC BILLS AND RESOLUTIONS were added to public bills and resolu- MCDONALD. H.R. 3640: Mr. SERRANO. tions as follows: Under clause 4 of rule XXII, sponsors H.R. 3648: Mr. PICKERING and Mr. MCCOL- were deleted from public bills and reso- H.R. 8: Mr. HERGER, Mr. DOOLITTLE, Mr. LUM. lutions as follows: ROYCE, and Mr. LEWIS of California. H.R. 3659: Mr. WICKER, Mr. PICKERING, Mr. H.R. 64: Mr. PAUL. HAYWORTH, Mr. SOLOMON, Mr. RYUN, Mr. H.R. 1614: Mr. SKAGGS. H.R. 371: Mr. ABERCROMBIE, Mr. HALL of BOUCHER, and Mr. WALSH. f Texas, Mr. PETRI, and Ms. JACKSON-LEE. H.R. 3661: Mr. PICKERING and Mr. METCALF. AMENDMENTS H.R. 372: Mr. NEAL of Massachusetts. H.R. 3682: Mr. SCARBOROUGH. H.R. 530: Mr. FOSSELLA, Mr. KING of New H.R. 3687: Mr. STENHOLM. Under clause 6 of rule XXIII, pro- York, and Mr. INGLIS of South Carolina. H.R. 3783: Mr. CALVERT, Mr. NEUMANN, Mr. posed amendments were submitted as H.R. 535: Ms. SLAUGHTER. SOLOMON, Mr. BARTLETT of Maryland, Mr. follows: H.R. 536: Ms. MILLENDER-MCDONALD. HUTCHINSON, Mr. WATTS of Oklahoma, and H.R. 2183 H.R. 617: Mr. KLECZKA. Mr. MCHUGH. H.R. 746: Mrs. FOWLER. H.R. 3795: Mr. LOBIONDO. OFFERED BY: MR. FALEOMAVAEGA H.R. 815: Mr. LIVINGSTON. H.R. 3831: Ms. LOFGREN, Mr. LEWIS of Geor- AMENDMENT NO. 53: Add at the end the fol- H.R. 857: Mr. PAPPAS. gia, Ms. EDDIE BERNICE JOHNSON of Texas, lowing new title: H4166 CONGRESSIONAL RECORD — HOUSE June 4, 1998 TITLE ll—CONTRIBUTIONS BY TITLE IV—LIMIT ON CONTRIBUTIONS sional district involved is located in excess NATIONALS OF THE UNITED STATES FROM NON-RESIDENTS of 10 percent of the total of contributions ac- cepted.’’. SEC. ll01. CLARIFICATION OF RIGHT OF NA- SEC. 401. HOUSE OF REPRESENTATIVES ELEC- TIONALS OF THE UNITED STATES TO TION LIMITATION ON CONTRIBU- H.R. 2183 MAKE POLITICAL CONTRIBUTIONS. TIONS FROM PERSONS OTHER THAN LOCAL INDIVIDUAL RESIDENTS. OFFERED BY: MR. GOSS Section 319(b)(2) of the Federal Election Section 315 of the Federal Election Cam- (To the Amendment Offered by: Mr. Shays or Campaign Act of 1971 (2 U.S.C. 441e(b)(2)) is paign Act of 1971 (2 U.S.C. 441a) is amended Mr. Meehan) amended by inserting after ‘‘United States’’ by adding at the end the following new sub- the following: ‘‘or a national of the United AMENDMENT NO. 58: Add at the end of title section: I the following new section (and conform the States (as defined in section 101(a)(22) of the ‘‘(i) A candidate for the office of Rep- Immigration and Nationality Act)’’. table of contents accordingly): resentative in, or Delegate or Resident Com- SEC. 104. REDUCTION IN LIMITATION AMOUNT H.R. 2183 missioner to, the Congress may not accept APPLICABLE TO CONTRIBUTIONS BY contributions with respect to a reporting pe- OFFERED BY: MR. FALEOMAVAEGA A MULTICANDIDATE POLITICAL riod for an election— COMMITTEE TO A HOUSE OF REP- (To the Amendments Offered By: Mr. ‘‘(1) from persons other than individual RESENTATIVES CANDIDATE. Hutchinson) residents of the congressional district in- Section 315(a)(2)(A) of the Federal Election AMENDMENT NO. 54: Add at the end the fol- volved in excess of 50 percent of the total of Campaign Act of 1971 (2 U.S.C. 441a(a)(2)(A)) lowing new title: contributions accepted; or is amended by inserting after ‘‘$5,000’’ the ‘‘(2) from persons other than individual following: ‘‘, except that in the case of an ll TITLE —CONTRIBUTIONS BY residents of the State in which the congres- election for the office of Representative in, NATIONALS OF THE UNITED STATES sional district involved is located in excess or Delegate or Resident Commissioner to, SEC. ll01. CLARIFICATION OF RIGHT OF NA- of 10 percent of the total of contributions ac- the Congress, the limitation shall be $1,000’’. TIONALS OF THE UNITED STATES TO cepted.’’. H.R. 2183 MAKE POLITICAL CONTRIBUTIONS. H.R. 2183 OFFERED BY: MR. GOSS Section 319(b)(2) of the Federal Election OFFERED BY: MR. GOSS Campaign Act of 1971 (2 U.S.C. 441e(b)(2)) is (To the Amendment Offered by: Mr. Shays or (To the Amendment Offered by: Mr. Hutchinson amended by inserting after ‘‘United States’’ Mr. Meehan) or Mr. Allen) the following: ‘‘or a national of the United AMENDMENT NO. 59: Add at the end of title States (as defined in section 101(a)(22) of the AMENDMENT NO. 57: Insert after title III the I the following new section (and conform the Immigration and Nationality Act)’’. following new title (and redesignate the suc- table of contents accordingly): ceeding provisions accordingly): OFFERED BY: MR. FALEOMAVAEGA SEC. 104. HOUSE OF REPRESENTATIVES ELEC- TITLE IV—LIMIT ON CONTRIBUTIONS TION LIMITATION ON CONTRIBU- AMENDMENT NO. 55: Add at the end the fol- FROM NON-RESIDENTS TIONS FROM PERSONS OTHER THAN LOCAL INDIVIDUAL RESIDENTS. lowing new title: SEC. 401. HOUSE OF REPRESENTATIVES ELEC- TITLE ll—CONTRIBUTIONS BY TION LIMITATION ON CONTRIBU- Section 315 of the Federal Election Cam- NATIONALS OF THE UNITED STATES TIONS FROM PERSONS OTHER THAN paign Act of 1971 (2 U.S.C. 441a) is amended LOCAL INDIVIDUAL RESIDENTS. by adding at the end the following new sub- SEC. ll01. CLARIFICATION OF RIGHT OF NA- Section 315 of the Federal Election Cam- section: TIONALS OF THE UNITED STATES TO paign Act of 1971 (2 U.S.C. 441a) is amended ‘‘(i) A candidate for the office of Rep- MAKE POLITICAL CONTRIBUTIONS. by adding at the end the following new sub- resentative in, or Delegate or Resident Com- Section 319(b)(2) of the Federal Election section: missioner to, the Congress may not accept Campaign Act of 1971 (2 U.S.C. 441e(b)(2)) is ‘‘(i) A candidate for the office of Rep- contributions with respect to a reporting pe- amended by inserting after ‘‘United States’’ resentative in, or Delegate or Resident Com- riod for an election— the following: ‘‘or a national of the United missioner to, the Congress may not accept ‘‘(1) from persons other than individual States (as defined in section 101(a)(22) of the contributions with respect to a reporting pe- residents of the congressional district in- Immigration and Nationality Act)’’. riod for an election— volved in excess of 50 percent of the total of H.R. 2183 ‘‘(1) from persons other than individual contributions accepted; or residents of the congressional district in- ‘‘(2) from persons other than individual OFFERED BY: MR. GOSS volved in excess of 50 percent of the total of residents of the State in which the congres- AMENDMENT NO. 56: Insert after title III the contributions accepted; or sional district involved is located in excess following new title (and redesignate the suc- ‘‘(2) from persons other than individual of 10 percent of the total of contributions ac- ceeding provisions accordingly): residents of the State in which the congres- cepted.’’. E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 105 CONGRESS, SECOND SESSION

Vol. 144 WASHINGTON, THURSDAY, JUNE 4, 1998 No. 71 Senate (Legislative day of Tuesday, June 2, 1998)

The Senate met at 9:30 a.m., on the Mr. HELMS addressed the Chair. Mr. President, I have selected several expiration of the recess, and was called f paragraphs from the Washington Post to order by the President pro tempore story of February 22, 1998, and shortly RECOGNITION OF THE ACTING [Mr. THURMOND]. ask unanimous consent that this infor- MAJORITY LEADER The PRESIDENT pro tempore. To- mation be published in the RECORD at day’s prayer will be offered by guest The PRESIDENT pro tempore. The the conclusion of my remarks. Chaplain, Reverend Shirley Caesar, able senior Senator from North Caro- Pastor of Mount Calvary Word of Faith lina is recognized. But before I make that formal re- Church, Raleigh, NC. Mr. HELMS. I thank the Chair. quest, let me extend my personal wel- We are pleased to have you with us. f come to the Senate’s remarkable guest chaplain for this day. I am proud of her PRAYER THE GUEST CHAPLAIN’S PRAYER and at the first opportunity, Dot Helms Let us pray: Mr. HELMS. Mr. President, it was and I intend to worship one Sunday Father, You have declared in Your about four months ago that I called the morning with Reverend Caesar. word that, ‘‘Blessed is the nation Senate’s distinguished chaplain and Now, Mr. President, I make the for- whose God is the Lord.’’—Psalms 33:12. suggested that he might consider invit- mal unanimous consent request that I So, Lord, we realize that You are the ing Rev. Shirley Caesar of Raleigh, mentioned a minute or so ago. only Supreme and Sovereign God, and North Carolina, to serve as the U.S. we thank You for the blessing of living Senate’s guest chaplain on some mutu- There being no objection, the mate- in a nation that is predicated upon a ally convenient occasion. rial was ordered to be printed in the strong, Godly heritage. May we ever be I recall Dr. Ogilvie’s response—a RECORD, as follows: cognizant of the fact that it is Your friendly suggestion that I tell him EXCERPTS OF WASHINGTON POST ARTICLE grace and Your mercy that have about Pastor Caesar. I replied that I ABOUT REV. CAESAR blessed our Nation to become a symbol would do better than that—and I did, of freedom, prosperity, and justice. by sending Dr. Ogilvie a copy of a Small in stature and verging on 60, she is We are admonished in the Book of lengthy article published by the Wash- almost dwarfed by the pulpit. So she moves Romans that, ‘‘the authorities that be ington Post on February 22. out, microphone in hand, her stylish pumps are ordained of God.’’—Romans 13:1. In a moment, Mr. President, I shall gleaming signals that the spirit is lifting this room of 400 people who pray, jump to Therefore, Lord, we thank You for this ask unanimous consent that portions their feet and sweat with their pastor. governing body of the United States of of that article be printed in the RECORD America, we thank You, Lord, the men at the conclusion of my remarks. She embraces a niece who has survived a and women You have chosen to help But before I do that, let me summa- bout with drugs. lead our Nation. Father, we pray and rize the fascinating Christian witness ‘‘The things she used to do, she don’t do no intercede for the Senators who have of Rev. Shirley Caesar, pastor of Mount more,’’ Caesar says. Sounds like the begin- convened here today, seeking Your Calvary Word of Faith Church in my nings of a song to lift up. A black hand- guidance and will for our country. We hometown of Raleigh, N.C. kerchief wipes her brow. pray in the name of the Lord that You The Washington Post described Pas- ‘‘I want to be ready,’’ she says. ‘‘I don’t will release a spirit of harmony tor Caesar this way: want Him to come here and find me getting throughout this session. Grant them On weekdays, (Pastor) Caesar, with a ready,’’ she says. She is ready to rise. Godly wisdom, knowledge, understand- record number of nine gospel Grammys—hits She says of her calling, ‘‘I don’t want it to ing, discretion, and courage. Cause the road to share her voice with those who be said, I wonder where Shirley Caesar is, I their wills to concede to Your will. Let come to hear her music and witness her pres- wonder if she is still singing. I am. I believe Your vision become their vision and ence as a legendary performer on stages that singing and preaching go together like Your desires their desires. By doing so, across America. But on Sundays she returns ham and eggs. So I just praise God that I am Lord, we are assured that our Nation to a plain maple pulpit in a simple white- still here.’’ washed church—comes home, not far from will continue to live out and fulfill the where she was born, to her husband of 15 Meanwhile, for 40 years, first with the fa- true meaning of its calling. years, Bishop Harold Ivory Williams, and mous Caravans, then as a solo performer, We ask these blessings in the Name preaches, ministers to everyday problems, Caesar has been one of the most energetic of our Lord. Amen, and Amen. and hears the refrains. and popular performers in the music

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

S5583 S5584 CONGRESSIONAL RECORD — SENATE June 4, 1998 business. In the gospel world, she is the The PRESIDING OFFICER (Mr. the Cure. Since 1996, Lilly and Capitol bridge between pioneers like Mahalia Jack- SANTORUM). Without objection, it is so Hill have raised $200,000 for breast can- son and Clara Ward; she rode the tidal wave ordered. cer prevention, research, and treat- of Edwin Hawkins and James Cleveland and ment—75% of which stays in the DC now shares a national spotlight with the f Young Turks of gospel, Vickie Winans and metropolitan area. RESERVATION OF LEADER TIME Kirk Franklin. Two weeks ago, all the women in the Like Ella Fitzgerald, she puts her stamp The PRESIDING OFFICER. Under Senate joined me in circulating a on songs, and they never sound the same the previous order, the leadership time ‘‘Dear Colleague’’ letter encouraging again—from works by such gospel masters as is reserved. Members of Congress and staff to take Thomas A. Dorsey to religious verses by Bob Ms. COLLINS. Mr. President, I ask advantage of Lilly’s generous offer and Dylan. She performs songs, many of which register for this year’s race. And I she writes, that are highly personal—they unanimous consent that I be permitted would like to let my colleagues know reveal complicated lives lived by people who to proceed as if in morning business for may not have money, love or opportunity approximately 5 minutes. that it is not too late to participate. but who do have faith. The PRESIDING OFFICER. Without Late registrations are being accepted In many of her songs, Caesar starts with a objection, it is so ordered. up until Friday evening at 6:30 in the vignette of crisis, sometimes with just the The Senator from Maine is recog- lobby of the Department of Commerce. piano or organ in back of her. nized. Today, I rise to the floor to once ‘‘Have you ever walked the floor/all night Ms. COLLINS. I thank the Chair. again encourage my colleagues to alert long/wondering how you were going to pay members of their staff, their families your bills?’’ she sings at the beginning of the f wonderful ‘‘You’re Next in Line for a Mir- and friends to this valuable oppor- acle.’’ RACE FOR THE CURE tunity to support the Komen Founda- She repeats the lyrics, her raw voice de- Ms. COLLINS. Mr. President, in the tion and Race for the Cure on June 6th. manding emotional response. short time that I will take to deliver Thank you, Mr. President. I yield the ‘‘Get ready for your miracle/Move to the these remarks, a woman will be diag- floor. front of the line/Today is your day . . . get nosed with breast cancer. And every 12 ready, get ready, you are next in line for a f miracle—a miracle!’’ minutes, a woman will die from it. The orchestration expands and the choir Just this past year, breast cancer has sings the refrain above Caesar’s ‘‘Halle- touched my life twice: one member of NATIONAL TOBACCO POLICY AND lujahs.’’ On Wednesday, ‘‘A Miracle in Har- staff, aged 37, and the spouse of an- YOUTH SMOKING REDUCTION ACT lem,’’ nominated for best traditional soul other member of my staff both devel- gospel album, might win her a 10th Grammy. oped breast cancer. Watching these The PRESIDING OFFICER. Under (She has also been nominated more times women in their daily struggles has the previous order, the Senate will re- than any other gospel artist.) From the reli- sume consideration of S. 1415, which gious music community, she has won 15 Dove been a heart-wrenching experience as well as a call to action. the clerk will report. Awards and 10 Stellar Awards. The assistant legislative clerk read Not confined to music arenas and church- I know that several of my colleagues’ es, Caesar has done four Broadway shows and lives have also been personally touched as follows: contributed to the movie soundtracks of by breast cancer. The senior Senator A bill (S. 1415) to reform and restructure ‘‘The Preacher’s Wife’’ and ‘‘Rosewood.’’ In from Maine, OLYMPIA SNOWE, lost her the processes by which tobacco products are the spring, she’s scheduled to make a guest mother to breast cancer at a tragically manufactured, marketed, and distributed, to prevent the use of tobacco products by mi- appearance on UPN’s ‘‘Good News,’’ and her young age. Throughout her career in autobiography is scheduled for publication in nors, to redress the adverse health effects of May. When Dylan was chosen as a Kennedy Congress, Senator SNOWE has been a tobacco use, and for other purposes. Center honoree last year, he asked that Cae- tireless advocate for breast cancer awareness and increased funding for re- The Senate resumed consideration of sar sing his ‘‘Gotta Serve Somebody.’’ Caesar the bill. likes the fact that the salute portion of the search. Her leadership on this issue has night ended as she shouted ‘‘Jesus!’’ been invaluable—even lifesaving—for Pending: f countless women across the country. Gregg/Leahy amendment No. 2433 (to Breast cancer is the most frequently amendment No. 2420), to modify the provi- SCHEDULE diagnosed cancer in women in the sions relating to civil liability for tobacco manufacturers. Mr. HELMS. Mr. President, today the United States. However, when breast Gregg/Leahy amendment No. 2434 (to Senate will resume consideration of S. cancer is detected early and treated amendment No. 2433), in the nature of a sub- 1415, the tobacco legislation. There are promptly, suffering and the loss of life stitute. several amendments still pending to can be significantly reduced. Gramm motion to recommit the bill to the the bill, and it is hoped those issues Approximately one out of every eight Committee on Finance and with instructions can be disposed of at an early hour so women will develop breast cancer dur- to report back forthwith, with amendment that the Senate can consider additional ing her lifetime. In 1998 alone, an esti- No. 2436, to modify the provisions relating to amendments to the tobacco bill. mated 180,200 women will be diagnosed civil liability for tobacco manufacturers, and Rollcall votes, therefore, are ex- with breast cancer. Even more disturb- to eliminate the marriage penalty reflected ing, breast cancer is the leading cause in the standard deduction and to ensure the pected throughout today’s session of earned income credit takes into account the the Senate. As a reminder to all Mem- of death among women aged 35 to 54. elimination of such penalty. bers, there are a number of items that Washingtonians will have the oppor- Daschle (for Durbin) amendment No. 2437 the Senate may also resume, or begin, tunity to call attention to breast can- (to amendment No. 2436), relating to reduc- or both, including the Department of cer and raise much-needed research tions in underaged tobacco usage. Defense authorization bill, the con- dollars when the Susan G. Komen Daschle (for Durbin) amendment No. 2438 ference reports as they may become Breast Cancer Foundation hosts its 9th (to amendment No. 2437), of a perfecting na- available, and any appropriations bills annual National Race for the Cure on ture. that are ready for action. As always, Saturday, June 6. Mr. FRIST. Mr. President, over the other executive or legislative matters Those of us who work on Capitol Hill course of today we will continue our may be considered as they are cleared. have an added opportunity to contrib- discussions and debate on the pending On behalf of the majority leader, I ute to the cure for breast cancer tobacco legislation, a topic that has thank my colleagues for their atten- thanks to a challenge grant from Eli been the focus of much of our activity tion. Lilly and Company. The third annual over the past several weeks, a focus Mr. President, I ask unanimous con- Lilly Capitol Hill Challenge will match which I hope will become increasingly sent that with respect to the tobacco the registration fees for all members of addressed over this week. I ask that legislation the debate be in order only Congress, their spouses, and staff who amendments that are talked about until 10:30 this morning. participate in the National Race for being introduced are actually brought June 4, 1998 CONGRESSIONAL RECORD — SENATE S5585 to the floor so that they can be de- The other two out of three children eral partnership program that is di- bated. We have legislation in the may or may not continue smoking. rected at health care for our indigent Chamber that has a fascinating his- They may not be affected, because it is population, a population that falls tory, legislation that continues to not crystal clear that smoking 100 per- below the poverty level. That is why evolve, legislation that I believe is cent of the time causes cancer. But we this grassroots effort, now elevated to very important as we stay focused on know that it has a very, very strong in- this body, started at the State level. that goal of decreasing, and maybe fluence on whatever our genetic pre- The State attorneys general got to- even someday eliminating, youth disposition is to cancer, all sorts of gether to recover the Medicaid—pre- smoking. cancer, and to heart disease which—as dominantly State—costs for smoking- I am concerned that we have gotten a heart surgeon and heart specialist, I related illnesses, thus avoiding this off track in our consideration of what I have operated on thousands and thou- whole doctrine called the assumption believe has to be comprehensive to- sands and thousands of people whose of risk doctrine. bacco legislation. There are some peo- heart disease I would attribute—to ge- It has been fascinating, because in ple who would just like to establish a netics? yes, but also in large part to the course of these lawsuits, and in tax and have funds to go possibly to smoking. large part because of the lawsuits—and public health, but also to many other Focus on the health of our children we have seen it unfold before commit- issues totally unrelated to what our and their children. Many of us in this tees here in the U.S. Congress as well— focus should be, and that is youth Chamber do have children who are in internal industry documents have been smoking. There are others who say we those teenage years. A fascinating sta- made public. They have been made need to address just the advertising as- tistic is that about half of the people public for the first time and are now on pects of this particular bill. There are who start smoking, half of all people the Internet, accessible to the media, others who say that we look at just who start smoking today, are 8 years to committees here in the U.S. Senate, vending machines; and there are others old, 9, 10, 11, 12, 13, and 14 years of age. as well as to people who are, on their who say we can solve this whole prob- Half of all people who start smoking own, on the Internet; they have access lem by looking at just the public today in this country are 14 years of to these documents today. health initiatives of behavioral change, age and younger. That is very different It is very clear the industry knew a of figuring out what causes addiction. from in the past. I think in large part lot more about the science—that is, the I for one believe we need to address that does come from the fact that that addictive nature of nicotine—than they all of these issues, and we run the dan- group of people have been targeted in had let on, that they knew a lot more ger, maybe for political reasons, maybe recent years, over the last 5 or 10 about the destructive effects of smok- for selfish reasons, of taking a bill that years—unlike 20 years ago—because if ing tobacco than was ever previously did start as a comprehensive bill and you can addict people at that age, they thought. stripping away certain things so that will not only purchase more cigarettes The focus of the discussion today, we will end up with just a tax or just a as youths but, because of their addic- which really demands that we address public health initiative or just an issue tion, over their entire lifetimes. the issue, is that the debate no longer of access itself, and I think we need to This whole passage through adoles- is that smoking may be harmful to do all of that. cence is something which really con- your health, as it was 20 years ago—we As to youth smoking, we have talked fuses the issue. It would be much easier know that it is harmful to your again and again over the last 2 weeks if we said let’s stop everybody from health—the debate that we need to ad- about the alarming statistics of youth smoking, because then you could really dress in the U.S. Senate, however, is smoking. The one statistic that seems engage in huge, huge policy. But if you the youth smoking, where one really to stick with people is one that is real, really stay focused on the youth, it in- doesn’t engage in free choice to start and that is that over the course of today, between now and tomorrow troduces all sorts of factors that may smoking at 10 or 11 or 12 years of age. morning, 3,000 kids, underaged chil- not apply later: Advertising, how we That free choice can be targeted, can dren, will start smoking for all sorts of advertise to youth—is it just Joe be shifted by very aggressive market- reasons. Camel, or is it other seductive types of ing. And that is what has been done We know it is peer pressure, we know advertising? And then, how you sepa- today. it is advertising, we know it is access, rate that advertising from broader- If we look back again a few months, we know that it is looking cool; but re- scale advertising, something that we some of these States began to settle for gardless, the bottom line is that 3,000 cannot do in the U.S. Senate or the huge sums from the tobacco industry. kids who were not smoking yesterday U.S. Congress. I believe it does almost Mississippi, as we know, just 2 years by the end of today will be smoking. demand participation by the industry, ago settled for $3 billion; Florida and What has become increasingly clear to agree that somebody 8 years of age Texas were the next to settle, for $11.5 and possibly covered up by the indus- or 10 years of age or 12 years of age billion and $15.3 billion, respectively. try, in part—confused by politics—is should not be targeted by such adver- And then just last month, Minnesota, that 1,000 of those 3,000 will become ad- tising, which clearly results in a crip- the most recent to settle, settled for dicted to smoking, and by being ad- pling addiction which will ultimately about $6.6 billion. Look a few months dicted, it means your body becomes de- kill that child later in life. later and how all of this evolved. In the pendent on that, it is out of your con- For many years, individuals, if we Spring of 1997, interested parties came trol, to a large extent because of phys- look at the history, have not been suc- to the bargaining table. I say ‘‘inter- iological responses. But, regardless, the cessful in suing the tobacco industry ested parties,’’ because you really did bottom line is that one out of every because of a doctrine called assump- have the public health advocates at the three of those children, the age of my tion of risk doctrine. No jury would table: You had the State attorneys children, 15, 12, 11, 10 years of age, who side with a plaintiff, because the smok- general representing the Medicaid pop- start smoking today, one out of three er had assumed the risk associated ulation, representing the expense of will die prematurely; that is, die ear- with smoking. the States at the table; you had the in- lier than they would—of lung disease, However, if we review very briefly dustry—something which we don’t of cancer, of emphysema—earlier than this recent history, over the last sev- have today in the U.S. Congress and they would have if they hadn’t started eral months a group of State attorneys the U.S. Senate—we had the industry smoking. general got together and starting suing actually at the table, coming to cer- So, the problem is very, very clear the industry to recover Medicaid costs, tain agreements. today, much clearer than it was even 5 Medicaid costs being principally in- Let me add very quickly, it was fas- years ago or 10 years ago. Therefore, I curred by a State, because two-thirds cinating, because I am from a tobacco think it is useful to stick with that of Medicaid funds are paid for by the State; we have 23,000 hard-working statistic. You can argue the statistic, State and about a third from the Fed- women and men and farming families but the bottom line is that 1,000 chil- eral Government. And therefore it was who work very hard, get up every dren who start smoking today will die the State attorneys general. The Med- morning to produce a legal product in prematurely. icaid Program is our joint State-Fed- this country. It is interesting, in this S5586 CONGRESSIONAL RECORD — SENATE June 4, 1998 great agreement—I guess I should qual- people are talking about amendments years, in 10 years, maybe 3 years, ify ‘‘great’’—in this historic agree- to make the bill better, and the bill eliminate the problem. For example, if ment, the tobacco farmers and the ag- was brought to the floor recognizing it we knew where in the brain addiction ricultural community were not rep- was not a perfect bill, that it was im- to nicotine actually occurs—and let me resented at that table. portant for that amendment process to say that there are ways to detect that Regardless, the other three groups— take place to modify it, to improve it, through PET scanning, positron-emis- the public health group, the industry to make sure that it does achieve the sion tomography, today—we know itself, the attorneys general—sat down, objectives of decreasing youth smoking roughly in the brain where the addict- and the basic elements of that, and I over time. I encourage my colleagues ive center to nicotine actually occurs. would say historic, June 20 settlement to come forward to participate with With the rapid advances made in included a number of things: No. 1, in- their amendments so we can achieve science, with the appropriate focus and dustry payments of $368.5 billion, that objective and, sometime within the appropriate resources, it is not far- agreed to by industry, members of the the next several days or next several fetched that we will identify not only plaintiffs’ bar, the attorneys general, weeks, bring this to some resolution. the location, where we have taken the and the public health groups. That I do believe, as I said, it takes a com- first steps, but the actual receptors, $368.5 billion was to be paid over about prehensive approach. I think we do and design a drug, a chemical, a hor- 25 years. It would be funded by what have to address, first, the advertising mone to go to that particular site and calculated out to be raising the price of targeted at children. An article in the turn off the addictive potential, the ad- cigarettes by 70 cents per pack over a Journal of the American Medical Asso- dictive connections that cause that 8- 10-year period. ciation of February 17 stated very year-old or that 10-year-old who starts Second, an important component, I clearly that advertising is more influ- to smoke to smoke forever out of their believe, is the advertising restrictions. ential than peer pressure in enticing control. The industry came forward and said our children to try smoking, and it es- That one little bit of research could that, we will voluntarily limit our first timated—and I recognize these esti- solve this whole problem. We can’t give amendment rights by refocusing adver- mates are really all over the board— any statistic probability that that re- tising, if the remaining aspects of that but it estimated that about 700,000 kids search will result in that sort of effect, agreement would go into effect. a year are affected by advertising. Big but the potential is there. It takes that Third, there were youth access provi- debate. We have talked about it a lot emphasis on that particular dimension, sions and really some pretty tough li- over the last several weeks. Is it adver- moving there and saying we do need to censing requirements for retailers who tising? Is it peer pressure? How do you put the appropriate funds there, that sell tobacco. All of us know the prob- control peer pressure at that very some effort in this comprehensive ap- lem we have with access today. If you tricky age of walking through adoles- go into any community and ask a proach must be directed to research. A cence? They are inextricably tied to- young 16-year-old or 15-year-old, strong commitment to basic science gether. If you have very effective ad- ‘‘Could you get a pack of cigarettes?’’ and behavioral research is critical. vertising that makes smoking look Such focused research made possible they would say, ‘‘Yes, without a prob- by this bill might even uncover a pill. lem.’’ cool and makes you part of a group and Fourth, that June 20, 1997, settlement makes you feel good at 12 years of age, I can almost see a day where people had $2.5 billion per year for smoking then peer pressure builds. If somebody will smoke for 6 months or smoke for a cessation programs, public education asks is it peer pressure or advertising, year. If we can kill that addictive po- campaigns, and State enforcement. It it is very confusing. tential, that 6 months to a year might gave FDA authority to regulate to- In our business, in the political busi- not have the same impact on one’s cor- bacco and smoking. It had no class ac- ness, in public service, we know the ef- onary arteries in the development of tion suits or suits by any government fects of marketing. We know that kids atherosclerotic plaques—hardening of entity. It had immunity for the indus- are targeted, and we know that builds the arteries—which cause heart at- try from all punitive damages for past and establishes peer pressure which tacks and ultimately death. actions. Individuals were allowed to does affect somebody at that age, in Will we get there? We don’t know un- bring suits to cover compensatory adolescence, when they are reaching less we focus research in that area, and damages for past conduct and compen- out for identity and for security and right now we do not have sufficient re- satory and punitive damages for future for acceptance. Therefore, either deal- search there. We do need to look at cer- conduct. ing directly with the industry or indi- tain behavioral research: How can we Because that settlement required the rectly, we have to have the industry stop people from smoking who are ad- enactment of Federal law, it came be- agree not to target kids. Our society dicted to smoking? We just don’t know fore the U.S. Congress. We are here simply must stop glamorizing smoking very much about that. today in large part because that June in the way that it does today, which in- Later today, I think we will be talk- 20 settlement requires us to be here or creases the peer pressure. This applies ing a lot about drugs, other drugs—not it just doesn’t occur. Implementing the to television; it applies to movies; it just nicotine, not just cigarettes—and provisions of that settlement or imple- applies to 30-second spots; it applies to the importance of developing a more menting provisions similar to it does billboards. We have to stop that mar- comprehensive policy. I welcome that require Federal legislation. keting directly to children, and I be- opportunity, again, because I have We had committees that had jurisdic- lieve the industry has to take the lead youngsters. I have three boys, who are tion over several provisions in this in that regard. going through this period of adoles- June 20 agreement. Judiciary had a Secondly, to have a truly comprehen- cence, who are going to be tempted and role, the Labor Committee had its ex- sive program, we do have to have a exposed to all of the seductive adver- pertise in the FDA, the Finance Com- strong public health initiative, includ- tising, peer pressure, wanting to be ac- mittee had jurisdiction over inter- ing tobacco-related research, including cepted, that we have all gone through national trade aspects, the Commerce tobacco-related treatment, and includ- and most of our children go through. Committee had jurisdiction over the li- ing tobacco-related surveillance. It is A comprehensive approach: The re- ability and interstate commerce exper- fascinating in terms of how we would search, the scientific research, smok- tise, the Agriculture Committee had a use certain moneys, because a number ing cessation programs, behavioral re- keen interest in the effect of this type of people want to use certain moneys search, the addictive potential, the ad- of really unprecedented legislation on for programs totally unrelated to pub- vertising that I spoke to. farmers, all of which ultimately were lic health initiatives, totally unrelated The third component is that of ac- pulled together—at least that expertise to research. cess. It is too easy today. We held hear- was pulled together—through the Com- If we just step back and imagine ings in our Subcommittee on Public merce Committee and bringing it to what could be done if moneys were Health and Safety, which I chair, in the floor to be amended accordingly. spent effectively and if there were ap- the Labor Committee and had some We are right now in the middle of propriate moneys available for re- really powerful, powerful testimony that amendment process. A number of search, we might—we just might—in 5 come forward by the users, by those June 4, 1998 CONGRESSIONAL RECORD — SENATE S5587 young adolescents who have started to We have two competing amendments effective and responsible we can be if smoke. We heard chilling testimony or proposals right now that are being we have a comprehensive settlement. about how easy it was to purchase to- considered. I am very hopeful that an And that is what it is going to take bacco products. agreement can be reached between —public health initiatives, appropriate We can do a great job in a small com- those two. They have very different research, addressing the issue of ac- munity. If there are 12 places where concepts. On the other hand, both have cess, and addressing the issue of adver- one can buy tobacco, we can have 5 of as their goal to do what is in the best tising. We must have an industry that those really enforce the access laws. interest of those hard-working men and does not market to kids. We have to Just imagine 12 convenient stores in a women who are in the farming commu- have the cooperation of the industry. community. You can have five that nity, who, through no fault of their Mr. President, let me just make one really stick to the law. You can have own, we have this targeting of the final comment that is on the Food and another five that do pretty well. But if youth by the industry, who, through no Drug Administration. I have been very there is just one in that community fault of their own, affect this idea of active in working to see that the Food that continues to sell cigarettes, for easy access. They are literally getting and Drug Administration is the agency whatever reason, the access programs up every morning, going out, working that would oversee whatever regula- don’t work at all. We need to have hard in the fields to produce a legal tion we pass on the floor of the U.S. more effective access. product. I am very pleased that this Senate and through the U.S. Congress. Nickita from Baltimore, who is now group is being addressed. I look for- The approach was to set up a separate 18 years old, started smoking when she ward to having some resolution of the chapter within the Food and Drug Ad- was 14 years of age. She testified that two competing groups. ministration rather than try to regu- she would normally get her cigarettes Mr. President, I will wrap up my late tobacco or cigarettes through a from the store. She testified that she comments shortly because other people three or four sentence clause that is never had a problem buying cigarettes are on the floor. I think this bill is not existing in the device aspects of the in the store. In fact, ‘‘People in my perfect yet. I think we need to look Food and Drug Administration legisla- community, as young as 9 years old, go very closely at how we have designated tion today. to the store and get cigarettes. They whatever funds are generated by this We did this for a number of reasons. simply do not ask for IDs,’’ she said. particular bill and to look at what pro- I have outlined those reasons on the The lesson I learned from this testi- grams they create. floor today. I am very pleased where we mony is that we must enforce youth The version of the bill on the floor stand with that today, in terms of set- access laws. We must make it impos- now, unlike the original Commerce ting up a new chapter that recognizes sible for children to buy cigarettes in version of the bill, is much, much bet- that tobacco really is a unique product. any neighborhood in this country. It is ter in that most of the huge bureauc- It is not a device to be regulated like a really shameful that in America in 1998 racies that came out of the Commerce pacemaker or like an artificial heart a teenager can purchase tobacco in any Committee bill have been eliminated, device or like a laser. And that is neighborhood in the United States of have been reduced. I think there are where an attempt was made by the ad- America. still a number of those programs that ministration to regulate tobacco. There are three elements—access, ad- we need to go back and address. Are there parts of that that might be vertising, public health and basic Some people have come to the floor improved? I think we can consider that science initiatives. In this whole arena and have basically said that the bill on as we go through the amendment proc- of access, price is an issue. I voted the floor is merely an attempt to de- ess. I still have some concerns with against the tax of $1.50 that was pro- stroy an industry that is producing a some parts of the Commerce bill. I look posed on this floor 2 weeks ago very legal product by raising the price too forward to seeing them modified. simply because price addresses one as- much. I think this is a legitimate con- I think as a heart surgeon, as a lung pect of the three aspects that I think cern. We have had a countless number surgeon, I have a real obligation to are important to decrease youth smok- of financial experts present data; some point out that smoking does kill peo- ing. Price does affect purchasing. While have had a vested interest, some have ple— there is no question—No. 2, that it is one of the levels, one of the fac- not. A number of them have come be- tobacco is a legal product in this coun- tors, it is not the only factor. fore the several committees who have try—and I think it should stay a legal Consumption, though, had been de- held hearings on this jurisdiction, and product in this country where adults creasing in the 1970s. However, between it really seems nobody can answer the who have the maturity, have the edu- 1980 and 1993, the downward trend real- question of the appropriate price and cation to make choices for themselves ly accelerated, with consumption fall- what a price increase of 50 cents or 70 should have that opportunity—but, ing by 3 percent a year at the same cents or $1 or $1.50 will do on the indus- thirdly, I feel very strongly that we time that the inflation-adjusted price try itself. need to address youth smoking and do of cigarettes increased by 80 percent. We do know one thing; and that is our very best as a nation for our chil- In addition, in the early 1990s, we saw that the industry at one time agreed, dren and for that next generation price cuts, and consumption leveled off back in June, to a $368.5 billion ex- through a comprehensive strategy to with only modest decreases in the price change for some assurances that they work to reduce youth smoking. until 1996. Then in 1997, prices rose by would have some predictability in fu- Mr. President, we have two col- 2.3 percent, and consumption fell again ture lawsuits. Now that has been radi- leagues on the floor, and I would sim- by 3 percent. cally changed at the end of 2 weeks ply ask unanimous consent if they Expert testimony provided in hear- ago. We need to all get together to see could limit their comments or let me ings before us, based on data from both what that next step should be, what inquire in terms of, from each of them, this country and others, clearly dem- further amendments need to be applied. how long they would require? I would onstrates that the price of cigarettes Again, personally, I believe that the in- like to have some limitation because does affect consumption. But price dustry has to be at the table, has to we want to get to other amendments alone simply will not solve the prob- agree not to target the youth today. early this morning. lem; that a comprehensive approach is Black market—something that is Mr. DURBIN. I thank the Senator. I necessary. very, very real. If the price is raised would be happy to limit my remarks to Mr. President, I think the bill on the too high, at least based on the testi- no more than 30 minutes. floor is a good start in addressing, in a mony that has come before our com- Mr. ASHCROFT. The same. comprehensive way, this issue of de- mittees, a black market would most Mr. FRIST. I will yield 30 minutes to creasing youth smoking. It also ad- certainly occur, and then we would ul- both of my colleagues on the floor. At dresses an issue that was ignored by timately end up destroying exactly that time, I reserve coming back and the June 20 settlement, an issue that I what we are trying to achieve—that is regaining the floor at that time. mentioned—that of the agricultural a reduction in youth smoking. The PRESIDING OFFICER. Is there community and that of tobacco farm- Mr. President, I guess in closing my objection? Without objection, it is so ers. remarks I just want to emphasize how ordered. S5588 CONGRESSIONAL RECORD — SENATE June 4, 1998 Several Senators addressed the responsible for the transaction. There keep the car repaired, occasionally Chair. is no disincentive for teenagers to try scraping together enough for a modest The PRESIDING OFFICER. The Sen- and purchase cigarettes in this bill. day off or a vacation, would suddenly ator from Missouri. Two percent of retail cigarette sales be subject to a massive new tax, 60 per- Mr. ASHCROFT. Mr. President, I rise are made to minors. Adults purchase 98 cent of which would fall on them. Some today to discuss the tobacco bill. And I percent of all cigarettes sold in retail households would see their taxes in- wish to address the massive tax in- stores. Under this bill, we are creating crease by more than $1,000. Moreover, crease that is in this bill—tax increases a massive tax increase on 98 percent of this new tax would be levied on money that are targeted against the lowest in- smokers in order to try and discourage that has already been subject to the in- come individuals in America: hard- 2 percent of all the retail sales. There come tax. If you are buying cigarettes working citizens who earn primarily is sound evidence that the 2 percent and you have an additional $1.10 to pay, less than $30,000 a year. It is a massive will not be discouraged. In Washington, it is a tax on money you have already tax increase that is going to be used to taxes and spending are the only things paid tax on. Households earning less expand the Federal Government, just more addictive than nicotine. than $50,000 would pay seven times as when the American people continue to Preliminary reports estimated this much in new tobacco taxes than house- make it clear that they are tired of legislation would increase taxes $868 holds earning $75,000 or more. Government imposing its decisions on billion. We now know that this legisla- According to the Congressional Re- our daily lives. tion would raise taxes $885 billion and search Service, tobacco taxes are per- Just last week there was an an- create new government programs with haps the most regressive taxes cur- nouncement of a $39 billion surplus in funding locked in for 25 years. It cre- rently levied. In the United States of 1998 and a $54 billion surplus in 1999. ates a huge government regulatory America where, we already have the Congress should be debating how to re- scheme the likes of which we have not highest taxes in history, we are now turn this money to the taxpayers. We seen since the Clinton proposal to per- projecting a massive tax increase on should not be debating how to siphon petrate a national health care system individuals least capable of paying. more out of the pockets of working from the Federal Government. While those earning less than $10,000 Americans. This bill is a tax bill, pure and sim- make up only 10 percent of the popu- It is also possible to discuss the inev- ple. It is a tax bill on Americans who lation, 32 percent of those people itable black market that would result are already overburdened with taxes. smoke. The current tobacco tax rep- from the policies in this bill, even Americans today are working longer resents 5 percent of the smokers’ in- come in this category. Those making though my colleagues and the adminis- and harder than ever before to pay between $10,000 and $20,000 a year make tration continue to ignore this threat their taxes. Tax Freedom Day this year up 18 percent of the population. How- to American neighborhoods of creating was less than a month ago, on May the ever, 30 percent smoke. The current to- a black market with the high taxes in 10th. It was a record year. Americans bacco tax makes up 2 percent of a this bill. I will also discuss the effect of worked longer into the year this year smokers income in this category. a price increase on teenage smoking to pay their taxes than ever before. Therefore, this bill amounts to a tax rates. The hard work of the American people, increase on 31 percent of Americans Mr. President, along with my col- let me say again, the hard work of the who earn under $20,000 a year. House- leagues, I am truly concerned about American people allowed the President holds earning less than $10,000 a year teen smoking. However, I do not be- just last week to announce a $39 billion would feel the bite of this tax increase lieve that teen smoking is the focus of projected surplus in 1998 and a $54 bil- most of all. These households, it is es- this legislation. Under the guise of re- lion surplus projected for 1999. Yet here timated, would see their Federal taxes ducing teen smoking, proponents of we are a week later continuing to talk rise 35.1 percent. this bill are willing to increase taxes not about how to return the surplus to In most areas of the country, some- on hard-working Americans by well the people, but how to siphon more out one earning $10,000 a year is well below over $800 billion. That is well over of their pockets. As currently drafted, the poverty line. We spend much of our three-quarters of a trillion dollars. the proposed tobacco bill is nothing time in this body trying to find solu- Under the guise of reducing teen more than an excuse for Washington to tions for those in this income brack- smoking, proponents of this bill sup- raise taxes and spend more money. et—we have tax credits, welfare pro- port a massive increase in the size of In the 15 years prior to 1995, Congress grams, educational grants, job-training the Federal Government—17 new passed 13 major tax increases. In fact, programs. They cost billions of dollars boards and commissions, which is a last year’s Taxpayer Relief Act was the a year. We try to lift people out of modest estimate. And then in response first meaningful tax cut since 1981. As their poverty, out of that income to the identification of those boards currently drafted, the tobacco bill bracket. However, today, Members of and commissions, some in support of erases that relief. We must stop that this body are enthusiastically saddling this bill have decided to say they would from happening. We must not undo the them with a huge tax burden of over take out those boards and commissions modest gains we gave to the American $800 billion focused on those least capa- and just leave authority for agencies to people just last year. We certainly can- ble of paying. Washington politicians create within themselves the capacity not relieve them by imposing another and bureaucrats are saying they know to do what the boards and commissions $885 billion in taxes on them. To para- better how to spend the resources of were designed to do. Instead of having phrase President Reagan, the whole the American people. boards and commissions that are ac- controversy comes down to this: Are Let me share the impact this tax in- countable and identifiable, you have you entitled to the fruits of your own crease will have on the constituents of stealth boards and commissions that labor or does government have some the people in Missouri. Using data pro- are hidden in the agencies. I don’t presumptive right to tax and tax and vided by the Centers for Disease Con- think making them indistinguishable tax? Who will pay the $800-plus billion trol, it is clear the tobacco legislation is a way to say that government isn’t in taxes contained in this proposed leg- would be an annual $382 million tax on growing. islation? people in Missouri. Of that amount, Proponents of this bill claim it is The tobacco legislation is a massive $227 million would be paid by house- necessary to curb teen smoking. What tax increase that would be levied holds earning $30,000 or less. This is a this bill is necessary for is to feed the against those least capable of paying. conservative estimate. This assumes tax-and-spend habit of individuals in About 60 percent of the tax increase that each smoker in Missouri smokes Washington. would fall on families earning $30,000 a only one pack a day. For someone who Although Congress has the authority, year or less. That is a shocking figure. smokes two packs daily, the $1.10 per we do not even make it illegal for mi- What it basically says is these families pack tax increase contained in the to- nors to possess or use tobacco in the with less than $30,000, struggling to put bacco legislation would amount to a District of Columbia in this bill. We clothing on the backs of their children, tax increase of $803 annually. only have rules regarding the point of food on the table, to pay the rent, to Let’s look at how this will impact sale. Even then, we only make retailers have the money for transportation, to other States. Arizona, 22.9 percent of June 4, 1998 CONGRESSIONAL RECORD — SENATE S5589 the adults smoke; $227.3 million tax in- annual tax liability would balloon those payments—taxes—are to be crease on Arizona, $164.7 million on $3,700 as a result. The marriage penalty passed through to consumers—under a those with incomes of $30,000 or less. In led them to rethink their decision to penalty if it is not done. Texas, 23.7 percent of adults smoke; get married. It has been said that industry is the $1.2 billion tax increase on Texas, $1.2 A marriage penalty exists today be- group that is convincing people that billion tax increase on the people of cause Congress legislated ill-advised this is a tax bill. But we all know that Texas, with three quarters of a billion changes to the Tax Code in the 1960s. industry can’t make it a tax bill, and being levied against those who earn This is an example of Washington’s val- Senators can’t say it is not a tax bill if $30,000 or less. ues being imposed on America instead it is a tax bill. It is a tax bill. It re- This bill contains massive tax in- of America’s values being imposed on quires consumers to spend additional creases that are going to be used to ex- Washington. sums of money and to send them to pand the Federal Government just Over the next 5 years, the Federal Washington so that government pro- when the American people continue to Government is expected to collect $9.3 grams can be extended. make it clear that they need relief. trillion in taxes from hard-working Those who support this bill would Some people ask, where is all this Americans. Completely eliminating the like for the American people to believe money coming from when we talk marriage penalty would reduce that that this is tough on tobacco. The about our surpluses? I can tell you total by only $150 billion, or only 1.6 American people are beginning to find where the money comes from—it comes percent. out that tobacco companies won’t bear from the hard work, the sacrifice, the Now that taxpayers have provided the costs of these payments. Consum- ingenuity, the efforts of Americans. It the Federal Government with a surplus ers will. This bill requires that con- is not our money. It is their money. It that may be as much as $60 billion this sumers will be those who are required is not Washington’s. We should be dis- year alone, Congress has no excuse for to put up the money—the $800 billion- cussing how to leave the money where withholding tax relief from American plus that comes in the mandatory pay- it belongs. Instead, we are discussing families. ments, the taxes that are occasioned how to take more money. The power to tax is the power to de- by this bill. I have an amendment that I plan on stroy. The average dual-income house- What will be the impact on tobacco introducing later in this debate that hold spends a far larger share of its in- companies? In September of 1997, the will accomplish the goal of leaving come on taxes than it does on food, Federal Trade Commission issued a re- money in the pockets of the taxpayers. shelter, clothing, and transportation port entitled ‘‘Competition and the Fi- It will give much-needed tax relief to combined. nancial Impact of the Proposed To- Americans in a way which will provide With taxes at these levels, no wonder bacco Industry Settlement.’’ The re- the greatest relief to those who will be families are finding it necessary to port was done at the request of the hardest hit under the bill. I believe, as send both spouses into the workplace. Congressional Task Force on Tobacco many do in this body, that if this bill One of the ways in which the marriage and Health. This report analyzed the is allowed to increase taxes, that reve- penalty manifests itself is that the economic impact of the proposed set- nue should be used to relieve married standard deduction for a married cou- tlement on cigarette prices, industry couples of what might possibly be the ple is less than that for two singles. profits, and Government revenues. most indefensible and immoral tax of That means if you are married and you This tobacco legislation was built upon the proposed settlement, but it is our Tax Code. This is a perfect example file a joint return, the standard deduc- not exactly the same. But this report of Washington’s values being imposed tion is not double what it was when was based upon the annual payment, on America instead of America’s values you were single. Again, let me repeat look-back provisions, and tax deduct- being imposed on Washington. Ameri- this staggering fact. Last year, 21 mil- ibility of the payments made by the to- cans value marriage; Washington taxes lion married couples collectively paid a bacco companies. marriage. $29 billion tax. They paid $29 billion There are several important conclu- The marriage penalty tax creates a more than they would have paid had sions in this report: situation in which 21 million couples they been single. First: ‘‘The major cigarette manufac- pay $29 billion more than they would I will offer an amendment that will turers may profit from the proposed have paid had they been single. The substantially reduce the marriage pen- settlement by increasing the price of marriage penalty, on the average, is alty. It will do so by making the stand- cigarettes substantially above the about $1,400 per family. This is grossly ard deduction for married couples amount of the . . . payments that are unfair and is an assault on the values twice what the standard deduction is to be paid to the public sector.’’ of the American people. Consider a typ- for single people. It could be profitable for the tobacco ical couple in which each person earns Members of this body have been argu- companies. This bill that is so hard on an annual income of $35,000. Under cur- ing that there is no tax in this bill, the tobacco companies may result in rent law, if the couple were to wed in only an increase in tobacco prices to increased profits for the very tobacco 1998, they would pay $10,595 in Federal deter smoking. In fact, the Finance companies we are supposed to be hurt- income taxes, assuming they were Committee, in its mark, at least tried ing. childless and they take the standard to level with the American people by Second, the report concludes: ‘‘Even deduction. If, instead, they chose to re- reporting out a bill that called it a tax. assuming that prices increase by no main single, their combined tax bill Webster’s Dictionary defines a tax as a more than the annual payments, the would amount to $9,117. In other words, ‘‘compulsory payment, usually a per- major cigarette firms may profit they would pay $1,478, a 16-percent pen- centage, levied on income, property substantially . . . through limitations alty for being married. values, sales prices, etc., for the sup- on liability and reductions in advertis- As you might expect, people often port of government.’’ ing and litigation costs.’’ modify their behavior to avoid paying In this bill we have a compulsory Well, that is a very serious sugges- taxes. In fact, it is one of the assump- payment. The bill then requires that tion. And that comes from the Federal tions of the tobacco legislation that the cost of these payments be passed Trade Commission of the United people would modify their behavior— on in the form of price increases to States. quit smoking—if we raise taxes on consumers. It even penalizes companies Again, the actual elements of this cigarettes. Does the Tax Code really in- if they fail to do so. These payments bill that are supposed to show that fluence moral decisions and prevent are then used to fund massive pro- Congress is ‘‘tough on tobacco’’ may, couples from getting married? Trag- grams for Federal and State govern- according to the Federal Trade Com- ically, yes. Some couples simply can- ments. mission, actually enable tobacco com- not afford to bear the extra burden of Well, if it walks like a duck, talks panies to profit substantially by reduc- the marriage penalty. Just ask Sharon like a duck, and sounds like a duck, it ing litigation costs and by reducing the Mallory and Darryl Pierce of Conners- is a duck. So if it ‘‘walks’’ like a tax costs of advertising. ville, IN. They were planning to get and acts like a tax, it is probably a tax. The report then mentions the affect married when they learned that their This is a tax and in law provides that of price increases on smokers. It says: S5590 CONGRESSIONAL RECORD — SENATE June 4, 1998 The overall demand by adults for ciga- could be felt within a single generation, and status and the like and making a state- rettes is inelastic, or relatively insensitive we could see nicotine addiction go the way of ment, which smoking frequently is for to changes in price. Most adult consumers smallpox and polio. without a price increase. young people. will continue to smoke notwithstanding a These statements were made about The debate on this floor has as- significant increase in price. regulations that contained absolutely As a result, an industry-wide price increase sumed—a dangerous assumption, reck- would be profitable for the companies, even no price increase—no massive tax on less, and irresponsible intellectually— though some smokers would react to the the working people of America; no that for every 10-percent increase in higher prices by smoking less or quitting al- massive taking by the government of price you get a 7-percent reduction in together. over three-quarters of a trillion dol- youth smoking. Now, the evidence is not clear that lars; no extension of 17 new boards, Studies conducted by economists at raising prices reduces teen smoking commissions, and agencies for the gov- Cornell University and the University rates. Mr. President, this bill is being ernment. of Maryland, and funded by the Na- considered on the Senate floor. It is Also, remember that these regula- tional Cancer Institute, question the being considered and being sold to the tions were supposed to reduce youth connection between youth smoking, American people as the only way to re- smoking by 50 percent over 7 years, prices, and tax rates. while it has been claimed, that this duce youth smoking. They are being THE CORNELL STUDY bill—containing massive tax in- told that we can justify an $800 billion After following 13,000 kids for 4 years, creases—will reduce teen smoking by tax increase that is necessary to get Dr. Philip DeCicca of Cornell Univer- 60 percent over 10 years. rid of the disease of addiction. How- sity, in a National Cancer Institute Dr. Kessler was widely cited as a sup- ever, after looking at the evidence, funded study—a public health study— porter of the amendment offered on there is no reason to believe that such found ‘‘Little evidence that taxes re- this floor last week that would have in- a tax increase is the answer to elimi- duce smoking onset between 8th and creased the tax on cigarettes by $1.50 nating teen smoking. 12th grade.’’ rather than the $1.10 already contained Mr. President, I inquire as to the The economists that conducted this time remaining in my opportunity to in the bill as necessary to reduce teen smoking, which is substantial. study presented their results between speak? the relationship between higher to- The PRESIDING OFFICER. Nine Yet, when those regulations were en- acted he never complained that this bacco taxes and youth smoking to the minutes. American Economics Association an- Mr. ASHCROFT. I thank the Chair. regulation would not have been effec- tive in reducing teen smoking because nual meeting in January 1998. This is Food and Drug Administration regu- not a dated study. lations, which were designed to curtail it did not contain such a massive tax increase. The study concluded that higher teen smoking and which were sug- taxes have little effect on whether gested by a Cabinet Secretary who About these regulations, President Clinton stated: young people start to smoke. helped promote these regulations, did They concluded that ‘‘[T]axes are not not contain price increases. The most That’s why a year ago I worked with the FDA, and . . . a nationwide effort to protect as salient to youth smoking decisions striking evidence that significant price our children from the dangers of tobacco by as are individual characteristics and increases are not necessary to reduce reducing access to tobacco products, by pre- family background.’’ smoking is a very recent attempt by venting companies from advertising to our ‘‘[W]e find little evidence that taxes this administration to address the children. The purpose of the FDA rule was to reduce smoking onset between 8th and youth smoking issue. In 1996, regula- reduce youth smoking by 50 percent within 7 12th grades,’’ and estimated that a $1.50 tions promulgated by the FDA were years. tax increase would decrease the rate of touted as being historic. It was esti- There was no complaint by the Presi- smoking onset by only about 2 percent- mated to reduce youth smoking by 50 dent that these regulations were insuf- age points—from 21.6% of 12th graders percent over 7 years, and they didn’t ficient because they did not contain a who start smoking currently to 19.6% include price increases. price increase. of 12th graders. The important aspect of these regula- What has changed in just 2 short ‘‘Our data allow us to directly exam- tions is that they contain no price in- years? ine the impact of changes in tax rates crease on smokers in the general popu- Policymakers in Washington have on youth smoking behavior, and our lation. As you know, this legislation is found a cash cow to pay for their pet preliminary results indicate this im- raising the prices on 100 percent of the programs that the President said he pact is small or nonexistent.’’ smokers to try to discourage the utili- wanted, but which he would find in- Here is the best data we have. The zation of cigarettes by 2 percent of capable of moving through the ordi- most recent studies indicate that a those who purchase. There was no dis- nary budget process. massive increase of three-quarters of a The evidence as to whether price in- cussion in the regulations of a huge trillion dollars plus on the taxes of the creases reduce youth smoking is ten- price increase—a massive tax increase. American people will have little im- tative—at best. And about this regulation, the Sec- pact or a nonexistent impact in reduc- The second issue I want to address retary of Health and Human Services, ing youth smoking. concerning the need to increase taxes Donna Shalala, stated: In conclusion, the economists stated on the American people by $868 billion This is the most important public health that the study ‘‘raises doubt about the is whether price increases actually re- initiative in a generation. It ranks with ev- claim that tax or price increases can duce teen smoking. erything from polio to penicillin. I mean, substantially reduce youth smoking.’’ this is huge in terms of its impact. Our goal My colleagues have been arguing is very straightforward: to reduce the that the studies show conclusively that MARYLAND STUDY amount of teenage smoking in the United price increases reduce youth smoking. Economists at the University of States by half over the next 7 years. However, that simply is not the case. Maryland and the University of Chi- It is a laudable objective, and appar- At best, the studies are inconclusive. cago conducted a similar study that ently it is believed to be attainable by At worst, they show little correlation analyzed data concerning more than the Secretary of Health and Human between price increase and a reduction 250,000 high school seniors for the pe- Services without a massive tax in- in youth smoking. riod 1977–1992—the largest such sample crease or price increase. The debate on this floor has assumed ever used for a study on this subject. David Kessler, one of the strongest that for every 10 percent increase in They found that the relationship be- proponents of this bill, was the Direc- price reduces youth smoking by 7 per- tween price and youth consumption is tor of the Food and Drug Administra- cent. ‘‘substantially smaller’’ than suggested tion when these regulations were pro- Frankly, I think the average citizen by previous studies. mulgated. He stated: knows that young people who are will- In addition, real world experience Don’t let the simplicity of these proposals ing to pay $150 a pair for sneakers are confirms the uncertain relationship be- fool you. If all elements of the anti-smoking probably not very price sensitive when tween higher tobacco taxes, prices and package come into play together, change it comes to other factors that relate to youth smoking. June 4, 1998 CONGRESSIONAL RECORD — SENATE S5591 CALIFORNIA have less ‘‘disposable income’’ than public transportation; it was totally In 1989, California increased its ciga- adults, but their spending is almost en- unnecessary; it discriminated against rette excise tax by 25 cents per pack, tirely discretionary. the rights of smokers, and on and on but there is no evidence that youth The CDC has compiled data on brand- and on. smoking declined. This was an 11 per- preference that supports the conclusion Well, Mr. President, it was our good cent increase. Therefore, under the that young people are not particularly fortune in the House of Representa- analysis that elasticity of teenage price sensitive. tives to have a number of Members of smokers is .07, there should have been The ‘‘price value’’ or discount, seg- Congress, both Democrats and Repub- a decrease of at least 7 percent. ment of the cigarette market com- licans, who, for the first time in mod- We are operating under the assump- prised 39 percent of the overall ciga- ern memory, rejected these pleas from tion that 25 cents a pack would have rette market in 1993. Yet, according to the tobacco lobby and enacted legisla- resulted in a 16-percent or more de- the CDC, less than 14 percent of adoles- tion a little over 10 years ago that crease in the number of youth smokers. cent smokers purchased generic or banned smoking on airplane flights of 2 The truth of the matter is there was other ‘‘value-priced’’ brands—just one- hours or less. It was a breakthrough. It an 11-percent increase. Therefore, third the percentage. was the first time the tobacco lobby under the analysis that the elasticity The point was echoed by the govern- lost. Those who joined me in that ef- of smokers is .07, there should have ment’s lawyer defending the FDA to- fort stuck their necks out politically. been a decrease of substantial propor- bacco rule, who told the U.S. District It wasn’t considered to be very smart tions. Court, ‘‘[P]rice, apparently has very politics to oppose tobacco. This, in However, as of 1994, researchers were little meaning to children and smok- fact, was the largest, most powerful, most well funded lobby in Washington. ‘‘unable to identify a decline in preva- ing, and therefore, they don’t smoke Fortunately for us, Senator FRANK lence [among 16 to 18 year olds] associ- generic cigarettes, they go for those LAUTENBERG of New Jersey and his ated with the imposition of the excise three big advertised brands.’’ In Canada, in Great Britain, the Cor- friends in the Senate joined us in the tax.’’ nell study, Maryland University, the battle and together we successfully CANADA Chicago study, the situation in Califor- achieved our goal. Today, virtually all The most commonly cited real world nia, we don’t have a clear understand- domestic airline flights—in fact, I situation is our neighbor to the ing that a rise or an increase in taxes think all of them—are smoke free. It is North—Canada. would in fact result in a decrease in now becoming a trend worldwide. In Canada, the federal government youth smoking. That battle and that victory, I think, increased cigarette taxes in several It is with that in mind that I feel we set the stage for where we are today, stages in the late 1980s and early should reject this bill as a massive tax albeit a small victory in comparison to 1990s—from $10.75 per 1,000 cigarettes to increase, and if there is a massive tax our goal in this debate. But it would $24.34 in 1986, then to $38.77 in 1989, and increase in this bill, that tax increase have been unimaginable 10 or 11 years to $62.90 in 1991. should be sent back to those who are ago to think that today in the Senate Although it has been stated on this most hurt by it—low-income individ- we are debating a bill involving to- floor, by proponents of this legislation, uals—by eliminating a marriage pen- bacco and health of the magnitude of that smoking decreased during that pe- alty by raising the standard deduction the McCain bill which comes before us. riod, they fail to talk about the years for married couples to exactly double JOHN MCCAIN is our Republican col- 1991 to 1994 when the tax rates were the that enjoyed by single taxpayers. league from the State of Arizona. I ad- highest in that nation’s history. I thank the Chair for the time. I mire his grit and determination in During that period, smoking rates yield the floor. bringing this bill to the floor despite a among 15–19-year-olds rose from 21 to Mr. DURBIN addressed the Chair. lot of opposition, primarily but not ex- 27 percent. That is a 25-percent in- The PRESIDING OFFICER. The Sen- clusively, from his own side of the crease. ator from Illinois is recognized for 30 aisle. If the argument that rising prices minutes. When you think in terms of what we will reduce teen smoking, it stands to AMENDMENT NO. 2438 are setting out to achieve, it is sub- reason that youth smoking should in- Mr. DURBIN. I thank the President. I stantial. It is revolutionary. It is long crease as prices fall. However, a year am happy to stand this morning in sup- overdue. Our goals are simple: reduce and a half after reducing—signifi- port of the pending amendment before teen smoking, invest in public health cantly—tobacco taxes in Canada, ac- the U.S. Senate to this tobacco legisla- research and programs to help smokers cording to the ‘‘Survey on Smoking in tion. It is an amendment offered by quit, and protect tobacco farmers and Canada,’’ teen smoking ‘‘remained sta- Senator DEWINE, Republican of Ohio, their communities. ble.’’ and myself, a bipartisan effort to make The focus on children is a good one The fact that is ignored by those who this important bill more effective. and an important one because tobacco argue teen smoking declined in Canada I would like to pause for a moment companies have needed these children due to the significant tax increases is before addressing the amendment and desperately. Each year, they have to that youth smoking declined in the speak to the historical significance of recruit millions of children to replace United States by 30 percent during the this debate. those who are breaking the habit and About 11 years ago I was involved in same period—1977 to 1990—without a those who have passed away. They set a struggle as a Member of the House of price increase. out their net and stretch it out for mil- Representatives to pass one of the first lions and bring in thousands, but they U.K. tobacco-controlled bills ever consid- keep replenishing the ranks; 89 percent Between 1988 and 1996 the per pack ered by the House of Representatives. of all people who ever tried a cigarette price of cigarettes increased by 26 per- In comparison to this bill, ours was a tried by the age of 18. Of people who cent. Although cigarette volumes fell very modest measure. We were setting have ever smoked daily, 71 percent by 17 percent, the percentage of weekly out to achieve something which on its were smoking daily by age 18. Vir- smokers aged 11–16 went from 8 percent face appeared very simple, but turned tually no one starts smoking during in 1988 to 13 percent in 1996. out to be politically very difficult. adulthood. It is a childish decision. It COMMON SENSE What we wanted to achieve 11 years becomes a childish habit, and it con- Common sense also suggests that ago was to ban smoking on airplanes. demns those who fall into the lure of youth are less responsive to tax and You would have thought that we were this nicotine addiction to the likeli- price increases. In an era of $15 com- proposing a second American revolu- hood of a shortened life and more expo- pact discs, $100 video games, and $150 tion. The tobacco lobby organized its sure to disease. sneakers, is it realistic to believe that efforts, found all of its friends, both This McCain bill not only sets out to a few extra dollars on cigarettes a Democrat and Republican, and mar- reduce the number of teen smokers, month will cause youth to stop experi- shaled forces to beat our effort. but it also sets out to invest more in menting with smoking or not to start They predicted that what we were medical research. When I heard my col- in the first place? Young people may setting out to do would create chaos in league from Missouri decrying this bill S5592 CONGRESSIONAL RECORD — SENATE June 4, 1998 and talking about this waste of tax dol- not achieve our goal unless we are very the Federal tax on tobacco products, lars being brought into our Treasury, I serious and very specific. In fact, in they had a 60-percent reduction in chil- paused and thought that we could every State in the Nation it is against dren who were smoking. Kids are price argue—and I will during the course of the law for minors under the age of 18 sensitive; they don’t have all the my remarks—that raising the price of to purchase tobacco products, and yet money in the world, and when the price the product is going to discourage chil- clearly they do on a daily and over- of the product goes up too high, they dren from using it as well as others, whelming basis. So the mere enact- stop using it or reduce their usage. but also the money that is coming in ment of a law has not achieved our Canada is a perfect example. as a part of this bill is going to be in- goal. On the academic front, at the Univer- vested back in America. Why is the McCain bill any different? sity of Illinois, Dr. Frank Chaloupka I would stand by the results of a na- It is different because one important has performed a study in which he has tional referendum on the following facet of this bill is included. It is the surveyed cigarette prices and whether question: Should we increase the Fed- so-called look-back provision. The or not they have any impact on the eral tax on a package of cigarettes, and look-back provision is accountability; percentage of youth smoking. He says: then take a substantial portion of the it is honesty. It says that as the years Based on this research, I estimate that a money raised and put it in medical re- go by we will measure the number of $1.50 increase in the federal cigarette tax, search—send it to the National Insti- teen smokers in America, and if that implemented over three years and main- tutes of Health for research to find percentage does not come down, the to- tained in real, inflation adjusted terms, will cures for cancer, heart disease, AIDS, bacco companies and tobacco industry cut the prevalence of youth smoking in half. juvenile diabetes, Alzheimer’s, and the will be held accountable in terms of The bill sticks to $1.10, and the per- myriad of medical problems that we fees that need to be paid as they miss centage decrease may not be as high or face in this country? I will bet the re- these targets. as dramatic, but clearly it will be a de- sults would be overwhelmingly positive That accountability brings reality to crease. Increasing the cost of the prod- because Americans believe in this in- this debate. We can have the highest uct reduces its usage. vestment. Americans believe that this flying speeches, the most voluminous I find it interesting that my col- bill, in providing money for medical re- rhetoric, and yet we will not achieve league from Missouri talked about the search investment, is money well our goal unless we are specific. Is this so-called cash cow that this $1.10 cre- spent. a matter that should concern us? Con- ates, the billions of dollars brought Smoking cessation programs are part sider this chart for a minute. It is a into the Federal Treasury because of of it, too. I think that is sensible. My troubling commentary on what is hap- this increase in the Federal tobacco father, who was a lifelong smoker, was pening in America. tax. I think this is money that is going a victim of lung cancer and died in his This chart shows the percentage of to be raised for good purposes, to re- early 50s. I saw, even after his diag- high school students who currently duce teen smoking, to invest in medi- nosis, the situation that he faced, the smoke cigarettes. Look at from 1991 to cal research, to invest in smoking ces- craving that he had for this deadly cig- 1997. In every grade, 9th, 10th, 11th and sation, and to help tobacco farmers in arette that had caused him so many 12th, across America, there has been an transition. health problems. I have always had a increase in the percentage of students It is interesting that so many of the sensitivity and a sympathy for smok- who are smoking. In fact, the increase critics of this bill, who argue we need ers who are trying to quit. For some, over the six years has been 30 percent. no tax whatsoever, are anxious to they can just literally walk away from While we have given all these speeches, spend the proceeds from that tax. Ref- it, decide in a minute that tomorrow while we have talked about this prob- erence is made to the marriage pen- they will never smoke another ciga- lem, while the President, the Vice alty, an interesting tax challenge rette. But for others it is virtually a President, the Secretary of Health and which we should take up at some point. lifelong struggle. Human Services, and so many others But the people who are opposed to this The McCain bill puts money into have addressed it, we have, in fact, bill want to take the proceeds from the smoking cessation programs so that seen the children of America ignoring bill and spend them on correcting this smokers nationwide will have the it. They have taken up this habit, and tax anomaly, the so-called marriage means to turn to, to reduce their addic- as they take it up more and more kids tax penalty. They cannot have it both tion to nicotine. My colleague from are vulnerable. ways. You cannot decry this bill as a Tennessee, Senator FRIST, spoke ear- For those who do not think this is a so-called cash cow, raising taxes that lier about the need for medical re- real American family issue, I pose one are unnecessary, and then make all search in this area, for breakthroughs question which I always pose in this sorts of proposals on how to spend it, to stop this addiction. I fully support debate: Have you ever met a mother or and certainly proposals which have lit- him, and I think it should be part of father who came to you at work one tle or no relevance to the question of this effort. We are hopeful these break- morning and with great pride and a whether or not we are addressing the throughs will make it easier for people smile on their face said, ‘‘We have scourge of smoking addiction in this to stop this addiction to nicotine. That great news at home. Our daughter country. is part of this bill. came home last night and she started Let me also speak for a moment to Another provision of the bill protects smoking.’’ I have never heard that. In the Food and Drug Administration. It tobacco farmers and their families. I fact, just the opposite is true. Parents is true that Dr. David Kessler, who is a have never had any crusade against the who suspect their kids have started friend and someone I worked with for tobacco farmers. I understand the dev- smoking are worried. They understand many years, showed extraordinary astation in health that their crop can the danger. They understand the addic- courage, with President Clinton and cause, but I have always felt they de- tion. And they understand better than Vice President GORE, in an initiative to serve a chance to find another liveli- most why this debate is so critically reduce smoking in America. They took hood. This bill gives them that chance. important. a lot of heat for it, because they took That is why I support it. Some argument is made as to wheth- on the tobacco industry and they sug- Let me speak to the amendment be- er or not the increase in the price of to- gested they were going to get serious fore us, the Durbin and DeWine amend- bacco products will reduce usage by about it. They were going to try to ment. It is a look-back provision. children. The Senator from Missouri, view nicotine as the drug that it is. Now, we could give all the speeches who spoke before me, talked about all They were going to try to hold ac- we want to give on the floor of the Sen- sorts of surveys that came to an oppo- countable retailers who were selling to ate and in the Chamber of the House site conclusion. I would point to two children. And they were going to estab- decrying teen addiction to tobacco that confirm the belief in this bill that lish standards across America—for ex- products, addiction to nicotine. We can if you raise the price of the product, ample, asking for identification for the pass all the bills we want saying that children are less likely to use it. purchase of tobacco products. When as a Nation we are going to come to In Canada, just to the north, when they proposed this, their critics went grips with this, and I am afraid we will they imposed a substantial increase in wild: ‘‘Oh, it is overreaching by the June 4, 1998 CONGRESSIONAL RECORD — SENATE S5593

Federal Government. It is just entirely be applied here. Senator DEWINE and I of Minnesota. He hung in there for a too much.’’ Yet they were on the right seek to apply this standard in this situ- long time, and, literally before the jury track, a track which we follow today. ation. We believe—and I hope my col- retired to consider a verdict, he settled Let me try to zero in specifically on leagues will join us in the belief—that the case for over $6 billion for the tax- the Durbin-DeWine amendment. The it is eminently fair for us to hold each payers of Minnesota. That is great fact that this amendment is being de- tobacco company accountable. news for those taxpayers and Attorney bated today has a lot to do with 40 Let us assume, for example, that R.J. General Humphrey. But equally impor- State attorneys general who filed law- Reynolds takes this bill very seriously tant, during the course of his lawsuit suits against the tobacco companies, and says they are going to stop mar- he managed to draw out even more doc- seeking to recover, for their States and keting their product to children, that uments from the tobacco industry. It taxpayers, money that was spent be- they are no longer going to be selling seems that the more and more docu- cause of tobacco products. Last year, Camel cigarettes to kids. They tell mentation we bring out, the more obvi- as a result of the aggregate effort of their retailers: ‘‘Don’t let that pack go ous it is that these tobacco executives these attorneys general, a general over the counter. Don’t sell it to a have been lying to us for decades. They agreement, or settlement, was reached. child. We are very serious about it. Or have, in fact, been targeting kids. Part of that agreement included these we may cut off your access to our prod- We have so many examples. I can’t so-called look-back provisions. The uct.’’ They say to the people who are read them all to you here, but from a agreement said that the tobacco indus- doing the advertising and marketing: 1981 memo, a Philip Morris researcher try was willing to be held accountable ‘‘Get honest about this. Make sure that said: to reduce the percentage of young peo- we don’t advertise around schools. Today’s teenager is tomorrow’s potential regular customer. ple smoking. If they did not reach the Make sure that we don’t have all these goals, they would be penalized. So the promotions with Camel hats and shirts A 1973 Brown & Williamson memo idea of a look-back provision is not and all the rest of it.’’ said: something being foisted on the indus- And let’s say they are successful. Kool has shown little or no growth in share Should that conduct on their part, that of users in the 26-plus age group. Growth is try or something brand new on Capitol from 16 to 25 year olds. . .. Hill; this is an idea that was endorsed positive conduct, be rewarded? Of Remember, at the time, it was illegal by the tobacco companies as part of course it should. In contrast, if Marl- to sell their product to 16-year-olds in their agreement with the State attor- boro and Philip Morris, for example, some States, and, yet, they were mak- neys general. decide they don’t care, they just go on The difference, of course, in the selling as usual, and in fact you see ing it very clear it was part of their marketing strategy. The list just goes DeWine-Durbin approach, is that we kids, more and more kids, turning to on and on of these companies that take this from an industry assessment, their brand, should they be held ac- made conscious marketing decisions to from an industry fee, and say let’s countable for that decision? Why, of sell to children. They knew they had to look, instead, to the specific tobacco course they should. Company-by-com- recruit these kids. If the kids turned companies. Senator MCCAIN of Arizona, pany accountability makes sense. It 18, it was unlikely they would become in his bill, says we should do that for says to the tobacco industry: This is smokers. All of these documents and roughly a third of the penalties in- not just an industry problem, this is a evidence have really made the case. volved. Senator DEWINE and I think it company challenge. Get serious about Our look-back amendment says we should be a larger percentage. Let me it. are going to take this very seriously on explain to you why we think it should I was somewhat amused that the a company-by-company basis. Let me be larger. Richmond, VA, Times-Dispatch yester- address for a moment some of the criti- Consider this for a moment. Some of day came out with a story from the cisms that have been leveled against my critics come to the floor and say it Philip Morris company. For someone this amendment. is impossible for us to measure how who has been battling this issue for a First, if you support the McCain bill, many children smoke how many brands long time, it is hard to imagine, but which has a company-specific payment of cigarettes. In fact, my friend, the Geoffrey Bible, chairman of the Na- in it, then you must necessarily reject Senator from Texas, says it doesn’t tion’s largest tobacco company, told the argument that you cannot assess pass the laugh test, to think that we employees in New York that he has re- on a company-specific basis. McCain would be able to measure how many cently appointed a senior executive to assumes that, I assume it, common underage kids are smoking Camels or ‘‘design more actions’’ to back up the sense dictates that, in fact, the compa- Marlboros or Kools or Virginia Slims. company’s long-held claim that it does nies market their brands to specific Let me suggest to him and others not try to appeal to youngsters. groups and can measure the success of who criticize this amendment, the to- What a great epiphany it must have their marketing and sales. The Durbin- bacco companies have extraordinary been in Richmond, VA, for Philip Mor- DeWine amendment takes the McCain resources and ability to measure the ris to finally realize we are talking premise of the fee assessed on a com- use of their product. If you challenged about them, we are talking about their pany-wide basis and expands it. So for Philip Morris to tell you how many marketing and advertising techniques, supporters of the McCain bill, the Dur- left-handed Latvians smoke Marlboros, and we are talking about the possibil- bin-DeWine amendment is consistent I bet they could come up with the num- ity, if they do not get serious and start with the methodology that is used. ber. If you challenged R.J. Reynolds to reducing sales to youth, that in fact Second, this will not lead to price in- come up with how many tongue-tied they are going to have to pay for it. creases. The Durbin-DeWine amend- Texans use Camels, I’ll bet they could The Durbin-DeWine amendment says ment is just the opposite. Some are ar- come up with the number. Because that payment should be directed at the guing the look-back provision means they market these products and these companies based on their conduct. If the cost of the tobacco product is going brands on a very specific basis. They they are positive and reduce sales to to go up. Well, not necessarily. If, for want to know not only how many they children, they will be rewarded. If they example, in the case that I used, R.J. are selling, but to whom they are sell- ignore this bill and they ignore these Reynolds is doing a good job and they ing them because they have billions of goals and end up selling more to chil- are not assessed a surcharge, but Philip dollars of advertising that they are dren, they should pay a price for it. I Morris is doing a bad job and they are going to focus in, to try to win over don’t think that is unreasonable. assessed, then Philip Morris is going to new groups. I want to salute, incidentally, the have to find a way to absorb that pay- So the suggestion that we cannot State attorneys general who started ment in their cost on the bottom line, measure the number of young people this ball rolling. Some have been criti- because to raise the price of their prod- using certain brands of cigarettes just cal of them. I have not. We would not ucts puts them at a competitive dis- defies common sense. The industry has be here today without their initiative advantage with the people at R.J. Rey- this ability. It has this knowledge. It is and without the progress that they nolds. a sampling technique that is used by made. Particularly, I would like to sa- The Durbin-DeWine amendment is businesses across America, and it can lute Attorney General Skip Humphrey specific in saying any payment that is S5594 CONGRESSIONAL RECORD — SENATE June 4, 1998 assessed is going to be absorbed by the tached to smoking addiction, diseases, able to get around efforts to restrict company in their bottom line. Let me and death. And we have the same tar- electronic advertising; they were able give you an example of the breadth of get in reduction as the original pro- to get around the early warning labels this payment. posed settlement with the States attor- that were passed by the Congress. If a company misses the target by 20 neys general. When our colleague on the other side of percent—in other words, we are saying I hope those who have listened to the Congress, the late Mike Synar, we are going to reduce teen smoking by this debate will understand what we passed legislation to ensure that the so much percent—15 percent, 20 per- are about here. This look-back amend- States would take strong action to en- cent, 30 percent—and it turns out they ment is more than just a technical ap- force the antisales laws to minors, the miss it by 20 percent, by a large mar- proach. It is, in fact, an approach tobacco companies got around that. gin, under our amendment their pay- which requires honesty and account- And the reason is that past policies ment would add up to about 29 cents a ability. The tobacco companies hate never provided a way to hold each indi- pack. It sounds like a lot of money. It this amendment like the devil hates vidual company accountable. is, but don’t forget for a moment that holy water, because this amendment So that is why this legislation is so the tobacco companies’ profit on each holds them accountable and says, ‘‘We very important. I would submit to my package of cigarettes is 40 cents. So don’t want to hear anymore verbiage colleagues—I argued this in the Senate our amendment is not going to drive from you about reducing teen smoking. Commerce Committee when, as the them out of business. It simply is going We want to put it in writing. We want Presiding Officer knows because I of- to tell them their profits are on the to put it on the line. We want you to be fered a similar proposal there as well— line unless they stop selling to chil- held accountable, and you will be held that this is really the key, if you want dren. accountable. And if the Durbin-DeWine to see tobacco companies clean up Some have argued that our surcharge amendment is adopted and you con- their act and do what they have long is too high and will increase costs to $7 tinue to push your product on children said they would do, and that is, stop billion instead of the underlying bill’s and this addiction rate among our kids targeting the youngsters of our coun- $4 billion. That is not accurate, either. continues to grow, you will pay try. The underlying bill is kept at $4 billion through the nose.’’ If you really do not want to change in industry-wide payments, but it also That is hard talk, I know. This is a business as usual, vote against this has company-specific payments as hard subject. We are talking about the amendment. If you think that tobacco well. The Durbin-DeWine amendment No. 1 preventable cause of death in companies will do it on their own, then draws a line and puts an absolute cap America today. That is why this his- you ought to oppose this amendment. at $7 billion in total. toric debate is so important, and that But if you want to change the course of The two approaches—the bill and our is why no other political diversion that history and make sure that we have amendment—have similar aggregates if has been raised on the floor should be the tools to hold the companies ac- the companies miss by large amounts. taken seriously. Let us get about the countable when they again, as they Third, it has been said that this people’s business. Let us do something have done throughout history, look for amendment is punitive—punitive. Our to give our kids a chance to be spared ways to get around this legislation, if approach is not punitive. It reduces the the scourge of addiction to nicotine you really want to get the job done industry-wide payment that applies to and tobacco products. right, then vote for this amendment of- companies that, in fact, reduce their Mr. President, I yield back the re- fered by our colleague from Illinois. youth smoking while other companies mainder of my time, and I suggest the The tobacco companies have spent fail to do so. It increases the sur- absence of a quorum. vast sums in recent months arguing charges on companies that continue to The PRESIDING OFFICER. The that this sort of legislation really isn’t market or sell to kids. That is not pun- clerk will call the roll. needed, that they would take strong ishment, that is accountability. The assistant legislative clerk pro- action on their own and that they have And fourth, as a sign we are not puni- ceeded to call the roll. cleaned up their act from years past. In tive, we have capped the amount that Mr. WYDEN. Mr. President, I ask the Senate Commerce Committee, we can be charged. It has been pointed out unanimous consent that the order for heard that argument. As the Presiding that we require payments of as much the quorum call be rescinded. Officer knows, we heard from all the as $240 million per percentage point, The PRESIDING OFFICER. Without CEOs at that time. Given the fact that but keep in mind, too, that the under- objection, it is so ordered. many of the documents and the ac- lying bill also has provisions in there Mr. WYDEN. Thank you, Mr. Presi- counts of past industry misdeeds were for payments by percentage point. The dent. pretty old, a number of us were in- lifetime social cost of hooking each Mr. President, and colleagues, the clined to say it is a new day. Let us see youth smoker is $400 million. We are single most important step this Con- if the tobacco companies are going to still charging companies less than the gress can take to protect our young- be better corporate citizens. Let’s see if social cost of their continued sales to sters from the tobacco companies that they have cleaned up their act. youth. prey on them is to hold each of those As we prepared for those Commerce I will conclude my time that has companies individually accountable. Committee hearings, Mr. President, I been allotted under the unanimous And that is what the look-back legisla- learned that the Brown & Williamson consent agreement by showing on this tion does that is now before the Sen- Company was again engaging in con- chart what happens under the Durbin- ate. duct that did not really reflect what DeWine amendment as opposed to the I would like to spend just a few min- they and other companies were saying McCain bill. utes talking about why this is such a in the ads that they were running at If companies miss by 5 percent, the critically important amendment in that time about how it is a new day amount they are charged is $240 mil- terms of protecting our children. and they have cleaned up their act. lion under our amendment, and it is History shows, and shows very clear- A brief bit of history for the Senate $190 million in the underlying bill. At ly, that each time the Congress tried to I think would be revealing. 10 percent, you can see the numbers, rein in the tobacco companies in the I participated, as a Member of the and 20 percent as well. past, the tobacco companies would use other body, in the hearings in 1994 The Durbin-DeWine amendment sets their enormous marketing, entre- where the tobacco executives then out to achieve several goals on which I preneurial and public relations skills under oath, told me that nicotine isn’t hope all Senators, regardless of party, to get around those efforts. So this addictive. Of course, they contradicted will agree. We reduce the number of amendment offered by our colleagues, every Surgeon General for decades. But youth smokers by 450,000 over the Senators DURBIN, DEWINE, myself, and there was actually a revelation at that McCain bill. We reduce the number of others, provides an opportunity to lit- hearing that perhaps was equally re- premature deaths by 150,000 with this erally reverse the course of history. markable. At that hearing, it was amendment. We reduce by $2.8 billion Previous efforts were always evaded brought to light that the Brown & the lifetime social costs that are at- by the tobacco companies. They were Williamson Company was genetically June 4, 1998 CONGRESSIONAL RECORD — SENATE S5595 altering tobacco plants to give it an bacco companies fear is accountability. gums, on therapy, on hypnosis, on all added punch as a way to attract smok- They have not been faced with com- of the things that people go through to ers—shocking evidence. And when pany specific accountability when we try to stop. We are spending $1.3 billion brought to light, the Brown & have passed previous legislation—warn- a year in Massachusetts alone. Ex- Williamson Company pledged to the ing labels, advertising restrictions, or trapolate that out across the country— committee, to the country, that they the Synar amendment. They never had it is millions of dollars more than the wouldn’t engage in that kind of con- to face an amendment like this that Federal Government commits to day duct again. would say, look, we are actually going care for our children. The reason this As we prepared for our hearings in to require you to produce results. happens is because people get hooked the Senate Commerce Committee, we I hope our colleagues will, as re- at the early stages. began to hear about news reports that flected by the bipartisan authorship of Now, I want to share with my col- the Brown & Williamson Company was this amendment—our colleagues, Sen- leagues something about getting using genetically altered tobacco, ator DURBIN and Senator DEWINE—will hooked in the early stages. We con- known as Y–1, in cigarettes and selling pass this legislation. It is critically im- tinue to hear colleagues come to the them both here and abroad. So when portant for the youngsters of this floor and say, gosh, this is going to the executives came before the Senate country. It is the one part of this bill raise money in the expense of ciga- Commerce Committee I asked them that will make sure that the job actu- rettes, and that is not a good thing. about this. In their words, the CEO of ally gets done in protecting young- But they never address the amount of the Brown & Williamson Company said, sters, and not allow another piece of money that Americans are spending be- ‘‘We are working off a small stockpile legislation, once again, to be evaded by cause of people who smoke. They never of genetically-altered tobacco, and in the tobacco companies’ genius, their address the tax that cigarettes fact that is being included in cigarettes marketing skills, and the vast sums ‘‘whack’’ every American, even those in our country and around the world.’’ that they will continue to spend with who don’t smoke. Every single house- As many in the Senate know, there is respect to marketing their products. hold in America is spending an un- now a criminal inquiry underway. I yield the floor. wanted, unrequested, undesired 1,300 There have already been those who Mr. KERRY. Mr. President, I thank plus dollars —1,370 or so dollars. Every have pleaded guilty in connection with my colleague from Oregon for his con- household in America spends that, this matter. The Justice Department tinued, persistent, passionate commit- whether they want to or not, on the continues its investigation. ment to trying to pass this legislation. cost of the other Americans who smoke The reason I bring this up is this is a The Senator was referring to the ex- and then get sick. concrete, tangible reason why we need traordinary sums of money that the to- Let me share a story about some the amendment offered by the Senator bacco industry spends. Let me remind Americans who smoke and get sick, a from Illinois. The Senator from Illi- our fellow Americans that amount of commentary in USA Today by Victor nois, our colleague, Senator DURBIN, money is $6.5 billion per year, $16.5 mil- Crawford. The title is ‘‘Tobacco was gives us a chance to reign in a com- lion per day, $700,000 every hour to get Dad’s Life; It Also Took his Life.’’ I pany that engages in that kind of people to smoke. What is most aston- read from the article: rogue action, action that is detrimen- ishing about this effort to get people to My father never had a chance. When he tal to the health of the American peo- smoke is the degree to which it has was growing up in the 1940s, almost everyone ple, and action that, in fact, as re- been targeted at young people, tar- smoked cigarettes. He said it was the thing cently as 4 years ago said they would geted at children. to do. It was not until 1964 that the U.S. Sur- never engage in again. It is an extraordinary story. Nine out geon General declared smoking was harmful. It is one thing to talk about conduct of 10 kids who smoke use one of the But by then, my father had been addicted for that is 20 or 30 years old; it is another three most advertised brands, and yet almost 20 years. His addiction finally killed thing to talk about conduct that stems less than 30 percent of adults use those him last March, one month before his 64th from the 1950s. But it is quite another most advertised brands. A study of 6- birthday. When my father was diagnosed with throat to see a company that makes a pledge year-olds showed that just as many 6- cancer in 1991, some thought he had it com- to the American people that they will year-olds—91 percent of all the 6-year- ing to him. You see, my father was a Mary- stop engaging in a health practice olds in this country—could identify Joe land State senator turned tobacco lobbyist. which is obviously detrimental to chil- Camel just as they could identify He was the first to dismiss the antismoking dren and to our citizens, and then start Mickey Mouse. That is an absolutely people as ‘‘health Nazis’’ but spent the last it again, even while the hot light of the extraordinary statement. years of his life trying to undo the damage Congress is examining their conduct in Now, there is a reverse side of how he had done. He admitted he had lied, and he considering legislation. extraordinary these statistics really apologized for claiming, ‘‘There is no evi- dence that smoking causes cancer.’’ Unfortu- These companies are not going to are, because for every American who nately, tobacco lobbyists understand this change on their own, Mr. President. We smokes there is an American or two simple logic all too well. Like my father, are going to have to hold them ac- who are trying not to smoke. All of most smokers today start when they are countable through legislation. That is them will tell you—or almost all, 86 about 13 years old. And since about 90 per- why this amendment is so very impor- percent to 90 percent of them—they cent of all new smokers are 18 and under, the tant. I will tell my colleagues that I started smoking when they were teen- industry needs to keep hooking kids to stay believe this amendment, in connection agers. Most of them—again, many, in business. with the accountability requirements many, analyses and polls have been I will skip through a little bit, turn- that the President knows we set up in done of this—most of those people who ing to the end: the course of our Commerce Commit- started smoking as teenagers will tell My father said, ‘‘Some of the smartest peo- tee deliberations, is the single most us if they could quit today, they would ple in America work at just one thing: trying important tool for reversing history quit today and never start again. If to figure out how to get young people to and making sure that after this bill is they had the choice to make again, smoke. As tobacco kills off people like me, passed and the tobacco companies try they wouldn’t choose to smoke. But they need replacements.’’ My father didn’t live to see his daughter graduate from col- to get around it, that we will have they smoke because they are addicted. lege; he won’t meet my future wife, nor will some strong tools to rein them in. They are hooked. he walk my sister down the aisle at her up- I know we want to move to a vote on The truth is, in the United States of coming wedding; he will never know his this, but I simply wanted to take a few America we have more people spending grandchildren, and they will never meet minutes of the Senate’s time to say more money to try to get unhooked on their grandfather—all because when he was that I think this is a critically impor- an annual basis than we spend on day 13, smoking was the thing to do. Let’s give tant amendment. It is critically impor- care. That is most extraordinary. I today’s kids a fighting chance. tant for each Senator who really is se- found it hard to believe when I heard Mr. President, that is why we are rious about changing business as usual that. In Massachusetts alone, our citi- here in the U.S. Senate. We have been with respect to tobacco policy. The sin- zens are spending $1.3 billion a year on tied up for more than a week now try- gle most important concept the to- nicotine patches, on different kinds of ing to give kids a fighting chance. S5596 CONGRESSIONAL RECORD — SENATE June 4, 1998 There is only one reason this bill is on Let me read what Dianne Burrows, a our high market penetration among young the floor of the Senate: because every researcher, wrote in a memo for R.J. smokers . . . 15 to 19 years old . . . my own expert in America, including the to- Reynolds in 1984: data, which includes younger teenagers, shows even higher Marlboro market penetra- bacco companies, tells us that if you If younger adults turn away from smoking, tion among 15–17 year olds. raise the price of cigarettes, you will the industry must decline, just as the popu- reduce the number of young people who lation which does not give birth will eventu- This is from a different document, smoke. And if we reduce the number of ally dwindle. Mr. President. This is a Philip Morris young people who smoke now, we will In the same memo, it says: internal document in 1987. This came reduce the 420,000 Americans who die Younger adult smokers have been the criti- from the Minnesota case. This was an every year as a result of a smoking-re- cal factor in the growth and decline of every exhibit in the Minnesota trial. This lated disease, such as cancer of the major brand and company over the last 50 may explain one of the reasons that years. They will continue to be just as im- pancreas, cancer of the larynx, cancer Minnesota finally reached a settle- portant to brands/companies in the future ment. of the throat—one cancer or another— for two simple reasons: the renewal of the and heart disease and liver disease. You may recall from the article I sent you market stems almost entirely from 18-year- that Jeffrey Harris of MIT calculated . . . The Presiding Officer understands old smokers. No more than 5 percent of the 1982–1983 round of price increases caused better than anybody, as a practicing smokers start after the age of 24. two million adults to quit smoking and pre- physician and one who has been a key That is an R.J. Reynolds research vented 600,000 teenagers from starting to architect in helping to get this bill in memorandum, telling us that people smoke. Those teenagers are now 18–21 years a position to pass it, that this bill is don’t start smoking after age 24. They old, and since about 70 percent of 18–20 year- about stopping kids from smoking and targeted young people and got them olds and 35 percent of older smokers smoke a reducing the costs to America, the hooked with a narcotic killer sub- PM brand, this means that 700,000 of those costs to families, the unwanted, stance. adult quitters had been PM smokers and 420,000 of the non-starters would have been unrequested costs of smoking. Families Brands/companies which fail to attract PM smokers. Thus, if Harris is right, we were who result with a disease that comes their fair share of younger adult smokers hit disproportionately hard. face an uphill battle. from smoking wind up paying tens of Here is the kicker: ‘‘We don’t need thousands of dollars more in health in- Younger adult smokers are the only source of replacement smokers. this to happen again.’’ surance. But the impact for those peo- In other words, we don’t need to lose ple who don’t have insurance, or ade- So kill them off and replace them. Kill them off and replace them. That is these smokers again. We have to find a quate insurance, is to raise the insur- way to penetrate—that, and the young ance costs for everybody in America, the way it has been. This is a Brown & Williamson memo people. But the most important thing raise the costs of all of our hospitals, is they found that their price increase raise the costs for families who can ill from consultants recommending that the company consider Coca-Cola or caused 2 million adults to quit, and it afford it. prevented 600,000 teenagers from start- Mr. President, this is the first oppor- other sweet-flavored cigarettes. The 1972 memo says: ing to smoke. tunity the U.S. Senate has had to ad- That is a cigarette industry docu- dress an extraordinary history. I want It’s a well-known fact that teenagers like sweet products. Honey might be considered. ment. For those Senators who keep to share that history with my col- coming to the floor saying, ‘‘Why are leagues. It is now known that the to- They were talking about a way to try to sweeten cigarettes and get more we raising this price?’’ all they have to bacco industry helped to create this do is read the cigarette companies that mess by targeting young people, by young people hooked. Another Brown & Williamson memo they are inadvertently, or otherwise, creating replacement smokers. Many said: protecting on the floor by not voting of my colleagues may not have had an for this legislation, because the ciga- opportunity to focus precisely on the Kool has shown little or no growth in share of users in the 26 [plus] age group . . . rette companies themselves will tell degree to which that has been true and Growth is from 16–25 year olds. At the you, raise the price and they lose busi- the degree to which, therefore, this ef- present rate, a smoker in the 16–24 year age ness. That is precisely why people fort to try to raise the price of ciga- group will soon be three times as important agreed on a volume adjustment in the rettes and create a series of efforts to to Kool as a prospect in any other broad age process of arriving at how much money prevent young people from smoking category. is going to be gained over the course of through cessation programs, Let me share a Philip Morris docu- the life of this legislation. counteradvertising, and other efforts, ment with you. We are going to spread Let me read from a different Philip is so important. this around. We have had some from Morris memo. In 1975, the R.J. Reynolds company, R.J. Reynolds and Brown & The teenage years are also important be- in a memorandum, wrote the following: Williamson. This is from a report sent cause those are the years during which most To ensure increased and longer-term from researcher Myron E. Johnson to smokers begin to smoke, the years in which growth for Camel filter, the brand must in- Robert B. Seligman, then vice presi- initial brand selections are made, and the pe- crease its share penetration among the 14–24 dent of research and development, in riod in the life cycle in which conformity to age group, which have a new set of more lib- 1981: peer group norms is greatest. eral values and which represent tomorrow’s We will no longer be able to rely on a rap- Mr. President, here we have an ad- cigarette business. idly increasing pool of teenagers from which mission by Philip Morris of what ev- That is the R.J. Reynolds company to replace smokers through lost normal at- erybody has known—that they are ac- talking about targeting the 14- to 24- trition . . . Because of our high share of the tually targeting the peer group which year-old age group because they are market among the youngest smokers, Philip they know to be the most susceptible ‘‘tomorrow’s cigarette business.’’ Morris will suffer more than the other com- to exactly the kind of advertising that panies from the decline in the number of they geared up. They represent tomorrow’s cigarette busi- teenage smokers. ness. As this 14–24 age group matures, they The teenage years are also important be- will account for a key share of the total cig- So here you have Philip Morris, par- cause those are the years during which most arette volume for at least the next 25 years. ticularly, concerned about the loss be- smokers begin to smoke . . . the period in That is an R.J. Reynolds tobacco tween different companies, targeting the life cycle in which conformity to peer company executive, a vice president for teenagers. group norms is the greatest. This from the same report of Philip marketing, C.A. Tucker, on September That is extraordinary. Morris: 30, 1974. So the cigarette companies willfully Let me read what Mr. C.A. Tucker Today’s teenager is tomorrow’s potential played on the time period of greatest regular customer . . . The smoking patterns also said: peer group pressure and played to the of teenagers are particularly important to peer group pressure. So it is today that This suggests slow market share erosion Philip Morris . . . the share index is highest we can hear from people who are in for us in the years to come unless the situa- in the youngest group for all Marlboro and tion is corrected . . . Our strategy becomes Virginia Slims packings. wheelchairs who have lung transplants clear for our established brands: 1. Direct ad- Marlboro’s phenomenal growth rate in the like Pam Lafland, who I quoted a few vertising appeal to the younger smokers. past has been attributable in large part to days ago, who tells a story today of her June 4, 1998 CONGRESSIONAL RECORD — SENATE S5597 starting, as just that kind of peer they agreed to pay amounts of money, date. This is left largely for the States group pressure person who responded they agreed to curb advertising, they to be able to decide what works for to the notion, ‘‘Oh, boy. If I smoke a agreed to engage in cessation pro- them best and how they will organize cigarette, I am going to look older.’’ grams, and they agreed to raise the their efforts. We have simply tried to Today she looks a lot older. Today she price of cigarettes—all of the things outline those areas that by most expert is trying to take care of her kids out of that we are seeking to do here in this judgments there is the greatest chance a wheelchair. legislation. There is no excuse for a of really having an impact on children Mr. President, that is what this is all U.S. Senator coming to the floor and and making a difference in their lives. about. Let me read from a different suggesting that we shouldn’t do at a So those outlines have been laid out R.J. Reynolds Tobacco Co. marketing national level in the U.S. Senate what as a menu, if you will, from which one report on the future of Winston. This is the cigarette companies themselves could choose at the State level. It is 1990—15 years ago already of reports have agreed to do in settlements with not insignificant that the Governors, that we are looking at. the States—no excuse. The States both Republican and Democrat alike, themselves have arrived at settle- Winston, of course, faces one unique chal- have signed off on that concept. If they lenge . . . . It’s what we have been calling ments. If you extrapolate the amount are content that they can exercise the ‘doomsday scenario’. of money that they are paying in those their judgment adequately and that Get this, the ‘‘doomsday scenario.’’ settlements, it is more than the U.S. this gives them an opportunity to be . . . an acute deficiency of young adult Senate has agreed in its denial of a able to continue the things that they smokers, apparently implying Marlboro’s $1.50 increase and more than it has have started, I think that ought to sat- final domination and our utter demise with- agreed to raise in total in this legisla- in a generation.’’ tion. isfy the judgment of those who often The ‘‘doomsday scenario’’—that they So this is not a matter of economic make a career out of fending for the are not going to get enough young peo- survival for those companies. This is a right of States to make those decisions ple hooked on Marlboros, and down question of whether or not we are and a career out of opposing the Fed- they go. going to engage in an effort to reduce eral Government’s heavy hand into Here is a 1969 draft report from the the access of our young people to ciga- something. This bill specifically, I Philip Morris board of directors: rettes. That is what this is about. think, appeals to both of those best op- Smoking a cigarette for the beginner is a I have heard some people complain, tions. I hope my colleagues will recog- symbolic act . .. . ‘I am no longer my moth- ‘‘Well, you know, it is one thing to nize that upon close analysis. er’s child, I am tough, I am an adventurer, raise the money but we ought to do the Mr. President, I simply wanted to I’m not square’ . . . . As the force . . . right thing with the money.’’ Then refocus the Senate on the critical com- This is really. they start coming and diverting the ponent of what brings us here. I think * * * As the force from the psychological money to a whole lot of things that we have, hopefully, finally arrived at symbolism subsides, the pharmacological ef- have nothing to do with stopping kids an assessment that there is only one fect takes over to sustain the habit * ** from smoking. reason for raising the price of ciga- Mr. President, that is one of the most It is going to take more than just a rettes. That reason did not initiate remarkable admissions from a com- price increase to be successful in our itself in the Senate. It came from the pany that we have had in this entire goals. We need to guarantee that kids tobacco companies themselves, from debate. I want to rephrase it. who are particularly vulnerable—kids economists, from experts. It came from What they are saying is that after who have difficult situations at home health experts, and it came from many they have abused a young person’s sus- or kids who may leave school at 2 focus groups and analyses, all of which ceptibility to peer pressure, after they o’clock in the afternoon for whom have arrived at the conclusion that have exploited this young person’s there is no adult supervision between price is important. availability to get them into smoking, the hours of 2 o’clock and 6 or 7 in the they acknowledged in 1969 that once evening—are not going to be left to Now, I thought, frankly, that Adam the psychological symbolism is gone, it their own devices in order to go out in Smith and others had arrived at that is the pharmacological effect that sus- the streets and meet a drug dealer, or conclusion a long, long time ago. I tains the habit. In other words, they subject themselves to the various peer think most people in the marketplace are hooked. They are addicted. They pressures and wind up with smoking as have always known that most commod- got to have it. a new habit. ities are price sensitive, and the mar- Here is a Lorillard executive in 1978: Mr. President, we have the oppor- ketplace is price sensitive. Indeed, the ‘‘The base of our business is the high- tunity here to be able to make a dif- tobacco companies have underscored school student.’’ ference in the availability of kids to that in their own memoranda which Mr. President, there are pages and that kind of free time. We have the op- say they lost smokers as a result of pages of the thoughts of the cigarette portunity to be able to provide ces- their earlier price increases. What hap- companies regarding their availability sation programs, which have been prov- pened before will happen again. The to cigarettes, all of which are the most en to work. California, Arizona, my question is whether we are going to profound fundamental documentation own State of Massachusetts, have ex- maximize our effort in order to guaran- and for which the U.S. Senate must emplary programs which are reducing tee that kids get a lot more than just pass this legislation in the next days. the level of teenagers who are smoking, the price increase, that they get the There is no room for excuses in the and they do it through various kinds of kinds of guidance and the kinds of per- face of the cigarette companies’ own education—outreach, peer groups—dif- sonal counseling and the kinds of per- acknowledgments of what they have ferent kinds of educational efforts sonal education that will make a dif- done to target generation after genera- within the classrooms and within the ference in the peer pressure, symbolic tion of Americans in order to get them schools. But we need to train people in side of the choice that so many have hooked on a substance that is a drug, that. We need to train teenagers. You made. And this ultimately will benefit that is addictive and a killer substance need the adequate development of every single American. If we are going which winds up costing Americans in- teachers to be able to conduct that to talk about the cost, let us talk creasing amounts of money. costing kind of pedagogy with which they may about the cost to all of America of Americans increasing amounts of not be familiar. And you need to have smoking—the cost through all of our money. an adequate supply of materials. You hospitals, our pulmonary wards, Mr. President, we have that oppor- need to be able to help organize it ad- through emphysema, the length of ex- tunity here. We have the opportunity ministratively. traordinary care and its cost for those to do precisely what the cigarette com- I think this bill is structured in a who have terminal illnesses as a con- panies themselves have now agreed to way that tries to afford the maximum sequence of smoking and the con- do. They settled of their own accord opportunity to States and local com- sequences to all other Americans who with a number of different States. And munities to be able to decide how to do choose not to smoke but because of in their settlements with those States, that. This is not some big Federal man- secondary smoke. S5598 CONGRESSIONAL RECORD — SENATE June 4, 1998 Mr. President, I suggest the absence Texans that the tobacco companies one thing. But why do we have to keep of a quorum. have conspired to addict to nicotine the $700 billion? Why do we have to Mr. GRAMM addressed the Chair. are going to have taxes imposed on raise the level of Federal taxes on The PRESIDING OFFICER. Will the them under this bill. A blue-collar fam- Americans making less than $10,000 a Senator withhold? ily, a husband who is a truck driver year by 41.2 percent? If the objective is Mr. KERRY. No. and a wife who is a waitress, will end to make cigarettes more expensive and The PRESIDING OFFICER. The up paying $2,030 of new Federal taxes if discourage smoking, why do we have to clerk will call the roll. they smoke one pack of cigarettes each impoverish blue-collar America in the The bill clerk proceeded to call the a day. So we are damning the tobacco process? roll. companies but we are impoverishing What I am saying is, if we believe Mr. GRAMM. Mr. President, I ask the victims of the tobacco companies. that raising prices will discourage unanimous consent that the order for As my 85-year-old mother, who smoking, let’s raise prices. But let’s the quorum call be rescinded. speaks with the wisdom that comes take at least part of the money that The PRESIDING OFFICER. Without from being 85 years old, has said to me, comes to the Government, and instead objection, it is so ordered. ‘‘I’m a little bit confused; you tell me of paying tobacco farmers $21,000 an Mr. GRAMM. Mr. President, I ask that this guy Joe Camel makes me acre and letting them go on growing unanimous consent that we proceed smoke and that I am a victim, but you tobacco; instead of paying plaintiffs’ under the current status quo, that turn around and tax me.’’ attorneys $100,000 an hour for filing Members be recognized for the purpose Mr. KERRY. Will the Senator yield these suits; instead of setting up pro- of debate only, until 2:15. for a question? grams where every major Democratic The PRESIDING OFFICER (Mr. Mr. GRAMM. I listened to the Sen- contributor will have his charity or his SMITH of Oregon). Is there objection? ator speak for over an hour. All I want interest funded by this program, why Without objection, it is so ordered. to do is make my point, and when I get don’t we raise the price of cigarettes, Mr. GRAMM. Mr. President, I am not to the end of it, I will yield. discourage smoking, and take the going to give a long speech this after- So with the wisdom that comes from money and give tax cuts to blue-collar noon. We are working to develop a being 85 years of age, my mother, who America so we are discouraging them compromise to provide some cushion to has no formal education, has listened from smoking, but we are not pounding basically blue-collar Americans who to this debate. She has listened to this them into poverty? are going to bear the brunt of this mas- vilification of the tobacco industry— Maybe you can be self-righteous sive tax increase that is before the Sen- and justifiable vilification I might add. enough that you are not worried about ate. I am hoping that we can reach an Yet she has figured out that nobody is a blue-collar couple in Texas paying agreement, and that we will move for- taxing tobacco companies, they are $2,030 of additional Federal taxes if ward in an orderly way. Let me say to taxing her. She is the victim. The Gov- they smoke one pack of cigarettes a my colleagues that I am determined to ernment is here to help my mother. day. Maybe you are not worried about see that we do not allow the Senate to And how are we going to help her? Hav- what that is going to do to their abil- engage in one of the greatest bait-and- ing been addicted to smoking for 65 ity to pay their rent, to pay their gro- switch legislative activities in history. years, and despite her baby son’s ef- ceries, to have any chance of saving Our dear colleague from Massachu- forts for 55 of those 65 to get her to money to send their child to college. setts has in passionate terms indicted stop smoking she is addicted, and she But I am worried about it. I am not in the tobacco industry. If this is a trial is not going to quit smoking. She has any way made to feel better by damn- of the tobacco industry, I vote guilty. concluded that we are talking about ing the tobacco companies while writ- If this is a lynching, I say hang them. how bad tobacco companies are for ing a bill that protects them from pay- But I want to remind my colleagues of having gotten her addicted to smoking, ing this tax; a bill that mandates they one unhappy fact. And facts are stub- but we are taxing her. The cold, per- pass the tax through to the consumer, born things. The cold reality of the bill sistent, unhappy fact is that 59.1 per- which basically is blue-collar America. we have before us, all 753 pages of it, is cent of these taxes will be paid by I have an amendment that is very that we can damn the tobacco compa- working blue-collar Americans who simple. It says: Raise the price of ciga- nies all we want, and I join in that cho- make less than $30,000 a year; 75 per- rettes, discourage smoking, but instead rus. As to where conspiracies have been cent of the taxes will be paid by people of letting the Government have this committed, we have a Justice Depart- and families that make less than money, what one office seeker in my ment which is largely unemployed in $50,000 a year. State has called ‘‘winning the lottery’’, any other activity, let them inves- If this is not a classic case of bait and instead of setting up a program that tigate and prosecute. But I want to be switch, I never heard one. All of the gives not thousands, not millions, but sure everybody understands that no- rhetoric is about keeping teenagers untold billions to everything from body is talking about penalizing the to- from smoking. I would love to do that. community action to international bacco companies. I would like to get people who are not smoking cessation—it is obvious that What we hear day after day after day teenagers to also stop smoking. I would people long since ran out of ideas as to is a steady drumbeat of denouncing the love to do that. But why we have to how to spend the money—instead of en- tobacco companies while we have 753 give $700 billion to the Government to gaging in this feeding frenzy, which pages in this bill that raise taxes on do that, I don’t understand. I am strug- will bloat Government forever, why blue-collar America. In fact, we have a gling, opposing this organized effort don’t we take some of the money and bill before us that not only does not and all of these people who are outside give it back to moderate-income peo- tax tobacco companies but has the ex- with their buttons on saying ‘‘Give me ple. So we raise the price of cigarettes, traordinary provision that makes it il- your money.’’ we discourage them from smoking, but legal for them not to pass the tax Secretary Shalala has said that the we don’t impoverish them? through to the consumer. So tobacco price increases will reduce smoking by I have picked probably the worst fea- companies are held harmless. 50 percent among teenagers. This bill ture of the current Tax Code to try to What we have here is a giant bait and sets a target of reducing smoking by 60 fix as a part of this process. What I switch. The bait is tobacco companies. percent, so they are going to take $700 have done is targeted a part of the Tax Try them. Convict them. Hang them. billion and all they claim they are Code where it is the policy of the Fed- But the switch is to impose $700 billion going to be able to do with it is reduce eral Government to discourage people of taxes primarily on blue-collar Amer- smoking another 10 percent. Though it who fall in love from getting married. icans; 59.1 percent of this tax will be is interesting, when USA Today asked I happen to believe the family is the paid for by Americans who make less the American people in a poll if they strongest institution for human happi- than $30,000 a year. In my State, 3.1 believed this bill would stop people ness and progress that has ever been million people smoke. As you listen to from smoking, 70 percent said no. developed. I don’t understand a tax pol- all of this ringing debate, we are talk- Here is my point: If we want to raise icy that says if you have a waitress and ing about these victims. The 3.1 million taxes to discourage smoking, that is a truck driver who meet and fall in June 4, 1998 CONGRESSIONAL RECORD — SENATE S5599 love and get married, we are going to In any case, the point that I want to rettes but we don’t impoverish blue- make them pay more taxes for being reiterate, because it gets lost in this collar America by making it fund the married than if they were single or whole process, is a simple point: Every- largest growth in Government that we lived in sin. Or if a CPA and a lawyer, thing that is being said about the to- have seen since the mid-1960s. working all the way up and down the bacco companies I agree with. If we are I hope my colleagues will support income structure, fall in love, get mar- here to indict them, they are indicted. this amendment. One way or the other, ried and have a whole bunch of children If we are here to convict them, they I hope to see it adopted. I want to get who can pay Social Security taxes in are convicted. If we are here to hang a vote on it. I want America to know the future and solve America’s prob- them, let the hanging begin. But de- who is for it and who is against it. That lems in the future, we tax them an av- spite all that rhetoric, which is inter- is the essence of democracy—account- erage of $1,400 a couple because they esting and appealing and it makes us ability. I think this is an issue on got married. As my colleagues have feel good, in the end, 59.1 percent of which we need some accountability. heard me say on many occasions, my this tax is being paid by American Quite frankly, I think my amend- wife is worth $1,400, and I would be blue-collar workers who make less ment improves this bill. We ought to be willing to pay it, but I think she ought than $30,000 a year. giving about 75 or 80 percent of the to get the money and not the Govern- The tobacco companies, on the other money back in tax cuts. We need to ment. hand, have a provision that even if one have an effective but reasonable pro- So what my amendment does is take tobacco company should say, ‘‘Well, I gram for antismoking, and we need to roughly a third of this money in the could get a market advantage by not throw out about 745 pages of this 753- first 5 years, and then half of it in the passing this through,’’ they have legal page bill so that it is really about second 5 years, letting them spend two- protection that makes them pass it smoking and not about the largest thirds of this money, more money than through to be sure the blue-collar money grab that has occurred in Con- you would possibly spend efficiently if worker gets all of the tax burden and gress in my period of service. your life depended on it. People who that none of it is absorbed by the to- This amendment is a first step in the would have been happy with thousands bacco companies. right direction. I hope it is not the last now will be given billions. Tobacco All I am trying to do is say this: step. I understand there are others who farmers will, in 6 months, take a quota Don’t get blue-collar Americans, who are going to be offering provisions re- for growing tobacco they could buy are the victims of the effort by tobacco lated to tax breaks for health care and today for $3,500, and we are going to companies to get people to start smok- other items, but this is a logical place pay them over $21,000 for it in this bill. ing, confused with tobacco companies. to start, and it is where I want to start. Mr. President, I yield the floor. I personally don’t know why these If you want to impose taxes on tobacco Mr. KERRY addressed the Chair. quota prices have not exploded, given companies, have at it. If you want to The PRESIDING OFFICER. The Sen- this bill is out there. Maybe they fig- drive them out of business, have at it. ator from Massachusetts. ured out this bill is not necessarily But you are not going to do that, be- Mr. KERRY. Mr. President, I was en- going to become law. Rather than do cause basically there is a rule that tertained listening to my friend from all of those things, I am saying, let’s every parasite learns. If the organism Texas, who makes some pretty broad raise the price of cigarettes so we try is to survive, you don’t kill the crea- statements about who is for what and to discourage people from smoking— ture on which you engage in the para- who supports what. I think I heard him which is God’s work; I am for that site activity. You bleed the host crea- just say Democrats don’t really want —but take a third of the money and in- ture, but not to the last drop of blood. to give the money back but the Repub- stead of letting Government spend it, My view is, I care nothing about the licans do. Maybe he wishes that were let’s eliminate this marriage penalty tobacco companies and, if you want to the fact, and sometimes the wish is the for couples who make less than $50,000 destroy them, have at it. But I do care father to the fact, but not in this case. a year so that while the price of ciga- about 3.1 million Texans who smoke. As far as I know, Democrats are rettes goes up, we don’t impoverish Many of them would like to stop. My wholeheartedly in favor of a fairness people. mother would like to quit smoking, but that has escaped every single proposal That is basically what my amend- she is not going to quit smoking. that the Senator from Texas has ever ment does. I hope my colleagues are All I am saying is, don’t get tobacco brought to the floor with respect to going to support it. Our Democrat col- companies and workers confused. And I taxes. There isn’t one tax proposal that leagues do not really want to give this am talking about taxpayers. If the has passed the U.S. Senate in the 14 money back. They don’t like giving price increase, according to Secretary years I have been here that wasn’t pro- money back. They like spending it. Shalala, is going to cut consumption posed on the Republican side of the And they think anybody who works is by 50 percent and the target of this bill aisle that wasn’t made fairer by the ef- rich and they ought to be giving more is to cut consumption by 60 percent, forts of Democrats on this side of the than they are giving. then this $700 billion is getting you 10 aisle. There isn’t one tax proposal that But their idea is: Take my amend- percent more, supposedly. I just don’t the Senator from Texas and others ment and water it down to almost see how you can spend that much have brought to the floor—not one— nothing, and then get all their people money. that wasn’t geared to the upper-income to vote against my amendment. Then If you look at what is being done, it level of people in this country, and usu- get them to come back and vote for is clear that much of what is being ally at the expense of the low-income their figleaf, amendment. Then they funded in this bill has nothing to do level of people. can all go home and say, ‘‘Repeal the with smoking. For example, we man- My friend from Texas may wish it marriage penalty? I was for repealing date that the States spend the money were otherwise, but the fact is that the the marriage penalty; it is just I didn’t we give back to them on maternal and distinction is not whether or not we want to do it the way that Republicans child care block grants, on funding want to give money back, the distinc- wanted to do it. But I am with the fam- child care, on federally-funded child tion is whom we want to give it back ily. I’m with the blue-collar worker. I welfare, on the Department of Edu- to and whom they want to give it to in represent the blue-collar worker.’’ cation Dwight D. Eisenhower Profes- the first place. I am hopeful we can reach an agree- sional Development Program under Every single tax bill I have ever seen ment that will guarantee that I will title II of the Elementary and Second- worked on here, whether it was the get 51 votes for my amendment. If any- ary Act, and it goes on and on and on capital gains distribution, or how it body wants to watch the debate, once and on, because nobody has ever had came in, or the depreciation allow- it goes over 51 votes, I predict that at this much money before to spend. ances, or just on the income tax, or on least 20 or 25 percent of our colleagues Actually, this is a modest proposal. efforts to roll back some of the impact who have not voted for it will imme- What I am saying is, give a third of of the payroll tax—in every single in- diately rush and vote for it once it is what we take in cigarette taxes back stance, we, I think, have been able to adopted. We might watch that at the to blue-collar workers so we get the improve the distribution. Let me give a conclusion of this vote. benefits of the higher price of ciga- classic example. S5600 CONGRESSIONAL RECORD — SENATE June 4, 1998 In the agreement we reached last penalty, yes, it is about one-third in counteradvertising to stop kids from year, with much ballyhoo, on the budg- the first year—in the first 5 years. But smoking. et, which brought us to the point of a in the second 5 years, it jumps up to $82 So we can go home and feel good be- balanced budget and on the available billion, which is 53 percent; in the next cause we took the tobacco bill, which money for individuals earning $40,000 5 years, because we are talking about a is geared to try to stop kids from or less, under the proposal that the bill that works over 25 years—they are smoking, for which the Senator has Senator from Texas supported and our always coming to the floor and telling agreed the price increase is targeted, friends on the other side of the aisle you it is a $700 billion bill or a $600 bil- and you turn out passing the marriage supported, a single-parent mother lion bill or a $500 billion bill, so when penalty. If you take too much of it, would have gotten zero income back, it is convenient for them, they talk you begin to strip away at the ability zero tax rebate, at $40,000 or less of in- about the numbers in the context of 25 to accomplish the purpose of the bill. come. And it was only when we refused years; but when it is inconvenient for I am prepared, as I know other Demo- to pass that legislation without chang- them and it tells another side of the crats are, to vote for a legitimate ing it that she got something. In the story, they try to limit it to just 5 amount of money so that we can parcel end, we passed legislation which pro- years. Let us put it in the same con- the appropriate proportion of these vided that single parent with an in- text as the 25 years they are talking revenues to the job of reducing the come of $40,000 with $1,000 of tax bene- about. number of kids who smoke. But I think fit rebate. In that 25-year context, Mr. Presi- there is a place where common sense The distinction here is who gets dent, here is the effect: The first 5 says you have to stop if it goes too far what, and that will be the distinction years, it is the one-third the Senator in stripping us from the fundamental in an alternative we will offer, if we talked about. In the next 5 years, it is purpose of this bill itself. have to, with respect to the marriage 53 percent. Wow. In the third 5 years, it I also point out that there are other penalty, because we understand, just as is 80 percent of the amount of money areas that will want to compete for well as the Senator from Texas, that available under this legislation. And in some of this funding. I think it is im- the marriage penalty is unfair, the the last two sets of 5 years, it is 77 per- portant for Senators to think about the marriage penalty is an aberration in cent and 73 percent. overall amount of money that would be the context of the Tax Code, and has a So the Senator is really talking available for those purposes. negative impact on an institution that about gutting—gutting—the effort to The final comment I make is the we respect equally with the Republican stop kids from smoking. And every Senator from Texas spent a lot of time Party. time he comes to the floor he talks saying how this bill is misdirected. He So we will offer, I think, in fact a about all the things this bill does that is crying for the poor people who are fairer and better structuring of an is Government. Well, by gosh, a ces- going to pay for an additional cost of a elimination of the marriage penalty, sation program involves somebody or- pack of cigarettes. He says how mis- and we will give the Senate another op- ganizing people to help people not to directed this bill is because it comes portunity to vote on fairness. You can smoke. And since schools are where down on the victims, and not on the to- vote for Senator GRAMM’s proposal, most of our children reside for the bet- bacco companies. But then he says he which will benefit not as many people ter part of a day or a good part of a is willing to raise the price. at a lower income level as ours; and we day, and the better part of a year, it You cannot have it both ways, Mr. will let others be the judge as to makes sense to involve our schools in President. You just cannot have it both whether ours is, in fact, a fig leaf or cessation programs. To do that, you ways. There is no way to focus a tax on yet another Democrat effort to make have to spend a little money and orga- the tobacco companies, whatever you the Tax Code fairer and to protect peo- nize it. call it. I heard him the other day call ple in the institution of marriage. I State block grants—that has been it a ‘‘windfall profits tax.’’ No matter know where my vote will go. I know something that I always thought the what you call it, if you tax them, you what I will be comfortable with based Republicans were for; they want block tell me a company in the United States on that judgment. grants. They want to give the money to of America which winds up with addi- So, Mr. President, the real issue here the Governors. ‘‘Let the States have a tional costs of manufacturing a prod- is, What is the distribution? The Sen- decision as to what they want to do.’’ uct that does not, unless they just eat ator from Texas stood there and said, As to education and prevention, smok- them—and nobody expects the tobacco ‘‘All I want is one-third, just one-third. ing prevention, counteradvertising, companies to do that—that does not And then they’ll have plenty of money those are important aspects. Enforce- pass it off in the cost of doing business. to spend on all the other programs that ment, there is $500 to $600 million a The cost of the product will rise. they want.’’ Well, analyze that and you year for enforcement. But by doing this in the way that find that is not true either. Because We hear people coming to the floor this bill seeks to do it, by setting a fee the Senator from Texas cannot control and saying in one breath, they do not that is levied at the level of manufac- what other amendment may come that want to have this bill passed because it turing, you actually have a far more ef- may try to grab additional revenue. will increase smuggling; in the next fective way of constraining the smug- So the first grab may be the mar- breath they do not want to acknowl- gling of, of creating accountability in riage penalty, but then you may have— edge the very Government they are the system; and ultimately you wind you will have an additional amount of criticizing that is spending money for up doing the very same thing that money for drugs; you will have an addi- antismuggling enforcement efforts. would happen under any other cir- tional amount of money here or there; So, Mr. President, it seems to me cumstances, which is the tobacco com- and unless the Senator from Texas is that on close analysis we will be able panies are going to pass it on to the prepared to say he and his colleagues to make a strong judgment as to consumer. will stop trying to raid the effort to whether or not there is a fairness in In the end, there is a benefit from stop children from smoking, we would the marriage penalty approach of the raising the price. The benefit out- be hard pressed to say that it is only Senator from Texas, or whether it is weighs whatever crocodile tears we are one-third of the money. just an effort to try to kill this bill. hearing shed for those who are going to But there is another reason that one I am for getting rid of the marriage pay the additional cost of the ciga- is hard pressed to say that it is only penalty, and I will vote to find a way rette. First of all, it is voluntary. No- one-third of the money. Because, once to do that. But it makes sense, it body forces them. They buy it. Sec- again, the Senator from Texas has only seems to me, to recognize that even if ondly, it is a smaller amount in total told you part of the story. Here is the we pass getting rid of the marriage than the amount that people are pay- part of the story the Senator from penalty on this bill, that is not going ing anyway. Then the costs to our soci- Texas did not want to tell you. It is to stop one kid from smoking; that is ety as a whole, which will be reduced right here. The one-third of the dis- not going to do one thing for additional by accomplishing what the cigarette tribution of the Senator’s money on his research into why people get addicted; companies themselves have said will approach to dealing with the marriage it is not going to do one thing for occur, which is if you raise the price, June 4, 1998 CONGRESSIONAL RECORD — SENATE S5601 you will reduce the number of kids who 2 months leading up to the Tiananmen state guesthouse. By then the order to ‘‘go are smoking, you will ultimately re- Square massacre and the events that ahead at any cost’’ and to shoot at anyone duce the numbers of people who are ad- night. I have taken only a few excerpts obstructing the soldiers’ path had been from that, but I think it will help us to given. Before soldiers had even arrived at the dicted and you will significantly re- giant barricade constructed out of articu- duce the costs overall. put into perspective the sacrifices that lated city buses, large earthmoving trucks, So America has a choice. You can re- were made, the tragedy that occurred, commandeered minivans, and tons of urban duce the costs, reduce the number of and I think the tragedy of American detritus, the first wounded were being rushed kids who are addicted, reduce the num- foreign policy which today ignores that on bicycle carts to hospitals. As troops ap- ber of our fellow Americans who die, it was, in fact, Jiang Zemin, mayor of proached the bridge, someone torched the reduce the overall costs to our hos- Shanghai at the time, who said that fuel tank of a bus, turning the barricade into a raging wall of fire. The column had no pitals and ultimately wind up with a there should not be one ounce of for- giveness shown to those student pro- choice but to halt. With Gallic flair, Pierre better and healthier society as a con- Hurel, a French journalist writing for Paris sequence of that, or you can take the testers who dared raise the voice of dis- Match, described the scene: alternative route, which is the only al- sent, who dared to speak for freedom ‘‘In front of the flaming barricade, facing ternative to what the Senator is say- and democracy in China. So I will read the soldiers alone, four students with their ing, and vote to leave it the way it is from ‘‘Mandate of Heaven: The Legacy feet planted wide apart make the heavy air and let the tobacco companies continue of Tiananmen Square’’: snap with the sound of the waving scarlet Although a palpable sense of foreboding banners. In an unbelievable gesture of defi- to addict the next generation without hung over the Square, few could bring them- ance, they are naked martyrs before a sea of making a legitimate effort. I think the selves to believe that the People’s Liberation soldiers in brown combat helmets and tense case ought to be very, very clear. Army might actually harm ‘‘the people.’’ with anger. The silk of their university ban- COSPONSORSHIP OF AMENDMENT NO. 2446 Not even under the vindictive Gang of Four ners gleams in the fire’s light, and behind Mr. CONRAD. Mr. President, on had troops opened fire with tens of thou- them a crowd, waiting for the worst, ap- sands of demonstrators had spontaneously plauds. it is 11:30 p.m. and for the first time Tuesday, June 2, during Senate consid- occupied the Square to mourn the death of tonight, the soldiers have had to pull back.’’ eration of the McCain-Kerry and others Zhou Enlai in 1976. So many ominous-sound- As the convey began pushing forward again amendment No. 2446, I was added as a ing government threats had come to naught a short while later, a noise resembling the cosponsor of that amendment, how- since April 15 that most ordinary Chinese sound of popcorn popping was suddenly heard ever, the RECORD of June 2 does not re- were now inclined to view this latest salvo of over the dim of the crowd. Out of the smoky flect my cosponsorship. warnings as more overinflated rhetoric. The darkness, troops armed with AK–47s charged I, therefore, ask unanimous consent triumphs, symbolic and otherwise, of the the barricades, shooting as they advanced. preceding weeks had given many, especially ‘‘Soldiers were shooting indiscriminately; that the permanent RECORD be cor- protesters, an exaggerated sense of their own there were bullets flying everywhere; dead rected to reflect my cosponsorship of invincibility. bodies and injured people were lying in the Senate amendment No. 2446. But there were some Chinese who under- streets,’’ reported one anonymous foreign In addition, I now ask unanimous stood that when threatened, the Party would journalist cited in a subsequent Amnesty consent my cosponsorship of Senate ultimately stop at nothing to preserve its International report. ‘‘Crowds of residents amendment No. 2446 appear in the grip on power. They understood the old from the neighboring lanes had left their houses and stood unprotected in the streets. RECORD at the appropriate place. adage ‘‘When scholars confront soldiers, it is They did not try to hide because they did not The PRESIDING OFFICER. without impossible to speak with reason.’’ Most of these pessimists were from the older genera- seem to realize what was going on. They objection, it is so ordered. tion of educated Chinese who had learned were in a state of shock and disbelief.’’ Mr. CONRAD. I suggest the absence through bitter experience that the Party All along the Avenue of Eternal Peace, of a quorum. rarely allowed such challenges to go equally ferocious battles broke out as citi- The PRESIDING OFFICER. The unconfronted. ‘‘The Day the Soldiers Enter zens stood their ground with an almost reli- clerk will call the roll. the City, Then the Blood of the People will gious fanaticism before advancing troops. The legislative clerk proceeded to Flow,’’ declared one banner ... Bystanders who ran into surrounding alley- call the roll. Around dusk the Flying Tigers began ways for safety were chased down and sprayed with automatic-weapons fire. Those Mr. HUTCHINSON. Mr. President, I bringing back reports that soldiers equipped with automatic weapons and backed up by who tried to rescue the wounded were shot in ask unanimous consent that the order armored vehicles were moving toward the cold blood. The slaughter was so merciless for the quorum call be rescinded. city center from several directions at once. that rumors began circulating that the sol- The PRESIDING OFFICER (Mr. In response, the strengthening of barricades diers had been administered some kind of HAGEL). Without objection, it is so or- reached fever pitch. By the time the first drug as a stimulant. dered. troops neared key intersections on the city’s By 1 a.m. soldiers had neared the intersec- Mr. HUTCHINSON. Mr. President, I outskirts, an estimated 2 million people were tion where Xidan crosses the Avenue of Eter- nal Peace and began lobbying tear-gas can- ask unanimous consent to speak as in again in the streets. At first, these citizens’ brigades continued to rely on the same de- isters into the crowds. Moments later several morning business. fensive techniques that they had used two buses serving as barricades burst into The PRESIDING OFFICER. Without weeks earlier, and by dark, many unarmed flames. Then another order to fire was given. objection, it is so ordered. units were again bottled up around the ‘‘Several lines of students and residents in- f city . . . stantly fell,’’ claimed one BASF eyewitness. By 10 p.m. the assault from the west was in ‘‘Dozens were killed, and several hundred NINTH ANNIVERSARY OF THE full swing. As several infantry and armored were wounded.’’ TIANANMEN SQUARE MASSACRE divisions pushed toward the Military Mu- Yang Jianli, a Ph.D. candidate in mathe- seum, they soon found their way blocked by matics from the University of California at Mr. HUTCHINSON. Mr. President, Berkeley who was back in China on a visit, today represents the ninth anniversary a wall of angry citizens and Dare-to-Die squads of workers pledged to defend the stu- watched in horror as these shock troops ad- of the Tiananmen Square massacre. dents and the Square until death. The jug- vanced, firing their automatic weapons as if This is the day that commemorates the gernaut of military vehicles ground to a they were assaulting a heavily armed enemy culmination of the crackdown—very halt, allowing government propaganda to position. ‘‘Tanks and truckloads of soldiers bloody crackdown—that occurred 9 cite these instances of hesitation as evidence armed with machine guns were rolling in, years ago in Beijing, China. that the army had exercised a ‘‘high degree one after another, toward the Square,’’ he re- I think it would be wrong for us not of restraint’’ while entering the city. Such membered. ‘‘At the intersection we heard ‘‘restraint’’ did not last long. perhaps a thousand people shouting, ‘Down to take note of that on the floor of the The next volley of gunfire was aimed over with Fascism!’ . . . [Then] flashes spouted U.S. Senate. I think it is incumbent the heads of the resisters. The crowd refused from the muzzles of soldiers’ rifles. We ran upon all of us, as freedom-loving Amer- to disperse. Finally, an officer in a jeep was back a bit and threw ourselves on the pave- icans, to not forget the lessons that we reported to have yelled out through a mega- ment. ‘Did they really fire?’ I asked H. ‘I continue to learn from China. phone, ‘‘Charge, you bunch of cowards! still can’t believe it!’ Some people continued I would like to, in the next few min- Sweep away this trash!’’ A volley of concus- to stand up, saying nonchalantly, ‘Don’t be utes, read an excerpt from a book enti- sion grenades was lobbed into the crowd. frightened, they’re only using rubber bul- lets.’ But before they had finished speaking I tled ‘‘Mandate of Heaven: The Legacy Only when steel-helmeted soldiers carrying truncheons and riot shields were ordered to heard someone scream, ‘Look out! There’s a of Tiananmen Square,’’ by Orville charge did those resisting give way. cart coming through!’ Two men with gunshot Schell. This book recounts, among It was around 11 p.m. before advancing wounds were being carried away. . . . Sud- other things, what occurred during the troops approached Muxidi Bridge near the denly, there was more gunfire, and we S5602 CONGRESSIONAL RECORD — SENATE June 4, 1998 dropped to the ground again, my heart jump- could supervise the Communist party. Li was Square and don’t talk about the mas- ing from sheer fright.’’ not only promptly expelled but arrested, la- sacre, we must not forget that these ‘‘His blue T-shirt was soaked with blood, beled a ‘‘chief instigator of an anti-party are not American values: these are uni- and his eyes were blood-red,’’ recalled Yang conspiracy,’’ accused of counterrevolution- versal human values and human rights. of one outraged citizen. . . . ary propaganda and incitement,’’ and sen- ‘‘Troops have been firing indiscriminately tenced to 2 years in prison. For us to sacrifice what this Nation and still people would not move back,’’ BBC has always stood for on the altar of I just think of how many Members of free trade, on the altar of commercial News Chief Correspondent Kate Adie re- the Senate and how many Members of ported in a television broadcast after visit- and corporate profits is unconscion- ing both the western and eastern reaches of the Congress would be incarcerated if able. the Avenue of Eternal Peace. ‘‘Indeed, it was that were the standard. This one who Jiang Zemin was quoted on the front hard at the time to grasp that this army was dared to lift a voice to say we ought to page of the People’s Daily 3 weeks after launching into an unarmed civilian popu- have free elections and called the auto- the massacre. This is what he said. He lation as if charging into battle. . . . There crats ‘‘wild and savage″ served 2 years. was mayor of Shanghai at the time, was not one voice on the streets that did not Schell continues to write: express despair and rage. ‘Tell the world!’ not President of China. But this is On the second anniversary of the massacre, what he said: they said to us.’’ a young woman dressed in funeral white ap- Toward these cruel enemies— Since that 1989 tragedy and this fa- peared in front of the Monument to observe mous photo of a lone student who stood a moment of silence. ‘‘I came to remember,’’ That is that young man standing in defiantly in front of the line of tanks, she told a South China Morning Post cor- front of the tanks— there has been every June 4th efforts respondent before drifting away just as sus- there must not be even one percent of for- within China, efforts there at picious undercover agents began to close in. giveness. If we go easy on them, we shall commit an error of historic proportions. Tiananmen, to remind the world of the Incidentally, white being the sym- tragedy that occurred, of those brutal, bolic color of mourning in China, we That is the man whom the President visible oppressions, and forcibly remov- have chosen the white color, white rib- is going to meet and greet in Beijing in ing a voice of freedom that the world bons to commemorate in mourning a few short weeks, the one who said that toward these cruel enemies we has known in generations. those who lost their lives at I continue from Schell’s book as he Tiananmen Square. So that is what dare not show even one percent of for- recounts some of the symbolic gestures happened on the second anniversary. giveness. And they didn’t, true to his that have been made since that origi- And then Schell writes: word. Nine years later, Jiang is President nal June 4th, 1989. In 1992, on the third anniversary of the of China and the students whom he He writes: massacre, a young worker named Wang called the cruel enemies, many remain ‘‘Like an uninterred body, June 4th Wanxing appeared not far from where a new sign warned visitors that it was illegal to lay imprisoned, those who survived. And continued to cry out for an appropriate memorial wreaths in front of the Monument Jiang, true to his word, showed not 1 and respectable barrier.’’ without prior approval. After unfurling a percent of forgiveness. He has never There are those, if I might just add, banner calling on Deng to apologize for the apologized. He has never acknowledged who would like to say we are in a post- crackdown following the protest, he was the cruel, inhumane, and barbaric re- Tiananmen era but somehow that seized, dragged away and committed to a sponse of the Government at chapter has been closed. The fact is the mental hospital. In a letter to U.N. Sec- Tiananmen Square. The Chinese Gov- Communist Chinese government in retary General Boutros Boutros-Ghali smug- ernment has never investigated, they China does not allow that chapter to be gled out of China a month later Wang as- have never even investigated this trag- closed. So Schell refers to it as an serted that not only was he being held against his will in Shanghai’s Ankang Psy- ic incident; they have only defended uninterred body which continued to chiatric Hospital for the criminally insane, the crackdown and the killing of hun- cry out for appropriate and respectable but he was being forced to take psychotropic dreds of students as an appropriate re- barrier. drugs. sponse to peaceful dissent. The yearning that many continued to feel Computer hackers were also busy that So this man, Jiang Zemin will be the for some sort of commemoration could never spring waging electronic warfare by intro- leader greeting our President, this man ducing rogue viruses into software programs be fulfilled by parades or crimson stars fash- who declared not 1 percent of forgive- ioned out of potted flowers. But since the used on government computers. One such government stubbornly refused to acknowl- virus caused the words ‘‘Remember June 4’’ ness. And more recently, lest you think edge the tragic significance of what had hap- to appear on display terminals while another he may have changed his mind and pened, much less allow for a ceremony at flashed the slogan ‘‘Bloody June 4’’ as soon changed his attitude and lest we are which those who had died could be properly as computers at certain state enterprises under the misimpression that suddenly remembered, the Square remained charged were booted up. the Government of China has grown with unresolved energy and, like a lodestone, Despite increased campus surveillance, on compassionate and that, in the words kept drawing defiant demonstrators back May 28, 1991, [university] students managed of President Clinton, they now are be- to hang cloth streamers out of two dorm into its embrace to engage in solitary acts of coming a thriving democracy—lest we guerrilla mourning. windows declaring ‘‘We Will Never Forget Such observances were, or course, politi- June 4.’’ Leaflets recalling the events of 1989 think that, President Jiang, when cally suicidal. As soon as anyone began such also appeared in the student canteen. asked by Barbara Walters how he a ritual protest, plainclothes policemen ma- An excerpt from the leaflets said looked back on the events of 1989, re- terialized as if out of nowhere. Within mo- this: plied, ‘‘It’s much ado about nothing.’’ ments the offenders were surrounded, seized, So on this anniversary of the Those were days that woke the heart and and dragged away. Only on those rare occa- Tiananmen massacre, we all need to re- moved the spirit. Then the hue and cry be- sions when foreign journalists had been came the sound of suffocation in a pool of mind the world we will not forget and alerted in advance or happened to be at the blood. we will not allow the courageous sac- Square for other reasons were such fleeting There are those who would say that rifice of those hundreds of students at moments of defiance recorded. But then, like Tiananmen Square to be demeaned, to shooting stars in the night sky, these usu- to call the world’s attention to the ally nameless protesters would disappear. tragedy of Tiananmen Square in 1989 is be disrespected and to be devalued. The Washington Post, in an editorial empty moralizing on the part of self- He writes: today entitled ‘‘China: Two Views,’’ righteous Americans who want to im- On the first anniversary of June 4, a lone speaks of a view that I would share: figure had walked up to the Monument and pose our views of freedom and liberty A strikingly different view from inside nervously fumbled to display a handmade upon the rest of the world and other China, from someone with pretty fair creden- banner; moments later he was seized and cultures. May I say to those who would tials to judge China’s practices, Bao Tong, taken away. That night [at the university], a argue such that liberty and freedom 65, was Chief of Staff of China’s premier and young economics student named Li Minqui, are not American values, that it is not Communist Party chief until he was jailed in who had been active in the outlawed BASF, empty moralizing to point to a young 1989. tried to mark the anniversary by addressing a spontaneous midnight rally on campus Chinese student who defied the sym- Why was he jailed, by the way? He where he indignantly referred to China’s cur- bols of oppression and onrushing tanks. was jailed: rent leaders as ‘‘wild and savage autocrats’’ And I would say to those who would Because he opposed the crackdown against and called for an elective Government that say don’t talk about Tiananmen protesting students in Tiananmen Square. June 4, 1998 CONGRESSIONAL RECORD — SENATE S5603 Mr. Bao spent 7 years in prison, three of communications with China. But we been set. But I ask that the President them incommunicado, showing that China are saying, under the current cloud and sign those and, in so doing, express sin- has a ways to go when it comes to rule of with all of the questions about the web cerity in wanting to decry the human law. He now lives under house arrest but re- of interrelationships between the Chi- rights abuses that are going on. cently gave an interview to the Post’s Ste- Let me just conclude. In a Washing- ven Mufson and John Pomfret. nese Government, the American ad- Mr. Bao challenged the notion that eco- ministration, and corporate America ton Post article, not an editorial but a nomic strength, in the absence of real de- and multinational corporations—delay news article today on the Tiananmen mocratization, inevitably will make China this trip. anniversary, the article, a Michael more benign. Then second, Mr. President, if you Laris report, concludes: By the way, let me repeat what he must go, if you must go ahead with . . . China has not yet turned irrevocably challenged, because it is the very the- this planned trip, then I plead with you toward a liberal political approach. [That’s sis espoused by those who say con- to express the desire of millions of an understatement.] It maintains a massive structive engagement is going to bring Americans by not going and not being state security apparatus, which monitors the about change in China. This is the very received at Tiananmen. As this young private affairs of anybody it deems a threat man took his stand as a symbol of free- to the Communist Party’s monopoly on po- theory espoused by those who say, ‘‘We litical power. The jails hold more than 2,000 will just trade sufficiently, we will in- dom against the symbols of oppression, political prisoners, including 150 or so ar- crease trade and do enough increased I ask our President, take one small rested after the Tiananmen Square protests. commerce with China, and everything stand by not going to Tiananmen Among the 200,000 other people in labor will be better.’’ So he challenged the Square; not being received, simply say- camps, at least some are political offenders. notion that economic strength in the ing: Mr. Jiang Zemin, I will not be re- [I assume yesterday] Early this evening at absence of real democratization inevi- ceived where these students were slain. the Beijing University bulletin board, which I will not show disrespect and disdain was a center of protest information in 1989, a tably will lead China to be more be- woman read announcements of lectures on nign. for the sacrifice that they made by the environment and the Asian financial cri- China ‘‘has already gone mad twice in the being received at a State visit on that sis. ‘‘Many of my friends think those stu- last 40 years,’’ he said, referring to the cul- location. To be received there is to de- dents were foolish,’’ she [this student] said. tural revolution and the Tiananmen mas- mean and devalue the stand those stu- ‘‘I think they were very brave. I wish more sacre. ‘‘You have to ask yourself a question. dents took. people now had that much passion. Some What will it do on the international scene? Is Third, I plead with you, Mr. Presi- people now have the same passion, but they it a source of stability or a potential source dent, that if you insist on going to know not to express it in the same way.’’ of instability? When it doesn’t have enough China, that you should insist on meet- For those who believe it is all better power, its attitude will be restrained. But now in China, listen to the words of once it develops and becomes strong, what ing with the families of those cham- kind of role is it going to play without a pions of democracy who were either this student who says the students in complete structural change?’’ slain or remain in prison. I ask that as China today have learned, passion for That is the question I would pose. our President goes, and if he goes, that freedom they may have, but if they For all of the advocates of the current he should forcefully denounce the re- cherish being free, if they cherish the administration’s policy, I would pose pression and the human rights abuses right to be a student, if they don’t this question raised by this very ongoing in China; if he goes to want to be incarcerated, they better knowledgeable individual, Mr. Bao, Tiananmen Square that his message not express it as these students did 9 who himself has spent 7 years incarcer- should be this: Never again. And in the years ago today. So to all freedom-loving Americans— ated. The question he poses: Once spirit of Ronald Reagan at the Berlin not as Republicans and not as Demo- China develops, opens, and becomes Wall, let him say, ‘‘This is wrong. crats—but to all freedom-loving Ameri- strong, what kind of role is it going to Never should it happen again.’’ I ask cans, we say to those Chinese who love play without a complete structural that in China he visit with house freedom as well: We will not forget change? church leaders, those who, because of What he means by ‘‘complete struc- their conscience and because of their what happened June 4, 1989. Mr. President, I yield the floor. tural change’’ is democratization. It is religious convictions, have not reg- istered with the Communist Chinese Mr. GRAMS addressed the Chair. his argument that economic develop- The PRESIDING OFFICER (Mr. ment in China, the embrace of free Government and, because they have HAGEL). The Senator from Minnesota. markets, and the embrace of market not registered, because they have not signed up and received official sanction Mr. GRAMS. Mr. President, I inquire capitalism will not be sufficient to what is the pending business before the make them benign, to make them a by the Government, stand in harm’s way, stand in jeopardy of losing their Senate? partner in world peace, and that that The PRESIDING OFFICER. The Sen- will not happen without a structural freedom. I ask that our President visit with ate is now considering the tobacco bill. change—free elections, freedom of The Senator may speak on any subject press, freedom of speech, freedom of re- banned journalists, for there are no free newspapers. There are no inde- he wishes. ligion—that until those things become Mr. GRAMS. I ask unanimous con- pendent journalists. There are no ex- realities in China, then we cannot ex- sent to speak as in morning business pressions of dissent against the Com- pect that there are going to be respon- for up to 10 minutes. sible citizens in the international stage munist Chinese Government. So, Mr. The PRESIDING OFFICER. Without of affairs. President, meet with those journalists objection, it is so ordered. The Post editorial concludes: who would like to have a newspaper, The Senator from Minnesota is rec- Mr. Clinton should meet with dissidents who would like to be able to write a ognized. when he visits Beijing later this month. A column, who would like to be able to Mr. GRAMS. I thank the Chair. sit-down with Bao Tong, if the government freely express their views of freedom (The remarks of Mr. GRAMS pertain- would release him from house arrest long and democracy, but are not allowed to ing to the introduction of S. 2130 are enough, might be a useful addition to the because of the current regime. Meet located in today’s RECORD under president’s official schedule. with them. Hear their story. Take your ‘‘Statements on Introduced Bills and And I suggest it certainly would. stand for freedom. Joint Resolutions.’’) So I want to conclude on this anni- And then I ask that before you leave Mr. GRAMS. Thank you, Mr. Presi- versary of an event that should never, for Beijing, if you must go, that you dent. I yield the floor, and I suggest never, never be forgotten, by making sign the China sanctions package that the absence of a quorum. this plea: Mr. President, delay your has already passed the House of Rep- The PRESIDING OFFICER. The trip to China. There are ongoing inves- resentatives by a huge, overwhelming clerk will call the roll. tigations; there are ongoing hearings. bipartisan majority. Some of those pro- The assistant legislative clerk pro- So, please, we are not talking about visions have already been added to our ceeded to call the roll. isolating China. It could not happen if State Department authorization bill Mr. DASCHLE. Mr. President, I ask we wanted it to. We are not talking which we will be debating, hopefully, unanimous consent that the order for about breaking off contacts, dialog and next week. Some of those have already the quorum call be rescinded. S5604 CONGRESSIONAL RECORD — SENATE June 4, 1998

The PRESIDING OFFICER. Without they have done to bring us to this Mr. MCCAIN. I appreciate the Sen- objection, it is so ordered. point. But unless we take it to its final ator’s frustration, and to a large degree f conclusion, all of the thousands of I share it. I wonder if, with the knowl- hours spent by the Senators who are on edge that the Senator from Texas and NATIONAL TOBACCO POLICY AND the floor already, invested in time and I are continuing negotiations in the YOUTH SMOKING REDUCTION ACT good-faith efforts to move us to this next few minutes, the distinguished The Senate continued with the con- point, will be for naught. I don’t want Democratic leader would agree to with- sideration of the bill. to see that happen. I don’t want to see hold that until, say, an extra addi- Mr. DASCHLE. Mr. President, I don’t this necessarily as a Republican versus tional 15 minutes just so I can make know how many days it is that we have Democratic debate. But, frankly, it be- one final attempt to get an agreement been on the tobacco bill now, but it is comes more and more apparent that we with the Senator from Texas on his clear that we are not making any are not getting the help—with the one amendment. Then I think we may be progress. I am increasingly frustrated stellar exception of my friend and col- able to move forward. by the degree to which many of our Re- league from Arizona—in getting this Mr. DASCHLE. I will agree to with- publican colleagues, in the name of legislation passed. So we are very hope- holding filing of the motion so long as amending the bill, have stalled, obfus- ful that we can move this legislation I don’t lose my right to file the motion. cated and, in many ways, attempted to and find some way to resolve the mat- If that takes retaining the floor, I in- defeat the legislation without any real ter. tend to do so. But I will certainly allow sign of progress, without any real sign I understand that I can’t file until the Senator from Arizona whatever of coming to closure, without any real 2:15 under a previous agreement. I will time he may require to talk to the Sen- effort to find some resolution. certainly wait until then. ator from Texas. I have expressed my continued pa- Let me just make sure that our col- Mr. President, let me just say that is tience, my continued desire to find leagues understand where things stand. really the essence of this argument. ways in which to move this legislation Right now, we are discussing the mo- Can we stop kids from smoking? Can along. I give great credit to the man- tion to recommit offered by the Sen- we turn this around, or not? And can ager of the bill, the chairman of the ator from Texas, Senator GRAMM, with we find a way with which to address Commerce Committee, Senator amendments pending to that motion. the concerns expressed to us by many MCCAIN, for his tireless efforts to move The Gramm amendment would cost $52 of our colleagues? both sides along. billion. It would rob the bill of any real We believe we can address the mar- This has not worked. We have contin- opportunity to address research in riage penalty for a whole lot less than ued to be thwarted in the name of com- health care, to address the targeted ap- $52 billion. But our objective is not to promise, and in the name of negotia- proach that we are attempting to make gut the bill. Our objective isn’t to say tion, and in the name of consultation. on advertising and reducing teenage we are going to use up all that money Frankly, I don’t know what other op- smoking. It would reduce every option because we don’t want to spend it on tions there are but to file cloture on that we have available to us to reverse stopping kids from smoking; we don’t the bill. We may not win. I am pre- the trend and reduce teenage smoking want to spend it on research; we don’t pared to acknowledge that unless we in this country. Why? Because the Sen- want to spend it on tobacco farmers; get many of our Republican colleagues ator from Texas believes that we ought we don’t want to recognize what has al- to join us, we will not win. But I also to address the marriage penalty. ready been achieved in the State-by- understand that if we don’t move this Unfortunately, Senator GRAMM’s State negotiations on this issue and legislation forward, we will continue to amendment doesn’t address the mar- the tremendous effort put forth by at- be in a position of having to say no to riage penalty alone. In fact, one could torneys general all over the country in other bills the majority leader may argue that it has little to do with the an effort to resolve this at the State wish to bring up until we resolve this marriage penalty. It has everything to level. The Federal Government didn’t matter. We have said, as late as Tues- do with spending the tobacco revenue do that. For whatever reason, we didn’t day, that we are not in a position to raised in the health fee. We are pre- go to court. The States did. Now that move to any other legislation until we sented with an option that is a Hob- the States have racked up their vic- finish this bill. I don’t know how we son’s choice for many: reduce taxes for tories, and now that they are expecting can say it more clearly than that. those who are under $50,000, or reduce some way to resolve this matter, we We want to finish this legislation so teenage smoking, reduce the number of are saying: We are going to use that we can move on to other bills. There children who are dying from smoking. money, too; we are going to take the are a number of other pieces of legisla- That is the choice. While we debate money that you have already won in tion that ought to be addressed, and we this choice, 3,000 kids a day choose to court fairly and squarely against the recognize that. We are prepared to smoke for the first time. A large per- tobacco companies, and we are going to enter into time agreements on amend- centage of those—some say 40 per- spend it; we are going to spend it on a ments. We are prepared to come to cent—are people who ultimately will tax cut. some time limit on the bill itself. But die from the habit at some point in So this gets interesting as we go on. we have now virtually wasted the bet- their life. They get cancer and ulti- We are saying we ought to respect the ter part of a week waiting for col- mately succumb to cancer because decisions made by the attorneys gen- leagues to offer amendments, waiting they started smoking too early, with- eral, we ought to respect the decisions for some resolution to the Gramm out knowing the facts, without being made by the committees of the Con- amendment, waiting, procedurally, to able to quit once they had started. gress, and the Senate in particular, in find some solution to the impasse that That is the issue here. recognition of the fact that we have to we now are experiencing. Can we prevent young people from find new ways to target those who are So, Mr. President, I really have no acquiring this terrible habit and from most vulnerable to campaigns by to- choice but to offer a cloture motion, dying because of it? Can we target ad- bacco companies today to get them to with some frustration, and with the re- vertising and research, and can we find smoke. We think that is worth an alization that it may take more than ways in which to ensure that we can American investment. We think it is one. We may have to file several clo- turn the trend around for the first worth an American investment to put ture motions. But, beginning today, I time? Or are we going to spend that some real effort into research on how will take whatever action is necessary money for something else? Mr. Presi- we cure diseases that have been con- to expedite the consideration and ulti- dent, Democrats have come up with an nected to smoking. We think it is im- mately the solution and the conclusion alternative. portant that we find ways with which to this legislation. Mr. MCCAIN. Will the distinguished to rid this country of the production of We have a lot of people who have in- minority leader yield for one question? tobacco products and to encourage to- vested a good deal of effort into this Mr. DASCHLE. Without losing my bacco farmers to find other ways to legislation; three of them are on the right to the floor, I yield to the Sen- make a living. That is what this is floor right now. I thank them for all ator from Arizona for a question. about. June 4, 1998 CONGRESSIONAL RECORD — SENATE S5605 Mr. President, there is no choice. We Conrad, Harry Reid of Nevada, Paul consent agreement here that I was can continue to talk. We can continue Wellstone, Richard Durbin, Patty Mur- working on, and was prepared to work to find ways with which to obfuscate. ray, Richard Bryan, Tom Harkin, Carl with him on, that would set up a proc- But it really comes down to this: Do Levin, Joe Biden, Joseph Lieberman, ess for us to have a vote on Durbin, al- John Glenn, Jeff Bingaman, Ron you want to pass a tobacco bill or not? Wyden, and Max Baucus. though I think Durbin is a very bad We are getting a resounding ‘‘no’’ on amendment. It is another jump, more the other side of the aisle. We are get- Mr. LOTT addressed the Chair. cost, another hit on actually getting ting an absolute, emphatic ‘‘no,’’ excla- The PRESIDING OFFICER. The ma- something done. That is one of the mation point, ‘‘we don’t want a to- jority leader is recognized. problems here. I am still trying to fig- bacco bill.’’ Mr. LOTT. Mr. President, I must say ure out, do Senators, and do the health We have come to a point that we do that I think it is unfortunate that this care community people, and the attor- not have any choice. We must move process has been adopted by the Demo- neys general want a bill? this legislation forward and use the cratic leader. I had indicated all along Do you want an issue? Do you want parliamentary and procedural methods that at some point, if it was necessary, to do something about this problem or available to any Senator to begin to I would be prepared to consider cloture do you want to play games? It is not curtail debate, recognizing that every but not until we had an opportunity to clear to me because everybody keeps Senator who still has a germane debate and vote on some amendments adding to it, adding to it, and it is just amendment would have the right to that clearly are important to Senators going to collapse out here in a great, offer an amendment. and until we had time to have debate humongous pile of nothingness. But having been on this bill now for on this bill in general. But I was going to suggest we have a 2 weeks, and now recognizing the ma- There are still some very important vote on Durbin at 5:30 today, and that jority leader’s frustration and impa- amendments pending: The Durbin we have a time agreement on the tience with our slow progress, his de- amendment, the Gramm amendment, Gramm amendment and a vote on it, sire to move on to other bills, I, frank- and we have the drug amendments. We and a vote on the drug amendment, and ly, wish that we could do this together. have at least two substitutes that that—I assumed at some point the I wish he and I could file this cloture would be cut off from being offered: Democratic leadership might have a motion. He has filed cloture a lot faster The Hatch substitute, which I know a tax amendment of their own, and we on virtually every other bill that has number of Senators would support, and would start going on down the trail. I come to the floor than on this one. But it is something much closer to the don’t like it when we basically—people I understand the difference in the ini- original settlement agreement that say we have to make progress; we have tial position with regard to where we was entered into than anything else to get this bill done. Where is the are on this legislation. So I wouldn’t that is pending around here now; plus progress? This week, we can’t blame expect him necessarily to be enthusias- the Domenici-Gramm substitute. each other for yesterday; we had a fu- tic about doing it. But we have to move I think most Senators would ac- neral for a former Senator. We had to on. We have to find a way with which knowledge very readily that those two go to that. We have problems with Sen- to address this bill in a more con- Senators are very thoughtful Senators ators being here on Monday. We have sequential and productive way. That, and have given a lot of thought to an problems with Senators—I won’t get in essence, is what it is we are at- alternative approach. Yet there is a into all that. tempting to do. choice here. The choice is: Do you want But you cannot make progress until We have a series of amendments. The a bill or not? If you want a bill, this is you make progress, until you are here Durbin amendment, which, in my view, a good step toward having nothing hap- and you have Senators prepared to is one of the final and very important pen, because this further sours the vote. And that is one of the unique fea- pieces of legislation that we want to well. Yes; I would like to see things tures of this creature, the Senate. address on this side, a piece of legisla- move along on this bill and on to other Things move very slowly, they look tion that would be designed to bills and other issues that I know Sen- like they are not moving at all, and it strengthen the so-called look-back, or ators on both sides want to address, looks hopeless, and then all of a sudden the targets that we set out, to reduce but you have to also allow Senators to you get ready to vote. I thought we teenage smoking—I don’t think that is be able to work through the problems were close to getting ready to vote. necessarily anything anybody ought to and come to an agreement. So I think this is not a positive thing have trouble considering, or ultimately If we stay on this bill, we are going to happen, and I will urge every Repub- debating. We haven’t even been able to to have a vote on the Gramm marriage lican Senator to vote against cloture. debate that. We have had to wait. penalty tax elimination. We will have If we don’t get cloture, then what? Mr. President, I say with all sincer- it this year in some other form or an- Then what? I thought at some point ity—I don’t see the Senator from Ari- other. It seems to me like this is one next week after we voted on Durbin zona on the floor. He had asked that I way to help address some of the con- and Gramm and the drug amendment postpone the filing of the cloture mo- cerns about the excessive amount of and Hatch and the Domenici-Gramm tion, and I have agreed to do so. But I money that is in this bill. It is clearly substitute, maybe a couple other Dem- am prepared to file it assuming that way beyond what is necessary to fight ocrat amendments, at that point we there is no other reason for him to ask teenage smoking, or even teenage could have sort of a bipartisan effort to for additional delay. smoking and drug abuse, address some see if the Senate was ready to go to of the health care problems, and ad- cloture and get to a vote. CLOTURE MOTION dress the needs of the farmers. It goes This undermines that. I understand Mr. DASCHLE. Mr. President, at this way beyond all of that. That is the why it is being done, but I think it is time I send a cloture motion to the problem. counterproductive, and I hope the Sen- desk. As I have said in other forums, this ate would defeat this overwhelmingly. The PRESIDING OFFICER. The clo- has become a problem of greed. Every- I view it as another blow to our ture motion having been presented body who touches this bill adds to it. It chances of actually addressing this under rule XXII, the Chair directs the grows like Topsy. What is our goal issue in a responsible way and getting clerk to read the motion. here? To have a whole, big, new Fed- on to other important issues. The legislative clerk read as follows: eral program outside the regular budg- I must say I thought that Senator CLOTURE MOTION et process, or to address the problem of GRAMM and Senator MCCAIN and others We, the undersigned Senators, in accord- smoking, and teenage smoking, in this who were interested in how you deal ance with the provisions of rule XXII of the country? with the marriage penalty tax were Standing Rules of the Senate hereby move to I had been working on and had kind very close to an agreement—maybe not bring to a close debate on the modified com- mittee substitute for S. 1415, the tobacco leg- of sent word to the Democratic leader exactly the way Democrats would like islation. informally—and I did try to call him, it or the White House would like it, but Senators John Kerry of Massachusetts, and we were both going back and forth something that would have been fair Robert Kerrey of Nebraska, Kent to our luncheons—I had a unanimous for both of us to have and we could S5606 CONGRESSIONAL RECORD — SENATE June 4, 1998 make progress on other things. But debate on the Gramm amendment, the the Democratic amendment, and that c’est la vie, this is it. You filed a clo- debate on the Democratic amendment, two votes be cast at the end of that ture motion. And also, by the way, that and then two votes, and we are out of time in sequence of his choosing? cloture would ripen on Monday, and I here on taxes for a while. Then let’s go Would the majority leader agree to think that is going to be a problem for to the drug amendment, let’s go to the that proposal? the leadership and a number of Sen- Durbin amendment. We can stack Mr. LOTT. Mr. President, I would not ators, and we will have to discuss when those votes. We can have all four of agree with that at this point. I am not and how that vote would occur. those votes tonight. But I bet you I saying that at some point we might I hope all concerned would reconsider won’t hear that offer made by the come to some sort of understanding of their thinking on how we bring this to other side. For some reason that isn’t how this would be handled. The first a point where we could get some votes good enough. It was good enough for thing is, I think, the Senator from and make progress. I really believe, I the Coverdell bill, but it is not good Texas and Senator MCCAIN have got to said publicly, that if we had a tax cut enough for the tobacco bill. come to an agreement on the content. provision added and we had a drug pro- Mr. LOTT. Will the Senator yield? That is one of the reasons why we can’t vision added, then the prospects for the Mr. DASCHLE. I would be happy to go on procedure—until you get some- bill would be helped substantially; we yield. thing that is worked out, hopefully might actually get a bill through the Mr. LOTT. I heard through the news that everybody can support, because Senate. Without that, we are going to media that the Senator was proposing when we get a vote on the Gramm be sitting around here. If you want to a process to have those votes back to amendment, on the marriage penalty sit around and shout to your feet for back, and, oh, by the way, they are tax, it is going to pass overwhelmingly. the rest of this month and all summer going to be king of the hill; that the A great majority of the Democrats are long and try to make out this is a to- last one who wins, you know, wins. not going to be able to vote against tally partisan thing, that is OK, too. That’s it. that. They are going to vote for it. So That is OK. I am relaxed. We can just I did not have that proposal come to it is going to pass. waffle along here and look pathetic if me in any form, and I would not agree But what I would say is I have a everybody wants to do that. Or we can to that. I am prepared to say we are unanimous consent agreement right decide how we are going to get to- going to get a vote on Gramm, and in here that would allow us to set up a gether and make something responsible some logical order, I assume, we have a process to move forward with consent happen. deal here where we are alternating to get a vote on the Durbin amendment I yield the floor, Mr. President. back and forth—we offer an amend- at 5:30, and that following disposition Mr. DASCHLE addressed the Chair. ment; you offer an amendment. And of the Gramm amendment Senator The PRESIDING OFFICER. The the Democrats could offer an amend- COVERDELL be recognized to offer a Democratic leader. ment at some point on taxes in the reg- first-degree amendment relative to Mr. DASCHLE. Mr. President, let me ular order. We could not prevent you drugs, there be 2 hours of debate on just respond to a couple points made by from doing that. that—and that there then would be de- the distinguished majority leader. But that was not the way it came to bate on the Coverdell amendment and a First of all, I only wish I had had his me. And it did come to me through the vote on that after 2 hours. text in front of me when we took up media in a way that certainly would We have a unanimous consent re- the Coverdell bill, when we took up a not be acceptable. quest here that we would be willing to number of other pieces of legislation Mr. DASCHLE. Mr. President, since I offer, and then we could go back to earlier this year, because I can recall retain the floor, let me just respond to your amendment, we go to a tax his passionate determination to get my colleague. First of all, we are not amendment, if you want to do that. time agreements, to stack votes, to going back to back. The last amend- But here is the other side of it. You find a way to come to closure in a mat- ment prior to the Gramm amendment have to get unanimous consent. And ter of a couple of days, a couple of was a Gregg amendment. So instead of our people are not going to agree to an days, and were it not for the fact that going Republican-Democratic, we went arrangement at this time where you we had the votes to hold off on cloture, Republican-Republican. So that pat- get some vote on a subsequent tax pro- I don’t know where that would have tern was lost already. posal that would be the king of the gone. We finally came to a resolution Mr. LOTT. Will the Senator yield on tree. I think when the thing is done, on the Coverdell legislation because we that point? when we get an agreement, you are were able to come to some agreement Mr. DASCHLE. I would be happy to going to vote for the Gramm amend- on how we would proceed on amend- yield. ment and that is what will prevail, and ments. Mr. LOTT. Because he is right, and I we will move on. But we have to try to Now, I am perfectly willing to ask think that was a mistake. And I ob- come to an agreement on that or we unanimous consent to withdraw the jected to that at the time. I think ev- are not going to go anywhere. If that is cloture motion if we can get an agree- erybody who was on the floor knows the way it is going to be, that is the ment on the process and some time that. I did not appreciate the fact that way it is going to be. I have been try- agreements by which we can have these the going back and forth was inter- ing to help make this thing move from amendments considered. rupted. The Senator from Texas knows a procedural standpoint, but if we want Now, I don’t know why, but I have that, and he has indicated, to his cred- to let it collapse on this line, OK with been told—and I will admit I haven’t it, that he was not really intending to me. talked directly to the majority lead- break up that sequence. We did break Mr. DASCHLE. Mr. President, the er—that the Republicans are refusing up the sequence, but I do not think we majority leader has just made my to allow the Democratic tax amend- should let that block us from proceed- point probably better than I can. What ment to either precede or immediately ing in that way in the future, a fair he has said is that this offer to have succeed the consideration of the way where we offer our amendment, two amendments, one Republican and Gramm amendment. They don’t want you offer your amendment, and we go one Democrat, both dealing with tax, them back to back. I don’t know why. back and forth. under a time agreement, is objection- And if that is not accurate, I hope But you are right about that. The able to them. somebody will tell me. order was broken, and I certainly did My point originally was the reason it We have offered to have a limited not like it. is objectionable is because they don’t amount of debate on the Gramm Mr. DASCHLE. While the majority want to get this legislation passed. amendment, a limited amount of time leader is still standing, let me retain They do not want to see closure to it. on the Democratic amendment, and the floor and ask him the question. That is really what is behind all of then let’s have two votes back to back. Would he agree with me to a 2- or 3- this. This is not some concern about a We can do that this afternoon. I am hour time agreement to be divided tax amendment. This is concern about prepared to have a vote, I would sug- equally on the two amendments relat- ultimately moving this legislation to a gest, at 5 o’clock today. Let’s have the ing to tax, the Gramm amendment and point where we can get completion. June 4, 1998 CONGRESSIONAL RECORD — SENATE S5607 The reason the majority leader cannot What I am proposing here, or have discussion, whenever that was—Tues- get unanimous consent is not because been prepared to propose, is we have a day, I guess it was. it is not fair. It is because there are vote on the Gramm penalty tax amend- Mr. KERRY. Again, if the leader will colleagues on his side who want to drag ment, the Durbin look-back provision, yield for a question, isn’t it a fact, this out past the Fourth of July. They the Coverdell drugs provision, and a though, the unanimous consent request want to start using the clock. That is Daschle or others marriage penalty that the leader is proposing, while it what this is about. You want a blow- provision. That is Republican-Demo- ostensibly sets up a Democrat-Repub- by-blow account of the play-by-play ac- crat, Republican-Democrat; it is a way lican alternative, it is not, in fact, al- tion here? It is that. We are simply to deal with this thing. lowing for the Democrat alternative on playing the clock. Because if you play But let’s set that aside. You know, the marriage penalty to be voted on at it long enough, we run out of time and there is concern that has been ex- the time that the minority leader has then, guess what, we do not pass a to- pressed about the cost of the marriage requested? bacco bill. penalty. How about the American peo- Mr. LOTT. There would be one inter- We can play that. We can stay on ple who are paying that tax? A penalty vening amendment. What is the prob- this bill through June, if we want to. for getting married? They cannot help lem? But I am telling you, this legislation it, if it is so unfair a tax, that young Mr. KERRY. Would they be the same ought to pass. It is about saving kids’ couples all over America are getting day? Same time? Could they be this lives. It is about making them healthy. hit with this tax just because they got afternoon? Mr. LOTT. They could be. I don’t see It is about coming up with new tobacco married? So what we are saying is, any problem. I would like for us to policy, and we are prepared to stick to ‘‘Oh, well, to eliminate this unbeliev- have it in the same day, because it whatever it takes to see that we get able tax that is in the Tax Code it costs means we would be making progress. I that done. too much money, so we want to would like us to have the opportunity, I don’t understand why that would squeeze down what Senator GRAMM is on the tax issue and tobacco bill, to not be a fair proposal. I am dis- proposing to less and less and less.’’ have more than one vote in a day. appointed that our Republican col- What we ought to do is eliminate the Maybe we could get two or three votes. leagues object to what is a reasonable marriage penalty tax altogether. Right That would be healthy. I would like to proposal. When I used the reference away. Flat out. Whatever the cost is. see us make progress on that. I think ‘‘king of the hill,’’ I was simply saying Mr. KERRY. Let’s do it. we could work that out. We don’t want you have two proposals, both pending, Mr. LOTT. This is one way to help a separation of days. both being debated, and Republicans deal with the problem that this to- I just object to the ‘‘king of the hill’’ and Democrats both roll the dice. Let’s bacco bill costs somebody money. It type approach which goes—that is a see what the majority of Democrats doesn’t come from heaven. Somebody throwback to the House. But having it and Republicans support with regard to is going to pay for this. This is one the same day, that would be fine with the options presented to them. way, and it is targeted, by the way, to me. We are not interested in getting a We have an amendment. They have couples earning under $50,000, as I un- day’s or a week’s separation. If we are an amendment. Maybe the leader is derstand it, to help the people at the ever going to find a logical way to con- right. Maybe both amendments will lower end of the tax structure by get- clude this thing, you have to make pass or both amendments could fail. He ting rid of this tax penalty. progress and have more than one or thinks there is a majority support for You are talking about these other two votes in a day. the marriage penalty amendment. I people. Yes, we ought to have a cam- Several Senators addressed the think he is probably right. The ques- paign to fight teenage smoking and Chair. tion is, What is the amendment? The drug abuse, but we don’t need all these The PRESIDING OFFICER. The Gramm amendment goes way beyond hundreds of billions of dollars to do Democratic leader. marriage penalty. It goes way beyond that. This is a way—and everybody in- Mr. DASCHLE. Mr. President, let me it. Don’t anyone be confused about volved understands it, really—this is a just say, my offer stands. We are pre- that. This is not a marriage penalty way to help make it possible for this pared to negotiate some time agree- amendment. You can find marriage legislation to get through the Senate ment, some way with which to deal penalty in it, but it goes beyond that, and maybe, eventually, get to a conclu- with these amendments. And if we can and he is prepared to spend $52 billion sion. do so satisfactorily to both sides, I am going beyond that. Does the Senator from Massachusetts prepared to ask unanimous consent to Now I understand he wants to pull it want me to yield? revoke the cloture motion for now. I back some, but there is no question the Mr. KERRY. I do not want to inter- will talk with the majority leader and majority of what the Gramm amend- rupt the leader. we will see if we cannot resolve it. Per- ment would eat up would go to re- Mr. President, I wanted to ask the haps this discussion, if nothing else, search, would go to kids, and would go Senator, the majority leader: It seems has moved us closer to that point. to farmers. We know that. So we will to me I recall a conversation that the He did make a point, though, that I have to wait until another day to have minority leader, the majority leader, think has to be responded to, and that our debate and have a good oppor- Senator GRAMM and Senator MCCAIN has to do with money which is being al- tunity to consider competing propos- and I had together at the desk right be- located here. He said, What is wrong als. But we are prepared to do that. We hind Senator GRAMM just about 2 days with dealing with the marriage pen- will do it Monday next week, Tuesday, ago, in which we had originally alty? Shouldn’t we address the in- whenever. But we will be here. I yield broached to the majority leader the no- equity there? Let there be no mistake. the floor. tion that there would be two votes, al- We are prepared to address the in- The PRESIDING OFFICER. The ma- most simultaneously. So the majority equity in the marriage penalty. Our jority leader. leader was, in fact, aware that was amendment would do that. We are sim- Mr. LOTT. Mr. President, I want to what we sought. ply saying we don’t want to do it at the point out we could have had a vote on Mr. LOTT. If I can reclaim my time, expense of revoking the commitment the Gramm amendment last week. I I remember that meeting, and I was made to the attorneys general, made to was perfectly willing to do that, I be- there for part of it and went to take a the States, made to tobacco farmers, lieve it was last Thursday. We were phone call. When I was listening to made to children, made to the re- ready, I thought, to go to a vote on that discussion, it was a discussion searchers—made in all of those ways Durbin and Gramm last week. As I re- about how and when we were going to that has set up this comprehensive to- call, there was objection to that from vote on Durbin and Gramm. Maybe at bacco policy which we hope to address the Democrats. So if you talk about some subsequent point the discussion over the course of the next 10 years. We delay or time being consumed, it was turned to, really, some alternative to don’t have to do that. We don’t have to because we could not get an agreement Gramm. But, you know, this is some- destroy that. worked out on Thursday how we could thing that has evolved, as far as I can So there is nothing wrong with deal- go ahead and vote on the two of them. tell, since we met. We were having that ing with the marriage penalty. But to S5608 CONGRESSIONAL RECORD — SENATE June 4, 1998 say we are going to do it at the expense side is, if you want to deal which those just that. I remember many occasions of everything else is the problem hurt by the marriage penalty, we are in my time here that they dictated and Democrats find with the Gramm prepared to do that. The amendment filled up the tree. I learned the way of amendment. It also begs the question, on the other side goes way beyond doing business around here from them. what about the cost to Medicare and those hurt by the marriage penalty and I might also note, to make every tax- Medicaid from smoking-related ill- actually gives benefits to people who payer punished by the marriage pen- nesses? Should that not be addressed? are benefited by marriage in the Tax alty even with unmarried people costs Isn’t that an inequity? The American Code. $38 billion. If we are serious about real- taxpayers are paying huge—billions So wouldn’t it be the case that what ly eliminating this penalty, that is the and billions of dollars, huge amounts of we are prepared to offer will address di- cost. I believe the Senator from Texas money to pay for the programs that we rectly the marriage penalty, and why has a proposal that unfortunately is have set up to deal with health care; then is the majority leader resistant to below that. It is less than that. He Medicare and Medicaid, the two most the very fair notion that if he says he would like to completely eliminate it. consequential. More and more billions endorses again going back and forth be- In the interest of trying to come to some accommodation so we can get a of dollars are spent every year dealing tween Republicans and Democrats, vote and still leave money for legiti- with smoking-related illnesses. Isn’t it that he would allow the Democrats to mate programs, like the teenage smok- important for us as a Nation and this decide which amendment is offered on ing cessation program and the Medic- Senate to recognize that and deal with their side? Isn’t that a fair result? Mr. DASCHLE. That seems to me to aid programs in the States, he has been it? prepared to negotiate below that level. What the Gramm amendment says is, be a fair result. I don’t know if they I am not sure he should have gone ‘‘No, it isn’t. No, we are going to spend would stand for us telling them what down as far as he has. it on a tax cut. We think that is more their Republican amendment is going Does the Senator from Texas wish to important than anything else, over and to be. But that is, in essence, what get into this debate? above the commitment to the attor- they are asking us to accept. We will Mr. MCCAIN. Can I just make one neys general, over and above the com- tell you what Democratic amendment comment? mitment to the farmers, over and we will allow you to offer, and if you Mr. LOTT. He has been waiting. above the commitment to the children, don’t agree, you are the ones holding Mr. GRAMM. I would like to respond over and above the commitment to the up progress. We can’t accept that. Ob- to the minority leader, if I may. Medicare and Medicaid.’’ That is the viously, we can’t accept that. Mr. LOTT. Let me go ahead and yield problem we have. That is why there Mr. CONRAD. I have been in the Sen- to the Senator from Arizona. hasn’t been an ability to find some ate 12 years. I must say I don’t recall a Mr. MCCAIN. What is happening now common ground. So long as that be- time when the majority leader said to is what I feared would happen to this comes the only way with which to the minority, ‘‘We will not only decide bill. It is starting to get very partisan. spend resources, we think there is a what amendments are offered on our A lot of things are being said which are better way, a more prudent way, a side, but we’ll decide what amendments not necessarily helpful to the process. I more balanced way, and that is what are offered on your side.’’ Is this some- hope that we can end this dialog, now this debate is about today. I yield the thing the Senator from South Dakota that we have all made our points, and floor. has seen before? try and sit down and move forward or Mr. CONRAD. Will the Senator yield Mr. DASCHLE. Like the Senator agree to just move on to other things. for a question? from North Dakota, I have been around I don’t think it helps anybody for us to Mr. DASCHLE. I will be happy to here a while, too, and this has been a start accusing each other of bad faith yield to the Senator from North Da- first for me as well. It doesn’t come or parliamentary maneuvering. I hope kota for a question. often. To have the quarterbacks all on that we can move at least—— Mr. CONRAD. I ask the Senator from that side deciding the amendments to Mr. LOTT. I say to the Senator from South Dakota, isn’t it the case that the be offered is an interesting set of cir- Arizona, I think that is exactly what is amendment of the Senator from Texas, cumstances. happening. And I do think the well is being poisoned tremendously by what Senator GRAMM, doesn’t just deal with The point the Senator from North has been going on here in the last few the marriage penalty and give benefits Dakota makes is right on the mark. We minutes. I yield to the Senator from to people who are hurt by the marriage are giving benefits to, in the name of Texas. the marriage penalty, married people penalty, his amendment goes way be- The PRESIDING OFFICER. The Sen- yond that? It actually gives benefits to who have no tax penalty, who actually ator from Texas is recognized. people who benefit by being married; benefit from being married. But the Mr. GRAMM. I don’t want to get into isn’t that the case? real irony, the real sad aspect of this, a long argument with the minority Mr. DASCHLE. That is the case. Mr. President, is we are doing it at the leader, but I have to explain what this Those who benefit by being married are expense of those smoking-related ill- is about, in case somebody tuned in the benefited even more by the Gramm nesses in Medicare and Medicaid. We middle of all this. amendment. The Senator from Mis- are doing it at the expense of tobacco For several weeks our Democratic sissippi, the majority leader, was say- farmers; we are doing it at the expense colleagues have stood on the floor of ing how important it was that we not of children; we are doing it at the ex- the Senate and denounced the tobacco overextend the reach here. His admoni- pense of research; we are doing it at companies, with great justification. tion to the Senate was, ‘‘Let’s take a the expense of a comprehensive attack But they have proposed a bill that im- look, let’s step back and make sure we on teenage smoking. poses taxes principally on blue-collar are not just overreaching.’’ Well, if That is the real irony here, and that Americans, and they have in their bill there was a definition of overreaching, is why a lot of us feel very mystified by an incredible provision that mandates I don’t know that I could find a better this proposal and by the approach the tobacco companies to pass the tax example than the Gramm amendment Republicans are insisting on and trou- through to the consumer. because of exactly what the Senator bled by the inequity, not only proce- Despite the fact that it sounds like from North Dakota has noted. durally but in substance, with the we have come to a lynching of tobacco Mr. CONRAD. Will the Senator fur- amendments they are demanding that companies, the reality is we have a ther yield? we consider. confiscatory tax on their victims, the Mr. DASCHLE. I will be happy to Mr. LOTT addressed the Chair. people who smoke. As my 85-year-old yield to the Senator from North Da- The PRESIDING OFFICER. The ma- mother has observed, ‘‘You are saying kota. jority leader. to me I have been victimized, and then Mr. CONRAD. Isn’t it the case that Mr. LOTT. Mr. President, just one instead of taxing the tobacco compa- the amendment that we would like to brief response to the Senator from nies, you are taxing me.’’ offer on our side would actually target North Dakota. If he has been here 12 The tax in this bill is imposed on those affected by the marriage pen- years, then surely he remembers Sen- very moderate income people: 34 per- alty? So if the rhetoric from the other ator BYRD and Senator Mitchell doing cent of it is imposed on those who June 4, 1998 CONGRESSIONAL RECORD — SENATE S5609 make less than $15,000 a year; 47 per- Mr. FORD. You keep talking about Basically, let me tell you what will cent is imposed on those who make less the farmers and misrepresenting it. I happen. I just want to ask people who than $22,000 a year; 59.1 percent is im- just want to correct you. might watch this vote to watch it hap- posed on those who make less than Mr. GRAMM. I always stand ready to pen. When my amendment is voted on, $30,000 a year. be corrected. because if anything is voted on, this Our colleagues say this is not about Mr. FORD. You will be. amendment is going to be voted on, money. It is not money they want. It is Mr. GRAMM. I am simply reading when we reach 51 votes on my amend- just coincidental that they get $700 bil- numbers out of the bill. Basically, we ment, you are going to see about 20 or lion from blue-collar workers in higher have 743 pages of mandated spending on 30 Members rush down and vote for it taxes. What they want is to raise the everything from maternal and child right at the last minute. It will pass price of cigarettes. My amendment care health services, funding child with 65, 70, 75 votes. But if it only gets simply says raise the price of ciga- care, mandating funding under child 49 votes, none of them will rush down, rettes, but rather than impoverishing welfare, title IV, section (B), and man- because what the minority leader is the victims, the people who have been dating that the funds in this bill be trying to guarantee them is that if induced to smoke, let’s take a portion spent by the States be spent on the De- they vote against the amendment to of the money, in this case roughly a partment of Education, Dwight D. Ei- repeal the marriage penalty, that they third of it, and let s give it back to senhower Professional Development are going to get a vote later on. Their moderate-income families by eliminat- Program, under title II of the Elemen- amendment will be a much smaller tax ing the marriage penalty for families tary and Secondary Act. cut, but when they get asked back We have in this bill what some esti- that make $50,000 a year or less. home, ‘‘Well, weren’t you willing to re- mate is the ratification of a settlement I basically view this as a rebate of peal the marriage penalty on working that will pay attorneys $100,000 an part of this tax. I am trying to take families?’’ They are going to say, ‘‘Oh, hour. Yet we do not have enough our colleagues at face value as to what yeah, I was for it. I just wasn’t for that money to prevent the impoverishment they say they want to do. They say provision. I was for another provision, of blue-collar workers who have been their objective is to raise the price of but I wasn’t for that provision.’’ victimized by the very tobacco compa- cigarettes not to pass one of the larg- So I do not know if anybody is going nies that we assail. to be fooled. est tax increases in American history. This bill gives all this money—end- When I offered the amendment that Mr. KERRY. Will the Senator yield? less billions—to all these groups in the Mr. GRAMM. But the issue really would give a third of the money back grossest giveaway that I have ever ob- to blue-collar workers, suddenly our boils down to this: You can denounce served in my political career. Groups the tobacco companies all you want to colleagues were all up in arms, and we that would have been happy with hun- find ourselves in this situation. and rejoice in it. I would join you if I dreds of dollars, in this bill we give thought it would do any good. But I Mr. KERRY. Will the Senator yield? them billions of dollars, because the Mr. GRAMM. I do not yield. I lis- think we are doing it so much, I am mentality is, as one office seeker called tened to everybody else talk. I simply not sure it is achieving its stated ob- it: ‘‘We won the lottery.’’ Well, unfor- jective. In the end, you are not taxing want my turn. tunately, this is a lottery that is paid Mr. KERRY. Will the Senator yield tobacco companies. In the end, you are for with taxes imposed on blue-collar for a question of fact? taxing blue-collar workers in this workers. Mr. GRAMM. I do not intend to yield country, who are going to be brutally What I have proposed to do is to sim- punished by this tax if they are ad- until I am through. We hear the minor- ply take a third of the money so that ity leader say that we can’t afford to dicted to cigarettes and they cannot we still get the full impact of raising quit smoking. give a third of the money back to blue- the price of cigarettes. However since collar workers who, if they smoke one In my State, we have 3.1 million peo- our colleagues claim this is not about ple who smoke cigarettes. If they pack of cigarettes a day, will pay $1,015 money, I would like to give part of the smoke one pack a day, they are going of new Federal taxes. People making money back to blue-collar workers by to pay $1,015 in new Federal taxes as a less than $10,000 a year will see their repealing the marriage penalty on result of this bill. For somebody who is Federal tax burden go up by 41.2 per- moderate-income families who make making $10,000 or $20,000 or $30,000 a cent because of this bill. They say we below $50,000 a year so that we do not year, that is a brutal, punishing tax. don’t have a nickel in this bill that we end up impoverishing the victims of All I am saying is, quite frankly, could give back to blue-collar workers the whole effort to induce people not to Americans believe this bill is about the who have been victimized by the very smoke. $700 billion. They believe that this has tobacco companies that they denounce. Also, let me say that it is not pos- long ago stopped being about teenage But it is interesting that while they do sible to effectively spend the amount of smoking, that this is really more of the not have a penny to give back to work- money that is allocated in this bill. It old tax and spend, getting $700 billion ing people, they have $28 billion to give is not possible to spend the billions and of easy tax money and then spending to tobacco farmers. billions and billions of dollars in this it. It is easy because people believe Let me try to set this in perspective. bill, nor is it wise public policy. So I that we are taxing tobacco companies. Under a provision in this bill, tobacco think if you really wanted to have a When they understand that we are tax- farmers would be paid $21,351.35 an bill and you wanted to raise the price ing the people who smoke, and who in acre. We would make a payment to to- of cigarettes, that you would raise the many cases are addicted and who can’t bacco farmers of over $21,000 an acre, price of cigarettes and you would take quit, or at least are going to take time and then they could continue to grow the bulk of the money and cut taxes on to quit, I do not think they are going tobacco under the same program they moderate-income people who are going to be sympathetic to what we have grow tobacco under now. to pay the costs. So you discourage done. I can go out today and buy a quota to people from smoking but you do not No one can argue that in the endless grow tobacco for $3,500 an acre, but yet pound them into the ground economi- billions of dollars of money spent in we are proposing in this bill to pay cally. That is what I am proposing to this bill, that we could not give a third $21,351.35 for what can be bought for do. of this money back to blue-collar work- $3,500 today? Why? Basically because What is this deal about suddenly the ers by repealing the marriage penalty. this bill is not about teenage smoking, Democrats want to cut taxes? What is So my goal is to offer the amend- except for about 10 pages of it. And 743 all that about? Well, what it is about ment. I hope it will be adopted. I think pages of this bill are about the most is, they think that if they can guaran- it is the right thing to do. I think it egregious kind of spending that has tee their Members that they will im- would marginally help this bill. But ever been observed anywhere in the mediately get the vote on a figleaf my objective is to see that if, in fact, history of this Government. amendment right after we have the we raise taxes on working people, that Mr. FORD. Mr. President, would the real vote, that they can get every Dem- we raise the tax to change the price of Senator from Texas yield? ocrat Member to vote against repealing cigarettes and therefore encourage peo- Mr. GRAMM. I will not yield. the marriage penalty. ple to quit smoking. I do not want to S5610 CONGRESSIONAL RECORD — SENATE June 4, 1998 simply raise the tax to spend money on marriage penalty, actually get a bonus. ment programs.’’ Well, in his State of endless Government programs, many of Fifty-two percent of the people who get Texas, there would be 360,000 less kids which have nothing to do with smok- married actually get a bonus because who would be eligible to have cessation ing. And the ones that have anything of the way the Tax Code works on the services made available to them. There to do with smoking, we have endless earnings of individuals versus joint fil- would be 3,869,000 kids between the redundancy in setting up community ings. He gives the bonus recipients ages of 5 and 17 who would not get action programs and international back money, too. school-based prevention programs as a smoking cessation programs and the If we are really concerned about re- result of his own proposal to strip that worst kind of duplicative bureaucracy. storing and repairing the notion of money out of the revenues from the to- The net result will be to hire tens or fairness for people who are hurt by bacco bill. That is what would happen. hundreds of thousands of people, spend their wage level and the fact that they That is what we are talking about hundreds of billions of dollars, every buy cigarettes, and you will try and fix here. We are talking about whether or penny of which will come out of the the marriage penalty at the same time, not there will be cessation programs, wallets and purses of blue-collar work- then we believe the Democrat alter- whether or not there are going to be ing Americans. native is a better alternative. The rea- counteradvertising efforts, all of which Finally, let me say that someone son the Republicans don’t want to let have been proven to work. suggested that if we repeal the mar- us have the right to vote on it right So what you really have out here is a riage penalty, it might help couples away is because it is a better alter- fundamental effort to try to kill the where the wife stays at home and native and they are afraid what they bill or stop the bill or just let it go on works in the home. If that is a criti- really need is some time in between and on forever. The Senator from cism, please note me down as having them so that the vote which is hanging South Dakota, the minority leader, been criticized. I do not have any out there—the only vote that people was absolutely correct. There is a apologies to make. will see—the public might get mad and whole world of difference between the I think the people who do the work telephone Members and say, why didn’t way this bill is being shepherded versus and pay the taxes and pull the wagon you vote for this, because they won’t the way every other piece of legislation in this country pay too much in taxes. know there is an alternative. That is that has come to the floor this year, I am not happy that we are getting the game that is going on here. where there have been time agree- ready to sock them with another $700 Under the other alternative, the ments, cloture motions filed imme- billion of taxes. If I can, through my Democrat alternative, because we diately, immediately limited debate, modest involvement, see that they get make an effort not to wind up taking limited number of amendments—move a third of the money back, so that we money from kids that we are trying to the legislation. We can tell the dif- get the impact on smoking without im- stop smoking, not to take money from ference between those who would like poverishing blue-collar workers, I want a cessation program, not to take to pass legislation or work on it, I to do it. And that is what I am trying money from the counteradvertising, think, in a way that will move this leg- islation to some kind of a final disposi- to achieve. and we regard people who, when they I yield the floor. got married got rewarded by getting tion. The fact is that there is a world of Mr. KERRY addressed the Chair. more money under the Tax Code—how difference between adequately taking The PRESIDING OFFICER. The Sen- can you justify that under these cir- care of those efforts that will have the ator from Massachusetts. cumstances if this is the tradeoff? most impact on a proven basis in help- Mr. KERRY. Mr. President, all that The fact is that under the amend- ing to prevent kids from smoking ver- the Senator from Texas has said sure ment the Democrats are prepared to sus the kind of approach that the Sen- sounds good when it gets a one-sided offer we give almost double the amount ator from Texas is offering. I would airing. But, fortunately, the Senate of money that you get under the like to vote to cut the marriage pen- has an ability to look for the truth amendment from the Senator from alty. I would like to vote to do away here. And the truth is that this is not Texas. For a couple with a split in- with the whole thing. The question is, a Democrat bill, this came out of the come, say they are earning $35,000. One Are you going to do it here, when the Commerce Committee 19–1—19–1—in a is earning $20,000 and the other is earn- choice is between reducing kids from bipartisan vote. ing $15,000. Under the Democrat alter- And the fact is that the Senator from smoking or not? That is really what it native they would get $3,000 back; comes down to when you look at the Texas talks about wanting to take only under the Republican alternative they large amounts of money the Senator one-third of the money. But he doesn’t would get back $1,650. Similarly, for a from Texas is seeking to take. just take one-third. No, he just doesn’t couple earning $50,000, if it was split We have offered a compromise. We tell the full story. The Senator from $25,000 and $25,000 of income for each have offered to sit down with the Sen- Texas is not prepared to let the Senate partner, in our alternative they would ator from Texas to try and arrive at a and the American people know what get $5,000 back; under the Gramm al- lesser amount of money and see if we his amendment really does. ternative they would get the same can’t come to some agreement as to So we will show you what it really $1,650 as they would have gotten for the what would be reasonable. I think most does. It cleverly, in the first 4 or 5 lesser amount. people on our side of the aisle would years, takes one-third, but then it So we ask Americans to look care- welcome the opportunity to change builds up, and over the course of the fully. Here is a legitimate proposal to some part of the formula of how these next 20 years it takes 53 percent over 5 change the penalty of the marriage moneys are spent and certainly envi- years, 80 percent over 5 years, 79 per- tax, to fix it for the people who are sion the capacity to embrace a tax cut cent over another 5 years, and 73 per- most penalized and to benefit people in an appropriate form and shape and cent over the next 5 years. So consist- who are, in fact, most injured. That is size—in that context. But if there is a ently for a period of 20 years it takes the difference between the two. That is genuine effort to do this, then we more than 50 percent, and for 15 of what people will have an option of vot- ought to be able to make that happen. those years more than 75 percent. That ing on if we are permitted to vote on it If there is simply an effort to grab so is extraordinary. in some simultaneous form. Obviously, much money that this bill goes under He stands here and says to the Mem- our hope is we will still be permitted to of its own weight, it will be very clear bers of the Senate, ‘‘All I want is’’— do that. whose intention was what, and ulti- what? 33 percent, one-third. That is Under the amendment from the Sen- mately what the impact was as a result just not the truth. The truth is that ator from Texas, he would, in fact, ac- of that. this amendment of the Senator from cording to the Centers for Disease Con- I yield the floor and I suggest the ab- Texas not only goes to the people he trol, he would take money out of the sence of a quorum. talks about, those working Americans cessation and counteradvertising and The PRESIDING OFFICER. The who will get so brutally attacked, but school-based prevention. clerk will call the roll. he is going to give money back to peo- Now, he complains this bill is some- The bill clerk proceeded to call the ple who, under the aberrations of the how going to throw money at ‘‘govern- roll. June 4, 1998 CONGRESSIONAL RECORD — SENATE S5611 Mr. ASHCROFT. Mr. President, I ask sults on the relationship between high- ter is that 59.4 percent of all the indi- unanimous consent that the order for er tobacco taxes and youth smoking to viduals who will be paying this tax, ac- the quorum call be rescinded. the American Economics Association cording to the best estimates we have, The PRESIDING OFFICER. Without at their annual meeting in January of will be individuals whose income is less objection, it is so ordered. 1998. This is a current study. This stud- than $30,000 a year. Mr. ASHCROFT. Mr. President, I am ied young people and the way they re- So we have a massive tax bill, three- pleased to have an opportunity to par- spond in the modern culture. It con- quarters of a trillion dollars, focused ticipate in this debate regarding the cluded that higher taxes have little ef- on the lowest income people in Amer- so-called tobacco settlement. My un- fect on whether young people start to ica, on the presumption that it will derstanding of this bill does not com- smoke. Little effect. curtail smoking among young people. port with the understanding that has Here is what the study concluded: But the best academic research we been recently voiced on this floor by Taxes are not as salient to youth smoking have indicates that young people are the Senator from Massachusetts. It ap- decisions as are individual characteristics not sensitive to price. As a matter of pears to me this bill, which is a very and family background. fact, the study conducted by Cornell comprehensive bill, the dimensions of In other words, whether children University, funded by the National which are so substantial that they de- begin smoking doesn’t relate to taxes Cancer Institute, indicated that there serve clear inspection—we are talking near as much as it does to family back- is little or nonexistent impact by that about a major piece of legislation, a to- ground and characteristics of the chil- kind of tax in terms of curtailing bacco bill which includes this kind of dren. smoking by young people. This is a specificity. We are talking about a bill This study, which followed 13,000 study done by the folks at Cornell Uni- that has 17 new boards and commis- young people for 4 years, says: versity, which is a well-respected insti- sions. We are talking about a bill that We find little evidence that taxes reduce tution. We would expect that the Na- would add taxes of about $885 billion at smoking onset between 8th and 12th grades. tional Cancer Institute would fund a the maximum over the course and life They estimated that a $1.50 tax in- study that is fairly done. It studied a of the bill to the budgets of Americans. lot of children, and 4 years is a long pe- These aren’t costs that go to the to- crease would decrease the smoking onset by only about 2 percentage riod of time. We would not expect this bacco company. These will be addi- study to have been done in a slipshod tional costs to the people. points, from 21.6 percent of the 12th graders to 19.6 percent of the 12th grad- manner. It does come to the conclusion I question whether or not this kind of that indicates this isn’t a very produc- bill deserves the full examination and ers. When you suggest that the change in tive way to try to curtail youth smok- the full discussion of this Senate; that ing. The economists stated the study is a serious question. I have a suspicion the smoking habits would be that small—they had to conclude as follows, raises doubt about the claim that tax that some individuals want to curtail or price increases can substantially re- debate on this bill because the bill is fi- and I will quote from the report of Cor- nell University, a report funded by the duce youth smoking. nally being seen. There is a dawning. Well, obviously, there are very seri- The light of day is beginning to shine National Cancer Institute, which put it this way: ous doubts. But there is no doubt about on this bill. The American people are what this bill is about. It is about an Our data allow us to directly examine the seeing that 98 percent of the people are $885 billion increase in the taxes to be being taxed, while only 2 percent of the impact of changes in tax rates on youth smoking behavior . . . focused on low-income individuals in teens smoke. The 98 percent of the peo- the United States. ple that are being taxed are having In other words, they said they had Let me just cite another study. their costs go up astronomically. Not enough data to draw conclusions. Economists at the University of Mary- only are they having their costs go up . . . and our preliminary results indicate land and the University of Chicago con- astronomically, they are having their this impact is small or nonexistent. ducted a similar study that analyzed costs go up on an assumption that if So this massive tax increase—$868 data concerning more than 250,000 high you raise the cost of cigarettes by 10 billion to a new estimate of $885 bil- school seniors for the period from 1977 percent, you get a 7-percent decrease in lion—on the American people, over the to 1992. Now, this is a longitudinal the amount of utilization by young course of the life of this settlement, is study; you get from 1977 to 1992, so it is people. That is an assumption that the supposed to produce some kind of a re- a 15-year-long study. This is the largest studies do not bear out. As a matter of duced incidence of youth smoking. Yet, sample ever used for a study on the fact, the most recent studies indicate the very best data from the latest stud- subject. So you have a quarter of a mil- that an increased cost of cigarettes ies, sponsored not by the tobacco peo- lion students studied over a 15-year pe- will not curtail young people from ple, but by the National Cancer Insti- riod. smoking. It is simply not the case. At tute—a 4-year study—indicates that Here is what they found. They found best, the studies are inconclusive. At the taxes would have a small or non- the relationship between price and worse, they show that there is little existent affect. youth consumption is ‘‘substantially correlation between a price increase That reveals what this bill is all smaller’’ than suggested by previous and reduction in youth smoking. about. It is about big Government. It is studies. Let me give you some statistics about big taxes. It is about new agen- In addition, not only do we have the about this. The Cornell study was a cies. It is about an invasion of the tax- Cornell study on this idea that you can study that followed 13,000 children for 4 payers’ pockets. It is striking to note reduce smoking by 7 percent with a 10- years. This was not something that was that there is $350 million a year in this percent price increase, which says that cooked up and done in response to the bill. And with the 50 States, that is $7 it is nonexistent or would have little tobacco industry, or someone like that. million per State. That is $7 million impact at all, but this other study was It was done at Cornell University, and per State, on an average, that goes done by the University of Maryland it was a National Cancer Institute- overseas to fund studies in foreign and the University of Chicago over a funded study, so that the funding for countries about how costly cigarette 15-year period on a quarter of a million this study is credible funding. Here is smoking is in those cultures. students. It says there is a substan- what the study found: For the life of me, I can’t figure out tially smaller than previously sug- . . . little evidence that taxes reduce why we want to have Government bu- gested link between taxes and smok- smoking onset between 8th and 12th grade. reaucracy, funded by a tax on the lower ing. So in that critical exposure period income people of the United States of Many of us could just look at the cir- between 8th and 12th grade in school, America, to make it possible for Third cumstances that we see around us and there is very little evidence that in- World countries and others overseas to have an idea that price isn’t the pri- creased taxes would reduce the kind of have studies on how costly smoking is mary objective or consciousness on the growth in the numbers of individuals in their culture. A number of individ- part of young people. When we look at smoking. The economists that con- uals would prefer that they have it not young people wearing $140 tennis shoes ducted this study presented their re- be so costly here. The truth of the mat- because they have a certain logo on S5612 CONGRESSIONAL RECORD — SENATE June 4, 1998 them, I think we can get the idea that What we really have from our experi- This point was echoed by the govern- there is something in addition to price ence of observing Canada is that teens ment’s lawyer defending the FDA to- here; there is status and statement, aren’t very much affected by price. bacco rule, who told the U.S. district which are very important to young That confirms what the study indi- court, ‘‘[P]rice, apparently has very lit- people. Price becomes irrelevant in the cated at the University of Maryland tle meaning to children and smoking, context of status and statement. and Chicago. It confirms what the Cor- and, therefore, they don’t smoke ge- Let’s get out of the area of studies nell study indicated. It confirms what neric cigarettes. They go for those and look at what happened when price happened in California. What happens, three big advertised brands.’’ increases have been put into effect. In as a matter of fact, is that teens are All of a sudden, we come to this place 1989, California raised its cigarette ex- not affected very much by price. The where we are going to pile on the taxes, cise tax by 25 cents per pack, but there fact that is ignored by those who argue pile them on low-income individuals. is no evidence that cigarette smoking teen smoking declined in Canada due Those making less than $30,000 a year declined. Now, this was an 11 percent to the significant tax increases is that will pay nearly 60 percent of this $885 increase of the tax. That is a major in- youth smoking declined in the United billion tax burden. And we are doing it crease. If we were to see that kind of States by 30 percent during the same in the face of the information of these increase, we would expect there to be a period—from 1977 to 1990—without a university studies that are current, decline. No evidence of a decline. As of price increase. that are recent; in the face of the data 1994, researchers were ‘‘unable to iden- There are times when teen rates of from California, and data in Great tify a decline in prevalence [among 16- smoking haven’t gone up in either cul- Britain; and in the face of the Federal to-18-year-olds] associated with the im- ture. If they were parallel in both cul- Government’s lawyer arguing in the position of the excise tax.’’ tures as a result of other factors, and U.S. district court in the FDA tobacco In Canada—and this is the most com- taxes went up in one and not in an- case where he said, ‘‘price apparently monly cited arena cited by those who other, it makes it pretty clear that the has very little meaning to children and want to have this massive settlement tax increase in one was irrelevant to smoking.’’ They aren’t affected by imposed on the American people at the whether or not teens smoked. Here we price. cost of more than three-quarters of a have a situation where we are imposing We have a situation where we have trillion dollars to the people. In Can- a tax on 98 percent of the cigarette had cloture filed on this bill. There are ada, our neighbor to the north, the fed- consumers who are adults on the pre- those who do not want the kind of de- eral government increased cigarette sumption that it will change the smok- bate about price and about taxes, about taxes in several stages in the late 1980s ing habits of the 2 percent who are the fact that the price isn’t really as and early 1990s—from $10.75 per thou- teenagers when the studies and the real significant as they would like to por- sand cigarettes to $24.34 in 1986 per world information simply do not bear tray on teen smoking. And if we slow thousand cigarettes, then to $38.77 in out this as a justification for this kind this bill down enough for people to 1989 per thousand cigarettes, and then of massive tax increase. look at it carefully, they might figure to $62.90 in 1991 per thousand ciga- In the United Kingdom, between 1988 rettes. and 1996, the per pack price of ciga- out that this bill isn’t what is needed So you go from $10 per thousand, or rettes was increased by 26 percent. Al- at all. Certainly, most people do not about a penny a cigarette, to 6 or 7 though cigarette volumes fell by 17 per- think we need another three-quarters cents per cigarette, over the period of cent, the percentage of weekly smokers of a trillion dollars in taxes focused on time. So you had an increase, at first, aged 11 to 16 went from 8 percent in the hard-working, lower-income indi- of a penny per cigarette, and then an 1988 to 13 percent in 1996. So it turns viduals in America. increase of 6 cents per cigarette. Al- out in the United Kingdom the number This is a bill about taxes. It is a bill though it has been stated on the floor of youngsters who were smoking went about money. If you look carefully at by proponents of this legislation that up, even when the number of people this bill, it has everything from foreign smoking decreased during that period, smoking overall went down. It went up aid in it to more of the child care pro- they failed to talk about the years 1991 from 8 percent to 13 percent in spite of posals of President Clinton. It is time, to 1994. the fact there was a 26-percent increase if we are going to have taxes increased, Here is what happened. When the tax in the price of tobacco. that we do something constructive rates were the highest in that nation’s The University of Chicago, and Mary- with the tax increase, and we give it history, and when the tax rates were land, Cornell University, a study fund- back to the people in terms of respect- the highest in that nation’s history ed by the National Cancer Institute, ing an institution which America has during that period, smoking rates the experience in California, the expe- long understood to be at the core of the among 15- to 19-year-olds rose from 21 rience in Canada, the experience in potential for a bright future for this to 27 percent. That is a 25-percent in- Great Britain—these are experiences country. We are talking about the in- crease—more than a 25-percent in- which indicate to us that this is more stitution of marriage. crease in the number of teens smoking a bill about taxes than about increas- I commend Senator GRAMM who at the time when the cost of cigarettes ing the size of government. It is about brought to the floor a proposal which was at the highest in history. Frankly, sending the hard-earned dollars of indi- would eliminate the marriage penalty when the cost of cigarettes in Canada viduals in the United States overseas on individuals who are low-income in- was at the highest in history, I think it to fund these studies in other coun- dividuals, to say to them that we don’t is pretty clear from the testimony of tries, to provide a basis for a variety of think you should have to pay higher others on this floor that the black mar- interests in the United States being taxes merely because you are going to ket was operating the most aggres- well funded; but this is not a bill which be married; you are going to make the sively at that time. So we are probably addresses the issue of teen smoking in durable, lasting commitments of mar- seriously underestimating the fact that a responsible way. riage that are likely to be the basis for the growth was about 25 percent in the The Centers for Disease Control has strong families that are the foundation number of teens who were smoking. compiled data on brand preferences and the future of America, we don’t If the argument that rising prices which support the conclusion that think you should pay for that in terms will reduce teen smoking, it stands to young people are not particularly price of higher taxes. reason that youth smoking should in- sensitive. The ‘‘price value’’ or dis- Both Senator GRAMM and Senator crease as prices fall. If you are going to count segment of the cigarette market DOMENICI have indicated they would say that higher prices cause teens to comprised 39 percent of the overall cig- eliminate the marriage penalty for in- stop smoking, then lower prices would arette market in 1993. Yet, according dividuals making less than $50,000 a probably cause teens to start smoking. to the CDC, less than 14 percent of ado- year with some of the resources gen- However, a year and a half after sig- lescent smokers purchase generic or erated by this measure. Obviously, nificantly reducing tobacco taxes in other ‘‘value-priced’’ brands. On the av- there are those who are expecting to Canada, according to the ‘‘Survey on erage, the people were price sensitive, spend those resources on more govern- Smoking in Canada,’’ teen smoking but when you got to teenagers they ment programs and are terrified by the ‘‘remained stable.’’ weren’t. fact that we might think about giving June 4, 1998 CONGRESSIONAL RECORD — SENATE S5613 the money back to the people. You to be the only city in the world where third of those children who begin to have to understand this is at a time a bad decision, the decision to smoke, smoke will die early or need treatment when the U.S. Government is in sur- made by free people, becomes the basis for tobacco-related illnesses. So the plus. It is expected—even conservative for taxing those free people, taxing present $50 billion tax per year that the estimates—that there will be a $39 bil- them in ways that will make it very American people are paying will in- lion surplus this year, nearly $60 bil- difficult for them to provide for their crease. So I don’t know why it is so lion in surplus next year, and we families. hard for some people to understand shouldn’t be here debating how to My own view is that that is inappro- that if we do nothing and the present spend more of the taxpayers’ money. priate. We should reconsider the posi- trend continues, the tax burden on all We should be here debating how to give tion that is being offered here, and I Americans—high income, low-income money back. And Senators GRAMM and believe the kind of tax relief that has Americans—will go up, not down. DOMENICI, the Senator from Texas and been offered by the Senator from Texas I think it is also important to ad- the Senator from New Mexico, have and the Senator from New Mexico is dress the issue that seems to be talked come forward with a plan to reduce the kind of relief that ought to be con- about so much by opponents of the leg- taxes to the extent that you end the sidered in the event there are any taxes islation, about the burden that this marriage penalty and to say to people, in this measure. tax—I am beginning to do it myself— we are not going to penalize you for With that in mind, I will do what I that this increase in the cost of a pack having the durable, lasting commit- can to make sure that we have the op- of cigarettes will have on low-income ments of marriage that become the portunity to consider a variety of pro- Americans. foundation. posals which would extinguish and end First of all, to state the obvious, as Frankly, I am very enchanted by the the marriage penalty in our law, if the Senator from Missouri said, it was idea of eliminating the marriage pen- there are resources being collected a bad decision, and these people do alty, and this will not end the debate from the American people under the smoke, which is their choice. And I cer- on the marriage penalty. I will con- guise of a tobacco settlement. tainly sympathize with those who find tinue to offer amendments until it is Mr. President, I yield the floor. it nearly impossible or impossible to eliminated, whether this passes or not. Mr. MCCAIN. Mr. President, I respect stop. It is extremely difficult, because The marriage penalty is a pernicious the views expressed by the Senator it is an extremely addictive substance, attack on the values and principles of from Missouri. He has spoken long and but it still is a voluntary act. But also, America. It is time that we aligned the eloquently on this issue in the Cham- we find out, and it is very dishearten- policy of America with the principles ber. I did hear him just say that bad ing, that it is the children of lower-in- of the people of America. decisions by free people to smoke—bad come Americans whose smoking is in- I commend the Senator from New decisions by free people to smoke— creasing in America. And to somehow Mexico and the Senator from Texas for shouldn’t be taxed. feel that low-income or middle-income their outstanding work, but I think I am intrigued by that comment, es- or high-income Americans would not this cloture motion was filed because pecially since what we are talking do whatever is necessary not just for people are beginning to understand. about here is free children. I thought themselves but for their children I The idea is that, well, we filed cloture that the obligation of my party and think is contradictory to what I know on some other matters; maybe we Government was to care for children, and believe about the American people. should file cloture on this. I think that was to keep them out of harm’s way, Mr. President, we had not the most has been suggested. I don’t think that and do what we can to lead them into pleasant exchange that I have observed is the case. I think the people are be- better lives. in this Chamber recently, not the most ginning to understand this is a massive When the Senator from Missouri said unpleasant either, by the way, but it tax increase. And because it is, I think ‘‘bad decisions by free people,’’ I was wasn’t pleasant. Obviously, we have that cloture is inappropriate at this really sort of shocked, because the Sen- been on the bill now nearly 2 weeks. We time. We have a responsibility to de- ator from Missouri should understand know we have the press of other busi- bate what we will do with $885 billion the intent of this legislation. The in- ness. We know we have legislation that in revenue. I think it should be given tent of the legislation is to try to stop needs to be addressed—the Department back to the people who have paid it. companies that have been enticing the of Defense bill, 13 appropriations bills, With that in mind, I urge Senators to children—my children, all America’s and others are necessary. There is a oppose in every respect the motion for children—to take up a habit that is certain level of frustration that was cloture, to vote against it. This is a going to kill them. So it can be inter- manifested here. I believe we must measure which deserves the light of preted as a massive tax increase; that come to a point where we should decide day. It deserves the dawning of day. is what the latest media reports I see to end the debate—which, as I say, now The American people really ought to are—$60 million worth of attack ads has been going on for nearly 2 weeks— have a chance to look carefully at it, calling it a tax increase. That seems to or move forward with the bill. In the understand it, and to see it clearly. have been sort of accepted by the event of cloture, as we all know, ger- They ought to see it in the context of American people as fact. I guess if you mane amendments to the bill would what it seeks to do—tax individuals, spend enough money on an advertising still be in order. primarily low-income individuals, at campaign, it may have some signifi- I should also like to remind my col- very substantial rates—and the result cant effects. leagues of the consequences of going will be substantially more Govern- It seems to me that for Americans to off the bill. If we do not pass this legis- ment. The studies indicate that the im- believe that this is simply a reason to lation through the Senate and through pact on teen smoking as a result of tax them, then there has been a very the House and then in conference and that tax is very likely to be minimal, if significant effect. signed by the President, I think some existent at all. But I think we are all aware that think the issue will therefore disappear It is with that in mind that I think what we are trying to do here is cut from the American scene. Quite the we ought to take very seriously the taxes on the American people. You do contrary, Mr. President. The reality is proposals to abolish, to take the tax that by stopping people from smoking, that if the Congress does nothing, then out of this bill. And if we don’t do that, because right now $50 billion a year in there are 37, and perhaps more, attor- we ought to do what we can to give Americans’ tax dollars go to treatment neys general who are lined up to sue back the money which is collected of tobacco-related illnesses. And that the tobacco companies for the injuries from the hard-working people of Amer- $50 billion a year, Mr. President, is not that have been inflicted on the people ica. The idea that we should somehow a static number, because according to of their States. proliferate Government in response to the Centers for Disease Control, and I think there are several drawbacks this situation is an idea which, when other sources, children smoking is to this course of action. One of them, exposed to the full light of understand- going up in America; therefore, you are to state the obvious, is that the ing, will be rejected by the American going to have more people who need amount of legal fees that will go, the people. Certainly Washington appears treatment because approximately a amount of money that will go in the S5614 CONGRESSIONAL RECORD — SENATE June 4, 1998 form of legal fees, to the plaintiffs’ have, in a beneficial fashion, on chil- begin to smoke. We can debate whether lawyers will be dramatically higher dren in America. this is a good bill or a bad bill and how than that envisioned by this bill and, There are some on this floor who it should be changed, but there is one frankly, will be much higher than what have said raising the price of a pack of fact that cannot be changed, and that I would envision in an amendment that cigarettes will not do it, these ces- is what it is doing to the young people will be passed in the Senate which will sation programs don’t do it, et cetera. of America. place further restrictions on attorneys’ I think they are entitled to their opin- So I would argue if, at the end of fees. ions on that issue, but I depend upon today, 3,000 more children have started Second, of course, is that it will be a the opinion of experts. I depend upon to smoke and 1,000 of them will die long, drawn out process. I do not think the opinion of every living Surgeon early, maybe we ought to spend more there is any doubt as to who would pre- General since 1973—every living Sur- time here and get this issue resolved vail. There have been trials in four geon General in America. Their letter and maybe not go home this weekend. States, all of which have not gone to a has long ago been made part of the Maybe we should spend this weekend jury because the tobacco companies, RECORD. They say that you have to debating this issue, trying to reach for obvious reasons, have chosen to set- have a comprehensive approach to this some conclusion. Instead, either late tle, the last being the State of Min- problem. I agree with every—literally tonight or early tomorrow morning we nesota—$6.5 billion was the agreement every—public health group in America, will all be gone. The majority leader by the industry. And along with that whoever they are, you name them—I just talked a little while ago about how agreement, with that settlement, was read the list of them into the RECORD hard it is to get people here on Mon- an agreement by the tobacco compa- the other day—who say you have to day. nies to do many of the things that have have a comprehensive settlement if Perhaps—perhaps—we will go to work maybe on Tuesday. Friday, Sat- been attacked on this floor. you want to stop kids from smoking. I urday, Sunday, Monday—4 days; 12,000 A massive tax hike? Guess what, the agree with Dr. Koop. I agree with Dr. young people will begin to smoke while price of cigarettes all over America Kessler. I agree with the eminent peo- we enjoy our extended weekend. went up 5 cents because of the require- ple in America who have spent their ment to settle the Minnesota case. I I believe that we should try and keep lives, literally, on this issue, who say that in mind. My argument, Mr. Presi- think it is also of some interest that don’t think you can solve it by just a dent, in a rather drawn-out fashion, is the $6.5 billion that the tobacco indus- simple tax increase. that there are compelling reasons why try agreed to is roughly double the I would also like to say I think the we should act on this issue either one amount that would have been received States deserve reimbursement. We, on way or another. Maybe in the wisdom under the settlement that was an this side of the aisle, at least, have al- of the Senate this is not a good piece of agreement entered into between the at- ways advocated a situation where we legislation, and we should drop it. But torneys general and the tobacco indus- try to reduce the financial burden on let’s go ahead and drop it sooner rather try. So the cost, if you go on a State- the States. We are always pleased and than later so that the process will by-State basis, assuming that they all proud when we pass things like no un- begin in the other 36 States that have either settle or juries award large set- funded mandates and return money to sued the Federal Government; the addi- tlements, then the cost goes up. And the States to use however they want, tional 10 that, I am sure, will be in the so-called tax, massive tax that is so since, after all, it is theirs that they line; so that the plaintiffs who have concerning to many of my colleagues, send to Washington, DC. If we do not suffered injury and the relatives of is higher. When you extrapolate it out do this settlement, of course, there will those who have suffered deaths because over all 40 States that are in court— be no money that goes back to the of tobacco can begin their trip to the and I imagine the other 10 would join States; it will all just come to the Fed- courthouse so that they can receive the sooner or later—then that is more eral coffers, and bureaucrats will then compensation they feel they deserve money added to the cost of a pack of decide, or one can make the case that because of what happened to them as a cigarettes than envisioned by this leg- the appropriators will decide. result of years of tobacco—whether islation. So the Senator from Missouri made they deserve that or not is up to a But let me tell you what bothers me an eloquent argument that we should judge and jury—but especially the at- the most about having these cases go continue debate on this issue and that torneys general awaiting to see what to the States—which they will. I would we should not cut off debate because the U.S. Congress does. I hope that we like the Senator from Missouri to find the American people need to be better can act in as rapid and efficient fashion me one legal expert in America who informed. I would say to the Senator as possible. does not believe that the day that this from Missouri, who I note is here on I remind my colleagues that I was legislation leaves the floor of the Sen- the floor, they have been pretty well asked, as chairman of the Commerce ate there will be, in the words of a informed by somewhere between a $60 Committee, to bring this bill to the well-known plaintiff’s lawyer, a ‘‘rush million and a $100 million tobacco ad- floor of the Senate and to get it to the courthouse,’’ not only by the at- vertising campaign by the tobacco through my committee. We had a full torneys general but by many of the companies. They have been pretty well day of markup, and I am in disagree- plaintiffs’ lawyers in America. saturated in that area. Most major ment with the remarks the Senator But what bothers me the most about pieces of legislation—the expansion of from Missouri made the other day this, and the reason I am saddened a NATO, for example—in the 12 years about discouraging amendments. I, in bit to contemplate it, is the fundamen- that I have been here, almost every fact, encouraged amendments, and the tal purpose of this legislation is to act major piece of legislation takes about 2 Senator from Missouri had several as soon as possible to stop the children to 3 weeks. And, of course, that is only which were voted on. They had to do from beginning to smoke. The day the the largest legislation that we con- with product liability. They didn’t President signed this bill, massive sider. have anything to do with reduction of amounts of money would be spent to I also think there are many, many taxes. But that was the right of the begin youth smoking cessation pro- organizations out there who are in- Senator from Missouri. grams. Large amounts of money would forming the American people. But, I don’t believe he could find any of be spent on research, not only to find again, far more important than that, my colleagues who would argue that out what causes kids to smoke, but there are people who are suffering from there wasn’t a full addressing of that also to find cures for these terrible dis- very terrible diseases as a result of legislation during that day. At no time eases, the largest causes of death in their use of tobacco, and the sooner we did I try to cut off anyone’s right to America—the heart disease, the lung get money into research and find cures propose an amendment on a piece of cancer, the emphysema—the terrible for these terrible diseases, the better legislation that serious. In fact, if I re- ways that people die as a result of the off they will be and we will be as a na- member, I was somewhat entertained use of tobacco. So, all that will be de- tion. Every single day that we debate the Senator from Missouri even pro- layed. And the most terrible delay, of this issue and not bring it to some con- posed as an amendment a piece of leg- course, will be the effect that we could clusion or the other, 3,000 children will islation which I and Senator June 4, 1998 CONGRESSIONAL RECORD — SENATE S5615

LIEBERMAN have cosponsored, which of cigarettes by teenagers illegal or in- companies as much as I am about the was his right. But I don’t believe that appropriate in the bill. people of the United States. They are anyone was shorted during that very This Congress has authority over the the ones who deserve reimbursement, if interesting markup. In fact, literally District of Columbia. If we really were anybody deserves reimbursement. every Senator on the committee was serious about saying it is wrong for And here we have an elevated taking heard from and, again, in my 12 years youngsters to have cigarettes or to by the Federal Government, another on the committee, I have never seen have tobacco or thought it inappropri- three-quarters of a trillion dollars over nor been part of such an extensive ate, we could make it illegal for them, the life of this bill—taking from these markup as took place on this bill in but this bill doesn’t do that. people instead of giving to them. We the Commerce Committee. What does this bill do? This bill come to do this at a time when the I was asked to bring this bill to the raises taxes. It creates new government Federal Government is looking at a floor, and it was reported out of the programs. It funds the priorities of the revenue surplus. committee by a 19-to-1 vote. Then the Clinton administration. It is an $885 It just seems to me that we ought to majority leader scheduled it for floor billion tax increase, and who pays the be debating how to give back the debate, which is the responsibility of tax? The tax gets paid by low-income money to the people rather than tak- the majority leader. individuals. Mr. President, 59.4 percent ing these resources from the people. I I, along with the Senator from Mas- of the individuals who will be paying do not object to amendments. I do not sachusetts, have tried to manage this this tax will be individuals who earn object to a UC which would allow fur- bill. But I say to my colleagues, there less than $30,000 a year. ther amendments. Very seldom do we is no point in us staying on this bill Some have said, ‘‘Well, we should be have bills here where we get it right forever. It is obvious that we won’t. voting on amendments.’’ I agree we the first time. I think it is good to For example, today we have not had a should. There was a unanimous consent have debate on these issues. I think it single amendment voted on, and we order proposed today which provided is good that the studies be brought for- seem to be hung up in some kind of for votes. I agreed to it. I didn’t stop it. ward. It is good that the people have an parliamentary maneuvering which The majority leader proposed it. He opportunity to see exactly what the some observers might say is a reason proposed to have votes to lay these community has been able to decide to impede the progress of the bill, be- issues in a context where they could be when it has observed the facts, the re- cause we all know we don’t stay on any dealt with, where they could be voted ality of situations not only here but in piece of legislation forever. on, where they could be disposed of, other settings. I hope we can work out our dif- and those on the other side of the aisle It is with that in mind, I believe it is ferences. There are pending amend- rejected it. important to move forward with the ments. There is a very important drug We can’t have it both ways. We can’t amendments, like that of the Senator amendment we would have liked to say that this is a bill which is going to from Texas and the Senator from New have brought up today. I don’t know if stop people from smoking and we are Mexico which would abolish the mar- we will. It is nearly 4 o’clock now. But going to collect $885 billion when they riage penalty, to say to those families, I believe it is important that we either do smoke. If they stop smoking, the ‘‘We want you to be able to have the move forward and resolve the issue, or money won’t be there. What we all kind of right to deploy your own re- we go on to other issues that are com- know is they are going to keep smok- sources rather than have Government pelling issues as well. The Department ing; that is why the money will be spend the money. And we don’t think of Defense authorization bill—and I am there. we should penalize you because you a member of the Armed Services Com- We can’t say this will help the chil- have involved yourself in the durable, mittee—is waiting to be debated and dren of poor families when we are going lasting commitments that form the resolved. It is very important that we to make the poor families pay $1,200, basis of the family,’’ the most impor- address the needs of the men and $1,600 a year in taxes and take that off tant institution in our culture. women in the military and our Na- the table of those families and out of So it is with that in mind that I have tion’s security. There are many other their budgets. We can’t say we are risen to criticize this bill and to pieces of legislation that are awaiting going to stop teens from smoking when unmask it. This bill is substantial. It action on the part of the Senate, which we don’t even care enough to make it has more pages than the average per- argues that we proceed with this legis- illegal for teens, where we have juris- son probably reads, more pages than lation or move off it. diction, to possess cigarettes. the average Senator reads. And reading I would feel rather badly if we do, but This is a tax bill. It is a massive tax this bill is important. It is in here that I also point out that, in my own very bill. It is a massive government bill. It you find out about the Federal pro- subjective view, I would have done promotes government agencies not grams that are tucked away, the man- whatever I could to see that this issue only in the United States but overseas. dated spending for the States. It is in was brought to completion. There is $350 million each year in this here that you find out about the kind Mr. President, I yield the floor. bill to send overseas, so that countries of special limitations that were to be Mr. ASHCROFT addressed the Chair. overseas can conduct studies about provided to the cigarette companies in The PRESIDING OFFICER. The Sen- what it costs to smoke in other coun- terms of their liability. If you care so ator from Missouri. tries, not the United States of Amer- much about the children, why limit the Mr. ASHCROFT. Mr. President, I ap- ica. amount of money in damages that to- preciate the fact that people want to I think this is the kind of priority bacco companies would have to pay in? make this a bill about cessation of teen that no wonder people don’t want this Why provide them with a special sanc- smoking. I want teens not to smoke. It bill slowed down enough for the Amer- tuary? puzzles me, though, that they look past ican public to see: Taxing people who It is this bill that deserves our con- the studies: Cornell University, with make less than $30,000 a year in the sideration. It is in here that you find 13,000 students showing that price United States to fund studies overseas the massive tax increases and the doesn’t make much difference at all to so that they can conduct studies about spending on new and other programs. I them. They look past the University of what it costs to have cigarette smok- believe we ought to add to this that if Chicago and University of Maryland ing in other countries. I don’t believe we are going to have taxes, we will give saying that price is way overrated. that is what Americans are interested the taxes back by way of saying, as the They look past the experience of Can- in. That is not going to help young peo- Senator from Texas and the Senator ada when price was going up dramati- ple in the United States. from New Mexico have said in their cally, smoking was going up among The Senator from Arizona says the proposal, the marriage penalty ought young people. They look past the States deserve reimbursement. He said to be abolished for individuals making United Kingdom where smoking went this is hard on the States, and then he $50,000 or less. I would abolish it for all up among teens when price was going sort of bragged about how hard this is individuals. And, frankly, I am going up, and they talk about teen smoking, on tobacco companies. I am not wor- to continue offering amendments about and yet they don’t make the possession ried about the States or the tobacco the way to spend the money, not to S5616 CONGRESSIONAL RECORD — SENATE June 4, 1998 spend it through Government but to the durable commitment, the lasting ip Morris, less than a year ago, told ev- send this money back to the American bond that comes when people are mar- eryone involved in the tobacco indus- people. They earned it. They should ried and are now penalized for that in try negotiations that, ‘‘Children are have the opportunity to spend it. The our Tax Code. This would be an oppor- three times more price responsive than idea, ‘‘You send it; we spend it,’’ being tunity, according to the plan of the adults.’’ the slogan of this place is a bad idea. It Senators from New Mexico and Texas, That is the chief financial officer for should be, ‘‘You earned it; we returned to alleviate that. Philip Morris. it.’’ I yield the floor. The National Academy of Sciences, It is not wasted on me that the clo- Mr. McCAIN addressed the Chair. in its 1998 report, ‘‘Taking Action to ture motion was filed when the debate The PRESIDING OFFICER (Mr. Reduce Tobacco Use’’—the Institute of on the marriage penalty got going. A ENZI). The Chair recognizes the Sen- Medicine and the National Academy of lot of people don’t want to unmask the ator from Arizona. Sciences concluded that ‘‘the single policy of this country that we penalize Mr. McCAIN. Mr. President, very most direct and reliable method for re- people for being married. A lot of peo- briefly, the Senator from Missouri ducing consumption is to increase the ple don’t want to debate the issue of states that there are many studies and price of tobacco products, thus encour- whether we should have all these new documents that indicate that increas- aging the cessation and reducing the programs or whether we should give ing the price of a pack of cigarettes level. . ..’’ people the money back that they will not have an effect on kids smok- This list goes on and on. I know the earned and we took from them merely ing. Senator from West Virginia was here a because they were married. Let me refer him to the people who second ago and wants to talk. I do not blame people for not wanting know it best, the absolute ultimate ex- The 1994 Surgeon General’s report to reveal if they are against wanting to perts on the cost of a pack of cigarettes preventing tobacco use among young give the American people their money in America—the tobacco companies. I people—now, the Surgeon General is back, that if the American people learn say to the Senator from Missouri, in fairly well respected—reached the con- we are taking their money simply be- the documents revealed by the tobacco clusion that increases in the real price cause they are married, that we have companies themselves, a Philip Morris of cigarettes significantly reduce ciga- the opportunity to give it back but we document: rette smoking, and that the young peo- would rather give it back to programs In any event, and for whatever reason, it is ple are at least as price sensitive as here in Washington or even overseas. clear that price has a pronounced effect on adults. That is an embarrassment. It is no the smoking prevalence of teenagers. . .. The 1998 Surgeon General’s report wonder individuals want cloture filed I hope that the Senator from Mis- issued within the last month agrees and feel we should shut down debate. souri would read from the documents with this conclusion. I do not want to shut down debate, that the tobacco companies themselves What is important, though, really, but we should move forward with tax had to disclose because of court order. are the tobacco companies themselves. relief for the American people, and we Philip Morris: The following quotes I say if you can believe anybody, should be very reluctant about impos- are from a Philip Morris 1981 document maybe you might believe the people ing $885 billion of new taxes in the based on the company’s review of re- who are in the business of enticing kids name of programs for which it is ac- search by the National Bureau of Eco- to smoke. cordingly suggested that somehow nomic Research on the impact of price Brown & Williamson: young people will not begin smoking. on tobacco use. Because of the quality The studies reported on youngsters’ moti- The idea young people start smoking of the work, the prestige and objectiv- vation for starting, their brand preferences at 3,000 a day—it may be true. If we can ity of the National Bureau of Economic as well as the starting behavior of children believe the studies at the University of Research has not changed in 30 years. I as young at five years old. The studies exam- Chicago, the University of Maryland, think we need to take seriously their ined younger smokers’ attitudes toward ad- Cornell University, if we can believe statement that, ‘‘If future reductions diction, containing multiple references as to the experience of California, Canada, in youth smoking are desired, an in- how very young smokers first believe they cannot become addicted only to later dis- the United Kingdom, the kinds of crease in Federal excise tax is a potent cover to their regret, that they are. things they have talked about in these policy to accomplish this goal.’’ Brown & Williamson: taxes here that are involved in this bill In any event, and for whatever reason, it is will not make a difference. clear that price has a pronounced effect on . . . nicotine is addictive. We are then in The truth of the matter is, the aca- the smoking prevalence of teenagers, and the business of selling nicotine, an addictive demic studies of thousands, tens of that the goals of reducing teenage smoking drug, effective in the release of stress mecha- nism. thousands, hundreds of thousands, indi- and balancing the budget would both be cate that to talk about taxes making a served by increasing the federal excise tax on RJR consultant: big difference in youth smoking is cigarettes. Happily for the tobacco industry, nicotine overstated. And these are not studies Philip Morris, in a quote from a 1987 is both habituating and unique in its variety by interest groups; these are studies by document: Philip Morris laments the of physiological actions. the National Cancer Institute; these teen smokers that it lost due to price I won’t go on except to summarize are studies by the University of Mary- increases. again from the Philip Morris docu- land, the University of Chicago, Cor- You may recall from the article I sent you ment: nell University. that Jeffrey Harris of MIT calculated . . . the In any event, for whatever reason, it is So it is time for us to understand this 1982 and 1983 round of price increases caused clear that price has a pronounced effect on debate is about taxes. It is a debate two million adults to quit smoking and pre- the smoking preference of teenagers. vented 600,000 teenagers from starting to about Government—big taxes, big Gov- smoke. Those teenagers are now 18 to 21 I imagine there are studies that the ernment; massive taxes, massive Gov- years old, and 35 percent of older smokers Senator from Missouri could produce ernment. smoke a PM brand. This means that 700,000 to which he referred. We are not even making illegal the of those adult quitters have been PM smok- The people who are the final experts possession of cigarettes for children in ers and 420,000 of the nonsmokers would have on this are the people who sold it to the District of Columbia. If we thought been PM smokers. the kids. And they know, and we all that was really important, we could A 1982 RJR document, on the tobacco know, that it is price sensitive as far as add that to this bill. No; that has not industry’s analysis that price increases kids smoking is concerned. To think been done. We just simply make it pos- have a significant impact on youth otherwise flies in the face of the over- sible for Government to grow. No won- smoking: This analysis actually cal- whelming body of evidence, not only in der people are uncomfortable, espe- culates the number of new smokers the words of the tobacco companies, cially when there is a proposal that lost among kids as young as 13 years but the Surgeon General of the United says we could allow families to grow by old, and every other age between 13 and States of America. returning the money to families and 18, if prices are increased. Philip Mor- We want to call it a tax, call it a tax. stop penalizing them just for having ris—the chief financial officer for Phil- Don’t say it isn’t going to affect kids June 4, 1998 CONGRESSIONAL RECORD — SENATE S5617 smoking, because the overwhelming on human rights, has really done some laws, including the provisions on ‘‘en- body of evidence says that it does. Ev- magnificent work, and I think this dangering state security,’’ which were erybody is entitled to their opinion but State Department report is extremely added to the criminal code in March of not everybody is entitled to the facts. important. 1997; and release unconditionally all I suggest the absence of a quorum. What we are going to call on the political, religious, and labor activists The PRESIDING OFFICER. The President to do in our amendment— detained for their peaceful, nonviolent clerk will call the roll. and we will have a vote on it next involvement. In other words, it is im- The legislative clerk proceeded to week. I think it is terribly important portant to understand, when someone call the roll. the Senate go on record before the like Wei is released, that releasing Mr. WELLSTONE. Mr. President, I President’s visit, because the President some individuals doesn’t deal with 2,000 ask unanimous consent that the order is going to visit China. Whether Sen- political prisoners that you have in for the quorum call be rescinded. ators think he should or not, the Presi- prison. That doesn’t deal with all sorts The PRESIDING OFFICER. Without dent is going to visit. I personally of prisoners in forced labor camps. The objection, it is so ordered. think it is not unimportant to be hav- President has to call upon the Chinese Mr. WELLSTONE. Mr. President, I ing a discussion with the Government Government to live up to basic human ask unanimous consent that I be al- there. I am not opposed to a discussion. rights standards—that is where our lowed to speak for 15 minutes as if in But the question is what kind of dis- country should be; that is what we morning business. cussion, what kind of visit, and what should stand for—and review the sen- The PRESIDING OFFICER. Without does the President say. tences of more than 2,000 who have objection, it is so ordered. At the very minimum, we are going been convicted of so-called Mr. WELLSTONE. I thank the Chair. to call upon the President to secure counterrevolutionary crimes with a f from China’s leaders a pledge to re- view toward granting full amnesty. move by a certain date the names on Mr. President, I come to the floor HUMAN RIGHTS CONDITIONS IN the official reentry black list, which today because it is the anniversary of CHINA AND TIBET now contains the names of more than the massacre at Tiananmen Square, Mr. WELLSTONE. Mr. President, 50 Chinese living in the United States and I think it is really important that earlier this week, I spoke of a resolu- who cannot return to China because of we speak up. I think the Chinese Gov- tion on China that I introduced and their advocacy of democracy and free- ernment would like nothing more than that we will offer as an amendment as dom. In other words, there are some for Americans not to speak up. I think soon as there is a vehicle to work with, people in our country who think the the Chinese Government would like for I think probably next week—certainly fact that Wei Jingsheng, who was re- the world to forget what happened. We before the President’s visit to China. I leased from prison, is now in our coun- cannot. But above and beyond that, I wanted to briefly summarize it. Let me try, exiled in our country is a sign he do not want this just to be dramatic in just say that I am really pleased to has his freedom. I doubt any American the worst way or symbolic. I think have the support of Senator LUGAR, would feel he or she was free if they what the President can do if he is going Senator DURBIN, Senator LEAHY and were exiled from our country and told, to visit China is not go to Tiananmen Senator FEINGOLD, and I think there if you come back to the United States, Square, certainly visit the families of will be very strong bipartisan support you will be immediately arrested. That the victims of Tiananmen Square, and for this, what will be an amendment. hardly represents freedom. So we want certainly give some powerful speeches The focus is on human rights condi- to make sure that by a certain date the and statements while in China which tions in China and Tibet. Let me just Chinese Government removes these call upon the Chinese Government to say I don’t come to the floor in a spirit names on this official reentry black- release people who are in prison for of bashing our President. Since our list. having committed no other crime than President will be the first head of state Second of all, that the President— to speak out for democracy and free- of our country to visit China since the and let me emphasize this. I empha- dom; for the President to say to the 1989 crackdown where really students— sized it this morning—visit family Government of China—frankly, we I see pages here—young people your members of the victims of the 1989 should be saying it to governments all age were murdered, gave their lives, massacre, many of whom still suffer over the world that do this—you can- and for the ‘‘crime’’ of just simply call- from political harassment, discrimina- not persecute people because of their ing for the country to be a democracy, tion, or persecution. religious practice or because of their I wish the President would not go to I will say in this Chamber: Mr. Presi- political viewpoint. We have to be on Tiananmen Square. I think that is a dent, if you are going to visit China, I the side of human rights throughout mistake. My worry is that regardless of hope you don’t go to Tiananmen the world. I really hope that next what statements the President makes Square. I hope you will give some week, if not tomorrow—the first oppor- about human rights in China—and I forceful speeches on human rights, but tunity I get I will bring this amend- hope he will make some powerful state- at the very minimum you could convey ment to the floor —we would get very ments—the symbolism of visiting that a very powerful message to the world, strong support for this amendment. very sacred place where students were to people in China, to the Chinese Gov- Mr. President, I see my colleague murdered will overwhelm everything ernment, and to these families if you from Nevada is here, and I will yield else and will be taken, will be used by would visit the family members, or the floor. the Government or will be interpreted some of the family members of victims Mr. BRYAN. Mr. President, first, I by people in China as reflecting a kind of the 1989 massacre, many of whom would like to thank my colleague from of carte blanche support of the Govern- today suffer from political harassment Minnesota for his unfailing courtesy. ment. I think that would be a mistake. and discrimination and persecution. I Mr. President, I ask unanimous con- Now, I want to refer to the State De- think that would be a powerful mes- sent that I might speak as if in morn- partment’s China country report this sage. I believe the President should do ing business for a period of time not to past year on human rights and prac- this. exceed 7 minutes. tices. This is not my report. This is our Third of all, I think the President ab- The PRESIDING OFFICER. Without own State Department report. solutely has to urge Chinese leaders to objection, it is so ordered. The Government continues to commit engage in a meaningful dialog with the Mr. BRYAN. I thank the Chair. widespread and well documented human Dalai Lama, with the aim of establish- (The remarks of Mr. BRYAN pertain- rights abuses in violation of internationally ing genuine cultural and religious au- ing to the submission of S. Res. 243 are accepted norms stemming from the authori- tonomy in Tibet. In the past year, mat- located in today’s RECORD under ‘‘Sub- ties’ intolerance of dissent, fear of unrest, ters have only gotten worse in Tibet. mission of Concurrent and Senate Res- and the absence or inadequacy of laws pro- No one is arguing to the contrary. No olutions.’’) tecting basic freedoms. one is arguing to the contrary. Mr. BRYAN. Mr. President, I yield I think the Assistant Secretary of The President must call upon China the floor and suggest the absence of a State, John Shattuck, who has focused to revise its vague, draconian security quorum. S5618 CONGRESSIONAL RECORD — SENATE June 4, 1998 The PRESIDING OFFICER. The With so much at stake for so many of dramatic evidence of industry wrong- clerk will call the roll. our children, it is truly irresponsible doing. That would not be fair. Even if The bill clerk proceeded to call the for the opponents of this legislation to every dollar intended for the States roll. practice the politics of obstruction. Let was taken to fund the Gramm amend- Mr. KENNEDY. Mr. President, I ask the Senate vote. ment, it would not be enough to cover unanimous consent that the order for There are two pending amendments the cost. the quorum call be rescinded. before us today—the Gramm amend- Does he propose to eliminate all The PRESIDING OFFICER. Without ment on the marriage penalty and the transition assistance for tobacco farm- objection, it is so ordered. Durbin-DeWine amendment on the ers and communities? It would not f youth smoking reduction lookback. I even cover one-third of the cost of the NATIONAL TOBACCO POLICY AND would like to address each of them in Gramm amendment. All of the remaining dollars are di- YOUTH SMOKING REDUCTION ACT turn. The pending amendment by the Sen- rected to smoking prevention, to smok- The Senate continued with the con- ator from Texas seeks to divert $52 bil- ing cessation, and to medical research. sideration of the bill. lion over the next 5 years away from These initiatives are the heart of the Mr. KENNEDY. Mr. President, the smoking prevention, away from smok- legislation. If we are serious about Senate debate on this landmark youth ing cessation, away from medical re- stopping children from smoking and smoking reduction bill began more search, and away from reimbursing saving lives from tobacco-induced dis- than two weeks ago. The time for de- states. He proposes to take 80 percent eases, we have to make these invest- bate on this legislation is rapidly draw- of all the money raised by the cigarette ments. Would the Senator from Texas ing to a close. Each of us has had propose that we take money from these ample opportunity to state our views. price increase and use it for unrelated tax cuts. No funds would be left for programs and use it to fund an unre- The Senate should commit to a vote on lated tax cut instead? How can we in final passage within a week. We owe it programs which are essential to reduc- ing youth smoking and to helping cur- good conscience raise the price of ciga- to our children who are being en- rettes and then refuse to fund pro- trapped into a life of addiction and pre- rent smokers quit. By offering such an amendment, the grams which will address the evils of mature death by the tobacco industry Senator from Texas shows his true in- smoking? These programs work. Let every day. tent. It is he who wants to convert this me give you a few examples: The opponents of this legislation Every dollar invested in a smoking have used every parliamentary tool at legislation from a youth smoking pre- vention bill into a piggybank for unre- cessation program for a pregnant their disposal to extend the debate and woman saves $6 in costs for neonatal to divert attention to unrelated issues. lated projects. Although he has com- plained that the tobacco bill is a intensive care and long-term care for They want to talk about every subject low-birthweight babies. The effect of but the impact of smoking on the na- piggybank that Democrats are using to fund new programs, in fact it is the the Gramm amendment would be to re- tion’s health. However, the real issue duce funds for these programs, and cannot be obscured by their verbal Gramm amendment which would hog 80 percent of the money taking resources that makes no sense. smokescreen. It is time for us to move The Gramm amendment would take which are needed to prevent young from talking to voting. funds intended to assist states and Americans from beginning to smoke Each day that the opponents delay communities to conduct educational and to help current smokers overcome final Senate passage of this bill, 3,000 programs on the health dangers of their addiction. These numbers speak more children begin to smoke. A third smoking. The tobacco industry spends for themselves. This tax cut was not of these children will die prematurely $5 billion a year—$5 billion—on adver- designed to help working families—it from lung cancer, emphysema, heart tising to encourage young people to disease, or other smoking-caused ill- was intended to destroy the underlying smoke. Shouldn’t we spend at least one nesses. smoking prevention legislation. tenth of that amount to counteract the The criticism of the Gramm amend- Each day that we delay, the price of industry’s lethal message? a pack of cigarettes will continue to be ment has been so strong and so wide- Counteradvertising is a key element affordable to the nation’s children, and spread that even the sponsor has of an effective tobacco control strat- more and more of them will take up agreed to reduce the size of the pro- egy. We know that if children are eas- this deadly habit. posed moneygrab. Under his new pro- ily swayed by the tobacco industry’s Each day that we delay, Big Tobacco posal, he only wants to take one-third marketing campaigns, which promise will continue to target children with of the revenue generated in the first 5 popularity, excitement, and success for billions of dollars in advertising and years and one-half of the money in suc- those who take up smoking, we can re- promotional giveaways that promise ceeding years. That would amount to verse the damage by deglamorizing the popularity, excitement, and success for approximately $60 billion over a 10-year use of tobacco among children with young men and women who start period. It would still cripple the smok- counteradvertising. smoking. ing prevention and cessation efforts Both Massachusetts and California Each day that we delay, millions of which are essential to effectively re- have demonstrated that paid nonsmokers will be exposed to second- ducing youth smoking. counteradvertising can cut smoking hand smoke. According to the Environ- All of the money raised by the ciga- rates. It helped reduce cigarette use in mental Protection Agency, secondhand rette price increase contained in the Massachusetts by 17 percent between smoke causes 3,000 to 5,000 lung cancer legislation is currently earmarked for 1992 and 1996, or three times the na- deaths each year in the United States— smoking related purposes: 22 percent is tional average. Smoking by junior high more than all other regulated hazard- directed to smoking prevention and students dropped 8 percent, while the ous air pollutants combined. Second- cessation, 22 percent is to be used for rest of the nation has seen an increase. hand smoke is also responsible for as medical research, 16 percent is for tran- In California, a counteradvertising many as 60 percent of cases of asthma, sitional assistance for tobacco farmers, campaign also reduced smoking rates bronchitis, and wheezing among young and 40 percent is to compensate states by 15 percent over the last 3 years. children. for the cost of medical treatment of The Gramm amendment also would Each day that we delay, tobacco will smoking related illnesses. There it is, take money from law enforcement ef- remain virtually the only product man- Mr. President. forts to prevent the sale of tobacco ufactured for human consumption that Which of these smoking related ini- products to minors, even though young is not subject to Federal health and tiatives would the Senator from Texas people currently spend $1 billion a year safety regulations, despite the fact eliminate? Does he propose to elimi- to buy tobacco products illegally. that it causes over 400,000 deaths a nate all compensation to the States for The Gramm amendment will dimin- year. In fact, Kraft Cheese is more their tobacco related health costs? ish funding for medical research on to- heavily regulated than Marlboro ciga- After all, it was the State lawsuits bacco-related diseases, which kill rettes, although both are manufactured which provided the genesis for this leg- 400,000 Americans each year and inca- by Philip Morris. islation and which exposed the most pacitates millions more. Given the June 4, 1998 CONGRESSIONAL RECORD — SENATE S5619 damage that smoking inflicts on the nately industrywide system to a pre- The PRESIDING OFFICER. Without nation’s public health, it make little dominately company-specific system. objection, it is so ordered. sense to divert tobacco revenues to tax This will dramatically increase the de- Mr. DOMENICI. Mr. President, I ask cuts when they could be directed to terrent influence of the look-back on unanimous consent that I be permitted finding a cure for cancer and other to- company policy. to proceed as in morning business for bacco-induced illnesses. Since tobacco The current McCain provision pro- up to 7 minutes. induced disease costs America $130 bil- vides for a maximum industrywide pen- The PRESIDING OFFICER. Without lion per year, it certainly is not cost alty of $4 billion, or about 20 cents a objection, it is so ordered. The Senator effective to reduce research spending. pack. The company-specific portion is is recognized to proceed as in morning In essence, the Gramm amendment extremely small, amounting to only a business. would destroy much of the public few pennies per pack. The Durbin- Mr. DOMENICI. I thank the Chair. health benefit this legislation is de- DeWine amendment provides for sub- (The remarks of Mr. DOMENICI per- signed to achieve. It would be a tragic stantial company-specific penalties, taining to the introduction of S. 2133 mistake. which in the aggregate could reach $5 are located in today’s RECORD under The goal of eliminating the marriage billion per year if companies continue ‘‘Statements on Introduced Bills and penalty for low and moderate income to flaunt the law and blatantly target Joint Resolutions.’’) families is a worthy one. It is shared on children. The amendment also provides f both sides of the aisle. However, it for an industrywide surcharge of up to TRIBUTE TO SENATOR BARRY must be accomplished in a way that $2 billion a year. GOLDWATER does not imperil our primary goal—pre- Through this important amendment Mr. DOMENICI. Mr. President, I venting youth smoking and helping we are speaking to the tobacco compa- want to just take a couple minutes to smokers overcome their addiction. nies in the only language they under- express my respects for Senator Barry I anticipate that an alternative stand—money. If they continue to tar- Goldwater. I was unable to attend the amendment will be offered which will get children, these companies will pay services yesterday with Senators. I was provide relief from the marriage pen- a financial price far in excess of the just getting over a very bad chest cold, alty without imperiling our smoking profits raised from addicting children. and I decided that I would try to re- prevention efforts. It will cost far less But if they are willing to cooperate coup a little here. I wish I could have than the Gramm amendment, and it in efforts to prevent teenage smoking, been there. will do a much better job of targeting the companies may never have to pay a Senator Goldwater was obviously an tax relief to those most in need. dollar of look-back surcharges. A unflinching patriot whose life, in many That is the difference between pre- strong, company-specific look-back, ways, mirrored the American experi- serving a viable youth smoking reduc- such as the one we are proposing, will ence. He was rugged, independent, and tion effort and destroying it. That is give the tobacco companies a powerful unarguably his own man. the difference between helping millions financial incentive to use their skill in I am deeply saddened by his passing. of smokers quit and leaving them at market manipulation to further, rather When I first arrived as a freshman Sen- the mercy of their addiction. That is than undermine, the public interest in ator, Senator Goldwater offered me en- the difference between advancing medi- reducing youth smoking. couragement, and when I became budg- cal research that can cure tobacco in- Each tobacco company must be held et chairman, provided inspiration when duced diseases and indefinitely delay- accountable for its actions on teenage I first tackled the tough budget issues ing it. smoking. The stakes involved are noth- we faced in the early 1980s. The second issue I want to address is ing less than the health of the Nation’s He was a dedicated American and the Durbin-DeWine look-back amend- children. For each percentage point Senator, always willing to fight the ment. It will assess increased sums for that the tobacco industry misses the tough battles. I was better for his fine noncompliance with the youth smok- target, 55,000 children will begin to support and his wise counsel. ing reduction targets. In addition, the smoke. One-third of these children will ‘‘Barry Goldwater cared deeply about emphasis will be shifted from industry- die prematurely from smoking-induced America. He believed that our Nation wide assessments to company-by-com- diseases. must always remain strong and that pany assessments, in order to more ef- This bipartisan amendment deserves Government should stay off the backs fectively deter individual tobacco com- the support of the full Senate, and I of our people and not stifle their inno- panies from marketing their products urge my colleagues to adopt it. vative spirit. As an American, he never to children. These two issues—the marriage pen- shied away from honestly stating his Big Tobacco knows how to hook chil- alty and the look-back—should be re- beliefs; and as a politician, he led by dren into a lifetime of nicotine addic- solved quickly. Once they are decided, example, not by polls. tion and smoking-related illnesses— there is little excuse for further delay. He will be greatly missed. And Nancy whether appealing through characters The remaining amendments can be and I send our sympathies and prayers like Joe Camel and the Marlboro Man, considered in a few days if we move to his family. through the prominent placement of conscientiously forward. There is no U.S. Senator Barry Morris Gold- tobacco advertising, or through a stra- valid reason why the Senate cannot water, born in Phoenix AZ., Jan. 1, tegic cut in cigarette prices. And Big vote on final passage by the middle of 1909, was elected to the Senate from Tobacco also knows how to stop ap- next week. If we do not, the American Arizona in 1952, and later was defeated pealing to children. people will know why. A small group of in his bid for the Presidency in 1964 by The purpose of the look-back is to willful defenders of the tobacco indus- Lyndon Johnson. Senator Goldwater give tobacco companies an overwhelm- try will have succeeded in obstructing served in the Senate until retirement ing financial incentive to turn their the work of the Senate on this vital in 1987. focus away from the youth market. issue of public health. On an issue of I served with Senator Goldwater. He Our goal is to influence every business this importance, which is literally a took me under his wing when I first ar- decision by taking the profit away matter of life and death, our constitu- rived in the Senate, and he was a good from addicting teenagers. ents will not tolerate such obstruction. counsel. The Durbin-DeWine amendment will Now is the time for the Senate to act. The first year I was the chairman of accomplish that goal much more effec- Mr. President, I suggest the absence the Budget Committee was 1981. tively than the current look-back pro- of a quorum. After the Senate finished the budget visions in the manager’s amendment. The PRESIDING OFFICER (Mr. bill Senator Goldwater sent me a letter It will substantially increase the total COATS). The clerk will call the roll. that I would like to have printed in the amount of the surcharges which com- The bill clerk proceeded to call the RECORD. panies must pay if youth smoking lev- roll. He would dictate these notes himself els do not decline in accordance with Mr. DOMENICI. Mr. President, I ask and they sound just like him. the reduction targets. It also shifts the unanimous consent that the order for He was an inspiration to us all and a payment obligations from a predomi- the quorum call be rescinded. very, very fine man. He will be missed. S5620 CONGRESSIONAL RECORD — SENATE June 4, 1998 Mr. President, I ask unanimous con- self, if America is being taxed too would yield precisely how much ought sent that a letter that I cherish from much already, shouldn’t something to be spent for some American pro- Senator Goldwater after my first ap- very high on the list of considerations grams that would help alleviate the pearance on the floor managing the for what to do with the increased reve- smoking problem, or even research budget bill be printed in the RECORD. nue be a consideration of lowering the more into the cause of cancer and try In his own manner, he would go back taxes on Americans? to cure it. Nobody knows what is the to the office frequently and dictate a Obviously, there have been some ar- right number, but everybody knows brief letter. This is one of those, which guments already, and there will be that as much money as this bill will he gave to me in 1981, as I started down more about the amendment which we raise is not needed for that. this long process trying to balance the offered which, hopefully, will be modi- Anybody in their right mind would U.S. budget. He gave me a little en- fied, that says let’s give back some of look at how much is coming in and how couragement and enthusiasm. I the taxes we pick up here to Americans much you need to do precisely the kind thought it might be good to just show who are suffering the penalty of a Tax of things that people say this bill what kind of person he was to younger Code that punishes people for being ought to do, and it is not close to the Senators like myself back in 1981, married and earning a living by both amount of money that is coming in. So along with all the things I wanted to spouses working. For they, in most that leads you to a conclusion, in my say. cases, pay more in taxes than if they humble opinion, that you ought to give There being no objection, the letter both had the identical jobs, at the some of this money back to the tax- was ordered to be printed in the same annual earnings, and were not payers of the country. I cannot believe we are so uncon- RECORD, as follows: married and filing separate returns— cerned about the taxpayers of this one of the most onerous, ill-conceived U.S. SENATE, country that we would sort of block off Washington, DC, July 3, 1981. uses of the Tax Code. this $700 billion in new revenues—if Hon. PETE DOMENICI, How in the world can we run around, that is what it is over 25 years—and U.S. Senate, as policymakers, and say we favor the say, look, the American people and Washington, DC. family and then add a burden of tax- their tax-paying requirements have DEAR PETE: When your class came into the ation to spouses, who are part of a fam- Senate something inside of me said, this nothing to do with this new tax im- ily, by taxing them more because they could be the best that every came along posed on them. Why not? Why do we are married and working than if they since you’ve been here. As I watched all of say that? We are adding to the tax you develop through the years, nothing has were single and working? That has to ‘‘take,’’ and we give no benefit to the happened to change that original opinion. be an absolutely absurd policy in light American people for these new taxes Your handling of the budget bill was done of the problems we have in this coun- in a superb manner, probably as well done as we are going to raise. try that are family oriented, and many Back to my argument. One way to any I have ever listened to and that includes of them have to do with income of fam- some real old pros. You did a wonderful job try to send a message and distinguish with it Pete. I am proud of you and I am ilies. between various approaches, which I going to watch your future with a great deal Secondly, it is obvious that every choose to call tax and spend it all, or of interest. You are going to go a long way. cent of a cigarette tax that we all of a another group who would say tax and With pride and best wishes, sudden came up with and has been de- give some of it back to the American BARRY GOLDWATER. bated on the floor as a tax that should people who already feel, in many in- f be $1.10, maybe $1.50, maybe 75 cents, stances—and they are right—that they and then for somebody to come to the NATIONAL TOBACCO POLICY AND are paying too much in taxes. floor and assume that whatever the YOUTH SMOKING REDUCTION ACT Now, that is why the Gramm-Domen- level is, every penny of it ought to be ici amendment is important. I have al- The Senate continued with consider- spent for new programs—now, that ready stated its precise purpose is to ation of the bill. isn’t the way it is said; it is said, new try to ameliorate the negative tax Mr. DOMENICI. Mr. President, I programs to do some great things. treatment on married couples, both of don’t know where the bill before the Well, I think everything the Govern- whom work, from a Tax Code which pe- Senate goes next, but obviously I have ment tries to do and spends money on nalizes that versus the same two people joined with Senator GRAMM in trying ought to be things we really believe are making the same amount of money, to make a statement about this bill. In important things, important aspects, but not married, and are part of a fam- the process of trying to do that, there important events, important projects. ily—they pay less. are many ways to make statements Now we are reinventing a bunch of new So the purpose is good, but the mes- and there are many ways to talk about ones, and then we are saying to the sage is completely different. The mes- what is in a bill, what is out of it, what States: You spend your money in very sage is, when you have this much new is not in the bill, to argue about what specific ways. revenue, shouldn’t you give some of it its value is, what its ultimate goal is, I don’t care who agreed to the ways back to the taxpayers of America? No- and what it might achieve. that we are going to send this money body is going to be able to come to this There is another way, and that is to back to the States to be spent, it seems floor, with our ability to proliferate in offer an amendment or amendments. to me the question has to be asked producing charts, and tell the Amer- There are a lot of amendments pend- first, How much is needed to direct a ican people with any credibility that ing. As I indicated, I don’t know how program that has a probability of suc- every single dollar coming in on this many of them are serious. I have five cess in terms of making our young peo- tax has a nice precise niche that it or six myself that I think are serious ple alter their smoking habits and quit should be spent for, all of which is that in due course I will offer. I would smoking? And nobody can say that you aimed at helping to try to get kids to like to discuss, from the standpoint of need a huge portion of this tax bill to stop smoking cigarettes. Or I am will- those who are wondering about the run advertisements on that, to have ing to add one—doing research and try- Gramm-Domenici amendment to cut programs in our schools or wherever to ing to prevent the diseases that come taxes on a very deserving group of try to inhibit that. That can’t come from smoking. Take the two together Americans, what it is all about. close to spending the amount of money and you could not produce a credible When you raise taxes on anybody in that is in this bill. chart showing how every penny in this the United States, you have to ask Mr. KERRY. Will the Senator yield? bill must be spent for that or you are yourself a very fundamental question Mr. DOMENICI. Mr. President, this is not doing your job. of what you ought to do with the taxes my first speech in a couple of days. I So I believe that, sooner or later, we you raise. Now, if America were am sorry. I will yield soon. In fact, I deserve an opportunity to have an up- undertaxed and we were taxing Ameri- will yield the floor. or-down vote on the proposition that I cans—be it a cigarette tax that at $1.10 Mr. President, the point is that no- have just described here today. It is a pack would yield over time $750 to body can stand up on this floor and say very simple. One, do you think you $800 billion, or whether it is an income we knew when we started talking should change the Tax Code as it per- tax or sales tax—you have to ask your- about cigarette taxes and how much it tains to the marriage tax penalty and June 4, 1998 CONGRESSIONAL RECORD — SENATE S5621 help families and married couples out tion, the nation’s Governors want to make from New Mexico doesn’t want the who are being penalized because of this clear that we will oppose any amendments money to go to the States, then he will Tax Code? And, two, do you think that, that would effectively reduce the $196.5 bil- continue to see two things happen—the lion in tobacco settlement funds dedicated to with this large new tax being imposed, states and territories to settle state law- money never coming to the Federal you ought to give about a third of it suits. Naturally, the federal government is Government because the States will back to the taxpayers of this country? free to prioritize how it will use those to- continue their lawsuits and the settle- We want the public to just focus, very bacco revenues generated by S. 1415 not re- ments—at least in the last four simply, on those two issues. served for the states and territories—a total States—of as much as $6.5 billion, as in This bill will permit us to do both. I that will exceed $300 billion over twenty-five the case of Minnesota; and none of that have no doubt, Mr. President, that years. These federally prioritized uses of to- money will go to the Federal Govern- what is left over is more than ade- bacco revenues, however, must not cut into the state settlement pool. ment. Not a penny. The fact is that the quate. In fact, I am not sure I would If national tobacco legislation is intended money will go back to the States to vote to spend all of the money that is to settle the state and territories’ lawsuits repay the huge tax bill they are paying left over for the program described in against the tobacco industry, they must re- now; $50 billion in citizens’ tax dollars this bill. Nonetheless, that is not at ceive a portion of the new tobacco revenues are going to pay, in the case of Medi- issue with reference to the Gramm- sufficient to resolve their claims. S. 1415 care and Medicaid expenses, for to- Domenici amendment. dedicates $196.5 billion to the states and ter- ritories over twenty-five years, a total con- bacco-related illnesses. The issue is a simple proposition: Do Now, there are some who want this to you think the marriage tax penalty sistent with the level negotiated by the state attorneys general with the tobacco industry come to the Federal Government so ought to be fixed? Secondly, do you in the original June 20, 1997, agreement. Pre- that the appropriators and the Budget think when you have this huge new tax serving this state settlement pool, free from Committee can assign the funds to increase, you ought to give some of it federal recoupment efforts, is one of the Gov- wherever they want. I want a signifi- back to the American people? We want ernors’ highest priorities related to S. 1415. cant amount of that money to go to to vote on that. That is a way of distin- Reducing the size of the state tobacco set- tlement pool will significantly jeopardize all the States. They are the ones who have guishing between the feelings of var- been paying a big part of the bill. If the ious Senators about a new tax bill that states and territories, including those that have individually settled their own lawsuits. Senator from New Mexico and the Sen- is essentially, in its current form, tax Such a decision would force the Governors to ator from Texas want to kill this bill, and spend versus another approach reconsider our position on the state financ- then there will be 37 States that go to that says tax—which may be helpful, ing section of the overall bill. court, beginning the day after this leg- we are not sure—and give some of it Sincerely, islation dies, and they will fight this back to the American people. Under Governor George V. Voinovich, State of out in court. They seem to win every that is the very interesting proposition Ohio; Governor Roy Romer, State of time. They don’t even go to a jury that there probably is no fairer thing Colorado; Governor Thomas R. Carper, State of Delaware; Governor Lawton trial, Mr. President. to do with better, positive American The tobacco companies settle, and policy than to fix the marriage tax Chiles, State of Florida; Governor Bob Miller, State of Nevada; Governor Mi- guess what they do? They agree to penalty while you are at it. chael O. Leavitt, State of Utah; Gov- smoking cessation programs and they I yield the floor. ernor Howard Dean, M.D., State of Ver- agree to all the huge bureaucracies Mr. MCCAIN addressed the Chair. mont; Governor Jim Edgar, State of Il- The PRESIDING OFFICER. The Sen- that have been pointed out. They go to linois; Governor Frank O’Bannon, reimburse Medicaid expenses. They pay ator from Arizona. State of Indiana; Governor Terry E. Mr. MCCAIN. Mr. President, I am in- Branstad, State of Iowa; Governor for antitobacco advertising because the terested to hear these comments by John Egler, State of Michigan; Gov- States that get the money believe that Senator DOMENICI. Just a short time ernor Mel Carnahan, State of Missouri; in order to stop kids from smoking, ago—a month ago—Senator COVERDELL Governor Jeanne Shaheen, State of you don’t just raise a tax—although proposed an amendment on the budget New Hampshire; Governor David M. that is important. You don’t just raise resolution that would have repealed Beasley, State of South Carolina; Gov- revenue, but you have to do other the marriage penalty or marriage tax, ernor Tommy G. Thompson, State of things as well. Wisconsin; Governor Benjamin J. and a budget point of order was lodged So I hope my colleagues will pay at- Cayetano, State of Hawaii; Governor tention to the letter from the 36 Gov- against it. The Senator from New Mex- James B. Hunt, Jr., State of North ico, apparently, for reasons that are Carolina; Governor Edward T. Schafer, ernors—I am sure the other 14 will be not clear, voted against waiving the State of North Dakota; Governor John joining—as to how they feel about leg- Budget Act. Now the Senator from New A. Kitzhsber, State of Oregon; Gov- islation that doesn’t repay them for Mexico will say that he didn’t want to ernor Pedro Rossello, Puerto Rico; the expenses that they incurred as a re- waive the Budget Act. The fact is that Governor Don Sundquist, State of Ten- sult of tobacco-related illnesses. if the Budget Act had been waived, the nessee; Governor Gary Locke, State of I see that my colleague from Massa- Washington; Governor Christine T. marriage penalty would have been re- chusetts wants to speak as well. Let’s Whitman, State of New Jersey; Gov- dispense with this myth about this pealed. ernor Cecil H. Underwood, State of Mr. DOMENICI. Will the Senator West Virginia; Governor John G. Row- being a ‘‘big tax bill.’’ What it is is a yield? land, State of Connecticut; Governor E. much smaller tax bill than the tax bill Mr. MCCAIN. No. That is a fact. That Benjamin Nelson, State of Nebraska; that the American people are already is what the vote was on the budget res- Governor Mike Huckabee, State of Ar- paying in the form of Medicare and olution. It was not carried by a vote. It kansas; Governor Gary E. Johnson, Medicaid expenses in order to pay for was rejected 38–62; 38 Republicans felt State of New Mexico; Governor Zell tobacco-related illnesses. And with strongly that the marriage tax should Miller, State of Georgia; Governor Tom children smoking going up, guess what, be repealed. Those who voted against it Ridge, State of Pennsylvania; Governor Mr. President? That tax bill goes up. It Pete Wilson, State of California; Gov- were Senators BOND, CHAFEE, COATS, ernor Parris N. Glendening, State of will get bigger and bigger. So if you COCHRAN, COLLINS, D’AMATO, DEWINE, Maryland; Governor Marc Racicot, want to worry about big tax bills, there DOMENICI, GORTON, GRASSLEY, HAGEL, State of Montana; Governor Jim is a huge tax bill we are paying right JEFFORDS, LUGAR, MACK, SNOWE, SPEC- Geringer, State of Wyoming; Governor now. We will be paying a much larger TER, and STEVENS. Lincoln Almond, State of Rhode Island; tax bill if this trend of kids smoking Mr. President, I have a letter sent to and Governor Angus S. King, Jr., State continues to grow. Senator LOTT and Senator DASCHLE. I of Maine. I yield the floor. ask unanimous consent that it be Mr. MCCAIN. Mr. President, the Sen- Mr. KERRY addressed the Chair. printed in the RECORD. ator from New Mexico clearly feels The PRESIDING OFFICER. The Sen- There being no objection, the letter that the money needs to go to the Fed- ator from Massachusetts. was ordered to be printed in the eral Government. I feel, and I think Mr. KERRY. I will be very brief. I RECORD, as follows: conservative Republicans feel, it know the Senator from Oklahoma DEAR SENATORS LOTT AND DASCHLE: As the should go back to the States who in- wants to speak momentarily. How long Senate continues to consider tobacco legisla- curred the expenses. If the Senator does he think he will go? S5622 CONGRESSIONAL RECORD — SENATE June 4, 1998 Mr. NICKLES. I was going to speak and research are 22 percent of these of the Senator from Mississippi to lay for a few minutes. I feel that I would funds. on the table the amendment of the like to respond to a couple of com- In addition to that, farmers—I think Senator from Illinois. On this question, ments made by the Senator from Ari- both sides are competing over how to the yeas and nays have been ordered, zona. better take care of the farmers. That and the clerk will call the roll. Mr. KERRY. Mr. President, I will be reflects some 16 percent of the expendi- The assistant legislative clerk pro- brief. I wanted to say for the Record, so tures, leaving you with only 22 percent ceed to call the roll. that the Record is absolutely clear that goes to public health—22 percent— Mr. LOTT (when his name was here, the Senator from New Mexico that is then divided among called). Present. said that we are going to get a vote and counteradvertising, cessation pro- Mr. NICKLES. I announce that the we ought to be able to get a vote in grams, and other kinds of efforts to try Senator from Utah (Mr. HATCH) is nec- order to properly allow the American to reduce teenage smoking. essarily absent. people to receive back some of the The Senator from Missouri was on I also announce that the Senator money that is in this bill that he has the floor a little earlier, and he was from Pennsylvania (Mr. SPECTER) is ab- charged is somehow being very badly trying to suggest that there are alter- sent because of illness. spent. native studies and the Canadian experi- I further announce that, if present I think it is important to understand ence that somehow suggests an out- and voting, the Senator from Utah (Mr. that, No. 1, the division of the money, come different from what we get by HATCH) would vote ‘‘yea.’’ the revenues, that come in from this raising the price here. Mr. FORD. I announce that the Sen- bill, was not arrived at in some sort of I simply say for the record—very ator from Delaware (Mr. BIDEN) and the hasty or unthought-out way. It is not quickly, because I don’t want to tie the Senator from Hawaii (Mr. INOUYE) are representative of a casual wish list. Senate up now—that I know we want necessarily absent. The result was announced—yeas 29, This is a reflection of what the Gov- to have a vote, that the methodology nays 66, as follows: ernors and the settlements originally of the Cornell study that he referred to arrived at as a notion of those concerns was very specifically found flawed, and [Rollcall Vote No. 149 Leg.] that ought to be addressed through any it was found flawed both in the number YEAS—29 tobacco legislation. of people that they examined and the Allard Frist Nickles Second, they are a reflection of the manner that they examined them. Breaux Gorton Robb When that flaw was corrected for the Bumpers Hagel Roth Commerce Committee that voted 19 to Burns Helms Smith (NH) 1 to send this legislation to the floor appropriate acknowledgment of that Campbell Hollings Stevens with a framework that articulated the flaw, in fact, the Cornell study came Coats Kyl Thomas Cochran Lugar Thompson broad outlines of how money would be out consistent with almost all other studies with respect to the impact of Enzi Mack Thurmond spent and, finally, through a fairly ar- Faircloth McCain Warner duous negotiation process which meas- price on smoking. Ford McConnell It is interesting to me that those who ured very carefully the needs. NAYS—66 The Senator said he would challenge want to come to the floor and criticize the relationship of price to discourag- Abraham Dorgan Lautenberg anybody to come to the floor and sug- Akaka Durbin Leahy gest they could defend that every ing kids from smoking completely Ashcroft Feingold Levin penny in here is being spent as wisely choose to ignore all of the memoranda Baucus Feinstein Lieberman of the tobacco companies themselves, Bennett Glenn Mikulski as possible. That is not a hard chal- Bingaman Graham Moseley-Braun lenge to fail on. I am not going to try that for 20 years have said they know Bond Gramm Moynihan to do that, nor would anybody. they lose smokers when the price goes Boxer Grams Murkowski Brownback Grassley Murray Can we find some money here appro- up. Their own memoranda say it. You can’t have it both ways, it seems to Bryan Gregg Reed priately to try to address the question Byrd Harkin Reid of the tax cut? We said yes. That is not me. The fact is, there is a correlation. Chafee Hutchinson Roberts On the Canadian experience, the Ca- Cleland Hutchison Rockefeller the debate here. This is not the choice nadians specifically, as they saw an in- Collins Inhofe Santorum that he presented to the Senate, a crease in their price, there was a de- Conrad Jeffords Sarbanes choice either between those who want Coverdell Johnson Sessions crease in the amount of smoking, and to give something back to people who Craig Kempthorne Shelby there was an equilibration ultimately D’Amato Kennedy Smith (OR) want to pay a marriage penalty and between their prices and ours. Daschle Kerrey Snowe those who do not. That is not the DeWine Kerry Torricelli The Canadian experience, in fact, choice; it is a choice between two dif- Dodd Kohl Wellstone documents that the pattern of youth ferent approaches to doing that. We be- Domenici Landrieu Wyden smoking in Canada confirmed the sen- lieve that we have the right to have an ANSWERED ‘‘PRESENT’’—1 sitivity of youth to price changes. In opportunity to have ours also voted on, Lott 1981, Canada had a youth smoking rate that they ought to be voted on at the that was about 50 percent higher than NOT VOTING—4 same time. That is what the division is that in the United States. Over the Biden Inouye over here. next decade, they raised their prices by Hatch Specter I think it is important to reflect on over 100 percent and teen smoking fell The motion to lay on the table the the fact that 40 percent of these funds by almost one-half. amendment (No. 2438) was rejected. go back to the States in the most di- Mr. President, we need to deal with Mr. LOTT addressed the Chair. rect way, a reflection, I think, of the the facts here. I hope that the Senate The PRESIDING OFFICER. The ma- need of the Governors to be given the will do so as we vote over the course of jority leader. opportunity to make decisions about the next days. Mr. LOTT. Mr. President, since the how they can best deliver back their Mr. LOTT addressed the Chair. last amendment was not tabled, I ask portion of the Medicaid expenses, The PRESIDING OFFICER. The ma- unanimous consent that the yeas and which is what we are refunding. jority leader. nays be vitiated; that the amendment In addition to that, money is not just AMENDMENT NO. 2438 be agreed to; and that the motion to spent in a supercilious way, the way Mr. LOTT. Mr. President, in an effort reconsider be laid upon the table, all the Senator suggested on a whole lot of to move things forward, I move to without further action or debate. Government programs that do not al- table the Durbin amendment No. 2438, The PRESIDING OFFICER. Is there ready have a track record of accom- and I ask for the yeas and nays. objection? Without objection, it is so plishment. Public health, NIH—I might The PRESIDING OFFICER. Is there a ordered. say it was the Senator from Florida, sufficient second? The amendment (No. 2438) was agreed Senator MACK, a Republican, together There is a sufficient second. to. with Senator FRIST, who fought very The yeas and nays were ordered. AMENDMENT NO. 2451 TO AMENDMENT NO. 2437 hard for the notion that there ought to The PRESIDING OFFICER. The (Purpose: To stop illegal drugs from enter- be adequate research funds here. NIH question is on agreeing to the motion ing the United States, to provide additional June 4, 1998 CONGRESSIONAL RECORD — SENATE S5623 resources to combat illegal drugs, and to es- to the tobacco bill beginning after the Mr. LOTT. We would not bring it up tablish disincentives for teenagers to use il- cloture vote is defeated on Tuesday without Members being on notice who legal drugs.) morning. have an interest in it. That technical Mr. LOTT. Mr. President, I now send Mr. DASCHLE addressed the Chair. corrections bill does need to be done. I an amendment to the desk in the sec- The PRESIDING OFFICER. The Sen- believe it is supported on both sides of ond degree, which is the so-called ate is not in order. the aisle and by the administration. We Coverdell-Craig drug amendment. Mr. DASCHLE. Does the majority need to get that done, and we would The PRESIDING OFFICER. The leader yield? need to do it by unanimous consent. clerk will report the amendment. Mr. LOTT. I will be glad to yield, Mr. But if the Senator has reservations, he The legislative clerk read as follows: President. will be notified about it. But we will The Senator from Mississippi [Mr. LOTT] Mr. DASCHLE. The majority leader get it done, and we would want to do it for Mr. COVERDELL, for himself, Mr. CRAIG, noted that tentatively the vote, the without a modification. Mr. ABRAHAM, Mr. FAIRCLOTH, Mr. INHOFE, cloture vote, is scheduled for Tuesday. Mr. ROCKEFELLER. May I say to Mr. SESSIONS, and Mr. GRASSLEY, proposes There are only two ways that could the majority leader, I also am very an amendment numbered 2451 to amendment occur. One would be for us to seek anxious to get it done, but in the spirit No. 2437. unanimous consent for the vote to be of being able to offer amendments. And Mr. LOTT. I ask unanimous consent postponed until Tuesday; or, secondly, unless I am able to offer an amend- that reading of the amendment be dis- that we are not in session on Monday, ment, I would have to object to—— pensed with. which would then make Tuesday the Mr. LOTT. I say to the Senator, it is Mr. DASCHLE. Reserving the right next business day when the cloture important we get these technical cor- to object, I only do so to note to my vote would ripen. rections done, because some legiti- colleagues that this is the third Repub- I am hopeful that the majority leader mate, honest mistakes were made and lican amendment now in a row. And I and I can find a way with which to re- several important projects could be af- am hopeful we can continue to alter- solve the schedule that will accommo- fected. And we need to do it as soon as nate back and forth, but I will not ob- date both sides. So I hope that perhaps we can. But unless we can get unani- ject. we might tentatively announce that mous consent, it will not be done. It Mr. LOTT. I thought we just voted on the vote will be held on Tuesday, but has already passed the House. So we the Durbin amendment. certainly if we are in session, I am not will have to find a way—I am working The PRESIDING OFFICER. Is there prepared at this point to agree to a with Senators on our side, too, as I objection? unanimous consent request that would know Senators are working over there, Without objection, it is so ordered. move it to Tuesday until we have been to clear up concerns. (The text of the amendment is print- able to talk through the balance of the There are other ways to address ed in today’s RECORD under ‘‘Amend- schedule. those concerns. And we are trying to ments Submitted.’’) Mr. LOTT. Mr. President, if I could get that worked out. We need to get it Mr. LOTT. Was there objection? respond. I thought that Senator done. We need to do it by unanimous The PRESIDING OFFICER. There DASCHLE and I had talked about it and consent. And I, in fact, have met with was no objection. had an agreement that we would do it one Senator this afternoon and dis- Mr. LOTT. For the information of all on Tuesday morning. I realize we have cussed how to address a legitimate con- Senators, pending now is the drug to get consent to do that. The alter- cern he has. So we will work with the amendment. I hope Senators will begin native is, as he said, that we not be in chairman. Did the chairman want to respond to to debate this very important amend- session on Monday, which is, I guess, a this at all? ment. I know that there are very possibility, but it is pretty hard to strong feelings on this amendment Mr. CHAFEE. No. What I have been complain about not making progress trying to do is narrow down the prob- also. However, no further votes will when we are not in session working on occur tonight. I expect the debate on lems that have come up. And I had something. down on the list to see the distin- the amendment to continue through The other alternative is to come in guished Senator from West Virginia. tomorrow’s session. at an early hour; and approximately an As you said, we want to get this thing The minority leader filed a cloture hour after that time, the vote occurs done. I think we can get it done and motion on the committee amendment then, which means that the vote could take care of problems by explaining earlier today. That cloture vote will be at 1 o’clock, 2 o’clock, Monday them or getting to them in some fash- occur on Tuesday, at a time to be de- afternoon, which, for Senators coming ion. So I look forward to meeting with termined after discussion between the from California and Utah and Washing- the Senator from West Virginia. two of us and after consultation with ton State, that presents a real problem Mr. LOTT. Mr. President, I now yield others in terms of schedule. So there because their planes do not get here the floor so the manager of the bill can will be no votes in Friday’s session of until about 4:30. speak. the Senate. So I was hoping we could take that The PRESIDING OFFICER. The Sen- However, Senator DASCHLE and I are time Monday to make some progress ator from Arizona. looking at bills that are relatively non- on some other issue or have debate on Mr. MCCAIN. Mr. President, just controversial or noncontroversial that this issue and have the vote that every- briefly, I would like to congratulate we may be able to take up tomorrow body will be here for at 9:30. But it the Senator from Illinois on the signifi- during the day. And the vote would be would be fine with me that we have it cant vote. In fact, a number of Sen- scheduled in the group on Tuesday earlier in the afternoon. But I just as- ators experienced an epiphany late in morning when we vote, at a time we sume that both sides will have prob- the vote because of his persuasive pow- will notify the Members later on on lems with that. We will talk about it ers. So I congratulate the Senator on Tuesday. further, and we will hotline the Mem- his vote. Now, again, I hope we can reach bers on exactly what time they can ex- I just want to make it clear, Mr. agreement tomorrow to provide for a pect that cloture vote to occur. President, we intend to move forward. vote on this amendment, hopefully Mr. ROCKEFELLER. Would the ma- We will have a vote on the Gramm prior to the cloture vote; but all Sen- jority leader yield? amendment. We may have a Daschle ators will be notified about the voting Mr. LOTT. I would be glad to. amendment. I happen to think it is fair schedule. I urge the Senators who have Mr. ROCKEFELLER. I would ask the that we go back to what we originally been working on the marriage penalty majority leader if he intends to bring started doing—one amendment on ei- tax to continue to work to get an up the highway corrections bill, be- ther side. I think that is the fair way agreement on that amendment so that cause if he does, I have an amendment that most legislation has been con- we can have a vote on it. We will try to I would like to offer. It is a very simple ducted on the floor since I have been see if we can reach agreement perhaps amendment, very direct amendment. here. to consider another bill on Monday. And I cannot do that unless it is We intend to move forward. We in- But we will continue on amendments brought up. tend to reach a conclusion. I hope that S5624 CONGRESSIONAL RECORD — SENATE June 4, 1998 both the majority leader and Demo- gests that my amendment is made null proves the antinarcotic struggle by cratic leader will consider trying to and void by your new amendment. Customs, by DOD, Department of De- bring this to closure next week. We Is that the Senator’s intention? fense, by DEA, by the FBI, by the have had now 2 weeks of extensive de- Mr. COVERDELL. No, it is not. Coast Guard. It dramatically increases bate and amending on the issues. Mr. DURBIN. I am happy to clarify the funding of the interdiction budget. It seems to me outstanding are the that. So the Senator still supports my It stiffens penalties and it creates a tax issues that Senator GRAMM and amendment. communication program to commu- Senator DASCHLE may have; the issue Mr. COVERDELL. That is not my in- nicate to parents and students about of attorneys’ fees is going to come back tention, to obviate. the dangers of the drug epidemic in Mr. DURBIN. It is not your inten- up, I believe; and, of course, then there which they live today. tion. is the agricultural issue outstanding. It is our intention, myself and my co- I thank the Senator for yielding. But aside from that, Mr. President, I Mr. COVERDELL. Let me continue, authors, that whatever passes the Sen- do not think there is a lot of new for the Nation to step forward with the ate, will have an antidrug component. ground to be plowed. I think we need to powerful will to drive down teenage It will not be silent on the Nation’s No. move forward. I believe we will move drug abuse by two-thirds—two-thirds— 1 problem for teenagers. That is unac- forward. And I am still confident—I am for those people who think this is a ceptable. It will be an expression to re- still confident—that we will bring this problem for which nothing can be done, ignite the Nation around the will to issue to conclusion sooner rather than I remind everyone listening that when confront this epidemic and these nar- later, to coin a phrase. the Nation decides to commit itself to cotic mafia who are the most serious Mr. President, I yield the floor. resolving this drug epidemic, it can and dangerous the Nation has ever—I Mr. COVERDELL addressed the make headway. For example, in 1979, repeat, ever—confronted. Chair. 14.1 percent were using it. By 1992, it I applaud the efforts of my colleagues The PRESIDING OFFICER. The Sen- had been driven down to 5.3 percent—2 who have joined me in this effort. We ator from Georgia. million less youngsters were using are going to have a vigorous debate Mr. COVERDELL. Mr. President, I drugs. But then something went wrong, about it. rise to speak on the amendment before something has gone badly wrong. I yield the floor at this time in def- us, the amendment that has been of- Since 1992, drug abuse by this same erence to others who wish to speak. fered by myself, Senator CRAIG from class of teenagers has increased 135 per- Mr. ABRAHAM. Mr. President, I will Idaho, and Senator ABRAHAM from cent. I repeat, 135 percent. What does be brief tonight. I will speak at greater Michigan. that mean? That means that drug length about this amendment tomor- I will take just a few minutes to abuse has more than doubled since 1992. row. I want to thank my colleagues. I frame in general terms the purpose of Drug abuse is now affecting 2 million am pleased to join Senators COVERDELL this amendment. And then my col- teenagers. It has increased by over a and CRAIG on this amendment. league from Idaho will address the million. This is a devastating indict- Tomorrow I will be citing some sta- amendment and outline its details. ment on contemporary drug policy in tistics, Mr. President, that reveal the My good friend from Idaho will not the United States. extent to which the young people of be here tomorrow so he will be making The Nation’s will must be rejuve- this country confront an ever increas- a major presentation this evening, and nated. This amendment will do that. ing and alarming rate of drug usage. then tomorrow I will return to elabo- When this administration took office, We obviously are attempting, in the rate further on the amendment. we quit talking and hearing about context of this tobacco bill, to address Let me first try to put it in focus. We drugs. The drug czar’s office was col- one of the problems and challenges fac- are talking about teenage addiction, lapsed. Gratefully, it has now been re- ing young people, but I think as I talk and have been for the last several opened. It was collapsed. The Coast to at least the families in my State, as months, specifically on the floor, over 2 Guard was diminished. Interdiction high as any challenge or problem that weeks. I have been struck by the fact was cut in half. The country was flood- they see confronting their kids, par- that a major piece of legislation would ed by drugs. The price of these illicit ticularly children starting as early as be brought to the floor of the Senate, drugs dropped by 50 to 80 percent, so seventh and eighth grade, is the illicit proposed by the administration, to deal they became accessible at every corner use of drugs, and, unfortunately, the with teenage problems, and addiction and to any school in the Nation. If you growing number of individuals who are specifically, and be totally silent on don’t believe that, just go to the school making those drugs available to our the issue of drug addiction. and ask the students. They can tell you young people. The majority of drug abuse among the designer names of the drugs. They Our amendment is designed to begin teenagers—the majority—is by smok- can tell you exactly how long it takes, the process of addressing that in a far ing, smoking marijuana, which is a and it is usually no longer than 30 min- more aggressive fashion than has been more lethal and damaging drug than utes. the case during the recent 4, 5, 6 years. tobacco. Yet, this legislation was silent So we should not be shocked that We have seen, as I think most of the on the issue. drug abuse is skyrocketing and is a Members of this Chamber know, that The amendment is designed to end new epidemic among teenagers. It is during the last 5 years, the use of drugs the silence. Teenage drug abuse is the even made more sad by the fact that in among young people has gone up after No. 1 teenage problem—No. 1 by any the 1960s and the 1970s, the last drug a lengthy period of decline. And it is measurement, teenagers, their parents, epidemic we suffered, higher-aged teen- important, I think, as we confront the or empirical evidence. For us to have agers, 15 to 20, were involved in the issue of tobacco, that we likewise con- dealt with this issue and to have re- drug crisis. Now the target is age 8 to front the issue of drugs. mained silent would have been uncon- 14. I join both of my colleagues in saying scionable. We have been asking the President that I fervently believe no legislation If I can for a second outline the scope repeatedly to set forth the goals of his should leave this Chamber absent pro- of the problem. In 1979, 14.1 percent, or administration during his administra- visions that are strong and tough anti- 3.3 million teenagers age 12 to 17 were tion to arrest this epidemic. The re- drug provisions. So I thank my col- involved with consistent drug abuse. sponse is that they will lower drug use leagues and I will speak more about it Mr. DURBIN. Will the Senator yield? among teenagers back to the level at tomorrow. I am glad it is now before Mr. COVERDELL. I yield. which they took office, 10 years from the Senate so that we can proceed on Mr. DURBIN. I ask the Senator for a now, in the year 2007, 21⁄2 Presidencies this amendment. clarification on his amendment, which away. Our goal is to get it back to I yield the floor. I had a chance to read. where it was when they took office. Mr. CRAIG addressed the Chair. The Senator was kind enough to sup- This is unacceptable. We cannot wait The PRESIDING OFFICER. The Sen- port my amendment to vote against 10 years. ator from Idaho is recognized. the motion to table and yet there is So this amendment is a bold interdic- Mr. CRAIG. Mr. President, I am language in his amendment which sug- tion. It focuses on interdiction. It im- pleased that the time has come for the June 4, 1998 CONGRESSIONAL RECORD — SENATE S5625 Senate to begin debate on a portion of I am proud of that and so is my family. that is not what we see. The drug pol- the legislation before us that I think, if But if these kids do start smoking, the icy of the Clinton administration has accepted by this body, will be the most real danger they will face will be 10 and been by every measure except theirs a significant thing that we can possibly 20 and 25 years out, before which let us miserable failure. From an early slash- do. hope they mature, that they have a ing of the funding for the White House Mr. President, even before the bill reason to think about their life and antidrug office, to the administration’s before us was brought to the floor of their health, and they quit like I did, effort to have it both ways on clean the Senate, the question of tobacco has and they become parents who discour- needles for addicts, to their effort to been, for many months, one of the age their children from smoking. lower penalties for crack cocaine to major issues of public debate, if not the Smoking may kill teens later in life, equal those of powder, to the Presi- major issue in some quarters. but illegal drugs are killing them dent’s grossly irresponsible ‘‘I wish I The Clinton administration, in par- today. Whether we are talking about had inhaled’’ comment on MTV, this ticular, has crusaded for legislation overdoses, car accidents, or the vio- administration has sent all the wrong supposedly aimed at preventing Ameri- lence associated with the drug trade, signals. And guess what? Those signals ca’s teens from taking up a deadly illegal drugs present a clear and imme- have been picked up by the young peo- habit, arguing that the need for this diate danger to every young person ple of this country, and the predictable legislation is so strong that questions who tries them, to their families, and results have occurred. of cost and constitutionality, or the or- to their communities. Talk to the par- Two national annual surveys show dering of social priorities, are left by ents of a child they have just lost to an that drug abuse by our Nation’s youth the wayside. Even raising such ques- overdose of drugs, and they didn’t real- has increased steadily since the Clin- tions is to invite the accusation of ize until it was too late that their child ton administration came into office. being a tool of the big tobacco compa- was on drugs. No family, no socio- The University of Michigan Decem- nies. How dare you stand in the way of economic family in every strata, or at ber 1997 Monitoring the Future Study, this legislation. any level, is immune. Not one kid will and the 1997 Parents Resource Institute Not long ago, Mr. President, I was in likely die this year because he or she for Drug Education, and the so-called Idaho speaking to a group of high lit their first cigarette. But thousands PRIDE Survey each offer cause for school students. This was just as the of Americans will die because they alarm. tobacco issue was starting to break out started using drugs this year. Kids who The Monitoring the Future Study re- at the top of most news stories. I asked started using drugs today may not get veals that illicit drug use among Amer- these kids what the biggest problem a chance to mature out of that habit, ica’s schoolchildren has constantly in- facing them and their peers was and as I did and as thousands do. creased throughout the Clinton admin- what that problem was doing to their I expect there are very few parents istration. lives. When I mentioned tobacco, I’ll be who would not care whether their kids Mr. President, here comes the figures honest with you, I was a bit surprised. decided to start smoking. Most of them of alarming proportion. I was surprised that a lot of hands care a great deal. However, if they were For eighth graders the portion using didn’t go up because that is what the asked whether they would be more con- any illegal drug in the prior 12 months media had been talking about, what cerned about their teens starting to has increased 71 percent since the year the front pages were telling us. In fact, smoke or becoming a user of mari- President Clinton was first elected. Mr. President, only a few hands went juana, crack, or heroin, how many par- And since 1992, it has increased 89 per- up. But when I asked about illegal ents would say they would take the cent amongst 10th graders, and 57 per- drugs, almost every hand went up. dope over tobacco? Well, we know what cent amongst 12th graders. That is any illicit drug. The numbers go straight There was hardly a young person in they say. We have seen it in the poll- through the roof since President Clin- any one of those high school groups ing. Let me tell you, Mr. President, the ton came to office. Reagan, Bush— that I spoke to that didn’t see drugs as polling is dramatic. The polling is very numbers declining. Everybody laughed a major problem. clear. The parents of today in the high- Mr. President, you come from a rel- est of percentages say, Get the drugs at Nancy Reagan when she said ‘‘Just atively rural State, as do I, and, re- away from our kids. It is the No. 2 say no.’’ But she stood on a moral ped- member, teenage drug abuse is sup- issue. And way down at the bottom of estal along with George Bush and Ron- posed to be a problem of the big inner- all of those issues that parents are con- ald Reagan, and they stood as powerful leaders and examples. We have a Presi- city schools. But the school I was talk- cerned about, as it relates to their dent who chuckled, and said, ‘‘Well, I ing to was a school of 250 in rural kids, is smoking. Yet for the last 2 wish I had inhaled.’’ Sorry, Mr. Presi- Idaho. Yet, nearly every hand went up weeks, this Senate has been focused on dent. You sent all the wrong signals. because every one of those students that issue. Why? Because it is politi- Marijuana use accounted for much of knew someone in their age group who cally popular. We are going to bash the overall increase in illicit drug use was misusing or was involved in illegal those big tobacco companies because continuing its strong resurgence drugs, and they were concerned about they lied to the American people, and amongst eighth graders. Use in the that young person’s future. They were we are going to save teenagers from prior 12 months has increased 146 per- concerned about the effect it would smoking, and we are going to raise cent since 1992. have on their friends’ lives. Well, some- taxes to an all-time high to do it. We The year President Clinton was first one might say that these are kids, are going to spend hundreds of billions elected to office, amongst 10th graders, what do they know? We are the adults; of dollars. Yet, No. 1, No. 2, and No. 3, the annual prevalence has increased 129 we are the United States Senators, and in any poll you take, on the average percent amongst 12th graders it has in- we are supposed to have a more mature parent’s mind today is the kids associ- creased 76 percent since 1992. view of the problems that face the citi- ated with drugs, the kids associated Those ought to be figures that are zens of our country. Yes, I would hope with gangs, the kids being killed in car spread in banner headlines in every that we as adults would be able to accidents; and way down at the bot- major newspaper in this country. And make mature and considered judg- tom, but on the list of 10 or 12 items, is they go unnoticed except in our ments on these questions. But in sens- smoking. schools, except with school administra- ing that drugs present a bigger threat That is one reason I question the ad- tors and counselors, and most impor- to them now than does tobacco, I think ministration’s priorities tonight. In tantly with parents, who say it is the these kids are right. Yes, we should do the abstract, I suppose that if drug use No. 1 issue facing their children and everything reasonable that we can pos- continued at the steady decline of the them as parents. sibly do to discourage young people ‘‘just say no’’ Reagan and Bush era, if Of particular concern, according to from taking up smoking. we could honestly say we had the drug the survey, is the continuing rise in I was once a smoker myself, and I dealers on the run, we might start to daily marijuana use amongst 10th and know that it is not easy to quit. I ask, Well, what is the next thing on the 12th graders. More than one in every 25 fought it hard and I fought it for a long list of national priorities that this Con- of today’s high school seniors is a cur- time. And I haven’t smoked in 8 years. gress ought to become involved in? But rent daily marijuana user, with an 18.4- S5626 CONGRESSIONAL RECORD — SENATE June 4, 1998 percent increase since only last year, front line trying to stop kids from nation for increased tobacco use while only 1.1 percent of eighth graders using drugs—senior high school use amongst these teens is because they used marijuana daily in 1997. That still may have stalled, but it has stalled at are already using marijuana. And that represents a 50-percent increase since the highest level PRIDE has measured tobacco prolongs the effect of mari- 1992. in 10 years. juana smoking. If so—and I recognize Since President Clinton was first Until we see sharp declines in the use that there are certain complex factors elected, annual LSD use has increased at all grade levels there will be no rea- here—this is a case where tobacco use over 52 percent, 68 percent, and 50 per- son to rejoice. may be directly linked to our failing cent amongst 8th graders and 10th With respect to young students, the drug policy. graders and 12th graders, respectively. survey found a full 11 percent of junior Mr. President, I ask unanimous con- More than one in 20 seniors in the class high students—that is grades 6 through sent that this article be printed in the of 1997 used cocaine this year, a 12.2- 8—are monthly users of illegal drugs. RECORD. percent increase over just last year. Junior high students reported signifi- There being no objection, the article That is cocaine. That is the drug that cant increases in monthly use of mari- was ordered to be printed in the kills. Crack cocaine also continued a juana, cocaine, uppers, downers, RECORD, as follows: gradual upward climb amongst 10th hallucinogens, and heroin especially. [From the New York Times, Apr. 22, 1998] and 12th graders. In short, since 1992, Can you imagine that, Mr. President? YOUNG BLACKS LINK TOBACCO USE TO annual cocaine use is up 87 percent, 147 We are talking about junior high kids. MARIJUANA percent, and 77 percent amongst 8th, Heroin, drug of choice? (By Jane Gross) 10th and 12th graders, respectively. Annual marijuana use has increased YONKERS, April 21.—In the search to ex- The longer term gradual rise in the 153 percent since Mr. Clinton first took plain the spike in smoking among black use of amphetamine stimulants also office. Cocaine use is up 88 percent. teen-agers, a range of theories has evolved, from the proliferation of tobacco advertising continued within the class of 1997, in- Why aren’t we spending weeks on the in minority communities to the stress of creasing over 7 percent since last year. floor of the Senate debating this, be- adolescence to the identification with enter- Since 1992, annual heroin usage—heroin cause it is the No. 1 issue amongst par- tainment idols who appear with cigarettes is on the resurgence—has increased by ents. The kids know it. They know dangling from their lips. 83 percent, 141 percent, and 92 percent their friends are being killed by it. Teen-agers themselves, and some experts for 8th, 10th, and 12th graders. They are laughing at the fact that they who have studied adolescent smoking, add another, less predictable explanation to the America, these are our kids, and they think we are going to legislate them mix of factors: the decision to take up smok- are using heroin. This administration away from tobacco. ing because of a belief that cigarettes pro- doesn’t talk about it. Hallucinogen use has increased 67 long the heady rush of marijuana. The most recent PRIDE Survey percent since Mr. Clinton took office. ‘‘It makes the high go higher,’’ said Mar- shows a continuing and alarming in- Now, in the face of this clear and quette, a 16-year-old student at Saunders crease in drug abuse amongst young present danger to our Nation’s youth, Trades and Technical High School here who, kids. Illegal drug use amongst 11- and how can this administration justify like other students, spoke about her mari- juana use on the condition that only her first 14-year-olds has continued on a dan- their obsession with tobacco? That is name be used. gerous upward spiral. because there are 100 groups lined up to At Washington Preparatory High School in According to the president of PRIDE, help them. It is a popular political South-Central Los Angeles, Tifanni, also 16, senior high drug use may have stalled, issue. I agree with them on the said she took up cigarettes two months ago but it is stalled at the highest levels premise. But I think they missed the because, ‘‘If the marijuana goes down and that PRIDE has measured in 10 years. point. They missed the point that the you get a cigarette, it will go up again.’’ Mr. COVERDELL. Mr. President, I Black teen-agers like Marquette and young people of America are talking Tifanni are not unusual, according to inter- wonder if the Senator will yield for 30 about. They might answer. ‘‘Well, teen views with dozens of adolescents around the seconds to a minute so that I might rates of smoking are also going up.’’ country and various national surveys. These clarify the issue that arose about obvi- That is true. But if we look at the facts surveys show that blacks begin smoking ating. on teen tobacco use, also found in the cigarettes later than white teen-agers, but Mr. CRAIG. I would be happy to Monitoring of the Future Report that I start using marijuana earlier, a difference experts say they cannot explain. yield, but I would not lose any floor have been quoting, we see the same right. The surveys also show a sharp rise in both pattern as on drug use—a steady de- cigarette and marijuana use among teen- The PRESIDING OFFICER (Mr. SES- cline in the Reagan-Bush years with a agers in recent years, evident among all SIONS). Without objection, it is so or- steady climb since 1992. In other words, races but most pronounced among blacks. dered. what our President says to America White teen-agers still smoke cigarettes at MODIFICATION TO AMENDMENT NO. 2451 and America’s youth counts. When he twice the rate of blacks, but the gap is nar- Mr. COVERDELL. Mr. President, I makes light of his flirtation with mari- rowing, signaling the end of low smoking ask unanimous consent to modify my rates among black youths that had been con- juana, they make light of it, too. That sidered a public health success story. amendment numbered 2451. is a great tragedy. It is not clear how much of the increase in The PRESIDING OFFICER. Without Let us ask the question: Instead of smoking among black teen-agers is due to objection, it is so ordered. hiking increases in teen smoking to the use of cigarettes with marijuana, and ex- Mr. COVERDELL. I send the modi- justify massive, intrusive, expensive perts say advertising has been the main fac- fication to the desk. legislation that will mostly target tor. But the marijuana-tobacco combination The PRESIDING OFFICER. The is notable because it is the reverse of the adult smokers, shouldn’t the adminis- amendment is so modified. more common progression from cigarette tration admit that teen smoking in- The modification is as follows: and alcohol use to illegal drugs. At the end of the Durbin amendment, in- crease is yet another symptom of their Many black teen-agers said in interviews sert the following: failed drug policy? Shouldn’t they that they were drawn to cigarettes by TITLE —DRUG-FREE NEIGHBORHOODS admit that having given kids a wink friends who told them that nicotine would enhance their high from marijuana, which SEC. 01. SHORT TITLE. and a nod on drugs, other bad habits would also appear more acceptable? has been lore and practice among drug users This title may be cited as the ‘‘Drug-Free of all races for decades. And this is appar- Neighborhoods Act’’. Anybody who has raised teenagers ently no mere myth. Many scientists who Mr. COVERDELL. Mr. President, I knows that. study brain chemistry say the link between yield the floor back to the Senator Let’s take a concrete example. Re- cigarettes and marijuana is unproven but from Idaho. cently, an article appeared in the New likely true. The PRESIDING OFFICER. The Sen- York Times. ‘‘Young Blacks Link To- ‘‘African-American youth talk very explic- ator from Idaho. bacco Use to Marijuana.’’ Strange rela- itly about using smoking to maintain a Mr. CRAIG. Mr. President, I thank tionship. I am quoting the New York high,’’ said Robin Mermelstein, a professor at the University of Illinois at Chicago and my colleague for that modification. It Times relating to a dramatic increase the principal investigator in an ongoing does clarify an important point. in tobacco use amongst minority teen- study of why teen-agers smoke for the Fed- Mr. President, according to PRIDE— agers. According to this article, ex- eral Centers for Disease Control and Preven- those are the folks out there on the perts believe that part of the expla- tion. ‘‘It’s a commonly stated motivator.’’ June 4, 1998 CONGRESSIONAL RECORD — SENATE S5627 Dr. Mermelstein said that in focus groups She tested what the teen-agers told her by The adolescents said overwhelmingly that with 1,200 teen-agers around the country, talking to addicts in recovery, who con- they would pay $3.60 a pack—the current about half the blacks mentioned taking up curred. And to be sure that the pattern she $2.50 charged in New York plus the addi- cigarettes to enhance a marijuana high, but was seeing in Philadelphia was not a local tional $1.10 envisioned in the legislation. A no white teen-agers volunteered that as an anomaly, she interviewed young African- few said that $5 a pack might inspire them to explanation for smoking. ‘‘Cigarettes have a Americans across the nation. And, she said, quit, or at least to try. totally different functional value for black she discovered that they were doing the But faced with that high a tariff, 17-year- and white kids,’’ she said. same thing. old Robert Reid, a student in Yonkers, had Even so, Dr. Mermelstein and others say The enhancing effect that teen-agers de- another idea. ‘‘At that price,’’ he said, ‘‘you that does not diminish the greater impact of scribe is consistent with what is already might as well buy weed.’’ advertising and other media messages in mi- known about the working of nicotine and Mr. CRAIG. I thank the Chair. nority neighborhoods. ‘‘Kids are extraor- THC, the active ingredient in marijuana. Let me read two paragraphs from the dinarily aware of the entertainment media,’’ Both spur production of dopamine, a brain article: Dr. Mermelstein said. ‘‘They are very reluc- chemical that produces pleasurable sensa- tant to see the link between any of these and tions, said George Koob, a professor of neuro- It is not clear how much of the increase in their behavior. But the influence is undoubt- pharmacology at the Scripps Research Insti- smoking amongst black teen-agers is due to edly there.’’ tute in La Jolla, Calif. ‘‘It makes a lot of the use of cigarettes with marijuana, and ex- Tiffany Faulkner, a 15-year-old at Ida B. sense,’’ Dr. Koob said. perts say advertising has been the major fac- Wells High School in Jamaica, Queens, said, At the National Institute on Drug Abuse, tor. But the marijuana-tobacco combination ‘‘Tupac smoked and he’s my man,’’ referring which funds most of the world’s research on is notable because it is the reverse of the to the slain rap star Tupac Shakur. ‘‘But I addiction, Alan I. Lesher, the director, went more common progression from cigarette didn’t smoke because of him,’’ she said. ‘‘I a step further, saying the anecdotal findings and alcohol use to illegal drugs. have my own head.’’ cried out for rigorous investigation. ‘‘This is Many black teen-agers said in interviews Brand loyalty, however, suggests youths a reasonable scientific question,’’ he said. that they were drawn to cigarettes by are more moved by the advertising than they ‘‘And if enough people report experiencing it, friends who told them that nicotine would realize, or are willing to admit. In general, it merits consideration.’’ enhance their high from marijuana, which Marlboro and Camel have white characters Researchers elsewhere have also taken has been lore and practice among drug users on billboards and are the brands of choice note of strange glitches in substance abuse of all races for decades. And this is appar- among white teen-agers, while Kool and data comparing blacks and whites. For in- ently no mere myth. Many scientists who Newport use minority images and are fa- stance, Denise Kandel, a professor of public study brain chemistry say the link between vored by African-American teen-agers, as health and psychology at Columbia Univer- cigarettes and marijuana is unproven but they are by their parents. Outside Brighton sity’s College of Physicians and Surgeons, likely true. High School in Boston, for instance, every found that while most substance abusers pro- One other paragraph: black student in a group of smokers chose gressed logically from legal to illegal sub- The students were perfectly aware of the Newports. ‘‘They’re the cool cigarette,’’ said stances, ‘‘the pattern of progression is less health hazards of cigarette smoking. A 17- Joey Simone, 18, a smoker since she was 11. regular among blacks and nobody really year-old at Norman THOMAS High School in A 16-year-old Chicago girl who tried ciga- knows why.’’ Manhattan said she was quitting because she rettes briefly said she is certain advertising In 1991, according to the Centers for Dis- might be pregnant. is the key. ‘‘When I was little I would see ease Control and Prevention, 14.7 percent of pictures of people standing around with a students said they had used marijuana in the But that is the only reason she was cigarette and it looked like fun,’’ said Coleco last 30 days; by 1995, the latest year for quitting. Davis at DuSable High School. ‘‘They were which data is available, that rate had A 15-year-old at Saunders [High School] all having a good time and it didn’t look like jumped to 25.3 percent. Among white youths, said she did not smoke during basketball and it could hurt you.’’ the rate increased to 24.6 percent from 15.2. softball season but resumed in between. This wave of new black smokers, drawn to Among Hispanics, it shot up to 27.8 from 14.4 The article also talks about the ef- a habit that kills more people each year than and among blacks to 28.8 from 13.5, vaulting fects of the kind of antitobacco meas- all illegal drugs combined, has researchers them from last place to first in marijuana worried, because once teen-agers have expe- use by racial group. ures that are being discussed on the rienced the booster rocket effect of ciga- The C.D.C. cigarette study, which tracks floor including pushing the price of rettes prolonging a marijuana high they use through 1997, shows a parallel pattern. cigarettes to $3.50 to $4 to $5 a pack. often find themselves addicted to tobacco. Among white students, 39.7 percent said they Adolescents overwhelmingly said they ‘‘Because I was getting high, I needed it,’’ smoked cigarettes, up from 30.9 percent six would pay $3.60 a pack. The current said Mary, 16, a student at Norman Thomas years ago. Among Hispanic students, more charge in New York is $2.50. An addi- High School in Manhattan. ‘‘The cigarettes than one third now say they smoke, up from tional $1.10 would move that to $3.60, made me more high. Now it’s become a roughly a quarter. Among black youths, 22.7 and the teenagers did not see that as a habit. I feel bad because there’s nothing I percent list themselves as smokers, com- can do to stop.’’ pared with the 12.6 who said they smoked in problem. Now we are talking about the The crescendo of concern about teen-age 1991. Worst of all were the smoking rates for legislation that is being debated on the smoking is behind pending Federal legisla- black males, which doubled in the course of floor right now. According to the arti- tion that would raise the price of cigarettes, the study, to 28.2 from 14.1. cle: control advertising to young people and pe- The progression from marijuana to ciga- A few said that $5 a pack might inspire nalize manufacturers if there is not a grad- rettes among black youths was the most pro- them to quit, or at least to try. ual reduction in adolescent smoking. That vocative finding in interviews in recent days But faced with that high a tariff, 17-year- legislation took center stage in Washington with high school students in New York City, old . . . a student in Yonkers, had another just as a new study earlier this month its suburbs, Los Angeles, Chicago and Bos- idea. ‘‘At that price,’’ he said, ‘‘you might as showed a steep rise in the smoking rate ton, who consistently raised the issue with- well buy weed.’’ among black youths. out being asked. But their comments raised In other words, he was saying you The nationwide Federal study showed over- several other troubling issues, as well. all smoking rates had increased by one third The students were perfectly aware of the might as well smoke marijuana be- among high school students between 1991 and health hazards of cigarette smoking. A 17- cause they are going to end up being 1997. Most alarming to experts was the sharp year-old at Norman Thomas High School in about the same price. I don’t think rise among black youths: 22.7 percent in 1997, Manhattan said she was quitting because she anybody on the floor of this Senate has up from 12.6 percent six years earlier. might be pregnant. A 15-year-old at Saunders thought about that. But the kids are Charyn Sutton, whose Philadelphia mar- said she did not smoke during basketball and keting company conducts focus groups for thinking about it. Let us think about softball season but resumed in between. those words, Mr. President: ‘‘At that Federal research agencies, said she first But most paid no mind to the danger. heard about the current progression from And despite laws prohibiting sales to any- price, you might as well smoke weed.’’ marijuana to cigarettes—what she calls the one under 18, virtually all the teen-agers said It is always easy for the partisans of ‘‘reverse gateway effect’’—during focus they purchased cigarettes with no trouble at big government to come up with big groups in 1995 involving black middle school delis and bodegas. spending, big bureaucracy plans, that students. Ms. Sutton already knew about The Federal legislation to curb teen-age whether or not it actually impacts the blunts, cigars hollowed of tobacco and filled smoking depends in large measure on steep intended target, in this case teenage with marijuana. But now the teen-agers told price increases as a deterrent. Sponsors of smoking, it is sure to have all sorts of her that a practice familiar to the drug co- the bill say that raising the price by $1.10 per gnoscenti as early as the 1960’s and 1970’s was pack would reduce youth smoking by as unintended but predictable side effects. popular in the schoolyard of the late 1990’s— much as 40 percent. But talking to high For example, how big of a tax increase enhancing the high of a joint with a ciga- school students suggests this prediction is are we looking at? Well, we don’t know rette. optimistic. for sure. Why shouldn’t we be looking S5628 CONGRESSIONAL RECORD — SENATE June 4, 1998 at this as a big regressive tax, and I offering this amendment which would know if convicted drug dealers have think I can say, in all fairness, the big- ensure that the drug crisis is not ig- moved into their neighborhoods. Our gest regressive tax in American his- nored as we attempt to address the to- amendment requires released Federal tory? How effective will it be in actu- bacco problem. convicts, convicted of major drug ally curbing teenage smoking or, for This amendment collects a number of crimes, to register with local law en- that matter, adult smoking? How much initiatives that would make a serious forcement personnel, who can then put more attractive will it make others? impact on illegal drugs. It takes a their communities on notice. Why not? By that, I am talking about illegal three-pronged approach: attacking the Those are the folks who have been kill- drugs such as marijuana, especially to supply of drugs by strengthening our ing our kids by selling drugs. Why not young people. ability to stop them at the border, pro- let the communities know if they are Well, that teenager from Yonkers viding additional resources to fight back in those communities? These are said it: If you are going to raise to- drugs that reach our neighborhoods, only some of the provisions in our bacco to that price, you just might as and by creating disincentives for teens amendment that attack the supply of well smoke weed. Have we learned any- to use illegal drugs. drugs. thing at all from the black market of Let me talk about some of those pro- We also focus on the demand side of other nations? That has been discussed visions that are embodied in our the problem by supporting local efforts by some of my colleagues on the floor amendment. Let me first talk about to protect our neighborhoods, busi- in the last several weeks, and they the one on supply, the supply side of nesses, and schools from drugs and pro- have used it as an example and it bears the drug problem, because we all know vide incentives for young people to repeating because it shows a reaction it is a supply-demand equation. We stay straight. Our amendment includes to the marketplace. cannot rely just on treatment pro- a provision addressing needle exchange In Canada, by 1992, a pack of ciga- grams for those who have already programs. At a time when drug use, rettes cost about $4.50 in U.S. dollars, started to abuse drugs. And you know particularly heroin use, is increasing, probably about $6.75 in Canadian dol- there is a bit of that attitude—well, this program clearly undermines our lars, while the price in the United yeah, if they get hooked on them, we effort to fight illegal drugs. What pro- States was $2. The result: the loss of will treat them. The problem is some- gram? The current program. The Clin- billions of dollars in tax revenue and times they get hooked on them, and ton program. The green light to subsi- up to 40 percent of the Canadian mar- they get killed or they die before they dizing needle exchange programs. That ket supplied by smuggling, black mar- can get to treatment. We must stop is the green light for drug use. The ket, illegal, under the table, vended in drugs from getting to our kids in the House has already passed legislation to the alley, out of the backs of cars, first place, or make every effort to try stop this, H.R. 3717, by a strong 287 to vended by the black market of drug to stop it. 140 vote. The Senate should do the dealing. Canada rolled back its tobacco One key step in fighting the drug same. Our amendment includes just ex- taxes in 1994, and Sweden recently supply is increased resources for the actly this. I hope the Senate can sup- dropped its tobacco tax over 25 percent. interdiction of those drugs; in other port it. words, law enforcement. Fund them, Do we really want to repeat their mis- Another section of our amendment is put them on alert, make it a No. 1 pri- takes? We are about to start. When the Drug-Free Student Loan Act. It re- ority. This is the area where the ad- cigarettes in Mexico cost about $1 a stricts loan eligibility for students who ministration has been most irrespon- pack, where do you think the border use drugs. This would target substance sible. Slashing the Coast Guard’s anti- will be? Or, more importantly, how can abuse without creating Federal man- drug budget, with the result—and you we protect the border? The movement dates or authorizing new spending. It know what the result was—a major dis- will be significant. puts the kids on notice: ‘‘We ain’t Does anyone think this would not be ruption in the rate of decline. The going to tolerate it anymore. Be a tremendous windfall for organized number of seizures for drug shipments straight, you will get your education. crime or for cross-border drug trade in turned back before they reached the You can have a loan for it. But, use Mexico, which is already at epidemic United States—listen to these figures; drugs and you are falling out of favor proportions? How many funding it happened on the President’s watch with the public.’’ streams is that? Well, taxes, we know after he slashed the interdiction that. And if those funding streams that money—declined by 53 percent. We are The Drug-Free Teen Driving Act in we are asking for to fund all of this dry talking interdiction, at the border or our amendment would encourage up, then how do we pay for the pro- out in the water; a 53-percent decline States to be at least as tough on driv- grams? Because they will surely dry in interdiction from 1992 to 1995. ing privileges for those who use drugs up. Other nations have found that to be So, what does our amendment do? We and drive as those who are drunk driv- the case. And they have had to back give the Coast Guard, the Defense De- ers. Stop and think about the incon- off, to up their moneys, to up their partment, the U.S. Customs Service, sistency today. You get caught a drunk cash flow again to fund the programs the resources they need to target that driver, you get your license pulled. that they were going to feed off of the interdiction before drugs reach the Drug abuse? No. No. We are not ad- taxes they raised from tobacco. American streets. Our amendment does dressing that. This amendment does. As a Republican, I think this big gov- exactly that, and that is our intent. Same treatment. ernment approach is just the wrong Our amendment also includes the Our amendment includes the Drug- way to go, especially when we have no Drug-Free Borders Act, which attacks Free Workplace Act. This section pro- real assurance that these programs will the 70 percent of illegal drugs that vides incentives for employers to im- do any good. enter our country across the Mexican plement antidrug programs in the We need to take a hard look at drug border. Mr. President, 70 percent of the workplace, such as clear antidrug poli- use. And, yes, the teen tobacco use sit- problem is right there on that very cies, drug testing, and employees’ as- uation in this country that we find is identifiable border. These provisions sistance programs. We also assist critical. We need to look at it in a would increase the penalties for crimes schools in the fight against drugs by practical and a principled way. The of violence and other crimes commit- allowing them to use Federal funds for bottom line should be this: If the Clin- ted at our borders and enable the INS drug testing programs and victims’ as- ton administration won’t lead on to hire thousands—yes, thousands—of sistance. Our amendment also provides drugs—and at this point I would say new Border Patrol agents. incentives for States to create an an- their credibility on drugs has been fa- But our amendment does not just nual report card to parents and teach- tally compromised—then it is the Con- stop at the border; it also strengthens ers, listing incidents of school violence gress that should lead. We should lead. the hand of law enforcement in fight- and drug activities. That is our job—to create public policy ing drug dealers at home and abroad. Another critically important part of that makes sense for the American For example, our amendment increases our amendment would back up commu- people. That is why my colleague, the resources available to DEA and the nities in their fight against drugs. We PAUL COVERDELL of Georgia, and I are FBI. We also think parents deserve to would authorize matching grants funds June 4, 1998 CONGRESSIONAL RECORD — SENATE S5629 to support communities’ efforts to es- on local communities and citizens. In- a part of the package. We ought to un- tablish comprehensive, sustainable, stead, we should provide encourage- derstand and not be so naive as to say and accountable antidrug coalitions. ment, support local antidrug initia- that it is the total environment in Senator COVERDELL and I recognize tives, and that is the philosophy behind which the child lives. you cannot do all of this from the top our amendment: Get our law enforce- I mention it only tonight for our down, that you have to work with the ment involved, stop the stuff at the Senate to understand that we cannot grassroots and help it grow from the border. do it; we are blocked on the floor; it is bottom up. These and other provisions In offering the amendment to the not the right thing politically; some- in our amendment are commonsense antitobacco bill, I have been arguing how the unions oppose it. Why don’t we measures to protect our young people that the danger posed by illegal drugs wake up? Why don’t we understand from the growing menace of drugs. is greater and more immediate and that Government can, in fact, by its in- They would counter the wrongheaded more deadly than any immediate prob- action, be an impediment? policies of this administration and lem that tobacco poses on teenage Those are the conclusions I have start sending the right signals to America. drawn, and that is why I am a cospon- America’s youth. It is my strong belief that the bill be- sor with Senator COVERDELL of this, This amendment does not set up new fore us tonight must not ignore the what I believe to be the most impor- bureaucracies nor impose new man- drug crisis that threatens our youth, tant part of this total legislation. dates. It supports law enforcement’s America’s future. Mr. President, in the coming days, attack on the suppliers of drugs. It also Having said all that, however, I do the Senate will be faced with a stark supports local efforts to control drugs not mean to suggest that we should ig- choice: We can be panicked down the in neighborhoods, schools, and busi- nore teenage smoking. Let me repeat road of least resistance to passing a big nesses. Nothing can be more important that for the Record, because I am quite Government antitobacco bill that than supporting these local efforts, be- sure there are some who will say, won’t do the job but will become a per- cause they are the front line in the war ‘‘Well, COVERDELL and CRAIG are trying manent tax and regulatory nightmare, on drugs. And right now, with the ef- to switch the focus.’’ No; we are trying or we can pass some commonsense leg- forts in communities to be drug free, to refocus. We are trying to do fine islation that will help States, local- they are the only line, the only real focus. We are trying to get this Gov- ities, communities, and, most of all, line that is working. We do not need ernment pointed in the right direction. parents take charge of their children’s the hammer of the Federal Govern- In fact, as I have already pointed out, future. We can mount a strong ment to force communities to take ac- there is a connection between youth antismoking campaign, and we can as- tion. As I have mentioned, they are al- smoking and drug use. sist States to do so. ready at it. All they need is a few re- There are a number of commonsense Really, when it comes to controlling sources and our help. antismoking measures we should seri- our borders, when it comes to stopping Let me give an example of something ously consider, but I would like to the massive new flow of drugs into this that is happening in my State that I draw my colleagues’ attention to the country, stimulated by an administra- am so proud of. It is called the Enough one thing in particular we know to be tion that just doesn’t want to face the Is Enough campaign. It is a commu- effective in combating not just teenage issue, then it is time the Congress nity-based drug prevention campaign smoking, but drug use, violence, sui- speak, and we can speak clearly and de- driven by the private sector. No gov- cide, sexual behavior, and emotional cisively if we vote, pass, and add as a ernment dollars or controls are in- disturbances. major component to this tobacco legis- volved. Why? The problem became so In an area that is fairly underrated lation the Coverdell-Craig teenage bad in the Clinton years, the commu- and where the Clinton administration antidrug amendment. nities had to take it on. They said, ‘‘If definitely has been a part of the prob- It sets us in the right direction. It is we cannot get help from the Federal lem, the one thing is parental involve- a quantum step toward dealing with Government, we will do it ourselves,’’ ment in their children’s lives. A recent teenage drug use that, by everyone’s because they saw the numbers going up Washington Post article entitled ‘‘Love measurement, is moving at an astro- and they saw the deaths occurring. Conquers What Ails Teens, Studies nomical rate, taking lives in unbeliev- Most people in Idaho agree that this Find’’ summarized the results of a Fed- able numbers. We hear the statistic, program is the most effective antidrug, eral study known as the National Lon- 3,000 kids start smoking every day, and drug awareness campaign they have gitudinal Study of Adolescent Health that is true, but thousands try drugs ever seen. It builds on the systems based on a survey of 90,000 students and get hooked and thousands die with- within every community that influence grade 7 through 12 and published in the in a very short time. and involve specific groups of individ- Journal of the American Medical Asso- Thank goodness that in your adult uals. It recognizes that each system ciation: years, if you are a smoker, sometimes has a special, specific role to play in Teenagers who have a strong emotional at- common sense hits you like it hit me, the prevention that is necessary and tachment to their parents and teachers are that it was the wrong thing to do, that that it involves all of the community. much less likely to use drugs and alcohol, at- it wasn’t healthy, that it was socially It unites these systems. It includes the tempt suicide, engage in violence, become unacceptable, and that it was not going media and the public and private sec- sexually active at an early age. to cause me to be a good influence over tors behind a common goal—to equip That is what the Post reported. my children, and I quit. But I doubt se- our children to walk drug free through Though less important than the emo- riously that in my youth, if I had been a drug-filled world. It focuses on com- tional connection, the presence of par- hooked on drugs, I might not have had munity teamwork to fight the drug ents at home at key times in the morn- the opportunity to quit. culture and regain the quality of life ing, after school, at dinner, at bedtime I hope this Congress awakens to the for our children. Enough Is Enough is make teenagers less likely to use alco- real issue, and I think my colleague the largest community-wide drug pre- hol, tobacco and marijuana. from Georgia and I are bringing the vention effort in Idaho’s history. Anti- Mr. President, the Federal Govern- real issue to the floor of the U.S. Sen- drug advocate Milton Creagh has deliv- ment cannot mandate family cohesion, ate. We will debate it tomorrow, and ered his challenge to communities all but I cannot think of a better argu- we will debate it Monday. I hope that over the State. More than 100,000 peo- ment for passing S. 4, the Family we have a resounding vote in favor of ple have already participated in the Friendly Workplace Act. That would the Coverdell-Craig amendment, that program, and additional community encourage a host of comptime-flextime it become a part of this total package, coalitions are being formed every day. options for America’s parents. Why am and that we deal with it in a fair and This program is proof that the Fed- I talking about this when we are trying responsible way, then find and bring eral Government does not have all the to stop teenagers from smoking, when about the funding necessary to ensure answers. In fact, the Federal Govern- we have an amendment on the floor that we can put our Coast Guard back ment can do a lot of harm by forcing about teenage drug abuse that we are to interdiction, that we can stop the wrong programs and wrong incentives trying to curb? Because it ought to be flow at the borders, that we can go S5630 CONGRESSIONAL RECORD — SENATE June 4, 1998 after the pusher on the street, and that himself as a common man. My dad is the The Profile in Courage award takes we can show our young people that same way. They understood early on, that its name from President Kennedy’s starting or experimenting with drugs is every person has a unique and individual Pulitzer Prize-winning book, ‘‘Profiles not only unacceptable as a part of the worth, and that that is why freedom is indis- in Courage,’’ which my brother wrote pensable to assure man’s proper place in na- American culture, but that we will in- ture. in the 1950’s, while he was still a Sen- sist they quit for their safety and for As a young man, Barry Goldwater helped ator. The book told the stories of elect- their future. run his family’s trading post on the Navajo ed officials in American history who Mr. President, I yield the floor. reservation. He knew the Hopi and the Nav- showed extraordinary political courage Ms. COLLINS. Mr. President, I sug- ajo people and appreciated their way of life. by doing what they thought was right, gest the absence of a quorum. He captured on film the character and dig- in spite of powerful resistance and op- The PRESIDING OFFICER. The nity of Native Americans and other people. position. He saw their qualities as individuals, and clerk will call the roll. learned from them and respected them. Nick Murnion clearly demonstrated The assistant legislative clerk pro- Others wanted to remake human nature. that quality of political courage, and ceeded to call the roll. Barry Goldwater appreciated it, as it is. In he did so at great physical risk to him- Ms. COLLINS. Mr. President, I ask that respect, he grasped the truth of the self as well. His small rural community unanimous consent that the order for Founding Fathers, that freedom is indispen- in Montana came under siege, begin- the quorum call be rescinded. sable for the fulfillment of God’s purposes for ning in 1993, from the Freemen, a bel- The PRESIDING OFFICER. Without those He created in His image. ligerent anti-government militia that This homegrown insight is what led him to objection, it is so ordered. be so alarmed by the growth and power of took root in the area. The members of f government since the New Deal. ‘‘A govern- the Freemen refused to abide by local ment that is big enough to give you all you laws or pay taxes. They harassed and MORNING BUSINESS want is big enough to take it all away,’’ he threatened public officials, and threat- Ms. COLLINS. Mr. President, I ask said, reaffirming the belief in limited gov- ened the life of Nick Murnion and any- unanimous consent that there now be a ernment upon which America was estab- one else who challenged them. period for the transaction of routine lished, and upon which he and Ronald But Nick Murnion stood his ground, Reagan and others constructed a conserv- and armed with the rule of law and the morning business with Senators per- atism for our time. mitted to speak for up to 10 minutes It was necessary to have someone of his strong support of other citizens in the each. courage and plain speaking to persuade oth- community, he prevailed. Finally, in The PRESIDING OFFICER. Without ers of this nature-driven view of liberty and 1996, the FBI came to provide assist- objection, it is so ordered. smaller government, at a time when it was ance, and after a dramatic 81-day siege, f not considered a very respectable view. the militia members surrendered But, as Matthew Arnold said, ‘‘The free- peacefully. IN MEMORY OF BARRY thinking of one age is the common sense of Today, as the nation struggles to GOLDWATER the next.’’ There is no doubt that Barry Goldwater—as the pathbreaker for today’s deal with extremist groups, hate Mr. KYL. Mr. President, I ask unani- common-sense conservatism—is the most in- crimes, church bombings, schoolyard mous consent that the eulogy I deliv- fluential Arizonan in our lifetime, indeed, in shootings, and other distressing acts of ered at the funeral for the former U.S. the lifetime of Arizona as a state. violence in our society, Nick Murnion’s Senator from Arizona, Barry Gold- Summarizing his own life, in 1988 he wrote: inspiring story reminds us of leader- ‘‘Freedom has been the watchword of my water, in Tempe, Arizona on June 3, ship at its best in our democracy. political life. I rose from a dusty little fron- In accepting the Profile in Courage 1998, be printed in the RECORD. tier town and preached freedom across the There being no objection, the eulogy land all my days. It is democracy’s ultimate Award, Nick Murnion delivered a truly was ordered to be printed in the power and assures its eventual triumph over eloquent address at the Kennedy Li- RECORD, as follows: communism. I believe in faith, hope, and brary in Boston, and I ask unanimous IN MEMORY OF BARRY GOLDWATER charity. But none of these is possible with- consent that his remarks be printed in out freedom.’’ the RECORD. (Remarks of Jon Kyl, Tempe, Arizona, As It was a privilege to know someone who Delivered June 3, 1998) There being no objection, the re- was as obvious in his virtues as he was in his marks were ordered to be printed in We honor Barry Goldwater today by re- opinions. When I visited with him in the last flecting on why he has made such a mark on few years, he seemed reluctant to offer the the RECORD, as follows: our state, our nation, and the world. specific political advice that I occasionally ADDRESS OF GARFIELD COUNTY ATTORNEY All of us probably remember the first time sought from him. He wanted instead to talk NICKOLAS S. MURNION, 1998 PROFILE IN we met Barry. In my case, it was in May 1961 about the people he had known, about his COURAGE AWARD CEREMONY, MAY 29, 1998 when I was a student at the University of Ar- early formative experiences in Arizona, and Members of the President’s family, Trust- izona. After working with him in the politi- about history. ees of the John F. Kennedy Library Founda- cal arena for most of the ensuing years, and There are too few people who give you the tion, family and friends. after visiting with him often during his re- feeling that they have the long view in mind. I was both shocked and delighted four tirement, I think I know why he has had the Barry Goldwater did. There are too few who weeks ago when Caroline Kennedy called me influence he has had. I have come to believe show us what it is like for a man to guide his in a little town in Montana to give me the it is because of his very unique perspective— life by true principles. Barry Goldwater great news that I had been selected as this about nature, including human nature. showed us. The Senator from Arizona was year’s John F. Kennedy Profile in Courage It is why he could do without all of the po- not only a great patriot, he was, as he wished recipient. I had a vague awareness of the litical folderol that preoccupies so many in to be remembered, an honest man who tried. award, but my first reaction was disbelief. I public life. It is why he could shrug off his f couldn’t figure out how I could be selected defeat in the presidential election of 1964— for such a prestigious honor, when I had no not because he didn’t care, but because he NICK MURNION OF GARFIELD idea I was even being considered. I will also knew, in the end, the most important thing COUNTY, MONTANA—PROFILE IN admit that at the time, I was almost more in was to tell the truth as he saw it, and to COURAGE awe in talking with Caroline Kennedy than build a foundation for the future. Mr. KENNEDY. Mr. President, on in getting the great news about the award. It is why he cared about and understood My first recollection of any political race people so well, and could shape a political May 29, during the Memorial Day re- was in 1960, when at the age of 7 I asked to philosophy which works precisely because it cess last week, the Kennedy Library see pictures in the newspaper of who was is predicated upon the true nature of man. Foundation held its annual ‘‘Profile in running for President of the United States. That sense of perspective, of what truly Courage’’ Award Ceremony at the Ken- My first impression was that there was no mattered, was rooted in his early experiences nedy Library in Boston. The 1998 Pro- question I would have voted for John F. Ken- traveling this state, rafting down the Grand file in Courage Award was presented to nedy. Later I remember a schoolteacher tell- Canyon, photographing Arizona’s landscapes Nickolas C. Murnion, the County At- ing us to remember President Kennedy as and getting to know a lot of common people. torney of Garfield County, Montana, having made some of the most eloquent He was very much a part of the land, the speeches in our time. Looking back at those desert, the mountains, and the people and for his courageous leadership in the speeches now, I believe she was right. The places of Arizona. confrontation earlier in this decade Kennedy presidency was one that I remem- One reason I think he liked common people with the militia group called the ber very fondly for the ideals expressed and is because, like Abraham Lincoln, he saw Freemen. the vision of a future where everyone could June 4, 1998 CONGRESSIONAL RECORD — SENATE S5631 share in the American Dream. Politics was a City bombing. They have not gone away, al- THE VERY BAD DEBT BOXSCORE noble profession to which a young person though their movement has gone more un- could aspire. derground. They will be back with the same Mr. HELMS. Mr. President, at the One of my biggest honors in being chosen hate-filled message filled with scapegoats close of business yesterday, Wednes- to receive this award is to represent the Big and conspiracy theories for all their prob- day, June 3, 1998, the federal debt stood Sky State of Montana. Apparently, John F. lems. at $5,496,176,063,717.35 (Five trillion, Kennedy also was fond of our state. When he As a prosecutor, I am not sure I did any- four hundred ninety-six billion, one addressed the Montana Democratic Conven- thing in this situation that any other pros- hundred seventy-six million, sixty- tion in 1960, he quoted Thoreau: ‘‘Eastward I ecutor in America would not have done. Ev- only go by force. Westward I go free.’’ Then three thousand, seven hundred seven- eryday, all across this country, men and teen dollars and thirty-five cents). he added, ‘‘That is why I have come to Mon- women in law enforcement put their lives on tana.’’ the line to enforce the law, so that the rest One year ago, June 3, 1997, the federal President’s Kennedy’s last stop was in of us can live in peace. They are the true un- debt stood at $5,357,051,000,000 (Five Great Falls on September 26, 1963, where he sung heroes. trillion, three hundred fifty-seven bil- closed his final speech by saying: ‘‘This sun For many months before the FBI finally lion, fifty-one million). in this sky which shines over Montana can came to Garfield County, we tried to devise Five years ago, June 3, 1993, the fed- be, I believe, the kind of inspiration to us all ways to serve our arrest warrants on fugi- eral debt stood at $4,294,168,000,000 to recognize what a great single country we tives residing in an armed camp. In those have—50 separate states, but one people liv- (Four trillion, two hundred ninety-four meetings, I learned the immense pressure billion, one hundred sixty-eight mil- ing here in the United States, building this felt by our leaders when they have to send country and maintaining the watch around men into harms way. The decision to make lion). the globe. This is the opportunity before us any attempt to serve our arrest warrants Ten years ago, June 3, 1988, the fed- as well as the responsibility.’’ could result in the death of law enforcement eral debt stood at $2,573,962,000,000 (Two As I appear before you today in the great personnel and of those people you previously trillion, five hundred seventy-three bil- state of Massachusetts and in this historical considered to be your friend and neighbors. city of Boston, I am proud to be part of these lion, nine hundred sixty-two million). Most importantly, you learn that contrary 50 great states. My experience the last five Fifteen years ago, June 3, 1983, the to the television and the movie portrayals, years in dealing with the Montana Freemen federal debt stood at $1,313,457,000,000 sending armed men into an armed camp al- has instilled in me a great appreciation for (One trillion, three hundred thirteen most always results in something going our democratic form of government. Until wrong. billion, four hundred fifty-seven mil- you have to fight for your government you lion) which reflects a debt increase of tend to take it for granted. In 1994 in a small I also learned that those in law enforce- ment who are trained to take these actions more than $4 trillion— county in Montana with only 1,500 residents $4,182,719,063,717.35 (Four trillion, one and one sheriff and one deputy, our people are much like you and me. They are married had to make a decision to take a stand with families, and their biggest desire is to hundred eighty-two billion, seven hun- against 30 armed insurrectionists, even go back to their families. I salute all of the dred nineteen million, sixty-three though it put their own lives and property at fine men and women in the F.B.I. who came thousand, seven hundred seventeen dol- risk. Even with the knowledge of the risks, to our aid in Garfield County. I also want us lars and thirty-five cents) during the 80 people signed up to assist law enforcement to remember F.B.I. agent Kevin Cramer, who past 15 years. in whatever was needed to be done to deal lost his life in an automobile accident on his f with a situation which was rapidly escalat- way to the standoff area. He left behind a wife and two small children and we should ing into an armed confrontation. In accept- U.S. FOREIGN OIL CONSUMPTION ing this award I wish to acknowledge the not forget that we did have a fatality caused courage of those 80 people and of the rest of by the standoff. FOR WEEK ENDING MAY 29TH I want to share this honor with the people the community which overwhelmingly con- Mr. HELMS. Mr. President, the demned this movement. of the great state of Montana who have over In ‘‘Profiles in Courage’’ I was struck by the past few years had to deal with different American Petroleum Institute reported the stands taken by different people in his- types of hate groups in different commu- for the week ending May 29, that the tory which left them alone to fight the bat- nities. In almost every case, the commu- U.S. imported 8,549,000 barrels of oil tle. Everyone seemed to desert them at one nities have come together to condemn the each day, an increase of 175,000 barrels time or another. I never felt completely hate-motivated activities. In Billings, we a day over the 8,374,000 imported during had the wonderful example of a community alone in this struggle. I had the people of the same week a year ago. Garfield County for support. I had Attorney showing support by placing menorahs in the windows of hundreds of homes after a Jewish Americans relied on foreign oil for General Joe Mazurek assisting on behalf of 57.2 percent of their needs last week. the State of Montana. When times got real family had a brick thrown through their bad, I knew I could always call on Senator window. There are no signs that the upward spi- Max Baucus for help. In other parts of Montana, we have had ral will abate. Before the Persian Gulf The story of Edmund G. Ross who cast the other Freemen-type activity which law en- War, the United States obtained ap- deciding vote in stopping the impeachment forcement has vigorously prosecuted. Lately, proximately 45 percent of its oil supply of President Andrew Johnson particularly we had a fire set on one of our Hutterite from foreign countries. During the touched me. Ross voted against the impeach- colonies, which has led to condemnation by Arab oil embargo in the 1970s, foreign our Congressman and an intensive criminal ment to save the Union against those who oil accounted for only 35 percent of wanted to continue the struggles brought on investigation. by the Civil War. Years later the Kansas In Billings, Montana a campaign to deal America’s oil supply. newspapers finally praised the actions of with hate groups used the message ‘‘Not in Politicians had better give consider- Ross. ‘‘By the firmness and courage of Sen- our Town.’’ In Garfield County, the message ation to the economic calamity sure to ator Ross, it was said, the country was saved our people sent was clear. ‘‘Not in our Coun- occur in America if and when foreign from calamity greater than war, while it ty.’’ In the State of Montana, I am proud to producers shut off our supply—or dou- consigned him into a political martyrdom, say we have sent a message ‘‘Not in our ble the already enormous cost of im- the most cruel in our history. Ross was the State.’’ I stand before you today in the great ported oil flowing into the U.S.—now state of Massachusetts and say ‘‘Not in this victim of a wild flame of intolerance which 8,549,000 barrels a day. swept everything before it. He did his duty Country.’’ knowing it meant his political death. It was Those groups who look with envious eyes f a brave thing for Ross to do, but Ross did it. at the vast open spaces of Montana with the He acted for his conscience and with a lofty idea of making it some type of refuge for MESSAGES FROM THE PRESIDENT patriotism, regardless of what he knew must white supremacists need to understand: We Messages from the President of the know about you and your hate-filled ideas. be the ruinous consequences to himself. He United States were communicated to was right.’’ We will expose the truth about you and the There is a growing wave of intolerance in truth will defeat you. To the rest of Amer- the Senate by Mr. Williams, one of his this country by those groups, which call ica, let Montana be an example of how hate secretaries. themselves patriots, militias, constitutional- can be conquered. EXECUTIVE MESSAGES REFERRED ists, common law courts, posse commitatus, Finally I share this award with my wife As in executive session the Presiding and freemen. Their numbers are estimated at and children who have had to endure the Officer laid before the Senate messages between 5 and 20 million. They appear to be threats for the past 5 years. They have quiet- the disenfranchised Americans who believe ly stood by me and I thank them for that. I from the President of the United the government has gotten so corrupt that am deeply honored to accept this award and States submitting sundry nominations the only solution is revolution. They were hope that I can live up to the ideals behind which were referred to the appropriate not taken very seriously until the Oklahoma it each day of the rest of my life. committees. S5632 CONGRESSIONAL RECORD — SENATE June 4, 1998 (The nominations received today are States, together with an accompanying H.R. 2798. An act to redesignate the build- printed at the end of the Senate pro- report; which was referred to the Com- ing of the United States Postal Service lo- ceedings.) mittee on Finance: cated at 2419 West Monroe Street, in Chi- cago, Illinois, as the ‘‘Nancy B. Jefferson f To the Congress of the United States: Post Office Building’’; to the Committee on I hereby transmit the document re- Government Affairs. REPORT CONCERNING THE EXTEN- ferred to in subsection 402(d)(1) of the H.R. 2799. An act to redesignate the build- SION OF WAIVER AUTHORITY Trade Act of 1974, as amended (the ing of the United States Postal Service lo- FOR BELARUS—MESSAGE FROM ‘‘Act’’), with respect to the continu- cated at 324 South Laramie Street in Chi- THE PRESIDENT—PM 134 ation of a waiver of application of sub- cago, Illinois, as the ‘‘Reverend Milton R. The PRESIDING OFFICER laid be- sections (a) and (b) of section 402 of the Brunson Post Office Building’’; to the Com- mittee on Governmental Affairs. fore the Senate the following message Act to the People’s Republic of China. H.R. 3504. An act to amend the John F. from the President of the United This document constitutes my rec- Kennedy Center Act to authorize appropria- States, together with an accompanying ommendation to continue in effect this tions for the John F. Kennedy Center for the report; which was referred to the Com- waiver for a further 12-month period Performing Arts and to further define the mittee on Finance: and includes my determination that criteria for capital repair and operation and continuation of the waiver currently in maintenance; to the Committee on Environ- To the Congress of the United States: effect for the People’s Republic of ment and Public Works. I hereby transmit the document re- China will substantially promote the H.R. 3630. An act to redesignate the facility ferred to in subsection 402(d)(1) of the objectives of section 402 of the Act, and of the United States Postal Service located Trade Act of 1974, as amended (the my reasons for such determinations. at 9719 Candelaria Road NE., in Albuquerque, ‘‘Act’’), with respect to the continu- New Mexico, as the ‘‘Seven Schiff Post Of- WILLIAM J. CLINTON. fice’’; to the Committee on Governmental ation of a waiver of application of sub- THE WHITE HOUSE, June 3, 1998. sections (a) and (b) of section 402 of the Affairs. f H.R. 3808. An act to designate the United Act. This document constitutes my MESSAGES FROM THE HOUSE States Post Office located at 47526 Clipper recommendation to continue in effect Drive in Plymouth, Michigan, as the ‘‘Carl this waiver for a further 12-month pe- At 10:49 a.m., a message from the D. Pursell Post Office’’; to the Committee on riod and includes my determination House of Representatives, delivered by Governmental Affairs. that continuation of the waiver cur- Mr. Hays, one of its reading clerks, an- f rently in effect for the Republic of nounced that the House has passed the Belarus will substantially promote the following bills, in which it requests the ENROLLED BILL PRESENTED objectives of section 402 of the Act, and concurrence of the Senate: The Secretary of the Senate reported my reasons for such determination. I H.R. 2798. An act to redesignate the build- that on June 4, 1998 he has presented to will submit separate reports with re- ing of the United States Postal Service lo- the President of the United States, the spect to Vietnam and the People’s Re- cated at 2419 West Monroe Street, in Chi- following enrolled bill: cago, Illinois, as the ‘‘Nancy B. Jefferson public of China. Post Office Building.’’ S. 1605. An act to established a matching WILLIAM J. CLINTON. H.R. 2799. An act to redesignate the build- grant program to help State and local juris- THE WHITE HOUSE, June 3, 1998. ing of the United States Postal Service lo- dictions purchase armor vests for use by law enforcement departments. f cated at 324 South Laramie Street, in Chi- cago, Illinois, as the ‘‘Reverend Milton R. f Brunston Post Office Building.’’ REPORT CONCERNING THE EXTEN- EXECUTIVE AND OTHER SION OF WAIVER AUTHORITY H.R. 3504. An act to amend the John F. Kennedy Center Act to authorize appropria- COMMUNICATIONS FOR VIETNAM—MESSAGE FROM tions for the John F. Kennedy Center for the The following communications were THE PRESIDENT—PM 135 Performing Arts and to further define the laid before the Senate, together with The PRESIDING OFFICER laid be- criteria for capital repair and operation and maintenance. accompanying papers, reports, and doc- fore the Senate the following message H.R. 3630. An act to redesignate the facility uments, which were referred as indi- from the President of the United of the United States Postal Service located cated: States, together with an accompanying at 9719 Candelaria Road NE., in Albuquerque, EC–5196. A communication from the Ad- report; which was referred to the Com- New Mexico, as the ‘‘Steven Schiff Post Of- ministrator of the Agricultural Marketing fice.’’ mittee on Finance: Service, Department of Agriculture, trans- H.R. 3808. An act to designate the United To the Congress of the United States: States Post Office located at 47526 Clipper mitting, pursuant to law, the report of a rule I hereby transmit the document re- Drive in Plymouth, Michigan, as the ‘‘Carl entitled ‘‘1998 Amendment to Cotton Board D. Pursell Post Office.’’ Rules and Regulations Adjusting Supple- ferred to in subsection 402(d)(1) of the mental Assessment on Imports’’ (Docket CN– Trade Act of 1974 (the ‘‘Act’’), as H.R. 3978. An act to restore the provision agreed to the conferees to H.R. 2400, entitled 98–002) received on May 28, 1998; to the Com- amended, with respect to the continu- the ‘‘Transportation Equity Act for the 21st mittee on Agriculture, Nutrition, and For- ation of a waiver of application of sub- Century,’’ but not included in the conference estry. sections (a) and (b) of section 402 of the report to H.R. 2400, and for other purposes. EC–5197. A communication from the Ad- Act to Vietnam. This document con- The message also announced that the ministrator of the Agricultural Marketing Service, Department of Agriculture, trans- stitutes my recommendation to con- House has passed the following bill, tinue in effect this waiver for a further mitting, pursuant to law, the report of a rule without amendment: entitled ‘‘Hazelnuts Grown in Oregon and 12-month period and includes my deter- S. 1244. An act to amend title 11, United Washington; Establishment of Interim and mination that continuation of the States Code, to protect certain charitable Final Free and Restricted Percentages for waiver currently in effect for Vietnam contributions, and for other purposes. the 1997–98 Marketing Year’’ (Docket FV98– will substantially promote the objec- ENROLLED BILL SIGNED 982–1 FIR) received on May 28, 1998; to the tives of section 402 of the Act, and my At 7:11 p.m., a message from the Committee on Agriculture, Nutrition, and reasons for such determination. House of Representatives, delivered by Forestry. WILLIAM J. CLINTON. Mr. Hanrahan, one of its reading EC–5198. A communication from the Ad- ministrator of the Agricultural Marketing THE WHITE HOUSE, June 3, 1998. clerks, announced that the Speaker has signed the following enrolled bill; Service, Department of Agriculture, trans- f mitting, pursuant to law, the report of a rule H.R. 824. An act to redesignate the Federal entitled ‘‘Melons Grown in South Texas; De- REPORT CONCERNING THE EXTEN- building located at 717 Madison Place, N.W., creased Assessment Rate’’ (Docket FV98–979– in the District of Columbia, as the ‘‘Howard SION OF WAIVER AUTHORITY 1 FIR) received on May 28, 1998; to the Com- T. Markey National Courts Building.’’ FOR THE PEOPLE’S REPUBLIC mittee on Agriculture, Nutrition, and For- OF CHINA—MESSAGE FROM THE f estry. PRESIDENT—PM 136 MEASURES REFERRED EC–5199. A communication from the Ad- ministrator of the Agricultural Marketing The PRESIDING OFFICER laid be- The following bills were read the first Service, Department of Agriculture, trans- fore the Senate the following message and second times by unanimous con- mitting, pursuant to law, the report of a rule from the President of the United sent and referred as indicated: entitled ‘‘Grapes Grown in a Designated Area June 4, 1998 CONGRESSIONAL RECORD — SENATE S5633 of Southeastern California and Imported port entitled ‘‘Assessment of Reports from report of a rule entitled ‘‘Identification of Table Grapes; Revision in Minimum Grade, the Military Departments on Sexual Harass- Ozone Areas Attaining the 1-Hour Standard Container, and Pack Requirements’’ (Docket ment Complaints’’; to the Committee on and to Which the 1-Hour Standard is No FV98–925–3 FIR) received on May 28, 1998; to Armed Services. Longer Applicable’’ (FRL6105–6) received on the Committee on Agriculture, Nutrition, EC–5211. A communication from the Assist- May 29, 1998; to the Committee on Environ- and Forestry. ant Secretary for Strategy and Threat Re- ment and Public Works. EC–5200. A communication from the Ad- duction, Department of Defense, transmit- EC–5223. A communication from the Direc- ministrator of the Agricultural Marketing ting, pursuant to law, a report entitled ‘‘Rus- tor of the Office of Management and Budget, Service, Department of Agriculture, trans- sian Plutonium Production Reactor Core Executive Office of the President, transmit- mitting, pursuant to law, the report of a rule Conversion Project’’; to the Committee on ting, a draft of proposed legislation to grant entitled ‘‘Sweet Onions Grown in the Walla Armed Services. the District of Columbia control over local Walla Valley of Southeast Washington and EC–5212. A communication from the Under revenues; to the Committee on Govern- Northeast Oregon; Increased Assessment Secretary of Defense for Acquisition and mental Affairs. Rate’’ (Docket FV98–956–2 FR) received on Technology, transmitting, pursuant to law, a EC–5224. A communication from the In- May 28, 1998; to the Committee on Agri- report on the best commercial inventory terim District of Columbia Auditor, trans- culture, Nutrition, and Forestry. practices; to the Committee on Armed Serv- mitting, pursuant to law, a report entitled EC–5201. A communication from the Con- ices. ‘‘Review of The Financial And Administra- gressional Review Coordinator, Animal and EC–5213. A communication from the Chief tive Activities of The Boxing and Wrestling Plant Health Inspection Service, Department of the Regulations Branch, United States Commission For Fiscal Years 1996 and 1997’’; of Agriculture, transmitting, pursuant to Customs Service, Department of the Treas- to the Committee on Governmental Affairs. law, the report of a rule entitled ‘‘Commuted ury, transmitting, pursuant to law, the re- EC–5225. A communication from the Direc- Traveltime Periods: Overtime Services Re- port of a rule entitled ‘‘Prior Disclosure’’ tor of Corporate Audits and Standards, Ac- lating to Imports and Exports’’ (Docket 98– (RIN1515–AB98) received on May 26, 1998; to counting and Information Management Divi- 051–1) received on May 28, 1998; to the Com- the Committee on Finance. sion, General Accounting Office, transmit- mittee on Agriculture, Nutrition, and For- EC–5214. A communication from the Chief ting, a report entitled ‘‘Congressional Award estry. of the Regulations Branch, United States Foundation’s 1997 and 1996 Financial State- EC–5202. A communication from the Ad- Customs Service, Department of the Treas- ments’’; to the Committee on Governmental ministrator of the Grain Inspection, Packers ury, transmitting, pursuant to law, the re- Affairs. EC–5226. A communication from the Ad- and Stockyards Administration, Department port of a rule entitled ‘‘Emissions Standards ministrator of the Panama Canal Commis- of Agriculture, transmitting, pursuant to for Imported Nonroad Engines’’ (RIN1515– sion, transmitting, a report entitled ‘‘Finan- law, the report of a rule entitled ‘‘General AC28) received on May 26, 1998; to the Com- cial Statements For the Years Ended Sep- Regulations and Standards for Certain Agri- mittee on Finance. tember 30, 1997 and 1996 Together With Audi- cultural Commodities’’ (RIN0580–AA54) re- EC–5215. A communication from the Chief tors’ Report’’; to the Committee on Govern- ceived on May 28, 1998; to the Committee on of the Regulations Branch, United States mental Affairs. Customs Service, Department of the Treas- Agriculture, Nutrition, and Forestry. EC–5227. A communication from the Office EC–5203. A communication from the Sec- ury, transmitting, pursuant to law, the re- of the Public Printer, U.S. Government retary of Agriculture, transmitting, a draft port of a rule entitled ‘‘Automated Clearing- Printing Office, transmitting, pursuant to of proposed legislation entitled ‘‘Department house Credit’’ (RIN1515–AC26) received on law, the report of the Office of the Inspector of Agriculture Fee Act’’; to the Committee May 26, 1998; to the Committee on Finance. General for the period October 1, 1997, EC–5216. A communication from the Chief on Agriculture, Nutrition, and Forestry. through March 31, 1998; to the Committee on EC–5204. A communication from the Sec- of the Regulations Branch, United States Governmental Affairs. retary of Defense, transmitting, pursuant to Customs Service, Department of the Treas- EC–5228. A communication from the Sec- law, the report of a certification regarding a ury, transmitting, pursuant to law, the re- retary of Health and Human Services, trans- multiyear contract for the Family of Me- port of a rule entitled ‘‘Procedural Change mitting, pursuant to law, a report under the dium Tactical Wheeled Vehicles program; to Regarding American Shooks and Staves’’ Inspector General Act for the period October the Committee on Armed Services. (RIN1515–AC18) received on May 28, 1998; to 1, 1997 through March 31, 1998; to the Com- EC–5205. A communication from the Sec- the Committee on Finance. mittee on Governmental Affairs. retary of Defense, transmitting, pursuant to EC–5217. A communication from the Sec- EC–5229. A communication from the Direc- law, a report on the weapons storage secu- retary of Health and Human Services, trans- tor of the Office of Personnel Management, rity project and a certification regarding mitting, pursuant to law, a report on the transmitting, pursuant to law, the report of strategic offensive arms; to the Committee Temporary Assistance for Needy Families a rule entitled ‘‘Federal Employees Health on Armed Services. (TANF) Contingency Fund; to the Commit- Benefits Program: Removal of Minimum Sal- EC–5206. A communication from the Sec- tee on Finance. ary Requirement’’ (RIN3206–AI05) received on retary of Defense, transmitting, pursuant to EC–5218. A communication from the Sec- May 28, 1998; to the Committee on Govern- law, a report entitled ‘‘Response to Rec- retary of Health and Human Services, trans- mental Affairs. ommendations Concerning Improvements to mitting, pursuant to law, the report of a rule EC–5230. A communication from the Sec- Department of Defense Joint Manpower entitled ‘‘Surety Bond Requirements for retary of Agriculture, transmitting, pursu- Process’’; to the Committee on Armed Serv- Home Health Agencies’’ (RIN0938–AI86) re- ant to law, the report of the Office of Inspec- ices. ceived on May 29, 1998; to the Committee on tor General for the period October 1, 1997 EC–5207. A communication from the Direc- Finance. through March 31, 1998; to the Committee on tor of Defense Procurement, Office of the EC–5219. A communication from the Ad- Governmental Affairs. Under Secretary of Defense for Acquisition ministrator of the Environmental Protection EC–5231. A communication from the Chair- and Technology, transmitting, pursuant to Agency, transmitting, pursuant to law, a re- man and the General Counsel of the National law, the report of a rule entitled ‘‘Defense port entitled ‘‘1996 National Water Quality Labor Relations Board, transmitting, pursu- Federal Acquisition Regulation Supplement; Inventory Report’’; to the Committee on En- ant to law, the report of the Office of the In- Waiver of Domestic Source Restrictions’’ vironment and Public Works. spector General for the period April 1, 1997 (Case 97–D321) received on May 26, 1998; to EC–5220. A communication from the Direc- through September 30, 1997; to the Commit- the Committee on Armed Services. tor of the Office of Regulatory Management tee on Governmental Affairs. EC–5208. A communication from the Direc- and Information, Environmental Protection EC–5232. A communication from the Chair- tor of the Washington Headquarters Serv- Agency, transmitting, pursuant to law, the man of the Federal Maritime Commission, ices, Department of Defense, transmitting, report of a rule regarding Air Quality Imple- transmitting, pursuant to law, the report of pursuant to law, the report of a rule entitled mentation Plans in the District of Columbia the Inspector General for the period October ‘‘Civilian Health and Medical Program of the (FRL6103–3) received on May 26, 1998; to the 1, 1997 through March 31, 1998; to the Com- Uniformed Services (CHAMPUS); Waiver of Committee on Environment and Public mittee on Governmental Affairs. Collection of Payments Due From Certain Works. EC–5233. A communication from the Chair- Persons Unaware of Loss of CHAMPUS Eligi- EC–5221. A communication from the Direc- man of the District of Columbia Financial bility’’ (RIN0720–AA43) received on May 26, tor of the Office of Regulatory Management Responsibility and Management Assistance 1998; to the Committee on Armed Services. and Information, Environmental Protection Authority, transmitting, pursuant to law, EC–5209. A communication from the Gen- Agency, transmitting, pursuant to law, the the Financial Plan and Budget for the Dis- eral Counsel of the Department of Defense, report of two rules regarding lead hazard trict of Columbia for fiscal year 1999; to the transmitting, pursuant to law, the report of education and Wyoming landfill gas emis- Committee on Governmental Affairs. the Department of Defense Panel to Study sions (FRL5751–7, FRL6104–7) received on EC–5234. A communication from the Chair- Military Justice in the National Guard Not May 28, 1998; to the Committee on Environ- man of the Board of Governors of the Federal in Federal Service; to the Committee on ment and Public Works. Reserve System, transmitting, pursuant to Armed Services. EC–5222. A communication from the Direc- law, the report of the Office of Inspector EC–5210. A communication from the Under tor of the Office of Regulatory Management General for the period October 1, 1997 Secretary of Defense for Personnel and Read- and Information, Environmental Protection through March 31, 1998; to the Committee on iness, transmitting, pursuant to law, a re- Agency, transmitting, pursuant to law, the Governmental Affairs. S5634 CONGRESSIONAL RECORD — SENATE June 4, 1998 REPORTS OF COMMITTEES of 1974 with respect to Vietnam; to the Com- evident that we face what amounts to mittee on Finance. a retirement crisis. The following reports of committees By Mr. INHOFE: were submitted: The less individuals save for their re- S.J. Res. 48. A bill proposing an amend- tirement, the greater the strain on an By Mr. STEVENS, from the Committee on ment to the Constitution of the United Appropriations, without amendment: States restoring religious freedom; to the ailing Social Security system that is S. 2132. An original bill making appropria- Committee on the Judiciary. incapable of sustaining the fast-grow- tions for the Department of Defense for fis- f ing retired population. cal year ending September 30, 1999, and for Yet studies show that an increasing other purposes (Rept. No. 200). SUBMISSION OF CONCURRENT AND number of Americans are depending on By Mr. HATCH, from the Committee on SENATE RESOLUTIONS Social Security for their retirement in- the Judiciary, with an amendment in the na- The following concurrent resolutions come. According to the Employee Ben- ture of a substitute: and Senate resolutions were read, and efit Research Institute, Social Security S. 1301. A bill to amend title 11, United is the primary source of income for 80% States Code, to provide for consumer bank- referred (or acted upon), as indicated: ruptcy protection, and for other purposes. By Mr. ASHCROFT (for himself and of retired Americans, and practically f Mr. HUTCHINSON): the only source for 40% of retirees. S. Res. 242. A resolution expressing the Those who depend on Social Security EXECUTIVE REPORTS OF sense of the Senate that the President for their retirement can expect a COMMITTEE should not go to China until certain aspects standard of living far lower than the of United States policy toward China in the one they enjoyed while in the work The following executive reports of areas of national security, trade, and human committees were submitted: force. rights have been clarified and outstanding For instance, an individual who has By Mr. THURMOND, from the Committee questions surrounding the export of United on Armed Services: States satellite and missile technology have an annual income of $15,000 per year Joseph W. Westphal, of Virginia, to be an been answered; to the Committee on Foreign who retires in 1998 at age 65 can expect Assistant Secretary of the Army. Relations. Social Security to provide only one- Mahlon Apgar, IV, of Maryland, to be an By Mr. BRYAN (for himself and Mr. half their previous income, and the re- Assistant Secretary of the Army. REID): placement rate drops steadily when Hans Mark, of Texas, to be Director of De- S. Res. 243. A resolution to commend and moving up the income bracket. fense Research and Engineering. congratulate the University of Nevada Las Indeed, Social Security was never in- (The above nominations were re- Vegas men’s golf team on winning the team’s tended to be the major source of retire- ported with the recommendation that first National Collegiate Athletic Associa- ment savings that it seems to have be- tion Championship; considered and agreed they be confirmed, subject to the nomi- to. come—its purpose was to serve as a nees’ commitment to respond to re- By Mr. ABRAHAM (for himself, Mr. single leg in a three-legged stool that quests to appear and testify before any DEWINE, and Mr. ASHCROFT): would sustain Americans in their re- duly constituted committee of the Sen- S. Con. Res. 101. A concurrent resolution tirement years. ate.) expressing the sense of the Congress that the Social Security’s original purpose f President of the United States should recon- was to provide Americans with the sider his decision to be formally received in minimal level of income in retirement INTRODUCTION OF BILLS AND Tiananmen Square by the Government of the that when combined with personal sav- JOINT RESOLUTIONS People’s Republic of China; to the Commit- tee on Foreign Relations. ings and employment-based pensions The following bills and joint resolu- By Mr. ROCKEFELLER (for himself, would give retirees the living standard tions were introduced, read the first Mr. SPECTER, Mr. LOTT, and Mr. they enjoyed before retirement. and second time by unanimous con- DASCHLE): Mr. President, given these facts sent, and referred as indicated: S. Con. Res. 102. A concurrent resolution about Social Security and the decline By Mr. GRAMS: recognizing disabled American veterans; con- in savings among Americans, it is cru- S. 2130. A bill to amend the Internal Reve- sidered and agreed to. cial that steps be taken to ensure that nue Code of 1986 to provide additional retire- f the three-legged stool does not collapse ment savings opportunities for small em- under the weight of the growing retired ployers, including self-employed individuals; STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS population. to the Committee on Finance. It is true that recent steps taken by By Mr. CHAFEE (for himself, Mr. WAR- By Mr. GRAMS: NER, and Mr. BAUCUS) (by request): Congress, particularly the 1996 enact- S. 2130. A bill to amend the Internal ment of the SIMPLE retirement plan, S. 2131. A bill to provide for the conserva- Revenue Code of 1986 to provide addi- tion and development of water and related have succeed in increasing employee resources, to authorize the Secretary of the tional retirement savings opportunities participation in employer-sponsored Army to construct various projects for im- for small employers, including self-em- retirement plans. provements to rivers and harbors of the ployed individuals; to the Committee However, the complexity of qualifica- United States, and for other purposes; to the on Finance. tion requirements under current law Committee on Environment and Public SMALL EMPLOYER NEST EGG ACT OF 1998 and the administrative expenses associ- Works. Mr. GRAMS. Mr. President, I rise By Mr. STEVENS: ated with setting up retirement plans, S. 2132. An original bill making appropria- today to acknowledge the National including the SIMPLE plan, remain tions for the Department of Defense for fis- Summit on Retirement Savings which significant impediments to widespread cal year ending September 30, 1999, and for is taking place here in Washington implementation of these types of em- other purposes; from the Committee on Ap- today and tomorrow. I also want to use ployer-based retirement systems. propriations; placed on the calendar. this occasion to introduce legislation This is particularly true for small By Mr. DOMENICI (for himself and Mr. that will empower a greater number of employers with less than 100 employ- BINGAMAN): working Americans to save for their re- ees, for whom the resulting benefits do S. 2133. A bill to designate former United tirement through employer-sponsored States Route 66 as ‘‘America’s Main Street’’ not outweigh the administrative costs. and authorize the Secretary of the Interior retirement plans. Consequently, only 42% of all individ- to provide assistance; to the Committee on In the course of the next 2 days, the uals employed by small businesses now Energy and Natural Resources. 239 delegates to the National Summit participate in an employer-sponsored By Mr. ALLARD: on Retirement Savings will address an plan, as opposed to 78% of those who S. 2134. A bill to provide for air transpor- issue of great importance as the baby work for larger businesses. tation between Denver, Colorado, and Lon- boom generation draws closer to retire- To address this problem, I am intro- don, England; to the Committee on Com- ment age and the future of Social Secu- ducing the Small Employer Nest Egg merce, Science, and Transportation. rity remains uncertain. Act of 1998. By Mr. SMITH of New Hampshire (for himself and Mr. HELMS): With savings rates at a 59-year low, This legislation will create a new re- S.J. Res. 47. A joint resolution disapprov- and the revelation in the 1998 Social tirement option for small business ing the extension of the waiver authority Security Trustees Report that Social owners with 100 or fewer employees and contained in section 402(c) of the Trade Act Security is actuarially bankrupt, it is it would be similar to the SIMPLE plan June 4, 1998 CONGRESSIONAL RECORD — SENATE S5635 and the SMART plan President Clinton the Reagan administration and Con- Designated in 1926, the 2,200-mile proposed in his fiscal year 1999 budget. gress were able to reach agreement on Route 66 stretched from Chicago to However, my proposal differs some- the landmark Water Resource Develop- Santa Monica, CA. The thoroughfare what from these two plans in that it ment Act (‘‘WRDA’’) of 1986. As a part became the first completely paved would allow the same level of bene- of that important compromise there highway across the United States in fits—both to employers and employ- was a general understanding that a 1938. It rolled through Illinois, Mis- ees—as larger employers who maintain two-year cycle of water project author- souri, Kansas, Oklahoma, Texas, New traditional qualified plans. ization bills would be established. With Mexico, Arizona and California. In my Furthermore, upon retirement or the exception of 1994, the administra- home State of New Mexico, it went separation of service, employees would tion and Congress have successfully through the communities of receive 100% account value. worked together toward that end. Tucumcari, Santa Rosa, Albuquerque, To offset the high costs associated It is time once again to continue the Grants, and Gallup. with starting a pension plan, at the biennial water resources authorization The Legislation I am introducing centerpiece of this proposal is a tax cut cycle with a 1998 WRDA. The bill we in- today would have the National Park equal to 50% of the administrative and troduce today on behalf of the adminis- Service designate an ‘‘Office for Preser- retirement education expenses in- tration represents an effort to identify vation of America’s Main Street’’ with curred for the first five years of a worthwhile projects and policies in officials from the 8 affected States. The plan’s operation. support of the Army Corps of Engineers Preservation Office would be author- In addition, participating businesses Civil Works program. ized to: would be exempt from some of the I and other members of the Commit- Support State, local and private ef- more burdensome administrative re- tee on Environment and Public Works forts to preserve Route 66 by providing quirements associated with qualified will conduct a thorough review of the technical assistance, participating in plans. administration’s WRDA request, and cost-sharing programs, and making That exemption would be in exchange the project and policy requests of indi- grants and loans; for the employers’ agreement to pro- vidual Senators, to make sure that any Act as a clearing house for commu- vide a minimum benefit of 3% to all bill reported to the full Senate later nication among Federal, State, local employees who satisfy a minimum age this year is economically and environ- and private entities interested in the requirement of 21 years old and the mentally justified. preservation of Route 66; minimum service requirement of 1,000 Mr. President, this legislation is im- Assist States in determining the ap- hours during the preceding calendar portant to communities throughout propriation form of a non-Federal en- year. the nation. I look forward to working tity or entities to perform functions of Mr. President, small businesses are closely with colleagues in the coming the Preservation Office once it is ter- the lifeblood of our communities, pro- weeks to ensure enactment of WRDA minated 10 years after enactment of viding millions of jobs nationwide. ’98.∑ this legislation; and, This bill I am introducing has been Sponsor a road sign program on endorsed by the U.S. Chamber of Com- By Mr. DOMENICI (for himself Route 66 to be implemented on a cost- merce. It has also been endorsed by the and Mr. BINGAMAN): sharing basis with State and local or- National Association of Women Small S. 2133. A bill to designate former ganizations. Business Owners and also of 220 small United States Route 66 as ‘‘America’s Route 66 is really a modern-day businesses in Minnesota alone. So it Main Street’’ and authorize the Sec- equivalent to the Santa Fe Trail. I be- has very strong endorsement from the retary of the Interior to provide assist- lieve this bill will provide States and small business community. ance; to the Committee on energy and local communities a more tangible Small business owners want to help Natural Resources. means of gaining Federal assistance to their employees to save for their re- ROUTE 66 LEGISLATION preserve aspects of Route 66. tirement, yet many are unable to do so Mr. DOMENICI. Mr. President, on be- At one time, Route 66 was the most as a result of rigid Government policies half of myself and Senator BINGAMAN famous highway in the United States. that seemingly have little regard for from New Mexico, I am pleased to in- Now it is fading from the American the plight of the small employer. troduce today what we will call the landscape. If we want to preserve I urge my colleagues to support this Route 66 Preservation Act of 1998. Route 66, it is now time to act. legislation and to give small employers Some here in the Senate may recall Up to 500,000 Americans—one quarter the ability they have long sought to that I introduced the Route 66 Study of all entrants to California during help their employees save for their re- Act of 1990, which directed the Na- that era—migrated to California from tirement. tional Park Service to determine the the Dust Bowl on Route 66 from 1935 to best way to preserve, commemorate 1940. John Steinbeck captured this By Mr. CHAFEE (for himself, Mr. and interpret ‘‘America’s Main journey and christened Route 66 the WARNER, and Mr. BAUCUS) (by Street’’—Route 66. ‘‘Mother Road’’ in his classic novel of request): Public Law 102–400 directed the Na- the Depression: ‘‘The Grapes of S. 2131. A bill to provide for the con- tional Park Service to conduct a study Wrath.’’ servation and development of water on the impact of that route, that high- After World War II, another genera- and related resources, to authorize the way on America’s culture. The study tion of Americans trekked across Secretary of the Army to construct was completed in 1995, and addressed America on Route 66, not to escape de- various projects for improvements to the feasibility of preserving what re- spair, but to embrace economic oppor- rivers and harbors of the United mains of the highway and the facilities tunities in the West. Songwriter Bobby States, and for other purposes; to the associated with it through private and Troup expressed the enthusiasm and Committee on Environment and Public public efforts. sense of adventure of this generation in Works. Most nonprofit Route 66 organiza- his song, ‘‘Get Your Kicks on Route WATER RESOURCES DEVELOPMENT ACT OF 1998 tions and other interested parties pre- 66!’’ ∑ Mr. CHAFEE. Mr. President, in my ferred preservation Alternative 5, ask- Route 66 also allowed generations of capacity as chairman of the Committee ing for national recognition of Route 66 vacationers to travel to previously re- on Environment and Public Works, I and partnerships between private and mote areas and experience the natural join with Senators WARNER and BAUCUS public groups for preservation. This beauty and cultures of the Southwest today to introduce the Administra- bill is based on that alternative, and and Far West. tion’s 1998 Water Resources Develop- authorizes the National Park Service Route 66 began to decline with the ment Act by request. to join with Federal, State and private enactment of the Interstate Highway After 16 years of stalemate over the efforts to preserve aspects of historic Act in 1956. In 1984, the last federally appropriate cost sharing of navigation, Route 66, the Nation’s most important designated portion of Route 66 was de- flood control, environmental restora- thoroughfare for east-west migration commissioned when interstate 40 was tion, and other types of water projects, in the 20th century. completed in Arizona. S5636 CONGRESSIONAL RECORD — SENATE June 4, 1998 Hopefully, the Senate will join me in That’s why I am pleased that New Mex- proval by the United States Depart- once again allowing another generation ico is already working aggressively to ment of Transportation. The Depart- to ‘‘get its kicks’’ on Route 66. preserve and memorialize the old high- ment has chosen to deliberately delay The study has been completed, and way. The route in New Mexico is now approval of the British Airways’ agree- now it is time to give the Park Service designated a scenic byway. Our state ment in order to pressure British Air- some direction—let them set up a has worked hard to provide appropriate ways and the authorities at Gatwick small office for the preservation of signage, and the familiar brown and Airport to give US Airways the most Route 66. The bill authorizes partner- white shield signs are now prominent desirable time slots. The Department is ships between the private sector, State along the old route. A number of New simply holding the Denver-London entities and the Federal Government Mexico towns and pueblos have perma- flights hostage until the demands of through existing programs in an effort nent exhibits on the history of Route 66 US Airways are met. This is not proper to preserve various aspects of this in their areas. The city of Tucumcari use of the Department of Transpor- rather magnificent American road- has a whimsical monument to Route 66 tation’s authority; it sets a negative way—Route 66. modeled after a Cadillac tail fin. Soon precedent for airline competition and Many songs have been written about there will be a Route 66 interpretative cooperation between the United States it. Many dreams are described by peo- center at the Pueblo of A´ coma that and Europe, and it is impacting the ple who lived part of their lives there. will showcase the historic and cultural growth of Colorado’s economy. Part of the Grapes of Wrath took place attractions of the region. A similar The Secretary has been kind enough on Route 66. I think before all of what center is planned for the Indian Pueblo to meet with me personally, along with remains of America’s Main Street dis- Cultural Center in Albuquerque. my colleague from Colorado, Senator appears, it is a good time to pass this Mr. President, Route 66 received its BEN NIGHTHORSE CAMPBELL, to discuss kind of bill and see if we can’t preserve original designation in 1926 as a result this issue. In spite of our concerns parts of it. Much is made of preserving of the first national highway plan. about Colorado, the Department still historic things in the United States. It Now, over seventy years later, Con- resists any effort to progress on the ap- would be a shame, since there are so gress has just passed a new highway proval of the British Airways Denver- many people out there who care about bill that clearly recognizes through the London flights. The date for beginning this piece of American history and Enhancements and Scenic Byways Pro- service was postponed from June 1st to want to try to preserve the remnants of grams the importance of preserving August 1st, and unfortunately British Route 66, if we did not do something and protecting our national heritage. Airways will announce tomorrow that now to help them in that effort. With the automobile firmly entrenched the delay in approval will preclude ∑ Mr. BINGAMAN. Mr. President, I am in our culture today, highways such as them from starting service by August pleased to speak in support of this im- Route 66 are a genuine part of our her- 1st. The start date for Denver-London portant legislation being introduced itage. This bill will help assure that direct service has been indefinitely today by my friend Senator DOMENICI. heritage is preserved. I am pleased to postponed. This postponement denies Colorado The bill designates the old Highway 66 co-sponsor this bill with Senator its first overseas international flight at as ‘‘America’s Main Street’’ and au- DOMENICI, and I thank him for his ef- Denver International Airport. It pro- thorizes the National Park Service to forts.∑ help state, tribal and local govern- hibits our tourism industry from grow- ments in their efforts to preserve this By Mr. ALLARD: ing, especially during the upcoming ski unique piece of our national heritage. S. 2134. A bill to provide for air trans- season. It prevents increased competi- Mr. President, Route 66 is more than portation between Denver, Colorado, tion that would result from connecting a 2400-mile highway from Chicago to and London, England; to the Commit- flights at DIA. It creates a problem for Los Angeles. In many ways it rep- tee on Commerce, Science, and Trans- the employees in Denver who have al- resents the American dream, the open portation. ready been hired by British Airways, road, and our unending search for op- DENVER INTERNATIONAL AIRPORT LEGISLATION but who have no jobs. I hope that the Department of Trans- portunity and adventure. This is the ∑ Mr. ALLARD. Mr. President, I am in- portation takes immediate action on ‘‘Mother Road’’ of John Steinbeck’s troducing legislation today to encour- the pending British Airways agree- classic 1939 novel ‘‘The Grapes of age the Secretary of the Department of ment, and I encourage my colleagues Wrath.’’ This is the road immortalized Transportation to act expeditiously in to support me and my efforts to ensure by Cole Porter and Jack Kerouac. In the interest of fairness and in support that the British Airways agreement is the 1950s, this is the road that gave us of the economy of my home state of justly considered, and that Colorado is the popular television series ‘‘Route Colorado. I would like to explain the situation not harmed as the Department of 66.’’ Transportation deals with the separate In my state of New Mexico, Route 66 that causes me to make this proposal. concerns of US airways. ran nearly 400 miles from Glenrio in There exists an agreement between the ∑ Quay County on the east to Manuelito United States and the United Kingdom By Mr. SMITH of New Hampshire in McKinley County on the West. Be- to allow US Airways to operate a di- (for himself and Mr. HELMS): fore 1937, the road looped north rect flight from Charlotte, North Caro- S.J. Res. 47. A joint resolution dis- through Santa Fe and Bernalillo and lina, to Gatwick Airport in London, approving the extension of the waiver south through Isleta and Los Lunas. England. In accordance with fair and authority contained in section 402(c) of Many of us believe the state of New recognized practices, the airlines with the Trade Act of 1974 with respect to Mexico has some of the most compel- established routes and time slots that Vietnam; to the Committee of Finance. ling scenery along the highway. have served Gatwick Airport for years JOINT RESOLUTION DISAPPROVING WAIVER Mr. President, from the beginning were not disturbed, and US Airways AUTHORITY FOR VIETNAM Route 66 was intended to link Ameri- was given landing rights for a time slot ∑ Mr. SMITH of New Hampshire. Mr. ca’s rural and urban areas. Much of the that is not currently occupied. Al- President, today I am introducing leg- original roadway remains along with though it may not be US Airways’ top islation to require Vietnam to provide those old classic filling stations, cafes, choice, the time slot that has been al- freedom of emigration for the Viet- motels, and, of course, those unforget- located appears to be commercially namese people before tax dollars from table neon signs. Indeed, the old high- viable. US Airways, however, refuses to our constituents across America are way remains the ‘‘main street’’ in begin service unless they are given a used to further expand our govern- many New Mexico cities, including Al- better time slot at Gatwick. This re- ment’s trade relations with this com- buquerque, Tucumcari, Santa Rosa, quest is beyond the provisions of the munist regime. As provided for in the Bernalillo, Gallup, and Grants. approved agreement. Trade Act of 1974, my resolution pro- I think it is unfortunate that many An unrelated agreement to allow hibits implementation of the Presi- drivers on our modern Interstate 40 British Airways to provide non-stop dent’s decision yesterday to waive the cross New Mexico without pausing to service from Denver, Colorado, to Lon- freedom of emigration requirements enjoy the nostalgia of the old highway. don, England, is currently pending ap- with Vietnam. June 4, 1998 CONGRESSIONAL RECORD — SENATE S5637

I am pleased that Senator HELMS, the nam. I do not believe we have seen ADDITIONAL COSPONSORS distinguished Chairman of the Senate ‘‘significantly more rapid progress’’ S. 230 Foreign Relations Committee, has which was the standard set by Sec- At the request of Mr. THURMOND, the joined me as a sponsor of this joint res- retary of State Albright herself last name of the Senator from Minnesota olution, and I commend my colleague, year during her visit to Vietnam. And (Mr. GRAMS) was added as a cosponsor Congressman ROHRABACHER, for intro- I fail to see how the President’s first of S. 230, a bill to amend section 1951 of ducing a companion measure in the waiver for Vietnam on March 9, 1998 title 18, United States Code (commonly House. I also note that our efforts are has substantially promoted progress known as the Hobbs Act), and for other strongly supported by the Chairman of these past three months. If more people purposes. the House International Relations had been permitted to leave Vietnam S. 831 Committee, Congressman GILMAN, the in the last three months than we had At the request of Mr. SHELBY, the Chairman of that Committee’s panel on seen over the last three years, then International Operations and Human name of the Senator from Maine (Ms. maybe the waiver would have, indeed, SNOWE) was added as a cosponsor of S. Rights, Congressman CHRISTOPHER substantially promoted progress, but 831, a bill to amend chapter 8 of title 5, SMITH, and several other Members on that has not happened, Mr. President, United States Code, to provide for con- both sides of the aisle in that chamber. from what I have been told. Frankly, Mr. President, given the sup- gressional review of any rule promul- port for this resolution by the relevant Today, as we introduce this joint res- gated by the Internal Revenue Service Committee chairmen, one has to ques- olution, there are still people in Viet- that increases Federal revenue, and for tion why the Administration moved nam who supported us and fought for other purposes. forward on this in March of this year us during the war who have not been S. 852 and again yesterday. This is particu- allowed to freely emigrate. Some of At the request of Mr. LOTT, the larly troublesome given the fact that them have not even been allowed to names of the Senator from Oklahoma the President’s own National Security meet with U.S. officials for interviews. (Mr. NICKLES) and the Senator from Advisor stated this past December that I understand that others have been Nebraska (Mr. HAGEL) were added as the President would not move forward forced to pay exorbitant bribes in order cosponsors of S. 852, a bill to establish unless consultations with Congress to be considered for exit visas. nationally uniform requirements re- garding the titling and registration of went well. Clearly, the consultations Under the Trade Act of 1974, Congress salvage, nonrepairable, and rebuilt ve- did not go well. has an opportunity to ensure that free- When Congress considered and passed hicles. dom of emigration requirements are the amendment by Senator Jackson S. 1251 met by Vietnam before further trade and Representative Vanik in the Trade At the request of Mr. D’AMATO, the benefits are extended. The joint resolu- Act of 1974, everyone at the time un- names of the Senator from Maryland tion introduced today by myself and derstood Congressional intent—free (Ms. MIKULSKI) and the Senator from Senator HELMS provides my colleagues emigration was to be a condition for Illinois (Mr. DURBIN) were added as co- the opportunity to go on record in sup- expanding U.S. trade relations with sponsors of S. 1251, a bill to amend the non-market communist nations. port of the people of Vietnam. If you Internal Revenue Code of 1986 to in- Today, nearly two and a half decades want to send a message to the Govern- crease the amount of private activity later, we do not have free emigration ment of Vietnam that they must fully bonds which may be issued in each provided to the people of Vietnam by comply with the promises and commit- State, and to index such amount for in- the communist regime that took over ments they have made in recent years, flation. this is the way to do it. that entire country by force in 1975. S. 1252 Moreover, the Administration has Additionally, for those of my col- At the request of Mr. D’AMATO, the failed to make a convincing case to the leagues who continue to be concerned, name of the Senator from Alaska (Mr. Congress to justify President Clinton’s as I am, that Hanoi has not been fully MURKOWSKI) was added as a cosponsor decision to waive freedom of emigra- forthcoming in their accounting for of S. 1252, a bill to amend the Internal tion requirements. Hanoi’s record does American POWs and MIAs, and their Revenue Code of 1986 to increase the not support this decision. Yes, Hanoi progress on human rights, then you amount of low-income housing credits has taken some steps to permit more should support this resolution. Some of which may be allocated in each State, orderly departures in recent years, but my colleagues may recall that both the and to index such amount for inflation. there are still unwarranted delays, and POW/MIA issue and human rights con- S. 1334 I am very concerned that recent prom- cerns were, indeed, central to the pro- At the request of Mr. BOND, the name ises and pledges of cooperation have visions first adopted in the Trade Act of the Senator from Ohio (Mr. DEWINE) yet to be satisfactorily fulfilled. of 1974, and so it is appropriate that was added as a cosponsor of S. 1334, a Congressional intent was clear in these concerns are made part of the bill to amend title 10, United States 1974, and it has not changed since that current debate as well. Code, to establish a demonstration time. U.S. policy is supposed to put project to evaluate the feasibility of freedom of emigration ahead of the How far must we go, Mr. President, using the Federal Employees Health trade interests some might have with to embrace this communist regime be- Benefits program to ensure the avail- this one-party communist state. We fore they fully address our long-stand- ability of adequate health care for are supposed to be putting principle ing concerns on all these important Medicare-eligible beneficiaries under over profit, not the other way around. issues? I am certain that the time has I believe America should not abandon come once again for Congress to go on the military health care system. the Vietnamese people who long for re- record in support of the objectives be- S. 1345 spect for human rights and democratic hind this resolution. At the request of Mr. ROCKEFELLER, freedoms. They were abandoned over the names of the Senator from Maine Finally, Mr. President, I would note two decades ago, and we simply cannot (Ms. SNOWE) and the Senator from Cali- that the resolution we are introducing let it happen again. Jackson-Vanik re- fornia (Mrs. FEINSTEIN) were added as today is strongly supported by numer- quirements should not be waived for cosponsors of S. 1345, a bill to amend ous organizations of Vietnamese-Amer- Vietnam if it is not absolutely clear titles XVIII and XIX of the Social Se- that such a waiver would ‘‘substan- icans, many of our national veterans curity Act to expand and clarify the re- tially promote’’ freedom of emigration and POW/MIA family organizations, quirements regarding advance direc- requirements as the law requires. This several international refugee organiza- tives in order to ensure that an individ- past March, State Department wit- tions, and a host of other concerned ual’s health care decisions are com- nesses testified there had been ‘‘meas- groups of Americans. plied with, and for other purposes. urable’’ progress. The term measurable I look forward to the forthcoming de- S. 1391 does not imply to me that we are see- bate on this timely and important At the request of Mr. DODD, the name ing dramatic positive changes by Viet- issue.∑ of the Senator from Michigan (Mr. S5638 CONGRESSIONAL RECORD — SENATE June 4, 1998

LEVIN) was added as a cosponsor of S. Island (Mr. CHAFEE) and the Senator of S. 2073, a bill to authorize appropria- 1391, a bill to authorize the President from Illinois (Ms. MOSELEY-BRAUN) tions for the National Center for Miss- to permit the sale and export of food, were added as cosponsors of S. 1897, a ing and Exploited Children. medicines, and medical equipment to bill to require accurate billing by tele- S. 2100 Cuba. communications carriers with respect At the request of Mr. SPECTER, the S. 1413 to the costs and fees resulting from the name of the Senator from New York At the request of Mr. LUGAR, the enactment of the Telecommunications (Mr. MOYNIHAN) was added as a cospon- names of the Senator from Connecticut Act of 1996, and for other purposes. sor of S. 2100, a bill to amend the High- (Mr. DODD) and the Senator from Mon- S. 1917 er Education Act of 1965 to increase tana (Mr. BAUCUS) were added as co- At the request of Mr. DURBIN, the public awareness concerning crime on sponsors of S. 1413, a bill to provide a name of the Senator from California college and university campuses. framework for consideration by the (Mrs. FEINSTEIN) was added as a co- S. 2107 legislative and executive branches of sponsor of S. 1917, a bill to prevent At the request of Mr. ABRAHAM, the unilateral economic sanctions. children from injuring themselves and names of the Senator from Mississippi S. 1423 others with firearms. (Mr. COCHRAN) and the Senator from At the request of Mr. HAGEL, the S. 1924 Mississippi (Mr. LOTT) were added as names of the Senator from Montana At the request of Mr. MACK, the cosponsors of S. 2107, a bill to enhance (Mr. BURNS) and the Senator from names of the Senator from Georgia electronic commerce by promoting the North Dakota (Mr. CONRAD) were added (Mr. CLELAND) and the Senator from reliability and integrity of commercial as cosponsors of S. 1423, a bill to mod- Utah (Mr. BENNETT) were added as co- transactions through establishing au- ernize and improve the Federal Home sponsors of S. 1924, a bill to restore the thentication standards for electronic Loan Bank System. standards used for determining wheth- communications, and for other pur- S. 1427 er technical workers are not employees poses. At the request of Mr. FORD, the name as in effect before the Tax Reform Act SENATE CONCURRENT RESOLUTION 94 of the Senator from South Dakota (Mr. of 1986. At the request of Mr. LIEBERMAN, the JOHNSON) was added as a cosponsor of S. 1959 names of the Senator from New York S. 1427, a bill to amend the Commu- At the request of Mr. COVERDELL, the (Mr. MOYNIHAN) and the Senator from nications Act of 1934 to require the name of the Senator from North Caro- Illinois (Ms. MOSELEY-BRAUN) were Federal Communications Commission lina (Mr. HELMS) was added as a co- added as cosponsors of Senate Concur- to preserve lowpower television sta- sponsor of S. 1959, a bill to prohibit the rent Resolution 94, a concurrent reso- tions that provide community broad- expenditure of Federal funds to provide lution supporting the religious toler- casting, and for other purposes. or support programs to provide individ- ance toward Muslims. S. 1464 uals with hypodermic needles or sy- SENATE CONCURRENT RESOLUTION 95 At the request of Mr. HATCH, the ringes for the use of illegal drugs. At the request of Mr. DODD, the name of the Senator from Arkansas S. 1991 names of the Senator from South Da- (Mr. BUMPERS) was added as a cospon- At the request of Mr. JOHNSON, the kota (Mr. DASCHLE) and the Senator sor of S. 1464, a bill to amend the Inter- names of the Senator from California from South Carolina (Mr. HOLLINGS) nal Revenue Code of 1986 to perma- (Mrs. BOXER) and the Senator from were added as cosponsors of Senate nently extend the research credit, and Montana (Mr. BAUCUS) were added as Concurrent Resolution 95, a concurrent for other purposes. cosponsors of S. 1991, a bill to require resolution expressing the sense of Con- S. 1529 the Secretary of Transportation to gress with respect to promoting cov- At the request of Mr. KENNEDY, the issue regulations to provide for im- erage of individuals under long-term name of the Senator from Massachu- provements in the conspicuity of rail care insurance. setts (Mr. KERRY) was added as a co- cars of rail carriers. SENATE RESOLUTION 193 sponsor of S. 1529, A bill to enhance S. 2014 At the request of Mr. REID, the Federal enforcement of hate crimes, At the request of Mr. BIDEN, the names of the Senator from North Caro- and for other purposes. name of the Senator from New York lina (Mr. FAIRCLOTH), the Senator from S. 1808 (Mr. MOYNIHAN) was added as a cospon- Virginia (Mr. ROBB), the Senator from At the request of Mr. REED, the name sor of S. 2014, a bill to authorize the Hawaii (Mr. AKAKA), and the Senator of the Senator from Illinois (Mr. DUR- Attorney General to reschedule certain from Oklahoma (Mr. INHOFE) were BIN) was added as a cosponsor of S. 1808, drugs that pose an imminent danger to added as cosponsors of Senate Resolu- a bill to amend title XXVII of the Pub- public safety, and to provide for the re- tion 193, a resolution designating De- lic Health Service Act and part 7 of scheduling of the date-rape drug and cember 13, 1998, as ‘‘National Children’s subtitle B of title I of the Employee the classification of certain ‘‘club’’ Memorial Day.’’ Retirement Income Security Act of drug. SENATE RESOLUTION 240 1974 to establish standards for the S. 2030 At the request of Mr. THOMAS, the health quality improvement of chil- At the request of Mr. BUMPERS, the name of the Senator from New Hamp- dren in managed care plans and other name of the Senator from New Mexico shire (Mr. SMITH) was added as a co- health plans. (Mr. BINGAMAN) was added as a cospon- sponsor of Senate Resolution 240, a res- S. 1879 sor of S. 2030, a bill to amend the Fed- olution expressing the sense of the Sen- At the request of Mr. BURNS, the eral Rules of Civil Procedure, relating ate with respect to democracy and names of the Senator from Mississippi to counsel for witnesses in grand jury human rights in the Lao People’s (Mr. COCHRAN), the Senator from Cali- proceedings, and for other purposes. Democratic Republic. fornia (Mrs. BOXER), the Senator from S. 2049 AMENDMENT NO. 2446 Alabama (Mr. SHELBY), the Senator At the request of Mr. KERREY, the At the request of Mr. FEINGOLD his from Alabama (Mr. SESSIONS), and the name of the Senator from Georgia (Mr. name was added as a cosponsor of Senator from Georgia (Mr. CLELAND) CLELAND) was added as a cosponsor of Amendment No. 2446 proposed to S. were added as cosponsors of S. 1879, a S. 2049, a bill to provide for payments 1415, a bill to reform and restructure bill to provide for the permanent ex- to children’s hospitals that operate the processes by which tobacco prod- tension of income averaging for farm- graduate medical education programs. ucts are manufactured, marketed, and ers. S. 2073 distributed, to prevent the use of to- S. 1897 At the request of Mr. HATCH, the bacco products by minors, to redress At the request of Mr. ROCKEFELLER, name of the Senator from Colorado the adverse health effects of tobacco the names of the Senator from Rhode (Mr. ALLARD) was added as a cosponsor use, and for other purposes. June 4, 1998 CONGRESSIONAL RECORD — SENATE S5639 SENATE CONCURRENT RESOLU- think it is important that we consider gathered in Tiananmen Square to show their TION 101—EXPRESSING THE our own role in bringing those stu- admiration of democracy. It was with horror SENSE OF CONGRESS THAT THE dents, mothers, fathers and children that the world witnessed the response of Chi- na’s government as tanks and military units PRESIDENT OF THE UNITED into the streets to demand their free- marched into the square. Hundreds of stu- STATES SHOULD RECONSIDER dom. We must never forget, in my dents died that day. Hundreds more continue HIS DECISION TO BE FORMALLY view, that it was to the United States, to languish in prisons for their belief in de- RECEIVED IN TIANANMEN the birthplace of freedom, that these mocracy. That day remains vivid in the SQUARE BY THE PEOPLE’S RE- brave people looked in seeking a new minds of Americans across the political spec- PUBLIC OF CHINA path for China. trum. ‘‘The Goddess of Democracy’’—our Therefore, we were deeply disturbed when Mr. ABRAHAM (for himself, Mr. own Lady Liberty—and our Declara- we received the news that you will be offi- DEWINE, and Mr. ASHCROFT) submitted cially recognized in Tiananmen Square dur- tion of Independence were, despite the following concurrent resolution; ing your upcoming visit to China. Although long-standing government bans, con- which was referred to the Committee the signatories of this letter are often in dis- stantly on the minds and in the hearts on Foreign Relations: agreement over U.S. public policy, we are of those who demanded freedom and de- united in our passion for the founding words S. CON. RES. 101 mocracy. of this country: ‘‘All men are created equal Whereas nine years ago on June 4, 1989, The shot fired at Lexington and Con- [and] . . . are endowed by their Creator with thousands of Chinese students peacefully cord continues to be heard round the certain inalienable rights . . . [and] among gathered in Tiananmen Square to dem- world. The natural human desire for these are life, liberty, and the pursuit of hap- onstrate their support for freedom and de- piness. . . .’’ These words, we believe, apply mocracy; freedom, for the liberty to worship, to not just to Americans but to all men and Whereas it was with horror that the world enjoy the fruits of one’s labor, to tend women. No lasting gain can be achieved by witnessed the response of the Government of one’s family and community, will not tarnishing the very principles that we, as the People’s Republic of China as tanks and die, despite the tanks and armored per- Americans, hold dear. military units marched into Tiananmen sonnel carriers of a despotic regime. By being formally received in Tiananmen Square; We have a responsibility in my view, Square, Mr. President, you are bestowing le- Whereas Chinese soldiers of the People’s Mr. President, to stand up for the prin- gitimacy to the ground where innocent blood was needlessly shed. Nine years after the Republic of China were ordered to fire ma- ciples on which our nation was found- chine guns and tanks on young, unarmed ci- massacre on June 4, 1989, Beijing has yet to vilians; ed, the principles that brought vir- acknowledge that dreadful moment or the Whereas ‘‘children were killed holding tually all of our ancestors to these lives that were cruelly and arbitrarily taken. hands with their mothers,’’ according to a shores, the principles that won the cold We ask that you reconsider your decision to reliable eyewitness account: war and that continue to fire the go to Tiananmen Square until China’s re- Whereas according to the same eyewitness hearts of all peoples the world over. gime expresses regret and releases those still account, ‘‘students were crushed by armored Now is the time for President Clinton imprisoned for their brave stand. personnel carriers’’; to stand up for these principles. More Sincerely, Whereas more than 2,000 Chinese pro-de- Gary L. Bauer, President, Family Re- than 2,000 freedom loving people, in- search Council; Xiao Qiang, Executive mocracy demonstrators died that day, ac- cluding children holding their mother’s cording to the Chinese Red cross; Director, Human Rights in China; Whereas hundreds continue to languish in hands, were killed by the communist Kerry Kennedy Cuomo, Founder, Rob- prisons because of their belief in freedom and Chinese government in Tiananmen ert F. Kennedy Memorial Center for democracy; Square. Hundreds of innocent men and Human Rights; Dr. James Dobson, Whereas nine years after the massacre on women continue to be held under inhu- President, Focus on the Family; Harry June 4, 1989, the Government of the People’s man conditions simply for standing up Wu, Executive Director, The Laogai Republic of China has yet to acknowledge for freedom, democracy, and the truth Research Foundation; Dr. William Ben- nett, Co-Director, Empower America; the Tiananmen Square massacre; and of individual human dignity. And the Whereas, being formally received in Joseph Kung, President, Cardinal Kung Tiananmen Square, the President would be- Communist regime in Beijing contin- Foundation; Carmen Pate, President, stow legitimacy on the Chinese govern- ues to claim that it was right to act so Concerned Women for America; Deacon ment’s horrendous actions of 9 years ago: brutally in putting down what it calls Keith A. Fournier, President, Catholic Now, therefore, be it a ‘‘counter revolutionary riot.’’ Alliance; Rev. Louis P. Sheldon, Chair- Resolved by the Senate (the House of Rep- Now is not the time, Mr. President, man, Traditional Values Coalition; resentatives concurring), That it is the sense to greet Chinese officials in Tiananmen Phyllis Schlafly, President, Eagle of the Congress that the President should re- Square. Now is the time to speak out Forum; Jeff Fiedler, President, Food consider his decision to be formally received for the oppressed, those who have died and Allied Service Trade Department, AFL–CIO; Steve Snyder, President, in Tiananmen Square until the Government and those who are imprisoned for their of the People’s Republic of China acknowl- International Christian Concern; Nina edges the Tiananmen Square massacre, beliefs. Shea, President, Center for Religious pledges that such atrocities will never hap- I have submitted this resolution be- Freedom, Freedom House; Steven pen again, and releases those Chinese stu- cause I believe it would be inappropri- McFarland, Director, Center for Law dents still imprisoned for supporting free- ate, and a show of disrespect for those and Religious Freedom, Christian dom and democracy that day. who have died for freedom, for our Legal Society; Don Wildmon, Presi- Mr. ABRAHAM. Mr. President, today President to be formally received in dent, American Family Association; Robert George, Professor, Princeton I submit a resolution expressing the Tiananmen Square by the Chinese Communist Government. University; Michael Howden, Executive sense of the Congress that the Presi- Director, Oregon Center for Family dent of the United States should recon- It is my hope that the President will Policy; Michael Heath, Executive Di- sider his decision to be formally re- heed this call to stand with the people rector, Christian Civic League of ceived in Tiananmen Square by the of China, to uphold the principles of Maine; William T. Devlin, Executive Government of the People’s Republic of our nation, and to say not to tyranny. Director, Urban Family Council; Kent China. Mr. President, I ask unanimous con- Ostrander, Executive Director, The I submit this resolution, Mr. Presi- sent that a letter signed by several Family Foundation; Matt Daniels, human rights, religious, and pro-family President, Massachusetts Family Insti- dent, because I am convinced that the tute; John H. Paulton, Executive Di- President of the United States, the leaders urging the President to recon- sider his decision to go to Tiananmen rector, South Dakota Family Policy leader of the world’s first free nation Council; Gary Schmitt, Executive Di- and indeed of the free world, should not Square be printed in the RECORD. rector, Project for the New American There being no objection, the letter give the slightest reason for anyone to Century; Jeff Kemp, President, Wash- was ordered to be printed in the believe that he or the United States ington Family Council; Randy Hicks, RECORD, as follows: has forgotten the crimes against lib- Executive Director, Georgia Family erty and humanity committed by the FAMILY RESEARCH COUNCIL, Council; Gary J. Palmer, Executive Di- rector, Alabama Family Alliance; Len communist regime in Beijing. Washington, May 20, 1998. President WILLIAM J. CLINTON, Deo, President, New Jersey Family As we mark the ninth anniversary of Washington, DC. Policy Council; William A. Smith, Ex- the massacre of pro-democracy dem- DEAR MR. PRESIDENT: Nine years ago, ecutive Director, Indiana Family Insti- onstrators in Tiananmen square, I thousands of Chinese students peacefully tute; Paul Scianna, Executive Director, S5640 CONGRESSIONAL RECORD — SENATE June 4, 1998 Family Policy Center, Missouri; Thom- SENATE RESOLUTION 242—EX- which oversees China’s missile development as McMillen, President, Rocky Moun- PRESSING THE SENSE OF THE and space programs; tain Family Council; Michael Geer, Ex- SENATE OF THE PRESIDENT’S Whereas China made written commitments ecutive Director, Pennsylvania Family UPCOMIING VISIT TO AND NA- to the United States during the October 1997 Institute; Don Hodel, President, Chris- summit to terminate nuclear cooperation tian Coalition; Deal Hudson, Publisher TIONAL POLICY TOWARD CHINA with Iran and was later reported to be violat- and Editor, Crisis Magazine; Chuck Mr. ASHCROFT (for himself and Mr. ing that pledge by attempting to provide Colson, President, Prison Fellowship; HUTCHINSON) submitted the following Iran with hundreds of tons of anhydrous hy- Randy Tate, Executive Director, Chris- resolution; which was referred to the drogen fluoride, a material for use in Iran’s tian Coalition. Committee on Foreign Relations: nuclear weapons complex to enrich uranium to weapons grade; f S. RES. 242 Whereas the President, in allowing nuclear SENATE CONCURRENT RESOLU- Whereas the President has pledged that the cooperation to proceed with China, certified TION 102—REGARDING DISABLED United States ‘‘must remain a champion’’ of that ‘‘the People’s Republic of China has pro- AMERICAN VETERANS the liberties of the Chinese people; vided clear and unequivocal assurances to Whereas two of the most notable Chinese the United States that it is not assisting and Mr. ROCKEFELLER (for himself, Mr. dissidents, Wang Dan and Wei Jingsheng, ef- will not assist any nonnuclear-weapon state, SPECTER, Mr. LOTT, and Mr. DASCHEL) fectively have been exiled from their coun- either directly or indirectly, in acquiring nu- submitted the following concurrent try; clear explosive devices or the material and resolution; which was considered and Whereas thousands of other individuals re- components for such devices’’; agreed to: main imprisoned in China and Tibet for Whereas the credibility of this certifi- peacefully expressing their beliefs and exer- cation is undermined by China’s continuing S. CON. RES. 102 cising their inalienable rights, including proliferation activity, including efforts to Resolved by the Senate (the House of Rep- freedom of association, freedom of speech, assist Iran’s nuclear weapons program; resentatives concurring), and freedom of conscience; Whereas since the United States normal- SECTION 1. USE OF CAPITOL GROUNDS FOR DIS- Whereas the Government of the People’s ized trade relations with China in 1979, China ABLED AMERICAN VETERANS Republic of China routinely, systematically, has risen from the 57th to 4th largest sup- EVENT. and massively continues to commit wide- plier of United States imports; Disabled American Veterans shall be per- spread human rights abuses in Tibet, includ- Whereas China’s trade and investment mitted to sponsor a public event on the West ing instances of death in detention, torture, practices have resulted in a 1997 trade deficit Front Lawn of the Capitol on June 16 and 17, arbitrary arrest, imprisonment for the of $49,700,000,000, an imbalance more than 2.5 1998, or on such other dates as the Speaker of peaceful expression of religious and political times larger than the United States trade the House of Representatives and the Com- views, and intensified controls on the free- deficit with all European countries, and ac- mittee on Rules and Administration of the dom of speech and the press, particularly for counting for one-fourth of the United States Senate may jointly designate, in order an- ethnic Tibetans; trade deficit with the entire world; nounce the donation of 147 vans to the De- Whereas China has taken extraordinary Whereas in the Executive branch’s 1997 Na- partment of Veterans Affairs by Disabled steps to avoid the condemnation of the tional Trade Estimate on Foreign Trade Bar- American Veterans. United Nations Commission on Human riers, China’s trade regime was identified as SEC. 2. TERMS AND CONDITIONS. Rights; ‘‘political’’, ‘‘severely restricted’’, ‘‘prohibi- (a) IN GENERAL.—The event authorized by Whereas the President has failed to press tive’’, ‘‘unpredictable’’, ‘‘preferential’’, ‘‘de section 1 shall be free of admission charge to China aggressively to protect the civil lib- facto’’, ‘‘unpublished’’, ‘‘vague’’, ‘‘inacces- the public and arranged not to interfere with erties of the Chinese people and failed even sible’’, ‘‘inconsistent’’, and ‘‘noncompeti- the needs of Congress, under conditions to be to sponsor a resolution at the meeting of the tive’’; prescribed by the Architect of the Capitol United Nations Commission on Human Whereas facing Congress’s near withdrawal and the Capitol Police Board. Rights condemning China’s human rights of most-favored nation (MFN) status in 1991 (b) EXPENSES AND LIABILITIES.—Disabled violations, which include forced abortion, and President Bush’s threat of sanctions, American Veterans shall assume full respon- summary execution, arbitrary imprison- China, in order to keep MFN status and have sibility for all expenses and liabilities inci- ment, and persecution of religious minori- the United States support its accession to dent to all activities associated with the ties; the World Trade Organization (WTO), agreed event. Whereas since November 1994, the Presi- that it would allow the United States auto- SEC. 3. EVENT PREPARATIONS. dent has declared annually a national emer- mobile sector to compete freely in the Chi- (a) STRUCTURES AND EQUIPMENT.—Subject gency regarding the proliferation of weapons nese market and that, by December 31, 1997, to the approval of the Architect of the Cap- of mass destruction and stated that such pro- it would eliminate significant trade barriers itol, Disabled American Veterans may erect liferation poses ‘‘an unusual and extraor- to United States agricultural exports; upon the Capitol Grounds such stage, sound dinary threat to the national security, for- Whereas China’s trade liberalization com- amplification devices, and other related eign policy, and economy of the United mitments in 1991 have not been honored, yet structures and equipment as may be required States’’; the Executive branch is moving forward in for the event authorized by section 1. Whereas, in a June 1997 report on prolifera- negotiations for China to accede to the WTO; (b) ADDITIONAL ARRANGEMENTS.—The Ar- tion activity, the Central Intelligence Agen- Whereas concessions made by China in ne- chitect of the Capitol and the Capitol Police cy identified China as ‘‘the most significant gotiations to accede to the WTO have been Board are authorized to make any such addi- supplier of weapons of mass destruction-re- piecemeal, inconsistent, and deficient, and tional arrangements as may be required to lated goods and technology’’, including mis- thus limit the economic opportunity of carry out the event, including arrangements sile, nuclear, and chemical weapons tech- United States businesses and workers; to limit access to First Street Northwest and nology to rogue states such as Iran; Whereas Taiwan serves as an example of First Street Southwest as required for the Whereas United States satellite coopera- democratic governance to China and the au- event. tion with China has benefited China’s inter- thoritarian Chinese communist party; SEC. 4. ENFORCEMENT OF RESTRICTIONS. continental ballistic missile program—mis- Whereas the People’s Republic of China The Capitol Police Board shall provide for siles with nuclear warheads pointed at the carried out missile exercises in 1995 and 1996 enforcement of the restrictions contained in United States, and the Department of Jus- intended to intimidate the people of Taiwan, section 4 of the Act of July 31, 1946 (40 U.S.C. tice is investigating possible missile tech- continues a military buildup directed at the 193d; 60 Stat. 718), concerning sales, displays, nology transfers to China resulting from island, refuses to renounce the use of force and solicitations on the Capitol Grounds, as United States-Chinese satellite cooperation; against Taiwan, and consistently seeks to well as other restrictions applicable to the Whereas the President’s decision to waive isolate Taipei from membership in inter- Capitol Grounds, with respect to the event restrictions on the export to China of missile national organizations and general relations authorized by section 1. technology similar to that under investiga- with other countries; SEC. 5. PHOTOGRAPHS. tion by the Department of Justice, and the Whereas the Chinese communist party has The event authorized by section 1 may be President’s efforts to lift the requirements undermined the institutions of democratic conducted only after the Architect of the for launch waivers altogether, undermine the government in Hong Kong by abolishing Capitol and the Capitol Police Board enter present Justice Department investigation Hong Kong’s elected legislature, designing a into an agreement with Disabled American and threatens United States national secu- framework for legislative elections that se- Veterans and the manufacturer of the vans rity; verely limits representative democracy, and referred to in section 1 that prohibits Dis- Whereas the Department of Justice is in- passing retroactive legislation exempting abled American Veterans and such manufac- vestigating possible campaign contributions Chinese entities from a host of Hong Kong’s turer from using any photograph taken at from the People’s Liberation Army to the laws; and the event for a commercial purpose. The Democratic National Committee through Whereas the Democratic Party of Hong agreement shall provide for financial pen- contributions from an executive at China Kong won every seat elected by direct ballot alties to be imposed if any photograph is Aerospace International Holdings, an affili- in Hong Kong, garnering over 60 percent of used in violation of this section. ate of China Aerospace Corporation, the firm the popular vote, yet President Clinton has June 4, 1998 CONGRESSIONAL RECORD — SENATE S5641 declined to meet individually with the lead- sary of the Tiananmen Square mas- ton will not meet individually with ership of the Democratic Party of Hong sacre, to submit this resolution calling Martin Lee, the leader of pro-democ- Kong: Now, therefore, be it for the President to delay his trip to racy forces in the former colony whose Resolved, That, in the interest of improving United States-China relations, it is the sense China. With allegations swirling about Democratic Party won over 60% of the of the Senate that— China’s efforts to influence U.S. elec- popular vote in the May 24 elections. (1) a healthy and stable relationship with tions, and with the hard evidence we do China is identified by the CIA as the China is in the national interests of the have of China’s continuing prolifera- world’s worst proliferator of weapons United States; tion of weapons of mass destruction of mass destruction technology, pro- (2) the Chinese people should be allowed to technologies, rewarding China with a liferation activity that has contributed freely exercise their unalienable rights, in- summit visit is sending the wrong sig- directly to the spiraling arms race be- cluding the rights to freedom of speech, of nal at the wrong time. tween India and Pakistan. Yet the Ad- religion, and of association; ministration rewards China with a nu- (3) efforts by the Chinese government to There is perhaps nothing more in- restrict those liberties pose a threat to a sta- dicting than a vote in the United clear cooperation agreement that will ble China and a positive long-term relation- States Congress that the actions of a send America’s best reactor technology ship with the United States; Commander-in-Chief were not in the to China. China repeatedly breaks com- (4) the President should submit a report to national interest. And yet, that is pre- mitments to open its market to U.S. Congress as soon as possible after the pro- cisely what the House of Representa- businesses, yet the President renews posed summit in China concerning his tives did on May 20, 1998. By a vote of MFN year after year. progress in securing the release of persons This Administration apparently will remaining imprisoned in China and Tibet 417 to 4, the House voted that the President’s decision in February 1998 to overlook any offense to our nation’s and other significant steps to improve principles and security to continue the human rights; allow the export of satellite technology bankrupt policy of engaging com- (5) China’s proliferation of weapons of mass to China was ‘‘not in the national in- munist China. China points nuclear destruction technology poses an unusual terest.’’ The Justice Department re- missiles at the U.S., and PLA officers threat to the national security of the United portedly protested the waiver, express- describe the United States as China’s States; ing concern that it would undermine (6) the President has failed to confront Chi- ‘‘international archenemy.’’ Yet the an ongoing criminal investigation of a na’s proliferation of weapons of mass de- Administration allows advanced sat- struction technology, proliferation that is possible satellite technology transfer ellite and missile technology to be sent directly responsible for contributing to an that occurred in 1996. to China which a Pentagon memo says What is just as troubling is the pos- escalating nuclear arms race between India harmed U.S. national security. and Pakistan; sible link between the export of U.S. China’s actions, and this Administra- (7) the trustworthiness of the Chinese gov- satellite technology and political dona- ernment is undermined when nonprolifera- tion’s response to those actions, has tions from China’s People’s Liberation set the U.S.-China relationship on a tion and trade commitments of Chinese offi- Army (PLA). Liu Chao-ying, an officer cials are repeatedly broken; gravely dangerous course. It is time for (8) the President, in addition to applauding in the PLA, gave Johnny Chung—one a fundamental reevaluation of U.S. narrow trade concessions from China, should of the central figures in the Adminis- China policy. This resolution will pro- ensure that the highest levels of diplomacy tration’s fundraising scandal—$300,000 vide a good start. This resolution out- are used to open the entire Chinese market to funnel into democratic coffers in the lines the areas of concern in our policy to United States trade and investment; 1995–96 election cycle. Ms. Liu just hap- (9) China’s accession to the World Trade toward China, from human rights to pens to be a senior manager and vice national security to trade matters. In Organization (WTO) should be conditioned on president in the China Aerospace con- China’s compliance with past market access contrast to how U.S.-China relations commitments and further steps to open Chi- glomerate, Beijing’s state-owned com- have been administered for the last six na’s market to United States investment and pany that oversees China’s missile de- years, a sound relationship between trade in goods and services; velopment and space launch programs. our two countries must be based on in- (10) the United States should not jeopard- The White House says it did not tegrity, responsibility, and mutual re- ize cooperation with and assistance to the know the source of Mr. Chung’s fund- spect. democratic government of Taiwan to ap- ing. I question how diligently Adminis- China’s behavior across the board has pease the Chinese government but instead tration officials and democratic fund- not given any basis for this Adminis- should maintain unambiguously its legal raisers wanted to know. Warnings from commitments to help maintain Taiwan’s ca- tration to pursue a ‘‘strategic partner- pacity for self-defense while calling upon the the National Security Council as to the ship’’ with Beijing. Appeasement will Chinese government to renounce the use of intentions of Mr. Chung, described by not bring peace. This Administration force against the people of Taiwan; one official as a ‘‘hustler,’’ went obviously did not learn the lessons of (11) the preservation of democratic govern- unheeded. Senator THOMPSON’s fund- the Cold War. China is an aggressive ment and rule of law in Hong Kong is an ob- raising investigation describe in care- power that seeks regional hegemony. ligation of the Chinese government and fail- ful detail how the Democratic National Extending MFN trade status in ex- ure to honor that obligation will have a neg- Committee dismantled its vetting ative effect on United States policy toward change for a $50 billion trade deficit, China; process for contributions. Mr. Chung sending China our best nuclear reactor (12) China is resisting the spread of democ- himself visited the White House 49 technology in exchange for Chinese racy in Asia, which is occurring from South times. This was not a superficial rela- weapons proliferation, and beginning Korea to Indonesia, and the failure of Presi- tionship. This man was a regular guest the summit at Tiananmen Square when dent Clinton to meet with the leaders of the of the Administration. China continues to imprison its people Democratic Party of Hong Kong undermines The recent scandals surrounding sat- is not the kind of policy that will bring his statement to President Jiang that Chi- ellite technology transfers and Chinese mutual respect and peace in East Asia. na’s repressive government is ‘‘on the wrong efforts to influence U.S. elections are I call on the President to delay his side of history’’; and (13) the President should not go to China to only the latest, troubling signs that trip to China until questions surround- attend a summit with President Jiang this Administration’s China policy is ing satellite technology transfer have until— an abysmal failure. As Harry Wu said been answered and U.S. China policy (A) the President has provided a full disclo- at this morning’s press conference to has been formulated more effectively sure to Congress concerning the transfer of commemorate the Tiananmen Square to protect American interests. Senator United States satellite and missile tech- massacre, appeasement does not bring HUTCHINSON is joining me as a cospon- nology to China; and peace. sor of this resolution, and I appreciate (B) United States policy toward China in Appeasement is precisely what this his tremendous work in this area. This general has been formulated more effectively Administration’s China policy has be- to protect United States national security, resolution is designed to send a signal economic, and human rights interests. come. China announces it will not con- to the Chinese government and the vic- SEC. 2. The Secretary of the Senate shall duct an inquiry into the Tiananmen tims of its repression that there are transmit a copy of this resolution to the Square massacre, yet President Clinton limits to the tolerance of China’s ap- President. begins his summit at this site, where palling human rights record, continu- ∑ Mr. ASHCROFT. Mr. President, it is possibly thousands of Chinese were ing trade obstructionism, and desta- fitting on this day, the ninth anniver- killed. In Hong Kong, President Clin- bilizing proliferation.∑ S5642 CONGRESSIONAL RECORD — SENATE June 4, 1998 SENATE RESOLUTION 243—CON- par, to finish second in the individual advance billings rendered or imposed for the GRATULATING THE UNVIERSITY competition. What makes Chris’ suc- working-capital funds of the Department of OF NEVADA-LAS VEGAS MEN’S cess even all the more noteworthy is Defense and the Defense Business Operations GOLF TEAM ON WINNING THE that Chris had been involved in tour- Fund in fiscal year 1999— (A) for the Department of the Navy, may TEAM’S FIRST NATIONAL COLLE- nament play previous years where he not exceed $500,000,000; and GIATE ATHLETIC ASSOCIATION had the misfortune of finishing at the (B) for the Department of the Air Force, CHAMPIONSHIP other end and he, through determina- may not exceed $500,000,000. Mr. BRYAN (for himself and Mr. tion and hard work, achieved this re- (2) In paragraph (1), the term ‘‘advance billing’’ has the meaning given such term in REID) submitted the following resolu- markable athletic achievement. Congratulations should also go to the section 2208(l) of title 10, United States Code. tion; which was considered and agreed (e) PERMANENT LIMITATION ON ADVANCE to: rest of his teammates, Bill Lunde, BILLINGS.—(1) Section 2208(l) of title 10, S. RES. 243 Charley Hoffman, Jeremy Anderson United States Code, is amended— and Scott Lander. Bill Lunde and Jer- Whereas the University of Nevada Las (A) by redesignating paragraph (3) as para- Vegas Rebels men’s golf team shot four emy Anderson made the All American graph (4); and rounds of golf at a total of 1118 strokes for a college golf team. This golf team has (B) by inserting after paragraph (2) the fol- total of 34 under par, to beat the second had the goof fortune of being under the lowing new paragraph (3): ‘‘(3) The total amount of the advance bil- place Clemson Tigers by three strokes; direction of an extraordinarily gifted lings rendered or imposed for all working- Whereas this score of 34 under par set a coach as well. Dwaine Knight has capital funds of the Department of Defense tournament record by 11 strokes; placed the university’s golf program on in a fiscal year may not exceed Whereas Chris Berry shot a total of 272 the national map. They have, in recent $1,000,000,000.’’. strokes for 16 under par to finish second in years, been top competitors, but not (2) Section 2208(l)(3) of such title, as added individual competition, to help ensure the until this year did they achieve the ul- by paragraph (1), applies to fiscal years after championship for the Rebels; fiscal year 1999. Whereas the University of Nevada Las timate, and that is the collegiate Vegas men’s collegiate golf team has dis- championship. Coach Knight is ably as- AMENDMENT NO. 2448 played outstanding dedication, teamwork, sisted by Assistant Coach Casey Beginning on page 400, strike out line 11 and sportsmanship throughout the course of Whalen. and all that follows through page 401, line 12, the season in achieving collegiate golf’s This year, under their coaching staff, and insert in lieu thereof the following: highest honor; and the Rebels have won seven tour- year 1999, $150,000,000 by the end of fiscal Whereas the Rebels have brought pride and naments. The only other sports team year 2000, $200,000,000 by the end of fiscal honor to the State of Nevada: Now, there- year 2001, and $250,000,000 by the end of fiscal fore, be it in UNLV’s history to attain national collegiate championship was in 1990, year 2002. Resolved, That the Senate— (b) LIMITATION ON DISPOSAL QUANTITY.— (1) commends the University of Nevada Las when the men’s basketball program The total quantities of materials authorized Vegas for winning the 1998 National Colle- was so honored in the Final Four, in for disposal by the President under sub- giate Athletic Association Division I men’s Denver, CO. section (a) may not exceed the amounts set collegiate national golf championship; UNLV completed its season No. 1 in forth in the following table: (2) commends Chris Berry, for his second the polls, and I have encouraged the place individual finish at the National Colle- Authorized Stockpile Disposals giate Athletic Association golf champion- President to invite this extraordinarily ship; able student athletic team to come to (3) recognizes the achievements of all the the White House and be appropriately Material for disposal Quantity players, coaches, and staff who were instru- recognized. The President himself is a mental in helping the University of Nevada golfer of note and distinction, and I am Chromium Metal—EL ...... 8,511 short tons Columbium Carbide Powder ...... 21,372 pounds contained Las Vegas win the 1998 National Collegiate sure these fine young men are going to Columbium Ferro High Carbon ...... 249,395 pounds contained Athletic Association Division I men’s colle- be able to offer a few tips the President Columbium Concentrates ...... 1,733,454 pounds contained giate national golf championship and invites might take advantage of to improve his Chromium Ferroalloy ...... 92,000 short tons them to the Capitol to be honored in an ap- Diamond, Stones ...... 3,000,000 carats propriate manner to be determined; own golf game. Germanium Metal ...... 28,198 kilograms (4) requests that the President recognize f Indium ...... 14,248 troy ounces the accomplishments and achievements of Palladium ...... 1,227,831 troy ounces AMENDMENTS SUBMITTED Platinum ...... 439,887 troy ounces the 1998 University of Nevada Las Vegas Tantalum Carbide Powder ...... 22,681 pounds contained Rebels golf team and invite the team to Tantalum Metal Powder ...... 50,000 pounds contained Washington, D.C. for the traditional White THE NATIONAL DEFENSE AUTHOR- Tantalum Minerals ...... 1,751,364 pounds contained House ceremony held for national champion- Tantalum Oxide ...... 122,730 pounds contained ship teams; and IZATION ACT FOR FISCAL YEAR Tungsten Ferro ...... 2,024,143 pounds (5) directs the Secretary of the Senate to 1999 Tungsten Carbide Powder ...... 2,024,143 pounds make available enrolled copies of this resolu- Tungsten Metal Powder ...... 1,898,009 pounds Tungsten Ores & Concentrates ...... 76,358,230 pounds. tion to the University of Nevada Las Vegas for appropriate display and to transmit an THURMOND AMENDMENTS NOS. (c) MINIMIZATION OF DISRUPTION AND enrolled copy to each member of the 1998 2447–2449 LOSS.—The President may not dispose of ma- University of Nevada Las Vegas National (Ordered to lie on the table.) terials under subsection (a) to the extent Collegiate Athletic Association Division I that the disposal will result in— men’s collegiate national championship golf Mr. THURMOND submitted three amendments intended to be proposed (1) undue disruption of the usual markets team. of producers, processors, and consumers of Mr. BRYAN. Mr. President, I am by him to the bill (S. 2057) to authorize appropriations for the fiscal year 1999 the materials proposed for disposal; or proud to take the floor today to com- (2) avoidable loss to the United States. mend and congratulate the University for military activities of the Depart- (d) RELATIONSHIP TO OTHER DISPOSAL AU- of Nevada-Las Vegas men’s golf team ment of Defense, for military construc- THORITY.—The disposal authority provided in on winning the team’s first National tion, and for defense activities of the subsection (a) is new disposal authority and is in addition to, and shall not affect, any Collegiate Athletic Association cham- Department of Energy, to prescribe personnel strengths for such fiscal year other disposal authority provided by law re- pionship. This remarkable team of stu- garding the materials specified in such sub- dent-athletes acquitted themselves for the Armed Forces, and for other purposes; as follows: section. with great distinction this past week (e) AUTHORIZATION OF SALE.—The authority as they achieved this singular honor AMENDMENT NO. 2447 provided by this section to dispose of mate- for themselves, for the community, and On page 64, strike out lines 7 through 23, rials contained in the National Defense for the State of Nevada. and insert in lieu thereof the following: Stockpile so as to result in receipts specified This accomplishment is further em- (3) The waiver authority under paragraph in subsection (a) by the end of fiscal year (1) does not apply to the limitation in sub- 1999 shall be effective only to the extent pro- bellished by the fact the team shot 4 section (d) or the limitation in section vided in advance in appropriation Acts. rounds of golf 34 under par, which set a 2208(l)(3) of title 10, United States Code (as tournament record by 11 strokes. added by subsection (e)). AMENDMENT NO. 2449 Chris Berry, one of the team mem- (d) FISCAL YEAR 1999 LIMITATION ON AD- Strike section 1013 of the bill and insert bers, shot a total of 272 for 16 under VANCE BILLINGS.—(1) The total amount of the the following: June 4, 1998 CONGRESSIONAL RECORD — SENATE S5643 SEC. 1013. TRANSFERS OF CERTAIN NAVAL VES- McCandless (FF 1084), Donald Beary (FF Assistance Act of 1961 (22 U.S.C. 2321j) shall SELS TO CERTAIN FOREIGN COUN- 1085), Ainsworth (FF 1090), Thomas C. Hart not be counted for the purposes of that sec- TRIES. (FF 1092), and Capodanno (FF 1093). tion in the aggregate value of excess defense (a) AUTHORITY.— (B) On a grant basis, the Knox class frig- articles transferred to countries under that (1) ARGENTINA.—The Secretary of the Navy ates Paul (FF 1080), Miller (FF 1091), W.S. section in any fiscal year. is authorized to transfer to the Government Simms (FF 1059). (f) COSTS OF TRANSFERS.—Any expense of of Argentina on a grant basis the tank land- (11) VENEZUELA.—The Secretary of the the United States in connection with a ing ship Newport (LST 1179). Navy is authorized to transfer to the Govern- transfer authorized by subsection (a) shall be RAZIL.—The Secretary of the Navy is (2) B ment of Venezuela on a sale basis the charged to the recipient (notwithstanding authorized to transfer vessels to the Govern- unnamed medium auxiliary floating dry section 516(e)(1) of the Foreign Assistance ment of Brazil as follows: dock AFDM 2. Act of 1961 (22 U.S.C. 2321j(e)(1)) in the case (A) On a sale basis, the Newport class tank (b) BASES OF TRANSFER.— of a transfer authorized to be made on a landing ships Cayuga (LST 1186) and Peoria (1) GRANT.—A transfer of a naval vessel au- grant basis under subsection (a)). (LST 1183). thorized to be made on a grant basis under (g) REPAIR AND REFURBISHMENT IN UNITED (B) On a combined lease-sale basis, the subsection (a) shall be made under section STATES SHIPYARDS.—The Secretary of the Cimarron class oiler Merrimack (AO 179). 516 of the Foreign Assistance Act of 1961 (22 Navy shall require, as a condition of the HILE.—The Secretary of the Navy is (3) C U.S.C. 2321j). transfer of a vessel under this section, that authorized to transfer vessels to the Govern- (2) SALE.—A transfer of a naval vessel au- the country to which the vessel is trans- ment of Chile on a sale basis as follows: thorized to be made on a sale basis under ferred have such repair or refurbishment of (A) The Newport class tank landing ship subsection (a) shall be made under section 21 the vessel as is needed, before the vessel San Bernardino (LST 1189). of the Arms Export Control Act (22 U.S.C. joins the naval forces of that country, per- (B) The auxiliary repair dry dock Water- 2761). formed at a shipyard located in the United ford (ARD 5). (3) COMBINED LEASE-SALE.—(A) A transfer States, including a United States Navy ship- (4) GREECE.—The Secretary of the Navy is of a naval vessel authorized to be made on a yard. authorized to transfer vessels to the Govern- combined lease-sale basis under subsection (h) EXPIRATION OF AUTHORITY.—The au- ment of Greece as follows: thority to transfer a vessel under subsection (A) On a sale basis, the following vessels: (a) shall be made under sections 61 and 21 of (a) shall expire at the end of the two-year pe- (i) The Oak Ridge class medium dry dock the Arms Export Control Act (22 U.S.C. 2796 riod beginning on the date of the enactment Alamogordo (ARDM 2). and 2761, respectively) in accordance with of this Act. (ii) The Knox class frigates Vreeland (FF this paragraph. 1068) and Trippe (FF 1075). (B) For each naval vessel authorized by (B) On a combined lease-sale basis, the subsection (a) for transfer on a lease-sale HUTCHINSON AMENDMENT NO. 2450 basis, the Secretary of the Navy is author- Kidd class guided missile destroyers Kidd (Ordered to lie on the table.) (DDG 993), Callaghan (DDG 994), Scott (DDG ized to transfer the vessel under the terms of a lease, with lease payments suspended for Mr. HUTCHINSON submitted an 995) and Chandler (DDG 996). amendment intended to be proposed by (C) On a grant basis, the following vessels: the term of the lease, if the country entering (i) The Knox class frigate Hepburn (FF into the lease of the vessel simultaneously him to the bill S. 2057, supra; as fol- 1055). enters into a foreign military sales agree- lows: (ii) The Adams class guided missile de- ment for the transfer of title to the leased On page 268, between lines 8 and 9, insert stroyers Strauss (DDG 16), Semmes (DDG 18), vessel. Delivery of title to the purchasing the following: and Waddell (DDG 24). country shall not be made until the purchase SEC. 1064. CLARIFICATION OF CIRCUMSTANCES (5) MEXICO.—The Secretary of the Navy is price of the vessel has been paid in full. Upon FOR WAIVER OF SUSPENSION OF authorized to transfer to the Government of delivery of title to the purchasing country, PROGRAMS AND ACTIVITIES RE- Mexico on a sale basis the auxiliary repair the lease shall terminate. GARDING THE PEOPLE’S REPUBLIC OF CHINA. dry dock San Onofre (ARD 30) and the Knox (C) If the purchasing country fails to make Section 902 of the Foreign Relations Au- class frigate Pharris (FF 1094). full payment of the purchase price by the thorization Act, Fiscal Years 1990 and 1991 (6) PHILIPPINES.—The Secretary of the date required under the sales agreement, the (22 U.S.C. 2151 note) is amended— Navy is authorized to transfer to the Govern- sales agreement shall be immediately termi- (1) in subsection (b)(2), by striking out ‘‘in ment of the Philippines on a sale basis the nated, the suspension of lease payments the national interest’’ and inserting in lieu Stalwart class ocean surveillance ship Tri- under the lease shall be vacated, and the thereof ‘‘in the vital national security inter- umph (T-AGOS 4). United States shall retain all funds received on or before the date of the termination est’’; and (7) PORTUGAL.—The Secretary of the Navy (2) by adding at the end the following: is authorized to transfer to the Government under the sales agreement, up to the amount of the lease payments due and payable under ‘‘(d) JUSTIFICATION OF CERTAIN WAIVERS.— of Portugal on a grant basis the Stalwart The President shall submit to Congress a de- class ocean surveillance ship Assurance (T- the lease and all other costs required by the lease to be paid to that date. No interest tailed justification of each exercise of the AGOS 5). authority under subsection (b)(2). Each jus- (8) SPAIN.—The Secretary of the Navy is shall be payable to the recipient by the United States on any amounts that are paid tification shall be sumitted in unclassified authorized to transfer to the Government of form, but may include a classified annex.’’. Spain on a sale basis the Newport class tank to the United States by the recipient under f landing ships Harlan County (LST 1196) and the sales agreement and are not retained by Barnstable County (LST 1197). the United States under the lease. (c) REQUIREMENT FOR PROVISION IN AD- NATIONAL TOBACCO POLICY AND (9) TAIWAN.—The Secretary of the Navy is VANCE IN AN APPROPRIATIONS ACT.—Author- YOUTH SMOKING REDUCTION ACT authorized to transfer vessels to the Taipei ity to transfer vessels on a sale or combined Economic and Cultural Representative Office lease-sale basis under subsection (a) shall be in the United States (which is the Taiwan in- effective only to the extent that authority to LOTT (AND OTHERS) AMENDMENT strumentality designated pursuant to sec- effectuate such transfers, together with ap- NO. 2451 tion 10(a) of the Taiwan Relations Act) on a propriations to cover the associated cost (as Mr. LOTT (for himself, Mr. COVER- sale basis as follows: defined in section 502 of the Congressional (A) The Knox class frigates Peary (FF Budget and Impoundment Control Act of 1974 DELL, Mr. CRAIG, Mr. ABRAHAM, Mr. 1073), Joseph Hewes (FF 1078), Cook (FF (2 U.S.C. 661a)), are provided in advance in an FAIRCLOTH, Mr. INHOFE, Mr. SESSIONS, 1083), Brewton (FF 1086), Kirk (FF 1087) and appropriations Act. and Mr. GRASSLEY) proposed an amend- Barbey (FF 1088). (d) NOTIFICATION OF CONGRESS.—Not later ment to the bill (S. 1415) to reform and (B) The Newport class tank landing ships than 30 days after the date of the enactment Manitowoc (LST 1180) and Sumter (LST restructure the processes by which to- of this Act, the Secretary of the Navy shall bacco products are manufactured, mar- 1181). submit to Congress, for each naval vessel (C) The floating dry dock Competent that is to be transferred under this section keted, and distributed, to prevent the (AFDM 6). before January 1, 1999, the notifications re- use of tobacco products by minors, to (D) The Anchorage class dock landing ship quired under section 516 of the Foreign As- redress the adverse health effects of to- Pensacola (LSD 38). sistance Act of 1961 (22 U.S.C. 2321j) and sec- bacco use, and for other purposes; as (10) TURKEY.—The Secretary of the Navy is tion 525 of the Foreign Operations, Export follows: authorized to transfer vessels to the Govern- Financing, and Related Programs Appropria- Strike all after the word ‘‘subtitle’’ and in- ment of Turkey as follows: tions Act, 1998 (Public Law 105–118; 111 Stat. sert the following: (A) On a sale basis, the following vessels: 2413). ll (i) The Oliver Hazard Perry class guided (e) GRANTS NOT COUNTED IN ANNUAL TOTAL TITLE —DRUG-FREE missile frigates Mahlon S. Tisdale (FFG 27), OF TRANSFERRED EXCESS DEFENSE ARTI- NEIGHBORHOODS Reid (FFG 30) and Duncan (FFG 10). CLES.—The value of the naval vessels author- SEC. ll01. SHORT TITLE. (ii) The Knox class frigates Reasoner (FF ized by subsection (a) to be transferred on a This title may be cited as the ‘‘Drug-Free 1063), Fanning (FF 1076), Bowen (FF 1079), grant basis under section 516 of the Foreign Neighborhoods Act’’. S5644 CONGRESSIONAL RECORD — SENATE June 4, 1998 Subtitle A—Stopping the Flow of Drugs at ‘‘(7) section 4197 of the Revised Statutes of ministered by the Customs Service, or the Our Borders the United States (46 U.S.C. App. 91); or preexisting authority of any Federal law en- CHAPTER 1—INCREASED RESOURCES FOR ‘‘(8) section 111 of title 21, United States forcement officer under any law of the INTERDICTION Code.’’. United States to order an aircraft to land or (b) CLERICAL AMENDMENT.—The table of a vessel to heave to. SEC. ll11. INCREASED RESOURCES FOR INTER- ‘‘(c) FOREIGN NATIONS.—A foreign nation DICTION. sections at the beginning of chapter 27 of title 18, United States Code, is amended by may consent or waive objection to the en- (a) CUSTOMS.—In addition to other inserting at the end the following: forcement of United States law by the amounts appropriated for the United States United States under this section by inter- Customs Service for a fiscal year, there is ‘‘554. Violence while eluding inspection or during violation of arrival, re- national agreement or, on a case-by-case authorized to be appropriated from the Trust basis, by radio, telephone, or similar oral or porting, entry, or clearance re- Fund under section 401, $500,000,000 for each electronic means. Consent or waiver may be quirements.’’. of the fiscal years 1999 through 2003 to be proven by certification of the Secretary of ll used to monitor border ports of entry to stop SEC. 17. INCREASED PENALTY FOR FALSE State or the Secretary’s designee. STATEMENT OFFENSE. the flow of illegal drugs into the United ‘‘(d) DEFINITIONS.—In this section: States. Section 542 of title 18, United States Code, ‘‘(1) FEDERAL LAW ENFORCEMENT OFFICER.— (b) COAST GUARD.—In addition to other is amended by striking ‘‘two years’’ and in- The term ‘Federal law enforcement officer’ amounts appropriated for the United States serting ‘‘5 years’’. has the meaning set forth in section 115 of Coast Guard for a fiscal year, there is au- SEC. ll18. SANCTIONS FOR FAILURE TO LAND this title. thorized to be appropriated from the Trust OR HEAVE TO, OBSTRUCTING A LAW- ‘‘(2) HEAVE TO.—The term ‘heave to’ means Fund under section 401, $400,000,000 for each FUL BOARDING, AND PROVIDING to cause a vessel to slow or come to a stop to FALSE INFORMATION. of the fiscal years 1999 through 2003 to be facilitate a law enforcement boarding by ad- (a) IN GENERAL.—Chapter 109 of title 18, used to expand activities to stop the flow of justing the course and speed of the vessel to United States Code, is amended by adding at illegal drugs into the United States. account for the weather conditions and sea the end the following: (c) DEPARTMENT OF DEFENSE.—In addition state. to other amounts appropriated for the De- ‘‘§ 2237. Sanctions for failure to heave to; ‘‘(3) SUBJECT TO THE JURISDICTION OF THE partment of Defense for a fiscal year, there sanctions for obstruction of boarding and UNITED STATES.—An aircraft ‘subject to the is authorized to be appropriated from the providing false information jurisdiction of the United States’ includes— Trust Fund under section 401, $470,000,000 for ‘‘(a) FAILURE TO HEAVE TO.— ‘‘(A) an aircraft located over the United each of the fiscal years 1999 through 2003 to ‘‘(1) IN GENERAL.—It shall be unlawful for States or the customs waters of the United be used to expand activities to stop the flow the master, operator, or person in charge of States; of illegal drugs into the United States. a vessel of the United States or a vessel sub- ‘‘(B) an aircraft located in the airspace of CHAPTER 2—DRUG-FREE BORDERS ject to the jurisdiction of the United States, a foreign nation, where that nation consents to fail to obey an order to heave to that ves- to the enforcement of United States law by SEC. ll15. SHORT TITLE. sel on being ordered to do so by an author- the United States; and This chapter may be cited as the ‘‘Drug- ized Federal law enforcement officer. ‘‘(C) over the high seas, an aircraft without Free Borders Act of 1998’’. ‘‘(2) OBSTRUCTION.—It shall be unlawful for nationality, an aircraft of United States reg- ll SEC. 16. FELONY PUNISHMENT FOR VIO- any person on board a vessel of the United istry, or an aircraft registered in a foreign LENCE COMMITTED ALONG THE nation that has consented or waived objec- UNITED STATES BORDER. States or a vessel subject to the jurisdiction of the United States knowingly or willfully tion to the enforcement of United States law (a) IN GENERAL.—Chapter 27 of title 18, by the United States. United States Code, is amended by adding at to— ‘‘(4) VESSEL.—The terms ‘vessel of the the end the following: ‘‘(A) fail to comply with an order of an au- thorized Federal law enforcement officer in United States’ and ‘vessel subject to the ju- ‘‘§ 554. Violence while eluding inspection or connection with the boarding of the vessel; risdiction of the United States’ have the during violation of arrival, reporting, ‘‘(B) impede or obstruct a boarding or ar- meanings set forth for these terms, respec- entry, or clearance requirements rest, or other law enforcement action au- tively, in the Maritime Drug Law Enforce- ‘‘(a) IN GENERAL.—Whoever attempts to thorized by any Federal law; or ment Act (46 App. U.S.C. 1903). commit or commits a crime of violence dur- ‘‘(C) provide false information to a Federal ‘‘(5) WITHOUT NATIONALITY.—An aircraft ing and in relation to— law enforcement officer during a boarding of ‘without nationality’ includes— ‘‘(1) attempting to elude or eluding cus- a vessel regarding the vessel’s destination, ‘‘(A) an aircraft aboard which the pilot, op- toms, immigration, or agriculture inspection origin, ownership, registration, nationality, erator, or person in charge makes a claim of or failing to stop at the command of an offi- cargo, or crew. registry, which claim is denied by the nation cer of customs, immigration, or animal and ‘‘(3) AIRCRAFT.— whose registry is claimed; and plant and health inspection services; or ‘‘(A) IN GENERAL.—It shall be unlawful for ‘‘(B) an aircraft aboard which the pilot, op- ‘‘(2) an intentional violation of arrival, re- the pilot, operator, or person in charge of an erator, or person in charge fails, upon re- porting, entry, or clearance requirements, as aircraft which has crossed the border of the quest of an officer of the United States em- set forth in a provision of law listed in sub- United States, or an aircraft subject to the powered to enforce applicable provisions of section (c); jurisdiction of the United States operating United States law, to make a claim of reg- shall be fined under this title or imprisoned outside the United States, to fail to obey an istry for that aircraft. for not more than 5 years, or both, except order to land by an authorized Federal law ‘‘(e) FINES OR IMPRISONMENT.—Whoever in- that if bodily injury (as defined in section enforcement officer who is enforcing the tentionally violates this section shall be 1365(g) of this title) results, the maximum laws of the United States relating to con- fined under this title or imprisoned for not term of imprisonment is 10 years, and if trolled substances, as that term is defined in more than 5 years, or both. death results, the offender may imprisoned section 102(6) of the Controlled Substances ‘‘(f) SEIZURE AND FORFEITURE.—A aircraft for any term of years or for life, and may be Act (21 U.S.C. 802(6)), or relating to money or vessel that is used in violation of this sec- sentenced to death. laundering (sections 1956–57 of this title). tion may be seized and forfeited to the United States. The laws relating to the sei- ‘‘(b) CONSPIRACY.—If 2 or more persons con- ‘‘(B) REGULATIONS.—The Administrator of zure, summary and judicial forfeiture, and spire to commit an offense under subsection the Federal Aviation Administration, in con- condemnation of property for violation of (a), and 1 or more of such persons do any act sultation with the Commissioner of Customs the customs laws, the disposition of such to effect the object of the conspiracy, each and the Attorney General, shall prescribe property or the proceeds from the sale there- shall be punishable as a principal, except regulations governing the means by, and cir- of, the remission or mitigation of such for- that the sentence of death may not be im- cumstances under which a Federal law en- feitures, and the compromise of claims, shall posed. forcement officer may communicate an order apply to seizures and forfeitures undertaken, ‘‘(c) PROVISIONS OF LAW.—The provisions of to land to a pilot, operator, or person in or alleged to have been undertaken, under law referred to in subsection (a) are— charge of an aircraft. Such regulations shall any of the provisions of this section; except ‘‘(1) section 107 of the Federal Plant Pest ensure that any such order is clearly com- that such duties as are imposed upon the Act (7 U.S.C. 150ff)); municated in accordance with applicable customs officer or any other person with re- ‘‘(2) section 7 of the Federal Noxious Weed international standards. Further, such regu- spect to the seizure and forfeiture of prop- Act of 1974 (7 U.S.C. 2806); lations shall establish guidelines based on erty under the customs laws shall be per- ‘‘(3) section 431, 433, 434, or 459 of the Tariff observed conduct, prior information, or formed with respect to seizures and forfeit- Act of 1930 (19 U.S.C. 1431, 1433, 1434, 1459); other circumstances for determining when ures of property under this section by such ‘‘(4) section 6 of the Act of August 30, 1890 an officer may use the authority granted officers, agents, or other persons as may be (21 U.S.C. 105; Chapter 839, 26 Stat. 416); under subparagraph (A). authorized or designated for that purpose. ‘‘(5) section 2 of the Act of February 2, 1903 ‘‘(b) NO LIMITATION OF EXISTING AUTHOR- An aircraft or vessel that is used in violation (21 U.S.C. 111; Chapter 349, 32 Stat. 791) ITY.—This section does not limit in any way of this section is also liable in rem for any ‘‘(6) section 231, 232, 234, 235, 236, 237, or 238 the preexisting authority of a customs offi- fine imposed under this section.’’. of the Immigration and Nationality Act (8 cer under section 581 of the Tariff Act of 1930 (b) CLERICAL AMENDMENT.—The table of U.S.C. 1221, 1222, 1224, 1225, 1226, 1227, 1228); or any other provision of law enforced or ad- sections at the beginning of chapter 109 of June 4, 1998 CONGRESSIONAL RECORD — SENATE S5645

title 18, United States Code, is amended by ‘‘(1) IN GENERAL.—Notwithstanding any Subtitle B—Protecting Our Neighborhoods adding at the end the following: other provision of law, bargaining agree- and Schools from Drugs ‘‘2237. Sanctions for failure to heave to; sanc- ment, or Executive order, beginning October CHAPTER 1—DRUG-FREE TEEN DRIVERS tions for obstruction of board- 1, 1998, in order to ensure the integrity of the SEC. ll25. SHORT TITLE. ing or providing false informa- United States Customs Service, the Sec- This subtitle may be cited as the ‘‘Drug tion.’’. retary of the Treasury— Free Teenage Drivers Act’’. SEC. ll19. CIVIL PENALTIES TO SUPPORT MARI- ‘‘(A) may transfer up to 5 percent of the SEC. ll26. DEMONSTRATION PROGRAM. TIME LAW ENFORCEMENT. customs officers employed as of the begin- The National Highway Traffic Safety Ad- (a) IN GENERAL.—Chapter 17 of title 14, ning of each fiscal year to new duty stations ministration shall establish a demonstration United States Code, is amended by adding at in that fiscal year on a permanent basis; and program in several States to provide vol- the end the following: ‘‘(B) may transfer customs officers to tem- untary drug testing for all teenager appli- ‘‘§ 676. Civil penalty for failure to comply porary duty assignments for not more than cants (or other first time applicants for a with vessel boarding 90 days. driver’s license regardless of age) for a driv- ‘‘(a) IN GENERAL.—Any person that engages ‘‘(2) VOLUNTARY AND OTHER TRANSFERS.—A er’s license. Information respecting an appli- in conduct that violates section 2237(a)(1) or transfer of a customs officer to a new duty cant’s choice not to take the drug test or the (2) of title 18, United States Code, shall be station or a temporary duty assignment result of the drug test on the applicant shall liable to the United States Government— under paragraph (1) is in addition to any vol- be made available to the applicant’s auto- ‘‘(1) for a civil penalty of not more than untary transfer or transfer for other reasons. mobile insurance company. If an applicant $25,000, in the case of an intentional viola- ‘‘(3) RULE OF CONSTRUCTION.—The require- tests positive in the drug test, the State in tion; or ments of this subsection, including any regu- which the program is established will not ‘‘(2) for a civil penalty of not more than lations established by the Secretary to carry issue a license to the applicant and will re- $15,000, in the case of any other violation. out this subsection, are not subject to collec- quire the applicant to complete a State drug ‘‘(b) SEIZURE OR FORFEITURE.—A vessel tive bargaining. treatment program and to not test positive used to engage in conduct for which a pen- ‘‘(4) AVAILABILITY OF AMOUNTS.—Of the in a drug test before reapplying for a license. alty is imposed under subsection (a) is liable amounts made available for fiscal years 1999 SEC. ll27. INCENTIVE GRANT PROGRAM. in rem for that penalty and may be seized, and 2000 under subparagraphs (A) and (B) of (a) IN GENERAL.—The Secretary of Trans- forfeited, and sold in accordance with cus- section 301(b)(1) of the Customs Procedural portation shall establish an incentive grant toms laws.’’. Reform and Simplification Act of 1978 (19 program for States to assist the States in (b) CLERICAL AMENDMENT.—The table of U.S.C. 2075(b)(1)(A) and (B)), $25,000,000 for improving their laws relating to controlled substances and driving. sections at the beginning of chapter 17 of each such fiscal year shall be available to (b) GRANT REQUIREMENTS.—To qualify for a title 14, United States Code, is amended by carry out this subsection.’’. adding at the end the following new item: grant under subsection (a) a State shall ‘‘676. Civil penalty for failure to comply with SEC. ll24. EFFECT OF COLLECTIVE BARGAIN- carry out the following: vessel boarding.’’. ING AGREEMENTS ON ABILITY OF (1) Enact, actively enforce, and publicize a UNITED STATES CUSTOMS SERVICE law which makes it illegal to drive in the SEC. ll20. INCREASED NUMBER OF BORDER PA- TO INTERDICT CONTRABAND. TROL AGENTS. State with any measurable amount of an il- Section 101(a) of the Illegal Immigration Section 5 of the Act of February 13, 1911 (19 legal controlled substance in the driver’s body. An illegal controlled substance is a Reform and Immigrant Responsibility Act of U.S.C. 267), as amended by this Act, is fur- controlled substance for which an individual 1996 (Public Law 104–208; 110 Stat. 3009–553) is ther amended— amended to read as follows: does not have a legal written prescription. (1) by redesignating subsection (g) as sub- An individual who is convicted of such ille- ‘‘(a) INCREASED NUMBER OF BORDER PATROL section (h); and AGENTS.—The Attorney General in each of gal driving shall be referred to appropriate (2) by inserting after subsection (f) the fol- services, including intervention, counselling, fiscal years 1999, 2000, 2001, 2002, and 2003 lowing: shall increase by not less than 1,500 the num- and treatment. ber of positions for full-time, active-duty ‘‘(g) EFFECT OF COLLECTIVE BARGAINING (2) Enact, actively enforce, and publicize a border patrol agents within the Immigration AGREEMENTS ON ABILITY OF CUSTOMS SERVICE law which makes it illegal to drive in the State when driving is impaired by the pres- and Naturalization Service above the num- TO INTERDICT CONTRABAND.— ence of any drug. The State shall provide ber of such positions for which funds were al- ‘‘(1) SENSE OF THE CONGRESS.—It is the lotted for the preceding fiscal year, to sense of the Congress that collective bar- that in the enforcement of such law, a driver shall be tested for the presence of a drug achieve a level of 15,000 positions by fiscal gaining agreements should not have any ad- when there is evidence of impaired driving year 2003.’’. verse impact on the ability of the United and a driver will have the driver’s license SEC. ll21. BORDER PATROL PURSUIT POLICY. States Customs Service to interdict contra- suspended. An individual who is convicted of A border patrol agent of the United States band, including controlled substances. such illegal driving shall be referred to ap- Border Patrol may not cease pursuit of an ‘‘(2) PROVISIONS CAUSING ADVERSE IMPACT alien who the agent suspects has unlawfully propriate services, including intervention, TO INTERDICT CONTRABAND.— counselling, and treatment. entered the United States, or an individual ‘‘(A) REQUIREMENT TO MEET.—If the Com- who the agent suspects has unlawfully im- (3) Enact, actively enforce, and publicize a missioner of the Customs Service determines law which authorizes the suspension of a ported a narcotic into the United States, that any collective bargaining agreement driver’s license if the driver is convicted of until State or local law enforcement au- with the recognized bargaining representa- any criminal offense relating to drugs. thorities are in pursuit of the alien or indi- tive of its employees has an adverse impact (4) Enact a law which provides that begin- vidual and have the alien or individual in upon the interdiction of contraband, includ- ning driver applicants and other individuals their visual range. ing controlled substances, the parties shall applying for or renewing a driver’s license ll SEC. 22. AUTHORIZATION FOR BORDER PA- meet to eliminate the provision causing the will be provided information about the laws TROL TO INTERDICT THE IMPORTA- adverse impact from the agreement. TION OF NARCOTICS. referred to in paragraphs (1), (2), and (3) and ‘‘(B) FAILURE TO REACH AGREEMENT.—If the The United States Border Patrol within will be required to answer drug-related ques- parties do not reach agreement within 90 the Department of Justice shall have as one tions on their applications. days of the date of the Customs Service de- (c) USE.—A State may only use a grant of its functions the prevention of unlawful termination of adverse impact, the negotia- under subsection (a) to implement and en- importation of narcotics into the United tions shall be considered at impasse and the force the programs described in subsection States and confiscation of such narcotics. Customs Service may immediately imple- (b). The Attorney General shall ensure that this ment its last offer. Such implementation SEC. ll28. AUTHORIZATION OF APPROPRIA- function is assigned a priority at least as TIONS. high as is assigned to the Border Patrol’s shall not result in an unfair labor practice or, except as may be provided under the fol- There are authorized to be appropriated function of preventing the unlawful entry from amounts made available from the Trust into the United States of aliens. lowing sentence, the imposition of any sta- tus quo ante remedy against the Customs Fund under section 401, $10,000,000 for each of SEC. ll23. ROTATION OF DUTY STATIONS AND Service. Either party may then pursue the the fiscal years 1999 through 2003 to carry TEMPORARY DUTY ASSIGNMENTS OF out this chapter. OFFICERS OF THE UNITED STATES impasse to the Federal Service Impasses CUSTOMS SERVICE. Panel pursuant to section 7119(c) of title 5, CHAPTER 2—DRUG-FREE SCHOOLS Section 5 of the Act of February 13, 1911 (19 United States Code, for ultimate resolution. SEC. ll31. FINDINGS. U.S.C. 267) is amended— ‘‘(C) RULE OF CONSTRUCTION.—Nothing in Congress finds that— (1) by redesignating subsection (f) as sub- this paragraph shall be construed to limit (1) the continued presence in schools of section (g); and the authority of the Customs Service to im- violent students who are a threat to both (2) by inserting after subsection (e) the fol- plement immediately any proposed changes teachers and other students is incompatible lowing: without waiting 90 days, if exigent cir- with a safe learning environment; ‘‘(f) ROTATION OF DUTY STATIONS AND TEM- cumstances warrant such immediate imple- (2) unsafe school environments place stu- PORARY DUTY ASSIGNMENTS OF CUSTOMS OFFI- mentation, or if an impasse is reached in less dents who are already at risk of school fail- CERS.— than 90 days.’’. ure for other reasons in further jeopardy; S5646 CONGRESSIONAL RECORD — SENATE June 4, 1998

(3) recently, over one-fourth of high school ‘‘(c) CONSTRUCTION.—Nothing in this Act or 14101 of the Elementary and Secondary Edu- students surveyed reported being threatened any other Federal law shall be construed to cation Act of 1965 (20 U.S.C. 8801). at school; prevent a parent assisted under this section Subchapter B—Victim and Witness Assist- (4) 2,000,000 more children are using drugs from selecting the public or private, includ- ance Programs for Teachers and Students in 1997 than were doing so a few short years ing religious, elementary school or second- prior to 1997; ary school that a child of the parent will at- SEC. ll32. AMENDMENTS TO VICTIMS OF CRIME (5) nearly 1 out of every 20 students in 6th tend within the State. ACT OF 1984. through 12th grade uses drugs on school ‘‘(d) CONSIDERATION OF ASSISTANCE.—Sub- (a) VICTIM COMPENSATION.—Section 1403 of grounds; ject to subsection (h), assistance made avail- the Victims of Crime Act of 1984 (42 U.S.C. (6) more of our children are becoming in- able under this section that is used to pay 10602) is amended by adding at the end the volved with hard drugs at earlier ages, as use the costs for a student to attend a private or following: of heroin and cocaine by 8th graders has religious school shall not be considered to be ‘‘(f) VICTIMS OF SCHOOL VIOLENCE.— more than doubled since 1991; and Federal aid to the school, and the Federal ‘‘(1) IN GENERAL.—Notwithstanding any (7) greater cooperation between schools, Government shall have no authority to influ- other provision of law, an eligible crime vic- parents, law enforcement, the courts, and ence or regulate the operations of a private tim compensation program may expend the community is essential to making our or religious school as a result of assistance funds appropriated under paragraph (2) to schools safe from drugs and violence. received under this section. offer compensation to elementary and sec- Subchapter A—Student Safety and Family ‘‘(e) CONTINUING ELIGIBILITY.—A student ondary school students or teachers who are Choice assisted under this section shall remain eli- victims of elementary and secondary school violence (as school violence is defined under ll gible to continue receiving assistance under SEC. 31A. STUDENT SAFETY AND FAMILY applicable State law). SCHOOL CHOICE. this section for at least 3 academic years ‘‘(2) FUNDING.—There is authorized to be (a) IN GENERAL.—Subpart 1 of part A of without regard to whether the student is eli- appropriated from the Trust Fund under sec- title I of the Elementary and Secondary Edu- gible for assistance under section 1114 or tion 401, such sums as may be necessary to cation Act of 1965 (20 U.S.C. 6311 et seq.) is 1115(b). carry out paragraph (1).’’. amended by inserting after section 1115A of ‘‘(f) TUITION CHARGES.—Assistance under (b) VICTIM AND WITNESS ASSISTANCE.—Sec- such Act (20 U.S.C. 6316) the following: this section may not be used to pay tuition or required fees at a private elementary tion 1404(c) of the Victims of Crime Act of ‘‘SEC. 1115B. STUDENT SAFETY AND FAMILY 1984 (42 U.S.C. 10603(c)) is amended by adding SCHOOL CHOICE. school or secondary school in an amount at the end the following: ‘‘(a) IN GENERAL.—Notwithstanding any that is greater than the tuition and required SSISTANCE FOR VICTIMS OF AND WIT- other provision of law, if a student is eligible fees paid by students not assisted under this ‘‘(5) A NESSES TO SCHOOL VIOLENCE.—Notwithstand- to be served under section 1115(b), or attends section at such school. ing any other provision of law, the Director a school eligible for a schoolwide program ‘‘(g) SPECIAL RULE.—Any school receiving may make a grant under this section for a under section 1114, and becomes a victim of assistance provided under this section shall demonstration project or for training and a violent criminal offense, including drug-re- comply with title VI of the Civil Rights Act technical assistance services to a program lated violence, while in or on the grounds of of 1964 (42 U.S.C. 2000d et seq.) and not dis- that— a public elementary school or secondary criminate on the basis of race, color, or na- ‘‘(A) assists State educational agencies and school that the student attends and that re- tional origin. local educational agencies (as the terms are ceives assistance under this part, then the ‘‘(h) ASSISTANCE; TAXES AND OTHER FED- defined in section 14101 of the Elementary local educational agency may use funds pro- ERAL PROGRAMS.— and Secondary Education Act of 1965 (20 vided under this part or under any other ‘‘(1) ASSISTANCE TO FAMILIES, NOT U.S.C. 8801)) in developing, establishing, and Federal education program to pay the sup- SCHOOLS.—Assistance provided under this operating programs that are designed to pro- plementary costs for such student to attend section shall be considered to be aid to fami- tect victims of and witnesses to incidents of another school. The agency may use the lies, not schools. Use of such assistance at a elementary and secondary school violence funds to pay for the supplementary costs of school shall not be construed to be Federal (as school violence is defined under applica- such student to attend any other public or financial aid or assistance to that school. ble State law), including programs designed private elementary school or secondary ‘‘(2) TAXES AND DETERMINATIONS OF ELIGI- to protect witnesses testifying in school dis- school, including a religious school, in the BILITY FOR OTHER FEDERAL PROGRAMS.—As- ciplinary proceedings; or same State as the school where the criminal sistance provided under this section to a stu- ‘‘(B) supports a student safety toll-free offense occurred, that is selected by the stu- dent shall not be considered to be income of hotline that provides students and teachers dent’s parent. The State educational agency the student or the parent of such student for in elementary and secondary schools with shall determine what actions constitute a Federal, State, or local tax purposes or for confidential assistance relating to the issues violent criminal offense for purposes of this determining eligibility for any other Federal of school crime, violence, drug dealing, and section. program. threats to personal safety.’’. ‘‘(b) SUPPLEMENTARY COSTS.—The supple- ‘‘(i) PART B OF THE INDIVIDUALS WITH DIS- mentary costs referred to in subsection (a) ABILITIES EDUCATION ACT.—Nothing in this Subchapter C—Innovative Programs to shall not exceed— section shall be construed to affect the re- Protect Teachers and Students ‘‘(1) in the case of a student for whom quirements of part B of the Individuals with ll Disabilities Education Act (20 U.S.C. 1411 et SEC. 35. DEFINITIONS. funds under this section are used to enable In this subchapter: the student to attend a public elementary seq.). (1) ELEMENTARY SCHOOL, LOCAL EDU- school or secondary school served by a local ‘‘(j) MAXIMUM AMOUNT.—Notwithstanding CATIONAL AGENCY, SECONDARY SCHOOL, AND educational agency that also serves the any other provision of this section, the STATE EDUCATIONAL AGENCY.—The terms ‘‘el- school where the violent criminal offense oc- amount of assistance provided under this part for a student shall not exceed the per ementary school’’, ‘‘local educational agen- curred, the costs of supplementary edu- cy’’, ‘‘secondary school’’, and ‘‘State edu- cational services and activities described in pupil expenditure for elementary or second- ary education, as appropriate, by the local cational agency’’ have the meanings given section 1114(b) or 1115(c) that are provided to the terms in section 14101 of the Elementary the student; educational agency that serves the school where the criminal offense occurred for the and Secondary Education Act of 1965 (20 ‘‘(2) in the case of a student for whom U.S.C. 8801). funds under this section are used to enable fiscal year preceding the fiscal year for which the determination is made.’’. (2) SECRETARY.—The term ‘‘Secretary’’ the student to attend a public elementary means the Secretary of Education. school or secondary school served by a local SEC. ll31B. TRANSFER OF REVENUES. ll educational agency that does not serve the (a) IN GENERAL.—Notwithstanding any SEC. 36. AUTHORIZATION OF APPROPRIA- school where the violent criminal offense oc- other provision of Federal law, a State, a TIONS. curred but is located in the same State— State educational agency, or a local edu- There is authorized to be appropriated ‘‘(A) the costs of supplementary edu- cational agency may transfer any non-Fed- from the Trust Fund under section 401 such cational services and activities described in eral public funds associated with the edu- sums as may be necessary to carry out this section 1114(b) or 1115(c) that are provided to cation of a student who is a victim of a vio- subchapter. the student; and lent criminal offense while in or on the SEC. ll37. AUTHORIZATION FOR REPORT ‘‘(B) the reasonable costs of transportation grounds of a public elementary school or sec- CARDS ON SCHOOLS. for the student to attend the school selected ondary school served by a local educational (a) IN GENERAL.—The Secretary is author- by the student’s parent; and agency to another local educational agency ized to award grants to States, State edu- ‘‘(3) in the case of a student for whom or to a private elementary school or second- cational agencies, and local educational funds under this section are used to enable ary school, including a religious school. agencies to develop, establish, or conduct in- the student to attend a private elementary (b) DEFINITIONS.—For the purpose of sub- novative programs to improve unsafe ele- school or secondary school, including a reli- section (a), the terms ‘‘elementary school’’, mentary schools or secondary schools. gious school, the costs of tuition, required ‘‘secondary school’’, ‘‘local educational agen- (b) PRIORITY.—The Secretary shall give pri- fees, and the reasonable costs of such trans- cy’’, and ‘‘State educational agency’’ have ority to awarding grants under subsection portation. the meanings given such terms in section (a) to— June 4, 1998 CONGRESSIONAL RECORD — SENATE S5647

(1) programs that provide parent and (1) Students will only be tested with their ‘‘(q) SUSPENSION OF ELIGIBILITY FOR teacher notification about incidents of phys- parent’s consent. If the program also re- DRUGRELATED OFFENSES.— ical violence, weapon possession, or drug ac- quires the consent of the student, the parent ‘‘(1) IN GENERAL.—An individual student tivity on school grounds as soon after the in- will be informed of any refusal by the stu- who has been convicted of any felony offense cident as practicable; dent to give consent. under any Federal or State law involving the (2) programs that provide to parents and (2) The program may involve random test- possession or sale of a controlled substance teachers an annual report regarding— ing or testing of all students within certain shall not be eligible to receive any grant, (A) the total number of incidents of phys- grade or age parameters at a participating loan, or work assistance under this title dur- ical violence, weapon possession, and drug school. No students under seventh grade or ing the period beginning on the date of such activity on school grounds; over 12th grade may be tested using funds conviction and ending after the interval (B) the percentage of students missing 10 from grants awarded under this section. specified in the following table: or fewer days of school; and (3) Students who test positive for illegal (C) a comparison, if available, to previous drugs or whose parents do not consent to the annual reports under this paragraph, which drug testing will not be penalized, except ‘‘If convicted of an offense involving: comparison shall not involve a comparison of that the privilege of participating in op- The possession of a controlled Ineligibility period is: more than 5 such previous annual reports; tional courses or extra-curricula activities substance: and in which drug impairment might pose a safe- First offense ...... 1 year (3) programs to enhance school security ty risk (such as athletic teams, drivers edu- Second offense ...... 2 years measures that may include— cation, or industrial arts) may be restricted. Third offense ...... indefinite (A) equipping schools with fences, closed (4) The parent of a student who tests posi- The sale of a controlled sub- circuit cameras, and other physical security tive for illegal drugs shall be notified of the stance: First offense ...... 2 years measures; results in a discrete manner by a health care Second offense ...... indefinite (B) providing increased police patrols in professional, a counselor, or other appro- and around elementary schools and second- priate person. Parents shall be advised of re- ‘‘(2) REHABILITATION.—A student whose eli- ary schools, including canine patrols; and sources that may be available in the local gibility has been suspended under paragraph (C) mailings to parents at the beginning of area to treat drug dependency. (1) may resume eligibility before the end of the school year stating that the possession (5) The procedures used in the demonstra- the period determined under such paragraph of a gun or other weapon, or the sale of drugs tion project shall be designed to ensure fair- if the student satisfactorily completes a drug in school, will not be tolerated by school au- ness and accuracy. The procedures shall also rehabilitation program that complies with thorities. require personnel administering the drug such criteria as the Secretary shall prescribe SEC. ll38. APPLICATION. testing program to treat individual test re- for purposes of this paragraph and that in- cludes two unannounced drug tests. (a) IN GENERAL.—Each State, State edu- sults confidentially, and not to provide indi- cational agency, or local educational agency vidual test results to law enforcement offi- ‘‘(3) DEFINITIONS.—As used in this sub- desiring a grant under this subchapter shall cials. Statistical information which does not section, the term ‘controlled substance’ has submit an application to the Secretary at reveal individual identifying information the meaning given in section 102(6) of the such time, in such manner, and accompanied should be provided to law enforcement offi- Controlled Substances Act (21 U.S.C. by such information as the Secretary may cials. 802(6)).’’. (b) EFFECTIVE DATE.—The amendment require. (c) SUBPOENAS AND DISCOVERY.—Test re- made by subsection (a) shall apply with re- (b) CONTENTS.—Each application submitted sults for tests conducted under a demonstra- spect to financial assistance to cover the under subsection (a) shall contain an assur- tion project receiving funds under this sec- costs of attendance for periods of enrollment ance that the State or agency has imple- tion shall not be subject to subpoena or dis- mented or will implement policies that— beginning after the date of enactment of this covery in any court or administrative forum, Act. (1) provide protections for victims and wit- without the consent of the individual’s par- nesses to school crime, including protections ent, unless the individual is no longer a CHAPTER 4—DRUG-FREE WORKPLACES for attendance at school disciplinary pro- minor, in which case the individual’s consent SEC. ll51. SHORT TITLE. ceedings; is required. This chapter may be cited as the ‘‘Drug- (2) expel students who, on school grounds, (d) MATCHING FUNDS.—The Administrator Free Workplace Act of 1998’’. sell drugs, or who commit a violent offense may give a preference in the award of grants SEC. ll52. FINDINGS; PURPOSES. that causes serious bodily injury of another under this section to applicants who provide (a) FINDINGS.—Congress finds that— student or teacher; and an assurance that such applicant will com- (1) 74 percent of adults who use illegal (3) require referral to law enforcement au- mit some level of matching funds or re- drugs are employed; thorities or juvenile authorities of any stu- sources for the program. (2) small business concerns employ over 50 dent who on school grounds— (e) CONSTRUCTION OF THIS SECTION.—Noth- percent of the Nation’s workforce; (A) commits a violent offense resulting in ing in this section shall be construed to re- (3) in over 88 percent of families with chil- serious bodily injury; or strict other permissible drug testing activi- dren under the age of 18, at least 1 parent is (B) sells drugs. ties in schools. Additional drug testing not employed; and (c) SPECIAL RULE.—For purposes of para- conducted in accordance with the guidelines (4) employees who use drugs increase costs graphs (2) and (3) of subsection (b), State law in subsection (b) may be conducted in for businesses and risk the health and safety shall determine what constitutes a violent schools which receive funding under this sec- of all employees because— offense or serious bodily injury. tion, except that grants awarded under this (A) absenteeism is 66 percent higher among SEC. ll39. INNOVATIVE VOLUNTARY RANDOM section shall not be used to fund such addi- drug users than nondrug users; DRUG TESTING PROGRAMS. tional testing. (B) health benefit utilization is 300 percent Section 4116(b) of the Safe and Drug-Free (f) DEFINITIONS.—In this section: higher among drug users than nondrug users; Schools and Communities Act of 1994 (20 (1) ADMINISTRATOR.—The term ‘‘Adminis- (C) 47 percent of workplace accidents are U.S.C. 7116(b)) is amended— trator’’ means the Administrator of the Of- drug-related; (1) in paragraph (9), by striking ‘‘and’’ fice of Juvenile Justice and Delinquency (D) disciplinary actions are 90 percent after the semicolon; Prevention of the Department of Justice. higher among drug users than nondrug users; (2) by redesignating paragraph (10) as para- (2) PARENT.—The term ‘‘parent’’ means a and graph (11); and custodial parent or legal guardian. (E) employee turnover is significantly (3) by inserting after paragraph (9) the fol- (3) STATE, STATE EDUCATIONAL AGENCY, AND higher among drug users than nondrug users. lowing: (b) PURPOSES.—The purposes of this chap- LOCAL EDUCATIONAL AGENCY.—The terms ter are to— ‘‘(10) innovative voluntary random drug ‘‘State’’, ‘‘State educational agency’’, and (1) educate small business concerns about testing programs; and’’. ‘‘local educational agency’’ have the mean- the advantages of a drug-free workplace; Subchapter D—Parental Consent Drug ings given such terms in section 14101 of the (2) provide financial incentives and tech- Testing Elementary and Secondary Education Act of nical assistance to enable small business SEC. ll40. GRANTS FOR PARENTAL CONSENT 1965 (20 U.S.C. 8801). concerns to create a drug-free workplace; DRUG TESTING DEMONSTRATION (g) AUTHORIZATION OF APPROPRIATIONS.— and PROJECTS. There is authorized to be appropriated from (3) assist working parents in keeping their (a) IN GENERAL.—The Administrator is au- the National Tobacco Settlement Trust children drug-free. thorized to award grants to States, State Fund, $10,000,000 for each of the fiscal years ll educational agencies, and local educational 1999 through 2003. Such sums shall remain SEC. 53. SENSE OF CONGRESS. It is the sense of Congress that— agencies to develop, establish, or conduct available until expended. programs for testing students for illegal drug (1) businesses should adopt drug-free work- use with prior parental consent. CHAPTER 3—DRUG-FREE STUDENT LOANS place programs; and (b) GUIDELINES.—The Administrator may SEC. ll41. DRUG-FREE STUDENT LOANS (2) States should consider financial incen- award grants under subsection (a) only to (a) IN GENERAL.—Section 484 of the Higher tives, such as reductions in workers’ com- programs that substantially comply with the Education Act of 1965 (20 U.S.C. 1091) is pensation premiums, to encourage businesses following guidelines: amended by adding at the end the following: to adopt drug-free workplace programs. S5648 CONGRESSIONAL RECORD — SENATE June 4, 1998 SEC. ll54. DRUG-FREE WORKPLACE DEM- such fiscal year shall be used for volunteer (D) obtain fingerprints and a photograph of ONSTRATION PROGRAM. grassroots drug prevention programs that the person if these have not already been ob- The Small Business Act (15 U.S.C. 636 et mobilize parent action teams nationwide to tained in connection with the offense that seq.) is amended— conduct community teen drug awareness triggers registration; and (1) by redesignating section (32) as section education and prevention activities that (E) require the person to read and sign a (33); and guarantee increased parental involvement.’’. form stating that the duty of the person to (2) by inserting after section 31 the follow- CHAPTER 6—BANNING FREE NEEDLES register under this section has been ex- ing: FOR DRUG ADDICTS plained. ‘‘SEC. 30. DRUG-FREE WORKPLACE DEMONSTRA- (2) TRANSFER OF INFORMATION TO STATE.— ll TION PROGRAM. SEC. 65. PROHIBITION ON USE OF FUNDS FOR State procedures under the State law shall HYPODERMIC NEEDLES. ‘‘(a) ESTABLISHMENT.—There is established ensure that the registration information is Notwithstanding any other provision of a drug-free workplace demonstration pro- promptly made available to a law enforce- law, no Federal funds shall be made avail- gram, under which the Administration may ment agency having jurisdiction where the able or used to carry out or support, directly make grants to eligible intermediaries de- person expects to reside and entered into the or indirectly, any program of distributing scribed in subsection (b) for the purpose of appropriate State records or data system. sterile hypodermic needles or syringes to in- providing financial and technical assistance (3) VERIFICATION.—For a person required to dividuals for the hypodermic injection of any to small business concerns seeking to start a register, State procedures under the State illegal drug. drug-free workplace program. law shall provide for verification of address ‘‘(b) ELIGIBILITY FOR PARTICIPATION.—An Subtitle C—Defeating the Drug Mafia at least annually. intermediary shall be eligible to receive a CHAPTER 1—INCREASED RESOURCES FOR (4) NOTIFICATION OF LOCAL LAW ENFORCE- grant under subsection (a) if it meets the fol- LAW ENFORCEMENT MENT AGENCIES OF CHANGES IN ADDRESS.—A lowing criteria: SEC. ll71. INCREASED RESOURCES FOR LAW change of address by a person required to ‘‘(1) It is an organization described in sec- ENFORCEMENT. register under a State law under this section tion 501(c)(3) of the Internal Revenue Code of (a) DRUG ENFORCEMENT ADMINISTRATION.— shall be reported by the person in the man- 1986 that is exempt from tax under section In addition to other amounts appropriated ner provided by State law. State procedures 5(a) of such Act, a program of such organiza- for the Drug Enforcement Administration shall ensure that the updated address infor- tion, or provides services to such organiza- for a fiscal year, there is authorized to be ap- mation is promptly made available to a law tion. propriated from the Trust Fund under sec- enforcement agency having jurisdiction ‘‘(2) Its primary purpose is to develop com- tion 401, $300,000,000 for each of the fiscal where the person will reside and entered into prehensive drug-free workplace programs or years 1999 through 2003 to be used for addi- the appropriate State records or data sys- to supply drug-free workplace services. tional activities to disrupt and dismantle tem. ‘‘(3) It has at least 2 years of experience in drug trafficking organizations. (5) REGISTRATION FOR CHANGE OF ADDRESS drug-free workplace programs. (b) FEDERAL BUREAU OF INVESTIGATION.—In TO ANOTHER STATE.—A person who has been ‘‘(4) It has a drug-free workplace policy in addition to other amounts appropriated for convicted of an offense which requires reg- effect. the Federal Bureau of Investigation for a fis- istration under a State law under this sec- ‘‘(c) REQUIREMENTS FOR PROGRAM.—Any cal year, there is authorized to be appro- tion and who moves to another State, shall drug-free workplace program established as priated from the Trust Fund under section report the change of address to the respon- a result of this section shall include— 401, $200,000,000 for each of the fiscal years sible agency in the State the person is leav- ‘‘(1) a written policy, including a clear 1999 through 2003 to be used to enhance in- ing, and shall comply with any registration statement of expectations for workplace be- vestigative and intelligence gathering capa- requirement in the new State of residence. The procedures of the State the person is havior, prohibitions against substances in bilities relating to illegal drugs. the workplace, and the consequences of vio- leaving shall ensure that notice is provided CHAPTER 2—REGISTRATION OF lating such expectations and prohibitions; promptly to an agency responsible for reg- CONVICTED DRUG DEALERS ‘‘(2) training for at least 60 minutes for em- istration in the new State, if that State re- ployees and supervisors; SEC. ll99B. REGISTRATION OF CONVICTED quires registration. ‘‘(3) additional training for supervisors and DRUG DEALERS. (6) LENGTH OF REGISTRATION.—A person re- employees who are parents; (a) IN GENERAL.—The Attorney General quired to register under a State law under ‘‘(4) employee drug testing; and shall establish an incentive grant program this section shall continue to comply with ‘‘(5) employee access to an employee as- for States to assist the States in enacting this section, except during ensuing periods of sistance program, including assessment, re- laws that establish State registration pro- incarceration, until 10 years have elapsed ferral, and short-term problem resolution. grams for individuals convicted of criminals since the person was released from prison or ‘‘(d) AUTHORIZATION.—There is authorized offenses involving drug trafficking. placed on parole, supervised release, or pro- to be appropriated from the Trust Fund (b) GRANT REQUIREMENTS.—To qualify for a bation. under section 401 of the National Tobacco grant under subsection (a) a State shall (7) REGISTRATION OF OUT-OF-STATE OFFEND- Policy and Youth Smoking Reduction Act to enact, actively enforce, and publicize a law ERS, FEDERAL OFFENDERS, PERSONS SEN- carry out this section, $10,000,000 for fiscal that requires that a person who is convicted TENCED BY COURTS MARTIAL, AND OFFENDERS year 1999. Such sums shall remain available of a criminal offense involving drug traffick- CROSSING STATE BORDERS.—A State shall in- until expended.’’. ing register a current address with a des- clude in its registration program residents ignated State law enforcement agency for up who were convicted in another State and SEC. ll55. SMALL BUSINESS DEVELOPMENT CENTERS. to 10-years following the date on which such shall ensure that procedures are in place to Section 21(c)(3) of the Small Business Act individual is convicted or released from pris- accept registration information from— (15 U.S.C. 648(c)(3)) is amended— on. (A) residents who were convicted in an- (1) in subparagraph (R), by striking ‘‘and’’ (c) REQUIREMENTS OF STATE LAW.—A State other State, convicted of a Federal offense, at the end; law enacted under subsection (b) shall con- or sentenced by a court martial; and (2) in subparagraph (S), by striking the pe- tain the following elements: (B) nonresident offenders who have crossed riod and inserting ‘‘; and’’; and (1) DUTIES OF RESPONSIBLE OFFICIALS.—If a into another State in order to work or at- (3) by inserting after subparagraph (S) the person who is required to register under a tend school. following: State law under this section is released from (8) REGISTRATION OF OFFENDER CROSSING ‘‘(T) providing information and assistance prison, or placed on parole, supervised re- STATE BORDER.—Any person who is required to small business concerns with respect to lease, or probation, a State prison officer, under a State law under this section to reg- developing drug-free workplace programs.’’. the court, or another responsible officer or ister in the State in which such person re- official, shall— sides shall also register in any State in SEC. ll56. CONTRACT AUTHORITY. (A) inform the person of the duty to reg- which the person is employed, carries on a The Administrator of the Small Business ister and obtain the information required for vocation, or is a student. Administration may contract with and com- such registration; (9) PENALTY.—A person required to register pensate government and private agencies or (B) inform the person that if the person under a State law under this section who persons for services related to carrying out changes residence address, the person shall knowingly fails to so register and keep such the provisions of this chapter. report the change of address as provided by registration current shall be subject to CHAPTER 5—DRUG-FREE COMMUNITIES State law; criminal penalties in any State in which the SEC. ll61. DRUG-FREE COMMUNITIES. (C) inform the person that if the person person has so failed. Section 1024(a) of the National Leadership changes residence to another State, the per- (10) RELEASE OF INFORMATION.— Act of 1988 (21 U.S.C. 1524(a)) is amended— son shall report the change of address as pro- (A) IN GENERAL.—The information col- (1) in paragraph (1), by adding ‘‘and’’ after vided by State law and comply with any reg- lected under a State registration program the semicolon; and istration requirement in the new State of under this section may be disclosed for any (2) by striking paragraphs (2) through (5), residence, and inform the person that the purpose permitted under the laws of the and inserting the following: person must also register in a State where State. ‘‘(2) $50,000,000 for each of the fiscal years the person is employed, carries on a voca- (B) PROTECTION OF THE PUBLIC.—The State 1999 through 2003, of which $10,000,000 in each tion, or is a student; or any agency authorized by the State shall June 4, 1998 CONGRESSIONAL RECORD — SENATE S5649 release relevant information that is nec- on the date on which the strategy is submit- ‘‘(II) high-risk populations, including essary to protect the public concerning a ted; school dropouts, the homeless and transient, specific person required to register under ‘‘(iii) 5-year projections for program and arrestees, parolees, probationers, and juve- this section. budget priorities; and nile delinquents; and (11) IMMUNITY FOR GOOD FAITH CONDUCT.— ‘‘(iv) a review of State, local, and private ‘‘(III) drug use in the workplace and the Law enforcement agencies, employees of law sector drug control activities to ensure that productivity lost by such use; enforcement agencies and independent con- the United States pursues well-coordinated ‘‘(ii) an assessment of the reduction of drug tractors acting at the direction of such agen- and effective drug control at all levels of availability against an ascertained baseline, cies, and State officials shall be immune government. as measured by— from liability for good faith conduct under a ‘‘(B) CLASSIFIED INFORMATION.—Any con- ‘‘(I) the quantities of cocaine, heroin, mari- State law under this section. tents of the National Drug Control Strategy juana, methamphetamine, and other drugs (12) FINGERPRINTS.—Each requirement to that involves information properly classified available for consumption in the United register under a State law under this section under criteria established by an Executive States; shall be deemed to also require the submis- order shall be presented to Congress sepa- ‘‘(II) the amount of marijuana, cocaine, sion of a set of fingerprints of the person re- rately from the rest of the Strategy. and heroin entering the United States; quired to register, obtained in accordance ‘‘(3) PROCESS FOR DEVELOPMENT AND SUB- ‘‘(III) the number of hectares of marijuana, with regulations prescribed by the Attorney MISSION.— poppy, and coca cultivated and destroyed; General under section 170102(h). ‘‘(A) CONSULTATION.—In developing and ef- ‘‘(IV) the number of metric tons of mari- (d) USE.—A State may only use a grant fectively implementing the National Drug juana, heroin, and cocaine seized; under subsection (a) to implement and en- Control Strategy, the Director— ‘‘(V) the number of cocaine and meth- force the law described in subsection (b). ‘‘(i) shall consult with— amphetamine processing laboratories de- (e) DEFINITION.—In this section, the term ‘‘(I) the heads of the National Drug Control stroyed; ‘‘offenses involving drug trafficking’’ means Program agencies; ‘‘(VI) changes in the price and purity of a criminal offense under Federal or applica- ‘‘(II) Congress; heroin and cocaine; ble State law relating to— ‘‘(III) State and local officials; ‘‘(VII) the amount and type of controlled (1) the distribution of illegal drugs to indi- ‘‘(IV) private citizens and organizations substances diverted from legitimate retail viduals under the age of 21 years; with experience and expertise in demand re- and wholesale sources; and (2) the distribution of manufacturing of il- duction; and ‘‘(VIII) the effectiveness of Federal tech- legal drugs in or near schools, colleges, uni- ‘‘(V) private citizens and organizations nology programs at improving drug detec- versities, or youth-centered recreational fa- with experience and expertise in supply re- tion capabilities in interdiction, and at cilities; or duction; and United States ports of entry; (3) any other activity relating to illegal ‘‘(ii) may require the National Drug Intel- ‘‘(iii) an assessment of the reduction of the drugs determined appropriate by the chief ligence Center and the El Paso Intelligence consequences of drug use and availability, executive officer of the State involved. Center to undertake specific tasks or which shall include estimation of— (f) AUTHORIZATION OF APPROPRIATIONS.— projects to implement the Strategy. ‘‘(I) the burden drug users placed on hos- ‘‘(B) INCLUSION IN STRATEGY.—The National There are authorized to be appropriate form pital emergency departments in the United Drug Control Strategy under this subsection, amounts made available from the Trust States, such as the quantity of drug-related and each report submitted under subsection Fund under section 401, $5,000,000 for each of services provided; (b), shall include a list of each entity con- the fiscal years 1999 through 2003. ‘‘(II) the annual national health care costs sulted under subparagraph (A)(i). Subtitle D—National Drug Control Strategy of drug use, including costs associated with ‘‘(4) MODIFICATION AND RESUBMITTAL.—Not- SEC. ll99C. DEVELOPMENT, SUBMISSION, IM- people becoming infected with the human withstanding any other provision of law, the PLEMENTATION, AND ASSESSMENT immunodeficiency virus and other infectious Director may modify a National Drug Con- OF NATIONAL DRUG CONTROL diseases as a result of drug use; trol Strategy submitted under paragraph (1) STRATEGY. ‘‘(III) the extent of drug-related crime and Section 1005 of the National Narcotics at any time. ‘‘(b) ANNUAL STRATEGY REPORT.— criminal activity; and Leadership Act of 1988 (21 U.S.C. 1504) is ‘‘(IV) the contribution of drugs to the un- amended to read as follows: ‘‘(1) IN GENERAL.—Not later than February 1, 1999, and on February 1 of each year there- derground economy, as measured by the re- ‘‘SEC. 1005. DEVELOPMENT, SUBMISSION, IMPLE- tail value of drugs sold in the United States; MENTATION, AND ASSESSMENT OF after, the President shall submit to Congress NATIONAL DRUG CONTROL STRAT- a report on the progress in implementing the ‘‘(iv) a determination of the status of drug EGY. Strategy under subsection (a), which shall treatment in the United States, by assess- ‘‘(a) TIMING, CONTENTS, AND PROCESS FOR include— ing— DEVELOPMENT AND SUBMISSION OF NATIONAL ‘‘(A) an assessment of the Federal effec- ‘‘(I) public and private treatment capacity DRUG CONTROL STRATEGY.— tiveness in achieving the Strategy goals and within each State, including information on ‘‘(1) TIMING.— objectives using the performance measure- the treatment capacity available in relation ‘‘(A) IN GENERAL.—Not later than October ment system described in subsection (c), in- to the capacity actually used; 1, 1998, the President shall submit to Con- cluding— ‘‘(II) the extent, within each State, to gress a National Drug Control Strategy, ‘‘(i) an assessment of drug use and avail- which treatment is available; which shall set forth a comprehensive 2-year ability in the United States; and ‘‘(III) the number of drug users the Direc- plan for reducing drug abuse and the con- ‘‘(ii) an estimate of the effectiveness of tor estimates could benefit from treatment; sequences of drug abuse in the United States, interdiction, treatment, prevention, law en- and by limiting the availability of and reducing forcement, and international programs under ‘‘(IV) the specific factors that restrict the the demand for illegal drugs. the National Drug Control Strategy in effect availability of treatment services to those ‘‘(B) 4-YEAR PLAN.—Not later than October during the preceding year, or in effect as of seeking it and proposed administrative or 1, 2001, and on October 1 of every fourth year the date on which the report is submitted; legislative remedies to make treatment thereafter, the President shall submit to ‘‘(B) any modifications of the Strategy or available to those individuals; and Congress a revised National Drug Control the performance measurement system de- ‘‘(v) a review of the research agenda of the Strategy, which shall set forth a comprehen- scribed in subsection (c); Counter-Drug Technology Assessment Cen- sive 4-year plan for reducing drug abuse and ‘‘(C) an assessment of how the budget pro- ter to reduce the availability and abuse of the consequences of drug abuse in the United posal submitted under section 1003(c) is in- drugs; and States, by limiting the availability of and tended to implement the Strategy and ‘‘(F) an assessment of private sector initia- reducing the demand for illegal drugs, and whether the funding levels contained in such tives and cooperative efforts between the shall include quantifiable 4-year perform- proposal are sufficient to implement such Federal Government and State and local ance objectives, targets, and measures for Strategy; governments for drug control. each National Drug Control Strategy goal ‘‘(D) beginning on February 1, 1999, and ‘‘(2) SUBMISSION OF REVISED STRATEGY.— and objective. every 2 years thereafter, measurable data The President may submit to Congress a re- ‘‘(2) CONTENTS.— evaluating the success or failure in achiev- vised National Drug Control Strategy that ‘‘(A) IN GENERAL.—The National Drug Con- ing the short-term measurable objectives de- meets the requirements of this section— trol Strategy submitted under paragraph (1) scribed in subsection (a)(2)(A)(ii); ‘‘(A) at any time, upon a determination by shall include— ‘‘(E) an assessment of current drug use (in- the President and the Director that the Na- ‘‘(i) comprehensive, research-based, long- cluding inhalants) and availability, impact tional Drug Control Strategy in effect is not range, quantifiable, goals for reducing drug of drug use, and treatment availability, sufficiently effective; and abuse and the consequences of drug abuse in which assessment shall include— ‘‘(B) if a new President or Director takes the United States; ‘‘(i) estimates of drug prevalence and fre- office. ‘‘(ii) short-term measurable objectives to quency of use as measured by national, ‘‘(c) PERFORMANCE MEASUREMENT SYS- accomplish long-term quantifiable goals that State, and local surveys of illicit drug use TEM.— the Director determines may be realistically and by other special studies of— ‘‘(1) IN GENERAL.—Not later than October 1, achieved during the 2-year period beginning ‘‘(I) casual and chronic drug use; 1998, the Director shall submit to Congress a S5650 CONGRESSIONAL RECORD — SENATE June 4, 1998

description of the national drug control per- (B) State retail licensing activities under (1) IN GENERAL.—Not later than March 31 formance measurement system, designed in section 251; each year, the Director of Central Intel- consultation with affected National Drug (C) anti-Smuggling activities under section ligence and the Director of the Federal Bu- Control Program agencies, that— 1141; and reau of Investigation, jointly and in con- ‘‘(A) develops performance objectives, (5) carrying out education and prevention sultation with the heads of other appropriate measures, and targets for each National relating to drugs under this title. Federal agencies (including the Departments Drug Control Strategy goal and objective; f of Defense, Justice, Treasury, and State), ‘‘(B) revises performance objectives, meas- shall submit to the Members of Congress re- ures, and targets, to conform with National THE NATIONAL DEFENSE AUTHOR- ferred to in paragraph (2) a report on the in- Drug Control Program Agency budgets; IZATION ACT FOR FISCAL YEAR telligence activities of the People’s Republic ‘‘(C) identifies major programs and activi- 1999 of China directed against or affecting the in- ties of the National Drug Control Program terests of the United States. agencies that support the goals and objec- (2) SUBMITTAL.—Each report under para- tives of the National Drug Control Strategy; ABRAHAM AMENDMENTS NOS. graph (1) shall be submitted to the following: (A) The Majority leader and Minority lead- ‘‘(D) evaluates implementation of major 2452–2456 program activities supporting the National er of the Senate. (B) The chairman and ranking member of Drug Control Strategy developed under sec- (Ordered to lie on the table.) the Select Committee on Intelligence of the tion 1005; Mr. ABRAHAM submitted five Senate. ‘‘(E) monitors consistency between the amendments intended to be proposed by him to the bill, S. 2057, supra; as fol- (C) The Speaker and Minority leader of the drug-related goals and objectives of the Na- House of Representatives. tional Drug Control Program agencies and lows: (D) The chairman and ranking member of ensures that drug control agency goals and AMENDMENT NO. 2452 the Permanent Select Committee on Intel- budgets support and are fully consistent At the appropriate place, insert the follow- ligence of the House of Representatives. with the National Drug Control Strategy; ing section: (3) FORM.—Each report shall be submitted and SEC. . US FORCE LEVELS IN ASIA. in unclassified form, but may include a clas- ‘‘(F) coordinates the development and im- (a) SENSE OF CONGRESS.—It is the Sense of sified annex. plementation of national drug control data Congress that the current force levels in the (b) CONTENTS OF REPORTS.—Each report collection and reporting systems to support Pacific Command Theater of Operations are under subsection (a) shall include informa- policy formulation and performance meas- necessary to the fulfillment of that com- tion concerning the following: urement, including an assessment of— mand’s military mission, and are vital to (1) Political and military espionage. ‘‘(i) the quality of current drug use meas- continued peace and stability in the region. (2) Intelligence activities designed to gain urement instruments and techniques to Any reductions in those force levels should political influence, including activities un- measure supply reduction and demand reduc- only be done in close consultation with Con- dertaken or coordinated by the United Front tion activities; gress and with a clear understanding of their Work Department of the Chinese Communist ‘‘(ii) the adequacy of the coverage of exist- impact upon the United States’ ability to Party. ing national drug use measurement instru- fulfill its current treaty obligations with (3) Efforts to gain direct or indirect influ- ments and techniques to measure the casual other states in the region, as well as to the ence through commercial or noncommercial drug user population and groups that are at continued ability of the United States to intermediaries subject to control by the Peo- risk for drug use; and deter potential aggression in the region. ple’s Republic of China, including enterprises ‘‘(iii) the actions the Director shall take to (b) ANNUAL NATIONAL SECURITY STRATEGY controlled by the People’s Liberation Army. (4) Disinformation and press manipulation correct any deficiencies and limitations REPORT REQUIREMENT.—The Annual National by the People’s Republic of China with re- identified pursuant to subparagraphs (A) and Security Strategy Report as required by Sec- spect to the United States, including activi- (B) of subsection (b)(4). tion 603 of Public Law 99–433 should provide ties undertaken or coordinated by the United ‘‘(2) MODIFICATIONS.—A description of any specific information as to the adequacy of Front Department of the Chinese Communist modifications made during the preceding the capabilities of the United States armed Party. year to the national drug control perform- forces to support the implementation of the national security strategy as it relates to ance measurement system described in para- AMENDMENT NO. 2455 graph (1) shall be included in each report the People’s Republic of China. At the appropriate place, insert the follow- submitted under subsection (b).’’. AMENDMENT NO. 2453 ing section: SEC. ll99D. REPORT BY PRESIDENT. SEC. . SANCTIONS REGARDING CHINA NORTH Not later than October 1, 1998, and every At the appropriate place, insert the follow- ing section: INDUSTRIES GROUP, CHINA POLY April 1 and October 1 thereafter, the Presi- GROUP, AND CERTAIN OTHER ENTI- SEC. . ENFORCEMENT OF IRAN-IRAQ ARMS NON- dent shall prepare and submit to the appro- TIES AFFILIATED WITH THE PEO- PROLIFERATION ACT WITH RESPECT priate committees of Congress a report on PLE’S LIBERATION ARMY. TO THE PEOPLE’S REPUBLIC OF the prevalence of the use of any illegal drugs CHINA. (a) FINDING; PURPOSE.— (1) FUNDING.—Congress finds that, in May by youth between the ages of 12 and 17. (a) STATEMENT OF POLICY.—It shall be the Subtitle E—Miscellaneous Provisions policy of the United States that— 1996, United States authorities caught rep- resentatives of the People’s Liberation Army SEC. ll99E. LIMITATIONS ON FUNDING. (1) the delivery of 60 C–802 cruise missiles enterprise, China Poly Group, and the civil- (b) IN GENERAL.—Notwithstanding section by the China National Precision Machinery ian defense industrial company, China North 451(b), amounts in the Public Health Account Import Export Corporation to Iran poses a Industries Group, attempting to smuggle shall be available to the extent and only in new, direct threat to deployed United States 2,000 AK–47s into Oakland, California, and of- the amounts provided in advance in appro- forces in the Middle East and materially fering to sell to Federal undercover agents priations Acts, to remain available until ex- contributed to the efforts of Iran to acquire 300,000 machine guns with silencers, 66-milli- pended, only for the purposes of— destabilizing numbers and types of advanced meter mortars, hand grenades, and ‘Red Par- (1) carrying out smoking cessation activi- conventional weapons; and akeet’ surface-to-air missiles, which, as stat- ties under part D of title XIX of the Public (2) the delivery is a violation of the Iran- ed in the criminal complaint against one of Health Service Act, as added by title II of Iraq Arms Non-Proliferation Act of 1992 (50 those representatives, ‘‘* * * could take out this Act; U.S.C. 1701 note). (b) IMPLEMENTATION OF SANCTIONS.— a 747’’ aircraft. (2) carrying out activities under section (1) REQUIREMENT.—The President shall im- (2) PURPOSE.—The purpose of this section 453; pose on the People’s Republic of China the is to impose targeted sanctions against enti- (3) carrying out— mandatory sanctions set forth in paragraphs ties affiliated with the People’s Liberation (A) counter-advertising activities under (3), (4), and (5) of section 1605(b) of the Iran- Army that engage in the proliferation of section 1982 of the Public Health Service Act Iraq Arms Non-Proliferation Act of 1992. weapons of mass destruction, the importa- as amended by this Act; (2) NONAVAILABILITY OF WAIVER.—For pur- tion of illegal weapons or firearms into the (B) smoking prevention activities under poses of this section, the President shall not United States, or espionage in the United section 223; have the authority contained in section 1606 States. (C) surveys under section 1991C of the Pub- of the Iran-Iraq Arms Non-Proliferation Act (b) SANCTIONS AGAINST CERTAIN PLA AF- lic Health Service Act, as added by this Act of 1992 to waive the sanctions required under FILIATES.— (but, in no fiscal year may the amounts used paragraph (1). (1) SANCTIONS.—Except as provided in para- to carry out such surveys be less than 10 per- graph (2) and subject to paragraph (3), the cent of the amounts available under this sub- AMENDMENT NO. 2454 President shall— section); and At the appropriate place, insert the follow- (A) prohibit the importation into the (D) international activities under section ing section: United States of all products that are pro- 1132; SEC. . ANNUAL REPORTS ON INTELLIGENCE AC- duced, grown, or manufactured by a covered (4) carrying out— TIVITIES OF THE PEOPLE’S REPUB- entity, the parent company of a covered en- (A) Food and Drug Administration activi- LIC OF CHINA. tity, or any affiliate, subsidiary, or successor ties; (a) REPORTS.— entity of a covered entity; June 4, 1998 CONGRESSIONAL RECORD — SENATE S5651 (B) direct the Secretary of State and the in a report under subsection (d), on the date are listed for control by the Nuclear Suppli- Attorney General to deny or impose restric- that is one year after the date on which the ers Group. tions on the entry into the United States of entity is identified in such report. (5) FINISHED PRODUCT.—The term ‘‘finished any foreign national serving as an officer, di- (c) COVERED ENTITIES.—For purposes of product’’ means any article that is usable for rector, or employee of a covered entity or subsection (b), a covered entity is any of the its intended function without being embed- other entity described in subparagraph (A); following: ded in or integrated into any other product, (C) prohibit the issuance to a covered en- (1) China North Industries Group. but does not include an article produced by tity or other entity described in subpara- (2) China Poly Group, also known as a person or entity other than a covered en- graph (A) of licenses in connection with the Polytechnologies Incorporated or BAOLI. tity or other entity described in subsection export of any item on the United States Mu- (3) Any affiliate of the People’s Liberation (b)(1)(A) that contains parts or components nitions List; Army identified in a report of the Director of of such an entity if the parts or components (D) prohibit the export to a covered entity Central Intelligence under subsection (d)(1). have been substantially transformed during or other entity described in subparagraph (A) (4) Any affiliate of the People’s Liberation production of the finished product. of any goods or technology on which export Army identified in a report of the Director of (6) INVESTMENT.—The term ‘‘investment’’ controls are in effect under section 5 or 6 of the Federal Bureau of Investigation under includes any contribution or commitment of the Export Administration Act of 1979; subsection (d)(2). funds, commodities, services, patents, proc- (E) direct the Export-Import Bank of the (d) REPORTS ON ACTIVITIES OF PLA AFFILI- esses, or techniques, in the form of— United States not to give approval to the ATES.— (A) a loan or loans; issuance of any guarantee, insurance, exten- (1) TRANSFERS OF SENSITIVE ITEMS AND (B) the purchase of a share of ownership; sion of credit, or participation in the exten- TECHNOLOGIES.—Not later than 30 days after (C) participation in royalties, earnings, or sion of credit with respect to a covered en- the date of enactment of this Act and annu- profits; and tity or other entity described in subpara- ally thereafter through 2002, the Director of (D) the furnishing of commodities or serv- graph (A); Central Intelligence shall submit to the ap- ices pursuant to a lease or other contract, (F) prohibit United States nationals from propriate members of Congress a report that but does not include routine maintenance of directly or indirectly issuing any guarantee identifies each entity owned wholly or in property. for any loan or other investment to, issuing part by the People’s Liberation Army which, (7) MTCR ANNEX.—The term ‘‘MTCR any extension of credit to, or making any in- during the 2-year period ending on the date Annex’’ has the meaning given that term in vestment in a covered entity or other entity of the report, transferred to any other entity section 74(4) of the Arms Export Control Act described in subparagraph (A); and a controlled item for use in the following: (22 U.S.C. 2797c(4)). (G) prohibit the departments and agencies (A) Any item listed in category I or cat- (8) UNITED STATES NATIONAL.— of the United States and United States na- egory II of the MTCR Annex. (A) IN GENERAL.—The term ‘‘United States (B) Activities to develop, produce, stock- tionals from entering into any contract with national’’ means— pile, or deliver chemical or biological weap- a covered entity or other entity described in (i) any United States citizen; and ons. (ii) any corporation, partnership, or other subparagraph (A) for the procurement or (C) Nuclear activities in countries that do other provision of goods or services from organization created under the laws of the not maintain full-scope International Atom- United States, any State, the District of Co- such entity. ic Energy Agency safeguards or equivalent (2) EXCEPTIONS.— lumbia, or any territory or possession of the full-scope safeguards. (A) IN GENERAL.—The President shall not United States. (2) ILLEGAL ACTIVITIES IN THE UNITED impose sanctions under this subsection— (B) EXCEPTION.—The term ‘‘United States STATES.—Not later than 30 days after the (i) in the case of the procurement of de- national’’ does not include a subsidiary or af- date of enactment of this Act and annually fense articles or defense services— filiate of corporation, partnership, or organi- thereafter through 2002, the Director of the (I) under contracts or subcontracts that zation that is a United States national if the Federal Bureau of Investigation shall submit are in effect on October 1, 1998 (including the subsidiary or affiliate is located outside the to the appropriate members of Congress a re- exercise of options for production quantities United States. port that identifies each entity owned whol- to satisfy United States operational military ly or in part by the People’s Liberation requirements); AMENDMENT NO. 2456 (II) if the President determines that the Army which, during the 2-year period ending Add at the end the following new titles: on the date of the report, attempted to— person or entity to whom the sanctions ll (A) illegally import weapons or firearms TITLE —MONITORING OF HUMAN would otherwise be applied is a sole source into the United States; or RIGHTS ABUSES IN CHINA supplier of essential defense articles or serv- (B) engage in military intelligence collec- SEC. ll. SHORT TITLE. ices and no alternative supplier can be iden- tion or espionage in the United States under This title may be cited as the ‘‘Political tified; or the cover of commercial business activity. Freedom in China Act of 1998’’. (III) if the President determines that such (3) FORM.—Each report under this sub- ll articles or services are essential to the na- SEC. . FINDINGS. section shall be submitted in classified form. Congress makes the following findings: tional security; or (e) DEFINITIONS.—In this section: (ii) in the case of— (1) Congress concurs in the following con- (1) AFFILIATE.—The term ‘‘affiliate’’ does clusions of the United States State Depart- (I) products or services provided under con- not include any United States national en- tracts or binding agreements (as such terms ment on human rights in the People’s Repub- gaged in a business arrangement with a cov- lic of China in 1996: are defined by the President in regulations) ered entity or other entity described in sub- or joint ventures entered into before October (A) The People’s Republic of China is ‘‘an section (b)(1)(A). authoritarian state’’ in which ‘‘citizens lack 1, 1998; (2) APPROPRIATE MEMBERS OF CONGRESS.— the freedom to peacefully express opposition (II) spare parts; The term ‘‘appropriate members of congress’’ to the party-led political system and the (III) component parts that are not finished means the following: right to change their national leaders or products but are essential to United States (A) The Majority leader and Minority lead- form of government’’. products or production; er of the Senate. (IV) routine servicing and maintenance of (B) The chairmen and ranking members of (B) The Government of the People’s Repub- products; or the Committee on Foreign Relations and the lic of China has ‘‘continued to commit wide- (V) information and technology products Committee on Armed Services of the Senate. spread and well-documented human rights and services. (C) The Speaker and Minority leader of the abuses, in violation of internationally ac- (B) IMMIGRATION RESTRICTIONS.—The Presi- House of Representatives. cepted norms, stemming from the authori- dent shall not apply the restrictions de- (D) The chairmen and ranking members of ties’ intolerance of dissent, fear of unrest, scribed in paragraph (1)(B) to a person de- the Committee on International Relations and the absence or inadequacy of laws pro- scribed in that paragraph if the President, and the Committee on National Security of tecting basic freedoms’’. after consultation with the Attorney Gen- the House of Representatives. (C) ‘‘[a]buses include torture and mistreat- eral, determines that the presence of the per- (3) COMPONENT PART.—The term ‘‘compo- ment of prisoners, forced confessions, and ar- son in the United States is necessary for a nent part’’ means any article that is not usa- bitrary and incommunicado detention’’. Federal or State judicial proceeding against ble for its intended function without being (D) ‘‘[p]rison conditions remained harsh a covered entity or other entity described in embedded or integrated into any other prod- [and] [t]he Government continued severe re- paragraph (1)(A). uct and, if used in the production of a fin- strictions on freedom of speech, the press, (3) TERMINATION.—The sanctions under this ished product, would be substantially trans- assembly, association, religion, privacy, and subsection shall terminate as follows: formed in that process. worker rights’’. (A) In the case of an entity referred to in (4) CONTROLLED ITEM.—The team ‘‘con- (E) ‘‘[a]lthough the Government denies paragraph (1) or (2) of subsection (c), on the trolled item’’ means the following: that it holds political prisoners, the number date that is one year after the date of enact- (A) Any item listed in the MTCR Annex. of persons detained or serving sentences for ment of this Act. (B) Any item listed for control by the Aus- ‘counterrevolutionary crimes’ or ‘crimes (B) In the case of an entity that becomes a tralia Group. against the state’, or for peaceful political or covered entity under paragraph (3) or (4) of (C) Any item relevant to the nuclear fuel religious activities are believed to number in subsection (c) by reason of its identification cycle of nuclear explosive applications that the thousands’’. S5652 CONGRESSIONAL RECORD — SENATE June 4, 1998 (F) ‘‘[n]onapproved religious groups, in- SEC. ll. AUTHORIZATION OF APPROPRIATIONS (1) the Government of the People’s Repub- cluding Protestant and Catholic groups * * * FOR ADDITIONAL PERSONNEL AT lic of China should stop the practice of har- experienced intensified repression’’. DIPLOMATIC POSTS TO MONITOR vesting and transplanting organs for profit (G) ‘‘[s]erious human rights abuses persist HUMAN RIGHTS IN THE PEOPLE’S from prisoners that it executes; REPUBLIC OF CHINA. in minority areas, including Tibet, Xinjiang, (2) the Government of the People’s Repub- There are authorized to be appropriated to and Inner Mongolia[, and] [c]ontrols on reli- lic of China should be strongly condemned support personnel to monitor political re- gion and on other fundamental freedoms in for such organ harvesting and transplanting pression in the People’s Republic of China in these areas have also intensified’’. practice; the United States Embassies in Beijing and (H) ‘‘[o]verall in 1996, the authorities (3) the President should bar from entry Kathmandu, as well as the American con- stepped up efforts to cut off expressions of into the United States any and all officials sulates in Guangzhou, Shanghai, Shenyang, protest or criticism. All public dissent of the Government of the People’s Republic Chengdu, and Hong Kong, $2,200,000 for fiscal against the party and government was effec- of China known to be directly involved in year 1999 and $2,200,000 for fiscal year 2000. tively silenced by intimidation, exile, the such organ harvesting and transplanting ll imposition of prison terms, administrative SEC. . DEMOCRACY BUILDING IN CHINA. practice; detention, or house arrest. No dissidents (a) AUTHORIZATION OF APPROPRIATIONS FOR (4) individuals determined to be participat- were known to be active at year’s end.’’. NED.—In addition to such sums as are other- ing in or otherwise facilitating the sale of (2) In addition to the State Department, wise authorized to be appropriated for the such organs in the United States should be credible independent human rights organiza- ‘‘National Endowment for Democracy’’ for prosecuted to the fullest possible extent of tions have documented an increase in repres- fiscal years 1999 and 2000, there are author- the law; and sion in China during 1995, and effective de- ized to be appropriated for the ‘‘National En- (5) the appropriate officials in the United struction of the dissident movement through dowment for Democracy’’ $4,000,000 for fiscal States should interview individuals, includ- the arrest and sentencing of the few remain- year 1999 and $4,000,000 for fiscal year 2000, ing doctors, who may have knowledge of ing pro-democracy and human rights activ- which shall be available to promote democ- such organ harvesting and transplanting ists not already in prison or exile. racy, civil society, and the development of practice. the rule of law in China. (3) Among those were Li Hai, sentenced to f 9 years in prison on December 18, 1996, for (b) EAST ASIA-PACIFIC REGIONAL DEMOC- gathering information on the victims of the RACY FUND.—The Secretary of State shall NATIONAL TOBACCO POLICY AND 1989 crackdown, which according to the use funds available in the East Asia-Pacific YOUTH SMOKING REDUCTION ACT court’s verdict constituted ‘‘state secrets’’; Regional Democracy Fund to provide grants Liu Nianchun, an independent labor orga- to nongovernmental organizations to pro- nizer, sentenced to 3 years of ‘‘re-education mote democracy, civil society, and the devel- CHAFEE AMENDMENT NO. 2457 opment of the rule of law in China. through labor’’ on July 4, 1996, due to his ac- Mr. CHAFEE submitted an amend- tivities in connection with a petition cam- SEC. ll. HUMAN RIGHTS IN CHINA. paign calling for human rights reforms; and (a) REPORTS.—Not later than March 30, ment intended to be proposed by him Ngodrup Phuntsog, a Tibetan national, who 1999, and each subsequent year thereafter, to the bill, S. 1415, supra; as follows: was arrested in Tibet in 1987 immediately the Secretary of State shall submit to the At the appropriate place in title V, insert after he returned from a 2-year trip to India, International Relations Committee of the the following: where the Tibetan government in exile is lo- House of Representatives and the Foreign SEC. lll. EDUCATION AND OUTREACH. cated, and following a secret trial was con- Relations Committee of the Senate an an- (a) NATIONAL EDUCATION AND OUTREACH victed by the Government of the People’s Re- nual report on human rights in China, in- CAMPAIGN.—The Administrator shall use public of China of espionage on behalf of the cluding religious persecution, the develop- amounts made available under subsection ‘‘Ministry of Security of the Dalai clique’’. ment of democratic institutions, and the (c)(1) in each fiscal year to establish a na- (4) Many political prisoners are suffering rule of law. Reports shall provide informa- tional education and outreach campaign re- from poor conditions and ill-treatment lead- tion on each region of China. lating to the effect on individuals of expo- ing to serious medical and health problems, (b) PRISONER INFORMATION REGISTRY.—The sure to tobacco smoke and ways to minimize including— Secretary of State shall establish a Prisoner such exposure. In establishing such cam- (A) Gao Yu, a journalist sentenced to 6 Information Registry for China which shall paign, the Administrator shall— years in prison in November 1994 and hon- provide information on all political pris- (1) focus on children’s exposure to environ- ored by UNESCO in May 1997, has a heart oners, prisoners of conscience, and prisoners mental tobacco smoke in the home; and condition; and of faith in China. Such information shall in- (2) coordinate activities with the Secretary (B) Chen Longde, a leading human rights clude the charges, judicial processes, admin- of Health and Human Services and other advocate now serving a 3-year reeducation istrative actions, use of forced labor, Federal agencies as determined appropriate through labor sentence imposed without incidences of torture, length of imprison- by the Administrator. trial in August 1995, has reportedly been sub- ment, physical and health conditions, and (b) PEER REVIEW.—The Administrator shall ject to repeated beatings and electric shocks other matters related to the incarceration of use amounts made available under sub- at a labor camp for refusing to confess his such prisoners in China. The Secretary of section (c)(2) in each fiscal year to carry out guilt. State is authorized to make funds available research, and provide for peer review studies (5) The People’s Republic of China, as a to nongovernmental organizations presently of research, related to the exposure of indi- member of the United Nations, is expected to engaged in monitoring activities regarding viduals to environmental tobacco smoke. abide by the provisions of the Universal Dec- Chinese political prisoners to assist in the (c) FUNDING.—There shall be made avail- laration of Human Rights. creation and maintenance of the registry. able from the Public Health Allocation Ac- (6) The People’s Republic of China is a SEC. ll. SENSE OF CONGRESS CONCERNING ES- count established under section 451(b) to the party to numerous international human TABLISHMENT OF A COMMISSION Administrator— rights conventions, including the Convention ON SECURITY AND COOPERATION IN (1) $50,000,000 for each of the fiscal years Against Torture and Other Cruel, Inhuman ASIA. 1999 through 2003 to carry out subsection (a); or Degrading Treatment or Punishment. It is the sense of Congress that Congress, and the President, and the Secretary of State SEC. ll. CONDUCT OF FOREIGN RELATIONS. (2) $5,000,000 for each of the fiscal years 1999 should work with the governments of other (a) RELEASE OF PRISONERS.—The Secretary through 2003 to carry out subsection (b). countries to establish a Commission on Se- of State, in all official meetings with the f Government of the People’s Republic of curity and Cooperation in Asia which would China, should request the immediate and un- be modeled after the Commission on Secu- NOTICE OF HEARING rity and Cooperation in Europe. conditional release of Ngodrup Phuntsog and SUBCOMMITTEE ON NATIONAL PARKS, HISTORIC ll other prisoners of conscience in Tibet, as SEC. . SENSE OF CONGRESS REGARDING DE- PRESERVATION AND RECREATION well as in the People’s Republic of China. MOCRACY IN HONG KONG. Mr. THOMAS. Mr. President, I would It is the sense of Congress that the people (b) ACCESS TO PRISONS.—The Secretary of like to announce for the information of State should seek access for international of Hong Kong should continue to have the humanitarian organizations to Drapchi pris- right and ability to freely elect their legisla- the Senate and the public that a hear- on and other prisons in Tibet, as well as in tive representatives, and that the procedure ing has been scheduled before the Sub- the People’s Republic of China, to ensure for the conduct of the elections of the legis- committee on National Parks, Historic that prisoners are not being mistreated and lature of the Hong Kong Special Administra- Preservation, and Recreation. are receiving necessary medical treatment. tive Region should be determined by the peo- The hearing will take place on June (c) DIALOGUE ON FUTURE OF TIBET.—The ple of Hong Kong through an election law 18, 1998 at 2:00 p.m. in room SD–366 of Secretary of State, in all official meetings convention, a referendum, or both. the Dirksen Senate Office Building in with the Government of the People’s Repub- SEC. ll. SENSE OF CONGRESS RELATING TO Washington, DC. lic of China, should call on that country to ORGAN HARVESTING AND TRANS- begin serious discussions with the Dalai PLANTING IN THE PEOPLE’S REPUB- The purpose of this hearing is to re- Lama or his representatives, without pre- LIC OF CHINA. ceive testimony on S. 469, a bill to des- conditions, on the future of Tibet. It is the sense of Congress that— ignate a portion of the Sudbury, June 4, 1998 CONGRESSIONAL RECORD — SENATE S5653 Assabet, and Concord Rivers as a com- ministration’s response to GAO’s com- The PRESIDING OFFICER. Without ponent of the National Wild And Scenic ments. objection, it is so ordered. Rivers System; S. 1016, a bill to author- The PRESIDING OFFICER. Without SUBCOMMITTEE ON OVERSIGHT OF GOVERNMENT ize appropriations for the Coastal Her- objection, it is so ordered. MANAGEMENT, RESTRUCTURING, AND THE DIS- itage Trail Route in New Jersey, and COMMITTEE ON SMALL BUSINESS TRICT OF COLUMBIA for other purposes; S. 1665, a bill to re- Mr. GRAMM. Mr. President, I ask Mr. GRAMM. Mr. President, I ask authorize the Delaware and Lehigh unanimous consent that the Commit- unanimous consent on behalf of the Navigation Canal National Heritage tee on Small Business be authorized to Governmental Affairs Subcommittee Corridor Act, and for other purposes; S. meet during the session of the Senate on Oversight of Government Manage- 2039, a bill to amend the National for a hearing entitled ‘‘Oversight of the ment, Restructuring, and the District Trails System Act to designate El Ca- Small Business Innovation Research of Columbia to meet on Thursday, June mino Real de Tierra Adentro as a Na- (SBIR) Program.’’ The hearing will 4, 1998, at 10 a.m. for a hearing on tional Historic Trail; and, H.R. 2186, a begin at 10 a.m. on Thursday, June 4, ‘‘Competition for Commercial Activi- bill to authorize the Secretary of the 1998, in room 428A Russell Senate Of- ties in the Federal Government’’. Interior to provide assistance to the fice Building. The PRESIDING OFFICER. Without National Historic Trails Interpretive The PRESIDING OFFICER. Without objection, it is so ordered. Center in Casper, Wyoming. objection, it is so ordered. f Because of the limited time available SELECT COMMITTEE ON INTELLIGENCE ADDITIONAL STATEMENTS for the hearing, witnesses may testify Mr. GRAMM. Mr. President, I ask by invitation only. However, those unanimous consent that the Select wishing to submit written testimony Committee on Intelligence be author- IMPORTANCE OF SENATE ACTION for the hearing record should send two ized to meet during the session of the ON THE COMPREHENSIVE TEST copies of their testimony to the Sub- Senate on Thursday, June 4, 1998 at 10 BAN TREATY committee on National Parks, Historic a.m. to hold a closed hearing on Intel- Preservation and Recreation, Commit- ∑ Mr. JOHNSON. Mr. President, like ligence matters. many of my colleagues I am deeply tee on Energy and Natural Resources, The PRESIDING OFFICER. Without United States Senate, 364 Dirksen Sen- concerned about the recent nuclear objection, it is so ordered. tests conducted by India and Pakistan. ate Office Building, Washington, DC SUBCOMMITTEE ON AVIATION 20510–6150. The leaders of these two nations acted Mr. GRAMM. Mr. President, I ask with disregard and both countries must For further information, please con- unanimous consent that the Aviation tact Darlene Koontz of the Subcommit- be shown that such actions are unac- Subcommittee of the Senate Commit- ceptable. No nation should think that tee staff at (202) 224–7555 or Shawn Tay- tee on Commerce, Science, and Trans- lor at (202) 224–6969. it can conduct secret nuclear tests and portation be authorized to meet on not be held accountable. The United f Thursday, June 4, 1998, at 2:15 p.m. on States and the international commu- AUTHORITY FOR COMMITTEES TO Airline Alliances. nity will continue to impose sanctions The PRESIDING OFFICER. Without MEET on both countries, causing further eco- objection, it is so ordered. nomic hardship for these impoverished COMMITTEE ON ARMED SERVICES SUBCOMMITTEE ON COMMUNICATIONS populations. However, I believe we can Mr. GRAMM. Mr. President, I ask Mr. GRAMM. Mr. President, I ask do much more to prevent further test- unanimous consent that the Commit- unanimous consent that the Commu- ing. tee on Armed Services be authorized to nications Subcommittee of the Senate India and Pakistan are two of the meet at 10 a.m. on Thursday, June 4, Committee on Commerce, Science, and three nations who were suspected of 1998, in open/closed session, to receive Transportation be authorized to meet having nuclear capability which had testimony on the future threats to the on Thursday, June 4, 1998, at 9:30 a.m. not joined the Comprehensive Test Ban Department of Defense information on Oversight of the Cable Services Bu- Treaty (CTBT). Now, both countries systems, including the year 2000 prob- reau. should be pressured to sign the treaty lems and the sale of the frequency The PRESIDING OFFICER. Without immediately. In Tuesday’s New York spectrum. objection, it is so ordered. Times, Stanford Professor Sidney Drell The PRESIDING OFFICER. Without SUBCOMMITTEE ON FORESTS AND PUBLIC LAND stated a compelling argument for objection, it is so ordered. MANAGEMENT United States ratification of the CTBT, COMMITTEE ON ARMED SERVICES Mr. GRAMM. Mr. President, I ask and I ask that the attached article be Mr. GRAMM. Mr. President, I ask unanimous consent that the Sub- printed in the RECORD at the conclu- unanimous consent that the Commit- committee on Forests and Public Land sion of my remarks. I agree with tee on Armed Services be authorized to Management of the Committee on En- Drell’s sentiment that, rather than meet at 2 p.m. on Thursday, June 4, ergy and Natural Resources be granted pointing to India’s and Pakistan’s tests 1998, in open session, to receive testi- permission to meet during the session as reason for inaction, the Senate mony on U.S. forces participating in of the Senate on Thursday, June 4, for should immediately take up and ap- NATO operations in Bosnia and purposes of conducting a subcommittee prove the treaty. I feel strongly that progress in achieving benchmarks in hearing which is scheduled to begin at Senate ratification would make our ef- the civil implementation of the Dayton 2 p.m. The purpose of this hearing is to forts to dissuade India and Pakistan Agreement. receive testimony on S.1253, the Public from an arms race much more credible, The PRESIDING OFFICER. Without Land Management Act of 1997. and would send a message to any other objection, it is so ordered. The PRESIDING OFFICER. Without nations considering tests of their own. COMMITTEE ON ENERGY AND NATURAL objection, it is so ordered. Of course, the US and the international RESOURCES SUBCOMMITTEE ON HOUSING OPPORTUNITY AND community should concentrate on fa- Mr. GRAMM. Mr. President, I ask COMMUNITY DEVELOPMENT cilitating the dialog necessary between unanimous consent that the Commit- Mr. GRAMM. Mr. President, I ask Indian and Pakistan to diffuse the tee on Energy and Natural Resources unanimous consent that the Sub- points of contention currently driving be granted permission to meet during committee on Housing Opportunity this arms race, and ratification of the the session of the Senate on Thursday, and Community Development of the CTBT will help to shift that focus. June 4, for purposes of conducting a Committee on Banking, Housing, and Additionally, the best way for India full committee hearing which is sched- Urban Affairs be authorized to meet and Pakistan to address the sanctions uled to begin at 9:30 a.m. The purpose during the sessions of the Senate on resulting from their irresponsible nu- of this oversight hearing is to receive Thursday, June 4, 1998, to conduct an clear tests is to sign the CTBT, with- GAO’s preliminary comments on its re- oversight hearing on the Programs and out conditions. Instead of spending view of the Administration’s Climate Operations of the Federal Housing Ad- scarce resources on a nuclear arms Change Proposal and to hear the Ad- ministration (FHA). race, we must convince the leadership S5654 CONGRESSIONAL RECORD — SENATE June 4, 1998 of both countries to rebuild their I know from my own work for the Director ways that few other conflicts can: I am economies and improve the standard of of Central Intelligence, George Tenet, that speaking of the conflict in the Republic living for the people, something that the existing monitoring system did the job of Georgia in the distant but strategi- last summer, detecting a ‘‘seismic event’’ off obviously has not been the case for ei- Novaya Zemlya in Russia and eventually cally critical region of Abkazia. ther India or Pakistan. Urging them to helping to determine that it was not from a And yet the stability in independent sign the treaty would be one step in nuclear test. Our intelligence services are Georgia is one of the principal US in- the right direction. Treaty ratification rightly assigned the task of monitoring for terests in the former USSR and should is also a necessary step for restricting nuclear explosions, with or without the trea- be one of our overriding strategic the flow of nuclear technology, from ty. But with the treaty, additional sensors goals. This is not just sentiment for these emerging nuclear powers and na- would be deployed in a global network that one of the earliest Christian civiliza- tions worldwide. would complement our own intelligence. tions in a part of the world where Some of these additional sensors would be I urge Senator LOTT to take up con- ‘‘aimed’’ at the subcontinent. And with the Christian civilizations do not thrive: sideration of the Comprehensive Test treaty, we could request onsite inspection of rather it is a clear statement of our Ban Treaty, and I urge all of my Sen- suspicious activities. own strategic interest and objectives. ate colleagues to vote for a ban on nu- The test ban treaty—which has already Georgia is a NATO borderland and an clear testing by the United States. The been signed by 149 nations and ratified by entry point to the emerging new Silk United States must lead by example. our nuclear allies, Britain and France—pro- Road. It is a key ally of our partner We did not do enough to prevent the vides the legal framework for a long-term so- Turkey and is important in many lution to the problem of nuclear testing in nuclear tests by India or Pakistan, and India and Pakistan. The best way for these ways: strategically, militarily, com- now we must do more to ensure that two nations to begin addressing the inter- mercially. If Georgia were to become further testing is halted in South Asia national condemnation and sanctions that unstable, the entire region would be and throughout the world. President have resulted from their tests is for them to put in jeopardy. Clinton is scheduled to travel to China sign the treaty, without condition. Senate Against overwhelming odds, Georgia and South Asia later this year. I be- ratification would strengthen our hand in has achieved strong positive economic lieve such a diplomatic mission is ex- pushing India and Pakistan toward a respon- growth in the last few years. It is one sible course, and it would help dissuade other of the most stable of the post-Soviet tremely timely and must include visits states from going down the dangerous road to China, India and Pakistan for the of developing nuclear weapons. states, with world-class leadership in distinct purpose of discussing global se- Senator Lott also expressed concern that President Eduard Shevardnadze. It is curity in light of the round of nuclear the treaty ‘‘will not enter into force unless America’s natural ally in a neighbor- capacity testing in the region. I en- 44 countries, including India and Pakistan, hood that features Iran and Iraq. courage my Senate colleagues to sup- ratify it.’’ Precisely for this reason, Article Georgia is central to the successful port the President in this endeavor. 14 of the treaty calls for a review conference development of what the new Silk in September 1999 to look for ways to put the Road from Central Europe to China. The article follows: treaty into effect if it has not been approved [From the New York Times, June 2, 1998] by all 44 nuclear-capable nations (i.e., those This ambitious project will eventually REASONS TO RATIFY, NOT TO STALL with nuclear weapons or with nuclear reac- encompass pipelines, roads and rail- (By Sidney D. Drell) tors for research or power). roads, airports and communications Only those nations that have ratified will STANFORD, Calif.—The nuclear tests by networks that stretch from Central Eu- India and Pakistan have led some in the have a seat at that conference. Thus the rope to China. This corridor will com- United States Senate to seek further delay United States must ratify the treaty this pletely alter the economics and the on the Comprehensive Test Ban Treaty, year if we are to be a leader, as we must be, politics of Eurasia in ways that we can- which has already been awaiting ratification in an effort to put the treaty into force. Previous Senates have shown that they can not now foresee, but which are certain for more than a year and a half. Senator act quickly and courageously on such mat- to intersect US strategic interests in Trent Lott of Mississippi, the majority lead- ters. When President John F. Kennedy sub- Eurasia in many places. The states of er, said on Friday that ‘‘the nuclear spiral in mitted the Limited Test Ban Treaty to the the Caucasus—Georgia, Azerbaijan and Asia demonstrates that irrelevance of U.S. Senate in 1963, the Foreign Relations Com- action’’ on the treaty, calling the pact ‘‘un- Armenia—lie at the very center of this mittee held its first hearing four days later, new Silk Road. For the corridor to verifiable and ineffectual.’’ and the treaty was approved by the full Sen- To the contrary, the treaty’s international function, stability in these states is es- ate in less than two months. monitoring system, when used in combina- Yet in the wake of the Indian and Paki- sential. tion with our own intelligence resources, stani tests, it would appear that the Senate Not surprisingly, some people wish provides the means to verify the test ban ef- will not act even to bring the treaty to a ardently to jeopardize America’s inter- fectively. Moreover, a quick vote in the Sen- vote. Inaction will not help to deter further ests in this region by threatening Geor- ate approving the treaty is an essential re- nuclear tests or reduce nuclear dangers. gia’s stability, and they have fastened sponse to the South Asian nuclear gambit. Rather than pointing to India’s and Paki- While it is true that American intelligence on a perverse way of doing so. the stan’s tests as an excuse for inaction, the small, break-away region of Abkazia failed to provide imminent warning of In- Senate should be approving the treaty with- dia’s first three nuclear tests on May 11, we out delay. has been Russia’s best available instru- were well aware that the technical prepara- Four decades ago President Dwight D. Ei- ment to diminish Georgia’s accom- tions had been made for testing. Further- senhower said that not achieving a nuclear plishments and to imperil its remark- more, the global network of seismic sensors test ban ‘‘would have to be classed as the able gains. Russia is the only power to that will form the core of the treaty’s ver- greatest disappointment of any administra- benefit from such activity. Let us not ification system did detect, locate and iden- tion—of any decade—of any time and of any be timid in naming the problem: Russia tify the main nuclear blast that day. party.’’ It would be tragic if once more we is the problem, the aggressor and the It is evident that the system also proved fail to seize this opportunity.∑ effective in detecting Pakistan’s tests, both single-most threat to stability in Geor- f on Thursday and on Saturday. And the trea- gia and the entire Caucasus. ty calls for the monitoring system to be CONFLICT IN THE REPUBLIC OF Since the early 1990s, Russia, acting beefed up. Also, the treaty would allow us to GEORGIA through Abkazia, has attempted to request a short-notice, on-site suggesting ∑ Mr. BROWNBACK. Mr. President, the bring down Georgia. This is no secret. that a nuclear weapons test might have oc- Virtually every expert to travel to the curred. newspapers are full of Kosovo and Ser- India has claimed that its last two an- bia, of India and Pakistan and of region reports the same thing: Russia nounced tests, on May 13, had very low course, Indonesia. These threatening is responsible for arming, training and yields, in the subkiloton range. Whether or events have captured most of the head- sustaining Abkazia’s so-called freedom not we succeed in corroborating possible lines and have attracted the attention fighters. Russia’s support for the pro- tests of such relatively small magnitude, we of the Administration in greater or Russian Abkazian leadership is barely need to remember that very low yield tests lesser degrees. These are not trivial disguised: Russia has funneled arms are of questionable value in designing new and support for more than six years nuclear weapons or confirming that a new issues, and we cannot afford to ignore design will work as intended. Any failure by their importance for challenging US into the Abkaz region of Georgia for the monitors to detect such tests is not the interests. one specific task: to destabilize the proper benchmark for determining the sys- But another conflict rages that, government of Eduard Shevardnadze so tem’s—or the treaty’s—effectiveness. while small, challenges US interests in that Georgia will be unable to realize June 4, 1998 CONGRESSIONAL RECORD — SENATE S5655 its goals of being independent, of join- Mr. President, it is time for the Ad- TRIBUTE TO THE MARSH BIL- ing the community of free democratic ministration to state unequivocally LINGS NATIONAL HISTORIC nations, and of providing better lives— that the stability and survival of an PARK free lives—for the people of Georgia. independent Georgia is a fundamental ∑ Mr. JEFFORDS. Mr. President, June It is high time the Administration U.S. interest. That Russia’s collusion 5, 1998, is a great day for Vermont and took a strong position on the subject of with the Abkaz is nothing less than for the Nation as we open Vermont’s the Caucasus and of Georgia in particu- Moscow’s effort to maintain control first, and the Nation’s newest, National lar. So far, it has not only failed to over sovereign Georgia and will not be Historic Park. On behalf of all Ver- reign in Russian efforts against Geor- tolerated; and that it is time to put an monters I want to welcome the Na- gia, but by this very failure, it has in- end to Russian Trojan horses in Geor- tional Park Service and express my sured that the Russian-promoted desta- gia—the phony Russian ‘‘peace- deepest gratitude to Laurence and bilization efforts will continue. keepers’’ and the military bases that Mary Rockefeller for making this pos- Administartion apathy on this sub- provide Russia with the means to sible. ject is best illustrated by the astonish- threaten Georgia’s future and to put Vermonters have always drawn a spe- ing lack of urgency that the State De- U.S. interests at risk.∑ cial strength from the land. And as partment ascribes to placing qualified f Vermonters, we have a responsibility and dynamic ambassadors in these to the land. I was proud to introduce TRIBUTE TO LAHAINALUNA HIGH countries. Georgia has been without a for myself, Senator LEAHY and all Ver- SCHOOL OF MAUI, HAWAII U.S. ambassador for well over six monters, the legislation that created months. No candidate has yet been ∑ Mr. AKAKA. Mr. President, I rise this National Historic Park in 1991. A identified, let alone brought to the today to congratulate the students perfect ‘‘Vermont scale’’ National Senate for confirmation, despite per- from Lahainaluna High School from Park, its size fits our State’s land- sistent and forceful requests by Presi- Lahaina, Maui, who recently came to scape, incorporating many of the most dent Shevardnadze and other key lead- Washington, D.C., to participate in the significant attributes about Vermont: ers in Georgia for such an appoint- national competition of We the People our stewardship of the working agricul- ment. . . . The Citizens and the Constitution. tural and forest landscapes, our dedica- The Administration has also been As you may know, We the People . .. tion to conservation, and our commit- supporting the Russian ‘‘mediation’’ of The Citizen and the Constitution is a ment and respect for our towns and the Abkaz conflict: this policy must be civic education program which seeks to communities. reversed. Russian ‘‘mediation’’ consists develop young students into enlight- Mr. President, the beauty and signifi- of injecting Russian peacekeepers into ened and capable citizens who under- cance of this site will now forever re- the region to separate the Georgian stand and promote responsible partici- ceive the same recognition as our other and Abkaz combatants. Their behavior pation in our democratic process. Stu- great National Parks, such as Yellow- in the recent fighting in Abkazia shows dents learn the history and principles stone, Grand Teton, and Gettysburg. their true intentions: the best case sce- behind our constitutional democracy George Perkins Marsh, Frederick Bil- nario shows that the Russian peace- through the use of the Declaration of lings, and Laurence Rockefeller’s devo- keeping forces did nothing to interdict Independence, the U.S. Constitution, tion and commitment to the issues of the flow of separatist personnel and and the Bill of Rights. conservation, forest management, and heavy weaponry into the region where These young students competed agriculture have helped develop this the fighting was taking place. The against 49 other classes from across the nation’s attitudes for how we treat and worst case scenario has them actually Nation, demonstrating a youthful and respect our lands. Private land owners providing weapons to the Abkaz com- enthusiastic interest in the fundamen- throughout the country have followed batants. This is unacceptable. tal ideas that are imperative for gain- the example of these distinguished Allowing continued Russian control ing a better understanding of our gov- leaders. Today, those who work and over this situation is tantamount to ernment. We the People is not only a own the land, and hold true to the inserting the fox’s first cousin as a me- competitive event, but it is also the ideals of Marsh and Billings, are this diator between the foxes and the hens. most extensive civics program to reach Nation’s most important stewards. The The current situation insures that more than 26 million students from ele- preservation and conservation of the Georgia can only lose. It is time for the mentary, middle, and high schools Nation’s working landscape, and his- Administration to demand the removal across the country. toric and natural resources are increas- of the bogus Russian peacekeepers, and I would like to recognize these fine ingly important and yet are becoming to insist on their replacement by an students for their accomplishments: more difficult to maintain. The Marsh independent force of peacekeepers. To Iao Eisenberg, Tiffany Fujiwara, Jas- Billings National Park will forever do less is to acknowledge implicitly mine Hentz, Erin Lockhard, William serve Vermont and the Nation as a that Georgia remains within Russia’s Myers, Leah Nakamura, Ryan Ott, Mi- model for conservation. sphere of control. chael Prieto, Julie Reed, Sal Saribay, I salute Mary and Laurence Rocke- This matter also raises the issue of Justin Serrano, Jeffrey Shelton, Yee feller for their vision in providing this the continued presence of Russian mili- Ning Tay, and Kerri Tsubaki. I would park to the people of Vermont and the tary bases in Georgia. They are there also like to acknowledge the contribu- United States. The Rockefeller family despite the overwhelming opposition of tions of their teacher, Mrs. Ruth E. has given future generations of Ver- Georgian citizens. These bases were es- Hill, and the District and State Coordi- monters, indeed all Americans, access tablished at a time when Georgia was nators, Ms. Jane Kinoshita and Ms. to a truly historic and beautiful site. in no position to repulse Russian ad- Sharon Kaohi, respectively. Without This is only the most recent accom- vances. Russia has no legitimate na- their dedication and leadership, our plishment in Mr. Rockefeller’s more tional security claim on Georgia. Rus- students would be unable to participate than 50 years of conservation leader- sia is no less safe—indeed it is safer— in this important program. ship. Laurence Rockefeller was the with a Georgia that is free, independ- Mr. President, I commend all the stu- first person ever awarded a Congres- ent, democratic and with free markets dents and teachers who participated in sional Gold Medal for conservation close to its southern border. These this program, and particularly the stu- work, and that award was richly de- bases—from which the perpetrators of dents of Lahainaluna High School who served. I am proud to have been an the assassination attempts on Presi- represented Hawaii in the national original cosponsor of the legislation dent Shevardnadze are reported to have competition. It is always heart- that granted him the award. fled—must be closed. The United warming to see students actively en- Mr. President, the people of Wood- States must not accept the notion that gaged in the learning process. I wish stock and the entire State of Vermont Georgian independence can only be se- the students and teacher of have lived a long time in harmony with cured by Russian power. Nothing could Lahainaluna High School the best as the landscape. Our first national park be more alien to the truth and to our they continue to pursue their future not only recognizes the two founders of national values. endeavors.∑ the American conservation movement, S5656 CONGRESSIONAL RECORD — SENATE June 4, 1998 it is a tribute to all Vermonters and to business to America’s economy. Small The answer, in my view, is real-world the Vermont way of life.∑ business is our engine of economic cost benefit analysis. No one wants to f growth. Small business-dominated in- put our families and children at risk dustries produced an estimated 64 per- from unsafe products or procedures. IN MEMORY OF MABEL VIRGINIA cent of the 2.5 million new jobs created But the federal government must im- JEWS during 1996. Small businesses also ac- plement strict policies seeing to it that ∑ Ms. MIKULSKI. Mr. President, I rise count for 28 percent of jobs in high scientific data is used to determine today to celebrate the life of Mabel technology sectors—the sectors of our whether any proposed regulation will Virginia Jews, a dedicated mother and economy pushing us into the future cause more harm than good—to people, a great educator who passed away on and keeping us competitive in world to the economy and to small business. May 23, 1998. As we work to strengthen markets. In addition, Mr. President, Washing- our Nation’s families, I hope we can all Small businesses also serve as the ton too often imposes unfunded man- find inspiration in the life of this re- training ground for America’s work- dates on America’s job creators. The markable woman. force, providing 67 percent of workers benefits of government programs are In 1934, Mrs. Jews graduated from with their first jobs and initial on the there for all to see. But the costs im- then Morgan State College and fol- job training in basic skills. posed by these programs on workers, lowed her undergraduate studies with a Small business is especially impor- consumers, and small businesses are Masters degree from the former Salis- tant in my own state of Michigan, not so clear. Reduced wages, increased bury State College in the 1960’s. She where almost half a million small busi- prices and stagnant growth all can re- lived most of her life on Maryland’s nesses and sole proprietors created sult from unfunded federal mandates. Eastern Shore where she dedicated her- every net new job in our economy from That is why I believe it is crucial that self to education, both in her class- 1992 to 1996. we institute mandate reform legisla- rooms and in the life of her son, Wil- How did Michigan’s small businesses tion that would direct the Congres- liam Jews, Jr. As a teacher, Mrs. Jews accomplish this? Ask Pamela Aguirre sional Budget Office to study the ef- taught English and home economics in of Mexican Industries in Michigan and fects of proposed private sector man- junior high and high school where her Cheryl Hughes of C&D Hughes. Both dates on workers, consumers and eco- patience and kindness taught students these women are being honored by the nomic growth, and provide a point of to feel comfortable about learning. In Small Business Administration for order allowing members to call Con- addition to her service as a school- their efforts in expanding their small gress’ attention to these costs. teacher, Mrs. Jews also worked as hos- businesses against great odds through Finally, Mr. President, entrepreneurs pital administrator, Pentagon em- hard work, perseverance and devotion increasingly are being forced out of ployee and property manager. to quality. business, or deciding not to go into Mabel Jews believed in getting be- Ms. Aguirre has taken the eight em- business for themselves, out of fear of hind our kids, making her son and his ployee leather and soft trim auto- lawsuits. One recent Gallup poll re- motive products manufacturer she in- education her top priority. Mrs. Jews ported that fear of litigation has herited from her father and turned it focused her life’s work on helping caused 20 percent of small businesses into a 1,500 employee eight plant cor- young Bill build an educational record not to hire more employees, expand poration with 1996 sales of $158 million. that would give him the opportunity to their business, or introduce new prod- Her company had plants in Detroit em- attend any school in the country. I’m ucts. And that figure does not include powerment zones before they were em- pleased to say he chose Maryland’s those who have decided not to go into powerment zones. Hundreds of local Johns Hopkins University. As many of business at all. residents have found training, skills my colleagues know, Bill Jews is now The culprit is the frivolous lawsuit. and careers thanks to her. The stories are well-known: A the president of CareFirst Inc. and Cheryl Hughes started running her Northridge, California woman claims chief executive officer of Blue Cross highway construction company in 1980 damages from a store after she pulled and Blue Shield of Maryland. We can out of her home. Now, after weathering out the bottom box in a blender display imagine how proud Mrs. Jews was of reductions in federal highway funding, her son’s success. She was a model C&D Hughes employs 60 people, has stack and brought it down on her. A mother who espoused the values we achieved annual sales of over $7 mil- former smoker in Seattle sues a super- work to promote in our country’s fami- lion, and is recognized as one of the market and Washington dairy farmers lies. fastest growing privately held compa- for failing to warn him that a lifetime Mr. President, I am honored today to nies in Michigan. of drinking whole milk might clog his pay special tribute to such an inspira- Entrepreneurs like Pamela Aguirre arteries and cause him to have a heart tional and important Marylander. and Cheryl Hughes deserve our respect, attack. A teenager in Nashau, New Throughout her lifetime, Mabel Jews Mr. President. Their efforts make their Hampshire sues the manufacturer of a made vital contributions to the suc- communities and our nation better and basketball net after he attempts a slam cessful life of her son Bill, as well as to more prosperous. By providing jobs dunk and looses two teeth when they the lives and lessons of those who sur- they help people learn skills and build get caught in the net. rounded her. The great state of Mary- lives for themselves and for their fami- We must put a stop to this lawsuit land is fortunate to have been home to lies. abuse before it stifles our economic such a great woman.∑ But they also need our help. If small growth, innovation and entrepreneurial f business owners like Pamela Aguirre spirit. Ideally, we would pass legisla- and Cheryl Hughes are to continue to tion discouraging all frivolous law- NATIONAL SMALL BUSINESS grow and to provide good jobs to mil- suits. Unfortunately, while we have WEEK lions of Americans, they must be freed tried several times to enact broad- ∑ Mr. ABRAHAM. Mr. President, I rise from excessive federal regulations and based legal reform, the President has today to mark National Small Business mandates, and from frivolous lawsuits successfully opposed it. That is why I Week. This is the week when we honor, that drive up the cost of insurance and have sponsored the ‘‘small business as we have for the past 35 years, the can drive a small business owner into lawsuit abuse protection act.’’ For American entrepreneurs who have done bankruptcy. small businesses, this legislation will so much to make ours a prosperous, For example, Mr. President, current limit the punitive damages that can be thriving nation. America’s 23 million regulatory costs are staggering—$647 awarded against the company. Punitive small businesses employ more than billion in 1994 according to the General damages would be available only if the half our country’s private work force, Accounting Office. Our small busi- injured party proves convincingly that create two of every three new jobs, and nesses cannot afford to bear this kind the harm was caused by the small busi- generate a majority of American inno- of burden. What is more, many small ness through at least a conscious, fla- vations. companies refuse to grow because grant indifference to the rights and Mr. President, it would be impossible doing so would subject them to a num- safety of others. And punitive damages to exaggerate the contribution of small ber of costly, unnecessary regulations. would be limited to the lesser of June 4, 1998 CONGRESSIONAL RECORD — SENATE S5657 $250,000 or two times the compensatory bined milk from her cows with milk Schools that receive this recognition damages awarded for the harm. from her neighbor’s cows and made it provide a challenging education for The bill also would limit joint and into cheese. their students, strive to maintain a several liability for small businesses. Other Wisconsin dairy firsts include: clean and healthy environment, de- This doctrine, according to which a the development of Colby cheese in velop and maintain family relations, company that caused, say, two percent 1874, the creation of brick cheese in and recruit and maintain high caliber of the harm could be held liable for the 1875, the first dairy school in America- teachers. full amount of damages, has forced established in 1891 at the University of Mr. President, it is no surprise that many companies related to an accident Wisconsin at Madison, the first state- Kaimuki Intermediate School, which tangentially if at all (including, for ex- wide dairy show in the U.S. in 1928, and challenges students academically, has ample, Mr. Van de Putte) to pay the the creation of the world-record hold- been chosen for such an honor. Stu- entire amount of the settlement be- ing 40,060 pound, Grade-A Cheddar dents are given numerous opportuni- cause others are bankrupt or otherwise cheese in 1988. And Wisconsin also can ties to expand their interests and tal- not subject to being sued. Under this claim one of the best-tasting inven- ents by participating in committees, legislation a small business would be tions in the history of dairy industry: including School Community Based liable for pain and suffering and any the creation of the first ice cream sun- Management (SCBM) and the Student other noneconomic damages only in dae in 1881. Activities Council (SAC). These com- proportion to its responsibility for Wisconsin cows produce more than mittees enable students to participate causing the harm. They would still be 22.4 billion pounds of milk a year, near- in the administrative process of their fully, jointly and severally liable for ly 90 percent is processed into cheese education and allow them to contrib- economic damages. and other products. Wisconsin leads ute ideas to improve school activities For the sake of our small businesses, the nation in the production of cheese and develop ideas that could further and for the sake of the millions of and are the top producer of many vari- benefit their education. Americans who rely on those small eties including Cheddar, American, The students at Kaimuki Intermedi- businesses for goods, services, training Muenster, Brick, Blue and Italian—not ate School have had many accomplish- and jobs, we must address the costs to mention the ONLY U.S. producer of ments. One student traveled to Wash- Washington and our broken civil jus- the famous Limburger cheese variety. ington, D.C., to compete in the na- tice system impose on entrepreneurial Also, Wisconsin buttermakers produce tional math competition. The eighth activity and business growth. It is my nearly 25 percent of America’s butter grade girls basketball team won first hope that National Small Business supply. place in their league, and other stu- Week will provide all of us with the op- National Dairy Month is the Amer- dents participate in a wide range of ac- portunity to reflect on the tremendous ican consumer’s oldest and largest tivities like intermural and extramural debt we owe the entrepreneurs of our celebration of dairy products and the sports, band, and math competitions. country and that we will do our best to people who have made the industry the Indeed, Kaimuki Intermediate School encourage them to continue making success it is today. During June, Wis- has excelled in their effort to provide life better for all Americans.∑ consinites will hold nearly 100 dairy students with a well rounded edu- f celebrations across our state, including cation. dairy breakfasts, ice cream socials, Mr. President, I am proud to rise CELEBRATION OF JUNE DAIRY cooking demonstrations, festivals and today to recognize everyone who has MONTH other events. These events are all de- contributed to making this award a re- ∑ Mr. FEINGOLD. Mr. President, I rise signed to make consumers aware of the ality, and congratulate the faculty and today to celebrate National Dairy quality, variety and great taste of Wis- staff and, most importantly, the stu- Month and the great history of the consin dairy products and to honor the dents of Kaimuki Intermediate School dairy industry in our nation. As many producers who make it all possible. for a job well done.∑ of you know, even before the inception I am proud to honor this great Amer- f of National Dairy Month, in 1937, Wis- ican tradition—proud to honor the consin was historically the national dairy producers not only in Wisconsin, PATRICIA RUSSO leader in milk and cheese production. but also those across this great na- ∑ Mr. DODD. Mr. President, later this Even today, Wisconsin leads the nation tion.∑ month the State of Connecticut will in cheese volume and variety, offering f say good-bye to one of its strongest more than 300 varieties, types and and most respected voices on women’s styles of cheese. TRIBUTE TO KAIMUKI issues: Patricia Russo. Known by her Mr. President, during June Dairy INTERMEDIATE SCHOOL friends as Pat, Ms. Russo has worked Month, we celebrate America’s dairy ∑ Mr. AKAKA. Mr. President, it is with for the past 18 years to promote civil industry and Wisconsin dairy’s proud great pride that I rise today to honor rights for women, assure equality in tradition and heritage of quality. It the students, teachers, staff, adminis- education for girls, and help women provides Wisconsin’s dairy farmers a trators, parents, and supporters of achieve economic parity in the work- special time to reflect on their accom- Kaimuki Intermediate School from place. This July, Pat will be moving plishments and those of their ances- Kaimuki, O’hau for their achievement with her family to Tokyo, and she will tors, and to look forward to continued in receiving the prestigious Blue Rib- be dearly missed. success in the future. bon Schools award. This year, Kaimuki Pat Russo has served on the Perma- As I mentioned, Mr. President, Wis- Intermediate School was one of the nent Commission on the Status of consin was nicknamed America’s schools selected from hundreds of sec- Women (PCSW) for the past 15 years. Dairyland in the 1930s, but it became a ondary schools across the nation to re- She currently serves as the Chair- leader in the industry soon after the ceive this award. It is a reflection of person of this agency, which provides first dairy cow came to Wisconsin in the administration’s, teachers’, and research and analysis to legislators and the 1800’s. This year’s celebration of staff’s determination to provide an ex- state leaders on issues such as sex dis- National Dairy Month, is especially cellent educational environment for crimination, child care, sexual harass- important for the people of my home their students. ment, child support enforcement and state of Wisconsin because this is also The U.S. Department of Education the economic status of women. the year we are celebrating our sesqui- presents the Blue Ribbon Schools On behalf of the PCSW, Ms. Russo is centennial—150 years of Wisconsin award to schools that have excelled in the founder of the Connecticut Wom- statehood. Dairy history and the leadership, community involvement, en’s Agenda, a state-wide coalition of state’s history have been intertwined environmental awareness, and a con- key women’s organizations in Con- from the beginning. Why, before Wis- tinuous desire to overcome the barriers necticut. She also chairs the PCSW’s consin was even declared a state, Ms. that impede a quality education. This Congressional District Advisory Coun- Anne Pickett established Wisconsin’s award is one of the most prestigious cil (CDAC) in the fourth congressional first cheese ‘‘factory’’ when she com- educational awards in the nation. district. S5658 CONGRESSIONAL RECORD — SENATE June 4, 1998 Ms. Russo’s work on behalf of ending also have made great contributions of Colombian army was withheld on ac- violence against women earned her a our nation through their culture and count of a human rights provision in seat on the 1997 Task Force to Study their individual initiative. our Foreign Operations law. Domestic Violence, along with the At- The Philippines has become a major I do not oppose Special Forces train- torney General and other state leaders. trading partner for the United States ing. Our soldiers need the experience. In addition to her work at the PCSW, and remains a strong ally in our efforts But we also need a consistent human Ms. Russo also serves on the Advisory to maintain regional stability. rights policy. The human rights proce- Board of Woman magazine and the Ad- It is my hope that our two nations dures that have been applied to the visory Council of the Rape and Sexual will enjoy another 100 years of mutual IMET program are far from foolproof, Abuse Crisis Center. She was recently respect and support, and that my col- but they do help reduce the chance appointed to the Board of Directors of leagues will join me in congratulating that the foreign forces we train have the National Association of Commis- the Philippines on the anniversary of been involved in human rights abuses. sions for Women (NACW). She is also its independence from Spain.∑ These same screening procedures President of the Women’s Business De- f should apply to training conducted by velopment Center of Connecticut, a U.S. Special Forces. new agency that moves women from U.S. SPECIAL FORCES TRAINING Mr. President, a country is judged, in welfare to work. ∑ Mr. LEAHY. Mr. President, several part, by the company it keeps. By fail- Pat Russo’s leadership has earned her months ago, as the conflict in Indo- ing to establish a clear, transparent numerous awards, including the pres- nesia escalated, United States Special and comprehensive policy that governs tigious Hannah G. Solomon award, Forces training of Indonesian troops all our military training programs and given by the National Council of Jew- came under intense scrutiny. As jour- adequately takes into account human ish Women, and the distinction of nalists and human rights groups com- rights considerations, the United ‘‘Woman of the Year’’ by the Business piled and publicized allegations of tor- States, and our soldiers, will continue and Professional Women of Connecti- ture, disappearances and killings by to be implicated in the atrocities of cut. ‘‘Kopassus,’’ an Indonesian special those we train.∑ In 1997, Ms. Russo was named to the forces commando group, and other In- f Racial Justice Committee of the YWCA donesian military units, the Defense RELEASE OF ‘‘UNDER THE RUG: of Greenwich, and is an honorary mem- Department was conducting joint exer- ber of the American Association of SUBSTANCE ABUSE AND THE cises with some of these same forces. It MATURE WOMAN’’ University Women, in celebration of was only several weeks ago that De- her 20 years of activism on behalf of fense Secretary Cohen suspended the ∑ Ms. MIKULSKI. Mr. President, today Connecticut women. program because of instability in the I joined former First Lady Betty Ford, I have known Pat personally for country. former HEW Secretary Joe Califano, many years and worked with her on The training of U.S. Special Forces and Congresswoman NANCY JOHNSON to many important issues. I have always on foreign soil provides a valuable op- release the first national, comprehen- found her to be extremely capable and portunity for our soldiers to learn how sive study of the abuse of alcohol, ciga- completely dedicated to improving the other militaries operate and to famil- rettes, and psychoactive prescription quality of justice for women in this iarize themselves with different cul- drugs by women over age 59. The study country. She is truly a remarkable in- tures, climates and terrain. They need found that in 1998, substance abuse by dividual, and I am sad to see her go. I to be able to operate in the most dif- mature women will trigger more than wish her only the best as she leaves for ficult conditions. However, while the $30 billion in health costs—$10.1 billion Japan and in all of her future endeav- program benefits our soldiers, it also in inpatient hospital bills, $12.2 billion ors.∑ provides training to foreign security in nursing home bills, and $7.7 billion f forces. And sometimes those forces for physician services and home health care. have a history of involvement in U.S.-PHILIPPINE RELATIONS I would like to pay a special tribute human rights violations. Unlike the ∑ Mr. ABRAHAM. Mr. President, I rise to Mrs. Ford. Her courage and her gal- today to cosponsor a resolution offered International Military Education and lantry has given hope to others who by my colleague the Senator from Ha- Training (IMET) program which have faced similar if not identical screens foreign participants for any in- waii, Mr. AKAKA. This resolution com- problems. By speaking out and by fac- memorates 100 years of relations be- volvement in human rights violations, ing her own problems with the love and tween the people of the United States the Special Forces program, which con- support of her family, she gave those and the people of the Philippines. ducted training exercises in 102 coun- who have less power, or maybe less 100 years ago, Mr. President, the tries in fiscal year 1997, apparently love, the strength to do what she did. Philippines gained their independence does not. No credible effort is made to Mrs. Ford, Liz Taylor, Ann Richards, I from Spain. This was the beginning of screen prospective foreign participants. think we really owe a debt of gratitude a long and fruitful relationship be- If there were, there is no way this to them, and we owe a debt to every tween our two countries and our two training would be conducted with well-known woman in our society who peoples. Kopassus, which has been implicated in has been willing to step forward, speak The people of the Philippines have a pattern of torture and extrajudicial up and speak out about the dangers of shown a strong commitment to free killings dating back many years. older women and substance abuse. government, individual liberty and a A May 25, 1998 article in the Washing- I’d also like to pay tribute to Presi- market economy. Over the last 100 ton Post describes how the Special dent Ford for the courage to organize a years they have worked hard to estab- Forces program in Colombia has con- family intervention. Thank you for lish democratic institutions and to de- tinued to operate and maintain close showing us that when a man really velop a thriving free market economy. relationships with foreign security loves a woman, sometimes you need The Philippines has served as an im- forces there despite the Colombian tough love. If Mrs. Ford had had a portant ally to the United States, pro- army’s abysmal human rights record, heart attack, Mr. Ford would have tecting the peace and security of South pervasive allegations of drug-related been the first one there with CPR. His Asia as it provided an example of the corruption and accusations linking the intervention was the CPR of substance human desire for freedom. armed forces with paramilitary abuse. What is more, Mr. President, Filipino killings of civilians. Just as in Indo- Today’s findings address a problem soldiers have fought side by side with nesia, where Special Forces training hidden in the shadow for too long. Ma- American troops in World War II, continued despite a congressional cut- ture women who struggle with depres- Korea and Vietnam. The people of the off of IMET assistance due to human sion and loneliness and fight them with Philippines have shown themselves to rights concerns, the Special Forces drugs and alcohol today know they are be strong and loyal friends of America. training program in Colombia, funded not alone. This study shines the bright The significant number of Filipinos by the Department of Defense, contin- light of research and knowledge to who have come to the United States ued in 1997 even though our aid to the take this problem out of the shadows. June 4, 1998 CONGRESSIONAL RECORD — SENATE S5659 It is the first step to help mature BEVERLY GIBSON For those of us who are concerned women get help from doctors, from ∑ Mr. BAUCUS. Mr. President, I rise about human rights in China, the very family, and from friends. It is the first today to honor an outstanding Mon- date of June 4th remains a powerful re- step to help grown men and women tanan, Beverly Gibson. She will retire minder that the Chinese Government identify the warning signs of addiction, June 30 after twenty years as assistant has not changed. not just with their own kids, but with director of the Montana Association of But despite the lack of progress, the their parents. It is startling and trou- Counties and nearly 30 years of out- executive branch of our government continues to pursue a policy of con- bling that mature women are more standing public service to her State. structive engagement with China, a likely to be hospitalized for substance Through her work I believe Bev knows policy that will be capped off by the abuse than for heart attacks. almost everyone involved in county President’s visit to Beijing at the end In Maryland in 1996, 285 mature government in the State, and those of women sought help for substance abuse of the month. This upcoming summit is us who have had the great fortune to yet another in a long line of unwise in certified treatment centers, 230 in know her stand in awe of this great 1997. Thousands more are too scared, steps that the Administration has lady’s achievements. taken with respect to China. I have too sick, or too alone to seek out care Montana-born and journalist by generally opposed all of these steps be- they need. This study can help them. training, Bev has been the heart and cause I do not see that progress has And it can help America. soul and living history of MACO since been achieved on human rights in I have been a life-long fighter for ma- its very early expertise have touched China. This includes the October 1997 ture Americans. I believe ‘‘honor your many lives. In a State like mine, with state visit of Chinese President Jiang mother and father’’ is not just a good its vast area and sparse population Zemin. That was a mistake. We should commandment, it’s good public policy. spread over 56 counties, local govern- challenge China’s leaders rather than That’s why I am such a big supporter of ment is the lifeblood of politics. Bev is toast them. research like today’s study. This study the real champion in this arena. The failure of the United States to not only highlights a big problem, it At MACO Bev is known as the person sponsor a resolution condemning highlights opportunities to make good who gets things done. Twice a year, human rights abuses in China and public policy. MACO holds statewide meetings and Tibet at the most recent meeting of If we can end substance abuse among she was always the first to get there the United Nations Commission on the elderly, we can lower financial and welcome everyone. She would re- Human Rights was also a mistake. The costs for Medicaid and Medicare. More search all the issues, staff committees, Administration made this decision de- importantly, we can lower the emo- act as official photographer, coordinate spite the overwhelming support in the tional cost to women and families. We speakers and agency representatives Senate of a resolution that urged the can’t let a blanket of shame and denial and was the last to say goodbye. Can United States to ‘‘introduce and make blind us to problems that we can and you imagine doing that for 168 commis- all efforts necessary to pass a resolu- should solve. sioners of different parties? I honestly tion’’ at the Commission on Human I support more research to help pro- don’t know how the organization will Rights. I was proud to co-sponsor that tect seniors from scams, from poverty, get along without her, except that she resolution. and from threats to their health. I send is leaving an incredible legacy that As we all know, for the past few thanks to Bristol-Myers Squibb and to will brighten the way for others. years, China’s leaders have aggres- the National Center on Addiction and As she retires, I want to wish her sively lobbied against resolutions at Substance Abuse for revealing this much joy, health and happiness. And I the UN Human Rights Commission ear- troubling problem and helping to cre- also want to say thanks, Bev, for a job lier and more actively than the coun- ate solutions. well done and for a real service to Mon- tries that support a resolution. In 1997, Today’s research, which focuses on tana.∑ China threatened Denmark, which had women and seniors, is one big reason I f made a difficult and courageous deci- sion to sponsor a resolution on human am a big supporter of NIH. Women’s COMMEMORATION OF PRO- rights in China. This year, Chinese offi- health has made great headway with DEMOCRACY ACTIVISTS OF 1989 NIH. In 1990, Congresswomen CONNIE cials played a diplomatic game with ∑ Mr. FEINGOLD. Mr. President, I rise various European governments, and MORELLA, Pat Schroeder and I showed today to join in marking the ninth an- up on the steps at NIH to launch what succeeded in getting European Union niversary of the Tiananmen Square foreign ministers to drop any EU co- we hoped would be a women’s health Massacre, a tragic day when a still un- initiative. Through our efforts, the Of- sponsorship of a resolution. known number of Chinese—some say The complete failure of the United fice of Women’s Health Research was hundreds, others, thousands—died at States and the EU to push for a resolu- established so that women would no the hands of the People’s Liberation tion at the Commission was, in my longer be left out of clinical trials and Army, and perhaps thousands more mind, gravely unfortunate. The multi- research protocols. I am pleased that were placed in detention. lateral nature of the Commission we are now seeing more and better re- Despite this monumental tragedy, makes it an appropriate forum to de- search on women’s health. China’s leaders remain unwilling to re- bate and discuss the human rights situ- I am sending this report to Dr. examine the events of June 4, 1989. In- ation in China. By signing inter- Varmus, Director of NIH with my en- deed, they would like nothing more national human rights treaties, China dorsement and with my request that than to have Tiananmen fade from the has obliged itself to respect inter- NIH expand its research on alcohol and world’s memory. national human rights law. One of the drug abuse by mature women. Today’s But today, the spirit of Tiananmen basic purposes of the Commission is study is a shining example of what can lives in our memory in the strongest specifically to evaluate China’s per- get done with attention and money and way. We have recently welcomed to the formance with respect to those com- more women in the House and Senate. United States two key pro-democracy mitments. The Commission’s review I would ask all my colleagues, men leaders who were released from Chinese has led to proven, concrete progress on and women, Democrat and Republican, prisons. But as lucky as we are to have human rights elsewhere, and the expec- House and Senate, to read the execu- Wei Jingsheng, Wang Dan, and others tation has been that such scrutiny tive summary of ‘‘Under the Rug: Sub- in our midst, we are all well aware that would lead to concrete progress in stance Abuse and the Mature Woman’’, they are not yet free; they remain in human rights in China, but China’s rul- which I will send to them. We shouldn’t the United States because they cannot ers cynically ignore their legal and play politics with women’s lives, and return freely to their homeland. moral duty to respect the human we shouldn’t play politics with the Moreover, at least 158 people remain rights of their own citizens. And they lives of the mature women and their in prison for their role in the 1989 dem- do it with impunity. families who are trying to cope with onstrations. Certainly for these people Despite China’s announcement last the terrible problems of substance and their families, Tiananmen remains year that it would sign the United Na- abuse. a part of daily life. tion’s Covenant on Economic, Social S5660 CONGRESSIONAL RECORD — SENATE June 4, 1998 and Cultural Rights and take a few families of the victims—a suggestion I strong enough to limp along for the foresee- other token steps, I see no evidence of made to Assistant Secretary of State able future. There is no evidence at all to real human rights improvement on the Stanley Roth in a recent Senate For- suggest that U.S. economic sanctions are any more likely to destabilize the Castro re- ground in China. The fact that human eign Relations Committee hearing. gime in the near future than they have been rights conditions in China are growing Finally, it is imperative that over the past 38 years. worse, not better, demands that human throughout his visit to China, the Cuba is now some six years into what the rights continue to be a top priority in President send a clear unequivocal regime euphemistically calls the ‘‘special pe- our China policy—but it is not a prior- message about the importance of riod,’’ the time of economic distress that ity, and the rulers in Beijing know human rights, of the rule of law and of began with the collapse of the Soviet Union. Cuba lost its preferential trading arrange- that. democracy. The students at Tiananmen ment with Moscow and the other former Nearly four years after the Presi- erected a goddess of democracy. Our communist republics of Eastern Europe, and dent’s decision to de-link most-fa- China policy worships trade and pays was left to fend for itself. vored-nation status from human short shrift to the ideal of freedom. If U.S. economic pressure was ever to rights—a decision I have always said Our policy has got to change. work, that was the time. But Cuba has mud- was a mistake—we cannot forget that We owe as much to the victims, to dled through. In moves that must have been the human rights situation in China bitter pills for Castro to swallow, Cuba the champions of democracy in China ‘‘dollarized’’ its economy, allowed private and Tibet remains abysmal. Hundreds, today, and to the American people.∑ farmers’ markets and other small-scale pri- if not thousands of Chinese and Ti- f vate enterprises, and offered more favorable betan citizens are detained or impris- terms for foreign investment. oned for their political and religious SENATOR PELL ON CUBAN POLICY As a result, the Cuban economy, in free fall during 1993, has started to come around. The beliefs. The press is subject to oppres- ∑ Mr. REED. Mr. President, I rise sive restrictions. And monks and nuns evidence abounds in Havana. Not only tour- today to submit an editorial on U.S. ists, but all Cubans can purchase an array of in Tibet are harassed for showing rev- policy toward Cuba written by my es- consumer goods in ‘‘dollar stores’’ that are erence to the Dalai Lama. teemed predecessor, the Honorable prevalent in Havana. When we asked one In a well-quoted sentence, the most Claiborne Pell. The editorial was print- government official how Cubans with no ac- recent State Department human rights ed in the May 5, 1998 edition of the cess to dollars can survive, he shot back: ‘‘Who doesn’t have dollars?’’ report notes that ‘‘the Government of Providence Journal Bulletin. China continued to commit widespread One exquisite irony is that this dollar-fo- Senator Pell served in the United cused Cuban economy is now in part propped and well-documented human rights States Senate for thirty-six years. up by an annual deluge of dollars, estimated abuses, in violation of internationally While in the Senate, he served as at $600 million to $1 billion, that arrives in accepted norms, including extra-judi- Chairman of the Committee on Foreign Cuba from the United States, primarily from cial killings, the use of torture, arbi- Relations for eight years. Senator Cuban-Americans anxious to make life easier trary arrest and detention, forced abor- for their relatives. Whatever pain the embar- Pell’s remarkable career also included go causes is offset by this dollar flow, which tion and sterilization, the sale of or- eight years of service as a State De- gans from executed prisoners, and tight they will likely increase with the restoration partment Official and Foreign Service of legal remittances. control over the exercise of the rights Officer as well as the United States Tourism has expanded greatly since I last of freedom of speech, press and reli- Representative to the 25th and 51st visited Cuba 10 years ago, and brings both gions.’’ If that shameful litany is not Sessions of the United Nations General much needed hard currency and less desir- grounds for a tougher policy, please, able consequences, including prostitution, Assembly. Senator Pell’s positions which seems widespread in parts of Havana somebody, tell me what is! have taken him to Cuba on three occa- Today, on the ninth anniversary of after dark. Our delegation visited only Ha- sions, most recently in early May. Sen- one of the most traumatic events in vana and we were told that times are tough- ator Pell’s observations of American er in the smaller cities and the countryside. the modern history of China, we re- foreign policy toward Cuba have led But the Cuban economy has clearly recov- member the courageous people who him to the conclusion that continuing ered and, while it could benefit from many stood before the tanks, who gave their more reforms, there is no sign it will col- the 38 year embargo on Cuba will not lives for bravely choosing to express lapse. destabilize the Castro regime and is their notions of freedom and breathed Cuba is still very much an authoritarian hurting the Cuban people. their last on the bloody paving stones state with tight state control over all as- In his editorial, Senator Pell makes a pects of society, including public debate. One of Tiananmen, and we honor those he- number of insightful points. I hope all day, I visited a showplace medical campus roes who continue to take risks to my colleagues will take the oppor- where very interesting neurological research struggle for real change in China and is being conducted. The center was equipped tunity to read this piece by an expert Tibet. with what appeared to be sophisticated com- in foreign relations and seriously con- It is unfortunate, then, that the puters and has its own ‘‘web site.’’ sider his observations regarding rela- President’s proposed trip to Beijing, Next, I sat with a group of dissidents and tions with our neighbor. asked about their access to the Internet. which will take place in just a few Mr. President, I ask that the edi- ‘‘We can’t use the Internet,’’ one said. ‘‘We weeks, will send the wrong signal—not torial from the Providence Journal cannot even have computers; they just take only to China’s leaders, but also to them away.’’ Bulletin be printed in the RECORD. those in China and Tibet who have Yet I felt a much greater openness in Ha- The editorial follows: worked so tirelessly to achieve the vana this time than in my last visit, and cer- basic freedoms that we, as Americans, [From the Providence Journal-Bulletin, May tainly than in 1974, when Sen. Jacob Javits (the late U.S. Republican senator from New take for granted. In particular, in a 5, 1998] OUR CUBA POLICY HAS NOT WORKED York) and I were among the first members of move that almost adds insult to injury, Congress to visit since the revolution. Back the President has agreed to stage his One can only hope that the small but sig- then, we were shadowed everywhere we went, arrival ceremony in Tiananmen Square nificant changes in U.S. policy toward Cuba were confident our hotel rooms were bugged, itself. that President Clinton announced in late and sensed a real oppressiveness in the city. March portend more sweeping changes in the In those days, the infamous Committees for If ever a moment cried out for a ges- months ahead toward a more rational, more ture, Mr. President, that will be the the Defense of the Revolution were an effec- self-interested and more effective U.S. pol- tive neighborhood spy network; today, they moment. That will be the chance for icy. seem more a network of aging busybodies. our President to restore some small Having just returned from a five-day visit Havana is certainly not a free city, but it moral weight to our China policy. to Cuba with a distinguished group of Ameri- has a liveliness and verve that startled me. Mr. President, if the President of the cans, I am more convinced than ever that On this trip, everywhere we went people United States feels he must go to Bei- our existing policy, built around the 38-year- still were abuzz about the visit of the Pope. jing, if he feels he must go there this old embargo of Cuba, simply doesn’t work. Church leaders do not know yet whether the month, a month when we remember The embargo upsets the Cuban government visit, of which virtually all Cubans seemed and hurts the Cuban people, but, from our immensely proud, will lead to much greater and honor the heroes of Tiananmen, discussions with an array of Cuban govern- openness. But colleagues of mine went to and if he feels he must visit the site of ment officials, religious and dissident lead- Mass on Sunday at a Jesuit church in a run- that horrible 1989 massacre, I hope he ers and foreign diplomat observers, one thing down section of the city, and described a vi- will take the time to visit with the emerged clearly: The Cuban economy is brant community with an abundance of June 4, 1998 CONGRESSIONAL RECORD — SENATE S5661 young adults worshipping with pride and in- them, as it is to us and to untold mil- powerful appeal that democracy and tensity. The dissidents we met reported that lions around the world, a symbol of human rights have in China. The suc- a substantial number of political offenders freedom’s promise for people every- cesses of pro-democracy candidates in have been freed and the atmosphere seems to where. Quoting Thomas Jefferson, Hong Kong’s recent elections also at- them ‘‘more relaxed.’’ Cuba’s repressive communist regime has these brave Chinese students spoke elo- test to how strong democratic ideals survived, if not thrived, for 38 years in eco- quently of the need for China to de- can be in China when not suppressed by nomic isolation from the United States. velop democratic institutions, and fi- autocrats intent upon preserving their When a policy has failed that long, isn’t it nally to allow a degree of political own power and privileges. Most of all, time to try something else? In my view, a progress to match its dramatic eco- the new and thriving democracy on policy of contact, trade, cultural exchanges nomic change and development in re- Taiwan stands as the clearest indica- and dialogue, just as we had with the com- cent years. tion that the phrase ‘‘Chinese democ- munist states of Europe, could well lead to a Nine years ago today—today—the ex- more open, free-market economy and more racy’’ is not an oxymoron. In fact, the political diversity in Cuba. Even if it doesn’t, citement and the promise of this Chi- phrase ‘‘Chinese democracy is a ray of it won’t be any less effective than the policy nese democracy movement were extin- hope for a quarter of our planet’s popu- we’ve been following these past 38 years.∑ guished as troops and armored vehicles lation. f were ordered into action against the This is why it is important always to peaceful students. Mr. President, it keep Tiananmen Square in our minds EXPRESSING THE SENSE OF THE may never be known exactly how many as we pursue our ‘‘engagement’’ with SENATE ON THE NINTH ANNI- died in the resulting bloodbath, but China. While we cannot ignore China VERSARY OF THE MASSACRE OF hundreds of Chinese demonstrators and its huge population, neither can we PRO-DEMOCRACY DEMONSTRA- were certainly killed and many thou- ignore the human rights abuses com- TORS ON TIANANMEN SQUARE sands more were arrested for so-called mitted by its government. Sound pub- Ms. COLLINS. Mr. President, I ask counterrevolutionary offenses that lic policymaking is about pragmatism, unanimous consent that the Senate consisted only of attempting to assert but it is about the pragmatic pursuit of proceed to the immediate consider- rights that it is the duty of civilized principles. Without principle, prag- ation of a Senate resolution at the governments everywhere to observe, matism is no more than a fraud, a desk which would express the sense of protect and promote. process that lacks a purpose; there is the Senate on the ninth anniversary of I am wearing, Mr. President, a ribbon no substitute for an underlying moral the massacre of prodemocracy dem- to commemorate just one of those po- compass. This is why I very much onstrators on Tiananmen Square in litical prisoners from that very sad pe- wanted to introduce my resolution China. I ask further consent that the riod. today: in U.S.-China relations, the resolution be agreed to, the preamble I had hoped to introduce and have memory of Tiananmen Square is one of be agreed to, and that the motion to the Senate pass this resolution to the cardinal points on our moral com- reconsider be laid upon the table. make very clear to everyone in this pass, without which we cannot navi- The PRESIDING OFFICER. Is there country and, indeed, around the globe gate. objection? that the U.S. Senate has not forgotten I ask unanimous consent that the Ms. COLLINS. Mr. President, I find what occurred in Tiananmen Square 9 text of the resolution I would have in- myself in the awkward position of hav- years ago today. troduced be printed in the RECORD. Mr. President, my resolution sought ing to object to consideration of my There being no objection, the mate- to do no more than to make clear that own resolution. I want to make this rial was ordered to be printed in the clear that I am doing this solely as a what occurred on June 4, 1989, was pro- RECORD, as follows: courtesy to the Democratic leader. foundly wrong and that we should not The PRESIDING OFFICER. Objec- permit ourselves or our Government S. RES.— tion is heard. ever to forget this. This resolution Whereas in the spring of 1989, thousands of Ms. COLLINS. Mr. President, I am would have merely expressed the sense students demonstrated in Tiananmen Square really surprised and shocked that ap- of the Senate that our Government in Beijing in favor of greater democracy, civil liberties, and freedom of expression in parently there is objection on the should remain committed to honoring the People’s Republic of China (PRC); Democratic side of the aisle to consid- the memory and the spirit of the Chi- Whereas these students’ protests against eration of this important resolution. I nese citizens who died on Tiananmen political repression in their homeland were had hoped that we would consider this Square and that assisting China’s conducted peacefully and posed no threat to evening a resolution expressing the peaceful transition to democracy their fellow Chinese citizens; sense of the Senate upon the ninth an- should be a principal goal of our for- Whereas on the evening of June 4, 1989, niversary of the tragic massacre of Chi- eign policy. these students were brutally attacked by in- nese students in Tiananmen Square on Mr. President, it is important that fantry and armored vehicles of the People’s June 4, 1989. we remember Tiananmen Square today Liberation Army (PLA) acting under orders from the highest political and military lead- My resolution, had I been permitted precisely because we do enjoy increas- ership of the PRC; to proceed with it this evening, was co- ingly close ties with the regime in Bei- Whereas hundreds of these students were sponsored by the distinguished major- jing. Relations with the People’s Re- killed by the PLA in Tiananmen Square on ity leader, by the Senator from Arkan- public of China are—and must—be a June 4, 1989 for offenses no more serious than sas, Senator HUTCHINSON, and by the continual balancing act. The memory that of seeking peacefully to assert their Senator from Michigan, Senator ABRA- of Tiananmen Square should help us most basic human, civil, and political rights; HAM. Regrettably, my colleagues from find the appropriate bounds, preventing Whereas many of the leaders of the student the Democratic side of the aisle have us from giving way to a wholly un- demonstrations thus attacked were subse- blocked consideration of this resolu- checked enthusiasm in U.S.-Chinese re- quently imprisoned, sought out for arrest, or otherwise persecuted by the Government of tion. I would, however, like to take a lations by disregarding the fundamen- the PRC; moment to explain why I consider it to tal nature of the regime with which we Whereas during or shortly after the brutal be very important. are dealing. China is not a democracy, assault of June 4, 1989, at least 2,500 persons Mr. President, 9 years ago, thousands after all, and its government still has were arrested for so-called ‘‘counter-revolu- of students were peaceably assembled few qualms about using armed force to tionary offenses’’ across China and dozens of on Tiananmen Square in Beijing, suppress the legitimate aspirations of persons were executed; peacefully protesting their govern- its people for basic liberties. Whereas the Chinese government has never ment’s refusal to permit them even the I do not expect democracy to flower expressed regret for its actions on June 4, most basic freedoms of expression, as- overnight in China. But it is today 1989, still imprisons at least 150 persons in connection with the Tiananmen Square dem- sociation, and political activity. quite clear that China is capable of de- onstrations, and has continued to deny its As a symbol of their hopes and aspi- mocracy. The very strength of the stu- citizens basic internationally-recognized rations for a democratic China, these dent movement that Communist au- human, civil, and political rights; students constructed a scale model of thorities tried to crush on Tiananmen Whereas the Government of the PRC, as our own Statue of Liberty. It was to Square nine years ago attests to the detailed in successive annual reports on S5662 CONGRESSIONAL RECORD — SENATE June 4, 1998 human rights by the United States Depart- played outstanding dedication, teamwork, Congress of the United States in 1932 ment of State, still routinely and systemati- and sportsmanship throughout the course of and serves as an incredibly strong ad- cally violates the rights of its citizens, in- the season in achieving collegiate golf’s vocate for our Nation’s disabled veter- cluding their rights to freedom of speech, as- highest honor; and ans. In 1987, as part of their mission, sembly, worship, and peaceful dissent; and Whereas the Rebels have brought pride and Whereas the Tiananmen Square Massacre honor to the State of Nevada: Now, there- DAV organized a nationwide transpor- has become indelibly etched into the politi- fore, be it tation program to help sick and dis- cal consciousness of our times as a symbol Resolved, That the Senate— abled veterans receive the essential both of the impossibility of forever denying (1) commends the University of Nevada Las medical care they so desperately need. a determined people the right to control Vegas for winning the 1998 National Colle- From the time of its inception to the their own destiny and of the oppressiveness giate Athletic Association Division I men’s present, DAV will have donated 750 and brutality of governments that seek to do collegiate national golf championship; vans in support of this program. so: Now, therefore, be it (2) commends Chris Berry, for his second In my state of West Virginia, thou- Resolved, That, in the interest of express- place individual finish at the National Colle- ing support for the observance of human, giate Athletic Association golf champion- sands of veterans live in rural areas, civil, and political rights in China and ship; miles from the nearest VA medical around the world, it is the sense of the Sen- (3) recognizes the achievements of all the center, and often in areas with no pub- ate that— players, coaches, and staff who were instru- lic transportation. So I am acutely (1) the United States Government should mental in helping the University of Nevada aware of how veterans not only in West remain committed to honoring the memory Las Vegas win the 1998 National Collegiate Virginia, but from coast to coast, rely and spirit of the brave citizens of China who Athletic Association Division I men’s colle- on the DAV transportation program to suffered and died in Tiananmen Square on giate national golf championship and invites receive essential medical care. I am June 4, 1989 for attempting to assert their them to the Capitol to be honored in an ap- internationally-recognized rights; and propriate manner to be determined; proud to have worked with DAV to help (2) supporting the peaceful transition to (4) requests that the President recognize foster this program. democratic governance and the observance the accomplishments and achievements of I ask all of my colleagues to join us of internationally-recognized human, civil, the 1998 University of Nevada Las Vegas in supporting legislation to authorize and political rights and the rule of law in Rebels golf team and invite the team to use of the Capitol Grounds for this re- China should be a principal goal of United Washington, D.C. for the traditional White markable event. And I, along with Sen- States foreign policy. House ceremony held for national champion- ators SPECTER, LOTT, and DASCHLE, SEC. 2. The Secretary of the Senate shall ship teams; and commend DAV for their donation and transmit a copy of this resolution to the (5) directs the Secretary of the Senate to President. make available enrolled copies of this resolu- work on behalf of our Nation’s veter- f tion to the University of Nevada Las Vegas ans. for appropriate display and to transmit an Ms. COLLINS. I ask unanimous con- COMMENDING THE UNIVERSITY OF enrolled copy to each member of the 1998 sent the concurrent resolution be NEVADA LAS VEGAS COLLE- University of Nevada Las Vegas National agreed to, the motion to reconsider be GIATE GOLF TEAM ON THEIR Collegiate Athletic Association Division I laid upon the table, and that any state- NCAA CHAMPIONSHIP men’s collegiate national championship golf ments related to the concurrent resolu- team. Ms. COLLINS. I now ask unanimous tion be printed in the RECORD at the f consent the Senate proceed to the im- appropriate place as if read. mediate consideration of Senate Reso- RECOGNIZING DISABLED The PRESIDING OFFICER. Without lution 243 submitted earlier today by AMERICAN VETERANS objection, it is so ordered. The concurrent resolution (S. Con. Senators BRYAN and REID. Ms. COLLINS. Mr. President, I now Res. 102) reads as follows: The PRESIDING OFFICER. The ask unanimous consent the Senate pro- clerk will report. ceed to the immediate consideration of S. CON. RES. 102 The assistant legislative clerk read Senate Concurrent Resolution 102, in- Resolved by the Senate (the House of Rep- as follows: troduced earlier today by Senator resentatives concurring), A resolution (S. Res. 243) to commend and SECTION 1. USE OF CAPITOL GROUNDS FOR DIS- ROCKEFELLER and others. ABLED AMERICAN VETERANS congratulate the University of Nevada Las The PRESIDING OFFICER. The EVENT. Vegas men’s golf team on winning the team’s clerk will report. Disabled American Veterans shall be per- first National Collegiate Athletic Associa- The assistant legislative clerk read mitted to sponsor a public event on the West tion Championship. as follows: Front Lawn of the Capitol on June 16 and 17, The PRESIDING OFFICER. Is there A concurrent resolution (S. Con. Res. 102) 1998, or on such other dates as the Speaker of objection to the immediate consider- recognizing disabled American veterans. the House of Representatives and the Com- ation of the resolution? The PRESIDING OFFICER. Is there mittee on Rules and Administration of the Senate may jointly designate, in order an- There being no objection, the Senate objection to the immediate consider- proceeded to consider the resolution. nounce the donation of 147 vans to the De- ation of the concurrent resolution? partment of Veterans Affairs by Disabled Ms. COLLINS. I ask unanimous con- There being no objection, the Senate American Veterans. sent that the resolution be agreed to, proceeded to consider the concurrent SEC. 2. TERMS AND CONDITIONS. the preamble be agreed to, the motion resolution. (a) IN GENERAL.—The event authorized by to reconsider be laid upon the table. Mr. ROCKEFELLER. Mr. President, section 1 shall be free of admission charge to The PRESIDING OFFICER. Without as the Ranking Member of the Senate the public and arranged not to interfere with objection, it is so ordered. Committee on Veterans’ Affairs, I, the needs of Congress, under conditions to be The resolution (S. Res. 243) was along with Senators SPECTER, LOTT, prescribed by the Architect of the Capitol agreed to. and DASCHLE submit a Senate Concur- and the Capitol Police Board. The preamble was agreed to. rent Resolution that will allow the Dis- (b) EXPENSES AND LIABILITIES.—Disabled The resolution, with its preamble, American Veterans shall assume full respon- abled American Veterans to sponsor an sibility for all expenses and liabilities inci- reads as follows: event on the U.S. Capitol grounds on dent to all activities associated with the S. RES. 243 June 16 and 17, 1998, during which they event. Whereas the University of Nevada Las will donate 147 transportation vans to SEC. 3. EVENT PREPARATIONS. Vegas Rebels men’s golf team shot four the Department of Veterans Affairs. (a) STRUCTURES AND EQUIPMENT.—Subject rounds of golf at a total of 1118 strokes for a Senator SPECTER, Chairman of the to the approval of the Architect of the Cap- total of 34 under par, to beat the second Committee on Veterans’ Affairs, and I itol, Disabled American Veterans may erect place Clemson Tigers by three strokes; were asked to help coordinate this upon the Capitol Grounds such stage, sound Whereas this score of 34 under par set a unique event, and we are grateful for amplification devices, and other related tournament record by 11 strokes; the support of the Leadership on both structures and equipment as may be required Whereas Chris Berry shot a total of 272 for the event authorized by section 1. sides of the aisle. As my colleagues are strokes for 16 under par to finish second in (b) ADDITIONAL ARRANGEMENTS.—The Ar- individual competition, to help ensure the aware, Senator SPECTER is unable to be chitect of the Capitol and the Capitol Police championship for the Rebels; here today due to recent surgery. Board are authorized to make any such addi- Whereas the University of Nevada Las Mr. President, the Disabled American tional arrangements as may be required to Vegas men’s collegiate golf team has dis- Veterans (DAV) was chartered by the carry out the event, including arrangements June 4, 1998 CONGRESSIONAL RECORD — SENATE S5663 to limit access to First Street Northwest and minutes; Senator CLELAND for 10 min- votes ordered with respect to the to- First Street Southwest as required for the utes; Senator WELLSTONE for 15 min- bacco bill during tomorrow’s session event. utes. will be postponed to occur at a later SEC. 4. ENFORCEMENT OF RESTRICTIONS. The PRESIDING OFFICER. Without date. The Capitol Police Board shall provide for enforcement of the restrictions contained in objection, it is so ordered. As always, Members will be notified section 4 of the Act of July 31, 1946 (40 U.S.C. Ms. COLLINS. Mr. President, I fur- of the voting schedule next week as 193d; 60 Stat. 718), concerning sales, displays, ther ask that following morning busi- soon as it becomes available. and solicitations on the Capitol Grounds, as ness the Senate resume consideration f well as other restrictions applicable to the of the Coverdell amendment No. 2451 Capitol Grounds, with respect to the event pending to the tobacco legislation. ADJOURNMENT UNTIL 9:30 A.M. authorized by section 1. The PRESIDING OFFICER. Without TOMORROW SEC. 5. PHOTOGRAPHS. objection, it is so ordered. The event authorized by section 1 may be f Ms. COLLINS. Mr. President, if there conducted only after the Architect of the is no further business to come before Capitol and the Capitol Police Board enter PROGRAM into an agreement with Disabled American the Senate, I now ask unanimous con- Veterans and the manufacturer of the vans Ms. COLLINS. Mr. President, for the sent the Senate stand in adjournment referred to in section 1 that prohibits Dis- information of all Senators, when the under the previous order. abled American Veterans and such manufac- Senate reconvenes tomorrow at 9:30 There being no objection, the Senate, turer from using any photograph taken at a.m., there will be a period of morning at 7:45 p.m., adjourned until Friday, the event for a commercial purpose. The business until 10:30 a.m. Following June 5, 1998, at 9:30 a.m. agreement shall provide for financial pen- alties to be imposed if any photograph is morning business, the Senate will re- f used in violation of this section. sume consideration of S. 1415, the to- f bacco legislation, with several amend- NOMINATIONS ments still pending. It is hoped that ORDERS FOR FRIDAY, JUNE 5, 1998 short time agreements can be reached Executive nominations received by Ms. COLLINS. Mr. President, I ask on these amendments so that remain- the Senate June 4, 1998: unanimous consent that when the Sen- ing amendments to this important bill THE JUDICIARY ate completes its business today it may be offered and debated. YVETTE KANE, OF PENNSYLVANIA, TO BE UNITED STATES DISTRICT JUDGE FOR THE MIDDLE DISTRICT OF stand in adjournment until 9:30 a.m. on As a reminder to all Members, a clo- PENNSYLVANIA, VICE EDWIN M. KOSIK, RETIRED. Friday, June 5. I further ask that on ture motion was filed by the minority JAMES M. MUNLEY, OF PENNSYLVANIA, TO BE UNITED STATES DISTRICT JUDGE FOR THE MIDDLE DISTRICT OF Friday, immediately following the leader to the tobacco committee sub- PENNSYLVANIA VICE WILLIAM W. CALDWELL, RETIRED. prayer, the routine requests through stitute. Under rule XXII, Senators have THOMAS J. WHELAN, OF CALIFORNIA, TO BE UNITED STATES DISTRICT JUDGE FOR THE SOUTHERN DISTRICT the morning hour be granted, and the until 1 p.m. on Friday to file first-de- OF CALIFORNIA VICE JOHN S. RHOADES, SR., RETIRED. Senate then begin a period of morning gree amendments to the modified to- DEPARTMENT OF STATE business until 10:30 a.m. with Senators bacco committee substitute. The lead- EDWARD L. ROMERO, OF NEW MEXICO, TO SERVE CON- permitted to speak for up to 5 minutes er has announced there will be no roll- CURRENTLY AND WITHOUT ADDITIONAL COMPENSATION each, with the following exceptions: call votes during Friday’s session. AS AMBASSADOR EXTRAORDINARY AND PLENI- POTENTIARY OF THE UNITED STATES OF AMERICA TO Senator SMITH of New Hampshire for 30 Therefore, the cloture vote and any ANDORRA. June 4, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E1015 EXTENSIONS OF REMARKS

IN SUPPORT OF SAMPLING FOR has already addressed the issue of inaccuracy Sussex Borough and WantageÐan area of 2000 CENSUS in the Census through the Decennial Census 123 square miles. The modern, two-story facil- Improvement Act of 1991, signed by President ity was built in 1965 to replace the former HON. MARTIN FROST Bush, requiring the National Academy of Sussex Borough High School and was ex- Science to study ``the means by which the panded in 1975 and 1991 to accommodate OF TEXAS Government could achieve the most accurate steady increases in enrollment. The building IN THE HOUSE OF REPRESENTATIVES population count possible.'' Specifically consid- includes a 7,000-square-foot library/media Thursday, June 4, 1998 ered was inter alia, ``the appropriateness of center, five computer labs with 105 work sta- Mr. FROST. Mr. Speaker, I rise today to using sampling methods in combination with tions, a variety of comprehensive science labs, bring attention to the importance and the need basic data-collection techniques or otherwise, a modern television production studio, five for a fair and accurate census count in the in the acquisition or refinement of population physical education facilities, a vocational guid- year 2000. The Constitution commands that a data for different levels of geography. . . .'' ance center, and special education vocational census of the nation's population be taken The legislation passed in both the House and training classrooms. Last year, a fiber optics every ten years. Through its failure in accu- under suspension of the rules by unanimous system was installed to facilitate the expan- racy, the 1990 census provided us with many consent in the Senate. sion of future technology into every classroom. valuable lessons, although better designed An accurate count in the 200 Census is far Outdoors, an outstanding rock climbing facility and executed than any previous census. too important for partisan, political disputes. accentuates the extensive recreational oppor- An accurate census is of the utmost impor- We need to ensure that we utilize the most tunities of the region served by the school. tance, because the effects from inaccuracy scientific methods available. It is what every High Point's extensive and rigorous aca- can be detrimental to the population. As a re- American deserves. demic program spans more than 170 course sult of inaccuracy, the 1990 Census caused f offerings, including special courses in comput- many Americans to be denied an equal voice ers, engineering, law and cinema. Honors and in their government. Federal spending employ- CONGRATULATING HIGH POINT advanced placement programs are offered in REGIONAL HIGH SCHOOL ing population based formulasÐfor schools, English, computer science, social studies, crime prevention, health care, and transpor- science, mathematics and foreign languages. tationÐwere misdirected. The census provides HON. MARGE ROUKEMA Required courses for freshmen include the structure to base information and knowl- OF NEW JERSEY English, mathematics, science, social studies edge about the American population, and can IN THE HOUSE OF REPRESENTATIVES and physical education. A rich and varied arts only be done in an efficient, effective manner. program is offered, with 25 percent of students Thursday, June 4, 1998 The census provides information for virtually participating in the music program and 30 per- all demographic information used by edu- Mrs. ROUKEMA. Mr. Speaker, I rise to con- cent in art. The Gifted and Talented program cators, policy makers, journalists, and commu- gratulate High Point Regional High School in provides unique courses, independent study nity leaders. Census data directly affects deci- Sussex Borough, New Jersey, on receiving options, and many workshops and extra- sions made on all matters of national and local the U.S. Department of Education's pres- curricular activities such as Mock Trial and importance, including education, employment, tigious Blue Ribbon Schools Award. Model Congress. The fully functional Road Kill veterans' services, public health care, rural de- This award recognizes that High Point Re- Cafe provides on-the-job training for vocational velopment, the environment, transportation gional High School is one of the finest schools students while special education programs and housing. Federal, state and local govern- in our entire nation. This proves that public offer both departmental and mainstream class- ments use census information to guide the an- education works and that our young people in es. A program for autistic students was added nual distribution of $180 billion in critical serv- Sussex County are among the best and during the 1997±1998 school year. ices. Congressional seats are reapportioned brightest. This honor is the result of hard work Recognizing that student attendance is es- and legislative districts are drawn based on on the part of students, their parents, teachers sential to foster high student performance, census data. and the Board of Education. Special congratu- High Point has a strict attendance policy that The 1990 census was a difficult undertak- lations go to Principal Barbara Miller. As a mandates summer sessions for students with ing, and in spite of unprecedented efforts to former teacher and school board member, I excessive absences. The result is an attend- count everyone, accuracy in the 1990 Census am proud of everyone associated with this ac- ance rate that exceeds 95 percent. fell short of the accuracy achieved in the 1980 complishment. The excellence of High Point's academic Census. According to the Census Bureau, the Of the thousands of middle schools and program has been repeatedly recognized. The 1990 Census missed 8.4 million people and high schools across the United States, only school was selected for the state Department double-counted 4.4 million others. In Texas 166 this year were found to be outstanding of Education's Best Practices Award in rec- alone, the 1990 Census missed more than enough to receive this high honor. Recipients ognition of its innovative Peer Leadership and 482,700 people, with children representing of the Blue Ribbon Schools Award have been Adventure Program. The Star-Ledger news- nearly half of Texas' undercount. Like the na- judged particularly effective at meeting local, paper has ranked it No. 1 in New Jersey tional results, a disproportionate number of the state and national goals. The award is pre- among schools of its class. The quality of the undercounted Texans were minoritiesÐ4% of sented to schools that have shown strong academic program is further proven by student African Americans were missed; 2.6% of leadership, a clear vision and sense of mis- test scores. More than 90 percent of students Asians were undercounted; 5.4% of Latinos sion, high quality teaching, challenging curricu- have passed the New Jersey High School and persons of Hispanic origin were missed; lum, a safe environment for learning, solid evi- Proficiency Test in the past three years, with and 2.8% of Native Americans were under- dence of family involvement, evidence that the passing rates of 91.3 percent in reading, 97.8 counted in Texas. school helps all students achieve high stand- percent in writing and 98.9 percent in mathe- With all of the information we have gath- ards, and a commitment to share best prac- matics. ered, regarding our past mistakes, it is of the tices with other schools. These schools clearly High Point students are well prepared by greatest urgency that we utilize the most ef- display the quality of excellence necessary to their teachers, parents and role models in the fective, efficient method for counting. Experts prepare our young people for the challenges community. They can rest assured they will be from the Census Bureau and three National of the next century. able to handle whatever challenges they Academy of Sciences panels concluded that High Point serves more than 1,000 ninth- choose in life. Once again, congratulations to lower accuracy and undercounts were caused through-twelfth-grade students from the mu- everyone involved in this impressive achieve- through a number of societal trends. Congress nicipalities of Branchville, Frankford, Lafayette, ment.

∑ 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. E1016 CONGRESSIONAL RECORD — Extensions of Remarks June 4, 1998 COMMEMORATING THE ment like caller-ID boxes. The fraudulent or Cuyahoga River. Many of Cleveland's steel- RETIREMENT OF LOIS SCHMITT ``crammed'' charges seem to threaten the le- workers and other laborers were Polish immi- gitimate products and services that are billed grants who, although financially poor, were HON. BOB SCHAFFER in the same manner, except without consent. rich in faith. Their religious fervor transcended OF COLORADO In my home state of Tennessee, the Ten- their small numbers and His Excellency, the IN THE HOUSE OF REPRESENTATIVES nessee Regulatory Authority has recently han- Most Reverend Bishop Ignatius Horstmann dled over 100 cramming complaintsÐresulting appointed Reverend Orlowski to serve the par- Thursday, June 4, 1998 in the removal of over $11,000 in charges ish of St. John Cantius. Masses were origi- Mr. BOB SCHAFFER of Colorado. Mr. from consumers' phone bills. nally held in a two-story barn, but the hard- Speaker, I rise today to commemorate Beattie One of my constituents, Mark Cole, of working parishioners looked forward. The poor Elementary School Principal Lois Schmitt upon Smyrna, Tennessee, was crammed when an immigrants understood the importance of a her retirement after 34 years of service to the unauthorized charge for a calling card plan ap- good education. So, they created a pastoral community. As the school's principal of 24 peared as $9.02 charge on his local phone bill residence, a school, and a Sisters' home in years, Principal Schmitt has touched the lives every month. As it turns out, while shopping separate apartments behind the barn. of teachers and students at Beattie Elemen- one day, his wife filled out a contest entry From those humble beginnings, the commu- tary for nearly three decades. Having begun form. However, the fine print was illegible. By nity built a magnificent Romanesque church, a as a teacher when the school first opened, signing the contest entry form, she was un- grade school and high school, and a convent. she rose to the position of principal after two knowingly enrolled in a new calling card plan Yet the parish never forgot their heritage. Still years. Her devotion to children and her open- with a monthly fee. It took at least three comprised of, in some instances, fourth gen- ness to new suggestions and ideas earned months and help from the Tennessee Regu- eration Polish-Americans, St. John Cantius is her the respect of her colleagues, parents, latory Authority before the charges were re- as active and vital as ever. and students over the years. moved. Parishioners serve their church and those Principal Schmitt committed her life's work I have been an advocate for consumer pro- around them. They belong to service organiza- to education. Her legacy is the success of this tection and of maintaining the integrity of local tions including the Parish Councilmen, 111 school and the children who have spent their telephone billing for several years. I first be- Order of St. Francis, Knights of Columbus, St. first years of learning within its classroom came involved when constituents began com- Stanislaw Kostki Lodge, and the Booster Club. walls. Although she retires this June, her con- plaining about extraordinary high charges for And like their forefathers, today's parishioners tribution to our community flourishes through calls to 1±900 numbers. also look toward the future. To reflect the those whose lives she has touched. In the Cramming has emerged in a similar fashion changing neighborhood, the Church has words of Historian Henry Brooks Adams, ``A as the fraud that once plagued the 900 Num- brought in two sisters with experience in Latin teacher affects eternity; he can never tell ber Industry. As the author of the Telephone America and hold Mass in Spanish on Satur- where his influence stops.'' Disclosure and Dispute Resolution Act day. They recognize the effects of world com- Thank you, Mr. Speaker for the opportunity (TDDRA), the bill that regulates the 900 Num- munication and urbanization on their children; to commemorate the work of Lois Schmitt bers Industry, I know that, it serves as a basis so, they attempt to combine the sophistication upon her retirement. for cleaning up the cramming problem. That is of today, with the goodness and humility of f why my bill adds a new Title to TDDRA and their past. will prohibit this deceptive practice. My fellow colleagues, please join me in ap- THE ANTI-CRAMMING PROTECTION Allow me to share a few highlights from my plauding this committed congregation and the ACT OF 1998 legislation. The Anti-Cramming Prevention Act: centennial anniversary of Saint John Cantius Ensures that the subscriber has knowingly Church. HON. BART GORDON consented to any purchase or charges that f appear in the miscellaneous section of their OF TENNESSEE CONGRATULATING RIVER DELL phone bill. IN THE HOUSE OF REPRESENTATIVES REGIONAL HIGH SCHOOL Requires the service or product to be clearly Thursday, June 4, 1998 listed and described on the phone bill. Mr. GORDON. Mr. Speaker, I rise today to Permits consumers to block blocking for HON. MARGE ROUKEMA introduce important consumer protection legis- miscellaneous charges, where cramming ap- OF NEW JERSEY lation, H.R. 3990, the Gordon and Dingell Anti- pears, at their request. IN THE HOUSE OF REPRESENTATIVES Cramming Protection Act of 1998. This bill will Requires the names and phone numbers of Thursday, June 4, 1998 prevent unauthorized charges from showing the Service Provider and any third party billing Mrs. ROUKEMA. Mr. Speaker, I rise to con- up on a consumer's telephone bill, or ``cram- company to be printed on bill for the consum- gratulate River Dell Regional High School in ming'' as this practice has been dubbed. er's information. Oradell, N.J., on receiving the U.S. Depart- Cramming is the fastest rising subject of Entitles consumers that have been ment of Education's prestigious Blue Ribbon fraud, according to the National Fraud Infor- crammed to an automatic refund or credit Schools Award. mation Center. It has risen from the twelfth on within 90 days of the billing date. This award recognizes that River Dell Re- the list of most frequent frauds to fourth. The Orders the Federal Trade Commission to gional High School is one of the finest schools FCC has received nearly 2000 complaints, prescribe rules and procedures for the resolu- in our entire nation. This proves that public and these are largely under-reported numbers. tion of disputes of unauthorized charges re- education works and that our young people in In most instances of cramming, unauthor- ported after the first 90 days. Bergen County are among the best and bright- ized charges are billed every month as a ``Mis- Cramming is a spreading problem nation- est. This honor is the result of hard work on cellaneous Charges and Credits'' entry on the wide, and must be stopped. Mr. Speaker, I en- the part of students, their parents, teachers local phone bill. I am concerned that cram- courage all of my colleagues that care about and the Board of Education. Special congratu- ming will tarnish the integrity of the local consumer protection to sign on as a co-spon- lations go to Principal Lorraine Brooks. As a phone bill as an option for billing competitive sor to the Anti-Slamming Protection Act. former teacher and school board member, I telecommunications services, and hope that it f am proud of everyone associated with this ac- does not lead to selective billing. That way, IN HONOR OF ST. JOHN CANTIUS complishment. customers will continue to have competitive CHURCH Of the thousands of middle schools and choices when ordering telecommunications high schools across the United States, only services. HON. DENNIS J. KUCINICH 166 this year were found to be outstanding Approximately 32 million of these ``Mis- enough to receive this high honor. Recipients OF OHIO cellaneous'' transactions are processed for of the Blue Ribbon Schools Award have been IN THE HOUSE OF REPRESENTATIVES residential customersÐthat is one out of every judged particularly effective at meeting local, 6 Americans. Some of these charges are for Thursday, June 4, 1998 state and national goals. The award is pre- long-distance calling plans like 5-cent Sundays Mr. KUCINICH. Mr. Speaker, I rise to recog- sented to schools that have shown strong that come with a $3.00 monthly fee. Other nize the Centennial Anniversary of Saint John leadership, a clear vision and sense of mis- charges are for enhanced telecommunications Cantius Church. sion, high quality teaching, challenging curricu- services, Internet Access, calling card fees, One hundred years ago, the ``Heights'' area lum, a safe environment for learning, solid evi- paging services or telecommunications equip- of Cleveland was a quiet community near the dence of family involvement, evidence that the June 4, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E1017 school helps all students achieve high stand- eral trust funds. The Social Security trust fund have the best government in the world. So- ards, and a commitment to share best prac- is a good example. I hereby submit for the cial Security is a good program. It can be saved if the government will put its financial tices with other schools. These schools clearly RECORD, Andy Mair's report. house in order and stop the rapid expansion display the quality of excellence necessary to May 14, 1998. in federal spending. O THE DITOR prepare our young people for the challenges T E : We are in a period of record ANDREW J. MAIR, of the next century. prosperity and a booming economy. Unem- Retired, U.S. Government. ployment is at a 28-year low. This prosperity With 750 students, River Dell has been a By current estimates, the Social Security four-year high school since 1994. It serves the has resulted in a record amount of money collected by Social Security in payroll taxes. trust fund will continue to run a surplus until communities of Oradell and River Edge, hence The surplus goes into the Social Security 2012, when the first of the Baby Boom gen- the name River Dell. trust fund. eration begins to retire. After that time, general River Dell offers its students a variety of rig- For decades the federal government has federal tax revenues will be required to cover orous academic courses which emphasize been borrowing the surplus of Social Secu- the ever-increasing difference between Social writing, computer and research skills in all dis- rity and spending it on other federal pro- Security expenditures, and the revenue from ciplines. All students are required to take four grams. Therefore, the money owed to Social Social Security taxes. Unless changes are years of English and 25 percent take ad- Security becomes part of the federal public debt. made, this situation will place an ever-increas- vanced placement English. Innovative courses The current push to reform Social Security ing squeeze on the federal budget, forcing ei- such as 10th-grade American StudiesÐcom- and the discussions on what to do with ther massive cuts in other programs or cutting bining American history and literatureÐsupple- money accumulated by balancing the budget Social Security benefits bloating the debt or ment more-traditional World Cultures and U.S. caused me to search out data on the 1998 fed- eventually, a combination of these responses. History. Chemistry, physics, biology, calculus, eral budget. The arithmetic which makes this a certainty is statistics, business and economics courses The White House Office of Management clear: As recently as 1950, there were 16 are all offered, most of them at the advanced and Budget collects and maintains financial data for the federal government. The data in workers for every Social Security beneficiary. placement level. The Fine Arts Department re- the attached chart is taken from their re- Today there are only 3.3. By 2025, there will quires a professional portfolio of students par- port. Copies are available to the public. be fewer than two. ticipating in its advanced placement program. The chart shows a rapid expansion in the What is needed is a fundamental reassess- Musical opportunities include band/orchestra, money collected and the money spent by the ment of how the federal government spends strings, chorus, musicianship and ensemble federal government. It shows the increase the taxes it collects. Though the budget is groups. The Business Department operates a that started in the 1980s has continued technically near-balance, we must continue to real company, the Sweet Tooth Corp. All stu- through the 1990s. reduce spending and real reforms must be in- It shows total receipts, ‘‘all money col- dents are required to take at least two com- lected’’ by the federal government; total out- stituted to sustain Social Security. puter courses. lays, all money spent; and the increase in The National Debt Repayment Act (H.R. River Dell teachers are exceptionally well- federal debt by fiscal year. 2191) offers responsible management for any educated, with 7.4 percent holding doctorates Using three six-year periods in the chart future budget surpluses. As an original co- and 90 percent holding a master's degree. provides the opportunity to evaluate the last sponsor of this legislation, I am working hard The excellence of River Dell's academic six years. to see it become law. The proposal will require program has been repeatedly recognized. The an annual surplus of one percent. The pro- TABLE 1.3.—SUMMARY OF RECEIPTS, OUTLAYS, AND school has won a series of Best Practices ceeds from that surplus will then be used to FEDERAL DEBT Awards from the state Department of Edu- pay for the various trust funds, tax cuts and cation, recognizing its programs for the gifted [In billions of dollars] debt repayment. This planned, systematic ap- and talented, special students, business and Receipts Outlays Federal debt proach to the budget will assure continued history. The success of the academic pro- progress toward a rational fiscal policy. This 1980 ...... $517.1 $590.9 $909,050 will enable us to further decrease interest grams is also proven by students' successÐ 1986 ...... 769.3 990.5 2,120,627 92 percent of the members of the Class of 1992 ...... 1,091.1 1,381.7 4,002,453 rates, ensure the integrity of the Social Secu- 1997 went on to college. 1998 ...... 1,566.8 1,687.5 5,465,000 rity and highway trust funds, and eliminate the burden our children and grandchildren would River Dell students are well prepared by Total money collected in 1980 was $517.1 their teachers, parents and role models in the billion and in 1998 was $1,566.8 trillion, an in- otherwise have to bear. Reforms such as H.R. community. They can rest assured they will be crease of over 300% in 18 years. The ‘‘out- 2191 are a good first step, but we must act able to handle whatever challenges they lays,’’ total money spent, went from $590.9 in now to assure the government fulfills its obli- choose in life. Once again, congratulations to 1980 to $1,687.5 trillion in 1998, and the public gations to today's retirees, as well as tomor- everyone involved in this impressive achieve- debt increased from $909,050 billion in 1980 to row's Clearly, spending the ``surplus'' on new $5,465,000 trillion as of April 15, 1998. programs is unacceptable. I thank Andy Mair ment! The annual report from the office of Social f for his continuing involvement on this and Security shows total income for retirement, other issues of importance to my constituents survivor payments, and disability insurance REMARKS OF ANDREW J. MAIR for 1997 was $449.9 billion, and total outgo’s and all Americans. were $367.5 billion. This increased the Social f HON. BOB SCHAFFER Security trust fund by $75.4 billion. Projections for fiscal year 1998 show in- HONORING HENDERSONVILLE HIGH OF COLORADO come to Social Security will exceed $500 bil- SCHOOL STATE SOCCER CHAM- IN THE HOUSE OF REPRESENTATIVES lion, and $100 billion will be added to the PIONS FOR AN OUTSTANDING Thursday, June 4, 1998 trust fund. This will bring the total value of SEASON the Social Security trust fund to over $700 Mr. BOB SCHAFFER of Colorado. Mr. billion. Speaker, I rise today to introduce the remarks By the year 2012 projections are that HON. BART GORDON of my friend and constituent, Andrew J. Mair. money paid out to retirees will exceed OF TENNESSEE Even in retirement, Andy continues his long money received, unless drastic changes are IN THE HOUSE OF REPRESENTATIVES tradition of public service by speaking and made in Social Security. Money to pay So- Thursday, June 4, 1998 cial Security benefits will have to be bor- writing on important issues of domestic and Mr. GORDON. Mr. Speaker, I would like to foreign policy. His insightful commentary on rowed by increasing the federal debt, or dra- matically raising taxes. Will either of these express my congratulations to the Comman- social security and the federal budget was choices be available? dos of Hendersonville High School in Hender- published in the Ft. Collins ``Coloradoan'' on If a thirty-year-old worker looks at the sonville, Tennessee as they celebrate their Sunday, May 31, 1998. record of the last 18 years, or the last six victory in the 1998 TSSAA Class AAA State As Andy points out, current surpluses gen- years. He cannot be optimistic there will be Soccer Championship. erated by the Social Security tax are being any Social Security for him. This is a tremendous achievement for the used to finance other functions of the federal In prosperous times, with everybody work- Commandos as it is their first State Cham- government. Of the $5.5 trillion gross national ing, why have we increased total federal debt by over $1 trillion during the last six years? pionship since 1989. In a remarkable show of debt, $1.7 trillion is held by government ac- Why have we increased federal spending by school and community spirit, senior team counts. This portion of the debt represents ob- over $300 billion? members aspired to win not only for them- ligations of one government agency, in this No, the day of big government is not over. selves, but also for alumni who had played be- case the Treasury Department, to various fed- We are not putting Social Security first. We fore them. E1018 CONGRESSIONAL RECORD — Extensions of Remarks June 4, 1998 The championship game was won 2 to 1 by Ridgewood, New Jersey, on receiving the U.S. one of the top 10 schools in New Jersey and the Commandos under the leadership of Head Department of Education's prestigious Blue was recognized for its reality-based curricu- Coach Russ Plummer and Assistant Coach Ribbon Schools Award. lum. In the past four years, the school has re- Darren Frank. Goals were made by seniors This award recognizes that Benjamin Frank- ceived nine Best Practices Awards from the Jeff Cundiff and Dylan Brown. Other team lin Middle School is one of the finest schools state Department of Education, recognizing its members include seniors Ryan Brody, David in our entire nation. This proves that public courses in citizenship (twice), career edu- Kopko, Ryan McComas, Leif Sherry, Clark education works and that our young people in cation, English (twice), art, special education, Hastings, Ian Cummings, and Ben Meyer; jun- Bergen County are among the best and bright- foreign language and physical education. No iors Danny O'Keefe, Doug Ziegler, and Mi- est. This accomplishment is the result of hard other school in New Jersey has received that chael Rose; and sophomores Joe Carmack, work on the part of students, their parents, many awards during the four-year history of Ryan Alexander, Travis Pulley, Jeremy Willis, teachers and the Board of Education. Special the Best Practices program. Hank Stanfill, Andy Duensing, Corey DeGuira, congratulations go to Principal Paul Folkemer, Benjamin Franklin students are well pre- and Zach Glaser. I congratulate these players and Superintendent of Schools Frederick J. pared by their teachers, parents and role mod- and others who have made significant con- Stokley. As a former teacher and school board els in the community. They can rest assured tributions to their success, including Hender- member, I am proud of everyone associated they will be able to handle whatever chal- sonville High School Principal Paul Decker, with this accomplishment. lenges they choose in life. Once again, con- Athletic Trainer Robb Williams, Athletic Direc- Of the thousands of middle schools and gratulations to everyone involved in this im- tor Charlie Lewis, and Team Managers Kathy high schools across the United States, only pressive achievement. Calderala and Megan McMullen. 166 this year were found to be outstanding However, the greatest honor goes to the enough to receive this high honor. Recipients f parents who, I am sure, are very proud of their of the Blue Ribbon Schools Award have been sons' accomplishments. I give my highest con- judged particularly effective at meeting local, SPEAKER GINGRICH ADDRESSES gratulations to these young men on their great state and national goals. The award is pre- ISRAEL’S PARLIAMENT achievement. I am certain the Hendersonville sented to schools that have shown strong community is very proud of these young men leadership, a clear vision and sense of mis- HON. BENJAMIN A. GILMAN sion, high quality teaching, challenging curricu- for their hard work and dedication. OF NEW YORK f lum, a safe environment for learning, solid evi- dence of family involvement, evidence that the IN THE HOUSE OF REPRESENTATIVES IN HONOR OF COLONEL DAVID school helps all students achieve high stand- Thursday, June 4, 1998 (MICKEY) MARKUS ards, and a commitment to share best prac- Mr. GILMAN. Mr. Speaker, I want to take tices with other schools. These schools clearly this opportunity to share with our colleagues HON. CHARLES E. SCHUMER display the quality of excellence necessary to the address the Speaker delivered at Israel's OF NEW YORK prepare our young people for the challenges parliament during our visit last week in com- IN THE HOUSE OF REPRESENTATIVES of the next century. memoration of Israel's jubilee anniversary. The With 600 students, Benjamin Franklin has Speaker's appearance at the Knesset podium Thursday, June 4, 1998 served students in the sixth, seventh and was the first by any Speaker of the House of Mr. SCHUMER. Mr. Speaker, I stand here eighth grades as a middle school since 1985, Representatives. Such a historic event reaf- today to honor the memory of a truly excep- when it reorganized from a junior high serving firms and underscores the bonds of friendship tional citizen on the 50th anniversary of his seventh, eighth and ninth grades. The mission and cooperation between the United States tragic death. of the school is to ``help children grow up''Ð and Israel, and especially between Israel and Colonel David (Mickey) Markus was a hero. intellectually, emotionally, socially and phys- the Congress of the United States. Accord- Brooklyn born and bred, Colonel Marcus grad- icallyÐand its organization, instructional pro- ingly, while many of our colleagues were privi- uated from West Point in 1924 before return- gram and support system are focused on that leged to hear the Speaker deliver these mov- ing to Brooklyn to attend Brooklyn Law goal. The school is divided into two ``houses,'' ing remarks, I am certain that the remainder of School. After graduation, Colonel Marcus each with an administrator, guidance coun- our colleagues would appreciate having the served our country as an Assistant United selor, learning disabilities consultant and 12 opportunity to review these remarks as well. States Attorney and then as an officer in the teachers divided into three teams of four each. This congressional visit to IsraelÐto cele- Army during World War II. Each team meets daily to discuss curriculum, brate the miraculous rebirth of the modern In 1948, Colonel Markus travelled to the review individual student progress and coordi- State of IsraelÐwas the largest visit of Mem- Middle East to fight for the creation of a Jew- nate activities. ish state in the War of Independence. While The school's curriculum is comprehensive bers of the House and Senate to Israel in its serving as an officer in the Israeli army, Colo- and challenging. All sixth-grade students are fifty-year history. Under the Speaker's leader- nel Markus was killed in battle. required to take classes in English, math, ship, Members participated in valuable meet- Even though he was serving in a foreign science, social studies, a foreign language, ings with Prime Minister Netanyahu, and with army, Colonel Markus was buried at West physical education, art, technology, health and Speaker Dan Tichon, with colleagues of ours Point under special permission by President music. Seventh- and eighth-graders take in the Knesset. In what was a precedent-set- Truman. His contribution to the fight for an courses in the same categories plus a selec- ting meeting, it was agreed that a US-Israel independent Israel were recognized by Prime tion of electives. The focus of the curriculum parliamentary group would be established, Minister Ben Curion, who issued a special is on mastery of the language, problem solv- with the first bilateral focus to be on missile statement in his honor. Colonel Marcus's gave ing, creativity, critical thinking and basic skill defense systems. is honored with pebbles left by visitors in the development. We were also privileged to spend several Jewish tradition. Modern technology is a part of all courses. hours with Minister of National Infrastructure Colonel Marcus made our neighborhood The school has a three-room technology cen- Ariel Sharon, who took us to two settlements and our country proud. We recognize his ter, a television studio, an automated informa- across the green line in the West Bank. At achievements on this solemn day and honor tion retrieval system, and televisions, tele- one site, known as Paduel, we saw across the his memory. phones and computers in every classroom. entire coastal plain to Ben Gurion airport and f Students word process all English assign- the skyline of Tel Aviv. It was clear that ments. Israel's security concerns are deep and real. CONGRATULATING BENJAMIN Since 1990, Benjamin Franklin has empha- In his remarks to the Knesset, Speaker FRANKLIN MIDDLE SCHOOL sized a ``reality-based'' curriculum that links GINGRICH eloquently relayed the affection and academic topics to real-life situations. Stu- respect we have for the people and State of HON. MARGE ROUKEMA dents have explored how race relations played Israel. It was a memorable and historic day for OF NEW JERSEY a role in the Yankees' decision to stay in the the Knesset, the Congress of the United IN THE HOUSE OF REPRESENTATIVES Bronx, the arson of African-American churches States, and for the citizens our two great and the World War II Holocaust. democratic institutions represent. Thursday, June 4, 1998 The excellence of Benjamin Franklin's aca- Accordingly, I submit the Speaker's speech Mrs. ROUKEMA. Mr. Speaker, I rise to con- demic program has been repeatedly recog- for the Knesset to be printed in the CONGRES- gratulate Benjamin Franklin Middle School in nized. In 1996, the school was selected as SIONAL RECORD. June 4, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E1019

REMARKS BY U.S. HOUSE SPEAKER NEWT We remember the commitment of the early While the peace process is designed to pro- GINGRICH TO THE ISRAELI KNESSET, JERUSA- Zionists who convened the first Zionist Con- vide security within Israel and on her bor- LEM, ISRAEL, TUESDAY, MAY 26, 1998 gress a century ago, lived through the horror ders, perhaps the greatest threat is beyond Speaker Dan Tichon and Mrs. Tichon; min- of the Holocaust, and finally, witnessed the the peace process. Israel and the United isters and deputy ministers of the govern- birth of a Jewish homeland in Eretz Yisrael. States now face a growing threat beyond the ment of Israel; members of the Knesset, We remember the story of the last 50 years, horizon: weapons of mass destruction in the former Knesset Speaker Shlomo Hillel; of a state that has survived wars and count- hands of outlaw dictatorships. former members of the Knesset; my congres- less acts of terrorism to maintain its place Through our victory in the Cold War, the sional colleagues; distinguished guests and among the nations. We remember with you United States and its allies defeated Soviet friends—and as I look out, I see friends, because we believe that the anniversary of communism. In the subsequent years, how- many of whom go back for many years—it is Israel’s rebirth is not just a celebration for ever, rogue regimes in countries like Iraq, a great honor to stand before you today in Israel alone, it is a celebration for all who Iran, North Korea and Libya emerged from the Knesset, the one truly democratic par- are inspired by the faith that was born in the shadows of the vanishing Soviet empire. liament in the entire Middle East. For 50 this land. It is a celebration for all who see In the hands of these dictatorships, weapons years, the Knesset has led a nation that has in Israel an outpost in the struggle for free- of mass destruction and the means to deliver gathered in people from over a hundred dom across the globe. And it is a celebration them have become a dangerous threat to for all who see in the fundamental relation- lands, survived the perils of many wars, and Israel, to the United States and to our allies. ship between our two countries a remarkable built a thriving nation out of the desert. Like few others on the planet, Israelis know history and a great hope. As we celebrate the remarkable achieve- the real palpable threat from dictatorships For we are here to celebrate more than the that are methodically developing these ments of the last 50 years, let me simply say: first 50 years. In a sense, we’re here to cele- kol hah-kavod—all honor to you. Democratic weapons and delivery technologies. brate the first 3,000 years. And we’re not just In 1991, 28 Iraqi Scud missiles rained down leader Dick Gephardt and I have joined with here to look ahead with you to the next 50 on Israel, inflicting causalities and portend- the largest bipartisan gathering of congress- years; we dream of how we and our children ing Israel’s vulnerability. We too know the men and senators ever to visit Jerusalem. can build a future that holds more than the consequences of these weapons. Thirty-eight We are here to celebrate the 50th anniver- hope for mere survival, a future that can young Americans were killed when an Iraqi sary of Israel’s rebirth as a modern state. We lead to a lasting prosperity, an enduring Scud struck their barracks in Dhahran. De- commemorate 50 years of a close and cooper- peace, and a truly free land. Such a future, spite the partial effectiveness of Patriot mis- ative relationship between our two countries one marked by peace, prosperity and free- siles, at times our only defense was the inac- and our two peoples. dom, must be built upon an unending com- curacy of the Scuds themselves. In our re- In a sense, however, we are not only cele- mitment to security for those who seek view of the Gulf War, we discovered that not brating the last 50 years. The American and peace. one Scud or Scud launcher was confirmed as Israeli people are bound together by 3,000 One of our greatest presidents, Ronald destroyed on the ground in Iraq, despite a years of a shared and ancient tradition. We Reagan, had a simple strategy to expand great effort to do so. are bound together by a common spiritual freedom across the globe. It came down to Since 1991, rogue dictatorships have relent- experience. three words: peace through strength. He lessly worked to improve both their weapons It is a bond that is felt most powerfully knew that strength was the key to security of mass destruction and their delivery sys- here, in this city. As we overlook Jerusalem and that security was essential to peace. He tems. Nevertheless, in some quarters, there and look at the sights that touched the lives knew that a lasting peace required a durable is a breathtaking avoidance of what these of Abraham, David, and Christ, we under- security. facts imply. If dictatorships work while de- stand the depth of a relationship that is far This truth was reinforced for me in a per- mocracies talk, a catastrophe will become more than shared geopolitical interests. We sonal and powerful way during this trip to inevitable. For democracies to survive and are bound together morally. Our two coun- Israel. On Sunday, we visited the Weizman dictatorships to fail, we must establish a vi- tries are committed to freedom, democracy, Institute, where we met with some of your sion of a secure democracy, and we must im- the rule of law, and individual rights. We’re most talented scientists to learn about the plement three parallel strategies to achieve bound together by pure friendship. technological breakthroughs that will shape that vision. It has been a privilege for me to return to our mutual future. As we were leaving, I Our success must be built on the strategies Israel and spend time with your leaders, spoke to Manuela Deviri, whose son Yoni of containment, defense and replacement. some of whom I’ve known for almost 20 was killed in Lebanon on February 26th of First, we must put unrelenting pressure on years. For Marianne, it has been a chance to this year. A 20-year-old staff sergeant from anyone assisting these outlaw dictatorships see friends she worked with on the Israel free Kfar Saba, he served in an intelligence unit with their weapons programs. We cannot trade zone issue. and died when a mortar round struck his po- have normal relations with governments’ ei- A member of our delegation, Congressman sition. Manuela had, in Abraham Lincoln’s ther tolerating or encouraging assistance to Tom Lantos, a survivor of the Holocaust, words, laid the most costly sacrifice on the these dictatorships, whether the govern- first visited Israel in 1956. And this is his altar of freedom. She had lost her son. She ments are active participants or acquiescent 57th trip to visit Israel. still has another son and a daughter and a partners. Two key chairmen in our delegation, Bob granddaughter. Yet she said to me unequivo- Due to Russian assistance, Iran will re- Livingston and Ben Gilman, have coupled cally that she did not believe peace could portedly be able to manufacture its own me- their leadership in Congress with a deep un- come without security. And this was her for- dium-range ballistic missiles by the end of derstanding and love for the land and people mula: ‘‘You should not need two words,’’ she this year capable of striking Israel and parts of Israel. said. ‘‘Peace has within it the word secu- of Europe. Russia has also assisted Iraq with Another member, Congressman Henry rity.’’ When you say peace, it must include its own weapons program. It is time for our Waxman, returns to Israel often to visit his security, or it has not meaning. While this patience with the Russian government to daughter, son-in-law, and grandchildren, who tragedy has deprived Manuela of Yoni, I come to an end. It should be clearly commu- live here. know the deepest hope that she has for her nicated that Russia’s relationship with the The ties that bind America to Israel are granddaughter, Gali, is a future of peace, United States and Israel, and other nations greater than the economic and security in- freedom and security. We join Manuela of the West, will suffer if its actions do not terests that our nations share. We are two Deviri and the rest of the Israeli people in match its commitments. The same message nations grown from a common source, both their aspirations for peace. No one can un- should be expressed to others, including forged by the courage and imagination of derstand the depth of that aspiration unless China, who assist these countries in their pioneers and both expressing in our founding they have lived so long without peace. And nuclear, chemical, biological and missile documents our ultimate reliance on divine no one can hope to achieve true peace unless programs. We have a range of policy instru- providence. it is always coupled with true security. ments at our disposal, including diplomatic As we celebrate with you, we remember to- The peace process must ensure that Israel and economic levers, and we should be pre- gether the courage of David, who established will retain the ability its own citizens from pared to use them. Jerusalem 3,000 years ago as the political terrorism. It must ensure that Israel main- The United States must make clear that and spiritual capital of the Jewish people. tains secure borders with its neighbors. stopping Iraq and Iran from acquiring weap- We commemorated that event the last time Without establishing those realities, it can- ons of mass destruction is its most intense Marianne and I saw Prime Minister Rabin not succeed. goal. And we should organize our allies to alive, at an event in our Capitol, in the Ro- For this reason, we support the Clinton ad- jointly prevent these dictatorships from ac- tunda, to celebrate the 3,000th anniversary of ministration when it says that Israel alone quiring weapons of terror. Jerusalem. Prime Minister Rabin spoke with must determine its security needs. We can- Second, we cannot rely solely on contain- deep emotion of his own ties to Jerusalem, not allow non-Israelis to substitute their ment to protect us from rogue dictatorships’ the city where he was born and the city he judgment for the generals the Israel has developing these capabilities. As these coun- fought to defend throughout his life. We in trusted with its security. If Israel is to take tries develop more and more accurate guid- Congress stood with him then and stand with risks for peace, as she has often done in the ance systems for their missiles with increas- you today in recognizing Jerusalem as the past, it must be risks she accepts, not risks ingly virulent biological and chemical war- united and eternal capital of Israel. that are imposed upon her. heads, it will become even more urgent to E1020 CONGRESSIONAL RECORD — Extensions of Remarks June 4, 1998 develop effective defenses against these sys- ways been a central security concern in this gress and the Knesset, will not be unique. As tems. In the United States today, we do not land. Hezekiah enhanced Jerusalem’s secu- democracy spreads across the region, as it have the military capability to stop even one rity dramatically when he protected the inevitably will, we should work together to theater or intercontinental ballistic missile Gihon spring, his water source, by extending broaden the interaction with other demo- from reaching its target. the walls of the city. Today, water is an cratic parliaments. Our senior military officers would be re- equally critical security concern, with the As we celebrate Israel’s 50th anniversary, duced to scanning the horizon like the rest future of aquifers like the Yarkon as a prin- we honor those both American and Israeli of us, watching for the missile that could de- cipal issue in the peace process. whose commitment to security and freedom stroy our city, our family, our home. We are Right now, the United States gives incre- ensured Israel’s survival. Today, we must totally vulnerable. But we are told that a 25- mental assistance to manage the problem. It draw inspiration from their example. And let year-old treaty with a non-existent entity, has provided hundreds of millions of dollars me just close by sharing with you. We’ve had the Soviet Union, prevents us from respond- to the Palestinians, primarily to tap new a wonderful several days. We just had a ing to this danger. sources of water and manage the existing meeting with your Foreign and Defense Com- Israel, not bounded by an outmoded ones. In addition, it has assisted other coun- mittee that was very direct and very candid dogma, is taking steps to develop missile de- tries in the region by providing them with on both sides, not quite up to the Knesset fense and we are assisting in those efforts. Israeli expertise on things like drip irriga- standard of bluntness, but we’re trying to We have joined the Israeli government in the tion and water recycling. learn. I just want to share with you, for one Arrow ballistic missile defense initiative to Each of these efforts does assist countries brief moment, the magic that you represent. protect your citizens from the very real that have a large and growing water deficit. One hundred years ago, this was Ottoman threat. The Arrow program is a tribute to They ultimately have a marginal impact, Turkish land. Russia was czarist. Germany the ingenuity and determination of the peo- however. Our challenge for the next 50 years was imperial. China had not yet had the rev- ple of Israel to forge an effective defense for is to find the strategic solution to the short- olution that ended the Confucian domina- your homeland. The United States must ag- age of water in the region. We must do more tion, and the Manchu Dynasty was still gressively develop both theater and global than manage an ever-scarcer resource. We there. Japan was imperial in every sense, missile defenses to complement and rein- must support the scientific and engineering and democracy was a strange idea in only a force the protection Arrow will provide here advances that will erase the shortage of few countries. in Israel. water forever. Israel, the country that One hundred years later, we are gaining. Containment and defense provide interim caused the desert to bloom, must lead this It’s painful. It costs lives. We make big mis- security, but they cannot, by themselves, effort. From the cisterns of Masada to the takes. If you go to Yad Vashem you’re re- guarantee success. As long as individual dic- drip irrigation of today, Israel has learned minded with heart-rendering clarity of the tators or regimes based on hatred work to how to preserve a scarce resource. Today it cost of being wrong. develop terror weapons, all democratic soci- is the world’s leader on those questions. And yet in America, in Israel, in Europe, in eties will be threatened with catastrophe. A In the future, Israel should become the more and more of Asia, in Russia, day by single nuclear, chemical or biological device world leader on expanding the supply of day, this thing that we jointly represent— in one of our great cities would create a water. It has both the regional need and the elect people to speak for you, put them in tragedy of unthinkable proportions. human capital to lower the cost of desalin- one room, and make them fight it out—this Our third strategy must be to preempt ca- ization and end the shortage of water for the thing is slowly spreading across the planet. tastrophe by insisting that dictatorships be region. replaced with democracies. Clearly, the free The United States has already invested in I am convinced from our trip here that world has the capacity to liberate the people sharing Israeli expertise with the region, Israeli democracy’s never been more vibrant. of Iraq; clearly, the free world has the re- learning to manage a scarce resource. For It’s never had a greater range of potential sources to encourage the people of Iran to the future, leadership demands that we do leaders pushing, shoving, arguing. it’s never complete the process of change which hope- more than simply manage the current op- wrestled more passionately with the future fully began with the election of President tions. We, the United States, must invest of Israel and its relation with its neighbors. Khatami. We need the will, the courage and with Israel to overwhelm the shortage of And as an American, I can tell you how the determination to work together to re- water with research that will provide fresh much we gained from these days, how place dictatorships seeking weapons of terror water from an abundant source, the oceans stronger we will be going home, how much with democracies seeking friendship and eco- that cover most of our planet. more grateful we are that you here, in the nomic prosperity. Our joint efforts for the future are built on city of David, continue to stand for freedom, This vision of democratic success and the the close relationship between our two coun- and how much we want to reach out to work failure of dictatorships will require the same tries. This relationship has been fostered in with each and every one of you to make sure level of courage and commitment that in a sustained way by the United States Con- that 50 years and 3,000 years from now free- World War II defeated Nazi Germany, fascist gress. The strong personal bond that mem- dom exists in this land. Italy, and imperial Japan. It will require the bers of Congress feel toward Israel has led to Thank you for allowing us to visit. unrelenting persistence that for 45 years me- consistent support of the state, reaching thodically contained, defended against, and back to congressional resolutions as early as f in concert with the Russian and other cap- 1922 that supported a Jewish homeland in tive peoples, ultimately replaced a com- Palestine. TENTH ANNUAL ASBURY PARK munist dictatorship with fledgling democ- Congress approved its first package of aid CAROUSEL AWARDS racies. Those democracies, while still strug- to Israel, $65 million, in 1951. Congress gling, have advanced freedom dramatically pressed to maintain Israel’s qualitative mili- from the police state they replaced. tary edge. It provided emergency military HON. FRANK PALLONE, JR. Free peoples who face down and defeated assistance during the Gulf War. Congress ap- OF NEW JERSEY these dangers, should see today’s dangerous proved $10 billion in housing-loan guarantees IN THE HOUSE OF REPRESENTATIVES but fragile dictatorships for what they are— in order to absorb the flood of Jewish refu- our opportunities to expand freedom. Sus- gees from the former Soviet Union and Ethi- Thursday, June 4, 1998 taining security and establishing freedom opia. It is Congress that enacted legislation will lead not only to peace but also to eco- in 1995 that requires our government to move Mr. PALLONE. Mr. Speaker, this evening, nomic prosperity. If we achieve peace its embassy to Jerusalem, finally recogniz- Thursday, June 4th, the Greater Asbury Park, through security in this region, the econo- ing the fact that Jerusalem has been Israel’s NJ, Chamber of Commerce, will present its mies will flourish. They will flourish first be- capital for the last 50 years. Tenth Carousel Awards Dinner at Christie's cause open borders and free trade produce As speaker of the United States House, I Restaurant in Wanamassa, NJ. It is a great wealth. No one should know this better than want to initiate a far more direct relation- honor for me to pay tribute to this year's re- the Palestinians. When acts of terror force ship between the Knesset and the Congress. cipients. Today, Speaker Tichon and I are inaugurat- Israel to seal its border, it is the Palestin- The Carousel Awards express the recogni- ians who suffer most. They lose access to the ing a new U.S.-Israel interparliamentary ini- strong Israeli economy, and 100,000 Palestin- tiative on strategic cooperation to be pur- tion and appreciation of a grateful community ians are cut off from their jobs. When re- sued by members from the U.S. Congress and to individuals and organizations who have gional tension chokes off commerce, it is the Knesset. This effort was conceived by contributed in many ways to the revitalization Israel’s neighbors who suffer most. Open bor- Chairman Uzi Landau of the Knesset’s For- of Asbury Park, making this great American ders and free trade allow others to share in eign and Defense Affairs Committee and Sen- city a better place to live and work. The recipi- Israel’s economic growth. ator JOHN KYL of the U.S. Congress. The ini- ents of the 1998 awards are: In addition, the region’s economies will tiative will focus on security issues, particu- flourish as broad cooperation solves the most larly the crucial question of missile defense. New Jersey Natural Gas Company, Spirit of pressing problems of the next 50 years. No- It offers an excellent starting point for Asbury Park Award; Monmouth County where is that cooperation more vital than in broadening and deepening the interaction be- Freeholder Theodore J. Narozanick, Special dealing with the shortage in the region’s tween the Congress and the Knesset. The re- Recognition Award; The Monmouth Ocean most precious resource, water. Water has al- lationship are we establishing between Con- Development Council, Special Recognition June 4, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E1021 Award; Kleenzie-Benje Carpet Specialist, Busi- Congratulations to Mr. Calimano and the Procuring this new technology, which is ness Achievement Award; Burger King of As- members of the National Champion team: made in my home state of Illinois, would give bury Park, Community Service Award; and As- Mian Azmy, Michael Carr, Daniel Cohen, Mi- greater protection to our men and women in bury Park Fire Department & Emergency Med- chael Cohen, Stacie Dubin, Andrea Feit, the Air Force. During Desert Shield/Storm, 48 ical Services, Community Service Award. Naomi Finkelstein, Christian Forsythe, Hillary F±15E's were equipped with the ALQ±135 Mr. Speaker, it is a great honor for me to Gallanter, Gina Gancheva, Heather Gerchen, Band 3, or high band. It performed so well represent the City of Asbury Park in the U.S. Brett Gursky, Denise Heitzenroder, Rachel during Desert Storm that no a single F±15E House of Representatives. Asbury Park, on Katz, Terry Lin, Jonathan Meer, George was lost to enemy threats, against which the the Jersey Shore, is a city of legendary pro- Mossad, Amanda Rosen, Joel Pruce, Niyati Band 3 provides protection. Unfortunately, portions. Many Americans from other regions Shah, Naseer Siddique, Michael Sturm, Rob- there is not the same level of protection with of the country may only recognize its name ert Thompson, Howard Wachtel, Ari Waldman, the low band threats. Band 1.5 was not avail- from the title of Bruce Springsteen's first Jamie Yonks, and Joanna Young. Mr. Speak- able and as a result, at least one F±15E val- album, ``Greetings from Asbury Park, New Jer- er, if this outstanding achievement is any indi- ued at $50 million was lost. We cannot afford sey.'' For years and years, people from all cation of the future success of these students, to allow this situation to persist; our airmen walks of life have come to Asbury Park to America's brightest days are truly to come. and women need the most up-to-date tech- enjoy the boardwalk, the night life and the f nology possible. sandy beaches. But, besides launching the ca- Accelerating funding for the ALQ±135 Band reer of one of America's best-loved singer- PERSONAL EXPLANATION 1.5 will allow much earlier installation and pro- songwriters and being a favorite tourist des- tection of the F±15E, and will provide essential tination for decades, what Asbury Park is real- HON. CHARLES F. BASS protection to our aircrews. The F±15E can ac- ly about is a thriving, diverse, tight-knit com- OF NEW HAMPSHIRE cept this technology; everything is ready to munity, proud of its illustrious past and work- IN THE HOUSE OF REPRESENTATIVES plug the black boxes into the aircraft and pro- ing hard to build a better future. The recipients vide this protection. One reason to accelerate Thursday, June 4, 1998 of this year's Carousel Awards have all con- the funding will be to keep the ALQ±135 Band tributed significantly to the advancement of Mr. BASS. Mr. Speaker, the RECORD cur- 1.5 production line open, and avoiding $100 this very special community. rently indicates that I did not vote during roll- million in cost, savings thousands of jobs with f call No. 170, on the Hunter Amendment to only a $25 million investment. H.R. 3616, the FY99 Defense Authorization I urge my colleagues to give consideration RECOGNIZING EAST BRUNSWICK Act. It is my recollection that, in fact, I voted to the need to accelerate funding for the F± HIGH SCHOOL FOR ACHIEVING in favor of this important amendment. I there- 15E's ALQ±135 Band 1.5 technology. It will FIRST PLACE IN THE NATIONAL fore ask unanimous consent that the RECORD provide needed capability to our airmen and ‘‘WE THE PEOPLE’’ COMPETITION indicate my support for this amendment. allow hardworking citizens to continue working f on the current production line. HON. MICHAEL PAPPAS f PERSONAL EXPLANATION OF NEW JERSEY STATEMENT RECOGNIZING EL IN THE HOUSE OF REPRESENTATIVES SALVADOR’S SUCCESSFUL PRI- Thursday, June 4, 1998 HON. JOHN L. MICA OF FLORIDA VATIZATION PROGRAM Mr. PAPPAS. Mr. Speaker, it is my distinct IN THE HOUSE OF REPRESENTATIVES pleasure to rise today to congratulate John Thursday, June 4, 1998 HON. BENJAMIN A. GILMAN Calimano and his students at East Brunswick OF NEW YORK High School on earning first place in the na- Mr. MICA. Mr. Speaker, due to official busi- IN THE HOUSE OF REPRESENTATIVES tion at the We the People . . . The Citizen ness, I was unable to vote on June 3, 1998. Thursday, June 4, 1998 and the Constitution competition in Washing- On approving the Journal Agreed to by the ton, D.C. on May 2 through 4, 1998. This is Yeas and Nays, Roll No. 193, I would have Mr. GILMAN. Mr. Speaker, I would like to an exceptional program with an outstanding voted yes. On designating the Carl D. Pursell join with the honorable gentleman from North advisor deserving of much acclaim. Post Office, Roll No. 194, I would have voted Carolina, Mr. BALLENGER, to recognize the During the national finals of the event, more yes. On designating the Steven Schiff Post Of- successful privatization program being imple- than 1200 students from 50 states and the fice, Roll No. 195, I would have voted yes. mented in El Salvador. Mr. BALLENGER is a District of Columbia demonstrated their knowl- f distinguished member of our Committee on edge of constitutional principles and their rel- International Relations, and he and I share a evance to contemporary issues before simu- THE NEED FOR TECHNOLOGY FOR longstanding interest in El Salvador. lated congressional committees composed of THE F–15E EAGLE AIRCRAFT After more than a decade of civil war, many constitutional scholars, lawyers, journalists, people understand that El Salvador has made and government leaders. HON. JERRY F. COSTELLO a successful transition into a healthy, function- East Brunswick High School has rep- OF ILLINOIS ing, multi-party democracyÐone in which the resented New Jersey in the national finals of IN THE HOUSE OF REPRESENTATIVES former FMLN rebels are now completely inte- the program for ten consecutive yearsÐevery grated into Salvadoran society as a political year that this prestigious event has been held. Thursday, June 4, 1998 party. What is not as widely known, however, They have consistently been recognized as an Mr. COSTELLO. Mr. Speaker, I want to is the fact that El Salvador has also under- outstanding institution by the program and pass along information to my colleagues today gone an equally dramatic economic transition. have set a standard for excellence during their bout our nation's defense and a critical issue With this statement, we would like to pay trib- tenure. Their knowledge of the material is ex- facing our military forces. The issue concerns ute to the people of El Salvador and their po- ceptional and their ability to articulate this much-needed technology for the F±15E Eagle litical leaders, including especially President knowledge is impressive. This year, they dem- aircraft. The need for this technology is almost Armando CalderoÂn Sol, and congratulate them onstrated once again that they are among our always pitted against the realities of the budg- for the success of their recent privatization ef- nation's best and brightest. et and other domestic needs which compete forts. Mr. Calimano has been the teacher and ad- with our military readiness and maintenance In 1990, El Salvador embarked on the proc- visor for the program at East Brunswick High expenses. ess of modernizing its national economy, in- School and has established a remarkable The F±15E has received the support of the cluding the privatization of key industries. The track record in his time at the school. The Congress in developing and testing low band effect of these policies on the people of El founder of the Institute for Political and Legal self-protection. In the FY97 budget delibera- Salvador has been dramatic. In 1997, El Sal- Education program at the high school, Mr. tions, Congress chose to develop and test the vador's economy grew by 4 percent, the infla- Calimano's dedication and tireless efforts have ALQ±135 Band 1.5, to help the Air Force con- tion rate was pushed (from highs of 30 per- established a tradition of honor at the school. tinue to try and protect the F±15E. We must cent in the late 1980s) to below 1.93 percent I commend him for all that he has done and now move forward to ask the Defense Depart- and unemployment fell to around 7 percent in wish him much success in his future endeav- ment to consider the need to procure the urban areas. El Salvador is now ranked by the ors. ALQ±135 Band 1.5. Heritage Foundation as the third most open E1022 CONGRESSIONAL RECORD — Extensions of Remarks June 4, 1998 economy in Latin America. In addition, Most Reverend Edward F. Hoban. In his years the contributions of Father Anthony C. Casey Moody's recently issued a Baa3 investment of service, Father Dalton baptized over 2,000 on the 40th anniversary of his ordination. grade rating for the countryÐeffectively putting parishioners and united 545 couples in mar- Father Casey was ordained as a priest on it on par with some of its larger neighbors in riage. He served as Associate Director of June 15, 1958 in his native Ireland. He came Latin America most notably Chile. Services to the Deaf, Counselor to self-help to the United States soon thereafter, and im- Recently, El Salvador successfully privatized groups, and role model to his community. its state electricity industry. The state entity Throughout his distinguished life of service, mediately devoted himself to our communities. known as CEL (the ComisioÂn Ejecutiva Father Dalton has been a powerful force in the He has faithfully served on dioceses in Brook- Hidroelectrica del RÂõo Lempa) has been the ministry. From the physical exertion of con- lyn and Queens, including St. Mel's in Flush- traditional operator of electricity generation structing a ballfield, to the patience of teach- ing, Holy Innocents in Flatbush, Saint Joan of and transmission assets in El Salvador. ing, to the compassion of working with the Arc in Jackson Heights, and Holy Family in On January 20, 1998, CEL auctioned 75 deaf, Father Dalton has proven himself as a Flushing. percent of the shares of four state-owned gentleman driven to help his community. He Father Casey joined the Saint Columba electric distribution companies in El Salvador continues to visit the homebound and the hos- family in 1979, bringing with him a strong for a total of $586.1 million dollars. This trans- pitalized, and remains active in the Parish sense of spirituality and a deep desire to help action was the first successful privatization of Ministry at Holy Name, Cleveland. From him, others. All who have met him have been the electric industry in central America, and we can all learn of dedication, selflessness, touched by his sincerity, devotion, charm, and represents the most money earned to date generosity and wisdom. tireless commitment to those in need. The from any privatization in the region. The three My fellow colleagues, please join me in rec- international investors who won the bidding Brooklyn community benefits from the hard ognizing the community service of Father John work of this truly special man. process were: Enersal C.A. of Venezuela, C. Dalton, and celebrating the 50th Anniver- Electricidad de Central America (a division of sary of his Ordination. Father Casey has also distinguished himself EMEL) of Chile (in which Pennsylvania Power f outside the church. While serving our commu- and Light is a major stock holder) and AES nity, Father Casey also devoted considerable Aurora El Salvador from the United States. CARL D. PURSELL POST OFFICE energy to his own education. He earned a Each company reserved 20 percent of its SPEECH OF Master of Science from Iona College and a shares for purchase by its workers. The re- Ph.D. in Clinical Psychology from St. John's maining 5 percent shares in each of the four HON. JOHN EDWARD PORTER University. A diligent scholar, he has brought companies will be offered to individual inves- OF ILLINOIS IN THE HOUSE OF REPRESENTATIVES the same dedication to his work as an author, tors on June 10, 1998 on the El Salvador linguist, and artist. A leader by example, Fa- Wednesday, June 3, 1998 stock exchange. ther Casey recently lent considerable time and In April, El Salvador launched a new retire- Mr. PORTER. Mr. Speaker, I rise in strong effort towards the push for peace in Ireland. ment system based on the Chilean pension support of H.R. 3808, a bill to name a Post fund model. Five companies, including Office building in Plymouth, Michigan after my On this special day, we take time to recog- Citibank from the United States, were author- good friend Carl D. Pursell. nize the contributions of our leader and dear ized to manage pension funds. After passing Mr. Speaker, this is a fine honor for one of friend. We extend our sincerest thanks to Fa- legislation to create the new pension fund re- the finest gentlemen to ever grace the halls of ther Casey, and hope that the Brooklyn com- tirement system in December, 1996, the Sal- Congress. Carl Pursell distinguished himself munity can enjoy the fruits of his labor for vadoran government worked carefully to cre- through his incisive intelligence, his leadership years to come. ate a proper framework to safeguard and reg- and his friendly demeanor. I had the great ulate the new pension system. The United honor to serve with Carl on the Appropriations f States Agency for International Development Committee and on the Labor/HHS/Education provided key training for the Superintendencia Subcommittee. I learned a great deal from PERSONAL EXPLANATION de Pensiones. Carl about appropriations and about the legis- The Government of El Salvador is planning lative process and, in particular, like the other to finalize the privatization of the state tele- members of the subcommittee, I benefitted im- HON. SCOTT McINNIS phone company ANTEL next month. In addi- mensely from the knowledge that Carl brought OF COLORADO tion to French, Spanish, Swedish and Mexican to the subject of education as a result of his IN THE HOUSE OF REPRESENTATIVES concerns, three U.S. companies, GTE, Bell past career as a teacher. Carl was uniquely South and Southwest Bell have submitted suited to the challenge of formulating a coher- Thursday, June 4, 1998 bids. ent federal education policy and his contribu- These privatizations have brought significant Mr. McINNIS. Mr. Speaker, because I was private investment to El Salvador. Moreover, tions continue to this day to benefit the na- tion's students. He was also an early and tire- attending the funeral services of police officer to date, organized labor and El Salvador's po- Dale Claxton, who was shot in his patrol car, litical parties have been involved and have less crusader for the interests of the nursing profession and the driving force behind forma- I was not present to participate and vote on supported the government's efforts. The pri- Wednesday, June 3, 1998. vatization process has also been roundly tion of the National Institute for Nursing Re- praised for its transparency and openness. search. His compassion, his common sense, Mr. Speaker, on the morning of Friday, May These privatizations put El Salvador on the and his strong knowledge of health and edu- 29, 1998, Cortez Police Officer Dale Claxton map as a good place to invest in the region. cation policy issues all combined to make him was fatally wounded. Officer Claxton was a We extend our best wishes for success to a strong and effective legislator on behalf of cherished and beloved husband, father and El Salvador as it moves forward with its privat- the American people. member of the community of Cortez, Colo- ization process. Mr. Speaker, this is a truly fitting honor for rado. He is survived by his wife Susan Claxton f a truly fine gentleman and I commend the and his children Judy Claxton Choate, Caitlin gentleman from Michigan, Mr. UPTON, for his Claxton, Colton Claxton and Corbin Claxton. IN HONOR OF FR. JOHN CHARLES efforts in steering this important legislation to DALTON The tragic and sudden death of Officer the floor today. Claxton has left a tremendous hole in a com- f HON. DENNIS J. KUCINICH munity and he will be greatly missed. OF OHIO IN HONOR OF FATHER ANTHONY C. Additionally, deputies Jason Bishop and IN THE HOUSE OF REPRESENTATIVES CASEY Todd Martin of Montezuma County Sheriff's Thursday, June 4, 1998 HON. CHARLES E. SCHUMER Department were wounded as well. The death Mr. KUCINICH. Mr. Speaker, I rise to honor of officer Claxton as well as the injuries sus- OF NEW YORK tained by deputies Bishop and Martin remind the achievements and contributions of Fr. IN THE HOUSE OF REPRESENTATIVES John Charles Dalton, on the 50th Anniversary us that every day thousands of brave men and of his Ordination. Thursday, June 4, 1998 women put their lives on the line providing the Father Dalton entered St. Mary Seminary in Mr. SCHUMER. Mr. Speaker, I would like to thin blue wall between the law abiding citi- 1943 and was ordained five years later, by take a couple of minutes today to recognize zenry and lawlessness. June 4, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E1023 IN HONOR OF MRS. MARY L. banquet will be held at the Campino Res- RECOGNIZING SASHA SCHWARTZ LIDDELL taurant in Newark, New Jersey. FOR PARTICIPATION IN THE INTERNATIONAL MATH OLYM- HON. ALCEE L. HASTINGS f PIAD OF FLORIDA IN THE HOUSE OF REPRESENTATIVES THE 95TH ANNIVERSARY OF THE HON. CURT WELDON HARLEY-DAVIDSON MOTOR COM- OF PENNSYLVANIA Thursday, June 4, 1998 PANY OF MILWAUKEE, WISCON- IN THE HOUSE OF REPRESENTATIVES Mr. HASTINGS of Florida. Mr. Speaker, it is SIN Thursday, June 4, 1998 my privilege to rise today in order to publicly recognize a civic leader of South Florida, Mrs. Mr. WELDON of Pennsylvania. Mr. Speaker, Mary Liddell. HON. THOMAS M. BARRETT I rise today to recognize an outstanding stu- As some of you may know, Mrs. Liddell has dent from my districtÐAlexander (Sasha) B. OF WISCONSIN worked tirelessly for the students of the Dade Schwartz. Sasha, a sophomore student at Radnor High School, has won a place on the County Public School System. IN THE HOUSE OF REPRESENTATIVES U.S. Mathematics Olympiad Team which will Mary began her career as an elementary compete against seventy-five other nations in school teacher at Miami's Dubar Elementary Thursday, June 4, 1998 a two day, nine hour mathematical examina- School in 1964. Since then, she has served Mr. BARRETT of Wisconsin. Mr. Speaker, tion to be held this summer in Taipei, Taiwan. six schools in four decades. In each commu- on June 13, 1998, if you are shaken from your Sasha took part in the American Invitational nity, she has blessed her students with an un- bed in the middle of the night by a loud rum- Math Exam along with 250,000 other students common commitment to an education that nationwide. After being named one of the goes far beyond reading, writing, and arith- bling while your windows rattle and your floor shakes, don't worry, it's not an earthquake, it's 7,500 students who qualified for the United metic. States of America Math Olympiad, Sasha just Milwaukee going ``HOG WILD'' in anticipa- In addition to her long years of service to competed in a grueling six hour exam. As a the Dade County Public Schools, Mrs. Liddell tion of Harley-Davidson's 95th Anniversary. result of his extensive studying and prepara- is a leading community activist. As a rep- All around the country, HOG riders are sad- tion, Sasha tied for first place in the nation resentative of the March of Dimes, the YWCA, dling up and heading to the Midwest and the and was named to the National team. Armed numerous voter registration drives, and the great City of Milwaukee for a week-long cele- with only a compass, protractor, ruler, and Democratic Black Caucus of Dade County, bration of one of the world's most recogniz- pencil, Schwartz will lead the six-member she has demonstrated to her students first able American-made products, Harley-David- team in a two-day, nine-hour exam in Taipei, hand what it means to be an interested and Taiwan this coming July. son Motorcycles. concerned citizen. At a time when many question the quality of After more than 35 years serving the Dade I share my hometown of Milwaukee with our mathematic education in this country, Country Public Schools, Mary Liddell will be Harley-Davidson. After college, I even worked Sasha proves that the United States will retiring on June 19, 1998. The following on the factory assembly line for a summer. Its produce many of the best students in the evening, Miami's education and community commitment to excellence has established world. Sasha's exceptional achievement also service communities will be joining together to Harley-Davidson as a world-class corporation, speaks for the superb quality of our public celebrate her noteworthy career. Mr. Speaker, and its commitment to the Milwaukee commu- school systems in Pennsylvania, highlighting I ask for any colleagues to join me today as nity has established Harley-Davidson as a that of Radnor Township. we honor a truly great American. Mary has Mr. Speaker, I ask my colleagues to join me world-class corporate neighbor. And in the touched the lives of literally thousands of our in congratulating this amazing young man on children and for that we thank her. true spirit of corporate responsibility, Harley- his achievement and in wishing him and the f Davidson is sponsoring five-week-long rides to entire U.S. Mathematics Olympiad Team good Milwaukee from around the country and will luck in the upcoming competition in Taipei. IN HONOR OF HOST/SHPE GALA use the rides to raise funds for the Muscular f BANQUET Dystrophy Association (MDA). SALUTE TO THE PAINTSVILLE When Harley-Davidson issued its invitation MIDDLE SCHOOL COMMUNITY HON. ROBERT MENENDEZ to call its family home for this great celebra- FUTURE PROBLEM SOLVING OF NEW JERSEY tion, Milwaukee responded by dedicating its TEAM IN THE HOUSE OF REPRESENTATIVES resources to ensuring that this celebration will Thursday, June 4, 1998 be one for the ages. On June 13, Milwaukee HON. HAROLD ROGERS Mr. MENENDEZ. Mr. Speaker, I rise today will open its arms and welcome more than OF KENTUCKY to congratulate the Society of Hispanic Profes- 60,000 people to the city for a reunion cele- IN THE HOUSE OF REPRESENTATIVES sional Engineers (SHPE) at the New Jersey bration unparalleled in Milwaukee's history. Thursday, June 4, 1998 Institute of Technology (NJIT) for their second The city will host spectacular parades of mo- Mr. ROGERS. Mr. Speaker, on June 12th place finish at the SHPE National Academic torcycles winding their way through Milwaukee and 13th the members of the Paintsville Mid- Olympiad in Orlando, Florida. The NJIT team to the festival grounds. The reunion celebra- dle School Community Future Problem Solving was attempting to defend their 1997 Academic tion will feature national and regional enter- Team will be in Ann Arbor, Michigan, for the Olympiad National title, but narrowly lost to the tainment on eight stages located around the Future Problem Solvers of America national worthy team from Rice University. grounds and antique motorcycle displays, competition. The Collegiate Bowl Competition is in a demonstrations, games, auctions, raffles and This competition is an excellent opportunity Jeopardy format, but with a focus on engineer- an evening birthday celebration. for young men and women throughout our na- ing. The NJIT SHPE team did successfully de- tion to put their creative thought processes to fend its regional title by besting teams from Harley-Davidson's international success and work as they find workable, innovative solu- MIT, RPI and Stevens Institute of Technology. world-wide recognition for quality is epitomized tions to many of the problems that face our The NJIT SHPE team is a tremendous ex- by the international celebrations of its 95th An- schools, communities, states and nation. ample of the New Jersey Institute of Tech- niversary. In conjunction with the activities in The Paintsville Middle School Community nology's commitment to diversity and scientific Milwaukee on June 13, rides and celebrations Future Problem Solving Team has already excellence. Team members Rene Yandum, are scheduled for Prague, Czech Republic, demonstrated its outstanding problem solving Priya Singh, Omar Rodriguez, and Edward Mexico City, Mexico, Vancouver, Halifax and abilities by winning the State of Kentucky's Komenda have done their school and our cities in Asia and Australia. Problem Solving Competition. The group state proud. helped tackle a local school problem by trying These champions' accomplishments will be I congratulate Harley-Davidson for 95 years to find a way to help improve student perform- celebrated May 16 at the Hispanic Organiza- of service to motorcyclists across America and ance on state-required tests. tions of Students in Technology/Society of His- around the world and I am proud to be a part They analyzed the current situation and panic Professional Engineers of New Jersey of the celebration of this great American cor- came up with the idea of offering instant, con- Institute of Technology Gala Banquet. The poration. fidential, one-on-one help through a free E1024 CONGRESSIONAL RECORD — Extensions of Remarks June 4, 1998 Homework Hotline. The Team worked with the HONORING MR. CHESTER J. Kappler, Superintendent of Schools Robert local telephone company and school officials MACKOWIECKI OF AUBURN, MA, Walker and English teacher Carol Fishbone, to establish the Hotline, setting up both a tele- ON THE OCCASION OF HIS RE- who helped Mrs. Kappler shepherd the Blue phone line and an Internet chat room. The TIREMENT Ribbon application. As a former teacher and members of the Community Problem Solving school board member, I am proud of everyone Team manned the Hotline under the super- HON. RICHARD E. NEAL associated with this accomplishment. vision of adult volunteers and the 8th grade OF MASSACHUSETTS Of the thousands of middle schools and high schools across the United States, only members of the Team. IN THE HOUSE OF REPRESENTATIVES The response to the new Homework Hotline 166 this year were found to be outstanding was extremely positive. Students who used Thursday, June 4, 1998 enough to receive this high honor. Recipients the service became more adept at refining Mr. NEAL of Massachusetts. Mr. Speaker, I of the Blue Ribbon Schools Award have been their questions and moved away from one-line am privileged today to have the opportunity to judged particularly effective at meeting local, fact requests to research-based inquiries for acknowledge and honor my constituent, Mr. state and national goals. The award is pre- additional sources of information that they Chester J. Mackowiecki, on the occasion of sented to schools that have shown strong could access on their own. The Team is now his retirement from the field of education. Mr. leadership, a clear vision and sense of mis- considering continuing the program into next Mackowiecki, resident of Auburn, Massachu- sion, high quality teaching, challenging curricu- year. setts, has been an educator, administrator, lum, a safe environment for learning, solid evi- I want to congratulate all the members of and leader in education in the over 30 years dence of family involvement, evidence that the the Paintsville Middle School Community Fu- that culminate his career in education. His school helps all students achieve high stand- ture Problem Solving Team: Catlin Boswell, dedication to improving children's lives through ards, and a commitment to share best prac- Zachary Boswell, Ashley Boswell, Katie education is evident by his past involvement in tices with other schools. These schools clearly Brown, Hayley Castle, Elizabeth Combs, John and progression through the school system in display the quality of excellence necessary to Compton, Sashi Param, Malloree Collins, Webster, Massachusetts. prepare our young people for the challenges Katie Gilkerson, and John Petot. They have Mr. Mackowiecki began his career in 1959 of the next century. spent countless hours working on the Home- as a fifth grade teacher at the School Street Kittatinny Regional High School is located work Hotline project, and their dedication to School. He then moved to the Webster Inter- on 95 acres in Hampton Township and offers their community and fellow students should mediate School in 1961 where he served as a its 1,100 seventh-through-twelfth-grade stu- serve as an inspiration to us all. I also want fifth grade teacher until he was appointed As- dents a modern physical plant designed for to commend the Team's Coach, Brenda Por- sistant Principal. Shortly thereafter, Mr. learning. It includes more than 50 classrooms, ter, and the Team's advisors: Teresa Boswell, Mackowiecki served as Principal of the Inter- nine science labs, six computer labs, a media Larry Compton, Teresa Petot, and South Cen- mediate Annex and Filmer School until he was center, two gymnasiums, cafeteria, main of- tral Bell. Their support and guidance has been appointed to his present position of Principal fice, superintendent's office, a pool and eight invaluable in spurring the success of the Com- of the Park Avenue Elementary School. He athletic fields. A computer network has been munity Future Problem Solving Team. has served as a leader and mentor to all installed throughout the building. Each class- Mr. Speaker, the activities of the Problem those students and teachers that have had the room has a telephone, at least one computer Solvers are important, and we should support opportunity to learn and flourish under his ad- and a video connection. The computer labs their efforts. Today's problem solvers are to- ministration at Park Avenue Elementary over offer facilities ranging from word processing to morrow's problem solvers and community an astounding 28 year period! presentation software. leaders. I ask my colleagues to join me in con- Mr. Mackowiecki's 39 year commitment to An outstanding physical plant is, of course, gratulating the Paintsville Middle School Com- education and to providing quality education to worthless without an excellent teaching staff munity Problem Solving Team on a job well the children of Webster is a most admirable and Kittatinny's teachers have been recog- done, and to wish them the best of luck as achievement that should serve as an inspira- nized as some of the best in New Jersey. they compete in Ann Arbor, Michigan, next tion to all who enter the field of education. The Special education teacher Lynn Bishop and week. loyalty and pride that is felt toward him by his speech coordinator Marie Decker this year f colleagues and all teachers who have served jointly received the state Department of Edu- under his leadership is indicative of the posi- cation's Best Practice Award. Social studies TRIBUTE TO GARRY FREID tive atmosphere for learning that Mr. teacher Ellen Kolonoski received a grant from Mackowiecki fostered within the classrooms of the National Geographic Society Education HON. JIM DAVIS the Park Avenue Elementary School. Mr. Foundation and sociology teacher Pamela OF FLORIDA Mackowiecki will be greatly missed by all Bilby was chosen to participate in the Belfer IN THE HOUSE OF REPRESENTATIVES those who he has touched and influenced, National Conference for Education held by the U.S. Holocaust Memorial Museum. English Thursday, June 4, 1998 both young and old. I wish him many years of health, happiness, and peace during his retire- teacher Mary Jane Westra was the 1997 Mr. DAVIS of Florida. Mr. Speaker, I rise ment and am assured that the legacy he has Kittatinny Teacher of the Year and received today to honor Mr. Garry Freid, a constituent left in Webster Education will not be forgotten. the Paul Harris Fellow Award from the Newton of mine in Tampa who will celebrate his eighti- f Rotary. Computer assisted drafting teacher Bill eth birthday on Monday, June 8th. Meyer was the 1997 New Jersey Technology Mr. Freid has contributed tirelessly and self- CONGRATULATING KITTATINNY Teacher of the Year and received the 1996 lessly to his country, state, community, and REGIONAL HIGH SCHOOL Distinguished Alumni Award from the College family. His patriotism and citizenship continue of New Jersey. These are just a few of to shape the face of our nation and are held HON. MARGE ROUKEMA Kittatinny's award-winning teachers and I offer out as examples to all Americans. As a sol- OF NEW JERSEY my apologies to those I've left out. dier, businessman, and father, he helped mark IN THE HOUSE OF REPRESENTATIVES The school offers a wide variety of courses many milestones in the history of the United in English, mathematics, science, social stud- States. So now, it is with great respect and Thursday, June 4, 1998 ies, history, foreign languages, fine arts, tech- thanks that Congress and I acknowledge his Mrs. ROUKEMA. Mr. Speaker, I rise to con- nology, creative arts, health, physical edu- personal milestone today. gratulate Kittatinny Regional High School on cation and business. Many of the courses are As a child of immigrant parents, Mr. Freid receiving the U.S. Department of Education's given credit by Sussex County Community and his family represent the earnest fabric of prestigious Blue Ribbon Schools Award. College. A strong emphasis is placed on hon- our country. He endured the Great Depression This award recognizes that Kittatinny Re- ors courses and advanced placement courses. and World War II; his service record is a gional High School is one of the finest schools A successful school-to-career program helps source of great pride to his family. With his in our entire nation. This proves that public prepare non-college-bound students for direct wife Hannah, he prospered, raised four chil- education works and that our young people in entry into the workforce. dren, supported public education, became a Sussex County are among the best and The excellence of Kittatinny's academic pro- part of the workforce, and helped grow the city brightest. This accomplishment is the result of gram has been repeatedly recognized. Last of Tampa. Therefore, with thanks and rev- hard work on the part of students, their par- year, it was selected as one of 10 ``Star erence, we mark his personal triumph by say- ents, teachers and the Board of Education. Schools'' in New Jersey. It has received sev- ing congratulations. Special congratulations go to Principal Susan eral ``Best Practices'' awards in New Jersey. June 4, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E1025 Mock trial and other academic teams have HONORING ALEX KIRPNICK the State's Taxpayer Bill of Rights. It is for this earned state championship titles and athletic that I pay tribute to this organization on this teams have produced championship titles at HON. SILVESTRE REYES special anniversary. Their record of service to county, regional and state levels. OF TEXAS the people of New Jersey has been meritori- ous and for this I commend them. Management style at Kittatinny emphasizes IN THE HOUSE OF REPRESENTATIVES I want to congratulate all of the members of collaborative decision-making, site-based man- Thursday, June 4, 1998 the society and thank them for all of their agement and teacher/staff empowerment. Mr. REYES. Mr. Speaker, I rise today to years of dedication and service. It is a pleas- Committees deal with current and future honor Border Patrol Agent Alex Kirpnick, who ure to have many of the members as my con- needs of the school and allow the faculty to was shot and killed last night in Nogales, Ari- stituents and I wish every one of them future have a voice in changes in policy. zona. Alex and his partner came upon five success. Kittatinny students are well prepared by drug smugglers crossing just west of Nogales f their teachers, parents and role models in the and in the course of doing his job, Alex was killed. HOUSE CONCURRENT RESOLUTION community. They can rest assured they will be 286—UNDERSTANDING THE LINK able to handle whatever challenges they Alex Kirpnick immigrated to the United States from Russia 10 years ago. He had BETWEEN ANIMAL ABUSE AND choose in life. Once again, congratulations to been with the Border Patrol for 20 months and HUMAN VIOLENCE everyone involved in this impressive achieve- was a highly skilled agent who spoke eight ment. languages. I know from speaking to Alex's col- HON. TOM LANTOS leagues that Alex was a man of great char- OF CALIFORNIA f acter and he will be missed. IN THE HOUSE OF REPRESENTATIVES Alex was well-liked and respected by all COMMUNITIES IN SCHOOLS OF THE Thursday, June 4, 1998 those he worked with. Alex is survived by his LEHIGH VALLEY parents, Boris and Eta Kirpnick, and a sister, Mr. LANTOS. Mr. Speaker, I rise today to Zhanna, who live in California. I have never call attention to the strong link between vio- felt the pain of losing a child, but during my lence against animals and violence against HON. PAUL McHALE tenure as Border Patrol Chief in Texas, I lost people, and to call to the attention of my col- OF PENNSYLVANIA many good officers. I would like to extend my leagues House Concurrent Resolution 286 condolences to Alex's family and to his col- which urges greater attention to identifying IN THE HOUSE OF REPRESENTATIVES leagues in Nogales who have lost a dear and treating individuals who are guilty of vio- Thursday, June 4, 1998 friend and a good agent. lence against animals because of the link be- As a former border patrol chief, I know the tween abuse of animals and violence against Mr. MCHALE. Mr. Speaker, in this season of sacrifices made by the men and women on humans. The resolution also calls for addi- graduation throughout the country, today I our border, protecting our communities. I ask tional research to increase our understanding would like to highlight the achievements of a all of my colleagues to remember Alex and the of the connection between cruelty to animals very special group of students. Four years often thankless job he performed each and and violence against humans. ago, Communities In Schools of the Lehigh every day. Alex faithfully served our nation After the recent school shootings in Arkan- Valley created a new ``Academy'' within Wil- and protected our communities while serving sas and Oregon, heavy attention has been liam Allen High School in Allentown, PA, in my on our nation's border and we owe Alex a paid to the early signs of the potential for chil- district. Young people who were at risk of great debt of gratitude for his service and dren to commit violent crime. It is no coinci- dence that the accused in these two tragic dropping out of school were identified and commitment. cases are juveniles with disturbing histories of asked to participate in this new program. With f animal cruelty and abuse. Mr. Speaker, it is the support of the Allentown School District, RECOGNIZING THE NEW JERSEY common sense knowledge that any individual an innovative curriculum was created and in- SOCIETY OF CERTIFIED PUBLIC who harms animals cruelly and deliberately is stituted by two teachers: James R. Gollatz and ACCOUNTANTS ON THEIR 100TH not otherwise well adjusted. Darryl Skrovanek. Mr. Gollatz was recently ANNIVERSARY Mr. Speaker, the FBI already lists violence honored as a ``Teacher of the Year'' at the against animals as a behavioral trait and char- high school. Mr. Skrovanek has taken a lead- HON. MICHAEL PAPPAS acteristic of violent offenders. Almost all serial ership role as President of the Allentown Edu- OF NEW JERSEY killers are known to have abused animals. In- cation Association. IN THE HOUSE OF REPRESENTATIVES deed, cruelty toward animals is often a sign of mental disturbance in both children and adults. The students recruited into the program Thursday, June 4, 1998 found a safe place where they could success- Teachers, principals, parents, and law en- fully learn and prepare for life. When addi- Mr. PAPPAS. Mr. Speaker, I rise today to forcement officers must all be encouraged to tional services were needed to help, Commu- honor the New Jersey Society of Certified recognize this connection and to take Public Accountants in commemoration of their nities In Schools forged partnerships with incidences of animal cruelty seriously. An 100th anniversary. I am honored to recognize abused animal is often a sign that a spouse, scores of other organizations to meet these this outstanding association for all that they a child, or an elder in the household is or may needs. These students found the resources have done for the state of New Jersey and its become the victim of aggression and abuse. A within themselves, in the school, and in the citizens. Each year, many New Jersey resi- pet may be a surrogate target of violence. community to meet their challenge. They dents turn to these professionals to help sort Abuse of a household pet often fuels violent stayed in school. through the countless number of forms and tendencies that are a precursor to acts of vio- Next week, on June 10th, 1998, this group regulations that the Internal Revenue Service lence against family members and others. of young adults will accomplish something per- puts out. It is often our CPA that we can thank Violence against animals co-exists with and haps they and others doubted they could do: for keeping our family or business in compli- precedes violent crimes, especially crimes of they will graduate with a diploma from William ance with the laws. domestic violence. The Federal Government Allen High School. Mr. Speaker, please join The New Jersey Society of Certified Public must not overlook this correlation. By studying me in recognizing the accomplishments of: Al- Accountants was founded on January 19, this link, we can increase awareness and un- bert Albino, Saywood Cross, Brent Davis, The- 1898 in Newark, New Jersey and has served derstanding of violent crime and the potential resa Duch, Lazarus Figueroe, Jeffrey Freer, the community ever since. They have experi- violent crimes in our homes, in our schools, Zila Gonzalez, Shane Heiser, Stephen Her- enced significant growth and change in their and in our communities. century of existence. Similarly, they have also Furthermore, we must reject the notion that tzog, Mellisa Koehler, Peter Macias, Mathew sparked much growth and prosperity in part- violence against animals is simply normal so- Reese, Shuree Riddick, Jennifer Seltzer, Jes- nership with New Jersey businesses and citi- cietal behavior. If we treat cruelty to animals sica Snyder, and Lindsey Wargo. zens. with a dismissive ``boys will be boys,'' we may I know you join me in offering heartfelt con- The organization has encouraged modifica- well be ignoring critical initial signs that may gratulations and best wishes for all their future tions in the tax rate, has supported state tort lead to violent behavior and we may be pass- endeavors. reform, and was instrumental in the creation of ing up an opportunity to take action to prevent E1026 CONGRESSIONAL RECORD — Extensions of Remarks June 4, 1998 a future tragedy. By allowing children and (2) urges social workers, teachers, mental allow a Medicare beneficiary to select an OB± adults to abuse animals without sanction, Mr. health professionals, and others to be aware GYN as her primary care provider if she so Speaker, we are ignoring an important tool in of the connection between animal cruelty chooses. It would also prohibit health plans and human violence and to evaluate care- the fight against domestic violence and an im- fully and to monitor closely individuals who from requiring women to obtain prior author- portant tool in helping to prevent other tragic have a history of abusing animals because ization before obtaining routine gynecological acts of violence such as those we have seen this may indicate a propensity to commit vi- care. in Arkansas and Oregon. olence against other humans; An issue of real concern to people in man- Mr. Speaker, the legislation I have intro- (3) urges appropriate Federal agencies to aged care plans, and those thinking of joining duced today with the cosponsorship of thirteen encourage and support research to increase them, is that doctors come and go from health of our colleagues expresses the sense of Con- the understanding of the connection between plans, resulting in a loss of continuity of care gress that appropriate Federal agencies thor- cruelty to animals and violence against hu- for patients during those transitional times. oughly support and incorporate research on mans in order to utilize instances of animal The Medicare Consumer Bill of Rights Con- abuse to identify and intervene with poten- the connection between acts of cruelty against tially violent individuals, and urges federal forming Act would create short-term protec- animals and humans. Furthermore, it recog- agencies which are undertaking research on tions for Medicare patients in such situations. nizes the validity and significance of this link. violent crime and its causes to incorporate Patients undergoing a course of treatment Mr. Speaker, I urge my colleagues to join examination of the link between violence when a health care provider is terminated from me in encouraging research and awareness against animals and violence against hu- the plan would be able to continue that care about this disturbing connection between vio- mans; with the same provider for up to 90 days. lence against animals and violence against (4) urges local law enforcement officials to Cases involving institutionalization, pregnancy people. I ask that the full text of this resolution treat cases of animals cruelty seriously both or terminal illness could have longer periods of because such cruelty is a crime in its own be placed in the RECORD. right in all 50 states and because it is a reli- transitional coverage. In all instances, the pro- H. CON. RES. 286 able indicator of the potential for domestic vider would need to accept the payment rate Expressing the sense of the Congress re- and other forms of violence against humans; of the patient's health plan in order to qualify garding the link between violence against and commends the fine work of local animal for continued participation. animals and violence against humans and control officials and humane investigators The Medicare Consumer Bill of Rights Con- urging greater emphasis upon identifying who enforce laws against animal abuse and forming Act is a small but important piece of and treating individuals who are guilty of vi- urges these professionals to work more close- legislation that would ensure Medicare bene- olence against animals, which is a crime in ly with local law enforcement personnel to ficiaries of a basic set of consumer protec- its own right in all 50 states, in order to pre- identify and prevent potential violence against humans. tions. These protections are not controversial. vent violence against humans and urging re- They were endorsed by the President's Qual- search to increase understanding of the con- f ity Commission, which included representa- nection between cruelty to animals and vio- lence against humans. THE MEDICARE CONSUMER BILL tives of big business, insurers, small business, Whereas as urgent need exists to prevent OF RIGHTS CONFORMING ACT labor, consumers, seniors, and the managed violence, especially among juvenile offenders care industry. This is a very small step for and in domestic situations; Congress to take to provide Medicare with the Whereas a strong correlation between ani- HON. FORTNEY PETE STARK authority to enact these protections for our na- mal abuse and violence against humans has OF CALIFORNIA tion's seniors and disabled population. I look been documented by criminal profiling ex- IN THE HOUSE OF REPRESENTATIVES forward to working with my colleagues to perts associated with the Federal Bureau of Investigation, who have identified cruelty to Thursday, June 4, 1998 enact this sensible, non-controversial legisla- animals as one of the three traits often tion. Mr. STARK. Mr. Speaker, earlier this year, f found in the ‘‘homicidal traid’’ which indi- President Clinton issued an Executive Memo- cates the characteristics of a violent person- ality; randum directing all Federal health plans, INTRODUCTION OF LEGISLATION Whereas a disproportionately high number which serve over 85 million Americans, to TO REDUCE MARRIAGE PENALTY of violent killers in the prison system admit come into substantial compliance with the OF EARNED INCOME TAX CREDIT to having abused animals, and virtually Consumer Bill of Rights recommended by the every serial killer and many violent killers President's Quality Commission. HON. RICHARD E. NEAL have a history of abusing animals; The Advisory Commission on Consumer Whereas many of the recent cases of school OF MASSACHUSETTS Protection and Quality in the Health Care In- IN THE HOUSE OF REPRESENTATIVES violence have involved students with a his- dustry recommended: Consumer information tory of abusing animals; Thursday, June 4, 1998 Whereas individuals who deliberately disclosure; choice of providers and plans; ac- abuse animals are more likely to abuse their cess to emergency services; consumer partici- Mr. NEAL of Massachusetts. Mr. Speaker, spouse and their children or otherwise be in- pation in treatment decisions; nondiscrimina- along with Representatives MCDERMOTT and volved in violent crimes; tion protections; confidentiality of health infor- KENNELLY, I am introducing legislation which Whereas some experts believe that abusing mation; access to complaints and appeals addresses the marriage penalty of the earned animals may increase or fuel the desire to processes; and, a recognition of consumer re- income tax credit (EITC). Recently, there has commit violence against humans in certain sponsibilities. been a lot of talk about reducing the marriage disturbed individuals; Whereas animal cruelty is violence and The Medicare program is already meeting penalty. Several bills have been introduced to should be recognized as such when assessing most of these standards, but there are two reduce the penalty. In addition, the House an individual’s propensity to commit future specific components of the Consumer Bill of Budget Resolution includes a provision to re- acts of violent crime; Rights that cannot be enforced in Medicare duce the marriage penalty. Whereas intentional animal abuse is an without a statutory fix. Both provisions affect The focus of reducing the marriage penalty early warning signal that individuals, in- the choice of plans and providers. The first has been geared toward middle income and cluding young people, could perpetrate vio- would grant women direct access to obstetri- upper income families. Senator PHIL GRAMM lent crimes against other individuals; and cians and gynecologists, the second would was the first Member of Congress to bring at- Whereas laws against cruelty to animals have been enacted in all 50 states and pro- grant transitional care protections to patients tention to the marriage penalty of the EITC. vide penalties for the purposeful torture and who are undergoing a course of treatment and Senator GRAMM is attempting to amend the to- killing of animals, and the enforcement of faced with an involuntary change in health bacco legislation. His amendment addresses these animal abuse laws provide law enforce- plans or their doctor leaving the plan. the marriage penalty for families with lower in- ment officials with an opportunity to bring Today, I rise with my Democratic colleagues comes and the marriage penalty of the EITC. potentially violent offenders into the crimi- from the Ways and Means Health Subcommit- Today, we are introducing legislation which nal justice system before they commit more tee to introduce ``The Medicare Consumer Bill addresses part of the marriage penalty in the serious crimes against humans; of Rights Conforming Act'' which creates stat- current Tax Code by increasing the phase-out Now, therefore, be it Resolved by the House of Representatives (the utory authority for Medicare to fully enforce the of the EITC for joint filers with qualifying chil- Senate concurring), That the Congress— President's Quality Commission's Consumer dren. This legislation increases the phase-out (1) recognizes that individuals who abuse Bill of Rights. by $3,500. In 1999, the current law phase-out animals are more likely to commit more se- The Medicare Consumer Bill of Rights Con- is $12,520 and this bill increases it to $16,020. rious violent crimes against humans; forming Act would require health plans to The substantive effect of this bill is the same June 4, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E1027 as the EITC provision in Senator GRAMM's ple, when a consumer dials a number to learn ism at the School of Marques Sterling, Univer- amendment. about a product, get sports scores, or hear sity of Havana, because during those years This legislation complements legislation in- their horoscope, their home telephone number Venezuela did not have an institution of higher troduced by Reps. MCDERMOTT and KLECZKA. is often captured through a number identifica- education that taught this field. He graduated Their bill increases the standard deduction for tion system. Crammers then use the tele- from the university in Cuba in 1952. His inter- those filing joint returns. The bill I am introduc- phone number to submit bogus charges to the est in learning more about journalism moti- ing today and the McDermott/Kleczka bill pro- consumer's local telephone company. Worse, vated him to attend specialized seminars in vide a realistic solution to the marriage penalty crammers are not limited to finding victims the field. He also obtained a designation as a that addresses the issues at all income levels. through incoming calls. The white pages direc- historian of baseball and has taught 73 I urge you to join me in reducing the mar- tory lists their potential prey in alphabetical courses on this field. riage penalty associated with the EITC. This order. Again, the crammer simply selects tele- Mr. Vene writes a daily syndicated column legislation will help working families who are phone numbers at random and submits bogus on baseball for numerous newspaper in the trying to stay off welfare. charges for billing. United States, Puerto Rico, the Dominican Re- f Some crammers use names on telephone public, Mexico and Venezuela. He was a bills that intend to mislead or confuse the con- sports commentator for the Voice of America. H.R. 3990, THE ‘‘ANTI-CRAMMING sumer. They will call themselves ``F.C.C.'', for He is also credited with being the first to PROTECTION ACT OF 1998’’ example, in an attempt to be mistaken for a launch a Spanish-language radio network to government agency. Or they will use a name provide detailed coverage of the history of baseball, the training of baseball players, and HON. JOHN D. DINGELL like ``Enhanced Services'' that may be mis- all the games of the Major Leagues. The pro- OF MICHIGAN taken for other legitimate charges the con- gram aired in 11 countries. IN THE HOUSE OF REPRESENTATIVES sumer has ordered. In addition, there is often He has produced many TV shows on base- Thursday, June 4, 1998 a middleman involved that submits billing to ball including, ``Play Ball'', ``El Mundo en su the local telephone service provider on behalf Mr. DINGELL. Mr. Speaker, I rise today to Marcha'', ``Los Cuadros del Pueblo'', ``La of multiple vendors, further complicating mat- Historia del Beisbol'', ``Magazine'', ``Juan Vene introduce H.R. 3990, the ``Anti-Cramming Pro- ters for consumers who want to dispute a tection Act of 1998'' to protect the American en AccioÂn''. He also belongs to the team of charge. These charges are typically in the $3 producers and writers of Major League Base- public from those that perpetrate the unfair to $5 range in an attempt to fall below the and anti-competitive outrage known as ``cram- ball Productions. Mr. Vene is a member of the consumer's radar screen. Of course, these Baseball Writer's Association of America and ming.'' Crammers are companies that impose charges add up. phantom charges on customers' telephone the Society for American Baseball Research. Many more choices are available to con- He is married and has four children and one bills without their knowledge or consent. sumers today to make purchases of goods In this information age, consumers are in- grandchild. and services they want and need. Unfortu- At age 68, Mr. Vene talks about covering creasingly turning to their telephones not only nately these benefits also create many more baseball with the same excitement and pas- to communicate with their friends, family, and opportunities for consumer confusion and sion that he has demonstrated throughout his business associates, but as a device for en- fraud. Mr. Speaker, we need tough legislation life. According to an interview conducted by gaging in electronic commerce. With this legis- to stop bad actors who are cramming bogus Bob Shannon, which was published in ``New lation, we can ensure that consumers have charges onto our constituents' phone bills. The World'' in London, when he was asked what protections from those who would swindle ``Anti-Cramming Protection Act of 1998'' pro- he would do next in his life, Mr. Vene re- them simply because they use their telephone. vides the tools needed to solve this problem. sponded that he will probably write an ency- This legislation entitles consumers to have f clopedia on the history of baseball in Latin crammed charges dropped from their tele- America and Spain. When he was asked what ´ phone bills if they dispute the charges within TRIBUTE TO MR. JUAN VENE sports he likes other than baseball, he re- 90 days of receiving their telephone bill. The sponded: ``As Babe Ruth once said, `Is there bill authorizes State Attorneys General to sue HON. JOSE´ E. SERRANO any other sport?' ''. crammers under Section 5 of the Federal OF NEW YORK Mr. Speaker, I ask my colleagues to join me Trade Commission (FTC) Act to protect con- IN THE HOUSE OF REPRESENTATIVES in recognizing Mr. Jose RafaeÂl Machado sumers in their States from crammers. The bill Yanes, writing as Juan VeneÂ, for his great requires the FTC to write rules to outlaw unfair Thursday, June 4, 1998 contributions to reporting and recording the and deceptive acts and practices in connec- Mr. SERRANO. Mr. Speaker, I rise to pay history of our beloved national sportÐbase- tion with billing for products or services on tribute to Mr. Juan VeneÂ, one of the most ball. telephone bills. These rules would ensure that knowledgeable and experienced sports report- f such charges are authorized by the consumer ers and writers about baseball in the history of and are easily identifiable on the consumer's this sport. GLENN ‘‘JEEP’’ DAVIS telephone bill. Also, subscribers would be per- Mr. Vene was honored for his achievements mitted to block telephone billing of miscellane- and dedication to writing about baseball by the HON. THOMAS C. SAWYER ous products and services at their own elec- organization Latino Sports. The banquet din- OF OHIO tion. Finally, telephone companies would be ner in his honor was held at the Grand Hyatt, IN THE HOUSE OF REPRESENTATIVES authorized to discontinue billing on behalf of in New York City, on October 30. Thursday, June 4, 1998 known crammers. Mr. Jose RafaeÂl Machado Yanes, better Mr. SAWYER. Mr. Speaker, on Sunday, Cramming is a spreading problem. Cram- known by his pen name of Juan VeneÂ, was June 7, 1998, one of Barberton, Ohio's favor- ming is one of the most frequent sources of born in Caracas, Venezuela in 1929. ite sons will be honored. A statue of Glenn consumer complaints at the Federal Commu- His career as a reporter started in 1947, ``Jeep'' Davis will be unveiled as part of a nications Commission (FCC). Moreover, since and since then he has dedicated every single community-wide celebration of an extraor- cramming is a relatively new breed of con- day of his life to his profession as a director, dinary athlete, teacher, and example for us all. sumer fraud, existing law is inadequate to pro- editor, investigative reporter, columnist, sports If there is an award in amateur athletics, vide consumers needed protection. Since the writer, radio and TV commentator. The Span- Glenn ``Jeep'' Davis has probably won it. If FCC began recording cramming complaints in ish newspaper El Diario/La Prensa in New there's a hall of fame, he's probably in it. December, it has processed nearly two thou- York City has honored him for each of the Jeep won three Olympic Gold Medals. He sand complaints. Local telephone companies past 11 years as the most distinguished re- took the Olympic Gold in 1956 in the 440y In- also have received thousands of complaints, porter who writes about the Yankees and the termediate Hurdles. His Gold Medal win was and that number is rising rapidly. Worse, since Mets. no surprise. Earlier in the year during the crammed charges are usually undetected by Mr. Vene holds the record as the only Olympic trials, Jeep became the first man to the consumers who are victimized, many sports reporter in the United States and Latin break the 50-second barrier in that event. In cases go unreported. Without tough legisla- America who has covered every World Series 1960, he doubled his Gold Medal accomplish- tion, the number of victims is certain to rise, for the past 37 years. ment. That year, he defended his Olympic title and legitimate competition will be stifled. He was born with the passion for writing with a second Gold Medal in the 440y Inter- How do crammers get away with this trick- and reporting about the sport of baseball. Mr. mediate Hurdles and went on to win another ery? Their creativity is boundless. For exam- Vene went to Cuba in 1948 to study journal- Gold Medal in the 4x400 Relay. E1028 CONGRESSIONAL RECORD — Extensions of Remarks June 4, 1998 Jeep set eight World Records and won a My congratulations to him; his wife, Jan, IN HONOR OF PROFESSOR NCAA title in addition to the Olympic gold. He and his three children. EDWARD REICHBACH also played two years in the National Football Secondly, I would like to also extend my League for the Detroit Lions even though he congratulations to the tournament MVP, Chris HON. ILEANA ROS-LEHTINEN had never played college football. D'Amato. D'Amato, who is also the team co- OF FLORIDA Perhaps his most fitting tribute was in 1958 captain, batted .786 in the tournament and fin- IN THE HOUSE OF REPRESENTATIVES when Jeep won the prestigious James E. Sul- ished the season with a 20-game hitting livan Award. That award has been presented streak. He will be starting a student teaching Thursday, June 4, 1998 annually since 1930 by the U.S. Amateur Ath- position in the fall, and this will complete his Ms. ROS-LEHTINEN. Mr. Speaker, I pay a letic Union recognizing our nation's most out- studies in physical education. D'Amato hopes respectful tribute and congratulate a man I am standing amateur athlete. But the award is to coach baseball as a future career. My best proud to call my former college professor, Dr. about more than athletic performance. The wishes for his future with the game. Edward Reichbach, on his well earned retire- Sullivan Award is given to the athlete who, Each of the other players, assistant coaches ment. ``By his * * * performance, example and influ- and everyone associated with the team should Dr. Reichbach was a member of the found- ence as an amateur, has done the most dur- be commended for their efforts. This has been ing faculty at my alma mater, Florida Inter- ing the year to advance the cause of sports- an amazing year for an excellent program, national University. He will retire this June manship.'' and I wish all of them the best for the future. after forty-four years of being an educator. No finer tribute could be given, and no one Throughout his career he prepared both ele- has been more deserving of it, than Glenn f mentary grade students and trained college ``Jeep'' Davis. students to become teachers, guiding them to- Glenn ``Jeep'' Davis' remarkable career PERSONAL EXPLANATION ward graduate degrees. Concentrating in the began in Barberton, Ohio where he single- field of Social Studies, Dr. Reichbach taught handedly won Barberton High School the 1954 HON. J.D. HAYWORTH mostly minority students to become elemen- Ohio state high school title in track and field. OF ARIZONA tary school teachers in south Florida. Best of all, Jeep returned to Barberton where IN THE HOUSE OF REPRESENTATIVES As a college professor, he urged his stu- he continued his distinguished career as a dents to make teaching Social Studies fun and Thursday, June 4, 1998 coach, a teacher, and a mentor. Today, with enjoyable by emphasizing why historical hurdles far behind, he remains an inspiration Mr. HAYWORTH. Mr. Speaker, yesterday, events occurred and what effect they had on to the people of Barberton and to everyone June 4, 1998, I missed roll call votes 193, the people, particularly children, of the time. who remembers his outstanding athletic 194, and 195 because I was attending former Dr. Reichbach's classes at Florida Inter- achievements. Arizona Senator Barry Goldwater's funeral. national University soon became a favorite as f Had I been present, I would have voted ``aye'' he was able to capture the attention and ado- on all three votes. ration of his students through his wit and inno- TRIBUTE TO CONNECTICUT STATE vating teaching techniques. UNIVERSITY WARRIORS f During his tenure, Dr. Reichbach conducted THE ALAMEDA COUNTY workshops throughout the country and partici- HON. SAM GEJDENSON DESALINATION PROGRAM pated in travels to India, China and Africa to OF CONNECTICUT speak on Social Studies topics. During his IN THE HOUSE OF REPRESENTATIVES HON. FORTNEY PETE STARK travels, he was fortunate to meet with impor- Thursday, June 4, 1998 tant leaders, such as Indira Ghandi, with OF CALIFORNIA whom he discussed the problems confronting Mr. GEJDENSON. Mr. Speaker, I rise today IN THE HOUSE OF REPRESENTATIVES the Indian education system. to pay tribute to the Eastern Connecticut State Thursday, June 4, 1998 This month, Dr. Reichbach and his wife Ju- University Warriors, a college baseball team in dith will be traveling in a motor home to revisit my district that took home the national Division Mr. STARK. Mr. Speaker, I rise today to an- the historical and geographical sites, in both III title on May 28. The accomplishments of Di- nounce the introduction of important legislation the U.S. and Canada, that he lectured on for vision III teams are frequently overlooked, and that will benefit the people in Alameda County, forty-four years. I believe we should all take the time to recog- California. In honor of Dr. Edward Reichbach's vast ac- nize the extraordinary efforts made by both I have introduced a bill that would authorize complishments and outstanding achievements, the players and coaches. the construction of the Alameda County Brack- I ask my Congressional colleagues to join me As we in Congress all know, NCAA Division ish Water Desalination plant. This plant would in honoring and congratulating him on his well- III programs are not allowed to offer scholar- treat the water from San Francisco Bay that deserved retirement. ships or other financial incentives to their play- has been creeping into the groundwater used f ers. These college athletes truly play for a by residents of my district in Alameda County. love of the game. These students put in as The water would either be directed for resi- A CELEBRATION OF FORTY YEARS much time and effort into the sport as any dential use or be put back into the ground. OF PRIESTHOOD: THE REVEREND other college athletes, even though there is lit- This project will decrease our dependability WILLIAM J. SHIELDS tle media coverage and less fanfare. on water imported from the San Francisco Bay This Division III team's return to Connecticut Delta and help us reclaim our groundwater HON. ROBERT A. BORSKI last Thursday, however, met with a great deal basin. Additionally, this plant will improve the OF PENNSYLVANIA of fanfare. On their route back to the campus water quality and availability for almost IN THE HOUSE OF REPRESENTATIVES in Wilamantic, the team members and coach- 300,000 people in Fremont, California and the es were met with a police escort. The students surrounding areas. Thursday, June 4, 1998 sat on a flatbed truck, which paraded them This bill would authorize construction of the Mr. BORSKI. Mr. Speaker, I rise today to onto campus, where some 250 fans were plant under the Reclamation Wastewater and pay a special tribute to Reverend William J. waiting to greet them at a celebration. Groundwater Studies Act and will cost $30 Shields in honor of his forty years of priest- This recognition is well-deserved. The War- million. The bill makes specific provisions to hood. riors blew out their opponent 16±1 in the Divi- exclude the U.S. Government from incurring Father Shields has brought a wealth of sion III finals last Wednesday in Salem, Vir- any costs associated with the operation of the knowledge, sensitivity, inspiration, and service ginia. Among this fine group of athletes and plant and limits the total federal expenditures to all that have encountered his wisdom. He coaches, I would like to especially recognize a to 25% of the total construction cost. This one- was born in the ``Swampoodle'' section of few. time appropriation for construction will go a North Philadelphia, near St. Columba's Church First of all, I would like to congratulate long way to ensure water quality and acces- at 24th and Lehigh. Father Shields likes to re- Coach Bill Holowaty. This marks his third na- sibility for the people of Alameda County. mind us that he was born in the shadow of the tional title in his 30-season coaching career at I urge my colleagues to support this impor- old Connie Mack Stadium. Eastern Connecticut. Coach Holowaty has a tant project and to take action soon to allow The young William Shields was extremely winning percentage of .725, making him the the Bureau of Reclamation to proceed with the involved in the Parish Scouting Troop #22. second-winningest active coach in Division III. feasibility study. After graduating from St. Columba's Grade June 4, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E1029 School, Father Shields then went to Roman gress do give the IRS the authority to enforce erate injustice or corruption, always fight Catholic High School at Broad and Vine the tax laws, only Congress, and specifically demagogues of all parties, never lack sym- Streets, the oldest Catholic High School in the the House Ways and Means Committee, has pathy with the poor, always be drastically nation. He graduated from Roman in 1948 and the Constitutional authority to originate new independent, never be afraid to attack wrong, began his college career at St. Charles Semi- tax laws. whether by predatory plutocracy or predatory nary in Philadelphia. He received his B.A. in Enactment of this legislation will resolve this poverty.'' Philosophy in 1954 and then began graduate issue, and both the taxpayers in the petroleum The residents of the News-Dispatch will studies in Theology. He completed his Theo- storage industry as well as the IRS will be mark June 4th with the hope and assurance logical studies in 1958 and was ordained to saved the millions of dollars which would oth- that the newspaper will continue to have a the Priesthood by Cardinal John P. O'Hara, erwise be spent disputing the correct depre- similar impact for many years into the future. Archbishop of Philadelphia. ciation time. I urge my colleagues to join us in f The young Father Shields began his priest- cosponsoring this important bill. AUDREY A. STRICKER HONORED hood at St. Ambrose Parish in Schuylkill f BY COOPERATIVE OF AMERICAN Haven. After that a succession of appoint- MICHIGAN CITY NEWS DISPATCH PHYSICIANS, INC. ‘‘21ST CEN- ments took him to Shillington, Hamburg, Shen- TURY WOMAN OF MEDICINE’’ andoah, Allentown, Catasauqua, and Lansford 60TH ANNIVERSARY CELEBRA- and Reading. He then went to Weatherly, TION DAY where he spent 22 years as the Pastor of St. HON. GEORGE W. GEKAS OF PENNSYLVANIA Nicholas Parish. In 1995 Father Shields retired HON. TIM ROEMER IN THE HOUSE OF REPRESENTATIVES and now resides at Holy Family Villa in Beth- OF INDIANA lehem. IN THE HOUSE OF REPRESENTATIVES Thursday, June 4, 1998 Father Shields is a man of many interests. Thursday, June 4, 1998 Mr. GEKAS. Mr. Speaker, I want to bring to The greatest of his interests is people. He has your attention that Audrey A. Stricker, a native a genuine and abiding interest in the people Mr. ROEMER. Mr. Speaker, Thomas Jeffer- born and raised Pennsylvanian who did her around him. He loves his family. He loves son once said of newspapers: ``The basis of early nursing training in Pittsburgh, has de- Philadelphia and its history. He has a great our government being the opinion of the peo- voted 30 years to the field of medicine in love of church music. He has an appreciation ple, the very first object should be to keep that evolving capacities and is returning home from and love of architecture as he repeatedly ar- right; and were it left to me to decide whether Los Angeles, CA to the East Coast this month. gues, ``Don't look down. Look up and see the we should have a government without news- On June 17, 1998, the Cooperative of Amer- tops of the buildings!'' He loves Cape May. He papers, or newspapers without a government, ican Physicians-Mutual Protection Trust (CAP± loves travelingÐmeeting new people and see- I should not hesitate a moment to prefer the MPT) is honoring Ms. Stricker at their Los An- ing new scenes. But above all, he loves lan- latter.'' geles headquarters on her retirement to ex- guageÐwords and concepts. Today, June 4th, one of the great papers in press their appreciation for her 19 years of On Sunday, May 17, 1998 Saint Columbkill the State of Indiana, the Michigan City News- service to CAP±MPT. The mission of the Co- Church in Boyertown, Pennsylvania, gathered Dispatch, marks 60 years of continuous publi- operative of American Physicians, Inc. is to to honor Father Shields on his Fortieth Anni- cation as a daily newspaper. Formed by the provide risk reduction and financial protection versary of his priestly ordination. With great merger of the Michigan City News and the services of the highest quality for physicians love and admiration, his friends and family Evening Dispatch in 1938, the News-Dispatch and affiliated groups, and to promote member- came to celebrate a good friend, a good has compiled an outstanding record of profes- ship in the interindemnity trust (MPT). The priest, a good pastor, and a good Christian sionalism and public service. Michigan City mission of the Mutual Protection Trust is to man. I am proud to extend to him my most and the State of Indiana are fortunate to have provide the highest quality, cost effective pro- heartfelt good wishes in honor of his forty year a newspaper that sets such a high standard fessional liability protection services for quali- achievement. for community service and journalistic com- fied member physicians and affiliated entities. CAP±MPT continues to strive to put doctors in f petence. The News-Dispatch is an exceptional news- charge of the business of medicine with its 13 INTRODUCTION OF LEGISLATION paper in a variety of ways. Allow me to men- physician member Board of Directors led by tion a few examples. First, the dedicated and President and Chairman Darwood B. Hance, HON. PHILIP M. CRANE devoted staff of the News-Dispatch produce a M.D. and its 5 physician member Board of newspaper that is consistent in the high qual- Trustees led by Chairman J. Michael OF ILLINOIS Wormley, M.D. CAP±MPT, as it did in its be- IN THE HOUSE OF REPRESENTATIVES ity of its content. Even though the newspaper has recently changed ownership, the News- ginning 21 years ago in response to the Cali- Thursday, June 4, 1998 Dispatch has retained its reputation as a reli- fornia crisis in medical malpractice liability in- Mr. CRANE. Mr. Speaker, I rise to com- able source of the community's daily informa- surance, remains a physician directed enter- mend to the attention of my colleagues legisla- tion. prise. Ms. Stricker's early career was devoted to tion that I am introducing today with my fellow Second, the News-Dispatch has been ac- front-line management and delivery of medical Ways and Means Committee member, ROB- tively involved in and devoted to improving the care at various hospitals from 1968 until 1979, ERT MATSUI. Michigan City community. From the very be- including: Shadyside Hospital, Pittsburgh, PA Quite simply, this bill will clarify the length of ginning of its publication, the News-Dispatch as an Operating Room and Recovery Room time which petroleum storage facilities are de- has successfully pursued projects such as Supervisor; Director of Operating and Recov- preciated for tax purposes. Since 1981 the pe- helping to rid crime from Michigan City; finan- ery Room Services at Northridge General troleum terminal industry has depreciated this cially supporting area children's groups; and Hospital, Fort Lauderdale, FL; and finally as property over a 5 year time period. Recently, promoting community pride and civic participa- Asst. Director of Nursing, Operating Room however, the Internal Revenue Service (IRS) tion. Services at Cedars Sinai Medical Center in has challenged this practice. Instead, the IRS Third, the News-Dispatch has been devoted Los Angeles. During this period, Ms. Stricker has suggested that the correct depreciable life to ensuring that local businesses receive sup- pursued a quest of knowledge and personal for petroleum storage facilities is 15 years. My port from the area. By initiating a successful growth that mirrors the changing times in med- bill will end this debate and state that petro- campaign for the development of a municipal ical practice in the United States by enhancing leum storage tanks may be depreciated over airport, voicing the need for more trade within her skills from an R.N. Degree obtained in five years. the area, and by organizing a developmental Pittsburgh, PA to a B.S. in Nursing Degree Congress has changed the depreciation advisory counsel, the News-Dispatch has not from the University of Buffalo, N.Y. Continuing rules for numerous properties since 1981, but only voiced its concern about the livelihood of in the path of expanding her medical expertise we have not acted to specifically change the area businesses, but also taken action to en- and horizons while serving at Cedars Sinai depreciation rules for petroleum storage tanks. sure that these businesses are able to thrive Medical Center, Ms. Stricker in April, 1980 ob- The petroleum storage industry has complied in the community. tained a B.S. Degree in Management from with the tax code in good faith, now only to be When Joseph Pulitzer retired, he outlined a Pepperdine University, Los Angeles. told the IRS wants to change the rules. The standard for newspapers that exemplifies the With this broad base of educational and pro- IRS is even instituting this change in selective history of the News-Dispatch. ``That it will al- fessional experience and resources in medi- cases through examinations. While we in Con- ways fight for progress and reform, never tol- cine, Ms. Stricker began in 1979 her service E1030 CONGRESSIONAL RECORD — Extensions of Remarks June 4, 1998 with CAP±MPT, and from 1987 to 1994 Dr. James, even with his very busy sched- The inclusion of these two elements will en- served at different times as both Executive ule, has truly been an involved and active sure that any tobacco legislation reduce the Vice President & Chief Operating Officer of member of the community. The Pleasanton usage of all types of tobacco products. It will CAP±MPT. Retiring as Executive Vice Presi- Chamber of Commerce, the Pleasanton Ro- further ensure that Congress is given the data dent, Ms. Stricker is an example of the high tary Club, the Pleasanton Fine Arts Council, and information necessary to make common quality of CAP±MPT's current leadership team the Tri-Valley Business Council and the sense, effective changes in future tobacco pol- headed by Chief Executive Officer James L. Pleasanton Partnerships in Education Founda- icy with the ultimate goal of significantly de- Weidner and their commitment to assisting its tion are just a few of the many organizations creasing the number of teenagers who smoke. physician members in reducing the risks asso- Dr. James has contributed his time to over the f ciated with medical practice and to improving past 13 years. ‘‘U.S. POLICY OPTIONS TOWARD the quality of patient care. Though Dr. James is retiring as Super- It is through CAP±MPT's advocacy and Ms. intendent of the Pleasanton Unified School INDONESIA: WHAT WE CAN EX- Stricker's participation in that effort that I be- District, I take great comfort in knowing that he PECT; WHAT WE CAN DO’’ come better acquainted, while serving on the will continue to reside in Pleasanton. He is an House Committee on the Judiciary, with Cali- incredible resource on educational matters HON. DOUG BEREUTER fornia's 20 year experience with the Medical and he can certainly expect me to continue to OF NEBRASKA Injury Compensation Reform Act (MICRA) and take advantage of his expertise. Let me again IN THE HOUSE OF REPRESENTATIVES its important role in holding down the costs of offer my warmest congratulations for his 13 Thursday, June 4, 1998 medical care. The MICRA model as employed years of exemplary stewardship of Mr. BEREUTER. Mr. Speaker, as Chairman by CAP±MPT is of renewed significance as Pleasanton's public schools and his 38 year of the House International Relations Sub- the Congress continues to address the issue career in education. I wish him the best in his committee on Asia and the Pacific, this Mem- of managed care and HMO reforms and how well-deserved retirement. ber urges his colleagues to pay careful atten- to best insure physician control of the patient f tion to the crisis in Indonesia. It is far too care. large, and far too important a nation to dismiss We welcome home Audrey Stricker as our TOBACCO LEGISLATION IN THE 105TH CONGRESS in a cavalier fashion. This Member would take own Pennsylvania inspired and ever evolving a moment to address the ongoing crisis in In- ``21st Century Woman of Medicine''. She will donesia and to explore what the United States continue to inspire us, as she did all her col- HON. ELTON GALLEGLY and the international community can do to leagues through her steadfast pursuit of excel- OF CALIFORNIA help stabilize that nation's economy and to lence. We look forward to the continued suc- IN THE HOUSE OF REPRESENTATIVES help promote its nascent democratization. cess of CAP±MPT's model of patient choice Thursday, June 4, 1998 Virtually all of Asia seems to be in turmoil and physician control in its pursuit for the best Mr. GALLEGLY. Mr. Speaker, I would like to these days, and Indonesia is no exception. medical results. take this opportunity to express some thoughts Following months of economic turmoil and de- f regarding the legislation dealing with the pro- cline, unsatisfactory elections where the old regime sought an artificial vote of confidence, TRIBUTE TO DR. BILL J. JAMES posed tobacco settlement. Several weeks ago I sent a letter to the and weeks of student protest, President HON. ELLEN O. TAUSCHER Chairman of the Committee on Commerce, Suharto resigned after 32 years of autocratic the Honorable TOM BLILEY, asking that as the rule. He leaves behind a nation on the edge OF CALIFORNIA Committee considers legislation in this area, of chaos. Although we must give Suharto due IN THE HOUSE OF REPRESENTATIVES that it include several elements which I believe credit for leading his country through several Thursday, June 4, 1998 are critical to decreasing the rate of tobacco decades of strong economic growth and de- Mrs. TAUSCHER. Mr. Speaker, I rise today addiction among young people. I would briefly velopment, this narrow economic success took to honor my constituent and my friend, Dr. Bill like to outline these points. place in the absence of the development of J. James, who is retiring this August as Super- First, I strongly believe that any settlement sound social and political institutions. The intendent of the Pleasanton Unified School legislation should include language requiring media was stifled, as were other forms of po- District. the General Accounting Office or other non- litical and social expression. I applaud Dr. James for his continuous ef- partisan, respected organization to conduct The tragic neglect of these institutions and forts on behalf of the children and their edu- periodic studies on the impact of any tobacco basic human rights by President Suharto may cation in Pleasanton over the last 13 years. legislation on tobacco usage by young Ameri- overshadow his economic achievements; only history will tell. Ironically however, President He is clearly one of the most recognized and cans. These studies should examine tobacco Suharto's neglect of political reform while pro- revered educational leaders in the Tenth Con- usage not only among both teenagers, but moting economic reform has perhaps done gressional District and I thank him for the ad- also among pre-teenagers. more to debunk the myth of Asian values and vice and expertise he has so graciously pro- These follow-up studies are necessary, I be- expose the Asian miracle than any other sin- lieve, for providing policy-makers, including vided me in my first term. gle action. In 1985, Dr. James came to Pleasanton to members of Congress, with detailed informa- Most importantly, however, Suharto's ne- serve as the Superintendent of the then tion on the success or failure of various as- glect of political reform has caused much Amador Valley Joint Union High School Dis- pects of a tobacco bill. The findings will also human suffering and tragedy. Indonesia's re- trict and the Pleasanton Joint School District. serve as the basis for any future legislative or cent past has been marked with violence and Prior to his arrival in Pleasanton, Dr. James regulatory changes to our nation's tobacco-re- bloodshed. Over 500 people died in the riots was the Superintendent of the Paso Robles duction efforts. Currently, it is estimated that that left much of Jakarta's Chinatown in ruins. Joint Union High School District and the Paso over 35 percent of high-school seniors Some estimates have the death toll much Robles Union Elementary School District. smokeÐa nineteen-year highÐand that since higher. Many elites fled the country along with Some of the accomplishments in Dr. James' 1991 smoking rates for both eighth and tenth the large expatriate community, taking their 13 years as Superintendent include the pas- graders have increased dramatically. It is im- capital with them. sage of a $85 million school bond in 1988 with perative that any policies enacted are suc- The current situation in Indonesia is at the 76% of the vote and the passage of a $70 mil- cessful in reversing these alarming trends. same time both complex and fragile. The pub- lion school bond in 1997 with 77% of the vote, Second, I also strongly urge that any to- lic euphoria that accompanied Suharto's res- the initiation of a Chamber of Commerce edu- bacco legislation include provisions aimed at ignation is already being replaced by the so- cation subcommittee that later evolved into the curtailing the use by young people of all to- bering reality that Indonesia is entering a dan- PPIE Foundation, his appointment by the Gov- bacco products, including smokeless tobacco gerous period. SuhartoÐwho led his nation ernor to the Educational Council for Tech- and cigars. These products are very harmful through a period of dynamic growth under an nology and Learning in 1997, the construction to young persons. I am particularly disturbed autocratic systemÐhas left behind a political of a 1300 capacity middle school, the imple- by a Centers for Disease Control study which vacuum. The various social and political forces mentation of elementary counseling for grades found that 16 percent of boys in grades nine kept impotent under the Suharto regime must K±5 in 1989 and the execution of a developer to twelve use smokeless tobacco products in now forge a new identity and find a way to re- fee agreement to ensure that new growth cov- a thirty-day period. Other reports have found assert themselves without causing a splinter- ers the cost associated with expanding enroll- that cigar usage has increased at an alarming ing of Indonesian society. Proliferation of eth- ments. rate among American boys and girls. nic or religious-based parties that would pull June 4, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E1031 the country apart at precisely the time when Mr. Speaker, it is clear that Indonesia needs PROTECTING CHILDREN FROM unity is most fragile is a risk that Indonesia America's help and that of the international TOBACCO cannot afford to ignore. community. Our actions must be bold, but not The Indonesian military is widely recognized rash. We must be thoughtful, but not timid. HON. STEPHEN HORN as one of the linchpins of society. With some Certainly, we must take care to preserve and OF CALIFORNIA glaring and regrettable exceptions, it thus far strengthen the delicate unity which has man- IN THE HOUSE OF REPRESENTATIVES has exercised restraint. (The same cannot be aged to hold Indonesia together, but we must Thursday, June 4, 1998 said of the police, who were more brutal dur- not allow a new government to fall back into ing the demonstrations.) Commander-in-Chief the bad practices that doomed the Suharto re- Mr. HORN. Mr. Speaker, one of the most Wiranto seems to have served as a force for gime. unsettling recent public health trends has been change, refusing to take Suharto's side last rising tobacco use among teenagers. In 1991, week when the result could have been wide- f 14 percent of eighth graders, 21 percent of spread bloodshed. This Member would like to tenth graders, and 28 percent of 12th graders believe that this restraint is at least, in part, at- IN HONOR OF JONETTE ENGAN smoked. By 1996, those percentages had tributable to the salutary effect of years of mili- risen to 21 percent of eighth graders, 30 per- tary-to-military contacts through IMET, E± cent of tenth graders, and 34 percent of IMET and other U.S. programs that attempt to HON. DAVID MINGE twelfth graders. raise the level of professionalism of foreign OF MINNESOTA What is most infuriating is that tobacco com- military elites while simultaneously offering panies have geared their marketing toward IN THE HOUSE OF REPRESENTATIVES human rights training. Whatever the cause, children. Our nation was shocked several the military will be under enormous pressure Thursday, June 4, 1998 months ago to read about tobacco companies' as a new government sorts itself out. documents detailing their plans to market their Clearly, the economic situation in Indonesia Mr. MINGE. Mr. Speaker, today I rise to products to children. In January, Times maga- is dire. And most unfortunately, indications are honor Jonette Engan, a truly remarkable per- zine reported that R.J. Reynolds official J.W. that the situation will get worse before it gets son with a distinguished record in her church, Hind, in a 1975 memo, urged the company, better. It is difficult for us to imagine how des- community and Minnesota politics. With great maker of Camel, Winston and Salem ciga- perate conditions are. Credible economists es- sadness, but best wishes, I announce rettes, to ``increase its share penetration timate that Indonesia will suffer negative eco- Jonette's resignation from her leadership posi- among the 14±24 age group.'' In 1976, a ten- nomic growth of between 20±25 percent in tion as Chairperson of the Minnesota Second year plan written for the board of directors of 1998. It is hard to over-emphasize the degree District Democratic Farmer Labor party. R.J. Reynolds and stamped ``RJR SECRET'' of hardship that Indonesia's people have faced Jonette's commitment to the DFL has been said that teenagers ages 14 to 18 were ``an in- in the past months, since the beginning of the remarkable. Born into a family with strong DFL creasing segment of the smoking population'' Asian financial crisis last summer. Yet, despite political roots, she has a keen sense of fair- and suggested a brand targeted to them. After the hopeful signs on the political front, Indo- ness and how the political process can work a subpoena from House Commerce Commit- nesia's economic crisis seems far from over. to improve our society. After years of vol- tee Chairman TOM BLILEY (R±VA), documents The economic challenges faced by Indonesia's unteering for candidates at every level of gov- were released showing that the tobacco indus- new government would be daunting under the ernment, Jonette took over the reigns of Min- try misled people with its health claims and best of circumstances. But these are anything nesota's Second Congressional District DFL covered up potentially damaging research. but the best of circumstances. party. District Chairperson is a herculean task The questions now to be addressed include: Other documents showed that when industry anywhere, but the logistics of coordinating 28 What steps must Indonesia take to pull its officials marketed tobacco products to ``young counties is incredibly daunting. Jonette thrived economy out of its nose-dive and restore in- adults,'' they were referring to children as in a position most would not even consider vestor confidence? What are the prospects for young as 13. taking. Indonesia's future? What political reforms are Their strategy worked. In the first four years necessary, and what are possible in the near The advice of Jonette Engan is sought by that Camel ads featured the cartoon character term and the long term? What institutional fac- candidates for public office at all levels. Joe Camel, smokers under 18 who preferred tors must first be addressed? And most impor- Jonette has helped numerous candidates un- Camels rose from less than 1 percent to as tantly, what are the implications of Indonesia's derstand the political system and landscape. much as 30 percent of the market. Some stud- current economic and political crisis on U.S. Minnesota's state capital is populated by those ies even show that six-year-old are as familiar national interests? who aptly learned under Jonette's tutelage. with Joe Camel as they are with Mickey These questions about Indonesia's eco- When I was a first time candidate, Jonette Mouse. nomic and political future raise serious ques- walked this greenhorn through the nomination Big Tobacco did not care that people who tions for U.S. policy toward Indonesia. For ex- and electoral process with great patience, ex- start smoking at a young age are more likely ample, as the largest shareholder in the IMF, cellent advice, and wonderful counsel. to become severely addicted than those who World Bank, and one of the largest in the Despite the long hours, the DFL has not start at a later age. Big Tobacco shrugged at Asian Development Bank, we must decide been Jonette's only interest. Jonette has bal- the fact that approximately one-third of these when these institutions should resume their fi- anced an incredible time commitment to poli- children who become smokers will eventually nancial assistance to the country and under tics as well as remaining active in her church, die of smoking-related diseases. Big Tobacco what conditions. In making these decisions we the Lutheran Women's League and numerous showed no concern that their product acts as will appropriately have to decide how long a civic functions. a ``gateway drug'' for children who enter a se- Habibie caretaker government should last and quence of drug use that can include alcohol, With so many exciting experiences in her when elections can reasonably be held. marijuana, and harder drugs. Big Tobacco's As a final note, this Member strongly be- life, Jonette will still tell you that her greatest only concern was its bottom line. lieves this is the time that the United States achievement has been her family. Her hus- It is imperative that Congress passes a bill should focus on the issue of East Timor. For band, Dale, has been supportive and helpful in to curb teen smoking. In an effort to move that over two decades, East Timor has been a accommodating Jonette's demanding sched- process along, I recently joined a group of stumbling bloc to Indonesia's relations with the ule. The love of her children, Natasha and House members in introducing the Bipartisan United States and with the European Union. Nick, is obvious in her proud stories of their No Tobacco for Kids Act, a tough measure There is a long and complicated history to this latest achievements and adventures. I have which would dramatically reduce teenage troubled corner of Asia, but suffice it to say had the great pleasure of working with smoking. that the West has never recognized the legal- Natasha when she interned in my Washington The Bipartisan No Tobacco for Kids Act ity of the Indonesian incorporation of East office. would increase the price of a pack of ciga- Timor. It would seem to me that there is an Although I know Jonette will remain a phone rettes by $1.50 over three years. Health ex- opportunity to put aside the old inflexible posi- call away for advice and support, her absence perts say that one of the most effective ways tions that the various sides have taken in the from the Second District DFL leadership will to reduce youth smoking is to raise the price past, and to look for new ways to move to- be sorely missed. My hat is off to Jonette in of tobacco products. Except for a small ward a mutually acceptable solution. Is there thanks for all of her assistance to me, her amount of money dedicated to federal tobacco any role the United States might play in foster- community, and Minnesota. I wish her the best enforcement efforts and payments to settle ing such a renewed dialogue? in the new challenges she undertakes. state lawsuits against the tobacco industry, all E1032 CONGRESSIONAL RECORD — Extensions of Remarks June 4, 1998 funds raised are dedicated to reducing the (SAFE) Act is unnecessary legislation and tive marketing tactics of cigarette companies federal debt. The bill validates the authority of should not be passed. Past service on the and in light of the industry's most recent lob- the Food and Drug Administration (FDA) to House Permanent Select Committee on Intel- bying effort, I believe it is critical that the regulate tobacco products, including stronger ligence has provided this Member with consid- voices of those who are most affected by their warning labels, advertising restrictions, and erable evidence of the harmful effects this leg- practices be heard. It is my hope that these detailed disclosure of all ingredients. The bill islation, in its current form, would have on our signatures will send a message to those who sets aggressive targets to reduce youth to- national security and law enforcement efforts. are captive to the powerful tobacco lobby that bacco use by 80 percent over 10 years. In addition, H.R. 695 would prohibit the Ad- our children will no longer be manipulated into The bill embodies the strong tobacco control ministration and specifically, the Bureau of Ex- taking up the deadly habit of smoking. measures supported by Dr. C. Everett Koop, port Administration, from striking the proper I ask that the attached letter to the Speaker former U.S. Surgeon General under President balance between national security and com- and the names of the signers of the attached Reagan, and Dr. Davis A. Kessler, former mercial interests in the licensing of strong petitions be entered into the RECORD. Commissioner of the FDA under both Presi- encryption. The legislation needs to be CONGRESS OF THE UNITED STATES, dent Bush and President Clinton. amended, dramatically, if it comes to the HOUSE OF REPRESENTATIVES, By introducing this bill with strong bipartisan House Floor. But most importantly, it is not Washington, DC, June 4, 1998. support, we hope to keep our national effort necessary. Hon. NEWT GINGRICH, against teen smoking out the arena of partisan In the House International Relations Com- Speaker of the House, Washington, DC. posturing. Our children's lives are infinitely mittee, this Member co-authored and sup- DEAR MR. SPEAKER: Today I am submitting to the Congressional Record the names of al- more important than political gamesmanship, ported an amendment to H.R. 695 which and infinitely more precious than Big Tobac- most 1,800 public and private school students would have given the President of the United from Tennessee’s Ninth Congressional Dis- co's profit margins. States a national security waiver to the man- The Senate is expected to vote soon on a trict urging you to act immediately to bring dated and complete relaxation of export con- comprehensive tobacco legislation to the comprehensive anti-tobacco bill sponsored by trols of encryption products under H.R. 695. floor for a vote. Sen. JOHN MCCAIN (R±AZ). Legislation is still Unfortunately, our amendment was defeated Since the 1950’s, tobacco companies have being introduced and examined in the House. on a 13±22 vote in the House International repeatedly lied in sworn congressional testi- Congress should act expeditiously to send mony and public statements about the harm Relations Committee and H.R. 695 was anti-teen smoking legislation to the President. caused by their products and whether they passed over my opposition. This issue has America's children deserve nothing less. intentionally marketed cigarettes to chil- been intensely lobbied by the software and f dren. Most recently, the industry released electronics business sector and others. more than 40,000 previously secret docu- TRIBUTE TO GOLD STAR PARENTS On the other hand, this Member also does ments showing that nicotine is addictive. DAY not support competing legislation to H.R. 695, The current public health impact of tobacco which would impose domestic controls on the on our young people is devastating. HON. CIRO D. RODRIGUEZ use of encryption in the United States. This Over 4 million high school seniors are ad- very complicated and important national issue dicted to tobacco. OF TEXAS In Tennessee, 39% of 9th—12th graders IN THE HOUSE OF REPRESENTATIVES has been unnecessarily polarized by the soft- smoke cigarettes and 27% of high school ware industry and by the law enforcement Thursday, June 4, 1998 boys use smokeless tobacco. community. In fact, the software industry's un- 33% of young people who begin smoking Mr. RODRIGUEZ. Mr. Speaker, I rise to pay compromising position on H.R. 695 has actu- while in high school will die early from a tribute to Gold Star Parents Day, commemo- ally prompted the law enforcement community smoking related illness. rated in my home state of Texas on June 8. to push for this more rigorous domestic legis- As you know, the Senate is currently de- Gold Star Parents is dedicated to honoring lation and a stalemate has been created. bating a tough and comprehensive tobacco those who inspire service to our nation in their This Member believes that the bill, but the House hasn’t held one hearing children. Celebrated halfway between Mother's nor have you committed to bringing a bill to disinformation that has been provided by a the full House for consideration during the Day and Father's Day, Gold Star Parents Day few groups or persons on both sides of this is a reminder that behind every veteran who 105th Congress. Our lack of action on this national debate has not led to an environment matter will only result in more young people serves his or her nation, there is a mother where a legislative compromise is easily becoming addicted to smoking and more AND a father who directly or indirectly moti- achieved. For example, the software industry smoking related illnesses in the years to vate a son or a daughter into service. currently downplays the fact that many U.S. come. I urge you to heed the calls from the Founded in Laredo, Texas in 1971, Gold software manufacturers and hardware export- many young people in Tennessee’s Ninth Star Parents boasts a membership that spans ers are exporting relatively robust encryption Congressional District and throughout the the state. Among patriotic family organizations, nation to move a tough tobacco bill this after obtaining license approvals from the De- year. Gold Star Parents is one of the few of its kind partment of Commerce. Moreover, U.S. finan- in that it offers full membership to both moth- Sincerely, cial institutions have general exceptions to the HAROLD FORD, JR., ers and fathers of veterans. export controls on encryption for their own Last week on Memorial Day we paused to Member of Congress. purposes. reflect upon the service of our nation's veter- Corry Middle School.—LaToya House, These two important points reveal that the ans. Today, I urge you to consider the tremen- LaShanna House, Nicole Gillespie, Gwen- solution to this issue for U.S. software export- dous sacrifice the brave mothers and fathers dolyn Gordon, Shanta Morris, Kyla Goliday, ers is not the legislative process, but a change of those veterans endure when they send their Angel Jackson, Serenity Washington, in the administrative regulations. Simply put, Monique Wilkinson, TaJuana Bratcher, beloved off to war. Our nation's freedom is current law does not prohibit the Administra- Shemeka Hall, Ebony Farris, Jeremy Boyd, built upon the sacrifices of our nation's veter- tion from relaxing these export controls and, Richarg Payne, Liz Edwards, Michelle Tay- ans. We must not forget that those sacrifices therefore, a change in law is not necessary. lor, Tiffany S. Young, Tiffany Harwell, Jer- are borne foremost among the mothers and emy Hunt, Melvin Robinson, Krystal N. f fathers of those veterans. Finnie, Kevin Washington, Selena D. Coulta, For that I honor the parents and urge the re- TEENS URGE HOUSE ACTION ON Sheeria Franklin, Erica Freeman, Catarica membrance of the mothers and fathers of our COMPREHENSIVE TOBACCO BILL Rodgers, Brandi Terrell, Morris Doyle, Nakia fallen heroes on June 8. Dowdy, Kenesha Payne, Ebony Stone, Latoya Henderson, Shannon Martin, Shawn f HON. HAROLD E. FORD, JR. Bragg, Marquita Palmoo, Willie Simmons, THE UNNECESSARY LEGISLATIVE OF TENNESSEE Nick Anderson, Patria Bryant, Tabetha Brown, Tina Hines, Allen S. Franklin, FIGHT OVER ENCRYPTION IN THE HOUSE OF REPRESENTATIVES Rapheal Poole, Cammie Thomas, Clinton Thursday, June 4, 1998 Smith, Dernita Mobley, Carlos Richardson, HON. DOUG BEREUTER Mr. FORD. Mr. Speaker, I call my col- Crystal Watson, James Boone, Cherenthia OF NEBRASKA Franklin, Tikeya Morris, Toya Bond, Shekia leagues attention to almost 1,800 students IN THE HOUSE OF REPRESENTATIVES Mouing, Carter Eugene, James Boone, Carlos from Tennessee's Ninth Congressional District Thursday, June 4, 1998 Richardson, Crystal Watson, Cherenthia who want us to act immediately on a com- Franklin, LaDonna Boyd, Morris Reed, Mr. BEREUTER. Mr. Speaker, H.R. 695, the prehensive tobacco bill. Young people have Devin Williams, Jerome Jackson, Chris Security and Freedom Through Encryption been and continue to be the targets of decep- Demble, Mariario Blair, Darrell Williams, June 4, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E1033 Kenneth Reid, Daniel Jefferson, Cheryl Hamilton High School.—Kehli Bynum, Jason Faulstick, Chris Lemon, Emily Phil- Smith, Audra Carr, David Williams, Bryant Sharonda Walker, Ca’Tron Robinson, Thais lips, Joanne Upton, Heidi McDevitt, Erin Hall, Omari Benyoun, Gloyd Humphrey, K. Polk, Jeremy Watkins, Mario Albright, Ours, Tiffany Ford, Angie Dorsey, Matt Tamika Roberts, Joshua Coleman, Alisa RaDonna Hobbs, April Potter, Candace Wadlington, Michael Slater, Ana Ayers, Wesley, and Autowe Jullair. Posey, Lakesha Omill, Oynesha Bolden, Maureen Pecinovsky, Britni Achermenne, Humes Junior High School.—Patrice Mat- Tekesha Johnson, Sherry Heggett, Sherita Alison Barnirrell, Jeremy Beridreamy, Brit- thews, Nicole Hall, Charistye Deverry, Fleming, Courtney Williams, Quincey E. tany Caggman, Josh Carlan, Kevin Hale, Tashieka Armour, Shirley M. Mabern, Martin, Jaida McKay, Kehin Mays, Tamara Larry O’Malley, Amanda Duckworth, Pat- Patrice Mitchell, LaTrevon S. Ealy, Ashley Britt, Shawn Partee, Marquis Shaw, Tomy rick Davis, Jessica Hall, Stefanie Hall, Mat- N. Davis, Oneika Fowler, India Butler, Shun Thomas, Tamika Foster, Lonnetta Wright, thew House, Amanda Johnston, Brad Jones, ‘Quita Martin, Ida Hunley, Shirley Renee Frank Jones, Bryan Franklin, Shaumall Pam Higginbotham, James Watts, Tommy Porter, Sharieka Williams, Joanethia Diggs, Chears, Eva Mitchell, Sandra Calvin, Beltina Siskman, Terry Moore, Chris Britt, Joseph Benjamin Miles, Tarsha Nelson, Tiffany Watkins, Lattie Jenkins, Thomas Alexander, Ferronte, Shenna Williams, Aaron Scott, McGee, Rhonda Shelton, Kendra Meshan, Terrence D. Sims, Teena M. Ayers, Tita Adam Maida, Muriel Tedbette, Chris Sniper, Candance McKinley, Kristy Moore, Shantel Doggett, Christine Clark, Tanesha Bates, Amanda Pirani, Paige Jennings, Jason Phipps, Kristy Owens, Regina Minor, Kim- Ericka Strong, Darrell M. Parrett, Renondia Casey, Kevin Hogue, Gina Smith, Derick berly Moore, Lisa Parker, Sharee Murphey, S. Patterson, Tenika R. Rose, Robert Hum- Reayan, Willie Adams, Trey Crouch, Lauren Latoya Kelley, Shakisha Brooks, Aisha phrey, Angela Green, Monique Galloway, Petrovsky, Kyle Woj, Rosalyn Collins, Mary Vaughn, Doll Anderson, Nateisha Campbell, Candis Echols, Patrick Gillespie, Bruce Jo Bracken, Lindsay Talarico Jaime Harley Anderson, James Anderson, Chiquita Eason, Darrick Elliott, Beverly Deje, Ta- Pidkowicz, Valerie Short, Don Selentine, Harvey, Erica Matthews, Lakesha Love, mara Edmundson, Yolanda Bruce, Sonya Seth Estock, Eric Crocker, Davis Moore, April Brown, Tracy Jones, Shayla Mennis, Johnson, Marcus Miller, Diandria B. Wash, Mark Guess, Charise Hansen, Katie Hindley, Casell Macklin, Montual Johnson, Derrick Donald Hines, Kimberly B. Carpenter, and Heather Hunt, Christina Oppenhuizen, Hollon, Dewayne Mosley, John Hall, Thomas Ashley Williams. Brooke Feathers, Amber Chauncey, Katrina Moore, Jurrett Coward, Kedrick Mitchell, Hutchison School.—Catherine Folk, Grace Russell, Queta Dillard, Adam Coats, Megan Marcus Jones, Cindy Mckinnie, Billy Toby, Henderson, Sara Hester, Katie George, Ro- Gabohart, Cecelia Dowling, C.J. Passmne, Justin J. Tucker, Alicia McKinley, Natasha chelle Cameron, Ellen Thompson, Leslie Matt Foster, Leigh Ann Tippett, Ryan Wea- McClafsky, Marcus Jones, Derrick Hollon, Turley, Lindsay Caldwell, Caroline Kirkland, ver, Karen Jeffries, Sarah Mullally, Brittany Carvell Lovett, Maurice Joy, Laura Jones, Lauren Schwartz, Paige Patrick, Martha Whittington, Eric Kimura, Farris McDowell, Timothy Coley, Billy Hubbard, Apryl Hollis, Anne Frisby, Anne Morrow, Megan Ryan Bunting, Shannon Simpson, Jamie Lampkin, Angel Mitchell, Tinn Legrone, Stout, Jessica Jordan, Emily Fudge, Frannie Runtz, J.R. Moorhead, Emily Schmitt, Stacy Jones, Rachel Light, Torin Isaac, Wesberry, Micah Pioreck, Emily Cadyman, Trecie Williams, Andy Gardner, Laura Poole, Jamison Jones, Tamika J., Alexandria H., Lauren Ploch, Curry Barton, Cassie McGill, Ashley Gaines, Patty Berry, Adam Winstead, Kristin Bell, LaKeshia Bowens, Alicia Laura Lochman, Lindsay Wallace, and Katie Adam Teveante, Bria Chambers, Jamie Beloch, Sherita Franklin, Kamisha Cobbins, Siegal. Bryan, Austin Williams, Blake Straussen, Kaia Burnett, Lawrence Bridgewater, Collierville Middle School.—Morgan Cox, Hope Anderson, Maggie Tucker, Hunter LaToya Greer, Khristina Mason, Terrell M. Kristen Creasy, Natalie Rogers, Nick Lud- Eline, Dennis Manning, Kelli Parrish, Cory Moore, George Riley, Michael Edwards, wig, Laura Albright, Nealy Woodard, Jen- Courtney Phillips, Warren Morris, Kristy Garvey, Heather Duborg, James Culpepper, nifer Ekedal, Adrian Tucker, Beth Melissa Brent, Yekeshia Smith, Ashanti Moore, Kimberly Moore, Josie Draine, Willingham, David Nelson, Susanna Wil- Latisha Williams, Shameka Williams, Smoot, Kimberly Stigall, Branoon Still, liams, Emery Tubbs, Danielle Stilte, Sam April Stone, Kimathi Streit, Kim Washing- Kamishilia Mathis, Kristy Owens, Lisa White Zack McAlexander, Corey Tharker, Parker, Stacy McCoy, Crystal Parks, ton, Portia Williams, Rondah Smart, Aisha Lauren Davis, Jermeca Lockett, Briana Sharif, Karonda Kirkwood, Jasmine McNeill, Dumanic Hester, Shantel Phipps, Christal Worle, Jessica Willhite, Audra Butler, Katie Malone, Regina Minor Emmett Jones, Marsha Jones, Jason Cunningham, Warren Phillips, Jenna Crawford, Bagin Krajewski, Kendra McShan, Colette M. Mickels, Tarsha Thomas, Dore’al L. Mills, Adam McGahee, Nicole Hulbert, Carly Chambers, Scott West, Nelson, Crystal Brown, DeAndra Henderson, Roddrick Cole, Elizabeth Caroul Leng, Andrew Thornbury, John Van Grouw, Tina Latrice Freeman, Trista Brown, Gregory Donecia Christian, Erica Butler, Terrance Walker, Ashlee Farmer, Christie Rodgers, Johnson, Sandra T. Cox, Latoya Harris, Terrell Jones-Young, Kelli Jones, Laurelon Katrina DeZella, Courtney Welson, Maliri Felicia Blackman, Toya Doss, Dewayne Lawson, Nakita Jones, Thomas Seymanek, Carter, Charles Malone, Chasity Jones, Duborg, Kirby Schutzman, Heather Sorsby, Melanie Hall, Bridgette Flake, Crystal Cedric Arnold, Stacy Jones, Alexander Kara Drewry, Sheronda Williams, John Mark Holly, Tamyra Henry, Seirra Hamilton, Ayers, LaTonya Laury, Marcus Bibbs, Ste- Braswell, Gletcher Caulk, Zack Cozart, Macus Williams, James A. Barnett, Charla L. ven Henderson, Daryl Gibson, Lisa Lang, Kevin Stewart, Sam Whitney, Reuben Book- Hubbard, Roger Ebstrom Joshua Hordin, Ashley Morris, Chezarea Myrio, Krystle Fos- er, David Walls, Danny Waddell, Stefanie Kenny Franklin, Miriam Jackson, L’rae ter, Jaren L. Burks, Shenia Gathing, Deirdre Vick, Pam Curry, Ashley Banks, Jami Bil- Gregory, Charlotte Austin, Andrea Isom, Ford, Kimberly Hendree, Tiffany Cleveland, lings, Sheila Fleming, Artie Fagin, Thomas Pamela Higgs, Andrea Grier Shana Jackson, Vernon Jones, Tameka Holyfield, Steven Darden, Sean Coring, Eric Hays, Omari Troya Hall, Angela Jennings, Jessica Austin, Crawford, Rodrecus Jackson, Tekio Allen, Fuben, Shane O’Connell, Lauren Morr, Talia Jeremy Alsobrook, David Armstrong, Darron Cox, Debra Heill, Monroe Lewis, Jon- Ruggiert, Elliott Skiles, Casy Taylor, Eric Desmond Bell, Jefferson C. Beck, Mario Bai- athan Cohran, Darrell Macklin, Albert Hoo- Tusets, Greg Benson, Andrea Foxx, Velma ley, Marie Arnoult-Duffy, Pier Birong, per, Marco Lewis, Willie Macklin, Nathan Thomson, Margaret E. Davis, Patrick Brown, Shantia Baldwin, NaSundra Burks, Tammy Jordan, Shaunn Burks, Christopher Eddie Jones, Terrence Marshall, Harolyn S. Benner, DeJuan A. Alexander, Christina Blakeley, Jamison Jones, Torin Isaac, and Butler, Chris Mitchell, Mark Sparybep, McKinnie, Alexis Moore, Ibin Moote, Chinita Tiffany Johnson. David Fletcher, Charles Noble, Lauren Moore, Lashika Mack, Keona Merriweather, Chicksaw Junior High School.—Byron Clark, Myruik, Elizabeth Mills, Heather Stegall, Ramon Smith, Marquist Taylor, Andre Nash, Curtis Mayes, Talisha Hobbs, Tamika Clay- Will Boothe, Kimberly Ridgway, Cynthia Sakinah Northcross, Miatta White, Natasha ton, Coreame Wade, Shaneise Young, Tiffany Kallaher, Hally Burten, Michael Cameron, Nummally, Anthony Shaw, Barbara Lester, Maten, Michael McClelland, LaTonya Beard, Jessie Seahorn, Jonathan Mahon, Dylan Quinterece Underwood, April Watson, Jason Tammy Walton, Terry Jones, John Wilson, Royal, Rachael Martin, Anna Rowland, Gardener, Duke Rodda, Marquis Robinson, Damien Stafford, Christine Williams, Vanita Brandon Kelser, Danielle DeFur, Adam Elzey Rosebud, Adaryll, Celkite, Shaundra Young, Amber Earl, LaDeidra Neville, Steph- Winstead, Chris Barthold, Brittany Fryona, Glass, Kamesha Hervey, Kenya Jones, Mi- anie Campbell, Vernita McKinney, Jerome J. James Johnson, Kevin Kerley, Mike chael McCaslin, Shanae Askew, Cecil Moore, Marion, Jr., Christina Hill, Tri’Rese Taylor, Pastorius, Courtney Knop, Ruth Nall, B.J. III, Marvin Aubsby, Bettina Applewhite, Christopher Garner, Daniel Houston, Jernigan, William Powell, Samantha Candace Clear, Jameelah Muhammad, Shel- Marqueta McJemore, Shakita Williams, McCallum, Ryan Taylor, Julia A. Wilson, by William, Doug Powell, Sam Hedman, Claudia Afflins, Laquita Wilkins, Herbert Jason Zaloudek, Taylor Buckley, Robert Ajada Bernard, Nina Addison, M.L. Addison, Brooks, AnLisa Quinn, Amber Heath, Angela Corken, Brian Donovan, Jason Sanden, Scott Tachina Alger, Richard Allen, Bria Nicole Brooks, Eric Clark, Gemayel Andre Jones, Helihy, Ashley Fields, Erica Sanders, Justin Rass, Corey Anderson, Lauanda Armstrong, Kesha Surndle, Shaquita Williams, Alicia Klein, Thaisha Collins, Olivia Davis, Natalie Iquana K. Avant, Kimberly Bandy, Nikayl Causey, Tonya Spight, Yakesha Starks, Der- Spencer, Tara Goodwin, Cassie N. Qualls, Bogu, Kapeshia Bouth, Shante Bronn, Rod- rick Betts, Jennifer Crenshaw, Tiffany Hill- Amanda Spencer, Keri Logan, Andrew Legge, ney Bradley, LaKita Dwan Rooks, Khris iard, Deidre Bess, Stacey Moore, Jineane Allistar Bryant, Liz Schultz, Amanda Tunstall, Terrell Crutchen, April Gilbert, Banks, Sherry Jackson, Reninea White, Morehart, Joshua Hoaglan, Anthony Hall, Patricia Jones, Caherine Jones, James Vally, Steuelle Reed, LaShaun Johnson, Lasheena Matt Hudson, Benjie Marvell, Mark Andrea Lane, Alicia Lattimore, Derek Rich- Coll, Erick Hayes, Tristan Patton, Assiius Ledbettei, Erin Dutton, Joseph Martin, ardson, Bruce Thomas III, Shironda Rirley, Davis Garner, Tamarcus Young, Vicki Brand, Justin McTeer, David Oliver, Tempton, Ebony Laird, Torica Oliver, Brandon Cole, Antonio Brown, Ashley Kimberly May, Jessica Parks, Allie Shantel Taylor, Katoshia Broden, Michael Moton, and Chasity Jones. DeCeault, Angela Hood, Matt Hayeslip, Brewer, Mekesha L. Bonds, Rachel N. E1034 CONGRESSIONAL RECORD — Extensions of Remarks June 4, 1998 Benford, Isaac Burch, Shauta Bradley, Kenon Oliver, Cortney Polk, Darvin Oliver, Briarcrest Christian School.—Brian Wagner, Brown, Natasha Bowles, Lauren Belski, Demitrius Jones, David Payne, Valerie Lauren Wilkey, Elizabeth Smith, Josie Wil- Candace Baril, Jacqueline Berg, Jocelynn R. Birth, Tiffany Brance, Dala Ahmed, liams, Erica Wyatt, Corrie Stauffer, Laura Butler, Peter Parker, and Janelle McCoy. Courtney Munnis, and Marshita Walks. Williams, Drew Abiz, Chris Moore, Jeremy Ridgeway High School.—Carlesia Smith, Mt. Pisgah Middle School.—Melissa Schiles, Moore, Missy Patrick, Lauren Owens, Andy Caystal Monique Coley, Kelly Abernathy, Steven Baroos, Etta Savage, Cris Watson, McIntyre, Kayce Morris, Charles Pemberton, Maria McCraw, Allan Picket, John Caldwell, Fran Hill, Laquesha Stigger, Bret Howell, Jonathon Phillips, Cannon Morris, Mike Wayne First, Mathew Jacker, Chris Buirsi, Jenie Hoppen, Ronnie Carney, Rosemarie Moore, Emily Newson, Malak Moustafa, Ni- Paoli, Paula Carlton, Justin Sachumbacker, Chris Tatom, Tracy Baer, Lauren McNabb, cole Morrison, Meg Malone, John Farley, Andrew Zorn, Amanda Lott, Alicia Barnett, Brittany Dicky, Kelley Duncan, Matt Lack- Adrienne Miller, Brad Colonna, P.J. Lory McAble, Whitney Greenway, Matt ey, Brad Eiseman, Brad Lackey, Ben Hom, Redmond, Paige Ashburn, Josie Rote, Ryan Benjamin Yaffe, Geany Lipum, Tony Breeden, Devinn Little, Amanda Patrick, Ringley, Morgan Jones, Sarah Copeland, Maullor, Michael Palin, Robert Watson, Ann Catherine Bryant, Heather Ivey, Trey Gray, Jenni Romanow, Ally Wutse, Elissa Bomgarden, Banji Adebayo, Christie Brough, Crystal Green, Jessica McGugan, Chris McCarty, Melody Mullins, Gavin Beasley, Rachel Turmen, Kathy Eupen, Jerome Greene, Jimmy Holliday, Neely Dickerson, Fowell, Jacqueline McGee, Brian Bentsly, Alec Johnson, Amber Jones, Sean Duncan, Kristin Murdock, Daniel Cares, Brian Wat- Drew Colwell, Clay Yaff, Tiricia Parvetts, Maria Chu, Scott Thompson, Courtney God- son, Lauren Yohanek, Karen Stimpson, Krystie Oliver, Bobie Logan, Yual Banks, dard, Miles Ferguson, Joseph Holmes, Rachel Amber West, Alice Willett, Eva Five, Tricia Shunica Marshall, Victor Thomas, Alex Mar- Smith, Rachel Birdsong, Anthony Triholson, Wiles, Elizabeth Straube, Andrea Welb, Wes- tin, Brandy Day, Deidre Puitchard, Seneca Bryan Foller, Morgan Unfield, Justin Back- ley Eoff, Ashley Pulliam, Wiil Wright, Karen McPhee, Jennifer Bernard, Huntiture Day, er, Becca Giannini, Ashley Lowe, Paul Scott, Stevenson, Mark Russell, Matt Gates, Jennifer Sidney, Taureya Miller, Brad Jolly, Aimber Kages, Paul Earin, Jonathan Brewer, Christy Wescott, Kelly Doughtary, Lindsey Justin Smith, Jay Raymore, Krystall Lovell, Patrick Woodyard, Candice McDowell, Katy Miles, Jessica Williams, Alison Howe, Blake Jarey Jones, Ryan Talin, Joey Palugi, B. Williams, Colby Harringtton, Katrena Jones, Snyder, Rachel Jaddia, Noah Bishop, Julie Laslay, Summer Woodarer, Tinoynne Web- Kali Jones, Whitney Coween, Marie Bugnitz, Black, Beth Hamilton, Annie Yancey, ster, Shareka Turner, Chaska Whits, David Christi Ledford, Danielle Richards, Courtney Grethchen Strickland, Leslianne Stacey, Tran, Blake Whitters, Ari Zelig, Preston Houston, Sara Garya, Jessica Holbert, Cam- Taryn Ellesworth, Jeff Gold, Eric Gleuu, Taylor, Edwin Williams, Richard Todd, eron Cathey, Daniel Tigger, Ashely Rainey, John Henderson, Scott Grecham, Suzanne Bryan Tayler, Jeffrey Teshman, Kim Aber- Mallorey Dahlin, Ashley Roler, Jackie Harris, Nicci Harell, Paul Grimes, David nathy, Jennifer Drake, Johanna Ochoia, Ash- Ncbert, Alexa Bray, Kara Dubree, Claire Lit- Phillipps, Martha Walker, Megan Dufouty, ley Drane, Lincoln Richie, Daniel Coproe, tle, Amanda Feeman, Jenny Louie, Kim John Duyer, Alicia Dean, Joy Robinson, Lawrence Beirte, Jason Portus, D. Rivers, L. Morstan, Clint Basinger, Cody Liles, Ali Sarah Thompson, Courtney Worley, Lauren Burkins, Allicia Richard, Tiffany Richard, Brooks, Jennifer Tradwell, Tim Miller, Paul Massengill, Katie Worley, Erin Leport, Chasity Shipp, Lauren Pate, James Starts, Daniel MeerRamper, Lakindal Laura Reddick, Joseph Hill, Matthew Kiefer, Smith, Stephanie Allen, Jan Ellis, Brittany Robinstein, Edward Reed, Elizabeth Jonathon Burlison, Katie Long, Drew Taylor, Kevin Vanchgriff, Samantha Lea, Shackelford, Phillip Shimerling, Maurice Joyner, Rhyne Putman, Olivia Clifford, Nicki Robinson, H. Smith, Nathan Rapaus, Owens Jr., Cris Atton, Lisa Shackelford, Kathryn Anne Cogart, Kellie Edmundson, David Harver, Anthony Berry, C. Freedman Temi Odusary, Emily Randolph, Jacind Sam- Betsy Comella, Jonathon Chu, Angii Ear- Jr., Jennifer Jones, Evan Ledonge, Elizabeth uels, James Morison, Steven James, Phillip hart, Wesley Day, Christi Dawson, Robby Hard, Aimen Abdi, Shane Armour, Ale Felix, Donaldson, Reid Garrett, Matthew Grear, Fiester, Valerie Baker, Allison Barden, Jen- Undsay Winiffth, Jennifer Barnes, Pierre nifer Benvenuto, Chase Anderson, Dana Jeff Grimes, Doug Jora, Tim Hook, David Wherry, Brian Kim, Jonathan Cox, Junichi Haren, Callie Kraus, Kevin Glenn, Lisa Har- Buitenwert, Rachael Beakely, Gabriella Snibata, Elizabeth Davidson, Ashli Goings, kin, Courtney James, Robert Hill, Brad Castiglione, Michael Armstrong, Matt Bry- Aubrey Smith, Carli Swendner, Claire Lovic, Huluprik, Brad Rulerun, Paige Ashburn, ant, Justin Brown, Marc Bryant, Jason Christie Commins, Brandon Budgett, April Brandon Tom, Wesley Montague, Drew John- Belish, Carla Anderson, Clay Anderson, Chrestman, Kristen Clements, Brent Garrett, son, Charles Reynolds, Stephanie Katie Abel, Erin Earnheart, Brittany Chase Griffiths, Brian Knight, Haley Nelson, Franks, Gina Griffin, Latoya Gray, Ashley Courtney Seal, Billy Saunders, Jake Sluder, Sutterfield, Brad Young, Charles Haig, Kath- Hammon, Magie Grear, Lynley Geston, L. Erika Gross, Brad Harris, Josh Chuningham, erine Werr, Scottie Fleming, Molly Ince, Edwards, Thomas Blanton, Lee Gurham, L. Ashley Ferree, Emily Ray, Syacy Rodgers, Courtney Pierce, Nicholas Kieth, Brent Brown, L. Thomas, Allison Schwartzberg, Cynthia Clearwood, Sabrina Torres, Jennifer Lyon, Jenny James, Dustin May, C. Boyle, Chris Bloomfield, Jermany Weiser, Denise Boyle, Whitney Deaton, Paula Bennett, Christine Smith, Omal Cates, Rachel Duffey, Kurmar, Ellen Larson, Monica Christan, David Hines, Taylor Birmingham, Clay John McCommon, Callie Milan, Kristen Erin Hover, Jan M. Hutcher, Emily Houston, Pater, Gary Pittman, Jennifer Drabenwicz, Murdock, Casey Thornton, Ashely Eason, Danny Holmes, Naryi Kelishadi, Kris Katz, Albany Edmiston, Junji Kamiya, Billy Fish- Elizabeth Whaley, Justin Wright, Lindsey Brittny Hux, Allison Howell, Lisa Horn, Wes er, Justin Hubbard, Kevin Tipton, Joey Mat- Wildman, Rachel Walter, Elizabeth Snyder, Kume, J. Jones, David Day II, Monica Elliot, hews, Jennifer Corbin, Shawna Eveland, Lindsey Wenner, Garett Vaughn, Megan Vanessa Watson, Katrina Hudson, Rachel Brian Bushy, Brandon Clarck, Kelly Burcl, Thielemer, and Allison York. Moore, Katie Grashot, Michelle Wilson, Lisa Kendall Coober, Melanie Tutor, Amber Haris, Central High School.—Tephane Rainey, Matlei, Yae Wang, Tony Santucci, Rachal Olivia Wylie, Christi Mathis, Jck Lipsay, John Rogers, John Sanders, Harold Robin- Rivers, Steven Presley, LaShaurdea Stauion, Amanda Belle, Ashley Jonas, Ryan Tucker, son, William Richardson, Antionette Pritch- Michael Amstand, Edgin Wright, Sharon Walker Gabriel, Chris Lane, Taylor Clark, ard, Melanie Walker, Natasha Richardson, Conroy, Mandy Tutor, Bryan Taylor, Chris Jessica Hale, Christina Baker, Brittony Erica Pilgram, Glenda Sims, Syaria Nathan, Pelkey, Todd Cohen, Stephen Aron, Jones, Candie Russell, Mandy Barnett, Pat- Damitra Scott, Berati Bub, Justyn Robin- Courtney Mayes, Marlon Marray, Joy Pryor, rick Rowband, Trevor Beahm, Burbon Leffall son, Erika Shannon, Patricia Kee, Charillai Krystal Larry, T. McKurnney, Jeremy John- III, Tracie Davis, Lisa French, Susan Buforh, Wooten, Charla Webster, Jevita Taylor, Ju- son, Rodney Fitzgerald, Katie Weems, Jherri Jessica Halford, Jonathan Doraper, Jessica lius Stokes, Tracee Prewitt, Kamesha Reed, Fason, Ryan Hamalton, Clay Hopkins, Emily Webster, Geany Coberun, Eric Richie, A. Erika Madlock, James Kendrick, Sydney Rogers, Danielle Russell, Josh Robbins, Mar- Currie, Lee Johnson, Brittany Shaw, Alicia Love, Robyn Trilliams, Sadrigiez Mallett, quette Porter, Sharon Fisher, and Landon Williams, Suzanne Strong, Andrew Neal, Tequilia Taylor, Jordan On, Nicole Merten, Pithe. Maureen Saunders, Amber Northcott, Northside High School.—Ferdrick Davis, Britney Cabb, McKenna Frease, Matt Traas, Crystall Russell, Jocelyn Washington, Jermaine Ousley, Jakaysha Ross, Jamika Stephenie Ivie, LaQuita Payne, Talbot Ken- Evancee Wilson, Anthony Underwood, Anto- Edwards, Laqueitie Perry, R. Knight, Kyshon nedy, Angela Garza, Ryan Staggs, Melissa nio McCall, Tyrus William, Richard Otteridge, Steve Nelson, S. Wesley, James Williams, Jessica McMillion, Elizabeth Trinkett, Derick Milan, Ashley Taylor, Burks, Audrey King, Shea Thomas, Kim- Lewis, Tommy Wiabe, Jason Gelineau, Tyler Erickia Vaughn, Devin Cruthcher, Bree berley Moris, Laticia Nelson, Alexis Dundle, Greene, Jon Scott, Kati Rutherford, Stacy Curry, Erika Vickqall, Elisha Chestar, Roger Geoffrey Ballard, Allison Pattion, Jennifer Wright, Chris Brooks, Chrystopher Simpson, Clioves, Reico Collins, Tiffany Knight, Pack- Gladney, Monica Hasin, Stacey Boyle, C. Kelley Parks, Rachel Wigginton, Ashley Les- er Pisnsay, Sharice Thompson, Shannon Steniris, April Hunt, Jarvis Mull, Starueltta ter, Thurston Hall, Christi Cook, Audra White, Michael Woods, Tera Wilson, Antonio Gordon, Monique Bradberry, Comelia Mathis, Brandon Rushing, Valerie Hall, Grif- Foster, Marcus Taylor, Tnya Robinson, Bemmy, Sharonda Mason, Tiffany Bess, fin Morrisson, Laura Lambert, Melissa Alisha Westbrook, Allisius Williams, Justin Shaunta Johnson, Tina Woods, Lasheka Hill, Rosloniec, Erika Kirksey, Mike Parkam, Evans, Julian Willis, Andrea Wheeler, Clem Shamcka Bradford, Carmelita Jackson, Des- Drew Fryman, David Kim, Justin Cole, Brit- Wright, Lia White, Larita Webb, Carl tiny Abraham, L. Gordon, Ronnie Wright, tany Sistrunk, Jennifer Slavin, Hilary Pep- Marley, Sarah Wrianduire, Michelle White, Frenchiska Jones, Tiffany Christie, Joy per, Blake Todd, Collin Stale, John Burnett, Erica Rogers, Jackline Robinson, Shernard Metealf, Erika Turneck, T. Butt, V. Aller, Mauory Mares, Gibraltar White, Jayme Walton, Pamela Campbell, Marcus Newman, Marcus Abobrook, Kristy Dowell, J. Burton, Jackson, Teresa Tucker, Sara Williams, Eric Phui Pich, Synetta Clayton, Lakisha Jashua Hampton, Tiffany Strong, Brandon Knight, and Amanda Hutchens. Ramsey, Mareica Smith, Michelle Harris, June 4, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E1035 Nate Frazier, Jade Gior, Tamaria Shields, Justin Smith, Hillary Nutz, Donald with honor and distinction. These veterans of Bridgeforth, Tara Harris, Sashee Hawkins, Schmith, Terri Johnson, Carnika Toliver, WWII contributed to end the war in the Pacific Dayna Gibles, Sheila Barrison, Emorycarlos Sherica Elliot, Kyna Gray, Kelli Puckett, and the war as a whole. They deserve a page Gordon, Tacarra Hodges, Cassi Jordan, Mi- Menisha Moore, Crystal Thomas, Demetria chael Hodge, Latrice Stewart, Sharon Smith, Dotch, Mylenkia Willer, Margita Douglas, hi history, for their story is a reminder of all Melissa Green, Ebonie Holmes, Kerri Jones, Leia Giray, Biannca Thomas, Duntinese the servicemen and women who gave their Alita Humt, Andrea Hardin, Derrick Davis, Eric Porter, Dorian Ross, Shanikka lives to preserve the freedoms that we take for Granderson, Lakisha Murph, Liontyn Pryne, Hayes, Sriez Phannarath, Jamaal Rufus, granted today. Charles Darner, Tyfany Nathan, Waywotta Dudie Cannon, Arcka Simmons, Kimberly Mosley, Michael Owens, Marhesia Moody, Spight, Shanika Brown, Terrance Williams, f Erica Humphrey, Jackqueline Newson, Christopher Sain, Bridget Barr, April Chauncey Owens, Kristoph Dous, Marcus Jamison, Tameka Burns, Stephanie Scott, TRIBUTE TO JACK SIZEMORE Johnson, Darnisha Bridgeforth, and Temper Charles Douglas, Travis Williams, and Phillips. LaToya Johnson. Frayser High School.—Asley Jack, Talitha HON. MARCY KAPTUR Hamilton, Derrick Hollaway, Jeanette Fish- f OF OHIO er, Luvenia Keys, Erica Eason, Nicole Banks, SAILORS OF USS ‘‘REGISTER’’ AND Lakiesha Hunt, Erica Wells, Kim Ballentine, IN THE HOUSE OF REPRESENTATIVES Donnie Mitchell, Jerry Durner, John Boall, USS ‘‘INDIANAPOLIS’’ Charlette Robertson, Chris Cullier, Jessica Thursday, June 4, 1998 Cook, Terronce Crawford, Kerissa Clark, HON. SILVESTRE REYES Yerinda McClinton, Stephanie King, Apee Ms. KAPTUR. Mr. Speaker, I rise today to Hope, Alfred Davis, Frederick Jordan, OF TEXAS recognize the lifetime of contributions that Mr. Darron Malte, Samuel McConnell, Kimberly IN THE HOUSE OF REPRESENTATIVES Jack Sizemore has made to our community Townsend, Crystal Meeke, Tamera Thomas, Thursday, June 4, 1998 and district. On this, the occasion of his retire- Danielle Williams, Justin Walker, Adam ment, I wish to thank this tireless advocate for Wade, Kendal Hall, Danisha Harbin, Marcus Mr. REYES. Mr. Speaker, I am pleased to the workers and families of our community for Swatt, Ricky Washington, Melissa Blue, recognize 15±21, 1998, survivors of the USS his ardent support of our district and North- Tandaneiha McFerren, Jackson Hutchinson, Register and USS Indianapolis will be having Lakeisha Spight, Mitchell Hard, John, west Ohio. The position from which he is retir- their reunion in El Paso, Texas at the Howard ing, Director of Region 2±B of the United Auto Pomfret, Princeton Wilson, Kilan Londy, Johnson Lodge. Yang Lin, Steven Crawford, George Cul, Workers Union and member of the UAW Inter- Dewete Dugger, Robert Fiak, Travis Butler, The USS Indianapolis (CA±35) was com- national Executive Board, represents the pin- Courtney Woods, Jeremy Cook, Lasonya missioned at the Philadelphia Navy Yard on nacle of a long and dedicated career. November 15, 1932. The ship served with Curry, Laketa Byrd, Alexis Cooper, Risha Born and educated in Toledo, at Whitener Matting, Nadia Smith, Nikia Shields, Tara honor from Pear Harbor through the last cam- High School. The University of Toledo, Mr. Long, Corey Washington, Sheddrick Ray, paign of World War II, sinking in action two Sizemore went to work as a precision grinder Melomise Felix, Ashley Hicks, Lakita Davis, weeks before the end of the war. On July 30, in the same Dana Corporation plant that em- Tamara Ward, Marjuita Walton, Rashad Rob- 1945, while sailing from Guam to Leyte, the inson, Lashaquita Nix, Tieares Sims, Dy- ployed his father producing heavy-duty trans- USS Indianapolis was torpedoed by Japanese nasty Peete, Persha Johnson, Tiffany Bur- missions. He wasted no time becoming in- submarine I±58. The ship capsized and sank ton, Shanna Layrock, Lavonne Williamson, volved in the union, UAW Local 12, and won in twelve minutes. Survivors were spotted by Shy Watson, Derrick Battle, Jaquiese Larry, election as a steward in the Dana Unit one Shakita Thomas, Dominique Casey, Senobia a patrol aircraft on August 2nd. All air and sur- year after beginning his employment. Three Rogers, Quincey Willborn, Lakeisha Brown, face units capable for rescue operations were years later, he was elected as a member of Tamika Milan, Alla Kyles, Malishan Stigger, dispatched to the scene at once. The USS the unit's shop committee and a UAW Con- Desiree Bullard, Amy Dobbins, Travis Register was among the several ships in- Thompson, T’sis Thomas, Camise vention delegate. volved in the rescue. Upon completion of the Ddandridge, Denrell Walls, Venesia Hum- day and night search on August 8, 316 men When the UAW Dana National Negotiating phrey, Carl Layhr, Quinton Ray, Tamieka Committee was founded in 1967, Mr. Works, Contisa Mathews, Gabrielle Oliver, were rescued out of a crew of 1,199. Cornelius Yancy, Cristen Young, Brenda The USS Register (APD±92/DE233) served Sizemore was on board as a member. He par- Reyes, Laheyda Wakefield, Henry Foreman, in the Pacific Theater of operation as an at- ticipated in national bargaining with the com- Carlos Eddius, Lakesheya Nelson, Camille tack personnel destroyer during World War II. mittee until 1974. He was also Vice President Adams, Sherrod Smith, Ashley Hill, Michael On May 20, 1945, the ship survived a hit by of the UAW Dana Council and Chairperson of Sharp, Paul Cartem, Jarvis Smith, Trenton a Japanese Kamikaze plane off the island of the Dana Unit Shop Committee during that Flemmins, Lashell Abston, Tiffany Burks, Okinawa, sustaining casualties and heavy hull same time. Before being elected as Director of Wanda Bailey, Tamika Ward, Lakesha Oneal, UAW Region 2±B in 1986, he served as Inter- Renata Mosby, Byron Bell, Christina Wil- damages, after shooting down three enemy liams, Marquette Walker, Kendra Collins, suicide planes. On August 3rd, the USS Reg- national Representative and Assistant Direc- Monica Royal, Tiffany Smith, Alilcia ister was among eight ships that rescued tor. Throughout his career he has fought for Cleaves, Marcus Brans, Tamekia Mosby, some survivors of the ill-fated USS Indianap- the Herment of The standard of living for all Darrin Gandy, Michelle Green, Lakeisha olis our citizenry. Ware, Antonio Hibbler, Caurtesia After distinguished service, the USS Reg- Mr. Sizemore's presence has not been lim- Shawcoant, Marra Wallace, Carcheon ister was decommissioned March 31, 1946 at ited to the labor community. He has given his Calloway, Tawanda Williams, Angel time and energy in the education, sports and Hollowell, Barbara Gant, Elinor Cleaves, Green Cove Springs, Florida on the Saint Kevin Birch, Jaweka Betts, Tania Combs, Johns River. In the Spring of 1966 it was business circles of Toledo. He is a member of Chasity Allen, George Webster, Chearm struck from the Naval Reserve Fleet and sub- the University of Toledo Board of Trustees, Meggan, Jessica Young, Asia King, Anesha sequently transferred to the Republic of China the Private Industry council of Toledo, the Holmes, Erving Lewis, Lakenshea Bell, Navy and renamed the Tai Shan. Board of Trustees of the United Way and St. Stacey Holbon, Katrina Becton, Dorothy We the surviving shipmates of the USS Vincent Hospital, to name a few. He is also Carter, Erin P. Evan, Trineka Brown, Audria Register and the survivors of the USS Indian- active in the Democratic party, serving on the Ardison, Ciena Bibbs, Catisa Proctor, Erika apolis value the memories of their service in State Executive Committee and Democratic Bennett, Jarvis Taylor, Esqua Brown, National Committee. Bodney Bolden, Ricardo Anthony, Mac the United States Navy and our shipmates Hasha, Mac Pinney, Michael Nabors, Latoria who are no longer with us and are not forgot- During all this service, he and his wife, Jones, Alteena Edwards, Gloria Williams, ten for their distinguished service and eternal Carol, have raised eight children and are en- Tiffany Hill, Shannon Jessey, Sheledal brotherhood. Rest in peace shipmates. On joying the blessing of fifteen grandchildren. As Hayworth, Hanley Young, Rodney Royers, their behalf, we honor them and Paul James he completes his tenure as dealership of the Zippora Lawson, Erick Terry, Herbert John- Register, for whom our ship was named for, United Auto Workers, our entire community son, Lonniel Williams, Fredric Harriett, who was killed in action while serving aboard warmly congratulates him for his steady lead- Renelde Andrews, Aquariees Anderson, Kendria Andrews, Courtney Mass, Erica the ill-fated USS Arizona, December 7, 1941 ership and careful negotiating skills that have Carlock, Pam Dickerson, Columbus Wil- at Pearl Harbor, Hawaii.ÐService members of retained jobs, upgraded our way of life, and liams, Lionel Blockshire, Chris Evans, the USS Register and Indianapolis given strength to the cause of workers Latasha Ross, Tymissa Brooks, Monica Har- The sailors of the USS Register and Indian- throughout our nation. Godspeed to Jack and rell, Nicole Chares, Wilbert Smith, Maurice apolis served the United States of America Carol and their family in years hence Thursday, June 4, 1998 Daily Digest

HIGHLIGHTS The House agreed to the Conference Report on S. 1150, Agricultural Re- search, Extension, and Education Reform Act of 1997—Clearing the Measure. The House passed H.R. 3433, Ticket to Work and Self-Sufficiency Act. House Committees ordered reported 7 sundry measures. Senate Adopted: Chamber Action Daschle (for Durbin) Amendment No. 2438 (to Routine Proceedings, pages S5583–S5663 Amendment No. 2437, listed below), of a perfecting Measures Introduced: Five bills and six resolutions nature. (By 29 yeas to 66 nays, one responding were introduced, as follows: S. 2130–2134, S.J. Res. present (Vote No. 149), Senate earlier failed to table 47–48, S. Con. Res. 101–102, and S. Res. 242–243. the amendment.) Pages S5591±S5601, S5622 Pending: Page S5634 Gregg/Leahy Amendment No. 2433 (to Amend- Measures Reported: Reports were made as follows: ment No. 2420), to modify the provisions relating S. 2132, making appropriations for the Depart- to civil liability for tobacco manufacturers. ment of Defense for fiscal year ending September 30, Page S5584 1999. (S. Rept. No. 200) Gregg/Leahy Amendment No. 2434 (to Amend- S. 1301, to amend title 11, United States Code, ment No. 2433), in the nature of a substitute. to provide for consumer bankruptcy protection, with Page S5584 an amendment in the nature of a substitute. Gramm Motion to recommit the bill to the Com- Page S5634 mittee on Finance with instructions to report back Measures Passed: forthwith, with Amendment No. 2436, to modify the provisions relating to civil liability for tobacco Commending UNLV Men’s Golf Team: Senate manufacturers, and to eliminate the marriage penalty agreed to S. Res. 243, to commend and congratulate reflected in the standard deduction and to ensure the the University of Nevada Las Vegas men’s golf team earned income credit takes into account the elimi- on winning the team’s first National Collegiate Ath- nation of such penalty. Page S5584 letic Association Championship. Page S5662 Daschle (for Durbin) Amendment No. 2437 (to Recognizing Disabled American Veterans: Senate Amendment No. 2436), relating to reductions in agreed to S. Con. Res. 102, recognizing disabled underage tobacco usage. Page S5584 Lott (for Coverdell) Modified Amendment No. American veterans. Pages S5662±63 2451 (to Amendment No. 2437), to stop illegal Universal Tobacco Settlement Act: Senate re- drugs from entering the United States, to provide sumed consideration of S. 1415, to reform and re- additional resources to combat illegal drugs, and to structure the processes by which tobacco products establish disincentives for teenagers to use illegal are manufactured, marketed, and distributed, to pre- drugs. Pages S5622±30 vent the use of tobacco products by minors, and to A motion was entered to close further debate on redress the adverse health effects of tobacco use, with the modified committee amendment in the nature of a modified committee amendment in the nature of a substitute (Amendment No. 2440) and, in accord- a substitute (Amendment No. 2420), taking action ance with the provisions of Rule XXII of the Stand- on amendments proposed thereto, as follows: ing Rules of the Senate, a vote on the cloture motion Pages S5584±S5601, S5604±30 will occur on Monday, June 11, 1998. Page S5605 D585 D586 CONGRESSIONAL RECORD — DAILY DIGEST June 4, 1998 Senate will resume consideration of the bill on NOMINATIONS Friday, June 5, 1998. Committee on Armed Services: Committee ordered favor- Nominations Received: Senate received the follow- ably reported the nominations of Hans Mark, of ing nominations: Texas, to be Director of Defense Research and Engi- Yvette Kane, of Pennsylvania, to be United States neering, Mahlon Apgar IV, of Maryland, to be As- District Judge for the Middle District of Pennsyl- sistant Secretary of the Army for Installations, Logis- vania. tics and Environment, and Joseph W. Westphal, of James M. Munley, of Pennsylvania, to be United Virginia, to be Assistant Secretary of the Army for States District Judge for the Middle District of Civil Works, all of the Department of Defense. Pennsylvania. Thomas J. Whelan, of California, to be United DOD INFORMATION SYSTEMS States District Judge for the Southern District of Committee on Armed Services: Committee concluded California. hearings to examine the national security implica- Edward L. Romero, of New Mexico, to serve con- tions of the future threats to the Department of De- currently and without additional compensation as fense information systems, including the Year 2000 Ambassador to Andorra. Page S5663 computer compliance problems and the proposed sale Messages From the President: Pages S5631±32 of the electromagnetic spectrum that affects the op- eration of the communications and weapon systems Messages From the House: Page S5632 of the Department of Defense, after receiving testi- Measures Referred: Page S5632 mony from Senator Bennett; and John J. Hamre, Communications: Pages S5632±33 Deputy Secretary, and Lt. Gen. Kenneth A. Minihan, USAF, Director, National Security Agency, both of Executive Reports of Committees: Page S5634 the Department of Defense. Statements on Introduced Bills: Pages S5634±37 Additional Cosponsors: Pages S5637±38 BOSNIA: DAYTON AGREEMENT Amendments Submitted: Pages S5641±52 Committee on Armed Services: Committee concluded hearings on United States forces participating in Notices of Hearings: Pages S5652±53 NATO operations in Bosnia and to examine progress Authority for Committees: Page S5653 in achieving benchmarks in the civil implementation Additional Statements: Pages S5653±61 of the Dayton Agreement, after receiving testimony from Robert S. Gelbard, Special Representative to Record Votes: One record vote was taken today. the President and Secretary of State for Bosnia and (Total—149) Page S5622 Kosovo; and Gen. Wesley K. Clark, USA, Supreme Adjournment: Senate convened at 9:30 a.m., and Allied Commander, Europe, Commander-in-Chief, adjourned at 7:45 p.m., until 9:30 a.m., on Friday, U.S. European Command. June 5, 1998. (For Senate’s program, see the remarks of the Acting Majority Leader in today’s Record on FHA page S5663.) Committee on Banking, Housing, and Urban Affairs: Subcommittee on Housing Opportunity and Com- Committee Meetings munity Development concluded oversight hearings to review the current status of the Federal Housing (Committees not listed did not meet) Administration, focusing on its role and mission, fi- nancial status, and reform efforts, after receiving tes- APPROPRIATIONS timony from Brian Chappelle, Mortgage Bankers As- Committee on Appropriations: Committee ordered favor- sociation of America, and Michael A. Quinn, Federal ably reported the following measures: National Mortgage Association (Fannie Mae), both of An original bill (S. 2132) making appropriations Washington, D.C.; W. Roger Haughton, PMI Mort- for the Department of Defense for the fiscal year gage Insurance Company, San Francisco, California, ending September 30, 1999; on behalf of the Mortgage Insurance Companies of An original bill making appropriations for energy America; Charles J. Ruma, Davidson Phillips, Co- and water development for the fiscal year ending lumbus, Ohio, on behalf of the National Association September 30, 1999; and of Home Builders; Catherine B. Whatley, Jackson- An original bill making appropriations for the ville, Florida, on behalf of the National Association Legislative Branch for the fiscal year ending Septem- of Realtors; Robert R. McMillan, Long Island Hous- ber 30, 1999. ing Partnership, Inc., Hauppauge, New York; and June 4, 1998 CONGRESSIONAL RECORD — DAILY DIGEST D587 Liz Ryan, National Training and Information Center, Protection Issues, both of the General Accounting Chicago, Illinois. Office; Dirk Forrister, Chairman, White House Cli- FEDERAL SPENDING ON INTERNATIONAL mate Change Task Force; David M. Gardiner, Assist- PROGRAMS ant Administrator for Policy, Environmental Protec- tion Agency; Dan Reicher, Assistant Secretary of En- Committee on the Budget: International Affairs Task ergy for Energy Efficiency and Renewable Energy; Force concluded hearings to examine United States and John Karl Scholz, Deputy Assistant Secretary of Government resources supporting American foreign the Treasury for Tax Analysis. policy goals and interests that fall outside the inter- national affairs budget category, after receiving testi- PUBLIC LAND MANAGEMENT mony from Benjamin F. Nelson, Director, Inter- Committee on Energy and Natural Resources: Sub- national Relations and Trade Issues, National Secu- committee on Forests and Public Land Management rity and International Affairs Division, General Ac- resumed hearings on S. 1253, to provide to the Fed- counting Office; and Larry Nowels, Specialist in For- eral land management agencies the authority and ca- eign Affairs, Congressional Research Service, Library pability to manage effectively the federal lands in ac- of Congress. cordance with the principles of multiple use and sus- FCC tained yield, receiving testimony from Steven J. Appel, Washington Farm Bureau, Endicott, on be- Committee on Commerce, Science, and Transportation: Sub- half of the American Farm Bureau Federation; Mar- committee on Communications resumed oversight garet I. Johnson, Idaho Power Corp., Boise, on be- hearings on the Federal Communications Commis- half of the Edison Electric Institute; Bruce Vincent, sion, focusing on activities of the Cable Services Bu- Libby, Montana, on behalf of the Alliance for Amer- reau, receiving testimony from John E. Logan, Act- ica; and Bob Bierer, American Forest and Paper As- ing Chief, Cable Services Bureau, Federal Commu- sociation, Myra B. Hyde, on behalf of the National nications Commission. Cattlemen’s Beef Association and the Public Lands Hearings were recessed subject to call. Council, and David Finkenbinder, National Mining AIRLINE ALLIANCES Association, all of Washington, D.C. Committee on Commerce, Science, and Transportation: Sub- Hearings continue on Wednesday, June 17. committee on Aviation concluded hearings to exam- COMPETITION FOR FEDERAL COMMERCIAL ine the competitive implications of domestic and ACTIVITIES international alliances among airlines, after receiving testimony from Charles A. Hunnicutt, Assistant Sec- Committee on Governmental Affairs: Subcommittee on retary of Transportation for Aviation and Inter- Oversight of Government Management, Restructur- national Affairs; John M. Nannes, Deputy Assistant ing, and the District of Columbia concluded over- Attorney General, Antitrust Division, Department of sight hearings to examine the current Office of Man- Justice; John H. Anderson, Jr., Director, Transpor- agement and Budget Circular A–76 policy for estab- tation Issues, Resources, Community, and Economic lishing a competition for commercial activities with- Development Division, General Accounting Office; in the Federal government, after receiving testimony Henry C. Joyner, American Airlines, Inc., Fort from J. Christopher Mihm, Associate Director, Fed- Worth, Texas; Scott Yohe, Delta Air Lines, Inc., and eral Management and Workforce Issues, General Hershel I. Kamen, Continental Airlines, Inc., both of Government Division, General Accounting Office; Washington, D.C.; and John S. Strong, College of G. Edward DeSeve, Acting Deputy Director for William and Mary, Williamsburg, Virginia. Management, Office of Management and Budget; John Berry, Assistant Secretary of the Interior for CLIMATE CHANGE Policy, Management and Budget; and W. Scott Committee on Energy and Natural Resources: Committee Gould, Chief Financial Officer and Assistant Sec- concluded hearings to examine the Administration’s retary of Commerce for Administration. proposal to reduce greenhouse gas emissions by es- tablishing initiatives designed to increase energy effi- SMALL BUSINESS INNOVATION RESEARCH ciency, to comply with the Kyoto Protocol nego- PROGRAM tiated in December 1997 to address the international Committee on Small Business: Committee held over- problem of global warming, after receiving testi- sight hearings to review the status of the Small mony from Victor S. Rezendes, Director of Energy, Business Innovation Research Program designed to Resources, and Science Issues, Resources, Commu- increase private sector commercialization of tech- nity, and Economic Development Division, and nology, to increase small business participation in David Marwick, Assistant Director, Environmental federal research and development, and to improve D588 CONGRESSIONAL RECORD — DAILY DIGEST June 4, 1998 the Federal government’s dissemination of informa- Michigan; Arthur P. Brigham, III, High Perform- tion concerning the program, and proposed legisla- ance Materials Corp., Hermann, Missouri; and Chris tion to improve the small business sector’s involve- W. Busch, Ronan, Montana. ment in assistive technology research and develop- Hearings were recessed subject to call. ment, receiving testimony from Charles W. Wessner, Program Director, Board on Science, Tech- NATIONAL SECURITY nology, and Economic Policy, National Research Council, Susan D. Kladiva, Associate Director, En- Select Committee on Intelligence: Committee held closed ergy, Resources, and Science Issues, Resources, Com- hearings on the investigation of the impacts to munity, and Economic Development Division, Gen- United States national security from advanced sat- eral Accounting Office; Robin Frank Risser, ellite technology exports to China and Chinese ef- Picometrix, Inc., on behalf of the Small Business forts to influence U.S. policy, receiving testimony Technology Coalition, and Heidi N. Jacobus, from officials of the intelligence community. Cybernet Systems Corporation, both of Ann Arbor, Hearings continue tomorrow. h House of Representatives Constitutional Amendment Restoring Religious Chamber Action Freedom: The House failed to pass H.J. Res. 78, Bills Introduced: 8 public bills, H.R. 3990–3997; proposing an amendment to the Constitution of the and 3 resolutions, H.J. Res. 120–121 and H. Res. United States restoring religious freedom by a re- 456, were introduced. Pages H4164±65 corded vote of 224 ayes to 203 noes (with two-thirds Reports Filed: Reports were filed as follows: required for passage), Roll No. 201. H. Res. 457, providing for the consideration of Pages H4078±H4112 the Senate amendments to H.R. 2709, to impose By a recorded vote of 203 ayes to 223 noes, Roll certain sanctions on foreign persons who transfer No. 200, rejected the Scott motion to recommit the items contributing to Iran’s efforts to acquire, de- joint resolution to the Committee on the Judiciary velop, or produce ballistic missiles (H. Rept. with instructions to report it back with an amend- 105–566); and ment in the nature of a substitute that proposes an H. Res. 458, providing for the further consider- amendment to the Constitution of the United States ation of H.R. 2183, to amend the Federal Election that states that ‘‘Congress shall make no laws re- specting an establishment of religion, or prohibiting Campaign Act of 1971 to reform the financing of the free exercise thereof. Pages H4110±11 campaigns for elections for Federal office, (H. Rept. On demand for a division of the question rejected 105–567). Page H4164 the Bishop amendment, Part 1, that sought to, Guest Chaplain: The prayer was offered by the strike language to secure the right to ‘‘acknowledge guest Chaplain, Dr. James D. Strauss of Lincoln, Illi- God’’ and insert the right to ‘‘freedom of religion;’’ nois. Page H4065 (rejected by a yea and nay vote of 6 yeas to 419 Ticket to Work and Self-Sufficiency Act: The nays, Roll No. 198) and Pages H4101±09 House passed H.R. 3433, to amend the Social Secu- On demand for a division of the question rejected rity Act to establish a ticket to Work and Self-Suffi- the Bishop amendment, Part 2, that sought to strike ciency Program in the Social Security Administration language dealing with the denial of ‘‘equal access to to provide beneficiaries with disabilities meaningful a benefit on account of religion’’ and insert ‘‘or oth- opportunities to return to work and to extend Medi- erwise compel or discriminate against religion.’’ (re- care coverage for such beneficiaries, and to amend jected by a recorded vote of 23 ayes to 399 noes, the Internal Revenue Code of 1986 to provide a tax Roll No. 199). Pages H4101±10 credit for impairment-related work expenses by a yea H. Res. 453, the rule that provided for consider- and nay vote of 410 yeas to 1 nay with 2 voting ation of the joint resolution was agreed to earlier by ‘‘present’’, Roll No. 197. The House completed gen- yea and nay vote of 248 yeas to 169 nays, Roll No. eral debate and agreed to H. Res. 450, the rule that 196. Pages H4069±77 provided for consideration of the bill on June 3. Tiananmen Square Ceremony: The House agreed Page H4078 to H. Con. Res. 285, expressing the sense of the June 4, 1998 CONGRESSIONAL RECORD — DAILY DIGEST D589 Congress that the President of the United States a yea and nay vote of 216 yeas to 197 nays, Roll should reconsider his decision to be formally received No. 205. Pages H4135±44 in Tiananmen Square by the Government of the Peo- Amendments: Amendments ordered printed pursu- ple’s Republic of China by yea and nay vote of 305 ant to the rule appear on pages H4165–66. yeas to 116 nays, Roll No. 202. Pages H4114±23 Quorum Calls—Votes: Seven yea and nay votes and H. Res. 454, the rule that provided for consider- three recorded votes developed during the proceed- ation of the concurrent resolution was agreed to by ings of the House today and appear on pages a voice vote. Pages H4112±14 H4077, H4078, H4108–09, H4109–10, H4111, Agricultural Research: The House agreed to the H4112, H4122–23, H4126–27, H4133–34, and conference report on S. 1150, to ensure that federally H4143–44. There were no quorum calls. funded agricultural research, extension, and edu- Adjournment: Met at 10:00 a.m. and adjourned at cation address high-priority concerns with national 1:33 a.m. on Friday, June 5. or multistate significance, and to reform, extend, and eliminate certain agricultural research programs by a yea and nay vote of 364 yeas to 50 nays, Roll No. Committee Meetings 204—clearing the measure for the President. FOREST SERVICE—OFF-BUDGET FUNDS Pages H4123±34 Committee on Agriculture: Held a hearing on Review Earlier, a point of order was raised under Section of off-budget funds administered by the Forest Serv- 425 of the Congressional Budget Act of 1974, re- ice. Testimony was heard from James J. Meissner, garding unfunded intergovernmental mandates. Pur- Associate Director, Energy, Resources, and Science suant to Section 426 of the Congressional Budget Issues, Resources, Community, and Economic Devel- Act, the House agreed to consider the conference re- opment Division, GAO; Ron Stewart, Deputy Chief, port by a yea and nay vote of 324 yeas to 91 nays, Programs and Legislation, Forest Service, USDA; and Roll No. 203. Pages H4123±27 public witnesses. The conference report was considered pursuant to DEFENSE APPROPRIATIONS the unanimous consent order of June 3. Committee on Appropriations: Subcommittee on Na- Order of Business—User Fee Bill: Agreed by tional Security met in executive session and approved unanimous consent that it be in order at any time for full Committee action the Department of Defense to consider H.R. 3989, to provide for the enactment appropriations for fiscal year 1999. of user fees proposed by the President in his budget submission under section 1105(a) of title 31, United U.S. HOLOCAUST ASSETS COMMISSION ACT States Code, for fiscal year 1999, that the bill be Committee on Banking and Financial Services: Ordered considered as read for amendment; that the amend- reported amended H.R. 3662, U.S. Holocaust Assets ment placed at the desk, adding at the end of the Commission Act of 1998. bill Title IV, Tax Increases, be considered as adopt- Prior to this action, the Committee held a hearing ed; and that the previous question be considered as on H.R. 3662. Testimony was heard from Stuart ordered on the bill, as amended, to final passage Eizenstat, Under Secretary, Economics, Business and without intervening motion, except, one hour of de- Agricultural Affairs, Department of State; and public bate on the bill, as amended, equally divided and witnesses. controlled by Representative Solomon of New York ELECTRONIC COMMERCE and the Minority Leader or his designee; and one motion to recommit with or without instructions. Committee on Commerce: Subcommittee on Finance and Hazardous Materials held a hearing on Electronic Page H4134 Commerce: New Methods for Making Electronic Budget Resolution: The House completed general Purchases. Testimony was heard from Roger W. Fer- debate on H. Con. Res. 284, revising the congres- guson, Jr., member, Board of Governors, Federal Re- sional budget for the United States Government for serve System; and public witnesses. fiscal year 1998, establishing the congressional budget for the United States Government for fiscal MISCELLANEOUS MEASURES year 1999, and setting forth appropriate budgetary Committee on Education and the Workforce: Ordered re- levels for fiscal years 2000, 2001, 2002, and 2003. ported amended the following measures: H. Res. Further consideration will resume on Friday, June 5. 401, expressing the sense of the House of Represent- Pages H4144±63 atives that social promotion in America’s schools H. Res. 455, the rule that is providing for consid- should be ended and can be ended through the use eration of the concurrent resolution was agreed to by of high-quality, proven programs and practices; H. D590 CONGRESSIONAL RECORD — DAILY DIGEST June 4, 1998 Res. 399, urging the Congress and the President to retary, (Acquisition and Technology); F. Whitten Pe- work to fully fund the Federal Government’s obliga- ters, Acting Secretary; and Darleen A. Druyun, Prin- tion under the Individual with Disabilities Edu- ciple Deputy Assistant Secretary (Acquisition and cation Act; H.R. 3892, English Language Fluency Management), both with the Department of the Air Act; H. Res. 417, regarding the importance of fa- Force. thers in the raising and development of their chil- dren; H.R. 3874, WIC Reauthorization Amend- MISCELLANEOUS MEASURES; OVERSIGHT— ments of 1998; and H.R. 3254, IDEA Technical FISHING VESSELS U.S. OWNERSHIP Amendments Act of 1998. Committee on Resources: Subcommittee on Fisheries The Committee also approved Contract Agree- Conservation, Wildlife and Oceans approved for full ments providing services to the Committee regard- Committee action the following bills: H.R. 2291, to ing its oversight investigation of the International amend the Fish and Wildlife Improvement Act of Brotherhood of Teamsters election. 1978 to enable the Secretary of the Interior to more effectively utilize the proceeds of sales of certain PEOPLE’S REPUBLIC OF CHINA—SALE OF items; H.R. 3460, to approve a governing inter- BODY PARTS national fishery agreement between the United States Committee on International Relations: Committee on and the Republic of Latvia; and H.R. 3498, amend- Government Reform and Oversight held a joint ed, Dungeness Crab Conservation and Management hearing on the Sale of Body Parts by the People’s Act. Republic of China. Testimony was heard from Rep- The Subcommittee also held an oversight hearing resentative Linda Smith; and public witnesses. on United States Ownership of Fishing Vessels. Tes- INDONESIA—U.S. POLICY OPTIONS timony was heard from Senator Stevens; David Evans, Deputy Director, National Marine Fisheries Committee on International Relations: Subcommittee on Service, NOAA, Department of Commerce; Rear Asia and the Pacific held a hearing on U.S. Policy Adm. Robert C. North, USCG., Assistant Com- Options Toward Indonesia: What We Can Expect; mandant, Marine Safety and Environmental Protec- How We Can Help. Testimony was heard from tion, Department of Transportation; and public wit- Aurelia Brazael, Deputy Assistant Secretary, East nesses. Asia and the Pacific, Department of State; and pub- lic witnesses. BIPARTISAN CAMPAIGN INTEGRITY ACT MISCELLANEOUS MEASURES Committee on Rules: Granted, by voice vote, a rule waiving all points of order against the amendments Committee on the Judiciary: Subcommittee on Courts printed in the Rules Committee report accompany- and Intellectual Property approved for full Commit- ing H.R. 2183, Bipartisan Campaign Integrity Act, tee action amended H.R. 3891, Trademark if offered by the Member designated in the report. Anticounterfeiting Act of 1998. The rule provides that the amendment shall be con- The Subcommittee also began consideration of sidered as read. H.R. 3789, Class Action Jurisdiction Act. of 1998. IRAN MISSILE PROLIFERATION SANCTIONS IMMIGRATION AND NATIONALITY ACT ACT AMENDMENTS Committee on Rules: The Committee granted, by voice Committee on the Judiciary: Subcommittee on Immi- vote, a closed rule on H.R. 2709, Iran Missile Pro- gration and Claims held a hearing on H.R. 225, to liferation Sanctions Act of 1997, providing for a sin- amend the Immigration and Nationality Act to per- gle motion offered by the chairman of the Commit- mit certain aliens who are at least 55 years of age tee on International Relations or his designee to con- to obtain a 4-year nonimmigrant visitor’s visa. Testi- cur in each of the Senate amendments. The rule pro- mony was heard from Representative McCollum; vides that the Senate amendments and the motion Paul Virtue, General Counsel, Immigration and Nat- shall be considered as read. The rule provides one uralization Service, Department of Justice; and pub- hour of debate in the House equally divided between lic witnesses. the chairman and ranking minority member of the DEPOT MAINTENANCE WORKLOAD Committee on International Relations. COMPETITION OVERSIGHT—INTERNATIONAL Committee on National Security: Held a hearing on STANDARDS Competition for Depot Maintenance Workload. Tes- Committee on Science: Subcommittee on Technology timony was heard from the following officials of the concluded oversight hearings on International Stand- Department of Defense: J.S. Gansler, Under Sec- ards Part II: The Impact of Standards on the Digital June 4, 1998 CONGRESSIONAL RECORD — DAILY DIGEST D591 Economy. Testimony was heard from public wit- national security from advanced satellite technology ex- nesses. ports to China and Chinese efforts to influence U.S. pol- icy, 9 a.m., SH–219. KYOTO PROTOCOL Committee on Small Business: Held a hearing on the House Kyoto Protocol: The Undermining of American Committee on Commerce, Subcommittee on Health and Prosperity? Testimony was heard from Janet L. Environment, hearing on Electronic Commerce: The Yellen, Chair, Council of Economic Advisers; and Promise of Better Healthcare Through Telemedicine, public witnesses. 9:30 a.m., 2123 Rayburn. Subcommittee on Telecommunications, Trade, and SHIP SCRAPPING ACTIVITIES Consumer Protection, hearing on H.R. 2281, WIPO Committee on Transportation and Infrastructure: Sub- Copyright Treaties Implementation Act, 10 a.m., 2322 committee on Coast Guard and Maritime Transpor- Rayburn. tation held a hearing on Ship Scrapping Activities of Committee on Education and the Workforce, Subcommittee the United States Government. Testimony was heard on Early Childhood, Youth, and Families, hearing on from Patricia Rivers, Chief, Environmental Restora- Community Services Block Grant, 10 a.m., 2175 Ray- tion, Corps of Engineers, U.S. Army, Department of burn. Defense; and public witnesses. Committee on Government Reform and Oversight, Sub- FEDERAL BUILDINGS SECURITY committee on Government Management, Information, and Technology, oversight hearing on the Implementa- Committee on Transportation and Infrastructure: Sub- tion of the Debt Collection Improvement Act, 9:30 a.m., committee on Public Buildings and Economic De- 2247 Rayburn. velopment held a hearing on Security in Federal Subcommittee on Human Resources, oversight hearing Buildings. Testimony was heard from the following on HUD Contracting: Vulnerabilities and Proposed Solu- officials of the GSA: Robert Peck, Commissioner; tions, 10 a.m., 2203 Rayburn. and Eugene Waszily, Deputy Inspector General, Au- Subcommittee on National Security, International Re- dits; Bernard Ungar, Director, Government Business lations, and Criminal Justice, hearing on Cutting Edge Operations Issues, GAO; and public witnesses. Issues in Drug Testing and Drug Treatment, 10:30 a.m., WETLANDS RESTORATION AND 2154 Rayburn. IMPROVEMENT ACT Committee on International Relations, to mark up the fol- lowing measures: H. Con. Res. 270, acknowledging the Committee on Transportation and Infrastructure: Sub- positive role of Taiwan in the current Asian financial cri- committee on Water Resources and Environment ap- sis and affirming the support of the American people for proved for full Committee action amended H.R. peace and stability on the Taiwan Strait and security for 1290, Wetlands Restoration and Improvement Act. Taiwan’s democracy; H. Res. 392, relating to the impor- VETERANS LEGISLATION tance of Japanese-American relations and the urgent need for Japan to more effectively address its economic and fi- Committee on Veterans’ Affairs: Subcommittee on nancial problems and open its markets by eliminating in- Health approved for full Committee action the fol- formal barriers to trade and investment, thereby making lowing bills: H.R. 3980, Persian Gulf War Veterans’ a more effective contribution to leading the Asian region Health Care and Research Act of 1998; H.R. 3336, out of its current financial crisis, insuring against a global to name the Department of Veterans Affairs medical recession, and reinforcing regional stability and security; center in Gainesville, Florida, as the ‘‘Malcolm Ran- and H. Res. 404, commemorating 100 years of relations dall Department of Veterans Affairs Medical Cen- between the people of the United States and the people ter’’; and H.R. 2775, to designate the Department of the Philippines, 10 a.m., 2172 Rayburn. of Veterans Affairs medical center in Aspinwall, Committee on the Judiciary, Subcommittee on Crime, to Pennsylvania, as the ‘‘H. John Heinz III Department mark up the following bills: H.R. 3745, Money Launder- of Veterans Affairs Medical Center.’’ ing Act of 1998; and H.R. 3898, Speed Trafficking Life f in Prison Act of 1998, 9 a.m., 2237 Rayburn. COMMITTEE MEETINGS FOR FRIDAY, Joint Meetings JUNE 5, 1998 Joint Economic Committee, to hold hearings to examine (Committee meetings are open unless otherwise indicated) the employment-unemployment situation for May, 9:30 Senate a.m., 1334 Longworth Building. Select Committee on Intelligence, to continue closed hear- ings on the investigation of the impacts to United States D592 CONGRESSIONAL RECORD — DAILY DIGEST June 4, 1998

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Friday, June 5 9 a.m., Friday, June 5

Senate Chamber House Chamber Program for Friday: After the recognition of three Sen- Program for Friday: Consideration of H.R. 3989, User ators for speeches and the transaction of any morning Fee and Tax Increase Act of 1998 (subject to unanimous business (not to extend beyond 10:30 a.m.), Senate will consent order); resume consideration of S. 1415, Universal Tobacco Set- Completed consideration of H. Con. Res. 284, Budget tlement Act. Resolution (modified closed rule); and Consideration of Senate amendments to H.R. 2709, Iran Missile Proliferation Sanctions Act (closed rule, 1 hour of debate) of 1997.

Extensions of Remarks, as inserted in this issue

HOUSE Gilman, Benjamin A., N.Y., E1018, E1021 Pappas, Michael, N.J., E1021, E1025 Gordon, Bart, Tenn., E1016, E1017 Porter, John Edward, Ill., E1022 Barrett, Thomas M., Wisc., E1023 Hastings, Alcee L., Fla., E1023 Reyes, Silvestre, Tex., E1025, E1035 Bass, Charles F., N.H., E1021 Hayworth, J.D., Ariz., E1028 Rodriguez, Ciro D., Tex., E1032 Bereuter, Doug, Nebr., E1030, E1032 Horn, Stephen, Calif., E1031 Roemer, Tim, Ind., E1029 Borski, Robert A., Pa., E1028 Kaptur, Marcy, Ohio, E1035 Rogers, Harold, Ky., E1023 Costello, Jerry F., Ill., E1021 Kucinich, Dennis J., Ohio, E1016, E1022 Ros-Lehtinen, Ileana, Fla., E1028 Crane, Philip M., Ill., E1029 Lantos, Tom, Calif., E1025 Roukema, Marge, N.J., E1015, E1016, E1018, E1024 Davis, Jim, Fla., E1024 McHale, Paul, Pa., E1025 Sawyer, Thomas C., Ohio, E1027 Dingell, John D., Mich., E1027 McInnis, Scott, Colo., E1022 Schaffer, Bob, Colo., E1016, E1017 Ford, Harold E., Jr., Tenn., E1032 Menendez, Robert, N.J., E1023 Schumer, Charles E., N.Y., E1018, E1022 Frost, Martin, Tex., E1015 Mica, John L., Fla., E1021 Serrano, Jose´ E., N.Y., E1027 Gallegly, Elton, Calif., E1030 Minge, David, Minn., E1031 Stark, Fortney Pete, Calif., E1026, E1028 Gejdenson, Sam, Conn., E1028 Neal, Richard E., Mass., E1024, E1026 Tauscher, Ellen O., Calif., E1030 Gekas, George W., Pa., E1029 Pallone, Frank, Jr., N.J., E1020 Weldon, Curt, Pa., E1023

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