E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 104 CONGRESS, SECOND SESSION

Vol. 142 WASHINGTON, TUESDAY, APRIL 16, 1996 No. 48 House of Representatives

The House met at 9:30 a.m. and was complicated machinery. Under it men will be I believe that the current system has called to order by the Speaker pro tem- haled into courts distant from their homes. divided the Nation because it says, pore [Mr. DICKEY]. Heavy fines imposed by distant and unfamil- that if you work hard and make a good iar tribunals will constantly menace the tax- living you should be punished. To all f payer. An army of Federal inspectors, spies, and detectives will descend upon the State. those who say the current system is DESIGNATION OF SPEAKER PRO fair I would like to point out a recent Unfortunately, I believe the gentle- TEMPORE Readers Digest poll which found that man’s prediction was right. Americans believe that no one should The SPEAKER pro tempore laid be- We in Congress have created a sys- pay more than 25 percent in taxes and fore the House the following commu- tem that has grown from 11,000 to 7 that is Federal, State, and local com- nication from the Speaker: million words, from 14 pages to over bined. And this feeling was universal WASHINGTON, DC, 9,000, and now has 480 different tax across race, economic, and gender April 16, 1996. forms that require an additional 280 I hereby designate the Honorable JAY DICK- lines. forms to describe the first 480. I don’t EY to act as Speaker pro tempore on this I believe it is time to create a tax believe this system is either simple or day. system that promotes freedom. Free- NEWT GINGRICH, fair. I will ask anyone to tell me that it is dom to me means a system that is fair Speaker of the House of Representatives. and simple, encourages savings and in- f simple and fair when they can explain why 50 different tax experts, given the vestment, is efficient, drives the econ- MORNING BUSINESS same return for a family of 4, come omy, provides opportunity for all and back with 50 different answers. puts more money in your pocket. The SPEAKER pro tempore. Pursu- That is why we will introduce a reso- ant to the order of the House of May 12, And why does it take over 115,000 IRS agents to enforce this Tax Code. Does lution to repeal the 16th amendment to 1995, the Chair will now recognize the Constitution. The American public Members from lists submitted by the anyone realize that there are more IRS agents than are employed by the Envi- will see how destructive our tax system majority and minority leaders for really is. I believe as Abraham Lincoln morning hour debates. The Chair will ronmental Protection Agency, the Oc- cupational Safety and Health Adminis- did that ‘‘with public sentiment, noth- alternate recognition between the par- ing can fail; without it nothing can ties, with each party limited to not to tration, the Food and Drug Adminis- tration, and the Drug Enforcement succeed.’’ That is why I call on Con- exceed 30 minutes, and each Member gress and the American people to help except the majority and minority lead- Agency combined. I have to agree with Fred Goldberg, us pull up the income tax system by its er limited to not to exceed 5 minutes. roots and replace it with a system that The Chair recognizes the gentleman the IRS Commissioner under George Bush who said: gives everybody the chance to succeed from Texas, Mr. SAM JOHNSON, for 5 in attaining the American dream. minutes. The IRS has become a symbol of the most intrusive, oppressive, and nondemocratic in- f f stitution in a Democratic society. TIME TO CREATE A TAX SYSTEM Not to mention overly complex, economi- ISSUES CONGRESS SHOULD cally destructive, unprincipled, inefficient, ADDRESS THAT PROMOTES FREEDOM and discriminatory. The SPEAKER pro tempore. Under Mr. SAM JOHNSON of Texas. Mr. Discriminatory because, as stated by Jus- Speaker, I found a statement by Rich- tin Morrill, a Member of this body back in the Speaker’s announced policy of May ard E. Byrd, who was speaker of the 1866, in this country we neither create nor 12, 1995, the gentleman from New Jer- Virginia House of Delegates from 1908 tolerate any distinction of rank, race, or sey [Mr. PALLONE] is recognized during color, and should not tolerate anything else morning business for 5 minutes. to 1914, which was the time when the than entire equality in our taxes. income tax began. He predicted and I Mr. PALLONE. Mr. Speaker, I think Even the Founding Fathers were op- quote: many of us know that for the last few posed to any politics based on income weeks we have been in our districts. A hand from Washington will be stretched differences, because they feared it The House has not been in session until out and placed upon every man’s business; the eye of the Federal inspector will be in would lead to class warfare. They be- yesterday evening. Of course, it is an every man’s counting house * * * the law lieved that comity and tolerance opportunity to talk to your constitu- will of necessity have inquisitorial features, among the States and classes were the ents on a daily basis and get their * * * it will provide penalties, it will create preconditions for a unified country. input.

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.

H3389 H3390 CONGRESSIONAL RECORD — HOUSE April 16, 1996 What I found overwhelmingly was a cation funding to hire teachers or to floor today to pay tribute to a young feeling on the part of my constituents pay for teachers’ salaries or whatever, woman, a young woman by the name of in my district in New Jersey that this they either have to lay teachers off, as Gail Dobert. Gail Dobert was lost by us House of Representatives and this Con- many have now or give notice of lay- on April 3 in the tragic airplane crash gress under the leadership of Speaker offs, or increase their local property in Croatia that took the life of Sec- GINGRICH and the Republicans is not taxes to make up the difference. retary Ron Brown and 33 others. This getting the job done. That is what is happening in the morning I take the floor to talk about My constituents expressed concerns State of New Jersey. Many of our con- Gail and the promise that Gail rep- about health care, whether or not they stituents are going to be going to the resented. were going to have affordable health polls today voting on school board Mr. Speaker, literally tens of thou- insurance or any health insurance at budgets that are higher because they sands of young people come to Wash- all; they expressed a great deal of con- cannot expect the Federal aid that ington, DC, every year, with the hope cern about the environment, because they normally would have. What that of promise for the excitement and the we are now getting close to the sum- means is that property taxes go up for opportunity to be part of this Govern- mer season. My district is very depend- many of them and property taxes are ment. Whether it is the government of ent on shore tourism. For the last few already too high. There has been a lot Ronald Reagan or George Bush or years we have seen significant, at least of talk about taxation by the Repub- Jimmy Carter or Bill Clinton, they in the last 10 years, we have seen sig- lican leadership around here, but they come to this town because they are nificant improvement in our water have not mentioned the fact they are caught up in the excitement of a living quality, and they do not want to see actually increasing property taxes be- and vibrant democracy and wanting the clock turned back on environ- cause of the cutbacks in education very much to be a part of that democ- mental protection. funding. racy. They are also concerned about edu- On the issue of the environment, as I rise today to pay tribute to Gail. cation. Today in my district in New you know, next Tuesday, or next Mon- Gail Dobert was a Department of Com- Jersey we vote on the school board day I should say, will be Earth Day. We merce official. Her family of Moriches, elections and the budgets. Property will be celebrating, I believe, the 26th Long Island, a very wonderful family, taxes are going up in many municipali- Earth Day. Over the last 25 years, on a who described themselves as Kennedy ties, and there is concern about a lack bipartisan basis, there were major ac- Democrats and said that they are of State and Federal aid to help and complishments to protect and improve thrilled by Gail’s participation in the provide property tax relief. the protection of the environment. political process. Along with many of They are also concerned about jobs. Water and air quality have improved. my neighbors on Long Island, I was They are concerned about whether or But if you look at the record of this deeply saddened when we learned of the not pension, health care benefits, are Republican Congress and the Gingrich loss of Gail and Secretary Brown and going to be available, and whether they agenda over the last year, they have so many others on that tragic day. But today we are here to celebrate are going to have a job at all. tried significantly to turn back the I ask the Members of this House, I clock on environmental protection. the life of Gail and what she meant. So many individuals search their whole ask the Speaker, what is it that this They introduced and passed in this lives through to try to make a lasting Congress under the Republican leader- House what I call a dirty water bill, which eliminates a lot of the protec- contribution to the world, to their ship, under Speaker GINGRICH and the communities, to their Nation. I think rest of the Republican leadership, have tions to improve water quality, par- it is fair to say that Gail Dobert, in her done about any of these issues? And the ticularly with regard to enforcement. The spending bills, the same stopgap very short 34 years, made a tremendous answer is pretty much nothing. contribution, not only to the political We are back now for a 6-week session. spending bills that have major negative process, but enhancing our own democ- I understand that the House Repub- impacts on education have also had negative impacts on environmental racy and to working for the concerns lican leadership under Speaker GING- protection, to the point where the EPA that brought her to Washington. RICH is going to propose some bills that cannot do inspections, cannot do clean- Gail was born in Oneonta, NY, on are essentially, in my opinion, nothing up of hazardous waste sites pursuant to April 12, 1961, the same day that head- but smoke and mirrors, an effort to the Superfund Program. Grants that lines were made when the Russians had sort of suggest that they are going to would go to municipalities and coun- somebody orbiting the Earth. She grew address education, environment, and ties to upgrade sewage treatment, to up in St. Johns Street in Sayville, health care issues, but that they really make sure our water continues to be Long Island, and, ironically, she died will not be addressing those issues in a clean, have been cut back signifi- on St. Johns Hill in Croatia. As a Long significant way. cantly. Islander, she loved the ocean, the warm Let me just talk a little bit, if I can, What I have always said is it is very breezes and the beaches that she came about what is missing from this Repub- nice to have environmental laws on the to love after her experiences every lican leadership or Gingrich agenda. books, and we do have some good ones, summer on Fire Island with her family. First of all, the education element. We but what is the point if you do not have Rehoboth Beach, of course, became her are continuing to operate now as we the money to enforce those laws? favorite getaway beach from the rigors have since the beginning of this fiscal So I would just conclude, Mr. Speak- of Washington. year on what we call continuing resolu- er, and say that this House and this Re- In 1979 she graduated from tions. In other words, we have not publican leadership needs to address Connetquot High School in Long Island passed a budget, we have not passed ap- the real issues that face the American and left to attend Bucknell University. propriation bills, to keep the Govern- people, and not operate in this smoke She was the beloved daughter, a I said, ment going, and I know we have had and mirrors agenda. of Ken and Maureen Dobert, two indi- actually at least two Government shut- f viduals who describe themselves as downs because of the inability, if you Kennedy Democrats. She is the devoted will, of the House Republican leader- TRIBUTE TO GAIL DOBERT, DEP- sister of Ray and Darla, granddaughter ship to pass legislation to keep the UTY DIRECTOR, OFFICE OF BUSI- of Helen, and I might add that this Government operating. NESS LIAISON, AND LONGTIME family’s tragedy has only been en- But a big part of these continuing AIDE TO SECRETARY RON hanced because Gail lost both her resolutions or stopgap spending appro- BROWN grandmother and her grandfather, priation measures that have been The SPEAKER pro tempore. Under Maureen’s parents, earlier in the year. passed here have actually implemented the Speaker’s announced policy of May She is the adored niece of Regina and major cuts in education funding, for 12, 1995, the gentleman from New York James and Elizabeth and cousin to Mi- title I and other programs that are im- [Mr. FORBES] is recognized during chael, Jennifer, Christopher, and Jan- portant to our school districts. morning business for 5 minutes. ice. What that means is that when those Mr. FORBES. Mr. Speaker, I thank Prior to coming to Washington, Gail school districts do not get the edu- you for this opportunity. I take the worked for Philip Morris and the New April 16, 1996 CONGRESSIONAL RECORD — HOUSE H3391 York Daily News to help those two or- cities need to do is to downsize their way, because there would be enough ganizations with their summer jobs governments. That is exactly what is middle-income taxpayers to pay for program that aided economically dis- happening in the District of Columbia what needs to be paid for. There would advantaged young people to find em- as I speak. be a flat 15 percent rate that would ployment opportunities during the The fact is, however, that every have a progressive effect on the income summer in New York City. Her first job other city that has become insolvent scale, giving substantial Federal tax out of Bucknell was as assistant direc- had a dual strategy or they never reductions to D.C. taxpayers. tor of public relations here in Washing- would have become solvent. The State By the way, there is much to learn ton for the Sheration Hotel chain. She provided either some direct aid, as in from my bill, I think, for the States. If did press, marketing, and events plan- the case of Philadelphia, or a takeover you want to keep folks in New York, ning. But she could not fight that de- of functions and aid, as in the case of Newark, Chicago, and Los Angeles, per- sire to come up here on Capitol Hill, New York City. haps the States should try reducing and finally she landed a job as a senior The District is a unique entity, and I State income tax on taxpayers that re- legislative assistant to Pennsylvania have proposed a unique bill, the only main in those cities, rather than allow- Congressman Gus Yatron, a Democrat alternative I can see, that provides any ing those cities to become what every- of Pennsylvania. realistic way to counter the serious body knows they are becoming as I Following President Clinton’s elec- problems of the capital of the United speak, and that is basket cases. tion in 1992, the road led Gail to four States. You cannot afford to have the proud intense months as deputy director of The unique fact about this city, of capital of your country become a bas- operations for the inauguration. This course, to face first and foremost, is ket case. You are going to pay one way appointment came as a result of her that it has no State to help it in any or another. Let us pay for it by letting diligent and enthusiastic work under way. The Congress, which, of course, D.C. residents keep their own money. Ron Brown during his leadership as has an obligation to help it with a pay- There also would be capital gains ex- head of the Democratic National Com- ment in lieu of taxes, because we can- emption for D.C. residents who invest mittee. She served as budget manager not build on the best land in the Dis- in the District of Columbia. for the Victory ’92 Campaign, conven- trict, has not raised the District’s Fed- Yes, this is a unique remedy for a tion coordinator for all operational eral payment in 5 years. uniquely handicapped city. Read this events, and corporate fundraiser at the Now, costs have gone up enormously morning’s Washington Times editorial, DNC from 1990 to 1992. in 5 years, so that means that the Fed- ‘‘A Serious Plan for What Ails the Dis- After a 5-month recreational hiatus eral payment is taking a loss every trict.’’ at various beaches in the Caribbean, year that it is not raised. Congress, if f Gail was persuaded to join Secretary anything, made it worse this year by TRAVEL AND TOURISM IN Brown and did so in the Office of Busi- shutting down the Government for a AMERICA ness Liaison at the U.S. Department of week and by delaying the full Federal Commerce as a confidential aide, dep- payment for 6 months, just digging the The SPEAKER pro tempore. Under uty director, and, at the time of her hole deeper. the Speaker’s announced policy of May unfortunate death, as acting director. The Congress says the District can- 12, 1995, the gentleman from Wisconsin Under Secretary Brown’s leadership not impose a commuter tax, even [Mr. ROTH] is recognized during morn- and working closely with him, Gail though 2 million people come in here ing business for 5 minutes. helped to develop U.S. business inter- using our facilities and walk out every- Mr. ROTH. Mr. Speaker, I congratu- ests abroad, and in fact she was able to day without leaving a thin dime to sup- late the Speaker for the good job he is organize and coordinate Presidential port the city. doing in the Chair. business development missions to Rus- If you look at no State to help us, no The SPEAKER pro tempore. Thank sia, South America, China, Ireland, Federal payment increase in 5 years, you sir. You are not doing so badly India, Turkey, the Middle East, Africa, no commuter tax, you end up with no yourself. Bosnia and Croatia. These trade mis- way out. It is the obligation of this Mr. ROTH. Mr. Speaker, I am excited sions promoted export-related activi- body, that has constitutional respon- this morning. We now have 219 cospon- ties for specific business ventures by sibility for the capital of the United sors to the Travel and Tourism Part- American companies. They developed States and for every responsible person nership Act. That means that we have over $44 billion in American opportuni- in this city, to think through how the more than a majority of the Members ties abroad for businesses. recovery in fact is going to take place. in the U.S. House of Representatives Mr. Speaker, I ask that the memory Step one is in place. The District is that have signed onto this legislation, of Gail Dobert be recognized by this going to reduce its work force by 10,000 and it is only appropriate that it hap- House and by the Nation at large. people in the next 4 years. That is a 25- pened on April 15—tax day. That is the f percent reduction in its own city gov- day the American people focus on how ernment work force. I challenge any much it costs to run their Government. DISTRICT OF COLUMBIA ECONOMIC Member to show me any government The American people know that trav- RECOVERY ACT that has had that kind of reduction in el and tourism is the second largest in- The SPEAKER pro tempore. Under so short a period of time. Indeed, the dustry in America, and it is going to be the Speaker’s announced policy of May District is halfway there, because of the largest industry in America in only 12, 1995, the gentlewoman from the Dis- the 10,000 positions that will go, it al- 4 years. What this means is that one trict of Columbia [Ms. NORTON] is rec- ready has eliminated more than 5,000 of out of every nine Americans who ognized during morning business for 5 them. And yet this year, before half of works, works in the travel and tourism minutes. the fiscal year was over, the District industry. Ms. NORTON. Mr. Speaker, as this was down $100 million. You do not get Travel and tourism has only one body is aware, it has imposed a Control out of insolvency that way. problem: The people in the industry do Board on the District of Columbia, So yesterday on Tax Day, I intro- not know how powerful they are politi- which has become insolvent. The only duced the District of Columbia Eco- cally. So the people that work in travel reason there are not more cities in this nomic Recovery Act. It adopts the ap- and tourism, that work in our hotels, category, of course, is because most proach that Members on both sides of motels, and our restaurants, small cities have States. Nevertheless, New the aisle want the Congress to adopt, businesses up and down Main Street, York, Philadelphia, and Cleveland, tax cuts for the District of Columbia, America, they work hard and they pay long before the District became insol- rather than direct aid; tax cuts in their taxes. They do not do a lot of vent, themselves became insolvent and order to encourage middle income resi- screaming. So whenever a tax bill had control boards. dents who live here now to remain, and comes to pay for more and more taxes, Control boards, of course, are nec- others to come. the American Congress puts it on the essary, because insolvent cities cannot In other words, the city would be hard-working people that work in trav- borrow. One of the first things such able to support itself the old-fashioned el and tourism. Because they are so H3392 CONGRESSIONAL RECORD — HOUSE April 16, 1996 busy working, they do not have time to The U.S. Congress is not going to rium on the listing of new endangered demonstrate. produce jobs. Travel and tourism species. The American people ought to know produce jobs for one out of every nine The funding for protection of our Na- that every household in America, be- working Americans. In only 4 years, 661 tion’s wetlands, endangered species, cause of the travel and tourism indus- million people will be traveling world- forests and the public lands, must not try, pays $652 less in taxes. That is wide. Why is that important? Because be sacrificed in favor of short-term right. if you live and own a home any- that number of people will spend more profits for miners, grazers, and devel- where in America, yesterday, on tax than $585 billion in the process. That is opers. Programs to protect our Na- day, you paid $652 less in taxes because a lot of money to be added to the tion’s water and air should not be held of this industry, because so many peo- American economy. hostage to budget antics that have left ple are employed in this industry. The Mr. Speaker, our Travel and Tourism these primary environmental agencies travel and tourism industry pays a Caucus is the largest caucus in Con- limping through the 1996 fiscal year total of $54 billion a year in taxes, and gress—304 Members. I ask all Members with only a fraction of the funding that benefits all Americans. to join this caucus, because travel and needed to function. What has this Congress done? This tourism is the wave of the future. Mr. Speaker, I want to call to the at- Congress has closed down the U.S. f tention of our colleagues once again Travel and Tourism Administration. some of the impacts of the extreme Re- Travel and tourism is the second larg- THE 104TH CONGRESS AND THE publican cuts on the EPA. Weakened est industry in America and we have ENVIRONMENT enforcement of environmental laws, in- stopped advertising. What does every The SPEAKER pro tempore. Under cluding a 40-percent reduction in small business person in America the Speaker’s announced policy of May health and safety inspections of indus- know? You have to do some advertis- 12, 1995, the gentlewoman from Califor- trial facilities; delayed new standards ing. But Congress said ‘‘We are going nia [Ms. PELOSI] is recognized during to protect drinking water, including to save a few dollars,’’ being very my- morning business for 5 minutes. tap water standards; delayed new and opic, ‘‘and we are going to close down Ms. PELOSI. Mr. Speaker, I am ongoing cleanups at toxic waste sites; the U.S. Travel and Tourism Adminis- pleased to be a cosponsor of the travel rolled-back community right-to-know tration.’’ and tourism legislation of our col- information about toxic chemicals; What I have done is introduce this league from Wisconsin, Mr. ROTH, and created barriers to developing new con- legislation, and it does not cost 1 dollar wish him much success with it. How- trols to protect rivers and streams in taxes. With this legislation will have ever, I do take issue with one comment from industrial water pollutants. The the Government and private industry, that he made, and that is what he said Republican approaches have delayed travel and tourism, working together about Earth Day, that it is a day we go approving pesticides with lower health to let the world know what we have got have our press events, make some fuss risks as a safer alternative for farmers, to offer right here in America. about Earth Day, and then it is forgot- delayed new standards for toxic indus- Every day we can see the benefits of ten for the rest of the year. trial air pollutants, delayed review of travel and tourism. We had one of our Maybe that is the approach that air pollution standards to ensure ade- Members here this morning talking some of our colleagues on the Repub- quate health protection, delayed stud- about the environment and Earth Day. lican side of the aisle, and I am not in- ies on how toxic chemicals may impair reproductive development, and studies The money we spend on Earth Day, cluding Mr. ROTH in that, because I what will it do? It’s just 1 day, where know that is not his attitude, but some on how pollution affects high risk pop- people work on a project, and speak to of our more extreme Members on the ulations. I want to make two observations. the TV news in the evening; but the Republican side of the aisle take to The list goes on and on. I am just nam- next day it is all forgotten. Earth Day, but that is not the appro- Not with travel and tourism. People ing a few that affect EPA. There are priate approach. in travel and tourism are environ- others that affect the Department of As our colleague mentioned Earth mentalists every day of the year. Why? the Interior and the Department of Day, we are preparing for Earth Day, It’s their business. We want to have Justice’s enforcement. I make two ob- the 26th anniversary of the first Earth clean water. We want to have clean air. servations about that list. Day, which will occur next Monday. I We want to make sure we have rec- One is, Mr. Speaker, as you know, as think it is important to make some ob- reational areas for people to enjoy and a colleague on the Subcommittee on servations about what has happened in to have a healthy environment: All of Health and Human Services of the this 104th Congress when it comes to this means tourism. Committee on Appropriations, sci- I think the U.S. Congress, Mr. Speak- the environment. entists have come before our sub- er, is waking up to that message, and The 104th Congress came to Washing- committee and said that you cannot that is why we have 219 cosponsors on ton with an aggressive anti-environ- separate personal health from the this bill. Very few bills ever get that ment agenda promoted largely by in- health of our environment. Pollution kind of support. dustry and special interest groups who prevention is disease prevention. That But the flip side is we have 216 Mem- are determined to turn back 25 years of makes these cuts foolish cuts, because bers of Congress in the House who are progress to protect public health, safe- they are not cutting the budget, they not yet signed on. Do they not care ty and the environment. are reducing an investment in public about one out of every nine working The budget cuts proposed by the health as well as environmental health. people in America? I want the travel Gingrich majority in Congress for the I want to also call to the attention of and tourism industry to contact these Department of Interior and the Envi- our colleagues the release of a report Members too. To let them know this is ronmental Protection Agency are by the California State Senate on envi- going to be an election issue, and that aimed at the heart of our Nation’s en- ronmental protection. The report says, travel and tourism means jobs. vironmental protection. The two de- ‘‘Contrary to popular belief, environ- There are three industries that jobs partments with the greatest environ- mental regulations are not a major for the American people will come mental authority have become the cause of job losses and declining eco- from the rest of this decade and into prime targets in the current attack on nomic performance.’’ The Senate re- the 21st century. What are they? Tele- the environment. port concludes that environmental communications, information tech- The proposed cut in funding for the laws are not a major cause for the relo- nology, and travel and tourism. These EPA is 21 percent below last year’s cation of businesses to other States or are the three great job-producers in level, and this would seriously affect countries. According to the report, America’s future. EPA’s enforcement of clean air, clean more jobs are lost from leveraged buy- So when we talk about travel and water, and safe drinking water laws. outs and mergers than from controlling tourism, we are talking about an in- The Interior appropriations bill in- pollution. dustry that is going to produce the jobs cluded provisions to open Alaska’s The American people have the an- that our people need if we are going to Tongass National Forest to increased swer: They want a safe and healthy en- have a strong economy. logging and to continue the morato- vironment. We should follow their lead April 16, 1996 CONGRESSIONAL RECORD — HOUSE H3393 and we should live up to their expecta- American people down, and it will b 1100 tions that the Federal Government will make the health care problem worse. AFTER RECESS ensure their health and safety at all We had a bipartisan bill sponsored in levels. the Senate by Senator KENNEDY and The recess having expired, the House Mr. Speaker, on that note, I would Senator KASSEBAUM, and in this body, was called to order by the Speaker at like to close by saying when we observe in the House, by Congresswoman 11 a.m. Earth Day this year, we should use it MARGE ROUKEMA of New Jersey, a bi- f to make observations about how far we partisan bill that took the first steps PRAYER have come and what is at risk, and we toward addressing these two very seri- should every day of every year work to ous problems. Instead of passing that The Chaplain, Rev. James David protect the environment and health of legislation as it is and as the authors Ford, D.D., offered the following pray- the American people. thought it best, what happened was er: f that under the banner of reform, the As the rain nourishes the Earth, so THE NEW LEGISLATIVE AGENDA House passed the bill which includes may Your grace, O God, nourish us in extraneous provisions that raise costs, the depths of our souls, our minds, and The SPEAKER pro tempore. Under hurt consumers, and will increase the our hearts. We strive to learn and mas- the Speaker’s announced policy of May number of uninsured in this country. ter new tasks. We absorb the facts and 12, 1995, the gentlewoman from Con- figures of today’s world and we have all necticut [Ms. DELAURO] is recognized For example, they added medical sav- ings accounts, which are expensive, de- the resources of the intellect of the during morning business for 5 minutes. generations. Yet on this day we pray Ms. DELAURO. Mr. Speaker, today structive and bad health care policy. Instead of helping working middle- that we will heed the needs of our Congress returns from a 2-week break, souls, strengthen our inner being in and the Republican majority leader has class families, our Republican col- leagues continue to cater to the special faith, preserve the hope and renewal of announced what he calls a new legisla- our hearts and by so doing walk in love tive agenda for this Congress. But in interests. The medical savings ac- counts are a creature of the Golden and trust with You, our God, for ever fact it is the same old Republican agen- and ever. Amen. da, dressed up with some new rhetoric. Rule Insurance Co., headed up by J. Their agenda still fails the fundamen- Patrick Rooney, who, not by my de- f scription, but by the description of a tal test, which is helping working mid- THE JOURNAL dle-class families cope with the chal- variety of others, including the Wall lenges that they face in their everyday Street Journal, has indicated that he is The SPEAKER. The Chair has exam- lives. the third largest contributor to Repub- ined the Journal of the last day’s pro- When I was home during the recent lican campaigns. ceedings and announces to the House break, I met with constituents in my Medical savings accounts have been his approval thereof. district who feel that this Congress is added to this bill, causing an enormous Pursuant to clause 1, rule I, the Jour- simply not doing the job that working problem. Medical savings accounts will nal stands approved. families need. take the healthy out of the traditional Mr. DIXON. Mr. Speaker, pursuant to Consider just two issues, health care insurance pool, provide them with a clause 1, rule I, I demand a vote on and pensions. The House passed a tax break, and leave the insurance pool agreeing to the Speaker’s approval of health insurance reform bill that with only those who are frail and sick, the Journal. should have addressed, I repeat, should thereby driving up premiums for every- The SPEAKER. The question is on have addressed, the problems faced by one else. With the rise in those costs of the Chair’s approval of the Journal. the millions of Americans who cannot premiums, people will no longer be able The question was taken; and the get health insurance because they suf- to afford them, thereby increasing the Speaker announced that the ayes ap- fer from a preexisting condition. number of uninsured. peared to have it. I have a preexisting condition. I am a Mr. DIXON. Mr. Speaker, I object to The American Council of Actuaries, the vote on the ground that a quorum survivor of ovarian cancer. There are not a liberal group by any stretch of not too many businesses that want to is not present and make the point of the imagination, indicated that there order that a quorum is not present. include me in their insurance policy would be a 61 percent shifting of costs because of my prior illness. It would The SPEAKER. Evidently a quorum with the medical savings account to is not present. raise the cost of premiums for every- those who are now currently insured in one. So I understand this problem of The Sergeant at Arms will notify ab- a traditional insurance policy, a 61-per- sent Members. preexisting condition. cent shift in cost. Millions of Americans cannot get The vote was taken by electronic de- health insurance because they suffer Working Americans know very, very vice, and there were—yeas 335, nays 67, from a preexisting condition, or they well, very well, about cost shifting in answered ‘‘present’’ 1, not voting 28, as fear losing their coverage if they lose health care. When people are not in- follows: or they change their jobs. When Con- sured, that does not go begging, it does [Roll No. 118] gress took up this bill, we had a real not fall into a black hole. Everybody YEAS—335 else who is insured picks up the cost. opportunity, a real opportunity, to Allard Bishop Castle help families in this country by mod- We had an opportunity, and we missed Andrews Bliley Chabot estly reforming the health insurance it. Archer Blute Chambliss Armey Boehlert Chenoweth industry and meeting the needs of Watch carefully and listen carefully. Bachus Bonilla Christensen working families. Do not buy this new rhetoric. Under- Baesler Bonior Chrysler I was in Wallingford, CT, not too long stand what is going on here. Baker (CA) Bono Clement Baker (LA) Boucher Clinger ago, where I met with a group of con- Ballenger Brewster Coble struction workers. One of the gentle- f Barcia Browder Coburn men there said to me that he was very, Barr Brown (OH) Coleman very much concerned about the Barrett (NE) Brownback Collins (GA) RECESS Barrett (WI) Bryant (TN) Collins (MI) downsizing of businesses all over the Bartlett Bryant (TX) Combest country. He has a child with a terminal The SPEAKER pro tempore. There Barton Bunn Condit illness. He said, ‘‘I stay up nights wor- being no further requests for morning Bass Bunning Conyers business, pursuant to clause 12, rule I, Bateman Burr Cooley rying that if I lose my job, I lose my Beilenson Burton Costello health care. What do I do about my the House will stand in recess until 11 Bentsen Callahan Cox child’s illness and her health care?’’ a.m. Bereuter Calvert Coyne We had an opportunity, and, Accordingly (at 10 o’clock and 10 Berman Camp Cramer Bevill Campbell Crane unforturnately and sadly, the bill that minutes a.m.), the House stood in re- Bilbray Canady Crapo passed the House is a bad bill. It let the cess until 11 a.m.) Bilirakis Cardin Cremeans H3394 CONGRESSIONAL RECORD — HOUSE April 16, 1996

Cubin Jefferson Petri Hilliard Olver Tanner Ms. MILLENDER-MCDONALD ap- Cunningham Johnson (CT) Porter Jacobs Pallone Taylor (MS) peared at the bar of the House, and Danner Johnson (SD) Portman Klink Pastor Thompson Davis Johnson, E. B. Poshard LaFalce Pelosi Torkildsen took the oath of office, as follows: de la Garza Johnson, Sam Pryce Latham Pickett Velazquez Do you solemnly swear that you will Deal Johnston Quillen Levin Pombo Visclosky support and defend the Constitution of DeLauro Jones Quinn Lewis (GA) Pomeroy Volkmer the United States against all enemies, DeLay Kanjorski Radanovich Longley Rush Watt (NC) Dellums Kaptur Rahall Manton Sabo Weller foreign and domestic; that you will Deutsch Kasich Ramstad Martini Schroeder Wynn bear true faith and allegiance to the Diaz-Balart Kelly Rangel McDermott Sisisky Yates same; that you take this obligation Dickey Kennedy (MA) Reed Menendez Skaggs Zimmer freely, without any mental reservation Dicks Kennedy (RI) Regula Neal Stark Dingell Kennelly Rivers Oberstar Stockman or purpose of evasion, and that you will Dixon Kildee Roberts well and faithfully discharge the duties ANSWERED ‘‘PRESENT’’—1 Doggett Kim Roemer of the office on which you are about to Dooley King Rogers Harman Doolittle Kingston Rohrabacher enter. So help you God. Doyle Kleczka Ros-Lehtinen NOT VOTING—28 The SPEAKER. Congratulations, you Dreier Klug Roth Becerra Gibbons Riggs are a Member of the House. Duncan Knollenberg Roukema Boehner Greenwood Rose f Dunn Kolbe Roybal-Allard Buyer Largent Thornton Edwards LaHood Royce Chapman LaTourette Tiahrt A WELCOME TO THE HONORABLE Ehlers Lantos Salmon Clay Markey Towns JUANITA MILLENDER-MCDONALD Ehrlich Laughlin Sanders Dornan McDade Vento Emerson Lazio Sanford Farr Meek Wilson AS A MEMBER OF THE HOUSE English Leach Sawyer Fattah Myrick Young (AK) (Mr. BROWN of California asked and Eshoo Lewis (CA) Saxton Fields (LA) Owens Evans Lewis (KY) Scarborough Ford Richardson was given permission to revise and ex- Ewing Lightfoot Schaefer tend his remarks.) Fawell Lincoln Schiff b 1127 Mr. BROWN of California. Mr. Speak- Fields (TX) Linder Schumer er, it is my great honor and privilege Flake Lipinski Scott So the Journal was approved. Flanagan Livingston Seastrand The result of the vote was announced this morning, on behalf of the Califor- Foley LoBiondo Sensenbrenner as above recorded. nia delegation, to introduce the newest Forbes Lofgren Serrano Member of Congress from the State of Fowler Lowey Shadegg f Fox Lucas Shaw California. I hope that she will be the Franks (CT) Luther Shays PLEDGE OF ALLEGIANCE first in a series of new Members that Franks (NJ) Maloney Shuster The SPEAKER. Will the gentleman will be elected from California. Frelinghuysen Manzullo Skeen But before I yield briefly to the mi- from North Carolina [Mr. BALLENGER] Frisa Martinez Skelton nority leader, I would like to note that Frost Mascara Slaughter come forward and lead the House in the Funderburk Matsui Smith (MI) Pledge of Allegiance. Gus Hawkins is present to participate Furse McCarthy Smith (NJ) in this great activity, and before we Mr. BALLENGER led the Pledge of Gallegly McCollum Smith (TX) begin to praise JUANITA, may I just say Smith (WA) Allegiance as follows: Ganske McCrery about Gus Hawkins, my dear friend for Gejdenson McHale Solomon I pledge allegiance to the Flag of the Souder the last 40 to 50 years, that he is the Gekas McHugh United States of America, and to the Repub- Gilchrest McInnis Spence lic for which it stands, one nation under God, dean of all elected officials in the State Gillmor McIntosh Spratt of California, having served for 56 years Gilman McKeon Stearns indivisible, with liberty and justice for all. continuously, half in this body and half Gonzalez McKinney Stenholm f Goodlatte McNulty Stokes in the State legislature, of course. Goodling Meehan Studds COMMUNICATION FROM THE Again, more appropriately, he is the Gordon Metcalf Stump first African-American to be elected Goss Meyers Stupak CLERK OF THE HOUSE from southern California, and this is Graham Mica Talent The SPEAKER laid before the House Tate the latest African-American to be Green (TX) Miller (CA) the following communication from the Greene (UT) Miller (FL) Tauzin elected from southern California. And I Clerk of the House of Representatives: Gunderson Minge Taylor (NC) think it is appropriate to note in such Hall (TX) Mink Tejeda OFFICE OF THE CLERK, Hamilton Thomas a brief period how much history has Moakley U.S. HOUSE OF REPRESENTATIVES, Thornberry Hancock Molinari Washington, DC, April 16, 1996. changed in California. Hansen Mollohan Thurman Mr. Speaker, I yield to the minority Hon. NEWT GINGRICH, Hastert Montgomery Torres leader for any introductory remarks he Hastings (WA) Moorhead Torricelli The Speaker, U.S. House of Representatives, Hayes Moran Traficant Washington, DC. may wish to make. Hayworth Morella Upton DEAR MR. SPEAKER: I have the honor to Mr. GEPHARDT. Mr. Speaker, Hefner Murtha Vucanovich transmit herewith a copy of the certificate thanking Mr. Dean, Members of the Herger Myers Walker of election received from the Honorable Bill Walsh House, I rise this morning on behalf of Hinchey Nadler Jones, Secretary of State, State of Califor- Hobson Nethercutt Wamp all of my Democratic colleagues and Hoekstra Neumann Ward nia, certifying that, according to the semi- all of my colleagues to welcome the Hoke Ney Waters official returns of the Special Election held newest Member of the House of Rep- Holden Norwood Watts (OK) on the 26th day of March, 1996, the Honorable Horn Nussle Waxman Juanita M. McDonald was elected to the Of- resentatives, JUANITA MILLENDER- Hostettler Obey Weldon (FL) fice of Member of the Congress from the MCDONALD of California. Houghton Ortiz Weldon (PA) Thirty-seventh Congressional District of Many of our colleagues have begun White Hoyer Orton California. their careers in local and State, city, Hunter Oxley Whitfield Hutchinson Packard Wicker With warm regards, town government and built their un- Hyde Parker Williams ROBIN H. CARLE. derstanding of their districts and their Inglis Paxon Wise f communities from the bottom up, from Wolf Istook Payne (NJ) the grass roots. But in the gentle- Jackson (IL) Payne (VA) Woolsey SWEARING IN OF THE HONORABLE Young (FL) woman from California [Ms. Jackson-Lee Peterson (FL) JUANITA MILLENDER- (TX) Peterson (MN) Zeliff MILLENDER-MCDONALD], we have gained MCDONALD, OF CALIFORNIA, AS a colleague who has already used her NAYS—67 A MEMBER OF THE HOUSE OF talents as a State lawmaker to become Abercrombie DeFazio Gephardt REPRESENTATIVES a national leader. Ackerman Durbin Geren Baldacci Engel Gutierrez The SPEAKER. Will the Member- A former school teacher, Ms. Borski Ensign Gutknecht elect from California, the Honorable MILLENDER-MCDONALD has been an in- Brown (CA) Everett Hall (OH) JUANITA MILLENDER-MCDONALD, pre- novator on education policy, pushing Brown (FL) Fazio Hastings (FL) sent herself in the well along with the for creative reforms in California’s Clayton Filner Hefley Clyburn Foglietta Heineman California delegation and raise her inner-city schools, such as better Eng- Collins (IL) Frank (MA) Hilleary hand? lish instruction, tougher standards and April 16, 1996 CONGRESSIONAL RECORD — HOUSE H3395 model school-to-work programs. That promise to the constituents was that I stantial clinical and epidemiological may be why she was appointed to the would take Choose Hope to Washington evidence that chronic fatigue syndrome National Commission on Teaching in because, for me, Hope represents the is a devastating infectious disease America’s Future and the Education American agenda that speaks to oppor- caused by a specific virus rather than a Committee of the States, where she tunity to fulfill dreams, quality edu- psychosomatic illness as the CDC has serves as a powerful voice for Califor- cation, job preparation and training, claimed. Miss Johnson asserts that nia. but expands global work opportunities, there is impressive evidence the chron- She has also worked to start work- job creation through business incen- ic fatigue syndrome is, in fact, an shops all across the country to encour- tives and transportation projects while immunological disease with many of age broad education reform. maintaining health security for seniors the same characteristics as AIDS, that But education is just one of the is- and protection for our children. HHV–6, a virus may be a precipitating sues on which she has made her mark. I am also going to foster gender eq- factor or a cofactor in CFS and in From her seat in one of California’s uity in health research projects. So I other immunological diseases, includ- most diverse assembly districts, she have come today to work with you as a ing AIDS, and that distinguished sci- fought for transportation improve- team so that we can all forge an Amer- entists who have come to the same or ments that are creating hundreds of ican agenda for all of the people of the similar conclusion have been system- new jobs, for child care, for grand- United States as well as California in a atically ostracized and denied funding parents raising their grandchildren, for bipartisan effort. I do welcome your for the research by a snall clique at the the growth of high-tech business in support and thank you so much. Center for Disease Control. I have already contacted Health and California, for basic rights for the f homeless, and for reform of California’s Human Services Secretary Donna workmen’s compensation laws. ANNOUNCEMENT BY THE SPEAKER Shalala requesting that she investigate these disturbing allegations, and I now When she became chair of California Mr. SPEAKER. The Chair will take 1- urge my colleagues to join me in di- assembly’s insurance committee, she minute speeches. was the first woman and the first mi- recting the GAO to look into this mat- f nority to do so. ter as well. When she became chair of the reve- NO EXCUSE FOR 40-PERCENT TAX f nue and taxation committee, she was RATE ON MIDDLE-INCOME FAMI- TAX DAY IN AMERICA also the first woman to do that. She LIES has blazed a trail of innovation and ac- (Mr. HEFLEY asked and was given (Mr. CHABOT asked and was given complishment on every issue that she permission to address the House for 1 permission to address the House for 1 has faced. minute.) Mr. HEFLEY. Mr. Speaker, the most My colleagues, not only have we minute and to revise and extend his re- dreaded day of the year arrived yester- gained a tireless and effective new marks.) day. It was tax day in America. The champion for the 37th District of Cali- Mr. CHABOT. Mr. Speaker, yesterday Republicans tried to make yesterday a fornia, a woman with almost unlimited millions and millions of Americans little better by passing a constitu- interests and abilities, we have also paid their taxes all across this country. tional amendment to require a two- gained a sage and experienced legisla- Unfortunately, most of them found that the Government was taking more thirds vote to raise taxes. tor, and in keeping with her first ca- Unfortunately, the tax and spenders reer I believe she can teach us a great and more of their hard-earned dollars, and they were keeping less and less to in Congress prevented us from doing deal. that. The liberals praise themselves for Join me now, my colleagues, in wel- support their families. The tax burden on the average Amer- having the courage to raise taxes. coming our newest colleague, the gen- That’s not courage, that’s taking the tlewoman from California [Ms. ican family is outrageous. The total tax bill for an average family is almost easy way out. That’s why we had a MILLENDER-MCDONALD]. record tax increase in 1993. It shouldn’t Mr. BROWN of California. I am of 40 percent. Most Americans will spend more on taxes than they do on food, be that easy. course going to yield to the gentle- A recent survey showed that 1 per- woman from California [Ms. shelter, clothing, health care com- bined. Think of that; it is unbelievable. cent of Americans believe taxes are too MILLENDER-MCDONALD] to make a brief low. By preventing us from passing this response immediately, but are there Yesterday, during debate, one of the participants on the other side noted tax limitation amendment, the tax any other Members from California lovers in this Congress have defied the who would like to say a word? If not, that taxes are what we pay for civiliza- tion. Now, I am mystified as to where will of 99 percent of America. then I would now at this time again We could have made yesterday a lit- present the gentlewoman to talk and that bit of wisdom was gleaned. There is no excuse for a 40-percent tax rate on tle better. Instead, the liberals are try- invite her under my 1-minute to re- ing to ensure that every day is tax day spond briefly to the welcome that she middle-income families. That is not civilization; that is something close to in America. has just received. f Ms. MILLENDER-MCDONALD. Mr. tyranny. Speaker, Members, I am honored to The American people have every TRIBUTE TO REX CHAO represent the outstanding constituents right to be upset about high taxes, and (Ms. MOLINARI asked and was given of the 37th Congressional District, a we have an obligation to try and permission to address the House for 1 district that mirrors America because change tax and spend Washington. It is minute and to revise and extend her re- it is one of the most diverse districts in time we give tax relief to the American marks.) the State of California. The constitu- people, and we ought to do it right Ms. MOLINARI. Mr. Speaker, last ents of the 37th Congressional District now. week, a senseless tragedy took from us are hard-working and share the same f a great and giving friend. Rex Chao, a concerns with Americans about crime, student at Johns Hopkins University jobs, security, taxes, health care, and CFS IS A DEVASTATING and an intern in my office, was mur- the future. INFECTIOUS DISEASE dered in very cold blood. It is difficult My constituents include my family, (Mr. NADLER asked and was given to not think of Rex in the most alive of who have traveled afar to come here permission to address the House for 1 terms. He loved being here in the U.S. today for this very historic event, and minute and to revise and extend his re- Capitol, immersed in Government. He I would like to have them acknowl- marks.) was excited by the Republican revolu- edged in the gallery. Mr. NADLER. Mr. Speaker, a re- tion and he was driven by his love and My campaign theme was to Choose cently published book, Osler’s Web, by confidence in our Nation. Hope, and it drew inspiration from my Hillary Johnson, charges with impres- My office and I struggled with the grandchildren, Ayanna Demaris Thom- sive evidence that the Federal Center most fitting tribute we could give our as, and Myles Chandler McDonald. My for Disease Control has ignored sub- friend and decided that it should be a 1- H3396 CONGRESSIONAL RECORD — HOUSE April 16, 1996 minute speech. Rex would want to be EARTH DAY ture, their children’s education, and in the middle of partisan debate and (Ms. MCKINNEY asked and was given put a little bit of money to the side. elevated discussions concerning the is- permission to address the House for 1 f sues we face as Americans. Rex will minute and to revise and extend her re- CALLING FOR RESTORATION OF now be recorded forever in congres- marks.) sional history. SUMMER JOBS PROGRAMS FOR Ms. MCKINNEY. Mr. Speaker, Earth Our debates, our philosophies are im- 615,000 DESERVING STUDENTS Day will soon be upon us, and under in- portant to our democracy. But it is the (Ms. JACKSON-LEE of Texas asked structions from the Republican Na- idealism of young people like Rex that and was given permission to address tional Committee, members from the will always guarantee its future. We the House for 1 minute and to revise other side of the aisle will be planting are grateful he came our way. and extend her remarks.) trees in an effort to clean up their well- f Ms. JACKSON-LEE of Texas. Mr. deserved antienvironmental image. Speaker, I could not help but hear my HOW ABOUT A FEW JOBS IN The American people know, however, good friend, the gentleman from Flor- AMERICA? that the only thing green about the Re- ida, talk about jobs. I just wonder how (Mr. TRAFICANT asked and was publican Party is the color of the cam- many of the Republicans are support- given permission to address the House paign dollars they receive from big- ing the increase in minimum wage that for 1 minute and to revise and extend name polluters. so many Americans need. his remarks.) It is no coincidence, Mr. Speaker, Now there are approximately 53 days Mr. TRAFICANT. Mr. Speaker, the that the Republican majority is still left until schools in Houston and across Department of Labor continues to trying to pass legislation to allow oil the Nation recess for summer vacation. amaze me with these new job listings. and gas drilling in the Arctic National There will be a crisis of out-of-work Check this out: Box bender ball warper, Wildlife Refuge in Alaska. GOP coffers young people if this Congress does not fish smoker, top screw nut roaster, im- have been pumped full of money from restore the Job Training Partnership pregnator, worm picker blank maker, the oil and gas industries. Act funds for summer youth employ- hooker laster. Does that mean there is You see, the process is simple: Pump ment. a hooker quicker job? If that is not greenbacks into Republican coffers, The extremist forces in the House enough to file your chapter 7, how then pump oil and gas out of fragile have smeared the memory of Dr. Mar- about a slime plant operator helper? ecosystems. tin Luther King in the month of his How about a wax ball knockout work- So this coming Earth Day when you death, as he fought for the opportuni- er? see your Republican Member of Con- ties for underprivileged young people Unbelievable, Mr. Speaker, when gress planting a tree, just think of how to find summer work, by eliminating American workers become box bending, scenic the Arctic National Wildlife Ref- these funds altogether. Eliminated ball warping, nut roasting top screws, uge will be with oil wells dotting the were $867 million in nationwide fund- it is evident everybody is getting their landscape. ing, $9.1 million from my hometown in fish smoked. How about a few jobs in f Houston, TX, alone; in all, leaving America? Eight million jobs. What do some 615,000 underprivileged young they pay, Mr. Speaker? Five dollars an WE MUST PROTECT WORKING people across America without summer hour? I yield back the balance of these CLASS AMERICANS FROM ROB- jobs that they depend on to support jobs. BERY BY THE FEDERAL GOV- their families and return to school. f ERNMENT EVERY APRIL 15 Fortunately, the Senate has restored most of the funding for this vital pro- GEORGE STEPHANOPOULOS HAS IT (Mr. SCARBOROUGH asked and was given permission to address the House gram. However, the uncertainty that BACKWARD: FOR PRESIDENT this program faces due to temporary CLINTON, ACTIONS ARE WORDS, for 1 minute and to revise and extend his remarks.) spending measure after temporary AS EVIDENCED BY HIS VETOES spending measure leaves us in jeop- Mr. SCARBOROUGH. Mr. Speaker, I (Mr. BALLENGER asked and was ardy. like trees. I think it is a good idea that given permission to address the House Mr. Speaker, I simply ask, in 53 days, for 1 minute and to revise and extend we plant more trees. But let us talk let us stand for the young people of his remarks.) about something serious and get be- America. Let us restore the jobs, the Mr. BALLENGER. Mr. Speaker, in yond partisan bickering. Let us talk 6,000 jobs in Houston, and the $9.1 mil- the current issue of Time magazine, we about what happened yesterday with lion. the tax vote. have a very interesting quote from f George Stephanopoulos, one of Bill We continue to hear that we are pro- Clinton’s top aides. He says, ‘‘For this viding tax cuts for the rich, but I have MINIMUM WAGE INCREASE IS NOT President, words are actions.’’ to tell the Members, when I hold my A PANACEA Well, let’s examine the record. Here town hall meetings, and I have held 75 (Mrs. SEASTRAND asked and was are some interesting words from one of over the past year, it is not people given permission to address the House Bill Clinton’s campaign commercials: making six figures asking for tax cuts, for 1 minute and to revise and extend ‘‘I’ve offered a plan to get the economy it is working class Americans making her remarks.) moving again, starting with a middle- $30,000 or less who see every 2 weeks Mrs. SEASTRAND. Mr. Speaker, class tax cut.’’ Or, how about these when they are working at Wendy’s and somehow liberals in this House and the words: ‘‘I would present a 5-year plan they are working at Wal-Mart and they big labor union bosses here in Washing- to balance the budget.’’ And let’s not are carrying two or three jobs, that the ton, DC, are convinced that raising the forget these words, again, from the Federal Government is taking more minimum wage will somehow solve the President: ‘‘I have a plan * * * to end and more and more of their money. world’s problems. The belief in the ef- welfare as we know it.’’ We have to do something to protect fectiveness of the minimum wage is a Mr. Speaker, considering the fact those working class Americans who triumph of fantasy over reality, of that Bill Clinton has vetoed all of these continue to get robbed by the Federal symbolism over substance. promises, I’m left wondering, What is Government every April 15 and every 2 The proponents of an increased mini- George Stephanopoulos talking about? weeks. That is why I was proud to vote mum wage argue that Americans need The record is clear. There is no simi- the way I did, and that is why I was a raise. Well, if Members recall, Mr. larity between what Bill Clinton says disappointed to hear the rhetoric about Speaker, Republicans tried to give and what he does. all these people who are so darned in- working Americans a raise by giving Obviously, Mr. Stephanopoulos got it terested in union workers and the them a tax cut, and the President said backward: For this President actions working class Americans who will not no and vetoed it. Now liberals are fall- are words, because his vetoes speak do what they want them to do, and ing, and, I might say, those big labor volumes about protecting Washington’s that is to give them back more of their union bosses are falling all over them- values. money so they can invest in their fu- selves trying to portray themselves as April 16, 1996 CONGRESSIONAL RECORD — HOUSE H3397 defenders of the poor, the economically minute and to revise and extend his re- publicity stunts this Earth Day—the downtrodden. But it is all an act, and marks.) American people will not be fooled. Americans know it. Even President Mr. ZELIFF. Mr. Speaker, the gen- f Clinton’s top economic adviser, Joseph tleman from Illinois, DENNY HASTERT, Stieglitz, wrote in an economic text- the gentleman from Florida, JOHN AMERICA’S ENVIRONMENTAL book that, ‘‘A higher minimum wage MICA, the gentleman from Indiana, PROBLEMS CAN BE SOLVED does not seem a particularly useful MARK SOUDER, and I just returned from ONLY AT THE STATE AND COM- way to help the poor.’’ a counternarcotics trip to Mexico, Pan- MUNITY LEVEL If liberals and those labor bosses ama, Colombia, Bolivia, and Peru. We (Mr. HAYWORTH asked and was were really convinced about the poor met with various leaders in the anti- given permission to address the House and concerned about them, they would drug effort, including Peru’s President for 1 minute and to revise and extend support tax relief, that $500 per child Fujimori and Colombia’s National Po- his remarks.) tax credit. They would lower interest lice Chief Serrano. We also met the Mr. HAYWORTH. Mr. Speaker, let rates by supporting a balanced budget, brave Americans from several of our me assure my good friend, the gen- and also they would seek economic Government agencies in those coun- tleman from Georgia, that after the growth. tries, with armed patrols who went hue and cry and the celebrations this f into the jungles of Bolivia and Peru Earth Day, many committed conserv- where the bulk of the world’s coca leaf atives will stand there to clean up the LEGISLATION WHICH PROTECTS is grown and processed in primitive mess left by so many so-called environ- OUR PLANET SHOULD BE A CON- drug labs. mentalists. GRESSIONAL PRIORITY We watched as Bolivian antidrug It is interesting to hear the lines pro- (Mr. WARD asked and was given per- units destroyed a pit where cocaine vided today, Mr. Speaker, from our mission to address the House for 1 was made to ship to Colombia and Mex- friends on the liberal side, their care- minute and to revise and extend his re- ico, and then be shipped into our coun- fully crafted scripts engaging in play- marks.) try. The deadly cocaine and heroin de- ground taunts. Let me state unequivo- Mr. WARD. Mr. Speaker, let me say stroying our communities starts in the cally and for the record that the new first for the record that the buying jungle and ends up in the streets of majority is in favor of clean air and power of the minimum wage is the low- New Hampshire. clean water, and yes, restoring balance est it has been in 40 years. To deny an We have people risking and even los- to our laws, recognizing that Phoenix increase in the minimum wage is rep- ing their lives on the front line. We is not the same as Philadelphia, or that rehensible. need to get a commitment from our Flagstaff is not the same as Fargo, ND, Mr. Speaker, today I have risen to people and our national leaders to and relying on people on the front lines speak as we approach Earth Day, a day refocus our efforts on winning this war. to solve their problems in the 50 States that Americans across the country Drugs and crime together are our Na- where there are departments of envi- come together to focus on the environ- tion’s No. 1 national security threat. ronmental quality, and in the commu- ment. I would like to call attention to We need to get everybody, from the nities, understanding that there are the atrocious environmental record President and Congress to teachers, differences. that the Republican majority has cre- parents, and media, talking about this The key to solving the problem, Mr. ated. At a time when the EPA esti- threat to our Nation. We also need a Speaker, resides with the American mates that nearly 40 percent of the Na- plan that puts a priority on educating people, not with the Washington bu- tion’s waters are unfit for fishing and our people about the risk of narcotics, reaucrats, and no amount of name-call- swimming, we would think that clean that includes treatment for those who ing can change that fact. water would be a priority. are already addicted, as well as suffi- f However, Mr. Speaker, the so-called cient funds for law enforcement inter- Clean Water Act that the Republican diction and eradication. We can win b 1200 majority passed last year, written the war on drugs if we can put a man REPUBLICAN THREATS TO THE mostly by corporate polluters, would on the moon. We need to get moving ENVIRONMENT create waivers and exemptions from now. previously established basic standards f (Mr. JACKSON of Illinois asked and for our rivers, lakes, streams, and was given permission to address the oceans. BEWARE REPUBLICAN EARTH DAY House for 1 minute and to revise and In short, protecting our environment ASSAULT extend his remarks.) means protecting our future. We have (Mr. LEWIS of Georgia asked and was Mr. JACKSON of Illinois. Mr. Speak- been entrusted to provide a future of given permission to address the House er, the founder of the annual April 22 clean air, lush forests, and clean water for 1 minute and to revise and extend Earth Day, former Senator Gaylord for our children and our children’s chil- his remarks.) Nelson, said the record of the 104th dren. Legislation which protects our Mr. LEWIS of Georgia. Mr. Speaker, Congress shows this to be the worst en- planet should be a priority, not the Re- Saturday is Earth Day, a day to cele- vironmental Congress ever. The major- publican majority’s laws that have en- brate our environment—our Earth—our ity leadership in this body has at- couraged its destruction. home. We must protect it; we have no tempted to roll back years of environ- f other place to go. mental progress to provide favors for We have a responsibility to make our its special interest friends. REMOVAL OF NAME OF MEMBER world a little greener and a little Because of budget cuts by the major- AS COSPONSOR OF H.R. 1202 cleaner—to make it safer for our chil- ity in this Congress, the Environ- Mr. SHAW. Mr. Speaker, I ask unani- dren and unborn generations. mental protection Agency has missed mous consent that my name be re- The Republican leadership does not thousands of inspections and enforce- moved as a cosponsor of H.R. 1202. agree. ment actions. This same majority has The SPEAKER pro tempore (Mr. Republicans passed the dirty water shifted costs from polluters to tax- CAMP). Is there objection to the request bill. Their Superfund reform lets cor- payers, while cleanups have been of the gentleman from Florida? porate polluters off the hook. Who ben- slowed at 400 toxic waste sites and There was no objection. efits? Polluters. Who suffers? Each and stopped at 60 Superfund sites. Because f every one of us. There is more pollu- funds to implement six administrative tion in the air we breathe, the water rules have been cut, hundreds of mil- LET US FOCUS NATIONAL EF- we drink, the food we eat. lions of pounds of pollution entered our FORTS ON WINNING THE WAR The American people know what you water supply that could have been pre- AGAINST DRUGS are doing. They have seen the Repub- vented. (Mr. ZELIFF asked and was given lican assault on our environment—and While never aggressively pursued, permission to address the House for 1 they are worried. Be careful with your adequately funded or fully enforced, H3398 CONGRESSIONAL RECORD — HOUSE April 16, 1996 our environmental laws were working. They talk about tax relief. We have Forest and Savanna Protection Act Yet, there is much to be done. It is rules in this House that we passed, that I will soon be introducing, that time for the majority in the 104th Con- much-heralded rules saying that there will condition World Bank, IMF, bilat- gress to clean up its environmental needs to be a supermajority in order to eral, and multilateral foreign aid to act. raise taxes, and the Republicans have countries that ought to be responsible f waived those rules three times. for protecting our rain forests and sa- Let us stop the nonsense. Let us stop vannas on sound environmental stew- PAYING MORE AND GETTING LESS hurting the middle class with the ex- ardship. (Mr. MICA asked and was given per- treme Republican mean-spirited agen- f mission to address the House for 1 da. RNC GOOFS ON TAX AND SPEND minute and to revise and extend his re- f marks.) WORK SHEET Mr. MICA. Mr. Speaker, we have CALL FOR A MINIMUM WAGE BILL (Mr. ABERCROMBIE asked and was heard the other side bash the Repub- (Mr. VOLKMER asked and was given given permission to address the House licans about environmental policy. Un- permission to address the House for 1 for 1 minute and to revise and extend fortunately they do not want to deal minute and to revise and extend his re- his remarks.) with the facts. marks.) Mr. ABERCROMBIE. Mr. Speaker, We heard them mention 40 percent of Mr. VOLKMER. Mr. Speaker, yester- yesterday, as we know, the tax and the streams still polluted in the coun- day this House spent several hours on spend work sheet went out all over the try, or whatever percentage. That is legislation everybody knew that was country. One was sent to my district under current law. Let us look at not going to go anywhere, was not from the National Republican Congres- Superfund, one of their great examples going to pass and even if it did, it sional Committee. that they want to protect as we do would not have any effect on anybody It says here, ‘‘Neil Abercrombie’s Tax now. Over 2,000 sites have been identi- in this country for years to come be- and Spend Work Sheet.’’ The only fied for hazardous waste. How many cause it would have to be ratified by problem is that they forgot to white have been cleaned up? Just a handful, the States. out Representative KAREN THURMAN’s less than 70, at a cost of billions of dol- But we Democrats are asking the name at the bottom. They were using a lars. leadership of the Republicans, Speaker generic one-size-fits-all work sheet for Where does 85 percent of the money GINGRICH and the radical Republicans, everybody in the country, and they are go? For attorneys fees and for studies. to bring forward legislation that will so stupid that they put somebody else’s That is what we are talking about help millions of people in this country name on my work sheet. They do not here. We are talking about paying now, and that is an increase in the know the difference between Hawaii more and getting less. minimum wage. The minimum wage and Florida. Of the sites that were cleaned up, a today is the buying power of what it So when they ask me about taxing GAO report last year said the sites was 40 years ago. Many people out in and spending, I say, ‘‘I don’t know, ask were chosen on the basis of political my district work for the minimum the Republican National Committee. pressure, those few sites that did not wage. They need an increase in the They’re the ones that put out Rep- address public health, safety or wel- minimum wage. resentative KAREN THURMAN’s work fare. So they want to pay more and get I ask the Speaker and his radical Re- sheet for my work sheet.’’ less. They want to protect the 6,000 bu- publicans, let us bring forth a mini- They say they want to represent the reaucrats in Washington, DC, and EPA mum wage bill that will be helpful to values of the people of the First Dis- just down the street from here, who the people of this country. Let us not trict of Hawaii. Well, I am in good have not cleaned up a hazardous waste continue to work on legislation that shape to do that. I do not live in Flor- site and would not recognize one if it will have no effect and will not help ida. Why do you not go down to Florida hit them in the face. anybody. Let us do a minimum wage and check with Representative KAREN f bill. THURMAN the next time you want to do f that? THE EXTREME REPUBLICAN They told me this campaign was MEAN-SPIRITED AGENDA ENVIRONMENTAL STEWARDSHIP going to be nasty but they did not say (Mr. ENGEL asked and was given (Mr. COX of California asked and was it was going to be foolish as well. permission to address the House for 1 given permission to address the House f minute and to revise and extend his re- for 1 minute and to revise and extend marks.) his remarks.) REMOVAL OF NAME OF MEMBER Mr. ENGEL. Mr. Speaker, it has been Mr. COX of California. Mr. Speaker, AS COSPONSOR OF H.R. 789 16 months since the Republicans have Earth Day is coming, and if we are se- Mr. DURBIN. Mr. Speaker, I ask taken over Congress, and what have we rious about protecting the planet, we unanimous consent to remove my gotten for it? We have gotten an ex- are going to have to work together as name as a cosponsor of H.R. 789. treme agenda that hurts the middle Democrats and Republicans, as Ameri- The SPEAKER pro tempore (Mr. class. cans and as citizens of this planet CAMP). Is there objection to the request The previous Speaker showed why Earth to achieve the results that we all of the gentleman from Illinois? the environment is so important and say that we are in favor of. There was no objection. how the Republican majority is doing It is not going to work to say Repub- f nothing to help the environment. We licans or Democrats, this and that. We have Medicare cuts and Medicaid cuts have 60 Superfund sites where work has ENVIRONMENTAL RECORD OF that hurt our senior citizens. We have stopped. We have some 2,000 Superfund 104TH CONGRESS the largest education cuts in American sites, 1,300 of which we have not even (Mr. DURBIN asked and was given history. Let me say that again, the gotten to. If we are serious about this, permission to address the House for 1 largest education cuts in American his- we will stop spending billions of dol- minute.) tory. As we approach Earth Day, we lars, $5 billion out of the last $15 bil- Mr. DURBIN. Mr. Speaker, with find cuts in the environment, cuts in lion, on nothing but litigation and bu- Earth Day coming up, it is time to re- environmental enforcement, allowing reaucracy. flect on the environmental record of the polluters to continue to pollute. Superfund reform is bipartisan. Re- the 104th Congress. Do you recall, dur- They use the code word ‘‘balance.’’ publicans favor it, Democrats favor it, ing the heyday of the Gingrich revolu- That means let us let industry con- and we need to pass it if we are serious tion, when in one appropriation bill the tinue to pollute. They hurt the middle about cleaning up toxic waste sites. If Gingrich Republicans put in a 28-page class. They want to keep corporate we are serious about protecting our amendment which eliminated 14 envi- welfare. This is what the agenda was rain forests and our savannas, then per- ronmental protection laws they consid- all about yesterday. haps you will wish to sponsor the Rain ered unnecessary? April 16, 1996 CONGRESSIONAL RECORD — HOUSE H3399 Let me give some examples. The law NEW REPUBLICAN AGENDA IS They have tired to destroy the laws, which says the Federal Government SAME OLD GAME PLAN and now they are trying to hide the record because they are reading the will monitor the presence of arsenic in (Ms. DELAURO asked and was given drinking water, the Republicans say permission to address the House for 1 polls and the election results in No- that is unnecessary. minute and to revise and extend her re- vember. Another law which said that one in- marks.) f dustry, a special interest group, the ce- Ms. DELAURO. Mr. Speaker, recently COMMUNICATION FROM THE HON- ment kiln industry, would have a waiv- the gentleman from Texas [Mr. ORABLE STEVEN SCHIFF, MEM- er of air pollution standards, the Re- ARMEY], the Republican leader, un- BER OF CONGRESS publicans said, that is a good idea. veiled what he calls a, quote, new agen- Well, that amendment passed with the The SPEAKER pro tempore laid be- da for this Congress. But in fact what fore the House the following commu- Gingrich Republicans’ support, and we really have in this new agenda is after 3 separate efforts, 35 moderate nication from the Honorable STEVEN the same old Republican game plan of SCHIFF, Member of Congress: Republicans finally took all the heat hurting working families and the they could at home and decided to join CONGRESS OF THE UNITED STATES, health and safety of working families HOUSE OF REPRESENTATIVES, the Democrats and repeal it. while bailing out the special interests. Since then, the gentleman from Washington, DC, April 4, 1996. At a minimum, the hardworking fam- Hon. NEWT GINGRICH, Georgia [Mr. GINGRICH] has tried to get ilies of this country should be able to Speaker of the House, The Capitol, Washington, an awful lot greener. Every time he has count on the Congress to protect the DC. come to the floor, he has talked about public health, but this Congress has DEAR MR. SPEAKER: this is to formally no- saving the environment, but the Amer- tify you, pursuant to Rule L (50) of the Rules been a polluter’s dream come true. of the House of Representatives, that four ican people know better. You have to During the 104th Congress, Republicans put money in the Environmental Pro- members of my Albuquerque District Office invited polluters to rewrite the Clean have been served with subpoenas issued by tection Agency to protect the purity of Water Act. They also proposed letting the Second Judicial District Court the water we drink and the safety of big companies off the hook for cleaning (Bernalillo County, New Mexico) in the case the air that we breathe. up hazardous waste that they dumped. of New Mexico v. Martin. f After consultation with the Office of Gen- The House Republican leadership has eral Counsel, I have determined that compli- ENVIRONMENTAL PROTECTION insisted on deep cuts in environmental ance with the subpoena is consistent with (Mr. PALLONE asked and was given protection, halting cleanups in many the precedents and privileges of the House. permission to address the House for 1 areas. They have also encouraged their Sincerely, STEVEN SCHIFF. minute.) folks to let people know that they are Mr. PALLONE. Mr. Speaker, I just environmentally conscious, and then f wanted to comment on some of the they say, ‘‘go plant a tree, go hug a ANNOUNCEMENT BY THE SPEAKER comments that were being made on the tree, go to a zoo, that will make people PRO TEMPORE think you are environmentally con- other side of the aisle by Republicans The SPEAKER pro tempore. Pursu- about Earth Day and progress on the scious.’’ Do not be fooled by the phony agenda ant to the provisions of clause 5 of rule environment. I, the Chair announces that he will It is certainly true that a lot more the Republicans have unveiled. It is a sad attempt to mask the truth. After postpone further proceedings today on needs to be done on environmental pro- each motion to suspend the rules on almost a year and a half of failure, the tection, whether it is cleaner air or which a recorded vote or the yeas and Gingrich Congress continues to pursue cleaning up more of the hazardous nays are ordered or on which the vote an agenda that puts the needs and the wastesites under the Superfund Pro- is objected to under clause 4 of rule health of Americans at risk. gram. But to suggest that the answer XV. to that or the way to do that is to cut f Such rollcall votes, if postponed, will back on the number of people who be taken after debate has concluded on work for the EPA, or to cut back on REPUBLICAN TURNAROUND ON all motions to suspend the rules. ENVIRONMENT COMES TOO LATE the investigators and those who go out f and enforce the existing environmental (Mr. MILLER of California asked and b 1215 laws, or to weaken those laws so that was given permission to address the they do not provide as much environ- House for 1 minute and to revise and TAXPAYER BILL OF RIGHTS 2 mental protection, well, that makes no extend his remarks.) Mrs. JOHNSON of Connecticut. Mr. sense at all. Mr. MILLER of California. Mr. Speaker, I move to suspend the rules If you are concerned about the envi- Speaker, after a year of the most com- and pass the bill (H.R. 2337) to amend ronment, you do not turn the clock prehensive and concentrated attack on the Internal Revenue Code of 1986 to back 25 years on a bipartisan basis in the basic environmental laws of this provide for increased taxpayer protec- this House and the Senate and in the country, the Speaker of this House and tions, as amended. Presidency to try and improve environ- the majority leader of the Republican The Clerk read as follows: mental quality and to increase enforce- Party believe that they can turn H.R. 2337 ment. That is what Speaker GINGRICH around a record and con the American Be it enacted by the Senate and House of Rep- and the Republican leadership are try- people into believing that all of a sud- resentatives of the United States of America in ing to do here in this House. They are den the Republican caucus in the Congress assembled, trying to turn back the clock. House is in favor of environmental pro- SECTION 1. SHORT TITLE; AMENDMENT OF 1986 They are saying we do not need the tection. It simply will not wash. CODE; TABLE OF CONTENTS. (a) SHORT TITLE.—This Act may be cited as people to do the investigation, we do After a year of voting against clean the ‘‘Taxpayer Bill of Rights 2’’. not need the enforcers. We are going to air and clean water, voting against (b) AMENDMENT OF 1986 CODE.—Except as oth- let industry do its own thing. The bot- Superfund liability, voting against the erwise expressly provided, whenever in this Act tom line is that you are not going to Endangered Species Act, voting to evis- an amendment or repeal is expressed in terms of improve the quality of this Nation’s cerate wilderness areas of this country, an amendment to, or repeal of, a section or environment unless you do more to you will not turn around America’s other provision, the reference shall be consid- protect the environment, have stronger image of the Republican caucus in this ered to be made to a section or other provision of the Internal Revenue Code of 1986. laws, and have better enforcement. House by recycling batteries or reau- (c) TABLE OF CONTENTS.— That is what we need. thorizing the Coastal Zone Manage- Sec. 1. Short title; amendment of 1986 Code; That is not what is happening here. ment Act. It takes more than that to table of contents. Unfortunately, we are leading up to protect the environment, and it takes TITLE I—TAXPAYER ADVOCATE Earth Day this year with this Repub- more than that to turn around the Sec. 101. Establishment of position of Taxpayer lican leadership working in the oppo- image the American public have of the Advocate within Internal Revenue site direction. Republicans and the environment. Service. H3400 CONGRESSIONAL RECORD — HOUSE April 16, 1996 Sec. 102. Expansion of authority to issue Tax- TITLE XII—MISCELLANEOUS PROVISIONS such report shall contain full and substantive payer Assistance Orders. Sec. 1201. Phone number of person providing analysis, in addition to statistical information. TITLE II—MODIFICATIONS TO payee statements required to be ‘‘(ii) ACTIVITIES.—Not later than December 31 INSTALLMENT AGREEMENT PROVISIONS shown on such statement. of each calendar year after 1995, the Taxpayer Sec. 201. Notification of reasons for termination Sec. 1202. Required notice of certain payments. Advocate shall report to the Committee on Ways of installment agreements. Sec. 1203. Unauthorized enticement of informa- and Means of the House of Representatives and Sec. 202. Administrative review of termination tion disclosure. the Committee on Finance of the Senate on the of installment agreement. Sec. 1204. Annual reminders to taxpayers with activities of the Taxpayer Advocate during the TITLE III—ABATEMENT OF INTEREST AND outstanding delinquent accounts. fiscal year ending during such calendar year. PENALTIES Sec. 1205. 5-year extension of authority for un- Any such report shall contain full and sub- stantive analysis, in addition to statistical infor- Sec. 301. Expansion of authority to abate inter- dercover operations. Sec. 1206. Disclosure of Form 8300 information mation, and shall— est. ‘‘(I) identify the initiatives the Taxpayer Ad- Sec. 302. Review of IRS failure to abate inter- on cash transactions. vocate has taken on improving taxpayer services est. Sec. 1207. Disclosure of returns and return in- Sec. 303. Extension of interest-free period for formation to designee of taxpayer. and Internal Revenue Service responsiveness, ‘‘(II) contain recommendations received from payment of tax after notice and Sec. 1208. Study of netting of interest on over- individuals with the authority to issue Tax- demand. payments and liabilities. Sec. 304. Abatement of penalty for failure to Sec. 1209. Expenses of detection of underpay- payer Assistance Orders under section 7811, ‘‘(III) contain a summary of at least 20 of the make required deposits of payroll ments and fraud, etc. most serious problems encountered by taxpayers, taxes in certain cases. Sec. 1210. Use of private delivery services for including a description of the nature of such TITLE IV—JOINT RETURNS timely-mailing-as-timely-filing rule. problems, Sec. 401. Studies of joint return-related issues. ‘‘(IV) contain an inventory of the items de- Sec. 402. Joint return may be made after sepa- Sec. 1211. Reports on misconduct of IRS em- ployees. scribed in subclauses (I), (II), and (III) for rate returns without full payment which action has been taken and the result of TITLE XIII—REVENUE OFFSETS of tax. such action, Sec. 403. Disclosure of collection activities. Subtitle A—Application of Failure-to-Pay ‘‘(V) contain an inventory of the items de- TITLE V—COLLECTION ACTIVITIES Penalty to Substitute Returns scribed in subclauses (I), (II), and (III) for Sec. 501. Modifications to lien and levy provi- Sec. 1301. Application of failure-to-pay penalty which action remains to be completed and the sions. to substitute returns. period during which each item has remained on Sec. 502. Modifications to certain levy exemp- Subtitle B—Excise Taxes on Amounts of Private such inventory, tion amounts. Excess Benefits ‘‘(VI) contain an inventory of the items de- Sec. 503. Offers-in-compromise. scribed in subclauses (II) and (III) for which no Sec. 1311. Excise taxes for failure by certain TITLE VI—INFORMATION RETURNS action has been taken, the period during which charitable organizations to meet each item has remained on such inventory, the Sec. 601. Civil damages for fraudulent filing of certain qualification require- reasons for the inaction, and identify any Inter- information returns. ments. Sec. 602. Requirement to conduct reasonable in- nal Revenue Service official who is responsible Sec. 1312. Reporting of certain excise taxes and vestigations of information re- for such inaction, other information. turns. ‘‘(VII) identify any Taxpayer Assistance Sec. 1313. Exempt organizations required to pro- Order which was not honored by the Internal TITLE VII—AWARDING OF COSTS AND vide copy of return. Revenue Service in a timely manner, as specified CERTAIN FEES Sec. 1314. Increase in penalties on exempt orga- Sec. 701. United States must establish that its under section 7811(b), nizations for failure to file com- ‘‘(VIII) contain recommendations for such ad- position in proceeding was sub- plete and timely annual returns. ministrative and legislative action as may be ap- stantially justified. TITLE I—TAXPAYER ADVOCATE Sec. 702. Increased limit on attorney fees. propriate to resolve problems encountered by Sec. 703. Failure to agree to extension not taken SEC. 101. ESTABLISHMENT OF POSITION OF TAX- taxpayers, into account. PAYER ADVOCATE WITHIN INTERNAL ‘‘(IX) describe the extent to which regional Sec. 704. Award of litigation costs permitted in REVENUE SERVICE. problem resolution officers participate in the se- declaratory judgment proceedings. (a) GENERAL RULE.—Section 7802 (relating to lection and evaluation of local problem resolu- TITLE VIII—MODIFICATION TO RECOVERY Commissioner of Internal Revenue; Assistant tion officers, and ‘‘(X) include such other information as the OF CIVIL DAMAGES FOR UNAUTHOR- Commissioner (Employee Plans and Exempt Or- Taxpayer Advocate may deem advisable. IZED COLLECTION ACTIONS ganizations)) is amended by adding at the end the following new subsection: ‘‘(iii) REPORT TO BE SUBMITTED DIRECTLY.— Sec. 801. Increase in limit on recovery of civil ‘‘(d) OFFICE OF TAXPAYER ADVOCATE.— Each report required under this subparagraph damages for unauthorized collec- ‘‘(1) IN GENERAL.—There is established in the shall be provided directly to the Committees re- tion actions. Internal Revenue Service an office to be known ferred to in clauses (i) and (ii) without any prior Sec. 802. Court discretion to reduce award for as the ‘Office of the Taxpayer Advocate’. Such review or comment from the Commissioner, the litigation costs for failure to ex- office shall be under the supervision and direc- Secretary of the Treasury, any other officer or haust administrative remedies. tion of an official to be known as the ‘Taxpayer employee of the Department of the Treasury, or TITLE IX—MODIFICATIONS TO PENALTY Advocate’ who shall be appointed by and report the Office of Management and Budget. FOR FAILURE TO COLLECT AND PAY directly to the Commissioner of Internal Reve- ‘‘(3) RESPONSIBILITIES OF COMMISSIONER.—The OVER TAX nue. The Taxpayer Advocate shall be entitled to Commissioner of Internal Revenue shall estab- Sec. 901. Preliminary notice requirement. compensation at the same rate as the highest lish procedures requiring a formal response to Sec. 902. Disclosure of certain information level official reporting directly to the Deputy all recommendations submitted to the Commis- where more than 1 person liable Commissioner of the Internal Revenue Service. sioner by the Taxpayer Advocate within 3 for penalty for failure to collect ‘‘(2) FUNCTIONS OF OFFICE.— months after submission to the Commissioner.’’ and pay over tax. ‘‘(A) IN GENERAL.—It shall be the function of (b) CONFORMING AMENDMENTS.— Sec. 903. Right of contribution where more than the Office of Taxpayer Advocate to— (1) Section 7811 (relating to Taxpayer Assist- 1 person liable for penalty for ‘‘(i) assist taxpayers in resolving problems ance Orders) is amended— failure to collect and pay over with the Internal Revenue Service, (A) by striking ‘‘the Office of Ombudsman’’ in tax. ‘‘(ii) identify areas in which taxpayers have subsection (a) and inserting ‘‘the Office of the Sec. 904. Volunteer board members of tax-ex- problems in dealings with the Internal Revenue Taxpayer Advocate’’, and empt organizations exempt from Service, (B) by striking ‘‘Ombudsman’’ each place it penalty for failure to collect and ‘‘(iii) to the extent possible, propose changes appears (including in the headings of sub- pay over tax. in the administrative practices of the Internal sections (e) and (f)) and inserting ‘‘Taxpayer TITLE X—MODIFICATIONS OF RULES Revenue Service to mitigate problems identified Advocate’’. RELATING TO SUMMONSES under clause (ii), and (2) The heading for section 7802 is amended to Sec. 1001. Enrolled agents included as third- ‘‘(iv) identify potential legislative changes read as follows: party recordkeepers. which may be appropriate to mitigate such prob- ‘‘SEC. 7802. COMMISSIONER OF INTERNAL REVE- Sec. 1002. Safeguards relating to designated lems. NUE; ASSISTANT COMMISSIONERS; TAXPAYER ADVOCATE.’’ summonses. ‘‘(B) ANNUAL REPORTS.— (3) The table of sections for subchapter A of Sec. 1003. Annual report to Congress concern- ‘‘(i) OBJECTIVES.—Not later than June 30 of chapter 80 is amended by striking the item relat- ing designated summonses. each calendar year after 1995, the Taxpayer Ad- ing to section 7802 and inserting the following TITLE XI—RELIEF FROM RETROACTIVE vocate shall report to the Committee on Ways new item: APPLICATION OF TREASURY DEPART- and Means of the House of Representatives and MENT REGULATIONS the Committee on Finance of the Senate on the ‘‘Sec. 7802. Commissioner of Internal Revenue; Sec. 1101. Relief from retroactive application of objectives of the Taxpayer Advocate for the fis- Assistant Commissioners; Tax- Treasury Department regulations. cal year beginning in such calendar year. Any payer Advocate.’’ April 16, 1996 CONGRESSIONAL RECORD — HOUSE H3401

(c) EFFECTIVE DATE.—The amendments made (2) by striking ‘‘in performing a ministerial ‘‘(c) EXCEPTION FOR FIRST-TIME DEPOSITORS by this section shall take effect on the date of act’’ each place it appears and inserting ‘‘in OF EMPLOYMENT TAXES.—The Secretary may the enactment of this Act. performing a ministerial or managerial act’’. waive the penalty imposed by subsection (a) on SEC. 102. EXPANSION OF AUTHORITY TO ISSUE (b) CLERICAL AMENDMENT.—The subsection a person’s inadvertent failure to deposit any em- TAXPAYER ASSISTANCE ORDERS. heading for subsection (e) of section 6404 is ployment tax if— (a) TERMS OF ORDERS.—Subsection (b) of sec- amended— ‘‘(1) such person meets the requirements re- tion 7811 (relating to terms of Taxpayer Assist- (1) by striking ‘‘ASSESSMENTS’’ and inserting ferred to in section 7430(c)(4)(A)(iii), ance Orders) is amended— ‘‘ABATEMENT’’, and ‘‘(2) such failure occurs during the 1st quarter (1) by inserting ‘‘within a specified time pe- (2) by inserting ‘‘UNREASONABLE’’ before ‘‘ER- that such person was required to deposit any riod’’ after ‘‘the Secretary’’, and RORS’’. employment tax, and (2) by inserting ‘‘take any action as permitted (c) EFFECTIVE DATE.—The amendments made ‘‘(3) the return of such tax was filed on or be- by law,’’ after ‘‘cease any action,’’. by this section shall apply to interest accruing fore the due date. (b) LIMITATION ON AUTHORITY TO MODIFY OR with respect to deficiencies or payments for tax- For purposes of this subsection, the term ‘em- RESCIND.—Section 7811(c) (relating to authority able years beginning after the date of the enact- ployment taxes’ means the taxes imposed by sub- to modify or rescind) is amended to read as fol- ment of this Act. title C. lows: SEC. 302. REVIEW OF IRS FAILURE TO ABATE IN- ‘‘(d) AUTHORITY TO ABATE PENALTY WHERE ‘‘(c) AUTHORITY TO MODIFY OR RESCIND.— TEREST. DEPOSIT SENT TO SECRETARY.—The Secretary Any Taxpayer Assistance Order issued by the (a) IN GENERAL.—Section 6404 is amended by may abate the penalty imposed by subsection (a) Taxpayer Advocate under this section may be adding at the end the following new subsection: with respect to the first time a depositor is re- modified or rescinded— ‘‘(g) REVIEW OF DENIAL OF REQUEST FOR quired to make a deposit if the amount required ‘‘(1) only by the Taxpayer Advocate, the Com- ABATEMENT OF INTEREST.— to be deposited is inadvertently sent to the Sec- missioner of Internal Revenue, or the Deputy ‘‘(1) IN GENERAL.—The Tax Court shall have retary instead of to the appropriate government Commissioner of Internal Revenue, and jurisdiction over any action brought by a tax- depository.’’ ‘‘(2) only if a written explanation of the rea- payer who meets the requirements referred to in (b) EFFECTIVE DATE.—The amendment made sons for the modification or rescission is pro- section 7430(c)(4)(A)(iii) to determine whether by subsection (a) shall apply to deposits re- vided to the Taxpayer Advocate.’’ the Secretary’s failure to abate interest under quired to be made after the date of the enact- (c) EFFECTIVE DATE.—The amendments made this section was an abuse of discretion, and may ment of this Act. by this section shall take effect on the date of order an abatement, if such action is brought TITLE IV—JOINT RETURNS the enactment of this Act. within 180 days after the date of the mailing of SEC. 401. STUDIES OF JOINT RETURN-RELATED TITLE II—MODIFICATIONS TO the Secretary’s final determination not to abate ISSUES. INSTALLMENT AGREEMENT PROVISIONS such interest. The Secretary of the Treasury or his delegate ‘‘(2) SPECIAL RULES.— and the Comptroller General of the United SEC. 201. NOTIFICATION OF REASONS FOR TERMI- ‘‘(A) DATE OF MAILING.—Rules similar to the States shall each conduct separate studies of— NATION OF INSTALLMENT AGREE- MENTS. rules of section 6213 shall apply for purposes of (1) the effects of changing the liability for tax on a joint return from being joint and several to (a) TERMINATIONS.—Subsection (b) of section determining the date of the mailing referred to 6159 (relating to extent to which agreements re- in paragraph (1). being proportionate to the tax attributable to ELIEF.—Rules similar to the rules of main in effect) is amended by adding at the end ‘‘(B) R each spouse, section 6512(b) shall apply for purposes of this (2) the effects of providing that, if a divorce the following new paragraph: decree allocates liability for tax on a joint re- ‘‘(5) NOTICE REQUIREMENTS.—The Secretary subsection. ‘‘(C) REVIEW.—An order of the Tax Court turn filed before the divorce, the Secretary may may not take any action under paragraph (2), under this subsection shall be reviewable in the collect such liability only in accordance with (3), or (4) unless— ‘‘(A) a notice of such action is provided to the same manner as a decision of the Tax Court, but the decree, (3) whether those provisions of the Internal taxpayer not later than the day 30 days before only with respect to the matters determined in Revenue Code of 1986 intended to provide relief the date of such action, and such order.’’ to innocent spouses provide meaningful relief in ‘‘(B) such notice includes an explanation why (b) EFFECTIVE DATE.—The amendment made all cases where such relief is appropriate, and the Secretary intends to take such action. by this section shall apply to requests for abate- ment after the date of the enactment of this Act. (4) the effect of providing that community in- The preceding sentence shall not apply in any SEC. 303. EXTENSION OF INTEREST-FREE PERIOD come (as defined in section 66(d) of such Code) case in which the Secretary believes that collec- FOR PAYMENT OF TAX AFTER NO- which, in accordance with the rules contained tion of any tax to which an agreement under TICE AND DEMAND. in section 879(a) of such Code, would be treated this section relates is in jeopardy.’’ (a) GENERAL RULE.—Paragraph (3) of section as the income of one spouse is exempt from a (b) CONFORMING AMENDMENT.—Paragraph (3) 6601(e) (relating to payments made within 10 levy for failure to pay any tax imposed by sub- of section 6159(b) is amended to read as follows: days after notice and demand) is amended to title A by the other spouse for a taxable year ‘‘(3) SUBSEQUENT CHANGE IN FINANCIAL CONDI- read as follows: ending before their marriage. TIONS.—If the Secretary makes a determination ‘‘(3) PAYMENTS MADE WITHIN SPECIFIED PE- The reports of such studies shall be submitted to that the financial condition of a taxpayer with RIOD AFTER NOTICE AND DEMAND.—If notice and the Committee on Ways and Means of the House whom the Secretary has entered into an agree- demand is made for payment of any amount and of Representatives and the Committee on Fi- ment under subsection (a) has significantly if such amount is paid within 21 calendar days nance of the Senate within 6 months after the changed, the Secretary may alter, modify, or (10 business days if the amount for which such date of the enactment of this Act. terminate such agreement.’’ notice and demand is made equals or exceeds SEC. 402. JOINT RETURN MAY BE MADE AFTER (c) EFFECTIVE DATE.—The amendments made $100,000) after the date of such notice and de- SEPARATE RETURNS WITHOUT FULL by this section shall take effect on the date 6 mand, interest under this section on the amount PAYMENT OF TAX. months after the date of the enactment of this so paid shall not be imposed for the period after (a) GENERAL RULE.—Paragraph (2) of section Act. the date of such notice and demand.’’ 6013(b) (relating to limitations on filing of joint SEC. 202. ADMINISTRATIVE REVIEW OF TERMI- (b) CONFORMING AMENDMENTS.— return after filing separate returns) is amended NATION OF INSTALLMENT AGREE- (1) Subparagraph (A) of section 6601(e)(2) is by striking subparagraph (A) and redesignating MENT. amended by striking ‘‘10 days from the date of the following subparagraphs accordingly. (a) GENERAL RULE.—Section 6159 (relating to notice and demand therefor’’ and inserting ‘‘21 (b) EFFECTIVE DATE.—The amendment made agreements for payment of tax liability in in- calendar days from the date of notice and de- by subsection (a) shall apply to taxable years stallments) is amended by adding at the end the mand therefor (10 business days if the amount beginning after the date of the enactment of this following new subsection: for which such notice and demand is made Act. ‘‘(c) ADMINISTRATIVE REVIEW.—The Secretary equals or exceeds $100,000)’’. SEC. 403. DISCLOSURE OF COLLECTION ACTIVI- shall establish procedures for an independent (2) Paragraph (3) of section 6651(a) is amend- TIES. administrative review of terminations of install- ed by striking ‘‘10 days of the date of the notice (a) IN GENERAL.—Subsection (e) of section ment agreements under this section for tax- and demand therefor’’ and inserting ‘‘21 cal- 6103 (relating to disclosure to persons having payers who request such a review.’’ endar days from the date of notice and demand material interest) is amended by adding at the (b) EFFECTIVE DATE.—The amendment made therefor (10 business days if the amount for end the following new paragraph: by subsection (a) shall take effect on January 1, which such notice and demand is made equals ‘‘(8) DISCLOSURE OF COLLECTION ACTIVITIES 1997. or exceeds $100,000)’’. WITH RESPECT TO JOINT RETURN.—If any defi- TITLE III—ABATEMENT OF INTEREST AND (c) EFFECTIVE DATE.—The amendments made ciency of tax with respect to a joint return is as- PENALTIES by this section shall apply in the case of any no- sessed and the individuals filing such return are SEC. 301. EXPANSION OF AUTHORITY TO ABATE tice and demand given after December 31, 1996. no longer married or no longer reside in the INTEREST. SEC. 304. ABATEMENT OF PENALTY FOR FAILURE same household, upon request in writing by ei- (a) GENERAL RULE.—Paragraph (1) of section TO MAKE REQUIRED DEPOSITS OF ther of such individuals, the Secretary shall dis- 6404(e) (relating to abatement of interest in cer- PAYROLL TAXES IN CERTAIN CASES. close in writing to the individual making the re- tain cases) is amended— (a) IN GENERAL.—Section 6656 (relating to quest whether the Secretary has attempted to (1) by inserting ‘‘unreasonable’’ before failure to make deposit of taxes) is amended by collect such deficiency from such other individ- ‘‘error’’ each place it appears in subparagraphs adding at the end the following new sub- ual, the general nature of such collection activi- (A) and (B), and sections: ties, and the amount collected. The preceding H3402 CONGRESSIONAL RECORD — HOUSE April 16, 1996 sentence shall not apply to any deficiency (2) by striking ‘‘his household’’ and inserting court awarding damages in an action brought which may not be collected by reason of section ‘‘the taxpayer’s household’’, and under subsection (a) shall include a finding of 6502.’’ (3) by striking ‘‘$1,650 ($1,550 in the case of the correct amount which should have been re- (b) EFFECTIVE DATE.—The amendment made levies issued during 1989)’’ and inserting ported in the information return. by this section shall apply to requests made ‘‘$2,500’’. ‘‘(f) INFORMATION RETURN.—For purposes of after the date of the enactment of this Act. (b) BOOKS, ETC.—Paragraph (3) of section this section, the term ‘information return’ means TITLE V—COLLECTION ACTIVITIES 6334(a) (relating to books and tools of a trade, any statement described in section business, or profession) is amended by striking 6724(d)(1)(A).’’ SEC. 501. MODIFICATIONS TO LIEN AND LEVY ‘‘$1,100 ($1,050 in the case of levies issued during (b) CLERICAL AMENDMENT.—The table of sec- PROVISIONS. 1989)’’ and inserting ‘‘$1,250’’. tions for subchapter B of chapter 76 is amended (a) WITHDRAWAL OF CERTAIN NOTICES.—Sec- (c) INFLATION ADJUSTMENT.—Section 6334 (re- by striking the item relating to section 7434 and tion 6323 (relating to validity and priority lating to property exempt from levy) is amended inserting the following: against certain persons) is amended by adding by adding at the end the following new sub- at the end the following new subsection: ‘‘Sec. 7434. Civil damages for fraudulent filing section: ‘‘(j) WITHDRAWAL OF NOTICE IN CERTAIN CIR- of information returns. ‘‘(f) INFLATION ADJUSTMENT.— CUMSTANCES.— ‘‘Sec. 7435. Cross references.’’ ‘‘(1) IN GENERAL.—In the case of any calendar ‘‘(1) IN GENERAL.—The Secretary may with- year beginning after 1997, each dollar amount (c) EFFECTIVE DATE.—The amendments made draw a notice of a lien filed under this section referred to in paragraphs (2) and (3) of sub- by this section shall apply to fraudulent infor- and this chapter shall be applied as if the with- section (a) shall be increased by an amount mation returns filed after the date of the enact- drawn notice had not been filed, if the Secretary equal to— ment of this Act. determines that— ‘‘(A) such dollar amount, multiplied by SEC. 602. REQUIREMENT TO CONDUCT REASON- ‘‘(A) the filing of such notice was premature ‘‘(B) the cost-of-living adjustment determined ABLE INVESTIGATIONS OF INFORMA- or otherwise not in accordance with administra- under section 1(f)(3) for such calendar year, by TION RETURNS. tive procedures of the Secretary, substituting ‘calendar year 1996’ for ‘calendar (a) GENERAL RULE.—Section 6201 (relating to ‘‘(B) the taxpayer has entered into an agree- year 1992’ in subparagraph (B) thereof. assessment authority) is amended by redesignat- ment under section 6159 to satisfy the tax liabil- ‘‘(2) ROUNDING.—If any dollar amount after ing subsection (d) as subsection (e) and by in- ity for which the lien was imposed by means of being increased under paragraph (1) is not a serting after subsection (c) the following new installment payments, unless such agreement multiple of $10, such dollar amount shall be subsection: provides otherwise, rounded to the nearest multiple of $10.’’. ‘‘(d) REQUIRED REASONABLE VERIFICATION OF ‘‘(C) the withdrawal of such notice will facili- (d) EFFECTIVE DATE.—The amendments made INFORMATION RETURNS.—In any court proceed- tate the collection of the tax liability, or by this section shall take effect with respect to ing, if a taxpayer asserts a reasonable dispute ‘‘(D) with the consent of the taxpayer or the levies issued after December 31, 1996. with respect to any item of income reported on Taxpayer Advocate, the withdrawal of such no- an information return filed with the Secretary SEC. 503. OFFERS-IN-COMPROMISE. tice would be in the best interests of the tax- under subpart B or C of part III of subchapter (a) REVIEW REQUIREMENTS.—Subsection (b) of A of chapter 61 by a third party and the tax- payer (as determined by the Taxpayer Advocate) section 7122 (relating to records) is amended by payer has fully cooperated with the Secretary and the United States. striking ‘‘$500.’’ and inserting ‘‘$50,000. How- (including providing, within a reasonable period Any such withdrawal shall be made by filing ever, such compromise shall be subject to con- notice at the same office as the withdrawn no- of time, access to and inspection of all wit- tinuing quality review by the Secretary.’’. nesses, information, and documents within the tice. A copy of such notice of withdrawal shall (b) EFFECTIVE DATE.—The amendment made control of the taxpayer as reasonably requested be provided to the taxpayer. by this section shall take effect on the date of by the Secretary), the Secretary shall have the ‘‘(2) NOTICE TO CREDIT AGENCIES, ETC.—Upon the enactment of this Act. burden of producing reasonable and probative written request by the taxpayer with respect to TITLE VI—INFORMATION RETURNS whom a notice of a lien was withdrawn under information concerning such deficiency in addi- paragraph (1), the Secretary shall promptly SEC. 601. CIVIL DAMAGES FOR FRAUDULENT FIL- tion to such information return.’’ ING OF INFORMATION RETURNS. make reasonable efforts to notify credit report- (b) EFFECTIVE DATE.—The amendment made (a) GENERAL RULE.—Subchapter B of chapter ing agencies, and any financial institution or by subsection (a) shall take effect on the date of 76 (relating to proceedings by taxpayers and creditor whose name and address is specified in the enactment of this Act. third parties) is amended by redesignating sec- such request, of the withdrawal of such notice. TITLE VII—AWARDING OF COSTS AND tion 7434 as section 7435 and by inserting after Any such request shall be in such form as the CERTAIN FEES section 7433 the following new section: Secretary may prescribe.’’ SEC. 701. UNITED STATES MUST ESTABLISH THAT (b) RETURN OF LEVIED PROPERTY IN CERTAIN ‘‘SEC. 7434. CIVIL DAMAGES FOR FRAUDULENT ITS POSITION IN PROCEEDING WAS FILING OF INFORMATION RETURNS. CASES.—Section 6343 (relating to authority to re- SUBSTANTIALLY JUSTIFIED. ‘‘(a) IN GENERAL.—If any person willfully lease levy and return property) is amended by (a) GENERAL RULE.—Subparagraph (A) of sec- files a fraudulent information return with re- adding at the end the following new subsection: tion 7430(c)(4) (defining prevailing party) is spect to payments purported to be made to any ‘‘(d) RETURN OF PROPERTY IN CERTAIN amended by striking clause (i) and by redesig- other person, such other person may bring a CASES.—If— nating clauses (ii) and (iii) as clauses (i) and ‘‘(1) any property has been levied upon, and civil action for damages against the person so (ii), respectively. ‘‘(2) the Secretary determines that— filing such return. (b) BURDEN OF PROOF ON UNITED STATES.— ‘‘(A) the levy on such property was premature ‘‘(b) DAMAGES.—In any action brought under Paragraph (4) of section 7430(c) is amended by or otherwise not in accordance with administra- subsection (a), upon a finding of liability on the redesignating subparagraph (B) as subpara- tive procedures of the Secretary, part of the defendant, the defendant shall be graph (C) and by inserting after subparagraph ‘‘(B) the taxpayer has entered into an agree- liable to the plaintiff in an amount equal to the (A) the following new subparagraph: ment under section 6159 to satisfy the tax liabil- greater of $5,000 or the sum of— ‘‘(B) EXCEPTION IF UNITED STATES ESTAB- ity for which the levy was imposed by means of ‘‘(1) any actual damages sustained by the LISHES THAT ITS POSITION WAS SUBSTANTIALLY installment payments, unless such agreement plaintiff as a proximate result of the filing of JUSTIFIED.— provides otherwise, the fraudulent information return (including ‘‘(i) GENERAL RULE.—A party shall not be ‘‘(C) the return of such property will facilitate any costs attributable to resolving deficiencies treated as the prevailing party in a proceeding the collection of the tax liability, or asserted as a result of such filing), to which subsection (a) applies if the United ‘‘(D) with the consent of the taxpayer or the ‘‘(2) the costs of the action, and States establishes that the position of the United ‘‘(3) in the court’s discretion, reasonable at- Taxpayer Advocate, the return of such property States in the proceeding was substantially justi- torneys fees. would be in the best interests of the taxpayer (as fied. ‘‘(c) PERIOD FOR BRINGING ACTION.—Notwith- ‘‘(ii) PRESUMPTION OF NO JUSTIFICATION IF IN- determined by the Taxpayer Advocate) and the standing any other provision of law, an action TERNAL REVENUE SERVICE DID NOT FOLLOW CER- United States, to enforce the liability created under this section TAIN PUBLISHED GUIDANCE.—For purposes of the provisions of subsection (b) shall apply in may be brought without regard to the amount in clause (i), the position of the United States shall the same manner as if such property had been controversy and may be brought only within the be presumed not to be substantially justified if wrongly levied upon, except that no interest later of— the Internal Revenue Service did not follow its shall be allowed under subsection (c).’’ ‘‘(1) 6 years after the date of the filing of the applicable published guidance in the adminis- (d) EFFECTIVE DATE.—The amendments made fraudulent information return, or trative proceeding. Such presumption may be re- by this section shall take effect on the date of ‘‘(2) 1 year after the date such fraudulent in- butted. the enactment of this Act. formation return would have been discovered by ‘‘(iii) APPLICABLE PUBLISHED GUIDANCE.—For SEC. 502. MODIFICATIONS TO CERTAIN LEVY EX- exercise of reasonable care. purposes of clause (ii), the term ‘applicable pub- EMPTION AMOUNTS. ‘‘(d) COPY OF COMPLAINT FILED WITH IRS— lished guidance’ means— (a) FUEL, ETC.—Paragraph (2) of section Any person bringing an action under subsection ‘‘(I) regulations, revenue rulings, revenue pro- 6334(a) (relating to fuel, provisions, furniture, (a) shall provide a copy of the complaint to the cedures, information releases, notices, and an- and personal effects exempt from levy) is amend- Internal Revenue Service upon the filing of such nouncements, and ed— complaint with the court. ‘‘(II) any of the following which are issued to (1) by striking ‘‘If the taxpayer is the head of ‘‘(e) FINDING OF COURT TO INCLUDE CORRECT the taxpayer: private letter rulings, technical a family, so’’ and inserting ‘‘So’’, AMOUNT OF PAYMENT.—The decision of the advice memoranda, and determination letters.’’ April 16, 1996 CONGRESSIONAL RECORD — HOUSE H3403

(c) CONFORMING AMENDMENTS.— ‘‘(1) AWARD FOR DAMAGES MAY BE REDUCED IF ‘‘(d) RIGHT OF CONTRIBUTION WHERE MORE (1) Subparagraph (B) of section 7430(c)(2) is ADMINISTRATIVE REMEDIES NOT EXHAUSTED.— THAN 1 PERSON LIABLE FOR PENALTY.—If more amended by striking ‘‘paragraph (4)(B)’’ and in- The amount of damages awarded under sub- than 1 person is liable for the penalty under serting ‘‘paragraph (4)(C)’’. section (b) may be reduced if the court deter- subsection (a) with respect to any tax, each per- (2) Subparagraph (C) of section 7430(c)(4), as mines that the plaintiff has not exhausted the son who paid such penalty shall be entitled to redesignated by subsection (b), is amended by administrative remedies available to such plain- recover from other persons who are liable for striking ‘‘subparagraph (A)’’ and inserting ‘‘this tiff within the Internal Revenue Service.’’ such penalty an amount equal to the excess of paragraph’’. (b) EFFECTIVE DATE.—The amendment made the amount paid by such person over such per- (3) Sections 6404(g) and 6656(c)(1), as amended by this section shall apply in the case of pro- son’s proportionate share of the penalty. Any by this Act, are each amended by striking ‘‘sec- ceedings commenced after the date of the enact- claim for such a recovery may be made only in tion 7430(c)(4)(A)(iii)’’ and inserting ‘‘section ment of this Act. a proceeding which is separate from, and is not 7430(c)(4)(A)(ii)’’. TITLE IX—MODIFICATIONS TO PENALTY joined or consolidated with— (d) EFFECTIVE DATE.—The amendments made FOR FAILURE TO COLLECT AND PAY ‘‘(1) an action for collection of such penalty by this section shall apply in the case of pro- OVER TAX brought by the United States, or ceedings commenced after the date of the enact- ‘‘(2) a proceeding in which the United States SEC. 901. PRELIMINARY NOTICE REQUIREMENT. ment of this Act. files a counterclaim or third-party complaint for (a) IN GENERAL.—Section 6672 (relating to SEC. 702. INCREASED LIMIT ON ATTORNEY FEES. failure to collect and pay over tax, or attempt to the collection of such penalty.’’ (a) IN GENERAL.—Paragraph (1) of section (b) EFFECTIVE DATE.—The amendment made evade or defeat tax) is amended by redesignat- 7430(c) (defining reasonable litigation costs) is by subsection (a) shall apply to penalties as- ing subsection (b) as subsection (c) and by in- amended— sessed after the date of the enactment of this serting after subsection (a) the following new (1) by striking ‘‘$75’’ in clause (iii) of subpara- Act. graph (B) and inserting ‘‘$110’’, subsection: RELIMINARY NOTICE REQUIREMENT.— SEC. 904. VOLUNTEER BOARD MEMBERS OF TAX- (2) by striking ‘‘an increase in the cost of liv- ‘‘(b) P ‘‘(1) IN GENERAL.—No penalty shall be im- EXEMPT ORGANIZATIONS EXEMPT ing or’’ in clause (iii) of subparagraph (B), and posed under subsection (a) unless the Secretary FROM PENALTY FOR FAILURE TO (3) by adding after clause (iii) the following: COLLECT AND PAY OVER TAX. notifies the taxpayer in writing by mail to an ‘‘In the case of any calendar year beginning (a) IN GENERAL.—Section 6672 is amended by address as determined under section 6212(b) that after 1996, the dollar amount referred to in adding at the end the following new subsection: the taxpayer shall be subject to an assessment of clause (iii) shall be increased by an amount ‘‘(e) EXCEPTION FOR VOLUNTARY BOARD MEM- such penalty. equal to such dollar amount multiplied by the BERS OF TAX-EXEMPT ORGANIZATIONS.—No pen- ‘‘(2) TIMING OF NOTICE.—The mailing of the cost-of-living adjustment determined under sec- alty shall be imposed by subsection (a) on any notice described in paragraph (1) shall precede tion 1(f)(3) for such calendar year, by substitut- unpaid, volunteer member of any board of trust- any notice and demand of any penalty under ing ‘calendar year 1995’ for ‘calendar year 1992’ ees or directors of an organization exempt from subsection (a) by at least 60 days. in subparagraph (B) thereof. If any dollar tax under subtitle A if such member— ‘‘(3) STATUTE OF LIMITATIONS.—If a notice de- amount after being increased under the preced- scribed in paragraph (1) with respect to any ‘‘(1) is solely serving in an honorary capacity, ing sentence is not a multiple of $10, such dollar ‘‘(2) does not participate in the day-to-day or penalty is mailed before the expiration of the pe- amount shall be rounded to the nearest multiple financial operations of the organization, and riod provided by section 6501 for the assessment of $10.’’ ‘‘(3) does not have actual knowledge of the of such penalty (determined without regard to (b) EFFECTIVE DATE.—The amendment made failure on which such penalty is imposed. by this section shall apply in the case of pro- this paragraph), the period provided by such section for the assessment of such penalty shall The preceding sentence shall not apply if it re- ceedings commenced after the date of the enact- sults in no person being liable for the penalty ment of this Act. not expire before the later of— ‘‘(A) the date 90 days after the date on which imposed by subsection (a).’’ SEC. 703. FAILURE TO AGREE TO EXTENSION NOT such notice was mailed, or (b) PUBLIC INFORMATION REQUIREMENTS.— TAKEN INTO ACCOUNT. ‘‘(B) if there is a timely protest of the pro- (1) IN GENERAL.—The Secretary of the Treas- (a) IN GENERAL.—Paragraph (1) of section posed assessment, the date 30 days after the Sec- ury or the Secretary’s delegate (hereafter in this 7430(b) (relating to requirement that administra- retary makes a final administrative determina- subsection referred to as the ‘‘Secretary’’) shall tive remedies be exhausted) is amended by add- tion with respect to such protest. take such actions as may be appropriate to en- ing at the end the following new sentence: ‘‘Any ‘‘(4) EXCEPTION FOR JEOPARDY.—This sub- sure that employees are aware of their respon- failure to agree to an extension of the time for section shall not apply if the Secretary finds sibilities under the Federal tax depository sys- the assessment of any tax shall not be taken that the collection of the penalty is in jeop- tem, the circumstances under which employees into account for purposes of determining wheth- ardy.’’ may be liable for the penalty imposed by section er the prevailing party meets the requirements of (b) EFFECTIVE DATE.—The amendment made 6672 of the Internal Revenue Code of 1986, and the preceding sentence.’’ by subsection (a) shall apply to proposed assess- the responsibility to promptly report to the In- (b) EFFECTIVE DATE.—The amendment made ments made after June 30, 1996. ternal Revenue Service any failure referred to in by this section shall apply in the case of pro- SEC. 902. DISCLOSURE OF CERTAIN INFORMA- subsection (a) of such section 6672. Such actions ceedings commenced after the date of the enact- TION WHERE MORE THAN 1 PERSON shall include— ment of this Act. LIABLE FOR PENALTY FOR FAILURE (A) printing of a warning on deposit coupon SEC. 704. AWARD OF LITIGATION COSTS PER- TO COLLECT AND PAY OVER TAX. booklets and the appropriate tax returns that MITTED IN DECLARATORY JUDG- (a) IN GENERAL.—Subsection (e) of section certain employees may be liable for the penalty MENT PROCEEDINGS. 6103 (relating to disclosure to persons having imposed by such section 6672, and (a) IN GENERAL.—Subsection (b) of section material interest), as amended by section 403, is (B) the development of a special information 7430 is amended by striking paragraph (3) and amended by adding at the end the following packet. by redesignating paragraph (4) as paragraph new paragraph: (2) DEVELOPMENT OF EXPLANATORY MATE- (3). ‘‘(9) DISCLOSURE OF CERTAIN INFORMATION RIALS.—The Secretary shall develop materials (b) EFFECTIVE DATE.—The amendment made WHERE MORE THAN 1 PERSON SUBJECT TO PEN- explaining the circumstances under which board by this section shall apply in the case of pro- ALTY UNDER SECTION 6672.—If the Secretary de- members of tax-exempt organizations (including ceedings commenced after the date of the enact- termines that a person is liable for a penalty voluntary and honorary members) may be sub- ment of this Act. under section 6672(a) with respect to any fail- ject to penalty under section 6672 of such Code. TITLE VIII—MODIFICATION TO RECOVERY ure, upon request in writing of such person, the Such materials shall be made available to tax- OF CIVIL DAMAGES FOR UNAUTHORIZED Secretary shall disclose in writing to such per- exempt organizations. COLLECTION ACTIONS son— (3) IRS INSTRUCTIONS.—The Secretary shall SEC. 801. INCREASE IN LIMIT ON RECOVERY OF ‘‘(A) the name of any other person whom the clarify the instructions to Internal Revenue CIVIL DAMAGES FOR UNAUTHOR- Secretary has determined to be liable for such Service employees on the application of the pen- IZED COLLECTION ACTIONS. penalty with respect to such failure, and alty under section 6672 of such Code with regard (a) GENERAL RULE.—Subsection (b) of section ‘‘(B) whether the Secretary has attempted to to voluntary members of boards of trustees or di- 7433 (relating to damages) is amended by strik- collect such penalty from such other person, the rectors of tax-exempt organizations. ing ‘‘$100,000’’ and inserting ‘‘$1,000,000’’. general nature of such collection activities, and TITLE X—MODIFICATIONS OF RULES (b) EFFECTIVE DATE.—The amendment made the amount collected.’’ RELATING TO SUMMONSES by subsection (a) shall apply to actions by offi- (b) EFFECTIVE DATE.—The amendment made cers or employees of the Internal Revenue Serv- by subsection (a) shall take effect on the date of SEC. 1001. ENROLLED AGENTS INCLUDED AS ice after the date of the enactment of this Act. the enactment of this Act. THIRD-PARTY RECORDKEEPERS. SEC. 802. COURT DISCRETION TO REDUCE AWARD SEC. 903. RIGHT OF CONTRIBUTION WHERE MORE (a) IN GENERAL.—Paragraph (3) of section FOR LITIGATION COSTS FOR FAIL- THAN 1 PERSON LIABLE FOR PEN- 7609(a) (relating to third-party recordkeeper de- URE TO EXHAUST ADMINISTRATIVE ALTY FOR FAILURE TO COLLECT fined) is amended by striking ‘‘and’’ at the end REMEDIES. AND PAY OVER TAX. of subparagraph (G), by striking the period at (a) GENERAL RULE.—Paragraph (1) of section (a) IN GENERAL.—Section 6672 (relating to the end of subparagraph (H) and inserting ‘‘; 7433(d) (relating to civil damages for certain un- failure to collect and pay over tax, or attempt to and’’, and by adding at the end the following authorized collection actions) is amended to evade or defeat tax) is amended by adding at the subparagraph: read as follows: the end the following new subsection: ‘‘(I) any enrolled agent.’’ H3404 CONGRESSIONAL RECORD — HOUSE April 16, 1996

(b) EFFECTIVE DATE.—The amendment made ‘‘(6) CONGRESSIONAL AUTHORIZATION.—The Damages shall not include the taxpayer’s liabil- by subsection (a) shall apply to summonses is- limitation of paragraph (1) may be superseded ity for any civil or criminal penalties, or other sued after the date of the enactment of this Act. by a legislative grant from Congress authorizing losses attributable to incarceration or the impo- SEC. 1002. SAFEGUARDS RELATING TO DES- the Secretary to prescribe the effective date with sition of other criminal sanctions. IGNATED SUMMONSES. respect to any regulation. ‘‘(c) PAYMENT AUTHORITY.—Claims pursuant (a) STANDARD OF REVIEW.—Subparagraph (A) ‘‘(7) ELECTION TO APPLY RETROACTIVELY.— to this section shall be payable out of funds ap- of section 6503(k)(2) (defining designated sum- The Secretary may provide for any taxpayer to propriated under section 1304 of title 31, United mons) is amended by redesignating clauses (i) elect to apply any regulation before the dates States Code. and (ii) as clauses (ii) and (iii), respectively, specified in paragraph (1). ‘‘(d) PERIOD FOR BRINGING ACTION.—Notwith- and by inserting before clause (ii) (as so redesig- ‘‘(8) APPLICATION TO RULINGS.—The Secretary standing any other provision of law, an action nated) the following new clause: may prescribe the extent, if any, to which any to enforce liability created under this section ‘‘(i) the issuance of such summons is preceded ruling (including any judicial decision or any may be brought without regard to the amount in by a review of such issuance by the regional administrative determination other than by reg- controversy and may be brought only within 2 counsel of the Office of Chief Counsel for the re- ulation) relating to the internal revenue laws years after the date the actions creating such li- gion in which the examination of the corpora- shall be applied without retroactive effect.’’ ability would have been discovered by exercise tion is being conducted,’’. (b) EFFECTIVE DATE.—The amendment made of reasonable care. (b) LIMITATION ON PERSONS TO WHOM DES- by subsection (a) shall apply with respect to reg- ‘‘(e) MANDATORY STAY.—Upon a certification IGNATED SUMMONS MAY BE ISSUED.—Paragraph ulations which relate to statutory provisions en- by the Commissioner or the Commissioner’s dele- (1) of section 6503(k) is amended by striking acted on or after the date of the enactment of gate that there is an ongoing investigation or ‘‘with respect to any return of tax by a corpora- this Act. prosecution of the taxpayer, the district court tion’’ and inserting ‘‘to a corporation (or to any TITLE XII—MISCELLANEOUS PROVISIONS before which an action under this section is other person to whom the corporation has trans- pending shall stay all proceedings with respect ferred records) with respect to any return of tax SEC. 1201. PHONE NUMBER OF PERSON PROVID- ING PAYEE STATEMENTS REQUIRED to such action pending the conclusion of the in- by such corporation for a taxable year (or other TO BE SHOWN ON SUCH STATEMENT. vestigation or prosecution. period) for which such corporation is being ex- (a) GENERAL RULE.—The following provisions ‘‘(f) CRIME-FRAUD EXCEPTION.—Subsection amined under the coordinated examination pro- are each amended by striking ‘‘name and ad- (a) shall not apply to information conveyed to gram (or any successor program) of the Internal dress’’ and inserting ‘‘name, address, and phone an attorney, certified public accountant, or en- Revenue Service’’. number of the information contact’’: rolled agent for the purpose of perpetrating a (c) CLERICAL AMENDMENT.—Section 6503 is (1) Section 6041(d)(1). fraud or crime.’’ amended by redesignating subsections (k) and (2) Section 6041A(e)(1). (b) CLERICAL AMENDMENT.—The table of sec- (l) (as amended by this section) as subsections (3) Section 6042(c)(1). tions for subchapter B of chapter 76, as amend- (j) and (k), respectively. (4) Section 6044(e)(1). ed by section 601(b), is amended by striking the (d) EFFECTIVE DATE.—The amendments made (5) Section 6045(b)(1). item relating to section 7435 and by adding at by this section shall apply to summonses issued (6) Section 6049(c)(1)(A). the end the following new items: after the date of the enactment of this Act. (7) Section 6050B(b)(1). ‘‘Sec. 7435. Civil damages for unauthorized en- SEC. 1003. ANNUAL REPORT TO CONGRESS CON- (8) Section 6050H(d)(1). CERNING DESIGNATED SUMMONSES. ticement of information disclo- (9) Section 6050I(e)(1). Not later than December 31 of each calendar sure. (10) Section 6050J(e). year after 1995, the Secretary of the Treasury or ‘‘Sec. 7436. Cross references.’’ (11) Section 6050K(b)(1). his delegate shall report to the Committee on (12) Section 6050N(b)(1). (c) EFFECTIVE DATE.—The amendments made Ways and Means of the House of Representa- (b) EFFECTIVE DATE.—The amendments made by this section shall apply to actions after the tives and the Committee on Finance of the Sen- by subsection (a) shall apply to statements re- date of the enactment of this Act. ate on the number of designated summonses (as quired to be furnished after December 31, 1996 defined in section 6503(j) of the Internal Reve- SEC. 1204. ANNUAL REMINDERS TO TAXPAYERS (determined without regard to any extension). WITH OUTSTANDING DELINQUENT nue Code of 1986) which were issued during the ACCOUNTS. preceding 12 months. SEC. 1202. REQUIRED NOTICE OF CERTAIN PAY- MENTS. (a) IN GENERAL.—Chapter 77 (relating to mis- TITLE XI—RELIEF FROM RETROACTIVE If any payment is received by the Secretary of cellaneous provisions) is amended by adding at APPLICATION OF TREASURY DEPART- the Treasury or his delegate from any taxpayer the end the following new section: MENT REGULATIONS and the Secretary cannot associate such pay- ‘‘SEC. 7524. ANNUAL NOTICE OF TAX DELIN- SEC. 1101. RELIEF FROM RETROACTIVE APPLICA- ment with such taxpayer, the Secretary shall QUENCY. TION OF TREASURY DEPARTMENT make reasonable efforts to notify the taxpayer ‘‘Not less often than annually, the Secretary REGULATIONS. of such inability within 60 days after the receipt shall send a written notice to each taxpayer (a) IN GENERAL.—Subsection (b) of section of such payment. who has a tax delinquent account of the 7805 (relating to rules and regulations) is amount of the tax delinquency as of the date of amended to read as follows: SEC. 1203. UNAUTHORIZED ENTICEMENT OF IN- FORMATION DISCLOSURE. the notice.’’ ‘‘(b) RETROACTIVITY OF REGULATIONS.— (a) IN GENERAL.—Subchapter B of chapter 76 (b) CLERICAL AMENDMENT.—The table of sec- ‘‘(1) IN GENERAL.—Except as otherwise pro- (relating to proceedings by taxpayers and third tions for chapter 77 is amended by adding at the vided in this subsection, no temporary, pro- end the following new item: posed, or final regulation relating to the inter- parties), as amended by section 601(a), is nal revenue laws shall apply to any taxable pe- amended by redesignating section 7435 as sec- ‘‘Sec. 7524. Annual notice of tax delinquency.’’ riod ending before the earliest of the following tion 7436 and by inserting after section 7434 the following new section: (c) EFFECTIVE DATE.—The amendments made dates: by this section shall apply to calendar years ‘‘(A) The date on which such regulation is ‘‘SEC. 7435. CIVIL DAMAGES FOR UNAUTHORIZED after 1996. filed with the Federal Register. ENTICEMENT OF INFORMATION DIS- ‘‘(B) In the case of any final regulation, the CLOSURE. SEC. 1205. 5-YEAR EXTENSION OF AUTHORITY FOR UNDERCOVER OPERATIONS. date on which any proposed or temporary regu- ‘‘(a) IN GENERAL.—If any officer or employee (a) IN GENERAL.—Paragraph (3) of section lation to which such final regulation relates of the United States intentionally compromises 7601(c) of the Anti-Drug Abuse Act of 1988 is was filed with the Federal Register. the determination or collection of any tax due amended by striking all that follows ‘‘this Act’’ ‘‘(C) The date on which any notice substan- from an attorney, certified public accountant, or and inserting a period. tially describing the expected contents of any enrolled agent representing a taxpayer in ex- (b) RESTORATION OF AUTHORITY FOR 5 temporary, proposed, or final regulation is is- change for information conveyed by the tax- YEARS.—Subsection (c) of section 7608 is amend- sued to the public. payer to the attorney, certified public account- ed by adding at the end the following new para- ‘‘(2) EXCEPTION FOR PROMPTLY ISSUED REGU- ant, or enrolled agent for purposes of obtaining graph: LATIONS.—Paragraph (1) shall not apply to reg- advice concerning the taxpayer’s tax liability, ulations filed or issued within 18 months of the such taxpayer may bring a civil action for dam- ‘‘(6) APPLICATION OF SECTION.—The provisions date of the enactment of the statutory provision ages against the United States in a district court of this subsection— ‘‘(A) shall apply after November 17, 1988, and to which the regulation relates. of the United States. Such civil action shall be before January 1, 1990, and ‘‘(3) PREVENTION OF ABUSE.—The Secretary the exclusive remedy for recovering damages re- may provide that any regulation may take effect sulting from such actions. ‘‘(B) shall apply after the date of the enact- or apply retroactively to prevent abuse. ‘‘(b) DAMAGES.—In any action brought under ment of this paragraph and before January 1, ‘‘(4) CORRECTION OF PROCEDURAL DEFECTS.— subsection (a), upon a finding of liability on the 2001. The Secretary may provide that any regulation part of the defendant, the defendant shall be All amounts expended pursuant to this sub- may apply retroactively to correct a procedural liable to the plaintiff in an amount equal to the section during the period described in subpara- defect in the issuance of any prior regulation. lesser of $500,000 or the sum of— graph (B) shall be recovered to the extent pos- ‘‘(5) INTERNAL REGULATIONS.—The limitation ‘‘(1) actual, direct economic damages sus- sible, and deposited in the Treasury of the Unit- of paragraph (1) shall not apply to any regula- tained by the plaintiff as a proximate result of ed States as miscellaneous receipts, before Janu- tion relating to internal Treasury Department the information disclosure, and ary 1, 2001.’’ policies, practices, or procedures. ‘‘(2) the costs of the action. (c) ENHANCED OVERSIGHT.— April 16, 1996 CONGRESSIONAL RECORD — HOUSE H3405

(1) ADDITIONAL INFORMATION REQUIRED IN RE- (B) by striking ‘‘or (14)’’ and inserting ‘‘(14), postmark by the United States Postal Service PORTS TO CONGRESS.—Subparagraph (B) of sec- or (15)’’. shall be treated as including a reference to any tion 7608(c)(4) is amended— (5) Paragraph (2) of section 7213(a) is amend- date recorded or marked as described in para- (A) by striking ‘‘preceding the period’’ in ed by striking ‘‘or (12)’’ and inserting ‘‘(12), or graph (2)(C) by any designated delivery service. clause (ii), (15)’’. ‘‘(2) DESIGNATED DELIVERY SERVICE.—For pur- (B) by striking ‘‘and’’ at the end of clause (ii), (c) EFFECTIVE DATE.—The amendments made poses of this subsection, the term ‘designated de- and by this section shall take effect on the date of livery service’ means any delivery service pro- (C) by striking clause (iii) and inserting the the enactment of this Act. vided by a trade or business if such service is following: SEC. 1207. DISCLOSURE OF RETURNS AND RE- designated by the Secretary for purposes of this ‘‘(iii) the number, by programs, of undercover TURN INFORMATION TO DESIGNEE section. The Secretary may designate a delivery investigative operations closed in the 1-year pe- OF TAXPAYER. service under the preceding sentence only if the riod for which such report is submitted, and Subsection (c) of section 6103 (relating to dis- Secretary determines that such service— ‘‘(iv) the following information with respect to closure of returns and return information to ‘‘(A) is available to the general public, each undercover investigative operation pending designee of taxpayer) is amended by striking ‘‘(B) is at least as timely and reliable on a reg- as of the end of the 1-year period for which such ‘‘written request for or consent to such disclo- ular basis as the United States mail, report is submitted or closed during such 1-year sure’’ and inserting ‘‘request for or consent to ‘‘(C) records electronically to its data base, period— such disclosure’’. kept in the regular course of its business, or ‘‘(I) the date the operation began and the date SEC. 1208. STUDY OF NETTING OF INTEREST ON marks on the cover in which any item referred of the certification referred to in the last sen- OVERPAYMENTS AND LIABILITIES. to in this section is to be delivered, the date on tence of paragraph (1), (a) IN GENERAL.—The Secretary of the Treas- which such item was given to such trade or ‘‘(II) the total expenditures under the oper- ury or his delegate shall— business for delivery, and ation and the amount and use of the proceeds (1) conduct a study of the manner in which ‘‘(D) meets such other criteria as the Secretary from the operation, the Internal Revenue Service has implemented may prescribe. ‘‘(III) a detailed description of the operation the netting of interest on overpayments and un- ‘‘(3) EQUIVALENTS OF REGISTERED AND CER- including the potential violation being inves- derpayments and of the policy and administra- TIFIED MAIL.—The Secretary may provide a rule tigated and whether the operation is being con- tive implications of global netting, and similar to the rule of paragraph (1) with respect ducted under grand jury auspices, and (2) before submitting the report of such study, to any service provided by a designated delivery ‘‘(IV) the results of the operation including hold a public hearing to receive comments on service which is substantially equivalent to the results of criminal proceedings.’’ the matters included in such study. United States registered or certified mail.’’ (2) AUDITS REQUIRED WITHOUT REGARD TO (b) REPORT.—The report of such study shall SEC. 1211. REPORTS ON MISCONDUCT OF IRS EM- AMOUNTS INVOLVED.—Subparagraph (C) of sec- be submitted not later than 6 months after the PLOYEES. tion 7608(c)(5) is amended to read as follows: date of the enactment of this Act to the Commit- On or before June 1 of each calendar year ‘‘(C) UNDERCOVER INVESTIGATIVE OPER- tee on Ways and Means of the House of Rep- after 1996, the Secretary of the Treasury shall ATION.—The term ‘undercover investigative op- resentatives and the Committee on Finance of submit to the Committee on Ways and Means of eration’ means any undercover investigative op- the Senate. the House of Representatives and the Committee eration of the Service; except that, for purposes on Finance of the Senate a report on— SEC. 1209. EXPENSES OF DETECTION OF UNDER- (1) all categories of instances involving the of subparagraphs (A) and (C) of paragraph (4), PAYMENTS AND FRAUD, ETC. misconduct of employees of the Internal Reve- such term only includes an operation which is (a) IN GENERAL.—Section 7623 (relating to ex- nue Service during the preceding calendar year, exempt from section 3302 or 9102 of title 31, Unit- penses of deduction and punishment of frauds) and ed States Code.’’ is amended to read as follows: FFECTIVE DATE (2) the disposition during the preceding cal- (3) E .—The amendments made ‘‘SEC. 7623. EXPENSES OF DETECTION OF UNDER- by this subsection shall take effect on the date endar year of any such instances (without re- PAYMENTS AND FRAUD, ETC. gard to the year of the misconduct). of the enactment of this Act. ‘‘The Secretary, under regulations prescribed TITLE XIII—REVENUE OFFSETS SEC. 1206. DISCLOSURE OF FORM 8300 INFORMA- by the Secretary, is authorized to pay such sums TION ON CASH TRANSACTIONS. as he deems necessary for— Subtitle A—Application of Failure-to-Pay (a) IN GENERAL.—Subsection (l) of section 6103 ‘‘(1) detecting underpayments of tax, and Penalty to Substitute Returns (relating to disclosure of returns and return in- ‘‘(2) detecting and bringing to trial and pun- SEC. 1301. APPLICATION OF FAILURE-TO-PAY PEN- formation for purposes other than tax adminis- ishment persons guilty of violating the internal ALTY TO SUBSTITUTE RETURNS. tration) is amended by adding at the end the revenue laws or conniving at the same, (a) GENERAL RULE.—Section 6651 (relating to following new paragraph: in cases where such expenses are not otherwise failure to file tax return or to pay tax) is amend- ‘‘(15) DISCLOSURE OF RETURNS FILED UNDER provided for by law. Any amount payable under ed by adding at the end the following new sub- SECTION 6050I.—The Secretary may, upon written the preceding sentence shall be paid from the section: ‘‘(g) TREATMENT OF RETURNS PREPARED BY request, disclose to officers and employees of— proceeds of amounts (other than interest) col- SECRETARY UNDER SECTION 6020(b).—In the case ‘‘(A) any Federal agency, lected by reason of the information provided, of any return made by the Secretary under sec- ‘‘(B) any agency of a State or local govern- and any amount so collected shall be available tion 6020(b)— ment, or for such payments.’’. ‘‘(C) any agency of the government of a for- ‘‘(1) such return shall be disregarded for pur- (b) CLERICAL AMENDMENT.—The table of sec- poses of determining the amount of the addition eign country, tions for subchapter B of chapter 78 is amended information contained on returns filed under under paragraph (1) of subsection (a), but by striking the item relating to section 7623 and ‘‘(2) such return shall be treated as the return section 6050I. Any such disclosure shall be made inserting the following new item: filed by the taxpayer for purposes of determin- on the same basis, and subject to the same con- ing the amount of the addition under para- ditions, as apply to disclosures of information ‘‘Sec. 7623. Expenses of detection of underpay- graphs (2) and (3) of subsection (a).’’. on reports filed under section 5313 of title 31, ments and fraud, etc.’’. (b) EFFECTIVE DATE.—The amendment made United States Code; except that no disclosure (c) EFFECTIVE DATE.—The amendments made by subsection (a) shall apply in the case of any under this paragraph shall be made for purposes by this section shall take effect on the date return the due date for which (determined with- of the administration of any tax law.’’ which is 6 months after the date of the enact- out regard to extensions) is after the date of the (b) CONFORMING AMENDMENTS.— ment of this Act. enactment of this Act. (1) Subsection (i) of section 6103 is amended by (d) REPORT.—The Secretary of the Treasury striking paragraph (8). or his delegate shall submit an annual report to Subtitle B—Exicse Taxes on Amounts of (2) Subparagraph (A) of section 6103(p)(3) is the Committee on Ways and Means of the House Private Excess Benefits amended— of Representatives and the Committee on Fi- SEC. 1311. EXCISE TAXES FOR FAILURE BY CER- (A) by striking ‘‘(7)(A)(ii), or (8)’’ and insert- nance of the Senate on the payments under sec- TAIN CHARITABLE ORGANIZATIONS ing ‘‘or (7)(A)(ii)’’, and tion 7623 of the Internal Revenue Code of 1986 TO MEET CERTAIN QUALIFICATION (B) by striking ‘‘or (14)’’ and inserting ‘‘(14), during the year and on the amounts collected REQUIREMENTS. or (15)’’. for which such payments were made. (a) IN GENERAL.—Chapter 42 (relating to pri- (3) The material preceding subparagraph (A) vate foundations and certain other tax-exempt SEC. 1210. USE OF PRIVATE DELIVERY SERVICES organizations) is amended by redesignating sub- of section 6103(p)(4) is amended— FOR TIMELY-MAILING-AS-TIMELY- (A) by striking ‘‘(5), or (8)’’ and inserting ‘‘or FILING RULE. chapter D as subchapter E and by inserting (5)’’, Section 7502 (relating to timely mailing treated after subchapter C the following new sub- (B) by striking ‘‘(i)(3)(B)(i), or (8)’’ and in- as timely filing and paying) is amended by add- chapter: serting ‘‘(i)(3)(B)(i),’’, and ing at the end the following new subsection: ‘‘Subchapter D—Failure by Certain Chari- (C) by striking ‘‘or (12)’’ and inserting ‘‘(12), ‘‘(f) TREATMENT OF PRIVATE DELIVERY SERV- table Organizations To Meet Certain Quali- or (15)’’. ICES.— fication Requirements (4) Clause (ii) of section 6103(p)(4)(F) is ‘‘(1) IN GENERAL.—Any reference in this sec- ‘‘Sec. 4958. Taxes on excess benefit transactions. amended— tion to the United States mail shall be treated as ‘‘SEC. 4958. TAXES ON EXCESS BENEFIT TRANS- (A) by striking ‘‘(5), or (8)’’ and inserting ‘‘or including a reference to any designated delivery ACTIONS. (5)’’, and service, and any reference in this section to a ‘‘(a) INITIAL TAXES.— H3406 CONGRESSIONAL RECORD — HOUSE April 16, 1996

‘‘(1) ON THE DISQUALIFIED PERSON.—There is ‘‘(A) any person who was, at any time during (2) Subsections (a), (b), and (c) of section 4963 hereby imposed on each excess benefit trans- the 5-year period ending on the date of such are each amended by inserting ‘‘4958,’’ after action a tax equal to 25 percent of the excess transaction, in a position to exercise substantial ‘‘4955,’’. benefit. The tax imposed by this paragraph shall influence over the affairs of the organization, (3) Subsection (e) of section 6213 is amended be paid by any disqualified person referred to in ‘‘(B) a member of the family of an individual by inserting ‘‘4958 (relating to private excess subsection (f)(1) with respect to such trans- described in subparagraph (A), and benefit),’’ before ‘‘4971’’. action. ‘‘(C) a 35-percent controlled entity. (4) Paragraphs (2) and (3) of section 7422(g) ‘‘(2) ON THE MANAGEMENT.—In any case in ‘‘(2) ORGANIZATION MANAGER.—The term ‘or- are each amended by inserting ‘‘4958,’’ after which a tax is imposed by paragraph (1), there ganization manager’ means, with respect to any ‘‘4955,’’. is hereby imposed on the participation of any applicable tax-exempt organization, any officer, (5) Subsection (b) of section 7454 is amended organization manager in the excess benefit director, or trustee of such organization (or any by inserting ‘‘or whether an organization man- transaction, knowing that it is such a trans- individual having powers or responsibilities ager (as defined in section 4958(f)(2)) has ‘know- action, a tax equal to 10 percent of the excess similar to those of officers, directors, or trustees ingly’ participated in an excess benefit trans- benefit, unless such participation is not willful of the organization). action (as defined in section 4958(c)),’’ after and is due to reasonable cause. The tax imposed ‘‘(3) 35-PERCENT CONTROLLED ENTITY.— ‘‘section 4912(b),’’. ‘‘(A) IN GENERAL.—The term ‘35-percent con- by this paragraph shall be paid by any organi- (6) The table of subchapters for chapter 42 is trolled entity’ means— zation manager who participated in the excess amended by striking the last item and inserting ‘‘(i) a corporation in which persons described benefit transaction. the following: in subparagraph (A) or (B) of paragraph (1) ‘‘(b) ADDITIONAL TAX ON THE DISQUALIFIED own more than 35 percent of the total combined ‘‘SUBCHAPTER D. Failure by certain charitable PERSON.—In any case in which an initial tax is imposed by subsection (a)(1) on an excess benefit voting power, organizations to meet certain ‘‘(ii) a partnership in which such persons own transaction and the excess benefit involved in qualification requirements. more than 35 percent of the profits interest, and ‘‘SUBCHAPTER E. Abatement of first and second such transaction is not corrected within the tax- ‘‘(iii) a trust or estate in which such persons tier taxes in certain cases.’’ able period, there is hereby imposed a tax equal own more than 35 percent of the beneficial in- to 200 percent of the excess benefit involved. The terest. (d) EFFECTIVE DATES.— tax imposed by this subsection shall be paid by ‘‘(B) CONSTRUCTIVE OWNERSHIP RULES.—Rules (1) IN GENERAL.—The amendments made by any disqualified person referred to in subsection similar to the rules of paragraphs (3) and (4) of this section (other than subsection (b)) shall (f)(1) with respect to such transaction. section 4946(a) shall apply for purposes of this apply to excess benefit transactions occurring ‘‘(c) EXCESS BENEFIT TRANSACTION; EXCESS paragraph. on or after September 14, 1995. BENEFIT.—For purposes of this section— ‘‘(4) FAMILY MEMBERS.—The members of an (2) BINDING CONTRACTS.—The amendments re- ‘‘(1) EXCESS BENEFIT TRANSACTION.— individual’s family shall be determined under ferred to in paragraph (1) shall not apply to any ‘‘(A) IN GENERAL.—The term ‘excess benefit section 4946(d); except that such members also benefit arising from a transaction pursuant to transaction’ means any transaction in which an shall include the brothers and sisters (whether any written contract which was binding on Sep- economic benefit is provided by an applicable by the whole or half blood) of the individual tember 13, 1995, and at all times thereafter be- tax-exempt organization directly or indirectly to and their spouses. fore such transaction occurred. or for the use of any disqualified person if the ‘‘(5) TAXABLE PERIOD.—The term ‘taxable pe- (3) APPLICATION OF PRIVATE INUREMENT RULE value of the economic benefit provided exceeds riod’ means, with respect to any excess benefit TO TAX-EXEMPT ORGANIZATIONS DESCRIBED IN the value of the consideration (including the transaction, the period beginning with the date SECTION 501(c)(4).— performance of services) received for providing on which the transaction occurs and ending on (A) IN GENERAL.—The amendment made by such benefit. For purposes of the preceding sen- the earliest of— subsection (b) shall apply to inurement occur- tence, an economic benefit shall not be treated ‘‘(A) the date of mailing a notice of deficiency ring on or after September 14, 1995. as consideration for the performance of services under section 6212 with respect to the tax im- (B) BINDING CONTRACTS.—The amendment unless such organization clearly indicated its posed by subsection (a)(1), or made by subsection (b) shall not apply to any intent to so treat such benefit. ‘‘(B) the date on which the tax imposed by inurement occurring before January 1, 1997, ‘‘(B) EXCESS BENEFIT.—The term ‘excess bene- subsection (a)(1) is assessed. pursuant to a written contract which was bind- fit’ means the excess referred to in subpara- ‘‘(6) CORRECTION.—The terms ‘correction’ and ing on September 13, 1995, and at all times there- graph (A). ‘correct’ mean, with respect to any excess bene- after before such inurement occurred. ‘‘(2) AUTHORITY TO INCLUDE CERTAIN OTHER fit transaction, undoing the excess benefit to the PRIVATE INUREMENT.—To the extent provided in SEC. 1312. REPORTING OF CERTAIN EXCISE extent possible, and taking any additional meas- TAXES AND OTHER INFORMATION. regulations prescribed by the Secretary, the term ures necessary to place the organization in a fi- (a) REPORTING BY ORGANIZATIONS DESCRIBED ‘excess benefit transaction’ includes any trans- nancial position not worse than that in which it IN SECTION 501(c)(3).—Subsection (b) of section action in which the amount of any economic would be if the disqualified person were dealing benefit provided to or for the use of a disquali- 6033 (relating to certain organizations described under the highest fiduciary standards.’’ in section 501(c)(3)) is amended by striking fied person is determined in whole or in part by (b) APPLICATION OF PRIVATE INUREMENT RULE ‘‘and’’ at the end of paragraph (9), by redesig- the revenues of 1 or more activities of the orga- TO TAX-EXEMPT ORGANIZATIONS DESCRIBED IN nating paragraph (10) as paragraph (14), and by nization but only if such transaction results in SECTION 501(c)(4).— inserting after paragraph (9) the following new inurement not permitted under paragraph (3) or (1) IN GENERAL.—Paragraph (4) of section paragraphs: (4) of section 501(c), as the case may be. In the 501(c) is amended by inserting ‘‘(A)’’ after ‘‘(4)’’ ‘‘(10) the respective amounts (if any) of the case of any such transaction, the excess benefit and by adding at the end the following: shall be the amount of the inurement not so per- ‘‘(B) Subparagraph (A) shall not apply to an taxes paid by the organization during the tax- mitted. entity unless no part of the net earnings of such able year under the following provisions: ‘‘(d) SPECIAL RULES.—For purposes of this entity inures to the benefit of any private share- ‘‘(A) section 4911 (relating to tax on excess ex- section— holder or individual.’’ penditures to influence legislation), ‘‘(1) JOINT AND SEVERAL LIABILITY.—If more (2) SPECIAL RULE FOR CERTAIN COOPERA- ‘‘(B) section 4912 (relating to tax on disquali- than 1 person is liable for any tax imposed by TIVES.—In the case of an organization operating fying lobbying expenditures of certain organiza- subsection (a) or subsection (b), all such persons on a cooperative basis which, before the date of tions), and shall be jointly and severally liable for such tax. the enactment of this Act, was determined by ‘‘(C) section 4955 (relating to taxes on political ‘‘(2) LIMIT FOR MANAGEMENT.—With respect to the Secretary of the Treasury or his delegate, to expenditures of section 501(c)(3) organizations), any 1 excess benefit transaction, the maximum be described in section 501(c)(4) of the Internal ‘‘(11) the respective amounts (if any) of the amount of the tax imposed by subsection (a)(2) Revenue Code of 1986 and exempt from tax taxes paid by the organization, or any disquali- shall not exceed $10,000. under section 501(a) of such Code, the allocation fied person with respect to such organization, ‘‘(e) APPLICABLE TAX-EXEMPT ORGANIZA- or return of net margins or capital to the mem- during the taxable year under section 4958 (re- TION.—For purposes of this subchapter, the term bers of such organization in accordance with its lating to taxes on private excess benefit from ‘applicable tax-exempt organization’ means— incorporating statute and bylaws shall not be certain charitable organizations), ‘‘(1) any organization which (without regard treated for purposes of such Code as the ‘‘(12) such information as the Secretary may to any excess benefit) would be described in inurement of the net earnings of such organiza- require with respect to any excess benefit trans- paragraph (3) or (4) of section 501(c) and exempt tion to the benefit of any private shareholder or action (as defined in section 4958), from tax under section 501(a), and individual. The preceding sentence shall apply ‘‘(13) such information with respect to dis- ‘‘(2) any organization which was described in only if such statute and bylaws are substan- qualified persons as the Secretary may pre- paragraph (1) at any time during the 5-year pe- tially as such statute and bylaws were in exist- scribe, and’’. riod ending on the date of the transaction. ence on the date of the enactment of this Act. (b) ORGANIZATIONS DESCRIBED IN SECTION Such term shall not include a private founda- (c) TECHNICAL AND CONFORMING AMEND- 501(c)(4).—Section 6033 is amended by redesig- tion (as defined in section 509(a)). MENTS.— nating subsection (f) as subsection (g) and by ‘‘(f) OTHER DEFINITIONS.—For purposes of (1) Subsection (e) of section 4955 is amended— inserting after subsection (e) the following new this section— (A) by striking ‘‘SECTION 4945’’ in the heading subsection: ‘‘(1) DISQUALIFIED PERSON.—The term ‘dis- and inserting ‘‘SECTIONS 4945 AND 4958’’, and ‘‘(f) CERTAIN ORGANIZATIONS DESCRIBED IN qualified person’ means, with respect to any (B) by inserting before the period ‘‘or an ex- SECTION 501(c)(4).—Every organization de- transaction— cess benefit for purposes of section 4958’’. scribed in section 501(c)(4) which is subject to April 16, 1996 CONGRESSIONAL RECORD — HOUSE H3407 the requirements of subsection (a) shall include gross receipts exceeding $1,000,000 for any year, The Taxpayer Bill of Rights aims to on the return required under subsection (a) the with respect to the return required under section expand the protections for the unlucky information referred to in paragraphs (11), (12) 6033 for such year, the first sentence of this sub- taxpayers who become involved in a and (13) of subsection (b) with respect to such paragraph shall be applied by substituting ‘$100’ tax dispute with the IRS. These tax- organization.’’ for ‘$20’ and, in lieu of applying the second sen- (c) EFFECTIVE DATE.—The amendments made tence of this subparagraph, the maximum pen- payers often feel as if they are engaged by this section shall apply to returns for taxable alty under this subparagraph shall not exceed in a David versus Goliath contest. years beginning after the date of the enactment $50,000.’’ H.R. 2337 gives taxpayers some im- of this Act. (c) EFFECTIVE DATE.—The amendments made portant procedural tools in defending SEC. 1313. EXEMPT ORGANIZATIONS REQUIRED by this section shall apply to returns for taxable themselves in controversies with the TO PROVIDE COPY OF RETURN. years ending on or after the date of the enact- Goliath of the IRS. While procedural (a) REQUIREMENT TO PROVIDE COPY.— ment of this Act. tax rules may not seem glamorous, (1) Subparagraph (A) of section 6104(e)(1) (re- The SPEAKER pro tempore. Pursu- they can be extremely important in de- lating to public inspection of annual returns) is ant to the rule, the gentlewoman from ciding the outcome of a tax dispute. amended to read as follows: Connecticut [Mrs. JOHNSON] and the For example, TV viewers who fol- ‘‘(A) IN GENERAL.—During the 3-year period gentleman from California [Mr. MAT- beginning on the filing date— lowed the O.J. Simpson trial last year SUI] will each be recognized for 20 min- ‘‘(i) a copy of the annual return filed under learned that procedural rules can have section 6033 (relating to returns by exempt orga- utes. a major impact on the outcome of a nizations) by any organization to which this The Chair recognizes the gentle- legal controversy. In a similar way, the paragraph applies shall be made available by woman from Connecticut [Mrs. JOHN- procedural tax rule changes and the such organization for inspection during regular SON]. Taxpayer Bill of Rights II will have a business hours by any individual at the prin- GENERAL LEAVE significant effect on the outcome of tax cipal office of such organization and, if such or- Mrs. JOHNSON of Connecticut. Mr. disputes with the IRS. ganization regularly maintains 1 or more re- Speaker, I ask unanimous consent that For example, the committee learned gional or district offices having 3 or more em- all Members may have 5 legislative of cases where the IRS began auditing ployees, at each such regional or district office, days within which to revise and extend and a taxpayer’s return, and then the IRS ‘‘(ii) upon request of an individual made at their remarks and include extraneous employee conducting the audit was such principal office or such a regional or dis- remarks on H.R. 2337. transferred to a new division and the trict office, a copy of such annual return shall The SPEAKER pro tempore. Is there return sat for another year or two be- be provided to such individual without charge objection to the request of the gentle- fore the audit was completed. Under other than a reasonable fee for any reproduc- woman from Connecticut? current law, the IRS has no authority tion and mailing costs. There was no objection. to abate the interest which ran up dur- The request described in clause (ii) must be Mrs. JOHNSON of Connecticut. Mr. Speaker, I yield myself such time as I ing this period. H.R. 2337 addresses this made in person or in writing. If the request problem by giving the IRS expanded under clause (ii) is made in person, such copy may consume. shall be provided immediately and, if made in Mr. Speaker, the House already has authority to abate interest charges writing, shall be provided within 30 days.’’ acted favorably on the contents of H.R. that occur as a result of unreasonable (2) Clause (ii) of section 6104(e)(2)(A) is 2337 when it passed the 7-year Balanced delays caused by the IRS’s own proc- amended by inserting before the period at the Budget Act on October 26, 1995. The ess. end the following: ‘‘(and, upon request of an in- Taxpayer Bill of Rights II was part of The bill will also make it easier for dividual made at such principal office or such a taxpayers who win their cases against regional or district office, a copy of the material the Committee on Ways and Means title of H.R. 2491. the IRS in Tax Court to collect attor- requested to be available for inspection under neys’ fees. Under current law, not only this subparagraph shall be provided (in accord- The freestanding bill which the Com- ance with the last sentence of paragraph (1)(A)) mittee on Ways and Means approved on does a taxpayer have to prevail on the to such individual without charge other than March 21, 1996, is substantially the merits against the IRS to collect attor- reasonable fee for any reproduction and mailing same as the provisions which passed neys fees, he must also prove that the costs)’’. the House last October as part of the 7- IRS was not justified in pressing the (3) Subsection (e) of section 6104 is amended year Balanced Budget Act, with only case against him. H.R. 2337 would by adding at the end the following new para- minor technical changes and adjust- switch the burden to the IRS of prov- graph: ments to some of the bill’s effective ing that its position was substantially ‘‘(3) LIMITATION.—Paragraph (1)(A)(ii) (and justified. This is consistent with the the corresponding provision of paragraph (2)) dates. Upon the President’s veto of shall not apply to any request if, in accordance that bill, Mr. Speaker, Commissioner judicial principle that the party in con- with regulations promulgated by the Secretary, Richardson implemented a number of trol of the facts should bear the burden the organization has made the requested docu- our recommendations by administra- of proof. ments widely available, or, the Secretary deter- tive action, and for that I thank her. Another provision would help tax- mines, upon application by an organization, I commend her as well and appreciate payers who enter into installment pay- that such request is part of a harassment cam- her concern with our point of view by ment agreements with the IRS. Under paign and that compliance with such request is enclosing my remarks in which I ex- current law the IRS does not have to not in the public interest.’’ pressed great concern for the IRS’s use give notice to the taxpayer before it re- (b) INCREASE IN PENALTY FOR WILLFUL FAIL- of economic reality audits with the dis- vokes an installment payment plan. URE TO ALLOW PUBLIC INSPECTION OF CERTAIN RETURNS, ETC.—Section 6685 is amended by tribution of her guidance to her staff in This can result in a hardship when the striking ‘‘$1,000’’ and inserting ‘‘$5,000’’. the use of these extensive audits for IRS revokes an installment agreement (c) EFFECTIVE DATE.—The amendments made the purpose of assuring that people do based on faulty information. H.R. 2337 by this section shall apply to requests made on pay their fair share. would require the IRS to give 30 days or after the 60th day after the Secretary of the I have enjoyed working with Com- advance notice before it revokes an in- Treasury first issues the regulations referred to missioner Richardson and her staff, stallment agreement in order to give section 6104(e)(3) of the Internal Revenue Code and my colleague the gentleman from the affected taxpayer an opportunity of 1986 (as added by subsection (a)(3)). California [Mr. MATSUI] and I believe to challenge this action. SEC. 1314. INCREASE IN PENALTIES ON EXEMPT that the bill we bring before you today Further, in the extreme cases where ORGANIZATIONS FOR FAILURE TO FILE COMPLETE AND TIMELY AN- will move us forward in assuring tax- the IRS damages the taxpayer because NUAL RETURNS. payers’ rights in dealing with the IRS, its employees act recklessly in collect- (a) IN GENERAL.—Subparagraph (A) of section but also will do so in a way that is har- ing taxes, the bill would raise the ceil- 6652(c)(1) (relating to annual returns under sec- monious with our underlying law and ing for damage claims by taxpayers tion 6033) is amended by striking ‘‘$10’’ and in- the responsibilities of the IRS. against the IRS to $1 million. The cur- serting ‘‘$20’’ and by striking ‘‘$5,000’’ and in- Yesterday was April 15, the deadline rent ceiling is $100,000. serting ‘‘$10,000’’. for American citizens to file their in- Finally, for the first time, the experi- (b) LARGER PENALTY ON ORGANIZATIONS HAV- ING GROSS RECEIPTS IN EXCESS OF $1,000,000.— come tax returns for 1995. Most citizens ence of the IRS ombudsman as to the Subparagraph (A) of section 6652(c)(1) is amend- filed their tax returns, will receive most common problems experienced by ed by adding at the end the following new sen- their refunds, and never hear from the taxpayers will be relayed directly to tence: ‘‘In the case of an organization having IRS again. They are the lucky ones. the Committee on Ways and Means, H3408 CONGRESSIONAL RECORD — HOUSE April 16, 1996 without passing through the many lay- by the President. this bill will estab- will establish many new protections for ers of administrative filters of the IRS lish, as the gentlewoman from Con- the Nation’s taxpayers in their deal- and then the Department of the Treas- necticut [Mrs. JOHNSON] has said, a ings with the IRS. The campaign to ury. taxpayer advocate which will replace safeguard taxpayer rights has a long This will enable us here in Congress the ombudsman. history. The original Taxpayer Bill of to respond in a far more timely fashion The advocate will have four main re- Rights was enacted in 1988. While this to the problems, indeed the snares, tax- sponsibilities. One to assist the tax- legislation was a good first step, the payers get caught in as they deal with payer in resolving problems with the continuing course of constituent com- the IRS. That will allow us to deal Internal Revenue Service; two, to iden- plaints against the IRS has convinced with the legitimate problems, while as- tify problem areas within the Internal us of the need to enact additional tax- suring that the IRS can collect the le- Revenue Service; three, a proposed payer protections. gitimately owed taxes. change in the practice of the Internal Under this bill, taxpayers who are in- Mr. Speaker, the Nation’s taxpayers Revenue Service to solve these prob- volved in a dispute with the IRS will be probably will never enjoy paying taxes, lems; and, four, identify legislative so- armed with additional rights and pro- but they should not feel powerless in lutions to these problems as well. tections. In the David against Goliath their dealings with the IRS. The Tax- The second area in this bill in terms fight between the taxpayer and the payer Bill of Rights II will establish of making major changes, it will IRS, this bill is the slingshot the tax- many new procedural protections for switch the burden of proof in cases in payer can now use to win his or her taxpayers. Like the David in Biblical which attorneys’ fees will be awarded. fight. I compliment the gentlewoman from history, the average taxpayer may be Currently taxpayers must show that Connecticut, [Mrs. JOHNSON], chair- smaller than the rival IRS, but we are the position of the IRS was not sub- woman of the Subcommittee on Over- giving him some significant weapons stantially justified in order to recover sight, and the gentleman from Califor- with which to defend himself. his or her attorney fees. Under the bill, nia [Mr. MATSUI], the ranking Demo- I support the passage of H.R. 2337, a taxpayer who wins a suit can recover crat, for their dedication to champion- urge my colleagues to do likewise, and his or her fees unless the Internal Rev- enue Service can show that it was sub- ing the cause of the Nation’s tax- I thank the gentleman from California payers. [Mr. MATSUI], and his able staff, for stantially justified in pursuing the ac- tion against the taxpayer in the first Mr. Speaker, the IRS is the agency their work with us on this matter over tasked with the responsibility of en- the last many months. instance. Three, the bill includes a number of forcing our Nation’s tax laws and col- Mr. Speaker, I reserve the balance of lecting the taxes that are legally due. my time. provisions in which the IRS has greater flexibility in waiving certain penalties It is an important job, because the Mr. MATSUI. Mr. Speaker, I yield functioning of the Federal Government myself such time as I may consume. and will require that the Internal Rev- enue Service notify taxpayers before depends on the public’s willingness to Mr. Speaker, I also rise in strong sup- voluntarily pay the taxes they owe. port of H.R. 2337. This legislation has taking actions that would adversely af- fect them. However, it is also a very difficult re- been adopted numerous times by the sponsibility because the complicated Committee on Ways and Means on a bi- Fourth, the bill does address a prob- lem that has been in the news over the structure of our current income tax partisan basis, and certainly on the last few years, and this deals with di- system necessarily interjects the IRS floor of the House it has been adopted vorced spouses. There have been sev- into the private lives of the American as well, and the enactment is certainly eral cases where divorced spouses have people. long overdue. This legislation is sup- signed returns not knowing what is in There is no question the IRS has ported by the administration and will these returns, and before collection grown too powerful and too intrusive. result in a much needed protection for will occur now the Internal Revenue However, this has come in direct re- taxpayers in their dealings with the In- sponse to the growing complexity of Service must give advance notice to ternal Revenue Service. our current tax system. The ultimate the former spouse before any collection Mr. Speaker, I would like to first of solution to this problem is to tear the efforts will be taken. all take this opportunity to commend In addition, the Service will do a income tax out by its roots and elimi- the gentlewoman from Connecticut, study that will be due back in 6 months nate the need for an agency which Chairwoman NANCY JOHNSON, who has on how to deal with the issue of joint must delve into our private lives in done a tremendous job on making sure and several liability, undoubtedly order to enforce the tax system. But until Congress fundamentally reforms that we have a bipartisan approach to which will affect many people in the the tax laws, the next best approach is this piece of legislation. All through middle of a divorce or are divorced to make the current tax system oper- the drafting and the putting together when the filing occurs. of this legislation, we have worked Again, I would like to thank the gen- ate in a way which treats taxpayers very cooperatively, and she and her tlewoman from Connecticut [Mrs. more fairly. staff have kept us informed, and I just JOHNSON] and members of the majority b 1230 want to take this opportunity to per- staff for all their help in this effort. I Mr. MATSUI. Mr. Speaker, I reserve sonally thank her for her efforts. know that this is only the second step. the balance of my time. Certainly it goes also to the major- We intend I believe to have a tax- Mrs. JOHNSON of Connecticut. Mr. ity’s fine staff, Donna Steele, and the payers’ bill of rights III during the next Speaker, I yield 2 minutes to the gen- members of our staff, Beth Vance, as Congress, and I look forward to work- tleman from California [Mr. COX]. well; all have played a significant role ing with the members of this commit- Mr. COX of California. Mr. Speaker, I in making sure this legislation is in tee and certainly the Members of the thank the gentlewoman for yielding me the form that it is today. House and the administration. this time. I want to also thank Secretary Mr. Speaker, I reserve the balance of Mr. Speaker, too often the taxpayer Rubin, and particularly Les Samuels, my time. is at the mercy of the IRS, and the the assistant to Mr. Rubin, who has Mrs. JOHNSON of Connecticut. Mr. whole purpose of this bill is to try to been very helpful with his input in the Speaker, I yield 2 minutes to the gen- set that right, at least a little bit. drafting of this legislation. Of course, tleman from Texas [Mr. ARCHER], the Included in this Taxpayer Bill of the Internal Revenue Commissioner, chairman of the Committee on Ways Rights II is the Fast and Efficient Tax Margaret Richardson, who has made, and Means, and I thank him for his Filing Act, and I want to thank the as Chairwoman JOHNSON stated in her participation. Members that worked on Ways and opening statement, numerous reforms Mr. ARCHER. Mr. Speaker, I thank Means, in particular my colleague the in this particular area. the gentlewoman for yielding me time, gentlewoman from Connecticut, NANCY This legislation, Mr. Speaker, is the and also commend her on the outstand- JOHNSON, and my colleague from Cali- second comprehensive taxpayers’ bill ing work she has done on this bill. fornia for including this in the legisla- of rights that have been adopted by the Mr. Speaker, I rise in strong support tion, so thank you, Mr. MATSUI, as Congress and signed, hopefully signed, of the Taxpayer Bill of Rights II, which well. April 16, 1996 CONGRESSIONAL RECORD — HOUSE H3409

The Fast and Efficient Tax Filing BILL ARCHER, the gentleman from Flor- proof. They must substantiate those Act is going to make at least one area ida, SAM GIBBONS, and the gentleman representations they make on their tax of the Internal Revenue Code a little from California, BOB MATSUI. forms. But in good faith, having made more user friendly. Many of you may Yes, I have been aggressive on some those representations and the IRS then have at one time in your lives stood in of these issues, and the gentlewoman choosing to take the matter to court, line for an IRS Postal Service post- from Connecticut has accommodated the Traficant bill says at that point mark to mail your tax return on April me under a powerful strain of opposi- the burden of proof shifts to the IRS 15. tion at times from the Internal Reve- and the IRS shall be able to justify Turns out that in order to use this nue Service. their case, prove evidence, submit evi- rule, the Postal Service must be the Two provisions I worked hard for, as dence, and prove that matter. form of delivery. If on the morning of cited by the gentlewoman from Con- Let me say this. That is something April 15 you send it Federal Express, necticut [Mrs. JOHNSON]. No. 1, after a that we here in Congress should do. I UPS, or some overnight delivery, and matter has been adjudicated, a tax- would even be willing to have a provi- it gets there the next day, that is not payer can in fact go after those attor- sion in that bill that says that in the good enough. If you put it in the mail- ney fees and costs and, in fact the bur- administrative procedure where the box and it gets postmarked, or if you den of proof after adjudication is thus burden of proof is on the taxpayer, stand in line and get that receipt from switched to the IRS to justify and they must comply, if they are not com- the Postal Service, even though the maintain their position for going after pliant and deemed to have not com- IRS does not get it for a week, then the taxpayer in the first place. plied in the eyes of the court, that the you can use the rule. That is a good first step, my col- court can maintain the burden of proof Both taxpayers and the IRS are being leagues. I have no complaints with on the taxpayer. cheated under the current system. As a that, and I commend you and thank It would force the administrative result of the Fast and Efficient Tax you for doing something I could not get process to be up front. We could expe- Filing Act, no more midnight waits at a Congress to do over the last four dite these cases. I do not think we the post office; send it Fed Ex, call 1– terms. would have as big a revenue problem as 800 pickup or DHL, or any of the com- The second one says that right now we have, and I would urge the commit- petitors that we have that operate in there is a cap of $100,000 when an IRS tee to look at the scoring of it, but not America to deliver things efficiently agent violates the rights of a taxpayer. only look at the scoring but to look at throughout the rest of our economy. In my provision in here it increases the offsets for funds to right this Next year you will be able to do that as that cap to $1 million, and I think $1 wrong. a result of the passage of this bill. million will get their attention. But for me to stand up here today So I want to congratulate once again This is a great first step, but I want and to say because this total burden of my colleagues, the gentleman from to just make a few points today, and I proof is not enacted makes this bill California [Mr. MATSUI] and the gentle- want to ask the Committee on Ways weaker would not be fair. The gentle- woman from Connecticut [Mrs. JOHN- and Means to consider what I say very woman from Connecticut [Mrs. JOHN- SON], for including this in a wonderful seriously. More than 97 percent of the SON] has done a fine job. I thank her for bill. The IRS is going to get returns American people support the change in putting up with me. faster. Our constituents will not stand the burden of proof in a civil tax case. The gentleman from California [Mr. in line. At least this one area of our on- No one has helped me more than the MATSUI] and the gentleman from Texas erous Tax Code will have a modicum of gentlewoman from Connecticut [Mrs. [Mr. ARCHER] are going to have to put common sense. JOHNSON] and the gentleman from up more with me, and their staff, be- Mrs. JOHNSON of Connecticut. Mr. Texas [Mr. ARCHER]. As a Democrat, I cause I will not be satisfied until we Speaker, I yield myself such time as I want to commend the Republican lead- right the wrong. A taxpayer in Amer- may consume to thank the gentleman ership for giving me an opportunity on ica pays the freight on this train com- from California for his good work. He this. ing down the track and, by God, they did contribute to this bill very substan- Right now, under current existing should at least be considered like ev- tially, and I thank him for his com- law, in a civil tax case a taxpayer goes eryone else in a court of law, innocent ments today. into court with the burden of proof. until proven guilty. Mr. Speaker, I would now like to rec- They have to prove they are innocent. I am asking for their help, and I ap- ognize the gentleman from Ohio [Mr. There is no other provision in law. I do preciate the time the gentlewoman has TRAFICANT], and in so doing I want to not know how this evolution has come given me. recognize his tireless efforts to pro- about, where all of a sudden we have a Mr. MATSUI. Mr. Speaker, I yield mote the rights of taxpayers in their law that places an American guilty in myself such time as I may consume. dealings with the IRS. He has long the eyes of the court and under the First, I want to commend the gen- been one of this body’s most steadfast statutory law and they must prove tleman from Ohio [Mr. TRAFICANT]. As champions for the Nation’s taxpayers, themselves innocent. the gentlewoman from Connecticut and he deserves much of the credit for Some of the arguments we are get- [Mrs. JOHNSON] has said, he really has provision in this bill relating to bur- ting from the IRS are that deadbeats been very helpful providing informa- den-of-proof issues, including the pro- might get over. I do not believe that. I tion to us, both in terms of the burden vision relating to the award of attor- think the IRS is now saying that this of proof issue and, second, in terms of neys fees and costs, which shifts the would be a big revenue loser. I would lifting the $100,000 cap to $1 million in burden to the IRS to prove that it was say to all leaders, if we scored the Bill terms of the damage issue. We want to justified in bringing its case against of Rights and let the IRS score the Bill thank him very, very much for that. the taxpayer. of Rights, would we enjoy the freedoms We both look forward to working Mr. Speaker, I yield such time as he of the Bill of Rights? Money is not an with the gentleman in the future on may consume to the gentleman from argument here. the third tax bill of rights legislation Ohio [Mr. TRAFICANT]. I think when the IRS says, ‘‘Look, when we bring it before the House. Mr. TRAFICANT. Mr. Speaker, I ap- Mr. TRAFICANT, don’t confuse us with Again, we thank him. preciate that from the distinguished the Constitution,’’ I cannot buy the ar- Second, I would like to just thank chairwoman, and I think the gentle- gument. the gentleman from California [Mr. woman from Connecticut, Mrs. JOHN- I am asking the Committee on Ways COX] for his very helpful information SON was tired of having me run her and Means to look at offsets. My new and piece of legislation, as well, in down on the floor, and the gentleman bill, H.R. 2450, handles this matter dif- terms of the alternative uses besides from Texas, BILL ARCHER. I want to ferently. It breaks it down to adminis- the Postal Service in terms of filing re- thank Speaker GINGRICH, the gen- trative and judicial. turns. tleman from Texas, DICK ARMEY, the When a taxpayer gets notice of an ad- I might also add the name of this leg- gentlewoman from Connecticut, NANCY ministrative audit, in that administra- islation is the Pickle-Johnson legisla- JOHNSON, the gentleman from Texas, tive procedure they have the burden of tion, and that is not two Texans, that H3410 CONGRESSIONAL RECORD — HOUSE April 16, 1996 is not President Johnson, but that is Mrs. JOHNSON of Connecticut. Mr. There are a couple of things I wish the gentlewoman from Connecticut, Speaker, I yield 11⁄2 minutes to the gen- had been in it that are not there. One NANCY JOHNSON, and of course Jake tleman from Florida [Mr. SHAW]. of them, the item that the gentleman Pickle, who was really one of the lead- Mr. SHAW. Mr. Speaker, I thank the from Ohio [Mr. TRAFICANT] has worked ers for the last 10 years working on the gentlewoman for yielding this time to so hard on, and some of the rest of us, tax bill of rights. This is the Pickle- me, and I stand up in vigorous support and that is to change the burden of Johnson legislation. of a commonsense change in the law as proof. The other is that the IRS should Mr. Speaker, I reserve the balance of it affects the taxpayers’ rights in bal- pay back at the same interest rate that my time. ancing it out with the rights and duties we have to pay if they overcharge us. Mrs. JOHNSON of Connecticut. Mr. of the Internal Revenue Service. b Speaker, I yield myself 30 seconds. The Internal Revenue Service is a 1245 Mr. Speaker, I would like to com- needed agency which looks over the But Congress, I think, has finally re- ment that my colleague, the gentleman collection of taxes in this country. alized what taxpayers have known for from California [Mr. MATSUI], and I and There is no question about it. But years, that the IRS has too much our staff have worked very hard, not there are some things that need to be power over the lives of ordinary citi- only together and with Members and balanced out which this legislation zens. This bill contains some much- with constituents who have testified, does. needed reforms which make so much but also with the IRS. These provisions To give just a few examples of what sense. I have to shake my head and are going to front-load those defenses is in this bill that needs to be done: wonder that these protections do not that taxpayers need so that we should One of the provisions in here would already exist. not be getting into the kinds of prob- allow the IRS to release property on This bill creates the position of tax- lems that the gentleman from Ohio which there are liens when it is to the payer advocate. It expands the author- [Mr. TRAFICANT] describes. advantage of the Government to do so. ity of the IRS to abate interest and By assuring taxpayers better infor- Right now they cannot do that. penalties, extend the length of time mation, more open communication and You have situations where businesses which the taxpayer may fulfill his obli- better procedures, we believe their are closed down, where if the IRS gation to the IRS without accrual of rights will be defended long before they would simply allow them to continue excessive penalties and interest. It al- get into the level of controversy that to exist for a short period of time, the lows the taxpayer, when they are right, has concerned the gentleman, and Federal Government could make up to collect the money in fees and costs rightly so. some of the dollars that it is losing. from the IRS. I hope we can pass this Mr. Speaker, I yield 2 minutes to the And, of course, also, there is a question bill. gentleman from Texas, Mr. SAM JOHN- of jobs being lost. This is just plain Mr. NEAL. Mr. Speaker, yesterday the SON. common sense. House was involved in a publicity stunt be- Mr. SAM JOHNSON of Texas. Mr. When we have a situation where a cause of it being tax day. Today, we are de- Speaker, I too would like to commend spouse is charged with liability because bating tax legislation that will truly help the the gentlewoman from Connecticut, of signing a joint return and the se- American people. Before us today is the Tax- NANCY JOHNSON, and the gentleman crecy law comes into play, it is only payer Bill of Rights. The purpose of this legis- from California, Mr. MATSUI, for doing common sense, if we are going to go lation is to help those taxpayers who find a good job and for getting this bill back after using the female spouse, that we themselves in dispute with the Internal Reve- to the floor, this bill of rights back to would be able to share certain informa- nue Service [IRS]. the floor for a second time. tion, which now the IRS is prohibited This legislation will reduce the anxiety that As you know, the President vetoed it from doing. surrounds April 15 each year. Taxpayers will back in December, along with a bunch These are just a couple of examples have some extra assistance when they are of other stuff. But this bill is impor- of just pure common sense that we are faced with the IRS. This legislation is based tant because the powers of the IRS to putting into the law. on an extensive bipartisan effort of the Ways investigate and examine taxpayers are I compliment my fellow Members of and Means Committee to assist the taxpayer. greater than any other Government the Committee on Ways and Means. It Mr. Pickle, the former chairman of the Sub- agency. They are intrusive. They are was a good meeting, and I think it committee on Oversight, worked long and into our lives, and it seems that the shows that we have great bipartisan hard on this issue. The legislation before us constitutional rights of taxpayers are support, and I am sure that each Mem- today is substantially the same as legislation always trampled upon but nothing is ber of the Congress, every Member of developed by Mr. Pickle. Also, Senator PRYOR ever done. the Congress is going to be proud to has spent many years working on this legisla- This bill makes important common- vote for and support this legislation. tion. sense changes to current law that will Mr. MATSUI. Mr. Speaker, I yield One of the key provisions of this legislation strengthen the rights of American tax- myself such time as I may consume to is the creation of an independent taxpayer ad- payers. It establishes a taxpayer advo- say that I do not believe we have any vocate. The taxpayer advocate will work to im- cate to prevent the IRS from treating further speakers. prove taxpayer services and IRS responsive- taxpayers like second class citizens. It I might just add, in closing on my ness. The taxpayer advocate will report to the increases the amount people may sue side, that we hope that the Members tax writing committees of Congress on the the IRS from $100,000 to $1 million. And support this bill. I urge support of this progress in this area. Another key provision for the first time, it allows the Federal legislation. The President supports this requires the IRS to report to the tax writing courts to determined IRS failure and legislation and will sign this bill and, committees on the misconduct of IRS employ- abuse of discretion. again, I look forward to continuing ees. This report will give Congress the chance While this bill makes important working with the gentlewoman from to study the misconduct of IRS employees and progress to rein in the IRS and its Connecticut. the punishment for misconduct. 115,000 IRS agents, I believe America is Mr. Speaker, I yield back the balance Taxpayers will receive assistance for tax- demanding that the entire system of my time. payers who experienced difficulty with the IRS. should be replaced, and I think we The SPEAKER pro tempore (Mr. This legislation would allow taxpayers who must insist that any new system must CAMP). The gentlewoman from Con- have been the victim of reckless collection ac- empower individuals and not the Gov- necticut has three-fourth of a minute tions by the IRS to sue the Government for $1 ernment; provide opportunities, not remaining. million up from the current cap of $100,000. dead ends, and, most importantly, it Mrs. JOHNSON of Connecticut. Mr. The bottom line is this legislation will make must offer the hard-working people of Speaker, I yield the balance of my time it easier for taxpayers to work with the IRS. this country the freedom to achieve to the gentleman from Colorado [Mr. Currently, the United States has an 86-percent the American dream. HEFLEY]. rate of compliance for Federal taxes. Hope- I commend the gentlewoman again Mr. HEFLEY. Mr. Speaker, I rise fully, this legislation will help improve compli- for bringing this bill to the floor again, today in support of the Taxpayer Bill ance which is already the envy of other coun- and I hope we can get it through in of Rights. I think it is a step we need tries. This legislation will improve the working good shape this time. to take. relationship between taxpayers and the IRS. April 16, 1996 CONGRESSIONAL RECORD — HOUSE H3411 I am pleased this legislation is before us actions and there are dozens of other tax- taxpayers. The ``Taxpayer Bill of Rights II,'' today. This legislation is a concrete way to payer protections included in this measure. which I strongly supported in the Ways and help make April 15 a less stressful day for all Mr. Speaker, our tax system has veered out Means Committee, contains over two dozen Americans. of control. My Republican colleagues and I provisions to give taxpayers further protection. Mr. PORTMAN. Mr. Speaker, first of all, I know America needs tax reform and the de- This bill will expand the power of the IRS Tax- would like to thank Chairman JOHNSON for her bate will begin in earnest this week. Because, payer Ombudsman to issue protective orders excellent leadership in crafting this bill. She it will not happen overnight, we must provide to help taxpayers, mandate that the IRS take and her Oversight Subcommittee staff have tax relief now to America's families. The tax- reasonable steps to corroborate third-party in- worked tirelessly on behalf of the American payer bill of rights does that and more. It formation disputed by a taxpayer, and give the taxpayer. proves to our taxpayers that the Republican- IRS the authority to waive the interest on late Mr. Speaker, yesterday's deadline to file in- led Congress is committed to returning fiscal tax payments in cases where there is a valid come tax returns reminds us of how much responsibility to Washington. reason for such payment. Additionally, the bill power the Internal Revenue Service has over Mrs. MINK of Hawaii. Mr. Speaker, I rise in would increase to $1 million the civil damages the honest taxpayers of this country. We must support of H.R. 2337, the Taxpayer Bill of for which a taxpayer could sue the IRS in ensure that the IRS isn't heavy-handed in en- Rights Act, which represents significant ad- cases of unauthorized collections. forcing regulations and that the taxpayer has vancement toward fair treatment of taxpayers The vast majority of citizens are responsible adequate protections. under the Internal Revenue Code by the Inter- taxpayers who deserve the additional rights One of my constituents learned the hard nal Revenue Service. and safeguards that the Taxpayer Bill of way about how the IRS sometimes does busi- I am particularly in favor of a section that Rights II will provide. I hope that Congress will ness. While she was married, she and her embodies the intent of a bill that I introduced quickly pass, and the President sign this self-employed husband filed a joint tax return. last year, H.R. 331, which would require the meaningful bill. I urge a ``yea'' vote. But after her divorce was finalized, the IRS Federal Government to consider as having ar- Ms. DUNN of Washington. Mr. Speaker, I determined that she was responsible for pay- rived on time any sealed bid for the procure- rise in strong support of H.R. 2337, the Tax- ing off almost all of the $30,000 in taxes her ment of goods or services, if the bid was sent payer Bill of Rights II and urge its adoption. ex-husband owed the Federal Government. by an overnight message delivery service at All too often ``tax fairness'' usually refers al- The IRS rejected her plea for relief under least 2 business days before the date speci- most solely to whether Government is seizing the innocent spouse provision in the Tax Code fied for receipt of bids. the right amount of money from different eco- because she had signed the joint tax returns. Current procurement law states that late nomic classesÐnot how the tax collectors are Her ex-husband is now off the hook, having bids cannot be considered for awards unless treating the individual citizen. settled with the IRS for about $5,000. Mean- they were one, sent by registered or certified Under U.S. law, Americans are innocent while, this divorcee currently owes the IRS mail no later than 5 days before the bids re- until proven guilty. Yet, when an individual tax- $20,000, a burden that could affect her for the ceipt deadline, two, proven to have been deliv- payer deals with the IRS, the taxpayer is guilty rest of her life. She says she feels like she's ered late due to mishandling by the receiving until he or she proves their innocence. being punished for being a good citizen and Government agency, or three, sent by U.S. Over the past few months, I have heard for working hard. It certainly looks that way to Postal Service Express Mail Next Day Service from literally hundreds of constituents who me, too. no later than 2 business days prior to bid re- have described to me numerous problems We owe it to the hardworking citizens of our ceipt deadline. This provision excludes from they see with our system of taxation. A com- country to prevent the IRS from unfairly push- this portion of the procurement process the mon theme has been the intrusive nature of ing them around. Most people come away use of private delivery services, such as Unit- the Internal Revenue Service [IRS] and the from a confrontation with the IRS feeling ed Postal Service and Federal Express, de- enormous compliance burdens imposed on in- bruised and battered. This legislation at least spite the fact that these companies have prov- dividuals. will give them a fighting chanceÐit includes en trustworthy and reliable in overnight pack- This measure gives taxpayers a helping more than 30 items that give the taxpayers age delivery, not only meeting but in many hand if they find themselves at odds with the rights and powers in dealing with the IRS. cases exceeding the abilities of the U.S. Post- IRS. The American taxpayer will be empow- Some of these provisions will help ensure that al Service. ered with more than 30 protections in dealing divorced filers are not victimized. Similarly, Internal Revenue Code § 7502 with the IRS. I urge my colleagues in the House to vote was recently interpreted by the Ninth Circuit In addition to these protections, I will con- in favor of passage of this Taxpayer Bill of U.S. Court of Appeals (V.L. Correia, 58 F.3d tinue to work for the inclusion of an additional RightsÐit will guard against unreasonable IRS 468 (1995)) that only the date of actual deliv- provision in the final version of this legislation positions and protect the rights of taxpayers. ery to the IRS or Tax Court by private delivery that I have been working on within the Ways Mr. PACKARD. Mr. Speaker, few things are service is applicable, rather than the date of and Means Committee. scarier than getting into a dispute with the mailing as in cases of delivery by the U.S. Specifically, the bipartisan provision, which I IRS. They truly believe that they are above the Postal Service. Section 1210 of the bill before am sponsoring along with my colleague, Mr. law and all too often taxpayers have no re- us would allow the Secretary of the Treasury MATSUI, would permit ``equitable tolling'' appli- course. to expand this timely mailing as timely-filing cation in tax refund cases. During April, working Americans struggle to section to the use of private delivery compa- My interest in this area was precipitated by fill out complicated U.S. tax forms, enduring nies that meet specified criteria. A significant a highly publicized court case in which a 93- great anxiety and paying out large sums of number of American taxpayers every year at- year-old senile man, Stanley McGill, overpaid money to accountants, just to guarantee that tempt to submit their income tax returns to the his taxes in 1984. After Mr. McGill's death in they are giving Uncle Sam the appropriate and IRS through a private delivery service, only to 1988, Marian Brockamp found her late father's expected amount. And when there is a dispute find this inadequate to demonstrate timely fil- canceled check to the IRS in a pile of receipts. or audit, taxpayersÐright or wrongÐalways ing of their returns. In fact, Mr. McGill owed the IRS $700Ðnot end up paying the price. Ironically the IRS' I urge my colleagues full support of this pro- $7,000. Mrs. Brockamp asked the IRS for a own annual reports admit a high rate of errors vision, as well as my bill, H.R. 331. refund. and the IRS telephone information service Mr. KLECZKA. Mr. Speaker, 8 years ago, Although the agency acknowledged the mis- gives out wrong answers as much as one-third the first ``Taxpayer Bill of Rights'' passed take, it refused to return the money, claiming of the time. which created a more level playing field be- the 3-year statue of limitations on refund My Republican colleagues and I are com- tween citizens and the IRS with safeguards to claims had expired. mitted to changing that. The taxpayer bill of protect taxpayers. The legislation gave tax- But Brockamp's attorney argued that the rights that we consider today makes it harder payers the right to sue the IRS for actions time set aside for suing the Government for the IRS to demand America's hard-working taken by its agents, provided financially trou- should be extended under the legal doctrine families pay for the IRS' own mistakes. The bled taxpayers the right to seek an installment known as equitable tollingÐwhich is invoked more than 30 protections in this bill will waive tax payment plan, and enabled taxpayers who in cases where a taxpayer is disabled. interest charges when the IRS is at fault for prevail over the IRS in court to seek reim- A Federal judge in Los Angeles rejected tax underpayment. It extends time for tax- bursement for part of their attorney fees in that argument in 1993, but the 9th U.S. Circuit payers to pay delinquent taxes without being some circumstances. Court of Appeals overruled the lower court in subject to interest and penalties. It allows tax- Although this 1988 legislation was a step in June 1995, calling the IRS refusal unconscion- payers to sue the IRS for reckless collection the right direction, more can be done to help able. H3412 CONGRESSIONAL RECORD — HOUSE April 16, 1996 The Justice Department has appealed the ‘‘(A) the cost or value of the materials pro- bly of the article, including fringe benefits, decision to the Supreme Court. duced in the West Bank, the Gaza Strip, Is- on-the-job training, and costs of engineering, This is just one example of an outrageous rael, or a qualifying industrial zone, plus supervisory, quality control, and similar per- ‘‘(B) the direct costs of processing oper- injustice that my commonsense change of law sonnel. ations performed in the West Bank, the Gaza ‘‘(ii) Dies, molds, tooling, and depreciation is intended to end. Strip, Israel, or a qualifying industrial zone, on machinery and equipment which are allo- H.R. 2337, the Taxpayer Bill of Rights II, will is not less than 35 percent of the appraised cable to the article. help the average American, who might have value of the product at the time it is entered ‘‘(iii) Research, development, design, engi- made an honest mistake in underestimating into the United States. neering, and blueprint costs insofar as they his taxes due by providing him a little more For purposes of determining the 35 percent are allocable to the article. time to prove it was an honest mistake. content requirement contained in paragraph ‘‘(iv) Costs of inspecting and testing the ar- The new majority in this Congress is work- (3), the cost or value of materials which are ticle. used in the production of an article in the ‘‘(B) Those items that are not included as ing on commonsense ways to give taxpayers West Bank, the Gaza Strip, or a qualifying a break. In fact, the Taxpayers Bill of Rights direct costs of processing operations with re- industrial zone, and are the products of the spect to an article are those which are not II itself is simply a long overdue exercise in United States, may be counted in an amount directly attributable to the article or are not common sense. Will Rogers once said, ``Com- up to 15 percent of the appraised value of the costs of manufacturing the article. Such mon sense ain't that common.'' Well, like ev- article. items include, but are not limited to— ‘‘(b) APPLICABILITY OF CERTAIN PROVISIONS erything else, common sense is making a ‘‘(i) profit; and OF THE AGREEMENT.— comeback. ‘‘(ii) general expenses of doing business ‘‘(1) NONQUALIFYING OPERATIONS.—No arti- which are either not allocable to the article The SPEAKER pro tempore (Mr. cle shall be considered a new or different ar- or are not related to the growth, production, CAMP). The question is on the motion ticle of commerce under this section, and no offered by the gentlewoman from Con- material shall be included for purposes of de- manufacture, or assembly of the article, such as administrative salaries, casualty and necticut [Mrs. JOHNSON] that the House termining the 35 percent requirement of sub- liability insurance, advertising, and sales- suspend the rules and pass the bill, section (a)(3), by virtue of having merely un- dergone— men’s salaries, commissions, or expenses. H.R. 2337, as amended. ‘‘(5) IMPORTED DIRECTLY.—For purposes of The question was taken. ‘‘(A) simple combining or packaging oper- ations, or this section— Mrs. JOHNSON of Connecticut. Mr. ‘‘(B) mere dilution with water or with an- ‘‘(A) articles are ‘imported directly’ if— Speaker, I object to the vote on the other substance that does not materially ‘‘(i) the articles are shipped directly from ground that a quorum is not present alter the characteristics of the article or ma- the West Bank, the Gaza Strip, a qualifying and make the point of order that a terial. industrial zone, or Israel into the United States without passing through the territory quorum is not present. ‘‘(2) REQUIREMENTS FOR NEW OR DIFFERENT ARTICLE OF COMMERCE.—For purposes of sub- of any intermediate country; or The SPEAKER pro tempore. Pursu- ‘‘(ii) if shipment is through the territory of ant to clause 5 of rule I and the Chair’s section (a)(1), an article is a ‘new or different article of commerce’ if it is substantially an intermediate country, the articles in the prior announcement, further proceed- transformed into an article having a new shipment do not enter into the commerce of ings on this motion will be postponed. name, character, or use. any intermediate country and the invoices, The point of no quorum is considered ‘‘(3) COST OR VALUE OF MATERIALS.—(A) For bills of lading, and other shipping documents withdrawn. purposes of this section, the cost or value of specify the United States as the final des- tination; or f materials produced in the West Bank, the Gaza Strip, or a qualifying industrial zone ‘‘(B) if articles are shipped through an in- EXTENSION OF FREE TRADE BEN- includes— termediate country and the invoices and EFITS TO WEST BANK AND GAZA ‘‘(i) the manufacturer’s actual cost for the other documents do not specify the United States as the final destination, then the arti- STRIP materials; ‘‘(ii) when not included in the manufactur- cles in the shipment, upon arrival in the Mr. SHAW. Mr. Speaker, I move to er’s actual cost for the materials, the United States, are imported directly only if suspend the rules and pass the bill freight, insurance, packing, and all other they— (H.R. 3074) to amend the United States- costs incurred in transporting the materials ‘‘(i) remain under the control of the cus- Israel Free Trade Area Implementation to the manufacturer’s plant; toms authority in an intermediate country; ‘‘(iii) the actual cost of waste or spoilage, ‘‘(ii) do not enter into the commerce of an Act of 1985 to provide the President less the value of recoverable scrap; and intermediate country except for the purpose with additional proclamation author- ‘‘(iv) taxes or duties imposed on the mate- of a sale other than at retail, but only if the ity with respect to articles of the West rials by the West Bank, the Gaza Strip, or a articles are imported as a result of the origi- Bank or Gaza Strip or a qualifying in- qualifying industrial zone, if such taxes or nal commercial transactions between the dustrial zone. duties are not remitted on exportation. importer and the producer or the producer’s The Clerk read as follows: ‘‘(B) If a material is provided to the manu- sales agent; and facturer without charge, or at less than fair ‘‘(iii) have not been subjected to operations H.R. 3074 market value, its cost or value shall be de- other than loading, unloading, or other ac- Be it enacted by the Senate and House of Rep- termined by computing the sum of— tivities necessary to preserve the article in resentatives of the United States of America in ‘‘(i) all expenses incurred in the growth, good condition. Congress assembled, production, or manufacture of the material, ‘‘(6) DOCUMENTATION REQUIRED.—An article SECTION 1. ADDITIONAL PROCLAMATION AU- including general expenses; is eligible for the duty exemption under this THORITY. ‘‘(ii) an amount for profit; and section only if— The United States-Israel Free Trade Area ‘‘(iii) freight, insurance, packing, and all ‘‘(A) the importer certifies that the article Implementation Act of 1985 (19 U.S.C. 2112 other costs incurred in transporting the ma- meets the conditions for the duty exemption; note) is amended by adding at the end the terial to the manufacturer’s plant. and following new section: If the information necessary to compute the ‘‘(B) when requested by the Customs Serv- ‘‘SEC. 9. ADDITIONAL PROCLAMATION AUTHOR- cost or value of a material is not available, ice, the importer, manufacturer, or exporter ITY. the Customs Service may ascertain or esti- submits a declaration setting forth all perti- ‘‘(a) ELIMINATION OR MODIFICATIONS OF DU- mate the value thereof using all reasonable nent information with respect to the article, TIES.—The President is authorized to pro- methods. including the following: claim elimination or modification of any ex- ‘‘(4) DIRECT COSTS OF PROCESSING OPER- ‘‘(i) A description of the article, quantity, isting duty as the President determines is ATIONS.—(A) For purposes of this section, the numbers, and marks of packages, invoice necessary to exempt any article from duty ‘direct costs of processing operations per- numbers, and bills of lading. if— formed in the West Bank, Gaza Strip, or a ‘‘(ii) A description of the operations per- ‘‘(1) that article is wholly the growth, qualifying industrial zone’ with respect to an formed in the production of the article in the product, or manufacture of the West Bank, article are those costs either directly in- West Bank, the Gaza Strip, a qualifying in- the Gaza Strip, or a qualifying industrial curred in, or which can be reasonably allo- dustrial zone, or Israel and identification of zone or is a new or different article of com- cated to, the growth, production, manufac- the direct costs of processing operations. merce that has been grown, produced, or ture, or assembly, of that article. Such costs ‘‘(iii) A description of any materials used manufactured in the West Bank, the Gaza include, but are not limited to, the following in production of the article which are wholly Strip, or a qualifying industrial zone; to the extent that they are includible in the the growth, product, or manufacture of the ‘‘(2) that article is imported directly from appraised value of articles imported into the West Bank, the Gaza Strip, a qualifying in- the West Bank, the Gaza Strip, Israel, or a United States: dustrial zone, Israel or United States, and a qualifying industrial zone; and ‘‘(i) All actual labor costs involved in the statement as to the cost or value of such ma- ‘‘(3) the sum of— growth, production, manufacture, or assem- terials. April 16, 1996 CONGRESSIONAL RECORD — HOUSE H3413 ‘‘(iv) A description of the operations per- aid in the peace process. Since Feb- proaching. That date will come on May formed on, and a statement as to the origin ruary 25, suicide bombers have killed 7, and, much to my chagrin, I have not and cost or value of, any foreign materials five innocent civilians. The Israelis and yet heard the positive signs that I used in the article which are claimed to have Palestinians want peace for their peo- would like to hear that that May 7 been sufficiently processed in the West Bank, deadline will be kept. the Gaza Strip, a qualifying industrial zone, ple, security for every citizen and hope or Israel so as to be materials produced in that they can peacefully coexist. It is Several weeks ago, Mr. Speaker, I the West Bank, the Gaza Strip, a qualifying very important for the United States circulated a letter along with my col- industrial zone, or Israel. and this Congress to show their collec- league, the gentleman from New Jersey ‘‘(v) A description of the origin and cost or tive will that they will do all they can [Mr. SAXTON], which was signed by over value of any foreign materials used in the ar- do to further the peace process. The 100 Members of the House, bipartisan ticle which have not been substantially passage of this bill will send a very Members of the House. It was a letter transformed in the West Bank, the Gaza clear signal to the international com- to Yasser Arafat telling him that ac- Strip, or a qualifying industrial zone. cording to the law of which we provide ‘‘(c) SHIPMENT OF ARTICLES OF ISRAEL munity that we support normalized re- aid to the Palestinian entity that all THROUGH WEST BANK OR GAZA STRIP.—The lations between the Israelis and the President is authorized to proclaim that ar- Palestinians. aid must cease unless those covenants ticles of Israel may be treated as though The provisions of this bill will are amended and that the May 7 dead- they were articles directly shipped from Is- strengthen the Israeli and Palestinian line is fast approaching. rael for the purposes of the Agreement even relation by providing economic and We implored, we pleaded with Chair- if shipped to the United States from the employment relief to that area and it man Arafat to give us a commitment West Bank, the Gaza Strip, or a qualifying that that deadline would be met. Last industrial zone, if the articles otherwise will help the establishment of a Pal- estinian State. I urge all of my col- week, I received a replay from Chair- meet the requirements of the Agreement. man Arafat and, much to my chagrin, ‘‘(d) TREATMENT OF COST OR VALUE OF MA- leagues to support this most important TERIALS.—The President is authorized to pro- piece of legislation. he did not even mention the covenants claim that the cost or value of materials pro- Mr. Speaker, I reserve the balance of in his reply to our letter, although our duced in the West Bank, the Gaza Strip, or a my time. letter specifically was about amending qualifying industrial zone may be included Mr. RANGEL. Mr. Speaker, I yield those covenants. He talked about the in the cost or value of materials produced in myself such time as I may consume. peace process. he talked about normal- Israel under section 1(c)(i) of Annex 3 of the ization, but he did not address the Agreement, and the direct costs of process- Mr. Speaker, I rise as an original co- sponsor in strong support of H.R. 3074. issue of the covenants. ing operations performed in the West Bank, Now, the gentleman from New Jersey the Gaza Strip, or a qualifying industrial This legislation would authorize the zone may be included in the direct costs of President to proclaim duty-free treat- [Mr. SAXTON] and I are sending another processing operations performed in Israel ment for products of the West Bank, letter to him, asking him to please ad- dress the issue of the covenants and to under section 1(c)(ii) of Annex 3 of the Agree- the Gaza Strip, and industrial zones ment. please give us assurances that he will that may be created in the region. ‘‘(e) QUALIFYING INDUSTRIAL ZONE DE- keep his word. I must say, Mr. Speaker, Similar treatment is granted products FINED.—For purposes of this section, a ‘quali- that, if May 7 comes and goes and of Israel under the United States-Israel fying industrial zone’ means any area that— those covenants are not amended, it ‘‘(1) encompasses portions of the territory free-trade agreement implemented in will be very difficult for me to con- of Israel and Jordan or Israel and Egypt; 1985. In return, the Palestinians have tinue to support continued aid to the ‘‘(2) has been designated by local authori- agreed to provide duty-free access to Palestinian entity, to the Palestinian ties as an enclave where merchandise may United States products, to prevent ille- authority. enter without payment of duty or excise gal transshipments, and to support an taxes; and I believe that peace agreements are ‘‘(3) has been specified by the President as end to the Arab boycott of Israel. good, but I believe that both sides must a qualifying industrial zone.’’. This legislation is supported by the keep their agreement. And as cochair The SPEAKER pro tempore. Pursu- Israeli Government. The administra- of the peace monitoring accord group ant to the rule, the gentleman from tion supports extension of duty-free along with the gentleman from New Florida [Mr. SHAW] and the gentleman treatment as part of the Mideast peace Jersey [Mr. SAXTON], we intend to from New York [Mr. RANGEL] each will process to promote investment and make sure that all parties comply with be recognized for 20 minutes. economic development in the region. the agreement that they signed. The Chair recognizes the gentleman I am not aware of any opposition to We are not telling the parties what from Florida [Mr. SHAW]. this bill, and urge its passage. to sign. We are not telling the parties GENERAL LEAVE Mr. Speaker, I yield 5 minutes to the what to do. All we are saying is that Mr. SHAW. Mr. Speaker, I ask unani- gentleman from New York [Mr. ENGEL]. the parties need to keep their word. mous consent that all Members have 5 Mr. ENGEL. Mr. Speaker, I thank my They need to adhere to the agreement legislative days in which to revise and good friend from New York for yielding that they signed. And I think the issue extend their remarks and include time to me. of the covenants are a very, very im- therein extraneous material on the Mr. Speaker, I support this legisla- portant issue. bill, H.R. 3074. tion and will support this legislation, Mr. Speaker, it is very, very difficult The SPEAKER pro tempore. Is there but I really feel that this ought to be to believe that somebody really wants objection to the request of the gen- used as an explanation to what has peace if they habitually refuse or ig- tleman from Florida? been happening in the Middle East. Ev- nore calls to amend the covenant call- There was no objection. eryone supports investment and eco- ing for the destruction of one side, in Mr. SHAW. Mr. Speaker, I yield my- nomic development in the West Bank this case the destruction of the State self such time as I may consume. and Gaza Strip. We know ultimately of Israel. So I think the time has long Mr. Speaker, I am pleased to intro- that that is really the only way that past. It has now been several years. duce, along with the gentleman from peace is going to survive in the Middle And those covenants really, really need Illinois [Mr. CRANE], the Gaza Strip- East. to be amended. And again according to West Bank bill. This is a noncontrover- However, Chairman Yasser Arafat United States law, no aid can continue sial bill that received great bipartisan and the PLO have promised repeatedly to the Palestinians unless those cov- support when we marked it up pre- to amend the covenants of the PLO enants are changed. viously in the Ways and Means Com- charter which call for the destruction Let me finally say about this that it mittee. It is also supported by the ad- of Israel. And in the recently concluded is not enough, I think, to just pass ministration. The provisions of this agreement to which they signed, they something and say well, this super- bill will permit the President to elimi- agreed that 2 months after the Pal- sedes. We want those covenants abro- nate or modify any existing duty on estinian elections were held that the gated. We want them eliminated. We products that are produced in the Gaza Palestine National Council would meet do not want some whitewashing of Strip-West Bank area. and would amend the covenants, would them and somehow trying to fudge the In light of the recent occurrences in take out the part that calls for Israel’s issue or to allow Mr. Arafat to speak Israel, this bill is most timely and will destruction. That date is fast ap- out of both sides of their mouth. H3414 CONGRESSIONAL RECORD — HOUSE April 16, 1996 Mr. Speaker, I support the peace Mr. Speaker, I yield back the balance for 30 minutes, and the gentleman from process fully. I think the suicide bomb- of my time. New York [Mr. RANGEL] will be recog- ings have brought a sense of reality to Mr. ARCHER. Mr. Speaker, I am very nized for 30 minutes. the peace process, but peace must con- pleased today to support H.R. 3074. I con- The Chair recognizes the gentleman tinue and must go on. I think what is gratulate my colleagues, Chairman CRANE and from Florida [Mr. SHAW]. going on in Lebanon today and for the Mr. SHAW, in working hard to bring this impor- b 1300 past several days also is a sobering re- tant piece of legislation before the House Mr. SHAW. Mr. Speaker, I yield my- alization that there are many, many today. This bill enjoys bipartisan support and is noncontroversial. self such time as I may consume. people that want to destroy the peace Mr. Speaker, this resolution is nec- process. The Hezbollah are guerrillas, H.R. 3074 would permit the expansion of preferential tariff treatment in the Middle East, essary to return to the Senate the bill the so-called Party of God, the people S. 1463, because it contravenes the con- who are rejecting it on the Palestinian specifically to goods from the West Bank, Gaza Strip, and qualifying industrial zones in stitutional requirement that revenue side. measures shall originate in the House We need to persevere. But in order to the area. This provision would implement an of Representatives. S. 1463 would create have a real peace, Mr. Speaker, I be- agreement with the Palestinian authority that a new basis for applying import restric- lieve that both sides must keep their would benefit United States interests because tions, and therefore contravenes this agreement. And I say it again and I say United States products would also be ac- corded duty free access to these areas and constitutional requirement. it for all to hear, to Mr. Arafat, you S. 1463 proposes to amend title II of steps would be taken to end illegal trans- must abrogate those covenants calling the Trade Act of 1974, which sets forth shipment of goods not qualifying for such for Israel’s destruction or American aid the authority and procedures for the treatment. In addition, the Palentinian authority will cease. Now, I support this because President to provide temporary import has agreed to support all efforts to end the again I think free-trade benefits to the relief to a domestic industry which has Arab economic boycott of Israel. West Bank and Gaza Strip are impor- been seriously injured by imports. Although the impact of this legislation will tant. But again, these benefits and all Under the so-called ‘‘safeguard’’ stat- not cover a large dollar amount of trade, I be- benefits will stop if those covenants ute, the International Trade Commis- lieve that it sends an important signal to en- are not abrogated. sion conducts an investigation upon re- courage the Middle East peace process. I Mr. SHAW. Mr. Speaker, I yield such quest, and, if appropriate, makes a rec- have always said that free trade is the most time as he may consume to the gen- ommendation to the President regard- effective public policy tool that we possess to tleman from Illinois [Mr. CRANE], ing what action would address the in- increase peace and prosperity in our society. chairman of the Subcommittee on jury to the industry. This action may This legislation is part of that process. I urge Trade of the Committee on Ways and include a tariff, tariff-rate quota, quan- Means. my colleagues to vote for H.R. 3074. titative restriction, or adjustment Mr. CRANE. Mr. Speaker, I am Mr. SHAW. Mr. Speaker, I join with my colleague and good friend, the gen- measures. The President then must de- pleased to rise today in support of H.R. termine what action, if any, is appro- tleman from New York [Mr. RANGEL], 3074, legislation that would provide the priate. The actions authorized to be and ask for a ‘‘yes’’ vote on this impor- President proclamation authority to taken by the President include a duty, modify tariffs on products from the tant piece of legislation. Mr. Speaker, I yield back the balance tariff-rate quota, quantitative restric- West Bank, Gaza Strip, and qualifying tion, adjustment measure, or negotia- industrial zones. I introduced this bill, of my time. The SPEAKER pro tempore. The tion of trade agreements limiting im- together with my colleagues Mr. SHAW question is on the motion offered by ports into the United States. and Mr. RANGEL, because I believe it S. 1463 changes this authority and will go a long way to improve the tense the gentleman from Florida [Mr. SHAW] that the House suspend the rules and procedure by authorizing the ITC to situation in the Middle East. This bi- limit its investigation with respect to partisan bill was reported favorably pass the bill, H.R. 3074. The question was taken; and (two- a domestic agricultural product pro- out of the Ways and Means Committee thirds having voted in favor thereof) duced within a particular growing sea- by voice vote without amendment on the rules were suspended and the bill son. As a result, S. 1463 changes the March 14 and enjoys the full support of was passed. predicate necessary for achieving ac- the administration. A motion to reconsider was laid on cess to the desired trade remedy, which Specifically, the effect of the provi- the table. takes for form of an import restriction. sion is to offer to goods from the West f As a result, the proposed change would Bank, Gaza Strip, and qualifying indus- allow products which do not currently trial zones the same tariff treatment as PRIVILEGES OF THE HOUSE—RE- qualify for import relief to be able to is offered to Israel under the United TURNING TO THE SENATE S. 1463 qualify in the future. This would have States-Israel Free-Trade Agreement. In Mr. SHAW. Mr. Speaker, I rise to a the effect of creating a new basis and exchange for this preferential tariff question on the privileges of the House mechanism for applying import restric- treatment, the Palestinian Authority and I offer a resolution (H. Res. 402) re- tions under authority granted to the has agreed to accord United States turning to the Senate the bill S. 1463. President, which is not currently avail- products duty-free access to the West The SPEAKER pro tempore. The able. Bank and Gaza Strip, to prevent illegal Clerk will report the resolution. Import relief granted under this new transshipment of goods not qualifying The Clerk read as follows: authority would have a direct effect on for duty-free access, and to support all H. RES. 402 customs revenues. The proposed change efforts to end the Arab economic boy- Resolved, That the bill of the Senate (S. in our tariff laws is a ‘‘revenue affect- cott of Israel. 1463) to amend the Trade Act of 1974 to clar- ing’’ infringement in the House’s pre- I believe that granting duty-free ify the definitions of domestic industry and rogatives, which constitutes a revenue treatment for goods produced in these like articles in certain investigations involv- measure in the constitutional sense. zones in exchange for the commitment ing perishable agricultural products, and for Therefore, I am asking that the House by the Palestinian Authority is impor- other purposes, in the opinion of this House, insist on its constitutional preroga- tant to the Middle East peace process. contravenes the first clause of the seventh tives. section of the first article of the Constitu- In addition, it will increase employ- tion of the United States and is an infringe- There are numerous precedents for ment and will stimulate the economy ment of the privileges of this House and that the action I am requesting. For exam- of the region. Therefore, I encourage such bill be respectfully returned to the Sen- ple, on March 21, 1996, the House re- my colleagues to give their full support ate with a message communicating this reso- turned to the Senate S. 1518, repealing to this bill. lution. an existing import restriction in the Mr. RANGEL. Mr. Speaker, I just The SPEAKER pro tempore. The res- Tea Importation Act of 1897. On July want to urge the adoption of this legis- olution constitutes a question of the 21, 1994, the House returned to the Sen- lation. As I said earlier, it is supported privileges of the House. ate S. 729, prohibiting the import of by both sides of the aisle and the Presi- Under the rule, the gentleman from specific products which contain more dent. Florida [Mr. SHAW] will be recognized than specified quantities of lead. April 16, 1996 CONGRESSIONAL RECORD — HOUSE H3415 On February 25, 1992, the House re- and Means Subcommittee on Trade will be may have 5 legislative days within turned to the Senate S. 884, requiring holding hearings on Representative SHAW's which to revise and extend their re- the President to impose sanctions, in- section 202 fix next week. From there, we marks on H.R. 2501, as amended. cluding import restrictions, against hope to see the measure return quickly to this The SPEAKER pro tempore. Is there countries that fail to eliminate large- floor for full consideration. We hope that when objection to the request of the gen- scale driftnet fishing. On October 31, this measure emerges from committee for a tleman from Colorado? 1991, the House returned to the Senate vote, you will join us in giving fair treatment to There was no objection. S. 320, including provisions imposing, American farmers. Mr. SCHAEFER. Mr. Speaker, I yield or authorizing the imposition of a ban Florida growers perform a unique function myself such time as I may consume. on imports in connection with export for this country by competing head-to-headÐ (Mr. SCHAEFER asked and was given administration. On September 23, 1988, not with other American producers, but with permission to revise and extend his re- the House returned to the Senate S. foreign producersÐto provide winter fruits and marks.) 2662, imposing import quotas on tex- vegetables for Americans. They deserve our Mr. SCHAEFER. Mr. Speaker, these tiles and footwear products. support. bills extend the deadline for construc- I want to emphasize that this action Mr. SHAW. Mr. Speaker, at this time tion of hydroelectric projects in the does not constitute a rejection of the I have no additional speakers. I com- States of Illinois, Kentucky, North Senate bill on its merits. Adoption of pliment the Senators and the Senate Carolina, Ohio, and Pennsylvania. this privileged resolution to return the for the passage of this bill, and hope- Under section 13 of the Federal Power bill to the Senate should in no way fully they can expeditiously pass it in Act, project construction must begin prejudice its consideration in a con- the final analysis. within 4 years of the issuance of the li- stitutionally acceptable manner. Mr. Speaker, I have no further re- cense. If the licensee has not begun In fact, I introduced companion legis- quests for time, I yield back the bal- construction by that time, the Federal lation, H.R. 2795, on December 15, 1995, ance of my time, and I move the pre- Energy Regulatory Commission cannot in order to address the identical issues vious question on the resolution. extend the deadline and must termi- by S. 1463. In addition, at my request, The previous question was ordered. nate the license. the Ways and Means Subcommittee on The resolution was agreed to. These types of bills have not been Trade will be holding a hearing on H.R. A motion to reconsider was laid on controversial in the past, and the bills 2795 on April 25. the table. we are considering today were reported Accordingly, the proposed action f out of the Commerce Committee by today is purely procedural in nature, unanimous voice vote. The bills do not and is necessary to preserve the prerog- EXTENSION OF FEDERAL POWER alter the license requirements in any atives of the House to originate reve- ACT DEADLINE FOR PROJECT IN way and do not change environmental nue matters. It makes it clear to the KENTUCKY standards, but merely extend the Fed- Senate that the Appropriate procedure Mr. SCHAEFER. Mr. Speaker, I move eral Power Act deadline for construc- for dealing with revenue measures is to suspend the rules and pass the bill tion. for the House to act first on a revenue (H.R. 2501) To extend the deadline There is a need to act, since the con- bill, and for the Senate to accept it or under the Federal Power Act applicable struction deadlines for some of the amend it as it sees fit. to the construction of a hydroelectric projects have already expired. If Con- Mr. Speaker, I yield such time as he project in Kentucky, and for other pur- gress does not act, the Commission will may consume to the gentleman from poses, as amended. terminate the licenses, the project Florida [Mr. GOSS]. The Clerk read as follows: sponsors will lose millions of dollars (Mr. GOSS asked and was given per- H.R. 2501 they have invested in the projects, and mission to revise and extend his re- Be it enacted by the Senate and House of Rep- communities will lose the prospect of marks.) resentatives of the United States of America in significant job creation and added reve- Mr. GOSS. Mr. Speaker, I thank the Congress assembled, nues. gentleman from Florida [Mr. SHAW] for SECTION 1. EXTENSION OF DEADLINE. The principal reason construction of yielding this time to me. (a) IN GENERAL.—Notwithstanding the time these projects has not commenced is I rise in strong support of what the period specified in section 13 of the Federal the lack of a power sales contract. In gentleman from Florida is trying to do Power Act (16 U.S.C. 806) that would other- order to finance a hydroelectric primarily because of the casualties. We wise apply to the Federal Energy Regulatory project, a sponsor typically requires a are suffering unnecessary casualties. Commission project numbered 10228, the power sales contract to obtain financ- There are things we can do to repair Commission shall, at the request of the li- ing necessary to begin construction. censee for the project and after reasonable that damage, and the gentleman from notice, in accordance with the good faith, However, due to the sweeping changes Florida [Mr. SHAW] has the right an- due diligence, and public interest require- in the electric industry today, many swer. ments of that section and the Commission’s utilities are reluctant to sign the long- Mr. Speaker, Florida winter fruit and vegeta- procedures under that section, extend the term purchase contracts. These bills ble growers are being drowned in a flood of time period during which the licensee is re- give licensees additional time to obtain cheap Mexican produce. While current U.S. quired to commence the construction of the financing. laws allow other industries in this position to project, under the extension described in I should also note that the bills in- subsection (b), for not more than 3 consecu- corporate the views of the Federal En- seek relief under a GATT and NAFTA legal tive 2-year periods. escape clause, this option is not really open to (b) EFFECTIVE DATE.—This section shall ergy Regulatory Commission. The En- our growers because of the seasonal nature of take effect on the date of the expiration of ergy and Power Subcommittee solic- their industry. In January, the Florida delega- the extension of the period required for com- ited the views of FERC, and amended tion made a bipartisan push to attach lan- mencement of construction of the project de- the legislation to limit extensions to 10 guage to the continuing resolution to correct scribed in subsection (a) that the Commis- years, as recommended by the Commis- this technical, definitional problem in section sion issued, prior to the date of enactment of sion. 202 of the 1974 Trade Act. While these efforts this Act, under section 13 of the Federal I would like to briefly describe the Power Act (16 U.S.C. 806). hit a snag in the House, Florida's Senators first of the bills, H.R. 2501, a bill to ex- were able to join forces to pass a stand-alone The SPEAKER pro tempore. Pursu- tend the deadline for commencement of measure in the Senate. ant to the rule, the gentleman from construction of a hydroelectric project Today, S. 1463 is being blue-slipped on pro- Colorado [Mr. SCHAEFER] and the gen- in Kentucky. This 80-megawatt project cedural grounds because it is the prerogative tleman from New Jersey [Mr. PALLONE] would be located at an existing Army of the House to originate revenue measures. will each be recognized for 20 minutes. Corps of Engineers dam on the Ohio The members of the Florida delegation re- The Chair recognizes the gentleman River in Hancock County, KY. The con- spect the need to proceed under the regular from Colorado [Mr. SCHAEFER]. struction deadline expired on June 20, rules of the House, but believe that this meas- GENERAL LEAVE 1995, and if we do not act the Commis- ure must be moved forward. For this reason, Mr. SCHAEFER. Mr. Speaker, I ask sion will terminate the license. Accord- we are pleased to see that the House Ways unanimous consent that all Members ing to the project sponsor, the lack of H3416 CONGRESSIONAL RECORD — HOUSE April 16, 1996 a power sales contract has prevented sion, issued by the Commission under section nue to the local city for capital improvements construction. FERC has not expressed 13 of the Federal Power Act (16 U.S.C. 806), of and other projects which will positively impact opposition to H.R. 2501, since it in- the period required for commencement of area employment. cludes limitations on the extension. construction of the project described in sub- The project has been planned in a way that section (a). The legislation was introduced by our (c) REINSTATEMENT OF LICENSE.—The Com- addresses potential environmental concerns. colleague, Representative RON LEWIS of mission is authorized to reinstate the license The current proposal utilizes a turbine design, Kentucky. for the project referred to in section (a), ef- which will reduce the plant's impact on fish I urge my colleagues to support H.R. fective as of the date of its expiration or ter- and other aquatic life. In fact, the fishways to 2501. mination. be constructed upstream and downstream Mr. Speaker, I reserve the balance of The SPEAKER pro tempore. Pursu- from the plant will actually improve fishing ac- my time. ant to the rule, the gentleman from cess for anglers. Mr. PALLONE. Mr. Speaker, I yield Colorado [Mr. SCHAEFER] and the gen- I urge my colleagues to support this exten- myself such time as I may consume. tleman from New Jersey [Mr. PALLONE] sion of time allowed to construct a hydro- Mr. Speaker, the gentleman from will each be recognized for 20 minutes. electric power facility in southwestern Illinois. Colorado went into the details of why The Chair recognizes the gentleman Mr. PALLONE. Mr. Speaker, I yield these bills have been brought to the from Colorado [Mr. SCHAEFER]. back the balance of my time. floor today and why it is important GENERAL LEAVE Mr. SCHAEFER. Mr. Speaker, I have that we move on them. In each case Mr. SCHAEFER. Mr. Speaker, I ask no further requests for time, and I they are supported on a bipartisan unanimous consent that all Members yield back the balance of my time. basis, and I certainly support them be- may have 5 legislative days within The SPEAKER pro tempore (Mr. cause of the limitations set in the Fed- which to revise and extend their re- CAMP). The question is on the motion eral Power Act. We basically have a marks on H.R. 2630, as amended. offered by the gentleman from Colo- tradition in this House on a bipartisan The SPEAKER pro tempore. Is there rado [Mr. SCHAEFER] that the House basis of moving these noncontroversial objection to the request of the gen- suspend the rules and pass the bill, license extensions, and I am pleased tleman from Colorado? H.R. 2630, as amended. that we are continuing that tradition There was no objection. The question was taken; and (two- today by taking up these bills. They Mr. SCHAEFER. Mr. Speaker, I yield thirds having voted in favor thereof) were reported out without dissent, and myself such time as I may consume. the rules were suspended and the bill, I do support each of them. (Mr. SCHAEFER asked and was given as amended, was passed. Mr. Speaker, I yield back the balance permission to revise and extend his re- A motion to reconsider was laid on of my time. marks.) the table. Mr. SCHAEFER. Mr. Speaker, I yield Mr. SCHAEFER. Mr. Speaker, H.R. f back the balance of my time. 2630 as amended directs the Federal En- EXTENSION OF FEDERAL POWER The SPEAKER pro tempore. The ergy Regulatory Commission to extend ACT DEADLINE FOR PROJECTS question is on the motion offered by the deadline for construction of a hy- IN PENNSYLVANIA the gentleman from Colorado [Mr. droelectric project in Illinois. This 78- SCHAEFER] that the House suspend the megawatt project would be located at Mr. SCHAEFER. Mr. Speaker, I move rules and pass the bill, H.R. 2501, as an existing Corps of Engineers dam on to suspend the rules and pass the bill amended. the Mississippi River, in St. Charles (H.R. 2695) to extend the deadline under The question was taken; and (two- County, MO, and Madison County, IL. the Federal Power Act applicable to thirds having voted in favor thereof) There was a previous legislative exten- the construction of certain hydro- the rules were suspended and the bill, sion of the construction period for this electric projects in the State of Penn- as amended, was passed. project in the 1991 highway bill. There sylvania, as amended. A motion to reconsider was laid on is good reason to act on H.R. 2630 in a The Clerk read as follows: the table. timely manner, since the construction H.R. 2695 f deadline expired on October 15, 1995, Be it enacted by the Senate and House of Rep- and FERC has issued a notice of prob- resentatives of the United States of America in EXTENSION OF FEDERAL POWER Congress assembled, ACT DEADLINE FOR A PROJECT able termination. This bill was intro- duced by our colleague, Representative SECTION 1. EXTENSION OF DEADLINE. IN ILLINOIS (a) EXTENSION.—Notwithstanding the time JERRY COSTELLO of Illinois. Mr. SCHAEFER. Mr. Speaker, I move limitations of section 13 of the Federal I urge my colleagues to support H.R. Power Act (16 U.S.C. 806), upon the request of to suspend the rules and pass the bill 2630. the licensee for the project concerned, and (H.R. 2630) to extend the deadline for b 1315 after reasonable notice, the Federal Energy commencement of construction of a Regulatory Commission shall, in accordance hydroelectric project in the State of Il- Mr. PALLONE. Mr. Speaker, I yield with the good faith, due diligence, and public linois, as amended. myself such time as I may consume. interest requirements of such section 13 and The Clerk read as follows: Mr. Speaker, I would indicate sup- the Commission’s procedures under such sec- tion, extend the time required for com- H.R. 2630 port on our side of the aisle for the bill. mencement of construction of each of the Be it enacted by the Senate and House of Rep- The gentleman from Illinois [Mr. COSTELLO] was here before and asked, following projects until September 26, 1999: resentatives of the United States of America in (1) FERC Project No. 4474. Congress assembled, of course, that it be moved. (2) FERC Project No. 7041. SECTION 1. EXTENSION OF COMMENCEMENT OF Mr. COSTELLO. Mr. Speaker, I rise today in (b) EFFECTIVE DATE.—This section shall CONSTRUCTION DEADLINE FOR HY- support of H.R. 2630, legislation to extend the take effect for the project upon the expira- DROELECTRIC PROJECT IN THE deadline for beginning construction on a hy- tion of the extension (issued by the Commis- STATE OF ILLINOIS. droelectric project in southwestern Illinois. The sion under section 13 of the Federal Power (a) IN GENERAL.—Notwithstanding the time Act (16 U.S.C. 806)) of the period required for period specified in section 13 of the Federal Federal Power Act requires construction of a hydroelectric project to begin within 2 years commencement of construction of the Power Act (16 U.S.C. 806) that would other- project concerned. wise apply to the Federal Energy Regulatory after the Federal Energy Regulatory Commis- Commission project unnumbered 3246, the sion [FERC] issues a license. FERC can grant The SPEAKER pro tempore. Pursu- Commission shall, at the request of the li- one additional extension, which it has already ant to the rule, the gentleman from censee for the project, in accordance with done. This bill will extend the time period in Colorado [Mr. SCHAEFER] and the gen- the good faith, due diligence, and public in- which construction must begin by 2 years. tleman from New Jersey [Mr. PALLONE] terest requirements of that section and the This project is important to meet the energy will each be recognized for 20 minutes. Commission’s procedures under that section, The Chair recognizes the gentleman extend until October 15, 1997, the time period and economic needs of southwestern Illinois. from Colorado [Mr. SCHAEFER]. during which the licensee is required to com- This region of my district has seen tremen- mence construction of the project. dous job loss and a shrinking tax base due to GENERAL LEAVE (b) APPLICABILITY.—Subsection (a) shall reduced job opportunities in manufacturing. Mr. SCHAEFER. Mr. Speaker, I ask take effect on the expiration of the exten- Royalties from power sales will provide reve- unanimous consent that all Members April 16, 1996 CONGRESSIONAL RECORD — HOUSE H3417 may have 5 legislative days within (1) IN GENERAL.—Notwithstanding the time is not opposed by FERC, since it in- which to revise and extend their re- period specified in section 13 of the Federal cludes limitations on the extensions. marks on H.R. 2695, as amended. Power Act (16 U.S.C. 806) that would other- The measure was introduced by our wise apply to the Federal Energy Regulatory The SPEAKER pro tempore. Is there colleague, Representative SUE MYRICK Commission project numbered 10812, the objection to the request of the gen- Commission shall, at the request of the li- of North Carolina. tleman from Colorado? censee for the project, and after reasonable I urge my colleagues to support H.R. There was no objection. notice, in accordance with the good faith, 2773. Mr. SCHAEFER. Mr. Speaker, I yield due diligence, and public interest require- Mr. Speaker, I reserve the balance of myself such time as I may consume. ments of that section and the Commission’s my time. Mr. Speaker, H.R. 2695, as amended, procedures under that section, extend the Mr. PALLONE. Mr. Speaker, I yield directs the Federal Energy Regulatory time period during which the licensee is re- myself such time as I may consume. Commission to extend the deadline for quired to commence the construction of the Mr. Speaker, we also support this bill commencement of construction of two project, under the extension described in paragraph (2), for not more than 3 consecu- on our side of the aisle, and urge its hydro projects in Pennsylvania. These tive 2-year periods. adoption. projects would be constructed at exist- (2) EFFECTIVE DATE.—This subsection shall Mrs. MYRICK. Mr. Speaker, I proposed H.R. ing Army Corps of Engineer dams on take effect on the date of the expiration of 2773 as a regulatory relief bill for two of Amer- the Allegheny and Ohio Rivers, and the extension of the period required for com- ica's many entrepreneurs. would have capacities of 12 and 20 mencement of construction of the project de- H.R. 2773 extends the construction license megawatts. There is a need to act on scribed in paragraph (1) that the Commission for two hydroelectric plants in North Carolina. issued, prior to the date of enactment of this this legislation, since the construction Extending these deadlines allows these two deadline for both projects expired on Act, under section 13 of the Federal Power Act (16 U.S.C. 806). individuals to participate in the fastest growing April 15, 1995. According to the project (b) PROJECT NUMBERED 6879.— sector of our economy, small business. For sponsors, construction has not com- (1) IN GENERAL.—Notwithstanding the time example, Mr. Daniel Evans of Kings Mountain, menced for lack of a power purchase period specified in section 13 of the Federal N.C., a constituent of mine, has successfully agreement. H.R. 2695 was introduced by Power Act (16 U.S.C. 806) that would other- worked to raise the capital on his ownÐno our colleague, Representative RON wise apply to the Federal Energy Regulatory government handoutsÐand line up the pur- KLINK of Pennsylvania. Commission project numbered 6879, the Com- chasing of the land for this noteworthy project. mission may, at the request of the licensee I urge my colleagues to support H.R. This example of self-initiative shows that the 2695. for the project, and after reasonable notice, in accordance with the good faith, due dili- entrepreneurial spirit is alive and well in Amer- Mr. Speaker, I reserve the balance of gence, and public interest requirements of ica. I thank my colleagues in the House for my time. that section and the Commission’s proce- voting for H.R. 2773 and showing their support Mr. PALLONE. Mr. Speaker, I yield dures under that section, extend the time pe- for the small businessmen and business- myself such time as I may consume. riod during which the licensee is required to women of this country. Mr. Speaker, I just wanted to thank commence the construction of the project for I also want to thank House Commerce not more than 3 consecutive 2-year periods. the gentleman for moving H.R. 2695, Committee Chairman THOMAS BLILEY, Com- (2) EFFECTIVE DATE.—This subsection shall which deals with the two hydroelectric merce Energy and Power Subcommittee projects in the State of Pennsylvania. take effect on the date of the expiration of the period required for commencement of Chairman DAN SCHAEFER, and Representative This bill is sponsored by the gentleman construction of the project under the license RICHARD BURR of North Carolina for all of their from Pennsylvania [Mr. KLINK] who is for the project. assistance in bringing H.R. 2773 to the House a member of our committee. It passed The SPEAKER pro tempore. Pursu- floor. Their tireless efforts are greatly appre- unanimously, and I would urge its ant to the rule, the gentleman from ciated by myself and all of the citizens of adoption. Colorado [Mr. SCHAEFER] and the gen- North Carolina who will benefit by having this Mr. Speaker, I yield back the balance tleman from New Jersey [Mr. PALLONE] added source of hydroelectric energy for their of my time. will each be recognized for 20 minutes. use. Mr. SCHAEFER. Mr. Speaker, I have The Chair recognizes the gentleman Mr. PALLONE. Mr. Speaker, I yield no further requests for time, and I from Colorado [Mr. SCHAEFER]. back the balance of my time. yield back the balance of my time. Mr. SCHAEFER. Mr. Speaker, I have GENERAL LEAVE The SPEAKER pro tempore. The no further requests for time, and I question is on the motion offered by Mr. SCHAEFER. Mr. Speaker, I ask yield back the balance of my time. the gentleman from Colorado [Mr. unanimous consent that all Members The SPEAKER pro tempore. The SCHAEFER] that the House suspend the may have 5 legislative days within question is on the motion offered by rules and pass the bill, H.R. 2695, as which to revise and extend their re- the gentleman from Colorado [Mr. marks on H.R. 2773, as amended. amended. SCHAEFER] that the House suspend the The question was taken; and (two- The SPEAKER pro tempore. Is there rules and pass the bill, H.R. 2773, as thirds having voted in favor thereof) objection to the request of the gen- amended. the rules were suspended and the bill, tleman from Colorado? The question was taken; and (two- as amended, was passed. There was no objection. thirds having voted in favor thereof) A motion to reconsider was laid on Mr. SCHAEFER. Mr. Speaker, I yield the rules were suspended and the bill, the table. myself such time as I may consume. as amended, was passed. f Mr. Speaker, H.R. 2773, as amended, A motion to reconsider was laid on directs the Federal Energy Regulatory the table. EXTENSION OF FEDERAL POWER Commission to extend the deadline for ACT DEADLINE FOR PROJECTS construction of two projects in North f IN NORTH CAROLINA Carolina. The first project is a 4.8- Mr. SCHAEFER. Mr. Speaker, I move megawatt project to be located at an EXTENSION OF FEDERAL POWER to suspend the rules and pass the bill existing Army Corps of Engineers dam ACT DEADLINE FOR PROJECT IN (H.R. 2773) to extend the deadline under on the Yadkin River in Wilkes County, OHIO the Federal Power Act applicable to NC. The second project is an 815-kilo- Mr. SCHAEFER. Mr. Speaker, I move the construction of 2 hydroelectric watt project to be located at an exist- to suspend the rules and pass the bill projects in North Carolina, and for ing private dam on the Second Broad (H.R. 2816) to reinstate the license for, other purposes, as amended. River in Rutherford County, NC. There and extend the deadline under the Fed- The Clerk read as follows: is a need to act on this legislation, eral Power Act applicable to the con- H.R. 2773 since the deadline for commencement struction of, a hydroelectric project in Be it enacted by the Senate and House of Rep- of construction of the two projects ex- Ohio, and for other purposes. resentatives of the United States of America in pired on October 28, 1994, and March 20, H.R. 2816 Congress assembled, 1995. Moreover, the Commission has is- Be it enacted by the Senate and House of Rep- SECTION 1. EXTENSION OF DEADLINE. sued a notice of probable termination resentatives of the United States of America in (a) PROJECT NUMBERED 10812.— for one of the projects. This legislation Congress assembled, H3418 CONGRESSIONAL RECORD — HOUSE April 16, 1996 SECTION 1. REINSTATEMENT OF LICENSE AND $85 million for civic, electrical, and me- SECTION 1. EXTENSION OF COMMENCEMENT OF EXTENSION DEADLINE. chanical construction. The Pike Island CONSTRUCTION DEADLINE FOR HY- DROELECTRIC PROJECT IN KEN- Notwithstanding the expiration of the li- project would provide between 84 and cense and notwithstanding the time period TUCKY. specified in section 13 of the Federal Power 139 construction jobs over a 3-year pe- (a) IN GENERAL.—Notwithstanding the time Act (16 U.S.C. 806) that would otherwise riod with a payroll between $10.8 mil- period specified in section 13 of the Federal apply to the Federal Energy Regulatory lion and $18.6 million. Power Act (16 U.S.C. 806) that would other- Commission project numbered 3218, the Com- This project, Mr. Speaker, was wise apply to the Federal Energy Regulatory mission shall, at the request of the licensee brought to our attention by Yorkville, Commission project numbered 6641, the Com- for the project, reinstate the license effec- OH in the district of the gentleman mission shall at the request of the licensee tive September 25, 1993, and extend the time for the project, in accordance with the good from Ohio [Mr. REGULA]. I want to faith, due diligence, and public interest re- period during which the licensee is required thank him for being a cosponsor. to commence the construction of the project quirements of that section and the Commis- so as to terminate on September 24, 1999. I also want to point out that this is sion’s procedures under that section, extend also an environmentally friendly until June 15, 1998, the time period during The SPEAKER pro tempore. Pursu- project. The development of the Pike which the licensee is required to commence ant to the rule, the gentleman from Island project can satisfy part of the construction of the project. Colorado [Mr. SCHAEFER] and the gen- supply-side electrical generating ca- (b) APPLICABILITY.—Subsection (a) shall tleman from New Jersey [Mr. PALLONE] take effect on the expiration of the exten- pacity that the region will need to will each be recognized for 20 minutes. sion, issued by the Commission under section meet its growth. The project will also The Chair recognizes the gentleman 13 of the Federal Power Act (16 U.S.C. 806), of generate approximately 49.5 megawatts from Colorado [Mr. SCHAEFER]. the period required for commencement of and provide important reductions in construction of the project described in sub- GENERAL LEAVE the emissions of sulfur dioxide and section (a). Mr. SCHAEFER. Mr. Speaker, I ask other airborne pollutants. More impor- (c) REINSTATEMENT OF LICENSE.—The Com- unanimous consent that all Members tantly for our area, I want to point out mission is authorized to reinstate the license may have 5 legislative days within that clean air credits will also be gen- for the project referred to in subsection (a), which to revise and extend their re- effective as of the date of its expiration or erated, which is important in helping termination. marks on H.R. 2816. to ensure we can burn our region’s The SPEAKER pro tempore. Is there high-sulfur coal and we can continue to The SPEAKER pro tempore. Pursu- objection to the request of the gen- burn the coal that is important for our ant to the rule, the gentleman from tleman from Colorado? jobs. Colorado [Mr. SCHAEFER] and the gen- There was no objection. The Pike Island project will also cre- tleman from New Jersey [Mr. PALLONE] Mr. SCHAEFER. Mr. Speaker, I yield ate and preserve local employment, en- will each be recognized for 20 minutes. The Chair recognizes the gentleman myself such time as I may consume. hance recreational and sporting oppor- from Colorado [Mr. SCHAEFER]. Mr. Speaker, H.R. 2816 directs the tunities for local residents, and will Federal Energy Regulatory Commis- pay considerable taxes and fees. That is GENERAL LEAVE sion to reinstate the license and extend for the entire region of Belmont Coun- Mr. SCHAEFER. Mr. Speaker, I ask the deadline for construction of a hy- ty in Ohio. unanimous consent that all Members droelectric project in Ohio. This 49- Mr. Speaker, also I want to say in may have 5 legislative days within megawatt project is located at an ex- closing, I want to thank the county which to revise and extend their re- isting Army Corps of Engineers dam on commissioners in Belmont County, marks on H.R. 2869. the Ohio River, at Tiltonsville, OH. Commissioners Beaning, Coyne, and The SPEAKER pro tempore. Is there The deadline for commencement of Pollak, and also Don Myers, our direc- objection to the request of the gen- construction expired on April 15, 1993, tor of development, who worked with tleman from Colorado? and the Federal Energy Regulatory us on this project. It is a good bill, and There was no objection. Commission accepted surrender of the I urge support. Mr. SHAEFER. Mr. Speaker, I yield license. H.R. 2816 would reinstate the Mr. SCHAEFER. Mr. Speaker, I myself such time as I may consume. license and extend the construction thank my good friend, the gentleman Mr. Speaker, H.R. 2869 directs the deadline until September 24, 1999. from Ohio [Mr. NEY], for his remarks, Federal Energy Regulatory Commis- FERC does not oppose the bill since it and I yield back the balance of my sion to extend the license for an 80- limits the extension. This legislation time. megawatt hydroelectric project in Ken- was introduced by our colleague, Rep- The SPEAKER pro tempore. The tucky by 2 years. This project is lo- resentative BOB NEY of Ohio. question is on the motion offered by cated at an existing Army Corps of En- I urge my colleagues to support H.R. the gentleman from Colorado [Mr. gineers dam on the Ohio River in Liv- 2186. SCHAEFER] that the House suspend the ingston County, KY. There was a pre- Mr. Speaker, I reserve the balance of rules and pass the bill, H.R. 2816. vious legislative extension of the con- my time. The question was taken; and (two- struction period for this project in the Mr. PALLONE. Mr. Speaker, I yield thirds having voted in favor thereof) Energy Policy Act of 1992, which ex- myself such time as I may consume. the rules were suspended and the bill tended the period until June 29, 1996. Mr. Speaker, we also support the bill. was passed. FERC does not oppose H.R. 2869, be- Mr. Speaker, I yield back the balance A motion to reconsider was laid on cause it does not extend the construc- of my time. the table. tion period beyond 10 years. The bill Mr. SCHAEFER. Mr. Speaker, I yield was introduced by a member of the such time as he may consume to the f Subcommittee on Energy and Power, gentleman from Ohio [Mr. NEY]. Representative ED WHITFIELD of Ken- Mr. NEY. Mr. Speaker, I want to tucky. thank my colleague, the gentleman EXTENSION OF FEDERAL POWER I urge my colleagues to support H.R. from Colorado, for yielding time to me. ACT DEADLINE FOR PROJECT IN 2869. Mr. Speaker, I wanted to point out KENTUCKY Mr. Speaker, I reserve the balance of the importance of H.R. 2816. Of course, Mr. SCHAEFER. Mr. Speaker, I move my time. as has been stated, it is a bill to extend to suspend the rules and pass the bill Mr. PALLONE. Mr. Speaker, I yield the deadline for construction of a hy- (H.R. 2869) to extend the deadline for myself such time as I may consume. droelectric project in Ohio. It is in Bel- commencement of construction of a Mr. Speaker, again, this is a non- mont County. It is located at the Pike hydroelectric project in the State of controversial bill, and I would urge its Island Locks and Dam in our county in Kentucky, as amended. adoption. Ohio. It will have a very positive im- The Clerk read as follows: Mr. Speaker, I yield back the balance pact on the local economy, Mr. Speak- H.R. 2869 of my time. er, in this area. The anticipated cost is Be it enacted by the Senate and House of Rep- Mr. SCHAEFER. Mr. Speaker, I have estimated between $106 million and $130 resentatives of the United States of America in no further requests for time, and I million, with a cost of approximately Congress assembled, yield back the balance of my time. April 16, 1996 CONGRESSIONAL RECORD — HOUSE H3419 The SPEAKER pro tempore. The Gentile, to honor them by remember- pedagogic institution on the face of question is on the motion offered by ing and acknowledging their sacrifice. this planet, the Holocaust Memorial the gentleman from Colorado [Mr. It has been nearly 60 years since the Museum. This museum, in our Nation’s SCHAEFER] that the House suspend the beginning of the Holocaust, when Nazis Capital, is the most effective instru- rules and pass the bill, H.R. 2869, as killed over 6 million Jews and millions ment of teaching generations yet un- amended. of Poles, gypsies, Jehovah’s Witnesses, born that we are in fact our brother’s The question was taken; and (two- and others. The Nazi Holocaust dem- and sister’s keeper and fanatic hatreds, thirds having voted in favor thereof) onstrated an aspect of human nature bigotries, and discrimination have no the rules were suspended and the bill, which many people find hard to be- place in a civilized society. as amended, was passed. lieve. I suspect this particular year, which A motion to reconsider was laid on Much has happened since the closure is the 50th year of terminating the the table. of Auschwitz, and today we find the Nuremberg trials which brought to jus- f lands where this terrible act occurred, tice the leaders of this monstrosity, as well as lands which were once be- the people who demanded this mass DEPLORING INDIVIDUALS WHO hind the Iron Curtain are now free. murder, it is appropriate for all of us to DENY HISTORICAL REALITY OF We are fortunate that we live in this pause and to rededicate ourselves to HOLOCAUST AND COMMENDING free and democratic society here in recognizing the beauty of our different WORK OF U.S. HOLOCAUST ME- America; a place where people can approaches to religion and life. That MORIAL MUSEUM espouse whatever their views may be, our variety is not a problem but a even if they are factually incorrect or Mr. ENSIGN. Mr. Speaker, I move to thing to be celebrated and honored. hurtful to others. However, freedom of suspend the rules and agree to the reso- I call on all of my colleagues to re- expression cannot be allowed to drown lution (H. Res. 316) deploring individ- member the Holocaust and to pay trib- out the truth. Flasehoods must be an- uals who deny the historical reality of ute to the Holocaust Memorial Mu- swered. seum as a primary instrument of the Holocaust and commending the It is my hope that this vote will send teaching about our common humanity. vital, ongoing work of the U.S. Holo- a strong signal to the families of those caust Memorial Museum. Mr. Speaker, I reserve the balance of who died that the United States stands my time. The Clerk read as follows: with you in remembrance. We will not H. RES. 316 Mr. ENSIGN. Mr. Speaker, I yield 3 allow others with their doubts and minutes to the gentleman from New Whereas the Holocaust is a basic fact of questions to lessen the tragedy of what history, the denial of which is no less absurd York [Mr. GILMAN]. happened. (Mr. GILMAN asked and was given than the denial of the occurrence of the Sec- Therefore, I commend this legisla- permission to revise and extend his re- ond World War; tion to my colleagues, and encourage Whereas the Holocaust—the systematic, marks.) state-sponsored mass murders by Nazi Ger- the good work of the Holocaust Mu- Mr. GILMAN. Mr. Speaker, I thank many of 6,000,000 Jews, alongside millions of seum which is helping to educate over the gentleman for yielding me the others, in the name of a perverse racial the- 2 million people per year so that the time. ory—stands as one of the most ferociously atrocities which occurred nearly 60 Mr. Speaker, I rise in strong support heinous state acts the world has ever known; years ago may never be repeated again. of legislation the House is considering and b Whereas those who promote the denial of 1330 today. House Resolution 316, which I the Holocaust do so out of profound igno- Mr. Speaker, I reserve the balance of introduced on behalf of myself and my rance or for the purpose of furthering anti- my time. colleagues on the Holocaust Memorial Semitism and racism: Now, therefore, be it Mr. LANTOS. Mr. Speaker, I yield Council, deplores the persistent, ongo- Resolved, That the House of Representa- myself such time as I may consume. ing, and malicious efforts by some per- tives— Mr. Speaker, as we consider this res- sons in this country and abroad to deny (1) deplores the persistent, ongoing and olution, a few feet from this Chamber the historical reality of the Holocaust. malicious efforts by some persons in this This legislation also commends the country and abroad to deny the historical re- in the presence of members of the Su- ality of the Holocaust; and preme Court, our colleagues and a vast vital, ongoing work of the U.S. Holo- (2) commends the vital, ongoing work of number of individuals who are either caust Memorial Museum in speaking the United States Holocaust Memorial Mu- survivors of the Holocaust or children the truth against those who would seum, which memorializes the victims of the of survivors, we are commemorating deny that the Holocaust ever took Holocaust and teaches all who are willing to the day that has been set aside for re- place or who attempt to negate that learn profoundly compelling and universally membering this most heinous of all the Holocaust specifically targeted resonant moral lessons. crimes. Jews for extinction. The SPEAKER pro tempore. Pursu- It is a sad commentary on the ab- I wish to especially thank the chair- ant to the rule, the gentleman from surdity of our times that an event as man of the Resources Committee, Mr. Nevada [Mr. ENSIGN] and the gen- profoundly documented as the Holo- YOUNG, and the chairman of the Sub- tleman from California [Mr. LANTOS]. caust would need to be reemphasized as committee on National Parks, Mr. each will be recognized for 20 minutes. a reality. One and a half million inno- HANSEN, for their great support in ex- The Chair recognizes the gentleman cent children were among the 6 million pediting consideration of House Reso- from Nevada [Mr. ENSIGN]. men, women, and little ones who were lution 316. It is exceedingly timely that (Mr. ENSIGN asked and was given consumed in the flames of hatred that today’s consideration takes place, permission to revise and extend his re- represented the Holocaust. Learned since today is also Holocaust Memorial marks.) and simple, rich and poor, young and Day, and many of us have attended the Mr. ENSIGN. Mr. Speaker, I yield old, religious and nonbeliever, they remembrance day ceremony that the myself such time as I may consume. were all consumed by the flames of the Museum sponsored at noon in our Cap- Mr. Speaker, I rise in strong support Holocaust. As the only Member of Con- itol rotunda. of House Resolution 316, deploring indi- gress who is a survivor of the Holo- One of the major reasons for the Mu- viduals who deny the historical reality caust, I am calling on all of my col- seum’s very existence is to counter of the Holocaust and commending the leagues every year to remember this Holocaust deniers. Those who foster ongoing work of the U.S. Holocaust event, not only for its historic signifi- the denial of the Holocaust do so either Museum. cance but so that similar events, com- out of profound ignorance or for the I am honored to lead the fight for parable events, events of mass destruc- purpose of furthering anti-Semitism, this important legislation. We must tion of human beings, such as the ones bigotry, and racism. The Holocaust Me- never forget nor allow the fog of pass- we have seen lately in both Africa and morial Museum, through its permanent ing years to diminish the memories of the former Yugoslavia, should not take exhibitions, traveling programs, and those who died in the concentration place. educational outreach efforts, both me- camps. It is the blessed burden of each As we remember the Holocaust, we morialize the victims of the Holocaust, generation that follows, be they Jew or also must pay tribute to the greatest and counters those accusers through H3420 CONGRESSIONAL RECORD — HOUSE April 16, 1996 its honest and sensitive approach to so many issues. But there is not a dif- summed up the reasons for and role of one of the most ferociously heinous fering view on this one. The Holocaust an American memorial and museum to state acts the world has ever known. existed. We know it. I have talked my- the Holocaust: Accordingly, Mr. Speaker, I urge all self to thousands who survived it. They In reflecting on the Holocaust we confront my colleagues to express their support did not all get in a room and make this not only a collapse in human civilization but for the work of the Holocaust Memo- up. They suffered. Every family. also the causes, processes and consequences rial Museum by adopting House Reso- I was just looking at a picture at my of that collapse. As we analyze the American lution 316 and by participating in the home that I pointed out to my daugh- record, we can study our triumphs, as well as Days of Remembrance ceremonies ters was a picture of a family of six, our failures, so as to defeat radical evil and strengthen our democracy. throughout our Nation. my grandmother who lived in this Mr. LANTOS. Mr. Speaker, I yield 3 country to over 90, her parents, her b 1345 minutes to the distinguished gen- brother who I knew, and her two sis- My colleagues, let us be ever vigilant tleman from New York [Mr. SCHUMER], ters. Her parents and her two sisters in working for the people, pursuing the who in his own work here in the Con- were killed in the Holocaust, and I will of the majority, while ensuring the gress has done so much to preserve a pointed this out to my 11-year-old and rights of the minority. Let us, as Elie society under laws. 7-year-old, and someone who has no Wiesel asks, never be silent when Mr. SCHUMER. Mr. Speaker, I want knowledge of this comes in and says, human lives are in danger and human to congratulate both the gentleman ‘‘No, it didn’t exist.’’ That is awful. dignity is in jeopardy. Let us follow his from New York [Mr. GILMAN] and the That is degrading. And this body by charge to stand together, to ‘‘defeat gentleman from California [Mr. LAN- taking a stand and saying that it did radical evil and strengthen our democ- TOS] for this timely resolution. exist is doing not just the survivors a racy’’ and ensure that there are no I need not add any more words in service and not just the people who more holocausts in the future. praise of the Holocaust Museum and have relatives who died a service, it is Those that would deny the Holocaust the Holocaust Memorial. It is a tribute doing the world a service. I thank the not only dishonor the memory of the to America that when you go there, gentlemen, both of them, for introduc- martyrs who lost their lives in this you see people from every corner of ing this resolution. tragedy, but also rejects the ideas and America visiting and learning and re- Mr. ENSIGN. Mr. Speaker, I yield 3 values on which our great country is membering. minutes to the gentleman from Penn- based. I look at the museum as a great trib- sylvania [Mr. FOX], a fellow visitor to Thank you all for standing as one ute to those who conceived it and put Yad Vashem, which is the Holocaust against those who would deny the Hol- it together but also as a great tribute Museum in Israel. ocaust and for standing up for all to this country. I do not think such a (Mr. FOX of Pennsylvania asked and America represents to the people who museum would have been built in any was given permission to revise and ex- call our great Nation home and to other country. tend his remarks.) those across the globe that look to us But I would like to talk for the re- Mr. FOX of Pennsylvania. Mr. Speak- as a beacon of freedom and hope. mainder of my time on the part of the er, I thank the gentleman from Nevada I would also like to thank my fresh- bill dealing with revisionism. [Mr. ENSIGN] for yielding me the time. men colleagues who joined the gen- I represent a large number of Holo- I would like to thank the gentleman tleman from Rhode Island [Mr. KEN- caust survivors. When they hear and from New York [Mr. GILMAN] and the NEDY] and myself at the Holocaust Mu- read these ads denying that the Holo- gentleman from California [Mr. LAN- seum this past summer. One of our caust existed, when just about every TOS] for their leadership in introducing most weighty responsibilities is to bear one of them lost members of their im- this legislation. One of the most sol- witness, to tell and retell the facts of mediate family, their parents, their emn obligations we bear as legislators the Holocaust so that its lessons will brothers and sisters, their children, in our great democracy is to study the never be forgotten. It is my sincere and yet they suffer the indignity of past and learn from it and to educate hope that all future freshman classes people for their own vicious, vitriolic, our fellow citizens. will visit the Holocaust Museum and and usually anti-Semitic purposes to As the American theologian Reinhold reflect on its lessons as they apply to deny that the Holocaust existed, it is Niebuhr wrote, ‘‘Human capacity for our work. an indignity that the people who have justice makes democracy possible, but Mr. LANTOS. Mr. Speaker, I am par- gone through such great indignities our inclination to injustice makes de- ticularly pleased to yield such time as should not have to suffer. That is why mocracy necessary.’’ The revolting evi- he may consume to the gentleman this resolution is so appropriate. It is dence of man’s capacity for injustice from Rhode Island [Mr. KENNEDY], my appropriate because this Congress, lies close by in the U.S. Holocaust Me- dear friend and colleague whose family with all the divisions we have, can morial Museum and also in the mem- has done so much to carry forward the come and unite and say, ‘‘You can’t ory of some of our distinguished col- principles of freedom and justice and change history,’’ and we realize the leagues. The inhumane events of the decency among human beings in this pain people went through, and we also Holocaust were far beyond description. country and across the globe. remember, being the great country The collapse of a democracy and the Mr. KENNEDY of Rhode Island. Mr. that we are, that unless we learn from rise of an evil regime must never be Speaker, I want to commend the chair- history, we are going to repeat it. forgotten or denied for fear that they man for writing this resolution, along I would say to my colleagues, the will be repeated. The horrors which fol- with the gentleman from California fact that a few people with vicious in- lowed were incomprehensible. [Mr. LANTOS], and the only Holocaust tent can get such attention and do so Because of my religious upbringing survivor in this Congress, for yielding much to try and deny the Holocaust is and roots, the Holocaust Remembrance me this time. a sad commentary on our times as the Day, Yom HaShoah, has a personal sig- Mr. Speaker, as Congressman LANTOS gentleman from California mentioned. nificance for me. But far more impor- said, who would have thought it nec- It deals with an issue which I would tantly this day and its memories hold essary to affirm that the Holocaust has call moral relativism. These days no valuable lessons for all of us as Mem- happened? Who would have thought it matter how absurd, no matter how out- bers of the U.S. Congress. We must was necessary to affirm what was the rageous something someone says is, never forget the bitter consequences of worst crime against humanity the the general view is, ‘‘Well, let’s debate tyranny. These preserved memories are world has ever seen? Tragically, it is it.’’ There are some absolutes. There is important but they must be strength- necessary. As we all know, the histori- truth. There is history. And the idea ened by education and a willingness to cal record of the Holocaust faces chal- that no matter what anyone says, we act. This willingness of each of us to lenges on many fronts. These must be should put it on the table as equal to not be a bystander is the key to pro- fought in every instance. Revisionism the refutation of what has been said is tecting our democracy. In the report to and denial threaten more than just the something that we have to deal with. the President, the Holocaust Commis- understanding of an unfathomable Obviously there are differing views on sion members, led by Elie Wiesel, event. They threaten the future as April 16, 1996 CONGRESSIONAL RECORD — HOUSE H3421 well, for the energy which animates and systematically murdered in a late the Jews of Europe is something the Holocaust denier and the revision- state-sponsored effort to annihilate that must never be forgotten, and it is ist is the same hatred which propelled their ethnic and religious existence. Of certainly something that must never the Holocaust into being in the first those, fully 6 million were Jewish. be repeated. Those of us who have wit- place. Many others from across Europe died nessed the events, tragic events, over Today, one of the most offensive risking their lives for simply being the past several years in Bosnia, while challenges to the historical record of compassionate and trying to intervene. not of the magnitude of the Holocaust, the Holocaust is set to take place in All of their deaths are fact, not fic- certainly touched a responsive chord in Croatia, where President Franjo tion. And those who deny that reality us to know that we cannot ever again Tudjman has announced plans to not only further the pain and delay the sit idly by and watch ethnic cleansing rebury the remains of the Croatian fas- healing but perpetuate a crime on his- or Holocaust to rear its ugly head cists, the Yastashi regime, that was in tory and humanity. again. complicity with Hitler and the Nazis. Their motives for doing this are var- One would think the world would He has announced a plan to rebury ied. But we should be as one in our re- learn, the world would know, the world these SS officers, if you will, alongside sponse. would not want to repeat what went the remains of the victims of the Holo- We should condemn those who deny on. Yet we see again and again geno- caust in the death camp Yasenovech, the Holocaust for trying to rob us of cide rearing its ugly head. which is also in Croatia. the understanding of the evil that hu- So I think it is very, very fitting, Mr. This proposal is a moral affront to manity is capable of. Speaker, that this body pause to honor those who suffered the Holocaust, and That knowledge itself is the most the people who perished in the Holo- it sends a dangerous message. No, it powerful protection we have against caust, the memory of the people who sends a lie to future generations about such horror occurring again. It is a les- perished in the Holocaust, and to re- what happened at the death camp son about what can happen when the double our efforts to make sure that in Yasenovech. It muddles the history. soul becomes desensitized and cor- the future, holocausts never happen Here, on what should be sacred rupted. again. ground, perpetrators of the Holocaust Holocaust survivor and Nobel Laure- On this day of Yom HaShoah, we bear and victims of the Holocaust would ate Elie Wiesel, the Holocaust Coun- witness to what happened, and we now be lying side-by-side for an eter- cil’s first honorary chairman, reminded honor those people who perished in the nity. For those who endured a living people last night—and I quote—‘‘Don’t Holocaust. hell, this is the ultimate injustice. allow anyone or anything to deprive Mr. ENSIGN. Mr. Speaker, I yield 3 President Tudjman and other Holo- you of the great, great miracle which minutes to the gentleman from New caust revisionists should not derive AXON]. renders a human being sensitive to oth- York [Mr. P false comfort from a deliberate distor- Mr. PAXON. Mr. Speaker, never ers.’’ again. That is the cry of those who tion of their past. His proposal, in the I commend the U.S. Holocaust Memo- words of Dr. Walter Reich, head of the must keep the memory of the Holo- rial Museum and the council for mak- Holocaust Memorial Museum here in caust and its victims alive forever. We ing sure that we never forget. must keep this memory in mind so Washington, DC, is ‘‘nothing more than Mr. LANTOS. Mr. Speaker, I am an attempt to rewrite history with a that there will never again in history pleased to yield 2 minutes to the gen- shovel.’’ This should not be allowed to be a repeat of this worst of human tleman from New York [Mr. ENGEL], happen. I know this House will speak tragedies. my friend and distinguished colleague, out strongly on this issue, as will the Today, April 16, is the Day of Re- an indefatigable fighter for human Senate when it comes to the floor. membrance, a day on which we should I want to commend my colleagues, rights and decency. reflect as a nation on the monumental Mr. ENGEL. Mr. Speaker, I thank my when it comes to this resolution, for tragedy of the Holocaust directed at including this proposal in today’s Yom friend from California for yielding me the Jewish population of Europe by HASHOAH recognition. As well, I want time. Let me say we are all inspired by Adolf Hitler and the Nazi regime. to commend the Holocaust Museum for his story and his efforts. Unfortunately, there are too many the support they have offered in this Mr. Speaker, just a brief while ago individuals, both in our Nation and in fight and for the invaluable education many of us attended a Yom HaShoah the world, who would twist and distort they provide to thousands who visit remembrance, Days of Remembrance, the historical facts, in their sickening the Holocaust Memorial Museum in 1996, U.S. Holocaust Memorial Mu- attempts to claim that the Holocaust Washington, DC every day. The mis- seum, and they passed out this pro- never existed, or to minimize its scope. sion of this museum has never been gram. On the program it says, ‘‘For the By voting in support of this resolu- more important, and it is something dead and the living, we must bear wit- tion, I hope that Congress will send a that everyone should visit if they have ness.’’ message, a clear message, against these not visited already. Certainly nothing is more obscene purveyors of anti-Semitism and hatred, Mr. ENSIGN. Mr. Speaker, I yield 3 than those Holocaust revisionists who who seek to erase this tragedy from minutes to the gentleman from New try to claim that it did not happen or human memory. Jersey [Mr. ZIMMER]. that it did not happen to the mag- The U.S. Holocaust Memorial Mu- Mr. ZIMMER. Mr. Speaker, I thank nitude that we know it happened. They seum in this Nation’s Capital serves to the gentleman for yielding me this include, unfortunately, leaders of coun- educate and inform Americans about time. tries. Even a candidate for President of the reality of the Holocaust through Mr. Speaker, it is a great honor to this country has from time to time its many displays, its films, and inter- join my colleagues on this day of Yom made such ridiculous allegations. views. But in my opinion, Mr. Speaker, HaShoah to offer a resolution When you go to the Holocaust Memo- the most moving part of the museum is reaffirming the truth of the Holocaust rial Museum on the fourth floor and the testimony of Holocaust survivors and commending the work and mission you first walk in, there is a quote from and eyewitnesses. These touching ac- of the U.S. Holocaust Memorial Mu- President Eisenhower, then General Ei- counts are a bridge between the past seum. senhower, who said he wanted to wit- and the present. They serve as a stark I hope my colleagues also will join ness what went on after the camps reminder of the depths of inhumanity me in supporting legislation I am in- were liberated. he wanted to be there to which the human race can sink, and troducing today directing the U.S. Hol- himself so that if, generations later on, they keep the memory of the Holocaust ocaust Memorial Council to draft if there would be those people who victims and survivors alive in our model curricula that schools can use to would deny that such horrendous minds, so we can make certain that ensure that the truth and accuracy of things ever happened, he would be able tragedies of this proportion never the Holocaust is taught to, and remem- to bear witness that he say it with his again can occur on the face of the bered by, the generations to come. own two eyes. Earth. A half century ago, more than 8 mil- Mr. Speaker, the unspeakable atroc- In conclusion, I urge my colleagues lion people were deliberately, brutally, ities that went on in trying to annihi- to vote in support of House Resolution H3422 CONGRESSIONAL RECORD — HOUSE April 16, 1996 316, and I end my statement as I began, Mr. Speaker, what we are talking 6 million victims of the Holocaust and as a be repeating the words that should be about today, if you go back in history, center for the study, interpretation and presen- always remembered, and those words people did not believe that stories com- tation of Holocaust history. The museum uses are, ‘‘never again.’’ ing out of the death camps, stories that the historical record in its exhibits and out- Mr. LANTOS. Mr. Speaker, I yield were just almost too unspeakable to reach programs to counter the outrageous myself such time as I may consume. even think of and, therefore, people in charges by revisionist historians who attempt Mr. Speaker, it is important in dis- Europe chose to ignore them. to deny the occurrence of the Holocaust. The cussing this issue that we understand Mr. Speaker, let us today, as we re- Holocaust Museum leads the charge in fight- that the Holocaust did not begin with member the Holocaust and we cele- ing against ignorance, racism and anti-Semi- gas chambers. The Holocaust began brate the Holocaust Museum and the tism. with words of hate, with words of big- work that it is doing, let us never for- Every year, more than 2 million people trav- otry, with words of intolerance. And get those stories that came out of el to Washington to visit the Holocaust Mu- every time in our own time when we those death camps. Let us never forget seum. An overwhelming majority of these visi- are confronted with words of bigotry the faces of the men and women and tors travel more than 100 miles to do so. Tens and hate and intolerance, it is impor- children that were tortured and bru- of thousands of survivors, scholars, students, tant that we nip those manifestations tally murdered, many in those death members of the media and Government offi- of inhumanity in the bud, because, if camps. Let us not let people rewrite cials utilize the museum as a center for schol- allowed to flourish, they will lead to history, because if we allow them to re- arship and learning about the Holocaust and unspeakable acts of horror, such as the write history, history will indeed re- genocide. ones we have witnessed in the Holo- peat itself. The U.S. Holocaust Museum is truly a na- caust. Mr. LATOURETTE. Mr. Speaker, today on tional treasure. I am deeply honored to have Mr. Speaker, I reserve the balance of the House floor we are considering House this opportunity to highlight its outstanding my time. Resolution 316Ða measure deploring individ- work. Mr. ENSIGN. Mr. Speaker, I yield 2 uals who deny the historical significance of the Mr. MARTINI. Mr. Speaker, I rise today to minutes to the gentleman from Massa- Holocaust and commending the fine work of honor Yom HaShoah and remember the 6 mil- lion Jewish people who were killed in the Hol- chusetts [Mr. TORKILDSEN]. the U.S. Holocaust Memorial Museum. I rise in strong support of this measure, as ocaust. I also rise today to pledge my full sup- b 1400 it is important that we never forget or attempt port for House Resolution 316, a resolution Mr. TORKILDSEN. Mr. Speaker, I to diminish the historical significance of one of deploring individuals in the United States and rise in strong support of House Resolu- the most heinous chapters in historyÐthe Hol- abroad who deny the historical reality of the tion 316, a resolution deploring individ- ocaust. There are some who seek to revise Holocaust and commending the work of the uals who deny the historical reality of history, to alter it in such a way as to deny the Holocaust Museum. the Holocaust and also commending Holocaust. This is insulting to the memory of Last summer, I was fortunate to have been the work of the U.S. Holocaust Memo- the 6 million Jews who died in the Holocaust, afforded the opportunity to visit Israel as a rial Museum. Each year we observe and this type of destructive, divisive thinking member of a congressional delegation re- Yom HaShoah to say for the dead and should not be given credence. searching the tangible effects of the peace the living, we must bear witness. For In the 104th Congress I have had the honor process. My visit taught me a tremendous the dead and the living, we must bear of serving on the council of the U.S. Holocaust amount. Fortunately, we were given the oppor- witness that, in the darkest chapter in Memorial Museum. I would like to take this op- tunity to visit many historical landmarks in Is- human history, 6 million lives were portunity to praise the fine work of the mu- rael that are of particular importance to under- stolen from us forever, as was part of seum staff, from its director, Walter Reich, to standing the history of Judaism. This history the human spirit. its chairman, Miles Lerman, to Stan Turesky, could not be holistically understood without a This year’s remembrance sadly is Director of Congressional Relations. visit to Yad Vasheem. This memorial museum crystallized by recent tragedies and ac- The museum truly is an American and inter- to the victims of the Holocaust was both horri- national treasure and goes far beyond the tra- tions of terrorism in Israel, reminding fying and beautiful in an enlightening way. ditional purpose of a museum, which is to pre- all of us that hatred still lives and Horrifying in its intensity and in its truth and serve and record history. This museum com- breathes in the midst of all attempts to beautiful in its message. The message of re- pels its visitors to consider the moral and spir- forge peace. membrance is immortalized. My visit to Yad itual consequences of the Holocaust. It ac- The senseless assassination of Prime Vasheem still haunts me. complishes this by exposing the visitor to stark The Holocaust Memorial Museum in Wash- Minister Rabin and the terrorist bomb- and unsettling examples of hatred, heartbreak, ington, DC, is an equally monumental achieve- ings that claimed innocent lives only 6 and heroism. The stories of perpetrators, vic- ment made possible by the spirit of hope and weeks ago must serve as a source of tims, bystanders, rescuers and liberators remembrance. Similarly, this museum painfully strength and solidarity for all of us, confront the visitor and demand attention. By humanizes and chronicles the most cata- and renew our commitment to just and doing so, the museum forces us to learn im- clysmic event in Jewish history, as well as lasting peace. The cowardly perpetra- portant lessons about the Holocaust and our human history. tors of these acts must not succeed in everyday lives. The ShoahÐHolocaustÐwas a genocide their aim to divide us and in their at- On this Day of Remembrance of the Holo- acted out on the international stage in the face tempts to assassinate peace as well as caustÐYom HaShoahÐwe as a nation should of apathy and often complicity. Six million people. rededicate ourselves and our commitment to Jewish people were killed. European Jewry Tragically, there are other present overcoming bigotry, hatred, and intolerance. ceased to exist on much of the Continent, and day reminders of the Holocaust. Ethnic We should condemn those who want to dis- wounds have been left around the world that cleansing and the slaughter in Rwanda miss the Holocaust, and embrace the efforts will never heal. continue to serve as proof that we of those who rightly believe that we as a na- It is my hope that today the world will re- must never forget. tion can learn from the Holocaust experience member the suffering of so many innocent The beauty of Yom HaShoah is that and ensure that it will never again be re- people. Further, it is my hope that the per- it is universal. The lessons of the Holo- peated. petrators of evil and the proponents of ethnic caust are for all of us in the human Mr. MANZULLO. Mr. Speaker, I am honored purity achieved through genocide will look to family to learn, to understand, and to to have this opportunity to rise in support of the lessons that history has taught us and re- instill in others, for us to earnestly say House Resolution 316, a bill that deplores in- alize that their goal will not be looked upon ‘‘never again.’’ We must every day con- dividuals in the United States and abroad who with complicity and their efforts will be futile. tinue to remember. For the dead and deny the historical reality of the Holocaust, The history of the Holocaust is not a lie. the living, we must bear witness. and commends the crucial, ongoing work of The message that we must impart on our Shalom. the U.S. Holocaust Memorial Museum. This children and ourselves is one of tolerance and Mr. LANTOS. Mr. Speaker, I have no important piece of legislation coincides with remembrance. We must teach our children of further requests for time, and I yield the 1996 Days of Remembrance which will be the past and assure that such a heinous act back the balance of my time. held in the Capitol rotunda today. never occurs on this Earth again. And in the Mr. ENSIGN. Mr. Speaker, I yield In 1980, Congress established the U.S. Hol- end, let us remember death but focus our vi- myself such time as I may consume. ocaust Museum to serve as a memorial to the sion on life and the growth of Jewish culture. April 16, 1996 CONGRESSIONAL RECORD — HOUSE H3423 Mr. ENSIGN. Mr. Speaker, I urge the The Clerk read as follows: TITLE I—DEFENSE AND SECURITY adoption of this resolution, and I yield H.R. 3121 ASSISTANCE CHAPTER 1—MILITARY AND RELATED back the balance of my time. Be it enacted by the Senate and House of Rep- ASSISTANCE The SPEAKER pro tempore (Mr. resentatives of the United States of America in CAMP). The question is on the motion Congress assembled, SEC. 101. TERMS OF LOANS UNDER THE FOREIGN offered by the gentleman from Nevada MILITARY FINANCING PROGRAM. SECTION 1. TABLE OF CONTENTS. Section 31(c) of the Arms Export Control [Mr. ENSIGN] that the House suspend The table of contents of this Act is as fol- Act (22 U.S.C. 2771(c)) is amended to read as the rules and agree to the resolution, lows: follows: House Resolution 316. Sec. 1. Table of contents. ‘‘(c) Loans available under section 23 shall The question was taken. TITLE I—DEFENSE AND SECURITY be provided at rates of interest that are not Mr. LANTOS. Mr. Speaker, on that I ASSISTANCE less than the current average market yield demand the yeas and nays. on outstanding marketable obligations of The yeas and nays were ordered. CHAPTER 1—MILITARY AND RELATED the United States of comparable matu- ASSISTANCE The SPEAKER pro tempore. Pursu- rities.’’. ant to clause 5, rule I, and the Chair’s Sec. 101. Terms of loans under the Foreign SEC. 102. ADDITIONAL REQUIREMENTS UNDER prior announcement, further proceed- Military Financing program. THE FOREIGN MILITARY FINANCING Sec. 102. Additional requirements under the PROGRAM. ings on this motion will be postponed. Foreign Military Financing (a) AUDIT OF CERTAIN PRIVATE FIRMS.—Sec- f program. tion 23 of the Arms Export Control Act (22 U.S.C. 2763) is amended by adding at the end INDIAN SELF-DETERMINATION Sec. 103. Drawdown special authorities. Sec. 104. Transfer of excess defense articles. the following new subsection: AND EDUCATION ASSISTANCE ‘‘(f) For each fiscal year, the Secretary of Sec. 105. Excess defense articles for certain Defense, as requested by the Director of the ACT AMENDMENTS European countries. Mr. ENSIGN. Mr. Speaker, I ask Defense Security Assistance Agency, shall CHAPTER 2—INTERNATIONAL MILITARY conduct audits on a nonreimbursable basis of unanimous consent for the immediate EDUCATION AND TRAINING private firms that have entered into con- consideration of the bill (H.R. 3034), to Sec. 111. Assistance for Indonesia. tracts with foreign governments under which amend the Indian Self-Determination Sec. 112. Additional requirements. defense articles, defense services, or design and Education Assistance Act to ex- and construction services are to be procured CHAPTER 3—ANTITERRORISM ASSISTANCE tend for 2 months the authority for by such firms for such governments from fi- promulgating regulations under the Sec. 121. Antiterrorism training assistance. nancing under this section.’’. act. Sec. 122. Research and development ex- (b) NOTIFICATION REQUIREMENT WITH RE- penses. The Clerk read the title of the bill. SPECT TO CASH FLOW FINANCING.—Section 23 CHAPTER 4—NARCOTICS CONTROL ASSISTANCE of such Act (22 U.S.C. 2763), as amended by The SPEAKER pro tempore. Is there this Act, is further amended by adding at the Sec. 131. Additional requirements. objection to the consideration of the end the following new subsection: gentleman from Nevada? Sec. 132. Notification requirement. ‘‘(g)(1) For each country and international There was no objection. Sec. 133. Waiver of restrictions for narcot- organization that has been approved for cash The Clerk read the bill, as follows: ics-related economic assist- flow financing under this section, any letter ance. H.R. 3034 of offer and acceptance or other purchase CHAPTER 5—OTHER PROVISIONS agreement, or any amendment thereto, for a Be it enacted by the Senate and House of Rep- Sec. 141. Standardization of congressional procurement of defense articles, defense resentatives of the United States of America in services, or design and construction services Congress assembled, review procedures for arms transfers. in excess of $100,000,000 that is to be financed SECTION 1. EXTENSION OF AUTHORITY TO PRO- in whole or in part with funds made avail- MULGATE REGULATIONS. Sec. 142. Standardization of third country transfers of defense articles. able under this Act or the Foreign Assist- Section 107(a)(2)(B) of the Indian Self-De- ance Act of 1961 shall be submitted to the Sec. 143. Increased standardization, ration- termination and Education Assistance Act congressional committees specified in sec- alization, and interoperability (25 U.S.C. 450k(a)(2)(B)) is amended by strik- tion 634A(a) of the Foreign Assistance Act of of assistance and sales pro- ing ‘‘18 months’’ and inserting ‘‘20 months’’. 1961 in accordance with the procedures appli- grams. cable to reprogramming notifications under The bill was ordered to be engrossed Sec. 144. Definition of significant military that section. and read a third time, was read the equipment. ‘‘(2) For purposes of this subsection, the third time, and passed, and a motion to Sec. 145. Elimination of annual reporting re- reconsider was laid on the table. term ‘cash flow financing’ has the meaning quirement relating to the Spe- given such term in the second subsection (d) f cial Defense Acquisition Fund. of section 25.’’. Sec. 146. Cost of leased defense articles that GENERAL LEAVE (c) LIMITATIONS ON USE OF FUNDS FOR DI- have been lost or destroyed. RECT COMMERCIAL CONTRACTS.—Section 23 of Mr. ENSIGN. Mr. Speaker, I ask Sec. 147. Designation of major non-NATO al- such Act (22 U.S.C. 2763), as amended by this unanimous consent that all Members lies. Act, is further amended by adding at the end may have 5 legislative days within Sec. 148. Certification thresholds. the following new subsection: which to revise and extend their re- Sec. 149. Depleted uranium ammunition. ‘‘(h) Of the amounts made available for a Sec. 150. End-use monitoring of defense arti- marks and include extraneous material fiscal year to carry out this section, not cles and defense services. more than $100,000,000 for such fiscal year on House Resolution 316. Sec. 151. Brokering activities relating to may be made available for countries other The SPEAKER pro tempore. Is there commercial sales of defense ar- than Israel and Egypt for the purpose of fi- objection to the request of the gen- ticles and services. nancing the procurement of defense articles, tleman from Nevada? Sec. 152. Return and exchanges of defense defense services, and design and construction There was no objection. articles previously transferred services that are not sold by the United f pursuant to the arms export States Government under this Act.’’. control act. (d) ANNUAL ESTIMATE AND JUSTIFICATION AMENDING FOREIGN ASSISTANCE Sec. 153. National security interest deter- FOR SALES PROGRAM.—Section 25(a) of such ACT OF 1961 AND ARMS EXPORT mination to waive reimburse- Act (22 U.S.C. 2765(a)) is amended— CONTROL ACT ment of depreciation for leased (1) by striking the ‘‘and’’ at the end of defense articles. paragraph (11); Mr. GILMAN. Mr. Speaker, I move to Sec. 154. Eligibility of Panama under Arms (2) by redesignating paragraph (12) as para- suspend the rules and pass the bill Export Control Act. graph (13); and (3) by inserting after paragraph (11) the fol- (H.R. 3121) to amend the Foreign As- TITLE II—TRANSFER OF NAVAL VES- lowing new paragraph: sistance Act of 1961 and the Arms Ex- SELS TO CERTAIN FOREIGN COUN- ‘‘(12)(A) a detailed accounting of all arti- port Control Act to make improve- TRIES ments to certain defense and security cles, services, credits, guarantees, or any Sec. 201. Authority to transfer naval vessels. other form of assistance furnished by the assistance provisions under those acts, Sec. 202. Costs of transfers. United States to each country and inter- to authorize the transfer of naval ves- Sec. 203. Expiration of authority. national organization, including payments sels to certain foreign countries, and Sec. 204. Repair and refurbishment of vessels to the United Nations, during the preceding for other purposes, as amended. in United States shipyards. fiscal year for the detection and clearance of H3424 CONGRESSIONAL RECORD — HOUSE April 16, 1996 landmines, including activities relating to ‘‘SEC. 516. AUTHORITY TO TRANSFER EXCESS DE- Control Act (22 U.S.C. 2763; relating to the the furnishing of education, training, and FENSE ARTICLES. Foreign Military Financing program) in the technical assistance for the detection and ‘‘(a) AUTHORIZATION.—The President is au- fiscal year in which the transportation is clearance of landmines; and thorized to transfer excess defense articles provided; ‘‘(B) for each provision of law making under this section to countries for which re- ‘‘(C) the total weight of the transfer does funds available or authorizing appropriations ceipt of such articles was justified pursuant not exceed 25,000 pounds; and for demining activities described in subpara- to the annual congressional presentation ‘‘(D) such transportation is accomplished graph (A), an analysis and description of the documents for military assistance programs, on a space available basis. objectives and activities undertaken during or for programs under chapter 8 of part I of ‘‘(f) ADVANCE NOTIFICATION TO CONGRESS the preceding fiscal year, including the num- this Act, submitted under section 634 of this FOR TRANSFER OF CERTAIN EXCESS DEFENSE ber of personnel involved in performing such Act, or for which receipt of such articles was ARTICLES.— activities; and’’. separately justified to the Congress, for the ‘‘(1) IN GENERAL.—The President may not SEC. 103. DRAWDOWN SPECIAL AUTHORITIES. fiscal year in which the transfer is author- transfer excess defense articles that are sig- (a) UNFORESEEN EMERGENCY DRAWDOWN.— ized. nificant military equipment (as defined in Section 506(a)(1) of the Foreign Assistance ‘‘(b) LIMITATIONS ON TRANSFERS.—The section 47(9) of the Arms Export Control Act) Act of 1961 (22 U.S.C. 2318(a)(1)) is amended President may transfer excess defense arti- or excess defense articles valued (in terms of by striking ‘‘$75,000,000’’ and inserting cles under this section only if— original acquisition cost) at $7,000,000 or ‘‘$100,000,000’’. ‘‘(1) such articles are drawn from existing more, under this section or under the Arms (b) ADDITIONAL DRAWDOWN.—Section 506 of stocks of the Department of Defense; Export Control Act (22 U.S.C. 2751 et seq.) such Act (22 U.S.C. 2318) is amended— ‘‘(2) funds available to the Department of until 15 days after the date on which the (1) in subsection (a)(2)(A), by striking ‘‘de- Defense for the procurement of defense President has provided notice of the pro- fense articles from the stocks’’ and all that equipment are not expended in connection posed transfer to the congressional commit- follows and inserting the following: ‘‘articles with the transfer; tees specified in section 634A(a) in accord- and services from the inventory and re- ‘‘(3) the transfer of such articles will not ance with procedures applicable to sources of any agency of the United States have an adverse impact on the military read- reprogramming notifications under that sec- Government and military education and iness of the United States; tion. training from the Department of Defense, ‘‘(4) with respect to a proposed transfer of ‘‘(2) CONTENTS.—Such notification shall in- the President may direct the drawdown of such articles on a grant basis, such a trans- clude— such articles, services, and military edu- fer is preferable to a transfer on a sales ‘‘(A) a statement outlining the purposes cation and training— basis, after taking into account the potential for which the article is being provided to the ‘‘(i) for the purposes and under the authori- proceeds from, and likelihood of, such sales, country, including whether such article has ties of— and the comparative foreign policy benefits been previously provided to such country; ‘‘(I) chapter 8 of part I (relating to inter- that may accrue to the United States as the ‘‘(B) an assessment of the impact of the national narcotics control assistance); result of a transfer on either a grant or sales transfer on the military readiness of the ‘‘(II) chapter 9 of part I (relating to inter- basis; United States; national disaster assistance); or ‘‘(5) the President determines that the ‘‘(C) an assessment of the impact of the ‘‘(III) the Migration and Refugee Assist- transfer of such articles will not have an ad- transfer on the national technology and in- ance Act of 1962; or verse impact on the national technology and dustrial base and, particularly, the impact ‘‘(ii) for the purpose of providing such arti- industrial base and, particularly, will not re- on opportunities of entities in the national cles, services, and military education and duce the opportunities of entities in the na- technology and industrial base to sell new or training to Vietnam, Cambodia, and Laos as tional technology and industrial base to sell used equipment to the countries to which the President determines are necessary— new or used equipment to the countries to such articles are to be transferred; and ‘‘(I) to support cooperative efforts to locate which such articles are transferred; and ‘‘(D) a statement describing the current and repatriate members of the United States ‘‘(6) the transfer of such articles is consist- value of such article and the value of such Armed Forces and civilians employed di- ent with the policy framework for the East- article at acquisition. rectly or indirectly by the United States ern Mediterranean established under section ‘‘(g) AGGREGATE ANNUAL LIMITATION.— Government who remain unaccounted for 620C of this Act. ‘‘(1) IN GENERAL.—The aggregate value of from the Vietnam War; and ‘‘(c) TERMS OF TRANSFERS.— excess defense articles transferred to coun- ‘‘(II) to ensure the safety of United States ‘‘(1) NO COST TO RECIPIENT COUNTRY.—Ex- tries under this section in any fiscal year Government personnel engaged in such coop- cess defense articles may be transferred may not exceed $350,000,000. erative efforts and to support Department of under this section without cost to the recipi- ‘‘(2) EFFECTIVE DATE.—The limitation con- Defense-sponsored humanitarian projects as- ent country. tained in paragraph (1) shall apply only with sociated with such efforts.’’; ‘‘(2) PRIORITY.—Notwithstanding any other respect to fiscal years beginning after fiscal (2) in subsection (a)(2)(B), by striking provision of law, the delivery of excess de- year 1996. ‘‘$75,000,000’’ and all that follows and insert- fense articles under this section to member ‘‘(h) CONGRESSIONAL PRESENTATION DOCU- ing ‘‘$150,000,000 in any fiscal year of such ar- countries of the North Atlantic Treaty Orga- MENTS.—Documents described in subsection ticles, services, and military education and nization (NATO) on the southern and south- (a) justifying the transfer of excess defense training may be provided pursuant to sub- eastern flank of NATO and to major non- articles shall include an explanation of the paragraph (A) of this paragraph— NATO allies on such southern and southeast- general purposes of providing excess defense ‘‘(i) not more than $75,000,000 of which may ern flank shall be given priority to the maxi- articles as well as a table which provides an be provided from the drawdown from the in- mum extent feasible over the delivery of aggregate annual total of transfers of excess ventory and resources of the Department of such excess defense articles to other coun- defense articles in the preceding year by Defense; tries. country in terms of offers and actual deliv- ‘‘(ii) not more than $75,000,000 of which ‘‘(d) WAIVER OF REQUIREMENT FOR REIM- eries and in terms of acquisition cost and may be provided pursuant to clause (i)(I) of BURSEMENT OF DEPARTMENT OF DEFENSE EX- current value. Such table shall indicate such subparagraph; and PENSES.—Section 632(d) shall not apply with whether such excess defense articles were ‘‘(iii) not more than $15,000,000 of which respect to transfers of excess defense articles provided on a grant or sale basis. may be provided to Vietnam, Cambodia, and (including transportation and related costs) ‘‘(i) EXCESS COAST GUARD PROPERTY.—For Laos pursuant to clause (ii) of such subpara- under this section. purposes of this section, the term ‘excess de- graph.’’; and ‘‘(e) TRANSPORTATION AND RELATED fense articles’ shall be deemed to include ex- (3) in subsection (b)(1), by adding at the COSTS.— cess property of the Coast Guard, and the end the following: ‘‘In the case of drawdowns ‘‘(1) IN GENERAL.—Except as provided in term ‘Department of Defense’ shall be authorized by subclauses (I) and (III) of sub- paragraph (2), funds available to the Depart- deemed, with respect to such excess prop- section (a)(2)(A)(i), notifications shall be pro- ment of Defense may not be expended for erty, to include the Coast Guard.’’. vided to those committees at least 15 days in crating, packing, handling, and transpor- (b) CONFORMING AMENDMENTS.— advance of the drawdowns in accordance tation of excess defense articles transferred (1) ARMS EXPORT CONTROL ACT.—Section with the procedures applicable to under the authority of this section. 21(k) of the Arms Export Control Act (22 reprogramming notifications under section ‘‘(2) EXCEPTION.—The President may pro- U.S.C. 2761(k)) is amended by striking ‘‘the 634A.’’. vide for the transportation of excess defense President shall’’ and all that follows and in- (c) NOTICE TO CONGRESS OF EXERCISE OF articles without charge to a country for the serting the following: ‘‘the President shall SPECIAL AUTHORITIES.—Section 652 of such costs of such transportation if— determine that the sale of such articles will Act (22 U.S.C. 2411) is amended by striking ‘‘(A) it is determined that it is in the na- not have an adverse impact on the national ‘‘prior to the date’’ and inserting ‘‘before’’. tional interest of the United States to do so; technology and industrial base and, particu- SEC. 104. TRANSFER OF EXCESS DEFENSE ARTI- ‘‘(B) the recipient is a developing country larly, will not reduce the opportunities of en- CLES. receiving less than $10,000,000 of assistance tities in the national technology and indus- (a) IN GENERAL.—Section 516 of the Foreign under chapter 5 of part II of this Act (relat- trial base to sell new or used equipment to Assistance Act of 1961 (22 U.S.C. 2321j) is ing to international military education and the countries to which such articles are amended to read as follows: training) or section 23 of the Arms Export transferred.’’. April 16, 1996 CONGRESSIONAL RECORD — HOUSE H3425

(2) REPEALS.—The following provisions of Export Control Act (22 U.S.C. 2761) is amend- money laundering, and corruption, endanger law are hereby repealed: ed by inserting ‘‘or to any high-income for- political and economic stability and demo- (A) Section 502A of the Foreign Assistance eign country (as described in that chapter)’’ cratic development, and assistance for the Act of 1961 (22 U.S.C. 2303). after ‘‘Foreign Assistance Act of 1961’’. prevention and suppression of international (B) Sections 517 through 520 of the Foreign CHAPTER 3—ANTITERRORISM criminal activities should be a priority for Assistance Act of 1961 (22 U.S.C. 2321k ASSISTANCE the United States.’’; and through 2321n). (2) in paragraph (4), by adding before the (C) Section 31(d) of the Arms Export Con- SEC. 121. ANTITERRORISM TRAINING ASSIST- period at the end the following: ‘‘, or for ANCE. trol Act (22 U.S.C. 2771(d)). other anticrime purposes’’. (a) IN GENERAL.—Section 571 of the Foreign (b) CONTRIBUTIONS AND REIMBURSEMENT.— SEC. 105. EXCESS DEFENSE ARTICLES FOR CER- Assistance Act of 1961 (22 U.S.C. 2349aa) is TAIN EUROPEAN COUNTRIES. Section 482(c) of that Act (22 U.S.C. 2291a(c)) amended by striking ‘‘Subject to the provi- Notwithstanding section 516(e) of the For- is amended— sions of this chapter’’ and inserting ‘‘Not- eign Assistance Act of 1961, during each of (1) by striking ‘‘CONTRIBUTION BY RECIPIENT withstanding any other provision of law that the fiscal years 1996 and 1997, funds available COUNTRY.—To’’ and inserting ‘‘CONTRIBU- restricts assistance to foreign countries to the Department of Defense may be ex- TIONS AND REIMBURSEMENT.—(1) To’’; and (other than sections 502B and 620A of this pended for crating, packing, handling, and (2) by adding at the end the following new Act)’’. transportation of excess defense articles paragraphs: (b) LIMITATIONS.—Section 573 of such Act transferred under the authority of section ‘‘(2)(A) The President is authorized to ac- (22 U.S.C. 2349aa–2) is amended— 516 of such Act to countries that are eligible cept contributions from foreign governments (1) in the heading, by striking ‘‘SPECIFIC to participate in the Partnership for Peace to carry out the purposes of this chapter. AUTHORITIES AND’’; and that are eligible for assistance under the Such contributions shall be deposited as an (2) by striking subsection (a); Support for East European Democracy offsetting collection to the applicable appro- (3) by redesignating subsections (b) (SEED) Act of 1989. priation account and may be used under the through (f) as subsections (a) through (e), re- CHAPTER 2—INTERNATIONAL MILITARY same terms and conditions as funds appro- spectively; and EDUCATION AND TRAINING priated pursuant to this chapter. (4) in subsection (c) (as redesignated)— ‘‘(B) At the time of submission of the an- SEC. 111. ASSISTANCE FOR INDONESIA. (A) by striking paragraphs (1) and (2); nual congressional presentation documents Funds made available for fiscal years 1996 (B) by redesignating paragraphs (3) required by section 634(a), the President and 1997 to carry out chapter 5 of part II of through (5) as paragraphs (1) through (3), re- shall provide a detailed report on any con- the Foreign Assistance Act of 1961 (22 U.S.C. spectively; and tributions received in the preceding fiscal 2347 et seq.) may be obligated for Indonesia (C) by amending paragraph (2) (as redesig- only for expanded military and education year, the amount of such contributions, and nated) to read as follows: training that meets the requirements of the purposes for which such contributions ‘‘(2)(A) Except as provided in subparagraph clauses (i) through (iv) of the second sen- were used. (B), funds made available to carry out this tence of section 541 of such Act (22 U.S.C. ‘‘(3) The President is authorized to provide chapter shall not be made available for the 2347). assistance under this chapter on a reimburs- procurement of weapons and ammunition. able basis. Such reimbursements shall be de- SEC. 112. ADDITIONAL REQUIREMENTS. ‘‘(B) Subparagraph (A) shall not apply to (a) GENERAL AUTHORITY.—Section 541 of posited as an offsetting collection to the ap- small arms and ammunition in categories I the Foreign Assistance Act of 1961 (22 U.S.C. plicable appropriation and may be used and III of the United States Munitions List 2347) is amended in the second sentence in under the same terms and conditions as that are integrally and directly related to the matter preceding clause (i) by inserting funds appropriated pursuant to this chap- antiterrorism training provided under this ‘‘and individuals who are not members of the ter.’’. chapter if, at least 15 days before obligating government’’ after ‘‘legislators’’. (c) IMPLEMENTATION OF LAW ENFORCEMENT those funds, the President notifies the appro- (b) EXCHANGE TRAINING.—Section 544 of ASSISTANCE.—Section 482 of such Act (22 priate congressional committees specified in such Act (22 U.S.C. 2347c) is amended— U.S.C. 2291a) is amended by adding at the end section 634A of this Act in accordance with (1) by striking ‘‘In carrying out this chap- the following new subsections: the procedures applicable to reprogramming ter’’ and inserting ‘‘(a) In carrying out this ‘‘(f) TREATMENT OF FUNDS.—Funds trans- notifications under such section. chapter’’; and ferred to and consolidated with funds appro- ‘‘(C) The value (in terms of original acqui- (2) by adding at the end the following new priated pursuant to this chapter may be sition cost) of all equipment and commod- subsection: made available on such terms and conditions ities provided under this chapter in any fis- ‘‘(b) The President may provide for the at- as are applicable to funds appropriated pur- cal year may not exceed 25 percent of the tendance of foreign military and civilian de- suant to this chapter. Funds so transferred funds made available to carry out this chap- fense personnel at flight training schools and or consolidated shall be apportioned directly ter for that fiscal year.’’. programs (including test pilot schools) in the to the bureau within the Department of (c) ANNUAL REPORT.—Section 574 of such United States without charge, and without State responsible for administering this Act (22 U.S.C. 2349aa–3) is hereby repealed. charge to funds available to carry out this chapter. (d) TECHNICAL CORRECTIONS.—Section 575 chapter (notwithstanding section 632(d) of ‘‘(g) EXCESS PROPERTY.—For purposes of (22 U.S.C. 2349aa–4) and section 576 (22 U.S.C. this Act), if such attendance is pursuant to this chapter, the Secretary of State may use 2349aa–5) of such Act are redesignated as sec- an agreement providing for the exchange of the authority of section 608, without regard tions 574 and 575, respectively. students on a one-for-one basis each fiscal to the restrictions of such section, to receive year between those United States flight SEC. 122. RESEARCH AND DEVELOPMENT EX- nonlethal excess property from any agency training schools and programs (including PENSES. of the United States Government for the pur- test pilot schools) and comparable flight Funds made available for fiscal years 1996 pose of providing such property to a foreign training schools and programs of foreign and 1997 to carry out chapter 8 of part II of government under the same terms and condi- countries.’’. the Foreign Assistance Act of 1961 (22 U.S.C. tions as funds authorized to be appropriated (c) ASSISTANCE FOR CERTAIN HIGH-INCOME 2349aa et seq.; relating to antiterrorism as- for the purposes of this chapter.’’. FOREIGN COUNTRIES.— sistance) may be made available to the Tech- SEC. 132. NOTIFICATION REQUIREMENT. (1) AMENDMENT TO THE FOREIGN ASSISTANCE nical Support Working Group of the Depart- ACT OF 1961.—Chapter 5 of part II of such Act ment of State for research and development (a) IN GENERAL.—The authority of section (22 U.S.C. 2347 et seq.) is amended by adding expenses related to contraband detection 1003(d) of the National Narcotics Control at the end the following new section: technologies or for field demonstrations of Leadership Act of 1988 (21 U.S.C. 1502(d)) may ‘‘SEC. 546. PROHIBITION ON GRANT ASSISTANCE such technologies (whether such field dem- be exercised with respect to funds authorized FOR CERTAIN HIGH INCOME FOR- onstrations take place in the United States to be appropriated pursuant to the Foreign EIGN COUNTRIES. or outside the United States). Assistance Act of 1961 (22 U.S.C. 2151 et seq.) ‘‘(a) IN GENERAL.—None of the funds made and with respect to the personnel of the De- available for a fiscal year for assistance CHAPTER 4—NARCOTICS CONTROL partment of State only to the extent that under this chapter may be made available ASSISTANCE the appropriate congressional committees for assistance on a grant basis for any of the SEC. 131. ADDITIONAL REQUIREMENTS. have been notified 15 days in advance in ac- high-income foreign countries described in (a) POLICY AND GENERAL AUTHORITIES.— cordance with the reprogramming proce- subsection (b) for military education and Section 481(a) of the Foreign Assistance Act dures applicable under section 634A of that training of military and related civilian per- (22 U.S.C. 2291(a)) is amended— Act (22 U.S.C. 2394). sonnel of such country. (1) in paragraph (1)— (b) DEFINITION.—For purposes of this sec- ‘‘(b) HIGH-INCOME FOREIGN COUNTRIES DE- (A) by redesignating subparagraphs (D) tion, the term ‘‘appropriate congressional SCRIBED.—The high-income foreign countries through (F) as subparagraphs (E) through committees’’ means the Committee on Inter- described in this subsection are Austria, Fin- (G), respectively; and national Relations and the Committee on land, the Republic of Korea, Singapore, and (B) by inserting after subparagraph (C) the Appropriations of the House of Representa- Spain.’’. following new subparagraph: tives and the Committee on Foreign Rela- (2) AMENDMENT TO THE ARMS EXPORT CON- ‘‘(D) International criminal activities, par- tions and the Committee on Appropriations TROL ACT.—Section 21(a)(1)(C) of the Arms ticularly international narcotics trafficking, of the Senate. H3426 CONGRESSIONAL RECORD — HOUSE April 16, 1996 SEC. 133. WAIVER OF RESTRICTIONS FOR NAR- as the case may be, and of subparagraph (B)) (B), as the case may be, enacts a joint resolu- COTICS-RELATED ECONOMIC AS- the President shall set forth in the certifi- tion prohibiting such approval. SISTANCE. cation a detailed justification for his deter- ‘‘(5)(A) Any joint resolution under para- For each of the fiscal years 1996 and 1997, mination, including a description of the graph (4) shall be considered in the Senate in narcotics-related assistance under part I of emergency circumstances which necessitate accordance with the provisions of section the Foreign Assistance Act of 1961 (22 U.S.C. that consent to the proposed transfer become 601(b) of the International Security Assist- 2151 et seq.) may be provided notwithstand- effective immediately and a discussion of the ance and Arms Export Control Act of 1976. ing any other provision of law that restricts national security interests involved. ‘‘(B) For the purpose of expediting the con- assistance to foreign countries (other than ‘‘(B) Consent to a transfer subject to sub- sideration and enactment of joint resolu- section 490(e) or section 502B of that Act (22 paragraph (A) shall become effective after tions under paragraph (4), a motion to pro- U.S.C. 2291j(e) and 2304)) if, at least 15 days the end of the 15-day or 30-day period speci- ceed to the consideration of any such joint before obligating funds for such assistance, fied in subparagraph (A)(i) or (ii), as the case resolution after it has been reported by the the President notifies the appropriate con- may be, only if the Congress does not enact, appropriate committee shall be treated as gressional committees (as defined in section within that period, a joint resolution prohib- highly privileged in the House of Representa- 481(e) of that Act (22 U.S.C. 2291(e))) in ac- iting the proposed transfer. tives.’’. cordance with the procedures applicable to ‘‘(C)(i) Any joint resolution under this (e) GOVERNMENT-TO-GOVERNMENT LEASES.— reprogramming notifications under section paragraph shall be considered in the Senate (1) CONGRESSIONAL REVIEW PERIOD.—Sec- 634A of that Act (22 U.S.C. 2394). in accordance with the provisions of section tion 62 of such Act (22 U.S.C. 2796a) is amend- CHAPTER 5—OTHER PROVISIONS 601(b) of the International Security Assist- ed— ance and Arms Export Control Act of 1976. (A) in subsection (a), by striking ‘‘Not less SEC. 141. STANDARDIZATION OF CONGRES- than 30 days before’’ and inserting ‘‘Before’’; SIONAL REVIEW PROCEDURES FOR ‘‘(ii) For the purpose of expediting the con- ARMS TRANSFERS. sideration and enactment of joint resolu- (B) in subsection (b)— (i) by striking ‘‘determines, and imme- (a) THIRD COUNTRY TRANSFERS UNDER FMS tions under this paragraph, a motion to pro- diately reports to the Congress’’ and insert- SALES.—Section 3(d)(2) of the Arms Export ceed to the consideration of any such joint Control Act (22 U.S.C. 2753(d)(2)) is amend- resolution after it has been reported by the ing ‘‘states in his certification’’; and ed— appropriate committee shall be treated as (ii) by adding at the end of the subsection (1) in subparagraph (A), by striking ‘‘, as highly privileged in the House of Representa- the following: ‘‘If the President states in his provided for in sections 36(b)(2) and 36(b)(3) of tives.’’. certification that such an emergency exists, he shall set forth in the certification a de- this Act’’; (c) COMMERCIAL SALES.—Section 36(c)(2) of (2) in subparagraph (B), by striking ‘‘law’’ such Act (22 U.S.C. 2776(c)(2)) is amended by tailed justification for his determination, in- and inserting ‘‘joint resolution’’; and amending subparagraphs (A) and (B) to read cluding a description of the emergency cir- (3) by adding at the end the following: as follows: cumstances which necessitate that the lease ‘‘(C) If the President states in his certifi- ‘‘(A) in the case of a license for an export be entered into immediately and a discussion cation under subparagraph (A) or (B) that an to the North Atlantic Treaty Organization, of the national security interests involved.’’; emergency exists which requires that con- any member country of that Organization or and sent to the proposed transfer become effec- Australia, Japan, or New Zealand, shall not (C) by adding at the end of the section the tive immediately in the national security in- be issued until at least 15 calendar days after following: ‘‘(c) The certification required by sub- terests of the United States, thus waiving the Congress receives such certification, and section (a) shall be transmitted— the requirements of that subparagraph, the shall not be issued then if the Congress, ‘‘(1) not less than 15 calendar days before President shall set forth in the certification within that 15-day period, enacts a joint res- the agreement is entered into or renewed in a detailed justification for his determina- olution prohibiting the proposed export; and the case of an agreement with the North At- tion, including a description of the emer- ‘‘(B) in the case of any other license, shall lantic Treaty Organization, any member gency circumstances which necessitate im- not be issued until at least 30 calendar days country of that Organization or Australia, mediate consent to the transfer and a discus- after the Congress receives such certifi- Japan, or New Zealand; and sion of the national security interests in- cation, and shall not be issued then if the ‘‘(2) not less than 30 calendar days before volved. Congress, within that 30-day period, enacts a the agreement is entered into or renewed in ‘‘(D)(i) Any joint resolution under this joint resolution prohibiting the proposed ex- the case of an agreement with any other or- paragraph shall be considered in the Senate port.’’. ganization or country.’’. in accordance with the provisions of section (d) COMMERCIAL MANUFACTURING AGREE- (2) CONGRESSIONAL DISAPPROVAL.—Section 601(b) of the International Security Assist- MENTS.—Section 36(d) of such Act (22 U.S.C. 63(a) of such Act (22 U.S.C. 2796b(a)) is ance and Arms Export Control Act of 1976. 2776(d)) is amended— amended— ‘‘(ii) For the purpose of expediting the con- (1) by inserting ‘‘(1)’’ after ‘‘(d)’’; (A) by striking ‘‘(a)(1)’’ and inserting ‘‘(a)’’; sideration and enactment of joint resolu- (2) by striking ‘‘for or in a country not a (B) by striking out the ‘‘30 calendar days tions under this paragraph, a motion to pro- member of the North Atlantic Treaty Orga- after receiving the certification with respect ceed to the consideration of any such joint nization’’; and to that proposed agreement pursuant to sec- resolution after it has been reported by the (3) by adding at the end the following: tion 62(a),’’ and inserting in lieu thereof ‘‘the appropriate committee shall be treated as ‘‘(2) A certification under this subsection 15-day or 30-day period specified in section highly privileged in the House of Representa- shall be submitted— 62(c) (1) or (2), as the case may be,’’; and tives.’’. ‘‘(A) at least 15 days before approval is (C) by striking paragraph (2). (b) THIRD COUNTRY TRANSFERS UNDER COM- given in the case of an agreement for or in a (f) EFFECTIVE DATE.—The amendments MERCIAL SALES.—Section 3(d)(3) of such Act country which is a member of the North At- made by this section apply with respect to (22 U.S.C. 2753(d)(3)) is amended— lantic Treaty Organization or Australia, certifications required to be submitted on or (1) by inserting ‘‘(A)’’ after ‘‘(3)’’; Japan, or New Zealand; and after the date of the enactment of this Act. (2) in the first sentence— ‘‘(B) at least 30 days before approval is SEC. 142. STANDARDIZATION OF THIRD COUNTRY (A) by striking ‘‘at least 30 calendar days’’; given in the case of an agreement for or in TRANSFERS OF DEFENSE ARTICLES. and any other country; Section 3 of the Arms Export Control Act (B) by striking ‘‘report’’ and inserting unless the President states in his certifi- (22 U.S.C. 2753) is amended by inserting after ‘‘certification’’; and cation that an emergency exists which re- subsection (a) the following new subsection: (3) by striking the last sentence and insert- quires the immediate approval of the agree- ‘‘(b) The consent of the President under ing the following: ‘‘Such certification shall ment in the national security interests of paragraph (2) of subsection (a) or under para- be submitted— the United States. graph (1) of section 505(a) of the Foreign As- ‘‘(i) at least 15 calendar days before such ‘‘(3) If the President states in his certifi- sistance Act of 1961 (as it relates to subpara- consent is given in the case of a transfer to cation that an emergency exists which re- graph (B) of such paragraph) shall not be re- a country which is a member of the North quires the immediate approval of the agree- quired for the transfer by a foreign country Atlantic Treaty Organization or Australia, ment in the national security interests of or international organization of defense arti- Japan, or New Zealand; and the United States, thus waiving the require- cles sold by the United States under this Act ‘‘(ii) at least 30 calendar days before such ments of paragraph (4), he shall set forth in if— consent is given in the case of a transfer to the certification a detailed justification for ‘‘(1) such articles constitute components any other country, his determination, including a description of incorporated into foreign defense articles; unless the President states in his certifi- the emergency circumstances which neces- ‘‘(2) the recipient is the government of a cation that an emergency exists which re- sitate the immediate approval of the agree- member country of the North Atlantic Trea- quires that consent to the proposed transfer ment and a discussion of the national secu- ty Organization, the Government of Aus- become effective immediately in the na- rity interests involved. tralia, the Government of Japan, or the Gov- tional security interests of the United ‘‘(4) Approval for an agreement subject to ernment of New Zealand; States. If the President states in his certifi- paragraph (1) may not be given under section ‘‘(3) the recipient is not a country des- cation that such an emergency exists (thus 38 if the Congress, within the 15-day or 30- ignated under section 620A of the Foreign waiving the requirements of clause (i) or (ii), day period specified in paragraph (2)(A) or Assistance Act of 1961; April 16, 1996 CONGRESSIONAL RECORD — HOUSE H3427 ‘‘(4) the United States-origin components Arms Export Control Act (22 U.S.C. 2751 et President determines that to do so is in the are not— seq.); or national security interest of the United ‘‘(A) significant military equipment (as de- ‘‘(2) terminating such a designation. States.’’. fined in section 47(9)); ‘‘(b) INITIAL DESIGNATIONS.—Australia, SEC. 150. END-USE MONITORING OF DEFENSE AR- ‘‘(B) defense articles for which notification Egypt, Israel, Japan, the Republic of Korea, TICLES AND DEFENSE SERVICES. to Congress is required under section 36(b); and New Zealand shall be deemed to have (a) IN GENERAL.—The Arms Export Control and been so designated by the President as of the Act (22 U.S.C. 2751 et seq.) is amended by in- ‘‘(C) identified by regulation as Missile effective date of this section, and the Presi- serting after chapter 3 the following new Technology Control Regime items; and dent is not required to notify the Congress of chapter: ‘‘(5) the foreign country or international such designation of those countries.’’. ‘‘CHAPTER 3A—END-USE MONITORING OF organization provides notification of the (2) DEFINITION.—Section 644 of such Act (22 DEFENSE ARTICLES AND DEFENSE transfer of the defense articles to the United U.S.C. 2403) is amended by adding at the end SERVICES States Government not later than 30 days the following: ‘‘SEC. 40A. END-USE MONITORING OF DEFENSE after the date of such transfer.’’. ‘‘(q) ‘Major non-NATO ally’ means a coun- ARTICLES AND DEFENSE SERVICES. SEC. 143. INCREASED STANDARDIZATION, RA- try which is designated in accordance with ‘‘(a) ESTABLISHMENT OF MONITORING PRO- TIONALIZATION, AND INTEROPER- section 517 as a major non-NATO ally for GRAM.— ABILITY OF ASSISTANCE AND SALES purposes of this Act and the Arms Export ‘‘(1) IN GENERAL.—In order to improve ac- PROGRAMS. Control Act (22 U.S.C. 2751 et seq.).’’. countability with respect to defense articles Paragraph (6) of section 515(a) of the For- (3) EXISTING DEFINITIONS.—(A) The last sen- and defense services sold, leased, or exported eign Assistance Act of 1961 (22 U.S.C. tence of section 21(g) of the Arms Export under this Act or the Foreign Assistance Act 2321i(a)(6)) is amended by striking ‘‘among Control Act (22 U.S.C. 2761(g)) is repealed. of 1961 (22 U.S.C. 2151 et seq.), the President members of the North Atlantic Treaty Orga- (B) Section 65(d) of such Act (22 U.S.C. shall establish a program which provides for nization and with the Armed Forces of 2796d(d)) is amended— the end-use monitoring of such articles and Japan, Australia, and New Zealand’’. (i) by striking ‘‘or major non-NATO’’; and services. SEC. 144. DEFINITION OF SIGNIFICANT MILITARY (ii) by striking out ‘‘or a’’ and all that fol- ‘‘(2) REQUIREMENTS OF PROGRAM.—To the EQUIPMENT. lows through ‘‘Code’’. extent practicable, such program— Section 47 of the Arms Export Control Act (b) COOPERATIVE TRAINING AGREEMENTS.— ‘‘(A) shall provide for the end-use monitor- (22 U.S.C. 2794) is amended— Section 21(g) of the Arms Export Control Act ing of defense articles and defense services in (1) in paragraph (7), by striking ‘‘and’’ at (22 U.S.C. 2761(g)) is amended in the first sen- accordance with the standards that apply for the end; tence by striking ‘‘similar agreements’’ and identifying high-risk exports for regular end- (2) in paragraph (8), by striking the period all that follows through ‘‘other countries’’ use verification developed under section at the end and inserting ‘‘; and’’; and and inserting ‘‘similar agreements with 38(g)(7) of this Act (commonly referred to as (3) by adding at the end the following new countries’’. the ‘Blue Lantern’ program); and paragraph: SEC. 148. CERTIFICATION THRESHOLDS. ‘‘(B) shall be designed to provide reason- ‘‘(9) ‘significant military equipment’ (a) INCREASE IN DOLLAR THRESHOLDS.—The able assurance that— means articles— Arms Export Control Act (22 U.S.C. 2751 et ‘‘(i) the recipient is complying with the re- ‘‘(A) for which special export controls are seq.) is amended— quirements imposed by the United States warranted because of the capacity of such ar- (1) in section 3(d) (22 U.S.C. 2753(d))— Government with respect to use, transfers, ticles for substantial military utility or ca- (A) in paragraphs (1) and (3), by striking and security of defense articles and defense pability; and ‘‘$14,000,000’’ each place it appears and insert- services; and ‘‘(B) identified on the United States Muni- ing ‘‘$25,000,000’’; and ‘‘(ii) such articles and services are being tions List.’’. (B) in paragraphs (1) and (3), by striking used for the purposes for which they are pro- SEC. 145. ELIMINATION OF ANNUAL REPORTING ‘‘$50,000,000’’ each place it appears and insert- vided. ‘‘(b) CONDUCT OF PROGRAM.—In carrying REQUIREMENT RELATING TO THE ing ‘‘$75,000,000’’; out the program established under sub- SPECIAL DEFENSE ACQUISITION (2) in section 36 (22 U.S.C. 2776)— FUND. section (a), the President shall ensure that (A) in subsections (b)(1), (b)(5)(C), and (a) IN GENERAL.—Section 53 of the Arms the program— Export Control Act (22 U.S.C. 2795b) is hereby (c)(1), by striking ‘‘$14,000,000’’ each place it ‘‘(1) provides for the end-use verification of repealed. appears and inserting ‘‘$25,000,000’’; defense articles and defense services that in- (B) in subsections (b)(1), (b)(5)(C), and (b) CONFORMING AMENDMENT.—Section corporate sensitive technology, defense arti- 51(a)(4) of such Act (22 U.S.C. 2795(a)(4)) is (c)(1), by striking ‘‘$50,000,000’’ each place it cles and defense services that are particu- amended— appears and inserting ‘‘$75,000,000’’; and larly vulnerable to diversion or other mis- (1) by striking ‘‘(a)’’; and (C) in subsections (b)(1) and (b)(5)(C), by use, or defense articles or defense services (2) by striking subparagraph (B). striking ‘‘$200,000,000’’ each place it appears whose diversion or other misuse could have and inserting ‘‘$300,000,000’’; and SEC. 146. COST OF LEASED DEFENSE ARTICLES significant consequences; and THAT HAVE BEEN LOST OR DE- (3) in section 63(a) (22 U.S.C. 2796b(a))— ‘‘(2) prevents the diversion (through re- STROYED. (A) by striking ‘‘$14,000,000’’ and inserting verse engineering or other means) of tech- Section 61(a)(4) of the Arms Export Control ‘‘$25,000,000’’; and nology incorporated in defense articles. Act (22 U.S.C. 2796(a)(4)) is amended by strik- (B) by striking ‘‘$50,000,000’’ and inserting ‘‘(c) REPORT TO CONGRESS.—Not later than ing ‘‘and the replacement cost’’ and all that ‘‘$75,000,000’’. 6 months after the date of the enactment of follows and inserting the following: ‘‘and, if (b) EFFECTIVE DATE.—The amendments this section, and annually thereafter as a the articles are lost or destroyed while made by subsection (a) apply with respect to part of the annual congressional presen- leased— certifications submitted on or after the date tation documents submitted under section ‘‘(A) in the event the United States intends of the enactment of this Act. 634 of the Foreign Assistance Act of 1961, the to replace the articles SEC. 149. DEPLETED URANIUM AMMUNITION. President shall transmit to the Congress a lost or destroyed, the replacement cost (less Chapter 1 of part III of the Foreign Assist- report describing the actions taken to imple- any depreciation in the value) of the articles; ance Act of 1961 (22 U.S.C. 2370 et seq.), as ment this section, including a detailed ac- or amended by this Act, is further amended by counting of the costs and number of person- ‘‘(B) in the event the United States does adding at the end the following new section: nel associated with the monitoring program. not intend to replace the articles lost or de- ‘‘SEC. 620G. DEPLETED URANIUM AMMUNITION. ‘‘(d) THIRD COUNTRY TRANSFERS.—For pur- poses of this section, defense articles and de- stroyed, an amount not less than the actual ‘‘(a) PROHIBITION.—Except as provided in fense services sold, leased, or exported under value (less any depreciation in the value) subsection (b), none of the funds made avail- this Act or the Foreign Assistance Act of specified in the lease agreement.’’. able to carry out this Act or any other Act 1961 (22 U.S.C. 2151 et seq.) includes defense may be made available to facilitate in any SEC. 147. DESIGNATION OF MAJOR NON-NATO AL- articles and defense services that are trans- LIES. way the sale of M–833 antitank shells or any ferred to a third country or other third (a) DESIGNATION.— comparable antitank shells containing a de- party.’’. (1) NOTICE TO CONGRESS.—Chapter 2 of part pleted uranium penetrating component to (b) EFFECTIVE DATE.—Section 40A of the II of the Foreign Assistance Act of 1961 (22 any country other than— Arms Export Control Act, as added by sub- U.S.C. 2311 et seq.), as amended by this Act, ‘‘(1) a country that is a member of the section (a), applies with respect to defense is further amended by adding at the end the North Atlantic Treaty Organization; articles and defense services provided before following new section: ‘‘(2) a country that has been designated as or after the date of the enactment of this ‘‘SEC. 517. DESIGNATION OF MAJOR NON-NATO a major non-NATO ally (as defined in section Act. ALLIES. 644(q)); or SEC. 151. BROKERING ACTIVITIES RELATING TO ‘‘(a) NOTICE TO CONGRESS.—The President ‘‘(3) Taiwan. COMMERCIAL SALES OF DEFENSE shall notify the Congress in writing at least ‘‘(b) EXCEPTION.—The prohibition con- ARTICLES AND SERVICES. 30 days before— tained in subsection (a) shall not apply with (a) IN GENERAL.—Section 38(b)(1)(A) of the ‘‘(1) designating a country as a major non- respect to the use of funds to facilitate the Arms Export Control Act (22 U.S.C. NATO ally for purposes of this Act and the sale of antitank shells to a country if the 2778(b)(1)(A)) is amended— H3428 CONGRESSIONAL RECORD — HOUSE April 16, 1996 (1) in the first sentence, by striking ‘‘As ‘‘(ii) has available sufficient funds provided three-quarters of its normal service life’’; prescribed in regulations’’ and inserting ‘‘(i) by or on behalf of such other foreign govern- and As prescribed in regulations’’; and ment or international organization pursuant (2) by inserting after the second sentence (2) by adding at the end the following new to a letter of offer and acceptance imple- the following new sentence: ‘‘The President clause: mented in accordance with this Act. may waive the requirement of paragraph (4) ‘‘(ii)(I) As prescribed in regulations issued ‘‘(3) REQUIREMENT.—(A) The foreign gov- for reimbursement of depreciation for any under this section, every person (other than ernment or international organization re- defense article which has passed three-quar- an officer or employee of the United States ceiving a new or repaired defense article in ters of its normal service life if the President Government acting in official capacity) who exchange for a repairable defense article pur- determines that to do so is important to the engages in the business of brokering activi- suant to paragraph (1) shall, upon the ac- national security interest of the United ties with respect to the manufacture, export, ceptance by the United States Government States.’’. import, or transfer of any defense article or of the repairable defense article being re- (b) EFFECTIVE DATE.—The third sentence of defense service designated by the President turned, be charged the total cost associated section 61(a) of the Arms Export Control Act, under subsection (a)(1), or in the business of with the repair and replacement transaction. as added by subsection (a)(2), shall apply brokering activities with respect to the man- ‘‘(B) The total cost charged pursuant to only with respect to a defense article leased ufacture, export, import, or transfer of any subparagraph (A) shall be the same as that on or after the date of the enactment of this foreign defense article or defense service (as charged the United States Armed Forces for Act. defined in subclause (IV)), shall register with a similar repair and replacement trans- SEC. 154. ELIGIBILITY OF PANAMA UNDER ARMS the United States Government agency action, plus an administrative surcharge in EXPORT CONTROL ACT. charged with the administration of this sec- accordance with subsection (e)(1)(A) of this The Government of the Republic of Pan- tion, and shall pay a registration fee which section. ama shall be eligible to purchase defense ar- shall be prescribed by such regulations. ‘‘(4) RELATIONSHIP TO CERTAIN OTHER PROVI- ticles and defense services under the Arms ‘‘(II) Such brokering activities shall in- SIONS OF LAW.—The authority of the Presi- Export Control Act (22 U.S.C. 2751 et seq.), clude the financing, transportation, freight dent to accept the return of a repairable de- except as otherwise specifically provided by forwarding, or taking of any other action fense article as provided in subsection (a) law. that facilitates the manufacture, export, or shall not be subject to chapter 137 of title 10, TITLE II—TRANSFER OF NAVAL VESSELS import of a defense article or defense service. United States Code, or any other provision of TO CERTAIN FOREIGN COUNTRIES ‘‘(III) No person may engage in the busi- law relating to the conclusion of contracts.’’. SEC. 201. AUTHORITY TO TRANSFER NAVAL VES- ness of brokering activities described in (b) RETURN OF DEFENSE ARTICLES.—Section SELS. subclause (I) without a license, issued in ac- 21 of such Act (22 U.S.C. 2761), as amended by (a) EGYPT.—The Secretary of the Navy is cordance with this Act, except that no li- this Act, is further amended by adding at the authorized to transfer to the Government of cense shall be required for such activities un- end the following new subsection: Egypt the ‘‘OLIVER HAZARD PERRY dertaken by or for an agency of the United ‘‘(m) RETURN OF DEFENSE ARTICLES.— CLASS’’ frigate GALLERY. Such transfer States Government— ‘‘(1) IN GENERAL.—The President may ac- shall be on a sales basis under section 21 of ‘‘(aa) for use by an agency of the United cept the return of a defense article from a the Arms Export Control Act (22 U.S.C. 2761; States Government; or foreign country or international organiza- relating to the foreign military sales pro- ‘‘(bb) for carrying out any foreign assist- tion if such defense article— gram). ance or sales program authorized by law and ‘‘(A) previously was transferred to such (b) MEXICO.—The Secretary of the Navy is country or organization under this Act; subject to the control of the President by authorized to transfer to the Government of ‘‘(B) is not significant military equipment other means. Mexico the ‘‘KNOX’’ class frigates STEIN ‘‘(IV) For purposes of this clause, the term (as defined in section 47(9) of this Act); and (FF 1065) and MARVIN SHIELDS (FF 1066). ‘foreign defense article or defense service’ in- ‘‘(C) is in fully functioning condition with- Such transfers shall be on a sales basis under cludes any non-United States defense article out need of repair or rehabilitation. section 21 of the Arms Export Control Act (22 or defense service of a nature described on ‘‘(2) LIMITATION.—The President may exer- U.S.C. 2761; relating to the foreign military cise the authority provided in paragraph (1) the United States Munitions List regardless sales program). only to the extent that the Department of (c) NEW ZEALAND.—The Secretary of the of whether such article or service is of Unit- Defense— Navy is authorized to transfer to the Govern- ed States origin or whether such article or ‘‘(A)(i) has a requirement for the defense ment of New Zealand the ‘‘STALWART’’ service contains United States origin compo- article being returned; and class ocean surveillance ship TENACIOUS. nents.’’. ‘‘(ii) has available sufficient funds author- Such transfer shall be on a sales basis under (b) EFFECTIVE DATE.—Section 38(b)(1)(A)(ii) section 21 of the Arms Export Control Act (22 of the Arms Export Control Act, as added by ized and appropriated for such purpose; or ‘‘(B)(i) is accepting the return of the de- U.S.C. 2761; relating to the foreign military subsection (a), shall apply with respect to fense article for subsequent transfer to an- sales program). brokering activities engaged in beginning on other foreign government or international (d) PORTUGAL.—The Secretary of the Navy or after 120 days after the enactment of this organization pursuant to a letter of offer and is authorized to transfer to the Government Act. acceptance implemented in accordance with of Portugal the ‘‘STALWART’’ class ocean SEC. 152. RETURN AND EXCHANGES OF DEFENSE this Act; and surveillance ship AUDACIOUS. Such transfer ARTICLES PREVIOUSLY TRANS- ‘‘(ii) has available sufficient funds provided shall be on a grant basis under section 516 of FERRED PURSUANT TO THE ARMS the Foreign Assistance Act of 1961 (22 U.S.C. EXPORT CONTROL ACT. by or on behalf of such other foreign govern- ment or international organization pursuant 2321j; relating to transfers of excess defense (a) REPAIR OF DEFENSE ARTICLES.—Section articles). 21 of the Arms Export Control Act (22 U.S.C. to a letter of offer and acceptance imple- mented in accordance with this Act. (e) TAIWAN.—The Secretary of the Navy is 2761) is amended by adding at the end the fol- authorized to transfer to the Taipei Eco- ‘‘(3) CREDIT FOR TRANSACTION.—Upon acqui- lowing new subsection: nomic and Cultural Representative Office in ‘‘(l) REPAIR OF DEFENSE ARTICLES.— sition and acceptance by the United States Government of a defense article under para- the United States (which is the Taiwan in- ‘‘(1) IN GENERAL.—The President may ac- strumentality designated pursuant to sec- quire a repairable defense article from a for- graph (1), the appropriate Foreign Military Sales account of the provider shall be cred- tion 10(a) of the Taiwan Relations Act) the eign country or international organization if following: ited to reflect the transaction. such defense article— (1) The ‘‘KNOX’’ class frigates AYLWIN ‘‘(4) RELATIONSHIP TO CERTAIN OTHER PROVI- ‘‘(A) previously was transferred to such (FF 1081), PHARRIS (FF 1094), and VALDEZ country or organization under this Act; SIONS OF LAW.—The authority of the Presi- dent to accept the return of a defense article (FF 1096). Such transfers shall be on a sales ‘‘(B) is not an end item; and basis under section 21 of the Arms Export ‘‘(C) will be exchanged for a defense article as provided in paragraph (1) shall not be sub- ject to chapter 137 of title 10, United States Control Act (22 U.S.C. 2761; relating to the of the same type that is in the stocks of the foreign military sales program). Department of Defense. Code, or any other provision of law relating to the conclusion of contracts.’’. (2) The ‘‘NEWPORT’’ class tank landing ‘‘(2) LIMITATION.—The President may exer- (c) REGULATIONS.—Under the direction of ship NEWPORT (LST 1179). Such transfer cise the authority provided in paragraph (1) the President, the Secretary of Defense shall shall be on a lease basis under section 61 of only to the extent that the Department of promulgate regulations to implement sub- the Arms Export Control Act (22 U.S.C. 2796). Defense— sections (l) and (m) of section 21 of the Arms (f) THAILAND.—The Secretary of the Navy ‘‘(A)(i) has a requirement for the defense Export Control Act, as added by this section. is authorized to transfer to the Government article being returned; and SEC. 153. NATIONAL SECURITY INTEREST DETER- of Thailand the ‘‘KNOX’’ class frigate ‘‘(ii) has available sufficient funds author- MINATION TO WAIVE REIMBURSE- OUELLET (FF 1077). Such transfer shall be ized and appropriated for such purpose; or MENT OF DEPRECIATION FOR on a sales basis under section 21 of the Arms ‘‘(B)(i) is accepting the return of the de- LEASED DEFENSE ARTICLES. Export Control Act (22 U.S.C. 2761; relating fense article for subsequent transfer to an- (a) IN GENERAL.—Section 61(a) of the Arms to the foreign military sales program). other foreign government or international Export Control Act (22 U.S.C. 2796(a)) is SEC. 202. COSTS OF TRANSFERS. organization pursuant to a letter of offer and amended— Any expense of the United States in con- acceptance implemented in accordance with (1) in the second sentence, by striking ‘‘, or nection with a transfer authorized by this this Act; and to any defense article which has passed title shall be charged to the recipient. April 16, 1996 CONGRESSIONAL RECORD — HOUSE H3429 SEC. 203. EXPIRATION OF AUTHORITY. law authorizing language which has through the efforts of my colleagues The authority granted by section 201 shall been too long carried on annual appro- the needs of the Portuguese Navy have expire at the end of the 2-year period begin- priations measures. been in part accommodated. ning on the date of the enactment of this The purpose of title II of this bill is But I am severely disappointed that Act. to authorize the transfer of naval ves- this legislation continues a pattern of SEC. 204. REPAIR AND REFURBISHMENT OF VES- SELS IN UNITED STATES SHIPYARDS. sels to certain foreign nations pursuant rewarding the Government of Indo- The Secretary of the Navy shall require, to to the administration’s request of Jan- nesia, which continues to engage in the maximum extent possible, as a condition uary 29, 1996, Title II of this bill au- some of the most oppressive and racist of a transfer of a vessel under this title, that thorizes the transfer of 10 naval ves- activities in the world in their mal- the country to which the vessel is trans- sels, 8 sales, 1 by lease and 1 by grant, treatment of the people of East Timor. ferred have such repair or refurbishment of to the following nations: to Egypt, to Indonesia’s record in East Timor is one the vessel as is needed, before the vessel Mexico, to New Zealand, to Portugal, of the great moral failings in the joins the naval forces of that country, per- world, and unfortunately it is a further formed at a shipyard located in the United to Taiwan, and to Thailand. States, including a United States Navy ship- According to our Department of De- moral failing that the rest of the world yard. fense, the Chief of Naval Operations stands back and allows the people of The SPEAKER pro tempore. Pursu- has certified that these naval vessels East Timor to be so oppressed. I understand that this is military and ant to the rule, the gentleman from are not essential to the defense of our educational training. Theoretically New York [Mr. GILMAN] and the gen- own Nation. just for civilians, in ways it is supposed tleman from California [Mr. LANTOS] As detailed above, the United States to help. But you know when you are in will each be recognized for 20 minutes. plans to transfer eight naval vessels by East Timor being oppressed, when you The Chair recognizes the gentleman sale, pursuant to section 21 of the Arms are being killed or imprisoned by this from New York [Mr. GILMAN]. Export Control Act. One of the vessels Mr. GILMAN. Mr. Speaker, I yield will be transferred as a lease, pursuant brutal regime, the fact the people myself such time as I may consume. to chapter 6 of the Arms Export Con- doing the killing and the Indonesians (Mr. GILMAN asked and was given trol Act, and one of the vessels will be are a little better educated in civic val- permission to revise and extend his re- transferred as a grant pursuant to sec- ues than they otherwise might have marks.) tion 519 of the Foreign Assistance Act been is no consolation. I regret very Mr. GILMAN. Mr. Speaker, I am of 1961, as amended. much that this legislation continues pleased to bring this legislation to the The United States will incur no cost that practice. floor of the House at this time. for the transfer of the naval vessels Last year I offered an amendment to The purpose of title I of this bill is to under this legislation. The foreign re- strike from the foreign operations ap- amend authorities under the Foreign cipients will be responsible for all costs propriations bill all aid to Indonesia. Assistance Act of 1961, as amended, and associated with the transfer of the ves- The Committee on Rules did not allow the Arms Export Control Act to revise sels, including maintenance, repairs, it. I want to announce now that I and and consolidate defense and security training and fleet turnover costs. Any others intend to insist this time on our right to at least vote on that. It is bad assistance authorities, in particular by expenses incurred in connection with enough that this Congress goes along updating policy and statutory authori- these transfers will be charged to the with rewarding the brutal actions of ties. foreign recipients. the Government of Indonesia, but to The genesis of this effort began near- Through the sale of these naval ves- deny us even a chance to vote for it im- ly 7 years ago, with H.R. 2655, the sels, this legislation will generate $72 plicates our own procedures in that un- International Cooperation Act of 1989. million in revenue for the U.S. Treas- fortunate aspect, although obviously Subsequent legislation by the then ury. In addition, through repair and re- murder is a lot worse than our being Committee on Foreign Affairs, includ- activation work, through service con- able to vote. I am sorry it is not in- ing H.R. 2508, the International Co- tracts, ammunition sales, and savings cluded here, and I pledge we will do ev- operation Act of 1991, and later bills, generated from avoidance of storage erything we can to end the practice of continued our efforts to amend and up- and deactivation costs, our Navy esti- rewarding the Indonesian Government date these important authorities. mates that the legislation will gen- On June 8, 1995, the House of Rep- until and unless it stops its brutal- erate an additional $525 million in rev- ization of the people of East Timor. resentatives passed H.R. 1561, the enue for the U.S. Treasury and for pri- Mr. GILMAN. Mr. Speaker, I reserve American Overseas Interest Act of 1995, vate U.S. firms. the balance of my time. by a vote of 222 to 192. Title XXXI of di- I commend this bill to the House and Mr. LANTOS. Mr. Speaker, I am very vision C, the Foreign Aid Reduction I ask my colleagues for their support. pleased to yield 2 minutes to the gen- Act of 1995, was dedicated to defense Mr. Speaker, I reserve the balance of tleman from Rhode Island [Mr. KEN- and security assistance provisions. On my time. NEDY], my good friend and distin- March 12, 1996, the House agreed to the Mr. LANTOS. Mr. Speaker, I yield guished colleague. conference report on H.R. 1561 by a myself such time as I may consume. Mr. KENNEDY of Rhode Island. Mr. vote of 226 to 172. The conference re- Mr. Speaker, first I would like to Speaker, I would like to concur with port, though, did not include provisions commend the distinguished chairman my colleague from Massachusetts [Mr. from division C of the House-passed of our committee for his leadership on FRANK], in that this bill should not be bill. this bill and on so many other matters. on the Suspension Calendar as it re- This legislation, H.R. 3121, continues I rise in strong support of this resolu- lates to the inclusion of an enhance- the effort by our Committee on Inter- tion. ment for Indonesia for the same rea- national Relations to amend the For- Mr. Speaker, I yield 2 minutes to my sons my colleagues just spoke. eign Assistance Act and the Arms Ex- good friend and distinguished col- Indonesia has proven itself to be port Control Act to make improve- league, the gentleman from Massachu- someone with no respect and regard for ments to defense and security assist- setts [Mr. FRANK]. the human rights of the East Timorese ance provisions under those acts. The Mr. FRANK of Massachusetts. Mr. in the application of their Government provisions included in title I of this bill Speaker, I thank the gentleman from in East Timor. They have systemati- are nearly identical to title XXXI of California, and I want to join in con- cally used their Government to oppose H.R. 1561, are the product of bipartisan gratulating his leadership, along with the East Timorese. They have terror- effort and cooperation, and enjoy the the gentleman from New York in the ized, brutalized, they have killed dem- strong support of the Departments of previous resolution on the Holocaust. onstrators in broad daylight in front of State and Defense. In general, this is good legislation. international cameras. They will go to Central to consideration of this bill As someone who represents a large no end to show that they are not wor- is the committee’s view that this legis- number of Portuguese-Americans who thy of the recognition that this en- lation fulfills its responsibility as an are proud of the very strong, thriving hancement gives them. authorizing committee. Specifically, relationship between our two demo- The whole idea of the enhancement is this legislation codifies in permanent cratic nations, I am pleased to see to say, ‘‘Well, we will work with you.’’ H3430 CONGRESSIONAL RECORD — HOUSE April 16, 1996 b 1415 Mr. Speaker, in the past we have de- Mr. Speaker, I simply add that in this But understand, we will work to sup- bated this issue extensively. Last year, time of budgetary constraint and aus- port democratic efforts. But if there I offered an amendment to the foreign terity, I think this is a very good meas- are no democratic efforts being under- aid bill to prohibit this assistance from ure that we move forward with that, we taken, it is a little presumptuous for us going to Indonesia. There is significant say to the Defense Department and we to think that simply by our recogni- opposition in Congress to Indonesian say to the administration, if you are tion of East Timor through this en- IMET. That doesn’t sound non- going to give away these ships, if you hanced IMET that we are going to re- controversial to me. are going to give away these airplanes, place what is not there. That is the A month ago, the State Department you better have a darn good reason to problem with enhanced IMET. said that in Indonesia ‘‘reports of do it, because we are broke and we need My former colleague, Congressman extrajudicial killings, disappearances, to be able to recognize and get as much Ron Machtly, was successful in revok- and torture of those in custody by se- funding as we possibly can and have as ing IMET. It was a good thing that this curity forces increased.’’ Not de- much restraint here as possible. Congress recognized it. Nothing has creased. Not stayed the same. In- That is in the bill, and I commend changed. Indonesia still oppresses these creased. Should we really be authoriz- Chairman GILMAN for inserting it. Timorese, and that is why this is not ing IMET assistance for this govern- Mr. BEREUTER. Mr. Speaker, will the time for us to be renewing IMET. ment now when they have not ad- the gentleman yield? Mr. BROWNBACK. I yield to the gen- That is why, Mr. Chairman, as the gen- dressed these critical human rights is- tleman can obviously tell, there are tleman from Nebraska. sues? I don’t think so. Mr. BEREUTER. Mr. Speaker, I people like myself, the gentlewoman Indonesia’s policy in East Timor is thank the gentleman for focusing on from California [Ms. PELOSI], the gen- about the oppression of people who op- the changes and the reforms that are a tlewoman from New York [Mrs. pose Indonesia’s right to torture, kill, part of this bill. The gentleman has LOWEY], and others, the gentleman and repress the people of East Timor. been active as well as Chairman GIL- from Massachusetts [Mr. FRANK], who It is about the 200,000 Timorese who MAN and the ranking member. know this is not an issue where we have been slaughtered since the Indo- Mr. GILMAN. Mr. Speaker, will the should be debating it on a Suspension nesian occupation in 1975—200,000 gentleman yield? Calendar. We have no problem debating killed out of a total population of Mr. BROWNBACK. I yield to the gen- this as a bill on the floor itself, and 700,000. It is about genocide. tleman from New York. that is the way it should come before Mr. Speaker, this is not a non- Mr. GILMAN. Mr. Speaker, I just us. controversial issue, and should never want to commend the gentleman from Mr. Speaker, this bill contains provi- have been brought up under suspen- Kansas for his astute observations, sions, as the gentleman from New York sion. analysis of the bill. He has been a said, which we all support. I would be Mr. GILMAN. Mr. Speaker, I yield 3 sound critic of the prior procedures the first to commend the gentleman minutes to the gentleman from Kansas that we have utilized in transferring from New York [Mr. GILMAN] for the [Mr. BROWNBACK], a member of our this equipment, and as a result of his inclusion of the hydrographic vessel committee. efforts, a good reform has come about. that goes to Portugal. But that is the (Mr. BROWNBACK asked and was I thank the gentleman for his efforts. proper role for a suspension bill. The given permission to revise and extend Mr. BROWNBACK. I thank the gen- IMET is not. So while I support that his remarks.) tleman very much. endeavor that the gentleman has put Mr. BROWNBACK. Mr. Speaker, let Mr. HAMILTON. Mr. Speaker, I yield into the bill, this I have to object to. me begin by congratulating Chairman myself 5 minutes. Mr. GILMAN. Mr. Speaker, I reserve GILMAN for the hard work he and his Mr. Speaker, I want to commend the balance of my time. staff have put into reforming the de- Chairman GILMAN for his leadership on Mr. LANTOS. Mr. Speaker, I yield 2 fense and security assistance provi- this bill. He has proceeded in a very minutes to the gentlewoman from New sions incorporated in H.R. 3121. constructive and bipartisan way. The York [Mrs. LOWEY]. I think H.R. 3121 represents a com- first part of the bill, an amendment of Mrs. LOWEY. Mr. Speaker, I rise mon sense approach to advancing our security assistance authorities in the today in strong opposition to the provi- foreign policy goals of promoting glob- Foreign Assistance Act and the Arms sion in this bill that authorizes inter- al security, ensuring the security of Export Control Act, has indeed been national military education and train- U.S. citizens and U.S. allies around the developed on a bipartisan basis under ing [IMET] assistance for Indonesia. Chairman GILMAN’s leadership. He has world, and encouraging democracy. In 1992, we voted to end all IMET as- already spoken in some detail about However, the bill achieves these goals sistance for Indonesia because of that the bill, and I do not want to repeat his while effectively reducing the amount country’s abysmal human rights record presentation. and their continued oppression of the of excess defense articles that will be Mr. Speaker, I just want to speak to people of East Timor. Despite the lack transferred to our allies on a grant or two issues that have come up by our of improvement in Indonesia’s human no-cost lease basis. colleagues. One is expanded IMET for rights record, and the opposition of We need to use the grant and no-cost Indonesia. The issue of expanded IMET myself and many of my colleagues, a lease options sparingly so that these for Indonesia is troubling to some modified IMET program was approved programs recover as much money for Members of this House. The adminis- for Indonesia in the Foreign Operations the taxpayers as possible. H.R. 3121 will tration strongly supports the provision Appropriations Act for fiscal year 1996. force the Defense Department to dras- in this bill which exactly tracks the When this provision was added to the tically reduce the number of no-cost Foreign Operations Act for this fiscal foreign aid bill last year, we said we leases and grants that are used to year. The bill would not allow IMET would monitor the human rights situa- transfer excess defense articles to our assistance for traditional purposes. tion in Indonesia very carefully and act allies. The bill creates the national se- There would be no lethal training. accordingly this year. Well, the State curity interest determination that the This bill allows military education Department’s Country Report on Indo- President will have to invoke in order and training in Indonesia only for very nesia was released last month, and ac- to provide a no-cost lease for excess de- specific purposes: To foster greater re- cording to the report, ‘‘The govern- fense articles. spect for and understanding of the ment continued to commit serious Mr. Speaker, H.R. 3121 also requires principle of civilian control of the mili- human rights abuses.’’ the Pentagon to evaluate whether ex- tary, to improve military justice in ac- So what do we do a month after this cess defense articles should be trans- cordance with internationally recog- report came out? We attempt to slip re- ferred on a grant basis or on a sale nized human rights, and to improve authorization of IMET for Indonesia basis, depending upon what the poten- counternarcotics cooperation. The pur- into a supposedly noncontroversial bill tial proceeds would be from a sale, pose of this so-called expanded IMET is that is being considered on the Suspen- what the likelihood of selling a defense solely to give the United States a bet- sion Calendar. This is an unacceptable article would be, and what the foreign ter handle in trying to alter the behav- way to legislate. policy benefits of a transfer would be. ior of the Indonesian Government and April 16, 1996 CONGRESSIONAL RECORD — HOUSE H3431 the military which, of course, is the longstanding policy under the Taiwan GILMAN], and our ranking member, the strongest, most influential institution Relations Act to provide defense arti- gentleman from Indiana [Mr. HAMIL- in the country. cles to Taiwan. I strongly support TON]. Second, Members interested in arms these ship transfers. I rise today to express concern about control have raised questions about Mr. Speaker, I strongly support the a couple of the provisions of this legis- this bill, as well. I believe this bill will overall bill. I urge the adoption of H.R. lation, H.R. 3121. I do not believe that help improve Congress’ oversight of the 3121. the bill before us should be on suspen- arms export control process. The bill Mr. Speaker, I reserve the balance of sion calendar because it covers a great gives the Congress an additional 20 my time. deal of territory and with a minimal days’ advance notification of arms ex- Mr. GILMAN. Mr. Speaker, I want to amount of debate and consideration on port commercial licenses and thank the gentleman from Indiana for the floor. coproduction agreements. It will give his supporting remarks. My two concerns, one I share with Congress the same window on these Mr. Speaker, I reserve the balance of many of my colleagues, is about the transactions as it now has on govern- my time. enhanced IMET to Indonesia for 1996–97 ment-to-government sales. Mr. LANTOS. Mr. Speaker, I yield 2 and my concern about arms control. I For the first time, it will give the minutes to the gentleman from Ten- listened very attentively to the re- Congress the ability to offer resolu- nessee [Mr. CLEMENT]. marks of the ranking member, the gen- tions of disapproval on third-country Mr. CLEMENT. Mr. Speaker, I thank tleman from Indiana [Mr. HAMILTON], transfers and on coproduction agree- the gentleman from California [Mr. and appreciate the assurances he has ments. For the first time, the Congress LANTOS] very much for yielding the given about the increased ceiling in will require the executive branch to es- time. terms of the weapons, the sale, amount tablish a comprehensive end-use mon- Mr. Speaker, today we face an inter- of the weapon sales, and the increased itoring system on government-to-gov- national drug problem. Few of us would discretion given to Congress to inter- ernment arms transfers. For the first deny this fact; fewer would stand by vene in those sales, and I accept his ex- time, Congress will put a genuine idly as the problem grows worse. planation, and I look forward to get- meaningful cap, $350 million, on the I rise in support of H.R. 3121, Tech- ting more information that is con- transfer of excess defense articles in a nical Amendments to Foreign Assist- tained in the bill. fiscal year. The existing ceiling, $250 ance and Arms Export Control Acts. I But I would, for the record, like to million, has just too many loopholes in wish to thank Chairman GILMAN and express concern about the inter- it. ranking member HAMILTON of the national military and education train- Mr. Speaker, it is correct that this International Relations Committee for ing for Indonesia for 1996 and 1997. Our bill raises thresholds on arms notifica- their dedicated effort to bring this bill colleagues have said that this legisla- tions, for example, from $14 million to to the floor. I wish to also thank them tion tracks the Committee on Foreign $25 million on arms sales. The last time for adding, at my request, necessary Operations legislation. Well, it does for thresholds were raised was 1981. So this exceptions for Panama to receive for- 1996. change is basically in response to infla- eign military sales to combat the Many of us on the committee, and I tion. international drug problem. serve on the Foreign Operations Sub- According to the Department of De- Ambassador and former Congressman committee, do not think that Indo- fense, this change in the past year Bill Hughes recently alerted me of the nesia should be getting any IMET. We would have resulted only in some four importance for the Panamanian public recognize that there are those who be- or five fewer notifications to Congress forces to receive United States mili- lieve that this enhanced IMET for the per year out of a few hundred, I might tary assistance. This is not an attempt purposes of fostering civilian control in say, each year, and all of them to on our part to rebuild the Panamanian the role of an army and a more demo- NATO countries. military, but merely an avenue cratic country, et cetera, I do not know The bill eliminates grants of inter- through which we can halt illegal drug if I have defined Indonesia that way, national military education and train- trafficking. Costa Rica, for example, is but nonetheless this IMET, enhanced ing for wealthy countries. The bill permitted such funding. We are discov- IMET, could be useful. And in that gives the administration more flexibil- ering that when a country acquires the spirit of cooperation we accepted the ity in the use of limited assistance tools to fend off this addictive disease, compromise proposed graciously by our funds through increases in drawdown the cure is always within reach. chairman, the gentleman from Ala- authorities and changes in the authori- I want to thank my colleagues for bama [Mr. CALLAHAN], with the under- ties on antinarcotics and antiterrorism their support of this exception and this standing that it was only for 1996 and assistance programs. For example, this bill. It is another step toward continu- the program would be carefully mon- bill will enable the President to use as- ing and escalating our war against itored. We accepted the compromise sistance funds to work with Israel on drugs. but remain convinced nonetheless that research and development efforts to Mr. GILMAN. Mr. Speaker, I thank Indonesia should not receive IMET combat terrorism. the gentleman for his concern about funds. Mr. Speaker, I also want to commend the war against drugs and for making the chairman, Mr. GILMAN, and the ad- certain that this waiver was inserted in Now we see before us, in the bill be- ministration, particularly the Navy, on the measure. We thank him for his sup- fore us, extending the IMET for 1997 de- the second part of the bill on naval port of the measure. spite the fact the record shows con- ship transfers. The Navy has heard the Mr. Speaker, I reserve the balance of tinuing serious human rights abuses by message about the committee’s opposi- my time. the armed forces in Indonesia that sev- tion to large numbers of grant ships eral of our colleagues referenced spe- b transfers. The bill before us returns to 1430 cifically in East Timor. We will con- the traditional pattern of ship trans- Mr. LANTOS. Mr. Speaker, I am de- tinue the debate on this important fers. Eight ships in this package are lighted to yield 3 minutes to the gen- issue as the Committee on Foreign Op- sales, one is a lease, and one to Por- tlewoman from San Francisco, CA [Ms. erations considers fiscal year 1997. tugal is a grant. Portugal, of course, is PELOSI] my neighbor, friend, and dis- I mentioned my concerns about the a NATO ally since the beginning of tinguished colleague. arms sales and think there could be NATO, has provided the United States Ms. PELOSI. Mr. Speaker, I thank dangerous consequences, but, as I say, access to facilities since the 1940’s, and the gentleman from California [Mr. accept the explanation extended by the last year renewed that access agree- LANTOS] for yielding this time to me gentleman from Indiana [Mr. HAMIL- ment in the Azores. and for his leadership on issues, inter- TON]. While the notification process This package also includes the sale of national issues as well as others, that may be considered cumbersome by three 1970 vintage Knox-class frigates come before this House. I have great some in the bureaucracy, congressional to Taiwan and the lease of one trans- respect for the chair of the committee, oversight helps insure that the tax- port ship to Taiwan. This is part of our the gentleman from New York [Mr. payer dollars are well spent. H3432 CONGRESSIONAL RECORD — HOUSE April 16, 1996 Again, I am concerned the bill was Current law governing congressional over- tlewoman from New York, and the gen- placed on suspension calendar with lit- sight of arms sales is already feebleÐthis bill tlewoman from California, if it is not tle information to many Members. Pas- only makes a bad situation worse. On numer- absolutely clear, we are not authoriz- sage of the bill does not reflect whole- ous occasions, our soldiers have been sent ing IMET for Indonesia. We are author- hearted support for some of the provi- into war situations where they have had to izing E-IMET, or extended IMET, and sions it contains; I guess that is a rule face hostile forces armed with American sup- not, as one of the gentleman said, en- of life around here. But I do want to plied weapons. hanced IMET. And, even ‘‘extended very strongly convey to our chairman I am sure everyone recalls Panama, Iraq, IMET’’ really does not convey what the that this does not track the foreign ops Somalia, and Haiti where our fighting men and program is, for it is quite different bill for 1996–97. The foreign ops bill women were sniped at and killed by weapons than the original IMET program. The only gave enhanced IMET for 1996, and we supplied to those countries before they Extended IMET program is the kind of I hope that the gentleman would join turned belligerent. program exactly designed to be used in with us in monitoring how that en- Mr. Speaker, while there are provisions in a country like Indonesia where we do hanced IMET funding is spent. this bill which I strongly supportÐsuch as Nar- have some human rights concerns Mr. LANTOS. Mr. Speaker, I yield cotics control, refugee assistance, and POW/ which are in part related to East such time as she may consume to the MIA recovery effortsÐI cannot in good con- Timor. gentlewoman from Oregon [Ms. FURSE]. science allow this bill to breeze through this Now, let me say first of all that the (Ms. FURSE asked and was given per- body without careful deliberation. enhanced IMET program, or E-IMET, is mission to revise and extend her re- Every year, the weapons we sell overseas strongly supported by the administra- marks.) are used against innocent civilians, refugees, tion. If you listen to CINCPAC sources, Ms. FURSE. Mr. Speaker I rise because of political dissidents, and, yes, American sol- as people in the State Department, the concerns I have to H.R. 3121, amending the diers. As the legislative branch, we have the Defense Department generally and Foreign Assistance Act and the Arms Export right and responsibility to oversee the transfer other parts of the administration, it is Control Act. of weapons to foreign governments. clear that this administration, the pre- This bill moves us in the wrong direction. It This does not mean we cannot supply our vious administration, are supportive of unnecessarily costs the taxpayers more allies with the tools to defend themselves, it extending the ‘‘Enhanced IMET’’ pro- money and it moves us toward less account- simply means that we should provide a sober- gram to Indonesia. It moves us closer ability of arms transfers. ing second thought when the administration is to a positive defense relationship with At a time when we are working so hard to about approve the transfer of lethal American Indonesia, and, more importantly, it is balance the Federal budget, it does not make weapons into the hands of foreign govern- specifically geared, as the gentleman sense to do as this bill does. For the first time, ments. from Indiana [Mr. HAMILTON] said, to it would require U.S. taxpayers to pay the This bill, Mr. Speaker, would increase the dealing with a country that has human costs of shipping the excess defense articles threshold at which Congress must be notified rights problems that trouble us a great we're giving away to other countries. for arms sales, from $200 to $300 million. deal. The E-IMET program is to foster In a world where our own soldiers are at That means the administration would be able greater respect for the principles of ci- risk from the very weapons exported by the to sell $100 million more in guns overseas be- vilian control of the military. It is to United States, we should not be promoting in- fore Congress must be notified. improve military justice and military creased exports in the ways that this bill does. Moreover, the bill authorizes the resumption codes of conduct in accordance with This bill eliminates congressionally mandated of international military and education training internationally recognized human language to ensure that foreign recipient coun- for the Government of Indonesia. Mr. Speaker, rights. It is to contribute to respon- tries use the equipment as intended. That in- it is well known that Indonesia has an atro- sible defense resource management. It cludes, for example, the requirement that ex- cious human rights record, especially with re- is to contribute to cooperation between cess defense articles transferred for gards to the people of East Timor. the military and local police in the counternarcotics purposes be used primarily For those of my colleagues who aren't area of counternarcotics. for counternarcotics purposes and not for aware, the people of East Timor have been This is the full scope of the E-IMET counterinsurgency. subjected to near-genocide, simply because of program. It is very different than the This bill strips Congress of its ability to their opposition to the multinational mining in- IMET program, about which objections gauge the human rights situation and to deter- terests who want to expropriate their minerals. have been expressed here today. mine if the assistance is likely to be used in Mr. Speaker, measures such as these Now, let me say that I, despite the abuses. We must be more creative than that should not be dealt with so lightly under the fact that I believe that Indonesia is in determining ways for our Nation's workers suspension calendar, and Congress should playing a very important role in to have jobs. We cannot come to rely on arms not be so willing to hand over its limited over- Southeast Asia, that it is strategically exports to such an extent that we ignore sight authority to the administration. located and is a country that has human rights. While I want to support the good measures played the key, positive role in trying This is a controversial bill, Mr. Speaker. I in this bill Mr. Speaker, I am afraid that my to resolve the Spratley Islands dispute object to the process that was used in bringing conscience will not let me vote for a bill that in the waters off Southeast Asia, de- it to the floor on the suspension calendar and will reduce congressional oversight with re- spite that, I would not be able to sug- I object to its content. I urge my colleagues to spect to the sale of weapons. Moreover, I can- gest to my colleagues that we ought to reject H.R. 3121. not support a bill which will authorizes the use approve the traditional IMET author- Mr. LANTOS. Mr. Speaker, I yield of American tax dollars to train the repressive ization. But there is this to be said for such time as she may consume to the military of Indonesia. what is happening in Indonesia: gentlewoman from Georgia [Ms. As a mother and as a woman of con- There are substantial signs of greater MCKINNEY]. science, I urge my colleagues to oppose this judicial independence, there is NGO ac- (Ms. MCKINNEY asked and was given regrettably tainted bill. tivism in the last 12 months, there is a permission to revise and extend her re- Mr. LANTOS. Mr. Speaker, I have no human rights commission that has marks.) further requests for time, and I yield been established, primarily because of Ms. MCKINNEY. Mr. Speaker, as a back the balance of my time. outside interests, the human rights mother and a woman of conscience, I Mr. GILMAN. Mr. Speaker, I yield 6 community, and the United States of am concerned about U.S. transfers of minutes to the gentleman from Ne- America. Human rights practices re- arms around the world and the impact braska [Mr. BEREUTER], the distin- main certainly imperfect, but the E- that those transfers will have 10–15 guished chairman of our Subcommittee IMET program is specifically designed years down the road, particularly on on Asia and the Pacific. primarily to push Indonesia and other my son and the other young people of Mr. BEREUTER. Mr. Speaker, I countries toward better human rights America. thank the chairman for yielding me practices. Mr. Speaker, I rise today to express concern this time. So I think that, in fact, our col- about portions of H.R. 3121 that would reduce I would say to my colleagues, the leagues should feel very good about au- congressional oversight on arms sales to for- gentleman from Massachusetts, the thorizing ‘‘Enhanced IMET’’ program eign countries. gentleman from Rhode Island, the gen- for Indonesia. And by the way, it is April 16, 1996 CONGRESSIONAL RECORD — HOUSE H3433 identical to the existing law in the for- tee on International Relations several been brought before the House. This measure eign operations appropriation bill as months ago. I raised the concern sev- authorizes enhanced International Military and well as the authorization bills passed eral months ago, along with the gen- Education Training [IMET] for Indonesia, which by both the House and the Senate. tleman from Kansas [Mr. BROWNBACK] is committing flagrant human rights abuses I understand a couple of my col- that a request of an admiral would against the people of East Timor. leagues—the gentlewoman from Con- come before the committee on a rel- More than 20 years ago, Indonesian troops necticut, the gentleman from Florida— atively routine, in his mind, and in the invaded the small country of East Timor, be- might like to engage in a colloquy past a routine, procedure of simply ginning a storm of violent occupation and re- here. Is that correct? asking the House of Representatives to pression that continues today. I believe that Mr. Speaker, I yield to the gentleman give away ships. we must stand with the East Timorese against from Florida if he wishes to engage in As I sat there and listened to the ad- these unconscionable acts, and I am con- this discussion. miral talking about giving away these cerned that by providing enhanced IMET to In- Mr. SHAW. Mr. Speaker, I had not in- ships, it dawned on me—why is the donesia, we may send a dangerous message tended to be in the debate on this par- United States in the business of giving to the leaders of that nation. ticular issue until I heard the ques- away ships when, in fact, we can sim- In addition, by bringing H.R. 3121 to the tions of what I consider to be tremen- ply sell these or lease them, and at floor under suspension of the rules, we will not dous exaggerations as to what is going that point the particular bill was have a full and open debate on IMET and In- on in East Timor. I had the privilege of pulled. The people who were working donesia's aggression against the East Timor- visiting East Timor for several days on it decided that perhaps we should do ese. The suspension calendar should be re- just a few months ago, along with Con- something different, and as a result of served for non-controversial legislation. In my gressman JOHNSON and the gentleman that, there was a committee hearing opinion, H.R. 3121 does not meet this test. from Texas, Mr. ARCHER. We saw first- held March 21, 1996, before the Commit- I regret that this afternoon, the House is not hand the fact that there are not these tee on International Relations and this giving these issues the attention they deserve. huge breaches of human rights, and we time this particular bill was before our In the months to come, I will continue to work did not see these breaches of human committee, and that is to sell ships or to assist the long-suffering people of East rights as referred to. to lease them to Egypt, Mexico, New Timor, and I urge my colleagues to join me in As a matter of fact, one of our Mem- Zealand, Portugal, Taiwan, and Thai- this effort. bers went and spoke to a Catholic land, and I asked the person from the Mr. HALL of Ohio. Mr. Speaker, while I sup- priest, and, by the way, most of Indo- Department of Defense, the fact that port the majority of the provisions in H.R. nesia is Muslim, this is mostly Catho- they are now requesting a sale or lease 3121, which makes various technical amend- lic. As a matter of fact, there is the of the ships, is this in direct response ments to the Foreign Assistance Act and the to the inquiry that Mr. BROWNBACK and second largest statue of Jesus in the Arms Export Control Act, I strongly oppose the I had over our consternation that our entire world being constructed—in section which authorizes the resumption of country was giving away excess ships. process of being constructed—in East International Military and Education Training And the answer by Mr. Caines was, Timor. [IMET] funds for Indonesia. ‘‘Very much, sir.’’ I went to a Catholic priest who actu- I have been protesting the human rights ally favored independence, but he veri- He said, ‘‘We have understood what the committee and the Congress have abuses in East Timor for some time now. Last fied the fact that the human rights December marked the 20th anniversary of In- record was certainly improving and said, and therefore you will see that in that package, which I believe includes donesian invasion of East Timor. Recently, the that he did not see these tremendous situation on the ground there has been getting violations of human rights. a total of 10 ships, there is only one grant, sir. There are eight sales and worse not better. It is sobering to reflect that Mr. BEREUTER. Mr. Speaker, I yield over the last 20 years at least 100,000 and to the gentlewoman from Connecticut one lease.’’ This particular bill brings in reve- perhaps more than 200,000 people have been [Mrs. JOHNSON]. nues to the U.S. Government in excess killed out of a population of less than 700,000. Mrs. JOHNSON of Connecticut. I of one-half billion dollars, and what While the vast majority of these deaths took think it ought to be also in the record this amounts to is that the U.S. Navy place before 1980, harsh repression contin- that the government of East Timor is a has now changed its policy so that ues. The world witnessed this first hand when Timoran, well respected by the people henceforth any excess ships are not the 1991 Santa Cruz massacre in which the of that island, and Indonesia has a way routinely given away, they are now Indonesian military killed over 200 unarmed in- of sharing the benefits of mining and sold or leased to our trading partners dividuals was recorded by journalists. timber throughout the islands of Indo- overseas. Congress banned IMET funding for Indo- nesia. So development money is com- This is a good bill. It is a revenue nesia to protest human rights abuses in East ing in, and not only are they beginning generator. It is going to make a lot of Timor. The situation has not improved and the to deal with the terrible economic money for this country, and it is good, U.S. Congress should not change this policy. problems of this island, but they are sound foreign policy. It is my hope that we can prevent the funding beginning also to deal constructively So I would encourage my colleagues of IMET for Indonesia in the appropriations with the human rights issues. wholeheartedly to support the passage process. Mr. BEREUTER. Mr. Speaker, I of H.R. 3132. b 1445 thank the gentlewoman. Mr. GILMAN. Mr. Speaker, I thank Mr. GILMAN. Mr. Speaker, I thank the gentleman for his supporting com- Mr. GILMAN. Mr. Speaker, I yield the gentleman from Florida, the gen- ments. back the balance of my time. tlewoman from Connecticut, the gen- Mr. Speaker, I believe that this has The SPEAKER pro tempore (Mr. tleman from Nebraska for straighten- been a good, sound debate on the bill. I CAMP). The question is on the motion ing out some of the background on am pleased that many of our colleagues offered by the gentleman from New East Timor and the IMET Program. have had an opportunity to participate. York [Mr. GILMAN] that the House sus- Mr. Speaker, I yield 3 minutes to the I thank the gentleman from California pend the rules and pass the bill, H.R. gentleman from Illinois [Mr. [Mr. LANTOS] for his supporting re- 3121, as amended. MANZULLO], a member of our commit- marks. The question was taken; and (two- tee. This bill does make important thirds having voted in favor thereof) (Mr. MANZULLO asked and was changes in defense and security assist- the rules were suspended and the bill, given permission to revise and extend ance authorities, and I am calling on as amended, was passed. his remarks.) my colleagues to support the measure. A motion to reconsider was laid on Mr. MANZULLO. Mr. Speaker, this is Mr. REED. Mr. Speaker, I recognize the im- the table. an interesting bill, and I rise in full portance of the issues that the House of Rep- f support of it, H.R. 3132. resentatives is addressing today as it consid- GENERAL LEAVE The last title, title 2, that appears on ers H.R. 3121. page 50, represents an incredible set of However, I must object to certain provisions Mr. GILMAN. Mr. Speaker, I ask events that took place in our Commit- of H.R. 3121 and the manner in which it has unanimous consent that all Members H3434 CONGRESSIONAL RECORD — HOUSE April 16, 1996 may have 5 legislative days within Cramer Hilleary Molinari Studds Towns Weldon (PA) Crane Hilliard Mollohan Stump Traficant Weller which to revise and extend their re- Crapo Hinchey Montgomery Stupak Upton White marks on H.R. 3121, the bill just passed. Cremeans Hobson Moorhead Talent Velazquez Whitfield The SPEAKER pro tempore. Is there Cubin Hoekstra Moran Tanner Vento Wicker objection to the request of the gen- Cunningham Hoke Morella Tate Visclosky Williams Danner Holden Murtha Tauzin Volkmer Wise tleman from New York? Davis Horn Myers Taylor (MS) Vucanovich Wolf There was no objection. de la Garza Hostettler Myrick Taylor (NC) Walker Woolsey Deal Houghton Nadler Tejeda Walsh Wynn f DeFazio Hoyer Neal Thomas Wamp Yates DeLauro Hutchinson Nethercutt Thompson Ward Young (AK) ANNOUNCEMENT BY THE SPEAKER DeLay Hyde Neumann Thornberry Waters Young (FL) PRO TEMPORE Dellums Inglis Ney Thornton Watt (NC) Zeliff Deutsch Istook Norwood Thurman Watts (OK) Zimmer The SPEAKER pro tempore. Debate Diaz-Balart Jackson (IL) Nussle Torkildsen Waxman has concluded on all motions to sus- Dickey Jackson-Lee Oberstar Torricelli Weldon (FL) pend the rules. Pursuant to the provi- Dicks (TX) Obey NOT VOTING—7 Dingell Jacobs Olver sions of clause 5 of rule I, the Chair Dixon Jefferson Ortiz Becerra Richardson Wilson will now put the question on each mo- Doggett Johnson (CT) Orton Gutierrez Tiahrt tion to suspend the rules on which fur- Dooley Johnson (SD) Owens Hunter Torres ther proceedings were postponed ear- Doolittle Johnson, E. B. Oxley Dornan Johnson, Sam Packard b 1507 lier today in the order in which that Doyle Johnston Pallone So (two-thirds having voted in favor motion was entertained. Dreier Jones Parker Votes will be taken in the following Duncan Kanjorski Pastor thereof) the rules were suspended and Dunn Kaptur Paxon the bill, as amended, was passed. order: H.R. 2337, de novo; and House Durbin Kasich Payne (NJ) Resolution 316, by the yeas and nays. The result of the vote was announced Edwards Kelly Payne (VA) as above recorded. The Chair will reduce to 5 minutes Ehlers Kennedy (MA) Pelosi the time for the second electronic vote Ehrlich Kennedy (RI) Peterson (FL) A motion to reconsider was laid on Emerson Kennelly Peterson (MN) the table. after the first such vote in this series. Engel Kildee Petri f f English Kim Pickett Ensign King Pombo Eshoo Kingston Pomeroy ANNOUNCEMENT BY THE SPEAKER TAXPAYER BILL OF RIGHTS II Evans Kleczka Porter PRO TEMPORE The SPEAKER pro tempore. The Everett Klink Portman Ewing Klug Poshard The SPEAKER pro tempore (Mr. pending business is the question of sus- Farr Knollenberg Pryce CAMP). Pursuant to the provisions of pending the rules and passing the bill, Fattah Kolbe Quillen clause 5 of rule I, the Chair announces H.R. 2337, as amended. Fawell LaFalce Quinn that he will reduce to a minimum of 5 The Clerk read the title of the bill. Fazio LaHood Radanovich Fields (LA) Lantos Rahall minutes the period of time within The SPEAKER pro tempore. The Fields (TX) Largent Ramstad which a vote by electronic device may question is on the motion offered by Filner Latham Rangel be taken on the additional motion to the gentlewoman from Connecticut Flake LaTourette Reed suspend the rules on which the Chair [Mrs. JOHNSON] that the House suspend Flanagan Laughlin Regula Foglietta Lazio Riggs had postponed further proceedings. the rules and pass the bill, H.R. 2337, as Foley Leach Rivers f amended. Forbes Levin Roberts The question was taken. Ford Lewis (CA) Roemer Fowler Lewis (GA) Rogers DEPLORING INDIVIDUALS WHO Mrs. JOHNSON of Connecticut, Mr. Fox Lewis (KY) Rohrabacher DENY HISTORICAL REALITY OF Speaker, I object to the vote on the Frank (MA) Lightfoot Ros-Lehtinen HOLOCAUST AND COMMENDING ground that a quorum is not present Franks (CT) Lincoln Rose ONGOING WORK OF UNITED and make the point of order that a Franks (NJ) Linder Roth Frelinghuysen Lipinski Roukema STATES HOLOCAUST MEMORIAL quorum is not present. Frisa Livingston Roybal-Allard MUSEUM The SPEAKER pro tempore. Evi- Frost LoBiondo Royce dently a quorum is not present. Funderburk Lofgren Rush The SPEAKER pro tempore. The Furse Longley Sabo pending business is the question of sus- The Sergeant at Arms will notify ab- Gallegly Lowey Salmon sent Members. pending the rules and agreeing to the Ganske Lucas Sanders resolution, House Resolution 316. The vote was taken by electronic de- Gejdenson Luther Sanford vise, and there were—yeas 425, nays 0, Gekas Maloney Sawyer The Clerk read the title of the resolu- Gephardt Manton Saxton not voting 7, as follows: tion. Geren Manzullo Scarborough The SPEAKER pro tempore. The [Roll No. 119] Gibbons Markey Schaefer Gilchrest Martinez Schiff question is on the motion offered by YEAS—425 Gillmor Martini Schroeder the gentleman from Nevada [Mr. EN- Abercrombie Bishop Canady Gilman Mascara Schumer SIGN] that the House suspend the rules Ackerman Bliley Cardin Gonzalez Matsui Scott Allard Blute Castle Goodlatte McCarthy Seastrand and agree to the resolution, House Res- Andrews Boehlert Chabot Goodling McCollum Sensenbrenner olution 316, on which the yeas and nays Archer Boehner Chambliss Gordon McCrery Serrano are ordered. Armey Bonilla Chapman Goss McDade Shadegg This is a 5-minute vote. Bachus Bonior Chenoweth Graham McDermott Shaw Baesler Bono Christensen Green (TX) McHale Shays The vote was taken by electronic de- Baker (CA) Borski Chrysler Greene (UT) McHugh Shuster vice, and there were—yeas 420, nays 0, Baker (LA) Boucher Clay Greenwood McInnis Sisisky not voting 12, as follows: Baldacci Brewster Clayton Gunderson McIntosh Skaggs Ballenger Browder Clement Gutknecht McKeon Skeen [Roll No. 120] Barcia Brown (CA) Clinger Hall (OH) McKinney Skelton YEAS—420 Barr Brown (FL) Clyburn Hall (TX) McNulty Slaughter Abercrombie Barr Bilirakis Barrett (NE) Brown (OH) Coble Hamilton Meehan Smith (MI) Ackerman Barrett (NE) Bishop Barrett (WI) Brownback Coburn Hancock Meek Smith (NJ) Allard Barrett (WI) Bliley Bartlett Bryant (TN) Coleman Hansen Menendez Smith (TX) Andrews Bartlett Blute Barton Bryant (TX) Collins (GA) Harman Metcalf Smith (WA) Archer Barton Boehlert Bass Bunn Collins (IL) Hastert Meyers Solomon Armey Bass Boehner Bateman Bunning Collins (MI) Hastings (FL) Mica Souder Bachus Bateman Bonilla Beilenson Burr Combest Hastings (WA) Millender- Spence Baesler Beilenson Bonior Bentsen Burton Condit Hayes McDonald Spratt Baker (CA) Bentsen Bono Bereuter Buyer Conyers Hayworth Miller (CA) Stark Baker (LA) Bereuter Borski Berman Callahan Cooley Hefley Miller (FL) Stearns Baldacci Berman Boucher Bevill Calvert Costello Hefner Minge Stenholm Ballenger Bevill Browder Bilbray Camp Cox Heineman Mink Stockman Barcia Bilbray Brown (CA) Bilirakis Campbell Coyne Herger Moakley Stokes April 16, 1996 CONGRESSIONAL RECORD — HOUSE H3435 Brown (FL) Frelinghuysen Livingston Sabo Souder Vento from afar, from California, from Ohio, Brown (OH) Frisa LoBiondo Salmon Spence Visclosky Brownback Frost Lofgren Sanders Spratt Volkmer from Minnesota, from Michigan, from Bryant (TN) Funderburk Longley Sanford Stark Vucanovich New England, from Canada, gathered Bryant (TX) Furse Lowey Sawyer Stearns Walker to retell stories about Sophie’s life, her Bunn Gallegly Lucas Saxton Stenholm Walsh hopes, her aspirations. She was a full Bunning Ganske Luther Scarborough Stockman Wamp Burr Gejdenson Maloney Schaefer Stokes Ward partner with her husband Victor as Burton Gekas Manton Schiff Studds Waters they struggled for social and economic Buyer Gephardt Manzullo Schroeder Stump Watt (NC) justice for workers in America and Callahan Geren Markey Schumer Stupak Watts (OK) throughout the world. They were the Calvert Gibbons Martinez Scott Talent Waxman Camp Gilchrest Martini Seastrand Tanner Weldon (FL) true pioneers in the organization of the Campbell Gillmor Mascara Sensenbrenner Tate Weldon (PA) United Auto Workers of America. Canady Gilman Matsui Serrano Tauzin Weller Mr. Speaker, there are not enough Shadegg Taylor (MS) White Cardin Gonzalez McCarthy words for me to tell about Sophie Reu- Castle Goodlatte McCollum Shaw Taylor (NC) Whitfield Chabot Goodling McCrery Shays Tejeda Wicker ther, who I had the privilege to know. Chambliss Gordon McDade Shuster Thomas Williams I therefore ask my colleagues to read Chapman Goss McDermott Sisisky Thompson Wise about her legacy in a New York Times Chenoweth Graham McHale Skaggs Thornberry Wolf Christensen Green (TX) McHugh Skeen Thornton Woolsey obituary. Chrysler Greene (UT) McInnis Skelton Thurman Wynn Mr. Speaker, I include this article for Clay Greenwood McIntosh Slaughter Torkildsen Yates the RECORD, as follows: Smith (MI) Torricelli Young (AK) Clayton Gunderson McKeon [From the New York Times, Feb. 23, 1996] Clement Gutknecht McKinney Smith (NJ) Towns Young (FL) Clinger Hall (OH) McNulty Smith (TX) Traficant Zeliff SOPHIE REUTHER, A SOCIAL AND LABOR Clyburn Hall (TX) Meehan Smith (WA) Upton Zimmer ACTIVIST, IS DEAD AT 82 Solomon Velazquez Coble Hamilton Meek (By Robert McG. Thomas Jr.) Coburn Hancock Menendez NOT VOTING—12 Coleman Hansen Metcalf Sophie Reuther, a social activist who cap- Collins (GA) Harman Meyers Becerra Hunter Roth tured the head of the United Auto Workers’ Collins (IL) Hastert Mica Brewster Myers Tiahrt co-founder, Victor Reuther, and then proved Collins (MI) Hastings (FL) Millender- Gutierrez Richardson Torres her mettle as a union organizer during the Horn Ros-Lehtinen Wilson Combest Hastings (WA) McDonald violent labor wars of the 1930’s, died on Tues- Condit Hayes Miller (CA) b day at a hospice near her winter home in Ft. Miller (FL) 1514 Conyers Hayworth Myers, Fla. She was 82 and had been Mr. Cooley Hefley Minge So (two-thirds having voted in favor Reuther’s full partner in labor and in life for Costello Hefner Mink thereof) the rules were suspended and Cox Heineman Moakley 59 years. Coyne Herger Molinari the resolution was agreed to. When they met in December 1935 at the Cramer Hilleary Mollohan The result of the vote was announced Brookwood Labor College in Katonah, N.Y., Crane Hilliard Montgomery as above recorded. where she was a student and he a visiting Crapo Hinchey Moorhead A motion to reconsider was laid on lecturer, Mr. Reuther was a dashing labor Cremeans Hobson Moran figure who had spent three years traveling Morella the table. Cubin Hoekstra around the world with his older brother, Cunningham Hoke Murtha f Danner Holden Myrick Walter, and had helped him found the U.A.W. Davis Hostettler Nadler REMOVAL OF NAME OF MEMBER earlier that year. de la Garza Houghton Neal ‘‘I think she was impressed,’’ her husband Deal Hoyer Nethercutt AS COSPONSOR OF H.R. 1972 said yesterday, acknowledging that the feel- DeFazio Hutchinson Neumann Mr. QUINN. Mr. Speaker, I ask unan- ing was more than mutual. She may not DeLauro Hyde Ney imous consent that my name be re- have had his credentials as a union founder, DeLay Inglis Norwood but as the daughter of Polish refugees who Dellums Istook Nussle moved as a cosponsor of H.R. 1972. died when she was 15, Sophia Goodlavish, or Deutsch Jackson (IL) Oberstar The SPEAKER pro tempore (Mr. Diaz-Balart Jackson-Lee Obey Sophie Good, as she was known, had already COBLE). Is there objection to the re- Dickey (TX) Olver made a mark for herself in labor circles. Dicks Jacobs Ortiz quest of the gentleman from New A native of Middleboro, Mass., she had her Dingell Jefferson Orton York? first taste of organizing while working at a Dixon Johnson (CT) Owens There was no objection. shoe factory and had later so distinguished Doggett Johnson (SD) Oxley herself in raising money for unionized work- Dooley Johnson, E. B. Packard f Doolittle Johnson, Sam Pallone ers during a shipyard strike that Norman Dornan Johnston Parker REMOVAL OF NAME OF MEMBER Thomas, the Socialist leader, had rec- Doyle Jones Pastor AS COSPONSOR OF H.R. 1963 ommended her for a scholarship to the labor Dreier Kanjorski Paxon college. Duncan Kaptur Payne (NJ) Mr. SHAYS. Mr. Speaker, I ask unan- ‘‘She was a very prim young woman with a Dunn Kasich Payne (VA) imous consent that my name be re- fund of social idealism,’’ Mr. Reuther said, Durbin Kelly Pelosi offering a courtly labor man’s declaration of Edwards Kennedy (MA) Peterson (FL) moved from H.R. 1963, the Postmark Ehlers Kennedy (RI) Peterson (MN) Prompt Payment Act. what he acknowledged was love at first Ehrlich Kennelly Petri The SPEAKER pro tempore. Is there sight. Emerson Kildee Pickett objection to the request of the gen- Mr. Reuther, who had been profoundly Engel Kim Pombo lonely since his brother’s recent marriage, English King Pomeroy tleman from Connecticut? said he was so afraid he would never see her Ensign Kingston Porter There was no objection. again after her short term ended that he pro- Eshoo Kleczka Portman f posed. Evans Klink Poshard Everett Klug Pryce She accepted, and six months after their Ewing Knollenberg Quillen A TRIBUTE TO SOPHIE REUTHER marriage in July 1936, Mrs. Reuther, using Farr Kolbe Quinn (Mr. TORRES asked and was given the name Good to hide her connections to a Fattah LaFalce Radanovich permission to address the House for 1 high union official, was sent by the U.A.W. Fawell LaHood Rahall to Anderson, Ind., to help bolster support for Fazio Lantos Ramstad minute and to revise and extend his re- a strike at a General motors plant. Fields (LA) Largent Rangel marks and include extraneous mate- At one point, Mr. Reuther said, while he Fields (TX) Latham Reed rial.) Filner LaTourette Regula was on his way to Anderson, his wife had to Flake Laughlin Riggs Mr. TORRES. Mr. Speaker, I rise jump out a second-story window to escape an Flanagan Lazio Rivers today to honor and pay tribute to a armed band of Ku Klux Klansmen who Foglietta Leach Roberts great American woman, Sophie Reu- stormed the union headquarters at the urg- Foley Levin Roemer ing of management officials. Forbes Lewis (CA) Rogers ther, who passed away on February 20 of this year. This past Saturday, ap- ‘‘She went underground and it took me Ford Lewis (GA) Rohrabacher three days to find her,’’ he said. Before the Fowler Lewis (KY) Rose proximately 150 people, friends and year was out, he and she along with his Fox Lightfoot Roukema family, gathered at the Reuther home Frank (MA) Lincoln Roybal-Allard brother Roy, were purged during an intra- Franks (CT) Linder Royce to celebrate the life and lessons of this union fight that lasted until the Reuther fac- Franks (NJ) Lipinski Rush remarkable woman. Trade unionists tion regained power two years later. H3436 CONGRESSIONAL RECORD — HOUSE April 16, 1996 Walter Reuther, who remained in office GETTING GOVERNMENT OFF THE If the Members would think of $300 during the purge, also remained a marked BACKS OF AMERICANS billion of free flow cash that could be man. The SPEAKER pro tempore. Under a used to enhance programs, actually In April 1938 two gun-wielding anti-union you would have $100 billion, but you thugs forced their way into Sophie Reuther’s previous order of the House, the gen- 25th birthday party at Walter Reuther’s De- tleman from Florida [Mr. FOLEY] is take that toward education, pre-K pro- troit apartment (a delivery of Chinese food recognized for 5 minutes. grams, Head Start, things vitally im- had been expected) and began pistol whip- Mr. FOLEY. Mr. Speaker, I certainly portant to getting our Nation’s youth ping her brother-in-law until a guest scram- appreciate the opportunity, and we are up and running so they enter first bled out a second-story window and began glad to be back in our Nation’s Capital, grade with reading and writing skills, shouting for the police. and obviously it is tax week. April 15 basic skills, in order to become produc- When the police, widely assumed to be in tive. the pay of the auto makers, began a perfunc- has come and gone, and the American public has obviously hopefully filled I talked a little bit about what we tory investigation and asked Mrs. Reuther to tried to do in the crime areas in this describe the thugs, she did not miss a beat. out all of their appropriate papers. But ‘‘They looked very much like you,’’ she said. it gives us cause to look at Govern- Nation. It is time we stop coddling the In 1951, after an attempt on Mr. Reuther’s ment and talk about how we are trying criminals. I was entirely depressed the life, the family including three children, to make a difference here in Washing- other day when I read the story about moved to Paris, where he spent three years ton, trying to get Government to look the gentleman from Texas who had as the Congress of Industrial Organization’s at itself and reflect on what its true committed sexual offenses against mi- European director. nors, who was being released from pris- They moved to Washington in 1954, when mission is, to look at all levels of spending, to look at all that we do in on, and readily acknowledged that he Walter Reuther took over as U.A.W. presi- would commit the crimes again. In our dent and Victor became his special assistant trying to determine what is the most society we suggest that he be released and director of international affairs. appropriate role for the Federal Gov- Although Mrs. Reuther held no official ernment, what would be best reserved and we put a monitoring bracelet on him. union position after 1937, she remained very for the States, what would we expect Here is a man that indicates he is much a union woman, so much so that when from our leaders. going to perpetrate crimes against her husband, who she believed had been ne- I am particularly pleased that the glecting his domestic duties, returned from children, he may kill his next victim, National Taxpayers Union released its one of his frequent trips he found a list of and our Nation releases him. The penal report on Congress. The National Tax- her demands written large in rug shampoo system in Texas releases him because payers Union released its ratings from on the living room carpet. they claim they cannot hold him any Known as a women who recognized no limi- the 1995 session of Congress, the first of longer. The mere utterance of the fact tation on what she could do, Mrs. Reuther the 104th. I was proud to note 78 Mem- that he threatened bodily injury on an- obtained a fine arts degree from George bers of this body scored an A rating. I other human being I think should have Washington University at the age of 55 in was particularly delighted in the fact 1968 and was a Robert F. Kennedy delegate to proven beyond a reasonable doubt that that 33 Members of the freshman class the Democratic National Convention that he should have been held in custody. year. were A rated this year. If we are going to get tough on crime, It was during an official union visit to In their release, the National Tax- we are having to get tough on sen- India that year that Mrs. Reuther left her payers Union suggested that Members tences like this, where they are releas- husband with the enduring image of her hu- did not only talk about reduction of ing perpetrators of serious felonies manity. At a mine near Calcutta, he re- spending in their districts, they em- called, a miner’s widow, an untouchable, ap- against children out into our society. phasized it here on the floor of this We are not going to prove to the young proached his wife, bent down and kissed her Chamber. They showed by their deeds shoe. people of America that crime does not Then, in a breach of caste protocol, ‘‘my and by their actions their commitment pay, if in fact they witness daily people Sophie reached down and lifted the women to reducing the size and scope of Fed- being released by judges, released by up and embraced her.’’ Mr. Reuther recalled. eral Government. prisons, serving half the time allocated ‘‘The women were shocked. The men were Yes, we need to make priorities. Yes, by the judge, serving 25 percent of the shocked.’’ we need to seek the direction that this allocable time. ‘‘That was my Shopie,’’ he said. ‘‘She felt Nation hopes to accomplish. But, by We tried to mandate we will not pro- a kinship with the suffering of all people.’’ these ratings, we have clearly indi- vide prison funds for States if they do In addition to her husband, Mrs. Reuther is cated, at least this Member personally, survived by a daughter, Carole Hill of not require serving 80 percent of sen- Cowden, Ill.; two sons, Eric, of Washington, that we are prepared to make the tences. We come up with gimmicks like and John, of Moscow; a brother, Edward tough votes, to bring us in balance in ‘‘three strikes and you’re out.’’ What is Bezuska of Warren, Mich, and six grand- our Nation. wrong with the first strike? Why do we children. We are spending in excess of $200 bil- need baseball metaphors to feel safe in f lion a year that we do not have. We our homes? Why not put them away have a $5 trillion national debt. It is SPECIAL ORDERS the first time. costing us $300 billion in interest pay- When kids bring knives and guns to The SPEAKER pro tempore. Under ments on the debt alone to service that school, do not suspend them from cam- the Speaker’s announced policy of May debt. Even in the year 2002 when we pus. Do not send them home into the 12, 1995, and under a previous order of fully balance the treasury and we do communities with guns and knives so the House, the following Members will not have more going out than we have they can rob homes while we are work- be recognized for 5 minutes each. coming in, we will still have in excess ing. Put them in a boot camp. No ma- f at that point of $6 trillion in debt. rine wants to go back to basic training. The SPEAKER pro tempore. Under a Now, when you are spending $300 bil- Once they have completed it, they previous order of the House, the gen- lion alone this fiscal year on interest never want to return to basic training. tleman from California [Mr. RIGGS] is payments, no principle reduction, you The same could be held for our young recognized for 5 minutes. are clearly spending that $200 billion, juvenile offenders. If in fact they com- and you are spending in excess $100 bil- [Mr. RIGGS addressed the House. His mit these types of crimes, put them in lion further in reducing the debt. With- remarks will appear hereafter in the a boot camp and make them serve a out that $300 billion you would have a Extensions of Remarks.] sentence so they will not commit a surplus revenue to the treasury of over crime again or will think twice about f $100 billion. it. The SPEAKER pro tempore. Under a So part of the significant concern is We can make a difference in America previous order of the House, the gentle- reducing the debt, ratcheting it down, in this Congress. We can get tougher on woman from Texas [Ms. JACKSON-LEE] much like an individual does on a 30- criminals. We can balance the budget is recognized for 5 minutes. year mortgage. They start paying down and save the Nation from fiscal col- [Ms. JACKSON-LEE addressed the the debt, small incremental principle lapse. But we must act now in the week House. Her remarks will appear here- reductions, in order to bring down that of IRS’ big gulp. Let us get the taxes after in the Extensions of Remarks.] devastating debt burden on our Nation. reduced and Government off our backs. April 16, 1996 CONGRESSIONAL RECORD — HOUSE H3437 TRIBUTE TO THE LATE THOMAS you may not realize is that there may suit looking very official, and these JAMES PETTEWAY have been a meeting before the real two little girls. One of the little girls The SPEAKER pro tempore. Under a meeting in which you were not invited. was making a presentation in the previous order of the House, the gen- It was not long before I too found microphone, and of course she was tleman from Connecticut [Mr. FRANKS] that to be true. dressed in her Sunday best, and she was is recognized for 5 minutes. When the big Republican events a little awed by all of this and she had Mr. FRANKS of Connecticut. Mr. turned out to be events for me, Tom trouble with a couple of her words. Sec- Speaker, Thomas James Petteway was was always there to offer his support. retary Brown nodded very patiently, a civic leader who was needed at his He was not feeling well all the time but went over and leaned over and said time, but he was also a civic leader he was always there. take your time. Just take your time. who was truly ahead of his time. And As a Congressman I frequently made She smiled and finished like a champ. for all of us who knew and loved him, it my point to stop by the West Haven Secretary Brown was, we liked to kid him, he was a property owner in West Tom will be missed by us all the time. Veterans Hospital to see my cousin For his sisters and brothers, in-laws, Tom. And, he was well known there Virginia owning property in the Ca- nieces, and nephews and the many too. naan Valley. But I think what he will cousins, especially those that make up Tom Petteway was a leader in this be remembered for, so much he will be remembered because more people are the branch of the Petteway family, time. Tom Petteway was ahead of his working today in this country because now led by my mother Jenary time. of Ron Brown. There are more opportu- Petteway Franks, we all loved Tom But for those who knew Tom, we are nities for people today in this country Petteway. grateful that he lived during our time. because of Ron Brown. There are more But Tom was easy to love. Family f jobs that have been created in this came first with Tom, And he loved his b 1530 country today because of Ron Brown. family. He as a likable person. He was a The SPEAKER pro tempore. Under a There are more trade opportunities here and abroad because of Ron Brown. good, decent individual. previous order of the House, the gen- The Commerce Department, which Anything Tom Petteway did, he did tleman from Missouri [Mr. GEPHARDT] has been a traditional backwater for it well, And he did a lot. He served his is recognized for 5 minutes. many years, is a thriving vibrant de- country in the Army during WWII with [Mr. GEPHARDT addressed the partment today because of Ron Brown. distinction. He later presided over an House. His remarks will appear here- In so many areas we see his hand and area veterans club. He was an active after in the Extensions of Remarks.] f we are going to miss that guiding hand. member of the community. The testimony of Ron Brown, well, Tom was an active member of the Re- REMEMBERING SECRETARY RON there are so many testimonies, but I publican Party. Back when Tom reg- BROWN AND THOSE WHO PER- know one. As well as being a member istered to vote most blacks registered ISHED WITH HIM of the Democratic Party, he is the one with the Republican Party. Unlike The SPEAKER pro tempore. Under a who put us back on track. He took a many, Tom stayed with the Republican demoralized party and turned it, in Party over the years. previous order of the House, the gen- tleman from West Virginia [Mr. WISE] just a few short years, to one that won I remember white old timers in the the Presidency for the first time in 12 Republican Party telling me stories is recognized for 5 minutes. Mr. WISE. Mr. Speaker, I rise today years. A tribute to Ron Brown is how about Tom Petteway. many of us, how many people who I remember blacks, like Kay Wyrick, to remember still, as we are all still feeling, those who were on the plane came in contact with him called him telling me about the Black Republican friend. Club in which Tom headed at one time. with Secretary Ron Brown. It was a loss that this country feels now and is I was at a meeting in Missouri this Whites and blacks talked of Tom week, Republicans and Democrats with sincere affection and admiration. going to feel for quite a long time. In West Virginia we feel this deeply, alike, as well as foreign parliamentar- But who could not remember his dis- ians, and Ron Brown’s name came up. tinctive voice. Tom was a proud, ar- the lose of the Government personnel, the military personnel, the private sec- And all of us stopped and every one of ticulate, well-educated man whose us had a story to tell about Ron Brown. mere presence was felt by all whenever tor personnel. In addition to Secretary Brown we lost William Morton of Hun- Every one of us wanted to tell that he appeared in a room. story. Every one of us knew him as tington who was buried Saturday in Tom served the city of Waterbury in friends. Ron Brown was our friend. He Huntington, who was long time in- an official capacity as a member of the was a friend of America’s and we miss volved in so many things that made Welfare Board. him. We miss him, very, very much. this country great: political campaigns He served as president of the Water- f bury Chapter of the NAACP during one and working with Secretary Brown in a of the most contentious civil rights pe- number of capacities. THE RICKY RAY HEMOPHILIA riods. He grew up and graduated, went to RELIEF FUND ACT Without any doubt Tom Petteway Huntington High School and went on The SPEAKER pro tempore. Under a distinguished himself as one of Water- to make his mark in so many different previous order of the House, the gen- bury’s leading black civic leaders. areas. I give thanks for his life and tleman from Florida [Mr. GOSS] is rec- Tom Petteway was a pioneer. Tom that of Ron Brown’s. With Secretary ognized for 5 minutes. Petteway was ahead of his time. Brown he was a man of composure, a Mr. GOSS. Mr. Speaker, a majority It was easier for my generation of man of pragmatism, a man of obvious of the House now agrees that we should black leaders because of people like intelligence, and a compassionate man. provide compassionate assistance to Tom Petteway. So many stories that each of us has the 8,000 victims of hemophilia-associ- That is why people from my genera- about Secretary Ron Brown. I remem- ated aids. The Ricky Ray Hemophilia tion need to pause and thank people ber one. He visited Martinsburg, WV, Relief Fund Act—which establishes a like Tom Petteway for blazing the trail at my request somewhere around 2 compensation program for the victims for us. years ago. We had a celebration, he was of this tragedy—now carries 219 bi-par- And, I do that again today. kicking off a compressed natural gas tisan cosponsors. I introduced the When I was starting out in Repub- vehicle caravan. We had bands out Ricky Ray Bill—which is named for a lican politics back in the early there, and there were two little chil- constituent who was 15 when he died of eighties, it seemed as though Tom was dren that were making presentations. hemophilia-associated Aids in 1992. We always at the big events. I still remember that Secretary started with two dozen sponsors. He offered me a great deal of encour- Brown was there surrounded, by Mem- But each week for the past year the agement and he also gave me little tips bers of Congress and the State leader- support for this measure has grown from time to time, like for example: He ship and the city leadership and the thanks to the awesome grassroots par- said you may go to a meeting but what county leadership, and everybody’s in a ticipation of the victims of hemophilia- H3438 CONGRESSIONAL RECORD — HOUSE April 16, 1996 associated Aids, their families and tion to assist the victims and so the these children not just the marginal their friends. These folks have put Ricky Ray bill authorizes the creation cost of bilingual education. If we want- aside their differences, rallied together of a trust fund, administered by the At- ed to save $8–$12 billion, we’d have to and learned to use the legislative proc- torney General, to provide $125,000 in kick these 2.3 million kids out of ess to further their goals. I am ex- assistance to each victim who meets school entirely! tremely proud of their work and pledge strict eligibility criteria. In fact, the Institute for Research in to redouble my efforts to make sure The trust fund would sunset after 5 English Acquisition and Development this bill gets heard during this Con- years, would be capped at $1 billion and Journal, funded by U.S. English, an gress. would be subject to funding through English-only advocacy group, has now Hemophilia is an inherited blood- annual appropriations. come forth and stated that the $8–$12 clotting disorder causing serious inter- Mr. Speaker, the United States has billion figure is misleading. The true nal bleeding episodes that, if left un- yet to set up an assistance program, cost of bilingual education is the addi- treated, can lead to disfigurement and even though more than 20 other na- tional funds necessary to shift from a even death. To help control and pre- tions have done so. Just last month the monolingual English program to a bi- vent such bleeding, hemophiliacs rely Government of Japan and five drug lingual program. The total Federal ex- on blood-products, which are manufac- companies—including several Amer- penditure for bilingual education is tured and sold by pharmaceutical com- ican firms—agreed to provide the $156 million not $8–$12 billion. panies. Because these products are equivalent of $430,000 to each of the es- This week the other body will debate made from the pooled blood of thou- timated 1,800 victims in Japan, with the Immigration Control and Financial sands of people, the potential for infec- the government paying 44 percent and Responsibility Act. During that debate, tion with blood-borne disease among the companies paying 56 percent. an amendment to include an English- those who use them is very high, some- It is time the United States took its only requirement will be offered. It is thing that has been well-known for share of responsibility for what hap- clear from this maneuver that pro- decades. In fact, since the 1970’s, the pened to 8,000 American hemophiliacs ponents would rather dodge a floor hemophilia community has grappled during the 1980’s. Please join the ma- clear from this maneuver that pro- with the serious consequences of hepa- jority of bipartisan support of the titis, a debilitating chronic illness. But ponents would rather dodge a floor de- Ricky Ray Hemophilia Relief Fund bate on a separate English-only bill. in the early 1980’s, a much more deadly Act. villain struck, as nearly one-half of all The administration has recently an- f people with hemophilia in the United nounced its support of the Senate im- States became infected with the virus SEEKING AN HONEST DEBATE ON migration bill, but if English-only lan- that causes aids. Today they are dying THE ISSUES WITH REGARD TO guage is included members of Clinton’s at a rate of about one each day. BILINGUAL EDUCATION cabinet are certain to recommend a Mr. Speaker, we have long argued veto. The SPEAKER pro tempore. Under a I am not pointing these things out in that the Federal Government shares previous order of the House, the gen- responsibility for this devastating situ- an effort to discredit those who are not tleman from Guam [Mr. UNDERWOOD] is being totally honest in their argu- ation, because it failed to respond to recognized for 5 minutes. the early warning signs that Aids was ments. What we seek is an honest de- Mr. UNDERWOOD. Mr. Speaker, bate on the issues, not a war of anec- transmissible by blood and blood prod- today I would like to respond to asser- ucts. During the early years of Aids, dotes and imaginative mathematics. tions that English-only proponents are Let’s stick to the facts and keep fiction repeated opportunities to reduce the making about bilingual education in likelihood of contaminated blood en- out of this debate. their efforts to advance their cause. tering the supply of blood products Yesterday a Member came to this b 1545 were missed. floor to praise Mr. Thomas Doluisio, This conclusion was supported by a 2- I dare say that I am probably the for his fight against bilingual edu- year study, conducted by a distin- only Member of this institution who cation. The Member went on to say guished panel at the institute of medi- has been a bilingual education profes- that the National Association of Bilin- cine. In a report entitled ‘‘HIV and the sional, and if anyone in the House blood supply,’’ the IOM panel con- gual Education officially condemned wants to understand bilingual edu- cluded that the Federal agencies Mr. Doluisio at their 1994 convention. cation at its very basic and grassroots missed opportunities to protect the This information, taken from a Wall levels, I stand open to be contacted. public health because they consistently Street Journal editorial by John Miller f of the Heritage Foundation and Center chose the least aggressive response to PERSONAL EXPLANATION the early warning signs. The report for Equal Opportunity, is not accurate. concluded that the system—which was The National Association of Bilingual Mr. FLAKE. Mr. Speaker, last night charged with protecting the blood sup- Education has never condemned any I missed rollcall No. 117. Had I been ply, ensuring the safety of manufac- individual officially or otherwise, in- present, I would have voted ‘‘nay’’ on tured blood products, and informing cluding Mr. Doluisio. His story may it. the public of risks—failed to deal with have been discussed among bilingual f the relatively well-known problem of educators, but this is a far cry from of- ficial condemnation by a respected na- D.C. EMANCIPATION hepatitis and was therefore unprepared COMMEMORATION SPEECH to confront the crisis of Aids. Mr. tional organization. I am informed that Speaker, the premise behind the Ricky a letter was sent by the National Asso- The SPEAKER pro tempore (Mr. Ray bill is that the Government has a ciation of Bilingual Education refuting COBLE). Under a previous order of the unique responsibility for regulating the the Wall Street Journal article. House, the gentleman from Illinois safety of blood products, based on a There have been other statements [Mr. MANZULLO] is recognized for 5 Federal blood policy and several major made by English-only proponents that minutes. statutes that establish the regulatory I take issue with. One of the state- Mr. MANZULLO. Mr. Speaker, today framework for blood. ments continuously used by English- commemorates one of the most signifi- Members should also understand that only advocates is that bilingual edu- cant events that has ever taken place the legal system classifies blood prod- cation costs the taxpayers $8–$12 bil- in the history of this great country. ucts in a unique way. Even though they lion a year. This figure is inaccurate One hundred thirty-four years ago are commercially marketed and sold, and is an exaggeration of the costs of today Congress emancipated over 3,000 blood products enjoy special status educating bilingual children. The $8–$12 slaves owned by residents of the Dis- under the so-called ‘‘blood shield’’ laws billion is the total cost of education for trict of Columbia. This city’s slaves of every State, which protect against children who are limited English pro- were the first to be freed in our coun- product liability lawsuits. ficient, not just students being taught try—9 months before President Abra- Given these facts, we have concluded in bilingual programs. Furthermore, it ham Lincoln’s Emancipation Procla- that Government has a unique obliga- multiplies the total cost of educating mation took effect on January 1, 1863. April 16, 1996 CONGRESSIONAL RECORD — HOUSE H3439 Sometime in the early 1860’s, while was an extremely moving event. Read- sponsibility is to pump out more rules this Nation was embroiled in a civil ing these words, Loretta’s knees buck- and regulations and justify their bu- war, a conversation took place between led and she turned to me and said: ‘‘I reaucracy and their rulemaking abil- Senator Charles Sumner of Massachu- have to sit down because of the maj- ity. So we have seen that bureaucracy setts and President Abraham Lincoln. esty of seeing one of the original drafts grow. In 1972, we did not have 47 of the Sumner asked the President, ‘‘Mr. penned by Abraham Lincoln.’’ 50 States that have full-blown environ- President, do you realize who is the This is one of the few documents Lin- mental protection agencies. Almost largest slaveholder in the United coln signed with his full first name, every city, every county, every State States?’’ The President had to think, ‘‘Abraham’’. Lincoln did this because has full-blown authorities. and the Senator said, ‘‘It is you, Mr. he wanted these two documents, the Let us look at the programs that President.’’ two Emancipation Proclamations, to they talk about, the gentleman from At the time there were over 3,000 be among the most remembered and re- New Jersey came back and talked slaves in the District of Columbia who vered of everything that he signed into about. Do these programs work? Are we were stuck in slavery and bondage and law as a President. Listen to these making polluters pay? Look at this could be freed by an act of Congress. words: headline from 1993: ‘‘EPA Lets Pollut- That conversation began a monu- That on the first day of January, in the ers Off Hook.’’ So polluters are not mental epic in the history of this coun- year of our Lord, 1863, all persons held as paying under the current law. So this try. Within a short period, the House of slaves within any State or designated part of misinformation is incorrect. Representatives and the Senate passed a State, the people whereof shall then be re- legislation, and on April 16, 1862 Presi- manded as the United States, shall be These are the facts. Now, of the sites dent Lincoln signed the D.C. Emanci- thenceforward and forever free. that we have in Superfund, a program pation Proclamation. f which was well-intended, are we clean- Mr. Speaker, let me read to you from ing up the Superfund? Wrong. Look at REPUBLICANS CARE ABOUT THE the number of sites. We have over 2,000 a history of the Nation’s Capital writ- ENVIRONMENT ten by M. Bryant in 1960 that explains sites, and only a handful have been the significance of the D.C. Emanci- The SPEAKER pro tempore. Under a cleaned up at great expense. So we are pation Proclamation. He said: previous order of the House, the gen- not cleaning up the sites, and that is tleman from Florida [Mr. MICA] is rec- The proclamation brought to a close an according to GAO reports. They do not issue about which the anti-slavery Congress ognized for 5 minutes. want to deal with the facts. Then a had raged for years. As well as placed on the Mr. MICA. Mr. Speaker and my col- GAO report that was released in 1994, it statute books the preliminary measure of leagues, I took to the floor earlier says: ‘‘Are we cleaning up the sites what proved to be national policy that would today in response to charges from the that are most hazardous to public not merely destroy the chains from the other side. health, safety and welfare? And the an- slaves, but raise them to civil and political With Earth Day coming up, the other swer is no.’’ equality. side is bashing Republicans. Repub- The report says EPA does not use That was done with an act of Con- licans are going to hurt the environ- risk to set priorities. You know what gress. ment. They send an incorrect message drives the cleanup? Political pressure. The Congress could not really set to the American people. Let me take, if That is what this report says. That is free the slaves in the District of Co- I may, a few minutes and set the record what Republicans are trying to change. lumbia though. What Congress did was straight. We say why pay more and get less? to recognize what God intended from First of all, probably most of the Superfund is a disaster. You know who the beginning: that all men are created Members and the young people who gets the money in this? The lawyers equal, and all men are created free. All have come here to serve in Congress do and the people who do studies. About 80 Congress could do was to recognize not realize, Mr. Speaker, that in fact percent of the billions of dollars that that which God had intended. the Environmental Protection Agency Abraham Lincoln affixed his signa- are expended on these programs go to is a Republican idea. It was started and the lawyers and the studies. ture to that great document. That proposed by President Nixon in 1972. began the pealing of bells in the Dis- But the idea was not to create a huge Mr. Speaker, I sit on the committee trict of Columbia. The pealing of the bureaucracy. The idea was to set some that oversees EPA. You know who does bells said the Nation’s Capital shall no national standards, because Repub- the studies? Another report by the longer be a stronghold for slavery. licans want clean air. Republicans General Accounting Office showed that Here are the words of the document want clean water. Republicans want the largest percentage of contractors that was the precursor of the Emanci- clean land. We have children. We are former EPA employees. An incestu- pation Proclamation: breathe the air. We drink the water. ous relationship. So this is what they Be it enacted by the Senate and the House We want our children to inherent a want to keep. They want to keep the of Representatives of the United States of land that is environmentally protected pollution. They want to let the pollut- America, in Congress assembled, that all and clean and secure. ers off the hook. They do not want the persons held to service or labor within the sites cleaned up that are hazardous to District of Columbia by reason of African de- So it is a Republican idea that we are talking about. But the idea was not to our children and our future. They want scent are hereby discharged and freed of all to pay more and get less. They want claims of service of labor. From and after pay more and get less. In fact, the Re- passage of this Act, neither slavery or vol- publican idea was to set some national the attorneys and these fat cats from untary servitude shall hereafter exist in said standards of regulation. But let us look EPA who have gone into the private district. at what has happened. Just take a sector to keep milking the cow because Those were the words. minute and look at this. Since today, the taxpayers are paying. This is what Nine months later he did something we have 18,000 Federal bureaucrats in the argument is about, and the Amer- else quite significant. Spurred on by the Environmental Protection Agency, ican people and this Congress must lis- Congress to set the slaves free in the not to mention thousands of contract ten. District of Columbia, President Lin- employees, and their job is to pump out Republicans care about the environ- coln, by Executive proclamation, is- rules. ment. Republicans care about the land sued the Emancipation Proclamation. You think they might be in my State and the water and the air we breathe. Two years ago, I took to the Library of of Florida, but in fact they are scat- The thing is, we are not getting our Congress my family and Loretta Carter tered throughout 10 regional offices money’s worth. The thing is, people are Hanes—the wonderful lady who, along and 1,000 at a clip there. Then here in out there busting their buns to send with her son, Peter, has revived the Washington, DC, we have 6,000 EPA money to Washington, and this is D.C. Emancipation Commemoration employees within almost speaking dis- where the billions are going and the ceremony in this city. There, we read tance of my voice. hazardous waste sites are not being the words of one of the original drafts Mr. Speaker, we have 6,000 EPA Fed- cleaned up and priorities are not being of the Emancipation Proclamation. It eral bureaucrats who, again, their re- met and promises are not being kept. H3440 CONGRESSIONAL RECORD — HOUSE April 16, 1996 THANK YOU TO MY WIFE because I got a 10th grandchild. And I I believe there are a number of im- The SPEAKER pro tempore. Under a woke up this morning to my grand- portant issues this body needs to ad- previous order of the House, the gen- daughter handing me Molly Dornan, dress. The long-established ways of tleman from California [Mr. DORNAN] is looking at that beautiful, precious providing medical care for soldiers, recognized for 5 minutes. face. We have had all 10 grandchildren military retirees, and family members Mr. DORNAN. Mr. Speaker, my col- together for the first time over this are changing. As the bond with Korea’s leagues and the broad C–SPAN audi- Easter week, and I am just over- soldiers for lifetime medical care is ence of a million people or more, some- whelmed that I have so many blessings being redefined, the historic promise of times a million and a half when we are from God to account for an to never re- free lifetime medical care is coming having a hot debate here on public pol- tire, to just find some way to serve my face to face with the fiscal realities of icy, I watch in 1-minute speeches at fellow Americans. the post-cold war. the beginning of some days hear Mem- We spent Saturday all day at Mount The most significant change in mili- bers from both sides of the aisle get up Vernon. What an inspirational point in tary health care is the introduction of and proudly talk about a little league American history, the birthplace of the TriCare, the Defense Department’s re- team, a professional basketball team, a Father of our country, first in war, gional managed care program. It is my professional baseball team, or some first in peace, and first in the hearts of understanding that TriCare is intended worthy American citizen in their dis- his countrymen. to provide high-quality, low-cost, suc- trict who has passed away who lived a b 1600 cessful care to dependent and retiree great life and contributed to the over- beneficiaries by partnering with civil- all greatness of our country and to the That was the first time I would be ian sector health care providers. The benefit of their fellow citizens. But back to Mount Vernon since my dad change has begun in selected areas of today I rise to do that very thing for took my two brothers and me there in the United States and is scheduled to someone very close to me, my wife. 1941 in the summer, right before we be fully operational in the continental Today is her birthday, but it is also our were drawn into World War II, and I re- United States and Hawaii by 1997. 41st wedding anniversary. Last year it member those 8-year-old boyhood As we closely watch TriCare evolve, was the day that I declared for Presi- memories of the beautiful vistas of the it seems that several outcomes appear dent in the city of by birth, the island Potomac, but I did not remember the apparent. Throughout the transition, of my birth, Manhattan, in New York house, and what a humble way, in spite Congress will examine TriCare closely, City. of the dark clouds of slavery over that and alternatives to TriCare will be con- It was Easter Sunday last year, the plantation and that Washington freed sidered if problems of access and cost 16th, and we went to mass in the beau- his slaves on the death of his wife, escalate and TriCare is unable to pro- tiful cathedral where I was baptized, which happened 4 years after his own. vide a uniform benefit. the seventh largest church in the He died at age 67; Martha died at age Mr. Speaker, at this time I would world, St. Patrick’s Cathedral in New 70. like to yield to the gentleman from York. On that beautiful Easter Sunday, But you walk through those small Georgia [Mr. NORWOOD]. we went up to the baptismal font where bedrooms, wooden floors, looked at the Mr. NORWOOD. I thank my friend I became a Christian and we retook our bed where George Washington died, and from North Carolina, and I am honored wedding vows, and this last year has thought what great dreams he had for to share this time with you. been one of the most exciting, delight- this country, this man of character, Mr. Speaker, we are grateful for the ful years of my life, running, fulfilling how far we have fallen in some areas, opportunity to bring to you a very a boyhood dream for the Presidency of then the promise that Washington, complex subject, and I hope that we this great United States. Adams, Jefferson, Madison, the Father can bring this down to a point where Mr. Speaker, I just want to thank my of our Constitution, Abraham Lincoln, the people understand what we are wife for putting up with an Air Force fighting Teddy Roosevelt; all these talking about in terms of a national fighter pilot who ejected twice, saved a Presidents, so many of them general problem and by bringing it to you on a couple other aircrafts, landing in dan- officers that were shot and wounded in very local level. gerous conditions without any power, combat. Now, I want to say up front I have dead-sticking, almost lost at sea once, Washington, when he was with Brad- the highest praise for the Department traveling around the world in dan- dock, was 1 of only 4 officers out of 100 of Defense medical care system. In my gerous areas. The plane that killed our that were not wounded. Thirty-eight of district, the Eisenhower Army Medical Commerce Secretary Ron Brown was them were killed, and he said only by Center is an outstanding example of the very airplane that Mr. CALLAHAN God’s hand was he saved, and he was 23 how the Department of Defense pro- flew on not 4 weeks before, 3 weeks and years old and he wondered why. vides the highest quality medical care 6 days before. Four times I flew with Mr. Speaker, that is what I wondered to its military beneficiaries. However, that same wonderful Air Force crew. when I bailed out of the jet the second with the military drawdown, this has About seven of the eight on that crew time at 23, wondered why did God keep forced many of our military families were with SONNY CALLAHAN’s crew and me around, and hope I am not dis- and our retirees out of the military BOB STUMP of Arizona and myself. appointing anybody. I will continue, hospitals and clinics. Under the new Great, fine young people. Mr. Speaker, to keep fighting for faith, DOD medical management care sys- We flew into some dangerous fields, for family, and for freedom, and again tem, now called TriCare that you re- Tuzla, in a snowstorm, Sarajevo in a I thank my wife on here birthday for 41 ferred to earlier, many of these bene- snowstorm. That could have been me. wonderful years. ficiaries are treated by civilian medical It could have been six Members of this f and dental care providers through the House instead of 24 CEO’s, 35 people use of managed care contractors. DOD MEDICAL AND DENTAL overall, including Ron Brown. But it is Now, the intent, I believe, of the De- SUPPORT CONTRACTS not easy being married to someone partment of Defense is to use these that is living a life of adventure and The SPEAKER pro tempore (Mr. contracts to be sure that our military trying to serve his fellow countrymen, COBLE). Under the Speaker’s announced retirees and our active-duty depend- giving up wonderful opportunities in policy of May 12, 1995, the gentleman ents have access to care, and quality of media to make a lot of money and still from North Carolina [Mr. JONES] is rec- care, but at the same time manage the contribute significantly. ognized for 60 minutes as the designee health care costs; in other words, try I just want to thank my wife, Sally of the majority leader. to bring that cost down. Hanson Dornan, for putting up with me Mr. JONES. Mr. Speaker, I rise this Now, if this is done well and prop- for 41 years, giving us five beautiful afternoon along with my colleague erly, I believe these managed care con- children, all of them charging conserv- from the State of Georgia, Mr. NOR- tracts can successfully augment the atives of principle. WOOD, to talk about our military outstanding care that is now being pro- This year, on the eve of the Iowa de- health care system, specifically to dis- vided in our military hospitals and bate, I won the Presidential election cuss TriCare and its implementation. dental clinics all over the country; in April 16, 1996 CONGRESSIONAL RECORD — HOUSE H3441 fact, the world. But if this is done poor- Within a few days of this, after last Well, when I came back to Washing- ly, the effects on the military bene- month’s TriCare hearing, articles ap- ton, I met with my military person, ficiaries could be devastating, and I peared in each of the Army, Navy, and and we started looking into this mat- think we are going to see some of that Air Force Times which described ac- ter, and in addition to what I heard as we go through this today. cess problems with the new contractor when I was in Jacksonville, also these These medical and dental contracts of the TriCare family member dental dentists were telling me, and, CHARLIE, are worth billions of dollars to civilian plan. they have been doing work with the managed health care companies. The Now, that is about to get into where military for years and years, and they financial advantage to these companies we are going. were telling me that they were being in securing a DOD contract is clearly This program provides comprehen- threatened that if you do not buy into very obvious, and we must insure that sive dental benefits to dependents of our contract, we will put our own den- the value of the services that they pro- active-duty personnel and has histori- tists down here in Jacksonville to pro- vide is equally as obvious to our mili- cally been one of the Defense Depart- vide the dental service. tary beneficiaries as well as to the ment’s most popular and successful So this is what really made me very American taxpayers, and at this time health care programs. upset because again my concern is for the General Accounting Office and the The problems reported in these arti- the dentists, but also my concern is for Congressional Budget Office are not cles certainly raise questions about the military and the retirees, and what convinced that the TriCare program whether DOD’s confidence in the proc- I was trying to do, and the reason you can do what it is supposed to do in its ess it claims to have made in the area and I developed this relationship on current form. of procurement reforms is truly justi- this issue, is because you and I both Serious, serious questions have been fied. These reports strongly suggest share the concern with what the De- raised in congressional hearings about that the very problems GAO found with partment of Defense is doing. And I TriCare medical procurements may questionable procurement procedures, would appreciate if you would share now extend as well to the dental con- uncertain budgetary projection, unre- with me and those that might be solved compliance violations by con- tracts. Now, we want to try to discuss this watching us this afternoon a little tractors. Last August, just last August, afternoon a case where our fears about background on how DOD decided to go the GAO stated that the members of TriCare are real, happening to real with Concordia, and my concern is that the DOD source selection evaluation Americans, and I am talking about a DOD is not, does not, have the proper board, and I will quote, ‘‘have little or oversight on the actions of Concordia TriCare dental contract in Mr. JONES’ no experience with private sector man- district where patients, meaning mili- as they are, in my opinion, intimidat- aged care plans and thus have dif- tary dependents and retirees as well as ing many of the dentists in my district. ficulty distinguishing among offenders the dental providers, are living a pure Mr. NORWOOD. If the gentleman who can perform effectively in the pri- nightmare. would yield, Congressman JONES, you vate sector and those who are less ef- I would ask my colleagues if he wish- have been hearing a lot, I know, from fective insuring quality care and con- es to tell us a little bit about what is your constituents back home, and I trolling costs.’’ happening in Jacksonville, NC. have been hearing a lot from some of Now, that is what the GAO said. At a Mr. JONES. Well, I really appreciate your constituents, too, because I prac- congressional hearing last month that having this opportunity, knowing of ticed dentistry for 25 years, and I think Congressman JONES and I were both your background and your interest in they know and realize that I can under- able to attend, the Assistant Secretary providing for adequate medical, both stand what the problem is. of Defense for health affairs was unable health and dental, plans for our mili- Concordia is a managed care com- to list any substantial improvements tary and retirees. You and I share this pany. There are no health care provid- in the way medical and dental managed same commitment to our retirees and ers there. They are managed care en- care contracts are procured since that to those serving on active duty and to trepreneurs, and as a Department of last GAO report. The GAO revealed un- their families to make sure that they Defense put out bids to see who would resolved concerns about the abilities of get the very best medical care, both manage the dental care for all of the DOD to evaluate the effectiveness of physical and dental. Nation’s retirees and so forth, TriCare programs and to measure the I will have to say, back in, I guess, Concordia bid on it. Now Delta dental performance of the TriCare contrac- January of this past year, I happened plans had been running the same type tors. to be down in Jacksonville, which is of contract for something like 8 years; Now, this is going to be very impor- the home of Camp Lejeune Marine my understanding is all, if not most, of tant, I say to the gentleman, Congress- Base, and we are very proud to have the dentists in Jacksonville were man JONES, as we get into our story Camp Lejeune in eastern North Caro- signed up with this particular managed here to show how this is actually hap- lina, particularly in my district. care company, and it is a discounted pening. An earlier Congressional Budg- Well, a group of dentists wanted to fee, and everybody seemed to be pretty et Office estimate suggested that talk to me, and I will be very honest happy in that area with Delta dental TriCare will increase DOD’s cost of with you, I was very unfamiliar with plan, and I will have to tell you this health care delivery, says it will in- the dental plan because it was some- thing with Concordia is not just in crease the cost of health care delivery thing new. I think the Concordia is North Carolina, but it is nationwide. despite the statutory requirement that now the provider of this dental plan, This is a $1.7 billion contract. TriCare not raise Government costs. and in the past, and I hope you are in Now that interests entrepreneurs. In addition, CBO projects that DOD touch with this in just a couple of min- That is a lot of money. Yet Concordia, will not be able to meet its congres- utes, Delta had been the provider. by most measures, would be considered sional mandate of offering beneficiaries Well, according to these dentists that a very small company, and they were a more uniform and stable benefit na- I met with, they had a tremendous con- interested in this contract for a couple tionwide. cern about the fact that they were of reasons: No. 1, if they get it, then Now, we are going to lead into all going to have to provide this dental that would put them into a position to that when we talk about one little tiny care with a less fee, and they had it go nationwide, and in the long run we town in this country. well broken down and documented as are talking about lots and lots of Despite these findings, an article in to the amount of money that it cost money. the December 27, 1995, Washington Post them to provide adequate medical care b noted that the Foundation Health to the military family and the retirees, 1615 Corp., which is a TriCare contractor and the fact that Concordia was asking Concordia came to the dentists in that manages 5 of the 12 TriCare re- them to take a very, very significant Jacksonville, NC, I think there were gions now, pays its chairman and CEO decrease, and they were showing me about 40 in a town of about 75,000 peo- an annual salary of $6.1 million. This is with documentation how they could ple, all of whom or most all of whom the highest paid or compensated health not afford to provide this dental care are connected with the military, either care executive in the United States. for the military at Camp Lejeune. retired, one way or the other. These 40 H3442 CONGRESSIONAL RECORD — HOUSE April 16, 1996 dentists were already treating the peo- Concordia, if you will let me use this to pay x dollars, Concordia does not ple from LeJeune and in the area of word, seemed to come in there in a mind changing that code so it will pay North Carolina. They came to these very roughshod way to say, ‘‘You ei- fewer dollars. In other words, that is guys and said, ‘‘We won the bid. We ther buy into our plan, or we are going another way for them to make up for would like for you to come work for to hurt your business by putting our the fact that perhaps they underbid us.’’ own people in.’’ this contract. They said, ‘‘We have been doing this If you do not mind touching on that, There have been unresponsive and for a long time with Delta Dental. I think you might have just a moment most certainly uninformed service rep- What do you have?’’ Concordia said, ago, but do you not see a problem with resentatives causing delays in treat- ‘‘We want you to sort of do the same a company that has been OK’d, so to ment and delays in claims processing. thing, but we are going to have to cut speak, or approved by the Department It has gotten to the point where there your fees by 20 percent, 20 to 25 per- of Defense going into a community are just hostile relations down there cent.’’ that has welcomed and loved the Ma- between this managed care company— The problem with that that rine base, it has been there for years and again, that is not people who do Concordia should have known is that and years, and then they come in and any type of treatment, they are man- most dentists practice with an over- say, ‘‘If you do not accept our fee aged care, they are health care entre- head of about 70 cents. Another way to structure, which is quite a reduction preneurs—and the providers. say that, for every dollar that comes from what you had previously, if you Mr. JONES. When the gentleman has in, the dentist gets to keep 30 cents of do not follow our orders, then we are approached the Department of Defense, that dollar. Then he pays 15 cents of going to go in direct competition with I know the gentleman mentioned in his that to the Federal Government. you.’’ Is that any way to build rapport earlier statement that we did have a Concordia comes in and says, ‘‘We are in a town where you have a military fa- hearing in one of our military commit- going to take 25 cents out of that dol- cility as important as Camp LeJeune? tees and this subject did come up, but lar,’’ which means there is no way they And not only the providers or the pa- knowing that you have done an exten- could do that. They cannot make a liv- tients, none are happy with a situation sive amount of work, you and your ing, they cannot stay in practice. It like that, but my understanding is staff along with my staff, will you tell particularly affects a smaller town like they threatened to come into town, me what your response has been from this, because all of their patients are build a new clinic and import people the Department of Defense when you wrapped up and already involved in from outside, in effect closing down 40 say. ‘‘What in the heck is going on?’’ this. families, 40 offices in town who had Mr. NORWOOD. Mr. Speaker, we Concordia put this to the dentists been there doing the right things all have been assured that everything is and the dentists, as I understand it, these years. wonderful, that everybody is doing ex- simply said, ‘‘Sorry, we can’t do this. It is also my understanding, and it is actly what they need to do, that pa- We can’t make a living. We can’t offer a pretty clear understanding, that tients will have all the access to care any kind of quality of care. We cannot there is a real effort by Concordia to that they possibly want, and that there do it.’’ So none of them have signed up. characterize the local dentists as self- are really no problems. I do not know if Concordia underbid ish and uncooperative and unwilling to You know, I want to just point out a Delta Dental to get the contract so accept a discounted fee. But they have little small inconsistency in that. DOD they could grow nationwide. I do not been doing that for the past 8 years says that the Concordia dental net- know what they did in terms of their with Delta Dental. The difference is work is adequate, meaning there are bid. But they have gone to the provid- that Delta Dental was paying them enough dentists to provide the care ers of health care and said, ‘‘We can’t enough to make a living and they could that the patients need. Since the size pay you enough for you to make a liv- still offer a good quality of care. of this network determines access, ing,’’ and the providers of health care The problem here, WALTER, as I see it which you mentioned and I mentioned, in North Carolina said, ‘‘Sorry, we is that the Department of Defense, in which is so important, that bene- can’t be involved in that.’’ Then comes fact CHAMPUS, selected this company, ficiaries have to dental care, how did the pressure. Your constituents are Concordia, Inc. This company has come the DOD determine what constituted getting pressure from a big insurance under serious fire from patients and an adequate network? company that is hired by the Depart- providers since it replaced Delta Den- The previous dental provider was ment of Defense. That is how then we tal earlier this year. Delta Dental. When they were first get involved. We think, and we are looking into granted the contract from DOD, Mr. Speaker, it is not just the Jack- this, as you are, too, but we think CHAMPUS determined that their exist- sonville dentists. They are not alone in there are certain deficiencies going on ing national network, they had 90,000 the rejection of this Concordia man- in the Concordia contract which I al- dentists, and CHAMPUS said, ‘‘That is aged care company. The previous con- luded to when I opened. The Congres- too small.’’ They required Delta Dental tractor, Delta Dental, had a provider sional Budget Office alluded to it, too, to go out and hire more people to work. network across the Nation of 113,000 that we basically do not have oversight Concordia stated that their goal for dentists. Only 33,000 of that 113,000 of a situation like this. an adequate network was only 40,000 agreed to sign up with Concordia. The Concordia has not been able to estab- dentists. To date, they have really been Jacksonville dentists shared the opin- lish an adequate provider network, able to only sign up 33,000 from the ion of the other 80,000 dentists across meaning they do not have enough den- Delta Dental network plan of 113,000. the country that will not sign up with tists working for them. Therefore, the Yet, Concordia claims, ‘‘That is small Concordia because it is purely unac- patients, the military dependents and enough to take care of all the pa- ceptable. You cannot practice that retirees, do not have as many choices. tients.’’ I am saying that somebody way. They do not have access to patients, needs to oversee Concordia. Mr. JONES. Let me ask the gen- which is one of the very first things the Mr. JONES. Mr. Speaker, I want to tleman, before he became a Member, Department of Defense said they want- touch on a couple of areas the gen- since he was a dentist, is it not true ed to make sure that we had. tleman has mentioned, but I want to that the dentists, and you explained Concordia has inadequate claims share with him a letter that we re- this 30 cents out of a dollar, I believe services, creating, really—that causes ceived several months ago from a den- you said, they work on a very tight a serious financial crisis, not only for tist, and I will not give his name. It margin, so many times these dentists, your patients, but also for the provid- says: even though they might have been in ers. They have been accused of making changes in the procedure codes during My opinion is that the schedule of allow- business for 10 or 12 years, they still ances known as fees paid by United owe for equipment, they still owe mon- claim processing. Another way of say- Concordia is too low to be profitable. My in- eys on the facility itself. ing that is that they go in, and if a pro- come is solely derived from my fees. I get no So the concern that I had when I first vider puts a particular code down for a subsidy from the government. These United heard about this was the fact that particular procedure that is supposed Concordia fees are 20 to 33 percent less than April 16, 1996 CONGRESSIONAL RECORD — HOUSE H3443 the fees paid by the old administrator, Delta. less than one of their participating oversight over situations like this, be- A reduction of fees of this magnitude reduces dentists.’’ cause we are talking about the tax- my profit by 60 to 82 percent. I cannot afford So your point about our concern payers’ money. We are talking about to see these patients at such a loss. should be for the dentists, and also it providing good health plans for our In addition to the fact that dentists certainly should be for those in the military and our retirees, and we all should not be expected to stay in busi- military and their families, and again, know that we are talking about the ness if they cannot make a profit, no this is why I really appreciate you join- taxpayers’ money, and you said again, one can in America, the problem that I ing me this afternoon, because this is a I keep using this, $1.7 billion contract. have is that, again, not only are our very serious problem in my opinion, Let me share this also with the gen- dentists, in my opinion, being treated and one that, thank goodness for peo- tleman from Georgia [Mr. NORWOOD] unfairly, but the fact that we do not ple like you, and I want to say my and also those that might be watching. have the network to service those at staff, the fact that we are willing to This is a quote from, again, a news ar- the base and their families and the re- look into a firm that could receive $1.7 ticle. I want you to know that I give tirees. We have a real serious problem, billion, and that is with a B, billion credit to the news article, because CHARLIE, and I am delighted that you dollars, $1.7 billion, and yet we have so these are not my words but the words are so involved in this issue. We have a many unhappy, dissatisfied people. of someone else. This has to do with a serious problem, and that is giving ade- Mr. NORWOOD. If the gentleman will statement by a gentleman named Jeff quate care to our men and women in continue to yield further, Mr. Speaker, Album, spokesman for Delta Dental. I the military. one of the questions I think we have to would like to share this with you. Mr. NORWOOD. If the gentleman will ask ourselves is how did Concordia ‘‘But Onslow County is not alone. yield, Mr. Speaker, the gentleman is wrestle away this $1.7 billion contract There are other counties across the totally right. When we do not pay from a managed care plan that had country around military bases without enough to let people make a living, been in business for the last 8 years? dentists signed up with UCCI,’’ which then we may be assured access will be Did they bid less? Did they bid so low again is United Concordia, said Jeff affected, and so will quality of care. that they cannot pay the providers Album, spokesman for Delta Dental. Then I go further with his quote. ‘‘We Those are the three things that the De- enough to sign up, so they can at least believe the criteria specified for selec- partment of Defense says it is inter- make a living? I am not sure. We need tion of a winner in the request for pro- ested in. I hope that they have not to understand these problems. posal did not match the criteria that gone out and accepted a bid just based Concordia assures us that patients seems to have been used in the selec- on who is cheapest. There is more to it are satisfied with their program. That tion of UCCI,’’ Album said. And I fur- than that. is what they said at the hearings. ther quote: ‘‘It appears DOD opted for They say so, too. They say access of Health affairs has no formal plan for the least expensive bid rather than best care is very important, and they say determining patient satisfaction or as- quality of care is very important, but value.’’ sessing contractor compliance. That is Let me read that again, and I want they want it for less money, and the very, very important. who is going to problem in this particular area is they you to comment, if you will. ‘‘We be- oversee this? The only method being lieve the criteria specified for selection want it for so much less people cannot used at this point is to perform peri- make a living, so nobody will join the of a winner in the request for proposal odic spot checks using the participat- did not match the criteria that seems program. Therefore, there are no pro- ing provider list, using trend analysis, viders. to have been used in the selection of or to evaluate complaints by bene- UCCI,’’ Album said. ‘‘It appears DOD Mr. Speaker, I want to remind the ficiaries. gentleman from North Carolina, we are opted for the least expensive bid rather I want to remind Members, this is a than best value.’’ talking about a $1.7 billion, with a B, $1.7 billion contract. I will tell the billion, contract to provide dental care Since you have looked into this mat- Members something I do not under- ter in detail, can you comment on to military families. With this con- stand at all. tract in billions of taxpayers’ dollars, that? Do you think that the bid process b Concordia, which is a small, regional, 1630 was equal to what Delta had been managed care company, is going to Prior to having TriCare, the health asked to bid on before? Mr. NORWOOD. No. And, more im- transform itself into a major national care of our military, the dental care of portantly, maybe I do not believe it player in the emerging dental care our military was left up to the com- has been, but neither has GAO or the managed care industry. The potential manders at local military hospitals. Congressional Budget Office. I talked for rapid corporate growth and huge fu- Why does Health Affairs not allow about that when we first started. local dental commanders and regional ture profits for Concordia is stagger- In their hearings before us, they had dental service support area command- ing. The question remains: What will made more than a few comments about ers to have oversight authority over the American taxpayer and our mili- the fact that they were not sure we had Concordia? I do not understand that. tary beneficiaries receive in exchange this together enough yet, and what we Once CHAMPUS selects a contractor, for a very lucrative contract? are doing is we are making sure now, Mr. Speaker, the contractor is respon- Mr. JONES. Along these lines, Mr. because we have rushed into this and sible only to CHAMPUS and DOD Speaker, I want to read a newspaper perhaps did not take the best contract. Health Affairs. article, just a couple of quotes from We have got our military retirees, our Currently dental commanders do not this article, one being from a dentist in active duty dependents that do not have the official oversight authority New Bern, NC, which is Craven County, have access to care. Their care is going over Concordia. That is not true in the adjacent to Onslow County. up. I cannot speak to the quality, but It says: Dr. Jim Congleton has not medical side of the house, where the one has got to question it when you signed with United Concordia. He said medical commanders, they are called start reducing the dollars in it. that he wished the company had been lead agents, they have oversight au- We have got these, and then we have more honest and open in developing the thority over TriCare contractors, and got other citizens, small business peo- dental plan which they are offering to they are responsible for ensuring that ple who have a small office. They are military dependents. the contractor is complying with the being attacked by this giant insurance In addition to that, let me share a terms of the contract. company saying, comment by a dependent. ‘‘Military de- Who is responsible here to be sure You better come to work for me because I pendents are not happy with this situa- that your constituents in Jacksonville, put out a $1.7 billion bid and I can’t fix teeth. tion. Our costs are going to go way NC, have a good deal? I’ve got to have dentists to do that. You guys up,’’ said Jeannette Coulsey, a military Mr. JONES. That is why I sincerely come to work for me, or we’re going to spouse. ‘‘UCCI says if no dentist in the appreciate your joining me in this ef- spread your name around town as being un- area signs up, or we see a dentist who fort to find out what we can do to help selfish or unwilling to cooperate. is not in the plan, United Concordia correct a very bad situation. I am like That is hard to take for a small busi- will pay the dentist 10 to 12 percent you. I do not know why we do not have ness, and that is what a little dental H3444 CONGRESSIONAL RECORD — HOUSE April 16, 1996 office is. They are being picked on by the intent of the Department of Defense. I very helter-skelter. We have dentists this giant conglomerate of insurance know this is also happening to numerous that have not been treated fairly in my companies, where they are trying to other colleagues in the Jacksonville area. opinion, we have patients who have not force them to come to work and not be Mr. JONES. Mr. Speaker, I think it is been treated fairly in my opinion, and able to make a living. Then they have worth restating. Would the gentleman I am delighted to hear these four or done worse than that. We will get into from Georgia [Mr. NORWOOD] tell me five points, because if there is anything that in just a minute, too. again how many dentists were in the I want those that might be watching to Mr. JONES. It is our responsibility network when Delta had the plan ver- fully understand in fact that this new to oversee the spending of the taxpayer sus Concordia today? majority, we understand making Gov- dollar, you and I and other Members of Mr. NORWOOD. Delta Dental had ernment more efficient. Here we have the House. It is our responsibility to be 113,000 dentists in their network na- got a dental system that in my opinion sure whether it is DOD or another tionwide. Concordia has said, ‘‘Well, we is not efficient and is not serving the agency that they are getting their can do it with 40,000.’’ That means less people it was intended to serve. When money’s worth. Certainly the taxpayer access. They have only been able to you think about our military, these are needs to get his or her money’s worth sign up 33,000. Eighty thousand not men and women that were willing to and certainly our military needs to be willing to sign up and work for noth- sacrifice their life, and they should not treated fairly with the best plan pos- ing. be denied dental care. Yet we have our sible for the money. What I have gath- I want to present to the Speaker dentists as we have said, I am being a ered from the last 20 or 25 minutes that some corrections that I think that little repetitious but I want to repeat we have been talking from your com- DOD Health Affairs really has to bring it again, they are taxpayers, American ments as well as mine, that we feel out and deal with, because this is just citizens, and here we have got the Gov- that they are not getting their dollar’s the beginning. They have not even ernment through this Concordia group worth and you just said about the den- awarded the contracts all across the working against the taxpayer who is tists, and this probably appalled me as country yet. This is just the beginning. paying for this $1.7 billion plan. much as anything. When I had dentists So if I could, Mr. JONES, I would like to So I am delighted to join you, and I and, I want people to remember, these list a few things for the record because am sure you will have many others as are taxpayers of America. we are going to bring it back to them you go forward with these four or five Mr. NORWOOD. That is right. in other ways as time goes on. points that you think would help with Mr. JONES. These are taxpayers. Yet First of all, DOD must establish a oversight as it relates to dental care they have a company that comes down full-time oversight board to monitor for our military. and threatens their livelihood and complaints of the Concordia contract, Mr. NORWOOD. If the gentleman says, ‘‘If you don’t join our group, which are numerous. They must au- from North Carolina [Mr. JONES] would we’re going to take your money, be- thorize local dental commanders and yield further, as we are headed toward cause you’re a taxpayer, we’re going to regional dental service support area conclusion, I want to point out another spend your money and put you out of commanders. That means the colonels thing that has happened in this con- business.’’ and the majors and the captains and so tract that drives me crazy. It is one of Mr. NORWOOD. Some of your con- forth that are working in the different the reasons why the American people stituents who are dentists have been armed services clinics around the lose faith in their Government. It is writing me and I am going to take just world, we need to let them exercise one of the things that I think make a minute, Mr. JONES. I want to read some oversight over this Concordia people dislike a strong Federal Govern- two paragraphs, but it says so much. program. In the same manner, by the ment. This is a 10-page letter that lays out way, as the TriCare lead agents and We have talked about this great big lots of the problems. Just two para- medical facility treatment command- insurance company spreading bad in- graphs. ers have over TriCare contractors. formation around this small commu- He says: Third, we need to establish a meth- nity of 70,000 people about the provid- You may correctly assume that I have odology for measuring the effective- ers because the providers won’t come much better things to do with my time than ness of the Concordia program to pro- to work for them for nothing. Then we to argue with and complain about a govern- vide access, choice, and quality of care, ment contractor that is not performing as are talking about this large company not just how much cheaper is it. Estab- that then says to the providers, the specified. My full attention should be given lish an effective means to receive com- to my patients and their families, my staff, dental care providers, ‘‘Well, if you my practice and my family and friends. The prehensive input from beneficiaries on don’t come to work for us, we’re going amount of effort I have given to this issue patient satisfaction. In other words, to close you, we’re going to build this never should have been necessary but I will how do the patients feel about this. big office in town and import people do whatever it takes to protect my patients That is who this is all about and that from out of town to take care of it.’’ and my practice and to make sure everyone is who this is for. But the icing on the cake to me is gets a fair deal. I do not believe that the We need to issue a, quote, cure notice now Concordia, this big insurance com- United States government is getting what it to Concordia, require correction of con- pany, has called in the Federal Govern- contracted for, optimum dental health for tractual deficiencies within a specified military families through a fee-for-service ment, has called in the Federal Trade dental plan. Indications are that we are en- time. And after an appropriate transi- Commission, and it said, ‘‘Come get tering into an ordeal with Concordia where tion period, give them some time to get ’em, they’re bad guys, they’ve actually only Concordia is benefitting. it right, if Concordia does not live up been talking about what this costs.’’ I will jump off the letter for a minute to its contractual agreements, Health Now, it is perfectly legal for to remind you that they are going to Affairs should issue a cancellation by Concordia to set the price of the cost of get their 25 percent of that $1.7 billion. default order and allow another more dental care across the Nation. But if I bet it works for the company. capable contractor to assume the pro- two dentists in Jacksonville, NC, sit He goes on to say: gram. down to talk about what this does to Because of situations like this, those of us Those are things we are going to their practice and how it affects them, in the trenches work ourselves to the bone have to deal with if, No. 1, we are going we get the Federal Trade Commission and then have to scramble to meet our over- to deal with the patients and your con- lawyers running in at the behest of head. Consider the fact that some of my reg- stituents, and, No. 2, the providers of Concordia. ular monthly expenses are around, say, health care. $50,000 for payroll, without the provider, Mr. JONES. I like those four or five b 1645 close to $19,000 for mortgages of office, $5,000 points the gentleman from Georgia All they got to do is make an allega- for utilities, $12,000 for dental and office sup- [Mr. NORWOOD] made because as you tion. It does not—you are guilty. If plies, and because of a massive need of sup- plies, I have not taken a salary since last said in your comments a few minutes they make an allegation to the Federal September. I have virtually exhausted my ago, there is no oversight. Once the bid Trade Commission, you are guilty until savings and may shortly be forced to sell or process is finished and a company gets you can prove yourself innocent. What borrow against assets. Surely this was not the contract, then this has become does that do to people? Well, it is like April 16, 1996 CONGRESSIONAL RECORD — HOUSE H3445 the IRS running in. The first thing you said, too many times the Federal Gov- leagues. You know, who is going to know is no matter who wins, I lose. ernment, whether it bve DOD or an- help them? They have got a large man- There is no way to win that, because other agency that you were just talk- age care company coming after them you get involved in a lawsuit to defend ing about, comes down with a heavy with all the resources in the world. yourself against the Federal Trade hand or club, as you said, and as long Now they have the Federal Govern- Commission. What does it do? It costs as there are people like you and I and ment coming after them through the you a ton of money to defend yourself. many on both sides of the aisle up here Federal Trade Commission. Who is It costs time. You spend hours and in Congress, we are going to fight for going to be on their side in this? hours and hours answering all the ques- that man, that woman, in our district Well, they are your constituents, but tions that you must answer because that we feel has not been treated fair- they are my colleagues, and I am not the Federal Trade Commission has ly. going to ever let this go until we give come rushing in. No matter there is no If I can before closing, I would like to them some protection down there from point to it. If they are called, they are read, because this is a letter sent to me that big heavy arm of the Federal Gov- glad to run in. I presume that maybe by an Air Force captain on April 1, ernment. they do not have anything else to do, 1996. I am just going to read a couple of Mr. JONES. CHARLIE NORWOOD, I but they are going to go down there sentences to you. It says, ‘‘Dear MR. want to thank you for joining me and they are going to pick on these JONES: As a member of the USAF sta- today. I look forward to joining you on guys in Jacksonville, NC. tioned at Seymour Johnson in your this issue. We are going to right a And this is a managed care company Congressional District, I am writing to wrong before it is over. I promise you using the Federal Government as a big you about the new military dental that. club to make people, small family busi- plan. I attempted to follow my chain of f nesses, come to work for them at abso- command and in doing so determined TRIBUTE TO THE LATE lutely no way to make a living. this is a Congressional issue.’’ HONORABLE RON BROWN I do not know what we should do ‘‘According to Champus,’’ and this is The SPEAKER pro tempore (Mr. about this, but I have been involved in a quote, ‘‘ ‘there would be no change in COBLE). Under the Speaker’s announced this thing once before in my life. Some coverage’ under the new plan.’’ policy of May 12, 1995, the gentlewoman years ago when I was President of the I am just skipping around in this let- from North Carolina [Mrs. CLAYTON] is Georgia Dental Association, the den- ter. tists of Pennsylvania told Blue Cross ‘‘My payments have almost doubled. recognized for 60 minutes as the des- ignee of the minority leader. and Blue Shield, no, thanks, we are not Personally, I would rather pay the Mrs. CLAYTON. Mr. Speaker, on the coming to work for you because you extra $308 per month’’ for the service hillside over Bosnia, this Nation lost 33 that I had prior to this new company. will not pay us enough. By the way, dedicated and committed Americans. ‘‘I am certain that I am not the only that is the parent company of Among those lost was the man we pay Concordia. Now, this happened. I was military member. With this problem tribute to today, Secretary of Com- involved in this. They said we are not with Concordia’s limits being so low, I merce Ron Brown. We pay tribute to coming to work for you because you can hardly blame dentists for not ac- Secretary Brown because, in the finest will not pay us enough to make a liv- cepting the new plan.’’ tradition of America, he gave his life in ing. Let me repeat that again. ‘‘I am cer- service to his country, while perform- So what do the Blues do? They run tain I am not the only military mem- ing peace in a region torn by war. straight down here to Washington, get ber with this problem. With This tribute has been organized by the Federal Trade Commission in on it. Concordia’s limits being so low, I can those of us who serve on and have par- The Federal Trade Commission, the en- hardly blame dentists for not accepting ticipated with the President’s Export tire Pennsylvania Dental Association. the new plan.’’ Council [PEC], a bipartisan effort with By the way, all of the North Carolina ‘‘In all honesty, it gets old having the private and public sector working Dental Association is being sued now your health packages changed, being together for export. Secretary Brown by the Federal Trade Commission. told that ‘coverage is the same’, and was a public sector member of PEC and This goes on for months and months discovering that twice as much money the driving force behind a notable pri- and months. We raised money around is coming out of your pockets.’’ vate-public partnership, whose mission the country to help this one little den- I want to get that in for the RECORD, is to expand the United States’ exports tal association defend itself against the Mr. NORWOOD, because again, with all abroad. Federal Trade Commission. They got of this 30 or 40 minutes we have had, At the very first meeting of PEC of all through and found nothing was what we are talking about is American February 13, 1995, President Clinton at- wrong, and it cost $2 million. citizens, taxpayers and military. I am tended and Secretary Brown welcomed These are not rich people that you going to continue to work with you and and swore in the appointees. Secretary can just go throw around $2 million. your staff to see if we cannot correct Brown emphasized that he would re- This is not Ford Motor Co. These are this problem. I think it is a problem gard the PEC members as the Board of small family businesses, very small that has gone too far, to the detriment Directors for America’s national export businesses, and we cannot continue to of taxpayers in my district and some of strategy, first implemented then in allow the Federal Government to be your friends elsewhere. I am going to September 1993. used as a club to beat on your folks in work with you and your staff as you So, Mr. Speaker, we think it is only your district. work with me and my staff to see if we fitting that the PEC Board of Directors Mr. JONES. Let me tell you. Mr. cannot correct this situation. leave a tribute to the person who in NORWOOD, I know we are closing down Mr. NORWOOD. If the gentleman our mind was the chairman and chief in another 5 or 6 minutes and will be would yield, I will conclude by saying executive officer of America’s effort to ready to yield back the balance of our this, Mr. JONES: I think the people in achieve free and fair trade, to give a time, but I could not agree more. We your district are very fortunate to chance to U.S. businesses of all sizes to have gotten to a point in this country have you up here. In many cases there market their goods and services where too many times those people, is no other advocate for those people. abroad. and you are right about the dentists in You have military retirees, you have I am pleased to be joined by several eastern North Carolina. Most of the dependents of active duty military peo- of my colleagues, both Democrats and dentists in North Carolina, but particu- ple, who are not winning under this Republicans, and we will alternate as larly eastern North Carolina, these are program. In fact, they are losing. You there are Members available. We will hard working, family people. they are are up here defending them. Who else ask Members to limit their remarks to not muntimillionaires, they are not will? 2 or 3 minutes. millionaires; they are just people I mean, we do not have any oversight Ron Brown was born in Washington, working hard to provide a very valu- from the DOD. I am glad you are. We DC, and you will hear more about that, able service, trying to take care of the have your constituents who provide on August 1, 1941. He was raised in Har- people in their community. Yet, as you dental care in your district, my col- lem by his parents, attended H3446 CONGRESSIONAL RECORD — HOUSE April 16, 1996 Middlebury College in Vermont, was Secretary of Commerce; Gail E. policies, bringing people together, pre- commissioned an officer in the army Dobert, acting director of the Office of paring the way. and spent time in West Germany and Business Liaison; Carol L. Hamilton, He took the job at the Commerce De- Korea, when certainly the seeds of for- whose parents I know very well, press partment, which was regarded as noth- eign trade were planted at this time. secretary to Secretary Brown; Cath- ing so much as a bureaucracy, and He will be especially missed for his erine E. Hoffman, special assistant to reinvented it into the kind of depart- work with PEC on behalf of U.S. ex- Secretary Brown; William Morton, ment European and Asian countries ports and his effort as the Secretary of Deputy Assistant Secretary for Inter- have long had, a Department that is Commerce. One of his last appearances national Trade; and Lawrence M. aggressive in going out and selling the in the United States was at the most Payne, special assistant, Office of Do- country and the country’s business. recent meeting of the PEC. At that mestic Operations. For all of my seven Finally, let me say of Ron Brown meeting, he shared his thoughts and constituents there is still great grief what is so important to to many. Ron plans on the Bosnia-Croatia trip, as and feeling in the District of Columbia. simply saw and understood himself to well as the uncommon insight he had Ron Brown had been a friend for 30 have no limits. I am not sure all of us gathered about trade around the world. years. When he and I were both young understand what an achievement that From this meeting came the pro- and his wife Alma and I were in a club is in country where so many still feel posed statement of principle concern- in New York called Liaison, and Mi- bound by race, even if in fact if they ing the Export Administration. Those chael and Tracy were born to them, would fly they are not bound by race. principles reflected Ron’s vision and and Johnny and Catherine were born to Ron said let me try to fly, and then he wisdom, declaring export as a right of my husband and me, Michael now has a soared. The great tragedy is that had every American citizen, not a privi- wife, Tammy, and one of the saddest Ron not been killed, there in no limit lege, his early vision of the Export Ad- things to see is Ron with these two ba- to where he might have flown. He simply refused to have an as- ministration. As stated, those prin- bies, these twin sons who were his signed place as a black man. He looked ciples outlined what America’s position grandsons. Ron was a wonderful family around him, saw other places, and went should be on export restriction, seek- man. His son, as was said at the fu- wherever his talent and energy could ing to make sure, as Ron always did, neral, was his best friend. go, and they took him very far. I said that there is a level playing field Ron was a man of extraordinary de- at the Metropolitan Baptist Church throughout the world; that no one na- termination, energy, and ability. Sel- that to many, race is what they believe tion could assume an unfair competi- dom has one American put together so holds them back. To Ron, race was a tive advantage in an increasing com- many of the traits necessary for suc- contest that you ran and won. With petitive marketplace. Indeed, Ron’s cess in public life. As both policy that spirit, so many youngsters caught work and the work of PEC makes cer- spokesman and politician, Ron Brown in ghetto environments today might tain that business of all types, politics excelled, bringing his party back to life find the role model for the 1990’s. aside, would benefit from the renewed again and helping Democrats win; For my city, the city where Ron was trade effort, and they did. without whom the President said we born, the city where he lived when he During his tenure, important ground- would not have won the Presidency in died, I have asked my constituents not work was laid, major breakthroughs 1992. to mourn for Ron. Remember Ron was were experienced, and future prospects Yet this was a fund raiser the happy warrior. I have said to my for peace and prosperity were ce- extraordinaire on the one hand, a coali- constituents living in this troubled mented. While Ron was deeply commit- tion builder on the other. Any one of city, this seriously troubled city be- ted as a Democrat on the matters of those would have been much. cause of its financial crisis, to remem- free and fair trade, he was an American I thank the New Yorker magazine for ber Ron as the man who looked to im- first. Party took a second seat to the its comment on Ron in an article possible missions and made them pos- goals of expanding export. called ‘‘The Fixer as Statesman.’’ sible. It is possible for Ron’s birth- That reason and other reasons should Somehow, this article tries to put to- place, for the place where Ron lived, to cause us, both Republican and Demo- gether the two parts of this man that bloom again, as Ron always looked to crat, to work together and to honor so often are seen as not going together. see what was possible and then went Ron Brown by committing ourselves to The statesman, of course, is the com- forward. I have said to those I rep- the expansion of America’s industries mercial diplomat that Ron Brown be- resent: Don’t mourn for Ron, try to be in the benefit of American workers. came, and the fixer is the man who like Ron. Ron came, Ron saw, Ron con- Mr. Speaker, I am going to yield time fixed the Commerce Department and quered. So can we. to one who has known Ron Brown for the man who fixed the Democratic I appreciate the time that has been many, many years, and certainly it ex- Party. offered me. tends beyond that of trade, in a per- b 1700 Mrs. CLAYTON. I thank the gentle- sonal way, the gentlewoman from the woman for her very poignant and per- District of Columbia [Ms. NORTON]. The comment by Sean Willents calls sonal remarks about Ron. Ms. NORTON. Mr. Speaker, I thank Ron silky, shrewd, and supremely self- We have been joined also by one who the gentlewoman from North Carolina confident. I do think, Madam Leader, serves on the PEC, this is the Presi- for her leadership in organizing this that they capture this man we knew so dent’s Export Council, and what we special order and much deserved trib- well. They say he was not a plaster want to do, indeed, is to remember him ute. saint. Would he abhor being remem- in a personal way but also remember Ron Brown was my constituent and bered in that way? him as forging new opportunities for my friend, so that last week I had one And they call him wordly and capa- trade, and those of us who had the of the saddest weeks of my tenure as ble. They remember that Ron began in unique pleasure of serving on that feel the Congresswoman from the District the Civil rights movement. So many that certainly there is a particular of Columbia. I was, of course, at Dover who have achieved in this country loss. where the bodies of 33 Americans came today never would have gotten the I am going to ask if the gentlewoman home, and then on another evening at chance to showcase their talents were from Connecticut, Mrs. NANCY JOHN- the Metropolitan Baptist Church to it not for the civil rights movement. SON, who is here, if she would make speak in tribute to Ron Brown, and fi- Having seen what he could do, because comments. And I understand that on nally at the funeral at the National Ca- of the opportunity the movement af- her side—I want to say that this is a bi- thedral, where there was an outpouring forded him as the vice president of the partisan approach that we were doing, of people from all over the world. Urban League, ultimately Ron then and I am pleased that the gentlewoman May I first read the names of all went on to become a top staffer in the from Connecticut wanted to join in seven of my constituents who perished Committee on the Judiciary of the this effort, which I think is an appro- on that flight. Ronald H. Brown, Sec- Senate and leader of his party, where priate effort. retary of Commerce; Adam M. Darling, he was essentially its titular head for Our tribute is that Ron served Amer- confidential assistant to the Deputy between 1988 and 1992, articulating ican industries which gave American April 16, 1996 CONGRESSIONAL RECORD — HOUSE H3447 jobs, and we as Americans first rather as dynamic and as vigorous and as Ron Brown is that he was extraor- than you as a Republican and I as a committed an individual as the world dinarily capable in many ways, and one Democrat, we are Americans trying to has ever produced in support of busi- of them was that he was an extraor- foster the interests of that. So I am ness, trade, and the economic strength dinary mentor. pleased that she has come to join us. and prosperity that flows from a dy- Mrs. CLAYTON. Yes. Mrs. JOHNSON of Connecticut. namic business community in an inter- Mrs. JOHNSON of Connecticut. I had Thank you. I thank my colleague for national market. the privilege to travel recently over yielding to me. The President and the He got out there with big companies the recess, and I ran into some of the members of the Cabinet are the Presi- and small. He got out there in coun- young people that had worked with dent and the members of the Cabinet tries like China. He got out there all Ron. And it was really interesting to for all Americans, and I am privileged over the world. And it is tragic but, in me because you do not see this all the to be here tonight to help you cele- a sense, not surprising that he lost his time. Cabinet members are not nec- brate the life of Ron Brown and honor life taking business into what was a essarily either warm and fuzzy or men- him as our former Secretary of Com- devastated, war-torn area, because that tors. They are important and they do a merce and recognize the leadership he was his idea of giving hope to a people great job for America. They serve an provided and the quality of the job he torn, devastated; their goods, their important need. But Ron has inspired did. economy, their hearts, their minds de- many young minds, and they are there When I was first elected in 1982, I stroyed by years and years of war. and they will serve us. And they are came here from a district that had He understood that the only real both parties. Some of them are life- been devastated by what we called in bond; that healing would only truly long, quote, ‘‘bureaucrats.’’ those days unfair foreign competition. take place when there were jobs, when And so he has passed on and was able Some of it was just a very strong dollar there was an economy, when there was to pass on a belief and a faith in Amer- combined with an American industry competitiveness, when there was ica, in us as a free people, and in us as that was not efficient and was not strength, and that America could not a governing democracy, and felt strong. I watched Mac Baldrige try to only offer goods but we could offer strongly the need for us to be a part of develop the Commerce Department hope through example. We could offer the international community both as into a fighting partner with American leadership through guidance. an economic force and as a force for de- business in a developing international Mrs. CLAYTON. Would the gentle- mocracy. market. I saw him struggling through, woman yield? I thought it was so interesting to lis- trying to help us see the importance of Mrs. JOHNSON of Connecticut. I ten to the gentlewoman from the Dis- developing a department of trade. would be happy to yield. trict of Columbia [Ms. NORTON] talk I saw Mac Baldridge and some of his Mrs. CLAYTON. I wanted to respond about how he never saw himself as a successors build the capability of the to her very, I think, appropriate anal- black man. He saw himself as an Amer- Department of Commerce to help ogy of his going to both big and large ican, as a man, as a power, as an indi- American business get into the export companies. He also, conversely, under- vidual, and as a proud black citizen. market, sell abroad, be present in other stood that small and big companies But he never felt anything stood in his markets in the same way foreign pro- here in America could also experience way. If he wanted to do it, he had the ducers were present in our market, pro- the value of exports and what that intellect and resources to do it. And it vide the same challenge in the world meant to the smaller communities as is that legacy that inspired those he market that foreign producers were well as what it meant to the big com- traveled with, that made a difference providing in our market. And that panies. in the countries he went to. And it is opening of vision that started with Mac As you know, on the export council that attitude that he leaves to those Baldridge culminated in some really there are big businesses there, but whose lives he touched. remarkable successes under the leader- there are also smaller businesses. I thank my colleague for organizing ship of Secretary Brown. He under- Maidenform, for example, is small. It is this recognition of former Secretary stood and developed that in a way none not a big company, it started small. So Ron Brown tonight. It is well deserved, of his predecessors had. Each of them it means in my district, its small sub- and I appreciate having had the oppor- made unique and remarkable and very sidiary also expands as their products tunity to join you. valuable contributions to beginning to are sold abroad, giving jobs to Ameri- Mrs. CLAYTON. Thank you for your look forward to how the American cans in their communities. comments. I appreciate that. economy could be strong in the decades I think Ron Brown knew what the Mr. BEILENSON. Would the gentle- ahead and serve our children in the rest of us have come to understand: woman yield? Is it convenient for the same way it served us and our grand- that for every $1 million of export we gentlewoman to yield at this point? parents and our great grandparents. already create here $9 million of indus- Mrs. CLAYTON. I promise I will get But Ron Brown understood, in a try. And some of us do not understand right back to the gentleman from Ne- sense, in a more practical vigorous way that. I for one, initially, did not have braska [Mr. BEREUTER]. We certainly than any of the rest of us the need for that same appreciation until I was on want to have his comments here. But the American Government to back, to the Small Business Export Subcommit- we have also been joined by the distin- partner, to encourage, to lead, to pres- tee and had an opportunity to work guished gentleman from Michigan [Mr. sure, to force, to incite, to get Amer- with you and others, as well as under DINGELL] and he wants to make a ican business to understand their own the leadership of Ron Brown, who statement and we would be honored to power in the international market, the opened, as you say, the hope, the op- have his statement. quality of their product, the possibili- portunity. And it was about vision and b ties for them, and he got right out excitement, but also it was about the 1715 there with them. He got right out there possibility if people worked together. Mr. DINGELL. Mr. Speaker, I thank with them in China at a time when, And that is why, I think, if we are the distinguished gentlewoman for frankly, the State Department was going to have this expansion and trib- yielding to me. I want to commend her having a little trouble with China. But ute to Ron Brown, it should be about for having this special order to cele- he understood if you learn to produce us keeping that going. The greatest brate the life and the contributions of and you learn to trade, if you force legacy to any of us as we leave is for a great and patriotic American, our ideas, if you award intellectual prop- someone to pick up our work and build now deceased Commerce Secretary Ron erty, if you reward personal energy, we on it and see the value of it and con- Brown, who in a tragic event about 2 as a Nation will be OK. We will be eco- tinue. I just wanted to thank the gen- weeks ago lost his life with more than nomically strong and we will be peace- tlewoman for her pushing that thought 30 others in a tragic air crash in ful. in my mind. Bosnia. I remember him talking about that Mrs. JOHNSON of Connecticut. One In the days that followed it became connection between prosperity, peace of the things that I think is wise to re- very clear to our citizens how much and trade, and in his own way he was member from the death of a man like Ron Brown had accomplished in a very H3448 CONGRESSIONAL RECORD — HOUSE April 16, 1996 short time at the helm of the Com- the Urban League, at the Democratic National TER]. He has been very active on the merce Department. To those of us who Committee, practicing law or advising heads of President’s Export Council as well. We serve in the Federal Government, Ron state, Ron proved time and time again to be are pleased for him to make comments. Brown is a well-known figure, a symbol an invaluable asset to getting the job done. Mr. BEREUTER. Mr. Speaker, as of what is best in our Nation. When you Over the past year, many working Ameri- mentioned already with some examples work hard and strive for excellence, cans wrote to me about Ron Brown's work at here, Ron Brown was an extraor- you attain it. the Commerce Department to promote ex- dinarily multitalented man who I had the privilege of serving with ports, combat unfair trade practices by our brought great intensity and scope to him in matters of concern when he was international trade competitors, speed the dis- his interests and his activities. You at the Commerce Department and semination of advanced technologies, and heard about his mentoring activities when his agency was answerable to the conduct research vital to understanding our here and how much he stimulated so Committee on Commerce of which I climate, our weather, and the environment. many Americans, especially young was at that time chairman and then Bissell, Inc. in Grand Rapids, MI wrote that Americans, to take an active role in more recently ranking member. his company frequently used the Commerce Government. But I did want to focus He had a distinguished career that Department's export programs, and that, ``they my remarks on the tremendous included military service, served at the have proven to increase export sales and thus achievements that Secretary Brown Urban League, served at the Demo- help the economy of our country.'' brought during his tenure at the Com- cratic National Committee. He was Viatec, Inc. in Hastings, MI said that, ``This merce Department to the expansion of successful in the practice of law and invaluable program is an INVESTMENT that our trade and investment opportunities advising heads of state. And he proved produces returns to the American taxpayers abroad. time and time again that skill, adroit- with more high-paying jobs, taxpaying citizens, On August 4 of last year, when we ness, energy, dedication can be an and U.S.A.-purchased materials.'' held hearings in the committee on enormous asset in getting the job done. A research group in Ann Arbor said the Ad- International Relations about the fu- I will be inserting into the RECORD a vanced Technology Program is, ``important in ture of the Department of Commerce, I number of quotes of distinguished transferring the results of fundamental re- said during the course of that debate Americans and American businesses search into practical products.'' that I was proud to enthusiastically Monroe Auto Equipment in Monroe, MI, said about his contribution to our Govern- and sincerely commend our late Sec- that Ron Brown's ``aggressive trade promotion ment. I also want to make the observa- retary for his hard work and promotion policies of our government add value to my tion that he was one who understood of American commercial interests. Sec- company's efforts to compete in worldwide what the Department of Commerce retary Brown correctly realized that if markets.'' should do. It was his function, as he Perhaps Detroit Mayor Dennis Archer said it the United States economy is to re- saw it, not only to provide extraor- best: ``The Department of Commerce has main strong and vibrant in the 21st dinary leadership to that agency but been a job-creation machine for the State of century, the United States Govern- also to see to it that it functioned to Michigan and our cities.'' ment must maintain and fund a com- the fullest and that it dealt with the The last time that Secretary Brown ap- prehensive national export strategy. promotion of trade, jobs, market open- peared before the Commerce Committee, he And he served as a very competent in- ings and expansion of opportunity for said the following about his Department: ``I am novative chairman of the trade pro- Americans through the business of ex- anxious to work very closely with Members of motion coordinating committee. In ports, because that is where economic Congress on both sides of the aisle to make that capacity he recognized, of course, success for this country lies. sure we do what is best for the country, to and made it clear to many Americans He was a great human being, a dear make sure we do what is best to assure long that the United States economy is al- friend, and his wife Alma and he were term economic growth and creation of high ready very dependent on exports. He dear friends of my wife Deborah and I. wage, high quality jobs for our people. I think clearly understood that during this We shall miss him. We shall pray for that no department in government does that decade exports have to account for a the repose of his soul, and we shall un- more effectively than the Department of Com- much larger part of our economic derstand that he brought excellence to merce.'' growth. the Department in the great tradition Mr. Speaker, today Ron Brown is gone. But Secretary Brown fought tirelessly for of others who had preceded him, first his life was one which touched many people, American commercial interests, both the distinguished Secretary Malcolm both here and abroad, and his work has left a within the cabinet and abroad. Since Baldrige, who was a great friend of legacy of accomplishment about the strength taking office, Secretary Brown hit the mine and also a distinguished public of a government that serves its people well. ground running and immediately re- servant, as also was Secretary We will miss Ron Brown greatly. But his was ceived the wrath of the Europeans for Mosbacher, who was a leader of great a life that mattered, and his legacy lives on. an important United States commer- quality in that agency. Mrs. CLAYTON. Mr. Speaker, I cial airplane deal with Saudi Arabia, 15 We shall miss Ron. We can dedicate thank the gentleman from Michigan high-level trade and investment mis- ourselves to carrying forward the prac- [Mr. DINGELL] also for getting com- sions. And billions of dollars of U.S. ex- tices and principles in which he be- ments from the business community, port and investment later, we bid the lieved, that market opening and trade, because I think that is extremely im- honorable Ron Brown, the former Sec- that opportunity for Americans lies in portant, because sometimes we think retary of Commerce, a fond farewell the success of that Department. only of politicians or public servants, and thank him for his unmatched advo- I want to thank the distinguished but Ron Brown also was essential for cacy and dedication to American com- gentlewoman for yielding to me and for the ongoing expansion of business op- mercial interests. I think he set an im- holding this special order. portunity. For business persons to portant precedent for the Commerce Mr. Speaker, our Nation suffered a severe make that tribute I think is appro- Department and for our cabinet mem- blow almost 2 weeks ago when it was learned priate. bers generally in his focus on inter- that Commerce Secretary Ron Brown and GENERAL LEAVE national trade and expanding our ex- more than 30 others lost their lives in a tragic Mrs. CLAYTON. Mr. Speaker, I ask port base. air crash in Bosnia. unanimous consent that all Members As I said, he was a man of In the days that followed, it became very may have 5 legislative days in which to multitalented background, a wonderful clear to our citizens how much Ron Brown ac- revise and extend their remarks on the man, sincere in his working with Mem- complished in a very short time at the helm of subject of my special order. bers of Congress on both sides of the the Commerce Department. To those of us The SPEAKER pro tempore (Mr. aisle. I look back with great fondness who serve in the Federal Government, Ron WHITE). Is there objection to the re- at the relationship we had in working Brown was a well-known figure, a symbol of quest of the gentlewoman from North for expanding the export base. what is best about our Nation: when you work Carolina? I thank the gentlewoman for taking hard and strive for excellence, you attain it. There was no objection. this special order and for allowing me Brown had a distinguished career that in- Mrs. CLAYTON. We are joined by the to say a few words about one aspect of cluded military service. During his tenure at gentleman from Nebraska [Mr. BEREU- Secretary Brown’s life. April 16, 1996 CONGRESSIONAL RECORD — HOUSE H3449 Mrs. CLAYTON. I do appreciate that. many and the hope and aspirations ous warrior, someone who I felt in- I think the gentleman has experienced that so many are still left looking to stantly I could tell him very candidly a working relationship and particu- us to help fulfill for their futures. what I thought and that he would re- larly in that area about which he Mrs. CLAYTON. Mr. Speaker, I re- spect me as another individual in the spoke. I want to note again for the member seeing that same executive. He same environment he was, a political RECORD that is an effort, the Presi- said he was not sure what God had in environment. dent’s Export Council, to have a bipar- store for him. So part of our hope is I think the real tragedy is that not tisan effort. Both Republicans and that God has in store for him to help just one segment of our society, not Democrats should be honoring a great push what Ron Brown started. We are just the Democrat Party, not just the man and that is as it appropriately also pleased to have Congressman black community, but all of America should be. SHAYS from the Great State of Con- has the right to truly grieve that we I thank the gentleman. I am pleased necticut join us, and he wants to be a have lost a young man who in the last to yield to my friend, the gentleman part of this tribute and we are de- 5 to 10 years was a dynamic force in from South Carolina [Mr. CLYBURN]. lighted to have him. this country, who maybe one day Mr. CLYBURN. Mr. Speaker, I thank Mr. SHAYS. Mr. Speaker, I definitely would have been in fact President of the gentlewoman for yielding to me. want to be a part of this tribute and this United States, who would have Mr. Speaker, I first met Ron Brown join with my colleagues from both been clearly a force in the next decade in the late 1960s, when all of us were all sides of the aisle who are here to ex- or two. about trying to find a way to get our- press their love and admiration for a b 1730 selves and those people that we rep- truly great American, a truly fine, out- resented into the mainstream of Amer- standing Secretary of the Cabinet, the So I thank you for giving me this op- ican activity. I grew to admire and re- Secretary of Commerce. portunity to express my admiration for spect him, and there was something I would first want to express my love him and for being part of this very im- about Ron that compelled him to bring and admiration for his wife Alma and portant tribute. Again, I would close along with him all of the young talent for his very distinguished son Michael by expressing my love and affection for that he could muster in order to dem- and distinguished daughter Tracey. I the family and say that, while I was onstrate to our great Nation the talent was not able to be at the funeral for not in Washington to listen to the trib- that was there for those who, given the Mr. Brown because I had two constitu- ute the night before, since I was at a opportunity, could make significant ents who also died on that plane. And if funeral service when his service was contribution. That to me is the real I could I would like to just express my taking place, but for hours I watched legacy of Ron Brown. love and admiration for Claudio Elia, the tribute and wished that I could One of these young talents was the who died on that plane, and for his two have been there in person to actually granddaughter of my doctor when I magnificent children, Kristin and enjoy it even the more. I thank you for lived in Charleston, Jerry Irving Hoff- Marc, who just were real soldiers dur- this time. man, in the late 1960’s and early 1970’s. ing their dealing with their grief, and Mrs. CLAYTON. Indeed it was a cele- And I want to join today with every- for his magnificent wife Susan, and bration of his life that we watched, body in paying homage to that great also for Robert Donovan, who also died, rather than a tragedy. spirit that Ron Brown gave to all with and for his truly outstanding two chil- Mr. SHAYS. It was a celebration of whom he came in contact. dren, Kara and Kevin, who just seem to life, period, and of this great country. Mr. Speaker, on Wednesday before deal with this agony and grief in a way Mrs. CLAYTON. We are also joined last, as I sat in the home of Mr. Brown that I could not help admire, and for by my colleague, the great Congress- sharing with his wife Alma, his son Mi- his precious wife Peg, two people from man from Texas, Mr. DE LA GARZA. He chael and his daughter Tracey, other the 4th Congressional District who died has asked to participate as well. family members and friends, hoping on that plane because they wanted to Mr. DE LA GARZA. Mr. Speaker, I against hope that something, some be with Ron Brown on this very impor- thank the gentlewoman for giving me good news would come of this event, as tant and, in fact, dangerous mission to this time and to join my other col- we sat there, watching the television, bring trade and economic growth and leagues in expressing our sense of loss something occurred that stays with me some sense of hope to people in Yugo- individually, collectively as a Nation, to this day. And it is what I would like slavia, to give them a sense that maybe and even the world, due to the loss of to share with all Americans today. their day would be a little brighter. our friend, Ron Brown. There came to the camera a gen- I have admiration for Ron Brown for Let me say first that I am mourning tleman, I think he was from northern leading this. I did not have direct con- his loss because he was my friend. But Virginia, who did not make the trip, a tact with him in my capacity on the we as a Nation lost a great American. CEO who spoke to the world on the fact Committee on the Budget or the Com- I cannot add to the adjectives that that for some reason, though he was mittee on Government Reform and have been mentioned or will be men- scheduled to be on the trip, he did not Oversight, but he came to my office tioned about Ron Brown, but I only make the trip. And he asked a very co- twice to talk about the importance of would like to mention a couple or three gent question, and I think all of us the Department or Commerce, and I of my personal remembrance of him. ought to ask ourselves today, he said was just struck by his incredible en- One was that he was a man that no that he must now find out why the ergy, highly intelligent man, and just task was too small, no challenge was good Lord saw fit to keep him here. It an admiration for realizing that I was too large. He did what he had to do. He is his job now to find out exactly what sitting in the same room with an indi- did it in a gracious, eloquent manner it is that the good Lord would have vidual who at the depth, I think, of a also, always without fault, and I would him do. party challenge, taking on being the like to remember also that the most I think that is something that all of chairman of a great party, the Demo- minute things and the way that he us who call ourselves public servants crat Party, taking on the role of trying handled items as a person, all we know ought to be thinking about today. We to select a Democrat President, a as Secretary of Commerce, what he did are left here; we can speak of Ron President, electing a very distin- and how he did it, and throughout the Brown’s legacy. We can pay homage to guished Governor and thinking that world and here, but before the last all that his life meant. But I think the immense task that must have been Democratic Convention, I called over throughout it all we ought to ask our- as he was talking with me and the in- to the Democratic Committee, and this selves the question now, what it is that credible talent it must have taken to is when he was chairman of that com- the good master would have us do. bring all the different people he had to mittee, that I wanted to be sure that I would hope that as we go about try- bring together to accomplish that task. some mention was made of agriculture ing to fulfill the dreams and aspira- I am here to salute him as a very ca- in the speeches and at the convention, tions of Ron Brown and others like him pable Secretary of the Department of and I left it at that. that we will keep in mind the hope and Commerce, a very capable individual, The next afternoon I had a call from the aspirations that he gave to so someone who I respect as being a joy- Ron Brown, which I never expected. I H3450 CONGRESSIONAL RECORD — HOUSE April 16, 1996 was just speaking with the people that end, and that he died on a mission try- American exports equal American were organizing the program, and he ing to enhance U.S. commerce, but yet jobs, and he knew this, and that is why says, ‘‘Mr. Chairman, would you think trying to help downtrodden people was he was on the mission that he was on. that I would leave agriculture out of probably the major culmination, the He knew that developing countries this convention?’’ major thing, of what Ron Brown was. needed real economic investments and I say, ‘‘No, I wouldn’t have thought There was no small, there was no not handouts, economic investment so, Ron, but I just wanted to be sure to large, there was no one but the individ- with which to demonstrate that a mar- remind whoever it was organizing the ual before him, and I saw him do that, ket economy works; economic develop- program.’’ and we will forever remember him in ment, in turn, can lead to real democ- He says, ‘‘Well, agriculture will be that manner. I thank the gentle- racy. addressed, and you will be a speaker.’’ woman. And that is what he was all about. He And so it was. And so it was. Mrs. CLAYTON. I thank the gen- was about building America, about cre- How it got from the person I spoke to tleman for those very appropriate and ating jobs, about making sure that de- and much lower levels to Ron Brown I sincere remarks, and I want to insert mocracy is all over this world because do not know, but the only explanation that he was indeed a friend of agri- we all know that it is a system that is that he was looking at everything culture because North Carolina under- has worked and works well, better than that was going on. And so I had the stands that very well, in making oppor- any other in the world. great honor of speaking at the national tunities in Russia for turkeys and poul- It seems to me that those of us who convention because of the request of try and other places that we could have knew him well and have known him for Ron Brown. in that area. so many years understood that. We un- Again, also when we were working so We are pleased to be joined by a Con- derstood that when he smiled, it was a hard on NAFTA, most of you, not all of gressman from Indiana, Congressman smile of friendship, when he extended you, remember how he worked on the JACOBS. He also wants to be a part of his hand, it was a hand of welcome Hill, how he worked throughout the this tribute. from those across the shores to those Mr. JACOBS. Mr. Speaker, he was no United States. But I wanted to have a of the shores of the United States of longer a warrior, but he died in a war joint meeting with our friends from America. Mexico, and I appealed to him, if he torn country. When we saw him in office all He died not that others might live, could be of assistance. His answer to throughout his many achievements but that others, many others, includ- me was, ‘‘When do you want me?’’ throughout his short lifespan, we knew ing Bosnians and Americans as well, So we set a date. We invited his coun- might live better. that here was a man of great thought, terpart from Mexico, and they met in He was and, in the inspirational of great compassion, of great wisdom. McAllen and Hidalgo, TX, and we had a sense, remains an authentic American I stand here because I know that Ron great meeting, and there I saw him hero. ‘‘We shall miss his bright eyes Brown was my friend, and I know in working, the people from Mexico and and sweet smile.’’ my heart that this country will miss the people from south Texas. May God forgive those who were so him, a man of his dedication and a man But one of the most interesting ready to bear false witness against of his strength. things, and it has been mentioned be- him. Mr. Speaker, Secretary Ron Brown might fore, he had a way with young people, Mrs. CLAYTON. Thank you very best be remembered as a man who saw op- children. At the meeting that we had, much. portunity where others saw none. He will be open meeting with several hundred Congresswoman COLLINS from the missed as a crucial bridge between the privi- people, it was a young person that great State of Illinois has joined us, leged and the underserved in our society. For walked up to him and visited with him, and she will now make a tribute. Ron Brown believed above all else that the and he visited back as if that young Mrs. COLLINS of Illinois. Mr. Speak- greatest asset America has is the diversity of man or that young woman was the er, I rise to pay special tribute to Sec- it population. most important person at that event retary Ron Brown and to express my Secretary Brown understood that American that day. And there we had Secretary sincere condolences to his wife, Alma, prosperity depends upon our ability to become of Commerce from Mexico, the Sec- and to their family. My heart goes out more competitive in emerging economic mar- retary of Commerce from the United to them because I understand full well kets around the world. American exports equal States, assistants, needless to say, the what they have gone through, having American jobs. Those emerging markets are local Congressman, but to him at that gone through something like this my- located in Africa, Asia, and Latin America. point was, and I recall this very viv- self. America's racial diversity could be our most idly, that young lady that was asking Ron was a great man, and we have important asset in corporate efforts to gain him questions about the Department of heard about his strength, his vision, market share in these emerging regions. Ron Commerce and, I think in the end, how and his compassion for people. Tributes Brown was harnessing our racial diversity in a she could get a job at the Department have come from the broadest possible way that was good for American business, of Commerce. range of people, including the Presi- good for American jobs and good for develop- He never flinched or missed a beat, dent of the United States and foreign ing nations. and he says come see me, I will be dignitaries, to the lowest ranking Secreatry Brown knew that developing happy to talk to you. workers of the Commerce Department. countries need real economic investments not That is the kind of individual we per- I believe that these statements best handouts. Economic investment will dem- sonally will miss. serve as testimonials. They are the onstrate that a market economy works. Eco- Certainly the country has lost a tre- very best testimonials to a man many nomic development in turn can lead to real de- mendous American, the world has lost of us had the honor to know and to ad- mocracy. a tremendous individual, and I think it mire. But let me add just a few obser- While many in the United States are willing has been mentioned before, but the leg- vations. to use this approach in Eastern Europe and acy of Ron Brown should be what we Secretary Ron Brown might best be Asia, there is a conspicuous absence of Amer- continue doing that he did not have remembered as a man who saw oppor- ican investment in Africa. Secretary Brown time to do. And I hope that that would tunity where others saw none. He will was especially concerned about the willing- be our dedication. be missed as a crucial bridge between ness of many in the United States to concede I extend on behalf of my district and the privileged and the underserved in the markets of Africa to its former colonizers myself my condolences to the family, our society. For Ron Brown believed, in Europe. Unbelievably only 7 percent of ex- to all his family, and we share because above all else, that the greatest asset ports to Africa come from the United States it was our loss and we will mourn him. America has is the diversity of its pop- while 40 percent come from Europe. This But more so, we should dedicate our- ulation. Secretary Brown understood makes no sense when the return on invest- selves to that which he tried to do. To that America’s prosperity depends on ment in Africa is 25 percent, outstripping any him there was no black, no brown, no our ability to become more competi- other region in the world. Ron Brown was white, no red. Everyone was a creature tive in emerging economic markets helping American companies change this of God from his beginning to the very around the world. equation. April 16, 1996 CONGRESSIONAL RECORD — HOUSE H3451 Secretary Brown was also a tenacious fight- anyone else. Therefore, if you are to succeed, at that time, because there had had a er and advocate. As the ranking minority you must be willing to out perform others. You very successful trade mission just last member of the Committee on Government Re- will need to work harder, and smarter in order year which opened all kinds of avenues form and Oversight, I worked with Secretary to be successful. But if you stay focused and and markets for America to participate Brown in opposing efforts to dismantle the keep your eyes on the prize, and are given in the great world market. Commerce Department. When many political the opportunity, Ron Brown's legacy dem- Mr. Speaker, I simply feel that, as pundits on Capitol Hill were predicting the im- onstrates that there is nothing that African- Shakespeare said, the force of his own minent demise of the Commerce Department Americans cannot accomplish. merit led his way, and indeed it did. He because it had become a favorite target of the Mrs. CLAYTON. Thank you very will be missed. He will, however, go on, new majority, Ron Brown never wavered in his much. live on in love, and I hope he will be an eloquent defense of the Department and its We are also joined by the Congress- inspiration to us. I offer my condo- employees. woman from Maryland. lences, obviously, to his beloved wife Secretary Brown used his considerable Mrs. MORELLA. Thank you. I do Alma, and to his two children, Michael skills to clearly and forcefully articulate the want to thank Congresswoman CLAY- and Tracy. folly of eliminating the Commerce Department TON for doing this. I think it is very Mrs. CLAYTON. Mr. Speaker, we also at a time of economic globalization. When the important that we pay tribute to a join with the gentleman from the Vir- central governments of countries like France man who has died too young, who gin Islands [Mr. FRAZER] who will join and Japan are promoting their businesses, the served his country so well, and I know in this tribute to Ron Brown. United States Government cannot afford to others will join by memorializing Sec- Mr. FRAZER. Mr. Speaker, I want to abandon its efforts to identify and win export retary Ron Brown by virtue of submit- thank the distinguished gentlelady opportunities abroad. ting statements. from North Carolina for holding this I just want to say that there is a vac- Under Ron Brown's leadership, our Govern- special order for the late Secretary of uum in the world, there is a vacuum in ment developed a national export strategy to Commerce Ronald H. Brown. the country, there is a vacuum in the help small, minority, women-owned, and large Secretary Brown served our Nation hearts of country men and country companies, win export sales abroad. His ef- with distinction, service, and honor. He women because of the untimely loss of forts paid off in more than $80 billion of for- provided the vision, and the leadership Ron Brown. He is a man who is dedi- eign sales for American firms that supported to promote American business abroad. cated to his country, to his commu- thousands of high-paying jobs for American He understood that in order for Amer- nity, to his profession to a ‘‘T’’, to his workers. ican business to succeed abroad they family especially, and certainly to his While Secretary Brown was always open to needed to have the full support of the friends. U.S. Government. He used his office to exploring new export opportunities abroad, he I became acquainted with Ron Brown open doors and provide opportunities was also never afraid to stand up for the rights because as somebody who is involved for large and small businesses. This of U.S. business in foreign markets. When for- with the technology subcommittees, as support is characteristic of how Sec- eign steel producers dumped steel in the U.S. chair of it, under our jurisdiction is the at below fair market prices, it was the Com- National Institutes of Standards and retary Brown served this Nation and merce Department under Secretary Brown that Technology and the Technology Ad- American business with distinction. Secretary Brown was accessible and took the action which led to the imposition of ministration, and obviously all of this available to the people of the Virgin Is- duties on foreign steel. is part of the Department of Com- lands. He sent his Assistant Secretary Secretary Brown was also one of the merce. I have never found anybody who strongest defenders of the United States would work so perseveringly, indefati- for Economic Development to assess movie, computer software, and recording in- gably, and with a tremendous sense of the rural economic development needs dustries rights against intellectual property humor and with a tremendous ability of the Virgin Islands and to map out a rights violation in China. Secretary Brown firm- for what he believed. strategy. It was Secretary Brown who ly believed America's economic strength great- As a matter of fact, today we were understood how vital the U.S. tourism ly depends on our ability to safely and freely originally to have had a business was to the Virgin Islands and market intellectual property in foreign markets. groundbreaking of a chemistry build- was working with us to help promote Secretary Brown's efforts were not focused ing on the campus in Gaithersburg of tourism through the international on foreign markets alone. He played an instru- the National Institute of Standards trade administration. mental role in directing funds so that small and Technology and a field hearing at Secretary Brown elevated the Com- town throughout our country could gain access the same time because of the passing of merce Department to a new standard of to the information superhighway. He insisted Secretary Ron Brown and the high es- honor—where business and government that the new telecommunications law, ensure teem in which he is held by all of those can work together for the good of the universal service and open access for all com- people who are employed not only in Nation. Today, the Commerce Depart- munities in our country, including inner city all of the facets of commerce and espe- ment is at the international vanguard areas. For Ron Brown, the information super- cially the National Institute of Stand- for American business. This stature is highway represented future social and eco- ards and Technology. This has now due to Secretary Ronald H. Brown’s vi- nomic growth. He was determined that all been postponed for a later date. People sion, leadership, and astute business Americans would benefit from these historic were grieving so, that they really felt intellect. changes. that they could not go on with another Mrs. CLAYTON. Mr. Speaker, we will Finally, for African-Americans Ron Brown undertaking of that nature. Certainly ask the gentleman from Georgia [Mr. served as an important role model. His life there will probably be a dedication in a LEWIS] if he will share also. I have been demonstrated to many young African-Ameri- time when it does indeed take place. advised that we have 3 minutes remain- cans that they can thrive in non-traditional I found him to be a man who did have ing, unfortunately, to all those who roles. As the first African-American chairman a sense of humor and a sense of com- would participate in our tribute. of the Democratic National Committee he was mitment, defended his Department Mr. LEWIS of Georgia. Mr. Speaker, the one person most responsible for the elec- very well and could work on both sides I rise today to pay honor and tribute to tion of President Clinton. As the first African- of the aisle. There was no real aisle our late Secretary of Commerce, Ron- American Secretary of Commerce in our Na- when it came to performing what he ald H. Brown. No words I can utter on tion's history, Ron Brown was by any objective truly believed in, and I had the oppor- this House floor today can do justice to standard the most effective Secretary of Com- tunity a week and a half ago to go to this great man, patriot, and public merce I have ever witnessed in my 23 years India, and I spoke to Americans who servant. I want to personally express in the Congress. Ron Brown was a shining ex- were engaged in enterprises in India as my great sense of loss at the passing of ample that African-Americans can lead this well as the Indian nationals who were this good and decent man and extend Nation and the world into the 21st century. involved in industry and business. my condolences to his family: to his His life was also a caution to African-Ameri- wife Alma, his son Michael, and his cans that your efforts to move beyond tradi- b 1745 daughter Tracy. Their loss, Mr. Speak- tional roles may be met with resistance. The They mourned, they mourned greatly er, is our loss, our party’s loss, and our rules for you will be different than the rules for the passing of Ron Brown. It occurred Nation’s loss. H3452 CONGRESSIONAL RECORD — HOUSE April 16, 1996 I first met Ron Brown more than 30 you, Mrs. CLAYTON, for arranging for Bosnia/Croatia trip, as well as uncommon in- years ago while vacationing on Mar- this special order. sights he had gathered about trade around the tha’s Vineyard. I was immediately Mrs. CLAYTON. Mr. Speaker, on a hillside world. struck by his boundless energy, cha- over Bosnia, this Nation lost 33 dedicated and From that meeting came the proposed PEC risma, sophistication, and style. Even committed Americans. ``Statement of Principles'' concerning export back then, one only had to spend a lit- Among those lost was the man we pay trib- administration. Those principles reflected tle time with Ron to know that he was ute to today, Secretary of Commerce Ron Ron's vision and wisdomÐdeclaring exporting a rising star. And so I was never sur- Brown. as a right of every American citizen, not a prised as I followed Ron’s career and We pay tribute to Secretary Brown because, privilege, as early versions of the Export Ad- watched this man grow and develop, in the finest tradition of America, he gave his ministration Act had stated. first as a young lawyer, then as a lead- life, in service to his country, while promoting And, those principles outlined what Ameri- er in the National Urban League in peace in a region torn by war. ca's position should be on export restrictions, New York and later here in Washing- This tribute has been organized by those of seeking to make sure, as Ron always did, that ton, as the chief counsel for the Senate us who serve on and who have participated there is a level playing field throughout the Judiciary Committee and later as a with the President's Export Council [PEC]. world and that no one nation could assume an partner in a prestigious Washington Secretary Brown was a public sector mem- unfair competitive advantage in an increas- law firm and as the chairman of the ber of PEC, and the driving force behind a no- ingly competitive marketplace. Democratic Party. table private-public partnership, whose mission While those proposed principles reflected Ron Brown was born in Washington, is to expand U.S. exports abroad. Ron's views, they were shaped and will be re- DC, and raised in Harlem, NY, and At the very first meeting of PEC, on Feb- shaped by all members of PEC, public and though he worked his way to the ruary 13, 1995, President Clinton attended, private, and certainly included the view of heights of the business and political and Secretary Brown welcomed and swore in those business and corporation representa- worlds in our Nation, he never forgot the appointees. tives who served. where he came from. He never forgot Secretary Brown emphasized that he would Indeed, Ron's work and the work of PEC how to speak with people. He never for- regard PEC members as the board of direc- made certain that businesses of all types, poli- got who it was that needed help and tors of America's National Export Strategy, tics aside, could benefit from the renewed hope and opportunity. Ron spent his first implemented in September of 1993. trade efforts, and they did. life and gave his life creating oppor- And so, Mr. Speaker, we think it only fitting During his tenure, important groundwork tunity for those less fortunate, for that the PEC ``Board of Directors'' lead a trib- was laid, major breakthroughs were experi- those who had not yet climbed up the ute to the person who, in our minds, was the enced, and future prospects for peace and economic ladder. chairman and chief executive officer of Ameri- prosperity were cemented. And, while Ron Ron Brown was a bridge-builder. ca's effort to achieve free and fair trade and was a deeply committed Democrat, on the Through his actions and his words he to give a chance to U.S. businesses of all matter of free and fair trade, he was first an was working to build what Dr. Martin sizes to market their goods and services American. Party took a second seat to the Luther King, Jr. called the beloved abroad. goal of expanding exports. community, a community at peace Ronald Harmon Brown was born in Wash- Ron knew what many of us have now come with itself, where people are not judged ington, DC, on August 1, 1941. to know. For every $1 million we make a avail- by the color of their skin but by the He was raised in Harlem by his parents, at- able to finance exports, we generate a $7 mil- content of their character. Ron be- tended Middlebury College in Vermont, was lion return, and, more importantly, we create lieved in creating opportunity for all commissioned an officer in the Army and new jobs. Americans and he used his position as spent time in West Germany and KoreaÐ In the First Congressional District of North Secretary of Commerce to promote surely the seed of foreign trade was planted at Carolina alone, there are more than 450 com- American business abroad and eco- this time. panies that manufacture goods of foreign mar- nomic development in communities When he left the Army, he joined the Na- ketsÐand nearly two-thirds are small- and where it was desperately needed. tional Urban League as a welfare caseworker, Robert Kennedy was fond of quoting medium-sized businesses, employing less evidencing early in his career a dedication to George Bernard Shaw: ‘‘Some men see than 100 people. public service. At night, he attended law things as they are and ask why,’’ Shaw All in all, eastern North Carolina ships more school. wrote, ‘‘I dream of things that never than $1.3 billion of goods overseas each year. Shortly after law school came his first foray were and ask why not.’’ Ron Brown did Indeed, in 1994, 270,000 new jobs were attrib- into politics, when he was elected district lead- dream of things that never were and uted to North Carolina, exports, generating er of the Democratic Party in Mount Vernon. ask why not. He dedicated his life and some $13.7 billion in revenue, a 21.7 percent gave his life to promote the country Immediately, he became known as one who increase. In 1994, North Carolina ranked 10th that he loved and to better the lives of could build bridges and close divides. in the Nation in exports. the people of this country. In 1973, he moved back to Washington, DC More and more, the economic well-being of Ron Brown will live in the annals of and, following a series of public and private- our region and our State depends on our abil- American history, not just as the first sector positions, on February 10, 1989, he ity to sell our products to other countries. African-American Secretary of Com- was elected by acclamation as the first African Clearly, our ability to generate good jobs in merce, but as perhaps the best, most American chair of the Democratic National the future is tied to exports and the ability of effective, and most accomplished Sec- Committee. local companies, small and large, to exploit retary of Commerce in the history of The rest is history, as Ron went on to help opportunities in other countries. our Nation. elect President Clinton and to be asked to As a member of the Subcommittee on Pro- Mr. Speaker, I, like so many others serve as Secretary of Commerce. curement, Exports, and Business Opportuni- will miss Ron Brown. His energy could In a relatively short period of time, he made ties of the House Small Business Committee light up a room. His enthusiasm could giant strides, distinguishing himself, making and an appointee of PEC, I have learned a inspire people to reach their greatest his mark in many places, leaving his perma- great deal about the relationship between ex- God-given potential. His vision and nent imprint on the sands of time. ports and better jobs. foresight returned the Presidency to Neither race, nor color, nor religion, nor I have come to appreciate eastern North his party. His counsel and guidance and background, or any of those false barriers Carolina's unique combination of harbors at wisdom will be sorely missed as we stood in his way. We could always count on Wilmington and Morehead City, a strong inter- tackle the problems that face our Na- him to fight another fight, to write another state system, and a state-or-the-art air ship- tion. One of what President John F. chapter, to run another race. Secretary Ron ping facility at the proposed Global Transpark Kennedy called our best and our Brown will be sorely missed. in Kingston which makes our area particularly brightest has been taken from our He will be especially missed for his work well-suited to be involved in the export boom. midst. with PEC in behalf of U.S. exports and his ef- I've been working with community leaders to Those of us who knew Ron Brown forts as Secretary of Commerce. One of his have the proposed Global Transpark des- were more than lucky, we were blessed. last appearances in the United States was at ignated a free-trade zone, which would make Again, I want to extend my condo- the most recent meeting of PEC. At that meet- it a hub for international shipping. If we are lences to the Brown family and thank ing, he shared his thoughts and plans on the successful, the seafood caught off our shores April 16, 1996 CONGRESSIONAL RECORD — HOUSE H3453 in the morning could be someone's dinner in paralleled. I believe it was Ron's early work on bia Bar, and is admitted to practice before Japan the next day. the Presidential campaign of 1992 that en- the United States Supreme Court. According to the U.S. Department of Com- A veteran of the United States Army, Ron abled then-candidate Bill Clinton to emerge saw tours of duty in Germany and Korea. merce, for every $1 billion in exports, 20,000 from the Democratic Convention with the mo- Secretary Brown has had an eclectic ca- jobs are created. mentum and resources that ultimately resulted reer. He spent 12 years with the National U.S. exports of goods and services can in his victory. Urban League, serving as Deputy Executive reach $1 trillion by the beginning of the next Another of the many distinguished legacies Director, and General Counsel and Vice decade and can produce over 6 million new that Ron Brown leaves is the dramatic results President for the organization’s Washington jobs. This could mean, by the year 2000, more of his tireless advocacy on behalf of American operations. He also served as Chief Counsel than 13 million Americans who will be earning for the Senate Judiciary Committee. He is a businesses in his 3 years as Secretary of former partner in the Washington, D.C. law their living as a direct consequences of ex- Commerce. Ron worked closely with busi- firm of Patton, Boggs, and Blow. And who ports. nesses large and small to identify new oppor- among us does not remember the brilliant But businesses, large and small, usually tunities and to promote American products. He job that he did as the Chairman of the Demo- face three challenges when they begin to look recognized the tremendous potential that for- cratic National Committee and 1993 Inau- to other lands, gaining access to the capital eign markets held and knew that American gural Committee. needed to open new product lines or modify firms must seize this opportunity if our Nation As Secretary of Commerce, Ron has trav- eled extensively, promoting the administra- existing ones for overseas consumers, attain- was to thrive as it entered the 21st century. tion’s trade policies and forging sound pri- ing technical training vital to dealing with other He worked effectively as a peer with the vate/public sector partnerships. Following governments, and finding the information most powerful business leaders in our Nation, the Los Angeles, Northridge earthquake in about regulations, American and foreign, and yet Ron Brown never lost his ability to identify January 1994, Ron was one of the first cabi- trade practices in other countries. with and related to average Americans. He net officials on the scene, working with Secretary Ron Brown, through the Depart- was greatly beloved in his boyhood home of local, State, and Federal officials to identify ment of Commerce and the President's Export Harlem and left strongly positive impressions and earmark funding sources for businesses Council had undertaken, like never before, to severely damaged and/or destroyed in the among the people he came into contact with quake. He has since returned to the quake remove those barriers to exporting, to over- while traveling throughout the country. damaged areas on several occasions to sur- come the challenges. Ron's leadership, keen intelligence, and vey the progress made by programs imple- Mr. Speaker, the greatest tribute we can passion will be greatly missed by all those mented under this aegis. give to Ron Brown and those 32 other Ameri- who knew him personally and his loss will Ron maintains a schedule that would tire cans who perished in Bosnia, is to keep their continue to be felt by many more whom he im- men half of his age. Yet he is always pre- work going and make their dreams come true. pacted through his work. I am a better person pared to go wherever he is needed, and he al- That is a tribute in which Democrats and Re- ways does it with aplomb and with a spirit of for having known Ron Brown, and I deeply unyielding optimism that inspires all around publicans, small, medium, and large busi- mourn his passing. him to achieve the same level of commit- nesses, and Americans of all stripes can join. Mr. DIXON. Mr. Speaker, we are all horrified ment. Growth in real incomes and living standards by the untimely death of the Honorable Ronald In addition to his weighty responsibilities depends heavily on trade. Harmon Brown, a man of incredible ability who as Commerce Secretary, Ron serves on sev- Secretary of Commerce designate Mickey was loved and respected across the globe. In eral presidential boards and councils. He is a Kantor recently noted that expanding trade is searching for words to appropriately honor member of the President’s National Eco- critical to creating good, high-wage jobs. him, I recalled the following tribute, which I nomic Council, the Domestic Policy Council, The 11 million Americans who owe their and the Task Force on National Health Care had the privilege of inserting into the CON- Reform. He serves a Co-Chair of the U.S.- jobs to exports are earning 13 to 17 percent GRESSIONAL RECORD on August 4, 1995. China Joint Commission on Commerce and more than those in nontrade jobs. Ron Brown TRIBUTE TO SECRETARY OF COMMERCE RONALD Trade, the U.S.-Russia Business Develop- had the right idea. H. BROWN ment Committee, and the U.S.-Israel Science I invite my colleagues to join me in keeping Mr. Speaker, as we prepare to return to our and Technology Commission. that idea burning and in creating a living leg- districts where many of us will be meeting Secretary Brown is also a member of the acy for a man who lived his life in sacrifice so with community and business leaders con- Board of Trustees for Middlebury College and that millions of his fellow citizens could live cerned about economic development oppor- is chair of the Senior Advisory Committee of their lives in pride. tunities in our neighborhoods, I want to use the Institute of Politics at the John F. Ken- this occasion to salute the outstanding ac- nedy School of Government at Harvard Uni- Mr. TRAFICANT. Mr. Speaker, today I versity. would like to honor the memory of the late complishments of a gentleman who has worked tirelessly to promote the cause of Mr. Speaker, I am proud and honored to Secretary of Commerce Ronald H. Brown. A business and economic opportunity through- have this opportunity to commend my good true leader. A successful, fearless man who out the United States and abroad. The Hon- friend, Secretary Ronald H. Brown, on the loved the big things: his family, his friends, his orable Ronald H. Brown, our distinguished fine job that he is doing as our Secretary of country, his work, his African-American herit- Commerce Secretary, is to be applauded and Commerce. He has led an exemplary career, age. And those are the important things. He commended for the outstanding job that he and I have no doubt that he will continue to lead and inspire. Please join me in applaud- was passionate and devoted to each. To his has done in serving as the administration’s enormously adept ‘‘Pied Piper’’ of economic ing him on an outstanding career, and in ex- wife, Alma and his children, Michael and Tra- tending to him, his wife Alma, and their two cey, please known that no man could have opportunity and empowerment. Ron Brown is the 30th United States Sec- children, attorneys Michael and Tracy, con- lived a more blessed and successful life. God retary of Commerce. In nominating him to tinued success in the future. be with you. this auspicious post, President Bill Clinton Ms. EDDIE BERNICE JOHNSON of Texas. Mr. MATSUI. Mr. Speaker, I rise today to noted that ‘‘American business will know Mr. Speaker, I rise today to note with appre- honor the late Ron Brown. Secretary Brown's that the Department of Commerce has a ciation the many achievements and inspira- tragic death on April 3 robbed our Nation of a strong and independent leader and a forceful tional life of Commerce Secretary Ron Brown. highly distinguished and talented leader. advocate.’’ Those of us who have been privi- With his constant good will and hard work, he Throughout his career, Ron Brown made the leged to know Ron can attest to his out- was able to build bridges where there once most of every challenge that confronted him. standing leadership acumen and his tenacity were valleys and hope where there was once and considerable powers of persuasion. He is As Secretary of Commerce and in his other a skillful negotiator and an indefatigable ad- despair. Secretary Brown used the power of work, he dedicated himself to creating oppor- vocate on behalf of America’s economic in- the Commerce Department to find ways to tunities for others. terests abroad as he seeks to expand and give opportunity to ordinary Americans, to I first met Ron when he ran Senator ED- open markets for American-made products generate jobs for the American economy, and WARD KENNEDY's 1980 Presidential campaign. around the globe. to build futures for American citizens. But I didn't begin to fully appreciate Ron's tal- Ron’s career has been structured around One could look at Ron's life as a series of ents until 1991, when, as chairman of the public service and helping to make America firsts. That would be a disservice, for in fact, Democratic National Committee, he asked me a better place for all of her citizens. A native his life was a series of first place and solid ac- Washingtonian, he grew up in New York to join him as treasurer of the DNC. where his parents managed Harlem’s famous complishments. Ron Brown always believed In that capacity, I witnessed first hand Ron's Hotel Theresa. He attended Middlebury Col- that we would succeed. Whether as a student vision and leadership. He had an uncanny lege in Vermont and received his law degree at Middlebury, staff person to Senator KEN- ability to bring disparate factions together and from St. John’s University. He is a member NEDY, or top campaign aide to the Senator, a capacity of persuasion that was literally un- of the New York Bar, the District of Colum- Ron was a success. As chairman of the H3454 CONGRESSIONAL RECORD — HOUSE April 16, 1996 Democratic National Committee, Ron was a The trip on which Secretary Brown and his of Rhode Island he genuinely made a dif- success. A lawyer, a skillful negotiator, a prag- 34 colleagues lost their lives was typical of his ference. matic bridge builder, and past highly success- missions. It was visionary in the most practical Last summer, Secretary Brown visited with ful chairman of the Democratic National Com- sense of the word. It was practical in the most me in my office to discuss the many programs mittee, Secretary Brown strongly believed in visionary sense of the word. He had the vision at Bryant College that focused on improving the promise of America and aggressively ad- to see that beyond the horrors of war wracking our State's economy by investing our re- vanced polices and programs to accelerate Bosnia and Croatia, lay opportunities for sources in international business. We talked the Nation's economic growth and create new American business to be of service, as well as about Bryant's existing initiatives like the jobs and opportunities for all American people. to engage in commerce. He was grounded Rhode Island Export Assistance Center and Under his leadership, the Commerce De- enough in the realities of that conflict to under- their innovative International Trade Data Net- partment became the powerhouse envisioned stand that the road to peace lay in the rebuild- work [ITDN]. The purpose of ITDN was to help by President Clinton. Secretary Brown pro- ing of those shattered communities. create and distribute practical information and moted U.S. exports, U.S. technologies, entre- When Secretary Brown's plane crashed into data that will enable businesses to effectively preneurship, and the economic development that mountain on the way to Dubrovnik, an and realistically target their export efforts to of distressed communities throughout the Na- American patriot became an American hero. actual opportunities. For Rhode Island, the tion. He is no less a hero because he died in an programs at Bryant were a way to reduce the He led trade development missions to five accident. He is no less a hero because some effects of defense downsizing and struggling continents, touting the competiveness of U.S. persons serving in this Congress have spent economy. goods and services. During his tenure, U.S. an inordinate amount of time besieging him Secretary Brown saw the impacts that inter- exports reached a record high, America re- and undermining the Department he led so national trade could have on local economies gained its title as the world's most productive brilliantly. He is a hero because he died in the and later visited Rhode Island twice to see economy, and exports and technology were service of this Nation, pursuing its interests at Bryant College and various other initiatives key contributors to the millions of new jobs the cutting edge of diplomacy and peace- first hand. He took the time to investigate our created during the first 3 years of President making. latest ideas and offer the support of this De- Clinton's administration. I would be remiss if I did not comment on partment. Truly, Ron Brown led by example. Mr. Speaker, my prayers go out to his wife Secretary Brown's meaning to me as an Afri- In the end, Ron Brown died as he lived: a Alma, son Michael, and daughter Tracy. Their can-American public servant. Secretary Brown dedicated patriot who selfessly give his all for strength and courage were displayed during could not be mistaken for anything else than friends and country. As a nation we are forced Secretary Brown's funeral service and they what he was, an African-American. He did not to continue without him, but his time with us should be forever proud of their husband and deny that fact, nor did he allow that fact to all will be remembered as a time of progress, father. limit his personal or professional horizons. To learning, and achievement. I yield back the balance of my time. Ms. SLAUGHTER. Mr. Speaker, today I join be sure, Secretary Brown did everything within Mr. CONYERS. Mr. Speaker, I rise this with my fellow colleagues to pay tribute to a his power to help African-Americans. Beyond evening to honor the memory of former Sec- truly great American, the late Secretary of that, he did everything he could to find points retary of Commerce Ronald H. Brown, an Commerce, Ron Brown. To many of us, Ron of convergence between the interests of American pioneer, patriot, and hero. Secretary Brown was not only a cabinet member with an Brown was also a dear friend. I am sure that America, African-Americans, and Africa. But impressive record of accomplishment, but he my sense of loss is shared by many who he never allowed himself to be the black Sec- was also a dynamic party leader, a trailblazer work, or have worked, on Capitol Hill. In 1979, retary of Commerce, nor, for that matter, the in the business world, a ferocious advocate for Secretary Brown became the first African- black head of the Democratic National Com- the business community as well as those in American to serve as a chief counsel for a mittee, or the black anything else. Ron Brown need, a role-model for blacks and whites alike, standing Senate committee when he took over was the Secretary of Commerce, in the serv- and a dear friend. the Senate Judiciary Committee. As was the ice of each and every American, hyphenated I will remember Ron for his charming and case throughout his career, his service on the and unhyphenated. captivating persona, for his astute mind, and Hill helped to chart a new course of participa- It is often said that a picture is worth a thou- for his love of country. Ron Brown was full of tion for African-Americans within the corridors sand words. I agree, a thousand and some- energy and enthusiasm in each endeavor that of political and public policy decisionmaking. times more. The picture that I have in mind is he undertook. As Chair of the Democratic Na- Being the first, being the only, being a pio- that of President William Jefferson Clinton pre- tional Committee, Ron utilized his skills in neer, was the former Secretary's calling card. senting an American flag to Mrs. Alma Brown bringing people together and motivating them He was the first African-American to join a so- at Arlington National Cemetery on Wednes- to work toward a common goal, and that pro- cial fraternity during his undergraduate days at day, April 10, 1996. That picture says it all. pelled the Democratic party to victory in 1992. Middlebury College. An Army officer, he was Secretary Brown's life was a life of service in In his capacity as Commerce Secretary, the only African-American officer in his unit the public arena in the pursuit of justice and Ron Brown was masterful in seeking out and during his tour of duty in Germany. He was opportunity. It was the life of an American pio- opening up new markets to U.S. businesses. the first African-American partner in the law neer, patriot, and hero. I know firsthand of his tremendous talent in firm of Patton, Boggs & Blow. He was the first Mr. KENNEDY of Rhode Island. Mr. Speak- bringing together the public and private sec- African-American to head a major political er, I would like to take this opportunity to tors in partnerships. A perfect example of this party. Finally, he was the first African-Amer- pause with my fellow colleagues to remember is in my home district of Rochester in which ican to head the Department of Commerce. our friend Ron Brown. As many have already Ron displayed his immense support of East- Upon nominating Ron Brown to be the 30th said, Ron Brown was an exceptional person man Kodak Corporation's efforts to halt unfair U.S. Secretary of Commerce, then-President- with a deep love for his family, friends, and trade practices that were detrimental to Kodak. elect Clinton declared, ``American business will country. Today, I would like to honor his mem- Upon Ron Brown's insistence, the Inter- know that the Department of Commerce has a ory by celebrating some of his achievements national Trade Commission concurred and strong and independent leader and a forceful as Secretary of Commerce. steps were taken to address the inequities. advocate.'' The President could not have been Our record in international trade will ulti- Ron was such a wonderful and unique lead- more prescient, nor could have made a more mately define the future prosperity of our Na- er because he recognized his role as Com- brilliant appointment. tion. The ability of our work force to meet the merce Secretary was broader than simply pro- Under the leadership of Secretary Brown, new challenges of the global economy and moting American business and trade in foreign the Commerce Department became one of the compete for high-skill high-wage jobs of to- lands. He also used his position to help en- major success stories of the Clinton adminis- morrow will be critical. No one understood sure the peace and stability that would provide tration. He launched a national export strategy these principles more than Ron Brown the foundation for a stable economic base in predicated on the very basic idea that Amer- As Commerce Secretary, Ron Brown ex- tormented nations such as Bosnia and Cro- ican exports translate into jobs and opportuni- panded our international role by reaching out atia. ties for American business and working peo- to countries all over the globe, and by Ron died in the midst of an important mis- ple. In the pursuit of this strategy, Secretary strengthening the foundations of our domestic sion. And he died doing what he did best: Brown conducted trade mission after trade economy. His work to improve our trade bal- building bridges between people and building mission abroad. He traveled most often to ance, increase overseas opportunities, and bridges between nations. what he liked to call the big emerging markets create domestic jobs helped to prepare the Mr. Speaker, I would like to join my col- of Asia, Latin America, and Africa. United States for the next century. In my State leagues in extending my deepest sympathies April 16, 1996 CONGRESSIONAL RECORD — HOUSE H3455 to Alma Brown, Ron's children, and all of the ing the Foreign Commercial Service, and be- logical innovation as the means to ensure family and friends of this extraordinary man. coming a booster of U.S. exports on a scale American job creation, economic prosperity, His presence will be sadly missed by the en- that had never before been seen. He poured and a higher standard of living. Under his ten- tire Nation. his energy and passion into his work at Com- ure, he worked to establish a nationwide net- Mr. GEPHARDT. Mr. Speaker, in the few merce, much the way he had done so at the work to help small businesses. He led trade days since Ron Brown's death, it has already DNC. I admired the aggressive manner in development missions to five continents, tout- become a cliche to speak of his brilliant politi- which he led that department, even in the face ing the competitiveness of U.S. goods and cal careerÐof his pioneering role as party of partisan political pressures to play a lower services. Under his leadership, U.S. exports leader, and his efforts to almost single- profile. reached a record high. handedly redefine the Commerce Department Our country could use another Ron Brown. Ron Brown worked vigorously to remove and its influence on the American economy. For he pushed boundaries and broke down outdated government-imposed obstacles that For those of us who considered Ron a friend, barriers almost instinctively, intuitively, as if he hindered U.S. exports, and he strongly be- it is reassuring to know that the country re- simply refused to acknowledge they were lieved in the competitiveness of American members him as fondly we do. But when there there in the first place. Perhaps, in that sense, business. His dream was to make America are so many tangible achievements to cele- we can find some shred of meaning in Ron's stronger, and he remained steadfast to this brate in a man's life, it becomes harder to rec- terrible deathÐbecause no risks and no commitment. Under Secretary Brown, United ognize what is less tangible, but perhaps more naysayers could ever have kept him from ex- States exports to Japan increased by one- important. ploring new terrain, reaching for new chal- third. He advocated for $80 billion in projects To me, there is a reason that Ron Brown lenges, and trying to redefine the world in and supported hundreds of thousands of U.S. broke down so many barriers in so many as- which we live. That he managed to do all jobs. His vision and leadership included his pects of his life, and shattered so many pre- those things in so few years is a powerful leg- understanding of the vital link between our conceptions about politics, race, and Ameri- acy indeed. economy and the integrity of our environment. ca's place in the world. For all his practical Mr. REGULA. Mr. Speaker, I would like to He furthermore understood the critical impor- and political talents, Ron Brown was an ideal- join members of the President's Export Coun- tance of protecting intellectual property world- ist, pure and simple. His goals for himself, his cil today in paying tribute to Secretary Ron wide, and to this purpose he negotiated with party, and his country were always based on Brown. Ron Brown was a personable individ- countries around the world. what should be, and not on what others ual and a master of the art of politics. He There was a purpose to Secretary Brown's thought could be. That is a rare quality in a served his country and his party with distinc- commitment that found fruition in his constant politician, and a rare quality in a human being. tion. I worked with the Secretary during his struggle to transcend all barriers. It is indeed But it is why people loved and respected Ron tenure as Secretary of Commerce and was al- befitting that this dedication will serve as his Brown, and were so often willing to abandon ways impressed with his dedication to eco- legacy; a befitting legacy that will outlive the their own goals and egos to work with him for nomic growth and jobs. We shared the goal of demise of its creator. His passing will not de- that higher purpose. promoting U.S. exports, as Ohio has become tract from the quality of his achievement, but I first began to work closely with Ron when a leader in the export of goods to other coun- will rather inspire us all to achieve more from he became chairman of the Democratic Na- tries. The objective of his final mission was ourselves. tional Committee in 1989, around the same again to facilitate the movement of U.S. goods His premature departure not only leaves a time that I became House majority leader. It into overseas markets, thereby working to void, it also leaves a tradition that has taught may be hard to remember just how bad pros- keep good jobs here in the U.S. I extend my America how to face and overcome adversity. pects seemed for the Democratic Party at that sympathies to Secretary Brown's family and His passing compels all of us to take note of point, and how few people believed that our friends. party could ever again capture the hearts and Mr. LANTOS. Mr. Speaker, I rise today in his outstanding determination and pay re- minds of the American people. Ron Brown both sadness and mourning to extend the con- spects to his commendable achievements. On was not only an unfailing optimistÐoften the dolences of myself and my family to Mrs. this day, I ask my colleagues to join me in re- only voice of optimism at those early meetings Alma Brown, their two children Michael and membering a man who served his country and strategy sessionsÐbut a man who be- Tracey, and to the entire Brown family. Your faithfully in both life and in death. lieved so strongly in the bedrock principles of husband, father, and mentor was indeed a f the Democratic Party, he refused to accept unique man who graced the institutions which TRIBUTE TO SECRETARY OF any reason why America would not rally he diligently served. COMMERCE RON BROWN around Democratic ideals and candidates. He was a man committed to the service of There is no question in my mind that Ron his country and to the fulfillment of a promise The SPEAKER pro tempore (Mr. Brown was the driving force behind Demo- he had made to himself and the community WHITE). Under a previous order of the cratic victories in both the 1990 midterm elec- that surrounded him in his youth. It was a House, the gentleman from North Caro- tions and the 1992 Presidential electionÐand promise that compelled him to demonstrate lina [Mr. WATT] is recognized for 5 min- that he worked and sweated for those victories time and time again that America's diversity utes. not out of some desire for narrow political was a strength and not a weakness. It was a Mr. WATT of North Carolina. Mr. gain, but because of his unshakable faith in promise that elevated him from his beginnings Speaker, I yield to the gentlewoman the Democratic Party as the party of progress in Harlem to the position of Secretary of Com- from Texas [Ms. JACKSON-LEE]. for average, working Americans. He never for- merce where he served with distinction and ul- Ms. JACKSON-LEE of Texas. Mr. got where he had come from, and who he timately died in that service. And above all, it Speaker, there is much that many of us wanted to help. was a promise that drove Secretary Brown to can say about our good friend and pub- Much has been said in recent days about tirelessly break down the barriers that divided lic servant for this Nation, Secretary Ron Brown's ability to heal divisions, to rec- people. Ron Brown. I simply want to say to oncile warring factions, to focus on what unit- Ron Brown was a lawyer and skillful nego- Alma, Michael, and Tracy and the fam- ed people as Democrats, or business leaders, tiator who became the first African-American ily, we loved and respected him; but to or Americans. He truly believed that you could chairman of the Democratic National Commit- America, he was a leader beyond lead- always accomplish more by working to- tee. Secretary Brown strongly believed in the ers. He realized that American business getherÐby bringing others along with you. promise of America and aggressively ad- meant American jobs. That may be why he established a unique vanced policies and programs to accelerate As a member of the Committee on precedent in working so closely with congres- the Nation's economic growth. He also be- Science, I saw his dynamic leadership sional leaders as party chairman. He really did came the first African-American to hold the of- in support of advanced technology, rec- bring the Democratic Party togetherÐsome- fice of U.S. Secretary of Commerce, and ognizing that was the future of Amer- times almost one person at a time. To see the through his outstanding inspiration, vision and ica. So it is my commitment to his depth of his empathy and understandingÐto force of will, left an indelible stamp upon the family and to his legacy that I will see how far he would go to understand diver- Department of Commerce. continue to work toward creating jobs, gent people and opinions, and then to find the His list of achievements reads longer than and I leave this tribute to Secretary common ground between themÐwas to see the endless accolades that have adorned his Ron Brown: the very essence of leadership. passage from this world into the next. Isn’t it strange that kings and queens and As Commerce Secretary, Ron Brown dra- Secretary Brown worked endlessly to cham- clowns that caper in sawdust rings and com- matically expanded his mandate, reinvigorat- pion the role of civilian technology and techno- mon people like you and me are builders for H3456 CONGRESSIONAL RECORD — HOUSE April 16, 1996 eternity? For unto each of us is given a bag known Ron Brown since he was a very rections, the characteristic that al- of rules and a shapeless mass and each must young man. I have seen him come up ways came through from Ron Brown give or life is flown as a stumbling block or through the ranks. He did it the hard surfaced. That was the ability, for stepping stone. way. He worked for it. whatever small period of time he had, It is my belief and the belief of the I appreciate the kind of commenda- to look at you in the eye and make you American people that Ron Brown was a tion that we are giving Ron Brown feel that you were the most important stepping stone for America, American today. I want to send my condolences person in life at that moment. We business, American jobs. Long live the to the family, especially to my baby, spent a few moments together, and legacy of the honorable Secretary of Michael, his son, and to say to Alma that came through to me. That is the Commerce, Ron Brown. and to her daughter, Tracy, that God memory that I will always have of Ron Mr. Speaker, I consider it a great privilege will go with them, as we all know, and Brown. and honor to participate in this special order in that Ron will always be remembered, Mr. Speaker, I would like to express my tribute to Ronald H. Brown, former U.S. Sec- and that we will keep his legacy going. condolences to Alma and the rest of the retary of Commerce. He had an outstanding He will not be a forgotten man. I also Brown family and to the families of those who career as a lawyer, National Urban League want to say to Mrs. Meissner, who lost perished tragically in the plane crash in Cro- executive, Democratic Party chairman, Cabi- her husband, to send my condolences to atia. net Secretary and close Presidential adviser. I her. The outpouring of support that we have am proud that the city of Houston paid tribute People were magnetized by Ron seen since Ron's passing is a testament to to Secretary Brown and the others that per- Brown. He lived in such a way that the life he led and the impact that he had on ished on April 3, on Friday, April 12, 1996, at people would gravitate towards him be- people. Since his passing there have been Antioch M.B. Church. cause they knew he was good. I will two things that have been said about Ron Ron Brown used his many talents to create tell you one thing, Mr. Speaker, every most frequently. They are that Ron Brown had a better quality of life for all Americans. This youngster in this country who is from a lot of friends and that he had a tremendous special order's focus on his impact on the ex- a poor or disadvantaged community, or amount of political acumen. I knew both of pansion of American-owned companies into even more, all over this country and all those things were true. foreign markets is very appropriate. During his over this world, not due to ethnicity, Almost 2 weeks after Secretary Brown's tenure at the Commerce Department, he rede- race, or creed, will pattern themselves passing I think it is necessary for us to con- fined the Department's mission to provide eco- after Ron Brown, because they see an tinue to honor his life and celebrate his legacy. nomic opportunity for every American. More- opportunity in him, in what he did, to Ron Brown taught us about the importance of over, he believed that peace and prosperity make the American dream work. That providing jobs for our citizens through eco- could be strengthened and promoted through is going to be his legacy. nomic expansion and ensuring equality of op- He walked through the streets of Lib- international trade. portunity so that all could share in the fruits of erty City with me, a very poor commu- Over the past 3 years, he helped develop a economic expansion. nity, and he reached out to every one national export strategy to assist American EXPANDING ECONOMIC OPPORTUNITY companies in increasing their exports to for- of them, yet he got to be a counselor to the President of the United States. He Ron Brown knew that the success of the eign nations. Since 1993, American-owned American economy in the 21st century would companies entered into commercial deals with sat on the Cabinet. When I think of Ron, I think of a depend upon expanding economic opportunity foreign businesses in the amount of $80 bil- poem which we call, and I am going to for all of our people. In a time where the gap lion. paraphrase it, The Builder: between the rich and the poor is ever-widen- Most of this expansion was as a result of There was an old man at evening tide who ing, we must see to it that our economy cre- his tireless efforts in leading numerous trade was building a bridge on the countryside. A ates jobs which provide living wages. We must missions around the world. He supported the young man came to him and said, ‘‘Old man, also see to it that the good which flows from creation of strong ties with new markets in Af- why do you try to build this bridge? When economic prosperity is shared among all of rica. Asia, Latin America and Eastern Europe. the tide comes in you will be long gone. You our people. Brown also helped to streamline regulations won’t be here.’’ And the old man lifted his EQUALITY OF OPPORTUNITY that unnecessarily hindered the exports of our head and said, ‘‘Young man, let me tell you something. The reason I build this bridge at Ron Brown knew that our schools and our goods and products. workplaces should be a reflection of America Brown served on President Clinton's Na- evening tide is there will be a young man such as you who will come after me. Young and should ensure equality of opportunity. He tional Economic Council and the Council on man, I build this bridge for thee.’’ saw to it that his Commerce Department re- Sustainable Development. He was also a That is why Ron did what he did, to flected the racial, ethnic and gender dif- member of the council on Foreign Relations. build bridges for all of us. I thank the ferences of the taxpayers on whose behalf his He chaired the Trade Promotion Coordinating gentleman for sharing his time with Department worked. Ron worked to provide Committee, which was comprised of 19 Gov- me. opportunities for others who might not have ernment agencies, to strengthen the American Mr. WATT of North Carolina. Mr. been given the chance. Ron Brown knew that economy through trade. Speaker, I thank the gentlewoman for there were many more Ron Browns with intel- Ron Brown was a man of great vision and sharing in this special order tribute to ligence, ambition and the will to succeed. Ron understood the importance of technology in Ron Brown. Mr. Speaker, I want to Brown gave them an opportunity to shine. our growth and development. He was a strong spend a minute or two in this final part They were African-American, white, Latino, supporter of the Commerce Department's ad- of the 5-minute period just saying a Asian-American, they were among those who vanced technology program, which helped cre- couple of things, more from the heart. accompanied him on the mission to Bosnia. ate thousands of businesses that will lead us First, Mr. Speaker, I want to express We must continue to work to see to it that into the 21st century. my condolences to Alma Brown and to America fulfills this promise of equality which All of us in public service owe a great debt the entire Brown family, and to the Ron Brown exemplified. to Ron Brown. He inspired us to always re- families of those others who perished As we honor our late Secretary of Com- main optimistic, to be committed to achieving so tragically in this crash. This was a merce we must not forget these things which our objectives and work to ensure that no devastating loss for our country and his life has taught us so well and we must American is left behind. This is his great leg- for me personally. work to continue his legacy. acy. Let us renew our commitment to public Second, I cannot help but recall the Mr. Speaker, I thank the gentleman service. very last time that I saw Ron Brown, from Ohio for providing this oppor- Mr. WATT of North Carolina. Mr. which was in the hall in the Rayburn tunity to do this special order before Speaker, I yield to the gentlewoman Building. I had been involved in a hear- his special order comes forward. from Florida, Mrs. CARRIE MEEK. ing and was rushing in one direction. f Mrs. MEEK of Florida. Mr. Speaker, I Ron had been called before a commit- thank the gentleman for yielding to tee of the House to testify at another TAXES me. hearing. He was coming out of that and The SPEAKER pro tempore. Under a Mr. Speaker, it is very difficult for was rushing off to another place. previous order of the House, the gen- me to discuss my feelings, my personal Despite the fact that both of us were tleman from Ohio [Mr. CHABOT] is rec- feelings, about Ron Brown. I have in a hurry and headed in different di- ognized for 60 minutes. April 16, 1996 CONGRESSIONAL RECORD — HOUSE H3457 Mr. CHABOT. Mr. Speaker, the topic housing, all those things, we are spend- This is no joke at all. Unfortunately, of our special order this evening is ing less for that than we are for taxes. this is the real thing. This is just the taxes, and periodically, we will likely That shows again that we are just over- Tax Code itself, so we can see how be joined by some other principally taxed in this country. much it has grown and how much it freshman Members of this House. One At this time I have been joined by has expanded over a period of from 1940 of the things that we all share is that several of my colleagues. I will pick up to what it presently is today. we all believe very firmly that taxes here in a few minutes but I would like The IRS actually sends out 8 billion are just far too high in this country. to, I believe, start with the gentleman pages a year in forms and instructions, The American public is overtaxed, and from Kansas [Mr. BROWNBACK] since he which itself would stretch around the our Government overspends, and we was here first, and I will at this point world 28 times, just the words that have to do something about that. yield to a good friend of mine from they send out and the billions of pages. I am 43 years old, and back when I Kansas [Mr. BROWNBACK]. In 1948 a typical family paid only 3 was born, and I was born in the early Mr. BROWNBACK. I appreciate the percent of its income in Federal taxes, 1950’s, during that period of time the work that the gentleman from Ohio 3 percent. Imagine that. Because today average American family in this coun- [Mr. CHABOT] does in representing Ohio they pay 24 percent, 8 times as great as try sent about 5 percent, 3 to 5 percent in this great Nation, one of the big in 1948. Imagine what an increase in to Washington in the form of taxes. power forces we have had in this new salary and wages and income we would Here we are 40 years later, and that freshman class of things we have been be giving the American people if we has gone from 5 percent up to about 25 able to get done. I do not know how could cut the Government back even a percent that Americans send to Wash- many American people recognize that quarter of the way to where we were in ington to cover our Federal Govern- this freshman class has hit here and 1948. ment’s spending. But that is not the people like the gentleman from Ohio According to the Tax Foundation, more than 3 hours of every working whole picture. It is even worse than [Mr. CHABOT] have gotten things done, day are dedicated to the Tax Code. that. When you add State taxes, local sent here to make Washington smaller, That is how long Americans work on taxes, city taxes, county taxes, town- more efficient, work better for the average to pay their taxes. In total, in- ship taxes, school taxes, sales taxes, American people, and it has happened. dividuals will spend 1.7 billion hours real estate taxes, all the other taxes One of the things we have not gotten filling out their taxes, responding to that we pay as Americans, the average done yet is changing the taxes and this stack of books here, of rules and American family now spends about 40 being able to get the tax burden less on the American people. We have passed it laws and words that govern our life. percent, 40 percent of what it earns in My point in mentioning all of this, and passed it again, and have been ve- the form of taxes. and there is a number of other facts toed and sent back by the President. b 1800 that move forward with this, is that we As the gentleman aptly put forward, have far too much tax burden on the Another way to look at that 40 per- the American people are I think taxed American people. Average working cent figure is that if you work Monday to the max, to the point now that they American people across this country through Friday, you are working Mon- work nearly 40 percent of their year day and Tuesday for the Government are working too much for the Govern- just to pay taxes at all levels, and it is ment and not enough for themselves and only Wednesday, Thursday and just too much. Friday are you able to support your and their own families. I wanted to make another point, if I We have got to much manipulation family on the money that you earned. could, on the issue of taxes. I have got out of Washington, trying to That is far too high, far too much of a some words here in front of us that micromanage our individual economic bite out of the taxpayers of this coun- rule our lives, if I could show these to and personal decisions, trying to make try coming to the Government. the American people. I think it will be everybody, I guess, perfect across the Another way to look at it is if you kind of interesting to other Members of country as somebody might have de- work an 8-hour day, about 3 of those Congress. signed from here. The Tax Code was hours are worked for the Government. I have got on this page the Declara- written by a thousand different Mem- That is just ridiculous. I am sure that tion of Independence, where we de- bers of Congress at different times over our Founding Fathers and founding clared independence from a dictatorial the eight decades that we have had an mothers never envisioned anything nation that was telling us to live a dif- Internal Revenue Code. like the burden of taxation that we ferent way than what we wanted to, I just think it is time we say enough now have on the people of this Nation. and these are some words that rule our is enough. We have got too much of a Wages have gone up somewhat. If we lives. Within this page is the Declara- tax burden, it is too complex, it is too look since 1989, for example, wages tion of Independence that talks so much manipulation out of Washington, have increased somewhat. However, much about the freedoms and justice and it is time we cut it down to size. It when we look at the tax burden, the that we treasure so much as the Amer- is time we cut the tax burden, and give fact that taxes have gone up, we are at ican people. the American people a real raise by best in this country treading water. We I also have with me today the Holy cutting their tax burden. are trying to stay even. But we are Bible, words that help with our life as It is time we cut back on manipula- really losing out on the American well. I have got the number of words tion out of Washington and say that dream. here, 773,000 words approximately in the Tax Code is not for social engineer- Our parents, I know my parents, en- the Holy Bible. The size of this, Dec- ing, it is not for economic engineering. visioned their children doing better laration of Independence, 1,300 words. The Tax Code is for raising revenue for than they did. We all want to advance I have got to show the Members of the Federal Government. It should be some in life. The problem is right now Congress the 1940 Tax Code. I thought done with a lot of change that we are because taxes at all levels of Govern- we would go back a little ways and we going to have to get through, and mak- ment, particularly at the Federal level would see the 1940 Tax Code, and I can ing these sort of changes so the Amer- of Government, have gone up and up still lift this one up. It is 4 volumes, ican people can get the relief that they and up, the American dream is being the United States Code Annotated, In- need to have both in the burden and destroyed. Because we are overtaxed, ternal Revenue Code of the United the quantity of manipulation they are we cannot keep enough of our own States, 1940’s Tax Code. getting out of Washington. money to support our families, and I cannot pick up the current Tax I see we have been joined by some that absolutely has to change. Code of the United States. I guess I other colleagues. A group called the Tax Foundation, need to be lifting weights better, then Mr. CHABOT. Reclaiming my time, I for example, calculates that in this I would be able to. The gentleman from thank the gentleman from Kansas. I country we right now pay more in Arizona [Mr. HAYWORTH] might be able particularly think it is very interest- taxes than we do for food, clothing, or to do this, but it is a stack about 21⁄2 ing the figure you used about 8 billion housing, shelter, medical costs. Think feet tall of books. It contains 555 mil- forms and instructions that go out to of that. Food, clothing, health care, lion words that control our lives. taxpayers all over this country. H3458 CONGRESSIONAL RECORD — HOUSE April 16, 1996 I think one of the interesting figures cut. The American people responded to ly believe that we should make it that I had seen recently was to put to- that plank in then Governor Clinton’s tougher for Congress to ever raise gether those forms, we have to cut platform and he was elected. Once taxes again. down 293,000 trees just to put together elected, President Clinton not only b 1815 these forms that we send out to the abandoned his pledge for a middle-class American public and I personally think tax cut but he gave us the largest tax Unfortunately, since it is a constitu- that we ought to leave a lot more of increase in history. I note that one of tional amendment, we needed two- these trees standing and cut down the my colleagues yesterday came onto the thirds of this House to pass it. Some Tax Code substantially. I yield to the House floor and disputed that, saying 234 Members of this body voted for it, gentleman from Mississippi [Mr. WICK- that actually maybe it was the largest 177 voted against it. Almost every Re- ER]. tax increase in peacetime history. publican, there were only 17, I believe, Mr. WICKER. I thank my colleague Regardless of how you do your fig- Republicans voted against it. And 200- from Ohio for yielding. I certainly also ures there, it was a whopping increase plus Republicans voted for the con- want to commend my friend from Kan- of nearly $260 billion, which meant a 4.3 stitutional amendment. There were a sas for the remarks which he just cent per gallon tax on gasoline which relatively small number of Democrats made. I certainly hope that he will affected farmers, truckers, and people who joined us on this. leave those books there on the desk. certainly living in the rural areas of But there are many people in this They are a graphic example of the in- my district in north Mississippi. The House, and even though we did not get crease in the complexity of our Tax Clinton tax increase involved a 70-per- it this time, we are going to keep com- Code over the past number of years. cent increase in the amount of Social ing back, because we should definitely They translate into something very, Security benefits that can be taxed. I make it tougher for this Congress ever very practical, and, that is, the fact certainly am proud to stand as one of to raise taxes on the American people that too much money is being taken the Members of this House of Rep- again. out of household budgets and brought resentatives who voted to reverse that At this time, I would like to yield to to Washington, DC, and that is just a tax and repeal that tax and certainly one of the most articulate and truly very graphic example there. regret the fact that President Clinton one of the leaders of the freshman Yesterday was tax day all across the has stymied us and not allowed that re- class, the gentleman from Arizona, Mr. United States of America, which was peal of that tax to go through. Also J.D. HAYWORTH. another reminder to American families small businesses were hit hard. Don’t Mr. HAYWORTH. Mr. Speaker, I and American working men and women take my word for it. The National Fed- thank the gentleman from Ohio and of the bite that the Federal Govern- eration of Independent Business called the gentleman from Mississippi and the ment takes out of household incomes. the Clinton tax plan about as anti- gentleman from South Carolina for But there is another date that is also small business as you could ever see. joining us here to talk about taxation. very, very significant, and that is May So I would simply point out to my I thought especially eloquent was the 7, to be exact, May 7, 1996. That is Tax colleagues, Mr. Speaker, that there are gentleman who preceded me at this po- Freedom Day in the United States of fundamental differences in our ap- dium, the gentleman from Kansas. And America. That means that the average proach to this very, very significant while he is quite eloquent in his ver- American has had to work until May 7 issue. The Republicans in the House of biage, I thought the stack of books just to pay his obligation for all Fed- Representatives and in the Senate that now comprise the Internal Reve- eral, State, and local taxes. Not until stand for lower taxes, tax cuts which nue Code, Mr. Speaker, with those join- May 8, 1996, will the average American not only benefit families but also ing us on television this evening and begin working for himself. which will encourage job creation. And this afternoon back in my home State This is the latest time during a cal- so I thank my colleague from Ohio for of Arizona could see with their own endar year that Tax Freedom Day has putting together this special order and eyes that huge stack of books in a sys- occurred. What that means is that the I look forward to participating in it tem that has grown more and more tax burden on Americans is heavier this afternoon. complicated. I think just as there were than it has ever been in the United Mr. CHABOT. Reclaiming my time, I volumes upon volumes, that picture States of America. I want to commend thank the gentleman from Mississippi spoke volumes. our party, the Republican Party, for for sharing his thoughts on taxation. The gentleman from Ohio, you men- proposing a solution to that and pro- You mentioned the disparity, the dis- tioned yesterday’s proceedings, and I posing to change the direction. crepancy between the two parties in thought it was interesting what tran- Sometimes I go back home and peo- this House and I do not think it could spired in this Chamber during the ple say, ‘‘Well, ROGER, there’s too have been plainer than as recently as course of the debate. A couple of argu- much partisan rhetoric on the floor of yesterday. What we attempted to do in ments used and one, quite candidly, the House of Representatives,’’ and cer- essence was to make it tougher, make that some Members of the new major- tainly I applaud any effort at biparti- it harder for the Government to raise ity bought into, was this notion that sanship, and I also applaud the efforts income taxes on the American people. somehow the Constitution of the Unit- of those who have put forward the ci- Right now we can do it with a simple ed States should not be amended or vility code. I think we need more of majority of Congress, taxes can be amended only sparingly. I just thought that. raised on the American public and as- it was worth going back to article 5 of But, Mr. Speaker, there is a reason suming that the President signs the the Constitution, this document of lim- for the very pitched partisan debate bill. ited and enumerated powers, to see pre- about the tax issue. And that is this. What the Republicans in this House cisely what is said. Again, I think the That there are two very, very fun- tried to do was to make it tougher, to first clause in article 5 lays it out quite damentally different approaches to go up to two-thirds. We tried to pass a simply: The Congress, whenever two- taxation represented here in this Cap- constitutional amendment that would thirds of both houses shall deem it nec- itol building. There is the Democrat require two-thirds of this House and essary, shall propose amendments to approach of 40 years of increased tax- then two-thirds of the Senate in order this Constitution. ation, increased overreaching into the to raise taxes on the American public. Now, for the accurate historical pic- pocketbooks of American workers, and Mr. WICKER. If the gentleman would ture, of course there is one prohibition we are here now as a Republican major- yield on that point, I think the gen- dealing with the Government and deal- ity for the first time in 40 years to re- tleman would agree that four out of ing with a certain year date, 1808, with verse that trend. the last five tax increases would not reference to some amendments to the The differences at the national level have been enacted had that provision Constitution, but that had to do with are certainly heightened, I think, by been part of the Constitution when the foundation of this very republic none other than the President of the they were voted on. and some time-sensitive matters. United States. Candidate Clinton ran Mr. CHABOT. Reclaiming my time, I But that is clearly where it is left. in 1992 promising a middle-class tax think that is absolutely correct. I firm- You see, our Founders did not say, now April 16, 1996 CONGRESSIONAL RECORD — HOUSE H3459 we would limit you to a Bill of Rights derstand this. Adjusting for inflation, you are going to talk about just prior or to 40 subsequent amendments. They according to the Center for Small Busi- to tax day. I thought about well, May left no numerical prohibition there. ness Survival, even adjusting for infla- 7 is Tax Freedom Day. I thought about Nor did they feel it was their place to tion, the cost of the Federal Govern- how the average family sends almost 40 articulate a procedure that either of ment from 1913 until the present day percent of what they earned off to the these two Houses in the legislative has increased in excess of 13,500 per- Federal, State, or local government. I body would follow. cent. The marginal tax rate on families thought about how, you know, a hard- Indeed, yesterday, Mr. Speaker, it has increased some 4,000 percent. working couple works almost until was very interesting to watch Members The arguments have been made elo- noon to pay for the total cost of Fed- of the liberal minority stand up to pro- quently here again in this special eral, State, and local government. But fess great feeling for the Constitution, order. I commend the gentleman from what occurred to me was why in the but in reality, to hold higher alleged Ohio. But simply this thought should world would I be telling them that? Be- rules and customs of this House than be remembered: When the average cause they know it a whole lot better the Constitution. To somehow claim, American family surrenders more to than I do. In fact, when I have neigh- and I know that I am joined here by the Government in taxation than it borhood office hours, people come up to friends who work on the Judiciary spends on food, shelter, and clothing me saying, MARK, do you realize how Committee who are in their own right combined, something is fundamentally much we are paying in taxes? juris doctors. And for the purpose of wrong. We were sent to this Congress So I did not want to state the redun- full disclosure Mr. Speaker, ‘‘J.D.’’ in with a basic premise and a basic prom- dant, and so I looked. I do not know if my name does not stand for juris doc- ise: To let the hard-working people of you all have heard, Charles Adams tor. It stands for JOHN DAVID. I am not the United States of America hand on wrote a book entitled ‘‘For Good and a lawyer, nor have I played one on tele- to more of their hard-earned money Evil: The Impact of Taxes on The vision. and send less of it to Washington. Course of Civilization.’’ So I got out But I think it is worth noting that Mr. Speaker, I salute my colleagues pen and pad and began to work my way our Founders simply said whenever who join me here tonight. I salute through his book. What he does in his two-thirds of both Houses deem it nec- them also for voting for this tax limi- book is he looks through the course of essary, they gave us the ability to tation amendment. civilization, and with each different bring these proposals directly to the Mr. CHABOT. Mr. Speaker, I thank civilization breaks out tax rates. floor. And if there were ever a proposal the gentleman from Arizona. What was interesting about his study that we needed to move on, it was the Reclaiming my time, I would like to is that if you start, let us say, with the tax limitation amendment that fell at this time recognize, introduce the Egyptians, go all the way back to the somewhat short last night but is long, gentleman from South Carolina [Mr. Egyptians. You go back, let us say, long overdue. SANFORD], a very good friend. I also 3,000 B.C., to all the way to when they Mr. Speaker, I attempted to offer want to compliment the gentleman ended, which I guess was around 476 some perspective during the course of from South Carolina on a recent score A.D. And if you look at taxes in their last night’s debate, and indeed I thank he received from one of the groups that civilization, what you would find is the gentleman from Ohio for allowing ranks Members of Congress, and that is that on average, they had an agricul- me to fulfill a promise, because as I the National Taxpayers’ Union. And tural production tax of about 20 per- said from that well that we would have what they do is they go through a very cent. And then during hard times, this to wait for a special order to articulate large number of votes and keep track is nothing you would see with the IRS this. But a couple of points worth not- of which Members are really serious today. But during hard times, they had ing. Those folks who were so reluctant about cutting spending and cutting what they call philanthropa, wherein to amend the Constitution failed to an- taxes. They put all the votes together, the pharaoh would say, we had a bad swer the question I proffered last and of the 435 Members of the House, year with crops this year, therefore, night. And that was, if a direct per- this gentleman was tied for No. 4, I be- there would be no taxes this year. It sonal income tax were such a good lieve, and of the freshman class, you was rumored that is where the word idea, why did the Founders not put it were tied with lead, coincidently with ‘‘philanthropy’’ came from. But rough- in the original document? They were myself. ly around 20 percent. strangely silent about that amend- But in any event, I want to thank the Then you move to the Greeks. Ath- ment. gentleman and commend you on that ens and Sparta had this sort of mili- But also it is worth noting what particular score, and let us keep cut- tary sharing arrangement there with transpired in the wake of the 16th ting taxes and reducing the rate of the other city/states to fight off the amendment. The Center for Small spending in some areas and cutting Persians, which they did quite success- Business Survival put together a sur- spending in other areas. fully. And what was interesting there vey, put together a study, went back The gentleman from South Carolina was they had an indirect tax, a tax and took a look at the original tax [Mr. SANFORD]. ranging anywhere from 2 percent to code in 1913, in the wake of the passage Mr. SANFORD. Mr. Speaker, I thank around 10 percent, 10 percent if it was of the 16th amendment, and the num- the gentleman from Ohio for yielding a shipping channel covered with pi- bers were absolutely astounding. If we the time. rates, 2 percent if it was not. And then wre to take the tax code of 1913 and I consider it good company that I had around a 10 percent harvest tax for the apply it in 1990’s dollars, a single per- both this evening and on that particu- city/states. They actually had the first son filing singly, of course, would be lar scoreboard. I do not know if I thank progressive tax, which they called lit- exempt on the first $46,000 of his in- you, though, for putting me behind urgy, where it was a voluntary tax for come. A married couple filing jointly J.D. It is always horrible following J.D. somebody who lived in that city/state would be exempt on the first $59,000 of J.D., you are a walking encyclopedia who was doing well, they would come their income. And most astonishingly, on this stuff, and I admire the almost and say, we need this help with x. to take the 1913 tax code and project it ever-growing list of things that you Would you help us? And there was a into 1990’s dollars, 1 percent tax would know about on the whole tax matter. I voluntary tax. But roughly again be levied on the first $298,000 of earn- applaud your efforts there. somewhere on the order of 10 and 15 ings. Absolutely astonishing. I would simply say this. I do not percent on average. How then do we account for the want to beat an old horse, and a lot of Then in Rome, you break out the re- change? How do we account for the vol- things have been covered as we have public versus the empire during the umes the gentleman from Kansas talked about taxes, but I would like to first part. During the republic, there brought? Quite simply this. The insa- throw in these two cents. That is, we was very little in the way of tax be- tiable desire of this Federal Govern- had a town meeting last Saturday, just cause you had a volunteer economy. ment to take money from its citizens, prior to everybody sending in their tax What you had there is with their army, to reach into the pockets of hard-work- returns, back home in Charleston, and every citizen who was a landowner vol- ing Americans. If you need proof, un- I tried to think about what is it that unteered for the army for 1 year. That H3460 CONGRESSIONAL RECORD — HOUSE April 16, 1996 spirit of volunteerism, if you want to you could only squeeze so much blood White House it was vetoed. This is un- call it that, was so pervasive that even from a turnip. fortunate because we should not penal- the magistrates volunteered. So as a People responded to that tax. If the ize married people. We should encour- consequence, there was not a lot in the tax was up at 70 percent, sure enough, age people to be married in this coun- way of taxes. They had indirect com- the second earner stopped earning. try. mercial taxes and custom duties, which They stayed home more. If it was down Capital gains relief is another exam- ranged from on the order of 2 percent to 20 percent, they went back to work. ple of tax relief that we tried to pass to 5 percent. Unfortunately they had People responded. So, first, you can this year in this house. Capital gains I slave auctions back then, which were only squeeze so much blood from a tur- think is something that is very impor- roughly another 2 to 5 percent. But nip; and, second, this is where Reader’s tant, because some people think cap- those were the two big taxes. Digest recently did a poll and went out ital gains is just for rich people. Sev- Then as you moved into the empire, and asked folks, ‘‘What do you think a enty-three percent of the people who taxes began to go up because, first, fair tax rate would be?’’ benefit from capital gains relief earn they had tribunal, which was a war tax. They asked males, they asked fe- less than $75,000. There was a 5-year census. Every 5 males, they asked whites, blacks, and Many senior citizens in their pension years they took a census, and then de- people earning below $35,000. They plans and their IRA’s and other things pending on your wealth, if you were asked people earning above $35,000, benefit from relief. Most importantly, poor, roughly about one-tenth of your ‘‘What would be a fair tax rate?’’ Re- capital gains relief means that the wealth was taxed. If you were wealthy, soundingly, in each of those different economy will thrive more. It will mean roughly about 1 percent of your wealth categories people came back with the more jobs for Americans, more entry was taxes. And that tax went off. And answer, around 25 percent. level jobs for teenager, for example, so if they were successful in their war ef- Any yet, as you know, our overall tax we need capital gains relief in this fort, there was a rebate with the booty burden is closer to 40 percent, which country. The adoption tax credit is something that came with war. again says to me two things: First, civ- we passed here. The President, by the They had a couple other taxes, again ilizations must have had something way, vetoed the capital gains relief. a 10-percent harvest tax, a 20-percent right throughout time, and the fact The adoption credit, we wanted to give orchard tax, a 5-percent custom tax. that they were at or below 20 percent a $500 tax credit to people in this coun- And toward the end of the empire, they on average says to me that we are probably out of whack. And, second, if try for adopting a child. There are actually began to have an inheritance many diverse views in this House about Reader’s Digest gets it right, maybe tax of around 5 percent. But again, the issue of abortion, a controversial they could pass along the lesson to us something just slight of 20 percent on issue. Some are pro-life, some pro- here in Congress, in that here we are average. choice, but I think we all agree that we bouncing along in the neighborhood of If you looked at the Spanish decline, want to reduce the number of abor- 40 percent. What do their readers say? the Spanish empire and how it de- tions, and the $500 tax credit or, excuse Around 25 percent would be fair. clined, what you found was they had me, $500 adoption credit would encour- So I just thought that that was inter- two main taxes there. The second tax age people to adopt children. began to get out of whack, if you will. esting to look at that whole time We wanted to give seniors in this There was a revolt there with Charles frame and just say where are we in the country relief. Right now a senior citi- V around 1520 as a result of these taxes grand perspective. Because when I say zen, once they earn about $11,000 they because they were not viewed as fair. tax freedom or I say, do you realize you start losing their Social Security Bene- are paying x, people already know that. b 1830 fits. That does not seem fair. Seniors What was interesting was to look at all over this country have paid into So- They almost had an arrangement those numbers and to say, boy, 20 per- cial Security all their lives. Then they wherein the legislature was promised a cent seems to be a number that has retire, want to make a little bit of whole lot of benefits, pensions, et worked throughout time. money, and they start losing their So- cetera from the king, which worked I will yield back. I do not want to cial Security benefits. fine until the taxes got too high and take too much of your time. So what we did is, we passed in this then there was revolt. Mr. CHABOT. I thank the gentleman, House relief which allowed seniors to The Swiss have long understood the and reclaiming my time, I think the go from $11,000 to earning up to about connection between liberty, taxes, and gentleman from South Carolina makes $35,000 over a 7-year period. It was a democracy, and for that matter all rev- many, many very good points. I cannot gradual increase in the amount that enue matters essentially come to vote. touch on all of them, but I think you could be earned before they started to An example of that would be, in 1991 a cannot squeeze blood out of a turnip or lose their Social Security benefits. value added tax was proposed in Can- only so much is right on the mark. Fortunately, that was one of the things ada and passed. The same value added That has been one of the problems with that the President did not veto, so that tax was proposed in Switzerland and the government, particularly the Fed- was passed, and I am very pleased failed, in large measure because they eral Government, is they thought there about that. could take that vote straight back to was just an unlimited ability to The final thing I wanted to mention the people. squeeze blood out of the American pub- that we have done in this Congress But what struck me about all this, lic. The limit for taxes, just unlimited, thus far is, we wanted to give a $500 tax and you could wander through a whole just keep raising them, and we have credit for families who have children. lot of empires and civilizations, was gone far beyond a level which is appro- So if you have two children, that would that you can only squeeze so much priate in this country. be a thousand dollar tax credit, not a blood from a turnip. Those numbers This Congress, particularly on this deduction but a credit. When you are happen to fit, in terms of the study of side of the aisle, we have made some ef- raising kids, everybody knows it is an civilizations and taxes there with his fort. Before yielding to the gentle- extra burden, and we should give relief book, fit with OMB numbers, and they woman from California, I want to to families across this country. fit with Reader’s Digest, which is an touch on a couple of things that we Now, again, 89 percent of the people unlikely pairing in my book. have done in this Congress thus far to that would have benefited from this Because with OMB they went back give the American people a break, to would have been people who made less and looked at numbers from 1950 to reduce the level of taxation on particu- than $75,000, but the President vetoed present, and what they found was that larly working people in this country. it. What we heard was tax cuts for the regardless of which tax rate you were For example, right now a married rich, tax cuts for the rich. These things at, roughly the government share was couple in this country is penalized for were not tax cuts for the rich, they around 19.8 percent, just shy of 20 per- being married. We wanted to eliminate were tax cuts for hard-working Amer- cent. Whether you were in the 70-per- the marriage penalty, and passed ap- ican citizens, and it is time we give the cent tax rate or the 20-percent tax rate, propriate legislation here in Congress American public tax relief. I think that as tax rates ratcheted up and down, to do that. Unfortunately, down at the is what we are all about. April 16, 1996 CONGRESSIONAL RECORD — HOUSE H3461 At this time I would like to yield to So it was a great vote yesterday. We about a national sales tax? What about a good friend from California, a lady did not have enough people, the 290 repealing the 16th amendment, the in- who has made many courageous votes votes, to pass a constitutional amend- come tax as we know it? What about in this House thus far in her career, the ment requiring two-thirds of this body doing away with the Internal Revenue gentlewoman from California, ANDREA to increase taxes, but there is another Service? SEASTRAND. day, another time, and it is just the be- So it is exciting to listen to people Mrs. SEASTRAND. Thank you to the ginning of continuing to talk about re- wanting to start the national discus- gentleman from Ohio. I appreciate your form in this House. sion, and I hope that through my town- gathering this time for us to talk Now, I am glad that my colleague hall meetings we can promote a na- about taxes, especially this day after from Ohio just went through the litany tional discussion about not only the April 15. of relief that we tried to give to the tax relief that we have done in this I am very proud to just find out taxpayers, those working families House, but the tax reform that we have today that I was given a great score throughout America, those working begun with our vote yesterday and the from the National Taxpayer’s Union families in Paso Robles in my central discussion that we have started. and got an A from them. So I am coast of California. You talked about Should we do away with the Tax Code? pleased to be here. the $500 per child tax credit. You Should we repeal the 16th amendment? I noticed one of the preceding col- talked about the marriage penalty. Should we go to a flat tax or a sales leagues mentioned a townhall meeting You talked about your capital gains re- tax? on taxes, and I know there were a num- lief to create jobs for especially the Now, I think we need to focus on re- ber of us that did that throughout the small businesses on the central coast of forming the current income tax, and Nation this past Saturday. I was one. I California. I do not have any of those just to give you a little thought, the held a townhall meeting on taxes in a big corporations in my district. national sales tax would abolish that little town called Paso Robles on the The tax credit for parents who adopt need for the IRS because there would central coast of California. It went so a child, I know what that is about be- no longer be any income tax. well that I hope to do, even though it cause my two children are adopted, and b 1845 preceded April 15, I am hoping to do know about what it means to give tax this all through my district, because deductions to children who have elder- Americans would only pay tax on the the information and the give and take ly parents at home, and my mom is al- money they spend so it encourages sav- from the constituents went so well. ways worried, concerned about that as- ings and investment. Imagine bringing I think the thing that I wanted to get pect. And to also give a tax deduction home your paycheck and looking at across to them was to tell them that for the first $2,500 interest on a student the whole thing and then you decide this Congress tried so very much to loan. My children have just graduated what you would do with your dollars, give them tax relief, that we are start- from college, but we are always con- what kind of things you would buy. ing to talk about tax reform and had cerned about students, and can they Like the flat tax, it would be easy to some votes on reforming taxes, and get a tax deduction for their loans. comply with, easy to administer. And that we want to give taxpayers rights. All of these issues the gentleman there are many that have advocated I know a lot has been said about the from Ohio pointed out just about work- that. I have not myself endorsed either hours, the dollars that taxpayers have ing families. I am one of those fresh- the flat tax or the national sales tax, to spend just to figure out their taxes. men, about half of our class is under but I am anxious to continue the dis- We have talked about the hurdles that attack by the old guard that have con- cussion with the American taxpayer as many of our taxpayers have to endure trolled this place for 40 years, particu- to what they think is the best way to to get their taxes done, and so I am larly those big labor union bosses that go. glad that you are talking about some sit here in Washington, DC, and then The flat tax has just one rate, treats of the solutions to the problem. I am more or less dictate what their mem- everyone the same. That is what pro- proud to be part of this 104th Congress bers in my part of the country will do. ponents of the flat tax say. All the flat that has looked to solutions. I have been under siege now for a tax plans include a generous family ex- We had the vote yesterday in trying year, since last April, radio ads, TV clusion. There are no special interest to get a supermajority to pass taxes in ads. You name it, they have done it to loopholes and the form is a simple this House. It is interesting because I me, trying to say that ANDREA postcard, enough to fit it all on one lit- come from a State, the State of Cali- SEASTRAND voted for tax relief for the tle postcard, not the numerous forms fornia, that does just that. To increase rich. I keep saying, ‘‘Where?’’ that we have to look at today. taxes you have to get two-thirds. I have just read the litany, you read The National Commission on Eco- Let me tell you, the liberals in that it prior to, and it is interesting, what nomic Growth and Tax Reform ap- House howl every time we talk about we just mentioned, what we are trying pointed by Speaker GINGRICH and Ma- the budget because they are down and to do in this House, and yet the distor- jority Leader Senator DOLE concluded they want to take it to a simple major- tions and the misinformation and on six principles that should be in- ity. They tout how it is better for ev- downright, I guess I could say, lies cluded on needed tax reform: First, erybody involved, and some of the stated about what we have tried to do that we have economic growth through same arguments that I heard on this in this House to give tax relief to the incentives to work, save, and invest; House floor yesterday from the liberals working families across this Nation. second, that there is fairness for all that have been in control of this House But you know what I found interest- taxpayers; third, simplicity so that for 40 years, and why it was a stupid ing was that at the townhall meetings, anyone can understand the system; idea in their estimation to try to even and Saturday was the 50th townhall fourth, neutrality so that people and bring this issue up on the floor. They meeting I have had since I have been not government can make choices; talked about publicity stunts, and I elected, the first question is what are fifth, visibility, so that people know should be shameful because I was talk- you going to do about the Internal the cost of government; and sixth, sta- ing about increasing the number to a Revenue Service. I am telling you, peo- bility so that people can plan for the supermajority on this House floor. ple stand up out of their chairs and future. Well, I would just say it has worked they cheer. The bottom line is that our current in my State, and I want to remind ev- What are we going to do? I tell them Tax Code is not a good system. It is eryone that even if you are a I am interested in reforming and look- time-consuming. It is peppered with supermajority State such as California, ing to taking that Tax Code and throw- loopholes. It discourages savings. It they still have the opportunity when ing it out as we know it and looking at needs help desperately, and the Amer- we are in facing a dire fiscal situation something else. Again cheers. So it was ican people are saying that they defi- that, even though I disagreed with that no different on Saturday because peo- nitely want a fair, simpler, and more vote about 5 years ago, they raised ple actually sit on the edge of their equitable Tax Code and tax system. taxes in the State of California even seat and say, ‘‘What are we going to So I am glad to be down here and with a supermajority. do?’’ What about the flat tax? What talking with my colleagues that are H3462 CONGRESSIONAL RECORD — HOUSE April 16, 1996 trying to do something about it. I just But the question that you must ask this government. We can take less of appreciate you taking this time etch- now, are people complaining for a good your money and do a better job. But ing it out of our busy schedules here in reason. I think they are complaining you are going to have to help us. We the House so that we can talk about for a darn good reason. When you take have got to reinvent systems that are what is so important, more important money from the American public you long overdue to be reinvented, and we than anything else but the importance should have a game plan in mind on can get by on less money. Do not let to our particular constituents at home how to spend it. We collect taxes to anyone tell you otherwise, because it is and how it is important that we do provide services at the national level. a complete distortion to say that the something, not only get that tax relief, Are we providing quality service? Are Federal Government is a few billion get that reform, but also give some we spending an appropriate amount of dollars short. good old-fashioned taxpayer rights to money, or are we spending too much? I thank the gentleman very much. the taxpayers of America. Are we doing too many things at the Mr. CHABOT. Mr. Speaker, I thank Mr. CHABOT. I thank the gentle- national level? Should some of those the gentleman from South Carolina for woman from California. I just want to things be done at home? Should some his thoughts on taxation. He also has compliment the gentlewoman on the of those things be done by the private been a true leader around here in try- may votes that she has taken to give sector? ing to cut the tax burden on American tax relief to the American people. We That is a great debate that must be working people in this country. need to keep fighting this battle. joined with the tax debate. I would sug- In summarizing where we have been I now would like to yield to the gen- gest to you that the money that we are tonight, I would just like to make a tleman from South Carolina [Mr. GRA- taking from you is too much. The aver- couple of points here. Something that HAM], a gentleman who has been one of age person, black, white, rich, poor, we passed today that I think was a the true leaders in the freshman class conservative, liberal, says 25 percent very good move, something in the right this year and in fact in the Congress as from State, local, Federal taxes is direction, was something called the a whole. enough taxation on the American fam- Taxpayers Bill of Rights. And in es- Mr. GRAHAM. Mr. Speaker, it has ily, and the reality is it is almost 40 sence what that does is, if you call the been a great debate to listen to. It has percent. IRS right now, and the IRS gives you kind of brought me down here, kind of So I would suggest to you that not bad information, you are responsible got my blood stirring. only does the American public believe for penalties and interest, even though One thing that was talked about a lot we are taking too much, there is a new the IRS gave you bad information. is the two-thirds supermajority vote group in Congress that believes we are That sounds ridiculous. It is ludicrous, requirement to raise taxes. And it has taking too much. But we are in the mi- but that has been the law. been very well articulated why you nority, but we are growing. Thanks to We passed, however, today a law need that. One observation I would like the vote in 1994, we have grown a lot. which basically said that if the IRS to make, if you took 435 people at ran- And just hang in there with us and get gives you bad information, then you dom, any town in America, any district enough people up here to do something cannot be held responsible for interest in the Union, and you asked them to about it. We are here talking about it. and penalties due to bad information vote on this particular measure, the We need more votes to make it happen. from the IRS. only group I know of that would have But the average American believes I think that is a step in the right di- less than a two-thirds agreement is very sincerely they are having to pay rection. Congressman JIM TRAFICANT, here in Congress. You could take 435 too much. I agree with them. You who is a Democrat from Ohio, my people in any town in my district and agree with them. It is about time to State, I think has—I am cosponsor of ask a simple question, should there be start delivering. But we take their something I think is a very good piece a wall between you and the politician money. And what do we do with it? We of legislation. It basically would put to get in your pocket a little higher provide services. the burden of proof on the IRS rather than the one that exists, they would Medicare is a good program. I come than on the taxpayer. have jumped on it a lot more than two- from the South where a lot of people Right now it is supposed to be you thirds vote. It would have probably who have worked in the textile indus- are innocent until proven guilty. But been unanimous. try in years gone by did not have good with the IRS, basically you are guilty Unfortunately, because it was a con- pension plans or health care plans. unless you can prove you are innocent. stitutional amendment, we needed a That is getting better. Medicare was a This takes the burden off the taxpayer two-thirds vote. We were about 30 votes safety net program for folks that has and puts it on the IRS where it ought short. The idea is alive and well and grown tremendously. Do you know how to be. Something else that I found kind the good thing about this Congress, it much we have increased Medicare of interesting in preparing for this has been an historic Congress. We have spending since 1980? We have increased issue this evening was the fact that we not spent much time talking about it 2200 percent. Welfare, a tremendous have got 6,000 border patrol people in what we have accomplished because we explosion in welfare spending in the this country, 6,000 people on the border have been so busy doing it and ducking last 30 years; $5 trillion have been patrol to protect our borders. We have rocks being thrown at us for having spent in the name of compassion. And got 24,000 employees of the FBI, and we done it. we have more illegitimate children, know all the good things that the FBI The line-item veto by itself is prob- more poor and disadvantaged people does for our Nation. So that is 30,000 ably the biggest change in the last 200 than we have ever had. employees with border patrol and the years. The line-item veto allows the I would suggest that the Federal FBI. With the IRS, the IRS has 111,000 President to look over our shoulder for Government could get by with less, employees, almost four times the num- the first time and look at how we spend that not only are you right when you ber of employees that we have in those money. are saying we take too much from you, other two departments. It really shows This tax debate is a good debate to be you are right when you believe that you what our government’s priorities having, but it needs to be linked up Congress does not spend your money have been. I think we need to change with the spending debate that is going wisely. We can come up with a Medi- those priorities. on. One thing is for sure, Americans care system that will take care of our Another thing that is interesting, as are going to complain about the um- seniors, that will not grow at 2200 per- we mentioned, April 15 was just yester- pire and they are going to complain cent every 15 years. day, taxpayers all across this Nation about taxes. If you go back in time at We can provide compassion. We can were trying to figure out how much any time in the history of our Repub- provide welfare. We can help those peo- they owed to make sure that they paid lic, you will find people complaining ple who are disadvantaged without what they owed; 1.7 billion hours were about how much they have to give to paying them to have children they can- spent by taxpayers figuring their taxes the government, I think that is just not afford. We can help people of alco- and the next figure is really shocking, our nature. But we always give. We al- hol problems without sending their $140 billion was spent by taxpayers for ways meet our obligations. check to the bar. We can reconfigure attorneys and accountants to figure April 16, 1996 CONGRESSIONAL RECORD — HOUSE H3463 out what their taxes were, time basi- nounced policy of May 12, 1995, the gen- in a car on a tour through the public cally wasted figuring out taxes, $140 tleman from New York [Mr. OWENS] is housing projects on Chicago’s south billion. I would argue that that time recognized for 60 minutes as the des- side. We had been assigned that area to could be much more productively spent ignee of the minority leader. campaign. At that time Ron was work- in many other ways. Mr. OWENS. Mr. Speaker, today I ing with a well-known, prestigious, and I had a town meeting, many of the would like to continue the discussion powerful law firm in Washington. other Members that spoke here this about taxes, let us talk about taxes b 1900 evening mentioned they had town and expenditures and budgets. But be- meetings on the weekend. I had a town fore we do that, there were some trib- However, on that day it was simply meeting in my district. I represent the utes by my colleagues to Ron Brown, Ron, the lawyer, friend, campaigning 1st district of Ohio, which is basically and I would like to add my tribute to for a fellow democrat. We went into most of the city of Cincinnati and some that number. And I think that the huge, tall, cold, concrete buildings and of the western suburban communities. chairman of the Congressional Black walked on floors which seemed to be We had about 125 people at the town Caucus, the gentleman from New Jer- completely out of this world. The dete- meeting. sey [Mr. PAYNE], is here for that pur- rioration and the garbage inside the I started out with a question at the pose, too. halls were unbelievable, even to a poor beginning: How many people here feel I yield to the gentleman from Vir- boy like me, whose father has never that taxes in this country are rel- ginia [Mr. PAYNE] for his statement on earned more than the minimum wage. I atively low and perhaps we could raise Ron Brown, and then I will follow with had lived in some of the poorest neigh- them to balance the budget or do more my statement on Ron Brown and then borhoods in Memphis, TN, and I had government programs, whatever? Not go on with the rest of the discussion. worked in some of the poorest neigh- one hand went up. TRIBUTE TO RON BROWN borhoods in New York. but never had I Then I asked, how many people feel Mr. PAYNE of New Jersey. Mr. seen such despair. The only glimmer of that taxes are about right in this coun- Speaker, I thank the gentleman for light I saw in those high-rise urban try? I expected we might get a few yielding to me at this time. tunnels that day were the Harold hands. We did not get one hand that Let me say to Mr. OWENS from New Washington posters that the residents said that taxes are anything near what York that following your time, we are waved at us when they saw our famil- they ought to be. Then I asked, how going to have members of the caucus iar signs. many people feel that we are overtaxed come and make expressions. And so We had connected at that point with in this country, we need tax relief? And what I will do at this time is to yield the most depressed among us. every single hand in that room went back until the gentleman completes As my eyes met Ron’s eyes, he broke up. his special order. And then I will re- into his signature smile. This is what These are just regular citizens from politics has got to be all about, he said, my community, the Cincinnati area, turn back to the podium. I thank the gentleman from New as we plunged into the crowd of out- and that is probably true all across stretched hands and marched through this Nation. York for yielding to me at this time. Mr. OWENS. Mr. Speaker, I would the halls reminding folks that tomor- We had a couple of groups that were row was the day to go out and elect the represented there, a group called TEE. like to add my voice to the numerous first African-American mayor of Chi- We have had some grass roots groups voices that have been raised to pay cago. that just formed in the community a tribute to Ron Brown. Ron Brown, the Ron Brown was the unifying driving few years ago. TEE is one. It is Taxed mentor for all public servants, he could force behind the most successful and Enough Already. Brenda Kuhn is the teach us all a great deal. conflict-free convention the Democrats founder of that organization. We have I will enter my statement in its en- have had in nearly two decades. Ron the True Blue Patriots, Pat Cooksey, tirety into the RECORD, but I would was a star who kept his poise. He kept founder of that organization that was like to read the statement and com- peace among the many party factions there, and also Tom Brinkman, who is ment on it. and made the Democratic National the treasurer of a group called CATS, Ron Brown was a renaissance politi- Committee an effective force to be Citizens Against Taxes and Spending. cian. He was a jack-of-all-trades who So we have actually in my commu- mastered all the trades in politics. He reckoned with in politics. nity, in reaction to this high level of was a mentor for seasoned professional Ron Brown was a masterful strate- taxes, we have actually had regular politicians, and he was qualified to gist who began his tenure as party men and women, average working peo- tutor most of us. chairman with several special election ple form groups to try to petition their Ron used his considerable influence victories despite great obstacles. He government to get off their backs, give and charm to become an extraordinary was a great communicator, and he was them some tax relief. And I think it is fund raiser for the Democratic Party. a great cheerleader who also under- time that we did that. From the complex job of raising money stood the nuts and bolts of winning I want to thank all the Members of to the details of election day engineer- campaigns. the House who came here this evening ing, Ron performed with great enthu- Seldom in America does one man so to discuss and participate in this topic siasm. gracefully transcend the racial chasm which could not be more timely about Ron Brown was the kind of person as Ron Brown did, and in his journey tax relief. I would like to say finally who could raise funds, and I admire he deeply touched the heart and soul of that I think it is time that we work to- him most for that. He probably had a a Nation. gether, Democrats and Republicans, problem like everybody else but he As our Secretary of Commerce, he and, yes, the President of the United plunged into the process of raising was our corporate ambassador to the States, we should all work together to funds and did a great job of that. world. As the chairman of the splin- give tax relief to the American people. There are some people who do fund- tered, fractured Democratic Party, he It is time we get the job done. Let us raising very well, but they are not good was the glue that held it together, and get working on it. Let us relieve the at strategy. They are not good at tac- in so doing he delivered the White American people of the huge tax bur- tics. They do not have certain other House and became the most beloved den that this government has placed on qualities. But in addition to being able chairman in history. their backs. to raise funds, which we all admired Ron Brown was undaunted and Thank you very much for participat- him for, Ron Brown had the talents unfazed by challenges. Being a first ing this evening. that went across the entire spectrum was not unusual for him. He was the f in terms of skills that are needed in first African-American in his college public life. fraternity, the first African-American TAXES, EXPENDITURES, AND I first met Ron Brown in Chicago counsel for the Senate Judiciary Com- BUDGETS while campaigning for Harold Washing- mittee, and the list goes on and on. The SPEAKER pro tempore (Mr. ton for mayor of Chicago. Former ma- Ron was a trailblazer and an eternal WHITE). Under the Speaker’s an- jority whip Bill Gray, Ron, and I were optimist. He saw no mountain that H3464 CONGRESSIONAL RECORD — HOUSE April 16, 1996 could not be climbed or moved or con- nance transistor research and minia- has received back from the Federal quered. turization, telecommunications of all Government in terms of aid. The nation has lost a great leader kinds. Taxpayers of America have been Federal aid going to New York has and statesman. I join Ron’s many col- the driving force behind this. Corpora- always been lower than it has been, leagues and friends, not in mourning tions have known how to organize, than the amount of money that New his death, but in celebrating his life, take advantage of this and produce Yorkers have paid in taxes. New York his accomplishments, his style and products. State in 1994 paid $18.9 billion more spirit. Ron Brown will be missed, but So our economy is booming on Wall into the Federal Treasury than they Ron Brown will never be forgotten. Street, and corporations are making a got back in terms of Federal aid. Be- Ron Brown was an ambassador for great deal of money. And nobody re- fore that, in 1993 New York paid $23 bil- corporate America. Ron Brown was grets that at all. We applaud that. The lion more in Federal taxes than New about the business of expanding the corporations should be paying a great- York State got back in Federal aid. markets of America across the globe. er share of the taxes, and, as we move Now, many people have asked me, Ron Brown understood that a pros- past income tax day, April 15, Ameri- well, you know, what are you talking perous America was an America that cans should think very seriously about about, where do you get these out- would generate the revenues needed to the inequities, the imbalance in the rageous figures, where they come from, do the things that had to be done in share of taxes paid by corporations and I have quoted before, and I just our country for all Americans. verusus individuals. brought back the booklet today, a At this point in our year, April 16, it Yes, we need a tax cut. study that is done every year. It is is a day after tax day. April 15 is a My colleagues before who were called ‘‘The Federal Budget and the dreaded day by most Americans. My speaking said they spoke to crowds and States,’’ and this study is done every colleagues who preceded me in this spe- asked people do you think you are pay- year. It documents everything that I cial order before talked about taxes ing enough taxes, and nobody raised have said in terms of some States are and the need to lower taxes for Amer- their hands and said, yes, I am paying donor States and some States are re- ican families, and although my col- enough. I would agree. I do not—yes, I cipient States. The Federal budgets in leagues who have spoken before were am paying too much. I mean do you the fiscal year 1994 is what I am hold- all Republicans, I want to go on record think you pay too much tax? Every- ing in my hand. and have the whole world hear that I body raise their hand and say, yes, I Its introduction is by DANIEL PAT- agree 100 percent with my Republican pay too much. I would agree I am pay- RICK MOYNIHAN because Senator DANIEL colleagues. We need to lower taxes for ing too much. Most families and indi- PATRICK MOYNIHAN of the State of New families and individuals in the United viduals are paying too much, in my York has pioneered and highlighted States. We need to lower taxes, and I opinion. these great inequities for many years. have talked about that on many occa- In order to raise the revenue needed This study, this report, was done by sions here. to run this country, we need to have a Monica E. Fryer and Herman B. Leon- The problem is that we are taxing more equal balance in terms of cor- ard, and it is published by the families and individuals too harshly. porations paying their fair share. We Taubman Center for State and Local Families and individuals are paying need to have some of the corporate wel- Government at the Kennedy School of too much because corporations are fare programs taken away. The other Government at Harvard University. paying too little. side of it is reducing the expenditures. So the study is available for anybody In 1943, the corporations were paying You know, Federal taxes also, we who wants to see it. There are many almost 40 percent of the total income must understand, spread the wealth in fascinating facts beyond the fact that tax burden in this country, 27 percent America, and I think my colleagues on New York State consistently has paid by individuals and families, and almost the other side who talk at length about more in taxes than it has received 40 percent by corporations in 1943. taxes did not bother to mention the back. They have looked at aid in terms By 1983, the amount of money being fact that Federal taxation polices rep- of salaries of military personnel who paid by corporations under Ronald resent some of the greatest generosity live in a given State, they looked at Reagan’s administration fell as low as in America. Some of the spirit of being aid in terms of Medicaid and Medicare, 4 percent, 4 percent, while individual my brother’s keeper, especially in the dollars that come from the Federal taxes went up to 48 percent. The share case of the east coast, especially even Government; they looked at aid in of income taxes paid by families and more so in the case of New Yorkers on terms of programs for job training; individuals went as high as 48 percent, the east coast; you know, the tradition title I; all the aid lumped together. while the share for corporations went has been that the wealth first accumu- And they can tell you how much each down as low as 4 percent in 1983. lated on the east coast, and Franklin State received back from the Federal Today we still have a gross inequity. Roosevelt and his tax policies were Government versus what the State The share of taxes paid by corpora- such that he increased the taxes of peo- paid in. tions, income taxes, is only 11.4 per- ple who had the money, most of them So New York is a big donor State. It cent, while the share paid by individ- residing on the east coast and the Rust has been that way for a long time, and uals and families is four times that Belt States, they call them now, indus- I think Franklin Roosevelt clearly un- amount, 44 percent. trialized States. The money was there, derstood that, that Federal taxes So I agree with my Republican col- and by initiating Federal programs spread the wealth, and they have leagues. I only regret that they spent like the Social Security Program and spread it across to places that most of so much time talking without con- other Federal programs, Rural Elec- the States in the South. Practically all fronting a few very basic truths. trification Program and a number of of the States in the South are recipient The basic truth that they refuse to other programs that had to be paid for, States, they get more from the Federal come to grips with is that the corpora- he can only pay for them with taxes Government than they give back to the tions who represent the energies in raised on the east coast and in the in- Federal Government. America that are making the greatest dustrial States where they had the Mississippi receives $6 billion more amount of money; prosperity has been money, and that tradition has contin- from the Federal Government than good to corporations because corpora- ued until today. Mississippi pays in taxes to the Federal tions have known how to take advan- New York was one of the States that Government. And some of the gen- tage of technological progress. They had to pay out large amounts of money tleman who were speaking before had have taken advantage of all the re- in order to help take care of the needs better beware; if you remove the role of search and development that has gone of the rest of the country, and so it is the Federal Government in collecting forth under the aegis of the taxpayers. even until now on many occasions I taxes and you want to leave more of it Taxpayers are the ones who have have stood here and talked about the to the States, the States who will lose paid for the research and development fact that New York for the last 20 the most are States in the South be- for computers for radar. Taxpayers are years, as a State, has paid into the cause the States in the South com- the ones who have led to many who fi- Federal Treasury more money than it bined receive $65 billion more from the April 16, 1996 CONGRESSIONAL RECORD — HOUSE H3465 Federal Government than they pay but not denied by the CIA, has been $2 need to make that up. It is a rainy day into the Federal Government. And I billion. They probably have more. It fund for the Federal Reserve. will repeat that because I do not want was in the coffers over there, petty But they have not lost any money for the figure to get lost: $65 billion more cash, slush fund, whatever you want to 79 consecutive years. ‘‘Even though the is received from the Federal Govern- call it. Folks have challenged that. I likelihood of the system’s incurring ment than the States of the South col- have said I am only quoting from the losses, exceeding its revenues, appears lectively pay into the Federal Govern- New York Times and the Washington remote,’’ I am reading from the GAO ment. Post. report, ‘‘the total surplus increased 79 percent in the 1988 to 1994 period, rising b 1915 There were several articles that ap- peared on the pages of the New York from $2.1 billion to $3.7 billion.’’ Georgia receives $2 billion more from Times and the Washington Post. Many The Federal Reserve has $3.7 billion the Federal Government than Georgia of my friends did not see them. Even lying around, doing nothing, as a rainy pays into the Federal Government in some of my colleagues here in Con- day fund. So yes, you are paying too taxes. The county in the United States gress, when I asked them to sign a let- much taxes. You are paying too much which receives the highest amount of ter to the President asking him to use taxes, because we do not have corpora- money per capita is the county rep- that $2 billion to restore the funding tions that have carried their fair share. resented by the Speaker of the House. for title I and for Head Start and for You also pay too much taxes because That county receives more money per summer youth employment, they ques- we have waste in government. When the President says and all of capita than any other county in the tioned me, ‘‘Where did you get your the leadership says, and I agree, that country in terms of Federal aid. So we figures from?’’ I told them, off the the era of big government is over, we should beware, and when we talk about front pages of the New York Times and taxes let us talk about all the facts. have different meanings. The era of big the Washington Post. government ought to be over. I think Let us talk about the most significant One article that appeared talked the government should be downsized, facts. about the President firing two people but the commitments of the govern- Yes, individuals and families are pay- who had been considered responsible ing too much in taxes. Yes, the cor- ment maybe should be increased in cer- for this. This was in February, on Feb- tain areas. But in the process of porate world is not paying their fair ruary 27, 1996: share. They are paying too little. They downsizing, how do you not see $3.7 bil- The top two managers of the National Re- lion in the Federal Reserve? are making the money, but they are connaissance Office, a secret agency that paying less. Why is the search for funds only con- builds satellites, were dismissed today after ducted in job training programs? They If we want a tax cut, I am all in favor losing track of more than $2 billion in classi- of a tax cut. I stand here as an ac- fied money. go looking for programs that do not op- erate effectively and efficiently. Why knowledged, unashamed, proud liberal, It goes on to talk about how no audit do they go looking there? Why do they and I agree with my Republican col- had been done for a long time, and this go looking in the AFDC programs, Aid leagues on the other side who said that agency had accumulated these funds. to Families with Dependent Children? families are being taxed too much. We And $2 billion, you know, if there is $2 Why do they go looking in the WIC pro- need a tax cut. It may begin with billion there, then the question is how grams? Why do they always go looking where President Clinton has begun in many other entities, sacred cows in the in the programs where the poorest peo- terms of a tax cut for education, to aid government, also are sitting on funds? ple are served? Why do they go looking with tuition, a tax cut for families in That popped into my head, how many in the Medicaid program? Why do you terms of creating a situation with fam- others. not look first at the CIA? Why do you ilies with direct benefits, so much per And then, lo and behold, just a few not look at the Federal Reserve? child, $500. There is agreement between weeks ago a report came out which The head of the Federal Reserve, Mr. Republicans and Democrats on that. said that the Federal Reserve, the Fed- Greenspan, was up for reconfirmation. I think as we do it, we should look at eral Reserve that is responsible for our He has already been there for a long the situation. I would understand that economy, who are responsible for ad- time, so he certainly would be derelict a tax cut should not mean that we end vising us how to run the economy most if he did not know about the $3.7 billion up cutting aid to education or cutting effectively and efficiently, the Federal that the Federal Reserve has lying Medicaid. A tax cut for individuals and Reserve has $3.7 billion, $3.7 billion in around. If he did know, then he ought families means we should balance off its slush fund. to answer some questions about, ‘‘Why the situation and make certain that An audit by the GAO shows that the is this sitting in your coffers as a rainy where the money is needed, it goes Federal Reserve has $3.7 billion in what day fund when it could reduce the defi- there. they call the surplus account. A sur- cit?’’ But I do not think he was asked We cannot responsibility deal with plus account. Now, if that $3.7 billion those questions because he is an icon of tax cuts unless we deal with the ex- was returned to the Treasury, think of some kind, and he is not a welfare penditure side, what is happening with how much interest we would not have mother. He is not on WIC. We do not respect to the budget. The budget and to be paying on the debt. The interest treat all people equal in this Govern- the waste in the budget must be dealt on $3.7 billion worth of money would be ment. with also, and I have a great disagree- relieved and we would not have to pay It is tax time, Mr. Speaker. It is tax ment with my colleagues on the other that. It could reduce the deficit by $3.7 time. We ought to all be concerned side about where you ought to begin billion, but it is sitting in the Federal with taxes. I hope that the result of our dealing with the waste. The waste is Reserve coffers. It is called a surplus concern with taxes will mean that we not in aid to education, the waste is account. The General Accounting Of- will insist on an overhaul and a total not in Medicaid, although there is fice makes this statement: reform of our tax system. In the past I waste and corruption in health care Although the surplus account is intended have talked about the fact that pro- programs. The real waste is in other to absorb possible losses, the Federal Re- gressives and liberals have ignored the places. I have cited some of that waste serve has recorded substantial net profits for revenue side too much. We have dealt before. 79 consecutive years. with expenditures, meeting the needs I have gotten some questions over Do Members hear what I am saying? of people, meeting the needs of the en- the recess, and people said, ‘‘How dare The surplus account is kept, the Fed- vironment, doing what has to be done you say that the CIA has $2 billion that eral Reserve says, because they may to make certain that all Americans they did not know they had and $2 bil- have losses in their operation. It is a share in the prosperity of America. All lion that are just sitting there while self-sustaining operation. They loan of that is highly desirable, but we have the deficit grows and programs are money, they charge interest for that, not looked at taxation enough. We being cut’’? And my answer was, ‘‘Yes, they charge money for services. They have not looked at revenue enough. they probably have more than $2 bil- might lose money 1 year, so they say Revenue is everybody’s business. lion, because the public figure that has they keep the $3.7 billion around be- I propose a Commission on revenue been stated, not confirmed by the CIA cause they might lose money and they reforms. We ought to take a look at H3466 CONGRESSIONAL RECORD — HOUSE April 16, 1996 the proposals for flat taxes. We ought I want to just read part of Michael themselves, and that they had better do the to take a look at other proposals that Lerner’s call for people to come and same. A ‘‘rip-off mentality’’ begins to per- have been offered; a consumption tax, a join this summit on the politics of vade the social order, and people increas- value-added tax. We ought to take a meaning. They brought together people ingly come to feel frightened, alone, and cynical about others. No wonder that it be- look at tax possibilities that exist in from all walks of life, they brought to- comes hard to hear those who call upon them terms of taxing the sale of the spec- gether people from all religions. It is to ‘‘love thy neighbor,’’ when doing so seems trum, taxing the air above us that be- very interesting to see people of the so counterintuitive to the ‘‘real world.’’ longs to all the people. All of these Jewish religion with people who are in There is no way to change this without a things should be examined. every denomination of the Christian frontal assault on the ethos of selfishness, This past weekend at the Omni religion: Unitarian Universalists, Bap- materialism, and cynicism in our society, Shoreham Hotel, a conference is being tists, Methodists, Catholics. I heard all and that is precisely what the politics of held called a Summit on the Politics of meaning advocated by the Foundation for kinds of people speak. I heard a lesbian Ethics and Meaning attempts to do. The goal Meaning. I spent a few hours of the last minister speak. of the politics of meaning is to ‘‘switch the 3 days at this summit. I want to con- They were all there asserting the fact bottom line’’ in American society away from gratulate the organizers of that sum- that human beings have hearts, and measuring productivity or efficiency pri- mit, particularly Michael Lerner, who human beings, at their very best, are marily in terms of the degree to which insti- is the editor of Tikkun magazine. capable of great compassion, and tutions maximize wealth or power to a new I would like to congratulate him for human beings need to return from the criteria: the degree to which an institution being the guiding light and the spear- values of the marketplace and assert helps to foster ethically, spiritually, and head for this organization of this sum- ecologically sensitive human beings capable those values of love and compassion in of sustaining long-term committed loving mit, because it brings together people their daily lives and in public policy relationships. from a lot of different areas who are development. It was quite a summit. It I continue to quote Michael Lerner: concerned about values, and they are is closing out tonight. concerned about values and how those This may all sound very visionary and far- I just want to read a few sections off, but in fact it is actually far more prac- values and how love, compassion, can from the call for the summit, in tribute tical short-term politics than the various at- be applied to public policies. to what Michael Lerner and his col- tempts to protect this or that item in the They are concerned about public poli- leagues have done. I am quoting Mi- budget at a time when the dominant climate cies without being necessarily con- chael Lerner: is calling for dramatic budget and tax reduc- cerned about which person implements Like many people, I am distressed at the tions. It is far more likely that large sec- those policies. They do not want to get deep ethical and spiritual crisis facing this tions of the American public will respond to into the dirty business, in quotas, they country. The attempts to dismantle social an alternative vision to the conservative one call it a dirty business, of electoral pol- support for the poor without setting up any- that is increasingly dominating both parties itics, endorsing candidates, et cetera. I thing else in its place is only the latest stage than to a nit-picking approach that accepts the dominant assumptions and seeks to do not think politics is dirty. I think of the continued erosion of fundamental human values. minimanage how it is implemented. electoral politics is very necessary. I It is not that these details are totally un- think more good people need to get It is not clear that the Democrats have adequately grasped why people have turned important, and the response of many Ameri- into electoral politics. to the right. In addition to my normal job as cans to Clinton’s willingness to stand up to But I agree that it is very useful to editor of Tikkun Magazine, I am a the Republicans gives us some indication of have groups and individuals who are psychotherapist, and for 10 years I did exten- the power his presidency might have had had concerned primarily about issues, and sive research leading 12-week groups for mid- he been willing to fight for something at this particular summit on the politics dle-income working class people, focused in other points along the way. But the basic problem is that Clinton is not putting for- of meaning, which was called by Mi- part on why they were turning to the Right. What I found was this. People turn to the ward a different set of principles, and even- chael Lerner, the editor of Tikkun, fo- tually most people get weary of staying cused on how do you apply a concern Right because it speaks, although in a dis- torted way, to the hunger people have for tuned to the details of implementation of as- for your brother, for your neighbors, in meaning and higher purpose. sumptions that both sides seem to share. ‘‘The first stage’’ of a strategy to change an effective manner in the present situ- The fundamental problem with liberal and this ‘‘is to convene a gathering of people who ation, when marketplace values domi- progressive forces is that they don’t under- may be interested in becoming the core nate, and people talk about family val- stand this hunger for meaning, and so they group for a politics of meaning strategy. come up with programs and policies which ues, but they really do not come to This is the ‘ground floor’ meeting. We are are narrowly technocratic and don’t speak to grips with the fact that too many calling it the national Summit on Ethics and the soul. times, the market values dominate our Meaning at the Omni Shoreham Hotel in thinking. I am quoting from Michael Lerner, Washington, D.C. April 14–16, 1996. This sum- How do you apply compassion, how the convener of the summit on the pol- mit will bring together a wide variety of peo- do you apply love, how do you apply itics of meaning. ple who wish to challenge the materialism concern for your fellow human being if I continue to quote: and selfishness in American society, but who have previously not thought of themselves as there is a health care industrial com- Faced with a society whose dominant part of a political movement to do so. The plex taking over health care services, ethos is selfishness and cynicism, many peo- Summit will serve a dual function. On the ple conclude that the best way to protect and if private health care providers, one hand, it will be an opportunity to ex- themselves is to narrow their ‘‘circles of car- drug companies and insurance compa- plore the ideas of a politics of meaning in ing’’ to themselves and their immediate fam- nies, are buying up health maintenance some detail,’’ to refine the politics of mean- ilies and narrowly-defined communities. My ing ideas,’’ and to refine the strategy around organizations, and health maintenance research suggested that many people actu- them. organizations are set up to make a ally wish for a very different kind of society, profit, in addition to providing a serv- one based on Biblical values of love, justice, I end the quotation from the call put ice? It has been hard enough for health and mutual recognition, the ability to see out by Michael Lerner for the Politics care providers to just provide a service, others, and be seen oneself, as an embodi- of Meaning Summit, and I mentioned but now, in addition to delivering a ment of the image of God. Yet everyday in that because I found the summit very service, they have to make a profit. the world of work people are rewarded for inspiring. They expected 600 people to It may be good, it may be an im- precisely the opposite, the ability to see oth- show up, to turn out for the summit provement, but we are moving so rap- ers as objects, the supposed commonsense that ‘‘looking out for No. 1’’ is the only rea- and they got 1800 instead of 600. There idly in this area that it is clear that a sonably way to live, and the ethos of selfish- is a hunger for meaning and there is a government health care industrial ness, materialism, and cynicism. hunger for values. There is a hunger for complex is about to take over, and it is Continuing to quote Michael Lerner: ways to express compassion and love in not moving in a way which gives any- the making of public policies, and I body else an opportunity to have devel- Ironically, it is this very ethos, learned in the world of work, which becomes the think that the summit on the Politics oped this new emerging health care central source of people’s unhappiness in per- of Meaning is a great beginning in the system for all the people. So how do we sonal life. Surrounded by others who live by movement in this direction. apply love and compassion to the prob- that very same ethos, people increasingly I say all of this because in the lem that is confronting us? come to feel that everyone is only out for present budget battles, we talk about April 16, 1996 CONGRESSIONAL RECORD — HOUSE H3467 taxes and I said before when you talk So we have a situation where people The institution should not help the Re- about taxes and the need for taxes, are alarmed because that is threatened. publican governor balance his budget taxes are kind of a necessary evil. If Medicaid has been here now for 30 on the backs of the mentally ill by tak- you are going to deal with a fairer tax- years. Medicaid is the only step we ing parts of the functions of this hos- ation system, then we should get on have taken in this country toward uni- pital. with the business of trying to make versal health care. All of the other in- So I have asked all the hospitals to certain that corporations pay their fair dustrialized nations except South Afri- take an anticannibalism pledge, don’t share, because corporations are enti- ca have some form of universal health cannibalize the institution, and I have ties that are now making large care, health care for every citizen who asked other hospitals in other parts of amounts of money and they can afford needs it. But we do not have it. Medic- the city, as we fight to maintain de- to pay that share. aid represented a step in that direc- cent health care in the communities In the absence of fairness, in the ab- tion. If they take away the entitlement that need health care most, let us not sence of an approach which reaches out for Medicaid, which is very much a pos- cooperate with the mayor, the Repub- to those who can afford to produce the sibility, right now here in Washington, lican mayor who wants to sell hos- revenue and get the adequate amounts if they take away that entitlement, we pitals and lease hospitals, let us not co- of revenue, we have a situation where are in serious trouble. We have not operate by cannibalizing each other. an attempt is being made to make up only lost a service that is a vital need Hospitals should not cannibalize each for what the corporations are not pay- for the survival of many Americans, we other. They should take a pledge that ing, their fair share, by cutting the ex- have also taken an ideological step New York City, with 8 million people, penditures for programs that help the backwards. We will never have univer- needs all of its hospitals. If it does not people who need the most help. This sal health care if we allow that retreat need all of the beds, then we do not has produced a crisis in this country. to take place. So people are concerned have to have all the beds. We can re- There is a crisis in neighborhoods like that this crisis has been created and we structure health care in various ways. the neighborhoods that I represent be- are acting as if the country is going to But we basically need all the hospitals. cause people are very much concerned go broke if we do not have drastic cuts And we can provide health care for peo- and they are very much appropriately in public housing money, drastic cuts ple who are from outside the city. An alarmed by the speed at which certain in education, drastic cuts in Medicaid, accumulation of the best experts in the programs that have existed for the last Medicare, drastic cuts in job training medical fields has taken place in that 30 years or 40 years are being taken programs. city and health care should be seen as away. Medicare and Medicaid are mere- That is what the Republican major- an industry as well as a service, and ly 30 years old. Medicaid and Medicare ity has done in the last 15 months. that industry can serve areas from out- are now being threatened. The entitle- They have generated an atmosphere of side the city as well as inside the city. ment for Medicaid is under a great crisis. That atmosphere of crisis is So the cannibalism should not take threat because the governors of all the being used as an excuse to cut the safe- place. I caution every American who is States, both Democratic governors and ty net programs that have been built wary and concerned and even panicked Republican governors met and they de- up since World War II and really start- by the budget cuts that have been gen- cided that the entitlement for Medic- ed before that with President Roo- erated by the Republican majority not aid should be removed, that the Fed- sevelt’s New Deal. They are going to to participate in cannibalization. I eral Government should no longer as- take all that away. At the same time have seen examples of it in the area of sume the responsibility for providing they are going to spend large amounts education recently. health care to everybody who is poor of money on new fighter plane systems, There are people who want to see spe- enough to meet a means test which on a new antimissile system and con- cial education programs closed down or says that they are eligible to have the tinue to spend large amounts of money drastically reduced because they want health care that they need when they on the defense budget. All of this is a more money for the regular education meet it. The States will not assume crisis that they have created and it is program. Well, the regular education that responsibility of providing health very interesting to note some of the ef- programs and the people who advocate care to everybody who needs it when fects of that crisis. Some of the effects them, as we all do, the regular edu- they need it. The States will only is that the people in our communities cation programs should confront the spend as much as they have. They want instead of understanding the need to people who have created the crisis. We a block grant. They want the Federal rise up and fight this kind of artifi- do not need cuts in title I. We do not Government to give them the money in cially created crisis and to fight the need cuts in the teacher training pro- a block grant and they will decide how people who have created the crisis, grams. We do not need those cuts. We to spend the money, they will decide they are turning on themselves. In need instead the kinds of increases for who is eligible for it, and when the health care we have situations where education that President Clinton has money runs out, they have no vehicle. hospitals in New York City are being proposed. Most States operate on balanced budg- proposed to be sold. Some are being Education is ranked very high in the ets. They must not spend any more proposed for leasing. One hospital that polls by Americans every time polls are than their revenues take in. When they is a State institution primarily, Kings taken. So why are we cutting back on run out of money, then if there are any Borough Hospital in my district, has the education budget and why are peo- sick people or any people who need to been told they will shut down by Au- ple in the education community will- go into nursing homes because two- gust. They are going to shut the hos- ing to engage in cannibalism? Don’t thirds of the money that Medicaid pital down, which is primarily a hos- try to eat the special education pro- spends provides nursing homes for peo- pital for the mentally ill. In this proc- grams. Let us fight for more funds, ple who cannot afford their own nurs- ess, we find some other hospitals in the both for special education programs ing home expenses. Many people who area nearby willing to speed up the and for title I programs and for any are middle class and they are on Medi- process of closing their fellow institu- other programs that are needed. Let us care, when they get very ill and they tion by agreeing to take over various fight the State governments, let us are forced to spend large amounts of parts of their activities, even when it is fight the city governments, let us fight money beyond what their insurance not feasible. the Federal Government to get the fair provides, they end up being poor by the Brooklyn is a community with 2.5 share of the allocated dollars for time they are required to go into a million people. Brooklyn if it were a education. nursing home because their health has city would be the sixth or seventh larg- The cannibalization of special edu- degenerated. When they are required to est city in the country. But in Brook- cation is under way now. There is a bill go into nursing homes, they have no lyn there is one mental hospital of this that is being introduced by the Repub- more funds, so it is Medicaid that picks kind. So 2.5 million people need that lican majority in the community that I up the cost. Two-thirds of the money hospital. We do not need to be told we serve on, and they are trying to take spent by Medicaid goes to pay for nurs- can travel somewhere else. We have the advantage of the fact that shortsighted ing homes for elderly people. population concentration. We need it. people out there are moving to try to H3468 CONGRESSIONAL RECORD — HOUSE April 16, 1996 rush into a shutdown of special edu- grams. We do not need to do things would like to find a way to have reve- cation programs because they cost which we would be ashamed of in a few nue justice. more than other education programs years. We do not need the atrocities of Let the revenues come back. Let us do and my answer to them is let us all throwing children out of classes be- have some kind of formula where put our heads together with reason and cause of the fact that they are disrup- States that year after year pay more some hard examination and scrutiny, tive, we have not been able to deal with into the Federal coffers in taxes than and let us try to come up with the best it. But we mainly want to use that as they get back would receive some kind possible program we can come up with. an excuse to cut down on the number of rebate to go back into their own Let us make cuts of waste where it of children in special education pro- treasury to meet the needs of their own exists. grams. people. We will not have people so dis- We do not want to abandon the free- tressed and so distraught that they are b 1945 education doctrine that has prevailed stampeded into cannibalizing institu- Let us not cannibalize education pro- for so many years. We do not want to tions and taking valuable resources grams. Let us not destroy good special abandon the right of parents to follow from one much-needed institution in education programs. Across the coun- a due process procedure and to have order to put it over here to another. try, I hope that the people in the com- legal assistance in doing that in going Mr. Speaker, teachers, principals, munity of people with disabilities un- through that process. We do not want commissioners, administrators should derstand the kind of hostility that has to cannibalize special education pro- not indulge in that in education. Doc- been generated by this Republican ma- grams any more than we want to watch tors, hospital administrators should jority here in the House of Representa- health care programs cannibalized not indulge in that kind of practice in tives toward all programs for people also. the area of health care. We do not need with disabilities. What is happening to On May 19, in New York City, we to eat each other. Instead we should the special education programs right have declared that it is Hospital Sup- fight for a fair share of the resources now and the legislation is indicative of port Sunday, Sunday, May 19. On that that are available, and we should fight the kind of hostility that is shown by Sunday, we are trying to bring out as to make more resources available by the Republican majority. We have to many people as possible to show that having the corporations pay their fair meet that hostility with a demand that everybody cares about health care. It is share of the taxes. adequate amounts of money be made not just the unions who have people We started the discussion with taxes. available for all education. who work in the hospitals. It is not Let us close it out with a discussion of Let us celebrate today, the fact that only the doctors and the professional taxes. I have an article here, April 15, according to reports that have ap- staff who have a vested interest in the 1996, Mr. Robert D. Novak. I do not peared in a number of places, it has not hospitals. But it is everybody. It is the usually quote Mr. Novak. The article is been voted on, on the floor yet, but the patients, it is the community, the peo- entitled GOP Deficit Trap. In this arti- cuts in title I are no more. Title I will ple surrounding the hospital. It is ev- cle, Mr. Novak says that it appears not be cut in this budget, I am told. erybody who cares about hospitals in from reports from the Congressional This year’s budget will be at the same New York City. They want to come Budget Office that we will have a bal- level as last year’s budget. Let us cele- out. anced budget by the year 2002, without brate, all of the people out there who Mr. Speaker, we want to have a set of all of these drastic cuts that are being have been so anguished by the assault demands established. The No. 1 demand made and proposed by the Republican on education programs, know that we is that every process of change in the majority. It appears that the deficit have fought the good fight. hospital system in New York, whether can be erased without one dime from We have kept our promise and it involves HMO’s or hospitals or clin- entitlements. Members do not have to stopped the extremists from rolling ics, all of those things should be frozen take one dime from social security, over us and the extremists have de- and let the people come forward to par- Medicare and Medicaid alike. cided to retreat. There will be no cut in ticipate. We want a citizens’ commit- That is what Mr. Robert D. Novak title I. Title I will be kept at the same tee instead of cannibalization to make said, who is not a proud liberal on my level as last year. There will be no cut up for what is being cut. We want the end of the spectrum. He is on the other in Head Start. Let us celebrate. Let us people to participate in the restructur- end of the spectrum. And Mr. Novak celebrate the fact that we have kept ing and in the fight to get additional goes on to talk about what he calls a the faith. We have stopped the extrem- funds where they are needed. GOP deficit trap. He says the GOP has ists. New York is often criticized for been, unfortunately, obsessed with end- There will be no cut in Head Start in spending more money on Medicare and ing the deficit and balancing the budg- this annual budget. Let us celebrate Medicaid than other States. But that et. They made a great mistake. We are the fact that the money is now almost same New York, as said before, gives to going to be able to balance the budget assured for the Summer Youth Em- the Federal Government $1.9 billion and have funds for everybody on a rea- ployment Program. It is less than it more than it gets back. In 1994, we gave sonable basis without having to make should be, but it is about almost at the $1.9 billion more than we got back. In the Herculean, drastic kind of cuts same level as last year, last summer. 1993, we gave $23 billion more in taxes being proposed. Let us celebrate, a few weeks ago, to the Federal Government than we got So I end by saying yesterday was tax there was zero in the budget and no back. day. Today every American should talk of remedying that problem. So let If we were to let New York have its take it very seriously. Take a harsh us celebrate what the great fight has own money, leave the taxes that we look at your Government. Examine proposed. Let us celebrate the fact that pay to the Federal Government in New how we are being taxed, how unjust the by fighting, by standing up, Democrats York, we could have decent health tax system is, how uneven the tax sys- have kept their promise of stopping the care. We could have lots of other pro- tem is, how the corporations are pay- extremism. grams. We could have adequate funding ing only 11 percent while individuals Extremism, the manufactured crisis, for our colleges and our universities, are paying 44 percent, four times as the artificial crisis, the unreal crisis adequate funding for our schools. We much as the corporations are paying. created by an extreme majority in this can do a lot with $1.9 billion that does That is part of the answer. The other Congress, has not prevailed in the area not go somewhere else across the Na- part of the answer is; where is the of education. So let there be no more tion. waste? Where do these expenditures cannibalization. Let all the people in That generosity once was a proud need to be cut? Go look in the coffers the education world, the superintend- gesture for New Yorkers. But we have of the CIA. They have $2 billion in a ents, the State education commis- been spat upon so much and criticized slush fund, a petty cash fund. Go look sioners, the principals, let us stop so much, there is so much ingratitude in the coffers of the Federal Reserve. sharpening our knives for the funds throughout the Nation, especially in They have $3.7 billion. Then they are that may be available if drastic cuts the recipient States, that we do not jamming some of these other agencies. are made in special education pro- want to continue that any longer. We We better take a look at a lot of the April 16, 1996 CONGRESSIONAL RECORD — HOUSE H3469 others, the space agency, the nuclear But Capitol Hill was empty of Republican interest on the national debt than the commission. All of these icons of Gov- policy-makers for the last two weeks, and entire Defense Department, over $400 ernment need to be closely examined what the White House was proposing was billion. to see where is our money. The Depart- above the pay grade of GOP staffers still Forty cents of every individual in- there. Such a budget deal would have far- come tax dollar collected in this coun- ment of Agriculture, which gives away reaching effects on the presidential election. money, has forgiven $12 billion in debts Deficit reduction, budget-balancing and even try goes to pay the interest element of to farmers, for Farmers Home Loan tax reduction would be neutralized as issues the national debt. Over 50 percent, I be- mortgages. for Republicans. lieve it is 51 percent of the Federal Mr. Speaker, it is tax time. It is a Senate Budget Committee Chairman Pete budget consists of entitlement spend- time we take seriously where the reve- Domenici, campaigning for reelection in New ing, such as Medicare, Medicaid and nues come from and where the expendi- Mexico, has been informed. So has Sheila welfare. Medicare has gone up 2,200 per- tures go. Every American ought to get Burke, chief of staff for Senate Majority cent since 1980. involved. They ought to get involved Leader Robert J. Dole. House and Senate When we look at the Federal deficit with compassion and love and concern GOP budget staffers met last week. But as Congress reconvenes this week, it is and the national debt, the national for their fellow man. safe to say that there is no Republican pol- debt is over $5 trillion, and I ask people Mr. Speaker, I include Mr. Novak’s icy for dealing with these numbers. In fact, at home what a trillion is. It is a num- article of April 15, 1996, for the RECORD: only Bob Dole is in a position to make this ber, it is a term that really is beyond [From the Washington Post, Apr. 15, 1996] decision now that he is the party’s prospec- imagination. I think a lot of people can GOP DEFICIT TRAP tive presidential nominee. relate to a million. They may not have (By Robert D. Novak) In his long-accustomed role as a self-de- a million, I certainly do not. But they As Republican congressional leaders on scribed ‘‘doer’’ rather than a ‘‘talker,’’ the can relate to the concept of a million decision would be easy for Dole: Make the March 28 were poised to flee Washington for dollars. If you spent a million dollars a a two-week Easter break, they failed to no- deal and accept the congratulatory signing pen from Bill Clinton at the Rose Garden. day, Mr. Speaker, it would take you tice a ‘‘preliminary report’’ on the govern- 2700 years to spend 1 trillion. If you ment’s long-term fiscal outlook prepared by It is more difficult now that he must their own Congressional Budget Office confront Clinton in a broader arena. He must collected $1 trillion in taxes from the (CBO). But President Clinton’s eagle-eyed determine whether he will rule out a quick American public, it is the equivalent of number crunchers quickly perused it and budget agreement and insist that the deficit $3,814 from every man, woman and could scarcely contain their delight. is not everything and that it is essential to child in America, and we know that The report estimated the federal budget reduce entitlements and taxes for the sake of every man, woman, and child in Amer- the economy. deficit for the year 2002 down to $107 billion— ica is not paying taxes. So those of us miraculously, $37 billion lower than the CBO He might even propose a package that ad- number just three months earlier. Thus, the justs the Consumer Price Index in a way that that are are paying a lot. president and the Republicans are but a would cut entitlement payments but also in- Let us talk about the Federal budget short, easy hop away from balancing the crease tax payments, so that it would have now that we understand what 1 trillion budget in seven years as measured by the to be accompanied by significant tax reduc- is. The Republican budget that Mr. CBO, as they each have agreed to attempt. tions. This course might rescue the Repub- OWENS criticized so harshly and the Good news? for Clinton, yes. For the Re- licans from the deficit trap constructed by President vetoed appropriated $12 tril- publicans, no. The hop to budget balance is congressional leaders, including Bob Dole. lion to run the Federal Government too short and too easy. By this route, the f over the next 7 years. That is right, the deficit can be erased without one dime from Republicans have spent $12 trillion at entitlements—Social Security, Medicare, THE REPUBLICAN BUDGET Medicaid and the like—whose immense the national level over the next 7 years growth could eventually ruin the economy. The SPEAKER pro tempore. Under a compared to the last 7 years. That is a What’s more, the deficit would be eliminated previous order of the House, the gen- 26-percent increase in Federal spend- without downsizing the present massive tleman from South Carolina [Mr. GRA- ing, a 64-percent increase in Medicare structure of the federal government or re- HAM] is recognized for 60 minutes. alone over the next 7 years, from a lieving the onerous tax burden. Mr. GRAHAM. Mr. Speaker, I think $4,800 per senior citizen expenditure The Republicans are in a deficit trap. In probably a good lead-in to this debate their first experience controlling Congress in this year, to the year 2002, it will grow 40 years, they have gradually lost emphasis is the last comment of the gentleman to $7,100. A tremendous amount of on revolutionary change in government by from New York [Mr. OWENS] that every money is being spent on welfare and obsessing on the deficit. The president is on American should get involved with Medicaid, an over 50-percent increase. the brink of a major victory—achieving a what is going on in Congress, and I Student loans in the education area, zero deficit without significantly altering think compassion and understanding we have increased student loan funds the federal leviathan and without providing are very good guides to have, and I by over 50 percent in the next 7 years. real tax relief. This became clear to Clinton’s budget ex- think reality needs to be in there What the Republican budget has done perts when they read the CBO’s March 28 re- somewhere. is tremendously increase spending over port forecasting the effects of a freeze at 1996 Let us talk about the budget real a 7 year period 20 percent, 6 percent dollar levels of ‘‘discretionary’’ spending— quickly, then we are going to get into across the board, tremendous increases amounts affected by the congressional appro- something near and dear to everyone’s in entitlements, but less than the pro- priations process, as contrasted with entitle- heart in this country, and that is edu- jected amounts, because the projected ments. cation. The Federal role in it, what we amounts are going to be well above 50 The 2002 deficit estimate of $107 billion was reduced from the $144 billion in CBO’s De- have tried to do at the national level in percent, well above 63 percent. Those of cember 1995 update. Its reason: ‘‘largely’’ the this Congress, I think to improve edu- us who say that we want to balance the piecemeal reductions in appropriations cation, and to have an effective deliv- budget, I think we need to start being painstakingly passed by Congress that were ery system that recognizes the need to honest with each, and I know my col- not vetoed by Clinton. Assumed lower inter- educate our children, to balance the league from Florida has been a real est rates that would result from a balanced budget, and what role money should champion in this cause. If Members budget also were factored in. play in all that, what role the Federal really want to balance the budget, I The president’s aides immediately tele- Government should play. phoned their Republican counterparts in think it is time to address why we have Congress, pointing out the new numbers and Mr. Speaker, I find it very interest- debt to begin with. proposing: Let’s get together now and make ing that we can balance the budget and Why did America get into $5 trillion a seven-year budget deal! remove the deficit without affecting worth of debt? Was it because Ronald The components of such a deal are not entitlements. That is very curious. I Reagan increased military spending hard to envision: the small reductions in need to read the article by Mr. Novak. during the 1980’s where the deficit did Medicare and Medicaid growth already pro- As I understand the dynamic that we grow? Well, the truth is that he did. I posed by Clinton, plus a few more cuts in dis- are facing, two-thirds of the Federal was in the Air Force from 1982 to 1988. cretionary spending. The package might also include a modest tax reduction (with some budget that we deal with is on auto After the Carter years, the military capital gains cuts) drafted by the Joint Tax pilot. Sixteen percent of the Federal was a place that needed expenditures. Committee and tentatively endorsed by ad- budget is interest payments. We paid Spare parts were in short supply. We ministration officials. more in 1997, will pay more in 1977 for had squadrons of airplanes grounded. H3470 CONGRESSIONAL RECORD — HOUSE April 16, 1996 The Navy could not sail ships because the wrong incentives. It is hard to get years, it does not matter if you spend of lack of funding. So Ronald Reagan preventive medicine reimbursed under less in 7 years to get the numbers decided to increase military spending Medicare. The number one expenditure right, you are going to be back in debt. during the 1980’s, and Congress allowed in Medicare is diabetes, but you cannot It does not matter if you slow the him to do so but they required an in- get insulin paid for. growth of Medicaid down temporarily, crease in social spending. So it is a system that is really over- as the President’s budget does. If you The truth be known, it is not because due for an overhaul. And we have al- do not change the reason it grows at 19 Ronald Reagan wanted to increase lowed private sector programs to be percent, you are not going to keep the military spending. It is not because Tip placed on the table and let senior citi- budget balanced. And it does not mat- O’Neill and Tom Foley increased social zens make choices, and we are going to ter what you do in welfare reform if spending at the rate of 3 to 1 during the give them four to five different options you do not address the reason people 1980’s. The truth is that the national to Medicare as it exists today. But stay on welfare 101⁄2 years. debt grew to such large proportions as they have to choose. And if they do not So what I am looking for is a budget it exists today because during the want to make a choice, they stay in that addresses the reason we got in 1980’s, entitlement spending went Medicare as it exists now. And that is debt, a budget that addresses the un- through the roof. One program, Medi- just one example. derlying problem, which is entitlement care, increased 2200 percent since 1980. In Medicaid, we are going to allow spending. Let us reform entitlements the States to take the increased spend- up here in a fair and compassionate b 2000 ing at the Federal level and manage way so that we can deliver you a bal- And all of the other entitlements, care the money. Right now our Medic- anced budget that will stay balanced. Medicare and Medicaid, have grown aid programs are growing at 19 percent. Let us create a welfare system so that tremendously. Medicaid is growing at If you are a Medicaid recipient and you the average person does not stay on it 19 percent a year since 1990. So if you go to the hospital and have a $300 visit a decade. I believe most people want to get off want to blame anybody, I think you for a cold, something private insurance welfare, go into the private sector and can blame both parties, because we would not allow you to do, Medicaid re- live with dignity and not be dependent have sat back and we have watched en- imburses people for medical conditions on the Federal Government, but it is titlement spending go through the roof four and five times the expense that darn hard to do that. If you live to- to the point now it is over 50 percent of the private sector manages those same gether as man and wife under our cur- the Federal budget. illnesses. rent system, we look at both incomes If nothing changes in this country in So it is time now to start allowing and deny benefits. If you get a part- the next 17 years, the Federal budget, States to put into place managed care time job we will start taking benefits the Federal revenue collected from the programs for the Medicaid recipient away from you when you start moving taxpayers at the national level, will be that are good, that are compassionate, up the economic ladder. We are trying spent in two areas: entitlement spend- but that have cost controls on them so to keep your vote, but we are not al- ing and interest payments on the na- it does not grow at 19 percent. lowing you to be free from government tional debt. It is already two-thirds of If you want to improve education in our budget. In 17 years it will consume control. my State of South Carolina, which I I am looking for a welfare system the entire revenue stream. There will do, and I think everybody who is lis- that helps people who need help, that be no money left to fund the Defense tening to me in South Carolina would will give you training, give you edu- Department, Education Department, like to see that happen, let us change cational assistance and will allow you the Commerce Department, and envi- Medicaid. Because when Medicaid to get a job. And the way you create a ronmental agencies that exist at the grows at 19 percent at the national job is not by me talking about it on the Federal level. And that is not a Repub- level, that is the health care for the floor of the House, it is by lowering lican statement. That comes from Sen- disabled and the welfare recipient, taxes so people have more money to in- ator KERRY, a Democratic Senator, when it is growing at that rate for the vest and grow their businesses. who has been involved in entitlement State of South Carolina, to get any Capital gains tax reductions will be study and reform. And the facts are Medicaid money from the Federal Gov- good for this country. It will create just what they are, facts. Entitlement ernment they have to put money on jobs and bring in additional revenue to spending is out of control and it is the table. It is a matching formula. the Federal Government. It did in the going to consume the entire revenue So when the pot of money at the Fed- 1980’s when we lowered capital gains stream unless we do something about eral level grows at 19 percent, then for tax rates, it will in the 1990’s if we can it. South Carolina to get its Medicaid ever get it passed. We have tried to do something about money, its share grows at the same But the way you create a job is to it, and I think in a very responsible rate, so you are robbing our State change this model that currently exists manner. What we have done is we have budget to get Medicaid money from the of where we are overtaxed, we allowed increased spending in Medicare Federal Government. And if we do not overlitigate, and we overregulate. And alone 21⁄2 times the inflation per year, a change, if we do not change that dy- the ultimate hope of welfare reform is 63 percent increase in a 7-year period, a namic, every State’s budget is going to a system that allows people to help tremendous amount of increase, but we be consumed by getting matching por- themselves, that pushes them forward, are going to create options available to tions of Medicaid. that will not pay them to have children senior citizens that are more efficient And as the gentleman from New they cannot afford, but will have a job than this 1965 fee-for-service Medicare York, MAJOR OWENS, indicated, the waiting on them. And to do that you model that is full of fraud. Governors in this country, Republican need to change this bureaucratic model We are going to give people some- and Democrat alike, have gotten into a that we have created for the last 40 thing they very rarely get from the room and said: Enough. You are bank- years that is strangling American busi- Federal Government, and that is a rupting our State. We are having to ness. I think that is compassionate. choice. A choice to pick a program that spend most of our budget to get Medic- I think that is the way to truly deal may deliver more effective medicine, aid dollars because the pot of money at with the Nation’s problems, because less bureaucratically, and a better deal the Federal level is growing so large, the poor in this country want the same for the taxpayers. It is time to give the mandates are so onerous, we have thing as anybody else who is an Amer- people choices that mirror private sec- no flexibility. Please, give us a break. ican: the hope of having it better for tor growth in health care. We can get by on less money if you will themselves and their children than the The private sector programs are give us flexibility to create programs last generation, a chance to have a pri- growing at 3 to 4 percent, the govern- that mirror the private sector. vate pension plan, a chance to have ment programs, like Medicare and And unless we do that, ladies and health care that they own and is now Medicaid, are growing at 13 and 19 per- gentlemen, you will not balance the given to them by the government. We cent because they are very inefficient, budget. If we do not address the reason all have the same values, we just have they are full of fraud, and they have Medicare grows at 22 percent every 15 a different belief on how to get there. April 16, 1996 CONGRESSIONAL RECORD — HOUSE H3471 The special order topic really tonight The gentleman from Florida is going Now, I always drive the other side of is about education. And nothing is to tell us a bit about Head Start and the aisle crazy and the Democrats going to change in this country until how unsuccessful that program has crazy, because I like to deal with facts, we provide an educational system that been when measured by objective cri- and sometimes they come out here and brings the best out in our kids, and teria. It is a good idea. It is a compas- say things and they do not base them that is a school environment where you sionate idea, but eventually you have on fact. But let me tell you about can go to school and not worry about to look to see if the idea is delivering where we are in education and the facts being beaten up or having a drug deal a quality product. Title I is not a good about paying more and getting less. occur under your nose. investment educationally or finan- The fact is, and these are not my sta- The national role in education since cially, and Head Start, I believe, falls tistics, these are published statistics, 1979 has grown dramatically. Test under that same category when you the fact is SAT scores dropped from a scores have gone down. Education qual- look at the return for your money. total average of 937 in 1972 to 902 in ity is stagnant. We are not moving for- I would yield now to the gentleman 1994. The fact is we are spending more ward by having more control at the na- from Florida to tell us a little about and getting less. tional level. The Department of Edu- title I, then we will talk about student The fact is 17-year-olds scored 11 cation’s budget in 1979 was about $16 loans. points worse in science in 1970 than in billion. It is $32 billion now. Six per- Mr. MICA. I thank the gentleman 1994. The fact is reading of 17-year-olds, cent of all education dollars spent in from South Carolina for yielding, and 17-year-olds who do not read at a pro- this country comes from the Federal also I must take a minute and thank ficient level, their reading scores have level. Ninety-four percent of education him and his other 72 colleagues of the fallen since 1992. Spending more, get- funding comes from the State and local 73 new freshmen in the House of Rep- ting less. level. resentatives. How refreshing it is to The fact is, in math, United States When you talk about education re- have people come from all walks of life. students scored worse in math than all ductions at the national level, it has to Not just attorneys, but somewhere in other large countries except Spain. The be put in perspective of the total fund- the neighborhood of three-quarters of fact is we are spending more and get- ing. The bad deal is that 50 percent of this class, this new class of freshmen, ting less for education. the mandates, how to spend the money come from business. Three-quarters of The fact is 30 percent of all college at the local level, comes from the Fed- them have never run for a political of- freshmen must take remedial edu- fice or served in other political office. eral Government. We give you very few cation, and in my district in central And they took time from their lives dollars, but we put a lot of require- Florida, and I come from a fairly pros- and their family obligations and busi- ments on our local educators, our perous and successful central Florida ness and professional obligations, and State and local systems, and we are area, some of our community colleges, leaders like the gentleman from South not getting a quality product. one of the presidents told me over 50 Carolina, Mr. LINDSEY GRAHAM, have The only model that will work, in my percent of his students entering com- opinion, is to have parents and teach- come here and looked at how our Gov- ernment is operating. They brought a munity college need remedial edu- ers and the community leaders in- message from the people in this last cation. And then I was stunned to read volved, and the current Federal system election that the people were not that at another local community col- does not allow that to happen. It is a pleased with paying more and getting lege, 71 percent of the entering fresh- wall between quality education and the less, as I often say. men need remedial education. State and local community. I do be- I have only been here 37 months in b 2015 lieve that we have an overly intrusive Congress, so I consider myself part of This is the fact. These are the facts. Federal role in education that is not that new breed, but I commend the We are paying more and we are getting bringing out the best in our kids, and gentleman and his colleagues for what that we have programs on the books they have brought to the Congress and less in education. That is what this is that are very inefficient, all done in their recommendations. If you consider about. It is not just how much money the name of compassion. what we are doing tonight, Mr. we come here and spend, and the people just getting home today and are work- Title I, that Mr. OWENS mentioned, is LINDSEY GRAHAM from South Carolina a program that started in the 1960’s to is doing tonight, he is here late at ing and yesterday paid their taxes. And help school districts that had a dis- night talking about education. He is a they are sending this incredible proportionate number of disadvantaged Republican, he is a member of the new amount of their money here to Wash- and poor students, to give them a leg majority, and the Republicans and Mr. ington. This is the result of your dol- up, a little extra tutorial time. That GRAHAM and every one of my Repub- lars. program has grown now to almost lican colleagues are very committed to We need to look at how; we came where 80 percent of school districts in good sound education, improving edu- here to look at how effectively we were this country receive title I money. It cation in this country. We cannot spending those dollars. I looked at has become a candy store. make any better investment. But ask Head Start. Let me again deal with Title I money is spent on disadvan- any American, ask any parent, ask any some facts. Let us talk a little bit for taged students, and the definition of student, ask any teacher about edu- a minute about the history of Head disadvantaged has grown greatly. And cation in the United States today, and Start. the facts are that 80 percent of the peo- they are going to tell you that edu- Every Member of this Congress, Mr. ple who provide this extra tutorial cation is in crises. Speaker, and every citizen of this coun- time are not certified teachers, they Republicans have always been strong try should pay attention to this, be- are teachers’ aids. It is becoming an supporters of education. Being business cause first of all they think Repub- employment opportunity for the major men and women and professionals and licans are cutting spending in these cities in this country. people who are highly educated, they areas. The fact is, in education we are The test scores of the children receiv- know that education is really the key proposing increasing expenditures of ing title I assistance have not moved to the success of the problems in this almost $25 billion over the next 7 years. up any. What we are doing is basically country. They know that if you go into I tell people that and they say, I we are taking an average of 10 minutes the jails, if you go into the unemploy- thought Republicans were cutting edu- a day extra time for a title I student, ment lines in this Nation, if you go cation. The fact is, for possibly illegal getting no return on our money, giving into the homes of welfare recipients, aliens, you will not be getting edu- the money to someone who is not a you find that they did not have a good cation. That is part of what this debate professional educator, trained as a education opportunity. But Americans is about. You do not hear that talked teacher, taking them out of the class and Republicans and Democrats and about here. But let us talk about one and spending $6 billion a year doing independents and anyone who lives and program that I took some time spend- that. That is not a good deal for the pays taxes in this Nation must be con- ing, spending some of my staff work taxpayer and we are not moving for- cerned about paying more for edu- and my personal time in looking at a ward. cation and getting less. Head Start program. H3472 CONGRESSIONAL RECORD — HOUSE April 16, 1996 Back in the schools that I attended Grantee’s files and records are in- not bad. But first of all, not one of the at the University of Florida, I remem- complete, inconsistent and difficult to teachers that I know of are certified. ber serving as the secretary of aca- review. And wait until you hear how I Not one of the assistants are certified. demic affairs and student government. detail what is required as far as admin- They have come up with some This is back in the early 1960s. I was istration of this program in one small cockamamie certification program, but committed to trying to make a change program in my district. basically what you have is a minority and to do some positive things. I re- The HHS report also found that there employment program. member one of the things we worked was no educationally meaningful dif- So then they gather all the minority on was a project called Project Begin ferences between Head Start children children together in this program with Here, because we knew we had a uni- and nonHead Start children by the end no certified teachers to basically pro- versity, the University of Florida, a of the second year of grade school. Nu- vide day care services. It is an incred- great institution, here we had a town, merous independent studies confirm ibly expensive price tag. And are these Gainesville, where students did not that the present Head Start Program students getting a cultural advantage? have opportunities to learn. So we has only short-term benefits for poor Are they getting an educational experi- started this Project Begin Here to take children. ence? The answer has to be no. the resources of this great university This is not what I have said. This is Now, you have not heard the most school of education I was a part of and the report of the inspector general. outrageous part of this entire story. I bring it into the community and help These are the facts. So this is how they asked for the budget for these 378 stu- give kids an opportunity and an uplift. evaluated the program. dents. For the 25 teachers, there are We knew that was a key way back So I was contacted by a parent who nearly 25 administrators. Listen to then. I supported Head Start Programs was a single mother, divorced, I be- this: One director gets almost $40,000; back then in the early 1960s. I support lieve, situation with two children and an area coordinator gets almost $29,000; Head Start Programs today. The con- she put her children into the Head another area coordinator, $29,000; an cept is basically good. The problem is Start, had, I think, one or two children education coordinator, $26,000; a family look at what has happened. in Head Start Program. And she was services coordinator, $26,000; a nutri- Look at the time from 1990 to 1995. having a difficult time personally but tion coordinator, almost $26,000; men- Head Start funding increased 128 per- wanted to give her children every ad- tal health disability coordinator, cent. Washington spent over $31.2 bil- $26,000; another health coordinator, lion on the Head Start Program. Those vantage. I commend her for her effort. But then she came to me and said, Mr. $26,000; personnel training coordinator, are the types of increases. The House $19,000; an educational specialist, MICA, she is a very intelligent woman, proposed, the House proposed $3.39 bil- $29,000; another educational specialist, a very educated woman. She said, I lion for 1996, only a minimal reduction $24,000. It goes on and on, $20,000, they have had my children in this program from $3.52 billion that was appropriated go on and on. Then you have family and it is a disaster. So I thought, well, for 1995. Now, that is not a very big dif- services specialists. It is absolutely ference. There is a reduction, and let I better look at what is going on. mind-boggling. me talk about the purpose for the re- So I went and I looked at the Head Then you get to the teachers, the duction in a minute. But the funding Start Program. Let me give you one teachers. Here is the teacher, first for this program has grown almost five Head Start Program in one commu- teacher, $12,000 a year, $14,000 a year. times as fast as the number of children nity, and there are some, there are oth- We might even have a teacher in here, served. The growth has resulted in a ers that are not run in this fashion, but there is one for $15,000. I do not have a sloppy, I mean disgusting management let me tell you what is going on in my certified teacher. This is a national of the program. This is not what I am area of Florida. disgrace, Mr. Speaker, that my dis- saying. This is not a Republican report Last year this one program that advantaged students, 378 of them, that I am going to detail here. And again, serves 378 children received over $2 mil- we have this bureaucracy. we must look at how we are spending lion for the Federal Government, an- Now, it would not be bad if you just these dollars and what the effect is and other $550,000 from the State, that is had this bureaucracy for this little pro- what are we getting for the program. over $2.5 million. The cost per student gram, but this incredible amount of Now, these programs, and again, not for a part-time preschool program is money. Let us face it, this is what the Republican reports, and I only want to $7,325. That is just the local adminis- debate is all about, Mr. Speaker. I am deal with facts because, as I said, it trative cost, the figures I have, not in- chairman of the House Civil Service drives the opposition crazy, this report cluding this huge bureaucracy they Subcommittee that oversees the Fed- is the Office of Inspector General, De- have built in Washington, not includ- eral employees. So I asked the staff to partment of Health and Human Serv- ing the bureaucracy that they have in tell me how many employees there are ices, evaluating Head Start expansion Atlanta. I could send the student to the in the Department of Education. There through the performance indicators. best preschool program, a stellar one in are 4,876. Now, of all of the depart- These are 1993. This one is 1993, Head central Florida for this amount of ments, I think they probably take the Start expansion grantee experiences. money. And then with the money that cake, but there are 3,322 just down the Let us talk about what we found bureaucrats are wasting in administra- street from here, 3,322. I really think here. Head Start is 30 years old, and tion, I would have money left over, the Secretary of Education, Mr. Riley, yet there is little evaluation of the pro- plenty of money left over. In addition, was taking great pride in how he had gram’s effectiveness. This is not what I I know that the program would be, reduced the number of people in the am saying. What there is suggests that first of all, longer in duration because Department of Education from some academic gains made by kids in the this is an abbreviated program. The other year. So I ask our staff to also program are in fact temporary. That is teachers, there would be at least some investigate, and they told me that what we find. The HHS report found certified teachers in the program. And there are thousands upon thousands of that, one, children may not be fully the child would have a much better ex- contract employees that are not now immunized before leaving the Head perience. counted in these figures. But we have Start Program. I mean here we spend This program in central Florida has 3,322 bureaucrats here pumping out hundreds of millions on immunization been found to be deficient by HHS in rules and regulations and they pump programs, a government program, and serving children for the past two years. them out to Tallahassee, my State cap- we cannot even get our government My attempts to try to change it are to- ital, and other State capitals. They program to cooperate with the admin- tally useless because you have to deal pass then onto Atlanta, and they must istration’s program to immunize, so with a bureaucracy in Washington and pass them on. So we have 25 adminis- number one grade success. Atlanta and all kinds of regulations. It trators making twice the amount of Grantees frequently do not identify is amazing that they can run this. money anyone in the classroom made families social services needs, another Listen to the best part. This agency, in this program, and we wonder why criticism of this, and wait until you again the local Head Start Program, our students cannot read and why hear how we spend the money on trying one program, 378 students, employs 25 there is this debate. But it is all about to identify this. teachers and 25 assistants. Now, that is spending more and getting less. April 16, 1996 CONGRESSIONAL RECORD — HOUSE H3473 b 2030 same thing happens in the United have more policepeople. We are putting Again, these are the facts. Anyone States. This report says, ‘‘the depart- in metal detectors in our schools. who would like copies of these, any of ment spent about $305,000 for each par- There is something wrong. There is my colleagues, this is how the pro- ticipant placed in a job-related employ- something dramatically wrong. If this grams are run. These are the evalua- ment whose employment lasted over 90 does not tell a little bit of the picture, tions. These are not Republican evalua- days. I do not know what does. tions. Mr. Speaker, this caught my eye just Mr. Speaker, I know there are other Mr. Speaker, Members can see I get a recently in the Washington Post, but problems: the welfare system that we little bit hot under the collar when there was an article within the last have created over 40 years. When chil- they accuse Republicans of cutting month or so in the Orlando Sentinel dren go to school and they have never education. I have two children. I am that absolutely was flabbergasting. It seen a father, they come from a home concerned about education. talked about the State of Florida and that is in total disruption, they have I heard the gentleman from South job training and education programs. no sense of values, then we wonder why Carolina talking about Title I. I do not Get this. The State of Florida, one we get into these situations. We are know a lot about it, but I know how State out of the 50 States, spends $1 dealing with the problems that we have important it is to have it as a follow- billion in their job trainings programs, self-generated in 40 years of decline of up program. If you have Head Start $1 billion. This was a State audit of family values, of discipline in our and you do not have Title I, we know if those programs. schools; of the professionism of edu- the kids cannot read by third grade, as The State audit said basically that cation, rather than a 9 to 5 job: If I can my superintendent so ably says in the programs were, almost every one of just make it through one more day and Seminole County, FL, the school super- them, a disaster. It said, in fact, that keep these kids under some control, intendent, he says, they are lost. They only 20 percent of the students who en- and keep the discipline to where they cannot read, they cannot write, they tered these job training programs ever do not physically abuse me during the cannot do basic math. If we are not completed them, 20 percent who en- day, I have made it through another spending the money in the classroom tered. Then, of those who completed day in my classroom. It has to stop. on the students, in the programs that the job training program, only 37 per- I just came here for a short time. I do need it, for the teachers, we have a cent got a job. Then, of the 37 percent, not plan to stay forever. But I am dedi- problem. and remember, that is of the 20 percent cated, and if the gentleman from South A teacher just came up to me in a who have entered who got a job, they Carolina [Mr. GRAHAM] is not here next Title I Program and stated, ‘‘Mr. MICA, got just above a minimum wage job. time or the other freshmen are not I want you to know, they told me I am Then they found that within 6 months here, I know the American people will going to lose my job, but they are hir- the people were out of a job. send more people to get this job done, ing another administrator.’’ I almost One billion dollars that people spent because they are concerned, and we are got sick when I heard that. Here is a yesterday in paying their taxes, Florid- concerned. We do not care about the teacher in a Title I Program, and Title ians and other Americans, to send to next election, we are concerned about I programs are important. We need to Washington for education programs the next generation. When we have to make sure that for the students who that do not make sense, for job train- take our children out of schools and we need Title I, that we have a consistent ing programs that do not make sense. are paying taxes and seeing this result, pattern of education; that we just do Again, the reports go on and on. it is sad. It really is sad. not do minority grouping with minor- I served on the committee that Mr. Speaker, I thank the gentleman ity employment and give these chil- oversaw some of these programs, the for yielding to me. I get wound up in dren a disadvantage. They need an ad- EPA and some of the others in the pre- these debates, but these are all things vantage, the very best advantage. Then vious Congress. I would sit at the hear- that I take personally. I am a Repub- we need to follow up in first grade and ings and just about fall off my chair to lican who cares about education and second grade and third grade, so they hear how taxpayer money was wasted does not like to have people tell me can read and write, and of course do and abused. But this message is not that we are gutting or cutting edu- basic skills. getting out to the Congress, Mr. Speak- cation. We are trying to improve, we Mr. Speaker, I want to talk, if I may, er, it is not getting out to the Amer- are trying to re-examine education as just for a minute more. If the gen- ican people, that they are paying more it has been done and correct these mis- tleman will continue to yield, when I and getting less. takes, and do a better job with tax- get on these subjects, again, as a I know in their hearts and in their payers’ very hard-earned money. Again former graduate of the University of guts, the American people know this is I thank the gentleman for yielding. Florida School of Education, I just get wrong. They know there is something Mr. GRAHAM. Mr. Speaker, I thank so upset and concerned about the direc- wrong with the system, and they are very much the gentleman from Florida tion of education. dedicated. People are interested in edu- for talking about facts, because some- Mr. Speaker, if we take a minute and cation. Everyone I have met, whether times facts get in the way of a good look at what we are doing to employ it is someone working in a grocery story. Head Start is a good idea, but students who need skills for real jobs, store or someone who is a high profes- when you look at the facts you de- and I am not talking about $5-an-hour- sional in my community, is interested scribed, you have to wonder if the pro- paying jobs. We know people have dif- in education. Every Republican wants gram is working as efficiently as the ficulty living on minimum wage. But education. But what we do not want is taxpayers deserve for it to work. we are talking about jobs that give this huge bureaucracy, this huge inef- It is obvious that you care about edu- people an opportunity to be self-sus- fectiveness that has cast a spell across cation, that you have made it your taining, good-paying jobs. When we the entire country. life’s work, but you also care about the start to look at what we are doing with What we want, too, are some other national debt, the $5 trillion debt, and our job training programs, the same things that we may not be able to leg- the role that money plays in education accusations, Republicans are cutting islate. We may begin to want to look at and the debt have to be examined. I money for job training programs. how we can restore some true caring, would suggest to you that the edu- Again, Mr. Speaker, we must look at some love, some spiritual values, some cation problems in this country are not what we are doing. The American peo- values, some discipline in these school- all about money. They go a lot deeper ple must stop, listen, and learn about rooms. You talk to the teachers, I have than that. They are about the break- what is going on with their money. talked to teachers who have been down of the home, they are about rely- Here is one program for job education. struck twice. Instead of another art ing on someone else from far away to I know this comes under the Depart- course or a music class, as in where solve all your problems, just like a lot ment of Labor. Here is an article that some of my children went, they are of problems exist in America today, says, ‘‘Audit faults job training pro- putting in security guards. There are and we, the people, are responsible. gram.’’ This is in Puerto Rico. We also police people. We do not have new You can blame Congress, it is a fash- pay for job training there, but the math teachers or cultural teachers, we ionable thing to do, and we do deserve H3474 CONGRESSIONAL RECORD — HOUSE April 16, 1996 to be blamed for allowing this Nation Pell grant, money that you receive vate sector needs to be improved. It is to get so far in debt. We should be al- that you do not pay back. not a good business deal for the tax- lowed to talk openly about improving My sister, when my parents died, was payer. It is inefficient. The risk is not the educational climate in America eligible to get a Pell grant. That pro- shared in a fair amount. We are going and balancing the budget without hav- gram continues and is fully funded. to improve that. We are going to dou- ing people throw rocks at you, because There is more money in the program ble the risk. We are going to stop subsi- you heard the gentleman from Florida, than in the history of the program. We dizing the guaranteed agencies to the Mr. MICA, speak. I hope you are con- are looking at the number of people el- extent that they are subsidized now. vinced, I know I am, that he is sincere igible, but trying to ratchet down the We are going to do a better business about providing a quality education, income levels, so the money will go to deal for you, the American taxpayer, but he has a responsibility to manage the people who need it the most. You and still help students. the taxpayers’ money wisely and to cannot be everything to everybody and The President, who is critical of the provide that quality education. balance the budget. That is a bad dy- guaranteed program, wants to go the I would suggest that you are not get- namic to create, even if we were not in opposite direction. What he would like ting a return on your investment, as he debt. to have happen is the Federal Govern- has indicated. Let us talk abut student The supplemental education oppor- ment become the primary lender, be- loans for a minute. You have heard a tunity grants program that helps dis- come a bank. Can you imagine the De- advantaged students is funded at the lot of talk about student loans. I know partment of Education becoming the same level it was last year. The college the gentleman from Florida has, and third largest consumer bank in Amer- work-study program is fully funded at our Speaker is very knowledgeable ica? $617 million. The Perkins loan program about the student loan situation in The bureaucrats that the gentleman remains at $6 billion, just like the America. from Florida [Mr. MICA] has described President requested. The Trio program I am the first person in my family to would have a huge loan portfolio avail- for minorities and disadvantaged stu- go to college. I am not a country club able to them. They would replace the dents is fully funded at $463 million. anything in that regard. I am the first private sector. We would go borrow the That is the Republican budget. Republican in my district in 120 years. What we did try to do is we tried to money, the Federal Government. We They hung the other guy, so I think I look at the student loan program and are broke, we do not have money, we am doing a little bit better. But things see if we could improve it and make would have to borrow money. We would are changing down South. It is a dis- savings to help balance the budget, be- let the Department of Education be- trict with an average per capita income cause I think we have a moral obliga- come the lender and the collection is $13,200. It is not a wealthy district. It tion to look at the way we spend agency. It would be a disaster. is a very proud district where people money and to craft programs that help It may be easier to get the money, want to pass on their hopes and dreams people, but not overly waste money for somewhat more efficient, they say. and make it better for their children. the two-thirds of the students that That is not true. We would have a gov- I received student loans. My parents never borrow it to go to college to ernment bureaucracy at the Depart- died when I was a junior and senior in begin with. ment of Education with unlimited college, and I had a 12-year-old sister We were able to save $10 billion in growth potential. They would be the who received student loans. They about 2 days of talking. Unfortunately, third largest consumer bank in Amer- worked very hard to give me an edu- most of those savings will never go ica, and a bureaucratic Department of cation, and I helped my sister, and the into effect, but I am going to tell you, Education gets paid whether they col- Government helped us by allowing stu- in just about 2 minutes, how you can lect the loan or not. It is not their dent loans, making student loans avail- save $10 billion and I believe not hurt a money. able to us. That is going to continue, soul, help the taxpayer, and make this The banks are lending their money. because most of the people in my dis- student loan program more energetic. They have a reason to go collect the trict who are qualified students to go Mr. Speaker, we were going to save $5 money. They are in a business. The De- to college will go into a banker’s office billion by doubling the risk that the partment of Education are not bank- and say, I would like to go to college, bank shares in the event of a default. ers, they are not in the banking busi- and the banker will say, what do you Under the current student loan pro- ness, and the President wants to re- own? The student probably owns very gram, when a bank lends the money place private sector capital with public little, and sometimes the parents do the Federal Government guarantees borrowed money, replace bankers who not have the assets to make a loan on the loan, and if there is a default, the are in the business of collecting money the up and up, so the Federal Govern- bank gets 98 cents on a dollar. Do you for a living with bureaucrats. ment comes in and guarantees that think they spend a whole lot of time That is the worst idea I have ever loan. That will continue, as long as I chasing that loan down? That is not a heard of in this Congress, and it shows am in Congress, because that is a very good business deal for the American us how much he believes in big govern- much-needed dynamic in this country. taxpayer. ment. I will never ever vote, I will What will not continue is to lend I want banks to make money. I think never ever allow that to happen, to money blindly, to waste money in the banks should be the primary lender of take a private sector program that name of compassion, and to take the student loans. They should be able to should and could be improved and re- hard-earned taxpayers’ dollars from get into the student loan business and place it with a dominated Federal pro- two-thirds of the children, the kids make money, but the Federal Govern- gram where the default rates are going who graduate high school and go into ment needs to do a better deal than 98 through the roof. cents on the dollar. Under the Repub- the work force and never get a student If we think there is a problem now lican reform, we double the risk the loan. We have some obligation to run with defaults, let the Federal Govern- banks will accept in the event of a de- the student loan program like a busi- ment be the lender and the collection fault. They will still be able to make ness. agency. They could care less. They money, but there is less risk for the Here are the facts. The Republican want your vote, not your money back, taxpayer, there is more risk-sharing. budget increased student loan spending not the money back. That would be a That saved $5 billion, and had nothing from $24 billion to $36 billion over the disaster, and it is not going to happen. to do with anybody who is getting a next 7 years, a 50 percent increase in It is not going to happen if we control student loan. It had to do with the the amount of money available for stu- this place. banks. dent loans. The number of students eli- Mr. Speaker, we saved $1.2 billion by It will happen if the other party gible for a student loan has grown from eliminating a program the President is takes over, unfortunately, and there $6.6 million to $7.1 million over the pushing called direct lending. are Members of the other party who next year under the Republican plans. think this is a bad idea. Please do not We have increased Pell grants to the b 2045 allow the Federal Government to be- highest level ever. $2,440 will be avail- The student loan guarantee program come the third largest bank and re- able for eligible students to receive a where we underwrite loans of the pri- place private capital with government April 16, 1996 CONGRESSIONAL RECORD — HOUSE H3475 borrowed money. That is a horrible loan program, we are going to nego- reaucratic administration. Again 3,322 idea. tiate a better deal for the taxpayer and Federal Department of Education em- The Congressional Budget Office has we are going to save money in the ployees in Washington, DC. Not in the told us if we would get the Federal process, and we are going to ask those classroom, not out there teaching. But Government out of the lending busi- students who borrow the money to pay their job is to pass on rules and regula- ness in education, we would save $1.2 it back. We have reduced the default tions and that is why we have a big bu- billion. That shows us how big a bu- rate by 50 percent and it has got noth- reaucracy in Atlanta and other re- reaucracy has grown up over a 10 per- ing to do with direct lending. It has got gional offices, that is why you have a cent share of the market, where direct to do with a Congress who has finally big bureaucracy in my State capital lending has 10 percent of the student gotten tough and tells the school that and in other State capitals. That is loan business now, there is a $1.2 bil- has a 25 percent default rate, ‘‘You’re why your school boards are required to lion savings if we wiped it out. The going to get out of the program.’’ hire more administration people. That President wants to do 100 percent di- There are schools in this program that is why Head Start is top heavy with ad- rect lending, but we save $1.2 billion in have 50 and 60 percent default rates. ministration. It all starts here. This our budget by wiping it out, $5 billion They should not be allowed to partici- may be the last opportunity that this by doubling the risk of banks. pate. We are going to start asking peo- Congress has and the American people One thing we did do for students, ple to pay the money back, we are have a real opportunity to make that under the current program, Mr. going to ask schools to get involved changes in these programs. And that is MICA, if you graduate from college, we and run it more like a business at their the fundamental debate. Do we want to forgive the interest payment of your level. We are going to renegotiate a re- continue to pay more and get less? I loan for a 6-month period when you lationship between the student loan think it is time to reverse that trend. graduate. We have proposed to allow program and the American taxpayer I think it is time to improve education, the interest element of your loan to that will ensure access to education, improve the environment, improve the continue to run. You do not have to but we are going to save some money way taxpayer money that again came pay it if you do not have the money, because we are wasting money now and here yesterday in incredible amounts but we are going to let the interest they are not contradictory principles. and is deducted from people’s pay- continue to run, not forgive the inter- You can have efficiencies in govern- checks in incredible amounts. I thank est for a 6-month period. That would ment and improve the quality of peo- the gentleman for his leadership on save $3.5 billion to the American tax- ple’s lives, and that is the goal of this this issue. payer. It would mean to the average Congress, in education and every other Mr. GRAHAM. I thank the gentleman student a $4 a month increase, but it area. I am proud to have been a part of from Florida for participating and pro- would save $3.5 billion for this Nation. it. Instead of getting criticized, I think viding facts that I think show very I could tell you right now if we got to we should be applauded for taking on clearly that the efficiencies in govern- the point where we cannot forgive the programs that have not been looked at ment that we are seeking can be found interest for a 6-month period and that since 1965. without looking very deeply. That if be devastating to education and a stu- Mr. MICA. If the gentleman will you had an opportunity to come up dent cannot incur a $4 a month charge, yield, I think the gentleman makes a here yourself, the ones listening to me then something is wrong and we are very good point and he has detailed tonight and look at these programs and never going to balance the budget. this evening, Mr. Speaker, some of the spend a few minutes analyzing how That is not too much to ask. That is an differences in the philosophy between they are run, you could save $10 billion appropriate thing to do to save $3.5 bil- the Republicans and Democrats on this pretty quickly, also. It is not that hard lion for the American taxpayer, and issue. Education is important but it is to do. The hard thing is to convince that is part of this package. We save not just a question of spending more people that when you are trying to im- $10 billion and I have just described to money, it is how we spend that money. prove the student loan program for the you, we increase the interest rates for This is really the fundamental debate two-thirds of the students who never parents who are not eligible for the in this entire Congress. It transcends get in it but pay the taxes for it, that guaranteed program to borrow the not only education but every other you are not being mean. money at Treasury rates plus a per- area. I spoke this afternoon on the When you try to stop Medicare from cent, we increase that 0.1 percent, that floor about the EPA and Superfund growing at 2200 percent so you can will result in about half a billion dol- program. We spend more, we get less. keep the budget balanced, that you are lars. We save $10 billion for the Amer- We are spending more in those pro- not being mean, because you can pro- ican taxpayers and the only thing to grams and we are cleaning up fewer vide quality health care from Medicare happen to a student is that they would and fewer of the sites, and we are not to seniors in this country without al- have to pay $4 a month more because even cleaning up the sites that pose the lowing the program to grow 2200 per- they are going to have to pay their in- most risk to human health and safety. cent every 15 years. The amount of terest for the 6-month period after they We have detailed tonight how just in a money and the efficiency do not relate. get out of college. We are not going to few programs, student loans, title I, in We are spending more money than we forgive it. To me that was very reason- Head Start and some of the other pro- need to. We can deliver a better quality able and responsible. It helped us bal- grams the disaster that we have come program, a better quality of life and save money in the process. That is not ance the budget, and I think it im- across as new Members of the Congress only something we can do, it is some- proved the student loan program that and found in my 37 or 38 months here thing we must do. If you allow us, we needs to be improved. and in Mr. GRAHAM’s tenure, so each of Those two-thirds of high school stu- those areas we have tried to look at will do it. dents who never go to college, who how a businessperson, how a parent, f never go on and receive a student loan, how a teacher, how someone interested VOTING RIGHTS ACT OF 1965 they deserve our time and attention, in education would make changes. Be- The SPEAKER pro tempore (Mr. FOX too. Because they are the ones paying cause if you just continue the way we of Pennsylvania). Under the Speaker’s the bill and we can have a quality stu- have, you have thrown more money at announced policy of May 12, 1995, the dent loan program. Access to education the problem, you are not really ad- gentleman from Louisiana [Mr. FIELDS] is a must. I will always vote to ensure dressing the fundamental changes that is recognized for 60 minutes. that money is available to help needy need to be made in the programs. Mr. FIELDS of Louisiana. Mr. Speak- students and families who cannot go it Again, whether it is education or envi- er, I rise tonight to talk about the Vot- on their own have money available to ronment or other areas, these are the ing Rights Act of 1965 and all of its go to college. But as long as I am here, fundamental debates. As a parent, I amendments thereto. we are going to run it more like a busi- want a good education. As a parent, I Yesterday, Mr. Speaker, I had the op- ness, we are going to ask the private want our children to be able to read portunity to go before a panel and sector to share the risk, we are going their diplomas and to stop the decrease present different legal arguments as re- to improve the quality of the student in these scores, and to stop this bu- lates to redistricting in Louisiana and H3476 CONGRESSIONAL RECORD — HOUSE April 16, 1996 perhaps redistricting across the coun- by congressional amendments to clar- because I viewed it as a signal that it try. Tonight, I would like to take a lit- ify the law. The Court’s ruling in these would encourage those opposed to the tle time to talk about where we are voting rights cases calls into question Voting Rights Act to challenge it ev- today and how we got to this point. I our ability to seek redress in this, the erywhere. This is exactly what has am very pleased to be joined by my body of the people. In Shaw versus happened since the Shaw decision. good friend and colleague from the 12th Reno, after the creation of majority Mr. Speaker, voting rights and the Congressional District of Illinois, Mr. African-American congressional dis- law protecting these rights were one of JACKSON. tricts in North Carolina, blacks elected the few areas to remain largely intact Tonight, I want to from a historical the first African-American to Congress following the Reagan and Bush on- perspective talk about the Voting since Reconstruction. Even with two slaught. In voting rights cases, they Rights Act, why it was passed and majority African-American districts, must first prove intentional discrimi- where we are today with it and then white voters who make up 76 percent of nation on the part of the State to suc- try to talk a little bit about the cases that State’s population, continued to ceed in a Voting Rights Act case. Con- that are pending in the Supreme Court control more than their share, 83 per- gress disagreed with the City of Mobile and give some sense of logic to what cent, of North Carolina congressional versus Bolden and they disagreed with State legislatures should be doing and seats. Yet the Court suggested that one the Supreme Court’s interpretation particularly in the State of Louisiana. majority black district, because it was and ruling in the Bolden case, and in Because I think many of these redis- irregular in shape, was nothing more 1982, they amended the Voting Rights tricting challenges are not based on than an effort to segregate the races, Act to specifically overrule that deci- constitutional law as much as they are and I quote, for the purposes of voting. sion. In fact, Congress strengthened based on financial gain, for lawyers and It said that such a district would, the Voting Rights Act on a bipartisan for plaintiffs, and I plan to talk about quote unquote, threaten to carry us basis to make it plain that discrimina- that later in this discussion. further from the goal of a political sys- tion against minority voters continued But at this time, Mr. Speaker, I tem in which race no longer matters. to persist and that an important test would like to yield to the gentleman The Court is, in fact, saying that racial was not intent, which is often difficult from Illinois as much time as he may injustice no longer exists. In reality, to prove, but instead was the effect on consume. we live in a political system that is so minority voters. In 1986, the Supreme Mr. JACKSON of Illinois. Let me racially divided that race matters Court upheld the constitutionality of take this opportunity to congratulate more than any one factor in a voter’s the 1982 amendments in Thornburg ver- the distinguished gentleman from Lou- choice of candidates in American. Po- sus Gingles, and it was against this isiana [Mr. FIELDS] for the vigilance litical encumbents whose main goal in background that the State legislatures that he has shown and the people of the redistricting is to insure their own re- determined the Constitution required Fourth Congressional District of Lou- election, they know this. And when that majority-minority districts be isiana as they have fought to uphold they draw the district lines, computer drawn to avoid violating the law. the law of the 1965 Voting Rights Act technology can tell them the racial The Shaw decision resurrected the which has in part and in no small composition of every census block. In- intent question by turning the Voting measure created the kind of diversity deed, many majority white districts Rights Act on its head in order to rec- in the Federal Government, the kind of are drawn to exclude African-Ameri- ognize the right of white plaintiffs, diversity in State government, the cans and preserve white constituencies who do not even live in these congres- kind of diversity in political legislative in the last reapportionment, they look sional districts, to challenge districts bodies all across our country. There as unusual as the black districts sin- that were intended in the first place to has never been since Plessy versus Fer- gled out by the Supreme Court. In lead to greater minority representation guson was decided in 1897 which ran 22 many cases, compact minority dis- in this body, in the Louisiana State African-Americans out of this distin- tricts are hard to draw because Afri- Legislature and the North Carolina guished body and ran African-Ameri- Legislature, in State legislatures cans and other minorities out of State can-Americans and Hispanics are con- around this country. The objective of legislatures around this country the centrated in isolated communities. The census blocks in these commu- the Voting Rights Act was to deseg- kind of representation that African- nities were defined long ago by legal- regate the institutions of power that Americans, Latinos, women, and other ized residential segregation. This was heretofore historically had been denied minorities in this country presently the target of Dr. King’s last civil rights to African-Americans, women, and to have come to appreciate. march in 1966. other minorities. b 2100 Creating majority black districts Most recently, in the Fifth Circuit I want to offer certainly a level of does not harm white voters. Indeed, decision in Hays versus Louisiana, they congratulations again to the gen- there is no State in the country in sought to apply Shaw to answer a to- tleman from Louisiana for those State which whites are underrepresented in tally different question: Is there a com- legislators who are presently in Louisi- State legislatures or in this body, the pelling State interest in designating a ana filibustering the attempt by that 104th Congress. Even with enforcement congressional district using race as one State legislature to undermine the of the Voting Rights Act, African- of many criteria so that racial minori- Fourth Congressional District of Lou- Americans and other minorities con- ties have an equal opportunity of win- isiana. I want to offer this evening an tinue to be barred from their fair share ning? The court in Hays concluded that historical perspective and then hear of political power nationwide. Given the Louisiana plan, the seat of the gen- from the gentleman from Louisiana the racial division among voters and tleman from Louisiana [Mr. FIELDS] and then engage the gentleman in a the bitter history of African-American was not narrowly tailored to further a colloquy about the sustenance of the electoral exclusion, African-American compelling State interest. Voting Rights Act of 1968. districts provide the most widely ac- Hayes was obviously troubling for a In June 1993, the Supreme Court cepted means of allowing black voters number of reasons. To recognize the handed down a decision that threat- full participation, a bear minimum for standing of white citizens to attack ened to return this country to the days citizenship in this democracy. Concern majority-minority districts, the court of separate but equal. The decision in with the shape of a district should ob- cited regents of the University of Cali- voting rights mocked the reality of viously pale in comparison. fornia versus Bakke in 1978, in addition persistent racial inequality in America When Shaw versus Reno was decided, to Shaw and Croson. Thus, the fact of in the name of a color-blind society. too many in the voting rights commu- a color-blind Constitution and country Using the Constitution’s guarantee of nity initially sought to characterize it was elevated by the case in Louisiana, equality, the Court has given the green as a narrow decision which, while po- Hays versus Louisiana, to strike down light to willful racial exclusion in the tentially damaging, it was not a fun- the Louisiana plan. The Hays court re- political process. damental attack on the constitutional- lied on a 1964 decision, Wright versus In the past, damaging interpretations ity of the Voting Rights Act of 1965. I Rockefeller, a case that was decided of civil rights laws could be minimized was very concerned about this opinion before the Voting Rights Act of 1964, to April 16, 1996 CONGRESSIONAL RECORD — HOUSE H3477 define a racially gerrymandered dis- Mr. FIELDS of Louisiana. Mr. Speak- State in 1812 to be a part of this great tricting plan as one that, quote un- er, I thank the gentleman for yielding, Union. Louisiana went from 1812 to 1875 quote, intentionally draws one or more and I thank the gentleman for sharing before it elected its first African-Amer- districts along racial lines or otherwise this special order with me. ican to Congress. So Louisiana went 63 segregates citizens into voting districts I want to also talk a little bit about years. From the time it was admitted based on their race. some of the history, not only in Louisi- to the Union to 1875, 63 years without The court also cited Bolden in sup- ana but all across this country, as re- sending one African-American to Con- port of this point. The Hays court lates to the Voting Rights Act. As the gress. And the first African-American seems to have ignored the fact that the gentleman knows, the Voting Rights to ever serve in this body was Charles 1982 amendments by this Congress Act was actually instituted by this in- Nash, who was elected in 1875 and overturned Bolden. The only citation stitution simply because of the denial served only one term. He served from the court makes of those amendments of due process in the voting arena. In- 1875 to 1877, and the reason why he was is to assert that section 2 expressly de- dividuals of color, as a matter of fact not reelected, it wasn’t because he did clares that proportional representation women as well, could not participate in not want to come back to Congress and is not required. the electoral process simply because to serve his constituency in the State On Thursday, June 30, 1994, exactly 1 they were women and simply because of Louisiana and to do a good job and year to the day after the Shaw versus they were Hispanic, simply because to represent not only the people in his they were black or African-Americans Reno decision undermined a North district but people in his State. It was and, therefore, this esteemed body Carolina redistricting plan designed to because the State legislature in Louisi- thought enough of this country to pass give African-Americans greater rep- ana decided to pass laws to prohibit resentation after Reconstruction, the something called a Voting Rights Act. Did the gentleman know that there many of his constituencies the oppor- Court struck again. In two separate were individuals who would try to reg- tunity to vote, to register to vote. opinions, a Florida case, Johnson ver- ister to vote, but simply because they They passed laws like literacy tests. sus DeGrande, and a Georgia case Hold- were African-Americans, they were not They passed a poll tax. They not only er versus Hall, the Court sought to able to vote? And after it was illegal to disenfranchised blacks, but they limit a broad interpretation of section deny a person the opportunity to vote, disenfranchised whites, as well. Anyone 2 of the Voting Rights Act. Section 2 State legislatures passed statutes that who was poor in the State, as it was in outlaws all forms of voter discrimina- had prohibitions in terms that made many States across the southern part tion. the registration process more com- of our country, could not gain access to Congress intended a broad interpreta- plicated. For example, I can recall the ballot box because they did not tion so as to be able to address the var- talking to one of my professors at own property. So Charles Nash, despite ious and subtle forms of voter denial, Southern University that mentioned the fact that he wanted to return to but the Court appears increasingly un- the fact that in order to register to Congress, could not return to Congress willing to use an interpretation that vote in Louisiana, you had to state the because many of the people who voted expands the notion of democracy for all Preamble to the Constitution. That for him could not vote for him any Americans. As a New York Times edi- was one thing that eliminated several longer. So Louisiana went from 1877 to torial said, the Court was driven by a voters, several potential voters from 1990 without electing one African- core of justices who evince no respect the voting rolls, not only in Louisiana American to Congress. That is 113 for Congress whatsoever. Justice Clar- but all across the country, particularly years. 113 years the State of Louisiana ence Thomas and Mr. Antonin Scalia in the southern part of our country. did not have one African-American, de- are leading the challenge against the Individuals had to state how many spite the fact that Louisiana had over Voting Rights Act. bubbles were in a bar of soap. Asinine 30 percent African-American popu- And so today, there are legislators in questions like that were presented to lation. Louisiana who are engaged in a fili- individuals before they were able to b 2115 buster so that the Fourth Congres- gain access to the voting rolls. And sional District of Louisiana will re- then this Congress, this esteemed body, Why? Because districts were gerry- main intact. decided that was enough of discrimina- mandering to exclude minority votes I brought, today, a map to show the tion, that was enough denial of due and not include minority voters. And changes that the Fourth Congressional process and voting opportunities in as a result of that, they never had the District of Louisiana has gone through this country and they passed the Vot- mere opportunity, not a guarantee but in the last year. In the Louisiana case, ing Rights Act. just a mere opportunity, to run in a the Court said racial gerrymandering That is what this whole discussion is district where they could run and win. was unconstitutional. In a State 30-per- about tonight. I want to talk about So Louisiana’s African-Americans, cent black, only two Congresspersons Louisiana from a historical perspective went a total of 176 years without hav- have been elected since Reconstruc- as related to this Congress. The State ing one single voice here in this Con- tion. The first Louisiana plan, 65 per- of Louisiana, we have sent over 184 in- gress from that esteemed State. Now, cent black, 35 percent white. The sec- dividuals to this body. One hundred today, the big debate in the State leg- ond Louisiana plan after this plan was eighty-four individuals from Louisiana islature is whether or not we continue thrown out created a new congres- have had the opportunity to serve in to have a Fourth Congressional Dis- sional district, 55 percent black, 45 per- this esteemed body. Of the 184, only 3 trict. cent white. And now the State legisla- of those individuals have been African- I am going to at this time yield to ture in Louisiana is presently filibus- Americans, in spite of the fact that the gentleman, because I know he is on tering to keep the third plan from be- Louisiana has always had a substantial a tight time schedule and will be join- coming a matter of law, thus moving minority population. I mean even ing me later in the special order for a this district 70 percent white to 30 per- today, Louisiana’s minority population few minutes to further talk about some cent black. is over 31 percent. Sending 184 people of—I see he has a map display, so I will So a district that is almost 50 per- to sit in this Congress, the people’s yield to the gentleman. cent black and 50 percent white has House, the House of Representatives, Mr. JACKSON of Illinois. I want to been declared unconstitutional, but and not having but three of those indi- thank the gentleman for yielding. I do now we have a district that the court, viduals come from that State of Afri- want to apologize, because I am going Reagan-appointed judges and Nixon-ap- can-American descent. And then to to step away for a few moments. pointed judges in Louisiana are now have one of the districts that are pres- I wanted to show you a map of con- saying that a district 70 percent white ently under attack, presently drawn to gressional districts around the coun- but with 30 percent minorities is con- give an African-American an oppor- try, particularly southern congres- stitutional. tunity is absolutely, absolutely uncon- sional districts that are now being I would like to yield back the balance scionable. challenged as a result of the decisions of my time to the gentleman from Lou- In 1812, Louisiana was admitted to that are coming out of Louisiana, that isiana. the Union. Louisiana was admitted as a are coming out of North Carolina, and H3478 CONGRESSIONAL RECORD — HOUSE April 16, 1996 that are certainly coming out of Flor- games, if you will, that are played by most diverse districts in the entire ida. many State legislatures around this country. It is really interesting to note, when country. These districts are not superminority we look at the district formerly held Mr. FIELDS of Louisiana. Would the districts, these districts are very di- by Barbara Jordan, Mickey Leland, and gentleman yield on that point? verse districts. The district I represent presently held by SHEILA JACKSON-LEE, Mr. JACKSON of Illinois. I certainly and the district you represent is not and the districts held by Representa- would. overwhelmingly—I mean not 70, 80, and tive FIELDS, and by Mrs. MEEK and Mr. FIELDS of Louisiana. The gen- 90 percent African-American. They are ALCEE HASTINGS in Florida, when we tleman mentioned diversity, and men- very diverse. The district I represent is look at the district of CYNTHIA MCKIN- tioned how the whole purpose of the 55 percent black, 45 percent white. So NEY, we note that these districts were Voting Rights Act or one of the pur- how can one say the creation of these drawn to desegregate the institution of poses of the Voting Rights Act was to districts segregates voters? As a mat- Congress, to give African-Americans in integrate the political system, such as ter of fact, these districts desegregate a State where they have significant the U.S. Congress and State legisla- voters and integrate voters. It brings populations, like the State of Louisi- tures across the country. The gen- voters together. ana, an equal opportunity of winning. tleman is absolutely right. To say a district that is 98 percent If there is any one thing that can be Even today there are 535 Members majority is constitutional and is inte- said about the present attacks on the that serve in the U.S. Congress, as you grated, and a district that is 55 percent Voting Rights Act, it is that the Vot- know, there are 435 that serve in this minority and 45 percent majority is un- ing Rights Act of 1965 has been effec- esteemed body and then 100 across the constitutional and segregated, defies tive. It has indeed worked. The reality hall in the other distinguished body. all logic. That is one of the reasons is between 1863, after the slaves had And of the 535 Members, only 40 of why State legislatures ought to leave been freed, between 1863 and 1896, 22 Af- them are African-Americans. So for this decision to the courts. rican-Americans were elected to serve anyone to even opine the thought that I think the courts are still tussling in this Congress, and because, quite a person’s rights have been violated with the idea of how to deal with redis- frankly, in a bipartisan way many simply because there are 40 African- tricting. Let us go back to Shaw versus Democrats and many Republicans dur- Americans in the U.S. Congress, in a Reno. In Shaw versus Reno the Court ing first Reconstruction sought to con- body that consists of 535 people, is ab- went to great pains not to say that the spire to undermine the progress that solutely wrong. creation of a majority-minority dis- many African-Americans had made in Mr. JACKSON of Illinois. If the gen- trict is unconstitutional in and of it- first Reconstruction. That was the tleman would yield for a moment, self. Sandra Day O’Connor used, I Tilden-Hayes Compromise of 1877. there is also an assumption that Afri- think in the dictum of the opinion, it is By 1896 they had stacked the Court, a can-Americans are incapable of rep- an appearance of racial apartheid. conservative Court. They gave us resenting people beyond just African- But they never said the creation of Plessy versus Ferguson. And by 1901, Americans. My district, for example, is the district in North Carolina, the 12th even through we had 22 African-Ameri- about 65 percent African-American, Congressional District which is rep- cans in Congress, a gentleman stood about 30 percent white, 5 percent Jew- resented by our colleague, Mr. WATT, right here on this floor and said, ‘‘We ish, and others. So I am capable, as a was unconstitutional. They simply said will be back.’’ By 1901 there were zero Member of Congress, of representing a that if a district is drawn, if a district blacks in Congress. diverse district, as you are capable of looks so bizarre as to suggest that race It was not until the 1954 Brown ver- representing a diverse district. All the was the predominant factor in the cre- sus The Board of Education decision es- shape of these districts do is allow us ation of that district, it does not mean tablishing the principle of equal pro- an equal opportunity of competing. it is unconstitutional, it simply means tection under the law was decided by When Democrats in the State legisla- the State must show a compelling stat- the Supreme Court that the Voting tures or Republicans in the State legis- ed reason why they draw it. And, sec- Rights Act then took the impetus from latures get finished drawing lines in ond, that plan must be narrowly tai- the Supreme Court, along with the the State to accomplish their political lored. Civil Rights Act and a whole host of wills, African-Americans are never As soon as Shaw versus Reno was other legislation that sought to apply even considered, Latinos are never ruled on by the Supreme Court, plain- the principle of equal protection under even considered. The Voting Rights tiffs all across the southern part of the the law to every facet of American life. Act of 1965 mandates that these State country rushed to their courthouses Therein lies the foundation of the legislatures take into account race as a and filed lawsuits, and started saying Voting Rights Act of 1965: lines drawn factor, not the factor in drawing con- that if a district is majority black or in such a way as to create an equal op- gressional districts. majority Hispanic it is unconstitu- portunity for African-Americans, for We have some Members of this Con- tional. That is not the declaration of Latinos, and for others to serve not gress whose districts are drawn in such the Court. only in this body but in State legisla- a way to be economically gerry- Then the Court came back in John- tures around the country. mandered. That is, they only represent son versus Miller, when they ruled the Let me just at this point say that large industries and big businesses. district in Georgia was unconstitu- even with the enforcement of the Vot- You have others whose districts are tional. They did not say it was uncon- ing Rights Act, African-Americans and drawn representing primarily farm- stitutional because it was majority other minorities continued to be barred land. Well, our districts primarily are black, they said it was unconstitu- from a fair share of political power na- inner city and they must take into ac- tional because race was the predomi- tionwide. For example, there are now count the needs of the inner city, nant factor as they saw it, and the plan slightly over 7,500 African-American which more than likely are represented was not narrowly tailored. elected officials, but African-Ameri- by African-Americans. Now, one of the problems that we cans are about 12 to 13 percent of the Mr. FIELDS of Louisiana. If the gen- have, one of the legal problems that we population and there are nearly 500,000 tleman would yield, because the gen- have in this whole discussion is if offices. tleman is correct about diversity, and plaintiffs are allowed to file lawsuits in Thus, 12 percent of 500,000 is roughly continuing on the point about diver- courts because they are of the minor- 60,000 political offices that should be sity, because many of the individuals, ity, then that opens up the floodgates rightfully held by African-Americans. particularly the press, they declare dis- of litigation that every citizen in this Seven thousand five hundred is a mere tricts, the district that you represent State will have standing in the courts 1.5 percent of the offices that should be and the district that I represent and to file lawsuits, even tonight, if they held by African-Americans if elected the district that many African-Ameri- feel that their district was created on a fair basis, if they did not have to cans in the Congress represent, they based on race. Just the thought. go through annexations and gerry- declare them as, quote-unquote, black For example, in the State of Louisi- mandering and constant political districts, when in fact these are the ana, the three judges in Louisiana did April 16, 1996 CONGRESSIONAL RECORD — HOUSE H3479 not even discover an injury, but they cause it is majority-minority, now it is does in the other in order to pass the gave plaintiffs standing to file a suit, Zorro. It looks bad. deviation requirement. and a suit went all the way to the Su- The Louisiana legislature, and I give I was talking about Shaw versus preme Court. Later they found that great credit to the Louisiana legisla- Reno, Mr. Speaker. Shaw versus Reno those plaintiffs did not even have ture, these men and women, after the did not rule that districts were uncon- standing. The basic requirement to Court ruled on Zorro, went back to the stitutional if they were majority mi- even get into court. The threshold re- drawing board and redrew the lines. nority. Plaintiffs all across the country quirement. They wanted to comply. They went to decided to file lawsuits. Going back to Everybody is rushing to judgment on great pains, they wanted to comply the State of Louisiana, because I have these cases, and the Supreme Court has with the three judges in Shreveport, tried to deal with the question of how yet to really deal with this issue in a LA, and they drew the Second District, is a voter injured in my district, be- definitive way. which is just like former and previous cause I walk into this body and to You talked about diversity and Mem- districts in Louisiana. these halls and to this august building bers representing all their constitu- They did not want to deviate from re- every day and try to do my very best. ency. I am proud of the fact that I rep- districting principles in the State, so I go home every week and I try to rep- resent the most diverse district in the they drew from the old eighth Congres- resent my constituents to the best of State of Louisiana. I take great pride sional District because the Court said my ability. I try to have a staff that is in that. My district is almost a 50–50 this district is 66 percent minority, it zealous and caring and concerned. district. ought to be 55. they made it 55, and the I have held more town hall meetings When I view my constituents, I do Court still ruled that it was unconsti- than any other Member of Congress not view them as black constituents or tutional. from my State and perhaps in this white constituents or Hispanic con- Mr. JACKSON of Illinois. Would the whole Congress. So I have tried to go stituents or Jewish constituents. I gentleman yield? beyond the call of duty not to give any view them as constituents. When they Mr. FIELDS of Louisiana. Certainly. constituent rhyme or reason to say have a problem, they have a problem Mr. JACKSON of Illinois. For an- that I have not represented my con- and they need the assistance of their other question. The gentleman had a stituents to the best of my abilities. Congressman and his congressional of- distinguished career serving in the When the lawyers started to take fice. That burden that the press and Louisiana State legislature before be- depositions, the deposition of these other people try to put on Members, coming a Member of this august and plaintiffs who said, I have been injured not only African-Americans but His- esteemed body. I would like to ask the because I live in Congressman FIELDS panic—— gentleman if he could articulate some district or the district that he rep- Mr. JACKSON of Illinois. Would the of the considerations as a State legisla- resents, we took the deposition. Let me gentleman yield for a question? tor that you confronted when you came tell my colleagues about these injuries: Mr. FIELDS of Louisiana. I would be into the census and the reapportion- How do you feel about Congressman glad to yield. ment period in your State legislature. FIELDS? Well, he is a great guy. He Mr. JACKSON of Illinois. Why is it It clearly was not just racial consid- works hard. I like him personally. But that your district in Louisiana, why is erations. There clearly were other con- he is liberal. it you feel your district has been sin- siderations. Could the gentleman lay That is injury No. 1. Plaintiff No. 2, gled out above all other districts in out some of those? under oath, what is your injury? Well, that State? Mr. FIELDS of Louisiana. Abso- he is a Democrat and I am a Repub- Mr. FIELDS of Louisiana. I can state lutely. And for anyone to even think lican. So I am injured. several reasons why I feel that the dis- that a redistricting plan, and I do not The plaintiff No. 3, what is your in- trict has been singled out, one being care if it is congressional, I do not care jury? This is under oath, in the record, the fact that it is a majority-minority if it is legislative or even a city coun- I ran for Congress and I was defeated. district. In Shaw versus Reno the cil’s plan or a school board plan, to So I am injured. Court, when it ruled, it gave an invita- think that politics does not play a role, Not one person who filed a lawsuit tion to plaintiffs all across or people a significant role in the drawing of against the constitutionality or all across this country, that if you live these plans, is someone who is off base. against this district has been able to in a majority-minority district and you You certainly cannot take the poli- allege any real significant injury or do not like the appearance of it, then tics out of politics. When these plans any injury at all. you have the right to file a lawsuit and were drawn in Louisiana, they were Mr. Speaker, I started toying with you have a right to be heard. So I drawn based on incumbency protection, this whole notion of what is wrong think plaintiffs, as a result of Shaw first; second, they were drawn based on with the district, what is wrong with versus Reno, filed this lawsuit, and the fact that Louisiana moved from me as a Representative. I first dealt simply because it was a majority-mi- eight congressional districts to seven. with the district thing and I said, lis- nority district. So, of course, districts were going to ten, Louisiana has been creating dis- Now, these plaintiffs, you have a pic- increase in size and not decrease in tricts, extended over 200 miles since we ture of a map of the Louisiana district, size. That is just a logical thing for have had congressional districts. So and the gentleman had another map them to do. you cannot say because the district is earlier that showed the second phase of over 200 miles you are injured because b the Louisiana district. As you can see, 2130 four other districts in the State extend Louisiana is the only State in the Na- They were also drawn based on com- over 200 miles. So that is not an injury. tion that has changed its congressional monality of interest. What people in And you cannot allege that. Well, it is district twice within 2 years. First north Louisiana have in common with irregularly shaped. Well, Louisiana has they started with the Zorro plan, and a people in south Louisiana, we have al- always had irregularly shaped dis- lot of people considered that the Zorro ways had districts that connected tricts. For crying out loud, look at the plan because the minority district was urban and rural communities together. State of Louisiana, it is not a perfect shaped by a Z. If we do not do that, we will not be able square or a perfect box, it is a boot. So I put evidence in the record in the to live up to the deviation of zero devi- you tell me how in the world you are Louisiana State Senate only yesterday ation or one man-one vote requirement going to have seven perfect squares or to show that the Zorro plan was not by the Constitution of the United circles in the State of Louisiana when created in the 1990’s. The Zorro plan, in States of America. the State itself is shaped like a boot. fact, was created in the 1970’s, but it We are required by the Constitution I mean most States do not look like was not a majority-minority district. to have proportioned districts. Legisla- squares and boxes. They look like ani- It was a majority-minority district and tures have to apportion districts based mal cookies. So there is no injury it was not called Zorro then, it was on the number of people in each, and there. Then when we finally got this called a congressional district, and it each district must have as close to an case to the Supreme Court, I was as ex- was about 80 percent majority. But be- equal amount of people in one as it cited as anybody else because I, for H3480 CONGRESSIONAL RECORD — HOUSE April 16, 1996 one, want to put this issue of redis- For crying out loud, I really thought tiffs and a few greedy lawyers railroads tricting behind me once and for all. the plaintiffs thought they were in- a plan through the Louisiana Legisla- Now, right now in the Louisiana, the jured. I thought this was a constitu- ture and subject my State to over $4 Fourth Congressional District is in the tional question, that the counsel split million in legal fees for personal gain. Supreme Court and the plaintiffs insist with the plaintiffs Ray Hays and Gary This is not a decision of the legisla- to the Governor of their State that he Stokley all attorney fees awarded to ture. This is not a decision of a three put redistricting in the court, when counsel in this litigation and the redis- judge panel. This decision, Mr. Speak- there are very important issues in the tricting litigation in Texas. er, is a decision of the Supreme Court State of Louisiana that must be dealt Mr. Speaker, how in the world can a of the United States of America. with, issues like education, issues like plaintiff, a nonlawyer, who has alleged I want to thank the Speaker for al- deficit reduction, real issues that must to the court and to the United States lowing us to share in this special order. be dealt with for the survival and the of America that he is injured because I want to thank him for his time. future of our children in the State of he is in a majority minority district, Mr. Speaker, I include for the Louisiana. the most diverse district in his State, RECORD the following information: And I wondered, why would they put and he is injured because it was created EXHIBIT ‘‘C’’ redistricting on the calendar when re- based on race? Now say to his lawyer, AFFIDAVIT districting right now, the lawsuit is in I want half of the legal fees. (By Paul Loy Hurd) the Supreme Court, which will ulti- Why it is that the Louisiana legisla- BE IT KNOWN that on the 1st day of May, mately make the decision anyway. And ture would push so hard, some Mem- 1995, before the undersigned witnesses, and then I started to do my research, Mr. bers, one of the Members, Mr. Speaker, Notary Public duly authorized in the Parish Speaker. one of the authors of the bill to change of Ouachita, State of Louisiana, personally came and appeared PAUL LOY HURD, a per- I found out that it really was not the district and moot the old redis- son of full age of majority, domiciled in the about injury, that it was not about it tricting plan is one of the lawyers in Parish of Ouachita, State of Louisiana, Here- and is not about a plaintiff really being the lawsuit. Want to talk about ethics? inafter referred to as ‘‘Counsel’’, who after hurt. This whole issue is about money. Want to talk about injury and what is being duly sworn did depose and state that: It is about how plaintiffs receive dam- really going on in Louisiana? I suspect 1. Counsel was originally the lead counsel ages, how they receive money. that that is not only taking place in for the Plaintiffs in this matter from its ini- This is beginning to be a trend. It Louisiana but it is probably taking tial filing until December 1994, when this really bothers me that people would Honorable Court granted Counsel’s motion place in other parts of the country. to withdraw. have the audacity to file lawsuits not Let us go to section 3. These are the 2. Counsel withdrew from further represen- only in Louisiana but across this coun- lawyer’s words who withdrew from the tation of the Plaintiffs in this matter be- try for financial gain. The Hays versus Hays case. These unreasonable de- cause of the demands by Plaintiffs, Ray Hays Louisiana case, Hays being the main mands were initially made by the and Gary Stokley (i) that the fee application plaintiff who filed the lawsuit, pre- plaintiffs shortly after the court’s in this matter to be submitted under 42 vailed in the lower court, went to the order on December 28, 1993, setting U.S.C. 1988 include fictitious ‘‘paralegal’’ ac- Supreme Court, lost. Back to the three aside the original congressional dis- tivities allegedly performed by the Plain- tiffs, Ray Hays and Gary Stokley, and (ii) judge panel in Shreveport, now is be- trict in Louisiana. These demands are that Counsel split with the Plaintiffs, Ray fore the Supreme Court again. And I confirmed by letters from plaintiffs Hays and Gary Stokley, all attorney fees often wondered why Hays is still a Ray Hays and Gary Stokley and a writ- awarded to Counsel in this litigation and the plaintiff because Hays has been ruled ten refusal by counsel to agree to such districting litigation in Texas. by the Supreme Court that he does not demand. 3. These unreasonable demands were ini- even have standing. He just does not Plaintiffs who are pushing right now tially made by the Plaintiffs shortly follow- have justiciability. in the Louisiana legislature that this ing the Court’s order of December 28, 1993 Mr. Speaker, then I pulled the setting aside the original congressional dis- plan be adopted so that they can bene- tricts in Louisiana. These demands are con- records from the court. I found that fit from anywhere from $4.2 million in firmed by letters from Plaintiffs, Ray Hays Hays’ attorney, the plaintiff’s attor- legal fees. and Gary Stokley, and the written refusal by ney, decided to withdraw from the The last point of this affidavit I want Counsel to agree to any such demand. case. Mr. Speaker, why did he with- to point to, Mr. Speaker, is section 7. 4. The attorneys presently representing the draw from the case? It was because he The motion by the plaintiffs requesting Plaintiffs were fully appraised of the unrea- did not want to deal with this constitu- that the court delay the determination sonable demands being made by Plaintiffs, tional issue anymore. It was not be- owed in professional services. Under including both the demanded fee splitting and the submittal of unperformed ‘‘para- cause he did not want to see the case that they cite the law firm Kirkland & legal’’ activities. through to the final appeal. It was be- Ellis. Mr. Speaker, last time I checked, 5. This dispute culminated in the Plaintiffs cause these plaintiffs, according to this that law firm is the same law firm that offering to allow Counsel to argue the appeal affidavit that was filed in the Federal is associated with Kenneth Starr, the in the United States Supreme Court if he court, wanted money. independent counsel for the would agree to the financial demands of the I thought these plaintiffs had a prob- Whitewater investigation. Kenneth Plaintiffs. Counsel refused these demands lem with the constitutionality of the Starr’s law firm, according to this affi- again, and was removed as lead counsel in the fall of 1994. district and they were injured because davit that I will put in the RECORD, are 6. The Plaintiffs are fully aware that Coun- their rights were violated. I wanted to the lawyers of record for these plain- sel’s personal financial condition has been share with the Speaker and Members of tiffs in Louisiana. greatly taxed by the failure of the Plaintiffs the House this affidavit that is public Mr. Speaker, I will be quite honest to reimburse Counsel for out of pocket ex- record, has been filed in the Western with my colleagues and then I will penses as previously agreed, and by the con- District of Louisiana. This affidavit, I yield my time. I do not have a problem tinuing delay in the payment of the attorney will not go through the entire affida- with the Supreme Court of the United fees owed in this matter. With this full vit, but I would like to talk about two States of America deciding the con- knowledge, the Plaintiffs, Ray Hays and Gary Stokley, have asserted their intention sections of it, sections 2 and 3. stitutionality of the 4th Congressional to take all possible steps to deny to Counsel Section 2, the counsel said, these are District or any congressional district any compensation in this matter, and to his words, counsel withdrew from fur- in this country because as lawmakers delay as long as possible the receipt by Coun- ther representation of the plaintiffs in we make the law and, as the court, sel of any compensation to be received in this matter because of the demands they interpret the law. And we have to this matter. made by plaintiffs Ray Hays and Gary live with the laws we make and we 7. The Motion by the Plaintiffs (i) request- Stokley that the fee application in this have to live with their interpretation. ing that this Court further delay its deter- matter to be submitted under 42 USC Until we change the law, we have to mination of the fee owed for the professional services rendered by Counsel, and (ii) re- 1988 include fictitious paralegal fees, live with the interpretation of the Su- questing that Counsel not be allowed to de- fictitious activities allegedly per- preme Court because that is their role. fend his application before this Court, and formed by the plaintiffs Ray Hays and But I am not going to sit and/or stand (iii) requesting that all fees paid by the De- Gary Stokley and that counsel split. idly by and let just a few selfish plain- fendants be paid to Kirkland & Ellis to be April 16, 1996 CONGRESSIONAL RECORD — HOUSE H3481 dispersed at the sole direction of the Plain- ITEMS IN THE CONTRACT WITH in-chief who spoke of balancing the tiffs, is filed by the Plaintiffs to effectuate AMERICA budget in 5 years only to renege on the threats previously made against Counsel. that promise, from a campaigner-in- THUS DONE AND PASSED on this the 1st The SPEAKER pro tempore (Mr. COL- day of May, 1995 before the aforesaid wit- LINS of Georgia). chief who spoke of tax breaks for the nesses and Notary Public. Under a previous order of the House, middle class, only to renege on that LEGAL FEES QUESTIONED IN REMAP CASE the gentleman from Pennsylvania [Mr. promise, from a campaigner-in-chief (By Brad Cooper) FOX] is recognized for 5 minutes. who talked about ending welfare as we know it, only to renege on that prom- BATON ROUGE—Two Lincoln Parish resi- Mr. FOX of Pennsylvania. Mr. Speak- dents who challenged Louisiana’s congres- er, I want to take this time to speak ise, veto those measures in all three in- sional districts demanded their former attor- with my colleagues about the items in stances, now again comes another ney ask a judge to award fees for fictitious the Contract with America and other irony of saying one thing and doing an- legal work, court documents allege. items that have received legislative ap- other. The Beck decision, a mechanism That’s the allegation Monroe attorneys proval in this House for which I think my good friend from Pennsylvania, Paul Hurd levies against Ray Hays and Gary well versed in the law, is aware of, ef- Stokley of Ruston in an affidavit filed in fed- there can be bipartisan pride. Many eral court in Shreveport. items have come forward to this House fectively said to end that practice of Hurd represented Stokley, Hays and two and have received almost unanimous compulsory, nonvoluntary donations. others until December 1994 in the constitu- Republican support and overwhelming And yet this President and his Justice tional challenge to Louisiana’s congressional support from the Democratic side of Department refuse to enforce that deci- districts. sion. A three-judge federal panel threw out the the aisle as well. I think they are worth repeating tonight so that people So, Mr. Speaker, I do not blame the districts because they were rigged to ensure American people for their cynicism, election of a minority candidate. could put a perspective in this House Stokley and Hays denied Hurd’s charge, where we have gone and how far we but I believe a little background is in saying they are not trying to make a profit need to go. order. For the difference is if people from their lawsuit. Stokley called the Mr. Speaker, the first item I want to can freely give to candidates of their charges ‘‘upsetting’’ and destructive to his mention would be that we have passed choice, then so be it. But it should be reputation. a donation freely made. Not in the The state could be responsible for paying the congressional accountability law. That is a law introduced by Congress- realm of compulsory action. the legal fees in the case—possibly more Mr. KINGSTON. Let me ask the gen- than $4 million by some estimates—if the man CHRIS SHAYS to make sure that Legislature approves a new set of congres- the laws that we in fact have passed tleman about this Beck decision. Are sional boundaries that eliminates a second that affect everyone else, I am speak- you telling me that a paper mill work- district with a majority of black voters. ing of civil rights laws, the Fair Labor er in my district who is prolife, A bill that would do that is a step away Standards law, OSHA, prior Con- antigun control, and anti-NAFTA has from final approval. A Senate committee his money, his dues going to, say, signed off on a new set of congressional dis- gresses, bills were passed and Congress, congressional employees were in fact President Clinton’s reelection cam- tricts Monday and sent them to the full Sen- paign, and he does not have a say-so in ate to consider. exempt from the benefits of those laws. it, the union employee does not know The affidavit surfaced at the committee b meeting. 2200 his money is being used for those ‘‘It’s all about money,’’ said state Sen. Mr. KINGSTON. Before yielding to causes, even though they may be Dennis Bagneris, New Orleans. ‘‘According to the gentleman from Arizona [Mr. things that he does not stand for? the affidavit, there has been no motivation HAYWORTH], I want to make one final Mr. HAYWORTH. If the gentleman based on . . . who is fairly represented. It’s point. None of that money was raised will yield further, that is exactly what all about the bucks.’’ Hurd, who is seeking about $728,000 for his in your district. It all came out of I am saying. Or the experience I had on work, states in his affidavit that Hays and Washington, DC from special interest one occasion, flying here and some of Stokley wanted him to apply to the court for groups. the folks on the flight, some of the fees to cover ‘‘fictitious’’ paralegal expenses. Mr. HAYWORTH. I thank my friends flight attendants involved in their He also accuses Hays and Stokley of want- for yielding, and lest, Mr. Speaker, union made clear their displeasure ing a slice of the legal fees from the case as those viewing on television and in the with the incumbent President and well as part of the legal fees from his lawsuit gallery would misunderstand what we members of the liberal minority and agianst Texas’ congressional districts, which were thrown out by a lower court becuse are saying, we do not have any problem said that they called the local chapter they were racially gerrymandered. with good, honest debate in the Amer- of their union to put in their two cents Hurd, who declined comment on Monday, ican political system. We do not have worth and those members of the union withdrew as counsel after the four Lincoln any problem with honest differences of were amazed to hear that a portion of Parish plaintiffs enlisted the help of a high- opinion. But it is more than ironic, in- their dues were going, even really with- powered Washington, D.C., law firm. deed I daresay it is hypocritical of out their knowledge, to guardians of The plaintiffs said they hired the firm be- the old order, guardians of the special cause it was more experienced in dealing those on the left who would repeatedly with constitutional issues. Hays said Hurd’s use the lexicon of special interests and interests, folks who would put bureauc- accusations are retaliation for the plaintiffs’ big money and power and extremism racy above people and folks who would decision to bring another firm to argue the applying to members of the new major- trust Washington, DC more than the case before the Supreme Court. ity and yet as my colleague from Cali- American people. Those folks were ab- ‘‘His feelings are hurt and he got mad,’’ fornia has outlined, actually take solutely flabbergasted. That is exactly Hays said. ‘‘He is angry and popped all that money from outside States and con- what I am saying and to my friend stuff out.’’ Filing a false claim with the federal courts gressional districts, take Washington from Georgia, I will say something could possibly lead to perjury charges if it is money and pour it into a certain dis- else. It has been noted that Boss verified under oath. Or the applicant could trict. Sweeney of the AFL–CIO has asked for be forced to serve jail time for criminal con- There is one other further distinc- what sounds like the Clinton tax hike, tempt of court, court officials said. tion. Because, Mr. Speaker, the people an increase in those dues. Even as they The judge also could levy a fine if the ap- of the United States who have come to bemoan the so-called stagnation in plication is found to be fraudulent, court of- view this endeavor quite cynically earning power, these bosses are asking ficials said. Hays and Stokley were confounded by the might honestly ask, well, what is the for an increase in those dues, ergo a allegations. They said Hurd deserves to be difference? There is a major difference. compulsory donation to the guardians paid for the work he did. When union bosses take union dues and of the old order without one whit of ‘‘We didn’t ask as plaintiffs for any awards, without the permission of union mem- personal conviction from many mem- damages or anything like that. This has not bers take those compulsory dues and bers of unions. Indeed by some esti- been about money,’’ said Stokley, a soci- donate them directly to the Democrat mates almost half the members of ology professor at Louisiana Tech Univer- National Committee, and indeed even unions are conservatives who vote con- sity. ‘‘Money has never been an issue with me. If as we have derided the increase in sistently with the new majority. It is it was I wouldn’t have been a teacher,’’ taxes, even as we have pointed out the one of the ironies of life here in Wash- Stokley said. Arkansas shuffle from a campaigner- ington. H3482 CONGRESSIONAL RECORD — HOUSE April 16, 1996 Mrs. SEASTRAND. It is interesting Seven, started unraveling the twine Mr. HAYWORTH. I will ask the gen- the gentleman mentioned that. I had with a request for an investigation. We tleman from Georgia to yield so I can earlier commented about the ads play- finally after 8 months forced an inves- respond to my friend from North Caro- ing in my district, on the 800 number. tigation because the people of this lina. This has been going on for a year, but country demanded it and we started Mr. KINGSTON. Yes. it has been interesting because I field with the investigation into the House HAYWORTH. First of all, Mr. Speak- calls in my office, being a Californian, bank, which followed in the post office er, let me thank the gentleman from here in Washington, DC, we have a 3- and made the changes. North Carolina for his membership and hour edge so the folks back home, it is Even after all of that became known, his actions as part of the Gang of 7 o’clock, it is now 10 o’clock, so when we could not make the changes in Con- Seven, and I point out now there is a I am working in the office, people will gress that needed to be made until this gang of 73 and a new majority, and the call, I will answer the phone and it is 104th Congress and our majority with gentleman from North Carolina is interesting because they said, ‘‘I just our freshman class came on board. And quite right. For in the midst of this saw that ad on television, it’s an 800 now during the last 18 months for the talk of reform comes one legitimate number, I have to go through shenani- first time in the history of the country, question that the gentleman from gans to get to it.’’ I guess they are we have had an audit, an audit that has North Carolina touched on, Mr. Speak- hooked up to the union switchboard. disclosed discrepancies in the past in er. They take their name and address I the House. We have had numerous If this newfound embracing of reform guess for future fund-raising efforts. changes with the Contract With Amer- by the liberals in this House were so ‘‘But I want you to know I’m outraged ica that was offered. This House has genuine, where was it during their long to know my dollars are used in this passed most every aspect of that, cer- years of domination of this institution, way. I’m a union member, always have tainly with the majority in Congress, their complicity with the forces of big been and believe in some of these and has sent it on, most of it has been government and the forces that would things, but I also agree with you that sent to the President who has vetoed always use the same tired equation, we have to get big government under tax reform, tax relief for people in this the answer of tax-and-spend, tax-and- control.’’ country. They have vetoed welfare re- spend, tax-and-spend. Where was that It was interesting to note when I was form and other areas that the freshmen commitment? And make no mistake. If home these last 2 weeks, there was a of this group have put through. There we retreat, Mr. Speaker, one can imag- very well-organized protest outside my answer to the American people has ine a new liberal majority coming to district office in San Luis Obispo. But been not to join and do what the Amer- this institutions, having learned its it was interesting to note that the peo- ican people want, not to pass the re- lesson in what through misleading ple that came were the union organiz- forms the American people have de- claims and the politics of fear and the ers. They came from San Francisco, manded and that this freshman class complicity of many liberals in the there was one from Los Angeles, one and this Republican majority Congress journalistic endeavors might wish to from San Jose. And then the executive has given. It has been to try to go back take place here, they would turn on this institution and that notion of re- secretary of the local union who is the to the dirty politics side, try to run ads form in a heartbeat. Their notion of re- hired bureaucrat and another gen- with millions of dollars against fresh- form would be as the actions taken by tleman were all part of this. Everybody man Congressmen and try to win back ancient Rome against the else, the union members, the ones they control. Carthaginians. They would move meta- work for, are hard at work trying to What will they be winning back con- phorically to lace the soil with lime to make a living for their family. I agree. trol to do? To return back to the same ensure that the full honest flour of re- They say 40 percent of members are situation we had before, where house form would never take root again in good Republicans, pleased with what bank scandals and house post office this Chamber for the foreseeable fu- we are doing and it is firsthand knowl- scandals were common. I commend their class for the work ture, and to return to an iron grip with edge, that is what I am hearing. In fact rules completely out of proportion, a one went on television to tell the world you have done. Those of us that fought in the 102d Congress and later when the majority that would border on tyr- that she was very upset to see her dol- anny. In short, the same type of tyran- gentleman from Georgia [Mr. KINGS- lars being used in such a way for union nical majority we saw in this institu- TON] came in the 103d Congress and ads when she was pleased about what tion at the tail end of those 40 years of we are doing here in the House. fought, are being joined by you, and I think the people will make the same one-party domination. Mr. TAYLOR of North Carolina. Mr. Mrs. SEASTRAND. If the gentleman decision. In my first race, I won by Speaker, will the gentleman yield? would yield, if you watch, you talk Mr. KINGSTON. I yield to the gen- about 3,000 votes. They immediately about the reform, how there would be tleman from North Carolina. gerrymandered my district and put no reform, let me tell you, if you look Mr. TAYLOR of North Carolina. 30,000 votes against me by taking 15,000 at these ads, negative ads, there is no Allow me to compliment and put in from one party out and putting 15,000 hope. Everything is negative, negative, perspective what these freshman Mem- new in. And although the President, negative in the attack I am taking. bers of Congress, and we have two with President Clinton, carried by district, I Bad balanced budget, bad welfare re- us tonight, have done. And not only the won in a hard campaign by 55 percent. form, bad tax relief, bad this and that. freshmen but the gentleman from Last year all the liberal organizations There is no hope in these ads. And be- Georgia [Mr. KINGSTON], a Member of joined, the Democratic women’s orga- cause there is nothing, let us fact it, the 103d Congress. In the 102d Congress nization of Emily’s List that you are their ideas are bankrupt after 40 years. when I came in, we had a Congress that going to find and those contributions There is no hope in their ideas. And so had been controlled for almost 50 years do not have to be reported. They can be what do they do? All they have left is at that time by one party. We had a bundled and slip under the law in a to just condemn and to attack. And it situation where in the House bank, method that allows hundreds of thou- would be something if they could offer Members were writing checks freely. sands of dollars to go to campaigns un- alternatives to the situations at hand They were not paying the money back. reported. And we won 61 to 39 percent. today for the problems that need to be They were laundering money and sell- What I am saying is the people out solved across this Nation, but it is all ing drugs from the post office, which is there are living and listening to what the same. not a U.S. post office. We are not mak- is happening and the things you are ing these things up. There have been doing and I think they will, with b 2215 numerous convictions and investiga- knowledge of what is going on, return Their answer is usually more, bigger, tions to prove this to be true. That you to office in order that reform may more dollars here from Washington, party from this side that had con- continue in this body, that you are car- DC. trolled the House for so long could rying out and have been working on. I Mr. KINGSTON. Let us talk about have reformed it. They did not. Seven want to commend you for the work you some of these basically Republican so- of us, became known as the Gang of have done. lutions, but they are anti-Washington April 16, 1996 CONGRESSIONAL RECORD — HOUSE H3483 bureaucrat solutions, some of the But the gentleman from Georgia hoods in the ads that is hitting and at- things that I think that we have been brings up an interesting point. I do not tacking some of the freshmen, myself trying to work for: more choice in med- know anyone, despite the extreme included, today on television. icare, a balance in environmental pol- rhetoric of those outrageous claims Another interesting point was I know icy, more local control in education, made on television and radio, I do not in the ads, and we heard it all, we hear more State flexibility in poverty and know anyone in the new majority who it from the other side of the aisle, that welfare programs. would for a moment wish that his par- we are just taking care of our rich Thinking of the Medicare policy, ents would have inadequate health friends with tax relief. Well, you know, here we have in April last year, a Clin- care, desire for his grandparents inad- I have been through this litany. What ton trustee saying Medicare is going equate health care, purposely move to am I doing here for the rich? A $500 per bankrupt and in two years, it will be starve children and deprive them of the child tax credit that would benefit 29 out of money. Well, they missed that basics of life, nor doom America to million families; a capital gains tax by 11 months. In February for the first drinking dirty water and breathing im- credit that will create 6.1 million jobs; time in the history, Medicare ran out pure air. The claims are outrageous, relief from the marriage penalty that of money. So we went in there, said and my colleague from Georgia cor- would allow 23 million taxpayers to re- okay, people want traditional Medi- rectly points out the challenge is met. ceive $8 billion in tax relief; an adop- care, we understand that. But if our The challenge is presented by the tion credit that would have allowed seniors want options, like physician waste, fraud, and abuse in the current parents to claim a $5,000 annual tax service plans, and if they want to join vacuum in a Washington-based, one- credit for up to five years in order to a managed care plan or take an indi- size-fits-all system that is devoid of the help with their child adoption ex- vidual medical savings account, let us very compassion it claims to give to penses; or how about an elderly care give them those options, and by offer- people, for it denies the most essential deduction that would allow 1 million ing the options we can reduce the element of our freedom: The oppor- taxpayers a $1,000 deduction for the growth from 11 percent each year in tunity to choose. When my parents care of a parent or family member? Medicare to 4 percent and head away turn 65 next year, when that happens, Mr. Speaker, now maybe for some of from the insolvency and the bank- there will be no federally provided those union bosses that live high on ruptcy. We can save, protect and pre- shopper to accompany them out of the hog here in Washington, DC, that serve Medicare and increase spending their homes and to decree what depart- do not understand what the working per recipient from $4,800 to $7,100 at the ment store they will visit, what cloth- families back in each of our districts same time. ing they will buy, what car they will have to face, this is what I voted for Mr. Speaker, a key component of drive. And yet in the current health and what we proposed is for working that, as you two know, is cracking care system, in the one-size-fits-all families across this nation, and I do down on fraud and abuse. I have with anachronistic plan of the 1960’s, which not know about any rich people. me a Derma-Gran bandage, which a we hope to update, improve, transform Mr. KINGSTON. The gentlewoman friend of mine in business has sent to and, yes, even save, a vacuum exists. A had mentioned also about some of the me. He said this bandage actually cost massive bureaucracy exists that in- putting common sense into some of the 94 cents to produce. It is sold to health vites the very waste, fraud and abuse environmental laws. One of the things care providers for $6. And Medicare, on that the gentleman spoke of. that happened in California that we this 94-cent $6 purchase, gets $36.44 Mrs. SEASTRAND. If the gentleman know of, Riverdale, California, the en- with it. would yield. dangered kangaroo rat. Now, you Now, your mother is paying for that Mr. HAYWORTH. I yield to the gen- know, my view is I do not want to lose and your father is paying for that, and tlewoman. a species. I am committed to the En- it is going at the price of their health Mrs. SEASTRAND. It is interesting dangered Species Act. Riverdale, CA care, a diagnosis or something down that the gentleman mentions the had kangaroo rat, and the EPA would the road. My friend’s math on it, he waste, fraud, and abuse, but I think one not let them cut fire breaks in the resi- just pointed out to me, that does not of the things, particularly in the ads dential area because it would endanger sound like that much of a problem, from the big labor unions, the state- the habitat of the kangaroo rat. So does it? But the fact is potentially, lis- ments they make is we are cutting what happened? A fire came and it de- ten to this. Potentially 20,000 nursing Medicare. My mom is on Medicare, and stroyed 30 homes. home patients each day use this. That she was concerned about this, that her But in addition to that, it also de- would mean this is costing American daughter was going to be doing some- stroyed 25,000 acres of kangaroo rat taxpayers at that $36 rate $21 million thing that she was in need of. And I habitat. So we have got lose-lose policy per month or, $262 million in nothing just want to tell people that that is the for both the private property owner but waste and almost fraud but cer- worst thing to say, to scare our senior and the kangaroo rat. We see this kind tainly abuse in Medicare. And this is citizens. And I know some of them ac- of impracticality over and over again. what we were trying to resolve, and tually, people went into with their In fact, I think it was in Arizona, may this is what the President vetoed, propaganda into nursing homes to have been New Mexico, where the Boy cracking down on these. scare our older and elderly that are in Scout was lost last year in a wilderness Again, we are just giving seniors nursing homes and convalescent homes area. choices and protections that we need across the Nation. They discovered him I think 48 hours for the program. I just want to set the record straight. later, and the Park Service would not Mr. HAYWORTH. If the gentleman We actually increased Medicare spend- let a helicopter land there because it would yield, I think it is important ing from $4,800 per beneficiary starting was a motorized vehicle. And under the again to articulate something, because now to $7,100 in 7 years. Now, I am just Wilderness Act, you cannot have any it is lost in the politics of hyperbole, in an old fourth-grade school teacher that sort of motorized vehicle in the park the grand political theater of the prop- did a lot of old math without calcula- area. So here is this kid 14 years old, 12 aganda on the Nation’s radio and tele- tors. But if we subtract that, we get a years old, I am not sure of the age, and vision stations right now. And inciden- difference, and that difference has a big he is hungry, he is starving, he has tally, I would challenge my former col- plus sign in front of it. Very, very hard been sleeping on rocks, and the heli- leagues in television to do their reality to get that point across, especially to copter comes and it won’t rescue him. checks that they often reserve for the some of the reporters today. I guess You know, it is just out of balance. political campaigns. I would challenge they were brought up on new math. The other thing is, the decision to my former colleagues in television But we are increasing Medicare dig fire breaks in Riverdale, California, news around the country to apply the spending over the next 7 years by $2,300 or to rescue a 14-year-old in a western truth ads to these cynical, manipula- per beneficiary, and that is with more State does not need to be made out of tive, untrue announcements and main- and more seniors coming into the sys- Washington by a Washington bureau- tain the vigilance now that they re- tem. So you can tell we are spending a crat. I think that the Park Service peo- serve for the election campaign. lot more. And that is one of the false- ple and the local county commissioners H3484 CONGRESSIONAL RECORD — HOUSE April 16, 1996 and the residents can probably figure it taken in the early 1970’s in the Nixon able to have almost the unbelievable out, keep it in Federal guidelines. They administration to create an Environ- advocacy of saying that mud puddle can solve their own problem without mental Protection Agency. The ques- should be equated with a navigable Washington bureaucrats. tion now becomes, however, with 50 water and should be a wetland that is Mrs. SEASTRAND. Well, if the gen- States with their own departments of protected. And that is the next course tleman would yield, I think a lot of the environmental qualities, in other of action that has been taken on many bureaucrats that work here in Wash- words, 50 State-run EPA’s, in effect, a different fronts. What should always ington, DC have never been to our dis- legitimate question can be asked, undergird our mission in this Congress tricts. Unless they read National Geo- should everything be centered in Wash- is a standard test of the law of Western graphic, they have never come to the ington? Indeed, the gentlewoman from civilization. What is reasonable? What middle kingdom of California to see California referred to one of the main would a reasonable person do? the Monterey Bay Sanctuary or the problems, and let me pause here so no Mr. KINGSTON. Our friend Frank Channel Island Sanctuary. So what do one will misunderstand. I do not dis- Luntz uses this illustration. Do you they do? They do regulations that one credit the millions of hard-working know that the State of Indiana does size fits all, and it does not fit our par- people who are in the employ of the not participate in daylight savings ticular needs at the local level. Federal Government. I realize many of time? They do not spring forward and Mr. Speaker, every one of us wants them work hard to do the jobs they are fall backward. clean water, a better environment. given. But sometimes those jobs are ill Mr. HAYWORTH. If you would yield After all, we are going to leave this defined, or worse, the dynamics or the for a second, let me also say the great place and I hope to leave it in a better situation into which these employees State of Arizona does not subscribe to way for my children and my grand- are thrust leads to impracticalities, savings time either. children than I found it. But it is inter- such as the notion of being deskbound Mr. KINGSTON. Did you know that esting, another area that when we are instead of in the field looking at prob- Indiana did not? I did not know that of dealing with the environment is to lems. Arizona. Did you know that? look at the Superfund. And the folks On an occasion which we were dis- Mrs. SEASTRAND. Yes, I did. back home say, hey, my tax dollars are cussing Indian housing, and there are Mr. KINGSTON. You two are excep- going and where are the Superfund more native Americans living on res- tionally brilliant. Four hundred thirty- sites being cleaned up? And what do we ervations in the Sixth District of Ari- five Members, I can almost promise find out? We are spending it on bureau- zona than anywhere else in the con- you that 90 percent of us do not know crats in Washington, DC, who are at- tinental United States, one of my con- that. But don’t you think that is rel- torneys and using those dollars to liti- stituents offered the story. There was a evant to the people in Arizona and In- gate, litigate, litigate. In the mean- body of water on the reservation land diana, that they do not spring forward time, the sites remain dirty. And we in that district that the people had and fall backward on their time? And want to cut through that so we can come to call Twelve Mile Lake. don’t you think that would be relevant take those precious tax dollars, put for a business doing commerce in ei- b 2230 them into the sites, clean them up and ther of those two States, or a visitor or get on with the business of the day at Well, there was some contentious de- a government? hand. bate with an EPA administrator, I be- And isn’t it ironic that I can vote, as Mr. HAYWORTH. If the gentlewoman lieve from San Francisco so the story can any other Member of Congress on would yield, indeed the current goes, according to my constituent. And things affecting the people of Arizona Superfund legislation, in stark con- during many telephone conversations, and Indiana, and not even know such a trast to the genuine reforms the new the EPA official in San Francisco be- fundamental thing about their culture? majority would propagate, which we hind a desk was adamant, certainly And yet we do it routinely, just like advocate, the current Superfund legis- there must be significant wetlands pro- you talked about with the Twelve Mile lation could well be renamed the spe- tection for that body of water known Lake. cial interest and lawyer subsidy act as Twelve Mile Lake. The tribal admin- The bureaucrat in Washington can with an incidental tip of the cap to the istration, my friend who recounted the set the rule, having no idea that the environment to camouflage its true story, said, sir, you don’t understand, lake is not 12 miles wide, simply that, purpose. I mean that is a long title, but it is not a significant body of water, it and not knowing that it is just simply that is in essence what has transpired is a tiny body of water. It is akin to a 12 miles from town. But they are ex- here. Come to think of it, may not be mud puddle. Oh, certainly you exagger- perts on everything, and they are from entirely grammatically correct. I ate, said the EPA official. There must the government and they are here to would bow to my friend who taught the be these safeguards. help and they are going to tell you how fourth grade so capably for many years Well, miracle of miracles, the U.S. of- to run your town and your State. in that regard. ficial, the San Francisco bureaucrat, Mrs. SEASTRAND. It was interest- But regardless of the fractured syn- left that beautiful city by the bay and ing, I have just been appointed to the tax, it does not take away from the va- traveled to the reservation land, and Speaker’s Environmental Task Force. I lidity of the observation of the gen- the tribal officials took him to what in am serving on the steering committee. tleman from Georgia. essence was a mud puddle. My con- And during the recess, I naturally or- Mr. Speaker, I can recall on another stituent said, evoking images of Madi- ganized a task force for my two coun- occasion just prior to our recent recess son Avenue, it made for a Kodak mo- tries of my district and invited, as a when we returned home to the dis- ment to see the expression of stupefac- jumping off period, a first meeting, tricts, where I came to this floor along tion that crossed the bureaucrat’s face. some 28 people from different agencies with the gentleman from Georgia, a He said something to the effect of, and local groups that are active within gentleman from Maryland, a gen- you’re right, it is a mud puddle. Why the environment. And when you start tleman from Michigan. No, we do not do you call it Twelve Mile Lake? And thinking about this, this is vast. We agree on every jot and tittle of what the tribal official said, well, you see, can have a lot of great discussions, and should transpire with meaningful re- sir, that’s what we’ve been trying to I am looking forward to our monthly form to conservation and environ- tell you. The reason this particular meetings. mental legislation, and yet there were small body of water is called Twelve But it was interesting at that first some common themes. One just Mile Lake is not because of its dimen- meeting, an attorney who makes his rearticulated by the gentleman from sions but because, you see, it is 12 living on litigation said, I hate to say Georgia dealing with the notion of miles from the center of town to this this because I make my living this local control and State control now particular body of water. way, but I deal every day trying to being perhaps the most capable way to And I think the story speaks vol- make sense of the regulations from address many of these problems. umes, and I daresay a disturbing tend- Washington, DC. And because some of Indeed, I do not believe anyone would ency would be the overzealousness to these laws were written some 20, 25 argue of the necessity of the action abandon the context of what is reason- years ago, technology is advanced, April 16, 1996 CONGRESSIONAL RECORD — HOUSE H3485 science knows so much more, and we from a couple of years ago, bears out That is one reason why you want need to look at science, we need to what I talked about in an abbreviated State block grants. Cut out the pov- look at the technology today and re- fashion this morning in responding to erty brokers and put the control in the form and change some of these laws. my good friend from Georgia on this hands of the local people. Not throw them out, but let us change floor, and what we have talked about Mrs. SEASTRAND. If the gentleman what can fit 1996 for a better way, a tonight, and indeed what is one of the would yield. I had a firsthand experi- better environment. basic tenets of this new practical, real- ence in what you are saying. I served in It was interesting, one of the Federal istic, common sense majority, and that the State assembly in California. And agencies’ representatives said, you is one size does not fit all. so often the folks back here in Wash- know, in my job I have a standard, and Phoenix is not the same as Philadel- ington, DC, in this House, would vote a I have the State official from the agen- phia, nor is Flagstaff the same as particular bill, legislation, change the cy following me right behind, and we Fargo, ND. And, indeed, something law, and then it would come down to us are doing the same work. In other that transpired 2 years ago in the and they would hold the hammer over words, repetition. The taxpayer is not desert City of Tucson, Arizona, offers a our head. If you do not follow these getting good use of people sharing re- stirring example. rules the way we want you to do it, we sources. There was a violent windstorm in the are going to hold back on transpor- Another gentleman said from one of desert. Those wind storms blow up tation funds or welfare funds or what- the other Federal agencies, you know, great dust devils, great amounts of ever. I would do anything to be able to have dust in the air. Visibility is poor. There And we knew that we could do it a a local advisory group to give me input was a car crash on Interstate 10, one of better way; that we here in California as to what they feel about situations those long 20-car tangos, if you will. perhaps did not match what you needed that affect what I am doing here. So it But also, even as that was transpiring to do for your folks in Savannah, GA, was interesting, in that short 1-hour on the interstate, moving through Tuc- or the people in Arizona. And that was beginning meeting of a task force, I son, Arizona, technical data collection, day in, day out that we were con- was able to learn and get from other equipment provided by the Federal stantly told if we did not adhere to the people that have to deal in this area Government to monitor the Clean Air new mandates from the Federal Gov- every day, their feelings of what we Act, showed that at the same time ernment they would hold back some- have talked about in this new Congress Tucson was technically in violation of thing from us. with this new attitude. the provisions of the Clean Air Act. So many times I would vote no to We want to give incentives to people, Now, the particulates in the air on just protest, and then most of the not penalize them so if they find an en- that day did not come from the cars in- folks, though, would vote yes and we dangered species on their property, volved in the accident on the inter- would receive another mandate from they are worried about it and they do state, it came from the particulates in the Federal Government that many not want to tell anybody. I want them the air. When you live in a desert and times did not make sense to us at the to be able to tell a government official a windstorm blows up, there will be State level. about it, so that they can get an incen- more particulates in the air; ergo, Tuc- Mr. HAYWORTH. And if the gentle- tive and figure out how they are going son is not the same a Tacoma. Dif- woman would yield, it is worth noting to continue having the endangered spe- ferent places, different areas of this that one of the genuine reforms and cies on their property and still have Nation, different climatic conditions one of the few times in which the gen- property rights to see that they can offer different challenges. tleman at the other end of Pennsylva- utilize that land. And, yes, while there are some tech- nia Avenue in the big white house was So it is interesting. We have a long nologies that are common, certainly willing to work with us was on this no- way to go. It will be an exciting time the circumstances of those respective tion of unfunded mandates, where to be part of the environmental task areas should be taken into account, not Washington bureaucrats decreed to force so that we can come together and for Washington standards but for local local government officials you will do discuss the policy for the 21st century. standards that are realistic, reasonable it this way. Mr. KINGSTON. Now, one of the and move to protect the environment. The frustration of that system has things I hear, and you mentioned ear- Mr. KINGSTON. And with the Fed- led the mayor of Winslow, AZ, to coin lier on the Superfund, is that eral presence, guidance, and oversight, a new phrase. He calls it the idiocracy. Superfund is 15 years old. We have but not necessarily Washington bu- The idiocracy which would mandate an spent $25 billion on it and yet we have reaucratic micromanagement. action being taken without taking into only cleaned up 12 percent of the na- Now, I think probably the biggest account the realistic, common sense, tional priority polluted sites. failure of the Washington bureaucracy reasonable notions of the good people Mr. HAYWORTH. Would you yield to manage a problem is local poverty who live right there in the area and just a second? I want you to repeat the control. You know, the folks on welfare also want to redress the problem but amount of money spent on this over 12 in Savannah, GA, have to do what the on their own terms, reflecting their years, over 15 years. bureaucrats tell them to do in Wash- own priorities, with no less of a com- Mr. KINGSTON. Over 15 years we ington, and it is the same bureaucrats mitment to solving that problem. That have spent $25 billion on environmental telling your folks in California what to is what we must remember. cleanup and only cleaned up 12 percent do, and the people in California in Mrs. Mrs. SEASTRAND. If the gentleman of the sites. SEASTRAND’s district have to do what would yield. I know our time is coming Mrs. SEASTRAND. And may I add, if the folks in Arizona in your district do, to a close, but I would just say that all the gentleman would yield, I want to and you have one Washington bureauc- of Americans across this Nation I add this statistic. The Justice Depart- racy command controlling poverty. As think have to be reminded that so ment spent over 800,000 man-hours just a result, since 1964 we have spent $5 many of them voted for a change in on Superfund litigation between 1990 trillion on poverty. The poverty rate 1994 and that change has begun, but it and 1992. That is a lot of hours. then was 14 percent, and the poverty is not going to be completed in such a Mr. KINGSTON. I understand that rate now is 14 percent. It has not short time. We have to chip away at so translates to about 43 cents on the dol- worked. We need local control and much that has been built after 40 years lar going to the cost of litigation. Now, flexibility. and we have to keep driving for that it does not matter where you are on You know what? I cannot solve Mrs. change. the environmental debate, we all SEASTRAND’s poverty problem, and I You know, I am pleased, being from should come together and say this is cannot solve Mr. HAYWORTH’s, and California, that we have seen, in pass- broken and we need to fix it. maybe I cannot solve mine. But you ing legislation off this floor regarding Mr. HAYWORTH. And if the gen- know what? I can do a heck of a lot immigration reform, we talked about tleman would yield, numerous exam- better job on mine than I can on yours. lowering taxes, and we talked about ples from the great Grand Canyon Just give me the tools and I think I earlier the line item veto and returning State of Arizona, one in particular can do it. government decisions to state and H3486 CONGRESSIONAL RECORD — HOUSE April 16, 1996 local levels and to continue our push tend their remarks and include extra- Mr. DEUTSCH. for a balanced budget. But we have to neous material:) f continue to do that. And I just would Mr. GOSS, for 5 minutes, today. BILLS PRESENTED TO THE say that what we have seen happen Mr. FOLEY, for 5 minutes, today. PRESIDENT here, there are forces that do not like Mr. FRANKS of Connecticut, for 5 what we have accomplished. minutes, today. Mr. THOMAS, from the Committee on House Oversight, reported that that b 2245 Mr. MANZULLO, for 5 minutes, today. Mr. MICA, for 5 minutes, today. committee did on the following dates They are going to try their very best Mr. DORNAN, for 5 minutes, today. present to the President, for his ap- to more or less take some of us out in Mr. DIAZ-BALART, for 5 minutes, on proval, bills and joint resolutions of this next election so that they can April 17. the House of the following title: take back that old status quo of big bu- (The following Member (at his own On March 20, 1996: reaucratic Washington-controlled gov- request) to revise and extend his re- H.J. Res. 78. Joint resolution to grant the ernment. I just am going to fight it, as marks and include extraneous mate- consent of the Congress to certain additional I know you gentlemen will, too. rial:) powers conferred upon the Bi-State Develop- ment Agency by the States of Missouri and Mr. HAYWORTH. I would close with Mr. WISE, for 5 minutes, today. an observation by one of my constitu- Illinois. (The following Member (at his own On March 28, 1996: ents in the Navajo Nation, having request) to revise and extend his re- spent Sunday in Window Rock, Ari- H.J. Res. 168. Joint resolution waiving cer- marks and include extraneous mate- tain enrollment requirements with respect zona. A lady told the story of a young rial:) to two bills of the 104th Congress. homemaker in a Navajo household cut- Mr. WATT of North Carolina, for 5 H.R. 2969. An act to eliminate the Board of ting off a substantial portion of a hand. minutes, today. Tea Experts by repealing the Tea Importa- Kids asked her why. She said, I do not (Mr. FOX of Pennsylvania (at his own tion Act of 1897. know; mom did it. So she went to On March 29, 1996: request), for 5 minutes, today.) H.R. 3136. An act to provide for enactment great-grandma and she said, why did f you cut off a major part of your hand. of the Senior Citizen’s Right to Work Act of EXTENSION OF REMARKS 1996, the Line-Item Veto Act, and the Small She said, well, it used to be a smaller Business Growth and Fairness Act of 1996, pot and so I had to cut that off to make By unanimous consent, permission to and to provide for a permanent increase in it fit in the pot, an example of a tradi- revise and extend remarks was granted the public debt limit. tion for tradition’s sake that defied to: H.J. Res. 170. Joint resolution making fur- common sense and needed to be (The following Members (at the re- ther continuing appropriations for the fiscal year 1996, and for other purposes. changed, in much the same way we quest of Ms. JACKSON-LEE of Texas) and On April 3, 1996: need to make changes here. Not be- to include extraneous matter:) cause Washington said so, but because H.R. 2854. An act to modify the operation Ms. NORTON. of certain agricultural programs. technology and the people living in Ms. PELOSI. On April 5, 1996: those areas are willing to make the Mr. RICHARDSON, in two instances. H.R. 1833. An act to amend title 18, United changes of their own volition. History Mr. LEVIN. States Code, to ban partial-birth abortions. does not occur in a vacuum and history Mr. STARK. H.R. 1561. An act to consolidate the foreign is on the side of freedom. Mr. VISCLOSKY. affairs agencies of the United States; to au- thorize appropriations for the Department of Mr. KINGSTON. Mr. Speaker, let me Mr. MILLER of California. State and related agencies for fiscal years conclude with this. Last week a teach- Mr. ACKERMAN. er in Darien, Georgia told me that in 1996 and 1997; to responsibly reduce the au- Mr. VENTO. thorizations of appropriations for U.S. for- an 8-hour day she spends two to three Mr. STOKES. eign assistance programs for fiscal years 1996 hours filling our paperwork, about 50 (The following Members (at the re- and 1997, and for other purposes. percent of it is for the Federal Govern- quest of Mr. BLUTE) and to include ex- f ment. That is 10 to 15 hours a week traneous matter:) that is not spent teaching Johnny how Mr. WATTS of Oklahoma, in two in- ADJOURNMENT to read, write, and do arithmetic. She stances. Mr. KINGSTON. Mr. Speaker, I move can teach her children better than the Mr. CAMP. that the House do now adjourn. bureaucrats who are making her fill Mr. BURTON of Indiana. The motion was agreed to; accord- out the paperwork in Washington. Mr. BILIRAKIS. ingly (at 10 o’clock and 47 minutes What we are asking with that and all Mr. EWING. p.m.) the House adjourned until tomor- these other examples, let the local peo- Mr. TORKILDSEN, in two instances. row, Wednesday, April 17, 1996, at 11 ple do what they know how to do best Mr. KING. a.m. and let the Washington bureaucrats (The following Members (at the re- f stop the micromanagement, return quest of Mr. GRAHAM) and to include EXECUTIVE COMMUNICATIONS, freedom to the people and increase per- extraneous matter:) ETC. sonal responsibility along the way. Mr. MARTINI. I thank Mrs. SEASTRAND of California Mrs. ROUKEMA. Under clause 2 of rule XXIV, execu- and Mr. HAYWORTH of Arizona for being Mr. VENTO. tive communications were taken from with me tonight. Mr. LATOURETTE. the Speaker’s table and referred as fol- f Mr. BURTON of Indiana. lows: SPECIAL ORDERS GRANTED Mr. KING in two instances. 2378. A letter from the Assistant Secretary Mr. SOLOMON. of Defense, transmitting the Department’s By unanimous consent, permission to Mr. TIAHRT. report on automated information systems of address the House, following the legis- DOD, pursuant to Public Law 104–106, section Mr. KANJORSKI. lative program and any special orders 366(c)(1) (110 Stat. 276); to the Committee on Mr. LANTOS. heretofore entered, was granted to: National Security. (The following Members (at the re- Mr. SHUSTER. 2379. A letter from the Deputy Secretary of Mr. MASCARA. quest of Ms. JACKSON-LEE of Texas) to Defense, transmitting three reports pursuant revise and extend their remarks and in- Mrs. MEEK of Florida. to the National Defense Authorization Act Mr. ORTON. for fiscal year 1996, the report are as follows: clude extraneous material:) ‘‘Improving the Combat Edge Through Ms. JACKSON-LEE of Texas, for 5 min- Mr. POSHARD. Mr. STOKES. Outsourcing,’’ in response to section 357; utes, today. ‘‘Policy Regarding Performance of Depot- Mr. WARD. Mr. UNDERWOOD, for 5 minutes, today. Level Maintenance and Repair,’’ in response Mr. PALLONE, for 5 minutes, today. Mr. OBEY. to section 311(c); and ‘‘Depot-Level Mainte- Mr. GEPHARDT, for 5 minutes, today. Ms. ROS-LEHTINEN. nance and Repair Workload,’’ in response to (The following Members (at the re- Mr. SMITH of Michigan. section 311(i); to the Committee on National quest of Mr. BLUTE) to revise and ex- Mr. HASTERT. Security. April 16, 1996 CONGRESSIONAL RECORD — HOUSE H3487 2380. A letter from the Secretary of De- 2392. A letter from the Chairman, Council report on the evaluation of health status of fense, transmitting the Department’s report of the District of Columbia, transmitting a spouses and children of Persian Gulf war vet- to the Congress entitled ‘‘Nonlethal Weap- copy of D.C. Act 11–216, ‘‘Early Intervention erans, pursuant to 38 U.S.C. 1117 note; to the ons,’’ pursuant to Public Law 104–106, section Services Sliding Fee Scale Establishment Committee on Veterans’ Affairs. 219(c) (110 Stat. 223); to the Committee on Temporary Act of 1996,’’ pursuant to D.C. 2405. A letter from the Chief of Staff, So- National Security. Code, section 1–233(c)(1); to the Committee cial Security Administration, transmitting 2381. A letter from the President and on Government Reform and Oversight. the Administration’s final rules on state- Chairman, Export-Import Bank of the United 2393. A letter from the Chairman, Council ment of earnings and benefit estimates (RIN States, transmitting a report involving Unit- of the District of Columbia, transmitting a 0960–AD74), pursuant to 5 U.S.C. 801a); to the ed States exports to Indonesia, pursuant to copy of D.C. Act 11–240, ‘‘Health Services Committee on Ways and Means. 12 U.S.C. 635(b)(3)(i); to the Committee on Planning and Certificate of Need Program 2406. A letter from the Secretary of Health Banking and Financial Services. Temporary Amendment Act of 1996,’’ pursu- and Human Services, transmitting notifica- 2382. A letter from the Chairman, Federal ant to D.C. Code, section 1–233(c)(1); to the tion that the Department is allotting to Deposit Insurance Corporation, transmitting Committee on Government Reform and States, the District of Columbia, Indian the 1994 report required by section 918 of the Oversight. tribes, and territories emergency funds made Financial Institutions Reform, Recovery, 2394. A letter from the Chairman, Council available under section 2602(e), of the Low— and Enforcement Act of 1989, pursuant to 12 of the District of Columbia, transmitting a Income Home Energy Assistance Act of 1981, U.S.C. 1833; to the Committee on Banking copy of D.C. Act 11–242, ‘‘Business Improve- pursuant to 42 U.S.C. 8623(g); jointly, to the and Financial Services. ment Districts Act of 1996,’’ pursuant to D.C. Committees on Commerce and Economic and 2383. A letter from the Chairman, Federal Code, section 1–233(c)(1); to the Committee Educational Opportunities. Deposit Insurance Corporation, transmittng on Government Reform and Oversight. 2407. A letter from the Assistant Secretary the 1995 report required by section 918 of the 2395. A letter from the Chairman, Council for Legislative Affairs, Department of State, Financial Institutions Reform, Recovery, of the District of Columbia, transmitting a transmitting a copy of Presidential Deter- and Enforcement Act of 1989, pursuant to 12 copy of D.C. Act 11–243, ‘‘Public Charter U.S.C. 1833; to the Committee on Banking Schools Act of 1996,’’ pursuant to D.C. Code, mination No. 96–19: Determination Pursuant and Financial Services. section 1–233(c)(1); to the Committee on Gov- to Section 523 of the Foreign Operations, Ex- 2384. A letter from the Chairman, Board of ernment Reform and Oversight. port Financing, and Related Programs Ap- Governors, Federal Reserve System, trans- 2396. A letter from the U.S. Commissioner, propriations Act, 1996 (Public Law 104–107), mitting the Board’s report on finance Delaware River Basin Commission, transmit- pursuant to Public Law 104–107, section 523 charges under the Truth in Lending Act, pur- ting the Commission’s report in compliance (110 Stat. 729); jointly, to the Committees on suant to section 2(f) of the Truth in Lending with the Inspector General Act of 1978, pur- International Relations and Appropriations. Act Amendments of 1995; to the Committee suant to 5 U.S.C. app. (Insp. Gen. Act) sec- 2408. A letter from the President, U.S. In- on Banking and Financial Services. tion 5(b); to the Committee on Government stitute of Peace, transmitting a report of the 2385. A letter from the Director, Office of Reform and Oversight. audit of the Institute’s accounts for fiscal Management and Budget, transmitting 2397. A letter from the Chairman, Farm year 1995, pursuant to 22 U.S.C. 4607(h); joint- OMB’s estimate of the amount of change in Credit Administration, transmitting a copy ly, to the Committees on International Rela- outlays or receipts, as the case may be, in of the annual report in compliance with the tions and Economic and Educational Oppor- each fiscal year through fiscal year 2002 re- Government in the Sunshine Act during the tunities. sulting from passage of H.R. 2969, pursuant calendar year 1995, pursuant to 5 U.S.C. f to Public Law 101–508, section 13101(a) (104 552b(j); to the Committee on Government Re- Stat. 1388–582); to the Committee on the form and Oversight. REPORTS OF COMMITTEES ON Budget. 2398. A letter from the Chairman, Farm PUBLIC BILLS AND RESOLUTIONS 2386. A letter from the Director, Office of Credit Administration, transmitting a report Management and Budget, transmitting of activities under the Freedom of Informa- Under clause 2 of rule XIII, reports of OMB’s estimate of the amount of change in tion Act for the calendar year 1995, pursuant committees were delivered to the Clerk outlays or receipts, as the case may be, in to 5 U.S.C. 552(e); to the Committee on Gov- for printing and reference to the proper each fiscal year through fiscal year 2002 re- ernment Reform and Oversight. calendar, as follows: sulting from passage of H.R. 2854, pursuant 2399. A letter from the Acting Adminis- Mr. GILMAN: Committee on International to Public Law 101–508, section 13101(a) (104 trator, General Services Administration, Relations. H.R. 3121. A bill to amend the For- Stat. 1388–582); to the Committee on the transmitting a report of activities under the eign Assistance Act of 1961 and the Arms Ex- Budget. Freedom of Information Act for the calendar port Control Act to make improvements to 2387. A letter from the Director, Office of year 1995, pursuant to 5 U.S.C. 552(e); to the certain defense and security assistance pro- Management and Budget, transmitting Committee on Government Reform and visions under those acts, to authorize the OMB’s estimate of the amount of change in Oversight. transfer of naval vessels to certain foreign outlays or receipts, as the case may be, in 2400. A letter from the Executive Director, countries, and for other purposes (Rept. 104– each fiscal year through fiscal year 2002 re- Japan-United States Friendship Commis- 519 Pt. 1). Referred to the Committee of the sulting from passage of H.R. 3136 and H.R. sion, transmitting the 1995 annual report in Whole House on the State of the Union. 1266, pursuant to Public Law 101–508, section compliance with the Inspector General Act Mrs. MEYERS: Committee on Small Busi- 13101(a) (104 Stat. 1388–582); to the Committee Amendments of 1988, pursuant to Public Law ness. H.R. 2715. A bill to amend chapter 35 of on the Budget. 100–504, section 104(a) (102 Stat. 2525); to the title 44, United States Code, popularly 2388. A letter from the Secretary, Nuclear Committee on Government Reform and known as the Paperwork Reduction Act, to Regulatory Commission, transmitting the Oversight. Commission’s major rule—revision of fee 2401. A letter from the U.S. Commissioner, minimize the burden of Federal paperwork schedules; 100 percent fee recovery, fiscal Susquehanna River Basin Commission, demands upon small businesses, educational year 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to transmitting the Commission’s report in and nonprofit institutions, Federal contrac- the Committee on Commerce. compliance with the Inspector General Act tors, State and local governments, and other 2389. A letter from the Secretary of Health of 1978, pursuant to 5 U.S.C. app. (Insp. Gen. persons through the sponsorship and use of and Human Services, transmitting the De- Act) section 5(b); to the Committee on Gov- alternative information technologies; with partment’s annual report entitled ‘‘Public ernment Reform and Oversight. an amendment (Rept. 104–520 Pt. 1). Ordered Housing Primary Care Program,’’ pursuant 2402. A letter from the Administrator, Fed- to be printed. to section 340A of the Public Health Service eral Aviation Administration, transmitting Mr. YOUNG of Alaska: Committee on Re- Act; to the Committee on Commerce. the Administration’s list of the foreign avia- sources. H.R. 1965. A bill to reauthorize the 2390. A letter from the Acting Assistant tion authorities to which the Administrator Coastal Zone Management Act of 1972, and Secretary for Legislative Affairs, Depart- provided services in the preceding fiscal for other purposes; with an amendment ment of State, transmitting a copy of Presi- year, pursuant to Public Law 103–305, section (Rept. 104–521). Referred to the Committee of dential Determination No. 96–20: Suspending 202 (108 Stat. 1582); to the Committee on the Whole House on the State of the Union. Restrictions on United States Relations with Transportation and Infrastructure. DISCHARGE OF COMMITTEE the Palestine Liberation Organization, pur- 2403. A letter from the Secretary of Trans- Pursuant to clause 5 of rule X the Commit- suant to Public Law 104–107, section 604(b)(1) portation, transmitting the Department’s tee on Rules discharged from further consid- (110 Stat. 756); to the Committee on Inter- second annual report on the activities of the eration. H.R. 3121 referred to the Committee national Relations. Department regarding the guarantee of obli- of the Whole House on the State of the 2391. A letter from the Assistant Secretary gations issued to finance the construction, Union. for Legislative Affairs, Department of State, reconstruction, or reconditioning of eligible f transmitting the Department’s report enti- export vessels, pursuant to section 1111(b)(4) tled ‘‘Assistance Related to International of the Merchant Marine Act of 1936, as BILLS PLACED ON THE Terrorism Provided by the U.S. Government amended; to the Committee on Transpor- CORRECTIONS CALENDAR to Foreign Countries,’’ pursuant to 22 U.S.C. tation and Infrastructure. 2349aa–7(b); to the Committee on Inter- 2404. A letter from the Secretary of Veter- Under clause 4 of rule XIII, the Speaker national Relations. ans Affairs, transmitting the Department’s filed with the Clerk a notice requesting that H3488 CONGRESSIONAL RECORD — HOUSE April 16, 1996

the following bills be placed upon the Correc- encourage the creation of new jobs in the H.R. 1757: Mrs. THURMAN. tions Calendar: United States, and for other purposes; to the H.R. 1776: Mr. REGULA, Mr. BARCIA of H.R. 3049, a bill to amend section 1505 of Committee on Ways and Means. Michigan, Mr. LANTOS, Ms. LOFGREN, Mr. the Higher Education Act of 1965 to provide By Mr. PARKER (for himself, Mr. OBERSTAR, Mr. CLAY, and Mr. SCHUMER. for the continuity of the Board of Trustees of WICKER, Mr. TAYLOR of Mississippi, H.R. 1791: Mr. OLVER. the Institute of American Indian and Alaska Mr. THOMPSON, Mr. EDWARDS, Mr. H.R. 1797: Mrs. MEEK of Florida, Mr. FOGLI- Native Culture and Arts Development. COOLEY, Mr. EVERETT, Mr. DOYLE, ETTA, Mr. FOX, Ms. WATERS, Mr. FROST, Ms. H.R. 3055, a bill to amend section 326 of the Mr. HUTCHINSON, Mr. CLEMENT, Mr. NORTON, and Mr. DEUTSCH. Higher Education Act of 1965 to permit con- SMITH of New Jersey, Mr. EVANS, Mr. H.R. 1819: Mr. GEPHARDT. tinued participation by Historically Black MASCARA, Ms. BROWN of Florida, Mr. H.R. 1856: Mr. RADANOVICH. FILNER, Mr. KENNEDY of Massachu- Graduate Professional Schools in the grant H.R. 2011: Ms. JACKSON-LEE, Mr. BECERRA, setts, Mr. TEJEDA, Ms. WATERS, Mr. program authorized by that section. and Mr. DINGELL. NEY, Mr. CLYBURN, and Mr. EMER- f H.R. 2270: Mr. HUTCHINSON. SON): H.R. 2272: Mr. BONIOR and Mr. BROWN of H.R. 3253. A bill to name the Department of TIME LIMITATION OF REFERRED California. BILL Veterans Affairs medical center in Jackson, MS, as the ‘‘G.V. (Sonny) Montgomery De- H.R. 2306: Mr. KILDEE and Mr. WISE. Pursuant to clause 5 of rule X the follow- partment of Veterans Affairs Medical Cen- H.R. 2391: Mr. STENHOLM. ing action was taken by the Speaker: ter’’; to the Committee on Veterans’ Affairs. H.R. 2508: Mrs. MEYERS of Kansas. H.R. 3121. Referral to the Committee on By Mr. QUILLEN: H.R. 2531: Mr. WHITFIELD. Rules extended for a period ending not later H.R. 3254. A bill to suspend until January H.R. 2566: Mr. KENNEDY of Massachusetts than April 16, 1996. 1, 1998, the duty on Fybrel [SWP]; to the and Mr. RICHARDSON. Committee on Ways and Means. H.R. 2740: Mr. GEKAS. f H.R. 3255. A bill to amend the Harmonized H.R. 2741: Mrs. FOWLER, Mr. HOBSON, and PUBLIC BILLS AND RESOLUTIONS Tariff Schedule of the United States to cor- Mr. ROYCE. rect the tariff treatment of certain iron and H.R. 2746: Mr. REED, Mr. SMITH of New Jer- Under clause 5 of rule X and clause 4 steel pipe and tube products; to the Commit- sey, Mr. POMBO, Mr. DELLUMS, Mr. OBER- of rule XXII, public bills and resolu- tee on Ways and Means. STAR, Mr. UNDERWOOD, Mr. LANTOS, Mr. tions were introduced and severally re- By Mr. ROBERTS: ABERCROMBIE, Mr. BROWN of Ohio, Ms. NOR- ferred as follows: H.R. 3256. A bill to establish the Nicodemus TON, Mr. FRANK of Massachusetts, Ms. By Mr. EVERETT (for himself and Mr. National Historic Site in Kansas, and for SLAUGHTER, Mr. CONYERS, Mr. HALL of Ohio, other purposes; to the Committee on Re- EVANS): Mr. MANTON, Mr. ROMERO-BARCELO, and Ms. H.R. 3248. A bill to amend title 38, United sources. FURSE. States Code, to revise and improve certain By Mr. ZIMMER (for himself and Mr. H.R. 2777: Mr. SCOTT. veterans programs and benefits, to authorize FRELINGHUYSEN): H.R. 2798: Mr. LUTHER and Mr. POMBO. H.R. 3257. A bill to develop model curricula the American Battle Monuments Commis- H.R. 2834: Mr. ANDREWS. appropriate for elementary and secondary sion to enter into arrangements for the re- H.R. 2900: Ms. FURSE, Mr. COX, Mr. PARKER, students; to the Committee on Economic and pair and long-term maintenance of war me- Mr. WYNN, Mr. GANSKE, Mr. BROWDER, Mr. Educational Opportunities. morials for which the Commission assumes NEUMANN, and Mr. PALLONE. By Mr. MILLER of California: responsibility, and for other purposes; to the H.R. 2925: Mr. FORBES, Mr. CHRYSLER, Mr. H. Con. Res. 162. Concurrent resolution rec- Committee on Veterans’ Affairs. WAMP, Mr. CASTLE, Mr. CALLAHAN, Mr. ommending the entitles which were instru- By Mr. ABERCROMBIE (for himself TEJEDA, Mr. MCKEON, Mr. LAZIO of New mental in developing the ‘‘Friday Night and Mr. WICKER): York, and Mr. MONTGOMERY. Live’’ and ‘‘Club Live’’ programs and which H.R. 3249. A bill to authorize appropria- have created, are operating, and are working H.R. 2943: Mr. OBEY, Mr. EMERSON, Mr. RO- tions for a mining institute to develop do- to expand the ‘‘Rotary Life Club’’ program; MERO-BARCELO, and Mr. SHAYS. mestic technological capabilities for the re- to the Committee on Economic and Edu- H.R. 3059: Mr. OLVER, and Mrs. THURMAN. covery of minerals from the Nation’s seabed, cational Opportunities. H.R. 3084: Mr. ACKERMAN, Mr. FROST, Mr. and for other purposes; to the Committee on By Mr. ARCHER: DORNAN, and Mr. TEJEDA. Resources. H. Res. 402. Resolution returning to the H.R. 3108: Mr. FROST. By Mr. BEREUTER (for himself, for Senate the bill S. 1463; considered and agreed H.R. 3114: Mr. ENGEL, Ms. NORTON, Mr. Mr. FORD, Ms. LOFGREN, Mr. to. BARRETT of Nebraska, and Mr. BALLENGER. MCINTOSH, Mr. PICKETT, Mr. DEL- By Mr. GEPHARDT: H.R. 3161: Mr. HOUGHTON. LUMS, Ms. WOOLSEY, Mr. STARK, Mr. H. Res. 403. Resolution in tribute to Sec- H.R. 3170: Mr. TORRICELLI and Mr. MANTON. FAZIO of California, Mr. COSTELLO, retary of Commerce Ronald H. Brown and H.R. 3180: Mr. CHAPMAN, Mr. FOGLIETTA, Mrs. MEYERS of Kansas, Mr. EHLERS, other Americans who lost their lives on Mr. GREEN of Texas, Mrs. MALONEY, and Mr. Mr. SCHAEFER, Mr. MOLLOHAN, Mr. April 3, 1996, while in service to their coun- DEUTSCH. LEACH, Mr. GILCHREST, Mr. BOEH- try on a mission to Bosnia; to the Commit- H.R. 3201: Mr. ROSE, Mr. MYERS of Indiana, LERT, Mr. CASTLE, Mr. CLAY, Mr. tee on Commerce. and Mr. PETE GEREN of Texas. VENTO, Mr. SKELTON, Mr. EVANS, Mrs. By Mrs. MEEK of Florida: H.R. 3217: Mr. PALLONE, Mr. HINCHEY, Mr. MORELLA, Mr. RAHALL, Mr. SKAGGS, H. Res. 404. Resolution in tribute to Sec- VENTO, Mr. CARDIN, and Mr. FARR. Ms. MCCARTHY, Mr. HEFLEY, Mr. retary of Commerce Ronald H. Brown and H.R. 3236: Mr. JOHNSON of South Dakota, WELLER, Mrs. VUCANOVICH, Mr. other Americans who lost their lives on Mr. PETERSON of Minnesota, Mr. STENHOLM, BUNNING of Kentucky, Mr. BAKER of April 3, 1996, while in service to their coun- Mr. HILLIARD, Mrs. CLAYTON, Mr. HOLDEN, California, Mr. BEILENSON, Ms. NOR- try on a mission to Bosnia; to the Commit- Mr. BALDACCI, and Mr. POMEROY. TON, Mr. HASTINGS of Florida, Mr. tee on Commerce. HAMILTON, Mr. FROST, Mr. WAXMAN, H. Con. Res. 47: Mr. HAMILTON. f Mr. BARRETT of Nebraska, Mr. ORTON, H. Con. Res. 50: Ms. NORTON. Mr. NEY, Mr. LANTOS, Mr. FAWELL, ADDITIONAL SPONSORS H. Con. Res. 103: Mr. ENGEL, Ms. MOLINARI, and Mr. MILLER of California): Mr. MILLER of California, and Mr. H.R. 3250. A bill to amend the National Under clause 4 of rule XXII, sponsors TORRICELLI. Trails System Act to create a new category were added to public bills and resolu- H. Con. Res. 156: Mr. HILLIARD, Mrs. CLAY- of long-distance trails to be known as Na- tions as follows: TON, Mr. FROST, Mr. MCDERMOTT, Mr. FRAZ- ER, Ms. PELOSI, Mrs. MALONEY, Mrs. MEEK of tional Discovery Trails, to authorize the H.R. 99: Ms. WOOLSEY. Florida, Mr. OWENS, Mr. Payne of New Jer- American Discovery Trail as the first na- H.R. 118: Mr. SALMON. sey, Mr. FOGLIETTA, Mr. FOX, Mr. GREEN of tional trail in that category, and for other H.R. 188: Mr. SANDERS. ´ purposes; to the Committee on Resources. H.R. 248: Mr. UPTON. Texas, Ms. WATERS, Mr. ROMERO-BARCELO, By Mr. LIGHTFOOT (for himself, Mr. H.R. 491: Mr. TAYLOR of Mississippi, Mr. Mr. FALEOMAVAEGA, Ms. NORTON, AND MR. LEACH, Mr. NUSSLE, Mr. GANSKE, and STOCKMAN, Mr. PETERSON of Minnesota, Mr. FILNER. Mr. LATHAM): DEAL of Georgia, Mr. FUNDERBURK, Mr. H. Con. Res. 160: Mr. CAMPBELL and Mr. H.R. 3251. A bill to amend the Internal Rev- GREENWOOD, and Mr. HALL of Texas. JOHNSTON of Florida. enue Code of 1986 to expand the applicability H.R. 822: Mr. SALMON. H. Res. 282: Mrs. LOWEY, Mr. SMITH of New of the first-time farmer exception; to the H.R. 833: Mr. BARRETT of Wisconsin and Jersey, Mr. YATES, and Mr. LEVIN. Committee on Ways and Means. Mr. GUNDERSON. H. Res. 316: Mr. LAZIO of New York and Mr. By Ms. McKINNEY: H.R. 1110: Mr. SALMON. ZIMMER. H.R. 3252. A bill to amend the Internal Rev- H.R. 1462: Mr. PAYNE of New Jersey. H. Res. 381: Mr. LEVIN, Mr. STARK, Mr. BRY- enue Code of 1986 to discourage American H.R. 1483: Mr. MINGE, Mr. WATTS of Okla- ANT of Texas, Mr. LIPINSKI, Mr. ROMERO- businesses from moving jobs overseas and to homa, Mr. ANDREWS, and Mr. STEARNS. BARCELO´ , and Mr. MANTON. April 16, 1996 CONGRESSIONAL RECORD — HOUSE H3489 DELETIONS OF SPONSORS FROM subsection (a) exceed receipts dedicated to (b) REFERENCES.—Whenever in this Act an PUBLIC BILLS AND RESOLUTIONS that fund, the provisions of subsection (a) amendment or repeal is expressed in terms of shall not apply to that excess of disburse- an amendment to, or repeal of, a section or Under clause 4 of rule XXII, sponsors ments over receipts. other provision, the reference shall be con- were deleted from public bills and reso- H.R. 842 sidered to be made to a section or provision lutions as follows: of the National Wildlife Refuge System Ad- OFFERED BY: MR. ROYCE H.R. 789: Mr. DURBIN. ministration Act of 1966 (16 U.S.C. 668dd et AMENDMENT NO. 5: Page 3, line 10, insert H.R. 1202: Mr. SHAW. seq.). ‘‘(a) IN GENERAL.—’’ before ‘‘Notwithstand- H.R. 1963: Mr. SHAYS. SEC. 2. FINDINGS. ing’’. H.R. 1972: Mr. QUINN. (a) FINDINGS.—The Congress finds the fol- Page 4, after line 14, insert the following: f lowing: (b) PROHIBITION ON EARMARKING OF HIGH- (1) The National Wildlife Refuge System is AMENDMENTS WAY TRUST FUND AMOUNTS.—Subsection (a) comprised of over 91,000,000 acres of Federal shall no longer apply with respect to the lands that have been incorporated within 508 Under clause 6 of rule XXIII, pro- Highway Trust Fund after the last day of posed amendments were submitted as individual units located in all 50 States and any fiscal year in which amounts are made our territories. follows: available for obligation from the Highway (2) The System was created to conserve H.R. 842 Trust Fund for any highway construction fish, wildlife, and other habitats and this project or activity that is specifically des- OFFERED BY: MR. MINGE conservation mission has been facilitated by ignated in a Federal law, a report of a com- providing Americans opportunities to par- AMENDMENT NO. 1: On page 3, line 10 insert mittee accompanying a bill enacted into law, ‘‘(a) IN GENERAL.—Except as provided in sub- ticipate in wildlife-dependent recreation, in- or a joint explanatory statement of conferees cluding fishing and hunting, on System lands section (b)’’ before ‘‘Notwithstanding’’ accompanying a conference report, as deter- On page 4, after line 14 insert the follow- and to better appreciate the value of and mined by the Director of the Office of Man- need for fish and wildlife conservation. ing: agement and Budget. ‘‘(b) PROHIBITION ON FUNDING TRANSPOR- (3) The System is comprised of lands pur- H.R. 842 TATION PROJECTS FROM GENERAL REVENUE.— chased not only through the use of tax dol- Subsection (a) shall no longer be effective OFFERED BY: MR. SABO lars but also through the sale of Duck after the last day of a fiscal year in which AMENDMENT NO. 6: Page 3, line 10, strike Stamps and refuge entrance fees. It is a Sys- any amounts were made available from the ‘‘Notwithstanding’’ and insert ‘‘(a) IN GEN- tem paid for by those utilizing it. general fund of the Treasury of the United ERAL.—Except as provided by subsection (b) (4) On March 25, 1996, the President issued States for construction, rehabilitation and and notwithstanding’’, and page 4, after line Executive Order 12996 which recognized maintenance of highways or grants-in-aid for 14, insert the following new subsection: ‘‘wildlife-dependent recreational activities airports or for aviation-related facilities, (b) EXCEPTION.—(1) If, for any fiscal year, involving hunting, fishing, wildlife observa- equipment, research and engineering as the disbursements from any fund described tion and photography, and environmental determed by the Director of the Office of in subsection (a) would exceed the balance in education and interpretation as priority gen- Management and Budget.’’ that fund (as adjusted pursuant to paragraph eral public uses of the Refuge System’’. (5) Executive Order 12996 is a positive step H.R. 842 (2)), the provisions of subsection (a) shall not apply to those excess disbursements. in the right direction and will serve as the OFFERED BY: MR. MINGE (2) In applying this subsection, the bal- foundation for the permanent statutory AMENDMENT NO. 2: Page 3, line 10, insert ances otherwise available in a trust fund changes made by this Act. ‘‘(a) IN GENERAL.—’’ before ‘‘Notwithstand- shall be reduced by the amount (if any) by SEC. 3. DEFINITIONS. ing’’. which interest to be credited to that fund (a) IN GENERAL.—Section 5 (16 U.S.C. Page 4, after line 14, insert the following: during a fiscal year would exceed the amount 668ee)— (b) PROHIBITION ON EARMARKING OF HIGH- of interest that would be credited if the in- (1) is redesignated as section 4; and WAY TRUST FUND AMOUNTS.—Subsection (a) terest rate paid to the fund did not exceed (2) as so redesignated is amended to read as shall no longer apply with respect to the the average interest rate on 52-week Treas- follows: Highway Trust Fund after the last day of ury securities to be sold to the public during ‘‘SEC. 4. DEFINITIONS. any fiscal year in which amounts are made the same fiscal year. ‘‘For purposes of this Act: available for obligation from the Highway H.R. 842 ‘‘(1) The term ‘compatible use’ means a use Trust Fund for any highway construction that will not materially interfere with or de- project or activity that is specifically des- OFFERED BY: MR. SMITH OF MICHIGAN tract from the fulfillment of the purposes of ignated in a Federal law, a report of a com- AMENDMENT NO. 7: Page 3, lines 10 and 11, a refuge or the purposes of the System speci- mittee accompanying a bill enacted into law, strike ‘‘the receipts and disbursements of’’ fied in section 4(a)(3), as determined by or a joint explanatory statement of conferees and insert the following: sound resource management, and based on accompanying a conference report, as deter- the amounts that after the date of the enact- reliable scientific information. mined by the Director of the Office of Man- ment of this Act are received by or disbursed ‘‘(2) The terms ‘conserving’, ‘conservation’, agement and Budget. from ‘manage’, ‘managing’, and ‘management’, H.R. 842 H.R. 842 when used with respect to fish and wildlife, OFFERED BY: MR. MINGE mean to use, in accordance with applicable OFFERED BY: MR. SMITH OF MICHIGAN Federal and State laws, methods and proce- AMENDMENT NO. 3: Page 3, line 10, insert AMENDMENT NO. 8: Page 12, after line 22, in- dures associated with modern scientific re- ‘‘(a) IN GENERAL.—’’ before ‘‘Notwithstand- sert the following: ing’’. source programs including protection, re- Page 4, after line 14, insert the following: SEC. 5. APPROPRIATION OF INTEREST EARNINGS search, census, law enforcement, habitat OF HIGHWAY TRUST FUND. (b) PROHIBITION ON EARMARKING OF HIGH- management, propagation, live trapping and WAY TRUST FUND AMOUNTS.—Subsection (a) (a) PURPOSE.—It is the purpose of this sec- transplantation, and regulated taking. shall no longer apply with respect to the tion to offset the approximately ‘‘(3) The term ‘Coordination Area’ means a Highway Trust Fund after the last day of $82,000,000,000 that has been appropriated wildlife management area that is acquired any fiscal year in which amounts are made from the general fund of the Treasury for by the Federal Government and subse- available for obligation from the Highway Federal-aid highway and mass transit con- quently made available to a State— Trust Fund for any construction project or struction projects. ‘‘(A) by cooperative agreement between the activity that is specifically designated in a (b) APPROPRIATION OF INTEREST EARN- United States Fish and Wildlife Service and Federal law, a report of a committee accom- INGS.—On September 30, 1996, there is hereby the State fish and game agency pursuant to panying a bill enacted into law, or a joint ex- appropriated from the Highway Trust Fund the Fish and Wildlife Coordination Act (16 planatory statement of conferees accom- to the general fund of the Treasury an U.S.C. 661–666c); or panying a conference report, as determined amount equal to the aggregate amounts of ‘‘(B) by long-term leases or agreements by the Director of the Office of Management interest credited to the Highway Trust Fund pursuant to the Bankhead-Jones Farm Ten- and Budget. before such date. ant Act (50 Stat. 525; 7 U.S.C. 1010 et seq.). Page 13, line 1, strike ‘‘5’’ and insert ‘‘6’’. ‘‘(4) The term ‘Director’ means the Direc- H.R. 842 H.R. 1675 tor of the United States Fish and Wildlife OFFERED BY: MR. OBEY Service. OFFERED BY: MR. YOUNG OF ALASKA AMENDMENT NO. 4: Page 3, line 10, strike ‘‘(5) The terms ‘fish’, ‘wildlife’, and ‘fish ‘‘Notwithstanding’’ and insert ‘‘(a) IN GEN- AMENDMENT NO. 1: Strike all after the en- and wildlife’ mean any wild member of the ERAL.—Except as provided by subsection (b) acting clause and insert the following: animal kingdom whether alive or dead, and and notwithstanding’’, and page 4, after line SECTION 1. SHORT TITLE; REFERENCES. regardless of whether the member was bred, 14, insert the following new subsection: (a) SHORT TITLE.—This Act may be cited as hatched, or born in captivity, including a (b) EXCEPTION.—If, for any fiscal year, the the ‘‘National Wildlife Refuge Improvement part, product, egg, or offspring of the mem- disbursements from any fund described in Act of 1996’’. ber. H3490 CONGRESSIONAL RECORD — HOUSE April 16, 1996 ‘‘(6) The term ‘hunt’ and ‘hunting’ do not serting after new paragraph (3) the following tinue on an interim basis pending comple- include any taking of the American alligator new paragraph: tion of comprehensive planning.’’. (Alligator mississippiensis) or its eggs. ‘‘(4) In administering the System, the Sec- (b) POWERS.—Section 4(b) (16 U.S.C. ‘‘(7) The term ‘person’ means any individ- retary shall— 668dd(b)) is amended— ual, partnership, corporation or association. ‘‘(A) ensure that the mission and purposes (1) in the matter preceding paragraph (1) ‘‘(8) The term ‘plant’ means any member of of the System described in paragraphs (2) by striking ‘‘authorized—’’ and inserting the plant kingdom in a wild, unconfined and (3), respectively, and the purposes of ‘‘authorized to take the following actions:’’; state, including any plant community, seed, each refuge are carried out, except that if a (2) in paragraph (1) by striking ‘‘to enter’’ root, or other part of a plant. conflict exists between the purposes of a ref- and inserting ‘‘Enter’’; ‘‘(9) The terms ‘purposes of the refuge’ and uge and any purpose of the System, the con- (3) in paragraph (2)— ‘purposes of each refuge’ mean the purposes flict shall be resolved in a manner that first (A) by striking ‘‘to accept’’ and inserting specified in or derived from the law, procla- protects the purposes of the refuge, and, to ‘‘Accept’’; and mation, executive order, agreement, public the extent practicable, that also achieves the (B) by striking ‘‘, and’’ and inserting a pe- land order, donation document, or adminis- purposes of the System; riod; trative memorandum establishing, authoriz- ‘‘(B) provide for conservation of fish and (4) in paragraph (3) by striking ‘‘to ac- ing, or expanding a refuge, refuge unit, or wildlife and their habitats within the Sys- quire’’ and inserting ‘‘Acquire’’; and refuge subunit. tem; (5) by adding at the end the following new ‘‘(10) The term ‘refuge’ means a designated ‘‘(C) ensure effective coordination, inter- paragraph: area of land, water, or an interest in land or action, and cooperation with owners of land ‘‘(4) Subject to standards established by water within the System, but does not in- adjoining refuges and the fish and wildlife and the overall management oversight of the clude navigational servitudes, or Coordina- agency of the States in which the units of Director, and consistent with standards es- tion Areas. the System are located; tablished by this Act, enter into cooperative ‘‘(11) The term ‘Secretary’ means the Sec- ‘‘(D) assist in the maintenance of adequate agreements with State fish and wildlife retary of the Interior. water quantity and water quality to fulfill agencies and other entities for the manage- ‘‘(12) The terms ‘State’ and ‘United States’ the purposes of the System and the purposes ment of programs on, or parts of, a refuge.’’. mean the several States of the United of each refuge; States, Puerto Rico, American Samoa, the ‘‘(E) acquire under State law through pur- SEC. 6. COMPATIBILITY STANDARDS AND PROCE- Virgin Islands, Guam, and the insular posses- chase, exchange, or donation water rights DURES. sions of the United States. that are needed for refuge purposes; Section 4(d) (16 U.S.C. 668dd(d)) is amended ‘‘(13) The term ‘System’ means the Na- ‘‘(F) plan, propose, and direct appropriate by adding at the end the following new para- tional Wildlife Refuge System designated expansion of the System in the manner that graph: under section 4(a)(1). is best designed to accomplish the purposes ‘‘(3)(A)(i) Except as provided in clause (ii), ‘‘(14) The terms ‘take’, ‘taking’, or ‘taken’ of the System and the purposes of each ref- on and after the date that is 3 years after the mean to pursue, hunt, shoot, capture, col- uge and to complement efforts of States and date of the enactment of the National Wild- lect, or kill, or to attempt to pursue, hunt, other Federal agencies to conserve fish and life Refuge Improvement Act of 1996, the Sec- shoot, capture, collect, or kill.’’. wildlife and their habitats; retary shall not initiate or permit a new use (b) CONFORMING AMENDMENT.—Section 4 (16 ‘‘(G) recognize compatible uses of refuges of a refuge or expand, renew, or extend an ex- U.S.C. 668dd) is amended by striking ‘‘Sec- consisting of wildlife-dependent recreational isting use of a refuge, unless the Secretary retary of the Interior’’ each place it appears activities involving hunting, fishing, wildlife has determined that the use is a compatible and inserting ‘‘Secretary’’. observation and photography, and environ- use. SEC. 4. MISSION AND PURPOSES OF THE SYSTEM. mental education and interpretation as pri- ‘‘(ii) On lands added to the System after Section 4(a) (16 U.S.C. 668dd(a)) is amend- ority general public uses of the System the date of the enactment of the National ed— through which the American public can de- Wildlife Refuge Improvement Act of 1996, (1) by redesignating paragraphs (2) and (3) velop an appreciation for fish and wildlife; any existing fish or wildlife-dependent use of as paragraphs (5) and (6), respectively; ‘‘(H) provide expanded opportunities for a refuge, including fishing, hunting, wildlife (2) in clause (i) of paragraph (6) (as so re- these priority public uses within the System observation, and environmental education, designated), by striking ‘‘paragraph (2)’’ and when they are compatible and consistent shall be permitted to continue on an interim inserting ‘‘paragraph (5)’’; and with sound principles of fish and wildlife basis unless the Secretary determines that (3) by inserting after paragraph (1) the fol- management; the use is not a compatible use. lowing new paragraphs: ‘‘(I) ensure that such priority public uses ‘‘(iii) The Secretary shall permit fishing ‘‘(2) The overall mission of the System is receive enhanced attention in planning and and hunting on a refuge if the Secretary de- to conserve and manage fish, wildlife, and management within the System; termines that the activities are consistent plants and their habitats within the System ‘‘(J) provide increased opportunities for with the principles of sound fish and wildlife for the benefit of present and future genera- families to experience wildlife-dependent management, are compatible uses, and are tions of the people of the United States. recreation, particularly opportunities for consistent with public safety. No other de- ‘‘(3) The purposes of the System are— parents and their children to safely engage terminations or findings, except the deter- ‘‘(A) to provide a national network of lands in traditional outdoor activities, such as mination of consistency with State laws and and waters designed to conserve and manage fishing and hunting; regulations provided for in subsection (m), fish, wildlife, and plants and their habitats; ‘‘(K) ensure that the biological integrity are required to be made for fishing and hunt- ‘‘(B) to conserve, manage, and where ap- and environmental health of the System is ing to occur. The Secretary may make the propriate restore fish and wildlife popu- maintained for the benefit of present and fu- determination referred to in this paragraph lations, plant communities, and refuge habi- ture generations of Americans; for a refuge concurrently with the develop- tats within the System; ‘‘(L) continue, consistent with existing ment of a conservation plan for the refuge ‘‘(C) to conserve and manage migratory laws and interagency agreements, authorized under subsection (e). birds, anadromous or interjurisdictional fish or permitted uses of units of the System by ‘‘(B) Not later than 24 months after the species, and marine mammals within the other Federal agencies, including those nec- date of the enactment of the National Wild- System; essary to facilitate military preparedness; life Refuge Improvement Act of 1996, the Sec- ‘‘(D) to provide opportunities for compat- ‘‘(M) plan and direct the continued growth retary shall issue final regulations establish- ible uses of refuges consisting of fish- and of the System in a manner that is best de- ing the process for determining under sub- wildlife-dependent recreation, including fish- signed to accomplish the mission of the Sys- paragraph (A) whether a use is a compatible ing and hunting, wildlife observation, and tem, to contribute to the conservation of the use, that— environmental education; ecosystems of the United States, and to in- ‘‘(i) designate the refuge officer responsible ‘‘(E) to preserve, restore, and recover fish, crease support for the System and participa- for making initial compatibility determina- wildlife, and plants within the System that tion from conservation partners and the pub- tions; are listed or are candidates for threatened lic; ‘‘(ii) require an estimate of the timeframe, species or endangered species under section 4 ‘‘(N) ensure timely and effective coopera- location, manner, and purpose of each use; of the Endangered Species Act of 1973 (16 tion and collaboration with Federal agencies ‘‘(iii) identify the effects of each use on ref- U.S.C. 1533) and the habitats on which these and State fish and wildlife agencies during uge resources and purposes of each refuge; species depend; and the course of acquiring and managing ref- ‘‘(iv) require that compatibility determina- ‘‘(F) to fulfill as appropriate international uges; tions be made in writing and consider the treaty obligations of the United States with ‘‘(O) ensure appropriate public involve- best professional judgment of the refuge offi- respect to fish, wildlife, and plants, and their ment opportunities will be provided in con- cer designated under clause (i); habitats.’’. junction with refuge planning and manage- ‘‘(v) provide for the expedited consider- SEC. 5. ADMINISTRATION OF THE SYSTEM. ment activities; and ation of uses that will likely have no det- (a) ADMINISTRATION, GENERALLY.—Section ‘‘(P) identify, prior to acquisition, existing rimental effect on the fulfillment of the pur- 4(a) (16 U.S.C. 668dd(a)) (as amended by sec- wildlife-dependent compatible uses of new poses of a refuge or the purposes of the Sys- tion 3 of this Act) is further amended by in- refuge lands that shall be permitted to con- tem specified in subsection (a)(3); April 16, 1996 CONGRESSIONAL RECORD — HOUSE H3491 ‘‘(vi) provide for the elimination or modi- after, revise the conservation plan as may be regional offices of the United States Fish fication of any use as expeditiously as prac- necessary. and Wildlife Service, and provide oppor- ticable after a determination is made that ‘‘(B) The Secretary shall prepare a com- tunity for public comment.’’. the use is not a compatible use; prehensive conservation plan under this sub- SEC. 8. EMERGENCY POWER; PRESIDENTIAL EX- ‘‘(vii) require, after an opportunity for pub- section for each refuge within 15 years after EMPTION; STATE AUTHORITY; lic comment, reevaluation of each existing the date of enactment of the National Wild- WATER RIGHTS; COORDINATION. use, other than those uses specified in clause life Refuge Improvement Act of 1996. (a) IN GENERAL.—Section 4 (16 U.S.C. 668dd) (viii), when conditions under which the use is ‘‘(C) The Secretary shall manage each ref- is further amended by adding at the end the permitted change significantly or when there uge or planning unit under plans in effect on following new subsections: is significant new information regarding the the date of enactment of the National Wild- ‘‘(k) Notwithstanding any other provision effects of the use, but not less frequently life Refuge Improvement Act of 1996, to the of this Act the Secretary may temporarily than once every 10 years, to ensure that the extent such plans are consistent with this suspend, allow, or initiate any activity in a use remains a compatible use; Act, until such plans are revised or super- refuge in the System in the event of any ‘‘(viii) require after an opportunity for seded by new comprehensive conservation emergency that constitutes an imminent public comment reevaluation of each fish plans issued under this subsection. danger to the health and safety of the public and wildlife-dependent recreational use when ‘‘(D) Uses or activities consistent with this or any fish or wildlife population, including conditions under which the use is permitted Act may occur on any refuge or planning any activity to control or eradicate sea change significantly or when there is signifi- unit before existing plans are revised or new lampreys, zebra mussels, or any other aquat- cant new information regarding the effects comprehensive conservation plans are issued ic nuisance species (as that term is defined of the use, but not less frequently than in under this subsection. in section 1003 of the Nonindigenous Aquatic conjunction with each preparation or revi- ‘‘(E) Upon completion of a comprehensive Nuisance Prevention and Control Act of 1990 sion of a conservation plan under subsection conservation plan under this subsection for a (16 U.S.C. 4702)). (e) or at least every 15 years; refuge or planning unit, the Secretary shall ‘‘(l)(1) The President may exempt from any ‘‘(ix) provide an opportunity for public re- manage the refuge or planning unit in a provision of this Act any activity conducted view and comment on each evaluation of a manner consistent with the plan and shall by the Department of Defense on a refuge use, unless an opportunity for public review revise the plan at any time if the Secretary within the System if the President finds and comment on the evaluation of the use determines that conditions that affect the that— has already been provided during the devel- refuge or planning unit have changed signifi- ‘‘(A) the activity is in the paramount in- opment or revision of a conservation plan for cantly. terest of the United States for reasons of na- ‘‘(2) In developing each comprehensive con- the refuge under subsection (e) or has other- tional security; and servation plan under this subsection for a wise been provided during routine, periodic ‘‘(B) there is no feasible and prudent alter- planning unit, the Secretary, acting through determinations of compatibility for fish- and native location on public lands for the activ- the Director, shall identify and describe— wildlife-dependent recreational uses; and ity. ‘‘(A) the purposes of each refuge compris- ‘‘(x) provide that when managed in accord- ‘‘(2) After the President authorizes an ex- ing the planning unit and the purposes of the ance with principles of sound fish and wild- emption under paragraph (1), the Secretary System applicable to those refuges; life management, fishing, hunting, wildlife of Defense shall undertake, with the concur- ‘‘(B) the distribution, migration patterns, observation, and environmental education in rence of the Secretary of the Interior, appro- and abundance of fish, wildlife, and plant a refuge are generally compatible uses. priate steps to mitigate the effect of the ex- populations and related habitats within the ‘‘(4) The provisions of this Act relating to empted activity on the refuge. planning unit; ‘‘(m) Nothing in this Act shall be con- determinations of the compatibility of a use ‘‘(C) the archaeological and cultural values strued to authorize the Secretary to control shall not apply to— of the planning unit; or regulate hunting or fishing of fish and ‘‘(A) overflights above a refuge; and ‘‘(D) such areas within the planning unit resident wildlife on lands or waters not with- ‘‘(B) activities authorized, funded, or con- that are suitable for use as administrative in the System. ducted by a Federal agency (other than the sites or visitor facilities; ‘‘(n) Nothing in this Act shall be construed United States Fish and Wildlife Service) ‘‘(E) significant problems that may ad- as affecting the authority, jurisdiction, or which has primary jurisdiction over the ref- versely affect the populations and habitats responsibility of the several States to man- uge or a portion of the refuge, if the manage- of fish, wildlife, and plants within the plan- age, control, or regulate fish and resident ment of those activities is in accordance ning unit and the actions necessary to cor- wildlife under State law or regulations in with a memorandum of understanding be- rect or mitigate such problems; and any area within the System. Regulations tween the Secretary or the Director and the ‘‘(F) the opportunities for fish- and wild- permitting hunting or fishing of fish and head of the Federal agency with primary ju- life-dependent recreation, including fishing resident wildlife within the System shall be, risdiction over the refuge governing the use and hunting, wildlife observation, environ- to the extent practicable, consistent with of the refuge. mental education, interpretation of the re- State fish and wildlife laws, regulations, or ‘‘(5) Overflights above a refuge may be gov- sources and values of the planning unit, and management plans. erned by any memorandum of understanding other uses that may contribute to refuge ‘‘(o)(1) Nothing in this Act shall— entered into by the Secretary that applies to management. ‘‘(A) create a reserved water right, express the refuge.’’. ‘‘(3) In preparing each comprehensive con- or implied, in the United States for any pur- SEC. 7. REFUGE CONSERVATION PLANNING PRO- servation plan under this subsection, and pose; GRAM. any revision to such a plan, the Secretary, ‘‘(B) affect any water right in existence on (a) IN GENERAL.—Section 4 (16 U.S.C. 668dd) acting through the Director, shall, to the the date of enactment of the National Wild- is amended— maximum extent practicable and consistent life Refuge Improvement Act of 1996; or (1) by redesignating subsections (e) with this Act— ‘‘(C) affect any Federal or State law in ex- through (i) as subsections (f) through (j), re- ‘‘(A) consult with adjoining Federal, State, istence on the date of the enactment of the spectively; and local, and private landowners and affected National Wildlife Refuge Improvement Act (2) by inserting after subsection (d) the fol- State conservation agencies; and of 1996 regarding water quality or water lowing new subsection: ‘‘(B) coordinate the development of the quantity. ‘‘(e)(1)(A) Except with respect to refuge conservation plan or revision of the plan ‘‘(2) Nothing in this Act shall diminish or lands in Alaska (which shall be governed by with relevant State conservation plans for affect the ability to join the United States in the refuge planning provisions of the Alaska fish and wildlife and their habitats. the adjudication of rights to the use of water National Interest Lands Conservation Act (16 ‘‘(4)(A) In accordance with subparagraph pursuant to the McCarran Act (43 U.S.C. 666). U.S.C. 3101 et seq.)), the Secretary shall— (B), the Secretary shall develop and imple- ‘‘(p) Coordination with State fish and wild- ‘‘(i) propose a comprehensive conservation ment a process to ensure an opportunity for life agency personnel or with personnel of plan for each refuge or related complex of active public involvement in the preparation other affected State agencies pursuant to refuges (referred to in this subsection as a and revision of comprehensive conservation this Act shall not be subject to the Federal ‘planning unit’) in the System; plans under this subsection. At a minimum, Advisory Committee Act.’’. ‘‘(ii) publish a notice of opportunity for the Secretary shall require that publication (b) CONFORMING AMENDMENT.—Section 4(c) public comment in the Federal Register on of any final plan shall include a summary of (16 U.S.C. 668dd(c)) is amended by striking each proposed conservation plan; the comments made by States, adjacent or the last sentence. ‘‘(iii) issue a final conservation plan for potentially affected landowners, local gov- SEC. 9. STATUTORY CONSTRUCTION. each planning unit consistent with the provi- ernments, and any other affected parties, to- Nothing in this Act is intended to affect— sions of this Act and, to the extent prac- gether with a statement of the disposition of (1) the provisions for subsistence uses in ticable, consistent with fish and wildlife con- concerns expressed in those comments. Alaska set forth in the Alaska National In- servation plans of the State in which the ref- ‘‘(B) Prior to the adoption of each com- terest Lands Conservation Act (Public Law uge is located; and prehensive conservation plan under this sub- 96–487), including those in titles III and VIII ‘‘(iv) not less frequently than 15 years after section, the Secretary shall issue public no- of that Act; the date of issuance of a conservation plan tice of the draft proposed plan, make copies (2) the provisions of section 102 of the Alas- under clause (iii) and every 15 years there- of the plan available at the affected field and ka National Interest Lands Conservation H3492 CONGRESSIONAL RECORD — HOUSE April 16, 1996 Act, the jurisdiction over subsistence uses in tion from the United States Fish and Wild- (A) by redesignating that section as sec- Alaska, or any assertion of subsistence uses life Service, to create that new refuge. tion 2; in the Federal courts; and SEC. 11. REORGANIZATIONAL TECHNICAL (B) by striking ‘‘SEC. 4.’’; and (3) the manner in which section 810 of the AMENDMENTS. (C) by inserting before and immediately Alaska National Interest Lands Conserva- (a) REORGANIZATIONAL AMENDMENTS.—The above the text of the section the following tion Act is implemented in refuges in Alas- Act of October 15, 1966 (16 U.S.C. 668dd et new heading: ka, and the determination of compatible use seq.) is amended— ‘‘SEC. 4. NATIONAL WILDLIFE REFUGE SYSTEM.’’. as it relates to subsistence uses in these ref- (1) by adding before section 4 the following (b) CONFORMING AMENDMENT.—Section 12(f) uges. new section: of the Act of December 5, 1969 (83 Stat. 283) SEC. 10. NEW REFUGES. ‘‘SECTION 1. SHORT TITLE. is repealed. Notwithstanding any other provision of ‘‘This Act may be cited as the ‘National (c) REFERENCES.—Any reference in any law, no funds may be expended from the Wildlife Refuge System Administration Act law, regulation, or other document of the Land and Water Conservation Fund estab- of 1966’.’’; United States to section 4 of the National lished by Public Law 88–578, for the creation (2) by striking sections 6, 7, 8, 9, and 10; and Wildlife Refuge System Administration Act of a new refuge within the National Wildlife (3) in section 4 (16 U.S.C. 668dd), as in effect of 1966 is deemed to refer to section 2 of that Refuge System without specific authoriza- immediately before the enactment of this Act, as redesignated by subsection (a)(4) of tion from Congress pursuant to recommenda- Act— this section. E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 104 CONGRESS, SECOND SESSION

Vol. 142 WASHINGTON, TUESDAY, APRIL 16, 1996 No. 48 Senate

The Senate met at 9:45 a.m. and was RECOGNITION OF THE ACTING amendments. The yeas and nays are or- called to order by the President pro MAJORITY LEADER dered on several of these amendments; tempore [Mr. THURMOND]. The PRESIDENT pro tempore. The however, those votes will not occur The PRESIDENT pro tempore. To- able acting majority leader, the Sen- prior to the scheduled vote at 2:15. As a reminder, at 2:15 p.m. today, day’s prayer will be offered by Bishop ator from Mississippi, Senator LOTT, is Kenneth Ulmer, of the Faithful Central recognized. there will be a cloture vote on the mo- Missionary Baptist Church in Los An- Mr. LOTT. I thank the President pro tion to proceed to the Whitewater reso- geles, CA. tempore. It is a pleasure to see the lution. The Senate will recess from the President pro tempore. hours of 12:30 p.m., to 2:15 p.m. for the We are pleased to have you with us. weekly policy conferences to meet. The f Senate can expect rollcall votes to PRAYER GREETING BISHOP KENNETH C. occur throughout the session today in ULMER order to make progress on the pending The guest Chaplain, Dr. Kenneth C. Mr. LOTT. Mr. President, I am proud illegal immigration bill. Ulmer, offered the following prayer: to extend the greetings of the Senate Mr. President, I yield the floor. O God our help in ages past; our today to Bishop Kenneth Ulmer from f strength, our hope, our joy for years to Los Angeles, who delivered the morn- RESERVATION OF LEADER TIME come. Father, we give You thanks and ing prayer. Our Chaplain, Dr. Ogilvie, The PRESIDENT pro tempore. Under praise for the consistency of Your tells me he is one of the truly great the previous order, the leadership time faithfulness. Morning by morning You emerging spiritual leaders of our Na- is reserved. have showered us with new mercies and tion. Since his arrival 12 years ago at f new expressions of Your grace, and for the Faithful Central Missionary Bap- that we say thank You. As Jehovah tist Church, where Bishop Ulmer occu- MORNING BUSINESS Shalom You have given us Your peace pies the pulpit, the congregation has The PRESIDING OFFICER (Mr. in a world of confusion. As Jehovah grown from one of 325 to one of over INHOFE). Under the previous order, Jireh You have provided us with the 3,500. Bishop Ulmer is recognized as one there will now be a period for morning riches of Your grace and mercy. As Je- of California’s most respected voices in business. hovah Rohi, You have been the great promoting positive relationships be- The Senator from Iowa is recognized shepherd of this Nation. Lord, give us tween people of all races and back- for 15 minutes. the ability to acknowledge the possi- grounds. Mr. GRASSLEY. Mr. President, be- bility of our own error, patience that He is a member of the California at- fore I speak, I ask unanimous consent we might listen to opposing opinions, torney general’s policy council on vio- to yield to Senator THURMOND for the and wisdom to learn from one another. lence prevention and a member of the purpose of introducing bills without it Give us honesty that we might speak board of directors of the Rebuild Los cutting into my time. the truth in love and strength that we Angeles Committee. I know all Sen- The PRESIDING OFFICER. Without might not falter in the quest for truth ators join me in thanking Bishop objection, it is so ordered. and justice. Keep us humbled by the Ulmer for joining us this morning. Mr. THURMOND. I thank the able limitations of our own perspectives and f Senator very much. encouraged by the magnitude of divine (The remarks of Mr. THURMOND per- vision. When the tensions of our de- SCHEDULE taining to the introduction of S. 1672 mocracy would tend to divide us, keep Mr. LOTT. Mr. President, for the in- and S. 1673 are located in today’s us constantly aware of Your omnipo- formation of all Senators, this morning RECORD under ‘‘Statements on Intro- tent ability to make us one as we cele- the Senate will conduct a period for duced Bills and Joint Resolutions.’’) brate the diversity within our unity. morning business until 10:45 a.m., with Mr. GRASSLEY. Mr. President, I May we sense the sacredness of our call Senator GRASSLEY to speak for up to 15 thank the Chair. to leadership. O God, may integrity minutes and Senator HATCH for up to 45 (The remarks of Mr. GRASSLEY per- and uprightness preserve this Nation. minutes. taining to the introduction of S. 1674 As we faithfully serve its people may Following morning business, the Sen- are located in today’s RECORD under we so faithfully serve You. In the name ate will resume consideration of the il- ‘‘Statements on Introduced Bills and of our Lord. Amen. legal immigration bill and the pending Joint Resolutions.’’)

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

S3337 S3338 CONGRESSIONAL RECORD — SENATE April 16, 1996 COMMANDER STUMPF miral Kihune and Rear Admiral McGowan, presents to the Committee or the Senate two officers with personal and daily observa- similarly situated. Mr. GRASSLEY. Mr. President, I tion of Commander Stumpf in positions of What has diminished the credibility of the want to speak on a subject that I have responsibility. You may also wish to read Committee and the Senate with the public in spoken before. This is the issue of the the statement of Captain Dennis Gillespie, Commander Stumpf’s case is ignorance of, or promotion of Navy Comdr. Robert USN, Commander Stumpf’s commander in intentional lack of familiarity with, the un- Stumpf and his promotion to the rank combat during Desert Storm. Commander alterable fact that Commander Stumpf did of captain. This promotion has been de- Stumpf’s leadership was nowhere more vigor- not conduct himself in any way inappropri- nied by the Armed Services Commit- ously tested than in combat, where he per- ately at the 1991 Tailhook Symposium. That sonally led 9 carrier air wing airstrikes with- is a fact that cannot be ignored, even on the tee. It was denied because of his sus- out losing a single aircraft. Discipline? How floor of the United States Senate. pected involvement in inappropriate much discipline does it take to fly a combat Sincerely, behavior at the Tailhook convention. aircraft at 500 miles an hour into the face of CHARLES W. GITTINS. I support the committee’s decision to anti-aircraft fire and surface to air missiles Mr. GRASSLEY. I am opposed to deny the promotion. I have spoken on while still managing to put bombs on target. what Commander Stumpf and his at- this matter several times. Since my I submit that there is no greater demonstra- torney are doing for three reasons. last speech, I have had a letter from tion of discipline. Does Commander Stumpf set a good exam- First, they want us to believe that this Commander Stumpf’s attorney. The at- ple? If not, why was Commander Stumpf cho- is a legal issue. Commander Stumpf torney’s name is Mr. Charles W. sen to lead the Blue Angels in the first seems to have the mistaken notion Gittins. Mr. Gittins thinks that the place? The singular purpose of the Blue An- that a promotion to captain in the facts are the issue here. Of course, I gels is to provide a good example of the Navy Navy is an inalienable right. disagree. In my mind, the facts are not for public consumption. Perhaps you saw He sees the committee erecting a at issue. Commander Stumpf perform at the airshow barrier between himself and that right. What do the facts mean? It is the an- in Iowa. If so, you could not help but be im- So he has hired a fancy lawyer to re- pressed with the example Commander swer to the question that gets Com- Stumpf sets. The fact that he was returned claim that right under the law. mander Stumpf in hot water. to command of the Blue Angels by the Navy Well, sadly, I am afraid that Com- Mr. President, I ask unanimous con- even after he was subjected to an embarrass- mander Stumpf may be in for a big dis- sent to have printed in the RECORD Mr. ing Navy Court of Inquiry speaks volumes appointment. As Senator NUNN put it, Gittins’ letter to me. about the type example Commander Stumpf ‘‘It is well known that nomination pro- There being no objection, the mate- sets. Moreover, his press conference follow- ceedings are not criminal trials. They rial was ordered to be printed in the ing the Court’s decision made clear Com- are not formal evidentiary proceed- mander Stumpf’s agenda—at that press con- RECORD, as follows: ings.’’ ference Commander Stumpf said he would A promotion is not guaranteed under WILLIAMS & CONNOLLY, thereafter take no more questions about Washington, DC, April 4, 1996. Tailhook. His job was to ‘‘make the Navy the law. In fact, as we all know, it Hon. CHARLES E. GRASSLEY, look good. And that what [he] intend[ed] to must be earned, and not only earned, U.S. Senate, do’’ but confirmed by the Senate. Washington, DC. Your question four is self-evident by Com- This, Mr. President, brings me to my DEAR SENATOR GRASSLEY: I am writing on mander Stumpf’s performance in combat. second point. Each Senator must make behalf of my client, Commander Robert E. How many leaders who flew 22 combat mis- a subjective judgment about a can- Stumpf, USN, who was the subject of your sions can say that they brought back every didate’s character. We have to examine March 16, 1996 floor speech in the Senate. I plane that they started the mission with? the entire record, and then we have to applaud you for asking the five questions rel- Moreover, the junior officers who testified evant to whether Commander Stumpf should for the government, pursuant to grants of pick and choose. be promoted because it is apparent that your testimonial and transactional immunity, Sadly, Commander Stumpf and his colleagues have lost sight of those important each stated unequivocally that Commander lawyer somehow believe that the Sen- attributes in the political infighting over Stumpf was an outstanding role model, one ate should not sit in judgment of a Bob Stumpf’s promotion. who was universally recognized as superior nominee’s character. Two Navy captain Had you researched the answers to the five throughout the Navy and the strike-fighter selection boards and Secretary of the questions that you ‘‘asked’’, and put the an- community, and one they would gladly fol- Navy Dalton decided that Commander swers as well as the questions in the Con- low into combat. There simply is no higher Stumpf should be promoted. End of the gressional Record, I am sure that you would praise for a military officer. There has never story for them. The Senate should have embarrassed your colleagues with the been any evidence adduced, in the Commit- truth. Moreover, I am sure that if you had tee, in the Court of Inquiry, or in subsequent somehow butt out. researched the answers before you went to reviews conducted by the Navy or the Com- Again, Senators NUNN and COATS the floor to give the speech, your speech mittee, that Commander Stumpf is anything have laid this misguided idea to rest. would have been one of unequivocal support but an outstanding role model. They put it this way: ‘‘The Senate has for Commander Stumpf’s promotion. Finally, Commander Stumpf has over and a constitutional responsibility to give Your first question, like the rest, can be over throughout his career proven his integ- advice and consent on military pro- answered by reference to the official records rity. Commander Stumpf has been forthcom- motions.’’ of the Court of Inquiry as well as by ref- ing about Tailhook and his involvement That is our constitutional duty. We erence to Commander Stumpf’s Official Mili- therein. The Secretary of the Navy person- look at the evidence, and we make tary Personnel File. Commander Stumpf’s ally questioned Commander Stumpf closely record is clearly among the finest in the on these issues and determined that Com- judgment calls. We know it is not an Navy. Two Navy Captain selection boards mander Stumpf was not culpable for any exact science. It is an imperfect sys- now have selected Commander Stumpf for misconduct, either by him or his subordi- tem, but most of the time it seems to promotion to Captain. In order to do so, the nates, at Tailhook. Secretary Dalton con- work. Boards were required to find that Com- firmed that Commander Stumpf was ‘‘appro- This brings me to the third source of mander Stumpf was among those ‘‘best priately selected for promotion and that he my concern. Those who are pushing the qualified’’ from among those officers who the should be promoted.’’ Until you raised the Stumpf promotion want us to think he board found were ‘‘fully qualified.’’ Further, question of Commander Stumpf’s integrity, is a victim of political correctness. Mr. Commander Stumpf’s performance in com- there has never been any insinuation that President, that is pure, 100 percent, bat, illuminated by the many citations for Commander Stumpf was other than forth- bravery and heroism awarded him by the right and honest in all of his dealings grade-A, Navy baloney. I happen to be- United States, abundantly proves that the throughout his Navy career. If you have spe- lieve that Commander Stumpf’s prob- promotion boards were correct in their judg- cifics in mind, please feel free to commu- lems run much deeper than that. They ment of Commander Stumpf’s performance. nicate them to me. I will be glad to have go right to the core of his character. Your second question, concerning leader- Commander Stumpf respond. His behavior at the 1991 Tailhook con- ship and discipline, are equally well an- If your five questions are the measuring vention raises questions about his abil- swered by the Navy’s official records. All you stick that the Senate intends to follow on all ity to lead. needed to do was read them. Commander future officer nominations, I applaud your Mr. President, I am not holding Com- Stumpf was described by senior officers who standard. If you intend to apply that stand- testified at his Court of Inquiry as ‘‘among ard to Commander Stumpf, it would do you mander Stumpf to some arbitrary the finest leaders that they have had the op- and your colleagues well to actually read the standard dreamed up by this Senator. I portunity to work with.’’ In this regard, you records before you draw conclusions about am holding him to the military’s own may wish to read the testimony of Vice Ad- Commander Stumpf, or any other officer who standards. April 16, 1996 CONGRESSIONAL RECORD — SENATE S3339 The military standards are laid out Mr. President, Commander Stumpf are some guidelines to help you lead effec- in a document entitled ‘‘Military Lead- needs to face the music and take re- tively: ership, Field Manual 22–100.’’ Those sponsibility for his actions. Gather essential information before mak- I ask unanimous consent to have ing your decisions. principles are described on pages 5 Announce decisions in time for your sol- through 8 of the document. This is an that part of the manual printed in the diers to react. Good decisions made at the exact quote from the document: RECORD. right time are better than the best decisions No aspect of leadership is more powerful There being no objection, the mate- made too late. than setting a good example. rial was ordered to be printed in the Consider the short- and long-term effects So, Mr. President, I feel obliged to RECORD, as follows: of your decisions. ask this very simple question: Did THE PRINCIPLES OF LEADERSHIP SET THE EXAMPLE Commander Stumpf set a good example The 11 principles of Army leadership are Your soldiers want and need you to be a at Tailhook? A former Naval officer, excellent guidelines and provide the corner- role model. This is a heavy responsibility, writing in the Washington Times re- stone for action. They are universal and rep- but you have no choice. No aspect of leader- cently, answered that question. I want resent fundamental truths that have stood ship is more powerful. If you expect courage, competence, candor, commitment, and integ- to quote directly from the April 1, 1996, the test of time. Developed in a 1948 leader- ship study, the principles were first included rity from your soldiers, you must dem- article: in leadership doctrine in 1951. Use these prin- onstrate them. Your soldiers will imitate Officers throughout the Navy—particularly ciples to assess yourself and develop an ac- your behavior. You must set high, but at- Naval aviators like Commander Stumpf— tion plan to improve your ability to lead. Ex- tainable, standards, be willing to do what were well aware that the Tailhook conven- amples throughout this manual give you you require of your soldiers, and share dan- tion had become an increasingly grotesque ideas of how to apply these principles. Here gers and hardships with your soldiers. Your event before it finally suffered public scru- is an explanation of each of the leadership personal example affects your soldiers more tiny in 1991. principles. than any amount of instruction or form of That Commander Stumpf finds himself KNOW YOURSELF AND SEEK SELF-IMPROVEMENT discipline. You are their role model. having been caught in the fallout is a result KNOW YOUR SOLDIERS AND LOOK OUT FOR THEIR of the poor judgment he showed in partici- To know yourself, you have to understand WELL-BEING pating when many of his contemporaries had who you are and to know what your pref- stopped doing it years before. erences, strengths, and weaknesses are. You must know and care for your soldiers. It is not enough to know their names and That says it all, Mr. President. Knowing yourself allows you to take advan- tage of your strengths and work to overcome hometowns. You need to understand what Commander Stumpf’s behavior also your weaknesses. Seeking self-improvement makes them ‘‘tick’’ and learn what is impor- raises questions about his willingness means continually developing your strengths tant to them in life. You need to commit to accept responsibility. The military and working on overcoming your weak- time and effort to listen to and learn about leadership manual states that a leader nesses. This will increase your competence your soldiers. When you show genuine con- must do two things: First, seek respon- and the confidence your soldiers have in cern for your troops, they trust and respect sibility and, second, take responsibility your ability to train and lead. you as a leader. Telling your subordinates for his or her actions. By seeking and BE TECHNICALLY AND TACTICALLY PROFICIENT you care about them has no meaning unless they see you demonstrating care. They as- accepting responsibility, a leader can You are expected to be technically and sume that if you fail to care for them in tactically proficient at your job. This means build trust within his or her military training, you will put little value on their that you can accomplish all tasks to stand- unit. lives in combat. Although slow to build, ard that are required to accomplish the war- Clearly, Commander Stumpf is ea- trust and respect can be destroyed quickly. time mission. In addition, you are respon- gerly and aggressively seeking greater If your soldiers trust you, they will will- sible for training your soldiers to do their responsibility. He has an aggressive ingly work to help you accomplish missions. jobs and for understudying your leader in the They will never want to let you down. You lobbying campaign going to get himself event you must assume those duties. You de- must care for them by training them for the promoted. He is doing a good job of velop technical and tactical proficiency rigors of combat, taking care of their phys- that lobbying. through a combination of the tactics, tech- ical and safety needs when possible, and dis- Unfortunately, he is not very good at niques, and procedures you learn while at- ciplining and rewarding fairly. The bonding tending formal schools (institutional train- accepting criticism for his past mis- that comes from caring for your soldiers will ing), in your day-to-day jobs (operational as- takes. It seems like he is trying to sustain them and the unit during the stress signments), and from professional reading evade responsibility. and chaos of combat. and personal study (self-development). Commander Stumpf claims he did KEEP YOUR SUBORDINATES INFORMED not witness the really obscene behavior SEEK RESPONSIBILITY AND TAKE RESPONSIBILITY FOR YOUR ACTIONS American soldiers do best when they know at his squadron’s Tailhook party. It why they are doing something. Individual Leading always involves responsibility. happened after he left, and if he did not soldiers have changed the outcome of battle You want subordinates who can handle re- see it, he is not responsible, so he using initiative in the absence of orders. sponsibility and help you perform your mis- Keeping your subordinates informed helps claims. Commander Stumpf’s ship ran sion. Similarly, your leaders want you to them make decisions and execute plans with- aground when he was not on the bridge. take the initiative within their stated in- in your intent, encourages initiative, im- That is what he wants us to believe. He tent. When you see a problem or something proves teamwork, and enhances morale. wants us to believe that his junior offi- that needs to be fixed, do not wait for your Your subordinates look for logic in your or- leader to tell you to act. The example you cers are to blame. In effect, he is say- ders and question things that do not make set, whether positive or negative, helps de- ing that. sense. They expect you to keep them in- velop your subordinates. Our warfighting Commander Stumpf’s reasoning is formed and, when possible, explain reasons doctrine requires bold leaders at all levels flawed, and it is inconsistent with for your orders. naval tradition and leadership and the who exercise initiative, are resourceful, and take advantage of opportunities on the bat- DEVELOP A SENSE OF RESPONSIBILITY IN YOUR responsibility that is placed on leaders tlefield that will lead to victory. When you SUBORDINATES in the military manual. The ship’s cap- make mistakes, accept just criticism and Your subordinates will feel a sense of pride tain is always responsible if the ship take corrective action. You must avoid evad- and responsibility when they successfully ac- runs aground. ing responsibility by placing the blame on complish a new task you have given them. When something like this happens, someone else. Your objective should be to Delegation indicates you trust your subordi- the manual says a leader should never build trust between you and your leaders as nates and will make them want even more try to evade responsibility by blaming well as between you and those you lead by responsibility. As a leader, you are a teacher others. When a commander tries to seeking and accepting responsibility. and responsible for developing your subordi- MAKE SOUND AND TIMELY DECISIONS nates. Give them challenges and opportuni- shift the blame to others, the manual ties you feel they can handle. Give them You must be able to rapidly assess situa- says that undermines trust and respect more responsibility when they show you tions and make sound decisions. If you delay within any military organization. they are ready. Their initiative will amaze or try to avoid making a decision, you may Evading responsibility is not the sign you. cause unnecessary casualties and fail to ac- of a topnotch military commander. complish the mission. Indecisive leaders cre- ENSURE THE TASK IS UNDERSTOOD, When Commander Stumpf first got in ate hesitancy, loss of confidence, and confu- SUPERVISED, AND ACCOMPLISHED hot water, he should have acknowl- sion. You must be able to anticipate and rea- Your soldiers must understand what you edged his mistake and taken corrective son under the most trying conditions and expect from them. They need to know what action. quickly decide what actions to take. Here you want done, what the standard is, and S3340 CONGRESSIONAL RECORD — SENATE April 16, 1996 when you want it done. They need to know if leadership situation is unique. What worked his administration have repeatedly you want a task accomplished in a specific in one situation may not work in another. done. way. Supervising lets you know if your sol- You must be able to look at every situation This administration has pursued a diers understand your orders; it shows your and determine what action to take. You in- pervasive policy of preference. The interest in them and in mission accomplish- fluence by what you say, write, and, most ment. Oversupervision causes resentment importantly, do. What and how you commu- President’s actions speak louder than and undersupervision causes frustration. nicate will either strengthen or weaken the his words. The Clinton administration When soldiers are learning new tasks, tell relationship between you and your subordi- has repeatedly cast its lot not on the them what you want done and show how you nates. side of equal opportunity for all Ameri- want it done. Let them try. Watch their per- The principles of leadership were developed cans, but on the side of racial, gender, formance. accept performance that meets by leaders many years ago to train and de- and ethnic preferences and equal re- your standards; reward performance that ex- velop their subordinates. The principles have sults for groups. ceeds your standards; correct performance stood the test of time and the foremost Indeed, I find both President Clin- that does not meet your standards. Deter- test—the battlefield. Use the principles to mine the cause of the poor performance and assess how you measure up in each area and ton’s July 19, 1995, speech on this issue take appropriate action.1 When you hold sub- then develop a plan to improve your ability and his administration’s review of this ordinates accountable to you for their per- to lead soldiers. issue an artful dodge of the real issues formance, they realize they are responsible Mr. HATCH addressed the Chair. and a vigorous assault on the principle for accomplishing missions as individuals of equal opportunity for all Americans. and as teams. The PRESIDING OFFICER. The Sen- ator from Utah is recognized. In his frequently gauzy July 19 BUILD THE TEAM speech, President Clinton never came f Warfighting is a team activity. You must to grips with the details of affirmative develop a team spirit among your soldiers MEASURE PLACED ON THE action preferences. He also repeats that motivates them to go willingly and con- CALENDAR—H.R. 3103 some false dichotomies long used by fidently into combat in a quick transition from peace to war. Your soldiers need con- Mr. HATCH. Mr. President, I under- other tenacious defenders of pref- fidence in your abilities to lead them and in stand there is a bill due for its second erences. He ignores the variety of ways their abilities to perform as members of the reading. preferences operate, and are defended, team. You must train and cross train your The PRESIDING OFFICER. The Sen- even under his own administration. soldiers until they are confident in the ator is correct. Moreover, he defines affirmative ac- team’s technical and tactical abilities. Your The clerk will read the bill for the tion with a combination of breadth and unit becomes a team only when your soldiers second time. vagueness, allowing him to dodge the trust and respect you and each other as tough issues. He does not understand trained professionals and see the importance The legislative clerk read as follows: of their contributions to the unit. A bill (H.R. 3103) to amend the Internal that preferences are not only wrong, they are terribly divisive. EMPLOY YOUR UNIT IN ACCORDANCE WITH ITS Revenue Code of 1986 to improve portability CAPABILITIES and continuity of health insurance coverage Columnist Robert J. Samuelson has written: Your unit has capabilities and limitations. in the group and individual markets, to com- You are responsible to recognize both of bat waste, fraud, and abuse in health insur- The essence of Clinton-speak is that the these factors. Your soldiers will gain satis- ance and health care delivery, to promote president is often saying the opposite of faction from performing tasks that are rea- the use of medical savings accounts, to im- what he is doing. On affirmative action, he sonable and challenging but will be frus- prove access to long-term care services and deplores those ‘‘who play politics with the trated if tasks are too easy, unrealistic, or coverage, to simplify the administration of issue . . . and divide the country.’’ Yet, that unattainable. Although the available re- health insurance, and for other purposes. describes Clinton exactly. His eager embrace sources may constrain the program you Mr. HATCH. Mr. President, I object of affirmative action guarantees that it will would like to implement, you must contin- to further proceedings on this matter foment racial and gender rancor. ually ensure your soldiers’ training is de- at this time. That was from the Washington Post manding. Apply the battle focus process to The PRESIDING OFFICER. The bill of August 9, 1995. narrow the training program and reduce the will be placed on the calendar. He treats the web of local, State and number of vital tasks essential to mission Federal bureaucratic, legislative, and accomplishment. Talk to your leader; decide f judicial rules and policies requiring the which tasks are essential to accomplish your SOCIAL POLICY AND CIVIL RIGHTS warfighting mission and ensure your unit cause of preferences as if they were achieves Army standards on those selected. Mr. HATCH. Mr. President, I wish to minor aberrations or barely in exist- Battle focus is a recognition that a unit can- continue the discussion about social ence. They have, in fact, grown over not attain proficiency to standard on every policy and civil rights I began a short the years, including under his policies. task, whether due to time or other resource time ago. For example, he claims that some- constraints. Do your best in other areas to Mr. President, I support the vigorous times employers abuse the concept—as include using innovative training techniques and sensible enforcement of our civil if local, State, and Federal govern- and relooking the conditions under which the training is being conducted, but do not rights laws and make whole relief for ments have not been breathing down lower standards simply because your unit ap- the victims of discrimination. I support many employers’ necks—playing the pears unable to meet them. Your challenge affirmative action involving outreach numbers game, pressuring and requir- as a leader is to attain, sustain, and enforce and recruitment. I support training ing consideration of race, ethnicity, high standards of combat readiness through and assistance open to all who are and gender in their employment prac- tough, realistic multiechelon combined arms seeking to enhance their ability to tices. Indeed, his administration has training designed to develop and challenge compete, without regard to race, eth- recently issued guidance concerning each soldier and unit. nicity, or gender. I oppose preferences Federal employment which provides a SUMMARY in the award of benefits or impositions shocking, broad-based series of ration- The factors and principles of leadership of penalties based in whole or in part ales for preferences. will help you accomplish missions and care on race, ethnicity, or gender. Moreover, the President, in my view, for soldiers. They are the foundation for leadership action. Opposition to preferences should not gives too much credit to affirmative The factors of leadership are always be a device used, however inadvert- action for progress in this country. The present and affect what you should do and ently, to ignore the particular prob- enactment and enforcement of anti- when you should do it. Soldiers should not lems resulting from the legacy of prior discrimination laws, a decrease in prej- all be led in the same way. You must cor- and ongoing discrimination. Nor should udice, and economic forces, in my view, rectly assess soldiers’ competence, commit- opposition to preferences be used to have clearly played very important ment, and motivation so that you can take weaken the kind of affirmative out- roles in such progress. Even his own the right leadership actions. As a leader, you must know who you are, what you know, and reach and recruitment I mentioned ear- task force admits, at least: ‘‘It is very what you can do so that you can discipline lier. difficult * * * to separate the contribu- yourself and lead soldiers effectively. Every Conversely, I reject the cynical use of tion of affirmative action from the the affirmative action label as a means contribution of antidiscrimination en- 1 Kenneth H. Blanchard and Keith L. Kettler, ‘‘A of throwing a protective shield over forcement, decreasing prejudice, rising Suitable Approach to Leader Development.’’ preferences, as President Clinton and incomes and other forces.’’ April 16, 1996 CONGRESSIONAL RECORD — SENATE S3341 The four directives he has issued to not believe that the Government in- tired.’’ We have heard that for at least his agencies are largely misleading or tends for the number to be reached, 25 years. What does the President mean irrelevant, especially in light of his ad- they would have to ask, why did the by an affirmative action program suc- ministration’s overall actions. The Government put the number out there? ceeding? He does not say, directly. But President says, ‘‘No quotas in theory or If equal opportunity alone is all that is a careful review of his speech, his task practice * * *’’ but he supports a so- required, the Government can require force’s rationale for affirmative action, called flexible goal. that such opportunity be afforded with- including preferences, and his Justice It is preferences we must oppose, out setting any numerical require- Department guidance, makes it clear— however, not the label for one of the ment. I also note that, when race, eth- he does not mean equal opportunity for forms of preference. And the Clinton nicity, or gender is used as only one individuals. The repeated reference, as administration has strongly fostered factor in a decision to hire, and that justification for affirmative action, to preferences in various ways, as I will one factor tips the decision in favor of various statistical disparities makes explain shortly, sometimes making use one person and against another, that is clear that affirmative action succeeds of numbers and sometimes not. Indeed, discrimination, that is a preference. in this administration when equality of his administration has fostered out- Thus, while some numerical objec- result—proportionality—has been right quotas. tives may be somewhat less coercive reached. Indeed, his Justice Depart- With respect to numerical objectives, than others, they are no less objection- ment’s February 29, 1996 guidance to whether they are labeled goals and able. At best, we are speaking of mat- Federal agencies justifying preferences timetables or quotas, the harm that oc- ters of degree, not of kind. The Clinton and reverse discrimination in Federal curs is the exercise of preference based Administration makes full use of the employment authorizes those agencies on race, ethnicity, gender, or other- range of preferences. to maintain proportionality almost wise. It is such preference that is President Clinton next says, ‘‘no ille- continually. wrong, rather than the precise label we gal discrimination of any kind includ- Despite misleading disclaimers, that place on the mechanism of preference. ing reverse discrimination.’’ Mr. Presi- memorandum is a wide-ranging defense I think it is helpful to conceptualize dent, this is clearly a verbal slight of not only of reverse discrimination well the numbers approach as functioning hand. The President never defined re- beyond current Supreme Court prece- along a continuum. At one end, the verse discrimination. As the President dent. It is a thinly veiled defense of equal opportunity end, there is the re- and his legal advisors well know, the quota hiring. quirement not to discriminate on the courts and executive bureaucracies, re- I should also point out that President basis of irrelevant characteristics, the grettably, have deemed a variety of re- Clinton takes the Adarand decision as requirements to review selection proc- verse discrimination—preferences—as if it is the final guidance on pref- esses to ensure that there is no bias legal. His own task force, for example, erences. It is not. His own task force and to recruit widely—and no numeri- speaks approvingly of the Supreme knows better: ‘‘The Court’s decision cal objective. At the other end is a re- Court’s 1979 Weber decision. That deci- concerned what is constitutionally per- quirement that does one of two things. sion permits reverse discrimination in missible, which is a necessary but not First, it either establishes separate an employer’s training program under sufficient consideration in judging lists of those at least minimally quali- title VII. The Weber decision is a cru- whether a measure is a wise public pol- fied, based on race or gender, with al- cial part of the reverse discrimination icy.’’ There is the question of what is ternate selection from these lists until edifice in this country. So the Presi- right. In my view, if a business has a certain percentage is met, regardless dent favors reverse discrimination been discriminated against by a gov- of the relative rankings that would under the name of affirmative action, ernment entity, it should have a rem- exist on a single list. Or, the require- at least so long as a court anywhere, or edy. But to prefer another business be- ment simply defines equal opportunity a bureaucrat, says its acceptable or cause it is owned by a member of the as essentially the proportional rep- might possibly say its acceptable. The same group, over an innocent business resentation of various groups, and congressional testimony, courtroom owner who belongs to a different group, mandates or permits race or gender legal arguments, and policy guidance is wrong. conscious selection procedures in order of his Justice Department amply con- to meet that objective. firm this. If one believes that rights inhere in In between these two ends are var- Indeed, his own administration has individuals, not in groups, one has to ious levels of coercive authority and vigorously sought to expand the ra- oppose this latter type of program, a sanctions that require or strongly en- tionales for permitting reverse dis- contract preference based on race, eth- courage the use of preference. Thus, crimination. Let us not forget: the nicity, or gender. The Clinton adminis- somewhere between these two oppo- Clinton administration was on the los- tration celebrates it. Just listen to the sites might be what is euphemistically ing side in the Supreme Court’s 1995 Clinton task force’s rationalization: described as a ‘‘flexible goal and time- Adarand case. The Clinton administra- race-conscious contract procurement table.’’ In fact, this differs little, as a tion argued for a double standard based programs ‘‘cause only a minor diminu- practical matter, from what is other- on race and ethnicity in the Federal tion of opportunity for non-minority wise known as a quota, except in the Government’s award of contracts and firms. In that respect, current pro- lack of explicitly separate lists. It in Federal Government policy gen- grams are balanced and equitable in might be that an employer is pressured erally. President Clinton managed to the large.’’ So much for individual to reach a certain percentage of des- omit that fact from his July 19, 1995, rights. So much for equal opportunity ignated groups in his work force over a speech. President Clinton defended his for every individual. No reasonable per- period of time without the explicit cre- administration’s outrageous defense of son would accept such a rationale if ation of separate lists. Sanctions re- racial preferences in layoffs in the the victims were minority firms, and main available, lurking not far in the Piscataway case. properly so. background. If an employer or school Next comes the President’s clumsiest The Clinton administration should believes that the failure to meet a goal and most transparent cynicism: ‘‘no tell Tom Stewart of Spokane, WA, who will result in increased oversight, pa- preference for people who are not testified before the Senate Judiciary perwork, and required explanations; qualified for any job or other oppor- Constitution Subcommittee, that con- the threat of contract debarment, loss tunity.’’ This is a longstanding dodge tract preferences generally cause only of Federal aid, or a lawsuit by individ- by the ardent defenders of preference minor loss of opportunity. His guard- uals, advocacy groups or the Govern- and reverse discrimination. Of course, rail firm has lost $10 to $15 million over ment hanging overhead; or a contempt the problem with preferential policies 15 years because of preferences—re- motion pursuant to a court order is that they favor the lesser qualified verse discrimination to anyone else but which is already in place, then the em- over the better qualified. this President and other defenders of ployer or school is going to try to meet Finally, the President says, as soon preference and reverse discrimination. that number, regardless of who is best as ‘‘the [particular affirmative action] Mr. Stewart has numerous letters from qualified. If an employer or school does program has succeeded it must be re- prime contractors saying he was low S3342 CONGRESSIONAL RECORD — SENATE April 16, 1996 bidder but could not be retained be- The Washington Post of September 1, In 1994, the Clinton administration cause of set-aside requirements—the 1995, reports: switched sides in a reverse discrimina- preferences, if you will. A divided Montgomery County School tion case in Piscataway, NJ. Or tell it to Lance McKinney, the Board has refused to overturn a school sys- In the Piscataway case, the president of Atherton Construction Co. tem decision denying two Asian kinder- Piscataway Board of Education decided of Salt Lake City, UT, who was not gartners admission into a French immersion to reduce the size of its Business Edu- even permitted to bid on certain con- program because the transfer would upset the ethnic balance at their neighborhood ele- cation Department. The choice was be- tracts because of his race. These re- mentary school. tween laying off a white female or a quirements are far more pervasive in Only after a public uproar was this black female with equivalent seniority. local, State, and Federal governments particular denial overturned. How does Normally, the tiebreaker between than the President admits. Even one the President feel about this general two equally senior employees facing a contract lost because of race is one too policy? Will his administration enforce layoff is undertaken in a race-neutral many, but the Clinton administration equal opportunity in the Montgomery manner, by drawing lots. But breezily understates the scope of the County schools? Piscataway had an affirmative action problem. The Washington Post of October 30, plan, which required that the tie be The President condescendingly tries 1995, reported: broken on the basis of race in favor of to bundle off concern about preferences Principal Inez Sadler’s Valley View Ele- the black teacher. In 1989, the white and reverse discrimination to economic mentary School in Prince George’s County, teacher was discharged. uncertainty in the white middle class. Maryland faced a shortage of 50 students for The Bush Justice Department The President thinks the real problems its Talented and Gifted program, but she brought a lawsuit in January 1992 chal- with racial, ethnic, and gender set- could not choose from any of the 67 students lenging this racially discriminatory asides are those of fronts and fraud. on a waiting list. The reason: all 67 students on the list are African American, while all 50 layoff under title VII of the 1964 Civil President Clinton just does not get it. Rights Act. In June 1993, the Clinton He is out of touch with mainstream available slots are reserved for children of other races. administration, then in power, filed America. The real problem with racial, This is pursuant to a court-ordered two briefs advancing its then position ethnic, and gender preferences, includ- desegregation remedy originating in a that the race-based layoff was illegal. ing in contract awards, is that they are 23-year-old lawsuit. Then, stunningly, after the district fundamentally unfair. Preferences and In San Francisco, as part of a 12- court ruled in favor of the United reverse discrimination should be ended, year-old consent decree, Chinese-Amer- States and the white teacher who had not tinkered with. ican youngsters are being discrimi- intervened in the case in her own be- The principle of equal opportunity nated against in favor of whites, half, and granted her relief, the Clinton demands that we avoid new forms of blacks, Hispanics, Koreans, or Japa- administration flip-flopped and aban- discrimination. We must not create nese for entry to Lowell High School— doned its earlier position. It, in effect, new victims of discrimination in the and there is discrimination in the switched sides and argued against the name of affirmative action—something treatment among these groups as well. white teacher in favor of a policy of ra- the President’s own administration This is in the Los Angeles Times, July cial discrimination. It argued to de- has, in the large, fostered and defended. 13, 1995 edition. prive the victim of discrimination of Ted Van Dyk, a former assistant to Only in the past few weeks has there the very relief it had engineered. Vice President Hubert Humphrey has been the possibility of some change in written: The district court’s straightforward those policies. legal analysis and finding in favor of The civil-rights fighters of the 1950s and A 12-year-old girl was denied admis- early 1960s can only be shocked that the the discriminatorily discharged teach- sion to Boston Latin School recently er was challenged by the Clinton ad- more recent Democrats, including the presi- because she ran afoul of racial pref- dent, have taken that struggle for oppor- ministration’s strained legal tunity and transformed it into an attempt at erences. arguments in its ideological drive to go guaranteed outcomes. Hence the official and Does the President believe these beyond Supreme Court precedent to unofficial, gender and ethnic quotas imposed practices are right? Should his admin- further its policies of reverse discrimi- in staffing the administration. istration have been doing something nation. Mr. Van Dyk has also noted—and about it? The advocates of racial preference Some of these examples point out keep in mind he was former assistant argue that such preferences can be jus- something else President Clinton is ob- to Vice President Hubert Humphrey, tified as an effort to enhance racial di- livious to: Preferences hurt all of those who helped to write the act of 1964. versity in a work force. Mr. Van Dyk has also noted, outside the preferred groups in any given instance, not just white males. I have many problems with the ad- Affirmative action was intended as nothing ministration’s position in this case. more than a late footnote to central civil That is the dodge that they hide behind all the time. We are finding they are Let me mention one. I am deeply dis- rights and social legislation of the early and turbed by the sweeping rationale DOJ mid-1960s meant to remove from American hurting everybody. life discrimination against—or for—any per- Once we draw a line based on race, advanced in support of the preference son or group. The objective of a generation ethnicity, or gender, we create new vic- in this case. In its amicus brief—or of civil-rights fighters of all races and colors tims of discrimination. friend of the court brief—the Depart- had been to give every American an equal When Miami Dade Community Col- ment of Justice relied on Justice Ste- chance at the starting line—but not a guar- lege, for example, offers five faculty ven’s concurring opinion in Johnson, anteed outcome at the finish line. fellowships for males of African de- which defended preferences by public My old boss Hubert Humphrey, principal and private employers in very broad sponsor of the 1964 Civil Rights Act, made scent, white males are not the only vic- clear during congressional debate that tims. Females of African descent are terms, including increasing the diver- quotas, racial preferences, set-asides and discriminated against, as are Asians sity of a work force for its own sake. other discriminatory measures were totally and Hispanics. But this program is If the open-ended view taken in at odds with the justice sought through the fully consistent with the administra- DOJ’s brief prevails, what is left of the act. Title VII of the act, in fact, explicitly tion’s actual policies. actual language of title VII? Title VII’s bans preferences by race, gender, ethnicity If President Clinton is truly con- language bans discrimination in em- and religion. ployment because of race. Narrow ex- No one could have predicted then that af- cerned about equal opportunity, he firmative action would be transformed into a should straighten out the policies of ceptions to title VII’s plain language in quasi-entitlement or that well-meaning his own administration. Weber and Johnson, unfortunate as next-generation leaders, including President He could start with the Department they are, do not extend as far as the Clinton and Hillary Rodham Clinton, would of Justice, which of course, as chair- facts in Piscataway. The Clinton ad- insist on rigid racial, gender and ethnic man of the Judiciary Committee, I ministration’s rationale in Piscataway, quotas in filling federal appointments. have the responsibility of overviewing. it seems to me, turns the statute up- These quotes are from the Washing- That is one reason why I am taking side down. It is an open invitation to ton Post, March 9, 1995 edition. time to make this statement today. widespread discrimination. April 16, 1996 CONGRESSIONAL RECORD — SENATE S3343 President Clinton should have repu- ments and Resources and for Readiness If President Clinton is really serious diated the Justice Department’s ex- addressed the subject of improving rep- about equal opportunity, he will repu- treme position in this case. Instead, he resentation. It is from the Under Sec- diate that memorandum. endorsed it. Now, he tries to claim he retary of Defense for Personnel and Let us take another example of the opposes reverse discrimination? In Readiness, Edwin Dorn. Clinton administration’s drive toward Piscataway, he advocates it. The court The memorandum expresses concern equal results. The November 15, 1994, of appeals in that case has recently re- about the job representation of, for ex- FAA Weekly Employee Newsletter jected the administration’s effort to ample, minorities and women. That is states, ‘‘More than half of the GS–15 participate further in the case. I hope a fair concern, and the issue becomes, management positions recently filled it upholds the lower court, notwith- how do you address that concern. The through the Air Traffic National Selec- standing the Clinton administration’s memorandum seems to call for recruit- tion System were minorities and fe- change of heart. ment of minorities and women as appli- males. ‘This is in line with Air Traffic’s Moreover, the Justice Department cants for jobs, which I believe is en- commitment to fill one out of every largely echoed its Piscataway brief in tirely appropriate. But listen to how two vacancies with a diversity selec- the wide-ranging rationales it will ac- this concern is further addressed in the tion,’ said acting Associate Adminis- cept for preferential hiring in the Fed- memorandum. Listen to how subtle trator for Air Traffic, Bill Jeffers.’’ eral Government. The Justice Depart- pressure is placed on subordinates to Rather than achieve equal opportunity ment’s claim that whenever an em- put a premium, a preference, on irrele- by recruiting widely and hiring fairly, ployer can produce statistics, anec- vant characteristics at the point of hir- without regard to irrelevant character- dotes, or expert testimony, it can jus- ing or promotion. istics, the Clinton administration tify racial, ethnic, and gender pref- The memorandum reads in part: prides itself on a process, driven not by erences in order to meet its operational Secretary Perry is holding me responsible equal opportunity, but by equal re- for improving representation within the Of- sults. needs is a giant leap down the wrong fice of Under Secretary of Defense for Per- road for this country. The President When asked at a congressional hear- sonnel and Readiness. For this reason, I need ing on June 27, 1995, whether the ad- should repudiate this memorandum to be consulted whenever you are confront- and start over again. He has had to ing the possibility that any excepted posi- ministration opposes quotas, the Presi- countermand the Justice Department tion, or any career position at GS–15 level dent’s Attorney General said yes. Yet, in a pornography case and a religious and higher, is likely to be filled by a can- when asked about the propriety of this liberty case, so I am not suggesting didate who will not enhance your organiza- FAA policy, the Attorney General re- anything new for this President. tion’s—and thus Personnel and Readiness’s— fused to answer three times, hiding be- diversity. By working together, we may be hind the President’s ongoing, long-run- Let me be clear: I favor racial diver- able to make faster progress. We know that sity and integration. The question is, ning Adarand review. There was no ex- there is a problem; it may be apparent even cuse for failing to repudiate the FAA’s how does an employer achieve it? I be- at our own staff meetings . .. lieve the proper way of doing so is re- policy if this administration was seri- Notice that whenever there is a mere ous about equal opportunity, rather cruiting widely, including among those possibility that a person in one of the who traditionally do not apply for a than treating it as a political problem nonpreferred groups is even likely to be to be managed with euphemisms and job, and then hiring on a nondiscrim- hired or promoted for any of the cov- inatory basis, letting the numbers then dodges. ered positions, race and gender must President Clinton’s omnibus health fall where they may. We should not then come into play. The Defense De- care bill in the last Congress provides seek to achieve diversity by trumping partment may try to explain that any yet another example of how this ad- the principle of equal opportunity for way it wishes. But the euphemistic ministration really views preferences individuals. phrase making faster progress, as a and has sought to foster preferences The Clinton administration, in con- practical matter, means: if you are and reverse discrimination. The Clin- trast, believes diversity can and should about to hire or promote a male or a ton health care proposal would have be reached by discrimination and pref- nonminority, presumably on the basis given a national council power to set erences, even in cases involving lay- of merit, do not do it until you check limits on the number of medical stu- offs, as in the Piscataway case. Indeed, with your superiors and we may well dents in various specialties and would as I mentioned earlier, its brief in this prefer someone else on the basis of race have allocated funding among various case, after changing sides, together or gender to improve our numbers. In- medical training programs. The bill with its recent guidance to Federal deed, in the next paragraph, the memo- said that among the factors the na- agencies, embraces multiple, sweeping randum states, ‘‘I believe that the in- tional council must consider in allocat- rationales for reverse discrimination formal process outlined above will ing specialty slots is, with little limit, at least in the context produce results. If not, we will need to of hiring, promotion, and remarkably, . . . the extent to which the population of employ a more formal approach involv- training participants in the program in- layoff. ing goals, timetables and controls on cludes training participants who are mem- This is a recipe for the division, po- hiring decisions.’’ bers of racial or ethnic minority groups, larization, and balkanization of our The problem to the Clinton adminis- [and] with respect to a racial or ethnic group people. It does not bring us together. tration is not discrimination. The represented among the training participants, The drafters of the 1964 Civil Rights problem to the Clinton administration the extent to which the group is Act, such as Hubert Humphrey, have is the absence of a particular propor- underrepresented in the field of medicine shown us a better way. Instead, Presi- tion of each group. By singling out hir- generally and in various medical specialties. dent Clinton is taking us far away from ing and promotion of white males for It was not enough, then, that the the principle of equal opportunity for special scrutiny, this office in DOD dis- medical school comply with title VI individuals. criminates against them. While this which bans racial and ethnic discrimi- No matter how much the purveyors approach is already a formal one—see nation in programs receiving Federal of preference try to candycoat or obfus- me before you hire a white male—the aid. It was not enough to recruit wide- cate their policies with euphemisms, threat of even more draconian meas- ly for applicants. The Clinton adminis- they cannot mask the outright dis- ures makes it even more likely that his tration wanted to tell medical schools crimination they are supporting. They subordinates will make sure they are that the more members of a particular cannot fool the American people. on board in their hiring to begin with. group they enroll, the more likely it is Let me mention just some of the Antidiscrimination laws already that they will get a financial alloca- other manifestations of the Clinton ad- apply to the Defense Department to en- tion. How many members of the ministration’s policy of preference. An sure equal opportunity. The Depart- groups? The bill did not say, a new August 10, 1994, memorandum to As- ment is also certainly capable of re- twist on preferences and their encour- sistant Secretaries of Defense for Force cruiting widely for job applicants. But agement. Mr. President, if you were a Management; Health Affairs; and Re- the Clinton administration is going rational medical school administrator serve Affairs and to the Deputy Under well beyond this with its pervasive pol- competing for scarce Federal dollars, Secretaries of Defense for Require- icy of preference. and this bill had become law, how S3344 CONGRESSIONAL RECORD — SENATE April 16, 1996 would you react? Would you simply re- unwise. In a statement that only Dynalantic Corp. versus Department of cruit widely and then select medical George Orwell could have loved, the Defense case, which tenaciously de- students on the basis of merit and tal- Clinton administration’s chief civil fended racial contract preferences gen- ent, without regard to race or eth- rights enforcer condemned the Califor- erally and under the section 8(a) pro- nicity? Or would you make sure that nia Regent’s action as an abandonment gram. race and ethnicity play a role in the se- of ‘‘the ideals that have been with us The President may suspend a few lection of students, as well? This is a since our founding as a nation.’’ more programs that represent the financial incentive for preference. This is another example of how the worst abuses. But, Mr. President, one The revised Clinton health bill, S. President does not get it: The Califor- cannot split the difference on the prin- 2357, introduced in August 1994, actu- nia Regent’s new policy is a step that ciple of equal opportunity. ally added women to racial and ethnic reflects our Nation’s ideals. If the There are numerous preferential pro- groups in this preference provision. Of President was truly concerned about grams and policies operated by the course, Federal law since 1972 already fairness, equal opportunity, and Federal Government, a number of bans discrimination against women in against reverse discrimination, he which the President can abolish. For federally assisted education programs. would have supported Gov. Pete Wilson example, he could eliminate the use of Instead of relying on our non- and the California Regents. Nothing numerical racial, ethnic, and gender discrimination laws which were writ- better sets out the starkly different vi- employment goals for Federal contrac- ten to protect these people and relying sions of this administration and those tors. Executive Order 11246 requires on recruitment of the right kind, the of us who believe in equal opportunity Federal contractors to undertake af- Clinton administration actually made for all Americans than the Clinton ad- firmative action to ensure non- this provision more preferential than it ministration’s attempted bullying of discrimination. It does not require nu- was less than a year before. California on this matter. Nothing bet- merical goals. Numerical goals are a If President Clinton is so concerned ter belies this administration’s claim bureaucratic creation which the Presi- about fairness and doing the right to be reformist—though the adminis- dent could end with a stroke of a pen. thing, I respectfully suggest that, as a tration may tinker here and there, it is The section 8(a) contract set-aside first step, he ought to stop doing the essentially a defender of the status program at the Small Business Admin- wrong thing. quo. istration is another example. Section There are a number of other exam- This administration is fostering pref- 8(a) is intended to assist small busi- ples. Let me mention the Podberesky erences in mortgage lending and prop- nesses owned by socially and economi- versus Kirwan case. erty insurance through groundbreaking cally disadvantaged persons. The stat- In addition to need-based financial misuse of fair housing and fair credit ute defines a socially disadvantaged aid, the University of Maryland at Col- laws. The then acting director of the person as someone who has been dis- lege Park [UMCP] offers two merit- Office of Thrift Supervision has even criminated against because of racial, based scholarships. No. 1, the Banneker questioned some of these tactics. ethnic, or cultural bias. But the SBA scholarship, is for black students only. The President, in undertaking his re- regulations require that members of view of affirmative action, reminds me Podberesky, a Hispanic student, ap- some racial or ethnic groups be pre- of the French Police Chief in the movie plied for a Banneker scholarship. Al- sumed to be socially disadvantaged. All ‘‘Casablanca’’ who pretended not to though he met the minimum require- others seeking entry into the 8(a) pro- know gambling was taking place in the ments, he was turned down because he gram must prove they are socially dis- nightclub he frequented. President is not black. He is Hispanic. advantaged. The President should Clinton would apparently be shocked, The Department of Justice defended order the deletion of this preference. shocked to learn that reverse discrimi- the program as a remedy for the All American small businessowners nation is openly, knowingly, and tena- present effects of past discrimination should have an equal chance to com- ciously fostered and defended by his ad- in Maryland’s public higher education pete for 8(a) contracts. ministration in practice. Even now, I system. The district court ruled for the Moreover, aside from these three believe the Clinton administration is university, but the fourth circuit re- areas, there are many other Federal working hard to devise ways of perpet- versed and granted Podberesky sum- policies and programs that contain uating as much preference as possible, mary judgment. The fourth circuit said preferences. What does the President giving up just enough to make it seem that the university did not have suffi- intend to do about them? as if they are doing something about it. cient evidence of present effects of its What is the President’s action really Even then, as I will explain in a mo- prior discrimination to justify a pref- about? The answer seems to lie in the ment, the administration is attempting erence in its scholarship program, and, candid remark of an administration of- to mislead the American people. in any event, its effort is not narrowly President Clinton is out of touch ficial, cited in the May 31, 1995, New tailored to serve its purported remedial with mainstream America on the issue York Times. In that story, the New purpose. of equal opportunity. York Times reported that ‘‘an adminis- Instead of justifying this reverse dis- Mr. President, it is not enough to tration official said there might be crimination, the Clinton administra- nibble at the edges of a problem. some political benefit if black business tion should be fostering race-neutral fi- The administration has announced executives criticized the Administra- nancial aid policies. its suspension of one of the preference tion’s eventual proposals. ‘We want When the California regents ended re- programs operated by the Federal Gov- black businessmen to scream enough to verse discrimination in their policies ernment. This is a contract set-aside let angry white males understand in the California State university sys- program operated at the Defense De- we’ve done something for them,’ said tem, how did the Clinton administra- partment, the so-called rule of two pro- the anonymous official.’’ tion respond? The President’s Chief of gram. I approve of this small, first Indeed, President Clinton went to Staff, Leon Panetta called it a terrible step, but it is so much window-dressing California over the Labor Day weekend mistake. The Clinton administration thus far in the administration’s review. and claimed credit for Congress’ repeal sought to bully California and perhaps Indeed, after making a large public re- of an FCC racial preference in the sell- intimidate others. It initially threat- lations splash about the suspension of ing of broadcast properties earlier this ened a possible cutoff of Federal aid this program, the Department of De- year. His administration, of course, re- and Federal contracts. Mr. Panetta, re- fense made a much quieter announce- sisted repeal of that preference, and ferring to the California universities’ ment in the Federal Register on De- then wanted it modified, not repealed. Federal aid, said, ‘‘Obviously the Jus- cember 14, 1995. It proposed a new pref- His own spokesman had to acknowl- tice Department and the other agencies erence for awarding certain contracts edge as much. And, as I mentioned ear- are going to review the relationship.’’ by adding 10 percent to the total price lier, in December, his administration The President’s chief civil rights en- of all offers other than those from recently proposed a brand new pref- forcer, Assistant Attorney General small minority businesses. erence at the Department of Defense Deval Patrick, called this policy of And, shortly thereafter, the Clinton and continues to defend other pref- equal opportunity a shame. He called it administration filed a brief in the erences. April 16, 1996 CONGRESSIONAL RECORD — SENATE S3345 Let me conclude with the words of could persuade the most vehement to my office, accompanied by his jus- Prof. William Van Alstyne, in a 1979 skeptic of the value of his vision and tifiably proud mother. Lucius Wade Ed- law review article: efforts for our country. He served in a wards, 16, had just come from the . . . one gets beyond racism by getting be- variety of roles, and in each he ex- White House. He had visited with First yond it now: by a complete, resolute, and celled. His days as an effective leader Lady Hillary Rodham Clinton who credible commitment never to tolerate in with the National Urban League dem- praised him for having been 1 of the 10 one’s own life—or in the life or practices of onstrates this, where he became deputy finalists in a contest sponsored by the one’s government—the differential treat- executive director, general counsel and National Endowment for the Human- ment of other human beings by race. Indeed, vice president of the Urban League’s ities and the Voice of America. that is the great lesson for government itself to teach: in all we do in life, whatever we do Washington, DC office. His father, John R. Edwards; his in life, to treat any person less well than an- Ron Brown’s boundless energy and mother, Elizabeth Anania Edwards, other or to favor any more than another for commitment to excellence did not stop and his younger sister, Kate, accom- being black or white or brown or red, is at the National Urban League. It con- panied him to the White House living wrong. Let that be our fundamental law and tinued to help him break racial bound- quarters for his visit with Mrs. Clinton. we shall have a Constitution universally aries and become the first African- Wade was being honored for his hav- worth expounding. American to head a major political ing written a poignant essay entitled, This is ‘‘Rites of Passage: Race, the party, helping to elect the country’s What It Means To Be An American. Wade Supreme Court, and the Constitution:’’ first Democratic President in 12 years; described going with his father to vote. in the Chicago Law Review. I have to the first African-American to become a It was, as I said at the outset, Mr. say I fully agree with that. partner in his powerful Washington, DC President, March 14, 1996, when Wade Mr. President, this is an important law firm; and the first African-Amer- and his dear mother stopped by my of- set of issues. We cannot ignore them. ican to take the helm at the U.S. De- fice. Three weeks later, on April 4, We are going to divide this country partment of Commerce. Wade died in an automobile accident more than ever if we keep doing this I know of no chairman of the Demo- that involved no carelessness, no reck- system of preferences that has been cratic National Committee who was lessness, no failure to wear his seat- going on in this administration and, better regarded, whose fundraising belt. It was just one of those tragic alas, unfortunately, in some prior ad- calls were more frequently returned, or things that happen, and it snuffed out ministrations as well. I hope that we whose hardships and public statements the life of this remarkable young man. can do a lot about this. I hope that we were more well regarded—Ron Brown Mr. President, in a moment I shall will make headway against these pref- was tops. ask unanimous consent that two im- erences and these inappropriate treat- In my view, Ron Brown’s stewardship portant insertions into the RECORD be ments of fellow American citizens as as Secretary of Commerce was unparal- in order. The first will be the text of we move on into the future. leled. He truly cared about his work the award-winning essay written by I hope the administration will pay and those the Department serves, and Wade. It is entitled ‘‘Fancy Clothes and attention to some of the things that I the record reflects accurately billions Overalls.’’ have brought up here today. of dollars in trade and new business The second is an account, published f that will, in the future, benefit this in the Raleigh News and Observer on country’s businesses and industrial THE UNTIMELY DEATH OF SEC- April 4, 1996, relating to the tragic base. RETARY OF COMMERCE RON death of Wade Edwards. I find the circumstances of his un- I now ask unanimous consent, Mr. BROWN timely death to be particularly poign- President, that the two aforementioned Mrs. FEINSTEIN. Mr. President, I ant. Here he was, leading a group of documents be printed in the RECORD at would like to comment briefly on the business people and his staff, on a mis- the conclusion of my remarks and in tragic death of Secretary of Commerce sion of peace to the war torn land of the order specified by me. Ron Brown, which occurred last week the former Yugoslavia. There being no objection, the mate- in Croatia. He did not wait for peace to be re- rial was ordered to be printed in the I have know Ron Brown and his fam- stored. He went when risks of hostile RECORD, as follows: ily for 12 years. Ron was a friend of action were still present. He did not FANCY CLOTHES AND OVERALLS mine, and a friend of the State of Cali- wait for pleasant weather before (By Wade Edwards) fornia. One of his first duties as Com- springing into action. And, he did not A little boy and his father walk into a fire- merce Secretary was to find ways to just work on economic issues. He also house. He smiles at people standing outside. resuscitate California’s economy, and spent time with our troops over there, Some hand pamphlets to his father. They he helped to do just that. Ron Brown to let them know we support their ef- stand in line. Finally, they go together into made the Department of Commerce a forts. a small booth, pull the curtain closed, and positive force for helping the largest Mr. President, we have lost a great vote. His father holds the boy up and shows State in the Union recover from the American in Ron Brown. Whether it him which levers to move. devastating recession of the early was politics, or crafting legislation for ‘‘We’re ready, Wade. Pull the big lever 1990’s. now.’’ the Senate, or civil rights, or military With both hands, the boy pulls the lever. Ron had a vision of a prosperous service, or being a husband and a fa- There it is: the sound of voting. The curtain America, where the cliche that ‘‘a ris- ther, Ron Brown was a great patriot, opens. The boy smiles at an old woman leav- ing tide lifts all boats’’ could actually and a great human being. I shall al- ing another booth and at a mother and come true. He focused his Department ways treasure the relationship he and I daughter getting into line. He is not certain and this administration on looking for had, and I shall miss him terribly. exactly what they have done. He only knows opportunities to help the American To Alma Brown and Tracy, who have that he and his father have done something economy make the transition from the traveled with me in the campaign, I important. They have voted. era of heavy industry to an era of high This scene takes place all over the coun- send my heart and prayers. With all his try. technology, scientific innovation, and family, I share an unrelenting empti- ‘‘Pull the lever, Yolanda.’’ the advancement of the current revolu- ness and sadness. I will miss the phone ‘‘Drop the ballot in the box for me, Pedro.’’ tion in communications. calls, the smile, the exploits from Wades, Yolandas, Pedros, Nikitas, and Ron helped formulate this vision, progress, and, most of all, his abiding Chuis all over the United States are learning made sure that his Department gave and consummate belief in all of us. the same lesson: the satisfaction, pride, im- portance, and habit of voting. I have always grants and other forms of assistance to f firms pursuing it, and at the time of gone with my parents to vote. Sometimes his death was advocating that vision to LUCIUS WADE EDWARDS JULY 18, lines are long. There are faces of old people 1979–APRIL 4, 1996 and young people, voices of native North other parts of the world. Carolinians in southern drawls and voices of But even more important than his Mr. HELMS. Mr. President, on March naturalized citizens with their foreign ac- career was the man himself. Always 14 of this year, one of the most impres- cents. There are people in fancy clothes and upbeat, with ceaseless energy, Ron sive young men I have ever met came others dressed in overalls. Each has exactly S3346 CONGRESSIONAL RECORD — SENATE April 16, 1996 the same one vote. Each has exactly the lected as one of the ten finalists nationwide. exact word he uses. The abuse is very same say in the election. There is no place in As a result, in March he was invited by the much undeserved. America where equality means as much as in National Endowment for the Humanities and I express my warmth, affection, and the voting booth. Voice of America to receive an award in respect for my friend from Wyoming as My father took me that day to the fire- Washington, D.C. During that visit, he had a house. Soon I will be voting. It is a respon- personal audience with the First Lady, Hil- we continue this important debate, and sibility and a right. It is also an exciting na- lary Rodham Clinton in the private quarters respect for his staff, also, which has tional experience. Voters have different of the White House. With his father, mother, worked so hard on these issues. I want backgrounds, dreams, and experiences, but and sister watching, he received his award in him to know that I, as chairman of the that is the whole point of voting. Different the Indian Treaty Room. He recorded his Judiciary Committee, particularly ap- voices are heard. essay for international broadcast over Voice preciate his help and his work in the As I get close to the time I can register of America. markup of this very important bill. I and vote, it is exciting. I become one of the Wade had a greater impact than his many just want him to know how much we voices. I know I will vote in every election. achievements. He made many friends with I know that someday I will bring my son his wide smile and easy way. He had a genu- respect him and others who are work- with me and introduce him to one of the ine sweetness and compassion that made his ing on this bill, as well. great American experiences: voting. friends cherish him. He was always affection- Mr. SIMPSON. Mr. President, I do Wade Edwards, 16, is a junior at Broughton ate and loving with his family, which, in this thank my friend and colleague from High School, the oldest high school in Ra- time, gives great comfort. And in return he Utah. It is a great pleasure always to leigh, North Carolina. He has played on was well-loved in his home, in his school, and work with Senator ORRIN HATCH. We Broughton’s soccer team, participated in in his community. have done that, now, for 171⁄2 years to- student government and has been an editor In addition to his parents, Wade is survived gether. There is not a person I enjoy on the yearbook staff. He is also a member of by his sister, Kate, maternal grandparents, more—his spirit, energy, and back- the Key Club, the Junior Classical League, Vincent and Elizabeth Anania of Melbourne, and the Latin Honor Society. This year Wade Fla., paternal grandparents, Wallace and ground as a pugilist, which has cer- was selected to attend the National Youth Catherine Edwards of Robbins, N.C. tainly helped him. Would that I had Leadership Forum on Law and the Constitu- Funeral service will be at 11 a.m. Monday studied pugilism as he had in my tion. After school, he works as a messenger at Edenton Street United Methodist Church. youth, because he gives as good as he for a law firm. One of the accomplishments The family will receive friends at Brown- gets. He is a wonderful friend, and I of which Wade is not proud was achieved out- Wynne Funeral Home, St. Mary’s Street thank him. side of high school—last summer he success- from 7–9 p.m. Sunday. Burial will follow in As we proceed to these next 2 days, fully climbed Mount Kilimanjaro, the high- Oakwood Cemetery. this issue is such a marvelous issue, est peak in Africa, with his father and two In lieu of flowers, the family asks that do- friends. nations be made to a Memorial Fund at filled simply with emotion, fear, guilt, Broughton High School, St. Mary’s Street, and racism, and it is a political loser. LUCIUS WADE EDWARDS Raleigh, in Wade’s name to be used to create It has never pushed me up a peg in po- RALEIGH.—Lucius Wade Edwards was born a memorial befitting Wade’s special gifts and litical life, but somebody has to do this in Nashville, Tennessee, on July 18, 1979, the contributions. particular work, and the Senator has first child of John R. Edwards and Elizabeth f given me the ability and the leeway to Anania Edwards. He moved at two years old go forward with it as your subcommit- CONCLUSION OF MORNING with his family to Raleigh. He moved into tee chairman. I am deeply appreciative BUSINESS the house he calls home the day after his of it. loving sister, Kate, was born. He chose the The PRESIDING OFFICER. Morning Mr. President, I suggest the absence green room and quickly filled it with the business is closed. of a quorum. imagination of a boy. In elementary school Mr. SIMPSON. Mr. President, I sug- at Aldert Root, he made lasting friendships The PRESIDING OFFICER. The and, when his sister joined him, he was the gest the absence of a quorum. clerk will call the roll. The bill clerk perfect big brother, walking her home each Mr. HATCH. Would the Senator with- proceeded to call the roll. day hand and hand. Wade played basketball hold that? Mr. KYL. Mr. President, I ask unani- at the Salvation Army, the YMCA, and the Mr. SIMPSON. I withhold. mous consent that the order for the Jaycee Center. He played soccer for years f quorum call be rescinded. with CASL, eventually on the Broncos The PRESIDING OFFICER. Without IMMIGRATION CONTROL AND FI- coached by his father, and later on the Rene- objection, it is so ordered. gades. Wade attended middle school at Ligon NANCIAL RESPONSIBILITY ACT Mr. KYL. Mr. President, let me begin for two years, where his poetry was pub- OF 1996 lished and he won a countrywide computing by applauding the leadership of Sen- award, and at Daniels for one year. He really Mr. HATCH. Mr. President, since we ators SIMPSON and HATCH and the rest began to become a young adult when he have just turned to the illegal immi- of the Judiciary Committee in passing started attending Broughton High School in gration reform bill, I ask the indul- out of the committee this very impor- 1993. He made the Junior Varsity Soccer gence of the two managers for a few tant immigration bill to stem the tide team in his freshman and sophomore years. minutes. I want to pay tribute to my of illegal immigration in our country, He joined various organizations, such as Jun- friend and colleague, the senior Sen- both among those who come here ille- ior Classical League, Key Club, and the year- ator from Wyoming. For some 17 gally and those who come here legally book staff, where he was organizations editor years—really, 17 years plus—Senator this year. but who do not leave our country when In the summer between Wade’s sophomore SIMPSON has taken on the difficult and their visas expire. It has been said be- and junior years in high school, Wade at- often thankless task in dealing with fore that, according to the INS, these tended and completed the eighteen day the immigration issue, an issue which visa overstayers represent about 50 per- Rocky Mountain Outward Bound program. stirs the emotions, and one which peo- cent of the illegal population. Immediately after that, Wade and his father ple become very passionate about. He The bill we are debating this week flew to Africa, where they met with close has always taken on this task with also includes provisions to crack down friends and together successfully climbed spirit, diligence and intelligence. His on criminal aliens and alien smugglers Mount Kilimanjaro. It was the accomplish- views were always thoughtful. ment of which he felt most proud. and to ensure that neither illegal nor In his junior year, Wade was invited to at- From time to time, I have disagreed legal immigrants come to the United tend and did attend the four day National with my friend from Wyoming on some States to take jobs from taxpayers or Youth Leadership Conference on Law and immigration issues, but the record to depend upon our Nation’s welfare the Constitution in Washington, D.C. A short should be crystal clear that my friend benefits. story he wrote based on his Outward Bound from Wyoming is a man of great good There will be an effort on the floor to experiences was chosen for publication in will, a good will he brings to this issue. pass a sense-of-the-Senate resolution Broughton’s literary journal and won second He often takes unfair criticism. Indeed, declaring that any attempt to reform place in the Raleigh Fine Arts Society com- to borrow one of many pithy phrases I laws related to legal immigration petition for all Wake County eleventh grad- ers. He wrote an essay on the topic What It will soon miss from my friend, my should be considered separately from Means To Be an American for the National friend has had several metric tons of illegal immigration reform. I oppose Conversation Essay contest. He wrote about garbage dumped on him over this this effort and will speak against it voting with his father. His essay was se- issue—although garbage is not the when it is offered. April 16, 1996 CONGRESSIONAL RECORD — SENATE S3347 I plan to offer an amendment with criminal aliens. The State also spends from law-abiding taxpayers, the bill di- Senator SIMPSON that will provide a $55 million annually in Arizona tax- rects the Attorney General to conduct temporary 10-percent reduction in payer money to provide free education regional and local pilot employer ver- overall legal immigration. This is a to persons who are in this country ille- ification projects to ensure that em- very modest reduction, but it will at gally. Clearly, illegal immigration im- ployees are eligible to work in the least provide a sharp contrast to the poses great costs on our citizens. United States. Employers are already increase in immigration that will re- Mr. President, I suggest the absence required to fill out the I–9 form to ver- sult under the bill as it was amended in of a quorum. ify the eligibility of employees. How- the committee. The PRESIDING OFFICER (Mr. ever, the I–9 system is open to fraud It is important to make clear that GRASSLEY). The clerk will call the roll. and abuse—participants in the new sys- immigration will not be reduced under The bill clerk proceeded to call the tem will be, for the most part, exempt the committee bill. Immigration will roll. from the I–9 requirement. An improved increase at a slightly lesser rate than Mr. KYL. Mr. President, I ask unani- verification system will protect em- under current law, but it will increase. mous consent that the order for the ployers from unintentionally hiring il- Having said that, Mr. President, I quorum call be rescinded. legal aliens and also protect potential move to the bill we are debating today The PRESIDING OFFICER. Without job applicants from discrimination. and one of great importance to the Na- objection, it is so ordered. The bill specifically prohibits the es- tion, and specifically to my home State Mr. KYL. Mr. President, I will con- tablishment of any national ID card. of Arizona. Immigration and Natu- tinue on with my comments. Employee verification can only be used ralization Service figures show that il- Arizona is not the only State dra- after an employee is offered a job, and legal immigrants are entering Arizona matically affected by illegal immigra- would require a subsequent vote in at a faster rate than they are entering tion. The INS estimates that there are Congress before a national system any other State. Over the past year, 4 million illegal immigrants in the could be established. I was pleased that Arizona has surpassed even Texas in il- United States and that this number is the committee passed my amendments legal immigrant apprehensions. Cali- growing by 300,000 to 400,000 each year. to limit liability and cost to employers fornia is the only State with higher ap- While the United States has always who participate in any system. prehension levels, and although appre- been, and should continue to be, a land Importantly, this bill will assist our hensions have decreased somewhat in of opportunity for U.S. citizens and for Government in its primary responsibil- what had been the hot spot for illegal those who come here illegally, we sim- ity; protecting U.S. borders and enforc- entry in Nogales, AZ, apprehensions for ply cannot afford as a nation to con- ing U.S. laws. After all, we are a nation March 1995 to March 1996 have in- tinue to incur the unrestrained costs of of laws. We cannot turn a blind eye to creased over 300 percent in the Nation’s illegal immigration—in jobs, in wel- those who break our immigration laws. newest hot spot for illegal entry, Doug- fare, in education, in health care, in We simply cannot afford to anymore. las, AZ. crime on our streets, and on our penal We must gain greater control over our Mr. President, I was in Douglas, AZ, system. To illustrate the effect, con- Nation’s borders, prevent illegal entry just about a week ago, in fact, a week sider that over one-quarter of all Fed- and smuggling, and detain and swiftly ago yesterday, and visited with com- eral prisoners are foreign-born, up from deport criminal aliens. S. 1664 will help munity leaders and with Immigration 4 percent as recently as 1980. Again, achieve these objectives. Increasing and Naturalization Service employees. over 25 percent of all Federal prisoners the number of Border Patrol agents, The situation in Douglas is extraor- are foreign-born. It was only 4 percent and improving technology and equip- dinary, to say the least, with thou- just 15 years ago. ment at the border has been one of my sands of illegal entrants into the coun- As we all know, yesterday was tax priorities, so I was particularly pleased try every month. As a matter of fact, day. It is not fair, given our $5 trillion that the committee adopted my in the first 2 months of this year al- debt and annual $200 million in deficit amendments to train 1,000 new Border ready, more people had been appre- spending, to ask law-abiding taxpayers Patrol agents through the year 2000 hended than in all of last year. What to pay for those who choose to violate and to require, as recommended by has happened is that as the INS has put our laws to come to this country ille- Sandia Labs in 1993, the construction more agents in Texas and in the San gally, or even to pay for legal immi- of a triple-tier deterrence fence along Diego area of California, the illegal im- grants who, once here, quickly come to the San Diego border; and to increase migration naturally shifted to Arizona, depend on our Nation for welfare and the number of INS detention spaces to first the port of Nogales, where last other public benefits. 9,000 by the year 1997. This increase in year that was the hottest spot in Ari- S. 1664 will go a long way toward detention space will raise by 66 percent zona. Now, with more agents having eliminating those incentives. Under detention space available to the INS to been put in Nogales the people are the bill, illegal immigrants are banned detain criminal aliens awaiting depor- moving from there, east, to Douglas from almost all public benefits pro- tation and other aliens who are at risk and crossing the border in that very grams outright and legal immigrants of not showing up for deportation or small community. As a result, it is will have to work 40 quarters before be- other proceedings. The bill also re- very, very important that there be ad- coming eligible for most benefits. I was quires the Attorney General to report ditional support provided for the Immi- pleased that the committee passed a to Congress on how many excludable or gration and Naturalization Service in number of amendments I offered to deportable aliens within the last 3 the Douglas area, including the addi- deal with this general issue: these in- years have been released onto our Na- tion of more agents. clude requiring the Education Depart- tion’s streets because of a lack of de- I note that at the moment, there are ment to report to Congress on the ef- tention facilities. some 60 temporary agents, but under fectiveness of a new system designed to In addition, the bill allows the Attor- labor union contracts they can only be ensure that ineligible aliens do not re- ney General to acquire U.S. Govern- assigned away from their permanent ceive higher education benefits, and re- ment surplus equipment to improve de- station for, I think, a period of 30 days. quiring the Federal Government to re- tection, interdiction, and reduction of In any event, 60 people translates into imburse States for the costs of provid- illegal immigration, including drug 15 people on the ground at any given ing emergency medical services and trafficking, and allows volunteers to time. There needs to be an additional ambulance services also passed. The assist in processing at ports of entry allocation of agents to the Douglas latter was offered on behalf of Senator and in criminal alien removal. These area. According to the Immigration MCCAIN. I also plan to offer an amend- provisions will go a long way toward and Naturalization Service, illegal im- ment during this debate to ensure that, effective control and operation of our migrants comprise about 10 percent of as the House did, illegal aliens do not Nation’s borders. the work force in Arizona. receive assisted government housing In addition to more effectively con- In addition, according to Governor benefits. trolling our border, further modifica- Fife Symington, Arizona incurs costs So that aliens do not come to this tion of our laws is needed to create dis- of $30 million every year to incarcerate country illegally and take jobs away incentives for individuals to enter the S3348 CONGRESSIONAL RECORD — SENATE April 16, 1996 United States illegally. I plan to offer entry, it will be more difficult for indi- Mr. DORGAN. The Senator from Wy- two additional amendments to deal viduals to simply fill out an asylum ap- oming yielded to the Senator from Ne- with this issue. The first would amend plication, be released into the streets, vada for a question. Does the Senator section 245(i) of the Immigration and and possibly never show up for asylum from Wyoming control time on the Nationality Act, so that illegal aliens proceedings. floor of the Senate at this point? who become eligible for an immigrant The bill we are debating this week in- Mr. SIMPSON. I have the floor, Mr. visa can no longer attain the visa by cludes provisions that Senator SIMPSON President. paying a fee that lifts the requirement and his staff have worked hard to de- The PRESIDING OFFICER. The Sen- to depart the United States. Section velop and protect. Many of them are a ator from North Dakota should be ad- 245(i) encourages people who are await- response to the Jordan Commission vised that Senator SIMPSON may yield ing an immigrant visa to jump ille- recommendations. It includes biparti- to the Senator from Nevada with con- gally ahead of others, simply by paying san provisions on which Senators from sent. a fee. Senator HUTCHISON and I also both sides of the aisle have diligently Is there any objection? plan to offer an amendment that, with worked. Mr. DORGAN. I object. a number of exceptions, would exclude As we begin to consider this impor- Mr. DORGAN addressed the Chair. for 10 years those who have entered tant bill, we have to remember that, The PRESIDING OFFICER. Objec- without inspection from obtaining a unless we protect our borders and in- tion is heard. visa. sist that our immigration laws are The Senator from North Dakota. taken seriously, we undermine the law, S. 1664 also makes clear that you Mr. DORGAN addressed the Chair. and that undermines the United States cannot skirt the law by entering the Mr. SIMPSON. Mr. President, what is as a land of opportunity for all—both country legally and then overstaying a the status of the situation on the floor foreign and native born. My grand- visa. Another amendment I offered at the present time? Objection is sus- parents immigrated to the United that the subcommittee adopted re- tained and not—— States from Holland. I think they quires individuals who have overstayed would be concerned about how our im- The PRESIDING OFFICER. At the their visas to return home to obtain migration system works today. present time, I will advise the Senator another visa, period. And, the last suc- The American dream must be kept from Wyoming that, absent unanimous cessful amendment regarding alive for citizens and for those who consent to do otherwise, the Senate, overstayers, offered by Senator ABRA- came here legally. A government not in under the previous order, will resume HAM and cosponsored by me, requires control of its own borders is not serv- consideration of S. 1664. visa overstayers to return home for 3 ing the public well. Mr. SIMPSON. Yes. But after the ob- years before applying for another visa. I urge my colleagues to pass a bill jection, then there is no yielding of any While this last amendment goes far, I that will address these important prob- measure to the Senator from North Da- plan to offer an amendment with Sen- lems. Again, I very sincerely thank the kota. He does not then take the floor. ator HUTCHISON that would, with a chairman of the Immigration Sub- The PRESIDING OFFICER. That is number of exceptions, exclude for 10 committee of the Judiciary Committee correct. years those individuals who have over- for his long years of work in this area Mr. DORGAN. Mr. President, par- stayed their visas for more than a year. and for his willingness to work with ev- liamentary inquiry. For those individuals who come to erybody on the committee to craft the Mr. SIMPSON. This Senator, I am this country and commit crimes—and best bill possible so that he can begin advised and wanted to be absolutely there are 450,000 criminal in jails and to deal with these serious problems. certain, does control the floor, and I at large in this country—there are pro- Mr. SIMPSON. Mr. President, I can yield to the Senator from Nevada, visions in the bill to keep them off our thank my colleague from Arizona. I and at the end of that time I intend to streets and deport more quickly. I am only want to say that it has been a yield to the Senator from Wisconsin, pleased that a bill I introduced last great joy to work with him on the Senator FEINGOLD, and to Senator year, to encourage the President to re- Committee on Immigration. He is a re- GRASSLEY, because we are doing an im- negotiate prison transfer treaties so markable contributing member, brings migration bill. We are not doing Social that aliens convicted of crimes can no a vigor and intelligence and skill to the Security. We are not doing balanced longer choose whether or not they committee, to the subcommittee, and budgets this morning. serve out their sentences here or in to the full committee. There could not Mr. DORGAN. Mr. President, par- their home country, was added to the be a finer new Member of the body par- liamentary inquiry. bill. Also passed was my amendment to ticipating in the measure, and it will Mr. SIMPSON. Those are subjects advise the President to renegotiate be a great personal satisfaction for me that the Senator from North Dakota these treaties so that if a transferred that he will continue on with this would like to address. prisoner returns to the United States issue. I certainly hope, also, that it The PRESIDING OFFICER. The Sen- prior to the completion of a sentence, might be in the capacity as chairman ator is correct. of the Subcommittee on Immigration. the U.S. sentence is not discharged. f The committee also passed a number of I know that Senator KENNEDY will amendments I cosponsored, offered by work with whoever my successor will IMMIGRATION CONTROL AND FI- be, and I think we will find certainly a NANCIAL RESPONSIBILITY ACT Senator ABRAHAM, that strengthen the detainment and deportation of crimi- great deal of pleasure in working with OF 1996 nal aliens in other ways. Senator KYL. I thank him very much The PRESIDING OFFICER. Under There are a number of other provi- for all that he has done. the previous order, the Senate will re- I yield to Senator BRYAN of Nevada sions in this bill that are important, sume consideration of S. 1664, which since the business of the floor is the including provisions to streamline the the clerk will report. immigration bill and since I hold the system by which asylum seekers apply Mr. DORGAN. Parliamentary in- floor. to stay in the United States. While ref- Mr. DORGAN. Mr. President, regular quiry. ugees are still offered important pro- order. The bill clerk read as follows: tections, abuse of the system will be Mr. SIMPSON. I hold the floor. I be- A bill (S. 1664) to amend the Immigration largely curtailed by a new system al- lieve that is the case. and Nationality Act to increase control over lowing specially trained asylum offi- Mr. DORGAN. Mr. President, par- immigration to the United States by increas- cers at ports of entry to determine if liamentary inquiry. ing border patrol and investigative personnel refuge seekers have a credible fear of Mr. SIMPSON. You recognized me. I and detention facilities, improving the sys- persecution. If they do, then they go tem used by employers to verify citizenship intended to yield to Senator BRYAN. or work-authorized alien status, increasing through the process of establishing a Mr. DORGAN. Mr. President, par- penalties for alien smuggling and document well-founded fear of persecution in liamentary inquiry. fraud, and reforming asylum, exclusion, and order to stay in the United States. The PRESIDING OFFICER (Mr. deportation law and procedures; to reduce By allowing these especially trained KYL). The Senator will state the par- the use of welfare by aliens; and for other officers to make decisions at ports of liamentary inquiry. purposes. April 16, 1996 CONGRESSIONAL RECORD — SENATE S3349 The Senate resumed consideration of The PRESIDING OFFICER. The Sen- resenting leadership. What we are try- the bill. ator from North Dakota is correct to ing to do is go forward with an immi- Pending: this extent: The pending business is S. gration bill. There will be many extra- Dorgan amendment No. 3667, to express the 1664. The chairman of the Immigration neous amendments on this bill, I feel sense of the Senate that a balanced budget Subcommittee, Senator SIMPSON, has quite certain. All I am trying to do is constitutional amendment should protect the right to be recognized under that to get to the hour of 2:15, after which the Social Security system by excluding the receipts and outlays of the Social Security pending business. The Chair has recog- time the Senator from North Dakota trust funds from the budget. nized the Senator. may do anything that he desires to do Simpson amendment No. 3669, to prohibit Mr. DORGAN. Parliamentary in- with regard to the issue. foreign students on F–1 visas from obtaining quiry. At this time I yield the floor for pur- free public elementary or secondary edu- Mr. SIMPSON. Mr. President, may I poses of an opening statement by Sen- cation. just ask my friend from North Dakota? ator BRYAN of Nevada. Simpson amendment No. 3670, to establish a pilot program to collect information relat- I think the Chair could easily have de- Mr. DORGAN. I object, Mr. Presi- ing to nonimmigrant foreign students. termined that in recognizing the Sen- dent. Simpson amendment No. 3671, to create ator from North Dakota, it was for the Mr. BRYAN. I thank the Chair. new ground of exclusion and of deportation point of parliamentary inquiry. That Mr. DORGAN. Mr. President, I ob- for falsely claiming U.S. citizenship. was all that the Senator from North ject. Simpson amendment No. 3672 (to amend- Dakota was seeking. If he was recog- Mr. SIMPSON. There is not anything ment No. 3667), in the nature of a substitute. nized, which he was, then certainly it to object to. Several Senators addressed the was on the point of a parliamentary in- The PRESIDING OFFICER. Did the Chair. quiry. I think that is perhaps the con- Senator from Wyoming propound a—— Mr. DORGAN. Parliamentary in- fusion. Mr. SIMPSON. No; I did not propose quiry. Mr. DORGAN. Mr. President, par- The PRESIDING OFFICER. The Sen- a unanimous-consent request. I simply liamentary inquiry: The right of—— ator from North Dakota will state his yielded the floor to the Senator from The PRESIDING OFFICER. The inquiry, and then it is the Chair’s in- Nevada. Chair, the President, will state again tention to recognize the Senator Several Senators addressed the to the Senator from North Dakota that from—— Chair. Mr. DORGAN. Mr. President, the par- no one has the right to the floor when Mr. DORGAN. Parliamentary in- liamentary inquiry is this. When I of- the President is asking the clerk to quiry. That is not the way the Senate fered an objection to the unanimous- read the bill, which is the regular operates. consent request, the unanimous-con- order. At that point in time, the Sen- Mr. KENNEDY. The rules of the Sen- sent request was then not agreed to. At ator from Wyoming has the right to be ate require one can only yield for pur- that moment I said, ‘‘Mr. President,’’ recognized, and the Chair has recog- poses of a question. That has been the and the Chair recognized the Senator nized him. rule for 200 years. from North Dakota. So the Senator from Wyoming is rec- The PRESIDING OFFICER. The Sen- I do not quite understand that the ognized. ator from Massachusetts is correct. right of recognition on the floor of the Mr. DORGAN. Mr. President, par- Mr. DOLE addressed the Chair. Senate has changed because I read the liamentary inquiry. Did the Senator The PRESIDING OFFICER. The dis- rule book about the right of recogni- from Wyoming seek the floor when I tinguished majority leader. tion. After I was recognized, the Sen- made the objection to the unanimous- f ator from Wyoming then asked a series consent request? of questions of the Chair, from whom The PRESIDING OFFICER. No. RECESS he got a sympathetic answer, which Mr. DORGAN. Mr. President, after Mr. DOLE. Mr. President, I move we does not comport with the rules of Sen- the unanimous-consent request was stand in recess until 2:15. ate. made and I objected, for what purpose The PRESIDING OFFICER. Is there I would like to understand the cir- did the Presiding Officer recognize the objection to standing in recess until cumstances which existed when the Senator from North Dakota? The tran- 2:15? Chair recognized me after I objected. script will show that the President rec- Without objection, it is so ordered. The PRESIDING OFFICER. The Sen- ognized the Senator from North Da- The motion was agreed to, and, at ator knows that the stating of a par- kota at that point. 11:21 a.m., the Senate recessed until liamentary inquiry does not gain the The PRESIDING OFFICER. The Pre- 2:15 p.m.; whereupon, the Senate reas- floor. The Senator from Wyoming has siding Officer recognized the Senator sembled when called to order by the from North Dakota for the purpose of the floor. The floor was placed under Presiding Officer [Mr. COATS]. the regular order, which the Senator inquiring what the nature of the par- f from North Dakota had called for. liamentary inquiry was and recognized Under the previous order, the Senate the Senator from Wyoming and the WHITEWATER DEVELOPMENT resumed consideration of S. 1664, which manager of the bill, which is the pend- CORP. AND RELATED MATTERS— is the pending business. The Chair ing business. It automatically became MOTION TO PROCEED asked the clerk to report. The Senator the pending business. CLOTURE MOTION from Wyoming has the floor. Mr. DORGAN. Further parliamentary Mr. DORGAN. Parliamentary in- inquiry. I think a mistake has been The PRESIDING OFFICER. Under quiry. This Senator begs to differ with made here. I think I could easily under- the previous order, the hour of 2:15 p.m. the President. The circumstances of stand what the mistake is if we had the having arrived, under rule XXII, the the Senate were this: The Senator from transcript read back. clerk will report the motion to invoke Wyoming propounded a unanimous- The PRESIDING OFFICER. The Sen- cloture on the motion to proceed to consent request. The Chair asked if ator from Wyoming is recognized. Senate Resolution 227. there was an objection. The Senator Mr. SIMPSON. Mr. President, I hope The legislative clerk read as follows: from North Dakota objected. At that that all of us understand what the situ- CLOTURE MOTION point, the Senator from North Dakota ation is—I do anyway—and that is that We the undersigned Senators, in accord- addressed the President, ‘‘Mr. Presi- the Senator from North Dakota feels ance with the provisions of Rule XXII of the dent.’’ The President of the Senate rec- very strongly about an issue which he Standing Rules of the Senate, do hereby ognized the Senator from North Da- proposed yesterday that had to do with move to bring to a close debate on the mo- kota. At that point I was recognized a balanced budget amendment and So- tion to proceed to S. Res. 227, regarding the cial Security and offsets and that type Whitewater extension. and had the floor of the Senate. Alfonse D’Amato, Dan Coats, Phil I do not understand the ruling or the of thing, a rather consistent theme by Gramm, Bob Smith, Mike DeWine, Bill interpretation of the Chair that leads the Senator from North Dakota that he Roth, Bill Cohen, Jim Jeffords, R.F. to a different result. I would very much talked about. There is also a proposal— Bennett, John Warner, Larry Pressler, like to try to understand that. I am not leadership. I am not rep- Spencer Abraham, Conrad Burns, Al S3350 CONGRESSIONAL RECORD — SENATE April 16, 1996

Simpson, John H. Chafee, Frank H. DASCHLE arrives is consent that consid- will go on to the terrorism conference Murkowski. eration of the immigration bill be lim- report, after a statement by the distin- CALL OF THE ROLL ited to relevant amendments only. Ei- guished Senator from Wyoming, Sen- The PRESIDING OFFICER. The ther we will finish this bill or we will ator SIMPSON. Maybe while we are re- mandatory quorum call has been move to something else. It is my hope solving that bill, we could see if we can waived. we can complete action on the immi- resolve this one. VOTE gration bill by tomorrow evening and I said we passed this bill last May. It The PRESIDING OFFICER. The then go to the Kassebaum-Kennedy was June 7 that the terrorism bill question is, Is it the sense of the Sen- health care bill. passed by a vote of 91 to 8. We have ate that debate on the motion to pro- In the interim, we need to take care pretty much the same bill. I hope we ceed to the consideration of Senate of the conference report on terrorism. would not spend a great deal of time on Resolution 227, the Whitewater resolu- The original bill passed the Senate last the conference report. Then we can go tion, shall be brought to a close? May. We are prepared, if we cannot do back to the immigration bill if we can The yeas and nays are required. The business on the immigration bill, to work out an agreement. If not—— clerk will call the roll. move to the conference report on ter- Mr. DASCHLE. If I can respond to The legislative clerk called the roll. rorism. We would like to finish that so the distinguished majority leader, I Mr. LOTT. I announce that the Sen- that the House might complete action hope we could use whatever time we ator from Florida [Mr. MACK] is nec- on it by Thursday. have available to us to see if we can essarily absent. I now ask unanimous consent that find some mutually agreeable schedule I further announce that the Senator during the consideration of the pending here. Our desire is to come to final pas- from Alaska [Mr. MURKOWSKI] is absent immigration bill, the bill be limited to sage on an illegal immigration bill. due to a death in the family. relevant amendments only. We want to see that happen as badly I further announce that, if present The PRESIDING OFFICER. Is there as anybody else here in the Senate. We and voting, the Senator from Alaska objection? also recognize, however, that cir- [Mr. MURKOWSKI] would vote ‘‘yea.’’ Mr. DASCHLE. Mr. President, reserv- cumstances in the past have precluded Mr. FORD. I announce that the Sen- ing the right to object, I wonder how us from offering amendments relating ator from North Dakota [Mr. CONRAD] many times Senator DOLE has been in to minimum wage. We will not have, if is absent because of illness. the opposite position, when Senator we bring up the constitutional amend- The PRESIDING OFFICER. Are there MITCHELL and my distinguished prede- ment to balance the budget under the any other Senators in the Chamber de- cessor, Senator BYRD, made similar re- reconsideration rules here in the Sen- siring to vote? quests on the Senate floor. ate, an opportunity to offer amend- The yeas and nays resulted—yeas 51, We all know the circumstances on ments. So we really have no vehicle nays 46, as follows: the Senate floor. We all know that with which to offer alternatives. there are many occasions when Sen- [Rollcall Vote No. 61 Leg] But I understand and certainly re- ators have no other opportunity to YEAS—51 spect the majority leader’s position, raise an issue except in the form of and I want to work with him to see if Abraham Faircloth Lugar amendments to pending legislation. Ashcroft Frist McCain we cannot accommodate his desire and Bennett Gorton McConnell Our Republican colleagues have done it ours to complete work on the illegal Bond Gramm Nickles time and time again, both in this Con- immigration bill, as well as to have op- Brown Grams Pressler gress as well as in previous Congresses. portunities to vote on issues that we Burns Grassley Roth Given that, I propose a modification Campbell Gregg Santorum hold to be very important. Chafee Hatch Shelby to the unanimous-consent request that I object under the circumstances now Coats Hatfield Simpson I think is reasonable. We would be pre- presented. Cochran Helms Smith pared to offer just two nonrelevant Cohen Hutchison Snowe The PRESIDING OFFICER. Objec- Coverdell Inhofe Specter amendments, the minimum wage tion is heard. Craig Jeffords Stevens amendment as well as the Dorgan Mr. DOLE. As I understand it, the D’Amato Kassebaum Thomas amendment relating to the balanced Senator had a modification to mine? DeWine Kempthorne Thompson budget proposal, and would even be Dole Kyl Thurmond Mr. DASCHLE. Yes, I proposed a Domenici Lott Warner prepared to allow the Republicans a modification. similar number of nonrelevant amend- NAYS—46 Mr. DOLE. I object. ments, with time constraints and no The PRESIDING OFFICER. Objec- Akaka Ford Mikulski second-degree amendments, in an ef- Baucus Glenn Moseley-Braun tion is heard. Biden Graham Moynihan fort to accommodate the schedule. Several Senators addressed the Bingaman Harkin Murray That is not, it seems to me, too much Chair. Boxer Heflin Nunn to ask. We could accommodate that The PRESIDING OFFICER. The ma- Bradley Hollings Pell Breaux Inouye Pryor within the next hour or two. We could jority leader has the floor. Bryan Johnston Reid even agree to a limited number of f Bumpers Kennedy Robb amendments on the bill itself that are Byrd Kerrey Rockefeller relevant. I make that modification and TERRORISM PREVENTION ACT— Daschle Kerry Sarbanes CONFERENCE REPORT Dodd Kohl Simon ask the distinguished majority leader Dorgan Lautenberg Wellstone whether he would be inclined to sup- Mr. DOLE. Mr. President, I hope that Exon Leahy Wyden port it. If so, I think we could find a the Chair may lay before the Senate Feingold Levin Feinstein Lieberman way in which to schedule this legisla- the conference report to accompany tion and reach final passage. the terrorism bill, and I will ask that NOT VOTING—3 Mr. DOLE. Maybe regulatory reform. the conference report be considered as Conrad Mack Murkowski We have over a majority. We have 58 having been read, and then we can The PRESIDING OFFICER. On this votes; we need 60. My colleagues on the make whatever statements we want. vote, the yeas are 51, the nays are 46. other side will not let us bring that to The PRESIDING OFFICER. Is there Three-fifths of the Senators not having a vote. That costs the average family objection? voted in the affirmative, the motion is about $6,000 per year because of exces- Mr. DASCHLE. Reserving the right rejected. sive regulations. We think it is a rea- to object. If, as soon as that is laid The majority leader is recognized. sonable nonpartisan bipartisan ap- down, the Presiding Officer could rec- f proach to regulatory reform. Maybe ognize the Senator from Massachusetts that is an amendment we could look and the Senator from Wyoming, I UNANIMOUS-CONSENT REQUEST— at. would have no objections, with that S. 1664 What I will tell the Democratic lead- understanding. Mr. DOLE. Mr. President, what I am er, I am happy to consider that, but I The PRESIDING OFFICER. Without going to propound when Senator assume if he objects to this request, we objection, it is so ordered. April 16, 1996 CONGRESSIONAL RECORD — SENATE S3351 The clerk will report. participation by Republicans and partisan support. Probably, a dozen The legislative clerk read as follows: Democrats. It was devoid of partisan- need our full attention. We were quite The committee of conference on the dis- ship in the consideration of various prepared—I know the leader on our side agreeing votes of the two Houses on the amendments. Last evening, the Sen- had instructed us to make every effort amendments of the House to the bill (S. 735), ator from Wyoming offered three im- to move the program forward. That to prevent and punish acts of terrorism, and portant amendments, which we were was the sense of the Democratic mem- for other purposes, having met, after full and about to accept—one to make it a de- bers of the Judiciary Committee. So, free conference, have agreed to recommend portable offense to falsely claim to be Mr. President, I am distressed by that. and do recommend to their respective Houses a citizen while applying for jobs or wel- this report, signed by a majority of the con- Also, as a matter of information on the ferees. fare benefits. That is important. That terrorism bill, they did strike provi- can make a difference in terms of pro- The PRESIDING OFFICER. Without sions that were in the previous law tecting the American taxpayer and the objection, the Senate will proceed to that permits the Internet to publish in- American worker. There is an amend- the consideration of the conference re- formation about how to make bombs, ment to keep track of the foreign stu- port. and then a measure that was worked dents, to make sure they stay in school (The conference report is printed in out by Senator FEINSTEIN, and also and not work illegally. We do not have the House proceedings of the RECORD of Senator BIDEN, that ensured that we the information of what is happening Apr. 15, 1996.) were going to deal with that particular to many of the students, whether or Mr. SIMPSON addressed the Chair. item. It was a matter that I brought to not they circumvent the current laws The PRESIDING OFFICER. The Sen- the floor. Someone had sent it to me and melt on into the population and ator from Wyoming is recognized. over the Internet itself, and it provided use what is a legitimate cause to come in detail about how to make bombs. f here, to subvert the efforts to try and Senator FEINSTEIN and Senator BIDEN IMMIGRATION CONTROL AND FI- deal with illegal immigration. The provided leadership to deal with that NANCIAL RESPONSIBILITY ACT third proposal is where you have stu- on the Internet. And now, as I under- OF 1996 dents that come here to go to a private stand, for some reason that I cannot university and end up, at the public Mr. SIMPSON. Mr. President, I just possibly understand, in this terrorism taxpayers’ expense, allegedly going to conference report that particular pro- reflect that Senator KENNEDY and I are public education at the burden of the vision has been eliminated. ready to go forward with this measure. taxpayers. These are significant and It is an issue that is very topical and important amendments. We debated I heard the leader say that this is must be addressed—the issue of illegal and discussed those last evening. We pretty much the same measure that immigration, the issue of legal immi- are prepared to act on them. came through the Senate. I have just gration. Both bills are here. One is at So there are probably eight or nine listened with great interest. I wish our the desk and one is being processed. extremely important and controversial ranking member of our Judiciary Com- I want to assure all that immigration items that I was prepared to work out mittee, Senator BIDEN, was on the floor reform is not a partisan issue. It never a time agreement on and urge col- to respond to that. I know we will have has been and it never will be. It cannot leagues to do so. And there were the a debate on some of those measures. be. I just hope that before we go on other two items, which as Senator But that, along with other provisions with these maneuvers, we recognize DORGAN and I will speak to briefly, dealing with the explosives and tagging that I do not think anyone, especially about the minimum wage. explosives and also the reduction of the in an election year, would want to be I would have been glad to urge the provisions, which were accepted in the known as the person that took this bill minority leader to agree to an hour or Senate in terms of wiretapping, which down and left it down. It is an issue half hour, if that was going to be the the FBI indicated would be such a pow- that, as I say, is not going to resolve it- cost of getting a vote on the issue of erful force in terms of dealing with the self. It is a Federal issue, not a State the minimum wage. We have been un- terrorist organizations and potential issue. We either resolve it, or we will able to get consideration of that meas- terrorist bombs, have all been dropped have proposition 187’s in every State of ure now for over a year. And we have in that conference report. For what the Union. From me, I have buried my seen 56 Members of the Senate—bipar- reason I do not know. But I heard the dead many times before with regard to tisan—who have indicated they want to leader say that this measure was pret- both legal and illegal immigration, and address that issue. We are still denied ty much what was passed in the Sen- life will go on if you bury it one more an opportunity to consider a bill on its ate. Certainly, if those measures have time. own merits with a relatively short pe- been addressed and deleted or com- Thank you. riod of time, since this is an issue that promised, I think that we ought to—as Mr. KENNEDY addressed the Chair. is understood by the Members. I am sure we will—hear Senator BIDEN The PRESIDING OFFICER. The Sen- Every day that goes on where we and others address it. ator from Massachusetts. deny the opportunity for an increase in Mr. DOLE addressed the Chair. Mr. KENNEDY. Mr. President, I join the minimum wage makes it clearer with the Senator from Wyoming in be- and clearer that there are those in this The PRESIDING OFFICER. The ma- lieving that it is premature to draw body, the U.S. Senate, that refuse to jority leader is recognized. this bill down. This issue is of enor- recognize that the work is important of Mr. DOLE. Mr. President, the Sen- mous importance in terms of dealing the men and women in this country ator from Massachusetts is correct. with the borders of this country and that work 40 hours a week, 52 weeks a Senator HATCH is prepared, and he will the flow of illegal immigration. It is year and are entitled to a livable wage. start on the conference report. We are enormously important in terms of en- That issue is not going to go away. We not going to debate the immigration hancing the various criminal statutes are going to keep revisiting that, as bill. It is being held hostage now be- that would deal with struggling, and it the minority leader pointed out, over cause of the demands on the other side. is enormously important to make sure the objections and opposition and If we do not want to do anything about we are going to protect American jobs stress to those opposed to that, until illegal immigration, I guess the Demo- by refusing illegals the opportunities we are at least able to deal with it in crats can make that happen. Most for employment. And as the Jordan a way in which that particular issue is Americans, by 80 percent, think we Commission and the Hesburgh Commis- dealt with with a sense of dignity be- should deal with this issue. But now we sion pointed out, jobs are the issues cause of the importance that has to are going to be held hostage by Social which attract the illegals. This par- many of our fellow citizens. Security amendments and minimum ticular measure deals with those par- So I am disappointed that we are not wage amendments. They have five or ticular proposals. able to move ahead. We are prepared to six others. Then they have the gall to We had 6 days of markup on this in move along. I think many of those stand up and say, ‘‘We want to move committee. As the Senator from Wyo- amendments that have been published ahead on illegal immigration.’’ We ming pointed out, there was significant here could be disposed of with broad bi- know what is happening. S3352 CONGRESSIONAL RECORD — SENATE April 16, 1996 If we can work out a time agreement evant amendment to any bill because admit that there are very sincere peo- on relevant amendments, we will pur- doing so would somehow indicate that ple on the minimum wage. On the sue illegal immigration or the immi- they do not want a bill to pass or they other hand, there are other opportuni- gration bill. It passed the committee, are going to hold the bill hostage, we ties to bring that up, I suppose. These as I understand, by a vote of 13 to 4. might be prepared to talk about that. two bills really should not have a But if we are going to have extraneous But everyone knows that is not what bunch of irrelevant amendments. amendments and nonrelevant amend- this is all about. There are some here Today, the Senate begins consider- ments to help protect some of those who do not want to deal with the issues ation of the conference report on S. 735, who voted wrong on the balanced budg- that we are attempting to address in the Antiterrorism Effective Death Pen- et amendment, we could be having this these amendments. alty Act of 1996. This is a particularly every day—and every day and every So I do not think there ought to be relevant time to begin this debate be- day. I just hope the six on the other any misunderstanding or obfuscation cause we are fast approaching the 1- side who voted for a balanced budget of the question. The question is, Do we year anniversary of the heinous crime amendment 2 years ago would now, support passage of an illegal immigra- that claimed the lives of so many men, when we have the vote sometime this tion bill? The answer is not only yes, women, and children in Oklahoma month or probably next month, vote but emphatically yes. Do we support City, OK. Indeed, this Friday, the 19th, for the balanced budget amendment— timeframes within which every amend- marks the 1-year anniversary of that we are just a couple of votes short—and ment could be considered? The answer tragedy. I hope we can in an orderly, send it to the States for ratification. If is yes. decent way get this bill done today so three-fourths of the States ratify it, it So I hope we can reach an agreement. that we can send it to the House and becomes part of the Constitution. I hope now we can move on to the they can do it, so that we can at least But we are now prepared to proceed counterterrorism bill and address that do what the Senate ought to do in com- on the antiterrorism conference report. in a timely manner. I am prepared to memoration of the lives of those who Obviously, not every provision the Sen- sit down this afternoon, tonight, or to- died last year—and those who died in ate passed survived the conference. But morrow to find a way to resolve the the Lockerbie airline crash, those who as I think, as the Senator from Utah procedural issues regarding how we have been terrorized all over this outlined to us in our policy luncheon, take up the immigration bill itself. world, but especially those who have nearly every important feature in the I yield the floor. been and will yet be terrorized in this Senate bill survived the conference, Mr. HATCH addressed the Chair. country. and we believe that it is a good bill The PRESIDING OFFICER (Mr. Although many of the physical wounds endured by the survivors of that should be passed as quickly as DEWINE). The Senator from Utah. that blast in Oklahoma City have possible so the House might act. f If we can work out some agreement healed, the wounds to their hearts con- TERRORISM PREVENTION ACT— on immigration, we will go back to im- tinue to bleed. We met with a number CONFERENCE REPORT migration. If not, we may go to some- of them yesterday. Those folks really thing else. It does not have to proceed The Senate continued with the con- want this bill. During this past year, as I have spent here one day at a time. I know some sideration of the conference report. time with my own family—Elaine and I would like to frustrate any efforts on Mr. HATCH. Mr. President, I think it have 6 children; all 6 of them are mar- this side of the aisle. But we do have is time to vote on the antiterrorism ried now, and we have 15 grand- the majority, and we will try to do our bill. I have to say that I do not think any- children—my thoughts have often best to move legislation that the turned to the survivors of the Okla- American people have an interest in. body denies the minority a right to bring up irrelevant amendments. But it homa City tragedy and to the families Illegal immigration—wherever you go of those who lost their loved ones on illegal immigration is a big, big issue. is happening on everything. It has hap- pened now for 2—actually better than that terrible day a year ago this Fri- If we are going to be frustrated by ef- day. I cannot imagine what it would be forts on the other side to hold the bill 2—solid years. When you get something as important as the immigration bill— like to have my family taken from me hostage, that is up to them. They can by the acts of evil men and perhaps make it happen. Then they can explain and I have to say, as chairman of the Judiciary Committee, we worked our women. that to the voters in November. I have to say my heart went out to guts out to get that bill here because it Several Senators addressed the these survivors yesterday who came is such an important bill. It is a bill Chair. back here at their own expense to that every border State in this country The PRESIDING OFFICER. The mi- stand with us at that press conference and every State in this country is con- nority leader is recognized. and announce that we finally have ar- cerned about. Senator SIMPSON has just Mr. DASCHLE. Mr. President, I rived at a bill after this full year of ef- plain worked for years to get this up. I thought we had completed the discus- fort. sion on immigration. But since it ap- do not agree with Senator SIMPSON on Yesterday, I had the opportunity to pears that is not the case, let me re- every aspect of that bill, but I sure ad- meet with some of the families who spond again. mire him. I admire the effort he has lost loved ones on that fateful day. The We did not pull the bill. We could be put in. I just think it is a tragedy that one thing that the survivors of that on that bill right now. We could be tak- we cannot move and get the thing tragedy and the victims of that trag- ing up amendments right now. We have done. It is something that every Demo- edy requested was that we try to pro- already agreed to short timeframes crat and every Republican wants to do. vide justice to the memories of those within which to debate the minimum Also, as a former member of and who lost their lives in that terrorism wage amendment and the Social Secu- former chairman of the Labor Commit- blast. rity amendment. We can resolve them tee, we have had these minimum wage I want to quote the family members by 5 o’clock this afternoon and come to fights year after year, time after time, of the victim of the bomb who spoke to completion on the bill itself sometime and, frankly, to bring it up on immi- the Nation yesterday about the need tonight. We are prepared to do that. gration, it is a matter of great concern for this bill. Dianne Leonard lost her So do not let anybody be misled. We to me that they would do that. husband Don, an agent of the U.S. Se- are not holding this bill hostage. We These are a couple of bills—the im- cret Service. Despite her pain, she did not pull it down. We did not ask migration bill and the antiterrorism came here yesterday, along with other that there be no opportunity to vote. bill—that literally ought to be biparti- victims of terrorism, and made one of Welcome to the U.S. Senate. Welcome san every step of the way. We can have the most eloquent statements I have to the U.S. Senate. our differences, but we ought to be ever heard on the issue. She said: If our Republican colleagues are pre- working to resolve these bills. In an effort to be caring and honorable pared right now, this afternoon, to say Sometimes I think this body does not human beings, we have granted perpetrators that throughout the rest of the 104th seem to care about what is important of violent crime much more than their con- Congress they will never offer an irrel- for the people out there. I have to stitutional rights. Our caring and honorable April 16, 1996 CONGRESSIONAL RECORD — SENATE S3353 intentions have been misdirected. Instead, sion than this one was in the Senate ment’s rights in the Government fight we as a society have been cold and heartless, bill. This tougher version eliminates an against terrorism, but we do so in a because we have forgotten the innocent vic- entire level of judicial review and al- temperate manner that is protective of tims of crime. We have forgotten the sheer lows the Government to freeze the as- terror of the victims immediately prior to civil liberties. their death. We have forgotten that anyone sets of foreign terrorists before the des- Most important, this conference bill who could murder an innocent human being ignation becomes public. contains the habeas corpus reform pro- has relinquished his rights for compassion. On the issue of fundraising, we make posal contained in the Senate terror- That is what Dianne said. Mr. Presi- it a crime to donate or accept funds for ism bill. The House adopted it word for dent, that is what this is all about. It foreign terrorist organizations. The word. The present habeas corpus allows is not about whether this bill is weak- House had removed this provision. The those who are convicted of brutal, hei- er. We all know that it is not. It is Senate bill contained that provision. It nous crimes to delay the imposition of about whether we will stand with the is a big, big provision. just punishment for years. The habeas victims of terrorism and violent crime We have summary exclusion of alien reform proposal contained in this legis- or not. terrorists. The Senate prevailed in in- lation will end the ability of those hei- I am not sure we can ever provide cluding a provision which creates a nous criminals, those violent crimi- justice to those families in this life. I new legal basis for automatic alien ex- nals—those murderers, if you will, hope, however, that we can, perhaps, clusion from the United States when those justly convicted—to delay the bring some peace to the survivors of the person is a representative or mem- imposition of their sentence. that tragedy in that we can enact this ber of any designated foreign terrorist Habeas corpus reform is the only sub- antiterrorism legislation in their mem- organization. stantive provision in this bill that will ory. For once, just once, I hope we can On biological weapons, we also suc- directly affect the Oklahoma bombing put aside the partisan wrangling that ceeded in getting the House to toughen situation. If those being tried for the often occurs here and simply do what is up regulations dealing with the trans- bombing are convicted, our habeas cor- right—just once, on a bill like this. It portation and sale of human biological pus reform language will prevent them agents which could be used as weapons is my firm belief that passing this con- from delaying the imposition of their of mass destruction. ference report represents the right penalties on frivolous grounds. And we The criminal alien removal proce- have all seen that year after year in thing to do. dures—the Senate bill made it much The legislation that Representative every jurisdiction in this country. easier for an alien who had been con- HYDE and I have negotiated represents In Utah, we had one case that went 18 victed of an aggravated felony to be de- a landmark bipartisan effort to prevent years, the ‘‘hi-fi murderer,’’ where he ported. The House bill was definitely and punish acts of domestic and inter- and his buddy went in there, where weaker on that point. We prevailed. We national terrorism. Indeed, the Repub- they tortured these people, rammed put the Senate language back in. pencils through their eardrums, poured lican Governor of Oklahoma and the These are big concessions by our col- Drano down their throats, and mur- Democratic attorney general of Okla- leagues over in the House, some of dered them in cold blood. No question homa both support this legislation— whom have problems, some of whom of guilt, no question of any prejudice strongly support it. are worried that Government is too in- against them, they were convicted and I would like to note the efforts of trusive in all of our lives—and I think justly sentenced to death. Representative CHUCK SCHUMER, rightfully so, in many ways. But we got Mr. President, 18 years later, 28 ap- CHARLES SCHUMER, of New York, in these things in. working with us to craft this legisla- On authorizations, the House bill had peals all the way up through the State tion. Representative SCHUMER, who virtually no funding for Federal law courts to the State supreme court, all signed the conference report as a Dem- enforcement on this antiterrorism the way up to the Federal courts to the ocrat, made significant contributions area. The Senate bill had a little over Federal Supreme Court—28 appeals, to the final product. We tried to ac- $2 billion over 5 years. We agreed on $1 millions of dollars spent before that commodate our colleagues on the other billion in funding for Federal and State just sentence could be carried out. And side to the extent that we could—in law enforcement over 4 years. We have that is going on in a myriad of cases all fact, on both sides of this issue, as we already spent almost a half billion dol- over this country. Rather than exploit negotiated this measure. Our majority lars this year—maybe a little more it, the devastation of the Oklahoma leader, Senator DOLE, was instrumen- than that. So, in essence, we got the City bombing, I believe that by includ- tal in moving negotiations on this bill Senate funding into this bill. ing this provision in the antiterrorism forward. With Senator DOLE’s leader- On taggants, we have put taggants on legislation, we are protecting the fami- ship, we were able to put back into the plastic explosives, which are the pri- lies of the victims. bill many of the provisions that the mary explosives used by terrorist orga- Comprehensive habeas corpus reform House had removed. Without Senator nizations and by terrorists. There will is the only legislation Congress can DOLE’s able leadership, I do not think be taggants on there so we can deter- pass as a part of this terrorism bill we would have been able to have a bill mine the source. With regard to other that will have a direct effect on the that is as tough on terrorism as this explosives—because even the OTA, Oklahoma City bombing case. It is the one is. even ATF, admit that there may be one thing Congress can pass now to en- Let me just give a few of the major some danger involved in putting sure that President Clinton’s promise areas we were able to agree on and get taggants in other explosives—they are of swift justice is kept. back into this bill that made it much not sure of being efficacious for law en- President Clinton recognized this closer to the Senate bill. forcement, or even cost effective to do fact during his April 23, 1995, appear- The terrorist alien removal provi- so, and to mandate that—we provided ance on the television program ‘‘60 sion: We restored the terrorist alien re- for a study for a year. Then we pro- Minutes,’’ when, in response to a ques- moval provision which allows courts to vided for a means whereby the regu- tion about whether those responsible expeditiously deport alien terrorists. lators can come up with their regula- would actually be executed without the The court can consider classified evi- tions—if that study shows that it is en- adoption of habeas corpus reform, he dence without disclosing that evidence vironmentally sound, economically said, ‘‘I do believe the habeas corpus to the alien. sound, law enforcement efficacious, provisions of the Federal law which We put back in designation of terror- and that it is not dangerous—then the permit these appeals sometimes to be ist organizations. This has greatly regulators can come up with regula- delayed 7, 8, 9 years, should be changed. pleased a number of civil liberties or- tions on taggants, and then the Con- I have advocated that. I hope the Con- ganizations, and I have to say the Anti- gress will have to make a determina- gress will pass a reform of the habeas Defamation League. We worked with tion whether they accept those regula- corpus provisions because it should not the House on language to allow the tions or not. Those are just a few of the take 8 or 9 years and three trips to the President to designate foreign terrorist things that we put back into this bill. Supreme Court to finalize whether a organizations. This provision was not We were able to craft legislation that person, in fact, is properly convicted or in the House-passed bill. A weaker ver- adds important tools to the Govern- not.’’ S3354 CONGRESSIONAL RECORD — SENATE April 16, 1996 That is the President of the United are so used to under the current sys- It gives the President enhanced tools States. Last Sunday, he called me. I tem, and there are cases that are to use as foreign policy powers to com- was grateful for that call. It was late longer than the 18-year case. bat terrorism overseas, and it gives at night, and he called me at home be- President Clinton said justice, in the those of our citizens harmed by terror- fore he left for Alaska. He wanted to wake of the Oklahoma tragedy, would ist acts of outlaw states the right to have me bring him up to speed on what be ‘‘swift, certain and severe.’’ We sue their attackers in our courts. we were doing in the conference, what must help President Clinton keep this Our bill also provides measured en- we were doing in the negotiations on promise to the families of those who hancements to the authority of Federal this bill. And he said to me, ‘‘I wish we were murdered in Oklahoma City by law enforcement to investigate terror- could shorten the time. If I had my passing comprehensive habeas corpus ist threats and acts. way, I would shorten the time, shorter reform now. In addition to giving law enforce- than what you have in this bill.’’ Unfortunately, while habeas corpus ment legal tools they need to do the I said, ‘‘That will be great, but I reform is the single most important job, our bill also authorizes increased don’t think we can do that at this issue in this bill and will directly af- resources for law enforcement to carry point. This bill is fair.’’ I pretty well fect the Oklahoma City bombing, there out its mission. The bill provides $1 bil- acknowledged that. He noted he would are some who would urge the President lion over 4 years for an enhanced not veto this bill based on the habeas to veto the bill on the basis of this re- antiterrorism effort at the Federal and corpus provisions. form proposal. I sincerely hope that State levels. The bill also implements I explained some of the other changes this does not happen, and the President the convention on the marketing of we made, and he seemed pleased, be- told me it would not happen on that plastic explosives. It requires that the cause he knew we made great strides in proposal. We should not put our con- makers of plastic explosives make trying to get a better bill that will cern for convicted killers above our de- their explosives detectable. really do the job, and this bill will. It sire to see that justice is done and car- I note that many of the provisions in does not solve every problem, but it ried out. this bill enjoy broad bipartisan sup- The Senate and House also worked sure goes a long way toward solving port, and, in several cases, it passed together to restore many important problems in the past and, above all and the Senate on previous occasions. In- provisions to the conference bill. For even more important perhaps, in the deed, we have worked closely with the example, we restored the terrorist future. administration during the development alien removal provision that allows The claim that habeas corpus reform of this legislation, and many of the courts to expeditiously deport alien is tangential or unrelated to fighting provisions in this bill have the admin- terrorists. The Department of Justice terrorism is ludicrous. We can be con- istration’s strong support. requested this provision, and we fident that those responsible for the The people of the United States and worked with our House colleagues to bombing in Oklahoma will be brought around the world must know that ter- ensure that this provision would be an to justice. The American people do not rorism is an issue that transcends poli- effective means of removing alien ter- want to witness the spectacle of these tics and political parties. Our resolve rorists from our shores, while at the terrorists abusing our judicial system in this matter has to be clear. Our re- same time protecting due-process con- and delaying the imposition of a just sponse to the terrorist threats and to cerns. acts of terrorism will be certain, swift, sentence by filing appeal after Second, we adopted tough new proce- meritless appeal. A system which per- dures that would permit the Secretary and unified. I think we have to redou- mits such a result does not provide jus- of State to designate certain foreign ble our efforts to combat terrorism and tice for the victims of terrorism and organizations that commit acts of vio- to protect our citizens. A worthy first step would be the en- simply has to be changed, and this bill lence as terrorist groups. will do it—one of the most important The designation procedure adopted in actment of these sound provisions to changes in criminal law in this cen- the conference report is much stronger provide law enforcement with the tools tury, and we are going to do it. than that contained in the original to fight terrorism. I, therefore, urge Although most capital cases are Senate bill. We have also criminalized my colleagues to support this con- State cases—and the State of Okla- fundraising efforts on behalf of des- ference report. homa can still prosecute this case—the ignated foreign terrorist groups and Let me just also say there are some habeas reform proposal in this bill provided for the exclusion of represent- matters that we were not able to work would apply to Federal death penalty atives or members of terrorist groups. I out with the House that the distin- cases as well. It would greatly affect think that the recent bombings in the guished Senator from Delaware and I the Government’s prosecution of the Middle East and in England are a tre- would have preferred to have in this Oklahoma bombing case. mendous problem, and they bring out bill. We would have put in—and we did No. 1, it would place a 1-year limit the necessity of preventing fundraising have it in the Senate bill—multipoint for the filing of a habeas petition on all in this country on behalf of organiza- wiretaps. It would be a more modern death row inmates, State and Federal tions bent on killing innocent persons way of going at this matter. Of course, inmates. for political gain. we have people who move from post to No. 2, it would limit condemned kill- This bill also includes provisions post, and it should not be the obliga- ers convicted in State and Federal making it a crime to knowingly pro- tion of our law enforcement people to court to one habeas corpus petition. In vide material support to the terrorist have to go and get a warrant for every contrast, under current law there is functions of foreign groups designated telephone that they move to. currently no limit to the number of pe- by a Presidential finding to be engaged I would prefer to have had that in titions he or she may file and no time in terrorist activities. here. We had it in the Senate bill. We constraints. We have a case where a We also succeeded in adopting tough were unable to get it in. I will tell you person waited 9 years to file a habeas new measures to regulate the transport why. Because, frankly, there are people petition on the eve of the carrying out and sale of human biological pathogens in the House who basically believe that of that person’s sentence, clearly abus- that could be used as weapons of mass the Government is too intrusive and ing the system. destruction. This legislation increases that there needs to be a study done on No. 3, it requires the Federal courts, the penalties for acts of foreign and do- the abuse of wiretapping and done on once a petition is filed, to complete ju- mestic terrorism, including the use of the needs of law enforcement for wire- dicial action within a specified time weapons of mass destruction, attacks tapping before we make that step. I period. Therefore, if the Federal Gov- on officials and employees of the Unit- have to say, I do not particularly agree ernment prosecutes this case and the ed States and conspiracy to commit that it should not be in this bill. death penalty is sought and imposed, terrorist acts. That has not been in the On the other hand, the study will do the execution of sentence could take as law up till now, and we are going to put well. And I have committed myself, as little as 1 year if our proposal passes. it there, and it is going to be a tremen- chairman of the Judiciary Committee, This is in stark contrast to, in the dous prosecutorial tool against terror- and as a leader on that committee, to Utah case, an 18-year case of delay we ist activity. get that study done and to make sure April 16, 1996 CONGRESSIONAL RECORD — SENATE S3355 that ultimately we resolve these prob- for it, have done what is right for They did not like it. Too bad. This is lems in a way satisfactory to our law them. Frankly, when we pass this bill democracy. Too bad. There are a lot of enforcement people. we will have done what is right for things I do not like. I lose. I lose. But There are some other matters that them. they did not like it. My goodness, 72 or may not be in this bill. We have not Mr. BIDEN addressed the Chair. 41 or 57 freshmen Republicans in the been able to put everything in here The PRESIDING OFFICER. The Sen- House do not like it. Great. So, yeah, I that the distinguished Senator from ator from Delaware. think that the leadership deserves Delaware and I would put in this bill. Mr. BIDEN. Mr. President, let me credit and responsibility for not only But it is a terrific bill. We have a lot begin by acknowledging that my friend what we are doing but what we are not more in this bill than in the original from Utah supported a vast majority of going to do, apparently. bill filed by the President before the the amendments that I am going to Second, the conference report—the Oklahoma City bombing, and I might offer—not amendments—I am going to majority leader stood up and said—and add in the original bill filed by the offer motions to recommit this bill I have great respect for the majority Senate through Senator BIDEN after with instructions to go back to the leader, I truly do. I think over 23 years the Oklahoma City bombing. Senate language. I have demonstrated it. He is a bright, By the way, there were no multipoint Let me acknowledge that I think competent leader. But he stood up and wiretap provisions in either of those both the Republican leader and the he said the conference report is essen- President’s bills. And so, you know, it chairman of the Judiciary Committee, tially what we passed. It is not even is easy to see that some may try to Senator HATCH, and the chairman of close to what we passed in the Senate. make political hay out of that. But the Judiciary Committee on the House It is not even close, which I will out- what the legislative process is is the side, Mr. HYDE, are all in a difficult po- line here in a minute why it is not even art of the possible. There are other sition. I acknowledge that. close to what we passed in the Senate. things we would like to have in this Let me acknowledge that Senator The third point I would make is my DOLE deserves responsibility for this bill. They are not there. But we have friend from Utah and I have had sharp bill. I think he does. I think he de- both parties together, both bodies to- disagreements over habeas corpus for serves the responsibility for also what gether. I think we have a bill that basi- the last 15 years. They still exist. He is is not going to be in this bill because cally will make a real dent in the mat- right in one important respect. This is we are backing off after votes, which I ter of terrorism. a great habeas corpus bill. That is what am about to go through, of 91 to 6 and Let me just say this. One of our prob- this is. This is a habeas corpus bill 99 to 0 and unanimous consent agreed. lems with regard to the multipoint with a little terrorism thrown in. I am All the things I am going to offer here wiretaps was that when the bill came not going to make any motions or were passed overwhelmingly by the up they called them roving wiretaps. move to strike the habeas corpus provi- Senate. And we caved. Just that semantic term caused angst We caved so quickly on the House sions. If we put back things in these in the hearts of a lot of people around side it was like watching water go over provisions, I am willing to swallow the our society. I might add that the rov- a waterfall. I do think the leader bears habeas corpus provisions, if we have a ing wiretap provisions were, I think, in responsibility for that as well, for not tough terrorism bill underneath it. the second bill filed by Senator BIDEN exercising his authority there be- A year ago this week the American on behalf of the President. And if we cause—I want to say at the outset people experienced the unthinkable. called them multipoint wiretaps at here—I found this was the first time in Terrorists planted a bomb in a Federal that point, we might have been able to any conference I have ever attended, building in Oklahoma City and hun- keep them in. I would prefer that they even when the Democrats controlled dreds of innocent citizens were killed be in. But I do not think that the fact the Senate, which they did off and on or wounded. Families were faced with that they are not in should stop us for the period I have been here, where tragedy and chaos. And the Nation was from passing that which can pass now, everyone at a conference, but two, ac- catatonic. that which is needed to fight terrorism, knowledges that everything I am offer- In response to this horrendous crime that which we have done and that ing is correct and right but we are not that was committed, as well as the ear- which we can have done, and can do at going to do it because a minority of lier terrorist bombs of the World Trade this time. House Members do not like it. Center and Pan Am 103, the Senate Let me just say in closing, that this I will not, because I am afraid I will passed a tough piece of legislation, in a is one of the most important bills in misspeak—and I do not have the tran- timely fashion, to the credit of the ma- our country’s history. It is not perfect, script—I will not use the description jority leader and the minority leader. but it goes a long way toward prevent- the minority members used of the Re- The House sat on it for the better part ing terrorist activities in the future. It publican leadership in the conference of a year. They would not even let goes a long way toward attacking these on the House side because I may their membership vote on it because criminals the way they need to be at- misspeak and create a little dilemma. apparently a minority over there tacked. It is a tough on crime bill. But I will try to dig that up for the thought that there was too much intru- Could it be improved? Sure. RECORD. But this is the first time I am siveness on the part of the Federal I want to also say that without the aware where a major piece of legisla- Government. leadership of our majority leader, Sen- tion, where the Senate on the critical Does it not seem kind of coincidental ator DOLE, this bill would not be here points have agreed overwhelmingly— to all who may be listening that after today. He stood with us every step of overwhelmingly; I mean, 90 to 1 kind of a year we are finally urgently bringing the way. He worked with recalcitrant overwhelmingly—and we have caved to this bill up on the week of the anniver- Members in both the Senate and the the House, where the leader of the sary of the bombing? Where was it a House in both parties. He has handled House in the conference said, ‘‘You’re month ago, 3 months ago, 5 months the matter well. And, frankly, I think right, Senate. But I just cannot pass it ago, 7 months ago? he deserves an awful lot of the credit if I take it back.’’ Now, the bill that we passed ad- when this bill passes, if not the lion’s I think there is a thing called ac- dressed both international and domes- share of the credit. countability. I think we should pass tic threats of terrorism, and it care- So I would just plainly like to make what we think is right, and let them fully balanced the need for new law en- these points and just say this in con- vote against it. So if they vote against forcement authority against the civil clusion, that I really want to pass this it, let them pay the consequences. And liberties that are so important to all of bill this week, hopefully tonight, if not if they vote against it, and do not have us. The bill also built upon work that tomorrow, and then get it through the the votes, then we can come back and had been done a year before in the Sen- House, so that we can say to the people try to get what we can get. But this is ate crime bill—now the crime bill, the in Oklahoma City on Friday that we, not even where we have challenged Biden crime bill. It was the Biden- as a Congress, in a bipartisan way, both what was described to me as a minority Hatch crime bill. I do not know wheth- Democrats and Republicans, with no- of the Republican caucus on the House er he still wants to take credit for it. It body really trying to take the credit side. was the Biden-Hatch crime bill. It is S3356 CONGRESSIONAL RECORD — SENATE April 16, 1996 now the crime law of the United States Putting this in focus now, every sin- not follow. It sounds reasonable. All of America. gle case that I am aware of—and I may the people sitting in the gallery when Guess what? There would be no death be mistaken—that my friend and his Senator HATCH, a worthy and knowl- penalty for the two people about to be two competent staff people come up edgeable advocate, stands up and says, prosecuted were it not for the crime with are State court cases—every sin- ‘‘This is very important. Habeas corpus bill, were it not for the crime bill we gle one that I have ever heard. There is the most important tool we have to passed, and the President led the way. may be one that I have not heard. fight terrorism,’’ you all go, ‘‘I know There would be no death penalty be- Every one that Senator THURMOND Habeas, and I know Corpus, and they cause it is a Federal case, Federal law. comes up with, which are legitimate to are real tough people. They are out There was no Federal death penalty for come up with, every one I have men- there bombing people.’’ Or, ‘‘Boy, I this. tioned, they are State cases. know that makes sense. I know about My friend is talking that unless we Let me explain what I mean by that. all the delays. He is right.’’ change this habeas corpus provision, It means that somebody was indicted It has nothing to do with State the Oklahoma bomber will go free. If and/or on information arrested, taken courts because, by the way, I say to the those who voted against the crime bill to a State court, tried under State law, Presiding Officer, who knows this well, had prevailed, there would be no death convicted under State law, made ap- if it is in a State court, it is not a Fed- penalty even available to be brought peals under State law, instituted their eral crime. If it is in a State court, the against those accused of the bombing attempts under State habeas corpus to Federal Government is not prosecut- in Oklahoma City under Federal law. say, ‘‘No, I was wrongly convicted. My ing. If it is in a State court, it is not They would have to try it in State constitutional rights were violated international terrorism. If it is in a court without the resources of the Fed- when they convicted me. Do not set me State court, it is not a terrorist under eral Government to deal with it. We free, but give me a new trial.’’ That is this bill. kind of rewrite history around here. As what habeas does. It does not find you Now, what is the obverse? If it is in a my friend from Wyoming often says, not guilty. It requires you get a new Federal court, there is no evidence of everyone is entitled to their opinion, trial if it is granted and, ‘‘Send me delay on habeas corpus to begin with. but they are not entitled to their own back to State court to be tried again.’’ But even if there is, we do correct it in facts. Now, what happens? All the delays, 99 this bill. But even if it is a problem, Let me also point out something else. percent of the delays—let me be con- and even if we correct it, the only way On building on the crime bill the Sen- servative—90 percent of the delays, you get the person who is filing the ha- ate passed, the terrorism bill that fo- take the best case to my friends, are beas corpus petition is if they are al- cused narrowly on a terrorist threat, delays when you are in State courts, ready in jail convicted. Now, tell me— unfortunately, the House then delayed. State courts, State courts. Now, what I ask, if I could, folks watching this, It finally passed a bill that pretty are we talking about in the terrorism how many of you feel if we could say in much took terrorism out of this bill. bill? What is this bill we are passing? Is a blanket way, ‘‘We guarantee you that Now we face a conference report that is anybody already behind bars—already only partially approved. I strongly sup- this a State bill? No; it is a Federal behind bars—will be executed in a port the Senate-passed version of the bill. If someone violates any provisions of timely fashion if convicted of a capital terrorism bill, despite the fact that I this bill that we are about to pass, offense,’’ that will solve our terrorism did not like what we did and how we what happens to them? Do they go to problem? Do you all feel better now did reform habeas corpus. We have State court and get tried in State about terrorism? Do you all feel more never had a disagreement that we have court, and are they subject to the secure about whether anybody will go to reform habeas corpus. The question delays that occur in State courts? No; in the New York subway with saran is, Do you eliminate it essentially, or do you reform it? This bill essentially they go to a Federal prison. They get gas? You all feel better that someone is eliminates it at a State level. Quite tried in a Federal court. They have not going to come up with—another frankly, reform is needed to stop abuse Federal judges. They have Federal wacko—one of these bombs they make of the writ of habeas corpus. prosecutors. They have Federal people. My friend, and he is a very able law- No State judge gets to say a thing. No out in some field in southern Delaware yer, trial lawyer, stood here and talked State prosecutor gets to appear in any or northern Delaware or Montana or about how this is the most important position other than if they happen to Alabama, and blow up a building and thing to deal with terrorists—habeas be a witness. kill children—do you feel better? This corpus. Let me remind everybody who Now, where is the delay? Where is the is crazy. may be listening: In order to file a writ Federal habeas corpus problem? My This is crazy. It may be needed just of habeas corpus, one has to be behind friends do not cite any. Even if they do, like health insurance may be needed, bars already. Got that? You already we have a provision in here that I sup- just like better highways may be need- have to be in jail, convicted of a crime. port. We set a strict limitation in Fed- ed. But what does it have to do with When you file a writ of habeas corpus, eral court, in Federal habeas corpus, terrorism? Let me give you the one you write it and you slide it between with a Federal prisoner, tried under a possible nexus. Here is how it goes. The the bars and you send it via a court of- Federal law, convicted in a Federal only intellectually, in my opinion, le- ficer to the judge. You are in jail. court, sent to a Federal prison, that gitimate argument that connects it to Now, how does that prevent terror- they have x number of months in which terrorism goes like this; it says that if ism? It needs to be reformed. The to appeal their case, to make their ha- we convict a terrorist and send a ter- abuses must be eliminated. It has noth- beas appeal. They get one bite out of rorist to jail, and if a terrorist is not ing to do with stopping terrorism. I the apple. That is fair. But it does not able to abuse the system—which no- think that is what we are about. Is this even deal with anything anybody ar- body is arguing that the Federal ha- not about trying to stop terrorism? gues is a problem. It just guarantees if beas system is being abused anyway, Now, second, this is a very com- there is any problem, it will be cor- and they know they cannot abuse it plicated subject that the Senator from rected, and if there is not, it will not and they are likely to go to death in 6 Utah knows very well because he is a occur. months or 6 years, then they might not capable lawyer, and the Presiding Offi- Now, say somebody is convicted have committed the terrorist act in the cer knows well because he is such a ca- under this law. They are convicted first place. That is the only intellectu- pable prosecutor. I mean that sin- under this new law we are passing. ally credible argument to be made as cerely. Not a lot of lawyers understand Where are they going to go? They are to how this could deter terrorism. habeas corpus. They know it is a great going to go to Federal court. Now, how Granted. So let us put that provision in writ. If you sit down and ask them to does changing all the State habeas cor- the bill. But let us not go forward and explain in detail the difference between pus cases have anything to do with ter- say, with all due respect, this is going Federal and State habeas, they get rorism? I would like to know that one. to change terrorism. I just asked a rhe- lost. It is complicated and easily lends That is a fascinating notion, what we torical question. Go back home and ask itself to exaggeration. call in the law a non sequitur. It does your constituents if they know that April 16, 1996 CONGRESSIONAL RECORD — SENATE S3357 the appeal time has been cut from an believes he needs a bill badly. Appar- ning to blow up the pyramid tower, the average of 6 years to 6 months for peo- ently, the President is concerned about Transamerican Tower in San Fran- ple already convicted, and do they having a bill. I am concerned about cisco, to make my point. Now, what think we have licked terrorism. They having a good bill. I am concerned are you going to be most concerned will tell you that we imposed justice, about having the kind of bill we should about? Remember, we said, using the they will tell you that we eliminated have, the kind we passed. It was passed Speaker’s words, this is to send a mes- abuse, they will tell you that we saved 91 to 6. That is the bill I am concerned sage to the terrorists. You are a terror- money—all of which is true. But I defy about having. I was told the Repub- ist planning this bombing, OK, or plan- you to campaign on the notion that licans would oppose including these ning an act. Are you going to be more you stopped terrorism by changing ha- needed provisions in the bill because a concerned that the Senate has just beas corpus. Remember, folks, you al- group of Republicans in the House given the FBI the authority to wiretap ready have to be in jail, convicted of a could not support the bill if they were not just the phone that you use in your crime, in order to be able to file one of included. In other words, a faction of house, but the phone that you have in these petitions that you then abuse. Republicans—I might add that some your car, the one you have in your Now, the Senate-passed version of liberal Democrats are agreeing with pocket that you keep throwing away this bill really did do some things be- the ACLU. That is a fascinating com- and getting a new one so you cannot be yond habeas. It had all this habeas bination. You know that phrase ‘‘poli- detected, and the phone at the corner stuff in it, which, by the way, is a phe- tics makes strange bedfellows.’’ I want that you use to communicate your ac- nomenal overreach, but that is a dif- to tell you something. George Bush, or tivities; are you more concerned that ferent issue. I am not going to fight somebody, made famous the ACLU they may allow the Government to tap that again. I will register here just card, who carries that. When you have all those phones you are using? Or are that the changes in Federal habeas the people who carry ACLU cards and you going to be more concerned that make sense. The changes essentially those who carry NRA cards sleeping in they change State habeas corpus? What say you cannot review State court de- the same bed, it is fascinating. I would do you think? What is going to send cisions in a Federal court as to wheth- love to be in one of those meetings you a message? Are you going to be er or not the State court accurately in- with the gunowners of NRA and the concerned if you are a terrorist plan- terpreted the Federal Constitution. ACLU. Everybody is smiling. They are ning an activity that if, in fact, you That is a bad idea. That is saying that trying not to because they know how walk into Macy’s Department Store you cannot review, as a practical mat- preposterous it is. It is fascinating. I and you plan a terrorist act like the ter, State court judges’ decisions on am not being critical of either of the IRA, and instead of using the bomb you the U.S. Constitution in a Federal groups. It is human nature. They have use shotguns, you call the President of court. objections for totally different reasons, the United States, or you call the Gov- I will not go into the history of why as I understand it. They are a minor- ernor of the State of California and we did this in the first place back in ity, no matter how you add them up. say, ‘‘Unless you do the following, we the late teens of this century. But that Yet, the majority in both parties is are going to walk into one of the larg- is another issue. This is not an going to kowtow to them. est malls in Los Angeles and indis- antiterrorism bill because it limits I, quite frankly, do not understand criminately kill people.’’ And you walk State habeas corpus. Unfortunately, this antipathy to fighting terrorists in with a shotgun—12 of you, 10 of you, what we have before us today is a con- and holding them accountable. I do not 3 of you—and you blow away, indis- ference report from which some of the understand how a small group of House criminately, 10, 20, 30, 50, 100 Califor- most critical antiterrorism provisions Members has been able to seize control nians. Under this bill, you cannot be are missing. My efforts to restore these of the democratic process and block prosecuted in Federal court. Guess tough provisions during the conference provisions that the vast majority of us why? Because there is no Federal predi- were unsuccessful. Despite the fact support. I think it is wrong, and I cate. It is not a Federal crime to use a that the Republican chairmen on both think we in the Senate should insist on shotgun in the State. What is going to sides, to their credit, acknowledged a terrorism bill that contains the send you more of a message? That, or that they were good provisions, ac- tough provisions we passed more than 9 the fact that State habeas corpus has knowledged that they were important months ago. been changed? What are you going to provisions, acknowledged that they Today I will offer a number of mo- do? would work with me to pass these pro- tions to recommit this back to con- You are a terrorist. You decide you visions in another form at a later date, ference so the missing provisions can are going to use chemical weapons or and acknowledged that law enforce- be put back. We must send the Presi- biological agents. You are a terrorist. ment needed some of these provisions dent a strong terrorism bill that ad- Now you learn that the Senate and the very badly—notwithstanding that, not- dresses the very real threat posed by House just passed a bill that does not withstanding that the majority of the those who know only the language of allow the Department of Defense, does members of the conference agreed with terrorism and violence. But they are not allow the military—the only ones me, we voted them down. here at home and they are also abroad. with expertise in chemical warfare and I say to my friend from California, They are both places, and we have to biological warfare—does not allow who has not been here as long, I found acknowledge that. Almost a year ago, them to participate in the investiga- it to be a fascinating experience that after the tragedy in Oklahoma City, tion of your act. We affirmatively took never happened to me before. I am used Speaker GINGRICH issued a call to ac- that out of the bill. to getting beat flatout. I get beat a lot. tion. Let me quote him: What message are we sending terror- I am used to that. I am used to winning This is the kind of exact moment when ists? Are you going to be more worried once in a while, too. But I have never Americans ought to be Americans. We ought about a provision that allows the mili- been beaten where everybody agrees to pull together. We ought to send a unified tary to investigate chemical and bio- with me and then they say, ‘‘We cannot response to terrorists at home and terrorists logical warfare against American citi- agree with you, JOE, because those overseas that we are not going to tolerate zens, or are you going to be more wor- guys and women over in the House, the this. ried about the State habeas corpus? minority within our party, do not like The Speaker was absolutely right. That is what we did. That is what we it.’’ That is like me saying the four re- We should pull together and send a did. We took it out of the Senate bill. maining liberals in the U.S. Senate—if message to terrorists. Let me ask you This is not chopped liver, folks. This is there are that many—do not like some- all a question, rhetorically. You are a serious stuff. thing. Therefore, even though you are terrorist planning a bombing. You are Are you going to be more worried as right and I agree with you, I am not planning to put a chemical agent in the a terrorist about to commit a crime, or going to go along with it. water supply in Minneapolis-St. Paul; having already committed one, that I am not being facetious. I respect you are planning to use a chemical the Attorney General of the United their position because they want a bill weapon in Athens, GA, or in Atlanta at States has the same authority that she badly. Apparently, the majority leader the Olympics; you are a terrorist plan- now has with the Mafia; that, if she is S3358 CONGRESSIONAL RECORD — SENATE April 16, 1996 convinced that an imminent act of dan- to wiretap.’’ First of all, ‘‘I do not have being too adamant about civil lib- ger is going to take place by a particu- a phone. It does not matter. But when erties. I am a person who has often on lar individual, she can order a wiretap I go use a pay phone, they cannot get this floor been castigated by my Re- that will last for 48 hours, and within me now.’’ Are you going to know? ‘‘My publican friends as being too concerned those 48 hours she has to go to a Fed- God, they have this change in habeas about civil liberties and am now being eral judge, convince that Federal judge corpus now. I am going to really worry opposed by those who say these provi- she has probable cause to put that in about whether I commit this crime.’’ sions that I feel strongly about pay too place in the first place, and, if she did I mean, come on. Come on. Ask any little heed to the civil liberties and not, it gets thrown out? police officer if you have a case on ter- give too many powers to law enforce- You can do it for John Gotti now. rorism. Would you rather have a ment. You can do it for organized crime now. change in State habeas corpus or the Ever since I came to the Senate 23 But guess what? Our friends in the ability to have emergency wiretaps? years ago, I have made it my top prior- House decided you should not be able Would you rather have a change in ha- ity, my nonnegotiable priority, to fight to do it for terrorists. What is the logic beas corpus, or would you rather have for civil liberties. I take a back seat to of that? Tell me. multipoint wiretaps court approved? nobody when it comes to standing I do not ever remember being as What do you think they are going to against the unwarranted expansion of upset about what has happened to a say? What do you think they are going Government power and standing up for piece of legislation. Tell me the mes- to say? If you ask them, ‘‘Would you the privacy rights and liberties of all sage we send to terrorists. What is the rather have the health care system of Americans. Yet, I am here in support of message you want to send them? ‘‘Do America reformed or have that provi- a tough, comprehensive, well-balanced not stop here. Wrong place.’’ What is sion,’’ they may say the health care counterterrorism bill that all of you the message you want to send them? system of America needs reform, but it supported as well. With all due respect We have tools. If you are engaged in has not anything to do with terrorists. to my friends in the House, the con- terrorist activities affecting Americans They may want habeas corpus, but it ference report does not strike that bal- ance and it does not do the job that in the United States of America, to get does not deal with terrorism. It does must be done to protect Americans you before you act, what are those not mean we should not include it. It from the threat of terrorism. tools? My friend was a prosecutor. Ask sure means we should not advertise I believe Chairman HYDE was right any prosecutor in here, ‘‘What are the this legislation as legislation that when, during the House debate on the tools?’’ Wiretaps, wiretaps, informants, fights crime. bill, he opposed the amendment offered information before the act occurs. But The destruction of Pan Am 103 re- by Congressman BARR of Georgia, stat- what do we do in this bill? We send a minds us that Americans are vulner- ing, ‘‘Passage of the amendment would message to terrorists: ‘‘Do not worry; able wherever they are. The 1993 terror- leave the bill a frail representation of no multipoint wiretaps for you.’’ ist bomb at the World Trade Center in what started out as a robust answer to My friend from Utah says, correctly, New York and the bomb blast at the the terrorist menace.’’ that initially the President referred to Federal building in Oklahoma City Let me say that again. On the floor the roving wiretaps. He says what the were terrorist acts by anybody’s defini- of the House of Representatives the chairman of the House conference said, tion. In response to the World Trade conservative chairman of the House that that upsets people. They mis- Center, Oklahoma City, et cetera, the Judiciary Committee, HENRY HYDE, understood. They thought they could President sent to the Congress the sec- when Mr. BARR introduced those indiscriminately put wiretaps. We ond bill focused primarily on inter- amendments relating primarily, in this know that is what they could do. The national terrorism. Then, when the case, to the wiretap, said to his fellow chairman of the Judiciary Committee Oklahoma City blast occurred, he sent Members of the House, if the Barr knows it does not give the Federal a bill that also addressed the domestic amendment passes, it will ‘‘leave the Government that power, but because, terrorist threat. bill a frail representation of what apparently, whoever it was—talk show Here in the Senate, the majority started out as a robust answer to the host, letter writers, or somebody—con- leader, Senator DOLE, and Senator terrorist menace.’’ He was right then. vinced them of that, they say we can- HATCH introduced a bill based in large He is right now. What we have before not pass it because the public mis- measure on that proposal with some us is a useful but frail representation understands—misunderstands. additions. They brought it to the floor of what started out to be a robust mes- How many people in the public do within 2 months of Oklahoma City sage sent to terrorists across the you think understand accelerated de- tragedy. The numbers in the Presi- world, which was, ‘‘Not here in the preciation for equipment in factories? dent’s proposals that were not initially United States. We are empowering law What do you think? Does anybody included in the Dole-Hatch bill were enforcement, with the due respect and stand here on the floor and say, ‘‘You added on the floor by overwhelming bi- regard to American civil liberties, to know, because it is difficult for the partisan support, and in the end the have additional tools to fight terror- public to understand that concept, we bill passed 91 to 8. Every one of the ism.’’ That, unfortunately, is not what are not going to pass tax provisions Senate conferees supported the bill. has happened. that relate to accelerated deprecia- Think for a moment who we are talk- Today, I and others will offer mo- tion?’’ ing about: ORRIN HATCH, STROM THUR- tions to recommit the bill to con- How many people understand on this MOND, ALAN SIMPSON, JOE BIDEN and ference with the intent of saving this floor, or off this floor, how the Inter- TED KENNEDY. It is not often you get terrorism bill. I believe my friend when national Monetary Fund works? Do we this group all together on a major con- he says to me that, if this bill passes sit here and say, ‘‘You know, because if troversial piece of legislation. And, without being strengthened to some- we took an exam, the American public when you do, you can be sure that thing like it was before, that he will would not know what it meant, there- there is something we have seen pre- work with me to create another sepa- fore, even though we know it is good, cious little of around Washington: com- rate bill to add all these provisions even though we know it is in the na- promise and bipartisanship. that I want in the bill—or that we want tional interest, we should not do it.’’ The product of this compromise and in the bill. I believe him. That is just what we said; because bipartisanship was a bill that struck a But we know the process. This is people misunderstand what a roving key balance, a balance about protect- going to be an extremely political wiretap is, we cannot have one. ing Americans from terrorists on the year. The idea of anything passing You are a terrorist. You are sitting one hand while at the same time pre- here, with Senator DOLE as the leader there. You are the Unabomber—alleg- serving the individual liberties that are running for President, that is going to edly, assuming he got caught. You are the very hallmark of our American upset the folks over on the House side sitting in your old cabin watching way of life—and the very thing that in the minority of his party, I think is portable TV, battery driven, and you terrorists wish to take away. less than real. It is understandable. It see the Senate goes out and says, ‘‘You I am struck by an irony here. I am a would be the same if there was a Demo- know, do not worry. We are not going guy who has been criticized about cratic leader running for President. It April 16, 1996 CONGRESSIONAL RECORD — SENATE S3359 is not likely to happen. I doubt wheth- main in the law. Wiretap proposals I HYDE contained the first modest step er anyone here will stand on the floor will seek to include in the conference for this commonsense approach. It con- and tell you there is even a 1 in 10 report are limited and modest, but tained a study, just a study to deter- chance of passing any of the things I they are urgently needed so we can mine if there is a fair test to determine am going to raise or my friend from identify and stop terrorists before—be- whether or not a cop killer bullet is California is going to raise as inde- fore—before—before—before they just that or is not that. pendent pieces of legislation. This is strike. But even this modest step forward our chance. In the Senate, Senators NUNN and was changed in the conference report. So, at a minimum we are talking THURMOND hammered out a very lim- The conference bill includes a provi- about a year or two delay. And how ited and commonsense provision to in- sion added on the House floor to study many terrorist acts might we have pre- volve the military if we should ever, how police officers are killed, with vented if we had given the law enforce- God forbid, face an emergency involv- mandatory participation by national ment officials the tools that we are ing biological and chemical weapons of sporting organizations. What do they taking away from them here? How mass destruction. Remember, we are know about cops being killed? many? Pray God none. Pray God some- talking about only technical and The study is a setup. one will be able to be here, assuming I logistical support from the military, We already know that armor-piercing am here in 2 years, to stand on the not law enforcement. We are talking bullets have never actually killed a floor and say: ‘‘BIDEN said in mid-April about an emergency involving biologi- cop, but that result is because we have of 1996 that if we do not put these pro- cal and chemical weapons of mass de- been able to ban armor-piercing bullets visions in the bill, we would have lost struction; something the military is es- before they are marketed. So the so- the ability to stop some terrorist acts. pecially trained and equipped to deal called study in the conference report is I would like to say to Senator BIDEN, with. The military, I might also add, a first step, it seems to me, in an effort there have been no terrorist acts in 2 has this limited authority when it to stop any action that may keep cop- years, so he was wrong.’’ comes to nuclear weapons now. Sen- killer bullets off the street. I found this I will gladly, overwhelmingly, with ator NUNN has now perfected that lan- astounding. joy in my heart, say, ‘‘You were right, guage, and we should include his provi- It seems to me the conference report, Senator. I was wrong. We did not have sion in this bill. while stripping out a number of provi- any terrorist acts in 2 years.’’ But, can The conference report also fails to in- sions to crack down on terrorists, anybody deny that denying the Federal clude a number of other provisions in would make our law enforcement offi- Government the ability to wiretap like the Senate bill which I believe the con- cers, who every day put their lives on they can for the Mafia, denying the ference report should contain, includ- the line, fair game for criminals in Federal Government the ability, with ing the following: We should add ter- ways they are not now. probable cause signed by a Federal rorism crimes to the list of RICO predi- The conference report orders a com- judge, to wiretap people suspected of cates, that is those laws which are de- mission to study not the terrorists but terrorist activities—that is not going signed to deal with organized crime, Federal, State, and local law enforce- to enhance the chance we stop it? and make the penalties harsher. We ment officials who work to protect Today we will have a rollcall on a should make it a crime to teach some- Americans from terrorism. Again, I number of these votes. Today, I and one how to make a bomb when they in- find this astounding. I hope the police others will offer motions to recommit tend it to be used. That is what the officers of America are listening to the conference report. We must restore Senator from California will speak to this. This bill calls for a study of what the President, Senator DOLE, Sen- again. We should extend the statute of American police officers. Did you hear ator HATCH, Chairman HYDE, Rep- limitations for certain firearms of- what I said? A study of American po- resentative MCCOLLUM and many oth- fenses, as we do for other offenses. lice officers, not a study of terrorist ers on both sides of the aisle in both All the provisions I have just men- groups, a study of American police offi- Houses thought were important at one tioned were contained in the Senate cers. point, which is to take a clear and un- bill which, as I said earlier, passed with I want to repeat, it is my intention equivocal stand against terrorists, the votes of 91 Senators and all the to send the President a tough com- whether they are overseas or in our votes of us representing the Senate in prehensive bill. Since the conference own homeland. the conference. What is more, at the report does not meet this standard, I As the President has said, we must be same time that the conference bill goes will offer a series of motions to recom- guided by three bottom-line goals. easy on terrorists, it gets tough on law mit the bill so that we get it right. First, we must protect Americans enforcement officials. For example, the I hope all of my colleagues will sup- without curtailing Americans’ rights. House had stripped from the original port just what they supported before. I Second, we must give law enforcement bill a provision that would have helped am not asking anybody to change their officials the tools they need to protect protect police officers from cop killer mind. I am satisfied if the six people Americans from terrorist attacks. And bullets. who voted against it before vote third, we must make sure that terror- Let me explain that just for a against it again, but I hope that we ists are not given safe haven, support, minute. In 1986, and again in 1994, the have a principled vote here where peo- and comfort here in our country. Congress outlawed a few bullets capa- ple vote the way they did before on I end by complimenting my friend ble of penetrating body armor worn by these issues and not be cowed by a mi- from Utah for fighting hard to get our Nation’s police officers for their nority in either party, in either House these and other provisions back in the protection. The key problem with this at any time. I yield the floor. bill. He got some of them back in the approach is that it is possible, indeed Mr. HATCH addressed the Chair. bill in a conference, in his meetings altogether probable, that a new bullet The PRESIDING OFFICER (Mr. with House Members. But in my view, can be manufactured and brought to FRIST). The Senator from Utah. he did not get the single most impor- the market before Congress can pass PRIVILEGE OF THE FLOOR tant provision in the bill. That is why, legislation to stop it. For that reason, Mr. HATCH. Mr. President, I ask as a Congress, we must give the FBI many had sought a performance test. unanimous consent to permit Nick authority to use wiretaps in criminal In other words, let us all agree on a Altree, Sammy Linebaugh, and Chris- investigations; where we wrote special test that will determine what kinds of tina Rios privilege of the floor during stringent protections into the statute bullets can penetrate the body armor the pendency of the terrorist bill. in order to protect legitimate private typically used by police officers. Then The PRESIDING OFFICER. Without interests. Each and every one of these bullets that fail the test, so-called cop objection, it is so ordered. protections range from strict probable killer bullets, would be banned before Mr. HATCH. Mr. President, I have en- cause showing to approval by a Federal they can see the light of day or kill a joyed my colleague’s remarks. Senator judge to a requirement that officers cop. BIDEN made some good points; some minimize intrusive wiretaps, and time The bill reported out of the House are not good, in my view. The most im- limits on any authorization will re- Judiciary Committee by Chairman portant issue in this debate happens to S3360 CONGRESSIONAL RECORD — SENATE April 16, 1996 be habeas corpus reform. The one corpus reform. We have worked hard to using deadly human pathogens to harm thing—the only thing—the one thing make sure it does not violate the Con- our citizens. By enhancing penalties and the only thing that the Oklahoma stitution or place inappropriate re- for and restrictions on the use of bio- victims have asked for, the only thing strictions on cherished first amend- logical agents, the Antiterrorism and they mentioned and they asked for was ment freedoms. Effective Death Penalty Act of 1996 habeas corpus reform. The survivors of Nothing in the habeas provisions of would decrease the opportunities for that tragedy know that habeas is the this bill prohibits the free exercise of terrorists to perpetrate their crimes most important issue for them. Habeas religion or speech or impinges on free- with biological weapons. is particularly relevant here because dom of association. We are talking now It may surprise even the American the district attorney for Oklahoma about material support to terrorist people to know that very dangerous, City has promised—he has promised— functions of foreign groups. even deadly, organisms that cause dis- that the perpetrators of the bombing Moreover, nothing in the Constitu- eases and death in human beings are will be tried for murder in State court. tion provides the right to engage in vi- available for purchase, not only by le- Thus, habeas corpus reform applies, be- olence against fellow citizens or for- gitimate users, but also by those who cause this bill applies to both Federal eign nations. Aiding and financing for- may use them with criminal intent. and State proceedings. eign terrorist bombings is not constitu- We have had instances where a Moreover, there is evidence that tionally protected activity. phonied-up letterhead, looking like a delay exists in the Federal courts, con- Additionally, I have to believe that research institution, has applied for trary to what my dear friend and col- honest donors to any organization human pathogen problems and biologi- league has said, and this habeas pro- want to know if their contributions are cal agents that could cause death to posal places limits on Federal petitions being used for such scurrilous terror- humans. Because these agents cause such devastating diseases as bubonic for habeas corpus as well. ism purposes. We are going to be able The game is going to be over. The to tell them after this bill. This is an plague and anthrax, it is crucial that victims understand it. Thank God the important provision. It is a major pro- the Federal Government more closely rest of us are not victims of that bomb- vision that we would want to pass regulate, monitor their movement over ing, but they understand it. They know whether we have habeas corpus in here both interstate and foreign channels of trade. While I strongly favor a reduc- darn well this is the only provision or not, although the habeas provision tion in the Government’s overall regu- that really will make a difference in is extremely important. latory posture, there is a clear and their lives. So habeas clearly applies to Inextricably linked to this provision present danger with respect to the this situation. on being able to deter alien financing The point is that justice delayed is of foreign terrorist organizations is the threat of biological terrorism. To give you just one example, the justice denied. It is impossible to stop related issue of the designation of cer- Washington Post recently reported a terrorist attack that is motivated by tain foreign organizations as terrorist that in May 1995 an Ohio man, using organizations to which the fundraising political fanaticism, and that appears letterhead that appeared to be a legiti- to be what we have here and it appears ban would also apply. mate laboratory, faxed an order for I sympathize with the concerns that to be what occurs in almost every ter- three vials of the bubonic plague agent have been raised on this issue. How- rorist attack. But it is possible to en- from the American Type Culture Col- ever, I believe that there can be no ef- sure that the perpetrators are pun- lection, the ATCC, in Maryland. After ished. Justice delayed is justice denied. fective ban on terrorist fundraising un- a series of events, the FBI later discov- I also point out to my friend and col- less the Government is given limited ered that this individual already pos- league that the bill does contain tough power to designate which foreign sessed deadly microorganisms in addi- antiterrorism provisions, contrary to groups are, indeed, engaged in terrorist tion to a cache of rifles, grenades, and what he indicated that this is the only activity. The United States has a re- white separatist literature. Although provision this bill is all about and it is sponsibility to its own citizens and to the man was prosecuted under mail and the whole bill. It is not at all. the world community to help cut off wire fraud statutes, these charges No. 1, we have the designation of for- funds flowing to terrorists. I am con- might not otherwise have been avail- eign organizations as terrorist groups vinced we have crafted a narrow but ef- able had he not sent the bogus letter- provision. It is a very, very important fective designation provision which head. change in criminal law. It is a tough meets these obligations while safe- For example, gaps exist in the cur- thing. guarding the freedom to associate, rent regulations that allow anyone to The bill includes provisions making which none of us would willingly give possess deadly human pathogens. Thus, it a crime to knowingly provide mate- up. in turn, it makes prosecution of people rial support to terrorist functions of So that provision of financing of for- who attempt to acquire them, even for foreign groups. This provision is aimed eign terrorist organizations is very im- illegitimate purposes, very difficult in- at cutting off the dollars and, thus, the portant. deed. Under current law then, law en- lifeblood of foreign terrorist organiza- No. 2, we provide a provision in here forcement authorities must wait until tions that are wreaking havoc and de- for the exclusion of members of terror- human pathogens are actually used as stroying lives all over the world. ist organizations. We will not even let weapons before criminal prosecution The United States provides a lot of them come into this country. Right may be pursued. that money. People do not realize that now they can and they do. We are In response, this bill strengthens law here. They do not even realize we have going to get tough on that, and this enforcement’s hand by prohibiting con- up to 1,500—and I am just using very legislation provides that type of law. spiracy, threat, or attempts to use bio- modest figures, these are figures from It is important stuff. This is not just logical weapons, in addition to their 10 years ago—at least 1,500 known ter- habeas corpus, although that is impor- acquisition and their possession. The rorist groups and people in this coun- tant in and of itself. It is the only fact that human pathogens are avail- try that we are watching and monitor- thing that the victims yesterday called able to several legitimate groups poses ing. Most people in this country do not for. They said it is the one thing they unique regulatory problems which our realize how important this is, but the want more than anything else. But bill has, I think, successfully over- victims of the Oklahoma City bombing, these other provisions are important, come. the World Trade Center, the Lockerbie too. In addition to the lack of interagency bombing, they all know what is in- No. 3, we have a prohibition, like I coordination in this area, the relevant volved here, and that is what they say, on terrorist fundraising activities regulations have not kept up with ad- asked for yesterday, and the reason in this society. vancing science. So it is important, they did is because they know it is No. 4, we prohibit financial trans- and, accordingly, the legislation here going to make a difference. actions with terrorists, and we provide authorizes the Secretary of Health and I worked hard to ensure that this the language that will help to do that. Human Services to regulate the trans- provision will not violate the Constitu- No. 5, we adopt regulations on human fer of harmful biological agents. How- tion, that is the provision on habeas pathogens to prevent terrorists from ever, when promulgating regulations April 16, 1996 CONGRESSIONAL RECORD — SENATE S3361 and the listing of biological agents sub- we have traditionally thought of nu- The purpose of this bill really is very ject to these regulations, the Secretary clear terrorism in terms of the detona- simple. By marking or requiring the is to ensure the continued viability of tion of nuclear bombs against civilian marking of plastic explosives, not only the use of such agents for legitimate or military targets in the United will we effectively deter future terror- purposes. States, we are also acutely aware of ist acts, but we will also substantially So we are attacking these problems the threat of environmental contami- improve our chances of bringing to jus- before they result in tremendous trage- nation as a result of nuclear material tice those who place innocent lives in dies. This bill will do that. My col- getting into the wrong hands. jeopardy, endanger our national secu- leagues and I believe that the Amer- The nature of nuclear communica- rity, and disrupt international com- ican people deserve better than the tion is such that it may affect the merce by the use of these stealthy, current regulations and criminal stat- health, environment, and property of deadly devices. utes we have in this area which have U.S. nationals both here and abroad The distinguished Senator from Dela- left us vulnerable to the potential use even if the illegal conduct is directed ware raises a good point when he de- of human pathogens as terrorist weap- at foreign nationals. This is why in- sires, and we in the Senate enacted—it ons. creasing the scope of prohibitive mate- was a Hatch provision again. These are Since we have not kept pace with rials is so important. Because there is provisions I worked on. These are pro- science and technology and recognize currently no Federal criminal statute visions I wanted in the bill. There is no that we live in a more dangerous world that provides adequate protection to question about that. We put mandatory than we once did, this legislation takes U.S. interests from nonweapons grade, taggants on all explosives, in a certain strong action and makes a strong re- yet hazardous, radioactive material, sense. sponse right now. That is another rea- this is all in this bill. This is important The fact is that the explosive used in son why it is important. stuff. Oklahoma City was the result of a fer- No. 6, we restrict the transfer of nu- This is not just a habeas bill. But tilizer. But the fact, also, is that before clear materials and chemical biological even if that were all it was, it is worth we put taggants on those, we have been weapons. The Antiterrorism and Effec- passing because that is the one thing cautioned by the mining industry, tive Death Penalty Act of 1996, this that the victims of these criminal ac- which has to use explosives throughout bill, gives Federal law enforcement of- tivities and terrorist activities have its processes, by the stone industry, ficials the tools necessary to combat called for. Frankly, it was the only which has to use explosives, by other the threats of nuclear contamination thing they called for yesterday, al- industries that are prone to use explo- and proliferation that may result from though I am sure that they recognize sives, that they are afraid that manda- the illegal possession of and trafficking these other matters and are very happy tory taggants could be very dangerous in nuclear materials. It is in the vital to have them. to their workers and to their efforts. national security interests of the Unit- No. 7, we require tagging devices in Frankly, in order to solve that prob- ed States that we take every conceiv- plastic explosives. This bill will tag lem and in order to solve some of the them. It does tag the devices in plastic able step within our power to restrict worries and concerns of those over in explosives. Now, there is, in my opin- the flow of nuclear materials around the House, we then did what is the next ion, a reason to tag other things as the world. best thing—frankly, probably is the well, but I have to say there are rea- With this simple truth in mind, this best thing under the circumstances— sons not to at this point. legislation recognizes that the threat since we have had these matters Let me make this point. The that nuclear materials will be obtained Antiterrorism and Effective Death brought to our attention by ATF, the and used by terrorists and other crimi- Penalty Act of 1996, this bill, fulfills Bureau of Alcohol, Tobacco, and Fire- nal organizations has increased since the obligation of the United States to arms, which handles the explosives the enactment, some 14 years ago, of implement the Convention on the matters and has been studying it for the Convention on the Physical Protec- Marking of Plastic Explosives for the years, by OTA, which as of a few years tion of Nuclear Material. Accordingly, Purpose of Detection, entered into in ago said these may be dangerous. We this bill proposes to give Federal law Montreal in 1991 in the tragic wake of do not have the answers as of yet, so enforcement officials the maximum au- the bombing of Pan Am flight 103. It we provide for a study to determine thority permissible under the Constitu- required that detection devices be just how dangerous it is, and whether tion to address this increased threat. placed in all devices imported to or ex- we can put taggants in, that will be One of the ways the legislation pro- ported from the United States and pro- safe and will protect the workers in vides new tools to law enforcement is vides criminal penalties for violations. these industries. It is a serious con- through the expansion of the scope and It should be noted that criminal pro- cern. It is one that we can resolve. We jurisdictional basis of nuclear mate- visions with respect to the incorpora- resolve it by giving a year for that rials prohibitions. This is accomplished tion of detection agents in plastic ex- study and allowing the regulatory in part by recognizing that nuclear by- plosives do not apply retroactively to agencies to enact regulations and al- product materials, in addition to any Federal agency performing mili- lowing time for Congress to review nonderivative nuclear materials, poses tary or police functions or to the Na- them and finally resolve them. It is a a major threat, not only to our mili- tional Guard of any State, only if such reasonable approach. tary and commercial assets, but also to incorporation occurs within 15 years of Yes, it is not as far as I want it to go, the environment. enactment of the Montreal Convention. that we did go in the Senate bill, but it This broader definitional scope is es- Furthermore, governmental transfer is a reasonable compromise. That is sential if law enforcement is going to or possession of such nonconforming what we have had to do here. have the kind of prosecutorial reach devices will not be considered a crimi- This is not just a habeas bill. This is necessary to keep up with the techno- nal act nor will transfer or possession a lot of things we have had to com- logical developments in the field. Iron- by private citizens of nonconforming promise with the House to get it done. ically, the increased threat of terrorist devices manufactured prior to this leg- Let me go to No. 8. We enhance pen- nuclear activity is to some extent a re- islation if this occurs within a 3-year alties for many terrorism crimes. We sult of our, the United States, success grace period of its enactment. do not enhance them for every crime in obtaining agreements from other These provisions in this bill affecting that the distinguished Senator from countries to dismantle nuclear weap- the manufacture, distribution, and use Delaware wants us to. I do not disagree ons. of plastic explosives are absolutely with him. Look, we have gone through While we all applaud these efforts, critical given the likelihood that with- in the last few years, Waco, Ruby they have resulted in increased packag- out them plastic explosives will con- Ridge, the Good Ol’ Boys Roundup, we ing and transportation of nuclear ma- tinue to be used with even less cer- have gone through other types of law terials, which has created a more dif- tainty of detection for acts of unlawful enforcement matters. There are people ficult security environment because it interference with civil aviation, mari- who are terrified of the IRS, people has provided greater opportunities for time navigation, and other modes of who are afraid of their own Govern- unlawful diversion and theft. Although transportation. ment. If you look at the polls, the vast S3362 CONGRESSIONAL RECORD — SENATE April 16, 1996 majority of them are afraid of their ‘‘60 Minutes’’ appearance when, in re- on all the time. We have judges who do own Government today because of sponse to a question about whether not like the Federal death penalties. some of these things. those responsible would actually be ex- They do not like the State death pen- We have looked into these and there ecuted without the adoption of habeas alty, so they do anything to grant a ha- have been some mistakes. Because of reform, he said, ‘‘It may not happen, beas corpus petition. That game will be these fears and the perceptions that but the Congress has the opportunity over once this bill passes. This bill re- arise from these fears, we have had to this year to reform the habeas corpus quires deference to court action unless go gently on some of the areas where, proceedings and I hope they will do there is some very good reason not to yes, the distinguished Senator from so.’’ defer, and I have to say that is a major, Delaware and I probably would agree. The claim that habeas corpus reform major, change in criminal law. It is im- We worked together a lot in these is tangential or unrelated to fighting portant. areas. I have tremendous respect for terrorism is just plain ludicrous. In- My colleague says, how does chang- his abilities in this area. I do not agree deed, habeas corpus reform has far ing habeas corpus have anything to do with him that this is just habeas cor- more to do with combating terrorism with terrorism? I think he outlined it pus and it does not have much else. than many of the proposals contained pretty good and indicated it has noth- Give me a break. This bill has a lot be- in the administration’s own ing to do with State courts. Of course sides habeas. Even if it was only a ha- antiterrorism package, such as the pro- it does. If it is in a State court he said beas bill, that is the most important posals to enhance FBI access to tele- it has nothing to do with Federal criminal law change in the century. It phone billing records and to loosen crime. Well, what happens under cur- is important. Anybody who under- standards for the use of roving wire- rent law is these people try to get into stands it and who wants to get tough taps in felony cases. I would like to do the Federal courts where they figure on crime, who wants sentences carried those but habeas has more meaning they have more liberal judges who are out without delay, without unreason- than they do. going to find any excuse they can to able delay, wants this bill. That is the Most capital cases are State cases. overturn a death penalty, and my vast majority of people. The State of Oklahoma could still pros- friend indicated, ‘‘Well, it does not get Let me say there is probably not one ecute this case, and the district attor- them out of jail.’’ Sometimes it does. thing in this bill—I cannot think of one ney says it will. Our habeas reform pro- If a habeas corpus petition is granted thing in the bill that my colleague posal would apply to Federal death and a Federal death penalty is over- from Delaware really opposes other penalty cases, as well. It would directly turned, it is 18 years down the pike, all than habeas corpus. And he is willing affect the Government’s prosecution of witnesses are dead or gone, and you to accept that. Because he disagrees the Oklahoma bombing case. Indeed, cannot put a case on in the courts, that with habeas corpus reforms, he and several people were killed just outside creates tremendously complicated others, it looks to me like they are the Oklahoma Federal building, the problems. This is not as simple as some willing to delay this bill. I hope they terrorists who destroyed the Federal would make it out to be. You can get do not. I hope we can move ahead with building could thus be tried in State into that on both sides of that issue, I his motions here today and get this court for the murder of those citizens. suppose, ad infinitum. matter done. I suggest that we pass this report and The district attorney for Oklahoma I have to say that justice delayed, as return to many of the issues that Sen- City, as I said, is planning those pros- I said before, is justice denied. There ecutions. are crazy people out there that no ator BIDEN outlines in subsequent leg- The provisions of this bill dem- islation. I will work closely with him amount of wiretapping, no amount of onstrate the relationship of habeas re- and with others to be able to do that, any kind of predisposition toward law form to the terrorist bombing. No. 1, it to make sure we know what we are enforcement is going to stop them. doing when we do it. In fact, I promise would replace a 1-year limit for the fil- These people are crazy. These people ing of a habeas petition on all death Senator BIDEN once this bill is signed, have no sense about them. They have I will work with him to draft legisla- row inmates, State and Federal in- no sense about them. They are not dis- tion looking at enhancing wiretap au- mates; No. 2, it would limit condemned ciplined. We have to have some way of thority, or any of the other issues he killers convicted in Federal and State resolving these problems. has raised. We try to solve these prob- court to one habeas petition, to where I have to say, I do not disagree with lems with study and with other ap- under current law there is currently no my distinguished colleague and friend. proaches in this bill so we can bring limit to the number of petitions he or There are things, yes, I wish were in both sides of the Hill together. she may file; No. 3, it requires the Fed- this bill. Again, this is the art of com- Yes, I agree with him on a number of eral courts, once a petition is filed, to promise. This is the art of the doable. things. I wish we could put them in complete the judicial action within the This is the art of having to bring both this bill. In the perfect world that he specified time period. Clearly, by pass- bodies together. I think the Senate can and I believe in, we would do that. On ing these provisions, we ensure that do a better job on this bill than the the other hand, this is an imperfect those responsible for killing scores of House. I have to say, having said that, world, and there are a significant num- United States citizens will be given the I think the House has come a long way ber of people—both Democrats Repub- swift penalty that we as a society towards the Senate bill, and we got licans, by the way, over in the House— exact upon them. them to go as far as we can, and the who literally do not agree with us. I Let me just say this: My friend and areas we cannot, we have studies or think we have to put these things in colleague from Delaware said without other approaches to help solve the perspective. the crime bill there would be no Fed- problems. Now, rather than exploiting the dev- eral death penalties. I commend him Let me name some provisions in this astation of Oklahoma City, I believe for that. I worked hard with him to get bill that were not in the original bill that we are protecting the families of that. I think it was a good thing. The filed by Senator BIDEN on behalf of the the victims from additional unwar- fact is that every State, almost every administration: ranted victimization. Comprehensive State does have a Federal death pen- Pen registers and trap and trace de- habeas corpus reform is the only legis- alties. vices on foreign counterintelligence lation Congress can pass as part of the Senator BIDEN makes the case that and counterterrorism investigations. terrorism bill that will have a direct these are State cases for the most part. That was in the second bill. It is not in effect on the Oklahoma City bombing, That is true, involving habeas corpus. this bill. or the Lockerbie bombing or the World Where is the Federal habeas corpus Disclosure of information in Trade Center bombing. It is the one problem, he says? I have to say one of consumer reports to FBI for foreign thing that Congress can pass to ensure the biggest problems, loony judges in counterintelligence purposes. That was that President Clinton’s promise of the Federal courts who basically will in the second bill filed for the Presi- swift justice is kept. grant a habeas corpus petition for any dent. Like I say, President Clinton recog- reason at all. Because they do not have Let me just go down the list here. nized this fact during his April 23, 1995, the teeth in the law to stop it, it goes Civil monetary penalty surcharges. It April 16, 1996 CONGRESSIONAL RECORD — SENATE S3363 was in the first bill. Nobody has it in that are in this bill and were in the know, APAG supports this bill. They this bill. Senate bill and we were able to talk know the Jewish people have been tar- Increased penalties for certain the House into putting in here. gets of these terrorist activities, and crimes. We have a number in the Sen- So it is not just a habeas bill. If that they know it is not going to stop, and ate bill we passed, and they are in this is all this is, it is worth everything we they know this bill will make a dif- conference report. They were not in the can put into it. It will be one of the ference, and it could solve some of two bills filed for the President. most impressive and important these problems. We have all of the sur- Enhanced penalties for explosives or changes in criminal law in this cen- vivors of the Oklahoma City bombing, arson crimes. They are in this con- tury. Frankly, the other provisions and we have the Oklahoma Attorney ference report but not in the two bills will go a long way toward stopping and General, who appeared at the press filed for the President, to my knowl- penalizing terrorist activity in Amer- conference yesterday and made some of edge. ica. the most eloquent, hard-hitting, and Study and report on electronic sur- I have gone on and on. I know the strong remarks with regard to the sup- veillance. That was not in either of the Senator from California wants to port of this bill. We have the National President’s bills, but they are in this speak, as do others. You can go on with Association of Attorneys General sup- bill. It was in the Senate bill. this because there are so many other porting this bill. Citizens For Law and Expansion of territorial sea. It was in matters I would like to talk to. I heard Order support this. And you can go on the Senate bill and it is in this bill. the distinguished Senator from Dela- and on. The prohibition on distribution of in- ware, for instance, saying the NRA and There are those, I am sure, who may formation relating to explosive mate- ACLU agree on a number of things oppose this bill for one reason or an- rials for a criminal purpose. It was not here, or are opposed to a number of as- other. But we have put together a very in the President’s bill; it was in the pects of this bill for different reasons. bipartisan, acceptable bill that will Senate bill, and it is in this bill. Frankly, the reasons are pretty much really make a difference against ter- Foreign air traffic safety and travel the same. They are concerned about an rorism in this country and really will safety was in the Senate bill, and it is oppressive Government, and they are help this country to breathe a little bit in this bill. concerned about Government activity easier—and, frankly, many other coun- Proof of citizenship. That was in the that goes far beyond where it should tries throughout the world, too, be- House bill, and it is in this bill. It is a go. They are concerned about civil lib- cause of the provisions we have here. strong provision. We did not have it in This is not just a habeas corpus bill. erties and, whether they are right or our Senate bill. But I will say it one more time. If that wrong, they both are concerned about Cooperation of fertilizer research were all that it was, it is worth sup- those matters. They may look at centers. That was in the Senate bill, porting. It would be a tremendous things a little bit differently, but their and it is in this bill, but not in the change, a really tremendous change in concerns are pretty much the same. President’s bills. criminal law that I think would make For those who want to make this out Special assessments on convicted a difference in the lives of many vic- as an NRA bill, that is just fallacious. persons. Not in the President’s two tims throughout the country, and I Let me make some points. They were bills, but it was in the Senate bill, and think it would stop some of the ridicu- not happy with the Terrorist Alien Re- it is in this bill. lous approaches to law that have gone moval Act we put back into this bill. Prohibition on assistance under Ex- on far too long in a country where, NRA did not want the designation of port Control Act for countries not co- really, the great writ was a great writ foreign organizations as terrorist operating fully with the United States. to allow people to get to a trial. The groups. They were afraid some of their That was not in the President’s two writ of habeas corpus we are talking people might be designated. Exclusion bills. It was in the Senate bill, and it is about is a statutory writ. That statute in this bill. of alien terrorists. They did not want needs to be modified by this bill so that Authorization of additional appro- that. These are major provisions that we can stop the foolish game of frivo- priations for the U.S. Park Police. Not we put in here, and we did it in con- lous appeals just because people do not in either of the President’s bills. It was ference. We did it with House Members like the death penalty. in the Senate bill and is in this bill. who are good people trying to do the I can understand if people do not like Authorization of additional appro- best for the country. Funding for the the death penalty. But they can make priations for the Customs Service. In ATF. They hate the ATF [Alcohol, To- legitimate arguments against it. If the Senate bill and this bill, but not bacco and Firearms] the agency of Gov- they can convince a majority of the the President’s bills. ernment regulatory authority for the American people that the death pen- Study and recommendation for as- Secretary to impose taggants at all. alty is a bad thing, I could live with sessing and reducing the threat to law The fact is, we have the authority to that. But they cannot. The American enforcement officers from the criminal do that in this bill. I think these are people sense that it is a deterrent. use of various matters. That was in the all matters that need to be brought up. They sense that it is something that House bill, and we adopted it in the There is one other thing I will bring has to be done, and they also sense that conference report. to the attention of everybody. I believe if the death penalty is imposed, it Mandatory penalty for transferring that some of the major organizations ought to be carried out, and it should explosive material knowing it will be in this country are certainly going to not be made a charade as we have used to commit a crime of violence. support this. I was really pleased to see through these frivolous habeas corpus That was not in the President’s bills, the help that we have had and the posi- appeals through the years. but it was in the Senate bill and it is in tive work that we got from the Anti- I yield the floor. this bill. Defamation League. They deserve a lot Mr. BIDEN. Mr. President, I am de- Directions to the sentencing commis- of credit. They have been very, very lighted to listen to the Senator. I know sion. We have that from the House, concerned about this. There are some what is going to happen. I am going to which we put in the conference report. who will not like this bill just because respond to him, and we are going to There are a number of other provi- we do not have their particular ideas. hear somebody talking about delay. I sions we have put from the House bill Well, I have made a commitment have talked a lot less time than the into the conference report that range here to see that we resolve those pro- Senator from Utah, who was worried from exclusion of certain types of in- grams in the future. We cannot do it in about delaying passage of the bill. I formation, from wiretap-related defini- this context. It does not mean they think he should talk. I have been in tions, detention hearings, protection of will not be resolved. We have four this game before, and I know what is Federal Government buildings in the State attorneys general of the various going to happen. I am going to respond District of Columbia, study of thefts States who support this bill explicitly. to him an equal amount of time, and from armories, report to the Congress, The National District Attorneys Asso- somebody is going to say I am delay- et cetera, et cetera. ciation supports this bill with every- ing. I would like a record to be kept as There are a lot of provisions that lit- thing they have. The Anti-Defamation to how long we have spoken. I have no erally were not in the President’s bills League supports this bill. As far as I intention of delaying this. S3364 CONGRESSIONAL RECORD — SENATE April 16, 1996 I am going to respond as briefly as I torney in Oklahoma, is saying he needs My friend cited as one of the sterling can and then yield the floor and, at a a change in State habeas corpus in objectives and achievements of this later date, introduce my amendments. order to put to death people who in legislation as one example that would Let me point out that you are looking fact committed the Oklahoma bomb- create a new crime, a new Federal at somebody who not only does not op- ing, they will already be dead. They crime—terrorism—that says that pro- pose the death penalty, I wrote the bill will already be dead, if they are con- viding material support for terrorists that added 57 new penalties. victed, because they will be convicted is now a Federal crime. That is good. So I am not opposed to the death under a Federal law, and they will be That is the gun and one bullet. But penalty. I am not only not opposed to hung or injected with a lethal injection guess what we do? We say that you it, I authored the Federal death pen- under Federal law. They will be dead. I cannot use a wiretap under Federal law alty legislation. And the bill that I au- surely hope he will not delay their to go after people who have provided thored is the reason why those people death by deciding to have a whole new material support for terrorist groups. in Oklahoma are going to be able to get trial in State court. Again, it sounds We do not include that in the list of the death penalty in a Federal court, if reasonable when he says it to you. But crimes for which you can get a wiretap in fact there is a conviction. That is when you parse through it, it makes no under Federal law. The Senate did. The No. 1. sense. House did not. So we do not include Second, I disagree with the habeas Why would you try someone, and that. So we give them a gun. We give corpus provisions that are in here. But then delay the imposition of the death them the bullet. But we do not give I am not going to oppose the bill based penalty after they have already been them the full chamber. It is positive; on that. I am not going to offer amend- convicted and are about to be put to agreed. But why in the Lord’s name ments to change that. death? would you allow people to get a wire- The other thing I would say is that So, as we say in the law, the red her- tap for bank embezzlement and not a there are some taggant provisions in ring keeps being thrown up here by here. I compliment my friend on the wiretap for materially supporting a those who are opposed to the death taggants. Everyone should know what terrorist organization? Why would you penalty, and it is really about habeas. taggants are. They are little tiny par- do that? I do not understand that. And it is not about that. Lastly, I would point out that—there ticles that they put in the manufacture Third, those liberal Federal judges is much more to say but I am not going of weapons, of bombs, of material that my friend is talking about, 57 out of to take as much time as my colleague goes into bombs. So when the bomb the 100 of them are Republican liberal because my friend from California has goes off, the easiest way to think of it judges; 57 out of every 100 of them were as a lay person, if somebody has a little been standing here for all of this appointed by President Bush and Presi- Geiger counter, metal detector, they go time—the Senator went into great de- dent Reagan; 57 out of every 100. around and pick up these taggants. tail about human pathogens and chem- So, to the extent that they are lib- They blink. They make sounds. So ical and nuclear and biological warfare. eral and not the majority of the court, they can identify. Then they can look He is right. We added those crimes. We it is a Federal court appointed by two and see the taggant, and they can put added enhanced penalties. But guess Republican Presidents. it under a microscope and find out that what we did? We said, if it is a chemi- Just to clear some of the clutter this taggant, this material used in this cal or biological weapon, you cannot do away here, I also point out to you that bomb, was made in Dover, DE, or Sac- what you can do for nuclear weapons. there are some very tough provisions ramento, CA, at such and such a place, You cannot bring in the only people in this bill. I am not saying there are such and such a batch, and such and who know about them; the military— not. There are very tough provisions. such a time. Then they can trace who the only people trained with the equip- My initial response was that the big- purchased that batch of material, and ment to dismantle them, the only peo- gest weapon in here to fight terrorism they trace it back. And they find the ple who know how to identify them. was habeas corpus. That is an after- guy who put the bomb together. That You cannot bring them in for chemical, the-fact weapon, not a before-the-fact is what a taggant is. That is what it or for biological weapons. But you can weapon. I am not as terribly optimistic means. for nuclear. Again, an example of a as my friend from Utah. I believe we We had a very strong provision. The half-step that is very positive. It is in can stop terrorism. I believe we can House had a weak provision. But to the the right direction. But then you make stop terrorists. If the only thing I was credit of my friend from Utah, last it not useless but incredibly difficult to to do here as a U.S. Senator was to night he put in the process that guar- enforce, or to deal with because you clean up in the aftermath of terrorist antees there will be taggants because cannot call in the experts. acts and make the prosecution more everyone should know this: That, al- It is like that movie you all saw, that available, then I would think I was though there will be a study, the study one with Dustin Hoffman, and the dan- doing half my job. That is not ques- once completed automatically goes ger that breaks out in the town, ‘‘Out- tion. I do not question for a moment into effect. So anyone who objects to it break.’’ Let us assume a terrorist that the victims of the Oklahoma will have to get a majority vote in the under this law uses a biological weap- bombing and their families very much House and the Senate to defeat it. That on. You are not going to have Dustin want the habeas corpus provision. I do is a very positive thing he did; very Hoffman flying in with the people in not question that. They are victims. positive thing. And I compliment him helicopters who are military who can There are two things we are trying to for it. deal with this. They are not going to be do in this bill—deal with the victims of Although it will delay by 28 months allowed to deal with it because we pre- terrorism and prevent new victims. My what we wanted to do, it will make it vent them from dealing with it. We do point is habeas does nothing about pre- likely that that automatically will be not allow them to. The local cops are venting new victims. That should be the law, and it will require affirmative going to have to take care of it. You our major thrust in my view. action to knock out the use of are not allowed to bring them in. Hol- Also, I point out that my friend from taggants. lywood is going to have to revamp Utah says that the district attorney is The other point that I want to make their scripts. going to seek the death penalty. Well, is that many of the things that the I mean, see again, a positive step but if in fact the Federal trial takes place, Senator said—all of the things he a half tentative step. And, when you which is going on—if, in fact, there is a said—are accurate about the additional are going to close the deal because a conviction and they get the death pen- provisions in the law. But if I can make few people disagree with it, we back alty—I hope to God he will not inter- an analogy, it is kind of like giving a off. We back off. vene and delay the death penalty by police officer a revolver that has six I have much more to say. I will with- then going into State court to get a chambers in it and giving him one bul- hold the rest of my comments but con- death penalty if we already get the let. You are giving the revolver. That clude by saying there are two pieces death penalty in Federal court. That is is good. You give him one bullet. That here. There is dealing with the appre- another red herring. The idea that the helps protect. But we should give him hension of, the conviction of, and the State attorney general, the district at- the other five bullets. imposition of a penalty on those who April 16, 1996 CONGRESSIONAL RECORD — SENATE S3365 commit terrorist acts. That is very im- total number of agents up to 7,000 by Three people have been killed, 23 peo- portant. We do some of that in here. 1999. That is double the force that was ple have been wounded, in bombs that But there is an equally important as- in place 3 years ago. Every border really plagued nine States. This time pect of preventing and apprehending State wants that. could have been cut in half, perhaps, if before they commit the heinous act, It establishes a 2-year pilot project we had tagging of explosives. those engaged in terrorist activities. for interior repatriation. When some- Unfortunately, the bill completely We do not do a very good job of that in body comes across the border, they are exempts black powder from either tag- here. not just returned to the other side of ging or study requirements. I must say, I yield the floor, and I beg my col- the border, but they are returned deep how can a bill even refute the ability league to yield and not take the floor into the interior to stop them from to study tagging of black powder? The because I will have to respond to him— coming right back again. amendment I submitted on taggants and he is talking a lot more than I It adds 300 full-time INS investiga- essentially provided for its addition, am—and let my friend from California tors for the next 3 fiscal years to en- taggants’ addition, where explosives proceed. force laws against alien smuggling, and would be bought in larger amounts. Several Senators addressed the it adds alien smuggling and document But, where small amounts of black Chair. fraud, a big problem, as predicate acts powder were purchased to use in an- Mr. HATCH. Mr. President, I will in RICO statutes, something that Fed- tique guns and for small arms, the only take a moment, with regard to eral prosecutors have asked for. taggant would not be included. posse comitatus. In true emergency sit- It increases the maximum penalty The NRA opposes this. What the Na- uations the President has full author- for involuntary servitude, to discour- tional Rifle Association is clearly say- ity to resolve those and use the mili- age cases like the one we saw very re- ing is they do not want any taggants in tary if he wants to. The reason the cently where scores of illegal workers black powder explosives period, or even President would want us to put posse from Thailand were smuggled in and a study of it. Can you imagine the comitatus language in there is because forced to work in subhuman condi- power of an organization that is able to it takes him off the hook. The fact is, tions, against their will, in a sweatshop successfully say we will not even study the President has that authority. in southern California. the impact of tagging black powder, Mr. President, this bill is critical. It Mr. BIDEN. I will respond to that which is also used as the triggering de- is an important thing for border States later, Mr. President. vice on major explosive bombs that are and particularly for the State of Cali- The PRESIDING OFFICER. The Sen- used by terrorists? I have a very hard fornia. If Proposition 187 was not the ator from California. time with that. bellwether that said, ‘‘Federal Govern- I heard the distinguished chairman of f ment, do your job,’’ I do not know what the Judiciary Committee just say the THE ILLEGAL IMMIGRATION BILL else will be. So I earnestly and sincerely, please, I NRA opposed excluding alien terrorists Mrs. FEINSTEIN. Mr. President, from this country. The NRA opposed both the Senator from Utah and the beg the majority leader to bring this bill back on the floor, let us debate it, excluding alien terrorists from this Senator from Delaware are certainly let us resolve it, let us pass it, let us country—unbelievable. I think I just hard acts to follow. heard him say the NRA opposed a pro- I want to comment on this bill, but get it signed, and let it get into law in the State of California. hibition on fundraising in this country before I do so I want to make a public by terrorist groups. f appeal to the majority leader to please, Let me tell you something, if any- please, please bring back on the floor TERRORISM PREVENTION ACT— body believes that Hamas is in this the illegal immigration bill. This bill, I CONFERENCE REPORT country raising money to use it for believe, has widespread bipartisan sup- The Senate continued with the con- charitable purposes, I will sell you a port. But more fundamentally, I can- sideration of the conference report bridge tomorrow. I will sell you a not tell you how important this bill is Mrs. FEINSTEIN. Mr. President, I bridge tomorrow. That is just unbeliev- to the safety and well-being of the peo- thank the distinguished chairman of able to me. ple of California. the Judiciary Committee for his work Nevertheless, I thank the chairman Right now on the border you have on this bill and the distinguished rank- of the Judiciary Committee for stand- miles without a Border Patrol agent. ing member for his work on this bill. ing Utah tall in the conference com- Right now, for both Senator BOXER and I am particularly disappointed that mittee on the issue of taggants. I I, Border Patrol people come in and tell the House succeeded in gutting the would like to thank Senator BIDEN and us how they have rocks thrown at commonsense prohibition on distribut- Senator KENNEDY for their help as well. them, how they are concerned for their ing instructions for bomb making for I think this is a very important step own safety. criminal purposes. I will talk about forward and I do not mean to diminish A few weeks ago you had a major that in a minute. But the good news is it in any way. freeway accident with 19 people killed, that the conference report also re- I also must say that I view the ha- illegal immigrants in a van. More re- stored good provisions to this bill. I am beas corpus reform also as an impor- cently you had an incident, publicized especially gratified that the conference tant step forward. Abuse of the writ of all over the United States, of an unfor- committee restored my amendment habeas corpus, most egregiously by tunate law enforcement action which which gives the Secretary of Treasury death row inmates who file petition involved unrestrained force against il- the authority to require taggants for after petition after petition on ground- legal immigrants who pummeled on a tracing explosives. less charges will come to an end with freeway, hitting other automobiles, The Senator from Delaware, the dis- the passage and the signature of this trying to get away from a sheriff’s offi- tinguished ranking member, just ex- bill. I believe it is long overdue. cer in pursuit. plained what taggants are: simple little For anyone who believes that habeas This is the State that passed Propo- coded plastic chips that are mixed with is not abused, let me just quickly—be- sition 187, which was a call for help batches of commercially available ex- cause it has been thrown out before, from the Federal Government to en- plosives. They allow law enforcement and I know others want to speak— force the law and change the law and to trace a bomb that has exploded, just speak about the Robert Alton Harris stop illegal immigration. like one would trace a car by knowing case. It, I think, is a classic case on Mr. President, there is so much that the license plate number. That is ex- what happened with Federal habeas this bill—worked on so hard by Senator actly what taggants are. corpus, and State habeas corpus. SIMPSON, worked on I think on both It was studied 16 years ago. Every- Mr. Harris was convicted in 1978 for sides of the aisle in the subcommittee body said go ahead with it. They have killing two 17-year-old boys in a merci- and in the full committee—does. Let been available. And it has now hap- less way, eating their hamburgers, and me just say it adds 700 Border Patrol pened. then going out and robbing a bank. agents in the current fiscal year; 1,000 Incidentally, it took the Unabomber His conviction became final in Octo- more in the next 4 years. It takes the 18 years to, quite possibly, get caught. ber of 1981. Yet, he was able to delay S3366 CONGRESSIONAL RECORD — SENATE April 16, 1996 enforcement of the California death ing in law that meets it. But there cer- Let me tell you what is also in this penalty capital sentence until April 21, tainly is no reason the United States ‘‘Terrorist Handbook.’’ People say, 1992—for 14 years. should continue to provide weaponry to ‘‘Well, we have a first amendment Over that time, he filed no fewer any country that refuses to do all it right.’’ There is a part on breaking into than 6 Federal habeas petitions and 10 can to combat terrorism. a lab. This ‘‘Terrorist Handbook,’’ State petitions. Five execution dates— My big disappointment—and I think which we downloaded yesterday on the five execution dates—were set during because the Presiding Officer is rel- Internet, let me quote from it. The the pendency of his case. In all, Harris atively new to this body, he would be first section deals with getting chemi- and his attorneys engineered almost 14 interested to know—is that on the cals legally. This section deals with years of delay and piecemeal litigation Internet today, there is a volume procuring them. by misuse of habeas corpus, and, I called The Terrorist Handbook. The The best place to steal chemicals is a col- might say, it was 14 years of unre- Terrorist Handbook describes how you lege. Many state schools have all of their solved grief for the parents of the chil- can make bombs, whether those bombs chemicals out on the shelves in the labs, and dren. are in baby food jars, in electric light more in their chemical stockrooms. Evening is the best time to enter a lab building, as I think cases like that one point out bulbs or in telephones. To my knowl- the need for habeas corpus reform, and, there are the least number of people in the edge, there is no legal use for a bomb in building and most of the labs will still be un- frankly, I want to commend the Judici- a baby food jar, for a bomb in a light locked. One simply takes a bookbag, wears a ary Committee, and in particular the bulb, or for a bomb in a telephone. You dress shirt and jeans, and tries to resemble a chairman, for seeing that that is in- know that once you teach somebody college freshman. If anyone asks what such a cluded. how to do that, their only use of the person is doing, the thief can simply say he’s Senator HATCH also just mentioned knowledge is to slaughter and to kill. looking for the polymer chemistry lab or the pathogens incident. In the Judici- So I have a very hard time under- some other chemistry-related department other than the one they are in. ary Committee, we had some full hear- standing why simple language, which ings, that were rather chilling to many says if you knowingly publish material Then it goes on and it tells them how of us, on how easy it is to obtain with the intent of enabling someone to to pick the lock to break into the chem human pathogens. commit a crime, shall not be per- lab. It tells them what kind of chemi- I cannot help but note that the Chair mitted. cals to steal from the chem lab, and is a distinguished physician and sur- Let me quote the February 2, 1996, then to go out and how to make the geon who knows this area well. But New York Times Metro section. Head- bomb—baby food bomb, telephone what we found out, essentially, is that line: ‘‘3 Boys Used Internet to Plot bomb, light bulb bomb. one person—namely, Larry Wayne Har- We know people are following this. School Bombing, Police Say.’’ ris—managed to order and to receive Three 13-year-old boys from the Syr- Yet this conference committee de- samples of bubonic plague through the acuse area have been charged for plot- leted—deleted—a simple amendment mail less than a year ago. ting to set off a home-made bomb in which said, if you knowingly publish Incredibly, although he was caught, this kind of data with the view that he could be charged with only wire and their junior high school after getting plans for the device on the Internet. someone will commit a crime, that is mail fraud, because there were no laws illegal—that is illegal. The conference on the books prohibiting the possession The boys, all eighth graders at Pine Grove Junior High School in the sub- committee voted it down, I would take of bubonic plague pathogens. In fact, it, at the behest of the National Rifle he made up a letterhead and sent it in urb of Minoa, were arrested Wednesday by the police. ‘‘There is no doubt that Association. Why? I cannot figure out to a lab, asked to purchase the plague why. I cannot to this day figure out bacteria, and it was sent to him, no the boys were serious,’’ the captain said, adding that they’ve recently set why. questions asked. So this bill clearly Let me give you one other quote that off a test bomb in a field behind an ele- takes care of that problem. was on the Internet. It tells you where mentary school and that it started a It adds that any attempt, threat, or to go. conspiracy to acquire dangerous bio- small fire. Go to the Sports Authority or Hermans logical agents for use as a weapon are This cartoon is exactly what is hap- sports shop and buy shotgun shells. At the crimes punishable by fines or imprison- pening all across the United States Sports Authority that I go to you can actu- ment, up to life imprisonment. with young people. The cartoon is a ally buy shotgun shells without a parent or It also asks the Secretary of HHS to youngster, sort of a Dennis-the-Menace adult. They don’t keep it behind the little establish and maintain a list of biologi- type sitting at his computer, wrapping glass counter or anything like that. It is $2.96 for 25 shells. cal agents which pose a severe threat dynamite and attaching a detonation and clock device to it, while his mother Then the computer bulletin board to the public safety, and it directs the posting provides instructions on how to Secretary to establish enforcement and is on the telephone saying ‘‘History * * * astronomy * * * science * * * assemble and detonate the bomb. It safety procedures for the transfer of concludes with: human pathogens. Bobby is learning so much on the If the explosion doesn’t get ’em, then the As a matter of fact, a number of us Internet.’’ glass will. If the glass doesn’t get ’em, then wrote a letter to the President and I have another article. The Los Ange- the nails will. urged that emergency action be taken les Times, just this past Saturday, This is what, by rejecting my simple quickly because of the potential ability April 13: ‘‘Four Teens Admit to Bombs amendment, the conference is saying is of people to acquire these bacteria in Mission Viejo School Yard.’’ permissible on the Internet. prior to the enactment of this statute. The boys, all 15- and 16-year-olds, Let me give you one last thing so I want to also express my thanks told investigators they learned how to that it is, hopefully, indelibly etched in that fundraising by terrorist organiza- build the small high-pressure explo- everybody’s mind what we are doing. tions will be prohibited in the United sives from friends who got it off the Following Oklahoma City, this was on States of America. I think it is ex- Internet. According to the chief, who is the Internet. traordinarily important that this take then quoted, ‘‘It’s something they’re ‘‘Are you interested in receiving in- place. getting off the Internet. Any time you formation detailing the components I am also very pleased that there is a mix volatile chemicals and have a lit- and materials needed to construct a section, known as 330, of the conference tle bit of knowledge, you put yourself bomb identical to the one used in Okla- report—which, as a matter of fact, I of- and others in jeopardy.’’ homa?’’ The information specifically fered—which prohibits the United A third article, Orange County Reg- details the construction, deployment, States from selling weapons and de- ister, ‘‘2 Home-Made Bombs Disman- and detonation of high powered explo- fense services to countries that the tled in Orange’’ County. sives. It also includes complete details President determines are not fully co- Authorities theorize that teens are of the bomb used in Oklahoma City and operating with U.S. antiterrorism ef- learning how to make the 2-liter bottle how it was used and how it could have forts. devices on the Internet. Ladies and been better. This is a commonsense provision, and gentlemen, how far do we wish to push How far are we pushing the envelope I am amazed that there has been noth- the envelope of the first amendment? of the first amendment? What I have April 16, 1996 CONGRESSIONAL RECORD — SENATE S3367 tried to show is that not only is this terrorists from U.S. territory, provide by the families of murder victims. Our kind of thing with knowledge, with in- private rights of action against foreign habeas reform proposal is badly needed tent, on the Internet, but that young- countries who commit terrorist acts, to restore public confidence and ensure sters are using it. They have used it prohibit assistance to countries that accountability to America’s criminal within the last 2 weeks in New York, in aid terrorist states financially or with justice system. California, and they have used it to do military equipment, and enhance pro- We have a significant opportunity bodily harm to others. hibitions on the use of weapons of mass here to fight terrorism and provide cer- So this is my big disappointment in destruction. Also, there are a number tainty of punishment in our criminal this bill, because I believe we have as of other measures designed to combat justice system. The preamble to the much to fear from domestic terrorism, terrorism which were included and de- U.S. Constitution clearly spells out the as I think the Unabomber has pointed tailed earlier by the able chairman of highest ideals of our system of govern- out, as we do from foreign terrorism. It the Judiciary Committee, Senator ment—one of which is to ‘‘insure do- begins right here at home. It begins HATCH. mestic tranquility.’’ The American with a system that lets everybody do Clearly, one of the most important people have a right to be safe in their anything they want, including telling sections included in the conference re- homes and communities. you how to steal, break in and steal port is language designed to curb the I am confident that this the chemicals, make the bombs, go out abuse of habeas corpus appeals. In fact, antiterrorism legislation will provide and deliver them. we heard from families of the Okla- valuable assistance to our Nation’s law I believe it is the job of this Congress homa bombing victims who demand enforcement in their dedicated efforts to try to do something about it. With that habeas reform be included to to uphold law and order. that in mind, I will support the amend- make this a truly successful bill. I yield the floor. ment to recommit this to committee. I Mr. President, for years, as both Mr. NICKLES addressed the Chair. The PRESIDING OFFICER (Mr. realize that that is a useless gesture, chairman and ranking member of the GRAMS). The Senator from Oklahoma. but just to make the point. Senate Judiciary Committee, I have Mr. NICKLES. Mr. President, first, I I will vote for this legislation and I worked for reform of habeas corpus ap- would like to thank Senator DOLE for will at the earliest time possible re- peals. The habeas appellate process has setting aside the immigration bill, the introduce my amendment on another become little more than a stalling tac- illegal immigration bill, temporarily bill to take another crack at saying tic used by death row inmates to avoid so we can pass this terrorism con- the time has come for the United punishment for their crimes. ference report. States of America to say, indeed, ev- Unfortunately, the present system of I might mention to my colleagues erything does not go. There are some habeas corpus review has become a this is a conference report and is not restrictions and some things that we game of endless litigation where the really amendable. It does not mean we are going to do to stop criminality in question is no longer whether the de- do not have parliamentary procedures this country. I thank the Chair and I fendant is innocent or guilty of mur- and it does not mean people cannot yield the floor. der, but whether a prisoner can per- delay or procrastinate or mean we can- Mr. THURMOND. Mr. President, I suade a Federal court to find some not say we can send it back to the con- served as a conferee representing the kind of technical error to unduly delay ference with specific amendments. Senate, and I am pleased that the justice. As it stands, the habeas proc- They have the right to do so. But I am House and Senate conferees have re- ess provides the death row inmate with going to urge my colleagues not to do solved the differences between our re- almost inexhaustible opportunities to so. If we do so, we are not going to fin- spective bills to combat terrorism. We avoid justice. This is simply wrong. ish this bill. I would like to finish this must send a clear message to those In my home State of South Carolina, bill this week. who engage in this heinous conduct there are over 60 prisoners on death I would really like to compliment my that the American people will not tol- row. One has been on death row for 18 colleagues, Senator HATCH, and also erate cowardly acts of terrorism, in years. Two others were sentenced to Senator BIDEN, as well as our colleague any fashion—whether their source is death in 1980 for a murder they com- in the House, Chairman HYDE, for their international or domestic. mitted in 1977. These two men, half work in the last couple of weeks in It is important that the Congress brothers, went into a service station in melding the two bills together. work closely with Federal law enforce- Red Bank, SC, and murdered Ralph This is a compromise bill. I do not ment to provide the necessary tools Studemeyer as his son helplessly make any bones about it. It is probably and authority to prevent terrorism. watched. One man stabbed Mr. not perfect. But it is a good bill, and it Yet, I am mindful that an appropriate Studemeyer and the other shot him. It needs to pass, and it needs to pass this balance between individual rights was a brutal murder and although con- week. If we recommit this bill, we are guaranteed in the Constitution and the victed and sentenced to death these not going to get it done this week. So needs of law enforcement must be two murderers have been on death row I urge my colleagues, it might be achieved as we meet our responsibility. for 15 years and continue to sit await- tempting and it may be politically ap- The American people appropriately ing execution. pealing, for whatever reason, to recom- look to their government to maintain a The habeas reform provisions in this mit this bill and to score some points peaceable society but do not want law legislation will significantly reduce the or run against the NRA or whatever, enforcement to stray into the private delays in carrying out executions with- but I urge them to set that aside. lives of law-abiding citizens. The bal- out unduly limiting the right of access Let us pass this bill. This is a posi- ance is to provide reasonable authority to the Federal courts. This language tive bill. It is a good bill. It is a bill to law enforcement to investigate and will effectively reduce the filing of re- that has very, very strong support and prevent terrorism while respecting the petitive habeas corpus petitions which a lot of emotional connections in my rights of the American people to form delays justice and undermines the de- State. I think everybody is well aware groups, gather and engage in dialog terrent value of the death penalty. of the fact that this Friday is the first even when that dialog involves harsh Under our proposal, if adopted, death anniversary of the Oklahoma City antigovernment rhetoric. sentences will be carried out in most bombing that took 168 innocent lives of Mr. President, it is my belief that cases within 2 years of final State men, women, and children. The fami- this conference report will enhance law court action. This is in stark contrast lies of those victims have urged us to enforcement capabilities to combat to death sentences carried out in 1993 pass this bill. They have admitted terrorism while respecting our cher- which, on average, were carried out maybe this bill is not perfect, but they ished rights under the Constitution. over 9 years after the most recent sen- think it is a good bill. I have met with This legislation includes provisions to tencing date. several of the victims and families of increase penalties for conspiracies in- Mr. President, the current habeas the victims. They said, please pass this volving explosives and the unauthor- system has robbed the State criminal bill. ized use of explosives, enhance our justice system of any sense of finality The No. 1 provision that they want in ability to remove and exclude alien and prolongs the pain and agony faced this bill is the so-called habeas corpus S3368 CONGRESSIONAL RECORD — SENATE April 16, 1996 reform. They want an end to these end- of Oklahoma. We put in a provision, This is a measure that has bipartisan less appeals of people who have been and I want to thank my colleagues, support. Senator BIDEN, Senator convicted of atrocious crimes and mur- both Senator HATCH and Senator BIDEN HATCH, myself, and others have worked ders. An end to abusing the judicial for supporting this provision, that will to put this in. We have passed it in var- system, abusing taxpayers, filing frivo- allow and actually provide for closed ious crime control packages in the lous appeals, endless, endless appeals. circuit TV viewing of the trial proceed- past. Unfortunately, when we have had In Oklahoma actually several were ings in the Oklahoma bombing case. a conference it has not remained in the wearing buttons that had a 17 with a Unfortunately, the trial was moved to conference package. This is a most im- line through it. They were referring to Denver. In Denver they have a court- portant provision where we do give re- Roger Dale Stafford. In 1978, he mur- room, I believe, that holds 130 people. spect, treatment and assistance for the dered nine individuals in my State. The judge said we will have an annex victims of crime—mandatory restitu- First he murdered the Lorenz family— for audio, so in total, maybe 260 people tion for victims. We should pay more he was a sergeant. Sergeant Lorenz saw including press would have the oppor- attention to victims instead of to the a stopped car with the hood up. So he tunity to attend or hear the trial. criminals, as we have done in the past. pulled over and stopped to help Staf- Frankly, that is not enough. That is I am most appreciative. This is a very ford. Lorenz was with his wife and his not near enough. Not to mention the important provision. child. Roger Dale Stafford murdered fact that the individuals and families I think our colleagues have put to- him, murdered his wife, and went back would have to travel over 500 miles, gether a good bill. It may not be per- into the car and murdered their son; and be away from the rest of their fam- fect. I have heard my colleague from and then shortly after that murdered ily. It would be an enormous inconven- Utah say, well, as far as some of the six people. Most of them were kids in a ience. We have raised some money to other provisions, maybe the provision Sirloin Stockade restaurant. He herded assist them. I am sure some families that was alluded to by our colleague them into a freezer or refrigerator and would like to personally attend the from California dealing with Internet murdered them in cold blood. trial and we will try and help them fi- and directions for explosives, that may That was in 1978. His execution did nancially, as well. be a good provision. I may well support not happen until last year, 1995. He was I thank the Attorney General for it. It does not have to be in this pack- on death row for 17 years. The families helping in that manner. She wrote me age. I hope that if there are other good of the victims of the Oklahoma City a letter saying they were contributing provisions not included in this bill, we bombing have said we need habeas cor- the travel fund. I asked the Attorney can garner overwhelming support in pus reform. This is a Federal crime. General’s assistance so that those who the Senate, we can take them up sepa- They will be tried under Federal stat- could not travel to Denver could view rately and pass them this year. I would ute. The death penalty does apply. If the trial through closed circuit TV cov- like to think that we have a window of convicted, they would like to have the erage. We think that a decision to per- opportunity of a couple of months sentence carried out swiftly, not 20 mit this by the court is discretionary where we can pass substantive legisla- years from now. They feel very, very and it should happen. Unfortunately, tion without playing politics. I hope we strongly about it. she has declined to help us with the do not play politics with this bill. I want to thank my colleagues for closed circuit TV provision. This bill I keep hearing statements about the working over the last couple of weeks says that the court must provide closed NRA and others, there are a lot of peo- when the Senate was in recess. We do circuit coverage of the trial for victims ple that are concerned about expanding not usually do that. It does not happen and their families. It will be closely wiretap authority and they do not have very often around here. Usually we monitored. The court will have com- anything to do with the NRA. Maybe have a break or recess for whatever plete control over the coverage. This is that is a good provision. I am not de- reason and staffs and Senators take off not for public viewing but for the fami- bating that. Maybe it should be de- and not a lot of work is done. But this lies, so they can view the trial without bated, but debate it separately. If we time was different. leaving their home, without leaving put some of those provisions in, there I also again want to thank Senator the rest of their families, maybe with- will be problems in the House and we DOLE and also Speaker GINGRICH be- out having to take several months off will not pass this bill this week. To me cause I personally appealed to both and from their jobs or their workplaces. that would be a real shame. That would said I would really like to get this bill This is going to be a very traumatic be something that we should not do. up and passed through both Houses of time for them and it would be much This is an important bill. This is a Congress by this anniversary date. I better for them as individuals to be good bill, a bill that should pass, that would like to go back to Oklahoma on able to view this at home and still be should pass tonight. I would hope that Friday and tell the families that, yes, able to be with their family members my colleagues would join together, re- we have passed this antiterrorism bill. and friends instead of dislocating them sist the temptation to send this back It has a lot of provisions, a lot of for several months, sending them to to conference, knowing it would delay good provisions. I realize in the legisla- Denver, and only a very small percent- it. Hopefully, they would join us in tive process we make some com- age of them being able to even be saying, ‘‘Let’s pass this bill,’’ and if we promises. It has been pointed out present in court, and be more than want to consider separate measures maybe there are a couple of provisions frustrated by being so close yet so far dealing with taggants or anything else that should not be in or have been left away because they would not have ac- that was originally in the House bill or out. My colleague from Delaware men- cess to the proceedings in the trial. originally in the Senate bill, or maybe tioned expanded wiretaps. A lot of peo- I am appreciative of this one provi- originally in the President’s bill, we ple in my State have real second sion, and again I thank my colleague can consider that independently. thoughts about that. I do not know. I from Utah and my colleague from Dela- This is a conference report. Most of supported it when it passed the Senate. ware for inserting this provision. There our colleagues are aware of the fact we It may be a good provision. Maybe I is a comparable provision in the House do not usually amend conference re- was wrong. I am not sure. bill. This is most important to the fam- ports, and if we do, we could put unnec- I am not an expert in that area, but ilies of the victims of the Oklahoma essary delay on this legislation which I know that habeas corpus reform, or City bombing. would be a serious mistake. On behalf death penalty reform, needs to pass. Finally, I want to comment on one of the victims of the tragedy that hap- That is the foremost thing on the other provision. This bill provides for pened on April 19, 1995, in Oklahoma minds of the victims of the Oklahoma mandatory restitution for victims of City, on behalf of the families and the tragedy. If we send this back to com- Federal violent crimes, property countless number of people who were mittee, we will not be able to pass this crimes, and product tampering crimes. impacted directly, I urge my col- bill this week. I will be more than dis- This is a measure that we have spoken leagues, let Members pass this bill, appointed if that happens. about on the floor of the Senate count- pass this bill tonight, no later than to- We have a couple of other provisions less times. This is a measure that has morrow, get it through the House, as that are very important to the people passed the Senate three or four times. well, so we can let them know that we April 16, 1996 CONGRESSIONAL RECORD — SENATE S3369 have listened to them, we have heard Stafford murdered nine Oklahomans in The people of this country are sick them, and we have passed a good cold blood. He sat on death row for 20 and tired of murderers being put on antiterrorism bill with real habeas cor- years. We just finally carried out that death row and then sitting there, as pus reform, with real death penalty re- execution. These families are looking Senator INHOFE said, watching tele- form, with a provision allowing them and saying, ‘‘Here is a guy that sat on vision, getting fat, and at an enormous to have closed circuit TV viewing of death row. He gained over 100 pounds, cost to the American taxpayers. the trial. I think they will be most ap- so the food was not too bad. He was in Mr. President, since the death pen- preciative. I know they will be most an air-conditioned cell and watched alty was reestablished in 1977, over appreciative. color TV.’’ They are thinking about 400,000 people have been murdered. But I yield the floor. what happened to their own members only 200 have been executed. This is Mr. INHOFE. Mr. President, I have of their family. I look at it behind hardly a message that our justice sys- listened to the debate not just today that. If you get someone with a terror- tem is swift or sure to those that break but the debate on this for the past ist mentality, and particularly, some- the law. year. I remember so well the incident, one, perhaps, from the Middle East who In my home State of North Carolina, when my fellow Senator from Okla- has a different value on life than we do, we have over 100 people on death row, homa, Senator NICKLES, and I were in if he is looking at the down side and with an estimated cost of close to Oklahoma City right after it happened saying, should I do this act, should I $50,000 a year to keep them there—per for the days following that, talking to perform this act, and the worst thing person. Yet, in the last 16 years, only 5 families and the ones who actually had that can happen to me is that I will sit people have had the death sentence their own loved ones that were still in in an air-conditioned cell and watch carried out in North Carolina, with 100 the building, not knowing whether color TV for 15 years, punishment waiting. There have been delays, they were alive or dead. ceases to be a deterrent to crime. delays, and more delays, simply using It is very difficult to get the full So I think that is a very significant one loophole behind another. Simply, emotional impact watching TV of some provision that has to be saved. I think the executions have not been carried remote place like Oklahoma from out- any chance on sending this back might out, at an enormous cost to the State side. When you are there, you feel dif- jeopardize the chances of having that of North Carolina for attorneys to fight ferently about it. This is why Senator type of reform. Again, that was the one these endless appeals. NICKLES and I have such strong feelings thing that was in this bill that the In the United States, as a whole, about this bill. families of the victims in Oklahoma there are over 2,700 people on death There is some opposition in this bill said we really have to have; that is the row. Over half have been there longer even in the State of Oklahoma by one thing that has to be in there that than 6 years. Further, of those on many people who felt that perhaps the is going to give us any relief at all. death row, over half were on probation wiretapping provisions went a little bit Once the person is apprehended and the or parole when they were arrested for too far, the invasion of civil rights and trials and sentence are over, and if it is murder. What does this say about the privacy, perhaps was a little too an execution, they want to go ahead justice system? strong. Many of my conservative and go through with it and not have Is it any wonder that crime has in- friends did not want me to support it. the perpetrator of the crime that mur- creased 41 percent in the last 20 years? I was very pleased when the con- dered their families sitting on death Is it any wonder that violent crime has ference came out with its report. I be- row for most of their lifetimes. increased by 100 percent in the last 20 lieve the bill we have today is better So I think this is a very good bill. I years? Our judicial system has been than the House bill was. It is better will just repeat an emotional appeal made a mockery by those who set out than the Senate bill that we sent to from the victims and families of the to break the law. them. I feel much stronger about it victims in Oklahoma. Let us get this For those that carried out the Okla- now and much more supportive than I passed and let us get it passed before homa City bombing, they probably did before. I think Senator NICKLES has April 19, on Friday. It is very, very im- never thought they would get caught. covered most of the things that people portant for us, and I hope we move Fortunately, and luckily, with good po- in Oklahoma are concerned with. I can along on this. We have been consider- lice work, they were caught. But they just tell you it is not a laughing mat- ing this for quite a period of time. We probably believe that they can beat the ter that these people do want an oppor- started right after the bombing. So we system. I hope not, but I am sure they tunity. These are not wealthy people. have had adequate time to be delibera- believe it. They probably think they They feel they should participate, at tive—as deliberative as this body is fa- can make a mockery of the justice sys- least be able to view the trial taking mous for being. I think it is time to go tem, as so many others have. Cer- place. That is something that is in this ahead and pass it. tainly, we will be hiring the most ex- bill. It will allow them to do it. Many I yield the floor. pensive lawyers out there to help them of them could not sustain the hardship Mr. FAIRCLOTH addressed the to beat the system. of making a trip to Denver. Chair. In this country, we need to reestab- There are a lot of things in here that The PRESIDING OFFICER. The Sen- lish a respect for the law. Criminals I think are better than they were when ator from North Carolina. need to know that if they commit mur- we sent it over. The one area I want to Mr. FAIRCLOTH. Mr. President, I der, they will receive the death pen- concentrate on and just emphasize rise in strong support of the alty. And, more importantly, they need again is the habeas reform. My con- antiterrorism conference report. to know that it will be carried out, and cern, and in fact, I can tell you, if that First, it is with great sadness that we they will not be held on death row with had been taken out I probably would approach the first anniversary of the endless delays. have opposed the bill. Two months bombing in Oklahoma City. It was With this bill, we finally have broken after the tragedy, the bombing tragedy truly a tragic event carried out by pre- the logjam on the issue. We keep pass- in Oklahoma City, we had the families meditated and dreadful murderers. I ing bill after bill that increases pen- of the victims up here, in Washington, just hope that the people that carried alties and provides new capital of- DC. I personally took them to many out that act get the justice they so de- fenses; yet, we do nothing to reform Senators’ offices. They expressed to serve. our justice system to see that the pun- them that of all the provisions that Mr. President, one of the most impor- ishment is carried out. would come out in an antiterrorism tant reforms made by this bill are Finally, we have done something to bill, the one that was the most signifi- those reforms to our death penalty pro- end the frivolous appeals filed by death cant to them was the habeas reform. cedures. For too long, murderers have row inmates. It happened to coincide with some- been on death row, filing appeal after Mr. President, I support this con- thing that Senator NICKLES and I are appeal, in the hopes of finding some ference report. I thank Senator HATCH, very familiar with, a murder that had small legal loophole—anything they and others, who have pushed death pen- taken place 20 years ago, by a man can find that will nullify their sen- alty reform to the forefront in this bill. named Roger Dale Stafford. Roger Dale tence. I yield the floor. S3370 CONGRESSIONAL RECORD — SENATE April 16, 1996

Mr. BIDEN. Mr. President, I hope Mafia. What is good enough for the the ranking member and Senator ROTH both of my friends from Oklahoma and Mafia ought to be good enough for a is the chairman. Let us be very clear. my friend from North Carolina—speak- bunch of whacko terrorists. With the testimony from law enforce- ing to my friends from Oklahoma—un- So not only mourn those who died, ment officials, from fire officials, from derstand that we do not want the delay which I do, but pray for those who are city officials, State officials, and from in this bill. This bill got delayed in the living that they continue to be able to our own people in the Federal Govern- House of Representatives for close to 6 live. I mean, how in the Lord’s name ment, that, if there were a chemical or months. I did not hear people coming can we, after Oklahoma, stand here on biological attack in this country, we to the floor with me and saying, the floor and vote against the motion I would have as the first victims those ‘‘Where is the bill, where is the bill, predict they will vote against which who came to the rescue. It would be where is the bill, where is the bill?’’ says you cannot teach someone how to those personnel coming to the rescue of Now we are told to make this bill make a fertilizer bomb on the Internet those innocent victims who are caught workable, and we should not attempt when you know it is going to be used? in that situation that would also be- to do better. They are going to vote against that. come victims themselves because they I cannot believe the Senator from What about future Oklahomas? are not equipped to detect. They are North Carolina would support a provi- I see my friend form Georgia is ready not equipped to really deal with and sion allowing, for example, someone to to proceed. So I will yield the floor for they certainly are not equipped to be taught how to make another fer- the purpose of his making his motion withstand the lethal capability of tilizer bomb to blow up another Fed- after I make a concluding statement. chemical and biological weapons. Over eral building—maybe this one in North In each of these amendments that I a period of time they may be able to. Carolina—and maybe learn how over offered yesterday, Chairman HYDE in One of the things I am going to be the Internet. He would not want that the transcript of yesterday’s proceed- talking about in the weeks ahead is a to happen. Yet, he is probably going to ings said—this is what this is all package of legislation which I hope vote against adding that provision about—and I quote. He said: Senator LUGAR and I will be sponsor- back into the bill. He will probably Mr. Chairman, [Chairman HYDE speaking] ing. One of the things we are going to vote, ‘‘No, I will not send it back to the may I say something? Mr. Chairman, let us need to do is to give, I think, our mili- conference and have them include that cut to the chase. I agree with the Senator tary both the capability with funding provision.’’ [i.e. Senator BIDEN] and have always agreed and also the authority and responsibil- We had a provision saying you can- with the Senator on this issue, the wiretap ity to help begin training our police issue. The facts of life are that we lose about not teach people how to make fertilizer and law enforcement officials around bombs, plastic bombs, and baby food 35 votes in the House if we pass the wiretap provision. the country. It is going to take a long bombs on the Internet, when you know time. the intent is for that person to use it. That is what this is about—35 folks in the House who do not like it. That is We are in a different era now, Mr. Yet, they are all going to stand here President. One of the things that many and vote against me on that. I find why we are going to vote against our interest probably in the next couple of people do not recognize after the at- that fascinating. tack in Tokyo where the avowed goal I hope the folks in every one of our hours. of the group that had really prepared districts remember this. They are I yield the floor. very extensive capabilities for chemi- going to vote against me when I say we Mr. HATCH. Mr. President, if I could cal warfare on their own people is that want to prevent future Oklahomas. We take a second. if they had the kind of delivery system want to take care of those victims of The PRESIDING OFFICER (Mr. that a few weeks later they might have Oklahoma and make sure retribution is BROWN). The Senator from Utah. had, instead of 15 or 20 people being had. That is why the crime bill I au- Mr. HATCH. I agree with the 35, but killed and several hundred being in- thored set the death penalty for it. And all of those oppose the bill anyway. But jured, there literally would have been there would not even be a death pen- it is a lot more than 35 people who will tens of thousands of deaths right there alty had President Clinton’s crime bill vote. I just wanted to make that state- in Tokyo. We are in that era now. not passed. Those people in Oklahoma ment. would not be able to get the death pen- I thank the Senator from Georgia. A lot of people do not also under- alty. Mr. NUNN. Mr. President, I urge my stand that in the World Trade Center Some of my colleagues voted against colleagues to support Senator BIDEN’s bombing there was really very strong the crime bill, and now they are hail- motion which he will, I understand, evidence that a chemical component ing the death penalty. The only reason make in a few minutes—I do not think was in the explosive material. There why those people are being tried and, if it has yet been made—to recommit the was an attempted effort at chemical convicted, will get death, is because of conference report because it fails to ad- attack there also, but the chemical ele- the crime bill they voted against. I find dress a very significant gap in the law ment was consumed by the huge fire this kind of fascinating logic going on which we corrected when we passed the and explosion. So we have had that at- here. Senate bill regarding the use of chemi- tempt also in this country. The third thing I point out, and that cal and biological weapons of mass de- My point is that it is a very dan- was tried in Federal court—and then I struction in criminal terrorist activi- gerous omission in not giving the kind will yield to my friend from Georgia, ties. of clear authority in this conference re- who has a very important amendment The Armed Forces have special capa- port that we had in the Senate bill. or very important motion to make—I bilities, and they are the only people At the present time the statutory au- also point out that we should be wor- that have special capabilities to thority to use the Armed Forces in sit- ried about future victims. Future vic- counter nuclear, biological, and chemi- uations involving the criminal use of tims. cal weapons. They are trained and weapons of mass destruction extends The comment was made—and a le- equipped to detect, suppress, and con- only to nuclear material. Section 831 of gitimate comment—by one of my col- tain these dangerous materials in hos- title 18, United States Code, permits leagues a moment ago, when he said, tile situations. The police authorities the Armed Forces to assist in dealing ‘‘On behalf of the victims of the bomb- of our country and the fire depart- with crimes involving nuclear mate- ing in Oklahoma, please pass this bill.’’ ments of our country do not have the rials when the Attorney General and On behalf of the tens of millions of capability to deal with chemical and the Secretary of Defense jointly deter- Americans who may be the next vic- biological attacks or the threat of mine that there is an emergency situa- tims, on behalf of them, please give the those attacks. They do not have the tion requiring military assistance. police the authority they need to en- equipment. They do not have the pro- There is no similar authority to use a hance their ability to prevent future tective gear. special expertise in the Armed Forces Oklahomas by allowing them to wire- We have had four hearings in the last in circumstances involving the use of tap these suspected terrorists under 6 weeks in the Permanent Subcommit- chemical and biological weapons of probable cause, just like we do the tee on Investigations, of which I am mass destruction. April 16, 1996 CONGRESSIONAL RECORD — SENATE S3371 In the wake of the devastating bomb- of equipment, provision of advice, and First, we should be very cautious ing of the Federal building in Okla- aerial surveillance. Chapter 18 does not about establishing exceptions to the homa City and also the World Trade authorize military confrontations with Posse Comitatus Act, which reflects Center, with the tragic loss of life in civilians in terms of arrests, searches, enduring principles concerning historic Oklahoma and the disruption of gov- and seizures. Chapter 18 also ensures separation between civilian and mili- ernmental facilities, I think it is ap- that DOD receives reimbursement for tary functions in our democratic soci- propriate and absolutely necessary to military assistance that does not serve ety. reexamine Federal counterterrorism provide a training benefit that is sub- Second, exceptions to the Posse Com- capabilities, including the role of the stantially equivalent to that which itatus Act should not be created for the Armed Forces. would otherwise be provided by mili- purpose of using the Armed Forces to For more than 100 years, military tary training or operations. routinely supplement civilian law en- participation in civilian law enforce- The administration requested legisla- forcement capabilities with respect to ment activities has been governed by tion that would permit direct military ongoing, continuous law enforcement the Posse Comitatus Act. The act pre- participation in specific law enforce- problems. cludes military participation in the ment activities relating to chemical Third, exceptions may be appropriate execution of laws except as expressly and biological weapons of mass de- when law enforcement officials do not authorized by Congress. That landmark struction similar to the exception that possess the special capabilities of the legislation was the result of congres- already exists under current law that Armed Forces in specific cir- sional concern about increasing use of permits the direct military participa- cumstances, such as the capability to the military for law enforcement pur- tion in the enforcement of the laws counter chemical and biological weap- poses in post-Civil War era, particu- concerning the improper use of nuclear ons of mass destruction in a hostile sit- larly terms of enforcing the recon- materials. uation. struction laws in the South and sup- Mr. President, the nuclear kind of in- Fourth, any statute which authorizes pressing labor activities in the North. cident is entirely possible. We have to military assistance should be narrowly There are about a dozen express stat- be prepared for it. We are much better drawn to address with specific criteria utory exceptions to the Posse Comita- prepared to deal with nuclear than we to ensure that the authority will be tus Act, which permit military partici- are with chemical or biological. We used only when senior officials, such as pation in arrests, searches, and sei- have the capability in the Department the Secretary of Defense and the Attor- zures. Some of the exceptions, such as of Energy with a team that has been ney General, determine that there is an the permissible use of the Armed training and working on this for years, emergency situation which can be ef- Forces to protect the discoverer of and they are much better prepared. We fectively addressed only with the as- Guano Islands, reflect historical anach- do not have a similar capability for sistance of military forces. ronisms. Others, such as the authority chemical or biological. Fifth, any assistance which author- to suppress domestic disorders when ci- So by the omission of this specific izes military assistance should not vilian officials cannot do so, have con- authority in this bill, we are taking place artificial constraints on the ac- tinuing relevance—as shown most re- the most likely avenue of attack for tions military officials may take that cently in the 1992 Los Angeles riots. terrorism in this country with mass- might compromise their safety or the It is important to remember that the destruction weapons—and that is success of the operation. act does not bar all military assistance chemical or biological—and we are not The Senate provision was drafted to to civilian law enforcement officials, putting that in the same category as reflect the traditional purposes of the even in the absence of a statutory ex- nuclear, which is possible, and we must Posse Comitatus Act and the limited ception. The act has long been inter- be prepared for it. But a nuclear attack nature of the exceptions to that act. preted as not restricting use of the is not as likely to happen as a chemical The motion to recommit that we will Armed Forces to prevent loss of life or or biological attack. be voting on in a few minutes would re- wanton destruction of property in the Last June, the Senate included such quire the conferees to reinstate that event of sudden and unexpected cir- legislation in the counterterrorism bill provision with a minor technical clari- cumstances. In addition, the act has with safeguards to ensure that it would fication that has come to our attention been interpreted to apply only to direct only be used in cases of emergency and since the Senate bill was passed. participation in civilian law enforce- under certain specific, carefully drawn Under the motion to recommit, the ment activities—that is, arrest, search, limitations. In my judgment, the ques- Attorney General would be authorized and seizure. Indirect activities, such as tion of whether we should create a fur- to request the assistance of the Depart- the loan of equipment, have been ther exception for chemical and bio- ment of Defense to enforce the prohibi- viewed as not within the prohibition logical weapons should be addressed in tions concerning biological and chemi- against using the Armed Forces to exe- light of the two enduring themes re- cal weapons of mass destruction in an cute the law. flected in the history and practice and emergency situation. Over the years, the administrative experience of the Posse Comitatus Act The Secretary of Defense could pro- and judicial interpretation of the act, and related statutes: vide assistance upon a joint determina- however, created a number of gray First, the strong and traditional re- tion by the Secretary of Defense and areas, including issues involving the luctance of the American people to per- the Attorney General that there is an provision of expert advice during inves- mit any military intrusion into civil- emergency situation, and a further de- tigations and the use of military equip- ian affairs. termination by the Secretary of De- ment and facilities during ongoing law Second, the concept of any exception fense that the provisions of such assist- enforcement operations. the Posse Comitatus Act should be nar- ance would not adversely affect mili- During the late 1970’s and early rowly drawn to meet the specific needs tary preparedness. Military assistance 1980’s, I became concerned that the that cannot be addressed by civilian could be provided under the motion to lack of clarity was inhibiting useful in- law enforcement authority. The record recommit only if the Attorney General direct assistance, particularly in is abundantly clear that we are talking and the Secretary of Defense jointly counterdrug operations. I initiated leg- about exactly that. These are cases determined that each of the following islation, which was enacted in 1981 as where local law enforcement and State five conditions is present. This is very chapter 18 of title 10, United States law enforcement simply could not han- narrowly drawn. Code, to clarify the rules governing dle the job. First, the situation involves a bio- military support to civilian law en- These issues were examined at a logical or chemical weapon of mass de- forcement agencies. hearing before the Judiciary Commit- struction. Chapter 18, as enacted and subse- tee on May 10, led by the chairman of Second, the situation poses a serious quently amended, generally retains the the committee, Senator HATCH, and the threat to the interests of the United prohibitions on arrest, search, and sei- ranking minority member, Senator States. zure, but clarifies various forms of as- BIDEN. At the hearing, five major Third, that civilian law enforcement sistance involving loan and operation themes emerged: expertise is not readily available to S3372 CONGRESSIONAL RECORD — SENATE April 16, 1996 counter the threat posed by the bio- include the power of arrest or search or only if that official has been des- logical or chemical weapon of mass de- seizure, except for the immediate pro- ignated to exercise the general powers struction involved. tection of life or as otherwise author- of the head of the agency. This would Fourth, that the Department of De- ized by this provision or other applica- include, for example, an Under Sec- fense special capabilities and expertise ble law. retary of Defense who has been des- are needed to counter the threat posed This provision is set forth in the mo- ignated to act for the Secretary in the by the biological or chemical weapon tion to recommit. If it is agreed to, and absence of the Secretary and the Dep- of mass destruction involved. I hope it is, it would make it clear that uty. Fifth, that the enforcement of the nothing in this provision would be con- The limitations set forth in the mo- law would be seriously impaired if De- strued to limit the existing authority tion to recommit would address the ap- partment of Defense assistance were of the executive branch to use the propriate allocation of resources and not provided. Armed Forces in addressing the dan- functions within the Federal Govern- I have a very hard time understand- gers posed by chemical and biological ment; and are not designed to provide ing why the House of Representatives weapons and materials. the basis for excluding evidence or would not accept this provision. Maybe The motion to recommit would ad- challenging an indictment. there is a reason, but I certainly have dress two important concerns. First, as The motion to recommit, which re- not heard that reason. Nothing that I a general principle, the types of assist- flects the Senate-passed provision, is have heard indicates why our military ance provided by the Department of prudent and narrowly drafted. It was could not be used, when we have a bio- Defense should consist primarily in op- strongly supported in the Senate by logical or chemical weapon of mass de- erating equipment designed to deal the chairman of the Armed Services struction involved in the situation, a with the chemical and biological Committee, Senator THURMOND. It was serious threat is posed to the interests agents involved, and that the primary unanimously adopted by the Senate. The administration, both the Depart- of the United States, civilian law en- responsibility for arrest would remain ment of Defense and Department of forcement expertise is not available to with the civilian officials. As a law en- Justice, have testified that current law counter the threat, Department of De- forcement situation unfolds, however, is inadequate and they need authority fense capabilities are needed to counter military personnel must be able to deal to deal with chemical and biological the threat, and law enforcement would with circumstances in which they may terrorism similar to the authority they be seriously impaired if DOD assistance confront hostile opposition. In such now have for nuclear terrorism. It is ir- is not provided. circumstances their safety and the responsible to leave our law enforce- I think the American people would safety of others and the law enforce- ment officials and military personnel expect us to be involved in that with ment mission cannot be compromised without clear authority to deal with the military, to protect the lives of by putting our military in that dan- these dangers. American citizens. gerous situation and then precluding I know the argument is made that we The types of assistance that could be them from exercising the power of ar- already have the insurrection statute provided during an emergency situa- rest or the use of force. on the books, which possibly could tion would involve operation of equip- Mr. President, some people wanted to cover this situation. I would like to ment to monitor, to detect, to contain, pass a statute saying the military just share with my colleagues, before I to disable or dispose of a biological or could do everything but they could close, a reading of that statute so they chemical weapon of mass destruction never make an arrest. I think they will understand why we need to have or elements of such a weapon. The au- ought to defer to civilians in almost all clarification. thority would include the authority to circumstances. But we do not want to Under the insurrection statute, sec- search for and seize the weapons or ele- have our military team out there in tions 331–335, title 10 United States ments of the weapons. chemical gear, looking for chemical Code, the President can use the mili- We may get into a situation where it weapons, some of which may already be tary in the following situations. is not entirely clear whether there is a escaping, no policemen being able to go To suppress an ‘‘insurrection’’ at the re- chemical or biological weapon but in because they do not have the equip- quest of a State. someone has threatened that that kind ment, no fire authority able to go in, To suppress ‘‘unlawful obstructions, com- of weapon is contained in a basement run right into the people perpetrating binations, or assemblages, or rebellion [that] make it impractical to enforce the laws of somewhere in a city. the act and not be able to do anything the United States in any State or Territory If the President of the United States about it. So we have to give them that by the ordinary course of judicial proceed- does not have this statutory authority, kind of limited authority in unusual, ings.’’ he is going to be very reluctant to put and hopefully circumstances which, To suppress ‘‘any insurrection, domestic the military into downtown New York God forbid—I hope they will never violence, unlawful combination, or conspir- to look for chemical or biological occur. But I must say the likelihood of acy’’ if it ‘‘so hinders the execution of laws’’ that a State or the Federal Government can- weapons. It would be extremely dan- something like this occurring in the not enforce the laws. gerous for law enforcement to under- next 5 to 10 years in America is, in my Before using these authorities, the take that task, but the President will view, very high. President must issue a proclamation be on the very conservative side and The motion to recommit would re- that, ‘‘order[s] the insurgents to dis- very reluctant to take that step unless quire the Department of Defense to be perse and retire peacefully to their he has absolute belief that there is reimbursed for assistance provided abodes within a limited time.’’ such a weapon and a disaster is im- under this section in accordance with Can you imagine somebody coming pending. section 377 of title 10, the general stat- into the President saying, ‘‘Mr. Presi- Unfortunately we are not going to ute governing reimbursement of the dent, we expect an attack. We cannot have that kind of clarity, in my view, Department of Defense for law enforce- prove this but we expect a chemical at- in the future. So it is important for ment assistance. This means that if tack in New York City or Chicago in Congress to speak to this issue. DOD does not get a training or oper- the next 12 to 24 hours. We desperately If the Biden amendment is agreed to ational benefit substantially equiva- need our military teams to go to a po- and it goes back to conference, and this lent to DOD training, then DOD must tentially hostile situation with protec- becomes law, the Attorney General and be reimbursed. tive gear to detect and determine if the Secretary of Defense would issue Under the motion to recommit, the that kind of material is present within joint regulations defining the type of functions of the Attorney General and certain areas of New York.’’ assistance that could be provided. The the Secretary of Defense may be exer- And the President says, ‘‘How do I do regulations would also describe the ac- cised, respectively, by the Deputy At- that?’’ tions that the Department of Defense torney General and the Deputy Sec- They say, ‘‘Mr. President, what you personnel may take in circumstances retary of Defense, each of whom serves first have to do is issue a proclamation, incidental to the provision of assist- as the alter ego to the head of the De- saying that the insurgents should dis- ance under this section, including the partment concerned. These functions perse and retire peacefully to their collection of evidence. This would not could be delegated to another official abodes within a limited time.’’ April 16, 1996 CONGRESSIONAL RECORD — SENATE S3373 Mr. President, can you imagine a President is wrong because they would using the military in domestic law en- President saying to his staff, ‘‘You not be acting under color of law. forcement, and rightly so. Civilian con- mean you want me to issue that? We So this immediate-threat-to-life in- trol of the military and separation of have a terrorist group in New York herent authority, though possibly the military from domestic law en- City running around and you want me available in desperate situations, is forcement feature prominently in the to issue a proclamation for the whole simply not the way to proceed. It early history of this country, from the world to see and for the American peo- would be a classic lawyers’ debate. Declaration of Independence to the ple to laugh at, saying that the insur- What we are doing now, if we leave the Constitution and Bill of Rights. Indeed, gents must disperse and retire peace- law as it is, as this bill before us will the Declaration of Independence listed fully to their abodes within a limited do unless it is amended, unless it is among our grievances against the King time? I will be laughed out of the sent back to conference and amended, of England that he had ‘‘kept among White House if I do that.’’ we are basically saying we are going to us, in times of peace, Standing Armies Any President would be extremely have one big furious debate among law- without the Consent of our legisla- reluctant to use that kind of authority. yers as to what authority would be ture,’’ and had ‘‘affected to render the Besides that, this is not an insurrec- used in what could be a matter of ur- Military independent of and superior to tion. It is not an unlawful combination gency, extreme urgency where every the Civil Power.’’ or conspiracy designed to hinder execu- minute and every hour counted for the It was abuse of military authority in tion of the laws. To fit chemical or bio- military to get into the business where domestic affairs, especially in the logical terrorism under the insurrec- we have a true emergency and Amer- South after the Civil War, that moti- tion statute would require an ex- ican life is threatened. vated Congress to impose the first so- tremely awkward and very stretched So the present law is inadequate. The called posse comitatus statute. The application. I think the President constitutional inherent authority of term ‘‘posse comitatus’’ means power would only use that if he was abso- the President is inadequate in this sit- of the country and has as its origin the lutely convinced that being scoffed at uation, and the insurrection law would power of the sheriff through common and made fun of all over the world by be, I think, resisted fiercely by any law to call upon people to help him issuing such a ‘‘disperse and retire President where you would have to ba- execute the law. peacefully’’ order would be outweighed sically make an almost preposterous- The statute, in 18 U.S.C. 1385, pre- by almost the certainty that that kind type plea for the people who are per- vents the Federal Government from of calamity was about to happen. petrating this act of terrorism to dis- using the Army or Air Force to execute These statutes are designed to deal perse and retire peacefully to their the law, except where Congress ex- with civil disorders, not terrorism. abodes within a limited time. pressly creates an exception. Domestic When the terrorists are on the subway I would like to hear someone explain law enforcement thus remains as is, in with chemical or biological agents of why this is not part of this conference the hands of local communities. mass destruction, must we await the report. I know that the Senate sup- Currently, as I understand it, Con- President’s issuing of a proclamation ported it. My colleague, Senator gress has created only limited excep- and ordering the terrorists to ‘‘retire HATCH, I am sure, urged its adoption in tions to the Posse Comitatus Act. The peacefully to their abodes?’’ the House of Representatives. I do not President can call out the military if The reason we have the statute that understand why this has been taken terrorists threaten the use of nuclear allows military assistance in the event out of this bill. weapons or if the rights of any group of of nuclear offenses is to provide for Mr. President, I urge the adoption of people are denied and the State in prompt and effective employment of the BIDEN amendment. which they reside is unable or unwill- military personnel to address the emer- The PRESIDING OFFICER. The Sen- ing to secure their lawful rights. gency, without the need to interpret ator from Utah is recognized. The military is also authorized to the law or determine whether there is Mr. HATCH. Mr. President, I know share intelligence information with some inherent authority to assist. the distinguished Senator from Wash- Federal law enforcement in attempts Chemical and biological weapons are ington would like to make some re- to combat drug trafficking. These are more likely to be used, and they marks, but let me just make a few limited exceptions to the act, however, present the same problems of mass ca- comments about the remarks of my and do not generally empower the mili- tastrophe as do nuclear weapons, and distinguished friend from Georgia. tary to be actively involved in the en- we should not delay clarification of the I do not entirely disagree with Sen- forcement of domestic laws. We have authority of the military personnel to ator NUNN, the distinguished Senator done well with a separation between provide specific assistance in emer- from Georgia. At the outset, I want to military authority and domestic law gency situations. call my colleagues’ attention to the enforcement. Although this proposal I do not understand why people op- fact that the Congress has already seems sensible and appears simply to pose this. I cannot understand why the acted in this area this year. Section 378 expand upon the military’s preexisting House opposes it. I think it is irrespon- of the National Defense Authorization authority, to become involved if the sible not to proceed as the Senator Act of fiscal year 1996, which is already use of nuclear weapons or biological or from Delaware is urging us to proceed law, specifically provides the military chemical weapons is threatened, it with his motion. can provide training facilities, sensors, may, in fact, be unnecessary. I know there is one other argument protective clothing and antidotes to The premise underlying this amend- that says, because of a Supreme Court Federal, State, and local law enforce- ment is that there does not exist decision, there is inherent authority ment in chemical and biological emer- among civilian law enforcement the ex- for the President to act with the mili- gencies. pertise to deal effectively with chemi- tary or with whatever he has to use to From this country’s earliest days, cal or biological agents. However, I be- protect against the immediate threat the American people have sought to lieve that such expertise is available to life. I would not deny that in certain limit military involvement in civilian outside of the military. Particularly in situations the President might use this affairs. In the wake of the terrible the area of chemical agents, civil au- authority. Certainly in desperate situa- tragedy in Oklahoma, with the height- thorities and even the private sector tions he might. This is not statutory ened sensitivity to the threat of terror- have considerable experience in con- authority. It requires him to exercise ism this country faces, some feel like taining these substances. constitutional, inherent authority. giving the military a more prominent Moreover, the military can already This is a very difficult situation and role in combating terrorism both here assist civil authorities in all aspects of the military personnel involved, if the and abroad. This is not a policy we responding to the type of crisis con- President is wrong in his assessment of should rush into. templated by this amendment but one: inherent and immediate threat to life, I must add, I support the provision, The actual use of military personnel to would be at risk. They would be at risk which is known as the Nunn-Thurmond disable or contain the device. The mili- of lawsuits and liability. They would be provision, in the Senate bill. Ameri- tary can lend equipment, it can provide at risk of all sorts of problems if the cans have always been suspicious of instructions and technical advice on S3374 CONGRESSIONAL RECORD — SENATE April 16, 1996 how to disable or contain a chemical or should do. I will make a commitment who appeared here yesterday and in the biological agent, and it can train civil to do everything in my power to make past has said they want more than any- authorities, if necessary. sure we look at it in every way, and if thing else. There is a very good reason The one thing that this amendment we do not do it here—and I suggest we to pass this bill for that reason alone. adds to the military’s ability to assist should not do it here on this bill under But there are so many other good pro- civil law enforcement is the permission these circumstances—then I will try visions in the bill that we ought to to put military personnel on the scene later in a bill that we can formulate pass it. We ought to pass it, even and inject them directly into civilian that will resolve some of these con- though one or more provisions that we law enforcement. This is, in my view, flicts that both the distinguished Sen- think might make the bill better can- the one thing we should not do. ator from Delaware and I and the dis- not be put into it at this time. This amendment would raise trou- tinguished Senator from Georgia and I We have really worked our guts out bling implications going to the heart of would like to see in this bill—and oth- to come out with a bill that I think can the Posse Comitatus Act. It recognizes, ers, I might add. be supported in a bipartisan manner. as it must, that whenever law enforce- So there is no desire to keep any- We have really worked hard on that. I ment personnel are engaged in an body’s provision out of the bill. There do not care who gets the credit for this evolving criminal event, there are un- is no desire to not solve this problem. bill. I can say we have worked very, predictable and exigent circumstances. The problem is we cannot do it on this very hard to have a bill that all of us The personnel on the scene must be bill and pass an antiterrorism bill this can be proud of. And I think we do have able to take the necessary steps, in- year. I think one reason the President one. Does it have everything in it? No. cluding making arrests, conducting called me last Sunday, I am sure, is be- But it has so much in it that we really searches and seizures and sometimes cause he has been asking us to get him have to go ahead and get it done. using force to protect lives and prop- a terrorism bill. This is it. This is the If this motion or any subsequent mo- erty. Yet, the posse comitatus statute week to do it. I think we have done a tions to recommit are passed, this bill was enacted precisely to ensure that really extraordinary job of bringing will be dead. I think that would be one the military would not engage in such this bill back from what it was when of the most tragic things that this civilian law enforcement functions. the House passed its bill. body could do this week, just a few Let me just say this. I agreed to the I give credit to the House Members. days before the anniversary date of the language that the distinguished Sen- There have been a lot of wonderful peo- Oklahoma City bombing. ator would like to put back in this bill ple over there who have worked hard Yesterday, we had people from Pan in the Senate bill. I would not be un- on this. I have mentioned some of them Am 103 here as well. We had others. happy if that language was in this bill. in my remarks here today. But cer- Frankly, they all asked us to get this Unfortunately, the reason it is not is tainly the distinguished chairman over bill through. I am doing everything I because we have people in the other there, CHUCK SCHUMER, and others, and can to get it through. So I hope people body who basically are concerned BOB BARR and others, have worked will vote against this motion even about some of these issues that I have very hard on this bill. though I myself have a great deal of re- just raised. Rightly or wrongly, they None of us have everything we want spect for the Senator from Georgia, a are concerned, and we were unable in in this bill. And none of us want to see great deal of empathy for his position, our deliberations, as much as we got it go down to defeat because of any one and I would, even if I did not under- this bill put together, as much as we provision that we can solve later as we stand it, I would want to support him have made it a very strong bill, we continue to study and look at this mat- as I often have done through the years were unable to get that provision in. ter. here on the floor of the U.S. Senate. Let us just be brutally frank about Also, one of the problems we have I think basically that says it. I hope this. If there is a motion to recommit had in trying to bring together people people will vote against any motion to on this issue, or any other issue, and on this very important piece of legisla- recommit because it would be tragic that motion is approved by the Senate, tion is that there have been some per- for this bill to go down. I cannot imag- then the antiterrorism bill is dead. If ceptions over in the House as a result ine the majority voting it that way. I we do not, there will be a chance to put of some of the mistakes that law en- hope they will not in this particular in- it through. forcement has made that perhaps we stance. Frankly, we have a very good bill might be going too far if we follow I yield the floor. here. It may not have every detail in it completely the Senate bill as it came Mr. NUNN addressed the Chair. that I would like to have. It does not out of the Senate Chamber. The PRESIDING OFFICER. The Sen- have every detail in it that the chair- I think those perceptions are wrong, ator from Georgia is recognized. man of the House Judiciary Committee but the fact is they are there. I think Mr. NUNN. Mr. President, I will just would like to have or our distinguished we have to work on them and educate make a few brief remarks. colleagues Senators BIDEN or NUNN and make sure that we, by doing future I have tremendous respect for my would like to have. I might add, it does bills, will resolve these problems, solve friend from Utah. He knows that. He not have all the provisions in it that them in the minds of not only Members and I have been on the same side of the Congressmen BARR and MCCOLLUM and of the House of Representatives who habeas corpus issue for a long time. BUYER and SCHIFF and others would have complaints against some of this Now the Governor of Florida, then Sen- like to have. information, but also in the minds of ator from Florida, Lawton Chiles, and I Nobody is totally going to get every- others who would like their own provi- came to the floor for 2 or 3 weeks in a thing they want in this bill. But what sions in the bill. row every day back in the 1970’s, I be- it does have is a lot of good law en- I have to say there are some—and I lieve—time slips by—about the impor- forcement provisions that will make a do not include the distinguished Sen- tance of reform in habeas corpus. So I real difference, in fact, right now ator from Georgia among them—but certainly share his view on that. against terrorism in our country and there are some who are just plain and As much as I think that needs re- internationally. We simply cannot simply trying to stop this bill. They forming, I do not think that habeas shoot the bill down because we cannot hate the habeas corpus provisions of corpus statutes are the problem now. It get a provision in at this particular this bill. I know the distinguished Sen- has been somewhat modified by the time that we particularly want. ator from Georgia does not, that he is courts themselves. I do not think that We all understand this process. We with me on those issues, but they do. is as urgent as what we are talking all understand that we cannot always And they will use any strategy to try about here, because with the hearings get everything in these bills that we to stop this bill because they do not we have had and with the tremendous want to. But I will make a commit- want to have death penalty reform. amount of effort that I have made and ment to my friend and colleague from This bill is going to bring that to all of Senator LUGAR and others have made Georgia, as I have on other matters. I us. It is worth it. in this whole problem of the prolifera- do not disagree with him in the sense If that is all we had in this bill, it is tion of chemical and biological weap- that this is something that perhaps we the one provision that every victim ons, I do not know whether anything is April 16, 1996 CONGRESSIONAL RECORD — SENATE S3375 going to happen next week, next absolute last resort when there is no not be done at the last minute when month, or next year. other alternative and when the result there is an immediate threat of attack. I do know that we could have some of failure to be involved would be cata- Mr. President, I would not be speak- calamity happen without any notice in strophic. ing in favor of this motion to recommit this area. I hate to see our Nation so I also would ask my friend from on an important bill like this if I did ill-prepared to deal with a threat that Utah—and I know he has tried to sus- not think that the failure to act in this is much more likely to happen than tain the Senate position on this; I regard could have a very serious con- some of the threats that we are pre- know him well enough to know that he sequence. None of us can predict at pared to deal with. has done that, and you cannot do it on what time interval something like this Mr. President, something has hap- every item in conference—but I do not will occur. I hope never. pened to our Republican friends in the understand how people who supported I must say, the probability of having House of Representatives. I am not the exception on the nuclear side to some kind of chemical or biological at- sure what deal was struck over there, the posse comitatus statute that was tack in the United States in the next but I recall very well being on the floor made at the Reagan administration’s several years is, in my view, a rather of the Senate—and my friend from request have a different view now. Dur- high probability. We will have to do a Utah probably recalls this, too—when ing the Reagan administration, they lot more than we have done so far to the House of Representatives passed an said they needed this exception. We get ready for it. I hope that somehow amendment—this was a good many had the same Constitution then, the the House of Representatives will rec- years ago during the Reagan adminis- same Supreme Court decisions, the ognize that. tration—that basically gave an order, same insurrection statute, but they I know the Senator from Utah is ab- waived the posse comitatus statute, wanted an exemption in the nuclear solutely sincere in his willingness to gave the order, I believe by Congress- area so they could clearly have statu- revisit this issue and try to put it on man HUNTER from California, to shut tory authority. We supported that. another bill. If this motion does not the borders down with our military, ba- That was not a partisan issue at all. pass, I will work with him in that re- sically shut them down, I believe, with- Democrats and Republicans supported gard. I hope that those in the House in 45 days saying the military would be it. President Reagan signed it into law. will reexamine their position. I hope deployed all over the borders of the Now we have the same kind of situa- they get some of their staff to go United States to basically close the tion, almost identical, in the chemical through the records. We have had a borders, not let any drugs come and biological area. We have a different considerable number of hearings on through. President in the White House, who is a this explicit point. We computed that we would have to Democrat, and we have a whole switch We have had all sorts of expert testi- bring all our military forces back from in positions where people say, ‘‘Oh, we mony from the fire chiefs around the Europe, from Korea, from Japan, ev- don’t need this. We don’t need it. We country, from law enforcement offi- erywhere else to put them side by side can’t give them this authority,’’ and so cials, from Justice Department offi- virtually on the border to comply with forth. I do not understand it. I under- cials, the FBI, the military. We have that. It passed the House, and it was a stand partisan positions, but I do not had detailed hearings on the attack in Republican-sponsored amendment. Of understand completely switching phil- Tokyo, what occurred there. Not only course, after some light was shone over osophical positions on something of are we not prepared law enforcement- here on the floor of the Senate, we re- this nature. wise in this regard, we do not have the jected that amendment. It did not hap- I make one other point. The Senator emergency medical training required pen. from Utah mentioned the provision we in most of our American cities to deal I also have a long history in this passed recently in the defense author- with the aftermath of this kind of posse comitatus area because I thought ization bill that allowed the equipment event if it did occur. We would simply certain carefully crafted exceptions to of the military to be used and to be be overwhelmed, and people would ask the statute needed to be made in the loaned to law enforcement and other all of us, ‘‘Where were you when this law enforcement and drug area, but domestic officials in situations that threat was being discussed, when you carefully constructed so we did not get are chemical-biological. That is a very were, basically, responsible for doing our military involved in search and sei- useful addition to the present author- something about it? Why did somebody zure and arrest on a routine basis. I ity. What you have to have there is not try to prevent it from happening, found myself debating the then-Sen- personnel who are trained to use that or at least prepare us to deal with the ator from California, now Governor of equipment. You cannot jump into terrible medical, tragic consequence of California, where he proposed an chemical protective gear and know how this kind of attack?’’ amendment that would have had the to operate it in an emergency situa- Again, I urge the Biden amendment military be able to make any kind of tion, if the Defense Department brings be adopted. arrest and search and seizure for drug it in and hands it to local police. You Mr. GORTON. Mr. President, in mon- transactions in the domestic United have to be trained in that. itoring the beginning of this debate, a States. The military spends hundreds of set of lyrics from a source that I usu- That was another very, very broad hours training people in that regard. It ally do not use came to mind as a bit waiver of the posse comitatus statute will take years and years and years to of advice for the distinguished Senator that I would have opposed. This would train our domestic law enforcement from Delaware. These lyrics come from have made, on a routine basis, a mili- and fire officials all over this country the Rolling Stones: ‘‘You can’t always tary response for law enforcement. I in the use of that kind of equipment. get what you want. But if you try real opposed that. That was going too far. Unless they are already trained, that hard you just might find, you just Here we have my colleagues on the statute will not be available for prac- mind find, you get what you need.’’ House side, and for some reason now tical use in an emergency situation. Now, Mr. President, the conferees they have switched all the way over They may try to use it, but it will not have tried real hard. They have tried and they are worried about even using do the job because it does not authorize real hard and I think indisputably, the military in a situation where we military personnel to operate the they have produced a bill that we very, have a desperate situation with chemi- equipment. very much need. cal and biological weapons where no- We simply have a multiple number of Most of this afternoon, however, has body else can handle it. I do not under- cities around this country that could been spent pointing out the bill’s stand it. I do not understand what has be struck, and we cannot freeze out and shortcomings, elements that the Sen- transpired. But something strange has prevent our military from being in- ator from Delaware or the Senator taken place here. volved in an emergency dire situation from Georgia or, for that matter, the I do think we have to approach this as a last resort. We have to have people Senator from Utah wish were in the whole posse comitatus area with great who are trained and know how to use bill but are not. Certainly, this bill is care. We do not want our military en- the equipment, not only protective not everything that the Senator from gaged in law enforcement except as an gear but protective equipment. It can- Delaware wishes, but it does contain a S3376 CONGRESSIONAL RECORD — SENATE April 16, 1996 lot of what he thinks is constructive. skilled law enforcement officers to en- previous judges were wrong and send Even he admits, and I think I am force those statutes and to arrest peo- the case back to the State courts. More quoting correctly, it is a ‘‘useful, if ple who violate them. It is also abso- frequent than that, of course, is that frail’’ antiterrorism bill. lutely vital, Mr. President, that when the single Federal court judge, and Senator HATCH, the distinguished we do so, that when our system of jus- then a circuit court of appeals, and per- Senator from Utah, has already out- tice has moved from apprehension haps then, again, the Supreme Court of lined the positive steps in connection through trial and conviction, that the the United States, finds nothing in with a campaign against terrorism people of the United States have a de- error in these processes and affirms the which are included in the conference gree of confidence in the finality of State court decisions, at which point report that is before the Senate now. I those convictions after appropriate ap- the process often starts over again will not take up the time of the Senate peals, and that the punishments pre- with the filing of another petition for simply by repeating them now. What scribed in those statutes will actually habeas corpus. we are faced with in the course of the be carried out. That is an area, a field That, Mr. President, more than any current debate, however, is the ques- in which we have been a significant other single factor, I think, has caused tion of whether or not we should reject failure, Mr. President, because of the the people of the United States to lose what the conference committee has almost unlimited nature of our habeas an important degree of faith in their done, send it back, and ask that the corpus provisions. criminal justice system. committee effectively start all over We talk of doing something about A reform of that system, not to deny again. terrorism and the fear it instills be- a right of appeal, but in effect—except This conference committee has la- cause the people of the United States under extraordinary circumstances—to bored long enough. I do not believe lack trust and confidence in their give only a single bite at the apple that the Senator from Utah has left criminal justice system and feel unsafe through the Federal court system, is anything on the table. I do not think on their streets, at least in part be- the subject of the habeas corpus provi- that he walked away having omitted cause they see delay after delay, appeal sions that have been shepherded anything from this bill that his very after appeal, a total lack of finality, through both Houses of Congress by the best efforts and the help of other Sen- thousands of dollars after thousands of distinguished Senator from Utah. It is my opinion, Mr. President, that ate Members in both parties could pos- dollars going into the endless delays in these provisions complement, and are sibly have gotten included for us to the execution of sentences, particu- as important, or more important, than make better an already fine propo- larly related to capital punishment. the strictly antiterrorism elements of sition. Now, reforming habeas corpus is vi- What we have here is a meaningful tally important in that connection, Mr. this legislation. It is my opinion that antiterrorism bill, one that will make President, and not just with respect to the more strictly antiterrorism provi- sions of this legislation are themselves the law better than it is at the present antiterrorism legislation, but with re- important. I find myself in agreement time, one that will help the President spect to all of the other serious crimes with all of those here, and I think that and our Federal law enforcement offi- principally contained in our State and includes every Member of the Senate cers by adding to the tools to deal with Federal criminal codes. who has spoken on this subject, that a new, highly regrettable situation Let us move from the abstract to the we ought to do better, that we ought to with which our society is faced. concrete for just a few moments. I But there is something else in this would like to remind my colleagues of have more antiterrorism legislation. I bill, Mr. President. That something the subject on which I have spoken a think it very unlikely that that is going to happen in the course of this else is highly controversial, something number of times in the course of the Congress. that I believe the President of the last Congress—one particular case in As I have said before, I think the United States would just as soon not the State of Washington, which illus- Senator from Utah got everything out have in it, something that I think a trates the frustration that our people of this conference committee that he number of other Members wish were feel with a system of endless appeals. could get, and the effect of a motion to Charles Campbell was tried and sent not a part of this bill. Something, how- recommit would simply be that we to jail for the rape of a particular ever, that I think is particularly im- would either have no legislation on woman in a county just north of Se- portant. That is the reform of our en- this subject, or this identical legisla- attle, WA. When he was on work re- tire habeas corpus procedures in con- tion, which is important, would be de- lease he went back to the home of this nection with the conviction for serious layed. crimes. woman and murdered her, together Delays have already been too long, Doing something about a flawed ha- with her 8-year-old daughter and a Mr. President. I sincerely hope that the beas corpus system has been discussed neighbor who just happened to be in Members of the Senate will reject a in this Senate since I began serving the way. In 1982, he was charged with motion to recommit and will promptly here over a decade ago. We finally have capital murder for those offenses and pass this legislation. The House is cer- an opportunity this evening in connec- convicted. By 1984, that conviction had tain to do the same. We will, when the tion with this bill to do something gone through the entire State court President has signed it, move forward positive about it. system, and the conviction and sen- on two distinct but related fields—sig- I believe that the Senator from Dela- tence had been affirmed by the Su- nificant progress with respect to ware has complained that habeas cor- preme Court for the State of Washing- antiterrorism, and significant progress pus reform is not relevant to an ton. From 1984 to 1994, Mr. President— with respect to reforming our habeas antiterrorism bill. Just as an aside, Mr. 10 additional years—57 separate actions corpus system. For that, the Senator President, I find it a charming argu- were taken in the Federal courts of the from Utah, and all who have worked on ment coming from the side of the aisle United States—a first direct appeal to this legislation, deserve our grateful which insists on our voting on Social the Supreme Court of the United thanks and the thanks of the American Security amendments and minimum States, which was turned down, fol- people. wage amendments as a part of the de- lowed by innumerable petitions for ha- Mr. BIDEN. Mr. President, I am sure bate over immigration. I am tempted beas corpus and appeals from various my friend from Washington is aware to say that we might have stronger orders in those habeas corpus petitions. that these are Federal offenses we are rules of relevance in connection with Remember, Mr. President, that even creating here. They have nothing to do all of our debates. Be that as it may, I after a capital case has gone through with State habeas corpus. He is aware am convinced that habeas corpus is rel- all of its State court appeals and has of that, is he not? evant to a bill with respect to terror- been appealed to the Supreme Court of Mr. GORTON. Yes. I think the Sen- ism. the United States, which has either af- ator from Washington said when the Mr. President, to deal effectively firmed it or failed to act, a single Fed- Senator from Delaware was off the with any criminal challenge, we must eral district court judge can interrupt floor that he regards it as rather have effective, clear, and cogent crimi- the process. That single judge can touching that the Senator from Dela- nal statutes. We must have strong and make a determination that all of the ware wants to make sure everything April 16, 1996 CONGRESSIONAL RECORD — SENATE S3377 we do is relevant to Federal ing from Campbell’s attorneys that they in- January 20, 1993: The Ninth Circuit hears antiterrorism legislation, when I be- tended to file an appeal the following Mon- oral arguments on Campbell’s second appeal. lieve he has been supporting the propo- day, March 27, the judge calls for an evi- January 26, 1993: The Ninth Circuit grants sition on the other side of the aisle dentiary hearing that day and in no way lim- a request by Campbell’s attorney for a re- its the issues that Campbell and his attor- hearing of Campbell’s third appeal, the de- that immigration legislation should neys will be allowed to raise. The judge also nial of which the court affirmed on 12/24/92. carry Social Security amendments orders Campbell and his former trial attor- January 29, 1993: The Ninth Circuit, in its with it and a number of other subjects ney to be present regarding Campbell’s claim reconsideration of Campbell’s second appeal, of that sort. of ineffective counsel. orders attorneys for Campbell and the State This legislation is, of course, dealing March 27, 1989: Campbell files another ap- to submit written arguments on whether with Federal statutes and with Federal peal and, at the evidentiary hearing, raises hanging is cruel and unusual punishment, courts. Habeas corpus legislation, of three issues regarding hanging: (1) hanging and whether an evidentiary hearing should course, deals primarily with State laws will deprive him of constitutional right be held in federal district court on the issue against cruel and unusual punishment; (2) of hanging. and State convictions, but with the in- the state has no one qualified to perform the April 28, 1993: The Ninth Circuit orders terference by the Federal courts in hanging; and (3) having to choose between Campbell’s case back to federal district those procedures. execution by lethal injection or hanging vio- court for an evidentiary hearing on whether If the Senator would further yield a lates his protection against cruel and un- hanging is cruel and unusual punishment. moment, I ask unanimous consent that usual punishment and his First Amendment May 4, 1993: The State asks the Ninth Cir- a chronology of the Campbell case be freedom of religion. Campbell and his attor- cuit to reconsider its April 28 order. May 7, 1993: The Ninth Circuit denies the printed in the RECORD. neys offer no evidence to substantiate these State’s request. There being no objection, the mate- issues and he again claims he was rep- resented by ineffective counsel. Later that May 10, 1993: The State appeals to the U.S. rial was ordered to be printed in the day, Judge Coughenour rejects Campbell’s Supreme Court, asking it to set aside the RECORD, as follows: charges against hanging, and denies his mo- evidentiary hearing in federal district court April 14, 1982: Campbell beats and murders tion to stay the execution. and to require the Ninth Circuit court to Renae Wickland, in her Clearview, WA home, March 28, 1989: Campbell appeals Judge rule on whether hanging violates the Con- then beats and murders Wickland’s 8-year- Coughenour’s denial to the Ninth Circuit stitution. old daughter, along with a neighbor who Court of Appeals. The Ninth Circuit stays May 14, 1993: Supreme Court Justice San- stopped by the home. Campbell’s execution, pending the appeal. dra Day O’Connor issues a four-page chamber November 26, 1982: Campbell is convicted of June 27, 1989: Attorneys for the State and opinion indicating a single high court justice aggravated first degree murder in Snohomish for Campbell present oral argument to the does not have the authority to overrule an County Superior Court. Ninth Circuit Court. order by the Ninth Circuit. She cites the December 17, 1982: Campbell is sentenced to February 21, 1991: The Ninth Circuit orders ‘‘glacial progress’’ of the Campbell case and death in Snohomish County Superior Court. the withdrawal of Campbell’s latest appeal, dismisses the State’s appeal ‘‘without preju- November 6, 1984: Washington State Su- pending responses by the attorneys on the dice,’’ leaving open the door for the state to preme Court affirms Campbell’s conviction question of whether Campbell has exhausted press its case before the full Supreme Court. and sentence. all legal avenues in state court. May 17, 1993: The State appeals the Ninth April 29, 1985: The United States Supreme March 4, 1991: The State responds to the 2/ Circuit order to the full Supreme Court. Court denies Campbell’s request to hear an 21/91 order, demonstrating that Campbell has May 24–26, 1993: Judge Coughenour con- appeal of his conviction. exhausted all other state remedies. ducts an evidentiary hearing on whether July 22, 1985: Campbell files an appeal in June 3, 1991: Campbell’s attorneys inform hanging is cruel and unusual punishment. federal district court. the State Supreme Court that they intend to June 1, 1993: The U.S. Supreme Court de- February 16, 1986: Federal district court de- file another appeal. This will be his third nies without comment the State’s request to nies Campbell’s appeal after an evidentiary separate appeal. vacate the Ninth Circuit’s order to conduct hearing. August 7, 1991: The Ninth Circuit grants the evidentiary hearing. February 18, 1986: Campbell appeals to the Campbell’s request to discharge his attorney, June 1, 1993: Judge Coughenour issues his Ninth Circuit Court of Appeals. and delays its ruling on other issues, pending findings and conclusions, ruling that Wash- October 6, 1987: The Ninth Circuit Court af- review of Campbell’s new appeal, which has ington’s judicial hanging protocol fully com- firms the district court’s decision denying not yet been filed. ports with the Constitution and does not Campbell’s appeal. September 13, 1991: Campbell files his third constitute cruel and unusual punishment. June 8, 1988: The State of Washington appeal. February 8, 1994: The Ninth Circuit rules 6– moves to remove the stay on Campbell’s exe- October 25, 1991: Bypassing the Ninth Cir- 5 that hanging does not constitute cruel and cution. cuit, the State asks the U.S. Supreme Court unusual punishment and that being forced to July 10, 1988: Ninth Circuit Court of Ap- to compel the Ninth Circuit to resolve Camp- choose death by lethal injection, or face peals denies the state’s request. bell’s earlier appeal (not the third appeal death by hanging does not violate Campbell’s August 19, 1988: Campbell appeals his case filed on 9/13/91). constitutional rights. The ruling states that again to the United States Supreme Court. January 13, 1992: The U.S. Supreme Court the stay of execution will be lifted and the November 7, 1988: The U.S. Supreme Court denies the State’s request to compel the mandate ordering the execution will be is- refuses to hear Campbell’s appeal. Ninth Circuit to rule on Campbell’s appeal, sued 21 judicial days following the order. November 8, 1988: State of Washington files but indicates the State may make additional February 15, 1994: Attorney General Chris- motion to move forward with execution of requests ‘‘if unnecessary delays or unwar- tine O. Gregoire files a motion with the Campbell. ranted stays’’ occur in the Ninth Circuit’s Ninth Circuit to lift the stay of execution. December 6, 1988: State Supreme Court handling of the Campbell case. Attorneys for Campbell also file motions to agrees with State’s motion, denying the stay March 9, 1992: The U.S. District Court dis- continue the stay of execution and to re- of execution. misses Campbell’s third appeal filed on 9/13/ quest reconsideration of the Ninth Circuit’s January 25, 1989: Ninth Circuit Court of 91. February 8 ruling by the full Circuit Court. Appeals agrees with State Supreme Court, April 1, 1992: The Ninth Circuit Court af- March 21, 1994: After waiting more than dissolving the stay of execution. firms the district court’s denial of Camp- one month for the 9th Circuit to act on her February 15, 1989: Snohomish County Supe- bell’s earlier appeal (not the appeal denied motion, Attorney General Gregoire asks the rior Court issues a death warrant for Camp- by the district court on 3/9/92). U.S. Supreme Court to remove the stay of bell’s execution for March 30, 1989. April 22, 1992: The State asks the Ninth execution. Also on this date, the U.S. Su- March 7, 1989: Campbell files appeal with Circuit to allow Campbell’s execution to preme Court rejects Campbell’s appeal for a State Supreme Court and a motion to stay move forward and to conduct an expedited hearing on his third habeas petition. the execution. In both documents he raises review of Campbell’s third appeal (the appeal March 25, 1994: Justice Sandra Day O’Con- several unsupported challenges to hanging as filed on 9/13/91). nor refuses to lift the stay of execution. a method of execution. May 5, 1992: The Ninth Circuit denies both March 28, 1994: This date marks the fifth March 23, 1989: The State Supreme Court requests by the state. anniversary of the stay of execution imposed unanimously rejects all of Campbell’s May 14, 1992: The State asks the Ninth Cir- by the 9th Circuit Court of Appeals. challenes against hanging and denies his mo- cuit to reconsider both of its May 5 rulings. April 14, 1994: This date marks the 12th an- tion to stay the execution. The court con- May 15, 1992: Campbell’s attorney and niversary of the three murders committed by cludes that none of his issues warrant fur- Campbell himself ask the Ninth Circuit Campbell. ther consideration. Court for a rehearing. April 14, 1994: 9th Circuit Court of Appeals March 24, 1989: Federal District Court June 4, 1992: Campbell’s attorney files legal lifts stay of execution. Judge John Coughenour, anticipating an- brief in Campbell’s third appeal. April 15, 1994: State sets May 27, 1994 execu- other appeal by Campbell in federal court, December 24, 1992: The Ninth Circuit af- tive date. summons attorneys for both sides into his firm’s the district court’s denial of Camp- May 3, 1994: Campbell asks U.S. Supreme chambers to discuss the matter. Upon learn- bell’s third appeal. Court to stay execution and rule on claim S3378 CONGRESSIONAL RECORD — SENATE April 16, 1996 that hanging is unconstitutional method of moves to recommit the conference report ‘‘(6)(A) Except to the extent otherwise pro- execution. with instructions to add provisions. vided by the Attorney General, the Deputy May 27, 1994: Campbell is executed. Mr. HATCH. Mr. President, I ask Attorney General may exercise the author- Mr. BIDEN. Mr. President, once unanimous consent that reading of the ity of the Attorney General under this sub- again, my friend misses the point. I am section. The Attorney General may delegate motion be dispensed with. the Attorney General’s authority under this not objecting to the State portion The PRESIDING OFFICER. Without being put in here. That is not relevant. subsection only to the Associate Attorney objection, it is so ordered. General or an Assistant Attorney General It has nothing to do with terrorism. It The motion is as follows: and only if the Associate Attorney General is not going to effect the bill. My col- Motion to recommit the conference report to whom delegated has been designated by league talks about this having an im- on the bill S.735 to the committee of con- the Attorney General to act for, and to exer- pact on terrorism. I believe we should ference with instructions to the managers on cise the general powers of, the Attorney Gen- reform State habeas corpus. We should, the part of the Senate to disagree to the con- eral. and it is appropriate to do it in this ference substitute recommended by the com- ‘‘(B) Except to the extent otherwise pro- bill, as long as my friend from Wash- mittee of conference and insist on inserting vided by the Secretary of Defense, the Dep- ington does not have any illusions that the following: uty Secretary of Defense may exercise the authority of the Secretary of Defense under he can go back and tell the people of SEC. . AUTHORITY TO REQUEST MILITARY AS- SISTANCE WITH RESPECT TO OF- this subsection. The Secretary of Defense Washington that by effecting State ha- FENSES INVOLVING BIOLOGICAL may delegate the Secretary’s authority beas corpus he has done something AND CHEMICAL WEAPONS. under this subsection only to an Under Sec- about terrorism. That is the point. It is (a) BIOLOGICAL WEAPONS OF MASS DESTRUC- retary of Defense or an Assistant Secretary relevant, just not relevant to stopping TION.—Section 175 of title 18, United States of Defense and only if the Under Secretary or terrorism. Code, is amended by adding at the end the Assistant Secretary to whom delegated has The second point I will make—and following: been designated by the Secretary to act for, then I will make my motion—is that ‘‘(c)(1) MILITARY ASSISTANCE.—The Attor- and to exercise the general powers of, the ney General may request that the Secretary people have been asking me about Secretary. of Defense provide assistance in support of ‘‘(7) Nothing in this section shall be con- time. I am willing to enter into a time Department of Justice activities relating to strued to limit the authority of the execu- agreement. There are a maximum of a the enforcement of this section in an emer- tive branch in the use of military personnel possible 14 motions. I doubt whether gency situation involving biological weapons or equipment for civilian law enforcement they will all be used. I am prepared to of mass destruction. Department of Defense purposes beyond that provided by law before agree to one-half hour, equally divided, resources, including personnel of the Depart- the date of enactment of [this Act].’’. and to a time certain to vote tomor- ment of Defense, may be used to provide ‘‘(b) CHEMICAL WEAPONS OF MASS DESTRUC- row, or tonight, or whenever anybody such assistance if— TION.—The Chapter 113B of Title 18, United ‘‘(A) the Secretary of Defense and the At- States Code, that relates to terrorism, is wants to vote on it. So I want every- torney General determine that an emergency amended by inserting after section 2332a the body to know that. I understand we situation involving biological weapons of following: may be trying to work that out now. mass destruction exists; and ‘‘§2332b. Use of chemical weapons Mr. HATCH. If the Senator will yield, ‘‘(B) the Secretary of Defense determines ‘‘(a) OFFENSE.—A person who without law- that would be fine with me—one-half that the provision of such assistance will not ful authority uses, or attempts or conspires hour equally divided. I am prepared to adversely affect the military preparedness of to use, a chemical weapon— go and get it done. This is that impor- the United States. ‘‘(1) against a national of the United States tant. The President has asked for it. He ‘‘(2) As used in this section, ‘emergency while such national is outside of the United situation involving biological weapons of said he wants it as quickly as we can States; mass destruction’ means a circumstance in- ‘‘(2) against any person within the United do it. We have all week, but we might volving a biological weapon of mass destruc- States; or as well find out whether we can do it at tion— ‘‘(3) against any property that is owned, all. I believe we can, and with coopera- ‘‘(A) that poses a serious threat to the in- leased or used by the United States or by any tion we can get this done. I am happy terests of the United States; and department or agency of the United States, to cooperate and do it that way—just ‘‘(B) in which— whether the property is within or outside of go bing, bing, bing, from here on out. ‘‘(i) civilian expertise is not readily avail- the United States. Mr. BIDEN. I have no objection to able to provide the required assistance to shall be imprisoned for any term of years or counter the threat posed by the biological keep going now. That is a call of the for life, and if death results, shall be pun- weapon of mass destruction involved; ished by death or imprisoned for any term of leadership. That is up to them. In the ‘‘(ii) Department of Defense special capa- meantime, while we are figuring out years or for life. bilities and expertise are needed to counter ‘‘(b) DEFINITIONS.—For purposes of this sec- how long we are going to go—— the threat posed by the biological weapon of tion— Mr. HATCH. If the Senator will yield, mass destruction involved; and ‘‘(1) the term ‘national of the United we need to see what all the motions ‘‘(iii) enforcement of the law would be seri- States’ has the meaning given in section are. We need to know what those are. ously impaired if the Department of Defense 101(a)(22) of the Immigration and Nationality We would appreciate that. assistance were not provided. Act (8 U.S.C. 1101(a)(22)); and ‘‘(3) The assistance referred to in para- ‘‘(2) the term ‘chemical weapon’ means any Mr. BIDEN. I would be happy to do graph (1) includes the operation of equip- that. weapon that is designed to cause widespread ment (including equipment made available death or serious bodily injury through the MOTION TO RECOMMIT under section 372 of title 10) to monitor, con- release, dissemination, or impact of toxic or Mr. BIDEN. I offer a motion on be- tain, disable, or dispose of a biological weap- poisonous chemicals or their precursors. half of Senator NUNN and myself to re- on of mass destruction or elements of the ‘‘(c)(1) MILITARY ASSISTANCE.—The Attor- commit the conference report with in- weapon. ney General may request that the Secretary structions to add a provision to give ‘‘(4) The Attorney General and the Sec- of Defense provide assistance in support of retary of Defense shall jointly issue regula- Department of Justice activities relating to the military authority in the cases of tions concerning the types of assistance that emergency involving chemical and bio- the enforcement of this section in an emer- may be provided under this subsection. Such gency situation involving chemical weapons logical weapons of mass destruction. regulations shall also describe the actions of mass destruction. Department of Defense Mr. President, once I formally make that Department of Defense personnel may resources, including personnel of the Depart- that motion, I would suggest to my take in circumstances incident to the provi- ment of Defense, may be used to provide colleagues that we will regret mightily sion of assistance under this subsection. such assistance if— if there is a chemical attack and this Such regulations shall not authorize arrest ‘‘(A) the Secretary of Defense and the At- does not pass. or any direct participation in conducting torney General determine that an emergency I now formally offer that motion to searches and seizures that seek evidence re- situation involving chemicals weapons of recommit. lated to violations of this section, except for mass destruction exists; and Mr. HATCH. Mr. President, I suggest the immediate protection of human life, un- ‘‘(B) the Secretary of Defense determines less participation in such activity is other- that the provision of such assistance will not the absence of a quorum. wise authorized under paragraph (3) or other adversely affect the military preparedness of The PRESIDING OFFICER. The applicable law. the United States. clerk will read the motion. ‘‘(5) The Secretary of Defense shall require ‘‘(2) as used in this section. ‘emergency sit- The legislative clerk read as follows: reimbursement as a condition for providing uation involving chemical weapons of mass The Senator from Delaware [Mr. BIDEN], assistance under this subsection in accord- destruction’ means a circumstance involving for Mr. NUNN, for himself and Mr. BIDEN, ance with section 377 of title 10. a chemical weapon of mass destruction— April 16, 1996 CONGRESSIONAL RECORD — SENATE S3379 ‘‘(A) that poses a serious threat to the in- (2) REPORT REQUIREMENT.—The President that the families of the bombing vic- terests of the United States; and Shall Submit to the Congress— tims can seek restitution. So if the ‘‘(B) in which— (A) ninety days after the date of enact- bombers come into money from any ‘‘(i) civilian expertise is not readily avail- ment of this Act, a report describing the re- able to provide the required assistance to spective policy functions and operational source, the victims’ families can re- counter the threat posed by the chemical roles of Federal agencies in countering the ceive restitution. This is very positive weapon of mass destruction involved; threat posed by the use or potential use of development. ‘‘(ii) Department of Defense special capa- biological and chemical weapons of mass de- How does the current bill, like S. bilities and expertise are needed to counter struction within the United States. 1404, do this? Section 206(m) of the con- the threat posed by the biological weapon of (B) one year after the date of enactment of ference report establishes a lien in mass destruction involved; and this Act, a report describing the actions favor of crime victims, very similar to ‘‘(iii) enforcement of the law would be seri- planned to be taken and the attendant cost ously impaired if the Department of Defense pertaining to paragraph (1); and the lien procedure contained in S. 1404. assistance were not provided. (C) three years after the date of enactment I believe that this section will prove to ‘‘(3) The assistance referred to in para- of this Act, a report updating the informa- be of enormous value. graph (1) includes the operation of equip- tion provided in the reports submitted pursu- Also, the conference report, section ment (including equipment made available ant to subparagraphs (A) and (B), including 206(n), drew on provisions in S. 1404, under section 372 of title 10) to monitor, con- measures taken pursuant to paragraph (1). which provided that should prisoners tain, disable, or dispose of a chemical weap- (D) CLERICAL AMENDMENT.—The chapter analysis for chapter 113B of title 18, United who have been ordered to pay restitu- on of mass destruction or elements of the tion file a prisoner lawsuit and receive weapon. States Code, is amended by inserting after ‘‘(4) The Attorney General and the Sec- the item relating to section 2332a the follow- a windfall, that windfall will go to the retary of Defense shall jointly issue regula- ing: victims and not to the prisoner. This tions concerning the types of assistance that ‘‘2332b. Use of chemical weapons.’’. should take some of the lure out of (e) USE OF WEAPONS OF MASS DESTRUC- may be provided under this subsection. Such prisoner lawsuits. Importantly, the TION.—Section 2332a(a) of title 18, United regulations shall also describe the actions States Code, is amended by inserting ‘‘with- conference report we are debating that Department of Defense personnel may out lawful authority’’ after ‘‘A person who’’. today also provides that windfalls re- take in circumstances incident to the provi- Mr. GRASSLEY. Mr. President, I rise ceived by prisoners from all sources, sion of assistance under this subsection. including lawsuits, will go to pay vic- Such regulations shall not authorize arrest in strong support of the antiterrorism or any direct participation in conducting bill. In my view, this bill strikes a rea- tims. searches and seizures that seek evidence re- sonable balance between the needs of This conference report, in section lated to violations of this section, except for the law enforcement and national secu- 206(d)(3), like S. 1404, requires criminals the immediate protection of human life, un- rity communities and the constitu- to list all their assets under oath. This less participation in such activity is other- tional rights of the American people. I way, if criminals who owe victims try wise authorized under paragraph (3) or other to hide their assets, they can be pros- applicable law. applaud the efforts of Senator HATCH and other conferees in crafting this im- ecuted for perjury. This too should help ‘‘(5) The Secretary of Defense shall require make sure that victims receive more of reimbursement as a condition for providing portant and much-needed piece of leg- assistance under this subsection in accord- islation. what they are entitled to. ance with section 377 of title 10. Perhaps one of the more important While the restitution provisions of ‘‘(6)(A) Except to the extent otherwise pro- provisions of this bill relates to res- this bill are an important step in the vided by the Attorney General, the Deputy titution to victims of crime in Federal right direction, I would also like to Attorney General may exercise the author- courts. I am proud to say that key pro- point out that unlike S. 1404, the con- ity of the Attorney General under this sub- visions of S. 1404, the Victim Restitu- ference report does not establish a section. The Attorney General may delegate tion Enhancement Act of 1995, which I hard-and-fast time limit within which the Attorney General’s authority under this restitution liability must be paid off. I subsection only to the Associate Attorney introduced on November 8, 1995, with General or an Assistant Attorney General Senator KYL, have been incorporated think that this is a serious short- and only if the Associate Attorney General into the conference report. This bill, I coming. Without a bright-line for the or Assistant Attorney General to whom dele- believe, provides victims of crime with payment of restitution, well-financed gated has been designated by the Attorney a valuable and important way of vindi- criminal defense lawyers will use legal General to act for, and to exercise the gen- cating their rights and obtaining res- technicalities to delay payment as long eral powers of, the Attorney General. titution. S. 1404 provides that court or- as possible. The reason that no definite ‘‘(B) Except to the extent otherwise pro- ders requiring restitution will act as a time limit was included is that some vided by the Secretary of Defense, the Dep- Members of the minority opposed a uty Secretary of Defense may exercise the lien which the victims themselves can authority of the Secretary of Defense under enforce. I think this lets victims help definite time limit. So, in this respect, this subsection. The Secretary of Defense themselves and ensures that crime vic- I believe that S. 1404 is superior to the may delegate the Secretary’s authority tims will receive the restitution they current bill. under this subsection only to an Under Sec- are entitled to. The conference report also makes se- retary of Defense or an Assistant Secretary To understand why giving victims of rious and much-needed reforms of ha- of Defense and only if the Under Secretary or Federal crimes the ability to seek res- beas corpus prisoner appeals. As even a Assistant Secretary to whom delegated has titution from their victimizers is a casual observer of the criminal justice been designated by the Secretary to act for, positive development, you need to un- system knows, criminals have abused and to exercise the general powers of, the Secretary. derstand the nature of most of the Fed- habeas corpus to delay just punish- ‘‘(7) Nothing in this section shall be con- eral crimes which give rise to restitu- ment. strued to limit the authority of the execu- tion liability. Federal Crimes, by and I believe that this conference report tive branch in the use of military personnel large, are not crimes of violence like strikes exactly the right balance on ha- or equipment for civilian law enforcement State crimes are. Once you exclude beas corpus reform. It provides enough purposes beyond that provided by law before Federal drug prosecutions—which do in the way of habeas appeals to ensure the date of enactment of [the Act].’’. not give rise to restitution liability as that unjustly convicted people will (c)(1) CIVILIAN EXPERTISE.—The President that term is generally understood— have a fair and full opportunity to shall take reasonable measures to reduce ci- vilian law enforcement officials’ reliance on many Federal prosecutions are for bring forth new evidence or contest Department of Defense resources to counter fraud and other so-called white crimes. their incarceration in numerous ways. the threat posed by the use or potential use With fraud and white collar crimes, the But the conference report sets mean- of biological and chemical weapons of mass victims may have substantial re- ingful limits, which should go a long destruction within the United States, includ- sources. These persons may wish to ob- way toward eliminating many of the ing— tain restitution themselves, rather flagrant abuses that make a mockery (A) increasing civilian law enforcement ex- than relying on overworked prosecu- of justice. pertise to counter such threat; If we do not pass this bill, with this (B) improving coordination between civil- tors to do that job. That’s what the ian law enforcement officials and other civil- lien does, its gives victims a powerful habeas corpus reform package, we can ian sources of expertise, both within and out- tool use to get restitution. pretend that we are for the death pen- side the Federal Government, to counter With respect to terrorism, and the alty. But, in reality, the death penalty such threat. Oklahoma City bombing, this means will be virtually meaningless and S3380 CONGRESSIONAL RECORD — SENATE April 16, 1996 toothless. The families of the bombing found to be engaging in or supporting this investigation in my role as rank- victims in Oklahoma City know this, terrorist acts, to control fundraising ing Republican of the House Inter- and they support this bill. by foreign terrorist organizations, and national Operations Subcommittee, Let us not get ourselves in the posi- procedural changes to strengthen our which has jurisdiction over terrorism tion of making mere symbolic ges- counterterrorism laws. issues, a role I have continued in the tures, which do not really help the This legislation will enhance the Senate as Chair of the International American people and which do not real- ability of our law enforcement agencies Operations Subcommittee of the For- ly restore faith in the justice system. I to bring terrorists to justice, in a man- eign Relations Committee. agree with President Clinton: Punish- ner mindful of our cherished civil lib- Sheikh Rahman is the spiritual lead- ment should be swift and sure. Just erties. This bill will enact practical er of Egypt’s terrorist organization, punishment must be meted out in an measures to impede the efforts of those The Islamic Group. His followers were appropriate amount of time. violent rejectionists who have convicted for the 1993 bombing of the I strongly support these reforms, and launched an unprecedented campaign World Trade Center in New York. The again applaud the conferees for bring- of terror intended to crush the pros- Sheikh himself received a life sentence ing this bill to the floor. Mr. President, pects for peace for the Israeli and Pal- for his own role in approving a planned I yield the floor. estinian people. Most important is the second wave of terrorist acts in the Ms. SNOWE. Mr. President, I rise in provision in this bill that will cut off New York City area. strong support of the conference report the ability of terrorist groups such as The case of Sheikh Abdel Rahman is on S. 735, the Comprehensive Terrorism Hamas to raise huge sums in the Unit- significant because he was clearly ex- Prevention Act. I would like to con- ed States for supposedly ‘‘humani- cludable from the United States under gratulate Chairman HATCH, Senator tarian’’ purposes, where in reality a the pre-1990 law, but the legal author- BIDEN, and the other Senate conferees large part of those funds go toward ity to exclude him ended with enact- on both sides of the aisle for their dili- conducting terrorist activities. These ment of the Immigration Reform Act gent work in conference with the other accomplishments are real, and this leg- that year. He was admitted to this body. This bill left the Senate June 7, islation deserves our support. country through an amazing series of 1995, having passed by an overwhelming Mr. President, I would like to con- bureaucratic blunders. bipartisan vote of 91 to 8. Then the bill centrate the remainder of my com- Then in 1990, as the U.S. government went over to the House, where it lan- ments on two provisions of mine that was building its deportation case guished for 9 months. When it finally were retained in this conference report. against him, the law changed. As a re- came up in the House for a vote on These two provisions are the Terrorist sult, the State Department was forced March 13, the most important anti-ter- Exclusion Act and the Law Enforce- to try to deport him on the grounds rorism provisions were stripped from ment and Intelligence Sources Protec- that he once bounced a check in Egypt the bill. tion Act, both of which I introduced and had more than one wife, rather than the fact that he was the known When this occurred, many of us who separately last year. strongly supported the Senate bill were Traditionally, Americans have spiritual leader of a violent terrorist dismayed and wondered whether it thought of terrorism as primarily a Eu- organization. A high-ranking State Department of- would even be possible for a conference ropean, Middle Eastern, or Latin Amer- ficial informed my staff during my in- committee to fashion a final bill that ican problem. While Americans abroad vestigation that if Sheikh Abdel would garner the strong bipartisan sup- and U.S. diplomatic facilities have Rahman had tried to enter after the port that the original Senate bill en- been targets in the past, Americans 1990 law went into affect, they would joyed. To emphasize the importance of have often considered the United have had no legal authority to exclude this bipartisan support, I joined with States itself largely immune to acts of him from the United States because Senator LIEBERMAN on March 29, in terrorism. Two events have changed they had no proof that he had ever per- sending a letter to all five Senate con- this sense of safety. The first was the sonally committed a terrorist act, de- ferees urging that they work to defend internationally-sponsored terrorist at- spite the fact that his followers were in conference key Senate provisions tack of February 26, 1993 against the known to have been involved in the as- dealing with international terrorism. New York World Trade Center, and the sassination of Anwar Sadat. These included authority to exclude second was the domestic terrorist at- It is urgent that we pass this provi- from the United States members of ter- tack just a year ago on April 19 in sion. Every day in this country Amer- rorist groups and authority to prohibit Oklahoma City. ican lives are put at risk out of def- terrorist fundraising within the United I first introduced the Terrorist Ex- erence to some imagined first amend- States, both of which were indeed re- clusion Act in the House three years ment rights of foreign terrorists. This tained in this final conference report. ago, and last year I reintroduced the is an extreme misinterpretation of our Mr. President, I am pleased to sup- legislation in the Senate with Senator cherished Bill of Rights, which the port this conference report, and I BROWN as my original cosponsor. The founders of our nation intended to pro- heartily congratulate our conferees for Terrorist Exclusion Act will close a tect the liberties of all Americans. preserving these provisions. In fact, dangerous loophole in our visa laws In my reading of the U.S. Constitu- they went even further, and have given which was created by the Immigration tion, I see much about the protection us a strong, positive antiterrorism bill Reform Act of 1990. With its rewrite of of the safety and welfare of Americans, that deserves our wholehearted sup- the McCarran-Walters Act, Congress but nothing about protecting the port. eliminated then-existing authority to rights of foreign terrorists to travel This legislation contains a broad deny a U.S. visa to a known member of freely to the United States whenever range of needed changes in the law that a violent terrorist organization. they choose. will enhance our country’s ability to The new standards required knowl- The second of my bills contained in combat terrorism, both at home and edge that the individual had been per- S. 735 is the Law Enforcement and In- from abroad. The managers of this bill sonally involved in a past terrorist act telligence Sources Protection Act. This have described its provisions in some or was coming to the United States to legislation would significantly increase detail, so I will not repeat their com- conduct such an act. This provision the ability of law enforcement and in- ments. Briefly, however, this bill would will restore the previous standard al- telligence agencies to share informa- increase penalties: For conspiracies in- lowing denial of a U.S. visa for mem- tion with the State Department for the volving explosives, for terrorist con- bership in a terrorist group. purpose of denying visas to known ter- spiracies, for terrorist crimes, for I discovered this dangerous weakness rorists, drug traffickers, and others in- transferring explosives, for using ex- in our visa laws in early 1993 during my volved in international criminal activi- plosives, and for other crimes related investigation of the State Department ties. to terrorist acts. failures that allowed the radical Egyp- This provision would permit a U.S. The bill also includes provisions to tian cleric, Sheikh Omar Abdel visa to be denied for law enforcement combat international terrorism, to re- Rahman, to travel to, and reside in, the purposes without a detailed written ex- move from the United States aliens United States since 1990. I undertook planation, which current law requires. April 16, 1996 CONGRESSIONAL RECORD — SENATE S3381 These denials could be made citing U.S. Mr. HATCH. I suggest the absence of The result was announced—yeas 50, law generically, without further clari- a quorum. nays 46, as follows: fication or amplification. Individuals The PRESIDING OFFICER. The The result was announced—yeas 50, who are denied visas due to the sus- clerk will call the roll. nays 46, as follows: picion that they are intending to immi- The bill clerk proceeded to call the [Rollcall Vote No. 62 Leg.] roll. grate to the U.S. would still have to be YEAS—50 informed that this is the basis, and Mr. HATCH. Mr. President, I ask unanimous consent that the order for Abraham Faircloth Lugar they would then be allowed to compile Ashcroft Feingold McCain additional information that may the quorum call be rescinded. Bennett Frist McConnell change that determination. The PRESIDING OFFICER. Without Bond Gorton Nickles Under a provision of the Immigration objection, it is so ordered. Brown Gramm Pressler Burns Grams Roth and Nationality Act, a precise written The Senator from Utah. Mr. HATCH. Mr. President, what is Campbell Grassley Santorum justification, citing the specific provi- Chafee Gregg Shelby sion of law, is required for every alien the pending business? Coats Hatch Simpson The PRESIDING OFFICER. The denied a U.S. visa. This requirement Cochran Helms Smith pending business is the motion to re- Cohen Hutchison Snowe was inserted into the INA out of the commit, by the Senator from Dela- Coverdell Inhofe Stevens belief that every non-American denied Craig Jeffords Thomas ware. a U.S.-visa for any reason had the right D’Amato Kassebaum Thompson Mr. HATCH. Mr. President, I move to to know the precise grounds under DeWine Kempthorne Thurmond table the motion and ask for the yeas Dole Kyl Warner which the visa was denied, even if it and nays. Domenici Lott was for terrorist activity, narcotics The PRESIDING OFFICER. Is there a NAYS—46 trafficking, or other illegal acts. This sufficient second? Akaka Ford Mikulski has impeded the willing- ness of law en- There is a sufficient second. Baucus Glenn Moseley-Braun forcement and intelligence agencies to The yeas and nays were ordered. Biden Graham Moynihan share with the State Department the Mr. BIDEN. Mr. President, I suggest Bingaman Harkin Nunn names of excludable aliens. Boxer Heflin Pell the absence of a quorum. Bradley Hollings Pryor These agencies are logically con- The PRESIDING OFFICER. The ab- Breaux Inouye Reid cerned about revealing sources or com- sence of a quorum has been noted. The Bryan Johnston Robb promising an investigation by submit- clerk will call the roll. Bumpers Kennedy Rockefeller ting the names of people known to be The bill clerk proceeded to call the Byrd Kerrey Sarbanes Conrad Kerry Simon terrorists or criminals—but who do not roll. Daschle Kohl Specter know that they are under investigation Mr. HATCH. Mr. President, I ask Dodd Lautenberg Wellstone by U.S. officials—if that information is unanimous consent that the order for Dorgan Leahy Wyden the quorum call be rescinded. Exon Levin then revealed to a visa applicant, as Feinstein Lieberman current law requires. This is informa- The PRESIDING OFFICER. Without tion the United States should be able objection, it is so ordered. NOT VOTING—4 to protect until a case is completed UNANIMOUS-CONSENT AGREEMENT Hatfield Murkowski and, hopefully, law enforcement action Mr. HATCH. Mr. President, I ask Mack Murray is taken. But for the protection of the unanimous consent that during the So the motion to lay on the table the American people we should also make consideration of the conference report motion to recommit was agreed to. this information available to the De- to accompany the terrorist bill, the Mr. HATCH. I move to reconsider the partment of State to keep these indi- time on the conference report be lim- vote. viduals out of our country. ited to 20 minutes equally divided in Mr. LOTT. I move to lay that motion Mr. President, I again congratulate the usual form, and all motions to re- on the table. Chairman HATCH, and all of the other commit be limited to the following The motion to lay on the table was Senate conferees on this bill for their time restraints; that they be relevant agreed to. achievements in negotiations with the in subject matter of the conference re- f House. Obviously, there were some port or Senate- or House-passed bills Senate provisions that had strong bi- and that they not be subject to amend- MORNING BUSINESS partisan support in this body that I re- ments: 30 minutes equally divided in Mr. LOTT. Mr. President, I ask that gret could not be sustained in con- the usual form on each motion. there now be a period for the trans- ference. But I urge my colleagues to I further ask unanimous consent that action of routine morning business concentrate on the very substantial following the disposition of all motions with Senators permitted to speak and important achievements of this to recommit, if defeated or tabled, the therein for up to 5 minutes each. conference report, and I urge broad bi- Senate proceed to vote on adoption of The PRESIDING OFFICER. Without partisan support for its adoption. the conference report, all without any objection, it is ordered. intervening action or debate. Mr. HATCH. Mr. President, I suggest f the absence of a quorum. The PRESIDING OFFICER. Is there The PRESIDING OFFICER. The objection to the unanimous consent re- NORDY HOFFMAN: A TRIBUTE quest? Without objection, it is so or- clerk will call the roll. Mr. HOLLINGS. Mr. President, I dered. Mr. CHAFEE. I wonder if the Senator would like to pay my respects to a dear might yield for a question before the The question is on agreeing to the motion to lay on the table the Biden friend, F. Nordhoff Hoffman, who died quorum call. on Friday, April 5, 1996. Nordy Hoffman The PRESIDING OFFICER. Will the motion to recommit. was a truly good man. He was a big Senator withhold his quorum call? The yeas and nays have been ordered. Mr. HATCH. Yes. I am happy to. The clerk will call the roll. man with a big faith—faith in his Mr. CHAFEE. I am a little confused Mr. LOTT. I announce that the Sen- church, faith in his beloved alma mater why we do not vote on this motion ator from Oregon [Mr. HATFIELD] and Notre Dame, faith in his wonderful right now. Everybody is familiar with the Senator from Florida [Mr. MACK] family and, perhaps most importantly, the issue. are necessarily absent. faith in his fellow men and women. Mr. HATCH. I think we are but the I further announce that the Senator In the early 1970’s, I had the honor of majority leader asked me to put the from Alaska [Mr. MURKOWSKI], is ab- serving as chairman of the Democratic quorum call. sent due to death in the family. Senatorial Campaign Committee while Mr. CHAFEE. Could I safely say that, I further announce that, if present Nordy was the executive director. He if things go right, we are going to vote and voting, the Senator from Alaska, was excellent in that capacity, as he in a very few minutes? [Mr. MURKOWSKI] would vote ‘‘yea.’’ was in all of the endeavors he under- Mr. HATCH. I hope so. I think so. Mr. FORD. I announce that the Sen- took. The PRESIDING OFFICER. Is there ator from Washington [Mrs. MURRAY] As Senate Sergeant-at-Arms, Nordy further debate on the motion? is necessarily absent. showed his talents to their fullest. He S3382 CONGRESSIONAL RECORD — SENATE April 16, 1996 drew upon his experience with the this month not only to try to build June 12, 1995, marked a great public as steelworkers Union, his military back- American business, but also to aid in well as personal tragedy. ground and his political acumen to pro- the reconstruction of Bosnia. He made At this point, this tribute becomes a vide a rare style of leadership. Not only the ultimate sacrifice for these goals, little difficult for me. First, Wayne was he an excellent organizer with an giving his life in service to his country. Steen is someone I’ve known and aptitude for strategy, he related well Ron Brown’s career also leaves us worked with for many years, someone to his co-workers and especially to his with an example of racial leadership, I’m proud to call a friend. And second, employees. having been the first African-American Wayne fell victim to a medical condi- Following his Senate service, Nordy to chair the Democratic Party and the tion that I was lucky to survive with- founded and maintained a political first African-American Secretary of out any long-term disability. Wayne consulting firm, F. Nordy Hoffman and Commerce. His guidance was apparent was not as lucky, and it is hard to rec- Associates. in the way he closed divisions within oncile my good fortune with the chal- Nordy was a man who demonstrated the Democratic Party and in the way lenge he and his family continue to his commitment to organizations and he brought together diverse individuals face every day. issues that he cared about. He was an at the Commerce Department. Ron On that date last June, Wayne was in involved member of the Notre Dame Brown provided a real life role model command of a group of firefighters at University community in several ca- for aspiring young Americans as some- the scene of a fatal traffic accident. pacities. In his undergraduate years, he one who rose to the highest levels of While on duty, he fell victim to the was an All-American guard with the government, and who was admired and sudden strike of a brain aneurysm, championship football team, coached respected by those who knew him and which left him in a coma. When I went by Knute Rockne--Nordy was later in- knew of his contributions to the well- to see Wayne in the hospital, there ducted into the College Football Hall being of his nation. seemed to be little doubt that his con- of Fame in 1978. The loss of Ron Brown is tragic to dition would do anything but worsen. Nordy’s deep love of Notre Dame con- America. His leadership will be sorely He was 41 years old. tinued through the years. He served as missed. My deepest condolences go to With medical care, the support of his president of the Alumni Association the Brown family and the families of family and friends, and, I have abso- and as a member of the Board. Several all the other Americans who lost their lutely no doubt, by some force of his years ago, the F. Nordy Hoffman schol- lives in this terrible tragedy. own will that no mere physical condi- arship was established. The funds are f tion could defeat, Wayne’s condition used to aid young men and women who was stabilized, and he was able to leave TRIBUTE TO WAYNE A. STEEN, SR. that hospital room where I saw him suffer financial reversals during their Mr. BIDEN. Mr. President, today, I last summer. But still the struggle had time at Notre Dame. would like to offer a tribute to one of Nordy also was an active member of just begun, and it will be a lifelong bat- the outstanding citizens of my State, tle for Wayne and for the family and the board of directors of the Stone one of those citizens who truly rep- friends who fight by his side. Ridge School in Bethesda, the board of resents the best not only of Delaware It is tempting to describe Wayne regents of the Center for Congressional but of America—the best of our herit- Steen as a fallen hero, but I do not and Governmental Relations at Catho- age and our hope, the best of our na- think it would be right to do so. lic University, and the board of direc- tional spirit of community. Certainly, he is a hero, and had tors of the credit union here in the U.S. It will surprise no one to learn that earned the right to be thought of as Senate. In addition, he gave unstinting the citizen I’m describing is a volun- such long before last June. His fire support to numerous local charities. teer firefighter. service career was, in fact, as good a Nordy spent his life in service to his Wayne A. Steen, Sr., joined the Mill living definition of citizen-heroism as fellow Americans. Those of us who Creek Fire Co. on October 2, 1967, as a we are likely to find, and we should— were privileged to have known and member of its youth division, Explorer and must—honor such service always. worked with him saw this day after Post 921. In the course of his 4 years of But Wayne Steen is not fallen, be- day. He truly made a difference and membership, Wayne served as both cause he has stood too tall, and he has there can be no higher tribute. president and chief of the post. elevated us all too much. Wayne Steen Peatsy and I and the staff join in On September 22, 1971, just a few days devoted much of his spirit—as well as heartfelt condolences to Nordy’s wife passed his 18th birthday, Wayne Steen his time and his talents—to serving a Joanne and his entire family. became a full member of the Mill Creek great and essential ideal, and if some f Fire Co. For 20-plus years after, he part of his spirit has left this life, I served the company in virtually every TRIBUTE TO RONALD BROWN have no doubt that it has risen to a office and on virtually every commit- higher one. Wayne is not fallen because Mr. FEINGOLD. Mr. President, I rise tee, putting in more than a thousand he serves us still, as long as his exam- today to pay tribute to Ron Brown. hours and responding to about 600 fire ple of citizenship continues to call to Ron Brown had a remarkable career, and ambulance runs—those are not ca- the best in all of us. marked by his exceptional ability to reer totals; that’s 1,000 hours and 600 We honor leaders like Wayne Steen unify people from diverse backgrounds. runs per year—and earning three cita- best not with our words but when we As chairman of the Democratic Na- tions for heroism and leadership. continue their work, when we learn tional Committee, he used this talent In addition, Wayne Steen has served that they have given so much because to bring the party’s factions together. as a director of both the New Castle their purpose is so important to us all. Democrats and Republicans alike County and the Delaware State Fire And we honor them best when we rec- spoke with admiration of his aptitude Chiefs Associations, and he was long an ognize and fulfill our obligation to as a party leader. Ron Brown’s work to active member of the Delaware Valley those who put themselves at risk to bridge differences helped revitalize the regional association and the Inter- protect our families, our homes, and Democratic party and played an essen- national Society of Fire Service In- our communities—our obligation to tial role in building the support that structors. support them in their service and, led to President Clinton’s election. Wayne Steen’s fire service career rep- when tragedy strikes, in their need. We As Commerce Secretary, Ron Brown resents literally the best of the best— must be there for people like Wayne, also unified individuals from different exceptional leadership in a group of ex- who have always been there for us. walks of life to work for American ceptional leaders, exceptional citizen- Wayne’s family—especially his wife, business. His aggressive efforts travel- ship and commitment in a group de- Terry, and their children, Phillip, ing the world promoting American fined by active concern for neighbors Wayne, and Heather—have been there goods won him uncommon praise from and community, and by selfless dedica- for him in the way we would all hope to business leaders. It was his enthusias- tion to protect and promote the public support a loved one through such a tic devotion to this mission of cham- safety. traumatic ordeal. Their courage, dedi- pioning trade and economic develop- Because of Wayne’s extraordinary cation, and strength continue an in- ment that took him to Bosnia earlier community leadership and service, spiring family tradition. April 16, 1996 CONGRESSIONAL RECORD — SENATE S3383 The members of the Mill Creek Fire * * * to go there for a trial. But the Stefonowicz, Theresa Lang, Heidi Co., as well as the broader fire service Governments of America and the Brit- SMITH, and Heather Seim. community, have also kept their faith ish, [sic] they don’t want to solve this Finally, I want to honor the coaches with Wayne and with the Steen family, problem * * * . They have no proof [so] who have turned the Bison into the another great tradition—members of they avoid the trial.’’ Three assertions. dominant force in division II women’s the fire service always keep the faith. Three untruths. Three additions to the basketball. It’s no coincidence that There is no escaping that what hap- endless stream of lies and falsehoods is- Head Coach Amy Ruley has won her pened to Wayne Steen is a tragedy, the suing from the tyrant of Tripoli. fifth national championship, and I kind that cannot be explained, and I do A state which harbors outlaws must, know her players have the highest re- not want to minimize in any way the of necessity, remain an outlaw state. spect for her as a coach and as a per- depth of the loss or the difficulty of the The United States and the community son. Coach Ruley is assisted on the struggle. Our tears are more than justi- of civilized nations must keep stead- bench by Kelli Layman, Jill DeVries, fied. fast to our commitment to the rule of and Lynette Mund. Yet still, through our sadness and in law and our demand for justice for the As with last year, all but the two asking Americans to offer prayers and victims of Pan Am 103 and their fami- seniors will be returning for next good wishes in support of Wayne and lies. year’s season, so the Bison and all of us his family, I would also ask that we I thank the Chair and I yield the in North Dakota can look forward to not forget the immeasurable triumphs floor. another excellent season. But for now, of Wayne Steen’s life and spirit. Let us f it is more than enough to bask in the not forget the lessons he has taught us glow of winning yet another national NDSU WOMEN TRIUMPH FOR by his citizenship, let us not forget the championship. Congratulations to a FOURTH STRAIGHT YEAR purpose to which he sacrificed so much. wonderful team. Let us not forget the bond and obli- Mr. DORGAN. Mr. President, I want f gation we share as fellow citizens—let’s to pay special tribute today to the 1996 take care of each other more often, National Collegiate Athletic Associa- MESSAGES FROM THE PRESIDENT let’s work together better. Let’s re- tion’s Division II women’s national Messages from the President of the member how lucky we are. basketball champions, the North Da- United States were communicated to That’s what Wayne Steen would kota State University Bison. the Senate by Mr. Kalbaugh, one of his want, and we owe it to him. The Bison women’s accomplishments secretaries. are truly remarkable for any level of f EXECUTIVE MESSAGES REFERRED play. This year’s title marks their As in executive session the Presiding THE BAD DEBT BOXSCORE fourth straight national basketball Officer laid before the Senate messages Mr. HELMS. Mr. President, a lot of championship and their fifth title in from the President of the United folks don’t have the slightest idea the last 6 years. States submitting sundry nominations about the enormity of the Federal Many thought they could not im- which were referred to the appropriate debt. Occasionally, I ask friends, how prove upon last year’s season, when the committees. many millions of dollars are there in a Bison finished their season undefeated. (The nominations received today are trillion? They think about it, voice While they didn’t quite reach that printed at the end of the Senate pro- some estimates, most of them wrong. goal, they had 2 losses this year, they ceedings.) One thing they do know is that it was did break their own record from last the U.S. Congress that ran up the enor- year for most points scored in the f mous Federal debt that is now over $5 championship game. This year, they MESSAGES FROM THE HOUSE trillion. scored 104 points against Shippensburg, To be exact, as of the close of busi- PA, in the title game. They also ex- At 10:20 a.m., a message from the ness Monday, April 15, the total Fed- tended their homecourt winning streak House of Representatives, delivered by eral debt—down to the penny—stood at to 43 games. Mr. Hays, one of its reading clerks, an- $5,140,011,407,773.15. That’s $5 trillion, Their outstanding team accomplish- nounced that the House has agreed to 140 billion plus. Another sad statistic is ments throughout the year were aided the following resolution, without that on a per capita basis, every man, by some notable individual accomplish- amendment: woman and child in America owes ments. I want to especially congratu- S. Con. Res. 51. Concurrent resolution to $19,422.38. late the team’s two seniors, Lori Roufs provide for the approval of final regulations and Jenni Rademacher, for their that are applicable to employing offices that So Mr. President, how many million are not employing offices of the House of are there in a trillion? There are a mil- achievements throughout their careers Representatives or the Senate, and to cov- lion-million in a trillion, which means at NDSU. Not too many college ath- ered employees who are not employees of the that the Federal Government owes letes close out their collegiate careers House of Representatives or the Senate, and more than $5 million-million. with not one, not two, not three, but that were issued by the Office of Compliance Sort of boggles the mind, doesn’t it? four national championship rings. That on January 22, 1996, and for other purposes. f they added the fourth is due in no The message also announced that small part to their leadership this pursuant to the provisions of Public THE TYRANT OF TRIPOLI year. Law 86–380, the Speaker appoints the Mr. MOYNIHAN. Mr. President, on Lori and Jenni each scored 1,000 following Member on the part of the December 21, 1995, I rose on the Senate points during their years at NDSU. And House to the Advisory Commission on floor to note the seventh anniversary they earned the additional honor of Intergovernmental Relations: Mr. of the bombing of Pan Am flight 103 being named to the 1996 Elite 8 All- PAYNE of New Jersey. over Lockerbie, Scotland—an out- Tournament team. rageous act of international terrorism I also cannot overlook the individual At 4:52 p.m. a message from the which claimed the lives of 270 innocent accomplishments of junior Kasey House of Representatives, delivered by people. Seven long years have passed, Morlock, who was named Most Out- Ms. Goetz, one of its reading clerks, an- but still the victims’ families have no standing Player of the tournament for nounced that the House agrees to the solace that the alleged masterminds of the second year in a row. resolution (H. Res. 402) returning to the this evil act will ever be brought to But a basketball team needs hard Senate the bill (S. 1463) to amend the justice because the Libyan Government work and contributions from all of its Trade Act of 1974 to clarify the defini- refuses to extradite them. players if it is to reach its league’s pin- tions of domestic industry and like ar- Yesterday, in an interview with nacle. The Bison certainly got that ticles in certain investigations involv- Gayle Young of the Cable News Net- from juniors Rhonda Birch and Andrea ing perishable agricultural products, work, Libyan dictator Muhammar Kelly, sophomores Rachael Otto and and for other purposes, in the opinion Qadafi attempted to justify his posi- Amy Ornell, and freshmen Tanya of this House, contravenes the first tion: ‘‘We are ready [for] these suspects Fischer, Molly Reif, Brenna clause of the seventh section of the S3384 CONGRESSIONAL RECORD — SENATE April 16, 1996 first article of the Constitution of the the Executive Office of the President, trans- of the first-time farmer exception; to the United States and is an infringement of mitting, pursuant to law, the report on ap- Committee on Finance. the privileges of this House and that propriations legislation within five days of By Mr. GRAMM (for himself, Mr. such bill be respectfully returned with enactment; to the Committee on the Budget. BIDEN, Mrs. HUTCHISON, and Mr. EC–2214. A communication from the Direc- FAIRCLOTH): a message communicating this resolu- tor of the Office of Management and Budget, S. 1675. A bill to provide for the nationwide tion. the Executive Office of the President, trans- tracking of convicted sexual predators, and f mitting, pursuant to law, the report on ap- for other purposes; to the Committee on the propriations legislation within five days of Judiciary. MEASURE PLACED ON THE enactment; to the Committee on the Budget. By Mr. FAIRCLOTH (for himself and CALENDAR EC–2215. A communication from the Dep- Mr. HELMS): The following measure was read the uty Associate Director for Compliance, Roy- S. 1676. A bill to permit the current refund- alty Management Program, Minerals Man- second time and placed on the cal- ing of certain tax-exempt bonds; to the Com- agement Service, Department of the Inte- mittee on Finance. endar: rior, transmitting, pursuant to law, notice of By Mrs. BOXER: H.R. 3103. An act to amend the Internal the intention to make refunds of offshore S. 1677. A bill to amend the Immigration Revenue Code of 1986 to improve portability lease revenues where a refund or recoupment and Nationality Act to establish the United and continuity of health insurance coverage is appropriate; to the Committee on Energy States Citizenship Promotion Agency within in the group and individual markets, to com- and Natural Resources. the Immigration and Naturalization Service, bat waste, fraud, and abuse in health insur- EC–2216. A communication from the Com- and for other purposes; to the Committee on ance and health care delivery, to promote missioner of Reclamation, Department of the Judiciary. the use of medical savings accounts, to im- the Interior, transmitting, a report of an By Mr. GRAMS (for himself, Mr. prove access to long-term care services and overrun of projected cost for Ochoco Dam, FAIRCLOTH, Mr. ABRAHAM, and Mr. coverage, to simplify the administration of Crooked River Project, Oregon; to the Com- STEVENS): health insurance, and for other purposes. mittee on Energy and Natural Resources. S. 1678. A bill to abolish the Department of f EC–2217. A communication from the Chair- Energy, and for other purposes; to the Com- man of the International Trade Commission, mittee on Energy and Natural Resources. EXECUTIVE AND OTHER transmitting, a draft of proposed legislation COMMUNICATIONS to provide authorization of appropriations f for the United States International Trade The following communications were Commission for fiscal year 1997; to the Com- laid before the Senate, together with mittee on Finance. SUBMISSION OF CONCURRENT AND accompanying papers, reports, and doc- EC–2218. A communication from the Chair- SENATE RESOLUTIONS man of the Physician Payment Review Com- uments, which were referred as indi- The following concurrent resolutions cated: mission, transmitting, pursuant to law, the annual report for calendar year 1996; to the and Senate resolutions were read, and EC–2205. A communication from the Chair- Committee on Finance. referred (or acted upon), as indicated: man and the Finance Committee Chairman, transmitting jointly, the revised budget re- f By Mr. ROBB: S. Res. 243. A resolution to designate the quest and supplemental appropriation re- REPORTS OF COMMITTEES quest for fiscal year 1996; to the Committee week of May 5, 1996, as ‘‘National Correc- ″ on Appropriations. The following reports of committees tional Officers and Employees Week ; to the EC–2206. A communication from the Under were submitted: Committee on the Judiciary. By Mr. FORD (for himself and Mr. Secretary of Defense (Acquisition and Tech- By Mr. CHAFEE, from the Committee on MCCONNELL): nology), transmitting, pursuant to law, the Environment and Public Works, with an Selected Acquisition Reports for the period S. Res. 244. A resolution to commend and amendment in the nature of a substitute: congratulate the University of Kentucky on October 1 through December 31, 1995; to the H.R. 1743. A bill to amend the Water Re- its men’s basketball team winning its sixth Committee on Armed Services. sources Research Act of 1984 to extend the National Collegiate Athletic Association EC–2207. A communication from the Acting authorizations of appropriations through fis- championship; considered and agreed to. Assistant Secretary of State (Legislative Af- cal year 2000, and for other purposes (Rept. By Mr. LOTT (for Mr. DOLE): fairs), transmitting, pursuant to law, the re- No. 104–252). S. Res. 245. A resolution making majority port under the Chemical and Biological By Mr. CHAFEE, from the Committee on party appointments to the Labor and Human Weapons Control and Warfare Elimination Environment and Public Works, without Resources Committee; considered and agreed Act for the period February 1, 1995 through amendment: to. January 31, 1996; to the Committee on For- H.R. 2243. A bill to amend the Trinity eign Relations. River Basin Fish and Wildlife Management EC–2208. A communication from the Chair- Act of 1984, to extend for three years the f man of the Board of Governors of the Federal availability of moneys for the restoration of Reserve System, transmitting, pursuant to fish and wildlife in the Trinity River, and for STATEMENTS ON INTRODUCED law, the report on finance charges under the other purposes (Rept. No. 104–253). BILLS AND JOINT RESOLUTIONS Truth in Lending Act; to the Committee on f Banking, Housing, and Urban Affairs. By Mr. THURMOND (for himself EC–2209. A communication from the Chair- INTRODUCTION OF BILLS AND and Mr. NUNN) (by request): man of the National Credit Union Adminis- JOINT RESOLUTIONS S. 1672. A bill to make various tration, transmitting, pursuant to law, the The following bills and joint resolu- changes to laws affecting the manage- annual report for calendar year 1995; to the tions were introduced, read the first ment and operations of the Department Committee on Banking, Housing, and Urban of Defense, and for other purposes; to Affairs. and second time by unanimous con- EC–2210. A communication from the Chair- sent, and referred as indicated: the Committee on Armed Services. man of the Federal Financial Institutions By Mr. THURMOND (for himself and DEPARTMENT OF DEFENSE LEGISLATION Examination Council, transmitting, pursu- Mr. NUNN) (by request): Mr. THURMOND. Mr. President, by ant to law, the annual report for calendar S. 1672. A bill to make various changes to request, for myself and the senior Sen- year 1995; to the Committee on Banking, laws affecting the management and oper- ator from Georgia [Mr. NUNN], I intro- Housing, and Urban Affairs. ations of the Department of Defense, and for duce, for appropriate reference, a bill EC–2211. A communication from the Direc- other purposes; to the Committee on Armed tor of the Office of Management and Budget, Services. to make various changes to laws affect- the Executive Office of the President, trans- S. 1673. A bill to authorize appropriations ing the management and operations of mitting, pursuant to law, the report on ap- for Fiscal Year 1997 for military activities of the Department of Defense, and for propriations legislation within five days of the Department of Defense, to prescribe other purposes. enactment; to the Committee on the Budget. military personnel strengths for Fiscal Year I ask unanimous consent that a let- EC–2212. A communication from the Direc- 1997, to authorize certain construction at ter of transmittal requesting consider- tor of the Office of Management and Budget, military installations for Fiscal Year 1997, ation of the legislation and a section- the Executive Office of the President, trans- and for other purposes; to the Committee on by-section analysis explaining its pur- mitting, pursuant to law, the report on ap- Armed Services. propriations legislation within five days of By Mr. GRASSLEY (for himself, Mr. pose be printed in the RECORD. enactment; to the Committee on the Budget. PRESSLER, and Mr. BAUCUS): There being no objection, the mate- EC–2213. A communication from the Direc- S. 1674. A bill to amend the Internal Reve- rial was ordered to be printed in the tor of the Office of Management and Budget, nue Code of 1986 to expand the applicability RECORD, as follows: April 16, 1996 CONGRESSIONAL RECORD — SENATE S3385

GENERAL COUNSEL OF by changes in officer requirements that have ists. The primary reporting requirements of THE DEPARTMENT OF DEFENSE, occurred since the tables were implemented section 1352 were rescinded by section 10 of Washington, DC, April 15, 1996. in 1980. Principal among these are field grade the Lobbying Disclosure Act of 1995. The sole Hon. ALBERT GORE, Jr., requirements generated by the Goldwater- reporting requirement which remains is of President of the Senate, Nichols and Defense Acquisition Workforce no practical use. In addition, the restriction Washington, DC. Improvement Acts. Further, other DOPMA against the use of appropriated funds in sec- DEAR MR. PRESIDENT: The Department of constraints on promotion timing and career tion 1352 is unnecessary insofar as sections Defense proposes the enclosed legislation, opportunity have, when coupled with the 911 and 1534 of the National Defense Author- ‘‘To make various changes to laws affecting force reductions since FY 1987, limited the ization Act for FY 1986 will remain in effect the management and operations of the De- Services’ abilities to comply with overall if section 1352 is repealed. partment of Defense, and for other pur- statutory requirements for officer career Retention of Section 1352 places an unrea- poses.’’ This proposal is part of the Depart- management. sonable dual burden on contractors and ment of Defense legislative program for the Section 3. This proposal will provide great- grantees and is contrary to the goals of ac- 104th Congress. er flexibility, cost effectiveness, and effi- quisition reform and simplification. Section The proposal would make changes in au- ciency in promoting the acceptance of new 1352 no longer serves a useful purpose for thorities relating to use of Warsaw Initiative technologies necessary to meet Department contracting and grants officers and rep- funds for the Regional Airspace Initiative of Defense (DoD) environmental require- resents extra unnecessary costs of compli- and the Partnership for Peace information ments. The proposal will reduce the fre- ance for both government and industry. Section 7. This provision would adopt sev- management system, limitations of grades of quency and variety of locations required to eral refinements to the Third Party Collec- officers on active duty in the military, the demonstrate environmental technologies in tion Program under which military medical use of certain Reservists in Presidential call- order to obtain regulatory approval. Early involvement of regulatory agencies in a sub- facilities collect from third party payers for ups, the use of appropriated funds to influ- health care services provided to beneficiaries ence certain Federal contracting and finan- stantive manner will improve efficiency and avoid repetitive data collection efforts. who are also covered by the third party pay- cial transactions, and refinements to third ers’ plans, and to the related CHAMPUS party collection and CHAMPUS double cov- Section 4. Because Haiti no longer has a military, it is not eligible under current law Double Coverage Program, under which erage programs. It would address the tax CHAMPUS is secondary payer to other treatment of transfers of Department of De- to purchase defense articles and defense services from the Department of Defense health plans that also cover CHAMPUS bene- fense owned utility systems. It also would ficiaries. authorize an increase in the penalties for under the Foreign Military Sales (FMS) pro- gram. The proposed legislation is designed to For the Third Party Collection Program, certain traffic offenses on Federal property. the section would make three changes. First It would streamline and simplify child sup- make Haiti eligible for such assistance. FMS sales will facilitate U.S. assistance in devel- it would clarify that the rule under which re- port and alimony garnishment processing. ceipts are credited to the appropriation sup- The bill has a provision that would authorize oping and equipping civilian-led law enforce- ment and maritime institutions. Currently, porting the facility also applies in connec- an aviation and vessel war risk insurance tion with services provided through the facil- Haiti is developing a maritime law enforce- program and an extension authority for the ity, in addition to services provided ‘‘by’’ the ment entity for refugee and contraband con- Weapons of Mass Destruction Act of 1992. facility. This conforms the receipts provision trol and would be hindered by a lack of spare The Department also requests that the to the overall scope of the Third Party Col- parts and equipment. FMS cash sales rep- Congress continue to consider for enactment lection authority. Second, it would clarify resent the most efficient manner for the the proposed legislation transmitted last that workers’ compensation programs and Government of Haiti to acquire the equip- year in the Administration’s acquisition re- plans are included as third party payers ment needed to support these missions and form proposals that would repeal the re- under the program. These plans should not would complement IMET training the U.S. quirement for recoupment by the Govern- enjoy a windfall in cases in which their bene- Government intends to provide Haiti in mar- ment of certain charges for products sold ficiaries, for whom they have collected pre- itime skills. It would extend the United through the Foreign Military Sales program. miums, happen to receive care in military States’ ability to exert a positive influence The Office of Management and Budget ad- facilities. Third, it would codify a provision over the Haitian National Police and Coast vises that there is no objection, from the in the DoD Third Party Collection Program Guard. standpoint of the Administration’s program, regulation (32 CFR 220.12(i)) that, similar to to the submission of this proposal to the Section 5. This section would authorize the Secretary of Defense to participate in the other no-fault automobile coverage, the pro- Congress. gram includes personal injury protection or Sincerely, Foundation Geneva Centre for Security Pol- icy, established in 1986, whose purpose is to medical payments benefits in cases involving JUDITH A. MILLER. personal injuries resulting from operation of Enclosures. actively promote the building and keeping of peace, security and stability in Europe and a motor vehicle. For the CHAMPUS Double Coverage Pro- SECTIONAL ANALYSIS in the world. To this end, the Centre (1) con- gram, the section would integrate the scope Section 1. The Department of Defense ducts international training courses in secu- of third party payer coverage between the lacks the legal authority to use DoD funds to rity policy, (2) carries out research in secu- Third Party Collection Program and the provide foreign assistance to any foreign rity policy and stability and (3) organizes CHAMPUS Double Coverage Program. This country unless such assistance is expressly conferences and seminars concerning secu- authorized by law. Therefore, funds appro- will assure consistency in third party payer rity issues. Unlike the Marshall Center, an responsibilities relating to the Military priated to the Department of Defense for PfP institution chartered by the Secretary of De- can only be used for activities which DoD Health Services System, regardless of wheth- fense and operated under the direction of the er their insured or covered beneficiaries re- can legally perform under existing law, such Commander-in-Chief European Command, ceive care in military treatment facilities or as to support Partner participation in exer- the Foundation Geneva Centre for Security under CHAMPUS. cises under the authority of 10 U.S.C. 2010. Policy was established by the Federal Mili- These refinements are consistent with the Since the RAI and PIMS do not fall within tary Department of Switzerland. Con- long-standing Congressional policy of con- the narrow confines of exercise support, the sequently, the role of the United States will taining health care spending by assuring additional authority along the lines of the be participatory, limited to attendance by that third party payers, who generally have section above is necessary to support the Re- DoD personnel at conferences and seminars collected full premiums for coverage of in- gional Airspace Initiative and the PfP and the making available of an instructor as sured persons who are also DoD bene- Informanagement System. well as liaison personnel to help organize the ficiaries, do not shift their costs on to the It is Department of Defense policy to as- various activities of the Centre. Federal taxpayers. sure mission support utility service at the Section 6. This proposal would repeal sec- Section 8. Under section 118(b) of the Inter- lowest life-cycle cost. This could include the tion 1352 of title 31, United States Code, enti- nal Revenue Code, these transfers are a con- privatization of existing defense utility sys- tled ‘‘Limitation on Use of Appropriated tribution-in-aid of construction (CIAC), and tems. In many instances, the Department of Funds to Influence Certain Federal Contract- subject to a tax based on their fair market Defense is required to make an up-front cash ing and Financial Transactions’’ in its en- values. By rulings of the Public Utility Com- contribution to the utility company for up- tirety. This section was originally estab- missions in the various States, this tax must graded environmental compliance or addi- lished to prevent the use of appropriated be paid by the utility customer, in this case tional capacity to effect the transfer of prop- funds for lobbying and requires extensive re- the Department of Defense, which created erty title. porting and certifications by contractors and the tax liability and which cannot be built Section 2. This section would modify sec- grantees of covered lobbying activities of the into the general rate base for all utility cus- tion 523 of title 10 to raise the grade ceilings Executive Branch and Congress. tomers. of active duty Army, Air Force and Marine The provisions contained in section 1352 To effect the transfer of Department of De- Corps majors, lieutenant colonels, and colo- have been rendered duplicative by the Lob- fense owned utility systems, a utility com- nels, and active duty Navy lieutenant com- bying Disclosure Act of 1995 (Public Law 104– pany is obligated to impose a charge on the manders, commanders, and captains relative 65). This new Act requires reporting of lobby- Department of Defense equal to the CIAC tax to the total number of commissioned officers ing activities directly to Congress and addi- which must be paid from Defense Appropria- on active duty. The revision is driven largely tionally requires the registration of lobby- tions for Base Operations and Maintenance. S3386 CONGRESSIONAL RECORD — SENATE April 16, 1996 In summary, the consideration of Depart- night. A Social Security Number is the one (4) Naval Education and Training Center ment of Defense cash or real property trans- identifier that is unique and permanent. Re- Newport, Rhode Island: The EPA Region I as- fers as a CIAC to a utility and subject to fed- quiring use of the Social Security Number sessed a $260,000 penalty for non-compliance eral tax merely results in a ‘‘pass-through’’ will enhance the ability of an agency to with the March, 1992 Federal Facility Agree- from Department of Defense appropriations make a correct identification of the person ment (FFA) for Naval Education and Train- through the utility company to the United responsible for support payments and expe- ing Center, Newport, Rhode Island. The pen- States Treasury with no-net-revenue-gain to dite the processing of the order. alty was for failure to submit complete draft the Federal Government. Section 11. Section 334 of the National De- Remedial Investigation (RI) reports for The proposed exemption will conserve fense Authorization Act for Fiscal Years 1992 McAllister Point Landfill and Old Fire scarce Department of Defense Base Oper- and 1993 requires that draft final remedial in- Fighting Training Area. The reports, as sub- ation and Maintenance funds, eliminate a vestigations and feasibility studies (RI/FS) mitted to EPA, were incomplete, because no-net-revenue-gain to the Federal Treasury, be completed within 24 months (for BRAC 88 they did not contain ecological risk assess- and reduce the administrative burden of en- installations) or 36 months (for BRAC 91 in- ments. The draft RI report for McAllister forcing this section of the Federal Tax Code. stallations) for installations on the NPL un- Point Landfill was submitted February 14, The proposal would permit the Department less the Secretary of Defense grants a dead- 1994 and the draft RI report for Old Fire of Defense to implement its privatization line extension The Secretary may grant such Fighting Training Area was submitted policy of divesting itself from ownership and extension only after consulting with the En- March 31, 1994. These dates were in accord- operation of utility systems without distort- vironmental Protection Agency (EPA) and ance with the FFA schedules. A draft report ing the economic analyses by unnecessary notifying Congress. containing ecological risk assessments for ‘‘added costs’’ to the government. The De- The provision does not help speed cleanups both sites was submitted May 30, 1994. On partment of Defense would get out of the or base closure or encourage greater involve- June 26, 1995, the Navy, EPA Region I and utility business in its entirety when it is ment by EPA and is of no value to the De- the State of Rhode Island agreed to a settle- proven to be cost effective to do so, and con- partment. The provision directs project man- ment wherein the Navy would pay $30,000 as centrate its shrinking resources on its train- agement resources for the periodic notifica- a cash penalty and also accomplish the fol- ing and war fighting mission. The proposal tion and formal consultation requirements. lowing actions: further would prevent the government from The formal consultation is unnecessary be- (1) arrange for a partnering session among taxing itself when transferring Department cause Federal Facility Agreements (FFAs) the parties and contribute $10,000 to such an of Defense property or paying a connection between DoD and EPA contain cleanup endeavor (completed August, 1995). fee to a utility entity by a Department of schedules negotiated and agreed to by both (2) removal of sandblast grit at the Defense installation. It would relieve local parties based on base closure and cleanup Derecktor Shipyard site at NETC; cost of the utility companies of the burden of having to goals and priorities. removal to be not less than $90,000 (com- account for a CIAC and re-bill the Depart- The provision requires burdensome infor- pleted September, 1995). ment of Defense for taxes on CIAC. Finally, mation gathering, coordination, and report- The Navy has included the $30,000 as part it would eliminate the need to the Depart- ing that is of no value to the Department. of the FY 1997 budget request. Because it is ment of Defense to program and budget for Elimination of the provision would result in already included in the budget request, no the payment of this tax which results in no- reduced red tape thereby expediting the adverse budget impact is anticipated by use net revenue-gain to the Federal Treasury. cleanup and transfer of closing bases. of the $30,000 to pay this penalty, but ena- Section 9. This provision would amend the Budget Impact: The amendment does not bling legislation is required. Act of June 1, 1948 (40 U.S.C. 318c) which au- impact environmental restoration budgeting (5) Lake City Army Ammunition Plant: The thorizes the Federal prosecution of a person requirements. Army violated a CERCLA-mandated Inter- who violates a regulation to control Federal Section 12. (1) Fort Riley: The U.S. Environ- agency Agreement with EPA Region VII and property promulgated by the Administrator mental Protection Agency (EPA) Region VII, the State of Missouri for failing to submit of the General Services Administration. Sec- assessed a $65,000 penalty against Fort Riley Area 18 and Northeast Corner Operable Unit tion 4 of the Act provides for a fine of not pursuant to the March 4, 1991, Federal Facili- Remedial Investigation Reports to EPA and more than $50 or imprisonment for not more ties Agreement which governs cleanup ac- Missouri according to an agreed-upon time than 30 days, or both. The penalties have not tivities at the installation. The penalty was schedule. been revised since enactment. This section due to the failure to submit the draft final Section 13. The purpose of this legislation would amend such section 4 to make the pen- Remedial Investigation (RI) report for the is to provide a means for rapid payment of alties in title 18, United States Code, appli- pesticide storage facility. The draft final RI claims and the rapid reimbursement of the cable to violations of regulations promul- was due on June 3, 1993, and was not submit- insurance funds to protect commercial car- gated pursuant to the Act. For example, sec- ted until July 19, 1993. On January 26, 1994, riers assisting the Executive Branch from tion 3571 of title 18 would establish the appli- Ft. Riley and EPA Region VII agreed to a catastrophic losses associated with the de- cable fines. settlement wherein the Army would pay struction or damage to aircraft or ships Section 10. This section amends section $34,000 as a cash penalty and $31,000 was miti- while supporting the national interests of 659(b) of title 42, United States Code, to de- gated through completion by April 9, 1994 of the United States. Allowing the Department lete the requirement for service by certified the following three on-site response actions of Defense to transfer any and all available mail, to require additional information to (removals): funds will allow the United States, in these identify the individual whose pay is subject (1) excavation of pesticide and metal con- two vital reinsurance programs, to match to legal process. taminated soils at Pesticide Storage Facil- standard commercial insurance practice for The current language of section 659(b) re- ity, the timely payment required by financial ar- quires the use of certified or registered mail (2) excavation of lead contaminated soils rangements common in the transportation or personal service. Personal service, as a from Colyer Manor Housing site, and industry today. Reporting and the require- practical matter, is rarely used. Requiring (3) placement of rock revetment along the ments for supplemental appropriations, if that service be made by certified or reg- Kansas River bank at the Southwest any, ensures Congressional oversight at all istered mail increases the likelihood the Funston Landfill site. stages. process will be rejected because many agen- The $31,000 cleanup project at the pesticide Subsections (a) and (b) of the proposed leg- cies often forget to send the orders by cer- storage facility has been completed. How- islation set forth the short title and the find- tified mail. This results in increased cost to ever, enabling legislation is required to pay ings and purposes, respectively. the government, extensive rework, and fur- the $34,000 cash penalty. Subsection (c) of the proposed legislation ther delays the implementation of a support The Army has included the $34,000 as part amends section 44305 of title 49, United order. The amending language expands the of the FY 1997 budget request. Because it is States Code, by adding a new subsection (c). existing language to include facsimile or already included in the budget request, no Subsection (c)(1) allows transfer of any electronic transmission, mail, and personal adverse budget impact is anticipated by use funds available to the Department of De- service. of the $34,000 to pay this penalty. fense, regardless of the purpose of those The amendment also amends section 659(b) (2) Massachusetts Military Reservation: The funds. Although other authorities may exist by adding the word ‘‘obligor’’ after the word Military Reservation violated the CERCLA- to transfer funds, limitations as to amounts ‘‘individual’’ in the sentence to clarify the mandated Interagency Agreement (42 U.S.C. and priorities make these authorities insuffi- intent of the statutory language and further 9620) with EPA Region I and the Common- cient to rapidly respond to the obligations of designate the person the process must iden- wealth of Massachusetts by failing to submit the Department of Defense under the current tify, and requires the obligor’s Social Secu- cleanup studies to EPA and Massachusetts law, especially if contingencies or war-time rity Number, whenever available, as an iden- according to an agreed-upon time schedule. conditions exist. Proposed language would tifier in order to assist the Government in (3)F.E. Warren Air Force Base: The Air Base not distinguish between types of insurance correctly identifying the proper person. Be- violated the CERCLA-mandated Interagency or risk, so long as the Federal Aviation Ad- cause of limitations in records that are Agreement (42 U.S.C. 9620) with EPA Region ministration had issued a policy covering the accessed to process these orders, the name, VIII and the State of Wyoming by failing to risk. The language would not limit the au- address, date of birth, and place of birth are adequately test potentially contaminated thority to a specific fiscal year, but would be generally insufficient to identify an individ- soil at a cleanup site, and by failing to prop- ongoing without need for reenactment peri- ual. Addresses can change virtually over- erly containerize such soil. odically by Congress. Such Congressional April 16, 1996 CONGRESSIONAL RECORD — SENATE S3387 oversight is already in place through the re- cies and practice require payment in less activities of the Department of De- authorization of the Aviation Insurance Pro- than 30 days when cause is not in issue, usu- fense, to prescribe military personnel gram, next scheduled to take place in 1997. ally within 72 hours. strengths for fiscal year 1997, to au- Subsection (c)(2) provides specific time If enacted, this legislation would not result thorize certain construction at mili- limits within which the Secretary of Defense in an increase in the budgetary requirements must pay claims and reimburse the Federal of the Department of Defense. tary installations for fiscal year 1997, Aviation Administration. Notification to Section 14. This proposal would modify sec- and for other purposes; to the Commit- Congress and the 30 day delay before transfer tion 12304 of title 10, United States Code, to tee on Armed Services. required in other statutes is waived. The provide authority to include up to 30,000 THE NATIONAL DEFENSE AUTHORIZATION ACT most important issue for the air carriers is members of the Individual Ready Reserve as FOR FISCAL YEAR 1997 the replace of the hull so that they may con- part of the 200,000 Reserve component mem- Mr. THURMOND. Mr. President, by tinue operations, including supporting the bers ordered to active duty involuntarily. request, for myself and the senior Sen- requesting agency, without idling crews or This would be done only when the President having to lay off personnel due to the lack of determines that it is necessary to augment ator from Georgia [Mr. NUNN], I intro- airframes. A longer time frame is provided the active forces for any operational mis- duce, for appropriate reference, ‘‘A bill for other claims, such as liability to third sion. This change would ensure the timely to authorize appropriations for fiscal parties, as normal claims procedures can availability of certain trained members of year 1997 for military activities of the adequately protect their interest. the Individual Ready Reserve [IRR] to fill re- Department of Defense, to prescribe Subsection (c)(3) requires reports to Con- quirements for selected skills in early mobi- military personnel strength for fiscal gress within 30 days of loss for amounts in lizing or deploying active and reserve units. excess of one million dollars, with periodic year 1997, to authorize certain con- This would preclude the need for cross-level- struction at military installations for updates to ensure Congress is aware of ing of personnel from later deploying units amounts being transferred and paid out to fill shortages in early deploying units. fiscal year 1997, and for other pur- under the chapter 443 program. As supple- Currently, members of the IRR cannot be or- poses.’’ I ask unanimous consent that a mental appropriations may be necessary, dered to active duty involuntarily until a na- letter of transmittal requesting consid- Congress will have sufficient information on tional emergency has been declared. eration of the legislation and a section- which to base a decision regarding the sup- Every military unit has vacancies caused by-section analysis explaining its pur- plemental appropriations. by individual schooling requirements, hos- pose by printed in the RECORD. Subsection (d) of the proposed legislation pitalizations, and transitioning personnel. amends section 1205 of the Merchant Marine There being no objection, the mate- Additional vacancies occur upon deployment rial was ordered to be printed in the Act, 1936, (46 App. U.S.C. § 1285) by adding a due to personal hardships, medical reasons, new subsection (c). and differences between peacetime and war- RECORD, as follows: Subsection (c)(1) authorizes the Secretary time manning. In the past, upon deployment, GENERAL COUNSEL OF of Defense to transfer funds available to the those vacancies have been filled by taking THE DEPARTMENT OF DEFENSE, Department to pay claims by contractors, trained personnel from later deploying units Washington, DC, April 5, 1996. for the damage or loss of vessels and death or or individual volunteers from the IRR. This Hon. ALBERT GORE, Jr., injury to personnel, insured pursuant to approach of fixing early deploying units at President of the Senate, Title XII of the Merchant Marine Act, 1936, the expense of units scheduled for later de- Washington, DC. or loss or damage associated therewith. Pro- ployment can create a risk with regard to DEAR MR. PRESIDENT: The Department of posed language would not distinguish be- readiness of the later deploying units, should Defense proposes the enclosed draft of legis- tween types of insurance or risk, so long as their deployment be required. As the force lation, ‘‘To authorize appropriations for Fis- the Maritime Administration had issued a becomes smaller, every unit in the Reserve cal Year 1997 for military activities of the policy covering the risk. The language would components becomes increasingly impor- Department of Defense, to prescribe military not limit the authority to a specific fiscal tant. Borrowing personnel from later deploy- personnel strengths for Fiscal Year 1997, and year, but would be ongoing without need for ing units is no longer an acceptable option. for other purposes.’’ reenactment periodically by Congress. Such The Army has documented the need for This legislative proposal is part of the De- Congressional oversight is already in place early access to members with specific skills, partment of Defense legislative program for through the reauthorization of the Vessel in specific grades, in the IRR to accommo- the 104th Congress and is needed to carry out War Risk Insurance Program, next scheduled date full-strength deployment of first-to- the President’s budget plans for Fiscal Year to take place before the 30 June 1995 expira- fight units. Since members of the IRR are in 1997. The Office of Management and Budget tion (46 App. U.S.C. § 1294). the Ready Reserve but not the Selected Re- advises that there is no objection to the Subsection (c)(2) provides specific time serve, currently they are not subject to in- presentation of this proposal to the Congress limits within which the Secretary of Defense voluntary call-up under the provisions of the and that its enactment would be in accord must reimburse the Secretary of Transpor- section 12304 being amended (Presidential with the program of the President. tation. Selected Reserve Call-up) and are therefore This bill provides management authority Subsection (c)(3) requires reports to Con- not available for filling early deploying unit for the Department of Defense in Fiscal Year gress on a periodic basis for claims paid in shortfalls. 1997 and makes several changes to the au- amounts in excess of one million dollars to This legislative proposal would provide the thorities under which we operate. These ensure Congress is aware of amounts being authority to use a limited number of IRR changes are designed to permit a more effi- transferred and paid out under the Title XII members who possess specific specialties and cient operation of the Department of De- program. As supplemental appropriations grades, and who meet certain criteria, to fill fense. may be necessary, Congress will have suffi- early deploying unit shortfalls, thus lessen- Enactment of this legislation is of great cient information on which to base a deci- ing the potential impact on the readiness importance to the Department of Defense sion regarding the supplemental appropria- and cohesion of units scheduled for later de- and the Department urges its speedy and fa- tions. ployment. vorable consideration. The addition of subsection (c) to section Sincerely, 44305 of title 49, United States Code, and sub- Section 15. This provision would extend, through the end of Fiscal Year 1998, the JUDITH A. MILLER. section (c) to section 1205 of the Merchant Enclosures. Marine Act, 1936, (46 App. U.S.C. § 1285) would Weapons of Mass Destruction Act of 1992, SECTIONAL ANALYSIS allow the Department of defense to rapidly which is slated to expire at the end of Fiscal pay claims resulting from damages or inju- Year 1996. The provision would revise fund- PROCUREMENT—OTHER MATTERS ries caused by risks covered by the respec- ing restrictions in a manner consistent with Section 110 clarifies that the prohibition in tive programs as a consequence of providing the original legislation. Such authority espe- the National Defense Authorization Act for transportation to the United States when cially is important given ongoing concerns Fiscal Years 1990 and 1991 does not apply to commercial insurance companies refuse to over Iraq’s continued possession of weapons funds authorized and appropriated in the De- cover such risks on reasonable terms and of mass destruction and missile delivery sys- partment of Defense Appropriations Act, 1996 conditions. The requirement to reimburse tems. The Department of Defense, including and the National Defense Authorization Act the Federal Aviation Administration or the its Executive Agent for matters regarding for Fiscal Year 1996 (Public Law 104–106; 110 Maritime Administration already exists; the United Nations Special Commission on Stat. 186). The prohibition was against obli- however, the only method for payment cur- Iraq (POTPOR.SECUNSCOM), the On-Site gating funds for procuring additional F–15 rently available may involve requesting sup- Inspection Agency, requires the authority to aircraft. This proposal is similar to previous plemental appropriations from Congress. continue much of its current activities in exceptions at section 137 of the National De- Such a process historically has taken six support of UNSCOM. fense Authorization Act for Fiscal Year 1992 months or longer. Many air carriers have in- (Public Law 102–190; 105 Stat. 1312) which per- dicated their financial obligations may not By Mr. THURMOND (for himself mitted the obligation of funds to replace and allow them to continue to support the Unit- and Mr. NUNN) (by request): support F–15 aircraft that had been sold to ed States if rapid payment for losses cannot S. 1673. A bill to authorize appropria- Saudi Arabia. Without this clarification the be made. Commercial aircraft insurance poli- tions for fiscal year 1997 for military Department of Air Force will be unable to S3388 CONGRESSIONAL RECORD — SENATE April 16, 1996 obligate appropriated funds for this program. Section 113 would incorporate improve- ‘‘Principal Recommendation. Permit a The proposal also would obviate the prohibi- ments in the acquisition reporting process of waiver of the full-up, full-scale live fire tests tion for Fiscal Year 1997 departmental au- major defense acquisition programs. These required by law for the F–22. The committee thorizations and appropriations. The Presi- improvements reflect recommendations from believes that such tests are impractical and dent’s Budget includes assumptions that the the Defense Authorization and Appropriation offer low benefits for the costs.’’ waiver will apply in Fiscal Years 1996 and Committees, Congressional Budget Office, The NRC report contains four pages of rec- 1997. and Department of Defense staffs. Briefly, ommendations. The F–22 System Program Section 111 updates the cost basis for the this proposal includes revisions to the sec- Office (SPO) is preparing a detailed response definition of the term ‘‘major system’’ to fis- tion of the law that is related to Selected to each of the NRC recommendations. The F– cal year 1990 constant dollars from fiscal Acquisition Reporting (SAR). 22 SPO will coordinate these additional year 1980 constant dollars. It also allows the This provision would replace ‘‘program ac- RDT&E activities with the responsible Air Secretary of Defense to further adjust these quisition unit cost’’ with ‘‘procurement unit Force and OSD offices. costs after notification of the Congressional cost’’ as a more meaningful measure of re- Given the above NRC recommendation, the defense committees. This language parallels curring unit cost. Program acquisition unit Department of Defense is submitting legisla- the language in the definition of ‘‘major de- cost includes Research, Development, Test, tion to authorize a retroactive waiver of the fense acquisition program’’ found in section and Evaluation (RAT&E), a nonrecurring survivability and lethality testing proce- 2430 of title 10. portion of acquisition costs. Management dures that apply to the F–22 Program. The purpose of section 112 is to streamline oversight of unit cost should focus on pro- This law change avoids the purchase and simplify the notification process for de- curement unit cost, the recurring portion of ($181M in FY90$, $250M in TY$) of an addi- fense contract workers who are displaced be- acquisition costs. tional F–22 aircraft for full-up, full-scale de- cause of termination or substantial reduc- The provision also would delete the cur- structive live fire testing. tion in defense contract funding. The current rently reported completion status for a pro- Section 204 would clarify and, to the extent law creates an elaborate process of such a gram, that is, percent program completed necessary, override the provisions of section complex and cumbersome nature that it ac- and percent program cost appropriated. 1701 of the National Defense Authorization tually prevents prompt notification. The re- These calculations of program status can be Act for Fiscal Year 1994, or other laws, which vision places notifications directly at the misleading, particularly in the early devel- indicate that the basic and applied research contract administration level. Additionally, opment stage of a program. The Department and advanced technology development ac- a redundant Federal Register reporting re- plans to substitute percent program deliv- tivities of the Defense Advanced Research quirement is eliminated. ered and percent program expended as more Projects Agency are to be subordinated to The proposal would continue the intent of accurate measures of program status. These other research organizations or entities the original legislation—to make displaced measures also represent the statutory cri- within the Department. This would restore defense contract workers eligible for employ- teria for SAR termination. the agency to its traditional function within ment services under the Job Training Part- TITLE II—RESEARCH, DEVELOPMENT, the Department. nership Act (JTPA). TEST, AND EVALUATION TITLE III—OPERATION AND It would require DOD notifications to con- Section 202. Section 2366, title 10, United MAINTENANCE tractors upon actual contract terminations States Code, requires realistic survivability Section 310 would expand the remedies or substantial reductions in funding. The testing on a covered system before the sys- available to contractor employees who are original law, on the other hand, had notifica- tem may proceed beyond low-rate initial wrongfully terminated because they reported tion triggered by the budget process at the production. The law authorizes the Sec- wrongdoing. program level when the President’s budget retary of Defense to waive realistic surviv- This legislation would also amend the law was first submitted to Congress. It included ability testing before the system enters into to provide that the investigative costs may provision for withdrawals of notification if engineering and manufacturing development be assessed against a contractor when the al- Congress provided funding for a program pro- if a certification is made to Congress that legation of reprisal is substantiated. posed to be eliminated or reduced by the testing would be unreasonably expensive and Any additional costs required by this pro- President’s budget. The original law also in- impractical, and requires a report assessing posal will be absorbed in departmental oper- cluded a provision for notifications based on realistic survivability testing. The V–22 pro- ation and maintenance accounts. funding cuts, still at the program level, in gram entered full-scale engineering develop- Section 311 would repeal section 12408 of the Defense Appropriations Act. This pro- ment (the previous term for engineering and title 10, United States Code, which requires posal eliminates the necessity of withdraw- manufacturing development) prior to enact- that each member of the National Guard re- als of notices by focusing the process on ac- ment of the legislation. ceive a physical examination when called tual contract impacts (instead of ‘‘pending’’ This section allows the Secretary of De- into, and again when mustered out of, Fed- terminations or substantial reductions, and fense to exercise the waiver authority of sec- eral service as militia. For short periods of relates to obligated funds on a contract by tion 2366(c), notwithstanding the fact that such service, this requires two complete contract basis. Additionally, notifications/ the V–22 program has already entered engi- physical examinations during a period of withdrawals in the original legislation, at neering and manufacturing development. days or weeks. In view of other statutory and the program level, did not identify which Such a waiver requires the Secretary of De- regulatory requirements for periodic medical specific contracts under a particular major fense to certify to Congress that live-fire examinations and physical condition certifi- defense program would be reduced or elimi- testing of the V–22 would be unreasonably cations for members of the National Guard, nated. expensive and impractical. The section also this additional examination requirement is The proposal also eliminates reporting in provides alternative survivability test re- unnecessary, administratively burdensome, the Federal Register of notifications and quirements for the conduct of any alter- and expensive, and could impede the rapid withdrawals as redundant to the public native live-fire test program. and efficient mobilization of the National availability of both budget submissions and Section 203 would amend section 2366(c) of Guard for civil emergencies. enacted defense appropriations legislation. title 10, United States Code, to authorize the There is no corresponding statutory re- The proposal retains the following provi- Secretary of Defense to exercise the waiver quirement for physical examinations when sions of the original law: authority in such section, with respect to members of the National Guard or other re- Notification to contractors by DoD within the application of survivability tests of that serve components are ordered to active duty 60 days after enactment of a Defense Appro- section to the F–22 aircraft, notwithstanding as reserves. priations Act; contractor’s obligations to in- that such a program has entered full-scale Section 312 would amend section 4105 of form adversely affected employees, its sub- engineering development. title 5, United States Code, by adding a new contractors, State Employment Services’ Section 254 of the National Defense Au- sentence to authorize the utilization by mili- dislocated workers units, and the chief elect- thorization Act for Fiscal Year 1995 directed tary personnel of arrangements and agree- ed local government official within two the Secretary of Defense to request the Na- ments developed for training civilian em- weeks after the contractor receives notifica- tional Research Council to study the desir- ployees. Current authorities do not provide a tion. ability of waiving the live fire tests that are streamlined procedure for the acquisition of Continued requirement to give notice to required by law for the F–22. The Committee commercial courses for military personnel, the Department of Labor. on the Study of Live Fire Survivability Test- whereby the Government Employees Train- Notification of contract termination or ing of the F–22 Aircraft was formed by the ing Act of 1954 authorized procuring such substantial reduction to enable displaced de- National Research Council (NRC) to conduct courses without regard to acquisition prac- fense contractor employees to be eligible for the study. tices contained in part 5 of title 41 and the JTPA employment benefits. The NRC committee began its work in De- prohibition against paying in advance of re- Continued notifications to affected sub- cember 1994. Several data gathering meet- ceipt of services now contained in section contractors at identified tiers. ings were held to expose the committee to 3324 of title 31. Allowing military personnel Loss of eligibility for JTPA benefits if the full spectrum of views involving live fire to utilize these procedures will streamline funding is restored to a contract after notifi- testing of fighter aircraft. A final report en- acquisition of these courses, enabling utili- cation. titled ‘‘Live Fire Testing of the F–22’’ was zation of commercial credit cards and elec- Continued connection to major defense published in 1995. The principal recommenda- tronic funds transfer, where appropriate, to system. tion of this report is stated below: parallel practices in commercial industry. April 16, 1996 CONGRESSIONAL RECORD — SENATE S3389 If enacted, this proposal will not increase gave the Secretary of Defense authority to RECLAIM Trading Pit—Progress, Problems, the budgetary requirements of the Depart- prescribe regulations for the sale of recycla- and Prospects,’’ Dames & Moore Air Trade ment of Defense. By amending this section, ble materials held by a military department Services, Air & Waste Management Associa- monetary savings may be realized by de- or defense agency. All sales of recyclable ma- tion, 88th Annual Meeting (1995)). At least 30 creasing their intensive procurement meth- terials by the Secretary of Defense or a Sec- trades have occurred involving about 5.5 mil- ods and authorizing training personnel to retary of a military department must be in lion pounds of NOX. The largest trade to date procure such training for military personnel accordance with the procedures of section 203 was between Union Carbide Corporation in addition to civilian personnel training of the Federal Property and Administrative (RTC seller) and Anchor Glass Container rather than have contracting personnel in- Services Act of 1949 (40 U.S.C. 484) for the Corporation (RTC buyer) involved a stream volved in the acquisition of what were basi- sale of surplus property. The important fea- of 1994 through 2010 NOX RTCs equaling cally commercial services. ture of the statute which provides a signifi- about 1,700 tons. The price was $1.2 million Section 313 provides authority to Depart- cant local economic incentive is that net for the entire stream, or about $700 per ton of ment of Defense (DoD) to retain proceeds proceeds from the installation’s sale of recy- RTCs (in 1994 dollars). The first RECLAIM from the sale of Clean Air Act emission re- clable materials remain at the installation, auction, held in July, 1994, drew 17 sellers duction credits, allowances, offsets, or com- available for use in local programs (i.e., pol- and 6 buyers; 48,700 pounds of 1995 NOX RTCs patible economic incentives. lution abatement, energy conservation, and sold for $334 per ton and 2,500 pounds of 1996 Federal fiscal law and regulations gen- the moral and welfare account) rather than NOX RTCs sold for $574 per ton. The 1995 erally require proceeds from the sale of gov- having to be forwarded to the U.S. Treasury, RTCs that March projects to have this year, ernment property to be deposited in the the standard requirement. When a ‘‘profit’’ by interpolation, could then be sold for treasury. These regulations preclude an can be realized and applied in support of $3,340.00, not a large sum, but, as noted above agency from keeping the funds generated by local operations, the installation commander the sales price will increase in succeeding reducing air emissions and selling the credits has a definite incentive to develop and im- years as all facility allocations decline. The as does private industry. This inhibits the plement a successful program. sale reduces compliance costs and proceeds investment of those funds to purchase need- Proceeds from the sale of recyclable mate- offset fees incurred by the military facility. ed air credits in other areas, and eliminates rials in the DoD program had increased from Recent trading in the RECLAIM program any incentive for installations to spend the $1.5 million in FY 1983 to $37 million in FY showed that the cost for RTCs useable in the money required to generate the credits in 1992. The success of the DoD recycling incen- years 2010/11 had risen to $1706/ton. order to sell them. tive program clearly demonstrates that We anticipate that many other areas of the The Clean Air Act (CAA) mandates that there can be significant benefits to the envi- country will be implementing ‘‘RECLAIM’’ states establish state implementation plans ronment, such as reduction of waste streams type programs that require military installa- (SIPs) to attain and maintain the national going to landfills, that also make sense eco- tions to purchase credits or allowances based ambient air quality standards (NAAQs), nomically when direct economic incentives on estimated allocations rather than actual which are health based standards established are created to reduce pollution. emissions. In time, the new CAA Title V Op- for certain criteria air pollutants, e.g., Budget Impact: This provision will not re- erating Permit Programs will include trad- ozone, particulate matter, carbon monoxide. sult in increased cost to the military. Mili- ing components and Title V is based on ‘‘po- To further this mandate, the 1990 Clean Air tary installations will develop tradable cred- tential to emit’’ rather than actual emis- Act Amendments provided language encour- its only when economically beneficial for fu- sions. It is therefore necessary to give the aging the states to include ‘‘economic incen- ture use at the same or other installations, military services the required authority and tive’’ programs in their SIPs. Such programs or for selling on the private market. Only in- flexibility to fully participate in these new encourage industry to reduce air pollution stallations located in areas where an emis- emission trading programs. by offering monetary incentives for the re- sions credit program has been implemented Section 314 would revise subsection duction of emissions of criteria air pollut- can utilize this provision. Currently only a 2216(i)(1) of title 10, United States Code, to ants. CAA § 110(a)(2)(A) provides that SIPs few states have developed such programs, reestablish compatible capital asset thresh- ‘‘shall include enforceable emission limita- with several states in the process of the nec- olds for Operation and Maintenance (O&M) tions and other control measures, means or essary rulemaking. With the number of in- funded activities and DBOF funded activi- techniques (including economic incentives stallations able to participate being un- ties. Historically DBOF business areas have such as fees, marketable permits, and auc- known; no cumulative cost-benefit analysis used the same capital asset threshold as used tions of emission rights) . . . as may be nec- can be presented. by O&M funded activities to ensure applica- essary or appropriate to meet the applicable However, an example demonstrating the tion of consistent accounting policies requirements of this chapter.’’ See also CAA potential cost/savings benefits of the pro- throughout the Department and to simplify § 176(c)(6) (similar language specifically di- posed legislation is the RECLAIM air emis- training and management requirements. The rected toward SIPs for nonattainment areas sion trading program in the South Coast Air raising of the O&M capital asset threshold to for NAAQs). Quality Management District (SCAQMD), A number of state and local air quality dis- California. The RECLAIM program is an al- $100,000 reflects the impact of inflation on tricts have already established various types lowance type market program for NOx (Ni- the cost of equipment and software and the of emission trading systems (see Brownstein, trogen oxides) and SOx (sulfur oxides) recognition that $50,000 is no longer a rea- ‘‘Report on Select Emissions Trading Pro- sources. RECLAIM Trading Credits (RTCs) sonable threshold for the additional manage- are issued annually, upon payment of a fee, grams,’’ prepared for the Virginia Depart- ment requirements associated with capital to a facility at the start of its compliance ment of Environmental Quality by the Mid- purchases. cycle (one year). The number of RTCs issued Atlantic Regional Air Management Associa- TITLE IV—MILITARY PERSONNEL to a facility decline each year. If a facility tion (1995), examining 11 state trading and AUTHORIZATIONS has RTCs that it does not require for its own banking programs). However, the military use, it may sell those RTCs to other RE- Section 402 would amend section 115(d) of services presently lack clear authority to CLAIM facilities. Several military installa- title 10, United States Code, by adding a new sell Clean Air Act economic incentives and, tions are required to participate in the NO subsection (8), which would exclude a limited if such incentives were sold, would have to X RECLAIM program including March Air number of Reserve component members, who remit the proceeds to the U.S. Treasury. As- Force Base, Long Beach Naval Shipyard, and are serving on active duty for special work suming sale authority is granted, this au- Naval Auxiliary Landing Field San Clemente for more than 180 days, from counting thority needs to be coupled with the right to Island. These military facilities will also be against the end strength for each of the retain the proceeds at the installation level included in the RECLAIM program for VOCs armed forces (other than the Coast Guard) in order to create a local economic incentive once it is approved. authorized for active duty personnel who are to reduce air pollution above and beyond RECLAIM was effective January 1, 1994. By to be paid from funds appropriated for active legal requirements and thereby create a December 1994, at the conclusion of the first duty personnel. This proposed amendment marketable commodity. Retention and use year of the program, March AFB held 69,246 would increase accessibility to Reserve com- of proceeds at the installation level is a key pounds of surplus NOX RTCs which, if the ponent members and provide for greater con- component of the proposed bill. Because this proposed legislation was in effect, it could tinuity in the use of Reservists to support new authority would be similar in concept to have sold/traded to other RECLAIM facili- CINC and other active force OPTEMPO re- existing authority for the sale of recyclable ties. March AFB could have potentially re- quirements. The number of Reserve compo- materials and retention of proceeds from the couped half its investment having paid $00.10 nent members serving on active duty for sale for use by the local military installa- per pound or $7,051 for the unused credits. In more than 180 days, excluded under this pro- tion, the proposed bill is patterned on that 1995, March paid $12,415.00 for 110,458 NOX vision, could not exceed two-tenths of one authority. RTCs; it expects to use 90,000. However, since percent of the authorized active duty end In 1982, Congress passed Public Law 97–214, March is closing, once the active duty forces strength for each military service. 10 U.S.C. § 2577, Disposal of Recyclable Mate- have left on April 1, 1996, March will have a TITLE V—MILITARY PERSONNEL POLICY rials, to provide greater economic incentives significant decrease in NOX emissions mean- for military departments to develop aggres- ing it will then have a significant number of Subtitle A—Matters Relating to Reserve sive recycling programs at the installation RTCs to trade/sell. Components level to reduce the volume of materials A report on RECLAIM trading provides in- Section 501 would amend section 14514, going into the waste stream. The statute teresting market data (see Margolis, ‘‘In the chapter 1407, of title 10 of the United States S3390 CONGRESSIONAL RECORD — SENATE April 16, 1996 Code to authorize the Service Secretaries to promotion to lieutenant, approximately the degree from meeting the educational re- separate administratively members in an in- 5-year mark, current law would require offi- quirements for promotion, even at the first active status for years of service or after se- cers who have not yet completed degrees to promotion opportunity, unless the officer lective removal without convening a dis- be passed over a second time. Under current earned the degree sometime after receiving a charge board. law, members passed over twice must be sep- commission. By changing the period that the Enactment of this technical change closes arated from the service. Department can recognize a degree from a a loophole that allows retention of non-par- This section is needed to remove the unin- qualifying educational institution to eight ticipating members in the Standby Reserve tended consequence of forcing failure of se- years, we provide these officers every oppor- with no benefit to the government. The ma- lection for promotion, without regard to per- tunity to be appointed or federally recog- jority of these members are retirement eligi- formance. This amendment will allow Sea- nized in the grade of O-3 based on their over- ble and have not applied for transfer to the man to Admiral program selectees to become all performance and qualifications for pro- Retired Reserve. Assignment of these Re- commissioned officers with full career oppor- motion, to include necessary post-secondary serve members to the Retired Reserve bene- tunity according to merit, including pro- educational requirements. fits the government as they are available for motions at the normal flow points. This proposal has no budgetary effects to use much earlier in a contingency due to a In the first 2 years of this program, 58% of the Department of Defense. higher DOD mobilization priority selection. the selectees in an intensely competitive se- Section 506 would amend subsection 418(c) Congressional authority is required to recall lection process had already completed a por- of title 37, United States Code, to correct an the Standby Reserve. World War II was the tion of their college education prior to selec- erroneous reference. Section 1038(c) of the last time Congress recalled the Standby Re- tion. This bill is intended to ensure these National Defense Authorization Act for Fis- serve. Presidential authority is required to outstanding junior officers retain the ability cal Year 1996 (Public Law 104–106) amended recall Retired Reserve members. The last to complete for promotion based on their section 418 of title 37, U.S.C. to prohibit pay- time the President recalled the Retired Re- performance. ing a uniform allowance or furnishing uni- serve was during DESERT SHIELD/STORM. The proposed legislation would result in no forms under section 1593 of title 10, U.S.C., or Another benefit is reduced administrative additional Department of Defense costs or section 5901 of title 5, U.S.C., to enlisted cost to the government due to selective re- budget requirements. members of the National Guard employed as moval of members from the inactive status. Section 503 would direct the Secretary of technicians under section 709 of title 32, Presently, in order to separate these mem- Defense to conduct a regionalized test of un- U.S.C. for periods of employment ‘‘for which bers an Administrative Discharge Board limited commissary privileges for members a uniform allowance is paid under section 415 must be convened by the responsible agency of the reserve component of the Armed or 416’’ of title 37. The intent of this legisla- and this board must be comprised of person- Forces who are currently eligible for limited tion is to prevent technicians from receiving nel who are senior in grade to the member use of the commissary. Currently, eligible uniform benefits from two different sources. being considered for discharge. Convening a members of the Ready Reserve and Retired However, because sections 415 and 416 of title board involves travel expenses, per diem, pay Reserve as authorized 12 days of commissary 37, U.S.C. only apply to uniform allowances and allowances, commissary and base ex- shopping in a calendar year. The test would for officers, this reference is incorrect. The change privileges and the administrative provide a means of evaluating the extent to legislation should have referred to section costs of the board. Approval of this change which an expansion of commissary privileges 418 of title 37 (itself) because this is the au- allows the Service Secretaries to be more ef- for currently authorized Reservists might thority for providing uniform benefits to en- ficient and cost effective in managing their impact on commissary operations. listed members. The amendment correct the inactive reserves. Section 504 would amend section 12868 of erroneous reference. Any additional administrative costs in the title 10, United States Code, as added by the Section 507 would amend section 12310 of enactment of this proposal will be accom- National Defense Authorization Act for Fis- title 10, United States Code to provide that plished within available operational and cal Year 1995 (Public Law 103–337; 108 Stat. certain reserve personnel serving in compos- maintenance funds. 2998), to provide discretionary authority to ite organizations which support both the ac- Section 502 would amend section 12205 of the Secretaries of the Military Departments tive and reserve components, reserve person- title 10, United States Code, relating to the and the Secretary of Transportation to ex- nel on duty for peacetime standby air de- ability of members of the Naval Reserve to cept certain members of the reserve compo- fense and ballistic missile defense operations be promoted. The amendment would author- nent, who serve on active duty (other than within the territory of the United States, ize naval service members who are selected for training) from the limitations on separa- and reserve personnel on duty in reserve for service as commissioned officers under tion contained in that section. Under section component organizations which have been the Seaman to Admiral program to be pro- 12868, a member of a reserve component who assigned the responsibility for the conduct of moted above the grade of lieutenant (junior is serving on active duty (other than for activities of the service Secretaries in sup- grade) even though they might not have training), and is within two years of becom- port of any part of a military department, completed baccalaureate degree require- ing eligible for retired pay or retainer pay may be counted against the end strengths for ments at the time they are considered by the under a purely military retirement system reserve personnel on active duty or full-time lieutenant (0–3) selection board. Section may not be involuntarily released from ac- National Guard duty for the purpose of orga- 12205 restricts the promotion of officers of tive duty without the approval of the Sec- nizing, administering, recruiting, instructing the Naval Reserve who do not have bacca- retary concerned. The amendment would or training the reserve components. laureate degrees to no higher than the grade provide that reservists who volunteer to Subsection (c)(1) would supplement 10 of lieutenant (junior grade), with exceptions serve on active duty (other than for training) U.S.C. 2571, which permits any department for limited duty officers and members com- for a period of 180 consecutive days or less or organization of the Department of Defense missioned under the Naval Aviation Cadet could be excepted from the general prohibi- to perform work and services for any other (NAVCAD) program. This section would sim- tion on involuntary release even though they department and organization without reim- ply add an exception for members commis- complete 18 or more years of service. This bursement, by treating as AGRs reserve per- sioned under the Seaman to Admiral pro- exception would apply only if the member is sonnel who perform any function of a sec- gram. informed of and consents to such exception retary of a Department which has been as- The Seaman to Admiral program was de- prior to entry on active duty. This exception signed by that secretary to a reserve compo- signed to provide commissions to outstand- would not apply to reservists involuntarily nent organization for execution, with the ing enlisted members of the Navy even if ordered to active duty. There are no costs as- consent of the Chief of the National Guard they do not have a college degree. This pro- sociated with the provision. Bureau or the chief of such reserve compo- gram provides an excellent opportunity for Section 505 would change the number of nent. A reserve component organization, for up to 50 truly outstanding Navy enlisted per- years that the Department of Defense could purposes of this section, would be an organi- sonnel per year. After selection to the pro- recognize a baccalaureate degree awarded by zation under the control of the Chief of the gram and commissioning as ensigns in the a qualifying educational institution from National Guard Bureau or any of the chiefs Naval Reserve, the Seaman to Admiral se- three years to eight years. The typical pro- of the reserve components. lectees attend from 16 weeks to 2 years of motion opportunity to the rank of Captain Subsection (c)(2) would provide that peace- warfare training. These officers then serve in in the Army Reserve, Army National Guard, time standby air defense and ballistic mis- their wartime communities in initial oper- Air Force Reserve, Air National Guard, and sile defense of the territory of the United ational tours of duty. Later, they are af- Marine Corps Reserve, and Lieutenant in the States would be included within the scope of forded the opportunity to earn college de- Naval Reserve occurs at approximately three functions for which reserve personnel would grees at Government expense. Attendance at and one half years of service. Officers typi- be accountable against reserve component college would commence when they have ap- cally remain eligible for promotion through end strengths. Thus Air National Guard per- proximately 3–4 years of commissioned serv- approximately seven and one half years of sonnel of the First Air Force would be ac- ice, coinciding with the promotion flow service before mandatory separation process- counted for as Active Guard and Reserve per- point to lieutenant. Under current law, the ing occurs for failure to select for promotion. sonnel while instructing and training for and Seaman to Admiral program selectees will The current three year statutory limitation performing standby air defense activities not be eligible for promotion above 0–2 at for recognizing a baccalaureate degree from and Army National Guard personnel would that flow point, as most will not have earned a qualifying educational institution effec- be similarly treated when conducting stand- college degrees. At their ‘‘second look’’ for tively precludes an officer who holds such a by ballistic missile defense activities for the April 16, 1996 CONGRESSIONAL RECORD — SENATE S3391 Ballistic Missile Defense Organization. Sec- enlisted service when commissioned in that provisions which will have a negative impact tion * * * of title 10 would permit these grade. on efforts to account for missing personnel, AGRs to conduct air defense and missile de- Prior to 1 February 1992 when the Warrant the well being of their families, and the peo- fense after a mobilization. Officer Management Act became effective, ple who are charged with the accounting ef- Subsection (d) would provide that Reserve temporary warrant officer promotions were fort. The proposed repeals and amendments personnel be authorized to supervise and made under such regulations as the service are intended to ensure that the process of de- command active component personnel in a secretary prescribed, as authorized by sec- termining the fate and accounting for Amer- composite organization which conducts ac- tion 602 of title 10. Under this section, re- ica’s missing are not inadvertently hindered, tivities in support of both active and reserve pealed by the Warrant Officer Management and that the families get the answers, rights components. Act, warrant officers were temporarily pro- and benefits they deserve without placing Subtitle B—Officer Education Programs moted well ahead of the criteria for perma- additional financial and emotional burdens on them. Section 510 would modify title 10 to set the nent regular warrant officer promotions under section 559 of title 10, also repealed, (a) REPEAL.— maximum age for ROTC scholarships at age (1) Section 1508 (Judicial Review).—The 27, vice age 25 (10 U.S.C., § 2107); would con- and it was also possible for a limited number of outstanding individuals to be selected section provides the primary next of kin or currently modify the age standard for Serv- previously designated person(s) the right to ice academies (10 U.S.C., §§ 4346, 6958, 9346) to early from among below-zone candidates for the grade of chief warrant officer, W–3. appeal a finding of death on the basis of a ensure that academy entrants also would be subjective opinion that proper weight was appointed as commissioned officers by age Under section 574(e) of title 10, a chief war- rant officer is not eligible to be considered not accorded to available information. 27. Specifically, this would add two years for This provision will create an undue delay ROTC scholarship students and a single year for promotion to the next higher grade until he or she has completed three years of serv- in the final resolution of a missing person’s for the academies. The change is driven by a status and subsequently benefits to the bene- need reported by all Services—to relax the ice in current grade. Additionally, section 575(b)(1) of title 10 ficiaries. This right to challenge the finding ROTC age standard as a means of expanding limits below-zone selection opportunity to becomes even more disruptive when the the recruiting pool, while accommodating those being considered for promotion to chief beneficiaries are not a party to the appeal. promising students who otherwise would be warrant officer, W–4, and chief warrant offi- In addition, the court is not being asked to ineligible. The Service academy change flows cer, W–5. judge whether a person’s rights have been from a recognition that the controlling cri- This legislation is intended to improve the violated, but rather to render a subjective terion (a youthful and vigorous officer corps) management of the Services’ chief warrant opinion on the strength and validity of infor- should bear equally on both sources of com- officer communities by reducing the mini- mation related to the case, a role military mission. mum time in grade required for chief war- experts and peers of the missing person have This provision would apply to classes en- rant officers to be considered for promotion already performed. tering the service academies of 1997 and (2) Section 1509 (Preenactment, Special In- to the next higher grade from three years to thereafter. terest Cases).—The section requires the es- two years, thereby allowing the opportunity Section 511 would modify current law (10 tablishment of boards of inquiry for Cold for early selection, and to authorize below- U.S.C. 2107) to permit initial award of ROTC War (dating back to Sept. 2, 45), Korean and zone selection opportunity for promotion to scholarships to those who already have re- Vietnam War unaccounted for cases if new the grade of chief warrant officer, W–3, simi- ceived a baccalaureate degree, provided the information, from any source, becomes lar to that currently authorized for pro- recipient executes contractual commit- available that may result in a change of sta- motion to the grades of chief warrant officer, ments, including enrollment in the ROTC ad- tus. W–4, and chief warrant officer, W–5. vance course. Today, Services cannot recruit This provision will at best consume a sig- With due-course promotions occurring a 22 year-old electrical engineer with bach- nificant amount of time and money, and at after four years time in grade, as they now elors degree, who (never before an ROTC par- worse produce a lose-lose situation—given occur in the Department of the Navy, the re- ticipant) could earn a masters degree in two the age of these cases and the possible inabil- quirement for chief warrant officers to have years while completing the ROTC advanced ity to locate all relevant evidence or wit- three years in grade to be considered for pro- course, qualifying for commission. This ex- nesses. The Secretary concerned already has motion has the effect of not permitting any clusion also penalizes top performers who the ability under chapter 10, title 37 U.S.C. early selections. Reducing the minimum graduate from high school or enter ROTC to review cases if evidence arises that indi- time in grade for promotion consideration to with advanced college credit, since the schol- cates that a service member previously de- two years would allow for a small number of arship is terminated when they complete the clared dead may be alive. To date, the find- individuals to be selected from among below- undergraduate degree, yet they must remain ings of the Senate Select Committee on zone candidates, and to be promoted one in college to complete ROTC commissioning POW/MIA Affairs and the current work being year early after actually serving three years requirements. No additional costs would be conducted by the Defense POW/MIA Office, in grade. Additionally, authorizing early se- incurred, since this simply would permit USCINCPAC’s Joint Task Force-Full Ac- lection to chief warrant officer, W–3, would more-efficient channeling of existing schol- counting, U.S.-Russia Joint Commission, and permit recognition as appropriate of the ex- arships. the central Identification Laboratory, Ha- perience and competence of these individ- waii, to account for American service per- Subtitle C—Other Matters uals. For example, the average Navy chief sonnel have been unable to uncover any cred- Section 515 would expand the definition of warrant officer, W–2, has almost 18 years en- ible evidence that there are unaccounted for the term ‘‘active status’’ in section 101(d) (4) listed service when commissioned in that service members still alive from the Cold of title 10, United States Code, to include grade. War, Korean War, or the Vietnam War. both officers and enlisted members of the re- Chief warrant officers provide the services (b) TRANSMISSION THROUGH THEATER COM- serve components, who are not in the Inac- with commissioned officers who possess in- PONENT COMMANDER.—Requires the theater tive National Guard, on an inactive status valuable technical expertise, leadership and component commander to review all missing list, or in the Retired Reserve. This change managerial skills developed during enlisted person’s recommendations from the unit is consistent with Section 10141(b) of title 10 service and through formal education. This commanders, in the field, and then certify which addresses the status of reserve compo- legislation is needed to identify and reward that all necessary actions are being taken nent members and which states that all Re- the small number of exceptionally talented and all appropriate assets are being used to serve members who are not in an inactive sta- chief warrant officers whose demonstrated resolve the status of the missing person. In tus or a retired status are in an ‘‘active sta- performance and strong leadership are de- addition the provision provides the missing tus.’’ serving of special recognition by being se- person’s unit commander only 48 hours to Section 516 would amend sections 574(e) lected for promotion ahead of their peers, complete an initial investigation and for- and 575(b) of title 10 to reduce the minimum thereby enhancing morale and maintaining ward a missing recommendation to the thea- time in grade necessary for promotion to two the vitality of the entire community. ter component commander. years rather than three, and to authorize the These changes would increase the size of The review and certification requirements below-zone selection for promotion to the the group under consideration for promotion by the combatant commander work under grade of chief warrant officer, W–3. but would not authorize any additional num- the assumption that all future conflicts will Reduction of the minimum time in grade bers of total promotions from that larger be small in scope and casualties limited in required for promotion would result in ac- group. As a result, this proposal would not number. In a major conflict, with heavy tual promotion after three years in grade. It result in any increased cost to the Depart- losses, the volume of certification require- is not now possible for below zone consider- ment of the Navy, other services, or the De- ments will severely tax the Component Com- ation, even to chief warrant officer, W–4. partment of Defense. manders, and their staffs, and divert their This legislation would also authorize chief Section 517. The FY–96 National Defense attention at a time when they are charged warrant officer, W–3, below-zone selection Authorization Act (Public Law 104–106; 110 with the grave responsibility of directing the opportunity. This change will permit rec- Stat. 186) amended title 10, United States CINC’s military efforts in the theater and ognition of the small number of chief war- Code, by adding Chapter 76—Missing Per- leading soldiers, sailors, and airmen in bat- rant officers, W–3, deserving of promotion sons. While the Department supported the tle. The unit commander, grade 0-5 or above, ahead of their peers. The average chief war- Senate version of the act, the compromise who conducts the investigation under sec- rant officer, W–2, has almost eighteen years version adopted into law contains several tion 1502 is more than capable of conducting S3392 CONGRESSIONAL RECORD — SENATE April 16, 1996 a full search and rescue effort, and a thor- accused by a select group of families and ac- with a 1:1 reduction of regular promotions to ough investigation of the loss. A minimum of tivists with withholding documents and in- lieutenant commander. Officers are pro- 10 days is required, rather than 48 hours, to formation from the case files of unaccounted moted only while serving in a qualifying bil- conduct a thorough and complete investiga- for service members. Justice has reviewed let. The program accounts for over 120 SPOT tion and provide a fully informed rec- several such allegations in the past and has promotions a year. ommendation. found them baseless, however attaching An absolute shortage of permanent lieu- (c) COUNSEL FOR MISSING PERSON.—Re- criminal liability to such charges will create tenant commanders exists within those line quires the Secretary to assign a missing per- a working environment where DPMO staff communities that fill Lieutenant Com- son’s counsel to represent each missing or ends up spending scarce time and resources mander SPOT billets. The table below sum- unaccounted for person. Counsel is tasked aggressively defending their conduct rather marizes the specific shortages of permanent with reviewing each piece of new evidence than working to resolve the fate of the miss- Lieutenant Commanders by community. that may affect the missing person’s status ing. to determine if it is significant enough to (f) RECOMMENDATION ON STATUS OF Community recommend that the Secretary appoint a re- Designator Inventory Total billets specific DEATH.—Requires that a review board rec- shortfall view board. In addition, the counsel is di- ommending a status of death provide infor- rected to review all information, attend mation on the date and place of death, and if 1,110 ...... 1,317 1,406 89 board deliberations, and provide a written 1,120 ...... 635 819 184 remains are recovered, a description of the 6,400 ...... 62 67 5 report as a companion to the review boards location where it was recovered and certifi- 6,130 ...... 55 73 18 report. cation of identification by a forensic sci- 6,230 ...... 25 24 ¥1 This provision presupposes that the U.S. entist, if visual identification was not pos- Total ...... 2,094 2,389 295 government does not hold the interest of the sible. missing person as the compelling factor in Under section 1501(e), the provisions of the The shortfall becomes significantly more determining their status. It also creates an chapter 76 cease to apply when a person is pronounced if the inventory is limited to adverserial environment that, as shown by accounted for, as defined in section those permanent Lieutenant Commanders experience in other similar types of inves- 1513(3)(B), recovery and identification of the with the skills required for SPOT promotion tigations, may ultimately have a negative person’s remains by a forensic scientist of billets. impact on the investigative process. The re- identification, if visual identification was quirement for a lawyer to attend delibera- not possible. Community tions and then comment on the findings may (g) DEPARTMENT OF DEFENSE CIVILIAN EM- Designator Inventory Total billets specific shortfall have a chilling effect on the board’s delibera- PLOYEES.—The law applies equal coverage to tions—nowhere else in our system are law- Department of Defense civilian and contrac- 1,110 ...... 1,095 1,406 311 yers representing an affected party allowed tor employees who accompany forces in the 1,120 ...... 436 819 383 to sit in on the deliberations of a delibera- field, and members of the Armed Forces. The 6,400 ...... 62 67 5 6,130 ...... 55 73 18 tive panel. This effect is exaggerated for FY–96 Defense Authorization Act calls on 6,230 ...... 25 24 ¥1 multiple loss cases where the provision re- the Secretary of State to conduct a one year quires one counsel for ‘‘each’’ mission per- study on how best to apply similar coverage Total ...... 1,673 2,389 716 son; i.e., if 20 servicemen are lost in a plane to all government civilian and contractor The qualified lieutenant commander inven- crash, 20 lawyers must be assigned to the employees who accompany forces in the tory includes those officers who are Engi- case. Finally, the requirement to have a law- field. yer review every new piece of information, Until the Secretary of State reports to neering Officer of the Watch qualified (for creates an administrative and financial bur- Congress the results of his study on how best conventional assignments) or have current den on the Department by requiring the Of- to cover government civilians and contractor nuclear engineer qualifications (for nuclear fice of Missing Persons to maintain a full employees, the Government risks inadvert- assignments). The number of community specific billets time cadre of lawyers to conduct such re- ently harming the people it is trying to pro- actually understates the billet fill require- views alongside the intelligence analysts tect by failing to address in chapter 76 the ments in the case of unrestricted line offi- who already have this responsibility. There impact this measure may have on: have already been 17,000+ live sighting or (1) provisions of title 5 U.S.C. and other cers who must also fill a fair share of 1000/ dogtag reports from the Vietnam War alone. civil service guidelines; 1050 billets. (d) THREE YEAR REVIEWS.—Requires that (2) the fact that such individuals may not The continued use of SPOT promotions re- the Secretary appoint a review board every fall under UCMJ authority; main necessary due to the critical shortage three years, for 10 years, for persons in a (3) pay and promotion issues; and, of officers qualified to fill engineer officer, missing status who are last known alive or (4) other nuances that need to be examined engineering departmental principal assist- last suspected of being alive. in the Secretary’s study. ants, engineering material officer and engi- This requirement will only cause undue While the Department agrees that there is neering staff billets directly supporting fleet pain and financial hardship on families by a need for legislation covering Department engineering readiness. Originally enacted in requiring a status review when no new infor- of Defense civilian and contractor employ- 1965, SPOT promotion has proven its value as mation on which to base a change in status ees, at this point it would be better to wait a strong incentive and retention tool for our exists. It works under the assumption that until the study is complete and then address top officers. It remains a very effective man- the Department will not pursue a case unless all U.S. Government and contractor employ- agement tool to ensure our ability to fill ex- a formal board is established every three ees who accompany the armed forces in hos- tremely demanding billets with the best offi- years to look into the case. Section 1505 al- tile environments under a separate piece of cers. ready requires the Secretary concerned to legislation. Section 519 would modify title 10, United convene a board if new information becomes Section 518 amends section 5721 of title 10 States Code, (§ 513) to permit extension in available that may result in a change of sta- to make permanent the authority for tem- the Delayed Entry Program (DEP), for meri- tus. Section 1506 requires all new informa- porary promotions of certain Navy lieuten- torious cases as determined by the Secretary tion to be placed in the missing person’s ants. concerned, beyond the 365-day time limit record, or notice thereof, and that the infor- The Navy has a shortage of available quali- currently established by the statute. Nota- mation or knowledge of its existence be for- fied officers to fill key engineering billets. bly, applicants who enter the DEP in June or warded to the family. In addition, the Gov- To counter this shortage, some exceptional July are within a few weeks of that ceiling ernment creates a double standard in that lieutenants are assigned to lieutenant com- when they graduate from high school; con- the three year review is only applied to a se- mander engineering related assignments. sequently, a delay would force discharge and lect number of cases. The Department feels These are extremely difficult and challeng- re-accomplishment of enlistment, with asso- every case/family deserves equal treatment. ing assignments that include Engineer Offi- ciated challenge and expense. In the past, (e) WRONGFUL WITHHOLDING.—The provi- cer on nuclear powered submarines, Engineer natural and manmade disasters have forced sion makes it a criminal act for a person to Officer on Nuclear powered cruisers, Engi- delays in shipping schedules, and this change knowingly and willfully withhold from a neer Officer on Ticonderoga class cruisers, simply would permit, on a selective basis, missing person’s file any information relat- Engineer Officer on CLF ships, Members of the avoidance of discharge/enlistment paper- ing to the disappearance or whereabouts and the fleet Commander-in-Chief’s Nuclear Pro- work drills. status of the missing person. It provides for pulsion Examining Board or Propulsion Ex- Section 520. Currently, section 505(d) of a fine under title 18 or imprisonment of not amining Board. title 10, United States Code, authorizes the more than 1 year, or both. SPOT promotion authority provides a Secretaries of the military departments to The investigative and legal burden that flexible law cost solution to precisely target accept reenlistments in regular components this criminal provision will create for the the shortfall of skilled engineering officers. for a period of at least two but not more analysts and other members of the Office of It is limited by the Secretary of the Navy’s than six years. Accordingly, even senior en- Missing Persons will have a debilitating ef- policy to only key engineering billets for listed members of the armed forces who have fect on the pace of POW/MIA work and the which a shortage of available qualified offi- made military service a career must periodi- quality of personnel the office is able to re- cers exists. SPOT promotions occur within cally reenlist. This proposal would eliminate cruit. The Defense POW/MIA Office is often statutory lieutenant commander ceilings the administrative efforts and associated April 16, 1996 CONGRESSIONAL RECORD — SENATE S3393 costs that occur as a consequence of the re- Section 603 would amend section 403(c)(2) fective manning levels within the nursing quirement to reenlist continually senior en- of title 37, United States Code. This provi- field. listed members. sion prohibits the payment of the basic al- Under the proposal, the Secretaries of the lowance for quarters to all members below Subtitle C—Travel and Transportation military departments could accept indefinite the pay grade of E–6 without dependents, Allowances reenlistments from enlisted members who while assigned to sea duty. Amending this Section 610 would amend title 37, United have at least ten years of service on active section will remove the prohibition against States Code, to authorize round-trip travel duty and who are serving in the pay grade of single E–5 members and authorize them to allowances for transporting motor vehicles E–6 or above. The vast majority of enlisted receive either quarters ashore (adequate or at government expense. The bill amends sec- members with these characteristics will inadequate) or the payment of the basic al- tion 406 (b)(1)(B)(i)(I) and 406 (b)(2)(B)(i)(II) of make military service a career. Thus, in en- lowance for quarters. title 37, United States Code, to authorize listed member who serves 30 years would In the words of Master Chief of the Navy, round-trip travel allowances when a member avoid the necessity of continually John Hagan, amending section 403(c)(2) is transports a motor vehicle to and from the reenlisting over a 20 year period. The paper- ‘‘well past time for E–5 Sailors to get (this) port, in conjunction with a permanent work for reenlistment and its processing is benefit’’ calling this shortcoming ‘‘the most not burdensome but it is not insignificant. compelling inequity in our entire compensa- change of station move between OCONUS Savings should result. The proposal would tion system.’’ and CONUS locations. The provision also also increase the prestige of the noncommis- This section also would amend 37 U.S.C. provides that the amendment made by sec- sioned officer corps. $403(c)(2) to remove the monetary penalty for tion I shall take effect on July 1, 1997. Section 521. As a result of the demise of joint military couples, below the pay grade Section 611 would allow the Department of communism and a reduction in the size of of E–6, serving simultaneous shipboard duty. Defense to reimburse non-Federal civilians, military forces in many nations, including Currently, those military couples who serve who serve as school board members, for ap- the U.S., it is important that allied and onboard ships at the same time lose all of proved training and eliminate the disparate other friendly countries work together to the entitlement to BAQ/VHA. Law would be treatment of school board members serving standardize doctrine, procedures and tactics amended to state that a couple’s combined pursuant to section 2164(d) of title 10, United and share responsibility in the development BAQ/VHA entitlement be equal to BAQ States Code. Currently, only school board and production of military systems to pro- (with-dependents rate) or VHA (with-depend- members are employees of the Armed Serv- mote standardization and interoperability at ents rate) calculated for the senior member’s ices of Federal Government are authorized reduced costs. The exchange of military and pay grade only. reimbursement for approved training under civilian personnel between defense establish- Section 604 would strike out paragraph (2) both the Federal Training Act, title 5, Unit- ments is one of the efficient and cost effec- of section 203(c) of title 37. Section 203(c)(1) ed States Code, section 4109, and the Joint tive means that can be used to promote stipulates the specific rate of cadet and mid- these objectives. Under the proposed ex- Federal Travel Regulations, Volume 2, Para- shipmen pay as determined by the Congress. graph C 4502. Since non-Federal civilian changes, costs would be borne by the govern- Paragraph (2) is inconsistent with the ad- board members cannot be reimbursed for ment of the exchange personnel except for justment called for in the section. Making an training, they are not sent to training. activities that are directed by the host party adjustment under the seldom used section or where orientation or familiarization 1009 would result in a level of pay different Section 612 modifies section 2634 of title 10, training is made necessary by the unique than the exact rate specified by the Congress United States Code, by authorizing the Gov- qualifications of the assignment. The pro- in section 203(c)(1). The inconsistent provi- ernment-funded storage, in lieu of transpor- posal further stipulates that the benefit to sion accordingly is recommended for dele- tation, of a service member’s motor vehicle each government must be substantially tion. when that service member is ordered to equal which ensures that each government Subtitle B—Extension of Bonus and Special make a permanent change of station to a lo- benefits from the exchanges. Pays cation which precludes entry of or requires extensive modification to the motor vehicle. TITLE VI—COMPENSATION AND OTHER Section 605 would extend the authority to Subsection (b) of the provision would modify PERSONNEL BENEFITS employ accession and retention incentives, Subtitle A—Pay and Allowances section 406 of title 37, United States Code, to ensuring that adequate manning is provided authorize the storage of a motor vehicle as Section 601 would waive the adjustment re- for hard-to-retain skills, including occupa- provided for in section 1 of this bill. Sub- quired by section 1009 of title 37, United tions that are arduous or that feature ex- section (c) would provide that the amend- States Code and increase the rates of basic tremely high training costs (e.g. aviators, ments would take effect on July 1, 1997. pay, basic allowance for subsistence, and health care professionals, and incumbents of basic allowance for quarters by three per- billets requiring nuclear qualification). Ex- Section 613 would repeal section 1589 of cent. This is what the President submitted perience shows that retention in those skills title 10, which prohibits the Department of in his budget for Fiscal Year 1997. would be unacceptably low without these in- Defense from paying a lodging expense to a Section 602 amends subsection 403(a) of centives, which in turn would generate the civilian employee who does not use adequate title 37, United States Code, by adding a pro- substantially greater costs associated with available Government lodgings while on vision that would eliminate the entitlement recruiting and developing a replacement. temporary duty. Although the purpose of to Basic Allowance for Quarters (BAQ) for The Department and the Congress have long section 1589 is to reduce the Department of members of the Ready Reserve who occupy recognized the cost-effectiveness of these in- Defense travel costs, the law can increase government quarters during short periods of centives in supporting effective manning in travel costs because it considers only lodging active duty, fifteen days or less, and who are these occupations. costs, not overall travel costs. Deleting the not accompanied by their dependents. This Section 606 would extend the authority to provision would enable Department of De- legislative proposal is a National Perform- employ recruiting and retention incentives fense travelers, supervisors and commanders ance Review initiative. It would eliminate to support effective manning in the Reserve to make more efficient lodgings decisions, the requirement to provide BAQ to Reserve Components, ensuring that adequate man- with potential cost savings for the trip as a component members performing annual ac- ning is provided for hard-to-retain skills. whole. tive duty for training when government These bonuses also stimulate the flow of The title 10 provision (added in 1985 to cod- berthing/housing is provided. Reserve compo- manning to undersubscribed Reserve units. ify similar provisions in the Department of nent members performing active duty when Experience shows that retention in those Defense Appropriations Acts from 1977) pro- government quarters are not provided or skills, or in those units, would be unaccept- hibits payment of a lodging expense to civil- when members are accompanied by their de- ably low without these incentives. The De- ian employees who don’t use adequate avail- pendents would not be subject to this limita- partment and the Congress have long recog- able Government quarters. The Fiscal Year tion. The five year cost saving associated nized the cost-effectiveness of these incen- 1978 Committee Report on Department of De- with this proposal is estimated at $913 mil- tives in supporting effective manning in such fense Appropriations (H. Rep. No. 95–451) lion and is distributed as follows: occupations and units. notes that if employees on temporary duty Section 607 would extend the authority to [In millions of dollars] at military installations for school, training employ accession and retention incentives to Fiscal year: and other work assignments were directed to support manning for nurse billets that have 1997 ...... 178 use available Government quarters, ‘‘many been chronically undersubscribed. Experi- 1998 ...... 180 thousands of dollars could be saved.’’ 1999 ...... 184 ence shows that retention in the nursing 2000 ...... 187 field would be unacceptably low without When a temporary duty trip involves busi- 2001 ...... 184 these incentives, and the Department and ness on and off-base, the cost-effective busi- Congress have long recognized the cost-effec- ness decision, considering factors such as Total ...... 913 tiveness of these incentives in supporting ef- rental car costs, must be made on a case-by- S3394 CONGRESSIONAL RECORD — SENATE April 16, 1996 case basis. The current law allows no flexi- title 37, an individual who is granted excess might become disabled in the future, cost bility for the cost-conscious resource man- leave by the Secretary of the military de- and budget data cannot be determined. ager. To be reimbursed for lodging, the trav- partment concerned under section 502(b) of Section 621 would simplify, standardize, eler must stay on-base whether it is efficient that title is not entitled to basic pay as long and facilitate the processing of orders under or not. Further, in temporary travel when as the member is in that status. If such an the Uniformed Services Former Spouses’ team integrity is essential, the mission may individual were to incur any disability while Protection Act (10 U.S.C. § 1408) and to en- preclude employees staying in available gov- on excess leave, he or she would not be enti- sure equitable treatment to all members and ernment lodgings. To maintain team integ- tled to any of the benefits provided under the former spouses who are subject to the provi- rity under current law when quarters are provisions of sections 2101, 1202, and 1203 of sions of this law. adequate for only the less senior members of title 10. The section amends subsection the team, quarters must be determined ‘‘not Currently, the only members of the De- 1408(b)(1)(A) of title 10, United States Code, available’’ for each member of the team, im- partment of Defense that would be affected to allow for service of court orders by fac- posing an unnecessary administrative cost. by the proposed legislation are those en- simile or electronic transmission, ordinary The Department is committed to improv- rolled in the Marine Corps Excess Leave mail, or by personal service. The current law ing the efficiency of the temporary duty (Law) Program. The U.S. Marine Corps has requires personal service by certified or reg- travel system to enhance mission accom- used this program as an accession source for istered mail, return receipt requested. Delet- plishment, reduce costs, and improve cus- judge advocates since 1967. Selected regular ing this requirement and providing for fac- tomer service. The proposal would be a sig- officers having between two and eight years simile or electronic transmission will expe- nificant step in this direction. of commissioned service are authorized by dite processing of applications by reducing Enactment of the legislative proposal will the Secretary of the Navy to be placed on ex- the number of applications that must be re- not cause an increase in the budgetary re- cess leave under section 502(b) of title 37 for turned to the sender for the sole reason that quirements of the Department. the purpose of obtaining a law degree from it was not personally served or mailed by Subtitle D—Retired Pay, Survivor Benefits, an accredited law school and designation as certified or registered mail, return receipt and Related Matters a Marine Corps judge advocate. While on ex- requested. cess leave, the officer receives no pay and al- Subsection 1408(e) of title 10 is amended to Section 615 would repeal the delay of the lowances and must bear all costs associated clarify the jurisdictional requirements rel- military retired pay Cost of Living Adjust- with subsistence, housing, and tuition. How- ative to court orders issued by states other ment (COLA) that currently is scheduled for ever, the member may use the G.I. Bill and than the state issuing the original court Fiscal Year 1998 and that prohibits payment Veterans Educational Assistance Program order and modifying or clarifying the origi- of such increase for months before Septem- (VEAP) to defray tuition costs. The U.S. Ma- nal court orders on which payments under ber 1998. This section also would repeal the rine Corps now has twenty-three officers par- the Act were based. The amendment provides conditional provision that provides that the ticipating in the program and expects to as- that the court must have jurisdiction over Fiscal Year 1997 COLA will not be payable sign an average of six to eight officers during both the member and the former spouse any later than the COLA for retired Federal each of the next five years. Officers incur a under the same guidelines applicable to civilian employees. Accordingly, under this three-year active duty obligation upon des- members under subsection (c)(4) of section section, the Fiscal Year 1998 military retired ignation as a Marine Corps judge advocate. 1408. pay COLA will be payable for all months in Retention of these officers on active duty be- Subsection 1408(h)(10)(A) of title 10 is which it is effective. yond that time is over ninety percent. Offi- amended to provide an alternative method of Section 616 amends section 1065(a) of title cers who fail to complete a law degree and determining retirement eligibility in cases 10, United States Code, to give members of are disenrolled from the program must serve where dependents are victims of abuse by the Retired Reserve who would be eligible for a year on active duty for each year or por- members who lose their right to retired pay. retired pay but for the fact that they are tion of a year spend in excess leave. How- The purpose of the amendment is to allow a under 60 years of age (gray area reservists) ever, no one who was selected to participate former spouse, who may not qualify under the same priority for use of morale, welfare, in this program during the past nine years the current provisions due to the member and recreation (MWR) facilities of the mili- has been disenrolled. not yet being retirement eligible on the date tary services as members who retired after Officers participating in the Excess Leave the convening authority approves the sen- active-duty careers. Program are still on active duty and main- tence, to have the option of having the mem- Currently, section 1065(a), enacted in 1990, tain their precedence on the active-duty list. ber’s retirement eligibility determined at gives the retired reservists the same priority They must maintain the high standards ex- the later point of the member’s discharge. as active-duty members. They, therefore, pected of commissioned officers. Although Section 622 would change section 1151, have preference over members who retired no officer has ever been permanently or tem- chapter 10 of title 10, United States Code. after serving on active duty for 20 years or porarily disabled while participating in the The changes would revise the legislation to more. This section amends the current sec- program, the possibility always exists that make it more compatible with lessons tion 1065(a) by revising the last sentence to such an event may occur. Any officer who learned from program implementation and correct this inequity. might become disabled while participating in operation. It would eliminate the restriction Enactment of this section will not result this program should be protected in the same on providing a stipend to ‘‘early retirees’’. in an increase in the budgetary requirements manner as members entitled to basic pay are Full retirees are authorized to receive the of the Department of Defense. stipend, but because the decision to offer Section 617 amends subsection (d) of sec- protected as mentioned above. Although the Excess Leave Program is the early retirement came after Troops to tion 501 of title 37, United States Code, to au- only program that now exists in the Depart- Teachers legislation, they were inadvert- thorize survivors of members of the uni- ment of Defense under the authority of sec- ently omitted as being eligible. It also aligns formed services to receive a payment upon tion 502(b) of title 37, this provision of law the obligation to teach for two years vice death of a member for all leave accrued. It permits the Secretaries of the military de- five years with the revised formula for reim- would take effect on October 1, 1996. partments to grant excess leave to individ- bursement which goes from five years to two Subtitle E—Other Matters uals who might participate in other edu- years. Finally, this proposal reduces the in- Section 620(a) amends section 1201 of title cational programs. Accordingly, the pro- centive grant from five years with a maxi- 10, United States Code; subsection 620(b) posed legislation would provide members of mum of $50K to two years and a maximum of amends section 1202 of title 10; and sub- the armed forces enrolled in such programs $25K. section 620(c) amends section 1203 of title 10. the same disability benefits that it would Section 623. Section 37 USC 411b(a)(1) pro- The purpose of this amendment is to extend provide members enrolled in the Excess vides for travel and transportation expenses disability coverage for persons granted ex- Leave Program. for members and their dependents who have cess leave under section 502 of title 37, Unit- The category of individuals for whom the been ordered to consecutive overseas tours ed States Code. Subsection (d) provides that legislation is intended is clearly distinguish- for the purpose of taking consecutive over- this amendment will take effect on the date able from those individuals who are not enti- seas tour (COT) leave. These expenses are re- of its enactment. tled to disability benefits under sections imbursed for an amount not to exceed what The purpose of section 620 is to provide 1201, 1202, and 1203 of title 10 because they it would cost the government to send the members of the United States Marine Corps are not entitled to basic pay for such reasons member to his/her home of record. This is an who are participating in an educational pro- as court-martial sentence or placement on important quality of life benefit. It allows gram leading to designation as a judge advo- excess leave to await administrative dis- members the opportunity to visit relatives cate while in an excess leave status under charge in lieu of trial by court-martial. and loved ones near their home of record in section 502(b) of title 37 the disability bene- Since an individual who would be protected the continental us before commencing an ad- fits under sections 1201, 1202, and 1203 of title by the legislation probably will serve a full ditional three year tour. This program has a 10 that accrue to servicemembers who are career on active duty in the armed forces, very positive impact on members. It en- entitled to basic pay. Servicemembers on ac- enactment of the legislation would be in the hances retention, improves morale, and re- tive duty for 30 days or more are entitled to best interests of both the individual and the duces the stress of long separations for mem- disability benefits under those sections of Government. bers who are serving on the front lines in de- law only if disabled while entitled to basic Since the proposed legislation is intended fense of their country. Few members could pay. Except as provided in section 502(b) of to provide protection to individuals who afford to make such a trip on their own. This April 16, 1996 CONGRESSIONAL RECORD — SENATE S3395 program also saves money because it reduces enrollees receive most care from network 104–106, February 10, 1996) that generally pro- the number of overseas moves that the Gov- providers, but in limited circumstances re- hibits prepaid abortions in overseas facili- ernment has to fund. ceive covered services from nonparticipating ties. Section 37 USC 411b(a)(2) allows a member providers (for example, emergency care). The Section 705 would replace section 1074a of to defer this travel for up to one year. The proposed revision provides authority that title 10, United States Code, in order clarify one year limitation is beneficial under nor- would also apply in another limited cir- the medical and dental care members of the mal circumstances because it ensures that cumstance: when enrollees are referred to a Reserve are entitled to while in a duty sta- commanders cannot indefinitely postpone non-network provider in cases in which no tus or traveling directly to and from their COT leave. However, this limitation becomes network provider is available (for example, duty location. The amendment defines the a problem for members participating in criti- for specialties in limited supply in certain entitlement to medical and dental care for cal operational missions such as contin- areas). Reserve component members in a specific gencies and humanitarian missions because Section 702 would establish new alter- military duty status and the authority to commanders have the authority to deny natives in cases of members of the Health continue such care until the member is re- leave for operational necessity. Currently, Professions Scholarship and Financial As- turned to full military duty, or if unable to Service members participating in Operation sistance Program who do not or cannot com- return to military duty, the member is proc- Joint Endeavor will lose their COT leave due plete their active duty service obligations. essed for disability separation in accordance to the one year limitation on eligibility. Under current law (10 U.S.C. 2123(e)), the with chapter 61 of title 10 U.S.C. It further clarifies that Reserve component members This provision will cure this problem. only available alternative is ‘‘assignment to on active duty, active duty for training, an- Also, with the increased number of contin- a health professional shortage area des- nual training, full-time National Guard Duty gencies and humanitarian missions that the ignated by the Secretary of Health and or traveling directly to or from such duty Department has been conducting since the Human Services.’’ This alternative has never may request continuation on Active duty end of the ‘‘Cold War’’ and is expected to been used because neither DoD nor the De- while hospitalized and that all members re- conduct in the future, this legislation will partment of Health and Human Services has an effective mechanism to administer such ceiving care are eligible to apply to receive have a much broader and beneficial impact. pay and allowances in accordance with sub- Deferring the one year limitation while an alternative obligation. Under the pro- posed section, there would be four options section 204 (g) and (h) of title 37 U.S.C. members participate in major operational Section 706 would amend sections 1074a, missions will enhance morale, reduce over- for alternative obligations for the member: (1) a reserve component assignment of a du- 1204 and 1481 of title 10, United States Code, seas moving costs, and provide commanders and sections 204 and 206 of title 37, United with the flexibility they need to conduct ration twice as long as the remaining active duty obligation; (2) service as a health pro- States Code by providing reservists perform- major operational missions. ing inactive duty training the same death fessional civil service employee in a facility Enactment of the legislative proposal will and disability benefits as active duty mem- of the uniformed services; (3) transfer of the not cause an increase in the budgetary re- bers. Although previous authorization bills active duty service obligation to an equal ob- quirements of the Department. have corrected some of the inequities, there ligation under the National Health Services Section 624 would authorize the Secretary are still instances when a reservist is not of Defense, in certain situations, to pay ci- Corps (similar to the probable intent of the covered for certain disability or death bene- vilian personnel of the Department of De- current authority); or (4) repayment of a per- fits if the occurrence happens after sign-out fense stationed outside the United States al- centage of the total cost incurred by DoD between successive training periods. This lowances and benefits comparable to those under the program equal to the percentage of proposal would extend death and disability paid to members of the Foreign Service or the member’s total active duty service obli- benefits to all reservists from the time they other government agencies which routinely gation being relieved, plus interest. Sub- depart to perform authorized inactive duty place personnel in foreign location assign- section (b) of the proposed provision would training until the reservist returns from ments. amend current law (10 U.S.C. 2114) to estab- that duty. Reservists who return home be- This section remedies an on-going problem lish extended service in the Selected Reserve tween successive inactive duty training days experienced by DoD civilian personnel and or as a civil service employee as alternatives would be covered portal to portal only. their families when on overseas assignment. to active duty service for graduates of the TITLE VIII—ACQUISITION AND RELATED The issues addressed include: travel for med- Uniformed Services University of the Health MATTERS Sciences who do not or cannot complete ical care when no suitable facility exists to Section 801. Repeal of chapter 142 of title provide medical care at the duty location, their active duty service obligations. Subsection (c) of the proposed section 703 10, United States Code, would end the re- travel of an attendant for the employee or quirement that the Department of Defense, would provide that the provision take effect family member who is too ill or too young to through the Defense Logistics Agency, ad- with respect to individuals who first become travel alone, rest and recuperation travel for minister the Procurement Technical Assist- members of the program or students of the employees and their families stationed at lo- ance Cooperative Agreement Program. Cur- University on or after October 1, 1996. Sub- cations designated by the Secretary of State rently, Procurement Technical Assistance for such travel, round trip travel in emer- section (d) would provide for a transition centers are providing services to many of the gency situations involving personal hard- under which, member already receiving (as same clients served by the Small Business ship. These benefits are detailed at title 22 of October 1, 1996) a scholarship or financial Administration’s Small Business Develop- U.S.C. § 4081. assistance or individuals who already are ment Centers. This has occurred because This provision also authorizes the Sec- students of the University, or for those al- Small Business Development Centers were retary to designate DoD employees stationed ready serving an active duty obligation offering procurement assistance to clients overseas as eligible for participation in the under the program or as a graduate of the before the Defense Logistics Agency began State Department health care program de- University, the applicable alternative obliga- the Procurement Technical Assistance Coop- scribed at title 22 U.S.C. § 4084. tions would be available, but only with the erative Agreement Program in 1985 and there The enactment of this Bill will affect the agreement of the member. is no restriction on awarding Procurement Section 703 would facilitate a continuation current administrative guidance contained Technical Assistance Cooperative Agreement of the long-standing practice of assignment in the State Department Foreign Affairs Program funding to Small Business Develop- of a number of Public Health Service (PHS) Manual (3 FAM 680 and 681.1). No judicial, ex- ment Centers. Since 1985, the Procurement officers to duty in the Department of De- ecutive or Administrative provisions would Technical Assistance Cooperative Agreement fense (DoD). Such officers have served with be overturned or affected by this change. Program has evolved from a Department of distinction in DoD, including with the Office Minor modifications may have to be made to Defense-only program to one that encour- of the Assistant Secretary of Defense (Health the State Department Foreign Affairs Man- ages Procurement Technical Assistance cen- Affairs) and the Joint Staff. However, tight- ual as stated above. ters to assist businesses desiring knowledge ening PHS officer end-strength limitations on the methods for selling to any federal, TITLE VII—HEALTH CARE PROVISIONS now jeopardize these arrangements. The pro- state or local government agency, which is Section 701 would revise the amendment vision would permit the exclusion from PHS clearly a Small Business Development Cen- made by section 731 of the National Defense end-strength limitation of the PHS officers ter function. As a result, the Defense Logis- Authorization Act for Fiscal Year 1996 to assigned to DoD. This provision is modeled tics Agency has incurred staffing costs to section 1079(h) of title 10, United States after 42 U.S.C. section 207(e), which excepts award and administer cooperative agree- Code. The proposed revision is needed to per- up to three flag officers assigned to DoD ments for a service that is already, or could mit health care providers who are not par- from the PHS flag officer limitation. easily be, provided and managed by the ex- ticipating in the TRICARE network to be Section 704 would repeal section 1093 of isting Small Business Development Center paid higher amounts than now permitted by title 10, United States Code, which prohibits organization of more than 900 offices operat- section 1079(h) in the limited circumstances using funds available to the Department of ing in all 50 states. in which they might provide care to Defense to perform abortions except where A key goal of the Federal Acquisition TRICARE Prime enrollees. This revision the life of the mother would be endangered if Streamlining Act of 1994 and other acquisi- would have the important effect of protect- the fetus were carried to term. This section tion reform initiatives is to resolve the dif- ing TRICARE Prime enrollees from ‘‘balance also would repeal the provision enacted by ferences between Department of Defense ac- billing’’ by such providers. As is standard for section 738 of the National Defense Author- quisition procedures and other federal agen- Health Maintenance Organizations (HMOs), ization Act for Fiscal Year 1996 (Public Law cy procedures and commercial procedures. S3396 CONGRESSIONAL RECORD — SENATE April 16, 1996 At this time, the descriptions of Procure- by this initiative will not exceed the amount use the procurement procedures of chapter ment Technical Assistance Cooperative already allocated. 137 of title 10, United States Code, in carry- Agreement Program functions are essen- Section 804 would extend the authority to ing out this authority, but in the procure- tially the same as procurement-related enter into prototype projects under section ment of such supplies and services the Sec- Small Business Development Center func- 845 until September 30, 1999. It would expand retary may limit the place of performance to tions. If the Small Business Administration use of the authority to the Military Depart- the location where such supplies or services is funded by Congress, the programs may be ments and other defense components des- are being provided by federal government merged and acquisition streamlining may be ignated by the Secretary of Defense. It would personnel. This proposal would overcome ex- achieved without a loss of services to busi- authorize the Secretary of Defense to deter- isting statutory encumbrances on privatiza- nesses in need of assistance or advice on mine procedures for determining whether to tion. It also would facilitate privatization in marketing of their services. Additionally, conduct a follow-on production program to a place, thereby reducing the impact on af- cost savings would be realized due to the de- prototype project and prescribe the acquisi- fected federal government employees. tion procedures applicable to such follow-on creased administrative and oversight costs. TITLE IX—DEPARTMENT OF DEFENSE acquisition. It would clarify that use of this The Department of Defense Inspector Gen- ORGANIZATION AND MANAGEMENT eral is scheduled to issue a report which will authority is for the conduct of acquisition recommend that program responsibility for experiments and vest maximum flexibility in Subtitle A—General Matters the Procurement Technical Assistance Coop- the component exercising the authority. Section 901 is a technical amendment to erative Agreement Program be moved from These changes do not authorize any new pro- reflect the proper title of the United States the Department of Defense to the Small grams but impact the procedures under Element, North American Aerospace Defense Business Administration. This report will which approved prototype projects and fol- Command. It is consistent with the 1991 also recommend that Congress not fund the low-on acquisition programs may be exe- amendment to section 166a(f) of title 10, Defense Logistics Agency for administration cuted. While the flexibility provided by these United States Code. Subsection (a) of the of the Procurement Technical Assistance Co- programs may result in budget savings they amended provision states the name of the operative Agreement program, but instead, cannot be determined at this time. command as the North American Air Defense add sufficient funding to the Small Business Section 805 would repeal the Congressional Command in each of its three paragraphs. It Administration’s budget to ensure that con- reporting requirements applicable to agree- is noted once in each paragraph. If enacted, tinuation of procurement assistance at ments entered into under the authority of the proposal will not increase the budgetary Small Business Development Centers in all section 2371, title 10, United States Code. requirements of the Department of Defense. 50 states and the District of Columbia, espe- Section 2371 is reorganized by removing au- Section 902 would amend section 172(a) of cially in counties with high rates of unem- thority concerning cooperative research and title 10, United States Code, to permit quali- ployment. development agreements entered into by fed- fied civilian employees of the Federal gov- We have conferred with the Director of erally funded research and development cen- ernment to serve as board members on the Small and Disadvantaged Business Utiliza- ters and reenacting such authority in a sepa- ammunition storage board which is cur- tion, who strongly supports this initiative. rate section. Business and technical informa- rently named the Department of Defense Ex- He has discussed the issues with and received tion submitted to the Department on a con- plosives Safety Board. Section 172(a) cur- favorable reaction from appropriate officials fidential basis in order to obtain or perform rently limits the board membership to ‘‘offi- within the Small Business Administration. a cooperative agreement or other trans- cers’’ who, in accordance with the definition Section 802 clarifies the authority for action will be exempted from public disclo- set forth in section 101(b)(1), must be com- requestioning and lease of General Services sure for five years. Deletion of the reporting missioned or warrant officers and not civil- Administration motor vehicles for use in the requirement will result in a small but unde- ian employees. This limitation restricts the training and administration of the National termined budgetary savings. Secretaries of the military departments Guard. The United States property and Fis- Section 806 would correct a technical flaw from selecting the most qualified person cal Officer for each state or other jurisdic- in the law that prevents payment of valid available to represent their departments. In tion would be identified as the requisitioning contractor invoices properly chargeable to the area of explosive safety, expertise and authority for leasing vehicles to be furnished line-item appropriations canceled by the Ac- corporate continuity invariably reside in De- to the state National Guard. Such use of count Closing Law when the Corresponding partment of Defense civilian personnel. To GSA vehicles has been made for many years. line-item is discontinued in subsequent cur- ensure the Secretaries of the military de- This provision would provide a clear statu- rent appropriations acts. For example, the partments have the flexibility to be rep- tory basis for this practice. Department currently lacks the legal au- resented by the most qualified professional Section 803 would conform the period es- thority to pay such invoices incurred for the available, the option to select civilian board tablished for mentors to provide devel- FFG ship program because of the line-item members is imperative. opmental assistance under the program to nature of the Shipbuilding and Conversion, Section 903 would remove the Secretary of the revised period established for new admis- Navy (SCN) account and the absence of a the Army from membership on the Foreign sions into the program. current FFG line item. Existing law at 31 Trade Zone Board. The Department of the Section 824 of the FY 1996 Defense Author- U.S.C. 1553 (b)(1) states; Army has been involved in the Foreign Trade ization Act provided a one year extension to ‘‘. . . after the closing of an account Zone Board since passage of the Foreign the period for eligible businesses under the under section 1552(a) of 1555 of this title, ob- Trade Zone Act in 1934. At that time, most Mentor-Prote´ge´ Program to enter into new ligations and adjustments to obligations import-export trade was through waterborne agreements. This was the second extension that would have been properly chargeable to commerce, and, because of the Corps of Engi- to the entry period, a prior one year exten- that account, both as to purpose and in neers navigation role in harbor development, sion having been provided in the FY 1994 De- amount, before closing and that are not oth- the Secretary of the Army was made a mem- fense Authorization Act. The current ending erwise chargeable to any current appropria- ber of the Board. date for entry into the program is 30 Septem- tion account of the agency may be charged Although there may have been good ra- ber 1996. to any current appropriation account of the tionale for Army involvement in 1934, the na- While the period for entry into the pro- agency available for the same purpose.’’ (Em- ture of the zone activities has since changed. gram has been extended, no similar revision phasis added) More frequently, foreign trade zones (FTZ) has been made to the date established for For line-item appropriation accounts like are being established away from deep water ending the period during which mentors may SCN, this means that payments from a can- ports in favor of land border crossings and incur costs furnishing developmental assist- celed account may only be charged to the airports. In addition, current FTZ issues ance under the program, currently also 30 corresponding ship line-item account cur- usually involve trade policy, customs collec- September 1996. For the objectives of entry rently available for new obligations. If a cur- tion, competition among domestic indus- period extensions to be met, a conforming rent shipbuilding program no longer exists, tries, and the impact of proposed zones on two year revision to the period authorized there is no longer a source of funds ‘‘avail- existing businesses, rather than matters of for mentors to incur costs is also required. able for the same purpose.’’ interest to the Corps of Engineers, such as Section 807 restates the policy of 10 U.S.C. This revision is needed to allow for the es- engineering, construction, and environ- 2462 to rely on the private sector for supplies tablishment and execution of meaningful mental impacts. and services necessary to accomplish the agreements between the potential mentors While this proposal would minimize in- functions of the Department of Defense. The and proteges. Likewise, without this revi- volvement of the Department of the Army provision authorizes the Secretary of De- sion, the extension of the period for entry and the Corps in routine FTZ activities, the fense, notwithstanding any provision of title into the program is of little value to poten- Corps would still be available to lend its ex- ´ ´ 10, United States Code, or any statute au- tial mentor-protege agreements, if the pe- pertise in engineering, construction, and en- thorizing appropriations for or making ap- riod of time the mentor can incur costs is vironmental related issues on a case-by-case propriations for, the Department of Defense, also not extended. basis. The Department has budgeted and allo- to acquire by contract from the private sec- cated $30 million to spend on costs incurred tor or any non-federal government entities, Subtitle B—Financial Management through September 30, 1996, but the full commercial or industrial type supplies and Section 910 would modify the authorization amount of these costs will not be incurred services to accomplish the authorized func- and appropriation of the Environmental Res- until September 30, 1998. The costs incurred tions of the Department. The Secretary shall toration, Defense Account. As proposed, the April 16, 1996 CONGRESSIONAL RECORD — SENATE S3397 legislation would change the existing au- operated military banking facilities are not training component of the Partnership for thorization of one central transfer account available. Peace program. By revising the authority of by providing additional transfer accounts for Italy and Spain historically have not per- section 1595, the English Language Center each of the Military Departments. The legis- mitted U.S. military banking facilities to will be allowed, as the Foreign Language lation would also provide for the direct ap- operate within their borders. Although cer- Center, National Defense University, and propriation of Environmental Restoration tain U.S.-chartered Federal credit unions George Marshall Center currently are al- funds into these newly established transfer have been allowed to operate branches in lowed, to establish a personnel system that accounts. those countries at the invitation of the DoD, truly meets their need to establish job series The proposed legislation is required to im- often they have obtained operating cash that correspond with their mission and to plement the Department’s decision to de- through DoD disbursing officials. That prac- compensate faculty accordingly. volve the Environmental Restoration Pro- tice must be discontinued because it has There are no cost implications with this gram to the Military Departments. Devolv- been determined to be beyond the scope of amendment. ing the account to the Military Departments the disbursing official’s authority under title Section 1011 would amend section 1595, will involve them more directly in validating 31 of the United States Code. title 10, United States Code, to authorize the the cleanup efforts and balancing the clean- U.S.-chartered Federal Credit union Asia-Pacific Center for Security Studies to up program with other military require- branches in Italy and Spain currently pro- employ and compensate its civilian faculty, ments in the budget preparation. vide the most comprehensive and accessible including the Director and Deputy Director. Section 911 would amend chapter 31 of title U.S.-style retail financial services for mili- The proposal would authorize the Sec- 10, United States Code, to authorize the ex- tary installations in those countries. With- retary of the Defense to appoint, administer penditure of appropriated funds to provide out these credit unions, military and civilian and compensate the civilian faculty of the small meals and snacks at recruiting func- personnel assigned in Italy and Spain might Asia-Pacific Center for Security Studies. tions for members of the Delayed Entry Pro- be denied U.S.-style retain financial services. The National Defense University (10 U.S.C. gram, others who are the subject of recruit- Accordingly, this is a significant and urgent 1595), United States Naval Academy (10 ing efforts for the reserve components, influ- quality-of-life issue. Although title 31 cur- U.S.C. 6952), the United States Military Academy (10 U.S.C. 4331), the United States ential persons in communities who assist the rently authorizes disbursing officials to cash Air Force Academy (10 U.S.C. 9331), the military departments in their recruiting ef- checks and provide exchange services for Naval Postgraduate School (10 U.S.C. 7044), forts, military and civilian personnel whose Government personnel, those services do not the Naval War College (10 U.S.C. 7478), the attendance at such functions is mandatory, approach the range of services the credit Army War College (10 U.S.C. 4021), the Air and other persons whose presence at such unions can provide. Furthermore, Service re- University (10 U.S.C. 9021) and the George C. functions will contribute to recruiting ef- sources already are stretched to such an ex- Marshall European Center for Security Stud- forts. The primary persons who will attend tent that generally it is not feasible to de- ies (10 U.S.C. 1595) have such authority for recruiting functions where small meals and vote disbursing officials to the enormous their civilian faculty. snacks will be provided are persons in the task of cashing checks for individuals. It is The Asia-Pacific Center for Security Stud- Delayed Entry Program and reserve compo- more efficient simply to sell cash to the ies is a new institution chartered by the Sec- nent recruiting programs. The authority will credit unions and allow them to provide re- retary of Defense to be under the authority, be used sparingly and the cost is neglegible. tail financial services. direction and control of the Commander in These recruiting functions result in more This amendment is of equal import to each Chief, U.S. Pacific Command. The center’s motivated recruits, decreased attrition in of the services in order to maintain acces- mission is to facilitate broader understand- the programs while recruits finish school, sible banking services on all installations ing of the U.S. military, diplomatic, and eco- and referral sources for future recruits. overseas. nomic roles in the Pacific and its military TITLE X—GENERAL PROVISIONS Section 1005. Subsection (a) of this section and economic relations with its allies and Subtitle A—Financial Matters amends section 204(b)(4) of the Defense Au- adversaries in the region. The center will thorization Amendments and Base Closure Section 1002. Section 2608 of title 10, United offer advanced study and training in civil- and Realignment Act (title II of Public Law States Code, (the Defense Cooperation Ac- military relations, democratic institution 100–526, as amended; 10 U.S.C. 2687 note) by count) currently authorizes the acceptance and nation building, and related courses to replacing the reserve account established in of contribution of money and real or per- members of the U.S. military and military the United States Treasury with the Com- sonal property for any defense purpose. The members of other Pacific nations. The mis- missary Surcharge Fund or a Department of amendment would allow the United States to sion of this critically important and innova- Defense nonappropriated fund account des- accept housing or other services on the same tive center will require first-rate faculty and ignated by the Secretary of Defense, as ap- basis that real or personal property now can scholars with international reputations. plicable. It also eliminates the requirement be accepted. Under current legislation and authority Section 1003 would amend section 101(b) of for an advance appropriation before funds available to the Commander in Chief, U.S. the Sikes Act (16 U.S.C. 670a) to authorize placed in this account are expended. Pacific Command, civilian faculty for the Subsection (b) of this section makes con- the transfer of fees collected on a military Asia-Pacific Center for Security Studies forming amendments to section 2906 of the installation for hunting and fishing permits. must be appointed, administered and com- Defense Base Closure and Realignment Act Under the Act, the Secretary of Defense is pensated under title 5, United States Code. of 1990 (part A of title XXIX of Public Law authorized to carry out a program involving This means the faculty must be classified 101–510, as amended; 10 U.S.C. 2687 note). wildlife, fish, game conservation and reha- under the General Schedule (GS) and recruit- Subsection (c) of this section makes con- ment and compensation must be limited to bilitation for each military reservation in forming amendments to section 2921 of the GS grade, occupational series, and pay rates. accordance with a cooperative plan mutually National Defense Authorization Act for Fis- However, the GS grading system does not agreed upon by the Secretary of Defense, the cal Year 1991 (Public Law 101–510, as amend- meet the needs of the traditional academic Secretary of Interior, and the appropriate ed; 10 U.S.C. 2678 note). ranking system wherein faculty members state agency. The plan may authorize com- Subsection (d) of this section defines the earn and hold rank based on educational ac- manding officers of reservations to act as term ‘‘proceeds’’ to be consistent with the complishment, experience, stature and other agents of the state concerning and collect amount currently available for expenditure related academic and professional endeavors. fees for state hunting and fishing permits. for the Base Closure and Realignment ac- The GS grading system also does not allow The fees would be retained locally and used count without further appropriations action. the center to hire non-U.S. citizen academics only for conservation and rehabilitation pro- Subtitle B—Civilian Personnel from international institutions. Legislation grams agreed to under the plan. Subsection is required for the Commander in Chief, U.S. Section 1010 would amend section 1595(c) of (b)(4)(B) of the Sikes Act provides that the Pacific Command to utilize title 10 excepted Title 10, United States Code, to add a new fees collected may not be expended except service authority to appoint, administer and paragraph (4) to include the English Lan- for the installation on which the fees were compensate the center’s civilian faculty. collected. Many military installations are guage Center of the Defense Language Insti- Section 1595, title 10, United States Code now being closed and the Act does not ad- tute. This would have the effect of correcting provides for employment and compensation dress the disposition of fees that have been an earlier omission (the English Language of civilian faculty at certain Department of collected for these installations. This section Center should have been added with the For- Defense schools. There is no provision for ci- would authorize the transfer of those fees to eign Language Center) and allowing the Sec- vilian faculty of the Asia-Pacific Center for another open installation for the conserva- retary of Defense to employ civilians and Security Studies. tion and rehabilitation purposes expressed in prescribe faculty compensation. The English The proposed legislation provides excepted the Act. The section would impact on Treas- Language Center currently is severely re- service authority for appointing, administer- ury receipts. The funds are modest but valu- stricted in classifying job positions and pro- ing and compensating the civilian faculty of able on individual military installations. viding appropriate faculty compensation. the Asia-Pacific Center for Security Studies. Section 1004 would amend section 3342 of This is having an adverse impact upon our Enactment of this legislation will not in- title 31, United States Code, to allow DoD ability to recruit, develop and retain Eng- crease the budgetary requirements of the De- disbursing officials to cash checks for U.S. lish-as-a-second-language instructors in ful- partment of Defense. Federal credit unions operating at DoD invi- fillment of the DoD security assistance mis- Section 1012. Currently, article 143(c) of the tation in foreign countries where contractor- sion, to include the key English language Uniform Code of Military Justice (10 U.S.C. S3398 CONGRESSIONAL RECORD — SENATE April 16, 1996 943(c)) authorizes the United States Court of The Annual Report to Congress provides the cognizant DoD administrative contract- Appeals of the Armed Forces to make ex- congressional committees with an assess- ing officers must request, review, assemble, cepted service appointments to attorney po- ment of the progress of the Ballistic Missile and forward these data through their respec- sitions in the same manner as appointments Defense Organization (BMDO) in fielding a tive chains of command; the Defense Con- are made to other executive branch positions ballistic missile defense and a road map that tract Audit Agency must validate the data of a confidential or policy-determining char- BMDO intends to follow for the future. The submitted; and the Secretary of Defense’s acter. This proposal would extend the au- statutory provision, which prescribes an An- staff must consolidate this large amount of thority to cover appointments to non-attor- nual Report, requires the BMDO to report on data into the summary report provided to ney positions established in a judge’s cham- actions that are no longer pertinent to the Congress. We estimate that more than 20,000 bers which presently are made under the direction of the BMD program and the cur- hours of contractor and DoD effort were re- Schedule C, excepted service authority of 5 rent world situation. This proposed legisla- quired to prepare the Department’s February C.F.R. 213.3301 for positions of a confidential tion would amend those requirements to re- 6, 1995 report. or policy-determining character. This would flect the current mission of BMDO. In addition, the summary data provided to consolidate the court’s appointing authori- Sections 224(b)(3) and 224(b)(4) require that Congress in the February 6, 1995 report did ties and eliminate the administrative efforts the Annual Report to Congress detail objec- not show large amounts of contractor envi- currently required to obtain U.S. Office of tives for the planned deployment phases and ronmental response action costs being reim- Personnel Management approval for any new the relationships of the programs and bursed on DoD contracts. For overhead rate or changed position in a judge’s chambers. projects to the deployment phases. The de- proposals settled in FY93, the DoD share of As a note, Schedule C authority is automati- ployment phases were germane when the SDI such costs was approximately $6 million for cally revoked upon vacancy, thereby requir- was developing a system to be fielded in that year’s top 100 defense contractors; while ing approval of both the position establish- phases, with each phase (after phase 1), de- for FY94 settlements, the comparable figure ment and appointment. signed to offset expected Soviet counter- was approximately $23.6 million—with $17.9 Under this proposal, the United States measure and add to U.S. ballistic missile de- million of that being attributable to the set- Court of Appeals for the Armed Forces could fensive capabilities. The current focus of the tlement of a single long-standing, multi year make appointments to attorney positions es- BMDO program is to field improve theater dispute at one contractor location. tablished in the court and to non-attorney missile defense systems and maintain a tech- Section 1023 would repeal the requirement positions established in a judge’s chambers. nology readiness program for contingency at 10 U.S.C. 2391 note (Section 4101 of Public The non-attorney positions established in a fielding of a national missile defense. The Law 101–510) that the heads of appropriate judge’s chambers would include such posi- concept of phased additions to offset Soviet Federal agencies promptly notify the appro- tions as personal and confidential assistant, countermeasures and provide large incre- priate official or other person or party that secretary, paralegal, and law student intern mental improvements to U.S. ballistic mis- may be substantially and seriously affected which provide direct, confidential support to sile defense capabilities no longer exists. as a result of defense downsizing. This provision requires that notices be a judge These positions are relatively small Section 224(b)(7) requires an assessment of sent to a long list of officials, persons or in number (i.e., typically would not include the possible Soviet countermeasures to the other parties if: (1) the annual budget of the other non-attorney positions outside a SDI programs. With the demise of the Soviet President submitted to Congress, or long- judge’s chambers for which employment in Union and the shift in focus of the BMD pro- term guidance documents, or (2) public an- the competitive service remains appropriate. gram to fielding theater missile defense sys- nouncements of base or facility closures or The proposal is cost neutral since the admin- tems, this requirement is no longer applica- realignments, or (3) cancellation or curtail- istrative paperwork in terms of the number ble. Section 224(b)(9) and 224(b)(10) require de- ment of a major contract will have a serious of positions envisioned is not significant; and substantial affect. Determining every however, a more timely and streamlined tails on the applicability of SDI technologies to other military missions. The missions ad- community, business and union that may be process will result. significantly adversely affected by any of Section 1013. Section 1032 of the National dressed have largely become the primary these actions is almost impossible to accom- Defense Authorization Act for Fiscal Year focus of BMDO and reporting how SDI tech- plish. The information does not exist to de- 1996 (Public Law 104–106; 110 Stat. 429) re- nologies could be applied to other military termine every city, county, state, company quires the Secretary of Defense to convert missions is no longer relevant. These two and union that may be significantly ad- 10,000 military positions within the Depart- subparagraphs should be repealed, as they versely affected by any action taken under ment of Defense to civilian positions. A mili- are redundant with reporting the status of one of the three categories listed in the law. tary position is one noted as being author- today’s BMD. In addition, recipients may be unnecessarily ized to be filled by a member of the Armed Enactment of the proposed legislation will confused by potentially incorrect notices be- Forces on active duty. not result in any increase in budgetary re- cause the budget of the Department that is The Secretary of Defense is cognizant of quirements. Our analysis of the costs in- passed by the Congress is very different from his management requirements and of the curred and the benefits derived is that this the budget that the President submits. Also, costs of military personnel vis a vis civilian legislation is budget neutral. the Department can not predict the actions personnel. Because of the unique activities Section 1022 would repeal the requirement that every company or community may take and operations of the Department of Defense, at 10 U.S.C. 2706(c) for the Department to in response to Congressional funding deci- many positions require the skills, experi- submit an annual report to Congress on its sions. One budget action may have offsetting ence, and knowledge of members of the reimbursement of environmental response affects of another budget action and only the Armed Forces. The Department has an opti- action costs for the top 100 defense contrac- community or the company will be able to mum balance of military and civilian man- tors, as well as on the amount and status of determine a best course of action. The deci- power in its current structure, and any non- any pending requests for such reimburse- sion not to fund military construction in one programmatic numerical adjustment will ment by those same firms. The Department recommends repeal of this community versus another may have an ad- only serve to upset that balance. statutory reporting requirement because the verse employment affect. Attempting to Subtitle Miscellaneous Reporting data collected are not necessary, or even make these determinations means that some Requirements helpful, for properly determining the notices may be sent incorrectly for events Section 1020 would amend Section allowableness of environmental response ac- that never happen and some places and 10541(b)(5)(A) of Title 10, United States Code, tion costs on Government contracts. More- groups will be left out—both events causing to delete the requirement to break out the over, the Department does not routinely col- considerable unnecessary stress and disrup- full war-time requirement of each item of lect data on any other categories of contrac- tion to the cities, towns, companies, families equipment over successive 30-day periods fol- tor overhead costs. As a minimum, if repeal and individuals that receive them. The in- lowing mobilization. The requirement to is not feasible, the law should be amended to tent to provide places and people with ad- show the full war-time requirement and in- limit data collection to the top 20 defense vance notice and information about Defense- ventories of each item of equipment will re- contractors, which would still capture most prompted employment declines can not be main in law. Under current war planning environmental response action cost reim- accomplished fairly and equitably by this re- methodology to respond to multiple major bursements by DoD. quirement and therefore, should be repealed. regional contingencies, a fixed approach em- This reporting requirement is very burden- This section would also repeal the notifica- ploying 30-day increments is no longer appli- some on both DoD and contractors, diverting tion requirement (section 4201 of Public Law cable. In the post-Cold War environment, the limited resources for data collection efforts 101–510) that the Secretary of Defense pro- requirement for flexible design and employ- that do not benefit the procurement process. vide the Secretary of Labor information on ment of responses renders rigid 30-day incre- Not only are there 100 different firms in- any proposed installation closure or substan- ment planning out of date. volved, but for most of these contractors, tial reduction, any proposed cancellation of Section 1021. The purpose of the proposed data must be collected for multiple locations or reduction in any contract for the produc- legislation is to amend the statutory re- in order to get an accurate company-wide tion of goods or services for the Department quirement for an Annual Report on Strategic total. Contractor personnel at these numer- of Defense if the proposed cancellation, clo- Defense Initiative (SDI) programs to reflect ous locations must collect the required data sure, or reduction will have a substantial im- the current Ballistic Missile Defense (BMD) (which is not normally categorized in this pact on employment. The current require- mission. fashion in contractor accounting systems); ment is that large prime or subcontractors April 16, 1996 CONGRESSIONAL RECORD — SENATE S3399 notify the Department of Defense whenever a Subsection (c) amends section 2505 of title Force owned chimpanzees, it is impractical downsizing action of the Department will 10, establishing specific requirements for De- to remove the laboratory from the base at have a substantial and serious adverse em- partment of Defense technology and indus- this time. ployment impact. This is a burden to the De- trial capability assessments. In particular, it The Air Force has not had a requirement partment and its contractors. requires the Secretary of Defense to prepare for its chimpanzees for at least two decades Since the requirement to implement this selected assessments through fiscal year 1998 but has had no significant expenses in main- provision has been in place in the Federal to attain national security requirements, taining them because they were maintained Acquisition Regulations in 1992, there have and describes the scope of the required as- by the operating contractor at no cost to the been only four notifications made by con- sessments. This subsection also requires that Air Force. The contractor used them for sci- tractors. The requirements of the law are such assessments be fully integrated into the entific and medical research and as part of confusing, overlapping, and narrowly de- Department’s resource planning guidance. the National Institutes of Health breeding fined. Many worker reductions are not in re- Subsection (d) amends section 2506 of title program for chimpanzees. The breeding pro- sponse to Department of Defense actions but 10 to substitute revised language which re- gram is responsible for the growth in the Air rather are as a result of the overall quires the Secretary of Defense to issue guid- Force owned population over the years. downsizing of the defense industry. Many ance to achieve national security require- The current lease provides that any chim- contractors have multiple contracts with the ments. It also requires Departmental senior- panzees born to Air Force owned animals Department of Defense. Although some con- level oversight to ensure technological and will become the property of the lessee, not tracts may be canceled, others may be in- industrial issues are integrated into key the Air Force. Consequently the Air Force creasing thereby offsetting the adverse af- budget decisions. Finally, it requires a De- population will not grow; however, the long fects of a particular cancellation. Only the partment report to Congress on its imple- life of chimpanzees will guarantee the colony company can make the decisions about nec- mentation of industrial base policy. will survive for decades to come. The legisla- essary work force requirements. Such deci- Subsection (e) adds a new section 2508 to tion will remove a substantial liability to sions often are not tied to a specific action title 10 which requires an annual report to the Government. The chimpanzees, because such as a particular cancellation. The statu- Congress, for 2 years commencing March 1997 of their general age and past use in research, tory requirement is not resulting in the ad- to enable Congress to monitor technology have no significant value as a colony. Esti- vance notice requirements being made re- and industrial issues. The report would in- mates the Air Force has received indicate garding layoffs. clude descriptions of the Department’s pol- that the only alternative to continuing their Subtitle D—Matters Relating to Other icy guidance, the methods and analysis used current use is to retire them presumably at Nations to address technological and industrial con- Government expense. The cost of such retire- Section 1025 would change section 401 of cerns, and assessments used to develop the ment has been estimated from tens of mil- title 10, United States Code, to authorize the Department of Defense’s annual budget; it lions of dollars up to $100,000,000.00. Never- Department of Defense to: would also identify any programs designed to theless, if a qualified and capable offeror is To use funds appropriated for Overseas Hu- sustain essential technology. willing to assume the care and maintenance manitarian, Disaster, and Civic Aid to cover Subsection (f) amends section 2514 of title of the chimpanzees and the facilities, at no the costs of travel, transportation and sub- 10 to remove the requirement for the Sec- cost to the Air Force, there is no reason to sistence expenses of personnel participating retary of Defense to coordinate the program refuse such an entity the option to compete in such activities and to procure equipment, to encourage diversification of defense lab- for the facilities and chimpanzees. supplies and services in support of or in con- oratories with the National Defense Tech- Subsection (a) of this section authorizes nection with such activities. nology and Industrial Base Council. the Secretary of the Air Force, on a competi- To transfer to foreign countries or other Subsection (g) amends section 2516 of title tive basis and without regard to the require- organizations equipment, supplies, and serv- 10 to place the responsibility with the Sec- ments of the Federal Property and Adminis- ices for carrying out or supporting such ac- retary of Defense for establishing the Mili- trative Services Act of 1949, to dispose of, at tivities. tary-Civilian Integration and Technology not cost, all interests the Government has in Such changes would allow the Department Advisory Board. the primate research complex and Air Force of Defense to continue to carry out its hu- Subsection (h) amends section 2521 of title owned chimpanzees located at or managed manitarian demining program, one of the 10 by removing subsection (b) which refers to from Holloman Air Force Base. The underly- unified commanders’ most visible and cost- the relationship of the National Defense ing real property is excluded from transfer. effective peacetime activities. The program Manufacturing Technology Program to the The laboratory was largely built with Gov- is particularly important given the world- National Defense Technology and Industrial ernment grant funds. The current lessee and wide attention that has been focused on Base Plan. operator of the laboratory is the Coulston, landmines and the need to remedy their ef- Subsection (i) makes conforming repeals of Foundation, a not-for-profit entity. The lab- fect on civilian populations in affected coun- sections 4218, 4219, and 4220 of the National oratory’s location within the Base makes it tries. Defense Authorization Act for Fiscal Year impractical to create a privately owned en- Subtitle E—Other Matters 1993 (Public Law 102–484; 106 Stat. 2315). clave inside the Base boundaries by Section 1030. The Department strongly Subsection (j) makes clerical amendments. excessing the underlying real property. supports the policy objectives of Chapter 148, Section 1031 would amend Title II, Section Subsection (b) conditions the conveyance National Defense Technology and Industrial 204(b) of the Defense Authorization Amend- by requiring the recipient to utilize the Base, Defense Reinvestment, and Defense ments and Base Closure and Realignment chimpanzees for scientific research, medical Conversion. As noted in Industrial Capabili- Act of 1988 (Title II of Public Law 100–526, research, or retirement of the chimpanzees ties for Defense, forwarded to Congress on U.S.C. 2687 note), as amended by Title XXIX and provide adequate care for the chim- September 29, 1994, the Department has initi- of the National Defense Authorization Act panzees. The Air Force owned chimpanzees ated a coordinated effort to identify and ana- for Fiscal Year 1994, Public Law 103–160 by were originally obtained and later bred for lyze industrial concerns, and ensure tech- restoring inadvertently eliminated provi- scientific and medical research and the new nology and industrial issues are effectively sions of then-subparagraph (3), which in con- facility was funded for continuation of these integrated into its key budget, acquisition, siderably more extended language provided purposes. and logistics processes. However, the Depart- the Defense Department the basic authority Subsection (c) provides standard language ment believes that the objectives of Chapter for inter Service and similar transfers of real for a survey to establish the legal descrip- 148 would best be met by performing the and personal property. The 1994 deletion tion of the property conveyed. analyses and establishing only the organiza- from the 1988 Act was an inadvertent tech- Subsection (d) provides the standard lan- tions necessary to support the Department’s nical legislative drafting error. guage that the Secretary may require such key budget, acquisition, and logistics proc- Section 1032. A primate research complex additional terms as necessary to protect the esses. Therefore, the Department is propos- has existed at Holloman Air Force Base for interests of the United States. ing the following changes. several decades. It originated as an Air Force Section 1033 would amend section 172 of the Subsection (a) amends section 2502 of title laboratory supporting the named space pro- National Defense Authorization Act for Fis- 10 by revising the responsibilities of the Na- gram which is what generated the require- cal Year 1993. Section 172 requires the Sec- tional Defense Technology and Industrial ment for chimpanzees. It was later operated retary of the Army to establish a Chemical Base Council (NDTIBC) to conform to our under contract. The complex consists of a Demilitarization Citizens Advisory Commis- proposed amendments to section 2505 below. number of buildings and facilities located sion for each State in which there is a low- Subsection (b) amends section 2503 of title generally on two separate but relatively volume chemical weapons storage site and 10 by deleting various references to the Na- close sites on the base. The main structure for any State with a chemical storage site tional Defense Technology and Industrial and the center of the complex is the recently other than a low-volume site, if the estab- Base Council and section 2506 periodic plans; completed facility constructed with lishment of such a commission is requested (2) deleting subsections (a)(2), (a)(3) and (a)(4) $10,000,000.00 in federal grant money provided by the Governor of the State. The Secretary dealing with administration of the National through the General Services Administra- must provide a representative to meet with Defense Program for Analysis of the Tech- tion. Virtually all the chimpanzees are the commissions to receive citizen and State nology and Industrial Base and coordination housed in the new facility. Because the facil- concerns regarding the Army’s program to requirements; and (3) deleting subsection (b) ity is only a few years old, and because there dispose of lethal chemical agents and muni- dealing with supervision of the program. is no other available facility to house the Air tions. S3400 CONGRESSIONAL RECORD — SENATE April 16, 1996 Currently, section 172 requires the rep- services in this area and be less confusing to mandates, it does this by (1) providing appro- resentatives to be from the Office of the As- the civilian community. It will eliminate priate defense education; (2) conducting re- sistant Secretary of the Army (Installations, litigation, especially in cases involving wills. search on security issues relevant to the Logistics and Environment). However, that Subsection (b) would ratify notarial acts task; (3) holding conferences and seminars on office no longer has the responsibility for performed prior to the date of enactment of appropriate issues; (4) providing Foreign this program. That amendment will allow this section by persons authorized notarial Area Officer (FAO) and language training; the Secretary of the Army to designate the powers under this amendment, provided such and (5) supporting NATO activities which are representative to meet with the commissions acts have not been challenged or negated in directed toward the same end. from the office with current responsibility a formal proceeding prior to the date of en- To execute its mission, the Marshall Cen- for the program, the Office of the Assistant actment. ter conducted programs through three oper- Secretary of the Army (Research, Develop- Section 1036 would shift the office of pri- ational components: the College of Strategic ment and Acquisition). mary responsibility for all systems of trans- Studies and Defense Economics (CSSDE); the Section 1034 would amend section 172 of the portation during time of war from the Sec- Research and Conference Center (RCC); and National Defense Authorization Act for Fis- retaries of the Army and the Air Force to the Institute for Eurasian Studies (IES). The cal Year 1993. Section 172 requires the Sec- the Secretary of Defense. Such a change is in CSSDE teaches a 19 week in-depth course in retary of the Army to establish a Chemical keeping with the integration of transpor- English, Russian, and German to future na- Demilitarization Citizens Advisory Commis- tation systems in the commercial sector to tional security leaders in mid-level civilian sion for each State in which there is a low- intermodal methods of shipment. DoD, for and military positions from the nations of volume chemical weapons storage site and efficiency purposes, has established a single CE/FSU twice a year. The RCC holds con- for any State with a chemical weapons stor- manager for transportation, the United ferences and seminars and sponsors research age site other than a low-volume site, if the States Transportation Command. Activation on issues of importance to current leaders at establishment of such a commission is re- of the Civil Reserve Fleet in time of war is the ministerial and parliamentarian level quested by the Governor of the State. The from the President to the Secretary of De- from the North Atlantic Community, the na- Secretary must provide a representative to fense to the Commander, United States tions of the NATO and PfP signatories. The meet with the commissions to receive citizen Transportation Command. The need for the IES trains US and NATO personnel (FAO and language students) who will work in and and State concerns regarding the Army’s Army or the Air Force independently to as- with these nations in the future. Each ele- program to dispose of lethal chemical agents sume control of transportation systems for ment synergistically reinforces the Center’s and munitions. its members, munitions, and equipment, es- overall objective of reinforcing and accel- Currently, section 172 requires the rep- pecially to the exclusion of the other serv- erating the democratization processes of the resentative to be from the Office of the As- ices can no longer be justified. sistant Secretary of the Army (Installations, If enacted, this proposal will not increase security establishments in the CE/FSU na- Logistics and Environment). However, that the budgetary requirements of the Depart- tions. The work of the Marshall Center continues office no longer has the responsibility for ment of Defense. By amending this section, to receive international recognition. The in- this program. This amendment will allow the monetary savings may be realized by author- novative and ground breaking curriculum Secretary of the Army to designate the rep- izing more centralized control of the DoD that teaches about many forms of democracy resentative to meet with the commissions transportation system. and looks at the principles that govern de- from the office with current responsibility Section 1037 would clarify that the period fense organization and management, in both for the program, the Office of the Assistant of limitations for the filing of claims before western and the emerging democracies in the Secretary of the Army (Research, Develop- the various Boards of the Military Depart- Central European and Former Soviet Union ment and Acquisition). ments for the corrections of service records nations, is being used as a model for other Section 1035 would amend section 1044a of (10 U.S.C. 1552(b) of three years, that can be schools. The Marshall Center, in promoting title 10, United States Code, to authorize all waived by the board ‘‘in the interest of jus- democratic principles and serving as a forum judge advocates of the Armed Forces, adju- tice’’) is not tolled by section 205 of the Sol- for promoting democratic principles and tants, assistant adjutants, and personnel ad- diers’ and Sailors’ Civil Relief Act of 1940. serving as a forum for European and Eur- jutants, and all other members of the Armed Section 205 of such Act was amended by the asian security and stability issues, clearly Forces designated by regulations of the Soldiers’ and Sailors’ Civil Relief Act provides a service that benefits not only Armed Forces, to include members of the Amendments of 1942 (section 5 of such Act (56 NATO countries but also neutral European Coast Guard, to have the same notary public Stat. 770); 50 U.S.C. App. 525). It prescribes nations. Both NATO and neutral nations, authority without regard to whether they that military service is not to be computed recognizing the importance and effectiveness are on active duty or performing inactive in any period limited by law for the bringing of the Marshall Center, have expressed an in- duty for training. All law specialists of the of any action or proceeding before a court, terest in contributing to the program. From Coast Guard are lawyers. Under the current board, etc. The recent judicial decision of the Marshall Center academic perspective, law, National Guard judge advocates and Detweiler v. Pena, 38 F. 3d 591 (D.C. Cir. 1994) the more view points that can be offered, the other otherwise authorized personnel do not applied the tolling provision to the limita- richer and better the program. have the general powers of a notary public tion of section 1552(b). In 1994, the Marshall Center was given spe- while serving on annual training or on Ac- This provision would overturn that court cial permission by Congress to accept con- tive Guard and Reserve duty in a full-time decision and direct the military correction tributions from the German government National Guard duty status, nor do National boards to consider the travails of military under a formal; ‘‘Memorandum of Agree- Guard and Reserve judge advocates, adju- service in their findings ‘‘in the interest of ment’’. This arrangement is a tremendous tants, and others have such powers when not justice’’ in waiving the limitation period. success story. The German contribution of in a formal duty status. This amendment This result is necessary considering that the both funding and manpower enhances the would authorize such powers regardless of boards are examining military records. It un- conferences and research program and hence duty status. derscores the need for a prompt resolution of the prestige and effectiveness of the Mar- Reserve and National Guard judge advo- requests for corrections, especially to avoid shall Center. Enabling the Marshall Center cates and Coast Guard law specialists are multiple successive corrections in the exam- to accept contributions from other nations asked to perform notarial acts, both on and ination of records 20 to 30 years after a com- would only serve to further enhance the off duty, and to assist members of the Guard plained of error. breadth and quality of the Marshall Center and reserves in preparing for mobilization Section 1038 would update the statutory program as it works to strengthen U.S. in- and deployment. These judge advocates and reference to the name upon which the Navy’s terests and spread democratic values in the law specialists are often in a position to pre- central historical activity has operated for Central and Eastern European and Former pare and execute Powers of Attorney and more than two decades. The original term Soviet Union nations. Wills at their private offices or at the com- was used in 1949 when the trust fund initially As addressed above, the Marshall Center is mand where the soldier is located, which was started. Subsequently, the fund has an educational institution. In accordance may be distant from a military facility. evolved to include, among other things, the with U.S. strategic interests, it is dedicated Under the present statute they may not do Navy Museum and Navy Art Gallery. This is to stabilizing and thereby strengthening so unless on active duty or performing inac- a technical change conforming the statutory Post-Cold War Europe. Specifically, the Mar- tive-duty for training. reference to the common title. shall Center provides education to defense Under the present law, civilians question Section 1039. The George C. Marshall Cen- and foreign ministries’ officials to develop the notary authority and request verifica- ter was established in 1993 to respond to the their knowledge of how national security or- tion of duty status in order to assure compli- new security challenges which emerged at ganizations and systems operate under ance with section 1044a before accepting the the end of the Cold War: e.g., promoting sta- democratic principles. The Marshal Center Power of Attorney or other notarized docu- bility in Europe by helping the nations of program recognizes that even peaceful, ment. The service member often has no way Central Europe and the former Soviet Union democratic governments require effective of reasonably discovering the whereabouts of to develop democratic institutions. The Cen- national defenses; that regional stability the judge advocate or law specialist and can- ter’s formal mission is to foster the develop- will be enhanced when legitimate defense not provide such information, resulting in ment of defense institutions and security and that a network of compatible democratic rejection of the document. This proposal will structures compatible with democratic proc- security structure will enhance the con- bring uniformity and flexibility among the esses and civilian control. As its directive tinent’s prospects for harmony and stability. April 16, 1996 CONGRESSIONAL RECORD — SENATE S3401 The Marshall Center additionally seeks to tions of the Preservation Zone as well, to be Inaugural Committee and to the joint com- create an enduring and ever expanding net- maintained in a parklike manner for the mittee of the Senate and House appointed to work of national security officials who un- NPS to provide a proper setting for Arling- make the necessary arrangements for the In- derstand defense planning in democratic so- ton House, or for the proper administration auguration of the President-elect and the cieties with market economies and to pro- and maintenance of it and its adjacent build- Vice President-elect. Section 307 of the Na- vide those officials with ever greater oppor- ings as a national memorial, this property tional Defense Authorization Act for 1992 tunities to share their perspectives on cur- may be transferred to the Army for use as and 1993 authorized the Secetary of Defense rent and future security issues. The Marshall part of Arlington National Cemetery. to lend materials and supplies, and to pro- Center, with its international faculty and Under the Interagency Agreement signed vide materials, supplies, and services of per- students from over 26 nations, and it active on February 22, 1995, the NPS agreed to allow sonnel, during that period to the Inaugural conference program serves as an important the Army to use the lands in the the Preser- Committee and joint committee. forum for discussion of European and Eur- vation Zone that are suitable for transfer Section 1045 cites a continuing need for asian security and stability issues. and all lands in the Interment Zone until the military use of the affected lands and sets Unfortunately, the very nations that can transfer is effected, for the purpose of study- forth certain definitions. be viewed as perhaps the most in need of ing and surveying the property and planning Subsection (b) withdraws certain federal what the Marshall Center offers, in both edu- for its use as a cemetery. lands in Imperial County generally known as cation and as a forum for defense coopera- Subsection (a) directs the Secretary of the the East Mesa and West Mesa ranges from all tion contacts, are excluded from participa- Interior to transfer these lands directly to forms of appropriation under the public land tion. Inviting national security officials the Secretary of the Army in accordance laws, subject to existing rights and certain from nations such as Bosnia, Yugoslavia, and with the Interagency Agreement. conditions. The lands would be reserved for Azerbaijan to Marshall Center programs Subsection (b) of this provision directs the use by the Navy in accordance with the cur- would expose them to the very ideas and exchange of specific parcels of land located rent memorandum of understanding between changes the U.S. is seeking to influence and in and adjacent to Arlington National Ceme- the Bureau of Land Management and the De- promote. tery between the Departments of Army and partment of the Navy, and for other defense- If the U.S. strategic goals of promoting Interior. This transfer is designed to meet related purposes consistent with the memo- stability through defense cooperation are to the respective agencies’ needs and will pro- randum. be achieved, all the newly emerging govern- vide for the optimum use of these Federal The provision requires the publication and ments of the Central and Eastern and States lands. filing of maps and descriptions of the af- of the Former Soviet Union (CE/FSU) na- Section 1041. The existing language of sec- fected lands, gives those maps and descrip- tions must be allowed, even encouraged, to tion 2643, title 10, United States Code, sub- tions the same effect as if they were included attend and participate in the Marshall Cen- verts the Department of Defense consoli- in the Act, and provides for public inspec- ter program. Participation of all CE/FSU na- dated contracting for overseas transpor- tion. tions in the Marshall Center program can tation and may result in higher overall It would require management of the with- only enhance the U.S. objective of increasing costs, with less flexibility and control. drawn lands by the Secretary of the Interior the continent’s prospects for harmony and Section 1042. The Sikes Act (P.L. 99–561) pursuant to the Federal Land Policy and stability. permits the use of cooperative agreements to Management Act and other applicable law, The Secretary of Defense has requested ‘‘provide for the maintenance and improve- with the concurrence of the Secretary of the that a Board of Visitors be established to ad- ment of natural resources’’ on DoD installa- Navy. The lands could be managed to permit vise him on Marshall Center programs. Dis- tions. Similar language is not available to wildlife protection and management, fire tinguished citizens from both the United support DoD’s cultural resources program. suppression, geothermal leasing by the De- States and other nations are being asked to Cooperative agreements are an essential partment of the Navy and power production participate without compensation other than instrument used to enter into partnerships and continued grazing. Nonmilitary use remuneration for their travel expense to with other Federal, State, and local govern- could not interfere with military use consist- serve on the Board twice a year. Having to ments, and with nongovernmental organiza- ent with the Act. The Secretary of the Inte- rior could issue a lease, easement, right of make financial disclosures or foreign reg- tions to share personnel and fiscal resources way, or otherwise authorize nonmilitary use istration will discourage their participation for the mutual benefit of all participating of the lands, with the concurrence of the and make it extremely difficult in recruiting parties. Partnership opportunities have been Secretary of the Navy and under the terms volunteers with exceptional diplomatic expe- lost or deferred because the Military Depart- of the cooperative agreement. The Secretary rience. ments do not feel they can enter into such Section 1040 would direct the transfer and agreements for cultural resources manage- of the Navy would close the withdrawn lands to the public if required by military oper- exchange of lands between the Departments ment, except for Legacy Resource Manage- ations, national security of public safety. of Army and Interior, which will allow those ment Program-funded projects. Further- Withdrawn lands would be used for purposes departments to more efficiently manage more, the Legacy program was established as other than those specified in the memoran- their property and also will provide for the a short-term enhancement initiative. A dum of understanding, however, the Sec- orderly development of additional lands for broader, more permanent fix is required to retary of the Navy would be required to no- the benefit of Arlington National Cemetery, ensure stability and inclusiveness of such ef- tify the Secretary of the Interior. Withdrawn which currently is slated for closure to ini- forts for DoD’s cultural resources manage- lands and minerals within them would be tial interments by 2025. ment program. managed in accordance with the existing co- Subsection (a) of this provision directs the New partnership oppportunities would be operative agreement, which would be revised Secretary of the Interior to transfer to the available with this legislative change. Re- as soon as practicable after the enactment of Secretary of the Army lands that are cur- source stewardship on DoD lands would be this legislation to implement the provision rently under the jurisdiction of the National enhanced. This proposal has no fiscal or of the section. Park Service (NPS) to the Army for the use budgetary impact to the Department of De- of Arlington National Cemetery. On Feb- fense. By Mr. GRASSLEY (for himself, ruary 22, 1995, the Army and the Department Section 1043 would authorize the President of the Interior entered into an Interagency to award the Medal of Honor to seven named Mr. PRESSLER, and Mr. BAU- Agreement for the purpose of ultimately African American soldiers who served in the CUS): effecting a transfer of these lands. These United States Army during World War II. It S. 1674. A bill to amend the Internal lands are part of what is known as ‘‘Section would authorize the award notwithstanding Revenue Code of 1986 to expand the ap- 29,’’ an area that became part of the Na- the time restrictions in section 3744 of title plicability of the first-time farmer ex- tional Park System in 1975 when the Army 10, United States Code. Those restrictions re- ception; to the Committee on Finance. reported the property as excess and trans- quire that the award be made within three THE AGGIE BOND IMPROVEMENT ACT ferred it to the NPS pursuant to the Federal years of the act justifying the award and Mr. GRASSLEY. Mr. President, as Property and Administrative Services Act, that a statement setting forth the distin- you might expect, as I so often do on subject to a 1964 Order by the Secretary of guished service and recommending official the Army that it be set aside in perpetuity recognition of the service be made within the floor of the Senate, I rise to speak to preserve an appropriate setting for the two years after the distinguished service. about agriculture because it is a very Custis-Lee Mansion (subsequently renamed The Army recently conducted a study of the important industry in my State. The the Arlington House, The Robert E. Lee Me- awarding of the Medal of Honor to African legislation that I am introducing morial) and be maintained in a parklike American soldiers during World War II. The today, with Senators PRESSLER and manner. waiver of the time limitations for the pres- BAUCUS, is bipartisan in sponsorship Section 29 includes approximately 24.44 entation of the Medal of Honor to the named and changes the treatment of what are acres that are divided into two zones, the ap- former soldiers is a result of that study. proximately 12.5-acre Robert E. Lee Memo- Section 1044 would amend section 2543 of referred to as the aggie bond provisions rial Preservation Zone and the approxi- title 10, United States Code, to make perma- of our tax statutes. We call this the mately 12-acre Arlington National Cemetery nent the temporary authority the Secretary Aggie Bond Improvement Act. Interment Zone. Because it is unnecessary of Defense had during fiscal years 1992 and This legislation is important because for the Interment Zone, and possibly por- 1993 to provide assistance to the Presidential of the changing scene of agriculture, S3402 CONGRESSIONAL RECORD — SENATE April 16, 1996 the inability of young farmers to get Senators from agriculture States Mr. President, I ask unanimous con- started in farming, and particularly be- know that the high startup costs for sent to have printed in the RECORD the cause today the average age of farmers. farming and the unique expertise re- legislation. In my State of Iowa, and I think in quired of farmers, cooperate to ensure There being no objection, the bill was most agricultural States, farmers aver- that only the children and family ordered to be printed in the RECORD, as age in their upper fifties. In 5 to 6 years members of present farmers can them- follows: we will have 25 percent of the farmers selves become farmers. Therefore, dis- S. 1674 retiring. Hence, the necessity for im- allowing aggie bond financing for fam- Be it enacted by the Senate and House of Rep- proving programs to encourage young ily member transactions has operated resentatives of the United States of America in people to go into farming is clear. We as an unintended obstacle to the suc- Congress assembled, introduce this bill today for with this cess of aggie bond programs. SECTION 1. EXPANSION OF FIRST-TIME FARMER purpose in mind. Second, cosponsors to this bill will EXCEPTION. This legislation will recondition and help more first-time farmers become (a) ACQUISITION FROM RELATED PERSON AL- LOWED.—Section 147(c)(2) of the Internal Rev- strengthen the popular first-time farm- lifetime farmers by allowing more enue Code of 1986 (relating to exception for er programs administered by various young people to qualify for aggie bond first-time farmers) is amended by adding at State authorities. These authorities financing. Present law disqualifies be- the end of the following new subparagraph: issue tax-exempt bonds to finance first- ginning farmers who have previously ‘‘(G) ACQUISITION FROM RELATED PERSON.— time farmers’ loans. This combined ag- owned and farmed any parcel of land For purposes of this paragraph and section riculture and tax legislation enjoys the that is 15 percent or more of the me- 144(a), the acquisition by a first-time farmer company of a companion bill in the dian-size of a farm in the same county. of land or personal property from a related House to be introduced by my col- Depending on the size of other farms in person (within the meaning of section 144(a)(3)) shall not be treated as an acquisi- leagues from Iowa, Congressman the county, many young farmers can- tion from a related person.’’ LIGHTFOOT and Congressman GANSKE not utilize beginning farmer loans be- (b) SUBSTANTIAL FARMLAND DEFINITION and the remainder of the Iowa House cause of this restriction. Therefore, MODIFIED.—Clause (i) of section 147(c)(2)(E) delegation. Joining me in our efforts in this legislation would qualify a begin- of the Internal Revenue Code of 1986 (defin- the Senate, as I have already said, are ning farmer who had previously owned ing substantial farmland) is amended by Senators PRESSLER of South Dakota and operated any farm that is no more striking ‘‘15 percent of the median’’ and in- serting ‘‘30 percent of the average’’. and Senator BAUCUS of Montana. These than 30 percent of the average size of a (c) EFFECTIVE DATE.—The amendments two Senators are very interested in the farm in the same county. In Iowa, this made by this section shall apply to bonds is- problems of agriculture. The problems means where present law disqualifies sued after the date of the enactment of this in their States are similar to those in an average beginning farmer for having Act. mine. farmed only 35 acres, with this legisla- We encourage all of our colleagues in tion, average beginning farmers can By Mr. FAIRCLOTH (for himself the Senate to join us as sponsors in farm up to 100 acres and still qualify and Mr. HELMS): this Aggie Bond Improvement Act. for aggie bond financing. S. 1676. A bill to permit the current Many beginning farmers and ranchers Having been a farmer all of my adult refunding of certain tax-exempt bonds; utilize low-interest loans authorized by life, I can attest that no farmer can to the Committee on Finance. aggie bonds to get started in farming make a living to support even himself THE EASTERN BAND OF CHEROKEE INDIANS ACT and ranching. With the help of State on 100 acres, not to mention supporting OF 1996 authorities, these usually younger a family. These persons truly are just Mr. FAIRCLOTH. Mr. President, I farmers must secure a participating starting out in the farming trade and rise today to introduce legislation for private lender. This is a Government- desperately need the first-time farm- the Eastern Band of Cherokee Indians private sector partnership. This private er’s loans financed by these aggie in my home State of North Carolina. lender assumes all of the loan risk. bonds. In 1982, the Congress passed legisla- A Federal law limits the use of aggie Mr. President, farm State Senators tion that would allow Indian tribes to bonds for first-time farmer purchases know the average age of farmers is in- issue tax exempt bonds just like other and restricts them to a maximum of creasing. Presently, our farmers in units of governments, such as States, $250,000 per family, per lifetime. I know Iowa average in their late fifties. This counties, and cities. The 1982 act ac- that sounds like a lot of money to peo- aging trend is common in every State knowledged that Indian tribes are in ple that do not understand agriculture, in this country. Last year, the Iowa fact legitimate units of government but with that sort of loan you create Agriculture Development Authority— with wide ranging responsibilities. one job. We are not talking about a the authority that issues these aggie Using the act, the Cherokee Indians massive farming operation with a mas- bonds in my State along with com- in my State issued $31 million in tax- sive amount of hired help. It takes that parable agencies in about 20-some exempt bonds to purchase the Carolina much capital to create one job in agri- other States—issued 177 of these loans Mirror Co. The tribal leadership viewed culture because of the nature of the in- in my State, and nearly 80 percent of the purchase of Carolina Mirror Co. as vestment. the applicants were under 35 years of a means to promote jobs and economic State laws usually impose additional age. development for their tribe and its restrictions in addition to those that Truly, there is an aging generation of members. we do in the Federal Government. They farmers still on the land who would In 1986, however, the Congress passed might do this from the standpoint of like to retire and there is a younger new legislation that narrowed the in- net worth, material participation, and generation of farmers who want to terpretation of the original act so that residence requirements—all very legiti- begin. This legislation to improve the tax exempt bonds could only be used to mate requirements. Therefore, there is State aggie bonds programs simply finance ‘‘essential governmental func- no risk of any misappropriation of any makes the necessary transactions pos- tions.’’ underlying tax benefit. sible. Seeing these possibilities, the Mr. President, the Cherokee Tribe in These State programs present Amer- National Counsel of State Agriculture my State would like to take advantage ican taxpayers with a new generation Finance Programs, and a farming orga- of lower interest rates and refinance of farmers to ensure that our grocery nization called Communicating for Ag- the bonds. Under a ‘‘green eye shade’’ stores continue to stock the greatest riculture, strongly endorse this legisla- view of the law, the IRS has ruled that food bargains in the world. However, to tion. It is also important to note that a refinancing would be a reissue, and fully succeed, the States need the im- the Federal Government shoulders ab- the tribe could not issue tax exempt provements offered by this legislation. solutely no financial risk in aggie bonds again. By reissuing bonds at a First, cosponsors to this bill will help bonds, and their cost, after these im- lower rate, the company could save family members purchase the family provements, will be minimal. nearly $1 million a year—or nearly half farm by changing the current rule pro- I urge my colleagues to join me and of its annual profit. hibiting aggie bond financing for fam- the other cosponsors of this bill in sup- In my view, this is as great a savings ily member transactions. porting America’s beginning farmers. that can be attained for this company, April 16, 1996 CONGRESSIONAL RECORD — SENATE S3403 but for this narrow interpretation of The first component of the legisla- they have been through and what natu- the law. tion will create a citizenship pro- ralization means to them. And while The legislation that I am introducing motion agency within INS. Headed by a all of our naturalized citizens are not today is a technical bill that would new associate commissioner for citi- famous, many of them embody the best allow Indian tribes to refinance tax-ex- zenship, the citizenship promotion of America’s traditions and values. empt bonds issued on or before October agency [CPA] will be responsible for Take the example of Joyce Cheng, a 13, 1987. This bill has safeguards to en- carrying out all of the naturalization naturalized citizen who came from sure that the temporary tax-exempt activities of the INS. Hong Kong in 1965 to settle in Califor- status of the bonds are not taken ad- Currently, the INS lumps responsibil- nia’s central valley. Ms. Cheng worked vantage of. Most importantly, this bill ity for naturalization with their other at her family’s restaurant and two would be revenue neutral. responsibilities. A separate agency for other jobs in order to pay for her edu- It is my hope that the Senate could naturalization within INS will not only cation at the University of California consider this legislation. elevate the importance of the function at Berkeley. After receiving her degree but it will clear up the backlog of ap- in sociology, she worked in community By Mrs. BOXER: plications. The naturalization fees will service agencies and counseled other S. 1677. A bill to amend the Immigra- be used to fund the naturalization newcomers in employment and adjust- tion and Nationality Act to establish process only, as they should be. ment to American life. the United States Citizenship Pro- My legislation further provides for Later Ms. Cheng joined the financial motion Agency within the Immigration funds in the naturalization examina- industry and was credited with build- and Naturalization Service, and for tions fee account to be used for English ing her bank’s net worth tenfold in less other purposes; to the Committee on language instruction. Today, there is than 2 years. In 1988 she founded her the Judiciary. an overwhelming need for more English own successful mortgage loan and fi- THE CITIZENSHIP PROMOTION ACT OF 1996 language classes catering to immi- nancial planning company in Oakland ∑ Mrs. BOXER. Mr. President, what do grants trying to naturalize. The cur- which generates millions of dollars in Saul Bellow, Itzhak Perlman, Elie rent availability of such classes is in- revenues each year Wiesel, Elizabeth Taylor, Mikhail adequate to meet the growing need for Ever since she naturalized in 1970, Baryishnikov, Alistair Cooke, I. M. this type of instruction. In Los Ange- Ms. Cheng has participated in every Pei, Hakeem Olajuwan, Patrick Ewing, les, for example, more than 20,000 peo- election and helped encourage her com- and General John Shalikashvili have in ple are now on waiting lists for English munity to be active participants in the common? They’re all naturalized classes. democratic process. She serves on over Americans, people who came to our My legislation recognizes that learn- 20 civic and professional boards and or- country as immigrants and made major ing English is not only an important ganizations. contributions to American life after re- component of naturalization, but also Or take Eliana Osorio, who immi- ceiving the precious gift of American the key to opening all of America’s op- grated to the United States from Chile citizenship. portunities to our new citizens. in 1963. She overcome the cultural bar- Naturalization—the process by which The CPA will be encouraged to enter riers most newcomers face, such as un- a legal immigrant is granted the full into cooperative agreements with other familiarity with English, and raised rights and responsibilities of citizen- Government entities as well as private four very successful American chil- ship—represents the final step in a and nonprofit organizations to help dren. Patricia is a graduate of UC journey toward the American dream, a carry out its naturalization outreach Berkeley and will be attending the Uni- responsibilities. This will help maxi- journey played by the rules. versity of Chicago in the fall to pursue As a firm believer in the American mize the capabilities of organizations a masters degree in public policy. Mrs. dream, and as a U.S. Senator whose that perform valuable naturalization Osorio’s son is a photographer for the mother became a naturalized citizen, I outreach services at the local level. Chicago Tribune and a graduate of San My legislation also creates a citizen- am pleased to introduce the Citizenship Francisco State University. ship advisory board to work with the Much like Mrs. Osorio, Felisa Lam Promotion Act of 1996 which will put Citizenship Promotion Agency. This came to the United States many years the ‘‘N’’ back in INS. This much-need- board will give INS the benefit of ad- ago to begin a new life. She came to ed legislation will reform our current vice and assistance from people with study accounting and remained in system of naturalization so that it can diverse experiences and perspectives on America as a legal resident. She found- better serve those who want to follow the naturalization process through the ed a printing shop in 1979, after attend- the rules and become full participants issuance of two reports a year. ing a start-up business conference. in American society. Many of our most acclaimed Ameri- After 17 years, her San Francisco busi- California has much at stake in im- cans have been naturalized citizens. ness, Trans Bay Printing, has grown proving the current delivery of natu- This is particularly true in San Fran- dramatically. Her clients range from ralization services due to the high cisco and the bay area. For instance, major corporations to local community number of immigrants in the State Lofti Mansouri, director of the San groups. Her efforts have not only al- who wish to naturalize. The latest Francisco Opera is a naturalized citi- lowed her to claim a piece of the Amer- surge in naturalization applications zen. Helgi Tommason, the director and ican dream, they have enabled her two submitted is nowhere more evident choreographer for the San Francisco children to claim a piece of their own than here. In fiscal year 1995, an esti- Ballet, is in the process of becoming by attending Yale University. mated 1 million people applied for nat- one. Leo McCarthy is a naturalized cit- These are only a few short examples uralization in the United States; over izen. of the kind of new citizens who enrich 380,000 of them live in the State of Cali- The last four Nobel Prize winners at our communities throughout the coun- fornia. This is a 500-percent increase UC Berkeley as well as UC Berkeley try. They not only demonstrate the over the totals for fiscal year 1991. Chancellor Chang Lin-Tien and UC strong work ethic and family values in- Although Doris Meissner, the Com- Santa Barbara Chancellor Henry T. herent in most of our foreign-born citi- missioner of INS, is actively addressing Yang are all great thinkers and natu- zens, but also a firm commitment to the naturalization backlog, the wait ralized Americans. Our Nation has be- their civic responsibilities as American for a naturalization application to be stowed the gift of citizenship on them; citizens. processed is still a year or longer in they have repaid our culture and soci- I am a strong supporter of efforts to cities such as San Francisco and San ety with the priceless gifts of their regain control of illegal immigration. Jose. Efforts by INS to cut waiting pe- knowledge and creativity. It must be done at the border and in riods in heavily impacted cities con- These individuals are not only the the workplace. But that effort should tinue to be delayed by lack of funding leading lights in the bay area; they not overshadow other responsibilities and outdated agency structures. We have received accolades the world over of the Immigration and Naturalization owe it to those who patiently follow for their talents and contributions. Service. the rules to do better. That is why my From the people we have invited My bill will make needed improve- legislation is needed. today, you will hear the stories of what ments to the often-neglected function S3404 CONGRESSIONAL RECORD — SENATE April 16, 1996 of naturalization, acting as an impor- the DOE continued to grow, with its alarming figure given our current na- tant balance to proposed immigration bureaucrats working overtime to jus- tional debt of over $5 trillion. reform and remaining true to the tify the Department’s existence by In his State of the Union Address, promise of the American dream. branching out into areas only margin- President Clinton declared that ‘‘the Many of us have directly witnessed ally related to national energy policy. era of big government is over.’’ And I the contributions of naturalized citi- Their effort is readily apparent when agree. What better way to carry out zens in our communities and our fami- you realize that 85 percent of the this pledge than to start dismantling lies. I was fortunate to see in my own DOE’s budget is spent on activities an agency with no mission, no purpose home, with my own mother, how much with no direct relation to energy re- and no legitimate future? That is ex- a naturalized American treasured her sources. The bulk of those dollars go actly what the Department of Energy U.S. citizenship. toward the cleanup of radioactive Abolishment Act does. After my mother passed away in 1991, waste from nuclear weapons facilities As this chart shows, our legislation I found a very special pouch that she and for overseeing storage of our Na- would dismantle the DOE, while trans- had left for me. In it were this wedding tion’s nuclear waste—programs better ferring the legitimate functions of gov- band and a one-page document wrapped suited respectively for the Defense De- ernment to other agencies and depart- in cellophane. It was her naturalization partment and the Army Corps of Engi- ments. In doing so, it will eliminate certificate. America was her land, her neers. DOE’s upper-level bureaucracy, saving home. Her papers were all in order—but I share the sentiments expressed by taxpayers an estimated $19 to $23 bil- that one paper in that separate pouch former Defense Secretary Caspar Wein- lion over 5 years and $5 to $7 billion an- with her wedding band was the one she berger who says: ‘‘The Department of nually thereafter—a refreshing change wanted me to have, and I have saved it Defense, today, with the appropriate for the millions of Americans who filed to share with her great-grandchildren.∑ leadership and management, is the best their tax returns yesterday. place for responsibility for the nuclear At the same time, it will peel away By Mr. GRAMS (for himself, Mr. weapons stockpile in all its aspects, to another level of Federal bureaucracy FAIRCLOTH, Mr. ABRAHAM, and be vested, including clean-up activi- which has grown at the expense, not Mr. STEVENS): ties. Maintaining a separate chain-of- benefit, of the taxpayers, while ad- S. 1678. A bill to abolish the Depart- command, and all associated overhead dressing the future energy needs of this ment of Energy, and for other pur- in DOE is a costly and cumbersome ar- Nation. poses; to the Committee on Energy and rangement that we can no longer af- Most importantly, it will send a clear Natural Resources. ford.’’ signal to the American people that THE DEPARTMENT OF ENERGY ABOLISHMENT The DOE is also responsible for na- Congress heard their message in the ACT OF 1996 tional energy research—such as the de- elections of 1994 and is prepared to pro- ∑ Mr. GRAMS. Mr. President, I am velopment of alternative energy; pro- tect the taxpayers by giving them a pleased to be introducing the Depart- moting energy conservation; and en- smaller, more effective Government. ment of Energy Abolishment Act of suring affordable power and access to it First, the Department of Energy 1996. I do this on behalf of the rate- by consumers. But after nearly 20 years Abolishment Act accomplish these payers and taxpayers in my home and hundreds of billions of tax dollars, goals by immediately eliminating the State of Minnesota and across America the DOE has little to show for it, ex- Cabinet-level status of the DOE and who have handed over their hard- cept a few porkbarrel programs and a creating a 3-year resolution agency to earned dollars for years in exchange for lot of excuses. oversee the transfer, privatization and a bloated bureaucracy. It is for their Second, the DOE has failed to carry elimination of the various DOE pro- sake that we embark on this journey to out the duties it has been handed. grams and functions. Then, the legisla- bring real accountability to the Fed- Perhaps the best example of this fail- tion sets about dismantling the DOE eral Government—the first step is the ure is the DOE’s refusal to address the structure. elimination of the Energy Department. responsibility to accept and store our Under title I of the bill, the Federal In 1977, the U.S. Department of En- Nation’s nuclear waste. There are 34 Energy Regulatory Commission ergy, or DOE, was created to address States, including my home State of [FERC] is transformed into an inde- the energy crisis which had paralyzed Minnesota, with nuclear facilities in pendent agency. This is similar to the our Nation throughout that decade. It danger of running out of storage space FERC status prior to the creation of was assumed then that the creation of for their spent nuclear fuel. In spite of the DOE. a Cabinet-level Energy Department this impending crisis and the DOE’s le- The pending cases before the Energy would serve as a preemptive strike gally mandated deadline of accepting Regulatory Administration [ERA] are against future energy emergencies. But nuclear waste by 1998, it has taken no transferred to the Department of Jus- I’m sure that no one who served in real action in addressing the problem. tice with a 1-year resolution deadline. Congress at that time envisioned the Worse yet, through a surcharge on Furthermore, the DOJ is instructed to problems that DOE would create, rath- their monthly energy bills, electric utilize alternative dispute resolution er than solve. utility customers have already contrib- whenever possible. I do not doubt that the DOE was es- uted $11 billion to a nuclear waste The activities of the Energy Informa- tablished with good intentions, but trust fund established to create a per- tion Administration [EIA] are trans- like many of the relics of the seventies, manent storage facility, nearly half of ferred to the Department of Interior it has outlived its usefulness and public which the DOE has already spent. But [DOI], which will have the discretion of support. And like many of the outdated as we approach 15 years of inaction on maintaining or privatizing EIA activi- and wasteful taxpayer-funded programs the part of the DOE, the waste still ties. of that era, the DOE should come to an sits, posing a potential environmental The basic science and energy pro- end. risk to the people of Minnesota and grams within the DOE structure are In my opinion, there are three main across the country. handled in two ways. Those activities reasons for eliminating the DOE. Finally, the DOE is an affront to the not being conducted by the DOE lab- First, the DOE serves no real mis- taxpayers who are forced to watch oratory facilities are transferred im- sion. nearly $16 billion of their hard-earned mediately to the DOI. Once at the DOI, The DOE was created in response to dollars go each year to feed this bu- the Secretary of Interior has the dis- the energy crisis and to protect us reaucratic monstrosity. cretion of determining which functions from similar emergencies in the future, It currently takes 20,000 Federal bu- or programs constitute basic research a noble cause. Yet, the problems for reaucrats and another 150,000 contract and can recommend transfer to the Na- which the DOE was established to ad- workers to carry out the DOE’s agenda. tional Science Foundation [NSF] for dress never materialized. Oil supplies Even in the absence of another energy further study and recommendation by eventually rose while prices dropped. crisis like that which led to its cre- an independent science commission The need for a national energy depart- ation, the DOE’s budget has grown by which is also established to look at the ment became less apparent. Even so, 235 percent since 1977—a particularly DOE labs. April 16, 1996 CONGRESSIONAL RECORD — SENATE S3405

For those activities which are more tivities. DOE’s current cleanup pro- [Mr. CAMPBELL] was added as a cospon- commercial in nature, the Secretary grams have wasted billions of dollars sor of S. 304, a bill to amend the Inter- has 1 year to recommend to the Con- with little progress in their efforts at nal Revenue Code of 1986 to repeal the gress a plan for permanent disposition sites such as Hanford. This transfer is transportation fuels tax applicable to of these functions. These activities can aimed at refocusing taxpayer dollars to commercial aviation. then be assumed by the private sector, cleanup, rather than duplicative bu- S. 494 focusing Government dollars toward reaucracies. At the request of Mr. KYL, the name fundamental research initiatives. Title VII of the legislation transfers of the Senator from Pennsylvania [Mr. Under title II of the bill, the three the civilian waste program to the SANTORUM] was added as a cosponsor of defense labs—Sandia, Lawrence Liver- Army Corps of Engineers. Site charac- S. 494, a bill to balance the Federal more, and Los Alamos—are all trans- terization activities continue at the budget by fiscal year 2002 through the ferred to the Department of Defense Yucca Mountain site, and Area 25 of establishment of Federal spending lim- under the civilian management and the Nevada Test Site is named as the its. control of a new defense nuclear pro- interim storage site. This temporary S. 568 grams agency. The remaining site is consistent with legislation cur- At the request of Mr. COATS, the nondefense laboratories are transferred rently pending before the U.S. Senate. name of the Senator from Pennsylva- to the NSF for review by a non-defense Also, the GAO is instructed to conduct nia [Mr. SANTORUM] was added as a co- energy laboratory commission. The a study of options for program privat- sponsor of S. 568, a bill to provide a tax Commission can recommend restruc- ization initiatives. These changes to credit for families, to provide certain turing, privatization or concur with the civilian waste program represent tax incentives to encourage investment the bills closure language. the best way to ensure the Federal and increase savings, and to place limi- Furthermore, if the commission iden- Government meets its obligation to tations on the growth of spending. tifies additional labs or functions begin accepting waste by 1998. S. 607 which are national security related, The merits and importance of this At the request of Mr. WARNER, the the commission can recommend a legislation have been recognized not names of the Senator from New York transfer of functions to one of the de- only by Secretary Weinberger, but also [Mr. D’AMATO], and the Senator from fense labs or a transfer of those facili- by two men who know the DOE inside Oregon [Mr. WYDEN] were added as co- ties to the DOD. and out—former Energy Secretaries sponsors of S. 607, a bill to amend the Once the commission has submitted Donald Hodel and John Herrington. I Comprehensive Environmental Re- its recommendations, Congress has am delighted that our legislation has sponse, Compensation, and Liability fast-track authority to consider the re- their support, as well as the support of Act of 1980 to clarify the liability of port and enact the recommendations. the Cato Institute, the Competitive En- certain recycling transactions, and for Failure by Congress to act will result terprise Institute, and Citizens Against other purposes. in closure of facilities within 18 months Government Waste. S. 684 of the reports issuance. I would like to close by quoting At the request of Mr. HATFIELD, the Under title III of the bill, the Power Nobel Prize-winning economist Milton names of the Senator from Maine [Ms. Marketing Administrations [PMA’s]— Friedman who in 1977 likened a na- SNOWE], the Senator from Iowa [Mr. Bonneville, Southeastern, Southwest- tional energy agency to a Trojan HARKIN], and the Senator from New ern, and Western—are transferred to Horse, saying ‘‘[I]t enthrones a bu- Jersey [Mr. BRADLEY] were added as co- the U.S. Army Corps of Engineers. The reaucracy that would have a self-inter- sponsors of S. 684, a bill to amend the General Accounting Office is then in- est in expanding in size and power and Public Health Service Act to provide structed to conduct an inventory of the would have the means to do so.’’ for programs of research regarding Par- PMA assets and liabilities. The GAO is Over the years, we have witnessed Dr. kinson’s disease, and for other pur- then instructed to perform a study of Friedman’s prediction come true—and poses. the options available which protect the all at the cost of hundreds of billions of S. 814 interests of the current customers and wasted taxpayers’ dollars. As a result, taxpayers and submit it to the Con- At the request of Mr. MCCAIN, the the DOE has managed to see its 19th names of the Senator from Kansas gress. anniversary this year. It should not be The Strategic Petroleum Reserve [Mrs. KASSEBAUM], the Senator from around for its 20th. It is time to put Mississippi [Mr. COCHRAN], and the [SPR] and the Naval Petroleum Re- this Trojan Horse out to pasture. ∑ serve are addressed under title IV of Senator from Colorado [Mr. CAMPBELL] f the bill. The SPR is transferred to the were added as cosponsors of S. 814, a DOD where a GAO study is ordered to ADDITIONAL COSPONSORS bill to provide for the reorganization of the Bureau of Indian Affairs, and for determine alternatives to maintaining S. 39 the reserves. Once complete, the Sec- other purposes. At the request of Mr. STEVENS, the retary of DOD has the discretion to de- S. 874 names of the Senator from South Da- termine the amount to maintain or At the request of Mr. GRAMS, the kota [Mr. PRESSLER], the Senator from sell. The Naval Petroleum Reserve, name of the Senator from Pennsylva- Mississippi [Mr. LOTT], the Senator however, is ordered to be sold within 3 nia [Mr. SANTORUM] was added as a co- from Hawaii [Mr. INOUYE], and the Sen- years under the direction of the resolu- sponsor of S. 874, a bill to provide for ator from Wyoming [Mr. SIMPSON] were tion administrator. If the sale is not the minting and circulation of $1 coins, added as cosponsors of S. 39, a bill to completed within this timeframe, the and for other purposes. amend the Magnuson Fishery Con- Secretary of Interior is instructed to S. 948 servation and Management Act to au- administer the balance of the sale. At the request of Mr. DORGAN, the thorize appropriations, to provide for The largest portion of the DOE’s name of the Senator from Wyoming sustainable fisheries, and for other pur- budget, defense-related provisions, are [Mr. SIMPSON] was added as a cosponsor poses. addressed under titles V & VI of the of S. 948, a bill to encourage organ do- legislation. All national security and S. 258 nation through the inclusion of an environmental management programs At the request of Mr. PRYOR, the organ donation card with individual in- are transferred to a newly created, ci- name of the Senator from Tennessee come refund payments, and for other vilian-controlled Defense Nuclear Pro- [Mr. FRIST] was added as a cosponsor of purposes. grams Agency [DNPA]. This includes S. 258, a bill to amend the Internal S. 1028 stewardship of the weapons production Revenue Code of 1986 to provide addi- At the request of Mrs. KASSEBAUM, facilities and the stockpile. tional safeguards to protect taxpayer the names of the Senator from Iowa The environmental restoration ac- rights. [Mr. HARKIN], the Senator from Penn- tivities at the defense nuclear facilities S. 304 sylvania [Mr. SPECTER], the Senator are also transferred to the new DNPA At the request of Mr. SANTORUM, the from Louisiana [Mr. BREAUX], the Sen- to coordinate ongoing DOD cleanup ac- name of the Senator from Colorado ator from New York [Mr. D’AMATO], S3406 CONGRESSIONAL RECORD — SENATE April 16, 1996 and the Senator from New Jersey [Mr. Dakota [Mr. DORGAN] were added as co- week of May 5, 1996 as ‘‘National Cor- BRADLEY] were added as cosponsors of sponsors of S. 1624, a bill to reauthorize rectional Officers and Employees S. 1028, a bill to provide increased ac- the Hate Crime Statistics Act, and for Week.’’ cess to health care benefits, to provide other purposes. Mr. President, this resolution is a increased portability of health care S. 1646 small gesture to recognize the vital benefits, to provide increased security At the request of Mr. DOMENICI, the role that correctional personnel play in of health care benefits, to increase the name of the Senator from Missouri our communities. purchasing power of individuals and [Mr. BOND] was added as a cosponsor of Correctional officers and employees small employers, and for other pur- S. 1646, a bill to authorize and facili- put their lives on the line every day to poses. tate a program to enhance safety, protect the public from dangerous S. 1189 training, research and development, criminals. These brave men and women At the request of Mr. DEWINE, the and safety education in the propane also protect incarcerated individuals name of the Senator from Utah [Mr. gas industry for the benefit of propane from the violence of their cir- BENNETT] was added as a cosponsor of consumers and the public, and for cumstance, and they help prisoners S. 1189, a bill to provide procedures for other purposes. work toward returning to lawful soci- claims for compassionate payments S. 1653 ety. with regard to individuals with blood- At the request of Mr. CONRAD, the I urge my colleagues to join with me clotting disorders, such as hemophilia, name of the Senator from North Da- to recognize the indispensable con- who contracted human immuno-defi- kota [Mr. DORGAN] was added as a co- tributions of our Nation’s correctional ciency virus due to contaminated blood sponsor of S. 1653, a bill to prohibit im- officers and employees. products. ports into the United States of grain and grain products from Canada, and f S. 1289 for other purposes. At the request of Mr. KYL, the name SENATE RESOLUTION 244—REL- of the Senator from Oklahoma [Mr. SENATE CONCURRENT RESOLUTION 41 At the request of Mr. INOUYE, the ATIVE TO THE NATIONAL COLLE- INHOFE] was added as a cosponsor of S. GIATE ATHLETIC ASSOCIATION 1289, a bill to amend title XVIII of the names of the Senator from North Da- kota [Mr. CONRAD], the Senator from CHAMPIONSHIP Social Security Act to clarify the use New Mexico [Mr. DOMENICI], the Sen- of private contracts, and for other pur- Mr. FORD (for himself and Mr. ator from Hawaii [Mr. AKAKA], and the poses. MCCONNELL) submitted the following Senator from Indiana [Mr. LUGAR] were resolution; which was considered and S. 1506 added as cosponsors of Senate Concur- agreed to: At the request of Mr. ABRAHAM, the rent Resolution 41, a concurrent reso- name of the Senator from Mississippi S. RES. 244 lution expressing the sense of the Con- Whereas the University of Kentucky Wild- [Mr. LOTT] was added as a cosponsor of gress that The George Washington Uni- S. 1506, a bill to provide for a reduction cats men’s basketball team defeated Syra- versity is important to the Nation and cuse University’s team on April 1, 1996, in in regulatory costs by maintaining urging that the importance of the Uni- East Rutherford, New Jersey, to win its sixth Federal average fuel economy stand- versity be recognized and celebrated National Collegiate Athletic Association ards applicable to automobiles in effect through regular ceremonies. (NCAA) championship; at current levels until changed by law, SENATE RESOLUTION 226 Whereas the senior members of this team, and for other purposes. during their four-year varsity careers, were At the request of Mr. DOMENICI, the S. 1512 also NCAA semi-finalists and three-time names of the Senator from Missouri champions of the Southeastern Conference. At the request of Mr. LUGAR, the [Mr. BOND], the Senator from Iowa [Mr. Whereas Coach Rick Pitino, his staff, and name of the Senator from Kansas [Mrs. GRASSLEY], the Senator from Nevada his players displayed outstanding dedication, KASSEBAUM] was added as a cosponsor [Mr. REID], and the Senator from Texas teamwork, unselfishness, and sportsmanship of S. 1512, a bill to amend title 23, Unit- [Mrs. HUTCHISON] were added as cospon- throughout the course of the season in ed States Code, to improve safety at sors of Senate Resolution 226, a resolu- achieving collegiate basketball’s highest public railway-highway crossings, and tion to proclaim the week of October 13 honor, earning for themselves the nickname for other purposes. through October 19, 1996, as ‘‘National ‘‘The Untouchables’’; and Whereas Coach Pitino and the Wildcats S. 1610 Character Counts Week.’’ have brought pride and honor to the Com- At the request of Mr. BOND, the name f monwealth of Kentucky, which is rightly of the Senator from Indiana [Mr. SENATE RESOLUTION 243—TO DES- known as the basketball capital of the world: COATS] was added as a cosponsor of S. Now, therefore, be it IGNATE NATIONAL CORREC- 1610, a bill to amend the Internal Reve- Resolved, That the Senate commends and TIONAL OFFICERS AND EMPLOY- nue Code of 1986 to clarify the stand- congratulates the University of Kentucky on EES WEEK ards used for determining whether indi- its outstanding accomplishment. viduals are not employees. Mr. ROBB submitted the following SEC. 2. The Secretary of the Senate shall transmit a copy of this resolution to the S. 1612 resolution; which was referred to the Committee on the Judiciary: president of the University of Kentucky. At the request of Mr. HELMS, the name of the Senator from Mississippi S. RES. 243 f Whereas the operation of correctional fa- [Mr. LOTT] was added as a cosponsor of cilities represents a crucial component of SENATE RESOLUTION 245—MAKING S. 1612, a bill to provide for increased our criminal justice system; mandatory minimum sentences for Whereas correctional personnel play a MAJORITY PARTY APPOINT- criminals possessing firearms, and for vital role in protecting the rights of the pub- MENTS TO THE LABOR AND other purposes. lic to be safeguarded from criminal activity; HUMAN RESOURCES COMMITTEE Whereas correctional personnel are respon- S. 1623 Mr. LOTT (for Mr. DOLE) submitted sible for the safety and dignity of human At the request of Mr. WARNER, the beings charged to their care; and the following resolution; which was names of the Senator from Maryland Whereas correctional personnel work under considered and agreed to: [Mr. SARBANES] and the Senator from demanding circumstances and face danger in S. RES. 245 Colorado [Mr. CAMPBELL] were added as their daily work lives: Now, therefore, be it Resolved, That notwithstanding any provi- cosponsors of S. 1623, a bill to establish Resolved, That the Senate designates the sion in Rule 25 or 26, the following be the a National Tourism Board and a Na- week of May 5, 1996 as ‘‘National Correc- majority party membership on the Commit- tional Officers and Employees Week’’. The tee on Labor and Human Resources for the tional Tourism Organization, and for President is authorized and requested to other purposes. 104th Congress, or until their successors are issue a proclamation calling upon the people appointed: S. 1624 of the United States to observe such week Labor and Human Resources: Mrs. Kasse- At the request of Mr. HATCH, the with appropriate ceremonies and activities. baum (Chairman), Mr. Jeffords, Mr. Coats, names of the Senator from Virginia Mr. ROBB. Mr. President, I submit a Mr. Gregg, Mr. Frist, Mr. DeWine, Mr. [Mr. ROBB] and the Senator from North Senate resolution to designate the Ashcroft, Mr. Gorton, and Mr. Faircloth. April 16, 1996 CONGRESSIONAL RECORD — SENATE S3407 NOTICES OF HEARINGS and safety education in the propane Nation’s oldest postseason tournament,

SELECT COMMITTEE ON INDIAN AFFAIRS gas industry for the benefit of propane at Madison Square Garden on March 28. consumers and the public, and for With their victory, the men’s basket- Mr. MCCAIN. Mr. President, I would like to announce that the Senate Com- other purposes. ball team joins an impressive list of mittee on Indian Affairs will conduct a The PRESIDING OFFICER. Without championship seasons this school year business meeting on Tuesday, April 23, objection, it is so ordered. for UNL that already includes national 1996, to mark up the committee’s letter SUBCOMMITTEE ON NEAR EASTERN AND SOUTH champions in football and women’s to the Senate Committee on the Budg- ASIAN AFFAIRS volleyball. et containing the committee’s budget Mr. DOLE. Mr. President, I ask unan- Coach Danny Nee and his players views and estimates on the President’s imous consent that the Subcommittee overcame considerable adversity this budget request for fiscal year 1997 for on Near Eastern and South Asian Af- season, having entered the NIT with 10 Indian programs. The business meet- fairs of the Committee on Foreign Re- losses in their last 11 games. But they ing-markup will be held at 9 a.m. in lations be authorized to meet during defeated Colorado State, Washington room 485 of the Russell Senate Office the session of the Senate on Tuesday, State, Fresno State, and Tulane in Building. April 16, 1996, at 10 a.m. route to the NIT final, and finished Those wishing additional information The PRESIDING OFFICER. Without what could have been a disappointing should contact the Committee on In- objection, it is so ordered. season on a very successful note. Mr. President, this is UNL’s first dian Affairs at 224–2251. f ever basketball championship and al- SELECT COMMITTEE ON INDIAN AFFAIRS ADDITIONAL STATEMENTS though some may consider the NIT a Mr. MCCAIN. Mr. President, I would second-tier tournament, only two like to announce that the Senate Com- teams in men’s NCAA Division One mittee on Indian Affairs will conduct a FEDERAL-TRIBAL NEGOTIATED RULEMAKING basketball can end their season on a hearing during the session of the Sen- winning note. And I am proud to say, ate on Thursday, April 25, 1996 on S. ∑ Mr. MCCAIN. Mr. President, I rise to one of them this year is my Alma 1264, a bill to provide certain benefits inform my colleagues that later today Mater—the University of Nebraska at of the Missouri River Basin Pick-Sloan I will ask their unanimous consent to Lincoln. Project to the Crow Creek Sioux Tribe hold at the desk and pass H.R. 3034, a Congratulations to Coach Nee, senior and for other purposes. The hearing measure that was passed by the House guard and NIT MVP Erick Strickland, will be held at 9 a.m. in room 485 of the by consent. H.R. 3034 is identical to S. and the entire Cornhusker men’s bas- Russell Senate Office Building. 1608, a measure I and Senator INOUYE ketball team on a successful season Those wishing additional information introduced on March 12, 1996. S. 1608 and a terrific victory. Nebraska is, in- should contact the Committee on In- was referred to the Committee on In- deed, proud.∑ dian Affairs at 224–2251. dian Affairs, which I chair. f f My full statement explaining the bill CRUMBS FOR THE MAJORITY AUTHORITY FOR COMMITTEES TO appeared at page S1867 of the March 12 MEET CONGRESSIONAL RECORD. While I regret ∑ Mr. SIMON. Mr. President, I felt like that it is necessary, I support the 60- starting these observations by saying COMMITTEE ON ARMED SERVICES day extension of authority to the Sec- three cheers for Mort Zuckerman. Mr. DOLE. Mr. President, I ask unan- retary of the Interior and the Sec- Recently, Mortimer B. Zuckerman, imous consent that the Committee on retary of Health and Human Services editor-in-chief of U.S. News & World Armed Services be authorized to meet to promulgate regulations implement- Report, had a superb column called at 10 a.m. on Tuesday, April 16, 1996, in ing the Indian Self-Determination Con- ‘‘Crumbs for the Majority’’, which I open session, to receive testimony on tract Reform Act of 1994 under nego- ask to be printed in the CONGRESSIONAL the Department of Energy’s atomic en- tiated rulemaking procedures. RECORD after my remarks. ergy defense activities and the fiscal In the 1994 act, the Congress required He talks about our income disparity, year 1997 budget request and Future the administration to involve the In- our growing problems with poverty, Years Defense Program. dian tribes, under negotiated rule- and the need to do something about it. The PRESIDING OFFICER. Without making procedures, in the development He advocates a grant program simi- objection, it is so ordered. of these regulations within an 18- lar to the old GI bill after World War COMMITTEE ON COMMERCE, SCIENCE, AND month period that expires on April 25, II. TRANSPORTATION 1996. The pending bill would extend It is interesting that if you were to Mr. DOLE. Mr. President, I ask unan- that period to June 25, 1996. add an inflation factor to the average imous consent that the Committee on Many of the Indian tribes who have grant made under the GI bill after Commerce, Science, and Transpor- been involved in the negotiated rule- World War II, it today would average tation be allowed to meet during the making process have sought the exten- $9,400 a year. The most anyone can re- Tuesday, April 16, 1996 session of the sion in order to provide them adequate ceive today in a grant from the Federal Senate for the purpose of conducting a time to respond to the public comment Government is $2,400, and you have to hearing on the Reauthorization of the received from the draft regulations meet strict standards of poverty to re- National Transportation Safety Board published on January 24, 1996. The ad- ceive that. and the Pipeline Safety Act. ministration has joined them in re- Even for a modest program like the The PRESIDING OFFICER. Without questing a 2-month extension to the 18- Direct Loan Program, we have to objection, it is so ordered. month period provided by the statute struggle to see it survive. SUBCOMMITTEE ON ENERGY RESEARCH AND to promulgate regulations. Their re- If you were to combine the kind of DEVELOPMENT quest is worthy of support and I urge suggestion that Mort Zuckerman has Mr. DOLE. Mr. President, I ask unan- my colleagues to consent to its pas- with a WPA type of program that imous consent that the Subcommittee sage.∑ would say to people: You can stay on on Energy Research and Development f welfare 5 weeks, but after that you of the Committee on Energy and Natu- have to work 4 days a week at mini- ral Resources be granted permission to CONGRATULATIONS CORNHUSKERS mum wage, as in the old WPA, and the meet during the session of the Senate BASKETBALL fifth day you should be out trying to on Tuesday, April 16, 1996, for purposes ∑ Mr. KERREY. Mr. President, I come find a job in the private sector, we of conducting a subcommittee hearing to the floor today to congratulate the would put to work hundreds of thou- which is scheduled to begin at 2 p.m. University of Nebraska Cornhuskers sands—probably millions—of Ameri- The purpose of the hearing is to con- Men’s Basketball Team on their thrill- cans who are now left out of our proc- sider S. 1646, a bill to authorize and fa- ing championship victory over St. Jo- ess and who can be made productive. cilitate a program to enhance safety, seph’s of Pennsylvania, 60 to 56, in the The demand for unskilled labor is training; research and development, National Invitational Tournament, the going down and to talk about welfare S3408 CONGRESSIONAL RECORD — SENATE April 16, 1996 reform without talking about creating they did 30 years ago. To support the chil- that would have put this Nation on the jobs for people of limited skills is pub- dren who need ever more costly education glidepath to eliminating the deficit. lic relations and nothing more. for ever longer periods of time, parents have Furthermore, it represented our best Such a WPA program should tie in to be willing to make larger and larger sac- hope for tackling our $5 trillion debt. rifices. What’s more, too many men are bail- with the education recommendation of ing out of these obligations. Yet the President carelessly vetoed Mort Zuckerman. People who come This erosion of family life has led to a the bill and its key reforms which into the program should be screened, widespread sense of moral confusion and a would have restored solvency to our and if they can’t read and write, we breakdown in the shared norms that hold our Medicare System and ended welfare as should get them into the program. We society together. No value has suffered more we know it. All the while, he has sat at have 23 million Americans who cannot than individual responsibility. A nation the other end of Pennsylvania Avenue, fill out an employment form and who whose creed is individualism courts disaster clamoring for more spending. cannot read the newspaper. That is a if it then proceeds to weaken the moral re- Mr. President, I believe yesterday’s sponsibility of the individual by a philosophy huge drag on our productive capacity. of entitlement. The social conservatism that vote was a white flag of surrender, and Those who come into the WPA type has re-emerged in response has found its po- a retreat on our pledge to protect the of program who have a remarkable litical expression in a bipartisan readiness to American taxpayers. Nothing in this skill should be given an opportunity to cut social services and other programs, bill ensures any progress will be made enhance that skill, whether through an which is understandable. Americans ask, If with this Administration in attempt- apprentice program or a technical we are spending so much, why aren’t we see- ing to reach a balanced budget agree- school or community college. ing better results? Many Americans see ment. Mort Zuckerman ends his column by themselves as subsidizing well-organized spe- Instead, we promised this President saying ‘‘but it is hope that will sustain cial-interest groups that are excessively in- we would increase the credit limit on fluential in shaping the decisions of our rul- and enrich us.’’ He is correct. ers once they are in office. the Nation’s charge card by $600 bil- The great division in our society is The voters are rebelling not just against lion—an amount the Congressional not between black and white or His- big government—everyone’s villain these Budget Office estimates will be ex- panic and Anglo or many of the other days—but against bad government. The gov- ceeded by next summer. And what did divisions that people talk about. It is ernment has proved inadequate in grappling the taxpayers receive in return? The between those who have hope and those with the problems of corporate downsizing promise of bigger government, a bigger who have given up. We need programs and declining incomes that now affect tens debt, and more of the status quo. that give people the spark of hope. of millions of workers. We have civil serv- I will acknowledge that the bill did We have shown very little creativity ants who are not civil, public schools that do not teach the public, a criminal justice sys- contain two riders which I have sup- in dealing with the problems of poverty tem that neither reduces crime nor produces ported. The Small Business Regulatory in our Nation. We have been pandering justice and economic insecurity even in a Enforcement Fairness Act is similar to to those who make the big campaign rapidly growing economy. a measure I had supported earlier this contributions and who are politically Merely cutting this and that is hardly a month. And as a cosponsor of the Sen- articulate. sufficient response. There are areas where ior Citizens’ Right to Work Act, I had It is about time we pay attention to only government can lead. Higher education advocated passage of this bill earlier those who make no campaign contribu- and continual learning are a place to start. this year. But I do not believe seniors Higher education is an investment in the tions and who are getting more and or small business should be held hos- more disillusioned with our Govern- greatest strength a country has, its people. We need a modern version of the GI Bill, tage to an increase in the debt limit. ment. which provided mass higher education for Unfortunately, they were used to mask The editorial follows: more than 20 million veterans and depend- the fact that yesterday’s vote dragged [From U.S. News & World Report, Feb. 26, ents. Any student able to meet minimum us deeper into financial chaos. 1996] standards upon graduation from high school While the Federal Government’s im- CRUMBS FOR THE MAJORITY should qualify for a scholarship for higher pending financial crisis may have been (By Mortimer B. Zuckerman) education for the information age, providing averted by this debt limit increase, the family income does not exceed a maximum The stock market is up over a trillion dol- President must understand that our ac- lars in the past 14 months. The United States amount of, say, $125,000. This would be a con- structive way to shrink the gap between the tion does not absolve him of his respon- is five years into an economic recovery. But sibility in derailing the first real bal- the opinion polls reveal the public to be in a haves and the have-nots—much better than foul mood and pessimistic about the future. doing it only by taxation. anced budget produced by a Congress in Such a program would cost billions of dol- What is going on? over 25 years. Given that track record, The cake has gotten bigger, but it is not lars. But government must find a way to re- we cannot allow another increase to being shared equitably. The technological order its priorities, to shift money from less occur without the enactment of a bal- and educated aristocracy, and the owners of valuable programs. Without positive policies anced budget plan. The Nation’s credit to arrest our national decay, the deep anxi- financial assets, are sharing the cream with card is ready to snap under the heavy a highly skilled and well-educated minority, ety that now seizes much of our society may well turn to fear, or even panic. It is fear load we have already heaped upon it— a little more than a third of the work force, the American taxpayers are no longer who have full-time, full-benefits jobs. But that has provided the political basis for the there are only crumbs for the majority of the success of Pat Buchanan. But it is hope that willing to shoulder that burden. ∑ population who lack a college education or will sustain and enrich us.∑ f f specialized skills. Incomes have been falling CANADA, BACKED BY MEXICO, or stagnating as this group has remained INCREASING THE FEDERAL DEBT mired for more than 20 years in what has PROTESTS TO UNITED STATES been called ‘‘the silent depression.’’ As social LIMIT ON CUBA SANCTIONS analyst Daniel Yankelovich points out, we ∑ Mr. GRAMS. Mr. President, I wanted ∑ Mr. SIMON. Mr. President, I cast 1 of are in the midst of the erosion of one of the to express my concern over the in- the 22 votes against the Cuban sanction greatest achievements of the post-World War crease in the public debt limit which bill that passed the Senate and has II era, in which not only people with a col- occurred under a unanimous-consent lege degree could make a good living but been signed by the President. also people without one. This gave us a mid- agreement on the Thursday before the I read the story in the New York dle class and a prosperous country with a Easter recess. Having earlier expressed Times, by Richard Stevenson, titled sense of fairness and hope. in a letter to the Republican leadership ‘‘Canada, Backed by Mexico Protests to That optimism and faith in America have my intention to oppose an increase in United States on Cuba Sanctions,’’ been eroded. Too many Americans cannot af- the debt limit if it was not directly which I ask to be printed in the CON- ford health insurance; too many can barely connected to a balanced budget. I be- GRESSIONAL RECORD after my remarks. save; too many cannot afford to send their lieve this unanimous-consent agree- Canada is right, Mexico is right, and children to college; and as 1995’s Christmas ment hangs over this Congress like a the Senate, House, and the President sales indicate, too many cannot afford gift buying. Both spouses have to work, and the black cloud, marking a dark day for are wrong on this one. one-earner, middle-class family is becoming the American taxpayers. We are capitulating to emotion, and extinct. Parents are now spending about 40 The Congress had done the hard work we will have done not one thing to dis- percent less time with their children than of putting together a balanced budget courage Castro. April 16, 1996 CONGRESSIONAL RECORD — SENATE S3409 Our policy to remove Castro has Federico Salas, the minister for political can testify to that. What may be opening a failed for decades, in fact it has had the affairs at the Mexican Embassy in Washing- new chapter in commercial diplomacy is a opposite affect. We simply are ton, said ‘‘The Canadians have taken the ini- revolution in public opinion, the repudiation compounding the problem. tiative and we have requested to participate of bribery and kickbacks by societies that We are like an accident victim who in these consultations.’’ The European Union once tolerated them. said last week that the law would ‘‘represent Last week the Organization for Economic has suffered a gash, and we think we the extraterritorial application of U.S. juris- Cooperation and Development (OECD), the can stop the bleeding by cutting our- diction and would restrict E.U. trade in league of wealthy industrial nations, rec- selves some more. goods and services with Cuba.’’ ommended that is members stop allowing The column follows: Russia also objected to provisions in the tax write-offs for bribes. Sources close to [From the New York Times, Mar. 14, 1996] law linking American foreign aid to Russia those protracted negotiations said that the CANADA, BACKED BY MEXICO, PROTESTS TO to Moscow’s cutting its military and eco- public reaction to recent bribery scandals UNITED STATES ON CUBA SANCTIONS nomic ties to Mr. Castro.∑ helped overcome resistance to the measure (By Richard W. Stevenson) f led by France, Germany and Japan. The end of the Cold War, the spread of de- WASHINGTON, March 13.—In a sign of the INTERNATIONAL BRIBERY mocracy, the rise of civil societies have growing tensions between the United States Mr. FEINGOLD. Mr. President, ex- sparked disclosure of corruption East and and its trading partners over stepped-up West. This is the case not only in the former American sanctions against Cuba, Canada port promotion is a critical component Soviet bloc but also among Western allies said today that it had lodged a trade protest of both domestic economic growth in where military regimes or ruling-party with the Clinton Administration, and Mexico this country and of our foreign policy. dominance has given way to competitive pol- immediately asked to join Canadian-Amer- One of the barriers to more trade for itics. ican discussions on the issue. U.S. companies has been a virtual sub- An intriguing community of interests is Responding to a new American law that forming between U.S. corporations and de- seeks to tighten the economic vise on Cuba sidy by the governments of many of our trade competitors for offering mocracy. For the solution to translational by putting pressure on other countries not to bribery lies not in a futile attempt to repeal do business with Fidel Castro’s Government, bribes to win foreign contracts. Of the Foreign Corrupt Practices Act but in Canada said it asked for consultations with course, U.S. business is prohibited from universalizing it and supporting reforms in the United States under the terms of the engaging in bribery by the Foreign emerging countries. North American Free Trade Agreement. Corrupt Practices Act. While there Corruption is being challenged by opposi- Canada has extensive trade with Cuba, and have been calls to repeal the FCPA, for tion parties, and unmuzzled press, religious has vigorously protested what it sees as un- groups and other nongovernment organiza- fair efforts by the United States to penalize almost 2 years, I have been working to promote universal acceptance of the tions, as well as prosecutors, magistrates Canadian companies and business executives and other civil servants. Anti-corruption who operate there. principles of the FCPA. I introduced movements have emerged in countries as di- Canadian officials said the law, sponsored legislation and a sense of the Senate verse as Argentina, Cambodia, Italy, Hun- by Senator Jesse Helms of North Carolina resolution last year to move forward in gary, Pakistan, Saudi Arabia, El Salvador, and Representative Dan Burton of Indiana, that direction. A version of the propos- South Korea, Switzerland, Taiwan, Tanza- both Republicans, and signed on Tuesday by als were included in the Senate State nia, Thailand, New Zealand and Zimbabwe. President Clinton, could violate the free Citizens who have silently endured corrup- trade agreement in several ways. authorization bill, but not included in tion for generations now take to the streets In Ottawa, Canada’s Trade Minister, Ar- the conference agreement. to protest corrupt practices, to elect thur Eggleton, said his government would For a problem that no one seems to anticorruption candidates and to impeach ‘‘seek clarification of U.S. intentions’’ in in- want to talk about publicly, there has corrupt presidents, vice presidents, premiers, troducing the bill. been some important movement to ‘‘Canada finds objectionable the Helms- cabinet ministers and party leaders. help eradicate this practice in Europe. Many countries have appointed national Burton bill, which could interfere with com- Two years ago the Organization for panies engaged in legitimate business and commissions to recommend reforms and which attempts to extend U.S. law to other Economic Cooperation and Develop- have established government agencies to jurisdictions,’’ Mr. Eggleton said. ment a group of 26 major industrialized prosecute abuses. Small countries are begin- Mexican officials, expressing similar mis- countries, passed a resolution to ning to make known their anticorruption givings, said they supported the Canadian ‘‘deter, prevent, and combat bribery.’’ sentiments. Recently, for example, Malaysia and Singapore each declared several foreign action, and wanted to take part in the con- Now it has expanded on that by rec- sultations to get a clearer idea how the Unit- firms caught bribing officials ineligible for ommending that members terminate bidding on future contracts. ed States would carry out the legislation’s the tax-deductibility of bribes, such as most contentious measures. The stakes are enormous for U.S. compa- A request for consultations is the first step allowed in Germany and elsewhere. nies and workers. As emerging nations drop in resolving trade disputes under Nafta, and This is a significant step toward lev- trade barriers and privatize state monopo- could lead to a formal ruling on whether the eling the playing field for U.S. exports. lies, more than $200 billion of export and in- American legislation violates the pact. It is also important that major news- vestment contracts will be open to inter- The legislation was passed by Congress and papers, such as the New York Times national bidding. Our trade rivals under- stand that these contracts will determine signed by President Clinton after the drown- and the Washington Post, have carried ing of two small civilian aircraft by Cuban who builds tomorrow’s economies. The U.S. fighters last month. Among other things, it opinion pieces in the past couple of Department of Commerce has calculated allows American citizens to sue foreigners days on this issue. I ask that the arti- that from April 1994 to May 1995 nearly 100 and foreign companies that ‘‘act to manage, cles be printed in the RECORD and com- foreign contracts worth $45 billion were lost lease, possess, use or hold an interest in’’ mend them to my colleagues for their to foreign competitors through graft. The property confiscated by the Cuban Govern- review. Bribery and corruption are se- most egregious bribers, according to U.S. ment from people who are now American rious impediments to our exports, and government and business officials, include citizens. promote bad business practice. We companies from Japan, France, Germany, Spain, Britain, Taiwan and South Korea. It also permits the United States to bar should be supportive of efforts, such as entry to foreign corporate officers and con- These bribes cost Americans jobs, and trolling shareholders who take part in using the recent initiatives by the OECD to since less competitive firms must bribe to such property and foreign executives whose help protect American business. win contracts, they cost emerging countries companies do business in Cuba. The articles follow: efficiency—which is what they need most. The United States Trade Representative, [From the Washington Post, Apr. 16, 1996] Studies show corrupt procurement practices Mickey Kantor, said the American position deter foreign investment while as much as AN END TO CORRUPTION ‘‘is entirely consistent’’ with both the rules doubling the price that emerging countries of Nafta and the world trade talks. (By Robert S. Leiken) pay for goods and services. In an interview, Mr. Kantor said that If a German bribes a German, he gets As globalization offers corporations more under the trade agreement the United States thrown in jail; if he bribes a foreign official options, corruption has come to be a factor reserved the right to protect its security in- he gets a tax deduction. Only American busi- in choosing where to invest. Meanwhile, terests and to bar from entry people who nessmen can be prosecuted at home for emerging nations wishing to shed bad rep- have committed crimes of moral turpitude bribing foreigners. utations have begun to court firms with under United States laws. But the day when U.S. business was a soli- ‘‘squeaky clean’’ images. In some emerging ‘‘The combination of those two, or either tary straight arrow seems to be ending. This markets, U.S. firms now advertise their li- standing alone depending on the situation, is not because the Foreign Corrupt Practices ability to the FCPA as surety of their integ- would support our position,’’ Mr. Kantor Act (FCPA) has become a dead letter. IBM- rity. Several governments have engaged the said. Argentina, now under federal investigation, ‘‘credibility services’’ of reputable Western S3410 CONGRESSIONAL RECORD — SENATE April 16, 1996 firms in such tasks as procurement, account- So far, the United States has acted unilat- At that moment, the senators all rose, ing and auditing. erally—losing business but having a limited turned to face Mrs. King, waved at her and Bribery and corruption are no longer un- impact on corruption. By bringing the other applauded for some time. Mrs. King acknowl- mentionables in international diplomacy. A major industrialized countries along, the edged the applause and then turned to her Convention Against Corruption will soon anti-corruption campaign will pack more children sitting by her side and embraced criminalize ‘‘transnational bribery’’ wallop and remove American companies as a each in turn. She then turned around and throughout the Western Hemisphere. The special target of retaliation. The best way to hugged me. We were not personal friends, but treaty provides for extradition of corrupt of- fight corruption is to present a united front. she knew I had done whatever I could on be- ficials and urges transparency in hiring and That way the pressure on offending govern- half of the American Jewish Committee to procurement as well as laws against the ‘‘il- ments to clean up their act is maximized and mobilize support for the legislation. As she licit enrichment’’ of government officials. the businesses of no one country are victim- hugged me, she spoke words I have cherished When the United States goes to inter- ized. The Administration’s lobbying may not all these years: national forums to demand a level playing end foreign bribes. But its multilateral ap- ‘‘This is your holiday too.’’ field it can take Canada and the developing proach is smart.∑ I do not know whether Coretta King, at nations of the hemisphere with it. Along f that moment, meant ‘‘your’’ to mean white with its success at the OECD, Washington is American or Jewish American. But which- also making headway in getting the new IS IT NOT ENOUGH TO BE A ever, or both, her words were most gratifying World Trade Organization to universalize RACIST because they reflected precisely what I had transparent procurement practices. Top ad- been urging for years—hoping, and I still do, ministration officials want the United States ∑ Mr. SIMON. Mr. President, on Martin that my fellow Jews and all Americans could to press for a recommendation at the next G– Luther King’s birthday, the Washing- feel that way. 7 meeting to criminalize transnational brib- ton Post had an op-ed piece by a long On the several occasions that I had testi- ery—in other words, to universalize the For- time friend of many of us, Hyman fied on behalf of the holiday, I had expressed eign Corrupt Practices Act. Bookbinder. the hope that the holiday would not only The way impatience with corruption is It was so good, I set it aside and I recognize the extraordinary attributes of an crossing frontiers recalls the human rights extraordinary black American, but would campaigns of past decades. Transparency have now just re-read it. For those of you who have read it be- also provide the occasion for celebrating the International, modeled on the human rights unique cultures of our many religious, ethnic organization Amnesty International, was fore, it is worth reading again. For and racial groups even as we seek to enhance formed in Germany in 1993. those who have not read it, they the common culture that binds us all as Yesterday the guilty’s first line of defense should. Americans. was that human rights was ‘‘an internal I say this as one who participated in Dr. King never failed to define his quest for matter.’’ But dissidents welcomed and were the civil rights struggle three and four racial justice as part of the goal of universal emboldened by international attention. decades ago. I visited the South as well justice for all people. In his historic Human rights subsequently became a univer- ‘‘Dream’’ speech, his ringing peroration sal watchword. Today opponents of corrup- as participated in programs in the North. called for speeding up ‘‘that day when all of tion insist that ‘‘sunlight is the best dis- God’s children, black men, and white men, infectant.’’ During this crucial stage when One of the things that has troubled Jews and gentiles, Protestants and Catho- democracy and must institutionalize or per- me is the willingness of some to create lics, will be able to join hands and sing in the ish, ‘‘transparency’’ may emerge as a banner. a division between the black commu- words of the Negro spiritual, ‘Free at last, For the first time in 60 years, there is no nity and the Jewish community. When free at last, thank God Almighty, we are free international danger of tyranny. Our na- I was involved in the civil rights strug- at last.’ ’’ tional interest is more immediately menaced In Martin Luther King Jr., American Jews today by such ‘‘unconventional’’ dangers as gle, those in the white community who were most active in behalf of the rights always had a friend and an ally who under- international crime cartels, the smuggling of stood Jewish agony even as we tried to un- weapons of mass destruction, drug traffick- of African-Americans were not derstand the agony of his people. Only ing, the spread of pestilent viruses—all of Lutherans—which I am—nor Catholic— months before he died, he wrote. ‘‘It is not which entail corrupt government officials. which my wife is—nor Baptist nor only that antisemitism is immoral—though Corruption has been provided the pretext for Presbyterian nor Episcopalians. They that alone is enough. It is used to divide tyrants to topple fledgling democracies. Al- were people of the Jewish faith. Negro and Jews—who, have effectively col- ready, pervasive corruption has paved the With the name of SIMON, people as- laborated in the struggle for justice.’’ way for reaction in and around Russia. To- That collaboration can and most endure day’s decisive battles for democracy and de- sume that I am Jewish and particu- larly when I get on some call-in radio despite some difficult policy differences that velopment may be fought on the terrain of have developed over how best to overcome corrupt practices. program when there is a predominately the discrimination and disadvantage and in- African-American audience, I will oc- equality that persist. Dr. King would un- [From the New York Times, Apr. 16, 1996] casionally get some of the haters on doubtedly share his widow’s satisfaction in A DEFEAT FOR BUSINESS BRIBERY ABROAD the phone. I have to add that happens knowing that every King holiday since 1985 The United States has successfully pres- occasionally in white communities. has prompted more and more interracial and sured its allies to stop subsidizing corrup- I am pleased to say that compared to interreligious commemorations during tion. Western European governments rou- 50 years ago, anti-Semitism is not as which his life and work are remembered and tinely allow companies that pay bribes to great a problem today as it was then. commitments renewed to help realize his win business contracts from foreign officials dream. to deduct those kickbacks from their taxable But we have to learn to become one In the nation’s capital, two events have al- income. Last week the Organization for Eco- Nation under God, indivisible and ways been particularly moving. At one, the nomic Cooperation and Development, a reach out to one another regardless of Embassy of Israel fills its auditorium with group of 26 major industrialized countries, our personal background. several hundred invited guests from the po- agreed to end tax-deductible bribes. That I ask that Hyman Bookbinder’s arti- litical community, the Jewish community does not go nearly as far as America, which cle be printed into the CONGRESSIONAL and the black community. Each year, one outlaws foreign bribery altogether, would RECORD. African American and one Jewish American like, but it is a big first step. The article follows: are cited for their special contributions to Industrial countries outlaw bribes within civil rights. The other event, a collaboration IT IS NOT ENOUGH NOT TO BE RACIST their borders, but only the United States with the city’s principal black churches, fills bars companies from paying bribes to foreign (By Hyman Bookbinder) the sanctuary of Washington Hebrew con- officials. That noble stance puts American I’ll never forget that moment 12 years ago. gregation at a Friday evening Sabbath serv- business at a disadvantage when competing I recall it with special poignancy every Mar- ice. The church choirs enrich the moving for a foreign contract against businesses tin Luther King Day. ceremony. that operate under no such constraints. The I was sitting in a reserved Senate gallery, At this year’s events, the year just ended United States has labeled the payment of and proud to find myself right behind provides grounds for much despair but also bribes a trade barrier and is fighting to get Coretta Scott King, widow of the slain civil for some hope. The bigots and racists, the its trade partners to end the practice com- rights leader. The senators had just given antisemites and hate groups are still doing pletely. The Administration says it has iden- overwhelming approval to the King holiday their dirty work. Two much-reported events tified about 100 cases between April 1994 and bill, which had already secured House ap- in 1995 painfully reminded us of the racial di- May 1995 in which American companies lost proval. President Reagan, after long hesi- vide that persists. When Susan Smith said business to those that paid bribes to foreign tation, had stated that he would now sign that ‘‘a black man’’ had kidnapped her chil- officials in order to win contracts in the con- such legislation. So the Senate vote meant dren, she counted on anti-black stereotyping struction, telecommunications and other lu- that the long campaign had finally suc- to add credibility to her story; when the lie crative industries. ceeded. was revealed, black Americans were furious. April 16, 1996 CONGRESSIONAL RECORD — SENATE S3411 And, of course, the opposite reactions to the My father came away from Nuremberg mete out fair, yet swift punishment to those O. J. Simpson verdict among blacks and with a greater understanding and fervor for who would commit crimes against humanity. whites told us more than we wanted to be- the need to uphold freedom and human Sadly, that vision for the future remains lieve. How many more Mark Fuhrmans were rights and to speak out against intolerance, unfulfilled. there? tyranny and violence wherever it may rear If we had taken the lessons of Nuremberg But if there are racists in America, it does its head. to heart, the ghastly killing fields of Cam- not mean that we are a racist nation or that It’s why he campaigned so vigorously to bodia might have been averted. If the inter- most Americans are racists. If this were so, establish genocide and crimes against hu- national community had forcefully en- could a Colin Powell be odds-on favorite pub- manity as violations of international law. shrined the legal precedents of Nuremberg, lic personality in the country? Would the It’s why, he was such a fervent advocate for the perpetrators of atrocious violence in the Congress of a racist country enact a legal the civil rights movement in this country. past half-century, from Idi Amin and Pol Pot holiday for a black civil rights champion? And it’s why he fought so hard as a United to Saddam Hussein and Chairman Mao would But it is not enough not to be racist. It is States Senator to eradicate the scourge of have been forced to explain their behavior incumbent upon all of us to isolate and repu- gun violence and drug use from our nation’s under the harsh spotlight of international diate those who are. It is essential that we streets. jurisprudence. insist upon full compliance with the laws en- While I take great pride in the role my fa- Regrettably in 1996, the legacy of intoler- acted to counteract discrimination and in- ther played at Nuremberg, my appreciation ance and hatred that was prosecuted at Nur- equality. And it is our responsibility to see for your efforts at Nuremberg is just as emberg lives on in the smoldering suburbs of that our schools and workplaces and church- great. When the gas chambers, death camps Sarajevo and in the mass graves of Kigali. es do their part in closing the gap between and wanton destruction that Nazism had But, commemorating your accomplish- ‘‘majority’’ and ‘‘minority’’ Americans. wrought on Europe was revealed, you were ments of the past gives us reason to redouble All this, and much more, we must do, but burdened with a grave responsibility. To not our efforts for the future. Now, just as at the not in a patronizing, paternalistic spirit. We only punish the guilty but to reassure the end of World War II, we stand on the cusp of owe it to ourselves to help create a society world that future generations would never a new international era. We have the oppor- that, as Dr. King admonished us, judges its forget the horrors and atrocities of the tunity to make good on the lessons of Nur- people by the content of their character, not Nazis. emberg and enshrine into international law by the color of their skin. We would all be It was no easy task, particularly when the the notion that those who violate the norms the winners. weight of the living was compounded by the of basic human rights will not escape from To Coretta King’s gracious, generous com- ghosts of history that stood behind you. the long arm of the law. ment that today is ‘‘your holiday too,’’ every At Nuremberg, your voice spoke for the Today we can see those efforts take flight, American should respond, ‘‘Yes, racial dis- millions of innocents who drew their final as the international community is working advantage is our problem too.’’∑ breaths at Auschwitz, Treblinka, and Da- to bring suspected war criminals to trial in chau. At Nuremberg, your vigor and energy Bosnia and Rwanda. These tribunals seek to f guaranteed that the millions, who suffered punish those responsible for genocide, war so egregiously—from London to Leningrad— THE 50TH ANNIVERSARY OF THE crimes and crimes against humanity while at would see justice prevail. And at Nuremberg the same time begin the process of reconcili- NUREMBERG WAR CRIMES TRI- you affirmed that those who committed the ation for countries torn apart by violence. BUNAL worst atrocities the world has ever witnessed Without justice in Bosnia and Rwanda the Mr. DODD. Mr. President, about a would ultimately be held accountable for cycle of violence may only continue. Effec- month ago, the survivors of the Nurem- their crimes. tive and fair tribunals will silence the calls Reading through my father’s letters the for retribution and remove the heavy burden berg Tribunal met here in Washington frustration and challenges that all of you of collective guilt from entire communities. for their 50th reunion. The Nuremberg must have felt at one time or another comes Let us remember that not all Serbs or War Crimes Tribunal holds a special through clearly. But, what is even more ap- Hutus are murderers. Most seek only to significance for me because of the role parent are the deep character, humanity and enjoy the ‘‘quiet miracle of life.’’ They strive my father, Senator Thomas Dodd, integrity of all those who toiled so emphati- for simple normalcy. They want only to raise played as an executive trial counsel at cally in the name of justice and the rule of their children in peace, and make an honest the tribunal. law. living among neighbors in which they have I think my father sums it up best in one of only trust, and not fear. Those who participated in the Nur- his letters: ‘‘Sometimes a man knows his These tribunals will punish those Serbs emberg tribunal deserve a special place duty, his responsibility so clearly, so surely and those Hutus who are guilty. But, at the in our Nation’s history. At the end of he cannot hesitate—he does not refuse it. same time it will allow the vast majority of World War II, when the heinous atroc- Even great pain and other sacrifices seem people, who have committed no crime, to ities of the Holocaust were revealed to unimportant in such a situation. The pain is work with their neighbors in beginning the the world, the inevitable impulse to no less for this knowledge—but the pain has national healing process. lash out in retaliation against those re- a purpose at least.’’ Yet, these tribunals serve another effective sponsible would have been understand- But as these words remain relevant and en- role: Demonstrate to future criminals that during today, so too are the legal doctrines ultimately they will be held accountable. able. and precedents that Nuremberg established. Some scoff at the notion that inter- But, in Nuremberg the hand of venge- Nuremberg enshrined into international national tribunals can prevent future geno- ance was steadied by the belief in the law the principles that war crimes, crimes cides. But, the Hutu murderers in Rwanda rule of law. Thus, our triumphs on the against humanity and genocide would not be took inspiration from the failure of the battlefield led to the ultimate triumph tolerated. It declared that respect for human international community to act after simi- of our ideals in the Palais of Justice in rights was an international responsibility to lar ethnic massacres in Burundi. Much in the Nuremberg. This is the legacy of Nur- be maintained and venerated by all nations same way that Hitler took inspiration from of the Earth. And, it held that evil would not the world’s failure to react to the Armenian emberg and all those who participated be faceless. Those responsible for crimes genocide in 1915. in the tribunal. I ask to have printed in against humanity would be exposed to the In 1993, 50,000 ethnic Hutu and Tutsi were the RECORD a list of all those who were world. savagely murdered while the international attended the recent reunion as well as I think the words of the chief prosecutor in community did nothing to stop the violence. my remarks at the 50th reunion cele- Nuremberg, Supreme Court Justice Robert In addition, they failed to establish any sys- bration. Jackson, are eloquent reminders of the goals tem whereby the perpetrators would be The material follows: of Nuremberg: The wrongs which we seek to brought to justice. The result was an condemn and punish have been so calculated, emboldened Hutu majority, who had little REMARKS OF SENATOR CHRISTOPHER J. DODD, so malignant and so devastating, that civili- fear of punishment from the international THIRD NUREMBERG REUNION, MARCH 22, 1996 zation cannot tolerate their being ignored community. Let me first say what a great pleasure it is because it cannot survive their being re- There is no better way to make this lesson to be here this afternoon and surrounded by peated. clear to all the world’s would-be tyrants and so many people who played such an impor- However, while my father left Nuremberg murderers than through the establishment of tant role in my father’s life. with invaluable lessons that compelled him an permanent international tribunal to pros- My father often said that his participation to fight for freedom and human dignity ecute those responsible for war crimes, in the Nuremberg trials was the seminal around the world, the international commu- crimes against humanity or genocide. event of his public life. The fifteen months nity largely ignored the lessons of Nurem- At the dedication ceremony for the Thom- he spent in Germany, prosecuting Nazi war berg. as Dodd Research Center at the University of criminals, defined the type of lawmaker he My father, like many of you in this room, Connecticut, President Clinton called for the would become and dictated the issues that he left Nuremberg envisioning a world in which creation of a permanent international tribu- so passionately fought for throughout his ca- the rule of law would deter future tyrants, nal. I commend him for his foresight. And I reer in the Senate. and where international tribunals would call on all of us, who understand so well the S3412 CONGRESSIONAL RECORD — SENATE April 16, 1996 importance of international tribunals, to manity is justice. That s why defendants Miroslav Galuska, Anne Royce Garcia, Wil- work with the President and other world were given the right to defend themselves, liam H. Glenny, Judge Cecilia Goetz, Greta leaders to permanently enshrine the legacy that’s why they were given the right to Kanova Goldberg, Elisabeth Stewart Hardy, of Nuremberg into international law. choose their own legal representation and Professor Whitney R. Harris, Richard Heller, A permanent international tribunal would that’s why three of them were acquitted of Esq., Mary Madelaine Trumper Husic, Wil- send a clear signal to those intent on com- all charges. liam E. Jackson, Esq., Peter & Annette Ja- mitting terrible atrocities that they will be Whatever the legacy of Nuremberg on cobsen, Arnold Joseph, Esq., Arthur A. held culpable for their behavior. international law, my father and every per- Kimball, Henry T. King, Jr., Esq., Florence Will an international tribunal stop all fu- son in this room can look back to Nuremberg B. Kramer, Richard H. Lansdale, Esq., Prof. ture atrocities? Regrettably, no. There will and remember that when the deafening calls John K. Lattimer, MD, ScD, Jennie be more Yugoslavias, more Rwandas, and for vengeance were heard you silenced them Lazowski, Jane Lester, Margot Lipton, Andy more Burundis. with the sounds of justice. Logan Lyon, Herbert Markow, Esq., Maxine But, a permanent international tribunal Once again, I hark back to the words of Martin. will create a lasting framework for the pros- Justice Jackson in describing these actions: Ralph S. Mavrogordato, Esq., Alice Blum ecution of war criminals. It will prevent jus- ‘‘That four great nations, flushed with vic- Mavrogordato, Mary May, Alma Soller tice from being contingent on ad hoc meas- tory and stung with injury stay the hand of McLay, Pat Gray Pigott Mowry, Lady Mar- ures such as those we’ve seen in Bosnia. And vengeance and voluntarily submit their cap- jorie Culverwell Murray, Gwen Heron Niebergall, Jeanette Stengel Noble, Betty it will quicken and normalize the implemen- tive enemies to the judgment of the law is Richardson Nute, Arthur L. Peterson, Esq., tation of humanitarian laws. one of the most significant tributes that Mlle. Marta Pantleon, Joan Wakefield As I don t have to remind you, establishing Power has ever paid to Reason.’’ Ragland, Siegfried Ramler, Esq., William an international tribunal and prosecuting Looking through my father’s letters, I Raugust, Esq., Dorothy Owens Reilly, Jack war criminals can be a messy, patchwork op- came across a wonderful anecdote from his eration. W. Robbins, Esq., Walter J. Rockler, Esq., time in Nuremberg. After only a few weeks Robert Rosenthal, Esq., Phillis Heller Rosen- In Nuremberg, there were few legal prece- in the country he had the opportunity to go dents by which to model the trial. In par- thal, Howard H. Russell, Jr., Esq., Gunther to a baseball game at the same Nuremberg Sadel, Esq., Mildred Clark Sargent, Walter ticular, new doctrines and concepts in inter- stadium where ‘‘Hitler corrupted and misled T. Schonfeld, Julian R. Schwab, Victor Sing- national law had to be created. ‘‘War crimes, the youth of Germany.’’ er, Esq. may be familiar to us today,’’ but in 1945 But on that day the voices of evil that had Vivien R. Spitz, Drexel A. Sprecher, Esq., they were not defined in any international or once found shelter in Nuremberg were re- Prof. Alfred G. Steer, Ruth M. Stolte, Joseph even national legal sense. placed by 40,000 Americans doing the ‘‘most M. Stone, Esq., Annabel Grover Stover, Prof. The same can be said of crimes against hu- American of things’’; watching a baseball Telford Taylor, Claire Bubley Tepper, Fred manity, which was a concept that remained game and calling the umpires names and the Treidell, Esq., Jean Tuck Tull, Lt. Col.(ret.) untested in international law. In Nuremberg, players ‘‘bums.’’ Peter Uiberall, Dr. Herbert Ungar, Patricia you not only had to prosecute Nazi war In many ways, something as wholesome Jordan Vander Elst, Inge Weinberger, Lor- criminals, but you had to establish the inter- and American as baseball is a wonderful met- raine White, Rose Korb Williams, M. Jan national laws under which they would be aphor for the triumph of American opti- Witlox, David J. Smith, John M. Woolsey, tried. mism, American ideals and American democ- Esq., Hon. & Mrs. Wiliam Zeck, Werner Von As Justice Jackson noted in his opening racy over the forces of intolerance and de- Rosenstiel, and Lawrence L. Rhee. ∑ statement at Nuremberg: ‘‘Never before in pravity, represented by Nazism. f legal history has an effort been made to In Nuremberg, America’s commitment to bring within the scope of a single litigation democracy and the ideals enshrined in our ANGELS WITH HAMMERS the developments of a decade, covering a Constitution remained intact even in the ∑ Mr. HATFIELD. Mr. President, my whole Continent, and involving a score of na- face of unspeakable horror. In many ways tions, countless individuals, and innumer- home State of Oregon has been hit hard this is the ultimate legacy of Nuremberg; in recent months. With the damage able events.’’ that our triumph in arms led to the triumph But, the creation of a permanent tribunal of our ideals. wrought by this winter’s violent wind- would revamp the currently ad hoc nature of When historians look back at the events storms and recordbreaking floods, international tribunals. It would streamline that unfolded in the Palais of Justice in Nur- many Oregonians were left to wonder if the process of prosecuting those who commit emberg 50 years ago, it is that proud legacy God was somehow angry with us. The crimes against humanity. But most impor- they will remember. And today it is our re- helping hand that a Mennonite group tant, it would serve as an enduring tribute to sponsibility to make sure that heritage lives has provided to a small Oregon town your tireless labors at Nuremberg on behalf on for the next generation. reminds us how faith can be a powerful of the international rule of law. For the past 50 years, through wonderful healer for a community. In many ways the question of inter- books such as Telford Taylor’s ‘‘The Anat- national jurisprudence and the rule of law, A recent feature in The Oregonian omy of the Nuremberg Trials’’ and now the newspaper, titled ‘‘Angels With Ham- while maybe mundane to some is the embod- research facilities at the Dodd Center in Con- iment of the spirit of Nuremberg. necticut, you’ve kept the events of a half- mers’’ by Bryan Denson, related the as- After the surrender of Germany and once century ago burning bright in the world’s sistance the Christian Aid Ministries the ghastly atrocities of the Holocaust had eyes. Tirelessly, you’ve worked to illuminate Disaster Response Service has brought been revealed to the world the impulse to the lessons of those bygone days to a world to the tiny town of Vernonia, OR. lash out in vengeance at those responsible that so quickly forgets the lessons of his- Vernonia suffered $9 million worth of for these crimes would have been under- tory. damage last February, when the crest- standable. Some leaders echoed these Our duty today is to build on that proud ing rivers flowed into the community’s thoughts. Winston Churchill, in fact, called tradition with the creation of a permanent schools, homes, and businesses. Emer- for the execution of Nazi leaders, without international tribunal to prosecute war trial. gency services pulled out of town when crimes. I can think of now better way to give the immediate crisis of the flood But, the United States and its Allies ended your labors at Nuremberg a truly lasting, en- this war the same way they had fought it, by during, and tangible imprint on human his- passed, and Vernonia’s 2,250 residents embodying, as Abraham Lincoln once said, tory and all of mankind. faced the daunting task of rebuilding ‘‘the better angels of our nature.’’ their community. The struggle of World War II is as close as PARTICIPANTS IN THE NUREMBERG TRIAL AND They found help from a most unex- THIRD NUREMBERG REUNION any civilization will find to a pure struggle pected source. The first of a wave of between good and evil. And not only did the Joan McCarter Adrian, John M. Anspacher, Esq., Beatrice Johnson Arntson, Marvin F. Mennonites arrived, led by Paul Wea- forces of good triumph on the battlefield, but ver and Dan Hostetler. These volun- they triumphed in the courtroom at Nurem- Atlas, Carrie Burge Baker, Ruth Holden berg as well. Bateman, Henry Birnbaum, Esq., Dr. John teers were soon joined by some New When millions of innocent Jews stood on Boll, Madelaine Bush, Helen Treidell Carey, Order Amish and Apostolic Christians. the railroad sidings at Auschwitz, Treblinka Edith Simon Coliver, James S. Conway, Esq., they offered to repair the dining hall of and Dachau to be chosen for the gas cham- Donald H. Cooper, Esq., Raymond D’Addario, a local outdoor school in return for bers they were unjustly stripped of their Esq., Mr. & Mrs. Vernon W. Dale, Christiane shelter. Then they volunteered their rights and their liberties. Deroche, Mary Turley Lemon Devine, Nich- free labor and construction expertise They weren’t granted the right of due proc- olas R. Doman, Esq., Mr. & Mrs. Arthur for a number of the community’s re- Donovan, Esq., Allan Dreyfuss, Esq., Mr. & ess. They weren’t given the right to defend building needs. For the last 6 weeks, themselves or speak on their own behalf. In Mrs. Demetrius Dvoichenko-Markov, Mary the concentration camps, the only form of Crane Elliott, Hedy Wachenheimer Epstein, the Mennonites have worked side by justice was down the barrel of a gun. Margo Salgo Fendrich, Theodore F. side with the people of Vernonia, re- But at Nuremberg, the Allies recognized Fenstermacher, Esq., Mr. & Mrs. Benjamin building homes destroyed by the flood- that the only antidote to savagery and inhu- Ferencz, Dr. Paul G. Fried. ing. April 16, 1996 CONGRESSIONAL RECORD — SENATE S3413 By late May, the group expects to and her PhD. from the University of Syracuse team they would suit up have renovated at least 30 Vernonia Virginia. against on April 1, 1996, would be able homes. Then they will quietly move on Rita E. Hauser is an American attor- to shake the Cat’s unapologetic de- to another community in need of the ney, currently president of the Hauser fense. same assistance. The Ohio-based Foundation. She is chair of the board In the end, even the upset magic that Cristian Aid Ministries Disaster Re- at the International Peace Academy was in the tournament’s air from the sponse Service was formed in 1992 in and chair of the Advisory Board of the first jump ball, was simply no match the wake of Florida’s Hurricane An- Greater Middle East Studies Center at for their depth and their talent. drew. They have helped rebuild hun- RAND. From 1986 to 1992, she was a The fans were right to ask ‘‘Who are dreds of homes in disaster-stricken member of the advisory panel on inter- those guys?’’ But, the Wildcats have a communities all over the Nation. national law at the U.S. Department of coach that knew how to take raw tal- I am always heartened by stories State. From 1983–91, she served as the ent, combine it with an unmatched about the generosity of strangers, and U.S. Chair for the International Center professionalism, sportsmanship, and the help these good samaritans have for Peace in the Middle East. some downright dangerous weapons— brought to one Oregon town is excep- I know my colleagues join me in hon- from Derrick Anderson’s three-pointers tional. I want to take this opportunity oring these two women who are well to Walter McCarthy’s thunderous to publicly thank these Mennonite deserving of receiving the Jane Addams dunks to Ron Mercer’s slashing drives brethren and the volunteers working International Women’s Leadership to Anthony Epps’ ball handling—to with them for the healing aid they Award for 1996.∑ turn back the challengers, one by one. have brought to Vernonia. Through f And of course there was Tony Delk. their quiet and unexpected efforts, COMMENDING THE UNIVERSITY OF He had 7 three-pointers and 10 rebounds they have relieved a community in KENTUCKY’S MEN’S BASKET- in the final game against Syracuse’s great need and inspired many with BALL TEAM ON ITS SIXTH NA- scrappy Orangemen. But, as he bent their faith. The mayor of Vernonia, TIONAL CHAMPIONSHIP down to help up a fallen Syracuse play- Tony Hyde, summed up this act of self- er, he came to epitomize not just the Mr. LOTT. Mr. President, I ask unan- lessness perfectly when he said, ‘‘It’s outstanding playing that marked this imous consent that the Senate proceed pretty special—Christianity at its tournament, but the outstanding to the immediate consideration of Sen- sportsmanship as well. best.’’ ate Resolution 244, a resolution to com- As an aside, I would also like to com- But, this was one player’s victory. mend and congratulate the University mend the reporter that produced the Those five starters weren’t the whole of Kentucky on its men’s basketball account of this effort in Vernonia, team by any means. With no player team winning its sixth National Colle- Bryan Denson, and The Oregonian for averaging much over 20 minutes per giate Athletic Association champion- game the whole season, the Wildcats publishing this piece. Oftentimes read- ship, submitted earlier today by Sen- ing the morning paper causes one to succeeded because of their ability to ators FORD and MCCONNELL. rely on one another’s strengths, no want to crawl back in bed. The inspira- The PRESIDING OFFICER. Is there tional tone of this article would make objection to the immediate consider- matter what a player’s position in the any reader anxious to greet a new day ation of the resolution? lineup. and to lend a hand to their neighbor. ∑ There being no objection, the Senate That’s because this was a team in f proceeded to consider the resolution. every sense of the word, with a depth and wealth of talent that was the envy THE JANE ADDAMS INTER- Mr. FORD. Mr. President, there is a scene in the movie ‘‘Butch Cassidy and of the entire NCAA. Rick Pitino said NATIONAL WOMEN’S LEADER- more than once that his players SHIP AWARD FOR 1996 the Sundance Kid’’ where the heroes, successful and unchallenged for years, checked their egos at the door. And be- ∑ Mr. SIMON. On May 8, 1996, in Chi- suddenly find themselves chased by an cause of that, when they went back out cago, the Jane Addams International unshakeable posse. that door, they went as winners. Women’s Leadership Award for 1996 Each time the posse reappears, the They rib us a bit about taking our will be presented. For the first time, pressure builds on the heroes and they basketball too seriously in Kentucky. this award will be given jointly to two feel a little less invincible, their pursu- And apocryphal stories about fans women. ers’ skills a little more impressive. being buried in their Wildcat sweat The International Women’s Leader- ‘‘Who are those guys?’’ they keep ask- suits or calling on Coach Pitino to help ship Award is named for Jane Addams, ing. settle their marital spats, sometimes the first American woman to receive Over the 3 weeks leading up to the make it seem so. the Nobel Prize for Peace. It honors weekend of the National Collegiate But, when you see a team of such women whose strong leadership makes Athletic Association Championships’ gifted athletes work together in a way a practical difference across national final four, fans found themselves that seems almost effortless—and com- boundaries and cultural divisions. watching upset after upset, crossing off bine it with a professionalism on and This year’s winners are Dr. Hanan one favored pick after another, off the court that makes them true Ashrawi and Rita E. Hauser. These scratching their heads and saying, role models to their peers and their women act daily in the spirit of Jane ‘‘Who are those guys?’’ young admirers—then Kentucky’s de- Addams, breaking down the national Those upsets are testament to the in- votion to her basketball doesn’t seem and cultural barriers that can work credible talent we saw on display dur- misplaced one bit. against peace. Their efforts have been a ing the NCAA championships this year. The University of Kentucky’s year major factor in the progress toward And the incredible pressure. That’s was marked by one amazing statistic peace in the Middle East. In a time of why after going through nickname after another. They not only had a 34 ever increasing partisanship, the coop- after nickname for his team, the Uni- and 2 record—the best record since the erative spirit and work of these two versity of Kentucky’s Coach Rick 1953–54 Cats went 25 and 0, but at one women is inspiring. Pitino finally settled on the ‘‘untouch- point had strung together 27 consecu- Dr. Hanan Ashrawi, a Palestinian ables,’’ because they never let any of tive wins, the longest in the country. professor, is currently Commissioner that pressure touch them. And they finished a very, very tough General of the Palestinian Independent Game after game during the tour- SEC regular season undefeated, the Commission for Citizens Rights. She nament, those players came out profes- first time that’s been done in four dec- was recently elected to the Palestinian sional, poised, and untouched by the ades. The Wildcat’s average margin of Parliament. As spokesperson for the pressure that had the most devoted of victory in the NCAA tournament was Palestinian delegation to the Middle Wildcat fans cautious in their pre- 21.5 points per game—the fourth best East talks until 1993, she was instru- dictions for Monday night’s final out- margin of victory in the history of the mental in forging the peace. Dr. come. game. Ashrawi received her B.A. and M.A. But as Sports Illustrated pointed out, And, while the players’ incredible from American University of Beruit not even the magnificently courageous talent and the unmatched coaching S3414 CONGRESSIONAL RECORD — SENATE April 16, 1996 skills of Rick Pitino are enough to as- ity party membership of the Labor and Florida, as the ‘‘James Lawrence King sure that no one will be asking ‘‘who Human Resources Committee and ask Federal Justice Building,’’ was consid- are those guys?’’ about the Kentucky for its immediate consideration. ered, ordered to a third reading, read Wildcats anytime soon, I believe it is The PRESIDING OFFICER. The the third time, and passed, as follows: only right that the U.S. Senate should clerk will report. H.R. 255 be on record saluting their accomplish- The legislative clerk read as follows: Be it enacted by the Senate and House of Rep- ments. A resolution (S. Res. 245) making majority resentatives of the United States of America in And so I urge my colleagues in join- party appointments to the Labor and Human Congress assembled, ing me in the adoption of a resolution Resources Committee. SECTION 1. DESIGNATION. commending the University of Ken- The PRESIDING OFFICER. Is there The Federal Justice Building located at 99 tucky basketball team. objection to the immediate consider- Northeast Fourth Street in Miami, Florida, Mr. LOTT. Mr. President, I ask unan- ation of the resolution? shall be known and designated as the ‘‘James imous consent that the resolution be There being no objection, the Senate Lawrence King Federal Justice Building’’. agreed to, and motion to reconsider be proceeded to consider the resolution. SEC. 2. REFERENCES. laid upon the table, that the preamble Mr. ABRAHAM. Mr. President, I rise Any reference in a law, map, regulation, be agreed to, and that any statements in support of adoption of Senate Reso- document, paper, or other record of the Unit- relating thereto be placed in the lution 245 which will have the effect of ed States to the Federal building referred to in section 1 shall be deemed to be a reference RECORD at the appropriate place as if removing me from membership on the to the ‘‘James Lawrence King Federal Jus- read. Labor and Human Resources Commit- tice Building’’. The PRESIDING OFFICER. Without tee. Although I would have liked to re- f objection, it is so ordered. tain my assignment on the Labor Com- So the resolution (S. Res. 244) was mittee, I support this action in def- THOMAS D. LAMBROS FEDERAL agreed to. erence to rule XXV of the Standing BUILDING AND UNITED STATES The preamble was agreed to. Rules of the Senate. Rule XXV limits COURTHOUSE DESIGNATION ACT The resolution, with its preamble, is the number of committees on which The bill (H.R. 869) to designate the as follows: each Member may serve during a Con- Federal building and U.S. Courthouse S. RES. 244 gress. In combination with rule XXV, located at 125 Market Street in Whereas the University of Kentucky Wild- and the seniority considerations within Youngstown, Ohio, as the ‘‘Thomas D. cats men’s basketball team defeated Syra- the Senate Republican conference, cuse University’s team on April 1, 1996, in Lambros Federal Building and U.S. which dictate the basis by which Mem- East Rutherford, New Jersey, to win its sixth Courthouse,’’ was considered, ordered bers obtain waivers to serve on more National Collegiate Athletic Association to a third reading, read the third time, than two ‘‘A’’ committees, I am not el- (NCAA) championship; and passed, as follows: Whereas the senior members of this team, igible at this time to continue to serve during their four-year varsity careers, were on the Labor Committee during the re- H.R. 869 also NCAA semi-finalists and three-time mainder of the 104th Congress. Be it enacted by the Senate and House of Rep- champions of the Southeastern Conference; Mr. LOTT. Mr. President, I ask unan- resentatives of the United States of America in Whereas Coach Rick Pitino, his staff, and imous consent that the resolution be Congress assembled, his players displayed outstanding dedication, agreed to, and the motion to reconsider SECTION 1. DESIGNATION. teamwork unselfishness, and sportsmanship be laid upon the table. The Federal building and United States throughout the course of the season in courthouse located at 125 Market Street in achieving collegiate basketball’s highest The PRESIDING OFFICER. Without Youngstown, Ohio, shall be known and des- honor, earning for themselves the nickname objection, it is so ordered. ignated as the ‘‘Thomas D. Lambros Federal ‘‘The Untouchables’’; and So the resolution (S. Res. 245) was Building and United States Courthouse’’. Whereas Coach Pitino and the Wildcats agreed to, as follows: SEC. 2. REFERENCES. have brought pride and honor to the Com- S. RES. 245 Any reference in a law, map, regulation, monwealth of Kentucky, which is rightly Resolved, That notwithstanding any provi- document, paper, or other record of the Unit- known as the basketball capital of the world: sion in Rule 25 or 26, the following be the ed States to the Federal building and United Now, therefore, be it States courthouse referred to in section 1 Resolved, That the Senate commends and majority party membership on the Commit- shall be deemed to be a reference to the congratulates the University of Kentucky on tee on Labor and Human Resources for the ‘‘Thomas D. Lambros Federal Building and its outstanding accomplishment. 104th Congress, or until their successors are United States Courthouse’’. SEC. 2. The Secretary of the Senate shall appointed: transmit a copy of this resolution to the Labor and Human Resources: Mrs. KASSE- f president of the University of Kentucky. BAUM (Chairman), Mr. JEFFORDS, Mr. COATS, Mr. GREGG, Mr. FRIST, Mr. DEWINE, Mr. f JUDGE ISAAC C. PARKER ASHCROFT, Mr. GORTON, and Mr. FAIRCLOTH. FEDERAL BUILDING ACT MEASURES INDEFINITELY POST- f PONED—CALENDAR NOS. 124, 164, The bill (H.R. 1804) to designate the THE CALENDAR AND 247 United States Post Office-Courthouse Mr. LOTT. Mr. President, I ask unan- located at South 6th and Rogers Ave- imous consent that the Senate proceed nue, Fort Smith, Arkansas, as the ORDER REGARDING S. 1124, S. 1125, to the consideration of calendar No. ‘‘Judge Isaac C. Parker Federal Build- AND S. 1126 VITIATED 354, H.R. 255; calendar No. 355, H.R. 860; ing,’’ was considered, ordered to a third Mr. LOTT. Mr. President, I ask unan- calendar No. 356, H.R. 1804; calendar reading, read the third time, and imous consent that the following cal- No. 357, H.R. 2415; and calendar No. 358, passed, as follows: endar numbers be indefinitely post- H.R. 2556, en bloc, the bills be deemed H.R. 1804 poned: 124, 164, and 247. I further ask read the third time, and passed, the Be it enacted by the Senate and House of Rep- that the unanimous consent order of motions to reconsider be laid upon the resentatives of the United States of America in September 6, 1995, regarding S. 1124, S. table, all occurring en bloc, and that Congress assembled, 1125, and S. 1126 be vitiated. any statements relating to the bills be SECTION 1. DESIGNATION. The PRESIDING OFFICER. Is there placed at the appropriate place in the The United States Post Office-Courthouse objection? RECORD. located at South 6th and Rogers Avenue, Without objection, it is so ordered. The PRESIDING OFFICER. Without Fort Smith, Arkansas, shall be known and designated as the ‘‘Judge Isaac C. Parker f objection, it is so ordered. Federal Building’’. f REGARDING MAJORITY PARTY SEC. 2. REFERENCES. MEMBERSHIP OF THE LABOR THE JAMES LAWRENCE KING FED- Any reference in a law, map, regulation, AND HUMAN RESOURCES COM- ERAL JUSTICE BUILDING DES- document, paper, or other record of the Unit- MITTEE IGNATION ACT ed States to the United States Post Office- Courthouse referred to in section 1 shall be Mr. LOTT. Mr. President, I send to The bill (H.R. 255) to designate the deemed to be a reference to the ‘‘Judge Isaac the desk a resolution regarding major- Federal Justice Building in Miami, C. Parker Federal Building’’. April 16, 1996 CONGRESSIONAL RECORD — SENATE S3415

THE TIMOTHY C. MCCAGHREN CUS- F. Bennett, Spence Abraham, Conrad Burns, The Senate may be asked to turn to TOMS ADMINISTRATIVE BUILD- Alan K. Simpson, William V. Roth, Bill any other legislative items that could ING Cohen, Lauch Faircloth, Slade Gorton. be cleared for action. Mr. LOTT. Mr. President, I ask unan- The bill (H.R. 2415) to designate the imous consent that the vote occur on f United States Customs Administrative Thursday, April 18 at a time to be de- Building at the Ysleta/Zaragosa Port of termined by the two leaders and the ORDER FOR ADJOURNMENT Entry located at 797 South Zaragosa mandatory quorum under Rule XXII be Mr. LOTT. Mr. President, if there is Road in El Paso, Texas, as the ‘‘Timo- waived. no further business to come before the thy C. McCaghren Customs Adminis- The PRESIDING OFFICER. Without Senate, I now ask that the Senate trative Building,’’ was considered, or- objection, it is so ordered. stand in adjournment under the pre- dered to a third reading, read the third Mr. LOTT. I now withdraw the mo- vious order following the remarks of time, and passed, as follows: tion. the distinguished Democratic leader, H.R. 2415 f Senator DASCHLE. Be it enacted by the Senate and House of Rep- ORDERS FOR WEDNESDAY, APRIL The PRESIDING OFFICER. Without resentatives of the United States of America in objection, it is so ordered. Congress assembled, 17, 1996 SECTION 1. DESIGNATION. Mr. LOTT. Mr. President, I ask unan- f The United States Customs Administrative imous consent that when the Senate Building at the Ysleta/Zaragosa Port of completes its business today, it stand TRIBUTE TO COMMERCE Entry located at 797 South Zaragosa Road in in adjournment until the hour of 9:15 SECRETARY RON BROWN El Paso, Texas, shall be known and des- am, on Wednesday, April 17; further, Mr. DASCHLE. Mr. President, as I ignated as the ‘‘Timothy C. McCaghren Cus- that immediately following the prayer, toms Administrative Building’’. understand it, the resolution which the Journal of the proceedings be honors the memory of Ron Brown is SEC. 2. REFERENCES. deemed approved to date, no resolu- Any reference in a law, map, regulation, still pending, and I want to make a document, paper, or other record of the Unit- tions come over under the rule, the call couple of remarks in regard to that res- ed States to the building referred to in sec- of the calendar be dispensed with, the olution and Secretary Brown before we tion 1 shall be deemed to be a reference to morning hour be deemed to have ex- close tonight. the ‘‘Timothy C. McCaghren Customs Ad- pired, and the time for the two leaders Mr. President, it is with sadness—and ministrative Building’’. be reserved for their use later in the tremendous gratitude for the work f day; that there then be a period for their lives exemplified—that I add my morning business until the hour of 10 voice to those honoring Commerce Sec- VINCENT E. MCKELVEY FEDERAL a.m., with Senators permitted to speak BUILDING DESIGNATION ACT retary Ron Brown and the extraor- therein for up to 5 minutes each, with dinary men and women who died with The bill (H.R. 2556) to redesignate the the following exceptions: Senator him on that plane. Federal building located at 345 Middle- LEAHY for 10 minutes, Senator GRAMM I am sure each of us will long remem- field Road in Menlo Park, California, for 20 minutes, and Senator Grams for ber just where we were and what we and known as the Earth Sciences and 10 minutes; further, that the Senate were doing when we heard that Sec- Library Building, as the ‘‘Vincent E. then immediately resume consider- retary Brown’s plane was missing over McKelvey Federal Building,’’ was con- ation of the conference report to ac- Croatia, and then, moments later, sidered, ordered to a third reading, company S. 735, the terrorism bill. when we learned the plane had crashed. read third time, and passed, as follows: The PRESIDING OFFICER. Is there In my case, I was at home—packing H.R. 2556 objection? to leave for Bosnia, Croatia and Serbia Be it enacted by the Senate and House of Rep- Without objection, it is so ordered. myself. Mr. LOTT. Mr. President, I further resentatives of the United States of America in So many thoughts raced through my ask unanimous consent that imme- Congress assembled, mind. . . . diately following the vote on adoption SECTION 1. REDESIGNATION. I thought of the meeting I was sup- of the terrorism conference report, The Federal building located at 345 Middle- posed to have had the following there be 60 minutes of debate, equally field Road, in Menlo Park, California, and evening in Zagreb with Secretary known as the Earth Sciences and Library divided in the usual form, to be fol- Brown. Building, shall be known and designated as lowed by a vote on cloture on the mo- I thought of how, just a few weeks the ‘‘Vincent E. McKelvey Federal Build- tion to proceed to the Whitewater com- earlier, Secretary Brown had helped an ing’’. mittee resolution. SEC. 2. REFERENCES. The PRESIDING OFFICER. Without electronics company in Rapid City Any reference in a law, map, regulation, objection, it is so ordered. work out the final details of a contract document, paper, or other record of the Unit- with a group in South Africa, and of all f ed States to the Federal building referred to the people in my state who will be able in section 1 shall be deemed to be a reference PROGRAM to work because he went the extra mile to the ‘‘Vincent E. McKelvey Federal Build- Mr. LOTT. Mr. President, for the in- for us. ing’’. formation of all Senators, the Senate But mostly I thought, what a loss. f will resume the terrorism conference What a terrible loss our Nation had CLOTURE MOTION report tomorrow. Under a previous con- just suffered. sent agreement, there will be a limited Ron Brown and the 32 brave Ameri- Mr. LOTT. Mr. President, I now move amount of debate in relations to mo- cans who accompanied him on that to proceed to Senate Resolution 227, tions to recommit the conference re- noble mission to Bosnia represented the Whitewater legislation, and send a port. Members can anticipate rollcall what is best about our Nation: cloture motion to the desk. votes throughout the day on or in rela- A ‘‘can do’’ sense of optimism and de- The PRESIDING OFFICER. The tion to the conference report prior to a termination. clerk will read the motion. vote on adoption. A generosity of spirit. The legislative clerk read as follows: Following final disposition of the ter- And an unshakable belief in democ- CLOTURE MOTION rorism conference report, there will be racy. We, the undersigned Senators, in accord- 1 hour of debate to be followed by a The men and women on that plane ance with the provisions of rule XXII of the vote on cloture on the motion to pro- did not go to Bosnia simply to bring Standing Rules of the Senate, do hereby ceed to the Whitewater resolution. contracts to America—as important as move to bring to a close debate on the the It is also still possible that the Sen- that is. motion to proceed to Senate Resolution 227, regarding the Whitewater extension. ate would resume consideration of the They went to bring hope and prosper- Alfonse D’Amato, Dan Coats, Phil Gramm, immigration bill, if an agreement can ity to Bosnia so that the fragile peace Bob Smith, Mike DeWine, John H. Chafee, be reached with respect to that meas- there might take root and grow, and Jim Jeffords, Frank H. Murkowski, Robert ure. democracy might replace tyranny. S3416 CONGRESSIONAL RECORD — SENATE April 16, 1996 Hours after Secretary Brown’s plane and the ability, to quote Shakespeare, also, who were going to examine that crashed into that mountain, I was on ‘‘to walk abroad and recreate your- war-torn region, to help provide for another plane with Senators HATCH and selves.’’ those less fortunate than ourselves, REID. We spent 9 days in Bosnia, Cro- Ron Brown and the men and women who have suffered the tragedies of that atia and Serbia and four neighboring on that plane died trying to recreate conflict, a conflict of which to this day, states, assessing progress in the imple- the American spirit of democracy and although I have studied it, I cannot un- mentation of the Dayton peace plan. opportunity in a land torn apart by derstand the root causes. Every world leader with whom I met war. But, nevertheless, I had known the stressed the importance of both pro- It is right that we offer these trib- Secretary. While we are of opposite po- moting economic growth and building utes to them. But, in the end, the best litical persuasions, I always remember democratic institutions to achieving a tribute we can pay them is to keep him as a man of great humor. I never sustainable peace in the Balkans. alive their determination to recreate saw him without a twinkle in his eye. Those were the very goals to which what is best about America wherever Always he put forward his hand. There Ron Brown’s trip to Bosnia was dedi- people long for freedom and justice and were several stressful periods in his life cated. opportunity. and I always stretched out my hand, In an article I read, a woman who Let us today rededicate ourselves to because those of us in public office had worked with Secretary Brown said that noble cause. know from time to time there are peri- it wasn’t just that he saw a glass half- I yield the floor. ods that put us to the test. But he met full when others saw it half-empty. His The PRESIDING OFFICER. The Sen- the tests and he served his Nation. optimism was bigger than that. Where ator from Virginia is recognized. I join the distinguished minority others saw a half-empty glass, she said, Mr. WARNER. Mr. President, I wish leader and my colleagues in paying our he saw a glass overflowing with possi- to commend the distinguished Demo- tribute to him as a fine American, to bilities. crat leader for his remarks. I would the aircrews, to all passengers who It would take that kind of vision to like to ask unanimous consent that I were on that plane. We give our heart- see the path to a lasting peace in might add just a few comments of my felt compassion to the families that Bosnia. own. must survive this tragedy and go on to Ron Brown was able to see that path. The PRESIDING OFFICER. Without lead constructive and meaningful lives. And, he was able to make others see it. objection, it is so ordered. Mr. President, I thank the Chair and He was a good salesman. What he f sold was America—not just American distinguished minority leader. TRIBUTE TO COMMERCE goods and services, but American f ideals. SECRETARY RON BROWN The reason he could sell America Mr. WARNER. Mr. President, I, too, with such confidence is that he be- like the distinguished minority leader, ADJOURNMENT UNTIL 9:15 A.M. lieved in America, and in the goal of remember where I was when this tragic TOMORROW making America—and the world—bet- message came. I first thought to my- The PRESIDING OFFICER. The Sen- ter. self that not too many months prior ate, under the previous order, will Ron Brown spent his life transcend- thereto I was with our distinguished stand adjourned until 9:15 a.m., ing boundaries. colleague on a similar mission in that Wednesday, April 17, 1996. Boundaries of race. region. Senator BOB KERREY and I were Thereupon, the Senate, at 7:55 p.m., Boundaries of party. over there, and we actually landed at adjourned until Wednesday, April 17, Boundaries drawn on maps. 1996, at 9:15 a.m. And in transcending those bound- the same airport. This was my fifth trip. I was the very first Senator to aries, he made them less formidable for f all of us. That is part of the great leg- make a trip to Sarajevo some more 1 acy he has left us. than 3 ⁄2 years ago. The thought came I have been reminded these last few to my mind where the Secretary had NOMINATIONS days of a scene in the Shakespearean given his life, together with the air- Executive nominations received by play, Julius Caesar. It is the scene at crews’—aircrews that all of us have the Senate April 16, 1996: traveled with. I traveled with those Caesar’s burial. Caesar has just been GENERAL SERVICES ADMINISTRATION crews and their predecessors for 20-plus falsely maligned by Brutus as a traitor. DAVID J. BARRAM, OF CALIFORNIA, TO BE ADMINIS- Then Mark Antony rises to recall the years formerly as Secretary of the TRATOR OF GENERAL SERVICES, VICE ROGER W. JOHN- Caesar he knew. Navy and now in the U.S. Senate. They SON, RESIGNED. He was, Mark Antony said, a man are a very dedicated and well trained NUCLEAR REGULATORY COMMISSION who loved his country so much he gave group of officers and enlisted men. The HUBERT T. BELL, JR., OF ALABAMA, TO BE INSPECTOR finest the Air Force has, really, are GENERAL, NUCLEAR REGULATORY COMMISSION, VICE his life for it. DAVID C. WILLIAMS. Then he stunned the crowd by read- dedicated to those missions. Those air- ing them Caesar’s will. He had left all craft are somewhat old, but they are DEPARTMENT OF STATE JOHN CHRISTIAN KORNBLUM, OF MICHIGAN, TO BE AN of his possessions to the people of well kept. They are not palatial. ASSISTANT SECRETARY OF STATE, VICE RICHARD Rome. Of course, with the Secretary were a HOLBROOKE, RESIGNED. Even more precious, he had left his very distinguished group of Americans BARBARA MILLS LARKIN, OF IOWA, TO BE AN ASSIST- ANT SECRETARY OF STATE, VICE WENDY RUTH SHER- fellow citizens a legacy of greatness from the private sector, and journalists MAN, RESIGNED. April 16, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E527 EXTENSIONS OF REMARKS

THE INTELLIGENCE COMMUNITY CIA would be confirmed as the premier all- HONORING RETIRING NORTH ACT source analytical agency. DIA continues to be MIAMI POLICE DEPUTY CHIEF the focal point for managing Defense all- LAURENCE R. JURIGA HON. LARRY COMBEST source analysis. OF TEXAS The Clandestine Service, comprising current HON. CARRIE P. MEEK IN THE HOUSE OF REPRESENTATIVES CIA and Defense clandestine human collec- OF FLORIDA Monday, April 15, 1996 tors, would be combined into a single entity IN THE HOUSE OF REPRESENTATIVES Mr. COMBEST. Mr. Speaker, I have intro- and separated from CIA. Monday, April 15, 1996 duced today the Intelligence Community Act. A new Technical Collection Agency [TCA] Mrs. MEEK of Florida. Mr. Speaker, after This bill represents an important stage in our would manage the technical collection activi- more than 31 years of service with the North committee's major project, IC21: The Intel- ties of signals, imagery and measurement, Miami Police Department, Laurence R. Juriga ligence Community in the 21st Century. and signatures intelligence. retired on April 10, 1996. He began his career The Intelligence Community Act makes A new Technology Development Office in 1964 as a patrol officer and is retiring as comprehensive changes in how we manage [TDO] would manage intelligence community deputy chief of police. intelligence. I would like to outline for my col- research and development. Chief Juriga distinguished himself over three leagues the principles that have led to this leg- decades as an officer of the utmost integrity islation. The current National Intelligence Council and professionalism. His rise from patrol offi- First and foremost, the United States contin- would become the National Intelligence Eval- cer to deputy chief attests to his abilities. He ues to need a strong, highly capable and in- uation Council, with the key responsibility of possesses a wealth of practical and adminis- creasingly flexible intelligence community. Our making sure that intelligence means and ends trative knowledge for which his peers turn to national security concerns are more varied are correlated, and that every effort is made to him when seeking input on wide-ranging top- and in many ways more complex than they provide the best intelligence to policy makers. ics. The entire North Miami police force views were during the cold war. IC21 also comprises a number of non- him with esteem and respect. The United States needs an intelligence legislative proposals that will be found in the Beyond his normal job duties, Chief Juriga community that is more corporate, i.e., one unclassified staff studies, which would be established himself as a vibrant member of that works better together as a more coherent available later this week. enterprise aiming toward a single goal the de- the North Miami community through I want to thank the staff members of the livery of time intelligence to policy makers at unparalled participation in community activi- Permanent Select Committee on Intelligence various levels. ties. He has been instrumental in organiza- A key issue is opportunity, not reform. In the who have devoted much of the last year to tions including the Police Officers Assistance aftermath of our cold war victory we are more this effort. The bill I have introduced today is Trust, the North Miami Foundation for Senior secure than we have been since 1940. This is a testament to their hard work and to their vi- Citizens, and the Dade County Association of a good time to update and modernize intel- sion. Chiefs of Police. He has been active in the ligence. I urge my colleagues to look over this bill Special Olympics and the Easter Seal pro- IC21 is not a budget or staffing exercise. It carefully, and the staff studies as well. The gram. is an effort to ascertain the type of intelligence staff of the intelligence committee is always Chief Juriga also initiated the North Miami community we will need as we enter the next available for questions and consultation. Police Department's Angel Network, a system through which more than 2,800 gifts were col- century. Issues of cost and size should be de- This is a daunting agenda and an important lected and distributed to needy children this bated during the regular legislative budget de- one. Informal discussions among the staff of past Christmas. These behind the scenes ef- liberations. interested congressional committees in the forts are exactly what set Chief Juriga apart Finally, the focus must be on where the in- House and Senate and with the executive indi- from the norm. telligence community needs to be in the next cate agreement on many of the principles I As he moves forward with his wife, Nancy, 10 to 15 years, not a snapshot of where we have outlined. I optimistically look forward to into the next phase of his life, I wish him con- are today. working with my colleagues over the next few tinued happiness. With these principlesÐflexibility, months to pass a bill that will give us the intel- f ``corporateness,'' opportunity, future visionÐin ligence community we will need as we enter mind, the Intelligence Community Act pro- the 21st century. NATIONAL MEDICAL LABORATORY poses several changes. Among them are: WEEK A more clearly defined central role for the f Director of Central Intelligence [DCI] as head of the intelligence community, including ex- PERSONAL EXPLANATION HON. DAVID E. BONIOR panded authority over resources and person- OF MICHIGAN nel. The DCI would also continue to be di- IN THE HOUSE OF REPRESENTATIVES rectly responsible for the CIA, clandestine HON. HELEN CHENOWETH Monday, April 15, 1996 services and the community management staff. OF IDAHO Mr. BONIOR. Mr. Speaker, there are more Re-establishing the Committee on Foreign IN THE HOUSE OF REPRESENTATIVES than a quarter million certified laboratory per- Intelligence within the National Security Coun- sonnel, including pathologist, medical tech- cil, to provide regular guidance and feed back Monday, April 15, 1996 nologists, clinical laboratory scientists, and to the DCI. specialists, practicing preventive medicine in Creating a second Deputy DCI. One Deputy Mrs. CHENOWETH. Mr. Speaker, on Tues- more than 12,000 medical laboratories in the DCI would run CIA, the other would run the day, March 12 and Wednesday, March 13 last United States. community management staff, thus giving the week, I was unable to be here due to an ill- These highly trained and dedicated profes- DCI greater back-up and support for this two ness in the family and missed rollcall votes sionals make invaluable contributions to the major responsibilitiesÐthe CIA and the intel- 56±61. quality of health care in the United States. ligence community. Had I been here, I would have voted: ``No'' They save countless lives by providing reliable The Director of the Defense Intelligence on rollcall vote 56, ``Yea'' on rollcall vote 57, test results required for prevention, detection, Agency [DIA] would be designated as the Di- ``Yea'' on rollcall vote 58, ``No'' on rollcall vote diagnosis, and the treatment of illness and dis- rector of Military Intelligence, the senior uni- 59, ``No'' on rollcall vote 60, and ``Yea'' on roll- ease. By carefully performing high quality tests formed military intelligence officer. call vote 61. and providing reliable information, these vital

∑ 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. E528 CONGRESSIONAL RECORD — Extensions of Remarks April 16, 1996 health care workers help physicians make di- first exposure to congress came when he was ing today, I hope it is this: that OSHA is agnosis, early, when cures are most likely to assigned as the congressional Liaison office changing the way it does business.'' The succeed. Test results may also help rule out for surface ship programs in the Nary's Office marks of the new OSHA, according to the As- certain conditions thereby avoiding unneces- of Legislative Affairs. Upon conclusion of that sistant Secretary, would be the elimination of sary treatment, saving money, and most im- assignment, Captain Shields took command of inspection and penalty quotas; a less con- portantly, ensuring the proper treatment. U.S.S. O'Bannon. With that successful tour frontation approach to enforcement, including We all must take responsibility for our behind him, Captain Shields was hand picked reductions in penalties for employers who health, but ultimately, our well-being depends to be a legislative assistant to the Chairman promptly correct violations; and commonsense on the cooperation and coordination that ex- and Vice-Chairman, Joint Chiefs of Staff. regulations. ists between the many individuals devoted to Captain Shields has been awarded the De- Whatever the genesis for this recognition of maintaining health. Doctors, nurses, dietitians, fense Distinguished Service Medal, the Meri- the need to change OSHA by the Clinton ad- teachers, parents, and the staff at our Nation's torious Service Medal, four Navy Commenda- ministration, I, and I know many of my col- medical laboratories all play important roles. tion Medals, and the Joint Meritorious Unit leagues as well, have applauded it. The direc- The dedicated professionals who work in Commendation. He is married to the former tion of these changes is the same as we have these laboratories save lives every day. They Jennifer Reith of London, England, and has pushed for in H.R. 1834, the Safety and play a crucial role in the delivery of health two wonderful children, Sarah and Robert. Health Improvement and Regulatory Reform care services in America and I am proud to Bob was one of the principal liaison officers Act. Obviously what the Clinton administration join with the Michigan Society for Clinical Lab- to Congress for both General Powell and Gen- has proposed does not go as far as H.R. oratory Science in recognizing this week, April eral Shalikashvili during momentous times in 1834, and in my view does not go far enough. 14±20, 1996, as National Medical Laboratory our Nation's historyÐthe end of the cold war, But they at least move OSHA in the same di- Week. Operations Provide Promise, Provide Hope, rection. f Provide Comfort, Southern Watch, Deny President Clinton announced that he would Flight, and Restore Democracy, among count- veto H.R. 1834 even before that bill was TRIBUTE TO CAPTAIN ROBERT B. less other military operations and exercises. marked up in subcommittee. It was clear from SHIELDS, U.S. NAVY During the restoration of democracy in Haiti, the circumstances of that veto message that it he accompanied Members of this House on a had much to do with Presidential election poli- HON. FLOYD SPENCE fact-finding delegation to that troubled country. tics and little to do with the legislation itself, OF SOUTH CAROLINA He has served as the Chairman of the Joint but the promise of a veto effectively stopped IN THE HOUSE OF REPRESENTATIVES Chiefs of Staff's principal liaison with the realistic prospects for enacting comprehensive Monday, April 15, 1996 House National Security Committee and the OSHA reform this year. House Appropriations Committee. I and many Nonetheless, I believe it is important to so- Mr. SPENCE. Mr. Speaker, I rise today to others of this body have often depended on lidify the progress that has been made in ask my colleagues to join me in paying tribute him to be on top of the national security is- changing OSHA in the direction that Repub- to a dedicated U.S. Navy officer, gentleman sues of the day, complete with timely, sound, licans and many of my Democratic colleagues and a friend as he prepares to take command and accurate information and advice. have called for for years, and which President of the U.S.S. Vicksburg, CG±69. Mr. Speaker, it is a great honor and per- Clinton called for 1 year ago. For that reason, Most of you will remember Capt. Robert B. sonal privilege for me to pay tribute to Capt. I am introducing the Small Business OSHA Shields for his tour as a deputy legislative as- Robert B. Shields before the Congress in Relief Act of 1996. sistant to the Chairman of the Joint Chiefs of honor of his taking command of U.S.S. Vicks- The Small Business OSHA Relief Act of Staff. Captain Shields served in this challeng- burg on May 3, 1996. It is clear, through a 1996 is comprised of five provisions, each of ing position with honor and distinction until last record of accomplishment, Bob is someone which comes directly from policy pronounce- year, when he returned to the fleet to prepare dedicated to the peace and freedom this Na- ments by the Clinton administration. to take command on one of our finest ships± tion enjoys today. We wish him every success The first provision comes from statements and Aegis Class cruiser. as he assumes his new command and for made by Labor Secretary Reich in support of He has been connected with the Congress what I know will be a bright future. May he al- measuring and balancing the costs and bene- in one position or another for over 5 years of ways have fair winds and following seas. fits of OSHA standards, consistent with the his distinguished 23-year Navy career. Captain f administration's goal for OSHA of more ``com- Shields' accomplishments are an integral part monsense regulations.'' of the continuing saga of the U.S. Navy in its INTRODUCTION OF SMALL The second provision adopts President Clin- third century of service to the Nation as it fully BUSINESS OSHA RELIEF ACT ton's directive of April 21, 1995, granting a realizes the talent and potential of men who waiver of penalties for small businesses which ply the sea in the service of our great Nation. HON. CASS BALLENGER correct violations within a reasonable period of I would like to take a moment to highlight OF NORTH CAROLINA time. As President Clinton said in announcing Bob's career milestones. IN THE HOUSE OF REPRESENTATIVES that directive, ``We will stop playing `gotcha' A native of Providence, RI, Captain Shields with decent, honest business people who want is a graduate of the U.S. Naval Academy, An- Monday, April 15, 1996 to be good citizens. Compliance, not punish- napolis, MD, class of 1972. Captain Shields Mr. BALLENGER. Mr. Speaker, today I and ment, should be our objective.'' also earned a master's degree in engineering several of my colleagues are introducing the The third provision adopts and follows an acoustics from the Naval Post Graduate Small Business OSHA Relief Act of 1996. OSHA compliance directive issued in Novem- School. His military career began in 1972 with Mr. Speaker, nearly 1 year ago, President ber 1995 regarding citations for paperwork vio- his first assignment to U.S.S. Alwin where he Bill Clinton traveled to a small sheet metal lations. In recent years, a majority of the most was first lieutenant and anti-submarine warfare plant in northwest Washington, DC, and de- commonly cited OSHA standards are paper- officer. His second shipboard tour came when clared that it was time to create a ``new work requirements. OSHA's compliance direc- he commissioned U.S.S. Nicholson and OSHA.'' tive recognizes that these paperwork violations served as her weapons officer. He then I certainly agree with the President on the have often been technical and nitpicking, and served his third shipboard tour as weapons of- need to change OSHA. OSHA, said President don't address real health or safety problems. ficer in U.S.S. Richmond K. Turner. Clinton, needs to change so that its emphasis Including this change in the statute will give Capitalizing on his demonstrated leadership is on ``prevention, not punishment,'' and so employers and employees assurance that this skills, the Navy sent Captain Shields to attend that the agency uses ``common sense and common sense change will be more perma- the Royal Navy Staff College in Greenwich, market incentives to save lives.'' nent than is the case with a compliance direc- England. this was followed by service as exec- Throughout the past year, no doubt largely tive. utive office in U.S.S. Sterett, then homeported in response to initiatives here in Congress to The fourth provision codifies OSHA's State in the Republic of the Philippines. Detaching reform OSHA, the Clinton administration strug- consultation grants program. The consultation from his executive officer tour, Captain Shields gled to convince us and the American public grants program was created by OSHA to as- was assigned to the office of the director, re- that OSHA was being reinvented. Assistant sist small businesses in improving safety and search, development and acquisition and then Secretary Joe Dear, for example, said in con- health in their workplaces. Historically, these completed a year as a Federal executive fel- gressional testimony last year: ``If there is one grants, which are given to State agencies or low at the American Enterprise Institute. His single message you take away from this hear- colleges in each State to provide consultation April 16, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E529 services, have been underfunded, requiring dedicated service as director of Twin Oaks Medal, California Medal of Merit, Good Con- employers who seek assistance to wait up to Savings Bank. While we wish him well in his duct Medal, California State Service Medal, 2 years for assistance. The Clinton administra- retirement, his commitment and hard work will the Order of St. Barbara, and others. tion has endorsed the codification of the con- be greatly missed. CSM Alexander is currently the president of sultation grants program. Mr. Spencer's long career started in World the Sergeants Major Association of California, The fifth and last provision of the bill would War II where he served as a tank commander life member of the California Enlished codify another mark of the new OSHAÐelimi- and platoon leader in the 745th Tank Battalion Associaton of the National Guard of the United nation of the use of inspections, citations, and of the First Infantry Division or ``The Big Red States, the National Guard Association of Cali- penalties as performance measures for in- One.'' fornia, National Rifle Association, California spectors and their supervisors. His length of service can be noted in the Rifle and Pistol Associaton, and many other The Small Business OSHA Relief Act codi- number of battles he fought in: Normandy civic oriented associations. fies the positive changes to OSHA on which Beachhead, St. Lo Breakthrough, Falaise Mr. Speaker, I ask that you join me, our col- the Clinton administration and we agree, so Pocket, Battle of Mons, Seigfried Line, Battle leagues, CMS Alexander's family, and many that we can build on those and continue to of Aachen, Hurtgen Forest, Battle of the friends in honoring him for his years of work constructively to create a truly new Bulge, Roer and Rhine, Remagen Bridgehead, dedicted service. After serving our State and OSHA. Ruhr Pocket, and Harz Mountains. country well for nearly 40 years, it is only ap- I welcome my colleagues' support and co- For his bravery and patriotism, Mr. Spencer propriate that the House recognize CSM Alex- sponsorship of the Small Business OSHA Re- received the Silver Star, two Bronze Stars, the ander today as he begins his well deserved lief Act of 1996. Purple Heart, and a battlefield commission. retirement. f Thank you for your service to our Nation. f Mr. Spencer also gave to his community. TAX DAY RECOGNITION OF WILLIAM H. After the war he owned and operated Spen- BOWERS cer's Insurance and subsequently was elected HON. RON PACKARD director of Marseilles Building & Loan in 1969 OF CALIFORNIA where under his guidance the business pros- HON. JOHN P. MURTHA OF PENNSYLVANIA IN THE HOUSE OF REPRESENTATIVES pered and flourished. In 1976, he was elected IN THE HOUSE OF REPRESENTATIVES Monday, April 15, 1996 president and chairman of the board and Monday, April 15, 1996 Mr. PACKARD. Mr. Speaker, today millions under his leadership a new bank building was of Americans will scramble to file their taxes. constructed and consumer loans, ATM cards, Mr. MURTHA. Mr. Speaker, I would like to My Republican colleagues and I are fighting and checking accounts were added. say a few words of congratulations and thanks hard to ensure that all Americans keep more Mr. Spencer, thank you for your dedication to a distinguished member of the community of their hard earned money. and devotion to not only your country, but your in my district. A lifetime member of American Taxpayers deserve relief now. That is why community, neighbors, friends, and family. Legion Post 57, and the most recent Western my colleagues in both the House and the Sen- You will be missed. Vice Commander, William H. Bowers has ate passed the Contract With America's tax f made numerous outstanding achievements relief plan. Americans need tax reform, but that have greatly benefitted his fellow veterans A TRIBUTE TO ROLLAND E. and citizens in his home county of Indiana, that will not happen overnight. While we con- ALEXANDER II sider tax reform in Congress, there are a num- PA. ber of things we have done to lift the burden He has held numerous offices in addition to from America's families and encourage eco- HON. JERRY LEWIS the American Legion Western Vice Com- nomic growth. We passed a $500 child tax OF CALIFORNIA mander. While serving as post commander, credit for families. We provided capital gains IN THE HOUSE OF REPRESENTATIVES Saltsburg, he received the National American- tax relief. We expanded IRA's, just to name a Monday, April 15, 1996 ism Award. He has been honored as Post Commander of the Year in Pennsylvania, as few. Unfortunately, President Clinton vetoed Mr. LEWIS of California. Mr. Speaker, I the Republican plan. With the stroke of a pen well as Indiana County Veteran of the Year; in would like to bring to your attention the fine addition he has served as Commander of the he vetoed pro-family, projob tax relief. work and outstanding public service of CSM In spite of the President's veto, we must Indiana County United Veterans, Indiana Rolland E. Alexander II. Alexander will be rec- continue to do what is right for America. The County Commander, District 27 Commander, ognized at a celebration in his honor on April protaxpayer agenda we begin to consider District 27 Adjutant, and Vice Chairman of the 20 as he retires after nearly 40 years in the today is a tremendous step in the right direc- Citizens Flag Allegiance. He has also been California Army National Guard. recognized by the ROTC for his many accom- tion. The tax limitation amendment, by requir- CSM Alexander is a third generation Califor- ing a two-thirds vote to raise taxes, will reign plishments. nian and was born in San Francisco. A grad- In addition to being a lifetime member of the in escalating taxes. It will finally put an end to uate of Rio Hondo College, he is also a sec- the roller coaster ride of the IRA's tax code American Legion, Commander Bowers is also ond generation national guardsmen following a member of the VFW Post 7901, Amvets and return fiscal responsibility to Washington. his father's service in World War I. CSM Alex- Almost every State that has implemented tax Post 277, and VVA Chapter 286. ander enlisted in 1957 as a member of Battery Among his many civic contributions are es- and spending limitations has witnessed below C, 215th Field Artillery, 40th Armored Division, tablishing bylaws for the Indiana County Unit- average growth is State spending and higher now designated as Battery C, 2d Battalion, ed Veterans Advisory Council and serving as than average economic growth. 144th Field Artillery, 40th Infantry Division As Daniel Webster Said, ``An unlimited chairman of the Indiana County Veterans Me- (Mechanized). In his civilian capacity Alexan- power to tax involves, necessarily, the power morial Committee. He organized and still der works as a technical consultant in market- to destroy.'' Mr. Speaker, my Republican col- serves as the CEO of Boy Scout Troop No. ing services for the Southern California Edison leagues and I are committed to protecting 157 in Saltsburg and manages the Young Co. America's families from tax-and-spend Wash- Township senior legion baseball team. He has While assigned to the battery, CSM Alexan- ington. Americans not only need tax protection also been a guest speaker at the Indiana Uni- der has served in a number of positions in- they need tax relief. versity of Pennsylvania's sociology department cluding cannoneer, gunner, section sergeant, representing VVA Chapter 286. f and chief of firing battery. Over the years, he 1991 was a very painful year for us in and A TRIBUTE TO ALLEN ‘‘BUD’’ has served in a variety of capacities and has near the 12th district of Pennsylvania, when SPENCER served as CSM of Detachment 3, State Area 25 local gulf war soldiers were killed in action. Command, Los Alamitos Armed forces Re- Commander Bowers gave a memorable tribute HON. JERRY WELLER serve Center, Los Alamitos, CA, since Decem- to those young men and women by organizing OF ILLINOIS ber 1993. a veterans honor guard of over 300 veterans CSM Alexander has been recognized for his with colors for their funerals. Commander IN THE HOUSE OF REPRESENTATIVES service and is the recipient of numerous com- Bowers was also instrumental in having a gulf Monday, April 15, 1996 mendations including the Meritorious Service war honor roll erected on the Indiana County Mr. WELLER. Mr. Speaker, today, I'd like to Medal, Army Commendation Medal, Army Courthouse lawn, listing all Indiana County honor Allen ``Bud'' Spencer for his 27 years of Achievement Medal, California Commendation veterans serving in the Gulf. E530 CONGRESSIONAL RECORD — Extensions of Remarks April 16, 1996 William H. Bowers served in the Army with public safety. Risking their lives and health to the arcaicos, and of the later Indians, the the Military Assistance Group overseas. save people at risk, their courage and re- igneris. I salute Commander Bowers for his lifelong sourcefulness are the watchwords of their pro- In 1955, Dr. Alegria became the director of dedication to his fellow soldiers and his com- fession. the Institute of Puerto Rican Culture. Under munity. No one better typifies the finest traditions of his leadership, the institute enhanced the rec- f firefighting than Mel Deardorff. Mel retired re- ognition of, strengthened, and promoted Puer- cently after 35 years of service in the San to Rican culture as a heritage with Indian, Afri- HONORING SHERIFF CHARLES A. Ramon Valley region, for the last 8 years serv- can, and Spaniard influences, as well as its FUSELIER, SHERIFF OF THE YEAR ing as fire chief of the San Ramon Valley Fire own folklore traditions. For his willingness to Protection District. engage in the enormous task of investigating HON. JAMES A. HAYES Mel helped reduce the Insurance Services and compilating historical data on Puerto Rico OF LOUISIANA Office rating in the San Ramon region; was in- and for the resurgence of the popular arts we IN THE HOUSE OF REPRESENTATIVES fluential in establishing expanded firefighting owe him a great debt of gratitude. services; facilitated a new paramedic program; Some of his published works include the Monday, April 15, 1996 added engine company, fire prevention, and History of Our Indians (``Historia de Nuestros Mr. HAYES. Mr. Speaker, when I heard that clerical staff; and made many other contribu- Indios''), Folkloric Tales of Puerto Rico my friend of over 25 years was being honored tions to fire safety in the East Bay region of (``Cuentos FolkloÂricos de Puerto Rico''), An- by the National Sheriff's Association as Sheriff San Francisco. He was a member of many thology: the Theme of Coffee in Puerto Rican of the Year, I was gratified to know that the professional organizations, including the Inter- Literature (``AntologÂõa: El Tema Del Cafe en la national law enforcement community was fi- national Association of Fire Chiefs and Califor- Literatura PuertoriquenÄa'') and the magazine nally acknowledging what the citizens of St. nia Fire Chiefs. published by the Institute of Puerto Rican Cul- Martin Parish and all of Acadiana have known Mel Deardorff was a public servant whose ture, (``Revista del Instituto de Cultura for a long timeÐthat Charles August Fuselier leadership, commitment, and dedication PuertorriquenÄa''). is one of the most effective, top flight sheriffs helped enable residents of the San Ramon One of his most important accomplishments, in the country. and Danville, CA communities to go to sleep for which he received the Picasso Gold Medal In his statement, Sheriff Fuselier said he knowing that they were in good hands. As a of the United Nations Educational, Scientific, was ``shocked'' to learn of his selection by the resident of Danville for 25 years. I am thankful and Cultural Organization, is the restoration National Sheriff's Association. He should not for all Chief Deardorff has done for my home- and preservation of Puerto Rican historical have been. Charles Fuselier's dedication to town and the San Ramon Valley region. He monuments. A very special award, the Pi- public service and the protection of the public deserves sincere thanks from people through- casso Medal has only been awarded to Dr. in his rural South Louisiana Parish is unparal- out Contra Costa County, and I am pleased to Alegria and to the historical village of Paris. leled. Like his father before him, Sheriff have this opportunity to recognize him in the Among the historical monuments that were re- Fuselier demonstrates every day total commit- CONGRESSIONAL RECORD. stored under Dr. Alegria's supervision were ment to making St. Martin Parish a safer place f the Indian Ceremonial Center, the Church of to live, work, and raise a family. Porta Coeli, and the capital of Puerto Rico, Through his leadership and his work on the TRIBUTE TO DR. RICARDO Old San Juan, which is now a jewel among Triad Program, St. Martin Parish became a ALEGRIA the historic sites of the Americas. testing ground and model for all of America in Dr. Alegria is internationally renown as an preventing crimes against our senior citizens. HON. JOSE´ E. SERRANO eminence in the restoration of historic cities, The Triad forms a coalition between local OF NEW YORK as well as for his patronage of the arts. From sheriffs, police chiefs, and senior citizens IN THE HOUSE OF REPRESENTATIVES directing the Center of Advanced Studies in groups to reduce the victimization and unwar- Monday, April 15, 1996 Puerto Rico and the Caribbean, and founding ranted fear of crime which disproportionately the Center of Archaeological and Ethnological plagues senior citizens. By bringing the Triad Mr. SERRANO. Mr. Speaker, it is with great Investigations of the University of Puerto Rico, concept to life, Sheriff Fuselier has opened up honor that I rise today to pay tribute to a very to the reorganization of a great number of mu- the lines of communication with seniors in the distinguished countryman, Dr. Ricardo Alegria, seums in Puerto Rico, Dr. Alegria has left a community and has made the seniors feel for his outstanding contributions to the inves- legacy of devotion and dedication to the in- more comfortable and trusting that their inter- tigation, preservation, and recognition of the struction and preservation of the Puerto Rican ests will be protected. culture and history of Puerto Rico. culture. Sheriff Fuselier once told me that he re- Dr. Alegria, is one of the pioneers who es- Among other honors, Dr. Alegria received ceived more than a 10-fold return on his in- tablished the studies on archaeology, anthro- the Medal of Isabel La CatoÂlica, awarded by vestments using volunteers, who work in his pology, and culture of Puerto Rico and the the Spanish Government and the Medal of the office 2 to 3 days a week, so that crimes have Caribbean. Yesterday, which was also his Fifth Centenary of the Discovery of America been quickly resolved because of greater sen- birthday, the Smithsonian Institution awarded and Puerto Rico, bestowed by the Puerto ior participation. While in the Congress I may him the Smithsonian Bicentennial Medal for Rican Government. have worked to ensure Federal involvement in his great legacy to Puerto Rican culture and The Puerto Rican people and the Puerto Triad, but Triad is growing across the country history. Rican community, here in the United States because of the efforts and devotion of Sheriff Dr. Alegria is well known as a humble man, and all over the world are in debt to Dr. Fuselier. The Triad information network has always accessible to the people, and a pro- Alegria for his outstanding contributions to the the potential to be the cornerstone of future found thinker in all his areas of inquiry. He is study, celebration, and promotion of our cul- crime fighting activities within the seniors com- internationally recognized as the most distin- ture and history. In my congressional district of munity. guished Latin American in the field of preser- the South Bronx, and in all of New York City, I commend the National Sheriff's Associa- vation of historic cities and in the studies of as well as, throughout the Americas, we are tion for bestowing my friend with this honor the anthropology and archaeology of Puerto all beneficiaries of his cultural heritage. and congratulate Sheriff Fuselier for the great Rico and the Caribbean. Mr. Speaker, I ask my colleagues to join me achievement of being named ``Sheriff of the His interest in the study of mankind and in recognizing the great contributions of Dr. Year.'' how humans identify themselves with their Alegria, hero of the Puerto Rican culture. f surroundings started at a very early age; as a f child he opened a small museum at his home HONORING MEL DEARDORFF with pieces and little stones that he had col- TRIBUTE TO RICHARD A. BROWN lected from the ground at his family farm. HON. BILL BAKER He studied at the University of Puerto Rico, HON. THOMAS J. MANTON OF CALIFORNIA and obtained a master in archaeology from OF NEW YORK IN THE HOUSE OF REPRESENTATIVES the University of Chicago and a Ph.D. in ar- IN THE HOUSE OF REPRESENTATIVES chaeology from Harvard. After his return to the Monday, April 15, 1996 island, young Dr. Alegria went to Loiza and Monday, April 15, 1996 Mr. BAKER of California. Mr. Speaker, Luquillo where he performed excavations that Mr. MANTON. Mr. Speaker, I rise today to America's firefighters serve on the frontlines of uncovered evidence of our earliest inhabitants, pay tribute to Mr. Richard A. Brown honored April 16, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E531 April 18 as the Judiciary of Queens County by Recovery Act [DCERA], a bill to provide a is the only city without a State to recycle reve- the Queens Borough Lodge of Elks. Federal tax reduction to the residents of the nue from wealthier areas; the only city that Mr. Speaker, Mr. Brown is an distinguished District of Columbia. The bill comes at a time pays for State, county, and municipal func- judge who has long served the community of when the city's financial viability is in peril. The tions; and the only city prevented by Congress Queens in many different capacities. He is a Constitution obligates the Congress to main- from taxing commuters who use city services. member of the American Bar Association, the tain the Capital of the United States. The As a result, the District is a financial orphan New York State Bar Association, the Associa- DCERA will allow Congress to do so without without a State to bear State costs, such as tion of the Bar of the City of New York and the direct aid, by encouraging middle income resi- Medicaid and prisons, and without access to Queens County Bar Association. dents to remain and to move to the District. the other aid that States regularly give to their District Attorney Richard A. Brown of Last February, the Washington Post re- troubled big cities. Because none of the usual Queens County was born in Brooklyn, NY on ported that the District has already lost more remedies is available to the District, a tax cut- November 13, 1932. He received his Bachelor residents in the 1990's than in the entire dec- ting approach to stem the hemorrhage of tax- of Arts degree from Hobart College in 1953, ade of the 1980's. The District's tax base is payers holds virtually the only promise. was graduated from New York University declining so rapidly that it is doubtful that it will As this House is well aware, the District is School of Law in June 1956 and was admitted gain the ability to support itself, notwithstand- in a state of fiscal insolvency and cannot bor- to the Bar by the Appellate Division, Second ing even the most dramatic reduction in the row from Wall Street, but only from the U.S. Department in October 1956. Judge Brown is size of its government. In 1993, for example, Treasury. A Control Board was appointed married and resides in Forest Hills, NY with only 9,838 D.C. residents or 3.4 percent of the nearly a year ago and is working to downsize his wife and three lovely children, Karen, tax filers were solidly middle income in the the Government (10,000 jobs by 1999Ð5,600 Todd, and Lynn. $75,000 to $100,000 range, while 65 percent jobs already eliminated), control spending, and Mr. Speaker, Mr. Brown has served the had incomes of $30,000 or less. Ominously, return the District to financial solvency. When State of New York in numerous ways since 11.5 percent of D.C. tax filers had an income New York, Philadelphia, and Cleveland be- becoming a member of the Judiciary in 1973. between $50,000 and $100,000, compared came insolvent, State aid and State takeover He spent 9 years serving in various important with almost 20 percent nationally. of city functions were critical to the recovery of legal positions on behalf of the leadership of The bill seeks to accomplish the goal of re- those cities. That possibility does not exist the New York State Senate and Assembly and plenishing middle income residents and fami- presently for the District, the only city in the at the 1967 New York State Constitutional lies through a Federal tax discount. The tax is United States without a State. As a result, Convention and 4 years as New York City's progressive because it has large initial exemp- there is little prospect that the city can become legislative Representative in Albany where he tions ($15,000 for single filers, $25,000 for sin- self-supporting without extraordinary meas- managed the city's Albany office and super- gle heads of household, and $30,000 for mar- ures. vised its legislative program. ried joint filers); the mortgage interest deduc- In the absence of state aid, this Federal tax After serving as a Judge of the Criminal tion and the charitable giving deductions are reduction is the only remedy that has the po- Court for less than 2 years, Judge Brown was retained; and a uniform tax rate of 15 percent tential in this Congress to allow the District to appointed the Supervising Judge of the Brook- is applied in a progressive fashion up the in- recover from its insolvency. I believe that this lyn Criminal Court. In 1976, he was des- come scale. Only bona fide District residents approach could also serve as a model for ignated as an Acting Justice of the Supreme can qualify for this special rate and only on States which want to encourage taxpayers to Court of the State of New York and was given their D.C. sourced income. The bill defines a remain in large cities, by reducing State in- the added responsibility for supervising the op- bona fide resident as one who has maintained come taxes for city residents; but, of course, erations of the Criminal Court in Richmond his or her place of abode in the District, been only Congress can provide such a remedy for County. physically present in such a place of abode for the District. The value of a tax reduction is in Mr. Speaker, in 1977, Judge Brown was at least 183 days of the taxable year, and has the encouragement it gives to residents to re- elected a Justice of the Supreme Court in paid District of Columbia income taxes. Natu- main in a city with many problems, paying Queens County. He then served as the Gov- rally, District residents who work in the metro- high city taxes, maintaining the schools and ernor's chief legal advisor for 3 years before politan region will also benefit from the tax de- other services, and otherwise halting decline returning to the Supreme Court as an Associ- duction. The metropolitan region is defined by because of increased taxpayer presence. The District is the only jurisdiction that flies ate Justice of the Appellate Division, Second the Federal Government's ``Consolidated Met- the American flag where residents pay Federal Department where he was twice redesignated ropolitan Statistical Area.'' income taxes, but do not have full representa- as a member of the Appellate Division by The bill exempts capital gains, so long as tion in the House and have no representation Governor Mario M. Cuomo. they are District investments by bona fide Dis- in the Senate. The four territories pay no Fed- On June 1, 1991, Judge Brown accepted trict residents. This provision is meant to stim- eral income tax at all, while the District is sec- Governor Cuomo's appointment as the District ulate investment in D.C. businesses and other ond per capita in the payment of Federal in- Attorney of Queens County and was reelected economic development. In come from Social come taxes. This bill will not give the District without opposition to another full term in 1995. Security and from the qualified pension plans full equity in this regardÐD.C. residents would Under Judge Brown's leadership, the Queens of bona fide D.C. residents are considered continue to pay Federal taxes without full con- District Attorney's Office has attained an ex- D.C. sourced and thus eligible for the tax re- gressional representation and full self-govern- traordinary reputation as one of the finest duction. Investment income on activity within ment. The District seeks only sufficient tax re- prosecutor's offices in the State. Throughout the District will also qualify for the special tax lief to help sustain itself through income from his career, Judge Brown has served the judi- rate. In short, income from outside the District its own residentsÐas most jurisdictions doÐin cial community and the people of New York or the region will not get the benefit of the the absence of other viable alternatives. with unwavering dedication. DCERA. The provisions of the bill restricting I believe that the District of Columbia Eco- Mr. Speaker, I am proud to recognize the the tax reduction to D.C. residents on their nomic Recovery Act fits the tax cutting mood achievements of Richard A. Brown, and I D.C. sourced income are designed to prevent of the country and of both parties and the ad- know my colleagues join me in congratulating speculators and wealthy people from taking ministration. I ask the Members of this House him as he is honored by the Queens Borough advantage of the bill or turning the District into to join me in our efforts to save the District of Lodge of Elks. a tax haven. A freeze on property taxes is an Columbia through this bill. f additional safeguard that I am seeking from the city council. f INTRODUCTION OF THE DISTRICT Some Members will question why the Dis- THE COMMUNITY MOBILIZATION OF COLUMBIA ECONOMIC RECOV- trict should receive a Federal tax reduction CONFERENCE AND TRAINING ON ERY ACT that is not available to other jurisdictions. This GANGS, VIOLENCE, AND DRUGS unique bill is being considered only because HON. ELEANOR HOLMES NORTON of the unique responsibility of the Congress for the Capital of the United States and because HON. BOB FILNER OF THE DISTRICT OF COLUMBIA OF CALIFORNIA a grave financial crisis threatens the District's IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES viability as a city. The District has no State to Monday, April 15, 1996 help support it, and therefore lacks any addi- Monday, April 15, 1996 Ms. NORTON. Mr. Speaker, today I am in- tional sources for a long-term revenue stream Mr. FILNER. Mr. Speaker and colleagues, I troducing the District of Columbia Economic or other necessary ongoing relief. The District rise today to recognize the Annual Community E532 CONGRESSIONAL RECORD — Extensions of Remarks April 16, 1996 Mobilization Conference and Training on shame, given or received, and a thoroughly construction and revival of Bosnia's dev- Gangs, Violence, and Drugs which was con- generous spirit. He was very realistic about astated economy would have been Mr. vened in my hometown of San Diego, CA on both public policy and public service, and the Tholan's most significant challenge. I have the April 4 and 5. limitations and temptations of both. Adam's re- utmost confidence, as did Secretary Brown, This is the seventh annual conference that alism never became cynical. When you decide that he would have succeeded at this ultimate has been convened by Nu-Way Youth and So- to make a difference where there is risk, you challenge. cial Services, a local community-based organi- can't calculate the cost or be guaranteed de- Mr. Tholan's outstanding work for the Bech- zation. The conference is a national, collabo- livery from pain or loss. Bosnia is a land of tel group of companies, based in San Fran- rative event that brings parents, educators, grief and turmoil and none of us is immune.'' cisco, CA, earned him a reputation as a de- law enforcement officers, probation officers, At the Commerce Department, Adam served manding project director who tackled the most prosecutors, health and social service provid- as staff in the press office for several months daunting tasks with eternal optimism and a ers, together with civic, political, and spiritual before becoming a personal assistant to the can-do attitude. While his focus on the suc- leaders to discuss the latest technologies and Deputy Secretary of Commerce for 2 years. cessful completion of a project could not be strategies for combatting juvenile crime in our Adam was also instrumental in bringing state- swayed, he never lost sight of the importance communities. of-the art science to Central Coast and the of the people on the project. Mr. Tholan would Mr. Speaker, this conference is not the re- country. Just 1 year ago, he helped organize always take the time to help a co-worker when sult of a Federal program or government fund- the first-ever link between classrooms across they had personal or family difficulties or to ing. In fact, this conference receives no gov- America and marine biologists working in the devote his spare time to coaching Little ernment funding at all. Monterey Bay. Ron Brown had recently asked League and girl's softball. This conference is a true collaborative Adam to handle press relations and advance The mission that Stuart Tholan was partici- project. And by its very nature, it reinforces planning for the economic development mis- pating in was perfectly suited to his strengths. the notion that ``it takes a village to raise a sion in Bosnia. According to his family, ``Adam Throughout his career, he had shown an abil- child''Ðand it challenges all of our citizens to saw it as an opportunity to make a significant ity to bring together people and motivate them accept the responsibility and join in our strug- contribution to a peace effort where it is se- to accomplish the most difficult tasks. The gle to keep our youth free from the influence verely needed.'' strengths of his personality and character of gangs and drugs. Rather than working hard to gain personal shone through the overwhelming nature of Mr. Speaker, I am proud that Nu-Way, a attention, Adam worked hard for the sheer jobs he took on. His leadership propelled an valuable resource in the fight against gangs, pleasure of doing a job well and the satisfac- international work force of 16,000 to put out drug abuse, and violence, is based in my con- tion of knowing he had helped make someone the Kuwaiti oil fires in a fraction of the time ex- gressional district, and I applaud the efforts of else's life a little more livable. He was one of perts thought possible. Nu-Way and the Community Mobilization Con- the many invisible government hands working These are the reasons why Secretary ference for their important role in our fight in Bosnia to ensure the survival of a nation. Brown chose Stuart Tholan as the perfect can- against juvenile crime. Amazing acts of heroism, dedication, and hu- didate to help rebuild the devastated economy f manitarianism exemplify the work done by of Bosnia. Mr. Speaker, Stuart Tholan and the those invisible hands. Without people like others who perished on that plane deserve our TRIBUTE TO ADAM DARLING those who served, continue to serve and will gratitude for their commitment and dedication serve their country by helping others, the to bring peace and stability to Bosnia and for HON. SAM FARR world would be hard pressed to survive trage- their service to our Nation. OF CALIFORNIA dies such as the Bosnia conflict. f IN THE HOUSE OF REPRESENTATIVES Adam too saw life as an opportunity to TRIBUTE TO GEORGE NADER, EDI- Monday, April 15, 1996 serve the world. Telling his family at the age of five that he would be President of the TOR, MIDDLE EAST INSIGHT Mr. FARR of California. Mr. Speaker, for United States some day, a young boy made MAGAZINE any parent, the death of a child is surely life's his commitment to bettering his country at any greatest tragedy. I can personally remember cost. During the few years he was afforded, HON. NICK J. RAHALL II the profound grief and gloom that swept over Adam worked with the dedication and commit- OF WEST VIRGINIA my own father and family when my youngest ment of a President, and accomplished more IN THE HOUSE OF REPRESENTATIVES sister Nancy was tragically killed following a for the good of humankind during his lifetime Monday, April 15, 1996 horseback riding accident in Colombia, where than many even attempt in 100 years. I served in the Peace Corps more than 30 The loss of Adam Darling and the 34 others Mr. RAHALL. Mr. Speaker, over the years years ago. Even now, not a day goes by that in Bosnia will be sorely felt by all and will re- volumes have been written about the Middle my family does not sorely miss Nancy and re- main in our hearts as a memorial to all who East and its turbulent politics, economic poten- gret the fact that she did not live longer, pay the highest cost possible in order to help tial, and strategic importance to the United though we all know she led a magnificent life the world by serving their country. States. One publication stands out because of while she was with us. f its comprehensive, insightful and balanced ap- The same sentiment, I am sure, will be true proach to issues in the region. for the family of Santa Cruz resident Adam TRIBUTE TO P. STUART THOLAN I am referring to Middle East Insight maga- Darling, who left this world last week with zine which has just celebrated its 15th anni- Commerce Secretary Ron Brown and 32 other HON. TOM LANTOS versary as one of the leading journals of Mid- brave Americans in an ill-fated flight over OF CALIFORNIA dle East affairs. Throughout this turbulent pe- Bosnia. Adam died doing precisely what he IN THE HOUSE OF REPRESENTATIVES riod, Middle East Insight has covered the com- wanted: Serving his country, while working to plex issues affecting the region in a thoughtful, make the world a better place. The eternal op- Monday, April 15, 1996 creative way to bring greater knowledge and timist, Adam had once offered to ride his bike Mr. LANTOS. Mr. Speaker, Mr. P. Stuart understanding to all parties. By striving to rise cross-country from his home in Santa Cruz to Tholan was one of the 32 Americans accom- above the ideological passions that often di- Washington, DC for then Governor Bill Clinton panying Secretary Ron Brown on his mission vide the region, Middle East Insight has because he felt he could make a difference in to contribute to the rebuilding of Bosnia. He earned the respect of its readers in Washing- the 1992 presidential race. After the election, was aboard the military transport plane which ton, DC and throughout the region. he ended up in Washington working in the crashed, killing all abroad. My most sincere The driving force behind the magazine is its Commerce Department. When I arrived to be condolences go out to his wife, Marilyn, his editor, George Nader. Nader is the founder sworn in as a Member of Congress, Adam children, Scott and Carolyn, and all his family, and president of International Insight, an orga- was there to meet me. He brought his father, as well as to all those whose lives Stuart nization that promotes better understanding the Reverend Darrell Darling from Santa Cruz Tholan touched. between the Middle East and the United with him to all of our Washington activities. Mr. Tholan had been invited on the humani- States. He is a recognized expert on the re- According to Darrell, ``Adam Darling was a tarian mission by Commerce Secretary Ron gion and is often invited by major news orga- leader among his peers, his friends, his family Brown because of his distinguished record of nizations to comment as events unfold. and in his work. His leadership grew from a overcoming seemingly insurmountable obsta- Because of his reputation for fairness and keen and uncluttered mind, a character free of cles and succeeding again and again. The re- his remarkable access to key political and April 16, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E533 business leaders throughout the region, Nader The ASA anniversary will be recognized CONGRATULATING THE REPUBLIC has produced a magazine of distinction and throughout the year at ASA-sponsored events OF SIERRA LEONE ON THEIR high quality. Leaders such as Egyptian Presi- and ASA's official publication AutoInc. will fea- FIRST MULTIPARTY, DEMO- dent Hosni Mubarak, PLO Leader Yassir ture a special anniversary issue. I am pleased CRATIC ELECTIONS IN NEARLY Arafat, the late Israeli Prime Minister Yitzhak to honor the association today on this special 30 YEARS Rabin, Morocco's King Hassan II, and Presi- occasion. dents Bush and Clinton have all been featured f HON. AMO HOUGHTON in Middle East Insight. OF NEW YORK TRIBUTE TO I. DONALD TERNER It is a tribute to George Nader and his vision IN THE HOUSE OF REPRESENTATIVES to publish a magazine that is respected for its Monday, April 15, 1996 contribution to public policy debate. Both he HON. TOM LANTOS and Middle East Insight deserve special rec- OF CALIFORNIA Mr. HOUGHTON. Mr. Speaker, I've come to ognition on their 15th anniversary. IN THE HOUSE OF REPRESENTATIVES the floor today with some of my colleagues to f introduce a concurrent resolution congratulat- Monday, April 15, 1996 ing the people of the Republic of Sierra Leone 45TH ANNIVERSARY OF THE AUTO- Mr. LANTOS. Mr. Speaker, Mr. I. Donald who just held their first democratic, multiparty MOTIVE SERVICE ASSOCIATION Terner was one of the 32 Americans accom- elections in nearly 30 years. panying Secretary Ron Brown on his mission On February 26, 1996, the West African na- HON. JOE BARTON to contribute to the rebuilding of Bosnia. He tion of Sierra Leone held their first round of OF TEXAS was aboard the military transport plane which elections amid much uncertainty. There had IN THE HOUSE OF REPRESENTATIVES crashed, killing all aboard. My most sincere just been a military coup less than a month Monday, April 15, 1996 condolences go out to his wife, Deirdre Eng- before the election and a civil war that had displaced almost half the population raged in Mr. BARTON of Texas. Mr. Speaker, I rise lish, his children, and to all those whose lives the countryside. to pay tribute to the Automotive Service Asso- Donald Terner improved with his many good Sponsored by the African-American Institute ciation [ASA] on the occasion of its 45th anni- works. [AAI], a delegation visited Sierra Leone as part versary. ASA is the oldest and largest trade Donald Terner was a man of truly extraor- of a U.N. team of international observers. In association of its kind representing all seg- dinary energy and commitment, and we are that delegation were several congressional ments of the independent automotive repair in- extremely fortunate that he chose to devote staffers who deal with African issues in the dustry, including transmission, mechanical, his talents to improving the lives of low-income Congress, including Joyce Brayboy Dalton and collision repair facilities. The association families throughout California. As founder and with Representative MEL WATT, Tim Trenkle, now includes more than 12,000 businesses. president of Bridge Housing Corp., Donald Senator NANCY KASSEBAUM, Michael Pelletier, The association now includes more than Terner created a low-income housing enter- legislative fellow in the office of Senator JIM 12,000 businesses, 28 State groups and 220 prise which constructed nearly 6,000 homes in chapters located throughout the world. the 13 years the organization has been in JEFFORDS, and my legislative assistant Bob Over the past 45 years, ASA has merged business. Both the continuing success of the Van Wicklin. with a variety of automotive repair associa- solid organization Donald Terner built and the Despite some inadequacies, the group tions to enable the industry to speak with a thousands of families who will have a roof deemed the election to be free and fair. AAI singular and unified voice. These groups in- over their heads for years to come will serve issued the following statement after the elec- clude the Independent Garagemen's Associa- as a lasting testament to the life of Donald tion: tion of Texas [IGA], the Independent Garage Terner. STATEMENT OF THE INTERNATIONAL OBSERVER Commerce Secretary Ron Brown was so DELEGATION OF THE AFRICAN-AMERICAN IN- Owners of America [IGO], the Auto Body As- STITUTE sociation of America [ABAA], the Automotive impressed with the remarkable achievements of Donald Terner that he invited Mr. Terner to FREETOWN, February 29, 1996.—The Afri- Service Councils [ASC] and, the Independent can-American Institute (AAI), has spent the Automotive Service Association [IASA]. accompany him on a humanitarian mission to last three weeks preparing for and conduct- In addition to providing a host of member restore the housing resources destroyed by ing an observation of the presidential and benefits, ASA annually sponsors the world's years of all-out war in Bosnia. Donald Terner parliamentary elections of Sierra Leone. The largest collision repair event, the International was not deterred by the overwhelming dif- AAI delegation feels that the elections of Autobody Congress and Exposition [NACE], ficulty of rebuilding this devastated region. February 26–27, 1996 were transparent, open, the Congress of Automotive Repair and Serv- Secretary Brown recognized in Donald Terner and substantially fair. Despite certain irreg- ice [CARS], the Northern Autobody Congress the same qualities that those who have ularities and disruptions due to breaches of worked with him have appreciated for dec- security, the delegation is convinced these and Exposition and the ASA Annual Conven- elections reflect the freely expressed choices tion. In fact, NACE has been selected from a ades. His humanitarian spirit combined with of the people of Sierra Leone. wide range of applicants to participate in the his unrelenting commitment to success in the Working in affiliation with the United Na- U.S. Department of Commerce's International face of adversity has allowed him to succeed tions Joint International Observer Group Buyer Program. This recognition serves as ac- in California and it would have propelled him and funded by the United States Agency for knowledgement of the quality of the event and to success in Bosnia. International Development, the 17-member the export potential of the industry it serves. Donald Terner was known as a relentless AAI delegation was deployed throughout ASA members recognize their obligation to promoter of low-income housing in California Freetown and its environs, Lungi, Bo, and throughout the world. Building affordable Kenema, Makeni and Kono. The AAI team professionalism. Members subscribe to a code observed two crucial phases of the elections of ethics, which governs the methods by which housing entails not only raising the necessary which were held on February 26–27, 1996. they conduct their business practices. Among funds, but also the often more difficult task of During the first phase, the delegation met other things, an ASA member is sworn to per- convincing homeowners to allow the housing throughout the country with government of- form high quality repair service at a fair and to be built in their neighborhoods. It was im- ficials, the staff of the Interim National just price; use only proven merchandise of possible, however, to say ``no'' to Donald Electoral Commission, leaders of political high quality distributed by reputable firms; em- Terner. He was able to convince lenders and parties and major civic organizations, rep- neighbors to support to projects because he resentatives of the media, government offi- ploy the best skilled technicians; recommend cials, and other sections of civil, society in- corrective and maintenance services, explain- believed that what he was doing would help cluding organized labor. The delegation also ing to the customer which of these are re- people, and that made his persuasive powers carefully studied the electoral laws, exam- quired to correct existing problems and which all but irresistible. ined the relevance of several training mate- are for preventive maintenance. Mr. Speaker, I invite my colleagues to join rials, scrutinized the voter registration proc- ASA also endeavors to assist its members me in to Donald Terner for his commitment to ess and samples of voter registers, observed to improve the quality of repairs through man- making the world more livable for low-income training of electoral staff and domestic mon- agement and technician training programs. people. His efforts in behalf of the community itors, and attended civic education programs in many parts of the country. The Automotive Service Association Manage- should serve as a model for all Americans. During the second phase, the delegation ment Institute [ASAMI] provides continuing While we cannot all devote the time and en- observed the electoral campaigning, the vot- management education in the areas of leader- ergy that Donald Terner did, we can invoke ing which began on February 26 and was ex- ship, business, finance, personnel, operations, his memory when our communities ask some- tended through February 27, and the count- and personal enrichment. thing of us. ing process on February 27–28, 1996. In the E534 CONGRESSIONAL RECORD — Extensions of Remarks April 16, 1996 areas of their deployment, AAI observers vis- With that in mind, I hope that all of my col- just good to see how a bill gets passed. Now, ited over 250 polling places nationwide. leagues in the House and Senate will join us I can look at a bill and even though it may AAI found that the elections were held in congratulating the people of the Republic of already exist, I can see why this or that under a cloud of uncertainly and substantial wasn’t included in it . . . because it could logistical difficulty caused by a lack of ade- Sierra Leone by helping to pass this resolu- have come up in our session, too.’’ tion. quate infrastructure, minimal election expe- f rience and training, and the displacement of f sectors of the population due to hostile mili- HAPPY 50TH WEDDING ANNIVER- tary actions on or just prior to the date of RIVER RIDGE (FL) HIGH SCHOOL’S SARY TO MR. AND MRS. WIL- the elections. This situation often led to the MOCK STATE LEGISLATURE LIAM QUESENBERRY late opening and numerical overtaxing of many polling stations and, in some areas, disruption of the vote and count. Still, in the HON. PETER T. KING HON. CHRISTOPHER COX OF NEW YORK majority of the areas observed by AAI dele- OF CALIFORNIA gates, the vote went forward in a proce- IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES durally correct manner, with materials pro- vided and correctly utilized. Polling station Monday, April 15, 1996 Monday, April 15, 1996 officials, political party representatives and Mr. KING. Mr. Speaker, I would like to in- Mr. COX of California. Mr. Speaker, today I domestic observers, in most cases, were ade- clude in the RECORD an article from the rise in celebration of the 50th wedding anni- quately prepared and conducted their duties Tampa Tribune which describes River Ridge in an exemplary manner. In the, areas of the versary of Mr. and Mrs. William Quesenberry country observed by AAI delegates, the dif- (FL) High School's mock State legislature and of Coral Gables, FL. ficulties cited above were overcome by the what its student participants learned about the Bill, a graduate of Shenandoah Junior High fierce determination of an overwhelming ma- legislative process. Of special interest are the and Miami Senior High, first met Mary Belle jority of the population to hold the elections reflections of Kevin Miller, ``Speaker of the Gardner when she was a wintertime resident on schedule, even in the face of serious at- House.'' of Miami Beach. Bill courted Mary Belle tempts to obstruct and disrupt the process. STUDENTS FIND LEGISLATOR SEAT NO EASY Despite these administrative inadequacies throughout high school and his days at the CHAIR and certain instances of violence and intimi- University of the South at Sewanee, TN. On dation in Freetown, as well as deadly con- (By Tiffany Anderson) April 13, 1946, Bill and Mary Belle were mar- flicts between citizens and those seeking to NEW PORT RICHEY.—For at least a few ried on a beautiful, sunny day in Nashville, disrupt the election in Bo and Kenema, the hours, seniors became senators. TN. electoral process was largely peaceful and The 12th-grade class at River Ridge High After college, Bill flew in World War II as a free of threats and confrontations. Voting School got a chance to play politics by par- naval aviator. Upon returning from the war, Bill took place in are orderly fashion in most pol- ticipating Friday in the school’s mock state ing stations. There was little evidence of legislative session. followed his father's footsteps into the whole- fraud or irregularity. To earn class credit in American govern- sale grocery business. As a wholesale grocer, The AAI delegation wishes to salute the ment, more than 328 students served as state Bill provided consumers with a wide variety of people of Sierra Leone for their strong com- representatives and senators and sat on com- products and competitive retail prices. mitment to democratic practices and their mittees. Bill and Mary Belle share a joy of traveling determination to hold elections on schedule. The bills they wrote won’t ever make it that has led them across the globe. Their This unflinching commitment to democratic outside the school’s auditorium. But that sense of adventure has taken them to the fro- values and procedures, as well as the courage didn’t keep most seniors from taking the zen land of Antarctica, a far cry from their that the citizens demonstrated in the face of event any less seriously. great danger, augurs well for the future of ‘‘People told me that I would run every- home in sunny Coral Gables, and even be- democracy in this country. thing,’’ said Kevin Miller, 18-year-old speak- neath the surface of the sea itselfÐBill and The AAI delegation also wishes to con- er of the ‘‘House.’’ ‘‘In a way, that’s true. I Mary Belle are accomplished scuba drivers gratulate the Chairman of the Interim Na- just didn’t realize how much power Newt and snorkelers. tional Electoral Commission, Dr. James Gingrich has. If he doesn’t like someone he Mr. Speaker, on behalf of their children and Jonah, and his colleagues for their impar- can make it really hard for people.’’ grandchildren as well as their many friends, I tiality and inspiring and tenacious leader- State Rep. Mike Fasano spoke to the sen- ship under difficult conditions. wish Bill and Mary Belle a happy golden wed- iors on the first day of the two-day event. ding anniversary in the hopes of many more to Finally, the AAI delegation thanks the Later, students spent hours heatedly debat- people of Sierra Leone for their hospitality ing dozens of issues from abortion education come. and warm welcome. to education reform. f On March 29, 1996, Ahmad Tejan Kabbah By Friday, the make-believe legislators CONGRATULATIONS TO RED BANK of the Sierra Leone People's Party was sworn had learned that life in the Capitol isn’t easy in as the President of the Republic of Sierra and that getting a law passed is even harder. CATHOLIC Leone. This peaceful transition of power from More than 275 bills were discussed in com- a military regime to a freely elected civilian mittee. Only 40 were heard on the House and HON. FRANK PALLONE, JR. Senate floor. government is a tremendous step onto the OF NEW JERSEY Students proposed such legislation as: road to democracy, and I think will have a The Dumb Teachers Act, requiring instruc- IN THE HOUSE OF REPRESENTATIVES very positive effect on some of Sierra Leone's tors to be recertified every year. Monday, April 15, 1996 authoritarian neighbors. Mandating that school administrators In fact, just last week, when United States keep toilet paper and soap in the bathroom Mr. PALLONE. Mr. Speaker, I rise today to citizens located in the neighboring country of or be subject to fines plus tar and feathering. congratulate the Red Bank Catholic Women's Liberia were threatened by the ongoing vio- Increasing the speed limit on state high- Basketball Team for winning the New Jersey lence in that country, the Government of Si- ways to 85 miles per hour. State High School Basketball Championship. erra Leone allowed the United States to use Ultimately, only five bills became ‘‘law,’’ Back in the Sixth Congressional District, their airport to help with the evacuation of making it more difficult to use lottery these young women have provided their fans money to supplement school funding; allow- Americans and other internationals from the and myself with much excitement and sense ing a vehicle’s tinted windows to be as dark of pride. From reaching the finals of the Shore Liberian capital city of Monrovia. For this, we as the driver wanted; permitting students to are very grateful, and thank the new Govern- work as many hours a week as they wanted Conference Tournament to winning the State ment of Sierra Leone for their cooperation and as long as they maintained a ‘‘C’’ average; Championship at the Meadowlands, Red Bank assistance. requiring boating licenses for those 14 and Catholic has demonstrated its commitment to Also deserving special recognition are all of older; and making it easier to get an ‘‘A’’ at excellence. the United States citizens living in Sierra River Ridge, but abolishing extra points for Throughout the year, Red Bank Catholic Leone, especially the people who work at the attendance. has stressed the importance of team unity as United States Embassy in Freetown led by The mock legislative session has been a major component of victory. This approach Ambassador John Hirsch, a very dynamic indi- staged for the past four years, said teacher to the season, in addition to its dedication and Tom Fleming. vidual who has given so much of himself to ‘‘It’s better if they live the legislative hard work, provided the team with the nec- help the people of Sierra Leone. process,’’ he said. essary drive to become the best high school It seems that we hear so much bad news Students agreed. basketball team in the State of New Jersey. from AfricaÐit's good to be able to emphasize ‘‘Even though they’re not real laws, you In addition to the athletic abilities possessed the good news when it comes along. still learn a lot,’’ said Gena Deluigi, 18. ‘‘It’s by this team, the players of Red Bank Catholic April 16, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E535 must be saluted for their academic excellence. munity. Her accomplishments were acknowl- especially prevalent in geographic areas On and off the court, these student athletes edged by the University of California Alumni where people have little experience with man- have maintained athletic prowess and aca- Club. aged care. The commission system in which demic integrity in light of intense pressure. In the end, though, many remember Helen many HMO agents work is an inappropriate fi- Once again I would like to salute these Mineta as a dear friend who had a zest for nancial incentive which leads to pressure young women for capturing the high school life. She remained active and cheerful sales to vulnerable beneficiaries. For example, basketball championship and wish them the throughout her life despite the obstacles. She when Geraldine Dallek of the Center for best of luck in their future endeavors. will be sorely missed. Ms. Mineta is survived Health Care Rights provided testimony last f by two sisters, Etsu M. Masaoka of Chevy year to the Senate Special Committee on Chase, MD and Aya Endo of Medford, NJ; two Aging, she reported a story of a woman from TRIBUTE TO HELEN MINETA brothers, Albert Mineta of San Jose, and Nor- Los Angeles who was a victim of these prac- man Mineta of Alexandria, VA, and three tices. The woman, Mrs. B, who has a fifth HON. SAM FARR nieces and four nephews. To them we send grade education, received an unsolicited visit OF CALIFORNIA our deepest condolences. from an HMO marketing agent. When Mrs. B IN THE HOUSE OF REPRESENTATIVES f refused to sign up for the plan, the representa- Monday, April 15, 1996 tive persuaded her to sign an enrollment form TRIBUTE TO THE LATE MARINE by telling her that it would only be used to ver- Mr. FARR of California. Mr. Speaker, I rise COL. ROBERT OVERMYER ify his visit. today to acknowledge a woman who exempli- To remedy abusive HMO marketing prac- fies the very best of the American spirit. Helen HON. SHERROD BROWN tices, H.R. 1707 would prohibit door-to-door Mineta, a teacher of politics and government OF OHIO marketing and allow beneficiaries to enroll via for more than 30 years, a friend, and an active IN THE HOUSE OF REPRESENTATIVES mail. Also, it would limit the percentage of member of the community, died March 18th in compensation received through commissions Monday, April 15, 1996 San Jose, CA. She was 77. The daughter of and require plans to recover commissions if immigrant Japanese parents, Ms. Mineta per- Mr. BROWN of Ohio. Mr. Speaker, I rise the beneficiary disenrolled within 90 days. severed throughout her life against racism, today to speak of a tragic loss that the people Most HMO enrollees give up their supple- overcoming numerous barriers. She bettered of the 13th District of Ohio, and the entire Na- mental or MediGap coverage when they enroll the lives of those with whom she came in con- tion, recently suffered. in an HMO. Many fear that if they disenroll tact in countless ways, as a teacher and as an Marine Col. Robert Overmyer, born in Lo- from an HMO, no insurance company will sell advocate for Japanese-American rights. rain, OH, died last month while bravely work- them a supplemental policy. This is a very se- Helen Mineta graduated from San Jose ing as a test pilot. The prototype plane he was rious issue for those who leave their HMO be- State College in 1938 with dreams of becom- flying lost control and crashed before he could cause they are ill and believe the HMO is not ing a teacher, but was told by her professors eject. His sacrifice, made while insuring the providing them adequate care. Under my bill, that no one would hire a Japanese person. safety of others, will not be forgotten. beneficiaries will be able to secure a supple- Undaunted, she worked in the speech and Colonel Overmyer was a true American mental plan after moving out of an HMO. H.R. drama department at San Jose State while hero and served his country with great pride 1707 requires Medicare-contracting plans and studying commerce. She remained at San for almost 40 years, both as a Marine and a MediGap plans to participate in an open en- Jose State until the onset of World War II and celebrated astronaut. He worked on the Air rollment process. This provision allows for a the attack on Pearl Harbor caused Americans Force Manned Orbiting Laboratory Program, beneficiary to enroll, disenroll, or change plans to lash out at Japanese-Americans. As a re- served as a NASA astronaut on the Apollo 17 during this period without being subject to sult of both racism and fear, Ms. Mineta and mission, and more recently commanded the medical underwriting or preexisting exclusions. many other Japanese-Americans were placed 1985 Space Shuttle Challenger mission. Also, the difficulty beneficiaries have making in internment camps. Colonel Overmyer grew up Westlake, OH, comparisons among Medicare coverage op- Helen Mineta and her family were interned near Cleveland Hopkins Airport. His love of tions would be dealt with by having the Sec- first at the Santa Anita Racetrack and then the flying was born while watching planes take off retary conduct annual open enrollment peri- Heart Mountain camp in Wyoming. Despite and land at that airport. He never forgot his ods. During this period, Medicare beneficiaries these hardships, Ms. Mineta managed to get roots in Ohio, and always found the time to could enroll in traditional Medicare coverage out of the internment camp by obtaining a po- give back to his childhood community. He re- or any additional HMO-managed care options. sition as an executive secretary in a Chicago turned several times to speak to students and Differences in plan benefits and costs would chemical corporation. Although forced to leave adults about the role of the military and future be presented in easy, comparative formats. A her family behind, she did not forget them. Ms. of the American space program. criticism of managed care plans has been the Mineta helped to educate her brother, Nor- Colonel Overmyer will be remembered not lack of readily available, understandable and man, who was without a school in the intern- only by his family and friends, but by all Amer- comparable information of plans. This legisla- ment camp, by sending him books and ques- icans for his dedicated service to our country. tion works to correct this by requiring Medi- tions to answer concerning them. Her hard I thank you, Colonel Overmyer, for giving the care-contracting plans to provide descriptive work and tutelage reaped great benefits, for most while you were with us. You will be information on plan utilization review require- Norman was later to become our friend, the missed. ments, plan standards for contracting with pro- former congressman from San Jose. f viders, provider credentials, and plan physi- In the years after the war Ms. Mineta cian payment arrangements. This bill would worked for her brother-in-law at the Japanese MEDICARE BENEFICIARY PROTEC- standardize the basic benefit package for American Citizens League in Washington, TION AMENDMENTS—H.R. 1707 Medicare HMO's. Plans could not impose cost D.C., fighting to help others deal with the sharing other than nominal copayments for same racism that had assailed her. She went HON. FORTNEY PETE STARK Medicare-covered services. Also, limits on ad- on to receive another bachelor's degree from OF CALIFORNIA ditional benefits must be fully explained and the University of California at Berkeley, and fi- IN THE HOUSE OF REPRESENTATIVES enrollees given reasonable notice that benefits nally realized her goal of teaching at San Jose Tuesday, April 16, 1996 are expiring. High School in 1958. But again tragedy struck Managed care is a system that provides fi- as Ms. Mineta was about to receive a much Mr. STARK. Mr. Speaker, last May, I intro- nancial incentives to provide less care. A 1989 dreamed about position at the United Nations. duced legislation designed to ensure that GAO report concluded that this system that Her mother died in 1956 and she returned Medicare beneficiaries have access to quality puts providers at financial risk for expensive home to help her father. care and fair treatment by their HMO's and medical treatment inherently contains incen- Helen Mineta remained actively involved in managed care plans. Today, I reiterate the tives to deny or delay needed care. The prob- the community throughout her life, giving lec- need for Medicare beneficiary protection and lem of inconsistent and delayed utilization re- tures on the racism she confronted and over- urge passage of the needed safeguards that view practices of managed care plans would came during World War II and throughout her H.R. 1707 provides. be remedied in several ways by H.R. 1707. life. She was also instrumental in the fight to An important issue addressed by this meas- First, financial compensation could not be build the San Jose Center for the Performing ure is the serious abuse of marketing prac- given to individuals performing the UR based Arts, bringing a valuable resource to the com- tices by HMO's. Abuses by sales agents are upon the number of denials. Second, negative E536 CONGRESSIONAL RECORD — Extensions of Remarks April 16, 1996 determinations about medical necessity or ap- 16 percent of enrollees planned to leave their Mr. Speaker, we don't blame workers for propriateness will be required to be made by HMO, but felt they could not. Even worse, 66 falling wages, we simply believe that they are clinically qualified personnel. Also, final deter- percent of disabled/ERSD enrollees wanted to not being given the necessary tools to com- mination of coverage must be made within 24 leave their HMO's. These statistics and others pete in the high-technology economy of the hours. indicate that HMO's are often failing to prop- 1990's. The amendments would also update HMO erly serve many Medicare beneficiaries. The Productivity is stagnant because the rate of plans in the area of access to emergency remedies I propose will move us toward better investment in new equipment in only half of medical services. Specifically, plans could not quality and a fairer managed care system. what it was a decade ago. require preauthorization for true emergency f Investment has been curtailed because our medical care and could not deny a claim for savings rate is low. a beneficiary who uses the ``911'' system to PROVIDING FOR CONSIDERATION OF HOUSE JOINT RESOLUTION American families are not saving as much access services. Also, plans must define because Federal taxes are at an all time high. ``emergency medical care'' in terms easily un- 159, CONSTITUTIONAL AMEND- We must provide working families with tax derstood by the average person. An example MENT RELATING TO TAXES relief, that is what today's amendment is all of why this is needed is given by the Center SPEECH OF about. If Congress wants to raise taxes it is for Health Care Rights which reports a case of going to require a two-thirds vote of this legis- a San Diego woman who went to her HMO's HON. WILLIAM J. MARTINI lative body. urgent care center for treatment of an injury. OF NEW JERSEY One-third of the States currently have their She was told that the center had many people IN THE HOUSE OF REPRESENTATIVES waiting and only one doctor on duty. The ben- own form of the tax limitation amendment and Monday, April 15, 1996 eficiary was instructed to go to the nearest not surprisingly those States had lower taxes, emergency room. The HMO later denied her Mr. MARTINI. Mr. Speaker, I rise today in more economic growth, and more job creation claim because the emergency room treatment support of the American taxpayer and in sup- than States without a tax limitation law. was not authorized. port of this historic amendment being consid- Mr. Speaker, the facts are clear, tax relief These requirements will also benefit physi- ered by the House of Representatives. benefits working families and working Ameri- cians by mandating reimbursement by the House Joint Resolution 159, the tax limita- cans. In fact, 74 percent of the proposed plan to those physicians who provide emer- tion amendment, will require a two-thirds $500-per-child family tax credit will go to fami- gency services in nonplan hospitals in order to supermajority vote of the Congress to raise lies making less than $75,000 a year. fulfill the Federal antidumping law. Federal taxes. Put another way, the $500-per-child tax An important protection standard in this leg- Mr. Speaker, this amendment is necessary credit means families earning less than islation would benefit those who seek out-of- because the average family of four pays about $25,000 will no longer pay Federal taxes, plan treatment: Providers plans would be pro- 38.2 percent of their income in Federal, State, those earning $30,000 will have 48 percent of hibited from charging more than Medicare and local taxes. More than 3 hours of every 8- their Federal tax liability wiped out. would have paid under fee-for-service rules. hour workday are dedicated to the tax man. With regards to capital gains tax relief, an Also, plans would be required to make ar- To put it another way, the average Amer- IRS analysis of 1993 tax returns found that 77 rangements for beneficiaries to have occa- ican works from New Year's Day to May 6 just percent of the tax returns reporting capital sional dialysis service outside the plans area. to pay off his or her tax burden. gains were filed by taxpayers with adjusted Recognizing the special needs of individuals We believe that Americans are taxed too gross incomes of less than $75,000; 60 per- with disabilities and chronic-illness, the much, not too little. We also believe that indi- cent had adjusted gross incomes of less than amendments guarantee enrollees access to viduals and families can better decide how to $50,000. designated centers of excellence. The stand- spend their money than Uncle Sam. Lower taxes benefit all Americans, not just ard for the designation of a center of excel- Unfortunately, most Americans are scared, the wealthy. lence will be established by the Secretary. they are feeling squeezed by falling wages Last year Congress passed a plan to relieve Factors that would be included in the Sec- and mixed signals on status of the economy. some of the burden on the middle class. We retary's designation would include specialized People are anxious about their economic fu- passed a $500-per-child income tax credit for education and training, participation in peer-re- ture and job security. In New Jersey, we see middle-income families, we passed capital viewed research, and treatment of patients corporations like AT&T laying off thousands of gains tax reform, and we passed IRA self-loan from outside the facility's geographic area. employees and the Thomas' English Muffins legislation. To improve due process for providers in net- plant closing their doors in Totowa. This Congress wants you to earn more and Unfortunately, millions of working families works, public notices would be required as to keep more of what you earn. Had our bal- gather around the kitchen table each week when applications by participating providers anced budget been signed into law, instead of and wonder why it is they can't seem to make are to be accepted. Notification of a decision being vetoed by President Clinton, families ends meet. They work longer hours, they take to terminate or not renew a contract would be could look forward to doing more with the second jobs, but they feel like they are run- required not later than 45 days before it is to money they earn. take effect. ning in place. Today, as Americans go to the post office to In order to ensure access to enrollees In his State of the Union speech, President mail their tax returns, we will vote on a con- throughout a plan's service area, the Sec- Clinton stated ``our economy is the healthiest stitutional amendment to require a two-thirds retary may require plans to contract with cer- it has been in three decades.'' The President supermajority to raise taxes. tain clinics and other essential community pro- proudly pointed to statistics from the Depart- viders in the service area. In general, the serv- ment of the Treasury as well a robust year on If the two-thirds rule had been in existence ice area of a Medicare-contracting plan would Wall Street. in 1993, we would have stopped President be an entire metropolitan statistical area. However, someone forgot to tell the Presi- Clinton's tax hike, and American families To comply with this plan, Federal regulators dent to check with middle-class America be- would now be paying less for gasoline, small would be given authority to impose intermedi- cause he has failed to recognize the impor- businesses would be creating more jobs, and ate sanctions. Currently, the Secretary has the tance of what we refer to as the ``Clinton our retired parents and neighbors would be authority to bar participation in Medicare. Crunch.'' paying less in taxes. Under this plan, the Secretary could prohibit Secretary of Labor, Robert Reich, likes to A tougher standard to raise taxes will en- plans from enrolling beneficiaries until it meets point out that real wages for the median work- sure that taxes are raised only when there is all Federal requirements. A new review proc- er have fallen 4.6 percent since 1979. What a broad consensus and when it is absolutely ess would allow HMO's to submit a corrective he doesn't tell the American people is that half necessary. action plan for violations. A civil money pen- the wage decline has occurred under the Clin- This safeguard will help keep spending in alty up to $25,000 for each violation that ad- ton administration. check because Congress won't be able to versely affects an individual enrolled in the In fact, the only period of sustained wage take the easy way out and raise Federal plan would be authorized. growth in the last 17 years came during the taxes. The Medicare beneficiary protection amend- Reagan administration. You may recall former Mr. Speaker, House Joint Resolution 159 is ments are a powerful step toward safeguard- President Reagan advocated a policy of small- another example of how the new majority in ing the health of Medicare beneficiaries. Last er government, lower taxes, and less intrusion Congress is fulfilling its promises and making year, an inspector general's survey found that into the lives of Americans. Sound familiar? a difference to the American taxpayer. April 16, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E537 CELEBRATING TUFTONIA’S WEEK Francisco community is Herb Caen himself. ied the columns of prizewinners and dis- So, Mr. Speaker, I invite my colleagues to cerned a pattern: To win a Pulitzer, it is nec- read the column which appeared the day after essary to be serious, ready to render learned HON. BILL RICHARDSON opinions on matters of importance not only OF NEW MEXICO the award was announced in order to get a to the nation but to a waiting world. A IN THE HOUSE OF REPRESENTATIVES good taste of the wit and elegance which three-dot columnist in a smallish city on the Tuesday, April 16, 1996 earned Herb Caen this well-deserved honor. coast hardly seems worthy of a place in the HEY, LOOK ME OVER! pantheon. Walter Winchell, my original in- Mr. RICHARDSON. Mr. Speaker, in just a (By Herb Caen) spiration, never won anything of note, and few short weeks, many of us will be attending he used even more dots than I, to excellent ‘‘Pulitzer Prizewinning columnist.’’ Well, college graduations watching as countless effect. It’s true that satirical columns picked it does have a certain ring to it. And it will up a prize from time to time, as long as they numbers of our constituents finish their college definitely add a touch of class to the obitu- weren’t too funny. I will not deny that al- education, graduate, and become alumni. ary, which has been moldering away in the though I am not often funny, I am definitely As seasoned alumni know, you always morgue for years. I’m not trying to be mor- maintain a special tie to your college. At my silly and that seemed to me the kiss of bid in the Edgar Allan Poe mode. ‘‘Morgue’’ death. alma mater, Tufts University actively encour- is what old newshounds call their paper’s li- What I received yesterday, said the AP, aged alumni to celebrate their college days by brary, and it’s somebody’s job to keep the was ‘‘a special award for what the Pulitzer participating in annual ``Tuftonia's Week'' cele- obits up to date. ‘‘Pulitzer Prizewinning col- board described as ‘his extraordinary and brations. It is a special time for more than umnist’’ will also juice up the resume if I continuing contribution as a voice and a con- 88,000 alumni of Tufts to turn their thoughts to ever have to start jobhunting again. Don’t science of his city.’ ’’ I can be serious about laugh. Downsizing is the order of the day. I that. I am as seriously touched—nay, over- Tufts and to get together with fellow command a large salary, several dollars a Tuftonians, to reminisce with old friends. whelmed—as I am seriously in love with week over scale. I could well be on the short ‘‘my’’ city. The Pulitzer, coming on the heels Tuftonia Week also allows the university to list for the gold-plated watch and farewell of my 80th birthday last week, with its at- focus attention on its enormously successful handshake, thereby making room on the tendant tributes and demonstrations of alumni program called, ``TuftServe.'' Last year, payroll for the pitcher and running back we friendship, has rendered me limp with grati- Tufts alumni contributed more than 19,000 vol- so desperately need. tude, speechless with swirling thoughts im- unteer hours of community service. This work I got the word that I’d won a Pulitzer late possible to articulate. Mixed up somewhere enhance the quality of life in our local commu- yesterday morning when Karyn Hunt of the in the award, I figure, is a streak of senti- local Associated Press bureau called and nities and enables alumni to maintain a close mental regard for an old party who has been asked for a statment. I thought she was kid- grinding it out, year after year, and, at the relationship with their alma mater. ding because I happen to know she’s a great same time, a salute to longevity, for which I As my colleagues address soon-to-be alum- kidder. How do I know? Because—and here’s thank my German mama and my French ni at college graduation campuses around the your item—Karyn once worked for me, man- papa who had the good taste to come to this country, may I suggest that we take with us a ning the phones and checking stories. She loveliest of cities so long ago. page from Tuftonia's Week and encourage got out as soon as she could and has colorful This is also, of course, a victory for the college graduates to remember and honor stories to tell about what a mizzerable per- mechanical typewriter over the burgeoning their college years by offering and volunteer- son I am to work for, but I digress. Actually, forces of cyberspace. I hereby hub my Royal, ing their knowledge and expertise in their I’m not that hard to work for. Ask Carole a brand name that is currently being dragged Vernier, who works for me now. On second through the mud. The suspected Unabomber communities. Such an endeavor by my col- thought, don’t ask Carole. I do get a little is said to have written his manifesto on a 40- leagues would be a great tribute to the volun- difficult around deadline. I am no longer di- year-old Royal, the same age as mine. As for teer commitment of many Tufts University gressing, I am regressing. Say, can the Pul- the part about being ‘‘the conscience of the alumni as well as an outstanding celebration itzer board!—and thank you thank you city,’’ this city had one—plus great style— of Tuftonia's Week. thank you whoever your are—where was I? long before I came down the river from Sac- f Oh yes, can the board take the prize back ramento. The city’s overriding sense of fair once it has been bestowed? This could well be play always appealed to me and I have been SAN FRANCISCO CHRONICLE COL- a historic test. delighted to get the chance to help keep it UMNIST HERB CAEN RECEIVES Anyway, when Karyn of the AP called for alive. About being ‘‘the voice,’’ I seem to PULITZER PRIZE a comment, I said ‘‘A little late for April have lost it at the moment, being speechless Fool jokes, isn’t it?’’ She finally convinced with surprise. All I can manage to croak is, me this was for real, whereupon I fell back ‘‘For columns like this, they give a Pul- HON. TOM LANTOS on the old barnyard joke whose punchline is itzer?’’ OF CALIFORNIA ‘‘What a pullet surprise,’’ laying an egg in f IN THE HOUSE OF REPRESENTATIVES the process. ‘‘Be serious,’’ she said, sternly, Tuesday, April 16, 1996 ‘‘I’m on deadline.’’ ‘‘You’re on deadline?’’ I IN TRIBUTE OF PROF. JAN KARSKI snapped. ‘‘Whaddya think I’m on, a Mr. LANTOS. Mr. Speaker, Herb Caen, a Stairmaster? And you know how I get at truly extraordinary talent in the world of jour- deadline time,’’ In truth, my thoughts were HON. NANCY PELOSI OF CALIFORNIA nalism, joined an elite group of journalists last so scattered and my surprise, pullet or other- IN THE HOUSE OF REPRESENTATIVES week when he was awarded the Pulitzer wise, so genuine that I had no statement to Prize. He received a special Pulitzer Award make beyond ‘‘Duh, I’ll get back to you.’’ Tuesday, April 16, 1996 that recognizes his unique and enormous con- What I think happened is that I outlasted the Pulitzer board members. They kept wait- Ms. PELOSI. Mr. Speaker, I rise today with tributions to the city that he loves with all his ing for me to pop off, so they wouldn’t have the Holocaust Center of Northern California to heart. For almost 58 years, Herb Caen has to think about that West Coast noodnik any honor Prof. Jan Karski, a member of the Pol- delighted residents of San Francisco and the longer, and when I passed 80 they caved in. ish underground during World War II who surrounding communities with stories and About 25 years ago, Art Hoppe and I made risked his life in an effort to stop the Holo- thoughts on our unique and wonderful ``City by a solemn pact, sealed in blood: If either or caust. the Bay.'' both of us ever won a Pulitzer, we’d refuse to Professor Karski, a devout Roman Catholic, Herb Caen fills his daily 1,000-word column accept it. That’s because we felt that a lot of was captured and savagely tortured by the with an incredible range of items, from political columnists who didn’t deserve the prize were Gestapo while working as a courier in 1940. winning it. Besides, the years were rolling platforms to society gossip to humorous en- along without a nod from Olympus, which Willing to sacrifice his life to protect the under- counters with the many interesting individuals would make it easy for him or me to say ground, Professor Karski escaped with the within the rich and diverse city of San Fran- coldly, ‘‘Too late, ladies and gentlemen, too help of the Polish workers, and returned to his cisco. While there is almost always a laugh late.’’ Well, when the word came through work as a courier. contained in Herb Caen's column, he did not yesterday, I was in a quandary. A sacred vow In 1942, Professor Karski was smuggled shy away from expressing controversial opin- sealed with a vile oath is not to be broken into the Warsaw ghetto and death camp near ions on issues concerning the city and the lightly. As I was tentatively rehearsing vari- Belzec, and then traveled secretly to Washing- country. I am delighted that the Pulitzer board ations on ‘‘I don’t need no steenkin’ prizes,’’ ton, DC, where he provided President Roo- Hoppe poked his head into my office and said sevelt, other top Government officials, journal- recognized these extraordinary qualities when ‘‘Forget it. I release you.’’ That is one of sev- they conferred this special prize, only the fifth eral reasons I think Art Hoppe deserved a ists, and religious leaders with a terrifying eye- in the history of the awards. Pulitzer a long time ago. witness account of the extermination of thou- The only person who can adequately ex- No, I never expected to win the gonfalon, sands of helpless and innocent Jews. Profes- press the importance of this award to the San the gong, the biggie. Year after year I stud- sor Karski traveled extensively throughout the E538 CONGRESSIONAL RECORD — Extensions of Remarks April 16, 1996 United States lecturing about the atrocities he Corp., and the certificate of merit from the created parent-to-parent workshops in both had witnessed. In 1944, he published a best- Queens Women's Center. English and Spanish where parents can learn selling book, ``The Story of the Secret State'', Fully understanding the workings of Amer- from each other about good parenting skills. which exposed the Nazis' genocidal plans. ican government and responding in the true Parent-to-parent combines teaching, peer Twenty-five years later, Professor Karski American spirit of voluntarism and civic partici- counseling, and sharing to help parents find broke his silence about the terrible secret in pation, Honey has risen to a variety of promi- caring ways to guide their children. Claude Lanzmann's epic Holocaust film docu- nent positions in the area of elected leader- Sister Charlotte is a resource we treasure in mentary, ``Shoah.'' In recognition of his cour- ship. While currently serving as Democratic the Second District of Arizona. We are proud age on behalf of the Jewish people, Professor district leader for the 24th Assembly District, a that her programs for children are being rec- Karski was honored at Yad Vashem as a position which she has held since 1972, ognized, and I congratulate her on her accom- Righteous Among the Nations in 1982 and the Honey has also chaired the women's division plishments. Israeli Government awarded him honorary citi- of the New York State Democratic Committee, f zenship in 1994. was treasurer of the Women's Executive Com- I am pleased to join with the Holocaust Cen- mittee of the Queens County Democratic Or- TRIBUTE TO JEWISH WAR VETER- ter of Northern California and the Jewish reli- ganization, second vice chairperson of the ANS U.S.A., NORTH ESSEX, POST gious community to pay tribute to this great Queens Democratic Committee, and served 146 man on Yom HaShoah, the Day of Holocaust as delegate to the last five Democratic Na- Remembrance, which begins at sundown on tional Conventions. HON. WILLIAM J. MARTINI Monday, April 15, 1996. Mr. Speaker, Honey Miller has come to OF NEW JERSEY Professor Karski is a hero not only to his symoblize the truest example of the American IN THE HOUSE OF REPRESENTATIVES own people but to all of humanity. With his un- participatory spirit. I ask all my colleagues to Tuesday, April 16, 1996 wavering courage and integrity, Professor join with the grateful people of the Fifth Con- Karski is a role model for us all, for he dem- gressional District in extending to Honey Miller Mr. MARTINI. Mr. Speaker, I rise today to onstrated how the human spirit can triumph the highest accolades of appreciation and rec- pay tribute to a very special group of Ameri- over extreme evil and adversity. Now in his ognition. cans from the Eighth Congressional District of eighties, Professor Karski continues to speak f New Jersey. out against racism, anti-Semitism and intoler- On March 15, 1896, a group of Jewish vet- ance so others might learn from the horrible HONORING SISTER CHARLOTTE erans gathered for the first time and formed mistakes of the past. an organization by pledging to maintain their f HON. ED PASTOR true allegiance to the United States, to stand OF ARIZONA against the sway of bigotry, and to honor the HONORING HONEY MILLER FOR IN THE HOUSE OF REPRESENTATIVES patriotic service performed by men of Jewish HER MANY YEARS OF COMMU- faith. This organization, the Jewish War Veter- Tuesday, April 16, 1996 NITY SERVICE ans U.S.A., has for a century offered a stead- Mr. PASTOR. Mr. Speaker, today I rise to fast portrait of loyalty, sacrifice, and self-re- HON. GARY L. ACKERMAN congratulate Sister Charlotte of Project YES!, solve. OF NEW YORK who has been chosen as a recipient of the Our loyalties mark the kinds of persons we IN THE HOUSE OF REPRESENTATIVES National Service Award. I am especially have chosen to become. Real loyalty endures pleased that her work is being recognized at inconvenience, withstands hardship, and does Tuesday, April 16, 1996 the national level for two reasons: First, she not flinch under assault. The individuals who Mr. ACKERMAN. Mr. Speaker, I rise today has been a strong and tireless advocate for make up the Jewish War Veterans U.S.A. con- to join with my constituents and with the mem- children, and second, she has brought re- sistently allow this genuine loyalty to pervade bers of the Eastern Queens Democratic Club sources and attention to an economically de- the whole of their lives. as they honor Honey Miller at the club's an- prived area. It is because of her work that the The members of JWV, Post 146 remind us nual dinner at the Douglaston Manor in children living in this multiethnic area have ac- that the loyal, patriotic citizen expects no great Queens County, NY. cess to educational opportunities, and more reward for coming to his country's aid. On the For many years, Honey Miller has been a importantly, hope. contrary, a devoted patriot seeks only that his model of what the term ``community activist'' She has provided opportunities for the chil- country flourishes. should mean. While serving as deputy director dren in her neighborhood to work with tutors, When it comes to honoring their country, of Queens community boards from 1985 to socialize, to have enriching educational ex- their faith, and their comrades, the veterans of through 1990, Honey used her expertise to periences, to be in sports leagues, to develop Post 146 know that good intentions are no help local boards address major, complex is- spiritually, to better understand their culture, guarantee for right actions. Indeed, the mem- sues that impacted on the growth and devel- and to bond with adults. She has created a bers of Post 146 have demonstrated both the opment of the borough's many communities. loving, caring, safe environment for many chil- wisdom to know the right thing to do, and the While immersed in this ongoing role Honey dren who have never known such a place. For will to do it. Certainly, they have lived up to developed a second field of expertise by be- many of these children, Project YES! is not the obligations of loyalty, patriotism, and serv- coming a professional volunteer. As a PTA just a home away from home, it is the only ice. leader, president of the Aviva chapter of B'nai home they know. To be a loyal citizen means to achieve a Brith, a companion to children with emotional Because Project YES! is so special to the high standard of caring seriously about the problems at the Creedmoor Hospital, a chair- children, the only discipline needed is the well-being of one's nation. I am proud to honor woman of the adult-education program at the threat of time out from Project YES! No one and praise the Jewish War Veterans U.S.A. Marathon Jewish Center, a volunteer at the misbehaves because no one wants to be ex- for exceeding this standard. Congratulations Queens County District Attorney's office, and cluded even for a few hours. JWV U.S.A. for 100 years of Jewish pride and a chauffeur for senior citizens at the Samuel Sister Charlotte first became involved in American patriotism, and Post 146 on your Field Y, Honey Miller established a reputation Project YES! in 1983 as a member of its 60th anniversary. as someone who could undertake any task board of directors. Her background in guid- f and get the job done. ance counseling and teaching encouraged her Mr. Speaker, the community has not only interest and her enthusiasm for this alternative WELCOME BACK LOU STOKES benefited from Honey's dedication, but also way of reaching children. Consequently, in has responded to her good works by present- 1987 she left her elementary school adminis- HON. STEVE C. LaTOURETTE ing her with many and varied honors, including trator position with the Santa Cruz Catholic OF OHIO Woman of the Year for the northeast Queens School and became the executive director of IN THE HOUSE OF REPRESENTATIVES Memorial Day parade, certificates of achieve- Project YES! ment from B'nai Brith and the Marathon Jew- Under her creative and enthusiastic direc- Tuesday, April 16, 1996 ish Center, citation of achievement from the tion, Project YES! has become a vital force in Mr. LATOURETTE. Mr. Speaker, yesterday metropolitan region of the United Synagogue the lives of hundreds of children and of their my friend and colleague, LOU STOKES, re- of America, the Community Service Award parents. In addition to the supportive environ- turned to the House of Representatives. I from the Glen Oaks Volunteer Ambulance ment and programs for the children, she has wanted to take this opportunity to tell him how April 16, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E539 much his presence and guidance were missed The association was started by a visionary trict were honored for their notable contribu- in this institution, and how the Congress is en- named Donald E. Dickason, a former director tions to northwest Indiana. Student Recogni- riched to have him back, and in good health. of nonacademic personnel at the University of tion Awards, a President's Award, a Commu- Anyone who knows LOU STOKES knows it Illinois at Champaign in 1946. At that time, nity Outreach Award, a Cesar Chavez award would take nothing short of major surgery to Dickason invited representatives from more and an Outstanding Family Award were pre- keep him away from the House of Represent- than 50 post-secondary institutions in the Mid- sented by the Hispanic Coordinating Council atives. As it turns out, it was major heart sur- west to a forum to discuss problems unique to during a banquet held at the American Legion gery that kept LOU away, which seems fitting higher education personnel administration. He Post No. 369 in East Chicago, IN. because LOU has one major heart. I am envisioned an Association that would provide Sixty Hispanic students representing thirty pleased he came through his surgery with fly- timely information and support to help foster northwest Indiana and northeast Illinois high ing colors, and know he will resume his work leadership among personnel administrator. He schools were recognized for their academic with the same level of intensity and commit- envisioned an Association that would provide and athletic achievement. The students who ment we've all come to expect from him. I timely information and support to help foster received awards for Outstanding Academic thank the fine doctors of the Cleveland Clinic leadership among personnel administrators Achievement include: Melissa Hogg, Andrean for taking care of our good friend, and sending and growth among institutions. The 44 individ- High School; Angelica Quiroz, Calumet High him back to us as good as new. uals who attended the meeting agreed and School; April Ybarra, Clark Middle/Senior High As a member of the Ohio delegation and a thus CUPA was born. School; Leandro Cortez, Jr., East Chicago Representative from northeast Ohio, I have al- I first became aware of CUPA when I spon- Central High School; Fidel Lopez, Edison Jun- ways valued LOU's experience and wisdom, sored H.R. 127, the Employer Provided Edu- ior/Senior High School; Laura Rivera, Gavit and feel blessed to have a role model like him cation Assistance Act to reinstate the exclu- Middle/High School; Susan Barriga, Griffith in the House. In all my dealings with LOU sion from income for employees who receive Senior High School; Tina Rongel, Hammond STOKES he has been fair, forthright, and de- compensation for education expenses from High School; Iris Sanchez, Hanover Central cent, and it is greatly appreciated. their employer. As many colleges and univer- High School; Raymond Padron, Hebron Jun- So, on the occasion of his return to the sities use this valuable training and re-training ior/Senior High School; Nicole Yadron, High- House, I wish him well. The dean of the Ohio tool to help their personnel keep on the cutting land High School; Nina Ramos, Hobart High delegation was dearly missed, and I for one edge of new technology and information in School; Elvin Roman, Horace Mann High am very glad that he is back. various education fields, CUPA has helped to School; Megan Mendoza, Lowell High School; f lead the charge in trying to reinstate this im- Carmen Bonilla and Robert Martinez, Merrillville High School; Rebekah Perez, Mor- LARS ANDERSON portant provision to the tax code. It is in this tradition that CUPA promotes ef- ton High School; Christopher Garcia and fective management and development of Odette Gutierrez, Munster High School; James HON. BILL RICHARDSON human resources in higher education by pro- Espinoza, Portage High School; Patrica OF NEW MEXICO viding a forum for the exchange of ideas and Cisneros and Javier Fuentes, River Forest IN THE HOUSE OF REPRESENTATIVES providing valuable information and services to High School; Mabel Lamas and Allison Karas, Tuesday, April 16, 1996 its membership on the national, regional, and Thornton Fractional North High School; Leslie Mr. RICHARDSON. Mr. Speaker, it is with chapter level. Cruz, Thornton Fractional South High School; great respect and admiration that I honor Among the functions CUPA provides is the William Marquez and Alison DeSchamp, today a business associate, good friend, and distribution of information critical to expanding Valparaiso High School; and Santiago fellow New Mexican, Lars Anderson. and enhancing the higher education human Rodrigues, Jr., Whiting Middle/High School. The students who received awards for Out- Mr. Anderson was recently honored by the resource management profession through standing Athletic Achievement include: Mat- New Mexico AIDS Services by receiving the publications and other actions. CUPA provides thew Murawski, Andrean High School; Israel Ron McDaniel Award, named for the late AIDS such support and assistance to help its mem- Anthony Roman, Bishop Noll Institute; Daniel and human rights activist. This tribute recog- bership understand and comply with various Mendez, Boone Grove High School; Seleno nizes commitment and compassion for people federal laws and regulations such as the Civil Gomez, Calumet High School; Manuel impacted by HIV in Santa Fe, NM. Today I sa- Rights Act, the Age Discrimination in Employ- Amezcua, Clark Middle/Senior High School; lute Mr. Anderson for this revered honor. ment Act [ADEA], the Americans with Disabil- Mr. Anderson is a highly dedicated and re- ities Act [ADA], and the Family Medical Leave Paul Maldonado and Frank Chabes, East Chi- sponsible individual, whether in financial man- Act [FMLA] to name just a few. By providing cago Central High School; Nick Reyes, Edison agement, where I have benefited from his ex- this valuable information in a timely and pro- Junior/Senior High School; Enrique Luna, pertise, or in his steadfast endeavors to help fessional manner, CUPA helps to ensure their Gavit Middle/Senior High School; Stefanie others in need. He has been volunteering members are living up to both the spirit and Dominquez, Griffith Senior High School; Diana many hours for over 2 years with the Hand-in the intent of these important worker right and Cruz, Hammond High School; Jennifer Conley, Hand Practical Support Program, assisting protection laws. Hanover Central High School; Rachel those who are dying with AIDS. He has given CUPA has grown from the original 44 indi- Guzman, Highland High School; Kristopher his loyal support to help relieve the pain, both viduals who attended the first meeting in 1946 Kingery, Hobart High School; Jose Fogleman, physically and emotionally, to those afflicted to 6,100 human resource administrators rep- Lowell High School; Mike Villanueva, with this fatal disease. resenting more than 1,800 colleges and uni- Merrillville High School; David Mendoza, Mor- I am extremely grateful to be associated versities and other institutions interested in the ton High School; Alaina Altschu and Derek with Mr. Anderson. I respectfully invite all of advancement of the human resource profes- Serna, Munster High School; Nicholas Munoz my colleagues in the House of Representa- sion nationwide. and Leroy Vega, Portage High School; tives to join me in giving tribute to this es- I ask my colleagues to join me in recogniz- Mellissa Piunti, River Forest High School; and teemed New Mexican. ing the many accomplishments of CUPA, in Luis Dominguez, Whiting Middle/Senior High f congratulating them on 50 years of excellence, School. and in wishing them well in their next 50 years Those students who received awards for CUPA 50TH ANNIVERSARY of service. being an Outstanding Student include: William f Maldonado, East Chicago Central High HON. SANDER M. LEVIN School; Zack Escobedo, Lake Ridge Middle HISPANIC COORDINATING COUNCIL OF MICHIGAN School; Thomas Bonez, Portage High School; AWARDS IN THE HOUSE OF REPRESENTATIVES and Jason Lee Pedroza, River Forest High School. Tuesday, April 16, 1996 HON. PETER J. VISCLOSKY The Council also presented the Outstanding Mr. LEVIN. Mr. Speaker, I rise today to ac- OF INDIANA Family Award to Jose and Josephine Valtierra knowledge an association that has had a sig- IN THE HOUSE OF REPRESENTATIVES and their 11 children. This distinguished family nificant impact in the advancement of higher was carefully selected from many qualified education human resource managementÐthe Tuesday, April 16, 1996 families on the basis of their unity and dedica- College and University Personnel Association Mr. VISCLOSKY. Mr. Speaker, on Saturday, tion to one another's successes. The Senoras [CUPA], which celebrated its 50th anniversary April 13, 1996, numerous outstanding His- of Yesteryear received the President's Award. on April 11, 1996. panics from Indiana's First Congressional Dis- This Senoras of Yesteryear honors women E540 CONGRESSIONAL RECORD — Extensions of Remarks April 16, 1996 who have recorded and documented achieve- TRIBUTE TO DR. JAMES J. budget antics that have left these primary en- ments of Hispanic families in East Chicago FADULE, JR. vironmental agencies limping through the 1996 and the Indiana Harbor Region. The Commu- fiscal year with only a fraction of the funding nity Organization Award was presented to the HON. WILLIAM J. MARTINI needed to function. The impacts of Republican cuts to the EPA Hammond Hispanic Community Committee. OF NEW JERSEY include: Juan Andrade, Jr. earned the Cesar Chavez IN THE HOUSE OF REPRESENTATIVES Weakened enforcement of environmental Award for co-founding the Midwest-Northeast Tuesday, April 16, 1996 lawsÐincluding a 40-percent reduction in Voter Registration Education Project. Juan Mr. MARTINI. Mr. Speaker, I rise today to health and safety inspections of industrial fa- was also recently named one of the ``100 Most pay tribute to a very special individual from the cilities; Influential Hispanics in America'' by the His- Eighth Congressional District of New Jersey. Delayed new standards to protect drinking panic Business Magazine. Dr. James J. Fadule, Jr. has served as su- waterÐincluding tap water standards for pol- Mr. Speaker, I ask you and my other distin- perintendent of the Nutley Public Schools for lutants like cryptosporidium, which killed 100 guished colleagues to join me in applauding the past 18 years and has set the standard for people in Milwaukee in 1993; Delayed new and ongoing cleanups at toxic all of the award recipients chosen by the His- pedagogical excellence. waste sitesÐstart of new construction halted panic Coordinating Council. I feel that all of ``What should I be when I grow up?'' is a question many young people ask when they at 68 sites; pace of cleanup slowed at 400 the participants are most deserving of the hon- are in school. Dr. Fadule has changed the sites; ors that were bestowed upon them. Moreover, premise of the question by encouraging stu- Rolled back community right-to-know infor- I would like to commend the Hispanic Coordi- dents to ask ``What should be my work in the mation about toxic chemicals; nating Council, its President, Ben Luna, and world?'' This is not a question about a pay- Created barriers to developing new controls all of the Council members for committing check, but a question about life. to protect rivers and streams from industrial themselves to preserving their culture. It is my The work of Dr. Fadule's life has been to water pollutants; privilege to commend them on their achieve- push students and teachers to expand their Delayed approving pesticides with lower health risks as a safer alternative for farmers; ments. energies for the sake of achieving something Delayed new standards for toxic industrial special. Work in this intrinsic sense is not what air pollutants; f we do for a living but what we do with our liv- Delayed review of air pollution standards to ing. ensure adequate health protection; and 25TH ANNIVERSARY OF GAY AND Some of life's greatest joys come from the Delayed studies on how toxic chemicals LESBIAN ACTIVIST ALLIANCE OF work of one's life. Indeed, those who have ne- may impair reproductive development and WASHINGTON, DC glected the joy of work, of a job well done, studies on how pollution affects high-risk pop- have lost something very meaningful. Thank ulations. you, Dr. James Fadule for your life's workÐI These are just some of the effects of the HON. ELEANOR HOLMES NORTON am certain that as you begin your retirement cuts to EPA funding. I have not even listed the you will continue to encourage, teach, and ap- OF THE DISTRICT OF COLUMBIA serious impacts of spending cuts on the De- preciate others in all that you do. partment of the Interior. IN THE HOUSE OF REPRESENTATIVES f I will conclude with two observations. First, Tuesday, April 16, 1996 THE ENVIRONMENT scientists say you cannot separate personal health from the health of our environment. Pol- Ms. NORTON. Mr. Speaker, Tuesday, April lution prevention equals disease prevention. 16, 1996, marks the 25th anniversary of the HON. NANCY PELOSI These foolish cuts are reducing our Nation's Gay and Lesbian Activist Alliance [GLAA]. OF CALIFORNIA investment in public health. It is false economy GLAA is the oldest consistently active lesbian IN THE HOUSE OF REPRESENTATIVES to cut back on enforcement of clean air and and gay political and civil rights organization in Tuesday, April 16, 1996 clean water. How sad that 26 years after the the United States. I am proud to represent Ms. PELOSI. Mr. Speaker, as we approach first Earth Day and a generation of fighting pollution, the Republicans are choosing to dis- GLAA in Congress and to count its members the 26th anniversary of the first Earth Day next Monday, I would like to make the follow- mantle environmental programs. among my friends. Second, I will call attention to a report on ing observations about the 104th Congress. Since its founding in 1971, GLAA has re- The 104th Congress came to Washington environmental protection by the California mained a nonpartisan organization and a con- with an aggressive, antienvironment agenda State Senate. The press reports, ``Contrary to sistent force advocating the civil and political promoted largely by industry and special inter- popular belief, environmental regulations are rights of the lesbian and gay people in Wash- est groups who were determined to turn back not a major cause of job losses and declining ington, DC, and across the Nation. GLAA has 25 years of progress to protect public health, economic performance.'' The Senate report concludes that environ- played a pivotal role in establishing a ban on safety, and the environment. mental laws are not a major cause for the re- discrimination against lesbian and gay public The budget cuts proposed by the Gingrich location of business to other States or coun- schoolteachers in Washington, DC, the first in Congress for the Department of the Interior tries. According to the report, more jobs are and the Environmental Protection Agency are the Nation. Its efforts helped lead to the pas- lost from leveraged buyouts and mergers than aimed at the heart of our Nation's environ- sage of DC's Human Rights Act, the founding from controlling pollution. mental protection. The two departments with of the Civilian Complaint Review Board, the The American people have the answerÐ the greatest environmental authority have be- reform of the District's sodomy statute, and they want a safe and healthy environment. We come the prime targets in the current attack the enactment of DC's domestic partnership should follow their lead, and we should live up on the environment. law. to their expectations that the Federal Govern- The proposed cut in funding for the EPA is ment will ensure their health and safety at all GLAA's work with elected officials in Wash- 21 percent below last year's level, which levels. We should remember that every day of ington, DC, has resulted in more effective would seriously affect EPA's enforcement of every year. AIDS prevention programs targeted to the clean air, clean water, and safe drinking water f public schools, to the prisons, to the home- laws. The Interior appropriations bill included less, and to underserved populations in the provisions to open Alaska's Tongass National H.R. 3173—THE CONSUMER Nation's Capital. The alliance's tireless advo- Forest to increased logging and continue the PRODUCTS SAFE TESTING ACT cacy on behalf of persons living with AIDS in- moratorium on listing new endangered spe- creased local funding for AIDS services and cies. HON. TOM LANTOS The funding for protection of our Nation's programs. OF CALIFORNIA wetlands, endangered species, forests, and IN THE HOUSE OF REPRESENTATIVES I hope my fellow Members will join me in public lands must not be sacrificed in favor of congratulating the Gay and Lesbian Activist short-term profits for miners, grazers, and de- Tuesday, April 16, 1996 Alliance on its 25th anniversary. I wish them velopers. Programs to protect our Nation's Mr. LANTOS. Mr. Speaker, I rise today to every success in their future endeavors. water and air should not be held hostage to call to the attention of my colleagues the April 16, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E541 Consumer Products Safe Testing Act which I review its regulations concerning toxicity test- a balanced budget law. In Oklahoma any new recently introduced, along with thirty-two of our ing, the bill takes a bite out of federal regula- tax must be submitted to a vote of the people colleagues. This long-overdue legislation aims tion, while ensuring consumers' safety. of the State unless the tax receives a three- at scaling back outdated and burdensome fed- In recognition of the contribution animal fourths supermajority of both the State house eral regulations used by the FDA and other tests make to the medical community, the bill and the State senate. I wonder how many new Federal agencies regarding toxicity testing of specifically exempts all medical research. Only taxes or tax increases would pass if they re- cosmetics, corrosives, and other substances. regulations regarding toxicity testing are af- quired a two-thirds supermajority or were sub- The bill calls on all Federal regulatory agen- fected. mitted to a vote of the American people? cies with jurisdiction over toxicity testing to re- I am delighted to sponsor the Consumer view and evaluate their regulations concerning Products Safe Testing Act. This legislation will f animal acute toxicity testing. The bill estab- move towards ensuring that the Federal Gov- lishes no new mandates regarding animal tox- ernment treats non-animal acute toxicity test- THE ‘‘WE THE PEOPLE’’ PROGRAM icity testing. For many years, the Federal Gov- ing as an acceptable standard and that out- ernment has used animals to test the toxicity dated and cumbersome regulations are re- HON. DAN BURTON viewed and reevaluated. of consumer products. This bill seeks to estab- OF INDIANA lish, wherever possible, non-animal acute tox- f IN THE HOUSE OF REPRESENTATIVES icity testing as an acceptable standard for PROVIDING FOR CONSIDERATION Government regulations without compromising Tuesday, April 16, 1996 OF HOUSE JOINT RESOLUTION human safety. Mr. BURTON of Indiana. Mr. Speaker, on Development of new technology has 159, CONSTITUTIONAL AMEND- MENT RELATING TO TAXES April 27±29, 1996, more than 1,300 students achieved substantial gains in the field of non- from 50 States and the District of Columbia animal alternatives for acute toxicity tests. SPEECH OF will be in Washington, DC, to compete in the Many cosmetic companies, including Avon, HON. J.C. WATTS, JR. national finals of the ``We the People . . . the Revlon, Redken, Paul Mitchell, The Body Citizen and the Constitution'' Program. I am Shop, and Nexxus, already use alternatives to OF OKLAHOMA IN THE HOUSE OF REPRESENTATIVES proud to announce that the class from Law- animal testing for screening and developing rence Central High School in Indianapolis, IN, their products. In addition, many biotechnology Monday, April 15, 1996 will represent Indiana's Sixth Congressional firms are developing non-animal tests to deter- Mr. WATTS of Oklahoma. Mr. Speaker, District. These young scholars have worked mine the safety of various consumer products Americans understand the necessity of paying diligently to reach the national finals by win- they produce. These tests include Skintex by bills, balancing checkbooks, and living within ning local competitions in their home State. InVitro International and Testskin by their means. It is unfortunate that Americans The distinguished members of the team rep- Organogenisis, Inc., which use human skin must struggle to make ends meet, but their resenting Indiana are: Amber Anderson, Carrie equivalent to measure irritancy. InVitro has ac- Government does not understand that con- Anderson, Heather Bailey, Alicia Crichton, Na- tually developed a series of non-animal test cept. than Criswell, Finda Fallah, Jeremy Freismuth, kits which evaluate and rank irritancy and tox- The current Tax Code, with its high marginal Lourie Gilbert, Robert Gordon, Phillip Gray, icity of a wide variety of substances. rates and thousands of pages of rules, regula- Amanda Gross, Tim Halligan, Lindsey Hamil- Despite these advances, the Federal Gov- tions, and redtape, poses a formidable barrier ernment still relies on animals for toxicity test- ton, Brandon Hart, Scott King, Brent Patter- to economic growth. Tax reform must move son, Mike Petro, Megan Pratt, Jason Roberts, ing. The result is that many companies at the toward making the Tax Code more user cutting edge of non-animal technology are Anthony Roque, C. David Smith, Tony Snider, friendly and create incentives for savings and Tomeka Stansberry, Crystal Sullivan, Sarah forced to market their products overseas. If investment. the United States is to remain a world leader Thompson, Gene Wagner, Maurice Williams, America's voters sent Washington a mes- and Mike Zabst. in biotechnology, we must reexamine our Fed- sage in November 1994Ðjust as Americans I would also like to recognize their teacher, eral regulations to reflect the advances in test- balance their budgets, so should the Govern- Drew Horvath, who deserves much of the ing methods already in progress. If we fail to ment. This Congress has made fiscal respon- credit for the success of the team, The district encourage developments in this field and con- sibility the hallmark of our legislative agenda. coordinator, Langdon Healy, and the State co- tinue using outdated federal regulations, we We passed the Balanced Budget Act of 1995, ordinator, Robert Leming, also contributed a run the risk of falling behind the rest of the in- which included a tax reform package, but un- significant amount of time and effort to help dustrialized world and losing our position as a fortunately, the President vetoed it. the team reach the national finals. world leader in science. By calling on the Fed- Today, millions of Americans will pay the eral Government to reevaluate its regulations Federal Government their share of the tax cut The ``We the People . . . the Citizen and on toxicity testing to include non-animal tests that the Republican Congress promised, then the Constitution'' Program is the most exten- wherever possible, the Consumer Products passed, and that the President promised, then sive educational program in the country devel- Safe Testing Act will encourage U.S. compa- vetoed. The Congress passed this tax cut be- oped specifically to educate young people nies to develop and market non-animal testing cause we believe the people who earn the about the Constitution and the Bill of Rights. products in the United States. money should keep more of what they earn, The 3-day national competition simulates a Non-animal alternatives to toxicity tests, in so they can do more for themselves, their chil- congressional hearing in which students' oral addition to being more humane, produce bet- dren, their churches, and their communities. presentations are judged on the basis of their ter data and reduce costs over the long term. For too long, Congress denied its respon- knowledge of constitutional principles and their Scientists agree that, despite the usefulness of sibility by using tax increases to cover up its ability to apply them to historical and contem- animals for testing purposes, human cells and own lack of political will to make tough budg- porary issues. tissue produce more accurate results. As tech- etary decisions. Because Federal benefits Administered by the Center for Civic Edu- nology progresses to develop an acceptable tend to be targeted at specific groups, special cation, the ``We the People . . . '' Program, battery of tests, non-animal toxicity testing can interest groups consistently come together to now in its ninth academic year, has reach provide a more cost effective method of test- effectively lobby for more spending. Taxes, on more than 70,400 teachers, and 22,600,000 ing products. Savings can be realized from re- the other hand, are spread among many mil- students nationwide at the upper elementary, duction in animal care and storage, in addition lions of working Americans who don't hire middle, and high school levels. Members of to time saved. Washington lobbyists. Congress and their staff enhance the program Time involved in product testing remains a Limiting the ability of Congress to raise by discussing current constitutional issues with crucial factor. Many product development taxes will force Congress to set real budget students and teachers. companies spend large amounts of time and priorities. To safeguard our children and The ``We the People . . . '' Program pro- resources in the government regulatory proc- grandchildren from a return to the profligate vides an excellent opportunity for students to ess. Animal testing often takes several years ways of the past, of tax and spend, and spend gain an informed perspective on the signifi- to complete. If acceptable alternatives are de- and tax, we must enact a tax limitation cance of the U.S. Constitution and its place in veloped, this would save the producer, as well amendment that ensures congressional ac- our history and our lives. I wish these students as the regulatory agency, time and money countability for the taxpayers' money. the best of luck in the national finals and look during the lengthy and cumbersome approval My home State of Oklahoma has had a tax forward to their continued success in the years process. In asking the Federal Government to limitation on its books since 1922. It also has ahead. E542 CONGRESSIONAL RECORD — Extensions of Remarks April 16, 1996 TRIBUTE TO DR. LOREN BENSLEY the gloomy circle he stands in. His trance is teaching English in densely populated cities to OF CENTRAL MICHIGAN UNIVER- broken by the sound of crying. He looks over repairing damaged or outdated water struc- SITY at Corporal Far’s young widow, her whole tures in remote villages. The beauty of this body shaking in anguish and sorrow. He moves his attention towards a young marine program is that it is a cultural exchange. Yes, HON. DAVE CAMP in a crisp blue uniform. He watches the sol- the host countries are exposed to some of the OF MICHIGAN dier closely as he removes a shining gold technological and social advancements our IN THE HOUSE OF REPRESENTATIVES bugle from its case. The bugle boy raises the country has to offer through the important instrument to his lips and starts to play. The services of the Peace Corps volunteers; but Tuesday, April 16, 1996 haunting melody of ‘‘Taps’’ fills the little after 2 years of service, the volunteers also Mr. CAMP. Mr. Speaker, it is with great boy’s ears and goose bumps rise on his skin. bring back home with them more than they pleasure that I rise today to recognize an out- Each moving phrase of the melody is echoed could ever anticipate: a new language, a new by another bugler standing on a hill about a standing teacher, writer, and scholar as he re- quarter of a mile away. The music pene- culture, new job skills, and an enlightened tires from Central Michigan University. On May trates the silence across the lonely Arizona world view. This is a win-win program if I've 2, 1996, Dr. Loren Bensley will celebrate his desert. To the small child, the whole desert ever seen one. retirement after 33 years of service to his stu- resonates. So much so, that even the sage- Knowing that the creation of the Peace dents, the community, and the health profes- brush and the tumble weeds seem to stand at Corps was one of President Kennedy's proud- sion. attention. He senses that he is witnessing est accomplishments during his administration, Dr. Bensley is recognized as a State, na- one of the most significant of human events. I am pleased to see that my uncle's vision for tional, and international scholar in the field of There is a line of military men standing the involvement of U.S. citizens in inter- alongside the casket with burnished rifles at national development has endured. My hat's health education, with 60 publications and their sides. In unison they raise their guns more than 100 presentations to his credit. As into the air and fire 3 shots as the final note off to all current and former Peace Corps vol- president of the American School Health As- of ‘‘Taps’’ floats solemnly over the crowd unteers, and I sincerely hope that their ideal- sociation, he received 32 awards from various and lingers for a few moments. The feeling in ism and service to both our country and our professional organizations for his leadership the air is almost tangible. Even the little international neighbors continues to be passed and contributions. Under his leadership, the boy of five recognizes the importance of on from generation to generation. Eta Chapter of Eta Sigma Gamma, the Na- what he is observing. He is not a spectator, f tional Health Science Honorary, won the Na- but a participant in the event taking place. His attention returns to the flag in the cen- SIDE WITH DOCTORS AND SCI- tional Chapter of the Year award 10 times. ter. ‘‘What does one do to deserve such Such outstanding accomplishments are a tes- ENTISTS, NOT THE DOPE PUSH- honor?’’ he thinks. ERS tament to his academic brilliance and excep- If America could speak she would say, ‘‘I tional leadership capability. need men and women who would give their Mr. Speaker, Dr. Loren Bensley's love for very lives to protect me and preserve the HON. GERALD B.H. SOLOMON and dedication to education is clear. He has freedom and justice I stand for. Patriotism OF NEW YORK consistently gone beyond what was expected in this country, so vital for a nation’s sur- IN THE HOUSE OF REPRESENTATIVES or required to achieve excellence not only in vival, has been increasingly replaced by cyn- icism and mistrust of government. I need Tuesday, April 16, 1996 teaching, but writing and leadership. His rep- men and women who embody the same spirit utation as a kind, inspiring, and hard-working Mr. SOLOMON. Mr. Speaker, the pro-drug that possessed George Washington, Paul Re- crowd is at it again, Mr. Speaker. They never scholar will serve as an example to all who vere, Abraham Lincoln, Frederick Douglas, know him for many years to come. I know you Susan B. Anthony, Harriet Tubman, Theo- tire of their sneaky attempts at legalizing will join me in recognizing his achievements dore Roosevelt, Sergeant York, General Mac- drugs. Their latest endeavor is in, no surprise and wishing him a satisfying retirement. Arthur, and even Corporal Far.’’ hereÐCaliforniaÐwhere a fringe group called f America’s call is a call to uphold her com- Californians for Compassionate Use is lobby- mitment to peace, freedom, liberty, and jus- ing the California Legislature to pass two bills ‘‘ANSWERING AMERICA’S CALL’’ tice for all. In an age where discontent and which would legalize marijuana use for medici- HAWAII’S WINNING ESSAY IN excessive individuality seek to undermine nal purposes. Because marijuana has no me- VOICE OF DEMOCRACY CONTEST and trivialize patriotic actions, America dicinal value, it is fairly obvious that this is calls out to each man, woman, and child to remember the sacrifice of thousands, even nothing but a backdoor attempt to legitimize HON. PATSY T. MINK millions, like Corporal Far. They believe in the use of marijuana for all purposes. And that OF HAWAII America’s future and they proved it with is not just my opinion. Mr. Speaker, the FDA has repeatedly re- IN THE HOUSE OF REPRESENTATIVES their very lines. May each one of us of the rising generation know and feel, as did the jected marijuana for medical use because it April 16, 1996 five year-old Arizona boy, the honor of de- adversely impacts concentration and memory, Mrs. MINK of Hawaii. Mr. Speaker, I submit voted service to our country. Though we the lungs, motor coordination and the immune the winning essay in the Hawaii State Veter- may not die for our country, let us live for it system. A recent evaluation of the issue by by seeking for ways to uphold and strength- ans of Foreign Wars Voice of Democracy en its righteous institutions while con- scientists at NIH concluded, ``after carefully Competition. The author, Emily Shumway, re- stantly focusing on improvement. Each one examining the existing preclinical and human sides in my district. She attends Kahuku High of us must thus answer America’s call. data, there is no evidence to suggest that School and serves as the senior class presi- f smoked marijuana might be superior to cur- dent. In her script, Ms. Shumway explores the rently available therapies for glaucoma, weight theme ``Answering America's Call.'' Her entry IN SUPPORT OF 35TH ANNIVER- loss associated with AIDS, and nausea and gained national recognition from the Veterans SARY OF THE PEACE CORPS vomiting associated with cancer chemo- of Foreign Wars, and she was recently award- therapy.'' ed the Mr. and Mrs. James H. Black Scholar- HON. JOSEPH P. KENNEDY II Marijuana weakens the human immune sys- ship. OF MASSACHUSETTS tem. That is why oncologists reject the idea of I join with her parents, Mr. and Mrs. Eric IN THE HOUSE OF REPRESENTATIVES prescribing smoked marijuana for cancer Brandon and Carolyn Merrill Shumway of Laie, chemotherapy. Experts also oppose the use of Tuesday, April 16, 1996 HI, to congratulate Emily Shumway for her marijuana to treat glaucoma. As for AIDS pa- outstanding performance in the 1996 Voice of Mr. KENNEDY of Massachusetts. Mr. tients, it does not facilitate weight gain, further Democracy Program. The VFW Post 3927 of Speaker, I rise today to offer my congratula- weakens the immune system, and puts them Waimanalo, HI, sponsored her in this year's tions to the Peace Corps on the celebration of at significant risk for infections and respiratory contest. Her essay is as follows: its 35th anniversary and to thank all of the problems. ANSWERING AMERICA’S CALL many volunteers who have given so much of For these reasons the American Cancer So- (By Emily Shumway) themselves over the past three and a half dec- ciety, the American Glaucoma Society and the A young boy clings to his mother’s black ades to ensure the success of the Peace American Medical Society all oppose using dress, his eyes fixed on the bright flag draped Corps mission abroad. marijuana for medicinal purposes. over a coffin. The rays from the blazing Ari- The Peace Corps currently has over 6,000 Unfortunately, this seriously misguided effort zona sun sparkle and dance on the shining American volunteers operating in 94 countries, is not limited to some hippies out in California. flag, causing it to glitter. The flag lights up providing skills and services that range from It has reached the Congress of the United April 16, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E543

States. Representative BARNEY FRANK has in- highjacking. Highjackers flew aircraft to Cuba is being promoted all across our Nation and troduced legislationÐH.R. 2618Ðthat would for refuge and in several instances, pas- throughout the world. federalize the right to use marijuana for medi- sengers or crew were killed. Negotiations with These organizations deserve our com- cal purposes. This is dangerous legislationÐ Cuba and other countries denied these crimi- mendation for their concern for children's well- and I can assure you, Mr. Speaker, that I will nals a safe haven. Passengers and luggage being, community service, private initiative, stop H.R. 2618 dead in its tracks should it re- were screened for weapons. With air mar- and international promotion. Their work in pro- ceive significant supportÐsomething I do not shalls assigned by the FAA, the number of viding positive activities for teenagers de- anticipate happening. highjackings decreased dramatically by 1972. serves the recognition and support of this I urge my colleagues to focus on what this However, some of the safety arrangements House. issue is all about: The organizations lobbying still exist. During his tenure air safety reached I urge my colleagues to support this impor- for H.R. 2618 are intentionally exploiting the a new high. In 1970, only two deaths occurred tant bill. pain and suffering of others as part of their on U.S. air carriers. f backdoor attempt to legalize marijuana. The most difficult task for the Administrator f was to instill confidence in the Agencies air PERSONAL EXPLANATION traffic controllers. Following a sick-out by con- TRIBUTE TO JACK SHAFFER trollers on duty, with as many as 50% of a sin- HON. TODD TIAHRT gle shift calling in sick, delays and flight can- OF KANSAS HON. BUD SHUSTER cellations became burdensome to the flying IN THE HOUSE OF REPRESENTATIVES OF PENNSYLVANIA public. Finally, in 1972, it took court action to Tuesday, April 16, 1996 IN THE HOUSE OF REPRESENTATIVES curtail their union activities. The Air Traffic Tuesday, April 16, 1996 Controller Career Act, spearheaded by Jack Mr. TIAHRT. Mr. Speaker, earlier today I Mr. SHUSTER. Mr. Speaker, I rise today to Shaffer, provided early retirement and retrain- was unavoidably detained. Had I been pay tribute to Mr. Jack Shaffer. No words ing for its group, some 20,000 employees. present, I would have voted in the affirmative could better describe the character of Jack As a result of these many advancements in on rollcall vote No. 119 (H.R. 2337) and roll- Shaffer than were expressed in Time maga- the aviation system, Jack Shaffer, in 1972 was call vote No. 120 (H. Res. 316). I would re- zine on the naming of his new cabinet officers awarded the Wright Brothers' Trophy for out- quest that my statement be placed in the ap- by President Nixon in 1968, ``cool competence standing service in advancing aviation. He propriate location in today's CONGRESSIONAL rather than passion or brilliance.'' was the first FAA Administrator to be so hon- RECORD. Many of our Nations' leaders are born in ored. f small rural towns. Everett, PA on Feb. 25, One of Jack Shaffers' friends is the legend- PROVIDING FOR CONSIDERATION 1919, was Jack's birthplace. He grew up much ary golfer, Arnold Palmer, also raised in a OF HOUSE JOINT RESOLUTION the same as any small town boy would. Ap- small Western Pennsylvania town. In many re- 159, CONSTITUTIONAL AMEND- pointed to West Point in 1941, where he gards, the two are a lot alike, sharing the MENT RELATING TO TAXES played football, he was a member of the first same qualities; tenacity, desire, passion for class to receive airmen's wings upon gradua- what they do and love of the game of golf. SPEECH OF tion. From there he went to transition flight Both have reached the pinnacle of their pro- school, thence to England where he flew forty- fession, are pilots, and remember their herit- HON. JERRY WELLER six combat missions over Europe in a B±26. age. OF ILLINOIS Staying in the Air Force, he became a After leaving the FAA, Jack continued his IN THE HOUSE OF REPRESENTATIVES project officer in Ohio directing the engineering career in the private sector acting as a con- Monday, April 15, 1996 development of the B±47 and B±50 programs. sultant to Beech Aircraft Corp. and advancing He then resigned his commission and joined the use of Liquid Natural Gas as a preserver Mr. WELLER. Mr. Speaker, I come back to the Mercury division of the Ford Motor Co., of the environment. He is a role model for po- Washington today after an important district moving to Washington as corporate vice presi- litical appointees who move from the private work period. I say important because with tax dent for customer requirements of TRW Inc. sector to government when duty calls. day approaching, and now finally here, I heard With the return of the Republican Party to Jack has been married to Joan for over fifty time and time again from constituents who are the Presidency in 1968, President Nixon se- years and they have raised three fine children. overtaxed. As a result, they find it very difficult lected him to become Administrator of the He is currently in a nursing home in Frederick, to save for retirement, for a down payment on Federal Aviation Administration and he was MD, and is sorely missed by those who know a home, and for a college education for their easily confirmed by the Senate. him and have benefited by his influence on children Having volunteered his time to the Agency their lives. The American people aren't dumb. They before confirmation, he recognized the need f know all to well that the largest obstacle to for a massive increase in the civil aviation in- their personal prosperity is an out-of-touch frastructure. He saw, as his first priority, the IN SUPPORT OF ROTARIANS Government that spends without restraint and need to modernize and update the Nation's air AGAINST SUBSTANCE ABUSE looks to the taxpayers to bail it out after the traffic control and airport systems. He also FOUNDATION fact. recognized that the surrounding environment Some in this Chamber may have forgotten needed protection. Although he was at odds HON. GEORGE MILLER that President Clinton's 1993 tax hike was with others in the administration, he stuck to OF CALIFORNIA passed out of this body by a single vote. I am his principles and succeed in passing, through IN THE HOUSE OF REPRESENTATIVES here to tell you that the people of the 11th dis- a Democratic Congress, the Airport and Air- trict haven't forgotten that vote that enacted Tuesday, April 16, 1996 way Development Acts of 1970. The Legisla- the greatest tax increase in the history of our tion set aside a trust fund for airport construc- Mr. MILLER of California. Mr. Speaker, I am Nation, no, the history of civilization. My con- tion which is still a vital element in providing pleased to introduce today a House concur- stituents, who have been squeezed by this ad- for the ever-increasing use of air transpor- rent resolution to recognize the work of the ditional tax, know all to well what $1,100 in tation, not only in the United States but Rotarians Against Substance Abuse Founda- additional taxes has meant for them. This was throughout the world. tion, the First Presbyterian Church of Concord, the single largest contributing factor to the In order to protect the flying public, although CA, and the Alcohol and Drug Abuse Council doubling of the American tax burden from faced with strong opposition, he also estab- of Contra Costa County, CA. $2,300 in 1980 to $4,800 in 1995. According lished regulations to limit the number of flights These organizations came together in 1983 to the Census Bureau, household incomes per hour into five of the Nation's air traffic to promote the idea of engaging teenagers in were actually lower in 1994 than they were hubs. JFKennedy, Washington National, positive activities and having fun without using when Bill Clinton took office in 1992 and there LaGuardia, O'Hare, and Chicago Midway. Al- alcohol and drugs. Through programs such as is no evidence to suggest that they have risen though designed as a temporary fix, the re- Friday Night Live, Club Live, and Rotary Life since then because economic growth has strictions still remain in place today. Growth Club #1, teenagers participate in on-campus been so slow. continues to outpace capacity. peer counseling, community services, Kidfest, That is why I am proud to come to the well Another issue with heavy international con- and other fun and worthwhile activities. Today, today as a cosponsor of this historic legislation notations was the increase in aircraft with the success of these programs, this idea to bring some accountability to the Halls of E544 CONGRESSIONAL RECORD — Extensions of Remarks April 16, 1996 Congress. The American people support mak- TWIN CITIES COMMUNITY HONORS [From the St. Paul Pioneer Press, Apr. 9, ing it more difficult for Congress to raise taxes. INFLUENTIAL RESIDENT 1996] They ought to * * * Currently, one third of all PASTOR HONORED FOR COMMUNITY MINISTRY Americans live in a State with a tax limitation HON. BRUCE F. VENTO (By Pat Burson) in the Constitution. These citizens know first The Rev. James W. Battle Sr. has preached OF MINNESOTA hand what a tax limitation amendment can do. peace to gang members, repentance to sin- IN THE HOUSE OF REPRESENTATIVES ners and colorblind community service to In States with a tax limitation taxes grow at Tuesday, April 16, 1996 the clergy. a slower rate. This slower rate means that citi- Battle, known as much for his social activ- zens in those States have a fighting chance to Mr. VENTO. Mr. Speaker, I rise today to ac- ism as his pastorship of Mount Olivet Bap- get ahead and to save. Economies and em- knowledge the work of Rev. James w. Battle tist Church in St. Paul, has opened the ployment also grow at faster rates in States and to thank him for his outstanding dedica- church’s doors to the community for meet- that have tax limitations. tion to the St. Paul/Minneapolis communities ings. In 1993, he helped organize a summit in Minnesota. meeting of gang leaders from around the na- Mr. Speaker, every year tax freedom day tion to sit down and talk. He helped start an gets later and later. Currently, Americans need Reverend Battle is the pastor of the Mount organization to unite local congregations to to work until May to pay off their yearly tax Olivet Baptist Church in St. Paul. His activities work collectively to solve problems in their burden. Today, we have an opportunity to end in the community, however, go far beyond his communities. this insanity. I urge my colleagues to bring ac- duties as pastor. Recently, the Luther Semi- Luther Seminary will award Battle, pastor nary recognized him for some of those activi- of Mount Olivet, its annual Race, Church and countability to Congress and freedom to the Change Award today. American taxpayer by passing this important ties by giving him the Seminary's Race, Church and Change Award. This award was In giving him the award, Luther Seminary tax limitation amendment to the Constitution. honors one of its own: Battle received a mas- given to Reverend Battle to honor him for his ter’s of divinity degree from the school in f outstanding and tireless efforts to improve 1977. ‘‘It really surprised me,’’ Battle said. cross-cultural relations within the community. ‘‘It let’s me know you can make a difference PROVIDING FOR CONSIDERATION Along with organizations such as the Urban in this world.’’ OF HOUSE JOINT RESOLUTION League, Chamber of Commerce, Council on According to Rod Maeker, Luther Seminary’s director of cross cultural-edu- 159, CONSTITUTIONAL AMEND- Black Minnesotans, Rainbow Coalition and others, Reverend Battle has taken the lead in cation, the award is given to unsung heroes MENT RELATING TO TAXES for faithfulness to a ministry of reconcili- the efforts to address many of our commu- ation. nity's most daunting problems. He helped or- ‘‘The seminary views the Rev. Battle’s ex- SPEECH OF ganize a meeting of gang leaders from cities emplary ministry as a wonderful role model across the Nation, brought together to talk for seminary students, parish pastors and HON. THOMAS W. EWING about problems associated with gang activity community leaders who are committed to serving their community,’’ Maeker said. OF ILLINOIS and how they could help forge peace between gangs in their communities. On the local level, ‘‘He’s a classic.’’ IN THE HOUSE OF REPRESENTATIVES he has helped unite several Twin Cities con- Battle has also worked to improve commu- nication and relations between residents, Monday, April 15, 1996 gregations, forming the St. Paul Ecumenical merchants and organizations in the Alliance of Churches. This amazingly effective Frogtown neighborhood. And he is co-found- Mr. EWING. Mr. Speaker, taxes in America alliance is helping these 16 congregations co- er and co-chairman of the St. Paul Ecumeni- are too high on working men and women and ordinate their efforts to address community cal Alliance of Congregations, an inter- their families. Today the average American problems. denominational, multiracial, grass-roots or- family pays 38 percent of their income in taxes During the years he spent giving his time ganization started in 1990 that brings to- to local, State, and the Federal Government. and efforts to our community, Reverend Battle gether about 16 local congregations to ad- dress housing, education, crime and employ- That means a family with an income of has participated in many efforts to improve the ment issues within neighborhoods. $25,000 a year only takes home $15,500 to lives of our most precious and vulnerable citi- Local ministers applaud Battle’s insistence spend on their families. zens, our children. They are the future of the that churches get more involved in improv- These high taxes not only take money away Twin Cities, and the nation. By opening doors ing social, economic and living conditions from families, they also hurt our Nation's econ- of opportunity for young Minnesotans in the within the communities they serve. Twin Cities, Reverend Battle has helped en- ‘‘He’s been consistent in saying that omy and slow its growth which means fewer churches need to be more responsive to those jobs for Americans. The Joint Economic Com- sure a strong future for our community. The mentoring and guidance he has provided to so who have been left out—the underserved— mittee released a study that shows of the whatever race,’’ said the Rev. James States that have raised income taxes these many youth will not only increase those chil- Erlandson, pastor of Lutheran Church of the States lost nearly 200,000 jobs and unemploy- dren's chances to achieve success, it will also Redeemer who also is involved with the St. ment rose by 2.3 percent. Conversely, in ensure that the next generation of Twin Cities Paul Ecumenical Alliance of Congregations. States that cut income taxes nearly one million adults feels the same commitment to their ‘‘Primarily, churches serve the middle community and respect for their neighbors that class,’’ Erlandson said, ‘‘If we’re going to be new jobs were created and unemployment consistent with Jesus’ message and the rose by only .3 percent. Reverend Battle holds in such high regard. These lessons are some of the most valuable prophets’ message, we need to serve the poor Over the past 30 years there have been 16 ones a child will learn in his or her lifetime, and those who have been left out of the eco- nomic process, so we can be a voice for those major votes to increase Federal taxes on and Reverend Battle has served as an excep- Americans. Had a super-majority requirement folks. He’s been reminding us of that.’’ tional teacher of these lessons. Battle also is known as an advocate for been in place only 8 would have become law. There is still much work left to be done to families, children and education. He recently In the 1980's alone, had the tax limitation address and fill the needs of some Twin Cities was involved with the Twin Cities African amendment been in place taxpayers would residents. However, Reverend Battle's efforts American Parent Involvement Committee, a have saved $666 billion. The past 30 years serve as a strong foundation as he and the local group that organized the African Amer- shows that the Federal Government can not rest of our community continue this struggle. I ican Parent Involvement Day on Feb. 12. The control its addiction to taxation. effort was part of a national push to encour- join the entire Twin Cities community in thank- age more black parents to take an active The 104th Congress is conscious of the ing him for his hard work on behalf of the role in their children’s education. high tax burden on Americans, just as past community and its residents, and I look to Phillip Penn, human resources director for Congresses have not been afraid to raise walk through Samaria and face the problems the St. Paul Public Schools, said Battle was taxes. I therefore support this constitutional and meet the challenges of the community an enthusiastic member of that organizing amendment because raising taxes is too with a strong leader, Rev. James W. Battle. committee, attending all the meetings, and harmful to our economy, employment, and Mr. Speaker, I would like to enter the follow- even opening his church for gatherings some Saturday mornings. Battle also was key in takes money away from American families. ing article into the RECORD. It was printed in alerting other ministers about the project This amendment should be considered as a the St. Paul Pioneer Press on April 9, 1996. and urging them to spread the word to mem- comparison to the balanced budget amend- It is a wonderful summary of the good work bers of their congregations, Penn said. ment and both amendments should be sent to Reverend Battle has accomplished in the Twin ‘‘He was just extremely supportive in every the States for ratification. Cities. way.’’ April 16, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E545 THE PASSING OF RABBI ARTHUR vision for this NationÐ``a vision of brother- apprehend the suspects in his assault and J. LELYVELD hood, justice and peace.'' would continue to harass civil rights work- On April 17, 1996, services for Rabbi ers. Lelyveld will be held at Fairmount Temple in He issued a statement to his supporters in HON. LOUIS STOKES Mississippi. ‘‘There is only one way to stay OF OHIO Beachwood, OH. It is my hope that his loving here and not be corrupted, only one way to IN THE HOUSE OF REPRESENTATIVES and devoted wife, Teela; his children, Robin, stay and be faithful to Israel’s convenants: Joseph, David, and Michael; and other mem- Tuesday, April 16, 1996 That is to stay and stand up for decency and bers of the family, will take comfort in knowing freedom, with all the risks involved. If you Mr. STOKES. Mr. Speaker, I am saddened that others share their sorrow. Rabbi Lelyveld cannot do that—and it is understandable if to announce the passing of Rabbi Arthur J. will be remembered for his service to human- you can’t—then for the sake of your souls, Lelyveld on April 15, 1996. Rabbi Lelyveld ity. In tribute to Rabbi Lelyveld, let us work to- leave Mississippi.’’ held the post of Senior Rabbi Emeritus of gether with renewed vigor to make his vision A month later, the men who beat Lelyveld Anshe Chesed congregation (Fairmount Tem- for our society a reality. received suspended sentences ‘‘on condition of good behavior’’ and were fined $500 each. ple), having served as Senior Rabbi for 28 I want to share with my colleagues an arti- Although he was an anti-Zionist early in years. With his passing, we mourn the loss of cle regarding Rabbi Lelyveld which appeared his rabbinical career, Lelyveld later said a close friend and a nationally recognized civil in the Plain Dealer newspaper. that he had ‘‘become convinced of the right- rights and religious leader. I rise to share with RABBI ARTHUR J. LELYVELD, CIVIL RIGHTS eousness of the cause.’’ my colleagues some important information re- FIGURE, DIES AT 83 He worked for the establishment of Israel garding Rabbi Lelyveld and his contributions (By Zina Vishnevsky) as a Jewish state when many American Re- to the Nation. CLEVELAND—Rabbi Arthur J. Lelyveld, na- form Jews were not always strongly inclined Throughout his life, Rabbi Lelyveld was a tionally known as a fighter for civil rights to support Zionism or a modern state of Is- strong and effective leader in the Jewish com- and the state of Israel, died yesterday of rael. He met with President Harry S. Tru- man at the White House in 1946 to encourage munity. He was the founder and first president complications from a brain tumor at Montefiore Home in Beachwood. He was 83. U.S. support for a Jewish state, at a time of the Jewish Peace Fellowship. In addition, the Cleveland resident was the spiritual when the State Department seemed hostile Rabbi Lelyveld was the past national president leader of Fairmount Temple in Beachwood, to the idea. of the American Jewish Congress and the one of the country’s three largest Reform In 1970, during the election to his third American Jewish League for Israel. He served congregations. term as national president of the American as national director of the B'nai B'rith Hillel He gained notoriety for his involvement in Jewish Congress, he spoke out against an at- Foundations, and executive vice chairman of the formation of Israel, the civil rights tack by Jewish extremists on Arab dip- the American-Israel Cultural Foundation. movement and in the struggle against apart- lomats in New York in retaliation for a During his lifetime, Rabbi Arthur Lelyveld heid in South Africa. school bus attack in Israel. He was rabbi of Fairmount Temple from ‘‘We cannot allow the horrifying acts of was equally committed to the struggle for civil 1958 until retiring in 1986. After becoming Middle East terrorists to push us into com- rights and social justice. At the height of the senior rabbi emeritus at Fairmount, he mitting or condoning irrational attempts to civil rights movement, Rabbi Lelyveld traveled served as a lecturer in Jewish thought at take violent reprisals against Arab rep- with other clergy to Mississippi where they John Carroll University, a Jesuit institu- resentatives in our country,’’ he said. served as counselors to the Commission on tion. Born in Manhattan, Lelyveld attended pub- Race and Religion. Although he was severely Rabbi David J. Gelfand, now the leader at lic schools in New York City and graduated beaten, Rabbi Lelyveld was unwavering in his Fairmount Temple, said Lelyveld used strict from George Washington High School in Judaic teachings to bring his civil rights belief that the battle for equality could be won. Manhattan when he was 15 years old. message to synagogues. He attended Columbia College and was the He was a man of courage who shared a close ‘‘He spoke fearlessly as one of the great ad- first Jewish editor-in-chief of its newspaper, friendship with Dr. Martin Luther King, Jr., and vocates of civil rights by making the mes- the Columbia Daily Spectator. He was the others involved in the struggle. sage of the prophets come alive through his student leader of the Glee Club, led a band The Greater Cleveland community also ben- words and deeds,’’ he said. ‘‘He emphasized called the Columbia Ramblers and partici- efited immensely as a result of Rabbi from our own Jewish particularity the eter- pated in soccer and wrestling. He graduated Lelyveld's strong dedication. He was a gifted nal importance of universality, the notion Phi Beta Kappa in 1933. that all human beings are interrelated. He earned his master’s degree in Jewish orator and a well-known author who was able ‘‘He was fond of saying we were all made in to draw upon his life experiences as a lesson theology and was ordained a rabbi at Hebrew the image of God.’’ Union College in Cincinnati. He then taught for others. Rabbi Lelyveld served as the Ber- Lelyveld served on the board of the Cleve- on a fellowship from Hebrew Union College land chapter of the NAACP in the 1960s and nard Rich Hollander lecturer in Jewish thought for two years while his rabbinae was at Con- played a major role in the civil rights at John Carroll University, and senior teaching gregation B’nai Israel in Hamilton, Ohio. progress of Cleveland. fellow at the Cleveland College of Jewish He became a founder and first president of Studies. He also served as adjunct professor ‘‘He was the conscience of the community on many critical issues,’’ said Carole Hoover, the Jewish Peace Fellowship, where he of religion at Case Western Reserve Univer- president of the Greater Cleveland Growth worked from 1941 until 1944. sity. Association. ‘‘His strength was in his ability Lelyveld served as executive director of The passing of Rabbi Arthur J. Lelyveld to pull us all together.’’ the Zionist Organization of America’s Com- brings to a close a life of service which tran- He was one of the nation’s first rabbis to mittee on Unity for Palestine from 1946 to scended religious and racial boundaries. He join the Rev. Dr. Martin Luther King Jr.’s 1948. He was national director of the B’nai campaign for civil rights. He participated in B’rith Hillel Foundation from 1947 to 1956. was a brilliant man who devoted his enormous From 1956 until he came to Cleveland in 1958, intellect and energies to addressing and work- key marches, including Selma to Mongomery, Ala., and provided financial he was executive vice president of the Amer- ing to solve the inequities and ills in our soci- support to the Southern Christian Leader- ican-Israel Cultural Foundation. ety. He fiercely fought discrimination and rac- ship Conference. He served as national president of the ism wherever he encountered it. I came to In 1964, as part of the Cleveland clergy American Jewish Congress for three consecu- know Rabbi Lelyveld through our serving on team, Lelyveld served as a counselor for the tive terms from 1966 until 1972 and had the board of directors together in the Cleve- Council of Federated Organizations under served at various times as president of the land Chapter, NAACP, and his involvement in the National Council of Churches Commis- Synagogue Council of America and the Central Conference of American Rabbis, an the Civil Rights Movement in Cleveland. He sion on Race and Religion. He was beaten with tire irons by seg- association of Reform rabbis in the United was a man of peace but a warrior for righting regationists while helping to register black States and Canada. the wrongs in our society. voters in Hattiesburg, Miss. Lelyveld and his wife, Teela, made 28 visits In later years, one of my fondest memories ‘‘He was a giant—both as a rabbi and as a to Israel. was that I had the honor of presenting Rabbi civil rights leader. He used his brilliant and As president of the Synagogue Council of Lelyveld when he served as guest chaplain for keen mind to make people think deeper America, Lelyveld served as a representative the House of Representatives. In his opening about social issues,’’ said Rep. Louis Stokes, to the Vatican to improve Catholic-Jewish prayer delivered in this Chamber in 1993, a Cleveland Democrat, who served on the relations. Lelyveld taught two religion courses at Rabbi Lelyveld challenged us to conquer the NAACP board with Lelyveld in the 1960s. Stokes; his brother, former Mayor Carl B. John Carroll University through the Jewish problems facing our Nation, such as home- Stokes; and Lelyveld became lifelong Chautauqua Society as the Bernard Rich lessness, hunger, and crime. He challenged friends. Hollander lecturer, beginning in 1980. In 1989, us to set the standard for other nations to fol- After the beating in Hattiesburg, Lelyveld he filled the Walter and Mary Tuohy Chair of low. In his prayer, Rabbi Lelyveld shared his said that he worried that police would not Interreligious Studies at John Carroll. E546 CONGRESSIONAL RECORD — Extensions of Remarks April 16, 1996 In 1985, he spent a five-month sabbatical in attend the American University here in Wash- Our focus must simply change. We as South Africa as the guest of the United Pro- ington, DC, and pursue a career in inter- Americans must go forth into our own na- gressive Jewish Congregation of Johannes- national service. He also enjoys music and tion and wage war on poverty. Not only with burg. monetary support but also with real commu- His son, Joseph S., was a long-time New plays the guitar and trombone. nity involvement: building houses for the York Times correspondent who covered In the eloquent script Jonathan wrote for poor, working in soup kitchens, teaching South Africa during the 1960s and again in this contest, appropriately titled ``Answering evening classes at homeless shelters. We as the 1980s and is now executive editor of the America's Call,'' he sends a message all of us Americans must fight for those kids who for Times. Lelyveld had once considered a career here in Congress need to hear: We must work whatever reason, be it lack of parental su- in journalism himself when he was in col- together as a community to overcome the pervision, poor public school systems or lege. problems of homelessness, poverty, and illit- overall living environment cannot meet the In the late 1980s, after he retired from an eracy. He urges us all to become involved and basic reading and writing standards to be active role at Fairmount Temple, Lelyveld employed. These are the battles which face spent several months in Oxford, England, as volunteer our time and talents to help those our nation today. a scholar-in-residence at Oxford University. less fortunate than ourselves. When Thomas Jefferson remarked in an ad- He returned again over the years and was in- In an effort to ensure his message is read dress to congress that, ‘‘Free men without vited back last summer. across the country and to honor Jonathan's Education are not free for long,’’ he spoke He was also an author, One of his books, accomplishment, Mr. Speaker I ask that his the truth. The lack of education and the pov- ‘‘The Steadfast Stream: An Introduction to script be included in today's RECORD. Thank erty and degradation that it breeds must be Jewish Social Values,’’ was published in Sep- you. met head-on and destroyed. I envision an tember. America full of volunteers, a virtual nation ANSWERING AMERICA’S CALL As past president of the Central Conference of volunteers, an army of civilians fighting a of American Rabbis, he wrote a book re- (By Jonathan Bayat) battle which we as a country have lost in the sponding to contemporary radical theology ‘‘Now we must all hang together, or most past, an army which would put an end to suf- entitled ‘‘Atheism is Dead,’’ First published assuredly we shall all hang separately.’’ fering for thousands of men, women and chil- in 1968 by World Publishing Co., it was re- When Benjamin Franklin spoke those words dren, and truly make this country the rich- issued in paperback in 1970 and again in pa- to a small group of farmers, smiths, and arti- est, strongest, and proudest the world has perback in 1985. sans assembled some 219 years ago in Phila- ever seen. He was mentioned or written about in at delphia, they were as true then as they are It is time for us, the citizens of the United least four books in 1993, including ‘‘A History today. He told that group of men that if they States, to stand up, and through unity and of Jews in America,’’ by Howard Schar, and were going to do what they had set out to do, cooperation fight and win the battle against ‘‘Truman,’’ a biography by David to tell the King of England that they had had poverty. In the immortal words of Benjamin McCullough. enough of his tyranny, then they must all Franklin, ‘‘United we stand, divided we fall.’’ In 1988, while on leave from John Carroll, stick together. Through thick and thin, f Lelyveld served as a chaplain and lecturer on through good times and bad times, they had a 100-day Grand Circle Pacific Cruise aboard to work together or they would all be killed. THOMAS R. BROME ENDOWMENT the Royal Viking Sea. Their ideals, philosophies and culture would FUND He was awarded the 1992 Martin Luther all be lost. Their unity made it capable for King Jr. Award for Social Justice by the Af- this great nation to rise from the loosely as- HON. MARGE ROUKEMA sociated and disorganized thirteen colonies rican American Archives Auxiliary of the OF NEW JERSEY Western Reserve Historical Society. which preceded her. Lelyveld served as senior rabbi at Temple The ability for Americans to come to- IN THE HOUSE OF REPRESENTATIVES Emanu El in Honolulu, Hawaii, from Sep- gether regardless of race, color, or creed and Tuesday, April 16, 1996 tember 1994 until June. work in unity for the most basic of American Mrs. ROUKEMA. Mr. Speaker, I rise to con- He was a member of the Advisory Board of ideals has always made this nation great. the Pastoral Psychology Institute of Case From the thousands of Union troops who gratulate Thomas R. Brome on the formation Western Reserve University’s College of fought to preserve the nation during the of the Thomas R. Brome Endowment Fund by Medicine. Civil War to the thousands of men who left his friends and colleagues at the Ridgewood, Survivors include his wife of 31 years, their homes in 1942 to fight for a land and a NJ, Public Education Foundation. The fund, Teela, and daughter, Robin of Bethesda, Md. people most of them had never even seen, all with an initial endowment of $25,000, is being He is also survived by three sons from his of them rose to the occasion and to the call formed to honor Tom for his many contribu- first marriage to Toby Bookholtz: Joseph S. from their homeland, America. But the call tions to the community. The fund will be used and David S., both of New York, and Michael extended beyond military service it went out exclusively to support programs in education S. of Arlington, Mass.; and five grand- to every man and every woman regardless of in Tom's name. children. age. Services will be at 3 p.m. tomorrow at When our American troops landed at Nor- Tom's contributions have been enormous. Fairmount Temple, 23737 Fairmount Blvd., mandy they did not land alone, but rather He is a gentleman, scholar, corporate giant, Beachwood. Arrangements are by Berkowitz- were backed by the support of millions of community leader, philanthropist and an ex- Kumin-Bookatz Memorial Chapel in Cleve- Americans. Millions of Americans who did traordinary friend. Even beyond his myriad ac- land Heights. everything from designing the landing craft complishments, his exemplary character es- Contributions may be sent to the Arthur J. which our troops used in their amphibious tablishes him as a role model for future lead- Lelyveld Memorial Foundation, c/o Fair- assault, to the fastening of bolts on the ers in America. He has three passions: his mount Temple, 23737 Fairmount Blvd., armor plating of tanks which our soldiers familyÐwife Mimi and their three children, Beachwood 44122; or to the Religion Depart- used to break the back of the Nazi war ma- Clint, Bethan, and Heather; his love of the law, ment of John Carroll University, 20700 N. chine. When Alan Sheppard became the first Park Blvd., University Heights 44118; or to American to enter space he did not accom- and his commitment to volunteerism. the Montefiore Nursing Home Hospice, David plish this task alone but rather he rode on a In both the public and private sector, Tom Myers Pkwy., Beachwood 44122. rocket that countless Americans played a embodies the highest ethical and moral stand- f role in developing. Every person had a func- ards, affirms the dignity of every individual and tion and it was the compilation of these ca- creates compromise and consensus in envi- STUDENT WINS FIRST PLACE IN pacities that made this monumental feat ronments often rife with discord. As a concilia- VFW SCHOLARSHIP CONTEST possible. tor, Tom is the embodiment of ``win-win'' nego- But what now is America’s call? Is it to tiations. His intellect allows him to do that, but again go overseas to defend freedom world- HON. FRANK MASCARA wide or has the call, now, in recent years, it is his personal warmth, genuine willingness OF PENNSYLVANIA sounded closer to home? Has the proverbial to listen and his ability to find a resolution IN THE HOUSE OF REPRESENTATIVES battle for the ‘‘American Way’’ moved from greater than the sum of the parts that really foreign shores to our own sacred soil? speak to his special abilities. Tuesday, April 16, 1996 The battle being fought now is on the Tom has led a life filled with distinctions. Mr. MASCARA. Mr. Speaker, I am pleased streets of inner-city America and in the The 1960 graduate of Ridgewood High School to report to my colleagues that Jonathan classrooms of every public school rather graduated magna cum laude from Harvard Bayat, a senior from Upper St. Clair High than at the 38th parallel or the DMZ. The University in 1964. At New York University battle is now fought with books, knowledge, School in my district, has won first place in clothing, and shelter. America now faces the Law School, he was a Root-Tilden Scholar. this year's Pennsylvania VFW Voice of De- enemies of homelessness, poverty, and illit- After graduation, he clerked for Warren Burger mocracy broadcast script writing contest. eracy. But these enemies are neither too at the U.S. Court of Appeals in Washington An outstanding student who has earned great nor too powerful for the transcendent before the jurist was elevated to the U.S. Su- three letters in swimming, Jonathan plans to American war machine. preme Court. Tom joined the firm of Cravath, April 16, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E547 Swaine & Moore in 1968, was elected partner America's call and undertake individual acts to thing. No, You or I alone can’t change a in 1975 and is presently head of the Corporate improve the world around us. I would like to whole country, but when people in our com- Law Department. share Michael's speech with you. munity see what we are doing, it will inspire them to do the same, and will create a chain Despite a challenging career and a rigorous ANSWERING AMERICA’S CALL from one community to the next until all of workload, Tom has always managed to find (By Michael Kenny) America is answering the call. And then, time to give service to the community of Around the first of December 1995, due to who knows, maybe this country, like its na- Ridgewood and other causes. the efforts of people in Helena, Montana tional symbol, the Bald Eagle, will no longer Tom is in his third year as president of the banding together to protect and care for cer- be endangered. Ridgewood Public Education Foundation, with tain ailing and threatened birds, the Amer- f the mission of broadening our children's edu- ican Bald Eagle was taken off the endan- gered species list. cation experience and helping our school sys- TRIBUTE TO GIRL SCOUT GOLD Murder, poverty, homelessness, hunger, AWARD RECIPIENT tem deliver a world-class competitive edu- discrimination * * * when we watch the cation. He has helped establish a successful evening news, or read the paper, we seldom partnership with the Paterson Education Foun- see good news like the story about the Bald HON. DAVID R. OBEY dation and a number of districts have looked Eagle. We are often disgusted and shocked at OF WISCONSIN to Ridgewood as a prototype. what transpires in the world around us. Many are pointing out our problems without IN THE HOUSE OF REPRESENTATIVES In November 1994, Tom became president offering any solutions. They see America’s Tuesday, April 16, 1996 of the New York Legal Aid Society Board of flaws and say we are a society destined to Directors, an agency with which he has served failure. America is endangered, but her crit- Mr. OBEY. Mr. Speaker, today, I would like since law school. As president, Tom had the ics are not listening. They do not hear the to salute an outstanding young woman, Laura task of negotiating contracts and restructuring soft voice of America as she whispers. Amer- Hahn, who has been honored with the Girl Legal Aid's staff following an attorneys' strike ica is calling out to us. She asks for our love Scouts of the U.S.A. Gold Award by the Indian and New York City's termination of Legal Aid and respect for her and for her precious Waters Girl Scout Council in Eau Claire, WI. contracts. needy citizens. She is the voice of the twenty She is being honored for earning the high- He is also co-chair of Weinfeld Associates, million children living in poverty and the 12 est achievement award in Girl Scouting. The million children hoping for a hot meal so Girl Scout Gold Award symbolizes outstanding a fund-raising arm of NYU Law School, a they won’t go to bed hun- former president and trustee of the Ridgewood gry * * * again * * * ‘‘help us,’’ America calls, accomplishments in the areas of leadership, Board of Education, and a former vestryman ‘‘help them’’, ‘‘help each other.’’ community service, career planning and per- and warden at St. Elizabeth's Church in Let’s not waste time criticizing, let’s an- sonal development. Ridgewood. swer. Let’s work together and repair what is Girl Scouts of the U.S.A., an organization Tom and I go way backÐback further than wrong with this country. She asks us to serving over 2.6 million girls, has awarded either of us would care to admit. He was my come together, to stand united in our com- more than 20,000 Girl Scout Gold Awards to munities and help those who need food, Senior Girl Scouts since the inception of the student at George Washington Junior High clothing and shelter. As a letter to the editor School in Ridgewood. From those days a long in my local newspaper recently put it, ‘‘The program in 1980. To receive the award, a Girl time ago, I could see Tom was destined for truth is that no sense of community can sur- Scout must fulfill five requirements: earn four great things. He was sharp, disciplined, han- vive unless we the people demand political interest project patches, earn the Career Ex- dled himself very well, displayed great char- respect and economic support for the values ploration pin, earn the Senior Girl Scout Lead- acter and his classmates turned to him for an- of human dignity.’’ A while back, I was like ership Award project, earn the Senior Girl swers. In short, he was a leader among lead- the many who just complained and put Scout Challenge, and design and implement a ers even then. America down. I was angry at the world Girl Scout Gold Award project. A plan for ful- around me for all of its problems because I filling the requirements of the award is created It is Tom's propensity for hard work, his fac- felt helpless to make right what was wrong. ile mind and his wonderful ability to deal with I am only one person, I thought, what can I by the Senior Girl Scout and is carried out people that have allowed him to balance a do? Recently, desiring to at least do some- through close cooperation between the girl truly Herculean schedule. Everything he does, thing. I went down to a local soup kitchen to and an adult Girl Scout volunteer. he does with full effort and with grace and offer some help. I noticed there a young girl For the Girl Scout Gold Award project, sensitivity. Perhaps it is the dignity with which in what appeared to have once been a pink Laura developed a plan to prepare and distrib- Tom treats every individual that truly inspires dress, but was now only soiled rags. She was ute holiday meals to people who could not people to do their best. Ridgewood is truly cold and clutched tightly an old doll with leave their homes. Laura worked to secure the the stuffing coming out and she was des- funding for the meals and organized volun- blessed to have Tom as a resident and I am perately trying to keep warm. My heart sank truly blessed to be able to call him my friend. as she timidly approached the counter. I teers to help prepare and deliver the meals. f wanted so much to help her. As I handed her Through her project, Laura was able to bring a cup of chicken soup and saw the smile together different groups to address the needs CONGRATULATING MICHAEL cross that dirt-stained little face as she took of individuals in her community. KENNY, FLORIDA VOICE OF DE- her first sip, I knew I had begun to answer The earning of the Girl Scout Gold Award is MOCRACY WINNER her call. She received the nourishment she a major accomplishment for Laura Hahn and needed to get through the day. We helped I believe she should receive the public rec- make her life, and others, a little easier, at ognition due her for this significant service to HON. MICHAEL BILIRAKIS least for the moment. I realized then that I OF FLORIDA could make a difference. Finally, I was be- her community and her country. IN THE HOUSE OF REPRESENTATIVES ginning to hear and answer the call of Amer- f Tuesday, April 16, 1996 ica. Our country also calls out for us to be TRIBUTE TO NORA W. BRANDT: Mr. BILIRAKIS. Mr. Speaker, each year the proud. We live in a nation where men and SPEAKING OUT FOR PEACE Veterans of Foreign Wars and its ladies auxil- women have traditionally joined in a fight iary conduct the Voice of Democracy Broad- for freedom. So many lives were lost to gain HON. CARRIE P. MEEK what this country stands for; justice, liberty cast Scriptwriting Contest. This year, more OF FLORIDA than 116,000 secondary school students par- and community. When you hear the national anthem at a ball game, rise *** rise as Amer- IN THE HOUSE OF REPRESENTATIVES ticipated in the contest, competing for the 54 ica calls you to your feet, and when you Tuesday, April 16, 1996 national scholarships totaling more than place your right hand over your heart, be $118,000. The contest theme for this year was proud of your country. When we answer Mrs. MEEK of Florida. Mr. Speaker, I rise ``Answering America's Call.'' America’s call, we will have come together today to recognize the accomplishments of I am proud to announce that one of my con- as a community; white, black, native Amer- Nora W. Brandt, the principal of W.J. Bryan stituents, Michael Kenny, won first place in the ica, Asian, Hispanic and have erased preju- Elementary School in north Miami. Mrs. Brandt state and a $1,000 scholarship in the Voice of dice and racism. We will have helped our fel- will be honored here in Washington tonight at Democracy Contest. Michael is a senior at low human beings and hopefully, defeated a ceremony recognizing her efforts to teach hate and violence. And America will finally Tarpon Springs High School and hopes to pur- hear the praise she so desperately deserves. young people peaceful means of resolving sue a career in theater. So let’s listen to our country because all conflict. In his speech, Michael reminds us all of our criticism is drowning out her voice. But Too often in our society, conflicts are re- what can be accomplished when we answer she still calls for us to go out and do some- solved through violent rather than through E548 CONGRESSIONAL RECORD — Extensions of Remarks April 16, 1996 peaceful means. Mrs. Brandt's efforts to teach we hear about how our education system is RECOGNITION OF CIVIC a new generation about ways to settle dis- letting down our students and how overall ACHIEVEMENTS OF ERVIN HIGGS agreements without fighting are very much standards have decreased. Thankfully, Gene needed today. R. Alexander has made sure this is not the HON. PETER DEUTSCH To advance the cause of peace, Mrs. case in Benton and the surrounding area. I OF FLORIDA Brandt, in 1992 initiated a schoolwide peace would again like to thank Mr. A for his tireless IN THE HOUSE OF REPRESENTATIVES campaign at W.J. Bryan Elementary. In subse- efforts on behalf of the children of the 19th quent years the school sponsored the Annual Tuesday, April 16, 1996 District. It is an honor to represent him in the W.J. Bryan Peace Summit which has become Mr. DEUTSCH. Mr. Speaker, for the past 60 U.S. Congress. a model for other area schools. Earlier this years in Monroe County, one man has been at year, more than 2,000 students and parents f the forefront of fighting for the needs of the participated in a multicultural peace march or- Florida Keys. Ervin Higgs has taken a leading ganized by Mrs. Brandt and the students of TRIBUTE TO LEO NELSON role in finding solutions to our communities' W.J. Bryan. problems. In recognition of all of his civic Mrs. Brandt has also coordinated the achievements, I would like to take this time to schoolwide training of all teachers in ``Creative HON. J. DENNIS HASTERT outline all that he has done for south Florida. Conflict Solving for Kids'' and established a The Ervin Higgs story began on April 30, Peer Mediation Program. OF ILLINOIS 1936 in Key West, Florida. On that day, Ervin In 1994 Mrs. Brandt was recognized as IN THE HOUSE OF REPRESENTATIVES Higgs was born into a family of ``conchs'' who Peace Administrator of the Year by the Peace trace their heritage to Spanish Wells in the Education Foundation. Under her leadership, Tuesday, April 16, 1996 Bahamas. W.J. Bryan was named the 1995 Exemplary In an attempt to contribute his energy to the Peace School by Dade County Public Schools Mr. HASTERT. Mr. Speaker, I rise today to community, Ervin sought out public service as Multicultural Task Force. honor an outstanding civic leader of Illinois' a profession. He was first appointed by Gov- Mr. Speaker, I join with all of our community 14th Congressional District, Leo Nelson, on ernor Askew in 1976 as the tax assessor for in honoring Nora W. Brandt, educator and his forthcoming receipt of the Elgin Cosmopoli- Monroe County, FL and has served in that po- peacemaker. tan Club's Annual Distinguished Service sition ever since. f Award. When the local government was mandated to adopt a comprehensive plan in compliance DEDICATION OF THE GENE R. AL- Leo Nelson has served the community of with certain state mandates, Ervin was acutely EXANDER LEARNING RESOURCE Elgin with great distinction over the years, CENTER aware of the higher taxes paid under the serving as a member of city government for school funding formula. Even at the early over a decade and participating in a number stages, he foresaw that the funding formula HON. GLENN POSHARD of community activities. The list of accomplish- could, and probably in the near future, reach OF ILLINOIS ments during his long career are many, and a point where local taxpayers would be re- IN THE HOUSE OF REPRESENTATIVES there are several States across this Nation quired to pay more into the state school fund Tuesday, April 16, 1996 that are better for his service there. Born and than would be allowed to be expended by the Mr. POSHARD. Mr. Speaker, I rise today to raised in Chicago, Illinois, he graduated from local school board. In order to ensure that all honor Mr. Gene R. Alexander of Benton, IL. the University of Illinois with a Bachelor's de- properties were properly reflected on the tax For over 30 years he was a devoted teacher gree in political science in 1957. He then roll when the country adopted the initial com- and principal, and on April 25 he will be hon- served his country for several years in the prehensive plan, he realized that the mapping ored for his service when the library at Benton U.S. Army, retiring and returning to college at of the environmental features of properties was inadequate. He hired his own consultant Elementary School is renamed the ``Gene R. Boston University where he received his Mas- and eventually produced maps that were Alexander Learning Resource Center.'' I would ter's degree in 1964. He began his profes- like to thank ``Mr. A,'' he is fondly referred to, adopted by the county. sional career as administrative assistant to the Through the years Ervin has been in office, for his relentless promotion of education and city manager of Rock Island, IL in 1964, and his efforts on behalf of the children of Franklin he has defended the equity of the tax roll and followed that position with city management even fought in the courts to ensure that every- County. positions in Wyoming, Michigan and Sidney, As an educator and administrator I under- one paid their fair share. He has cost-effec- OH before settling in Elgin, IL, in late 1972. stand the commitment and hard work it takes tively modernized the Property Appraiser's Of- to make a profound impact on the lives of your Mr. Speaker, Mr. Nelson has been a highly fice, passing cost-savings back to the tax- students. This task is even harder today, for it valued member of the Elgin community for payers. seems all school employees are asked to nearly 25 years, and his list of civic activities As he grew older, Ervin developed into one of those endangered species that is currently make a case for the benefits of education; stu- is quite lengthy. He is a former director and dents crave entertainment and engagement as being threatened in south Florida as a result current chairman of the Elgin Area Chamber of an attempt of almost every level of govern- much as they desire fundamental knowledge. of Commerce Board, the president-elect of the Mr. A. understood that if he gave enough of ment to influence and control the future of the United Way of Elgin Board, member of the Florida Keys. As a ``conch'', he has always himself to the children, they would respond. Elgin Community College Foundation Board Even in retirement, he still can be found read- been acutely aware of the need to preserve and current chairman of the Robotics and ing to students, cleaning and painting area the existing natural beauty of the Florida Keys schools, spreading the word to say no to High Technology Academy of School District while at the same time attempting to keep the drugs, even contributing his own money to U±46 in Elgin. His past activities have in- local economic base viable. For all of his purchase school resources. Mr. A has been cluded time as chairman of the Jayne Shover work, I would like to take this time to honor his the difference for many kids between enjoying Easter Seal Center, as chairman of the Great- achievements. school and appreciating the value of education er Elgin Area YMCA Corporate Board, and as f instead of just getting by. And, as so often is a member of the Neighborhood Housing Serv- the case with community leaders, Mr. A's civic ices Board, the Well Child Conference and the PERSONAL EXPLANATION participation has not been confined to his cho- Elgin affiliate of the Literacy Volunteers of sen profession. He has taught Sunday School America. HON. ILEANA ROS-LEHTINEN at the First Christian Church for 37 years and Mr. Speaker, I ask you and my colleagues OF FLORIDA been an active member and past president of IN THE HOUSE OF REPRESENTATIVES the Benton Kiwanis. His life is a testimonial to to join me in honoring this dedicated man, for selflessness, and we the recipients of his kind- his commitment to the Elgin community and to Tuesday, April 16, 1996 ness have been truly blessed. improving this Nation. I wish him well as they Ms. ROS-LEHTINEN. Mr. Speaker, I was Mr. Speaker, all too often we fail to recog- years's recipient of the Elgin Cosmopolitan unavoidably absent for the final vote on Tues- nize the contributions that the teachers of our Club's Annual Distinguished Service Award, day, April 16. I would have voted ``yes'' on roll- children make to their lives. On this very floor, an honor that is richly deserved. call vote 120. April 16, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E549 VETERANS AFFAIRS HOSPITAL tors, pulled into the retirement yard licans proposed altering state procurement VOLUNTEER PROGRAM Wednesday after a quarter-century of serv- code in a way Democrats felt jeopardized the ice. Intermountain Power Project, an immense Part statesman, part grump, part warm- coal-fire power plant near Delta, a boon for HON. MIKE WARD hearted grandfather, Black, 76, ended a 24- blue-collar jobs. OF KENTUCKY year Senate career when the gavel fell. As Black stalled Senate debate for an hour IN THE HOUSE OF REPRESENTATIVES the longest-serving senator in the chamber, and 45 minutes, enough time to allow Demo- Tuesday, April 16, 1996 he leaves an indelible mark on state govern- crat Matheson to pressure the bill’s support- ment and the politicians who stay behind. ers into backing down. Mr. WARD. Mr. Speaker, the Department of The Senate had been a dry-eyed place in Finally, they asked me to call it off,’ he Veterans Affairs [VA] Hospital Volunteer Pro- 1996. That is, until Monday, when senators said with a wry smile. gram is one of the oldest and largest nation- began speaking up at a Black farewell cere- Mr. Speaker, I add my congratulations and mony. One by one, leading Republicans and ally coordinated programs and is an outgrowth thanks to Senator Black, on behalf of the peo- of a movement that began during World War Democrats folded in tears as they bade fare- well to the retired railroad engineer-turned- ple of Utah, for his may years of service in the II. During that time, volunteers came, unsolic- senator, his firm manner and, above all, his Utah Senate. He will be missed but not forgot- ited, to VA hospitals to visit and entertain war- integrity. ten. injured patients. After the war, national organi- ‘‘When Rex tells you something, you can f zations and the VA formulated this effort by take it to the bank,’’ said Sen. John creating the VA Voluntary Service National Holmgren, R-Bear River City. ‘‘That’s just MANOJ ILLICKAL WINS FIRST Advisory Committee. the way it is.’’ PLACE IN ANNUAL ESSAY CON- This year is the 50th anniversary of VA Vol- Through six Senate terms, the Rose Park TEST untary Service. That organization has coordi- resident has served as majority whip when Democrats dominated Capitol Hill, and held nated the donation of more than 400 million the post of Senate minority leader for a dec- HON. PETER T. KING community volunteer hours at VA medical cen- ade. From key committee seats, he has influ- OF NEW YORK ters since 1945. enced nearly every major piece of legislation IN THE HOUSE OF REPRESENTATIVES At the VA Medical Center [VAMC] in Louis- since the late 1970s, focusing on public safe- ville, 585 volunteers worked a total of 58,225 ty, transportation, credit unions and the Tuesday, April 16, 1996 hours last year. This is equivalent to 26 full- state’s retirement system. Mr. KING. Mr. Speaker, today I would like to time employees and valued at $706,269. Senate President Lane Beattie, R-West salute a young constituent of mine, Manoj Last year, Louisville VAMC volunteers gave Bountiful, calls Black and his experience one ``Manny'' Illickal, who is working toward his $150,372 in material donations, such as per- of strongest arguments against the idea of college degree with the assistance of the term limits. ‘‘I can’t imagine a worse mis- sonal hygiene items, art supplies, books, take than limiting the expertise, knowledge Gateway Job Corps. Manny recently took first equipment, and vehicles to the medical center. and wisdom of a man like this,’’ said Beattie. place honors in the Joint Action in Community In addition, our volunteers gave $58,321 in Many find it impossible to imagine work- Service, Inc. [JACS] National Essay Contest. monetary donations last year. ing in the Utah Legislature without Black’s I offer for inclusion in the RECORD, Manny's Volunteers are vital to the delivery of health leather-tough, sometime gruff, sometime hu- award-winning essay, ``How Job Corps care to our nation's veterans. They assist at morous presence. Changed My Life.'' It's an inspiring story of the Louisville VAMC by transporting patients ‘‘He is as much of a part of my mental vis- how he learned self-discipline and the value of to different areas of the hospital, transporting ualization of what goes on in here as any- thing or anybody in the chamber,’’ said Gov. hard, honest work. After reading this essay, I records and files, visiting patients, assisting Mike Leavitt, whose father, Dixie Leavitt, am certain that you'll agree with me that with recreation programs, and helping with served alongside Black. Manny's future is limited only by how far he clerical work. But the years catch up with everyone. ‘‘It’s wants to take himself. He seems to have the The most valuable contribution given to vet- my time to go,’’ Black said. right attitude for success. eran patients by Louisville VAMC volunteers While still fit after surviving a bout with HOW JOB CORPS CHANGED MY LIFE cancer six years ago, the gray-haired senator cannot be measured in any way. It is the gift (By Manny Illickal) shows an icy bluntness and lack of self-con- of themselvesÐtheir compassion, caring, un- While my classmates were cleaning other derstanding, and dedication. Their very pres- sciousness befitting someone who has spent his golden years making state laws. parts of the workshop, I was spending my ence in the medical center contributes to put- He is renowned for reading every bill, even Friday afternoon mopping the office of my ting frightened patients at ease and creating a the most mind-dulling, and for being a stick- instructor; that is, I was supposed to be mop- comfortable environment for them. ler for correctness in procedure. ping his office. What I was actually doing I salute the Louisville VA Medical Center's He was born in Salt Lake City in 1920 and was trying to figure out how best to get out volunteers for their tireless service to our Na- named for his father, a Hercules shell-house of Building and Apartment Maintenance, out tion's veterans. foreman. Seven months after marrying Helen of Gateway Civilian Conservation Center and (most importantly) out of the U.S. Job f Shirley Frazer in May 1942, Black entered the army, eventually driving supply and Corps. I was a really smart kid when it came A TRIBUTE TO UTAH STATE prisoner trains across Europe. to quitting things, probably because I had a SENATOR WILFORD ‘‘REX’’ BLACK Upon his return, Black resumed working lot of practice. for the Denver & Rio Grande Western Rail- After the student-foreman had told me to road, reaching the ranks of union leadership mop the office I asked, ‘‘Don’t you have HON. BILL ORTON in the Brotherhood of Locomotive Firemen someone who does that type of work here?’’ OF UTAH and Enginemen and its successor, the United ‘‘Yeah, we have you.’’ I was rather discour- IN THE HOUSE OF REPRESENTATIVES Transportation Union, until retirement. aged, because the floor didn’t seem to be get- He has eight children, 34 grandchildren and ting any cleaner. Every few minutes, I would Tuesday, April 16, 1996 four greatgrandchildren, a clan a fellow sen- spill a few drops of dirty water onto the Mr. ORTON. Mr. Speaker, I would like to ator said ‘was practically the entire popu- floor, and I would halfheartedly move the take a moment today to honor Utah State lation of Rose Park.’ Black also is a devout mop around whenever a classmate walked by Senator Wilford ``Rex'' Black of Salt Lake City, Mormon. the window. Mopping the floor as part of my who is retiring from the Utah Senate after rep- Eddie Mayne labored in the Bingham open- jobs was beneath me. I was a really smart pit mine 25 years ago, when he and a delega- kid. resenting his west Salt Lake district for 24 tion of other workers approached Black Why should I have to do this work? I years. about running for the Senate. Black’s wife wasn’t even building anything. Enough was Senator Black has earned the high respect was decidedly cold to the idea. ‘I won’t tell enough. I was going to get my pay and get and admiration of his colleagues on both sides you her exact remarks,’ he said, ‘but it was out of this place so fast that they would have of the aisle as he has worked in the Utah Sen- a definite ‘no.’ to change their name to Getaway. I had quit ate. An article, published in the Thursday, Mayne, now head of the Utah AFL-CIO and better places than this one, and it got easier February 29, 1996, edition of the Salt Lake a senator himself, said Black has come to every time. I came to Job Corps because I Tribune written by staff writer Tony Semerad, symbolize a Democratic brand of respect and wanted to get a good job. I hadn’t come to compassion for the elderly, disabled, veter- the Job Corps work. After all, I was a really does a good job describing Senator Black. I ans, workers, and the state’s downtrodden. smart kid who had never had to work too would like to include portions of this article in On their behalf, Black has charged into hard when I was in school. today's CONGRESSIONAL RECORD: some of the major political fights of the age. Of course, I didn’t really understand why Wilford ‘‘Rex’’ Black Jr., trusty loco- The only filibuster of his career came being smart didn’t seem to help too much motive driver of Utah Democratic legisla- under the late Gov. Scott Matheson. Repub- with my grades. Back in school, I knew I was E550 CONGRESSIONAL RECORD — Extensions of Remarks April 16, 1996 smarter than most of my classmates. When- had a filthy floor again. What a waste. He my self-portrait resembled the finger-print- ever there was a good opportunity to leave didn’t need to mess up such a good job. He ing of a slow kindergarten student. After I campus, I would be one of the first guys gone could have left it looking great and I would came to Job Corps it began to bear some to enjoy the time. A lot of the other guys have learned . . . very little. There aren’t likeness to a college man with a bright fu- would waste their time reading over the that many moments in your life when you ture. I would give you more of a critique, but chapter assigned for tomorrow. Why do it feel as though everything has changed, at I need to start reading NOW to get ready for now, since I could do it tomorrow or the day least there haven’t been that many in my college. I’m thinking about taking an elec- after tomorrow? I didn’t need to waste a lot life. I had grown accustomed to starting tive in art history. I would like to learn of valuable time reading textbooks. I could some work, doing half of it, growing bored, about the work of Michelangelo, Da Vinci always catchup later. After all, I was really getting in trouble, losing my job and walk- and my personal favorite, Norman Rockwell. a smart kid. ing away from responsibility. Losing and I’m hopeful that if I work hard in school, Those guys who didn’t even know how to walking away from a job can get to be a maybe in a few years I’ll be a smart man. have a good time went off to college, and habit. This time I couldn’t even walk away there I was wasting a perfectly good Friday from the job. Gateway’s in the middle of no- f mopping my instructor’s office. Actually, where, and the Center Standards Officer what I was doing had less to do with mopping stops everyone who even tries to go AWOL. and more to do with leaning on the mop, PROF. JOHN HALL SAVES This time I was stuck in a filthy office while I contemplated the injustice of it all. SMITHSONIAN ARTIFACTS with a mop. It turns out that I was right. If That was when my instructor entered the of- you put a little muscle into it the mopping fice without knocking first and when I began goes rather nicely. After I finished, it didn’t to think that maybe I wasn’t such a smart HON. NICK SMITH look as good as it had when my instructor kid after all. OF MICHIGAN did it, but it did look better than it had be- I would describe what he said, but I doubt IN THE HOUSE OF REPRESENTATIVES that the written word would be able to ex- fore I started. press the volume properly. Also, I’m not too My instructor had said ‘‘all work is a self- Tuesday, April 16, 1996 sure how to spell all of it. Suffice it to say portrait of the person who did it.’’ Looking back over my life. I figured that it was time Mr. SMITH of Michigan. Mr. Speaker, the that he got his meaning across pretty well. I country owes a debt of gratitude to one of my figure that I might as well quit right then to stop eating crayons. I realized that there and there, just as I had at my other jobs. really isn’t any excuse for not doing my best constituents, Prof. John Hall of Albion College Why give him the satisfaction of firing me? work. Losing had become a habit with me. I in Albion, MI. His story has been told on the Before I got the chance, he grabbed the mop wanted to find out whether winning could CBS Evening News as well as on the front out of my hand and began mopping the floor, get to be a habit as well. pages of America's most prominent news- even though he was the boss. In a minute he I would like to discuss how I went on to be- papers. coming the best Building and Apartment had finished the entire office, even though it Professor Hall is an expert in, among other was at least 15 square feet. The floor looked Maintenance student that my instructor has so good that I half expected Mr. Clean to be ever had, but I would be lying. Not every- things, World War I fighter planes. He discov- there looking up at us. I’m pretty sure that thing went great the moment I realized that ered that original pieces from a French World it had something to do with his putting more I wanted to paint a pretty picture. What did War I aircraft were for sale but which he knew muscle into it than I put, especially since he change was that I didn’t quit. Many months to be the property of the Smithsonian. Inquir- told me that I had to put some muscle into later, I successfully completed the Building ies led him to the sellerÐa Smithsonian cura- it. and Apartment Maintenance program of the tor, who even offered to authenticate the Home Builders Institute. For the rest of my The floor reflected so well on him that I pieces he was selling on Smithsonian letter- was really surprised when he purposely life, I’m a completer. threw a lot of dirt on it. ‘‘Do you expect me As I was completing my trade, my boss head. to do your work for you? You came here to told me how proud he was of me. His boss Professor Hall contacted the FBI. At their re- learn something.’’ Then instead of telling me took the time during a business trip from quest, he wore a hidden microphone when that I was fired, he told me in his own inimi- Washington, D.C. to tell me how proud he discussing various aircraft parts that were table style to clean up the place NOW and was of me. Before Job Corps, I was the type available for sale with the curator. As a result, that there was no excuse for not doing my of guy a boss wouldn’t find, let alone com- the FBI was able to arrest him. Thanks to pro- best. He added that ‘‘all work is a self-por- pliment. Now they’re recommending me for a fessor Hall's detective work, the Smithsonian trait of the person who did it.’’ Then he went Job Corps college program. I’m going to to check on the rest of the students in the work hard to be a college ‘‘completer’’ too. is now undergoing an inventory to see what shop to spread more joy. I have been accepted to the university of else might have been stolen and implementing I was standing in an office that had a the State of New York. How has Job Corps a bar code system to ensure that such theft filthy floor, then had a beautiful and then changed my life? Before I came to Job Corps, becomes much less likely in the future. Tuesday, April 16, 1996 Daily Digest Senate Rogers Avenue, Fort Smith, Arkansas, as the ‘‘Judge Chamber Action Issaac C. Parker Federal Building’’, clearing the bill Routine Proceedings, pages S3337–S3416 for the President. Page S3414 Measures Introduced: Seven bills and three resolu- Timothy C. McCaghren Customs Administra- tions were introduced, as follows: S. 1672–1678, and tion Building: Senate passed H.R. 2415, to des- S. Res. 243–245. Page S3384 ignate the United States Customs Administration Measures Reported: Reports were made as follows: Building at the Ysleta/Zaragosa Port of Entry lo- H.R. 1743, to amend the Water Resources Re- cated at 797 South Ysleta in El Paso, Texas, as the search Act of 1984 to extend the authorizations of ‘‘Timothy C. McCaghren Customs Administration appropriations through fiscal year 2000, with an Building’’, clearing the bill for the President. amendment in the nature of a substitute. (S. Rept. Pages S3414±15 No. 104–252) Vincent E. McKelvey Federal Building: Senate H.R. 2243, to amend the Trinity River Basin Fish passed H.R. 2556, to redesignate the Federal build- and Wildlife Management Act of 1984, to extend ing located at 345 Middlefield Road in Menlo Park, for three years the availability of moneys for the res- California, and known as the Earth Sciences and Li- toration of fish and wildlife in the Trinity River. (S. brary Building, as the ‘‘Vincent E. McKelvey Federal Rept. No. 104–253) Page S3384 Building’’, clearing the bill for the President. Measures Passed: Pages S3414±15 Congratulating the University of Kentucky: Sen- Illegal Immigration Reform: Senate continued con- ate agreed to S. Res. 244, to commend and con- sideration of S. 1664, to amend the Immigration and gratulate the University of Kentucky on its men’s Nationality Act to increase control over immigration basketball team winning its sixth National Colle- to the United States by increasing border patrol and giate Athletic Association championship. investigative personnel and detention facilities, im- Pages S3413±14 proving the system used by employers to verify citi- Majority Party Committee Appointments: Senate zenship or work-authorized alien status, increasing agreed to S. Res. 245, making Majority party ap- penalties for alien smuggling and document fraud, pointments to the Committee on Labor and Human and reforming asylum, exclusion, and deportation Resources. Page S3414 law and procedures; and to reduce the use of welfare James Lawrence King Federal Justice Building: by aliens, taking action on amendments proposed Senate passed H.R. 255, to designate the Federal thereto, as follows: Pages S3348±52 Justice Building in Miami, Florida, as the ‘‘James Pending: Lawrence King Federal Justice Building’’, clearing Dorgan Amendment No. 3667, to express the the bill for the President. Page S3414 sense of the Senate that a balanced budget constitu- Thomas D. Lambros Federal Building and U.S. tional amendment should protect the Social Security Courthouse: Senate passed H.R. 869, to designate system by excluding the receipts and outlays of the the Federal building and U.S. Courthouse located at Social Security trust funds from the budget. 125 Market Street in Youngstown, Ohio, as the Page S3349 ‘‘Thomas D. Lambros Federal Building and U.S. Simpson Amendment No. 3669, to prohibit for- Courthouse’’, clearing the bill for the President. eign students on F–1 visas from obtaining free pub- Page S3414 lic elementary or secondary education. Page S3349 Judge Issaac C. Parker Federal Building: Senate Simpson Amendment No. 3670, to establish a passed H.R. 1804, to designate the United States pilot program to collect information relating to non- Post Office-Courthouse located at South 6th and immigrant foreign students. Page S3349 D312 April 16, 1996 CONGRESSIONAL RECORD — DAILY DIGEST D313 Simpson Amendment No. 3671, to create new Consent Agreement Vitiated: By unanimous-con- ground of exclusion and of deportation for falsely sent, the agreement of September 6, 1995, relative claiming U.S. citizenship. Page S3349 to S. 1124, S. 1125, and S. 1126, was vitiated. Simpson Amendment No. 3672 (to Amendment Page S3414 No. 3667), in the nature of a substitute. Page S3349 Nominations Received: Senate received the follow- Whitewater Investigation Extension—Cloture ing nominations: Vote: By 51 yeas to 46 nays (Vote No. 61), three- David J. Barram, of California, to be Adminis- fifths of those Senators duly chosen and sworn, not trator of General Services. having voted in the affirmative, Senate rejected a Hubert T. Bell, Jr., of Alabama, to be Inspector motion to close further debate on the motion to pro- General, Nuclear Regulatory Commission. ceed to the consideration of S. Res. 227, to authorize John Christian Kornblum, of Michigan, to be an the use of additional funds for salaries and expenses Assistant Secretary of State. of the Special Committee to Investigate Whitewater Barbara Mills Larkin, of Iowa, to be an Assistant Development Corporation and Related Matters. Secretary of State. Page S3416 Pages S3349±50, S3415 A motion was entered to closed further debate on Messages From the House: Pages S3383±84 the motion to proceed to consideration of the resolu- Measures Placed on Calendar: Page S3384 tion and, in accordance with the provisions of Rule Communications: Page S3384 XXII of the Standing Rules of the Senate, a vote on the cloture motion will occur on Thursday, April 18, Statements on Introduced Bills: Pages S3384±S3405 1996. Page S3415 Additional Cosponsors: Pages S3405±06 A seventh vote on a motion to close further de- Notices of Hearings: Page S3407 bate on the resolution will occur on Wednesday, Authority for Committees: Page S3407 April 17, 1996. Additional Statements: Pages S3407±13 Terrorism Prevention Act—Conference Report: Senate began consideration of the conference report Record Votes: Two record votes were taken today. on S. 735, to deter terrorism, provide justice for vic- (Total—62) Pages S3350, S3381 tims, and provide for an effective death penalty. Adjournment: Senate convened at 10 a.m., and ad- Pages S3350±81, S3415 journed at 7:55 p.m., until 9:15 a.m., on Wednes- By 50 yeas to 46 nays (Vote No. 62), Senate ta- day, April 17, 1996. (For Senate’s program, see the bled a motion to recommit the conference report remarks of the Acting Majority Leader in today’s with instructions to report back with provisions to Record on page S3415.) allow the Attorney General to request military tech- nical and logistical support in an emergency involv- ing weapons of mass destruction. Pages S3378±81 Committee Meetings A unanimous-consent time-agreement was reached providing for further consideration of the conference (Committees not listed did not meet) report on Wednesday, April 17, 1996. Page S3415 APPROPRIATIONS—AGRICULTURE Measures Indefinitely Postponed: Senate indefi- nitely postponed further consideration of the follow- Committee on Appropriations: Subcommittee on Agri- ing measures: culture, Rural Development, and Related Agencies Lobbying Disclosure Act: S. 101, to provide for held hearings on proposed budget estimates for fiscal the disclosure of lobbying activities to influence the year 1997 for the Department of Agriculture, focus- ing on food and consumer services, receiving testi- Federal Government. Page S3414 mony from Ellen W. Haas, Under Secretary for Intelligence Authorizations: S. 922, to authorize Food, Nutrition and Consumer Services, William appropriations for fiscal year 1996 for intelligence Ludwig, Administrator, and George A. Braley, Asso- and intelligence-related activities of the United ciate Administrator, both of the Food and Consumer States Government and the Central Intelligence Service, Eileen Kennedy, Director, Center for Nutri- Agency Retirement and Disability System. tion Policy and Promotion, and Dennis L. Kaplan, Page S3414 Deputy Director for Budget, Legislative, and Regu- ICC Sunset Act: S. 1396, to amend title 49, latory Systems, all of the Department of Agriculture. United States Code, to provide for the regulation of Subcommittee will meet again on Thursday, April surface transportation. Page S3414 18. D314 CONGRESSIONAL RECORD — DAILY DIGEST April 16, 1996

APPROPRIATIONS—ENERGY AND WATER tion authorizing funds for the National Transpor- DEVELOPMENT tation Safety Board, after receiving testimony from Committee on Appropriations: Subcommittee on Energy James E. Hall, Chairman, Kenneth U. Jordan, Man- and Water Development held hearings on proposed aging Director, Daniel Campbell, General Counsel, budget estimates for fiscal year 1997 for energy and Peter Goelz, Director, Governmental Affairs, and water development programs, receiving testimony in Bernard Loeb, Director, Aviation Safety, all of the behalf of funds for their respective activities from National Transportation Safety Board. Victor H. Reis, Assistant Secretary for Defense Pro- Also, committee concluded hearings on proposed grams, and Joan B. Rohlfiing, Director, Office of legislation authorizing funds for programs of the Non-proliferation and National Security, both of the Pipeline Safety Act, after receiving testimony from Department of Energy; and Fred Celec, Deputy As- Richard Felder, Associate Administrator of Pipeline sistant to the Secretary of Defense for Nuclear, Safety, Department of Transportation; John F. Rior- Chemical and Biological Defense Programs. dan, MidCon Corporation, Lombard, Illinois; and Subcommittee recessed subject to call. Rick Marini, New Hampshire Public Utilities Com- APPROPRIATIONS—MILITARY mission, Concord. CONSTRUCTION Committee on Appropriations: Subcommittee on Mili- PROPANE EDUCATION AND RESEARCH tary Construction concluded hearings on proposed ACT budget estimates for fiscal year 1997 for Air Force Committee on Energy and Natural Resources: Sub- military construction and defense agencies’ construc- committee on Energy Research and Development tion programs, after receiving testimony from Rod- held hearings on S. 1646, to authorize and facilitate ney A. Coleman, Assistant Secretary of the Air Force a program to enhance safety, training, research and for Manpower, Reserve Affairs, Installations, and En- development, and safety education in the propane vironment, Maj. Gen. George K. Anderson, USAF, gas industry for the benefit of propane consumers Deputy Assistant Secretary for Health Services Oper- and the public, receiving testimony from Daryl ations and Readiness, Bruce M. Carnes, Deputy Di- McClendon, Hinsdale, Illinois, on behalf of the Na- rector for Resource Management, Defense Finance tional Propane Gas Association; William Halli- and Accounting Service, Fred Baillie, Executive Di- burton, The Woodlands, Texas, on behalf of the Gas rector, Business Management, Defense Logistics Agency, and Millard E. Carr, Director, Energy and Processors Association; Paul Culver, Farmland Indus- Engineering, Office of Deputy Assistant Secretary for tries, Kansas City, Missouri; and James M. Childress, Installations, all of the Department of Defense. Propane Consumers Coalition, Arlington, Virginia. Hearings were recessed subject to call. ATOMIC ENERGY DEFENSE BUDGET Committee on Armed Services: Committee concluded ALGERIA hearings on the proposed budget request for fiscal Committee on Foreign Relations: Subcommittee on Near year 1997 for Department of Energy atomic energy Eastern and South Asian Affairs concluded hearings defense activities, and to review the future years de- to examine United States policy with regard to cur- fense program, after receiving testimony from Hazel O’Leary, Secretary of Energy. rent developments in Algeria, after receiving testi- mony from Robert H. Pelletreau, Assistant Secretary AUTHORIZATION—NTSB/PIPELINE of State for Near Eastern Affairs; Robert Mortimer, SAFETY ACT Haverford College, Haverford, Pennsylvania; and Committee on Commerce, Science, and Transportation: Khalid Duran, Institute for International Studies, Committee concluded hearings on proposed legisla- Washington, D.C. April 16, 1996 CONGRESSIONAL RECORD — DAILY DIGEST D315 House of Representatives West Bank or Gaza Strip or a qualifying industrial Chamber Action zone; Pages H3412±14 Bills Introduced: 10 public bills, H.R. 3248–3257; Federal Power Act: H.R. 2501, amended, to ex- and 4 resolutions, H. Con. Res. 162, and H. Res. tend the deadline under the Federal Power Act ap- 402–404 were introduced. Page H3488 plicable to the construction of a hydroelectric project Reports Filed: Reports were filed as follows: in Kentucky; Pages H3415±16 H.R. 3121, to amend the Foreign Assistance Act Hydroelectric project: H.R. 2630, amended, to of 1961 and the Arms Export Control Act to make extend the deadline for commencement of construc- improvements to certain defense and security assist- tion of a hydroelectric project in the State of Illinois; ance provisions under those Acts, and to authorize the transfer of naval vessels to certain foreign coun- Page H3416 tries (H. Rept. 104–519 Part 1); Federal Power Act: H.R. 2695, amended, to ex- H.R. 2715, to amend chapter 35 of title 44, tend the deadline under the Federal Power Act ap- United States Code, popularly known as the Paper- plicable to the construction of certain hydroelectric work Reduction Act, to minimize the burden of projects in the State of Pennsylvania; Pages H3416±17 Federal paperwork demands upon small businesses, Federal Power Act: H.R. 2773, amended, to ex- educational and nonprofit institutions, Federal con- tend the deadline under the Federal Power Act ap- tractors, State and local governments, and other per- plicable to the construction of two hydroelectric sons through the sponsorship and use of alternative projects in North Carolina; Page H3417 information technologies (amended) (H. Rept. Federal Power Act: H.R. 2816, to reinstate the 104–520 Part 1); and license for, and extend the deadline under the Fed- H.R. 1965, to reauthorize the Coastal Zone Man- eral Power Act applicable to the construction of a agement Act of 1972 (amended) (H. Rept. hydroelectric project in Ohio; Pages H3417±18 104–521). Page H3487 Hydroelectric project: H.R. 2869, amended, to Speaker Pro Tempore: Read a letter from the extend the deadline for commencement of construc- Speaker wherein he designates Representative Dickey tion of a hydroelectric project in the State of Ken- to act as Speaker pro tempore for today. Page H3389 tucky; Pages H3418±19 Recess: House recessed at 10:10 a.m. and recon- Historical Reality of Holocaust: H. Res. 316, de- vened at 11:00 a.m. Page H3393 ploring individuals who deny the historical reality of Journal: By a yea-and-nay vote of 335 yeas and 67 the Holocaust and commending the vital, ongoing nays, Roll No. 118, the House agreed to the Speak- work of the United States Holocaust Memorial Mu- er’s approval of the Journal of Monday, April 15. seum (Agreed to by a yea-and-nay vote of 420 yeas, Pages H3393±94 Roll No. 120); and Pages H3419±23, H3434±35 Member Sworn: Representative-elect Juanita Foreign Assistance Act of 1961 and the Arms Millender-McDonald presented herself in the well of Export Control Act: H.R. 3121, amended, to amend the House and was administered the oath of office the Foreign Assistance Act of 1961 and the Arms by the Speaker. Page H3394 Control Act to make improvements to certain de- Suspensions: House voted to suspend the rules and fense and security assistance provisions under those pass the following measures: Acts, and to authorize the transfer of naval vessels to Taxpayer Bill of Rights II: H.R. 2337, amend- certain foreign countries. Pages H3423±33 ed, to amend the Internal Revenue Code of 1986 to Senate Bill Returned: House agreed to H. Res. provide for increased taxpayer protections (Passed by 402, returning to the Senate, S. 1463, to amend the a yea-and-nay vote of 425 yeas, Roll No. 119); Trade Act of 1974 to clarify the definitions of do- Pages H3399±H3412, H3434 mestic industry and like articles in certain investiga- Extension of free trade benefits to the West tions involving perishable agricultural products. Bank and Gaza Strip: H.R. 3074, to amend the Pages H3414±15 United States-Israel Free Trade Area Implementation Indian Self-Determination and Education Assist- Act of 1985 to provide the President with additional ance: House passed H.R. 3034, to amend the Indian proclamation authority with respect to articles of the Self-Determination and Education Assistance Act to D316 CONGRESSIONAL RECORD — DAILY DIGEST April 16, 1996 extend for two months the authority for promulgat- LABOR—HHS—EDUCATION ing regulations under the Act. Page H3423 APPROPRIATIONS Amendments Ordered Printed: Amendments or- Committee on Appropriations: Subcommittee on Labor, dered printed pursuant to the rule appear on pages Health and Human Services, and Education held a H3489–92. hearing on Elementary and Secondary Education, on Quorum Calls—Votes: Three yea-and-nay votes de- Minority Languages Affairs and on Special Education veloped during the proceedings of the House today and Rehabilitative Services. Testimony was heard from the following officials of the Department of and appear on pages H3393–94, H3434, and Education: Gerald N. Tirozzi, Assistant Secretary, H3434–35. There were no quorum calls. Elementary and Secondary Education; Delia Pompa, Adjournment: Met at 9:30 a.m. and adjourned at Director, Office of Bilingual Education and Minority 10:47 p.m. Languages Affairs; and Judith E. Heumann, Assist- ant Secretary, Special Education and Rehabilitative Committee Meetings Services. NATIONAL SECURITY APPROPRIATIONS AGRICULTURE, RURAL DEVELOPMENT, Committee on Appropriations: Subcommittee on Na- FDA, AND RELATED AGENCIES tional Security held a hearing on Military Personnel APPROPRIATIONS Issues. Testimony was heard from the following offi- Committee on Appropriations: Subcommittee on Agri- cials of the Department of Defense: Lt.Gen. Theo- culture, Rural Development, Food and Drug Admin- dore G. Stroup, Jr., USA, Deputy Chief of Staff Per- istration, and Related Agencies continued appropria- sonnel, Army; Lt.Gen. Michael D. McGinty, USAF, tion hearings. Testimony has heard from Members of Deputy Chief of Staff Personnel, Air Force; VAdm. Congress and public witnesses. Frank L. Bowman, USN, Chief of Naval Personnel; and Lt.Gen. George R. Christmas, USMC, Deputy Chief of Staff, Manpower and Reserves. COMMERCE, JUSTICE, STATE, AND JUDICIARY APPROPRIATIONS TRANSPORTATION APPROPRIATIONS Committee on Appropriations: Subcommittee on Com- Committee on Appropriations: Subcommittee on Trans- merce, Justice, State, and Judiciary held a hearing on portation held a hearing on the FAA. Testimony was Inspectors General (Departments of Justice and heard from David R. Hinson, Administrator, FAA, State) and on the Federal Judiciary. Testimony was Department of Transportation. heard from the following Inspectors General: Mi- TREASURY, POSTAL SERVICE AND chael R. Bromwich, Department of Justice; and Jac- GENERAL GOVERNMENT APPROPRIATIONS quelyn L. Williams-Bridgers, Department of State; Richard S. Arnold, Chief Judge, U.S. Court of Ap- Committee on Appropriations: Subcommittee on Treas- peals, Eighth Circuit and Chair, Judicial Conference ury, Postal Service, and General Government held a Committee on the Budget; Owen M. Panner, Judge, hearing on the Federal Election Commission. Testi- U.S. District Court, District of Oregon; Rya W. mony was heard from the following Commissioners Zobel, Judge, U.S. District Court, Massachusetts, of the Federal Election Commission: Scott E. Thom- Director, Federal Judicial Center; William G. as; Joan D. Aikens and Lee Ann Elliott. Young, Judge, U.S. District Court, Massachusetts; VETERANS’ AFFAIRS, HUD, AND and Leonidas Ralph Mecham, Director, Administra- INDEPENDENT AGENCIES tive Office of the U.S. Courts. APPROPRIATIONS INTERIOR APPROPRIATIONS Committee on Appropriations: Subcommittee on Veter- ans’ Affairs, Housing and Urban Development, and Committee on Appropriations: Subcommittee on Interior Independent Agencies held a hearing on the EPA. held a hearing on Department of Energy: Fossil En- Testimony was heard from Carol M. Browner, Ad- ergy Research and Development and on the Depart- ministrator, EPA. ment of Energy: Energy Conservation. Testimony was heard from the following officials of the Depart- MISCELLANEOUS MEASURES ment of Energy: Patricia Fry Godley, Assistant Sec- Committee on Commerce: Ordered reported amended the retary, Fossil Energy; and Christine A. Ervin, Assist- following bills: H.R. 2024, Mercury Containing and ant Secretary, Energy Efficiency and Renewable En- Rechargeable Battery Management Act and H.R. ergy. 1514, Propane Education and Research Act. April 16, 1996 CONGRESSIONAL RECORD — DAILY DIGEST D317 JANUARY 1, 2000—COMPUTER DISASTER? tions Act of 1995; H.R. 1825, to amend the Wild Committee on Government Reform and Oversight: Sub- and Scenic Rivers Act to limit acquisition of land on committee on Government Management, Informa- the 39-mile headwaters segment of the Missouri tion and Technology, Is January 1, 2000 the Date River, Nebraska and South Dakota, designated as a for Computer Disaster? Testimony was heard from recreational river, to acquisition from willing sellers; D. Dean Mesterharm, Deputy Commissioner, Sys- H.R. 2255, Lamprey Wild and Scenic River Act; tems, SSA; Emmet Paige, Jr., Assistant Secretary, and H.R. 2292, Hanford Reach Preservation Act. Defense Command, Control, Communications and Testimony was heard from Representatives Johnson Intelligence, Department of Defense; George Munoz, of South Dakota, Rahall, Hastings of Washington Assistant Secretary, Management and Chief Financial and Zeliff; Katherine H. Stevenson, Associate Direc- Officer, Department of the Treasury; Louis J. tor, Cultural Resources, National Park Service, De- Marcoccia, Director, Data Administration and Logis- partment of the Interior; and public witnesses. tics, New York City Transit Authority; and public OVERSIGHT—RESEARCH PROGRAMS— witnesses. NATIONAL INSTITUTE OF STANDARDS SCHOOL DESEGREGATION LITIGATION AND TECHNOLOGY Committee on the Judiciary: Subcommittee on the Con- Committee on Science: Subcommittee on Technology stitution held a hearing on legislative responses to held an oversight hearing to review Research Labora- school desegregation litigation. Testimony was heard tory Programs at the National Institute of Standards from Representatives Lipinski and Hoke; and public and Technology, with emphasis on Technology Ad- witnesses. ministration/National Institute of Standards Tech- nology fiscal year 1997 authorization. Testimony was DEFENSE AUTHORIZATION heard from Arati Prabhakar, Director, National In- Committee on National Security: Subcommittee on Mili- stitute of Standards and Technology, Department of tary Installations and Facilities continued hearings Commerce. on the fiscal year 1997 national defense authoriza- OVERSIGHT—AGENT ORANGE EXPOSURE tion, with emphasis on the military construction re- quest. Testimony was heard from Representatives Committee on Veterans’ Affairs: Subcommittee on Hos- Buyer, Bryant of Tennessee, Smith of New Jersey pitals and Health Care held an oversight hearing and Whitfield; and public witnesses. concerning the results of the recent study by the In- stitute of Medicine on health effects in children of DEFENSE AUTHORIZATION individuals exposed to Agent Orange in Vietnam. Committee on National Security: Subcommittee on Mili- Testimony was heard from David Erickson, D.D.S., tary Procurement continued hearings on the fiscal Chief, Birth Defects and Genetic Diseases Branch, year 1997 national defense authorization, with em- National Center for Environmental Health, Centers phasis on the F–14 safety record. Testimony was for Disease Control, Department of Health and heard from Representative Clement; the following Human Services; Kenneth Kizer, M.D., Under Sec- officials of the Department of Defense: Gen. Harold retary, Health, Department of Veterans Affairs; and Blot, USMC, Deputy Chief of Staff, Aviation, U.S. public witnesses. Marine Corps; and Adm. Jay Johnson, USN, Vice HEALTH PROFESSIONS Chief of Naval Operations. Committee on Ways and Means: Subcommittee on DEFENSE AUTHORIZATION Health held a hearing on New Health Professions Committee on National Security: Subcommittee on Mili- and Graduate Medical Education Recommendations. tary Readiness continued hearings on the fiscal year Testimony was heard from public witnesses. 1997 national defense authorization, with emphasis PDD–35 on depot maintenance issues. Testimony was heard from David Warren, Director, Defense Management Permanent Select Committee on Intelligence: Met in execu- Issues, GAO; and John P. White. Deputy Secretary, tive session to hold a hearing on PDD–35. Testi- Department of Defense. mony was heard from departmental witnesses. MISCELLANEOUS MEASURES Joint Meetings Committee on Resources: Subcommittee on National Parks, Forests and Lands held a hearing on the fol- COMPREHENSIVE TERRORISM lowing bills: H.R. 639, West Virginia National Riv- PREVENTION ers Technical Amendments Act of 1995; H.R. 640, Conferees on Monday, April 15, agreed to file a con- West Virginia National Rivers Boundary Modifica- ference report on the differences between the Senate- D318 CONGRESSIONAL RECORD — DAILY DIGEST April 16, 1996 and House-passed versions of S. 735, to prevent and 1965, and to consider pending nominations, 9:45 a.m., punish acts of terrorism. SD–430. f Committee on Rules and Administration, to resume hear- ings on proposals to amend the Federal Election Cam- COMMITTEE MEETINGS FOR paign Act of 1971 to provide for a voluntary system of WEDNESDAY, APRIL 17, 1996 spending limits and partial public financing of Senate primary and general election campaigns, to limit con- (Committee meetings are open unless otherwise indicated) tributions by multicandidate political committees, and to reform the financing of Federal elections and Senate cam- Senate paigns, 10 a.m., SR–301. Committee on Appropriations, Subcommittee on Interior, Committee on Indian Affairs, to hold hearings on pro- to hold hearings on proposed budget estimates for fiscal posed legislation authorizing funds for fiscal year 1997 year 1997 for the Bureau of Indian Affairs/National In- for Indian programs, and to examine related budgetary is- dian Gaming Commission, 9:30 a.m., SD–138. sues from fiscal year 1996, 1:30 p.m., SR–485. Subcommittee on Defense, to hold hearings on pro- Select Committee on Intelligence, to hold closed hearings on posed budget estimates for fiscal year 1997 for the De- intelligence matters, 2 p.m., SH–219. partment of Defense, focusing on Air Force programs, 10 a.m., SD–192. House Subcommittee on Treasury, Postal Service, and General Government, to hold hearings on proposed budget esti- Committee on Appropriations, Subcommittee on Agri- mates for fiscal year 1997 for the Department of the culture, Rural Development, Food and Drug Administra- Treasury, focusing on the Financial Crimes Enforcement tion, and Related Agencies, on Congressional and public Network, the Federal Law Enforcement Training Center, witnesses, 1 p.m., 2362A Rayburn. the Bureau of Alcohol, Tobacco and Firearms, the U.S. Subcommittee on Commerce, Justice, State and the Ju- Customs Service, and the U.S. Secret Service, 2 p.m., diciary, on Legal Services Corporation, 10 a.m., and on SD–138. public witnesses, 2 p.m., H–310 Capitol. Committee on Armed Services, Subcommittee on Readi- Subcommittee on Interior, on Members of Congress, 10 ness, to hold hearings on the privatization of Department a.m., and 1:30 p.m., B–308 Rayburn. of Defense depot maintenance and other commercial ac- Subcommittee on Labor, Health and Human Services, tivities, 9:30 a.m., SR–222. and Education, on Postsecondary Education, 10 a.m., and Committee on Banking, Housing, and Urban Affairs, busi- on Educational Research and Improvement and Libraries, ness meeting, to consider a proposed resolution to author- and on Vocational and Adult Education, 1:30 p.m., 2358 ize the Committee to conduct an investigation of Madi- Rayburn. son Guaranty Savings and Loan Association and related Subcommittee on National Security, on Ballistic Mis- matters, amend the Committee’s rules to facilitate the in- sile Defense, 10 a.m., 2212 Rayburn. vestigation and related public hearings, and to authorize Subcommittee on Treasury, Postal Service and General the issuance of subpoenas, 9:30 a.m., SD–538. Government, on Anti-Drug Strategies, 2 p.m., and Cus- Committee on Energy and Natural Resources, Subcommittee toms Drug Interdiction, 3 p.m., 2360 Rayburn. on Parks, Historic Preservation and Recreation, to hold Subommittee on Veterans Affairs, Housing and Urban hearings on S. 695, to provide for the establishment of Development and Independent Agencies, on EPA, 9 a.m., the Tallgrass Prairie National Preserve in Kansas, and S. 2360 Rayburn and 1:30 p.m., H–143 Capitol. 1476, to establish the Boston Harbor Islands National Committee on Banking and Financial Services, Subcommit- Recreation Area, 9:30 a.m., SD–366. tee on Capital Markets, Securities and Government Spon- Committee on the Judiciary, Subcommittee on Adminis- sored Enterprises, oversight hearing on the Federal Na- trative Oversight and the Courts, business meeting, to tional Mortgage Association (Fannie Mae) and the Federal mark up S. 984, to protect the fundamental right of a Home Loan Mortgage Corporation (Freddie Mac), 10 parent to direct the upbringing of a child, 2 p.m., a.m., 2128 Rayburn. SD–226. Committee on the Budget, hearing on the Economic and Committee on Labor and Human Resources, business meet- Budget Outlook, 10 a.m., 210 Cannon. ing, to mark up S. 969, to require that health plans pro- Committee on Economic and Educational Opportunities, Sub- vide coverage for a minimum hospital stay for a mother committee on Workforce Protections, to mark up H.R. and child following the birth of the child, S. 295, to per- 3234, Small Business OSHA Relief Act of 1996, 10:30 mit labor management cooperative efforts that improve a.m., 2175 Rayburn. America’s economic competitiveness to continue to thrive, Committee on International Relations, Subcommittee on and S. 1643, to authorize appropriations for fiscal years Africa, hearing on Democratic Elections: Myth or Reality 1997 through 2001 for the Older Americans Act of in Africa? 10 a.m., 2200 Rayburn. April 16, 1996 CONGRESSIONAL RECORD — DAILY DIGEST D319

Subcommittee on Asia and the Pacific, hearing on Se- Subcommittee on Space and Aeronautics, hearing on curity in Northeast Asia: From Okinawa to the DMZ, fiscal year 1997 NASA Authorization, 10 a.m., 2325 1:30 p.m., 2172 Rayburn. Rayburn. Committee on the Judiciary, Subcommittee on Construc- Committee on Small Business, hearing on the Kemp Com- tion, to mark up H.R. 3235, to amend the Ethics in mission recommendations, 10:30 a.m., 2359 Rayburn. Government Act of 1978, to extend the authorization of Committee on Transportation and Infrastructure, Sub- appropriations for the Office of Government Ethics for 3 committee on Public Buildings and Economic Develop- years, 10 a.m., 2226 Rayburn. ment, hearing on the payment of stipends to bidders re- Subcommittee on Crime, to mark up H.R. 2650, Man- lating to the construction of Federal buildings under the datory Federal Prison Drug Treatment Act of 1995, 9:30 Public Buildings Act of 1959, 8:30 a.m., 2253 Rayburn. a.m., 2237 Rayburn. Committee on Veterans’ Affairs, Subcommittee on Com- pensation, Pension, Insurance and Memorial Affairs, to Committee on Resources, oversight hearing on funding mark up the following: H.R. 2843, Veterans’ Insurance programs to protect Endangered Species, 11 a.m., 1324 Reform Act of 1995; H.R. 2850, to amend title 38, Longworth. United States Code, to clarify the eligibility of certain Committee on Rules, to consider the Conference Report minors for burial in national cemeteries; H.R. 1483, to to accompany S. 735, Antiterrorism and Effective Death amend title 38, United States Code, to allow revision of Penalty Act of 1996, 1 p.m., H–313 Capitol. veterans benefits decisions based on clear and unmistak- Committee on Science, Subcommittee on Energy and Envi- able error; and H.R. 3248, Veterans’ Programs Amend- ronment, hearing on Department of Energy’s Energy Effi- ments of 1996, 9:30 a.m., 334 Cannon. ciency and Renewable Energy and Fossil Energy Programs Permanent Select Committee on Intelligence, executive, hear- fiscal year 1997 budget authorization, 1 p.m., 2318 Ray- ing on Dissemination, 10 a.m., and, executive, a briefing burn. on Update on North Korea, 3 p.m., H–405 Capitol. D320 CONGRESSIONAL RECORD — DAILY DIGEST April 16, 1996

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:15 a.m., Wednesday, April 17 11 a.m., Wednesday, April 17

Senate Chamber House Chamber Program for Wednesday: After the recognition of three Program for Wednesday: Consideration of H.R. 842, Senators for speeches and the transaction of any morning Truth in Budgeting Act; and business (not to extend beyond 10 a.m.), Senate will re- Consideration of H.R. 3019, FY96 Omnibus Appro- sume consideration of the conference report on S. 735, priations Conference Report. Terrorism Prevention Act. Senate will also vote on a motion to close further de- bate on the motion to proceed to consideration of S. Res. 227, relating to Whitewater Investigation Extension.

Extensions of Remarks, as inserted in this issue

HOUSE Houghton, Amo, N.Y., E533 Pelosi, Nancy, Calif., E537, E540 Kennedy, Joseph P., II, Mass., E542 Poshard, Glenn, Ill., E548 Ackerman, Gary L., N.Y., E538 King, Peter T., N.Y., E534, E549 Rahall, Nick J., II, W. Va., E532 Baker, Bill, Calif., E530 Lantos, Tom, Calif., E532, E533, E537, E540 Richardson, Bill, N. Mex., E537, E539 Ballenger, Cass, N.C., E528 LaTourette, Steve C., Ohio, E538 Ros-Lehtinen, Ileana, Fla., E548 Barton, Joe, Tex., E533 Levin, Sander M., Mich., E539 Roukema, Marge, N.J., E546 Bilirakis, Michael, Fla., E547 Lewis, Jerry, Calif., E529 Serrano, Jose´ E., N.Y., E530 Bonior, David E., Mich., E527 Manton, Thomas J., N.Y., E530 Shuster, Bud, Pa., E543 Brown, Sherrod, Ohio, E535 Martini, William J., N.J., E536, E538, E540 Smith, Nick, Mich., E550 Burton, Dan, Ind., E541 Mascara, Frank, Pa., E546 Solomon, Gerald B.H., N.Y., E542 Camp, Dave, Mich., E542 Meek, Carrie P., Fla., E527, E547 Spence, Floyd, S.C., E528 Chenoweth, Helen, Idaho, E527 Miller, George, Calif., E543 Stark, Fortney Pete, Calif., E535 Combest, Larry, Tex., E527 Mink, Patsy T., Hawaii, E542 Stokes, Louis, Ohio, E545 Cox, Christopher, Calif., E534 Murtha, John P., Pa., E529 Tiahrt, Todd, Kans., E543 Deutsch, Peter, Fla., E548 Norton, Eleanor Holmes, D.C., E531, E540 Vento, Bruce F., Minn., E544 Ewing, Thomas W., Ill., E544 Obey, David R., Wis., E547 Visclosky, Peter J., Ind., E539 Farr, Sam, Calif., E532, E535 Orton, Bill, Utah, E549 Ward, Mike, Ky., E549 Filner, Bob, Calif., E531 Packard, Ron, Calif., E529 Watts, J.C., Jr., Okla., E541 Hastert, Dennis J., Wash., E548 Pallone, Frank, Jr., N.J., E534 Weller, Jerry, Ill., E529, E543 Hayes, James A., La., E530 Pastor, Ed, Ariz., E538

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