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, WEDNESDAY, SEPTEMBER 25, 1996 No. 134 Senate The Senate met at 9:30 a.m., and was Senators carrying our Nation’s burdens Mr. LOTT. Mr. President, I yield to called to order by the President pro and responsibilities lose Your voice the Senator from North Dakota. The tempore [Mr. THURMOND]. amid all the voices that plead for their guest Chaplain this morning is from The PRESIDENT pro tempore. We attention. If Your voice is still and his church. have a guest Chaplain this morning, small, give them quiet hearts, peace- the Reverend George W. Evans, Jr., of filled minds, and receptive souls so f the Redeemer Lutheran Church in they may discern Your presence and be McLean, VA. drawn to Your ways. Never are they THE GUEST CHAPLAIN We are pleased to have you with us. apart from You. It is urgent that they have the strength of this knowledge. Mr. DORGAN. Mr. President, I appre- PRAYER Likewise, protect their homes and ciate the courtesy of the Senator from The guest Chaplain, the Reverend Dr. loved ones with the security of Your Mississippi. The prayer this morning George W. Evans, Jr., the Redeemer presence. Let no press of events, no cal- was offered by the Reverend George Lutheran Church, McLean, VA, offered endar, no clamor for attention, no tu- Evans, who is pastor at Redeemer Lu- the following prayer: mult of the day detract from the plain theran Church in McLean, VA. Let us pray. Holy Father, ever mind- task of pursuing what You call needful, ful of us, ever with us, of that we have right, and just. When I remain in Washington, DC, on been assured. It is true. We spend our O God, blessed are You. O God, bless the weekends, I attend Pastor Evans’ days in Your sight. So teach us and so these Senators in this day’s labors and church. He is truly an inspiring Chris- guide us that we may be mindful of through them the people of our land. In tian leader. He comes from Pennsyl- Your presence. Your name. Amen. vania. He was a Chaplain in the Marine Corps for this country. Has served In this honored Chamber for debate f and decision, where the weight of gov- America and now serves his Christian ernment rests on the minds and hearts RECOGNITION OF THE MAJORITY duties in McLean, VA, at Redeemer Lu- of these chosen women and men who LEADER theran Church. I am very pleased he contend here in the name of all our The PRESIDENT pro tempore. The was able to be with us here in the U.S. people, cause Your presence to mold able majority leader, Senator LOTT of Senate today to offer the opening pray- what occurs. Intrude, O God, lest these Mississippi, is recognized. er. Mr. President, I yield the floor.

N O T I C E A final issue of the Congressional Record for the 104th Congress will be published on October 21, 1996, in order to permit Members to revise and extend their remarks. All material for insertion must be signed by the Member and delivered to the respective offices of the Official Reporters of Debates (Room HT–60 or S–220 of the Capitol), Monday through Friday, between the hours of 10:00 a.m. and 3:00 p.m., through October 21. The final issue will be dated October 21, 1996 and will be delivered on October 23. None of the material printed in the final issue of the Congressional Record may contain subject matter, or relate to any event, that occurred after the sine die date. Senators’ statements should also be submitted electronically, either on a disk to accompany the signed statement, or by e-mail to the Official Reporters of Debates at ‘‘Record at Reporters.’’ Members of Congress desiring to purchase reprints of material submitted for inclusion in the Congressional Record may do so by contacting the Congressional Printing Management Division, at the Government Printing Office, on 512–0224, between the hours of 8:00 a.m. and 4:00 p.m. daily. By order of the Joint Committee on Printing. WILLIAM M. THOMAS, Chairman.

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

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VerDate Aug 31 2005 00:20 Jul 01, 2008 Jkt 041999 PO 00000 Frm 00001 Fmt 4624 Sfmt 8633 J:\ODA16\1996_F~1\S25SE6.REC S25SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S11212 CONGRESSIONAL RECORD — SENATE September 25, 1996 Mr. LOTT addressed the Chair. not get an agreement, I am going to information available to us than we The PRESIDENT pro tempore. The call it up, somebody is going to have to have ever had in history—imagine 100 majority leader is recognized. come over here and object, and a very, years ago how much we knew in Wyo- Mr. LOTT. Thank you, Mr. President. very important piece of legislation ming about what was going on in f that everybody knows we should pass Washington. Very little. If we did, it will be gone for the year, because be- was much after the event had hap- SCHEDULE yond today—Thursday, Friday, Satur- pened. Now we know instantly, of Mr. LOTT. Mr. President, this morn- day, Sunday, Monday—we are going to course. The paradox is that it seems to ing, to accommodate a number of re- be involved in the partial-birth abor- me it is more difficult for us as voters quests by Senators, there will be a pe- tion ban debate and a vote tomorrow, now to kind of weed out among all the riod for morning business until the and we are going to be involved in the stuff that is out there as to what the hour of 12 noon. Following morning continuing resolution, the DOD appro- real issues are. Whether it is the fault business, the Senate will proceed to ex- priations conference report, and the il- of the media, whether it is the idea of ecutive session in order to consider the legal immigration reform bill. There the media picking out the emotional International Natural Rubber Treaty will not be any time for any other chit- things, whether it is the idea of profes- Agreement under the parameters of a chat, even 1 hour on these other issues. sional campaign planners who spin and previous unanimous-consent agree- So for those of you who are inter- intentionally blur the issues, whether ment. I understand that a rollcall vote ested in parks, those of you interested it is a Congress and an administration will not be necessary on that treaty in NIH, those of you who think pipeline that seek to make the choices less and that some of the debate time prob- safety is something we should do—by clear, I do not know. Perhaps it is a ably will be yielded back. the way, that legislation needs to be combination of each of those. Nevertheless, you and I have a re- Following the disposition of that done before the end of the month also sponsibility to choose. On my way back treaty, the Senate may be asked to or we are going to have a lot of expir- turn to consideration of any of the fol- Sunday, I had a book I have been in- ing laws on our hands. I hope the Sen- tending to read about the Constitution. lowing matters: the pipeline safety ators will get serious. I have my doubt bill, with only one nongermane issue I was struck by the idea that the Con- that they are serious. But I also have stitution, and more particularly the remaining unresolved; the work force my limits in what I can do working development conference report—we at- Bill of Rights, was designed exclusively with the Democratic leader because we to limit the powers of Government. tempted to reach a time agreement on have people coming and saying, ‘‘Well, that one, but have been unsuccessful; You do not find in the Bill of Rights, can we just have 6 hours? 4 hours? 1 the Government will do this, the Gov- we will keep working on that—the de- hour?’’ They are all gone. Today is the bate on the veto message to accompany ernment shall do this, the Government day. Do it today or it will be gone for shall provide that. It says, the Govern- the partial-birth abortion bill override, the year. the NIH reauthorization bill, or any ment ‘‘shall not.’’ I yield the floor, Mr. President. The great concern of our forefathers other items that can be cleared for ac- was to make sure that we limit the tion. f central Government, limit the power of The Senate may also be asked to RESERVATION OF LEADER TIME central Government. Still, it seems to begin consideration of the continuing The PRESIDING OFFICER (Mr. me, in our own way, in our own judg- resolution, if an agreement can be GREGG). Under the previous order, the ment, that is the choice we make. How reached as to how to proceed on that. I leadership time is reserved. do we see the Government? What do we continue to say that I would be glad to f think the role of the Federal Govern- begin the debate and allow amend- ment is? Is it to provide all the little ments to be offered as long as there is MORNING BUSINESS nice things we would like to have hap- some order to it as to what we can ex- The PRESIDING OFFICER. Under pen personally in our lives? Every day pect to happen and when it would be is a new program for something that is completed. But just to start down the the previous order, there will now be a period for the transaction of morning probably pretty nice. Is that the role? trail without any end in sight, without Or is the role more one of insuring free- any certainty as to how we proceed, I business not to extend beyond the hour of 12 noon, with Senators permitted to dom, insuring opportunity, insuring an do not believe is in the best interest of environment in which the private sec- the Senate. We will continue to work speak for not to exceed 5 minutes each. Senator THOMAS from Wyoming is tor can function, providing for strong on that. I hope we will be able to begin local government, State and county? that appropriations bill today. recognized for a period of 30 minutes. Mr. THOMAS. Thank you, Mr. Presi- These are the decisions, and I know We do have the end of the fiscal year my prejudices are pretty well arranged. dent. next week, on Monday as a matter of I seek to have a Federal Government fact. It is imperative that we finish the f that is the protector of those things, work on that bill as quickly as pos- ELECTION TIME IS DECISION TIME rather than a provider of those things. sible. Obviously, there are things that are ap- I note that there are very important Mr. THOMAS. Mr. President, several propriate for the Federal Government negotiations underway now to wrap up, of us want to continue our discussions to do—in interstate commerce, in de- not only the amounts in that con- of the upcoming election, discussions fense and those kind of things. Those tinuing resolution, but also language that have to do with the issues that are are the decisions that we will make. I that would be included. We are hoping involved. It is election time. Of course, hope each of us is prepared to do that. we will be able to take up the illegal as evidenced by what the leader said I happen to think we have begun to immigration bill also in some form be- today, the time is short. It is election do some of those things in the last 2 fore we go out for the year. time, and it is decision time. This is a years in this Congress, and, in fact, Senators should be alerted that roll- government of the people, by the peo- this has been one of the most effective call votes are expected to occur ple, and for the people. Therefore, there Congresses we have had for a very long throughout the day, but we do not have is a responsibility for all of us, as vot- time. Unfortunately, our minority any agreed-to time right now as to ers, of course, to participate in the leader does not agree with that. He was when that might happen. election, to participate as informed quoted as saying this has not been a One final cautionary note. I do not voters. productive Congress. I am sorry to hear feel a sense of urgency yet. I think If we are to have self-government, him say that. I do not agree. We will Senators are still feeling, well, we can then the decisions and the direction talk about a number of things that agree later. Time is running out. Ex- that this country takes must be the re- have been done, things I believe move ample A is NIH reauthorization. Every- sult of the composite wisdom of voters. us more into the direction of a smaller body says they want it, but we con- That time has arrived. Federal Government, a less expensive tinue to not be able to bring it up. It seems almost a paradox that in a Federal Government, a less regulated Today is the last day for NIH. If we do time when technically we have more society.

VerDate Aug 31 2005 00:20 Jul 01, 2008 Jkt 041999 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S25SE6.REC S25SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 25, 1996 CONGRESSIONAL RECORD — SENATE S11213 Lower taxes: In the 104th Congress, Regulatory reform: Unfortunately, Mr. President, we have some choices. the Republicans passed a $245 billion the real broad one was killed. I think it The choices, frankly, are rather clear. tax cut, including a $500 child tax cred- should have been passed. A lesser one We can go back where we were or we it to move toward allowing families to was passed. can continue the kinds of things that spend their own money, to allow fami- Mr. President, we have done a lot of have been done in this Congress in the lies to provide for their children. Un- things this time. Line-item veto: A last 2 years, and it does need an oppor- fortunately, it was vetoed by the Presi- line-item veto in 40 years has not been tunity to continue. You can’t change 40 dent. done. This Congress passed a line-item years of history and turn things around Lower spending: This Congress has veto. in 2 years. Despite the difficulties, it is cut spending $9.3 billion in 1995, and $23 Congressional accountability: People my view that this Congress has done billion in 1996 was eliminated from 270 in this place, now, have to live under exceptionally well and will go down in programs. That is good. I think that is the same rules in their offices and in history as one who has sought to turn a real movement. The administration their conduct, the same as everybody the direction of this country. I hope claims to have reduced the size of Gov- else, in the laws they pass for others. that we continue to do that. ernment. Indeed they have—they Reduce congressional funding, small I yield the floor. claim, 200,000. The fact is that most business regulatory reform, gift ban. Mr. INHOFE addressed the Chair. was from the base closures, civilian Mr. President, I think this has been The PRESIDING OFFICER. The Sen- employees of defense; the other was the an extremely successful Congress. The ator from Oklahoma is recognized. termination of the savings and loan. choice with respect to the election is, f Nevertheless, it reduced employees, do we want to continue in this direc- tion, or do we want to go back to where THE POSITIVE ACCOMPLISHMENTS and that is good. OF CONGRESS Balanced budget: How many times we have been for 40 years in continuing before the last 2 years did you hear to grow with the kind of Lyndon John- Mr. INHOFE. Mr. President, we hear people talking about balancing the son programs we have had? That is the so many negative things, and it is kind budget? Not very much. It has not been choice. It is really the choice. of enjoyable to talk about what has balanced in 40 years. Now, suddenly, I think, in addition, and perhaps as been accomplished sometimes. The everyone is for it. The discussion is important as anything, this Congress Senator from Wyoming has been very not, do you balance the budget; the dis- has changed the culture of Washington. articulate in expressing those positive cussion is, how do you do that? Unfor- For the first time, I think, in a very things. I remember in 1987 when I was tunately, the balanced budget amend- long time—certainly for the first time first elected to the other body. We had ment to the Constitution was defeated since I have been here in 6 years—the as our class project at that time to re- here. Nevertheless, we now are on the Congress really took a look at pro- peal the earnings test. I have always road to a balanced budget. grams that exist and said, do they need felt there is nothing more un-American Ending welfare as we know it: We to continue to exist? If so, can they be than to tell the people in America that have done that, something that has not done more efficiently? Could they be once you reach a certain age, you have been done for a very long time, pro- done more efficiently by the States or to become nonproductive, and if you viding the States more opportunity to local government? These are the kind are not nonproductive, then we are do something about the entitlement as- of things that need to be examined con- going to take away some of your Social pect of welfare. Everybody wants to stantly. Security. Well, we tried for about 10 help people who need help. The ques- I have a bill that I hope gets consid- years to get that done, and it was not tion is, how do we help them to help eration next year which would give us until we had a Republican Congress themselves? That is what we have a biannual budget so we do not each that we were able to have a major re- sought to do. It took three times to get year spend all of our time on appro- form. We haven’t totally repealed it, it passed. Nevertheless, it is a success. priations bills. As you can see by the but we will phase into a position where Market-based health reform: Port- leader’s comments this morning, we we actually will be telling the people of ability, availability, limited medical are still working on them, and we will America that you are not going to be savings account, the end to preexisting not get them done at all this year. We punished if you decide to be productive condition exclusions, combat fraud and do that every year. I hope, as most past a certain age. waste in health care. A success. States do, we can go to a biannual Many years ago, I was the mayor of a Here is an interesting one, ensuring budget. It is better for agencies. Then major city in America, Tulsa, OK, and access to higher education. This Con- we can spend the last year with over- every time I go and talk to mayors gress increased student loan volume by sight, looking at programs, to see if in- now, I say, ‘‘Tell us what the major 50 percent, from $24 billion to $36 bil- deed this is a better way to do it. problem facing your city has been.’’ lion in 2002. Unfortunately, it was ve- There are a great many things we They don’t say it’s crime in the streets toed as part of the balanced budget can do, a great many things we have and welfare. They say it’s unfunded amendment. done. Mr. President, my whole point is, mandates. I can remember so well as Farm programs: Many of us have in this election, we make some choices. the mayor of the city of Tulsa when been involved in farm programs for a It is not always easy. It is not always the Federal Government would come very long time. Most everyone has said easy to determine where the choices and tell us certain things that we had we need to move toward market ori- lie, of course. We see all the advertise- to do, and if we didn’t do it, they are entation, toward the marketplace. Fi- ments, and sometimes you wonder going to be taking money away from nally, we have done that over a period where they are. But I think we have a us, or if we did it, we would have to pay of 7 years. Agriculture is moving to- responsibility to ask, to seek, to point for it ourselves. Consequently, it would ward a market-oriented economy. It out where these things are. Where do be up to us to allow Congress in Wash- needs to be done. Finally, it is done. you stand on the balanced budget ington, with all of the lofty attitudes We helped to end lawsuit abuse. Se- amendment? Where do you stand on that they seem to portray here, to say curities litigation was passed. Unfortu- less Government rather than more? that we have done these wonderful nately, it was vetoed. Telecommuni- Where do you stand on less taxes rath- things for the people of America, and cations was passed. A deregulation of er than more? I think those are the to say that some political subdivision telecommunications which give us basic issues that you and I need to de- underneath them—the cities, or coun- some of the kind of new opportunities cide. I urge we all do that. ties, or States—had to pay for them. to communicate that we have never There are other issues, of course. The We passed an unfunded mandates bill had. issue of character, I think, is one. I where we are not going to be faced with Unfunded mandates is something think we have to ask ourselves, what that anymore. I would like for it to that local governments have been talk- do we expect of leaders in terms of have been retroactive, but it could not ing about for a very long time. Un- character? As we look back, character have been. So that has been resolved. It funded mandates reforms were passed has been an important factor, has been is a major reform, and it was done by this time. a key factor, and continues to be. this Congress. I am very, very proud of

VerDate Aug 31 2005 00:20 Jul 01, 2008 Jkt 041999 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S25SE6.REC S25SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S11214 CONGRESSIONAL RECORD — SENATE September 25, 1996 that. I counted the reforms we have thing about property rights. Well, that a bill that would make America com- passed, and I would challenge anybody is one area where we have not been suc- petitive again, and the President ve- to find a 10-year period in history when cessful. I would like to say that we are toed it. there have been more reforms passed able to pass all of the reforms that we So I think we have a lot of things by Congress than we have passed. wanted to pass. Unfortunately, several that we wanted to do. There was the Congressional accountability—the of them were vetoed by this President. $500-per-child tax credit, which the fact that we now have to live under the The reform that will go down, I think, President vetoed. There was regulation same laws that we impose upon other in history as the most significant re- reform, and some of the marriage pen- people in the rest of the country. I form that the public is aware of would alties that we were going to correct, spent 30 years in the private sector. I be welfare reform. I have to remind you and the President vetoed it. understand what it is like to have to that President Clinton vetoed this bill In spite of that, we have been a very live under an overregulated society, twice. We passed a welfare reform bill productive House and Senate, and I am and, yet, Members of Congress histori- that was based on what he campaigned very proud of the major reforms that cally have been exempt from most of on for President in 1992. He vetoed it, have passed. I only regret that we were those impositions. Now they are going and then he vetoed it a second time. unable to get them all passed because to have to live under the same laws But just as we are getting into the of the vetoes of the President, and per- that we pass for other people. I think final stages of the Presidential election haps that will change in the near fu- that is a major accomplishment of this year, he has signed it. At the same ture. Republican Congress. time, he has whispered to his friends on I yield the floor and suggest the ab- The line-item veto: As long as I can the left that if he is reelected, he will sence of a quorum. remember, we have talked about that— change some of the reforms that we The PRESIDING OFFICER. The about reforming the line-item veto. A have in the welfare bill. clerk will call the roll. lot of my friends say, well, I would like There are three things I have often The assistant legislative clerk pro- to have the line-item veto, as long as said that make us globally non- ceeded to call the roll. we know we have a conservative in the competitive, Mr. President. One is that White House, or the other side of the we are overtaxed. The other is we are Mr. BROWN. Mr. President, I ask fence would say they would like to overregulated. Third is our tort laws in unanimous consent that the order for have a line-item veto as long as we this country. I was proud to be a part the quorum call be rescinded. have a liberal there. But I suggest to of the success in changing our tort The PRESIDING OFFICER (Mr. you, Mr. President, that they miss the laws as it pertains to just one manufac- INHOFE). Without objection, it is so point when they say that, because all a turing item: airplanes and airplane ordered. line-item veto does is force the Presi- parts. I have about a 39-year history dent and Congress to be accountable. and background in aviation. So I know f Republicans and Democrats in the a little bit about that. Prior to 1970, we White House, for decades, have been made almost the entire world supply of SENATOR PAUL SIMON airplanes in the United States—a able to say, well, I didn’t want that Mr. BROWN. Mr. President, I rise to major export item. And then, over the law, but I had to either sign that be- pay tribute to our departing colleague, cause veterans benefits are in there, or 10-year period of the 1970’s, and up PAUL SIMON. something else was in there, and con- through to the present time, we quit All of us have an image of what a sequently they go ahead and sign some- making single-engine airplanes in U.S. Senator ought to be. It will not thing that they say they are opposed America. We quit making them only surprise anyone that not all who serve to. This forces them, or him, or her, for one reason, which is that you can’t here measure up. PAUL SIMON is some- Democrat or Republican, to be ac- be globally competitive and offset the one who clearly measures up. He is countable, so that if there is 1 thing cost of all these lawsuits. So we have thoughtful, hard-working, and com- out of 25 things in a bill that he doesn’t lawsuit after lawsuit against manufac- mitted. He has a clear philosophy and like, he can veto it and send it back, turers of airplane parts and of air- the integrity to stand up for it. PAUL’S and that makes us accountable. planes where maybe it has worked per- So the whole idea there is account- fectly well for 50 years, but all of a sud- manner is open. His approach is ability. We have passed that. I feel very den there is an accident and they will thoughtful and considerate. He is one good about it and think that is a major go back and get a multimillion-dollar who cares more about solving problems improvement. Back before I was in the judgment against the manufacturer, than making himself look good. U.S. Senate, I represented an all-urban and, consequently, our manufacturers I think of him as a part of a long line area, primarily one county in the State either went broke or quit making small of Senators from Illinois that are epit- of Oklahoma. So I did not have much of airplanes. omized by Paul Douglas. Perhaps I the agricultural areas and interests in I remember the case of Piper Air- should say that in my mind Paul Doug- my district. But I found, as I traveled craft. They said to the bankruptcy las is epitomized by PAUL SIMON be- around the State after becoming a court, ‘‘We can move our plant and all cause both of them brought great in- Member of the U.S. Senate, where I had of our equipment to Canada and make tegrity and intellect to this body. largely an agricultural State, the peo- the same airplanes and supply the It is not unusual for PAUL SIMON and ple who are in the farm communities in same market and do so at a profit be- I to be on opposite sides of an issue. Oklahoma—and I suspect it is that way cause of the fact that they don’t have But, I have never found him to be un- throughout the Nation—really have the tort laws we have in this country.’’ willing to listen or unwilling to be ob- felt that we have had a failed agricul- So we passed a bill. Even though the jective. He is the kind of person who tural policy in this country, that we President made a commitment to veto comes here to serve, who displays in- have imposed upon our farmers things any kind of meaningful tort reform, he tegrity in office, and places the integ- that they must do. Yet, they are not signed it because we had so much pres- rity of his person above selfish inter- free to plant what they think the mar- sure out there. People realized this is a ests. ket will bear and what will best take major manufacturing area that could It has been a great privilege for me care of their needs. benefit all of America. to work with PAUL SIMON. He is some- Well, the Freedom to Farm Act was In Oklahoma alone, we can identify one I admire now and I will admire him passed, and I find, as I go around—as I 4,000 jobs as a result of that one tort re- for the rest of my life because he em- did, as a matter of fact, only Monday of form. Well, it would only stand to rea- bodies, the best that is in us. He has this week. I had, I think, seven town son that if we can put America back brought this body a nobleness which is meetings throughout agricultural into making airplanes by having tort in short supply. As one who hopes the areas in Oklahoma. They all think it is reform, insofar as the manufacture of Republican Party will win the seat in very good. airplanes and parts is concerned, why Illinois, I will still be sad to see PAUL Do you know what else they think, not spread that across the entire man- SIMON go. He has enriched this body. Mr. President? They want to do some- ufacturing base? So we did. We passed He has enriched all of

VerDate Aug 31 2005 00:20 Jul 01, 2008 Jkt 041999 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S25SE6.REC S25SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 25, 1996 CONGRESSIONAL RECORD — SENATE S11215 us who have had the pleasure to serve Medicare they have earned. They cause they know Medicare was put on with him. should also be able to keep their own the chopping block by this Republican I yield the floor. doctor, and be protected against profit- Congress. Mr. KENNEDY. Mr. President, I eering by private insurance companies. Despite various promises made prior thank my friend and colleague from Senior citizens deserve quality nurs- to the 1994 election that there would be Colorado for those excellent words ing home care, without bankrupting no cuts in Medicare, the Republicans about a colleague—a very serious trib- their families. President Clinton has proposed cuts of $270 billion to Medi- ute, a very sincere one, and we are led the effort to fill the gaps in Medi- care to pay for a $245 billion tax cut. grateful to him as a friend of PAUL’S care by providing coverage for pre- Now Bob Dole is talking about an eco- for his observations about his service. I scription drugs, and for long-term care nomic plan that will cost $681 billion thank him for his very generous com- in a nursing home or a senior citizen’s over a 7-year period. He has indicated ments. I am sure Senator SIMON will, own home. he is not going to cut the defense budg- but I would certainly agree with all of Americans deserve protection against et; in fact, he has said he would in- his conclusions. I thank him for mak- the excesses of insurance companies crease the defense budget with addi- ing those views clear on the Senate that put healthy profits above healthy tional funding for B–2 bombers and a floor today. patients. They deserve a strong FDA to number of other areas. The PRESIDING OFFICER. Under protect people from harmful drugs, The whole question is how can we the previous order, the Senator from guarantee a safe food supply, and crack have any confidence that the Medicare Massachusetts is recognized for up to down on shameful tobacco industry cut is not going to be of a similar pro- 30 minutes. practices that entice children to start portion in spite of his statements made f smoking. prior to the election. ‘‘President Clin- These are basic principles that the ton and Vice President GORE are re- THE CONGRESS, THE PRESIDENT, vast majority of Americans support— sorting to scare tactics falsely accus- AND HEALTH CARE but not Bob Dole, NEWT GINGRICH, and ing Republicans of secret plans to cut Mr. KENNEDY. Mr. President, this Republicans in Congress. NEWT GING- Medicare benefits.’’ Bob Dole said this past weekend, Bob Dole used his Satur- RICH has said that he wants Medicare just before the election in 1994. Haley day radio address to attack the Presi- to wither on the vine.’’ House Majority Barbour said the same thing: ‘‘As far as dent’s record on health care. He re- Leader DICK ARMEY has called it a pro- I’m concerned, the Democrats’ big lie peated his attack yesterday. He even gram that he would have no part of in campaign is that the Contract With claimed credit for passage of the Kasse- a free world.’’ Bob Dole said that he is America would require huge Medicare baum-Kennedy health insurance reform proud to have voted against Medicare cuts. It would not.’’ bill. at the beginning. As he told the Amer- Soon after the election, the GOP in- Few issues are more important to the ican Conservative Union, ‘‘I was there, troduced their plan: $270 billion in cuts American people than access to afford- fighting the fight, voting against Medi- in Medicare to pay for $245 billion in able, quality health care. They want it care, one of twelve, because we knew it tax cuts. for their children, for their parents, wouldn’t work.’’ Republicans in Congress didn’t stop and for themselves. But Bob Dole was That was said not in 1965, Mr. Presi- with Medicare. They also proposed deep wrong on his facts, and he was wrong in dent, but in his run for the Presidency. cuts in Medicaid—a devastating one- his conclusions. The Dole-Gingrich Republican budget two punch for senior citizens and the On health care, the choice in Novem- would have slashed Medicare by $270 disabled. Under the GOP plan, 9 million ber is clear. President Clinton and billion. Under the Republican budget Americans—children, senior citizens, Democrats in Congress stand on the Bob Dole forced through the Senate, and the disabled—would have lost side of American families. Bob Dole Medicare premiums would have dou- health care coverage under Medicaid. and the Republican leadership in Con- bled, deductibles would have doubled, They proposed to slash the program by gress have consistently put families and the Medicare age of eligibility $180 billion. They also proposed to last and special interests first when it would have been raised. eliminate Federal nursing home qual- comes to health care and health re- Every senior couple would have paid ity standards—not modify them, not form. an additional $2,400 over the life of the improve them, but eliminate them. The Republican leadership in this plan in increased premiums alone. No one should be forced to go back to Dole-Gingrich Congress tried to slash Make no mistake, Bob Dole and the Re- the time before Federal nursing home Medicare. They tried to trash Med- publican Congress are no friends of quality standards were enacted in 1987. icaid. Bob Dole personally tried to kill Medicare. Elderly patients were often allowed to the Kassebaum-Kennedy bill. The Re- To make matters worse, Bob Dole go uncleaned for days, lying in their publican leadership blocked mental and NEWT GINGRICH formed an unholy own excrement. They were tied to health parity and new protection for alliance with the private insurance in- wheelchairs and beds under conditions mothers and infants, until Democratic dustry to try to privatize Medicare, to that would not be tolerated in any pris- members of Congress forced them to force senior citizens to give up their on in America. act. Republicans continue to resist en- family doctor, leave conventional Deliberate abuse and outright vio- actment of a simple rule telling HMO’s Medicare, and join a private insurance lence were inflicted on helpless senior and insurance companies that they plan. The Republicans claimed their citizens by callous and sadistic attend- can’t prohibit doctors from telling pa- plan was intended to give senior citi- ants. Painful, untreated, and com- tients about medical treatments they zens a choice. But as all elderly Ameri- pletely avoidable bedsores were wide- need. cans know, giving up the doctor they spread. Patients were scalded to death Throughout this Congress, Repub- have chosen to provide billions of dol- in hot baths and showers, sedated to licans have been obstructionists on lars in profits for private insurance the point of unconsciousness, or iso- health care reform. There is no reason companies is no choice at all. Again lated from all normal life—all because to believe they will deal constructively and again, Congress voted on these fly-by-night nursing home operators with the problems facing our health issues. Again and again, Bob Dole were profiteering from the misery of care system if they retain control of voted with most Republicans in favor their patients. the Congress or win the White House. of private insurance plans and against Congress stopped all that by insisting President Clinton and Democrats in senior citizens. that all nursing homes must meet Congress are committed to genuine Bob Dole claimed before the 1994 basic standards. Yet those are the progress on health reform. The Amer- election that Republicans had no plan standards that Bob Dole and NEWT ican people know we’re on their side. to cut Medicare. He said that President GINGRICH tried to eliminate. They Every American who works hard and Clinton and the Democrats were just would also have removed protections plays by the rules should have access using scare tactics. Bob Dole is saying against impoverishing children and to affordable health insurance cov- the same thing this year—but this time spouses of senior citizens who need erage. Senior citizens deserve the the American people know better, be- nursing home care.

VerDate Aug 31 2005 00:20 Jul 01, 2008 Jkt 041999 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S25SE6.REC S25SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S11216 CONGRESSIONAL RECORD — SENATE September 25, 1996 Democrats opposed all of these Re- to bring the bill forward and succeeded Finally, with increasing pressure publican schemes. As the debate in in delaying it for 9 months. And, if he from the public, Senator Dole finally Congress took place and the American had his way, he would have killed it. agreed to schedule the bill—but he still people came to understand what was at The gridlock finally began to break delayed its consideration to April 15, at stake, Republicans retreated from when President Clinton highlighted the the earliest. their most extreme proposals. But the bill in his State of the Union Address Anyone would think that there was retreat was always grudging. The de- last January. When the press focused tremendously important legislation sire to roll back basic protections was on the anonymous holds that were tieing up the floor for these many always there. If Republicans retain holding the legislation captive and months. But what was Senator Dole control of the Congress, we are likely Senator Dole’s refusal to bring it to finding time for? Mostly nothing. Of to see a new Republican effort to enact the floor, public pressure began to course, there was work going on off the these cruel and unfair proposals. mount. But he still refused to act. Only Senate floor on the budget, but for The Dole-Gingrich Republican plan when the ‘‘Nightline’’ program con- most of February, Senator Dole kept for Medicare and Medicaid made a fronted Senator Dole directly in New the Senate out of session, so he could mockery of the family values they Hampshire and demanded to know why campaign. When he came back to claim to support. Under their plan, he was holding up the legislation did he Washington, his main priority was ex- millions of elderly Americans would finally agree to bring the bill to the tending Senator D’AMATO’s investiga- have been forced to go without the floor. tion of Whitewater. He also found time health care they need. Millions more How ironic that Senator Dole has the to schedule votes on legislation that would have to choose between food on gall to claim credit for the insurance would have gutted food safety, environ- the table, adequate heat in the winter, reform bill. It passed the Labor Com- mental safety and a host of other con- paying the rent, or paying for medical mittee in August. It was on the Senate sumer protection for the benefit of big care. Senior citizens have earned their Calendar by the beginning of October. business. But health insurance protec- Medicare benefits. They have paid for Time and time again, Senator Dole was tion for the American people was not them. They deserve them. And we don’t asked to bring the bill up by Senator on Senator Dole’s priority list. And he intend to let Republicans take them KASSEBAUM and myself. We asked for wants to claim credit for this legisla- away. floor time in November, but he refused. tion. President Clinton and Democrats in Senator KASSEBAUM and I, we asked for Even when the bill passed the Senate, Congress stopped the Republican as- floor time in December, but he refused. Bob Dole and the House leadership still sault for the time being. Now it is up We asked for floor time in January, but delayed it for months by their insist- to the American people to stop it for he refused. And he claims credit for ence on stacking the deck of the con- good, by the ballots cast in November. this legislation. ference to include a provision on med- Republicans must never again have the What was Bob Dole’s excuse? Well, ical savings accounts that was a give- opportunity to turn Medicare into a there were holds on the bill—anony- away to the Golden Rule Insurance Co. slush fund for tax breaks for the mous holds. But those holds were not and a threat to everyone with a com- wealthy. anonymous to the majority leader. He prehensive insurance policy. As late as the day before the bill was Younger Americans, too, deserve af- knew who was blocking the bill. And he finally passed, congressional Repub- fordable health insurance for them- knew that he could bring the bill to the licans and their special interest allies selves and their families. President floor any time he wanted. But he did in the insurance industry were trying Clinton has fought hard to give all nothing—because his friends in the in- to weaken key provisions allowing peo- Americans the guarantee that health surance industry did not want the bill ple to buy individual insurance cov- care will be there when they need it. to pass. And he claims credit for this erage if they lost coverage through an The Kassebaum-Kennedy health in- legislation. surance reform bill passed by this Con- employer. It was President’s Clinton’s call to For many months this moderate, gress will end some of the worst abuses pass this legislation in the State of the non-partisan bill was adamantly op- in the current system. It guarantees Union on January 23 that focused the posed by insurance companies that that, as long as you faithfully pay your attention of the press and the public on profit from the worst abuses of the cur- premiums, your insurance cannot be the Senate’s failure to act. Editorials rent system. And Bob Dole was ac- taken away—even if you become seri- called for action, but still Senator Dole tively supporting their opposition and ously ill, or lose your job, or change refused. There were holds on the bill, delay. your job. Under that bill, insurance he said—even though everyone knows The story of insurance against men- companies can no longer impose pre- that a majority leader can override any tal illness is similar. The Domenici- existing condition exclusions on your hold from any Senator. But Bob Dole Wellstone amendment to give the men- coverage, as long as you do not let still refused to act. tally ill and their families fair treat- your insurance lapse. The bill opens The press kept up its drumbeat. What ment was a bipartisan effort. It re- the door of opportunity for Americans is this rolling hold? Where is Senator ceived overwhelming votes in the Sen- locked in their current job and afraid Dole? The press even identified some of ate both times it was considered. But to pursue new opportunities for fear the Senators placing holds—but where the insurance industry opposed it. And they would lose their coverage or face was Bob Dole? Did he urge any of these so the Republican House leadership in- exclusions for preexisting conditions. Senators to lift these holds? sisted on dropping it from the Kasse- In the end, this legislation was bipar- And then came the breakthrough. baum-Kennedy bill, and fought up to tisan. It passed the Senate 98 to 0. But ‘‘Nightline’’ confronted Senator Dole the last moment to keep it out of the without President Clinton’s leadership on January 31 in New Hampshire. He VA–HUD appropriations bill. And Bob it would never have become law. The refused to explain why he would not Dole never lifted a finger to help. He bill languished on the Senate Calendar bring the bill to the floor. Miracu- was MIA at every critical stage of the for months, with no hope of passage, lously, the next day, Senator Dole debate. because Bob Dole refused to let the moved to lift the holds. But he still Quality health care for the American Senate act. It passed the Labor and tried to delay the bill as long as pos- people also depends on a strong Food Human Resources Committee 17 to 0 on sible, so the health insurance industry and Drug Administration, to guarantee August 2, but in spite of repeated re- could mobilize to kill or gut the bill. that food is healthy, that prescription quests Senator Dole refused to bring it He asked that the consent agreement drugs will cure and not kill, and that up. He hid for months behind a series of delay the bill for an additional 6 medical devices will sustain and im- rolling, anonymous holds placed by Re- months, to the July 4 recess. When prove life, rather than end it. publican Senators at the insistence of Democrats refused to go along with yet But Republicans in Congress have a the insurance industry. another delay, Senator Dole proposed different priority. They want to turn Ultimately, Bob Dole, who controled to delay for 5 months—until Memorial critical functions of the FDA over to the Senate Calendar, stalled, Day. And he wants to claim credit for the tender mercies of private compa- stonewalled, and sabotaged every effort this bill. nies hired and paid for by the very

VerDate Aug 31 2005 00:20 Jul 01, 2008 Jkt 041999 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S25SE6.REC S25SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 25, 1996 CONGRESSIONAL RECORD — SENATE S11217 manufacturers whose products they are We all know the many other serious Washington. [Mrs. MURRAY] is recog- supposed to regulate. health issues facing the country. nized to speak up to 10 minutes. President Clinton and Democrats in Down-sizing, layoffs, cutbacks, the Mrs. MURRAY. I thank the Chair. Congress refuse to allow Republicans growth of the contingent work force, f to expose Americans again to drug dis- and the escalating cost of health insur- TRIBUTE TO DR. JOHN N. LEIN asters like thalidomide and DES and ance are peeling back the protections device failures like the Dalkon shield that most Americans count on for Mrs. MURRAY. Mr. President, I rise and the Shiley heart valve. themselves and their families. Accord- today, along with my senior colleague And unlike Senator Dole, President ing to recent projections, less than half from the State of Washington, to honor Clinton and Democrats know that to- of all Americans will enjoy reliable, a very special individual from our bacco is addictive, and that children on-the-job health insurance by the year home State. I want to take a few min- deserve protection from the uncon- 2002. utes today to honor Jack Lein, not scionable targeted assaults of tobacco President Clinton and Democrats in only for his decades of service to Wash- advertising. Congress will work to reverse these ington State, but for his tireless dedi- Another key health issue for families trends and give all families the health cation and commitment to this Na- is the quality of the insurance they insurance protection they deserve. tion’s health and education. Mr. President, Jack Lein was born purchase with their premium dollars. President Clinton has already proposed and raised near former House Speaker The growth of managed care and assistance to help workers between Tom Foley in Spokane, WA. He served HMO’s in recent years has been soar- jobs keep their health insurance. his country bravely during World War ing. Today, more than half of all Amer- Democrats in Congress are pledged to II as a medical corpsman atop the icans with private insurance are en- put affordable health insurance for rolled in such plans. Seventy percent of mountains of Idaho. Though Jack children within the reach of every fam- covered employees in businesses with would tell us he saw very limited mili- ily. That is leadership provided by my more than 10 employees are enrolled in tary conflict above America’s prized colleague and friend from Massachu- managed care. Between 1990 and 1995 potato fields, he did begin a career of setts, Senator KERRY. medical service that has now spanned alone, the proportion of Blue Cross and The Republican leadership in Con- Blue Shield enrollees participating in generations. gress and Bob Dole refuse to deal with managed care plans rose from just one After receiving his medical degree in these issues. They oppose us every step in five to almost half. Even conven- 1955 and spending some time in private of the way. Their record shows that tional fee-for-service plans have in- practice, he joined the faculty and ad- they care more about protecting pow- creasingly adopted features of managed ministration of the University of Wash- erful special interests than protecting care, such as ongoing medical review ington where he has remained for over American families. and case management. 32 years. Being myself a proud alumnus It is ironic that Bob Dole in recent At its best, managed care can im- of Washington State University, it is, prove quality while reducing costs. But days has been attacking President indeed, difficult to salute a man so en- at its worst, managed care puts the Clinton on health care. Whether the trenched in the success of our rival, the bottom line ahead of the patient’s issue is Medicare, Medicaid, health University of Washington. But I am health—and pressures physicians to do care for working families, safe and ef- proud to say, Dr. Lein’s tenure at the the same. The most widespread abuses fective medical products, mental university has helped to produce one of include failure to inform patients of health parity, or protection against the this Nation’s premier research and particular treatments; excessive bar- abuses of the private insurance indus- health science facilities. riers to specialists for evaluation and try, the record is clear. President Clin- Dr. Lein’s career at the University of treatment; unwillingness to order ap- ton and Democrats in Congress want to Washington has encompassed most as- propriate diagnostic tests; evicting preserve and protect the benefits that pects of modern medicine, medical and mothers and infants prematurely from the American people have earned. We health sciences education, university hospitals; and refusal to pay for poten- want to do more to meet the challenge administration and Federal relations. tially lifesaving treatment. In too of providing adequate health care to He founded the University of Wash- many cases, these failures have had senior citizens and all working fami- ington School of Medicine continuing tragic consequences. lies. medical education program and was its President Clinton and Democrats— By contrast, Bob Dole and Repub- director for 19 years. He was also as- Senator BRADLEY, Senator WYDEN, oth- licans want to turn the clock back. sistant dean and then associate dean of ers—have fought to end these abuses, Whether the issue is slashing Medicare the school of medicine. He pioneered and we will do more in a Democratic to pay for new tax breaks for the regionalized medical education and Congress. We fought for the Mothers wealthy, enabling insurance firms to served as the university’s vice presi- and Infants Protection Act, which reap greater profits at the expense of dent for health sciences, the highest guarantees that a mother will not be senior citizens, and other families, Re- academic administrative position ever forced to leave the hospital too soon publican priorities are as clear as they achieved by a UW graduate. after her baby is born. We are urging are wrong. President Clinton and a Dr. Lein’s work will be seen by gen- legislation to bar HMO gag rules, to Democratic Congress will reverse those erations to come through his persever- prevent insurance companies from pro- backward Republican priorities in the ance and foresight which has produced hibiting physicians from giving all the next 4 years. and will continue to produce thousands facts to their patients. The Mothers Bob Dole is right. Health care is a de- of America’s health professionals. His and Infants Protection Act is on the fining issue, but the issue is not, as he leadership has been noted by both his verge of becoming law—because Repub- claims, whether the Government peers and the press. In 1993, Dr. Lein lican opposition was proving too costly should run the health care system. was honored with the Recognition with the public. That kind of charge is a smokescreen. Award by the Society for Teachers of But just the other day, the Repub- The real issue is whether Government Family Medicine. For the third con- lican leadership in the Senate used a is on the side of American people, or al- secutive year, the University of Wash- parliamentarian technicality to kill lied with the greedy guardians of the ington School of Medicine was ranked legislation to prohibit managed care status quo. On all of the critical issues the best primary care medical school plans from gagging doctors. Negotia- of health reform, President Clinton and in the Nation. Among medical teaching tions are continuing, and I hope this Democrats have consistently fought for disciplines, the UW ranked first in fam- legislation can still be passed before better health care for families, and we ily and rural medicine, third in wom- the end of the year. will continue to do so in the years en’s health care and fifth in pediatrics. But if it does pass, it will be in large ahead. Although it may be appropriate to measure because President Clinton and Mr. President, I yield back my time. call the university’s last three decades Democrats in Congress have cham- Mrs. MURRAY addressed the Chair. the ‘‘Lein’’ years, that description pioned it over relentless Republican The PRESIDING OFFICER. Under would be far from accurate. As the di- opposition. the previous order, the Senator from rector of Federal relations, Dr. Lein

VerDate Aug 31 2005 00:20 Jul 01, 2008 Jkt 041999 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S25SE6.REC S25SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S11218 CONGRESSIONAL RECORD — SENATE September 25, 1996 has transformed the university into He will be not just difficult to follow scoring of the conference agreement on one of the Nation’s leading research in that respect, he will be impossible to H.R. 3666. universities. The University of Wash- follow in that respect. So from the There being no objection, the table ington has been ranked in the top five point of view of this Senator—and I was ordered to be printed in the in receipt of Federal grant and con- know that my sentiments are shared, RECORD, as follows: tract dollars, which account for 80 per- as they have already been expressed, by cent of the university’s grant funding. my junior colleague—we are not just VA–HUD SUBCOMMITTEE—SPENDING TOTALS— If anyone could document the history simply missing someone who rep- CONFERENCE REPORT of Washington State’s congressional resents a vital institution to us here in [Fiscal year 1997, in millions of dollars] delegation over the last 50 years, it this body, we are going to miss a very would be Jack. His wit is legendary close friend, a good and delightful com- Budget author- Outlays around Washington State circles, and panion, a wonderful servant of this in- ity he can quickly recount a story about stitution and his State and his medical Scoop or Dan Evans. Jack will tell you Defense discretionary: profession in Dr. Jack Lein. Mr. Presi- Outlays from prior-year BA and other actions com- that Maggie thought ‘‘foreign policy dent, I suggest the absence of a pleted ...... 61 was anything outside Washington quorum. H.R. 3666, conference report ...... 126 64 Scorekeeping adjustment ...... State.’’ He was always there with ei- The PRESIDING OFFICER. If the ther the right information or the right Senator would withhold that request Subtotal defense discretionary ...... 126 125 for just a moment. resource to find the answer. Nondefense discretionary: Dr. Lein will step down from his posi- f Outlays from prior-year BA and other actions com- pleted ...... 365 47,431 tion at the university at the end of this DEPARTMENTS OF VETERANS AF- H.R. 3666, conference report ...... 63,917 31,589 year. His absence will be felt by U.S. FAIRS AND HOUSING AND URBAN Scorekeeping adjustment ...... Senators, congressional staff, college DEVELOPMENT, AND INDE- Subtotal nondefense discretionary ...... 64,282 79,020 faculty, and students for many years to PENDENT AGENCIES APPROPRIA- come. TIONS ACT, 1997—CONFERENCE Mandatory: Outlays from prior-year BA and other actions com- Mr. President, on behalf of the citi- REPORT pleted ...... 1,153 zens of Washington State, I salute Dr. The PRESIDING OFFICER. Under H.R. 3666, conference report ...... 20,260 18,013 Jack Lein and his wife, Claire, for a Adjustment to conform mandatory programs with the previous order, the conference re- Budget Resolution assumptions ...... ¥406 381 lifetime of dedicated service to his port accompanying H.R. 3666 will be alma mater, his State and his Nation. Subtotal mandatory ...... 19,854 19,547 Jack, we will miss you, but we will stated. The legislative clerk read as follows: Adjusted bill total ...... 84,262 98,692 always know that you are close by. The committee on conference on the dis- Mr. President, I yield the remainder Senate Subcommittee 602(b) allocation: agreeing votes of the two Houses on the Defense discretionary ...... 129 129 of my time to the senior Senator from amendments of the Senate to the bill (H.R. Nondefense discretionary ...... 64,325 79,048 the State of Washington. 3666) making appropriations for the Depart- Violent crime reduction trust fund ...... Mr. GORTON addressed the Chair. ments of Veterans Affairs and Housing and Mandatory ...... 19,854 19,547 The PRESIDING OFFICER. The Sen- Urban Development, and for sundry inde- Total allocation ...... 84,308 98,724 ator from Washington. pendent agencies, boards, commissions, cor- Mr. GORTON. Mr. President, for the porations, and offices for the fiscal year end- Adjusted bill total compared to Senate Subcommittee 602(b) allocation: two of us who represent the State of ing September 30, 1997, and for other pur- Defense discretionary ...... ¥3 ¥4 Washington in the U.S. Senate, this is poses, having met, after full and free con- Nondefense discretionary ...... ¥43 ¥28 a day that is both joyous and sad. It is ference, have agreed to recommend and do Violent crime reduction trust fund ...... recommend to their respective Houses this Mandatory ...... sad because on December 31 of this report, signed by a majority of the conferees. Total allocation ...... ¥46 ¥32 year, we will miss the company of Dr. (The conference report is printed in Jack Lein who, for decades, has rep- Note: Details may not add to totals due to rounding. Totals adjusting for the House proceedings of the RECORD of consistency with current scorekeeping conventions. Prepared by SBC Majority resented the University of Washington September 20, 1996.) Staff, Sept. 24, 1996. before this body and with particularly, Mr. BOND. Mr. President, I wish to SECTION 8 MULTIFAMILY HOUSING PORTFOLIO of course, the Members of the House of express my appreciation to the leader- DEMONSTRATION Representatives and the Senate who ship and the Members on both sides for represent the State of Washington. allowing the VA–HUD, independent Mr. BOND. Mr. President, a number It is a happy occasion, of course, be- agencies bill, H.R. 3666, to be passed. of my colleagues have questions con- cause it gives us an opportunity to Mr. DOMENICI. Mr. President, I rise cerning the implementation of the sec- crown his career with at least a tiny in strong support of the conference tion 8 multifamily housing portfolio share of the praise that it deserves. agreement on H.R. 3666, the VA–HUD demonstration—Section 8 mark-to- I can say, Mr. President, after a rel- appropriations bill for 1997. market—which was adopted as part of atively long career in the U.S. Senate This bill provides new budget author- the conference report to H.R. 3666, the and an even longer one in the Govern- ity of $84.3 billion and new outlays of VA/HUD fiscal year 1997 Appropriations ment of the State of Washington, that $49.7 billion to finance operations of Act. The purpose of this statement is no person, no individual representing the Department of Veterans Affairs to clarify these questions for my col- an institution has matched Jack Lein and Housing and Urban Development, leagues, as well as for HUD. The con- in the quality of his knowledge about the Environmental Protection Agency, ference report adopts a bipartisan the issues that he brings to us, in his NASA, and other independent agencies. strategy to build on the section 8 mul- dedication to the university that he I congratulate the chairman and tifamily housing portfolio restruc- represents, or in the personal qualities ranking member for producing a bill turing demonstration which was adopt- which cause all of us to welcome him that is within the subcommittee’s ed as part of the HUD fiscal year 1996 into our office, to go out of our way to 602(b) allocation. When outlays from appropriations bill, H.R. 3019, a further seek his company and to learn from prior-year budget authority and other him. adjustments are taken into account, downpayment toward a balanced budg- He has been nonpartisan or bipar- the bill totals $84.3 billion in budget et. tisan in the highest sense of that term, authority and $98.7 billion in outlays. The conference report establishes a with an ability to tell wonderful and The total bill is under the Senate sub- revised demonstration program to em- always affirmative stories about the committee’s 602(b) nondefense alloca- phasize that portfolio restructuring people he has met along the way, but tion by $43 million for budget author- needs to be undertaken to reform and with the overwhelming ability to cause ity and by $8 million for outlays. The improve the FHA multifamily housing us, who obviously believe in our uni- subcommittee is also under its defense programs from a financial and oper- versity and want to help our univer- allocation by $3 million for budget au- ating perspective, but not to abandon sity, to go even further than we would thority and by $4 million for outlays. the long-term commitment to resident otherwise do simply because it is so Mr. President, I ask unanimous con- protection and ongoing low-income af- important to please him and to help sent to have printed in the RECORD a fordability. The revised demonstration, him. table displaying the Budget Committee therefore, continues to give HUD a

VerDate Aug 31 2005 00:20 Jul 01, 2008 Jkt 041999 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S25SE6.REC S25SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 25, 1996 CONGRESSIONAL RECORD — SENATE S11219 number of flexible tools for restruc- ket rent for an area. In addition, funds for the preservation and creation turing section 8 assisted, FHA-insured project owners with expiring contracts of low-income affordable housing re- projects, while emphasizing the preser- above 120 percent of fair market rent sources. vation of the existing stock as low-in- may opt to have their section 8 con- The multifamily housing portfolio come housing by generally restruc- tracts renewed at 120 percent of the restructuring demonstration will pro- turing these FHA-insured mortgages fair market rent. This safe harbor will vide HUD and the public agencies, and and reducing the cost of renewing the cover many of the 240,000 units which nonprofits, with a number of tools to section 8 contracts. I emphasize that are supported by expiring section 8 restructure the FHA-insured mort- this demonstration, including the con- contracts in fiscal year 1997, and will gages and reduce the cost of section 8 cept of reasonable offer, is intended to provide HUD with the administrative project-based housing assistance. These preserve affordable low-income hous- ability to focus on those FHA-insured tools include broad authority to re- ing, prevent the dislocation of current multifamily housing projects with sig- structure mortgages, including the for- residents, preserve the rights of cur- nificantly oversubsidized rents. The giveness of mortgage indebtedness. For rent owners who have complied with projects with units which do not qual- example, HUD could restructure a program requirements, and to not cre- ify for the contract renewal safe harbor project mortgage so that a first mort- ate any significant exposure of tax li- will be eligible to participate in the gage would reflect the market value of ability to owners. section 8 multifamily mortgage re- a project while HUD holds a soft second The section 8 mark-to-market inven- structuring portfolio demonstration on the remainder of the project debt. tory covers some 8,500 projects with al- and, at a minimum, will be renewed at This would preserve the low-income most one million units that are both budget-based rents. character of the housing while reduc- FHA-insured and whose debt service is The demonstration would encourage ing both the cost of the section 8 as- almost totally dependent on rental as- HUD to enter into contracts with sistance and the risk of foreclosure. In sistance payments made under section qualified State housing finance agen- exchange for mortgage restructuring, 8 project-based contracts. Most of these cies, local housing agencies, and non- project owners would have to agree to projects serve very low-income fami- profits either as a partner or as des- preserve the housing as affordable for lies, with approximately 37 percent of ignee to administer the program for low-income families in accordance with the stock serving elderly families. HUD. The conference report reflects requirements established by the De- Many of these projects are oversub- the belief that balancing the fiscal partment or a designee. These require- sidized and, without the renewal of ex- goals of reducing costs with the public ments shall be balanced to ensure the piring section 8 contracts, are at risk policy goals of preserving and main- long-term economic viability of the of mortgage default. This raises con- taining affordable low-income housing housing. cerns of owner disinvestment, resident requires an intermediary which is ac- The demonstration also allows HUD displacement, and government owner- countable to the public interest. Be- to implement budget-based rents to ship, management and disposition of cause of the Department’s capacity and squeeze out any inflated profits while this housing inventory. While con- management problems as documented covering the debt service, operating tinuing the existing subsidy arrange- by the Inspector General and the Gen- costs and a reasonable return to the ments would be very popular to both eral Accounting Office, the demonstra- owners of these federally assisted owners and tenants, the combination of tion reflects the understanding that ca- projects. The use of budget-based rents the Federal Government overpaying for pable public entities and certain quali- are intended to be flexible enough to the value of this low-income housing fied nonprofits should be accorded an ensure the preservation of unique and resource as well as the growing tide of opportunity to restructure mortgages critically needed low-income housing discretionary budget cuts require new on behalf of the Federal Government. I projects, such as elderly projects in policies and reforms to these programs. believe that many State housing fi- rural areas, projects designed to house The cost of renewing the section 8 nance agencies [HFA’s], local HFA’s, large families, projects in localities project-based contracts on this multi- and other State and local housing and with low vacancy rates, and projects family housing inventory emphasizes community development entities have with operating costs which exceed any the many difficult budget and policy the requisite capacity and expertise to comparable market rents. I emphasize issues which need to be addressed as implement the mortgage restructuring that the Department should exercise a Congress reevaluates Federal housing demonstration program and that devel- special sensitivity to certain projects, policy. In particular, according to HUD oping this capacity and expertise will such as elderly projects in rural areas, estimates, the cost of all section 8 con- be important in the future for further that house a special population, espe- tract renewals, both tenant-based and establishing and building on both new cially where the availability of other project-based, will require appropria- and existing public and private part- affordable housing is questionable. tions of about $3.8 billion in fiscal year nerships for the development of afford- The conference report has elected to 1997, $10 billion in fiscal year 1998, and able housing. I emphasize that non- focus the restructuring demonstration over $16 billion in fiscal year 2000. In profits must be financially sound and on projects with contract rents above addition, the cost of renewing the sec- have a demonstrated record in the area 120 percent of the fair market rents. tion 8 project-based contracts will grow of affordable housing issues. I warn According to recent HUD estimates, from $1.2 billion in fiscal year 1997 to HUD to be very careful that sham non- section 8 contracts affecting approxi- almost $4 billion in fiscal year 2000, and profits are not to be included, espe- mately 35,000 project-based assisted to some $8 billion in 10 years. More- cially where a nonprofit is determined units will expire in fiscal year 1997. Of over, the unpaid principal balance to be acting as a tool for the interests this amount, about 12,000 are assisted [UPB] on the mortgages associated of some other entity. by HUD’s section 8 new construction with this FHA-insured housing inven- It also is expected that HUD and and substantial rehabilitation [NC/SR] tory represents a contingent liability these public purpose designees will programs. The program expects HUD to of some $17 billion to HUD and the Fed- contract and subcontract with other focus most of its mortgage restruc- eral Government. entities, including private entities such turing efforts on the NC/SR assisted, or The section 8 multifamily housing as financial institutions and mortgage newer assisted portfolio since the costs portfolio restructuring demonstration bankers and servicers, to enhance the of section 8 rental assistance attached is designed as an interim strategy and expertise and capacity necessary to en- to these properties are much greater as a stepping stone for more com- sure that mortgaging restructurings than those assisted by HUD’s section 8 prehensive legislation by the author- are handled to the best advantage of loan management set aside [LMSA] izing committees as well as consider- the Federal Government, the project, program and the budgetary costs to ation of associated tax issues by the the community, and the residents. It is maintain this inventory is greater. tax committees. This demonstration hoped that these partnerships can be Therefore, the conference believes that will require HUD to renew for up to 1 used to crossfertilize public and private greater budgetary savings will be real- year all section 8 contracts with rents approaches to low-income housing to ized on restructuring the newer as- at or below 120 percent of the fair mar- create new strategies and leverage new sisted stock.

VerDate Aug 31 2005 00:20 Jul 01, 2008 Jkt 041999 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S25SE6.REC S25SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S11220 CONGRESSIONAL RECORD — SENATE September 25, 1996 Further, unlike rents on the newer rent statutory limitations on the num- tion authority does address ‘‘sham’’ assisted stock, section 8 contract rents ber of units that can be made available nonprofits. Specifically, the dem- on the older assisted stock are regu- for mortgage insurance under this pro- onstration requires the Secretary to lated on a budget-based process. As gram. select only these entities that have a such, the rents are supposed to be set There is also concern about the De- long-term record of service in pro- already at the minimum level nec- partment’s plans to sell its benefits viding low-income housing and meet essary to meet operating and debt serv- and burdens, including rights and obli- standards of fiscal responsibility. I ex- ice expenses. Contract rents on the gations, under the FHA mortgage in- pect HUD to issue detailed guidelines newer assisted stock also are higher surance program to public agencies as on what would constitute a qualified than prevailing market rates due to well as private entities. The dem- ‘‘designee’’ whether it is a nonprofit or the initial construction costs and auto- onstration permits HUD to sell to pri- public entity. matic rent increases that have been vate entities the benefits and burdens Mr. MACK. My second concern is provided during the term of the assist- of FHA multifamily mortgage insur- about the Department’s capacity to re- ance contract regardless of operating ance on up to 5,000 units. While it is structure up to 50,000 units in the dem- needs. Finally, restructuring the debt important to test various restructuring onstration program. Numerous studies on the older assisted portfolio would strategies under the demonstration, by the HUD IG and GAO and state- likely achieve only minimal section 8 the Department needs to ensure that ments by HUD officials themselves subsidy savings since the UPB on the the housing be preserved as low in- have indicated that there are serious remaining mortgage is smaller than come, with residents and owners not capacity problems in the multifamily the UPB on the newer stock. For exam- displaced because of any risks associ- housing area at HUD. HUD’s response ple, older assisted properties have an ated with this mortgage refinancing to these problems is to liquidate the in- average UPB of $14,000 per unit com- strategy. ventory through sales of HUD-held and pared to an average UPB of $35,000 per The demonstration also allows HUD guaranteed mortgages to Wall Street unit for newer assisted properties. to test the use of vouchers on up to 10 investors. S. 2042, however, would pro- Therefore, focusing on the older as- percent of the units in the demonstra- tect the Federal Government’s afford- sisted properties for debt restructuring tion so long as the owner agrees and able housing investment by transfer- likely would not necessarily be cost- the residents are consulted. As a fur- ring the portfolio management respon- sibilities to publicly accountable enti- beneficial especially when considering ther protection for residents, this ties such as State and local housing fi- the time and transaction costs of such strategy may only be implemented nance agencies. How does the dem- a process. where it is determined that residents onstration program address these The conference bill also requires at will be able to use successfully vouch- least 75 percent of mortgages be re- issues? ers to obtain decent, safe, and sanitary Mr. BOND. The demonstration pro- structured with FHA insurance. It is housing. gram is significantly based on S. 2042. my belief that FHA mortgage insur- Finally, this demonstration is an in- Like S. 2042, the demonstration pro- ance and other forms of credit enhance- terim step to a more comprehensive gram addresses the Department’s ca- ment are necessary for debt financing long-term solution to the preservation pacity constraints by requiring HUD to considering the short terms of section 8 of section 8 assisted housing. It is ex- form arrangements with qualified third contract renewals that are being pro- pected that the authorizing committee, party public entities. The demonstra- vided in recent appropriation acts. consistent with hearings held by both tion program assumes that the partici- Without long-term section 8 contracts, the House and Senate authorizing pation of public entities such as State debt financing likely is to be difficult committess, will consider reform of the and local housing finance agencies will for restructured projects. If no insur- section 8 mark-to-market inventory a be encouraged and utilized to the full- ance is provided when mortgages are priority for legislation during the next est extent possible by HUD. In response restructured, debt restructuring costs Congress. to the Senator’s concern about HUD’s also will be likely be higher, or mort- MARK-TO-MARKET DEMONSTRATION liquidation policy, the demonstration gage debt discount deeper, than if the Mr. MACK. Mr. President, I would does allow HUD to transfer or sell up mortgages were restructured with in- like to commend Senator BOND for ad- to 5,000 units of HUD mortgages to pri- surance because private lenders would dressing the expiration of thousands of vate sector parties. This provision is set the terms of the loans to reflect the section 8 housing assistance contracts not intended to be used as means of liq- risk of default. These projects could by including a FHA multifamily dem- uidating the housing stock. Instead, not have been built or financed without onstration program in the VA–HUD ap- the intent is to test the efficiency and the original FHA mortgage insurance propriations bill. This demonstration effectiveness of using private sector en- due to the inherent risks in developing program incorporates many of the tities to preserve the affordable hous- low-income housing and the areas that major principles of S. 2042, the Multi- ing stock at the lowest possible cost to these projects were built in. family Assisted Housing Reform and the American taxpayer while recog- Nevertheless, I emphasize that the Affordability Act of 1996, which I intro- nizing the impact on communities and use of FHA mortgage insurance and duced last month along with Senators owners. other forms of credit enhancement BOND, D’AMATO, and BENNETT. How- Mr. MACK. Thank you again for your should be explored carefully to mini- ever, the success of the demonstration work and dedication to this issue and mize the default risk to the Federal program depends on HUD’s implemen- for considering the views of the author- Government. In some cases, mortgage tation. I would like to ask Senator izing committee in the demonstration insurance may not be necessary when BOND a few questions to clarify the in- program. owners can obtain reasonable financing tent of the legislation. Mr. BOND. I appreciate the Senator’s without insurance. As a result, the First, the demonstration program support and work on this issue, and I demonstration program allows some would allow the Secretary to use non- look forward to our continued coopera- discretion in exploring and creating profit entities as ‘‘designees’’ to carry tive effort to develop a comprehensive new forms of credit enhancement that out the functions and responsibilities portfolio restructuring program early would reduce the default risk and cred- of portfolio restructuring. Athough I next year. it subsidy costs to the Federal Govern- believe that there are legitimate and SECTION 8 CONTRACT RENEWALS ment. The demonstration also includes qualified nonprofits who could be used Mr. GREGG. I have a question for the the use of mortgage insurance under as restructuring entities, I am con- chairman Senator BOND. I congratulate risk-sharing arrangements currently cerned about the use of nonprofits that him for tackling the difficult problem practiced under the mortgage risk- do not have the support of the local of renewal of section 8 contracts in a sharing programs enacted under the community or residents. How does the comprehensive manner, providing for Housing and Community Development demonstration program address renewal of all contracts with rents less Act of 1992. Mortgage insurance under ‘‘sham’’ nonprofits? than 120 percent of fair market rent at these risk-sharing arrangements would Mr. BOND. I share the Senator’s con- the existing contract rent and permit- be encouraged by not applying the cur- cern and believe that the demonstra- ting FHA-insured projects with rents

VerDate Aug 31 2005 00:20 Jul 01, 2008 Jkt 041999 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S25SE6.REC S25SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 25, 1996 CONGRESSIONAL RECORD — SENATE S11221 over 120 percent of fair market rents ei- cent, but are below the comparable States, section 8 projects for the elder- ther to accept rents at 120 percent of market rents. If HUD cannot renew ly will be disadvantaged under the lan- fair market rents, or to enter the dem- these contracts at current rents, the guage in the conference report, unless onstration. The Senator also permits low and moderate-income residents of a special effort is made to preserve projects financed or insured by State these properties may quickly find them. Fair market rents in these areas or local agencies, or under section 202, themselves without a decent place to for zero and 1-bedroom apartments are 811, and 515, to be renewed at current live, especially in tight housing mar- low which cause high rents necessary rents. However, there is an omission, ket such as we have in northern New to sustain section 8 projects with ap- with regard to conventionally financed Jersey. In this situation, I fear that an propriate services for the elderly. contracts with rents over 120 percent of owner may have little choice other These projects often have elevators, ad- fair market rent, which are not explic- than to terminate the leases and rent ditional facilities for food, recreation itly covered by the legislation. the property to people who are willing and services, and extra management Many of these projects, including to pay the real market rent. I do not services such as 24-hour-in-house staff. some in New Hampshire, were devel- believe that we have provided any sort They are above the 120 percent of FMR oped in the early years of section 8, and of inducement for the owner of this threshold for renewal at current rents. I assume that the conferees did not in- type of property to continue to house In order to bring these project rents tend to exclude them. low and moderate income people, many down to FMR, all or most of the debt Mr. BOND. The Senator is correct. of whom may be elderly. Sticky vouch- services would have to be eliminated. Under present law, namely section ers would have been a very good solu- Debt reduction of this magnitude 405(a) of the Balanced Budget Down tion to this problem. However, I have would most certainly give rise to sig- Payments Act I, HUD has the author- been advised by staff that the budget- nificant tax liabilities. Is it your intent ity to renew conventionally-financed based rent provisions under the dem- that debt restructuring occur? section 8 contracts at up to 120 percent onstration address my concerns. I Mr. BOND. The legislation is in- of fair market rents. Indeed, in August would like to be assured that this is, in tended to preserve section 8 housing for HUD sent out a memorandum stating fact, the case. the elderly and special populations. that it would renew such contracts at Mr. BOND. I would like to assure my While debt restructuring may be un- rents not in excess of 120 percent of colleague that the budget-based rent necessary in most cases, it may be ad- Fair Market Rent. Nothing in this provisions can be used to address the vantageous in some. Therefore, the year’s appropriations bill withdraws concerns you raise. Under the budget- chairman’s intent is for HUD to review HUD’s authority under section 405(a) to based rent provisions, the owner of carefully each case and limit the use of renew such contracts. I ask unanimous unique property located in a tight debt restructuring to those rare cases housing market which houses elderly consent to have printed in the RECORD where it is most advantageous. Fur- families and where the market rates the legal opinion by Judge Diaz, the thermore, in any calculation HUD uses are greater than the current contract General Counsel for HUD, which con- in determining the market rent for rents and the rents are in excess of 120 firms this analysis. these projects, HUD must include com- percent of the FMR, could be provided There being no objection, the mate- pensation to cover services that meet with a contract renewal at the current rial was ordered to be printed in the the unique needs of the elderly and spe- contract rent level for 1 year. Also, RECORD, as follows: cial populations. Congress should look at the use of Mr. HARKIN. I would ask that the U.S. DEPARTMENT OF HOUSING AND sticky vouchers in the future. URBAN DEVELOPMENT, chairman clarify his intentions on the Mr. LAUTENBURG. So the budget- Washington, DC, September 24, 1996. limitations placed on HUD when con- Memorandum to: Nicolas P. Retsinas, Assist- based rent provision is not limited to properties where the operating costs sidering debt restructuring. ant Secretary for Housing—FEA Com- Mr. BOND. HUD is instructed to use missioner. exceed comparable market rents? Mr. BOND. That is correct. Prop- a three-pronged approach in deter- From: Nelson A. Diaz, General Counsel. mining whether the debt should be re- Subject: Expiring project-based section 8 erties where the operating costs exceed contracts on noninsured multifamily the comparable market rents are eligi- structured. First, no tenants should be housing projects. ble for the budget-based rent provi- displaced. Second, the owners should This memorandum is in response to your sions, but eligibility for budget-based not be forced to sell the project. Third, request for an opinion from the Office of rents is not limited to such properties. owners should not be subject to signifi- General Counsel (OGC) regarding the legal I emphasize that the mark-to-market cant tax liability. authority to renew expiring project-based demonstration is designed to ensure Mr. KERREY. I thank the chairman section 8 contracts on noninsured multi- that HUD is particularly sensitive to and look forward to assisting in the family projects which have rents greater oversight of the implementation of than 120% of the fair market rent. the need to preserve existing low-in- come housing for the elderly and dis- these legislative provisions. Under Section 408(a) of the Balanced Budg- Mr. HARKIN. I would also like to et Downpayment Act I, HUD has the author- abled. ity to renew conventionally-financed section Mr. LAUTENBURG. What would in- thank the chairman. It is increasingly 9 contracts at up to 120% of the fair market duce an owner of the type of property important that we preserve these rents. This position was set forth in HUD No- I described to continue to keep the projects for the elderly, especially in tice H 96–74, entitled Project-Based section 8 property as an affordable housing re- rural areas. Contracts Expiring in Fiscal Year 1997, source? SECTION 8 CONTRACT RENEWALS issued on August 28, 1996. As it is currently Mr. BOND. The owner could be in- Ms. SNOWE. Mr. President, Senator composed in the draft before us on Sep- COHEN and I have been working exten- tember 23, 1996, it is OGC’s opinion that duced to continue to keep the property nothing in this year’s proposed appropriation as an affordable housing resource by al- sively with the U.S. Department of bill withdraws HUD’s authority under 405(a) lowing the owner an adequate return Housing and Urban Development and to enter into project-based maintenance con- on equity. the Maine State Housing Authority to tracts on those non-FHA insured projects Mr. LAUTENBERG. Would the cal- clarify the status and handling of con- whose expiring contract rents exceed 120% of culation of an adequate return on eq- tracts for 17 housing projects in Maine the fair market rents for the market area in uity take into account the true market that were originally subsidized under which the projects are located. value of the property in unique cir- section 23 and were later converted to SECTION 8 RENTS cumstances such as the one I have de- section 8. We would like to confirm Mr. LAUTENBERG. Mr. President, I scribed? that these housing projects meet the am concerned that this legislation does Mr. BOND. The Secretary would have definition of ‘‘project-based’’ as defined not adequately address the cir- the discretion to determine an ade- under paragraph (5), section 21 of the cumstances faced by certain unique quate return on equity in this way if he housing appropriations bill. properties. Specifically, I am worried so chose. Mr. BOND. Mr. President, that is cor- about situations where the current sec- SECTION 8 HOUSING FOR THE ELDERLY rect. tion 8 rents exceed the fair market Mr. KERREY. I am very concerned Mr. COHEN. Mr. President, of these rents set by HUD by more than 120 per- that in Nebraska and its neighboring housing projects, all of which receive

VerDate Aug 31 2005 00:20 Jul 01, 2008 Jkt 041999 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S25SE6.REC S25SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S11222 CONGRESSIONAL RECORD — SENATE September 25, 1996 project-based assistance from the De- The purpose of both the Senate and ance industry from civil rights enforce- partment of Housing and Urban Devel- House committee reports to the VA/ ment. Nothing could be further from opment, 14 are financed through the HUD fiscal year 1997 appropriations bill the truth. This is not about civil Maine State Housing Authority. None is to ask HUD to focus its fair housing rights. It is about regulation. of them are FHA-insured. We would resources of $30 million toward activi- Congress never intended to apply the like to further confirm our under- ties designed to fight discrimination in Fair Housing Act to property insurance standing that the project-based con- the sale, rental, and financing of hous- for the simple reason that the insur- tracts for these particular housing ing. ance industry is subject to State regu- projects will be renewed for 1-year at These are limited resources and the lation under the McCarran-Ferguson the current rent level under the terms committee report language in both Act. It is for this reason that the Con- and conditions of paragraph (2), section House and Senate reports is designed gress chose specifically not to include 211 of the housing appropriations bill. to ensure that this funding is used in a the sale or underwriting of insurance Mr. BOND. Mr. President, the senior comprehensive and focused manner to under the Fair Housing Act. Senator from Maine is absolutely fight housing discrimination. HUD’s enforcement and regulatory right. Furthermore, while the courts have activities regarding property insurance Mr. MACK. Mr. President, I want to not always been consistent in the ap- is clearly a waste of resources because commend the chairman of the sub- plication of the Fair Housing Act, I be- it duplicates State laws and regula- committee, Senator BOND, for incor- lieve Congress has made it clear that tions. Virtually every State and the porating report language clarifying the regulation of property insurance is District of Columbia have laws or regu- that Congress does not intend for the outside the scope of the Fair Housing lations governing unfair discrimina- Fair Housing Act to apply to property Act and is contrary to the intent of the tory practices by insurance companies. insurance. HUD’s assertion of author- MacCarran-Ferguson Act which states States are actively investigating and ity over the conduct of the property in- that the responsibility for insurance addressing discrimination where it is surance market overreaches, and in matters, including property insurance, found to occur. HUD is just adding an- fact contradicts, congressional intent is the responsibility of the States. The other wasteful and unnecessary layer as reflected in the plain language and Fair Housing Act says nothing about of bureaucracy. legislative history of the Fair Housing Federal action with regard to discrimi- Congress faces many hard choices in Act. nation in the provision of property in- working to fulfill its commitment to HUD’s attempt to regulate the busi- surance. eliminate unnecessary Federal spend- ness of insurance, notwithstanding the In fact, the legislative history of the ing and red tape. With respect to HUD, lack of any reference to property insur- Fair Housing Act indicates that the Congress must determine how to pre- ance in the Fair Housing Act or its leg- Fair Housing Act does not apply to in- serve essential programs while cre- islative history, also contradicts the surance. Notably, in the Senate floor ating a more efficient Federal Govern- statutory mandate of the McCarran- debate on the 1980 amendments to the ment and reduce the budget deficit. If Ferguson Act of 1945, which requires Fair Housing Act, Senator HEFLIN stat- there is one area of Federal spending that, unless a Federal law ‘‘specifically ed that it was*** where Congress need not struggle to relates to the business of insurance,’’ * * *the decision of the Subcommittee on determine whether cutbacks are appro- that law shall not apply where it would the Constitution, acquiesced in by the full priate, it is HUD’s activities regarding ‘‘invalidate, impair or supersede’’ State Senate Judiciary Committee, to leave the property insurance. law. HUD’s assumption of authority to regulation and oversight of the property in- Mr. FAIRCLOTH. Mr. President, I regulate property insurance has the surance business to the States and to reject rise today to speak about HUD’s at- practical effect of invalidating, impair- extension of [the Fair Housing Act] to that tempts over the past few years to regu- ing and superseding the State laws business. late property insurance under the Fair which prohibit unfair discrimination HUD’s property insurance activities Housing Act. Let me state for the by insurers, and it is the type of dupli- are wholly unwarranted. Every State record that I am committed to strict cative regulation which Congress and the District of Columbia have laws enforcement of the Fair Housing Act sought to avoid through McCarran-Fer- and regulations addressing unfair dis- and its prohibitions against discrimi- guson. crimination in property insurance. We nation in housing. We should not tolerate illegal dis- need to avoid duplication of effort and The Fair Housing Act is one of the criminatory practices by anyone in- also avoid the risk of creating new and basic tenets of our country’s civil volved in the real estate market. How- different standards that will be con- rights laws. Where outright discrimina- ever, every State provides recourse for fusing and administratively burden- tion in housing is found, enforcement addressing complaints of unfair dis- some. The House and Senate reports to must be swift and strong. crimination by insurers. There is no the VA/HUD fiscal year 1997 Appropria- However, my concerns stem from two need for HUD, which currently has dif- tions Act are identical on the issue of issues. First, HUD lacks the authority ficulty meeting its statutory man- fair housing and property insurance, to regulate property insurance. Second, dates, to step into the shoes of State and are designed to state the under- regulation of property insurance is al- regulators to create a Federal regu- standing of the House and Senate that ready being done by the States. latory regime without clear justifica- HUD should not intrude upon the re- The Fair Housing Act makes it un- tion or authority. sponsibilities of the States with regard lawful ‘‘to discriminate against any PROPERTY INSURANCE REGULATION to the regulation of insurance, includ- person in the terms, conditions, or Mr. BOND. Mr. President, I want to ing property insurance. privileges of sale or rental of a home make it clear that I am fundamentally Mr. SHELBY. Mr. President, on Sep- . . . Because of race.’’ The language and adamantly opposed to discrimina- tember 5, 1996, several senators ex- goes on to refer to the services pro- tion in any form, including discrimina- pressed concern about language regard- vided by mortgage bankers and real es- tion in the provision of property insur- ing property insurance activities by tate brokers. Nowhere in the language ance. Nevertheless, I believe that HUD HUD’s Office of Fair Housing and Equal does the act refer to property insur- has no authority under the Fair Hous- Opportunity contained in the com- ance. The Fair Housing Act does not ing Act to regulate the practices of the mittee report accompanying the VA, specifically relate to the business of in- insurance industry, including practices HUD, and independent agencies appro- surance. Courts have held that Con- related to the provision of property in- priation bill. gress never intended the Fair Housing surance. Moreover, HUD does not have For some time now, HUD has claimed Act to apply to insurance. HUD is the capacity or ability to address dis- it has jurisdiction under the Fair Hous- clearly overstepping its authority by crimination issues in the practices of ing Act to investigate complaints pursuing any regulation in this area. In the insurance industry, and any at- about alleged insurance redlining prac- fact, it spent hundreds of thousands of tempts to establish and enforce stand- tices. Statements have been made that dollars on outside legal help to write ards are likely to result in confusion the committee report language is an this regulation because the legal basis and questionable actions. effort to somehow exempt the insur- for doing so was so tenuous.

VerDate Aug 31 2005 00:20 Jul 01, 2008 Jkt 041999 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S25SE6.REC S25SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 25, 1996 CONGRESSIONAL RECORD — SENATE S11223 By pursuing this issue, HUD is as- are active in investigating discrimina- can be made for HUD to take on yet suming that States have not been tion. There is strong protection against another program. HUD is a failure. doing anything in this area. That as- illegal discrimination. HUD’s actions Regulation of property insurance is not sumption is wrong. All 50 States and only add another unnecessary layer of within HUD’s authority, and every ef- the District of Columbia have enacted Federal bureaucracy. fort should be made to keep HUD out of statutes or regulations, or both, that This is just another example of HUD address unfair discrimination in insur- trying to assert more Federal power this area. ance practices, violations of civil and more Federal control in an area I ask unanimous consent that a rep- rights or which permit insurance de- traditionally under the domain of the resentative sample of State statutes or partments to investigate unfair trade States. HUD has shown, over the more regulations be printed in the RECORD. practices. I will submit for the record a than 30 years that the department has compilation of some of these State been in existence, that it cannot per- There being no objection, the mate- statutes or regulations governing un- form well those programs that are rial was ordered to be printed in the fair discrimination in insurance. States under its administration. What case RECORD, as follows: STATE LAWS GOVERNING UNFAIR DISCRIMINATION IN INSURANCE [Below is a compilation of laws and regulations in the 50 states and the District of Columbia which address unfair discrimination in insurance practices, violations of civil rights, or which permit insurance departments to investigate unfair trade practices. All 50 states and the District of Columbia have enacted statutes or regulations, or both, to address these issues. Except where otherwise indicated, all citations are to insurance codes or regulations]

State: Citation and chapter/section heading Relevant text

Alabama: Trade Practices Law: § 27–12–2; § 27–12–21 ...... No person shall engage in this state in any trade practice which is . . . determined [by the Commissioner] to be an unfair method of competition or an unfair or deceptive act or practice in the business of insurance. Rates and Rate Organizations: § 27–13–1; § 27–13–65 ...... Every rating organization and every insurer which makes its own rates shall make rates that are not unreasonably high or inadequate for the safety and soundness of the insurer and which do not unfairly discriminate between risks in this state . . . Arkansas: Trade Practices: § 23–66–205; § 23–66–206(7) ...... Prohibited unfair competition or unfair or deceptive acts or practices include the following: (C) Making or permitting any unfair discrimination between individuals or risks of the same class and of essentially the same hazards by refusing to issue, refusing to renew, canceling, or limiting the amount of insurance coverage on a property or casualty risk because of the geographic location of the risk, unless: (i) The refusal, cancellation, or limitation is for a business purpose which is not a mere pretext for unfair discrimination; or (ii) The refusal, cancellation, or limitation is required by law or regulatory mandate. (D) Making or permitting any unfair discrimination between individuals or risks of the same class and of essentially the same hazards by refusing to issue, refusing to renew, canceling, or limiting the amount of insurance coverage on a residential property risk or on the personal property contained therein because of the age of the residential property, unless: (i) The refusal, cancellation, or limitation is for a business purpose which is not a mere pretext for unfair discrimination; or (ii) The refusal, cancellation, or limitation is required by law or regulatory mandate. Rates and Rating Organizations: § 23–67–201; § 23–67–208 ...... (a) [Insurance] rates shall not be excessive, inadequate, or unfairly discriminatory. California: Prohibition of Discriminatory Practices by Certain Admitted Insurers: § 679.71 No admitted insurer shall fail or refuse to accept an application for, or to issue a policy to an applicant, or cancel insurance, under conditions less fa- vorable to the insured than in other comparable cases, except for reasons applicable alike to persons of every marital status, sex, race, color, reli- gion, national origin, or ancestry; nor shall sex, race, color, religion, national origin, or ancestry itself constitute a condition or risk for which a high- er rate, premium, or charge may be required of the insured for such insurance. CA Code of Regulations (CCR): § 2646.6 ...... Requires insurers to collect and submit comprehensive insurance premium/exposure, marketing and customer demographic data by geographical area on an annual basis to the Department of Insurance. District of Columbia: Fire, Casualty, and Marine Insurance: § 35–1533 ...... Discrimination between individual risks of the same class or hazard in the amount of premiums or rates charged for any policy, or in the benefits or amount of insurance payable thereon, or in any of the terms or conditions of such policy, or in any other manner whatsoever, is prohibited, and the Superintendent is empowered after investigation to order removed at such time and in such manner as he shall specify any such discrimination which his investigation may reveal. Regulation of Casualty and Other Insurance Rates: § 35–1703 ...... (a) Rates for insurance within the scope of this chapter shall not be excessive, inadequate, or unfairly discriminatory. Georgia: Unfair Trade Practices: § 33–6–3; § 33–6–4(b)(A)(iii) ...... Prohibited unfair methods of competition and unfair and deceptive acts or practices in the business of insurance include the following: (A)(iii) Making or permitting any unfair discrimination in the issuance, renewal, or cancellation of any policy or contract of insurance against direct loss to residual property and the contents thereof, in the amount of premium, policy fees, or rates charged for the policies or contracts when the discrimination is solely based upon the age or geographical location of the property within a rated fire without regard to objective loss experience relating thereto. Regulation of Rates, Underwriting Rules, and Related Organizations: § 33–9– (1) [Insurance] rates shall not be excessive or inadequate, as defined in this Code section, nor shall they be unfairly discriminatory. 1; § 33–9–4. GA Regulations: 120–2–65; 120–2–66 ...... Prohibitive underwriting guidelines for automobile insurance. Prohibitive underwriting guidelines for property insurance. Illinois: Unfair Methods of Competition and Unfair and Deceptive Acts and Practices: Prohibited unfair methods of competition or unfair and deceptive acts or practices include the following: 215 ILCS 5/423; 215 ILCS 5/424; 215 ILCS 5/155.22. (3) Making or permitting, in the case of insurance of the types enumerated in classes 2 and 3 of section 4, any unfair discrimination between individ- uals or risks of the same class or of essentially the same hazard and expense element because of the race, color, religion or national origin of such insurance risks or applicant. No company authorized to transact in this State the kinds of business described in Classes 2 and 3 of Section 4,1 and no officer, director, agent, clerk, employee or broker of such company shall upon proper application refuse to provide insurance solely on the basis of the specific geographic location of the risk sought to be insured unless such refusal is for a business purpose which is not a mere pretext for unfair discrimination. Louisiana: Unfair Trade Practices: § 22.1213; § 22:1214(7) ...... Prohibited unfair methods of competition in the business of insurance include the following: (7)(d) Making or permitting any unfair discrimination between individuals or risks of the same class and of essentially the same hazard by refusing to insure, refusing to renew, cancelling, or limiting the amount of insurance coverage on a property or casualty risk solely because of the geographic location of the risk, unless such action is a result of the application of sound underwriting and actuarial principles related to actual or reasonably anticipated loss experience; (e) Making or permitting any unfair discrimination between individuals or risks of the same class and of essentially the same hazards by refusing to insure, refusing to renew, canceling, or limiting the amount of insurance coverage on the residential property risk, or the personal property contained therein, solely because of the age of the residential property; (f) Refusing to insure, refusing to continue to insure or limiting the amount of coverage available to an individual solely because of the sex, marital status, race, religion, or national origin of the individual. However, nothing in this Subsection shall prohibit an insurer from taking marital status into account for the purpose of defining persons eligible for dependent benefits. Nothing in this Section shall prohibit or limit the operation of fra- ternal benefit societies. § 22:652 ...... No insurer shall make or permit any unfair discrimination in favor of particular individuals or persons, or between insureds or subjects of insurance having substantially like insuring risk and exposure factors, or expense elements, in the terms or conditions of any insurance contract, or in the rate of amount of premium charged therefor, or in the benefits payable or in any other rights or privileges accruing thereunder . . . Loisiana Insurance Rating Commission and Rate Regulation: § 1402; § 1404 (2) [Insurance] rates shall not be excessive, inadequate or unfairly discriminatory. New York: Unfair Claim Settlement Practices; Other Misconduct; Discrimination: § 2606 .. (a) . . . no individual or entity subject to the supervision of the superintendent shall because of race, color, creed or national origin: (1) Make any dis- tinction or discrimination between persons as to the premiums or rates charged for insurance policies or in any other manner whatever. (2) Demand or require a greater premium from any persons than it requires at that time from others in similar cases. (b) . . . no individual or entity subject to the superintendent’s supervision shall solely because of the applicant’s race, color, creed or national origin: (1) Reject any application for a policy of insurance issued and/or sold by it. (2) Refuse to issue, renew or sell such policy after appropriate applica- tion therefor. § 2607 ...... No individual or entity shall refuse to issue any policy of insurance, or cancel or decline to renew such policy because of the sex or marital status of the applicant or policyholder. Property/Casualty Insurance Rates: § 2301; § 2303 ...... Rates shall not be excessive, inadequate, unfairly discriminatory, destructive of competition or detrimental to the solvency of insurers. North Carolina: Unfair Trade Practices: § 58–63–10; § 58–63–15(7) ...... Prohibited acts of unfair discrimination include: (7)c. Making or permitting any unfair discrimination between or among individuals or risks of the same class and of essentially the same hazards by refusing to issue, refusing to renew, canceling, or limiting the amount of insurance coverage on a property or casualty risk because of the geo- graphic location of the risk, unless: 1. The refusal or limitation is for the purpose of preserving the solvency of the insurer and is not a mere pretext for unfair discrimination or 2. The refusal, cancellation, or limitation is required by law. d. Making or permitting any unfair discrimination between or among individuals or risks of the same class and of essentially the same hazard by re- fusing to issue, refusing to renew, canceling, or limiting the amount of insurance coverage on a residential property risk, or the personal property contained therein, because of the age of the residential property, unless: 1. The refusal or limitation is for the purpose of preserving the solvency of the insurer and is not a mere pretext for unfair discrimination, or 2. The refusal, cancellation, or limitation is required by law.

VerDate Aug 31 2005 00:20 Jul 01, 2008 Jkt 041999 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S25SE6.REC S25SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S11224 CONGRESSIONAL RECORD — SENATE September 25, 1996 STATE LAWS GOVERNING UNFAIR DISCRIMINATION IN INSURANCE—Continued [Below is a compilation of laws and regulations in the 50 states and the District of Columbia which address unfair discrimination in insurance practices, violations of civil rights, or which permit insurance departments to investigate unfair trade practices. All 50 states and the District of Columbia have enacted statutes or regulations, or both, to address these issues. Except where otherwise indicated, all citations are to insurance codes or regulations]

State: Citation and chapter/section heading Relevant text

Regulation of Insurance Rates: § 58–40–1; § 58–40–20 ...... (a) In order to serve the public interest, rates shall not be excessive, inadequate or unfairly discriminatory. Texas: Misrepresentation and Discrimination: Art. 21.21 sec. 3; Art. 21.21 sec. 4 ...... Prohibited acts of unfair discrimination include: (7)(c) Making or permitting any unfair discrimination between individuals or risks of the same class and of essentially the same hazards by refusing to renew, canceling or limiting the amount of coverage on a policy of insurance covered by Subchapter C, Chapter 4, of this code because of the geo- graphic location of the risk unless: (1) the refusal, cancellation or limitation is for a business purpose that is not a mere pretext for unfair discrimination; or (2) the refusal, cancellation or limitation is required by law or regulatory mandate. Casualty Insurance and Fidelity, Guaranty and Surety Bonds: Art. 5.14 ...... (3) Rates shall be reasonable, adequate, not unfairly discriminatory. 1 215 ILCS 5/4.

FAIR HOUSING INITIATIVE PROGRAM vision of insurance and other services needs to refocus its activities, away Mr. BURNS. Mr. President, during under contract. from such activities as trips abroad, to consideration of the VA, HUD, and Nowhere in the Fair Housing Act is ensure that these critically needed independent agencies appropriations property insurance mentioned. More risk-based capital standards are devel- bill on September 5, 1996, several of my than 50 years ago, Congress wisely de- oped and operative. colleagues made statements about lan- cided that, in the area of insurance reg- I also am very concerned over guage contained in the report accom- ulation, the States should be spared OFHEO’s lapse in its responsibility for panying the bill that directs HUD to Federal interference. Under the the timely development of these risk- expend the limited funds available for McCarran-Ferguson Act of 1945, Con- based capital standards, and I urge the Fair Housing Initiative Program gress explicitly provided that, unless a OFHEO to expedite these necessary [FHIP] only on such forms of discrimi- Federal law ‘‘specifically relates to the rulemaking requirements. I also advise nation as are explicitly identified business of insurance,’’ that law shall that the Housing and Community De- under title VIII of the Civil Rights Act. not be deemed applicable to insurance velopment Act of 1992 established The Fair Housing Act makes no men- practices. By applying the Fair Hous- OFHEO as an independent office in tion of property insurance. A reading ing Act to insurance, HUD simply dis- HUD and not as a new Federal agency. of the legislative history of the act will regards the fact that the law does not Nevertheless, in a time of Government disclose that Congress intentionally ‘‘specifically relate to the business of downsizing, OFHEO continues to re- left out property insurance because in- insurance.’’ quest additional staff and funding, surance is a State regulated activity. Mr. President, the courts are divided while focusing on activities other than Since the States regulate property in- on this issue. It was disappointing that its primary responsibility to promul- surance and have laws and regulations the Supreme Court failed to grant cer- gate financial safety and soundness addressing unfair discrimination in tiorari in the case of Nationwide Mu- rules. property insurance, it was our conclu- tual versus Cisneros. The Court could The 1992 housing bill, which I worked sion that this is one area where HUD have resolved the conflict that now ex- on, intended OFHEO, as a practical does not need to expend its resources. ists in 2 circuits out of our 13 Federal matter, to be a tripwire to alert Con- Moreover, the report language was circuit courts. The two courts that included in response to testimony from gress and the Nation to any significant have found that the Fair Housing Act financial risks that may be confronting the Department of Housing and Urban applies to property insurance practices Development stating it had limited re- Fannie Mae and Freddie Mac. This is a have relied on HUD’s regulations, critically important function and sources available for the FHIP Pro- which, without any statutory author- gram. It was our thought that HUD OFHEO’s primary function—I do not ity, refer to discrimination in property think that anyone intends or expects should use its limited resources to ad- insurance. In other words, HUD did not dress only those areas specifically OFHEO to become a new agency or act have a law, so the bureaucrats got to as a political entity. I expect the GAO mentioned in the law that include the work and created one through regula- sale, rental, and financing of housing audit to lend some perspective to tions. OFHEO’s purpose, its ability to per- and in the provision of brokerage serv- There is simply no justification for form its purpose, and recommend ways ices. HUD continuing to expend funds for in- to streamline and ensure OFHEO’s ca- Throughout all of its efforts and surance regulatory activities that du- pacity and expertise will meet its rule- funding of outside groups to inves- plicate comprehensive State regulation making and regulatory functions. tigate insurance practices, it is inter- at the expense of the American tax- esting that neither HUD nor the pri- payer. HUD would do better to work DRINKING WATER HEALTH EFFECTS RESEARCH vate groups it funds with public money within the framework of the law with Mr. BOND. Mr. President, since com- have been able to produce one indi- its limited resources. pletion of the VA-HUD conference, vidual who has failed to purchase a OFFICE OF FEDERAL HOUSING ENTERPRISE some confusion has arisen as to fund- home because insurance was denied to OVERSIGHT ing of drinking water health effects re- that person. So much for ‘‘no insur- Mr. BOND. Mr. President, the con- search. First, let me state unequivo- ance, no loan, no house.’’ ference report to H.R. 3666, the VA/ cally that I strongly support funding In a statement released September HUD Fiscal Year 1997 Appropriations for drinking water health effects re- 11, 1995, Max Boozell, the Illinois direc- Act, included an amendment by Sen- search to ensure that rules governing tor of insurance, stated, ator BENNETT, that requires GAO to drinking water quality are based on I am very disturbed by the contention that audit the operations of the Office of the best science and result in cost-ef- major homeowner insurance companies are Federal Housing Enterprise Oversight fective protection of public health. As redlining in Chicago. To the contrary, our a member of the Environment and Pub- 1994 study of homeowners insurance not only [OFHEO] concerning staff organization, reflects a healthy, viable urban insurance expertise, capacity, and contracting lic Works Committee, I advocated market in Illinois, but provides no hard evi- authority to ensure that the resources amending the Safe Drinking Water Act dence of institutional redlining by any Illi- are adequate and that they are being to change the standard setting process nois insurer. used appropriately to ensure that and improve the scientific basis for Nor is this a civil rights debate as Fannie Mae and Freddie Mac are ade- regulations. many would have us believe. Activities quately capitalized and operating safe- As chairman of the VA, HUD, and of the Justice Department under the ly. As Senator BENNETT previously ad- Independent Agencies Appropriations Fair Housing Act have not been cur- vised, OFHEO is over 2 years behind in Subcommittee, I have worked to fund tailed, nor does the inclusion of this re- developing risk-based capital standards fully the new State revolving fund pro- port language impact the application which are intended to ensure the finan- gram for the construction of drinking to property insurance practices of sec- cial safety and soundness of these Gov- water plants. The conference report be- tion 1981 of the U.S. Code, which pro- ernment-sponsored entities. Senator fore us includes $1.275 billion—$550 mil- hibits racial discrimination in the pro- BENNETT further advised that OFHEO lion as requested by the President, and

VerDate Aug 31 2005 00:20 Jul 01, 2008 Jkt 041999 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S25SE6.REC S25SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 25, 1996 CONGRESSIONAL RECORD — SENATE S11225 an additional $725 million to restore earmark is intended to be a floor from tack the Family and Medical Leave funds previously appropriated for this which the EPA may supplement the Act as he did the other day. He criti- program but released last month for Coordinated Tribal Water Quality Pro- cized the Family and Medical Leave clean water SRF’s. gram. The additional funding will Act as an example of ‘‘the long arm of Unfortunately, delays in enactment allow the tribes to fulfill their roles as the Federal Government’’ interfering of the Safe Drinking Water Act amend- comanagers of water quality in Wash- with the rights of business owners. As ments precluded in VA–HUD sub- ington State. he stated, ‘‘My view is, why should the committee’s consideration of the many Mrs. MURRAY. I thank the distin- Federal Government be getting into additional funding requirements asso- guished Chairman for this clarifica- family leave? * * * the Federal Govern- ciated with implementation of this leg- tion. ment ought to be out of it.’’ islation. The PRESIDING OFFICER. Pursuant Bob Dole is wrong about family and However, the conference agreement to the previous order, the conference medical leave and many other issues. acknowledges that the new legislation report accompanying H.R. 3666, the In more and more American homes will require resources, and states ‘‘the VA–HUD appropriations bill, having today, both parents must have jobs in conferees expect EPA to address any been received, the conference report is order to support their families. A sub- funding requirements for implementa- agreed to, and the motion to reconsider stantial majority of children live in tion of [this] important statute, such is tabled. families where neither parent is at as drinking water health effects re- The conference report was agreed to. home during the day because of their search, in the agency’s operating Mr. GORTON. I suggest the absence jobs. If we value families—if we are se- plan.’’ of a quorum. rious about helping parents meet the Funding for drinking water health ef- The PRESIDING OFFICER. The needs of their children—then family fects research—outside of the amounts clerk will call the roll. medical leave is essential. Family included in the science and technology The legislative clerk proceeded to members must be allowed time off account—was not in either House or call the roll. from work to care for a newborn in- Senate version of the VA-HUD bill, and Mr. KENNEDY. Mr. President, I ask fant, to nurse a sick child back to hence was not an issue in conference. unanimous consent that the order for health, or to be with a sick parent or While I object to off-the-top setasides the quorum call be rescinded. spouse in a time of medical crisis. from State revolving funds, I fully sup- The PRESIDING OFFICER. Without The price of meeting these family re- port funding for health effects research objection, it is so ordered. sponsibilities should not be losing your from the science and technology ac- Mr. KENNEDY. I ask unanimous con- job. That is why family and medical count, which funds all of EPA’s re- sent to proceed for 5 minutes. leave is essential. Bob Dole may not search activities. Should EPA propose The PRESIDING OFFICER. Without understand this, but American people, to increase the relative priority for objection, it is so ordered. by an overwhelming majority, do un- health effects research as part of its f derstand it. operating plan, and request additional The current law has made a dramatic STRENGTHENING THE FAMILY funding for such research within the difference for working families. But, it AND MEDICAL LEAVE ACT $542 million appropriated for science does not address another very impor- and technology, it is my expectation Mr. KENNEDY. Mr. President, pas- tant issue for such families—the need that this would be favorably received. sage of the Family and Medical Leave for a brief break in the workday to In conclusion, I encourage EPA to Act in 1993 was a true landmark for meet the more routine, but still very consider carefully the funding require- America’s families. For the first time, important, demands of raising chil- ments associated with this new legisla- millions of working men and women dren. At a time when more children tion, and propose a redirection of funds were freed from the threat of job loss if than ever are growing up in one parent for these important activities within they needed time off for the birth of a homes or in families where both par- the $6.7 billion fiscal year 1997 appro- child or to care for a sick family mem- ents work outside the home, this flexi- priation. ber. bility is becoming more and more es- COORDINATED TRIBAL WATER QUALITY PROGRAM The act has worked well—for employ- sential. Mrs. MURRAY. Mr. President, I want ees and for their employers. Employees Every working parent has experi- to thank the subcommittee for its hard are now able to take a leave of absence enced the strain of being torn between and diligent work on this bill. In par- to be with their children or with a sick the demands of their job and the needs ticular, I appreciate the earmark of relative at a crucial time for the fam- of their children. Taking a child to the $500,000 for the Coordinated Tribal ily, so that they can provide the spe- pediatrician, meeting with a teacher to Water Quality Program for fiscal year cial care and compassion which are the discuss a problem at school, accom- 1997. glue that binds a family together. In panying a child to a school event, This program began in 1990 when the the 3 years since its enactment, it has watching a child perform in a special 26 tribes and tribal organizations in already helped millions of American recital or in the big game—all of these Washington State came together with families. often require time off from work. No a cooperative intergovernmental strat- For seriously ill children it is par- parent should have to choose between egy to accomplish national clean water ticularly important. Having the emo- alienating the boss and neglecting the goals. As a result of Federal court deci- tional support of close family members child. sions, the State of Washington has rec- can be a crucial element in their recov- Many employers understand this, and ognized the tribes as comanagers of ery. Allowing a parent the time to be allow their workers to take time for water quality in the State. This pro- with his or her child under these cir- family responsibilities. But many other gram has been an effective tool for cumstances can truly make a dif- companies refuse to accommodate leveraging scarce public funds to cre- ference. their workers in this way. The ability ate viable, watershed-based water qual- The impact on employers has been of parents to meet these family obliga- ity protection plans. negligible. A research survey commis- tions should not be dependent on the It is my understanding that the sioned by the Bureau of Labor Statis- whim of their employer. In a society $500,000 earmark in the committee re- tics found that 93 percent of businesses that genuinely values families, it port is not intended to preclude the Co- incurred little or no additional cost should be a matter of right. ordinated Tribal Water Quality Pro- due to the Family and Medical Leave Under proposed Democratic amend- gram from receiving the needed addi- Act. There was no noticeable effect on ments to the Family and Medical tional $2 million from the Environ- productivity, profitability, and growth Leave Act, working parents would be mental Protection Agency’s existing resulting from the new law, according entitled to 4 hours of unpaid leave a funds under section 104(b)3 of the Clean to 87 percent of the businesses sur- month, up to a total of 24 hours of Water Act. veyed. leave a year, to participate in their Mr. BOND. Mr. President, the Sen- In light of these facts, it is particu- child’s school and community activi- ator from Washington is correct. The larly shocking that Bob Dole would at- ties or to take that child to the doctor.

VerDate Aug 31 2005 00:20 Jul 01, 2008 Jkt 041999 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S25SE6.REC S25SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S11226 CONGRESSIONAL RECORD — SENATE September 25, 1996 Employers would have to receive at will contain language that seems to one objection. More importantly, the least 7 days advance notice of each ab- have been drafted directly by the Na- child needs protection, and he or she sence, so that employers will have tional Rifle Association. This new lan- deserves it. ample opportunity to arrange work guage would allow child abusers to If we can’t protect the most vulner- schedules around the brief absence of have guns. It also lets off the hook all able among us, our abused children, the employee. wife beaters who are convicted in a what does that say about us? What Clearly, this legislation is needed. A bench trial, that is, as opposed to a does it say about this cowardly Con- recent survey of 30,000 PTA leaders jury trial, just a judge sitting there. gress? What does it say about the found that 89 percent of parents cannot And it contains special notification re- power the National Rifle Association be as involved in their children’s edu- quirements that will allow many wife has over our entire society? cation as they would like because of beaters to hold on to their guns, and Mr. President, excluding child abus- job demands. A Radcliffe Public Policy that will say to these wife beaters: For ers from this ban would be reason Institute study completed last year you, unlike for everyone else in our so- enough to defeat this amendment. But found that the total time that parents ciety, ignorance of the law is an appro- there is more. This amendment would spend with their children has dropped priate excuse. also allow many wife beaters to con- by a third in the past 30 years. This dis- Mr. President, perhaps it is obvious, tinue to possess firearms. The amend- turbing trend must be reversed. but I am absolutely outraged by this ment would entirely exempt from the Greater involvement of parents in proposal, and I hope Americans across ban anyone who has been convicted in their children’s education can make a our Nation will be outraged, particu- a trial that was heard solely by a vital difference in their learning expe- larly those who have a sister, a moth- judge. Only convictions from a jury rience. A big part of that involvement er, a daughter, those who care about trial would be subject to this watered- is more regular contact between parent what happens with women in our soci- down ban. Mr. President, I can tell you that and teacher, and more regular partici- ety. It represents a complete cave-in to many wife abusers in my State of New pation by parents in their children’s the most radical fringe of the gun Jersey are convicted in a bench trial. school activities. lobby. It will jeopardize the lives of They are brought before the judge and Many of those meetings and activi- thousands of battered women and chil- he renders a verdict. These convictions ties are scheduled during the workday. dren around our Nation. are entirely valid. They can send some- As a result, millions of parents are un- I am especially outraged because the one to jail or declare it a misdemeanor. able to participate because their em- language approved by the Senate had There is no basis for excluding those ployers refuse to allow time off. Per- won such broad, bipartisan support. charged and convicted by a judge—ex- mitting a modest adjustment in a par- Among those who approved this legis- cluding them from the prohibition. lation were Senator CRAIG, Senator ent’s workday can greatly enrich a Mr. President, States vary consider- child’s schoolday. All children will ben- LOTT, the distinguished majority lead- ably with respect to the types of efit from this kind of parental support er, and Senator HUTCHISON from Texas. crimes for which a jury trial is re- and encouragement, and so will the They all agreed to this. That is why my quired. In some States, jury trials are country. amendment passed this body by a vote used in most domestic violence cases. I suggest the absence of a quorum. of 97 to 2. But in others, judges handle many of Unfortunately, the gun lobby is now The PRESIDING OFFICER. The these cases. clerk will call the roll. intruding in the legislative process and So the effect of this amendment The bill clerk proceeded to call the emasculating this legislation. The NRA would be to exclude from the ban a roll. language, apparently being placed in large number of wife beaters, who hap- Mr. LAUTENBERG. Mr. President, I the CR, would completely gut the pro- pen to beat their wives in a State that ask unanimous consent that the order tections in our amendment. It would has a bench trial rather than a jury for the quorum call be rescinded. put guns directly in the hands of people trial. These wife beaters may have been The PRESIDING OFFICER (Mr. who have beaten their wives or abused just as violent as those in other States, FRIST). Without objection, it is so or- their kids. The end result, without any where other abusers would be tried by dered. question, would be more shootings, a jury. But under this new language, Mr. LAUTENBERG. Mr. President, I more injuries, and more death. these wife beaters would have a special ask unanimous consent that I be per- Mr. President, this new language has exemption. They would be off the hook. mitted to speak for up to 15 minutes. several flaws, and I want to take a mo- ‘‘Aha, you didn’t try me by a jury, so I The PRESIDING OFFICER. Without ment to explain them. First of all, this want my gun while I beat my wife.’’ objection, it is so ordered. amendment would completely exempt Meanwhile, the wives and kids will re- f child abusers from the ban on firearm main unprotected from gun violence possession. OK, you can beat your kid, and, for some, that will mean, very WIFE AND CHILD ABUSERS CAN you can still have your gun. Is that the STILL OWN GUNS simply, they are going to die. The dif- kind of society that we want? I don’t ference often between the beating and Mr. LAUTENBERG. Mr. President, think so. a murder is the presence of a gun. Mr. on September 12, the U.S. Senate, by a As I have explained, my proposal, as President, it is wrong. vote of 97 to 2, approved an amendment approved by the Senate, applies both to It is time to establish a very clear that I sponsored to ban wife beaters those who abuse their spouses and rule. If you are convicted of beating and child abusers from having guns. those who abuse their children. The your wife or your child, you lose your Last night, I learned something about new language in the Republican bill gun. If you are convicted of abusing this place that shocks me, and I am stands for the proposition that child your child, you lose your gun, no ifs, here now for 14 years. I learned that abusers may continue to possess their ands, or buts. even a mandate, voted on 97 to 2, can guns. Mr. President, another problematic be dispensed with by a wink of the eye Mr. President, that is absurd, it is provision in the new CR language—the and a nod of the head, with the Rifle outrageous, infuriating, and it is an in- continuing resolution is going to deter- Association looking over Members’ sult to women in our society. It is an mine how we finance most of Govern- shoulders. I was told last night that, insult to men who think positively ment, and I want everybody to under- behind closed doors, the Republican about the females in their lives. If stand that, starting with the fiscal leadership has decided to entirely gut someone assaults his own child and is year, October 1. That is how we are this legislation and say that someone convicted for it, that abuser, in my leg- going to finance Government. In that who beats his wife and beats his child islation, has sacrificed any claim to a is this language that gives special ex- ought to be able to own a gun. In other gun. That is the way I think it ought emption to wife beaters. The new lan- words, the gun is more valuable than to be, and 97 Senators agreed with me. guage says to wife beaters: We are the life that may be in jeopardy. That was the second vote, by the way, going to create a special exemption for According to the information I re- on my legislation. One time it was you if you have been convicted by a ceived, the continuing resolution now unanimous, by a voice vote, with not judge.

VerDate Aug 31 2005 00:20 Jul 01, 2008 Jkt 041999 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S25SE6.REC S25SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 25, 1996 CONGRESSIONAL RECORD — SENATE S11227 In general, as most Americans know, guns. And nobody should be fooled into children, we have their lives in our ignorance of the law is no excuse. But, believing otherwise. hands. here, there is another out for the wife Mr. President, I know the NRA has a We can save their lives by enacting beater. For some reason or other, lot of power around here. We see it ex- the Senate proposal, and keeping guns under this amendment, wife beaters hibited all the time—raw power. I do away from their abusers. Or we can would not be subjected to this rule. not know how many members they cave in gutlessly to the NRA. And they This amendment says that a wife beat- have. It is estimated, as I understand will die. And they will be buried in er must explicitly be given notice of it, at 3 million but they have 260 mil- their communities. But some of the the firearm ban at the time he is lion other Americans in the grip of grief has to extend to this place. charged or notified of the complaint. their hands. But isn’t there some point Mr. President, my message is simple. Otherwise, if the notice is not given at at which we draw the line? Isn’t their Wife beaters should not have guns, and the time of complaint or charging, the some point at which we draw the line? child abusers should not have guns. wife beater will be entirely free to have Isn’t their some point where we say And I urge my colleagues to stand up the gun. In other words, ‘‘Aha, I wasn’t enough is enough? Isn’t their some for the victims of domestic violence, to told that if I beat my wife, I might lose point where they want to protect their reject this sham legislation, and to my gun, so therefore, it is my gun and own wives, or their own children? Isn’t enact meaningful law to keep guns my wife, and if I want to beat her, I there some point when we can stand away from wife beaters and child abus- will beat her.’’ That is what they are behind a 97 to 2 amendment approved ers. saying. in the U.S. Senate and say, ‘‘Yes, we And if the NRA and their supporters Now, Mr. President, I am all for tell- meant it?’’ Or did we say in some cases insist on pushing a sham ban, I want to ing wife beaters they can’t have a gun we meant it until we got into the dark- put everyone on notice that I intend to at any time. That is the best way, and ness of a closed room and then we made fight this every step of the way with it ought to be. It should not be a pre- our deal, and in the light before the all the tools at my disposal. I yield the floor. requisite for a ban. After all, it is not public? Oh, no. We are good guys. We Mr. THURMOND addressed the Chair. a prerequisite for anyone also. Felons do not want those wife beaters to have The PRESIDING OFFICER. The Sen- are prohibited from having guns, re- guns, those child abusers to have guns. ator from South Carolina. gardless of whether they have ever But in the secret of a dark room they f been officially given notice. For them, said ‘‘Yes. The guy ought to have a ignorance of the law is no excuse. But gun. What the heck. He only beat his VOTE TO OVERRIDE THE under this amendment, it would be an wife.’’ If he beat the wife next door he PRESIDENT’S VETO OF H.R. 1833 excuse for a wife beater. would be in jail for 5 years; or, if he Mr. THURMOND. Mr. President, I In fact, this amendment is con- abused the child next door he would be rise today to speak on the President’s structed so poorly, that it would even in jail 5 years, or maybe in some States veto of legislation to ban partial-birth allow wife beaters to get guns if they they want child abusers to be in jail for abortions. did get notice, if the notice wasn’t at life. But if it is your own kid, if it is The President should have signed the time of the complaint or charging. your own wife, it is like that is chattel this legislation and helped us ban the In other words, if someone is only property, you know. Just do as you shocking procedure known as partial- given notice about the ban when please. birth abortions. Instead, he ignored the they’re convicted, they could still pos- Mr. President, I hope my colleagues overwhelming evidence that compels sess guns. will keep something in mind when they the need for this legislation to become Another effect of this language, Mr. think about this provision. This is law. I heard testimony on this matter President, is that it would completely nothing short of a matter of life and from doctors before the Judiciary Com- exempt from the ban anyone who beat death. mittee and without any doubt, the their wife, and was convicted, before Somewhere out there, there are thou- availability of this procedure is inde- the CR gets enacted, if they want to sands of battered wives and abused fensible. make it easy for these wife beaters to children. Thousands of innocent Ameri- The former Surgeon General, C. Ever- escape. This means that huge numbers cans who are virtually helpless against ett Koop, stated, and I quote, ‘‘In no of battered wives and abused children their abusers. way can I twist my mind to see that will remain vulnerable to firearm vio- Mr. President, every year, there are partial-birth —and then destruction of lence. about 2 million reported cases of do- the unborn child before the head is Mr. President, the bottom line is mestic violence. Very few of them get born—is a medical necessity for the that the provision apparently to be in- prosecuted because they are convinced mother.’’ cluded in the CR is not serious legisla- or frightened by the abuser that it Mr. President, one important issue tion even though Speaker GINGRICH would be tough. He wants to be for- that must be addressed here is the con- said on a Sunday show that was wit- given. In approximately 100,000 of these stitutionality of the partial-birth abor- nessed by millions of Americans when cases a gun is involved—some put this tion ban. I believe that based on Su- he said he would accept this propo- figure at 150,000. In other words, an ar- preme Court rulings in this area, the sition, this legislation that I put for- gument ensues, a gun is held, aimed Partial-Birth Abortion Ban Act of 1995 ward. He promised he would do it. But and pointed to the head of the woman, would survive a constitutional chal- once the NRA got hold of him and and he says, ‘‘If you do not do this I am lenge. In fact, in Planned Parenthood pulled on his coat a little bit he said, going to blow your head off.’’ And the of Southeastern Pennsylvania versus ‘‘Well, OK. Maybe we will just water it child witnessing that carries that trau- Casey the Supreme Court stated, ‘‘The down a little bit.’’ The same thing hap- ma for life. woman’s liberty is not so unlimited pened on the floor of this body. There is no question that the pres- * * * that from the outset the State It’s little more than a sham. It ence of a gun dramatically increases cannot show its concern for the life of claims to establish a gun ban for those the likelihood that domestic violence the unborn, and at a later point in fetal committing domestic violence. But it’s will escalate into murder. According to development the State’s interest in life been drafted cleverly by the gun lobby. one study, for example, in households has sufficient force so that the right of And, not surprisingly, it’s got loop- with a history of battering, the pres- the woman to terminate the pregnancy holes large enough to drive a truck of ence of a gun increases the likelihood can be restricted.’’ wife beaters through. that a woman will be killed threefold. The Casey decision established the Mr. President, the problems with this As Senator WELLSTONE put it so undue burden test with the threshold amendment go on and on. And that’s beautifully and succinctly on the floor question being whether the abortion- because this is not a serious amend- one day, all too often, the difference related statute imposes an undue bur- ment. It’s a sham. It is a dodge. It is a between a battered woman and a dead den on a mother’s right to choose to shame. woman is the presence of a gun. have an abortion. It’s a desperate attempt to let wife Mr. President, it is not an exaggera- Mr. President, I believe that the Par- beaters and child abusers keep their tion to say that for many women and tial-Birth Abortion Ban Act of 1995

VerDate Aug 31 2005 00:20 Jul 01, 2008 Jkt 041999 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S25SE6.REC S25SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S11228 CONGRESSIONAL RECORD — SENATE September 25, 1996 would survive constitutional challenge keep people out if it is such an awful wanted. We want good Government. and would be subject to the rational place? This country is a strong, re- Not more Government, we want good basis scrutiny because it does not im- sourceful, wonderful country that a lot Government. But we do not want peo- pose an undue burden on the mother’s of the people in the rest of the world ple taking Government apart in cir- right to choose to have an abortion. want to come to because it is a beacon cumstances where it is important to The legislation is constitutionally of hope and opportunity. help the lives of the American people. sound, serves a legitimate govern- The fact is this Congress is a very un- We want better schools. We want police mental interest, and should become usual Congress. At the start of this protection. We want a good Defense De- law. Congress, Republicans were elected to partment. We also want to care about The House recently voted to override control the House and the Senate. The the disabled. We want to care about the President’s veto of this important American people made that choice, and poor kids in school who are hungry in bill and we should join them when the I respect that choice. But they came to the middle of the day. Senate votes on Thursday. I urge my town, elected a new Speaker of the That is what this has been about. colleagues to override the President’s House of Representatives, and they had The manifestation of all of this was misguided veto of the Partial-Birth a victory lap like peacocks in full mat- that some of us said we will not agree Abortion Ban Act of 1995. ing season. It was almost like a corona- to cutting Medicare $270 billion so that I wish to thank the able Senator tion at the start of this Congress. And you can have a tax cut of $245 billion, from North Dakota for allowing me to full of themselves, they proposed a the majority of which will go to the speak at this time. range of issues. They said, look, the upper income folks. We will not agree Mr. DORGAN addressed the Chair. first thing let’s do, let’s invite the pol- to that. We will not agree to saying to The PRESIDING OFFICER. The Sen- luters into the U.S. Capitol in some- poor kids in school that you no longer ator from North Dakota. thing called project relief. We will tell can get a hot lunch. We will not agree Mr. DORGAN. Mr. President, I ask those corporations in America who are to stripping the entitlement for health unanimous consent to be allowed to disadvantaged by the clean air and the care for the disabled. speak in morning business for 8 min- clean water laws: Come in. Help us to What happened as a result of that? As utes. rewrite the clean air and clean water a result of that, we had a pique of The PRESIDING OFFICER. Without laws to make it a little easier for pol- anger, a fit of anger, and the Govern- objection, it is so ordered. luters. A couple hundred representa- ment was closed down twice. We will f tives of industries that pollute in just close it down, they said. We do not America were told by the majority: We care about Government anyway. Just ISSUES IMPORTANT TO THE would like to make it easier for you. close it down. And they closed it down. AMERICAN PEOPLE Now, the background here is that in The American people said: What kind Mr. DORGAN. Mr. President, earlier the last 20 years our country has dou- of behavior is this? Do they need adult this morning, as is often the case, in bled its use of energy. But in 20 years, supervision? What kind of behavior is the Senate we had a number of Sen- while we doubled the use of energy, we this in this Congress? ators come to the Senate floor with a also have cleaner air and cleaner They quickly turned against the ma- message that essentially the folks who water. Why would that be the case? Be- jority in this Congress. sit on the Democratic side of the aisle cause the American people decided and It is interesting; the second half of have not been very constructive in Congress responded to say to those who this Congress has been markedly dif- their legislative approach, and the Re- are polluting: You must stop polluting, ferent. It is exactly as the Democratic publican legislators have been carrying and if you do not, there will be severe leader portrayed it. The second half we the issues that were important to the penalties. Regulations requiring clean have accomplished some things which American people. They take on the air and clean water have cleaned up largely represent the agenda of those of President, and they take on the Demo- America’s airshed and cleaned Amer- us who fought for constructive cratic leader of the Senate. We have to ica’s waters—not perfect, but it is on changes. We have said there are health come to the floor occasionally to re- the road to substantial improvement care changes that we ought to make, spond to these, and I do so again today. even though we have doubled our use of and initially it was blocked and then It is interesting. Today we were told energy. embraced by the majority party, and that the Democratic leader of the Sen- The majority party said, by the way, we passed the health care reform bill. ate, Senator DASCHLE, was wrong in his we will make available some office We said we ought to have an adjust- assessment of the 104th Congress. They space for you. You all come in and tell ment in the minimum wage; it has said he didn’t know what he was talk- us how we can back away from clean been 7 years. Initially, it was blocked ing about with respect to the 104th air and clean water regulations. A sig- and then embraced by the majority Congress. Why, this was a wonderful nificant calculation, but that was just party, and we passed a bipartisan min- Congress. What a productive Congress the tip of the iceberg. They seemed to imum wage bill. it was. think that their mandate was this There are a number of steps which I would like to talk a little about country would want more pollution have occurred that represent bipar- that because at the first part of this and less education and more defense tisan achievements finally in the latter Congress I recall seeing someone stand but less health care; proposals that stages of this session. And now this ses- on the other side of the floor and offer said let us provide a very significant sion limps to a close. We have not yet a message to the American people, say- tax break that will provide a $30,000 tax enacted five of the appropriations bills ing we ought to be ashamed of the last refund if you happen to be making so we will have those put into what is 50 years; what an awful place this $300,000 a year. Smile all the way to the called a continuing resolution. country has become—50 years downhill bank. And in order to pay for that, we I think the record of this Congress is for America. Who caused it? The Demo- are going to tell little children in going to provide some of the most re- crats, of course, according to that school: If you are a poor kid going to markable reading for historians a cen- speaker. I rose that day, and I said we school, in the middle of the day you no tury from now. They will look at this must be living in different countries. longer have entitlement to a hot lunch. and they will scratch their head and Let me stand up and say I am proud Or say to people who are disabled: We say: What on Earth happened in 1995 of the last half century in this country. are going to make sure that you no and 1996? They will see two different I am proud of what we have done. In longer have an entitlement to health Congresses, one confrontational, bellig- fact, some of the same people who tell care if you are disabled. erent, give no quarter, extreme, push- us that this country has gone to hell in You think that was not the case. It ing and pushing and pushing for a phi- a handbasket, they would say, are sug- was. One hundred proposals in the first losophy which believes that America is gesting that we build a fence to keep 100 days, some of them so bizarre, so helped if you somehow put something immigrants out. extreme, so far off the chart that I in at the top and let it all drip down Why would someone suggest we need think the American people took a look and filter down and trickle down to the to build a fence around this country to at this and said: That is not what we rest, fought tooth and nail by others

VerDate Aug 31 2005 00:20 Jul 01, 2008 Jkt 041999 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S25SE6.REC S25SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 25, 1996 CONGRESSIONAL RECORD — SENATE S11229 who believe that America’s economic WHITEWATER PARDONS advantaged people to increase her real engine is represented by the folks on Mr. FAIRCLOTH. Mr. President, I estate holdings and to redecorate her the foundation at the bottom who are rise to speak on what I consider a trav- home. Who is going to pay for the working every day, working hard to esty that I believe to be imminent. Mr. $300,000 loss? The hard-working tax- try and make do for themselves and President, yesterday a number of news- payers in this country. The McDougals their families. We call that the per- papers reported that President Clinton ran a savings and loan into the ground colate up belief in this economy. Hu- refused to rule out a pardon for his and into bankruptcy. That cost the bert Humphrey used to say trickle Whitewater business partners James American taxpayers $68 million. Today, down, percolate up. He said trickle and Susan McDougal and former Gov. on the Senate floor, we will very likely down, now that is the theory where if Jim Guy Tucker. He would not rule it consider legislation to address the you feed the horse some hay, later on out, and, Mr. President, I believe that problems of funding the savings and the birds will have something to eat. he has ruled it in. loan crisis. It is still with us. Banks Anyone who has been around horses The President said that such pardons and savings and loans that had nothing knows what all that means. That is would be handled in a routine fashion. to do with creating the crisis are going trickle down. Supply-side economics, I do not see how he can think about to be taxed to pay billions of dollars some call it. Supply-side, that is when handling the McDougals and Governor more to help end this and solve the the other side gets all the supplies. Tucker in a routine fashion. That is ab- problem. That is pretty easy to understand. surd. You can rest assured that there are My only point today is to say those His statements should serve as a job losses in this country, and many of who characterize this Congress as a warning to voters of what to expect them, because of the billions that the Congress constructive only by the ma- after the election. It is very possible banking industry will have to pay back jority party over the objections of the that there will be pardons for all those to further solve the savings and loan minority misconstrue the record of involved in Whitewater, and the sig- crisis. But I have not heard anybody this Congress. This Congress started in nificance of this outrage should not be complaining about the job losses. Yet, a set of circumstances that represented lost on the public. The President was you see a nightly sympathetic por- the most extreme proposals, including sending a strong message to the trayal of the position of Susan finally Government shutdowns because McDougals and their friends. Susan McDougal, who contributed to the we would not go along, and then Con- McDougal is in jail for contempt of losses significantly, and about the gress changed and the second half of court because she refuses to answer le- plight of her life now that she has been this Congress has been more productive gitimate questions before a duly con- caught and convicted. because it has been bipartisan and be- stituted Federal grand jury that is at- Mr. President, I hope the American cause we have seen the embracing of tempting to investigate Whitewater. people would not be fooled by President some of the constructive things that Her defiance is a challenge to the foun- Clinton’s action. I can only conclude, we think, policies that we think will dation of our judicial system, and, Mr. and I do not think anybody can con- make life better in this country for the President, her attempt to politicize her clude otherwise, that he intends a full American people. criminal convictions, handed down by a pardon, which would amount to a full- My point is this. This Congress does jury of fellow Arkansans, is out- blown coverup of Whitewater, between not work, cannot work, and will never rageous. November and his exit from the Presi- work with one party trying to make it She clearly got the message yester- dency, in January. He just needs to work. Congress will always work and day, however, when she read the head- keep everyone tight-lipped until the work best if you find bipartisan con- lines. Essentially, the message was, November election and then he will sensus. The fact is, Senator Dole sat ‘‘Hang in Susan. The cavalry is com- over there during his Senate career. I eliminate Whitewater as an issue alto- ing. Don’t break down and cooperate. have said before and I will say again gether. The pardon is on the way after the that Senator Dole is a wonderful Amer- Can you imagine what would have ican who has provided enormous serv- election.’’ happened, how changed things would The same message went to her ice to this country, and I deeply admire have been, if Richard Nixon had been former husband, Jim McDougal. He is him. He served here many, many years. so bold? What if he had simply par- facing 84 years in prison for his convic- While I might disagree with him on doned all Watergate burglars imme- some policies, he, I think, was a re- tion last May, and he is supposedly co- diately after his election? If he had, markable Senator. I have said before operating with the Independent Coun- Watergate would not be in the and let me say again, I would not trade sel in an attempt to reduce his prison vernacular of politics today and he Senator Dole for all 73 freshmen House sentence. Nonetheless, the President never would have been forced into a Republicans who came here bragging comes forth and says, ‘‘Jim, I’m raising resignation. they had no experience, and quickly the bid. I am offering a better deal. Mr. President, the American people showed it. The fact is, there are people Don’t cooperate with the prosecutors need to be forewarned and alerted. If serving in this Congress, Republicans and I will reduce your sentence to reelected, or not reelected, I believe and Democrats, for whom I have the nothing because I will pardon you even that Bill Clinton has every intention of most enormous respect, who have the before you start serving time.’’ pardoning his friends in the White- kind of experience which can provide How can the prosecutor attempt to water case. What does this say about solid, stable leadership for this coun- compete with a complete pardon from his supposed innocence in the affair? try, who will help this country advance the President? The message also went Many people would like to suggest and grow, help our economy produce out to Jim Guy Tucker. Now, Mr. that Whitewater is not a story, that it new opportunities, help maintain this Tucker received a light sentence that is old news, that it has no relevance for country’s leadership in the rest of the included no jail time, but he poten- today. They are wrong. Today’s head- world. We can, it seems to me, and tially faces other charges that Mr. lines, ‘‘Whitewater Pardons Possible’’ should, it seems to me, in the 105th Starr could bring. In exchange for speaks volumes about this administra- Congress not talk about just what we dropping those charges, Mr. Tucker tion and its integrity. This can be ap- do right and the other party does could cooperate more fully than he has. plied to a whole host of issues that wrong. We should talk about what we But now he has gotten the President’s have come before this administration, can do together. And part of the dem- message: Hold tight, sit still, the elec- and it is a good glimpse into how Mr. onstration of that is in what we have tion will be over in November and win, Clinton would conduct the Presidency done toward the end of the 104th Con- lose, or draw, you will be pardoned. if he were to be elected for 4 more gress. Mr. President, I would remind people years. Mr. President, I yield the floor. that 12 fellow Arkansans convicted the I yield the remainder of my time. Mr. FAIRCLOTH addressed the McDougals and Jim Guy Tucker. They The PRESIDING OFFICER. The Sen- Chair. were convicted of misusing taxpayers’ ator from Nevada. The PRESIDING OFFICER. The Sen- money. Mrs. McDougal used a $300,000 Mr. REID. Mr. President, it is my un- ator from North Carolina. Government loan intended for dis- derstanding the Senator from Nevada

VerDate Aug 31 2005 00:20 Jul 01, 2008 Jkt 041999 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S25SE6.REC S25SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S11230 CONGRESSIONAL RECORD — SENATE September 25, 1996 has 15 minutes under a unanimous con- weather, mixed with the brittle under- They are the first line of defense sent as agreement? brush, makes millions of acres nothing most of the time in stopping one of The PRESIDING OFFICER. That is more than tinderboxes waiting for a these fires. When they are in the mid- correct. flash of lightning, or a careless act by dle of one of these infernos, they push Mr. REID. I ask unanimous consent a human being. on and go for as many as 3 days with- that Senator FEINGOLD be allowed to So far this year in 1996, almost 6 mil- out sleeping. speak for up to 10 minutes as in morn- lion acres have been consumed by fires We also have as first line fire crews ing business. across the United States. About 90,000 people who rappel into an area off heli- Mr. INHOFE. Reserving the right to fires have started. Firefighters have copters. Helicopter firefighting is object. managed to quell most all the fires. something that is relatively new, but The PRESIDING OFFICER. The Sen- Those they have been unable to defeat these helicopters also take these peo- ator from Oklahoma. are in the hundreds. ple into very remote areas. Once they Mr. INHOFE. Mr. President, I do not The manpower required to battle have reached their destination, these believe I will object but I would like, Mother Nature is mindboggling. Mr. brave people rappel down to the fire for clarification purposes—I intended President, 25,000 firefighters worked and begin their work. to speak right after the Senator from this summer to save communities from They, too, carry huge packs. There Nevada. Would the 10 minutes be in- these wild raging fires. On August 30, it are 400 smokejumpers. There are only cluded as part of his 15 minutes? reached its peak; that is, the battle of 200 of these so-called heli-rappellers Mr. REID. No. The unanimous con- man against nature, when 22,000 men working for the Forest Service. sent was to give him 10 minutes. I did and women in 1 day were on the fire Hotshots are also part of the type 1 not say when it would be, but it would lines trying to control these fires. crews. These firefighters, part of an be as in morning business. The efforts of these firefighters are elite ground crew, are working the Mr. INHOFE. I would not object if I coordinated through a Government front lines of fires that have raged out would be allowed to speak for 5 min- agency called the National Interagency of control. Many times we have the utes prior to that. Fire Center, which is based in Boise, smokejumpers come in, we have the Mr. REID. I ask that be part of the ID. This agency was established 31 heli-rappellers come in and then if a unanimous-consent request. years ago as a cooperative project with fire cannot be contained, you have The PRESIDING OFFICER. Without the Bureau of Land Management and these hotshots come in and work the objection, it is so ordered. the Forest Service. front lines of fires that have raged out f When a fire breaks out, local fire- of control. fighters usually can handle it, but if Mr. President, very recently, I called THANKING FIREFIGHTERS they cannot, it is then that they call a man at one of the hospitals in Ne- Mr. REID. Mr. President, as I indi- the National Interagency Fire Center, vada. He was at the university medical cated last week, one of my concerns is in effect, asking for help. Then the Fire center. He was there because it is the how people feel about Government. We Center calls in resources from the Bu- best and perhaps the only intensive hear so much negativism that it seems reau of Land Management, Fish and care facility for people who are badly that nothing good ever happens in Gov- Wildlife Service, National Park Serv- burned in all of the State of Nevada. He ernment. Whenever I return to Nevada, ice, Forest Service, and the Bureau of was transported about 400 miles from a and especially when I go to the elemen- Indian Affairs, or any combination fire that he had been fighting. He had tary and secondary schools, and uni- thereof. As ground and air crews battle to be transported because Dave Webb, versities, I always tell those young these fires, the National Interagency the man who I called on the telephone, people that Government has done good Fire Center—experts in fire ecology, had been badly burned in a fire near things for people and continues to do fire behavior—work with the National Winnemucca, NV. He had second- and good things for people. Weather Service personnel to plan third-degree burns on his face, hands, What I want to do is, certainly, not strategies for fighting these raging and legs. whitewash what Government has done fires while keeping an eye, of course, When I called, he was not able to or is doing, because we all know we can on changing weather patterns. These handle the telephone. Someone had to do better and could have done better in fires become so intense, Mr. President, handle the telephone for him. He is one the past. What I want to do, on a peri- that they, on occasion, create their of the very brave men who every sum- odic basis, is talk about some of the own weather. mer endanger their own lives to go into things that are happening in Govern- As we all know, firefighting is a dan- these areas where it is difficult to com- ment that are good. gerous and unglamorous business. But prehend people would be willing to go Every summer, communities up and fighting wildfires is more grueling than into. down the east coast keep a wary eye most can imagine. I talked with him about what had out for the hurricane season and the There are different types of fire- happened, and he explained it to me, havoc that hurricanes wreak. It is hard fighters. There are the major league with a lot of humility, embarrassed for me to comprehend the devastation firefighters and there are firefighters that the fire had gotten to him and that has taken place in the State of who are referred to as type 2 crews. burned him so badly. He felt that he Florida, as an example. What are type 1 crews? They consist, had been a failure. Of course, he had Here in Washington, we only have to first of all, of smokejumpers. When the not been a failure. He had worked in look back a few weeks to the chaos fire breaks out and the National Inter- many of these fires. caused by Hurricane Fran. But just agency Fire Center is called, usually This happens every summer. He was getting a little bit of that vicious who they send in first are these very one of the lucky ones. He was not storm, the Potomac overflowed its courageous, well-trained men and killed. banks, we have roads that were washed women who are smokejumpers. These type 1 crews, like Dave Webb, out, and people all across Virginia have There are only 400 of them in the have worked together for many years. soaked basements. Commuting became United States, but they do so much. They know each other. They are, in ef- very difficult. They are chosen for their incredible fect, the Green Berets of the fire- Out in the western part of the United physical and mental stamina. These fighters. I extend my appreciation to States, we have problems that are also elite crews parachute into areas that the type 1 firefighting crews, those who created by nature. It happens almost are otherwise inaccessible. They carry jump out of airplanes, climb out of hel- on a yearly basis, and that, Mr. Presi- with them packs that can weigh over 80 icopters, who work the front lines. dent, is the calamity of wildfires. I am pounds. They jump from these air- Mr. President, there are others, sure people from the East have dif- planes with packs, as I indicated, though, thousands and thousands of ficulty understanding how these fires weighing over 80 pounds. In the packs, others who do not jump out of air- will rage over thousands and some- they have firefighting equipment, and planes or helicopters or are not trained times millions of acres of land. They they have food and water, enough to to be hotshots, but are extremely im- are very difficult to stop. The dry hot last them for up to 3 days. portant. These are the type 2 crews.

VerDate Aug 31 2005 00:20 Jul 01, 2008 Jkt 041999 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S25SE6.REC S25SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 25, 1996 CONGRESSIONAL RECORD — SENATE S11231 They come in, they fight fires. They at the conclusion of the Senator’s re- The PRESIDING OFFICER. Without watch fires after they have been put marks, I be allowed to speak for 15 objection, it is so ordered. out, because one of the real dangers we minutes for purposes of introduction of (See exhibit 1.) have with fires is they appear to be legislation. Mr. INHOFE. Mr. President, the sec- out, but some of the worst forest fires The PRESIDING OFFICER. Without ond attack on Senator Bob Dole by the we have had have been initiated after objection, it is so ordered. distinguished Senator from Massachu- the fire has been put out, when people Mr. INHOFE. Thank you, Mr. Presi- setts had to do with the Kennedy- thought the fires died down. dent. I will be very happy to accommo- Kassebaum bill, implying that Bob Over 3,000 fires in the Great Basin date the distinguished Senator from Dole was opposed and had been opposed alone burned almost 2 million acres Florida with his request. to the Kennedy-Kassebaum bill. I this summer, and communities across f would suggest to you, Mr. President, that one thing that Bob Dole was op- the State of Nevada were witness to SETTING THE RECORD STRAIGHT the dramas that played out in the hills posed to was a single payer Govern- and mountains above their homes. Mr. INHOFE. Mr. President, I hap- ment-run system which the President Driving just 2 miles out of Reno on pened to be presiding this morning had advocated earlier in his adminis- Highway 80 going to the west, you see when the very distinguished senior tration. In other words, socializing the results of one fire they had there Senator from Massachusetts, Senator medicine, taking about 12 percent of KENNEDY, made a number of comments. this summer. There in the Belli Ranch the economy of this country and put- I know that he would not intentionally area, 7,000 acres were consumed by a ting it in the hands of Government be- say anything that is not totally accu- fire that is suspected to have been cause they can do it so much better rate in reflecting upon the positions caused by an arsonist. This cost the than the private sector can do it. and past performances of Senator Bob taxpayers at least $2 million. That is what Senator Dole was op- Dole, but I think inadvertently he mis- As you go past the Belli Ranch area posed to. He was not opposed to some represented his stand on a number of and drive into the community, you are of the reforms that were found in the issues. I would like to just briefly go confronted by really a breathtaking Kennedy-Kassebaum bill. There were a over a couple of these. couple of reforms that he wanted that scene. First of all, it seems as if it has been You can see the black sweep of the ended up being in the bill. In fact, the over a year now since the demagoging President said that if the MSA’s, med- fires that rolled up and down hill after of Medicare has taken place on this hill. Then, almost magically, the black ical savings accounts, were added to floor. I was very pleased a year ago the Kennedy-Kassebaum bill, at one gives way to the beautiful green of the today, I believe it was, to read an edi- point he said he would veto it. Many of sage and other brush and grasses. This torial in the Washington Post. And, those on the other side of the aisle said green is the buttress of only about 10 or Mr. President, I do not think anyone that if the MSA’s are in, it would be 20 feet from the homes. The fire got has ever accused the Washington Post vetoed. within 10 to 20 feet of the homes. Saved of being a Republican publication. Why were people concerned about the and intact, the homes in the commu- So, finally, I feel that they looked at MSA’s? They were concerned about nity are alive with the daily hustle and this and thought this is such a serious them because those people who would bustle of life, having come so close to thing, that the Republicans had a pro- want to have a socialized approach to having been consumed, as other homes gram to save Medicare, and that by the health care delivery in this country in Nevada and the West were consumed admission of the board of trustees that know that once we have MSA’s, we will this summer. was appointed by President Clinton, if never go back to that system. So people in Nevada and other parts we did not do something, Medicare What do MSA’s do? They merely of the West are grateful to the men and would have gone broke by the year allow the choice of individuals so that women who put their lives on the line 2002, then that was updated a year later if an individual wants to shop around to stop the fires before communities and they said it really would be 2001, for his health delivery services, and he were swallowed up, just like the homes and the Republicans had a program to can save money doing so, then he can that were saved in the Belli Ranch fire. control growth, not cut—there has benefit and have the rewards of what This fire season is drawing to a close, never been any intention to cut bene- he has saved. I think that our health Mr. President, and we in the West fits of Medicare to the American peo- delivery in America is the only product breathe a sigh of relief that we have ple—but have controlled growth, do or service known that actually has a been able to endure again the wrath of away with waste and fraud and abuse built-in disincentive to save. And I am mother nature, or sometimes an act of and install some other things that guilty like everyone else. You know, if malice, or carelessness by man. would make it a viable program. I have my deductible and I go ahead We say thanks to the 22,000 fire- So, finally, the editorial boards and pay that, then I am inclined to go fighters that have been employed by around the country, that are normally and get any kind of medical or health the Federal Government during this not sensitive to Republican causes, ral- service that is out there because it no fire season. To the pilots who fly into lied and said, we are going to have to longer costs me any more money. That the face of these fires, the crews that do something about it. is human nature. jump out of these airplanes, out of I would like to read the last two sen- We finally got a modified medical these helicopters, the ground crews tences of an editorial found in the savings account system put into the that struggle against the infernos that Washington Post a year ago, just about Kennedy-Kassebaum bill. I say ‘‘modi- threaten communities, to the people of now. I believe it was a year ago today. fied.’’ It is only on a trial basis. It is the National Interagency Fire Center It was called ‘‘Medagogues, Cont’d.’’ going to prove itself. I heard estimates who coordinate so well so much of the This is the second one. A week before that we could actually reduce the total battle, I say thank you. And to my fel- that they had one where they dem- cost of health care in this country by low Americans, Mr. President, I say, onstrated very clearly and very persua- as much as 50 percent just by having that is how Government works for you. sively that what the Republicans were MSA’s. I yield the floor. trying to do was to save Medicare. The Mr. President, there is another thing Mr. INHOFE addressed the Chair. last two sentences are: we need to do that is not in this bill, The PRESIDING OFFICER. The Sen- The Democrats have fabricated the Medi- and that is to have some kind of med- ator from Oklahoma. care-tax cut connection because it is useful ical malpractice so we do not have such Mr. INHOFE. Mr. President, I ask politically. It allows them to attack and to a high defensive cost. But anyway, the unanimous consent to extend my 5 duck responsibility, both at the same time. fact that MSA’s are in there now—the minutes to not to exceed 10 minutes. We think it’s wrong. President had said he would veto it if Mr. GRAHAM addressed the Chair. Mr. President, I ask unanimous con- they were in there. He did not veto it. The PRESIDING OFFICER. The Sen- sent that at the conclusion of my re- I am glad he did not veto it. But cer- ator from Florida. marks, the editorial entitled tainly it was never Bob Dole’s inten- Mr. GRAHAM. I would like to add to ‘‘Medagogues, Cont’d’’ from the Wash- tion to oppose the Kennedy-Kassebaum that unanimous-consent request that ington Post be printed in the RECORD. bill with the reforms in it that he felt

VerDate Aug 31 2005 00:20 Jul 01, 2008 Jkt 041999 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S25SE6.REC S25SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S11232 CONGRESSIONAL RECORD — SENATE September 25, 1996 were in the best interests of the Amer- I think, essentially, what we—what do with Medicare. The Democrats have fab- ican people. Senator Dole, and what the Repub- ricated the Medicare-tax cut connection be- The third thing that Senator KEN- licans and the conservatives in this cause it is useful politically. It allows them to attack and to duck responsibility, both at NEDY said about Senator Dole that I body and in the other body—want to do the same time. We think it’s wrong. think was misleading, and it was a mis- is merely undo the damage that was representation of his position, was in done by that massive tax increase and The PRESIDING OFFICER (Mr. reference to tax cuts. It is true that actually repeal the taxes that were in- ASHCROFT). The Senator from Wis- Senator Dole, if elected President, creased in 1993. Essentially, that is consin is recognized. wants to come to Congress, which I be- what Senator Dole wants to do. I be- Mr. FEINGOLD. I ask unanimous lieve will still be controlled by the Re- lieve that is an accurate characteriza- consent I be allowed to speak for up to publicans, and come with tax cuts. tion of his program. 10 minutes in morning business, and following my remarks, that Senator He outlined five major tax cuts. I am EXHIBIT 1 GRAHAM of Florida be recognized for up very supportive of all five of those tax [From the Washington Post, Sept. 5, 1996] to 15 minutes. cuts. People ask, how are you going to MEDAGOGUES pay for them? I think people forget The PRESIDING OFFICER. Without We print today a letter from House minor- objection, it is so ordered. about the fact that three decades in ity leader Richard Gephardt, taking excep- the last 100 years Presidents have de- tion to an editorial that accused the Demo- f cided to have tax cuts, and in all three crats of demagoguing on Medicare. The let- UNITED STATES POLICY TOWARD decades it has dramatically increased ter itself seems to us to be more of the same. INDONESIA the revenues. It tells you just about everything the Demo- Mr. FEINGOLD. Thank you, Mr. It is ironic that Senator KENNEDY crats think about Medicare except how to would be talking about tax cuts and all cut the cost. That aspect of the subject it President. I rise today to make a few puts largely out of bounds, on grounds that the damage that is being done when it brief remarks about United States pol- Medicare is ‘‘an insurance program, not a icy in Indonesia. was John Kennedy in 1962, when he was welfare program,’’ and ‘‘to slash the program President of the United States, who I am deeply concerned about some of to balance the budget’’ or presumably for the views being expressed by some said, and I quote: any purpose other than to shore up the trust fund is ‘‘not just a threat to...seniors, members of the Clinton administra- In short, it is a paradoxical truth that tax tion, and am particularly concerned be- rates are too high today and tax revenues families, hospitals’’ etc. but ‘‘a violation of a are too low. And the soundest way to raise sacred trust.’’ cause the administration has been the revenues in the long run is to cut rates That’s bullfeathers, and Mr. Gephardt quite culpable in the past with regard now. The purpose of cutting taxes now is not knows it. Congress has been sticking the to aspects of our Indonesia policy. De- to incur a budget deficit, but to achieve the budget knife to Medicare on a regular basis spite a violent crackdown in Jakarta more prosperous, expanding economy which for years. Billions of dollars have been cut on July 27—not quite 2 months ago— can bring a budget surplus. from the program; both parties have voted this administration says it still intends for the cutting. Most years the cuts have had That was what President Kennedy nothing to do with the trust funds, which, to go forward with the sale of nine F– said in 1962. And that is exactly what despite all the rhetoric, both parties under- 16 fighter jets to Indonesia. happened during the 1960’s with the stand to be little more than accounting de- Mr. President, the administration massive tax reductions, and we were vices and possible warning lights as to pro- had fully intended to send up notifica- able to have revenue increases—rev- gram costs. Rather, the goal has been to re- tion of this sale earlier this month. enue increases. duce the deficit. It made sense to turn to Fortunately, objections from myself Look what happened. The marginal Medicare because Medicare is a major part of and many of my colleagues convinced rates of our tax system in 1980 pro- the problem. It and Medicaid together are the administration that now was not now a sixth of the budget and a fourth of all duced $244 billion. In 1990, it almost spending for other than interest and defense. the right time to announce officially doubled to $466 billion, and that was If nothing is done those shares are going to the intention to sell fighter jets to In- during a 10-year period when we had rise, particularly as the baby-boomers begin donesia. the most massive cuts in our tax reve- to retire early in the next century. I am pleased that—for the time nues. There are only four choices, none of them being—this sale cannot move forward, So I think that it would be good to go pleasant. Congress can let the health care at least until Congress reconvenes in back and look at history and see that programs continue to drive up the deficit, or January. this country, when it has been over- it can let them continue to crowd out other But what concerns me today, Mr. programs or it can pay for them with higher taxed in the past, that they reduced taxes. Or it can cut them back. President, are recent statements that taxes and had the result of increasing The Republicans want to cut Medicare. It suggest that the administration nec- revenues. Certainly, we are in an over- is a gutsy step. This is not just a middle- essarily will attempt to notify Con- taxed posture right now. class entitlement; the entire society looks to gress again in January—apparently I have often said there are three the program, and earlier in the year a lot of without conditioning this move on any things that make this country non- the smart money said the Republicans would actions by the Indonesian authorities productive, on a global basis, and non- never take it on. They have. Mr. Gephardt is either in the past or in the coming competitive: One is our high tax rates; right that a lot of their plan is still gauzy. It months. is not year clear how tough it will finally be; one is overregulation; the other is our on alternate days you hear it criticized on Given the history of human right tort laws. There is not time in this grounds that it seeks to cut too much from abuses in Indonesia, as well as the brief time to cover that. the program and on grounds that it won’t events of July 27, I find this attitude I conclude, Mr. President, by saying cut all it seeks. Maybe both will turn out to difficult to accept. when Senator KENNEDY assailed Sen- be true; we have no doubt the plan will turn Last week, the Senate Foreign Rela- ator Dole for talking about tax cuts, out to have other flaws as well. tions Committee held a hearing on that he start realizing those individ- They have nonethless—in our judgement— United States policy toward Indonesia. uals—those of us who want to have tax stepped up to the issue. They have taken a We heard from two very capable ad- huge political risk just in calling for the cuts reductions—are the same ones that they have. What the Democrats have done in ministration witnesses and four distin- were trying to stop the 1993 tax in- turn is confirm the risk. The Republicans are guished private panelists, including a crease. In 1993, when President Clinton going to take away your Medicare. That’s political science professor from the had control of both the House and the their only message. They have no plan. Mr. University of Wisconsin, Madison. Senate, he passed a tax increase that Gephardt says they can’t offer one because As one of the witnesses commented, was characterized not by Republicans the Republicans would simply pocket the this may have been the first hearing in but by the chairman of the Senate Fi- money to finance their tax cut. It’s the per- many years to look at the full scope of nance Committee, which was Senator fect defense; the Democrats can’t do the American ties to Indonesia. right thing because the Republicans would MOYNIHAN, who said it was the largest then do the wrong one. It’s absolutely the Mr. President, I recognize that Indo- single tax increase in the history of case that there ought not be a tax cut, and nesia is an important country and a public finance in America or any place certainly not the indiscriminate cut the Re- valuable ally. It is the largest country in the world. publicans propose. But that has nothing to in Southeast Asia, and its population

VerDate Aug 31 2005 00:20 Jul 01, 2008 Jkt 041999 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S25SE6.REC S25SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 25, 1996 CONGRESSIONAL RECORD — SENATE S11233 of more than 200 million people is the [From the Washington Post, Sept. 20, 1996] rioting, but that the violence was sparked by fourth largest in the world. It plays a INDONESIAN SAYS SLOW APPROACH AVOIDS A government agents who wanted to discredit significant role in Asian affairs, and TRAP her movement and use the unrest as the pre- (By Keith B. Richburg) text for the wider crackdown that followed. has been instrumental in conflict reso- ‘‘It could not have been common people,’’ lution efforts in the region. It also has JAKARTA, INDONESIA, Sept. 19—Police are she said. ‘‘It must have been profes- been an important ally of the United still hauling in her supporters for ques- sionals.... I think there was some engi- States in international forums, such as tioning. Already more than 100 languish in neering. How could common people burn so the United Nations. jail, and dozens others are missing. A mem- many high buildings in such a short time? I I also salute Indonesia’s economic ber of parliament, she has been left off the think they wanted to make a trigger, a trap, list of candidates for next year’s parliamen- for people who are pro-democracy.’’ success, and believe there are many tary elections, meaning she may lose her valuable lessons in Indonesia’s experi- Sukarnoputri said her go slowly, softly ap- only official platform for challenging the proach—for example, not calling any new ence which can be applied to other de- government. Now the police say they will street protests and, thus, not defying a gov- veloping countries across the world. shut down her new headquarters because it ernment ban on rallies—is to avoid falling Mr. President, these achievements violates local zoning laws. into another ‘‘trap.’’ She said: ‘‘So many cannot—and do not—excuse Indonesia’s These are trying times for Indonesia’s pre- people try to make moves, to push, to push consistently dismal record on human mier opposition leader, Megawati PDI to use violence or hard action. But if we rights and its continuous assault on Sukarnoputri. Just a few months after she do, they will trap us, just like that riot.’’ emerged from virtual obscurity to become democratic freedoms. Some observers here—Western diplomats, the first real rallying point for opposition to journalists, academics—say Sukarnoputri Mr. President, I am particularly con- President Suharto’s 30-year rule, cerned about the massive human rights may be correct, that moving too quickly Sukarnoputri finds herself besieged, har- with mass actions will expose more of her abuses that continue in East Timor. assed, called in for questioning like a com- supporters to arrest, prison, or worse. As we all know, Indonesia has sus- mon criminal, facing the likelihood of being But many also say that with her quiet ap- tained a brutal military occupation of sidelined from her country’s tightly con- proach, Sukarnoputri may have let her mo- East Timor since 1975. Human rights trolled political process—and grappling with ment pass, that the momentum and pub- organizations from around the world, the mounting impatience of her own sup- licity generated by the government’s heavy- as well as our own State Department, porters. handed takeover of party headquarters may But even with these pressures weighing on continue to report substantial human already be lost. her, Sukarnoputri remains surprisingly san- ‘‘I don’t think she’s in an enviable posi- rights violations by the Indonesian guine, unhurried, almost eerily serene. She tion,’’ a Western diplomat said. ‘‘She can military—including arbitrary arrests is not out on the streets, not leading rallies, maintain her status as a symbol of opposi- and detentions, curbs on freedom of ex- not exhorting her followers. This morning, tion, but without doing anything, that pression and association, and the use of she is seated at the dining room table of her fades.’’ torture and summary killings of civil- spacious house in Jakarta’s south suburbs, The other legal challenges and obstacles ians. taking a Spanish lesson from her regular Sukarnoputri faces may prove even more More recently, we have heard reports tutor. damaging to her long-term ability to mount What has learning Spanish got to do with a credible challenge to the regime. of the Indonesian military conducting leading a ‘‘people power’’ movement against On Monday, the day for filing candidate systematic training of East Timorese Asia’s longest-serving and most durable lead- lists for next June’s parliamentary elections, youth to take part in local militia er? the anti-Sukarnoputri faction of the Demo- groups. We also have heard disturbing ‘‘I think it will be easier for me to commu- cratic Party showed up early in the morning reports of increasing religious and eth- nicate with Latin American people,’’; at the National Election Commission offices nic tension in East Timor, which at Sukarnoputri explains later, after the tutor with a list of names that did not include times is exacerbated by government in- has left for the day. ‘‘And also Spanish is Sukarnoputri or any of her supporters. When more important in the United States,’’ she a Sukarnoputri deputy came that afternoon action. adds, citing the increasing Hispanic popu- On top of the ongoing pattern in East with a separate ‘‘Megawati slate,’’ election lation there. officials refused to accept it. Timor, the July 27 events in Jakarta Sukarnoputri clearly has her own agenda. Sukarnoputri is challenging her ouster as reinforce my perception of an Indo- And while her backers and sympathizers may party leader in Indonesian courts, and she nesian regime that squashes alter- be growing frustrated, she is determined to said she also will file suit to have her can- native political discourse. proceed at her own slow and steady pace, didates’ list accepted. If she is not a can- On that day, hundreds of people ri- careful not to engage the government in di- didate next year, she will lose her seat and oted after President Soeharto at- rect confrontation and not be goaded by her whatever slim chance she may have had of tempted to oust Megawati more radical followers. running against Suharto for the presidency ‘‘They want me to do something more con- Sukarnoputri, a popular opposition in the next election in two years. (The Indo- crete, like have a rally,’’ she said. ‘‘But at nesian president is not directly elected but leader, from her position as chair of the moment, I think that is not a good tac- voted on by a people’s assembly.) Under In- the Indonesian Democratic Party, or tic, because so many people are still intimi- donesia’s restricted political system, if PDI. dated.’’ Sukarnoputri loses her current parliamen- During the riot, arson-led fires She said the political situation remains tary seat, she will be unable to gather sup- caused considerable property damage. tense after a July 27 riot—prompted by a porters, make speeches or call political ral- At least five people were killed, at government raid—in which five people were lies. least 149 injured, and hundreds ar- killed and several banks and government of- But Sukarnoputri is undeterred. She said fices gutted by fire. The government used rested. But, as Human Rights Watch she insists on exhausting all legal remedies the riot as a pretext to launch a widespread first, mainly as a way to test the independ- reports, many of those arrested did not crackdown on opposition organizers, labor ence of the country’s judiciary. If she is pre- appear to be responsible for initiating leaders, human rights activists and anyone vented from running for office next year, she the riot. Instead, most were linked, or else suspected of links to the long-dormant said, her exclusion will serve to point out accused of being linked, to the reform and outlawed Indonesian Communist Party, flaws in the electoral process. movement or specifically to the which tried to foment revolution here three ‘‘It will be a big problem for the govern- Megawati camp. decades ago. ment,’’ she said. ‘‘There are already so many Mr. President, I ask unanimous con- The most serious anti-government out- people protesting to the government [about] burst in recent memory, the July riot erupt- why I, a popular and sympathetic person in sent to have printed in the RECORD a ed after police backed by army troops raided the country, am not on the national list. September 20, 1996, article from the the old headquarters of the officially sanc- People will see the election is not free and Washington Post which describes how tioned Indonesian Democratic Party, or PDI, fair.’’ difficult it is for Megawati to operate to oust a group of Sukarnoputri supporters But even if she loses, Sukarnoputri dis- as an opposition candidate after gov- who had occupied the building in protest of agrees with the analysis that her stature ernment officials ousted her as party a government-orchestrated party coup that will fade. leader, threatened to shut down party replaced her as party leader. The govern- In our culture, there is not only a formal leader. There is also an informal leader,’’ she headquarters, and arrested many of her ment apparently feared that Sukarnoputri, the daughter of Indonesia’s charismatic first said. ‘‘Sometimes the informal leader can be supporters. president, Sukarno, could become a potent more powerful than the formal leader. You There being no objection, the mate- challenger to the incumbent Suharto. can see how my father, even though he has rial was ordered to be printed in the Sukarnoputri said today that she did not already passed away, in spirit still lives in- RECORD, as follows: believe her supporters were involved in the side the Indonesian people.’’

VerDate Aug 31 2005 00:20 Jul 01, 2008 Jkt 041999 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S25SE6.REC S25SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S11234 CONGRESSIONAL RECORD — SENATE September 25, 1996 She added, ‘‘I’m sure about that.’’ sider a military’s human rights record term as a Senator. As chairman of the Mr. FEINGOLD. The climate de- as one of the determining factors in de- Energy Committee, and now ranking scribed in the article clearly is not one ciding whether or not the U.S. Govern- member, Senator JOHNSTON has been a that supports freedom of expression, ment should license or facilitate a for- leading advocate of a comprehensive freedom of the press or freedom of asso- eign arms sale. national energy strategy. Under his ciation. As a result, I oppose the administra- leadership, Congress passed the land- The events of July 27 underscore the tion’s plans to allow the transfer of the mark 1992 Energy Policy Act, which Government’s intention to foster a re- F–16’s to Indonesia at this time, or in promoted increased conservation, in- pressive climate in the months leading the near future, and I intend to work creased competition in the wholesale up to the 1997 parliamentary elections. with a number of other Members of the electricity markets, and encouraged As the New York Times declared in a Senate who share that view to per- additional development of domestic recent editorial, ‘‘This is no time to be suade the administration that a change sources of energy. With this country selling high-performance warplanes to in policy is warranted here. now importing more than 50 percent of Indonesia.’’ Mr. GRAHAM addressed the Chair. the oil we consume every year, Senator The administration says its policy is The PRESIDING OFFICER. The Sen- JOHNSTON has been fully committed to ‘‘to make available to Indonesia mili- ator from Florida is recognized. developing new domestic sources of en- tary equipment that will support le- (The remarks of Mr. GRAHAM per- ergy to help reduce our dependence on gitimate external defense needs.’’ At taining to the introduction of S. 2121 foreign oil. the same time, the United States will are located in today’s RECORD under Senator JOHNSTON has also addressed not export or transfer to Indonesia ‘‘Statements on Introduced Bills and a myriad of other energy-related issues small arms, crowd control equipment Joint Resolutions.’’) during his distinguished Senate career. or armored personnel carriers until we f He shepherded deregulation of the nat- have seen significant improvement in HONORING THE ZOLLER’S ON ural gas industry through the Con- human rights in the country, particu- THEIR 50TH WEDDING ANNIVER- gress; he helped defeat the ill-con- larly in East Timor. SARY ceived Btu tax; and he has been a lead- Mr. President, I am pleased that the ing advocate of maintaining our Stra- Congress and the administration have Mr. ASHCROFT. Mr. President, fami- tegic Petroleum Reserve, an important worked together to develop a policy lies are the cornerstone of America. investment in protecting our Nation’s linking the sale of small arms to Indo- The data are undeniable: Individuals energy supply from disruption. nesia to its human rights record. This from strong families contribute to the Senator JOHNSTON’s work in the Sen- policy evolved from an amendment society. In an era when nearly half of ate has not been limited to energy that I offered to the foreign aid appro- all couples married today will see their issues. I have also had the privilege of priations bill several years ago. union dissolve into divorce, I believe it serving with the Senator on the Budget But I believe that we are missing an is both instructive and important to Committee, where he has served with important opportunity to apply pres- honor those who have taken the com- great distinction. As the past chair- sure to the Indonesian regime by fail- mitment of ‘‘till death us do part’’ seri- man, and now ranking member, of the ing to impose comparable conditions ously, demonstrating successfully the Energy and Water Development Appro- on the F–16 sale. In fact, in public timeless principles of love, honor, and priations Subcommittee, Senator statements since congressional notifi- fidelity. These characteristics make JOHNSTON has demonstrated a strong cation was delayed, the administration our country strong. commitment to developing and main- has not even mentioned human rights For these important reasons, I rise taining our Nation’s water resources, or democratic values in connection today to honor Bill and Mable Zoller of an issue of great importance to West- with the sale. Billings, MO, who on September 22, 1996 ern States like North Dakota. Senator Instead, it continues to state pub- celebrated their 50th wedding anniver- JOHNSTON has also been a leading advo- licly that it intends to go through with sary. My wife, Janet, and I look for- cate of maintaining an adequate B–52 the sale as early as January. ward to the day we can celebrate a bomber fleet, our most cost-effective, I believe official advocacy of the F–16 similar milestone. Bill and Mable’s reliable, and only battle-tested bomb- sale sends the wrong message to the In- commitment to the principles and val- er. donesian military. It sends the message ues of their marriage deserves to be sa- Mr. President, Senator JOHNSTON will that—despite our concerns about the luted and recognized. be long-remembered as an extremely lack of respect for human rights in f capable and responsible public servant, East Timor and despite the continued RETIREMENT OF SENATOR who addressed issues with a zeal few failure of the Indonesian military to BENNETT JOHNSTON can bring to this body. All in public life respond substantively to these con- owe Senator JOHNSTON a debt of grati- cerns—the United States will continue Mr. CONRAD. Mr. President, with tude for his tremendous contributions, to supply substantial amounts of lethal the scheduled adjournment of the 104th and I wish the senior Senator from military equipment to Indonesia. Congress quickly approaching, I want- Louisiana all the best in his future en- If the events of July 27 tell us noth- ed to say a few words about a very ac- deavors, no matter what path he choos- ing else, they should signal to us that complished legislator who, unfortu- es to follow upon departing this body. Indonesia still has a long way to go in nately, will not be returning to this terms of respect for human rights and body next January: Senator BENNETT f democratic values. JOHNSTON. I believe that we should support I was saddened to hear of his decision HONORING WALTER DROSKIE progress in these areas—only when real to retire at the conclusion of this Con- Mr. PRYOR. Mr. President, last progress actually is achieved. Instead, gress, and I know he will be missed by Wednesday night, as I looked around within weeks of a major crackdown by his colleagues as well as his constitu- the Russell Caucus Room at the many the Indonesian authorities, the admin- ents in Louisiana. Senator JOHNSTON wonderful people that have served on istration persists in its plans to pro- does not depart, however, without leav- my staff these past 18 years, I was vide Indonesia with nine advanced ing a significant legacy of accomplish- filled with pride. I will always remem- military planes. ment. He is a skilled negotiator, and ber the loyalty and hard work of my I do not think now is the time to be has demonstrated a tremendous ability staff—the greatest in the Senate. rewarding Indonesia with nine planes. to navigate the tumultuous legislative Today I would like to honor one such Only when we see some improvement waters, even when faced with the most staffer, Walter Edwin Droskie. in Indonesia’s conduct should we be difficult obstacles. Walter Droskie is retiring at the end elevating the level of our military ties I had the privilege of working closely of the 104th Congress after 35 years as to the country. with Senator JOHNSTON while I served a Senate employee, serving 6 senators In sum, I continue to believe that—in on the Energy and Natural Resources over the years. In 1962, Senator Patrick Indonesia, as elsewhere—we must con- Committee with him during my first McNamara from Michigan, was the

VerDate Aug 31 2005 00:20 Jul 01, 2008 Jkt 041999 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S25SE6.REC S25SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 25, 1996 CONGRESSIONAL RECORD — SENATE S11235 first senator to realize Walter s poten- programs supported by the Congress original sponsors of Public Law 94–142, tial. Hired as a data entry operator, which are used in schools throughout the first Federal law to ensure that all Walter started off on his long journey the United States. Initial reports eval- children with disabilities would receive of service to his home State of Michi- uating the summer program indicate free and appropriate public education. gan and eventually the States of Texas the materials and teaching methods This landmark legislation was signed and Arkansas. In 1966, Walter contin- were enthusiastically received and can in 1975. ued working for the State of Michigan be adapted for use in classrooms Because of SIMON’s devotion and per- by joining the staff of Senator Robert throughout Bosnia-Herzegovina. severance, Congress passed the Na- Griffin and spent 13 years there. By Mr. Quigley is the executive director tional Literacy Act, to create literacy now Walter was developing a reputa- of the Center for Civic Education which centers and to authorize funding for tion for his expertise as mailroom is located in Calabasas, CA. Mr. adult education and literacy programs. manager. In 1979 Senator John Tower Quigley has traveled on four different SIMON also championed the direct col- from Texas heard about Walter and of- occasions to Bosnia-Herzegovina to lege loan program, originally passed in fered him his next job. He continued promote education for democracy ef- 1991 and expanded in 1993, which made this pattern of invaluable service to forts in the schools of that country. fundamental changes in our Nation’s the State of Texas by going to work for Mr. President, I wish to commend student loan program. Senator Lloyd Bentsen in 1984. When Charles Quigley for his dedication and Although some may remember SIMON Bob Krueger filled Lloyd Bentsen’s seat commitment during the CIVITAS at for his bowties, I will always remember in 1992, Walter was wisely kept on Bosnia-Herzegovina summer training his simple honesty, integrity, and char- staff. program. His work is helping to acter. PAUL SIMON not only remem- In 1993, I was fortunate enough to fi- achieve the overall objective of build- bered the bipartisanship and comity nally get Walter Droskie on my staff. ing support for democracy on Bosnia- that used to be standard operating pro- We had been hoping to catch him be- Herzegovina. cedure in the Senate, but he continued to serve in that tradition, even as Con- tween Senators for a long time—he was f always in demand. Walter has brought gress changed around him. TRIBUTE TO SENATOR PAUL I know Senator SIMON will be happy so much to my office. The mailroom SIMON to return to his home in southern Illi- has never run smoother, and Walter’s nois. He’ll be heading up the Simon wonderful disposition has won him the Mr. CONRAD. Mr. President, before Public Policy Institute at southern Il- friendship of everyone on my staff— the end of the 104th Congress, I wanted linois University at Carbondale. He’ll past and present. As he retires this to take a moment to pay tribute to have more time for his grandchildren, year, I hope Walter Droskie realizes Senator PAUL SIMON of Illinois, who is more time to write. But he’ll be missed how much he has contributed not only retiring this year. PAUL SIMON is quite in the U.S. Senate, by the people he to my office, but all the offices he has simply one of the most respected and honorable Members of the U.S. Senate. represented and by those who knew worked for during these past 35 years. him. His dedication and tireless hard work Senator SIMON has been a dedicated have won him the respect and grati- public servant for more than 40 years. f tude of all he has known. I wish him He has served in the Illinois House and CUTTING TAXES AND BALANCING the best during his retirement. The Senate, as Lieutenant Governor of the THE BUDGET—THE POSSIBLE U.S. Senate will surely miss the many State of Illinois, and in the U.S. House DREAM contributions of this fine man. and Senate. Mr. ABRAHAM. Mr. President, as the Even as he tirelessly served in public f Presidential campaign heats up, it is office, PAUL SIMON also found ways to clear that a central issue will be eco- COMMENDING CHARLES N. pursue his second career—that of a dis- QUIGLEY nomic growth. Despite recent positive tinguished and thoughtful writer. A economic news, the long-term outlook Mrs. BOXER. Mr. President, I am former newspaperman, SIMON has writ- is not good. Growth is slow and family proud to recognize Charles N. Quigley, ten numerous books on our political incomes are down. At the same time, who participated in CIVITAS at Bos- process and democratic values. He still the tax burden on Americans is at an nia-Herzegovina, an intensive program types his manuscripts out on an old all-time high, squeezing families while from July 17–27, 1996, to train local manual typewriter. discouraging savings and investment. teachers in education for democracy. Senator SIMON’s top legislative pri- In response to this disturbing trend, Mr. Quigley was part of a team of 18 ority for years has been passage of a Bob Dole has proposed an aggressive American educators and 15 teachers balanced budget amendment to the plan to both cut taxes and balance the from the Council of Europe who were Constitution. PAUL SIMON understands budget by the year 2002. The goal of the assigned to key cities throughout the that the greatest threat to future gen- plan is to spur economic growth by re- Federation of Bosnia-Herzegovina. erations is the Federal budget deficit ducing both the size and tax burden of The summer training program was and our enormous national debt. Elimi- the Federal Government. Its center- developed by the Center for Civic Edu- nating our budget deficit is the most piece is a 15-percent, across-the-board cation as part of a major education ini- important thing we can do for our Na- income-tax cut designed to lower taxes tiative in Bosnia-Herzegovina sup- tion and PAUL SIMON pursued this goal on families and small businesses while ported by the United States Informa- with steadfast tenacity. spurring job creation and investment. tion Agency and the United States De- I have had the privilege of serving The Dole plan would also provide fami- partment of Education. The goals of with Senator SIMON on the Budget lies with a $500 per child tax credit, im- the program are to help prepare stu- Committee since 1987. PAUL SIMON will proved IRA’s, and lower taxes on cap- dents and their communities to partici- be most remembered there for his ef- ital gains. For a typical family earning pate in elections and other aspects of forts to restore equity between defense $30,000, his plan would allow them to poltical life in emerging democracies. and nondefense spending. Senator keep an additional $1,261 per year, Achieving this goal will contribute to SIMON and I also joined together last enough to pay tuition to a private the reconstitution of a sense of com- year in offering an alternative budget school, move into a better neighbor- munity, cooperation, tolerance, and reconciliation measure. I was proud of hood, or save for an early retirement. support for democracy and human that effort. People like the idea of a tax cut, but rights in war torn areas. PAUL SIMON will also be remembered they wonder how it can be done with- I am also pleased to announce that as a staunch supporter of education out increasing the Federal budget def- the curricular materials used for the and an advocate for people with dis- icit or gutting essential Federal pro- program in Bosnia-Herzegovina have abilities. While serving in the Illinois grams. In a recent radio address, Presi- been adapted from the ‘‘We the People Legislature, he was among the first to dent Clinton sounded that theme, at- . . . the Citizen and the Constitution’’ introduce legislation to provide public tacking Bob Dole’s plan by arguing and the ‘‘We the People . . . Project education for children with disabil- that the tax cut is too big and assert- Citizen’’ programs, as well as other ities. Years later he was one of the ing that Dole has failed to explain how

VerDate Aug 31 2005 00:20 Jul 01, 2008 Jkt 041999 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S25SE6.REC S25SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S11236 CONGRESSIONAL RECORD — SENATE September 25, 1996 we can pass them without ballooning Subtracting Social Security, Medi- that reductions in American tariffs the deficit. Neither claim is accurate. care, Defense, and interest expenses would more than pay for themselves First, Bob Dole’s tax cuts are an ap- from total Federal spending over the through increased exports and jobs. propriate and necessary response to the next 6 years leaves $3.9 trillion eligible And just this summer, Lawrence record tax burdens American families for savings under the Dole plan. Con- Chimerine, chief economist for the lib- currently face. Following President trary to those groups that have por- eral Economic Strategy Institute ar- Clinton’s World’s Largest Tax Increase trayed this proposal as unreasonable, of 1993, the Federal tax burden has gued in the Washington Post that the Dole plan proposes to reduce this ‘‘credible evidence overwhelmingly in- risen to 20.5 percent of GDP—its second amount by just 5 percent—5 cents on highest level ever. Meanwhile, the dicates that revenue feedback from tax the dollar. cuts’’ could be as high as 35 percent. combination of Federal, State, and Let’s look at it on a year-by-year local taxes now consumes more than 38 basis. Projected Federal spending next For those who are unimpressed with cents out of every dollar the family year is $1642 billion—or $70 billion more the estimates of economists and ac- earns. than we expect to spend this year. countants, let me give two examples of The Dole tax cut would help relieve Under the Dole plan, Government how this feedback effect puts real dol- this burden by reducing taxes across spending would continue to grow, but lars in the pockets of both American the board while targeting additional by $37 billion instead. families and Uncle Sam. In 1981, the tax relief toward families with chil- Let’s compare the Dole plan to Presi- tax burden was at a similar record high dren. Fully implemented, the Dole tax dent Clinton’s own recommendation. as it is today. In response, newly elect- cut would reduce the tax burden back Whereas President Clinton would allow ed President Ronald Reagan cut tax to where it was before Bill Clinton Government spending to grow by 20 rates across the board by 25 percent. began raising taxes in 1993. That’s percent over the next 6 years, the Dole Mr Reagan could have cut taxes in any hardly an excessive goal. plan would hold spending growth to 14 number of ways, but he chose reducing The second objection to Bob Dole’s percent—or about 2 percent per year. marginal rates because he understood— tax cut proposal is that it will cause In other words, limiting spending as does Bob Dole—that cutting mar- the deficit to balloon. That is the issue growth to 2 percent per year will ginal rates encourages people to work upon which I want to focus today. Far produce the savings necessary to cut harder, save more, and invest in eco- from being vague and irresponsible, the taxes and balance the budget. nomic growth and job creation. Dole tax cuts are in fact both detailed Is holding the growth of Government The Reagan tax cut worked. In 1984, and well within the ability of Congress spending to 2 percent per year reason- to carry out. real GDP growth reached 6.8 percent— able? Absolutely. the highest single year growth since Under the Dole plan, cutting taxes on Under Republican leadership—and families and small businesses would re- 1951. In President Reagan’s second with no help from congressional Demo- term, growth averaged 3.4 percent per duce Federal revenues by $548 billion crats or President Clinton—Congress over the next 6 years. How does the year—well above the anemic 2.5 per- has successfully reduced the growth of cent growth we have seen under Presi- Dole plan offset these cuts while bal- Federal spending over the last 2 years ancing the budget? First, it slows the dent Clinton. by $53 billion, or about $26 billion per growth of the Federal Government over year. Moreover, just this summer, we How did these tax cuts affect fami- the next 6 years. Second, it encourages enacted a comprehensive welfare re- lies. In addition to lowering their over- economic growth to help offset a por- form measure. In other words Mr. all tax burden, the tax cuts of 1981 tion of these tax cuts. helped save family incomes from de- Let me begin with slowing the President, in response to those who claim the Dole economic plan’s spend- clining, as they had under President growth of Government. The Dole plan Carter. Instead, median family incomes builds upon the comprehensive bal- ing savings are too severe, I would point out that we have already suc- grew 1.7 percent per year under anced budget resolution Congress Reagan, putting an additional $4,000 in adopted in June. That resolution calls ceeded in reducing the growth of Gov- ernment by similar amounts. The the typical families pockets every for reducing the growth of spending by year. $393 billion over the next 6 years, in- Earth didn’t stop rotating. The Sun cluding the phase-out of farm support hasn’t stopped shining. And in the Mr. Reagan was not the only Presi- payments, welfare overhaul, and Fed- process, we have made the Government dent to recognize the growth potential eral prison reform. more efficient and more responsive to of reducing marginal tax rates. In 1962, On top of the balanced budget resolu- the wishes of the American voters. John Kennedy was also adamant about tion, the Dole plan proposes savings of In addition to slowing the growth of cutting marginal tax rates. When he an additional $217 billion over 6 years, government, the Dole plan also as- announced his tax cut plan in 1962, he targeting wasteful programs like the sumes that his pro-growth tax cuts will explained his thinking with the fol- departments of Commerce and Energy produce enough extra economic activ- lowing words: ‘‘I am not talking about and reducing Government overhead. ity to offset 27 percent of their cost— a ‘quickie’ or a temporary tax cut, Mr. President, there has been much $147 billion over 6 years. And just as we which would be more appropriate if a criticism and misinformation regard- have seen with the budget savings, this recession were imminent.... I am ing these proposed savings. I have seen assumption has been the focus of nu- talking about the accumulated evi- reports from several outside groups, merous criticisms from various groups. dence of the last 5 years that our both conservative and liberal, who Mr. President, contrary to what some present tax system, developed as it claim these savings would literally gut have said, assuming additional reve- was, during World War II to restrain whole portions of the Federal Govern- nues from economic growth—or rev- growth, exerts too heavy a drag on ment. This is completely false. enue feedback as it is called—has a growth in peacetime; that it reduces First of all, in the spending re- long and credible history on both sides the financial incentives for personal ef- straints assumed in the Dole plan be- of the political aisle. fort, investment, and risk-taking.’’ yond those contained in the balanced In 1982, the Congressional Budget Of- The Kennedy tax rate cut proved to budget resolution, Bob Dole has made fice found that ‘‘between roughly one- it clear that they will not come from tenth and two-tenths of the static rev- be one for the greatest economic suc- reductions to Social Security, Medi- enue loss’’ from an across the board tax cesses of the postwar era. Real GDP care, or Defense. Those programs are cut would be recouped through revenue growth jumped to 5.8 percent in 1964 off-limits. Under the Dole plan, Medi- feedback during the first year. In later and to 6.4 percent in 1965 and 1966. care spending would increase by 44 per- years, the CBO estimated that between Today, the media calls growth rates cent between 1996 and 2002—a 6.2 per- one-third and one-half would be re- half that size a surge. cent growth rate, or more than two couped in later years. Clearly there is a consensus that a times the rate of inflation. Spending More recently, Clinton’s Trade Rep- tax cut like Bob Dole’s will partially would increase from $5,200 per bene- resentative Mickey Kantor told the pay for itself through income revenue ficiary in 1996 to $7,000 in 2002. House Ways and Means Committee growth. As Nobel laureate Professor

VerDate Aug 31 2005 00:20 Jul 01, 2008 Jkt 041999 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S25SE6.REC S25SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 25, 1996 CONGRESSIONAL RECORD — SENATE S11237 Gary Becker put it, the revenue feed- The numbers in Bob Dole’s year-by-year Michael Melvin, Arizona State University; back effect is ‘‘basically Econ. 101. In- strategy to both reduce taxes and balance Daniel J. Mitchell, Heritage Foundation; vestors and workers in the economy re- the budget are credible, including: the base- Thomas G. Moore, Hoover Institute; David spond in an important way to incen- line revenue projections; the income growth Mullins, Long-Term Capital Management, effect, a simple implication of elementary Fmr. Vice Chair, Federal Reserve. tives, including tax incentives.’’ Beck- economics through which the economic Charles Nelson, University of Washington; er then points out that, if the Dole growth plan changes incentives, raises tax- Charles Plosser, University of Rochester; plan increases GDP growth from its able income, and thereby offsets part of the Steve Pejovich, Texas A&M University; Wil- current 2.3 to 3.5 percent over 6 years, revenue loss of the tax cuts as described by liam Poole, Brown University. the income growth effect will be ‘‘far in the plan; the planned budgetary savings Richard Rahn, Novecorr; John Raisan, excess of $147 billion. It would be more achieved by reducing the growth of govern- Hoover Institute; Ralph Reiland, Robert like $200 billion.’’ ment spending. Morris College; Alan Reynolds, Hudson Insti- Mr. President, I have a list of over Bob Dole’s plan is far superior to the ap- tute; Morgan O. Reynolds, Texas A&M Uni- 100 prominent economists, including proach of the Clinton Administration, during versity; Rita Ricardo-Campbell, Hoover In- which productivity growth has slowed to a four Nobel Laureates, who share Dr. stitute; Richard Roll, University of Cali- historic low and real wages have stagnated. fornia at Los Angeles; Robert Rosanna, Becker’s support of cutting taxes and Signed, Wayne State University; Harvey Rosen, balancing the budget. These econo- Annelise Anderson, Hoover Institution; Princeton University; Sherwin Rosen, Uni- mists are from all over the country, Martin Anderson, Hoover Institution; Wayne versity of Chicago; Timothy Roth, Univer- but they have one thing in common— Angell, Bear Stearns, Fmr Governor of Fed- sity of Texas at El Paso. faith in the American family and the eral Reserve Board. Thomas Saving, University Texas at A&M ability of the American economy to Bruce Bartlett, National Center for Policy University; Anna J. Schwartz, National Bu- grow faster than 2 percent per year. By Analysis; Ben Bernanke, Princeton Univer- reau of Economic Research; John J. Seater, sity; Michael Boskin, Stanford University, North Carolina State University; Judy cutting marginal tax rates and allow- Fmr Chair, Council of Econ Advisers; David ing families to keep more of what they Shelton, Empower America; Myron Scholes, Bradford, Princeton University; Stuart But- Long-term Capital Management; George earn—so they can spend it on their pri- ler, Heritage Foundation; Richard C.K. Schultz, Fmr. Secretary of State, Treasury orities rather than Congresses—the Burdekin, Claremont McKenna College. and Labor, Former Director of OMB; John Dole plan will help the economy grow Phillip D. Cagan, Columbia University; W. Silvia, Zurich Kemper Investments; Clifford faster, resulting in more jobs, more op- Glenn Campbell, Hoover Institution; John Smith, University Rochester; Vernon L. portunity, and a higher standard of liv- Cogan, Hoover Institution. Smith, University of Rochester; Ezra Sol- ing for everyone. Carl Dahlman, Rand Corporation; Michael omon, Stanford University; Beryl W. How do we offset the tax cuts? We re- Darby, University of California at Los Ange- Sprinkel, Fmr. Chair, Council Economic Ad- les; Christopher DeMuh, American Enter- visors; Alan Stockman, University of Roch- strain the growth of Government. By prise Institute; Rimmer de Bries, J.P. Mor- limiting the future growth of Federal ester; Richard Stroup, Montana University; gan; Thomas DiLorenzo, Loyola College in W.C. Stubblebine, Claremont McKenna Col- spending to 2 percent per year, we can Maryland. lege; James Sweeney, Stanford University. reduce income tax rates by 15 percent Martin Eichenbaum, Northwestern Univer- John B. Taylor, Stanford University; Rob- for every taxpayer, provide a $500 per sity; Stephen Entin, Former Deputy Assist- ert Tollison, George Mason University; Gor- child tax credit for middle-class fami- ant, Secretary of Treasury; Paul Evans, Ohio don Tullock, University of Arizona; Norman lies, and cut the capital gains tax rate State University. Ture, Inst. for Research on Economics and David Fand, George Mason University; Taxation. in half—all while balancing the budget Martin Feldstein, Harvard University, Ronald Utt, Heritage Foundation. in 2002. The Dole plan is the possible Former Chair, Council Econ Advisers; Diana Richard Vedder, Ohio University; Karen dream that will result in a smaller, Furchtgott-Roth, American Enterprise Insti- Vaughn, George Mason University; J. Anto- more efficient Government that allows tute. nio Villanio, The Washington Economics Lowell Gallaway, Ohio University; Robert families to keep more of what they Group. Genetski, Chicago Capital, Inc. John Good- earn, so they can spend it on their pri- W. Allen Wallis, University of Rochester; man, National Center for Policy Analysts; orities rather than Washington’s. Murray Weidenbaum, Fmr. Chair, Council of Wendy Lee Gramm, Former Chair of the Mr. President, I ask unanimous con- Econ. Advisers; Charles Wolf, Rand Graduate Commodity, Futures Trading Commission. sent that the list of economists be School. Robert Hahn, American Enterprise Insti- printed in the RECORD. tute; C. Lowell Harriss, Columbia Univer- f There being no objection, the list was sity; H. Robert Heller, Fair, Isaac and Co., ordered to be printed in the RECORD, as Fmr. Governor of Federal Reserve Board; SENATOR CLAIBORNE PELL follows: David Henderson, Naval Post-Graduate Mr. CONRAD. Mr. President, with STATEMENT IN SUPPORT OF BOB DOLE’S PLAN School; Jack Hirshleifer, University of Cali- the adjournment of the 104th Congress, FOR ECONOMIC GROWTH fornia at Los Angeles; Lee Hoskins, Hun- the Senate will lose one of its most re- ‘‘This is an excellent economic pro- tington Nat. Bank, Fmr. President of the gram.’’—Milton Friedman, Nobel Laureate. Federal Reserve, Cleveland; R. Glenn Hub- spected and accomplished members, ‘‘The Dole Economic Growth Plan is much bard, Columbia University; Lawrence Senator CLAIBORNE PELL. superior to the Clinton do-nothing alter- Hunter, Empower America. For a period that spans more than native.’’—James M. Buchanan, Nobel Lau- Manual H. Johnson, Johnson-Smick Inter- three decades, Senator PELL has served reate. national, Fmr. Vice Chair of the Federal Re- Rhode Islanders and the Nation in the ‘‘Senator Dole’s plan . . . can raise the serve. finest tradition of our elected civil growth rate of the economy to well over 3 Raymond Keating, Small Business Sur- servants. His accomplishments since percent per year.’’—Gary Becker, Nobel Lau- vival Committee; Robert Keleher, Johnson- reate. Smick International; Michael Keran, Sea coming to the Senate in 1961 are ex- ‘‘The Dole-Kemp program makes real eco- Bridge Capital Management; Robert G. King, traordinary; particularly in the areas nomic sense at this time.’’—Merton H. Mil- University of Virginia; Michael M. Knetter, of the arts and humanities, environ- ler, Nobel Laureate. Dartmouth College; Melvyn B. Krauss, New mental protection, foreign affairs, Slow economic growth is America’s num- York University; Anne Krueger, Stanford human rights, and education. He has ber one economic problem. Bob Dole’s plan University. without question touched and im- for Economic Growth, ‘‘Restoring the Amer- Lawrence Lau, Stanford University; Ed- proved the lives of every American ican Dream,’’ is a bold, doable plan that ad- ward Leazar, Stanford University; James R. dresses this problem. By lowering marginal Lothian, Fordham University; Mickey D. family. income tax rates and reducing disincentives Levy, NationsBanc Capital Markets. Early in his Senate career, Senator to save and invest—first steps to a fun- Paul MacAvoy, Yale University; John PELL was the principal architect of the damentally lower, flatter, simpler and more Makin, American Enterprise Institute; Bur- 1965 law establishing the National En- savings-encouraging tax system, balancing ton Malkiel, Princeton University; David dowment for the Arts and the National the budget through a reduction in the Malpass, Bear Stearns; N. Gregory Mankiw, Endowment for the Humanities. One growth of government spending, reforming Harvard University; Dee T. Martin, Eastern year later, he authored the National our education and job training system, and New Mexico University; Bennett McCallum, Sea Grant College Act, legislation to cutting back government regulation and Carnegie-Mellon University; Paul eliminating litigation excesses, McCracken, University of Michigan, Fmr. encourage the careful use of our re- the plan will significantly increase economic Vice Chair, Council Econ Advisers; David sources from the sea, and to establish growth, raise real wages, and provide greater Meiselman, Virginia Polytechnic Institute; marine sciences programs at univer- opportunities for all Americans. Allan Meltzner, Carnegie-Mellon University; sities across the country.

VerDate Aug 31 2005 00:20 Jul 01, 2008 Jkt 041999 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S25SE6.REC S25SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S11238 CONGRESSIONAL RECORD — SENATE September 25, 1996 Unquestionably, Senator PELL’s most mittee prepared by the distinguished ernment policies in Ache and Irian Jaya. significant contribution in education ranking minority member of the Com- Issues such as freedom of the press, freedom has been his effort to ensure that every mittee, Senator CLAIBORNE PELL. of speech, the right to form political parties The report, entitled ‘‘Democracy: An and the development of the rule of law are student has the opportunity to pursue all of substantial concern in Indonesia today. education and training beyond the high Emerging Asian Value,’’ details the In response to a request by the UN, Indo- school level—financial barriers should Senator from Rhode Island’s recent nesia establishes a National Commission on not prevent a student from continuing trip to Asia. I was very interested in Human Rights to investigate human rights education. In pursuit of this goal, Sen- the report because the countries Sen- issues country-wide. I met with several rep- ator PELL introduced legislation to es- ator PELL visited—Taiwan, Vietnam, resentatives from the Commission in Ja- tablish the Basic Educational Oppor- and Indonesia—fall within the jurisdic- karta and was impressed with their dedica- tion to improving the lives of ordinary Indo- tunity Grant, a program later named tion of the subcommittee I chair, the nesians. Their investigations are hampered, the PELL Grant Program in 1980. Last Subcommittee on East Asian and Pa- however, by a lack of funding and staff. Still, year alone, more than 3.6 million Pell cific Affairs. In fact, all three have they seem to be operating truly independent grants were awarded to students at- been of special interest to me and have of the government and I commend their ef- tending institutions of higher edu- been the subject of several hearings in forts. cation. Since 1973, when the first Pell the subcommittee. That our delegation did not focus on Grants were awarded, more than 60 I found the distinguished Senator’s human rights issues outside of East Timor does not mean they are unimportant or that million grants have enabled students observations about this dynamic region they are unworthy of international atten- to meet their educational goals to be particularly cogent, and believe tion. The broader spectrum of human rights through this student financial assist- that our colleagues—and the public at concerns will likely continue to be an issue ance program. large—would benefit from having those for U.S.-Indonesian relations for the foresee- Mr. President, Senator PELL’s re- observations accessible to them in the able future. Time limitations of our trip markable record in the Senate has not RECORD. However, since the report is caused us to focus our scrutiny primarily on been limited to education and the arts. somewhat lengthy in terms of it being East Timor. Over the years, and through his leader- reproduced in the RECORD, I am going B. EAST TIMOR ship in foreign affairs as chairman of to treat one country at a time; today, In December 1975, Indonesia invaded East Mr. President, I would direct the Sen- Timor, a former Portuguese colony, during a the Senate Foreign Relations Com- period of great political upheaval in Lisbon, mittee, Senator PELL has worked tire- ate’s atttention to the portion of the which meant that Portugal was in no posi- lessly on behalf of refugees, against report on Indonesia. tion to resist. The Indonesian military has human rights abuses, and to reduce the So, Mr. President, I ask unanimous committed widespread and well-documented threats from weapons of mass destruc- consent that pages 9 to 17 of S. Prt. human rights abuses in the 20 years since the tion. As a result of these efforts, trea- 104–45, the section on Indonesia, be invasion. The number of East Timorese who ties have been ratified that reduce nu- printed in the RECORD at the conclu- have died from violence, abuse or starvation clear weapons, prohibit the emplace- sion of my remarks. in these 21 years will probably never be PRESIDING OFFICER. Without ob- known, but there are credible estimates that ment of weapons of mass destruction they could number as many as 200,000. A par- on the seabed, and the use of environ- jection, it is so ordered. ticularly egregious incident took place on mental modification techniques as (See exhibit 1.) November 12, 1991, when the Indonesian mili- weapons of war. Mr. THOMAS. In closing, I must say tary shot and killed over 200 people (by most Mr. President, Senator PELL’s legacy that it has been a unique pleasure and credible estimates, although the actual total is one of hope, opportunity, and integ- honor to serve on the committee with will likely never be known), during a peace- rity. For those of us who remain in the its former Chairman, Senator PELL. I ful demonstration. By all accounts, the pro- testers were unarmed. This became known Senate, we are challenged to continue appreciate his views and opinions, as well as his frequent participation in alternatively as the Dili or Santa Cruz Mas- his important work on behalf of peace, sacre. While no events on this scale have and to ensure that our children can re- the work of my subcommittee. His de- been reported since then, widespread reports alize their fullest potential through the parture from the Senate is a loss both of abuse continue, including arbitrary arrest, widest possible educational opportuni- to the committee and to the whole in- torture, disappearances and killings. I heard ties. We have all been enriched by Sen- stitution; he will be missed. several credible reports of these types of ator PELL’s service in the Senate, and EXCERPT FROM SENATE PRINT 104–45 abuses while I was there. Since I have been back in the U.S., there INDONESIA are deeply grateful for his immeas- has been yet another conflict between Indo- urable contributions to the Nation. A. INTRODUCTION nesian troops and East Timorese youth. The f Indonesia is a vast, dynamic and com- most recent disturbance took place in plicated country. It has the fourth largest Baucau, a small city on the northern coast, THE VERY BAD DEBT BOXSCORE population in the world and the largest Mus- to the east of Dili. Early news reports indi- Mr. HELMS. Mr. President, at the lim population in the world; yet it remains cated that Catholic East Timorese had taken close of business yesterday, Tuesday, strongly secular. The government is an au- to the streets to protest reports that Muslim September 24, the Federal debt stood at thoritarian one, led and dominated by Presi- Indonesians had torn a picture of the Virgin dent Soeharto, a small number of his advi- $5,195,854,879,174.22. Mary. The U.S. State Department reported sors and the military. There is no apparent that roughly 80 were arrested and that the Five years ago, September 24, 1991, successor to Soeharto and no tested process International Committee of the Red Cross the Federal debt stood at in place for a transition of power. The econ- (ICRC) had been given access to all of them. $3,629,138,000,000. omy is increasingly open and deregulated, There were additional press reports quoting Ten years ago, September 24, 1986, but subject to widespread corruption and in- East Timorese leaders saying that some of the Federal debt stood at fluence peddling. those arrested had been mistreated. $2,107,495,000,000. There are a number of issues of interest to Indonesia and Portugal have not had diplo- Fifteen years ago, September 24, 1981, the United States in Indonesia. Indonesia matic relations since the takeover. Since the Federal debt stood at has had an impressive economic development 1992, the foreign ministers of each country and an impressive increase in the average have held talks under the auspices of the UN $979,131,000,000. life expectancy. There is a developing middle Secretary General on East Timor, but these Twenty-five years ago, September 24, class. The government has developed and im- talks have produced little. I met with Indo- 1971, the Federal debt stood at plemented a model population control pro- nesian Foreign Minister Ali Alatas in Ja- $415,688,000,000. This reflects an in- gram. The focus of my trip, however, was a karta and was particularly pleased to hear crease of more than $4 trillion visit to East Timor. When I was in Indonesia him speak highly of Portugal’s relatively- ($4,780,166,879,174.22) during the 25 years in 1992, President Soeharto refused my re- new Foreign Minister Jaime Gama. For my from 1971 to 1996. quest to visit East Timor because it was not part I attended the inauguration of Por- convenient at that time. I appreciate his tugal’s new President, Jorge Sampaio, in f willingness to allow me to visit during this April and was struck by the new Govern- REPORT BY SENATOR PELL trip. ment’s interest in seeking some accommoda- It is important to note that there are other tion with the Indonesians. Mr. THOMAS. Mr President, over the human rights problems in Indonesia aside Alatas felt that Gama showed a new will- weekend I had the opportunity to read from those in East Timor. Many independent ingness to listen to Indonesia’s views, in con- a report to the Foreign Relations Com- human rights observer groups criticize gov- trast to his predecessor. I, too, am impressed

VerDate Aug 31 2005 00:20 Jul 01, 2008 Jkt 041999 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S25SE6.REC S25SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 25, 1996 CONGRESSIONAL RECORD — SENATE S11239 with Gama and know his personal sense that meetings that they were working to improve seed money. It now boasts 6,700 families and the issue of East Timor should be resolved. the ‘‘Timorization’’ of the local government. expects to turn a profit as early as the end of Alatas told me that they could work toward Mariano has been a participant in the All- this year. Project director Sam Filiaci a solution that would satisfy both countries Timorese dialogue, a forum sponsored by the stressed he is not there for charity; he is de- and the international community as long as UN Secretary General for East Timor—cur- veloping a money-making organization that both sides were ‘‘realistic’’ in their position. rent residents and those in exile—to explore will provide lasting economic advantage to Sadly, Alatas did not mention the need to practical measures to improve the situation all involved, and especially to East Timorese satisfy the wishes of the people of East there. It is not a forum for discussing East coffee growers. Timor, although, when I raised it, he agreed Timor’s political status. On the day I visited one of their processing it was important. I encourage continued Both Soares and Mariano are firm in their plants in a remote mountain location, farm- talks between Portugal and Indonesia and conviction that East Timor will develop and ers from miles around gathered. Proud of welcome positive movements toward a solu- prosper only as a part of Indonesia. When their skill and of their new facilities, these tion. But I believe that any solution which asked how many East Timorese supported people also told stories of harassment by the does not make the desires of the East Timor- integration with Indonesia, both said the military and police (who turned out in a ese as a paramount concern will ultimately majority did. large force for my visit) and of insistent fail. But East Timorese who are not a part of pressure on the farmers to move out of the One of the most obvious issues for most the government and other observers living in mountains and down to the more populous East Timorese is the strong presence of Indo- East Timor quickly and insistently con- areas on the coast. nesian military (ABRI) troops stationed tradict this. When asked how a plebiscite on C. THE CHURCH’S VIEW there. Government officials in East Timor, the issue of independence versus integration East Timor is an overwhelmingly Catholic including Governor Abilio Soares and Colo- would turn out, I was told that over 90% of entity. More than 90% of the population is nel Mahidin Simbolon, the military com- the people would choose independence and Catholic and the Church occupies a critical mander, told me that Indonesia stations in that number would include some who for- role in the lives of its citizens. The Church East Timor 15,403 troops (including police merly supported integration. also plays a large role in the communication who, in Indonesia, are a branch of the mili- The personification of East Timorese re- between East Timorese and those in the tary). Government officials in East Timor sistance to Indonesia’s occupation of the ter- United States who are interested in the fate and in Jakarta said that there were two pri- ritory is Commander Xanana Gusmao, who, of this land. A number of Portuguese priests mary reasons why such a force was needed in at the time he was captured in 1992, was the previously stationed in East Timor, along East Timor. leader of the armed resistance. He remains First, they are said to be required to keep the titular head of the East Timor-based Na- with a number of Timorese priests, now live the peace threatened by rebels, known as tional Council of Maubere Resistance in the U.S. FRETILIN, of whom, according to Colonel (CNRM), which he founded in 1988 to unify I had hoped to meet with the Bishop of Simbolon, there are 188, armed with 88 weap- East Timor’s various political and armed re- East Timor, Msgr. Carlos Filipe Ximenes ons. sistance groups. Belo. Bishop Belo is widely admired for his Second, the military force is needed to per- Since his arrest and trial he has been im- forthright objections to Indonesian human form public works projects such as building prisoned in Jakarta where, he is visited regu- rights abuses and is a vital leader of his peo- bridges, roads and houses. The military com- larly by the ICRC and by all accounts is ple. Regrettably, he was away from East mander told me that not only were ABRI treated in accordance with international Timor during my visit, through we were able troops the only ones willing to go into re- norms. Xanana, as he is commonly known, to talk by phone. mote villages to do such work, but that when has attained a status for East Timorese simi- I was able to meet with eleven priests from the government did pull some troops last lar to that which Nelson Mandela had for a variety of East Timorese parishes in what year, local leaders and villagers protested. black South Africans while he was in prison. was by far the most fruitful and dramatic He argued that it was much less expensive to I was eager to meet with him while I was meeting of my trip. Sitting in a large room have military troops do these projects than in Jakarta both to get to know a person who with open windows, using a microphone to be to have civilians do then. has such a reputation in East Timor and to heard and taping the conversation, these I should note that East Timorese not in learn his current thinking on the possibili- priests gradually and fearlessly opened up to the government strongly and repeatedly dis- ties for a political settlement of the East me and told me what they had seen and puted the claims that only the military can Timor situation. heard in their parishes over the last 20 years. perform these tasks and that locals would Through I made a request of the Indo- They spoke of military harassment of the protest the removal of troops. nesian government for permission to visit Church that varies from obstructing their The vast majority of these ABRI troops are Xanana before I left the U.S. and repeated ability to meet with their parishioners to not East Timorese. When asked why so few the request in each of the meetings I had in trying to create mistrust among the people East Timorese held high level positions in Jakarta, I did not receive permission to see of the Church. One priest told me ABRI tries the military, Colonel Simbolon argued that him. to reinterpret his interest in the welfare of not enough East Timorese had gone through From East Timor I wrote him a letter in- his parishioners as political opposition to In- the military academy. He told us only eleven quiring about the conditions of his imprison- donesia and integration. No one at the meet- East Timorese had graduated from Indo- ment and his views on East Timor’s future. ing had ever been arrested by the Indonesian nesia’s military academy and, of those elev- (A copy is printed at the conclusion of this authorities, but several had been detained en, one is a first lieutenant and two are sec- report.) I then request the letter be delivered and interrogated by them, for up to ten ond lieutenants. These are the highest-rank- to him, but that request was refused. The In- hours at a time. One told me of receiving a ing East Timorese officers in ABRI. On the donesian Correctional Authorities deemed letter signed by the police insisting that he police side, the highest-ranking East Timor- my message to Xanana ‘‘political’’ and leave town for a month, although he proudly ese is a Major, who is a traffic chief. Again, therefore prohibited. said he never left. The worst of these interro- Simbolon made the argument that the East Whenever the possible independence of gations took place in 1991 and 1992, in the Timorese were not qualified enough. East Timor is discussed, talk quickly turns aftermath of the Santa Cruz massacre. The presence of this armed, uniformed, to its potential economic viability. The ter- None of the priests had been present at the non-Timorese force in East Timor causes im- ritory has few natural resources, but advo- 1991 massacre but one told us, with great mense friction and conflict. The East Timor- cates of independence point out that many emotion, of his experiences that day and in ese are ethnically different in culture and independent Pacific island nations also have the months afterwards. His home is near the appearance from other Indonesian ethnic few or no resources. One person questioned Santa Cruz cemetery where the massacre oc- groups. I was repeatedly told that Indonesian what economic independence meant in an curred. He had heard the shots that morning, military and police routinely treat the East era of increasing international economic but thought at first they were the rumblings Timorese with disdain and even contempt. interdependence. of a storm. When he went out later, he heard Simply put, the people of East Timor feel Florentino Sarmento, the head of East from people what had happened and he went they are subjected by a foreign army of occu- Timor’s largest non-governmental organiza- to the cemetery and tried to give last rites pation. tion, Etadep, and a delegate to the All- to those who were dying or dead. The mili- I firmly believe that a tremendous amount Timorese dialogue, acknowledged that going tary would not let him approach and tried to of the tension and conflict which exists in it alone would be difficult, but was convinced make him leave. He stayed anyway and soon East Timor could be relieved if Indonesia that a solution could be found especially saw three large military trucks approach were to slash its troop levels there and turn with consultation with political leaders and be loaded with corpses. Then he saw over authority at all levels to East Timorese abroad. other trucks come that were filled with citizens. Governor Soares and Colonel In regard to natural resources, East water and he watched them spray the blood Simbolon agreed that this could help the sit- Timor’s most valuable crop is coffee. I was off the ground where the killings had taken uation, but offered no ideas on how such a able to visit a coffee cooperative started last place. change could come about. year and funded by USAID. The cooperative, The wounded were all taken to military Governor Soares and Armindo Mariano, carried out by the National Cooperative hospitals, he said. He then proceeded, with- head of the Golkar Party in East Timor, are Business Association, started with only 700 out prompting, to confirm the stories I had both East Timorese and both stressed in our farming families and $7 million in USAID read and been told earlier, that no one was

VerDate Aug 31 2005 00:20 Jul 01, 2008 Jkt 041999 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S25SE6.REC S25SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S11240 CONGRESSIONAL RECORD — SENATE September 25, 1996 allowed to visit these wounded in the hos- ter is printed as an annex to this report.) The tics of Indonesia and other countries may be pitals, not even the priests. Again, he was end of the letter was particularly moving, as limited, but it is important for our nation to unable to give last rites to the dying. He es- it thanked me for coming and hoped that my make every effort to do so. timated that in the month following the visit was ‘‘independent,’’ because they were I believe we could have a better and closer massacre as many people died in the hos- concerned that Indonesia sponsored the vis- relationship with Indonesia if the govern- pitals, either from poor treatment or from its of other delegations in order to ‘‘shut ment would take what seem to me to be rel- torture, as had been killed in the cemetery. their mouth and close their eyes.’’ atively easy steps. If, for example, they would switch from a ‘‘heavy’’ hand to a He told of hearing eyewitness accounts of D. CONCLUSION AND RECOMMENDATION mass graves holding as many as 100 corpses ‘‘light’’ hand in East Timor, they would gain By the time of my departure, it was clear in one pit. He said the month following the improved relations with the U.S. and other to me that the people of East Timor con- massacre came to be know as ‘‘The Second countries and would, in my view, lose little. tinue to resist the often heavy handed occu- Massacre.’’ Quite aside from its policies toward East When asked about the type of human pation of their island by Indonesia. The re- Timor, Indonesia is quickly approaching a rights abuses that occur today, the priests sistance takes many forms and, while armed critical point in its political development. argued that the fundamental human right of resistance and physical resistance may have President Soeharto’s sixth 5-year term in of- any people is that of self-determination. The diminished, it was evident that the people of fice will end in 1998. While he has been people of East Timor have been denied that East Timor practice an emotional and intel- quoted in the press as saying he will not run right for over 20 years and all other rights lectual resistance that no amount of mili- for a seventh term, most political analysts abuses follow from that fact. They asked me tary pressure will ever be able to suppress. fully expect him to be in office for life. There how far the U.S. government and the U.S. Yet it was also evident that Indonesia will is no chosen successor nor established proc- people were willing to go in helping East not, in the foreseeable future, grant East ess for succession. Timor in its struggle for self determination? Timor either the autonomy it clearly wants Indonesian citizens cannot change the gov- They asked why, if the U.S. government says or a process for determining its own future. ernment by democratic means. The govern- it cares about human rights and cares about How, then, can U.S. policy bridge the gulf? ment is still heavily dominated by GOLKAR, human rights abuses in East Timor, it still The U.N. can both help and hurt. The U.N. the President’s party. The government ap- points half the members of the People’s Con- continues to support the government of In- sponsored talks between Portuguese Foreign sultative Assembly, theoretically the high- donesia on its occupation of East Timor? Minister Gama and Indonesian Foreign Min- Emotions around the room continued to ister Alatas can bring positive results. But est authority of the state, and the Assembly rise, both from those telling the stories and these talks run a serious risk of ignoring the in turn elects the President and Vice-Presi- those of us listening to them. I was struck by views and wishes of the East Timorese them- dent. The military is automatically given the knowledge that 5 years previously this selves. The All-Timorese dialogue offers 15% of the seats in the National Parliament and while 80% of the Parliament is elected, group would have risked the sudden intru- more hope, although for the moment the po- there are only three legal political parties. sion of armed ABRI officials, as the priests litical status of East Timor is not on the Civil liberties, such as freedom of speech and systematically contradicted everything In- table for discussion. The best outcome of assembly or freedom of the press, are se- donesian government officials in Jakarta these two series of talks would be the imple- verely restricted. and in Dili had said, the people of East mentation of confidence-building measures Indonesia has actively worked to open its Timor resist integration into Indonesia as such as some form of autonomy for East economy while keeping its political system strongly now as they did 20 years ago. There Timor; a reduction in Indonesian troop relatively closed. Deregulation and moving is an ‘‘ebb and flow’’ quality to the resist- strength; and an increase in the number of away from central control has brought tre- ance; the Indonesians gain the upper hand East Timorese in leadership positions in Dili. mendous growth and development, of which [through various forms of intimidation] and Progress in any of these areas would, I be- the Indonesian government is rightfully the East Timorese temporarily retreat. lieve, be welcome in East Timor and would proud. Could not the same be done in the po- When Indonesia seems to lighten up a bit, ease some of the stark anti-Indonesian senti- litical sphere? and the East Timorese ‘‘have the courage to ment there. Passions could calm and eco- Indonesia has the potential to be a great shout,’’ the resistance pushes back, but nomic initiatives, such as the coffee project, nation with world-wide influence. But it will ABRI always comes back again, in a ‘‘contin- could develop. Then a compromise solution never reach that goal with the anachro- uous game.’’ They provided a document list- between the East Timorese and the Indo- nistic, authoritarian style of government it ing the exact type and number of troops lo- nesians might be found. The key is that the currently has. There are limited signs that cated throughout East Timor (a translated East Timorese themselves must be a part of this system may be loosening. The Court copy of this document is attached as an ap- the solution from the beginning. A deal system has taken steps toward functioning pendix to this report) to show us how perva- struck between Portugal and Indonesia or independently, but it is not yet truly inde- sive and strong the military is there. When between Alatas and Boutros Ghali, or be- pendent. There are some non-government or- asked about Indonesia’s argument that it tween Jakarta and Washington will not pro- ganizations that criticize government poli- has poured more economic investment into vide the solution. No true and lasting solu- cies, but they still operate in an atmosphere East Timor than into any other province in tion can come without East Timorese input; of surveillance and fear of retaliation. Indonesia, they responded disdainfully that no solution that is seen as being imposed Indonesia should follow the example of ‘‘the people are not willing to sell their lib- from above will work. Taiwan in the late 1980s and 1990s and take erty for all the gold in the world.’’ Indonesia is one of the most important strong steps toward a true democratic sys- Finally, I asked the fundamental question countries in the region and will grow in- tem. One important change it could make I had asked in all the meetings: if it were creasingly important. It is evident that the now would be to legalize the formation of possible to hold a plebiscite in East Timor, U.S. should have close relations with Indo- other political parties. The region and even offering a choice of political arrangements nesia. Both countries have mutual strategic, the world has much to gain from a demo- from autonomy to integration, how would economic and environmental interests and cratic Indonesia. The U.S. should offer as- the people vote? This classical political would benefit from increased cooperation in sistance and encouragement where ever pos- science-approach to finding a solution was those areas. sible and adopt policies that will help move met with hard nosed realism: how can you But Indonesia also has serious short- Indonesia toward that goal. I hope that Jakarta will take seriously the even hold out this approach to a people who comings in the way it treats the East Timor- recommendations in this report, work for a have suffered so much for 20 years? More im- ese and others of its citizens and it is impor- solution that is acceptable to all parties, put portantly—and fundamentally—after over 20 tant that, in our dealings with Indonesia, we the issue of East Timor behind them, move years of continued resistance in the face of not ignore or downplay the fact of these seri- toward democracy, and become the impor- abuse, even torture and death, have not the ous human rights problems. tant international power it is meant to be. people of East Timor already made their When we have an important bilateral rela- preference clear? Does not their resistance tionship with a country in which there are f itself constitute a referendum? What more human rights problems, there are those who RETIREMENT OF SENATOR proof do you need that the people of East argue that we should downplay the human WILLIAM S. COHEN Timor want independence from Indonesia? rights concerns and focus, instead, on those To confirm this message, the acting rector areas of mutual interest, such as strategic or Mr. CONRAD. Mr. President, Senator of the University of East Timor, handed me economic, which can strengthen the rela- BILL COHEN’s decision not to seek re- a letter at the airport as we were leaving tionship. Their theory is that a stronger re- election at the end of the 104th Con- Dili, in full view of my ever-present official lationship might encourage more progress on gress deprives the U.S. Senate of one of escort. By all accounts I have heard, I be- human rights. I do not agree with that ap- its most respected Members. lieve he was probably questioned after we proach. Senator COHEN leaves behind a long left; one only hopes that his position will U.S. support for human rights in other protect him from rougher treatment. The countries does matter. All the East Timorese and impressive career of public service letter was written and signed by five univer- I met told me that foreign pressure, and es- for the people of Maine. With his elec- sity students, and asks the U.S. Congress to pecially U.S. pressure, had succeeded in mov- tion to the U.S. House of Representa- support East Timor in its struggle for inde- ing the Indonesian government. Our ability tives in 1973, Senator COHEN rep- pendence from Indonesia. (A copy of the let- to effect changes in the human rights poli- resented his constituents from Maine

VerDate Aug 31 2005 00:20 Jul 01, 2008 Jkt 041999 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S25SE6.REC S25SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 25, 1996 CONGRESSIONAL RECORD — SENATE S11241 diligently, and continued his efforts been wrestling with this decision for lieve we are right. Although they upon his election to the U.S. Senate in some time. There had been some health might never agree with us, over time, 1978. problems, but I was fully confident of they will understand and respect us for Mr. President, Senator COHEN has re- running for and winning a fourth term. assuming responsibility. This will be mained a moderate and thoughtful I have always loved campaigning, and even more true in the new Congress, voice in a Senate that is increasingly getting back on the trail was a power- the Congress whose leaders, along with marked by strident and partisan de- ful temptation. The reality was, how- the President sworn in on January 20, bate. Senator COHEN has attempted to ever, that another term would have 1997, will take the country right into rise above partisan politics to accom- taken me well beyond the normal age the new century and millennium. plish what is best for the people of for retirement. I am 75 and would have As a member of the Judiciary Com- Maine and the Nation. In 1991, Senator been 81 by the end of another term. Ul- mittee, I have had to oppose Supreme COHEN voted to override a veto of an timately, the decision was that the Court nominees I thought to be ill-suit- extension of unemployment benefits, time had come to pass the torch to an- ed by temperament or background to at a time when America’s families were other generation. serve on the Nation’s highest court. On beginning to feel the effects of an eco- Anyone who has ever held a Senate other occasions, I have supported nomic recession. In the 103d Congress, seat understands the magnitude of this nominees whom I knew not to be pop- Senator COHEN participated in a bipar- great constitutional responsibility. ular among my constituents, but who tisan coalition that attempted to over- The Senate is an awesome institution, deserved my support. haul the U.S. health care system, after and the opportunity to serve there is Despite criticism that the Senate is the administration’s efforts were not one of the highest honors that can be no longer the great forum for debate successful. bestowed upon any individual. For any- and policymaking established by the During the 104th Congress, I have had one in public life who has attained the Founders, there have been many exam- the distinct pleasure of working with confidence of the people to carry out ples of such debate during my tenure. Senator COHEN in the Centrist Coali- such a responsibility, the decision to These are times when the Senate as an tion. A group of about 20 Senators, the leave voluntarily is a difficult one, institution soars, when Members are Centrist Coalition worked to reach even when we know that it is best for the statesmen they are elected to be. agreement on a comprehensive budget ourselves, our State, and our Nation. It One such time was the debate on the alternative to those put forward by is a bittersweet decision that stems resolution authorizing military action President Clinton and the Republican from a solemn responsibility. Those re- in the Persian Gulf in early 1991. It was leadership. The plan we developed built turning to the 105th Congress already one of those rare moments when each upon the suggestions of the National know this; those who will be joining and every Member had to look deep Governors’ Association with respect to that Congress in the coming days will within his or her soul and go on record the Medicaid and welfare programs. It soon come to that realization. telling the American people either why also built in needed flexibility for As Senators, we have to be students they would allow young men and States, while preserving the social of the issues. It is important to be im- women to be sent into harm’s way safety net for our Nation’s most vul- partial, fair-minded, and willing to lis- without a declaration of war, or why nerable populations. It was the only bi- ten to opposing views. My decisions they could oppose the President of the partisan budget alternative that re- and votes have been based upon con- United States and an entire world coa- ceived significant support in the 104th scientious beliefs motivated by what I lition poised to thwart aggression. As Congress, and I am proud to have been thought was in the best interests of my each Senator spoke, you could see and part of that effort. State and Nation, but sometimes tem- feel the deep emotion that seemed to Mr. President, throughout his polit- pered by the views of a sizable portion emanate from the very heart of each ical career Senator COHEN has held of my constituency. No doubt, Alabam- speaker. Each decision, each vote, was government officials accountable to ians and my party were confounded at profoundly personal. Many of us had the high ethical standards that people times, but hopefully, they understood served in the military and knew some- expect of their elected leaders, regard- that my positions were based on what I thing of the horrors of military oper- less of party affiliation. This was evi- believed to be right. ations, even if those operations were dent during courageous votes he made One of our responsibilities as Sen- successful. I know of no one who did during Watergate and the investigation ators is to sometimes take stands and not understand the gravity of what we of the Iran Contra affair. positions with which the majority of were deciding. Senator COHEN also helped create the citizens in our States do not agree. The Ultimately, the Senate voted nar- independent counsel law, which man- difficulty of taking such unpopular rowly, 52 to 47, to authorize the use of dates the appointment of an inde- stands and decisions cannot be over- force to eject Saddam Hussein’s army pendent counsel to probe allegations estimated. It can be a wrenching expe- from Kuwait. Despite reservations and against certain high executive branch rience, as was the vote on the 1993 uncertainty, I was one of a few from officials. Further, Senator COHEN spon- budget reconciliation legislation which my party who supported the authoriza- sored legislation to require that con- raised taxes—even though primarily on tion. All we could draw from in making tacts between lobbyists and Members a small number of wealthy individ- this decision was our own experience of Congress are officially reported. uals—but which also headed us in the and knowledge, our faith in the Amer- Mr. President, we are all grateful for right direction in terms of deficit re- ican Armed Forces, and the collective Senator COHEN’s dedicated service and duction. This 1993 budget reconcili- will of the civilian and military leaders tireless efforts in the U.S. Senate. Sen- ation bill had been grossly distorted to ensure victory. I would venture that ator COHEN’s distinguished Senate ca- and mischaracterized by its opponents most of us said a private prayer before reer is a testament to his hard work on almost beyond recognition. Several casting our votes, hoping that we were behalf of the people of Maine and the courageous Members of Congress who doing the right thing and that events Nation. His insightful approach to the supported it were defeated in the next would vindicate us. I was struck at the challenges we face as a nation will be election. Since then, the economic and sincerity and emotion surrounding this greatly missed. budgetary figures and forecasts show debate, and, as a Senator, was proud to f that supporting that bill was the right have taken part. I thought to myself thing for the Nation. that this was the kind of debate the FAREWELL ADDRESS TO AMERICA In any case, since our first duty Founders envisioned. Mr. HEFLIN. Mr. President, all Mem- under the Constitution is to our coun- Another one of these dramatic and bers of the Senate are faced with dif- try as a whole, these times and politi- emotional debates took place on the ficult decisions almost on a daily basis. cally difficult situations will inevi- Senate floor on July 22, 1993. One Sen- The day of my announcement not to tably arise. Rather than running away ator had offered an amendment to seek a fourth term in the Senate— from these stands, Senators have to pending legislation to grant an exten- March 29, 1995—was one of the most dif- meet them directly, stand firm, and ex- sion of the United Daughters of the ficult of my life. By that day, I had plain to our constituents why we be- Confederacy patent outside the normal

VerDate Aug 31 2005 00:20 Jul 01, 2008 Jkt 041999 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S25SE6.REC S25SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S11242 CONGRESSIONAL RECORD — SENATE September 25, 1996 process established by the Patent and is still the perception among the vast other station in life has many miles to Trademark Office. Only a very small majority of Americans that the system go, but we should be proud of the number of organizations had ever been as a whole does not work as it should. progress we have made and build upon granted patents by the Senate, with They feel strongly that government it for the future. the United Daughters of the Confed- does not respond to their needs. In In terms of the institution of Con- eracy being one of those. This exten- many cases, they view it as being to- gress itself, there is no doubt that it sion by the Senate would place that tally irrelevant to their daily lives and has made great strides in terms of eth- body’s stamp of approval on the experiences. Ironically, as more and ics and behavioral standards. People group’s patent. Part of its insignia is a more information about government might not want to hear it or believe it, Confederate national flag. has become available over the last dec- but the people we have serving in Con- Freshman Senator CAROL MOSELEY- ade, the alienation of the citizenry has gress today are the most ethical and BRAUN of Illinois, the only black Mem- increased. Despite the C-Span cameras, least corrupt of any in its history. I ber of the Senate and the first-ever fe- the proliferation of constituent-service served on the Senate Ethics Committee male black Member in all its history, staff, and the plethora of news, both for a total of 13 years as either chair- came to the floor to oppose the amend- written and broadcast, people still feel man or vice chairman, and can say de- ment. She spoke eloquently on the that they are somehow cut out of the finitively that the vast majority of floor of the issue of race, of symbolism, political process. This is one of the Members tried their best to comply of division, and of intolerance. Her pas- gravest problems the new Congress and with ethical standards and rules. The sion, candor, spirit, emotion, and de- administration will face as they ap- perception that they are here to enrich termination moved the Chamber in a proach the next century, since it un- themselves at taxpayers’ expense is way that I have rarely witnessed. One dermines the very legitimacy of our simply false. Senators were always by one, Members began articulating democratic form of government. coming to the Ethics Committee trying very personal statements about their There are any number of reasons for to comply with the rules, not to get feelings on race relations in this coun- this ongoing alienation. Gridlock be- around them. Of course, there are inev- try and the lingering symbolism and tween the two Houses of Congress, be- itable lapses, as would be the case with emotions that complicate those rela- tween the political parties, and be- any large organization made up of peo- tions. tween the Congress and White House is ple from all over the country and from As I listened to the debate, I felt a most often cited as the primary reason all kinds of backgrounds, some of low deep personal conflict as to how I for the public’s disgust. A certain standards of integrity. From the per- should vote on this amendment. I was amount of what is called gridlock, how- spective of ‘‘how it used to be,’’ the torn between my love for my native ever, is built into the system by the taxpayers are vastly better off now South and the racial conflicts which Constitution. Congress is, by design, an than in decades passed, regardless of remain in America today. institution which moves rather slowly the perceptions and media distortions. I come from an ancestral background in making law. This is especially true We have accomplished a great deal deeply rooted in the Old Confederacy. of the Senate, where the wishes of a co- and have made tangible progress. Why One of my great-grandfathers was one hesive minority hold considerable don’t people recognize these areas of of the signers of the Ordinance of Se- sway. This is so the passions of the mo- progress? Part of the answer undoubt- cession by which the State of Alabama ment are allowed to cool before laws edly lies in the fact that we no longer seceded from the Union in 1860. My pa- are passed. Careful deliberation, anal- have a common, external enemy at ternal grandfather was a surgeon in the ysis, and long-range thinking were im- which to direct our considerable ener- Confederate Army. History always pro- portant to the Founders, and these are gies. For the first 40 or so years after vides perspectives on a particular time usually necessary ingredients in legis- World War II, communism was our in the life of a nation, and I have al- lating. If anything, the Congress which ways had a firm belief with regard to greatest threat. It caused the Govern- will be sworn in shortly will not have my family’s background that they did ment and the public to rally together enough of these ingredients. Few in what they thought was right at that toward its ultimate defeat. In the early their right mind will argue that it suf- time and in those circumstances. I 1990’s, as that promise was realized, fers from too much deliberation, anal- have always revered my family and re- people seemed to turn toward one an- ysis, or thought. In fact, it will need ″ spected those who thought what they other and ask ‘‘What now? more. As I watched in amazement as the were doing at that particular time in If we look back over the last few Berlin Wall fell in 1989, I couldn’t help our history was morally correct. years and compare passed conditions Ultimately, it became clear that the but feel that somehow, many Ameri- issue was primarily one of symbolism. with those in mid-1996, we see that we cans were missing the event’s true sig- By adopting this amendment, which have made tremendous strides. We won nificance. Our victory in the cold war would put the Senate’s stamp of ap- the cold war; our economy is healthy; did not seem to have the resonance proval on an insignia carrying the Con- we have the lowest combined rates of around the country that one would ex- federate flag in a very special and hon- unemployment and inflation in 27 pect. For decades, our entire defense orific manner, we would not serve the years; the budget deficit is decreasing and foreign policy had been formulated causes of advancing race relations or even faster than rosy projections ear- around the goal of fighting com- healing wounds. It would not be a step lier predicted; and our national defense munism. It was truly astounding that forward. I felt that if my ancestors and international diplomatic structure our resources could now be channeled were alive today and witnessing that are strong. Millions of new jobs in elsewhere. And yet, the passion, the ex- debate, they would stand for what is basic industries like automobiles and citement, the relief just didn’t seem to right and honorable and would want to construction have been created and for be there. Almost immediately, a siz- take a symbolic step forward. 3 years in a row, we have had a record able segment of the population seemed In this case, one Senator, acting number of new businesses started in to begin searching for another enemy. upon the courage of her convictions our country. More and more businesses Unfortunately, there are those whose and her unique perspectives as an Afri- are making capital investments, a primary motivation is the hatred of an can-American, helped reverse a deci- strong sign of economic prosperity. enemy. There was talk of a peace divi- sion of the Senate. I thought again The rate of violent crime is coming dend. Various special interest groups about how the Senate as an institution down all across America, although we staked their claims to pieces of that was fulfilling the promise of the still have a long way to go to make our dividend, while others wanted to sub- Founders. New and returning Members streets safe. Race relations are still not stantially reduce taxes. New enemies of this body, as well as the House of anywhere near what they should be, were found within our own borders as Representatives, will no doubt face but civil rights laws have helped secure the competition arose for still-scarce similar debates and issues which will the promise of America for more of our resources. test and challenge the Congress. citizens than ever. The road toward As the cold war ended, the mounting Despite these proud moments in the equal opportunity for all persons, re- budget deficit and national debt be- life of the Senate and Congress, there gardless of race, color, gender, creed, or came a policy issue. There would really

VerDate Aug 31 2005 00:20 Jul 01, 2008 Jkt 041999 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S25SE6.REC S25SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 25, 1996 CONGRESSIONAL RECORD — SENATE S11243 not be a peace dividend, as such, since In my judgment, much of the answer has made room for dirty farmers and our fiscal house was not in order. I had to this alienation lies in what I call all kinds of hard workers. It has made long supported a constitutional amend- compassionate moderation. Instead of room for those who want to work hard, ment requiring a balanced budget, but being so concerned with policies which but who might be disadvantaged by by the mid-1990’s, it had gained broad are left and right, Government should poverty, injustice, or oppression. It has public support and majority support in be concerned with the principles of never been the task of Government to Congress, but still not the two-thirds right and wrong that come from ap- guarantee success to everyone across- needed to send it to the States for rati- proaching issues in measured, mod- the-board. Instead, it has been to en- fication. erate, and compassionate tones. Both sure, through responsible sensitivity Sadly, what brought us to such a se- compassion and moderation must be and compassion, that everyone has the rious budgetary state was a failure on seeded in basic conservatism and re- opportunity to work toward the kind of the part of our Government to address sponsibility, rooted to induce individ- life and success for which we all strive our fiscal problems before they nearly ualistic growth and opportunity. Even given the same opportunities. When we spiralled out of control. It was the where voters opt for change, they do fall short, it should not be because fault of the political parties, the Con- not favor extremism; instead, they Government has done the wrong thing, gress, and the President. But it was want carefully crafted and nuanced whether too much or too little—it also the fault of the public for expect- policies that address the concerns of should be only because we as individ- ing and demanding so much, much of it the majority and, where needed, the uals did not take advantage of the op- contradictory to the long-term health disadvantaged in our society. This is portunities afforded by our free society of our economy. Government leaders the kind of responsible and compas- through our Constitution and backed should have had the courage to say no sionate moderation upon which our Na- up by representative, democratic Gov- much more often than they did. We all tion was founded. Our Constitution ernment. have to accept responsibility for our itself came about through a series of The extreme elements of our Govern- mistakes if we are to move forward and great compromises; it was not written ment must realize that compromise is continue to bring down the deficit. It by ideologues who clung to their way not bad, that we can be compassionate does no good to blame each other; it or no way. Compromise and negotia- and responsible at the same time by does profound good to acknowledge tion—the hallmarks of moderation— being moderate in our approach to pub- mistakes and collectively dedicate our- aimed at achieving moderate, centrist lic policy. No one of us can remake selves to fiscal discipline and the mod- policies for our country should not be Government or society in our own viewed as negatives. They should be est sacrifice it requires. image. With 535 Members of Congress, valued, for that is the only way to Regardless of the legitimacy of pub- thousands of executive branch officials, reach consensus on complicated issues lic perceptions, the alienation and frus- constitutionally mandated checks and tration with our Government are real and problems that face us. By being compassionately moderate balances, shared power, and a strong threats to the stability of our Nation. in our attitudes, we can govern our- two-party political system, com- Unless they feel like they are a part of selves responsibly and reach the poten- promise is an inherent necessity. If the process and able to influence its tial which we have yet to attain. compromise is abandoned for rigid ide- outcome, the alienation and frustra- Thomas Jefferson demonstrated a be- ology, the system cannot work as it tion will only grow and intensify. lief in the concept of compassionate was intended. Frequently, it becomes a For much of our history, our national moderation when he called for basic re- hostage to gridlock and inaction. leaders and political parties adopted publican simplicity in institutions and If we look back over history, we see mainstream, centrist policies aimed at manners. He knew that a limitation on that moderation and centrism in Gov- securing economic security and pro- Government did not mean the abdica- ernment have led to some rather re- moting opportunity. Of course, there tion of the Government’s responsi- markable achievements. As we ponder are times when this has not been the bility. Similarly, in his own farewell the cynicism and disfavor with which case, but Government has worked best address to the Nation, President Eisen- the Government is viewed today, it oc- when it has operated from the center of hower said that: curs to me that we may have, in some the spectrum. Only when we have It is the task of statesmanship to mold, to ways, become victims of our own suc- strayed too far to the left or right have balance, and to integrate forces, new and old, cesses. As more and more is taken for we fallen so out of favor with the citi- within the principles of our democratic sys- granted, standards are set higher, often zenry. To a great degree, that is what tem—ever aiming toward the supreme goals unrealistically so. This results in re- has happened over the last few years, of our free society. curring disappointment. Both of these great leaders envi- with Democrats becoming more liberal In 1954, ours was a country where poll sioned a strong, but limited, National and Republicans becoming more con- taxes separated millions of citizens Government which could balance com- servative. Since the vast majority of from their basic right to vote. Res- peting interests in the pursuit of over- the people are politically moderate in taurants, hotels, schools, and neighbor- all liberty and equality. their beliefs and values, they have be- During his term as Vice President, hoods were totally segregated by race. come, in a sense, alienated from both Jefferson once asked for a room in Bal- Through the Civil Rights Act of 1964, sides, not comfortable with the ex- timore’s preeminent hotel. Not recog- Voting Rights Act of 1965, and subse- treme views the parties have adopted. nizing the Vice President, who had quent legislation, these Americans The bipartisanship that is so crucial to shown up alone and in soiled working have been brought into the process and the operation of Congress, especially clothes, the owner turned him away. enfranchised. The Head Start Program, the Senate, has been abandoned for Shortly after Jefferson’s departure, the for example, remains one of the single quick fixes, sound bites, and, most owner was told that he had just sent most effective program ever designed harmfully, the frequent demonization away the Vice President of the United for keeping high-risk children in of those with whom we disagree. States. The horrified proprietor imme- school. It is supremely ironic that as we try diately dispatched some of his workers My own civil rights record is one of to foster democratic principles to find Jefferson and offer him as many which I am exceedingly proud. It has throughout the rest of the world and rooms as he liked. The Vice President been publicly stated by black leaders have seen democracy make great had already taken a room at another, that I was the first Senator from my strides in many areas, we seem to face more modest, hotel, and sent the man State who believed in and supported our strongest threat from within. Some who found him back to the owner with the civil rights movement. I worked to elected officials, media personalities, this message: secure the extension of the Voting extreme elements within political par- Tell [the owner] that I value his good in- Rights Act; to appoint African-Ameri- ties, and single-issue organizations tentions highly, but if he has no room for a cans and women to the Federal bench strive to pit one group of Americans dirty farmer, he shall have none for the Vice and other Federal offices; to support against another. The focus on divisive President. historically black colleges; to ensure issues has increased the alienation and Our Government’s greatest successes passage of the civil rights restoration driven us farther and farther apart. have come about precisely because it bill; to help pass the fair housing bill;

VerDate Aug 31 2005 00:20 Jul 01, 2008 Jkt 041999 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S25SE6.REC S25SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S11244 CONGRESSIONAL RECORD — SENATE September 25, 1996 and to establish a national holiday The agricultural community is con- that when it has been needed, our Gov- honoring the late Martin Luther King, siderably better off today than when I ernment has usually done the right Jr. My philosophy on the issue of civil came to the Senate in 1979. We have thing for our people. rights has always been one of modera- strived to craft farm policy which pro- At the same time, we cannot rest on tion, of trying, where possible, to get vides market stability and allows our laurels, but must learn from suc- people to lower their voices and work American farmers to aggressively pur- cess—and from our failures—in order to together for progress. Again, by avoid- sue international markets. At the same reach even greater success and avoid ing the lightning rod rhetoric of the ex- time, these farm programs have dra- the same shortfalls in the future. In treme positions, we can successfully matically reduced the cost to the U.S. this way, personal initiative can be en- move forward. Treasury. hanced where it is needed. In an era of In 1955, only 63 percent of our high When I came to the Senate, one of shrinking government, programs de- school students graduated. Those who my major goals was to help modernize signed to provide incentives for the pri- did stay in school did not have access and reform our Federal courts, much as vate sector to search for solutions to to advanced science or math courses in we had done on the State level while I public problems will become increas- a majority of school districts until pas- was on Alabama’s Supreme Court. My ingly important. sage of the Defense Education Act of efforts were focused on improving the What can we do specifically to en- 1958. Higher education had tradition- Federal judicial system and relieving hance the concept of moderation and ally been the preserve of the well to do. court congestion in criminal and civil promote its ability to yield the kinds A full decade after the GI bill was cases. We were successful to a large de- of centrist government actions that signed into law, there were still only gree, particularly in the areas of crimi- help the vast majority of our citizens? 430,000 college graduates each year. nal justice and bankruptcy, although How can the leaders of the next Amer- Following passage of the Higher Edu- much could still be done. ican century put aside personal ide- cation Act of 1965, college enrollment Today, our system of civil justice ology and work for policies and pro- increased by 300 percent. faces one of the greatest tests in its grams that promote opportunity and Perhaps the largest public construc- long history. The very foundation of individual initiative, and that promote tion project in American history began our civil justice system and more than the public good? What can the new with the Interstate Highway Act of 500 years of the development of com- Congress do to change public percep- 1956, which ultimately doubled the Na- mon law are under attack, including tions about government? tion’s highway system and provided the right of trial by jury. We must con- To begin with, bipartisanship should new corridors of growth. The National tinue to face these assaults by improv- be one of the most used—if not the Highway System of today is the envy ing the administration of justice and most used—guide for Congressmen and of the world and is a growing testi- maintaining its historic role in pro- Senators when they initiate and pursue mony to the strong, steady leadership tecting the weak and disadvantaged. legislation. The lessons of the 1993 of President Eisenhower, who did not Of course, the programs mentioned budget debate, health care reform in shy away from the moderate label. In- above, as well as many others, are in 1994, and most elements of the Con- deed, he eloquently championed the need of reform. We all agree they tract With America in 1995 and 1996 concept of balance in public affairs should be streamlined and made more point to the obvious pitfalls of one throughout his January 1961 farewell efficient. We should implement incen- party trying to govern by itself. address to the Nation. Other legisla- tives for those on public assistance to To promote more bipartisanship, tion and policies guided technology work and become self-sufficient. The ways should be found to bring about into the marketplace. The leadership task of government, however, should more informal togetherness among and vision of President John Kennedy just that—reform, streamlining, and Members of opposite parties. One of the in terms of space exploration led to the improving efficiency. It should not be wonderful byproducts of the weekly lunar landings, the commercialization to tear down, eliminate, and dismantle Senate Prayer Breakfast gatherings of space, and numerous scientific ad- just for the sake of reducing govern- has been the friendships forged across vances. These projects were not ad- ment. party and ideological lines. These vanced in the pursuit of a party’s re- These government success stories friendships have led to more openness taining power or in the interest of a and others are the result of compas- and willingness to discuss issues on a particular ideology being thrust upon sionate, moderate, democratic govern- cordial basis. They promote the identi- the American people. They were ad- ment aimed at securing opportunity fication of common ground. This infor- vanced because there was a bipartisan for and promoting responsibility mal togetherness concept could be ex- consensus that they were good for the among all Americans. No, these accom- panded to Senate standing committees future of the country. They came from plishments did not result in the Great like Agriculture, where I serve. Mem- the center, not the extremes. Society as envisioned by President bers could hold regularly scheduled In the America of 1954, poverty and Johnson and much-maligned in some luncheons and dinners among them- age were often indistinguishable, espe- political circles today. Some want to selves and occasionally with their cially in parts of the South. The aver- label all the Great Society programs as spouses. age monthly Social Security benefit failures. It is fashionable to make Another way to foster bipartisanship was only $59. A child was three times them euphemisms for liberal big-spend- would be to have more committee less likely than today to survive its ing government. hearings outside Washington in various first year of life. The success of the So- Some of these programs were indeed regions of the country. These should be cial Security Program has helped lower disappointments worthy of the criti- scheduled during recess periods, when poverty rates among senior citizens to cism they receive today. Certainly, Members are usually out of Wash- the lowest level in the population. The there was some idealistic overreaching, ington anyway, or during extended Medicare Program brought 32 million which resulted in a pattern of depend- weekends. Committee members trav- seniors into the health care system. ency we are trying to combat through eling together get to know each other The Women, Infants, and Children Pro- current welfare reform efforts. Even so, on a personal basis much better. gram began to reduce infant mortality many good things came about, result- Friendships and better understanding and aid to families with dependent ing in a better society, one that has will no doubt be among the results. children brought vulnerable children come about due to more Americans Issue discussions in informal settings basic sustenance. Revelations of child than ever having basic opportunities to should be frequent occurrences, par- hunger during the 1960’s gave rise to succeed and pursue their dreams. In- ticularly between the leadership of the the school lunch program. Later, de- stead of focusing on our failure to respective parties and should, on regulation of the airline, trucking, and reach some sort of utopia, or unduly occasioin, include White House leader- telecommunications industries pro- blaming each other for the over- ship. Similar informal togetherness duced millions of new jobs and lowered reaching that led to dependency among gatherings should occur among staff prices for transportation and telephone some segments of the population, we members. Such recommendations to services. should take enormous pride in the fact enhance a spirit of bipartisanship and

VerDate Aug 31 2005 00:20 Jul 01, 2008 Jkt 041999 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S25SE6.REC S25SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 25, 1996 CONGRESSIONAL RECORD — SENATE S11245 to foster personal relations among course of a moderate populace. This TRIBUTE TO RETIRING SENATOR Members of Congress might seem to be does not mean that ideology and polit- MARK HATFIELD OF OREGON stating the obvious, even trivial in ical passion do not or should not count; Mr. CONRAD. Mr. President, I rise light of all the challenges we face. This it does mean that sometimes they today to bid farewell to our distin- spirit and these relationships have suf- should be suppressed in the best inter- guished colleague from Oregon, Sen- fered greatly in recent years, however, ests of the Nation as a whole. In such ator MARK HATFIELD. Senator HAT- and can only be restored through focus- a complex, diverse, and large country FIELD’s career in the Senate has ing on them. Congress, and especially as ours, extreme, rigid views on either spanned three decades, a record of serv- the Senate, is only as strong and effec- side can only perpetuate alienation ice that the State of Oregon, as well as tive as the links between its Members. from and dissatisfaction with Govern- the rest of the Nation, should be proud Newcomers to the institutuion will ment. of. soon learn the importance—the neces- It has always struck me as rather in- Senator HATFIELD has devoted his en- sity—of working together and compro- tire adult life to serving the people of mising. The basic point is to soften the teresting that the vast majority of the policy foundations, issue study centers, Oregon, as an educator, a statesman, a lines of partisanship and division that public servant of the highest caliber. often impede the legislative process. and think tanks are either identifiably Senator HATFIELD’s long and distin- Along with sincere efforts to increase conservative or liberal in their orienta- guished career began as college pro- bipartisanship, overall expectations tion. There are very few that are seen fessor and dean at Willamette Univer- must be lowered. There is a consensus as centrist in their outlook. Perhaps sity. He has served in both the Oregon in both parties and among the public at private sources could establish an In- House and Senate, as Oregon’s young- large that Government cannot be ex- stitute for reason and moderation or a est secretary of state, its Governor, pected to do all things for all people. center for responsible government to and, since his election in 1966, as the Constituents cannot continue to make review and monitor legislation under longest-serving U.S. Senator from the contradictory calls for a downsizing of broad guidelines designed to produce a State of Oregon. Senator HATFIELD’s Government and a lowered deficit scholarly moderate approach to and commitment to the people of Oregon is while at the same time demanding evaluation of issues. unquestionable. In announcing his re- more services and benefits. Members tirement, Senator HATFIELD explained, must have the political courage to tell As I leave the Senate and public serv- ‘‘Thirty years of voluntary separation this truth and to point out this reality. ice, I want to thank the people of my The realities of our two-party system State for their faith and trust over the from the State I love is enough.’’ As I dictate that there will be issues upon years. As I pass the torch to a new gen- am sure my colleagues will agree, Or- which the parties will never agree. eration, I also want to thank my Cre- egon’s gain is the U.S. Senate’s loss. After all, the parties do hold competing ator for the blessing of health and en- Senator HATFIELD served as the chair views for the future of the country. ergy during my lifetime so far, and for of the Senate Appropriations Com- This is not necessarily bad. It creates giving me the opportunity to serve our mittee from 1981 to 1987, and in 1995 he alternatives and requires leaders to ar- great Nation and my fellow citizens. returned to the helm of that com- mittee. As chairman and in the Senate ticulate a vision. But, there are enough As my time in the Senate draws to a large issues that confront us that bi- as a whole, he often helped fashion bi- close, I am reminded of the fact that partisan compromises, putting the partisanship is the best way—perhaps our Nation—the United States of the only way—to achieve success. By good of the country ahead of partisan America—is not based on any one lan- politics. I had the good fortune to work focusing on broad goals that come guage, culture, or geographic area as about through compromise, Members with Senator HATFIELD as part of the are most older nations. Instead, it is do not foresake their parties or phi- Mainstream Coalition, which tried to based on a set of ideals, which, while losophies. break the gridlock surrounding health Where bipartisanship and working to- relatively few in number, really en- care reform. gether are not possible, perhaps it is compass all the elements that con- Senator HATFIELD is not afraid to best to pull back and perhaps wait for stitute the core of who we are as a peo- stand up for what he believes is right, another time to pursue action. This is ple. These are liberty, freedom, democ- even when it means going toe-to-toe in stark contrast to the tendency in re- racy, equality, opportunity, human with his own party or disregarding pop- cent Congresses to forge ahead, even dignity, and respect for others. These ular public opinion. In 1995, during the where failure is certain, and then are the great ideals that brought us to fight over the balanced budget amend- blame the other side or party for the these shores in the first place, and ment, Senator HATFIELD stood by his failure. Sometimes legislation and which will take us into the next cen- beliefs, in the face of enormous pres- ideas need to simmer and gel before tury. sure from his own party, and voted against the amendment. being acted upon. Since our country is still so much a In addition to his tenure in the U.S. There should be a ladies’ and gentle- work in progress, I still believe that Senate, MARK HATFIELD also served his men’s agreement making it a taboo to our best years are ahead. Sure, growing demonize your political opponents. Far country as a Navy Lieutenant in the pains, in the nature of social problems, too much of today’s debate consists of Pacific theater in World War II. He was world threats, and ideological divides, trying to promote one’s position at the battles of Iwo Jima and Oki- will continue to occur. But by weath- through the character assassination of nawa, and served in the occupation of ering these storms and finding rem- an opponent. Even in circumstances Hiroshima after the dropping of the where this tactic succeeds, the victory edies for them, we become stronger and atomic bomb. This experience gave him is inherently hollow and will not stand better able to meet and adapt to chang- a deep and unshakable commitment to the test of time. Both major parties ing demands and conditions. This peace, leading him to vigorously op- could have their campaign committees adaptability and resourcefulness—ben- pose war and nuclear proliferation. As designed to work together to create efits resulting from the genius of our Governor of Oregon, he spoke out less negativity and friction in political Constitution and the Government it against Lyndon Johnson’s policies on campaigns. The first agreement should charters—have served us particularly Vietnam. He helped author legislation be to ban negative campaign ads. well during the last several decades of passed by the Senate in 1992 calling for In the spirit of President Eisenhower, intense social and technological an end to U.S. nuclear testing, legisla- the status of his self-proclaimed mod- change. This ability, with which Amer- tion that I supported. He also helped eration should be returned to that of a ica is uniquely equipped due to the found the Oregon Peace Institute and political virtue rather than a gov- ideals upon which it is founded and the the U.S. Institute for Peace. erning liability. Regardless of the per- Constitution which enshrines those Mr. President, I have the deepest re- sonal ideologies and views of individual ideals, can continue to guide and serve spect and admiration for our friend and Members of Congress, the national leg- us well and will continue to be our colleague from Oregon, and I say with islature should reflect the moderate greatest natural resource. confidence that he will be deeply

VerDate Aug 31 2005 00:20 Jul 01, 2008 Jkt 041999 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S25SE6.REC S25SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S11246 CONGRESSIONAL RECORD — SENATE September 25, 1996 missed by every Member of this Cham- with great respect for the opportunity far-ranging as tax reform and water- ber. I wish him all the best as he re- that the Senate affords for informed use policy. turns to his home State of Oregon and debate. Unfortunately, informed debate Senator BRADLEY has been a true resumes his career in education, and I has not always been a great hallmark leader on tax reform and fiscal respon- thank him for his dedicated service to of recent years in the Senate, and I re- sibility. He was an early and persistent this body and the Nation. gret that this body will no longer have voice urging us to put our fiscal house f the benefit of BILL BRADLEY’s keen in order. If we had had more BILL mind and tenacious, yet gentlemanly BRADLEY’s in the Senate in the early SENATOR BILL BRADLEY approach to the issues of our day. 1980’s, we could have avoided the defi- Mr. BYRD. Mr. President, I pay trib- Senator BRADLEY is a young, vibrant, cits of the Reagan era and subsequent ute today to the senior Senator from vigorous man with, God willing, a long years that have left us with our enor- New Jersey, BILL BRADLEY, who has, span of productive years ahead of him. mous national debt. Last year, I was unfortunately, decided to retire from I am pleased to note that he has re- privileged to work closely with BILL the Senate after three terms. cently been writing and speaking out BRADLEY in putting together a fair BILL BRADLEY has brought to the on a variety of fundamental issues con- share budget plan that would have bal- Senate a keen mind and an athlete’s cerning the Nation, including race rela- anced the unified Federal budget. His drive to cut through highly com- tions; the need for a more responsible advice was absolutely central to devel- plicated, but vital issues affecting the civil society where grassroots and local oping the specifics of the plan and economy of the United States, espe- institutions assume more responsi- bringing together a coalition of sup- porters. cially the Tax Code’s treatment of the bility for our civic life; on the need for middle class, and the need to eliminate In 1986, BILL BRADLEY almost single- campaign finance reform; on the need the accumulation of deductions and handedly pushed through a tax reform for economic transformation and special interest provisions which have bill that dramatically reduced the growth more fairly shared across the skewed our tax code in multifarious number and size of tax loopholes, gave full range of economic groups in Amer- and unfair ways. middle-class American families tax re- In tackling the most vexing and ican society; and on the role of faith in lief, and greatly simplified the Tax wide-ranging problems affecting the the fabric of American society. Of par- Code. Since joining the Finance Com- ticular interest is his comparison of economy, Senator BRADLEY had a cen- mittee, I have had the opportunity of tral impact on the Tax Reform Act of American society with a three-legged working with BILL on tax policy, and 1986 after 4 years of hard work, perse- stool made up of the private sector, his knowledge of the intricacies and verance, and studious attention to government, and civil society. Obvi- politics of our Tax Code is truly as- these very difficult issues. Using the ously Senator BRADLEY is correct when tounding. We will sorely miss his springboard of his seat on the Finance he points out that our future depends knowledge on these issues as we con- Committee to grind away at his col- on all three. sider tax issues in the future. leagues and the Senate as a whole as to BILL BRADLEY is an independent, and Senator BRADLEY has also been a the need for basic reform of the Tax thoughtful thinker on some of the courageous voice on other issues that Code, BILL showed that he could go the most fundamental issues confronting many politicians choose to avoid. For extra mile, and through sheer deter- our Nation. example, he has been one of a very few mination use the legislative process in Senator BRADLEY has focused his Members of Congress to move beyond textbook fashion. He produced far- considerable mental powers well on a sound bites and talk honestly and di- reaching proposals on issues that have broad landscape of difficult problems rectly about the issue of race in Amer- made a real difference for Americans, which will trouble our Nation in the ica. And he was a strong voice criti- based on careful study and on con- years ahead. cizing those who seek to use race to di- vincing the rest of us to stand up, pay The breadth of issues on BILL BRAD- vide us for political purposes. attention, and support the soundness of LEY’s plate clearly shows that he in- Senator BRADLEY also devoted a his position. tends to make an indelible mark on the great deal of time to foreign policy. He has tackled a variety of other continuing American dialogue about Whenever a complex foreign policy tough and central problems facing solutions to these problems, and I, for issue forced itself upon the Senate, it American society, including deficit re- one, encourage him and look forward seemed like BILL had found time to duction, pension reform, college loan to his contribution. It would not sur- think through the options and U.S. and programs, Medicaid reform, and a vari- prise me to see citizen BILL BRADLEY at regional interests involved. In short, Mr. President, BILL BRAD- ety of initiatives in the energy area the witness table at future Senate LEY has been an intellectual giant in through his active membership on the hearings giving us his views on many the Senate. The U.S. Senate is losing a Senate Energy Committee. In addition, fundamental issues. champion for average American fami- he has been extremely industrious as a I wish BILL and his wife, Ernestine, lies and particularly for the least for- legislator on a wide range of issues in the best as he departs from this latest tunate among us. But I do not doubt the education field, from community- stopping place in his varied and suc- cessful life, knowing that there is that he will continue these fights. As based initiatives involving families, to he said when he announced his decision reform of higher education. BILL BRAD- much more to come, and with the hope that he will return frequently to in- not to seek reelection, there are other LEY has gone much further than legis- places where he can put his skills to clude the Senate in his personal quest lative initiatives, however. He has work making our country better and for a better America. sponsored a number of enduring semi- stronger. I wish him well as he seeks nars and special programs for high f out the best place and way to continue school and college students and ath- TRIBUTE TO SENATOR BRADLEY his calling to public service. letes, all with a dual focus on effective Mr. BIDEN addressed the Chair. Mr. CONRAD. Mr. President, today I citizenship and educational excellence. The PRESIDING OFFICER. The Sen- Senator BILL BRADLEY added his en- want to pay tribute to Senator BILL ator from Delaware. gaging personality, integrity, and stu- BRADLEY’s distinguished service in the Mr. BIDEN. Mr. President, I ask dious manner to the mosaic of the Sen- U.S. Senate. unanimous consent that I be able to ate, and gave this body another dimen- From his election to the Senate in proceed for up to 10 minutes as if in sion. His unique background as a 1978, BILL BRADLEY has influenced the morning business. Rhodes Scholar, and as a former profes- policymaking agenda in Washington by The PRESIDING OFFICER. Without sional basketball player turned U.S. plunging into the intricacies of an im- objection, it is so ordered. pressive array of interests and learning Senator sent a message to our young f people that intellectual and athletic the strengths and weaknesses of his op- excellence need not be two competing ponents’ arguments better than they SENATOR CLAIBORNE PELL worlds. did. His sheer intellectual dominance Mr. BIDEN. Mr. President, I rise this In all his work in the Senate, BILL of issues has allowed him to succeed morning to speak not to an issue but to has performed with dignity, grace, and against the political odds on issues as speak to a man—about a man.

VerDate Aug 31 2005 00:20 Jul 01, 2008 Jkt 041999 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S25SE6.REC S25SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 25, 1996 CONGRESSIONAL RECORD — SENATE S11247 Mr. President, I rise this morning on institution—should not stoop to the He literally said, ‘‘CLAIBORNE PELL and the floor of the Senate to perform a level of engaging in uncivil conduct. JOE BIDEN.’’ Just for me to be men- task that I am anxious to perform but, If the Presiding Officer, the former tioned in the same sentence with CLAI- at the same time, reluctant to perform. Governor of Missouri, will excuse my BORNE PELL—just to be mentioned in I have been in the Senate now for 24 personal reference, it is like using pro- the same sentence—was one of the years. I have had the opportunity in fanity. You know that one may engage highest compliments I have received those 24 years to serve with some very in using profanity in the locker room since I have been in the Senate. famous, significant political figures in with a bunch of guys when you are in I am not in CLAIBORNE PELL’s class. modern American history. When I ar- high school, but you would never do Few are. If you will forgive me, as we rived here in 1972, Richard Nixon was that in front of your mother. You say, a point of personal privilege here, President. The Senate was markedly would never do that in front of your when I first came to the Senate, I say different in terms of its makeup and grandmother. You would never do that to the Presiding Officer, I came under membership, so much so that I now in front of the people you most re- circumstances that were not the most find myself—I was No. 100 in senior- spected, even if you slipped and did it ideal. I was not anxious to come. There ity—I now find myself somewhere in in front of the guys. had been an accident involving my the low teens in seniority, and finding Well, the presence of Claiborne PELL family, and I lost my wife and daugh- only a half a dozen or so Democrats on the floor of the U.S. Senate—just, ter. who have been here longer than I have. literally, his physical presence on the Almost everybody, when I came, em- The reason I bother to mention that floor—inhibits Members from yielding braced me, Democrat and Republican, is I have had an opportunity to meet to the temptation of engaging in un- and they were very generous with their and work with and become friends with civil conduct, in conduct that, quite time and their concern. But I remem- some truly great and famous Members frankly, we should all realize is be- ber four people, only one of whom I will of the U.S. Senate. The loss—in some neath us and demeans the public de- name today: CLAIBORNE PELL. CLAI- cases by death, such as in the case of bate and demeans this institution. And BORNE PELL came to me, and in his in- Hubert Humphrey and Dewey Bartlett I can say, without reservation, that in imitable way. He did not do what Hu- and others; in some cases as a con- the 24 years I have served here there is bert Humphrey did. Hubert Humphrey sequence of having lost an election, in not a single, solitary person whose literally came over to my office and the case of people like Frank Church mere physical presence in a committee, sat on my couch and cried with me, I and other great leaders such as Jacob in a caucus room, on the floor of the mean literally cried with me. CLAI- Javits; the loss in some cases on the U.S. Senate—just his presence inhibits BORNE PELL did not do that. part of a Senator deciding he did not negative behavior on the part of all of I give you my word that there was wish to run again, like Senator Mans- us. He is a man of such character, such not a week that went by without him field and others—has impacted on the gentility, such class, and such persua- at least twice a week personally com- Senate and has impacted on the coun- sion by his actions. I mean it. Think ing to me and inquiring of me how I try. about it. I say to my colleagues who was doing, inviting me to his home, in- I know my Grandfather Finnegan— may be listening to this in their of- viting me to stay with him in his God rest his soul—was right when he fices: Name for me a single solitary home, offering me a room in his lovely always used to say, ‘‘Joey, don’t forget person with whom we have ever served home in Georgetown because he knew I Paddy’s a 9-day wonder. When you’re who has that kind of impact—he walks commuted and my boys were still in gone, you’re gone.’’ In one sense that is into a room, and his mere presence ex- the hospital. And that did not stop true. In another sense it is not true be- poses demeaning conduct that any of when my boys became healthy. That cause every once in a while someone us, including myself, may be engaging has continued for 24 years. And his passes this way. Every once in a while in in the course of political discourse. wife, Nuala, is equally as wonderful. someone assumes a position in the U.S. He likes to point out—and he never In addition to that, CLAIBORNE PELL Senate, or takes the place on the floor lectures, but he likes to point out— did something few were able to do for of this august body, who changes not that he has never negatively referred me at the time, and again continuing only the nature of our laws and the at- to any one of his opponents. on this point of personal privilege. He titude of our country about major I remember one of the highest com- invited me to dinner parties, private issues but who impact upon how this pliments I ever received. We were at a parties, private dinners at his home, institution functions. candidate forum. The chairman and I, knowing that it was important for me, In my mind, and I believe I reflect Senator PELL, a Democratic candidate, in retrospect, just to get out, just to be the view of the American public in this were getting ready for the last elec- somewhere with someone. He never did case, one of the things that is most tion. And one of the leading political it in a way that made me feel beholden. troubling in our discourse is a growing advertisers for Democrats was up there He never did it in a way as if he were lack of civility, not only in our public showing us the latest ad, all the Mem- doing me a favor. He never did it in a discourse but in our private discourse. bers of the Senate who were running in way other than the way he does every- You need only go down this long aisle the 1990 race, when Senator PELL and I thing: in a purely genuine, straight- to the next, patterned after the Par- ran together the last time. He was say- forward, embracing way. liament in Great Britain. Look out this ing, ‘‘This is what works, and this is Mr. President, that has characterized door. Many people who watch us on C- what the Republicans are doing, and everything about CLAIBORNE PELL. SPAN don’t realize that you walk this is what we should do.’’ This par- Let me conclude by saying that ev- through the door of this institution, ticular guy has great wit and was actu- erything about CLAIBORNE PELL’s pub- this floor, and look out that door, and ally the guy doing my advertising, and lic life has in fact emulated his private you look straight all the way through, may have been the one doing Senator life. There are not many people who you will see a similar set of doors at PELL’s as well. I can’t recall. His name can say there is simply no distinction the other end that lead into another is Bob Squire, one of the leading polit- between their private conduct and Chamber called the House of Rep- ical advertisers in the country, and a their public conduct. CLAIBORNE PELL resentatives. For years and years, we fine man. Actually he was doing the would not say that, but he can say have avoided the kind of invective that President’s campaign, if I am not mis- that, and I can say that for him. seems to have infected the debate on taken. Bob Squire with his dry wit The last point I wish to make, and I that end of the Capitol. And one of the looked down at all of us, and said, will elaborate on this later when we reasons we have avoided it is because ‘‘There are only two men in America finish this treaty or at another time there have been men and women on the that do not get it’’—that you must re- before we leave, is this man is a man floor of this Senate who will not tol- spond to negative ads and you must be who is, to use a trite-sounding phrase, erate that kind of discourse and con- negative. a quiet visionary. This is a fellow who stantly remind us of our moral con- And I do not know whether it is true, wrote about the transportation system science: that we, as the greatest insti- if it was only two. It does not matter in the Northeast and predicted what tution—not as individuals, but as an for purposes of what I am going to say. would be needed and used a word I

VerDate Aug 31 2005 00:20 Jul 01, 2008 Jkt 041999 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S25SE6.REC S25SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S11248 CONGRESSIONAL RECORD — SENATE September 25, 1996 learned as an undergraduate that no cisco Conference which drew up the Charter is limited to 1 hour, of which 30 min- one had ever heard of—‘‘megalopolis’’— of the United Nations, has always worked to utes is under the control of Senator and he talked about Richmond to Bos- find international solutions to global prob- PELL and Senator HELMS, 30 minutes lems in such areas as the environment, the ton and what would have to be done to under the control of Senator BROWN. oceans, climate control, human rights, the accommodate the needs of this area of plight of refugees, and the rights of op- Who yields time? the country. He is the guy who came up pressed minorities throughout the world; Mr. HELMS. Would the Senator like with the notion of ACDA. He has been Whereas Senator Pell has steadfastly ar- to go first? the single most consistent, persistent gued for greater contact and dialogue be- Mr. PELL. The Senator should. spearheader of the notion of bringing tween all nations so as to reduce tensions, Mr. HELMS addressed the Chair. about the diminution of the number of resolve differences, and promote the develop- The PRESIDING OFFICER. The Sen- nuclear weapons that exist in this ment of democracy, advocating negotiations ator from North Carolina is recognized. world. He is the man who has been de- and diplomacy as an alternative to armed Mr. HELMS. I thank the Chair. voted to the notions and concepts em- conflict and military action; Mr. President, please advise me when Whereas Senator Pell has been instru- I have used 10 minutes. bodied in the United Nations. He is a mental in the initiation of arms control ac- man who has been the leader in edu- cords such as the Environmental Modifica- Mr. President, one of the most impor- cation and learning, a man who comes tion Treaty and the Seabed Arms Control tant responsibilities of the Senate from considerable standing in terms of Treaty, in the successful Senate consider- Committee on Foreign Relations, and his own personal wealth and education ation of numerous arms control treaties with specified as such under the Senate but has bent down to make sure that such goals as the limitation, reduction and rules, is to consider measures that people of competence, regardless of elimination of various classes of nuclear ‘‘foster commercial intercourse with their economic status, would be able to weapons, in the passage of legislation to re- foreign nations and safeguard Amer- achieve the same intellectual com- strain the proliferation of weapons of mass ican business interests abroad.’’ destruction, and in the inception, fostering petence, capability, and background as and strengthening of the Arms Control and Throughout the 104th Congress, I he has achieved. Disarmament Agency; have placed a high priority on meas- This is a wonderful man, I say to my Whereas Senator Pell, through his energy ures that promote American commer- friends. You all know it. But not many and vision, has contributed immeasurably to cial interests in the United States and have passed this way who have his per- the development of United States leadership overseas. During this Congress the For- sonal characteristics and capabilities, in world affairs and the establishment of bet- eign Relations Committee has reported and I doubt whether very many will ter relations among nations; six bilateral tax treaties providing for come this way again. I will truly miss Whereas Senator Pell has announced his reduced withholding tax liabilities and his presence in the Senate. intention to retire from the Senate in Janu- ary 1997; and protection against the double taxation I yield the floor and thank my col- Whereas Senator Pell’s leadership and wis- of American goods and services. leagues. dom will be sorely missed by his colleagues During this Congress, the Foreign Mr. HELMS addressed the Chair. on the Committee and his many friends in Relations Committee also reported The PRESIDING OFFICER. The Sen- the Senate: Now, therefore, be it nine bilateral investment treaties, or ator from North Carolina is recognized. Resolved, That the Committee on Foreign BIT’s, as they are known around the Mr. HELMS. Mr. President, I appre- Relations expresses its warm and deep affec- world. BIT’s between the United States ciate the remarks of the distinguished tion for Senator Claiborne Pell, its profound and other countries can have an enor- Senator from Delaware. He was unable appreciation for his devotion to duty and its mous impact in opening doors for to come to a meeting of the Foreign sincere gratitude for the outstanding service American business in less developed Relations Committee this morning at which he has rendered to the Committee, the Senate, the United States of America, and to markets. To date, the Senate has over- which we spent 11⁄2 hours paying trib- the entire world through his great ability, whelmingly approved all of the bilat- ute to this wonderful man, and I agree initiative, and statesmanship. eral tax and investment treaties re- with everything that Senator BIDEN f ported from our committee during the has said about Senator PELL. At the meeting this morning, a reso- EXECUTIVE SESSION 104th Congress. lution of commendation for Senator Today, the Senate is considering yet another treaty that expands opportuni- PELL was adopted by standing ovation, and I ask unanimous consent that this INTERNATIONAL NATURAL ties for U.S. business and protects resolution be printed in the RECORD. RUBBER AGREEMENT, 1995 American jobs. This treaty, the Inter- national Natural Rubber Agreement There being no objection, the resolu- The PRESIDING OFFICER. Under (INRA) is designed to stabilize product tion was ordered to be printed in the the previous order, the Senate will now and prices of natural rubber. This RECORD, as follows: go into executive session and proceed agreement has been in effect for 16 RESOLUTION OF COMMENDATION FOR SERVICES to the consideration of Executive Cal- years and has proved a useful tool for RENDERED BY THE HON. CLAIBORNE DEB. PELL endar No. 23, which the clerk will re- maintaining a relatively stable supply Whereas Senator CLAIBORNE DEB. PELL has port. of natural rubber at a fairly consistent been a member of the Committee on Foreign The legislative clerk read as follows: Relations since January 8, 1965; served as price. The pending treaty would extend Ranking Minority Member from January 5, Treaty Document 104–27, the International the agreement for an additional 4 Natural Rubber Agreement of 1995. 1981 until January 6, 1987; served as Chair- years. man from January 6, 1987 until January 3, Resolved (two thirds of the Senators present concurring therein), That the Senate advise This commodity agreement essen- 1995; and served again as Ranking Minority tially reauthorizes a buffer stock that Member from January 4, 1995 until the and consent to the ratification of The Inter- present; national Natural Rubber Agreement, 1995, stabilizes the price of natural rubber. Whereas by serving as Chairman of the done at Geneva on February 17, 1995, subject The buffer stock is designed to buy and Foreign Relations Committee, Senator Pell to the following declaration: sell rubber in order to keep the price became the second Rhode Islander, following It is the sense of the Senate that ‘‘no res- within 15 percent of a reference price The Honorable Theodore F. Green, to serve ervations’’ provisions as contained in Article established annually based on the mar- 68 have the effect of inhibiting the Senate the State of Rhode Island as Chairman of ket. The stock is financed by direct this distinguished Committee; from exercising its constitutional duty to Whereas as a Member and Chairman of the give advice and consent to a treaty, and the cash contributions from its members, Committee Senator Pell has always been Senate’s approval of this treaty should not who are both producers and consumers courteous, extending to all Members true re- be construed as a precedent for acquiescence of natural rubber. Absent the develop- spect for their views, and leaving an indel- to future treaties containing such a provi- ment of a mature futures market for ible mark on the Committee as a true gen- sion. natural rubber, the agreement ensures tleman of diplomacy; The PRESIDING OFFICER. Under predictable supplies of natural rubber Whereas in the discharge of his duties as the previous order, the pending busi- priced at annual market rates. chairman, Senator Pell has at every oppor- ness is the resolution of ratification. Virtually all Americans, whether tunity encouraged the development and fur- therance of a bipartisan foreign policy; The previous order provides that the aware of it or not, depend on rubber Whereas Senator Pell, having served on the proposed declaration to the resolution products every day of the week. Any International Secretariat of the San Fran- is agreed to. Debate on the resolution American who drives a car, or rides a

VerDate Aug 31 2005 00:20 Jul 01, 2008 Jkt 041999 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S25SE6.REC S25SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 25, 1996 CONGRESSIONAL RECORD — SENATE S11249 bus, or takes a taxi to work relies on U.S. contribution has increased eration and its advice and consent to ratifi- rubber products. Many Americans may through profit and interest by $25 mil- cation. This letter is in response to a request not be aware that we are completely lion and now stands at $78 million. from the staff of your committee for our views on the budgetary implications of U.S. dependent upon foreign countries for Given this record it is evident that the participation. In summary, because rolling our supply of natural rubber. In fact, U.S. Treasury will benefit directly over U.S. government resources currently in synthetic rubber products still require from its membership in the Inter- the International Natural Rubber Organiza- some natural rubber. national Natural Rubber Organization tion (INRO) Buffer Stock Account will not Here is the point. Seventy-five per- [INRO] in more ways than ensuring an require any legislation, ratification of INRA cent of all natural rubber is grown in adequate supply of natural rubber. 1995 will not be subject to pay-as-you-go only three countries—Malaysia, Thai- When the U.S. contribution to the budgetary procedures, and will simply land, and Indonesia. About 80 percent INRO is returned to the Treasury in change the timing of the return of these as- sets to the U.S. Treasury. of natural rubber is grown by small four years, we can expect the U.S. The Administration proposes to roll over farmers, and it requires seven years for share of INRO to have grown beyond its the current U.S. share in the Buffer Stock new rubber trees to reach full produc- current level of $78 million. Account, which totals approximately $78.5 tion level. Thus, a drastic reduction in Commitment to INRA III will be million, from INRA 1987 to INRA 1995 with- rubber prices could force small farmers funded without additional appropria- out a new appropriation. (This includes $7.5 to convert their crops to more profit- tions from the United States. Accord- million in the Buffer Stock Account and $71 able commodities such as palm oil. ing to the Office of Management and million held in the Surplus Funds Account, which is part of the Buffer Stock Account Since natural rubber takes seven years Budget, in a letter to me dated August managed by Rothschild Asset Management to mature, valuable time could be lost 8, 1996, ‘‘because rolling over U.S. gov- Ltd., Singapore.) We believe this amount before the market was once again pro- ernment resources currently in the will be sufficient to cover all likely U.S. gov- vided with a reliable supply. INRO Buffer Stock Account will not re- ernment obligations during the life of INRA In terms of jobs, the president of the quire any legislation, ratification of 1995. Rubber Manufacturing Association tes- INRA 1995 will not be subject to pay-as- The proposed roll-over of resources in the tified before the Senate Foreign Rela- Buffer Stock Account from INRA 1987 to you-go budgetary procedures, and will INRA 1995 is based upon the provisions of tions Committee that the livelihood of simply change the timing of the return INRA 1987, and the 1988 precedent of the Sen- more than 100,000 employees, and the of these assets to the U.S. Treasury.’’ ate rolling over funds from INRA 1979 to thousands of suppliers to the rubber in- According to the Office of Manage- INRA 1987. Consistent with the 1988 prece- dustry and its customers, depends on ment and Budget, the proposed roll- dent, such a roll-over does not require any available supplies of natural rubber over of resources in the Buffer Stock authorizing or appropriation legislation, and the continued production of fin- Account from INRA 1987 to INRA 1995 only treaty ratification and U.S. government ished products. By keeping the cost of is based upon the provisions of INRA consent. Thus, a roll-over of resources in the Buffer Stock Account is not subject to pay- tires—and other rubber products that 1987, and the 1988 precedent of the Sen- as-you-go procedures established by the Bal- we all depend upon—relatively stable, ate rolling over funds from INRA 1979 anced Budget and Emergency Deficit Control U.S. consumers benefit directly from to INRA 1987. Some annual appropria- Act of 1985. the agreement. tions are necessary; specifically, the The U.S. share of the administrative costs Ensuring that small farmers will con- U.S. share of the administrative costs of running the International Natural Rubber tinue to grow rubber is therefore essen- of INRO are estimated to be $300,000 per Organization are estimated to be approxi- mately $300,000 per year. These costs will re- tial to ensuring an adequate supply year. level for the United States. One of the quire annual appropriations, and the State Finally, Mr. President, the adminis- Department’s proposed budget for FY 1997 in- main reasons the United States signed tration, U.S. industry, and this Sen- cludes money for this purpose in the Con- the original agreement, it is known in ator, agree that it is time to move to- tributions to International Organizations ac- short form as INRA—with broad bipar- ward a system which relies on private count. tisan support—and its renewal in 1987, sector institutions to manage market The Administration expects that at the end of the four-year duration of INRA 1995, was to encourage producers to invest in risk. I agree with Senator BROWN on planting new trees and to continue to the objectives of INRA will be achievable that point. But, consequently, in cor- through the operation of free market mecha- harvest rubber to meet the projected respondence with the Secretary of nisms. Therefore, INRA 1995 is intended to be increases in worldwide demands. Since State and during a hearing of the Sen- the last such agreement in which the United the original INRA, production of nat- ate Foreign Relations Committee on States participates, and the U.S. share of the ural rubber has doubled to keep pace June 20, 1996, I stated that industry Buffer Stock Account (including buffer stock with a similar rise in consumption of must begin such a transition. So, this trading profits and interest) will return to rubber products. will be the last International Natural the U.S. Treasury as miscellaneous offset- Senate ratification of this treaty is Rubber Agreement. However, industry ting receipts at that point. The transfer of essential to ensuring market stability U.S. government assets from INRA 1987 to needs sufficient time to create a mech- INRA 1995 will not affect the U.S. claim on as the United States and other con- anism and prepare for a smooth transi- those assets, but will only change the timing suming countries transition to a sys- tion to such a system. Given the of their return to the Treasury. tem that relies on private sector insti- unique production challenges of nat- Again, the Administration strongly sup- tutions to manage market risk. In a ural rubber, ratification of INRA III ports U.S. participation in INRA 1995 and letter to me, dated January 22, 1996, will provide an adequate transition pe- awaits consideration of the treaty by the full Senate. We appreciate the support that you the State Department said it ‘‘shared riod. industry’s and labor’s concern that a have given to this proposal and your expedi- Mr. President, I ask unanimous con- tious action on it. precipitous end to the accord would be sent that correspondence to me empha- Please let me know if you would like any disruptive.’’ As we know all too well in sizing the importance of this agree- additional information. Washington, private institutions do ment be printed in the RECORD. Sincerely, not replace public institutions over- There being no objection, the letters JACOB J. LEW, night—much as we might like to see it were ordered to be printed in the Acting Director. be otherwise. INRA III will bridge the RECORD, as follows: RUBBER MANUFACTURERS ASSOCIATION, period of transition and decrease the EXECUTIVE OFFICE OF THE PRESI- Washington, DC, September 13, 1996. potential for disruption of the natural DENT, OFFICE OF MANAGEMENT Hon. JESSE HELMS, rubber supply during the four year pe- AND BUDGET, U.S. Senate, Dirksen Senate Office Building, riod in which the treaty will be in Washington, DC, August 8, 1996. Washington, DC. force. Hon. JESSE HELMS, DEAR SENATOR HELMS: Withn the next Membership in INRA has proved to Chairman, Committee on Foreign Relations, week or so, the third iteration of the Inter- be profitable to the U.S. Treasury. The U.S. Senate, Washington, DC. national Natural Rubber Agreement will be DEAR MR. CHAIRMAN: As you are aware, the original International Natural Rubber brought to the floor of the Senate for ratifi- Administration strongly supports U.S. par- cation. Agreement [INRA] was funded by the ticipation in the International Natural Rub- Supported by both industry and labor, United States in 1980 with a contribu- ber Agreement (‘‘INRA’’) 1995 and has asked INRA III is, in essence, a routine extension tion of $53 million. Since that time, the the Senate to give this treaty prompt consid- of an Agreement (INRA I) which has been in

VerDate Aug 31 2005 00:20 Jul 01, 2008 Jkt 041999 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S25SE6.REC S25SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S11250 CONGRESSIONAL RECORD — SENATE September 25, 1996 effect since 1979. INRA II, essentially a con- of the Third International Natural Rubber Mr. President, I rise today also to tinuation of the first, was submitted to the Agreement (INRA III), which is scheduled for speak on behalf of Senate ratification Senate by the Reagan Administration and vote by the Senate this month. This will of the third International Rubber approved unanimously by a vote of 97–0. To continue a treaty that has effectively served Agreement, INRA III. the extent INRA III differs from its prede- the needs of the U.S. tire industry. cessors, it does so in a positive way, by mak- Natural rubber is a strategic commodity As my colleagues are well aware, ing its economic provisions even more mar- for the production of tires as well as for a INRA III is a renewal of an existing ket-oriented, and more automatic than dis- wide variety of other products. For the past commodity agreement. This is not new. cretionary. 25 years, the International Natural Rubber It has been in existence between more INRA, unlike other commodity agree- Organization (INRO), which operated under than two dozen nations who are either ments, has worked successfully for more the authority of the INRA Charter, has producers or consumers of natural rub- than 16 years. helped ensure a stable price and long-term ber. The first INRA was ratified in 1979. On behalf of the rubber manufacturing in- supply of natural rubber, benefiting both dustry, I ask for your support of this impor- producers and buyers of natural rubber. It was renewed in 1987. INRA III was tant Agreement. Without this stabilizing influence, we believe negotiated in 1994–95 with the very ac- Sincerely, that the international rubber market could tive participation of the United States. THOMAS E. COLE, easily be disrupted, jeopardizing the avail- According to the Department of State. President. ability of natural rubber and long-term dam- . . . the objectives pursued by the United age to the industry. States resulted in a well-structured accord UNITED STEELWORKERS OF AMERICA, INRA is different from many other com- which offers a fair balance of benefits and re- RUBBER/PLASTICS INDUSTRY CON- modity agreements. First, it uses a ‘‘buffer sponsibilities for both consumers and pro- FERENCE, stock’’ mechanism (rather than export con- ducers of natural rubber. trols or market quotas) to dampen the Akron, OH, September 11, 1996. In the negotiations, the United Hon. JESSE HELMS, swings in market prices that can hurt both U.S. Senate, producers and consumers. Second, the price States sought and achieved a number Washington, DC. intervention levels are directly and auto- of improvements in the new agreement. DEAR SENATOR HELMS: On behalf of the matically linked to free market trends. After a very lengthy interagency re- 97,000 members of the Rubber/Plastics Indus- Third, and perhaps the most important, it view, INRA III was formally signed by try Conference of the United Steelworkers of has worked. the United States and sent to the Sen- America, I urge you to support ratification During the last several years, much time and effort has been spent to achieve the con- ate for our ratification. of the International Natural Rubber Agree- United States participation in INRA ment (INRA III) when it comes to the Senate sensus among producing and consuming floor in the near future. countries embodied by this new agreement. has been supported by Republican and For the last 16 years, INRA has success- We believe that a reasonable compromise Democratic administrations, including fully met its primary objective of assuring among the parties has been reached in the those of Presidents Carter, Reagan, an adequate supply of natural rubber for the adopted INRA III document, and that its Bush, and Clinton. So it has enjoyed world. In fact, since INRA began, global nat- ratification will serve the interests of the broad bipartisan support in the Senate U.S. tire and rubber industry. ural rubber production has increased 50 per- when INRA I and INRA II were consid- cent. This is especially important for the As a major U.S. tire manufacturer and an employer of 2,500 in North Carolina and near- ered. U.S. as the world’s largest consumer of nat- ly 35,000 nationwide, we urge you to vote for This year, the Senate Foreign Rela- ural rubber. Assured supplies of natural rubber are par- the ratification of INRA III by the U.S. Sen- tions Committee recommended ratifi- ticularly critical to the tire and rubber prod- ate. We are eager to provide whatever assist- cation of INRA III by a near unani- ucts industry and our union members. To put ance or information may be required to as- mous and bipartisan majority. The it simply, you cannot manufacture such sist you in attaining this goal. agreement is strongly supported by the Sincerely, products for our varied civilian and military Rubber Manufacturers Association and transportation needs—or provide jobs in this JOHN MCQUADE, Plant Manager—Wilson. by the Rubber/Plastic Industry Con- vital industry—without natural rubber. Con- ference of the United Steelworkers. trary to a common misconception, there is KELLY SPRINGFIELD TIRE CO., Mr. President, more than two-thirds no substitute for this critical industrial Fayetteville, NC, January 26, 1996. input. If future supplies of natural rubber are of the world’s production of natural Hon. MICHAEL KANTOR, Ambassador, inadequate, there can be no question that job rubber comes from just three coun- U.S. Trade Representative, disruptions and losses among our members tries: Thailand, Malaysia, and Indo- Washington, DC. would result. nesia. The purpose of INRA is very sim- DEAR AMBASSADOR KANTOR: I have been Also, consumers would be severely im- working very closely with Senator Jesse ple. It is to ensure an adequate supply pacted. Every one cent increase in the price Helms on the International Natural Rubber of natural rubber at fair and stable of natural rubber costs the U.S. tire industry Agreement (INRA) since before Thanks- prices without distorting long-term $22 million on an annualized basis. Thus, giving. Success in getting the Agreement re- consumers could face tremendous price in- market trends and to foster expanded newed is crucial to the future health of creases for tires and other rubber products, natural rubber supplies at reasonable North Carolina’s large tire industry and our and could very well face shortages. prices. In the final analysis, the United States is plant, in particular, which is the largest in As Secretary of State Christopher one of the only countries among the 28 na- the world. It is my understanding that the Adminis- points out in his letter of submittal ac- tions covered by the treaty that has not yet tration will sign INRA III shortly and send it companying the agreement: ratified it. We must do so by the end of this to the United States Senate for its advice Prior to conclusion of INRA 1979, rubber year or the agreement that has served the and consent. This would not have occurred prices had historically been unstable with world so well for almost two decades will die. without your personal support and leader- strong rises. The Senate has previously recognized the ship. This was particularly noticeable, Mr. importance of INRA as reflected in the 97–0 Thank you, Ambassador Kantor, for all vote in favor of ratification when INRA was President, in 1951, in 1955, in 1960 and in your efforts in moving INRA III forward. 1973, 1974, followed by sharp and sudden last renewed in 1988. I urge your support on Sincerely, this matter of critical importance to our declines. ‘‘This behavior not only de- J.R. KONNEKER. union, its members and families—and the stabilized producers’ incomes, but also consumers who purchase the products we Mr. HELMS. In order for the United contributed to inflation in industrial produce. States to retain its membership in countries.’’ That was a statement by Sincerely yours, INRO, the United States must ratify Secretary of State Christopher. JOHN SELLERS, INRA 1995 prior to the end of 1996. I ask So those ups and downs in 1951, 1955, Executive Vice President. that the Senate move expediently to a 1960, 1973 and 1974 are what led to INRA vote on this treaty. BRIDGESTONE/FIRESTONE, INC., being passed in 1979. Mr. GLENN addressed the Chair. The Secretary continued: Wilson, NC, September 16, 1996. The PRESIDING OFFICER. The Sen- In addition, it discouraged needed long- Hon. JESSE HELMS, ator from Ohio. Who yields time? The U.S. Senate, term investments in natural rubber produc- Washington, DC. Senator from Rhode Island? tion. This was and is of particular concern to DEAR SENATOR HELMS: I am writing on be- Mr. PELL. Mr. President, I yield 8 the United States which, as the world’s larg- half of Bridgestone/Firestone, Inc. and the minutes to the Senator from Ohio. est consumer of natural rubber, has a sub- 2,200 employees of the Wilson Plant to reit- Mr. GLENN. I thank my distin- stantial interest in assuring adequate future erate our strong support for the ratification guished colleague from Rhode Island. supplies of this commodity.

VerDate Aug 31 2005 00:20 Jul 01, 2008 Jkt 041999 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S25SE6.REC S25SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 25, 1996 CONGRESSIONAL RECORD — SENATE S11251 In other words, what that says in tion and the Senate are agreed that we volatility. INRA’s buffer-stock mecha- simpler terms is, it’s good for the con- will roll over moneys already invested nism goes into action only when prices sumers of this country that we have in the buffer stock. This arrangement move beyond 15 percent above or below this kind of supply arrangement that seems the simplest and most sensible the reference price. That reference does not permit price fluctuations. means of addressing the financing price is adjusted annually to reflect In contrast with other commodity ar- question and is the same procedure long-term market trends. rangements which have sought to con- which was used successfully for the Under the Reagan administration, trol prices, INRA uses a buffer-stock transition from INRA I to INRA II. the U.S. Trade Representative distin- mechanism to avoid severe price fluc- In closing, Mr. President, as the guished the rubber agreement from tuations which can injure both pro- world’s largest consumer of natural other commodity agreements by stat- ducing and consuming countries. Ab- rubber, U.S. participation in INRA III ing the following: sent alternative institutions to manage is critical to the continued viability of Experience shows that most arrangements market risk, the agreement represents the arrangement. I urge my colleagues with economic measures have not worked the best way of assuring predictable to approve INRA III in the broad, bi- and often result in market disruptions by at- supplies of fairly priced natural rubber. partisan fashion which has character- tempting to support prices at unrealistic lev- els. INRA III will provide a transition pe- ized consideration of this issue to date. In contrast, however, the rubber agree- riod needed to allow industry time to Mr. President, I yield back the re- ment has been successful in moderating prepare for a free market in natural mainder of my time to Senator PELL. price fluctuations through a market-oriented rubber and to allow for the further de- Mr. PELL addressed the Chair. mechanism that operates consistent with velopment of these alternative institu- The PRESIDING OFFICER. The Sen- market trends. tions. ator from Rhode Island. My colleague from Ohio put out a That is very important. I already Mr. PELL. Mr. President, I yield 3 very important figure in terms of the pointed out why to my colleague from minutes to the Senator from Maryland. impact of rapid price fluctuations. North Carolina, because the fact is this The PRESIDING OFFICER. The Sen- Every 1-cent increase in the price of will be the last INRA. After this, we go ator from Maryland is recognized. natural rubber is estimated to cost the to a free market, and this time period Mr. SARBANES. Mr. President, I U.S. tire and rubber industry $22 mil- for this INRA that we are going to ap- thank the Senator. lion on an annualized basis. prove today, I trust, will provide for ar- Mr. President, this is the second ex- This agreement is strongly supported ranging for development of these alter- tension of a treaty that has already not only by U.S. tire and rubber manu- native institutions. been approved by this body on two sep- facturers, but also by organized labor— INRA has effectively discouraged car- arate occasions: in 1980 on a vote of 90 the people who work in the tire and tel-like behavior on the part of the pro- to 1, and in 1988 on a vote of 97 to 0. rubber manufacturing industry. It has ducing countries by supporting prices The purpose of this treaty is to sta- been supported by four successive ad- sufficient to ensure adequate produc- bilize the supply and price levels of ministrations: Presidents Carter, tion, as well as a fair return to the pro- natural rubber in the world market. Reagan, Bush, and Clinton. We have ducer, while giving consuming coun- Through a buffer-stock mechanism, the the benefit of 16 years of experience tries an equal voice in how this unique treaty assures that natural rubber will with this treaty to know that it can commodity agreement is implemented. be available to the United States in and does work. The best part about it is, Mr. Presi- sufficient supply and at reasonable Mr. President, it would be a great dent, it has worked, it has been suc- prices. mistake if we did not take advantage cessful. Over the life of INRA I and II, Mr. President, securing a reliable of this opportunity to give our advice production has increased by 50 percent supply of natural rubber at fair prices and consent to ratification of the to meet rising demand, yet prices have is essential for our tire and rubber in- International Natural Rubber Agree- remained relatively stable. That is a dustry. As a letter from treaty sup- ment. I urge my colleagues to do so. I great testament to the success of INRA porters put it, ‘‘you cannot manufac- yield the floor. I and II since they have been in effect. ture such products for our varied civil- Mr. HOLLINGS. Mr. President, I rise I repeat that. Over the life of INRA I ian and military transportation in support of the International Natural and II, production has increased 50 per- needs—or provide jobs in this vital in- Rubber Agreement [INRA] and urge the cent to meet rising demand, yet prices dustry—without natural rubber. Con- Senate to ratify this agreement. This have remained relatively stable. trary to a common misconception, is the third INRA. The first two agree- Natural rubber is a component of there is no substitute for this critical ments were ratified by this body by every tire and many rubber products. industrial input. If future supplies of overwhelming margins in 1980 and 1988. There is no substitute. The amount of natural rubber are inadequate, there The third agreement merits that same natural rubber used varies depending can be no question that job disruptions level of support. on the type of tire or rubber product. and losses would result.’’ Since entry into force of the first All aircraft, as an example, however, This treaty is extremely important agreement, INRA has effectively met including military planes, have tires because 75 percent of the world’s nat- its basic purpose: to encourage cultiva- which contain a high percentage of ural rubber supply is produced in just tion of natural rubber by reducing mar- natural rubber. three countries—Thailand, Indonesia ket volatility and thus ensuring ade- The economic impact on our whole and Malaysia—and the United States quate supply. Unless INRA is ratified, Nation of ups and downs in the price of is, by far, the world’s largest importer we will return to the unstable price sit- rubber is very real. A 1-cent-per-pound of natural rubber. Since natural rubber uation that characterized the period rise in natural rubber prices costs the is a commodity whose production is before the first INRA went into effect. United States an additional $22 mil- strictly limited by climate, without Price volatility discourages invest- lion. Hence, the importance of price this treaty, the United States could be ment in natural rubber production, and supply stability is readily appar- subject to great market volatility. which in turn affects supply. Rubber ent. Short supplies or unreasonably On the one hand, one possible prob- trees can only be grown in a few areas high prices would be costly to Amer- lem could be the formation of cartels of the world and production does not ican consumers and could be dev- that could push the price of rubber way begin until at least 5 years after the astating to the tire and rubber indus- up, almost beyond reach; on the other trees are planted. Therefore, a reduc- try in the United States. hand, at the other extreme is a danger tion in planting has a long, adverse ef- I will say, we have a very substantial that rubber production could become fect on supply. part of this industry represented in my unprofitable, and there would be a dis- As the world’s largest consumer of home State of Ohio. ruption in supply. This treaty charts natural rubber, the United States has a U.S. participation in INRA III should the way between these two extremes. particularly strong economic interest not require any additional money to The INRA addresses these issues not in assuring stability and adequate sup- cover our share of the buffer stock. It by eliminating market pricing and pro- ply for the future. Natural rubber is an is my understanding the administra- duction, but by restraining some of the essential product for which there is no

VerDate Aug 31 2005 00:20 Jul 01, 2008 Jkt 041999 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S25SE6.REC S25SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S11252 CONGRESSIONAL RECORD — SENATE September 25, 1996 substitute. Seventy-five percent of the ducer nations have already approved national Natural Rubber Agreement world’s rubber production is used in INRA. Our action today will allow this [INRA III]. the manufacture of tires. Every tire beneficial agreement to go into effect. For the last 16 years, INRA has pro- must contain some amount of natural Finally, the administration is not re- vided the consuming nations of the rubber in order to meet required per- questing an appropriation of funds to world with a reliable supply of natural formance and quality specifications. If carry out this agreement. Rather it rubber at stable prices. The United U.S. rubber manufacturing plants can- proposes rolling over the U.S. share of States, as the world’s largest consumer not obtain adequate supplies of natural the buffer stock under the second of natural rubber, has much to gain rubber, jobs will be disrupted and con- agreement to carry out our obligations from the stabilization provided by the sumers will face increased prices. In under the third agreement. This is pre- agreement. Many believe that the tires South Carolina alone, more than 10,000 cisely the course of action taken when and other rubber products U.S. con- workers are employed in the rubber the second INRA agreement was ap- sumers use daily do not need natural manufacturing industry. proved. When the agreement ends, rubber. But that is simply not the case. The administration has proposed these funds will return to the Treas- Natural rubber is, in fact, a critical funding INRA by rolling over the exist- ury. material in the manufacture of most ing U.S. share of the buffer stock. I en- Mr. President, I urge the Senate to rubber products. Aircraft tires used by dorse this proposal. A rollover is spe- support INRA. the U.S. military have a particularly cifically permitted under the terms of Mr. SHELBY. Mr. President, today high percentage of natural rubber and INRA. This was the method used when the Senate is considering ratification it just so happens the world’s largest the second INRA was ratified. Based on of the International Natural Rubber aircraft tire plant is located in historic experience, these funds should Agreement. This agreement will im- Danville, VA. At least a third of the be adequate to meet our obligations pact large sectors of our economy, pri- plant’s production provides aircraft under the third INRA. And these funds marily those for which natural rubber tires to the U.S. military, and this pro- will be returned to the taxpayers when is a vital interest. duction depends on the availability of The first International Natural Rub- the agreement terminates. natural rubber. I urge my colleagues to support the ber Agreement was ratified in 1979 by U.S. consumers and workers also all major rubber producing and con- resolution of ratification. have much to gain from renewal of Mr. HEFLIN. Mr. President, I rise in suming countries. The second agree- INRA. Every one-cent rise in the price support of the resolution of ratification ment was ratified in 1988 and expired in of natural rubber costs the U.S. tire of the third International Natural Rub- December 1995. The purpose of renew- and rubber industry $22 million on an ber Agreement [INRA]. The purpose of ing this agreement is to stabilize the annualized basis. Such cost increases INRA is to assure adequate supplies of price of natural rubber and to guar- will inevitably lead to higher prices for natural rubber by stabilizing natural antee adequate supplies. The agree- consumers and possible shortages and ment accomplishes this through the rubber prices without distorting long- potential job losses. International Natural Rubber Organi- term market trends. It accomplishes On behalf of the nearly 4,000 workers zation which maintains a natural rub- this through the operation of a buffer in Virginia that are employed in the ber buffer stock from which the organi- stock which buys and sells natural rub- tire and rubber industry and for the zation may purchase or sell natural ber whenever the price falls outside of broader economic and defense pre- rubber to help control the volatile a market-based price band. The INRA paredness interests of the United price. benefits both producers and consumers States, I urge the favorable consider- Agricultural growth for natural rub- ation of the International Natural Rub- of natural rubber. ber is limited to a small area around Natural rubber is a critical material ber Agreement. the equator, and it takes 5 to 7 years to In closing, I ask unanimous consent used in virtually every tire and many cultivate this product. Seventy-five that a letter I sent to National Secu- rubber products made in the United percent of the world’s natural rubber is rity Adviser Anthony Lake be printed States. There is no material that can grown in just three countries—Thai- in the RECORD, as well as his return serve as a complete substitute for nat- land, Indonesia, and Malaysia. I gen- reply. ural rubber. The United States is the erally do not favor Government inter- There being no objection, the mate- largest consumer of natural rubber in vention in the marketplace to stabilize rial was ordered to be printed in the the world, and adequate supplies are prices, but failure to ratify this agree- RECORD, as follows: critical to major U.S. manufacturers ment could lead to a few small coun- such as the automotive industry. For U.S. SENATE, tries colluding to fix natural rubber Washington, DC, June 12, 1996. 16 years, the United States has bene- prices. Even small fluctuations in the Hon. W. ANTHONY LAKE, fited substantially from the market price of natural rubber have a signifi- Assistant to the President for National Security stability which resulted from the oper- cant impact on American industry; a Affairs, The White House, Washington, DC. ation of the two previous INRA agree- one-cent increase in the natural rubber DEAR TONY: I wanted to convey my strong ments. Failure to ratify the third price costs industry $22 million. Sharp support for the International Natural Rubber Agreement [INRA], and urge that the Na- INRA is likely to result in price vola- fluctuations in the natural rubber price tility and supply shortages. This in tional Security Council expedite its review will, in turn, impact American con- of the accord and submit it to the Senate for turn will have serious adverse con- sumers heavily. its advice and consent. sequences for workers and consumers Moreover, this program is not drain- The INRA serves an important purpose in across the country and in my own ing the taxpayers’ money; the original ensuring an adequate supply of rubber to State. U.S. contribution was $53 million and U.S. corporations using this product in bulk Alabama is a major producer of tires our share of the organization has in their manufacturing operations. The and other rubber products. Companies grown to $78 million. When the INRA Chairman of Goodyear Tire & Rubber Com- pany, Mr. Stan Gault, visited my office yes- manufacturing these products have in- terminates, these funds will be re- vested an estimated $1.5 billion in their terday to emphasize that very point and ex- turned to the Treasury. plain how important extension of the rubber Alabama facilities. They employ near- The Government should play a mini- pact is to his corporation. Should the pact ly 6,000 workers. The price volatility mal role in regulating or controlling not be renewed, our industrial base would and supply shortages that would follow the price of any commodity. There are face serious production and supply short- if INRA is not ratified would have an rare circumstances where, for the sake ages, and the American consumer would ulti- immediate impact on these workers. of American consumers, it is permis- mately be forced to pay higher prices. And the price effect of short supplies sible for the Government to ensure the The Senate supported renewal of INRA in would soon be felt by consumers. stability of certain commodity prices, 1988 by a wide margin, 97–0, and I believe INRA has the support of the Rubber/ there is a consensus to support extension of and this is one of those circumstances. the pact once again. I hope the White House Plastic Industry Conference of the I urge my colleagues to support this can submit the accord to the Senate in short United Steel Workers of America as agreement. order so that we can move ahead. well as the tire and rubber products in- Mr. ROBB. Mr. President, I rise in Sincerely, dustry. Other major consumer and pro- support of ratification of the Inter- CHARLES S. ROBB.

VerDate Aug 31 2005 00:20 Jul 01, 2008 Jkt 041999 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S25SE6.REC S25SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 25, 1996 CONGRESSIONAL RECORD — SENATE S11253 THE WHITE HOUSE, or to large producers of rubber. Our re- They have alleged that the rubber Washington, DC, July 3, 1996. sponsibilities go to the consumers of agreement will help producing coun- Hon. CHARLES S. ROBB, this country and the citizens of this tries. Madam President, I agree. It will U.S. Senate, country as well. We have had experi- help the producing countries because it Washington, DC. ence in recent years with cartels. When will help them get a better price for DEAR CHUCK: I am writing in response to your letter urging support for renewal of the we have a limited number of producers, their product. International Natural Rubber Agreement and they organize and they work to- They have alleged that the rubber (INRA). I fully agree with you on the impor- gether to control prices, we have seen agreement will help the tire companies tance of providing adequate natural rubber what happened. and the rubber processors in this coun- supplies, at reasonable prices, for U.S. manu- The lessons of the 1970’s in dealing try. And, yes, I agree, it will help facturers to ensure U.S. consumers pay rea- with the oil cartel was a dramatic re- them. sonable prices for rubber-related products. minder to the Americans of what hap- I am pleased to report that on June 19, pens when competition is reduced. The It will bail out rubber producers by President Clinton transmitted the INRA to oil cartel was an association of oil-pro- protecting them against lower prices, the Senate for advice and consent. The new because, you see, the way the agree- agreement incorporates improvements ducing companies that conspired to- gether to dramatically increase oil ment is set up is, we put up the money sought by the United States to help ensure with other countries, and when prices that the INRA fully reflects market trends prices; and they did it. It had a dra- and is operated in an effective and finan- matic and shocking impact on the con- get lower or are attempted to be cially sound manner. We believe that re- sumers of America, and, as a matter of dropped, the association will step in newal of the agreement will provide the fact, the economy of the entire world. and buy rubber at a low price. That transition period necessary for the industry We have a number of other examples does help the producers. It will help the to prepare for a free, open market in natural where countries have talked about de- tire companies. They have a huge in- rubber. veloping cartels. Thankfully, they have vestment in inventory. That invest- We appreciate your interest in this impor- ment in inventory is at risk because it tant matter. been resisted. As a matter of fact, the Sincerely, distinguished chairman of the Foreign can drop. By stabilizing the price, ANTHONY LAKE, Relations Committee is one who has keeping it from getting too low by buy- Assistant to the President For National been a key fighter in the effort to ing up inventory when there is a big Security Affairs. eliminate many of these cartels. I supply, it will help those tire compa- The PRESIDING OFFICER (Mrs. think Members and American citizens nies from ever suffering a loss on that will be surprised to learn that many of FRAHM). Who yields time? inventory or at least some of the dan- Mr. BROWN addressed the Chair. these cartels’ efforts to control the gerous suffered loss on that inventory. The PRESIDING OFFICER. The Sen- market had the blessing of the Federal It will also protect them against ator from Colorado is recognized. Government. competition because when they are out Mr. BROWN. Madam President, I The coffee association. Ironically, there trying to maintain a high price, yield myself 20 minutes. this country produces very little cof- and the price of rubber falls, someone Madam President, the advocates of fee, but we have been a member of else can come in and produce the prod- this treaty have come to the floor with what was an attempt to develop a cof- uct and undersell them in the market. fee cartel. One can understand why the the suggestion that this measure has So I agree, it is in the interest of the producing country would want a coffee been considered and approved by large big rubber companies to maintain a re- agreement that would limit competi- margins in the past. That assertion is striction on competition, as this agree- tion of their product, but why in the correct. It has been. They have come ment implies. with the assertion and the implication world would the United States want to be a member of it? We import coffee. But, Madam President, it is also true that the American companies that buy The distinguished chairman of the that America is the biggest consumer. rubber products support this agree- committee played a key role in helping It is in our interest to have low prices, ment. Madam President, I believe that us eliminate the coffee cartel. Imagine not high prices for rubber. How in the assertion is largely correct as well. taking American taxpayers’ money to world do you justify taking taxpayers’ They have come to the floor with the participate in a cartel that had the im- money—in this case $78 million of assertion that this measure has broad pact of boosting the price Americans money—to be used to guarantee that support of rubber producers. And I be- have to pay for coffee. prices do not get too low? lieve that assertion is correct as well. When that agreement was proposed They have come to the floor and sug- Are we standing up for the American by administrations—and it had been taxpayer when you do that? I do not gested that, implied that the labor or- proposed by administrations in the ganizations that work for the big rub- think anyone can seriously suggest we past—it was not the American tax- are. Yes, I talked to some Members ber companies may support this agree- payer they were looking out for. They ment. Madam President, I believe that who tell me with great earnestness were responding to the special interest that if we do not have this agreement, assertion as well is correct. groups that had found a way to limit This country has had experience with if we do not guarantee the producers competition. I do not condemn people against the possibilities of low prices, cartels. It is not new. It is as old as for looking out for their own economic commerce is itself. It is perhaps a most that maybe nobody will produce rubber interest, but I do think it is wrong for at all. Madam President, if they be- natural inclination that could come American legislators to think that about. One who reads Warren Buffett’s lieve that—and I believe many of them their responsibility goes only to re- who said that are sincere; I do not books, in terms of investing, is quickly spond to those special interests. impressed with his understanding of This Congress in the last few years count the chairman of the committee the market. And one of the things he has played a key role in eliminating in that group—but there are Members looks for is markets where there is not some of these cartels or efforts to limit who do believe that the market system competition or there is reduced com- competition. International organiza- would not work without Government petition, where it is possible for the in- tions designed to help control, manipu- controls and without Government as- dustry to have a greater margin be- late the price of coffee or jute or other sistance and that indeed people might cause of the limited competition—or products that we import have fallen by go out of business in producing rubber the franchise, as he refers to it. the wayside, and great progress has and we would not have any rubber at The simple fact is, if you have a very been made when we focus on them. all if we did not have Government in- competitive commodity market, mar- Now what comes to the floor is an terference. And if they believe that, gins, that is, profits, tend to be less agreement on rubber. Madam Presi- they will want to support this agree- than they are if it is a somewhat pro- dent, some facts are painfully clear. ment. tected market. It is natural and under- One, the United States does not But, Madam President, the history of standable that businesses and entre- produce rubber. We are an importer. economics is quite clear. When the eco- preneurs would seek to limit competi- We are a consumer of rubber. Is rubber nomic system provides rewards and a tion, would seek to minimize risk. important? It has been alleged so. The good price, people want to produce it That is human nature. And it is a way answer by the advocates of this treaty because they want to make money. to maximize profits. is yes. Madam President, I agree com- And when it does not, they drop pro- Madam President, I think our respon- pletely. Of course natural rubber is im- duction and cut back. And that respon- sibilities go further than simply re- portant, important in the world econ- siveness is what makes the market sys- sponding to big labor or to big business omy and important in our economy. tem work. And the reality is, that

VerDate Aug 31 2005 00:20 Jul 01, 2008 Jkt 041999 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S25SE6.REC S25SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S11254 CONGRESSIONAL RECORD — SENATE September 25, 1996 product after product after product President, if you are concerned about sonable price’’ (determined by the organiza- that is produced in the American mar- the taxpayers of this country, you will tion)? ketplace responds to market incen- have some misgivings about taking $78 (e) To take feasible steps to mitigate mem- tives, and that far from going out of million of our taxpayers’ money and bers’ economic difficulties in case of a com- business, this will make it more giving it in subsidies or putting it out modity surplus or shortage? healthy if we eliminate the agreement. in subsidies for these big producers. (f) To expand international trade in, and Madam President, I hope as Members This is a vote that people should market access for, products derived from the vote they will ask themselves some have no doubt about because the sides commodity? questions. Will producers not produce are very clear. Big labor, big business, (g) To improve the overall competitiveness without Government subsidies? The ad- lobbyists for importers, all favor the of a commodity by supporting research and vocates of the treaty will tell you yes. treaty; people who are concerned about development of commodity-related products? the taxpayers of this country and I think the facts are quite clear, in the (h) To facilitate the efficient development industries across our land, production about the consumers of this country of a commodity by improving its processing is not dependent on Government sub- will want to vote against the treaty. and distribution? sidies. It is a function of the market- I was concerned particularly about the lesson it sends and the message it (f) To promote international cooperation place and marketplace incentives. Will and consultations regarding commodity sup- tire producers not process tires with- sends with regard to our economy. If ply and demand and to coordinate com- out Government subsidies? there is one hallmark of the American modity research? The advocates of this agreement, economy, it has been a concern about the concentration of power and a com- (3) Under United States antitrust law, can some of them, will tell you yes, that an organization of producers and purchasers there is a danger of people not pro- mitment to a competitive economy. of a particular commodity set a reference ducing tires in America—or, for that Our very existence of the antitrust price which establishes a permissible price matter, around the world—to meet the laws comes out of an experience when range for that commodity? you had cartels and restrictions on market demand unless we have a Gov- (4) If members of an organization of pro- ernment program to subsidize them competition. The Sherman Antitrust ducers and purchasers of a particular com- and stabilize them. Those who believe Act and the Clayton Act and other modity were to contribute substantial funds that will want to support this agree- measures that have come forth in this to establish a large buffer stock of that com- ment. area have focused on our efforts to en- modity to enable the organization to inter- Madam President, the facts belie sure we continue to have price com- vene in the market to stabilize the supply of that allegation. The fact is that a petition in products just such as rub- that commodity and to defend the organiza- tion’s reference price, would that violate strong, healthy, vibrant economy ber. United States law? thrives on competition and is stifled by In that effort, I sent an inquiry to Government controls and Government the Congressional Research Service, (a) Specifically, would it be permissible subsidy programs. Will buying up rub- the American Law Division. Madam under United States law for an organization President, I ask unanimous consent to of producers and purchasers of a particular ber supplies lower the price? Here is an commodity to establish a buffer stock? interesting question. Will buying up have their entire response to my letter, the supplies of rubber, when there is a along with my letter, printed in the (b) Specifically, would it be permissible surplus on the market, increase price RECORD. under United States law for an organization of producers and purchasers of a particular or lower price? There being no objection, the mate- rial was ordered to be printed in the commodity to use the buffer stock to inter- The advocates of this treaty have vene and regulate the market? come to the floor and said this agree- RECORD, as follows: ment will help give us lower prices. If U.S. SENATE, (5) Under United States law, can an organi- zation of producers and purchasers of a par- you believe that buying a product in Washington, DC, July 11, 1996. Hon. JANET RENO, ticular commodity defend its reference the marketplace will lower its price, Attorney General of the United States, Depart- price—support its minimum price—by buy- then you will want to support this ment of Justice, Washington, DC. ing any market surplus of that commodity treaty. Madam President, anybody who DEAR MADAM ATTORNEY GENERAL: Your an- that causes the commodity price to drop 15% believes that ought to take Economics swers to the questions below concerning the below the organization’s reference price? application of United States antitrust law 101 or simply use common sense. Buy- (6) Under United States law, can an organi- and practice to an organization’s business ing the product props up the price. zation of producers and purchasers of a par- practices would be greatly appreciated. ticular commodity sell some of its buffer That is why the producing countries (1) Under United States antitrust law, is it stock to cover a commodity shortage? are interested in this agreement. They permissible for 26 competing producers and want higher prices. That is why they purchasers of a particular commodity to (7) Under United States law, whenever the fought so hard for this. form a single organization for the purpose of commodity price is 15% above the reference This treaty is simple logic. This trea- regulating their business interests or activi- price, can an organization of producers and ty is a simple question: If you want to ties? purchasers of a particular commodity sell be responsive to the big rubber compa- (a) Would the fact that three of the pro- some of its buffer stock to decrease the mar- nies who want to stabilize their prod- ducers provide 92% of the commodity affect ket price? your answer to question 1? (a) If the answer to question 7 is no, please uct and avoid risk with their inven- (b) Would the fact that three of the pur- discuss fully what aspects of United States tory, you will want to vote for it; if chasers buy 77% of the commodity affect law are violated by the organization’s behav- you want to please big labor who works your answer to either question 1 or 1a? for those companies and is concerned (2) Under United States antitrust law, can ior in question 7? about the potential of outside competi- an organization of producers and purchasers (8) Under United States law, is it permis- tion in their marketplace, you will be formed for any of the following expressed sible for an organization of producers and want to support the treaty; if you want purposes: purchasers of a particular commodity to de- (a) To achieve a balanced growth between cide what grades of that commodity are eli- to help out the producers of rubber, the supply and the demand for a commodity gible to be included in its buffer stock? who are all overseas, you will want to in order to alleviate difficulties arising from (9) Under United States law, may an orga- support the treaty. shortages or surpluses of that commodity? nization of producers and purchasers of a But, Madam President, if you are (b) To stabilize a commodity price in order particular commodity penalize members for to avoid excessive price fluctuations that concerned about competition in our failing to meet their obligations to con- might adversely affect the long-term inter- economy, you will be concerned about tribute to the buffer stock by suspending ests of both producers and purchasers? a treaty that reduces competition; if their voting privileges in that organization? you are concerned about consumers in (c) To stabilize the earnings of the pro- ducers of a commodity and to increase their (10) Under United States law, is it permis- America, you will want to be concerned earnings based on expanding the commodity sible for an organization of producers and about a treaty that guarantees they supply at fair and remunerative prices? purchasers of a particular commodity to con- will not have low prices, because that (d) To ensure an adequate supply of a com- duct an annual financial audit of its activi- is the purpose of this measure. Madam modity to meet purchasers’ needs at a ‘‘rea- ties?

VerDate Aug 31 2005 00:20 Jul 01, 2008 Jkt 041999 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S25SE6.REC S25SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 25, 1996 CONGRESSIONAL RECORD — SENATE S11255 (a) Would the behavior in question 10 tend the antitrust laws are concerned with com- crease when they are 10% above the ref- to suggest anticompetitive practices? Please petition and not competitors, they are not erence price) have been addressed by the explain. generally invoked to challenge the existence Court in, e.g., United States v. Socony-Vacuum (11) Under United States law, is it permis- of organizations, only organizational behav- Oil Co.7 In that case, the Court declared un- sible for an organization of producers and ior or activities which may disadvantage lawful a program pursuant to which gasoline purchasers of a particular commodity to re- consumers (i.e., the ‘‘market’’). (For the companies effectively placed a ‘‘floor’’ under quire all its members to accept as binding its same reasons, an organization such as the prices by purchasing surplus gasoline on the decisions regarding the market for that par- one posited in Question 2 (one formed for the spot market. Noting that the program was ticular commodity? purpose of carrying out the specific purposes instituted in order to prevent gasoline gaso- (12) Under United States law, is it permis- set out in Questions 2a–2i), would not likely line price from dropping sharply, the Court sible for an organization of producers and offend any of United States antitrust laws, stated that even if the agreeing companies purchasers of a particular commodity to although, as we discuss below, and the en- ‘‘were in no position to control the market, have its members formally agree not to limit closed article illustrates, the actual carrying to the extent that they raised, lowered, or or undermine in any way the organization’s out of some of them may constitute viola- stabilized prices they would be directly decisions concerning that commodity? tions of those laws.) 2 interfering with the free play of market (13) Under United States law, can an orga- Market share data is most generally used forces’’: nization of producers and purchasers of a with respect to the likely consequences of a ‘‘[U]nder the Sherman Act a combination particular commodity limit the potential li- merger or acquisition, i.e., with whether the formed for the purpose and with the effect of ability of each of its members for the organi- ‘‘effect of [the transaction] may be substan- raising, depressing, fixing, pegging, or stabi- zation’s activities to the amount each mem- tially to lessen competition, or to tend to lizing the price of a commodity in interstate ber contributes to the administration of that create a monopoly.’’ 3 Accordingly, the infor- or foreign commerce is illegal per se.’’8 organization and to the creation of a buffer mation contained in Questions 1a and 1b As the enclosed article notes, the Court stock? (three producers in the proposed organiza- has also taken the position that per se price (14) Before supporting the development of a tion supply 92% of the commodity in ques- fixing occurs even when the agreement at- more efficient supply of a particular com- tion; three purchasers in the proposed orga- tempts to decrease a commodity’s price (the modity, is it permissible under United States nization buy 77% of the commodity) would situation described in Question 7): law for an organization of producers and pur- not likely affect the lawfulness of the forma- ‘‘The respondent’s [competing physicians chasers of that particular commodity to con- tion or existence of an organization or asso- who agreed to limit fees charged to certain sider the development’s financial implica- ciation. Those market-share numbers could, patients] principal argument is that the per however, be determinative of the lawfulness tions to all of its producers and purchasers? se rule is inapplicable because their agree- of several of the activities described in your (15) Under United States law, is it permis- ments are alleged to have procompetitive subsequent questions. Because the use of sible for an organization of producers and justifications. The argument indicates a mis- market power has the potential to harm con- purchasers of a particular commodity to en- understanding of the per se concept. The sumers, it has been suggested that the mar- courage and facilitate ‘‘reasonable freight anticompetitive potential inherent in all ket power of the participants in an organiza- rates’’ as determined by that organization price-fixing agreements justifies their facial tion may be an appropriate starting point in for the purpose of providing a more efficient invalidation even if procompetitive justifica- an antitrust analysis of the organization’s and regular supply of the commodity? tions are offered for some.’’9 I thank you in advance for your assistance actions: an examination of an agreement among competitors, for example, should Question 9 (re whether an organization of and consideration of this matter. producers and purchasers of a particular Sincerely, focus on determining whether the agree- ment’s (organization’s) provisions ‘‘enrich commodity may ‘‘penalize members for fail- HANK BROWN, ing to meet their obligations to contribute U.S. Senator. the participants by harming consumers’’ (i.e., ‘‘whether the participants have an in- to the buffer stock by suspending their vot- centive to behave in anticompetitive ing privileges’’) is one of the few to which CONGRESSIONAL RESEARCH SERVICE, ways’’).4 the answer is ‘‘Probably yes’’ if the organiza- THE LIBRARY OF CONGRESS, Using such a test, and assuming the mar- tion rule violated is not one found likely to Washington, DC, July 24, 1996. 10 ket-share numbers you offer in Questions 1a have an anticompetitive effect. Suspension To: Senate Committee on the Judiciary, Sub- and 1b, agreements or by-laws expressing the of organization voting privileges probably committee on Constitution, Federalism, and 11 purposes you set out in Questions 2a–2i, any does not violate the antitrust laws, and is Property Rights, Attention: Jack Saul concerning the establishment or use of ‘‘buff- certainly not likely to considered as a per se From: American Law Division 12 er stocks,’’ as well as any that spell out a violation of them. On the other hand, any Subject: Partial Answers to Some Questions participant’s obligation to act in accordance organization rule directed at maintenance of About the Antitrust Implications of Forms/ with organization-designated rules designed a ‘‘buffer stock’’ is, as noted above, likely Activities of Certain Business Organizations to maintain a stable market price for the subject to antitrust scrutiny; further, a find- You have requested that we provide you commodity at issue, would be ideal can- ing that full access to the organization was with answers to several hypothetical ques- didates for close antitrust scrutiny. In addi- necessary in order for the denied member to tions concerning some activities of business tion, use of ‘‘buffer stocks’’ to influence or effectively compete in the market could also organizations or associations. As we indi- stabilize prices, as would any agreement or affect the antitrust lawfulness of a suspen- cated in a conservation with your office, action directly or indirectly affecting price, sion of voting rights. however, many or most of the questions you would constitute price fixing under Section 1 An annual financial audit of an organiza- have submitted cannot be answered defini- of the Sherman Act (15 U.S.C. § 1). Notwith- tion’s activities (Question 10) would probably tively by us; we will attempt, therefore, to standing its decision in Broadcast Music, Inc. not present an antitrust problem so long as set out some of the considerations which v. Columbia Broadcasting System that seems the audit were conducted in a manner that would be relevant to decisions by (1) the to suggest a tolerate for at least some agree- would not permit organization members to Antitrust Division of the Department of Jus- ments that technically fix prices,5 the Su- achieve any competitive advantage over tice to investigate or prosecute an activity, preme Court has stated innumerable times other members: an audit conducted by a or (2) a court hearing a complaint (Govern- that third party, and in which any reported data ment or private), and which require us to an- ‘‘The aim and result of every price-fixing were aggregated so as not to indicate the swer most of the questions with either ‘‘it agreements, if effective, is the elimination of source of any particular information would depends’’ or ‘‘probably not.’’ A small number one form of competition. The power to fix probably pass antitrust muster (Question of your questions can be answered with prob- prices, whether reasonably exercised or not, 10a). 1 able ‘‘Okays.’’ involves power to control the market and to We do not know of any antitrust reason Your first question—‘‘Under United States fix arbitrary and unreasonable prices. The that an organization would be required to antitrust law, is it permissible for 26 com- reasonable price fixed today may through support an activity/development it consid- peting producers and purchasers of a par- economic and business changes become the ered not to be in its best interests; accord- ticular commodity to form a single organiza- unreasonable price of tomorrow. Once estab- ingly, there would not seem to be any anti- tion for the purpose of regulating their busi- lished, it may be maintained unchanged be- trust reason that would prevent an organiza- ness activities?’’—is the basis for all those cause of the absence of competition secured tion from ‘‘consider[ing]’’ the ‘‘financial im- which follow. Certainly the act of forming an by the agreement for a price reasonable plications to all of its producers and pur- organization comprised of members with like when fixed.’’6 chasers’’ of the ‘‘development of a more effi- interests is neither unheard of nor automati- Situations similar to those described in cient supply of a particular commodity’’ cally (per se) unlawful; that is precisely the questions 4b (use of ‘‘buffer stock’’ to ‘‘inter- (Question 14). rationale for the formation of trade associa- vene and regulate the market’’), 5 (use of a Depending upon what is meant by ‘‘encour- tions or other cooperative activity among ‘‘reference price’’ and ‘‘buying any market aging’’ and ‘‘facilitating’’ ‘‘reasonable competitors that is meant to enhance their surplus * * * that causes the commodity freight rates,’’ such an activity could subject business or professional positions. Because price to drop 15% below the organization’s an organization of producers and purchasers reference price’’), and 7 (sale of some of of the commodity to be shipped to antitrust 1 Footnotes to appear at end of article. ‘‘buffer stock’’ to cause market prices to de- sanctions. If, for example, ‘‘encouragement’’

VerDate Aug 31 2005 00:20 Jul 01, 2008 Jkt 041999 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S25SE6.REC S25SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S11256 CONGRESSIONAL RECORD — SENATE September 25, 1996 and ‘‘facilitation’’ translated to an organiza- 13 See note 11 discussion of Fashion Originators’ the American consumers ought to tion-sponsored or -enforced boycott of ship- opinion. think about that, because there is real pers whose rates the organization did not 14 See enclosed material copied from ABA Anti- trust Law Developments (full citation in note 10). indication here that what we are about consider ‘‘reasonable,’’ the organization to do would violate the antitrust laws could be considered as a combination in re- Mr. BROWN. Madam President, the straint of trade in violation of Section 1 of first question—and I will read a portion if it were considered on its own merit the Sherman Act;13 endorsement or encour- of their answer because I think it is without the blessings of the U.S. Sen- agement or sponsorship of various pricing quite relevant to this question of this ate in the treaty format. schemes in which freight costs are included treaty’s impact on reducing competi- They go on to quote from the Broad- in the price paid by buyers, on the other tion. The question is, under the U.S. cast Music versus Columbia Broad- hand, have received varying treatment by antitrust law, is it permissible for 26 casting decision by the Supreme Court. 14 the courts. competing producers and purchasers of I will quote their passage that they JANICE E. RUBIN, have selected from the Supreme Court Legislative Attorney. a particular commodity to form a sin- gle organization for the purpose of reg- decision: FOOTNOTES ulating their business activities? The aim and result of every price-fixing 1 We are also supplementing this memorandum agreement, if effective, is the elimination of with a copy of an article, ‘‘The Future of Horizontal That was an effort to sum up in a one form of competition. The power to fix Restraints Analysis,’’ by James T. Halverson, re- question what this rubber treaty, this prices, whether reasonably exercised or not, printed in Collaborations Among Competitors: Anti- rubber agreement, is designed for. The involves power to control the market and to trust Policy and Economics, Fox and Halverson, American Law Division, I thought, fix arbitrary and unreasonable prices. The eds., Section of Antitrust Law, American Bar Asso- ciation, 1991, at 659–674. The article discusses at would have a good handle on what U.S. reasonable price fix today may through eco- length virtually all of the cases mentioned in our law is, and if this happened outside of nomic and business changes become the un- July 22 conversation with your office. the support of the U.S. Senate in the reasonable price of tomorrow. Once estab- 2 ‘‘The law of horizontal restraints has undergone lished, it may be maintained unchanged be- considerable change in recent years. Starting with treaty arrangement, would this agree- cause of the absence of competition secured the Supreme Court’s decision in Broadcast Music, ment be legal under antitrust laws? Is by the agreement for a price reasonable Inc. v. Columbia Broadcasting System, 441 U.S. 1 (1979), what we are about to approve some- when fixed. the courts have become increasingly reluctant to thing that is legal under the antitrust apply a strict rule of per se illegality predicated on Madam President, I am under no illu- particular characterizations of conduct at issue. In- laws? Or are we, by approving this sions that this treaty will be ratified stead, the courts have been more willing to explore treaty, making something that is ille- today. I am cheered by recent progress, the economic effects of collaborative conduct be- gal permissible? though, of eliminating some of these tween and among competitors under the rule of rea- son approach. The retreat from the per se rule has Their answer will be in depth in the international cartels, and I am cheered led to the development of new legal rules for ana- RECORD, but I want to quote briefly greatly by the distinguished chairman lyzing horizontal restraints and of more sophisti- from their response because I think it of the committee and a commitment cated microeconomic models to guide the applica- is direct and to the point. This is from that this will be the last time this kind tion of those rules.’’ Collaborations Among Competi- tors (note 1) at 655. the American Law Division of the Con- of measure comes before the U.S. Sen- 3 15 U.S.C. § 18 (Section 7 of the Clayton Act). See gressional Research Service: ate with regard to rubber. His plea for also the Horizontal Merger Guidelines promulgated Because the use of market power has the a phaseout period is a reasonable and jointly by the Department of Justice and the Fed- eral Trade Commission on April 2, 1992 (reprinted in potential to harm consumers, it has been thoughtful argument. I appreciate the a Special Supplement to 62 Antitrust & Trade Regu- suggested that the market power of the par- great support he has given to American lation Report (April 2, 1992)). ticipants in an organization may be an ap- consumers as he has dealt with this 4 Collaborations Among Competitions (note 1) at propriate starting point in an antitrust anal- issue in the past. 801. ysis of the organization’s actions: an exam- Madam President, as Members con- 5 441 U.S. 1 (1979). ination of an agreement among competitors, 6 sider this issue, I hope very much they United States v. Trenton Potteries, Co., 273 U.S. for example, should focus on determining 392, 397 (1927). will ask themselves if they are com- whether the agreement’s [that is, the organi- 7 310 U.S. 150 (1940). fortable in taking $78 million of tax- 8 zation’s] provisions ‘‘enrich the participants Id. at 221, 223 (emphasis added). payers’ money to be used to stabilize 9 Arizona v. Maricopa Medical Society, 457 U.S. 332, by harming consumers’’ (i.e., ‘‘whether the 351 (1982). participants have an incentive to behave in prices. 10 ‘‘[T]he courts have long recognized that every anticompetitive ways’’). The PRESIDING OFFICER. The Sen- association must have some type of limiting rules, Using such a test, and assuming the mar- ator has used 20 minutes. criteria, or disciplinary procedures which, when in- ket-share numbers you offer in Questions 1a Mr. BROWN. I yield myself an addi- voked, restrain trade at least incidentally. In deter- mining whether such rules...constitute unlawful and 1b, agreements or by-laws expressing the tional 5 minutes. horizontal concerted refusals to deal, courts typi- purpose you set out in Questions 2a–2i, any The PRESIDING OFFICER. The Sen- cally have examined whether the collective action is concerning the establishment or use of ‘‘buff- ator is recognized. intended to accomplish a goal justifying self-regula- er stocks,’’ as well as any that spell out in Mr. BROWN. Madam President, I tion and, if go, whether the action is reasonable re- participant’s obligation to act in accordance hope they will ask themselves if they lated to the goal. It also has been considered signifi- with organization-designated rules designed are comfortable taking $78 million of cant that the members actually making the decision to maintain a stable market price for the to exclude were not economic competitors of the ex- taxpayers’ money to help out the big cluded party.’’ ABA Antitrust Section, Antitrust commodity at issue, would be ideal can- didates for close antitrust scrutiny. tire companies and the other special Law Developments (3d ed. 1992) at 86–87 (citations interests that will benefit by this. I omitted). Madam President, in other words, the 11 hope they will ask themselves if they But see, Fashion Originators’ Guild of America, agreement we are considering today Inc. v. Federal Trade Commission, 312 U.S. 457 (1941), are comfortable in passing or ratifying affirming a Commission cease and desist order pur- would be an ideal candidate for close something that appears to violate our suant to which the Guild was prohibited from car- antitrust scrutiny. very antitrust laws, if they hadn’t put rying out its plan to penalize (via a boycott of them) If Members have a doubt about how Guild members (textile and garment manufacturers) it in the form of a treaty. I hope they who sold to retailers who sold ‘‘style-pirated’’ gar- to vote, they ought to be concerned will ask themselves whether or not ments: ‘‘In addition to [violating the edicts of the that the very kind of agreement we are they are comfortable in telling con- Sherman and Clayton Acts concerning concerted re- putting forth here would be a candidate sumers that we are going to protect fusals to deal, and ‘‘narrowing the outlets’’ to which for close antitrust scrutiny. Those are garment manufacturers may sell and from which re- them against lower prices. tailers may buy, and requires each manufacturer to my words which I have interjected. Madam President, this agreement is ‘‘reveal to the Guild the intimate details of their in- Continuing: an embodiment of special interests. dividual affairs’’], the combination is in reality an In addition, use of ‘‘buffer stocks’’ to influ- There isn’t anybody lobbying against extra-governmental agency, which prescribes rules for the regulation and restraint of interstate com- ence or stabilize prices, as would any agree- the treaty. There have been tire com- merce, and provides extra-judicial tribunals for de- ment or action directly or indirectly affect- panies lobbying on the hill for it. There termination and punishment of violations, and thus ing price, would constitute price fixing under have been people interested in higher ‘trenches upon the power of the national legisla- Section 1 the Sherman Antitrust Act. ture’’. 312 U.S. at 465 (citations omitted). prices for rubber lobbying for it. There 12 Northwest Wholesale Stationers Inc. v. Pacific Let me repeat that, Madam Presi- have been representatives of corpora- Stationery & Printing Co., 472 U.S. (1985). There, the dent: ‘‘* * * would constitute price fix- tions and labor on the hill lobbying for Court refused to find a per se antitrust violation in ing under Section 1 of the Sherman it. the expulsion from membership of a member that Antitrust Act.’’ Madam President, there hasn’t been had refused to abide by the rule of the subject orga- nization (a buying cooperative). The case is dis- Anybody who votes on this treaty anybody lobbying against it. The tax- cussed is the enclosed article, at page 666. who thinks they are stocking up for payers don’t really have a lobby. The

VerDate Aug 31 2005 00:20 Jul 01, 2008 Jkt 041999 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S25SE6.REC S25SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 25, 1996 CONGRESSIONAL RECORD — SENATE S11257 consumers don’t really have a lobby. the consumers who purchase the prod- our consumers. My sense is that re- No one pays people to come up here ucts we produce.’’ If the United States turning money to the Treasury, lower and speak for them—except one group. fails to ratify this treaty by the end of prices for consumers, increased com- You see, the people who sent us here this year, it could mean the end of an petition in the marketplace are good believed and thought that it was our agreement which has served to the ben- things, and that saying no to the spe- obligation to stand up for them. I efit of the United States and the world cial interests is appropriate as well. So think most of them would be surprised for the last 16 years. at least in this Senator’s judgment, we to know that sometimes when they Mr. President, during the course of have a responsibility to vote against don’t have a lobbyist, that voice goes my service in the Senate I have risen the treaty. unheard. many times in support of treaties that I retain the balance of my time. Madam President, this agreement is have come under attack. There are cur- The PRESIDING OFFICER. Who wrong. It is wrong because it is anti- rently a number of extremely impor- seeks recognition? competitive. It is wrong because it is a tant treaties pending before the Senate Mr. PELL. How much time remains? response to the special interests. It is that I deeply regret have not been The PRESIDING OFFICER. There wrong because it is a misallocation of taken up during this session. The are 5 minutes 30 seconds. taxpayers’ money. And it is wrong be- Chemical Weapons Convention is only Mr. PELL. I am happy to yield that cause it sets the bad example for what the most recent example, but several back. a competitive economy is all about. At other agreements such as the U.N. Con- The PRESIDING OFFICER. The Sen- a point in our world’s history when the vention on the Law of the Sea, the ator from Colorado. rest of the world is waking up to the Convention on Biological Diversity, Mr. BROWN. I yield back all time as advantages of free enterprise and com- and the Convention on the Elimination well. The PRESIDING OFFICER. The petition, it is a shame to see the of All Forms of Discrimination Against question is on agreeing to the resolu- United States consider and enact this Women, should also be taken up at the tion of ratification. kind of anticompetitive agreement. earliest opportunity. I welcome the Mr. PELL. Madam President, I ask Madam President, I yield the floor chance to consider the International for consideration of the resolution be- and retain the balance of my time. Natural Rubber Agreement today, and The PRESIDING OFFICER. Who fore the Senate by a division vote. I urge that it be followed expeditiously The PRESIDING OFFICER. A divi- seeks recognition. by the other treaties I have mentioned. sion is requested. Senators in favor of Mr. PELL. Madam President, how In closing, let me say that a failure the resolution of ratification will rise much time do I have? to approve this treaty now would be a and stand until counted. (After a The PRESIDING OFFICER. The Sen- great mistake. The objections that pause.) Those opposed will rise and ator has 8 minutes 47 seconds. have been raised are not borne out by Mr. PELL. Mr. President, I rise to ex- stand until counted. our experience with this agreement, On a division, two-thirds of the Sen- press my strong support for the third and I urge my colleagues to join me in International Natural Rubber Agree- ators present and voting having voted giving their advice and consent to its in the affirmative, the resolution of ment, which was reported favorably by ratification. the Foreign Relations Committee 3 ratification is agreed to. I yield the floor. Mr. BYRD. Madam President, is the months ago. After holding a hearing on The PRESIDING OFFICER. Who Senate in executive or legislative ses- this important measure, our com- seeks recognition? sion? mittee agreed that it would clearly Mr. BROWN. Madam President, my The PRESIDING OFFICER. It is in serve the interests of the United States distinguished friend from Rhode Island executive session. and ordered it reported favorably on a has summarized the case well, and, as Mr. BYRD. Madam President, I ask voice vote. is always the case, he is a very accu- unanimous consent that the President I believe that the Natural Rubber rate describer of events and facts. In be notified of the approval of the trea- Agreement is a clear example of the this case, I find myself coming to an ty. way in which both producing and con- opposite conclusion. But I continue to The PRESIDING OFFICER. Without suming nations of a major natural re- admire his commitment to a sound objection, it is so ordered. source can work together to ensure presentation. adequate supply and stable prices. Its Madam President, I want to indicate f primary purposes are to encourage in- that I think he is right that both LEGISLATIVE SESSION vestment in rubber production in order Democratic and Republican adminis- Mr. BYRD. Madam President, I ask to assure adequacy of supply, and to trations in the past have supported the unanimous consent that the Senate re- set up a mechanism to prevent exces- agreement. I indicate that he is right. turn to legislative session. sive volatility in prices. These func- I think both the large corporations and The PRESIDING OFFICER. Without tions are particularly important be- the unions—at least it is my informa- objection, it is so ordered. cause the United States is the largest tion—support the agreement. But, Mr. BYRD. Madam President, I ask importer of natural rubber, while just Madam President, I want to invite the unanimous consent to proceed out of three countries—Thailand, Indonesia, Members’ attention to what happens if order. and Malaysia—control 75 percent of the this agreement is not ratified, the spec- The PRESIDING OFFICER. Without world’s production. Without a mecha- ter that the distinguished Senator has objection, it is so ordered. nism like the INRA, U.S. tire and rub- raised. What happens? If the agreement f ber manufacturers as well as con- is not ratified, $78 million goes back in sumers would be more vulnerable to the Treasury that would be used to SENATOR CLAIBORNE PELL cartel-like behavior that raises prices prop up prices of natural rubber. In Mr. BYRD. Madam President, at the and creates uncertainty of supply. other words, the taxpayers of this end of this session of Congress, one of U.S. participation in INRA has been country get a $78 million break. the Senate’s longest-serving Members supported by four successive adminis- Second, if this agreement is not rati- will be retiring. Senator CLAIBORNE trations, Democratic and Republican fied, we will have lower prices for rub- PELL’s sterling 35-year record—actu- alike, and has received the advice and ber than we would if the agreement is ally it is 36 years this year—of dedi- consent of the Senate on two previous ratified. cated service to the people of Rhode Is- occasions. The original agreement was Third, if the agreement is not rati- land and the United States began in adopted in 1980 by a vote of 90 to 1, and fied, we will have greater competition 1960, when he was elected to the first of the first extension in 1988 was approved in the marketplace. his six terms. He is the third longest- unanimously, by a vote of 97 to 0. The Finally, I think if the agreement is serving Member of today’s Senate, United Steelworkers of America has not ratified, we will have set an exam- after only Senator THURMOND and my- called ratification of this treaty ‘‘a ple that this country is serious about self. Yet Senator PELL’s service to the matter of critical importance to our competition and its antitrust laws, and United States and to his own strong union, its members and families—and we will have renewed a commitment to principles began even earlier.

VerDate Aug 31 2005 00:20 Jul 01, 2008 Jkt 041999 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S25SE6.REC S25SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S11258 CONGRESSIONAL RECORD — SENATE September 25, 1996 Senator PELL’s life has continued a sponsor of the legislation that created well-educated man. He has served just- long and honorable family tradition of these entities in 1965. ly, skillfully, and magnanimously as a service. His father, Herbert Claiborne As chairman of the Senate Com- human rights activist, soldier, dip- Pell, was a Congressman and a Demo- mittee on Foreign Relations, Senator lomat, businessman, and legislator. He cratic State chairman before serving as PELL has been influential in securing has done so all of his life, as a private U.S. Minister to Portugal and Hungary. the passage of major arms control trea- citizen and as an elected official. In Other Pell family ancestors include ties, including the Intermediate Nu- doing so, he has educated and informed five Members of the Senate or House of clear Forces Treaty that reduced the all of us by his example. Representatives, one of whom, George nuclear arsenals of the Soviet Union Senator PELL has never let his pas- M. Dallas, also served as Vice Presi- and the United States, a treaty to pro- sions override his reason or his cour- dent of the United States from 1845 to hibit the deployment of weapons of tesy. He has never let the passions of 1849, during the term of President mass destruction on the sea floor, and the moment override his principles. Polk. a treaty prohibiting the use of environ- And in a time when public service has Senator PELL began his own lifetime mental modification techniques as been belittled and derided, he has never of service when he was just 22 years weapons of war. I feel certain that he stopped striving to the best of his con- old. In 1940, after graduating cum laude regrets that this, his final session of siderable ability to make the world a from Princeton University, he went to Congress, will end without the ratifica- safer, more civilized, more educated Europe to try and help concentration tion of the Chemical Weapons Conven- place. camp inmates. For his efforts, he was tion, the passage of which he has la- I think of CLAIBORNE PELL as Mr. In- arrested not once but several times by bored so mightily and so long to se- tegrity. There is not a false word that the Nazis. He has never ceased his ef- cure. he has ever knowledgeably spoken. His forts to assist the suffering. This has Senator PELL’s longstanding com- word is as good as his bond. His hand- been a guiding principle of his service mitment to universal human rights shake is as good as his bond. And to on the Senate Foreign Relations Com- lends passion to his efforts to stem the Mr. Integrity I say I wish him well as mittee, and underlies the truth of his spread of chemical weapons as well as he leaves us to enjoy a much-deserved acknowledged creed as a Senator: to other efforts. He has been a stead- retirement with his lovely wife Nuala ‘‘Translate ideas into action and help fast advocate for diplomacy and multi- and his family. people.’’ CLAIBORNE PELL has long lived lateral solutions that avoid armed con- f that precept. Four months before Pearl flict, as well as a strong voice for jus- RETIREMENT OF SENATOR PAUL Harbor, he enlisted in the Coast Guard. tice when crimes have been committed SIMON As an enlisted man and then officer, he against humanity. He opposed the Mr. BYRD. Madam President, as we was posted to duty stations in the Vietnam war, opposed the gulf war, and here in the Senate complete our work North Atlantic and Sicily. He remained called early for the establishment of a in the waning days of the 104th Con- in the Coast Guard Reserve after the war crimes tribunal in Bosnia, just as gress, I would like to take just a few war, attaining the rank of captain be- his father had called for the minutes now to note the retirement of fore retiring in 1978. Nuremburg tribunals after World War Senator PAUL SIMON, one of the finest After the war, Senator PELL turned II. public servants it has been my privi- his intellect and energies from the On the home front, Senator PELL’s lege to know. Although Senator SIMON waging of war to the building of peace, appreciation for the benefits of edu- is leaving us at the conclusion of only participating in the San Francisco cation resulted in perhaps his best his second term, his accomplishments Conference that established the United known legacy, the Pell grants for edu- and his work in the Senate are rep- Nations. He then served 7 years in the cation. In 1972, Senator PELL won pas- resentative of those who have served State Department, representing the sage of legislation establishing basic far more years. United States as a Foreign Service offi- educational opportunity grants. This Anyone who knew PAUL SIMON as a cer in Czechoslovakia and Italy. Just grant program, which provides assist- young man must have known that this as I carry a much-thumbed copy of the ance directly to low- and middle-in- was someone who was going some- Constitution in my shirt pocket, Sen- come college students, was renamed where, was going to go beyond the ator PELL carries in his hip pocket a the Pell Grant Program in 1980, in rec- norm, someone who was going to suc- copy of the United Nations Charter. ognition of Senator PELL’s leadership ceed despite his modest beginnings. Wherever you see Senator PELL, you in making college more accessible to Consider, for example, that at the can say, ‘‘There goes the United Na- deserving students. tender age of 19, an age when few tions Charter.’’ Education is the hope of the future, young men possess the maturity and His passion for peace, born from a the basis on which civilized society the passion necessary for such an un- tradition of diplomacy and tempered rests. Senator PELL has been active in dertaking, Senator SIMON began his ca- by the brutality of the Nazis and the furthering that principle in his service reer when he bought the Troy Tribune anguish of world-consuming war, has as chairman and ranking member on in Troy, IL, thus becoming the young- honed his character and shaped his sub- the Education, Arts and Humanities est editor-publisher in the Nation. sequent legislative legacy. Subcommittee of the Labor and Human There he made a name for himself by As elegant in his reasoning as he is in Resources Committee. He also au- leading a crusade against local crime his person, Senator PELL has been a thored the National Sea Grant College figures and machine politicians. Even- key player in the passage of many and Program Act of 1966, and he has tually expanding his business to a pieces of landmark legislation during been instrumental in supporting voca- chain of 14 weeklies, Senator SIMON’s his years in the Capitol. As befits his tional and special education programs. dedication to the principles of free background of education and diplo- These efforts, again, illustrate the speech and political reform were solidi- macy, Senator PELL’s accomplish- credo that he has lived by, translating fied as a result of his firsthand experi- ments in the fields of education and ideas into actions that help people. + ence. arms control are most notable, but he I will now refer to John Milton and Following his service in the U.S. also has been instrumental in author- his great work, Paradise Lost, which Army Counterintelligence Corps, which ing or ensuring passage of legislation was written after he was totally blind. included an assignment along the Iron supporting rail travel, curtailing drunk In his work, ‘‘Of Education,’’ John Curtain during the height of the cold driving, and promoting cultural activi- Milton (1608–74) wrote: war, the young Senator-to-be returned ties. He is the originator of the High I call therefore a complete and generous to the United States and entered legis- Speed Ground Transportation Act to education that which fits a man to perform lative politics by winning election to improve passenger rail service. He is justly, skillfully and magnanimously all the the Illinois House of Representatives in also a founding father of the National offices both private and public of peace and 1954. Endowment for the Arts and the Na- war. Madam President, as a clear signal of tional Endowment for the Humanities, By those standards, Senator CLAI- the political reformer he intended to having served as the principal Senate BORNE PELL can surely be judged a be, Representative PAUL SIMON was one

VerDate Aug 31 2005 00:20 Jul 01, 2008 Jkt 041999 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S25SE6.REC S25SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 25, 1996 CONGRESSIONAL RECORD — SENATE S11259 of the first legislators to publicly re- the life and actions of PAUL SIMON. He Transportation Committee from a lease his personal financial data, a is true; he is honest. I cannot even number of witnesses who represented practice that he has observed ever imagine PAUL SIMON ever doing a dis- the families of airplane crashes. I be- since. After 8 years in the House, PAUL honest thing or ever having spoken an lieve we had five or six unfortunate air- SIMON moved to the Illinois Senate untrue word or ever having acted other plane crashes. We also had other rep- where he again served with distinction. than in a just and upright manner. So resentatives of next of kin there at the In addition to gaining invaluable expe- the Apostle Paul may very well have Commerce, Science, and Transpor- rience in the State legislature, Senator been speaking of PAUL SIMON and oth- tation Committee. It was a very mov- SIMON’s illustrious career also includes ers like him. ing hearing. service as his State’s Lieutenant Gov- So throughout it all, Madam Presi- I want to commend the witnesses ernor, as a teacher at both Sangamon dent, the hours upon hours that we who appeared. I also want to say that State University in Springfield and the spent in this Chamber debating the bal- it is time we act in terms of desig- John F. Kennedy School of Politics at anced budget amendment and others, I nating the National Transportation Harvard University and as a U.S. Con- never once saw PAUL SIMON exhibit any Safety Board as the responsible agency gressman in the House of Representa- rancor, never once did he waver in his in terms of what happens after an air- tives. commitment to his cause, and I can plane crash. We hope there are no air- I believe that the public life of PAUL say truthfully that in all of my 44 plane crashes. That would be an ideal SIMON will best be remembered for the years in the Congress of the United situation. Whether it is a small crash passion and the integrity that he States I have never faced a more affa- or a big crash, inevitably in human his- brought to his work in the Senate. Let ble, a more sincere opponent than I tory there will probably be some. us not forget that it was our colleague have faced in the likes of the senior We want the next of kin to be taken from Illinois who was the Senate’s lead Senator from Illinois. care of and notified in a sensitive and sponsor of the direct student loan pro- PAUL SIMON has served his country as organized way. This is not entirely the gram which President Clinton has cited a journalist, editor, businessman, sol- fault of the airlines, as was pointed out as one of the major legislative achieve- dier, teacher, and legislator. In each of in the balance of the testimony we re- ments of his Presidency. Let us not for- these endeavors he has always under- ceived. In the past, the rules have not get that it was PAUL SIMON who led the taken his work skillfully, fairly, and been clear as to who is in charge. Some way and won passage of the National with a degree of integrity and honesty of the manifest problems in the past Literacy Act, a bill that created na- that has been an inspiration to us all. have arisen because of different prac- tional and State literacy centers to im- As he prepares to leave the Senate and tices. Sometimes passengers will get prove the education of adults. And let return to his beloved State of Illinois, off a plane at the very last minute, us not forget that it was our same soft- I offer this remarkable American my even after having checked in. spoken friend who championed the gratitude for his fairness and good fel- In fairness to the airlines, there has School-to-Work Opportunities Act so lowship. He is, indeed, the happy war- been some uncertainty. Now we have that those young citizens who may not rior, and I extend my best wishes to an opportunity to set up a system, go on to college are not left behind. him, and so does Erma, my wife—to working with the Gore Commission, And let us not forget that it was the him and to his lovely wife, our best and I am pleased to be designated to be former newspaper man, for whom the wishes, by saying thank you and good a liaison to the Gore Commission, plus first amendment has always had spe- luck to our friend from the State of Il- the FAA bill that is before the Senate. cial meaning, who was willing to take linois. This afternoon at 3:30 I believe the con- on the broadcast networks and lead the Madam President, I yield the floor. ferees on the FAA bill will be meeting, fight to curb television violence. The PRESIDING OFFICER. Who and part of that will be to be sure the Despite these numerous accomplish- seeks recognition? The Senator from National Transportation Safety Board ments, I personally will remember with New Mexico. is designated as the agency with the re- eternal respect and admiration the de- Mr. BINGAMAN. Madam President, sponsibility and the proper equipment, gree of passion and intellectual inten- first let me compliment my colleague, funding and personnel to deal with sity that Senator SIMON brought to our the Senator from West Virginia, on the families and next of kin, and to work several debates over the balanced budg- eloquent statements he has made with with our airports and our airlines in et constitutional amendment. Since regard to our colleagues here. He times of emergencies. entering this body in January of 1985, speaks with great eloquence and feel- Let me commend the National Trans- no one has been more outspoken on the ing about both Senator PELL and Sen- portation Safety Board, because under need for a constitutional amendment ator SIMON. Obviously, I join him in the leadership of Jim Hall, I believe requiring a balanced Federal budget the accolades that he is heaping upon they have been doing an excellent job than has my friend, PAUL SIMON. both of those Senators. They are cer- with their responsibilities. I am glad Of course, no one has opposed it with tainly deserving. they are willing to assume this addi- more intensity than I have opposed it, (The remarks of Mr. BAUCUS and Mr. tional responsibility of being the lead but that does not gainsay the fact that BINGAMAN pertaining to the introduc- agency, of taking the lead, in terms of he was a very worthy protagonist and tion of S. 2123 are located in today’s dealing with families and next of kin supporter of that amendment. RECORD under ‘‘Statements on Intro- and notification and counseling and so Now, Paul—not PAUL SIMON, the duced Bills and Joint Resolutions.’’) forth in times of an airplane crash. Apostle Paul—in his epistle to the Mr. BAUCUS. Madam President, I Let me also say a word about some of Philippians said, and I read from chap- yield the floor and suggest the absence our smaller airports and some of our ter 4, verse 8: of a quorum. smaller airplanes. We want to be sure they are safe for the flying public. Finally, brethren, whatsoever things are The PRESIDING OFFICER (Ms. true, whatsoever things are honest, whatso- SNOWE). The clerk will call the roll. Many of our people do not live at a hub ever things are just, whatsoever things are The legislative clerk proceeded to airport. A hub airport is a central air- pure, whatsoever things are lovely, whatso- call the roll. port such as New York, Minneapolis, or ever things are of good report; if there be Mr. PRESSLER. Madam President, I Denver. Over half of the airline pas- any virtue, and if there be any praise, think ask unanimous consent that the order sengers in this country originate at on these things. for the quorum call be rescinded. small airports, on smaller planes. We Madam President, as I look at that The PRESIDING OFFICER. Without certainly want to make them safe and bit of Scripture which has been given objection, it is so ordered. reassure the flying public of their safe- to us by the Apostle Paul, I think of its f ty. However, we cannot get into a real application to the life of PAUL SIMON— expensive situation. We have to find PAUL SIMON. Paul the Apostle said, AIRLINE SAFETY some of the new devices, see they are ‘‘Whatsoever things are true, whatso- Mr. PRESSLER. Madam President, brought in line and manufactured in ever things are honest, whatsoever this morning we had excellent testi- large numbers, so we can find reason- things are just.’’ I think these typify mony in the Commerce, Science, and able ways to achieve air safety.

VerDate Aug 31 2005 00:20 Jul 01, 2008 Jkt 041999 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S25SE6.REC S25SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S11260 CONGRESSIONAL RECORD — SENATE September 25, 1996 This afternoon, as the Federal avia- measure, that is because the people of anese-American Patriotism Memorial, tion authorization bill moves forward Rhode Island know him the best. We numerous Civil War sites, Oak Creek and comes to the Senate floor, I hope know him, but they know him better. Wilderness Scenic Recreation Area, the we all keep in mind the fine testimony They know his decency, they know his New Bedford whaling parks, and the we heard this morning from those fine commitment to them and to all of us, Women’s Rights National Heritage witnesses. I want to help them. and they know of his record. They are Park. It is estimated that there are I suggest the absence of a quorum. proud in so many ways for all that he about 37 States that are going to be af- The PRESIDING OFFICER. The has done for them and for our country fected by this package. clerk will call the roll. in the time that he served. It is quite reasonable, Madam Presi- The legislative clerk proceeded to So it is with regret that we note his dent, to ask the Senator from Alaska, call the roll. departure in this Congress. It is with a well, why do we have to have this in a Mr. DASCHLE. Madam President, I great deal of gratitude that many of us big package? Why did we not move on ask unanimous consent that the order have been able to call him our friend. this over the last 2 years? I will tell for the quorum call be rescinded. It is with admiration that we look at you. As chairman of the Energy and The PRESIDING OFFICER. Without his record and aspire to the heights and Natural Resources Committee, we have objection, it is so ordered. to the accomplishments that it rep- held hearings on these bills. So has the f resents. We thank him for his friend- House. But on our side we have had holds on every single bill at one time TRIBUTE TO SENATOR CLAIBORNE ship. We wish him and Nuala well in or another in this package. The way it PELL their life ahead. In my view, there are still opportuni- works around here, as we all know, is Mr. DASCHLE. Madam President, I ties for Senator PELL to serve his coun- some Members feel if they want to get know that a number of our colleagues try. I hope that that might happen. But their bill through and they see others this morning and this afternoon called regardless of what the future holds, no moving, they put what we call holds on attention to the retirement of our col- one can take away the 36 years of ac- things. We have had holds, and there is league, the senior Senator from Rhode complishment, the 36 years of contribu- no use pointing the finger at each Island, Senator PELL. I want to com- tion to democracy, to the strength of other because that is not going to get mend Senator HELMS and the others for this country, to the breadth and depth this package passed. their comments and identify with the of the affection and love he has for it. I do want to explain because some of remarks made earlier today by the dis- Madam President, he will be missed. the media cannot seem to understand tinguished senior Senator from West We don’t wish him farewell. We only why we have this enormous package. It Virginia, Senator BYRD. wish him Godspeed as he continues in is simply because of the way this place There are few people who can claim his role—whatever it may be. works. And when a Member wants to the record, the respect, or the admira- I yield the floor and suggest the ab- proceed with a bill out of our com- tion of all of their colleagues as can sence of a quorum. mittee and we have voted it out and we Senator PELL. Senator PELL, as most The PRESIDING OFFICER. The cannot bring it up, it is because there people know, came to the Senate in clerk will call the roll. is a hold on that bill. So we are down 1960. Someone entering the Senate The legislative clerk proceeded to to the end of the 104th Congress. The today, in order to have the same record call the roll. name of the game is to try to address in terms of numbers of years served, Mr. MURKOWSKI. Madam President, this package and recognize that we would retire in the year 2033. Thirty- I ask unanimous consent that the order have withdrawn from the package the six years from now, our country—and for the quorum call be rescinded. contentious portions that were identi- perhaps this body—will be much dif- The PRESIDING OFFICER. Without fied potentially as veto material. These ferent, and I daresay 36 years from objection, it is so ordered. included some bills that the Senator now, there will still be those who will Mr. MURKOWSKI. Madam President, from Alaska supported and felt very recall the contribution and, again, the I ask unanimous consent that I may strongly about. One was the Tongass remarkable record of this very gentle proceed as if in morning business. 15-year extension which would have man. The PRESIDING OFFICER. Without prolonged the life of our only manufac- Senator PELL came during turbulent objection, it is so ordered. turing plant, our only pulp mill, our times. He became a U.S. Senator under Mr. MURKOWSKI. I thank the Chair. only year-around manufacturing plant then President Kennedy, served under f that wanted to convert from an old President Johnson, President Nixon, technology to a new technology by in- President Ford, President Carter, THE PRESIDIO OMNIBUS PARKS vesting some $150 million to $200 mil- President Reagan, President Bush, and BILL lion, but in order to do that they had now President Clinton. He has seen Mr. MURKOWSKI. Madam President, to have an extension of the contract leadership of all kinds, Democratic and today I am proud to announce that we with the Forest Service to have an ade- Republican, liberal and conservative, have an opportunity to pass the most quate timber supply to amortize that good and bad. Through all of this, his wide ranging national parks and public investment. gentle nature, his remarkable ability land legislation in decades; that is, the Members say, why is Alaska dif- to find common ground, his willingness Presidio omnibus parks bill. ferent? Why do you have to have a con- to reach out to all sides in an effort to This report encompasses 2 years, or tractual commitment? The reasons are govern is something we can all be thereabouts, of various attempts by simple. We have no other source of sup- thankful for. He has a deep-seated be- Members on both sides to pass bills ply than the U.S. Government through lief in good Government, in democracy, that affect this area of our national the U.S. Forest Service because we do and knows what it takes in this democ- heritage. We had hearings. We had in- not have private timber which is ex- racy to govern well. I don’t recall how tense negotiations. I think the bills ported out of the State. The Forest many times, but I can recall many oc- contained in the package really meet Service timber, Government timber is casions when Senator PELL would lec- our Nation’s environmental needs. It is prohibited from export, and as a con- ture us in our caucus about how ill-ad- good news for the national parks, and sequence nobody is going to make that vised people are to pursue negative good news for land and resource con- kind of investment without an exten- campaigns in Senate elections. He servation. sion of the contract. And their current would remind us of that time and This package has over 700 pages. At contract expires in the year 2004. But again. In spite of all the advice he got last count there were 126 bills included. the administration found that unac- to be a negative campaigner, he ada- They range from the San Francisco ceptable and advised us that they mantly refused. In spite of all that ad- Presidio to the Tallgrass Prairie Na- would proceed with a veto if it were in vice, and perhaps because of his deter- tional Preserve, Sterling Forest protec- the package. So the Senator from Alas- mination to override that advice, he tion, Snowbasin land exchange, Black ka withdrew that. won every election by more than 60 Patriot Memorial extension, Boundary Waters Canoe Area, which percent of the vote. I think, in large Nicodemus National Historic Site, Jap- is an issue that some Members feel

VerDate Aug 31 2005 00:20 Jul 01, 2008 Jkt 041999 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S25SE6.REC S25SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 25, 1996 CONGRESSIONAL RECORD — SENATE S11261 very strongly about in Minnesota, was Unfortunately, it appears that many of these ment of the route taken by voting also noted by the administration that objectionable provisions remain. rights marchers from Selma to Mont- if it were in there, they would initiate We are committed to working with the gomery as a national historic trail, and Congress on legislation that protects our Na- a veto. Other issues that were conten- tion’s natural resources. As soon as the Ad- reauthorizing funding for the Advisory tious that were threatened for veto in- ministration completes its review, we can Council on Historic Preservation. cluded Utah Wilderness, and that issue work together to eliminate controversial We established new memorials. This is somewhat academic because of the items and discuss other provisions that could legislation provides for the construc- action taken by the President in invok- move forward in a bipartisan way. Sincerely, tion of memorials on The Mall in ing the antiquities; grazing issue, Washington, DC, the Martin Luther which many Members in the West felt FRANKLIN D. RAINES, Director. King, Jr., Black Revolutionary War Pa- very strongly about. So they are not in triots, and the Japanese American Pa- the package. We have taken them out— Mr. MURKOWSKI. They cite specifi- cally what their veto threat covers, triots. We protect rivers from coast to grazing, Utah wilderness, Tongass, coast. The bill protects important riv- Boundary Waters Canoe Area. and we have eliminated those, Madam President. Now I am told some Mem- ers, from the Columbia in Washington Now we are left with a situation to the St. Vrain in Colorado and the where it is very late in the Congress. bers on the other side are going to in- sist that the bill be read. That is fine— Lamprey in New Hampshire. And we This legislation is crucial in California protect hallowed ground, where the not just to the Presidio but to an area 700 pages. It is going to take 10 hours. Talk about delay tactics. What is the blood of American soldiers was shed in that I feel very strongly about, and battle. The bill protects important bat- that is the cleanup of the San Fran- objective of that? I do not know. They say they have not read the bill. We tlefields from Yorktown, where Ameri- cisco Bay area. I know how strongly cans won independence, through the the California delegation feels about ought to go back to the Members be- cause this stuff has been hanging Civil War battlefields in Virginia, Mis- that. If the administration wants to sissippi, Louisiana and Georgia, and es- find an excuse to veto this, obviously around for 21⁄2 years. We have had hear- ings on it. We have had discussions. tablishes the American Battlefield Pro- they can do it. But they are contem- tection Program. plating, if you will, a veto message per The Members who are motivated from correspondence with the White House, the 37 States know what is in the bill. Madam President, it authorizes fund- and I ask unanimous consent that a We are talking about further delay ing to begin restoration of the San letter from the Executive Office of the which is not necessary. We should act Francisco Bay. This bill authorizes $450 President be printed in the RECORD. now. It is late in the game. If we do not million over 3 years to provide restora- There being no objection, the letter act now, we are going to lose. tion for that jewel of the west coast. Let me tell you what the parliamen- was ordered to be printed in the This bill is not just about expanding tary procedure is. I hope this will come RECORD, as follows: the role of the Federal Government. It up today. It should come up now. We EXECUTIVE OFFICE OF THE PRESI- also contains significant reforms of ex- have the time. But if a Member moves DENT, OFFICE OF MANAGEMENT isting programs and policies, and to recommit the package, the whole AND BUDGET, makes unneeded Federal lands avail- package is dead. It is over. It will not Washington, DC, September 20, 1996. able for use by other levels of govern- Hon. FRANK H. MURKOWSKI, happen. ment. We have a reduction of unneeded Chairman, Committee on Energy and Natural What we have done in this bill, we Federal lands. The legislation transfers Resources, U.S. Senate, Washington, DC. have created new parks, established unreserved BLM land in the State of DEAR CHAIRMAN MURKOWSKI: I am respond- five new parks: Shenandoah Valley Na- Wyoming for schools, removes inappro- ing to your September 16th request for the tional Battlefield in Virginia to pro- Administration’s view on the proposed con- priate limitations from developed lands tect the Civil War battlefields; ference report on H.R. 1296, the Omnibus across the coast of North Dakota, cor- Tallgrass Prairie Natural Preserve in Parks legislation. The Administration re- rects a 90-year-old survey of public Kansas to protect one of the last re- ceived this legislation late Tuesday night, lands in Idaho, provides lands to the September 17th, and is carefully reviewing maining unplowed sections of tallgrass Taos Pueblo tribe in New Mexico. this massive proposal, which now incor- prairie in the country; Nicodemus Na- porates over 100 free-standing bills and spans tional Historic site to protect the town The administrative reforms of the over 500 pages of legislative language. established as a community for freed national parks are addressed. The bill We strongly support legislation to improve black slaves after the Civil War; New includes a number of provisions to im- the management of the Presidio in San Fran- prove the management of the National cisco, use Federal funds to help acquire the Bedford National Historical Park to Sterling Forest in the New York/New Jersey honor the whaling industry—not just Park Service, from encouraging pri- Highlands Region, and establish the in Massachusetts because the whaling vate sector involvement to improving Tallgrass Prairie National Preserve in Kan- industry started in Massachusetts and the housing of park rangers, which is sas. These are measures that would protect where did they whale? They whaled in sorely needed; Senate confirmation for nationally significant natural resources, Alaska, my State. They went around the park director; the elimination of have been the subject of thorough public re- Pt. Barrow, and that is where they unnecessary congressional reporting view, and enjoy broad, bipartisan support. whaled. You go to Pt. Barrow today requirements, and numerous other au- Your letter, however, indicates that the thorities to increase the leverage of conference report will contain a number of and you can see the remnants of the wholly unacceptable provisions—ones which contribution of the New Bedford Federal funds. erode protection of nationally significant whalers. So this is a joint effort; Bos- Recreation Fee Policy Program: The natural resource areas, override existing ton Harbor Islands to protect unique bill provides for the complete overhaul legal requirements, and prevent responsible islands in the Boston Harbor. of the current recreation fee policies, management of federal lands. Your letter in- There is better protection of existing dicates, for example, that the report includes which will provide improved funding national parks. It provides for bound- for the parks and forests by estab- a mandated extension of the Ketchikan Pulp ary modifications, expansion of 20 Company (KPC) contract in the Tongass Na- lishing a permanent program to permit tional Forest (AK) and a requirement to parks around the country from a 1,000 agencies to retain recreation fees with- allow motorized use in the Boundary Waters percent increase in size at the Rich- out appropriations. Canoe Area Wilderness (MN). Department of mond National Battlefield in Virginia Agriculture officials have repeatedly indi- to minor boundary adjustments in Zion The environmental agenda: We have cated that the Secretary would recommend National Park in Utah. It protects ex- tried to address it within my com- veto of a bill that would mandate an exten- isting national parks. The legislation mittee, and the legislation provides sion of the KPC contract. Similarly, actions provides protection for important his- two key provisions which represent the such as opening up three portages at the torical events and persons by expand- vision of how we intend to better pro- Boundary Waters Wilderness areas to motor- ing the boundary to further protect the tect the environment without the ized use would be cause for a veto of this bill. heavy hand of the Federal Government. On July 26th, the President urged the Con- Manzanar National Historic Site in gress to refrain from including controversial California, adjusting boundaries at One of those issues is the significant measures during the conference on H.R. 1296. Independence Hall, improved manage- development of the Presidio trust. I

VerDate Aug 31 2005 00:20 Jul 01, 2008 Jkt 041999 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S25SE6.REC S25SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S11262 CONGRESSIONAL RECORD — SENATE September 25, 1996 have been out to the Presidio on sev- what more and greater obligation I The boundary waters canoe area, which eral occasions. I know how the Penn- have as chairman of the Energy and was also under Presidential veto sylvania Avenue Development Corpora- Natural Resources Committee to try to threat, has been withdrawn. tion, which brought about the tremen- move this, because I know how much it To those who are scrutinizing this, I dous and successful renovation of means to each Senator with regard to wish them well, but that is the pack- Pennsylvania Avenue here in Wash- various parts and portions of the 126 age, that is what we are left with. It is ington, DC, has worked for the benefit parts that are in this bill. And I am now or never, and we better do it now and the beautification of this city. The sorry that we were not able to be re- because we simply don’t have time, and Presidio, a former military installation sponsive, as we reported these bills out we will walk out of here in the next few at the foot of the Golden Gate, has of committee individually. But, again, days leaving behind us a truly monu- been managed by the park service. But, I want to make reference to the way mental bill with monumental implica- clearly, the park service does not have this place works, when Members put tions. the expertise or the knowledge to de- holds on every bill and we cannot move velop that area in compatibility with them on the floor to passage. We are I might add, the Senator from New its unique recreational attractiveness left with this dilemma, which is the Jersey and I have had differences of and the traditional association of what 126-bill package. opinion relative to his role in the bill. that military facility was. Some people say, why do we have to I am not going to prolong those dif- As a consequence, we have created a have it this way? I am sorry we have to ferences other than to say Sterling Presidio trust. Instead of the $1.2 bil- have it this way, but it is this way now Forest is it. He is a winner. He can lion proposal at one time that was ad- or nothing, because there is simply no leave the U.S. Senate bringing home vocated by some for the Federal Gov- other alternative and there is no more something that is very meaningful to ernment to manage the Presidio, San time left. New Jersey and New York. Francisco, in perpetuity, what we have The leadership has indicated we are I could go on into the history of the here is a bipartisan approach. We winding this session up. The end of the process over the last 2 years, but I talked about it this morning in a press fiscal year is coming. It is now or never don’t know that that would serve any conference with the two Senators from for the Presidio package, because if it purpose at this time. I could lament California. It turns the real estate is held up, those people who are hold- the dissatisfaction of my friends from management aspects of the Presidio ing it up have to bear the responsi- some of the States whose issues we over to a private volunteer nonprofit bility for annihilating, killing the larg- simply had to take out of here in the trust—again, similar to the Pennsyl- est single environmental package of spirit of compromise relative to trying vania Avenue Development Corpora- parks bills that have come before the to get the job done and get a package tion. Congress in this session and, I am told, out that is meaningful, but I hope that I have met with the volunteers in for the last decade. those who are listening and reflecting San Francisco that have worked to put I am pretty reasonable. I have been now recognize that they, too, have an this concept together. I am satisfied around here for a while. I have tried to obligation. That obligation is either to that they have the vision and the ex- accommodate everybody. I have taken pertise and the capability to make this my licks on this one. I have lost, in my come forth and support this package work. It will reduce the burden of the State, my only year-round industry be- now, this compromise package that is Federal Government’s role. It will still cause I could not get enough support so important, that is so significant, provide a presence for the National for a 15-year extension of the Ketch- that is so meaningful, or accept the re- Park Service, and it will add dramati- ikan Pulp Mill, so they could put in a sponsibility of killing a package that 1 cally to the full utilization, with the $200 million investment. That is my has been over 2 ⁄2 years—one Senator right balance, by the people on the sacrifice. That probably means more to reminded me that his particular inter- ground who have the best interests of me than any other single thing. But est in the bill had been in this over 4 the Presidio and San Francisco at the obligation I have to move this years. heart. package is real as well. So, at the dic- So I encourage my colleagues to look This is a bill for all Americans, and tate of the administration, we have through the title portion and recognize that is why it is so attractive, and that stricken the Tongass out of it. the items that are of interest to their is why it is so necessary we move at Some might ask, do you have any State, whether it covers rivers and this time. The bill authorizes, as well, fallback? Yes, I suspect there is a fall- trails, historic areas, civil rights a land exchange in Utah. The signifi- back. Perhaps the RECORD should note issues, Civil and Revolutionary War cance of this is the Olympics, which what it is, because without getting too sites, fee generations for their own are going to take place in Utah in the technical, what we asked for was a 15- parks, recommended administration year 2002. This would provide a very year extension of a contract that was management provisions, boundary ad- simple exchange that would make the going to expire in the year 2004. The justments, the Presidio, certainly the downhill event for the 2002 Olympics a administration said they would veto California bay environmental enhance- reality, which will permit thousands, the bill if that was in. ment, and recognize that it is now or hundreds of thousands of persons What we have proposed in this pack- never. We can get it done now and go around the world to enjoy it. age, I will be very direct with the out of session with the most meaning- So, what we have here, as a con- President, is not to pursue the 15-year ful bipartisan legislative package that sequence of action taken last night, contract which would mandate 15 years has come before the U.S. Senate, or we where my conferees agreed to sign off beyond the year 2004, but to simply can grouse around, object, send it back on the package and send it over to the take the remaining years on that con- for reconsideration and leave with House of Representatives, and the tract, which are 8 years, and simply nothing done. House stayed in until midnight last transfer that from pulp utilization to night to accommodate their procedure our two operating sawmills. That is all But I want the RECORD to note, as and sign off on the bill, and now it is we have left in Alaska of any signifi- chairman of my committee, I have dis- over here, the package. So, Mr. Presi- cance. charged, along with my conferees and dent, it is fair to say that now is the In brief, the contract for the remain- our committee, both Democrats and time to take it up. der of the term through the year 2004, Republicans, our obligation. We have I have been advised there had been for the next 8 years, would simply be held the hearings, we reported it out, some concern on the other side. I have transferred over from pulp utilization we moved on it last night through a yet to be privy to what that concern to sawmill utilization. conference process. The House signed might be. But, again, we have been The 15-year extension, as a con- off on it. It is over here now. I do not waiting 2 years for this material to get sequence of the Presidential veto want to be presumptuous in being crit- this far. If we pass it, it will go over to threat, has been withdrawn. I under- ical, but I don’t know what we are the House, and I am satisfied the House stand that that has been satisfactory waiting for, Mr. President. We are will move it because we have taken the to those who have objected. Of course, ready to go. We can get this done now. contentious portions out of it. I do not the Utah wilderness has been with- The Senator from Alaska is ready to know what more we can responsibly do, drawn. Grazing has been withdrawn. bring it to

VerDate Aug 31 2005 00:20 Jul 01, 2008 Jkt 041999 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S25SE6.REC S25SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 25, 1996 CONGRESSIONAL RECORD — SENATE S11263 the body. I have discussed it with the ready and prepared to discuss any of the do a better job. Our fisheries are at an leadership. I am awaiting word. measures proposed for inclusion in this con- all time high. We have had record runs So the rest is up to you, I say to my ference report at any time, and our staffs are 8 of the last 11 years. We have been distinguished colleagues, whether this prepared to provide any additional informa- doing it right. We think others could tion you may need in your consideration of learn from us. It is a little like rowing package is meaningful enough to rec- this important legislation. ognize, just like every package, that Sincerely, uphill. sure, there are some things in there DON YOUNG, You talk about oil and gas explo- somebody doesn’t like. But you try to Chairman, House Com- ration. We know we can open up ANWR put together 126 bills and have to put it mittee on Resources. safely, given the opportunity. But we in a package like this because there is FRANK H. MURKOWSKI, have become an environmental cause. no other way that you are allowed to Chairman. We have over 60 environmental agen- bring them up individually because Mr. MURKOWSKI. I encourage those cies that have established themselves Members put holds on them. who are responsible for the movement in Anchorage, AK. The young attor- I implore the media that is going to of the process around here to reflect on neys come up and do their missionary scrutinize this to recognize the reality. my words. work, because these organizations need The poison pills, so to speak, have been I compliment all those who have a cause. The cause is far away. It is a taken out. I am not going to reflect on worked so hard to bring this package ‘‘good cause,’’ idealistic. When we at- the fact there are an awful lot of west- together, both in the minority and ma- tempt to say, well, just a minute now, erners who are unhappy because their jority: Senator JOHNSTON, Senator we have an opportunity and a right to concerns are not met in this package. BUMPERS, Senator DOMENICI, Senator come into the Union, develop our re- That is going to be for the next session. NICKLES. I also thank the California sources, manage them correctly; they, That is going to be for, perhaps, the delegation for their tireless efforts to through extreme rhetoric, suggest that we are desecrating the country. The election. But we have to do what we push this legislation. I thank those media picks up on it. And it is simply have to do, and right now, the thing to who have volunteered their time in San not true. do is to move this bill out because the Francisco, as well as other areas of California, to push the merits of the So we feel a little sensitive when we poison pills are out. are criticized with any development I ask unanimous consent that my let- creation of the trust in the Presidio scenario. We could open up ANWR safe- ter and Representative DON YOUNG’s package, and I thank the staff on both the minority side and majority side: ly. We know it. We have the tech- letter to the President asking for a po- nology. We are selling American inge- sition on those items that he would Tom Williams, GREGG Renkes and many others, who worked night and nuity short. The environmental com- veto be printed in the RECORD. munity has in many cases established a day to put this package together; my There being no objection, the letter fear mentality in the American public colleague in the House, Representative was ordered to be printed in the that somehow we cannot develop re- YOUNG, of course; my senior Senator, RECORD, as follows: sources safely. It is evidenced in the Senator STEVENS, because oftentimes U.S. SENATE, COMMITTEE ON debate around here on the grazing we, as Alaskans, are typified as those ENERGY AND NATURAL RESOURCES, issue, on the timbering salvage issue, Washington, DC, September 16, 1996. who want to run through the public do- on oil and gas exploration, on mining— Hon. WILLIAM J. CLINTON, main with development schemes of one drive them offshore; bring them in President of the United States, The White kind or another. from other countries; send those jobs House, Washington, DC. We will take our lumps as we go overseas. DEAR MR. PRESIDENT: We are about to con- along the road in trying to commu- clude action on H.R. 1296, a bill to provide The deficit balance of payment; what nicate the particular posture of our for the administration of certain Presidio is it all about? Over a third of it is the properties at minimal cost to the Federal State, which is only 38 years old, and cost of imported oil. What are we doing taxpayer. As you may know, a number of the realization that we are still trying today? We are 51.4 percent dependent popular and also controversial measures to create land patterns in a State that on imported oil. In 1974, we were about have become part of the conference discus- is 80 percent owned by the Federal Gov- 36 percent dependent. We took action. sion; therefore, this bill is now known as the ernment, at a time when the other Omnibus Parks legislation containing well We created the Strategic Petroleum States accomplished that 150–200 years Reserve. Now we are selling it off. The over 100 specific legislative provisions. ago. They developed their land pat- Among the controversial issues discussed Department of Energy says by the year for inclusion in this conference report are terns. They had private ownership 2000 we will be two-thirds, 66 percent, the Senate-passed grazing reform legislation, within their State. We have public dependent on imported oil. What does S. 1459; reforms to the management of the ownership in ours one-fifth the size of that do with our leverage with the Mid- Boundary Waters Wilderness, S. 1738; Ster- the United States. east? The Mideast is in a crisis. One of ling Forest Protection Act, S. 223; S. 884, the We are a storehouse of natural re- these days, we are going to pay the Utah Public Lands Management Act; S. 1877, sources. What we try to communicate price because we have increasingly be- the Ketchikan Pulp Company contract ex- is that with science and technology we tension; and S. 1371, the Snow Basin Land come more dependent on imported oil. can do a better job of developing our Well, I am using my time to vent my Exchange, which is necessary for the winter resources. We look at our timber indus- olympics. frustration, but what I want to commu- We are about to file a conference report on try. We have the largest of all our na- nicate here is we have put aside some this omnibus legislation, and it is important tional forests at 17 million acres. We of our Alaskan issues relative to the that we have your views. Because of your set aside two-thirds of that forest in merits of this bill, issues that we feel Administration’s long-standing opposition, perpetuity, set aside 5 to 7 million very strongly about, simply because we are prepared to propose excluding the acres of prime timberland. We are try- this is a good bill. It is a compromise grazing reform legislation, any Utah Wilder- ing to maintain a timber industry in bill. And it is time, after 21⁄2 years, or ness proposals, and several other controver- the largest of all our forests on about sial measures to which the Administration 4 years, depending on your point of has expressed opposition. Attached is a list 1.7 million acres in perpetuity and a view, or at least the 104th Congress, to of measures we propose for inclusion in the 100-year regrowth cycle. They cut more move it now. If we do not move it now, conference report. Among these measures, firewood in New York than we cut com- it is not going to be moved this session. we feel the need to include two items which mercially in Alaska in the Nation’s Those who have the responsibility for your Administration has expressed opposi- largest forest. They cut over 1 billion it not moving are going to have to tion to in the past. One is the extension of board feet for their commercial activi- stand up and be counted and explain to the Ketchikan Pulp Co. contract, S. 1877; and ties, yet there are those who want to me and the other conferees specific the other is a proposed compromise on the close us down, terminate all timbering reasons as to why, because, again, I Boundary Waters Canoe Area which would would challenge the administration, allow motorization on three portages, but in our forests. nothing more. The Sierra Club wants to terminate and my colleagues, if you are looking It is important that we have your views on all timbering in the national forests. for an excuse to veto it, yeah, you will this conference report prior to close of busi- But what we are trying to do is main- find an excuse to veto it. But the poi- ness on Wednesday, September 18. We are tain a viability based on renewability, son pills have been taken out because

VerDate Aug 31 2005 00:20 Jul 01, 2008 Jkt 041999 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S25SE6.REC S25SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S11264 CONGRESSIONAL RECORD — SENATE September 25, 1996 Representative Young and I and others It provides for protection of some of the California. Pesidio, Elsmere Canyon working together went through a labo- most important natural and historical protection, San Francisco Bay en- rious process to identify those conten- events and landscapes in the country as fol- hancement, Butte County conveyance, lows: tious issues that were veto bait. Again, Creation of New Parks—Establishes five (5) Modoc Forest boundary adjustment, for the benefit of those who do not re- new parks: the Shenandoah Valley National Cleveland National Forest, convey- call, grazing is out, Utah wilderness is Battlefield in Virginia to protect important ance, Lagomarsino visitor center, out, Tongass is out, the boundary Civil War battlefields; Tallgrass Prairie Na- Tular conveyance, Mineral King, water canoe area is out. And what we tional Preserve in Kansas to protect one of Merced irrigation district land ex- have left is a good package, 126 bills, the last remaining unplowed stretches of change, Manzanar historic site ex- everything from the Presidio to the tallgrass prairie in the country; Nicodemus change, AIDS memorial grove, timber New Bedford National Historic Park to National Historic Site to protect a town es- sale exchange, Santa Cruz Poland ac- tablished as a community for freed Black honor the whaling industry. slaves after the Civil War; New Bedford Na- quisition, Stanislaus Forest manage- Mr. President, I ask unanimous con- tional Historic Park to honor the whaling in- ment, Del Norte School conveyance, sent that the entire titles of those dustry in Alaska and Massachusetts; and ski fees. bills, including Sterling Forest and the Boston Harbor Islands to protect a dozen Colorado. Cache La Poudre corridor land transfer for the Winter Olympics, unique islands in Boston Harbor. designation, Rocky Mountain Park vis- the entire group be printed in the Better Protection of Existing National itor center, Grand Lake Cemetery au- RECORD so each Member can recognize Parks—provides for boundary modifications thorization, Yucca House boundary what is in the package. and expansions of 20 parks around the coun- modification, Rockwell ranch, Black try from a 1,000 percent increase in size at There being no objection, the mate- Canyon of the Gunnison, St. Vrain ex- rial was ordered to be printed in the Richmond National Battlefield in Virginia to a minor boundary adjustment at Zion Na- change, ski fees, Greeley, Colorado RECORD, as follows: tional Park in Utah. land exchange. Authorizes funding to Begin Restoration of Protection of Important Historic Sites— Florida. Florida coastal barrier the San Francisco Bay—the bill authorizes legislation provides protection for very im- amendments. $450 million over three years to provide for portant historical events and persons by ex- Georgia. Chickamauga-Chattanooga restoration of the San Francisco Bay. panding the boundary to further protect the The Bill is not just about expanding the authorization increase, Fort Pulaski. Manzanar national Historic Site in Cali- Hawaii. Kaloko-Honokohau Advisory role of the Federal Government, it also con- fornia; adjusting the boundary at Independ- tains significant reforms of existing pro- ence Hall to improve management; desig- Commission extension. grams and policies, and makes unneeded nating the route taken by voting rights Idaho. Craters of the Moon boundary Federal lands available for use by other lev- marchers from Selma to Montgomery as a adjustment, waterman fossil beds els of government. National Historic Trail; and reauthorizing boundary adjustment, Cuprum convey- Reduction of Unneeded Federal Lands—the funding for the Advisory Council on Historic ance, Targhee exchange, ski fees. legislation transfers unreserved BLM lands Preservation. Illinois. Illinois and Michigan Canal, to the State of Wyoming for schools; re- Establishment of New Memorials—legisla- Calumet Ecological Park study. moves inappropriate limitations from devel- tion provides for the construction of memo- oped lands along the coast of Florida; cor- Kansas. Tallgrass prairie National rials on the mall in Washington, DC to Mar- Preserve authorization, Nicodemus rects a ninety year old survey of public lands tin Luther King, Junior, Black Revolu- in Idaho; and provides lands to the Taos tionary War Patriots and Japanese-Amer- Park establishment. Pueblo tribe in New Mexico. ican patriots. Lousiana. Civil War center, Laura Administration Reform of the National Protection of Rivers from Coast to Coast— Hudson visitor center. Park Service—the bill includes a number of the bill protects important rivers from the Maryland. Lower Eastern Shore provisions to improve the management of Columbia River in Washington to the St. hedge study. the National Park Service from encouraging Vrain in Colorado and the Lamprey in New Massachusetts. Boston Harbor Is- private sector involvement in improving the Hampshire. housing of park rangers, Senate confirma- lands park establishment, Blackstone Protects Hallowed Ground Where the Blood heritage area, Boston Public Library tion for the Park Director, to elimination of of American Soldiers was Shed in Battle— unnecessary Congressional reporting require- the bill protects important battlefields from on Freedom Trail, New Bedford estab- ments and several other authorities to in- Yorktown, where America won independ- lishment. crease the leveraging of federal funds. ence, through the Civil War in Virginia, Mis- Michigan. Pictured Rocks boundary Recreation Fee Policy Program—the bill sissippi, Louisiana, and Georgia and estab- adjustment. provides for complete overhaul of the cur- lishes the American Battlefield Protection Mississippi. Corinth visitor center rent recreation fee policies which will pro- Program. vide improved funding for parks and forests historic black college funding, Natchez by establishing a permanent program to per- Mr. MURKOWSKI. That may save visitor center. mit agencies to retain recreation fees with- them from threatening to read 2,700 Missouri. Ozark wild horses preserva- out appropriations. pages of the bill. tion. New Republican Environmental Agenda— Mr. President, I have just been given Montana. Lost Creek exchange, ski the legislation provides two key provisions a list of the States that are affected fees. which represent the vision of how Repub- here, and if my colleagues will just New Hampshire. Lamprey River, ski licans intend to better protect the environ- ment without the heavy hand of the Federal give me a couple more minutes, I will fees. government. conclude my remarks with this, be- New Jersey. Sterling Forest, Great 1. Presidio Trust—instead of the $1.2 bil- cause it is so important that each Falls historic district. lion proposal advocated by some for the fed- Member understand what is in this for New Mexico. Bisti/De-Na-Zin wilder- eral government to manage the Presidio of his or her State. ness, Taos Pueblo conveyance, Rio San Francisco in perpetuity, this bipartisan Alabama. Selma to Montgomery His- Puerco project, Father Aull land trans- approach turns the real estate management toric Trail designation, historic black fer, ski fees. aspects of the Presidio over to a private, college funding. New York. Women’s rights boundary non-profit trust similar to the Pennsylvania Avenue Development Corporation. Alaska. Anaktuuk land exchange, adjustment, Sterling forest. Enhancement of the National Park Foun- Alaska Peninsula land exchange, Alas- Ohio. Dayton Aviation Commission. dation—the bill enhances the ability of the ka PLT, unalaska historic site, Glacier Oklahoma. Arkansas/Oklahoma land existing National Park Foundation to raise Bay fee, unrecognized communities, exchange. private sector funds to support National Federal borough recognition, village Oregon. Sumpter conveyance, Upper Parks. land negotiation, conveyance to Gross Klamath basin restoration, Deschutes A bill for all Americans. This bill author- brothers, regulation of Alaska fishing, basin restoration, Mount Hood corridor izes a land exchange in Utah which will make the downhill event for the 2002 Olym- University of Alaska. exchange, Coquille Forest establish- pics a reality and permit billions of persons Arizona. Walnut Cameron exchange, ment, Bull Run watershed protection, around the world to enjoy it. Wupatiki boundary adjustment, Alpine Oregon Islands wilderness, Umpaqua HIGHLIGHTS OF THE BILL School District conveyance, ski fees. River exchange, ski fees. This package is the biggest and most im- Arkansas. Arkansas-Oklahoma land Pennyslvania. Delaware Water Gap portant parks and public land package since exchange, Carl Garner Federal lands fee, Independence Park boundary ad- 1978 (nearly 20 years). clean-up. justment.

VerDate Aug 31 2005 00:20 Jul 01, 2008 Jkt 041999 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S25SE6.REC S25SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 25, 1996 CONGRESSIONAL RECORD — SENATE S11265 Rhode Island. Blackstone heritage cause there are holds on them. You the great Senator from Georgia, SAM area expansion. have to move them in a package. We NUNN. We will be leaving the U.S. Sen- South Carolina. Historic black col- can get this done now, for the good of ate together. This Nation will likely leges funding. the States affected, for the good of the lose the most important Senator of all Tennessee. Historic black colleges Nation, and for the good of the House with regard to national security and funding. of Representatives and the U.S. Senate. foreign policy when my colleague SAM Texas. Big Thicket exchange. Mr. President, the time is now. The NUNN departs this body. Utah. Snowbasin exchange, Sand Hol- day is now. We should get on with it. I believe Senator NUNN is one of the low exchange, Zion Park exchange, ski I yield the floor. greatest leaders of the current era. He fees. The PRESIDING OFFICER (Mr. has been a leader and a close personal Virginia. Cumberland Gap boundary KEMPTHORNE). The Senator from Ne- friend and confidant of mine since the adjustment, Richmond Battlefield braska is recognized. very first day I came here 18 years ago. boundary adjustment, Shenandoah Val- Mr. EXON. The Senator from Ne- SAM NUNN has been my Democratic ley Battlefield establishment, Shen- braska understands we are in morning leader on the Senate Armed Services andoah NP boundary adjustment, Colo- business, is that correct? Committee. We have worked closely to- The PRESIDING OFFICER. The Sen- nial Parkway boundary adjustment. gether, and always in harmony, on ator may proceed as though we were in Washington. Vancouver Reserve es- many, many issues of vital importance morning business. tablishment, Hanford Reach protec- to this Nation’s national security. SAM tion, ski fees. Mr. EXON. I ask that we continue morning business for the purpose of has been a stalwart in helping to win West Virginia. West Virginia Rivers. the cold war. I remind all that SAM is, Wisconsin. Pictured Rocks boundary making remarks with regard to several retiring Members of the U.S. Senate. bar none, the Senate’s top expert on adjustment. national security matters. No one has Wyoming. Bighorn County convey- The PRESIDING OFFICER. Without objection, it is so ordered. done more to help recruit and retain ance, Douglas County conveyance, the Nation’s soldiers, sailors, airmen, f Ranch A conveyance, ski fees. and marines, who are on duty today Generic. RS. 2477, Black Revolu- THANK YOU TO SENATOR ROBERT and are the best that we have ever had tionary War Patriots Memorial, MLK C. BYRD in uniform in our Nation’s history. Memorial, advisory council historic Mr. EXON. Mr. President, while I I was proud to be a charter member preservation, Revolutionary War & have had ample opportunity to review of the informal ‘‘Sam Nunn for Presi- War 1812, Am. battlefield protection, the RECORD of yesterday while I was dent’’ group in 1988. I believed then, ski fees, recreation fees, recreation awaiting my chance to make remarks, and continue to believe to this day, lakes, National Park Foundation, NPS I want to thank very much my close that SAM NUNN would have been an administrative reforms, BLM re-au- and dear friend, Senator BYRD, for his outstanding President of the United thorization, Japanese-American Pa- kind remarks about this Senator as States. SAM has the unique qualities of triot Memorial, REA right-of-way. printed in yesterday’s RECORD, S. 11134. being strong in his principled view- Finally, Mr. President, do not be mis- Senator BYRD made some very kind re- points and yet compromising in the led. These bills will not pass, they will marks about me and our association means to achieve his goal. In short, not pass as part of an appropriations and work here in the U.S. Senate. I SAM NUNN is a true statesman in every bill. Some Members may be under the thank him for that. respect of the word. I will always treas- impression that you can just cherry I also wish to take this opportunity ure my association and my friendship pick this thing and their bills will pass and thank others who have made fare- with him. Pat and I want to wish him as part of the final appropriations. Do well remarks with regard to this Sen- and his family all of the best and, in- not be misled. This is not going to hap- ator from Nebraska, and with par- deed, all of the blessings of the future. pen. As chairman, I will not let it hap- ticular reference to Senator BYRD. I pen. I want to put those Members on think we all recognize what a unique f notice if this conference bill fails, all experience we have had here in the U.S. the bills, all of them, are absolutely Senate, serving with one of the great- dead for this Congress. TRIBUTE TO SENATOR DAVID est U.S. Senators, by any measure- PRYOR Finally, I want to recognize the work ment, that this body has ever seen. BOB Mr. EXON. Mr. President, I rise of Bill Lane, from San Francisco, a BYRD of West Virginia has no peer with long-time acquaintance of mine, regard to his understanding of the today to pay tribute to my departing former publisher and still associated rules of the U.S. Senate. He has writ- colleague from Arkansas, Senator with Sunset Magazine, who has done so ten books on the history of the U.S. DAVID PRYOR. I have treasured our 20 much groundwork on the Presidio ef- Senate. Certainly, as I think back over years of friendship. fort. I know there are others that de- my last 18 years, and I will be thinking Senator PRYOR is one of the true gen- serve recognition, but Bill Lane has about this in the future, I thank the tlemen of the Senate and it has been been a stalwart, promoting the objec- Lord for the great opportunity, and the my good fortune to serve as Senators tive to get the job done, and get it done people of Nebraska, for giving me the together as it was my pleasure to serve now, because if you do not, the Pre- opportunity to serve with a truly great as governors during the same time pe- sidio will deteriorate to a point where American, a true pillar of the U.S. Sen- riod in the 1970’s. DAVID has been a good friend to me here in the Senate it may be too late. ate, ROBERT BYRD of West Virginia. I have gone on longer than the Sen- In that regard, I also would like to and I have appreciated his leadership in ator from Alaska usually does, not take just a moment, Mr. President, to a number of areas including pharma- preaching to my colleagues. I am im- thank a number of my colleagues from ceuticals, seniors, taxpayer rights ploring you to recognize this for what both sides of the aisle that stopped by issues and many, many more. it is. We have all taken a hit. The poi- a reception held for me last evening. Senator PRYOR has taken his intel- son pills have been taken out. If the ad- My wife Pat and I appreciated that. A ligence and sense of fair play and ministration wants to use this as an good time was had by all. worked to see that America’s seniors exchange, OK. Then it becomes, per- are treated with dignity and respect by f haps, a campaign issue. serving as the top-ranking Democrat I hope we hear from the administra- TRIBUTE TO SENATOR SAM NUNN on the Special Committee on Aging. tion, their recognition that perhaps Mr. EXON. Mr. President, I would Government programs do a better job there is not everything they like in like to proceed in making some brief of serving Americans because of the this, but there is so much in it, and it statements with regard to several of leadership of DAVID PRYOR. is so necessary we address these things the retiring Members that this Senator A leader in keeping pharmaceutical now, and the recognition of the way has had the honor of serving with. prices low, Senator PRYOR has fought this process works—that you cannot Let me start, Mr. President, if I long and hard to make sure that Amer- move the bills through individually be- might, with a statement with regard to icans do not pay for the low prices

VerDate Aug 31 2005 00:20 Jul 01, 2008 Jkt 041999 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S25SE6.REC S25SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S11266 CONGRESSIONAL RECORD — SENATE September 25, 1996 pharmaceutical companies charge the people of Illinois. Pat and I wish in the Senate even know about Senator other countries for their products. Be- him the very best in his retirement. HEFLIN’s heroism. He was one of those cause of his leadership, the Medicaid f marines who liberated Guam. Lt. HOW- program instituted a prescription drug ELL HEFLIN was part of the assault TRIBUTE TO SENATOR HOWELL rebate program so that drugs could be force of the Americans landing to take HEFLIN purchased at a more favorable rate. I Guam from the Japanese. He was was also pleased to be an original co- Mr. EXON. Mr. President, I rise to wounded in the initial assault and kept sponsor of Senator PRYOR’s Taxpayers’ salute the service of Senator HOWELL on fighting. He pointed out the hill to Bill of Rights. This was landmark leg- HEFLIN and give the Senator and his me where he took his second hit. islation to remind the Internal Rev- family best wishes. He was evacuated to the United enue Service to treat taxpayers’ with Senator HEFLIN and I came to the States where he spent considerable dignity and respect. U.S. Senate together and we will be time in the hospital. The hallmark of Senator PRYOR’s leaving this grand institution together. This story illustrates that Senator tenure here in the Senate is leadership. Over the years I have not only devel- HEFLIN’s love of country has been a Leadership in legislation, a leader oped a tremendous working relation- constant throughout his life. As ma- among his fellow Senators and leader- ship with the senior Senator from Ala- rine, judge, and as Senator, duty, ship for his beloved State of Arkansas. bama but also a deep and lasting honor, and valor are all words associ- The people of Arkansas have always friendship. Mike and HOWELL HEFLIN ated with HOWELL HEFLIN. been his priority and he has served have been among the closest friends This is a side of the proud HOWELL them well. and associates of the EXONs. HEFLIN that I know. That is a side that Farewell my friend. Pat and I wish Over the years, I think that there are I want his colleagues and history to you the very best for the future. few Senators with whom I vote with know. He is one of those who serves his f more frequently than with Senator country in time of need, and we must HOWELL HEFLIN. I value his opinion and never forget that. TRIBUTE TO SENATOR PAUL respect his views. He is not only a As I bring my Senate career to a SIMON mainstream Democrat, he is a main- close, I point to serving and knowing Mr. EXON. Mr. President, I rise stream American. people like HOWELL HEFLIN as one of today to say a few words regarding the Few Members realize that HOWELL the most wonderful benefits of being retirement of the senior Senator from HEFLIN is a bona fide war hero. If I may involved in politics. Illinois, PAUL SIMON. Mr. President, I would like to share a Having known HOWELL and Mike Hef- PAUL SIMON was first elected to the little story about the Senator from lin and knowing of their stature, and Senate in 1984 and I have been honored Alabama. A few years ago I had an op- character, having had them as friends, to serve with him for the past 12 years. portunity to lead a delegation to the means a great deal to me as I look Before entering the Senate, PAUL Pacific rim. HOWELL HEFLIN was a back on my life in public service and SIMON represented his constituents as a member of our group. We had scheduled see what really has been important. Member of the House of Representa- a stop in Guam for refueling en route I simply say that one of the great tives for 10 years. He will truly be to Manila. When we arrived, I was in- treasures of my life has been knowing missed by the people of Illinois and his formed that there would be a brief un- the Heflins. May God bless and keep colleagues in the Senate. scheduled ceremony for HOWELL HEF- HOWELL and Mike Heflin forever in his Over the years I have worked with LIN. grace. Senator SIMON on the Budget Com- It was anything but a brief cere- mittee. Despite his reputation as a mony. It was obviously one of the most f compassionate liberal who believes the important ceremonies that the Island TRIBUTE TO SENATOR CLAIBORNE Federal Government has an important of Guam has had, I suppose, since the PELL role to play in the lives of Americans, American forces drove out the Japa- Senator SIMON has not shied away from nese from that island during the war in Mr. EXON. Mr. President, when the following his personal convictions, the Pacific. There was a large entou- Senate concludes its business this year even if it meant going against the ma- rage of cars. I could not imagine what and adjourns the 104th Congress, we jority of his party. was going on. Finally, I began to get will be bidding farewell to one of the Senator SIMON has been a leading the feel of things. They wanted to take most respected and accomplished Sen- proponent of a constitutional amend- us out to the beach where the Amer- ators this institution has known. Sen- ment to require the Federal Govern- ican Marines landed when the United ator CLAIBORNE PELL’s decision to re- ment to balance the budget each year. States of America started taking back tire following the completion of his He has been guided by his common that very important and strategic is- sixth term has brought to a close a leg- sense, midwestern views on living with- land. islative career that is noteworthy for in your means. I, too, have been a long- We went out to the beach, and we saw not only its longevity but also its ac- time proponent of a balanced budget where they landed. This beautiful complishments. Whether in the area of constitutional amendment. Senator beach was once a bloody battlefield. student educational loans, arms con- SIMON’s ability to work with Members During the war the Marines had great trol or foreign affairs, Senator PELL on both sides of the aisle is unfortu- difficulty in landing. The coral reefs has distinguished himself as an effec- nately a diminishing quality among reeked havoc on the landing crafts and tive force in not simply representing Members of this body. on the men. the interests of Rhode Island residents PAUL SIMON has been a strong sup- Our delegation went to the museum but in authoring a national agenda de- porter of free speech as a Senator. He is out on the beach. We were greeted by signed to improve the quality of life for an author and began his career as a the mayor, the Governor and there was all Americans. newspaper editor and publisher. De- a small Navy band playing. In addition, Senator PELL’s colleagues know him spite his background, Senator SIMON there was a small tent with a number as a quiet, thoughtful man of strong in- has also been willing to criticize the of people from the Island of Guam who tellect and compassion. In his words television broadcasters over the exces- were there when the Americans landed. and by his actions, CLAIBORNE PELL has sive amount of violent programming. This celebration was not in honor of demonstrated an unyielding commit- PAUL SIMON has a special connection the Senate delegation but in honor of ment to serving the public good for the to my State of Nebraska. He was a stu- one of our Members, Senator HEFLIN. It past 36 years. This remarkable devo- dent at Dana College in Blair, NE. I was a moving sight. There was a big tion to serving the common good will know that Dana College appreciates his sign out there that I shall never forget. long be remembered by those of us who continued interest in the students and It said, ‘‘Welcome Back Our Liberating worked with CLAIBORNE PELL and la- the college over the years. Hero, Lt. HOWELL HEFLIN.’’ ment his departure from the Senate. I commend Senator PAUL SIMON for Because of all his other accomplish- After devoting so much of himself to his many years of dedicated service to ments, I suspect few of my colleagues improving the welfare of this Nation,

VerDate Aug 31 2005 00:20 Jul 01, 2008 Jkt 041999 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S25SE6.REC S25SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 25, 1996 CONGRESSIONAL RECORD — SENATE S11267 he can retire with the comfort of know- wasteful spending and keeping us on servative, has been willing to go ing that it is well-earned. the path of deficit reduction. against the majority of his party on f I commend BILL BRADLEY for his major issues while remaining true to hard work in the Senate and his con- himself and his constituents. HONORING SENATOR J. BENNETT tribution to our Nation. I expect that Pat and I commend Senator Alan JOHNSTON he will continue to participate in the SIMPSON for his dedicated public serv- Mr. EXON. Mr. President, it is with debate over important public policy ice over the years and wish him the great pleasure that I rise today to sa- issues. Pat and I wish him success in very best in his retirement. lute my departing colleague and dear all his future endeavors. f friend from Louisiana, Senator BEN- f TRIBUTE TO SENATOR MARK NETT JOHNSTON. HATFIELD It has been a sheer pleasure to serve TRIBUTE TO SENATOR ALAN for the past 18 years with BENNETT SIMPSON Mr. EXON. Mr. President, a record JOHNSTON. Since the time I came to the Mr. EXON. Mr. President, I rise number of our colleagues are retiring U.S. Senate in 1979, I have always ad- today to say a few words regarding the from the Senate this year. I am among mired BENNETT’s determination and retirement of the senior Senator from those who have voluntarily decided to rugged individualism. BENNETT JOHN- Wyoming, our own ALAN SIMPSON. It not return and I do so knowing how STON possesses many of the qualities all came back to me last evening when much I will miss the nearly day-to-day that make this institution great, not my neighboring State Senator came by contact with many of the great states- the least of which is his ability to com- a reception honoring me, adding his men and women our country has promise. usual good humor and sincerity. known. Some have called him the master of ALAN SIMPSON was first elected to I consider Senator MARK HATFIELD compromise. I, for one, have always ad- the Senate in the same year as me and among this pantheon of accomplished mired his ability to work both sides of I have been honored to serve in this public servants. While some may speak the aisle. And as we all know too well, body with him for the past 18 years. highly of Senator HATFIELD for his length of service to Oregon and the Na- a willingness to look past partisan dif- Senator SIMPSON has served the people tion as a whole, I have been most im- ferences is something of precious com- of Wyoming through his hard work and pressed by the strength of conviction modity in the Senate these days. dedicated efforts in matters of impor- he has brought to his job of U.S. Sen- Whether it was oil and gas price de- tance to his constituents and the ator over the past 30 years. The fire of regulation, the Supercollider, the American people. I am sure he will be purpose has burned brightly and con- Tongass National Forest, or nuclear missed by the people of Wyoming and sistently within Senator HATFIELD dur- waste disposal, BENNETT always delved his colleagues in the Senate. ing this time and, on so many occa- deep into the heart of the matter re- Through his service on the Judiciary sions too numerous to recount here, gardless of how complex or controver- Committee, ALAN SIMPSON has been the Senator HATFIELD’s voice has been the sial. While we may not have always Senate’s leading force in reforming our voice of the forgotten, the weak, and agreed on the issues, I have always immigration laws. His common sense approach to immigration reform has the disenfranchised. known I could rely on him, time and The steadfast humanity and moral been vital to cracking down on illegal again, for his wise and fair counsel. judgment Senator HATFIELD has dis- immigration. The highlight of the 1986 And, I did. played transcends political affiliation reform bill was a provision which made For over two decades BENNETT JOHN- or partisan alignment. From what I it unlawful for an employer to hire an STON has been a dedicated public serv- have observed of him during my own 18 illegal immigrant. For many years, I ant to the great State of Louisiana. As years in the Senate, I would sum up worked to place into law another com- the Nation moves toward the new mil- MARK HATFIELD’s credo in a simple and mon sense measure to prohibit illegal lennium, his service to this body and straightforward way: Senator MARK immigrants from receiving Federal this country will not be forgotten. HATFIELD has committed his energies I salute BENNETT JOHNSTON, and Pat benefits and I appreciate Senator SIMP- to the betterment of all persons and I wish him all the best for the fu- SON’s support of my efforts. through the fight against the destruc- Despite his moderate and bipartisan ture. tive forces of war, disease, ignorance approach, Senator SIMPSON has been f and want. This raising of the human the target of criticism from groups on condition, this crusade against need- TRIBUTE TO SENATOR BILL both sides of the immigration issue. less suffering and the ravages of man- BRADLEY ALAN SIMPSON’s willingness to push kind’s self-destructive tendencies, has Mr. EXON. Mr. President, it is with forward in the face of strong opposition been MARK HATFIELD’s rich legacy to great pleasure that I rise today to pay from many tells a lot about how seri- the Nation and the world. tribute to the senior Senator from New ously he takes his position as a public Above all else, I salute him for his Jersey, BILL BRADLEY, who will be re- servant. Without his determination, I unswerving dedication against heavy tiring at the end of this Congress. Sen- doubt we would have been able this odds at times to his dedication to end ator BRADLEY and I were elected to year to adopt such a strong, yet fair, nuclear testing, and without his stead- Congress in the same year, 1978, and it bill to crack down on illegal immigra- fast leadership the treaty that was has been a great pleasure and an honor tion with such overwhelming bipar- signed yesterday at the United Nations to have served three terms in the Sen- tisan support. This legislation will in New York would not have come to ate with him. serve as yet another testament to Sen- pass. Senator BRADLEY has distinguished ator SIMPSON’s dedicated efforts to I was there, and many people came himself as a thoughtful and outspoken bring illegal immigration under con- up to me and talked about this great leader on the issues of tax reform, edu- trol. accomplishment. To each and every cation, community revitalization and ALAN SIMPSON, while always fighting one of them I said I wished Senate du- crime reduction. He has also been a for what he felt was right and never ties would have allowed MARK HAT- vocal critic of wasteful Government being shy about speaking up, will also FIELD to be there along with myself spending. Senator BRADLEY and I share surely be remembered for his efforts to and Senator PELL. I know he was in- a keen interest in fiscal responsibility highlight the looming financial crisis vited. and concerns about the impact of the that is facing our Federal entitlement At year’s end, he will leave this insti- debt and deficit situation on our Na- programs. I strongly believe that the tution a lion among his peers. But lest tion’s future. I was pleased to have the disintegration of bipartisan coopera- anyone be fooled, beneath the chiseled opportunity to work closely with Sen- tion has seriously weakened the ability and proud visage of this lion is the true ator BRADLEY on line-item veto legisla- of this body to tackle the most dif- source of his strength, a compassionate tion. A form of this legislation was ficult issues facing our Nation and has heart that has kept him humble and signed into law this year and I believe led to far too many ill feelings. Senator grounded, his path straight, his words it is a crucial step toward eliminating SIMPSON, while undoubtedly a true con- true, and his conviction undiminished.

VerDate Aug 31 2005 00:20 Jul 01, 2008 Jkt 041999 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S25SE6.REC S25SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S11268 CONGRESSIONAL RECORD — SENATE September 25, 1996 The career of Senator MARK HATFIELD cation Act several years ago. Because my ranking member. We have agreed should be an inspirational model to all of her efforts and those of the Labor that we should pass H.R. 3719, the those who aspire to public service, for and Human Services Committee more Small Business Act and Small Business to follow in his footsteps is to embrace of America’s young people can seek the Investment Act amendments, with a all that is admirable in the pursuit of higher education they need to fulfill substitute. elected office and service to the people. their dreams. NANCY has also been will- Senator BUMPERS and I have tried to f ing to work on a very important issue accommodate all of the concerns of to me, Impact Aid. With her help and Members, both of the committee itself TRIBUTE TO SENATOR WILLIAM leadership, improvements to this pro- and of this body. It is vitally impor- COHEN gram were made so that the children of tant, if we are going to continue to Mr. EXON. Mr. President, the senior our military personnel have better edu- provide funding for small businesses Senator from Maine, BILL COHEN, is cational opportunities. through the SBA programs, that we among those Senators who have de- Senator KASSEBAUM comes from an move on this. cided to not seek another term in serv- honorable Kansas Republican family. I am advised that there are still some ice to their country. Senator COHEN Her father Alfred Landon served as clearances to be obtained on the other and I both arrived in the Senate in Governor and Presidential nominee. side. I serve notice on all my col- January 1979 and we have served to- Governor Landon and the legacy he leagues we are, we hope sometime later gether on the Armed Services Com- left, has been significantly enhanced by today, to proceed to unanimous con- mittee ever since. the way that his daughter has contin- sent to proceed with this measure so BILL COHEN’s skills as a United ued in his footsteps. we can continue small business financ- States Senator were evident from the Kansas will be losing a great Sen- ing efforts. beginning. His mastery of detail along ator, one who has served her constitu- I acknowledge my colleague from Pennsylvania has been waiting a long with his understanding of the larger ents well. Pat and I wish NANCY and time. I will not pursue this any fur- implications of legislative policies has her family all the best for the future. ther. But I want all of our colleagues made him a universally respected ora- f cle on a wide range of issues. His views to know that we hope to be able to get are no more revered, perhaps, than TRIBUTE TO SENATOR HANK consent to pass this bill and send it those in the area of national defense BROWN back to the House for final action, we and foreign policy. I can attest first- Mr. EXON. Mr. President, I rise hope by tonight, because this is vitally hand to how important Senator COHEN today to pay tribute to Senator HANK important. The PRESIDING OFFICER. The Sen- has been in furthering our national se- BROWN, the senior Senator from a ator from Pennsylvania. curity interests over the past two dec- neighboring State, Colorado, who is re- ades. There is no aspect of our collec- tiring at the end of this Congress. It f tive national security policy over this seems, out there on the plains, we are PARTIAL BIRTH ABORTIONS time that has not benefitted from Sen- dropping like flies. Mr. SANTORUM. Mr. President, I ator COHEN’s contribution. Whether in HANK BROWN’s service to the State of rise today to continue the deliberation the area of arms control or military re- Colorado and our Nation has ranged here in the Senate of the issue of par- organization or shipbuilding, Senator from the U.S. Navy and a tour in Viet- tial-birth abortions. We have had a dis- COHEN has displayed an effective abil- nam, to serving in the Colorado State cussion over the past several days in ity to analyze problems and propose Senate, the U.S. House of Representa- the Senate about this issue. I think it workable solutions that garnered bi- tives, and the U.S. Senate. More impor- is good that we continue the debate. I partisan support. This is BILL COHEN’s tantly, however, I understand that have asked for a time agreement for to- legacy to the United States Senate and Senator BROWN played some football morrow, and I hope we can get that, the country as a whole. while at the University of Colorado. from 9 to 2 tomorrow morning and into He has been a renaissance man of While Nebraskans are not usually hum- tomorrow afternoon, and then a vote at sorts during these past 18 years: A best- ble about football, I humbly acknowl- 2 o’clock. I know that is being hot- selling novelist and published poet, an edge that the Nebraska record against lined right now. I do not know if there articulate speaker, and a gifted legis- Colorado from 1958 to 1961 was 1 win has been any objection to that. But I lator. His departure will certainly de- and 3 losses. think 5 hours of debate is a reasonable prive the Senate of one of its most As the ranking Democrat on the Sen- period of time for both sides to get the meaningful and respected voices. I ate Budget Committee, I have had the opportunity to put forward their views have no doubt he will continue to be as privilege of working with Senator on this issue. I think, while we have successful in his future endeavors as he BROWN on several budget initiatives. I had some debate, and maybe we will has been as a United States Senator. believe he and I share a commitment to even have some more debate today, I f deficit reduction and responsible Fed- think this is such an important issue eral spending second to none. I appre- TRIBUTE TO SENATOR NANCY that that kind of time is necessary to ciate Senator BROWN’s hard work in KASSEBAUM really have the Senate work its will, this area and have enjoyed the oppor- for it to be a deliberative process and a Mr. EXON. Mr. President, I rise tunity to work with him on these most deliberative decision based on all the today to salute one of our departing important issues. HANK BROWN pos- information. colleagues and Senator from the neigh- sesses one of the keenest senses of As I said yesterday, there is a tre- boring State of Kansas, of course it is humor in the Senate. He is a delightful mendous amount of information, our own Senator NANCY KASSEBAUM. individual. frankly even still coming out, about NANCY and I have served together in I commend HANK BROWN for his hard this issue and about the number of the Senate over the last 18 years. I work in the Senate and his contribu- these procedures that are performed in have always admired her willingness to tion to our Nation and the State of this country. I think it is important look beyond partisan politics and work Colorado. I wish him success in all his for all Senators to realize exactly what to solve the problems at hand. She can future endeavors. we are voting on here and its impact, be proud of the recently passed Health Mr. BOND addressed the Chair. as I said yesterday, not only on what Insurance Reform Act. I have no The PRESIDING OFFICER (Mr. GOR- we will tolerate as a country, what doubts that this will be seen for a long TON). The Senator from Missouri. lines we will draw as to what is permis- time as a very important piece of legis- f sible in our society, in our civilization, lation. Finally, people will be able to but what it will say about the quality move from job to job without fear of SMALL BUSINESS INVESTMENT of life in our country. losing their health insurance. ACT AMENDMENTS While I was sitting here listening to Senator KASSEBAUM can also be Mr. BOND. Mr. President, as chair- some of the remarks, I thought about proud in the role she played during the man of the Small Business Committee, what I read last night in the House de- reauthorization of the Higher Edu- I am working with Senator BUMPERS, bate. Member after Member got up and

VerDate Aug 31 2005 00:20 Jul 01, 2008 Jkt 041999 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S25SE6.REC S25SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 25, 1996 CONGRESSIONAL RECORD — SENATE S11269 talked about: Well, you know, we are but 1,500 a year, just in one particular MORAN, who I was elected with when I talking about deformed fetuses—I will area of New Jersey alone—1,500 a year. first came to the House of Representa- talk about that later in my remarks— That fact was not known when the tives back in 1990. I will quote from his deformed fetuses, as if, because they Senate first deliberated. It was an im- statement on the floor of the House are not perfect, they are expendable. I portant fact that caused the change of just last week: opinion of one Member that was writ- found it sort of ironic that the very Mr. Speaker, I am very hesitant to speak people in the House of Representatives ten about by Cal Thomas today in the on this issue. who stood up and gave as a rationale Washington Times, Marge Roukema. I for allowing late-term abortions a de- served with MARGE during the 4 years I I share with Mr. MORAN that I was formity of a fetus, in many cases—in was in the House. Marge is a pro-choice very hesitant to speak on this issue. I fact, in most of the cases described by moderate Republican from New Jersey. had been a Member of the House for 4 the testimony—not fatal deformities Quoting Mr. Thomas: years and have been a Member of the but just deformities, those people who Representative Marge Roukema, a pro- Senate for 2 years. Never once, prior to say that a mother can abort a baby be- choice moderate Republican from New Jer- this issue, did I ever speak on the issue cause of that deformity are the same sey, decided that instead of voting in lock- of abortion. I have talked to several of step with the rest of her pro-choice col- my colleagues over the past few days, people who get up with passion—and I leagues, she would go beyond the admire the passion—who fight for the now that I have stood here talking sloganeering and the sound bites. Though about this and they, too, have told me, Americans With Disabilities Act be- Mrs. Roukema voted against the original bill ‘‘You know, RICK, I’ve never spoken on cause they believe people with disabil- banning partial-birth abortion—a procedure the floor of the Senate on this issue, ities can, in fact, contribute to our so- in which a fully formed baby is delivered feet but I feel compelled to do it this time.’’ ciety and who argue for IDEA because first— So I give credit to Mr. MORAN, a Demo- they believe children with mental dif- Scissors inserted in the head and the crat, pro-choice. ficulties or physical disabilities can, in brains sucked out— fact, contribute to the educational she switched sides and voted to override Continuing his talk: process of all children. President Clinton’s veto of the measure. For one thing, I have been associated with The reasons Mrs. Roukema gave for her Yet, when it comes to the very initial the pro-choice side throughout my legisla- change were as honest as they were pro- right—not the right to go to school, tive career, and I do believe that when the found. She said her concerns about pro- issue of abortion is considered, it really not the right to have a curb cut so your tecting the mother’s life had been an- ought not to be a legislative issue; it ought wheelchair can get from street to swered— street, but the right to live, the right to be a personal decision by a woman with In fact, there is a provision in the bill the advice of her physician, within the con- to be a citizen of this country—that is that was inserted by Senator Dole where they draw the line; that that is text of her religion and family. I do not be- when the bill came through that this lieve that this issue falls within that rubric, not an issue worth fighting for; that procedure would still be permitted if it within that context of decisionmaking. that disability is somehow so great were necessary to save the life of the that it is not worth fighting to protect He then says he agrees with Roe mother that disabled child from being deliv- versus Wade and describes the decision ered through this procedure feet first, putting the lie to pro-choicers’ charges of Roe versus Wade. I will continuing that the bill would jeopardize women’s lives. quoting: completely delivered up to the head. She also said she was satisfied that doctors The only thing remaining in the would not be prosecuted if the procedure What we are talking about now, though, birth canal is the baby’s head. A pair of were performed in dire circumstances. goes beyond that third trimester. We are scissors is taken and punctures the Mrs. Roukema said, ‘‘Over time, I’ve been talking about the delivery of a fetus clearly base of the skull. A catheter is then in- reading about this and informing myself. It’s in the shape and with the functions of a serted into the brain and the brains are a decision that was very difficult to make, human being. And when that human being is suctioned out. That brutal, gruesome, but I decided (partial-birth abortion) comes delivered in the birth canal, it cannot be barbaric procedure administered to a too close to infanticide.’’ masked as anything but a human being. baby from 20, 21 weeks on; in some She took the time to weigh the facts. We should not act in any legislative way cases, third trimester abortions, late As I said yesterday, I have a tremen- that sanctions the termination of that life. third trimester abortions in some dous amount of faith—a tremendous And that is why I urge my colleagues to vote cases. That is OK, because the baby amount of faith—in the U.S. Senate to override the President’s veto of this legis- lation. isn’t perfect. and its deliberative capabilities, and I Fortunately, in the House of Rep- have faith in every one of the Members I know that is not an easy thing to resentatives, many Members who voted here who will not be blinded or blocked do. I know it is not easy to get up and against this piece of legislation to ban into a position because they are pro- talk about those issues. What I also this procedure had second thoughts, choice or pro-life. know is I know it is not easy for people gathered more information, listened to This is not a pro-life, pro-choice to listen to talk about this issue. the testimony that was given, listened issue. This is an issue about a proce- One of the things that I think prob- to the new findings which I talked dure that is so barbaric and inhumane ably led me not to speak so much—not about yesterday in Richard Cohen’s ar- that if it were performed on an animal, so much—at all on the floor of the U.S. ticle in the Washington Post where he we would be hearing the animal rights Senate about this issue is because it is said when he wrote his original article activists storming the Capitol today. If so uncomfortable to talk about. I was back in June of last year, ‘‘I was under it were performed in another country, assailed yesterday by one of my col- the understanding that late-term abor- the human rights people would be say- leagues saying, ‘‘Well, you never deliv- tions were rare and they were only for ing we should have trade sanctions ered a child, and so you really don’t health and life of the mother reasons, against them until they stop it. And know what it’s like, and you really or that the child to be born would have yet it is performed in this country don’t have any standing to talk about no chance of surviving. But I find that thousands of times and in many, many it.’’ is not the case,’’ he says. He cited an cases, as I quoted yesterday from the article written by a colleague of his, a doctors in the Bergen County Record, It is true I never delivered a child, physician at the Washington Post, Dr. in most cases on healthy babies, but I have been there for the three de- liveries of my children with my wife BROWN. healthy pregnancies, and healthy We have another article written by a women who had no problem with their Karen, and I saw those children born. I woman with the Bergen County Record pregnancy but was purely elective. had the privilege of cutting the umbil- who said that in New Jersey alone this Other Members who are pro-choice ical cord in all three cases and holding late-term abortion procedure done, in stood up and took a very difficult posi- that little, vulnerable baby. Two of our many cases, on viable babies at 24 tion in support of the override of the children were born premature. We are weeks and older are not 500 a year, as President’s veto. lucky enough to have a fourth child on some of the pro-choice lobbyists would I give them a lot of credit for doing the way, and we follow the growth and have you believe, like Planned Parent- so, because it is not easy to stand up development of that child. hood and others who conveniently and draw a line. One such person was a No, I have never had a baby, but I am don’t keep close track of these things, Member from across the river, Mr. a father who understands what life is

VerDate Aug 31 2005 00:20 Jul 01, 2008 Jkt 041999 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S25SE6.REC S25SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S11270 CONGRESSIONAL RECORD — SENATE September 25, 1996 about. So while I may not have the and financial health. Health has been up in these debates, obviously, with standing that some in this Chamber be- broadly defined in this country to the reason. This is a very emotional sub- lieve I should have, I think I have point where it is not a limitation to a ject. I asked her three times, and I will every right to stand up for those chil- procedure at all. I think anyone who ask her again, because unfortunately dren as a father, as a citizen, and as a argues that fact knows fully well that she did not answer me any of the three Senator. So I will continue to do so. it is not a limitation. So the under- times yesterday. I said, let me give you This is a difficult issue because it lying premise of the health exception this set of facts: A partial-birth abor- pushes us to the edge and makes us so is a faulty one. Secondly, health is not tion is being performed—whether it is a uncomfortable to think about a viable a limitation. normal baby, a perfect baby, or a baby baby, not a blob of tissue an inch long, So in either instance, I could not ac- that has some abnormalities—and you not a little embryo, but a baby. My cept an amendment like that because, have a 24-week-old baby being deliv- wife—as I mentioned, we have three No. 1, it is not true, because the health ered feet first, everything is delivered, children—but my wife has had a lot is not endangered by doing some other the shoulders are then delivered, and more experience with babies than just procedure more than it is by doing this by some mistake of the obstetrician, our three children. For many years she one, and, No. 2, it is not a limitation. the head is also delivered. Would it be was a neonatal intensive care nurse in Let me read from some obstetricians the choice of the mother and the obste- Pittsburgh, PA. She worked in the who have commented on this health trician to then kill the baby? NICU unit, level 3, which is the most issue and life issue. Now, I think most people within the severe level, with the babies that are ‘‘I can’t think of any situation where you sound of my voice would clearly say, having the toughest time surviving. would have to carry out a specific, direct at- ‘‘No.’’ But if you say no, if it is so obvi- She worked with 24-week-old babies. tack on the fetus,’’ said Dr. James R. Jones ous, and is it not obvious? Does it not She even worked with a 23-week-old in an April 19 interview at St. Vincent’s Hos- just hit you? Of course not, of course pital and Medical Center in Manhattan. baby. She reminded me last night that not, absolutely not, not even a ques- Dr. Jones is chairman of the department of tion that the doctor at that point, with the eyes were still fused on that baby. obstetrics and gynecology at the New York That baby is alive today. Medical College in Valhallaran. . .and head a baby in its hand, and maybe just in She said, yes, it is a struggle for of obstetrics and gynecology for the hospital. one hand, moving, that that doctor could not kill that baby. those young babies. But they fought * * * * and they fought and they fought, so ‘‘Their intent is fetal death,’’ Dr. Jones Two or three inches, then, is the dif- many of them, and they did survive. said. ‘‘I can’t imagine that being an indi- ference between what some would say, What this procedure does to those lit- cated procedure for the saving of a life or ‘‘Of course not,’’ to ‘‘OK.’’ Two inches tle babies, if we allow that to happen in well-being of the mother.’’ He said it before, ‘‘OK,’’ two inches later, ‘‘Of this country—well, I hope we do not. amounted to ‘‘simply another elective abor- course not.’’ That is the line being tion’’ and was ‘‘practically infanticide.’’ drawn in this country now about life— The Senator from California yester- In cases of special difficulty, obstetricians day said that we could get a bill agreed about life. Is that the line that the U.S. can always resort to Caesarean delivery, he Senate, this great deliberative body, to here in the U.S. Senate just like said. Even if an obstetrician knows in a par- that if we just had a provision that ticular case that the baby is unlikely to live, this body that when I talk to people said, that in addition to protecting the he said, its death is not the intent and no di- from other countries look at this place life of the mother, that we added a sec- rect action is taken to kill the baby. and see this country as something they tion that said, ‘‘to protect the health Dr. Nancy Roemer, who I know has aspire to, something they want to emu- of the mother.’’ I attempted to re- testified before here, and in fact may late, that we cannot get two-thirds of spond, but I sort of ran out of time. I have been up on the Hill today—I do the men and women of this body to say would like to respond to that. not know that. I know there were some that 2 inches is too close of a call, that I will assure the Senator from Cali- physicians up here again to try to edu- that is too fine a line, that we have fornia that we could not get an agree- cate Members of this body who are gone over the line about what is right ment on that issue with Members who going to have to make this critical de- in our society? I think we as a body can do that. I voted for this legislation. The reason is cision, possibly tomorrow afternoon, as think we as a body can stand up and do very simple. No. 1—and I will read for to what the medical facts are, not some the right thing. I think Members who you physician after physician after information thrown out there by advo- have voted differently on this issue in physician who say that this procedure cacy groups attempting to influence the past can change their vote based on does not—does not—protect the health the debate, like Planned Parenthood, new information. of the mother. In fact, they would who put out, ‘‘Oh, there’s only a few Dr. Nancy Roemer said on the claim argue that in fact it greatly endangers hundred of these done,’’ when we find ‘‘medical necessity’’ that the President the life of the mother, more so than out the facts after the bill was passed has invoked and Members on the other other procedures, No. 1. and vetoed. The fact is, there are thou- side have invoked, ‘‘I am insulted to be No. 2, it also enhances the risk of in- sands of them done. In fact, as Richard told that I am tearing a woman’s body fertility and the inability to carry a Cohen said in his article in the Wash- apart by not doing this procedure.’’ child to term. ington Post yesterday, nobody knows. The ‘‘tearing a woman’s body apart’’ So even if you accept—I cannot ac- Conveniently, those people who per- line comes from a White House cere- cept the premise that there is a need form a lot of the abortions do not want mony where the President vetoed this for this procedure to save the health of to keep track of these kinds of abor- bill. ‘‘As physicians, we can no longer the mother. It is in fact contradicted, tions, do not want to keep track of late stand by while abortion advocates, the and it is in fact more threatening to second-trimester and third-trimester President of the United States, the the health of the mother to do this pro- abortions. newspaper and television shows, con- cedure. So to say this procedure is nec- It is inconvenient for their cause of tinue to repeat false medical claims to essary to do that puts forth a false as- trying to convince the American public Members of Congress and the public. sumption, and then you are asking me that these abortions only occur when This procedure is currently not an ac- to agree to it. I cannot agree with they are very early on, and we do not cepted medical procedure.’’ something that is not true. have a baby that looks like a baby. It The American Medical Association Second, what we have seen repeat- is not really a baby. At 24 weeks, it is legislative counsel said it is not a rec- edly in this country is that health of a baby. You can call it what you want, ognized medical procedure. It is done the mother is in fact not a limitation you can try to call it a choice, but it is in abortion clinics, as many of the doc- at all; that health of the mother a baby. tors have said here, for the convenience means, yes, physical health, but also I asked the Senator from California of the person performing the abortion. mental health, social health in the yesterday three times—and I really do A search of medical literature reveals no sense that if it is a young girl who not want to be combative. I really mention of this procedure, and there is no wants to have this procedure, that we want the Senate to try to deliberate critically evaluated or peer review journal have to worry about her social stand- thoughtfully, to try to remove some of that describes this procedure. There is cur- ing in order to allow this to happen, the emotion that always gets wrapped rently also no peer review or accountability

VerDate Aug 31 2005 00:20 Jul 01, 2008 Jkt 041999 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S25SE6.REC S25SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 25, 1996 CONGRESSIONAL RECORD — SENATE S11271 of this procedure. It is currently being per- I yield the floor. the unregulated abortion industry to formed by a physician who is not an obstetri- Mr. NICKLES addressed the Chair. save them the trouble of ‘counting the cian. It is in an outpatient facility behind The PRESIDING OFFICER. The Sen- body parts’ that are produced in dis- closed doors and no peer review. ator from Oklahoma is recognized. memberment procedures.’’ That is what Dr. Roemer says about Mr. NICKLES. Mr. President, I wish That was in a letter to U.S. Senators the necessity for this procedure and to compliment the Senator from Penn- on November 4, 1995. She says in the the appropriateness of this procedure. sylvania for his courage in taking on same letter, ‘‘Opponents have insinu- Let me quote another physician who this very sensitive and yet very impor- ated that aborting a live human fetus happens to also be a Member of Con- tant issue. It is an issue that we deal is sometimes necessary to preserve the gress, and that is Dr. COBURN from with in the Senate, maybe with some reproductive potential and/or life of Oklahoma, who spoke last week on the reluctance, but it is certainly an issue the mother. Such an assertion is decep- floor of the House of Representatives. that deals with life and death. The Sen- tively and patently untrue.’’ Mr. Speaker, I have spent the last 18 years ator from Pennsylvania is trying to In a July 9, 1995, letter to Congress- of my life, including a great deal of time of save the lives of innocent, unborn, al- man TONY HALL, a registered nurse the time 2 years while I have been in this most-born human beings. He is trying who had observed Dr. Haskell, who has Congress, caring for women who deliver ba- performed over a thousand partial- bies. I personally have been involved in over to see that the overwhelming opinion of a majority of the American people is birth abortions himself, perform sev- 3,000 births that I attended. I have seen every eral partial-birth abortions, described complication and every anomaly that has upheld—in this case, outlawing the been mentioned in this debate on partial- most gruesome type of abortion pos- one such procedure. Again, this is birth abortion. sible. somebody who was assisting the abor- I am not standing here as someone who is I was doing a little homework on tionist. She saw the procedure. pro-life. I am not standing here as someone this. I compliment the Senator from The baby’s body was moving. His little fin- that is a freshman Republican. I stand here gers were clasping together. He was kicking New Hampshire, Senator SMITH, for his today to make known to Members that they his feet. All the while, his little head was can vote against an override for only two leadership on this issue because he stuck inside. Dr. Haskell took a pair of scis- reasons on this bill: One is that they are to- made a lot of us aware that this prac- sors and inserted them into the back of the tally misinformed of the true medical facts; tice was ongoing—a practice that peo- baby’s head. Then he opened the scissors up. or that they are pro-abortion at any stage ple who are opposed to this ban, who Then he stuck the high-powered suction tube for any reason. don’t want to see any restriction of into the hole and sucked the baby’s brains The facts will bear this out. That is not abortion whatsoever, say rarely ever out. meant to offend anybody. If someone feels happens. I don’t think that is the case. That is this procedure. That is grue- that way, they should stand up and speak some. That is cruel. That is killing an that truth. But this procedure, this proce- As a matter of fact, I have a couple dure is designed to aid and abet the abor- comments that show there are thou- innocent baby that is only seconds or tionist. There is no truth to the fact that sands of these abortions performed inches away from delivery. this procedure protects the lives of women. every year. But in learning a little bit The American Medical Association’s There is no truth to the fact that this proce- about the practice, it is really grue- Council on Legislation, 12 members, dure preserves fertility. There is no truth to some. The doctor—I don’t want to call thoroughly considered H.R. 1833 and the fact that this procedure, in fact, is used voted unanimously to endorse the bill. it a doctor. The abortionist has to go on complicated anomalous conceptions. This After their action became public, they to some trouble to make sure the baby procedure is used to terminate mid and late reconsidered the matter and voted is not totally delivered. It is not an second-term pregnancies at the elective re- unanimously again to endorse the bill. quest of a woman who so desired—in some easy process. If the baby’s head comes cases, I might add, third-trimester abortions. Although the full AMA Board of Trust- out, then you have a live child. Before ees decided to take a neutral stance, This has nothing to do with women’s emo- that, you have a live fetus, by their tional health. This has to do with termi- the Senate does have the benefit of the nation of an oftentimes viable child by a definition. So they have to hold the carefully considered judgment of the gruesome and heinous procedure. baby’s head in, in order to kill the AMA Council on Legislation on the What we should hear from those who are baby, extract the brains from the head bill. The AMA Legislative Council did going to vote against overriding this is that of the baby, and then remove the dead not call for more time in which to they agree, that they agree that this proce- baby. This is happening thousands of dure is an adequate and expected procedure study the bill. They had all the facts times in our country. they needed to make a judgment. And that should be used, and that it is all right We passed a ban. Congress over- to terminate the life of a 26-week fetus, that so does the Senate. This bill should be otherwise the physicians would be held liable whelmingly passed a ban to stop this passed. The President’s veto should be under the courts of every State to not save gruesome, painful procedure. Unfortu- overridden. its life should it be born spontaneously. nately, President Clinton vetoed the Mr. President, some people say that This debate is not about the health of ban. I think he was wrong. Dr. Koop partial-birth abortions are done in the women. This debate is about mentioned that he thought maybe order to save the life of the mother, or whether or not true facts are going to President Clinton had bad advice. I to protect her health. President Clin- be discussed in this Chamber on the think he had bad advice, and I also ton used that as an excuse in his veto. basis of knowledge and sound science, think he was basically coopted by the I will give you a quote. According to rather than a political end point that groups who call themselves pro-choice. the Physician’s Ad Hoc Coalition for sacrifices children in this country. I know a lot of individuals who classify Truth, a coalition of about 300 medical That is an obstetrician. I have a let- themselves as pro-choice that want to specialists, including former Surgeon ter here signed by 4 obstetricians of an see this procedure stopped. They are of- General C. Everett Koop, they em- organization called PHACT, which is fended by this procedure. phatically state that even in cases in- the Physician Ad Hoc Coalition for Let me make this one comment. Dr. volving severe fetal disorders partial- Truth. It lists scores and scores of OB/ Pamela Smith, an obstetrician at Mt. birth abortion is never medically nec- GYN’S, who are against this proce- Sinai Hospital in Chicago, and Director essary to protect a mother’s health or dure—and speak in very graphic terms of Medical Education in the Depart- her future fertility. Never. These are against this procedure—including 123 ment of Obstetrics and Gynecology at the professionals. They say that a par- members of the American College of that hospital, testified before the tial-birth abortion is never necessary Obstetricians and Gynecologists. They House Judiciary Subcommittee on the to protect the mother’s health or fu- say the same thing: ‘‘This procedure is Constitution that even when describing ture fertility. not necessary to preserve health, fer- the procedure to groups of pro-choice Dr. Martin Haskell—who I spoke tility, or the life of a mother.’’ physicians, she found that ‘‘many of about early and who performs partial- I see the Senator from Oklahoma them were horrified to learn that such birth abortions—one of the major pro- here. I have more things to say, but I a procedure was even legal.’’ That is in ponents and practitioners of this tech- have been on the floor for a while, and the House report 104–267, page 5. nique, states that some 80 percent I want to give him an opportunity to As Dr. Smith further points out, which he has performed were for purely speak. I will continue talking about ‘‘partial-birth abortion is a surgical elective reasons. That was in an inter- this at a later time. technique devised by abortionists in view with AMA’s American Medical

VerDate Aug 31 2005 00:20 Jul 01, 2008 Jkt 041999 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S25SE6.REC S25SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S11272 CONGRESSIONAL RECORD — SENATE September 25, 1996 News, July 5, 1993. His late colleague strictions on abortion; that if you can’t regard to certification by the Olympic and fellow proponent of the partial- have this restriction, then you should committees of activities that can occur birth method claimed in material sub- not have any restriction, period. That in association with the Olympics. mitted to the House subcommittee means abortions for sex selection. That For example, if a movie is made in that nonelective reasons to perform means abortion on demand for any rea- one of our national parks, is there any the procedure include psychiatric indi- son. Abortion is a method of birth con- contribution given to that national cations, such as depression and pedi- trol; in this case birth control when park to that movie? If there is a pic- atric indications, that is, the mother is the baby’s head is only a few inches ture of an automobile, a new model young. from delivery; maybe just a few sec- portrayed in front of Mount Shasta, is Mr. President, one other comment. onds. Maybe the doctor is keeping the there a contribution from Chrysler, Some of the people who have advocated baby’s head in so that life can be de- Ford or General Motors to that park? that this procedure should not be stroyed inside while the baby’s head is This is the innovative approach that banned say it is very rare. I think they still in the mother instead of just a few we are hoping to prevail in the Na- are incorrect. The stark fact is that seconds later when it would be recog- tional Park Foundation Act to help unless this bill becomes law, more in- nized as murder. fund our parks, not to commercialize nocent unborn children will have their Mr. President, how can you say when the parks. We are not going to have the lives brutally ended by the inhumane the baby’s arms and legs are kicking park sponsored by ‘‘Joe Blow’s Gas partial-birth procedure. During last that it is not a live baby? We need to Station,’’ or something of that nature, year’s debate, the New York Times protect the lives of those innocent chil- I assure you. It is going to be in keep- quoted the pro-choice National Abor- dren. We need to override the Presi- ing with the intention of the park. tion Federation as saying that only dent’s veto. Mr. GORTON. Mr. President, will the about 450 partial-birth abortions are Mr. President, I yield the floor. I sug- Senator, while he retains the floor, performed each year. However, two gest the absence of a quorum. yield for a question? lengthy investigative reports published The PRESIDING OFFICER (Mr. Mr. MURKOWSKI. I am pleased to last week in the Washington Post and ABRAHAM). The clerk will call the roll. yield to the chairman of the committee the Record of Hackensack, New Jersey, The bill clerk proceeded to call the of jurisdiction on parks. reporters for both newspapers found roll. Mr. GORTON. Mr. President, I want that the procedure is far more common Mr. MURKOWSKI. Mr. President, I to say to my dear friend, the distin- than pro-abortion groups have indi- ask unanimous consent that the order guished colleague from Alaska, how cated, and is typically performed for for the quorum call be rescinded. much I have admired all of the work nonmedical reasons. The PRESIDING OFFICER. Without that he has done as the chairman of The Record found, for example, that objection, it is so ordered. the Committee on Energy and Natural a single abortion clinic in Englewood, f Resources, and especially for his dedi- cation to putting together and crafting New Jersey, performs at least 1,500 par- THE OMNIBUS PARKS BILL tial-birth abortions per year—three a bill with a wide-ranging impact on times the number that the National Mr. MURKOWSKI. Mr. President, I our national parks and on other rec- Abortion Federation had claimed occur am waiting for one of my colleagues. reational land, and lands that are ap- annually in the entire country. Doctors But in the interim I would like to bring propriate for preservation. I know how at the Englewood clinic say that only a to the attention of the Members the much that he wanted also to pass and minuscule amount are for medical rea- prospects again for addressing the 126 have included provisions that are very sons. One of the abortion doctors at individual bills in the omnibus parks important to him and to the people he that clinic told the Record package. represents in Alaska, and to other Most are Medicaid patients, black and This has been the culmination of Members of this body. white, and most are for elective, not medical some 2 years in the committee of juris- I must confess that I felt that his reasons: People who didn’t realize, or didn’t diction, the Energy and Natural Re- ambitions were as great as they were care, how far along they were. Most are teen- sources Committee. As a consequence worthy and that they were very likely agers. of that effort we are on the eve of initi- to cause this body to not be able to act Mr. President, it is unbelievable to ating an action in this body that would on many of these matters. As a con- me that this unspeakable abortion pro- result in the passage of this very im- sequence at the request of a number of cedure even exists in this country, portant legislation which clearly is the Members of both the House and Senate, much less that we have to take legisla- most significant environmental pack- I have seriously considered whether or tive action to ban such a procedure, as age with some 126 bills that has come not it is appropriate to include in the well as attempt to override a Presi- before this body. Department of the Interior portion of dential veto. As a continuation of my previous re- our appropriations bill at least some of It is further unbelievable to me that marks, the conference-adopted amend- the important and not so controversial anyone in good conscience can even de- ments in sum serve to ensure that this elements of that bill. I do have a par- fend the partial-birth abortion proce- legislation will rectify particularly the ticular interest—not that of a con- dure. It is a fiction to believe that it is accumulation of inadequate funding stituent interest—in one part of that. all right to end the life of a baby whose which now totals some $4 billion nec- The Presidio portion of that bill is very body, except the head, is fully deliv- essary to maintain our parks in a man- important because the Presidio is by ered. In order to engage in such a fic- ner which is in keeping with the far the most expensive of our national tion one has to take the position that uniqueness and oftentimes the sanctity parks and takes up a tremendous the curling fingers and the kicking legs of those areas. amount of the appropriations in which have no life in them. Those who sub- One of the amendments adopted and I supervise and oversee and chair in scribe to such a fiction are at best ter- totally submitted by the Senator from this body. To get the kind of commu- ribly misguided. It is time to end this Arkansas, Senator BUMPERS, which ad- nity participation in San Francisco injustice and the practice of this proce- dressed concerns of the National Park that we have desired to take some of dure. I urge my colleagues to join us in Foundation Act, is evidence that that the burdens of the local aspects of the voting to override the President’s veto. amendment would serve to ensure that Presidio off our hands so that we can Mr. President, I agree with my col- the legislation would not lead to un- better fund other national parks is im- league, Congressman TOM COBURN, who warranted commercialization of the portant. So that was one element of has delivered over 3,000 babies. He is parks, or abuse by corporate sponsors. the bill that we proposed to include. still an active obstetrician. He is a pro- The theory, Mr. President, here is that I have been as delighted, however, as fessional in this area. He said this pro- this legislation would be implemented I was surprised at the ability of the cedure is never, never called for. It is in such a way that it followed very Senator from Alaska now to put to- never necessary. He knows. The people much that patterned after the national gether a conference committee report who are supporting this procedure are Olympic committees which authorize which is ready to be reported and de- saying we should never have any re- certain very select stipulations with bated in the Senate. I simply say to my

VerDate Aug 31 2005 00:20 Jul 01, 2008 Jkt 041999 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S25SE6.REC S25SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 25, 1996 CONGRESSIONAL RECORD — SENATE S11273 colleagues they are not going to get longer than that. I want to assure my doned, the grazing bill which was aban- the half or quarter loaf that was a pos- friend from Washington that those doned. Unfortunately, communities in sibility in the appropriations bill. This items that the administration identi- our Western States are not too happy was an alternative if the conference fied as items, in their opinion, war- about this. A portion of Minnesota will committee could not work a way out. I ranting a veto—the Tongass was one, not have the benefit of motorized por- am as committed and as dedicated to Utah wilderness, grazing, the Min- tages in the Boundary Waters Canoe the passage of the entire bill that the nesota boundary waters—all have been Area. In my State, the Ketchikan con- Senator from Alaska as the chairman removed. I am sure if the administra- tract extension provision was left on of the committee has submitted, I tion wants to find something to veto, the table because the President made it hope, almost as much as he is. It is, in why, they will choose to do that, but clear that he would veto the entire bill. the vernacular, the only train through they should also bear the responsibility This meant as many as potentially town during the rest of this session, of accountability for the very positive 4,000 jobs—1,000 direct, 3,000 indirect— and I hope the Senate will soon be able aspects of this bill which do represent would be the result of not including to take it up and be able to pass it. some 41 States’ interests and 126 indi- that contract extension. Those are the With that, I yield. vidual participations in this portion. only year-round manufacturing jobs we Mr. MURKOWSKI. If I may respond I thank my friend from Washington have in the State. As a consequence, I to my colleague with reference to the for his statement relative to the fact feel very badly about this. These are Presidio in relation to the trust which that this is the train. It has left the jobs that this administration sacrificed is authorized in the legislation, it is station. I encourage my colleagues to in my State, in my opinion, to appease my understanding the proposal advo- recognize that, if we do not do it now, an environmental lobby, which I think cated by some for the Government to it simply will not get done. I thank my is unfortunate because the environ- manage that facility was somewhere in friend from Washington. mental lobby has attempted to instill the area of $1.2 billion. The intention of I will conclude my references with fear instead of reality and logic. There the trust will be to use some of the ex- the remainder of my statement, Mr. is a very positive reaction which could traordinarily talented people in San President, relative to a little more en- result from the Ketchikan contract ex- Francisco who are knowledgeable on fi- lightenment on the issue. I again refer tension leading to advanced technology nance, development, and environ- to the National Park Foundation Act in other mills. But, for reasons that are mental concerns to come together and and the aspects of ensuring that we quite obvious, the objective is simply operate this similar to the Pennsyl- will get the balance necessary to en- to terminate harvesting of all timber vania Avenue effort here in Wash- sure that the parks are not victimized in forests. And this administration and ington that has been so effective in re- by commercialization associated with the environmental community seem to juvenating the downtown area. Obvi- this amendment, which would simply be hell-bent to achieve that. ously, the people of San Francisco are relieve some of the appropriation proc- The administration seems to have closest to that and the justification for ess to ensure that the funds can be con- continued to oppose any value-added that application working, I am satis- tributed by appropriate corporate spon- use of the Tongass National Forest. I fied, having met several people that I sors related to legitimate activities think it is difficult, and sad, when the that are allowed in the parks similar to assume would be appointed by the Government turns its back on the men what I have described relative to movie President if, indeed, the Presidio pack- and women who have built commu- background and the tradition there has age becomes law. nities and towns and made them liv- been no consideration given to the Mr. GORTON. The Senator from able for those who come after. I think parks for that and other types of ac- Alaska is entirely correct. The Na- tivities in keeping with the sanctity of it is a harsh action. It is one without tional Park Service is not set up to be the park. compassion. And the explanation is, the manager of the extensive and var- I do want to expand on one more well, if there are people suffering, we ied kinds of buildings that are found on item of major importance which I will simply write a check; we will pro- the Presidio, very expensive to keep think some would suggest is as impor- vide funds to offset their loss of jobs up, very expensive in requiring a great tant to some extent as the Presidio and through various types of assistance. deal of sensitivity to lease or to rent in that is the California bay delta envi- That is not what built America. That a way that is consistent with the land ronmental enhancement legislation is not what built my State. It is not around and in the Presidio itself. So which is in there. This provision is what is going to continue to maintain the trust is clearly the right way to go, backed by virtually everyone and is our area. There are certain limitations and that is the leading element of the equal to or certainly on a par with the on what taxpayers should be expected bill that the Senator from Alaska has Everglades initiative in its significance to do given what people want to do to reported. It is by no means the only because those of us who are familiar help themselves. I think it is dis- one. As I understand from his notes, as with the bay area recognize what this appointing the administration has cho- many as 41 States may have projects bay delta environmental enhancement sen to turn its back on our workers, that are helped by that bill. I hope, as legislation would do to clean up the again, effectively killing our only year- the Senator from Alaska does, that the bay. The authorities in this bill will round manufacturing/processing plant Senate will take it up promptly and allow for massive restoration, massive in the State. will pass it promptly and it will be cleanup in San Francisco Bay and the So, we have come full circle in the signed by the President. But in any delta region. Tongass. Some of my Alaskan friends event, that is the only way we are As I have indicated in the colloquy will reflect on the time when we were going to get from here to there. with my friend from Washington, this a territory, prior to 1959. They had a Mr. MURKOWSKI. I thank my friend legislation touches nearly every State couple of sawmills. There was no real from Washington. I remind him, too, in the Nation, and while we attempted available timber at that time. There that Washington has some other inter- to address the concerns of all of our was no demand at that time. The For- ests. There is the Vancouver Reserve colleagues, as I have indicated, some of est Service was not structured to any establishment and the Hanford Reach the items fell by the wayside either be- extent at that time. The theory was: protection that are associated with the cause we could not agree among our How can we develop some jobs, some State of Washington exclusively. There conferees, the House and Senate could tax base, an economy in southeastern are currently 126 individual bills in this not agree, or the administration could Alaska? package, and the significance of it, as not agree. Of course, as I have indi- After the war, they began to look the Senator well knows, is the result of cated earlier, President Clinton made north towards the pulp stands. I might a great deal of individual Members’ and it very clear that if certain provisions add, 50 percent of the standing timber staffs’ time, commitment, and hearings were included in the package, he would is in the form usable for pulp. It does that have resulted in the last 2 years of veto the entire effort, no matter how not meet sawmill requirements. It has effort. meritorious. virtually no other use than dissolving Now, some of my friends tell me they As I indicated, we addressed that in pulp. The question is, are we going to have been at their individual bills the wilderness bill which was aban- allow this 50 percent of timber in

VerDate Aug 31 2005 00:20 Jul 01, 2008 Jkt 041999 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S25SE6.REC S25SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S11274 CONGRESSIONAL RECORD — SENATE September 25, 1996 southeastern Alaska to be exported to cott, which is now the seventh largest of the issues, some of these bills to be the pulp mills in the south 48, Wash- producing field in North America. The taken out of the omnibus parks pack- ington, Oregon, British Columbia? footprint is 54 acres. If we could de- age and put in the reconciliation pack- The head of the Forest Service, who velop, with the technology we have, age as a consequence of work underway later became Governor in the State of the ANWR area would be 12,500 acres or by the Interior Appropriations Sub- Alaska, Governor Hickel, initiated a less, about the size of the Dulles Inter- committee, you have just heard the plan to establish four pulp mills in national Airport if the rest of Virginia Senator from Washington, the chair- Alaska. Two of those were built. Two were wilderness. Those are the dimen- man of that subcommittee, indicate years ago, under environmental opposi- sions. That is the technology. We will that this is the only train moving. He tion, the Sitka mill was closed. Today, pay the piper and the environmental is not going to take bills out of this or in the not too distant future, we are groups will not take any of the respon- portion and put them in the Interior about to see the termination of the one sibility. appropriations bill and put it on the remaining mill, the Ketchikan pulp Their cause is fear. They have been CR. mill. So we made full circle to where very effective. And those of us who This is the train that is moving. We we were when we were a territory. We have tried to be a little more objective, are ready to move with it. If you are have no utilization of 50 percent of the I guess, have failed. That is where we going to hold up the train, you have to timber, other than to export it to mills are, certainly, on this issue, with the bear the responsibility for 41 States in the Pacific Northwest and British loss of our only manufacturing plant. that are affected here—37 to 41, depend- Columbia, exporting our jobs, export- In conclusion, all the controversial ing. Some of them are double-counted, ing our tax base. items have been removed from this like New Jersey and New York, because There are a lot of unhappy Alaskans bill. The administration may not like they affect both States, or the 126 indi- as a consequence of the inability of every detail of every provision, but in vidual bills that are in the package. this administration to consider the total it is a very acceptable, very pro- I encourage my colleagues to either merits of extending the contract so the found, very worthwhile package be- come to the floor and indicate why $200 million investment can be made in cause it is for our parks and for re- they find it unacceptable, or face up to a new mill. source conservation. It addresses the the opportunity we have now and pass So, the administration eliminated concerns of our national parks and our it now. Procedurally, the last point I the chances for the pulp mill contract public lands. I guess it also represents want to make is, if there is a motion extension because there are certainly what is wrong with our system, be- that prevails to recommit, the package not enough votes in a Presidential elec- cause Member after Member will come is dead. It is over. That is it once and tion year to override a Presidential to me, as does the media, and say: Why for all. It is gone. We have lost our op- veto. I think it is truly regrettable did you have to have this huge package portunity. I yield the floor. that this administration has seen fit to of bills? Why did you not pass them Mr. COATS addressed the Chair. make Tongass management an election out? You are the chairman of the com- The PRESIDING OFFICER. The Sen- issue, to pander to some of the extreme mittee. ator from Indiana. environmental groups who have estab- In deference to all of us, we know Mr. COATS. Mr. President, may I in- lished themselves in our State. I think how this place works. Virtually every quire what the procedure is at the cur- we have 62 of them now. If you are not bill we reported out, every one of these rent time? in Alaska, you are not a legitimate en- 126 bills that are in the package, have The PRESIDING OFFICER. The Sen- vironmental group. They send their had holds placed on them after we ators can speak in morning business. lawyers up to do missionary work, be- moved them out of committee, re- f cause everybody has a little different ported them out of committee. This is view and vision of Alaska. Their vision a right, under the rules of the Senate, PARTIAL-BIRTH ABORTION is that somehow Alaska should not be but that is what is wrong with the Mr. COATS. Mr. President, I would subject to any responsible resource de- process. So, after our efforts to untan- like to take a few minutes to speak on velopment. Whether it be timber, oil gle this and put it together and take the issue that we will be debating at and gas, mining, we cannot do it safely, away those items that were poison pills some length tomorrow, partial-birth really selling American technology that the administration addressed, we abortion. My understanding is we have short. They use their presence, then, presented the package as a con- reserved a considerable amount of time for their cause or causes, raising sequence of the conference last night for debate tomorrow. money and increasing membership by and our ability to have the House ac- I think it is important we have that advanced rhetoric, fear tactics that we cept and send over the package. debate. Clearly, we are heading toward cannot do it safely. We had one senior Senator who perhaps one of the most difficult, but Mr. President, we are currently 51.4 placed a hold on committee bills be- most important, votes in the U.S. Sen- percent dependent on imported oil. In cause of totally unrelated bills which ate, difficult because it deals with an 1973, we were 36 percent dependent on the full Senate eventually voted, 63 to issue of such immense consequences imported oil. The Department of En- 37, to pass. that I think it is important that each ergy says by the year 2000, 4 years The abuse of the hold has contributed Senator focus very clearly on the issue away, we will be 66 percent dependent to the construction of this package. I at hand. on imported oil. guess one bill cannot move without an- This is not another one of those We are exporting our jobs, we are ex- other and another and another. The issues where I think anybody can just porting our dollars, we are exposing system needs repair so the Senate can simply say, ‘‘Well, I’m pro-life.’’ ‘‘I’m the national energy security interests proceed to meritorious legislation in a pro-choice.’’ ‘‘What is the pro-life of this country to the whims of the timely fashion on the merits of each vote?’’ ‘‘What is the pro-choice vote?’’ Mideast that we have become so de- individual bill. ‘‘Tell me what that is and I’ll vote and pendent on. We will pay the piper. The I see other Senators waiting. This walk off the floor and go on with my public will blame Government. They Senator has been waiting to bring the business.’’ In my opinion, whether you will blame the industry. We have been Presidio package before this body since are of the pro-life persuasion or the producing 25 percent of the total crude 1 o’clock. I understand there is some pro-choice persuasion, this issue deals oil for the last 18 years. It is in decline. concern on the other side of the aisle. with something of even greater con- We can replace it. We have the know- We have not heard an expression of sequence than that issue which is of ex- how. But America’s environmental what that concern is. As I have indi- treme consequence. But this deals with community says no. cated, if they are looking for an excuse something beyond the normal discus- They do not say no with an alter- to hold it up, veto it, then let’s say so. sion that has taken place on the issues native; they simply say no, because it Let’s say so. Let’s have it out. I am that would be categorized under the generates membership and the Amer- sure they can find one. ‘‘pro-life, pro-choice’’ issues. ican people cannot go up and look at it. But if not, as the Senator from Wash- The President’s veto of legislation They cannot go up and look at Endi- ington said, if you are expecting some passed by the Senate and passed by the

VerDate Aug 31 2005 00:20 Jul 01, 2008 Jkt 041999 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S25SE6.REC S25SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 25, 1996 CONGRESSIONAL RECORD — SENATE S11275 House of Representatives banning par- about several thousand, if not tens of people of different color, and we have tial-birth abortions, except in the case thousands, of these procedures occur- brought them into the full civil rights where the mother’s life is jeopardized, ring every year. This is data that was of the Constitution and of people in forces us, I believe, to confront a fun- not available to us when we discussed this Nation. damental question of whether we will this issue on the floor previously. We have extended those rights to have a society that is civilized or one Mr. President, it was the Washington people of the other gender, women in that is uncivilized. Post that reported that it is possible, terms of their rights and ability to It is of such great importance and and I am quoting, ‘‘and maybe even vote. Our impulses have extended such consequence that I urge every likely, that the majority of the partial- rights to those who are disabled. The Senator to examine carefully the birth abortions performed are per- Americans With Disabilities Act ex- facts—not the rhetoric—but the facts formed on normal fetuses, not on tends those rights. But the history of surrounding this issue. Facts that fetuses suffering genetic or develop- civil rights in this country has been an were—at least information that was mental abnormalities. Furthermore, in ever-widening circle of inclusion. purported to be fact during the original most cases where the procedure is used, Yet, for the most defenseless in our discussion of this issue have now fallen physical health of the woman whose society, for the smallest, the weakest to new information, information that pregnancy is being terminated is not in of our society, we refuse to extend that has indicated to us that we did not jeopardy. In virtually all cases, there right. And in this situation, in the case have all of the facts at hand when we are alternative ways to perform the where the child is clearly beyond the made that original vote. Hopefully, abortion safely.’’ age of viability, under any definition, that will cause some Senators to recon- This is only part of the evidence that when birth of the child simply means sider their vote. It certainly has caused has been supplied to us and provided to an extended hospital stay until the some of those who have examined the us that was not available when we de- child is a little stronger and able to go subject and written about the subject bated the issue earlier. I suggest this home, with his or her mother, we have to reconsider their position. new data is something that every Mem- a situation where, in most instances, Richard Cohen, who less than a year ber of the Senate ought to very care- for the sake of convenience that child’s ago, during the time of debate on the fully consider, because if a decision to life is terminated. partial-birth question, wrote an article support a procedure, a medical proce- But, Mr. President, I do not mean to which was published in the Washington dure, which, as Senator MOYNIHAN has imply that this is a matter of numbers, Post, and probably in other periodicals suggested, really borders on infan- that even if there were only 660 abor- around the country, justifying his con- ticide—taking a child, sometimes five, tions performed on an annual basis clusion that the partial-birth abortion six or even more months of gestation, a that that would justify that procedure. procedure was justified. child that, if born, would, in most in- Because even if one abortion were per- But after examination of what he stances, easily survive, easily be nur- formed using the medical procedures called ‘‘new data about this type of tured to complete health—if that hap- used in partial-birth abortions or per- abortion,’’ he wrote a second article in pened at that stage, then we clearly formed at the age of the child which which he admitted to having been mis- would have a situation that would re- these abortions are performed, even if led by the data supplied by, and I quote quire no medical procedure, no abor- there was only one, we ought to have his writing, ‘‘the usual pro-choice tion procedure. this debate on the Senate floor. And we groups.’’ Yet, that child is, under partial-birth ought to have this vote, because this is Ruth Pabawer, writing for the Sun- abortion, almost born, is within 3 a procedure that it is now clear is a day Record in New Jersey, after exten- inches and 3 seconds of birth and then sive investigation determined that procedure that takes the life of a living killed, terminated. That life is termi- ‘‘interviews with physicians who use human being, a human being fully via- nated. The heart is beating, the brain the method’’—that is the method of ble, fully capable of living on its own. If this procedure were performed in partial-birth abortion—‘‘reveal that in is functioning, the body is complete, another country, I would guess that we New Jersey alone, at least 1,500 partial- the child is ready—even though it would be down here debating the birth abortions are performed each might be premature—it is ready to be- human rights of that country, and year—three times the supposed na- come a functioning member of the tional rate.’’ human race, of the human society. Yet, there would be amendments offered to It was stated on this floor a number that child, and I will talk more about deny trade, to deny foreign relations, of times, and has been repeated on this this tomorrow, that child is then sub- to reach out and call out these un- floor a number of times, that we are jected to generally a probe or scissors speakable procedures that are taking talking about a very rare procedure, punctured into its brain, a suction tube place in nations around the world. one that is used primarily, and almost inserted through that hole, its brains If this were a procedure that was exclusively, in cases of extreme health sucked out of its skull, the skull then being performed during conflict, in a distress or extreme risk to the life of collapses to allow the abortion then of war, we would have people standing on the mother; that it is performed rough- the dead child. this floor arguing and debating and of- ly around 600 or so times a year on a That is the procedure we are talking fering amendments calling for war national basis. about. It may have been justified in criminal trials against those who were Yet, a respected reporter writing in some minds on the basis that this was performing the procedure. And yet, New Jersey has concluded after her in- a rare procedure. It may have been jus- here we are standing on the floor of the vestigations that at least 1,500 partial- tified in some minds on the basis that U.S. Senate, and calling this a choice, birth abortions are performed each this procedure was necessary to save a a medical procedure, chosen by a year in that State alone, and that most mother’s life. We now know that that woman in consultation with her doc- of those 1,500 abortions are not per- is not the case. We now know that in tor. And those of us who believe that formed in situations or instances when most instances of partial-birth abor- this procedure should not be performed the life of the mother is at stake, not tion, that no such situation is reality. are being labeled as those who attempt even performed for medical reasons, Rather, we now know that these are to interfere with that choice. but simply performed because the simply done as a feasible, medically Mr. President, I will have a great mother-to-be of that child has changed feasible means of terminating the life deal more to say about this tomorrow her mind; that circumstances are dif- of the child. as we engage in our full debate. But I ferent, that there has been some indi- This Nation has, in its history, al- hope again that each Member would cation of a problem but, in most cases, ways sought to expand the circle of avail themselves of the new informa- not even that, merely a change of mind those who deserve equal rights under tion that has come to light about this as to whether or not that child was a the Constitution, and deserve to be a procedure, about the number of times wanted child. And so the abortion is part of this civilization. We have fortu- that it is performed, about why it is performed. nately—and too late—but still fortu- performed, and would think through If we extrapolate the 1,500 in New nately shed the discomfort and disgust very carefully about the consequences Jersey out nationwide, we are talking we once had, or at least some had, for of allowing this procedure to continue,

VerDate Aug 31 2005 00:20 Jul 01, 2008 Jkt 041999 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S25SE6.REC S25SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S11276 CONGRESSIONAL RECORD — SENATE September 25, 1996 the consequences to us as a society, as ington to liberate the South—a task he look forward to working with you again this a civilization, and what it says about a accomplished with distinction. If work year. society that, under the mantle of law, on the Papers stops now, it will be the Sincerely, allows such a procedure to take place. history of Georgia and the Carolinas Jim Jeffords, John Chafee, Al Simpson, Bill Frist, Jay Rockefeller, Barbara A. Mr. President, with that, I yield the that would not be published. Interest- Mikulski, Frank R. Lautenberg, Paul floor. ingly, while Greene was alive, Congress D. Wellstone, Carol Moseley-Braun, Mr. PELL addressed the Chair. promised to publish his daily letters Claiborne Pell, John Glenn, ———, Bar- The PRESIDING OFFICER. The Sen- and orders. How poignant that we ful- bara Boxer, J. Lieberman, John ator from Rhode Island. fill this promise now. Breaux, Bill Bradley, ———, Daniel f As I enter my last days as a U.S. Sen- Patrick Moynihan, Carl Levin, Bob ator—36 years among wonderful col- Kerry, Wendell H. Ford, ———, Charles THE NATIONAL ENDOWMENT FOR leagues—I urge Congress to support the S. Robb, Olympia J. Snowe, ———, Pat- THE ARTS, THE NATIONAL EN- National Endowment for the Arts, the rick J. Leahy, Christopher J. Dodd, DOWMENT FOR THE HUMANITIES Ron Wyden, Daniel K. Akaka, ———, National Endowment for the Human- Thomas A. Daschle Mr. PELL. Mr. President, during my ities, and the Institute of Museum last days in Congress, I wish to state Services at a level where they can ful- f my unequivocal support of the restora- fill their potential and continue to HOW THE UNITED NATIONS BENE- tion of funds to the National Endow- bring American culture to all Ameri- FITS AMERICANS: THE U.N. EN- ment for the Arts and the National En- cans. I hope to hear that the issues VIRONMENT PROGRAMME dowment for the Humanities. These that are preventing the reauthoriza- Mr. PELL. Mr. President, last week, fine agencies have sustained dispropor- tion of the programs of these agencies the 51st session of the U.N. General As- tionate and unreasonable cuts over the will be resolved amicably in the 105th sembly convened in New York City. To past 2 years, and the erosion must stop. Congress. recognize the occasion, I spoke on the As coauthor of the legislation that Mr. President, I ask unanimous con- floor of the Senate to highlight some of created the endowments 31 years ago, I sent that a letter to the chairman of the many benefits that the United Na- have felt like a proud father as both the Subcommittee on Interior Appro- tions brings to the American public. endowments have served the guiding priations be printed in the RECORD. The United Nation has furthered Amer- principles upon which they were con- There being no objection, the letter ican national interests by working to ceived. Overall, their programs have was ordered to be printed in the promote peace and democracy, to pro- been remarkably successful. There has RECORD, as follows: tect human rights, to strengthen inter- been overwhelming evidence of the U.S. SENATE, national stability, and to foster co- positive impact of the arts and human- Washington, DC, June 18, 1996. operation between states on a wide ities on education, the economy, urban Senator SLADE GORTON, range of important issues. Today I wish renewal, and cultural pride. It is im- Chairman, Subcommittee on Interior Appropria- to focus on one of these important portant that two endowments are fund- tions, Washington, DC. DEAR SLADE: As the appropriations process issues—an area where the United Na- ed sufficiently to be able to continue for fiscal year 1997 begins in the Senate, we tions has made significant advances by their worthwhile and extremely effec- wanted to take a moment to share with you enabling countries to work together tive endeavors to improve the quality our strong commitment to supporting con- and to find common solutions to com- of life for all Americans. tinued funding for the National Endowment mon problems. Today I wish to discuss Mr. President, I am by no means for the Arts (NEA), the National Endowment the unique role of the U.N. Environ- alone today in favor of continued Fed- for the Humanities (NEH) and the Institute ment Programme. eral funding for the arts and human- for Museum Services (IMS). As you know, The 1972 U.N. Conference on the ities. There is a strong bipartisan com- this issue of continued federal funding for Human Environment in Stockholm was the arts and humanities is one of great im- mitment. Earlier, Senator JEFFORDS portance to us—one which was successfully the catalyst for the creation of the and I circulated a letter signed by 31 resolved last year, in large part due to your U.N. Environment Programme [or Members that expressed their support leadership in working out the differences be- UNEP]. As a participant in those meet- of appropriations for the NEA, NEH, tween the House and the Senate. ings, I eagerly supported the effort to and IMS in fiscal year 1997 at current As you recall, last July, the Labor and integrate human development and the or slightly increased levels, and I ask Human Resource Committee passed a bill to protection of the environment as two that the letter be included in the reauthorize the National Endowments for equally important goals to the inter- the Arts and Humanities and the Institute RECORD. Other Members have spoken national community. The establish- for Museum and Library Services—by a vote with us subsequently regarding their of 12–4. This strong show of bi-partisan sup- ment of UNEP ensured that all coun- support. port, we believe, demonstrates a continued tries would have access to technical in- The American public remains solidly sentiment on the part of the Senate to fund formation and skills in order to de- and strongly behind Federal support these agencies. Therefore, we strongly sup- velop and improve national environ- for the arts and humanities. A recent port your efforts to include appropriations mental policy. UNEP has also served as Harris poll found that a 61 percent ma- for the NEA, NEH and IMS for the upcoming a valuable forum for reaching inter- jority of Americans—to 37 percent say- fiscal year and hope that we might see an in- national and regional consensus on ing ‘‘no’’—would be willing to be taxed crease over last fiscal year’s appropriations laws and operational standards that re- for these agencies—enabling each one to con- inforce cooperative efforts to achieve $5 more in order to pay for Federal fi- tinue the important job of making the arts nancial support for the arts. These peo- and humanities more accessible to people all long-term sustainable development. ple believe the arts to be important across our nation. Because of its unique role within the and would sorely miss them if they We recognize that you will face many dif- United Nations as the only agency with were not there. ficult decisions in the weeks ahead, and ask the mandate to make environmental In Rhode Island, the restored Human- only that you continue to keep in mind the concerns the top priority, UNEP has ities funding means quite literally sur- positive and valuable effect that arts and hu- facilitated U.S. policy initiative in the vival for an extremely important manities projects have in all of our respec- environmental field. As Secretary of tive States. The Senate’s commitment to State Warren Christopher noted in an project that provides fascinating infor- federal support will ensure that arts and hu- mation to all Americans, not just the manities programs, activities and exhibi- address at Stanford University last residents of my State. With NEH fund- tions will continue to be available in local April: ing, the Rhode Island Historical Soci- communities—engaging and educating indi- The environment has a profound impact on ety is reassembling the Papers of Na- viduals of all ages—in addition to making an our national interests in two ways: First, en- thanael Greene from over 100 libraries enormous contribution to expanding and en- vironmental forces transcend borders and and collections scattered around the riching our nation’s cultural heritage and ar- oceans to threaten directly the health, pros- tistic traditions. perity and jobs of American citizens. Second, country, and is currently preparing the We are grateful for your support of the re- addressing natural resource issues is fre- 10th of a total of 13 planned volumes. authorization of the National Endowments quently critical to achieving political and Nathanael Greene, you will recall was as well as your leadership in managing the economic stability, and to pursuing our stra- a Rhode Islander sent by George Wash- Interior Appropriations bill last year, and tegic goals around the world.

VerDate Aug 31 2005 00:20 Jul 01, 2008 Jkt 041999 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S25SE6.REC S25SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 25, 1996 CONGRESSIONAL RECORD — SENATE S11277 I wholeheartedly agree with Sec- member states must commit them- Bringing this to fruition was a very retary Christopher that the United selves to both reforming and finan- high priority of Secretary of State States must view environmental prob- cially supporting UNEP. We have seen Warren Christopher and ACDA Direc- lems from a global perspective. The ac- 20 years of impressive progress in the tor John Holum. It involved years of tions of one state inevitably affect the environmental field that has often been painstaking work at the Conference on well-being of the citizens of its neigh- achieved through the expertise and Disarmament in Geneva by Ambas- bors. The United States cannot afford leadership of UNEP. With so much at sador Stephen Ledogar and his delega- to ignore the overpopulation, or the stake, it would be a tragedy to allow tion and in Washington by the back- pollution, or the deforestation occur- this organization to founder today. stopping team led by Dr. Pierce Corden ring in other countries because the f of the Arm Control and Disarmament consequences could be devastating Agency. right here at home. WORLD LEADERS SIGN TEST BAN There is no question in my mind that That is why the United States has TREATY this treaty from this date forward will participated in and supported U.N. Mr. PELL. Mr. President, I was for- constrain the qualitative development agencies like UNEP. It is in our own tunate to be in New York at the United of nuclear weapons. International con- best interests to work together with Nations yesterday with President Clin- trols and the inspection regime will be- other states to protect the inter- ton for the signing of the Comprehen- come active upon entry into force. It national environment. Under the lead- sive Test Ban Treaty. will serve to ban the development of ership of UNEP over the last 20 years, I can report to you that there is a advanced new types of nuclear weapons the international community has tremendous sense of gratification of and it will serve to demonstrate to the agreed upon several international con- achievement in the United Nations world that the declared nuclear pow- ventions which directly further U.S. with regard to this treaty. It was fi- ers—United States, Great Britain, environmental objectives. These con- nally approved last week by an over- France, Russia, and China—are truly ventions include the 1973 Convention whelming majority of the Members in a committed to control their nuclear ar- on International Trade in Endangered 158-to-3 vote. senals and genuinely desire to con- Species [or CITES] which prohibits or I will be serving this fall at the tribute to the prevention of nuclear regulates trade in some 35,000 endan- United Nations as a Member of the proliferation. gered species; the 1985 Vienna Conven- United States delegation. Fifty-one This treaty truly represents a signifi- tion for the Protection of the Ozone years ago, I had the honor of serving on cant step toward nuclear disarmament. Layer and the 1987 Montreal Protocol the International Secretariat of the Mr. President, we would be deluding on Substances that Deplete the Ozone San Francisco Conference that drew up ourselves if we thought that gaining Layer, which have led to a 77 percent the United Nations’ Charter. I was one Senate advice and consent to a com- drop in global CFC emissions since of those flushed with youthful enthu- prehensive test ban treaty is going to 1988—saving millions of lives through siasm with regard to the potential fu- be easy. It will not be. Once the treaty the prevention of skin cancer—and the ture of the United Nations. In the years is submitted by the President, the 1992 UN Framework Convention on Cli- since, there have been excellent Committee on Foreign Relations, of mate Change, which commits industri- achievements and some disappoint- which I have been chairman or ranking alized countries to reducing their emis- ments. I must say that I rank the member since 1981, will hold thorough sions of greenhouse gases by the year united effort that led to the com- and wide-ranging hearings. It is a proc- 2000. These are but a few examples of prehensive test ban as one of the para- ess that I would enjoy very much, but will instead be viewing from a distance international cooperation led by UNEP mount successes. as a retired Senator. which have benefited U.S. citizens. President Clinton has been able to The degree of contentiousness that is Despite these tangible benefits, how- bring to fruition an effort begun more possible can be seen in the simple fact ever, I am concerned that the survival than three decades ago by Presidents that the treaty was achieved by a of UNEP is in jeopardy today. At a Eisenhower and Kennedy. The first test Democratic President with the support time when our Government’s financial ban was negotiated under the direct of his party and is rejected in the Re- constraints are increasing, the United and forceful leadership of President publican Party platform adopted this States should be looking for ways to Kennedy, who drew upon the workable summer. increase cooperation with other states aspects of the Russian position in order I hope that the hearings to be held by in order to avoid bearing the cost of to help bring about the Limited Test the Committee on Foreign Relations acting alone. While I support the calls Ban Treaty of 1963, which restricted will serve to bring the sides together for making U.N. agencies more effi- nuclear testing to underground envi- and will serve to assuage the fears and cient and effective, it is important that rons. concerns of those who fear the possible the United States continue to play a The next test ban treaty came in 1974 consequences to our national security leading role in promoting international under President Nixon’s leadership, of a comprehensive ban on nuclear environmental cooperation by sup- when the Threshold Test Ban Treaty testing. porting UNEP. The Clinton administra- was negotiated. The companion Peace- I believe that, since nuclear weapons tion should persist in its efforts to ful Nuclear Explosions Treaty was design clearly is a mature science, we streamline the programs and personnel signed in 1976 in the Ford administra- do not need further testing to assure of UNEP while making some real finan- tion. that our scientists have done their cial commitments at the upcoming President Carter attempted to work well and that we can move into a meeting of the governing council in achieve agreement on a comprehensive future without nuclear testing secure January. Equally important, the deci- test ban, but lacked sufficient time to in the knowledge that we have a fine sion on the leadership of UNEP should do so. President Clinton played a lead- and reliable nuclear arsenal deterrent be given high priority for United ing role in bringing the comprehensive that will serve us well so long as we States attention during the next test ban, which represents the culmina- rely upon nuclear weapons to protect month. tion of those earlier efforts, to conclu- us. This is a critical moment for UNEP sion this summer. Experts will testify that there are no as the agency’s financial crisis has Under this treaty, the parties will be safety and reliability issues that would reached a point where many of its im- obligated not to conduct any nuclear necessitate further testing. Experts portant programs may no longer be weapon test explosion or any other nu- will also assure us that the restraints viable. Given the recent decrease in fi- clear explosion. This very strong prohi- that this treaty will place on other na- nancial and political support for UNEP bition is a direct result of President tions are very much in our national se- from its member states, the inter- Clinton’s forward-thinking decision on curity interests. Moreover, I would ex- national community must decide August 11, 1995, not to agree to any ex- pect there will be expert testimony whether or not environmental concerns ceptions to this ban, but instead to ne- from the intelligence community that are still a priority on the international gotiate a true zero yield comprehensive will provide the necessary reassurance agenda. If the answer is yes, then all test ban treaty. to the Senate.

VerDate Aug 31 2005 00:20 Jul 01, 2008 Jkt 041999 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S25SE6.REC S25SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S11278 CONGRESSIONAL RECORD — SENATE September 25, 1996 When all of that happens, I would ex- scribed this, because he saw this proce- tives. I was pro-choice in my voting pect that the Senate will, indeed, de- dure take place one time. He said it pattern in the State legislature of Col- termine that it can proceed ahead with was nightmarish. orado. I have been pro-choice in the the comprehensive test ban without Last Monday, I had occasion to be in discussions and debates we have had in any jeopardy to our national security. a number of cities and small towns in Colorado, as well as in Washington, DC. That step forward will bring us well- Oklahoma, having a series of town So I come to this question of partial- meetings, places, Mr. President, you deserved commendation from other na- birth abortions with a clear pro-choice have never heard of, like Durant, OK, tions and it will be a gift beyond value record. to the generations that will succeed us. and Idabel, OK, and Pontotoc, OK. Mr. INHOFE addressed the Chair. There was not one place where they did I must say that I am not for sub- The PRESIDING OFFICER. The Sen- not bring up in the course of this meet- sidizing abortions. In that regard, no ator from Oklahoma. ing: Are you really going to do some- one is liable to give you a perfect f thing back there like the House did, do score—even the pro-choice groups of away with this procedure? Well, when I PARTIAL-BIRTH ABORTIONS which I feel part of, because occasion- told them that the votes were not ally those votes get counted. But then Mr. INHOFE. Mr. President, like the there and that President Clinton had I have not been very good at sub- Senator from Indiana, this is kind of a vetoed our attempt to make this proce- sidizing anything with public funds. So preview to coming attractions. I plan dure illegal, it became, all of a sudden, perhaps I can be seen as unforgiving in tomorrow to spend some time on the a character question on him: Why that area. floor talking about one of the most se- would he do that? I have no way of an- rious issues we have been addressing swering that. Mr. President, I am pro-choice be- here in the U.S. Senate, that is, the Tomorrow I will present over 15,000 cause I believe in limited Government. issue of partial-birth abortion. signatures of people from Oklahoma I know many of my friends and col- As I was listening to the Senator and the comments they have made, leagues have described someone who is from Indiana, the statements he made, over 15,000 people who are saying: pro-choice as being liberal. My own it occurred to me that if we made one Whatever you do, override the veto as sense is that it is exactly the opposite. mistake during this entire debate, it the House of Representatives did. A society that gives citizens maximum has been to refer to this as an abortion, As I have served here and I see people choice and discretion in their lives is because most people think of abortions who want to retain a medical proce- conservative, in my way of thinking, as something that is taking place prior dure that allows this method of taking not liberal. For those who have sug- to the time that, in their own minds, a the life of a small baby and I think of gested that this unreasonably or un- the people who are behind this, and you fetus becomes a human being. I suggest fairly restricts a person’s right to that everyone has to make that deci- know what the baby is going through, choose, I submit that that is a mis- sion as to when human life begins. I because tomorrow I will read a report take. If someone shares my view that made my decision many years ago. that will lead you to the incontrovert- But I think when you deal with ible conclusion that a baby, even in the part of limited Government involves something as barbaric as a procedure first trimester, feels and senses the maximizing individual freedom and such as the partial-birth abortion, you same pain that you feel, Mr. President, choice, then they rightly wish to pre- have to understand that this is some- or anyone else in this Chamber, or any serve rights for people, even though thing that happens at a time and can baby that is fully born and out and they may not agree with them. Such, I happen during a normal birth process. breathing today. think, is the case with many people I know the occupant of the Chair re- It occurred to me when the distin- who seek to preserve people’s rights or cently went through an experience guished Senator from Indiana, Senator the freedom to choose with regard to when his wife delivered a new child. I COATS, was talking a few minutes ago abortions. That does not mean—in am happy to tell you, Mr. President, and he talked about if this were hap- spite of what the critics say—that one that on Friday of this week, I will have pening in another country we would be has to be in favor of abortions. It does my fourth grandchild, so I know some- invoking sanctions, we would be talk- mean that one has to understand that thing about this, too. ing about how this might affect trade, sometimes things happen in a free soci- I remember so well, and I will be re- talking about economic aid. I would go ety, that we don’t like, and where we ferring to this tomorrow, an experience a step further than the Senator from do not think it is the Government’s I had about January of this year when Indiana. I would say if this had been right to dictate the answer. we had the birth, at that time, of my happening, if this procedure were legal third grandchild. My daughter called and taking place in an animal, a dog or Mr. President, it seems to me that it me up and said, ‘‘Daddy, would you a cat, those same people who are trying is important for Members, as they cast like to come over and come into the to keep this medical procedure in our this very important vote on the veto delivery room?’’ Of course, back when law would be picketing back and forth override, to take a look at the specifics we were having babies they would not outside our Senate offices. of the bill itself. Here are some obser- let you in the same hospital, let alone Tomorrow we will have a chance to vations, that I see as I look at it. The the same delivery room. I remember so talk about it. expert testimony we had before the well when the baby was born, baby (The remarks of Mr. INHOFE per- committee indicated that as many as Jason was just a tiny, beautiful thing, taining to the introduction of S. 2129 1,000 to 1,500 abortions a year, perhaps are located in today’s RECORD under and it had not been more than a more are done using this procedure. ‘‘Statements on Introduced Bills and minute since his first breath and she The actual number of partial-birth handed this baby to me, and I thought, Joint Resolutions.’’) Mr. BROWN addressed the Chair. abortions performed in a year is un- this is just about the time this proce- The PRESIDING OFFICER (Mr. known. Second, it is a very rare proce- dure has been customarily used; if only FAIRCLOTH). The Senator from Colo- dure and very limited in scope, pri- people knew what was happening, the rado is recognized. marily confined to a late-term preg- fact that an incision would be made Mr. BROWN. Mr. President, I am ad- nancies. If one approaches this issue into the back of the head in a baby vised by leadership that there will be with concern about preserving the that is three-fourths of the way al- no further votes today. right to choose, and suggests that ban- ready born in this world, open up the Mr. President, I rise to address the ning this procedure eliminates the head, and place a catheter and suck the question of the partial-birth abortion right to choose, I think they would be brains out and the skull collapses. It is ban. barbaric. It is a procedure that we have Mr. President, I must disclose at the mistaken. It is quite clear, if one looks to do something about in this country. start of this discussion that I am pro- at the facts and the number of these I had occasion to ride back to Okla- choice. I have been pro-choice ever procedures that are performed, that re- homa with one of my fellow delegates, since I entered public life. I have been stricting them or prohibiting them a Member of Congress, TOM COBURN, a pro-choice in my voting pattern in the does not eliminate someone’s right to medical doctor. TOM COBURN, Member Senate and pro-choice in my voting choose. The bill is extremely tightly of the House of Representatives, de- pattern in the House of Representa- drawn.

VerDate Aug 31 2005 00:20 Jul 01, 2008 Jkt 041999 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S25SE6.REC S25SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 25, 1996 CONGRESSIONAL RECORD — SENATE S11279 Mr. President, I played a small part Members ought to give a little more to believe that partial-birth abortions should in helping to make it a tighter bill. As deep thought to what this bill involves. be outlawed. Members are aware, the bill does in- It does not, in this Senator’s belief, in- Mr. President, I am pro-choice and I volve potential liability claims for peo- volve whether or not you are pro- believe partial-birth abortions should ple who violate the law. That liability choice or pro-life. It involves taking a be outlawed, and I believe claims that was more broad than I thought it ought look at a procedure that is judged by outlawing partial-birth abortions to be. To limit the scope of the bill on many experts to be extremely dan- interferes with the right to choose are the issue of liability, my amendment gerous. We ought to be concerned simply not accurate. I believe a careful was adopted to prohibited a complain- about that. review of the medical evidence that is ant from suing those who assist the The partial-birth abortion ban does before us and that has been presented doctor in performing the procedure. not preclude someone from having a in the committee will clearly docu- Prior to that amendment, it was pos- late term abortion, it precludes the use ment this. sible to sue the nurses, anesthesiol- of this horrific procedure. It protects Mr. President, what we need here is ogist, and attendants associated with women and protects those involved not Members lining up on the side of one of these procedures. My amend- from what many experts consider a pro-life or pro-choice, although that ment eliminated those potential liabil- procedure that is not safe, is not ad- surely will happen. It happens every ity claims because those people pri- vised and is not necessary. time we vote on this issue. But we do marily respond to the initiatives of the Former Surgeon General Everett need some common sense, and we do patients and physicians and not acting Koop said. need to listen to each other. When we on their own authority. I also offered Contrary to what abortion activists would vote on this issue, I believe it is appro- the amendment that prohibited the fa- have us believe, partial-birth abortion is priate to look to the medical authori- ther from suing under these cir- never medically indicated to protect a wom- ties that have condemned this practice. cumstances, if he was not married to an’s health or her fertility. In fact, the oppo- There are those who will cast a vote the mother at the time of the proce- site is true. The procedure can pose a signifi- because they believe this procedure is cant and immediate threat to both the preg- immoral. Moreover, they believe that dure and if he had not stepped forward nant woman’s health and fertility. It is clear to acknowledge the child and provide all abortions are immoral and wrong. I that late abortion is a dangerous procedure, am one who has not fallen into that support for the child. I see no reason and in the instance of partial-birth abortion camp. But I do believe we would be re- for us to provide a windfall to deadbeat is not necessary. miss if we didn’t take the time to look dads. We ought to be encouraging peo- Mr. President, let me reiterate that. at the facts of the bill and look at the ple to take responsibility, not think up Dr. C. Everett Koop says it is not nec- reality of the situation. rewards for those who don’t. essary. These operations are disgusting and But, Mr. President, we cannot ignore Mr. President, I want to quote from horrible and not essential for a wom- the medical evidence. Let me be spe- one of our editorials in Colorado. I an’s right to choose. cific in this case. must say that in Colorado our news- I hope Members will go deeper than The experts that testified before the papers and our population are probably just their political party or their affec- committee not only indicated quite some of the most pro-choice news- tion for the President. I hope they will clearly that this is an extremely rare papers and pro-choice population of go deeper in making their vote on just procedure but they disagreed dramati- any State in the Nation. We were one whether they are pro-life or pro-choice. cally with regard to the effectiveness of the first States in the Nation to I hope they will take the time to look of this procedure. eliminate the legal restrictions on at this procedure, and I believe an ob- Here I call to mind Dr. Warren Hern. abortions. jective review of the procedure will Dr. Warren Hern is a resident of Colo- This is an editorial from the Grand lead to the conclusion that this is not rado. He runs an abortion clinic in Junction Sentinel that has traced the an appropriate procedure that should Boulder, CO. He runs a clinic that prob- Roe versus Wade decision and has con- be allowed in the United States. ably does more late-term abortions sistently been pro-choice. Here are the Mr. President, I yield the floor. than any clinic in the State of Colo- Grand Junction Sentinel comments. Mr. SANTORUM addressed the Chair. rado and perhaps one of the largest Much will be made about the politics of the The PRESIDING OFFICER. The number of late-term abortions of any House vote Thursday to override President Chair recognizes the Senator from clinic in the country. By anyone’s de- Clinton’s veto of a bill to ban partial-birth Pennsylvania. scription, Dr. Warren Hern is pro- abortions and whether it is possible to get Mr. SANTORUM. Thank you, Mr. choice. We were contacted by Dr. Hern enough votes in the Senate to override. President. a few days ago. He is director of the Lost in the haze if political rhetoric is in- Mr. President, I want to congratulate Boulder Abortion Clinic and the assist- formation about the procedure Congress my friend from Colorado. seeks to ban. ant clinical professor of the Depart- This corner historically has been sup- The Senator from Nebraska was talk- ment of Obstetrics and Gynecology at portive of the right to choose, and in support ing earlier about some Member who the University of Colorado Health of Roe vs. Wade, the 1973 Supreme Court de- had distinguished himself in his ability Science Center. cision that guaranteed that right. But par- to articulate his position well and to Dr. Hern has written three books, is tial-birth abortion, usually performed after take stands on principles, ones he deep- an avowed advocate of abortion choice, the fifth month of pregnancy, is quite simply ly believes in, not be afraid to cross the and has written over 40 academic pa- an unconscionable procedure in which the line sometimes and to take controver- pers concerning abortions and other as- brain of the infant is sucked out after the sial stands that are outside of maybe baby has been partially delivered. pects of women’s health and fertility. When he vetoed the bill in April, Clinton what would be expected of him. He is clearly regarded as an expert in produced five women whose lives, he said, I think the Senator from Colorado this field and an expert in this field were endangered by pregnancy complications has done that in this case, and he will who is clearly pro-choice. Dr. Hern’s but saved by partial-birth abortions. be missed for his thoughtful and thor- message, as it was relayed to me, is This week four nationally recognized doc- ough analysis of the issue. I think any- consistent with the testimony he sub- tors who specialize in obstetrics and gyne- one who listened to his presentation mitted to our committee hearings; and, cology, part of a growing national medical had to come away with an under- that was simply that the partial-birth group opposed to this, said Clinton’s claims standing that this is someone who did were wrong. All of the conditions presented exactly what I had been hoping and abortion procedure is not a safe proce- by the president could have been treated by dure for women and that he himself, methods safer than partial-birth abortions, what he called for all Members of the who practices in this field and performs they said. Senate to do, which is to step back. It late-term abortions, would not use it Women who have partial-birth abortions is not, SANTORUM, don’t put your pro- because of the danger involved. risk being cut, having excessive bleeding and life hat on, or, Hank BROWN, don’t put Mr. President, some Members will lifelong infertility. your pro-choice hat on, but let us look choose to vote on this issue solely on They close with this sentence. at the bill, let us look at the facts, and the question of whether they are pro- One doesn’t have to be a member of the let us try to see whether this is some- choice or pro-life. Let me suggest that Christian Coalition or an antiabortion zealot thing

VerDate Aug 31 2005 00:20 Jul 01, 2008 Jkt 041999 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S25SE6.REC S25SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S11280 CONGRESSIONAL RECORD — SENATE September 25, 1996 that we want to have to continue in and the Senator from Colorado did the porters of this legislation and the this country. I think what you saw in same and quoted a different physician President said that this is a very good the House of Representatives is just who said this is not a medically nec- reason to have an abortion, that a fetal that. essary procedure, this is in fact contra- abnormality, many of which are fatal, No one can stand up on this floor and indicated as other physicians have some of which are not always, is a good say that two-thirds of the House of said, that this in fact is dangerous to reason to have an abortion, a late-term Representatives are people who are the woman’s health, and I went abortion, and this type of abortion. We pro-life. They are not. They are not through physicians and what they said have discussed the health aspects of pro-life. Two-thirds of the House is not about it. I talked about, as I just did, this, is this type of procedure nec- pro-life. I am not even sure if half of other Members of the House and now essary for the health reason. And clear- them would consider themselves or call Members of the Senate who feel dif- ly the evidence, the facts show physi- themselves pro-life by the traditional ferently on the issue of abortion who cians, both prolife and prochoice, say, definitions used in this town and across have looked at all the evidence and de- no, it is not necessary. the country. But two-thirds of the cided that now with this new evi- I think there is a bigger issue here. It House said no to this procedure; said it dence—one thing the Senator from Col- really goes beyond this whole debate is time to draw the line irrespective of orado did not mention was the new evi- on abortion. And that is the debate on your opinion on the issue. dence that this is not a rare procedure. this whole issue of fetal abnormality as So for those who did in the House and I think he still referred to it as a rare a good reason to kill a child, a baby. In already have done so in the Senate to procedure, and that is what everyone some cases we are talking about very come here and say, well, this is just was led to believe when this bill was late term, we are talking about in the some of these pro-life extremists try- first passed, that this was a rare proce- thirties weeks, very late-term abor- ing to meddle again in the right to an dure. Planned Parenthood provided in- tion, because then we are getting into abortion does not hold water. It did not formation that there was only a few the fact that, well, it is OK to perform happen in the House. That was not a hundred, 300 to 500 of these performed this procedure because the quality of every year. And yet we hear from the group of pro-life extremists. It was in life of the baby will not be what we be- report in the Washington Post by Dr. fact a bipartisan coalition. It was peo- lieve is good, which is the perfect baby. ple of both opinions on the issue of Brown, I think David Brown, on Sep- Now, you have some extreme exam- abortion as it was here. tember 17 that this procedure is per- ples of this in this debate with Dr. formed in this area more than just a You heard from the Senator from McMahon out in California who said few hundred times, just here. In fact, Colorado. You will hear, I hope, tomor- that he had nine third-trimester abor- Planned Parenthood said this is only row the Senator from New York [Mr. tions—that is 7th, 8th and 9th month— done by a doctor in Ohio and the doctor MOYNIHAN] and others who are pro- he had nine such abortions that were choice say this goes too far, this in California. They are the only two. done electively, which means there was crosses the line. And the Post found that in fact there no health risk to the mother in deliv- I think we have done an injustice by, are physicians in other areas who do it. as the Senator from Oklahoma said, re- It was found in the area around Bergen ering the baby—nine such abortions ferring to this procedure as partial- County there are 1,500 such abortions done because the child had a cleft pal- birth abortion, because I know in hav- performed, partial-birth abortions per- ate—a cleft palate. And we have the ing discussed this issue many times formed on fetuses 20 to 24, 26 weeks. I President of the United States and peo- you mention the word abortion and do not refer to a 26-week-old fetus as ple in the Senate who are saying it is people scurry to their column—pro-life, anything but a baby because it is via- a decision between the mother and the pro-choice, and tend to only listen to ble, clearly viable outside of the moth- doctor, it is not our job to say that those who agree with them on that er’s womb. that is wrong; that the mother has the issue, as to what their opinion should So we have had all of that new infor- determination as to what is perfect in be on this issue of abortion. mation, and again I hope to share that her eyes and then the Government, the That is why I wanted to thank the and I hope that people do look at that State has no decision. Senator from Colorado for his courage and realize that with this information I said earlier that the very same peo- in not only offering amendments, as he and with the medical—this is a medical ple who make that argument are the did, to improve the bill and tighten the procedure and should be judged not very same people who stood in this bill as he said, but for his courage to based on your opinion on abortion but Chamber and the House, and I am stand up and talk to people who may based on medical evidence and whether proud they did, and argued for the listen and identify with his position on this is medically necessary. Americans with Disabilities Act. They that issue and recognize that it is any- That is one thing it should be judged said that people who are not perfect, thing but extremism to say that a on. Obviously, you cannot avoid the ef- who have a disability, have a right to child that is delivered all but the head, fect a decision like this has on our cul- be able to get around to different that in many, many cases is fully via- ture; about what we say is legal and places, to have employment opportuni- ble outside of the womb, is then killed permissible in our culture. It obviously ties, to be treated equally. by a blunt instrument to the back of has an impact on who we are. If the We did not bring up this issue. I do the head and the suctioning procedure, Government says that this is OK, it not know whether we will before we banning that procedure is not extre- will have an impact on who we are. leave, but the issue of I-D-E-A, IDEA, mism. And so that is something that you have which is education for the mentally I have not mentioned but I will—I do to think about, too. disabled in our school system and the not like to talk about these things The other thing that is not talked physically disabled—again, the very when I talk about issues of this na- about much that I think is important same people, many of them, not all, ture—polls. I hesitate to talk about to discuss in light of those who support but many of whom will stand and say polls because this should not be an the procedure, and particularly the this feature is OK because we have a issue that we have to take a poll on. President, is the whole issue of fetal deformed baby, say that we have an ob- But the polls say that as people under- abnormality. The President of the ligation to provide equal education to stand this and once it is explained to United States brought to the White children with disabilities. them what the procedure is, over three- House when he decided to veto this leg- If we have an obligation as a State, quarters of the American public find islation five women, all of whom said as a government, to provide equal op- this abhorrent—in some cases much that they needed this procedure to be portunities for education for people higher than that. I would think if done to protect their health. All of who are not perfect, at least in the three-quarters of the American public these women had babies—some of them eyes of some, those who have disabil- once informed of this procedure find it were late-term abortions—had babies ities should have the equal right to to be abhorrent, that two-thirds of the who had some sort of fetal abnor- education, should have the equal right Senate could find it to be abhorrent. mality. under the ADA to treatment in the I discussed in my comments earlier In the House and in the previous de- workplace and other places, how can the medical necessity for doing this, bate in the Senate many of the sup- you stop short and say they do not

VerDate Aug 31 2005 00:20 Jul 01, 2008 Jkt 041999 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S25SE6.REC S25SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 25, 1996 CONGRESSIONAL RECORD — SENATE S11281 have an equal right to life? How can based on his birth date, but his brain hadn’t allow this procedure to continue, is you be for all those things and not be really developed much beyond that of a 4- this the best we can be? Is this the for giving this poor—in some cases, year-old. As he lay on the gurney, occasion- seminal point? Is this the moment of yes, badly deformed—baby a right to ally using words only his mother could un- pride that we came to the Senate to derstand, she calmly told of the recent wors- allow to happen on our watch? die with dignity, if that is the case, a ening of his medical problems. When she left right to live? the room, he searched for her with the tenac- For those who voted to allow this There is an article in the Washington ity of an infant, and like an infant, looked procedure to continue, when we vote Times today. It quotes a man, a cor- into her eyes with pure joy when she re- tomorrow, look around, look inside and respondent. I should not say it is a man turned. Dad waited outside, ready with a tell me whether you think we are ex- because it does not say that. I apolo- smile and a little joke. hibiting the best of humanity. gize for that. The article is written by They had been caring for their child with Dr. Dowling said that she had so a woman, Maggie Gallagher. It may, in love and patience since early infancy, when much respect for parents who went fact, be a woman. It says: his problem first began. I suspect that he through with difficult pregnancies pos- was a happy young man, in spite of his bad I ran across excerpts from a letter to the sibly and maybe with the knowledge of neurologic luck. He’d certainly had good an abnormal child being born. editor of the London Spectator. The cor- luck in his choice of parents. respondent wrote: ‘‘I have severe spina I would like to read—and I hope I can To me, these parents showed a caliber of read, because they are sometimes very bifida, and am a full-time wheelchair user heroism that only a few humans are called . . . Every day I read in the press about ’ex- on to exhibit in a lifetime. They had put difficult to read—letters from mothers citing breakthroughs’ which mean yet an- aside their own wants, had accepted a child who knew that the child within them other way to kill people like me before birth. who would never be capable of doing things had fetal abnormalities. I believe all of I think that is the point I want to even the most ordinary of nonhandicapped the letters included here represent all make here. Let us just put aside the children could, had given their son enough of the conditions that the women that whole issue of partial-birth abortion love and physical help to make his life not President Clinton had at his side when for just one second. Think about what just bearable but apparently happy. In the he vetoed this bill, all of the women— message we are sending out to the peo- process, they’d raised a bunch of other chil- I shouldn’t say that, I should read dren now doing well, and they’d stayed to- them—certainly a lot of the things ple who have disabilities, who have suf- gether in a strong and supportive marriage. fered through some of the disabilities Far too often, we assume that a child born that the fetuses of the mothers at described by some of the women that with a medical problem is a child whose life President Clinton’s veto ceremony the President brought to justify his de- is not worth living. We think that parenting —those conditions are represented in cision here. Yes, many of the people such a child is an impossible task. When these cases. who had these disabilities—in fact, in President Clinton vetoed the bill that would In some of these cases, the child some cases, all of the people who had have banned partial birth abortions, implicit didn’t live an hour, and in some, mir- these deformities—died. But some in the stories of the women he gathered acles happened. But in every case, around him was that they were doing a noble lived. Some lived for a short period of there is a case of courage, and their ex- thing for their children and themselves. Ex- pressed purpose in writing was not to time, some for a long period of time. tracting the brain from a living, sensate What are we saying to them? What are fetus was felt to be better than allowing that say that you won’t hear this about par- we saying to our culture? What are we fetus to be born with a body that was less tial-birth abortion, it was to deliver saying about these people who came to than perfect. the point that, ‘‘Mr. President, and the floor for month after month on the In 1995, James McMahon, a leading Los An- those who are arguing for this bill to issue of disabilities, on the issue of wel- geles abortion doctor (recently deceased), be defeated, for the override to be sus- fare, and said, ‘‘What about the chil- sent a submission to the House Judiciary tained, please understand, that this subcommittee on the Constitution, which procedure doesn’t need to be done to dren? Don’t you care? Where is your was holding hearings on partial birth abor- compassion? Where is your concern for protect the health of the mother, No. 1, tion. This document revealed the reasons and No. 2, that we went through with the least of us as a society?’’ partial birth abortions were done in a survey Did these children do anything to end of more than 1,000 babies. More than 10% these pregnancies that you say are nec- up disabled? Is it their fault that they were done because of fetal death, but by defi- essary to have these abortions, are nec- were abnormal, that we should look nition, this is not abortion. Twenty-four essary to preserve our health, that we upon them and say, ‘‘Well, because you were done for cystic hydroma (a benign lym- actual actually did the alternative, and are abnormal, you are therefore ex- phatic mass, usually treatable in a child of were alive and were well, and we had pendable, and it is justifiable to treat normal intelligence). Nine were done for beautiful experiences. Tragic but, yes, cleft lip-palate syndrome (a friend of mine, in many cases beautiful experiences. you that way’’? mother of five, and a colleague who is a pul- I am going to read an article from a And, please, Mr. President, please the monary specialist both were born with this Members who argue for the sustaining doctor who wrote this just last month problem). Other reasons included cystic fi- in the Los Angeles Times, the Wash- brosis (my daughter went through high of the President’s veto on this bill, ington edition. The doctor’s name is school with a classmate with cystic fibrosis) don’t use the baby, don’t use the chil- Katherine Dowling. She is a family and duodenal atresia (surgically correctable, dren as a shield. Don’t use them as the physician at USC School of Medicine. but many children with this problem are reason for allowing this to continue. The title of the article is, ‘‘What Con- moderately mentally retarded). Guess they Don’t make them the enemy of the stitutes a Quality Life?’’ can’t enjoy life, can they? In fact, most of mother. In fact, they are not.’’ The nights can be long and frustrating for the partial birth abortions in that survey I would like to read a letter first we doctors whose shifts fall with regularity were done for problems that were either sur- from Jeanne French, from Oak Park, in the wee hours. A young lady comes in de- gically correctable or would result in some IL, dated July 1996, to the President. manding to know if she is pregnant, then degree of neurologic or mental impairment, And I think she conveys much better fussing for instant termination when she is but would not harm the mother. Or they were done for reasons that were pretty than I that point: found to be. An elderly lady wants a cure for DEAR MR. PRESIDENT: I write to you today skimpy: depression, chicken pox, diabetes, her constipation. An addict arrives, angling as a fellow Democrat with something to say vomiting. for a legal fix. about a difficult subject, partial-birth abor- I’d like to commend those parents who But every once in a while, like the astron- tion. omer whose long nocturnal vigils are re- have the courage to raise handicapped chil- You may know that last November I testi- warded one clear night with the smudge of a dren. Whenever I see a mother or father fied before the Senate Judiciary Committee new comet on his photography plate, we holding a sickly baby and looking into its on the partial-birth abortion ban legislation. sometimes encounter the extraordinary. I eyes with love, each time there’s a Down’s I was on the same panel as those mothers did one recent night. syndrome child learning from its sibling how who chose partial-birth abortions. It was I doubt you’d peg the couple as extraor- to pile blocks on top of each other, I’m awed ironic to see you veto the ban framed by the dinary if you saw them on the street. She by the power of the family to make a ‘‘less women whose stories I got to know as I sat had perhaps once been somewhat of a beauty. than perfect’’ life a thing of happiness. And beside them that day. In my naivete, I ex- Her brown hair was cropped short and hung then I know how lucky I am to be in a pro- pected that your administration would be limply, and she clearly had put on a bit more fession where every once in a while, I get a more open to hearing the other side of the weight with each of her pregnancies. His glimpse of the best in humanity. partial-birth abortion question.—I was deep- tummy flopped over his belt, and he had a Is what we are doing here today a ly saddened to be excluded from the dialog kind smile. Their child was a young adult sign of the best of humanity? If we you sought on this issue.

VerDate Aug 31 2005 00:20 Jul 01, 2008 Jkt 041999 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S25SE6.REC S25SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S11282 CONGRESSIONAL RECORD — SENATE September 25, 1996 In recent months, I’ve had the opportunity mony, testimony from both pro-choice Trisomy. One also had hydrocephalus. The to get to know many women who have car- and pro-life physicians, who say that medical prognosis for these children was ried and given birth to children with fatal there is absolutely no health-of-the- that they would have at best a short life conditions from anacephaly encephaloceles, mother or life-of-the-mother reason for with minimal development. Some medical Trisom 18, hydrocephaly, and even a rare dis- professionals recommended abortion; others ease called body stalk anomaly in which in- doing this procedure. In fact, it is con- were ready to help support their lives. We ternal organs develop outside a baby’s body. traindicated. It is more dangerous, ac- chose life. That decision carried some hard- We gave birth to our children knowing that cording to Dr. Hern, who performs ships. However, God blessed us immeas- their serious physical disabilities might not abortions and late-term abortions, to urably through their short lives. allow them to live long. do this procedure. So we have lots of Our first child, Elizabeth, was diagnosed I do not tell you this because we are, or medical testimony about the cold med- after her birth. We were deeply saddened but want to appear heroic. We simply want the ical aspect of it. desired to give her the best life we could. truth to be heard regarding the risks of car- What Mrs. French is getting to is Though she never could say a word and could rying disabled children to term. You say not sit up on her own, she clearly knew us. that partial-birth abortion has to be legal for something that is maybe more impor- she learned to smile, laugh, and clap her cases like ours, because women’s bodies tant for us who are nonphysicians, who hands. She was a joy to us for two and one would be ‘‘ripped to shreds’’ by carrying the do not, frankly, feel comfortable about half years. We clearly saw how many lives very sick children to term. By your repeated making medical decisions but, hope- she had touched with over 200 people at- statements, you imply that partial-birth fully, feel more comfortable about tended her Memorial Mass! One child was abortion is the only or most desirable re- making cultural decisions. That is touched in a very personal way when he re- sponse to children suffering severe disabil- where we are. The cultural decision is, ceived Elizabeth’s donated liver. Two others ities like our children. as Dr. Dowling said, what constitutes received sight through her eyes. Perhaps inadvertently, you send a message Our third child, Mary Ann, had been diag- of hopelessness to women and families who quality of life? We are making that de- nosed with hydrocephalus in utero and short- anticipate the birth of children with serious cision here. If we sustain the Presi- ly after birth with the same genetic abnor- or fatal disabilities. dent’s veto, the children who just do mality that our oldest daughter had. (We This message is so wrong. We feel that it is not measure up, are not perfect, for could have known this during pregnancy via imperative that you reconsider the way you that reason alone, that we should allow amniocentesis, but refused the procedure due talk about options available to mothers car- this procedure to continue because to the risk to the baby.) Terry’s obstetrician rying very sick babies like ours. Will you they are not wanted in the human fam- said that we were fortunate, though, that consider meeting with me and a few of the ily here in the United States of Amer- Mary Ann would have the chance to go home women I have come to know over this issue? with us. We learned to feed her through a ga- Will you please extend to the Morsmans, ica. vage tube as she was unable to suck to re- Heinemans, Sheridans, and to me the same The Senator from Indiana said just a ceive nourishment. Our son, Andrew, devel- courtesy extended to those families who had few minutes ago, if we knew that a civ- oped a special bond with his sister. We spent partial-birth abortions? Will you meet with ilization, a country, was deliberately the next five months as a family, learning, us personally, and hear our stories? killing disabled children, what an out- growing and caring for our children. When Thank you for considering this request. I cry—what an outcry—there would be our precious daughter died, we celebrated look forward to your response. from a lot of the very same people who her life at a memorial Mass with family and The response came back 13 days later say it is OK to do it if they are only 24 friends. that ‘‘the President appreciated the weeks old in their life. Our belief in Jesus Christ and His gift of letter but will not have the oppor- salvation provided comfort for us as our So I think it is necessary to read daughters entered their new home in heaven. tunity to speak with you or your these stories. I do not know whether I They remain a part of our family and are al- group.’’ will be able to read them all tonight ways in our hearts. They enriched our lives I ask unanimous consent to have because I find it very difficult to read and touched the lives of many others. Our printed in the RECORD the President’s them. I have been very lucky as a fa- Creator sent these children to us and we response after the reading of the letter. ther of three children that we did not were privileged to love and care for them. There being no objection, the letter have any ‘‘fetal abnormalities’’ with What a tremendous loss to all of us who was ordered to be printed in the our children. My wife Karen had three know them to terminate their lives because RECORD, as follows: they were not physically perfect. We look healthy pregnancies and is having an- forward to a joyous reunion with them in THE WHITE HOUSE, other healthy pregnancy to date. heaven. Washington, July 30, 1996. But I cannot help but hear these sto- It is so easy to see the half of the glass Ms. JEANNIE W. FRENCH, ries and feel such great empathy, as a that is empty when we face difficult prob- Oak Park, IL. father, who stood there in the birthing lems; will we have the courage to allow our DEAR MS. FRENCH: Thank you for interest children to have the half of the glass that is in speaking with President Clinton on the room, in the delivery room, and just waited, with incredible anticipation, full? We pray for other mothers and fathers subject of partial birth abortion. President who are faced with agonizing decisions that Clinton appreciates your kind letter. for that child to be born, and encour- aging my wife, and seeing that little they will remain open to the gift being en- At this time, it seems that the tremendous trusted to them. God’s love is ever-present demands on the President will not give him baby, and wondering how that little during our times of joy and sadness. He is the opportunity to speak with you and your baby is. ‘‘Please cry. Please take that with us now as well are parents to Andrew, group. However, we will keep your invitation first breath.’’ Jeannie and William and now nine years old, and three children: on file and will be sure to contact you if any Teresa, Whitney and Bruce, Margaret, Maria, Christina, and Joseph; ages 11, 9, and changes in his schedule allow him to accept. 7, who joined our family through adoption. Once again, thank you for your thoughtful the people who wrote these letters, letter. Your continued interest and support knowing that they were delivering a Again, this is a story about children are deeply appreciated. baby, that once it took its first breath, who die as a result of the fetal abnor- Sincerely, how difficult that breath would be and malities that some would suggest are STEPHANIE S. STREETT, how many breaths will they be able to medically necessary to save the life of Director of Scheduling. take, and how to deal with them. the mother or health of the mother. ANNE HAWLEY, The first story is of William and Te- I think what Terry Heineman and Director of Scheduling. resa Heineman of Rockville, MD. I will Bill Heineman said is that not only is Mr. SANTORUM. What are those sto- read their story as they dictated it. it not necessary to do this procedure to ries? Why are they important in this We have noted with concern statements preserve the health of the mother, but debate? I think Mrs. French said why made by several couples suggesting, from I think it says something about how we they are important. I think they are their very personal and very tragic experi- value life in this country. It is a very important for the purposes of this ences, that the partial birth abortion is the disturbing thing, indeed. whole idea that we need to have these only procedure available to a women when the child she is carrying is diagnosed with a Whitney and Bruce Goin from Or- abortions legal because of the health of lando, FL: the mother. That is important. That is severe abnormality. We have had experiences that were very On March 20, 1995 my husband and I found why, the President said, he vetoed the similar and yet so very different. We have out that we were expecting a precious baby. bill. had three children biologically and have The discovery was an incredible surprise. We We have all sorts of medical evidence adopted three more. Two of our children were not trying to become pregnant, but and testimony, and even newer testi- were born with a genetic abnormality—5–p knowing that the Lord’s plan for our lives

VerDate Aug 31 2005 00:20 Jul 01, 2008 Jkt 041999 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S25SE6.REC S25SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 25, 1996 CONGRESSIONAL RECORD — SENATE S11283 was being carried out, we were overjoyed, a body caused chronic lung disease for which My colleagues, many of whom are little overwhelmed, but completely thrilled. he received extensive oxygen and steroid otherwise involved right now with I began my prenatal vitamins immediately treatments as he overcame a physical addic- meetings and receptions and other and followed all known guidelines to protect tion to the numerous pain killers he was my unborn child. given. kinds of things here on Capitol Hill, I Three months later, on June 18, I had an The pain and suffering was unbearable to just hope that at some point tomorrow uneasy feeling, nothing that I felt phys- watch, but the courage and strength of our when we are debating this, their tele- ically, just an anxious, strange feeling. I child was a miraculous sight. We were fortu- vision sets are turned on, or they hap- called my obstetrician and requested a fetal nate. The worst case scenarios that were pen to be on the floor, and that they heart check. They dismissed my concern as painted by the doctors did not come to fru- understand this is not just an issue—al- ition, and we are thankful that our son was the first-time-mother jitters but agreed to though it is an issue—of a medical pro- let me come into the office. unable to find a allowed the opportunity to fight. His will to heart beat, the nurse sent me down the hall live overcame all obstacles, and, now, we are cedure being performed. This is a hor- for a sonogram to reassure me that there blessed by his presence in our lives each and rific procedure. It is not just an abor- were no problems. This would be my first every minute. Our deepest respect and pray- tion, it is infanticide. It is infanticide. sonogram where I would actually be able to ers go out to the courageous parents who It is killing a baby. If you can accept see the baby. I was five months pregnant. knew that their baby would not survive and that, I guess the argument that we are The nurse began pointing out our baby’s yet chose to love them on earth as long as also making a decision on regarding God allowed and intended for them to be. toes and feet, and when the baby kicked I the quality of life in America sort of smiled, believing that everything was al- This is an issue that goes beyond pales in comparison, maybe—I don’t right. Then, the nurse suddenly stopped an- abortion. This is an issue that goes be- know. But if you are troubled by that, swering my questions and began taking a se- yond a medical procedure. This is an if it causes you to think again, with all ries of pictures and placed a videotape into issue about what we view as life, as the new information that has been pro- the recorder. Unaware of what a normal good enough life, to be born or to live. sonogram projects, I did not decipher the vided over the past several months and enormous abdominal wall defect that my To use as a reason for allowing this procedure to continue, fetal abnor- weeks, if it bothers you enough to child would be born with four months later. rethink, then also think about that My husband was unreachable so I sat mality, so badly misses the mark, alone, until my mother arrived, as the doc- sends a message to the women of this message that we are sending to the tor described my baby as being severely de- country, families of this country who less-than-perfect children of America formed with a gigantic defect and most like- are listening, who are having to deal and the mothers who are, right now, ly many other defects that he could not de- with this issue today, right now the dealing with the possibility of deliv- tect with their equipment. He went on to ex- President of the United States said be- ering an abnormal baby. plain that babies with this large of a defect cause of fetal abnormality these My wife is due in March. We haven’t are often stillborn, live very shortly or could had a sonogram done. We are hopeful survive with extensive surgeries and treat- women should have abortions, it is a good reason to have an abortion, this that everything is fine. What message ments, depending on the presence of addi- would it send to me, in looking at that tional anomalies and complications after kind of a partial-birth abortion. birth. The complications and associated What these women are saying is that sonogram in a week or two, if they say problems that a surgical baby in this condi- we do not need to do that to protect that if that child just isn’t what you tion could suffer include but are not limited our health and that there is an alter- want, if that baby of 20-some weeks is to: bladder exstrophy, imperforate anus, col- native out there, and that the message just not what you bargained for, you lapsed lungs, diseased liver, fatal infections, from the President of hopelessness for have our permission to go through this cardiovascular malformations, etc. their situation is, as Mrs. French said, procedure. In fact, it is your right to do I describe my situation in such detail in so. I don’t think we want to send that hopes that you can understand our initial wrong. There may be no hope for an en- feelings of despair and hopelessness, for it is cephalitic child to survive long, hours out. As Dr. Dowling said, I don’t think after this heartbreaking description that the if that, but that does not mean that that’s a glimpse of the best in human- doctor presented us with the choice of a late- the situation is as hopeless as you have ity. I don’t think that is a moment term abortion. My fear is that under this heard from these letters. that many of the retiring Senators emotional strain many parents do and will We have an obligation here in the here want to look back and say, ‘‘That continue to choose this option that can be so U.S. Senate when we vote on an issue was one of my last actions here in the easily taken as a means of sparing them- to look at every aspect of that issue, U.S. Senate.’’ I don’t think we as selves and their child from the pain that lies particularly one of this importance and Americans want our legislative bodies ahead. With our total faith in the Lord, we consequence, to look at every aspect of chose uncertainty, wanting to give us as to say those things—that infanticide is much life as we could possibly give to our that issue and to weigh all the facts OK, as long as the mother and the doc- baby. and to weigh the message that we send tor agree that it is OK. And the chil- On October 26, 1995, the doctors decided out when we do something—not only dren who just are not what we wanted that, although a month early, our baby’s the direct consequences. The direct them to be is a justification for termi- chance of survival became greater outside consequences are clear: Thousands of nating a pregnancy of a viable baby. the womb than inside, due to a drop in children, of babies that are 20 weeks But let’s make no mistake about amniotic fluid. At 7:53 am, by cesarean sec- and later, will be allowed to be par- this; that is what we are saying if we tion, Andrew Hewitt Goin was born. The tially delivered, feet first, the entire most wonderful sound that I have ever heard do not override the President’s veto. was his faint squeal of joy for being brought body delivered except for the head, and That will be the message to America, into the world. Two hours after being born will be allowed to be killed—that far, to the world, to children who have been he underwent his first of three major oper- inches away from its first breath. so afflicted, and to mothers and fathers ations. We know that. That is a fact. That who have to make that decision. I For two weeks Andrew lay still, incoherent will happen if this bill is not passed think we are better than that. from drugs, with his stomach, liver, spleen here by the Senate over the President’s As HANK BROWN, the Senator from and small and large intestines exposed. He objection. That is what we sort of fo- Colorado, came down here and talked was given drugs that kept him paralyzed, cused on. We focused on, rightfully, the still able to feel pain but unable to move. about his position on abortion, which Andrew had IV’s in his head, arms and feet. horror of that procedure being given a is pro-choice, he said that this is the He was kept alive on a respirator for six legal imprimatur by the U.S. Senate proper place to draw the line. That is weeks, unable to breathe on his own. He had and by the President of the United all we are asking. Are there no more tubes in his nose and throat to continually States of America. That is a tough one lines in this country? suction his stomach and lungs. Andrew’s for many of us to swallow. It is a tough (Mr. SMITH assumed the chair.) liver was lacerated and bled. He received one for many Americans to swallow. Mr. BENNETT. Will the Senator eight blood transfusions and suffered a brain But there is more, and I think the sto- yield for a question? hemorrhage. Andrew’s heart was pulled to ries of these women and the children Mr. SANTORUM. I am happy to yield the right side of his body. He contracted a involved is another element to this series of blood infections and developed to the Senator from Utah. hypothyroidism. Andrew’s liver was severely story. I think I am going to save these Mr. BENNETT. Mr. President, I re- diseased, and he received intrusive biopsies last couple of letters for tomorrow to member the original debate on this to find the cause. The enormous pressure of read because I don’t want to be repet- issue when the Senator from California the organs being replaced slowly into his itive tomorrow. talked about the very few numbers of

VerDate Aug 31 2005 00:20 Jul 01, 2008 Jkt 041999 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S25SE6.REC S25SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S11284 CONGRESSIONAL RECORD — SENATE September 25, 1996 procedures and insisted that medical provides ample testimony of how this in spite of—as this issue was just be- personnel—doctors—were solidly in procedure is in fact more dangerous ginning to rise in the political arena— favor of allowing these things to con- than the alternatives, including and being cast in an extreme pro-life posi- tinue. I ask the Senator if he has seen particularly delivering the baby at tion because, as the Senator from the article that appeared in the Wall term through either a vaginal delivery Utah, there is a lot of misinformation Street Journal a few days ago, where a or cesarean section. The Senator from out there when this procedure was group of doctors said it is time to stop Colorado again reminded everyone— originally considered and even more listening to the politicians, stop listen- who is pro-choice and talked about a misinformation when the Senator from ing to the special interest groups, and physician in Boulder, CO, who performs New Hampshire introduced the bill to let the doctors speak. And they then late-term abortions—saying that this outlaw this procedure. But Senator said, ‘‘We know the vast majority of procedure is more dangerous than SMITH, to his credit, got all of the in- these procedures are done for elective other abortion techniques used at that formation, studied it, and presented a purposes only and that the health of stage. bill that was reasonable, mainstream— the mother is, in fact, never in dan- So even if you are for, as I am, the not by definition when you have 70 per- ger.’’ belief that it is important that these cent to 80 percent of the people in this I ask the Senator if he is familiar mothers have that—we respect all life, country saying this procedure should with that presentation and if my mem- even those who are less than perfect, not be legal—it is not extreme to agree ory of it is correct? and give them every opportunity to with them. You can say a lot of things. Mr. SANTORUM. The Senator’s live—even if you do not believe in that, But when you are with 80 percent of memory is accurate. I, in fact, dis- even if you believe that a child that the American public you are not an ex- cussed that article yesterday on the has a fetal abnormality at 35 weeks, tremist by definition. Yet, I guarantee floor and entered it into the RECORD premature 5 weeks, should be allowed that you will hear Member after Mem- for anyone who would like to see it, as to be killed before it is born, even ber—I do not know how many Members well as other articles from physicians though you can deliver the baby with- will actually come up and speak concerning this. Yesterday, a col- out any additional health risks, if you against the override, but those that do umnist, Richard Cohen—who is pro- waited 5 weeks, even if you believe that will come up and will charge the Sen- choice and liberal, and who wrote an could happen, according to the Senator ator from New Hampshire, the Senator article a year ago supporting partial- from Colorado, that is a still a more from Pennsylvania, the Senator from birth abortions—wrote an article say- dangerous procedure. Utah, and other Senators with extre- ing he was wrong, that what he was Mr. BENNETT. I will not prolong the mism for supporting this bill. told by the pro-choice establishment conversation. I thank the Senator for Mr. BENNETT. Mr. President, if I here in Washington, the special inter- yielding for these questions. might be allowed, I thank the Senator est establishment, was incorrect. He I make this comment. My personal from Pennsylvania for his correction did not say this, but I will say it for position on abortion is under the pro- about the leadership of the Senator him. They lied to him, or they delib- life banner. I am one who would be from New Hampshire. I agree that is erately misled him, based on an incom- willing to consider an abortion in a cir- where the credit goes. I say to the peo- plete presentation of the facts. But in cumstance where the pregnancy came ple of New Hampshire that PAT MOY- either case, he did not have all the in- about as a result of a rape or incest— NIHAN is not generally thought of as a formation. He admits that he still which is really nothing more than an- right-wing extremist, and to have him doesn’t have all the information as to other form of rape—or where the life of join the Senator from New Hampshire how many of these procedures are done the mother is in fact in jeopardy by in this circumstance should provide and when they are done. But what we virtue of the pregnancy. I was, there- sufficient cover for anyone who thinks do know is that that argument by fore, somewhat troubled with the ini- the issue through. Members who oppose this bill, who tial debate by those who kept insisting Mr. SANTORUM. The Senator from want to continue this procedure to be that the sole justification for this pro- Utah is absolutely correct. I just have legal, no longer exists. cedure was because the life of the to finish my comment on the Senator Those who stood and said, well, this mother was at risk, and I worried from New Hampshire. is a very rare procedure that is only about Congress micromanaging med- The Senator from New Hampshire used to protect the life of the mother— ical procedures. But I have come com- took this issue when no one else would I can refer you to speaker after speaker pletely to the conclusion that we did take it. The Senator from New Hamp- in the Congressional RECORD of last the right thing in passing the bill in shire stood on the floor of the Senate week in the House who defended this the first place. I voted for it. and carried the debate the last time in procedure, who got up and said, ‘‘But, I intend to vote for the override, and spite of enormous criticism for doing Mr. Speaker, we have to do this to pro- I am heartened by the comment of my so. The Senator from Pennsylvania is a tect the life of the mother.’’ friend from New York, who is known Johnny-come-lately to this issue, ad- Well, we have all sorts of medical for his independence, who is a pro- mittedly. I was not aware of this issue testimony that that is not the case, choice Senator on this issue but who until the Senator from New Hampshire No. 1. No. 2, even if it were the case, summarized I think better than any of was standing on the floor debating one the bill provides an exception for the us can in a single sentence when he day. I became aware of it, and couldn’t life of the mother. said, ‘‘For me, this comes too close to believe that we were actually debating Mr. BENNETT. Mr. President, that infanticide.’’ Infanticide, for whatever something like this on the floor of the was going to be my next question of purpose, is not something with which I U.S. Senate. Are you serious? This ac- the Senator. It is my understanding wish to be associated. tually happens in this country? I will that the bill says that in those cir- I congratulate the Senator from never forget listening to him and lis- cumstances where the life of the moth- Pennsylvania on his leadership on this tening to the volleys that were lobbed er is in danger, the prohibitions of the issue. I congratulate him for his com- at him and listening to him trying to bill would not apply. passion. I congratulate him for the stand up and present the facts although Mr. SANTORUM. That is correct. depth of his commitments to an issue they were continually obfuscated by Mr. BENNETT. It is also my under- that I think should touch the hearts of the other side. He stood tall, and he standing that according to the medical all Americans. I thank him for yield- can stand tall because he is a tall guy. information the health of the mother ing. But he stood tall, and we were able to might in fact be in danger by this proc- Mr. SANTORUM. I thank the Senator get this bill through. ess. from Utah. If I can, I would like to de- So now we are back. But I can tell Mr. SANTORUM. There is testimony flect the praise, frankly, that in every you, as I said earlier, I had never want- that I entered in the RECORD yester- respect should be deflected to the Sen- ed to debate the issue of abortion on day—and I know Senator SMITH has en- ator who is sitting in the chair, the the floor of the U.S. Senate, or in the tered into the RECORD previously, and Presiding Officer, who in spite of calls House when I was there. The Senator we will do so again tomorrow—that against him of being an extremist, and, from New Hampshire out of courage of

VerDate Aug 31 2005 00:20 Jul 01, 2008 Jkt 041999 PO 00000 Frm 00074 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S25SE6.REC S25SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 25, 1996 CONGRESSIONAL RECORD — SENATE S11285 his conviction stands up and says we the right to choose. This is not about come to terms with what is right and believe. I saw him that day going toe the right to choose. Whether I like it wrong, about what comes up to the line to toe with the opponents of this legis- or not, and, frankly, admittedly, I do and what crosses the line. I believe lation. I said to myself ‘‘Where were not like it, late-term abortions will that enough Senators will look inside you? Where were you when they needed continue to be performed if this proce- and see that this calls for a moment to to count the people to stand up for dure is outlawed. And they have been look at what the best of our humanity what you believe in? described. We can enter into the is about, not the worst, and they will So I came down to the floor for a few RECORD all the varieties of other abor- do the right thing. I will pray for that minutes. And the Senator was on the tion procedures that can be done. So do tonight. I hope you will, too. floor for hours. I was on the floor, in not argue the right to choose. Do not I yield the floor. comparison, for a second, but entered argue it is a decision between the doc- Mr. GRASSLEY addressed the Chair. into the debate for the first time. And tor and the patient, because the doctor The PRESIDING OFFICER. The Sen- I want to say to the Senator from New and the patient have plenty of alter- ator from Iowa is recognized. Hampshire that the inspiration that he natives. Mr. GRASSLEY. I compliment the showed is the reason I am here today, This is an issue about what 100 Sen- Senator from Pennsylvania for all the and the reason we are all here today is ators believe is the line in this coun- time he has devoted to this issue and we won a tough battle. People now are try. Where is that line? Or do we not how he causes everyone in this body thinking, ‘‘Well, 75 or 80 percent of the have a line anymore? Have we gotten and throughout America to think of American public’’—in fact then it was to the point in our culture that any the importance of this issue. I also 75 to 80 percent. They had no idea. And drawing of lines is offensive to us, any compliment the Presiding Officer, the there was a lot of misinformation out determination of what is right and Senator from New Hampshire, for his there that has now been clarified by what is wrong is for every individual to leadership and his work as well. thankfully a lot of obstetricians com- make a choice, that there is no right I agree with everything the Senator ing forward—hundreds of them coming and wrong anymore, it is just whatever from Pennsylvania has said. I am going forward—saying that we need to do you decide to do is OK, no matter who to speak tomorrow on this issue during this. The only people who are coming it affects and how it affects them. final debate. forward saying that this procedure is I do not think that any Member of f an acceptable medical procedure are this Chamber believes there are no CHILD PORNOGRAPHY those performing the procedure. No one rights and wrongs and that there are PREVENTION ACT else is. Some are saying we should no limits to what any individual can do allow this to continue because doctors to themselves or to somebody else. But Mr. GRASSLEY. Mr. President, I rise should be able to do what they want to you cannot hide from the fact that today in strong support of S. 1237, the do; that we should not limit doctors’ that is exactly what we are talking Child Pornography Prevention Act, in- choices and women’s choices. That is about here. We are talking about right troduced by Senator HATCH. I am proud not the same as saying that this proce- and wrong. We are talking about how to be an original cosponsor of this very dure is a healthy, good procedure; that far we are going to let people go to in- important piece of legislation, which they would do it, because they are not fringe on the rights of others even if would close loopholes in the current doing it and they wouldn’t do it. And those others are less than perfect, are child pornography statutes created by the Senator from New Hampshire stood fetally abnormal. computer technology. Now, due to the up here and made the case. Unfortu- I hope we would stand up for those marvels of modern technology, child nately, by the skin of our teeth, we children, the lesser as some would sug- pornographers can use computers to won here in U.S. Senate. I say ‘‘unfor- gest, lesser children. I would suggest— create synthetic child pornography tunately.’’ We should have won by and the women more importantly, the which is so realistic and life-like that more, if people had had all of the infor- women whose letters I read earlier no expert can distinguish it from tradi- mation that they have today. We found would suggest—that they are not less- tional kiddie porn. S. 1237 would close that out over the last several months. er, not by any stretch of the imagina- that gap. I am hopeful that Republicans and tion are they lesser. They are impor- But the bill has not come up for a Democrats alike who voted against tant members of the human family and vote yet, even though the bill was put this legislation will examine the facts. they make a significant contribution. I on the calendar over a month ago. Why I am not even going to ask you to ex- bet you could ask some of those moth- is that? Why has not the Senate moved amine your conscience or examine your ers and they would tell you that the to pass this legislation quickly and morals. Make that decision outside of child who lived 2 months made more send it to the House as the 104th Con- that, although I hope you would not. contributions to them and to their gress comes to an end? Examine the facts as we now know community than people who lived The reason, Mr. President, is that them, not as given to us by the advo- there for 30 years. some Senators from the other side of cates of abortion, the National Abor- I remember we in my generation al- the aisle will not let the bill come up tion Federation or Planned Parent- ways like to say when it comes to our for a vote because they oppose stiff new hood, but of doctors who are out there children it is not the quantity of time, mandatory penalties for child pornog- performing these procedures, of report- it is the quality of time you spend with raphers. ers, physicians, in some cases, who your kids. How many times do you In the Judiciary Committee, I offered have done investigative reporting to hear that? I wish that were true, but it an amendment which would create a find out what is going on out there— is both. But certainly quality of time is three-strikes-and-you’re-out penalty not what they tell us but what actually important. Are we going to say that structure for the production of child is going on. because their quantity of time is not pornography. First time offenders will Now, you cannot hide behind what going to be such for our standards, that receive a 10-year minimum sentence. people who agree with you on this issue their quality of life is not normal by For a second offense, there would be a would like to have you believe. You our standards, that they are expend- 15-year minimum sentence, and for a have to face facts that this is not a able by the most brutal procedure I third offense, there would be a min- rare procedure done to protect the lives think any of us have ever heard? imum sentence of 30 years to life. My and health of women. Anyone who Oh, I have faith in the Senate. I have amendment passed the committee after stands up in this Chamber and says faith that, as I look at these empty much debate. that this is a rare procedure done to chairs—and most of them are empty, But now, some Senators from the protect the lives and health of women all but the Senator from Iowa—I look other side of the aisle are using senato- is not stating the facts. The facts at those chairs, and I can see in those rial privilege in order to have my counter that, are absolutely opposite chairs every Senator sitting there as amendment stripped out of the bill to it. they will be tomorrow, or standing without ever having a vote on the mat- So let us have a debate about the down in the well, and they will have to ter. These Senators are literally hold- facts. Let us not have a debate about be making a decision that they have to ing the Senate hostage. In contrast,

VerDate Aug 31 2005 00:20 Jul 01, 2008 Jkt 041999 PO 00000 Frm 00075 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S25SE6.REC S25SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S11286 CONGRESSIONAL RECORD — SENATE September 25, 1996 Senators on my side of the aisle have The Marine Commandant, General Mr. President, in my mind, this is informally offered to have another vote Krulak, visited me in late July and bad public policy. It’s going to back- on this issue. But to no avail. helped to soften some of my objections. fire—big time. Giving in to the Marine Mr. President, this is outrageous. I For example, he assured me that the Corps’s request will not lay this issue believe that the American people want 12 new generals will be assigned to to rest. This is not the end of it. It’s tougher penalties for child molesters warfighting billets. That is good. just the beginning. and child pornographers. And I am He promised me that the new gen- It is an ominous sign of interservice proud to have taken a leadership role erals will not fill mushrooming head- rivaalry that could ignite a war over on the issue. To the Democrat Senators quarters billets. who can get the most stars. who oppose minimum sentences for Those are the billets that Marine The Army, Navy, and Air Force are child pornographers, I say let’s have a General Sheehan is so worried about. now going to complain: The Marines vote. Secret tricks like holds should But General Krulak’s guarantees do got theirs. Now we want ours. The floodgates are about to open. not be used to drop the bottom out of not overcome my basic objection to the The Army, Navy, and Air Force are idea of adding brass at the top when the penalties for child pornographers. already lining up with their requests the military is downsizing. I think that this is shameful, Mr. for more generals. President. And I believe that the Amer- From that standpoint, section 405 of The Navy went on record in March, ican people have a right to know why the bill defies understanding. saying it has ‘‘331 valid flag officer re- the Child Pornography Prevention Act With 80 generals on board, the Ma- quirements.’’ is bottled up on the Senate floor. The rine Corps will have more generals The Navy is authorized to have 220 roadblock to passage of this vitally im- than it had at the height of World War today. Does this mean the Navy needs portant bill with tougher child pornog- II when the Marine Corps was three another 111 admirals? raphy penalties is not the Republican times as big as it is today. The Navy is already topheavy with caucus. It is not my side of the aisle The Marine Corps is critically short brass, having just about one admiral which is blocking this bill trying to of platoon sergeants. That is where we per ship. lower the penalties for child pornog- should add money—not for generals. The Army and the Air Force are even raphers. The Marine Corps is already top- more topheavy—fatter with brass. If the bill does not pass this year, the heavy with brass. Yet both the Army and the Air Force fault will rest squarely on the shoul- That came through loud and clear are lobbying Secretary Perry to get ders of the other side of the aisle. during Operation Restore Hope in So- their requests for more generals ap- I remain ready to vote on this mat- malia, according to Col. David proved. ter. I encourage my friends on the Hackworth. Now, while Mr. Perry is doing this, other side of the aisle to come out and Colonel Hackworth’s thoughts are he is also telling the military to con- debate minimum sentences for child presented in his new book entitled: tinue downsizing. pornographers. Hazardous Duty: America’s Most Does this make sense, Mr. President? Does it make sense to topsize when f Decorated Living Soldier Reports From the Front and Tells It the Way It Is.’’ you’re downsizing? THE NATIONAL DEFENSE Marine Lt. Gen. Robert Johnson was Former Chairman of the Joint Chiefs AUTHORIZATION ACT in charge of Operation Restore Hope in of Staff, Gen. Colin Powell, shed some Mr. GRASSLEY. Mr. President, I late 1992. light on this issue back in 1990 when think the leadership of the Armed He had 12 rifle companies under his post-cold-war downsizing began in ear- nest. Services Committee deserves a lot of command or about 1,200 fighters. General Powell’s thinking on this credit for wrapping up the conference But as Colonel Hackworth points out, issue was outlined in an article that General Johnson’s headquarters on the fiscal year 1997 Defense author- appeared in the August 1 issue of the strength was 1,141. ization bill in record time. Washington Post. This measure was ready before the So General Johnson’s headquarters The article was written by Mr. Wal- August recess. We just could not get to staff almost outnumbered the fighters. ter Pincus. it because of other pending business. In all, he said, there were 12 Amer- I ask unanimous consent to have this The chairman of the committee, Sen- ican generals in Somalia, one for every report printed in the RECORD. ator THURMOND, and the ranking Demo- rifle company. There being no objection, the mate- crat, Senator NUNN, have done an out- A rifle company is commanded by a rial was ordered to be printed in the standing job. captain, and a captain does not need a RECORD, as follows: They resolved a number of very com- bunch of generals giving him orders. [From the Washington Post, Aug. 1, 1996] plicated and difficult issues, and they All he needs is one good colonel. MARINES LAND GENERALS DESPITE SOME did it in a very timely and business- Colonel Hackworth concludes with OPPOSITION like way. this thought: ‘‘Never had so few been (By Walter Pincus) I would also like to thank the com- commanded by quite so many.’’ The Marines have landed their 12 more mittee for protecting my amendments: So why does a shirinking Marine generals and despite some opposition appear Section 217 that establishes a 1991 Corps need more generals? The Marine to have the situation well in hand. baseline for the independent cost esti- Corps already has too many generals House conferees yesterday reached an mate for the F–22 fighter; and commanding troops in the field. Soma- agreement on the fiscal 1997 defense author- lia proved that point. They aren’t need- ization bill that will allow the Corps to ap- Section 809 that places a $250,000 per point a dozen more generals, enlarging its year cap on executive compensation. ed for combat. They are needed for bu- top tier so that the Marines will have a fair However, I am very unhappy with reaucratic infighting in the Pentagon share of representatives in joint commands one part of the final bill—section 405. budget wars. and be able to fill vacant positions. I am very disappointed to see this The Committee makes that point If the conference report passes both houses provision in the final bill. crystal clear in its report. I quote: and is signed by President Clinton, the Ma- Section 405 authorizes an increase in ‘‘The increase is intended to permit the rines will be entitled to raise the number of active duty generals from 68 to 80. That the number of general officers on ac- Marine Corps to have greater represen- would give the 174,000-member Corps, one tive duty in the Marine Corps. tation at the general officer level on more general than it had in June 1945 when It raises the current ceiling from 68 the Department of the Navy-Secre- the force was 475,000 strong, according to to 80 generals. tariat staff and in the joint arena.’’ Rep. G.V. ‘‘Sonny’’ Montgomery (D-Miss.), That is an increase of 12 generals. The Marines think more generals at who opposed the increase. I attempted to block this measure the table will mean a bigger slice of Sen. Charles E. Grassley (R-Iowa), who led but failed. My amendment was de- the pie or a better piece of the action the opposition in the Senate, said yesterday he was ‘‘very disappointed and frustrated’’ feated by a vote of 79 to 21. somewhere down the road. by the House conferees’ action. He said he The House had rejected it earlier but That’s what this is all about: cap- had hoped the increase could have been held could not prevail in conference. turing important bureaucratic real es- off pending a study ‘‘based on recent So we lost the fight. tate. downsizing in the rank and file.’’

VerDate Aug 31 2005 00:20 Jul 01, 2008 Jkt 041999 PO 00000 Frm 00076 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S25SE6.REC S25SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 25, 1996 CONGRESSIONAL RECORD — SENATE S11287 But the Marines have insisted that the in- As a matter of good faith, General Powell killing us. But the story does not stop crease is warranted. ‘‘We don’t ask for some- reportedly said, ‘‘you have to look at cutting here. thing unless it is truly needed,’’ Marine generals and flag officers proportional to the The criminal thugs that bring drugs Commandant Gen. Charles C. Krulak said in reductions in base forces.’’ into this country are not philan- a letter to Grassley. General Powell said the military The Iowa Republican warned that other thropists. They are in the business to services will now be encouraged to request services were organized like a pyramid. make money. And lots of it. That’s more admirals and generals, despite the He said, ‘‘you can’t just cut at the bot- why they come to the world’s largest military drawdown. ‘‘This is just a small tom. You have to take some off at emporium. And they do well. But that snowball rolling down a hill that is going to every level so it still has the proper leaves them with the problem of what expand very rapidly the number of brass in shape to it.’’ to do with all the loot: how to turn all all services,’’ he said. Mr. President, that is Colin Powell that dirty money into nice, clean cash. Last March, Adm. Frank L. Bowman, chief talking, and he should know something of naval personnel, told the Senate Armed To do this, they exploit our banks and Services Committee, ‘‘I am convinced the about how the military is supposed to business. They smuggle cash out in Navy needs 25 to 30 more flag officers in be organized. Colin Powell says we bulk. They use our electronic high- order to have a manageable number of people should reduce the number of generals ways. to assign without having to rely on gapped when the force structure is shrinking. As the Center for Technology Assess- billets or filling flag officer billets with sen- So why are we adding brass at the ment noted last year, our ‘‘Financial ior captains.’’ top when the force is getting smaller? institutions and their wire transfer Yesterday, Capt. Jim Kudla, spokesman for Someone needs to provide an honest systems provide the battleground to Bowman, said the Navy proposal ‘‘is not yet answer to that question. I have not out of the hopper,’’ but added that a number control money laundering.’’ Criminal is under study in the office of Navy Sec- heard one yet. gangs employ a thousand techniques retary John H. Dalton. If we keep adding at the top and cut- that fertile imaginations—the best The Navy, which this year has 428,000 offi- ting at the bottom, pretty soon the that money can buy—can devise. They cers and enlisted personnel, currently is au- military pyramid will lose its shape. do all of this in defiance of our laws, in thorized to have 216 flag officers plus four We will have an upside-down pyramid. vicious contempt for common decency. more allowed by the Joint Chiefs of Staff. Congress must not allow its decisions And when these sorry riches find their That is down from a total force of 535,000 in to be driven by interservice rivalry. 1990 when it had 256 admirals. way into secure havens, they are then Under current plans, Navy personnel will There has to be a better way to deter- used to corrupt and intimidate individ- go down to 395,000 by late 1998 and level off mine the right number of generals. uals, institutions, and whole govern- there. Nonetheless, according to Bowman, On July 19, I wrote to the President, ments. The vicious cycle is complete the Navy’s increase in admirals is justified asking him to intervene in this matter. and begins again. because ‘‘I believe we went too far in flag of- He is our Commander in Chief and These criminal gangs, to push their ficer reductions in the Navy. We are feeling needs to take charge and show some drugs and launder their millions, make the pinch.’’ leadership. In 1990, then-Defense Secretary Richard B. use of the very same systems that are Cheney and his chairman of the Joint Chiefs I asked him to delay this decision the sources of our prosperity. They of Staff, Gen. Colin L. Powell, agreed that as until an independent review is con- smuggle drugs in and they sneak the they reduced overall service levels, they ducted to determine how many general cash out. They exploit our financial would as a ‘‘matter of good faith’’ look at officer positions are needed, based on processes and our commercial mecha- cutting generals and flag officers ‘‘propor- real military requirements. I have nisms to do this. We must not permit tional to the reductions in base forces,’’ a never received a response. this to happen. There in lies our di- former senior Powell aide said yesterday. I am afraid he’s been steamrollered lemma. Since the main forces were being reduced by the generals, just like the Congress. by 25 percent, Cheney and Powell looked at On the one hand, we must decide on cutting the number of generals and admirals f those policies and practices that will most effectively facilitate our trade by at least 20 percent. Powell argued that ILLEGAL DRUG TRADE the military services were like a pyramid. and finance. We must do this in order ‘‘You can’t just cut at the bottom,’’ the Mr. GRASSLEY. Mr. President, a few to sustain our continued prosperity former aide said in describing Powell’s posi- steps from this Capitol Building is a and competitiveness. On the other tion. ‘‘You have to take some off at every combat zone. In just a few blocks from hand, we must decide how best to dis- level so it still had the proper shape to it.’’ here lies the killing ground that is one courage the criminal exploitation of Powell regularly met with other members of the consequences of the illegal drug of the Joint Chiefs to have them ‘‘pledge our financial systems and our commer- their commitment’’ to the cuts which, the trade in this country. On average, over cial arrangements. This clash of inter- former aide said, ‘‘were painful.’’ Those 400 people in Washington are murdered ests is no easy problem to deal with, chiefs have now retired and the services, every year. That is roughly 60 lives lost but deal with it we must. starting with the Marines, have begun to re- per 100,000 population. The national av- Unfortunately, this country has a lieve the pain, the aide added. erage is 6 per 100,000. That makes major drug problem. As it is in vir- The issue has led to some tough back-room Washington the Nation’s murder cap- tually every other area of economic ac- politicking while House and Senate con- ital. Those casualties, the lives lost ferees worked out their differences. tivity, the United States is the world’s Recently, House and Senate aides said they and maimed, occur in just a few neigh- largest market for illegal drugs. Amer- had been told by Pentagon sources that Ar- borhoods. They are not spread out over icans have more money and more time nold L. Punaro, minority staff director of the whole city. Much of this carnage is than do many other people. This means the Armed Services panel, aide to Sen. Sam directly the result of drugs and the that every entrepreneur in the world is Nunn (D-Ga.) for 23 years and a Marine Corps harm that they cause, a harm that out to make it big in the U.S. market. Reserve brigadier general, had masterminded falls disproportionately on a few neigh- Some of the most skilled, intelligent, the move. The sources, from other services, borhoods. and ruthless of these entrepreneurs are alleged that Punaro was preparing a billet Now, virtually every ounce of illegal for himself for next year after Nunn retires drug traffickers. from the Senate. drug you can buy within a stone’s We are not dealing here with mom- Punaro, who had heard the rumor, reacted throw of here—and that is just about and-pop operations. We are dealing sharply to it. any drug you could want in any quan- with well-financed, international busi- ‘‘The new active-duty Marine Corps gen- tity you care to buy—is produced over- ness enterprises with a global reach. eral officer positions have nothing whatso- seas. It is imported into this country. They are sophisticated and dangerous. ever to do with my future,’’ he said. ‘‘I will Washington is not on the border with Let there be no mistake, the criminal remain a civilian when I leave my current position with the Senate Armed Services Mexico. We don’t grow poppies in ward organizations that traffic in drugs or Committee.’’ 6 or coca in Anacostia. These drugs other illegal goods are among the most Committee sources said Punaro stayed out find their way here in commercial significant threats to our well-being of the issue other than to sit in on briefings cargo, in motor homes, in peoples’ that we currently face. by Krulak in Nunn’s office. stomachs. They fly, walk, drive, and The major international criminal or- Mr. GRASSLEY. I will quote from float into this country every day in a ganizations—based in Asia, Europe, Af- the article: thousand ways. That availability is rica, and Latin America—now dispose

VerDate Aug 31 2005 00:20 Jul 01, 2008 Jkt 041999 PO 00000 Frm 00077 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S25SE6.REC S25SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S11288 CONGRESSIONAL RECORD — SENATE September 25, 1996 of economic resources that enable pressway for drug smuggling. We have Rarely, legislatively, does a program them to defy local and international to ensure that banking without borders receive strategic or comprehensive law. They are richer than many coun- does not become an opportunity for consideration that combines all the tries. They are ruthless, and they are banking without conscience. But how elements. Doing that is typically one remorseless. Either through a process to do that without smothering legiti- of the responsibilities of the executive of threat and intimidation or by brib- mate activity? We must devise the branch. We look to the administration ery and financial manipulation, they means to disrupt criminal enterprise to present the comprehensive plan, to are able to challenge the authority of without destroying free markets. We integrate all the pieces into meaning- governments. They are able to under- must ensure effective international co- ful policy. It is Congress’ role to ensure mine the integrity of public and pri- operation and yet work with countries that the net results are what is in- vate institutions. Where they cannot often incapable of taking effective ac- tended. That the money is buying what suborn they subvert. Where they can- tion. We must lead, but we cannot suc- it is meant for. not corrupt they kill. ceed without cooperation. We may not always agree with how The rollcall of countries currently That is what this hearing is about. things are put together, but a dialog on facing direct and serious challenges We must look at what we are doing and our disagreements is how a democracy from these groups is disturbing. Today what we can do better. We need to con- makes up its mind. This process, how- criminal gangs in Russia, China, Italy, sider what works and what does not. ever, does not lend itself to central di- Nigeria, Mexico, and Colombia openly We need to cast a critical eye on our rection. Congress may, through the operate or have been able to penetrate actions and those of our allies and oversight process, seek to encourage into the depths of the political, social, friends to determine what more we can cohesiveness. It may, through legisla- and economic systems in those coun- do. I am concerned that our policies tion, require strategic thinking. But, tries. Many smaller countries, without are not up to the task. I am concerned while you can lead an administration the range of resources available else- that we have put our priorities in the to water, you cannot necessarily make where, are simply overmatched and wrong places. Frankly, we have a long it take the plunge. You cannot give it outmaneuvered in trying to enforce way to go and a lot of work ahead of coherence. You cannot supply a vision their own sovereignty. In some cases, us. More kids are starting to use drugs. that is wanting, a conviction that is criminal penetration has become so se- We are seeing more calls for legaliza- simply not there. You cannot enforce rious that it raises questions about the tion. We have dropped the ball on fight- wisdom. When these are lacking, Con- future stability of the country in ques- ing back. gress is not always the best body to tion. There is growing concern about In the meantime, the criminals are provide uniform direction. It is, how- the ability of many governments, often getting richer and more sophisticated. ever, bound to try. deeply penetrated by criminal corrup- As we face 21st century thugs, we need That is the situation we face now is tion, to respond meaningfully—if at 21st century G-men. We need to be so many areas of our international pol- all—to these criminal gangs. smarter and faster. We need to be fo- icy. Things are drifting. There is no co- In addition, banks and businesses pay cused and consistent. As one Treasury herence, no vision. And, sometimes, I out billions of dollars every year, di- official put it, money laundering is a wonder about the wisdom behind what rectly or indirectly, to these same ‘‘crime hidden in the details of legiti- passes for policy. This is painfully criminal gangs. Whether in protection mate commerce.’’ The same is true for clear in looking at our drug policy. money or in losses suffered from so- smuggling. The devil is in the details. I have spoken a number of times phisticated scams. Whether in extor- It is the details that we want to get at. about the incoherence in our present tion or swindles, individual businesses It is how to respond effectively to the efforts. I have documented, recently, and national economies are routinely details of these criminal activities that the consequences of these failed poli- ripped off, to the tune of billions of dol- we must address in our policies. cies for drug use in this country. Un- lars annually, by ruthless criminal f less we simply do not expect our poli- thugs. The cost of their activities are not THE NET EFFECT cies to make any difference. Unless we paid out just in the crimes that they Mr. GRASSLEY. Mr. President, the are committed to the idea that we commit. They also exact a cost in Congress is now engaged in the busi- spend the public’s money for the heck terms of trust. They undermine good ness of passing a budget to fund this of it. Unless we believe that words are faith. When left unchecked, they per- Government for another year. This meant to substitute for results. Then, vert the very ideas of a free market. process is one of the most important we cannot look at our current efforts The bleed public establishments of pub- pieces of business that this body en- and the trend in youthful drug use and lic support. They threaten democratic gages in. In discussing where and how conclude that what we are doing is institutions and the social, political, and for what we spend the public’s working. and economic circumstances that must money on public business in the public Simply put, the present strategy sustain those institutions. We can see interest is one of the most compelling from this administration on drugs is a that process at work in Colombia, and stories of government. I wish that failure. It has been a failure from the Russia, and next door in Mexico. But more of our fellow citizens watched the beginning. The most recent effort at a the problem does not stop here. debates on this floor as we argue written strategy, while an admirable In this country, these criminal gangs among ourselves on their behalf how attempt by the new drug czar, is thin. daily kill and maim more Americans best to spend their hard earned dollars. It lacks substance. It has no measur- than have suffered at the hands of ter- It is an important lesson in civics. It is able standards of performance. It con- rorist bombs. They have done more a course in practical politics, on how tains little new. It has few measures of damage to our social fabric and well- real differences on important matters success. Even more disappointing, the being than has any rogue political of substance are resolved. It is some- administration has been noticeably in- leader in Libya or Iran. They have times not an elegant process but it is visible on the Hill in defending its own caused more real harm in a day than one of the critical features of demo- programs. This, also, is not new. Even all the illegal videotapes produced in cratic government. in the Democratic-controlled Congress, China. Through the drugs that these One of the most inelegant parts of the administration largely left the scoundrels make and sell, they sow the process, is the fact that legislating drug program to fend for itself. havoc in our homes and neighborhoods, budgets is not coherent in the sum of This under-supported policy was also on our streets, and in our clinics. its parts. We divide our budget consid- the program that the administration We must take the steps necessary to eration into many pieces. It’s the only took to the public. Its most remem- ensure that our citizens are secure practical way to deal with the problem bered hallmarks are ‘‘I didn’t inhale’’, from harm and that the very processes of how to spend money. This means, and the Surgeon General’s call for seri- of our well-being are protected from however, that money and the politics ous consideration of legalization. Hard- abuse. We must ensure that the free- that it is spent on is similarly consid- ly substitutes for ‘‘Just Say No.’’ The trade highway does not become an ex- ered in its many parts, not as a whole. consequences were vanishing interest

VerDate Aug 31 2005 00:20 Jul 01, 2008 Jkt 041999 PO 00000 Frm 00078 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S25SE6.REC S25SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 25, 1996 CONGRESSIONAL RECORD — SENATE S11289 in serious counter-drug efforts and re- our responsibility to provide adequate, the Senate by Mr. Kalbaugh, one of his newed calls for legalization—given en- consistent support to drug programs. secretaries. couragement by this administration’s In doing so, we help to put our drug EXECUTIVE MESSAGES REFERRED Surgeon General. The results of that policy back on track. We engaged a As in executive session the Presiding indifference and incoherence are clear problem that we cannot afford to ig- Officer laid before the Senate messages for anyone who wants to take a look at nore or wish away. In responding, we from the President of the United the recent reporting on youthful drug must consider the net effect. I urge my States submitting a nomination which use in this country over the past 31⁄2 colleagues to support funding for the was referred to the Committee on years. The picture is sobering. The re- programs I have mentioned above as we Rules and Administration. sults are dramatic increases of drug work on the appropriations bills before (The nomination received today is use among kids. All the recent surveys us. printed at the end of the Senate pro- confirm this. In addition, the forth- Mr. President, I yield the floor and ceedings.) coming annual PRIDE survey will add suggest the absence of a quorum. f further weight to the body of evidence. The PRESIDING OFFICER. The In response to this fact, the congres- clerk will call the roll. MESSAGES FROM THE HOUSE sional leadership, led by Bob Dole, The legislative clerk proceeded to A message from the House of Rep- commissioned a joint House-Senate call the roll. resentatives, delivered by Ms. Goetz, task force last year to do what the ad- Mr. GRASSLEY. Mr. President, I ask one of its reading clerks, announced ministration has not done: develop a unanimous consent that the order for that the House has passed the fol- coherent view of what needs to be done. the quorum call be rescinded. lowing bills, in which it requests the The task force report, which came out The PRESIDING OFFICER. Without concurrence of the Senate: earlier this year, provides us with guid- objection, it is so ordered. H.R. 1791. An act to amend title XIX of the ance on where we need to be going with f Social Security Act to make certain tech- our drug policy. In particular, as Con- nical corrections relating to physicians’ gress now considers the international MORNING BUSINESS services. drug budget in its many parts, the re- Mr. GRASSLEY. Mr. President, I ask H.R. 3217. An act to provide for ballast unanimous consent that there be a pe- water management to prevent the introduc- port indicates the direction that we tion and spread of nonindigenous species into need to be taking to give us more co- riod for the transaction of morning the waters of the United States, and for herence and sense of purpose in our ef- business with Senators permitted to other purposes. forts. speak therein for up to 5 minutes each. H.R. 3452. An act to make certain laws ap- In the absence of meaningful policies The PRESIDING OFFICER. Without plicable to the Executive Office of the Presi- from the administration, we have a re- objection, it is so ordered. dent, and for other purposes. H.R. 4083. An act to extend certain pro- sponsibility to the public to make up f for the deficit. As we construct our sep- grams under the Energy Policy and Con- LORET RUPPE servation Act through September 30, 1997. arate drug budgets, we must take this need into our deliberations. Mr. COVERDELL. Mr. President, The message also announced that the In essence, our overall drug programs today the Senate Foreign Relations House has agreed to the following con- are an effort to build a fisherman’s Committee reported House Joint Reso- current resolutions, in which it re- net—a web of programs, efforts, and lution 158, a joint resolution com- quests the concurrence of the Senate: policies that will catch and hold the mending the Peace Corps and its volun- H. Con. Res. 132. Concurrent resolution re- school of drug problems. We must con- teers for their 35 years of service to lating to the trial of Martin Pang for arson struct a balanced weave. One without America and the world. I was espe- and felony murder. cially pleased that my colleagues on H. Con. Res. 200. Concurrent resolution gaping holes. One that is suited to the honoring the victims of the June 25, 1996, ter- circumstances of our needs and our ca- the committee agreed to an amend- rorist bombing in Dhahran, Saudi Arabia. pabilities. The budget process is our ment to this resolution offered by Sen- H. Con. Res. 212. Concurrent resolution en- net. It is here that we must ensure that ator DODD and myself which honors the dorsing the adoption by the European Par- we bring more consistency to our delib- memory of Loret Ruppe, the longest liament of a resolution supporting the Re- erations over the various parts of our serving director of the Peace Corps. public of China on Taiwan’s efforts at joining drug budget to ensure that the result is When I became director of the Peace the community of nations. more than the sum of its parts. Corps in 1989, I had the privilege of in- The message further announced that We need to ensure, as we balance the heriting a corps that had been revital- the House agrees to the report of the many conflicting needs represented in ized by Loret Ruppe’s great leadership, committee of conference on the dis- our budgets, that our drug program is vision, and dedication. Under her direc- agreeing votes of the two Houses on adequately funded in its constituent tion the Peace Corps began or revived the amendments of the Senate to the elements. We must ensure that DOD programs in Sri Lanka, Haiti, Burundi, bill (H.R. 3666) making appropriations bears responsibility for doing some- Guinea-Bissau, Chad, Equatorial Guin- for the Departments of Veterans Af- thing more than it has recently in sup- ea, and the Cape Verde Islands and she fairs and Housing and Urban Develop- porting drug operations. We must see energized a new generation to take up ment, and for sundry independent that Customs programs along the the challenge of serving in the corps. agencies, boards, commissions, cor- Southwest border, in Puerto Rico, and Her great accomplishments and belief porations, and offices for the fiscal in support of interdiction operations in the Peace Corps won the respect of year ending September 30, 1997, and for are adequately supported, after years volunteers and built bipartisan support other purposes. of neglect. We need to refurbish DEA’s for the Peace Corps’ mission of peace The message also announced that the international effort. We need to sup- through development. I feel that it is House disagrees to the amendment of port Coast Guard’s drug enforcement especially appropriate that the Mem- the Senate to the bill (H.R. 3539) to mission. We need to provide support to bers of this great legislative body, so amend title 49, United States Code, to the efforts to develop a Midwest high many of whom on both sides of the reauthorize programs of the Federal intensity drug trafficking area to stem aisle count themselves as admirers of Aviation Administration, and for other the flow of methamphetamine. this great woman, pass this resolution purposes, and agrees to the conference These things we can do more imme- to stand as a testament to her great asked by the Senate on the disagreeing diately. In the longer term, we in Con- service to America and to the millions votes of the Houses thereon; and ap- gress need to exercise more vigorous of the world’s citizens touched by her points the following Members as the oversight over present programs to en- efforts. managers of the conference on the part sure that the public is getting a proper f of the House: return on its investment. We need From the Committee on Transpor- more accountability. In the next days MESSAGES FROM THE PRESIDENT tation and Infrastructure, for consider- and weeks, as we work to do the peo- Messages from the President of the ation of the House bill (except section ple’s business, we must keep in mind United States were communicated to 501) and the Senate amendment (except

VerDate Aug 31 2005 00:20 Jul 01, 2008 Jkt 041999 PO 00000 Frm 00079 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S25SE6.REC S25SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S11290 CONGRESSIONAL RECORD — SENATE September 25, 1996 section 1001), and modifications com- Mr. Hays, one of its reading clerks, an- excess federal aircraft to facilitate the sup- mitted to conference: Mr. SHUSTER, Mr. nounced that the House agrees to the pression of wildfire; to the Committee on CLINGER, Mr. DUNCAN, Mr. OBERSTAR, report of the committee of conference Armed Services. EC–4164. A communication from the Assist- and Mr. LIPINSKI; on the disagreeing votes of the two ant Secretary for Fish and Wildlife and From the Committee on Transpor- Houses on the amendment of the Sen- Parks, Department of the Interior, transmit- tation and Infrastructure, for consider- ate bill (H.R. 2202) to amend the Immi- ting, pursuant to law, a rule concering ation of section 501 of the House bill gration and Nationality Act to improve migritory bird hunting (RIN 1018–AD69) re- and section 1001 of the Senate amend- deterrence of illegal immigration to ceived on September 24, 1996; to the Select ment, and modifications committed to the United States by increasing pen- Committee on Indian Affairs. conference: Mr. SHUSTER, Mr. CLINGER, alties for alien smuggling and for docu- EC–4165. A communication from the Sec- retary of the Interior, transmitting, pursu- and Mr. OBERSTAR; ment fraud, and be reforming exclusion ant to law, the annual report for fiscal year As additional conferees from the and deportation law and procedures, by 1995 with respect to outer continental shelf Committee on Rules, for consideration improving the verification system for lease sales; to the Committee on Energy and of section 675 of the Senate bill, and eligibility for employment, and Natural Resources. modifications committed to con- through other measures, to reform the EC–4166. A communication from the Assist- ference: Mr. DREIER, Mr. LINDER, and legal immigration system and facili- ant Secretary for Fish and Wildlife and Mr. BEILENSON; tate legal entries into the United Parks, Department of the Interior, transmit- As additional conferees from the States, and for other purposes. ting, pursuant to law, a rule regarding mi- Committee on Science, for consider- gratory bird hunting (RIN 1018–AD69) re- f ceived on September 24, 1996; to the Com- ation of sections 601–605 of the House mittee on Environment and Public Works. bill, and section 103 of the Senate MEASURES REFERRED EC–4167. A communication from the Assist- amendment, and modifications com- The following bill was read the first ant Secretary for Fish and Wildlife and mitted to conference: Mr. WALKER, and second times by unanimous con- Parks, Department of the Interior, transmit- Mrs. MORELLA, and Mr. BROWN of Cali- sent and referred as indicated: ting, pursuant to law, a rule regarding mi- fornia; gratory bird hunting (RIN 1018–AD69) re- H.R. 3217. An act to provide for ballast ceived on September 23, 1996; to the Com- As additional conferees from the water management to prevent the introduc- Committee on Science, for consider- mittee on Environment and Public Works. tion and spread of nonindigenous species into EC–4168. A communication from the Assist- ation of section 501 of the Senate the waters of the United States, and for ant Secretary for Fish and Wildlife and amendment and modifications com- other purposes; to the Committee on Envi- Parks, Department of the Interior, transmit- mitted to conference: Mr. WALKER, Mr. ronment and Public Works. ting, pursuant to law, a rule regarding mi- SENSENBRENER, and Mr. BROWN of Cali- f gratory bird hunting (RIN 1018–AD69) re- fornia; ceived on September 19, 1996; to the Com- As additional conferees from the MEASURE READ THE FIRST TIME mittee on Environment and Public Works. Committee on Ways and Means, for the The following measure was read the EC–4169. A communication from the Assist- ant Attorney General, Office of Legislative consideration of section 501 of the bill first time: Affairs, transmitting, a draft of proposed leg- H.R. 3539, and sections 417, 906, and 1001 H.R. 4134. An act to amend the Immigra- islation entitled ‘‘The Environmental Crimes of the Senate amendment and modi- tion and Nationality Act to authorize States and Enforcement Act of 1996’’; to the Com- fications committed to conference: Mr. to deny public education benefits to aliens mittee on Environment and Public Works. ARCHER, Mr. CRANE, and Mr. GIBBONS. not lawfully present in the United States EC–4170. A communication from the Direc- who are not enrolled in public schools during ENROLLED BILLS SIGNED tor of the Office of Regulatory Management the period beginning September 1, 1996, and and Information, transmitting, pursuant to At 12:10 p.m., a message from the ending July 1, 1997. law, three rules including one entitled ‘‘Op- House of Representatives, delivered by f erating Permits Program Interim Approval Ms. Goetz, one of its reading clerks an- Extentions’’ (received on September 19, 1996); nounced that the Speaker has signed ENROLLED BILL PRESENTED to the Committee on Environment and Pub- the following enrolled bills: The Secretary of the Senate reported lic Works. H.R. 3666. An Act making appropriations EC–4171. A communication from the Direc- that on September 25, 1996, he had pre- tor of the Office of Regulatory Management for the Departments of Veterans Affairs and sented to the President of the United Housing and Urban Development, and for and Information, transmitting, pursuant to sundry independent agencies, boards, com- States, the following enrolled bill: law, a rule regarding the Puget Sound Air missions, corporations, and offices for the S. 1507. An act to provide for the extension Quality Ozone (received on September 19, fiscal year ending September 30, 1997, and for of the Parole Commission to oversee cases of 1996); to the Committee on Environment and other purposes. prisoners sentenced under prior law, to re- Public Works. S. 1507. An act to provide for the extension duce the size of the Parole Commission, and EC–4172. A communication from the Chief of the Parole Commission to oversee cases of for other purposes. of the Regulations Unit of the Internal Rev- enue Service, Department of the Treasury, prisoners sentenced under prior law, to re- f duce the size of the Parole Commission, and transmitting, pursuant to law, Revenue Rul- for other purposes. EXECUTIVE AND OTHER ing 96–49 (received on September 24, 1996); to the Committee on Finance. The enrolled bills were signed subse- COMMUNICATIONS EC–4173. A communication from the Chief quently by the President pro tempore The following communications were of the Regulations Unit of the Internal Rev- [Mr. THURMOND]. laid before the Senate, together with enue Service, Department of the Treasury, accompanying papers, reports, and doc- transmitting, pursuant to law, Revenue Rul- At 12:31 p.m., a message from the uments, which were referred as indi- ing 96–45 (received on September 23, 1996); to the Committee on Finance. House of Representatives, delivered by cated: Ms. Goetz, one of its reading clerks, an- EC–4174. A communication from the Chief nounced that the House agrees to the EC–4161. A communication from the Acting of the Regulations Unit of the Internal Rev- Director of the Office of Management and report of the Committee of conference enue Service, Department of the Treasury, Budget in the Executive Office of the Presi- transmitting, pursuant to law, Revenue Rul- on the disagreeing votes of the two dent, transmitting, pursuant to law, a report ing 96–49 (received on September 20, 1996); to Houses on the amendment of the Sen- concerning direct spending or receipts legis- the Committee on Finance. ate to the bill (H.R. 3259) to authorize lation within five days of enactment; to the EC–4175. A communication from the Chief appropriations for fiscal year 1997 for Committee on the Budget. of Staff, Office of the Commissioner of Social intelligence and intelligence-related EC–4162. A communication from the Acting Security, transmitting, pursuant to law, a activities of the United States Govern- Director of the Office of Management and report with respect to a rule regarding in- ment, the Community Management Ac- Budget in the Executive Office of the Presi- come exclusions (RIN 0960–AE22) received on dent, transmitting, pursuant to law, a report September 19, 1996; to the Committee on Fi- count, and the Central Intelligence concerning direct spending or receipts legis- nance. Agency Retirement and Disability Sys- lation within five days of enactment; to the EC–4176. A communication from the Chief tem, and for other purposes. Committee on the Budget. of Staff, Office of the Commissioner of Social EC–4163. A communication from the Sec- Security, transmitting, pursuant to law, a At 4:01 p.m., a message from the retary of Agriculture, transmitting, a draft report with respect to a rule regarding in- House of Representatives, delivered by of proposed legislation concerning the sale of come exclusions (RIN 0960–AE22) received on

VerDate Aug 31 2005 00:20 Jul 01, 2008 Jkt 041999 PO 00000 Frm 00080 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S25SE6.REC S25SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 25, 1996 CONGRESSIONAL RECORD — SENATE S11291 September 19, 1996; to the Committee on Fi- Joseph F. Ahern James B. Crawford and Transportation, I also report favor- nance. Jeffrey G. Lantz William J. ably four nomination lists in the Coast EC–4177. A communication from the Assist- Adan D. Guerrero Hutmacher Guard, which were printed in full in ant Secretary of Legislative Affairs, Depart- Walter S. Miller Glenn L. Snyder the CONGRESSIONAL RECORDS on July ment of State, tramnsmitting, pursuant to Mark E. Blumfelder Douglas P. Rudolph law, the report of a Presidential Determina- Richard W. Goodchild 29, and September 3, 1996, and ask John L. Grenier unanimous consent, to save the ex- tion regarding Mongolia; to the Committee Jon T. Byrd Timothy S. Sullivan pense of reprinting on the Executive on Finance. David W. Ryan Mark G. EC–4178. A communication from the Chief Jeffrey Florin Vanhaverbeke Calendar, that these nominations lie at of the Regulations Unit of the Internal Rev- John C. Simpson James Sabo the Secretary’s desk for the informa- enue Service, Department of the Treasury, William C. Bennett Paul C. Ellner tion of Senators. transmitting, pursuant to law, the report of Joel R. Whitehead The PRESIDING OFFICER. Without Notice 96–49 (received on September 19, 1996); Steven A. Newell James J. Lober, Jr. objection, it is so ordered. to the Committee on Finance. Wayne D. Gusman Douglas E. Martin Richard A. Rooth (The nominations ordered to lie on f Michael J. Devine Scott F. Kayser Lawrence M. Brooks the Secretary’s desk were printed in REPORTS OF COMMITTEES the RECORDS of July 29, and September The following reports of committees The following Reserve officer of the U.S. 3, 1996, at the end of the Senate pro- Coast Guard for promotion to the grade of ceedings.) were submitted: captain: By Mr. HELMS, from the Committee on By Mr. ROTH, from the Committee on Fi- Catherine M. Kelly nance, with an amendment in the nature of Foreign Relations: The following Regular officers of the U.S. a substitute: Treaty Doc. 104–15 Income Tax Convention H.R. 3815. A bill to make technical correc- Coast Guard for promotion to the grade of with Kazakstan (Exec. Rept. 104–34) commander: tions and miscellaneous amendments to TEXT OF THE COMMITTEE RECOMMENDED trade laws. George A. Russell, Virginia K. RESOLUTION OF ADVICE AND CONSENT By Mr. HELMS, from the Committee on Jr. Holtzman-Bell Resolved, (two-thirds of the Senators present Foreign Relations, without amendment: Patrick J. Matthew M. Blizard concurring therein), That the Senate advise H.R. 3846. A bill to amend the Foreign As- Cunningham, Jr. Richard A. Rendon and consent to the ratification of the Con- sistance Act of 1961 to authorize the provi- Dane S. Egli Bryan D. Schroder vention Between the Government of the sion of assistance for microenterprises, and Jeffrey S. Gordon John W. Yager, Jr. United States of America and the Govern- for other purposes. Bret K. McGough Marshall B. Lytle III ment of the Republic of Kazakstan for the H.R. 3916. A bill to make available certain Jody B. Turner Thomas D. Criman Avoidance of Double Taxation and the Pre- Voice of America and Radio Marti multi- Mark L. McEwen Stephen J. Ohnstad vention of Fiscal Evasion with Respect to lingual computer readable text and voice re- Mark A. Skordinski Carol C. Bennett Taxes on Income and Capital, Together with cordings. Donald K. Strother Thomas E. Hobaica the Protocol, signed at Almaty on October By Mr. HELMS, from the Committee on Francis X. Irr, Jr. David S. Stevenson 24, 1993, and Two Related Exchanges of Foreign Relations, with amendments and an Robert A. Farmer James T. Hubbard Notes, dated August 1 and September 7, 1994, amendment to the title and an amended pre- Richard M. Kaser George P. Vance, Jr. and dated August 15 and September 7, 1994 amble: Kurtis J. Guth Robert M. Atkin (Treaty Doc. 103–33); an Exchange of Notes H.J. Res. 158. A joint resolution to recog- Gary E. Felicetti Christine D. Balboni dated at Washington July 10, 1995, Relating nize the Peace Corps on the occasion of its Daniel A. Laliberte Mark D. Rutherford to the Convention Between the Government 35th anniversary and the Americans who Kurt W. Devoe Patrick B. Trapp of the United States of America and the Gov- have served as Peace Corps volunteers. Robert J. Legier Dennis D. Blackall ernment of the Republic of Kazakstan for the By Mr. HELMS, from the Committee on Robert E. Korroch Bradley R. Mozee Avoidance of Double Taxation and the Pre- Foreign Relations, with an amendment in Thomas P. Ostebo Richard J. Ferraro vention of Fiscal Evasion with Respect to the nature of a substitute and an amendment Mark A. Prescott Richard L. Matters Taxes on Income and Capital, Together with to the title and an amended preamble: Kenneth H. Sherwood Ekundayo G. Faux a Related Protocol, signed at Almaty on Oc- S. Res. 285. A resolution expressing the Mark S. Guillory David L. Lersch tober 24, 1993 (Treaty Doc. 104–15); and in Ex- sense of the Senate that the Secretary of Preston D. Gibson State should make improvements in Cam- Ricki G. Benson change of Notes, dated June 16 and 23, 1995 David L. Hill (EC–1431). The Senate’s advice and consent is bodia’s record on human rights, the environ- Michael P. Farrell Norman L. Custard, ment, narcotics trafficking, and the Royal Jr. subject to the following proviso, which shall Richard A. Stanchi not be included in the instrument of ratifica- Government of Cambodia’s conduct among Scott S. Graham Gregory B. the primary objectives in our bilateral rela- Breithaupt tion to be signed by the President: Mark R. Devries ‘‘The United States shall not exchange the tions with Cambodia. Kenneth R. Burgess, Steven E. Vanderplas By Mr. HELMS, from the Committee on Frederick J. Kenney, instruments of ratification with the Govern- Jr. ment of the Republic of Kazakstan until Foreign Relations, without amendment: Warren L. Haskovec Jr. S. 2130. An original bill to extend certain Steven J. Boyle such time as the Government of the Republic Jennifer L. Yount of Kazakstan has notified the Government of privileges, exemptions, and immunities to Thomas K. Richey Barry P. Smith the United States that its laws no longer Hong Kong Economic and Trade Offices. Dennis A. Hoffman William D. Lee permit anonymous bank accounts to be es- David M. Gundersen f John R. Lindley, Jr. tablished.’’ Jeffrey N. Garden EXECUTIVE REPORTS OF Robert R. O’Brien, Treaty Doc. 104–23 Protocol Amending Ar- Jr. James E. Tunstall COMMITTEES ticle VIII of the 1948 Tax Convention with Scott G. Woolman Kevin G. Quigley Respect to the Netherlands Antilles (Exec. The following executive reports of William W. Whitson, John R. Ochs Rept. 104–35) committees were submitted: Jr. Ronald D. Hassler Timothy J. Dellot TEXT OF THE COMMITTEE RECOMMENDED By Mr. PRESSLER, from the Committee Larry E. Smith Kenneth D. Forslund RESOLUTION OF ADVICE AND CONSENT on Commerce, Science, and Transportation: Mark A. Frost Mitchell R. Forrester Tomas Zapata Resolved, (two-thirds of the Senators present The following individual for appointment Patrick J. Nemeth Dennis M. Sens concurring therein), That the Senate advise as a permanent regular commissioned officer Curtis A. Stock Peter V. Neffenger and consent to the ratification of the Pro- in the U.S. Coast Guard in the grade of lieu- Christopher K. Alvin M. Coyle tocol Between the Government of the United tenant commander: Lockwood Daniel R. MaCleod States of America and the Government of Laura H. Guth. Barry L. Dragon Melissa A. Wall the Kingdom of the Netherlands in Respect The following officers of the U.S. Coast Michael D. Brand Robert M. Wilkins of the Netherlands Antilles Amending Arti- Guard Permanent Commissioned Teaching Bruce E. Grinnel Curtis A. Springer cle VIII of the 1948 Convention with Respect Staff at the Coast Guard Academy for pro- Brian K. Swanson Timothy G. Jobe to Taxes on Income and Certain Other Taxes motion to the grade indicated: Robert J. Malkowski Christian as Applicable to the Netherlands Antilles, signed at Washington on October 10, 1995 To be commander Brian J. Goettler Broxterman (Treaty Doc. 104–23). Robert R. Albright, II Charles W. Ray Rickey W. George Stephen J. Minutolo Elmo L. Alexander II Treaty Doc. 104–32 Taxation Protocol Lucretia A. Flammang Amending Convention with Indonesia (Exec. To be lieutenant commander (The above nominations were re- Rept. 104–36) James R. Dire ported with the recommendation that TEXT OF THE COMMITTEE RECOMMENDED The following Regular officers of the U.S. they be confirmed.) RESOLUTION OF ADVICE AND CONSENT Coast Guard for promotion to the grade of Mr. PRESSLER. Mr. President, for Resolved, (two-thirds of the Senators present captain: the Committee on Commerce, Science, concurring therein), That the Senate advise

VerDate Aug 31 2005 00:20 Jul 01, 2008 Jkt 041999 PO 00000 Frm 00081 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S25SE6.REC S25SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S11292 CONGRESSIONAL RECORD — SENATE September 25, 1996 and consent to the ratification of the Pro- of the United States of America to the Re- Karl Frederick Inderfurth, of North Caro- tocol, signed at Jakarta on July 24, 1996, public of Venezuela. lina, to be Alternate Representative of the Amending the Convention Between the Gov- (The following is a list of all members of United States of America to the Fifty-first ernment of the United States of America and my immediate family and their spouses. I Session of the General Assembly of the the Government of the Republic of Indonesia have asked each of these persons to inform United Nations. for the Avoidance of Double Taxation and me of the pertinent contributions made by Victor Marrero, of New York, to be Alter- the Prevention of Fiscal Evasion with Re- them. To the best of my knowledge, the in- nate Representative of the United States of spect to Taxes on Income, with a Related formation contained in this report is com- America to the Fifty-first Session of the Protocol and Exchange of Notes signed at plete and accurate.) General Assembly of the United Nations. Jakarta on July 11, 1988 (Treaty Doc. 104–32). Nominee: John E. Maisto. Richard W. Bogosian, of Maryland, a Ca- By Mr. HELMS, from the Committee on Post: U.S. Ambassador to Venezuela. reer Member of the Senior Foreign Service, Foreign Relations: Contributions, amount, date, and donee: Class of Minister-Counselor, for the rank of Arma Jane Karaer, of Virginia, a Career 1. Self: John F. Maisto, none. Ambassador during his tenure of service as Member of the Senior Foreign Service, Class 2. Spouse: Maria Consuelo G. Maisto, none. Special Coordinator for Rwanda/Burundi. of Counselor, to be Ambassador Extraor- 3. Children and Spouses Names: John Jo- (The above nominations were re- dinary and Plenipotentiary of the United seph Maisto/Karen Nelson, none. ported with the recommendation that States of America to Papua New Guinea, and 4. Parents Names: John Maisto (deceased), to serve concurrently and without additional Mary P. Maisto, none. they be confirmed, subject to the nomi- compensation as Ambassador Extraordinary 5. Grandparents Names: Elpedio Maisto nees’ commitment to respond to re- and Plenipotentiary of the United States of (deceased), Luisa Maisto (deceased). quests to appear and testify before any America to Solomon Islands, and as Ambas- 6. Brothers and Spouses Names: Albert L. duly constituted committee of the Sen- sador Extraordinary and Plenipotentiary of Maisto, none; Mary Jean Mills Maisto, none. ate.) the United States of America to the Republic 7. Sisters and Spouses Names: none. Mr. HELMS. Mr. President, for the of Vanuatu. Dennis K. Hays, of Florida, a Career Mem- Committee on Foreign Relations, I also (The following is a list of all members of ber of the Senior Foreign Service, Class of Counselor, to be Ambassador Extraordinary report favorably four nomination lists my immediate family and their spouses. I in the Foreign Service which were have asked each of these persons to inform and Plenipotentiary of the United States of me of the pertinent contributions made by America to the Republic of Suriname. printed in full in the CONGRESSIONAL them. To the best of my knowledge, the in- (The following is a list of all members of RECORDS of June 26, September 9, and formation contained in this report is com- my immediate family and their spouses. I September 19, 1996, and ask unanimous plete and accurate.) have asked each of these persons to inform consent, to save the expense of reprint- Nominee: Arma Jane Karaer. me of the pertinent contributions made by ing on the Executive Calendar, that Post: Port Moresby, Papua New Guinea. them. To the best of my knowledge, the in- these nominations lie at the Sec- Contributions, amount, date, and donee: formation contained in this report is com- 1. Self: Arma Jane Karaer, none. plete and accurate.) retary’s desk for the information of 2. Spouse: Yasar Karaer, none. Nominee: Dennis K. Hays Senators. 3. Children and spouses: Alexandra Karaer Post: Suriname The PRESIDING OFFICER. Without and Ceren Karaer, none. (Both children are Contributions, amount, date, and donee: objection, it is so ordered. unmarried) 1. Self: none. (The nominations ordered to lie on 4. Parents: Alexander Szczepanski, father, 2. Spouse: none. the Secretary’s desk were printed in 3. Children and Spouses Names: none. (deceased), Ida Szczepanski (mother), none. the RECORDS of June 26, September 9 4. Parents: Ronald and Jane Hays; $50.00 5. Grandparents: Bronislaw Szczepanski and 19, 1996, at the end of the Senate (deceased), Caroline Szczepanski (deceased), per year Richard Matsuura (D-Hawaii); $25.00 Irving E. Anderson, Sr. (deceased), and per year Gene Ward (R-Hawaii); $25.00 per proceedings.) Hedwig L. Anderson (deceased). year Tom Okamura (D-Hawaii); $1,000.00 1995 The following-named Career Member of the 6. Brothers and spouses: Bruce Orson Swindle (R-Hawaii); $100.00 per year Senior Foreign Service of the U.S. Informa- Szczepanski, none, Edith Szczepanski, none. Republican National Committee. tion Agency for promotion in the Senior For- David J. Szczepanski, $50.00, 3/20/95, Repub- 5. Grandparents Names: none. eign Service to the class indicated: lican Party; $100.00 8/23/95, Dennis Newinski. 6. Brothers and Spouses Names: none. Career Member of the Senior Foreign Serv- Currently a member of the Dennis Newinski 7. Sisters and Spouses Names: none. ice of the United States of America, Class of finance committee. Joan Szczepanski (de- Genta Hawkins Holmes, of California, a Ca- Career Minister: ceased). Michael Szczepanski, none; Nancy reer Member of the Senior Foreign Service, Marilyn McAfee, of Florida Szczepanski, none; Steven Szczepanski (un- Class of Minister-Counselor, as Ambassador The following-named persons of the agen- married), none; Thomas Szczepanski, none; Extraordinary and Plenipotentiary of the cies indicated for appointment as Foreign Cynthia Szczepanski, none. United States of America to Australia. Service Officers of the classes stated, and Sisters and spouses: I have no sisters. Nominee: Genta Hawkins Holmes also for the other appointments indicated Anne W. Patterson, of Virginia, a Career Post: Australia herewith: Member of the Senior Foreign Service, Class (The following is a list of all members of For appointment as Foreign Service Offi- of Minister-Counselor, to be Ambassador Ex- my immediate family and their spouses. I cer of Class One, Consular Officers and Sec- traordinary and Plenipotentiary of the have asked each of these persons to inform retaries in the Diplomatic Service of the United States of America to the Republic of me of the pertinent contributions made by United States of America: El Salvador. them. To the best of my knowledge, the in- AGENCY FOR INTERNATIONAL DEVELOPMENT (The following is a list of all members of formation contained in this report is com- my immediate family and their spouses. I plete and accurate.) Paul Albert Bisek, of Virginia have asked each of these persons to inform Contributions, amount, date, and donee: For appointment as Foreign Service Offi- me of the pertinent contributions made by 1. Self: None. cers of Class Two, Consular Officers and Sec- them. To the best of my knowledge, the in- 2. Spouse: none. retaries in the Diplomatic Service of the formation contained in this report is com- 3. Children and Spouses Names: none United States of America: plete and accurate.) 4. Parents Names: deceased. AGENCY FOR INTERNATIONAL DEVELOPMENT 5. Grandparents Names: deceased. Nominee: Anne W. Patterson. Susumo Ken Yamashita, of Maryland Post: El Salvador. 6. Brothers and Spouses Names: Ronald H. Contributions, amount, date, and donee: Hawkins, none; Lynn A. Hawkins none. For appointment as Foreign Service Offi- 1. Self: Anne W. Patterson, none. 7. Sisters and Spouses Names: none. cers of Class Three, Consular Officers and 2. Spouse: David R. Patterson none. John Stern Wolf, of Maryland, a Career Secretaries in the Diplomatic Service of the 3. Children and Spouses Names: Edward C. Member of the Senior Foreign Service, Class United States of America: Patterson (age 14), Andrew Patterson (age 8), of Minister-Counselor, for the rank of Am- AGENCY FOR INTERNATIONAL DEVELOPMENT none. bassador during his tenure of service as U.S. Susan Kucinski Brems, of the District of Co- 4. Parents Names: John and Carol Woods, Coordinator for Asia Pacific Economic Co- lumbia none. operation (APEC). Christine M. Byrne, of Virginia 5. Grandparents Names: Sarah Ackley, Madeleine Korbel Albright, of the District James Eric Schaeffer, of Florida none. of Columbia, to be Representative of the DEPARTMENT OF COMMERCE 6. Brothers and Spouses Names: John Davis United States of America to the Fifty-first Woods, Jr., none; Jean Byers Woods, none. Session of the General Assembly of the Karla B. King, of Florida 7. Sisters and Spouses Names: none. United Nations. Terry J. Sorgi, of Wisconsin John Francis Maisto, of Pennsylvania, a Edward William Gnehm, Jr., of Georgia, to For appointment as Foreign Service Offi- Career Member of the Senior Foreign Serv- be Representative of the United States of cers of Class Four, Consular Officers and Sec- ice, Class of Minister-Counselor, to be Am- America to the Fifty-first Session of the retaries in the Diplomatic Service of the bassador extraordinary and Plenipotentiary General Assembly of the United Nations. United States of America:

VerDate Aug 31 2005 00:20 Jul 01, 2008 Jkt 041999 PO 00000 Frm 00082 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S25SE6.REC S25SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 25, 1996 CONGRESSIONAL RECORD — SENATE S11293

U.S. INFORMATION AGENCY Erminido Telles, of Virginia Career Members of the Senior Foreign Tania Bohachevsky Chomiak, of Florida Mark Tesone, of Virginia Service, Class of Counselor, and Consular Of- Linda Joy Hartley, of California Michael Anthony Veasy, of Tennessee ficers and Secretaries in the Diplomatic Sharon Hudson-Dean, of Pennsylvania Glenn Stewart Warren, of California Service of the United States of America: Constance Colding Jones, of Indiana Mark E. Wilson, of Texas John R. Bainbridge, of Maryland Steven Louis Pike, of New York Anthony L. Wong, of Virginia Bernard W. Bies, of South Dakota David Michael Reinert, of New Mexico Gregory M. Wong, of Missouri Melvin L. Harrison, of Virginia Kim Woodward, of Virginia DEPARTMENT OF STATE George N. Reinhardt, of Colorado Martha-Jean Hughes Wynnyczok, of Virginia Sarah J. Metzger, of Virginia Bernardo Segura-Giron, of Virginia Teresa L. Young, of Virginia Mark Stevens, of Florida For appointment as Foreign Service Offi- Secretary in the Diplomatic Service of the Frederick J. Summers, of California cers of Class Four, Consular Officers and Sec- United States of America: Brooks A. Taylor, of New Hampshire retary in the Diplomatic Service of the John Weeks, of Virginia William L. Young, of Virginia United States of America effective June 28, Joseph DeMaria, of New Jersey 1996: The following-named Career Members of the Senior Foreign Service of the Depart- Michael Ralph DeTar, of New York DEPARTMENT OF STATE ment of State for promotion in the Senior Rodger Jan Deuerlein, of California Marc C. Johnson, of the District of Columbia Foreign Service to the classes indicated: Stephen A. Druzak, of Washington The following-named Members of the For- Career Member of the Senior Foreign Serv- Mary Eileen Earl, of Virginia eign Service of the Department of Commerce ice of the United States of America, Class of Linda Laurents Eichblatt, of Texas and the Department of State to be Consular Career Minister: Jessica Ellis, of Washington Officers and/or Secretaries in the Diplomatic John C. Kornblum, of Michigan Stephanie Jane Fossan, of Virginia Service of the United States of America, as Edward S. Walker, Jr., of Maryland Christopher Scott Hegadorn, of the District indicated: Career Members of the Senior Foreign of Columbia Consular Officers and Secretaries in the Harry R. Kamian, of California Diplomatic Service of the United States of Service of the United States of America, Class of Minister-Counselor: Marc E. Knapper, of California America: Blair L. LaBarge, of Utah Robert L. Adams, of Virginia Marshall P. Adair, of Florida William Scott Laidlaw, of Washington Veomayoury Baccam, of Iowa Jeffrey A. Bader, of Florida Kaye-Anne Lee, of Washington Douglass R. Benning, of the District of Co- Lawrence Rea Baer, of California Brian Lieke, of Texas lumbia Donald Keith Bandler, of Pennsylvania Bernard Edward Link, of Delaware Steven A. Bowers, of Virginia James W. Bayuk, of Illinois Lee MacTaggart, of Washington Michael A. Brennan, of Connecticut James D. Bindenagel, of California Richard T. Reiter, of California Kerry L. Brougham, of California Ralph L. Boyce, Jr., of Virginia Kai Ryssdal, of Virginia Andrea Brouillette-Rodriguez, of Minnesota Prudence Bushnell, of Virginia Norman Thatcher Scharpf, of the District of Paal Cammermeyer, of Maryland Wendy Jean Chamberlin, of Virginia Columbia Priscilla Carroll Caskey, of Maryland Lynwood M. Dent, Jr., of Virginia Jennifer Leigh Schools, of Texas Julianne Marie Chesky, of Virginia C. Lawrence Greenwood, Jr., of Florida Justin H. Siberell, of California Carmela A. Conroy, of Washington John Randle Hamilton, of Virginia Anthony Syrett, of Washington julie Chung, of California Howard Franklin Jeter, of South Carolina Herbert S. Traub III, of Florida Edward R. Degges, Jr., of Virginia Charles Kartman, of Virginia Arnoldo Vela, of Texas Thomas L. Elmore, of Florida Kathryn Dee Robinson, of Tennessee J. Richard Walsh, of Alabama Wayne J. Fahnestock, of Maryland Peter F. Romero, of Florida David K. Young, of Florida Denis Barrett Finotti, of Maryland Wayne S. Rychak, of Maryland Darcy Fyock Zotter, of Vermont Earl A. Wayne, of California Kenneth Fraser, of Maryland The following-named Members of the For- R. Susan Wood, of Florida Gary R. Guiffrida, of Maryland eign Service of the Department of Commerce Patricia M. Gonzalez, of Texas The following-named Career Members of and the Department of State to be Consular David J. Greene, of New York the Foreign Service for promotion into the Officers and/or Secretaries in the Diplomatic Raymond Franklin Greene III, of Maryland Senior Foreign Service, and for appointment Service of the United States of America, as Ronald Allen Gregory, of Tennessee as Consular Officers and Secretaries in the indicated: Deborah Guido-O’Grady, of Virginia Diplomatic Service, as indicated: Consular Officers and Secretaries in the Audrey Louise Hagedorm, of Virginia Career Members of the Senior Foreign Diplomatic Service of the United States of Patti Hagopian, of California Service of the United States of America, America: Class of Counselor: Charles P. Harrington, of Virginia Derek A. Bower, of Virginia Ronald S. Hiett, of Virginia Lawrence E. Butler, of Maine Steven P. Chisholm, of Virginia Ruth-Ercile Hodges, of New York James Philip Callahan, of Florida Henry J. Heim, Jr., of Virginia Kristina M. Hotchkiss, of Virginia James J. Carragher, of California Holly Ann Herman, of Virginia Andreas O. Jaworski, of Virginia John R. Dinger, of Iowa E. Keith Kirkham, of Maine Ralph M. Jonassen, of New York Ben Floyd Fairfax, of Virginia Mary Pat Moynihan, of Virginia Marni Kalapa, of Texas Nick Hahn, of California John W. Ratkiewicz, of New Jersey Jane J. Kang, of California William Thomas Harris, Jr., of Florida Secretary of the Diplomatic Service of the Sarah E. Kemp, of New York Ann Kelly Korky, of New Jersey United States of America: Frederick J. Kowaleski, of Virginia Richard E. Kramer, of Tennessee Steven W. Krapcho, of Virginia Richard Burdette LeBaron, of Virginia William B. Clatanoff, Jr., of Virginia Gregory R. Lattanze, of Virginia Antoinette S. Marwitz, of Virginia The following-named Career Members of Charles W. Levesque, of Illinois Robert John McAnnenny, of Connecticut the Foreign Service of the Department of Janice O. MacDonald, of Virginia Edward McKeon, of the District of Columbia State for promotion in the Senior Foreign C. Wakefield Martin, of Texas William T. Monroe, of Connecticut Service to the class indicated, effective Octo- Brian I. McCleary, of Virginia Lauren Moriarty, of Hawaii ber 18, 1992: Alan D. Meltzer, of New York Michael C. Mozur, of Virginia Career Members of the Senior Foreign David J. Mico, of Indiana Stephen D. Mull, of Pennsylvania Service of the United States of America, Christopher S. Misciagno, of Florida Michael Eleazar Parmly, of Florida Class of Minister-Counselor: Joseph P. Mullin, Jr., of Virginia Jo Ellen Powell, of the District of Columbia Elizabeth B. Bollmann, of Missouri Burke O’Connor, of California David E. Randolph, of Arizona Marsha D. von Duerckheim, of California Edward J. Ortiz, of Virginia Victor Manuel Rocha, of California The following-named Career Members of Maria Elena Pallick, of Indiana Anthony Francis Rock, of New Hampshire the Foreign Service of the Department of David D. Potter, of South Dakota Lawrence George Rossin, of California State, previously promoted in the Senior Eric N. Richardson, of Michigan John M. Salazar, of New Mexico Foreign Service to the class indicated on Oc- Heather C. Roach, of Iowa Sandra J. Salmon, of Florida tober 18, 1992, now to be effective April 7, Taylor Vinson Ruggles, of Virginia Janet A. Sanderson, of Arizona 1991: Thomas L. Schmitz, of South Dakota Ronald Lewis Schlicher, of Tennessee Career Members of the Senior Foreign Jonathan L.A. Shrier, of Florida Joseph B. Schreiber, of Michigan Service of the United States of America, James E. Smeltzer III, of Maryland Richard Henry Smyth, of California Class of Minister-Counselor: Christine L. Smith, of Virginia William A. Stanton, of California The following-named persons of the agen- Keenan Jabbar Smith, of Pennsylvania Gregory Michael Suchan, of Ohio cies indicated for appointment as Foreign Brian K. Stewart, of Virginia Laurie Tracy, of Virginia Service Officers of the classes stated, and Christine D. Stuebner, of New York Frank Charles Urbancic, Jr., of Indiana also for the other appointments indicated Stephanie Faye Syptak, of Texas Harry E. Young, Jr., of Missouri herewith:

VerDate Aug 31 2005 00:20 Jul 01, 2008 Jkt 041999 PO 00000 Frm 00083 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S25SE6.REC S25SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S11294 CONGRESSIONAL RECORD — SENATE September 25, 1996

For appointment as Foreign Service Offi- Career Member of the Senior Foreign Serv- THOMAS, Mr. DODD, Mr. DORGAN, Mr. cer of Class One, Consular Officer and Sec- ice of the United States of America, Class of BRADLEY, Mr. CHAFEE, and Mr. LAU- retary in the Diplomatic Service of the Counselor: TENBERG): United States of America: Judith M. Heimann, of Connecticut S. 2123. A bill to require the calculation of Federal-aid highway apportionments and al- DEPARTMENT OF STATE The following-named Career Members of locations for fiscal year 1997 to be deter- Larry Corbett, of Nevada the Foreign Service of the Department of mined so that States experience no net effect State, previously promoted into the Senior For appointment as Foreign Service Offi- from a credit to the Highway Trust Fund Foreign Service to the class indicated on Oc- cers of Class Two, Consular Officers and Sec- made in correction of an accounting error tober 18, 1992, now effective April 7, 1991: retaries in the Diplomatic Service of the made in fiscal year 1994, and for other pur- Career Members of the Senior Foreign United States of America: poses; to the Committee on Environment and Service of the United States of America, DEPARTMENT OF COMMERCE Public Works. Class of Counselor Hans J. Amrhein, of Virginia By Mr. KEMPTHORNE: Judyt Landstein Mandel, of the District of DEPARTMENT OF STATE S. 2124. A bill to provide for an offer to Columbia transfer to the Secretary of the Army of cer- Phyllis Marie Powers, of Texas Mary C. Pendleton, of Virginia tain property at the Navy Annex, Arlington, Michael S. Tulley, of California The following-named Career Members of Virginia; to the Committee on Armed Serv- For appointment as Foreign Service Offi- the Foreign Service of the Department of ices. cers of Class Three, Consular Officers and State, previously promoted into the Senior By Mr. LOTT: Secretaries in the Diplomatic Service of the Foreign Service to the class indicated on Oc- S. 2125. A bill to provide a sentence of United States of America: tober 18, 1992, now effective October 6, 1991: death for certain importations of significant AGENCY FOR INTERNATIONAL DEVELOPMENT Career Members of the Senior Foreign quantities of controlled substances; to the Kimberly J. Delaney, of Virginia Service of the United States of America, Committee on the Judiciary. Edith Fayssoux Jones Humphreys, of North Class of Counselor: By Mr. GRAHAM (for himself and Mr. Carolina Jean Anne Louis, of Virginia MACK): DEPARTMENT OF STATE Sharon K. Mercurio, of California S. 2126. A bill to temporarily waive the en- rollment composition rule under the med- Jemile L. Bertot, of Connecticut Ruth H. van Heuven, of Connecticut Robin Lane White, of Massachusetts icaid program for certain health mainte- For appointment as Foreign Service Offi- nance organizations; to the Committee on cers of Class Four, Consular Officers and Sec- f Finance. retaries in the Diplomatic Service of the INTRODUCTION OF BILLS AND By Mr. KENNEDY: United States of America: S. 2127. A bill to amend the Fair Labor DEPARTMENT OF STATE JOINT RESOLUTIONS Standards Act of 1938 to provide for legal ac- Alfred B. Anzaldua, of California The following bills and joint resolu- countability for sweatshop conditions in the David A. Beam, of Pennsylvania tions were introduced, read the first garment industry, and for other purposes; to Donald Armin Blome, of Illinois and second time by unanimous con- the Committee on Labor and Human Re- P.P. Declan Byrne, of Washington sent, and referred as indicated: sources. Lauren W. Catipon, of New Jersey By Mr. AKAKA: By Mrs. KASSEBAUM (for herself and James Patrick DeHart, of Michigan S. 2128. A bill to consolidate and revise the Mr. INOUYE): Joan Ellen Corbett, of Virginia authority of the Secretary of Agriculture re- S. 2117. A bill to enhance the administra- Judith Rodes Johnson, of Texas lating to plant protection and quarantine, tive authority of the president of Haskell In- Mary Elizabeth Swope, of Virginia and for other purposes; to the Committee on dian Nations University, and for other pur- The following-named Career Member of the Agriculture, Nutrition, and Forestry. poses; to the Committee on Indian Affairs. By Mr. INHOFE: Foreign Service of the Department of State, By Mr. FAIRCLOTH (for himself and previously promoted in the Senior Foreign S. 2129. A bill to provide for the immediate Mr. HELMS): Service to the class indicated on October 18, application of certain orders relating to the S. 2118. A bill to amend the Internal Rev- amendment, modification, suspension, or 1992, now to be effective October 6, 1991: enue Code of 1986 to allow casualty loss de- Career Member of the Senior Foreign Serv- revocation of certificates under chapter 447 duction for disaster losses without regard to ice of the United States of America, Class of of title 49, United States Code; to the Com- the 10-percent adjusted gross income floor; Minister-Counselor: mittee on Commerce, Science, and Transpor- to the Committee on Finance. tation. Sylvia G. Stanfield, of Texas By Mr. MOYNIHAN (for himself and By Mr. HELMS: The following-named Career Member of the Mr. KERREY): S. 2130. An original bill to extend certain Foreign Service of the Department of State, S. 2119. A bill to establish the Commission privileges, exemptions, and immunities to previously promoted into the Senior Foreign to Study the Federal Statistical System, and Hong Kong Economic and Trade Offices; Service to the class indicated on November 6, for other purposes; to the Committee on from the Committee on Foreign Relations; 1988, now effective October 12, 1986: Governmental Affairs. placed on the calendar. Career Members of the Senior Foreign By Mr. NUNN: By Mr. MOYNIHAN: Service of the United States of America, S. 2120. A bill to designate the Federal S. 2131. A bill to establish a bipartisan na- Class of Counselor: building and United States courthouse lo- tional commission on the year 2000 computer Joan Ellen Corbett, of Virginia cated at 475 Mulberry Street in Macon, Geor- problem; to the Committee on Commerce, Judith Rodes Johnson, of Texas gia, as the ‘‘William Augustus Bootle Fed- Science, and Transportation. eral Building and United States Court- Mary Elizabeth Swope, of Virginia f The following-named Career Member of the house’’; to the Committee on Environment Foreign Service of the Department of State, and Public Works. STATEMENTS ON INTRODUCED previously promoted into the Senior Foreign By Mr. GRAHAM (for himself, Mr. BILLS AND JOINT RESOLUTIONS GRASSLEY, Ms. MOSELEY-BRAUN, Mr. Service to the class indicated on November 6, By Mrs. KASSEBAUM (for herself 1988, now effective January 3, 1988: CHAFEE, Mr. JEFFORDS, Mr. BAUCUS, Career Member of the Senior Foreign Serv- Mr. SIMON, Mr. HOLLINGS, and Mr. and Mr. INOUYE): ice of the United States of America, Class of WELLSTONE): S. 2117. A bill to enhance the admin- Counselor: S. 2121. A bill to ensure medicare bene- istrative authority of the president of ficiaries participating in managed care have Sylvia G. Stanfield, of Texas Haskell Indian Nations University, and access to emergency and urgent care; to the The following-named Career Member of the for other purposes; to the Committee Committee on Finance. on Indian Affairs. Foreign Service of the Department of State, By Mr. DEWINE: previously promoted into the Senior Foreign S. 2122. A bill to establish the Fallen Tim- THE HASKELL INDIAN NATIONS UNIVERSITY Service to the class indicated on April 7, bers Battlefield, Fort Meigs, and Fort Mi- ADMINISTRATIVE SYSTEMS ACT OF 1996 1991, now effective November 19, 1989: amis National Historical Site in the State of Mrs. KASSEBAUM. Mr. President, I Career Member of the Senior Foreign Serv- Ohio; to the Committee on Energy and Nat- rise today to introduce the Haskell In- ice of the United States of America, Class of ural Resources. dian Nations University Administra- Counselor: By Mr. BAUCUS (for himself, Mr. tive Systems Act of 1996. I am pleased Virginia Carson Young, of the District of Co- BINGAMAN, Mr. HARKIN, Mr. COHEN, to have the vice-chairman of the Indian lumbia Mr. DOMENICI, Mr. PRESSLER, Mr. Affairs Committee, Senator INOUYE, as The following-named Career Member of the GRASSLEY, Mr. LEAHY, Mr. GREGG, Foreign Service of the Department of State, Mrs. KASSEBAUM, Mr. AKAKA, Mr. a cosponsor. The purpose of this bill is previously promoted into the Senior Foreign LIEBERMAN, Mr. KENNEDY, Mr. to give Haskell Indian Nations Univer- Service to the class indicated on October 6, KERRY, Mr. D’AMATO, Mrs. FRAHM, sity the authority and flexibility it 1991, now effective April 7, 1991: Mr. JEFFORDS, Mr. MOYNIHAN, Mr. needs to make a successful transition

VerDate Aug 31 2005 00:20 Jul 01, 2008 Jkt 041999 PO 00000 Frm 00084 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S25SE6.REC S25SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 25, 1996 CONGRESSIONAL RECORD — SENATE S11295 from a junior college to a 4-year uni- SECTION 1. SHORT TITLE. native personnel management provisions es- versity. This Act may be cited as the ‘‘Haskell In- tablished under this section; Founded in 1884 as the U.S. Indian In- dian Nations University Administrative Sys- (3) procedures shall be established for the dustrial Training School, Haskell pro- tems Act of 1996’’. rapid and equitable resolution of grievances; SEC. 2. FINDINGS. (4) no university employee may be dis- vided agricultural education in grades charged without notice of the reasons there- one through five. Ten years later, the The Congress finds that— (1) the provision of culturally sensitive for and opportunity for a hearing under pro- school had changed its name to Haskell curricula for higher education programs at cedures that comport with the requirements Institute and expanded its academic Haskell Indian Nations University is con- of due process, except that this paragraph training beyond the eighth grade. By sistent with the commitment of the Federal shall not apply in the case of an employee 1927 the secondary curriculum had been Government to the fulfillment of treaty obli- serving a probationary or trial period under accredited, and in 1970 the school be- gations to Indian tribes through the prin- an initial appointment; and came Haskell Indian Junior College. In ciple of self-determination and the use of (5) university employees serving for a pe- Federal resources; and riod specified in or determinable under an October 1993, after receiving accredita- employment agreement shall, except as oth- tion to offer a bachelor of science de- (2) giving a greater degree of autonomy to Haskell Indian Nations University, while erwise provided in the agreement, be notified gree in elementary teacher education, maintaining the university as an integral at least 30 days before the end of such period the school changed its name to Haskell part of the Bureau of Indian Affairs, will fa- as to whether their employment agreement Indian Nations University. cilitate the transition of the university to a will be renewed. Haskell is a Kansas treasure and an 4-year university. (d) RULE OF CONSTRUCTION.—Nothing in this section shall be considered to affect— institution cherished by native Ameri- SEC. 3. DEFINITIONS. cans and Alaska Natives. At any one (1) the applicability of any provision of law For purposes of this Act the following defi- providing for— time, as many as 175 tribes are rep- nitions shall apply: (A) equal employment opportunity; resented in the student body. Inte- (1) SECRETARY.—The term ‘‘Secretary’’ (B) Indian preference; or grating the perspectives of various na- means the Secretary of the Interior. (C) veterans’ preference; or tive American cultures have assured (2) UNIVERSITY.—The term ‘‘Haskell Indian (2) the eligibility of any individual to par- Haskell’s growth and success. As the Nations University’’ or ‘‘university’’ means ticipate in any retirement system, any pro- the Haskell Indian Nations University, lo- gram under which any health insurance or first baccalaureate class graduates in cated in Lawrence, Kansas. May 1997, Haskell Indian Nations Uni- life insurance is afforded, or any program SEC. 4. PERSONNEL MANAGEMENT. versity is developing 4-year programs under which unemployment benefits are af- (a) INAPPLICABILITY OF CERTAIN CIVIL SERV- forded, with respect to Federal employees. in other fields and continues to accept ICE LAWS.—Chapters 51, 53, and 63 of title 5, (e) LABOR-MANAGEMENT PROVISIONS.— the challenge of enriching the lives of United States Code (relating to classifica- (1) COLLECTIVE-BARGAINING AGREEMENTS.— young native Americans and Alaska tion, pay, and leave, respectively) and the Any collective-bargaining agreement in ef- Natives. provisions of such title relating to the ap- fect on the day before the effective date As the school has changed, so should pointment, performance evaluation, pro- specified under subsection (f)(1) shall con- the system by which it is administered. motion, and removal of civil service employ- tinue to be recognized by the university Haskell’s ability to make a successful ees shall not apply to applicants for employ- until altered or amended pursuant to law. transition from a junior college to a 4- ment with, employees of, or positions in or (2) EXCLUSIVE REPRESENTATIVE.—Nothing under the university. year university is being compromised in this Act shall affect the right of any labor (b) ALTERNATIVE PERSONNEL MANAGEMENT organization to be accorded (or to continue by the present system under which the PROVISIONS.— to be accorded) recognition as the exclusive Bureau of Indian Affairs must approve (1) IN GENERAL.—The president of the uni- representative of any unit of university em- its appointments and the Office of Per- versity shall by regulation prescribe such ployees. sonnel Management establishes personnel management provisions as may be (3) OTHER PROVISIONS.—Matters made sub- rankings for its professors. necessary, in order to ensure the effective ject to regulation under this section shall This legislation allows the school to administration of the university, to replace not be subject to collective bargaining, ex- remain within the Bureau of Indian Af- the provisions of law that are inapplicable cept in the case of any matter under chapter fairs and its employees to continue to with respect to the university by reason of 63 of title 5, United States Code (relating to participate in Federal retirement and subsection (a). leave). (2) PROCEDURAL REQUIREMENTS.—The regu- (f) EFFECTIVE DATE.— health benefit programs. However, the lations prescribed under this subsection (1) ALTERNATIVE PERSONNEL MANAGEMENT Haskell president and Board of Regents shall— PROVISIONS.—The alternative personnel man- will have authority over organizational (A) be prescribed in consultation with the agement provisions under this section shall structure, the classification of posi- board of regents of the university and other take effect on such date as may be specified tions, recruitment, procurement, and appropriate representative bodies; in the regulations, except that such date determination of all human resource (B) be subject to the requirements of sub- may not be later than 1 year after the date policies and procedures. This legisla- sections (b) through (e) of section 553 of title of the enactment of this Act. tion will give Haskell the autonomy 5, United States Code; and (2) PROVISIONS MADE INAPPLICABLE BY THIS (C) not take effect without the prior writ- enjoyed by the tribally controlled com- SECTION.—Subsection (a) shall take effect on ten approval of the Secretary. the date specified under paragraph (1). munity colleges and BIA elementary (c) SPECIFIC SUBSTANTIVE REQUIREMENTS.— (g) APPLICABILITY.— and secondary schools. This bill has Under the regulations prescribed under this (1) IN GENERAL.—Except as otherwise pro- been introduced in the House of Rep- subsection— vided in this subsection, the alternative per- resentatives by Representative JAN (1) no rate of basic pay may, at any time, sonnel management provisions under this MEYERS. exceed— section shall apply with respect to all appli- Mr. President, I am aware that we (A) in the case of an employee who would cants for employment with, all employees of, are near adjournment and it is unlikely otherwise be subject to the General Sched- and all positions in or under the university. that we can get this bill passed in the ule, the maximum rate of basic pay then cur- (2) CURRENT EMPLOYEES NOT COVERED EX- time remaining. However, I wanted to rently payable for grade GS–15 of the Gen- CEPT PURSUANT TO A VOLUNTARY ELECTION.— eral Schedule (including any amount payable (A) IN GENERAL.—A university employee introduce it now because I am con- under section 5304 of title 5, United States serving on the day before the effective date vinced that such legislation is essential Code, or other similar authority for the lo- specified under subsection (f)(1) shall not be to the success of Haskell Indian Na- cality involved); or subject to the alternative personnel manage- tions University and that it should be a (B) in the case of an employee who would ment provisions under this section (and shall priority in the next Congress. otherwise be subject to subchapter IV of instead, for all purposes, be treated in the Mr. President, I ask unanimous con- chapter 53 of title 5, United States Code (re- same way as if this section had not been en- sent that the text of the bill be printed lating to prevailing rate systems), the max- acted, notwithstanding subsection (a)) un- imum rate of basic pay which (but for this less, before the end of the 5–year period be- in the RECORD. There being no objection, the bill was section) would then otherwise be currently ginning on such effective date, such em- payable under the wage schedule covering ployee elects to be covered by such provi- ordered to be printed in the RECORD, as such employee; sions. follows: (2) the limitation under section 5307 of title (B) PROCEDURES.—An election under this S. 2117 5, United States Code (relating to limitation paragraph shall be made in such form and in Be it enacted by the Senate and House of Rep- on certain payments) shall apply, subject to such manner as may be required under the resentatives of the United States of America in such definitional and other modifications as regulations, and shall be irrevocable. Congress assembled, may be necessary in the context of the alter- (3) TRANSITION PROVISIONS.—

VerDate Aug 31 2005 00:20 Jul 01, 2008 Jkt 041999 PO 00000 Frm 00085 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S25SE6.REC S25SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S11296 CONGRESSIONAL RECORD — SENATE September 25, 1996 (A) PROVISIONS RELATING TO ANNUAL AND gross income floor; to the Committee are required to borrow thousands of SICK LEAVE.—Any individual who— on Finance. dollars. (i) makes an election under paragraph (2), DISASTER LOSSES LEGISLATION It is a shame to see these people or ∑ forced to raid their savings due to the (ii) on or after the effective date specified Mr. FAIRCLOTH. Mr. President, under subsection (f)(1), is transferred, pro- joined by my colleague from North 10 percent floor on the uninsured loss moted, or reappointed, without a break in Carolina, Mr. HELMS, I introduce a bill deduction. The Tax Code acknowledges service of 3 days or longer, to a university that addresses a real concern for mil- that uninsured casualty losses are ap- position from a non-university position with lions of middle-class people in disaster- propriate deductions. This bill, how- the Federal Government or the government prone areas. ever, further acknowledges the burdens of the District of Columbia, The Tax Code permits the deduction of catastrophic storms on the families shall be credited, for the purpose of the leave of uninsured casualty losses. The Tax that live in these areas. system provided under regulations pre- Code, however, requires these losses to This legislation thus eliminates the scribed under this section, with the annual total more than 10 percent of the tax- 10-percent requirement in Federal dis- and sick leave to such individual’s credit im- payer’s adjusted gross income. Con- aster areas. It permits working Ameri- mediately before the effective date of such cans to hold on to a bit more of their election, transfer, promotion, or reappoint- sequently, although a large number of ment, as the case may be. middle-class taxpayers are faced with own earnings in the wake of a cata- (B) LIQUIDATION OF REMAINING LEAVE UPON large repair and cleanup bills, these strophic storm. TERMINATION.— bills often fall short of the 10 percent of Many families enjoy incomes suffi- (i) ANNUAL LEAVE.—Upon termination of adjusted gross income threshold. cient enough to disqualify them for employment with the university, any annual Mr. President, 43 North Carolina Federal grant assistance. These mid- leave remaining to the credit of an indi- counties—home to more than half of dle-class families do not want hand- vidual within the purview of this section the State population—were declared outs. This bill, however, represents an shall be liquidated in accordance with sec- acknowledgment of the special burdens tion 5551(a) and section 6306 of title 5, United Federal disaster areas as a result of States Code, except that leave earned or ac- Hurricane Fran. Thousands of houses on hard-working families in Federal crued under regulations prescribed under were destroyed and tens of thousands disaster areas. this section shall not be so liquidated. of houses suffered serious damage. I think that this is reasonable legis- (ii) SICK LEAVE.—Upon termination of em- These losses are clearly substantial lation, Mr. President, and I hope that ployment with the university, any sick leave enough to fall within the scope of the my colleagues will join me and Senator remaining to the credit of an individual deduction. HELMS in this effort.∑ within the purview of this section shall be However, there are hundreds of thou- creditable for civil service retirement pur- sands of North Carolina families that By Mr. MOYNIHAN (for himself poses in accordance with section 8339(m) of and Mr. KERREY): title 5, United States Code, except that leave suffered uninsured damage that, al- earned or accrued under regulations pre- though substantial, falls short of the 10 S. 2119. A bill to establish the Com- scribed under this section shall not be so percent limitation. mission to Study the Federal Statis- creditable. In fact, Mr. President, homeowners’ tical System, and for other purposes; (C) TRANSFER OF REMAINING LEAVE UPON insurance policies cover removal of to the Committee on Governmental Af- TRANSFER, PROMOTION, OR REEMPLOYMENT.— trees that strike the house, but these fairs. In the case of any university employee who policies do not otherwise cover downed THE COMMISSION TO STUDY THE FEDERAL is transferred, promoted, or reappointed, or damaged trees. Further, insurance STATISTICAL SYSTEM ACT OF 1996 without a break in service of 3 days or Mr. MOYNIHAN. Mr. President, I rise longer, to a position in the Federal Govern- payments for tree removal are often ment (or the government of the District of capped far below the real cost of these today to introduce, along with Senator Columbia) under a different leave system, efforts, which leaves insured home- KERREY of Nebraska, legislation that any remaining leave to the credit of that in- owners, too, with a large bill. would establish a Commission To dividual earned or credited under the regula- It is estimated that Hurricane Fran Study the Federal Statistical System. tions prescribed under this section shall be caused $500 million in tree damage in The United States has the oldest and transferred to such individual’s credit in the North Carolina. The foresters estimate by and large finest data gathering sys- employing agency on an adjusted basis in ac- that the hurricane downed between 1 tem in the world. Statistics are part of cordance with regulations which shall be our constitutional arrangement, which prescribed by the Office of Personnel Man- and 25 percent of the trees in affected agement. areas. provides for a decennial census that, (4) WORK-STUDY.—Nothing in this section I drove back to Sampson County, NC, among other purposes, is the basis for shall be considered to apply with respect to during the hurricane, and the roads apportionment of membership in the a work-study student, as defined by the were littered with trees and branches. House of Representatives. I quote from president of the university in writing. It was a sight of pure devastation. article I, section I: SEC. 5. DELEGATION OF PROCUREMENT AU- Unfortunately, standard insurance . . . enumeration shall be made within THORITY. policies do not cover much of this dam- three Years after the first meeting of the The Secretary shall, to the maximum ex- age, so homeowners face some large Congress of the United States, and within tent consistent with applicable law and sub- and unexpected bills for cleanup costs. every subsequent Term of ten Years, in such ject to the availability of appropriations Manner as they shall by Law direct. therefor, delegate to the president of the uni- For example, in the city of Raleigh, versity procurement and contracting author- which is more than 100 miles inland, But, while the Constitution directed ity with respect to the conduct of the admin- thousands of homeowners lost trees. that there be a census, there was, ini- istrative functions of the university. Families across North Carolina face tially, no Census Bureau. The earliest SEC. 6. AUTHORIZATION OF APPROPRIATIONS. tree removal bills that range from censuses were conducted by U.S. mar- There are authorized to be appropriated for $1,000 to $3,000 and upward. In fact, Mr. shals. Later on, statistical bureaus in fiscal year 1997, and for each fiscal year President, many families were required State governments collected the data, thereafter— to hire crane crews to remove downed with a Superintendent of the Census (1) the amount of funds made available by trees. The tree loss was remarkable in overseeing from Washington. It was appropriations as operations funding for the not until 1902 that a permanent Bureau administration of the university for fiscal much of North Carolina. year 1996; and These are middle-class families that of the Census was created by the Con- (2) such additional sums as may be nec- earn under $50,000 per year. These tree gress, housed initially in the Interior essary for the operation of the university removal bills are a real hit. However, Department. In 1903 the Bureau was pursuant to this Act. because these bills often do not quite transferred to the newly established reach the 10 percent threshold, the de- Department of Commerce and Labor. By Mr. FAIRCLOTH (for himself duction is unavailable. The Statistics of Income Division of and Mr. HELMS:) As you know, Mr. President, an unan- the Internal Revenue Service, which S. 2118. A bill to amend the Internal ticipated $3,000 bill is a tremendous was originally an independent body, Revenue Code of 1986 to allow casualty blow for most middle-class families. began collecting data in 1866. It too loss deduction for disaster losses with- Consequently, many families are forced was transferred to the new Department out regard to the 10-percent adjusted to dip into their savings, and others of Commerce and Labor in 1903, but

VerDate Aug 31 2005 00:20 Jul 01, 2008 Jkt 041999 PO 00000 Frm 00086 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S25SE6.REC S25SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 25, 1996 CONGRESSIONAL RECORD — SENATE S11297 then was put in the Treasury Depart- This week I received a letter from former Commissioner of the BLS, ment in 1913 following ratification of nine former chairmen of the Council of writes in her book ‘‘Organizing to the 16th amendment, which gave Con- Economic Advisers [CEA] endorsing Count’’: gress the power to impose an income this legislation. Excluding the two The U.S. system has neither the advan- tax. most recent chairs, who are still serv- tages that come from centralization nor the The Bureau of Labor Statistics, cre- ing in the Clinton administration, the efficiency that comes from strong coordina- ated in 1884, was also initially in the signatories include virtually every liv- tion in decentralization. As presently orga- Interior Department. The first Com- ing chair of the CEA. While acknowl- nized, therefore, the country’s statistical missioner of the BLS, appointed in system will be hard pressed to meet the de- edging that the United States ‘‘pos- mands of a technologically advanced, in- 1885, was Col. Carroll D. Wright, a dis- sesses a first-class statistical system,’’ creasingly internationalized world in which tinguished Civil War veteran of the these former chairmen remind us that the demand for objective data of high quality New Hampshire Volunteers. A self- ‘‘problems periodically arise under the is steadily rising. trained social scientist, Colonel Wright current system of widely scattered re- In this era of government downsizing pioneered techniques for collecting and sponsibilities.’’ They conclude as fol- and budget cutting it is unlikely that analyzing survey data on income, lows: Congress will appropriate more funds prices, and wages. He had previously Without at all prejudging the appropriate for statistical agencies. It is clear that served as chief of the Massachusetts measures to deal with these difficult prob- to preserve and improve the statistical Bureau of Statistics, a post he held for lems, we believe that a thoroughgoing review system we must consider reforming it, 15 years, and in that capacity had su- by a highly qualified and bipartisan Commis- yet we must not attempt to reform the sion as provided in your Bill has great prom- pervised the 1880 Federal Census in system until we have heard from ex- Massachusetts. ise of showing the way to major improve- ments. perts in the field. In 1888, the Bureau of Labor Statis- The Commission established in the The letter is signed by: Michael J. tics became an independent agency. In legislation will also examine the accu- Boskin, Martin Feldstein, Alan Green- 1903 it was once again made a Bureau, racy of our statistics. In the past few span, Paul W. McCracken, Raymond J. joining other statistical agencies in the years there has been a growing concern Saulnier, Charles L. Schultze, Beryl W. Department of Commerce and Labor. that the methodology used to generate Sprinkel, Herbert Stein, and Murray When a new Department of Labor was U.S. statistics may be outdated and Weidenbaum. formed in 1913—giving labor an inde- can be improved. pendent voice, as labor was removed I ask unanimous consent that the It is clear there is a need for a com- from the Department of Commerce and full text of this letter be printed in the prehensive review of the Federal statis- Labor—the Bureau of Labor Statistics RECORD following my statement. tical infrastructure. For if the public It happens that this Senator’s asso- was transferred to it. loses confidence in our statistics, they ciation with the statistical system in And so it went. Statistical agencies are likely to lose confidence in our the executive branch began over three sprung up as needed. And they moved policies as well. decades ago. I was Assistant Secretary back and forth as new executive de- DESCRIPTION OF LEGISLATION of Labor for Policy and Planning in the partments were formed. Today, some 89 The legislation establishes the Com- administration of President John F. different organizations in the Federal mission to Study the Federal Statis- Kennedy. This was a new position in Government comprise parts of our na- tical System. The Commission would which I was nominally responsible for tional statistical infrastructure. Elev- consist of 13 members: 5 appointed by the Bureau of Labor Statistics. I say en of these organizations have as their the President with no more than 3 from nominally out of respect for the inde- primary function the generation of the same political party, 4 appointed pendence of that venerable institution, data. These 11 organizations are: by the President pro tempore of the which as I noted earlier long predated Senate with no more than 2 from the Date Es- the Department of Labor itself. The Agency Department tablished same political party, and 4 appointed then-Commissioner of the BLS, Ewan by the Speaker of the House with no National Agricultural Statis- Agriculture ...... 1863 Clague, could not have been more tical Service. more than 2 from the same political friendly and supportive. And so were Statistics of Income Division, Treasury ...... 1866 party. A chairman would be selected by IRS. the statisticians, who undertook to Economic Research Service ..... Agriculture ...... 1867 the President from the appointed mem- teach me to the extent I was teachable. National Center for Education Education ...... 1867 bers. The members must have expertise Statistics. They even shared professional con- Bureau of Labor Statistics ...... Labor ...... 1884 in statistical policy with a background fidences. And so it was that I came to Bureau of the Census ...... Commerce ...... 1902 in disciplines such as actuarial science, Bureau of Economic Analysis .. Commerce ...... 1912 have some familiarity with the field. National Center for Health Health and Human Services .. 1912 demography, economics, and finance. For example, at that time the Statistics. The Commission will conduct a com- Bureau of Justice Statistics .... Justice ...... 1968 monthly report of the unemployment Energy Information Adminis- Energy ...... 1974 prehensive study of all matters relat- rate was closely watched by capital tration. ing to the Federal statistical infra- Bureau of Transportation Sta- Transportation ...... 1991 and labor, as we would have said, and tistics. structure, including: was frequently challenged. Committees An examination of multipurpose sta- NEED FOR LEGISLATION regularly assembled to examine and de- tistical agencies such as the Bureau of President Kennedy once said: bate the data. Published unemploy- Labor Statistics [BLS]; Democracy is a difficult kind of govern- ment rates, based on current monthly A review and evaluation of the mis- ment. It requires the highest qualities of survey methodology appeared, if mem- sion and organizational structure of self-discipline, restraint, a willingness to ory serves, in 1948, and so the series statistical agencies, including activi- make commitments and sacrifices for the was at most 14 years in place at this ties that should be expanded or deleted general interest, and also it requires knowl- time. edge. and the advantages and disadvantages There is, of course, a long history of of a centralized statistical agency; That knowledge often comes from ac- attempts to reform our Nation’s statis- An examination of the methodology curate statistics. You cannot begin to tical infrastructure. From the period involved in producing data and the ac- solve a problem until you can measure 1903 to 1990, 16 different committees, curacy of the data itself; it. commissions, and study groups have A review of interagency coordination This legislation would require the convened to assess our statistical in- and standardization of collection pro- new Commission to conduct a com- frastructure, but in most cases little or cedures; prehensive examination of our current no action has been taken on their rec- A review of information technology statistical system and focus particu- ommendations. The result of this inac- and an assessment of how data is dis- larly on the agencies that produce data tion has been an ever expanding statis- seminated to the public; as their primary product—agencies tical system. It continues to grow in An examination of individual privacy such as the Bureau of Economic Anal- order to meet new data needs, but with in the context of statistical data; ysis [BEA] and the Bureau of Labor little or no regard for the overall objec- A comparison of our system with the Statistics [BLS]. tives of the system. Janet L. Norwood, systems of other nations; and

VerDate Aug 31 2005 00:20 Jul 01, 2008 Jkt 041999 PO 00000 Frm 00087 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S25SE6.REC S25SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S11298 CONGRESSIONAL RECORD — SENATE September 25, 1996 Recommendations for a strategy to (C) 4 shall be appointed by the Speaker of (C) a review and evaluation of the mission maintain a modern and efficient statis- the House of Representatives, in consulta- and organization of various statistical agen- tical infrastructure. tion with the Majority Leader and Minority cies, including— All of these objectives will be ad- Leader of the House of Representatives. (i) recommendations with respect to statis- dressed in an interim report due no (2) POLITICAL PARTY LIMITATION.—(A) Of the tical activities that should be expanded or 5 members of the Commission appointed deleted; later than June 1, 1998, with a final re- under paragraph (1)(A), no more than 3 mem- (ii) the order of priority such activities port due January 15, 1999. bers may be members of the same political should be carried out; The Commission is expected to spend party. (iii) a review of the advantages and dis- $10 million: $2.5 million in FY 1997, $5 (B) Of the 4 members of the Commission advantages of a centralized statistical agen- million in FY 1998, and $2.5 million in appointed under subparagraphs (B) and (C) of cy or a partial consolidation of the agencies FY 1999. The Commission will cease to paragraph (1), respectively, no more than 2 for the Federal Government; and exist 90 days after the final report is members may be members of the same polit- (iv) an assessment of which agencies could submitted. ical party. be consolidated into such an agency; This legislation is only a first step, (3) CONSULTATION BEFORE APPOINTMENTS.— (D) an examination of the methodology in- In making appointments under paragraph volved in producing official data and rec- but an essential one. The Commission (1), the President, the President pro tempore ommendations for technical changes to im- will provide Congress with the blue- of the Senate, and the Speaker of the House prove statistics; print for reform. It will be up to us to of Representatives shall consult with the Na- (E) an evaluation of the accuracy and ap- finally take action after nearly a cen- tional Science Foundation and appropriate propriateness of key statistical indicators tury of inattention to this very impor- professional organizations, such as the and recommendations of ways to improve tant issue. American Economic Association and the such accuracy and appropriateness; Mr. President, I ask unanimous con- American Statistical Association. (F) a review of interagency coordination of sent that additional material be print- (4) QUALIFICATIONS.—An individual ap- statistical data and recommendations of pointed to serve on the Commission— methods to standardize collection procedures ed in the RECORD. There being no objection, the mate- (A) shall have expertise in statistical pol- and surveys, as appropriate, and presen- icy and a background in such disciplines as tation of data throughout the Federal sys- rial was ordered to be printed in the actuarial science, demography, economics, tem; RECORD, as follows: and finance; (G) a review of information technology and S. 2119 (B) may not be a Federal officer or em- recommendations of appropriate methods for Be it enacted by the Senate and House of Rep- ployee; and disseminating statistical data, with special resentatives of the United States of America in (C) should be an academician, a statistics emphasis on resources, such as the Internet, Congress assembled, user in the private sector, or a former gov- that allow the public to obtain information SECTION 1. SHORT TITLE. ernment official with experience related to— in a timely and cost-effective manner; This Act may be cited as the ‘‘Commission (i) the Bureau of Labor Statistics of the (H) an examination of individual privacy in to Study the Federal Statistical System Act Department of Labor; or the context of statistical data; of 1996’’. (ii) the Bureau of Economic Analysis or (I) a comparison of the United States sta- SEC. 2. FINDINGS. the Bureau of the Census of the Department tistical system to statistical systems of The Congress, recognizing the importance of Commerce. other nations; of statistical information in the develop- (5) DATE.—The appointments of the mem- (J) a consideration of the coordination of ment and administration of policies for the bers of the Commission shall be made no statistical data with other nations and inter- private and public sector, finds that— later than 150 days after the date of the en- national agencies, such as the Organization (1) accurate Federal statistics are required actment of this Act. for Economic Cooperation and Development; to develop, implement, and evaluate govern- (c) PERIOD OF APPOINTMENT; VACANCIES.— and ment policies and laws; Members shall be appointed for the life of (K) a recommendation of a strategy for (2) Federal spending consistent with legis- the Commission. Any vacancy in the Com- maintaining a modern and efficient Federal lative intent requires accurate and appro- mission shall not affect its powers, but shall statistical infrastructure as the needs of the priate statistical information; be filled in the same manner as the original United States change. (3) business and individual economic deci- appointment. (b) REPORT.— (1) INTERIM REPORT.—No later than June 1, sions are influenced by Federal statistics and (d) INITIAL MEETING.—No later than 30 days contracts are often based on such statistics; after the date on which all members of the 1998, the Commission shall submit an in- (4) statistical information on the manufac- Commission have been appointed, the Com- terim report on the study conducted under turing and agricultural sectors is more com- mission shall hold its first meeting. subsection (a) to the President and to the Congress. plete than statistical information regarding (e) MEETINGS.—The Commission shall meet (2) FINAL REPORT.—No later than January the service sector which employs more than at the call of the Chairman. half the Nation’s workforce; 15, 1999, the Commission shall submit a final (f) QUORUM.—A majority of the members of report to the President and the Congress (5) experts in the private and public sector the Commission shall constitute a quorum, have long-standing concerns about the accu- which shall contain a detailed statement of but a lesser number of members may hold the findings and conclusions of the Commis- racy and adequacy of numerous Federal sta- hearings. tistics, including the Consumer Price Index, sion, and recommendations for such legisla- (g) CHAIRMAN.—The President shall des- gross domestic product, trade data, wage tion and administrative actions as the Com- ignate a Chairman of the Commission from data, and the poverty rate; mission considers appropriate. among the members. (6) Federal statistical data should be accu- SEC. 5. POWERS OF THE COMMISSION. rate, consistent, and continuous; SEC. 4. FUNCTIONS OF THE COMMISSION. (a) HEARINGS.—The Commission may hold (7) the Federal statistical infrastructure (a) STUDY.— such hearings, sit and act at such times and should be modernized to accommodate the (1) IN GENERAL.—The Commission shall places, take such testimony, and receive increasingly complex and ever changing conduct a comprehensive study of all mat- such evidence as the Commission considers American economy; ters relating to the Federal statistical infra- advisable to carry out the purposes of this Act. (8) Federal statistical agencies should uti- structure, including longitudinal surveys (b) INFORMATION FROM FEDERAL AGEN- lize all practical technologies to disseminate conducted by private agencies and partially CIES.—The Commission may secure directly statistics to the public; and funded by the Federal Government. from any Federal department or agency such (9) the Federal statistical infrastructure (2) STUDY AND RECOMMENDATIONS.—The information as the Commission considers should maintain the privacy of individuals. matters studied by and recommendations of necessary to carry out the provisions of this SEC. 3. ESTABLISHMENT OF COMMISSION. the Commission shall include— Act. Upon request of the Chairman of the (a) ESTABLISHMENT.—There is established a (A) an examination of multipurpose statis- Commission, the head of such department or commission to be known as the Commission tical agencies that collect and analyze data agency shall furnish such information to the to Study the Federal Statistical System of broad interest across department and Commission. (hereafter in this Act referred to as the function areas, such as the Bureau of Eco- (c) POSTAL SERVICES.—The Commission ‘‘Commission’’). nomic Analysis and the Bureau of the Census may use the United States mails in the same (b) MEMBERSHIP.— of the Commerce Department, and the Bu- manner and under the same conditions as (1) COMPOSITION.—The Commission shall be reau of Labor Statistics of the Labor Depart- other departments and agencies of the Fed- composed of 13 members of whom— ment; eral Government. (A) 5 shall be appointed by the President; (B) a review and evaluation of the collec- (d) GIFTS.—The Commission may accept, (B) 4 shall be appointed by the President tion of data for purposes of administering use, and dispose of gifts or donations of serv- pro tempore of the Senate, in consultation such programs as Old-Age, Survivors and ices or property. with the Majority Leader and Minority Disability Insurance and Unemployment In- SEC. 6. COMMISSION PERSONNEL MATTERS. Leader of the Senate; and surance under the Social Security Act; (a) COMPENSATION OF MEMBERS.—

VerDate Aug 31 2005 00:20 Jul 01, 2008 Jkt 041999 PO 00000 Frm 00088 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S25SE6.REC S25SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 25, 1996 CONGRESSIONAL RECORD — SENATE S11299 (1) IN GENERAL.—Subject to paragraph (2), relied heavily upon the availability of rea- care have access to emergency and ur- each member of the Commission shall be sonably accurate and timely federal statis- gent care; to the Committee on Fi- compensated at a rate equal to the daily tics on the national economy. Similarly, our nance. equivalent of the annual rate of basic pay professional training leads us to recognize prescribed for level IV of the Executive how important a good system of statistical THE MEDICARE ACCESS TO EMERGENCY MEDICAL Schedule under section 5315 of title 5, United information is for the efficient operations of CARE ACT States Code, for each day (including travel our complex private economy. But we are Mr. GRAHAM. Mr. President, today I time) during which such member is engaged also painfully aware that important prob- will introduce legislation entitled in the performance of the duties of the Com- lems of bureaucratic organization and meth- Medicare Access to Emergency Medical mission. odology need to be examined and dealt with Care Act, joined by Senators GRASS- (2) CHAIRMAN.—The Chairman shall be if the federal statistical system is to con- tinue to meet essential public and private LEY, MOSELEY-BRAUN, CHAFEE, BAUCUS, compensated at a rate equal to the daily JEFFORDS, SIMON, HOLLINGS, and equivalent of the annual rate of basic pay needs. WELLSTONE. prescribed for level III of the Executive All of us have particular reason to remem- Schedule under section 5315 of title 5, United ber the problems which periodically arise This legislation would require Medi- under the current system of widely scattered States Code, for each day (including travel care health maintenance organizations responsibilities. Instead of reflecting a bal- time) during which such member is engaged to pay for emergency care services pro- ance among the relative priorities of one sta- in the performance of the duties of the Com- vided to prudent beneficiaries seeking tistical collection effort against others, sta- mission. tistical priorities are set in a system within emergency care and would preclude (b) TRAVEL EXPENSES.—The members of which individual Cabinet Secretaries rec- health maintenance organizations from the Commission shall be allowed travel ex- ommend budgetary tradeoffs between their requiring prior authorizations in such penses, including per diem in lieu of subsist- own substantive programs and the statistical situations. This language, Mr. Presi- ence, at rates authorized for employees of operations which their departments, some- agencies under subchapter I of chapter 57 of dent, was previously approved by unan- times by historical accident, are responsible imous consent in the Senate during title 5, United States Code, while away from for collecting. Moreover, long range planning their homes or regular places of business in of improvements in the federal statistical consideration of the Balanced Budget the performance of services for the Commis- system to meet the changing nature and Act of 1995. sion. Such travel may include travel outside needs of the economy is hard to organize in Why is this bill necessary? Mr. Presi- the United States. the present framework. The Office of Man- dent, lack of a ‘‘prudent lay person’’ (c) STAFF.— agement and Budget and the Council of Eco- definition places Medicare bene- (1) IN GENERAL.—Subject to paragraph (2), nomic Advisers put a lot of effort into trying ficiaries in the unreasonable position the Commission shall, without regard to the to coordinate the system, often with success, of having emergency room visits for provisions of title 5, United States Code, re- but often swimming upstream against the lating to the competitive service, appoint an system. experiences, such as chest pain, denied executive director who shall be paid at a rate We are also aware, as of course are you, of for reimbursement by managed care or- equivalent to a rate established for the Sen- a number of longstanding substantive and ganizations, in some cases significantly ior Executive Service under section 5382 of methodological difficulties with which the subsequent to the visit to the emer- title 5, United States Code. The Commission current system is grappling. These include gency room. Why denied? Denied be- shall appoint such additional personnel as the increasing importance in the national cause the beneficiary did not seek prior economy of the service sector, whose output the Commission determines to be necessary authorization, or denied because the to provide support for the Commission, and and productivity are especially hard to may compensate such additional personnel measure, and the pervasive effect both on beneficiary was diagnosed not to have without regard to the provisions of title 5, measures of national output and income and an emergency condition, even if a rea- United States Code, relating to the competi- on the federal budget of the accuracy (or in- sonable person believed that they had tive service. accuracy) with which our measures of prices an emergency condition. (2) LIMITATION.—The total number of em- capture changes in the quality of the goods According to the congressionally es- ployees of the Commission (including the ex- and services we buy. tablished Physician Payment Review ecutive director) may not exceed 30. Without at all prejudging the appropriate measures to deal with these difficult prob- Commission’s 1996 annual report to (d) DETAIL OF GOVERNMENT EMPLOYEES.— Congress: Any Federal Government employee may be lems, we believe that a thoroughgoing review detailed to the Commission without reim- by a highly qualified and bipartisan Commis- Medicare requires health plans to provide bursement, and such detail shall be without sion as provided in your Bill has great prom- or pay for care needed in an emergency, but interruption or loss of civil service status or ise of showing the way to major improve- what constitutes an emergency may be mis- privilege. ments. understood or disputed by plans and bene- (e) PROCUREMENT OF TEMPORARY AND Sincerely, ficiaries. The definition of ‘‘emergency’’ is INTERMITTENT SERVICES.—The Chairman of PROF. MICHAEL J. BOSKIN, central to resolve such disputes and guide the Commission may procure temporary and The Hoover Institu- beneficiaries before they seek emergency intermittent services under section 3109(b) of tion. care. title 5, United States Code, at rates for indi- DR. MARTIN FELDSTEIN, Mr. President, currently, 60 percent viduals which do not exceed the daily equiva- National Bureau of of the claims that are disputed between lent of the annual rate of basic pay pre- Economic Research. ALAN GREENSPAN. Medicare beneficiaries and managed scribed for level V of the Executive Schedule care plans involve emergency room under section 5316 of such title. PROF. PAUL W. MCCRACKEN, services. Let me repeat that. Sixty per- SEC. 7. TERMINATION OF THE COMMISSION. University of Michi- cent of the claims that are disputed be- The Commission shall terminate 90 days gan. after the date on which the Commission sub- tween Medicare beneficiaries and man- RAYMOND J. SAULNIER. mits the final report of the Commission. aged care plans involve emergency CHARLES L. SCHULTZE, SEC. 8. AUTHORIZATION OF APPROPRIATIONS. room services. As a result, the Physi- The Brookings Institu- cian’s Payment Review Commission There are authorized to be appropriated tion. $2,500,000 for fiscal year 1997, $5,000,000 for fis- BERYL W. SPRINKEL. recommends, ‘‘A prudent lay person’s cal year 1998, and $2,500,000 for fiscal year HERBERT STEIN, perspective should be considered as one 1999 to the Commission to carry out the pur- American Enterprise of the factors in determining when a poses of this Act. Institute. health plan that participates in Medi- PROF. MURRAY care should pay for initial screening SEPTEMBER 23, 1996. WEIDENBAUM, and stabilization, if necessary, in an Hon. DANIEL P. MOYNIHAN, Center for the Study of emergency. Hon. J. ROBERT KERREY, American Business. U.S. Senate, That is the standard which this legis- Washington, DC. By Mr. GRAHAM (for himself, lation adopts. This legislation would DEAR SENATORS MOYNIHAN AND KERREY: All Mr. GRASSLEY, Ms. MOSELEY- protect Medicare beneficiaries who ap- of us are former Chairmen of the Council of BRAUN, Mr. CHAFEE, Mr. JEF- pear to act prudently from the perspec- Economic Advisers. We write to support the tive of a lay person—such as thinking basic objectives and approach of your Bill to FORDS, Mr. BAUCUS, Mr. SIMON, establish the Commission to Study the Fed- Mr. HOLLINGS, and Mr. that chest pain may be an indication of eral Statistical System. WELLSTONE): a heart attack and seeking emergency The United States possesses a first-class S. 2121. A bill to ensure medicare care. It would protect those Medicare statistical system. All of us have in the past beneficiaries participating in managed beneficiaries from facing substantial,

VerDate Aug 31 2005 00:20 Jul 01, 2008 Jkt 041999 PO 00000 Frm 00089 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S25SE6.REC S25SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S11300 CONGRESSIONAL RECORD — SENATE September 25, 1996 or in some cases even catastrophic, fi- maintenance organizations, wrote a re- Mr. GRAHAM. Mr. President, I send nancial liabilities. The irony of this port for the Federal Government. In to the desk this legislation, and re- situation is that the Federal Emer- that it stated, ‘‘Definitions of ‘emer- quest its immediate referral. gency Medical Treatment and Labor gency’ in regulation should be modified The PRESIDING OFFICER. The bill Act requires that all persons who come so that a reasonable and prudent lay will be referred to the appropriate com- to a Medicare-participating hospital person can anticipate claims that mittee. for emergency care be given a screen- would be covered versus denied.’’ There being no objection, the mate- ing examination to determine if they Michael Stocker, the president and rial was ordered to be printed in the are experiencing a medical emergency chief executive officer of Empire Blue RECORD, as follows: and, if so, that they receive stabilizing Cross/Blue Shield in New York, argued [From the Miami Herald, July 30, 1995] treatment before being discharged or a similar point in an editorial entitled HMO’SINTHEER: A VIEW FROM THE moved to another facility. And that fa- ‘‘The Ticket To Better Managed Care,’’ TRENCHES cility, that Medicare-participating hos- which was published in the New York (By Paul R. Lindeman) pital emergency room is required to Times on October 28, 1995. Mr. Stocker I arrived for my 12-hour shift in the Emer- provide those services without regard wrote, ‘‘At times, managed care is a gency Department at 7 p.m. As the departing physician and I went over the cases of the to the financial ability of the indi- euphemism for cost-cutting that puts current patients, I was told the woman in vidual to pay. the patient second. Because of the in- Room 2 was being transferred to a psy- As a result, emergency room doctors dustry’s financial success, too few or- chiatric facility. The patient was pregnant, and hospitals face a Catch-22. They are ganizations are paying attention to addicted to crack cocaine and had been as- required by Medicare law and their own people’s rising worries about how they sessed as suicidal by a psychiatrist. professional ethics to perform diag- will fare in HMO’s that restrict access An obstetrician was required to care for nostic tests and examinations to rule the patient during her stay at the mental to specific doctors and hospitals.’’ health facility. The only two groups of prac- out emergency conditions. But those Mr. Stocker further argues that ticing obstetricians who were on this wom- same health care providers may be de- plans must ‘‘provide high-quality serv- an’s HMO ‘‘panel’’ and on staff at this facil- nied reimbursement due to prior au- ice in ways that can be proved and ity both refused to accept this high-risk thorization requirements or a finding readily understood.’’ case. That left this unfortunate woman, and that the condition was not of an emer- As part of providing quality of care our staff, caught in the ‘‘never-never land’’ gent nature, even though symptoms, to patients that is readily understood, of managed care. When I left the Emergency Department at such as extreme pain, shortness of Mr. Stocker concludes that, ‘‘Health 7:30 the following morning, she was still in breath, chest pains, loss of blood, or plans should pay for emergency room Room 2. It took hospital administrators and others, would prompt most lay persons coverage for consumers who believe attorneys all day to arrange disposition, and to conclude that they need to seek they have a legitimate emergency, the patient was eventually transferred—at medical care immediately. even if it turns out that they do not.’’ 6:30 that evening. Dr. Paul Lindeman wrote in an arti- That is a perfect description of this Managed-care health plans typically limit choice of doctors and hospitals and attempt cle in the Miami Herald on July 30, bill’s ‘‘prudent lay person’’ standard. to closely monitor services provided. Their 1995, about an 85-year-old woman with Finally, since the Federal Govern- goal is to curb unnecessary tests and hos- a hip fracture who was denied admis- ment and beneficiaries are paying pitalizations to keep costs down. In the case sion to his hospital’s emergency de- through Medicare for emergency room of for-profit managed-care companies, the partment by her health maintenance services—that is, emergency room additional purpose is obvious. But what hap- organization so that she could be services are on the list of medical serv- pens when managed care meets the emer- gency room? transferred to an emergency depart- ices that a Medicare beneficiary con- Federal law requires a screening exam at ment across town. The patient had to tracts to receive when they join a emergency facilities, but HMOs are not re- wait 3 hours for the HMO ambulance health maintenance organization—it quired to pay. By exploiting this fact, man- service. According to Dr. Lindeman, makes sense to require that those serv- aged care is able to shift costs onto hos- ‘‘No matter how well-trained or tal- ices be provided and paid for on a rea- pitals, doctors and policyholders, thereby ented the emergency physician, there sonable basis. ‘‘saving’’ money. are also times when he or she requires Without it, Medicare becomes like a Consider the case of a 50-year-old male who awakes at 4 a.m. with chest pain and goes to the urgent services of a consultant to horribly ineffective Government pro- the hospital 10 blocks away—instead of his provide definitive care for a patient gram where money goes in but results HMO hospital an extra 30 minutes away. (for instance, vascular and orthopedic and the delivery of services are lacking After examination and testing, it’s deter- surgeons to repair a severely trauma- to the beneficiary. We in this Congress mined that the patient is not having a heart tized limb). In these cases, delays in have a financial responsibility to de- attack and that it’s safe for him to go home. care due to managed care bureaucracy mand that the services which we pay His diagnosis is submitted on a claim form with a code for ‘‘gastritis.’’ can become a legitimate hazard to the for are being delivered. His insurance company denies payment, patient.’’ Mr. President, as we know managed stating that ‘‘gastritis’’ is not an emergency. Now, Mr. President, some might be care is becoming an increasing part of As a result, the hospital and the company concerned that this legislation would our health care system as it relates to who employs the emergency department preclude health maintenance organiza- Medicare beneficiaries. In 1990, there physician both bill the patient. tions from limiting reimbursement for were only 3.5 percent of all Medicare While this ‘‘retrospectoscope’’ is widely frivolous emergency room use and beneficiaries enrolled in a managed employed and industry standard for denying payment, there are many other ‘‘savings’’ abuse by some beneficiaries. Such con- care plan. Today that number exceeds 9 techniques. For instance, many HMOs re- cern is unwarranted because this legis- percent. The importance and need for quire ‘‘pre-authorization’’ to treat a patient lation does not prevent managed care this legislation will only increase as in the ER. plans from retrospectively reviewing more and more Medicare beneficiaries Consider now a 60-year-old female who ar- services delivered in the hospital emer- are encouraged to elect managed care rives at the emergency room complaining gency department to Medicare bene- over fee-for-service as the form of re- also of chest pain. The triage nurse examines the patient, obtaining a brief history and ficiaries. All it does is require the plans ceiving their Medicare services. vital signs. A call is placed to the insurance to base their review on whether the pa- As a result, with the cosponsors, a company and a recorded message is obtained tient acted prudently given the pa- broad bipartisan group of my col- without specific instruction regarding emer- tient’s symptoms. Frivolous or abusive leagues, I am introducing this impor- gencies. The patient is treated but the pay- emergency room use by a patient tant legislation today. And I urge its ment is denied. Reason: Authorization was would not be prudent and, therefore, adoption in the remaining days of this never obtained. could still be denied by the HMO. session, or in the next Congress. Here’s an alternate scenario, same patient, Mr. President, in 1993, the Network Mr. President, I ask unanimous con- again waiting for pre-authorization. (Non- critical patients often wait for more than an Design Group, a group which is best sent that copies of newspaper articles hour.) This time ‘‘the insurance company’’ known for their work as a national me- which I have cited from the Miami Her- answers the phone. Reading from a list, a se- diator and arbiter of disputes between ald and the New York Times regarding ries of questions is asked, limited almost ex- Medicare beneficiaries and their health this issue be printed in the RECORD. clusively to obtaining recorded numbers.

VerDate Aug 31 2005 00:20 Jul 01, 2008 Jkt 041999 PO 00000 Frm 00090 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S25SE6.REC S25SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 25, 1996 CONGRESSIONAL RECORD — SENATE S11301 Based on these numbers, the individual could be further from the truth. Reform has tors. While such a choice is important, it is speaking for the company determines that it been taking place at breakneck speed en- not the whole story. Some plans that limit is safe for the patient to be transferred to its tirely independent of Washington. In the last access to physicians and hospitals can be hospital. The emergency physician disagrees. five to 10 years, managed-care companies very high in quality. But they really have to The patient stays and is admitted to the hos- and the private sector have changed pro- prove it. pital. foundly the manner in which many Ameri- H.M.O’s must go out of their way to in- The HMO denies payment for the ER visit cans now receive their health care. volve patients in their own care. Studies and the 24-hour hospitalization, stating that As for-profit managed care has usurped de- show that when patients know more about the patient should have been transferred. cision-making authority from physicians, so their alternatives, and participate with their Again, the patient/policyholder, who pays a have they also diverted funds from hospitals, doctors in decision-making, the result is not monthly premium for his or her insurance, is physicians and policyholders to their own only happier but also healthier patients, and billed for all hospital and physician services. CEOs and stockholders. Last year, HMO prof- even cost savings. The representative for the insurance com- its grew by more than 15 percent, with the Legislation should be introduced in Albany pany who decides on preauthorization can four largest HMOs each reporting more than that lays down a number of requirements: range from someone with no medical back- $1 billion in profits. What Democrats and Re- First, intelligible full-disclosure literature is ground at all to another physician (albeit publicans alike fail to appreciate is that the imperative. Health plans must make clear with a vested economic incentive). Generally allegiance of managed care is to neither the the guidelines they want their doctors to fol- the level of expertise is somewhere between patient nor the reduction of the federal def- low when treating patients. The plans should this. Thus, the near-Orwellian scenario fre- icit, but to its CEOs and stockholders. disclose the treatments not covered. Second, quently plays out whereby a doctor who has So next time you see one of those warm the plans should full disclose their payment seen and examined a patient is trying to con- and fuzzy television commercials for an HMO to physicians, including bonuses related to vince a nurse, over the telephone, that a pa- that promises the world, remember this: cost containment and quality of care. tient is sick. ‘‘choose your own doctor’’ really means Third, health plans should pay for emer- Rudy Braccili Jr., business operations di- choose your own doctor from our list. And as gency room coverage for consumers who be- rector for the North Broward Hospital Dis- for the claim ‘‘no premiums, no deductibles, lieve they have a legitimate emergency, even trict, was quoted in The Herald as saying. no copayment’’ (health insurance for free?), if it turns out they do not. Fourth, patients ‘‘It’s just a game they play to avoid paying, you may as well pencil in: ‘‘no doctor.’’ At and it’s one of the ways they save money. should be aware of the drugs that managed least, not one likely to get up in the middle They do not see the realities of people who in care plans allow doctors to prescribe. They of the night. the middle of the night come into emergency should also know how to appeal decisions rooms.’’ He estimates that North District about drugs. [From the New York Times, Oct. 28, 1995] hospitals have lost millions of dollars a year In short, health plans have to stop ignoring because of HMOs’ reluctance to pay bills. THE TICKET TO BETTER MANAGED CARE the public’s fears and acting so much like Part of the problem is that what managed- (By Michael A. Stocker) cold insurance companies. They have to start listening more like doctors. care organizations are trying to do is often The central question about the future of quite difficult: determine prospectively health care goes beyond the outcome of the [From the New York Times, July 9, 1995] which patients are truly deserving of emer- debate over Medicare and Medicaid: Can gency-room care. Indeed, this may in fact be health maintenance organizations and other H.M.O.’S REFUSING EMERGENCY CLAIMS, a Catch-22. I know of no way to accurately managed care plans truly provide low-cost HOSPITALS ASSERT discern acute appendicitis from a ‘‘tummy and high-quality health care? TWO MISSIONS IN CONFLICT ache’’ without a history and physical exam- Like many people, I am dismayed at the ination. Furthermore, medicine does not al- ‘‘Managed Care’’ Groups Insist They Must way some managed care organization work. Limit Costs—Doctors Are Frustrated ways lend itself to black and white. For in- At times, managed care is a euphemism for (By Robert Pear) stance, is a woman who screams and gyrates cost-cutting that puts the patient second. hysterically as a result of a squirming cock- Because of the industry’s financial success, WASHINGTON, July 8.—As enrollment in roach in her ear an emergency? too few organizations are paying attention health maintenance organizations soars, hos- Unfortunately, problems with HMOs in the to people’s rising worries about how they pitals across the country report that ER go beyond cost shifting and denial of pay- will fare in H.M.O.’s that restrict access to H.M.O.’s are increasingly denying claims for ment. They often turn an otherwise brief en- specific doctors and hospitals. care provided in hospital emergency rooms. counter into a harrowing ordeal. Another ex- H.M.O.’s can no longer expect to prosper Such denials create obstacles to emer- ample from ‘‘the trenches’’ is illustrative. simply because they are less expensive than gency care for H.M.O. patients and can leave Our patient this time is an 85-year-old them responsible for thousands of dollars in woman with a hip fracture. But instead of traditional fee-for-service medical care. They must keep proving that their goal, first medical bills. The denials also frustrate being admitted, her HMO mandates that she emergency room doctors, who say the H.M.O. be transferred across town to the emergency and foremost, is to provide high-quality serv- practices discourage patients from seeking department at another facility where they ice in ways that can be proved and readily urgently needed care. But for their part, contract their surgical hip repairs. The pa- understood. Not every health plan will suc- H.M.O.’s say their costs would run out of tient waits three hours for the HMO ambu- ceed, but there are some avenues that every control if they allowed patients unlimited lance service, which is ‘‘backed up.’’ health plan executive should follow. Consumers note: Had the patient not sold Learning about a good health plan by word access to hospital emergency rooms. her Medicare privileges to this HMO, she of mouth is insufficient. The industry needs How H.M.O.’s handle medical emergencies would have been admitted to our hospital to provide information that enables people is an issue of immense importance, given re- uneventually in a fraction of the time re- to compare plans and chose intelligently cent trends. Enrollment in H.M.O.’s doubled quired to complete her managed-care so- among them when they are not sick. in the last eight years, to 41 million in 1994, journ. In my view, in New York State that means partly because employers encouraged their No matter how well trained or talented the establishing a public-private system that use as a way to help control costs. emergency physician, there are also times compares the performances of competing In addition, Republicans and many Demo- when she or he requires the urgent services plans and requires all plans to participate. crats in Congress say they want to increase of a consultant to provide definitive care for The criteria might include the time it takes the use of H.M.O.’s because they believe that a patient (for instance, vascular and ortho- to get problems solved properly and to see an such prepaid health plans will slow the pedic surgeons to repair a severely trauma- appropriate doctor when one needs to do so. growth of Medicare and Medicaid, the pro- tized limb). In these cases, delays in care due Like the rest of the medical profession, grams for the elderly and the poor, which to managed-care bureaucracy can become a H.M.O.’s need to improve the way they meas- serve 73 million people at a Federal cost of legitimate hazard to the patient. ure the outcome of their treatments. While $267 billion this year. Dr. Charlotte S. Yeh, chief of emergency the art of diagnosis is well-developed, often Under Federal law, a hospital must provide medicine at the New England Medical Cen- treatment involves more uncertainty. In ‘‘an appropriate medical screening examina- ter, has said, ‘‘In some ways, it’s less frus- New York, the Department of Health has tion’’ to any patient who requests care in its trating for us to take care of homeless peo- been releasing risk-adjusted mortality data emergency room. The hospital must also pro- ple than HMO members. At least we can do about common types of heart surgery. How- vide any treatment needed to stabilize the what we think is right for them, as opposed ever uneasy doctors are about such findings, patient’s condition. to trying to convince an HMO over the phone the data have pointed out real differences in Dr. Toni A. Mitchell, director of emer- of what’s the right thing to do.’’ the quality of care among doctors and hos- gency care at Tampa General Hospital in In my experience that is not an exaggera- pitals. We need more information like this. Florida, said: ‘‘I am obligated to provide the tion. In the emergency department, the Most companies are not investing enough care, but the H.M.O. is not obligated to pay homeless—while certainly deserving of med- money in developing and operating patient- for it. This is a new type of cost-shifting, a ical care—often receive better and more information banks. Keeping inferior records way for H.M.O.’s to shift costs to patients, prompt care than the HMO policyholder. is self-defeating. physicians and hospitals.’’ Conventional political wisdom holds that Most people thing a high-quality health Most H.M.O.’s promise to cover emergency health-care reform is dead, in fact, nothing plan is one that lets them choose their doc- medical services, but there is no standard

VerDate Aug 31 2005 00:20 Jul 01, 2008 Jkt 041999 PO 00000 Frm 00091 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S25SE6.REC S25SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S11302 CONGRESSIONAL RECORD — SENATE September 25, 1996 definition of the term. H.M.O.’s can define it scheduled nature of emergency care. They uniform definition of emergency based on narrowly and typically reserve the right to often insist that their members get approval the judgment of ‘‘a prudent lay person.’’ The deny payment if they conclude, in retro- before going to a hospital emergency depart- bill would prohibit H.M.O.’s from requiring spect, that the conditions treated were not ment. Getting prior authorization may delay prior authorization for emergency services. emergencies. Hospitals say H.M.O.’s often care. A health plan could be fined $10,000 for each refuse to pay for their members in such ‘‘In some ways, it’s less frustrating for us violation and $1 million for a pattern of re- cases, even if H.M.O. doctors sent the pa- to take care of homeless people than H.M.O. peated violations. tients to the hospital emergency rooms. Hos- members. At least, we can do what we think The American College of Emergency Phy- pitals then often seek payment from the pa- is right for them, as opposed to trying to sicians, which represents more than 15,000 tient. convince an H.M.O. over the phone of what’s doctors, has been urging Congress to adopt Dr. Stephan G. Lynn, director of emer- the right thing to do.’’ such changes and supports the legislation. gency medicine at St. Luke’s-Roosevelt Hos- Dr. Gary P. Young, chairman of the emer- When H.M.O.’s deny claims filed on behalf pital Center in Manhattan, said: ‘‘We are gency department of Highland Hospital in of Medicare beneficiaries, the patients have getting more and more refusals by H.M.O.’s Oakland, Calif., said H.M.O.’s often directed a right to appeal. The appeals are heard by a to pay for care in the emergency room. The emergency room doctors to release patients private consulting concern, the Network De- problem is increasing as managed care be- or transfer them to other hospitals before it sign Group of Pittsford, N.Y., which acts as comes a more important source of reim- was safe to do so. ‘‘This is happening every agent for the Government. The appeals total bursement. Managed care is relatively new day,’’ he said. 300 to 400 a month, and David A. Richardson, in New York City, but it’s growing rapidly.’’ The PruCare H.M.O. in the Dallas-Forth president of the company, said that a sur- H.M.O.’s emphasize regular preventive area, run by the Prudential Insurance Com- prisingly large proportion—about half of all care, supervised by a doctor who coordinates pany of America, promises ‘‘rock solid Medicare appeals—involved disagreements all the medical services that a patient may health overage,’’ but the fine print of its over emergencies or other urgent medical need. The organizations try to reduce costs members’ handbook says, ‘‘Failure to con- problems. by redirecting patients from hospitals to less tact the primary care physician prior to expensive sites like clinics and doctors’ of- emergency treatment may result in denial of By Mr. DEWINE: fices. payment.’’ S. 2122. A bill to establish the Fallen The disputes over specific cases reflect a Typically, in an H.M.O., a family doctor or Timbers Battlefield, Fort Meigs, and larger clash of missions and cultures. An an internist managing a patient’s care serves H.M.O. is the ultimate form of ‘‘managed as ‘‘gatekeeper,’’ authorizing the use of spe- Fort Miamis National Historical Site care,’’ but emergencies are, by their very na- cialists like cardiologists and orthopedic in the State of Ohio; to the Committee ture, unexpected and therefore difficult to surgeons. The H.M.O.’s send large numbers of on Energy and Natural Resources. manage. Doctors in H.M.O.’s carefully weigh patients to selected doctors and hospitals; in THE FALLEN TIMBERS ACT the need for expensive tests or treatments, return, they receive discounts on fees. But ∑ Mr. DEWINE. Mr. President, I intro- but in an emergency room, doctors tend to emergencies are not limited to times and duce legislation that will designate the do whatever they can to meet the patient’s places convenient to an H.M.O.’s list of doc- Fallen Timbers Battlefield, Fort Meigs, immediate needs. tors and hospitals. Each H.M.O. seems to have its own way of H.M.O.’s say they charge lower premiums and Fort Miamis as national historic handling emergencies. Large plans like Kai- than traditional insurance companies be- sites. ser Permanente provide a full range of emer- cause they are more efficient. But emer- Mr. President, the people of north- gency services around the clock at their own gency room doctors say that many H.M.O.’s west Ohio are committed to preserving clinics and hospitals. Some H.M.O.’s have skimp on specialty care and rely on hospital the historic heritage of the United nurses to advise patients over the telephone. emergency rooms to provide such services, States and the State of Ohio, as well as Some H.M.O. doctors take phone calls from especially at night and on weekends. that of their own community. patients at night. Some leave messages on Dr. David S. Davis, who works in the emer- The truly national significance of the phone answering machines, telling patients gency department at North Arundel Hospital Battle of Fallen Timbers and Fort to go to hospital emergency rooms if they in Glen Burnie, Md., said: ‘‘H.M.O.’s don’t cannot wait for the doctors’ office to reopen. have to sign up enough doctors as long as Meigs have been acknowledged already. At the United Healthcare Corporation, they have the emergency room as a safety In 1960, Fallen Timbers was designated which runs 21 H.M.O.’s serving 3.9 million net. The emergency room is a backup for the as a National Historic Landmark. In people, ‘‘It’s up to the physician to decide H.M.O. in all its operations.’’ Under Mary- 1969, Fort Meigs received this designa- how to provide 24-hour coverage,’’ says Dr. land law, he noted, an H.M.O. must have a tion. Lee N. Newcomer, chief medical officer of system to provide members with access to The Battle of Fallen Timbers is ac- the Minneapolis-based company. doctors at all hours, but it can meet this ob- knowledged by the National Park Serv- George C. Halvorson, chairman of the ligation by sending patients to hospital ice as a culminating event in the his- Group Health Association of America, a emergency rooms. trade group for H.M.O.’s, said he was not To illustrate the problem, doctors offer tory of the struggle for dominance in aware of any problems with emergency care. this example: A 57-year-old man wakes up in the old Northwest Territory. ‘‘This is totally alien to me,’’ said Mr. the middle of the night with chest pains. A Fort Meigs is recognized by the Na- Halvorson, who is also president of Health- hospital affiliated with his H.M.O. is 50 min- tional Park Service as the zenith of the Partners, an H.M.O. in Minneapolis. Donald utes away, so he goes instead to a hospital British advance in the west as well as B. White, a spokesman for the association just 10 blocks from his home. An emergency the maximum effort by Native forces said, ‘‘We just don’t have data on emergency room doctor orders several common but ex- under the Shawnee, Tecumseh, during services and how they’re handled by different pensive tests to determine if a heart attack the War of 1812. H.M.O.’s.’’ has occurred. Fort Miamis, which was attacked About 3.4 million of the nation’s 37 million The essence of the emergency physician’s Medicare beneficiaries are in H.M.O.’s. Dr. art is the ability to identify the cause of twice without success by British Rodney C. Armstead, director of managed such symptoms in a patient whom the doctor troops, led by Gen. Henry Proctor, in care at the Department of Health and has never seen. The cause could be a heart the spring of 1813, is listed on the Na- Human Services, said the Government had attack. But it could also be indigestion, tional Register of Historic Places. received many complaints about access to heartburn, stomach ulcers, anxiety, a panic Recently, the National Park Service emergency services in such plans. He re- attack, a pulled muscle or any of a number completed a special resource study ex- cently sent letters to the 164 H.M.O.’s with of other conditions. amining the proposed national historic Medicare contracts, reminding them of their If the diagnostic examination and tests site designation and the suitability of obligations to provide emergency care. had not been performed, the hospital and the Alan G. Raymond, vice president of the emergency room doctors could have been these sites for inclusion in the Na- Harvard Community Health Plan, based in cited for violating Federal law. tional Park System. Brookline, Mass., said, ‘‘Employers are put- But in such situations, H.M.O.’s often The Park Service concluded that ting pressure on H.M.O.’s to reduce inappro- refuse to pay the hospital, on the ground these sites were suitable for inclusion priate use of emergency services because that the hospital had no contract with the in the National Park System—with such care is costly and episodic and does not H.M.O., the chest pain did not threaten the non-Federal management and National fit well with the coordinated care that patient’s life or the patient did not get au- Park Service assistance. The bill I am H.M.O.’s try to provide.’’ thorization to use a hospital outside the introducing today would act on that Dr. Charlotte S. Yeh, chief of emergency H.M.O. network. medicine at the New England Medical Cen- Representative Benjamin L. Cardin, Demo- recommendation. ter, a teaching hospital in Boston, said: crat of Maryland, said he would soon intro- My legislation will accomplish the ‘‘H.M.O.’s are excellent at preventive care, duce a bill to help solve these problems. The following: regular routine care. But they have not been bill would require H.M.O.’s to pay for emer- Recognize and preserve the 185-acre able to cope with the very unpredictable, un- gency medical services and would establish a Fallen Timbers Battlefield site;

VerDate Aug 31 2005 00:20 Jul 01, 2008 Jkt 041999 PO 00000 Frm 00092 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S25SE6.REC S25SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 25, 1996 CONGRESSIONAL RECORD — SENATE S11303 Formalize the linkage between the ator LIEBERMAN, Senator MOYNIHAN, year, a record amount for the highway Fallen Timbers Battlefield and Monu- Senator PRESSLER, and Senator THOM- program. One would think that such an ment to Fort Meigs and Fort Miamis; AS. increase would mean that each State Preserve and interpret U.S. military I ask unanimous consent that all will receive an increase in available history and native American culture those Senators be listed as original co- funds. Not so. Just the opposite has during the period from 1794 through sponsors of our legislation. happened. Even with that large in- 1813; and, The PRESIDING OFFICER. Without crease in total funds allocated, 28 Provide technical assistance to the objection, it is so ordered. States will see a decrease in their high- State of Ohio as well as interested Mr. BAUCUS. Madam President, es- way apportionments. community and historical groups in sentially, this is a bipartisan bill to Some States will lose up to 17 per- the development and implementation correct a bureaucratic, administrative cent. Others will see an increase of up of programming and interpretation of error that has penalized 28 States to 30 percent. A good part of these fluc- the three sites. under the highway program. It is that tuations is due to the Treasury Depart- However, my legislation will not re- simple. This bill is identical to the ment error, obviously unfair. quire the Federal Government to pro- amendment I offered to the Transpor- Our bill fixes this, puts us right back vide direct funding to these three sites. tation appropriations bill on July 31. It to the status quo, to the formula pre- That responsibility remains with—and is the same bill. Although that amend- scribed allocations. It requires the De- is welcomed by—the many individuals, ment received the support of 57 Sen- partment of Transportation use the community groups, elected officials, ators—57 Senators voted in favor of correct numbers in fiscal year 1997 and others who deserve recognition for it—the conference committee dropped when calculating the distribution of their many hours of hard work dedi- the issue from the conference report. funds to States under ISTEA, the high- cated to this issue. That is why Senator BINGAMAN, myself, way bill. Mr. President, we have entered an and my colleagues are back here today. It also requires the Department of era where the responsibility and the Let me briefly explain this bill. Transportation to correct the error in drive behind the management, pro- In 1994, the Treasury delayed cred- fiscal year 1996. So the distributions er- gramming, and—in many cases—the iting the highway trust fund with ap- rors made in 1996, as well as the errors funding for historic preservation is the proximately $1.6 billion in revenues that will be made, unless corrected, in responsibility of local community collected from the Federal gasoline 1997, will both be corrected. In other groups, local elected officials, and local tax. It was an error. They made a mis- words, I want to completely correct the business communities. take. While the money was later even- situation. No State should gain or lose This legislation to designate the tually deposited into the highway trust Federal highway funds based only on a Fallen Timbers Battlefield, Fort Meigs, fund, this delay has had very serious bureaucratic error at the Department and Fort Miamis as national historic ramifications on all of our States. of Treasury. sites represents just such an effort. In As most of my colleagues know, the Now that we understand the tremen- my opinion, it is long overdue. formulas for distributing Federal high- dous financial impact of this error, now Mr. President, it’s time to grant way funds to the States were set in that it is discovered, I don’t think it these truly historic areas the measure place in 1991 in the highway bill, other- should be compounded and continued of respect and recognition they de- wise known as ISTEA. Those formulas in the future. serve. I agree with the National Park govern the distribution of funds for 6 Let me stress to my colleagues that Service—and the people of Ohio—on years through September 30 of next this is not—I repeat, is not—an ISTEA this issue. That is why I am proposing year. That is the formula. It is in formula change. This is not a legisla- this important legislation today.∑ place. It is in the law for distributing tive change to change the formula that allocations of highway funds among Congress set back in 1991. This has By Mr. BAUCUS (for himself, Mr. our States. nothing to do with the allocation that BINGAMAN, Mr. HARKIN, Mr. Of our many categories of highway was set by legislation back in 1991. In COHEN, Mr. DOMENICI, Mr. funding, there is a direct correlation fact, this bill will ensure that all PRESSLER, Mr. GRASSLEY, Mr. between the amount of money a State States receive the amount of money LEAHY, Mr. GREGG, Mrs. KASSE- pays into the highway trust fund and originally authorized under ISTEA, no BAUM, Mr. AKAKA, Mr. the amount of money a State subse- more, no less. LIEBERMAN, Mr. KENNEDY, Mr. quently receives. If the revenue the Furthermore, this is not a donor KERRY, Mr. D’AMATO, Mrs. States paid to the highway trust fund State versus donee State funding issue, FRAHM, Mr. JEFFORDS, Mr. are not correctly credited to the appro- as some would say. It is not that at all. MOYNIHAN, Mr. THOMAS, Mr. priate accounts, the wrong amount of I am disappointed that some continue DODD, Mr. DORGAN, Mr. BRAD- funds is subsequently distributed to to characterize the situation in those LEY, Mr. CHAFEE, Mr. LAUTEN- the individual States. That is what terms. Some have even said that States BERG, and Mr. BURNS): happened. interested in fixing the error are being S. 2123. A bill to require the calcula- When the Treasury made this mis- greedy, a few believe. How can a State tion of Federal-aid highway apportion- take and delayed crediting $1.6 billion who seeks to correct an acknowledged ments and allocations for fiscal year to the highway trust fund, the amount error be called greedy? We are trying 1997 to be determined so that States ex- of money distributed to the States put the situation back to where it was perience no net effect from a credit to under one category, called 90 percent of as we legislated and intended it to be. the highway trust fund made in correc- payments category, was skewed, sim- This is truly a case of correcting an tion of an accounting error made in fis- ply because of a bureaucratic delay. honest bureaucratic mistake. Both the cal year 1994, and for other purposes; to Pure and simple bureaucratic delay, Departments of Treasury and Trans- the Committee on Environment and mistake. portation admit that the error was Public Works. As a consequence, some States were made. THE HIGHWAY FUNDING FAIRNESS ACT OF 1996 initially shortchanged in 1996 of their If some States are not happy with Mr. BAUCUS. Madam President, the distributions, and on this coming Tues- the ISTEA formulas adopted in 1991, I cosponsors of our legislation include day, October 1, the error will be com- say so be it. There is ample oppor- the following Senators, in addition to pounded. Some States will receive tunity to have that debate next year myself and Senator BINGAMAN: Senator much more than the original highway when Congress takes up the highway AKAKA from Hawaii, Senator COHEN, bill formula called for; others will re- bill and deals with formula allocations. Senator D’AMATO, Senator DODD, Sen- ceive much less. A lot of money is at It is going to be a big fight, but that is ator DOMENICI, Senator FRAHM, Sen- stake. where the fight should be, Madam ator GREGG, Senator GRASSLEY, Sen- In the fiscal year 1997 Transportation President. We all know that. It should ator HARKIN, Senator JEFFORDS, Sen- appropriations conference report, high- be in the context of the highway bill. ator KASSEBAUM, Senator KENNEDY, way spending was set at $18 billion. But to use a bureaucratic error as a Senator KERRY, Senator LEAHY, Sen- That is $450 million more than last backdoor way to change the formulas,

VerDate Aug 31 2005 00:20 Jul 01, 2008 Jkt 041999 PO 00000 Frm 00093 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S25SE6.REC S25SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S11304 CONGRESSIONAL RECORD — SENATE September 25, 1996 I think, is underhanded and is not the (d) EFFECTIVE DATE.—This section shall million over current levels, the highest way the Senate—the whole Congress, take effect on September 30, 1996. amount in history. It is not reasonable for that matter—ought to do business. for States like my own, New Mexico, to We are introducing this legislation Mr. BINGAMAN. Madam President, be taking a $20 million reduction in before the end of the 104th Congress. I let me speak briefly about a bill enti- highway funds when the overall ac- want to alert my colleagues that many tled the ‘‘Highway Funding Fairness counts are being increased to their of us feel that this Treasury error is of Act’’ that Senator BAUCUS is intro- highest levels. such magnitude and of such impor- ducing today, and which several of us It is not acceptable to me or to the tance that it must be addressed in the are cosponsoring, to correct a serious residents of my State of New Mexico to future. problem in the calculation of fiscal accept outcomes that are the result of I thank my good friend, Senator year 1997 Federal-aid highway fund ap- accounting errors. BINGAMAN, from New Mexico, for his portionments and allocations. It is our Let me list the funding reductions hard work and the welcome support of intention to use whatever vehicles are that 28 States are about to receive in other Senators. We are helping get this available, including the omnibus ap- fiscal year 1997 highway fund distribu- error corrected. propriations bill, to try to correct an tions unless we are able to correct this I thank you, Madam President, for error that exists in the transportation problem before we leave town. your hopeful help, too, as I see your appropriations bill that was earlier The States that are losers under the colleague is a cosponsor. It is my hope passed in this body and sent to the bill as it now stands would be: Alaska, that the other Senator from Maine will President. $22 million less than the current year; see the wisdom of his efforts as well. Senator BAUCUS will describe in more Colorado, $1.2 million less; Con- I ask unanimous consent that Sen- detail the technical mistake that was necticut, $37 million less; Delaware, $8 ator DORGAN be added as a cosponsor. made by the Department of Treasury million less; Hawaii, $13 million less; The PRESIDING OFFICER. Without in 1994, which resulted in faulty projec- Idaho, $7 million less; Illinois, $71 mil- objection, it is so ordered. tions for this fiscal year. It is my un- lion less; Iowa, $21 million less; Kansas, Mr. BAUCUS. Madam President, I derstanding that the Department of $22 million less; Maine, $7 million less; send the bill to the desk and ask unani- Transportation has previously been in- Maryland, $3 million less; Massachu- mous consent it be printed in the structed and empowered by the Office setts, $73 million less; Minnesota, $32 RECORD and referred to the appropriate of Management and Budget to appor- million less; Montana, $21 million less; committee. tion highway funds on the basis of this Nebraska, $15 million less; New Hamp- The PRESIDING OFFICER. Without error being corrected. And, in fact, shire, $9 million; New Jersey, $44 mil- objection, it is so ordered. baseline budget projections for the De- lion; my own State, as I have indi- S. 2123 partment of Transportation reflect this cated, $20 million less; New York, $111 Be it enacted by the Senate and House of Rep- agreement. million less than current year funding; resentatives of the United States of America in Somewhere between then and now, North Dakota, $11 million less; Ohio, Congress assembled, signals have changed and States are $19 million less; Rhode Island, $14 mil- SECTION 1. SHORT TITLE. about to get either unfairly rewarded lion less; South Dakota, $12 million This Act may be cited as the ‘‘Highway or unfairly punished because of a less; Utah, $4 million less; Vermont, $8 Funding Fairness Act of 1996’’. flawed apportionment formula. SEC. 2. CALCULATION OF FEDERAL-AID HIGHWAY million less; Washington State, $33 APPORTIONMENTS AND ALLOCA- Many of us in this Chamber thought million less; West Virginia, $17 million TIONS. that the problem had been fixed when less; and Wyoming, $12 million less. (a) IN GENERAL.—Except as provided in we passed Senator BAUCUS’ amendment Madam President, in contrast, there subsection (b), for fiscal year 1997, the Sec- as part of the fiscal year 1997 Transpor- are some very large winners because of retary of Transportation shall determine the tation appropriations bill. This amend- this accounting error. Texas, for exam- Federal-aid highway apportionments and al- ment, like the bill we are introducing ple, is receiving a $183 million increase locations to a State without regard to the today, would have corrected the ac- approximately $1,596,000,000 credit to the in next year’s funding, which is about a Highway Trust Fund (other than the Mass counting error. 19 percent increase over the current Transit Account) of estimated taxes paid by When the conference report emerged, year. Arizona, which borders my home States that was made by the Secretary of however, the amendment that would State of New Mexico, will receive a 24 the Treasury for fiscal year 1995 in correc- have fixed the problem had been percent increase. California will re- tion of an accounting error made in fiscal dropped. Unfortunately, when we voted ceive an additional $122 million over year 1994. on this issue last Wednesday night, current year funding. (b) ADJUSTMENTS FOR EFFECTS IN 1996.—The very few Senators were adequately in- Secretary of Transportation shall, for each My home State’s total highway funds State— formed that the correcting amendment will be cut by 12 percent unless we can (1) determine whether the State would which Senator BAUCUS had previously correct the error that the amendment have been apportioned and allocated an in- offered was no longer included and that of Senator BAUCUS seeks to correct. In creased or decreased amount for Federal-aid many of their States would be taking our State, we have six highway depart- highways for fiscal year 1996 if the account- serious, unexpected cuts in spending ment districts that will have to shoul- ing error referred to in subsection (a) had authority for highway projects. der the burden of these cuts, resulting not been made (which determination shall I have asked the President, as have in each of those districts receiving take into account the effects of section many other Senators, to try to fix this 1003(c) of the Intermodal Surface Transpor- something around $3 or $4 million less tation Efficiency Act of 1991 (Public Law 102– by working with the Department of than in the current year. 240; 105 Stat. 1921)); and Transportation to apportion funds Albuquerque, and that portion of my (2) after apportionments and allocations based on their original baseline projec- State, will be hit harder than other re- are determined in accordance with sub- tions, as understood by the Office of gions because it generally receives section (a)— Management and Budget and the Con- more Federal highway funds than other (A) adjust the amount apportioned and al- gressional Budget Office, or if the regions. Our State and Federal funding located to the State for Federal-aid high- President determines that is not pos- ways for fiscal year 1997 by the amount of contributions now hardly extend far the increase or decrease; and sible, to then veto the legislation and enough to manage maintenance and (B) adjust accordingly the obligation limi- return it to the Congress so we can fix upgrade of existing highways, not to tation for Federal-aid highways distributed the problem. I believe our States are mention initiate new projects. This im- to the State under section 310 of the Depart- not well-served by this legislation. We pact will most likely mean that few, if ment of Transportation and Related Agen- must use all opportunities available to any, such new projects will be initi- cies Appropriations Act, 1997. call attention to this error and correct ated. (c) NO EFFECT ON 1996 DISTRIBUTIONS.— it before the Congress adjourns. My real concern, Madam President— Nothing in this section shall affect any ap- portionment, allocation, or distribution of What is even more disturbing in as- and I will conclude with this—my real obligation limitation, or reduction thereof, sessing the impact of the error is that concern is that the impact of this ac- to a State for Federal-aid highways for fiscal overall highway spending will increase counting error is that my State of New year 1996. in fiscal year 1997 to $18 billion, $455 Mexico will proceed, as will all the

VerDate Aug 31 2005 00:20 Jul 01, 2008 Jkt 041999 PO 00000 Frm 00094 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S25SE6.REC S25SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 25, 1996 CONGRESSIONAL RECORD — SENATE S11305 other States I have mentioned, into the the mistake. This bill is identical to S. 2124 debates on the reauthorization of the that amendment. After significant dis- Be it enacted by the Senate and House of Rep- Intermodal Surface Transportation Ef- cussion, the Senate adopted the provi- resentatives of the United States of America in ficiency Act (ISTEA) legislation in a sion directing first that the Treasury Congress assembled, disadvantaged position. There are and Transportation Departments en- SECTION 1. SHORT TITLE. going to be lots of discussions, debate, sure that there was indeed an account- This Act may be cited as the ‘‘Arlington and back and forth negotiations about ing error, a mistake, and second, that National Cemetery Enhancement Act of highway funding formulas. This is Treasury would be directed to correct 1996’’. SEC. 2. REQUIREMENT FOR OFFER OF TRANSFER going to severely harm the 28 States the error. OF CERTAIN PROPERTY AT THE that are going to have to enter those Again, Mr. President, the Senate NAVY ANNEX, ARLINGTON, VIRGINIA. discussions with a lower baseline of adopted that amendment. Unfortu- (A) OFFER.—Upon the determination of the funding, a baseline of funding that nately, it was dropped in conference. Secretary of Defense under subsection (b), should not have ever occurred. And here we are again, faced with the the Secretary of Defense shall offer to trans- The bottom line in all of this is that prospect that, without a correction, fer to the Secretary of the Army administra- we are allowing an accounting error to States would receive the wrong high- tive jurisdiction over a parcel of real prop- drive our legislative outcome, rather erty consisting of approximately 31 acres lo- way funding levels to which they are cated in Arlington, Virginia, and known as than the collective intent of the Sen- entitled. the Navy Annex/Federal Building Number 2. ate. This is unacceptable. I strongly The logic behind the Highway Fund- The Secretary of defense shall make the urge my colleagues to work with us in ing Fairness Act of 1996 is simple, it is offer as soon as practicable after the date of correcting this problem and to support fair. Congress, in 1991, passed the land- the determination. Senator BAUCUS’ lead on this. We have mark ISTEA law, containing the high- (b) DETERMINATION.—The Secretary of De- time before we leave town to legisla- way funding formulas. Congress should fense shall make the offer required under subsection (a) upon a determination by the tively address the issue, particularly ensure that those formulas are adhered when we have the opportunity to Secretary that the Department of Defense no to when the administration calculates longer requires the property referred to in amend the omnibus appropriations bill, States’ highway funds. This bill will that subsection for the purposes for which which will be coming to the floor in the correct the bureaucratic error and en- such property is used as of the date of the en- next few days. sure that States receive the accurate actment of this Act. Madam President, we were not sent amounts calculated under the highway (c) REQUIREMENTS RELATING TO TRANS- here to legislate based on accounting funding formula. FER.—(1)(A) If the Secretary of Defense errors. I hope we can correct this one. I urge my colleagues to join me in co- transfers jurisdiction over the property re- I thank the Chair, and I yield the ferred to in subsection (a) pursuant to the sponsoring the bill, and I look forward offer under that subsection, the transfer floor. to its swift passage. Mr. BAUCUS. Madam President, I shall be without reimbursement. (B) The Secretary of the Army shall bear thank my good friend, Senator BINGA- By Mr. KEMPTHORNE: any costs associated with such transfer of MAN, from New Mexico, for his state- S. 2124. A bill to provide for an offer property, including costs of a survey of the ment. The words he spoke are true. He to transfer to the Secretary of the property and costs of compliance with envi- very well characterized the nature of Army of certain property at the Navy ronmental laws with respect to the property. this problem. I appreciate his assist- Annex, Arlington, VA; to the Com- (2) The Secretary of the Army shall utilize the property as part of the Arlington Na- ance. mittee on Armed Services. Mr. LAUTENBERG. Mr. President, I tional Cemetery, Virginia.∑ join my colleagues from Montana and THE ARLINGTON NATIONAL CEMETERY ENHANCEMENT ACT OF 1996 By Mr. LOTT: New Mexico in introducing a bill that ∑ S. 2125. A bill to provide a sentence of will correct an accounting error made Mr. KEMPTHORNE. Mr. President, death for certain importations of sig- by the Treasury Department in calcu- today, I am introducing legislation nificant quantities of controlled sub- lating highway allocations. The High- that would allow the Secretary of De- stances; to the Committee on the Judi- way Funding Fairness Act of 1996 does fense to transfer 31 acres to the Arling- ciary. not change any formulas established in ton National Cemetery once he deter- ISTEA, it does not affect any existing mines this property is no longer needed THE DRUG IMPORTER DEATH PENALTY ACT OF donor-donee relationship. by the Department of Defense. This 1996 Simply put, the bill merely corrects land is critical to the future tribute of Mr. LOTT. Mr. President, I ask unan- the fact that the Department of the our national heroes. imous consent that the text of the bill Treasury misinterpreted revenue re- I believe all members of this body be printed in the RECORD. ports because these reports were put in would agree that it is important to There being no objection, the bill was a new format. This error is acknowl- honor the men and women who have ordered to be printed in the RECORD, as edged by the Treasury Department and bravely fought to protect our liberty. follows: the Federal Highway Administration. Arlington National Cemetery has S. 2125 The unfortunate result is that the served the people proudly as one of the Be it enacted by the Senate and House of Rep- Treasury Department grossly over- ways our Nation pays respect to our resentatives of the United States of America in stated the amount of gas tax receipts national heroes. Unfortunately, the Congress assembled, to the highway trust fund during 1994. space reserved for Arlington National SECTION 1. SHORT TITLE With the passage of this bill, States Cemetery is limited. The additional This Act may be cited as the ‘‘Drug Im- will receive the funding that they are property provided by this legislation porter Death Penalty Act of 1996’’. entitled to —no more, no less. would allow our Nation to honor our SEC. 2. INCREASED PENALTIES FOR INTER- NATIONAL DRUG TRAFFICKING. This amendment will not deny any future champions of freedom for years to come. Section 1010 of the Controlled Substances state the full 90 percent of payments Import and Export Act (21 U.S.C. 960) is that they are due through the Federal I am proud to introduce this legisla- amended by adding at the end the following: Aid Highway Formula Program. What tion which I encourage the U.S. Senate ‘‘(e)(1) Notwithstanding any other provi- this amendment will do is set these to overwhelmingly support. This legis- sion of law, the court shall sentence a person payments at 90 percent of what the lation is not only a tribute to our fall- convicted of a violation of subsection (a), States actually paid, rather than 90 en heroes but to the families and consisting of bringing into the United States percent of the Treasury’s erroneous es- friends who have lost these valiant a mixture or substance— men and women. ‘‘(A) which is described in subsection (b)(1); timates. and Mr. President, this body is familiar Mr. President, I ask unanimous con- ‘‘(B) in an amount the Attorney General by with the problem this bill seeks to ad- sent that the text of the bill be printed rule has determined is equal to 100 usual dos- dress. During consideration of the in the RECORD. age amounts of such mixture or substance; Transportation appropriations bill, the There being no objection, the bill was to imprisonment for life without possibility Senator from Montana, Senator BAU- ordered to be printed in the RECORD, as of release. If the defendant has violated this CUS, offered an amendment to correct follows: subsection on more than one occasion and

VerDate Aug 31 2005 00:20 Jul 01, 2008 Jkt 041999 PO 00000 Frm 00095 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S25SE6.REC S25SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S11306 CONGRESSIONAL RECORD — SENATE September 25, 1996 the requirements of chapter 228 of title 18, clothes for K-Mart. A similar sweat- The bill sends a clear message to gar- United States Code, are satisfied, the court shop scandal came to light last spring ment industry employers. Exploitation shall sentence the defendant to death. with respect to clothing made for Wal- of workers will not be tolerated. ‘‘(2) The maximum fine that otherwise may Mart stores. Sweatshops are unacceptable. We in- be imposed, but for this subsection, shall not be reduced by operation of this subsection.’’ In August 1995, Federal investigators tend to do all we can to stamp them raided a sewing factory outside Los An- SEC. 3. CONFORMING AMENDMENTS TO TITLE 18, out, and this legislation will help us UNITED STATES CODE. geles. In a compound surrounded by achieve that goal. (a) INCLUSION OF OFFENSE.—Section 3591(b) barbed wire, agents found dozens of of title 18, United States Code, is amended— Thai and Mexican immigrant women By Mr. AKAKA: (1) by striking ‘‘or’’ at the end of paragraph working 20-hour days for as little as $1 S. 2128. A bill to consolidate and re- (1); per hour. The women were held captive vise the authority of the Secretary of (2) by striking the comma at the end of at their sewing tables by guards who Agriculture relating to plant protec- paragraph (2) and inserting ‘‘; or’’ at the end threatened them if they tried to es- tion and quarantine, and for other pur- of paragraph (2); and poses; to the Committee on Agri- (3) by inserting after paragraph (2) the fol- cape. lowing: As these examples make clear, cur- culture, Nutrition, and Forestry. ‘‘(3) an offense described in section rent law is not adequate to prevent THE PLANT PROTECTION ACT 1010(e)(1) of the Controlled Substances Im- such abuses. The 800 investigators of ∑ Mr. AKAKA. Mr. President, today I port and Export Act;’’ the Department of Labor who monitor am introducing the Plant Protection (b) ADDITIONAL AGGRAVATING FACTOR.— compliance with wage and hour laws Act, a comprehensive consolidation of Section 3592(d) of title 18, United States cannot do the job alone. Manufacturers Federal laws governing plant pests, Code, is amended by inserting after para- noxious weeds, and the plant products graph (8) the following: have the economic muscle and market ‘‘(9) SECOND IMPORTATION OFFENSE.—The power to end these abuses. Instead, that harbor pests and weeds. offense consisted of a second or subsequent under the current system, the market Over the past century, numerous violation of section 1010(a) of the Controlled power works in the wrong direction—it Federal laws have been enacted to ad- Substances Import and Export Act con- encourages contractors to inflict dress problems caused by plant pests sisting of bringing a controlled substance sweatshop conditions on employees, and noxious weeds. While some of these into the United States.’’. rather than pay fair wages and main- laws are effective tools for protecting tain proper working conditions. agriculture and the environment from By Mr. KENNEDY: Many law-abiding manufacturers al- these threats, others are in conflict or S. 2127. A bill to amend the Fair ready recognize the need to stamp out create enforcement ambiguities. The Labor Standards Act of 1938 to provide sweatshops in the United States. But Nation’s agricultural community, as for legal accountability for sweatshop voluntary codes of conduct and moni- well as private, State and Federal land conditions in the garment industry, toring programs cannot eradicate the managers, cannot afford the continuing and for other purposes; to the Com- problem. K-Mart requires its garment uncertainty caused by Federal plant mittee on Labor and Human Resources. contractors to identify all subcontrac- pest laws, some of which were enacted THE STOP THE SWEATSHOPS ACT tors they employ and make regular and prior to World War I. Legislation to re- Mr. KENNEDY. Madam President, surprise inspections of manufacturing vise and consolidate Federal plant pest today I am introducing the Stop the operations. But this requirement did laws is urgently needed and long over- Sweatshops Act. This needed legisla- not prevent the fire code violations, due. tion attacks the exploitation of gar- wage violations, and other illegal prac- Agriculture Secretary Dan Glickman ment industry workers by unscrupu- tices of the contractors arrested in recently characterized the problems lous clothing manufacturers. By mak- Brooklyn this summer. created by hodgepodge of Federal plant ing clothing manufacturers liable for The most effective way to enlist protection laws when he Stated that sweatshop practices by contractors, manufacturers in the battle against ‘‘in some instances, it is unclear which the bill will require manufacturers to sweatshops is to make them liable statutes should be relied upon for au- exert their considerable economic along with their contractors for viola- thority. It is difficult to explain to the power to ensure fair treatment of gar- tions of the law. Manufacturers who public why some apparently similar ment workers. know they will face liability will take situations have to be treated dif- Sweatshops continue to plague the the steps necessary to ensure that ferently because different authorities garment industry. Of the 22,000 manu- their contractors comply with applica- are involved.’’ facturers of clothing and accessories in ble laws. A 1993 report issued by the Office of the United States, more than half are Our Stop the Sweatshops Act does Technology Assessment reached the paying wages substantially below the just that. It amends the Fair Labor same conclusion. The OTA found that minimum wage, and a third are expos- Standards Act to make manufacturers Federal and State statutes, regula- ing their workers to serious safety and in the garment industry liable with tions, and programs are not keeping health risks. contractors for violations of these pace with new and spreading alien Sweatshops run by unscrupulous con- laws. pests. tractors have a long and sordid history Manufacturers will be liable for in- The Plant Protection Act will cor- in this country. In 1911, a tragic fire at junctive relief and civil penalties as- rect many, but not all, of these prob- the Triangle Shirtwaist Co. on Manhat- sessed against a contractor found to lems. The bill I have introduced today tan’s Lower East Side killed 146 young have broken the law. They will also be will enhance the Federal Government’s immigrant women, who suffocated or liable for back pay owed to employees ability to combat plant pests and nox- burned to death because the exits had for such violations. Manufacturers will ious weeds, and protect our farms, en- been locked or blocked. be liable only for violations committed vironment, and economy from the Eighty-five years later, conditions on work done for that manufacturer. harm they cause. too often have not improved. In August The bill also authorizes the Sec- Plant pests are a problem of monu- 1996, four Brooklyn garment factories retary of Labor to assess a civil pen- mental proportions. Some of the most were closed and their owners arrested alty of up to $1,000 for each employee damaging insects include the Medi- for operating sweatshops. Among the in cases where contractors fail to keep terranean fruit fly, fire ant, and the fire code violations were locked exit required payroll records. If the records gipsy moth. Disease pathogens include doors, obstructed aisles, and violations are fraudulent, the Secretary can as- chestnut blight, which wiped out the of sprinkler system requirements. In sess penalties up to $10,000 for the first most common tree of our Appalachian addition, the contractors maintained offense and $15,000 for further offenses. forests, the elm blight, which de- two sets of accounting records, one These penalties will give employers an stroyed many splendid trees lining our showing that workers were being paid incentive to keep proper records, and city streets, and the white pine blister as little as $2.67 per hour—far less than will punish contractors who attempt to rust, which eliminated western white the minimum wage. The workers, all conceal their abuses by maintaining pine as a source of timber for several Asian immigrants, were making two sets of records. decades.

VerDate Aug 31 2005 00:20 Jul 01, 2008 Jkt 041999 PO 00000 Frm 00096 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S25SE6.REC S25SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 25, 1996 CONGRESSIONAL RECORD — SENATE S11307 Alien weeds also cause havoc, and no- from Brazil has inch long spikes cov- (4) the unregulated movement of plant where is this problem more apparent ering its stems and leaves. The only at- pests, noxious weeds, plants, biological con- than in Hawaii. Because our climate is tractive thing about this plant is its trol organisms, plant products, and articles so accommodating, Hawaii is heaven- small yellow and green fruit. capable of harboring plant pests or noxious weeds would present an unacceptable risk of on-earth for weeds. Alien plants such Tropical soda apple presents a par- introducing or spreading plant pests or nox- as gorse, ivy gourd, miconia, and ba- ticularly difficult control problem be- ious weeds; nana poka are ravaging our tropical cause the fruit is a favorite among cat- (5) the existence on any premises in the and subtropical forests. Earlier this tle. They consume the apples and then United States of a plant pest or noxious weed year, Hawaii’s environment passed an pass the seeds in their manure where new to or not known to be widely prevalent unfortunate milestone: for the first new weed infestations quickly sprout. in or distributed within and throughout the time, foreign introduced plants out- As cattle are shipped from State to United States could threaten crops, other number Hawaii’s diverse native species. State with soda apple seeds in their plants, plant products, and the natural re- sources and environment of the United Hawaii is not alone in facing this stomachs you can easily see how the States and burden interstate commerce or problem. In fact, no State or region is problem rapidly spreads. It’s a weed foreign commerce; and immune to this threat. control nightmare. (6) all plant pests, noxious weeds, plants, Invasive foreign weeds do more than The saga of tropical soda apple plant products, or articles capable of har- just compete with domestic species. prompted me to introduce S. 690, the boring plant pests or noxious weeds regu- They transform the landscape, change Federal Noxious Weed Improvement lated under this Act are in or affect inter- the rules by which native plants and Act in April 1995. S. 690 would grant the state commerce or foreign commerce. animals live, and undermine the eco- Secretary of Agriculture emergency SEC. 3. DEFINITIONS. nomic and environmental health of the powers to restrict the entry of a for- In this Act (unless the context otherwise areas they infest. eign weed until formal action can be requires): Alien weeds fuel grass and forest taken to place it on the noxious weed (1) ARTICLE.—The term ‘‘article’’ means any material or tangible object that could fires, promote soil erosion, and destroy list. This legislation would prevent fu- harbor a pest, disease, or noxious weed. critical water resources. They signifi- ture tropical soda apples from taking (2) BIOLOGICAL CONTROL ORGANISM.—The cantly increase the cost of farming and root. term ‘‘biological control organism’’ means a ranching. Noxious weeds destroy or I have incorporated the text of S. 690 biological entity, as defined by the Sec- alter natural habitat, damage water- into section 4 of the Plant Protection retary, that suppresses or decreases the pop- ways and power lines, and depress prop- Act. Other provisions of the legislation ulation of another biological entity. erty values. Some are toxic to humans, I have introduced today are drawn (3) ENTER.—The term ‘‘enter’’ means to livestock, and wildlife. from USDA recommendations for con- move into the commerce of the United States. Alien weeds are biological pollution, solidating weed and plant pest authori- (4) ENTRY.—The term ‘‘entry’’ means the pure and simple. The worldwide growth ties. act of movement into the commerce of the in trade and travel has caused an ex- Because the U.S. Department of Agri- United States. plosion in the number of foreign weeds culture’s authority over plant pests (5) EXPORT.—The term ‘‘export’’ means to that plague our Nation. and noxious weeds is dispersed move from the United States to any place Just how big is this problem? Let me throughout numerous statutes, Federal outside the United States. offer an example. Last year, on Federal efforts to protect agriculture, forestry, (6) EXPORTATION.—The term ‘‘exportation’’ lands alone, we lost 4,500 acres each and our environment are seriously hin- means the act of movement from the United day to noxious weeds. That’s a million- dered. To enable the Department to re- States to any place outside the United States. and-a-half acres a year, or an area the spond more efficiently to this chal- (7) IMPORT.—The term ‘‘import’’ means to size of Delaware. By comparison, forest lenge, I have introduced legislation to move into the territorial limits of the United fires—one of the most fearsome natural consolidate these authorities into a States. disasters—claimed only half as many single statute. The text of this measure (8) IMPORTATION.—The term ‘‘importation’’ Federal acres as weeds. is drawn from draft recommendations means the act of movement into the terri- Noxious foreign weeds have been prepared by USDA, although I have torial limits of the United States. called a biological wildfire, and for made some significant changes, par- (9) INDIGENOUS.—The term ‘‘indigenous’’ good reason. Forests, national parks, ticularly in the provisions relating to means a plant species found naturally as part of a natural habitat in a geographic recreation areas, urban landscapes, wil- weeds. area in the United States. derness, grasslands, waterways, farm Mr. President, I ask unanimous con- (10) INTERSTATE.—The term ‘‘interstate’’ and range land across the Nation are sent that the text of the bill be printed means from 1 State into or through any overrun by noxious weeds. in the RECORD. other State, or within the District of Colum- The greatest economic impact of this There being no objection, the bill was bia, Guam, the Virgin Islands of the United problem is felt by farmers. The Office ordered to be printed in the RECORD, as States, or any other territory or possession of Technology Assessment estimates follows: of the United States. (11) INTERSTATE COMMERCE.—The term that exotic weeds cost U.S. farmers $3.6 S. 2128 to $5.4 billion annually due to reduced ‘‘interstate commerce’’ means trade, traffic, Be it enacted by the Senate and House of Rep- movement, or other commerce— yields, crops of poor quality, increased resentatives of the United States of America in (A) between a place in a State and a point herbicide use, and other weed control Congress assembled, in another State; costs. Noxious weeds are a significant SECTION 1. SHORT TITLE. (B) between points within the same State drain on farm productivity. This Act may be cited as the ‘‘Plant Pro- but through any place outside the State; or Despite the magnitude of this prob- tection Act’’. (C) within the District of Columbia, Guam, lem, few people get alarmed about SEC. 2. FINDINGS. the Virgin Islands of the United States, or weeds. The issue certainly doesn’t ap- Congress finds that— any other territory or possession of the pear on the cover of Time or News- (1) the detection, control, eradication, sup- United States. pression, prevention, and retardation of the (12) MEANS OF CONVEYANCE.—The term week. Perhaps if kudzu, a weed known spread of plant pests and noxious weeds is ‘‘means of conveyance’’ means any personal as the ‘‘vine that ate the South,’’ at- necessary for the protection of the agri- property or means used for or intended for tacked the Capitol dome, weeds would culture, environment, and economy of the use for the movement of any other personal finally get the attention they deserve. United States; property. Several of these foreign weeds are (2) biological control— (13) MOVE.—The term ‘‘move’’ means to— truly the ‘‘King Kong of plants.’’ Some (A) is often a desirable, low-risk means of (A) carry, enter, import, mail, ship, or are 50 feet tall. Others have 4 inch ridding crops and other plants of plant pests transport; thorns. Some have roots 25 feet deep, and noxious weeds; and (B) aid, abet, cause, or induce the carrying, (B) should be facilitated by the Secretary entering, importing, mailing, shipping, or and others produce 20 million seeds of Agriculture, Federal agencies, and States, transporting; each year. whenever feasible; (C) offer to carry, enter, import, mail, ship, My least-favorite weed is the tropical (3) markets could be severely impacted by or transport; soda apple, a thorny plant with a the introduction or spread of pests or nox- (D) receive to carry, enter, import, mail, sweet-sounding name. This import ious weeds into or within the United States; ship, or transport; or

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(E) allow any of the activities referred to (3) POSTAL LAWS AND REGULATIONS.—Noth- Act of March 4, 1915 (commonly known as this paragraph. ing in this subsection authorizes a person to the ‘‘Terminal Inspection Act’’) (38 Stat. (14) NOXIOUS WEED.—The term ‘‘noxious open a mailed letter or other mailed sealed 1113, chapter 144; 7 U.S.C. 166) is amended— weed’’ means a plant, seed, reproductive matter except in accordance with the postal (A) in the second paragraph— part, or propagative part of a plant that— laws and regulations. (i) by striking ‘‘plants and plant products’’ (A) can directly or indirectly injure or (c) STATE RESTRICTIONS ON NOXIOUS each place it appears and inserting ‘‘plants, cause damage to a crop, other useful plant, WEEDS.—No person shall move into a State, plant products, animals, and other orga- plant product, livestock, poultry, or other or sell or offer for sale in the State, a plant nisms’’; interest of agriculture (including irrigation), species the sale of which is prohibited by the (ii) by striking ‘‘plants or plant products’’ navigation, public health, or natural re- State because the plant species is designated each place it appears and inserting ‘‘plants, sources or environment of the United States; as a noxious weed or has a similar designa- plant products, animals, or other orga- and tion. nisms’’; (B) belongs to a species that is not indige- (d) ADMINISTRATION.—The Secretary may (iii) by striking ‘‘plant-quarantine law or nous to the geographic area or ecosystem in issue regulations to carry out this section, plant-quarantine regulation’’ each place it including regulations requiring that a plant, which it is causing injury or damage. appears and inserting ‘‘plant-quarantine or plant product, biological control organism, (15) PERMIT.—The term ‘‘permit’’ means a other law or plant-quarantine regulation’’; plant pest, noxious weed, article, or means of written or oral authorization (including elec- (iv) in the second sentence— conveyance imported, entered, to be ex- tronic authorization) by the Secretary to (I) by striking ‘‘Upon his approval of said ported, or moved in interstate commerce— move a plant, plant product, biological con- list, in whole or in part, the Secretary of Ag- (1) be accompanied by a permit issued by trol organism, plant pest, noxious weed, or riculture’’ and inserting ‘‘On the receipt of the Secretary prior to the importation, article under conditions prescribed by the the list by the Secretary of Agriculture, the entry, exportation, or movement in inter- Secretary. Secretary’’; and state commerce; (16) PERSON.—The term ‘‘person’’ means an (II) by striking ‘‘said approved lists’’ and (2) be accompanied by a certificate of in- individual, partnership, corporation, associa- inserting ‘‘the lists’’; spection issued in a manner and form re- tion, joint venture, or other legal entity. (v) by inserting after the second sentence quired by the Secretary or by an appropriate (17) PLANT.—The term ‘‘plant’’ means a the following: ‘‘On the request of a rep- official of the country or State from which plant or plant part for or capable of propaga- resentative of a State, a Federal agency the plant, plant product, biological control tion, including a tree, shrub, vine, bulb, root, shall act on behalf of the State to obtain a organism, plant pest, noxious weed, article, pollen, seed, tissue culture, plantlet culture, warrant to inspect mail to carry out this or means of conveyance is to be moved; cutting, graft, scion, and bud. paragraph.’’; and (3) be subject to remedial measures the (vi) in the last sentence, by striking ‘‘be (18) PLANT PEST.—The term ‘‘plant pest’’ Secretary determines to be necessary to pre- means— forward’’ and inserting ‘‘be forwarded’’; and vent the spread of plant pests; and (A) a living stage of a protozoan, animal, (B) in the third paragraph, by striking (4) in the case of a plant or biological con- bacteria, fungus, virus, viroid, infection ‘‘plant or plant product’’ and inserting trol organism, be grown or handled under agent, or parasitic plant that can directly or ‘‘plant, plant product, animal, or other orga- post-entry quarantine conditions by or under indirectly injure or cause damage to, or nism’’. the supervision of the Secretary for the pur- cause disease in, a plant or plant product; or SEC. 5. NOTIFICATION OF ARRIVAL AND INSPEC- pose of determining whether the plant or bi- TION BEFORE MOVEMENT OF (B) an article that is similar to or allied ological control organism may be infested PLANTS, PLANT PRODUCTS, BIO- with an article referred to in subparagraph with a plant pest or noxious weed, or may be LOGICAL CONTROL ORGANISMS, (A). a plant pest or noxious weed. PLANT PESTS, NOXIOUS WEEDS, AR- TICLES, AND MEANS OF CONVEY- (19) PLANT PRODUCT.—The term ‘‘plant (e) LIST OF RESTRICTED NOXIOUS WEEDS.— ANCE. product’’ means a flower, fruit, vegetable, (1) PUBLICATION.—The Secretary may pub- (a) NOTIFICATION AND HOLDING BY SEC- root, bulb, seed, or other plant part that is lish, by regulation, a list of noxious weeds RETARY OF THE TREASURY.— not considered a plant or a manufactured or that are prohibited or restricted from enter- (1) IN GENERAL.—Except as provided in processed plant or plant part. ing the United States or that are subject to (20) SECRETARY.—The term ‘‘Secretary’’ paragraph (2), the Secretary of the Treasury restrictions on interstate movement within shall— means the Secretary of Agriculture. the United States. (21) STATE.—The term ‘‘State’’ means each (A) promptly notify the Secretary of the (2) PETITIONS TO ADD OR REMOVE PLANT SPE- arrival of a plant, plant product, biological of the several States of the United States, CIES.— the District of Columbia, the Commonwealth control organism, plant pest, noxious weed, (A) IN GENERAL.—A person may petition article, or means of conveyance at a port of of Puerto Rico, the Virgin Islands, Guam, the Secretary to add or remove a plant spe- American Samoa, the Commonwealth of the entry; and cies from the list required under paragraph (B) hold the plant, plant product, biologi- Northern Mariana Islands, and any other ter- (1). ritory or possession of the United States. cal control organism, plant pest, noxious (B) ACTION ON PETITION.—The Secretary weed, article, or means of conveyance until (22) UNITED STATES.—The term ‘‘United shall— States’’, when used in a geographical sense, inspected and authorized for entry into or (i) act on a petition not later than 1 year transit movement through the United means all of the States. after receipt of the petition by the Sec- SEC. 4. RESTRICTIONS ON MOVEMENT OF States, or otherwise released by the Sec- retary; and retary. PLANTS, PLANT PRODUCTS, BIO- (ii) notify the petitioner of the final action LOGICAL CONTROL ORGANISMS, (2) APPLICATION.—Paragraph (1) shall not PLANT PESTS, NOXIOUS WEEDS, AR- the Secretary takes on the petition. apply to a plant, plant product, biological TICLES, AND MEANS OF CONVEY- (C) BASIS FOR DETERMINATION.—The Sec- control organism, plant pest, noxious weed, ANCE. retary’s determination on the petition shall article, or means of conveyance that is im- (a) IN GENERAL.—The Secretary may pro- be based on sound science, available data and ported from a country or region of countries hibit or restrict the importation, entry, ex- technology, and information received from that the Secretary designates as exempt portation, or movement in interstate com- public comment. from paragraph (1), pursuant to such regula- merce of a plant, plant product, biological (D) INCLUSION ON LIST.—To include a plant tions as the Secretary may issue. control organism, plant pest, noxious weed, species on the list, the Secretary must deter- (b) NOTIFICATION BY RESPONSIBLE PER- article, or means of conveyance if the Sec- mine that— SON.—The person responsible for a plant, retary determines that the prohibition or re- (i) the plant species is nonindigenous to plant product, biological control organism, striction is necessary to prevent the intro- the geographic region or ecosystem in which plant pest, noxious weed, article, or means of duction into the United States or the inter- the species is spreading and causing injury; conveyance subject to subsection (a) shall state dissemination of a plant pest or nox- and promptly, on arrival at the port of entry and ious weed. (ii) the dissemination of the plant in the before the plant, plant product, biological (b) MAIL.— United States may reasonably be expected to control organism, plant pest, noxious weed, (1) IN GENERAL.—No person shall convey in interfere with natural resources, agriculture, article, or means of conveyance is moved the mail, or deliver from a post office or by forestry, or a native ecosystem of a geo- from the port of entry, notify the Secretary a mail carrier, a letter or package con- graphic region, or management of an eco- or, at the Secretary’s direction, the proper taining a plant pest, biological control orga- system, or cause injury to the public health. official of the State to which the plant, plant nism, or noxious weed unless it is mailed in (f) CONFORMING AMENDMENTS.— product, biological control organism, plant accordance with such regulations as the Sec- (1) Section 102 of the Act of September 21, pest, noxious weed, article, or means of con- retary may issue to prevent the introduction 1944 (58 Stat. 735, chapter 412; 7 U.S.C. 147a) veyance is destined, or both, as the Sec- into the United States, or interstate dissemi- is amended by striking ‘‘(a)’’ in subsection retary may prescribe, of— nation, of plant pests or noxious weeds. (a) and all that follows through ‘‘(2)’’ in sub- (1) the name and address of the consignee; (2) POSTAL EMPLOYEES.—This subsection section (f)(2). (2) the nature and quantity of the plant, shall not apply to an employee of the United (2) The matter under the heading ‘‘EN- plant product, biological control organism, States in the performance of the duties of FORCEMENT OF THE PLANT-QUARANTINE ACT:’’ plant pest, noxious weed, article, or means of the employee in handling the mail. under the heading ‘‘MISCELLANEOUS’’ of the conveyance proposed to be moved; and

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(3) the country and locality where the classification system to describe the status (2) REQUIREMENTS FOR ACTION.— plant, plant product, biological control orga- and action levels for noxious weeds. (A) INADEQUATE STATE MEASURES.—After nism, plant pest, noxious weed, article, or (B) CATEGORIES.—The classification system review and consultation with the Governor means of conveyance was grown, produced, shall differentiate between— or other appropriate official of the State, the or located. (i) noxious weeds that are not known to be Secretary may take action under this sub- (c) NO MOVEMENT WITHOUT INSPECTION AND introduced into the United States; section only on a finding that the measures AUTHORIZATION.—No person shall move from (ii) noxious weeds that are not known to be being taken by the State are inadequate to the port of entry or interstate an imported widely disseminated within the United eradicate the plant pest or noxious weed. plant, plant product, biological control orga- States; (B) NOTICE TO STATE AND PUBLIC.—Before nism, plant pest, noxious weed, article, or (iii) noxious weeds that are widely distrib- taking any action in a State under this sub- means of conveyance unless the imported uted within the United States; and section, the Secretary shall— plant, plant product, biological control orga- (iv) noxious weeds that are not indigenous, (i) notify the Governor or another appro- nism, plant pest, noxious weed, article, or including native plant species that are priate official of the State; means of conveyance has been inspected and invasive in limited geographic areas within (ii) issue a public announcement; and authorized for entry into or transit move- the United States. (iii) except as provided in subparagraph ment through the United States, or other- (C) OTHER CATEGORIES.—In addition to the (C), publish in the Federal Register a state- wise released by the Secretary. categories required under subparagraph (B), ment of— the Secretary may establish other categories (I) the Secretary’s findings; SEC. 6. REMEDIAL MEASURES OR DISPOSAL FOR of noxious weeds for the system. (II) the action the Secretary intends to PLANT PESTS OR NOXIOUS WEEDS; EXTRAORDINARY EMERGENCY. (D) VARYING LEVELS OF REGULATION AND take; CONTROL.—The Secretary shall develop vary- (III) the reason for the intended action; (a) REMEDIAL MEASURES OR DISPOSAL FOR ing levels of regulation and control appro- and PLANT PESTS OR NOXIOUS WEEDS.— priate to each of the categories of the sys- (IV) if practicable, an estimate of the an- (1) IN GENERAL.—Except as provided in sub- tem. ticipated duration of the extraordinary section (c), if the Secretary considers it nec- (E) APPLICATION OF REGULATIONS.—The reg- emergency. essary to prevent the dissemination of a ulations issued to carry out this paragraph (C) NOTICE AFTER ACTION.—If it is not pos- plant pest or noxious weed new to or not shall apply, as the Secretary considers ap- sible to publish a statement in the Federal known to be widely prevalent or distributed propriate, to— Register under subparagraph (B) prior to within and throughout the United States, (i) exclude a noxious weed; taking an action under this subsection, the the Secretary may hold, seize, quarantine, (ii) prevent further dissemination of a nox- Secretary shall publish the statement in the treat, apply other remedial measures to, de- ious weed through movement or commerce; Federal Register within a reasonable period stroy, or otherwise dispose of— (iii) establish mandatory controls for a of time, not to exceed 10 business days, after (A) a plant, plant product, biological con- noxious weed; or commencement of the action. trol organism, plant pest, noxious weed, arti- (iv) designate a noxious weed as war- (3) COMPENSATION.— cle, or means of conveyance that is moving ranting control efforts. (A) IN GENERAL.—The Secretary may pay into or through the United States or inter- (F) REVISIONS.—The Secretary shall revise compensation to a person for economic state and that the Secretary has reason to the classification system, and the placement losses incurred by the person as a result of believe is infested with the plant pest or nox- of individual noxious weeds within the sys- action taken by the Secretary under para- ious weed; tem, in response to changing circumstances. graph (1). (B) a plant, plant product, biological con- (G) INTEGRATED MANAGEMENT PLANS.—In (B) FINAL DETERMINATION.—The determina- trol organism, plant pest, noxious weed, arti- conjunction with the classification system, tion by the Secretary of the amount of any cle, or means of conveyance that has moved the Secretary may develop an integrated compensation paid under this subsection into the United States or interstate and that management plan for a noxious weed for the shall be final and shall not be subject to judi- the Secretary has reason to believe was in- geographic region or ecological range of the cial review. fested with the plant pest or noxious weed at United States where the noxious weed is (c) LEAST DRASTIC ACTION TO PREVENT DIS- the time of the movement; found or to which the noxious weed may SEMINATION.—No plant, plant product, bio- (C) a plant, plant product, biological con- spread. logical control organism, article, or means trol organism, plant pest, noxious weed, arti- (b) EXTRAORDINARY EMERGENCIES.— of conveyance shall be destroyed, exported, cle, or means of conveyance that is moving (1) IN GENERAL.—Subject to paragraph (2), or returned to the shipping point of origin, into or through the United States or inter- if the Secretary determines that an extraor- or ordered to be destroyed, exported, or re- state, or has moved into the United States or dinary emergency exists because of the pres- turned to the shipping point of origin under interstate, in violation of this Act; ence of a plant pest or noxious weed new to this section unless, in the opinion of the Sec- (D) a plant, plant product, biological con- or not known to be widely prevalent in or retary, there is no less drastic action that is trol organism, plant pest, noxious weed, arti- distributed within and throughout the feasible, and that would be adequate, to pre- cle, or means of conveyance that has not United States and that the presence of the vent the dissemination of a plant pest or been maintained in compliance with a post- plant pest or noxious weed threatens a crop, noxious weed new to or not known to be entry quarantine requirement; other plant, plant product, or the natural re- widely prevalent or distributed within and (E) a progeny of a plant, plant product, bi- sources or environment of the United States, throughout the United States. ological control organism, plant pest, or nox- the Secretary may— (d) COMPENSATION OF OWNER FOR UNAU- ious weed that is moving into or through the (A) hold, seize, quarantine, treat, apply THORIZED DISPOSAL.— United States or interstate, or has moved other remedial measures to, destroy, or oth- (1) IN GENERAL.—The owner of a plant, into the United States or interstate, in vio- erwise dispose of, a plant, plant product, bio- plant product, biological control organism, lation of this Act; or logical control organism, plant pest, noxious article, or means of conveyance destroyed or (F) a plant, plant product, biological con- weed, article, or means of conveyance that otherwise disposed of by the Secretary under trol organism, plant pest, noxious weed, arti- the Secretary has reason to believe is in- this section may bring an action against the cle, or means of conveyance that is infested fested with the plant pest or noxious weed; United States in the United States District with a plant pest or noxious weed that the (B) quarantine, treat, or apply other reme- Court of the District of Columbia, not later Secretary has reason to believe was moved dial measures to a premises, including a than 1 year after the destruction or disposal, into the United States or in interstate com- plant, plant product, biological control orga- and recover just compensation for the de- merce. nism, article, or means of conveyance on the struction or disposal of the plant, plant prod- (2) ORDERING TREATMENT OR DISPOSAL BY premises, that the Secretary has reason to uct, biological control organism, article, or THE OWNER.—Except as provided in sub- believe is infested with the plant pest or nox- means of conveyance (not including com- section (c), the Secretary may order the ious weed; pensation for loss due to delays incident to owner of a plant, plant product, biological (C) quarantine a State or portion of a determining eligibility for importation, control organism, plant pest, noxious weed, State in which the Secretary finds the plant entry, exportation, movement in interstate article, or means of conveyance subject to pest or noxious weed, or a plant, plant prod- commerce, or release into the environment) disposal under paragraph (1), or the owner’s uct, biological control organism, article, or if the owner establishes that the destruction agent, to treat, apply other remedial meas- means of conveyance that the Secretary has or disposal was not authorized under this ures to, destroy, or otherwise dispose of the reason to believe is infested with the plant Act. plant, plant product, biological control orga- pest or noxious weed; or (2) SOURCE FOR PAYMENTS.—A judgment nism, plant pest, noxious weed, article, or (D) prohibit or restrict the movement rendered in favor of the owner shall be paid means of conveyance, without cost to the within a State of a plant, plant product, bio- out of the money in the Treasury appro- Federal Government and in a manner the logical control organism, article, or means priated for plant pest control activities of Secretary considers appropriate. of conveyance if the Secretary determines the Department of Agriculture. (3) CLASSIFICATION SYSTEM FOR NOXIOUS that the prohibition or restriction is nec- SEC. 7. INSPECTIONS, SEIZURES, AND WARRANTS. WEEDS.— essary to prevent the dissemination of the (a) IN GENERAL.—Consistent with guide- (A) IN GENERAL.—To facilitate control of plant pest or noxious weed or to eradicate lines approved by the Attorney General, the noxious weeds, the Secretary shall develop a the plant pest or noxious weed. Secretary may—

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ADMINISTRATION. other document provided under this Act person or means of conveyance moving into (a) IN GENERAL.—The Secretary may ac- may, after notice and opportunity for a hear- the United States to determine whether the quire and maintain such real or personal ing on the record, be assessed a civil penalty person or means of conveyance is carrying a property, employ such persons, make such by the Secretary of not more than $25,000 for plant, plant product, biological control orga- grants, and enter into such contracts, coop- each violation. nism, or article regulated under this Act or erative agreements, memoranda of under- (2) FINAL ORDER.—The order of the Sec- is moving subject to this Act; standing, or other agreements as are nec- retary assessing a civil penalty shall be (2) stop and inspect, without a warrant, a essary to carry out this Act. treated as a final order that is reviewable person or means of conveyance moving in (b) PERSONNEL OF USER FEE SERVICES.— under chapter 158 of title 28, United States interstate commerce on probable cause to Notwithstanding any other law, the Sec- Code. believe that the person or means of convey- retary shall provide adequate personnel for (3) VALIDITY OF ORDER.—The validity of an ance is carrying a plant, plant product, bio- services provided under this Act that are order of the Secretary may not be reviewed logical control organism, or article regu- funded by user fees. in an action to collect the civil penalty. lated under this Act or is moving subject to (c) TORT CLAIMS.— (4) INTEREST.—A civil penalty not paid in this Act; (1) IN GENERAL.—The Secretary may pay a full when due under an order assessing the (3) stop and inspect, without a warrant, a tort claim (in the manner authorized in the civil penalty shall (after the due date) accrue person or means of conveyance moving in first paragraph of section 2672 of title 28, interest until paid at the rate of interest ap- interstate commerce from or within a State, United States Code) if the claim arises out- plicable to a civil judgment of a court of the portion of a State, or premises quarantined side the United States in connection with an United States. under section 6(b) on probable cause to be- activity authorized under this Act. (c) PECUNIARY GAINS OR LOSSES.—If a per- lieve that the person or means of conveyance (2) TIME LIMITATION.—A claim may not be son derives pecuniary gain from an offense is carrying any plant, plant product, biologi- allowed under paragraph (1) unless the claim described in subsection (a) or (b), or if the of- cal control organism, or article regulated is presented in writing to the Secretary not fense results in pecuniary loss to a person under this Act or is moving subject to this later than 2 years after the claim accrues. other than the defendant, the defendant may Act; and SEC. 11. REIMBURSABLE AGREEMENTS. be fined not more than an amount that is the greater of twice the gross gain or twice the (4) enter, with a warrant, a premises in the (a) PRECLEARANCE.— gross loss, unless imposition of a fine under United States for the purpose of making in- (1) IN GENERAL.—The Secretary may enter spections and seizures under this Act. into a reimbursable fee agreement with a this subsection would unduly complicate or prolong the imposition of a fine or sentence (b) WARRANTS.— person for preclearance (at a location out- under subsection (a) or (b). (1) IN GENERAL.—A United States judge, a side the United States) of plants, plant prod- judge of a court of record in the United (d) AGENTS.—For purposes of this Act, the ucts, and articles for movement into the act, omission, or failure of an officer, agent, States, or a United States magistrate judge United States. or person acting for or employed by any may, within the judge’s or magistrate’s ju- (2) ACCOUNT.—All funds collected under other person within the scope of the employ- risdiction, on proper oath or affirmation this subsection shall be credited to an ac- ment or office of the other person shall be showing probable cause to believe that there count that may be established by the Sec- considered also to be the act, omission, or is on certain premises a plant, plant product, retary and remain available until expended failure of the other person. biological control organism, article, facility, without fiscal year limitation. (e) CIVIL PENALTIES OR NOTICE IN LIEU OF or means of conveyance regulated under this (b) OVERTIME.— PROSECUTION.—The Secretary shall coordi- Act, issue a warrant for entry on the prem- (1) IN GENERAL.—Notwithstanding any nate with the Attorney General to establish ises to make an inspection or seizure under other law, the Secretary may pay an em- guidelines to determine under what cir- this Act. ployee of the Department of Agriculture per- cumstances the Secretary may issue a civil (2) EXECUTION.—The warrant may be exe- forming services under this Act relating to penalty or suitable notice of warning in lieu cuted by the Secretary or a United States imports into and exports from the United of prosecution by the Attorney General of a Marshal. States, for all overtime, night, or holiday violation of this Act. SEC. 8. COOPERATION. work performed by the employee, at a rate of SEC. 13. ENFORCEMENT. (a) IN GENERAL.—To carry out this Act, the pay determined by the Secretary. (a) INVESTIGATIONS, EVIDENCE, AND SUB- Secretary may cooperate with— (2) REIMBURSEMENT OF SECRETARY.—The POENAS.— (1) other Federal agencies; Secretary may require a person for whom (1) INVESTIGATIONS.—The Secretary may (2) States or political subdivisions of the services are performed to reimburse the gather and compile information and conduct States; Secretary for any funds paid by the Sec- any investigations the Secretary considers (3) national, State, or local associations; retary for the services. necessary for the administration and en- (4) national governments; (3) ACCOUNT.—All funds collected under forcement of this Act. (5) local governments of other nations; this subsection shall be credited to the ac- (2) EVIDENCE.—The Secretary shall at all (6) international organizations; count that incurs the costs and remain avail- reasonable times have the right to examine (7) international associations; and able until expended without fiscal year limi- and copy any documentary evidence of a per- (8) other persons. tation. son being investigated or proceeded against. (b) RESPONSIBILITY.—The individual or en- (c) LATE PAYMENT PENALTY AND INTER- (3) SUBPOENAS.— tity cooperating with the Secretary shall be EST.— (A) IN GENERAL.—The Secretary shall have responsible for conducting the operations or (1) PENALTY.—On failure of a person to re- power to require by subpoena the attendance taking measures on all land and property imburse the Secretary in accordance with and testimony of any witness and the pro- within the foreign country or State, other this section, the Secretary may assess a late duction of all documentary evidence relating than land and property owned or controlled payment penalty against the person. to the administration or enforcement of this by the United States, and for other facilities (2) INTEREST.—Overdue funds due the Sec- Act or any matter under investigation in and means determined by the Secretary. retary under this section shall accrue inter- connection with this Act. (c) TRANSFER OF BIOLOGICAL CONTROL est in accordance with section 3717 of title (B) LOCATION.—The attendance of a witness METHODS.—At the request of a Federal or 31, United States Code. and production of documentary evidence State land management agency, the Sec- (3) ACCOUNT.—A late payment penalty and may be required from any place in the retary may transfer to the agency biological accrued interest shall be credited to the ac- United States at any designated place of control methods utilizing biological control count that incurs the costs and shall remain hearing. organisms against plant pests or noxious available until expended without fiscal year (C) NONCOMPLIANCE WITH SUBPOENA.—If a weeds. limitation. person disobeys a subpoena, the Secretary (d) IMPROVEMENT OF PLANTS, PLANT PROD- SEC. 12. VIOLATIONS; PENALTIES. may request the Attorney General to invoke UCTS, AND BIOLOGICAL CONTROL ORGANISMS.— (a) CRIMINAL PENALTIES.—A person who the aid of a court of the United States within The Secretary may cooperate with State au- knowingly violates this Act, or who know- the jurisdiction in which the investigation is thorities in the administration of regula- ingly forges, counterfeits, or, without au- conducted, or where the person resides, is tions for the improvement of plants, plant thority from the Secretary, uses, alters, de- found, transacts business, is licensed to do products, and biological control organisms. faces, or destroys a certificate, permit, or business, or is incorporated to require the at- SEC. 9. PHYTOSANITARY CERTIFICATE FOR EX- other document provided under this Act tendance and testimony of a witness and the PORTS. shall be guilty of a misdemeanor, and, on production of documentary evidence. The Secretary may certify a plant, plant conviction, shall be fined in accordance with (D) ORDER.—If a person disobeys a sub- product, or biological control organism as title 18, United States Code, or imprisoned poena, the court may order the person to ap- free from plant pests and noxious weeds, and for not more than 1 year, or both. pear before the Secretary and give evidence exposure to plant pests and noxious weeds, (b) CIVIL PENALTIES.— concerning the matter in question or to according to the phytosanitary requirements (1) IN GENERAL.—A person who violates this produce documentary evidence. of the country to which the plant, plant Act, or who forges, counterfeits, or, without (E) NONCOMPLIANCE WITH ORDER.—A failure product, or biological control organism may authority from the Secretary, uses, alters, to obey the court’s order may be punished by be exported. defaces, or destroys a certificate, permit, or the court as a contempt of the court.

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(F) FEES AND MILEAGE.— (3) holding, seizure of, quarantine of, treat- (4) The Act of January 31, 1942 (56 Stat. 40, (i) IN GENERAL.—A witness summoned by ment of, application of remedial measures chapter 31; 7 U.S.C. 149). the Secretary shall be paid the same fees and to, destruction of, or disposal of plants, plant (5) The Golden Nematode Act (7 U.S.C. 150 reimbursement for mileage that is paid to a products, biological control organisms, plant et seq.). witness in the courts of the United States. pests, noxious weeds, articles, premises, or (6) The Federal Plant Pest Act (7 U.S.C. (ii) DEPOSITIONS.—A witness whose deposi- means of conveyance; 150aa et seq.). tion is taken, and the person taking the dep- (4) in the case of an extraordinary emer- (7) The Act of August 20, 1912 (commonly osition, shall be entitled to the same fees gency, prohibition or restriction on the known as the ‘‘Plant Quarantine Act’’) (37 that are paid for similar services in a court movement of plants, plant products, biologi- Stat. 315, chapter 308; 7 U.S.C. 151 et seq.). of the United States. cal control organisms, plant pests, noxious (8) The Halogeton Glomeratus Control Act (b) ATTORNEY GENERAL.—The Attorney weeds, articles, or means of conveyance; (7 U.S.C. 1651 et seq.). General may— (5) payment of compensation; (9) The Act of August 28, 1950 (64 Stat. 561, (1) prosecute, in the name of the United (6) cooperation with other Federal agen- chapter 815; 7 U.S.C. 2260). States, a criminal violation of this Act that cies, States, political subdivisions of States, (10) The Federal Noxious Weed Act of 1974 is referred to the Attorney General by the national governments, local governments of (7 U.S.C. 2801 et seq.), other than the first Secretary or is brought to the notice of the other countries, international organizations, section of the Act (Public Law 93–629; 7 Attorney General by a person; international associations, and other per- U.S.C. 2801 note) and section 15 of the Act (7 (2) bring an action to enjoin the violation sons, entities, and individuals; U.S.C. 2814). of or to compel compliance with this Act, or (7) transfer of biological control methods to enjoin any interference by a person with for plant pests or noxious weeds; the Secretary in carrying out this Act, if the (8) negotiation and execution of agree- By Mr. INHOFE: Secretary has reason to believe that the per- ments; S. 2129. A bill to provide for the im- son has violated or is about to violate this (9) acquisition and maintenance of real and mediate application of certain orders personal property; Act, or has interfered, or is about to inter- relating to the amendment, modifica- fere, with the Secretary; and (10) issuance of letters of warning; (3) bring an action for the recovery of any (11) compilation of information; tion, suspension, or revocation of cer- unpaid civil penalty, funds under a reimburs- (12) conduct of investigations; tificates under chapter 447 of title 49, able agreement, late payment penalty, or in- (13) transfer of funds for emergencies; United States Code; to the Committee terest assessed under this Act. (14) approval of facilities and means of con- on Commerce, Science, and Transpor- (c) JURISDICTION.— veyance; tation. (1) IN GENERAL.—Except as provided in sec- (15) denial of approval of facilities and FAA EMERGENCY REVOCATION POWERS tion 12(b), a United States district court, the means of conveyance; District Court of Guam, the District Court of (16) suspension and revocation of approval Mr. INHOFE. For several months the Virgin Islands, the highest court of of facilities and means of conveyance; now, I have been working with rep- American Samoa, and the United States (17) inspection, testing, and certification; resentatives of the aviation commu- courts of other territories and possessions (18) cleaning and disinfection; nity, with which I have been a part for shall have jurisdiction over all cases arising (19) designation of ports of entry; just under 40 years, on legislation under this Act. (20) imposition and collection of fees, pen- which will address the problem with (2) VENUE.—Except as provided in sub- alties, and interest; (21) recordkeeping, marking, and identi- the Federal Aviation Administration’s section (b), an action arising under this Act use of their emergency revocation pow- may be brought, and process may be served, fication; in the judicial district where a violation or (22) issuance of permits and phytosanitary ers. In a revocation action, brought on interference occurred or is about to occur, or certificates; an emergency basis, the airman or where the person charged with the violation, (23) establishment of quarantines, post-im- other certificate holder loses the use of interference, impending violation, impending portation conditions, and post-entry quar- the certificate immediately without interference, or failure to pay resides, is antine conditions; any intermediary review or by any found, transacts business, is licensed to do (24) establishment of conditions for transit kind of an impartial party. The result business, or is incorporated. movement through the United States; and (25) treatment of land for the prevention, is that the airman is grounded. In most (3) SUBPOENAS.—A subpoena for a witness cases, that is an airman who worked to attend court in a judicial district or to suppression, or control of plant pests or nox- testify or produce evidence at an administra- ious weeds. for some airline, and that is his or her tive hearing in a judicial district in an ac- SEC. 16. AUTHORIZATION OF APPROPRIATIONS; only method of making a living. tion or proceeding arising under this Act TRANSFERS. Simply put, I believe the FAA un- may apply to any other judicial district. (a) AUTHORIZATION OF APPROPRIATIONS.— fairly uses this emergency power to (1) IN GENERAL.—There are authorized to be SEC. 14. PREEMPTION. prematurely revoke certificates when appropriated such sums as are necessary to (a) IN GENERAL.—Except as provided in the circumstances do not support such subsection (b), no State or political subdivi- carry out this Act. (2) INDEMNITIES.—Except as specifically au- drastic action. A more reasonable ap- sion of a State may regulate any article, proach where safety is not an issue means of conveyance, plant, biological con- thorized by law, no part of the money made trol organism, plant pest, noxious weed, or available under paragraph (1) shall be used to would be to adjudicate the revocation plant product in foreign commerce to con- pay an indemnity for property injured or de- on a nonemergency basis, allowing the trol a plant pest or noxious weed, eradicate stroyed by or at the direction of the Sec- certificate holder continued use of his a plant pest or noxious weed, or prevent the retary. certificate. introduction or dissemination of a biological (b) TRANSFERS.— Do not misunderstand: In no way do control organism, plant pest, or noxious (1) IN GENERAL.—In connection with an emergency in which a plant pest or noxious I want to suggest that the FAA should weed. not have emergency revocation powers. (b) STATE NOXIOUS WEED LAWS.—This Act weeds threatens any segment of the agricul- shall not invalidate the law of any State or tural production of the United States, the I believe it is critical to safety that the political subdivision of a State relating to Secretary may transfer (from other appro- FAA have the ability to ground unsafe noxious weeds, except that a State or polit- priations or funds available to an agency or airmen. However, I also believe that ical subdivision of a State may not permit corporation of the Department of Agri- the FAA must be judicious in its use of any action that is prohibited under this Act. culture) such funds as the Secretary con- the extraordinary power. A review of SEC. 15. REGULATIONS AND ORDERS. siders necessary for the arrest, control, recent emergency cases clearly dem- eradication, and prevention of the spread of The Secretary may issue such regulations onstrates a pattern whereby the FAA and orders as the Secretary considers nec- the plant pest or noxious weed and for re- essary to carry out this Act, including (at lated expenses. uses their emergency powers as stand- the option of the Secretary) regulations and (2) AVAILABILITY.—Any funds transferred ard procedure rather than extraor- orders relating to— under this subsection shall remain available dinary measures. Perhaps the most (1) notification of arrival of plants, plant to carry out paragraph (1) without fiscal visible case has been that of Bob Hoo- products, biological control organisms, plant year limitation. ver. pests, noxious weeds, articles, or means of SEC. 17. REPEALS. Now, Mr. President, I have flown in a conveyance; The following provisions of law are re- lot of air shows over the last 40 years, (2) prohibition or restriction of or on the pealed: and I can tell you right now the one importation, entry, exportation, or move- (1) Public Law 97–46 (7 U.S.C. 147b). ment in interstate commerce of plants, plant (2) The Joint Resolution of April 6, 1937 (50 person that you ask anyone who has a products, biological control organisms, plant Stat. 57, chapter 69; 7 U.S.C. 148 et seq.). background like mine, ‘‘Who is the pests, noxious weeds, articles, or means of (3) Section 1773 of the Food Security Act of hero within the industry,’’ it has been conveyance; 1985 (7 U.S.C. 148f). Hoover. He is getting up in years but is

VerDate Aug 31 2005 00:20 Jul 01, 2008 Jkt 041999 PO 00000 Frm 00101 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S25SE6.REC S25SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S11312 CONGRESSIONAL RECORD — SENATE September 25, 1996 as sharp as he ever was. Something detta against Ted Stewart, which is the Air Transport Association, the Al- happened to him. He is probably the further emphasized with the footnote lied Pilots Association, the Aircraft most highly regarded and accomplished in which the board notes: Owners and Pilots Association, the Ex- aerobatic pilot today. In 1992, his med- [We,] of course, [are] not authorized to re- perimental Aircraft Association, the ical certificate was revoked based on view the Administrator’s exercise of his NTSB Bar Association, and many oth- alleged questions regarding his phys- power to take emergency certificate action ers. ical condition. After getting a clean . . . We are constrained to register in this My intention in introducing this bill matter, however, our opinion that where, as bill of health from four separate sets of here, no legitimate reason is cited or appears today is to get it out so that interested doctors over the continuing objections for not consolidating all alleged violations groups can look at it and work with me of the Federal air surgeon, who never into one proceeding, subjecting an airman in to make changes, if that is necessary. I examined Bob personally, his medical the space of a year to two emergency revoca- am pleased that Senator MCCAIN, who certificate was reinstated only after tions, and thus to the financial and other is the chairman of the Aviation Sub- the Administrator, David Hinson, in- burdens associated with an additional 60-day committee of Commerce, has agreed to tervened. grounding, without prior notice and hearing, hold a hearing on this in the 105th Con- I say at this point, I have been a constitutes an abuse and unprincipled dis- gress. In the intervening time, I will be charge of an extraordinary power. strong supporter of Administrator working to make sure this issue is David Hinson. I have often said that he Mr. President, I obviously cannot fully vetted, and it is my hope that we is probably the very best appointment read the minds of the NTSB, but I be- will be able to address this issue very lieve a reasonable person would con- that President Clinton has made since early in the 105th Congress. he has been President. I also say there clude from these comments that the is not a lot of competition for that board believes, as I do, that there is an By Mr. MOYNIHAN: abuse of emergency revocation powers title. S. 2131. A bill to establish a bipar- He already has more serious prob- by the FAA. This is borne out further by the fact tisan national commission on the year lems coming. His current medical cer- 2000 computer problem; to the Com- tificate expires this coming Monday, that, since 1989, emergency cases as a total of all enforcement actions heard mittee on Commerce, Science, and September 30, 1996. Unlike most air- Transportation. men, like myself, when mine expires I by the NTSB have more than doubled. go down, take a physical that lasts ap- In 1989, the NTSB heard 1,107 enforce- THE YEAR 2000 COMPUTER PROBLEM NATIONS COMMISSION ESTABLISHMENT ACT OF 1996 proximately 30 minutes, and it is rein- ment cases. Of those, 66 were emer- stated at that time, something that gency revocation cases, or 5.96 percent. Mr. MOYNIHAN. Mr. President, I rise In 1995, the NTSB heard 509 total en- happens every 12 months. today to offer my last in a series of Bob Hoover’s experience is one of forcement cases, and of those 160 were warnings to the 104th Congress. I warn many. I have several other examples of emergency revocation cases or 31.43 of a problem which may have extreme pilots who had licenses revoked on an percent. I believe it is clear that the negative economic and national secu- emergency basis, such as Ted Stewart, FAA has begun to use an exceptional rity consequences in the year 2000 and who has been an American Airlines power as a standard practice. beyond. It is the problem of the Year In response, I am proposing legisla- pilot—who I know personally—has been 2000 Time Bomb, which has to do with tion which would establish a procedure an American Airlines pilot for 12 years the transition of computer programs whereby the FAA must show just cause and is presently a Boeing 767 captain. from the 20th to the 21st century. for bringing an emergency revocation Throughout history, much forewarning Until January 1995, Mr. Stewart had no action against an airman. complaints registered against him or of the millennium has been foolishly Not surprisingly, Mr. President, the apocalyptic, but this problem is not his flying. In January 1995, the FAA FAA opposes this language. But they suspended Mr. Stewart’s examining au- trifling. also oppose the changes to the civil Simply put, many computer pro- thority as part of a larger FAA effort penalties program where they served as to respond to a problem of falsifying grams will read January 1, 2000 as Jan- judge, jury, and executioner in civil uary 1, 1900. Outwardly innocuous, the records. penalty actions against airmen. Fortu- Now, there was never any indication need to reprogram computers’ internal nately, we were able to change that clocks will not only cost billions, but if that Mr. Stewart was involved in that, just a couple of years ago so that air- but, nonetheless, that was part of the left undone—or not done in time—all men can now appeal a civil penalty levels of government, the business investigation. He was exonerated by case to the NTSB. This has worked community, the medical community, the full NTSB, National Transpor- very well because the NTSB has a clear and the defense establishment could tation Safety Board, in July 1995. In understanding of the issues. June 1996, he received a second revoca- My proposal allows an airman, with- face a maelstrom of adverse effects. tion. One of the charges in the second in 48 hours of receiving an emergency Widespread miscalculation of taxes by revocation involved falsification of revocation order, to request a hearing the Internal Revenue Service; the pos- records for a flight instructor certifi- before the NTSB on the emergency na- sible failure of some Defense Depart- cate with a multiengined rating and ture of the revocation—not whether or ment weapons systems; the possibility his air transport pilot, ATP, certificate not the revocation was justified, but of misdiagnosis or improper medical dating back to 1979. the emergency nature of the revoca- treatment due to errors in medical Like most, I have questioned how an tion. The NTSB then has 48 hours to records; and the possibility of wide- alleged 171⁄2-year-old violation could hear the arguments and decide if a true spread disruption of business oper- constitute an emergency, especially emergency exists. During this time, ations due to errors in business since he has not been cited for any the emergency revocation remains in records. cause in the intervening years. None- effect. In other words, the airman loses Mr. Lanny J. Davis, in his thoughtful theless, the FAA vigorously pursued use of his certificate for 4 days. How- analysis of the dilemma presented in this action. On August 30, 1996, the ever, should the NTSB decide an emer- an article in the Washington Post of NTSB issued its decision in this second gency does not exist, then the certifi- September, 15, 1996, cited one industry revocation and found in favor of Mr. cate would be returned to the airman expert who called the Y2K defect—as Stewart. and he could continue to use it while the computer literate call it—‘‘the A couple of comments in Mr. Stew- the FAA pursued their revocation case most devastating virus to ever infect art’s decision bear closer examination. against him in a normal manner. If the the world’s business and information First, the board notes that ‘‘the Ad- NTSB decides that an emergency does technology systems.’’ Mr. Davis also ministrator’s loss in the earlier case exist, then the emergency revocation tabulated the cost: ‘‘Current estimates appears to have prompted further in- remains in effect and the airman can- for business and government range vestigation of the respondent * * *’’ I not use his certificate until the case is from $50 billion to $75 billion—and will found this rather troubling, that an adjudicated. only increase as 2000 draws closer.’’ impartial third party appears to be This bill is supported by virtually all Moreover, it seems the problem is suggesting that the FAA has a ven- of the major aviation groups, such as not limited to main frame computers

VerDate Aug 31 2005 00:20 Jul 01, 2008 Jkt 041999 PO 00000 Frm 00102 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S25SE6.REC S25SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 25, 1996 CONGRESSIONAL RECORD — SENATE S11313 as once was thought. In an article enti- [From the Wall Street Journal, Sept. 18, digit year date can still specify a date out- tled ‘‘Even Some New Software Won’t 1996] side that period. The approach is a common Work in 2000,’’ the Wall Street Journal EVEN SOME NEW SOFTWARE WON’T WORK IN one for Year 2000 compliant software. 2000 Microsfot’s problem arises with Access 95, reported on Wednesday, September 18, the database program that was shipped last 1996, that owners of personal computers (By Lee Gomes) August with Windows 95. Like Quicken, Ac- will be affected as well. Mr. Lee Gomes In his syndicated newspaper column this cess 95 doesn’t properly handle two-digit wrote: ‘‘In fact, tens of millions of PC past July, Microsoft Corp. Chairman Bill dates after ‘‘99,’’ says Douglas S. Dedo, who owners will be affected. Current or very Gates answered an anxious reader’s question is handling most Year 2000 questions for recent versions of such best sellers as about whether PC owners have to worry Microsoft. about the ‘‘Year 2000 problem,’’ which is now Doesn’t that show a lack of foresight by Quicken, FileMaker Pro and at least roiling the world of corporate mainframes. Microsoft programmers? ‘‘I couldn’t agree one brand-new program from Microsoft ‘‘Most PC users won’t be affected,’’ wrote with you more,’’ replies Mr. Dedo. He says will stumble at the approach of Jan. 1, Mr. Gates. ‘‘There shouldn’t be much of an the omission will be corrected in the next 2000. There will be hardware hiccups, issue with up-to-date software. Microsoft version of the product, to be released next too. Many PC owners will have to take software, for instance, won’t cause prob- year. As with Quicken, Access 95 users can extra steps to teach their systems lems.’’ work around the problem by using a four- digit date. about the new millennium.’’ The reply may have been reassuring, but it was also wrong. In fact, tens of millions of Microsfot’s operating systems, by them- Early in 1996, John Westergaard first PC owners will be affected. Current or very selves, don’t have a Year 2000 problem, says informed me of this impending prob- recent versions of such best-sellers as Quick- Mr. Dedo, and neither do such major com- lem. I asked the Congressional Re- en, File Maker Pro and at least one brand- pany products as the Excel spreadsheet pro- search Service to assess its extent. In new program from Microsoft will stumble at gram. the approach of Jan. 1, 2000. There will be There is, though, an annoying problem July, CRS reported back and substan- with the basic date-keeping portion of a PC’s tiated the doomsayers’ worst fears. I hardware hiccups, too. Many PC owners will have to take extra steps to teach their sys- hardware, called the CMOS, says Tom Beck- immediately wrote to the President, er of Air System Technologies Inc. in Miami. tems about the new millennium. In this case, the blame belongs to Inter- alerted him to the problem and sug- The date rollover will trip up computers national Business Machines Corp. and the gested that a presidential aide—a gen- because programmers have tended to use basic PC design it set down in the mid-1980s. eral perhaps—be appointed to take re- only two-digit numbers to represent years— It turns out, Mr. Becker says, that the CMOS ‘‘96’’ instead of ‘‘1996’’—assuming that all sponsibility for assuring that all Fed- is something of a dolt in keeping track of eral agencies and Government contrac- dates would be in the 20th century. centuries. As a result, many PC owners will As a result, 40 months from now, unfixed tors be Y2K date-compliant by January need to manually reset the date to the Year 1, 1999. No word back yet. computers will calculate, for example, that 2000 the first time they use their machines in ‘‘00’’ is ‘‘1900,’’ and thus an earlier date than the 21st century. Over the past few weeks I have peri- ‘‘99,’’ and decline to perform certain func- odically updated my colleagues in the Mr. Dedo says that Microsoft’s newer oper- tions. ating systems, Windows 95 and Windows NT, Senate as to the nature of this prob- The good news is that fixing any Year 2000 will fix hardware date glitches automati- lem, the possible costs of the problem, problems on PCs will seem like a picnic com- cally. He adds that the company is also and advances in thinking about the pared with the data-processing nightmare working on fixer programs that will do the problem. The business community has now occurring in the corporate world. For same for older DOS and Windows 3.1-based begun to stir, but it seems all is quiet PC owners, a few simple steps will usually machines. take care of things—assuming users can here in the Nation’s capital, or nearly Year 2000 difficulties will probably occur identify the problem. mainly on the IBM compatible side of the quiet. But, as Mr. Gates’s two-month-old column house. Apple Computer Inc.’s Macintosh Today, I am introducing a bill to es- suggests, the fact that the Year 2000 is a PC computer has no such problems, says an tablish a nonpartisan commission on issue at all will come as a surprise to many, Apple spokesman. the year 2000 computer problem. It will including some in the industry. At Micro- But some recent Apple programs do, in- be composed of 15 members—five se- soft, the company has realized only in the cluding both the Mac and Windows versions of FileMaker Pro, a popular database project lected by the President; 5, the Presi- past few weeks that some of its own software is not ‘‘Year 2000 compliant.’’ Many other that the Apple-owned Claris Corp. shipped dent pro tempore of the Senate, and 5, software companies, when first asked, said until last December. For forthcoming the Speaker of the House of Represent- they had no Year 2000 difficulties, only to versions, says Claris’s Christopher Crim, the atives—in consultation with the minor- call back a few days later to report that they company took pains to make sure all dates ity leaders respectively. The commis- had found some after all. were converted from two to four digits before sion will study the problem, analyze its Unlike mainframe makers, though, PC being stored. ‘‘We’ve learned our lesson,’’ Mr. costs, and provide immediate rec- companies don’t have much excuse for hav- Crim says. ommendations and requirements for ing problems. Mainframe programmers took f the Secretary of Defense, the Presi- short cuts during the ’60s and ’70s because computer memory was then a precious com- ADDITIONAL COSPONSORS dent, and Congress. Because of the ur- modity. But some PC programmers followed S. 1044 gency of this problem, the commission that lead, even after memory was no longer At the request of Mrs. KASSEBAUM, will complete its study and make its in short supply and the new millennium was the name of the Senator from Montana much closer. The moral: Even in an industry report to the President by December [Mr. BURNS] was added as a cosponsor 31, 1997. The onus is now on us to see whose leaders often portray themselves as of S. 1044, a bill to amend title III of social and technical visionaries, companies this bill passed. the Public Health Service Act to con- I urge my colleagues to recognize can suffer from old-fashioned short- sightedness. solidate and reauthorize provisions re- this problem, and help establish this So what exactly is the problem? Many PC lating to health centers, and for other Commission. As Mr. Davis warned, we software programs allow users to enter years purposes. have begun a ‘‘Countdown to a Melt- using either a four-digit or two-digit format S. 1505 down.’’ The longer we delay, the more that can lead some PC programs astray. In- At the request of Mr. LOTT, the name costly the solution and the more dire tuit Inc.’s Quicken financial program, for ex- of the Senator from Wyoming [Mr. ample, lets people schedule future electronic the consequences. The computer has SIMPSON] was added as a cosponsor of payments up to a year in advance. Come late been a blessing; if we do not act in a S. 1505, a bill to reduce risk to public timely fashion, however, it could be- 1999, a user trying to set up a payment for ‘‘01/10/00’’ will get a message saying, in ef- safety and the environment associated come the curse of the age. fect, that it’s too late to make a payment for with pipeline transportation of natural I ask unanimous consent that the 1900. To schedule the payment, users will gas and hazardous liquids, and for Wall Street Journal article of Wednes- have to know enough to type ‘‘01/10/2000’’ or other purposes. day, September 18, 1996, entitled ‘‘Even use a special Quicken shortcut. S. 1965 The fall release of Quicken will fix the Some New Software Won’t Work in At the request of Mr. HATCH, the 2000,’’ by Lee Gomes, be included in the problem, says Roy Rosin, the Quicken for Windows product manager at Intuit. The name of the Senator from Michigan RECORD. company didn’t fix it before because ‘‘it just [Mr. ABRAHAM] was added as a cospon- There being no objection, the mate- wasn’t on the radar screen.’’ The new Quick- sor of S. 1965, a bill to prevent the ille- rial was ordered to be printed in the en, he adds, will assume that any two-digit gal manufacturing and use of meth- RECORD, as follows: date occurs between 1950 and 2027; a four- amphetamine.

VerDate Aug 31 2005 00:20 Jul 01, 2008 Jkt 041999 PO 00000 Frm 00103 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S25SE6.REC S25SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S11314 CONGRESSIONAL RECORD — SENATE September 25, 1996

S. 2030 EXTENSION OF AUTHORIZED PERIOD OF STAY On page 12, line 4, strike ‘‘contributors,’’ At the request of Mr. LOTT, the name FOR CERTAIN NURSES and insert ‘‘contributions,’’. of the Senator from North Carolina SEC. . (a) ALIENS WHO PREVIOUSLY EN- f [Mr. FAIRCLOTH] was added as a cospon- TERED THE UNITED STATES PURSUANT TO AN sor of S. 2030, a bill to establish nation- H–IA VISA.— AUTHORITY FOR COMMITTEES TO (1) Notwithstanding any other provision of MEET ally uniform requirements regarding law, the authorized period of stay in the the titling and registration of salvage, United States of any nonimmigrant de- COMMITTEE ON ARMED SERVICES nonrepairable, and rebuilt vehicles, and scribed in paragraph (2) is hereby extended Mr. GRASSLEY. Mr. President, I ask for other purposes. through September 30, 1997. unanimous consent that the Com- S. 2034 (2) A nonimmigrant described in this para- mittee on Armed Services be author- graph is a nonimmigrant— ized to meet at 2 p.m. on Wednesday, At the request of Mr. BREAUX, the (A) who entered the United States as a name of the Senator from Montana nonimmigrant described in section September 25, 1996, in open session, to [Mr. BAUCUS] was added as a cosponsor 101(a)(15)(H)(i)(a); receive testimony on the impact of the of S. 2034, a bill to amend title XVIII of (B) who was within the United States on or Bosian elections and the deployment of the Social Security Act to make cer- after September 1, 1995, and who is within United States military forces to Bosnia tain changes to hospice care under the the United States on the date of the enact- and the Middle East. ment of this Act; and The PRESIDING OFFICER. Without Medicare Program. (C) whose period of authorized stay has ex- S. 2047 pired or would expire before September 30, objection, it is so ordered. At the request of Mr. HATCH, the 1997 but for the provisions of this section. COMMITTEE ON COMMERCE, SCIENCE, AND name of the Senator from Mississippi (3) Nothing in this section may be con- TRANSPORTATION strued to extend the validity of any visa [Mr. COCHRAN] was added as a cospon- Mr. GRASSLEY. Mr. President, I ask issued to a nonimmigrant described in sec- unanimous consent that the Com- sor of S. 2047, a bill to amend the Inter- tion 101(a)(15)(H)(i)(A) of the Immigration nal Revenue Code of 1986 to modify the mittee on Commerce, Science, and and Nationality Act or to authorize the re- Transportation be allowed to meet application of the pension non- entry of any person outside the United discrimination rules to governmental States on the date of the enactment of this twice during the Wednesday, Sep- plans. Act. tember 25, 1996, session of the Senate for the purpose of conducting a hearing S. 2057 (b) CHANGE OF EMPLOYMENT.—A non- immigrant whose authorized period of stay is on the Mars discovery and a hearing on At the request of Mr. WARNER, the extended by operation of this section shall be names of the Senator from North Caro- the treatment of families after airline eligible to change employers in accordance accidents. lina [Mr. FAIRCLOTH] and the Senator with section 214.2(h)(2)(i)(D) of title 8, Code The PRESIDING OFFICER. Without from Indiana [Mr. COATS] were added as of Federal Regulations (as in effect on the objection, it is so ordered. cosponsors of S. 2057, a bill to amend day before the date of the enactment of this title 38, United States Code, to make Act). COMMITTEE ON FINANCE permanent the authority of the Sec- (c) REGULATIONS.—Not later than 30 days Mr. GRASSLEY. Mr. President, I ask after the date of the enactment of this Act, unanimous consent that the Com- retary of Veterans Affairs guarantee the Attorney General shall issue regulations loans with adjustable rate mortgages. mittee on Finance be permitted to to carry out the provisions of this section. meet Wednesday, September 25, 1996, S. 2101 (d) INTERIM TREATMENT.—A nonimmigrant beginning at 10 a.m. in room SH–215, to At the request of Mr. KERRY, his whose authorized period of stay is extended conduct a markup on a committee name was added as a cosponsor of S. by operation of this section, and the spouse and child of such nonimmigrant, shall be amendment to H.R. 3815. 2101, a bill to provide educational as- The PRESIDING OFFICER. Without sistance to the dependents of Federal considered as having continued to maintain lawful status as a nonimmigrant through objection, it is so ordered. law enforcement officials who are September 30, 1997. COMMITTEE ON FOREIGN RELATIONS killed or disabled in the performance of f Mr. GRASSLEY. Mr. President, I ask their duties. THE NATIONAL PHYSICAL FIT- unanimous consent that the Com- SENATE RESOLUTION 285 NESS AND SPORTS FOUNDATION mittee on Foreign Relations be author- At the request of Mr. ROTH, the name ESTABLISHMENT ACT ized to meet during the session of the of the Senator from Wyoming [Mr. Senate on Wednesday, September 25, THOMAS] was added as a cosponsor of 1996, at 10 a.m. to hold a business meet- PRESSLER AMENDMENT NO. 5403 Senate Resolution 285, a resolution ex- ing to vote on pending items, and for pressing the sense of the Senate that Mr. GRASSLEY (for Mr. PRESSLER) the Subcommittee on Near Eastern and the Secretary of State should make im- proposed an amendment to the bill (S. South Asian Affairs to meet at 2 p.m. provements in Cambodia’s record on 1311) to establish a National Fitness to hold a hearing. human rights, the environment, nar- and Sports Foundation to carry out ac- The PRESIDING OFFICER. Without cotics trafficking and the Royal Gov- tivities to support and supplement the objection, it is so ordered. ernment of Cambodia’s conduct among mission of the President’s Council on COMMITTEE ON INDIAN AFFAIRS the primary objectives in our bilateral Physical Fitness and Sports, and for Mr. GRASSLEY. Mr. President, I ask relations with Cambodia. other purposes; as follows: unanimous consent that the Com- f On page 2, line 8, strike ‘‘nonprofit’’ and mittee on Indian Affairs be authorized insert ‘‘not for profit’’. to meet during the session of the Sen- AMENDMENTS SUBMITTED On page 2, line 10, after the period insert the following: ‘‘The Foundation shall be es- ate on Wednesday, September 25, 1996, tablished as an organization described in sec- at 1:30 p.m. in room 485 of the Russell tion 501(c)(3) of the Internal Revenue Code of Senate Office Building to conduct a CONTINUING APPROPRIATIONS 1986 and shall be presumed, for purposes of hearing on the phase-out of the Office JOINT RESOLUTION such Code, to be such an organization until of Navajo and Hopi Indian Relocation. the Secretary of the Treasury determines The PRESIDING OFFICER. Without that the Foundation does not meet the re- objection, it is so ordered. quirements applicable to such an organiza- FAIRCLOTH (AND OTHERS) COMMITTEE ON THE JUDICIARY AMENDMENT NO. 5402 tion. Section 508(a) of such Code does not apply to the Foundation.’’. Mr. GRASSLEY. Mr. President, I ask Mr. FAIRCLOTH (for himself, Mr. On page 5, line 8, after the period, insert unanimous consent that the Com- SIMON, Ms. MOSELEY-BRAUN, and Mr. the following: ‘‘The three numbers appointed mittee on the Judiciary be authorized ABRAHAM) proposed an amendment to by the Secretary shall include the represent- to meet during the session of the Sen- the joint resolution (S.J. Res. 63) mak- ative of the United States Olympic Com- ate on Wednesday, September 25, 1996, mittee.’’. ing continuing appropriations for the On page 5, line 21, after the period insert at 10 a.m. to hold a hearing on White fiscal year ending September 30, 1997, the following: ‘‘The Chairman of the Presi- House access to FBI background sum- and for other purposes; as follows: dent’s Council on Physical Fitness shall maries. At the appropriate place, insert the fol- serve as Chairperson until a Chairman is The PRESIDING OFFICER. Without lowing new section: elected by the Board.’’. objection, it is so ordered.

VerDate Aug 31 2005 00:20 Jul 01, 2008 Jkt 041999 PO 00000 Frm 00104 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S25SE6.REC S25SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 25, 1996 CONGRESSIONAL RECORD — SENATE S11315 COMMITTEE ON THE JUDICIARY The PRESIDING OFFICER. Without such broadsides and rebuttals seem a fitting Mr. GRASSLEY. Mr. President, I ask objection, it is so ordered. start. After all, the very existence of his job is irritating to Chinese leaders, who regard unanimous consent that the Com- f mittee on the Judiciary be authorized Taiwan as a Chinese province, which to meet during the session of the Sen- ADDITIONAL STATEMENTS shouldn’t pursue its own foreign policy. And Mr. Chang likely will work aggressively to ate on Wednesday, September 25, 1996, beef up the island’s ties with other countries, at 2 p.m. to hold a hearing on the role TAIWAN’S NEW FOREIGN analysts say, while his good relations with of the U.S. Department of Justice in MINISTER, JOHN H. CHANG the president ensure a more seamless foreign implementing the Prison Litigation policy than ever before. Reform Act. ∑ Mr. COHEN. Mr. President, I rise ‘‘His profile will be higher’’ than that of The PRESIDING OFFICER. Without today to say a few words about Tai- his predecessor, Fredrick Chien, predicts objection, it is so ordered. wan’s new Foreign Minister, John H. Chou Yu-kou, who has written a biography of Mr. Chang’s mother as well as three biog- COMMITTEE ON VETERANS’ AFFAIRS Chang. raphies of Taiwan’s current president. Mr. Mr. GRASSLEY. Mr. President, the Mr. Chang’s selection as Foreign Chang’s ‘‘voice can be louder; he can push Committee on Veterans’ Affairs asks Minister at this crucial moment in re- hard for ‘pragmatic diplomacy,’’’ Ms. Chou unanimous consent to hold a joint lations between mainland China and says, referring to Mr. Lee’s policy of estab- hearing with the Senate Select Com- Taiwan is particularly appropriate, be- lishing formal ties with as many nations as mittee on Intelligence on the Depart- cause his background represents the possible. ment of Defense and intelligence re- complexity of the cross-straits rela- One reason Mr. Chang can step up these ef- tionship writ small. Born on the main- forts lies in his unusual background: He is a ports of U.S. military personnel expo- grandson of Chiang Kai-shek, who ruled sures to chemical agents during the land in the midst of the Second World China for two decades before fleeing with his Persian Gulf war. War, Chang came with his family to Nationalist troops to Taiwan in 1949, de- The PRESIDING OFFICER. Without Taiwan in 1949. feated by the Chinese Communists in a civil objection, it is so ordered. Although a mainlander by back- war. Mr. Chang and a twin brother who died SELECT COMMITTEE ON INTELLIGENCE ground, Minister Chang grew up among earlier this year were the illegitimate off- Mr. GRASSLEY. Mr. President, I ask local Taiwanese and became equally spring of a wartime affair between Chiang unanimous consent that the Select comfortable speaking Mandarin, Tai- Ching-kuo, the general’s son and later Tai- Committee on Intelligence be author- wanese, and Hakka. He has been able wan’s president, and a woman he met in the southern Chinese province of Jiangxi, who ized to meet during the session of the to bridge the tensions between Tai- died shortly after the twins were born. Senate on Wednesday, September 25, wanese and mainlanders that have But Mr. Chang and his twin brother, who 1996, at 10:30 a.m. to hold an open hear- marked much of the island’s postwar came to Taiwan in 1949 and were raised by ing on intelligence matters. politics. Among the first KMT leaders their maternal grandmother, were unaware The PRESIDING OFFICER. Without to open a dialog with opposition mem- of their illustrious parentage until they went objection, it is so ordered. bers, Minister Chang served as a key to college, according to Ms. Chou’s book. While most main landers settled in Taipei, SUBCOMMITTEE ON FINANCIAL MANAGEMENT player in the talks between the gov- speaking the official Chinese Mandarin dia- AND ACCOUNTABILITY erning party and the Taiwanese opposi- lect among themselves and dominating all Mr. GRASSLEY. Mr. President, I ask tion in the years leading up to the de- top government and military posts, the boys unanimous consent on behalf of the mocratizing reforms of the late 1980’s. grew up in the smaller northern city of Subcommittee on Financial Manage- Earlier this year, Chang won the high- Hsinchu and spoke the local Taiwanese and ment and Accountability of the Gov- est percentage of votes of any can- Hakka dialects. ernmental Affairs Committee to meet didate in Taiwan’s assembly elections. ‘‘I was brought up . . . with native chil- on Wednesday, September 25, 1996, at 10 Minister Chang is a skilled diplomat dren,’’ says Mr. Chang. ‘‘I see no differences a.m., for a hearing on oversight of reg- and a seasoned negotiator. His presence between mainlanders and Taiwanese.’’ Mr. Chang’s viewpoint is unusual on an island ulatory review activities of the Office in President Lee Teng-hui’s cabinet where ethnic differences often lie just be- of Information and Regulatory Affairs. should be a force for good in cross- neath the surface. Such close associations The PRESIDING OFFICER. Without straits relations. with local Taiwanese people, he believes, objection, it is so ordered. Mr. President, I request that an arti- helped him garner the highest percentage of SUBCOMMITTEE ON FORESTS AND PUBLIC LAND cle on Minister Chang from the Asian votes island-wide in March elections to Tai- MANAGEMENT Wall Street Journal be placed in the wan’s National Assembly. The combination of an elite mainland Mr. GRASSLEY. Mr. President, I ask RECORD at this point to further ac- background and Taiwanese sympathies also unanimous consent that the Sub- quaint my colleagues with Minister committee on Forests and Public Land gives Mr. Chang the clout to do things his Chang and his background. way. As a rising star in Taiwan’s diplomatic Management of the Committee on En- [From the Asian Wall Street Journal, June corps in the late 1970s, Mr. Chang was one of ergy and Natural Resources be granted 21, 1996] the first government officials to initiate con- permission to meet during the session CHANG AIMS TO EXPAND TAIWAN’S ROLE ON tact with antigovernnment politicians, many of the Senate on Wednesday, Sep- WORLD STAGE of whom had fled abroad and faced treason charges if they returned. Mr. Chang helped tember 25, 1996, for purposes of con- (By Leslie Chang) ducting a subcommittee hearing which some of those politicians to get off the gov- TAIPEI.—By his second day in office, Tai- is scheduled to begin at 2:30 p.m. The ernment’s blacklist and return to Taiwan. wan’s foreign minister was hearing the first ‘‘He was pretty open, willing to take (such) purpose of this hearing is to consider S. attacks from China: He is ‘‘untrustworthy’’ risks,’’ recalls C.J. Chen, a vice minister of 9871, a bill to provide for the full settle- and ‘‘betraying (his) family.’’ foreign affairs who has known Mr. Chang for ment of all claims of Swain County, Mention of the criticisms, attributed to more than two decades. At the same time, he NC, against the United States under Beijing sources and reported in a Hong Kong adds, ‘‘because of his background, people the agreement dated July 30, 1943, and newspaper, elicits only a diplomatic ‘‘no would have little doubt about his loyalty.’’ for other purposes. comment’’ from John Chang, in his first Acquaintances describe Mr. Chang as lib- The PRESIDING OFFICER. Without interview since joining the new cabinet of eral-minded and full of energy. In his pre- Taiwan President Lee Teng-hui last week. objection, it is so ordered. vious post as Overseas Chinese Affairs Com- But in an hour long conservation in the min- missioner, for example, Mr. Chang shook up SUBCOMMITTEE ON INTERNATIONAL FINANCE istry’s lushly appointed reception room, the sleepy cabinet-level position by expand- Mr. GRASSLEY. Mr. President, I ask lined with framed photographs of the career ing contacts with overseas Chinese commu- unanimous consent that the Sub- diplomat with everyone from Mikhail Gorba- nities around the world. In January, he committee on International Finance of chev to Bob Hope, the 55-year-old Mr. Chang hosted a high-profile breakfast meeting in the Committee on Banking, Housing, isn’t always so circumspect. Washington between Taiwan politicians and and Urban Affairs be authorized to ‘‘It is mainland China which has com- some of their U.S. counterparts, including meet during the session of the Senate plicated the issue, which has confused all the House Speaker Newt Gingrich. world,’’ asserts Mr. Chang, speaking of a At a news conference last week, while on Wednesday, September 25, 1996, to year of heightened tensions between Beijing other new cabinet members shuffled papers conduct a hearing on the release of the and Taipei. and rattled off statistics, Mr. Chang ad- fourth Trade Promotion Coordinating As Mr. Chang takes on the touchiest of dressed each reporter by name and gave Committee [TPCC] annual report. ministerial portfolios amid that standoff, colorful responses. Asked which was more

VerDate Aug 31 2005 00:20 Jul 01, 2008 Jkt 041999 PO 00000 Frm 00105 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S25SE6.REC S25SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S11316 CONGRESSIONAL RECORD — SENATE September 25, 1996 important, Taiwan’s foreign policy or its pol- should pursue its interests short of war. Moore began his career in radio icy toward the mainland, he responded, ‘‘If Think of Gen. George C. Marshall, who trad- broadcasting as a student at East Ten- you are going fishing, is it the hook or the ed in his olive-drab for pinstripes after World nessee State University [ETSU]. He line that is important?’’ War II and, as secretary of state, drafted the Already, Mr. Chang is signaling a shift in inspired plan (that now bears his name) to was a familiar radio personality on tone from that of his predecessor, Mr. Chien, inject billions of dollars into the charred WETB, the college radio station, and who held the more conciliatory stance that economies of Western Europe to create sta- remained active in broadcasting policy toward the mainland took precedence ble conditions in which democracy thrived throughout his college career. After 2 over foreign policy. It is Mr. Chang’s stepped and communism was held at bay. years of military service, Moore re- up efforts to raise Taiwan’s international Now that the Western democracies have turned home to the tri-cities area and profile that has led some in Beijing to accuse won the Cold War, along comes another gen- to the radio booth. him of betraying the ideals of his father and eral with a compelling vision for America’s role in Europe. Mr. President, at the urging of his grandfather, who had hoped that the island colleagues Moore moved to WCYB-TV would one day reunify with the mainland. U.S. Gen. George Joulwan, the NATO su- On some points, Mr. Chang strikes softer preme commander, argues that the Cold in Bristol where he worked his way notes. Taiwan’s continuing efforts to join War’s conclusion is not a time for America through the ranks. In 1962, Moore an- international organizations, he says, will to disengage from Europe but to ‘‘consoli- chored his first newscast at 11 p.m. and focus more on ‘‘functional agencies’’ such as date the gains of democracy.’’ In military by 1964, he was anchoring the 6 p.m. the World Bank, the International Monetary terms, he says, ‘‘When you take an objective, newscast. Thirty-four years later, Mer- the first thing you think about is not pulling Fund and the World Trade Organization. rill Moore has reached the pinnacle of And while Taiwan will continue its efforts back from the objective but of securing it.’’ to take a more active role in the United Na- And the Western democracies, he says, have his broadcasting career. In those years, tions—the move on the international stage not yet consolidated their gains among the he has covered countless national and that most angers Beijing—Mr. Chang notes fragile, emerging democracies to the east. local events and has had the oppor- that Taiwan isn’t formally seeking U.N. True enough. But it is the method by tunity to interview Presidents Ford, membership, but rather, it asks only that which Joulwan proposes to achieve that con- Carter, Bush, and Clinton. the U.N. study the issue of the representa- solidation—expansion of NATO—that gives Most importantly, Moore has had the tion of Taiwan, which hasn’t been a member us pause. Pentagon troop strength in Europe, which opportunity to witness the growth of of the world body since 1971. the tri-cities area. Many of his reports But in the next breath, Mr. Chang says he forms the backbone of the Western alliance, is planning overseas trips for later this year, has dropped to 100,000 from a Cold War high have spanned the beginning and com- and hopes to sign on new countries ‘‘who of 350,000. pletion of area projects, such as the want to have formal relationships with us,’’ Joulwan argues for expanding NATO east- construction of the East Tennessee adding to the 31 nations that currently rec- ward. That is the determination of both the State University Medical School and ognize Taiwan. North Atlantic Council that governs NATO the highway connecting the tri-cities Which new countries might those be? The and of his own commander in chief, Presi- dent Clinton. (Republican challenger Bob to Asheville, NC. He has been a main diplomatic veil drops again. ‘‘You will hear source of information to the commu- about it,’’ he promises, smiling.∑ Dole also favors allowing former Warsaw Pact states into NATO.) nity from the drawing board to the f But no military threat requires expanding dedication of many area improve- A NEW MARSHALL PLAN FOR THE NATO, particularly at a time when the ments. And he never fails to provide an EAST wounded Russian bear would feel caged, pro- up-to-date and informative newscast. voked. ∑ Mr. SIMON. Mr. President, the Chi- True, partnership training exercises be- Recently, Merrill Moore was awarded cago Tribune had an editorial calling tween NATO and the armies of the East can the prestigious George Bowles Broad- for a Marshall plan for Eastern Europe. teach discipline, order and the powerful con- cast Journalism Award for his many That really makes sense. I know that cept of control over the military by a demo- years of dedication to WCYB-TV and between now and election day we’re cratically elected civilian government. But the tri-cities area. The award, pre- not going to hear calls from our leaders even Joulwan avers that America ‘‘stands for sented by the Virginia Association of much more than ships, tanks and planes. It for this, but after election day, I hope Broadcasters, is an annual honor given stands for shared values that are sought in to successful broadcast journalists that that will happen. the rest of Europe.’’ It would take courage, just as the Military alliances are no substitute for po- are respected by their peers and the original Marshall plan took courage. litical and economic integration, and that is community. It also honors journalists After President Truman and General the best way to share western values with for their devotion to their work and Marshall announced the plan, the first Central and Eastern Europe. Proof of that the amount of insight they bring to the Gallup Poll showed only 14 percent of rests in the dusty archives of American di- stories they cover. Merrill Moore most the American public supporting it. plomacy, in a proposal mostly forgotten as a certainly qualifies for this award and But what a great thing that was for casualty of the Moscow-Washington com- has maintained these high standards petition. the United States and the world; and It’s not widely remembered, but the Mar- for many years. let me add we need a Marshall plan for shall Plan envisioned America’s investing Mr. President, I would like to ask our domestic scene, particularly urban billions of dollars in Eastern Europe—yes, you to join me in applauding the ef- America. even in Russia—as well as in the West. Mos- forts and continued service that Mer- President Clinton was not correct cow vetoed that aid, so Marshall’s visionary rill Moore has provided upper east Ten- when he said that this is the end of the proposal benefited Western Europe alone. nessee and south west Virginia. His era of big Government. Time to dust that plan off. The successor commitment to the tri-cities is to be The question is not whether the Gov- administration of the Marshall Plan, the Or- ganization for Economic Cooperation and admired by many. ernment is big or small but whether it Development, is alive and healthy today. f is good, whether it is doing the things Along with European Union membership and that need to be done. OBJECTION TO CONFERENCE American guidance, it represents the best REPORT TO ACCOMPANY H.R. 1296 There are needs today in Eastern Eu- strategy for integrating the new Europe.∑ ∑ rope and in the cities of our country. f Mr. WYDEN. Mr. President, I am an- My hope is that the next President of nouncing that I would object to any re- the United States—and my hope is that TRIBUTE TO MERRILL MOORE quest for unanimous consent to pro- it will be Bill Clinton—and the next ∑ Mr. FRIST. Mr. President, I rise ceed to consider the conference report Congress will show greater leadership today to salute Merrill Moore, an expe- on H.R. 1296. than we have shown in foreign affairs rienced and devoted journalist who has I would object to any unanimous re- and domestic affairs these last 2 years. become a living legend in upper east quest to proceed with this conference Mr. President, I ask that this edi- Tennessee and southwest Virginia. report because it contains a provision torial from the Chicago Tribune be Merrill Moore is recognized by many in to that would allow the Secretary of printed in the RECORD. his community as the steadfast anchor- the Interior to sell corporate sponsor- The editorial follows: man on WCYB-TV in Bristol. For 30 ships to America’s National Parks Sys- A NEW MARSHALL PLAN FOR THE EAST years, he has been one of the most tem. Sometimes the martial mind can discern trusted and most watched journalists This provision has the potential to more accurately than others how this nation in the five State area. completely change the character of our

VerDate Aug 31 2005 00:20 Jul 01, 2008 Jkt 041999 PO 00000 Frm 00106 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S25SE6.REC S25SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 25, 1996 CONGRESSIONAL RECORD — SENATE S11317 national parks and fosters conflicts of International Republican Institute, the Free movements in Cuba. In many instances, how- interest between the Department of the Trade Union Institute, and the National ever, despite free elections and outward signs Interior and potential sponsors. Impor- Democratic Institute for International Af- of change, the transition to more deeply- tantly, it would fail to contribute sig- fairs. They, too, are independent of any gov- rooted, stable democracy is incomplete or ernment direction. The House of Representa- even at risk. It is in our interest to sustain nificantly to critical funding needs of tives has approved an appropriation for fiscal NED’s efforts because today’s initiatives are the National Parks System. 1997 of $30 million, reflecting no increase no less important than those of the past. I will object to consideration of the over the current level. The Senate Appro- Signs that America is prepared to dis- conference report because I don’t be- priations Committee, however, has rec- engage from the important work of fostering lieve we should consider such a con- ommended that funding be eliminated en- democracy are unsettling to our allies and troversial provision under procedures tirely on the grounds that the Endowment is do not serve our national interests. The Na- that do not provide for the debate and a Cold War institution which has outlived its tional Endowment for Democracy has proven usefulness. That is a short-sighted judgment itself to be a cost effective, long-term invest- amendment of such objectionable pro- and should be reversed. ∑ ment in America’s security. It would be a visions. In 1983, President Ronald Reagan called for mistake to eliminate it. The Senate should f a non-governmental institution along the restore funding for the National Endowment lines of political foundations in other West- for Democracy as approved by the House.∑ NATIONAL ENDOWMENT FOR ern democracies. The National Endowment DEMOCRACY for Democracy was created to assist the f ∑ transition to modern, pluralistic, particu- Mr. LUGAR. Mr. President, I am a larly systems in other countries within the THE FORGOTTEN INTERNMENT OF strong supporter of the programs spon- context of their own individual histories, JAPANESE LATIN AMERICANS sored by the National Endowment for cultures and traditions. The United States ∑ Mr. SIMON. Mr. President, one of the Democracy and the four core groups has fundamental and enduring interests in most shameful episodes in our Nation’s that are part of the endowment family. the promotion of American political values history was the internment of Japa- For a very modest investment from the and ensuring the spread of pluralism, free- nese-Americans during World War II. U.S. Government, this nongovernment dom and democracy throughout the world. Pursuit of those interests is no less impor- In response, although belatedly, Con- organization has accomplished remark- tant today than it was at the height of the gress enacted in 1988 the law providing able achievements in promoting demo- Cold War. Our own national security and reparations to those who were uprooted cratic institutions, advancing the economic prosperity are no less at stake. and sent to internment camps. norms of a civil society, and furthering NED and its core institutes are uniquely able There is another group of people who the principle and practice of market to accomplish this task by the employment suffered the same injustice, but are in- economics abroad. NED has contrib- of non-governmental structures untainted by eligible for redress under the law. As uted significantly to the foreign policy direct association with the U.S. Government. At the official level, our choice of instru- detailed in a recent article in the Los goals of the United States. ments to pursue democracy support strate- Angeles Times, more than 2,200 Japa- It is exciting to chronicle the rich gies is limited. The Agency for International nese Latin Americans were taken from and positive role the NED has played in Development’s (AID) focussed programs have their homes in 13 countries, mostly the promotion of American political been effective, but they reflect the imme- from Peru, and brought to the United values since its inception in 1983. It has diate priorities of any administration in of- States to be detained. Most spent the been helpful in winding down the cold fice (or of actively interested members of war in a camp in rural Texas, and some war in Eastern and Central Europe, in Congress). Because of the way they are fund- ed and operated, the emphasis of AID pro- were even held until 1948. The U.S. facilitating democratic transition, grams is too often on short to medium-term Government never officially acknowl- growth and consolidation in Asia and results. They are managed by federal em- edged a reason for this policy. Since Latin America, and in supporting pro- ployees in accord with bureaucratic rules the Japanese Latin Americans were ponents of human rights and freedom and regulations. AID’s ‘‘official’’ programs not legal residents of the United States in all geographic regions of the globe require us to work with host governments or at the time of their internment, they and in more than 90 countries. at least with their tacit acceptance. The are not eligible for an apology or rep- Rather than listing the additional State Department, the United States Infor- arations. Clearly, this injustice de- successes of NED, I ask that a state- mation Agency, and other federal agencies as well, promote democracy, but they, too, mands a remedy. ment entitled ‘‘The United States must operate within limits and norms set for Of those who were forcibly brought Needs The National Endowment for De- official government representatives in for- to the United States, only 200 were al- mocracy’’ be inserted in the RECORD for eign lands. NED and its institutes, however, lowed to return to Latin America. Oth- all Members to read. The statement are able to use their resources to nurture the ers returned to Japan, while many was drafted by the Forum for Inter- development of grass roots democratic move- stayed in the United States and even- national Policy whose president is ments and long-term processes which must tually became citizens. Some 300 appli- Brent Scowcroft and whose chairman is grow from within. NED operates where there cations by Latin American Japanese Larry Eagleburger. They, along with is no official U.S. presence and it is not obli- gated to work through official channels. for redress under the 1988 law have virtually every individual who served NED is not driven by the short-term impera- been denied because they were not in the positions of National Security tives which often, quite legitimately, drive legal residents before the law’s June Advisor and Secretary of State in government decisions and actions. 1946 cutoff date. every administration since 1983 have The Endowment’s non-governmental ap- The article gives an account of a endorsed the NED’s work and support proach has worked. Through its low-cost pro- journey of a detention ship that in 1944 its full funding. I ask all Members to grams NED does openly and aboveboard what was steaming from South America to read this statement carefully. our government is not able to do: it supports monitoring of elections, conferences and ex- the United States escorted by destroy- The material follows: changes in Russia on party organization, ers and submarines. In the year of the THE UNITED STATES NEEDS THE NATIONAL polling methods, publicity and the nuts and invasion of Normandy, not to mention ENDOWMENT FOR DEMOCRACY bolts of open elections which have been cred- the war in the Pacific, it is astounding The United States’ only international po- ited with contributing to the success of that our Nation saw fit to devote mili- litical foundation, the National Endowment democratic forces in the recent elections. In for Democracy (NED), is under threat. Estab- the Central Asian Republics it has funded tary resources to this shameful and lishment in 1983, the Endowment operates civic education centers. In Slovakia it sup- questionably legal undertaking. openly and independently to support individ- ports teacher-training workshops to intro- I have written Senator INOUYE, who uals, groups and institutions who are work- duce citizenship education into primary and authored the 1988 reparations bill, to ing to promote and consolidate democracy in secondary schools. In Bosnia it has kept an see if something can be done. While I their own countries. Although it is federally important source of news alive. It helps sus- will not be in the Senate next year, I funded and subject to Congressional over- tain Burma’s hard-pressed democratic move- hope that my colleagues will consider sight, NED is not a government agency. An ment. It supported grass roots education for legislation in the next Congress to pro- independent, non-partisan board of directors Palestinian voters. In Mexico it aids a coali- sets its policies and strategies. The Endow- tion that focuses on electoral reform, polit- vide payments to family members of ment channels its support directly to grant- ical participation and accountability of pub- the Japanese Latin American who were ees or through four core institutes: the Cen- lic officials. NED even funds initiatives to detained. After so many years, that ter for International Private Enterprise, the strengthen democracy and human rights would be the right thing to do.∑

VerDate Aug 31 2005 00:20 Jul 01, 2008 Jkt 041999 PO 00000 Frm 00107 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S25SE6.REC S25SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S11318 CONGRESSIONAL RECORD — SENATE September 25, 1996 TRIBUTE TO VIC HELLARD, JR. Mr. President, I ask that the testi- here today for myself and my brother and sister. I hope you can help us. ∑ Mr. MCCONNELL. Mr. President, I mony from the first panel of this ad rise today to pay tribute to a man who hoc hearing be printed in the RECORD. TESTIMONY OF JODY HAYES, SEPTEMBER 11, 1996 dedicated most of his career to making The testimony follows: Kentucky government run more TESTIMONY OF JUSTIN HOOVER, SEPTEMBER 11, My name is Jody Hayes. I am a Police Offi- 1996 cer with the West Des Moines Police Depart- smoothly. For over 20 years, Vic ment located in Iowa. I have been an officer Hellard, Jr., who passed away Sep- Hello, my name is Justin Hoover. I am twelve years old and a sixth grader at Clegg for seven years. I have served as a patrol offi- tember 18, worked behind the scenes as Park Elementary School in West Des cer on the street for three of those years. For the glue that held the Kentucky Gen- Moines, Iowa. the past four years I have been a community eral Assembly together. I would like to tell you how I became ad- relations officer. I teach a wide variety of Vic Hellard was born and raised in dicted to cigarettes. I tried my first ciga- safety education programs to the public, Versailles, KY, the son of a Ford deal- rette when I was six years old. My mother with my primary responsibility focused on er. He received his undergraduate de- smokes and always kept a carton of ciga- teaching drug awareness to the youth of gree from Eastern Kentucky Univer- rettes in her bedroom. I would see her go West Des Moines. I do this through the D.A.R.E. program (Drug Abuse Resistance sity and earned a law degree from the into her drawer and take a pack of smokes out every now and then. I had an older broth- Education). I am here today to share with University of Kentucky. In fact, Vic er that was fifteen then and saw him and my you my concern over tobacco use among and I attended law school together. He mother smoking all the time. I wanted to be youth. later practiced law in Versailles and older than I was and thought smoking was As a police officer, I have had the unfortu- was twice elected to the State House of cool and would show everyone that I wasn’t nate experience of seeing how bad the drug Representatives. a little kid. One day I stole a pack of ciga- problem in society really is. I see kids as After a year as chief counsel to rettes from my mother’s drawer, went out- young as twelve years old walking home House Speaker Bill Kenton, Mr. side and smoked four or five. My little sister from school with cigarettes in their hand. told my mother I was smoking. She found The police department has hundreds of cases Hellard was hired as director of the on file where youth have been caught trying Legislative Research Commission—the me smoking them. My mother told me that I was never to smoke again or I would be in to steal cigarettes from stores because administrative and research arm of the big trouble. She said that even though my they’re not old enough to purchase them. General Assembly. He held this posi- brother and her smoked, it wasn’t a good Our high school kids cross the street at tion from 1977 until his retirement in thing to do. lunchtime to smoke their cigarettes so they 1995. This career spanned a period of I didn’t smoke again until I was nine. I don’t get in trouble by the school for smok- sweeping change in Kentucky govern- started again because I thought it was the ing on the grounds. It is not uncommon to ment. cool thing to do. I saw people smoking on see twenty or thirty teenagers smoking Former House Speaker Bobby Rich- T.V. shows, when we went out to eat, driving across from the school during and after it lets out. There are countless teenagers in ardson told the Courier-Journal, ‘‘Vic’s down the street on billboards and in stores I would always see tobacco advertisements es- our community that have worn a hole in legacy is that he turned the LRC into pecially Joe Cool for Camel cigarettes and I their jeans from carrying a chewing tobacco a professional, informed support staff always thought it looked kind of cool. I can in the back pocket. Tobacco use among for the legislature, which allowed the started sneaking cigarettes from my mother teenagers is the worst I have ever seen. legislature to become an equal partner again I did that for awhile until I needed Some parents that I talk with say ‘‘Well, if with the governor.’’ more than just one or two a day. I started to all they do is smoke or chew tobacco, then Attorney General Ben Chandler said steal cigarettes and sometimes chewing to- that’s not so bad. It’s not like they’re doing of Mr. Hellard, ‘‘He was the shepherd of bacco from stores. Sometimes I would sneak drugs.’’ The D.A.R.E. curriculum, which is out of the house to steal them from conven- currently taught to children in every state legislative independence, but he never within America, defines the word drug as accepted the credit he deserved for ience stores late at night because that was when the clerk was in the back room a lot this: Any substance other than food that can anything he did. That was part of his making it easier to get away with. I tried to affect the way your mind and body work. charm.’’ stop three times, but never made it longer Some people would lead you to believe to- Mr. Hellard was also known for re- than five days before I started again. I would bacco doesn’t affect both your mind and maining above the fray. He was always smoke butts that I found in the ashtray at body. courteous to lawmakers regardless of the store across the street. Sometimes I First, let us consider if it affects the body. their party affiliation or seniority. He would pick up a bunch of used butts, take What about the high school athlete that used to be the best in his/her class that has now always avoided partisan and factional several of them and pour the unused tobacco on a piece of paper and try to roll my own. taken up smoking? They can’t make it rivalries. around the track during practice, or run Vic Hellard, Jr. is survived by his Sometimes I would drop the cigarettes in the house burning the carpet and furniture. One down field to catch a pass during the big wife, Ellen Carpenter Hellard, his night I fell asleep and dropped a cigarette on game, or even swim an entire lap in the pool mother, Leona Tilghman Hellard, and the bed. It caught fire and we had to put it because the cigarettes have limited their ox- two brothers, George D. and Ronald W. out. No one was hurt. ygen intake? What about the band or chorus Hellard. I ask that my colleagues join I am now smoking seven cigarettes a day. member who can’t seem to manage enough me in paying tribute to this out- One in the morning, and six after school and air to play their instrument or to reach the standing Kentuckian.∑ before bedtime. Officer Hayes and my moth- next note they have to sing? What about the er have tried to help me stop, I have come deadly diseases that seem to follow tobacco f close, but can’t completely stop. use, like cancer or emphysema? What about AD HOC HEARING ON TOBACCO When I was told that I was going to come gum disease and yellow teeth? What about the tar left behind in their lungs causing ∑ to Washington, DC, I was embarrassed to tell Mr. LAUTENBERG. Mr. President, people what I have done. But I know that them to wake every morning to the sound of on September 11, I cochaired with Sen- smoking is bad for me and can affect my coughing and hacking and their body trying ator KENNEDY an ad hoc hearing on the health. I don’t want my little brother and to flush the poison out of it’s system? Yes, problem of teen smoking. We were sisters to start smoking. My brother who is tobacco does affect the way the body works. joined by Senators HARKIN, three acts like his crayons are cigarettes be- Does tobacco affect the mind? An addiction is defined in the dictionary as this: ‘‘To be- WELLSTONE, BINGAMAN, and SIMON. Re- cause he sees all of us smoking. If things come psychologically or physiologically de- grettably, we were forced to hold an ad don’t change, I am sure he will follow in my footsteps. That would make me feel bad. pendent upon something.’’ Since the word hoc hearing on this pressing public I believe the only way I will be able to stop psychological refers to the mind and behav- health issue because the Republican smoking is if I can’t get them. If stores make ior, I think it would be safe to say yes, to- leadership refused to hold a regular them harder to steal, and there are no more bacco does affect the way your mind works. hearing, despite our many pleas. vending machines that sell them, I think I It is called addiction. Thus, tobacco is indeed Yesterday I entered into the RECORD could stop. As for my brother and sister, if I a drug that is both affecting our children’s the statements of the Senators who at- don’t smoke, and they don’t see cigarettes minds and bodies during the most vulnerable tended the hearing. Today I am enter- on T.V. or billboards I think they have a bet- time in their life. ing the testimony of the witnesses ter chance of not using them and becoming Cigarettes are a gateway drug, meaning addicted to cigarettes like me. they are opening the door for our youth to from the first panel which included Everyone else in my life has tried to help experiment with a world of even more deadly Justin Hoover, a 12-year-old addicted me stop smoking cigarettes. My mother, my drugs. After tobacco comes marijuana. ‘‘Why to tobacco, and his DARE officer, Jody brother, Officer Hayes, teachers, my prin- not,’’ the child asks. Why not try marijuana, Hayes. cipal and my counselor at school. I came I’m already getting smoke in my lungs from

VerDate Aug 31 2005 00:20 Jul 01, 2008 Jkt 041999 PO 00000 Frm 00108 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S25SE6.REC S25SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 25, 1996 CONGRESSIONAL RECORD — SENATE S11319 the cigarettes. After that comes all of the education instructors or supporters of these North Charlestown children now other drugs that society continues to lose wildlife scholarships, outdoor camps, attend school closer to home, but the children to, cocaine, heroin, and other community service activities transfer of the students frees up more methamphetamines, and LSD. The list goes such as Hunters for the Hungry, grand- space in the North Walpole School. The on and on. We have to stop where drug use starts and that is with tobacco. parents Beverly and Harriet, children expansion of the Farwell School has We can not allow the tobacco industry to Brad and Jennifer, and parents Harriet helped decrease the problem of over- brainwash our children, through colorful car- and Gary are there. population in the Walpole School. toon billboards and advertisements, into be- A focal point of the Coley family is The Farwell Trust, the group that lieving tobacco use as a hobby that is fun to their leadership role in the Wake Coun- previously owned the building and do. We can not allow them to advertise to- ty Wildlife Club. The club, which has land, donated the existing building, bacco products as a glamorous habit to be in- received several national and Gov- valued at $150,000, and the 5-acre prop- volved with to feel grown-up. Children are ernor’s conservation awards, promotes erty, valued at $100,000, to the Fall too vulnerable to expect them to resist these types of pressure. As a D.A.R.E. officer, I high standards of sportsmanship, exem- Mountain Regional School District. know how hard it is to convince youth to plary conduct afield, and greater out This gift freed the Farwell School from stand up to peer pressure, to face challenges door opportunities for all.∑ having to pay rent. These savings com- in their life; not escape them, and to ignore f bined with savings from the elimi- the curiosity surrounding drugs. The last nation of two bus routes to neighboring TRIBUTE TO THE COMMUNITY OF thing our children need is another type of North Walpole will save the school dis- NORTH CHARLESTOWN, NH, FOR pressure in their life. Tricky advertising trict money. techniques by the tobacco industry attempt RENOVATING THE FARWELL Before the Hill and St. Pierre fami- and often succeed in luring kids to try their SCHOOL lies offered their donations, Fall Moun- product. They place cartoon billboards where ∑ Mr. SMITH. Mr. President, I rise children play and go to school. They give tain voters rejected a new school for away thousands of promotion products such today to pay tribute to the families of several years. In response residents and as T-shirts, ball caps and jackets that we see Harvey Hill and Paul St. Pierre and all volunteers worked hard to raise $58,000 children wearing around the community. the residents of North Charlestown, in donations, which arrived in the They get T.V. role models and athletes the NH, who renovated a 105-year-old two- forms of money, supplies, and other es- kids look up to to advertise their products. room building to provide additional sential gifts. Even with these dona- Lastly, they portray tobacco use as the space for the Farwell School. The phi- tions, the new elementary school still grown-up thing to do, which again influences lanthropy of the Hill and St. Pierre would not have been possible without children that want to feel older, only need to families and their community is truly smoke to do so. It is a known fact that most financial assistance from the Hill and children will always want to be older than commendable. Last month, the resi- St. Pierre families. they are. This type of advertising plays on dents of North Charlestown gathered The students who now attend the that wish. I was surprised to learn the to- for a ribbon-cutting ceremony, a fam- Farwell School appreciate the commu- bacco industry can deduct the cost of adver- ily-style barbeque, and soccer games to nity’s hard work and dedication in tising from their taxes. This alone is an in- celebrate the recent opening of the new making their school truly the school centive for them to advertise more often. I Farwell School. that volunteers built. They are also was personally glad to see Senator Harkin Harvey Hill and his wife, Christina, grateful for the tremendous gift the introduce a bill that would put an end to who are North Charlestown residents, such a ridiculous tax deduction. Hill and St. Pierre families have given The fact is we can not change a child’s donated $450,000 for the construction of them. Indeed, the young children of wish to feel older. Although, we can change the old Farwell Elementary School. He North Charlestown are enthusiastic what they do to feel older. We can take away is the Editor of the Claremont Eagle about their new school. How wonderful the billboards advertising tobacco where our Times and a successful businessman in to know that the children of America, children play and go to school, and put up North Charlestown. Hill is a graduate who are the future of our country, are positive messages against drug use for them of the original Farwell School and has eager to receive an education. to see. We can make stricter consequences a daughter who now attends the new el- The expansion of the Farwell School for tobacco vending that sell to under age ementary school. Before the addition buyers without checking their identification would not have been possible without prior to the sell. We can get rid of the vend- was built, Hill’s daughter was bused to the generous donations from the resi- ing machines that offer tobacco products to the North Walpole School, which took dents of North Charlestown. I com- any one with enough change in their pocket a total of 2 hours every day. The Hill mend the Hill and St. Pierre families to buy them no matter the age. We need to and the St. Pierre families have tried for their generous outpouring of sup- put a stop to free tobacco samples and pro- several times to get a bond passed, but port, and all the volunteers who made motional items such as caps, shirts and jack- were unsuccessful. Harvey and his wife the Farwell School expansion possible. ets. We need to use our role models in soci- are pleased to have helped with the The North Charlestown residents ety to promote drug awareness instead of education of the children in the Fall drug use. Lastly but most importantly, we should be very proud of their new need to educate our children continuously as Mountain School District. school. They have given such a wonder- to the harmful effects of tobacco use. The St. Pierre Family also contrib- ful gift to the children in their commu- Yes, tobacco is a drug that will extinguish uted an enormous sum for the con- nity.∑ a child’s dreams and goals. It is a drug that struction of the new school. Paul and f will keep them from reaching their full po- Rolande St. Pierre are parents of thir- tential and it is a drug that will keep them teen children and operators of a suc- FORD MOTOR COMPANY’S 250– from living a long and prosperous life. Re- cessful construction business in North MILLIONTH VEHICLE member this, the children are our future, Charlestown. The family donated part ∑ and without our help they may not have a Mr. ABRAHAM. Mr. President, I rise future. Our children are in desperate need of of the land for the addition of the today to commemorate October 8, 1996 your help.∑ Farwell School. Additionally, the St. as a day on which the citizens of my f Pierres performed much of the con- State, and indeed the entire country, struction and site work for the build- can take great pride in the milestone HONORARY NATIONAL HUNTING ing, and donated $125,000. The St. of a true Michigan institution: Ford AND FISHING DAY FAMILY Pierre family, like the Hill family, did Motor Co. For on this day, the 250-mil- ∑ Mr. FAIRCLOTH. Mr. President, I not want North Charlestown children lionth Ford vehicle will roll off the as- rise today to honor the Gary F. Coley to have to ride the bus for two hours sembly line. family of Raleigh, NC. They have been every day. In 1903, the first Ford Model A was selected as the first-ever honorary The extra space in the Farwell built by 10 employees in a small con- hunting and fishing day family as part School provides several advantages for verted wagon factory in Detroit. More of the 25th anniversary celebration of the community of North Charlestown. than nine decades later, Ford still National Hunting and Fishing Day. For the last 16 years, 45 of the 80 stu- calls Michigan home, maintaining its In the Coley family, working for dents now attending the new Farwell world headquarters in Dearborn. It is wildlife is a natural and perpetual part School were bused to the North Wal- from these Michigan roots that Ford of enjoying the outdoors. As hunter pole School 16 miles away. Not only do has grown into its present status as a

VerDate Aug 31 2005 00:20 Jul 01, 2008 Jkt 041999 PO 00000 Frm 00109 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S25SE6.REC S25SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S11320 CONGRESSIONAL RECORD — SENATE September 25, 1996 global corporation. Ford cars, trucks Mongolia expressed yesterday by Sen- Boy Scout Troop 55 was founded in and components are made in 185 plants ator THOMAS, chairman of the Sub- January 1921 by the Whittier Men of in 36 countries on 5 continents and sold committee on East Asian and Pacific the First Congregational Church of in over 200 markets. Last year, world- Affairs, when he introduced legislation Meredith. Today, Troop 55 is sponsored wide sales revenues surpassed $137 bil- to extend nondiscriminatory trade sta- by the Meredith Kiwanis Club. For 75 lion, factory production exceeded 6.6 tus to that country. years, Troop 55 has accomplished a million vehicles, and the company em- Mongolia has made striking advances long history of achievement and serv- ployed more than 346,000 workers. toward the development of a demo- ice to their community. While the No car company has contributed cratic political system and a free mar- Troop has a number of accomplish- more to America’s love affair with the ket economy. This past July, Mongo- ments, their area of specialty is the automobile than Ford From the Model lians went to the polls and resound- preservation of elm trees throughout T to the F-Series pickup to the Escort, ingly voted into Government the New England. To preserve the elm Ford has built and sold some of the Democratic Opposition Party, ending trees, Troop 55 uses Dutch Elm trees, bestselling nameplates in automotive 75 years of control by Communists and history. Other Ford classics, such as which are especially resistant to dis- their heirs. The new Government’s ease. The members of Boy Scout Troop the Mustang and the Thunderbird, re- peaceful assumption of power under- main American cultural icons. 55 participate in the planting of these scores Mongolia’s rise to the front special Dutch Elm trees throughout Evidence of the positive impact of ranks of Asian democracies. The new New England. To further the use of Ford Motor Co. isn’t limited to our Government in Ulaanbataatar, more- Dutch Elm trees, Boy Scout Troop 55 roads and highways. The results of over, has outlined an ambitious plan founder Henry Ford innovative has their own nursery of trees. for faster and continued economic lib- adaption of the moving assembly line eralization and political reform. Troop 55 of Meredith is also very to automotive production, higher vol- Given these and other developments, proud of 10 of their members who have umes at lower costs, revolutionized in- I look forward to considering legisla- attained the Eagle Scout status. To be- dustrial manufacturing practices tion granting to Mongolia nondiscrim- come an Eagle Scout, a young man around the globe. And Henry Ford 1914 inatory trade status early in the next must earn badges for citizenship in the announcement that he would pay $5 for Congress.∑ community, citizenship in the Nation, an eight hour work day, twice the f and citizenship in the world. The Eagle going rate, spawned the creation of Scout designation is the highest at- high-skilled, high-wage jobs for Amer- TRIBUTE TO THE NEW HAMPSHIRE ican automotive workers. BOY SCOUTS OF AMERICA TROOP tainable rank for a young man. Those It is often said that Ford Motor Com- NO. 55 ON THE OCCASION OF who achieve it have every reason to be pany ‘‘put the world on wheels,’’ and I THEIR 75TH ANNIVERSARY proud. like to believe Michigan played an in- ∑ Mr. SMITH. Mr. President, I rise The Boy Scouts of America promote tegral role in this accomplishment. Our today to pay tribute to the New Hamp- citizenship, character-building, and State has always offered an exceptional shire Boy Scouts of America Troop No. community service among the boys of standard of living for its residents, in 55 as they celebrate their 75th anniver- our country. This organization also no small measure due to the presence sary. Troop 55 has diligently served the provides respectable, solid role models of Ford, its suppliers and customers. New Hampshire town of Meredith and for the youth of our Nation and teaches On behalf of my colleagues, I congratu- the New England region for 75 years. them about commitment, dedication, late Ford and its employees on this The troops members and their family and hard work. Members of the Boy special occasion, and look forward to and friends will celebrate this impres- Scout Troops of America learn valu- celebrating future milestones with sive milestone on September 28th in able skills that serve them for a life- Ford Motor Co. and its home State. Hesky Park, Meredith, with a special time. I am proud to honor such an out- f presentation and a cookout. I am proud standing Boy Scout troop in New MONGOLIA to congratulate Troop 55 for 75 years of Hampshire. Congratulations to all the ∑ Mr. ROTH. Mr. President, I rise dedication to New Hampshire and New members of Troop 55 on reaching this today to add to the words of praiseh for England. remarkable milestone.∑ FOREIGN CURRENCY REPORTS In accordance with the appropriate provisions of law, the Secretary of the Senate herewith submits the following re- port(s) of standing committees of the Senate, certain joint committees of the Congress, delegations and groups, and select and special committees of the Senate, relating to expenses incurred in the performance of authorized foreign travel:

CONSOLIDATED REPORT OF EXPENDITURE OF FOREIGN CURRENCIES AND APPROPRIATED FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), FOR TRAVEL AUTHORIZED BY DEMOCRATIC LEADER FROM APR. 3 TO 12, 1996

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator Tom Daschle: Croatia ...... Dollar ...... 280.00 ...... 280.00 Hungary ...... Forint ...... 121,126 853.00 ...... 121,126 853.00 Albania ...... Dollar ...... 178.00 ...... 178.00 Macedonia ...... Dollar ...... 199.00 ...... 199.00 Slovenia ...... Dollar ...... 217.00 ...... 217.00 Senator Orrin G. Hatch: Croatia ...... Dollar ...... 280.00 ...... 280.00 Hungary ...... Forint ...... 121,126 853.00 ...... 121,126 853.00 Albania ...... Dollar ...... 178.00 ...... 178.00 Macedonia ...... Dollar ...... 199.00 ...... 199.00 Slovenia ...... Dollar ...... 217.00 ...... 217.00 Senator Harry Reid: Croatia ...... Dollar ...... 280.00 ...... 280.00 Hungary ...... Forint ...... 121,126 853.00 ...... 121,126 853.00 Albania ...... Dollar ...... 178.00 ...... 178.00 Macedonia ...... Dollar ...... 199.00 ...... 199.00 Slovenia ...... Dollar ...... 217.00 ...... 217.00 Laura Petrou: Croatia ...... Dollar ...... 280.00 ...... 280.00 Hungary ...... Forint ...... 121,126 853.00 ...... 121,126 853.00 Albania ...... Dollar ...... 178.00 ...... 178.00 Macedonia ...... Dollar ...... 199.00 ...... 199.00

VerDate Aug 31 2005 00:20 Jul 01, 2008 Jkt 041999 PO 00000 Frm 00110 Fmt 4624 Sfmt 8634 J:\ODA16\1996_F~1\S25SE6.REC S25SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 25, 1996 CONGRESSIONAL RECORD — SENATE S11321 CONSOLIDATED REPORT OF EXPENDITURE OF FOREIGN CURRENCIES AND APPROPRIATED FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), FOR TRAVEL AUTHORIZED BY DEMOCRATIC LEADER FROM APR. 3 TO 12, 1996—Continued

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Slovenia ...... Dollar ...... 217.00 ...... 217.00 Paul Matulic: Croatia ...... Dollar ...... 280.00 ...... 280.00 Hungary ...... Forint ...... 121,126 853.00 ...... 121,126 853.00 Albania ...... Dollar ...... 178.00 ...... 178.00 Macedonia ...... Dollar ...... 199.00 ...... 199.00 Slovenia ...... Dollar ...... 217.00 ...... 217.00 Jan Paulk: Croatia ...... Dollar ...... 280.00 ...... 280.00 Hungary ...... Forint ...... 121,126 853.00 ...... 121,126 853.00 Albania ...... Dollar ...... 178.00 ...... 178.00 Macedonia ...... Dollar ...... 199.00 ...... 199.00 Slovenia ...... Dollar ...... 217.00 ...... 217.00 Delegation expenses: 1 Croatia ...... 627.47 ...... 627.47 Hungary ...... 4,455.67 ...... 4,455.67 Albania ...... 856.22 ...... 856.22 Macedonia ...... 1,515.41 ...... 1,515.41 Slovenia ...... 780.74 ...... 780.74 Bosnia-Herzegovina ...... 617.50 ...... 617.50 Total ...... 10,362.00 ...... 8,853.01 ...... 19,215.01 1 Delegation expenses include direct payments and reimbursements to the Department of State and the Department of Defense under authority of Sec. 502(b) of the Mutual Security Act of 1954, as amended by Sec. 22 of P.L. 95–384, and Senate Resolution 179, agreed to May 25, 1977. TOM DASCHLE, h Democratic Leader, Sept. 3, 1996. MEASURE READ FOR THE FIRST (The conference report is printed in short shrift to the third—managing the TIME—H.R. 4134 the House proceedings of the RECORD of intelligence community. The result has Mr. GRASSLEY. Mr. President, I un- September 24, 1996.) been an unfortunate lack of coordina- Mr. SPECTER. Mr. President, I am derstand that H.R. 4134 has arrived tion and focused effort by our various pleased to be able to submit for my col- from the House, and I ask for its first intelligence agencies. This is not to say leagues’ consideration the conference reading. that our intelligence agencies have not report on H.R. 3259, the Intelligence The PRESIDING OFFICER. The been successful. The opposite is true: Authorization Act for Fiscal Year 1997. clerk will report. the United States has the premier in- As you know, the Senate passed its au- The legislative clerk read as follows: telligence apparatus in the world. But thorization bill only last week and this because they are scattered among so A bill (H.R. 4134) to amend the Immigra- may be an unprecedented turnaround many different departments and agen- tion and Nationality Act to authorize States time from passage of our bill to consid- to deny public education benefits to aliens cies they have not been able to operate not lawfully present in the United States eration of the conference report. For as efficiently and effectively as they who are not enrolled in public schools during this, I want to thank House Chairman could. the period beginning September 1, 1996, and LARRY COMBEST for his outstanding Title VIII of the conference report— ending July 1, 1997. management of what could have been a the Intelligence Renewal and Reform Mr. GRASSLEY. Mr. President, I now difficult effort at reconciling our two Act of 1996—contains provisions in- ask for its second reading, and I object bills. Ranking Member NORMAN DICKS tended to strengthen the overall man- to my own request on behalf of Sen- and Vice Chairman ROBERT KERREY agement of the intelligence commu- ators on the Democratic side of the played equally valuable roles in finding nity. aisle. the right balance between ardently ad- In particular, to help the DCI per- The PRESIDING OFFICER. Objec- vocating their positions and ensuring form his community responsibilities, tion is heard. eventual passage of this important leg- title VIII establishes a new Senate-con- islation. firmed Deputy Director of Central In- f The rapid progress of this conference telligence for Community Management report is all the more noteworthy in and three new Senate-confirmed As- INTELLIGENCE AUTHORIZATION that, in addition to the usual annual sistant Directors of Central Intel- ACT FOR FISCAL YEAR 1997— authorization of expenditures for intel- ligence. Since the National Security CONFERENCE REPORT ligence and intelligence-related activi- Act was enacted in 1947, there have Mr. GRASSLEY. Mr. President, I ties, this year’s authorization bill adds been only two statutory positions to submit a report of the committee of important new provisions to the Na- manage the intelligence community: a conference on (H.R. 3259) and ask for tional Security Act of 1947 designed to Director of Central Intelligence and a its immediate consideration. help the Director of Central Intel- Deputy Director of Central Intel- THE PRESIDING OFFICER. The re- ligence [DCI] exert stronger direction ligence. The time has come to give the port will be stated. and control over the intelligence com- DCI a better community management The legislative clerk read as follows: munity. structure. The conference report pro- The committee on conference on the dis- Let me remind my colleagues that vides that the DDCI for Community agreeing votes of the two Houses on the under the National Security Act the Management will manage an intel- amendment of the Senate to the bill (H.R. DCI wears three hats: principal intel- ligence community staff and will direct 3259) to authorize appropriations for fiscal ligence adviser to the President and communitywide functions, including year 1997 for intelligence and intelligence-re- the National Security Council; Direc- personnel, resources, requirements, lated activities of the United States Govern- ment, the Community Management Account, tor of the Central Intelligence Agency; collection, research and development, and the Central Intelligence Agency Retire- and head of the intelligence commu- and analysis and production. Each of ment and Disability System, and for other nity, which is composed of 13 different the three Assistant DCI’s will oversee purposes, having met, after full and free con- intelligence agencies. communitywide efforts in a particular ference, have agreed to recommend and do For a variety of reasons, a long suc- functional area: collection, analysis recommend to their respective Houses this cession of DCI’s have devoted almost and production, and administration. report, signed by a majority of the conferees. all of their time and energy to their I should mention that the DCI has The Senate proceeded to consider the first two jobs—advising the President expressed some concern about whether conference report. and running the CIA—and have given the three Assistant DCI’s should all be

VerDate Aug 31 2005 00:20 Jul 01, 2008 Jkt 041999 PO 00000 Frm 00111 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S25SE6.REC S25SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S11322 CONGRESSIONAL RECORD — SENATE September 25, 1996 Presidential appointments subject to rity Division manages a significant it has been a productive tenure. Begin- Senate confirmation. While noting the portion of the national intelligence ning in early 1995 with the confirma- DCI’s concerns, a majority of the con- budget and concluded that it is wholly tion of a new Director of Central Intel- ferees concluded that the advantages of appropriate to give the DCI some voice ligence and Deputy Director of Central Senate-confirmation outweigh any po- in his or her appointment. Intelligence and culminating with the tential disadvantages. In light of the In addition to having a stronger passage today of significant legislation fact that the three Assistant DCI’s will voice in appointments, the DCI is given to strengthen the ability of the intel- be responsible for coordinating func- new statutory authority to participate ligence community to meet the needs tions that cut across a number of dif- in the preparation of defense intel- of the post-cold-war world, the past 2 ferent departments and agencies, the ligence budgets and to be consulted years have seen this committee address conferees determined that Senate con- with respect to reprogrammings of virtually all of the important national firmation is necessary to ensure that funds among defensewide intelligence security issues confronting the coun- each of these individuals has sufficient activities. For the first time, the DCI try. Through hearings, intensive in- stature and focus to impose a more co- is also given the statutory right to es- quiries, committee reports, and legisla- hesive and coherent process for allo- tablish intelligence collection require- tion, the SSCI has examined the grow- cating resources in each of these key ments and priorities, and to resolve ing transnational threats of terrorism, functional areas. conflicts in collection priorities. narcotics, proliferation of weapons of The DCI has also questioned whether I also want to take a moment to ad- mass destruction, organized crime, and Senate confirmation of the Assistant dress the press reports that opposition economic espionage. We have contin- Directors is warranted given the lim- from the Department of Defense killed ued the committee’s focus on counter- ited authority vested in these posi- intelligence reform this year. It is true intelligence and the fallout from the tions. In fact, the statutory authority that bureaucratic resistance to change treachery of Aldrich Ames, reopened vested in these positions is the full au- threatened reform efforts and that longstanding inquiries into the role of thority of the DCI for each respective both the Senate and House Intelligence the intelligence community in Central area. Thus, the actual authority exer- Committees agreed to scale back some America, explored the risks and bene- cised by the Assistant Directors will of their proposals in the interest of en- fits of economic intelligence collection, depend in large measure on the author- suring passage of the bill. However, overseen intelligence support to mili- ity the DCI chooses to delegate and many very significant provisions re- tary operations in Bosnia, the Persian support. main. The conference report gives the Gulf, Somalia, Haiti, and elsewhere, In addition to creating a better intel- DCI important new authorities to man- and provided insights to the Senate on ligence community management team, age the intelligence community and, intelligence-related aspects of arms the bill gives the DCI significant new for the first time in 50 years, estab- control. management authorities. For example, lishes a new intelligence community The role that the Vice Chairman has the Secretary of Defense will be re- management structure. We expect played in these committee endeavors quired to obtain the DCI’s concur- these provisions will go far to make cannot be overstated. Senator KERREY rence—or note the DCI’s lack of con- the intelligence community operate brings a keen mind and deep personal currence—before recommending an in- more effectively and more efficiently. commitment to the committee’s task dividual to the President to be Director In short, to paraphrase Mark Twain, of ensuring that this country has the of the National Security Agency, the the reports of the death of intelligence best possible intelligence capability— National Reconnaissance Office, and reform are greatly exaggerated. one that is effective, efficient, and op- the new National Imagery and Mapping With the end of the 104th Congress, erates in a manner fully consistent Agency. The DCI will also have to be we mark a significant milestone in the with American laws and values. The consulted regarding the appointments history of this Senate, the executive Vice Chairman and I have not always of the heads of the smaller intelligence branch, and most of all, the intel- agreed on every aspect of every issue, community elements, including the ligence community. Twenty years ago, although the areas of disagreement Defense Intelligence Agency, the State on May 19, 1976, the Senate adopted have been remarkably rare. Senator Department’s Bureau of Intelligence Senate Resolution 400, establishing the KERREY has always approached these and Research, and the FBI’s National Select Committee on Intelligence. The issues with characteristic grace and Security Division. In addition, separate following day, May 20, 15 Senators were good humor. A determined advocate, he provisions added to this year’s DOD au- appointed to this committee, with Sen- nevertheless finds ways to work thorization bill require the DCI to sub- ator Inouye as its Chairman and Sen- through problems in a principled man- mit an annual performance evaluation ator Howard Baker its Vice Chairman. ner totally devoid of partisanship. As of the heads of the major defense intel- Thus, from the very beginning, the those of you who have had the privilege ligence agencies to the Secretary of nonpartisan nature of the committee to serve on the Intelligence Committee Defense. These provisions are very sig- was reinforced with the seating of a know, the issues do not all have the nificant. Previously, the DCI had little Vice Chairman rather than a ranking glamour of James Bond adventures or or no say in the appointments or eval- member. This nonpartisan attitude has the sensationalism of front page scan- uation of the heads of the major oper- continued for 20 years, with the Chair- dals. Senator KERREY has shown a will- ating elements of the intelligence com- men and Vice Chairmen working to- ingness and an acumen for tackling munity. gether overseeing U.S. intelligence, even the most technical and obscure I should note that the Director of the and at the same time ensuring that aspects of the committee’s work where FBI objected strenuously to requiring this important instrument of national the effectiveness of our intelligence ca- the DCI to be consulted before the At- security is maintained. pability is at stake. torney General appoints the head of Mr. President, I ask unanimous con- Senator KERREY’s outstanding at- the FBI’s National Security Division. sent that a brief statement outlining tributes are echoed in his staff director Director Freeh appeared to be con- the impressive history of this com- for the committee, Chris Straub. Mr. cerned that requiring consultation mittee be printed in the RECORD at the Straub has brought the same kind of might somehow make the FBI Director conclusion of my statement. nonpartisan professionalism to his appear to be subservient to the DCI. In The PRESIDING OFFICER. Without work for the committee over the past 8 response to these concerns, the con- objection, it is so ordered. years. I have always found Chris fair, ferees agreed to modify the original [See exhibit 1.] tough, and knowledgeable. Senate provision to require the FBI Di- Mr. Speaker, the conclusion of the I also want to recognize Art Grant, rector to give the DCI timely notice of 104th Congress also marks the end of the minority deputy staff director, his recommendation of an individual to my term as chairman of the Senate Se- whose command of the complex and at fill the position, and to give the DCI an lect Committee on Intelligence. times arcane world of intelligence sat- opportunity to consult. While agreeing Thanks in large measure to the com- ellites has contributed greatly to the to these changes, the conferees noted mitment of the Vice Chairman, Sen- committee’s oversight responsibilities that the Director of the National Secu- ator BOB KERREY, and a dedicated staff, in this area.

VerDate Aug 31 2005 00:20 Jul 01, 2008 Jkt 041999 PO 00000 Frm 00112 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S25SE6.REC S25SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 25, 1996 CONGRESSIONAL RECORD — SENATE S11323 Which brings me to the committee’s result of the Senate Select Committee to ported because of the sensitivity of hearing staff director, Charles Battaglia. When Study Governmental Operations With Re- information. The Select Committee on Intel- I first joined the committee in 1984, I spect to Intelligence Activities, or the ligence remains the only Committee of ei- was determined to hire a staff person Church Committee, which was set up to ex- ther House to have a Reporter as a staffer. amine allegations of intelligence abuses by In late November 1986, the Select Com- with extensive intelligence experience various intelligence agencies. The findings of and an excellent reputation within his mittee on Intelligence was the first Com- this Committee were ample evidence that ex- mittee to begin an investigation into the field. I was lucky enough to find some- isting Congressional mechanisms were inad- one who not only had these qualities Iran-Contra matter. Between the initiation equate to meet the need for continual, fo- of its investigation on December 1, 1986, and cused, institutionalized oversight of the In- but also possessed the patience, per- the publication of its public report on Janu- telligence Community. spective, and perseverance that are es- ary 29, 1987, the Select Committee held over The Intelligence Committee responded sential to a successful working rela- 50 hearings and interviews into the Iran- tionship in this hectic institution. It promptly to the need for changes highlighted by the Church Committee. Working with the Contra matter. Following these events, S. was Charles Battaglia who urged that Judiciary Committees of each house, the in- 1721, the Intelligence Oversight Act of 1987, the committee move from the designee telligence committees developed legislation and S. 1818, the National Security Act of system, where each Member could known as the Foreign Intelligence Surveil- 1987, were introduced and brought clearly bring on their own staff person—often lance Act of 1978 which, for the first time, re- into focus the need for agreement between resulting in staffers with little or no quired that a court order be obtained from a the Administration and the Congress on re- special court established under the Act as a porting requirements and covert action find- intelligence background who’s focus ing notification. was more on individual Member issues condition for undertaking electronic surveil- than on the core work of the com- lance for intelligence purposes within the The Committee reported on many other United States. Prior to that time, such sur- matters of concern during 1987 and 1988. An mittee—to a fully professional, non- veillance had been carried out without a extensive investigation resulted in a report partisan staff. This was not an easy search warrant or court order, pursuant to on the security at the United States mission transition, but Charles Battaglia has the asserted constitutional authority of the in Moscow and other areas of high risk. An managed to ensure Members’ needs are President. The Committee, in the 95th Con- exhaustive Committee and staff inquiry re- met without sacrificing the essential gress, also was the first to begin work on leg- sulted in the publication of a report on the work of the committee staff. The result islation to address the problem of monitoring and verification of the Treaty on is a stronger, more cohesive staff and ‘‘Graymail’’, i.e., the threat by defendants to the Elimination of Intermediate-Range and committee. Mr. Battaglia has been an disclose highly classified information if they Shorter Range Missiles, the INF Treaty. The were prosecuted. The committees were in- excellent manager, valued adviser, and Committee further investigated and reported strumental in the enactment of the Classi- on the FBI’s mishandling of a domestic case good friend. fied Information Procedures Act of 1980, involving the Committee in Solidarity with In addition, I would like to thank the which established statutory procedures for the People of El Salvador, or CISPES. While other members of the committee staff, handling classified information involved in a the Committee determined that there were particularly Suzanne Spaulding, the Federal criminal proceeding. improprieties in the FBI investigation, it committee’s general counsel, and her Perhaps the most striking fact that we en- also determined that this was an aberration, legal staff, Mark Heilbrun and John counter when we look back 20 years, how- and that the Bureau continually held to the Bellinger, for their hard work on this ever, is how many of the issues then con- high standards that were demanded of it. fronting the Committee are still relevant. legislation and on the many legal The 1980’s were also the ‘‘Decade of the Hearings were held in 1977 on the question of Spy.’’ By the end of 1987, over 20 Americans issues which have confronted the com- whether or not to declose the bottom line had been implicated in espionage or were in- mittee over the last 2 years; senior amount of the intelligence budget, a ques- vestigated on counterintelligence grounds. staff member Ed Levine, who has led tion with which we are still wrestling. The In hindsight, we now know that beginning the committee’s inquires into issues Committee looked into the involvement of with the Walker-Whitworth, Pollard and the National Security Agency in developing such as the flow of Iranian arms into Pelton cases in 1985, was Aldrich Ames, who the Data Encryption Standard. Today, we Bosnia and human rights abuses in began his traitorous career in 1985 and lasted are looking into the development of new Guatemala, managing to draft com- until 1994. encryption standards in an effort headed by mittee reports on these potentially di- Following hearings in 1987 and 1988, the visive issues in a manner that is fair, NSA. Again, in the 95th Congress the Com- mittee published a case study on ‘‘Activities Committee established an independent In- accurate, and thorough; the commit- of ‘Friendly’ Foreign Intelligence Services in spection General for the CIA. This legisla- tee’s budget director, Mary Sturtevant, the United States.’’ Presently, in Congress tion was included in the Intelligence Author- whose mastery of every nook and cran- we are looking into activities within the ization Act of 1990, and the first statutory ny of the dispersed and complex intel- continental United States of the intelligence Inspection General at the Central Intel- ligence community apparatus has been services of allies and adversaries in the field ligence Agency was confirmed in the fall of essential to our oversight function; and of economic espionage. The Committee also that year. Pat Hanback, whose audit team has published its first report on terrorism in the In the aftermath of the Iran-Contra affair, provided professional, detailed reviews 1970’s. legislation was introduced with the objective One of the most important activities of the of clarifying the roles of the President and of areas of oversight concern and has Senate Select Committee in the 1970’s was made many important recommenda- the Congress in approving and overseeing in- its involvement in S. 2525, The National In- telligence activities, particularly covert ac- tions for improvements. telligence Reorganization and Reform Act of tions. The legislation also provided that I would like to express my gratitude 1978, for out of this effort was born the duty Presidential finding must be written, and de- as well to the committee’s support of the Intelligence Community to ensure fined what a covert action is and is not. staff for its professionalism in the face that both the House and Senate Intelligence After much negotiation, the FY 1991 bills of continuing demands. Jim Wolfe, the Committees were ‘‘fully and currently in- was signed into law in August 1991. formed of all the national intelligence ac- committee’s security director, and his Convinced of the growing threat posed to staff did yeoman work in successfully tivities,’’ to include, ‘‘any significant antici- pated intelligence activity.’’ This has proven international stability by the proliferation maintaining the security of a vast to be central to the Committee’s ability to of weapons of mass destruction, the Com- array of classified material. Kathleen carry out its oversight responsibilities. mittee, through the FY91 Intelligence Au- McGhee, the committee’s chief clerk, As we moved into the 1980’s, a new Admin- thorization Bill, instructed the DCI to estab- and the rest of the staff literally made istration brought a new Director of Central lish a mechanism to deal with these growing the engine run. I will thank each of Intelligence. The legislative underpinnings threats. This led to the development of the DCI’s Nonproliferation Center to look into them personally at a later time. in place were to be sorely tested in the com- ing years, but in the end, they held up under the spread of chemical biological and nuclear Mr. President, the outstanding ef- weapons. forts of the entire committee staff and great pressure. In the early 1980’s the Com- membership is reflected in this Intel- mittee looked into and reported on such dis- Robert M. Gates, who had been Deputy Di- parate matters as the U.S. capability to rector of Central Intelligence under Director ligence Authorization Act for Fiscal monitor the SALT II treaty; Soviet succes- Casey, had been nominated for the position Year 1997 and I urge its passage. sion; political violence in El Salvador; the of DCI after Director Casey’s death in 1987. THE SENATE SELECT COMMITTEE ON INTEL- Soviet presence in the United Nations; un- He pulled his nomination when Members LIGENCE: TWENTY YEARS OF INTELLIGENT rest in the Philippines; and renewed counter- raised questions about his role in Iran- OVERSIGHT intelligence and security concerns in the Contra. In mid-1991 he was again nominated The Senate Select Committee on Intel- United States. In 1983 the Committee hired, to the Director of Central Intelligence. The ligence was established in 1976 directly as a as a full time staff employee, a Court Re- confirmation hearings for Mr. Gates to be

VerDate Aug 31 2005 00:20 Jul 01, 2008 Jkt 041999 PO 00000 Frm 00113 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S25SE6.REC S25SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S11324 CONGRESSIONAL RECORD — SENATE September 25, 1996 DCI in September and October 1991 were un- Controversy, however, seems to have found strong and effective institutional mecha- precedented in terms of their scope and sub- a home in the Intelligence Community. nisms to perform that crucial oversight. stance. Eight days of hearings were held, in- Charges arose in the mid-1990’s that the Cen- Mr. KERREY. Mr. President, the con- cluding seven in public session. The nomi- tral Intelligence Agency had been involved ference report accompanying the fiscal nee’s role in the so-called Iran-Contra affair with and had knowledge of several events in was explored at length, as were allegations Guatemala. The Committee, again through year 1997 Intelligence Authorization that during the tenure of the nominee as hearings, staff interviews and record reviews, Act highlights the results of signifi- Deputy Director for Intelligence the nomi- investigated the events surrounding the ab- cant efforts by many people. This bill nee undertook actions resulting in the duction and murder of an American who ran creates important changes which will ‘‘politicization’’ of intelligence, or the shap- a small hotel in Guatemala, Michael DeVine; help to improve the Director of Central ing of intelligence for political purposes. At the kidnapping, rape and torture of Sister Intelligence’s ability to manage the in- the conclusion of the Committee’s inquiry, Diana Ortiz; and the disappearing of Efraim telligence community and also im- the Committee issued a 225 page report of its Bamaca, a Guatemalan guerrilla married to findings. In the end, the nomination was ap- an American, Jennifer Harbury. In each of proves oversight of the Nation’s intel- proved by the Committee and subsequently these cases, claims have been made that the ligence activities. It is an important approved by the full Senate. CIA had knowledge of or that agents of the step in reforming and renewing the in- In October 1992, the Committee began an CIA were involved in the events themselves. telligence community. inquiry into the Intelligence Community’s Following up on information learned as a I would like to thank Chairman role in the Banca Nazionale del Lavoro, or result of the Ames inquiry, the Committee BNL, affair. This initial inquiry by the Com- investigated a series of events in the CIA’s SPECTER for his bipartisan approach to mittee resulted in a full staff investigation Intelligence Directorate where material pre- the intelligence community’s prob- of the matter. After an intensive investiga- pared for the highest policymakers in the na- lems. Intelligence can become the topic tion, the staff prepared a 163 page report re- tion was inappropriately identified as to its of partisan debate if we are not careful leased on February 4, 1993, which focused on source. For a period of time, intelligence to preserve its goal of providing the un- the Intelligence Community’s involvement that the CIA knew was from controlled or varnished truth to policy-makers—con- in the affair, and found numerous institu- co-opted sources was delivered to policy- gressional as well as executive branch. tional weaknesses in the relationship be- makers without proper warnings that the re- tween intelligence and law enforcement, as ports did come from controlled sources. Because of the important issues at well as serious errors in judgment by offi- The Committee is presently involved in in- stake, there have been many opportu- cials of the CIA, the Defense Intelligence vestigating the role of U.S. officials in the nities throughout this year for par- Agency, and the Department of Justice. flow of arms from Iran to Bosnia at a time tisan politics to enter the intelligence Other efforts by the Committee in 1992 in- when there were U.S. and UN sanctions ac- community’s analysis of what threat- cluded the Assassination Materials Disclo- tive against such shipments. ens our vital interests. But Chairman sure Act of 1992, which fostered the release of Throughout this 20 year period, two things SPECTER has steadfastly resisted any materials concerning the assassination of have stood true. The dedication of the Mem- President John Kennedy; a report on the bers of the Senate to this Committee—a effort in that direction. As his term as Treaty on the Reduction of Limitation of Committee assignment which garners more chairman comes to a close, I salute Strategic Offensive Arms, or START; and headaches than headlines—and the dedica- him for his wise and farsighted leader- many other activities surrounding chemical, tion of a truly professional staff which han- ship during a period of great challenge biological, and nuclear weapons, Iraqi disar- dles the most sensitive material our nation for the Intelligence Committee. He mament, covert action, and so forth. produces. Since 1976, 61 Senators have served turned those challenges into accom- Counterintelligence rose to the fore with on the Senate Select Committee on Intel- the February 1994 arrest of CIA employee Al- plishments, including the significant ligence, and there have been a total of 221 reforms contained in this conference drich Ames. After extensive hearings the staff members. Committee issued an analysis of the Ames As the Senate begins its third decade of report. Chairman SPECTER has also case in November 1994. In addition to criti- oversight of the Intelligence Community, it acted on behalf of the entire Senate to cizing the leniency of the internal discipli- can look back with some pride on the suc- provide thorough and attentive over- nary actions promulgated by the DCI, the cesses of the institutional framework it es- sight of this Nation’s intelligence ac- Committee found ‘‘numerous and egregious’’ tablished. Oversight of intelligence has in- tivities. In the process he has taken shortcomings in the handling of the Ames deed been conducted in the nonpartisan, fo- case. In its report, the Committee proposed the bold, and I believe correct, course cused manner intended. This pride must be of convening frequent open oversight 23 separate recommendations for change at tempered, however, with a serious examina- the agency. tion of how this oversight can be improved. hearings to acquaint the public with Counterterrorism jumped to the front with The Committee advocated one such improve- these important issues, all the while the January 1993 murder of two CIA employ- ment this year, with the effort to remove the protecting the secrecy of intelligence ees at the main gate to CIA headquarters, eight-year term limit for membership. This sources and methods. So I am proud to and a month later the bombing of the World restriction, initially put in place out of con- Trade Center in New York City. have served with Chairman SPECTER cern that members might become captives of Economic intelligence also emerged in the during this momentous two years, and 1990’s to lay claim to the time and assets of the intelligence community over time, has to have been part of the process which the Intelligence Committee and the Intel- proven unnecessary and counterproductive. produced the Intelligence Authoriza- The concern of cooptation has been belied by ligence Community. Unfortunately, one of tion Act for fiscal year 1997. the more noteworthy events which combined the unerring vigilance of long-time members the new direction of intelligence gathering such as Senators William Cohen and John Chairman SPECTER and I have been with the continued and even enhanced need Glenn, whose unswerving principles have led supported by a superb staff effort led for counterintelligence occurred when the them to be both ardent advocates for and by a real intelligence professional, French government accused the CIA in among the harshest critics of the intel- Charles Battaglia, the staff director of France of targeting French government offi- ligence community. Instead, the term limit the Intelligence Committee. Mr. has hampered the ability of the Committee cials and high ranking officials in key Battaglia followed a distinguished French commercial firms. Six people were to develop the kind of expertise, institu- tional memory, and dedication the complex naval career with service at CIA, he requested to leave the country, and several knows this complex business from CIA personnel in other European cities were field of intelligence requires. While the Com- identified. mittee failed in its effort to remove this every angle, creates the conditions and The Intelligence Committee requested the limit this year, it will no doubt try again prepares the tools Senators can use to CIA Inspector General to ‘‘analyze the and eventually succeed. get results. He also has every right to events of this case in detail and report to the Additional issues involving the Commit- be proud of this bill. tee’s ability to ensure that it is fully and Committee on the mistakes that occurred I would also like to add my sincere and any necessary corrective measures.’’ In currently informed of all intelligence activi- the end, it was poor counterintelligence and ties, the Committee’s relationship with thanks to the members of the House poor tradecraft which led to the events in other Senate committees, and measures Permanent Select Committee on Intel- France. which undermine the authorizing authority ligence. As some of my colleagues may The Committee, in addition, addressed of the Committee may require further legis- recall, there was considerable disagree- such disparate issues as the Clipper Chip dig- lative efforts. Intelligence is a uniquely chal- ment between the House and Senate in ital telephony, the North American Free lenging area of Congressional oversight. Its last year’s lengthy authorization con- Trade Agreement (NAFTA), Russian and activities must often be shrouded in secrecy, East European organized crime, environ- sheltered from the scrutiny of investigative ference. Not so this year. Although mental intelligence, NSA support to law en- journalists who so often uncover problems in there were important differences be- forcement, as well as the traditional budget other areas of government. It is essential, tween the two Houses at the beginning and program oversight. therefore, that Congress have sufficiently of the year, we resolved our differences

VerDate Aug 31 2005 00:20 Jul 01, 2008 Jkt 041999 PO 00000 Frm 00114 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S25SE6.REC S25SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 25, 1996 CONGRESSIONAL RECORD — SENATE S11325 quickly because we realized the signifi- functional managers of the intelligence Secretaries of State or in the career cance of our combined efforts. Chair- community. One will handle adminis- military officers the Senate confirms man LARRY COMBEST, Ranking Member tration, one will oversee analysis and to be flag officers. I have also heard it NORM DICKS, and the other members of production, and one will supervise in- argued that senatorial confirmation the House Committee worked with us telligence collection. might make these intelligence officials in a spirit of comity and the Senate In deciding which information to col- less loyal or less responsive to their su- can be proud of the product. We are re- lect about our vital interests, four dif- periors. Looking again at the Assistant turning to the Senate with an impor- ferent and independent organizations Secretaries of State and at the mili- tant piece of legislation. every day set their own goals, prior- tary, I see no empirical data to support Naturally, most of the programmatic ities, and allocate resources. Except on this concern. I have high hopes that work is classified. Nevertheless, as I a by-exception basis—and also during these officials will make our intel- mentioned when I helped introduce the an annual budget review—neither the ligence more timely and useful to all Senate version of the bill, some of the Director of Central Intelligence nor his its customers, and I will use my role in most significant provisions are unclas- staff have any idea of the duplication the confirmation process to that end. sified. The Office of the Director of which exists, the relative effectiveness Mr. President, let me note two other Central Intelligence has been strength- of one method of collection over an- provisions in the conference report of ened to allow him to manage the intel- other to break a tough intelligence tar- special interest to me. One provision ligence community much better. get, or the marginal utility of pro- modifies the House bill’s prohibition on Among the most prominent of these curing new systems to solve new prob- the CIA use of U.S. journalists as intel- are improved financial management lems. With all of the responsibilities ligence assets unless the President procedures, strengthened delineation of pressing upon their daily lives, neither waived the prohibition and made a authorities for collecting, analyzing, the Director nor his Deputy have the written certification. This procedure and disseminating intelligence, and time to understand or direct daily the seemed to the Senate conferees to be better internal oversight of intel- community’s intelligence collection ef- too onerous and time consuming. We ligence activities. In this bill, we have forts. In response, the bill gives the accepted Director Deutch’s assurance successfully preserved the equities of DCI help in the form of an assistant that any CIA approach to a U.S. jour- the Secretary of Defense so that intel- whose sole purpose is to help him do nalist would be extremely rare. But it ligence support of military operations what he already is responsible for seemed to us that such a rare occasion will be stronger than ever. We have doing—manage the collection of intel- might also require speed, and the proc- also included important provisions to ligence. ess to obtain a Presidential waiver and improve intelligence support of law en- Similar problems exist in the areas of certification would take too long. Con- forcement. And, finally, there are also intelligence analysis and production. sequently the conferees agreed to give major improvements in support of our Today, CIA’s analysts analyze military waiver authority to the President or war against terrorism. problems. The Defense Intelligence the DCI. In either case, use of the waiv- I cannot over-emphasize the impor- Agency analyzes political problems. er would be reported to the oversight tance of the bill’s provisions to The Department of State evaluates po- committees. Second, the conferees agreed to mod- strengthen the Director of Central litical and military problems. On a ify a Senate provision denying senior Intelligence’s management of the intel- daily, weekly, or monthly basis, no one CIA personnel the possibility of accept- ligence community. I am aware of reviews—with any hope of changing the ing employment with a foreign country some senior intelligence officials to the community’s direction toward new within 5 years of retirement. It seemed Oversight Committees efforts to problems—who is analyzing what to us that security and the reputation strengthen community management, throughout the community. Certainly, of the service are best protected by a specifically the creation of three new as part of the annual budget process, clear prohibition on such employment. Presidentially-appointed, Senatorially the DCI makes a quick review of the Our compromise with the House re- confirmed Assistant Directors of Cen- intelligence analysis structure sup- duced the period of prohibition from 5 tral Intelligence. I am reminded of the porting policy makers. But the DCI’s years to 3 and provided authority for intense effort by some elements of the annual review addresses analysis and the DCI to waive the provision when Department of Defense some years ago production in only a cursory manner. foreign employment of a former senior to undermine the Goldwater-Nichols He needs help. The bill gives him help official is in the U.S. interest. Nonethe- reform of defense. As was the case in the form an assistant whose sole less, I think we are sending a strong then, we are told that strengthened purpose is to help the DCI do what he message with this provision and I sup- management is, on the one hand, un- already is responsible for doing—ana- port it. necessary and, on the other hand, un- lyze and produce intelligence. The effort to bring the bill forward wieldy. I assure my colleagues that Perhaps most fragmented of all are for final passage has not been easy. neither criticism is warranted. the administrative programs of the Significant change never is, and there Mr. President, the management of in- various intelligence agencies. Each is no object more resistant to change telligence suffers from poor senior agency maintains separate administra- than the baroque bureaucratic struc- level management. The culprit is not a tive, personnel, security, and training ture that our intelligence community person. It is not a comment on the su- programs. In 1992, Congress gave the has evolved into since 1945. But the ef- perb abilities of the current Director of DCI specific authority to consolidate fort to bring the bill to this point has Central Intelligence or his Deputy. and reduce duplication in these pro- been worth it. It has been strengthened Rather, it is a comment on the struc- grams, but successive DCI’s have done by the intense discussions it generated ture they inherited. As the Aspin- little to make use of this authority. with the Director of Central Intel- Brown Commission noted when it eval- Again, the DCI needs help. The bill ligence, the Department of Defense, uated the intelligence community’s gives him help in the form of an assist- and the other Senate committees. readiness for the 21st century, the DCI ant DCI for administration. Quite correctly, each had strong con- faces a dilemma on managing the com- Mr. President, in its confirmation of cerns, and we have answered those con- munity which the current structure these new officials, the Senate must be cerns with an excellent bill. I urge my does not solve. He is relatively weak in vigilant in protecting intelligence from colleagues to support final passage of his ability to manage the community politicization. I expect the candidates this important legislation. and therefore spends most of his time for these positions to be life-long intel- Mr. President, I yield the floor. as the principal intelligence adviser to ligence professionals approaching the Mr. THURMOND. Mr. President; I the President and as the head of the pinnacle of their careers. I don’t expect rise to express my concern regarding CIA. The bill solves his dilemma by them to have political leanings that the fiscal year 1997 intelligence author- creating a new Deputy Director for would affect their professional judg- ization conference report. I make these Community Management. This new ments, any more than I would expect observations, not in my capacity as the senior level official will be assisted by such leanings in the career diplomats chairman of the Armed Services Com- three Assistant Directors who will be the Senate confirms to be Assistant mittee, but as an individual Senator

VerDate Aug 31 2005 00:20 Jul 01, 2008 Jkt 041999 PO 00000 Frm 00115 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S25SE6.REC S25SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S11326 CONGRESSIONAL RECORD — SENATE September 25, 1996 concerned about growth in Government The legislative clerk read as follows: Whereas, mammograms can reveal the bureaucracy. A bill (H.R. 2508) to amend the Federal presence of small cancers of up to 2 years or I am particularly concerned by the Food, Drug and Cosmetic Act to provide for more before regular clinical breast examina- fact that the intelligence conferees improvements in the process of approving tion or breast self-examination (BSE), saving have decided to establish four new sen- and using animal drugs, and for other pur- as many as 30 percent more lives: Now, poses. therefore, be it. ior positions under the Director of Cen- Resolved, That the Senate designates Octo- tral Intelligence, all requiring Senate The PRESIDING OFFICER. Is there ber 18, 1996, as ‘‘National Mammography confirmation. In addition to a new Dep- objection to the immediate consider- Day’’. The Senate requests that the Presi- uty Director, which the administration ation of the bill? dent issue a proclamation calling upon the requested, the Intelligence Conferees There being no objection, the Senate people of the United States to observe such have agreed to create three new Assist- proceeded to consider the bill. day with appropriate programs and activi- ant Directors of Central Intelligence. Mr. GRASSLEY. Mr. President, I ask ties. The administration has clearly indi- unanimous consent that the bill be f cated its opposition to the establish- deemed read the third time and passed, AUTHORITY TO PRINT REPORT AS ment of these Assistant Director posi- the motion to reconsider be laid upon SENATE DOCUMENT tions. the table, and that any statements re- In my view, this is an unnecessary lating to the bill appear at this point Mr. GRASSLEY. Mr. President, I ask expansion of bureaucracy at a time in the RECORD. unanimous consent that the report when virtually every other area of Gov- The PRESIDING OFFICER. Without mandated by Public Law 101–423, enti- ernment is shrinking. There is no evi- objection, it is so ordered. tled ‘‘Final Report to Congress on the dence that I am aware of to justify this The bill (H.R. 2508) was deemed read Joint Resolution to Establish a Na- growth. The Presidential commission the third time, and passed. tional Policy on Permanent Papers,’’ be printed as a Senate document, and I that just completed its study of these f matters, the Brown Commission, did ask further that 300 additional copies not make such a recommendation, nor NATIONAL MAMMOGRAPHY DAY be made available for use of the Joint has the Director of Central Intel- Mr. GRASSLEY. Mr. President, I ask Committee on the Library. ligence. unanimous consent that the Judiciary The PRESIDING OFFICER. Without Since the organization of the Office Committee be discharged from further objection, it is so ordered. of the Director of Central Intelligence consideration and that the Senate turn Mr. PELL. Mr. President, I am does not come under the jurisdiction of to the immediate consideration of Sen- pleased to call to the attention of my the Armed Services Committee, Sen- ate Resolution 295. colleagues—especially those who co- ator NUNN and I have not sought to op- The PRESIDING OFFICER. Without sponsored my legislation establishing a pose the establishment of these new po- objection, it is so ordered. The clerk national policy on permanent paper sitions on behalf of the Armed Services will report. —the final mandated report to the Con- Committee, even though we agree that The legislative clerk read as follows: gress on progress in reaching the objec- the case for their creation is not com- A resolution (S. Res. 295) to designate Oc- tives of that policy. That legislation, pelling. In the areas where the Armed tober 18, 1996, as ‘‘National Mammography which became Public Law 101–423 on Services Committee does have jurisdic- Day.’’ October 12, 1990, stated that: tion, the intelligence conference report The PRESIDING OFFICER. Is there It is the policy of the United States that has been adjusted to address concerns objection to the immediate consider- Federal records, books, and publications of that Senator NUNN and I raised on be- ation of the resolution? enduring value be produced on acid free per- half of the Armed Services Committee There being no objection, the Senate manent papers. and the Department of Defense. Since proceeded to consider the resolution. The Librarian of Congress, the Archi- the Intelligence Conferees addressed Mr. GRASSLEY. I ask unanimous vist of the United States, and the Pub- these concerns in a satisfactory man- consent that the resolution and the lic Printer were required to make three ner, Senator NUNN and I have agreed preamble be agreed to, en bloc, that progress reports to the Congress over a not to oppose the intelligence con- the motion to reconsider be laid upon 5 year period, and the last of these has ference report. the table, and that any statements re- now been made, reporting develop- Notwithstanding our general satis- ments through 1995. This latest report faction with the intelligence authoriza- lating to the resolution appear at the appropriate place in the RECORD. is a record of remarkable progress and tion conference report, Senator NUNN I am pleased that it will be printed as joins me in registering opposition to The PRESIDING OFFICER. Without objection, it is so ordered. a Senate document. what we view as an unwarranted expan- When I first introduced a permanent sion of intelligence bureaucracy. It is The resolution (S. Res. 295) was agreed to. paper bill in October 1988, almost all my intent to follow this matter closely documents and publications produced in the future. The executive branch The preamble was agreed to. The resolution, with its preamble, is by the Federal Government or by Fed- may choose not to fill these positions. as follows: eral funds were on acidic papers with a Nevertheless, I plan to reexamine the useful life of less than 100 years. These legislation establishing these new posi- S. RES. 295 Whereas according to the American Cancer papers had been in general use since tions during the 105th Congress. the mid-19th century. The Federal Gov- Mr. GRASSLEY. Mr. President, I ask Society, 184,300 women will be diagnosed ernment was not unique. State and unanimous consent that the conference with breast cancer in 1996, and 44,300 women will die from this disease; local governments and private pub- report be agreed to, the motion to re- Whereas in the decade of the 1990’s, it is es- lishers all used such papers. consider be laid upon the table, and timated that about 2,000,000 women will be Librarians and archivists had for that any statements relating to the diagnosed with breast cancer, resulting in some time expressed their concerns conference report appear at this point nearly 500,000 deaths; about the loss of irreplaceable histor- in the RECORD. Whereas, the risk of breast cancer in- The PRESIDING OFFICER. Without creases with age, with a woman at age 70 ical, cultural and scientific books, pub- objection, it is so ordered. having twice as much of a chance of devel- lications and other records. Many mil- The conference report was agreed to. oping the disease than a woman at age 50; lions of dollars were already being Whereas, at least 80 percent of the women spent by research libraries, founda- f who get breast cancer have no family history tions, and State and Federal govern- ANIMAL DRUG AVAILABILITY ACT of the disease; ments either to save these materials by Mr. GRASSLEY. Mr. President, I ask Whereas, mammograms, when operated deacidification or to preserve their professionally at a certified facility, can pro- contents by microfilming—both costly unanimous consent that the Senate im- vide a safe and quick diagnosis; mediately proceed to the consideration Whereas, experts agree that mammography processes. of H.R. 2508, which is at the desk. is the best method of early detection of I might note that when the present The PRESIDING OFFICER. The breast cancer, and early detection is the key Librarian of Congress, James H. clerk will report. to saving lives; and Billington, appeared before the Senate

VerDate Aug 31 2005 00:20 Jul 01, 2008 Jkt 041999 PO 00000 Frm 00116 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S25SE6.REC S25SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 25, 1996 CONGRESSIONAL RECORD — SENATE S11327 Committee on Rules and Administra- the first step into an action program, value on acid-free permanent paper, I tion for his confirmation hearing on and the U.S. Government was an obvi- am very pleased to note that the third July 14, 1987, he described at consider- ous choice. Its responsible agencies— report documents a number of very en- able length the deterioration of the the Library of Congress and National couraging developments in this regard. holdings of our national library. In re- Archives—were well aware of the issues Here are some of the most notable: sponse to our questions, he told us that and the enormous problems and costs The National Archives and Records he regarded the problem of ‘‘brittle which were building up for the future administration has circulated widely books’’ as a major one, both retrospec- unless alkaline paper came into gen- bulletin No. 95–7, Procurement of Writ- tively, in terms of salvaging the eral use; it was the world’s largest pro- ing, Copying, and Printing Papers for records of the last century and a half, ducer of publications and documents; Federal Records, which provides guid- and prospectively, in terms of pre- and its example would have a profound ance to Federal agencies in the use of venting continuation of the problem. influence both at home and abroad. alkaline and permanent papers. Perma- He spoke of the need for ‘‘mobilizing These were the considerations that led nent or alkaline papers are rec- informed opinion to assure that we get to the introduction of the bills that be- ommended for all Federal records; at a better response from those who pub- came Public Law 101–423 —my Senate least alkaline for routine use; and per- lish, so that this problem is not with us Joint Resolution 57 and Representative manent in offices that create and file a in the future.’’ PAT WILLIAMS’ House Joint Resolution high proportion of long-term and per- It was by no coincidence that an ac- 226, both in early 1989. manent records. tive campaign to ‘‘mobilize informed Public Law 101–423 did not mandate There has been a notable increase in opinion’’ ensued thereafter. Many peo- the use of alkaline papers by Federal the availability of permanent and alka- ple throughout the library community agencies. To have done so would have line paper for Government use. When were actively involved, but I would been impractical because the supply of Public Law was enacted in 1990, the particularly like to cite the efforts of such papers was limited and the price Joint Committee on Printing listed Robert Frase, former vice president uncompetitive. But by establishing a only one grade of permanent paper. In and economist of the Association of policy and a goal, it set a process in 1995 it had four; plus 16 grades of alka- American Publishers. Mr. Frase was in- motion which in a period of a few years line paper. strumental in conceiving and helping would achieve the same results. The General Services Administration to bring to fruition the resolution to An important technical prerequisite provides papers for purchase by Federal establish a National Policy on Perma- to realizing the goal was the establish- agencies that match the standards set nent Paper, which as I indicated, was ment of a clear definition of the term by the Joint Committee on Printing. first introduced in 1988. ‘‘acid free permanent paper.’’ Since the The executive branch has ruled that Looking back at the short span of most important factor in paper deterio- the requirements of Executive Order eight years since that time, one is ration is acidity any long-lived paper 12873 mandating the use of recycled struck by the relatively low level of ac- must be acid free, or alkaline. To be paper by Federal agencies are not to tivity in permanent paper production permanent, however, a paper must con- conflict in any way with the concur- that then prevailed. Research had dem- form to additional technical specifica- rent requirement for permanent paper onstrated that the deterioration of pa- tions, the most widely recognized of use. pers produced from mid-19th century which is designated as the American The National Endowment for the Hu- onward was caused by chemicals in a National Standard and often referred manities and the National Historical process using wood pulp rather than to by the acronym ANSI/NISO. The Records Commission mandate the use rags as raw material. The resulting technical designation is ‘‘American Na- of permanent and alkaline papers in acidic papers began to yellow and tional Standard for Permanence of projects they fund. crumble (hence the term ‘‘brittle Paper for Publications and Documents The National Library of Medicine has books’’) within a few decades, while the in Libraries and Archives, ANSI/NISO carried on a remarkably successful, earlier rag papers continued to last for Z39.48–1992.’’ As a practical matter, and little recognized, campaign to en- centuries. Research financed by the companies deciding to produce alkaline sure that the world’s biomedical jour- Council on Library resources and oth- paper can easily take the small further nals are printed on alkaline or perma- ers, however, had demonstrated that steps required to produce permanent nent paper. This effort was started in wood pulp based papers could be pro- paper meeting the ANSI/NISO stand- 1988. Then only 4 percent of the 3,000 duced by an alkaline process, resulting ard. journals throughout the world that in estimated useful lives comparable An important feature of Public Law were indexed in the Library’s Index with the old rag papers. A small 101–423 was a monitoring device to help Medicus were being printed on alkaline amount of such papers was actually ensure that the national policy was ac- paper. Due in large part to the Li- being produced. tually being carried out, and that de- brary’s campaign, this figure had risen What was required at that point was vice is the requirement that three by April 1995 to 91 percent. an increased awareness of the problem progress reports be made to the Con- PROGRESS IN THE PRIVATE SECTOR and a dramatic demonstration that gress on December 31, 1991, 1993, and The ultimate success of the perma- something was going to be done about 1995, by the Librarian of Congress, the nent paper campaign depends on induc- it. This would then lead to an increased Archivist of the United States, and the ing changes in the nongovernmental demand for new papers, and in turn in- Public Printer. Although the 1995 re- sector. Governments—Federal, State, duce paper mills to convert to an alka- port is the last to be required by law, and local—primarily produce docu- line process. Increased production these three officials have stated their ments, many of which, of course, need would result in lower costs and prices intention to continue to monitor to be preserved. But publications, the competitive with acidic papers. The progress in achieving the goals of the carriers of our literature, culture, his- American Library Association started legislation on an ad hoc basis. I wel- tory and science, are overwhelmingly the ball rolling by passing its first res- come their decision, a sentiment I am produced by private publishers, profit olution on this subject in January 1988. sure is shared by the many members of and nonprofit. These publishers had to After my first bill was introduced in Congress who have taken an interest in be persuaded to use permanent paper October of that year it was promptly this matter, as well as those in the li- and the paper mills had to be persuaded endorsed by another ALA resolution in brary, archival, scholarly and histor- to produce it. Publishers would not use early 1989. This led to similar resolu- ical professions throughout the world. I permanent paper, even if they thought tions by other U.S. organizations and urge that these progress reports con- they should, because it was not easily then by the International Federation tinue to be issued every 2 years available at competitive prices. Paper of Library Associations and Institu- through the rest of this century. manufacturing companies saw no rea- tions [IFLA] and the International PROGRESS IN THE FEDERAL GOVERNMENT son to shift to an alkaline process lack- Publishers Association later in 1989. Since Public Law 101–423 focused on ing a strong demand from publishers. A big and prominent institution was the production of Federal records, It was here that the development of needed to provide the impact of taking books and publications of enduring standards for permanent paper played

VerDate Aug 31 2005 00:20 Jul 01, 2008 Jkt 041999 PO 00000 Frm 00117 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S25SE6.REC S25SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S11328 CONGRESSIONAL RECORD — SENATE September 25, 1996 an important role. These were devel- marily through the conversion of exist- agencies of the United Nations. But in oped primarily in the private sector by ing paper mills from acid to alkaline the last couple of years the pace has a collaborative effort of profit and non- processes, a shift encouraged by regula- picked up. A number of European orga- profit organizations, but with partici- tions issued under the Clean Water nizations, both official and private, are pation also of Government agencies. Act, requiring the reduction of pollu- now actively promoting permanent Such standards enable publishers to tion of streams by the effluent of paper paper. European paper manufactures state their permanent paper require- mills. Conversion to an alkaline proc- contributed to a 1994 catalog listing ments without having to develop, by ess reduces this pollution, but also re- about 100 different permanent papers themselves, the specifications included sults in the production of paper at the being sold by 26 paper mills or their in their paper purchasing contracts. We same or lesser cost. The happy result agents—papers meeting the specifica- have already taken note of the 1992 was that environmental preservation tions of the 1992 American National American National Standard ANSI/ helped to promote the availability of Standard. NISO, which was first developed by the acid-free paper. SUMMARY library and publishing committee of PROGRESS IN THE STATES It is now 9 years since I first raised the American National Standards In- Connecticut led the way to conver- the question with Librarian of Con- stitute in 1984 and subsequently revised sion to permanent paper at the State gress Billington as to whether some- and expanded in 1992. Standards had level. As a result of a campaign led by thing could not be done to bring to an also been developed by the American the State Librarian, the first statute end the indefinite production of brittle Society for Testing and Materials and was enacted in 1988. Subsequently addi- books. Enormous progress been made— the Council on Library Resources. tional legislation extended the use at least in the United States, in Can- Since publishing, paper manufacturing, long-lived paper to most State and ada, in much of Europe, and in Japan— and libraries are not confined to na- local documents. In later years many in the production of books, other publi- tional boundaries, it was appropriate other States took action, either by leg- cations, and documents on paper which that an international standard for per- islation or administrative rulings, to should endure for several centuries, in- manent paper compatible with the require alkaline or permanent paper stead of self-destructing in less than American standard should be published use to some degree. But few went as far 100 years. Many individuals and organi- in 1994. as Connecticut. The progress of State zations, public and private, have con- In the spring of 1988, the New York legislation was stimulated by three let- tributed to this result—some known to Public Library began a campaign, ters to State Governors from the U.S. me and others not. I note once again jointly with well-known authors, to get National Commission on Libraries and the efforts of Robert Frase in this con- book publishers to use alkaline or per- Information Services calling attention nection. We owe them all a debt of manent paper. Public pledges to this to developments under the Federal law gratitude. I celebrate the fact that the effect were secured from prominent and requesting information on State Congress and Federal agencies have publishing houses. The industry trade activity. The last such survey, jointly made major contributions to this group, the Association of American with the Library of Congress, was con- progress in a variety of ways, not the Publishers, gave its endorsement to the ducted in July 1995. In the third report least of which has been through the campaign. University presses—pub- the following 21 States were listed as passage and the implementation of lishers of scholarly, scientific, and his- having taken some kind of action: Ari- Public Law 101–423 to establish a Na- torical works, had earlier recognized zona, Colorado, Connecticut, Florida, tional Policy on Permanent Papers. the problem of paper deterioration and Illinois, Indiana, Kansas, Kentucky, f had begun to use alkaline paper for Massachusetts, Missouri, Montana, Ne- their relatively small editions. They braska, New Mexico, North Carolina, EXTRADITION OF MARTIN PANG have not only been the most faithful in Rhode Island, South Dakota, Ten- FROM BRAZIL TO THE UNITED doing so, but also in noting this fact in nessee, Virginia, Washington, West STATES the books themselves and in the biblio- Virginia, and Wisconsin. Utah has now Mr. GRASSLEY. Mr. President, I ask graphic information provided to the Li- been added to that list. unanimous consent that the Senate brary of Congress under the Cataloging INTERNATIONAL proceed to the consideration of House in Publication program. The international library community Concurrent Resolution 132, which was But the most gratifying development had long been aware of the problem of received from the House. in the private sector in the past several brittle books. The subject was dis- The PRESIDING OFFICER. The years has been the great increase in cussed as early as the 1920’s at a con- clerk will report. the production of permanent papers in ference in Europe. It was not until 1989, The legislative clerk read as follows: the United States and Canada. A 1988 however, that the first resolution urg- A concurrent resolution (H. Con. Res. 132) report of the Congressional Office of ing action was adopted by the Inter- relating to the extradition of Martin Pang Technology Assessment had estimated national Federation of Library Asso- from Brazil to the United States. that only 15 to 25 percent of the books ciations and Institutions [IFLA]. A The PRESIDING OFFICER. Is there produced in the United States were on similar resolution was adopted that objection to the immediate consider- acid-free paper and predicted that this same year by the International Asso- ation of the concurrent resolution? percentage was unlikely to change. It ciation of Publishers. Note has already There being no objection, the Senate now appears that this prediction has been taken of the impact of the pro- proceeded to consider the concurrent proven to be unduly cautious. gram of the U.S. National Library of resolution. Two indications of this production Medicine on biomedical journals Mr. GORTON. Mr. President, on Jan- increase may be noted. The first is the throughout the world. uary 5, 1995, four firefighters were fact that 99.9 percent of book papers Nevertheless, until recently Euro- killed in a blaze in Seattle’s Inter- procured through bulk purchase by the pean publishers and governments national District. After intensive in- Government Printing Office in 1995 lagged behind this country. A 1993 sur- vestigations by the Seattle police and were alkaline. The second is the infor- vey of 142 publishers in 17 European fire departments, the King County mation provided in North American countries reported that: 31 did not Prosecutor’s Office, the U.S. Attorney Permanent Papers 1995, published as a know that most currently used book General’s Office, and the Bureau of Al- public service by Abbey Publications of paper becomes brittle after 50 years; cohol, Tobacco and Firearms, Martin Austin, Texas. This catalog of papers and 90 were unaware of the ANSI/NISO S. Pang was charged with deliberately produced by 34 United States and Cana- permanent paper standards. Govern- setting his parents’ seafood warehouse dian companies lists by brand name 423 ments, with some notable exceptions, on fire to collect insurance money. In different papers that are reported to have been slow to require the use per- January of 1995, Mr. Pang fled to Brazil meet the specifications of the 1994 manent paper by legislation or admin- where he stayed until March 1, 1996. He ANSI/NISO permanent paper standard. istrative regulations, even with respect was extradited on the condition that The great increase in permanent to their own publications and docu- murder charges not be brought against paper production has come about pri- ments. The same has been true of the him.

VerDate Aug 31 2005 00:20 Jul 01, 2008 Jkt 041999 PO 00000 Frm 00118 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S25SE6.REC S25SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 25, 1996 CONGRESSIONAL RECORD — SENATE S11329 The focus of this resolution is on The bill (H.R. 2594) was deemed read ensuring organizations under the Medicaid that extradition, and why those condi- a third time, and passed. Program notwithstanding that the organiza- tion enrolls Medicaid beneficiaries residing tions should be waived by the Brazilian f Government to see that justice is fully in another county. served. You see, Mr. President, under MEDICARE AND MEDICAID The PRESIDING OFFICER. Is there the extradition treaty we have with COVERAGE DATA BANK objection to the immediate consider- Brazil, criminal suspects may only be Mr. GRASSLEY. I ask unanimous ation of the bill? There being no objection, the Senate extradited to face charges for crimes consent that the Finance Committee that exist in both countries. In Brazil, proceeded to consider the bill. be discharged of H.R. 2685, and further Mr. GRASSLEY. I ask unanimous murder as a result of arson is not a the Senate proceed to its immediate consent that the bill be deemed read a crime. It is in the United States. consideration. third time and passed, the motion to Martin Pang’s pretrial hearing is The PRESIDING OFFICER. The reconsider be laid upon the table, and scheduled for October 8, 1996. Under the clerk will report. that any statements pertaining to the conditions of our extradition treaty, The legislative clerk read as follows: bill appear at this point in the RECORD. the Brazilian Supreme Court ruled that A bill (H.R. 2685) to repeal the Medicare The PRESIDING OFFICER. Without Pang could be returned to the States to and Medicaid Coverage Data Bank. objection, it is so ordered. face arson charges only. Murder, a The PRESIDING OFFICER. Is there The bill (H.R. 3056) was deemed read crime of which he has been accused and objection to the immediate consider- for a third time and passed. which he should stand trial for, is not ation of the bill? f an option. There is recourse, however. There being no objection, the Senate NATIONAL PHYSICAL FITNESS The United States Government be- proceeded to consider the bill. AND SPORTS FOUNDATION ES- lieves that under our extradition trea- Mr. GRASSLEY. I ask unanimous TABLISHMENT ACT ty, the executive branch of Brazil has consent that the bill be deemed read a the authority to consent to the pros- third time and passed, the motion to Mr. GRASSLEY. Mr. President, I ask ecution of Martin Pang on felony mur- reconsider be laid upon the table, and unanimous consent the Senate proceed der charges, despite the Brazilian Su- that any statements relating to the to the immediate consideration of Cal- preme Court’s ruling. By doing so in bill appear at this point in the RECORD. endar No. 550, and that happens to be S. this case, Brazil would give its consent The PRESIDING OFFICER. Without 1311. for the United States to try Pang on all objection, it is so ordered. The PRESIDING OFFICER. The of the charges which have been brought The bill (H.R. 2685) was deemed read clerk will report. against him. for a third time and passed. The legislative clerk read as follows: This resolution sends a strong mes- A bill (S. 1311) to establish a National Fit- sage to the Brazilian Government. f ness and Sports Foundation to carry out ac- Four firefighters died doing their job SOCIAL SECURITY ACT tivities to support and supplement the mis- sion of the President’s Council on Physical honorably. It is no less our responsi- AMENDMENT bility to see that the accused be tried Fitness and Sports, and for other purposes. Mr. GRASSLEY. I ask unanimous for the full scope of his crime. The PRESIDING OFFICER. Is there consent the Finance Committee be dis- Mr. GRASSLEY. Mr. President, I ask objection to the immediate consider- charged of H.R. 2366, and further the unanimous consent that the resolution ation of the bill? Senate proceed to its immediate con- be deemed agreed to, the motion to re- There being no objection, the Senate sideration. consider be laid upon the table, and proceeded to consider the bill. The PRESIDING OFFICER. The that any statements relating to the AMENDMENT NO. 5403 clerk will report. resolution appear at this point in the (Purpose: To make minor and technical The legislative clerk read as follows: changes in the bill as reported) RECORD. Mr. GRASSLEY. Senator PRESSLER The PRESIDING OFFICER. Without A bill (H.R. 2366) to repeal an unnecessary has an amendment at the desk that objection, it is so ordered. medical device reporting requirement. would make technical corrections. I The concurrent resolution (H. Con. The PRESIDING OFFICER. Is there objection to the immediate consider- ask for its consideration. Res. 132) was agreed to. The PRESIDING OFFICER. The f ation of the bill? There being no objection, the Senate clerk will report. The legislative clerk read as follows: RAILROAD UNEMPLOYMENT proceeded to consider the bill. INSURANCE AMENDMENTS ACT Mr. GRASSLEY. I ask unanimous The Senator from Iowa [Mr. GRASSLEY], for Mr. PRESSLER, proposes an amendment num- Mr. GRASSLEY. Mr. President, I ask consent that the bill be deemed read a bered 5403. third time and passed, the motion to unanimous consent that the Senate Mr. GRASSLEY. Mr. President, I ask reconsider be laid upon the table, and proceed to the immediate consider- unanimous consent that reading of the that any statements relating to the ation of H.R. 2594, which was received amendment be dispensed with. from the House. bill appear at this point in the RECORD. The PRESIDING OFFICER. Without The PRESIDING OFFICER. The The PRESIDING OFFICER. Without objection, it is so ordered. clerk will report. objection, it is so ordered. The amendment is as follows: The legislative clerk read as follows: The bill (H.R. 2366) was deemed read On page 2, line 8, strike ‘‘nonprofit’’ and A bill (H.R. 2594) to amend the Railroad for a third time and passed. insert ‘‘not for profit’’. Unemployment Insurance Act to reduce the f On page 2, line 10, after the period insert waiting period for benefits payable under the following: ‘‘The Foundation shall be es- that act, and for other purposes. CONSOLIDATED OMNIBUS BUDGET tablished as an organization described in sec- The PRESIDING OFFICER. Is there RECONCILIATION ACT OF 1985 tion 501(c)(3) of the Internal Revenue Code of objection to the immediate consider- AMENDMENT 1986 and shall be presumed, for purposes of ation of the bill? such Code, to be such an organization until Mr. GRASSLEY. I ask unanimous the Secretary of the Treasury determines There being no objection, the Senate consent the Finance Committee be dis- that the Foundation does not meet the re- proceeded to consider the bill. charged of H.R. 3056, and further the quirements applicable to such an organiza- Mr. GRASSLEY. I ask unanimous Senate proceed to its immediate con- tion. Section 508(a) of such Code does not consent that the bill be deemed read a sideration. apply to the Foundation.’’. third time, passed, the motion to re- The PRESIDING OFFICER. The On page 5, line 8, after the period, insert consider be laid upon the table, and clerk will report. the following: ‘‘The three members ap- that any statements relating to the pointed by the Secretary shall include the The legislative clerk read as follows: representative of the United States Olympic bill be placed at the appropriate place A bill (H.R. 3056) to permit a county-oper- Committee.’’. in the RECORD. ated health insuring organization to qualify On page 5, line 21, after the period insert The PRESIDING OFFICER. Without as an organization exempt from certain re- the following: ‘‘The Chairman of the Presi- objection, it is so ordered. quirements otherwise applicable to health dent’s Council on Physical Fitness shall

VerDate Aug 31 2005 00:20 Jul 01, 2008 Jkt 041999 PO 00000 Frm 00119 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S25SE6.REC S25SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S11330 CONGRESSIONAL RECORD — SENATE September 25, 1996 serve as Chairperson until a Chairperson is SEC. 2. ESTABLISHMENT AND PURPOSE OF FOUN- of, the United States for the purposes of any elected by the Board.’’. DATION. Federal employment or other law. On page 12, line 4, strike ‘‘contributions,’’ (a) ESTABLISHMENT.—There is established (b) APPOINTMENT AND TERMS.— and insert ‘‘contributions,’’. the National Physical Fitness and Sports (1) APPOINTMENT.—Of the members of the Mr. PRESSLER. Mr. President, I am Foundation (hereinafter in this Act referred Board appointed under subsection (a)(1), to as the ‘‘Foundation’’). The Foundation three shall be appointed by the Secretary of pleased to bring to the Senate S. 1311, shall be a charitable and not for profit cor- Health and Human Services (hereinafter re- the National Physical Fitness and poration and shall not be an agency or estab- ferred to in this Act as the ‘‘Secretary’’), two Sports Foundation Establishment Act. lishment of the United States. The Founda- shall be appointed by the Majority Leader of S. 1311, would create a charitable, not- tion shall be established as an organization the Senate, one shall be appointed by the Mi- for-profit foundation to actively raise described in section 501(c)(3) of the Internal nority Leader of the Senate, two shall be ap- private funds to support the activities Revenue Code of 1986 and shall be presumed, pointed by the Speaker of the House of rep- of the President’s Council on Physical for purposes of such Code, to be such an or- resentatives, and one shall be appointed by Fitness, President’s Council. ganization until the Secretary of the Treas- the Minority Leader of the House of Rep- ury determines that the Foundation does not resentatives. The three members appointed In the past, the President’s Council meet the requirements applicable to such an by the Secretary shall include the represent- has relied on Federal appropriations to organization. Section 508(a) of such Code ative of the United States Olympic Com- support its activities. Future appro- does not apply to the Foundation. mittee. priations for the President’s Council (b) PURPOSES.—It is the purpose of the (2) TERMS.—Members appointed to the are unlikely as we strive to balance the Foundation to— Board under subsection (a)(1) shall serve for Federal budget. (1) in conjunction with the President’s a term of 6 years. A vacancy on the Board The Foundation created by this bill Council on Physical Fitness and Sports, de- shall be filled within 60 days of the date on would raise private funds to sustain velop a list and description of programs, which such vacancy occurred in the manner events and other activities which would fur- in which the original appointment was made. the President’s Council on Physical ther the goals outlined in Executive Order A member appointed to fill a vacancy shall Fitness. To facilitate fund-raising, the 12345 and with respect to which combined serve for the balance of the term of the indi- Foundation is permitted to offer the private and governmental efforts would be vidual who was replaced. No individual may use of the seal of the President’s Coun- beneficial; and serve more than two consecutive terms as a cil for promotional purposes in ex- (2) encourage and promote the participa- Director. change for sponsorship funds. The bill tion by private organizations in the activi- (c) CHAIRPERSON.—A Chairperson shall be does not authorize the expenditure of ties referred to in subsection (b)(1) and to en- elected by the Board from among its mem- bers and serve for a 2-year term. The Chair- Federal funds. courage and promote private gifts of money and other property to support those activi- person shall not be limited in terms or serv- The goals of the President’s Council ties. ice. The Chairman of the President’s Council are identified in Executive Order 12345. (c) DISPOSITION OF MONEY AND PROPERTY.— on Physical Fitness shall serve as Chair- The primary goal is to foster programs At least annually the Foundation shall person until a Chairperson is elected by the that encourage people of all ages to transfer, after the deduction of the adminis- Board. participate regularly in sports and trative expenses of the Foundation, the bal- (d) QUORUM.—A majority of the sitting members of the Board shall constitute a physical activities. Perhaps the Coun- ance of any contributions received for the activities referred to in subsection (b), to the quorum for the transaction of business. cil’s most well known activity is the (e) MEETINGS.—The Board shall meet at the Public Health Service Gift Fund pursuant to President’s Challenge Physical Fitness call of the Chairperson, but in no event less section 231 of the Public Health Service Act than once each year. If a Director misses Awards Program which is administered (42 U.S.C. 238) for expenditure pursuant to three consecutive regularly scheduled meet- by teachers and youth programs in the provisions of that section and consistent ings, that individual may be removed from every State. We should act to preserve with the purposes for which the funds were the Board and the vacancy filled in accord- the President’s Council. Its activities donated. ance with subsection (b)(2). are particularly important because our SEC. 3. BOARD OF DIRECTORS OF THE FOUNDA- (f) REIMBURSEMENT OF EXPENSES.—The Nation’s children are becoming in- TION. members of the Board shall serve without creasingly less physically fit even as (a) ESTABLISHMENT AND MEMBERSHIP.— pay. The members of the Board shall be al- we learn that physical fitness in one’s (1) IN GENERAL.—The Foundation shall lowed travel expenses, including per diem in youth is important to living a healthy have a governing Board of Directors (herein- lieu of subsistence, at rates authorized for after referred to in this Act as the ‘‘Board’’), life during adulthood. employees of agencies under subchapter I of which shall consist of nine Directors, to be chapter 57 of title 5, United States Code, Senators CAMPBELL and BRADLEY in- appointed not later than 90 days after the while away from their homes or regular troduced this bill in October 1995. The date of enactment of this Act, each of whom places of business in the performance of serv- Committee on Commerce, Science, and shall be a United States citizen and— ices for the Board. Transportation unanimously ordered (A) three of whom must be knowledgeable (g) GENERAL POWERS.— the bill reported on June 6, 1996. I have or experienced in one or more fields directly (1) ORGANIZATION.—The Board may com- an amendment that makes certain connected with physical fitness, sports or plete the organization of the Foundation technical modifications to the bill. I the relationship between health status and by— physical exercise; and (A) appointing officers and employees; urge my colleagues to support this (B) six of whom must be leaders in the pri- (B) adopting a constitution and bylaws worthy legislation. vate sector with a strong interest in physical consistent with the purposes of the Founda- Mr. GRASSLEY. I ask unanimous fitness, sports or the relationship between tion and the provision of this Act; and consent the amendment be agreed to, health status and physical exercise (one of (C) undertaking such other acts as may be the bill be deemed read a third time, which shall be a representative of the United necessary to carry out the provisions of this passed, the motion to reconsider be States Olympic Committee). Act. laid upon the table, and that any state- The membership of the Board, to the extent In establishing bylaws under this paragraph, ments relating to the bill be printed at practicable, shall represent diverse profes- the Board shall provide for policies with re- the appropriate place in the RECORD. sional specialties relating to the achieve- gard to financial conflicts of interest and The PRESIDING OFFICER. Without ment of physical fitness through regular par- ethical standards for the acceptance, solici- ticipation in programs of exercise, sports and tation and disposition of donations and objection, it is so ordered. similar activities. grants to the Foundation. The amendment (No. 5403) was agreed (2) EX OFFICIO MEMBERS.—The Assistant (2) LIMITATIONS ON OFFICERS AND EMPLOY- to. Secretary for Health, the Executive Director EES.—The following limitations apply with The bill (S. 1311), as amended, was of the President’s Council on Physical Fit- respect to the appointment of officers and deemed read for a third time and ness and Sports, the Director for the Na- employees of the Foundation: passed as follows: tional Center for Chronic Disease Prevention (A) Officers and employees may not be ap- and Health Promotion, the Director of the pointed until the Foundation has sufficient S. 1311 National Heart, Lung, and Blood Institute funds to compensate such individuals for Be it enacted by the Senate and House of Rep- and the Director for the Centers for Disease their service. No individual so appointed resentatives of the United States of America in Control and Prevention shall serve as ex offi- may receive pay in excess of the annual rate Congress assembled, cio, nonvoting members of the Board. of basic pay in effect for Executive Level V SECTION 1. SHORT TITLE. (3) NOT FEDERAL EMPLOYMENT.—Appoint- in the Federal service. This Act may be cited as the ‘‘National ment to the Board or serving as a member of (B) The first officer or employee appointed Physical Fitness and Sports Foundation Es- the staff of the Board shall not constitute by the Board shall be the secretary of the tablishment Act’’. employment by, or the holding of an office Board who—

VerDate Aug 31 2005 00:20 Jul 01, 2008 Jkt 041999 PO 00000 Frm 00120 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S25SE6.REC S25SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 25, 1996 CONGRESSIONAL RECORD — SENATE S11331 (i) shall serve, at the direction of the SEC. 5. PROTECTION AND USES OF TRADEMARKS EXECUTIVE SESSION Board, as its chief operating officer; and AND TRADE NAMES. (ii) shall be knowledgeable and experienced (a) PROTECTION.—Without the consent of in matters relating to physical fitness and the Foundation, in conjunction with the EXECUTIVE CALENDAR sports. President’s Council on Physical Fitness and (C) No Public Health Service employee nor Sports, any person who uses for the purpose Mr. GRASSLEY. Mr. President, I ask the spouse or dependent relative of such an of trade, to induce the sale of any goods or unanimous consent the Senate imme- employee may serve as an officer or member services, or to promote any theatrical exhi- diately proceed to executive session to of the Board of Directors or as an employee bition, athletic performance or competi- consider the following nominations on of the Foundation. tion— the Executive Calendar, en bloc: Cal- (D) Any individual who is an officer, em- (1) the official seal of the President’s Coun- endar Nos. 747 through 755, and all ployee, or member of the Board of the Foun- cil on Physical Fitness and Sports consisting nominations placed on the Secretary’s dation may not (in accordance with the poli- of the eagle holding an olive branch and ar- cies developed under paragraph (1)(B)) per- desk in the Air Force, the Army, the rows with shield breast encircled by name Marine Corps, and the Navy. I further sonally or substantially participate in the ‘‘President’s Council on Physical Fitness and consideration or determination by the Foun- Sports’’; ask unanimous consent that the nomi- dation of any matter that would directly or (2) the official seal of the Foundation; nations be confirmed, the motions to predictably affect any financial interest of (3) any trademark, trade name, sign, sym- reconsider be laid upon the table, that the individual or a relative (as such term is bol or insignia falsely representing associa- the President be immediately notified defined in section 109(16) of the Ethics in tion with or authorization by the President’s of the Senate’s action, and that the Government Act of 1978) of the individual, of Council on Physical Fitness and Sports or Senate then return to legislative ses- any business organization or other entity, or the Foundation; of which the individual is an officer or em- sion. ployee, or is negotiating for employment, or shall be subject in a civil action by the The PRESIDING OFFICER. Without in which the individual has any other finan- Foundation for the remedies provided for in objection, it is so ordered. cial interest. the Act of July 9, 1946 (60 Stat. 427; com- The nominations considered and con- SEC. 4. RIGHTS AND OBLIGATIONS OF THE FOUN- monly known as the Trademark Act of 1946). firmed en bloc are as follows: DATION. (b) USES.—The Foundation, in conjunction AIR FORCE (a) IN GENERAL.—The Foundation— with the President’s Council on Physical Fit- (1) shall have perpetual succession; The following-named officer for appoint- ness and Sports, may authorize contributors (2) may conduct business throughout the ment to the grade of lieutenant general in and suppliers of goods or services to use the several States, territories, and possessions of the U.S. Air Force while assigned to a posi- trade name of the President’s Council on the United States; tion of importance and responsibility under Physical Fitness and Sports and the Founda- (3) shall locate its principal offices in or title 10, United States Code, section 601: tion, as well as any trademark, seal, symbol, near the District of Columbia; and To be lieutenant general insignia, or emblem of the President’s Coun- (4) shall at all times maintain a designated cil on Physical Fitness and Sports or the Maj. Gen. Joseph J. Redden, 000–00–0000. agent authorized to accept service of process The following-named officers for appoint- for the Foundation. Foundation, in advertising that the con- tributions, goods or services when donated, ment in the Reserve of the Air Force, to the The serving of notice to, or service of process supplied, or furnished to or for the use of, ap- grade indicated, under the provisions of title upon, the agent required under paragraph (4), proved, selected, or used by the President’s 10 United States Code, sections 8374, 12201, or mailed to the business address of such Council on Physical Fitness and Sports or and 12212: agent, shall be deemed as service upon or no- the Foundation. tice to the Foundation. To be brigadier general (b) SEAL.—The Foundation shall have an SEC. 6. VOLUNTEER STATUS. Col. William J. Broadley, 000–00–0000, Air Na- official seal selected by the Board which tional Guard of the United States. The Foundation may accept, without re- shall be judicially noticed. Col. Walter R. Ernst II, 000–00–0000, Air Na- (c) POWERS.—To carry out the purposes gard to the civil service classification laws, tional Guard of the United States. under section 2, the Foundation shall have rules, or regulations, the services of volun- Col. Dennis A. Higdon, 000–00–0000, Air Na- the usual powers of a corporation acting as a teers in the performance of the functions au- tional Guard of the United States. trustee in the District of Columbia, includ- thorized herein, in the same manner as pro- Col. Enrique J. Lanz, 000–00–0000, Air Na- ing the power— vided for under section 7(c) of the Fish and tional Guard of the United States. (1) except as otherwise provided herein, to Wildlife Act of 1956 (16 U.S.C. 742f(c)). Col. Thomas P. Lauppe, 000–00–0000, Air Na- accept, receive, solicit, hold, administer and SEC. 7. AUDIT, REPORT REQUIREMENTS, AND PE- tional Guard of the United States. use any gift, devise, or bequest, either abso- TITION OF ATTORNEY GENERAL FOR Col. James A. McDevitt, 000–00–0000, Air Na- lutely or in trust, of real or personal prop- EQUITABLE RELIEF. tional Guard of the United States. erty or any income therefrom or other inter- Col. Joseph I. Mensching, 000–00–0000, Air Na- (a) AUDITS.—For purposes of Public Law est therein; tional Guard of the United States. 88–504 (36 U.S.C. 1101 et seq.), the Foundation (2) to acquire by purchase or exchange any Col. Fisk Outwater, 000–00–0000, Air National shall be treated as a private corporation real or personal property or interest therein; Guard of the United States. under Federal law. The Inspector General of (3) unless otherwise required by the instru- Col. Lawrence L. Paulson, 000–00–0000, Air the Department of Health and Human Serv- ment of transfer, to sell, donate, lease, in- National Guard of the United States. ices and the Comptroller General of the vest, reinvest, retain or otherwise dispose of Col. Maxey J. Phillips, 000–00–0000, Air Na- any property or income therefrom; United States shall have access to the finan- tional Guard of the United States. (4) to sue and be sued, and complain and cial and other records of the Foundation, Col. Wallace F. Pickard, Jr., 000–00–0000, Air defend itself in any court of competent juris- upon reasonable notice. National Guard of the United States. diction, except for gross negligence; (b) REPORT.—The Foundation shall, as soon Col. Richard A. Platt, 000–00–0000, Air Na- (5) to enter into contracts or other ar- as practicable after the end of each fiscal tional Guard of the United States. rangements with public agencies and private year, transmit to the Secretary and to Con- Col. John C. Schnell, 000–00–0000, Air Na- organizations and persons and to make such gress a report of its proceedings and activi- tional Guard of the United States. payments as may be necessary to carry out ties during such year, including a full and Col. Allen J. Smith, 000–00–0000, Air National its functions; and complete statement of its receipts, expendi- Guard of the United States. (6) to do any and all acts necessary and tures, and investments. Col. Paul J. Sullivan, 000–00–0000, Air Na- proper to carry out the purposes of the Foun- tional Guard of the United States. (c) RELIEF WITH RESPECT TO CERTAIN FOUN- dation. Col. Michael H. Tice, 000–00–0000, Air Na- DATION ACTS OR FAILURE TO ACT.—If the tional Guard of the United States. For purposes of this Act, an interest in real Foundation— property shall be treated as including, (1) engages in, or threatens to engage in, ARMY among other things, easements or other any act, practice or policy that is incon- The following-named officers for pro- rights for preservation, conservation, protec- sistent with the purposes described in sec- motion in the Regular Army of the United tion, or enhancement by and for the public of tion 2(b); or States to the grade indicated, under title 10, natural, scenic, historic, scientific, edu- (2) refuses, fails, or neglects to discharge United States Code, sections 611(a) and 624: cational, inspirational or recreational re- its obligations under this Act, or threaten to To be brigadier general sources. A gift, devise, or bequest may be ac- do so; cepted by the Foundation even though it is Col. John P. Abizaid, 000–00–0000, U.S. Army. encumbered, restricted or subject to bene- the Attorney General may petition in the Col. Daniel L. Montgomery, 000–00–0000, U.S. ficial interests of private persons if any cur- United States District Court for the District Army. rent or future interest therein is for the ben- of Columbia for such equitable relief as may The following U.S. Army National Guard efit of the Foundation. be necessary or appropriate. officer for promotion in the Reserve of the

VerDate Aug 31 2005 00:20 Jul 01, 2008 Jkt 041999 PO 00000 Frm 00121 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S25SE6.REC S25SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S11332 CONGRESSIONAL RECORD — SENATE September 25, 1996 Army to the grade indicated under title 10, NOMINATIONS PLACED ON THE SECRETARY’S ington Air National Guard, as a radar United States Code, sections 3385, 3392 and DESK intercept officer in the F–101. When the 12203(a): IN THE AIR FORCE, ARMY, MARINE CORPS, NAVY÷ unit converted to KC–135 Air Refueling To be brigadier general Air Force nomination of Wendell R. Keller, aircraft, he became a navigator and has Col. Lloyd E. Krase, 000–00–0000. which was received by the Senate and ap- maintained that qualification since. The following U.S. Army National Guard peared in the Congressional Record of Sep- At the time of the gulf war, Jim was officer for promotion in the Reserve of the tember 19, 1996. the squadron commander of the 116th Army to the grade indicated under title 10, Air Force nominations beginning Sean P. United States Code, sections 3385, 3392 and Abell, and ending Timothy T. Wilday, which Air Refueling Squadron. When hos- 12203(a): nominations were received by the Senate and tilities broke out in August 1990, Jim To be brigadier general appeared in the Congressional Record of Sep- and a group of Washington flyers vol- tember 19, 1996. Col. Paul J. Glazar, 000–00–0000. unteered for 30-day active duty tours. Air Force nominations beginning Randall As the Nation faced a new crisis in the The following-named officer for appoint- R. Ball, and ending David B. Gruber, which ment to the grade of lieutenant general in Middle East, the Guard stepped up. At nominations were received by the Senate and first, most of their duties involved the U.S. Army while assigned to a position of appeared in the Congressional Record of Sep- importance and responsibility under title 10, tember 19, 1996. ferrying material from one air base to United States Code, section 601(a): Air Force nominations beginning James E. another, within the United States. Our To be lieutenant general Ball, and ending Phyllis M. Campbell, which victory in the gulf was due in no small Maj. Gen. Douglas D. Buchholz, 000–00–0000, nominations were received by the Senate and part to the magnificent logical prowess U.S. Army. appeared in the Congressional Record of Sep- of the U.S. Armed Services, and Jim The following-named Army Competitive tember 19, 1996. contributed to America’s success. Category officers for promotion in the Reg- Army nominations beginning Ernest R. Throughout the months leading to Adkins, and ending Raymond F. Root, which ular Army of the United States to the grade actual combat, Jim continued volun- of brigadier general under the provisions of nominations were received by the Senate and title 10, United States Code, sections 611(a) appeared in the Congressional Record of Sep- teering for active duty work, making 2- and 624(c): tember 19, 1996. week rotations all through September, To be brigadier general Army nominations beginning William A. October, and November. Jim’s active Ayers, Jr., and ending Jeffery Hart, which duty call up came on December 20, 1990. Col. Anders B. Aadland, 000–00–0000. nominations were received by the Senate and Col. Lawrence R. Adair, 000–00–0000. Along with 325 brave men and women appeared in the Congressional Record of Sep- from the Spokane area, Jim deployed Col. Robert E. Armbruster, Jr., 000–00–0000. tember 19, 1996. Col. Raymond D. Barrett, Jr., 000–00–0000. Marine Corps nomination of Robert T. to the gulf region to be absorbed in the Col. Joseph L. Bergantz, 000–00–0000. Bader, which was received by the Senate and active duty Air Force. Half of Jim’s Col. William L. Bond, 000–00–0000. appeared in the Congressional Record of Sep- squadron went to Cairo, Egypt. The Col. Colby M. Broadwater III, 000–00–0000. tember 13, 1996. other half, including Jim, flew to Col. James D. Bryan, 000–00–0000. Marine Corps nomination of Wayne D. Jeddah, Saudi Arabia to join with ac- Col. Kathryn G. Carlson, 000–00–0000. Szymczyk, which was received by the Senate Col. John P. Cavanaugh, 000–00–0000. tive duty components. It is important and appeared in the Congressional Record of to note here the adaptability of our Col. Richard A. Cody, 000–00–0000. September 13, 1996. Col. Billy R. Cooper, 000–00–0000. Navy nominations beginning Brian G. Guard forces. With superior training Col. John M. Curran, 000–00–0000. Buck, and ending Eric M. Van Meter, which and total dedication, the Washington Col. Peter M. Cuviello, 000–00–0000. nominations were received by the Senate and State Air National Guard linked with Col. Dell L. Dailey, 000–00–0000. appeared in the Congressional Record of No- the regular Air Force to form an active Col. John J. Deyermond, 000–00–0000. vember 7, 1995. duty squadron—the 1709th Air Refuel- Col. James M. Dubik, 000–00–0000. Navy nominations beginning Jeffery L. Col. John P. Geis, 000–00–0000. ing Squadron provisional. Jim not sur- Bennett, and ending Steven A. Swittel, prisingly, was second in command. Col. Larry D. Gottardi, 000–00–0000. which nominations were received by the Sen- Col. James J. Grazioplene, 000–00–0000. ate and appeared in the Congressional With bankers, teachers, lawyers, Col. Robert H. Griffin, 000–00–0000. Record of December 11, 1995. housewives, contractors, judges, and Col. Richard A. Hack, 000–00–0000. Navy nominations beginning Rufus S. active duty personnel, this squadron Col. Wayne M. Hall, 000–00–0000. Abernethy, III, and ending James A. Weselis, represented 50 airplanes, 80 crews, and Col. William P. Heilman, 000–00–0000. which nominations were received by the Sen- 320 crew members for 8 different Col. Russel L. Honore, 000–00–0000. ate and appeared in the Congressional States. Home based in Jeddah, from Col. James T. Jackson, 000–00–0000. Record of July 17, 1996. the December 31 to January 15, 1991, Col. Terry E. Juskowiak, 000–00–0000. Navy nominations beginning Glenn F. Col. Geoffrey C. Lambert, 000–00–0000. Abad, and ending Russell L. Wyckoff, which Jim and his team planned now they Col. William J. Leszczynski, 000–00–0000. nominations were received by the Senate and were going to wage a war. They Col. Wade H. McManus, Jr., 000–00–0000. appeared in the Congressional Record of Sep- planned well. Col. Richard J. Quirk III, 000–00–0000. tember 9, 1996. As he tells it, the morning of Janu- Col. William H. Russ, 000–00–0000. f ary 16, 1991—the start of the war—was Col. Donald J. Ryder, 000–00–0000. the most difficult day in Jim’s life. Col. John K. Schmitt, 000–00–0000. TRIBUTE TO JAMES MCDEVITT Commanding officers were prohibited Col. Walter L. Sharp, 000–00–0000. Mr. GORTON. Mr. President, today I Col. Toney Stricklin, 000–00–0000. from flying in sorties during the first Col. Frank J. Toney, Jr., 000–00–0000. want to recognize James A. McDevitt, missions. So Jim had to wait and pray Col. Alfred A. Valenzuela, 000–00–0000. who has just been promoted to briga- that his comrades, men and women he Col. John R. Vines, 000–00–0000. dier general in the Washington Air Na- had flown with for 25 years, would Col. Craig B. Whelden, 000–00–0000. tional Guard. I take special pleasure in come back safely. Of course they all Col. Roy S. Whitcomb, 000–00–0000. offering my congratulations because performed brilliantly, as did Jim, and Col. Robert Wilson, 000–00–0000. Jim is a friend and former colleague; this Nation is better off for their hard Col. Walter Wojdakowski, 000–00–0000. for 5 years, he worked for me in the work and patriotism. Col. Joseph L. Yakovac, Jr., 000–00–0000. State attorney general’s office as as- f The following-named officer for reappoint- sistant attorney general. He is also my ment to the grade of lieutenant general in LEGISLATIVE SESSION the U.S. Army while assigned to a position of frequent host when I go to Spokane to importance and responsibility under title 10, run in the wonderful Bloomsday race. The PRESIDING OFFICER. Under United States Code section 601(a): Jim has served this country for three the previous order, the Senate will re- To be lieutenant general decades. He was trained as a navigator sume legislative session. Lt. Gen. Jay M. Garner, 000–00–0000. and bombardier, and went on to serve f The following U.S. Army National Guard as a weapons systems officer and flight examiner in the late 1960’s and early ORDERS FOR THURSDAY, officer for promotion in the Reserve of the SEPTEMBER 26, 1996 Army to the grade indicated under title 10, 1970’s. His assignments took him to United States Code sections 3385, 3392 and Korea, Thailand, Vietnam, Spain, Ger- Mr. GRASSLEY. Mr. President, I ask 12203(a): many, and England. unanimous consent that, when the Sen- to be brigadier general In January 1971, Jim joined the 116th ate completes its business today, it Col. Frank A. Avallone, 000–00–0000. Fighter Interceptor Squadron, Wash- stand in adjournment until the hour of

VerDate Aug 31 2005 00:20 Jul 01, 2008 Jkt 041999 PO 00000 Frm 00122 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S25SE6.REC S25SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 25, 1996 CONGRESSIONAL RECORD — SENATE S11333 9 a.m. on Thursday, September 26; fur- AIR FORCE WHILE ASSIGNED TO A POSITION OF IMPOR- COL. DELL L. DAILEY, 000–00–0000. TANCE AND RESPONSIBILITY UNDER TITLE 10, UNITED COL. JOHN J. DEYERMOND, 000–00–0000. ther, that immediately following the STATES CODE, SECTION 601: COL. JAMES M. DUBIK, 000–00–0000. prayer, the Journal of proceedings be COL. JOHN P. GEIS, 000–00–0000. To be lieutenant general COL. LARRY D. GOTTARDI, 000–00–0000. deemed approved to date, no resolu- MAJ. GEN. JOSEPH J. REDDEN, 000–00–0000. COL. JAMES J. GRAZIOPLENE, 000–00–0000. tions come over under the rule, the call COL. ROBERT H. GRIFFIN, 000–00–0000. THE FOLLOWING-NAMED OFFICERS FOR APPOINTMENT COL. RICHARD A. HACK, 000–00–0000. of the calendar be dispensed with, the IN THE RESERVE OF THE AIR FORCE, TO THE GRADE IN- COL. WAYNE M. HALL, 000–00–0000. morning hour be deemed to have ex- DICATED, UNDER THE PROVISIONS OF TITLE 10 UNITED COL. WILLIAM P. HEILMAN, 000–00–0000. STATES CODE, SECTIONS 8374, 12201, AND 12212: COL. RUSSELL L. HONORE, 000–00–0000. pired, the time for the two leaders be To be brigadier general COL. JAMES T. JACKSON, 000–00–0000. reserved for their use later in the day, COL. TERRY E. JUSTKOWIAK, 000–00–0000. COL. WILLIAM J. BROADLEY, 000–00–0000, AIR NATIONAL COL. GEOFFREY C. LAMBERT, 000–00–0000. and I further ask the Senate imme- GUARD OF THE UNITED STATES. COL. WILLIAM J. LESZCZYNSKI, 000–00–0000. diately begin the veto message to ac- COL. WALTER R. ERNST II, 000–00–0000, AIR NATIONAL COL. WADE H. MCMANUS, JR., 000–00–0000. GUARD OF THE UNITED STATES. COL. RICAHRD J. QUIRK III, 000–00–0000. company H.R. 1833, the partial-birth COL. DENNIS A. HIGDON, 000–00–0000, AIR NATIONAL COL. WILLIAM H. RUSS, 000–00–0000. abortion bill. GUARD OF THE UNITED STATES. COL. DONALD J. RYDER, 000–00–0000. COL. ENRIQUE J. LANZ, 000–00–0000, AIR NATIONAL GUARD COL. JOHN K. SCHMITT, 000–00–0000. The PRESIDING OFFICER. Without OF THE UNITED STATES. COL. WALTER L. SHARP, 000–00–0000. objection, it is so ordered. COL. THOMAS P. LAUPPE, 000–00–0000, AIR NATIONAL COL. TONEY STRICKLIN, 000–00–0000. GUARD OF THE UNITED STATES. COL. FRANK J. TONEY, JR., 000–00–0000. SCHEDULE COL. JAMES A. MC DEVITT, 000–00–0000, AIR NATIONAL COL. ALFRED A. VALENZUELA, 000–00–0000. GUARD OF THE UNITED STATES. COL. JOHN R. VINES, 000–00–0000. Mr. GRASSLEY. For the information COL. JOSEPH I. MENSCHING, 000–00–0000, AIR NATIONAL COL. CRAIG B. WHELDEN, 000–00–0000. of all Senators, the Senate will vote on GUARD OF THE UNITED STATES. COL. ROY S. WHITCOMB, 000–00–0000. COL. FISK OUTWATER, 000–00–0000, AIR NATIONAL GUARD COL. ROBERT WILSON, 000–00–0000. the veto message with respect to the OF THE UNITED STATES. COL. WALTER WOJDAKOWSKI, 000–00–0000. partial-birth abortion bill, hopefully by COL. LAWRANCE L. PAULSON, 000–00–0000, AIR NATIONAL COL. JOSEPH L. YAKOVAC, JR., 000–00–0000. GUARD OF THE UNITED STATES. THE FOLLOWING-NAMED OFFICER FOR REAPPOINT- early afternoon on Thursday. The Sen- COL. MAXEY J. PHILLIPS, 000–00–0000, AIR NATIONAL MENT TO THE GRADE OF LIEUTENANT GENERAL IN THE GUARD OF THE UNITED STATES. ate can also be expected to consider U.S. ARMY WHILE ASSIGNED TO A POSITION OF IMPOR- COL. WALLACE F. PICKARD, JR., 000–00–0000, AIR NA- TANCE AND RESPONSIBILITY UNDER TITLE 10, UNITED any and all of the following items: Im- TIONAL GUARD OF THE UNITED STATES. STATES CODE, SECTION 601(A): migration conference report, Presidio COL. RICHARD A. PLATT, 000–00–0000, AIR NATIONAL GUARD OF THE UNITED STATES. To be lieutenant general Park conference report, NIH authoriza- COL. JOHN C. SCHNELL, 000–00–0000, AIR NATIONAL GUARD tion bill, the pipeline safety bill. OF THE UNITED STATES. LT. GEN. JAY M. GARNER, 000–00–0000. COL. ALLEN J. SMITH, 000–00–0000, AIR NATIONAL GUARD In addition, the Senate can also be OF THE UNITED STATES. THE FOLLOWING U.S. ARMY NATIONAL GUARD OFFICER expected to begin, if available, the om- COL. PAUL J. SULLIVAN, 000–00–0000, AIR NATIONAL FOR PROMOTION IN THE RESERVE OF THE ARMY TO THE GUARD OF THE UNITED STATES. GRADE INDICATED UNDER TITLE 10, UNITED STATES nibus appropriation bill making con- COL. MICHAEL H. TICE, 000–00–0000, AIR NATIONAL GUARD CODE, SECTIONS 3385, 3392 AND 12203(A): tinuing appropriations for fiscal year OF THE UNITED STATES. To be brigadier general IN THE ARMY 1997. Therefore, votes can be expected COL. FRANK A. AVALLONE, 000–00–0000. throughout Thursday’s session of the THE FOLLOWING-NAMED OFFICERS FOR PROMOTION IN IN THE AIR FORCE Senate, and Senators should be pre- THE REGULAR ARMY OF THE UNITED STATES TO THE GRADE INDICATED, UNDER TITLE 10, UNITED STATES AIR FORCE NOMINATION OF WENDELL R. KELLER pared to be in session late each night CODE, SECTIONS 611(A) AND 624: WHICH WAS RECEIVED BY THE SENATE AND APPEARED for the remainder of the session in an To be brigadier general IN THE CONGRESSIONAL RECORD OF SEPTEMBER 19, 1996. AIR FORCE NOMINATIONS BEGINNING SEAN P. ABELL, effort to adjourn the 104th Congress COL. JOHN P. ABIZAID, 000–00–0000, U.S. ARMY. AND ENDING TIMOTHY T. WILDAY, WHICH NOMINATIONS prior to the new fiscal year, which be- COL. DANIEL L. MONTGOMERY, 000–00–0000, U.S. ARMY. WERE RECEIVED BY THE SENATE AND APPEARED IN THE CONGRESSIONAL RECORD ON SEPTEMBER 19, 1996. gins Tuesday, October 1. THE FOLLOWING U.S. ARMY NATIONAL GUARD OFFICER AIR FORCE NOMINATIONS BEGINNING RANDALL R. FOR PROMOTION IN THE RESERVE OF THE ARMY TO THE BALL, AND ENDING DAVID B. GRUBLER, WHICH NOMINA- f GRADE INDICATED UNDER TITLE 10, UNITED STATES TIONS WERE RECEIVED BY THE SENATE AND APPEARED CODE, SECTIONS 3385, 3392 AND 12203(A): IN THE CONGRESSIONAL RECORD ON SEPTEMBER 19, 1996. ADJOURNMENT UNTIL 9 A.M. To be brigadier general AIR FORCE NOMINATIONS BEGINNING JAMES E. BALL, TOMORROW AND ENDING PHYLLIS M. CAMPBELL, WHICH NOMINA- COL. LLOYD E. KRASE, 000–00–0000. TIONS WERE RECEIVED BY THE SENATE AND APPEARED Mr. GRASSLEY. If there is no fur- THE FOLLOWING U.S. ARMY NATIONAL GUARD OFFICER IN THE CONGRESSIONAL RECORD ON SEPTEMBER 19, 1996. FOR PROMOTION IN THE RESERVE OF THE ARMY TO THE IN THE ARMY ther business to come before the Sen- GRADE INDICATED UNDER TITLE 10, UNITED STATES ate, I now ask unanimous consent the CODE, SECTIONS 3385, 3392 AND 12203(A): ARMY NOMINATIONS BEGINNING ERNEST R. ADKINS, To be brigadier general AND ENDING RAYMOND F. ROOT, WHICH NOMINATIONS Senate stand in adjournment under the WERE RECEIVED BY THE SENATE AND APPEARED IN THE previous order. COL. PAUL J. GLAZAR, 000–00–0000. CONGRESSIONAL RECORD ON SEPTEMBER 19, 1996. ARMY NOMINATIONS BEGINNING WILLIAM A. AYERS, There being no objection, the Senate, THE FOLLOWING-NAMED OFFICER FOR APPOINTMENT JR., AND ENDING JEFFREY HART, WHICH NOMINATIONS at 8:33 p.m, adjourned until Thursday, TO THE GRADE OF LIEUTENANT GENERAL IN THE U.S. WERE RECEIVED BY THE SENATE AND APPEARED IN THE ARMY WHILE ASSIGNED TO A POSITION OF IMPORTANCE CONGRESSIONAL RECORD ON SEPTEMBER 19, 1996. September 26, 1996, at 9 a.m. AND RESPONSIBILITY UNDER TITLE 10, UNITED STATES CODE, SECTION 601(A): IN THE MARINE CORPS f To be lieutenant general MARINE CORPS NOMINATION OF ROBERT T. BADER, WHICH WAS RECEIVED BY THE SENATE AND APPEARED NOMINATIONS MAJ. GEN. DOUGLAS D. BUCHHOLZ, 000–00–0000, U.S. ARMY. IN THE CONGRESSIONAL RECORD OF SEPTEMBER 13, 1996. Executive nominations received by THE FOLLOWING-NAMED ARMY COMPETITIVE CAT- MARINE CORPS NOMINATION OF WAYNE D. SZYMCZYK, EGORY OFFICERS FOR PROMOTION IN THE REGULAR WHICH WAS RECEIVED BY THE SENATE AND APPEARED the Senate September 25, 1996: ARMY OF THE UNITED STATES TO THE GRADE OF BRIGA- IN THE CONGRESSIONAL RECORD OF SEPTEMBER 13, 1996. FEDERAL ELECTION COMMISSION DIER GENERAL UNDER THE PROVISIONS OF TITLE 10, UNITED STATES CODE, SECTIONS 611(A) AND 624(C): IN THE NAVY KELLY D. JOHNSTON, OF OKLAHOMA, TO BE A MEMBER To be brigadier general NAVY NOMINATIONS BEGINNING BRIAN G. BUCK, AND OF THE FEDERAL ELECTION COMMISSION FOR A TERM ENDING ERIC M. VAN METER, WHICH NOMINATIONS WERE EXPIRING APRIL 30, 2001, VICE JOAN D. AIKENS, TERM EX- COL. ANDERS B. AADLAND, 000–00–0000. RECEIVED BY THE SENATE AND APPEARED IN THE CON- PIRED. COL. LAWRENCE R. ADAIR, 000–00–0000. GRESSIONAL RECORD OF NOVEMBER 7, 1995. COL. ROBERT E. ARMBRUSTER, JR., 000–00–0000. NAVY NOMINATIONS BEGINNING JEFFRY L. BENNETT, f COL. RAYMOND D. BARRETT, JR., 000–00–0000. AND ENDING STEVEN A. SWITTEL, WHICH NOMINATIONS COL. JOSEPH L. BERGANTZ, 000–00–0000. WERE RECEIVED BY THE SENATE AND APPEARED IN THE CONFIRMATIONS COL. WILLIAM L. BOND, 000–00–0000. CONGRESSIONAL RECORD ON DECEMBER 11, 1995. COL. COLBY M. BROADWATER III, 000–00–0000. NAVY NOMINATIONS BEGINNING RUFUS S. ABERNETHY Executive nominations confirmed by COL. JAMES D. BRYAN, 000–00–0000. III, AND ENDING JAMES A. WESELIS, WHICH NOMINA- COL. KATHRYN G. CARLSON, 000–00–0000. TIONS WERE RECEIVED BY THE SENATE AND APPEARED the Senate September 25, 1996: COL. JOHN P. CAVANAUGH, 000–00–0000. IN THE CONGRESSIONAL RECORD ON JULY 17, 1996. IN THE AIR FORCE COL. RICHARD A. CODY, 000–00–0000. NAVY NOMINATIONS BEGINNING GLENN F. ABAD, AND COL. BILLY R. COOPER, 000–00–0000. ENDING RUSSELL L. WYCKOFF, WHICH NOMINATIONS THE FOLLOWING-NAMED OFFICER FOR APPOINTMENT COL. JOHN M. CURRAN, 000–00–0000. WERE RECEIVED BY THE SENATE AND APPEARED IN THE TO THE GRADE OF LIEUTENANT GENERAL IN THE U.S. COL. PETER M. CUVIELLO, 000–00–0000. CONGRESSIONAL RECORD ON SEPTEMBER 9, 1996.

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