E PL UR UM IB N U U S United States th of America PROCEEDINGS AND DEBATES OF THE 106 CONGRESS, FIRST SESSION

Vol. 145 WASHINGTON, MONDAY, FEBRUARY 8, 1999 No. 22 House of Representatives The House met at 2 p.m. nounced that the Senate had passed a Maurice Sonnenberg, of New York. The Chaplain, Reverend James David Concurrent Resolution of the following The message also announced that Ford, D.D., offered the following pray- title, in which the concurrence of the pursuant to sections 276h–276k of title er: House is requested: 22, United States Code, as amended, the Let us pray using words of Psalm 46. S. Con. Res. 6. Concurrent resolution au- Chair, on behalf of the Vice President, God is our refuge and strength, a thorizing flags located in the Capitol com- appoints the Senator from Georgia (Mr. very present help in trouble. plex to be flown at half-staff in memory of R. COVERDELL) as the Chairman of the Therefore we will not fear though the Scott Bates, Legislative Clerk of the United Senate Delegation to the Mexico- Earth should change, though the States Senate. United States Interparliamentary mountains shake in the heart of the The message also announced that Group during the One Hundred Sixth sea; though its waters roar and foam, pursuant to sections 1928a–1928d of title Congress. though the mountains tremble with its 22, United States Code, as amended, the The message also announced that tumult. Chair, on behalf of the Vice President, pursuant to Public Law 105–292, the Come behold the works of the Lord, appoints the Senator from Delaware Chair, on behalf of the President pro how He has wrought desolations in the (Mr. BIDEN) as Vice Chairman of the tempore, upon the recommendation of Earth. Senate Delegation to the North Atlan- the Democratic Leader, appoints The He makes wars cease to the end of tic Assembly during the One Hundred Most Reverend Theodore E. McCarrick, the Earth; He breaks the bow, and Sixth Congress. Archbishop of Newark, New Jersey, to shatters the spear; He burns the chari- The message also announced that the Commission on International Reli- ots with fire. pursuant to sections 1928a–1928d of title gious Freedom. Be still, and know that I am God. I 22, United States Code, as amended, the The message also announced that am exalted among the nations. I am ex- Chair, on behalf of the Vice President, pursuant to Public Law 105–277, the alted in the Earth. appoints the Senator from Delaware Chair, on behalf of the President pro The Lord of hosts is with us; the God (Mr. ROTH) as Chairman of the Senate tempore, in consultation with the of Jacob is our refuge. Amen. Delegation to the North Atlantic As- Ranking Member of the Senate Com- f sembly during the One Hundred Sixth mittee on Finance, appoints the follow- Congress. ing individuals to the Trade Deficit Re- THE JOURNAL The message also announced that view Commission: The SPEAKER. The Chair has exam- pursuant to sections 276h–276k, as Dimitri B. Papadimitriou, of New ined the Journal of the last day’s pro- amended, the Chair, on behalf of the York; ceedings and announces to the House Vice President, appoints the Senator C. Richard D’Amato, of Maryland; his approval thereof. from Connecticut (Mr. DODD) as Vice and Pursuant to clause 1, rule I, the Jour- Chairman of the Senate Delegation to Lester C. Thurow, of . nal stands approved. the Mexico-United States Inter- The message also announced that pursuant to Public Law 105–277, the f parliamentary Group during the One Hundred Sixth Congress. Chair, on behalf of the Majority Lead- PLEDGE OF ALLEGIANCE The message also announced that er, announces the appointment of The SPEAKER. Will the gentleman pursuant to Public Law 105–83, the Manuel H. Johnson, of Virginia, to from Michigan (Mr. KNOLLENBERG) Chair, on behalf of the Majority Lead- serve as a member of the International come forward and lead the House in the er, announces the appointment of the Financial Institution Advisory Com- Pledge of Allegiance. Senator from Alabama (Mr. SESSIONS) mission. Mr. KNOLLENBERG led the Pledge to serve as a member of the National The message also announced that of Allegiance as follows: Council on the Arts. pursuant to section 2761 of title 22, United States Code, the Chair, on be- I pledge allegiance to the Flag of the The message also announced that United States of America, and to the Repub- pursuant to Public Law 105–277, the half of the President pro tempore, and lic for which it stands, one nation under God, Chair, on behalf of the Democratic upon the recommendation of the Ma- indivisible, with liberty and justice for all. Leader announces the appointment of jority Leader, appoints the Senator f the following individuals to serve as from Alaska (Mr. STEVENS) as Chair- members of the National Commission man of the Senate Delegation to the MESSAGE FROM THE SENATE on Terrorism: British-American Interparliamentary A message from the Senate by Mr. Richard Kevin Betts, of New Jersey; Group during the One Hundred Sixth Lundregan, one of its clerks, an- and Congress.

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

H463

. H464 CONGRESSIONAL RECORD — HOUSE February 8, 1999 The message also announced that The message also announced that Taxes are at an all time high. When pursuant to Public Law 105–277, the pursuant to Public Law 105–255, the State and local taxes are added to the Chair, on behalf of the Majority Lead- Chair, on behalf of the Majority Lead- Federal tax bite, the average American er, announces the appointment of the er, announces the appointment of the family ends up paying more in taxes following individuals to serve as mem- following individuals to serve as mem- than it spends on housing, food and bers of the Commission on Online Child bers of the Commission on the Ad- clothing combined. Protection: vancement of Women and Minorities in I believe that is outrageous. With the Arthur Derosier, Jr., of Montana— Science, Engineering and Technology Federal Government expected to run a Representative of academia with exper- Development: Judy L. Johnson, of Mis- surplus of $4.4 trillion over the next 15 tise in the field of technology; sissippi; and Elaine M. Mendoza, of years, there is no excuse for taxing the Albert F. Gainer III, of Tennessee— . American people at a higher level than Representative of a business providing The message also announced that what was needed to win World War II. filtering or blocking services pursuant to Public Law 104–293, as Mr. Speaker, it is time to cut taxes or software; amended by Public Law 105–277, the for every American. A 10 percent across Donna Rice Hughes, of Virginia— Chair, on behalf of the Majority Lead- the board tax cut is the fairest and Representative of a business making er, announces the appointment of the simplest way to provide the American content available over the Internet; following individuals to serve as mem- people with the tax relief that they de- C. Bradley Keirens, of Colorado—Rep- bers of the Commission to Assess the serve. Instead of picking winners and resentative of a business providing Organization of the Federal Govern- losers, this proposal benefits every Internet access services; and ment to Combat the Proliferation of American who earns a paycheck. Karen L. Talbert, of Texas—Rep- Weapons of Mass Destruction: M.D.B. I urge my colleagues on both sides of resentative of a business providing la- Carlisle, of Washington, D.C.; and the aisle to support this common sense beling or ratings services. Henry D. Sokolski, of Virginia. tax relief plan. The message also announced that f f pursuant to Public Law 105–277, the NORTH KOREA’S LAUNCH OF Chair, on behalf of the Majority Lead- COMMUNICATION FROM THE TAEPO DONG MISSILE A WAKE- CLERK OF THE HOUSE er, announces the appointment of the UP CALL following individuals to serve as mem- The SPEAKER pro tempore (Mr. (Mr. GIBBONS asked and was given bers of the National Commission on NETHERCUTT) laid before the House the Terrorism: permission to address the House for 1 following communication from the Wayne A. Downing, of Colorado; minute and to revise and extend his re- Clerk of the House of Representatives: Fred Ikle, of Maryland; and marks.) Mr. GIBBONS. Mr. Speaker, last year OFFICE OF THE CLERK, John F. Lewis, of New York. HOUSE OF REPRESENTATIVES, The message also announced that I and many of my colleagues expressed Washington DC, February 4, 1999. pursuant to Public Law 93–415, as our concerns over the growing missile Hon. J. DENNIS HASTERT, amended by Public Law 102–586, the threat to the United States. The Speaker, House of Representatives, Chair, on behalf of the Majority Lead- Chief among those concerns was the Washington, DC. er, after consultation with the Demo- administration’s lack of resolve to de- DEAR MR. SPEAKER: Pursuant to the per- cratic Leader, announces the appoint- ploy a National Missile Defense sys- mission granted in Clause 5 of Rule III of the Rules of the U.S. House of Representatives, I ment of William Keith Oubre, of Mis- tem. Surprisingly, though, the North Ko- have the honor to transmit a sealed envelope sissippi, to serve as member of the Co- rean launch of a Taepo Dong missile in received from the White House on February ordinating Council on Juvenile Justice August of last year was a wake-up call 4, 1999 at 12:30 p.m. and said to contain a and Delinquency Prevention, vice Rob- message from the President whereby he sub- for this administration and for Amer- ert H. Maxwell, of Mississippi. mits the Economic Report of the President. The message also announced that ica as well, because portions of this With best wishes, I am pursuant to Public Law 105–83, the missile landed off the coast of Alaska. Sincerely, Mr. Speaker, the threat is here and it Chair, on behalf of the Democratic JEFF TRANDAHL. must be countered. I applaud the dedi- Leader, announces the appointment of f cation of $6.6 billion in the administra- the Senator from (Mr. DURBIN) tion’s budget and the commitment to ECONOMIC REPORT OF THE PRESI- as a member of the National Council on deploy viable National Missile Defense. DENT—MESSAGE FROM THE the Arts. I am proud to be a part of this effort PRESIDENT OF THE UNITED The message also announced that and, based on my own experience in the STATES (H. DOC. NO. 106–2) pursuant to Public Law 105–244, the Gulf War with these terror weapons, I The SPEAKER pro tempore laid be- Chair, on behalf of the Majority Leader will fight to ensure that no American fore the House the following message announces the appointment of the fol- citizen will ever be confronted with a from the President of the United lowing individuals to serve as members Taepo Dong missile or any other terror States; which was read and, together of the Web-Based Education Commis- missile. with the accompanying papers, without sion: Patti S. Abraham, of Mississippi; Mr. Speaker, with all the uncertain- objection, referred to the Joint Eco- and George Bailey, of Montana. ties in our world, for our children, for nomic Committee and ordered to be The message also announced that our grandchildren, we must strengthen printed: pursuant to sections 276d–276g of title our national security and protect our 22, United States Code, as amended, the precious country. To the Congress of the United States: Chair, on behalf of the Vice President, I encourage all Members to help pro- I am pleased to report that the Amer- appoints the Senator from Alaska (Mr. tect America. Let us pass H.R. 4, be- ican economy today is healthy and MURKOWSKI) as Chairman of the Senate cause a national missile defense is strong. Our Nation is enjoying the Delegation to the Canada-United something we cannot live without. longest peacetime economic expansion States Interparliamentary Group dur- f in its history, with almost 18 million ing the First Session of the One Hun- new jobs since 1993, wages rising at dred Sixth Congress. IT IS TIME FOR AN ACROSS THE twice the rate of inflation, the highest The message also announced that BOARD INCOME TAX CUT home ownership ever, the smallest wel- pursuant to Public Law 105–277, the (Mr. KNOLLENBERG asked and was fare rolls in 30 years, and unemploy- Chair, on behalf of the Majority Lead- given permission to address the House ment and inflation at their lowest lev- er, announces the appointment of the for 1 minute and to revise and extend els in three decades. following individuals to serve as mem- his remarks.) This expansion, unlike recent pre- bers of the International Financial In- Mr. KNOLLENBERG. Mr. Speaker, vious ones, is both wide and deep. All stitution Advisory Commission: on January 6, I introduced a bill to cut income groups, from the richest to the Charles W. Calomiris, of New York; and Federal income taxes by 10 percent poorest, have seen their incomes rise Edwin J. Feulner, Jr., of Virginia. across the board. since 1993. The typical family income is February 8, 1999 CONGRESSIONAL RECORD — HOUSE H465 up more than $3,500, adjusted for infla- our trading partners around the world. tribute to their USA accounts and ad- tion. African-American and Hispanic Until recently, fully one-third of the ditional tax credits to match a portion households, who were left behind dur- strong economic growth America has of their savings—with more help for ing the last expansion, have also seen enjoyed in the 1990s has come from ex- lower income . This is the substantial increases in income. ports. That trade has been aided by 270 right way to provide tax relief to the Our Nation’s budget is balanced, for trade agreements we have signed in the American people. the first time in a generation, and we past 6 years. Education is also key to our Nation’s are entering the second year of an era ADDRESSING OUR NATION’S ECONOMIC future prosperity. That is why I pro- of surpluses: our projections show that CHALLENGES posed in my State of the Union address we will close out the 1999 fiscal year We have created a strong, healthy, a plan to create 21st-century schools with a surplus of $79 billion, the largest and truly global economy—an economy through greater investment and more in the history of the United States. We that is a leader for growth in the accountability. Under my plan, States are on course for budget surpluses for world. But common sense, experience, and school districts that accept Fed- many years to come. and the example of our competitors eral resources will be required to end These economic successes are not ac- abroad show us that we cannot afford social promotion, turn around or close cidental. They are the result of an eco- to be complacent. Now, at this moment failing schools, support high-quality nomic strategy that we have pursued of great plenty, is precisely the time to teachers, and promote innovation, since 1993. It is a strategy that rests on face the challenges of the next century. competition, and discipline. My plan three pillars: fiscal discipline, invest- We must maintain our fiscal dis- also proposes increasing Federal in- ments in education and technology, cipline by saving Social Security for vestments to help States and school and expanding exports to the growing the 21st century—thereby laying the districts take responsibility for failing world market. Continuing with this foundations for future economic schools, to recruit and train new teach- proven strategy is the best way to growth. ers, to expand after school and summer maintain our prosperity and meet the By 2030, the number of elderly Ameri- school programs, and to build or fix challenges of the 21st century. cans will double. This is a seismic de- 5,000 schools. THE ADMINISTRATION’S ECONOMIC AGENDA mographic shift with great con- At this time of continued turmoil in Our new economic strategy was root- sequences for our Nation. We must the international economy, we must do ed first and foremost in fiscal dis- keep Social Security a rock-solid guar- more to help create stability and open cipline. We made hard fiscal choices in antee. That is why I proposed in my markets around the world. We must 1993, sending signals to the market State of the Union address that we in- press forward with open trade. It would that we were serious about dealing vest the surplus to save Social Secu- be a terrible mistake, at this time of with the budget deficits we had inher- rity. I proposed that we commit 62 per- economic fragility in so many regions, ited. The market responded by lower- cent of the budget surplus for the next for the United States to build new ing long-term interest rates. Lower in- 15 years to Social Security. I also pro- walls of protectionism that could set terest rates in turn helped more people posed investing a small portion in the off a chain reaction around the world, buy homes and borrow for college, private sector. This will allow the trust imperiling the growth upon which we helped more entrepreneurs to start fund to earn a higher return and keep depend. At the same time, we must do businesses, and helped more existing Social Security sound until 2055. more to make sure that working people businesses to invest in new technology But we must aim higher. We should are lifted up by trade. We must do and equipment. America’s economic put Social Security on a sound footing more to ensure that spirited economic success has been fueled by the biggest for the next 75 years. We should reduce competition among nations never be- boom in private sector investment in poverty among elderly women, who are comes a race to the bottom in the area decades—more than $1 trillion in cap- nearly twice as likely to be poor as of environmental protections or labor ital was freed for private sector invest- other seniors. And we should eliminate standards. ment. In past expansions, government the limits on what seniors on Social Strengthening the foundations of bought more and spent more to drive Security can earn. These changes will trade means strengthening the archi- the economy. During this expansion, require difficult but fully achievable tecture of international finance. The government spending as a share of the choices over and above the dedication United States must continue to lead in economy has fallen. of the surplus. stabilizing the world financial system. The second part of our strategy has Once we have saved Social Security, When nations around the world descend been to invest in our people. A global we must fulfill our obligation to save into economic disruption, consigning economy driven by information and and improve Medicare and invest in populations to poverty, it hurts them fast-paced technological change cre- long-term health care. That is why I and it hurts us. These nations are our ates ever greater demand for skilled have called for broader, bipartisan re- trading partners; they buy our prod- workers. That is why, even as we bal- forms that keep Medicare secure until ucts and can ship low-cost products to anced the budget, we substantially in- 2020 through additional savings and American consumers. creased our annual investment in edu- modernizing the program with market- The U.S. proposal for containing fi- cation and training. We have opened oriented purchasing tools, while also nancial contagion has been taken up the doors of college to all Americans, providing a long-overdue prescription around the world: interest rates are with tax credits and more affordable drug benefit. being cut here and abroad, America is student loans, with more work-study By saving the money we will need to meeting its obligations to the Inter- grants and more Pell grants, with edu- save Social Security and Medicare, national Monetary Fund, and a new fa- cation IRAs and the new HOPE Schol- over the next 15 years we will achieve cility has been created at the World arship tax credit that more than 5 mil- the lowest ratio of publicly held debt Bank to strengthen the social safety lion Americans will receive this year. to gross domestic product since 1917. net in Asia. And agreement has been Even as we closed the budget gap, we This debt reduction will help keep fu- reached to establish a new precaution- have expanded the earned income tax ture interest rates low or drive them ary line of credit, so nations with credit for almost 20 million low-income even lower, fueling economic growth strong economic policies can quickly working families, giving them hope well into the 21st century. get the help they need before financial and helping lift them out of poverty. To spur future growth, we must also problems mushroom from concerns to Even as we cut government spending, encourage private retirement saving. crises. we have raised investments in a wel- In my State of the Union address I pro- We must do more to renew our cities fare-to-work jobs initiative and in- posed that we use about 12 percent of and distressed rural areas. My Admin- vested $24 billion in our children’s the surplus to establish new Universal istration has pursued a new strategy, health initiative. Savings Accounts—USA accounts. based on empowerment and invest- Third, to build the American econ- These will ensure that all Americans ment, and we have seen its success. omy, we have focused on opening for- have the means to save. Americans With the critical assistance of Em- eign markets and expanding exports to could receive a flat tax credit to con- powerment Zones, unemployment rates H466 CONGRESSIONAL RECORD — HOUSE February 8, 1999 in cities across the country have progress in BiH against the ten bench- tionship with the Federal Republic of dropped dramatically. But we have marks (‘‘aims’’) outlined in my certifi- Yugoslavia (FRY) Army. Similarly, the more work to do to bring the spark of cation to the Congress of March 3, 1998. Bosnian Croat element of the Federa- private enterprise to neighborhoods NATO adopted these benchmarks on tion Army maintains ties with Croatia. that have too long been without hope. May 28, 1998, as part of its approval of In both cases, however, limited re- That is why my budget includes an in- the Stabilization Force (SFOR) mili- sources impinge on what either Croatia novative ‘‘New Markets’’ initiative to tary operations plan (OPLAN 10407). or the FRY can provide financially or spur $15 billion in new private sector The Steering Board of the Peace Imple- materially; the overall trend in support capital investment in businesses in un- mentation Council (PIC) subsequently is downward. In some areas, the VRS derserved areas through a package of adopted corresponding benchmarks in continues to have certain qualitative tax credits and guarantees. its Luxembourg Declaration of June 9, and quantitative advantages over the GOING FORWARD TOGETHER IN THE 21ST 1998. Federation Army, but the Train and CENTURY NATO, the Office of the High Rep- Equip Program has helped narrow the Now, on the verge of another Amer- resentative (OHR) and my Administra- gap in some key areas. The arms con- ican Century, our economy is at the tion have coordinated closely in evalu- trol regimes established under Articles pinnacle of power and success, but ating progress on Dayton implementa- II (confidence and security-building challenges remain. Technology and tion based on these benchmarks. There measures) and IV (arms reduction and trade and the spread of information is general agreement that there has limitations) of Annex 1–B of the Day- have transformed our economy, offer- been considerable progress in the past ton Peace Accords are functioning. In ing great opportunities but also posing year. The basic institutions of the October 1997, BiH and the other parties great challenges. All Americans must state, both political and economic, were recognized as being in compliance be equipped with the skills to succeed have been established. Key laws regard- with the limitations on five major and prosper in the new economy. Amer- ing foreign investment, privatization, types of armaments (battle tanks, ar- ica must have the courage to move for- and property are now in place. Free- mored combat vehicles, artillery, com- ward and renew its ideas and institu- dom of movement across the country bat aircraft, and attack helicopters) tions to meet new challenges. There has substantially improved. Fun- set forth in the Article IV agreement, are no limits to the world we can cre- damental reform of the media is under- which were derived from the Annex 1B ate, together, in the century to come. way. Elections have demonstrated a 5:2:2 ratios for the FRY, Republic of continuing trend towards growing plu- WILLIAM J. CLINTON. Croatia, and BiH respectively. The par- ralism. Nevertheless, there is still THE WHITE HOUSE, February 4, 1999. ties have since maintained armament much to be done, in particular on f levels consistent with the limitations interethnic tolerance and reconcili- and are expected to do so in the future. COMMUNICATION FROM THE ation, the development of effective A draft mandate for an Article V agree- CLERK OF THE HOUSE common institutions with powers ment (regional stability) has been ap- The SPEAKER pro tempore laid be- clearly delineated from those of the proved; negotiations are due to begin fore the House the following commu- Entities, and an open and pluralistic in early 1999. Military stability re- nication from the Clerk of the House of political life. The growth of organized mains dependent on SFOR as a deter- Representatives: crime also represents a serious threat. rent force. With specific reference to SFOR, the 2. Public Security and Law Enforce- OFFICE OF THE CLERK, Secretaries of State and Defense, in U.S. HOUSE OF REPRESENTATIVES, ment. Aim: A restructured and demo- Washington, DC, February 8, 1999. meetings in December 1998 with their cratic police force in both entities. Hon. J. DENNIS HASTERT, NATO counterparts, agreed that SFOR There has been considerable progress The Speaker, U.S. House of Representatives, continues to play an essential role in to date on police reform due to sus- Washington, DC. the maintenance of peace and stability tained joint efforts of the International DEAR MR. SPEAKER: Pursuant to the per- and the provision of a secure environ- Police Task Force (IPTF), Office of the mission granted in Clause 5 of Rule III of the ment in BiH, thus contributing signifi- High Representative (OHR), and SFOR, Rules of the U.S. House of Representatives, I cantly to progress in rebuilding BiH as which have overcome a number of sig- have the honor to transmit a sealed envelope received from the White House on February a single, democratic, and multiethnic nificant political obstacles. So far, ap- 5, 1999 at 3:50 p.m. and said to contain a mes- state. At the same time, NATO agreed proximately 85 percent of the police in sage from the President whereby he submits that we do not intend to maintain the Federation have received IPTF-ap- a report on ongoing efforts to achieve sus- SFOR’s presence at current levels in- proved training, as have approximately tainable peace in Bosnia and Herzegovina. definitely, and in fact agreed on initial 35 percent of the police in the With best wishes, I am reductions, which I will describe later Republika Srbska (RS). All sides con- Sincerely, in this report. Below is a benchmark- tinue to lag in the hiring of minority JEFF TRANDAHL. by-benchmark evaluation of the state- officers and, as the IPTF implements f of-play in BiH based on analysis of its plans to address this problem, ten- REPORT ON EFFORTS TO ACHIEVE input from multiple sources. sions will increase in the short-term. SUSTAINABLE PEACE IN BOSNIA 1. Military Stability. Aim: Maintain SFOR often must support the IPTF in AND HERZEGOVINA—MESSAGE Dayton cease-fire. Considerable the face of crime, public disorder, and FROM THE PRESIDENT OF THE progress has been made toward mili- rogue police. Monoethnic police forces UNITED STATES (H. DOC. NO. 106– tary stabilization in BiH. Entity have often failed to facilitate minority 17) Armed Forces (EAFs) are in compli- returns. In these types of scenarios, ance with Dayton, and there have been SFOR’s use of the Multinational Spe- The SPEAKER pro tempore laid be- no incidents affecting the cease-fire. cialized Unit (MSU) has been a force fore the House the following message EAFs remain substantially divided multiplier, requiring fewer, but spe- from the President of the United along ethnic lines. Integration of the cially trained troops. At this point, States; which was read and, together Federation Army does not reach down SFOR’s essential contribution to main- with the accompanying papers, without to corps-level units and below. How- taining a secure environment, to in- objection, referred to the Committee ever, progress has been made through clude backing up IPTF in support of on International Relations and ordered the Train and Equip Program to inte- nascent civilian police forces, remains to be printed: grate the Ministry of Defense and to critical to continued progress. To the Congress of the United States: provide the Federation with a credible 3. Judicial Reform. Aim: An effective Pursuant to section 7 of Public Law deterrent capability. Although it is un- judicial reform program. Several key 105–174, I am providing this report to likely to meet its target of full inte- steps forward were taken in 1998, such inform the Congress of ongoing efforts gration by August 1999, the Federation as the signing of an MOU on Inter-En- to achieve sustainable peace in Bosnia Ministry of Defense has begun staff tity Legal Assistance on May 20, 1998, and Herzegovina (BiH). This is the first planning for integration. The Bosnian and establishment of an Inter-Entity semiannual report that evaluates Serb Army (VRS) continues its rela- Legal Commission on June 4, 1998. The February 8, 1999 CONGRESSIONAL RECORD — HOUSE H467 Federation Parliament in July adopted have been passed, and banking legisla- der of all but two public indictees, but a new criminal code. Nevertheless, the tion has been partially passed. Fiscal have not cooperated fully with respect judicial system still requires signifi- revenues from taxes and customs have to the Tribunal’s orders that they turn cant reform. Judges are still influenced increased significantly. Nevertheless, over documents needed for the fair by politics, and the system is finan- the fiscal and revenue system is in its trial of a number of indictees. SFOR cially strapped and remains ethnically infancy. Implementation of privatiza- continues to provide crucial support in biased. Execution of judgments, in par- tion legislation is slow and the banking the apprehension of PIFWCs and for ticular eviction of persons who ille- sector is under-funded, but there are ICTY exhumations. gally occupy dwellings, is especially signs of development in GDP. There In my report to the Congress dated problematic. The progress made in the has been a marked increase in freedom July 28, 1998, I emphasized the impor- area of commercial law is encouraging of movement, further enhanced by the tant role that realistic target dates, for economic development prospects. uniform license plate law. SFOR’s con- combined with concerted use of incen- 4. Illegal Institutions, Organized Crime, tinued contribution to a secure envi- tives, leverage, and pressure on all par- and Corruption. Aim: The dissolution of ronment and facilitating freedom of ties, should play in maintaining the illegal pre-Dayton institutions. Corrup- movement is vital as economic reforms sense of urgency necessary to move tion remains a major challenge to begin to take hold. steadily toward an enduring peace. building democratic institutions of 8. Displaced Person and Refugee The December 1998 Peace Implemen- government. Structures for independ- (DPRE) Returns. Aim: A functioning tation Council Declaration and its ent monitoring of government finan- phased and orderly minority return annex (attached) offer target dates for cial transactions are still not in place. process. While there have been some accomplishment of specific tasks by Shadow institutions still need to be significant breakthroughs on DPRE re- authorities in BiH. The PIC decisions eliminated. The burden of creating in- turns to minority areas, such as Jajce, formed the background against which stitutions to combat fraud and orga- Stolac, Kotor Varos, Prijedor, Mostar, NATO Defense Ministers reviewed the nized crime falls mostly to the inter- and Travnik, the overall numbers have future of SFOR in their December 17 national community and in particular been low. In some areas where minor- meeting. Failure by Bosnian authori- to the IPTF. SFOR contributes to the ity DPREs have returned, interethnic ties to act within the prescribed time- secure environment necessary for the tensions rose quickly. Some national- frames would be the point of departure success of other international efforts ist political parties continue to ob- for more forceful action by the OHR to counter these illegal activities. struct the return of minority DPREs to and other elements of the international 5. Media Reform. Aim: Regulated, the areas they control. Poor living con- community. Priorities for 1999 will in- democratic, and independent media. ditions in some areas present little in- clude: accelerating the transition to a Approximately 80 percent television centive for DPREs to return. The Enti- sustainable market economy; increas- coverage has been achieved in BiH ties are using DPREs to resettle re- ing the momentum on the return of through the international community’s gions (opstinas) that are of strategic refugees and displaced persons, par- support for the Open Broadcasting Net- interest to each ethnic faction. SFOR’s ticularly to minority areas; providing a work (OBN), which is the first (and so contribution to a secure environment secure environment through the rule of far only) neutral source of news in BiH. remains vital to OHR efforts to facili- law, including significant progress on Several television and radio networks tate minority returns. judicial reform and further establish- have been restructured and are led by 9. Brcko. Aim: A multiethnic admin- ment of multiethnic police; developing new management boards. Most are in istration, DPRE returns, and secure en- and reinforcing the central institu- compliance with Dayton except for vironment. Freedom of movement in tions, including adoption of a perma- some regional broadcasts. The Inde- Brcko has improved dramatically. Citi- nent election law, and the development pendent Media Commission assumed zens of BiH are increasingly confident of greater confidence and cooperation responsibility for media monitoring in using their right to travel freely among the Entity defense establish- from the OSCE on October 31, 1998. throughout the municipality and the ments with the goal of their eventual Progress has been significant, but BiH region. Police and judicial elements unification; and pressing ahead with still has far to go to approach inter- have been installed, but the goal of media reform and education issues. national standards. SFOR’s past ac- multiethnicity in these elements still In accordance with the NATO De- tions in this area are a key deterrent has not been realized. About 1,000 Fed- fense Ministers’ guidance in June 1998, against illegal use of media assets to eration families have returned to the NATO is conducting a series of com- undermine Dayton implementation. parts of Brcko on the RS side of the prehensive reviews at no more than 6- 6. Elections and Democratic Govern- Inter-Entity Boundary Line, but few month intervals. The first of these re- ance. Aim: National democratic insti- Serb displaced persons have left Brcko views was completed on November 16, tutions and practices. With the excep- to return to their pre-war homes. 1998, and recently endorsed by the tion of the election of a nationalist to SFOR support will be a critical deter- North Atlantic Council (NAC) Foreign the RS presidency, the September 1998 rent to the outbreak of violence during and Defense Ministers. In reviewing the national elections continued the long- the period surrounding the Arbitrator’s size and shape of SFOR against the term trend away from reliance on eth- decision on Brcko’s status anticipated benchmarks described above, the nically based parties. The two major for early in 1999. United States and its allies concluded Serb nationalist parties lost further 10. Persons Indicted for War Crimes that at present, there be no changes in ground and, once again, will be unable (PIFWCs). Aim: Cooperation with the SFOR’s mission. NATO recommended, to lead the RS government. Croat and International Criminal Tribunal for however, that steps begin immediately Bosniak nationalist parties retained the former Yugoslavia (ICTY) leading to streamline SFOR. The NAC Foreign control, but saw margins eroded sig- to the transfer of PIFWCs to The and Defense Ministers endorsed this nificantly. In this regard, SFOR’s con- Hague for trial. Thanks to action by recommendation on December 8, 1998, tinued presence will facilitate conduct the Congress, the Secretary of State and December 17, 1998, respectively. of the municipal elections scheduled now has the ability to offer rewards of The Defense Ministers also endorsed a for late 1999 but, as has been the case up to $5 million for information leading report from the NATO Military Au- with every election since Dayton, the to the arrest or conviction of PIFWCs. thorities (NMAs) authorizing further trend of increasingly turning over re- Of the 81 people indicted publicly by adjustments in SFOR force levels—in sponsibility for elections to the the Tribunal, only 29—36 percent—are response to the evolving security situa- Bosnians themselves will continue. still at large. The two highest-profile tion and support requirements—to be 7. Economic Development. Aim: Free- indictees, Karadzic and Mladic, are completed by the end of March 1999. market reforms. While the process of among them. Bosnians are cooperating While the specifics of these adjust- economic recovery and transformation with the ICTY, but the failure of the ments are still being worked, they will take many years, some essential RS to support the ICTY is a major ob- could amount to reductions of as much groundwork has been laid. Privatiza- stacle to progress. Bosnian Croats have as 10 percent from the 6,900 U.S. troops tion legislation and enterprise laws cooperated with respect to the surren- currently in SFOR. The 6,900 troop H468 CONGRESSIONAL RECORD — HOUSE February 8, 1999 level already represents a 20 percent re- The District of Columbia Courts have not be held if there is no business to be con- duction from the 8,500 troops deployed submitted a FY 2000 Budget request for sidered. in June 1998 and is 66 percent less than $131.6 million for its operating expendi- (b) If the chairman of the committee is not present at any meeting of the committee, or peak U.S. deployment of 20,000 troops tures and $17.4 million for courthouse at the discretion of the chairman, the vice in 1996. renovation and improvements. My FY chairman of the committee shall preside at The NATO Defense Ministers on De- 2000 Budget includes recommended the meeting. If the chairman and vice chair- cember 17, 1998, further instructed funding levels of $128.4 million for oper- man of the committee are not present at any NMAs to examine options for possible ations and $9.0 million for capital im- meeting of the committee, the ranking mem- longer-term and more substantial ad- provements for the District Courts. My ber of the majority party who is present justments to the future size and struc- transmittal of the District of Columbia shall preside at the meeting. ture of SFOR. Their report is due in Courts’ budget request does not rep- RULE NO. 3.—OPEN MEETINGS early 1999 and will give the United resent an endorsement of its contents. As required by Clause 2(g), of House Rule XI, each meeting for the transaction of busi- States and its Allies the necessary in- I look forward to working with the ness, including the markup of legislation, of formation on which to base decisions Congress throughout the FY 2000 ap- the committee, shall be open to the public on SFOR’s future. We will address this propriation process. except when the committee, in open session issue in the NAC again at that time. WILLIAM J. CLINTON. and with a quorum present, determines by Decisions on future reductions will be THE WHITE HOUSE, February 5, 1999. record vote that all or part of the remainder taken in the light of progress on imple- f of the meeting on that day shall be closed to mentation of the Peace Agreement. the public because disclosure of matters to Any and all reductions of U.S. forces in RULES OF THE COMMITTEE ON be considered would endanger national secu- rity, would compromise sensitive law en- the short or long term will be made in HOUSE OVERSIGHT FOR THE 106TH CONGRESS forcement information, or would tend to de- accordance with my Administration’s fame, degrade or incriminate any person, or policy that such reductions will not The SPEAKER pro tempore. Under a otherwise would violate any law or rule of jeopardize the safety of U.S. armed previous order of the House, the gen- the House: Provided, however, that no person forces serving in BiH. tleman from California (Mr. THOMAS) is other than members of the committee, and My Administration values the Con- recognized for 5 minutes. such congressional staff and such depart- gress’ substantial support for Dayton Mr. THOMAS. Mr. Speaker, I am submitting mental representatives as they may author- the attached Committee on House Administra- ize, shall be present in any business or mark- implementation. I look forward to con- up session which has been closed to the pub- tinuing to work with the Congress in tion rules for the 106th Congress for publica- lic. tion in the CONGRESSIONAL RECORD pursuant pursuit of U.S. foreign policy goals in RULE NO. 4.—RECORDS AND ROLLCALLS Bosnia and Herzegovina. to House Rule XI, Clause 2.(a)(2). These (a) The result of each record vote in any WILLAM J. CLINTON. Rules were adopted by the Committee on meeting of the committee shall be transmit- THE WHITE HOUSE, February 4, 1999. February 3, 1999. ted for publication in the Congressional f COMMITTEE ON HOUSE ADMINISTRATION RULES Record as soon as possible, but in no case OF PROCEDURE, ONE HUNDRED SIXTH CON- later than two legislative days following COMMUNICATION FROM THE GRESS such record vote, and shall be made available CLERK OF THE HOUSE RULE NO. 1.—GENERAL PROVISIONS for inspection by the public at reasonable times at the committee offices, including a The SPEAKER pro tempore laid be- (a) The Rules of the House are the rules of description of the amendment, motion, order fore the House the following commu- the committee so far as applicable, except or other proposition; the name of each mem- that a motion to recess from day to day is a nication from the Clerk of the House of ber voting for and against; and the members privileged motion in committees. Representatives: present but not voting. (b) The committee is authorized at any OFFICE OF THE CLERK, (b) All committee hearings, records, data, time to conduct such investigations and U.S. HOUSE OF REPRESENTATIVES, charts, and files shall be kept separate and studies as it may consider necessary or ap- Washington, DC, February 8, 1999. distinct from the congressional office propriate in the exercise of its responsibil- Hon. J. DENNIS HASTERT, records of the member serving as chairman ities under House Rule X and (subject to the The Speaker, U.S. House of Representatives, of the committee; and such records shall be adoption of expense resolutions as required Washington, DC. the property of the House and all members of by House Rule X, clause 6) to incur expenses DEAR MR. SPEAKER: Pursuant to the per- the House shall have access thereto. (including travel expenses) in connection mission granted in Clause 5 of Rule III of the (c) House records of the committee which therewith. Rules of the U.S. House of Representatives, I are at the National Archives shall be made (c) The committee is authorized to have have the honor to transmit a sealed envelope available pursuant to House Rule VII. The printed and bound testimony and other data received from the White House on February chairman of the committee shall notify the presented at hearings held by the committee, 5, 1999 at 3:50 p.m. and said to contain a mes- ranking minority party member of any deci- and to distribute such information by elec- sage from the President whereby he submits sion to withhold a record pursuant to the tronic means. All costs of stenographic serv- a Budget Request for the District of Colum- rule, and shall present the matter to the ices and transcripts in connection with any bia. committee upon written request of any com- meeting or hearing of the committee shall be With best wishes, I am mittee member. paid from the appropriate House account. Sincerely, (d) To the maximum extent feasible, the (d) The committee shall submit to the JEFF TRANDAHL. Committee shall make its publications avail- House, not later than January 2 of each odd- able in electronic form. f numbered year, a report on the activities of (e) All committee resolutions and commit- DISTRICT OF COLUMBIA COURTS’ the committee under House Rules X and XI tee motions (other than procedural motions) during the Congress ending at noon on Janu- FISCAL YEAR 2000 BUDGET RE- adopted by the committee during a Congress ary 3 of such year. shall be numbered consecutively. QUEST—MESSAGE FROM THE (e) The committee’s rules shall be pub- RULE NO. 5.—PROXIES PRESIDENT OF THE UNITED lished in the Congressional Record not later No vote by any member in the committee STATES (H. DOC. NO. 106–18) than 30 days after the Committee is elected may be cast by proxy. in odd-numbered year. The SPEAKER pro tempore laid be- RULE NO. 6.—POWER TO SIT AND ACT; SUBPOENA fore the House the following message RULE NO. 2.—REGULAR AND SPECIAL MEETINGS POWER from the President of the United (a) The regular meeting date of the Com- (a) For the purpose of carrying out any of States; which was read and, together mittee on House Administration shall be the its functions and duties under House Rules X with the accompanying papers, without second Wednesday of every month when the and XI, the committee is authorized (subject House is in session in accordance with Clause objection, referred to the Committee to subparagraph (b)(1) of this paragraph)— 2(b) of House Rule XI. Additional meetings (1) to sit and act at such times and places on Appropriations and ordered to be may be called by the chairman as he may within the United States, whether the House printed: deem necessary or at the request of a major- is in session, has recessed, or has adjourned, To the Congress of the United States: ity of the members of the committee in ac- and to hold such hearings; and cordance with Clause 2(c) of House Rule XI. (2) to require, by subpoena or otherwise, In accordance with the District of The determination of the business to be con- the attendance and testimony of such wit- Columbia Code, as amended, I am sidered at each meeting shall be made by the nesses and the production of such books, transmitting the District of Columbia chairman subject to Clause 2(c) of House records, correspondence, memorandums, pa- Courts’ FY 2000 Budget request. Rule XI. A regularly scheduled meeting need pers, and documents; as it deems necessary. February 8, 1999 CONGRESSIONAL RECORD — HOUSE H469 The chairman of the committee, or any shall be initiated by the chairman, followed fered to the measure or matter, the total member designated by the chairman, may by the ranking minority party member and number of votes cast for and against, and the administer oaths of any witness. all other members alternating between the names of those members voting for and (b)(1) A subpoena may be authorized and majority and minority. In recognizing mem- against, shall be included in the committee issued by the committee in the conduct of bers to question witnesses in this fashion, report on the measure or matter. any investigation or series of investigations the chairman shall take into consideration (c) The report of the committee on a meas- or activities, only when authorized by a ma- the ratio of the majority to minority mem- ure which has been approved by the commit- jority of the members voting, a majority bers present and shall establish the order of tee shall include— being present. The power to authorize and recognition for questioning in such a manner (1) the oversight findings and recommenda- issue subpoenas under subparagraph (a)(2) as not to disadvantage the members of the tions required pursuant to House Rule X, of may be delegated to the chairman of the majority. The chairman may accomplish clause 2(b)(1) separately set out and clearly committee pursuant to such rules and under this by recognizing two majority members identified; such limitations as the committee may pre- for each minority member recognized. (2) the statement required by section scribe. Authorized subpoenas shall be signed (c) The following additional rules shall 308(a)(1) of the Congressional Budget Act of by the chairman of the committee or any apply to hearings: 1974, separately set out and clearly identi- member designated by the committee. (1) The chairman at a hearing shall an- fied, if the measure provides new budget au- (2) Compliance with any subpoena issued nounce in an opening statement the subject thority or new or increased tax expenditures; by the committee may be enforced only as of the investigation. (3) the estimate and comparison prepared authorized or directed by the House. (2) A copy of the committee rules and this by the Director of the Congressional Budget Office under section 403 of such Act, sepa- RULE NO. 7.—QUORUMS clause shall be made available to each wit- ness. rately set out and clearly identified, when- No measure or recommendation shall be (3) Witnesses at hearings may be accom- ever the Director (if timely submitted prior reported to the House unless a majority of panied by their own counsel for the purpose to the filing of the report) has submitted the committee is actually present. For the of advising them concerning their constitu- such estimate and comparison to the com- purposes of taking any action other than re- tional rights. mittee; and porting any measure, issuance of a subpoena, (4) The chairman may punish breaches of (4) a summary of the oversight findings closing meetings, promulgating committee order and decorum, and of professional ethics and recommendations made by the Commit- orders, or changing the rules of the commit- on the part of counsel, by censure and exclu- tee on Government Reform under House Rule tee, the quorum shall be one-third of the sion from the hearings; and the committee XIII, clause 3(c) separately set out and clear- members of the committee. For purposes of may cite the offender to the House for con- ly identified whenever such findings and rec- taking testimony and receiving evidence, tempt. ommendations have been submitted to the two members shall constitute a quorum. (5) If the committee determines that evi- committee in a timely fashion to allow an RULE NO. 8.—AMENDMENTS dence or testimony at a hearing may tend to opportunity to consider such findings and Any amendment offered to any pending defame, degrade, or incriminate any person, recommendations during the committee’s legislation before the committee must be it shall— deliberations on the measure. made available in written form when re- (A) afford such person an opportunity vol- (d) Each report of the committee on each quested by any member of the committee. If untarily to appear as a witness; bill or joint resolution of a public character such amendment is not available in written (B) receive such evidence or testimony in reported by the committee shall include a form when requested, the Chair will allow an executive session; and statement citing the specific powers granted appropriate period of time for the provision (C) receive and dispose of requests from to the Congress in the Constitution to enact thereof. such person to subpoena additional wit- the law proposed by the bill or joint resolu- tion. RULE NO. 9.—HEARING PROCEDURES nesses. (6) Except as provided in subparagraph (e) If, at the time of approval of any meas- (a) The chairman, in the case of hearings (f)(5), the chairman shall receive and the ure or matter by the committee, any mem- to be conducted by the committee, shall committee shall dispose of requests to sub- ber of the committee gives notice of inten- make public announcement of the date, poena additional witnesses. tion to file supplemental, minority, or addi- place, and subject matter of any hearing to (7) No evidence or testimony taken in exec- tional views, that member shall be entitled be conducted on any measure or matter at utive session may be released or used in pub- to not less than two additional calendar days least one (1) week before the commencement lic sessions without the consent of the com- after the day of such notice, commencing on of that hearing. If the chairman of the com- mittee. the day on which the measure or matter(s) mittee, with the concurrence of the ranking (8) In the discretion of the committee, wit- was approved, excluding Saturdays, Sundays, minority member, determines that there is nesses may submit brief and pertinent sworn and legal holidays, in which to file such good cause to begin the hearing sooner, or if statements in writing for inclusion in the views, in writing and signed by that member, the committee so determines by majority record. The committee is the sole judge of with the clerk of the committee. All such vote, a quorum being present for the trans- the pertinency of testimony and evidence ad- views so filed by one or more members of the action of business, the chairman shall make duced at its hearing. committee shall be included within, and the announcement at the earliest possible (9) A witness may obtain a transcript copy shall be a part of, the report filed by the date. The clerk of the committee shall of his testimony given at a public session or, committee with respect to that measure or promptly notify the Daily Digest Clerk of if given at an executive session, when au- matter. The report of the committee upon the Congressional Record as soon as possible thorized by the committee. that measure or matter shall be printed in a after such public announcement is made. single volume which— RULE NO. 10.—PROCEDURES FOR REPORTING (b) Unless excused by the chairman, each (1) shall include all supplemental, minor- witness who is to appear before the commit- MEASURES OR MATTERS ity, or additional views which have been sub- tee shall file with the clerk of the commit- (a)(1) It shall be the duty of the chairman mitted by the time of the filing of the report, tee, at least 48 hours in advance of his or her of the committee to report or cause to be re- and appearance, a written statement of his or her ported promptly to the House any measure (2) shall bear upon its cover a recital that proposed testimony and shall limit his or her approved by the committee and to take or any such supplemental, minority, or addi- oral presentation to a summary of his or her cause to be taken necessary steps to bring tional views (and any material submitted statement. the matter to a vote. under subparagraphs (c)(3) and (c)(4)) are in- (c) When any hearing is conducted by the (2) In any event, the report of the commit- cluded as part of the report. This subpara- committee upon any measure or matter, the tee on a measure which has been approved by graph does not preclude— minority party members on the committee the committee shall be filed within 7 cal- (A) the immediate filing or printing of a shall be entitled, upon request to the chair- endar days (exclusive of days on which the committee report unless timely request for man by a majority of those minority mem- House is not in session) after the day on the opportunity to file supplemental, minor- bers before the completion of such hearing, which there has been filed with the clerk of ity, or additional views has been made as to call witnesses selected by the minority the committee a written request, signed by a provided by paragraph (c); or testify with respect to that measure or mat- majority of the members of the committee, (B) the filing of any supplemental report ter during at least one day of hearings there- for the reporting of that measure. Upon the upon any measure or matter which may be on. filing of any such request, the clerk of the required for the correction of any technical (d) Committee members may question a committee shall transmit immediately to error in a previous report made by the com- witness only when they have been recognized the chairman of the committee notice of the mittee upon that measure or matter. by the chairman for that purpose, and only filing of that request. (f) If hearings have been held on any such for a 5-minute period until all members (b)(1) No measure or recommendation shall measure or matter so reported, the commit- present have had an opportunity to question be reported to the House unless a majority of tee shall make every reasonable effort to a witness. The 5-minute period for question- the committee was actually present. have such hearings published and available ing a witness by any one member can be ex- (2) With respect to each record vote on a to the members of the House prior to the tended as provided by House Rules. The ques- motion to report any measure or matter of a consideration of such measure or matter in tioning of a witness in committee hearings public character, and on any amendment of- the House. H470 CONGRESSIONAL RECORD — HOUSE February 8, 1999 (g) The chairman of the committee may be removed by the chairman and shall work members of the committee, for any purpose, designate any member of the committee to under the general supervision and direction measure or matter; one member of each such act as ‘‘floor manager’’ of a bill or resolution of the chairman; subunit shall be designated chairman of the during its consideration in the House. B. All staff provided to the minority party subunit by the chairman of the committee. RULE NO. 11.—COMMITTEE OVERSIGHT members of the committee shall be ap- All such subunits shall be considered ad hoc The committee shall conduct oversight of pointed, and may be removed, by the Rank- subcommittees of the committee. The rules of the committee shall be the rules of any matters within the jurisdiction of the com- ing Minority Member of the committee, and subunit of the committee, so far as applica- mittee in accordance with House Rule X, shall work under the general supervision and ble, or as otherwise directed by the chairman clause 2 and clause 4(d)(2). Not later than direction of such Member. C. The chairman shall fix the compensa- of the committee. Each subunit of the com- February 15, of the first session of a Con- tion of all staff of the committee, after con- mittee is authorized to meet, hold hearings, gress, the Committee shall, in a meeting sultation with the Ranking Minority Mem- receive evidence, and to require, by subpoena that is open to the public and with a quorum ber regarding any minority party staff, with- or otherwise, the attendance and testimony present, adopt its oversight plans for that in the budget approved for such purposes for of such witnesses and the production of such Congress in accordance with House Rule X, the committee. books, records, correspondence, memoran- clause 2(d). RULE NO. 15.—TRAVEL OF MEMBERS AND STAFF dums, papers, and documents, as it deems RULE NO. 12.—REVIEW OF CONTINUING necessary, and to report to the full commit- (a) Consistent with the primary expense PROGRAMS; BUDGET ACT PROVISIONS tee on all measures or matters for which it resolution and such additional expense reso- (a) The committee shall, in its consider- was created. Chairmen of subunits of the lutions as may have been approved, the pro- ation of all bills and joint resolutions of a committee shall set meeting dates with the visions of this rule shall govern travel of public character within its jurisdiction, in- approval of the chairman of the full commit- committee members and staff. Travel for sure that appropriation for continuing pro- tee, with a view toward avoiding simulta- any member or any staff member shall be grams and activities of the Federal Govern- neous scheduling of committee and subunit paid only upon the prior authorization of the ment and the District of Columbia govern- meetings or hearings wherever possible. It chairman. Travel may be authorized by the ment will be made annually to the maximum shall be the practice of the committee that chairman for any member and any staff extent feasible and consistent with the na- meetings of subunits not be scheduled to member in connection with the attendance ture, requirement, and objectives of the pro- occur simultaneously with meetings of the of hearings conducted by the committee and grams and activities involved. For the pur- full committee. In order to ensure orderly meetings, conferences, and investigations poses of this paragraph a Government agen- and fair assignment of hearing and meeting which involve activities or subject matter cy includes the organizational units of gov- rooms, hearings and meetings should be ar- under the general jurisdiction of the com- ernment listed in clause 4(e) of Rule X of ranged in advance with the chairman with mittee. Before such authorization is given House Rules. the chairman through the clerk of the com- there shall be submitted to the chairman in (b) The committee shall review, from time mittee. to time, each continuing program within its writing the following: (1) The purpose of the travel; RULE NO. 17.—OTHER PROCEDURES AND jurisdictions for which appropriations are (2) The dates during which the travel will REGULATIONS not made annually in order to ascertain occur; The chairman of the full committee may whether such program could be modified so (3) The locations to be visited and the establish such other procedures and take that appropriations therefor would be made length of time to be spent in each; such actions as may be necessary to carry annually. (4) The names of members and staff seek- out the foregoing rules or to facilitate the ef- (c) The committee shall, on or before Feb- ing authorization. fective operation of the committee. ruary 25 of each year, submit to the Commit- (b)(1) In the case of travel outside the tee on the Budget (1) its views and estimates RULE NO. 18.—DESIGNATION OF CLERK OF THE United States of members and staff of the with respect to all matters to be set forth in COMMITTEE committee for the purpose of conducting the concurrent resolution on the budget for For the purposes of these rules and the hearings, investigations, studies, or attend- the ensuing fiscal year which are within its Rules of the House of Representatives, the ing meetings and conferences involving ac- jurisdiction or functions, and (2) an estimate staff director of the committee shall act as tivities or subject matter under the legisla- of the total amounts of new budget author- the clerk of the committee. tive assignment of the committee, prior au- ity, and budget outlays resulting therefrom f thorization must be obtained from the chair- to be provided or authorized in all bills and man. Before such authorization is given, resolutions within its jurisdiction which it RULES OF THE COMMITTEE ON there shall be submitted to the chairman, in intends to be effective during that fiscal NATIONAL SECURITY FOR THE writing, a request for such authorization. year. 106TH CONGRESS Each request, which shall be filed in a man- (d) As soon as practicable after a concur- ner that allows for a reasonable period of The SPEAKER pro tempore. Under a rent resolution on the budget for any fiscal time for review before such travel is sched- previous order of the House, the gen- year is agreed to, the committee (after con- uled to begin, shall include the following: tleman from South Carolina (Mr. sulting with the appropriate committee or (A) the purpose of the travel; committees of the Senate) shall subdivide SPENCE) is recognized for 5 minutes. (B) the dates during which the travel will any allocation made to it, the joint explana- Mr. SPENCE. Mr. Speaker, in accordance occur; with clause 2(a) of Rule XI of the Rules of the tory statement accompany the conference (C) the names of the countries to be visited report on such resolution, and promptly re- and the length of time to be spent in each; House of Representatives, I submit herewith port such subdivisions to the House, in the (D) an agenda of anticipated activities for for publication in the CONGRESSIONAL RECORD manner provided by section 302 of the Con- each country for which travel is authorized the rules of the Committee on Armed Services gressional budget Act of 1974. together with a description of the purpose to that were adopted by the committee on (e) Whenever the committee is directed in be served and the areas of committee juris- Wednesday, January 20, 1999. a concurrent resolution on the budget to de- diction involved; and termine and recommend changes in laws, RULES OF THE COMMITTEE ON ARMED (E) the names of members and staff for SERVICES—106th CONGRESS bill, or resolutions under the reconciliation whom authorization is sought. RULES GOVERNING PROCEDURE process it shall promptly make such deter- (2) At the conclusion of any hearing, inves- mination and recommendations, and report a tigation, study, meeting or conference for RULE 1. APPLICATION OF HOUSE RULES.— reconciliation bill or resolution (or both) to which travel outside the United States has The Rules of the House of Representatives the House or submit such recommendations been authorized pursuant to this rule, mem- are the rules of the Committee on Armed to the Committee on the Budget, in accord- bers and staff attending meetings or con- Services (hereafter referred to in these rules ance with the Congressional Budget Act of ferences shall submit a written report to the as the ‘‘Committee’’) and its subcommittees 1974. chairman covering the activities and other so far as applicable. RULE 2. FULL COMMITTEE MEETING DATES.— RULE NO. 13.—BROADCASTING OF COMMITTEE pertinent observations or information gained (a) The Committee shall meet every Tuesday HEARINGS AND MEETINGS as a result of such travel. at 10:00 a.m., and at such other times as may Whenever any hearing or meeting con- (c) Members and staff of the committee be fixed by the chairman of the Committee ducted by the committee is open to the pub- performing authorized travel on official busi- (hereafter referred to in these rules as the lic, those proceedings shall be open to cov- ness shall be governed by applicable laws, ‘‘Chairman’’), or by written request of mem- erage by television, radio, and still photog- resolutions, or regulations of the House and bers of the Committee pursuant to clause raphy, as provided in Clause 4 of House Rule of the Committee on House Administration 2(c) of rule XI of the Rules of the House of XI, subject to the limitations therein. pertaining to such travel. Representatives. RULE NO. 14.—COMMITTEE STAFF RULE NO. 16.—POWERS AND DUTIES OF SUBUNITS (b) A Tuesday meeting of the Committee The staff of the Committee on House Ad- OF THE COMMITTEE may be dispensed with by the Chairman, but ministration shall be appointed as follows: The chairman of the committee is author- such action may be reversed by a written re- A. The committee staff shall be appointed, ized to establish appropriately named quest of a majority of the members of the except as provided in paragraph (B), and may subunits, such as task forces, composed of Committee. February 8, 1999 CONGRESSIONAL RECORD — HOUSE H471

RULE 3. SUBCOMMITTEE MEETING DATES.— or subcommittee hearing at least one week rity purposes for the taking of testimony: Each subcommittee is authorized to meet, before the commencement of the hearing. Provided, That such staff member’s attend- hold hearings, receive evidence, and report However, if the Chairman of the Committee ance at such hearings is subject to the ap- to the Committee on all matters referred to or of any subcommittee or panel, with the proval of the Committee or subcommittee as it. Insofar as possible, meetings of the Com- concurrence of the ranking minority mem- dictated by national security requirements mittee and its subcommittees shall not con- ber of the Committee or of any subcommit- at the time: Provided further, That this para- flict. A subcommittee chairman shall set tee or panel, determines that there is good graph addresses hearings only and not brief- meetings dates after consultation with the cause to begin the hearing sooner, or if the ings or meetings held under the provisions of Chairman and the other subcommittee chair- Committee, subcommittee or panel so deter- paragraph (a) of this rule; And provided fur- men with a view toward avoiding simulta- mines by majority vote, a quorum being ther, That the attainment of any security neous scheduling of committee and sub- present for the transaction of business, such clearances involved is the responsibility of committee meetings or hearings wherever chairman shall make the announcement at individual members. possible. the earliest possible date. Any announce- (d) Pursuant to clause 2(g)(2) of rule XI of RULE 4. SUBCOMMITTEES.—The Committee ment made under this rule shall be promptly the Rules of the House of Representatives, shall be organized to consist of five standing published in the Daily Digest and promptly no Member may be excluded from subcommittees with the following jurisdic- entered into the committee scheduling serv- nonparticipatory attendance at any hearing tions: ice of the House Information Resources. of the Committee or a subcommittee, unless Subcommittee on Military Installations RULE 8. BROADCASTING OF COMMITTEE the House of Representatives shall by major- and Facilities: military construction; real HEARINGS AND MEETINGS.—Clause 4 of rule XI ity vote authorize the Committee or sub- estate acquisitions and disposals; housing of the Rules of the House of Representatives committee, for purposes of a particular se- and support; base closure; and related legis- shall apply to the Committee. ries of hearings on a particular article of leg- lative oversight. RULE 9. MEETINGS AND HEARINGS OPEN TO islation or on a particular subject of inves- Subcommittee on Military Personnel: mili- THE PUBLIC.—(a) Each hearing and meeting tigation, to close its hearings to members by tary forces and authorized strengths; inte- for the transaction of business, including the the same procedures designated in this rule gration of active and reserve components; markup of legislation, conducted by the for closing hearings to the public: Provided, military personnel policy; compensation and Committee or a subcommittee shall be open however, That the Committee or the sub- other benefits; and related legislative over- to the public except when the Committee or committee may by the same procedure vote sight. subcommittee, in open session and with a to close up to 5 additional consecutive days Subcommittee on Military Procurement: majority being present, determines by record of hearings. the annual authorization for procurement of vote that all or part of the remainder of that RULE 10. QUORUM.—(a) For purposes of tak- military weapon systems and components hearing or meeting on that day shall be ing testimony and receiving evidence, two thereof, including full scale development and closed to the public because disclosure of members shall constitute a quorum. systems transition; military application of testimony, evidence, or other matters to be (b) One-third of the members of the Com- nuclear energy; and related legislative over- considered would endanger the national se- mittee or subcommittee shall constitute a quorum for taking any action, with the fol- sight. curity, would compromise sensitive law en- Subcommittee on Military Readiness; the forcement information, or would violate any lowing exceptions, in which case a majority annual authorization for operation and law or rule of the House of Representatives. of the Committee or subcommittee shall maintenance; the readiness and preparedness Notwithstanding the requirements of the constitute a quorum: (1) Reporting a measure or recommenda- requirements of the defense establishment; preceding sentence, a majority of those present, there being in attendance no less tion; and related legislative oversight. (2) Closing committee or subcommittee than two members of the Committee or sub- Subcommittee on Military Research and meetings and hearings to the public; and committee, may vote to close a hearing or Development: the annual authorization for (3) Authorizing the issuance of subpoenas. military research and development and re- meeting for the sole purpose of discussing (c) No measure or recommendation shall be lated legislative oversight. whether testimony or evidence to be re- reported to the House of Representatives un- RULE 5. COMMITTEE PANELS.—(a) The ceived would endanger the national security, less a majority of the Committee is actually Chairman may designate a panel of the Com- would compromise sensitive law enforcement present. mittee drawn from members of the Commit- information, or would violate any law or rule RULE 11. THE FIVE-MINUTE RULE.—(a) The tee to inquire into and take testimony on a of the House of Representatives. If the deci- time any one member may address the Com- matter or matters that fall within the juris- sion is to close, the vote must be by record mittee or subcommittee on any measure or diction of more than one subcommittee and vote and in open session, there being a ma- matter under consideration shall not exceed to report to the Committee. jority of the Committee or subcommittee 5-minutes and then only when the member (b) No panel so appointed shall continue in present. has been recognized by the Committee or existence of more than six months. A panel (b) Whenever it is asserted that the evi- subcommittee chairman, as appropriate, ex- so appointed may, upon the expiration of six dence or testimony at a hearing or meeting cept that this time limit may be exceeded by months, be reappointed by the Chairman. may tend to defame, degrade, or incriminate unanimous consent. Any member, upon re- (c) No panel so appointed shall have legis- any person, and notwithstanding the require- quest, shall be recognized for not to exceed 5- lative jurisdiction. ments of (a) and the provisions of clause minutes to address the Committee or sub- RULE 6. REFERENCE OF LEGISLATION AND 2(g)(2) of rule XI of the Rules of the House of committee on behalf of an amendment which SUBCOMMITTEE REPORT.—(a) The Chairman Representatives, such evidence or testimony the member has offered to any pending bill shall refer legislation and other matters to shall be presented in closed session, if by a or resolution. The 5 minute limitation shall the appropriate subcommittee or to the full majority vote of those present there being in not apply to the Chairman and ranking mi- Committee. attendance no less than two members of the nority member of the Committee or sub- (b) Legislation shall be taken up for hear- Committee or subcommittee, the Committee committee. ing only when called by the Chairman of the or subcommittee determines that such evi- (b) Members present at a hearing of the Committee or subcommittee, as appropriate, dence may tend to defame, degrade or in- Committee or subcommittee when a hearing or by a majority of those present and voting. criminate any person. A majority of those is originally convened will be recognized by (c) The Chairman, with approval of a ma- present, there being in attendance no less the Committee or subcommittee chairman, jority vote of a quorum of the Committee, than two members of the Committee or sub- as appropriate, in order of seniority. Those shall have authority to discharge a sub- committee, may also vote to close the hear- members arriving subsequently will be rec- committee from consideration of any meas- ing or meeting for the sole purpose discuss- ognized in order of their arrival. Notwith- ure or matter referred thereto and have such ing whether evidence or testimony to be re- standing the foregoing, the Chairman and measure or matter considered by the Com- ceived would tend to defame, degrade or in- the ranking minority member will take prec- mittee. criminate any person. The Committee or edence upon their arrival. In recognizing (d) Reports and recommendations of a sub- subcommittee shall proceed to receive such members to question witnesses in this fash- committee may not be considered by the testimony in open session only if the Com- ion, the Chairman shall take into consider- Committee until after the intervention of 3 mittee or subcommittee, a majority being ation the ratio of the majority to minority calendar days from the time the report is ap- present, determines that such evidence or members present and shall establish the proved by the subcommittee and available to testimony will not tend to defame, degrade order of recognition for questioning in such the members of the Committee, except that or incriminate any person. a manner as not to disadvantage the mem- this rule may be waived by a majority vote (c) Notwithstanding the foregoing, and bers of the majority. of a quorum of the Committee. with the approval of the Chairman, each (c) No person other than Members of Con- RULE 7. PUBLIC ANNOUNCEMENT OF HEAR- member of the Committee may designate by gress and committee staff may be seated in INGS AND MEETINGS.—Pursuant to clause letter to the Chairman, a member of that or behind the dais area during Committee, 2(g)(3) of rule XI of the Rules of the House of member’s personal staff with Top Secret se- subcommittee or panel hearings and meet- Representatives, the Chairman of the Com- curity clearance to attend hearings of the ings. mittee or of any subcommittee or panel shall Committee, or that member’s subcommit- RULE 12. SUBPOENA AUTHORITY.—(a) For make public announcement of the date, tee(s) which have been closed under the pro- the purpose of carrying out any of its func- place, and subject matter of any committee visions of rule 9(a) above for national secu- tions H472 CONGRESSIONAL RECORD — HOUSE February 8, 1999 and duties under rules X and XI of the Rules shall be made available in the Committee before the Committee or subcommittee for of the House of Representatives, the Com- rooms to all members of the Committee or consideration. mittee and any subcommittee is authorized subcommittee at least 24 hours in advance of Rule 16. Publication of Committee Hear- (subject to subparagraph (b)(1) of this para- presentation; however, so such statement ings and Markups.—The transcripts of those graph): shall be removed from the Committee of- hearings and mark-ups conducted by the (1) to sit and act at such times and places fices. The requirement of this rule may be Committee or a subcommittee which are de- within the United States, whether the House waived by a majority vote of a quorum of the cided by the Chairman to be officially pub- is in session, has recessed, or has adjourned, Committee or subcommittee, as appropriate. lished will be published in verbatim form, and to hold hearings, and (b) The Committee and each subcommittee with the material requested for the record (2) to require by subpoena, or otherwise, shall require each witness who is to appear inserted at the place requested, or at the end the attendance and testimony of such wit- before it to file with the Committee in ad- of the record, as appropriate. Any requests nesses and the production of such books, vance of his or her appearance a written to correct any errors, other than those in records, correspondence, memorandums, pa- statement of the proposed testimony and to transcription, or disputed errors in tran- pers and documents as it deems necessary. limit the oral presentation at such appear- scription, will be appended to the record, and The Chairman of the Committee, or any ance to a brief summary of his or her agree- the appropriate place where the change is re- member designated by the Chairman, may ment. quested will be footnoted. administer oaths to any witness. Rule 14. Administering Oaths to Wit- (b)(1) A subpoena may be authorized and nesses.—(a) The Chairman, or any member f issued by the Committee, or any subcommit- designated by the Chairman, may administer tee with the concurrence of the full Commit- oaths to any witness. SPECIAL ORDERS GRANTED tee Chairman, under subparagraph (a)(2) in (b) Witnesses, when sworn, shall subscribe By unanimous consent, permission to to the following oath: the conduct of any investigation, or series of address the House, following the legis- investigations or activities, only when au- Do you solemnly swear (or affirm) that the thorized by a majority of the members vot- testimony you will give before this Commit- lative program and any special orders ing, a majority of the Committee or sub- tee (or subcommittee) in the matters now heretofore entered, was granted to: committee being present. Authorized subpoe- under consideration will be the truth, the (The following Members (at the re- nas shall be signed only by the Chairman, or whole truth, and nothing but the truth, so quest of Mr. TERRY) to revise and ex- by any member designated by the Chairman. help you God? tend their remarks and include extra- (2) Pursuant to clause 2(m) of rule XI of Rule 15. Questioning of Witnesses.—(a) neous material:) the Rules of the House of Representatives, When a witness is before the Committee or a Mr. TANCREDO, for 5 minutes, on Feb- compliance with any subpoena issued by the subcommittee, members of the Committee or ruary 10. Committee or any subcommittee under sub- subcommittee may put questions to the wit- paragraph (a)(2) may be enforced only as au- ness only when they have been recognized by Mr. PAUL, for 5 minutes, on February thorized or directed by the House. the Chairman or subcommittee chairman, as 9. RULE 13. WITNESS STATEMENTS.—(a) Any appropriate, for that purpose. f prepared statement to be presented by a wit- (b) Members of the Committee or sub- ness to the Committee or a subcommittee committee who so desire shall have not to shall be submitted to the Committee or sub- exceed 5 minutes to interrogate each witness ADJOURNMENT committee at least 48 hours in advance of until such time as each member has had an Mr. TERRY. Mr. Speaker, I move presentation and shall be distributed to all opportunity to interrogate such witness; that the House do now adjourn. members of the Committee or subcommittee thereafter, additional rounds for questioning The motion was agreed to; accord- at last 24 hours in advance of presentation. A witnesses by members are discretionary with ingly (at 2 o’clock and 15 minutes copy of any such prepared statement shall the Chairman or subcommittee chairman, as also be submitted to the Committee in elec- appropriate. p.m.), under its previous order, the tronic form. If a prepared statement con- (c) Questions put to witnesses before the House adjourned until tomorrow, Tues- tains security information bearing a classi- Committee or subcommittee shall be perti- day, February 9, 1999, at 12:30 p.m., for fication of secret or higher, the statement nent to the measure or matter that may be morning hour debates. h EXPENDITURE REPORTS CONCERNING OFFICIAL FOREIGN TRAVEL Reports and amended reports concerning the foreign currencies and U.S. dollars utilized for official foreign travel dur- ing the third and fourth quarters of 1998 by Committees of the House of Representatives, as well as consolidated report of foreign currencies and U.S. dollars utilized for speaker-authorized official travel during third quarter of 1998, pursuant to Public Law 95–384, are as follows:

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, SELECT COMMITTEE ON INTELLIGENCE, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JULY 1 AND SEPT. 31, 1998

Date Per diem 1 Transportation Other purposes Total

U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Diane Roark ...... 8/14 8/19 Asia ...... 267.27 ...... 267.27 Commercial airfare ...... 1,183.74 ...... 1,183.74 Patrick Murray ...... 8/18 8/23 Europe ...... 1,928.00 ...... 1,928.00 Commercial airfare ...... 5,251.57 ...... 5,251.57 Merrell Morehead ...... 8/18 8/23 Europe ...... 1,928.00 ...... 1,928.00 Commercial airfare ...... 5,251.57 ...... 5,251.57 William McFarland ...... 8/18 8/23 Europe ...... 1,928.00 ...... 1,928.00 Commercial airfare ...... 5,251.57 ...... 5,251.57 Catherine Eberwein ...... 8/20 8/31 Europe ...... 2,916.00 ...... 2,916.00 Commercial airfare ...... 4,838.86 ...... 4,838.86 Elizabeth Larson ...... 8/24 9/4 Europe ...... 3,062.00 ...... 3,062.00 Commercial airfare ...... 6,329.15 ...... 6,329.15

Committee total ...... 12,029.27 ...... 28,106.46 ...... 40,135,73

1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. PORTER J. GOSS, Chairman, Nov. 12, 1998. February 8, 1999 CONGRESSIONAL RECORD — HOUSE H473 REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON AGRICULTURE, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN OCT. 1 AND DEC. 31, 1998

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

FOR HOUSE COMMITTEES Please note: If there were no expenditures during the calendar quarter noted above, please check the box at right to so indicate and return. ◊ 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. BOB SMITH, Chairman, Jan. 28, 1999.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON APPROPRIATIONS, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN SEPT. 30, AND DEC. 31, 1998

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Timothy Peterson ...... 10/22 10/26 Canada ...... 422.50 ...... 422.50 Commercial airfare ...... 835.15 ...... 835.15 James W. Dyer ...... 11/2 11/4 Czech Republic ...... 464.00 ...... 464.00 11/4 11/6 Switzerland ...... 858.00 ...... 858.00 Commercial airfare ...... 5,432.86 ...... 5,432.86 Valerie L. Baldwin ...... 11/2 11/4 Czech Republic ...... 464.00 ...... 464.00 11/4 11/6 Switzerland ...... 858.00 ...... 858.00 11/6 11/8 Italy ...... 578.00 ...... 578.00 Commercial airfare ...... 5,941.86 ...... 5,941.86 John Shank ...... 11/2 11/4 United Kingdom ...... 630.00 ...... 630.00 11/4 11/6 Switzerland ...... 572.00 ...... 572.00 11/6 11/10 Italy ...... 1,445.00 ...... 1,445.00 Commercial airfare ...... 6,253.50 ...... 6,253.50 John J. Ziolkowski ...... 11/7 11/11 Italy ...... 1,017.00 ...... 1,017.00 Commercial airfare ...... 5,127.17 ...... 5,127.17 James T. Walsh ...... 11/29 12/2 ...... 867.00 ...... 867.00 12/2 12/7 Nepal ...... 1,344.00 ...... 1,344.00 Commercial airfare ...... 2,307.00 ...... 2,307.00

Committee total ...... 9,519.50 ...... 25,897.54 ...... 35,417.04

Committee on Appropriations, Surveys and Inves- tigations Staff: T.J. Booth ...... 11/6 11/10 Bahrain ...... 632.50 ...... 5,569.84 ...... 251.21 ...... 6,453.55 11/10 11/11 United Arab Emirates ...... 228.00 ...... 228.00 11/11 11/14 Saudi Arabia ...... 711.25 ...... 711.25 11/14 11/16 Bahrain ...... 392.00 ...... 392.00 N.H. Gardner ...... 12/3 12/5 China ...... 717.50 ...... 9,341.54 ...... 23.44 ...... 10,082.48 12/6 12/10 Australia ...... 695.50 ...... 695.50 12/11 12/11 Japan ...... 184.50 ...... 184.50 M.O. Glynn ...... 11/13 11/18 Italy ...... 1,141.25 ...... 5,747.02 ...... 122.00 ...... 7,010.27 11/18 11/20 Turkey ...... 236.25 ...... 236.25 11/20 11/21 The Netherlands ...... 231.00 ...... 231.00 R.D. Green ...... 11/7 11/21 Germany ...... 2,549.75 ...... 5,242.89 ...... 26.40 ...... 7,819.04 C.L. Hauver ...... 12/3 12/5 China ...... 717.50 ...... 9,341.54 ...... 73.57 ...... 10,132.61 12/6 12/10 Australia ...... 695.50 ...... 695.50 12/11 12/11 Japan ...... 184.50 ...... 184.50 W.C. Hersman ...... 11/7 11/18 Italy ...... 2,052.00 ...... 5,636.97 ...... 32.00 ...... 7,720.97 11/18 11/20 Turkey ...... 236.25 ...... 236.25 11/20 11/21 The Netherlands ...... 231.00 ...... 231.00 T.E. Hobbs ...... 11/13 11/18 Italy ...... 1,058.75 ...... 5,494.74 ...... 42.88 ...... 6,596.37 R.A. Jaxel ...... 11/7 11/18 Italy ...... 2,052.00 ...... 5,636.97 ...... 102.95 ...... 7,791.92 11/18 11/20 Turkey ...... 236.25 ...... 236.25 11/20 11/21 The Netherlands ...... 231.00 ...... 231.00 D.K. Lutz ...... 11/6 11/10 Bahrain ...... 632.50 ...... 5,931.84 ...... 218.01 ...... 6,782.35 11/10 11/11 United Arab Emirates ...... 228.00 ...... 228.00 11/11 11/14 Saudi Arabia ...... 711.25 ...... 711.25 11/14 11/16 Bahrain ...... 441.00 ...... 441.00 H.P. McDonald ...... 12/3 12/5 China ...... 717.50 ...... 9,341.54 ...... 130.64 ...... 10,189.68 12/6 12/10 Australia ...... 695.50 ...... 695.50 12/11 12/11 Japan ...... 184.50 ...... 184.50 R.H. Pearre ...... 11/7 11/15 Italy ...... 1,342.25 ...... 5,227.15 ...... 132.79 ...... 6,702.19 R.J. Reitwiesner ...... 11/6 11/10 Bahrain ...... 632.50 ...... 5,569.84 ...... 230.21 ...... 6,432.55 11/10 11/11 United Arab Emirates ...... 228.00 ...... 228.00 11/11 11/14 Saudi Arabia ...... 711.25 ...... 711.25 11/14 11/16 Bahrain ...... 392.00 ...... 392.00 F.R. Stevens ...... 11/7 11/21 Germany ...... 2,807.50 ...... 5,496.84 ...... 195.20 ...... 8,499.54 R.W. Vandergrift ...... 12/3 12/5 China ...... 717.50 ...... 9,341.54 ...... 281.06 ...... 10,340.10 12/6 12/10 Australia ...... 695.50 ...... 695.50 12/11 12/11 Japan ...... 184.50 ...... 184.50 T.P. Wyman ...... 12/3 12/5 China ...... 717.50 ...... 9,341.54 ...... 247.12 ...... 10,306.16 12/6 12/10 Australia ...... 695.50 ...... 695.50 12/11 12/11 Japan ...... 184.50 ...... 184.50 Committee total ...... 28,330.00 ...... 102,261.80 ...... 2,109.48 ...... 132,704.28 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. BILL YOUNG, Chairman, Jan. 28, 1999.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON BANKING AND FINANCIAL SERVICES, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN OCT. 1 AND DEC. 31, 1998

Date Per diem 1 Transportation Other purposes Total

Name of Member or employee Country U.S. dollar U.S. dollar U.S. dollar U.S. dollar Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Ellen Kuo ...... 11/29 12/4 Brazil ...... 1,453.00 ...... 1,990.00 ...... 3,443.00 Committee total ...... 1,453.00 ...... 1,990.00 ...... 3,443.00 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. JIM LEACH, Chairman, Jan. 28, 1999. H474 CONGRESSIONAL RECORD — HOUSE February 8, 1999 REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON THE BUDGET, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN OCT. 1 AND DEC. 31, 1998

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

FOR HOUSE COMMITTEES Please Note: If there were no expenditures during the calendar quarter noted above, please check the box at right to so indicate and return. ◊ 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. JOHN R. KASICH, Chairman, Jan. 28, 1999.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON COMMERCE, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN OCT. 1 AND DEC. 31, 1998

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Hon. Peter Deutsch ...... 12/11 12/15 Israel ...... 2,648.00 ...... 2,648.00 Committee total ...... 2,648.00 ...... 2,648.00 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. TOM BLILEY, Chairman, Jan. 19, 1999.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON EDUCATION AND THE WORKFORCE, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN OCT. 1, AND DEC. 31, 1998

Date Per diem 1 Transportation Other purposes Total

Name of Member or employee Country U.S. dollar U.S. dollar U.S. dollar U.S. dollar Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

FOR HOUSE COMMITTEES Please Note: If there were no expenditures during the calendar quarter noted above, please check the box at right to so indicate and return. ◊ 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. BILL GOODLING, Chairman, Feb. 1, 1999.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON HOUSE ADMINISTRATION, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN OCT. 1 AND DEC. 31, 1998

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

FOR HOUSE COMMITTEES Please Note: If there were no expenditures during the calendar quarter noted above, please check the box at right to so indicate and return. ◊ 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. BILL THOMAS, Chairman, Feb. 1, 1999.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON NATIONAL SECURITY, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN OCT. 1 AND DEC. 31, 1998

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Visit to Ukraine and Russia, Nov. 7–13, 1998: Mr. David J. Trachtenberg ...... 11/7 11/10 Ukraine ...... 1,140.00 ...... 1,140.00 11/10 11/13 Russia ...... 873.00 ...... 873.00 Commercial airfare ...... 5,333.07 ...... 5,333.07 Visit to Korea, Nov. 18–21, 1998: Hon. Gene Taylor ...... 11/18 11/21 Korea ...... 786.00 ...... 786.00 Commercial airfare ...... 3,736.00 ...... 3,736.00 Mr. Dudley L. Tademy ...... 11/18 11/21 Korea ...... 786.00 ...... 786.00 Commercial airfare ...... 3,736.00 ...... 3,736.00 Visit to Nicaragua and Honduras, Nov. 29–Dec. 1, 1998: Hon. Solomon P. Ortiz ...... 11/29 12/1 Nicaragua ...... 440.21 ...... 440.21 12/1 12/1 Honduras ...... Visit to Germany, Nov. 30–Dec. 5, 1998: Ms. Mieke Y. Eoyang ...... 11/30 12/5 Germany ...... 1,250.00 ...... 1,250.00 Commercial airfare ...... 3,839.55 ...... 3,839.55 Visit to the United Kingdom, Belgium, Russia and Czech Republic, Nov. 30–Dec. 10, 1998: Hon. Ike Skelton ...... 11/30 12/2 United Kingdom ...... 730.00 ...... 730.00 12/2 12/4 Belgium ...... 458.00 ...... 458.00 12/4 12/8 Russia ...... 1,498.00 ...... 1,498.00 12/8 12/10 Czech Republic ...... 564.00 ...... 564.00 Hon. Neil Abercrombie ...... 11/30 12/2 United Kingdom ...... 730.00 ...... 730.00 12/2 12/4 Belgium ...... 458.00 ...... 458.00 12/4 12/8 Russia ...... 1,498.00 ...... 1,498.00 12/8 12/10 Czech Republic ...... 564.00 ...... 564.00 Hon. Loretta Sanchez ...... 11/30 12/2 United Kingdom ...... 730.00 ...... 730.00 12/2 12/4 Belgium ...... 458.00 ...... 458.00 12/4 12/8 Russia ...... 1,498.00 ...... 1,498.00 12/8 12/10 Czech Republic ...... 564.00 ...... 564.00 Hon. Adam Smith ...... 11/30 12/2 United Kingdom ...... 730.00 ...... 730.00 12/2 12/4 Belgium ...... 458.00 ...... 458.00 12/4 12/8 Russia ...... 1,498.00 ...... 1,498.00 12/8 12/10 Czech Republic ...... 564.00 ...... 564.00 Hon. Vic Snyder ...... 11/30 12/2 United Kingdom ...... 730.00 ...... 730.00 12/2 12/4 Belgium ...... 458.00 ...... 458.00 February 8, 1999 CONGRESSIONAL RECORD — HOUSE H475 REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON NATIONAL SECURITY, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN OCT. 1 AND DEC. 31, 1998— Continued

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

12/4 12/8 Russia ...... 1,498.00 ...... 1,498.00 12/8 12/10 Czech Republic ...... 564.00 ...... 564.00 Thomas P. Glakas ...... 11/30 12/2 United Kingdom ...... 730.00 ...... 730.00 12/2 12/4 Belgium ...... 458.00 ...... 458.00 12/4 12/8 Russia ...... 1,498.00 ...... 1,498.00 12/8 12/10 Czech Republic ...... 564.00 ...... 564.00 Dudley L. Tademy ...... 11/30 12/2 United Kingdom ...... 730.00 ...... 730.00 12/2 12/4 Belgium ...... 458.00 ...... 458.00 12/4 12/8 Russia ...... 1,498.00 ...... 1,498.00 12/8 12/10 Czech Republic ...... 564.00 ...... 564.00 Visit to Panama, Dec. 6–8, 1998: Mr. Christain P. Zur ...... 12/6 12/8 Panama ...... 243.00 ...... 243.00 Commercial airfare ...... 1,126.50 ...... 1,126.50 Visit to Belgium, Germany, Bosnia and Macedonia, Dec. 10–15, 1998: Hon. Ellen O. Tauscher ...... 12/10 12/10 Belgium ...... 12/10 12/11 Germany ...... 113.00 ...... 113.00 12/11 12/14 Bosnia ...... 1,053.00 ...... 1,053.00 12/14 12/15 Macedonia ...... 175.00 ...... 175.00 Commercial airfare ...... 4,693.93 ...... 4,693.93 Mr. William H. Natter ...... 12/10 12/10 Belgium ...... 12/10 12/11 Germany ...... 113.00 ...... 113.00 12/11 12/14 Bosnia ...... 1,053.00 ...... 1,053.00 12/14 12/15 Macedonia ...... 175.00 ...... 175.00 Commercial airfare ...... 4,693.93 ...... 4,693.93

Committee total ...... 30,950.21 ...... 27,158.98 ...... 58,109.19

1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. FLOYD SPENCE, Chairman, Jan. 29, 1999.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON RULES, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN OCT. 1 AND DEC. 31, 1998

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Hon. David Dreier ...... 12/3 12/7 New Zealand ...... 865.000 ...... ( 3 ) ...... 865.00 12/7 12/12 Australia ...... 774.00 ...... ( 3 ) ...... 774.00 Hon. Tony P. Hall ...... 11/7 11/15 S. Korea, N. Korea, Japan ...... 1,492.00 ...... 5,716.00 ...... 7,208.00

Committee total ...... 3,131.00 ...... 5,716.00 ...... 8,847.00

1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Military air transportation. JERRY SOLOMON, Chairman, Dec. 31, 1998.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON SCIENCE, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN OCT. 1 AND DEC. 31, 1998

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Phil Kiko ...... 11/13 11/17 New Zealand ...... 1,070.00 ...... 1,936.00 ...... 3,006.00 11/17 11/21 Antarctica ...... 11/21 11/22 New Zealand ...... William Stiles ...... 11/14 11/17 New Zealand ...... 875.00 ...... 2,394.67 ...... 3,269.67 11/17 11/21 Antarctica ...... 11/21 12/01 New Zealand ...... Steve Eule ...... 11/14 11/17 New Zealand ...... 875.00 ...... 2,376.00 ...... 3,251.00 11/17 11/21 Antarctica ...... 11/21 11/22 New Zealand ...... Hon. George E. Brown, Jr ...... 12/5 12/13 Mexico ...... 1,919.00 ...... 515.90 ...... 2,434.90 Michael Quear ...... 12/5 12/13 Mexico ...... 1,919.00 ...... 551.70 ...... 2,470.70 Myndii Gottlieb ...... 12/6 12/12 Mexico ...... 1,422.00 ...... 713.94 ...... 2,135.94

Committee total ...... 8,080.00 ...... 8,488.21 ...... 16,568.21

1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. JAMES SENSENBRENNER, JR., Chairman, Dec. 21, 1998.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON SMALL BUSINESS, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN OCT. 1 AND DEC. 31, 1998

Date Per diem 1 Transportation Other purposes Total

Name of Member or employee U.S. dollar U.S. dollar U.S. dollar U.S. dollar Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

FOR HOUSE COMMITTEES Please note: If there were no expenditures during the calendar quarter noted above, please check the box at right to so indicate and return. ◊ 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. JIM TALENT, Chairman, Feb. 2, 1999. H476 CONGRESSIONAL RECORD — HOUSE February 8, 1999 REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON WAYS AND MEANS, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN OCT. 1 AND DEC. 31, 1998

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Hon. Philip Crane ...... 12/3 12/7 New Zealand ...... 865.00 ...... ( 3 ) ...... 865.00 12/7 12/12 Australia ...... 774.00 ...... ( 3 ) ...... 774.00 Hon. Wally Herger ...... 12/3 12/7 New Zealand ...... 865.00 ...... ( 3 ) ...... 865.00 12/7 12/12 Australia ...... 774.00 ...... ( 3 ) ...... 774.00 Hon. Nancy L. Johnson ...... 12/3 12/7 New Zealand ...... 865.00 ...... ( 3 ) ...... 865.00 12/7 12/12 Australia ...... 774.00 ...... ( 3 ) ...... 774.00 Hon. Jennifer Dunn ...... 12/3 12/7 New Zealand ...... 865.00 ...... ( 3 ) ...... 865.00 12/7 12/12 Australia ...... 774.00 ...... ( 3 ) ...... 774.00 Hon. Karen Thurman ...... 12/3 12/7 New Zealand ...... 865.00 ...... ( 3 ) ...... 865.00 12/7 12/12 Australia ...... 774.00 ...... ( 3 ) ...... 774.00 Hon. Chris Smith ...... 12/3 12/7 New Zealand ...... 865.00 ...... ( 3 ) ...... 865.00 12/7 12/12 Australia ...... 774.00 ...... ( 3 ) ...... 774.00 Meredith Broadbent ...... 12/3 12/7 New Zealand ...... 865.00 ...... ( 3 ) ...... 865.00 12/7 12/12 Australia ...... 774.00 ...... ( 3 ) ...... 774.00 Angela Ellard ...... 12/3 12/7 New Zealand ...... 865.00 ...... ( 3 ) ...... 865.00 12/7 12/12 Australia ...... 774.00 ...... ( 3 ) ...... 774.00 Karen Humbel ...... 12/3 12/7 New Zealand ...... 865.00 ...... ( 3 ) ...... 865.00 12/7 12/12 Australia ...... 774.00 ...... ( 3 ) ...... 774.00 Donna Thiessen ...... 12/3 12/7 New Zealand ...... 865.00 ...... ( 3 ) ...... 865.00 12/7 12/12 Australia ...... 774.00 ...... ( 3 ) ...... 774.00 CODE expense ...... 12/7 12/12 Australia ...... 8,434.00 ...... 8,434.00 12/7 12/12 Australia ...... 15,414.00 ...... 15,414.00 Committee total ...... 16,390.00 ...... 8,434.00 ...... 15,414.00 ...... 40,238.00 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Military air transportation. BILL ARCHER, Chairman, Jan. 28, 1999.

AMENDED REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, HOUSE DELEGATION TO THE NORTH ATLANTIC ASSEMBLY AND BRITISH-AMERICAN PARLIAMENTARY GROUP, EXPENDED BETWEEN NOV. 8 AND NOV. 15, 1998

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Hon. Doug Bereuter ...... 11/8 11/13 Scotland ...... 1,810.00 ...... 11/13 11/16 England ...... 1,095.00 ...... 2,905.00 Hon. Tim Bliley ...... 11/8 11/13 Scotland ...... 1,810.00 ...... 11/13 11/15 England ...... 730.00 ...... 2,540.00 Hon. ...... 11/8 11/13 Scotland ...... 1,810.00 ...... 11/13 11/16 England ...... 1,095.00 ...... 2,905.00 Hon. Roy Blunt ...... 11/10 11/13 Scotland ...... 1,086.00 ...... 11/13 11/16 England ...... 1,095.00 ...... 2,181.00 Hon. Herb Bateman ...... 11/10 11/13 Scotland ...... 1,086.00 ...... 11/13 11/16 England ...... 1,095.00 ...... 2,181.00 Hon. Vernon Ehlers ...... 11/10 11/13 Scotland ...... 1,086.00 ...... 11/13 11/16 England ...... 1,095.00 ...... 2,181.00 Hon. Joel Hefley ...... 11/10 11/13 Scotland ...... 1,086.00 ...... 11/13 11/16 England ...... 1,095.00 ...... 2,181.00 Hon. Paul Gillmor ...... 11/10 11/13 Scotland ...... 1,086.00 ...... 11/13 11/16 England ...... 1,095.00 ...... 2,181.00 Hon. Scott McGinnis ...... 11/10 11/13 Scotland ...... 1,086.00 ...... 11/13 11/16 England ...... 1,095.00 ...... 2,181.00 Hon. Owen Pickett ...... 11/10 11/13 Scotland ...... 1,086.00 ...... 11/13 11/15 England ...... 730.00 ...... 1,816.00 Hon. Ralph Regula ...... 11/10 11/13 Scotland ...... 1,086.00 ...... 11/13 11/16 England ...... 1,095.00 ...... 2,181.00 Hon. Marge Roukema ...... 11/10 11/13 Scotland ...... 1,086.00 ...... 11/13 11/16 England ...... 1,095.00 ...... 2,181.00 Hon. Floyd Spence ...... 11/10 11/13 Scotland ...... 1,086.00 ...... 11/13 11/16 England ...... 1,095.00 ...... 2,181.00 Hon. John Tanner ...... 11/10 11/13 Scotland ...... 1,086.00 ...... 11/13 11/15 England ...... 730.00 ...... 1,816.00 Hon. Robert Wise ...... 11/10 11/13 Scotland ...... 1,086.00 ...... 11/13 11/15 England ...... 730.00 ...... 1,816.00 Susan Olson ...... 11/8 11/13 Scotland ...... 1,810.00 ...... 11/13 11/16 England ...... 1,095.00 ...... 2,905.00 Jo Weber ...... 11/8 11/12 Scotland ...... 1,448.00 ...... 11/12 11/16 England ...... 1,460.00 ...... 2,908.00 Mike Ennis ...... 11/10 11/14 Scotland ...... 1,448.00 ...... 1,448.00 Robin Evans ...... 11/10 11/13 Scotland ...... 1,086.00 ...... 11/13 11/16 England ...... 1,095.00 ...... 2,181.00 Linda Pedigo ...... 11/10 11/14 Scotland ...... 1,448.00 ...... 1,448.00 David Goldston ...... 11/10 11/13 Scotland ...... 1,086.00 ...... 1,086.00 Bob King ...... 11/10 11/14 Scotland ...... 1,448.00 ...... 1,448.00 Brent Parker ...... 11/12 11/16 England ...... 1,460.00 ...... 1,460.00 Total ...... 48,311.00 ...... 48,311.00 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. DOUG BEREUTER, Jan. 5, 1999.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, HOUSE DELEGATION TO ARGENTINA, EXPENDED BETWEEN NOV. 1 AND NOV. 16, 1998

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Hon. Joe Barton ...... 11/10 11/13 Argentina ...... 479.00 ...... 1,606.50 ...... 2,085.50 Hon. Ken Calvert ...... 11/8 11/13 Argentina ...... 753.00 ...... 4,555.50 ...... 5,308.50 Hon. John Dingell ...... 11/10 11/12 Argentina ...... 237.00 ...... 3,893.50 ...... 4,130.50 Hon. Jo Ann Emerson ...... 11/6 11/13 Argentina ...... 753.00 ...... 4,124.50 ...... 4,877.50 Hon. Ron Klink ...... 11/10 11/13 Argentina ...... 479.00 ...... 1,449.50 ...... 1,928.50 Hon. Joe Knollenberg ...... 11/8 11/15 Argentina ...... 753.00 ...... 4,047.50 ...... 4,800.50 Hon. Dennis Kucinich ...... 11/7 11/13 Argentina ...... 890.00 ...... 2,292.50 ...... 3,182.50 February 8, 1999 CONGRESSIONAL RECORD — HOUSE H477 REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, HOUSE DELEGATION TO ARGENTINA, EXPENDED BETWEEN NOV. 1 AND NOV. 16, 1998—Continued

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Hon. F. James Sensenbrenner ...... 11/7 11/13 Argentina ...... 890.00 ...... 4,367.50 ...... 5,257.50 Hon. Peter DeFazio ...... 11/10 11/14 Argentina ...... 479.00 ...... 5,843.50 ...... 6,322.50 Alssondra Campaigne ...... 11/9 11/14 Argentina ...... 616.00 ...... 1,605.50 ...... 2,221.50 Robert Hood ...... 11/10 11/14 Argentina ...... 479.00 ...... 4,319.50 ...... 4,798.50 Dennis Fitzgibbons ...... 11/9 11/13 Argentina ...... 616.00 ...... 4,367.50 ...... 4,983.50 Mark Kirk ...... 11/10 11/14 Argentina ...... 616.00 ...... 7,923.50 ...... 8,539.50 Kyle Mulhall ...... 11/8 11/13 Argentina ...... 616.00 ...... 1,217.50 ...... 1,833.50 Todd Schultz ...... 11/7 11/13 Argentina ...... 890.00 ...... 4,367.50 ...... 5,257.50 Catherine VanWay ...... 11/7 11/16 Argentina ...... 890.00 ...... 4,124.50 ...... 5,014.50 Harlan Watson ...... 11/1 11/14 Argentina ...... 1,986.00 ...... 4,367.50 ...... 6,353.50 Total ...... 12,422.00 ...... 64,473.00 ...... 76,895.00 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. JAMES SENSENBRENNER, JR., Dec. 10, 1998. AMENDED REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, HOUSE DELEGATION TO ARGENTINA, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN NOV. 1 AND NOV. 16, 1998

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Hon. Joe Barton ...... 11/10 11/13 Argentina ...... 479.00 ...... 1,606.50 ...... 2,085.50 Hon. Ken Calvert ...... 11/8 11/13 Argentina ...... 753.00 ...... 4,555.50 ...... 5,308.50 Hon. Jo Ann Emerson ...... 11/6 11/13 Argentina ...... 753.00 ...... 4,124.50 ...... 4,877.50 Hon. Ron Klink ...... 11/10 11/13 Argentina ...... 479.00 ...... 1,449.50 ...... 1,928.50 Hon. Joe Knollenberg ...... 11/8 11/15 Argentina ...... 753.00 ...... 4,047.50 ...... 4,800.50 Hon. Dennis Kucinich ...... 11/7 11/13 Argentina ...... 890.00 ...... 2,292.50 ...... 3,182.50 Hon. F. James Sensenbrenner ...... 11/7 11/13 Argentina ...... 890.00 ...... 4,367.50 ...... 5,257.50 Hon. Peter DeFazio ...... 11/10 11/14 Argentina ...... 479.00 ...... 5,843.50 ...... 6,322.50 Alssondra Campaigne ...... 11/9 11/14 Argentina ...... 616.00 ...... 1,605.00 ...... 2,221.00 Robert Hood ...... 11/10 11/14 Argentina ...... 479.00 ...... 4,319.50 ...... 4,798.50 Dennis Fitzgibbons ...... 11/9 11/13 Argentina ...... 616.00 ...... 4,367.50 ...... 4,983.50 Mark Kirk ...... 11/10 11/14 Argentina ...... 616.00 ...... 7,923.50 ...... 8,539.50 Kyle Mulhall ...... 11/8 11/13 Argentina ...... 616.00 ...... 1,217.50 ...... 1,833.50 Todd Schultz ...... 11/7 11/13 Argentina ...... 890.00 ...... 4,367.50 ...... 5,257.50 Catherine VanWay ...... 11/7 11/16 Argentina ...... 890.00 ...... 4,124.50 ...... 5,014.50 Harlan Watson ...... 11/1 11/14 Argentina ...... 1,986.00 ...... 4,367.50 ...... 6,353.50 Total ...... 12,185.00 ...... 60,579.50 ...... 72,764.50 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. JAMES SENSENBRENNER, JR., Dec. 10, 1998. REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, HOUSE DELEGATION TO LEBANON, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN NOV. 21 AND NOV. 25, 1998

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Hon. Ray LaHood ...... 11/22 11/25 Lebanon ...... 250.00 ...... (3) ...... 250.00 Hon. Nick Rahall ...... 11/22 11/25 Lebanon ...... 250.00 ...... (3) ...... 250.00 Diane Liesman ...... 11/22 11/25 Lebanon ...... 250.00 ...... (3) ...... 250.00 Total ...... 750.00 ...... 750.00 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Military air transportation. RAY LA HOOD, Dec. 16, 1998. REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, TRAVEL TO SOUTH KOREA, NORTH KOREA, AND JAPAN, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN NOV. 5 AND NOV. 15, 1998

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2 Deborah DeYoung ...... 11/6 11/15 South Korea, North Korea, Japan ...... 1,492.00 ...... 5,581.00 ...... 7,073.00 Total ...... 1,492.00 ...... 5,581.00 ...... 7,073.00 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. TONY P. HALL, Dec. 18, 1998. REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, TRAVEL TO RUSSIA, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN NOV. 8 AND NOV. 12, 1998

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2 Kristan Mack ...... 11/9 11/12 Russia ...... 965.00 ...... 135.00 ...... 1,100.00 Total ...... 965.00 ...... 135.00 ...... 1,100.00 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. KRISTAN MACK, Dec. 8, 1998. H478 CONGRESSIONAL RECORD — HOUSE February 8, 1999 REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL TO NICARAGUA, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN NOV. 29 AND DEC. 1, 1998

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Hon. Solomon Ortiz ...... 11/29 12/1 Nicaragua ...... 187.50 ...... 187.50 Total ...... 187.50 ...... 187.50 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. CASS BALLENGER, Dec. 10, 1998.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, TRAVEL TO KUWAIT, TAIWAN, AND THE PHILIPPINES, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN NOV. 30 AND DEC. 11, 1998

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Albert Santoci ...... 11/30 12/2 Kuwait ...... 676.00 ...... 676.00 12/2 12/5 Taiwan ...... 1,180.00 ...... 1,180.00 12/5 12/11 Philippines ...... 804.00 ...... 804.00

Total ...... 2,660.00 ...... 2,660.00 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. ALBERT M. SANTOCI, Jan. 10, 1999. h

EXECUTIVE COMMUNICATIONS, Tolerances for Canceled Food Uses; Correc- 372. A letter from the Director, Office of ETC. tion [OPP–300733A; FRL–6043–7] (RIN: 2070– Regulatory Management and Information, AB78) received January 27, 1999, pursuant to Environmental Protection Agency, transmit- Under clause 8 of rule XII, executive 5 U.S.C. 801(a)(1)(A); to the Committee on ting the Agency’s final rule—Final Approval communications were taken from the Agriculture. and Promulgation of Implementation Plans; Speaker’s table and referred as follows: 366. A letter from the Director, Office of California State Implementation Plan Revi- 360. A letter from the Administrator, Food Regulatory Management and Information, sion, Bay Area Air Quality Management Dis- and Nutrition Service, Department of Agri- Environmental Protection Agency, transmit- trict [CA 102–0120; FRL–6220–2] received Jan- culture, transmitting the Department’s final ting the Agency’s final rule—Partial With- uary 20, 1999, pursuant to 5 U.S.C. rule—FOOD DISTRIBUTION PROGRAMS: drawal of Cryolite Tolerance Revocations 801(a)(1)(A); to the Committee on Commerce. [OPP–300788; FRL–6058–7] (RIN: 2070–AB78) re- FDPIHO—Oklahoma Waiver Authority (RIN: 373. A letter from the Director, Office of 0584–AB56) received January 21, 1999, pursu- ceived January 27, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Agri- Regulatory Management and Information, ant to 5 U.S.C. 801(a)(1)(A); to the Committee Environmental Protection Agency, transmit- on Agriculture. culture. 367. A letter from the Director, Office of ting the Agency’s final rule—Approval and 361. A letter from the Director, Office of Promulgation of Air Quality Implementa- Regulatory Management and Information, Regulatory Management and Information, Environmental Protection Agency, transmit- tion Plans; Texas; Reasonably Available Environmental Protection Agency, transmit- Control Technology for Emissions of Vola- ting the Agency’s final rule—Azoxystrobin; ting the Agency’s final rule—Diflufenzopyr; Pesticide Tolerance [OPP–300778; FRL 6053–8] tile Organic Compounds (VOC) [TX86–1–7351a; Pesticide Tolerances for Emergency Exemp- FRL–6207–4] received January 20, 1999, pursu- tions [OPP–300772; FRL–6050–6] (RIN: 2070– (RIN: 2070–AB78) received January 27, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- ant to 5 U.S.C. 801(a)(1)(A); to the Committee AB78) received January 27, 1999, pursuant to mittee on Agriculture. on Commerce. 5 U.S.C. 801(a)(1)(A); to the Committee on 368. A communication from the President Agriculture. 374. A letter from the Director, Office of of the United States, transmitting the Dis- 362. A letter from the Director, Office of Regulatory Management and Information, trict of Columbia Courts’ FY 2000 Budget re- Regulatory Management and Information, Environmental Protection Agency, transmit- quest; (H. Doc. No. 106—17); to the Commit- Environmental Protection Agency, transmit- ting the Agency’s final rule—Hazardous tee on Appropriations and ordered to be ting the Agency’s final rule—Fenbuconazole; Waste Management System; Identification printed. Pesticide Tolerances for Emergency Exemp- and Listing of Hazardous Waste; Final Exclu- 369. A letter from the Acting Assistant sion [SW-FRL–6219–2] received January 27, tions [OPP–300776; FRL–6054–3] (RIN: 2070– General Counsel for Regulations, Depart- 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the AB78) received January 27, 1999, pursuant to ment of Education, transmitting the Depart- Committee on Commerce. 5 U.S.C. 801(a)(1)(A); to the Committee on ment’s final rule—Jacob K. Javits Fellow- Agriculture. ship Program—received January 27, 1999, 375. A letter from the Director, Office of 363. A letter from the Director, Office of pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Regulatory Management and Information, Regulatory Management and Information, mittee on Education and the Workforce. Environmental Protection Agency, transmit- Environmental Protection Agency, transmit- 370. A letter from the Director, Office of ting the Agency’s final rule—National Emis- ting the Agency’s final rule—Lambda- Regulatory Management and Information, sion Standards for Hazardous Air Pollutants cyhalothrin; Pesticide Tolerances for Emer- Environmental Protection Agency, transmit- from Secondary Lead Smelting [AD-FRL– gency Exemptions [OPP–300780; FRL–6056–2] ting the Agency’s final rule—Hazardous 6227–5] (RIN: 2060–AE04) received January 27, (RIN: 2070–AB78) received January 27, 1999, Waste Treatment, Storage, and Disposal Fa- 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- cilities and Hazardous Waste Generators; Or- Committee on Commerce. mittee on Agriculture. ganic Air Emission Standards for Tanks, 376. A letter from the Director, Office of 364. A letter from the Director, Office of Surface Impoundments, and Containers [IL– Regulatory Management and Information, Regulatory Management and Information, 64–2–5807; FRL–6221–9] (RIN: 2060–AG44) re- Environmental Protection Agency, transmit- Environmental Protection Agency, transmit- ceived January 20, 1999, pursuant to 5 U.S.C. ting the Agency’s final rule—Approval and ting the Agency’s final rule—Rescission of 801(a)(1)(A); to the Committee on Commerce. Promulgation of Air Quality Implementa- Cryolite Tolerance Revocations; Final Rule, 371. A letter from the Director, Office of tion Plans; Colorado; Revision to Regulation Delay of Effective Date [OPP–300788; FRL– Regulatory Management and Information, No. 7, Section III, General Requirements for 6058–7] (RIN: 2070–AB78) received January 27, Environmental Protection Agency, transmit- 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the ting the Agency’s final rule—Approval and Storage and Transfer of Volatile Organic Committee on Agriculture. Promulgation of Implementation Plans; Des- Compounds [CO–001–0019a; FRL–6216–6] re- 365. A letter from the Director, Office of ignation of Areas for Air Quality Planning ceived January 27, 1999, pursuant to 5 U.S.C. Regulatory Management and Information, Purposes [MO 043–1043(a); FRL–6220–1] re- 801(a)(1)(A); to the Committee on Commerce. Environmental Protection Agency, transmit- ceived January 20, 1999, pursuant to 5 U.S.C. 377. A letter from the Director, Office of ting the Agency’s final rule—Revocation of 801(a)(1)(A); to the Committee on Commerce. Regulatory Management and Information, February 8, 1999 CONGRESSIONAL RECORD — HOUSE H479 Environmental Protection Agency, transmit- ports containing the 30 September 1998 sta- 27, 1999, pursuant to D.C. Code section 1— ting the Agency’s final rule—Subtitle D Reg- tus of loans and guarantees issued under the 233(c)(1); to the Committee on Government ulated Facilities; State Permit Program De- Arms Export Control Act; to the Committee Reform. termination of Adequacy; State Implementa- on International Relations. 398. A letter from the Chairman of the tion Rule—Amendments and Technical Cor- 387. A letter from the Chairman of the Council, Council of the District of Columbia, rections [FRL–6223–8] (RIN: 2050–AD03) re- Council, Council of the District of Columbia, transmitting a copy of D.C. ACT 12–454, ceived January 27, 1999, pursuant to 5 U.S.C. transmitting a copy of D.C. ACT 12–458, ‘‘Adult Education Designation Temporary 801(a)(1)(A); to the Committee on Commerce. ‘‘Uniform Prudent Investor Act of 1998’’ re- Amendment Act of 1998’’ received January 378. A letter from the Director, Office of ceived January 27, 1999, pursuant to D.C. 27, 1999, pursuant to D.C. Code section 1— Regulatory Management and Information, Code section 1—233(c)(1); to the Committee 233(c)(1); to the Committee on Government Environmental Protection Agency, transmit- on Government Reform. Reform. ting the Agency’s final rule—Nevada: Final 388. A letter from the Chairman of the 399. A letter from the Chairman of the Authorization of State Hazardous Waste Council, Council of the District of Columbia, Council, Council of the District of Columbia, Management Program Revision [FRL–6226–1] transmitting a copy of D.C. ACT 12–457, transmitting a copy of D.C. ACT 12–434, received January 27, 1999, pursuant to 5 ‘‘Metropolitan African Methodist Episcopal ‘‘Vendor Payment and Drug Abuse, Alcohol U.S.C. 801(a)(1)(A); to the Committee on Church Equitable Real Property Tax Relief Abuse, and Mental Illness Coverage Tem- Commerce. Act of 1998’’ received January 27, 1999, pursu- porary Act of 1998’’ received January 27, 1999, 379. A letter from the Director, Office of ant to D.C. Code section 1—233(c)(1); to the pursuant to D.C. Code section 1—233(c)(1); to Regulatory Management and Information, Committee on Government Reform. the Committee on Government Reform. Environmental Protection Agency, transmit- 389. A letter from the Chairman of the 400. A letter from the Chairman of the ting the Agency’s final rule—Approval of Council, Council of the District of Columbia, Council, Council of the District of Columbia, Section 112(1) Authority for Hazardous Air transmitting a copy of D.C. ACT 12–467, ‘‘Ca- transmitting a copy of D.C. ACT 12–453, Pollutants; Perchloroethylene Air Emission thedral Way Symbolic Designation Act of ‘‘Public School Nurse Assignment Tem- Standards for Dry Cleaning Facilities; State 1998’’ received January 27, 1999, pursuant to porary Amendment Act of 1998’’ received of California; Yolo-Solano Air Quality Man- D.C. Code section 1—233(c)(1); to the Commit- January 27, 1999, pursuant to D.C. Code sec- agement District [FRL–6222–7] received Jan- tee on Government Reform. tion 1—233(c)(1); to the Committee on Gov- uary 27, 1999, pursuant to 5 U.S.C. 390. A letter from the Chairman of the ernment Reform. 801(a)(1)(A); to the Committee on Commerce. Council, Council of the District of Columbia, 380. A letter from the Director, Office of transmitting a copy of D.C. ACT 12–456, 401. A letter from the Chairman of the Regulatory Management and Information, ‘‘Mount Calvary Holy Evangelistic Church Council, Council of the District of Columbia, Environmental Protection Agency, transmit- Equitable Real Property Tax Relief Act of transmitting a copy of D.C. ACT 12–421, ting the Agency’s final rule—Approval and 1998’’ received January 27, 1999, pursuant to ‘‘Oyster Elementary School Construction Promulgation of Air Quality Implementa- D.C. Code section 1—233(c)(1); to the Commit- and Revenue BOND Act of 1998’’ received Jan- tion Plans; Texas; Multiple Air Contaminant tee on Government Reform. uary 27, 1999, pursuant to D.C. Code section Sources or Properties [TX–71–1–7311a; FRL– 391. A letter from the Chairman of the 1—233(c)(1); to the Committee on Govern- 6222–1] received January 27, 1999, pursuant to Council, Council of the District of Columbia, ment Reform. 5 U.S.C. 801(a)(1)(A); to the Committee on transmitting a copy of D.C. ACT 12–465, ‘‘De- 402. A letter from the Chairman of the Commerce. partment of Human Services and Commis- Council, Council of the District of Columbia, 381. A letter from the Director, Office of sion on Mental Health Services Mandatory transmitting a copy of D.C. ACT 12–399, ‘‘Fis- Regulatory Management and Information, Employee Drug and Alcohol Testing Tem- cal Year 1999 Budget Support Act of 1998’’ re- Environmental Protection Agency, transmit- porary Amendment Act of 1998’’ received ceived January 27, 1999, pursuant to D.C. ting the Agency’s final rule—Protection of January 27, 1999, pursuant to D.C. Code sec- Code section 1—233(c)(1); to the Committee Stratospheric Ozone: Listing MT–31 as an tion 1—233(c)(1); to the Committee on Gov- on Government Reform. Unacceptable Refrigerant Under EPA’s Sig- ernment Reform. 403. A letter from the Chairman of the nificant New Alternatives Policy (SNAP) 392. A letter from the Chairman of the Council, Council of the District of Columbia, Program [FRL–6224–6] (RIN: 2060–AG12) re- Council, Council of the District of Columbia, transmitting a copy of D.C. ACT 12–460, ceived January 21, 1999, pursuant to 5 U.S.C. transmitting a copy of D.C. ACT 12–419, ‘‘Of- ‘‘Closing of a Public Alley in Square 457, S.O. 801(a)(1)(A); to the Committee on Commerce. fice of the Inspector General Law Enforce- 90–364 Act of 1998’’ received January 27, 1999, 382. A letter from the Director, Office of ment Powers Temporary Amendment Act of pursuant to D.C. Code section 1—233(c)(1); to Regulatory Management and Information, 1998’’ received January 27, 1999, pursuant to the Committee on Government Reform. Environmental Protection Agency, transmit- D.C. Code section 1—233(c)(1); to the Commit- 404. A letter from the Chairman of the ting the Agency’s final rule—Protection of tee on Government Reform. Council, Council of the District of Columbia, Stratospheric Ozone: Listing 393. A letter from the Chairman of the transmitting a copy of D.C. ACT 12–459, ‘‘Mu- Hexafluoropropylene (HFP) and HFP-Con- Council, Council of the District of Columbia, tual Holding Company Mergers and Acquisi- taining Blends as Unacceptable Refrigerants transmitting a copy of D.C. ACT 12–420, tion Amendment Act of 1998’’ received Janu- Under EPA’s Significant New Alternatives ‘‘Drug-Related Nuisance Abatement Tem- ary 27, 1999, pursuant to D.C. Code section 1— Policy (SNAP) Program [FRL–6224–7] (RIN: porary Act of 1998’’ received January 27, 1999, 233(c)(1); to the Committee on Government 2060–AG12) received January 21, 1999, pursu- pursuant to D.C. Code section 1—233(c)(1); to Reform. ant to 5 U.S.C. 801(a)(1)(A); to the Committee the Committee on Government Reform. 405. A letter from the Comptroller General, 394. A letter from the Chairman of the on Commerce. transmitting List of all reports issued or re- Council, Council of the District of Columbia, 383. A letter from the Director, Office of leased by the GAO in December 1998, pursu- transmitting a copy of D.C. ACT 12–426, Regulatory Management and Information, ant to 31 U.S.C. 719(h); to the Committee on ‘‘Uniform Per Student Funding Formula for Environmental Protection Agency, transmit- Government Reform. ting the Agency’s final rule—Hazardous Public Schools and Public Charter Schools 406. A letter from the Chairman of the Waste Management System; Identification Second Temporary Act of 1998’’ received Jan- Council, Council of the District of Columbia, and Listing of Hazardous Waste; Final Exclu- uary 27, 1999, pursuant to D.C. Code section transmitting a copy of D.C. ACT 12–461, ‘‘Of- sion [SW-FRL–6223–5] received January 21, 1—233(c)(1); to the Committee on Govern- fice of the Inspector General Law Enforce- 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the ment Reform. ment Powers Amendment Act of 1998’’ re- Committee on Commerce. 395. A letter from the Chairman of the 384. A letter from the Director, Office of Council, Council of the District of Columbia, ceived January 27, 1999, pursuant to 5 U.S.C. Regulatory Management and Information, transmitting a copy of D.C. ACT 12–422, 801(a)(1)(A); to the Committee on Govern- Environmental Protection Agency, transmit- ‘‘Board of Elections and Ethics Subpoena ment Reform. ting the Agency’s final rule—Approval and Authority Temporary Amendment Act of 407. A letter from the Director, Office of Promulgation of Air Quality Implementa- 1998’’ received January 27, 1999, pursuant to Regulatory Management and Information, tion Plans; Maryland; Control of VOCs from D.C. Code section 1—233(c)(1); to the Commit- Environmental Protection Agency, transmit- the Manufacture of Explosives and Propel- tee on Government Reform. ting the Agency’s final rule—Acquisition lant [MD079–3035a; FRL–6218–2] received Jan- 396. A letter from the Chairman of the Regulation: Administrative Amendments uary 21, 1999, pursuant to 5 U.S.C. Council, Council of the District of Columbia, [FRL–6222–5] received January 20, 1999, pur- 801(a)(1)(A); to the Committee on Commerce. transmitting a copy of D.C. ACT 12–418, suant to 5 U.S.C. 801(a)(1)(A); to the Commit- 385. A communication from the President ‘‘Arson Investigators Amendment Act of tee on Government Reform. of the United States, transmitting a report 1998’’ received January 27, 1999, pursuant to 408. A letter from the Assistant Secretary to Congress of ongoing efforts to achieve sus- D.C. Code section 1—233(c)(1); to the Commit- for Fish and Wildlife and Parks, Department tainable peace in Bosnia and Herzegovina tee on Government Reform. of the Interior, transmitting the Depart- (BiH); (H. Doc. No. 106—18); to the Commit- 397. A letter from the Chairman of the ment’s final rule— Marine Mammals; Inci- tee on International Relations and ordered Council, Council of the District of Columbia, dental Take During Specified Activities to be printed. transmitting a copy of D.C. ACT 12–455, ‘‘His- (RIN: 1018–AF02) received January 25, 1999, 386. A letter from the Director, Defense Se- toric Motor Vehicle Vintage License Plate pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- curity Cooperation Agency, transmitting re- Amendment Act of 1998’’ received January mittee on Resources. H480 CONGRESSIONAL RECORD — HOUSE February 8, 1999 409. A letter from the Director, Office of for printing and reference to the proper REPORTED BILLS SEQUENTIALLY Sustainable Fisheries, National Marine Fish- calendar, as follows: REFERRED eries Service, National Oceanic and Atmos- [Filed on February 5, 1999] pheric Administration, transmitting the Ad- Under clause 2 of rule XII, bills and ministration’s final rule—Atlantic Tuna Mr. BURTON: Committee on Government reports were delivered to the Clerk for Fisheries; Atlantic Bluefin Tuna [I.D. Reform. H.R. 391. A bill to amend chapter 35 printing, and bills referred as follows: of title 44, United States Code, for the pur- 122198B] received January 27, 1999, pursuant [Filed on February 5, 1999] to 5 U.S.C. 801(a)(1)(A); to the Committee on pose of facilitating compliance by small businesses with certain Federal paperwork Mr. BURTON: Committee on Government Resources. Reform. H.R. 437. A bill to provide for a Chief 410. A letter from the General Counsel, De- requirements, to establish a task force to ex- amine the feasibility of streamlining paper- Financial Officer in the Executive Office of partment of Transportation, transmitting the President; referred to the Committee on the Department’s final rule—Airworthiness work requirements applicable to small busi- nesses, and for other purposes (Rept. 106–8 the Budget for a period ending not later than Directives; McDonnell Douglas Model MD–11 February 5, 1999, for consideration of such Series Airplanes [Docket No. 98–NM–348–AD; Pt. 1). Referred to the Committee of the provisions of the bill as fall within their ju- Amendment 39–10937; AD 98–25–11] (RIN: 2120– Whole House on the State of the Union. risdiction pursuant to clause 1(c), rule X. AA64) received January 27, 1999, pursuant to Mr. BURTON: Committee on Government (Rept. 106–7, Pt. 1). 5 U.S.C. 801(a)(1)(A); to the Committee on Reform. H.R. 436. A bill to reduce waste, Transportation and Infrastructure. fraud, and error in Government programs by f making improvements with respect to Fed- 411. A letter from the General Counsel, De- PUBLIC BILLS AND RESOLUTIONS partment of Transportation, transmitting eral management and debt collection prac- the Department’s final rule—Airworthiness tices, Federal payment systems, Federal Under clause 2 of rule XII, public Directives; Boeing Model 727 Series Air- benefit programs, and for other purposes bills and resolutions were introduced planes Modified in Accordance with Supple- (Rept. 106–9 Pt. 1). Referred to the Commit- and severally referred, as follows: mental Type Certificate ST00015AT [Docket tee of the Whole House on the State of the Union. By Mr. ANDREWS: No. 97–NM–80–AD; Amendment 39–10963; AD H.R. 613. A bill to amend title 9, United [Filed on February 8, 1999] 98–26–20] (RIN: 2120–AA64) received January States Code, to allow employees the right to 27, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to Mr. YOUNG of Alaska: Committee on Re- accept or reject the use of arbitration to re- the Committee on Transportation and Infra- sources. H.R. 193. A bill to designate a por- solve an employment controversy; to the structure. tion of the Sudbury, Assabet, and Concord Committee on the Judiciary. 412. A letter from the General Counsel, De- Rivers as a component of the National Wild By Mr. ARCHER (for himself, Mr. LI- partment of Transportation, transmitting and Scenic Rivers System (Rept. 106–10). Re- PINSKI, Mr. THOMAS, Mr. CRANE, Mr. the Department’s final rule—Airworthiness ferred to the Committee of the Whole House HALL of Texas, Mr. COOKSEY, Mr. Directives; Boeing Model 727 Series Air- on the State of the Union. GOSS, Mr. ARMEY, Mr. ROYCE, Mr. PE- planes Modified in Accordance with Supple- Mr. TALENT: Committee on Small Busi- TERSON of Pennsylvania, Mr. BRADY mental Type Certificate SA1444SO, ness. H.R. 439. A bill to amend chapter 35 of of Texas, Mr. MCCOLLUM, Mr. SA1509SO, SA1543SO, SA1896SO, SA1740SO, title 44, United States Code, popularly PORTMAN, Mr. HILLEARY, Mr. or SA1667SO [Docket No. 97–NM–81–AD; known as the Paperwork Reduction Act, to Amendment 39–10964; AD 98–26–21] (RIN: 2120– minimize the burden of Federal paperwork HOSTETTLER, Mr. BONILLA, Mr. AA64) received January 27, 1999, pursuant to demands upon small businesses, educational TANCREDO, Mr. STUMP, Mr. LARGENT, 5 U.S.C. 801(a)(1)(A); to the Committee on and nonprofit institutions, Federal contrac- Mr. CUNNINGHAM, Mr. YOUNG of Alas- Transportation and Infrastructure. tors, State and local governments, and other ka, Mr. KOLBE, Mrs. MYRICK, Mr. 413. A letter from the General Counsel, De- persons through the sponsorship and use of RAMSTAD, Mr. COBURN, Mr. BURTON of partment of Transportation, transmitting alternative information technologies (Rept. Indiana, Mr. ENGLISH, Mr. MCCRERY, the Department’s final rule—Airworthiness 106–11, Pt. 1). Mr. HAYWORTH, and Mr. SHADEGG): Directives; Boeing Model 727 Series Air- Mr. TALENT: Committee on Small Busi- H.R. 614. A bill to amend the Internal Rev- planes Modified in Accordance with Supple- ness. H.R. 440. A bill to make technical cor- enue Code of 1986 to expand the availability mental Type Certificate SA1767SO, rections to the Microloan Program (Rept. of medical savings accounts; to the Commit- SA1768SO, or SA7447SW [Docket No. 97–NM– 106–12). Referred to the Committee of the tee on Ways and Means. 09–AD; Amendment 39–10961; AD 98–26–18] Whole House on the State of the Union. By Mr. CRANE: H.R. 615. A bill to amend the Internal Rev- (RIN: 2120–AA64) received January 27, 1999, DISCHARGE OF COMMITTEE pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- enue Code of 1986 to permit early distribu- [The following actions occurred on February 5, tions from employee stock ownership plans mittee on Transportation and Infrastruc- 1999] ture. for higher education expenses and first-time 414. A letter from the General Counsel, De- Pursuant to clause 5 of rule X, the homebuyer purchases; to the Committee on partment of Transportation, transmitting Committee on Small Business dis- Ways and Means. the Department’s final rule—Airworthiness charged from further consideration. H.R. 616. A bill to amend the Internal Rev- Directives; Boeing Model 727 Series Air- H.R. 391 referred to the Committee of enue Code of 1986 to permit 401(k) contribu- planes Modified in Accordance with Supple- the Whole House on the State of the tions which would otherwise be limited by mental Type Certificate SA1368SO, employer contributions to employee stock Union. ownership plans; to the Committee on Ways SA1797SO, or SA1798SO [Docket No. 97–NM– Pursuant to clause 5 of rule X, the 79–AD; Amendment 39–10962; AD 98–26–19] and Means. following action was taken by the By Ms. DEGETTE (for herself, Mr. (RIN: 2120–AA64) received January 27, 1999, Speaker: the Committee on the Judici- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- NORWOOD, Ms. SCHAKOWSKY, Mr. mittee on Transportation and Infrastruc- ary discharged from further consider- SHOWS, Mr. UNDERWOOD, Mr. ENGLISH, ture. ation. H.R. 436 referred to the Commit- Ms. RIVERS, and Mr. STRICKLAND): 415. A letter from the Director, Office of tee of the Whole House on the State of H.R. 617. A bill to amend the Comprehen- Regulatory Management and Information, the Union. sive Environmental Response, Compensa- Environmental Protection Agency, transmit- Pursuant to clause 5 of rule X, the tion, and Liability Act of 1980 to ensure full Federal compliance with that Act; to the ting the Agency’s final rule—Whole Effluent Committee on the Budget discharged Toxicity: Guidelines Establishing Test Pro- Committee on Commerce, and in addition to from further consideration. H.R. 437 re- the Committee on Transportation and Infra- cedures for the Analysis of Pollutants; Final ferred to the Committee of the Whole Rule, Technical Corrections [FRL–6227–4] re- structure, for a period to be subsequently de- ceived January 27, 1999, pursuant to 5 U.S.C. House on the State of the Union. termined by the Speaker, in each case for 801(a)(1)(A); to the Committee on Transpor- f consideration of such provisions as fall with- in the jurisdiction of the committee con- tation and Infrastructure. TIME LIMITATION OF REFERRED 416. A communication from the President cerned. of the United States, transmitting his eco- BILL PURSUANT TO RULE X By Mr. DOGGETT (for himself, Mr. nomic report, together with the annual re- Pursuant to clause 5 of rule X the fol- EVANS, and Mr. CRAMER): port of the Council of Economic Advisers, H.R. 618. A bill to provide for the adjudica- lowing action was taken by the Speak- tion of certain claims against the Govern- pursuant to 15 U.S.C. 1022(a); (H. Doc. No. er: 106—2); to the Committee on the Joint Eco- ment of Iraq and to ensure priority for [The following actions occurred on February 5, nomic Committee and ordered to be printed. United States veterans filing such claims; to 1999] the Committee on International Relations. f H.R. 436. Referral to the Committee on the By Mr. FRANK of Massachusetts: REPORTS OF COMMITTEES ON Judiciary extended for a period ending not H.R. 619. A bill to amend the Civil Rights PUBLIC BILLS AND RESOLUTIONS later than February 5, 1999. Act of 1964 to prohibit discrimination on the H.R. 391. Referral to the Committee on basis of sex in programs receiving Federal Under clause 2 of rule XIII, reports of Small Business extended for a period ending fianancial assistance; to the Committee on committees were delivered to the Clerk not later than February 5, 1999. the Judiciary. February 8, 1999 CONGRESSIONAL RECORD — HOUSE H481 By Mr. FRANKS of New Jersey (for PORTMAN, Mr. REGULA, Mr. SAWYER, ADDITIONAL SPONSORS himself, Mr. FRELINGHUYSEN, and and Mrs. JONES of Ohio): Mrs. ROUKEMA): H.R. 625. A bill to amend title 38, United Under clause 7 of rule XII, sponsors H.R. 620. A bill to direct the Secretary of States Code, to authorize the Secretary of were added to public bills and resolu- Transportation to conduct a test to deter- Veterans Affairs to continue payment of tions as follows: mine the costs and benefits of requiring jet- monthly educational assistance benefits to H.R. 104: Mr. CALVERT, Mr. CHAMBLISS, propelled aircraft taking off from Newark veterans enrolled at educational institutions Mrs. CUBIN, Ms. DUNN of Washington, Mr. International Airport, New Jersey, to con- during periods between terms if the interval EHRLICH, Mr. FORBES, Mr. GOODE, Mr. GOOD- duct ascents over the ocean, and for other between such periods does not exceed eight LING, Mr. GREEN of , Mr. HASTINGS purposes; to the Committee on Transpor- weeks; to the Committee on Veterans’ Af- of Washington, Mr. HAYES, Mr. ISTOOK, Mr. tation and Infrastructure. fairs. LARGENT, and Mr. MCKEON. By Mr. SANDERS (for himself, Mr. By Mr. HILLEARY: H.R. 105: Mr. COOKSEY and Mr. FORBES. DEFAZIO, Mr. ROHRABACHER, Mr. H.R. 621. A bill to provide that certain reg- H.R. 106: Mr. COOKSEY, Mr. FORBES, Mr. CAMPBELL, Mr. ALLEN, Mr. NADLER, ulations proposed by the Comptroller of the HOSTETTLER, and Mr. SAM JOHNSON of Texas. Mr. BERRY, Mrs. THURMAN, Mrs. Currency, the Director of the Office of Thrift H.R. 107: Mr. CALVERT, Mr. CHAMBLISS, Mr. JONES of Ohio, Mr. STARK, Mr. OLVER, Supervision, the Board of Governors of the COOKSEY, Mr. FORBES, Mr. HOSTETTLER, Mr. Mr. BOUCHER, Mr. KUCINICH, Mr. LU- Federal Reserve System, and the Federal De- SAM JOHNSON of Texas, Mr. LATHAM, and Mr. THER, Mr. WAXMAN, Ms. SCHAKOWSKY, posit Insurance Corporation relating to prac- PAUL. tices of financial institutions shall not take and Ms. ROS-LEHTINEN): H.R. 108: Mr. COOKSEY, Mr. FORBES, Mr. effect; to the Committee on Banking and Fi- H.R. 626. A bill to require persons who un- HOEKSTRA, and Mr. HOSTETTLER. nancial Services. dertake federally funded research and devel- H.R. 150: Mr. STUMP, Mr. GIBBONS, Mr. By Mr. HOUGHTON (for himself, Mr. opment of drugs to enter into reasonable pricing agreements with the Secretary of UNDERWOOD, and Mr. MCDERMOTT. MCNULTY, Mr. TOWNS, Mr. LAFALCE, Health and Human Services, and for other ANNON C NNIS Mr. FROST, Mr. KING of New York, H.R. 151: Mr. C and Mr. M I . purposes; to the Committee on Commerce. Mr. NEAL of Massachusetts, Mr. H.R. 154: Mr. UDALL of Colorado. By Mr. SANDERS: HAYWORTH, Mr. HINCHEY, Mr. H.R. 169: Mr. GANSKE. H.R. 627. A bill to amend the Fair Labor HINOJOSA, and Mr. WAXMAN): H.R. 218: Mr. PICKERING, Ms. GRANGER, Mr. Standards Act of 1938 to increase the mini- HASTINGS of Washington, Mr. COLLINS, Mr. H.R. 622. A bill to amend the Internal Rev- mum wage and to provide for an increase in WICKER, Mr. GILMAN, Mr. SISISKY, Mr. enue Code of 1986 to exclude from gross in- such wage based on the cost of living; to the TOOMEY, Mr. HALL of Ohio, Mr. TANCREDO, come rewards received by reason of provid- Committee on Education and the Workforce. Mr. METCALF, Mr. BILBRAY, Mr. TURNER, Mr. ing information leading to the conviction of By Mr. TRAFICANT (for himself, Mr. a crime to the extent that the reward is used LINDER, Mr. BARRETT of Nebraska, Mr. MURTHA, Mr. BILBRAY, and Mr. ROHR- to compensate victims of crime; to the Com- HOSTETTLER, Mr. NEY, Mr. GREEN of Wiscon- ABACHER): mittee on Ways and Means. H.R. 628. A bill to amend title 10, United sin, Mr. TRAFICANT, Mr. SHOWS, Mr. GOOD- By Mr. KNOLLENBERG (for himself, States Code, to authorize the Secretary of LATTE, Mr. NORWOOD, Mr. STUMP, Mr. RADAN- Mr. BACHUS, Mr. BARTON of Texas, Defense to assign members of the Armed OVICH, Mr. BURTON of Indiana, Mr. CALVERT, Mr. CALLAHAN, Mr. CALVERT, Mr. Forces, under certain circumstances and sub- Mr. STRICKLAND, and Mrs. THURMAN. CANADY of Florida, Mr. CHAMBLISS, ject to certain conditions, to assist the Im- H.R. 271: Mr. RANGEL. Mr. COX of California, Ms. DANNER, migration and Naturalization Service and H.R. 316: Mr. NADLER, Mr. COOKSEY, Mr. Mr. DELAY, Mr. DOOLITTLE, Mr. DUN- the United States Customs Service in the GOODE, and Mr. SUNUNU. CAN, Mr. ENGLISH, Mr. EHRLICH, Mr. performance of border protection functions; H.R. 351: Mr. BURTON of Indiana, Mr. COOK, HANSEN, Mr. HASTINGS of Washing- to the Committee on Armed Services. Mr. SHAW, Mr. RUSH, Mr. POMEROY, Mr. ton, Mr. HERGER, Mr. HOEKSTRA, Mr. By Mr. VENTO (for himself and Mrs. DICKEY, Mr. GREEN of Wisconsin, and Mr. HUTCHINSON, Mr. JOHN, Mrs. MYRICK, ROUKEMA): RYUN of Kansas. ORWOOD AUL OHR Mr. N , Mr. P , Mr. R - H.R. 629. A bill to amend the Community H.R. 355: Mr. ORTIZ. ABACHER, Mr. SANDLIN, Mr. SESSIONS, Development Banking and Financial Institu- H.R. 357: Mr. CARDIN and Mr. MASCARA. Mr. SMITH of Michigan, Mr. SOUDER, tions Act of 1994 to reauthorize the Commu- H.R. 373: Mr. PAUL. Mr. STUMP, Mr. TRAFICANT, and Mr. nity Development Financial Institutions H.R. 415: Mr. LANTOS and Mr. MARTINEZ. UPTON): Fund and to more efficiently and effectively H.R. 623. A bill to amend the Energy Policy promote economic revitalization, commu- H.R. 433: Mr. SCARBOROUGH, Mr. HORN, and and Conservation Act to eliminate certain nity development, and community develop- Mr. MORAN of Virginia. regulation of plumbing supplies; to the Com- ment financial institutions, and for other H.R. 438: Mrs. WILSON. mittee on Commerce. purposes; to the Committee on Banking and H.R. 548: Mrs. CLAYTON, Mrs. MINK of Ha- By Mr. KNOLLENBERG: Financial Services. waii, Mr. BISHOP, Ms. EDDIE BERNICE JOHN- H.R. 624. A bill to amend section 101 of title By Mr. FRANK of Massachusetts: SON of Texas, Mr. WAXMAN, Mr. GEJDENSON, 11 of the United States Code to modify the H.J. Res. 24. A joint resolution proposing Mr. GONZALEZ, Mr. CUMMINGS, Mr. MEEKS of definition of single asset real estate and to an amendment to the Constitution of the New York, Ms. NORTON, Mr. OWENS, Mr. make technical corrections; to the Commit- United States to repeal the twenty-second SCOTT, Mr. PASTOR, Mr. WYNN, Mrs. CAPPS, tee on the Judiciary. amendment relating to Presidential term Mr. UDALL of New Mexico, and Mrs. THUR- By Mr. NEY (for himself, Mr. BROWN of limitations; to the Committee on the Judici- MAN. Ohio, Mr. KASICH, Mr. KUCINICH, Mr. ary. H. Con. Res. 21: Mr. RUSH. E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 106 CONGRESS, FIRST SESSION

Vol. 145 WASHINGTON, MONDAY, FEBRUARY 8, 1999 No. 22 Senate The Senate met at 1:06 p.m. and was cles of impeachment. Pursuant to S. grave constitutional responsibility to called to order by the Chief Justice of Res. 30, the Senate will proceed to final determine whether the actions of the United States. arguments for not to exceed 6 hours, President Clinton merit his conviction f equally divided between the House and removal from office. The Senate managers and the White House counsel. has been patient, attentive and en- TRIAL OF WILLIAM JEFFERSON At the conclusion of those arguments gaged throughout this unwelcome task, CLINTON, PRESIDENT OF THE today, I expect the Senate to adjourn and for this the House managers are UNITED STATES the impeachment trial until tomorrow. grateful. The managers would also like The CHIEF JUSTICE. The Senate We expect tonight, when we go out of to thank the distinguished Chief Jus- will convene as a Court of Impeach- the impeachment trial, to have a pe- tice for his patience and impartial de- ment. The Chaplain will offer a prayer. riod for legislative business so we can meanor throughout this trial. pass a resolution or consider a resolu- At the outset of the managers’ clos- PRAYER tion with regard to King Hussein. ing arguments, it is important to dis- The Chaplain, Dr. Lloyd John ORDER FOR TUESDAY, FEBRUARY 9, 1999 tinguish what has caused only the sec- Ogilvie, offered the following prayer: Mr. LOTT. I now ask unanimous con- ond Presidential impeachment in his- Almighty God, guide the Senators sent that when the Senate completes tory from extraneous matters that today as they move closer to the com- its business today, it stand in adjourn- bear no relation to the verdict the Sen- pletion of this impeachment trial and ment, to reconvene as a Court of Im- ate will shortly reach. When this trial confront some of the most difficult de- peachment at 1 p.m. on Tuesday, Feb- began 4 long weeks ago, we said that cisions of their lives. Give them phys- ruary 9, 1999. what was on trial was the truth and ical strength and mental fortitude for The CHIEF JUSTICE. Without objec- the rule of law. That has not changed, this day. In anticipation of Your bur- tion, it is so ordered. despite the lengthy legal arguments den-lifting blessing, we place our trust UNANIMOUS-CONSENT REQUEST you have heard. The truth is still the in You. Mr. LOTT. Mr. Chief Justice, I ask truth and a lie is still a lie. And the We renew our prayers for peace in the rule of law should apply to everyone no Middle East. Thank You for the life unanimous consent that the February 5, 1999, affidavit of Mr. Christopher matter what excuses are made by the and leadership of King Hussein of Jor- President’s defenders. dan, that persistent peacemaker and Hitchens and the February 7, 1999, affi- davit of Ms. Carol Blue be admitted The news media characterizes the emissary of light in the often dim ne- managers as 13 angry men. They are gotiations for just peace. Now at this into evidence in this proceeding. The CHIEF JUSTICE. Is there objec- right in that we are angry, but they are time of his untimely death, we pray for dead wrong about what we are angry the people of Jordan and for his son, tion? Mr. DASCHLE. At this juncture in about. We have not spent long hours King Abdullah, as he assumes the im- the trial, I am compelled to object. poring through the evidence, sacrificed mense challenges of leadership. In Your The CHIEF JUSTICE. Objection is time with our families and subjected holy Name. Amen. ourselves to intense political criticism The CHIEF JUSTICE. The Sergeant heard. Mr. LOTT. I believe we are ready to to further a political vendetta. We have at Arms will make the proclamation. done so because of our love for this The Sergeant at Arms, James W. proceed, Mr. Chief Justice. country and respect for the Office of Ziglar, made proclamation as follows: The CHIEF JUSTICE. The Chair rec- ognizes Mr. Manager SENSENBRENNER. the Presidency, regardless of who may Hear ye! Hear ye! Hear ye! All persons are commanded to keep silent, on pain of impris- Mr. Manager SENSENBRENNER. Mr. hold it. We have done so because of our onment, while the Senate of the United Chief Justice, distinguished counsel for devotion to the rule of law and our fear States is sitting for the trial of the articles the President, and Senators, I am Con- that if the President does not suffer of impeachment exhibited by the House of gressman JIM SENSENBRENNER. I rep- the legal and constitutional con- Representatives against William Jefferson resent 580,000 people in southeastern sequences of his actions, the impact of Clinton, President of the United States. Wisconsin in the U.S. House of Rep- allowing the President to stand above The CHIEF JUSTICE. The Chair rec- resentatives. During my entire service the law will be felt for generations to ognizes the majority leader. in Congress, I have served as a member come. Mr. LOTT. Thank you, Mr. Chief Jus- of the Committee on the Judiciary of The Almanac of American Politics tice. the House of Representatives. has called me ‘‘a stickler for ethics.’’ ORDER OF PROCEDURE We are nearing the end of a long and To that, I plead guilty as charged be- Mr. LOTT. This afternoon the Senate difficult process. The Senate has con- cause laws not enforced are open invi- will resume consideration of the arti- sidered for the past several weeks the tations for more serious and criminal

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

S1337

. S1338 CONGRESSIONAL RECORD — SENATE February 8, 1999 behavior. This trial was not caused by for his perjury, just like any citizen us here today. To keep a President in Kenneth Starr, who only did his duty must. The President’s defenders and office whose gross misconduct and under a law which President Clinton spin doctors would have you believe criminal actions are a well-established himself signed. It was not caused by that the President told all of these lies fact will weaken the authority of the the House Judiciary Committee’s re- under oath to protect himself and his Presidency, undermine the rule of law, view of the independent counsel’s family from personal embarrassment, and cheapen those words which have mountain of evidence. Nor was it and even if he did tell a lie, it was not made America different from most caused by the House of Representatives that bad a lie. other nations on the Earth: Equal jus- approving two articles of impeach- Senators, please remember that the tice under law. ment, nor by the Senate conducting a President’s grand jury appearance was For the sake of our country and for trial mandated by the Constitution. over 6 months after the news media future generations, please find the Regardless of what some may say, broke the story about the President’s President guilty of perjury and ob- this constitutional crisis was caused by affair with Ms. Lewinsky. By August struction of justice when you cast your William Jefferson Clinton and by no 17, few people doubted that he had an votes. one else. President Clinton’s actions, affair with her. There was little left to Mr. CANNON. and his actions alone, have caused the hide. And he lied after practically ev- THE JOURNAL national agenda for the past year to be eryone who was asked—including many The CHIEF JUSTICE. The Chair rec- almost exclusively concentrated on of you—advised the President to tell ognizes Mr. Manager CANNON. If you those actions and what consequences the truth to the grand jury. And still will wait a moment, Mr. Manager CAN- the President, and the President alone, he lied. NON. If there is no objection, the Jour- must suffer for them. We have heard a litany of excuses, in- nal of the proceedings of the trial are This trial is not about the Presi- cluding the President saying he was approved to date. Please go ahead. dent’s affair with Monica Lewinsky. It not paying a great deal of attention Mr. Manager CANNON. Mr. Chief is about the perjury and obstruction of and that he was trying to figure out Justice, counsel to the President, justice he committed during the course what the facts were, and that he need- Members of the Senate, my name is of the civil rights lawsuit filed against ed to know whether his recollection CHRISTOPHER B. CANNON, and I rep- him, and the subsequent independent was right, and that he had not done resent over 600,000 people in the Third counsel investigation authorized by At- anything wrong. And on and on. The District of Utah. torney General Janet Reno. President knew what had happened. If I want to begin with a couple of The President has repeatedly apolo- Monica Lewinsky came on to him and thank-you’s. First, I thank you Sen- gized for his affair, but he has never, made a sexual demand upon him and he ators for your attention during this se- never apologized for the consequences rebuffed her, as he told Sidney ries of presentations. I know that you of the perjury and obstruction of jus- Blumenthal, he would have nothing to all have deep conflicts over the matter tice he has committed. Perhaps those apologize for. before you. Some of you have made decisions were based upon a Dick Mor- Senators, don’t be fooled by the strong and public statements about it. ris public opinion poll which told the President’s excuses and spin control. But you have all paid extraordinary at- President that the American people The facts and the evidence clearly tention, and for that I thank you. I also thank the other members of would forgive his adultery but not his show that he knew what he was doing the management team. It has been a perjury. Perhaps it was for another was to deceive everyone, including the remarkable experience to have been as- reason. Whatever the White House’s grand jury. He and his defenders are sociated with them during the last 5 motivations were, the fact remains still in denial. They will not accept the months—almost as good, I might say, consequences of his repeated and crimi- that the President’s apologies and the as it would have been to have been nal attempts to defeat the judicial statements of his surrogate home with my wife, children, and our process. His lies to the grand jury were contritionists have been carefully new baby. crafted for the President to continue to not to protect his family or the dignity If I might, I want to share with you evade and, yes, avoid responsibility for of his office but to protect himself a recent family experience. I have been his deceiving the courts to prevent from criminal liability for his perjury home just about a little over a day out them from for administering justice. and obstruction of justice in the Jones of the last 3 weeks. It took my 10- Because the President’s actions to case. month-old baby a little while to warm obstruct justice are so egregious and Over 9 years ago, the Senate removed up to me when I was home last. Later, repeated, many have ignored his grand Judge Walter Nixon from office for as I started packing, she realized I was jury perjury, charges before you in ar- about the same offense—lying under leaving again and she insisted that I ticle I. I wish to point out four glaring oath to the grand jury. The vote in the hold her. I think she felt that if she examples of William Jefferson Clin- Senate was 89–8 in favor of Judge Nix- held on, I wouldn’t disappear. Unfortu- ton’s perjurious, false and misleading on’s removal, with 48 current Senators nately, she fell asleep during the trip statements to the grand jury and not and Vice President GORE voting guilty. to the airport. I know that the other at the civil deposition in the Paula To boot a Federal judge from office managers have had similar disruptions Jones case. while keeping a President in power in their families. For instance, First, the President lied under oath after the President committed the CHARLES CANADY’s wife had a baby dur- to the grand jury when he falsely testi- same offense sets a double standard ing the trial. fied about his attorneys’ use of a false and lowers the standard of what the I, therefore, thank my wife and chil- affidavit at his deposition. Second, he American people should expect from dren, and the wives and children of all lied under oath to the grand jury about the leader of their country. To con- of the managers for their forbearance his conversations with Betty Currie. clude that the standard of Presidential and support during this process. Like Third, he lied under oath to the grand truthfulness is lower than that of a us, they believe in the obligation we jury about what he told his aides about Federal judge is absurd. To conclude have to assure good government. I his relationship with Ms. Lewinsky, that perjury and obstruction of justice might say that, like us, they are grate- knowing that those aides would be are acceptable if committed by a popu- ful that the managers’ role is ending. called to testify to the grand jury. lar President during times of peace and For the managers, this process is al- Fourth, he lied under oath to the grand prosperity sets a dangerous precedent most done. I hope that history will jury when he testified about the nature which sets America on the road back to judge that we have done our duty well. of his relationship with Ms. Lewinsky. an imperial Presidency above the law. We have been congratulated and con- An ordinary citizen who lies under To justify the President’s criminal demned. But we are done. oath four times to a grand jury is sub- behavior by demonizing those who seek And while our difficult role is ending, ject to substantial time in a Federal to hold him accountable ignores the yours is just beginning. While I’m cer- prison. The decision each Senator must fact that President Clinton’s actions, tain that sitting here silently has been make with respect to article I is and those actions alone, precipitated difficult, the truly daunting task be- whether the President is to pay a price the investigations which have brought fore you now is to conclude this trial February 8, 1999 CONGRESSIONAL RECORD — SENATE S1339 with some sense of legitimacy. For We had a limited number of witnesses, 1. That the President committed per- America is deeply divided, and the end limited to video taped appearances, jury when he lied under oath. result of an impeachment trial was de- limited to fit an arbitrary three hour 2. The Senate has historically im- signed by the founding fathers to salve rule. That time was lessened because peached judges for perjury—even re- those wounds. Traditionally, after an we had to reserve time for rebuttal. cently by some of you assembled here. airing of the facts and a vote by the According to judicial traditions, de- 3. Any American watching these pro- Senate, either a President is removed fendants have to challenge each wit- ceedings who commits perjury would or he is vindicated. In this case, it ness as they appear, not wrap the also be punished by the law. seems, neither of those results may be credibility of all in one wide ranging 4. If the Senate follows our Nation’s realized. While the facts are clear that response. In these proceedings, the precedents of punishing perjurers, and the President committed perjury and Senate has not had the opportunity to if the Senate follows its own prece- obstruction of justice, it is equally assess the credibility of witnesses as dents of convicting perjurers, then clear that this body may not remove the case developed. The White House there is only one clear conclusion in him from office. And from this percep- then used its time with long video por- this matter: conviction. tion, you face the challenge of legiti- tions and small cutting accusations. Senators, we as Americans and legis- mizing the end result. Your vote will Who knows what the White House lators have never supported a legal sys- end this matter. It is nonjusticiable. might have done if it had been able, or tem which has one set of laws for the found it necessary, to challenge wit- Whatever your decision is, it cannot be ruler, and another for the ruled. After nesses as they testified? undone. The outcome will be right by all, our very own pledge of allegiance Another diversion from judicial and binds us together with the language of definition. But how well you do the Senate trial precedent was that the ‘‘liberty and justice for all.’’ If that is work of divining that outcome will af- only rebuttal for the managers was the case, if we intend to live up to the fect the way we as a nation deal with what we reserved after our video pres- oaths and pledges we take, then our the divisions among us. entation and, awkwardly, in the ques- very own President must be subject to To proceed in a manner that will be tioning period where important, com- trusted, and viewed as legitimate by plicated issues were cut off by artifi- the precedents our Nation’s judicial the American people, you must deal cial time limits, while peripheral system and this Senate body have here- with the differences between this pro- issues got more time than they de- tofore set. ceeding and prior impeachment trials. served. This questioning period had the Because I love this country and its You must do this with an obvious com- unfortunate side effect of focusing the institutions, I pray for inspiration for mitment to your oath to do justice im- public on the partisanship of the Sen- each of you as you seek the proper, le- partially according to the Constitution ate. gitimate outcome. May God bless you and the law. The law includes the rules The problem of the newness of the in the process. and precedents of the Senate. presentation format was exacerbated Thank you. Senate resolution 16 made this proc- by our new media environment. The The CHIEF JUSTICE. The Chair rec- ess different from all of the preceding Internet with its immediate and often ognizes Mr. Manager Gekas. 13 Senate trials on impeachment, prin- unvetted content, and cable television Mr. Manager GEKAS. Mr. Chief Jus- cipally by removing from the managers with its perpetual talking heads, gave tice, colleagues on each side of the po- the right to present our case as we see equal time and equivalency of weight dium, Members of the Senate, if I were fit. I suspect that the lewd subject to the managers and the White House, to take some time to thank the Chief matter and the partisan fight in the with no witness testimony to constrain Justice for his patience in all this, House may have influenced your deci- them. The process gave rise to the per- would that be counted against my sion. ception that the ‘‘fix was in,’’ leaving time? But there is an integrity to the his- some to gloat at having scammed the The CHIEF JUSTICE. Yes. toric rules and reasons for them. For situation, and others angry at being Mr. Manager GEKAS. Then I will instance, the Senate by nature will be unheard. send you a note. (Laughter.) divided in the impeachment proceed- And that is the context within which We do offer our thanks to the Chief ings while the managers are united. It the Senate must now find a legitimate Justice. is therefore easier for the managers to outcome. Given the wide-ranging dis- I come from Pennsylvania, and the decide on how to present their case cussions of options, it is clear this is no people in my district, in the entire than for the Senate. easy task. Will it be: State, and the people in their 49 breth- There are other differences in this Adjournment with condemnation? ren States across the Nation recognize proceeding from historic impeachment Findings of fact about the Presi- that there is really only one issue, with practice before the Senate. May I list dent’s behavior? all the fury and the tumult and the the changes for you with the intent to A bifurcated vote to show agreement shouting and the invective, the lan- help you focus on the goal of a conclu- with the articles of impeachment but guage, and just the plain shouting that sion that we, the people, will feel is le- not removing the President? has occurred across the Halls of Con- A simple up or down on the articles gitimate. gress and every place else in the coun- of impeachment? Senate resolution 16 called for a 24 try. Or a vote for acquittal followed by hour presentation or ‘‘trial,’’ that It all swoops down the telescope to censure? mainly consisted of what the public I don’t know which, if any, of these one issue: Did the President utter saw as the yammering of lawyers. Time options really makes sense. And I don’t falsehoods under oath? Everyone un- was equally divided rather than know of any other options. I do know derstands that. Everyone comes to the sequenced as it is in a trial where open- that the issue is grave, and that your conclusion that that is a serious alle- ing statements are made and then evi- responsibility is great. gation that has been made through the dence is put on through witnesses. In a So I am here today to ask you to set impeachment, and one which you must trial, each side typically takes the aside some natural inclinations for the judge in the final vote that you will be time necessary to establish its case or good of the country. casting. undermine the witness through cross I would implore you, Senators, both But why is it important about wheth- examination. After the moving party Republican and Democrat, to set aside er or not the President uttered the has made its case, the responding party partisanship, politics, polls, and per- falsehoods under oath? It is important makes it case. Time is dictated only by sonalities and exchange them for not just to constitute the basis of per- what each side feels it needs. Each wit- loftier inclinations—those of ‘‘proce- jury, as is alleged, and/or obstruction ness is subject to whatever cross exam- dure,’’ ‘‘policy,’’ and ‘‘precedents.’’ of justice, which is alleged, but even if ination is appropriate. The case devel- These are the only guidelines this body those two were not proved in all their ops tested piece by tested piece, and ul- should have. elements as crimes, you would still timately one side prevails. As the Senate deliberates this case I have to consider a falsehood under oath Here, the managers had to cut very would ask that a few key facts never be as constituting an impeachable offense. important portions of our limited case. forgotten: I say that advisedly. S1340 CONGRESSIONAL RECORD — SENATE February 8, 1999 It starts—my contention does—with Lewinsky—and the President under porters of the President as showing the assertions of our esteemed col- oath said ‘‘No’’ or ‘‘None.’’ The record why you should vote to acquit. The leagues who represent the President. will show for sure exactly what he said. polls, the polls, the polls. Time after time, and in their briefs and But he denied that any gifts were I now call the American people’s poll in their statements on and off the transferred from, or any documents, or on whether or not they believe that the floor, they have stated you need not any items of personalty, from President committed falsehoods under have a criminal offense for it to con- Lewinsky to the President. oath—80 percent of the American peo- stitute an impeachable offense. They I submit to you that if you are con- ple—I call them to my side here at the provided examples of that. They said fused about that, because of the great podium to verify to you that the Presi- that all you have to demonstrate is presentation made by the counsel for dent committed falsehoods under oath. that an impeachable offense is one that the President about the murkiness and The CHIEF JUSTICE. The Chair rec- rocks against the integrity of the sys- cloudiness of the Jones deposition, the ognizes Mr. Manager CHABOT. tem of government. I am paraphrasing, maddening consequences of the Presi- Mr. Manager CHABOT. Thank you. I of course. dent’s testimony— ‘‘maddening,’’ they am STEVE CHABOT. I represent the First I submit—and I feel this so strongly said—then you can refer back to Janu- District of Ohio, which is Cincinnati. that it bothers me that I can’t make it ary 15 before the deposition, and De- This week we will likely finally con- clude this trial. Has it been difficult? clear—that to violate the oath as a cember 23, and find proof positive in Yes. Would we all have preferred that witness in a civil case, or a criminal the documents already a part of the none of this ever happened? Of course. case, in the Jones matter, or in the case that you have to decide that, in- But the President has put our Nation grand jury, smashes against the integ- deed, a pattern of falsehoods under through a terrible ordeal, and it has rity of our system of government. oath was initiated and conducted by been our duty to pursue this case to its There are sundry reasons for that. the President of the United States. In this case, if you follow the logic conclusion. That is very important. Those allega- Despite the dire warnings, scare tac- and the extreme intellectual presen- tions, by the way, have gone com- tics and heavy-handed threats by those tation made by White House counsel pletely uncontradicted by the Presi- who would circumvent the solemn con- that refutes every item that—or at- dent of the United States. stitutional process that we are all en- tempts to refute, not refutes—attempts I think they took great delight— gaged in, our great country has sur- to refute every item asserted by the these colleagues of mine on behalf of vived. We have finished this trial in managers, if you believe all of that and the President—great delight in say- just a few weeks. The economy contin- are confused or in doubt about the ing—at one point they put the marquee ues to be strong, and the Nation’s busi- Jones case and whether lies under oath in the sky, that in so many different ness is getting done. were committed, or at the grand jury, ways when Monica Lewinsky said, ‘‘No- But, Senators, before you turn out you must think about this. This is, to body told me to lie,’’ that was the case the lights and head home, you must me, proof positive that the President for them. What a case they made. ‘‘No- make one final decision. It is a decision uttered falsehoods under oath in all of body told me to lie.’’ They won the that should not be influenced by party his public stances. case right then and there in their affiliation or by politics or by personal On December 23, the President, under minds, because that was exculpatory ties. It is a decision that should be oath, answered interrogatories that and that was brandishing in this case guided by our Constitution, by our were sent to him by the court in the once and for all, Monica said, ‘‘Nobody laws, and by your own moral compass. Jones case in which he said, in answer told me to lie.’’ A few months ago I stood here in to the question, Have you ever had sex- I am going to take some liberties your shoes, as did all the colleagues ual relations with anyone in a subordi- with the Latin that I learned in school, here, and the colleagues in the House, nate role while you were Governor of and we all learned in college and law preparing to make what would likely Arkansas, or President of the United school, ‘‘falsum in unum is falsum in be the most important vote of our ca- States?—this is important. At that toto,’’ meaning if you say something reers. Throughout the process, I did my time—and the record will disclose all false in one phase of your testimony, best to be fair, to keep an open mind. of this—at that time, there was no defi- more than likely the triors of fact can I listened carefully to the views of my nition in front of him, no gaggle of at- find that you were false in all of them. constituents, the people who sent me torneys trying to dispute what word Well, I am going to change that. I to Congress. I reviewed the evidence in meant what, no judge there to inter- think I am right when I say that ‘‘veri- excruciating detail. Ultimately, for pose the legal standard that should be tas in unum is veritas in toto.’’ So me, the choice was clear. I came to the employed, but rather the boldfaced, when Monica Lewinsky says, ‘‘Nobody conclusion that it was my duty to sup- naked phrase of ‘‘sexual relations’’ told me to lie,’’ and that is the indomi- port impeachment. Now it is your turn that everyone in the whole world un- table, indestructible truth that the to cast what could be the most impor- derstands to be what it is—and the White House counsel say, that is the tant vote of your political careers. The President answered under oath case, then it also must be ‘‘veritas in question is, Will moral fortitude or po- ‘‘None.’’ toto,’’ because when she said that she litical expediency rule the day? I submit to the Members of the Sen- gave gifts to the President, then you This past weekend, I had the oppor- ate, if the answer then, December 23, must accept that ‘‘veritas in unum is tunity to spend a couple hours at my before ever stepping foot in the deposi- veritas in toto.’’ college alma mater, William and Mary, tion of the Paula Jones case, if he That goes on and on and on. not too far from here, down in Wil- never appeared there, or whatever he Somebody is waving, ‘‘Cut this liamsburg, VA. As I walked around the said there was so clouded you can’t short.’’ (Laughter.) campus, I could not help but think draw a conclusion, certainly you can It is very tough for me to do that, back to my college days and what mo- refer back to December 23 and see a but I will comply. tivated me to seek public office in the starting point of a pattern of conduct I have a witness. I call a witness to first place. on the part of the President that bolster my part of this summation. The Back in 1972, I was a 19-year-old col- proves beyond all doubt that he com- witness is the American people. lege student casting my first ballot in mitted a pattern and actual falsehoods Mr. Craig, in his last appearance on a Presidential election. Like a major- under oath time and time again. this podium, was delighted to be able ity of Americans that year, I voted for If that is not enough, on January 15, to quote a poll that showed that 75 per- a Republican, Richard Nixon, for Presi- as the record will disclose, he answered cent of the people of our country felt dent. Four years later, however, I under oath requests for documents in that there was no need to present vid- voted for a Democrat, Jimmy Carter. which the question is asked under eotapes to the Senate in the trial—75 This decision stemmed from my pro- oath, to which the President re- percent, he said with great gusto, of found disappointment over Watergate sponded, Have you ever received any the American people. and a strong conviction that President gifts or documents from—and it men- Of course the polls of all types were Nixon should not have received immu- tioned among others Monica quoted time and time again by the sup- nity for his actions. February 8, 1999 CONGRESSIONAL RECORD — SENATE S1341 Now, just as in college, I find myself cency matter greatly is very important, es- to treat the office with respect. In the extremely troubled by the actions of a pecially in the highest office of the land. past, when those kids asked me that President. In fact, as I started to think Like most of you, I have spent count- question, they asked me that question about what I would say to you today, I less hours at grocery stores, shopping out of pride and respect. They looked wasn’t sure how to begin. How exactly malls, in schools, in my church talking up to the office. They looked up to ev- do you wrap up in 10 minutes or less ev- to my constituents. I have also read erything the office represents. Bill erything we have witnessed in the last thousands of letters that have been Clinton has let our children down, and year? We have seen ’s fin- sent to my office, just as we all have. that is one of the greatest things that ger-waving denial to the American peo- What I have heard and read doesn’t bothers me. It is the effect this will ple. We have seen the President lie be- surprise me. People in Cincinnati, OH, have on the children of this Nation. fore a Federal grand jury. We have seen have a variety of views on what the ul- Let me conclude with a statement the President obstruct justice. We have timate verdict should be by this body. that I received from a student, Juliette seen the President hold a public cele- Many want the President removed Asuncion, who is a student at Mother bration immediately following the from office. Others want a censure. Mercy High School, who wrote to me House impeachment vote. We all know Still others would just like to see the recently: the President’s behavior has been rep- process end. But regardless of their I am writing to express my feelings on the rehensible. views, they are honorable people who scandalous situation that has taken over the President Clinton, however, refuses care about our country and our future. White House for the past couple of months. to admit what all of us know is true. Now, I know that throughout the First, I would like to state the qualities that To this day, he continues to deny and should be found in the President of the process some of the President’s more United States. Since the President is the of- distort; he continues to dispute the un- partisan defenders have harshly criti- ficial representative of the United States, he deniable facts that are before the Sen- cized the managers, the House of Rep- should uphold the values and ideals held by ate and before the American people. resentatives, and anyone who would the people of this country. The President The President’s attorneys have done dare believe the President committed should be honest and a trustworthy person. their best to disguise the truth as well. any crimes. These partisan attacks He should be a good decision maker, have At the beginning of this trial, I pre- have been unfortunate because I think good morals and have his priorities straight. He should devote his time to the country and dicted in my presentation that they we all know that these issues are seri- would use legal smokescreens to mask set a good example for the people of this Na- ous and that they deserve serious con- tion. I feel that President Clinton does not the law and the facts. To their credit, sideration. I know it, the American measure up to these standards. He’s lied to they produced smoke so thick that it people know it, and I think you all the American people; he’s committed per- continues to cloud this debate. But if know it, too. But despite the partisan jury. For someone in his position, this is an you look through the smoke and the rhetoric of the attacks, I believe that unforgivable act, and he should not be al- mirrors employed by these very able once this trial ends, we must work to- lowed to just walk away without a punish- ment. He has shown that he feels he can go lawyers, you will see the truth. The gether. truth is that President Clinton lied to above the law, and I strongly believe the So I would ask everyone here today President should be impeached. a Federal grand jury. He lied about to make a commitment, a commitment whether or not he had committed per- I conclude by telling you, when you to every American, that regardless of cast your vote, you remember that by jury in a civil deposition, about the ex- the trial’s outcome, we will join to- your vote you are determining the les- tent of his relationship with a subordi- gether to turn the page on this unfor- son that Julia, your children and nate Federal employee, about his tunate chapter that President Clinton grandchildren will learn. So how will coaching of his secretary, Betty Currie, has written into our Nation’s history. this chapter end? The decision is yours. and about the countless other matters. The question before you now is: How I now yield to the gentleman from In my opening statement before this will this chapter end? Will the final Georgia, ROBERT BARR. body, I outlined the four elements of chapter say that the U.S. Senate The CHIEF JUSTICE. The Chair rec- perjury: An oath, intent, falsity, mate- turned its back on perjury and obstruc- ognizes Mr. Manager BARR. riality. In this case, all those elements tion of justice by a President of the Mr. Manager BARR. Thank you, Mr. have been met. United States, or will it say that the Chief Justice. President Clinton also obstructed Senate took a principled stand and told Distinguished and worthy adversarial justice and encouraged others to lie in the world that no person, not even the counsel for the President, including my judicial proceedings. He sought to in- President, stands above the law; that good friend and former Georgetown law fluence the testimony of a potentially all Americans, no matter how rich, professor, Charles Ruff, gentlemen and adverse witness with job assistance, how powerful, or how well connected, ladies of the Senate, my name is BOB and he attempted to conceal evidence are accountable for their actions, even BARR. I represent the Seventh District that was under subpoena. the President. of Georgia, but in a broader sense I rep- These truths cannot be ignored, dis- As the father of two children and a resent the country because I have been torted, or swept under the rug. Some of former schoolteacher myself at an directed, as every one of the other 12 the President’s partisan defenders want inner-city school in Cincinnati, I be- managers of the House has been di- you to do just that. But it would be lieve it is very important that we teach rected by the American people, by a wrong. It would be wrong for you to our children that honesty, integrity, majority vote of the House of Rep- send the message to every American and the rule of law do matter. resentatives, to urge you to review the that it is acceptable to lie under oath While I am in Cincinnati, I spend a evidence and issue a verdict of convic- and obstruct justice. It would be wrong lot of time visiting schools throughout tion on the two articles of impeach- for you to tell America’s children that my community. I taught the seventh ment passed by the House of Rep- some lies are all right. It would be and eighth grades back in Cincinnati. resentatives. wrong to show the rest of the world When I go there, I go to elementary Two days ago, all of us celebrated the that some of our laws don’t really mat- schools, I go to junior highs, I go to birthday of former President Ronald ter. high schools; and I have been doing Reagan. During his first year in office, I must agree with Phyllis and Jack this for a number of years. Do you on May 17th, 1981, this president, Stanley, constituents of mine who live know what is inevitably one of the known for giving voice to America’s in my district, who wrote me a letter questions that the kids will ask me al- best and most decent instincts, spoke saying, and I quote: most every time? It is, ‘‘Have you ever to the American people from Notre We believe that President Bill Clinton met the President of the United Dame University. Though spoken near- should definitely be impeached for the sake States?’’ ly 18 years ago, and clearly not in con- of the country. If he is not impeached, will Now, why do kids ask that question? not the rule of law in this country be weak- templation of an impeachment, the ened? We do not feel glee over the prospect of Because our kids understand how im- former President’s words provide guid- President Clinton’s impeachment, however. portant the Office of the Presidency is. ance for you here today. For the sake of coming generations, ac- The person who occupies that office It was that date that President knowledging that integrity, honor and de- owes it to the children of this Nation Reagan spoke of a certain principle; S1342 CONGRESSIONAL RECORD — SENATE February 8, 1999 and in so doing, he quoted another What stands today, as it has through- add to that list of statesmen my fellow giant of the 20th century, Winston out these proceedings, are facts—a Georgians and your former colleague, Churchill. Specifically, President false affidavit that benefits the Presi- Sam Nunn, whose concern for duty and Reagan spoke of those who derided dent, the coaching of witnesses by the our Nation’s security caused him re- simple, straight-forward answers to the President, the secreting of subpoenaed cently on CNN to raise grave concerns problems confronting our country; evidence that would have harmed the over our Nation’s security because of those who decried clarity and certainty President, lies under oath by the Presi- the reckless conduct of this President. of principle, in favor of vagueness and dent. These reflect President Clinton’s Will the principles embodied in our relativism. He said: behavior; President Clinton’s inten- Constitution and our laws be re- They say the world has become too com- tions; President Clinton’s actions; and affirmed; wrested from the pallid hands plex for simple answers. They are wrong. President Clinton’s benefit. Not of pollsters and pundits, and from the There are no easy answers, but there are through the eyes of false theories; but swarm of theorists surrounding these simple answers. We must have the courage to by the evidence through the lens of proceedings? Will they be taken up by do what is morally right. Winston Churchill common sense. you, and placed squarely and firmly said that, ‘‘the destiny of man is not meas- You’ve heard tapes, and read volumes ured by material computation. When great back in the hands of Thomas Jefferson, forces are on the move in the world, we learn of evidence. Not pursuant to the proc- Alexander Hamilton, James Madison, we are spirits—not animals.’’ And he said, ess we as House Managers would have George Washington, Abraham Lincoln, ‘‘there is something going on in time and preferred, but much evidence nonethe- Martin Luther King, Jr., and so many space, and beyond time and space, which, less, has been presented. other true statesmen of America’s her- whether we like it or not, spells duty.’’ Many are saying, with a degree of itage? Principles that have stricken Duty. A clear, simple concept. A certainty that usually comes only from down bigotry, tyrants, and dema- foundational principle. ignorance, that there’s nothing I or gogues; principles that, through open Your duty is clearly set forth in your any of us can say to you today, on the and fair trials, have saved the innocent oath; your oath to do impartial justice eve of your deliberations, to sway your from the hangman’s noose; and like- according to the Constitution and the minds. I beg to differ with them. More- wise have sent the guilty, clothed in law. over, we have been directed by the peo- due process, to then ether regions. In the past month, you have heard ple of this country, by a majority vote It is principle, found and nurtured in much about the Constitution; and of the House of Representatives, to ful- our Constitution and our laws, that about the law. Probably more than fill and reaffirm a constitutional proc- you are now called on to both use and you’d prefer; in a dizzying recitation of ess, and to present evidence to you, and reaffirm. the U.S. Criminal Code: 18 U.S.C. 1503. argue to you. Not only America is watching, the 18 U.S.C. 1505. 18 U.S.C. 1512. 18 U.S.C. There is much, in urging a vote for world is, too. And, for those who say 1621. 18 U.S.C. 1623. Tampering. Per- conviction, that can be gained by turn- people from foreign lands look down on jury. Obstruction. That is a lot to di- ing to, and keeping in mind, President this process and deride this process, I gest, but these are real laws and they Reagan’s words to America, to do duty: say, ‘‘not so.’’ are applicable to these proceedings and Duty unclouded by relativism, Let me speak briefly of a man not to this President. Evidence and law, unmarred by artificiality. Duty that born in this country, but a man who you have seen it and you have heard it. lives on after your vote—just as Amer- has made this his country. A man born You’ve also seen and heard about ica will live on and prosper after a vote not in Atlanta, Georgia, though At- straw men raised up by the White to convict. Duty untainted by polls. lanta is now his home. A man born House lawyers, and then stricken down The country’s fascination with polls many thousands of miles away, in Eri- mightily. You’ve heard them essen- has wormed its way even into these trea. A man to who President Reagan tially describe the President alter- proceedings when, just a few days ago, surely was in a sense speaking, both in nately as victim or saint. You’ve heard we heard one of the White House law- 1981 when he spoke of America’s eter- even his staunchest allies describe his yers cite polls as a reason not to re- nal sense of duty, and in January 1985, conduct as ‘‘reprehensible.’’ Even some lease the videotapes. when he spoke of the ‘‘American of you, on the President’s side of the Polls played no role in the great deci- sound’’ that echoes still through the aisle, have concluded, ‘‘there’s no ques- sions, decisive decisions that make ages and the continents. tion about his having given false testi- America a nation and kept it a free and The man whose words I quote is a mony under oath and he did that more strong nation. Polls likewise played no man who watches this process through than once.’’ role in the great trials of our nation’s the eyes of an immigrant, Mr. Seyoum There has also been much smoke history that opened schools equally to Tesfaye. I have never met Mr. Tesfaye, churned up by the defense. all of America’s children, or that pro- but I have read his works. He wrote, in Men and women of the Senate, vided due process and equal protection the Atlanta Journal and Constitution, Monica Lewinsky is not on trial. Her of the laws for all Americans, regard- just 3 days ago, on February 5th, that conduct and her intentions are not at less of economic might or political this impeachment process ‘‘is an exam- issue here. Vernon Jordan is not on power. ple of America at its best . . . a core trial and his conduct and his intentions Yet, it is in many respects polls that constitutional principle that pro- are not at issue here. William Jefferson threaten to become the currency of po- foundly distinguishes America from al- Clinton is on trial here. His behavior, litical discourse and even of judicial most all other nations.’’ He noted with- his intentions, his actions—these and process as we near to enter the 21st out hyperbole, that this process, far only these are the issues here. When century. from being the sorry spectacle that the White House lawyers raise up as a Your duty, which I know you recog- many of the President’s defenders have straw man that Vernon Jordan may nize today, is and must be based not on tried to make it, truly ‘‘is a hallmark have had no improper motive in seek- polls or politics, but on law and the of representative democracy,’’ re- ing a job for Ms. Lewinsky; or that Constitution. In other words, principle. affirming the principle that ‘‘no man is there was no formal ‘‘conspiracy’’ What you decide in this case, the above the law—not even the Presi- proved between the President and Ver- case now before you, will tell America dent.’’ non Jordan; or that Ms. Lewinsky says and the world what it is we have, as a These are not the words of the House she did not draw a direct link between foundation for our Nation, not just Managers; though they echo ours. the President’s raising the issue of a today, but for ages to come. It will tell These are not the words of a partisan. false affidavit and the cover stories, us and this Nation weather these seats These are the words of an immigrant. keep in mind, these are irrelevant here today will continue to be filled by A man who came to America to study, issues. When the White House lawyers true statesmen. Whether these seats and has stayed to work and pay taxes strike these theories down, even if you will continue to echo with the booming just as millions of us do every day. were to conclude they did, they are principles, eloquence and sense of duty Men and women of the United States striking down nothing more than irrel- of , John Calhound, Senate, you must, by affirming your evant straw men. Everett Dirksen, ROBERT BYRD. I would duty to render impartial justice based February 8, 1999 CONGRESSIONAL RECORD — SENATE S1343 on the Constitution and the law, reaf- give reverence to the Senate prece- So long as William Jefferson Clinton firm those same laws and that very dents while defending the Constitution. is President, the only mechanism to same Constitution, which drew Mr. But I submit, it is the integrity of your hold him accountable for his high Tesfaye and countless millions of other oath in which you must regulate to up- crimes and misdemeanors is the power immigrants to our shores over the hold the principle of equal justice of impeachment and removal. The Con- ages. This is not a comfortable task for under the law. stitution is very clear. You cannot vin- any of us. But, as Martin Luther King, During the question-and-answer dicate the rule of law by stating high Jr., correctly noted, in words that phase with the Chief Justice on Satur- crimes and misdemeanors have oc- hangs on my office wall, and perhaps day, January 23, I stood in the well of curred, but leave the President in of- on some of yours, it is not in ‘‘times of the Senate and recommended that you fice subject to future prosecution after comfort and convenience’’ that we find vote on findings of fact. I want to clear his term is expired. the measure of a man’s character, but the record of my intent of the rec- Without respect for the law, the in times of ‘‘conflict and controversy.’’ ommendation. It has been grossly dis- foundation of our Constitution is not This is such a defining time. torted. secure. Without respect for the law, Obstruction of justice and perjury It is not to establish the guilt, as our freedom is at risk. must not be allowed to stand. Perjury some have alleged. A finding of fact is The President is answerable for his and obstruction cannot stand alongside not a finding of fiction. On the con- alleged crimes to the Senate here and the law and the Constitution. trary, it is to prevent decisions by now. By your oath, you must, like it or triers of fact from basing their judg- Moreover, if criminal prosecution not, choose one over the other, up or ment on fiction or chance or politics. and not impeachment is the way to down, guilt or acquittal. I respectfully The Chief Justice ruled that you are vindicate the rule of law, then the Sen- submit on behalf of the House of Rep- triers of fact, and since this constitu- ate would never have removed other resentatives and on behalf of my con- tional proceeding of impeachment is civil officers such as Federal judges, stituents in the Seventh District of more like a civil proceeding than a who are not insulated from criminal Georgia that the evidence clearly es- criminal trial, I bring to your atten- prosecution while holding office. tablishes guilt and that the Constitu- tion rule 52 of the Federal Rules of Thus, in providing for criminal pun- tion and laws of this land demand it. Civil Procedure that provides, in perti- ishment after conviction and removal I thank the Members of the Senate nent part, that when a judge sits alone from office, it was the framers who in- and yield to Mr. Manager BUYER. as a trier of fact, he or she is required sured that the rule of law would be vin- The CHIEF JUSTICE. The Chair rec- to set down in precise words the facts dicated both in cleansing the office and ognizes Mr. Manager BUYER. as he or she finds them. This require- in punishing the individual for the Mr. Manager BUYER. Thank you, ment is mandatory and cannot be criminal act. Mr. Chief Justice. waived by the parties of Federal prac- I have asked myself many times how Mr. Chief Justice, distinguished tice. allowing a President to remain in of- counsel and Senators, my name is A memorandum of findings of fact is fice while having committed perjury not a radical concept to American ju- STEVE BUYER, House manager, from and obstruction of justice is fair to Monticello, IN. I represent 20 counties risprudence. It is customary and habit- those across the country who are sit- between South Bend and Indianapolis. I ually used in State and Federal courts ting in jail for having committed the all across this land. Since you sit col- will not try to claim the cornerstone of same crimes. I have had the fairness lectively as a Court of Impeachment, Hoosier common sense. Mr. Kendall argument thrown into my face consist- as the triers of fact, I recommended the would wrestle me for that cornerstone. ently. findings of fact to guarantee that you But as a former criminal defense attor- Fairness is important. Fairness is have carefully reviewed the evidence ney, I want to take a moment and com- something that is simple in its nature and have a rational basis for your final pliment the White House counsel and and is powerful in the statement that judgment. Mr. Kendall for doing your best to de- To claim that findings of fact is un- it makes. A statement which you send fend your client in the face of over- constitutional is false. The Supreme carries us into tomorrow and becomes whelming facts and compelling evi- Court has consistently permitted the our future legacy. dence. (Laughter.) Senate to shape the contours and the If you vote to acquit, think for a mo- Your role here—a side comment due process of an impeachment trial. ment about what you would say to here—your role here is much easier, The Senate owes the American peo- those who have been convicted of the though, in a Court of Impeachment as ple and history an accounting of the same crimes as the President. opposed to a criminal court of law. stubborn facts. What would you say to the 182 Ameri- As a former Federal prosecutor, I I would like to comment on some cans who were sentenced in Federal compliment Chairman and statements. court in 1997 for committing perjury? my colleagues, the House managers, I have heard some Senators state What would you say to the 144 Ameri- who have embraced and given life publicly that they are using the stand- cans who were sentenced in Federal meaning of the rule of law and pre- ard of beyond a reasonable doubt. But court in 1997 for obstruction of justice sented this case to the Senate in a pro- the Senate has held consistently that and witness tampering? fessional, thorough, and dignified man- the criminal standard of proof is inap- Would you attempt to trivialize the ner. propriate for impeachment trials. The evidence and say, ‘‘This case was only I assure you, the House managers result of conviction in an impeachment about lying about sex’’? would not have prosecuted the articles trial is removal from office; it is not I want to cite the testimony before of impeachment before the bar of the meant to punish. You are to be guided the House Judiciary Committee of one Senate had we not had the highest de- by your own conscience, not by the woman who experienced the judicial gree of faith, belief and confidence criminal standard of proof of beyond a system in the most personal sense, and that, based on the evidence, the Presi- reasonable doubt. that is the testimony of Dr. Barbara dent committed high crimes and mis- I have also heard some Senators from Battalino. I think it is compelling. demeanors which warrant his removal both sides of the aisle state publicly, ‘‘I She held degrees in medicine and law, from office. think these offenses rise to the level of and Manager ROGAN showed some of As you come to judgment, I rec- high crimes and misdemeanors.’’ To the testimony just the other day. You ommend you square yourself with your state publicly that you believe that see, she was prosecuted by the Clinton duty first. high crimes and misdemeanors have Justice Department and convicted for On January 7, I witnessed as the occurred, but for some reason you have obstruction of justice because of her lie Chief Justice administered your oath this desire not to remove the Presi- under oath about one act of consensual to do impartial justice according to the dent, that desire, though, does not oral sex with a patient on VA premises. Constitution and the laws. You should square with the law, the Constitution, Her untruthful response was made in a follow this prescription: Find the and the Senate’s precedents for remov- civil suit which was later dismissed. In truth, define the facts, apply the law, ing Federal judges for similar offenses. a legal proceeding, Dr. Battalino was S1344 CONGRESSIONAL RECORD — SENATE February 8, 1999 asked under oath: ‘‘Did anything of a So in light of the historic principles over again and all over again. I sexual nature take place in your office regarding impeachment, the over- thought long and hard as I thought on June 27, 1991?’’ whelming evidence to the offenses al- about what I was going to say today, Her one word reply, ‘‘No,’’ convicted leged, and the application of the Sen- and how I could be of most help to you her and forever changed her life. ate precedents, I believe it makes it as you make this momentous decision Her punishment? She was convicted very clear that our President—who has that will soon be entrusted to you. I of a felony, forced to wear an elec- shown such contempt for the law, the momentarily considered whether the tronic monitoring device, and is pres- dignity and the integrity of the office answer to that question was simply to ently on probation. She lost her license of the Presidency that was untrusted yield back my time, but I weighed that to practice medicine and her ability to to him—must be held to account; and against the special pleasure of stretch- practice law. it can only be by his removal from of- ing out our last hours with you. Our prisons hold many who are truly fice. (Laughter.) contrite, they are sorry, they feel pain The House managers reserve the re- Or as Ernie Banks would have said, for their criminal offenses, and some mainder of our time. ‘‘It’s such a nice day, let’s play two.’’ whose victims have even forgiven The CHIEF JUSTICE. Very well. (Laughter.) them, others who were very popular The Chair recognizes the White But cursed as I am with lawyerly in- citizens and had many friends and House counsel. stincts, I decided to compromise. I apologized profusely, but they were Mr. Counsel RUFF. Mr. Chief Justice, promise you as much brevity as I can still held accountable under the law. thank you. manage, even if not much wit, while Just like the President is acclaimed I wonder, Mr. Majority Leader, making a few final points that I think to be doing a good job, many in prison whether we might take a brief break you need to carry with you as you go today were doing a good job in their because there is going to need to be into your deliberations. chosen professions. None of our laws some rearrangement of furniture here. Now, you have heard the managers’ provides for good job performance, con- The CHIEF JUSTICE. The Chair rec- vision—or at least some part of it—of trition, forgiveness, or popularity polls ognizes the majority leader. the process we have been engaged in as a remedy for criminal conduct. Mr. LOTT. I was hesitant to suggest and the lessons we have learned and These were the closing lines of Dr. it too early today, Mr. Chief Justice. what it will look like at the end of our Battalino’s opening statement before (Laughter.) journey. I respect them as elected Rep- the House Judiciary Committee: RECESS resentatives of their people and as wor- We all make mistakes in life. But, common Mr. LOTT. But on the request of thy adversaries. But I believe their vi- frailty does not relieve us from our respon- sibility to uphold the Rule of Law. Regard- counsel, I ask unanimous consent we sion could be too dark, a vision too lit- less, this nation must never let any person take a 10-minute recess. And please re- tle attuned to the needs of the people, or people undermine the Rule of Law. .. . If turn quickly to the Chamber so we can too little sensitive to the needs of our liberty and justice for all does not reign, get back to business. democracy. I believe it to be a vision we—like great civilizations before us—will There being no objection, at 2:12 p.m. more focused on retribution, more de- surely perish from the face of the earth. the Senate recessed until 2:35 p.m.; signed to achieve partisan ends, more What you would say to Dr. Battalino whereupon, the Senate reassembled uncaring about the future we face to- and others similarly situated is very when called to order by the Chief Jus- gether. important because fairness is impor- tice. Our vision, I think, is quite different, tant. The CHIEF JUSTICE. The Chair rec- but it is not naive. We know the pain Alexander Hamilton, writing not ognizes Mr. White House Counsel Ruff. the President has caused our society long after the Constitution was adopt- Mr. Counsel RUFF. Thank you, Mr. and his family and his friends. But we ed, well expressed the harm that would Chief Justice. Mr. Chief Justice, man- know, too, how much the President has come to our Republic from those who, agers of the House, ladies and gentle- done for this country. And more impor- by example, undermine respect for the men of the Senate, I can’t resist begin- tantly, we know that our primary obli- law. In a statement that bears repeat- ning, following the lead of my col- gation, the duty we all have, is to pre- ing, Hamilton wrote: leagues across the well here, by telling serve that which the founders gave us, If it were to be asked, What is the most sa- you that my name is Charles Ruff and and we can best fulfill that duty by cred duty and the greatest source of security I am from the District of Columbia, carefully traveling the path that they in a Republic? The answer would be, an invi- and we don’t have a vote in the Con- laid out for us. olable respect for the Constitution and gress of the United States. (Laughter.) Now, you have heard many speeches Laws—the first growing out of the last. . . . Those, therefore, who . . . set examples, I truly did not intend to begin quite over the past few weeks about high which undermine or subvert the authority of this way, but I must. I don’t think crimes and misdemeanors. As I look the laws, lead us from freedom to slavery; there is a court in the land where a back on the arguments and the they incapacitate us from a government of prosecutor would be able to stand up counterarguments, it seems to me that laws. . . . for one-third of his allotted time, speak really very little can be gained by re- President Clinton, by his persistent in general terms about what the people peating them; for when all is said and and calculated misconduct and illegal are entitled to and what the rule of law done, what they mean is this: The acts, has set a pernicious example of stands for—as important as all of that framers chose stability. They made im- lawlessness, an example which, by its may be—and sit down and turn to the peachment and removal constitutional very nature, subverts respect for the defense counsel and ask that defense recourses of last resort. The question law. His perverse example inevitably counsel go forward, reserving 2 hours that the managers appear to have undermines the integrity of both the for rebuttal. I recognize that proce- asked—and I am unable to tell you office of the President and the judicial dural niceties have not necessarily what they will ask today—is whether process. characterized the way this trial has perjury or obstruction of justice in the You see, ladies and gentlemen, with- gone forward. But I do believe—and abstract are impeachable offenses. out choice we were all born free, and this is the only time today I will say That is not the question you must an- we inherited a legacy of liberty at this, I promise—that kind of prosecu- swer. great sacrifice by many who have come torial gambit is symptomatic of what Nor must you assume, as the man- before us. We cannot collectively as a we have seen before in these last agers appear to, that because judges free people enjoy the liberties without weeks—wanting to win too much. are removed for having committed per- measured personal restraint. And that Now, that said, let me begin where I jury, a President must be removed as is the purpose of the rule of law. It is intended to begin. We are taking the well. That is not what the rule of law the function of the courts to uphold last steps along a path that, for most requires. The rule of law and even- the dignity of that prescription and the of us, has seemed to be unending. In- handed justice is something more than God-given liberties of all of us. That is deed, some of us may have a sense that a simple syllogism. You must decide how we are able to carry this Nation we have gone well beyond ‘‘Yogi Berra whether on these facts arising out of forward in the future generations. land’’ to deja vu all over again and all these circumstances this President has February 8, 1999 CONGRESSIONAL RECORD — SENATE S1345 so endangered the state that we can no case for removal they must bring these this. I do agree with the managers. We longer countenance his remaining in articles within the very small circle of cannot lose sight of the constitutional office. offenses that the framers believed were forest for some of the analytical trees. I think in their hearts the managers truly dangerous to the state. There is only one question before do not truly disagree. Whatever they First, Blackstone: It is true that the you, albeit a difficult one, one that is a have been able to glean from the his- commentaries rate perjury as among 21 question of fact, and of law and con- torical record or more modern scholar- offenses against public justice. Nota- stitutional theory. Would it put at risk ship, they cannot in the end avoid the bly, however, Blackstone ranks the 21 the liberty of the people to retain the conclusion that removal of the Presi- in order of seriousness, or, as he puts President in office? Putting aside par- dent is not something that the framers it, ‘‘malignity.’’ No. 1 on the list, a tisan animus, if you can honestly say took lightly. Indeed, two of their own most malignant offense, is a felony that it would not, that those liberties witnesses in the Judiciary Committee, that I have to admit is unknown to are safely in his hands, then you must Professor Van Alstyne and Judge me—that of vacating records. No. 6 is vote to acquit. Wiggins, tried to make it clear to them returning from transportation, also an Each of you has a sense of this in that even if they were to find that the offense rarely seen in our modern soci- your mind and your heart better than offenses described in the independent ety. Nos. 10 and 12 are barratry, main- anything I can convey, or I suspect counsel’s referral as being committed, tenance and champerty, especially dear anything better than my colleagues another decision had to be made. That to me because they involve my profes- could convey to you. And I will not un- decision was whether in the interest of sion, but rarely viewed these days, I dertake to instruct you further on this society the President should be im- think you will agree. And, at No. 15 is issue. peached. As Professor Van Alstyne put perjury. Just as we ultimately leave that it, in words, that I admit are unflatter- If, as Madison told us, Blackstone question in your hands, we leave to the ing to my client but nonetheless makes was in the hands of every man, what conscience of each Member the ques- the point: ‘‘In my own opinion,’’ he does that tell us about why the framers tion of what standard of proof you said, ‘‘I regard what the President did, chose treason and bribery and other apply. Despite Congressman BUYER’s that which the Special Counsel report high crimes and misdemeanors as the exhortation to the contrary, this body declared, are crimes of such a low order grounds of impeachment? It tells us has never decided for any of you what standard is appropriate or what stand- that it would unduly flatter the Presi- that they fully understood that com- ard is inappropriate. Each Senator is dent by submitting him to trial in the parative gravity of offenses against public justice, and, nonetheless, chose left to his or her own best judgment. Senate, I would not bother to do it.’’ I suggested to you when I last spoke I read that statement to you, not ob- only those that truly pose that danger to you that I believe you must apply a viously because the professor and I are to the state—treason, for obvious rea- standard sufficiently stringent to en- on the same side of the political divide sons, and bribery because to them the able you to make this most important or have the same view of the Presi- risk that the executive would sell him- decision with certainty and in a man- dent’s conduct, but because it is impor- self to a foreign country, for example, was much more than mere speculation. ner that will ensure that the American tant, I think, to understand, as I fear And then other high crimes of similar people understand that it has been the managers do not, that the framers severity. made with that certainty. full well understood what they were As to the lesson to be learned from This is not an issue as to which we as doing when they drafted the impeach- the more modern day, the sentencing a people and we as a Republic can be in ment provision of the Constitution. guidelines, Manager MCCOLLUM argued doubt. They consciously chose not to make all to you a few weeks ago that those to Let me move to the articles. Just as misconduct by the President a basis for whom you have given the responsibil- you have listened patiently to our de- removal; they chose instead only that ity to assess the comparative severity bate about the meaning of ‘‘high conduct that they viewed as most seri- of crimes have concluded that perjury crimes and misdemeanors,’’ you have, ous, as most dangerous, to our system is at least as serious a crime as brib- as well, heard seemingly endless dis- of government. ery. That decision, he told you, is evi- course about the specific details of the As I said, I think in their hearts the denced by the commission’s decision to various matters that the managers al- managers recognize the force of it. But assign perjury an offense level of 12, or lege constitute grounds for removal. I they have argued to you that perjury approximately 1 year in prison, and to will strive, therefore, not to be unduly and obstruction really should be treat- bribery an offense level slightly below repetitive more than is at least abso- ed as the equivalent of treason and that. But even to the extent that such lutely necessary. bribery and the danger that they pose an argument were to be weighed in the My colleagues, last Saturday and in to our society. They have offered on constitutional balance, Manager their earlier presentations, have done this much rhetoric and a few sub- MCCOLLUM was simply not being candid my work for me, but I want to focus for stantive arguments. And I want to look with you, for he failed to explain that just a little while on those aspects of at just a few of these arguments as under these same guidelines a bribe of, the managers’ presentation that merit they were advanced in the managers’ let’s say, $75,000 taken by an elected of- your special attention or those that opening and not really addressed in- ficial, or a judge for that matter, auto- have been particularly elucidated or, stead. matically carries an offense level of 24, for that matter, beclouded by the testi- First, a historical item, that Black- or twice that of perjury, and a prison mony you heard and watched on Satur- stone in his commentary listed bribery sentence four to five times longer. day. and perjury and obstruction of justice The drafters of our guidelines, to the As we start this discussion, let me under the same heading of ‘‘offenses extent that Mr. MCCOLLUM asked you offer you a phrase that I hope you will against public justice’’; second, a mod- to look at them, full well understand remember as I move through the arti- ern statutory equivalent of that argu- the special gravity of bribes taken by cles with you. That phrase is ‘‘moving ment that under the sentencing guide- the country’s leaders, and to distin- targets and empty pots.’’ ‘‘Moving tar- lines we actually treat perjury more guish that offense from the offenses, gets,’’ ever-shifting theories, each one severely than we do bribery; and, even at best, that are before you now. advanced to replace the last as it has third—this is a theme you have heard Lastly is this system of justice argu- fallen, fallen victim to the facts. throughout these proceedings, what I ment—the notion that somehow Presi- ‘‘Empty pots,’’ attractive containers, will call the ‘‘system of justice argu- dent Clinton has undermined our civil but when you take the lid off you find ment’’—that the President’s conduct, if rights laws. Well, whatever I might say nothing to sustain them. he is not removed, will somehow sub- could not match the eloquence of my Now, I used the term, ‘‘empty ves- vert enforcement of our civil rights colleague, Ms. Mills, and, therefore, I sels,’’ in my opening presentation, but laws. will not attempt fate by venturing fur- it since struck me that that was much But all of these arguments are mere ther into that territory. too flattering and might even suggest subterfuge, offered because the man- I really do not want to become fur- that they had the capacity to float, agers knew that to make any plausible ther immersed in the minutia here. On which they don’t. S1346 CONGRESSIONAL RECORD — SENATE February 8, 1999 Article I, the first moving target. MATTHEWS. Well, another time he used a grounds that you disbelieve his testi- Now, as we have said repeatedly, we phrase with regard to this ridiculous thing mony about his own subjective belief in have been more than a little puzzled as called phone sex, he referred to it as occa- the definition of a term used in a civil to the exact nature of the charges ad- sionally or on occasion. Why do you add deposition. them in as part of the perjury indictment? vanced by the managers under the ru- Rep. ROGAN. That’s not added in as part Nothing in the evidentiary record has bric of article I, and our puzzlement of the perjury indictment in Article I. I sim- changed since the OIC referred this has only increased, I must tell you, ply raised that issue when I was addressing matter to the House 6 months ago. In- since this trial began. the Senate. deed, it is impossible to conceive what We have argued, I think with indis- * * * * * could change in the evidentiary record. putable force, that both articles are so MATTHEWS. You better get to those sen- And the managers have offered this deficient that they would not survive a ators because I think they made the mistake charge and persist in it for reasons not motion to dismiss in any court in the I did of thinking that was one of the ele- entirely clear to me, but some blind land. Now, we are not insensitive to ments in the perjury charge. faith that they must go forward, facts the claim that we are advancing some And similarly over here, although I or no. lawyer’s argument, and we are seeking have reversed the order a bit: Now, there are three other elements some technical escape, but I urge you MATTHEWS. . . . Go through what you of article I. First, the allegation that not to treat this issue so lightly. As think are the main elements in your perjury the President lied when he claimed he you look to article I, for example, ask indictment of the president, impeach- did not perjure himself in the Jones yourselves whether you can at this late ment. . . . deposition. The President, of course, moment in the trial identify for your- Rep. ROGAN. One of the things they were made no such representation in the selves with any remote sense of cer- focusing on is a point, I think, I made last grand jury. tainty the statements that the man- week when I was presenting the case for per- And the managers cannot, no matter agers claim were perjurious. jury dealing with that preliminary state- how they try, resurrect the charges of ment that the president read that just really I suspect you will hear a lot about the article, then, article II, that was so that in the 2 hours following my pres- gave the grand jury a misperception of what the president’s relationship was with Monica clearly rejected by the House of Rep- entation, but I will try to look ahead Lewinsky. Now I never said that was the resentatives. Yet, if you listen to their just a bit. basis for the perjury charge. In fact, that’s presentations over the past weeks, it Ask yourselves whether you are com- not even one of the four areas that’s alleged, becomes evident that, whether inten- fortable in this gravest of proceedings but they’re trying to pick these little dots tionally or unintentionally, they them- that when you retire to your delibera- out of the matrix and try to hang their hat selves have come to the point where tions you could ever know that the on that. . . . the President’s testimony on January constitutionally required two-thirds I have to tell you, as did Mr. Mat- 17 in the Jones deposition and August vote is present on any one charge. thews, I made the same mistake. I 17 in the grand jury are treated as Now, we have been making this argu- heard Manager ROGAN say: though they were one and the same. ment for some time and with some fre- This prepared statement he read to the Now, just a few minutes ago you quency, and so you would think that at grand jury on August 17th, 1998, was the heard Manager GEKAS talk to you least once the trial began the managers linchpin in his plan to ‘‘win.’’ about perjury, and probably 90 percent would have fixed on some definable set I heard him say: of what he talked to you about was of charges. But, no. Indeed, it struck It is obvious that the reference in the perjury in the Jones case—in the Jones me even earlier this afternoon that President’s prepared statement to the grand case. It doesn’t exist anymore. The when Manager SENSENBRENNER rose to jury that this relationship began in 1996 was House of Representatives determined speak to you, he was prepared to give intentionally false. that that was not an impeachable of- you four examples of perjury. We have I heard him say: fense. It appears to make no difference, heard a lot of examples. We haven’t The President’s statement was inten- though, that the House rejected this heard much certainty. tionally misleading when he described being charge, for the managers do continue Now, just to give you an example of alone with Ms. Lewinsky only on certain oc- to dwell on it as though somehow they how rapidly the target can move, you casions. could show the House from which they will recall that in describing the inci- And I heard him say: came that they made a mistake. dents of perjury allegedly committed Only last Saturday, Manager GRAHAM by the President, the managers made The President’s statement was inten- tionally misleading when he described his could be heard decrying the President’s much of the preliminary statement he telephone conversations with Monica claim that he had never been alone read to the grand jury, including the Lewinsky as occasional. with Monica Lewinsky, something that use of the words ‘‘occasionally,’’ and That is what I heard when Manager comes not out of the grand jury but out ‘‘on certain occasions’’ to describe the ROGAN spoke to you a few weeks ago. of the Jones deposition, at the same frequency of certain conduct and made Now, I know it is unusual to be given time he was taking him to task for his the general allegation that the state- a bill of particulars on television, but disquisition on the word ‘‘is,’’ some- ment was itself part of a scheme to de- maybe that is part of the modern liti- thing that is in the grand jury but is ceive the grand jury. gation age. entirely irrelevant to these perjury Yet, strangely, when Mr. Manager And so as to article I’s charge, now charges. You could even see it in their ROGAN was asked about these very that this is off the books, that the videotape presentation last Saturday charges as late as January 20, he quite President perjured himself concerning when snippets from January 17, then clearly abandoned them. I direct your attention to the exhib- his relationship with Ms. Lewinsky, we August 17, were played without any its before you and to the charts. Ap- are once again left with the claim that definition and without any sense that pearing on television on January 20, he lied about touching, about his de- there was any distinction between the with Chris Matthews, this is what tran- nial that he engaged in conduct that two events. spired: fell within his subjective understand- There is literally nothing in the MATTHEWS. . . . now defend these—these ing of the definition used in the Jones President’s grand jury testimony that elements—one, that the president lied when deposition—this in the course of testi- purports to adopt wholesale his testi- he said he had had these relationships with mony, Members of the Senate, in which mony in the Jones deposition. If any- her on certain occasions. Is that the lan- the President had already made the thing, it is evident that he is explain- guage? single most devastating admission that ing at length and clarifying and adding Rep. ROGAN. That is the . . . MATTHEWS. And—and why is that per- any of us can conceive of. It defies to his deposition testimony. Indeed, jurious—perjurious? common sense. And as any experienced even if the original article II had sur- Rep. ROGAN. In fact, I’m not—I don’t prosecutor—and five experienced pros- vived, the President’s belief that he think it’s necessarily perjurious. That is— ecutors said this to the Judiciary Com- had ‘‘worked through the minefield of that’s one little piece of this answer that he mittee—will tell you, it defies real the Jones deposition without violating gave at the grand jury. . . . world experience to charge anyone, the law’’—which is a quote from his * * * * * President or not, with perjury on the grand jury testimony—could not allow February 8, 1999 CONGRESSIONAL RECORD — SENATE S1347 the managers, somehow, to establish brother, and in the same call that he affidavit, Ms. Lewinsky made clear, be- that that statement was independently told her that she was now listed on the yond any doubt, first, that the Presi- perjurious, and they surely cannot do Jones witness list. The managers have dent had never discussed the contents so now that the original article II has from the beginning relied on one fact of the affidavit with her; second, that disappeared. and on one baseless hypothesis stem- there was no connection between the Now, as to the second and third re- ming from this call which, in the man- suggestion that she might file an affi- maining elements of article I, that the agers’ minds, was the beginning and davit and the reference to any cover President lied about Mr. Bennett’s the middle and the end of the scheme story; third, that she believed it pos- statement to Judge Wright at the time to encourage the filing of a false affida- sible to file a truthful affidavit. of the Jones deposition, and that he vit. There is literally no other event or You saw much of this portion of Ms. lied about his own statements to his statement on which they can rely. Lewinsky’s deposition on Saturday, staff, I will deal with them in my dis- The one fact to which the managers and I am not going to impose too much cussion of the obstruction charges in point is Ms. Lewinsky’s testimony that on your patience, but I do want to play article II. Suffice it to say that nothing the President said that if she were ac- just a very few segments of that video- in the record as it came to you in Jan- tually subpoenaed, she possibly could tape. uary could support conviction on arti- file an affidavit to avoid having to tes- First, two segments dealing with the cle I, and nothing added to the record tify, and at some point in the call men- content of the affidavit. since then has changed that result. tioned one of the so-called cover sto- (Text of videotape presentation:) Let me move to article II. Manager ries that they had used when she was Q Are you, uh—strike that. Did he make HUTCHINSON told you in his original still working at the White House—that any representation to you about what you presentation that article II rested on— is, bringing papers to him. And it is on could say in that affidavit or— his words —‘‘seven pillars of obstruc- this shaky foundation, a very slim pil- A No. tion.’’ I had suggested in my opening lar indeed, that the managers build the Q What did you understand you would be statement of a few weeks ago that it hypothesis. saying in that affidavit to avoid testifying? would be more accurate to call them In the face of the seemingly insur- A Uh, I believe I’ve testified to this in the seven shifting sand castles of specula- mountable hurdle of Ms. Lewinsky’s re- grand jury. To the best of my recollection, it was, uh—to my mind came—it was a range of tion, but Manager HUTCHINSON has not peated denials that anyone ever asked things. I mean, it could either be, uh, some- proved willing to accept my descrip- or encouraged her to lie, the managers thing innocuous or could go as far as having tion and so I will accept his. Let’s re- have persisted in arguing, and continue to deny the relationship. Not being a lawyer move one pillar right at the start. to do so, that the President did some- nor having gone to law school, I thought it Article II charges that the President how encourage her to lie, even if she could be anything. engaged in a scheme to obstruct the didn’t know it. Now you have heard Q Did he at that point suggest one version Jones case—the Jones case—and al- that theme sounded really for the first or the other version? leges as one element of this scheme time on Saturday, and then a little bit A No. I didn’t even mention that, so there, that in the days following January 21 there wasn’t a further discussion—there was today—even if she didn’t know it, be- no discussion of what would be in an affida- the President lied to his staff about his cause both really understood that any vit. relationship with Ms. Lewinsky, con- affidavit Ms. Lewinsky would file duct that could not possibly have had would have to be false if it were to re- * * * * * anything to do with the Jones litiga- sult in her avoiding her deposition. But Q In his answer to this proceeding in the Senate, he has indicated that he thought he tion. neither the fact on which they rely nor had—might have had a way that he could I will get to the merits of that charge their hypothesis was of much help to have you—get you to file a—basically a true standing alone in a little while, but I the managers before Ms. Lewinsky’s affidavit, but yet still skirt these issues bring up the more—forgive me—tech- deposition and neither, surely, has any enough that you wouldn’t be called as a wit- nical argument here, to highlight once force after her deposition. ness. more the extent to which the House After you saw Ms. Lewinsky’s testi- Did he offer you any of these suggestions simply ignored the most basic legal mony, there can be nothing left of at this time? principles in bringing these charges to what was, at best, only conjecture. A He didn’t discuss the content of my affi- davit with me at all, ever. you. I have yet to hear from the man- Even before her deposition, Ms. agers a single plausible explanation for Lewinsky had testified, as had the Next, a couple of brief segments on the inclusion of this charge as part of President in the grand jury, that given the issue of the cover stories. a scheme to obstruct the Jones litiga- the claims being made in the Jones (Text of videotape presentation:) tion, and I can think of none. I am sure case, a truthful albeit limited affidavit Q Well, based on prior relations with the that in the 120 minutes remaining to might—might—establish that Ms. President, the concocted stories and those them, some portion of that time will be Lewinsky had nothing relevant to offer things like that, did this come to mind? Was spent explaining just this point. And, in the way of testimony in the Jones there some discussion about that, or did it come to your mind about these stories—the so, one pillar gone; a slight list ob- case. cover stories? served. Faced with this record, the managers A Not in connection with the—not in con- Next: Ms. Lewinsky’s affidavit and asked you to authorize Ms. Lewinsky’s nection with the affidavit. the first of the empty pots. The man- deposition, representing that she * * * * * agers charge that the President cor- would—and I quote, and this is from Q Did you discuss anything else that night ruptly encouraged a witness to execute the managers’ proffer—‘‘rebut the fol- in terms of—I would draw your attention to a sworn affidavit that he knew to be lowing inferences drawn by White the cover stories. I have alluded to that ear- perjurious, false, and misleading, and House counsel on key issues, among lier, but, uh, did you talk about cover story similarly encouraged Ms. Lewinsky to others that President Clinton did not that night? lie if she were ever called as a witness. encourage Ms. Lewinsky to file a false A Yes, sir. In my opening statement, and in Mr. affidavit and that President Clinton Q And what was said? Kendall’s more detailed discussion, we did not have an understanding with Ms. A Uh, I believe that, uh, the President said made two points: First, that Ms. Lewinsky that the two would lie under something—you can always say you were Lewinsky had repeatedly denied that coming to see Betty or bringing me papers. oath.’’ Q I think you’ve testified that you’re sure she had ever been asked or encouraged Unhappily for the managers—and he said that that night. You are sure he said to lie; and, second, that there was sim- perhaps their unhappiness was best re- that that night? ply no direct or circumstantial evi- flected in the tone of Manager BRY- A Yes. dence that the President had ever done ANT’s discussion on this subject—Ms. Q Now, was that in connection with the af- such a thing. Lewinsky’s testimony, as you saw fidavit? Now, it is not in dispute that the yourself on Saturday, did just the op- A I don’t believe so, no. President called Ms. Lewinsky in the posite. * * * * * early morning of December 17 to tell In an extended colloquy with Mr. Now, you have testified in the grand jury. her about the death of Betty Currie’s Manager BRYANT on the subject of the I think your closing comments was that no S1348 CONGRESSIONAL RECORD — SENATE February 8, 1999 one ever asked you to lie, but yet in that That same day, January 5, she called must, that the President and Ms. very conversation of December the 17th, 1997 President Clinton to ask if the President Lewinsky did not even discuss her dep- when the President told you that you were would like to review her affidavit before it osition on the 17th, logically, I sup- was signed. He declined, saying he had al- on the witness list, he also suggested that pose, since she wasn’t actually subpoe- you could sign an affidavit and use mislead- ready seen about 15 others. She understood ing cover stories. Isn’t that correct? that to mean that he had seen 15 other affi- naed until 2 days later. A Uh—well, I—I guess in my mind, I sepa- davits rather than 15 prior drafts of her affi- Now, one might think that this rate necessarily signing affidavit and using davit (which did not exist). would dispose of the matter, since they misleading cover stories. So, does— In sum, one, the only reference to an do not identify a single other moment Q Well, those two— affidavit in the December 17 call was in time when there was any discussion A Those three events occurred, but they of Ms. Lewinsky’s potential testimony. don’t—they weren’t linked for me. the suggestion of the President that filing one might possibly enable Ms. But once again, having lifted the lid And third, a brief segment on the Lewinsky to avoid being deposed, itself and seen that their pot was empty, supposed falsity of any affidavit that an entirely legitimate and proper sug- they would ask you to find that the might be filed. gestion. same signal that we now know did not (Text of videotape presentation:) Two, the President and Ms. Lewinsky encourage the filing of an affidavit was Q The night of the phone call, he’s suggest- never discussed the content of her affi- a signal to Ms. Lewinsky to lie if she ing you could file an affidavit. Did you ap- davit on or after December 17. was ever called to testify. But of course preciate the implications of filing a false af- fidavit with the court? Three, the President never saw or we have long known that there was no A I don’t think I necessarily thought at read any draft of the affidavit before it such signal. And the grand jury—as that point it would have to be false, so, no, was signed. was so often the case, one of the jurors probably not. I don’t—I don’t remember hav- Four, the President believed that she took it upon him or herself to ask that ing any thoughts like that, so I imagine I could file a true affidavit. which the independent counsel chose would remember something like that, and I Five, Ms. Lewinsky believed that she not to. And you have this before you. don’t, but— could file a true affidavit. And you have seen it before. Six, there is not one single document And last, if we might, a brief segment A JUROR: It is possible that you also had on the question of whose best interests or piece of testimony that suggests these discussions [about denying the rela- were being served. that the President encouraged her to tionship] after you learned that you were a (Text of videotape presentation:) file a false affidavit. witness in the Paula Jones case? Q But you didn’t file the affidavit for your If there is no proof the President en- [MS. LEWINSKY]: I don’t believe so. No. best interest, did you? couraged Ms. Lewinsky to file a false A JUROR: Can you exclude that possibil- A Uh, actually, I did. affidavit, surely there must be some ity? Q To avoid testifying. proof on the other charge that encour- [MS. LEWINSKY]: I pretty much can. I A Yes. aged her to give perjurious testimony really don’t remember it. I mean, it would be Brief, put pointed, I think, and I am very surprising for me to be confronted with if she were ever called to testify. Well, something that would show me different, but sure you remember them from Satur- there isn’t. I—it was 2:30 in the—I mean, the conversa- day, and I am sure you will take those Let’s begin by noting something that tion I’m thinking of mainly would have been excerpts with you as you move into should help you assess the President’s December 17th, which was— your deliberations. actions during this period—both the A JUROR: The telephone call. There was another issue that sur- charge that he encouraged the filing of [MS. LEWINSKY]: Right. And it was—you faced early on, although perhaps it has a false affidavit and the charge that he know, 2:00, 2:30 in the morning. I remember dissipated, and that is whether the the gist of it and I—I really don’t think so. encouraged Ms. Lewinsky to testify A JUROR: Thank you. President ever saw a draft of Ms. falsely. Lewinsky’s affidavit, something that The conversation that the managers But all of this is not enough to dis- the managers alleged early on but, in- allege gave rise to both offenses is that suade the managers. deed, as we now know from that testi- call of the early morning of December Now that they know that the only mony, not only did nobody ever see a 17. The managers suggest that the two participants in the relevant con- draft of the affidavit, the President and President, in essence, used the subter- versation denied that there was any Ms. Lewinsky never even discussed the fuge of a call to inform Ms. Lewinsky discussion of either the affidavit or the content of her affidavit. ‘‘Not ever,’’ as about the death of Ms. Currie’s brother testimony, they have created still an- she put it, either on December 17 or on to discuss her status as a witness in the other theory. As Manager BRYANT told January 5 or on any other date. Ac- Jones case. Subterfuge? Come on. A you last week—and in essence it was cording to Ms. Lewinsky, the President tragedy had befallen a woman who was repeated today—‘‘I don’t care what was told her he didn’t need to see a draft Ms. Lewinsky’s friend and the Presi- in Ms. Lewinsky’s mind.’’ because he had seen other affidavits. dent’s secretary. Well, that is quite extraordinary. The Early on, Manager MCCOLLUM specu- But let’s put this in the managers’ only witness, the supposed victim of lated for you—speculated for you—that own context. On December 6, the Presi- the obstruction, the person whose tes- when the President told Ms. Lewinsky dent learned that Ms. Lewinsky was on timony is being influenced, says that it that he didn’t need to see her affidavit the Jones witness list. According to didn’t happen. And the managers none- because he had seen other affidavits, he the managers, that was a source of theless want you to conclude, I assume, really must have meant that he had grave concern and spurred intensified that some subliminal message was seen previous drafts of hers, and this is efforts to find her a job—efforts that being conveyed that resulted in the fil- what he said: were still further intensified when, on ing of a false affidavit without the affi- I doubt seriously the President was talking December 11, Judge Wright issued her ant knowing that she was being con- about 15 other affidavits of somebody else order allowing lawyers to inquire into trolled by some unseen and unheard and didn’t like looking at affidavits any- the President’s relationships with force. I won’t comment further. Two more. I suspect, and I would suggest to you, other women. Yet, I have not heard any more pillars lie in the dust. that he was talking about 15 other drafts of explanation as to why the President, Next, the gifts. On this charge, the this proposed affidavit, since it had been now theoretically so distraught that he record is largely, but in critical re- around the horn a lot of rounds. was urging Mr. Jordan to keep Ms. spects not entirely, as the record has That is what Manager MCCOLLUM Lewinsky happy by finding her a job, been from the beginning. Here is what told you. Now we know that those as Manager HUTCHINSON would have it, it shows. drafts didn’t exist. They never existed. waited until December 17—11 days after On the morning of December 28, the How do we know? Somewhat belatedly, he learned Ms. Lewinsky was on the President gave Ms. Lewinsky Christ- the managers got around to telling us witness list and 6 days after the sup- mas presents in token of her impending that. In describing the testimony they posedly critical events of December departure for New York. Ms. Lewinsky would expect to receive from Ms. 11—to call and launch his scheme to testified that she raised the subject of Lewinsky when they moved for the suborn perjury. her subpoena and said something about right to take her deposition, they Now, as to the charge of subornation, getting the gifts out of her apartment, wrote in their motion: the managers do concede, as they to which she herself has now told you February 8, 1999 CONGRESSIONAL RECORD — SENATE S1349 the President either made no response He’s testified that he’s not concerned ence her testimony. Remember my two or said something like, ‘‘Let me think about gifts, that he gives them all the themes: Moving targets, empty pots. about it.’’ time to all sorts of people, and he They come together here. What the Betty Currie testified consistently wasn’t worried about it. managers have presented to you in a that Ms. Lewinsky called her to ask Now, we know that from Ms. series of different speculative theories, her to pick up a box and hold them for Lewinsky’s perspective, as she ex- as each one is shown to be what it is, her. Ms. Lewinsky has testified equally plained in her deposition, it also made they move on to the next in the hope consistently, and testified again in her no difference that the President was they will find one, someday, that actu- deposition, that it was her recollection giving her additional gifts, because she ally has a connection to reality. But that Ms. Currie called her and said that had already decided, having had the they cannot find that elusive theory; she understood she ‘‘had something for subpoena in hand for 9 days, that she for the stubborn facts will not budge, her’’ or perhaps even the President would not turn them over. nor will the stubborn denials by every said, ‘‘You have something for me.’’ Now, a second ray of light also shines participant in their mythical plot. The President denies that he ever on two aspects of the managers’ case Now we know that Monica spoke to Betty Currie about picking up from Ms. Lewinsky’s deposition. Lewinsky’s job search began in the gifts from Monica Lewinsky. Betty You may remember that as part of summer of 1997, well in advance of her Currie denies that the President ever article I in their trial brief, the man- being involved in the Jones case. In Oc- asked her to pick up gifts from Monica agers allege that the President lied to tober, she interviewed with U.N. Am- Lewinsky. the grand jury—this is one of the bassador Richardson, was offered a job. Now, Ms. Lewinsky has stated on never-ending list of possible perjuries— She had her first meeting with Mr. Jor- three occasions before her most recent that he recalled saying to Ms. dan early in November, well before she deposition that Ms. Currie picked up Lewinsky on December 28 that she appeared in the Jones case. The next the gifts at 2 o’clock in the afternoon would have to ‘‘turn over whatever she contact was actually before Thanks- on the 28th. Having been shown the in- had’’ when she raised the gift issue giving when she made an effort to set famous 3:32 cell phone call, which had with him. up another meeting with Mr. Jordan previously been trumpeted by the man- Well, the managers sought to obtain and was told to call back after the holi- agers as absolute proof that it was Ms. from Ms. Lewinsky testimony that day. She did, on December 8, and set up Currie who called Ms. Lewinsky, who would support that charge of perjury as a meeting on December 11—again, be- initiated the process, Ms. Lewinsky well as the concealment charge under fore either she or Mr. Jordan knew testified on Monday that Ms. Currie article II, but she turned that world that she was involved in the Jones came to pick up the gifts sometime upside down on both the perjury charge case. during the afternoon and that there and the obstruction charge. Now, on that date of December 11 had been other calls earlier in the day. When asked whether the President which we have heard so much about, But we learned at least a couple of had ever said to her, ‘‘You will have to Mr. Jordan did open doors for Ms. interesting new things from Ms. give them whatever you have,’’ or Lewinsky in New York, but there was Lewinsky on this subject. something like that, Ms. Lewinsky tes- no inappropriate pressure. At Amer- First, when she received her sub- tified that FBI Agent Fallon of the OIC ican Express and Young and Rubicam poena on December 19, 9 days —9 days— had interviewed her after the Presi- she failed on her own, and at Revlon before she spoke to the President about dent’s grand jury testimony, after they she succeeded on her own. As Mr. Jor- them, Ms. Lewinsky was frightened at already knew what the President had dan told the grand jury when asked the prospect that the Jones lawyers said under oath, and asked her whether whether there was any connection be- would search her apartment, and she she recalled the President saying any- tween his assistance to her and the began to think about concealing the thing like that to her. I am sure some- Jones case, his answer was ‘‘unequivo- gifts that she cared most about that what to the surprise of Manager cally, indubitably no.’’ would suggest some special relation- BRYANt, she testified that she told In search of some evidence that Mr. ship with the President. And as she Agent Fallon, ‘‘That sounds familiar.’’ Jordan’s efforts were, indeed, trigger- told you, she herself decided then that Now aside from the not so minor ing Ms. Lewinsky’s status as a witness she would turn over only what she de- point that Ms. Lewinsky’s testimony and therefore inappropriate, the man- scribed as the most innocuous gifts, corroborates the President’s recollec- agers focused on his January 8 call to and it was those gifts that she took tion of his response and undermines Mr. Perelman, the CEO of MacAndrews with her to see her lawyer, Mr. Carter, the charge in both article I and article & Forbes, admittedly a date known to on December 22. II, a couple of other things are worth Ms. Lewinsky, to Mr. Jordan, and to Thus, when she arrived to pick up her noting. As my colleague, Ms. Seligman, the President. Ms. Lewinsky had re- Christmas gifts from the President on pointed out to you on Saturday, this ported that her original interview had December 28, she had already decided was the first time after all Ms. not gone well, although we know it ac- that she would not turn over all the Lewinsky’s recorded versions of the tually had, and that her resume had al- gifts called for by the subpoena and events of December 28, that we had ready been sent over from MacAndrews had already segregated out the ones ever heard that the President’s version & Forbes to Revlon where she ulti- she intended to withhold. But she sounded familiar to her. And second, mately was offered a job. didn’t tell the President about that. In- there is not a single piece of paper—at Mr. Jordan was candid stating he stead, as she testified, she broached the least that we are aware of—in the en- went to the top because he wanted to question of what to do with the gifts tire universe turned over by the inde- get action if action could be had, but and the possibility of giving them to pendent counsel, by the House, and the record is clear that the woman in- Betty Currie, again without describing thence to us that reflects the FBI’s volved at Revlon who interviewed Ms. what had already occurred, to which interview of Ms. Lewinsky. If she Lewinsky had already made a decision the President either made no reply or hadn’t been honest enough to tell Man- to hire her. No one put any pressure on said something like, ‘‘I’ll think about ager BRYANT about it, we and you her. There was no special urgency. it.’’ would never have known. There was no fix. In fact, if you want it This testimony sheds light on one of Senators, what else is there in the known what happens when Mr. Jordan the issues that has troubled everyone vaults of the independent counsel or in calls the CEO of a company to get ac- who has tried to make sense out of the memory of his agents that we don’t tion, look at his call to the CEO of what happened on that day. Why would know about? Young and Rubicam: No job; no job. the President, if he were really worried Another pillar down. They made an independent decision about Ms. Lewinsky’s turning over The job search. It may have become whether or not to hire Ms. Lewinsky. gifts pursuant to the subpoena, give tiresome to hear it, but any discussion Now, other than the managers, there her more gifts? From our perspective, of the job search must begin with Ms. are only two people, as far as I can tell, the answer has always been an easy Lewinsky’s testimony oft repeated who ever tried to create a link between one. He wouldn’t have been concerned. that no one promised her a job to influ- the job search and the affidavit: Linda S1350 CONGRESSIONAL RECORD — SENATE February 8, 1999 Tripp and Kenneth Starr. No one—not The problem the managers have had, a theory that will link them all to- Ms. Lewinsky, not Mr. Jordan, not the however, is that they have not been gether, you have made some progress. President, no one—ever said anything able to figure out when this occurred, There is only one problem: Other than to so much as suggest the existence of why it occurred, or how it occurred. what we know to be true on this list, such a linkage, and the managers can Think back on how many versions of there is nothing other than surmise find no proof; which is not to say they their theory you have heard just in the that links them together in any fash- didn’t try. last few weeks. First, it all started on ion that one could consider improper or Manager HUTCHINSON, you will recall, December 11 when Judge Wright issued certainly illegal. But that is, in es- originally asked you to look at the her order permitting Jones lawyers to sence, where the managers have events of January 5 when he said Ms. take depositions to prove that the brought us in their theorizing, for their Lewinsky had met with her attorney, President had relations with other fourth theory is that the pressure did Mr. Carter, and then, according to the women. That was what galvanized the not really begin to build until Ms. managers’ account, Mr. Carter began President and Mr. Jordan to make real Lewinsky was actually subpoenaed and drafting the affidavit and Ms. efforts to find Ms. Lewinsky a job. began to prepare an affidavit. Lewinsky was so concerned that she Woops, didn’t quite fit the facts. On this theory, a call to Mr. called the President and he returned Mr. Jordan met with Ms. Lewinsky Perelman was the final step—going her call. The problem with that ver- and made calls to prospective employ- right to the top of MacAndrews & sion, as my colleague, Mr. Kendall, ers before the order was issued. Let’s Forbes to make absolutely sure that showed you, was the affidavit wasn’t try this. Second, well, it wasn’t really Ms. Lewinsky stayed on the team. But drafted until January 6. Mr. Carter has the 11th, it was the 5th when the wit- here there are other facts to deal with. so testified. ness list came out. But they had al- For example, look what happened—or Now, the managers would also have ready told you in a trial brief quite ex- more importantly, didn’t happen—on you believe that Mr. Jordan was in- plicitly, and in the majority report of December 19. On that day, Monica volved in drafting the affidavit and the committee to the Congress, that Lewinsky came, weeping, to Mr. Jor- that he was involved in the deletion of there was ‘‘no urgency.’’ Those were dan’s office carrying with her the language from the draft that suggested dreaded subpoena. Mr. Jordan called their words; there was ‘‘no urgency’’ that she had been alone with the Presi- the President and visited with him after December 5. I am a city boy, but dent. Ms. Lewinsky’s and Mr. Jordan’s that evening. And you will recall that that dog went back to sleep. testimony is essentially the same. they talked in very candid terms to the Third, as Manager HUTCHINSON told They talked, Mr. Jordan listened—you you on Saturday, what really happened President about their relationship. recall him saying, ‘‘Yes, she was talk- Wouldn’t one think that if the Presi- ing, I was doodling,’’—he called Mr. was that by December 17 the President had ‘‘got the job search moving’’ and dent was, in fact, engaged in some Carter, he transmitted to Mr. Carter scheme to use a job in New York to in- some of her concerns, but he made it thought ‘‘maybe she is now more recep- tive,’’ and that is why he called Ms. fluence Ms. Lewinsky’s testimony, this very clear to Ms. Lewinsky he wasn’t would be the critical moment, that her lawyer. And in words that will res- Lewinsky on the 17th and told her she was on the witness list. some immediate steps would be taken onate forever, at least among the legal to be absolutely sure that there was a community, Mr. Jordan said, ‘‘I don’t Nice try. No facts. Now, I don’t know whether this job for her? But what do we find? Mr. do affidavits.’’ And, of course, Mr. chart, which Manager HUTCHINSON Jordan takes no further action on the Carter himself testified it was his idea used, was intended to speak for itself job front until January 8. to delete the language about being or to be elucidated by his own com- Now, there was never so much as a alone. ments, but let’s look at it. ‘‘December passing reference concerning any con- Now, the very best that the managers nection between the job search and the can do on this issue is to establish that 5th, witness list—Lewinsky,’’ excla- mation point. Her name is on it. ‘‘De- affidavit among any of the three par- Ms. Lewinsky talked to Mr. Jordan in ticipants—any of them—because there cember 6: President meets with attor- the same conversation about the job was not one conversation that anyone neys on witness list.’’ search and about her affidavit. But as could conclude was designed to imple- Mr. Jordan told you, Ms. Lewinsky was True. ‘‘December 7th: President and Jordan ment this nefarious scheme that the always talking about the job search, meet.’’ managers would have you find. So now and he made it very clear to you that Well, that is also true, but we know we have an entirely new theory—the there was no linkage between the two. ‘‘one-man conspiracy,’’ a beast un- If we can play just a very brief sec- they didn’t talk about Monica Lewinsky. I am not quite sure why it is known, I think, to Anglo-American ju- tion of Mr. Jordan’s deposition. risprudence. (Text of videotape presentation:) there. ‘‘December 8th: Lewinsky sets up a Now, the fact that Ms. Lewinsky— Q In your conversation with Ms. Lewinsky this is on the managers’ theory—didn’t prior to the affidavit being signed, did you in meeting with Jordan for the 11th.’’ True. At that point, she doesn’t know know she was on the witness list until fact talk to her about both the job and her December 17, and Mr. Jordan didn’t concerns about parts of the affidavit? she is on the list and Mr. Jordan A I have never in any conversation with doesn’t know she is on the list. know about it until she was subpoe- Ms. Lewinsky talked to her about the job, on ‘‘December 11th: Lewinsky job meet- naed on the 19th, and Mr. Perelman one hand, or job being interrelated with the ing with Jordan.’’ never knew it, all are ‘‘proof positive’’ conversation about the affidavit. The affida- Yes, true. But as we know, well be- that the President himself was the vit was over here. The job was over here. fore Judge Wright’s order came out, ‘‘mastermind’’ pulling on unseen And of course we have already dis- the two of them still don’t know that strings and influencing the partici- pensed with the notion to the extent her name is on the witness list. pants in this drama, without their even that the managers continue to assert December 17th was the calls. knowing that they were being influ- that the President never discussed the True. They are on the list. enced. Under this theory—the latest in contents of the affidavit with Ms. On December 19, the subpoena was a long line—Ms. Lewinsky’s denial that Lewinsky or even ever saw a draft. served. she ever discussed the contents of her Now, recognizing that they would True. affidavit with the President, her denial never be able to show that the incep- ‘‘December 28: President and that there was any connection between tion of the job search was linked in any Lewinsky meet; evidence (gifts) con- the job and her testimony, Mr. Jor- way to the affidavit, the managers de- cealed.’’ dan’s denial that there was ever a con- veloped a theory which they have ad- Now, true, but I am not sure what nection between his efforts to find her vanced to you that the President com- that means in this context. a job and the affidavit, and the fact mitted obstruction of justice when the Last, interestingly, was breakfast at that Mr. Jordan never discussed any job search assistance became, in their the Park Hyatt. ‘‘More evidence at such connection with the President, words, ‘‘totally interconnected, inter- risk.’’ are simply evidence of the fact that twined, interrelated,’’ with the filing of Now, it is clear that if you string all there must have been such a connec- Ms. Lewinsky’s affidavit. of these events together and you have tion; that unbeknownst to Ms. February 8, 1999 CONGRESSIONAL RECORD — SENATE S1351 Lewinsky, she was being corruptly en- any moment: ‘‘From my position at doubt that you need to do that to un- couraged to file a false affidavit. With the conference table, I observed Presi- derstand what might color Mr. Holmes’ all due respect, somebody has been dent Clinton looking directly at Mr. view of the world. Let’s look at what watching too many reruns of ‘‘The X- Bennett while this statement was he had to say. You have in the exhibits Files.’’ being made.’’ before you an unredacted witness list Confronted with this problem, the Search if you will for any evidence attached to Mr. Holmes’ affidavit. I managers now offer you one last the- relating to whether the President was have put up on the easels the redacted ory. With ever-increasing directness, looking attentively or not. There is not list as it was originally used by the they now accuse Mr. Jordan himself of one iota of evidence added by the vid- managers a few weeks ago because I obstructing justice by urging Ms. eotape. You were misled. Indeed, Mr. really see no purpose in unduly expos- Lewinsky to destroy her notes. Seem- Ward said to the Legal Times on Feb- ing the names of the people who are on ingly, they ask you to find—even in the ruary 1, 1999, ‘‘I have no idea if he was that witness list. But let me direct you face of Mr. Jordan’s forceful denials— paying attention. He could have been to these words just to highlight it: that one who would forget a breakfast thinking about policy initiatives, for ‘‘Under Seal.’’ at the Park Hyatt until reminded of it all I know.’’ You were misled. You will remember that the Presi- by being shown the receipt, and who The record before the affidavit is the dent has been criticized for violating a then admitted his recollection was re- record after the affidavit. The man- gag order when he spoke to his own freshed and would admit that he re- agers ask that you remove the Presi- secretary about his deposition. What membered a discussion of the notes, dent of the United States on the basis then do we say when the managers must have obstructed justice himself. of the videotape showing that he was produce a document from a lawyer for And, of course, he must have been en- looking in the direction of his lawyer. one of the parties that is still under gaged all along with an effort to influ- Well, it was not much of a pillar to seal, not yet released by the court, and ence Ms. Lewinsky’s testimony on be- start with. reveals the names of individuals who half of the President. There is no dispute of the conversa- are no part of these proceedings? Sure- Nonsense. Nonsense. And so this pil- tion of January 18 between the Presi- ly the managers could have made their lar returns to the dust from which it dent and Ms. Currie. There is no dis- point just as well without such a rev- came. pute that President Clinton called Ms. elation. Next, the events surrounding Mr. Currie into the White House on Sun- Mr. Holmes states that the Jones Bennett’s statement to Judge Wright day, January 18, the day after his depo- lawyers had two reasons for putting during the Jones deposition formed the sition, and asked her certain questions Ms. Currie’s name on the witness list: basis for two charges: First, that the and made certain statements about his One, because of President Clinton’s President obstructed justice in the relationship with Ms. Lewinsky. The deposition testimony; and, two, be- Jones case; second, that he committed only dispute is whether, in doing so, cause they had ‘‘received what they perjury by telling the grand jury that the President intended to tamper with considered to be reliable information he really wasn’t paying attention at a witness. The managers contend that that Ms. Currie was instrumental in fa- the critical moment. he was corruptly attempting to influ- cilitating Monica Lewinsky’s meetings Both charges depend on the man- ence Ms. Currie’s testimony. The Presi- with Mr. Clinton and that Ms. Currie agers’ ability to prove that, indeed, the dent denies it. was central to the cover story Mr. Clin- President had been paying attention. Since we know that Ms. Currie was ton and Ms. Lewinsky had developed to To do that, they always rely on the not on the Jones witness list at the use in the event their affair was discov- videotape of the deposition in which it time of the President’s deposition, or ered.’’ They don’t tell us where he got can be seen that the President was at the time of either of the conversa- this reliable information. But of course looking in the direction of his lawyer tions with Ms. Currie, and we know we know. while Mr. Bennett was talking. that discovery was about to end, the Let’s figure out whether in fact But 2 weeks ago, they came to you managers have argued that the Presi- Betty Currie really made it on the list and they produced, with a modest dent’s own references to her in the because of the President’s testimony. If flourish, a new bit of evidence—an affi- Jones deposition constituted an invita- you look at the number of times she is davit from Mr. Barry Ward, clerk to tion to the Jones lawyers to subpoena mentioned in the deposition, it be- Judge Wright, trumpeted, in their her. They argue that proof of that invi- comes conventional wisdom that the words, as ‘‘lending even greater cre- tation can be found in the witness list President inserted her name into his dence to their crime.’’ Now, in their signed by the Jones lawyers on Janu- testimony so frequently and so gratu- memorandum in support of their re- ary 22, which listed Ms. Currie and itously that he did in fact invite the quest to expand the record by including other potential witnesses. Jones lawyers to call her and, thus, Mr. Ward’s affidavit, the managers told When I spoke to you on January 19, I must have known that she was going to you the following, and this is the man- told you that Ms. Currie had never be a witness when he spoke to her on agers’ own language: been placed on the witness list. I was January 18. But if you look at the dep- From his seat at the conference table next wrong. Manager HUTCHINSON has quite osition, you will find that the first to the judge, he saw President Clinton listen- properly taken me to task for it. But I time her name is mentioned, the Presi- ing attentively to Mr. Bennett’s remarks, fear that he became so caught up in dent is simply responding to a question while the exchange between Mr. Bennett and this information that he has lost sight about his earlier meetings with Ms. the judge occurred. of its true significance, or rather a lack Lewinsky and stated that Betty was Then they said: thereof. present. Mr. Ward’s declaration would lend even In order to convince you that Betty The lawyers for the plaintiff then greater credence to the argument that Presi- Currie was going to be called by the asked 13 questions, give or take a few, dent Clinton lied on this point during his Jones lawyer when the President spoke about Ms. Currie. And we know there is grand jury testimony and obstructed justice to her on January 18, the managers, no secret here. They got their informa- by allowing his attorney to utilize a false af- somewhat like Diogenes, lit their lan- tion from Linda Tripp. And Linda fidavit in order to cut off a legitimate line of tern and sought out the most reliable Tripp surely told them about Ms. questioning. Mr. Ward’s declaration proves that Mr. Ward saw President Clinton listen- witness they could find, a witness Lewinsky’s relationship with Ms. ing attentively while the exchange between whose credibility was beyond question, Currie. It was only in response to a Mr. Bennett and the presiding judge con- who had no ulterior motive, no bias— couple of their questions about wheth- curred. Paula Jones’ lawyer. They brought it er letters had ever been delivered to But this is what Mr. Ward’s affidavit to you in a form that they hoped would Ms. Currie and whether she stated at actually says. The affidavit was at- allow his motive and bias to go untest- some extraordinarily late hour that tached to the very motion the language ed. the President said, ‘‘You’ll have to ask of which I just read to you. I direct Remember how the managers told her.’’ He didn’t invite. He did not sug- your attention only to the last sen- you that it is important to look a wit- gest to them that they call Ms. Currie. tence, because this is the only one of ness in the eye to test his demeanor. I They knew whatever they needed to S1352 CONGRESSIONAL RECORD — SENATE February 8, 1999 know about Ms. Currie to put her on known. Of course, that’s late at night. Only one pillar left. The managers their witness list. January 21, Post story was on the ask the Senate to find that the Presi- To judge further whether Ms. Currie Internet. The President calls Betty for dent’s conversations with Mr. made it on the list because of the 20 minutes. And then sort of sneaking Blumenthal and other aides was an ef- President’s invitation, or because they it in down here, January 20 or 21, Presi- fort to influence their testimony before already knew about witnesses from Ms. dent coaches Currie for the second the grand jury. Their theory, much as Tripp, let me direct your attention—if time. was true of some of their other theo- you look at the exhibit in front of you But the record shows this: Ms. Currie ries, flounders on shoals that they rather than the redacted version here, has said that the conversation occurred don’t account for. As they would have the first listed on the witness list is ‘‘whenever the President was next in it, in the days immediately following No. 165. Her name does not come up at the White House.’’ That is after the the Lewinsky story, the President all in the deposition. But we know that Sunday conversation. And that was spoke with a few members of his senior she was in fact the subject of conversa- Tuesday, the 20th, the day after the staff, as they would allege, knowing tion surreptitiously recorded between Martin Luther King holiday. Thus, the that they would probably be grand jury Ms. Tripp and Ms. Lewinsky. And note second conversation is of no greater witnesses and misled them about his that the name of Vernon Jordan is not legal significance than the first since relationship with Ms. Lewinsky, so on the list. They are the ones, the the President knew no more about Ms. that they would convey that misin- Jones lawyers are the ones, who first Currie’s status as a witness on Tuesday formation to the grand jury when they bring them up. And we know, of course, than he did on Sunday. were called. that they knew from Ms. Tripp that he In sum, the managers have tried to Now, just so that you can see for was already involved in this scenario. convince you that the President knew yourself what the President testified to Thus, neither the January 22 witness or must have known that Betty Currie in the grand jury on the subject, I want list nor Mr. Holmes’ affidavit sup- would be a witness in the Jones case. If to play about 3 or 4 minutes of that ported the managers’ theory. The anything, we now know that the reason testimony for you. President did not know that Ms. Currie she was put on the January 22 list, (Text of videotape presentation:) along with many others, had more to would be a witness when he spoke to Q. If they testified that you denied sexual her after her deposition, and he could do with Linda Tripp than anything relations or relationship with Monica not, therefore, have tampered with the else. Lewinsky, or if they told us that you denied witness. But putting this aside for the mo- that, do you have any reason to doubt them, Well beyond their statement about ment; that is, putting aside the ques- in the days after the story broke; do you how they got this information, Mr. tion whether the President could have have any reason to doubt them? Holmes volunteers that they didn’t get had any reason to believe that Ms. PRESIDENT CLINTON. No. The—let me it from the Washington Post, or per- Currie would be a witness, look at say this. It’s no secret to anybody that I hoped that this relationship would never be- haps not. But it is clear that in the whether Ms. Currie herself believed that she was being corruptly influenced come public. It’s a matter of fact that it had days after the Post article, we know been many, many months since there had that some of the names on the list on January 18. In response to continu- been anything improper about it, in terms of came from the press reports, we know ing efforts by the prosecutors to get improper contact. I— that Jones lawyers began tracking the her to admit that she felt some unto- Q. Did you deny it to them or not, Mr. newly public activities of the independ- ward pressure from the President, she President? ent counsel, which was issuing its own testified—and you have seen this before PRESIDENT CLINTON. Let me finish. So, subpoenas in the hours and days fol- as well: what—I did not want to misled my friends, but I wanted find language where I could say lowing the lawyers’ release. And for . . . did you feel pressured when he told you those statements? that. I also, frankly, did not want to turn some insight into what they believe A. None whatsoever. any of them into witnesses, because I—and, the independent counsel thought was Q. What did you think, or what was going sure enough, they all became witnesses. going on, look at the pleading they through your mind about what he was doing? Q. Well, you knew they might be—— filed with Judge Wright on Wednesday, A. At the time I felt that he was—I want to PRESIDENT CLINTON. And so—— January 28, to prevent the Jones law- use the word shocked or surprised that this Q.—witnesses, didn’t you? yers from continuing to use their in- was an issue, and he was just talking. PRESIDENT CLINTON. And so I said to them things that were true about this rela- vestigation as an aid—that is, the inde- * * * * * Q. That was your impression, that he want- tionship. That I used—in the language I pendent counsel’s investigation—as an used, I said, there’s nothing going on be- aid to civil discovery. ed you to say—because he would end each of the statements with ‘‘Rights?,’’ with a ques- tween us. That was true. I said, I have not The pleading said, ‘‘As recently as tion. had sex with her as I defined it. That was this afternoon, plaintiff’s counsel A. I do not remember that he wanted me to true. And did I hope that I would never have caused process to be served on Betty say ‘‘Right.’’ He would say, ‘‘Right?’’ and I to be here on this day giving this testimony? Currie who appeared before the grand could have said, ‘‘Wrong.’’ Of course, But I also didn’t want to do any- jury in Washington yesterday. Such de- Q. But he would end each of those ques- thing to complicate this matter further. So, liberate and calculated shadowing of tions with a ‘‘Right?’’ and you could either I said things that were true. They may have say whether it was true or not true. been misleading, and if they were I have to the grand jury’s investigation will nec- A. Correct. take responsibility for it and I’m sorry. essarily pierce the veil of grand jury Q. Did you feel any pressure to agree with Q. It may have been misleading, sir, and secrecy.’’ your boss? you knew though, after January 21st when The managers have criticized us for A. None. the Post article broke and said that Judge ignoring the second conversation be- And so on a human level, a human Starr was looking into this, you knew that tween the President and Ms. Currie, level, we have the President, who has they might be witnesses. You knew that they suggesting that I suppose it takes on just seen his worst nightmare come might be called into a grand jury, didn’t an even more sinister cast than the true, and who knows that he is about you? first. But there is simply nothing of to face a press tidal wave that will PRESIDENT CLINTON. That’s right. I think I was quite careful what I said after any substance to take from this second wash over him and his family and the that. I may have said something to all these conversation that adds to the events of country, and we have his secretary who people to that effect, but I’ll also—whenever January 18. It is clear that the con- knows of, indeed, has been a part of, anybody asked me any details, I said, look, I versation occurred on Tuesday, Janu- his relationship with Monica Lewinsky don’t want you to be a witness or I turn you ary 20, before the Starr investigation but knows nothing about the long- into a witness or give you information that became public. The managers disingen- since ended improper aspects of that could get you in trouble. I just wouldn’t uously have suggested in their exhibit, relationship—we have a conversation talk. I, by and large, didn’t talk to people the one they distributed on Saturday, that was the product of the emotions about this. Q. If all of these people—let’s leave out that this conversation occurred after that were churning through the Presi- Mrs. Currie for a minute. Vernon Jordan, Sid the Post story appeared. If you look at dent’s very soul on that day. What we Blumenthal, John Podesta, Harold Ickes, Er- the exhibit that was used on Saturday, do not have is an attempt to corruptly skine Bowles, Harry Thomasson, after the you will see: January 20, Post story is influence the testimony of the witness. story broke, after Judge Starr’s involvement February 8, 1999 CONGRESSIONAL RECORD — SENATE S1353 was known on January 21st, have said that I have heard Marlene Dietrich’s name handed down to us as the standard for you denied a sexual relationship with them. used as a pejorative—what was Man- removing a President. Ask what im- Are you denying that? ager BRYANT saying about Ms. peachment and removal would mean to PRESIDENT CLINTON. No. Q. And you’ve told us that you—— Lewinsky? That she was lying? That our system of government in years to PRESIDENT CLINTON. I’m just telling she misled the managers? That because come. Ask what you always ask in this you what I meant by it. I told you what I her testimony helped the President, Chamber: What is best for the country? meant by it when they started this deposi- they were now going to attack her No, the President wouldn’t allow any tion. character and her integrity? I don’t of us to say ‘‘so what,’’ to so much as Q. You’ve told us now that you were being careful, but that it might have been mislead- know how many of you have seen ‘‘Wit- suggest that what he has done can sim- ing. Is that correct? ness For The Prosecution,’’ either be- ply be forgotten. He has asked for for- PRESIDENT CLINTON. It might have fore or after Mr. BRYANT used that ex- giveness from his family and from the been. Since we have seen this four-year, $40- ample, but ask yourselves: What was American people, and he has asked for million-investigation come own to parsing he saying? What was he doing? the opportunity to earn back their the definition of sex, I think it might have Ladies and gentlemen of the Senate, trust. been. I don’t think at the time that I I don’t know whether there is a market In his opening remarks, Manager thought that’s what this was going to be for used pillars, but they are all lying HYDE questioned whether this Presi- about. In fact, if you remember the headlines at the time, even you mentioned the Post in the dust. dent can represent the interests of our story. All the headlines were—and all the It is difficult for me as a lawyer, as country in the world. Go to Ireland and talking, people who talked about this, in- an advocate for my client, to speak to ask that question. Go to Israel and cluding a lot who have been quite sympa- this body about lofty constitutional Gaza and ask that question. If you thetic to your operation, said, well, this is principles without seeming merely to doubt whether he should, here at home, not really a story about sex, or this is a engage in empty rhetoric. But I would continue in office, ask the parent story about subornation of perjury and these like to think, I guess, that if there whose child walks safer streets or the talking points, and all this other stuff. So, were ever a forum in which I could ven- men and women who go off to work in what I was trying to do was to give them ture into that realm, be excused for something they could—that would be true, the morning to good jobs. even if misleading in the context of this dep- doing so, could be heard without the We are together, I think, weavers of osition, and keep them out of trouble, and intervening filter of skepticism that I a constitutional fabric in which all of let’s deal—and deal with what I thought was fear too often lies between lawyer and us now are clothed and generations will the almost ludicrous suggestion that I had listener, this is the time and this is the be clothed for millennia to come. We urged someone to lie or tried to suborn per- moment. Only once before in our Na- cannot leave even the smallest flaw in jury, in other words. tion’s history has any lawyer had the that fabric, for if we do, one day some- Now, it is clear from that excerpt, I opportunity to make a closing argu- one will come along and pull a thread think, that in the hours and days im- ment on behalf of the President of the and the flaw will grow and it will eat mediately following the release of the United States and only once before has away at the fabric around it and soon Post story, the President was strug- the Senate ever had to sit in judgment the entire cloth will begin to unravel. gling with two competing concerns: on the head of the executive branch. We must be as close to perfect in what How to give some explanation to the We all must cast an eye to the past, we do here today as women and men men and women he worked with every looking over our shoulders to be sure are capable of being. If there is doubt day, and worked with most closely, that we have learned the right lessons about our course, surely we must take without putting them in a position of from those who have sat in this Cham- special care, as we hold the fabric of being grand jury witnesses. But he was ber before us. But we also must look to democracy in our hands, to leave it as not in any sense seeking to tamper the future, to be sure that we leave the we found it, tightly woven and strong. with them or to obstruct the grand right lessons to those who come after Now, before today I wrote down the jury’s investigation. us. We hope that no one will ever have following: ‘‘The rules say that the Putting aside for the moment our need of them, but if they should, we managers will have the last word.’’ strenuous disagreement both with the owe them not only the proper judg- Well, the rules today say the managers factual underpinning of and the legal ment for today but the proper judg- will have the last paragraphs. But that conclusions that flow from the man- ment for all time. truly isn’t so, because even when they agers’ analysis of these events, I find it Now, you have heard the managers are finished, theirs will not be the last difficult to figure out how it is that tell you very early on in these meet- voices you hear. Yes, one or more of they believe the President intended ings that we have advanced a, quote, them will now rise and come to the po- that his statement to Mr. Blumenthal ‘‘so what’’ defense; that we are saying dium and tell you that they have the or his statement to Mr. Podesta would that the President’s conduct is really right of it and we the wrong, that our involve their conveying false informa- nothing to be concerned about; that we sense of what the Constitution de- tion to the grand jury, or that he should all simply go home and ignore mands is not theirs and should not be sought in some fashion to send that what he has done. And that, of course, yours. That is their privilege. message to the grand jury when, at the to choose a word that would have been But as each of them does come before very moment that those aides were familiar to the framers themselves, is you for the final time, and as you lis- first subpoenaed, he asserted executive balderdash. ten to them, I know that you will hear privilege to prevent them from testify- If you want to see ‘‘so what’’ in ac- not their eloquence, as grand as it may ing before the grand jury. For someone tion, look elsewhere. ‘‘So what’’ if the be; not the pointed jibes of Manager who wanted Mr. Blumenthal to serve, framers reserved impeachment and re- HUTCHINSON nor the stentorian tones of as the managers would have it, as his moval for only those offenses that Manager ROGAN nor the homespun messenger of lies, that is strange be- threaten the state? ‘‘So what’’ if the homilies of Manager GRAHAM nor the havior indeed. House Judiciary Committee didn’t grave exhortations of Manager HYDE, Now, there is an issue here that I quite do their constitutional job, if but voices of greater eloquence than don’t really want to get into at length, they took the independent counsel’s re- any of us can muster, the voices of and I, not having heard the last 2 hours ferral and added a few frills and then Madison and Hamilton and the others of the managers’ presentation, don’t washed their hands of it? ‘‘So what’’ if who met in Philadelphia 212 years ago, know whether they are going to get the House approved articles that and the voices of the generations since, into, and that is Manager GRAHAM’s fa- wouldn’t pass muster in any court in and the voices of the American people vorite issue, the question of whether the land? ‘‘So what’’ if the managers now, and the voices of generations to there was some scheme to smear have been creating their own theories come. These, not the voices of mere ad- Monica Lewinsky—early, middle, or of impeachment as they go long? And vocates, must be your guide. late. Other than to say that no such ‘‘so what,’’ and ‘‘so what,’’ and ‘‘so It has been an honor for all of us to plan ever existed, I just want to ask what?’’ appear before you in these last weeks the managers this. Although I must By contrast, what we offer is not ‘‘so on behalf of the President. And now admit that for the first time in my life what,’’ but this: Ask what the framers our last words to you, which are the S1354 CONGRESSIONAL RECORD — SENATE February 8, 1999 words I began with: William Jefferson commit most, if not all, of the crimes witness list, this is going to be really hard Clinton is not guilty of the charges he is charged with under these articles for us, we’re going to have to tell the truth that have been brought against him. of impeachment. I suspect that a great and be humiliated in front of the entire He did not commit perjury. He did not many of you share my view that these world about what we’ve done,’’ which I would have fought him on probably. That was dif- commit obstruction of justice. He must are high crimes and misdemeanors. ferent. And by him not calling me and saying not be removed from office. But nonetheless, it is my understand- that, you know, I knew what that meant. Thank you very much. ing that some of you who share these ... Mr. LOTT addressed the Chair. views are not prepared to vote to con- ‘‘I knew what that meant.’’ The CHIEF JUSTICE. The Chair rec- vict the President and remove him She lied in that affidavit. The Presi- ognizes the majority leader. from office. That instead, you are of dent, clearly, intended to influence her RECESS the mind at the moment—subject to by suggesting the affidavit and all the Mr. LOTT. Mr. President, I ask unan- our persuading you otherwise —in your other things that went on in that con- imous consent we take a 15-minute re- own debate, to acquit him. versation, and all of the circumstances Ultimately, the choice is yours, not cess. that were there. There being no objection, at 4:19 p.m. ours. But a few moments I would like Monica Lewinsky was equally clear the Senate recessed until 4:41 p.m.; to spend with you reviewing just a few in her testimony to you Saturday that whereupon, the Senate reassembled of the facts—not many—and suggesting Betty Currie called her about the gifts, when called to order by the Chief Jus- to you what I believe we managers not the other way around. And surely tice. would believe would be some very sig- nobody believes that Betty Currie The CHIEF JUSTICE. The Senate nificant negative consequences of fail- would have called Monica Lewinsky will be in order. The Chair recognizes ing to remove this President. about the gifts on December 28 unless Having heard all of the evidence over the majority leader. the President had asked her to do so. Mr. LOTT. Mr. Chief Justice, I be- the past few days and weeks, there And then the day after the Presi- lieve now we are ready to proceed with should be little doubt that beginning in dent’s deposition in the Jones case, the the managers from the House. I under- December 1997 William Jefferson Clin- President clearly committed the stand that they do have a 2-hour pres- ton set out on a course of conduct de- crimes of witness tampering and ob- entation. I will look for guidance from signed to keep from the Jones court struction of justice when, in logical an- the Chief Justice about whether we the true nature of his relationship with ticipation of Betty Currie being called should take a break for the last 45 Monica Lewinsky. Once he knew he as a witness, he said to Betty Currie, minutes— that would be after Mr. Man- would have to testify, he knew he was ‘‘You were always there when she was ager Rogan—if at all. going to lie in his deposition. And he there, right? We were never really The CHIEF JUSTICE. Very well. knew he was going to have to lie, not alone. You could see and hear every- The Chair recognizes Mr. Manager only himself but get Monica Lewinsky thing. Monica came on to me and I MCCOLLUM. to lie—if he was going to be success- never touched her, right? She wanted Mr. Manager MCCOLLUM. Thank ful—and he was going to have to get to have sex with me and I can’t do you, Mr. Chief Justice and Members of his personal secretary to lie about his that.’’ the Senate. relationship, and have his aides and I am not going to rehash all of the At the outset of my closing remarks, others help cover them up if he would evidence in this case again, but it is I would like to lay the record straight be successful in lying in the Jones my understanding that some of you on a couple of matters. With all due court deposition. may be prepared to vote to convict the He did all of these things. And then deference to White House counsel, the President on obstruction of justice and he chose to lie to the grand jury again, suggestion that Mr. Ruff made at the not on perjury. I don’t know how you because if he did not, he would have beginning of his closing, that we were can do that. I honestly don’t know how not been able to protect himself from somehow being unfair to him on the anybody can do that. If you believe the crimes he had already committed. timing today of the rebuttal, seems to Sidney Blumenthal’s testimony that No amount of arguments by White me to be a little strained. ‘‘Methinks the President told him that Monica House counsel can erase one simple thou doth protest too much,’’ was a re- Lewinsky came at him and made a sex- fact: If you believe Monica Lewinsky, mark I used earlier, a quote from ual demand and that he rebuffed her you cannot believe the President. If Shakespeare, and I think it is appro- and that she threatened him and said you believe Monica Lewinsky, the priate here, too, because if you recall, she would tell people they had had an President committed most of the we had no rebuttal at all as you nor- affair, and that she was known as a crimes with which he is charged in mally would have in the end of our stalker among her peers, surely you these arguments today. case, to begin with. Secondly, we must conclude that the President com- thought we ought to have live wit- For example, while the President did not directly tell her to lie, he never ad- mitted perjury when he told the grand nesses here. We haven’t had those. The jury that he told his aides, including list could go on. I really don’t think we vised her what to put in her affidavit, she knew from the December 17 tele- Blumenthal, nothing but the truth, are being unfair. even if misleading. Secondly, I would like to make one phone conversation with the President that he meant for her to lie about the The exact quotes, people are worried correction and make a clear point. I about the exact quotes. What are the am sure it was not intended, but in relationship and file a false affidavit, and he would lie as well. words? your remarks, I believe, Mr. Ruff, you And so I said to them things that were true indicated there was no history with re- I want to refresh your recollection. These charts we put up some time be- about this relationship . . . so, I said things gard to ‘‘beyond a reasonable doubt’’ that were true. They may have been mislead- standard. Maybe I misunderstood that, fore—you have them in front of you. ing . . . so, what I was trying to do was to but I want the record to be clear that This is a direct quote from her. We give them something that could—that would in the Claiborne case there was, in fact, showed this on television Saturday, be true, even if misleading. . .. a vote that took place here in the case where she was reading from her grand That was played on television in the of Judge Claiborne, 75–17, saying that jury deposition and confirming, this is, White House presentation a few min- that standard did not apply to im- indeed, what she said and what she— utes ago. That was perjury. What he peachment cases. her interpretation of that affidavit, told Sidney Blumenthal was not true. Now, having said that, I would like phone conversation, despite everything It wasn’t just misleading, it was not to move on to my own thoughts. Not- else you heard. true. And he knew it was not true and withstanding the clever and resource- She said: it was perjury in front of the grand ful arguments that White House coun- For me, the best way to explain how I feel jury. sel have made to you today, and in the what happened was, you know, no one asked If you believe the President commit- me or encouraged me to lie, but no one dis- past few weeks, I suspect that most of couraged me either. . . . ted the crimes of witness tampering you—probably more than two-thirds— . . . It wasn’t as if the President called me and obstruction of justice when he believe that the President did, indeed, and said, ‘‘You know, Monica you’re on the called Betty Currie to his office the February 8, 1999 CONGRESSIONAL RECORD — SENATE S1355 day after his deposition and told her, amount of sentencing than simple, ular will to do so, by voting to acquit ‘‘You were always there when she was, plain ‘‘vanilla’’ bribery does. That is you will be setting a precedent for fu- right’’—the ones I just read to you, and where they start. He is right, you can ture impeachment trials. the other statements to coach her— get enhancements for aggravating cir- Can you imagine how damaging that surely you must also conclude that the cumstances for bribery in certain could be to our constitutional form of President committed perjury before cases, and you can get a greater sen- government, to set the precedent that the grand jury when he told the grand tence. But so can you get a greater sen- no President will be removed from of- jurors his purpose in making these tence for perjury if there was a signifi- fice for high crimes and misdemeanors statements. cant effort to wrongfully influence the unless the polls show that the public These are his exact words to the administration of justice, for example; wants that to happen? Would our grand jurors: and you can get a significantly en- Founding Fathers have ever envisioned I was trying to figure out what the facts hanced sentence for perjury if you com- that? Of course not. Our Constitution were. I was trying to remember. I was trying mitted perjury, and so on. was structured to avoid this very situa- to remember every time I had seen Ms. We didn’t choose to bring up a litany tion. Lewinsky. and show all the enhancements. Of Fourth: Then there is what happens That is not true. He knew that was course, you can do that. But for the to the rule of law if you vote to acquit. not true. That is not what he was pure base, there is no question about What damage is done for future genera- doing. No one can rationally reason it. tions by a vote to acquit? Will more that that is what he was trying to do The other significant thing that you witnesses be inclined to commit per- when he made the coaching statements will recall I brought up—some of us jury in trials? Will more jurors decide to Ms. Currie. That was perjury in did—a couple of weeks ago is witness that perjury and obstruction of justice front of the grand jury. bribery. Bribing a witness is treated should not be crimes for which they And then we have heard a lot of talk more severely under sentencing guide- convict? No military officer, no Cabi- about the civil deposition. Nobody is lines for base sentencing than ordinary net official, no judge, no CEO of a trying to prove up that deposition or is bribery is. Clearly, all three are high major corporation, no president of a lying in here today. Nobody is trying crimes and misdemeanors. university, no principal of a public to use that as a duplication or any- What are the consequences of failing school in this Nation would remain in office, no matter how popular they thing else of the sort. But the Presi- to remove this President from office if were, if they committed perjury and dent said before the grand jurors: you believe he committed the crimes of obstruction of justice as charged here. My goal— perjury and obstruction of justice? What are the consequences of failing to To vote to acquit puts the President Talking about the Jones case do that? What is the downside? on a pedestal which says that, as long deposition— First, at the very least, you will as he is popular, we are going to treat in this deposition was to be truthful .... leave a precedent of doubt as to wheth- him differently with regard to keeping That is the lie. That is the perjury. er perjury and obstruction of justice his job than any other person in any That is as simple as the second count are high crimes and misdemeanors in other position of public trust in the of the perjury article is. Does anybody impeaching the President. In fact, your United States of America. The Presi- believe, after hearing all of this, that vote to acquit under these cir- dent is the Commander in Chief; he is the goal of the President in the Jones cumstances may well mean that no the chief law enforcement officer; he is deposition was to be truthful? He lied President in the future will ever be im- the man who appoints the Cabinet; he appoints the judges. to the grand jury and committed per- peached or removed for perjury or ob- Are you going to put on the record jury. struction of justice. Is that the record Last but not least, if you believe books the precedent that all who serve that you want? under the President and whom he has Monica Lewinsky about the acts of a Second, you will be establishing the appointed will be held to a higher sexual nature that they engaged in, precedent that the standard for im- standard than the President? What leg- how can you not conclude the Presi- peachment and removal of a President acy to history is this? What mischief dent committed perjury when he spe- is different from that of impeaching or have you wrought to our Constitution, cifically denied those acts? Those were removing a judge or any other official to our system of government, to the very explicit. Mr. Ruff suggested that while, arguably—although it never values and principles cherished by fu- maybe this is a subjective question. happened—a Federal judge could be re- ture generations of Americans? All this Maybe about the interpretation of the moved for the lesser standard under because—I guess this is the argument— definition you might call it subjective. the good behavior clause of the Con- Clinton was elected and is popular with We are not going to go over it again stitution. Such a removal would have the people? All this, when it is clear today, but he used specific words that to be by a separate tribunal, by a pro- that a vote to convict would amount to he confirmed were in that definition cedure set by statute, because under nothing more than the peaceful, or- and said, ‘‘I did not do those things. I the impeachment provisions of the derly, and immediate transition of gov- did not touch those parts.’’ Monica Constitution which all judges have ernment of the Presidency to the Vice Lewinsky, if you believe her, testified been removed under previously, the that he did do those things—many President? same single standard exists for remov- William Jefferson Clinton is not a times. ing the President as for removing a king; he is our President. You have the He committed perjury when he said judge. That standard is that you have power and the duty to remove him he didn’t do those things, if you believe to have treason, bribery, or other high from office for high crimes and mis- Monica Lewinsky. If you are going to crimes and misdemeanors. demeanors. I implore you to muster vote to convict the President on the ar- So while the Constitution on its face the courage of your convictions, to ticles of impeachment regarding ob- does not make a distinction for remov- muster the courage the Founding Fa- struction of justice, I urge you in the ing a President or removing a judge, if thers believed that the Senate would strongest way to also vote to convict you vote to acquit, believing that the always have in times like these. Wil- him on the perjury article as well. I President committed perjury and ob- liam Jefferson Clinton has committed think you would be doing a disservice struction of justice, for all times you high crimes and misdemeanors. Con- not to do that, and it would be sending are going to set a precedent that there vict him and remove him. a terrible message about perjury and is such a distinction. I yield to Mr. CANADY. the seriousness of it for history and to Third, if you believe the President The CHIEF JUSTICE. The Chair rec- the American people. committed the crimes of perjury and ognizes Mr. Manager CANADY. As you have seen in the Federal Sen- obstruction of justice and that they are Mr. Manager CANADY. Thank you, tencing Guidelines, which Mr. Ruff high crimes and misdemeanors, but Mr. Chief Justice. talked about a while ago, perjury and you do not believe a President should Members of the Senate, during the obstruction of justice do have, under be removed when economic times are next few minutes I would like to ad- the baseline guidelines, a higher good and it is strongly against the pop- dress the constitutional issue you are S1356 CONGRESSIONAL RECORD — SENATE February 8, 1999 called on to decide in this case: Are the issue by the President’s lawyers in the oath are incompatible with the proper crimes charged against the President course of their various presentations to performance of the constitutional du- offenses for which he may be removed the Senate. Could it be that the Presi- ties of the Presidential office. A Presi- from office? Are these crimes high dent’s lawyers have come to under- dent who has lied under oath and ob- crimes and misdemeanors? Are these stand that the argument that tax fraud structed justice has by definition crimes that proceed, as Alexander is not an impeachable offense does not breached his constitutional duty to Hamilton said, ‘‘from the abuse or vio- strengthen their case, but on the con- take care that the laws be faithfully lation of some public trust’’? trary highlights the weakness of their executed. The President’s lawyers have argued case? Tax fraud by a President, like Such conduct is directly and unam- vigorously that even if all the charges lying under oath and obstruction of biguously at odds with the duties of against the President are true, the justice by a President in this case, this office. So far so good. But here is Constitution forbids the removal of would of course be wrong. It would be the real question. Is that conduct seri- this President. They contend that this shameful, indefensible, unforgivable, ously incompatible with the Presi- isn’t even a close case, that the crimes but—this is the big ‘‘but’’—it would not dent’s constitutional duties? charged against the President are far be impeachable, they say; not even a That is the question you all must an- removed from the constitutional cat- close case. Bad? Yes. But clearly not swer. If you say yes, it is seriously in- egory of high crimes and misdemean- impeachable. And why that? Why compatible, you must vote to convict ors—a category of offenses they have would it not be impeachable? Why is it and remove the President. If you say sought to restrict narrowly to mis- clearly, unquestionably unimpeach- no, you must vote to acquit. conduct causing ruinous harm to the able? This is the answer. This is the The President’s defenders have not system of government. heart and soul of the President’s de- offered a clear guide to determining While the President’s lawyers have fense. Tax fraud and a host of unde- what is serious enough to justify re- been consistent in urging a narrow and fined other crimes, like lying under moval. Instead, they have simply restricted understanding of the im- oath and obstruction of justice in this sought to minimize the significance of peachment and removal power, they case, are just not serious enough for the particular offenses charged against have not been—and I repeat—they have impeachment and removal. That is the the President. not been consistent in describing the answer. That is the defense. It is just Today we heard and attempt to mini- standard used to determine if high not serious enough. All the grand legal mize the significance of perjury. I was crimes and misdemeanors have been argument, all the fine legal distinc- somewhat amazed to hear that. There committed. tions come down to the simple, this was no mention made of what the first In their submission to the House of marvelously simple proposition. It is Chief Justice of the United States, Jus- Representatives they stated unequivo- just not serious enough. tice Jay, had to say about perjury, cally that ‘‘the Constitution requires Let me refer you once again to a being of all crimes the most pernicious proof of official misconduct for im- statement from the 1974 Report on Con- to society. That was omitted from the peachment.’’ Those are their words. I stitutional Grounds for Presidential President’s analysis. quote them again. ‘‘The Constitution Impeachment prepared by the staff of But let me say this: I believe that we requires proof of official misconduct the Nixon impeachment inquiry. I want should focus on any mitigating cir- for impeachment.’’ Indeed, that state- to cite a portion of that report that I cumstances. We should also focus on ment was the primary heading for their have previously cited to you. The the aggravating circumstances that re- whole argument on constitutional President’s lawyers have also cited this late to the particular facts of a given standards. And likewise, in their trial very same statement in both their trial case. I would like to briefly review the memorandum submitted to the Senate, memorandum and their argument dur- factors advanced at mitigating the se- they argue that impeachment should ing these proceedings. riousness of the President’s crimes. not be used to punish private mis- This is what the report says: We all know what the leading miti- conduct. Because impeachment of a President is a Subsequently they have apparently grave step for the Nation it is to be predi- gating factor is. We have all heard this abandoned this position, recognizing cated only upon conduct seriously incompat- 1,000 times. It goes like this: The of- that it would lead to the absurd result ible with either constitutional form and fenses are not sufficiently serious be- principles of our government or the proper cause it is all about sex. This is di- of maintaining in office Presidents who performance of constitutional duties of the were undoubtedly unfit to serve. They rectly linked to the claim that the Presidential office. For our purposes now, President was simply trying to avoid now begrudgingly concede that a Presi- impeachment is to be predicated only upon dent is not necessarily impeached and conduct seriously incompatible, or the prop- personal embarrassment in committing removed simply because these crimes er performance of constitutional duties of these crimes. The problem with this ar- did not involve the abuse of powers of the Presidential office. gument is that it proves too much. his office. They have been driven to That is a standard the managers ac- It is very common for people to lie concede there are at least some cir- cept. That is a standard the President’s under oath and obstruct justice to do cumstances in which a President may lawyers apparently also accept, and so at least in part to avoid personal be removed for crimes not involving that is a standard I hope all 100 Mem- embarrassment. People engage in such what they call ‘‘official misconduct.’’ bers of the U.S. Senate could accept. I conduct in their efforts to extricate But, of course, they contend that the believe we can reach agreement on this themselves from difficulty and embar- circumstances in this case don’t even standard. The problem comes, of rassing situations. To a large extent, justify consideration of removal. course, in applying the standard. There the offenses of President Nixon could In the proceedings in the House and is the rub. A wide gulf separates us on be attributed to his desire to avoid em- in their trial memorandum submitted how this standard should be applied. barrassing revelations. Did that reduce to the Senate, the President’s lawyers The President’s lawyers say that under his culpability? Did that lessen the se- made much of the argument that tax this standard the case against the riousness of his misconduct? The an- fraud by a President of the United President isn’t even worth considering. swer is obvious. It did not. States would not be sufficiently serious The managers argue on the contrary, The desire to avoid embarrassment is to justify impeachment and removal. I that a conscientious application of the not a mitigating factor. Likewise, the had mentioned this before in these pro- standard leads to the firm conclusion nature of the precipitating misconduct ceedings. And I mention it again now that the President should be convicted of a sexual affair does not mitigate the because it vividly demonstrates the and removed. seriousness of the President’s crimes. If low standard of integrity, the patheti- Our fundamental difference goes to you accept the argument that it is just cally low standard of integrity that the issue of seriousness. It all goes about sex, you will render the law of would be established for the Presidency back to the claim of the President’s sexual harassment virtually meaning- if the arguments of the President’s lawyers that his offenses just are not less. Any defendant guilty of sexual lawyers are accepted by the Senate. serious enough to justify removal. harassment would obviously have an Perhaps I missed something. But I do I think we have agreement that ob- incentive to lie about any sexual mis- not recall any mention of the tax fraud struction of justice and lying under conduct that may have occurred. But February 8, 1999 CONGRESSIONAL RECORD — SENATE S1357 no one—no one—has the license to lie prosecutors went down to the White guilty of something here. But I think under oath about sex in a sexual har- House, and William Jefferson Clinton that moots our entire debate. I don’t assment case or a divorce case or any sat there as President of the United think there is any need to even talk other case. States in the White House and he lied about the facts any longer because of I would suggest to you that an objec- to a Federal grand jury. He sat there in the poll. tive review of all the circumstances of the White House and he put on his I use that tongue in cheek because this case—and you need to look at all most sincere face. He swore to God to that seems to beg the question that we of the circumstances, all of the facts in tell the truth, and then he lied. He are also going to talk about today, and context—if you do that, you will be planned to lie, and he executed his plan that is whether the President ought to pointed not to mitigating factors, but because he believed it was in his per- be removed for his conduct. And one of to aggravating factors. sonal and political interests to lie. the arguments I have heard put for- The conduct of the President was cal- Never mind the oath of office. Never ward since we have been here is the culated and sustained. His subtle and mind the constitutional duty. Never fact that the polls support this Presi- determined purpose was corrupt. It was mind that he solemnly swore to God to dent and that the stability issue would corrupt from start to finish. He knew tell the truth. be in play. And that is simply not the exactly what he was doing. He knew Now, ask yourself this simple ques- case because we all clearly understand that it was in violation of the criminal tion: Was this course of conduct seri- that it is this body’s function to deter- law. He knew that people could go to ously incompatible with the Presi- mine not only the facts of this case, prison for doing such things. He knew dent’s duty as President? If this but also apply to it the law, as well as that it was contrary to his oath of of- doesn’t fall within the meaning of the the constitutional law as to the re- fice. He knew that it was incompatible offenses Alexander Hamilton described moval and conviction process. with his constitutional duty as Presi- as ‘‘proceeding from the abuse or viola- I still remain concerned with oppos- dent. And he most certainly knew that tion of some public trust,’’ tell me ing counsels’ continued reference that it was a very serious matter. I am sure what would. I would respectfully sug- the House managers want to win too he believed he could get away with it, gest to you that this is exactly the sort much. I know I am not that eloquent, but I am equally sure that he knew of conduct that the framers had in but I did try to make that point the just how serious it would be if the mind when they provided a remedy for other day, and I will make it again. If truth were known and understood. the removal of the Chief Executive who I have to take an oath to tell the truth, He knew all these things. In the is guilty of misconduct. I believe that the whole truth, and nothing but the midst of it all, he showed not the they would have rejected the argument truth, I will do that and tell you we are slightest concern for the honor, the that this deliberate, willful, stubborn, not trying to win at all costs. This has dignity, and the integrity of his high corrupt course of criminal conduct just been a process that I think has been office. When he called Ms. Lewinsky at isn’t serious enough for the constitu- healthy for this country, and regard- 2:30 in the morning, he was up to no tional remedy the framers established, less of the outcome—it is going to be in good, just as my colleague, Mr. a remedy that they designed to protect your hands very shortly. Regardless of GRAHAM, noted. He knew exactly what the health and integrity of our institu- the outcome, this country will benefit he was doing. When he called Ms. tions. not only in the short term but in the Currie into his office twice and told her Those who established our Constitu- long term from this debate. lies about his relationship with Ms. tion would have understood the seri- There are many, many other issues Lewinsky, he knew exactly what he ousness of the misconduct of William at stake here, and I tried to tell you a was doing. Jefferson Clinton. They would have un- few the other day, without this concept When he sent Ms. Currie to retrieve derstood that it was the President who that all we want to do is win, as if it is the gifts from Ms. Lewinsky—and that has shown contempt for the Constitu- a simple game. We have been over the is the only way it happened—he knew tion, not the managers from the House last 4 weeks, as men and women, as or- exactly what he was doing. He was of Representatives. They would have dinary men and women I might say, in- tampering with witnesses and obstruct- understood the seriousness of the ex- volved in an extraordinary process. It ing justice. He was doing everything he ample of lawlessness he has set. They is uniquely thorough. And we have could to make sure that Paula Jones would have understood the seriousness tried to blend the facts of this case did not get the evidence that a Federal of the contempt for the law the Presi- with the law of the charges, together district judge had determined and or- dent’s conduct has caused. They would with the politics and the polls and the dered that she was entitled to receive. have understood the seriousness of the media, and we have had to make some He was doing everything he could to damage the President has done to the tough decisions. We have had to make avoid adverse legal consequences in the integrity of his high office. Those wise some difficult decisions—I know we Jones case. That is what he planned to statesmen who established our form of have on our side—as to what witnesses do, and that is what he did. And to cap government would have understood the to call, how to treat these witnesses in it all off, he went before the Federal seriousness of the harm President Clin- depositions. I know on this side they grand jury and lied. ton has done to the cause of justice and have had to make difficult calls, I am Whatever you may think about the constitutional government. They sure. There has been some talk about President’s testimony to the grand would have understood that a Presi- having the President come down or not jury, one thing is clear. He didn’t lie to dent who does such things should not coming down. And what has in large the grand jury to avoid personal em- remain in office with his crimes. part made this process distinct from barrassment. The DNA on the dress had Ladies and gentlemen of the Senate, past impeachments—and I am talking ensured his personal embarrassment. for the sake of justice and for the sake about the one last century of the Presi- There was no avoiding that. There was of the Constitution, this President dent—and the subsequent judicial im- no way to explain away the DNA. The should be convicted and removed. peachments has been just, it seems, the stakes were higher before the Federal The CHIEF JUSTICE. The Chair rec- media and the daily grind on all of us, grand jury. This wasn’t about avoiding ognizes Mr. Manager BRYANT. the critiques. It is almost as if we are personal embarrassment. This wasn’t Mr. Manager BRYANT. Thank you, performing, we are in a play, and every about avoiding liability in a sexual Mr. Chief Justice. day we get a review. We have been harassment case. This was a Federal Members of the Senate, the distin- good, bad or indifferent. criminal investigation concerning guished colleagues of the bar represent- What concerns me most about that is crimes against the system of justice. ing the President, I want to commend that as you move to the very serious This was about lying under oath and them for an outstanding effort that issue of deciding whether or not this obstructing justice in the Jones case. they have made throughout these pro- President should be convicted based on And what did he do when he testified ceedings and tell them that I just read the facts, and whether this President to the grand jury? He said anything he a poll from a couple days ago, that should be removed, I am concerned thought he needed to say to avoid re- something over 80 percent of the Amer- that people are stretching the trees. sponsibility for his prior crimes. The ican people believe the President is And if that is what you see on TV and S1358 CONGRESSIONAL RECORD — SENATE February 8, 1999 that is what you read in the paper, you this was a critical affidavit at that dress just a couple of points on the con- are going to see the trees and not the time which was going to cut off critical stitutional issue of the conviction and forest here and miss the big picture. testimony in that case, and you can the removal, because White House That is so important. It is not about just about guarantee, I would say 100 counsel very, very well argued the the personalities of these people or the percent, that the President was indeed issue of proportionality. And, again, personalities here or the politics in- listening very carefully, knew that his proportionality simply means that the volved or the polls, but it is about the lawyer was submitting a false affidavit, legacy of this Senate and this Congress facts. And ladies and gentlemen of the and did nothing to stop it. That is an- will be that we have destroyed sexual Senate, there are conclusive facts here other count of obstruction of justice. harassment laws because what we are that support a conviction. The Presi- Tampering with Betty Currie—two going to say—when you argue that pro- dent and his attorneys, as I said the occasions. And they say, well, nothing portionality, think about what it is. other day, have made a good defense happened between the first time and We have heard this issue about, and have tried to paint a picture to the the second time. I am not so sure le- ‘‘Well, back in my hometown, 80 per- facts I think that simply does not gally that matters. It was 2 or 3 days cent of the people who get divorces lie match with logic or common sense. after it happened, 2 or 3—the day fol- about this issue.’’ Certainly we don’t Take, for instance, the affidavit. lowing his deposition and 2 or 3 days want that to be the legacy of this Con- Now, we continue to see Ms. Lewinsky after that. Initially, remember his de- gress, that we legitimate lying in di- testifying on video that she never fense was: I was simply trying to recall vorce cases; nor would we want to have talked with the President that night or what happened. And then we brought the legitimacy of this Congress being never made—about linking the false up the fact: Why did you go the second that we did not support the sexual har- story, the concocted story with the af- time? Did you have a short memory? assment laws, because you know and I fidavit. And Mr. Ruff, I think, chal- Didn’t you get it right the first time? know that this is an important part. lenged people to say, well, what do you And now we hear the defense today Going back and getting accurate, think the President meant to do that that nothing really changed and it is truthful testimony is absolutely essen- night when he called her at 2:30 in the really one issue there, one big tamper- tial in these types of cases. And if we morning? ing rather than two attempts to tam- send a message out on the proportion- Well, what do you think he intended per—still obstruction of justice. ality theory that it is just about sex to do in that call at 2:30 in the morn- The job situation Mr. HUTCHINSON and you can lie about it, it will be the ing? Do you think he called her to tell will talk about later. Mr. Blumenthal, wrong thing to do. her he had a Christmas present for her, the same thing; I am sure Mr. ROGAN The laws, like the facts, are a very or do you think his intent was to tell will talk about him in a minute. stubborn thing. And the fact that the her, which he did, that you have been But if you will look carefully, you economy is good and people are doing listed on the witness list and you could will see that the President is the only well—if the law has been broken, if per- be subpoenaed. And, you know, you thread that goes from each one of jury has been committed, if obstruc- might give an affidavit to avoid testi- these, from the very beginning, from tion of justice has been committed by fying. He suggested the affidavit, and the point when he met Monica this President, it is my belief that the then he said in that same conversation, Lewinsky and from that point when he fact that the economy is good should well, you know, you can always use looked at that pink pass and said: You not prevent this Senate from acting that cover story. know, that’s going to be a problem. and removing the President. Just as if Why would he suggest using a cover And you know why that was going to the economy were bad, you wouldn’t story that night? Were they even see- be a problem. Because that limited her want to be able to go in there and im- ing each other then? It belittles all rea- access to this President and what he peach the President because it is bad, sonable judgment to accept this type of was going to do. But from that point you don’t want to not impeach him defense of this conduct, that it was an until they terminated the relationship, simply because the economy is good. innocent phone conversation, the this President is involved in each one It is a difficult task. We have had a President really meant nothing by it, of these issues of the obstruction of difficult task bringing this case over to and the fact that Ms. Lewinsky said, justice. you. And I thank you. You have been well, I didn’t connect the two. But look It is always him, by himself, testify- here the 4 weeks in attendance. You at what she did. She went to her lawyer ing falsely, sitting there letting his paid attention. When it was your turn and used that concocted story in an af- lawyers submit a false affidavit, or it is to ask questions, you asked very good fidavit that she filed in the case. him and one other person—he and questions. You have been ready to lis- Now, it was in the draft affidavit. Monica Lewinsky talking about filing ten and I thank you for that. They took that out later for other rea- a false affidavit; he and Monica You have a difficult task ahead of sons. But she did tell her lawyer that, Lewinsky talking about a concocted you. I know when I voted on this I and they attempted to use it. But, story to testify. He and Betty Currie on thought, ‘‘If this were a Republican again, it is the President’s state of two occasions: Betty, you remember President, what would I do?’’ It is a mind that matters and what his intent the testimony was like this. tough choice. And I said, ‘‘But I really was on the false affidavit. He and John Podesta, Sidney think I would have voted the same way And then that same false affidavit Blumenthal, the many aides—talking I voted even if it were a Republican was later used in the court, and the to them individually, giving them a President.’’ I know. Like Mr. CHABOT, I President knew it was false. He knew it false story. As Mr. HUTCHINSON pointed voted for Mr. Carter in 1976. I voted for was false—used in the deposition. And out so well in his argument the other Mr. Reagan in 1980, I might add, but I we have seen the deposition testimony, day, it is always a private issue in voted for Mr. Carter in 1976 after the with the President sitting, listening to terms of no one else knows what is 1974 incident. his lawyer talk about that affidavit going on. Vernon Jordan didn’t know It is tough. And what has made it aw- when he submitted it. And he ob- what was happening with the affidavit, fully hard is that you all have also structed justice by not objecting at necessarily. Betty Currie didn’t under- taken an oath to do impartial justice. that point, not instructing his own stand what was happening with the af- I simply ask you, as you consider these lawyer: Don’t put that false evidence fidavit, or the job search, to the point facts and do impartial justice, that you into this testimony. that they knew what was going on. set a standard that, if you believe the People stand up and laugh and say, Look at and analyze each one of these President indeed did commit either you know, he was not paying any at- and you will see that there is a perjury or obstruction of justice or tention, and they got this silly affida- compartmentalization going on with both of those, that you set that stand- vit from this guy who was there and this President. And he is at the center ard high for the President, for the next said he was looking at his lawyer but of it each time. President, for the next generations; he couldn’t tell what he was thinking. Now, what do we do with it? What do you set that standard high for our Of course he couldn’t tell what he was you do with it? It is going to be in your courts that have to deal with perjury thinking. Nobody is a mind reader. But hands very shortly, and I want to ad- and obstruction every day, with people February 8, 1999 CONGRESSIONAL RECORD — SENATE S1359 who are less than the President but yet the ambit of high crimes and mis- Some of the other arguments have who are watching, watching very close- demeanors. been handled by my colleagues, but Mr. ly what we do up here. But set that If there is any question of this pri- Ruff also said, Why have the managers standard high for the President. Don’t vate conduct versus personal conduct, never, never explained, if this is such lower our expectation in what we ex- that view is out there. Given the right an urgent matter for the President, pect of the President. And I think if type of personal misconduct, it is why did he wait until December 17 to you do that, if you look high, if you set clearly an impeachable offense. With tell Ms. Lewinsky that she was on the the standard high, that the right thing that, I call Mr. Manager HUTCHINSON to list? will be done. follow me. I am afraid Mr. Ruff failed to listen I have confidence and have trust, and The CHIEF JUSTICE. The Chair rec- to my opening presentation when I have just been so pleased with the way ognizes Mr. Manager HUTCHINSON. went through that timeframe. In that we have been received here. I know you Mr. Manager HUTCHINSON. Thank timeframe, the witness list came out will do the right thing. you, Mr. Chief Justice. on December 5, it continued to acceler- I apologize to you, as I will be talk- Ladies and gentlemen of the Senate, ate, December 11 was Judge Wright’s ing to you probably for my last time, if when I was appointed as a manager, I order. Then it was December 17 that I have come across being up here hoped to present the case before the the call was made at 2 a.m. in the preaching to you. It is not my intent to Senate with my colleagues in a manner morning to let Ms. Lewinsky know she lecture you. You do not need any lec- that was consistent with the dignity of was on the list. Why was it December tures from me or anyone else to preach this great body and also respectful of 17? This is in the President’s mind. No to you. I hope I have had that oppor- the constitutional independence of the one knows why he picked that particu- tunity to rebut some of the area—the Senate. I hope that you agree and be- lar date, but perhaps it was that the proof in the area that I am in charge lieve that we have done that as we job search was well underway then. He of. But I will just simply sit down by have come over here. felt like she could handle this distress- telling you there is conclusive proof During the months of this trial proc- ing information and, in fact, on the day here, particularly in terms of the ob- ess, I have grown to appreciate the in- after that call, she already had two struction of justice charges, of the hid- stitution of the Senate to a greater de- interviews lined up on that same day, ing of the evidence, of the filing of gree than ever before, but I think of December 18, set up by Mr. Jordan. So false affidavit. even more importance to me, I have perhaps it was an appropriate time to I think I did skip over the hiding of grown to respect the individuals that let her know she was on the witness the evidence. Let me just quickly say, comprise this body more than ever. Let list. I am not sure a lot new can be added to me say, it has been a privilege to ap- They raised the question about the what was said in the past. But if pear before you. Christmas gifts. You have the testi- Monica is telling the truth, as her law- As we come to the close of this case, mony of Betty Currie, you have the yers or as the President’s lawyers seem let’s go to the key questions that testimony of Ms. Lewinsky, and the to tell you, that is a no-brainer there, should be on your mind. First of all, issue is simply: Do you believe Monica because she says, ‘‘I know for a fact has the obstruction of justice and per- Lewinsky? If you accept her reluctant testimony, yet forceful and clear testi- that Ms. Currie called me, that she ini- jury cases been proven? Have the alle- mony, that the call came from Betty tiated the call.’’ And as I told you the gations been proven? My colleagues Currie, then you have no choice but to other day, from that point forward it have touched upon the perjury. Let me conclude that the retention of the seems to me a moot issue, because the talk about article II on the obstruction of justice. gifts, the retrieval of the gifts was ini- initiation of the phone call by Betty tiated by the President of the United Currie began a process to hide that evi- The White House defense team, com- posed of extraordinarily distinguished States. dence. And the only way that Betty When you go to the job search, and and talented attorneys, has tried to di- Currie would have known to make that they point to the testimony, they minish the significance of the over- call, to begin that process of hiding played the video of Mr. Jordan who evidence, would be to have had a con- whelming facts on obstruction by using said that there was never a conversa- versation with the President, to have certain phrases such as, ‘‘It’s all cir- tion in which both the job and the false been instructed that way. cumstantial,’’ or ‘‘The managers ignore affidavit were discussed together, they For the President, whose intent was those stubborn facts,’’ or ‘‘They want cut it off at that point. You remember to conceal the relationship, it would to win too badly,’’ or ‘‘It’s a shell with I had a ‘‘but’’ in there. If you had heard have been totally inconsistent for him no shell.’’ And today the latest catch further beyond that, you would have to suggest that she turn the evidence phrase, ‘‘moving targets, empty pots.’’ heard me cross-examining Mr. Jordan, over. It would have been totally con- Those are certainly quotable phrases as I did, and reminding him of his pre- sistent for him to ask Betty Currie to designed to diminish the factual pres- vious testimony in which he acknowl- go out and hide the evidence, get it entation with dripping sarcasm, but I edged that in every conversation with from Ms. Lewinsky and hide the evi- believe that they ignore the underlying Ms. Lewinsky, they talked about the dence. facts, testimony, and evidence that has job. So he acknowledged that they As I close, let me just tell you, too— been presented. talked about the job and the affidavit on the heels of Mr. CANADY—that there Let me just address a couple of argu- all in the same conversation together. are law professors who testified in our ments that Mr. Ruff has presented dur- Mr. Ruff makes the point that the hearing who have the contrary view to ing his presentation. managers got close enough to accuse the view that was expressed by other The first argument that he presented Mr. Jordan of telling Ms. Lewinsky to law professors that Mr. Ruff referred as he described it was a technical argu- destroy the notes, implying that we are to, that it is constitutional to impeach ment, that the article II obstruction of making up this. But is this evidence a President for conduct that is not justice charge in the articles of im- that is coming from the managers? It clearly official, that might be de- peachment on the lying to the aides is my recollection that it is testimony scribed as personal, particularly con- was not really in reference to the Fed- coming from Ms. Monica Lewinsky. We duct of perjury or obstruction of jus- eral civil rights case, and that is a true are not concocting this. It is testimony tice. statement. But if you read article II, from witnesses that have been brought Professor Turley says: paragraph 7, it refers to this and says: before this body, whose sworn testi- In my view, serious crimes in office, such . . .The false and misleading statements mony you have received, whose sworn as lying under oath before a federal grand made by William Jefferson Clinton were re- testimony they defended and rely upon, jury, have always been ‘‘malum in se’’ con- peated by the witnesses to the grand jury, but when it comes to this, they say, duct for a president and sufficient for im- causing the grand jury to receive false and ‘‘No, it’s the managers.’’ peachment. misleading information. Then they come to another pillar of Professor John McGinnis of Ben- The article is appropriately drafted, obstruction, the one that they avoid at jamin Cardozo Law School says that is well stated, and gives them total no- every opportunity, but finally ad- obstruction of justice is clearly within tice as to what that charge is about. dressed today, and that is the coaching S1360 CONGRESSIONAL RECORD — SENATE February 8, 1999 of Betty Currie. I was interested that stories, the suggestion that she could implication of this censure resolution they finally talked about this, the first use an affidavit. being discussed. coaching incident and then the second Direct testimony, was it direct proof I would emphasize that it is this body one. Mr. Ruff tried to go into that it is about the President’s tampering with that the founding fathers entrusted clear that it occurred on January 20 the testimony of Betty Currie? It was with the responsibility to determine rather than 21. In fact, it is her testi- Betty Currie herself who acknowledged whether a President’s conduct has mony that it occurred on one of those this and testified to it. No, this is not breached the public trust. And your de- days. But they miss the point. circumstantial evidence, it is direct cision in this body should conclude this The legal significance of the second testimony. matter. It should not be the initiation coaching episode is that it totally goes The same with Sidney Blumenthal. of another national drama that will be against the defense of the President— Direct testimony after direct testi- carried over the next 3 years. that it was there, he was doing this to mony painting a picture, setting up the And finally, there are some who con- acquire information, to get facts, to pillars of obstruction. sider the politics of this matter. We help in media inquiries. They want you to believe Monica have proven our case. I entered this If that is the case, there is absolutely Lewinsky sometimes, but they don’t body thinking that this was a legal, ju- no reason for it to be done on the sec- want you to believe her other times, dicial proceeding and not political. And ond occasion and, clearly, she was and you have to weigh her testimony. I have been reminded there are politi- known to be a witness at that time, I could go on with the facts, but the cal aspects under the Constitution to a and that is the legal significance. truth is that our case on obstruction of Senate trial. So I concede the point. It goes to his intent, his motive, justice has been established. Some of We are all familiar with ‘‘Profiles in what he is trying to do to a subordi- you might conclude, ‘‘Well, I accept Courage’’ written by John F. Kennedy. nate employee. The fact of this matter five or six of those pillars of obstruc- He reminds us of the courageous act of is that this is not a case that is based tion, but there is one I have a reserva- Senator Edmund G. Ross in voting for upon circumstantial evidence. On each tion about.’’ If you look at the article, the acquittal of President Andrew element of obstruction, there is direct if there is one element of obstruction Johnson in his impeachment trial. Sen- testimony linking the President to a that you accept and believe and you ator Ross was a profile in courage be- consistent pattern of conduct designed agree upon, then that is sufficient for cause he knew the case against Presi- to withhold information, conceal evi- conviction and, surely, it is sufficient dent Johnson was not legally suffi- dence and tamper with witnesses to to convict the President, if there was cient, even though the politically expe- avoid obedience and directives of a even one element of obstruction. dient vote was to vote for conviction. Federal court. I remind you that a typical jury in- Senator Ross followed the facts and he Let’s look at the direct proof, not struction on conspiracy for obstruction followed the law, and he voted his con- circumstantial evidence, but direct tes- would be that it takes only one overt science. It was to his political det- timony. act to satisfy the requirements for con- riment, but it reflected his political What did Vernon Jordan testify as to viction. The Government doesn’t have courage. the President’s involvement in the job to prove all the overt acts, just one Today we have a different cir- search? that was carried out. cumstance. The question is, Will the Question to Mr. Jordan: Another question some of you might Senators of this body have the political be thinking about is, Is this serious You’re acting in behalf of the President courage to follow the facts and the law when you’re trying to get Ms. Lewinsky a enough to warrant conviction and re- as did Senator Ross, despite enormous job and you were in control of the job moval? One of the foundations of our political pressure to ignore the facts search? judicial system is that any citizen, re- and the law and the Constitution? You His answer: gardless of position or power, has ac- will make that decision. cess to the court. Can you imagine the Yes. I appear before this body as an advo- shock and outrage of this body if a cor- cate. I am not paid for this special re- He was acting at the direction of the poration, in an effort to protect itself sponsibility. But I am here because I President and he was in control. from liability, concealed evidence and believe the Constitution requires me to What did Vernon Jordan testify he provided benefits to those witnesses make this case. The facts prove over- told the President when a job was se- who are cooperative? Outrage; injus- whelmingly that the President com- cured for a key witness and the false tice. And those are the allegations mitted obstruction of justice and per- affidavit was signed? against the tobacco companies. Those jury. Despite this belief, whatever con- Mr. President, she signed the affidavit, she are the allegations last night on CBS, clusion you reach will not be criticized signed the affidavit. ‘‘60 Minutes,’’ about a major corpora- by me. And I will respect this institu- Then the next day, the job is secured tion. And there should be outrage by tion regardless of the outcome. and the report to Betty Currie, the re- this body. We would rightfully be out- As the late Federal Judge Orin Harris port to the President, ‘‘Mission accom- raged about that. And we should also of Arkansas always said from the plished.’’ be outraged if it happened by the Presi- bench to the jury when I was trying Is this circumstantial evidence? This dent. It should be no less when it is cases—and I hated his instruction be- is direct testimony by a friend and con- conducted by the President. cause I was the prosecutor—but he fidante of the President, Vernon Jor- The next argument is: ‘‘Well, yes, the would tell the jury, ‘‘Remember, the dan. President should be held accountable, government never wins or loses a case. Who is the one person who clearly but he can always be prosecuted later. The government always wins when jus- knew all of the ingredients to make the In fact, I understand a censure resolu- tice is done.’’ Well, this is the Congress job search an obstruction of justice? It tion is being circulated emphasizing and this is the Senate. And it is your was the President who knew he had a that the President can be held crimi- responsibility to determine the facts dangerous relationship with Ms. nally responsible for his actions when and to let justice roll down like mighty Lewinsky. He knew his friend was se- he leaves office. This is not too subtle waters. curing a job at his direction, and he of a suggestion that the independent The CHIEF JUSTICE. The Chair rec- knew that a false affidavit was being counsel go ahead and file criminal ognizes Mr. Manager ROGAN. procured at his suggestion. He was the charges against the President.’’ Mr. Manager ROGAN. Mr. Chief Jus- one person who knew all the facts. I appreciate Judge Starr, but I do not tice, distinguished counsel for the Fourthly, Ms. Lewinsky, is this cir- believe that is what the country has in President, Members of the U.S. Senate, cumstantial evidence or direct testi- mind when they say they want to get for me the most poignant part of this mony when she talked about what the this matter over. I do not believe your entire proceeding was the day, a few President told her on December 17? She vote on the articles of impeachment weeks ago, when we were addressed by was a witness, and immediately follow- should be a signal to the independent the distinguished former Senator from ing the fact she was a witness, the sug- counsel to initiate criminal proceed- Arkansas, Dale Bumpers. And probably gestion that she could use the cover ings. It appears to me that that is the the thing that touched me most about February 8, 1999 CONGRESSIONAL RECORD — SENATE S1361 his presentation is when he talked This has been a very difficult pro- right to become President, no matter about the human element of what this ceeding for me and for my colleagues, how overwhelming his vote margin. impeachment proceeding has meant the House managers. But our presence Votes alone do not make a person and how difficult that has been. here isn’t out of personal animosity to- President of the United States. There It touched me because it made me re- ward our President. It is because we be- is a requirement that precedes obtain- member that that difficulty is not lim- lieve that, after reviewing all the evi- ing the power and authority of obtain- ited solely for Democrats in this Cham- dence, the President of the United ing the Presidency. It is the oath of of- ber. I am one of the House managers. I States had committed obstruction of fice. It is swearing to preserve, protect, am a Republican today. But that was justice and perjury, he had violated his and defend the Constitution. It is ac- not always the case. I used to be a oath of office; and in so doing he had cepting the obligation that the laws Democrat. And being a House manager sacrificed the principle that no person are to be faithfully executed. in the impeachment of President Clin- is above the law. And friendship and No oath, no Presidency. It is the oath ton has been especially difficult for me. personal affection could not control of office, and not public opinion polls, And I would like to tell you why. under those circumstances. that gives life and legitimacy to a Twenty years ago, in December 1978, Up until now, the idea that no person Presidency. This is true no matter how I was finishing my last semester of col- is above the law has been unques- popular an elected President may be, lege and had just applied to law school. tioned. And yet this standard is not our or how broad his margin of victory. I was waiting for my application to be inheritance automatically. Each gen- The founders did not intend the oath accepted someplace. And in December eration of Americans ultimately has to to be an afterthought or a technicality. of 1978, I was a delegate in Memphis, make that choice for themselves. Once They viewed it as an absolute require- TN, to the Democratic Midterm Con- again, it is a time for choosing. How ment before the highest office in the vention. will we respond? By impeaching the land was entrusted to any person. The Now, at that time President Carter President, the U.S. House of Represent- evidence shows the President repeat- was halfway through his term of office. atives made that choice. It went on edly violated his oath of office. Now He was not particularly popular among record as saying that our body would the focus shifts to your oath of office. the party faithful. There was a great not tolerate the most powerful man in The President hopes that in this Cham- deal of sentiment that a Member of the world trampling the constitutional ber the polls will govern. On behalf of this body today should challenge him rights of a lone woman, no matter how the House of Representatives, we en- for the nomination. That decision had obscure or humble she might be. treat you to require the Constitution We refused to ignore Presidential not yet been made, but among the dele- reign supreme. For if polls matter misconduct despite its minimization gates to that convention there was an more than the oath to uphold the law, by spin doctors, pundits, and, yes, even overwhelming desire to see Senator then yet another chip out of the mar- the polls. The personal popularity of TED KENNEDY appear. ble has been struck. any President pales when weighed The Carter White House froze Sen- The cry has also been raised that to against the fundamental concept that ator KENNEDY out of the proceedings. remove the President is to create a forever distinguishes us from every na- He was not invited to address the con- constitutional crisis by undoing an tion on the planet: No person is above vention. His name appeared nowhere in election. There is no constitutional cri- the program. So the delegates did the law. The House of Representatives jetti- sis when the simple process of the Con- something on their own. There were soned the spin and the propaganda. We stitution comes into play. Listen to workshops being held during the day, sought, and we have now presented, the the words of Dr. Larry Arnn of the and a workshop on health care was unvarnished truth. Now it is your un- Claremont Institute: called. And Senator KENNEDY was in- happy task to make the final deter- [E]lections have no higher standing under vited to fly out that day and address mination, face the truth, and polish our Constitution than the impeachment that workshop. He did that in the process. Both stem from provisions of the the Constitution, or allow this Presi- afternoon, and he left after he ad- Constitution. The people elect a president to dency, in the words of Chairman Henry dressed it. I had gone to a workshop do a constitutional job. They act under the Hyde, to take one more chip out of the that morning where President Carter Constitution when they do it. At the same marble. personally appeared, and my recollec- time they elect a Congress to do a different The Constitution solemnly required constitutional job. The president swears an tion is about 200 or 300 people came to President Clinton, as a condition of his oath to uphold the Constitution, both in that. Senator KENNEDY’s workshop had becoming President, to swear an oath elections and in the impeachment process. to be transferred to a large auditorium to preserve, protect and defend the If the president is guilty of acts justifying because about 2,000 people appeared to Constitution, and to take care that the impeachment, then he, not the Congress, will have ‘‘overturned the election.’’ He will have hear him. laws be faithfully executed. The Senator came, he spoke, and he acted in ways that betray the purpose of his That oath of obligation required the election. He will have acted not as a con- left. I stayed even though most people President to defend our laws that pro- left with him, because I was fascinated stitutional representative, but as a monarch, tect women in the workplace, just as it subversive of, or above, the law. by the young fellow who was moderat- also required him to protect the legal If the great powers given the president are ing the program that day. He was system from perjury, abuse of power, abused, then to impeach him defends not bright, he was in control, he was ar- and obstruction of justice. Fidelity to only the results of elections, but that higher ticulate. He didn’t look that much the Presidential oath is not dependent thing which elections are in service, namely, older than me. And I was stunned that upon any President’s personal thresh- the preeminence of the Constitution[.] this young man was not only the attor- old of comfort or embarrassment. Nei- The evidence clearly shows that the ney general of his State, but he was the ther must it be a slave to the latest President engaged in a repeated and Governor-elect of the State. poll. lengthy pattern of felonious conduct— Sometime after that workshop I How important was this oath to our conduct for which ordinary citizens can walked up to him and introduced my- founders? Did they intend the oath to be and have been jailed and lost their self. I told him who I was, and he spent have primacy over the shifting winds of liberty. This simply cannot be wished about 15 minutes encouraging me to go political opinion? Or did they bequeath or censured away. to law school, to stay active in politics. to us an ambiguous Constitution that With his conduct aggravated by a His name was Bill Clinton. I have never was meant to roll with the punches of motivation of personal and monetary forgotten that day 20 years ago when the latest polling data and focus leverage in the Paula Jones lawsuit, then-Attorney General Clinton took groups? The Constitution gives us that the solemnity of our sacred oath the time for a young fellow who had an answer in article II, section 1. It says: obliges us to do what the President re- interest in the law and politics. And I Before he enters on the execution of his of- gretfully has failed to do: defend the have never forgotten in recent days the fice, he shall take . . . [an] oath. rule of law, defend the concept that no graciousness he has shown to me, to And the oath is then prescribed. person is above the law. my wife, and to my children when we The mere fact that a person is elect- On the day the House impeached have encountered him. ed President does not give him the President Clinton, I said that when S1362 CONGRESSIONAL RECORD — SENATE February 8, 1999 they are old enough to appreciate the the law, I would be willing to consider but we will have to walk out the door solemnity of that action, I wanted my something less than impeachment. I backward; we will not walk out boldly. little girls to know that when the roll can assure you that did not go over What happens when the next Federal was called, their father served with col- well with some people in my district. judge is acquitted by a jury of his leagues who counted it a privilege to But I thought that would be good for peers, and you know the result would risk political fortunes in defense of the the country. be just to remove that judge? You did Constitution. The elections come and go and we the right thing by not being bound by Today, I am more resolute in that can get through just about anything the acquittal in the case of Judge opinion. From the time I was a little and everything in this country, but it Hastings. You did the right thing to boy, it was my dream to one day serve does take leadership, and character get to the truth and act accordingly, in the Congress of the United States. does still count. Having said that, I am because for people who sit in judgment My dream was fulfilled 2 years ago. a sinner like the rest of us, and part of of others there needs to be no reason- Today, I am a Republican in a district the problem with this case is we have able doubt about who they are and that is heavily Democratic. The pun- to confront our own sins, because who what they are able to do in that role. dits keep telling me that my stand on are we to judge others when the things The President of the United States is this issue puts my political fortunes in get to be private and personal? I am at the top of the legal pyramid. If there jeopardy. So be it. That revelation pro- not asking you to use that standard. I is reasonable doubt about his ability to duces from me no flinching. There is a am standing before you as a sinner, and faithfully execute the laws of the land, simple reason why: I know that in life I would never want my President or our future will be better off if that in- dreams come and dreams go. But con- your President removed because of pri- dividual is removed. science is forever. I can live with the vate sins. Only when it gets to be con- Let me tell you what it all comes concept of not serving in Congress. I stitutionally out of bounds. Only when down to for me. If you can go back and cannot live with the idea of remaining it gets to be so egregious that you explain to your children and your con- in Congress at the expense of doing can’t look your children in the eye and stituents how you can be truthful and what I believe to be right. explain what happened here in terms of misleading at the same time, good I was about 12 years old when a dis- the law. We can all explain human luck. That is the legacy that Bill Clin- tinguished Member of this body, the failings, but we have a real mixed mes- ton has left all of us if we keep him in late Senator Ralph Yarborough of sage going on, and it needs to be office—the idea that ‘‘I was truthful Texas, gave me this sage advice about straightened out for them. but misleading.’’ That scenario focuses elective office: If you could bring the Founding Fa- around whether or not one type of sex Always put principle above politics; put thers back, as everybody has sug- occurred versus the other type of sex. honor above incumbency. gested, the first debate would be, could He is wanting you to buy into this defi- I now return that sentiment to the we call them as a witness? There would nition that was allowed to exist be- body from which it came. Hold fast to be some people objecting to that. Live cause the wording wasn’t quite right. it, Senators, and in doing so, you will or dead, it’s been hard to get a witness. That is the essence of it—‘‘I was truth- be faithful both to our founders and to [Laughter.] ful, but I was misleading.’’ I guarantee you, I think they would our heirs. Mr. Podesta asked a little more ques- say to us: ‘‘What’s a poll?’’ They would The CHIEF JUSTICE. The Chair rec- tions than the other people did and the be instructive, but we can’t summon ognizes Mr. Manager GRAHAM. The President denied any type of sexual re- them back. Do you know what I really managers have 45 minutes remaining. lationship to him. Was he truthful think they would tell us? They would Mr. Manager GRAHAM. I promise there? Was he truthful in his grand tell us that we started this thing, and not to take the whole 45 minutes. I jury testimony? How can you be both? it’s up to you all to carry it on. And it have been told that my voice fades, and It is just absolutely impossible. I will try not to let that happen here. is. They would be right. It is not their As we bring the trial to a conclusion, job to tell us what to do. It’s our job to I want to play two clips for you now. I think it needs to be said from our side take the spirit of what they did and (Text of videotape presentation:) of the aisle that our staff has been ter- build on it. Q. Now, you’ve stated, I think, very hon- rific. You don’t know how many hours If you have kept an open mind, you estly, and I appreciate, that you were lied to of sleep have been lost by the young have fulfilled your job. If you have lis- by the President. Is it a fair statement, men and women working to put this tened to the facts and you vote your given your previous testimony concerning case together under the procedures conscience, you will have fulfilled your your 30-minute conversation, that the Presi- job. I will not trample on your con- dent was trying to portray himself as a vic- that the Senate developed. They have tim of a relationship with Monica Lewinsky? science; I have said that before. I start- done an absolutely magnificent job. If A. I think that’s the import of his whole there is anybody to blame on our side, ed this process with great concern and story. blame us, because our staff has done a I leave with a lot of contentment be- Before you put the other tape in, terrific job. That just needs to be said. cause I believe the facts have with- every Member of this body should need Now, let’s talk about Mr. ROGAN’s stood the test of every type of scrutiny district. True, if there is anybody on and demagoguery that have been to answer this question: Is that a our side of the aisle that has been at thrown at them. They stand firm. Do truthful statement? If you believe that the President of the United States is a risk it has been JIM. I have made some you know what they are going to lifelong friends in this situation, really stand? They’re going to stand the test victim of Ms. Lewinsky, we all owe him on both sides of the aisle. This has been of history. Some people suggest that an apology. He is not. He is not. tough, tough, tough for our country, history may judge you badly if you You ask me why I want this Presi- but sometimes some good comes from vote to convict this President. I sug- dent removed? Not only are they high tough situations, and I think some gest that that will be the least of your crimes, not only do they rise to the good will come from this before it is all problems. level of constitutional out-of-bounds said and done, ladies and gentlemen of Our past and this present moment be- behavior, not only are they worse than the Senate. I know it doesn’t look to be comes our Nation’s future. What are we what you remove judges for, they show so, but it will be so later on. going to leave to the future genera- a tremendous willingness of a national I come from a district where I am the tions? What do we do when the next leader to put himself above anything first Republican in 120 years. They told Federal judge is brought before this decent and good. I hope that still mat- me they hung the other guy, so I know body having been impeached by the ters in America. I am doing better. I am 4 years into House for cheating on their taxes? Are The next clip: this thing. This is my third term. we going to self-righteously throw that (Text of videotape presentation:) You can take the national polls and Federal judge out after having listened Q. Would it be fair to say that you were turn them upside down in my district, to this massive case of obstruction of sitting there during this conversation and but I have on occasion said that if the justice and perjury before a grand jury? that you had previously been told by the President would reconcile himself to We may throw that Federal judge out, President that he was in essence a victim of February 8, 1999 CONGRESSIONAL RECORD — SENATE S1363 Ms. Lewinsky’s sexual demands, and you to leave this with you for the very last you are begged not to? Is it too much said nothing to anyone? time. The affidavit was an attempt to to say to a President, If you are ever MR. McDANIEL: Is the question, ‘‘You have a cover story where both of them sued, play it straight; don’t hide the said’’—— could lie and go on about their lives. gifts under the bed, don’t give people THE WITNESS: I don’t—— The job search was to take somebody false testimony, don’t try to trash peo- MR. McDANIEL: Is the question, ‘‘You said who had been friendly and get them a nothing to anyone about what the President ple who are witnesses against you? If told you?’’—— job so they could go on about their that is too much of a burden to put on MR. GRAHAM: Right. lives someplace else, and get this mat- the White House, this Nation is in THE WITNESS: I never told any of my col- ter behind them and conceal from a hopeless decline. It is not too much of leagues about what the President told me. court the truth. Those things are a burden, ladies and gentlemen. It is BY MR. GRAHAM: crimes. only common decency being applied to Q. And this is after the President recants These gifts being under the bed of the occupant of the White House. his story—recounts his story—to you, where Betty Currie, the President’s secretary, To acquit under these facts will place he’s visibly upset, feels like he’s a victim, is no accident. They didn’t walk over that he associates himself with a character the burden on the constitutional proc- there by themselves. They got con- who’s being lied about, and you at no time ess of impeachment and how we deal veyed by a secretary after she picked suggested to your colleagues that there is with others, Federal judges and other them up from his consensual lover. something going on here with the President high public officials. That, I suggest to and Ms. Lewinsky you need to know about. People have figured that part out. It is Is that your testimony? no accident that happened. That is a you, will be almost irreconcilable. A. I never mentioned my conversation. I crime—when you are subpoenaed to I want my country to go boldly into regarded that conversation as a private con- give those gifts. the next century. I don’t want us to versation in confidence, and I didn’t mention But it is still about getting her a job limp into the next century. I don’t it to my colleagues, I didn’t mention it to and having a cover story so she could my friends, I didn’t mention it to my family, want us to crawl into the next century bedsides my wife. go on with her life. But when the arti- regardless of rule of law. No matter Q. Did you mention it to any White House cle came out on January 21, the whole what you do, we will make it. But the lawyers? flavor of this case changed. And I don’t difference between how you vote here, I A. I mentioned it many months later to know how you are going to explain it think, determines whether we go bold- Lanny Breuer in preparation for one of my to yourself or others. But I want to lay ly with the rule of law intact, or grand jury appearances, when I knew I would out to you what I think happened based be questioned about it. And I certainly never whether we have to explain it for gen- on the evidence. erations to come. mentioned it to any reporter. That January 21 when the story Ladies and gentlemen of the Senate, broke that she may have been telling I leave with you an example that I I have asked you several times to vote what went on, and the President was think says much. General MacArthur your conscience, and I will not step on faced with the idea that the knowledge was removed by President Truman, a it if you disagree with me; but I have of their relationship was out in the very popular fellow at the time. The re- always said let us tell the story about public forum, what did he do then? action to the MacArthur dismissal was what happened here. I am saying it There were no more nice jobs using a even more violent than Truman had ex- again. Ladies and gentlemen, we need good friend. There was no more ‘‘Let’s pected. And for an entire year the ma- to get to the truth, nothing but the see if we can hide the gifts and play jority of public opinion ranked itself truth, the whole truth, and let the hide the ball.’’ Do you know what hap- ferociously against him. He said char- chips fall where they may. pened then? He turned on her. Not my acteristically, as he felt that hostile Let me say this about being truthful favorite part of the case—it is the most poll, ‘‘I wonder where Moses would but misleading. Can you sit back as the disgusting part of the case. It is part of have gone if they had taken a poll in President, after you told a lie to a key the case that history will judge. The Egypt. And what would Jesus Christ aide, where you portrayed yourself as a crimes change. They become more omi- have preached if they had taken a poll victim, and watch the press stories role nous, because the character traits be- in the land of Israel? It isn’t polls that out along the lines that ‘‘she wears her came more ominous. The young lady count. It is right and wrong and leader- dresses too tight’’; ‘‘she comes from a who was the stalker, who was sex-ob- ship of men with fortitude, honesty, broken home’’; ‘‘she’s a stalker’’; sessed, who wore her skirts too tight, and the belief in the right that make ‘‘she’s sex obsessed’’; can you sit back that young lady was being talked epics in the history of the world.’’ and watch all that happen and still be about openly in the public. That young Ladies and gentlemen of the Senate, truthful but misleading? lady was being lied about to the Fed- thank you for listening. If you have We have laws against that in this eral grand jury. And the truth is that any doubts about whether this Presi- country. We have laws in this country young lady fell in love with him. And dent has committed high crimes, we that even high Government officials probably to this day a 24- or 25-year-old need to make sure the Senate itself has cannot tell a lie to somebody knowing young girl doesn’t want to believe what that lie will be repeated to a grand was going to come her way. But you all told the truth. Don’t leave any doubts jury. That is exactly what happened are adults. You all are leaders of this lingering, because the evidence is over- here. He portrayed himself as a victim, Nation. For you to look at these facts whelming that these offenses occurred. which is not a misleading statement; it and conclude anything else would be an The crime of perjury and obstruction of is a lie because if you knew the truth, injustice, because without that threat, justice have traditionally been high you wouldn’t consider him a victim. ladies and gentlemen, the stories were crimes under our Constitution. For And that lie went to the Federal grand going to grow in number, and we would God’s sake, let it remain so. And let it jury. And those citizens were trying have no admissions of ‘‘misleading’’ be said that no President can take the very hard to get it right, and he was and ‘‘truthful.’’ Presidency and the bully pulpit of the trying very hard to mislead them. At The White House is the bully pulpit. Presidency and hurt average citizens every turn when they tried to get to But it should never be occupied by a from it. the truth, he ran the other way, and he bully. The White House will always be Thank you very much. I yield now to took the aura of the White House with occupied by sinners, including our our chairman. him. Founding Fathers, and future occu- The CHIEF JUSTICE. The Chair rec- If you believe he is a victim, then pants. you ought to acquit him. If you believe What we do today will put a burden ognizes Mr. Manager HYDE. he has lied, then he ought not to be our on the White House and the burden on Mr. Manager HYDE. Mr. Chief Jus- President. our future, one way or the other. Is it tice, learned counsel, and the Senate, There are two things in this case that too much of a burden to say to future we are blessedly coming to the end of are crimes, two aspects of it—before Presidents, Don’t fabricate stories in this melancholy procedure. But before the Paula Jones deposition and after front of a grand jury, don’t parse we gather up our papers and return to the Paula Jones deposition. I am going words, don’t mislead, don’t lie when the obscurity from whence we came— S1364 CONGRESSIONAL RECORD — SENATE February 8, 1999 (Laughter.) your high office. But our most formida- but he was summarily dismissed and Permit, please, a few final remarks. ble opponent has not been opposing his family, of very modest means, First of all, I thank the Chief Justice counsel nor any political party; it has could not afford legal counsel, and it not only for his patience and his perse- been the cynicism, the widespread con- was a very desperate situation. Sir Ed- verance but for the aura of dignity that viction that all politics and all politi- ward Carson, the best lawyer of his he has lent to these proceedings. And it cians are, by definition, corrupt and time—barrister, I suppose—got inter- has been a great thrill for me to be venal. ested in the case and took it on pro here in his company, as well as in the That cynicism is an acid eating away bono and lost all the way through the company of you, distinguished Sen- at the vital organs of American public courts. ators. life. It is a clear and present danger, Finally, he had no other place to go, Secondly, I want to compliment the because it blinds us to the nobility and but he dug up an ancient remedy in President’s counsel. They have con- the fragility of being a self-governing England called ‘‘petition of right.’’ You ducted themselves in the most profes- people. ask the King for relief. And so Carson sional way. They have made the most One of the several questions that wrote out five pages of reasons why a of a poor case, in my opinion. There is needs answered is whether your vote on petition of right should be granted and, an old Italian saying—and it has noth- conviction lessens or enlarges that lo and behold, it got past the Attorney ing to do with the lawyers, but to your cynicism. Nothing begets cynicism like General, it got to the King. The King case—that ‘‘you may dress the shep- the double standard—one rule for the read it, agreed with it, and wrote herd in the silk, he will still smell of popular and the powerful and another across the front of the petition, ‘‘Let the goat.’’ (Laughter.) for the rest of us. right be done. Edward VII.’’ But all of you are great lawyers. And One of the most interesting things in I have always been moved by that it has been an adventure being with this trial was the testimony of the phrase. I saw the movie; I saw the play; you. President’s good friend, the former and I have the book. And I am still You know, the legal profession, like Senator from Arkansas. He did his per- moved by that phrase, ‘‘Let right be politics, is ridiculed pretty much. And suasive best to maintain the confusion done.’’ I hope when you finally vote every lawyer feels that and under- that this is all about sex. Of course, it that will move you, too. stands the importance of the rule of is useful for the defense to misdirect There are some interesting parallels law, to establish justice, to maintain our focus to what everyone concedes to our cause here today. This Senate the rights of mankind, to defend the are private acts and none of our busi- Chamber is our version of the House of helpless and the oppressed, to protect ness. But if you care to read the arti- Lords, and while we managers cannot innocents, to punish guilt. These are cles of impeachment, you won’t find claim to represent that 13-year-old duties which challenge the best powers any complaints about private sexual Winslow boy, we speak for a lot of of man’s intellect and the noblest misconduct. You will find charges of young people who look to us to set an qualities of the human heart. We are perjury and obstruction of justice example. here to defend the bulwark of our lib- which are public acts and Federal Ms. Seligman last Saturday said we erty, the rule of law. crimes, especially when committed by want to win too badly. This surprised As to the House managers, I want to the one person duty bound to faithfully me because none of the managers has tell you and our extraordinary staff execute the laws. Infidelity is private committed perjury nor obstructed jus- how proud I am of your service. For and noncriminal. Perjury and obstruc- tice and claimed false privileges, none myself, I cannot find the words to ade- tion are public and criminal. The delib- has hidden evidence under anyone’s bed quately express how I feel. I must use erate focus on what is not at issue here nor encouraged false testimony before the inaudible language of the heart. I is a defense lawyer’s tactic and nothing the grand jury. That is what you do if have gone through it all by your side— more. This entire saga has been a thea- you want to win too badly. the media condemnation, the patroniz- ter of distraction and misdirection, I believe it was Saul Bellow who once ing editorials, the hate mail, the in- time-honored defense tactics when the said, ‘‘A great deal of intelligence can sults hurled in public, the attempts at law and the facts get in the way. be invested in ignorance when the need intimidation, the death threats, and One phrase you have not heard the for illusion is great.’’ And those words even the disapproval of our colleagues, defense pronounce is the ‘‘sanctity of characterize the defense in this case. which cuts the worst. the oath.’’ But this case deeply in- ‘‘The need for illusion’’ is very great. You know, all a Congressman ever volves the efficacy, the meaning, and I doubt there are many people on the gets to take with him when he leaves the enforceability of the oath. The planet who doubt the President has re- this building is the esteem of his col- President’s defenders stay away from peatedly lied under oath and has ob- leagues and his constituents—and we the word ‘‘lie,’’ preferring ‘‘mislead’’ or structed justice. The defense spent a have risked even that for a principle, ‘‘deceive.’’ But they shrink from the lot of time picking lint. There is a say- for our duty, as we have seen it. phrase ‘‘sanctity of the oath,’’ fearing ing in the courts, I believe, that equity In speaking to my managers, of it as one might a rattlesnake. will not stoop to pick up pins. But that whom I am interminably proud, I can There is a visibility factor in the was their case. So the real issue borrow the words of Shakespeare, President’s public acts and those which doesn’t concern the facts, the stubborn ‘‘Henry V,’’ as he addressed his little betray a trust or reveal contempt for facts, as the defense is fond of saying, army of longbowmen before the Battle the law are hard to sweep under the but what to do about them. of Agincourt. And he said: rug, or under the bed, for that matter. I am still dumbfounded about the We few, we happy few, we band of brothers They reverberate, they ricochet all drafts of the censures that are circulat- For he that sheds his blood with me over the land, and provide the worst ing. We aren’t half as tough on the Shall be my brother possible example for our young people. President in our impeachment articles And gentlemen in England, now abed As that third-grader from as this draft is that was printed in the shall think themselves accursed they wrote to me, ‘‘If you can’t believe : were not here ″ And hold their manhood cheap President, who can you believe? An inappropriate relationship with a sub- while any speaks Speaking of young people, in 1946 a ordinate employee in the White House which That fought with us upon St. Chrispen’s British playwright, Terrance Rattigan, was shameless, reckless and indefensible. day wrote a play based on a true experience I have a problem with that. It seems As for the juror judges, you distin- that happened in England in 1910. The they are talking about private acts of guished Senators, it is always a victory play was called ‘‘The Winslow Boy.’’ consensual sexual misconduct which for democracy when its elected rep- And the story—as I say, a true story— are really none of our business. But resentatives do their duty, no matter involved a young 13-year-old lad who that is the leadoff. how difficult and unpleasant, and we was kicked out of the Royal Naval Col- Then they say: thank you for it. Please don’t mis- lege for having forged somebody else’s The President deliberately misled and de- construe our fervor for our cause to signature on a postal money order. Of ceived the American people and officials in any lack of respect or appreciation for course, he claimed he was innocent, all branches of the U.S. Government. February 8, 1999 CONGRESSIONAL RECORD — SENATE S1365 This is not a Republican document. mortal enemy of equal justice is the convene as the Court of Impeachment This is coming from here. double standard, and if we permit a at 1 p.m. on Tuesday to resume consid- The President gave false or misleading tes- double standard, even for the Presi- eration of the articles of impeachment. timony and impeded discovery of evidence in dent, we do no favor to the cause of NOTICE OF INTENT TO SUSPEND THE RULES OF judicial proceedings. human rights. It has been said that THE SENATE BY SENATORS DASCHLE, LOTT, Isn’t that another way of saying ob- America has nothing to fear from this HUTCHISON, HARKIN, WELLSTONE, COLLINS, struction of justice and perjury? President on the subject of civil rights. SPECTER, AND LEAHY The President’s conduct demeans the Of- I doubt Paula Jones would subscribe to In accordance to Rule V of the Standing fice of the President as well as the President that endorsement. Rules of the Senate, I (for myself, Mr. LOTT, himself and creates disrespect for the laws of If you agree that perjury and ob- Ms. HUTCHISON, Mr. HARKIN, Mr. WELLSTONE, the land. Future generations of Americans struction of justice have been commit- Ms. COLLINS, Mr. SPECTER, and Mr. LEAHY) must know that such behavior is not only hereby give notice in writing that it is my ted, and yet you vote down the convic- intention to move to suspend the following unacceptable but bears grave consequences tion, you are extending and expanding including loss of integrity, trust and respect. portions of the Rules of Procedure and Prac- the boundaries of permissible Presi- tice in the Senate When Sitting on Impeach- But not loss of job. dential conduct. You are saying a per- ment Trials in regard to any deliberations by Whereas, William Jefferson Clinton’s con- jurer and obstructer of justice can be Senators on the articles of impeachment duct has brought shame and dishonor to President, in the face of no less than during the trial of President William Jeffer- himself and to the Office of the President; three precedents for conviction of Fed- son Clinton: whereas, he has violated the trust of the eral judges for perjury. You shred those (1) The phrase ‘‘without debate’’ in Rule American people— VII; precedents and you raise the most seri- See Hamilton Federalist No. 65— (2) the following portion of Rule XX: ‘‘, un- ous questions of whether the President less the Senate shall direct the doors to be he should be condemned in the strongest is in fact subject to the law or whether closed while deliberating upon its decisions. terms. we are beginning a restoration of the A motion to close the doors may be acted Well, the next to the strongest terms. divine right of kings. The issues we are upon without objection, or, if objection is The strongest terms would remove him concerned with have consequences far heard, the motion shall be voted on without from office. into the future because the real dam- debate by the yeas and nays, which shall be Well, do you really cleanse the office age is not to the individuals involved, entered on the record’’; and (3) In Rule XXIV, the phrases ‘‘without de- as provided in the Constitution or do but to the American system of justice you use the Airwick of a censure reso- bate’’, ‘‘except when the doors shall be closed and especially the principle that no one for deliberation, and in that case’’ and ‘‘, to lution? Because any censure resolu- is above the law. be had without debate’’. tion, to be meaningful, has to punish Edward Gibbon wrote his magisterial ADJOURNMENT UNTIL 1 P.M. TOMORROW the President, if only his reputation. ‘‘Decline and Fall of the Roman Em- Mr. LOTT. I ask the Court of Im- And how do you deal with the laws of pire’’ in the late 18th century—in fact bill of attainder? How do you deal with peachment stand in adjournment until the first volume was issued in 1776. In 1 p.m. tomorrow, and I ask further con- the ? What kind of his work, he discusses an emperor a precedent are you setting? sent the Senate now resume legislative named Septimius Severus, who died in session. I remind all Senators to stand We all claim to revere the Constitu- 211 A.D. after ruling 18 years. And here tion, but a censure is something that is as the Chief Justice departs the Cham- is what Gibbon wrote about the em- ber. a device, a way of avoiding the harsh peror: constitutional option, and it is the There being no objection, at 6:34 p.m. Severus promised, only to betray; he flat- the Senate, sitting as a Court of Im- only one we have up or down on im- tered only to ruin; and however he might oc- peachment. That, of course, is your casionally bind himself by oaths and trea- peachment, adjourned until Tuesday, judgment, and I am offering my views, ties, his conscience, obsequious to his inter- February 9, 1999, at 1 p.m. for what they are worth. est, always released him from the inconven- f Once in a while I do worry about the ient obligation. LEGISLATIVE SESSION future. I wonder if, after this culture I guess those who believe history re- The PRESIDING OFFICER (Mr. war is over, this one we are engaged in, peats itself are really onto something. ENZI). The Senate will come to order. an America will survive that is worth Horace Mann said: fighting for to defend. You should be ashamed to die unless you f People won’t risk their lives for the have achieved some victory for humanity. MESSAGES FROM THE PRESIDENT U.N., or over the Dow Jones averages. To the House managers, I say your Messages from the President of the But I wonder, in future generations, devotion to duty and the Constitution United States were communicated to whether there will be enough vitality has set an example that is a victory for the Senate by Mr. Williams, one of his left in duty, honor and country to ex- humanity. Charles de Gaulle once said secretaries. cite our children and grandchildren to that France would not be true to her- defend America. self unless she was engaged in some EXECUTIVE MESSAGES REFERRED There is no denying the fact that great enterprise. That is true of us all. As in executive session the Presiding what you decide will have a profound Do we spend our short lives as consum- Officer laid before the Senate messages effect on our culture, as well as on our ers, space occupiers, clock watchers, as from the President of the United politics. A failure to convict will make spectators, or in the service of some States submitting sundry nominations a statement that lying under oath, great enterprise? which were referred to the appropriate while unpleasant and to be avoided, is I believe, being a Senator, being a committees. not all that serious. Perhaps we can ex- Congressman, and struggling with all (The nominations received today are plain this to those currently in prison our might for equal justice for all, is a printed at the end of the Senate pro- for perjury. We have reduced lying great enterprise. It is our great enter- ceedings.) under oath to a breach of etiquette, but prise. And to my House managers, your f only if you are the President. great enterprise was not to speak truth REPORT ON THE 1999 NATIONAL Wherever and whenever you avert to power, but to shout it. And now let DRUG CONTROL STRATEGY— your eyes from a wrong, from an injus- us all take our place in history on the MESSAGE FROM THE PRESI- tice, you become a part of the problem. side of honor and, oh, yes: Let right be DENT—PM 6 On the subject of civil rights, it is my done. The PRESIDING OFFICER laid be- belief this issue doesn’t belong to any- I yield back my time. fore the Senate the following message one; it belongs to everyone. It cer- The CHIEF JUSTICE. The Chair rec- from the President of the United tainly belongs to those who have suf- ognizes the majority leader. States, together with an accompanying fered invidious discrimination, and one ORDER OF PROCEDURE report; which was referred to the Com- would have to be catatonic not to know Mr. LOTT. Mr. Chief Justice, I be- mittee on the Judiciary. that the struggle to keep alive equal lieve that concludes the closing argu- protection of the law never ends. The ments. Therefore, the Senate will re- To the Congress of the United States: S1366 CONGRESSIONAL RECORD — SENATE February 8, 1999 On behalf of the American people, I —Securing our borders: the vast ma- EC–1592. A communication from the Presi- am pleased to transmit the 1999 Na- jority of drugs consumed in the dent and Chairman of the Export-Import tional Drug Control Strategy to the Con- United States enter this Nation Bank of the United States, transmitting, gress. This Strategy renews and ad- pursuant to law, the Bank’s report on a fi- through the Southwest border, nancial guarantee to support the sale of one vances our efforts to counter the Florida, the Gulf States, and other Boeing 777–200IGW aircraft to Singapore Air- threat of drugs—a threat that contin- border areas and air and sea ports craft Leasing Enterprise Pte. Ltd.; to the ues to cost our Nation over 14,000 lives of entry. The flow of drugs into this Committee on Banking, Housing, and Urban and billions of dollars each year. Nation violates our sovereignty Affairs. There is some encouraging progress and brings crime and suffering to EC–1593. A communication from the Chief in the struggle against drugs. The 1998 our streets and communities. We of the Regulations Branch, Internal Revenue Service, Department of the Treasury, trans- Monitoring the Future study found that remain committed to, and will ex- youth drug use has leveled off and in mitting, pursuant to law, the report of a rule pand, efforts to safeguard our bor- entitled ‘‘Notice of Certain Transfers to For- many instances is on the decline—the ders from drugs. eign Partnerships and Foreign Corporations’’ second straight year of progress after —Reducing the supply of drugs: we (RIN1545–AV70) received on February 5, 1999; years of steady increases. The study must reduce the availability of to the Committee on Finance. also found a significant strengthening drugs and the ease with which they EC–1594. A communication from the Ad- of youth attitudes toward drugs: young can be obtained. Our efforts to re- ministrator of the Farm Service Agency, De- partment of Agriculture, transmitting, pur- people increasingly perceive drug use duce the supply of drugs must tar- as a risky and unacceptable behavior. suant to law, the report of a rule entitled get both domestic and overseas pro- ‘‘Tobacco-Importer Assessments’’ (RIN0560– The rate of drug-related murders con- duction of these deadly substances. AF52) received on February 5, 1999; to the tinues to decline, down from 1,302 in Our ability to attain these objectives Committee on Agriculture, Nutrition, and 1992 to 786 in 1997. Overseas, we have is dependent upon the collective will of Forestry. witnessed a decline in cocaine produc- the American people and the strength EC–1595. A communication from the Direc- tor of the Office of Regulatory Management tion by 325 metric tons in Bolivia and of our leadership. The progress we have Peru over the last 4 years. Coca cul- and Information, transmitting, pursuant to made to date is a credit to Americans law, the report of a rule entitled tivation in Peru plunged 56 percent of all walks of life—State and local ‘‘Tebufenozide; Extension of Tolerance for since 1995. leaders, parents, teachers, coaches, Emergency Exemptions’’ (FRL6059–8) re- Nevertheless, drugs still exact a tre- doctors, police officers, and clergy. ceived on February 5, 1999; to the Committee mendous toll on this Nation. In a 10- Many have taken a stand against on Agriculture, Nutrition, and Forestry. year period, over 100,000 Americans will drugs. These gains also result from the EC–1596. A communication from the Direc- die from drug use. The social costs of tor of the Office of Regulatory Management leadership and hard work of many, in- and Information, transmitting, pursuant to drug use continue to climb, reaching cluding Attorney General Reno, Sec- $110 billion in 1995, a 64 percent in- law, the report of a rule entitled retary of Health and Human Services ‘‘Propyzamide; Extension of Tolerance for crease since 1990. Much of the economic Shalala, Secretary of Education Riley, Emergency Exemptions’’ (FRL6060–3) re- burden of drug abuse falls on those who Treasury Secretary Rubin, and Drug ceived on February 5, 1999; to the Committee do not abuse drugs—American families Policy Director McCaffrey. I also on Agriculture, Nutrition, and Forestry. EC–1597. A communication from the Direc- and their communities. Although we thank the Congress for their past and have made progress, much remains to tor of the Office of Regulatory Management future support. If we are to make fur- and Information, transmitting, pursuant to be done. ther progress, we must maintain a bi- The 1999 National Drug Control Strat- law, the report of a rule entitled partisan commitment to the goals of ‘‘Cymoxanil; Pesticide Tolerance’’ (FRL6056– egy provides a comprehensive balanced the Strategy. 4) received on February 5, 1999; to the Com- approach to move us closer to a drug- As we enter the new millennium, we mittee on Agriculture, Nutrition, and For- free America. This Strategy presents a are reminded of our common obligation estry. long-term plan to change American at- EC–1598. A communication from the Direc- to build and leave for coming genera- tor of the Office of Regulatory Management titudes and behavior with regard to il- tions a stronger Nation. Our National legal drugs. Among the efforts this and Information, transmitting, pursuant to Drug Control Strategy will help create a law, the report of a rule entitled ‘‘3,7- Strategy focuses on are: safer, healthier future for all Ameri- Dichloro-8-quinoline carboxylic acid; Pes- —Educating children: studies dem- cans. ticide Tolerances for Emergency Exemp- onstrate that when our children un- WILLIAM J. CLINTON. tions’’ (FRL6055–6) received on February 5, derstand the dangers of drugs, their 1999; to the Committee on Agriculture, Nu- THE WHITE HOUSE, February 8, 1999. rates of drug use drop. Through the trition, and Forestry. f National Youth Anti-Drug Media EC–1599. A communication from the Direc- Campaign, the Safe and Drug Free MEASURE PLACED ON THE tor of the Office of Surface Mining Reclama- tion and Enforcement, Department of the In- Schools Program and other efforts, CALENDAR terior, transmitting, pursuant to law, the re- we will continue to focus on help- The following bill was read the sec- port of a rule entitled ‘‘West Virginia Regu- ing our youth reject drugs. ond time and placed on the calendar: latory Program’’ (Docket WV–077–FOR) re- ceived on February 5, 1999; to the Committee —Decreasing the addicted popu- H.R. 99. An act to amend title 49, United on Energy and Natural Resources. lation: the addicted make up States Code, to extend Federal Aviation Ad- roughly a quarter of all drug users, EC–1600. A communication from the Direc- ministration programs through September tor of the Office of Surface Mining Reclama- but consume two-thirds of all drugs 30, 1999, and for other purposes. tion and Enforcement, Department of the In- in America. Our strategy for reduc- f terior, transmitting, pursuant to law, the re- ing the number of addicts focuses EXECUTIVE AND OTHER port of a rule entitled ‘‘Illinois Regulatory on closing the ‘‘treatment gap.’’ Program’’ (SPATS No. IL–094–FOR) received COMMUNICATIONS —Breaking the cycle of drugs and on February 5, 1999; to the Committee on En- crime: numerous studies confirm The following communications were ergy and Natural Resources. that the vast majority of prisoners laid before the Senate, together with EC–1601. A communication from the Direc- commit their crimes to buy drugs accompanying papers, reports, and doc- tor of the Office of Regulatory Management uments, which were referred as indi- and Information, Environmental Protection or while under the influence of Agency, transmitting, pursuant to law, the drugs. To help break this link be- cated: report of a rule entitled ‘‘Approval and Pro- tween crime and drugs, we must EC–1591. A communication from the Asso- mulgation of Implementation Plans; Califor- promote the Zero Tolerance Drug ciate Managing Director for Performance nia State Implementation Plan Revision; Supervision initiative to better Evaluation and Records Management, Fed- San Joaquin Valley Unified Air Pollution keep offenders drug- and crime- eral Communications Commission, transmit- Control District, Sacramento Metropolitan free. We can do this by helping ting, pursuant to law, the report of a rule en- Air Quality Management District’’ titled ‘‘Implementation of Section 245(g) of States and localities to implement (FRL6227–2) received on February 5, 1999; to the Communications Act of 1934, as Amend- the Committee on Environment and Public tough new systems to drug test, ed’’ (Docket 96–61) received on February 5, Works. treat, and punish prisoners, parol- 1999; to the Committee on Commerce, EC–1602. A communication from the Direc- ees, and probationers. Science, and Transportation. tor of the Office of Regulatory Management February 8, 1999 CONGRESSIONAL RECORD — SENATE S1367 and Information, Environmental Protection tation, transmitting, pursuant to law, the re- LEVIN, Mr. KENNEDY, Mr. BINGAMAN, Agency, transmitting, pursuant to law, the port of a rule entitled ‘‘Special Local Regu- Mr. CLELAND, Mrs. FEINSTEIN, Mr. report of a rule entitled ‘‘Emergency Plan- lations; Swimming Across San Juan Harbor, HUTCHINSON, Mr. CONRAD, Mr. AL- ning and Community Right-to-Know Pro- San Juan, Puerto Rico’’ (Docket 07–98–053) LARD, and Mr. SMITH of New Hamp- grams; Amendments to Hazardous Chemical received on February 5, 1999; to the Commit- shire): Reporting Thresholds for Gasoline and Diesel tee on Commerce, Science, and Transpor- S. 389. A bill to amend title 10, United Fuel at Retail Gas Stations’’ (RIN2050–AE58) tation. States Code, to improve and transfer the ju- received on February 5, 1999; to the Commit- EC–1613. A communication from the Gen- risdiction over the troops-to-teachers pro- tee on Environment and Public Works. eral Counsel of the Department of Transpor- gram, and for other purposes; to the Com- EC–1603. A communication from the Direc- tation, transmitting, pursuant to law, the re- mittee on Health, Education, Labor, and tor of the Office of Regulatory Management port of a rule entitled ‘‘Special Local Regu- Pensions. and Information, Environmental Protection lations; St. Johns River, Jacksonville, Flor- By Mr. REID: Agency, transmitting, pursuant to law, the ida’’ (Docket 07–98–050) received on February S. 390. A bill to amend title II of the Social report of a rule entitled ‘‘Record Keeping 5, 1999; to the Committee on Commerce, Security Act to allow workers who attain and Reporting Burden Reduction’’ (FRL6300– Science, and Transportation. age 65 after 1981 and before 1992 to choose ei- 4) received on February 5, 1999; to the Com- EC–1614. A communication from the Gen- ther lump sum payments over four years to- mittee on Environment and Public Works. eral Counsel of the Department of Transpor- talling $5,000 or an improved benefit com- EC–1604. A communication from the Gen- tation, transmitting, pursuant to law, the re- putation formula under a new 10-year rule eral Counsel of the Department of Transpor- port of a rule entitled ‘‘Special Local Regu- governing the transition to the changes in tation, transmitting, pursuant to law, the re- lations; City of Charleston, SC’’ (Docket 07– benefit computation rules enacted in the So- port of a rule entitled ‘‘Safety Zone Regula- 98–045) received on February 5, 1999; to the cial Security Amendments of 1977, and for tions, Commencement Bay, Tacoma, Wash- Committee on Commerce, Science, and other purposes; to the Committee on Fi- ington’’ (Docket 13–98–034) received on Feb- Transportation. nance. ruary 5, 1999; to the Committee on Com- EC–1615. A communication from the Gen- By Mr. KERREY (for himself, Mr. merce, Science, and Transportation. eral Counsel of the Department of Transpor- BOND, Mr. KENNEDY, Mr. GORTON, Mr. EC–1605. A communication from the Gen- tation, transmitting, pursuant to law, the re- eral Counsel of the Department of Transpor- GRAHAM, Mr. DEWINE, Mr. MOYNIHAN, port of a rule entitled ‘‘Special Local Regu- Mr. DURBIN, Mr. INOUYE, Mr. MACK, tation, transmitting, pursuant to law, the re- lations; City of Charleston, SC’’ (Docket 07– port of a rule entitled ‘‘Special Local Regu- and Mrs. MURRAY): 98–039) received on February 5, 1999; to the S. 391. A bill to provide for payments to lations; Seattle SeaFair Unlimited Hydro- Committee on Commerce, Science, and plane Race, Lake Washington, Seattle, WA’’ children’s hospitals that operate graduate Transportation. medical education programs; to the Commit- (Docket 13–98–022) received on February 5, EC–1616. A communication from the Gen- 1999; to the Committee on Commerce, tee on Finance. eral Counsel of the Department of Transpor- By Mrs. MURRAY (for herself and Mr. Science, and Transportation. tation, transmitting, pursuant to law, the re- EC–1606. A communication from the Gen- GORTON): port of a rule entitled ‘‘Special Local Regu- S. 392. A bill to designate the Federal eral Counsel of the Department of Transpor- lations for Marine Events; Patapsco River, tation, transmitting, pursuant to law, the re- building and United States courthouse lo- Baltimore, Maryland’’ (Docket 05–98–064) re- cated at West 920 Riverside Avenue in Spo- port of a rule entitled ‘‘Special Local Regu- ceived on February 5, 1999; to the Committee lations; Indiana Governor’s Cup Hydroplane kane, Washington, as the ‘‘Thomas S. Foley on Commerce, Science, and Transportation. Federal Building and United States Court- Races; Ohio River Mile 557.0–558.0, Madison, EC–1617. A communication from the Gen- house,’’ and the plaza at the south entrance IN’’ (Docket 08–98–050) received on February eral Counsel of the Department of Transpor- of that building and courthouse as the ‘‘Wal- 5, 1999; to the Committee on Commerce, tation, transmitting, pursuant to law, the re- ter F. Horan Plaza’’; to the Committee on Science, and Transportation. port of a rule entitled ‘‘Safety Zones, Secu- EC–1607. A communication from the Gen- Environment and Public Works. rity Zones, and Special Local Regulations’’ eral Counsel of the Department of Transpor- (RIN2115–AA97) received on February 5, 1999; f tation, transmitting, pursuant to law, the re- to the Committee on Commerce, Science, port of a rule entitled ‘‘Special Local Regu- and Transportation. SUBMISSION OF CONCURRENT AND lations; Clifton River Days, Tennessee River EC–1618. A communication from the Gen- SENATE RESOLUTIONS Miles 157.0–159.0, Clifton, Tennessee’’ (Docket eral Counsel of the Department of Transpor- 08–98–042) received on February 5, 1999; to the The following concurrent resolutions tation, transmitting, pursuant to law, the re- Committee on Commerce, Science, and and Senate resolutions were read, and port of a rule entitled ‘‘Maritime Course Ap- Transportation. referred (or acted upon), as indicated: EC–1608. A communication from the Gen- proval Procedures’’ (RIN2115–AF58) received By Mr. LOTT (for himself, Mr. ABRA- eral Counsel of the Department of Transpor- on February 5, 1999; to the Committee on HAM, Mr. AKAKA, Mr. ALLARD, Mr. tation, transmitting, pursuant to law, the re- Commerce, Science, and Transportation. ASHCROFT, Mr. BAUCUS, Mr. BAYH, port of a rule entitled ‘‘Special Local Regu- f Mr. BENNETT, Mr. BINGAMAN, Mr. lations; All American Birthday Party Fire- INTRODUCTION OF BILLS AND BOND, Mrs. BOXER, Mr. BREAUX, Mr. works Display Ohio River, Mile 469.2–470.5, BROWNBACK, Mr. BRYAN, Mr. BUNNING, Cincinnati, OH’’ (Docket 08–98–039) received JOINT RESOLUTIONS Mr. BURNS, Mr. BYRD, Mr. CAMPBELL, on February 5, 1999; to the Committee on The following bills and joint resolu- Mr. CHAFEE, Mr. CLELAND, Mr. COCH- Commerce, Science, and Transportation. tions were introduced, read the first RAN, Ms. COLLINS, Mr. CONRAD, Mr. EC–1609. A communication from the Gen- and second time by unanimous con- eral Counsel of the Department of Transpor- COVERDELL, Mr. CRAIG, Mr. CRAPO, tation, transmitting, pursuant to law, the re- sent, and referred as indicated: Mr. DEWINE, Mr. DODD, Mr. DOMENICI, port of a rule entitled ‘‘Special Local Regu- By Mr. MCCONNELL (for himself, Mr. Mr. DORGAN, Mr. DURBIN, Mr. ED- lations; Rocketman Triathlon; Tennessee GRAHAM, Mr. BUNNING, Mr. MACK, Mr. WARDS, Mr. ENZI, Mr. FEINGOLD, Mrs. River mile 324.0 to 324.5, Huntsville, AL’’ BREAUX, Mr. DEWINE, Mr. SMITH of FEINSTEIN, Mr. FITZGERALD, Mr. (Docket 08–96–057) received on February 5, Oregon, Mr. ROBB, Mr. LUGAR, Mr. FRIST, Mr. GORTON, Mr. GRAHAM, Mr. 1999; to the Committee on Commerce, COCHRAN, Ms. LANDRIEU, Mr. MUR- GRAMM, Mr. GRAMS, Mr. GRASSLEY, Science, and Transportation. KOWSKI, Mr. STEVENS, Mr. COVER- Mr. GREGG, Mr. HAGEL, Mr. HARKIN, EC–1610. A communication from the Gen- DELL, Mr. WARNER, Mr. SMITH of New Mr. HATCH, Mr. HOLLINGS, Mr. HUTCH- eral Counsel of the Department of Transpor- Hampshire, Mr. BAYH, Mr. BYRD, Mr. INSON, Mrs. HUTCHISON, Mr. INHOFE, tation, transmitting, pursuant to law, the re- SPECTER, and Mr. KERREY): Mr. INOUYE, Mr. JEFFORDS, Mr. JOHN- port of a rule entitled ‘‘Special Local Regu- S. 387. A bill to amend the Internal Reve- SON, Mr. KENNEDY, Mr. KERREY, Mr. lations; MY102 Boomsday; Tennessee River nue Code of 1986 to provide an exclusion from KERRY, Mr. KOHL, Mr. KYL, Ms. Mile 645.0 to 649.0, Knoxville, TN’’ (Docket gross income for distributions from qualified LANDRIEU, Mr. LAUTENBERG, Mr. 08–96–056) received on February 5, 1999; to the State tuition programs which are used to LEAHY, Mr. LEVIN, Mr. LIEBERMAN, Committee on Commerce, Science, and pay education expenses; to the Committee on Mrs. LINCOLN, Mr. LUGAR, Mr. MACK, Transportation. Finance. Mr. MCCAIN, Mr. MCCONNELL, Ms. MI- EC–1611. A communication from the Gen- By Mr. CLELAND (for himself, Mr. KULSKI, Mr. MOYNIHAN, Mr. MURKOW- eral Counsel of the Department of Transpor- KERRY, Mr. HOLLINGS, Mr. CONRAD, SKI, Mrs. MURRAY, Mr. NICKLES, Mr. tation, transmitting, pursuant to law, the re- Mrs. BOXER, Mr. DASCHLE, and Mr. REED, Mr. REID, Mr. ROBB, Mr. ROB- port of a rule entitled ‘‘Special Local Regu- HARKIN): ERTS, Mr. ROCKEFELLER, Mr. ROTH, lations; Don Q Offshore Cup XIII Race; Bahia S. 388. A bill to authorize the establish- Mr. SANTORUM, Mr. SARBANES, Mr. de Ponce, Puerto Rico’’ (Docket 07–98–055) re- ment of a disaster mitigation pilot program SCHUMER, Mr. SESSIONS, Mr. SHELBY, ceived on February 5, 1999; to the Committee in the Small Business Administration; to the Mr. SMITH of New Hampshire, Mr. on Commerce, Science, and Transportation. Committee on Small Business. SMITH of Oregon, Ms. SNOWE, Mr. EC–1612. A communication from the Gen- By Mr. MCCAIN (for himself, Mr. ROBB, SPECTER, Mr. STEVENS, Mr. THOMAS, eral Counsel of the Department of Transpor- Mr. LIEBERMAN, Mr. DEWINE, Mr. Mr. THOMPSON, Mr. THURMOND, Mr. S1368 CONGRESSIONAL RECORD — SENATE February 8, 1999 TORRICELLI, Mr. VOINOVICH, Mr. WAR- cial assistance. In 1997–98, $60 billion in ple of battles, but still haven’t won the NER, Mr. WELLSTONE, Mr. WYDEN, Mr. financial aid was available to students war. To win the war, Congress needs to DASCHLE, Mr. HELMS, and Mr. BIDEN): and their families from federal, state, make education savings tax free—from S. Con. Res. 7. A concurrent resolution and institutional sources. This was $3 start to finish. The bill I am introduc- honoring the life and legacy of King Hussein ibn Talal al-Hashem; considered and agreed billion higher than the previous year. ing today will achieve that goal. to. A majority of this increase in aid was In 1996, Congress took the first step in the form of loans, which now make in providing tax relief to families in- f up the largest portion of the total fed- vesting in these programs. In the Small STATEMENTS ON INTRODUCED eral-aid package at 57 percent. Grants, Business Job Protection Act of 1996, I BILLS AND JOINT RESOLUTIONS which a decade ago made up 49 percent was able to include a provision that of assistance, have been reduced to 42 clarified the tax treatment of state- By Mr. MCCONNELL (for himself, percent. This shift toward loans fur- sponsored savings plans and the par- Mr. GRAHAM, Mr. BUNNING, Mr. ther burdens students and families ticipants’ investment. This measure MACK, Mr. BREAUX, Mr. with additional interest costs. put an end to the tax uncertainty that DEWINE, Mr. SMITH of Oregon, We must reverse the dependence on has hampered the effectiveness of these Mr. ROBB, Mr. LUGAR, Mr. COCH- federal assistance and encourage fami- state-sponsored programs and helped RAN, Ms. LANDRIEU, Mr. MUR- lies to save. My legislation would re- families who are trying to save for KOWSKI, Mr. STEVENS, Mr. ward savings and allow students and their children’s education. Also in 1996, COVERDELL, Mr. WARNER, Mr. families that are participating in these Virginia started its plan and was over- SMITH of New Hampshire, Mr. state-sponsored plans to be exempt whelmed by the positive response. In BAYH, Mr. BYRD, Mr. SPECTER, from federal income tax when the funds its first year, the plan sold 16,111 con- and Mr. KERREY): are used for qualified educational pur- S. 387. A bill to amend the Internal tracts raising $260 million. This success poses. This legislation also recognizes Revenue Code of 1986 to provide an ex- exceeded all goals for this program. the leadership that states have pro- In 1997, the Taxpayer Relief Act made clusion from gross income for distribu- vided in helping families save for col- revisions to provide maximized flexibil- tions from qualified State tuition pro- lege. In the mid-1980s, states identified ity to families saving for their chil- grams which are used to pay education the difficulty families had in keeping dren’s college education. The most sig- expenses; to the Committee on Fi- pace with the rising cost of education. nificant reform was to expand the defi- nance. States like Kentucky, Florida, Ohio, nition of ‘‘qualified education costs’’ to EDUCATIONAL SAVINGS LEGISLATION and Michigan were the first to start include room and board, thus doubling ∑ Mr. MCCONNELL. Mr. President, I programs in order to help families save the amount families could save tax- come to the floor today to introduce for college. Nationwide more than 30 free. In Kentucky, room and board at a legislation that addresses an important states have established savings pro- public institution make up half of all issue facing American families today— grams, and over a dozen states are pre- college costs. This important legisla- the education of their children. It is paring to implement plans in the near tion also expanded the definition of eli- my long-held belief that we need to future. Today, there are nearly one gible institutions to include all make a college education more afford- million savers who have contributed schools, including certain proprietary able, and the legislation I am introduc- over $3 billion in education savings. schools, and defined the term ‘‘member ing today, the College Savings Act, will The provision which I authored, which of family’’ to allow rollover eligibility do just that by providing tax incen- allows tax-free education savings in for cousins and step-siblings in the tives to families who save for college. state-sponsored savings plans for edu- event that the original beneficiary does This legislation is a serious effort to cation purposes, provides nearly a $1.5 not attend college. reward long-term saving by making billion tax break for middle-class sav- Last year, the Senate passed legisla- savings for education tax-free. It is im- ers nationwide. In Kentucky, over 3,720 tion, sponsored by Senator COVERDELL portant that we not forget that com- families have established accounts, and Senator TORRICELLI, which would pounded interest cuts both ways. By which amount to about $7.5 million in have allowed parents to place as much saving, participants can keep pace, or savings. as $2,000 per year, per child, in an edu- even ahead of, tuition increases while Mr. President, I have worked closely cation savings account for kinder- putting a little away at a time. By bor- with the state plan administrators over garten through high school education. rowing, students bear added interest the years seeking both their advice and Included in this legislation was my costs that add thousands to the total support. Again this year, I am pleased proposal to make savings in state-spon- cost of tuition. Savings will have a to have the National Association of sored tuition plans tax-free. Unfortu- positive impact, by reducing the need State Treasurers and the College Sav- nately, the bill was vetoed by Presi- for students to borrow tens of thou- ings Plans Network endorse this legis- dent Clinton. sands of dollars in student loans. This lation. They have worked tirelessly in As a result of our actions over the will help make need-based grants, support of this legislation because they last several years, more and more state which target low-income families, go know it is in the best interest of plan plans have implemented tuition sav- much further. participants—the families who care ings and prepaid plans for their resi- Mr. President, anyone with a child in about their children’s education. dents. It is projected that there will be college knows first-hand the expense of Mr. President, many Kentuckians are 43 states with tuition savings plans by higher education. Throughout the drawn to this program because it offers the year 2000. I believe that we have a 1990’s, education costs have continually a low-cost, disciplined approach to sav- real opportunity to go even further to- outstripped the gains in income. Tui- ings. In fact, the average monthly con- ward making college affordable to tion rates have now become the great- tribution in Kentucky is just $52. It is American families. It is in our best in- est obstacle students face in attending also important to note that 60 percent terest as a nation to maintain a qual- college. In fact, the astronomical in- of the participants earn under $60,000 ity and affordable education system for crease in college costs has been well per year. By exempting all interest everyone. By passing this legislation, documented. According to a study con- earnings from state taxes, my legisla- we can help families help themselves ducted by the College Board, tuition tion rewards parents who are serious by rewarding savings. This will reduce and fees for a four-year public univer- about their children’s future and who the cost of education and will not un- sity rose 107 percent from 1980–1997, are committed over the long-term to necessarily burden future generations while median household income rose the education of their children by pro- with thousands of dollars in loans. only 12 percent. viding a significant tax break for mid- Mr. President, I ask unanimous con- Due to the high cost of education, dle-class savers nationwide. Clearly, sent that a copy of the bill and letters more and more families have come to this benefits middle-class families. endorsing my legislation from the Ken- rely on financial aid to meet tuition In 1994, I introduced the first bill to tucky Higher Education Assistance Au- costs. In fact, a majority of all college make education savings exempt from thority and the National Association of students utilize some amount of finan- taxation. Since then I have won a cou- State Treasurers be printed in the February 8, 1999 CONGRESSIONAL RECORD — SENATE S1369

RECORD, along with an article from I am writing to ask for your continued dent-aid formulas—and you can set aside as Time magazine that discusses the pop- leadership on this issue by pushing forward much as $100,000 for expenses at any U.S. col- ularity of state tuition saving pro- to obtain tax-free treatment for amounts lege. distributed from QSTPs to cover qualified Both the prepaid and the college-savings grams. plans vary from state to state. Check out the There being no objection, the mate- higher education expenses. Significant progress has been made in this area during website ‘‘collegesaving.org’’ for details. It’s a rial was ordered to be printed in the the past three years, and we believe your fast-moving area. In the next few months, RECORD, as follows: continued efforts will achieve the final goal eight states will join the 15 that already S. 387 of tax-free treatment. have state college-savings programs. Those Be it enacted by the Senate and House of Rep- Currently, over 2,800 Kentucky families are mostly in addition to the 19 that have resentatives of the United States of America in have saved over $7.5 million dollars through prepaid-tuition plans. Only Massachusetts Congress assembled, the Trust for their children’s higher edu- will probably offer both. Most of the newer savings plans make con- SECTION 1. EXCLUSION FROM GROSS INCOME OF cation. We greatly appreciate your efforts to EDUCATION DISTRIBUTIONS FROM help Kentucky families save for higher edu- tributions deductible against state taxes. QUALIFIED STATE TUITION PRO- cation and look forward to continuing to New York, for example, launched its plan GRAMS. work with you and your staff on this impor- two months ago. It permits couples to set (a) IN GENERAL.—Section 529(c)(3)(B) of the tant initiative. aside up to $10,000 a year per student and lets Internal Revenue Code of 1986 (relating to Sincerely, New York residents deduct the full amount distributions) is amended to read as follows: PAUL P. BORDEN, from their income on their state return. Mis- ‘‘(B) DISTRIBUTIONS FOR QUALIFIED HIGHER Executive Director. souri will approve a tax-deductible savings EDUCATION EXPENSES.— plan in December. Minnesota is expected to ‘‘(i) IN GENERAL.—No amount shall be in- COLLEGE SAVINGS PLANS NETWORK, adopt a plan in which the state matches 5% cludible in gross income under subparagraph February 4, 1999. of your contributions. These college-savings (A) if the qualified higher education expenses Re college savings legislation. plans are open to everyone, regardless of in- of the designated beneficiary during the tax- come—in contract to the Roth IRA and other Hon. MITCH MCCONNELL, able year are not less than the aggregate dis- federal savings plans, in which eligibility be- U.S. Senate, Russell Senate Office Building, gins to phase out for couples earning more tributions during the taxable year. Washington, DC. ‘‘(ii) DISTRIBUTIONS IN EXCESS OF EX- than $100,000. DEAR SENATOR MCCONNELL: On behalf of If your state doesn’t offer a college-savings PENSES.—If such aggregate distributions ex- the College Savings Plans Network ceed such expenses during the taxable year, plan, you can still participate through an (‘‘CSPN’’), which represents the 44 states out-of-state plan. You won’t get the state the amount otherwise includible in gross in- currently offering and managing colleges come under subparagraph (A) shall be re- tax deduction, but you will get tax-deferred savings programs, I am writing to express investment growth; and when the money is duced by the amount which bears the same our strong support for your legislation to ratio to the amount so includible (without tapped, it will be taxed at the student’s rate provide tax-free treatment for contributions (usually 15%). Fidelity Investments (800–544– regard to this subparagraph) as such ex- to the qualified state tuition programs. penses bear to such aggregate distributions. 1722), which runs the New Hampshire savings CSPN applauds your leadership on legisla- plan, and TIAA–CREF (877–697–2337; ‘‘(iii) ELECTION TO WAIVE EXCLUSION.—A tion to encourage savings for college. Cur- www.nysaves.org), which runs the New York taxpayer may elect to waive the application rently, there are over 849,288 signed college of this subparagraph for any taxable year. plan, make it easy. If your state later offers tuition contracts. The estimated fair market a savings plan with a tax deduction, you can ‘‘(iv) IN-KIND DISTRIBUTIONS.—Any benefit value of these contracts if $4.2 billion. The transfer your account penalty free. furnished to a designated beneficiary under a families participating in the programs appre- Both plans invest mostly in stocks in the qualified State tuition program shall be ciate your efforts on their behalf. early years and slowly shift into bonds and treated as a distribution to the beneficiary The College Savings Plans Network em- money markets as your student nears col- for purposes of this paragraph. braces and fully supports the intent of the lege age. You get no say in this allocation. ‘‘(v) DISALLOWANCE OF EXCLUDED AMOUNTS College Savings Act of 1999. The public pol- The impact of tax deferral is big. TIAA– AS CREDIT OR DEDUCTION.—No deduction or icy intent of this proposal is to enable and CREF estimates that someone in the 28% tax credit shall be allowed to the taxpayer under motivate families to save for college by pro- bracket saving $5,000 a year and mimicking any other section of this chapter for any viding clear and easily understood tax treat- its investments in a taxable account could qualified higher education expenses to the ment of the qualified state tuition plans. expect to accumulate $167,000 in 18 years. extent taken into account in determining CSPN greatly appreciates and fully sup- Deferring taxes and then paying them at the amount of the exclusion under this para- ports the legislation and your leadership on 15% brings the total to $190,000. The state de- graph.’’. this proposal. duction, for those who qualify, pushes the (b) COORDINATION WITH EDUCATION CRED- Sincerely, nest egg to $202,000. ITS.—Section 25A(e)(2) of the Internal Reve- MARSHALL BENNETT, Plan benefits: nue Code of 1986 (relating to coordination Chairman, College Savings Plans Network, Taxes are deferred and then paid at the with exclusions) is amended— and Mississippi State Treasurer. child’s lower rate; (1) by inserting ‘‘a qualified State tuition Families are eligible regardless of income program or’’ before ‘‘an education individual [From Time, Dec. 7, 1998] or state of residence; and retirement account’’; and Tax deductions are increasingly available NEW WAY TO SAVE FOR COLLEGE (2) by striking ‘‘section 530(d)(2)’’ and in- on state returns.∑ (Online advice from Time finance columnist serting ‘‘section 529(c)(3)(B) or 530(d)(2)’’. ∑ Mr. GRAHAM. Mr. President, I am Dan Kadlec) (c) COORDINATION WITH EDUCATION SAVINGS proud to join Senator MCCONNELL and BONDS.—Subparagraph (B) of section 135(d)(2) The best college-savings program you other colleagues in launching an initia- of the Internal Revenue Code of 1986 (relat- never heard about keeps getting better. As tive to increase Americans’ access to you think about year-end tax moves, con- ing to coordination with other higher edu- college education. Today we are intro- cation benefits) is amended by striking ‘‘sec- sider dropping some cash into a state-spon- tion 530(d)(2)’’ and inserting ‘‘section sored plan where money for college grows ducing the College Savings Act of 1999. 529(c)(3)(B) or 530(d)(2)’’. tax-deferred and may garner a fat state in- This bill would allow states to offer (d) EFFECTIVE DATE.—The amendments come tax exemption as well. This plan is rel- prepaid college tuition and savings pro- made by this section shall apply to taxable atively new and often gets confused with grams on a tax exempt basis. years beginning after December 31, 1998. more common prepaid-tuition plans, in These programs have flourished in which you pay today and attend later—re- the face of spiraling college costs. Ac- KENTUCKY HIGHER EDUCATION moving worries about higher tuition in the cording to the College Board, between ASSISTANCE AUTHORITY, future. Savings plans are vastly different and 1980 and 1997, tuition at public colleges in most cases superior because they are more Frankfort, KY, January 14, 1999. increased 107 percent, while the median Hon. MITCH MCCONNELL, flexible. U.S. Senate, Russell Office Building, Prepaid plans offer tax advantages, and income increased just 12 percent. The Washington, DC. some are portable, but many still apply only cause of this dramatic increase in tui- DEAR SENATOR MCCONNELL: Your tremen- to public colleges within the taxpayer’s tion is the subject of significant de- dous support of the Kentucky Educational state. What if Junior gets accepted to Har- bate. But whether these increases are Savings Plan Trust (Trust) has led to more vard? You can get your contributions back. attributable to increased costs to the favorable federal tax treatment of this pro- But some states refund only principal, beat- universities, reductions in state fund- gram and other qualified state tuition pro- ing you out of years’ worth of investment ing for public universities, or the in- grams (QSTPs) around the country. The suc- gains. And state prepaid plans make it cess achieved through your work provides tougher to get student aid because the creased value of a college degree, the Kentucky families a greater opportunity to money is held in the student’s name. With fact remains that financing a college save for the higher education costs of their savings plans the money is in a parent’s education has become increasingly dif- children. name, where it counts less heavily in stu- ficult. S1370 CONGRESSIONAL RECORD — SENATE February 8, 1999 Although the federal government has education. Florida’s experience shows posal would allow funds to also be used increased its aid to college students that it is not higher income families to install new mitigation devices that over the years, it is the states who who take most advantage of these will prevent future damage. We believe have engineered innovative ways to plans. It is middle income families who that such a program would address two help its families afford college. Michi- want the discipline of monthly pay- areas of need for small business—reduc- gan implemented the first prepaid tui- ments. They know that they would ing the costs of recovery from a disas- tion plan in 1986. Florida followed in have a difficult time coming up with ter and reducing the costs of future dis- 1988. Today 43 states have either imple- the funds necessary to pay for college asters. Furthermore, by cutting those mented or are in the process of imple- if they waited until their child en- future costs, the program presents an menting prepaid tuition plans or state rolled. In Florida, more than 70 percent excellent investment for taxpayers by savings plans. of participants in the state tuition pro- decreasing the Federal and State fund- Mr. President, prepaid college tuition gram have family incomes of less than ing required to meet future disaster re- plans allow parents to pay prospec- $50,000. lief needs. The ability of a small busi- tively for their children’s higher edu- I am pleased to have this opportunity ness to borrow money through the Dis- cation at participating universities. to join my colleagues in support of aster Loan Program to help make their States pool these funds and invest good tax policies which enhance our facility disaster resistant could mean them in a manner that will match or higher education goals. Prepaid tuition the difference as to whether that small exceed the pace of educational infla- plans deserve our support through en- business owner is able to reopen or tion. This ‘‘locks in’’ current tuition actment of legislation that would forced to go out of business altogether prices and guarantees financial access make them tax-free for American fami- after a disaster hits. to a future college education. lies and students.∑ On behalf of my fellow cosponsors, I Prior to 1996, the IRS had indicated urge my colleagues to support this ef- that it would treat the state entity By Mr. CLELAND (for himself, fort to facilitate disaster prevention that held and invested the funds as a Mr. KERRY, Mr. HOLLINGS, Mr. measures. Upon passage of this legisla- taxable corporation. In addition, the CONRAD, Mrs. BOXER, Mr. tion, the costs in terms of property, IRS stated its intent to tax families DASCHLE, and Mr. HARKIN): taxpayer dollars, and lives will be re- annually on earnings on amounts S. 388. A bill to authorize the estab- duced when nature strikes in the fu- transferred to a state program. In the lishment of a disaster mitigation pilot ture. Small Business Jobs protection Act, program in the Small Business Admin- Mr. President, I ask unanimous con- The 104th Congress did two things: (1) istration; to the Committee on Small sent that the text of the bill be printed Business. it said that provided the program met in the RECORD. certain standards, the state program DISASTER MITIGATION PILOT PROGRAM There being no objection, the bill was LEGISLATION would be tax exempt. (2) Congress also ordered to be printed in the RECORD, as said that families could not be taxed on ∑ Mr. CLELAND. Mr. President, on be- follows: half of my fellow original cosponsors, I earnings on an account until a dis- S. 388 tribution is made from the state plan am proud to introduce legislation to the family or the applicable college. which will provide a valuable protec- Be it enacted by the Senate and House of Rep- tion for America’s small businesses. resentatives of the United States of America in At that point, student beneficiary Congress assembled, could be taxed on the earnings. This initiative would permit the SECTION 1. DISASTER MITIGATION PILOT PRO- The following year, in the Taxpayer Small Business Administration to use GRAM. Relief Act, The 105th Congress clarified up to $15 million of existing disaster (a) IN GENERAL.—Section 7(b)(1) of the that this deferral of taxation applied funds to establish a pilot program to Small Business Act (15 U.S.C. 636(b)(1)) is not only to prepaid tuition but also to provide small businesses with low-in- amended— prospective payments for room and terest, long-term disaster loans to fi- (1) in subparagraph (B), by adding ‘‘and’’ at board. nance preventive measures before a the end; and Senator MCCONNELL and I believe disaster hits. (2) by adding at the end the following: that The 106th Congress must go one Across the nation, increasing costs ‘‘(C) during fiscal years 2000 through 2004, step further. Distributions from these and personal devastation associated to establish a predisaster mitigation pro- gram to make such loans (either directly or accounts should be 100 percent tax free. with disasters continually plague com- in cooperation with banks or other lending Students should be able to enroll in munities. While it may be impossible institutions through agreements to partici- college without fear of them having to to prevent disasters, we believe that pate on an immediate or deferred (guaran- pay taxes on the money accrued. this legislation makes it possible to teed) basis), as the Administrator may deter- We believe that these programs limit the number of disaster victims. mine to be necessary or appropriate, to en- should be tax free for numerous rea- In response to the financial and able small businesses to use mitigation tech- sons. First, for most families, they human toll caused by disasters, the ad- niques in support of a formal mitigation pro- have in essence purchased a service to ministration launched an approach to gram established by the Federal Emergency Management Agency, except that no loan or be provided in the future. The accounts emergency management that moves guarantee may be extended to a small busi- are not liquid. The funds are trans- away from the current reliance on re- ness under this subparagraph unless the Ad- ferred from the state directly to the sponse and recovery to one that em- ministration finds that the small business is college or university. Under current phasizes preparedness and prevention. otherwise unable to obtain credit for the policy, the student is required to find The Federal Emergency Management purposes described in this subparagraph;’’. other means of generating the funds to Agency established its Project Impact (b) AUTHORIZATION OF APPROPRIATIONS.— pay the tax. Second, Congress should Program to assist disaster-prone com- Section 20 of the Small Business Act (15 make these programs tax free in order munities in developing strategies to U.S.C. 631 note) is amended by adding at the to encourage savings and college at- avoid the crippling effects of natural end the following: ‘‘(f) DISASTER MITIGATION PILOT PRO- tendance. No longer is a student’s ques- disasters. GRAM.—The following program levels are au- tion ‘‘Will I be able to go to college?’’ Our legislation supports this ap- thorized for loans under section 7(b)(1)(C): but instead ‘‘Where will I go to col- proach by allowing the SBA to begin a ‘‘(1) $15,000,000 for fiscal year 2000. lege?’’ Third, making these accounts pilot program that would be limited to ‘‘(2) $15,000,000 for fiscal year 2001. tax free is good education fiscal policy. small businesses within those commu- ‘‘(3) $15,000,000 for fiscal year 2002. For states that do set up programs nities that are eligible to receive disas- ‘‘(4) $15,000,000 for fiscal year 2003. where they guarantee a tuition price ter loans after a disaster has been de- ‘‘(5) $15,000,000 for fiscal year 2004.’’. by selling contracts, the existence of clared. (c) EVALUATION.—On January 31, 2003, the Currently, SBA disaster loans may Administrator of the Small Business Admin- these programs puts downward pres- istration shall submit to the Committees on sure on education inflation. only be used to repair or replace exist- Small Business of the House of Representa- Perhaps most importantly, prepaid ing protective devices that are de- tives and the Senate a report on the effec- tuition and savings programs help mid- stroyed or damaged by a disaster. The tiveness of the pilot program authorized by dle income families afford a college pilot program authorized by our pro- section 7(b)(1)(C) of the Small Business Act February 8, 1999 CONGRESSIONAL RECORD — SENATE S1371 (15 U.S.C. 636(b)(1)(C)), as added by sub- stalling storm windows and building a and Science Study (TIMSS) ranked section (a) of this section, which report shall stronger roof. For hurricanes it can U.S. high school seniors last among 16 include— mean reinforcing walls. And for fires it countries in physics and next to last in (1) information relating to— can mean adding sprinklers and flame- math. These disappointing results un- (A) the areas served under the pilot pro- gram; retardant building materials. derscore the challenge we face in im- (B) the number and dollar value of loans The Administration supports this proving our public schools and provid- made under the pilot program; and pilot program and included it in Clin- ing our children with a competitive, (C) the estimated savings to the Federal ton’s budget request this fiscal year, world-class education. Government resulting from the pilot pro- and again for fiscal year 2000. The A big part of that challenge will be gram; and President requests that up to $15 mil- funding, recruiting and retaining qual- (2) such other information as the Adminis- lion of the total $358 million proposed ity teachers to make America’s chil- trator determines to be appropriate for eval- for disaster loans be used for disaster dren ready for tomorrow, particularly uating the pilot program. ∑ mitigation loans. in the area of math and science. The Mr. KERRY. Mr. President, today I Senator CLELAND and I introduced Department of Education estimates join my colleague, Senator MAX this same legislation in the last Con- that the nation’s local school districts CLELAND, in introducing the Disaster gress. And although it passed commit- will need to hire more than two million Mitigation Coordination Act of 1999, a tee and the full Senate without opposi- teachers over the next decade to meet bill that helps our nation’s small busi- tion, the House did not have time to growing enrollment demands. nesses save money and prepare for nat- vote on its merits before the 105th Con- It is essential that we work together ural disasters. gress ended. I thank my colleagues, to develop and support innovative pro- We can’t prevent disasters, but we Senators HOLLINGS, CONRAD, BOXER, grams which help address this growing can take measures to lessen and pre- DASCHLE and HARKIN for sharing our need for school teachers. Fortunately, vent the destruction that often hurts, concern to meet the needs of our small an effective and innovative program and sometimes destroys, small busi- business owners while also working to for addressing this shortfall already ex- nesses. Aside from avoiding inconven- find solutions that are smarter, more ists, the Troops to Teachers program. iences and disruptions, we know that pro-active and more cost-effective. Mr. As many of my colleagues know, the there are cost-benefits to making President, I am pleased to cosponsor Troops to Teachers program was ini- meaningful improvements and changes this legislation and am hopeful it will tially created in 1993 to assist military to facilities before a disaster. Accord- again receive the full support it de- personnel affected by defense ing to the Federal Emergency Manage- serves when it comes before the Senate downsizing but were interested in uti- ment Agency, which has a disaster this Congress. lizing their knowledge, professional mitigation program for communities, skills and expertise by becoming a rather than businesses, we know that By Mr. MCCAIN (for himself, Mr. teacher. Unfortunately, the authoriza- we save two dollars of disaster relief ROBB, Mr. LIEBERMAN, Mr. tion for this program is set to expire at money for each dollar spent on disaster DEWINE, Mr. LEVIN, Mr. KEN- the end of this fiscal year. mitigation. NEDY, Mr. BINGAMAN, Mr. Senators ROBB, LIEBERMAN and I were I see a great need for this type of as- CLELAND, Mrs. FEINSTEIN, Mr. disconcerted to learn that this success- sistance in the small business commu- HUTCHINSON, Mr. CONRAD, Mr. ful program would soon be terminated. nity. This bill establishes a five-year ALLARD, and Mr. SMITH of New We joined together to develop a bipar- pilot program that would make low-in- Hampshire): tisan bill which not only reauthorizes terest, long-term loans available to S. 389. A bill to amend title 10, this program but strengthens and re- small business owners financing pre- United States Code, to improve and forms it so that it more effectively ventive measures to protect their busi- transfer the jurisdiction over the meets the academic needs of our stu- nesses against, and lessen the extent troops-to-teachers program, and for dents and schools. of, future disaster damage. This pilot other purposes; to the Committee on Our bill reforms this program so that program is designed to help those small Health, Education, Labor, and Pen- it operates more efficiently and effec- businesses that can’t get credit else- sions. tively targets the educational needs of where and that are located in disaster- TROOPS TO TEACHERS IMPROVEMENT ACT OF 1999 our students. First, our bill transfers prone areas. ∑ Mr. MCCAIN. Mr. President, I rise responsibility and funding for this pro- The small business pre-disaster miti- today to introduce the Troops to gram from the Department of Defense gation loan pilot program would be run Teachers Improvement Act of 1999. to the Department of Education. I and as part of the Small Business Adminis- This legislation would help provide many other members of the Armed tration’s regular disaster loan pro- high-quality teachers to our nation’s Services Committee believe that this is gram, testing the pros and cons of pre- classrooms by assisting and counseling appropriate since it targets an edu- paredness versus reaction. Up to $15 retired military personnel who are in- cational need, rather than a military million will be set aside for this pilot if terested in beginning a new career as a issue in our country and the Defense enacted. teacher. I have worked hard with my Department needs to use their limited Only a portion of SBA’s regular dis- colleagues, Senators ROBB and resources to address a litany of prob- aster loans, up to 20 percent, are avail- LIEBERMAN to develop a bill which lems impairing the readiness of our able for mitigation after a recent natu- strengthens, reforms and reauthorizes armed forces. ral disaster. In contrast, this legisla- the current Troops to Teachers pro- Another important concern we ad- tion would allow 100 percent of an SBA gram in a manner which effectively ad- dress in our bill is eligibility. Under disaster loan to be used for mitigation dresses the educational needs of our the current program, military person- purposes within any area that the Fed- nation’s students. nel are eligible for participation after eral Emergency Management Agency One of the most important issues fac- serving only six years in the military. has designated as disaster-prone. In ing our nation is the education of our This eligibility policy is outdated and Massachusetts, that includes children. Providing a solid, quality no longer appropriate while our mili- Marshfield and Quincy, two coastal education for each and every child in tary is facing a personnel retention cri- communities that are prone to flood- our nation is a critical component in sis. Therefore, we have limited eligi- ing, rainstorms and Nor’easters. their quest for personal success and bility to military personnel who retire Nationwide, whether you’re a busi- fulfillment. A solid education for our after at least twenty years of service, ness in Missouri or Massachusetts, this children also plays a pivotal role in the physically disabled personnel or indi- pilot would allow you to take out a success of our nation, economically, in- viduals who have served a minimum of loan to make the improvements to tellectually, civically and morally. six years and can provide documenta- your building or office to protect Unfortunately, our current education tion they were affected by military against disasters. For floods it can system is failing to provide many stu- downsizing. mean elevating the foundation or relo- dents with the academic skills they Based on academic scores, particu- cating. For tornados it can mean in- need. The Third International Math larly the TIMSS report it is evident S1372 CONGRESSIONAL RECORD — SENATE February 8, 1999 that a stronger emphasis needs to be worked hard to help Virginia schools downsized service members in public placed on the academic preparation of get ‘‘wired’’ to the Internet—indeed schools in 48 different states, providing our children in the areas of math and I’ve helped physically wire several participants with assistance in obtain- science. This is why we have made schools across the Commonwealth. ing the proper certification or licens- math, science, and special education But ultimately, nothing matters ing and matching them up with pro- teachers a priority for the Troops to more for the education of our youth spective employers. In return, these Teachers program. than quality teachers. The Department new teachers bring to the classroom We also recognize the difficulties of Education estimates that the na- what educators say our schools need which face many of our schools, par- tion’s local school districts must hire most: mature and disciplined role mod- ticularly those with a large proportion more than two million teachers over els, most of them male and many of of at-risk students who pose a greater the next decade to meet growing en- them minorities, well-trained in math challenge to educators. Many schools rollment demands. and science and high tech fields, highly are confronted with the difficult task This legislation builds on an existing motivated, and highly capable of work- of educating children who face a litany program—the Troops-to-Teachers pro- ing in challenging environments. of personal obstacles, including pov- gram established originally in 1993—to Our bill, the Troops to Teachers Im- erty, broken homes, language barriers, help bring experienced, well-disciplined provement Act, aims to build on this learning disabilities and physical dis- role models with proven leadership success by encouraging more military abilities. We have attempted to help skills into the public school system. retirees to move into teaching. It schools conquer these challenges by Since its authorization, the Troops-to- would do so by offering those departing providing incentives for individuals Teachers program has assisted thou- troops new incentives to enter the who commit to teaching for a mini- sands of military personnel who leave teaching profession, particularly for mum of four years at a school with a the military to become public school those who are willing to serve in areas large proportion of at-risk students teachers. Troops-to-Teachers offers with large concentrations of at-risk and a significant shortage of teachers. counseling and assistance to help par- children and severe shortages of quali- Finally, we have limited the cost of ticipants identify employment oppor- fied teaching candidates. this program to the federal government tunities and receive teacher certifi- The reality is, Mr. President, that by eliminating excessive, duplicative cation. It has been a great success, fill- the nation as a whole is facing a seri- or unnecessary expenses. We have also ing school vacancies in 48 states. ous teacher shortage. The Department These professionals are providing limited administrative costs to operate of Education is projecting that local what educators say they need the this program to five percent, to ensure school districts will have to hire more most: mature role models, most of that federal funds being spent on this than two million new teachers over the them male and many minorities, often program are actually benefitting our next decade due to surging enrollments trained in math and science, highly children and education system, rather and the aging of America’s teaching motivated, and comfortable in tough than being absorbed by Washington bu- force. We were reminded again of this working environments. In fact, over reaucrats. problem just this past Sunday by a three quarters are men, compared with ‘‘A teacher affects eternity; they can front-page in the Washington Post, about 25 percent in the overall public never tell where their influence stops.’’ which described in some detail the school system. About half elect to I share this sentiment of Henry Adams, challenge facing school systems across teach in inner city or rural schools. A and hope that each of my colleagues the country. disproportionate share have science, will work with us to continue provid- As the Post article pointed out, this engineering or technical backgrounds. ing high quality, experienced and effec- is a critical challenge for the nation, Retention is much higher than the na- tive teachers to our children through because our hopes of raising academic tional average. the Troops to Teachers program. It is The authority for Troops-to-Teachers standards and student achievement important for our children, for our na- expires at the end of this fiscal year. will hinge in large part on the capabili- tion and for our future.∑ The legislation we are introducing here ties and talents of the men and women ∑ Mr. ROBB. Mr. President, I’m pleased today reauthorizes the program and who fill those two million places in the to be joined today by several col- makes many refinements to encourage classroom. Studies show conclusively, leagues in introducing legislation that even more of our soldiers, sailors, air- and not surprisingly, that teacher will help with one of the nation’s most men and marines to enter the noble quality is one of the greatest deter- pressing challenges for the twenty first profession of teaching America’s minants of student achievement, and century—recruiting teachers for our youth. The legislation focuses more re- that low-performing students make public schools. sources toward direct financial assist- dramatic gains when they study with The deterioration of our schools is ance to cover teacher certification the most knowledgeable teachers. The evident. The Third International Math costs for applicants, and creates a American public is very aware of this and Science Study (TIMSS) ranked bonus for those opting to teach in cer- crucial link, as evidenced in a survey U.S. high school seniors last among 16 tain high need schools. Fewer resources done last November, in which nine out countries in physics and next to last in are made available for administrative of 10 people listed raising teacher qual- math. We are failing to provide the and other overhead costs. The bonus, I ity as one of our top educational prior- quality of education that will not only believe, will be particularly effective in ities. ensure each individual student the attracting larger numbers of appli- The President began to address this skills needed for personal success and cants. A recent offering of a sign-up critical challenge with his proposal to fulfillment, but also that the nation bonus of $20,000 in Massachusetts pub- hire 100,000 new teachers, a plan I was can maintain its economic—and intel- lic schools led to an explosion in appli- proud to cosponsor. The Congress gave lectual—leadership into the next cen- cations from around the country. preliminary approval to this plan last tury. Mr. President, I urge other Senators fall through the Omnibus Appropria- Clearly there are many measures to support this important legislation tions bill we passed, which included that must be taken to address this na- and I look forward to it being brought funding for the first year of the pro- tional dilemma. Our school infrastruc- forward for final passage this year.∑ gram. I hope we will fully authorized ture is literally crumbling. I was joined ∑ Mr. LIEBERMAN. Mr. President, I this program this year to give local recently by Senator LAUTENBERG in in- am pleased to join with Senators school districts full confidence that the troducing the Public School Mod- MCCAIN and ROBB today in introducing funding for their efforts will be forth- ernization Act of 1999, which will sup- legislation to extend and expand the coming. port building new schools and repair Defense Department’s successful But the question remains who is and modernization of old schools to ac- Troops to Teachers initiative, which going to fill those new positions, and it commodate a growing school popu- helps to steer former military person- is this question that most concerns me. lation and reduce class size. nel into classroom teaching jobs. Over the last few years, we have seen Many schools have been left out of To date Troops to Teachers has some troubling indications about the the information revolution. I have placed more than 3,000 retired or quality of teaching candidates being February 8, 1999 CONGRESSIONAL RECORD — SENATE S1373 produced by the nation’s education where shortages are most acute and ing standards and helping our children schools. Most Americans would prob- where strong male role models are realize their potential. And we may ably be surprised to learn that college most needed; and that 85 percent of the well galvanize support for a recruit- students who choose to go into teach- troops who started teaching over he ment method that, as Education Sec- ing today tend to fall near the bottom last four years are still on the job, a re- retary Richard Riley has suggested, of their peer group academically—a tention rate far higher than for other could serve as a model for bringing survey of students in 21 different fields new educators. many more bright, talented people of study found that education majors One of the most important needs from different professions to serve in ranked 17th in their performance on these troops are filling is in math and our public schools and raise teaching the SAT. science classes. Several surveys have standards there. And most Americans would probably shown that a startling number of the The President has already expressed also be surprised to know that many of men and women who are teaching math his strong support for our efforts to those would-be teachers are struggling and science in middle and high schools renew and revitalize Troops to Teach- to pass basic skills tests after graduat- today are not trained in these fields. ers, including new funding for it in his ing from their training programs. In This problem is especially severe in FY 2000 budget request. I hope my col- Massachusetts, for example, 59 percent inner city school districts, where ap- leagues will join the impressive bipar- of the 1,800 candidates who took the proximately half of all math and tisan coalition of cosponsors we have state’s first-ever certification exam science teachers lack a major or minor already assembled in supporting our flunked a literacy exam that the state in their field. The soldiers who are par- legislation. We have a great oppor- board of education chairman rated as ticipating in Troops to Teachers often tunity here to harness a unique na- at ‘‘about the eight-grade level,’’ In have advanced training in engineering tional resource to meet a pressing na- Long Island, to cite another example, and technology, and are well-equipped tional need, and I hope we will seize it only one in four teaching candidates in to prepare our children for the de- this year. a pool of 758 could pass an English test mands of the Information Age econ- Mr. President, I ask unanimous con- normally given to 11th-graders. omy. sent that an article from the Washing- These indicators are troubling in It there is one place where Troops to ton Post be printed in the RECORD. their own right, but they are even Teachers is falling short, it is in the There being no objection, the article more so when we consider the pressures number of participants. According to was ordered to be printed in the local school districts are under to fill the Defense Department, less than 2 RECORD, as follows: holes in their teaching staffs. Many percent of the military personnel who [From the Washington Post, Feb. 7, 1999] school systems around the country are have been eligible for the program have already feeling the effects of the teach- TEACHER SHORTAGE STYMIES EFFORTS TO CUT participated in the past five years. This CLASS SIZES er shortage, and as a result administra- is due in part, we believe, to the fact tors are being forced to grant large (By Amy Argetsinger) that Congress has not appropriated any In 1996, California enacted perhaps the numbers of emergency waivers to cer- money for the program in the last four tification or licensure rules. This is a most ambitious education initiative of the years, and thereby stopped providing decade—a $1 billion program to reduce the troubling trend, because while certifi- any financial support to troops who size of elementary school classes by hiring cation is not a guarantee of quality, often incur thousands of dollars in 20,000 extra teachers. the fact that so many schools are low- costs for certification and relocations. Parents cheered the plan, and other ering their standards to fill vacancies The central goal of our legislation— states—including Maryland and Virginia— only heightens the chance that chil- beyond renewing the program’s author- have rushed to imitate it. President Clinton dren in those schools will be struck ization, which expires at the end of this joined in, too, promising a national plan to with an unqualified instructor. help hire 100,000 teachers in the next several fiscal—is to boost that participation years. In light of all of these developments, rate, to persuade more troops to em- I think it is imperative that we search But California’s effort instantly posed a brace a new way to serve their nation. question that is likely to be echoed across for new ways to attract more of the na- Our bill would authorize $25 million for the country as many schools embark on a tion’s best and brightest to the class- each of the next five years, the bulk of historic hiring binge: room, and we look beyond our edu- which would go toward funding sti- Where are all these new teachers supposed cation schools to tap new pools of tal- pends of $5,000 to participants who to come from? ent. That is why I am so enthusiastic California found enough teachers—but only commit to teach four years, and a spe- by draining its substitute pools, raiding pri- about the creative approach taken by cial ‘‘bonus’’ stipend of $10,000 to the Troops to Teachers program. I vate schools, recruiting from other states troops who commit to teach in high- and Mexico and hiring thousands without can’t think of a better source of teach- needs areas, which we hope will spur state teaching licenses. Today, about 10 per- ing candidates than the smart, dis- more former service members to con- cent of the state’s teachers are working with ciplined and dedicated men and women sider teaching. ‘‘emergency’’ credentials. who leave the military every year, or a I particularly hope our legislation It’s a problem that could appear in many better return on the investment we as will increase participation in my state other school districts that are bracing for taxpayers have made in their training. of Connecticut. According to the De- their worst teacher shortages in years, at the A recent evaluation done by the non- same time they are trying to fulfill the popu- fense Department, only six troops have lar education reform goals of raising teacher partisan National Center for Education been placed in teaching jobs in Con- Information reveals that the troops standards and reducing class sizes. necticut to date, which is disappoint- Already, in Prince George’s County, an who have participated so far have ex- ing given the significant number of early collision of these goals suggests that celled in their new careers. military personnel located in the state. sometimes something has to give. When Gov. Our research shows that military people The Connecticut Department of Edu- Parris N. Glendening (D) promised to hire transition extremely well into teaching,’’ cation believes local school districts 1,100 new teachers, he also warned that said NCEI President Emily Feistritzers. school districts must have at least 98 percent ‘‘They are a rich source of teachers in all the could substantially benefit from this of their teachers with full state certification areas where we need teachers—geographi- untapped resource, and for that reason by 2002 or risk losing the new funds. But in cally and by subject area. There are more the department has strongly voiced its counties such as Prince George’s, which of- males among them than in normal recruit- support for our legislation. fers mid-range salaries and where only 87 ing, and they are very committed; they are Even with the new incentives we are percent of teachers are fully certified, offi- going into teaching for all the right reasons. creating, which we hope will recruit as cials complain they cannot possibly improve The NCEI study found that 90 percent many as 3,000 new teachers each year, their numbers that fast. of program participants were male, in we recognize that Troops to Teachers This week, aides said the governor may comparison to the current teaching will still only make a modest dent in consider giving some districts more time to reach the goal. force, which is three-quarters female; solving the national shortage. But we ‘‘It’s a very delicate balancing act,’’ that more than 75 percent of the troops will, with an extremely modest invest- warned Lawrence E. Leak, Maryland’s assist- were teaching in inner cities or in ment, make a substantial contribution ant superintendent of schools. ‘‘Each one of small towns and rural areas, often to our common goals of raising teach- those issues’’—shortages, standards and class S1374 CONGRESSIONAL RECORD — SENATE February 8, 1999 sizes—‘‘are compelling with respect to want- cians insist that with fewer students in a percent of teachers drop out within five ing quality teachers in the classroom.’’ room, a teacher can provide more individual years. ‘‘We waste a lot of money and time Last fall, public school officials through- attention to each and thus enrich the learn- and effort with the revolving door,’’ Darling- out the Washington area and across the ing experience. Clinton’s proposal won fund- Hammond said, ‘‘trying to recruit people, country found themselves scrambling to fill ing for a first-stage hire of 30,000 teachers then treating them badly and watching them last-minute teaching vacancies. Most were who will join the nation’s classrooms this leave.’’ in science and math classes, where instruc- fall. David Haselkorn, president of Recruiting tors can command much higher salaries in Meanwhile, both Glendening and Virginia New Teachers Inc., said school systems need booming high-tech private industries. Many Gov. James S. Gilmore III (R) are touting to offer mentoring programs for struggling districts also reported shortages of special their own class-size reduction plans, now new teachers—such a plan has been proposed education teachers. under consideration in their state legisla- in the Maryland General Assembly. And he Yet a more serious and widespread short- tures. And individual school districts—in- said he hopes the crunch will inspire local of- age is looming. In the next decade, rising cluding Montgomery and Howard counties ficials to consider raising salaries and other- student enrollments and a wave of baby- and Alexandria—are pouring money into wise improve teachers’ working conditions. boomer retirements will require 2 million similar programs. (D.C. officials have no ‘‘The opportunity is to use this moment in new teachers, according to the U.S. Depart- plan to reduce their relatively small class time—when we are going to be doing a sub- ment of Education. Meanwhile, teacher col- sizes, although they agree that teachers are stantial amount of hiring—to rethink sig- leges in many parts of the country are turn- always at a premium.) nificantly how we prepare and support teach- ing out fewer graduates—a phenomenon at- Most of the class-size reduction plans are ers for the 21st century.’’∑ tributed to both the low birth rates of the aimed at kindergarten through third grade, mid-1970s and that generation’s reluctance to where researchers believe children are best By Mr. REID: enter such a demanding but low-paying field. served by the extra attention. Some plans S. 390. A bill to amend title II of the School districts have responded by crank- also would add more teachers in seventh- or Social Security Act to allow workers ing up recruitment efforts, setting off early ninth-grade math, another critical juncture who attain age 65 after 1981 and before across the country in search of top teacher for students. 1992 to choose either lump sum pay- Some analysts argue that smaller classes— candidates, forging ties with education ments over four years totaling $5,000 or schools, and piling on the incentives. Balti- though increasing the demand for teachers— may help solve the shortages by making an improved benefit computation for- more schools last year started offering job mula under a new 10-year rule govern- prospects $5,000 toward closing costs on a teaching more appealing. In California, new home in the city. Some North Carolina schools had little trouble finding teachers ing the transition to the changes in for the new first- and second-grade slots, districts promise 6.5 percent annual raises. benefit computation rules enacted in which promised no more than 20 students a Massachusetts caused a sensation this the Social Security Amendments of class. 1977, and for other purposes; to the month by offering top teaching-school grad- The catch, however, was that many of uates the chance to apply for competitive them deserted posts in crowded middle Committee on Finance. $20,000 signing bonuses. school classrooms to take the new jobs— ∑ Mr. REID. Mr. President, I rise today At the University of Virginia last week, a leaving a void in the upper-grade teaching to introduce legislation that would cor- record 210 recruiters showed up at a job fair ranks. rect a problem that plagues a special to woo a graduating class of only 150 teach- At the same time, politicians have increas- group of older Americans. I am speak- ing majors—20 of whom were already spoken ingly made an issue about the quality of pub- ing on behalf of those affected by the for. lic school teachers. Virginia last year set the Social Security notch. ‘‘It’s unheard of,’’ said Gigi Davis-White, a highest cutoff score in the nation on the career-planning director at the university’s For my colleagues who may not be standardized test for aspiring teachers. aware, the Social Security notch Curry School of Education. ‘‘I had recruiters Maryland, meanwhile, has set several new complaining. .. . They’d never really had to hurdles for teachers, requiring them to take causes 11 million Americans born be- work that fast.’’ several more reading courses for certifi- tween the years 1917–1926 to receive The demand is not limited to students with cation and linking their license renewal to less in Social Security benefits than an education degree, she said. ‘‘If you have a regular evaluations. Americans born outside the notch math, science or foreign language back- Lately in Maryland, state officials also years due to changes made in the 1977 ground, they’ll provisionally certify you and have raised concerns about the large number get you in the classroom.’’ Social Security benefit formula. of teachers lacking full certification, espe- I have felt compelled over the years Deeply concerned about the looming short- cially in Prince George’s County and Balti- ages, Maryland legislators are weighing a more. Fully certified teachers generally to speak out about this issue and the passel of measures to lure more people into must pass a set of approved education injustice it imposes on millions of teaching. courses, have some student teaching experi- Americans. The notch issue has been Glendening is promoting full scholarships ence and pass a national teacher’s exam. debated and debated, studied and stud- for students who promise to teach in Mary- Officials in these districts maintain that ied, yet to date, no solution to it has land schools. And although a pitch by state just because a teacher is uncertified doesn’t been found. Because of this, many older Superintendent of Schools Nancy S. mean he or she is a bad teacher—many of the Grasmick to give teachers tax breaks found ‘‘provisionally’’ certified teachers are close Americans born during this period no sponsor, proposals now before the state to completing the requirements for licen- must scrimp to afford the most basic of General Assembly include $3,000 signing bo- sure. necessities. nuses for top graduates, tax credits to re- But they also complain that their smaller Mr. President, I am the first to ac- ward graduate studies, stipends for high-per- budgets and larger enrollments make it hard knowledge that with any projected forming teachers, and pension protections to to vie for the dwindling pool of qualified ap- budget surplus we must save Social Se- encourage retired teachers to return to the plicants. ‘‘The competition is intense,’’ said curity. In many ways, my legislation classroom. Sen. Gloria G. Lawlah (D-Prince Louise F. Waynant, Prince George’s deputy does just this. It restores confidence to George’s) is proposing scholarships for stu- superintendent of schools. ‘‘And we do find dents who promise to teach in Prince that school districts with higher teacher sal- the many notch victims around the George’s and property tax breaks for county aries have a bit of an advantage.’’ country and will show them that we in teachers. Gordon Ambach, the executive director of Congress will accept responsibility for Yet some say such efforts fall short. Karl the Council of Chief State School Officers, any error that was made. We should Pence, president of the Maryland State argues that the teacher shortage will have not ask them to accept less as a result Teachers Association, said state officials little effect on affluent suburbs but will hit of our mistake. While we must save So- need to focus less on quick fixes and cash bo- hard in school systems such as Prince cial Security for the future, we have an nuses than on making teaching a more desir- George’s and the District, which have great- obligation to those, who through no able and respected profession. er pockets of poor and immigrant students. ‘‘There are lots of teachers who would ac- But some education analysts—especially fault of their own, receive less than cept challenges of working in at-risk schools advocates for teaching—see opportunity in those that were fortunate enough to be if they could have reasonable class size, the the teacher crunch. Linda Darling-Ham- born just days before or after the notch materials they need, clean and safe build- mond, executive director of the National period. ings, and technology right there in the class- Commission on Teaching and America’s Fu- I believe we owe a debt to notch ba- room,’’ he said. ture, notes that some parts of the country bies. Like any American family, we But the best attempts to fight the teacher produce more than enough teachers, but that must first pay the bills before we in- shortage may be complicated by efforts to those instructors cannot easily get licensed vest in the future. We have the re- reduce class size—which require hiring even in other states. She said states should offer more teachers. more reciprocity in teacher licensing. sources to make good on our debt to It’s one of the most politically popular She also said the real shortage problem notch babies. We should come forward issues of the day: Many parents and politi- stems from high rates of attrition—almost 30 and honor our commitment. February 8, 1999 CONGRESSIONAL RECORD — SENATE S1375 Mr. President, the ‘‘notch’’ situation S. 390 applicable) and ending with the calendar had its origins in 1972, when Congress Be it enacted by the Senate and House of Rep- year in which such individual attains age 61, decided to create automatic cost-of-liv- resentatives of the United States of America in plus the 3 calendar years after such period ing adjustments to help Social Secu- Congress assembled, for which the total of such individual’s SECTION 1. SHORT TITLE. wages and self-employment income is the rity benefits keep pace with inflation. largest; and Previously, each adjustment had to This Act may be cited as the ‘‘Notch Fair- ness Act of 1999’’. ‘‘(iii) subdivision (I) in the last sentence of await legislation, causing bene- paragraph (4) shall be applied as though the ficiaries’ monthly payments to lag be- SEC. 2. NEW GUARANTEED MINIMUM PRIMARY words ‘without regard to any increases in INSURANCE AMOUNT WHERE ELIGI- hind inflation. When Congress took BILITY ARISES DURING TRANSI- that table’ in such subdivision read ‘includ- this action, it was acting under the TIONAL PERIOD. ing any increases in that table’. ‘‘(F) This paragraph shall apply in the case best of intentions. (a) IN GENERAL.—Section 215(a) of the So- Unfortuately, this new benefit ad- cial Security Act (42 U.S.C. 415(a)) is of any individual only if such application re- amended— sults in a primary insurance amount for such justment method was flawed. To func- individual that is greater than it would be if tion properly, it required that the (1) in paragraph (4)(B)— (A) by inserting ‘‘(with or without the ap- computed or recomputed under paragraph economy behave in much the same plication of paragraph (8))’’ after ‘‘would be (4)(B) without regard to this paragraph. ‘‘(G)(i) This paragraph shall apply in the fashion that it had in the 1950s and made’’; and case of any individual subject to any timely 1960s, with annual wage increases out- (B) in clause (i), by striking ‘‘1984’’ and in- election to receive lump sum payments pacing prices, and inflation remaining serting ‘‘1989’’; and under this subparagraph. relatively low. As we all know, that did (2) by adding at the end the following: ‘‘(ii) A written election to receive lump not happen. The rapid inflation and ‘‘(8)(A) In the case of an individual de- sum payments under this subparagraph, in high unemployment of the 1970s gen- scribed in paragraph (4)(B) (subject to sub- lieu of the application of this paragraph to erated increases in benefits. In an ef- paragraphs (F) and (G) of this paragraph), the computation of the primary insurance the amount of the individual’s primary in- fort to end this problem, in 1977 Con- amount of an individual described in para- surance amount as computed or recomputed graph (4)(B), may be filed with the Commis- gress revised the way that benefits under paragraph (1) shall be deemed equal to were computed. In making its revi- sioner of Social Security in such form and the sum of— manner as shall be prescribed in regulations sions, Congress decided that it was not ‘‘(i) such amount, and of the Commissioner. Any such election may proper to reduce benefits for persons ‘‘(ii) the applicable transitional increase be filed by such individual or, in the event of already receiving them; it did, how- amount (if any). such individual’s death before any such elec- ever, decide that benefits for all future ‘‘(B) For purposes of subparagraph (A)(ii), tion is filed by such individual, by any other retirees should be reduced. As a result, the term ‘applicable transitional increase beneficiary entitled to benefits under section amount’ means, in the case of any individ- those born after January 1, 1917 would, 202 on the basis of such individual’s wages ual, the product derived by multiplying— and self-employment income. Any such elec- by design, receive benefits that were, ‘‘(i) the excess under former law, by in many cases, far less. In an attempt tion filed after December 31, 1999, shall be ‘‘(ii) the applicable percentage in relation null and void and of no effect. to ease the transition to the new, lower to the year in which the individual becomes ‘‘(iii) Upon receipt by the Commissioner of benefit levels, Congress designed a spe- eligible for old-age insurance benefits, as de- a timely election filed by the individual de- cial ‘transitional computation method’ termined by the following table: scribed in paragraph (4)(B) in accordance for use by beneficiaries born between ‘‘If the individual with clause (ii)— 1917 and 1921. becomes eligible for The applicable ‘‘(I) the Commissioner shall certify receipt Mr. President, we have an obligation such benefits in: percentage is: of such election to the Secretary of the to convey to our constituents that So- 1979 ...... 55 percent Treasury, and the Secretary of the Treasury, 1980 ...... 45 percent cial Security is a fair system. In town after receipt of such certification, shall pay 1981 ...... 35 percent such individual, from amounts in the Federal hall meetings back home in Nevada, I 1982 ...... 32 percent Old-Age and Survivors Insurance Trust have a hard time trying to tell that to 1983 ...... 25 percent Fund, a total amount equal to $5,000, in 4 an- a notch victim. They feel slighted by 1984 ...... 20 percent nual lump sum installments of $1,250, the their government and if I were in their 1985 ...... 16 percent first of which shall be made during fiscal situation, I would too. Through no 1986 ...... 10 percent year 2000 not later than July 1, 2000, and 1987 ...... 3 percent ‘‘(II) subparagraph (A) shall not apply in fault of their own, they receive less, 1988 ...... 5 percent. sometimes as much as $200 less, than determining such individual’s primary insur- ‘‘(C) For purposes of subparagraph (B), the ance amount. their neighbors. term ‘excess under former law’ means, in the ‘‘(iv) Upon receipt by the Commissioner as The legislation I am offering today is case of any individual, the excess of— of December 31, 1999, of a timely election my proposal to right the wrong. I pro- ‘‘(i) the applicable former law primary in- filed in accordance with clause (ii) by at pose using any projected budget sur- surance amount, over least one beneficiary entitled to benefits on plus to pay the lump sum benefit to ‘‘(ii) the amount which would be such indi- the basis of the wages and self-employment notch babies. While we have a surplus, vidual’s primary insurance amount if com- income of a deceased individual described in let’s fix the notch problem once and for puted or recomputed under this section with- paragraph (4)(B), if such deceased individual out regard to this paragraph and paragraphs has filed no timely election in accordance all and restore the confidence of the (4), (5), and (6). ten million notch babies across this with clause (ii)— ‘‘(D) For purposes of subparagraph (C)(i), ‘‘(I) the Commissioner shall certify receipt land. the term ‘applicable former law primary in- of all such elections received as of such date Government has an obligation to be surance amount’ means, in the case of any to the Secretary of the Treasury, and the fair. I don’t think we have been in the individual, the amount which would be such Secretary of the Treasury, after receipt of case of notch babies. My support of individual’s primary insurance amount if it such certification, shall pay each beneficiary notch babies is longstanding. I intro- were— filing such a timely election, from amounts duced the only notch amendment in ‘‘(i) computed or recomputed (pursuant to in the Federal Old-Age and Survivors Insur- paragraph (4)(B)(i)) under section 215(a) as in ance Trust Fund, a total amount equal to April 1991 that ever passed in Congress effect in December 1978, or as part of the fiscal year 1992 Budget $5,000 (or, in the case of 2 or more such bene- ‘‘(ii) computed or recomputed (pursuant to ficiaries, such amount distributed evenly Resolution. Unfortunately, it did not paragraph (4)(B)(ii)) as provided by sub- among such beneficiaries), in 4 equal annual become the law of the land as it was section (d), lump sum installments, the first of which dropped in Conference with the House (as applicable) and modified as provided by shall be made during fiscal year 2000 not of Representatives. I have cosponsored subparagraph (E). later than July 1, 2000, and numerous pieces of legislation over the ‘‘(E) In determining the amount which ‘‘(II) solely for purposes of determining the years to address this issue. With this would be an individual’s primary insurance amount of such beneficiary’s benefits, sub- legislation, my effort continues. amount as provided in subparagraph (D)— paragraph (A) shall be deemed not to apply Mr. President, I ask unanimous con- ‘‘(i) subsection (b)(4) shall not apply; in determining the deceased individual’s pri- ‘‘(ii) section 215(b) as in effect in December sent that the text of the bill be printed mary insurance amount.’’. 1978 shall apply, except that section (b) EFFECTIVE DATE AND RELATED RULES.— in the RECORD. 215(b)(2)(C) (as then in effect) shall be (1) APPLICABILITY OF AMENDMENTS.— There being no objection, the bill was deemed to provide that an individual’s ‘com- (A) IN GENERAL.—Except as provided in ordered to be printed in the RECORD, as putation base years’ may include only cal- paragraph (2), the amendments made by this follows: endar years in the period after 1950 (or 1936 if Act shall be effective as though they had S1376 CONGRESSIONAL RECORD — SENATE February 8, 1999 been included or reflected in section 201 of cians, and the majority of America’s resident costs and the complexity of the Social Security Amendments of 1977. pediatric specialists. Pediatric resi- their patient population. Total spend- (B) APPLICABILITY.—No monthly benefit or dents develop the skills they need to ing over four years will be less than a primary insurance amount under title II of care for our nation’s children at these billion dollars. the Social Security Act shall be increased by This proposal does not solve the fun- reason of such amendments for any month institutions. before July 2000. The amendments made this In addition, these hospitals effec- damental dilemma of how to cover the section shall apply with respect to benefits tively combine the joint missions of cost of training our nation’s doctors. payable in months in any fiscal year after teaching and research. Scientific dis- Congress has charged the Bipartisan fiscal year 2003 only if the corresponding de- covery depends on the strong academic Commission on the Future of Medicare crease in adjusted discretionary spending focus of teaching hospitals. The teach- with developing recommendations on limits for budget authority and outlays ing environment attracts academics this important question—and Congress under section 3 of this Act for fiscal years devoted to research. It attracts the vol- has directed the Commission to exam- prior to fiscal year 2004 is extended by Fed- ume and spectrum of complex cases ine teaching support for children’s hos- eral law to such fiscal year after fiscal year needed for clinical research. And the pitals within these recommendations. I 2003. believe the Commission’s recommenda- (2) RECOMPUTATION TO REFLECT BENEFIT IN- teaching mission creates the intellec- tion will recognize the need to include CREASES.—Notwithstanding section 215(f)(1) tual environment necessary to test the of the Social Security Act, the Commis- conventional wisdom of day-to-day children’s hospitals within the frame- sioner of Social Security shall recompute health care and foster the questioning work of graduate medical education. the primary insurance amount so as to take that leads to breakthroughs in re- But in the meantime, this proposal into account the amendments made by this search. Because these hospitals com- provides the support these hospitals Act in any case in which— bine research and teaching in a clinical need until these broader questions are (A) an individual is entitled to monthly in- setting, these breakthroughs can be answered and addressed. surance benefits under title II of such Act for All American families have great June 2000; and rapidly translated into patient care. Children’s hospitals have contributed dreams for their children. These hopes (B) such benefits are based on a primary include healthy, active, happy child- insurance amount computed— to advances in virtually every aspect of (i) under section 215 of such Act as in effect pediatric medicine. Thanks to research hoods, so they seek the best possible (by reason of the Social Security Amend- efforts at these hospitals, children can health care for their children. And ments of 1977) after December 1978, or survive once-fatal diseases such as when these dreams are threatened by a (ii) under section 215 of such Act as in ef- polio, grow and thrive with disabilities critical illness, they seek the expertise fect prior to January 1979 by reason of sub- such as cerebral palsy, and overcome of highly-trained pediatricians and pe- section (a)(4)(B) of such section (as amended diatric specialists, and rely on the re- by the Social Security Amendments of 1977). juvenile diabetes to become self-sup- porting adults. search discoveries fostered by chil- SEC. 3. OFFSET PROVIDED BY PROJECTED FED- dren’s hospitals. All families deserve a ERAL BUDGET SURPLUSES. Through patient care, teaching and Amounts offset by this Act shall not be research, these hospitals contribute to chance at the American dream. counted as direct spending for purposes of our communities in many ways. How- Through this legislation, we will help the budgetary limits provided in the Con- ever, their training programs—and children’s hospitals—hospitals such as gressional Budget Act of 1974 and the Bal- their ability to fulfill their critical role Children’s Hospital in Omaha, Boys’ anced Budget and Emergency Deficit Control in America’s health care system—are Town, St. Louis Children’s Hospital, Act of 1985.∑ being gradually undermined by dwin- Children’s Hospital in Boston, Chil- dling financial support. Maintaining a dren’s Hospital in Seattle+ and oth- By Mr. KERREY (for himself, Mr. ers—train the doctors and do the re- vibrant teaching and research program BOND, Mr. KENNEDY, Mr. GOR- search necessary to fulfill this dream. is more expensive than simply provid- TON, Mr. GRAHAM, Mr. DEWINE, Through this legislation, Congress will ing patient care. The nation’s teaching Mr. MOYNIHAN, Mr. DURBIN, Mr. be doing its part to help American fam- hospitals have historically relied on INOUYE, Mr. MACK, and Mrs. ilies work towards a successful future. MURRAY): additional support—support beyond the Mr. President, I ask unanimous con- S. 391. A bill to provide for payments cost of clinical care itself—in order to sent that the text of the bill be printed finance their teaching programs. to children’s hospitals that operate in the RECORD. graduate medical education programs; Today, competitive market pressures There being no objection, the bill was to the Committee on Finance. provide little incentive for private pay- ordered to be printed in the RECORD, as CHILDREN’S HOSPITALS EDUCATION AND ers to contribute towards teaching follows: RESEARCH ACT OF 1999 costs. At the same time, the increased S. 391 ∑ Mr. KERREY. Mr. President, I am use of managed care plans within the Be it enacted by the Senate and House of Rep- pleased to introduce this proposal to Medicaid program has decreased the resentatives of the United States of America in provide critical support to teaching availability of teaching dollars through Congress assembled, programs at free-standing children’s Medicaid. Therefore, Medicare’s sup- SECTION 1. SHORT TITLE. hospitals. I am also honored to be port for graduate medical education is This Act may be cited as the ‘‘Children’s joined by Senators BOND, KENNEDY, more important than ever. Hospitals Education and Research Act of DURBIN, DEWINE, MOYNIHAN, GRAHAM, Independent children’s hospitals, 1999’’. SEC. 2. PROGRAM OF PAYMENTS TO CHILDREN’S GORTON, INOUYE, MACK, and MURRAY as however, serve an extremely small HOSPITALS THAT OPERATE GRAD- original cosponsors. And I am gratified number of Medicare patients. There- UATE MEDICAL EDUCATION PRO- to note that the President’s budget fore, they do not receive Medicare GRAMS. submission for FY 2000 also includes graduate medical education payments (a) PAYMENTS.— funding for teaching programs at these to support their teaching activities. (1) IN GENERAL.—The Secretary shall make hospitals. The most significant source of grad- payments under this section to each chil- Children’s hospitals play an impor- uate medical education financing is, in dren’s hospital for each hospital cost report- ing period under the medicare program be- tant role in our nation’s health care large part, not available to these hos- ginning in or after fiscal year 2000 and before system. They combine high-quality pitals. fiscal year 2004 for the— clinical care, a vibrant teaching mis- This proposal will address, for the (A) direct expenses associated with operat- sion and leading pediatric biomedical short-term, this unintended con- ing approved medical residency training pro- research within their walls. They pro- sequence of current public policy. It grams; and vide specialized regional services, in- will provide time-limited support to (B) indirect expenses associated with the cluding complex care to chronically ill help children’s hospitals train tomor- treatment of more severely ill patients and children, and serve as safety-net pro- row’s pediatricians, investigate new the additional costs related to the teaching of residents. viders to low-income children. treatments and pursue pediatric bio- (2) PAYMENT AMOUNTS.—Subject to para- Teaching is an inherent component medical research. It will establish a graph (3), the following amounts shall be of these hospitals’ day-to-day oper- four-year fund, which will provide chil- payable under this section to a children’s ations. These hospitals train twenty- dren’s hospitals with Federal teaching hospital for a cost reporting period described nine percent of the nation’s pediatri- payments that are based on their per in paragraph (1): February 8, 1999 CONGRESSIONAL RECORD — SENATE S1377

(A) DIRECT EXPENSES.—The amount deter- (1) INTERIM PAYMENTS.—The Secretary in section 1886(d)(1)(B)(iii) of the Social Se- mined under subsection (b) for direct ex- shall estimate, before the beginning of each curity Act (42 U.S.C. 1395ww(d)(1)(B)(iii)). penses described in paragraph (1)(A). cost reporting period for a hospital for which (3) DIRECT GRADUATE MEDICAL EDUCATION (B) INDIRECT EXPENSES.—The amount de- the payments may be made under this sec- COSTS.—The term ‘‘direct graduate medical termined under subsection (c) for indirect tion, the amounts of the payments for such education costs’’ has the meaning given such expenses described in paragraph (1)(B) period and shall (subject to paragraph (2)) term in section 1886(h)(5)(C) of the Social Se- (3) CAPPED AMOUNT.— make the payments of such amounts in 26 curity Act (42 U.S.C. 1395ww(h)(5)(C)). (A) IN GENERAL.—The payments to chil- equal interim installments during such pe- (4) SECRETARY.—The term ‘‘Secretary’’ dren’s hospitals established in this sub- riod. means the Secretary of Health and Human section for cost reporting periods ending in (2) WITHHOLDING.—The Secretary shall Services.∑ any fiscal year shall not exceed the funds ap- withhold up to 25 percent from each interim ∑ Mr. KENNEDY. Mr. President, Amer- propriated under subsection (e) for that fis- installment paid under paragraph (1). ica’s children—from the smallest pre- cal year. (3) RECONCILIATION.—At the end of each mature baby to the tallest teenager— (B) PRO RATA REDUCTIONS OF PAYMENTS FOR such period, the hospital shall submit to the deserve access to doctors trained spe- DIRECT EXPENSES.—If the Secretary deter- Secretary such information as the Secretary cifically in meeting their health needs. mines that the amount of funds appropriated determines to be necessary to determine the under subsection (e)(1) for cost reporting pe- percent (if any) of the total amount withheld I commend Senator KERREY’s leader- riods ending in any fiscal year is insufficient under paragraph (2) that is due under this ship in this bipartisan legislation in- to provide the total amount of payments section for the hospital for the period. Based troduced today to provide greater sup- otherwise due for such periods, the Secretary on such determination, the Secretary shall port to children’s hospitals, so that shall reduce each of the amounts payable recoup any overpayments made, or pay any they can continue to train the kinds of under this section pursuant to paragraph balance due. The amount so determined shall doctors that children need. (2)(A) for such period on a pro rata basis to be considered a final intermediary deter- In the United States, there are 53 reflect such shortfall. mination for purposes of applying section freestanding pediatric hospitals—less (b) AMOUNT OF PAYMENT FOR DIRECT MEDI- 1878 of the Social Security Act (42 U.S.C. than 1% of all the hospitals in the CAL EDUCATION.— 1395oo) and shall be subject to review under country. Yet they train more than a that section in the same manner as the (1) IN GENERAL.—The amount determined quarter of all pediatricians and more under this subsection for payments to a chil- amount of payment under section 1886(d) of dren’s hospital for direct expenses relating such Act (42 U.S.C. 1395ww(d)) is subject to than half of all pediatric specialists. to approved medical residency training pro- review under such section. These hospitals also help train other grams for a cost reporting period beginning (e) LIMITATION ON EXPENDITURES.— doctors who need experience in taking in or after fiscal year 2000 and before fiscal (1) DIRECT MEDICAL EDUCATION.— care of children—including family doc- year 2004 is equal to the product of— (A) IN GENERAL.—Subject to subparagraph tors, neurologists, and surgeons. (A) the updated per resident amount for di- (B), there are hereby appropriated, out of Children’s hospitals typically provide rect medical education, as determined under any money in the Treasury not otherwise ap- care for the sickest children—those paragraph (2), for the cost reporting period; propriated, for payments under this section whose medical needs are not easily met and for direct expenses relating to approved med- in the local and community hospitals. (B) the number of full-time equivalent resi- ical residency training programs for cost re- dents in the hospital’s approved medical resi- porting periods beginning in— Patients in children’s hospitals include dency training programs (as determined (i) fiscal year 2000, $35,000,000; a higher percentage of our nation’s un- under section 1886(h)(4) of the Social Secu- (ii) fiscal year 2001, $95,000,000; insured children and low-income chil- rity Act (42 U.S.C. 1395ww(h)(4))) for the cost (iii) fiscal year 2002, $95,000,000; and dren. These hospitals are the source of reporting period. (iv) fiscal year 2003, $95,000,000. many new lifesaving strategies, such as (2) UPDATED PER RESIDENT AMOUNT FOR DI- (B) CARRYOVER OF EXCESS.—If the amount treating childhood cancer and helping RECT MEDICAL EDUCATION.—The updated per of payments under this section for cost re- premature babies to breathe. resident amount for direct medical edu- porting periods beginning in fiscal year 2000, But the ability of children’s hospitals cation for a hospital for a cost reporting pe- 2001, or 2002 is less than the amount provided to train doctors is in increasing jeop- riod ending in a fiscal year is an amount under this paragraph for such payments for ardy. Funds for training residents are equal to the per resident amount for cost re- such periods, then the amount available porting periods ending during fiscal year 1999 under this paragraph for cost reporting peri- declining as changes take place in the for the hospital involved (as determined by ods beginning in the following fiscal year ways we pay for our health care. For the Secretary using the methodology de- shall be increased by the amount of such dif- most hospitals, support for graduate scribed in section 1886(h)(2)(E)) of such Act ference. medical education is funded through (42 U.S.C. 1395ww(h)(2)(E))) increased by the (2) INDIRECT MEDICAL EDUCATION.—There Medicare. But since freestanding chil- percentage increase in the Consumer Price are hereby appropriated, out of any money in dren’s hospitals treat almost no Medi- Index for All Urban Consumers (United the Treasury not otherwise appropriated, for care patients, they receive almost no States city average) from fiscal year 1999 payments under this section for indirect ex- federal support or other support for through the fiscal year involved. penses associated with the treatment of training their residents. (c) AMOUNT OF PAYMENT FOR INDIRECT MED- more severely ill patients and the additional Democrats and Republicans recognize ICAL EDUCATION.— costs related to the teaching of residents for that qualified children’s physicians are (1) IN GENERAL.—The amount determined cost reporting periods beginning in— under this subsection for payments to a chil- (A) fiscal year 2000, $65,000,000; needed as much as other types of physi- dren’s hospital for indirect expenses associ- (B) fiscal year 2001, $190,000,000; cians. Under this bill, the Department ated with the treatment of more severely ill (C) fiscal year 2002, $190,000,000; and of Health and Human Services is au- patients and the additional costs related to (D) fiscal year 2003, $190,000,000. thorized to provide support to free- the teaching of residents for a cost reporting (f) RELATION TO MEDICARE AND MEDICAID standing children’s hospitals for such period beginning in or after fiscal year 2000 PAYMENTS.—Notwithstanding any other pro- training. It means that children’s hos- and before fiscal year 2004 is equal to an vision of law, payments under this section to pitals will receive the same level of amount determined appropriate by the Sec- a hospital for a cost reporting period— support that this country gives to retary. (1) are in lieu of any amounts otherwise other teaching hospitals. Under this (2) FACTORS.—In determining the amount payable to the hospital under section 1886(h) under paragraph (1), the Secretary shall— or 1886(d)(5)(B) of the Social Security Act (42 legislation funds will be distributed (A) take into account variations in case U.S.C. 1395ww(h); 1395ww(d)(5)B)) to the hos- fairly, by using a formula that consid- mix among children’s hospitals and the num- pital for such cost reporting period, but ers variations across the country in the ber of full-time equivalent residents in the (2) shall not affect the amounts otherwise cost of such training. Safeguards are hospitals’ approved medical residency train- payable to such hospitals under a State med- included to guarantee that the dollars ing programs for the cost reporting period; icaid plan under title XIX of such Act (42 are spent only when residents are actu- and U.S.C. 1396 et seq.). ally trained. (B) assure that the aggregate of the pay- (g) DEFINITIONS.—In this section: President Clinton’s budget recognizes ments for indirect expenses associated with (1) APPROVED MEDICAL RESIDENCY TRAINING this high priority. It includes a $40 mil- the treatment of more severely ill patients PROGRAM.—The term ‘‘approved medical resi- lion downpayment until this legisla- and the additional costs related to the teach- dency training program’’ has the meaning ing of residents under this section in a fiscal given such term in section 1886(h)(5)(A) of tion is enacted. year are equal to the amount appropriated the Social Security Act (42 U.S.C. I look forward to working with my for such expenses in such year under sub- 1395ww(h)(5)(A)). colleagues and the administration to section (e)(2). (2) CHILDREN’S HOSPITAL.—The term ‘‘chil- assure early passage of this needed leg- (d) MAKING OF PAYMENTS.— dren’s hospital’’ means a hospital described islation. I commend both the President S1378 CONGRESSIONAL RECORD — SENATE February 8, 1999 and the First Lady for their strong 22 years, from 1943 to 1965, as the Con- S. 135 commitment to children and for their gressman from eastern Washington. At the request of Mr. DURBIN, the indispensable leadership on this impor- Representative Horan was raised in names of the Senator from New Jersey tant issue. Action by Congress is need- Wenatchee, served in the Navy during (Mr. LAUTENBERG) and the Senator ed now. We must work together to the First World War, graduated from from Vermont (Mr. LEAHY) were added make a long-term commitment to en- Washington State University in Pull- as cosponsors of S. 135, a bill to amend able children’s hospitals to train the man, and raised apples on his family the Internal Revenue Code of 1986 to in- physicians of the future to care for farm. crease the deduction for the health in- children.∑ As a member of the Appropriations surance costs of self-employed individ- Committee, Representative Horan was uals, and for other purposes. By Mrs. MURRAY (for herself and an excellent advocate for western in- S. 170 Mr. GORTON): terests, especially those of his con- S. 392. A bill to designate the Federal At the request of Mr. SMITH, the stituents in eastern Washington. As a name of the Senator from Nevada (Mr. building and United States courthouse farmer himself, he knew the needs of located at West 920 Riverside Avenue in REID) was added as a cosponsor of S. the people he served and urged the Con- 170, a bill to permit revocation by Spokane, Washington, as the ‘‘Thomas gress to pass laws to ensure their eco- S. Foley Federal Building and United members of the clergy of their exemp- nomic prosperity. He died in 1966 and is tion from Social Security coverage. States Courthouse,’’ and the plaza at buried in his beloved hometown of S. 223 the south entrance of that building and Wenatchee. At the request of Mr. LAUTENBERG, courthouse as the ‘‘Walter F. Horan It is my honor to sponsor legislation the name of the Senator from Michigan Plaza’’; to the Committee on Environ- that permanently recognizes the con- (Mr. LEVIN) was added as a cosponsor of ment and Public Works. tributions these two Washingtonians S. 223, a bill to help communities mod- THOMAS S. FOLEY FEDERAL BUILDING AND have made to my state and our nation. UNITED STATES COURTHOUSE Mr. President, I ask unanimous con- ernize public school facilities, and for Mrs. MURRAY. Mr. President, today sent that the text of the bill be printed other purposes. I have introduced legislation designat- in the RECORD. S. 260 ing the federal building located at West There being no objection, the bill was At the request of Mr. GRASSLEY, the 920 Riverside Avenue, Spokane, Wash- ordered to be printed in the RECORD, as name of the Senator from North Da- ington, as the ‘‘Thomas S. Foley Fed- follows: kota (Mr. CONRAD) was added as a co- eral Building and United States Court- S. 392 sponsor of S. 260, a bill to make chap- house.’’ The bill also designates the Be it enacted by the Senate and House of Rep- ter 12 of title 11, United States Code, plaza located immediately in front of resentatives of the United States of America in permanent, and for other purposes. the building as the ‘‘Walter F. Horan Congress assembled, S. 261 Plaza.’’ SECTION 1. DESIGNATION OF THOMAS S. FOLEY Speaker Tom Foley had a long and At the request of Mr. SPECTER, the FEDERAL BUILDING AND UNITED name of the Senator from Michigan distinguished career in the United STATES COURTHOUSE. States House of Representatives. He (a) IN GENERAL.—The Federal building and (Mr. LEVIN) was added as a cosponsor of served for 30 years, concluding his serv- United States courthouse located at West 920 S. 261, a bill to amend the Trade Act of ice as Speaker of the House in the 103rd Riverside Avenue in Spokane, Washington, 1974, and for other purposes. shall be known and designated as the S. 271 Congress. He was also Speaker in the ‘‘Thomas S. Foley Federal Building and 102nd Congress, and held positions as United States Courthouse’’. At the request of Mr. FRIST, the Majority Leader, Majority Whip, and (b) REFERENCES.—Any reference in a law, names of the Senator from Montana Chairman of the House Agriculture map, regulation, document, paper, or other (Mr. BURNS) and the Senator from Min- Committee. Speaker Foley now serves record of the United States to the Federal nesota (Mr. GRAMS) were added as co- as our nation’s Ambassador to Japan. building and United States courthouse re- sponsors of S. 271, a bill to provide for Tom Foley is a native of Spokane, ferred to in subsection (a) shall be deemed to education flexibility partnerships. be a reference to the ‘‘Thomas S. Foley Fed- Washington, and earned his under- S. 280 graduate and law degree from the Uni- eral Building and United States Court- house’’. At the request of Mr. FRIST, the versity of Washington. His parents SEC. 2. DESIGNATION OF WALTER F. HORAN names of the Senator from Montana were highly respected citizens of Spo- PLAZA. (Mr. BURNS) and the Senator from Min- kane. (a) IN GENERAL.—The plaza located at the nesota (Mr. GRAMS) were added as co- Mr. Foley personified the high ideal south entrance of the Federal building and sponsors of S. 280, a bill to provide for to which all of us aspire as public serv- United States courthouse referred to in sec- education flexibility partnerships. ants and Members of Congress. First tion 1(a) shall be known and designated as S. 322 and foremost he was a gentleman who the ‘‘Walter F. Horan Plaza’’. EFERENCES At the request of Mr. CAMPBELL, the sought consensus, recognizing the (b) R .—Any reference in a law, map, regulation, document, paper, or other names of the Senator from Michigan value of maintaining a good working record of the United States to the plaza re- relationship among colleagues. He (Mr. ABRAHAM), the Senator from Ne- ferred to in subsection (a) shall be deemed to vada (Mr. REID), and the Senator from loved Congress, and believed it to be be a reference to the ‘‘Walter F. Horan South Carolina (Mr. HOLLINGS) were the best forum for democracy in the Plaza’’. added as cosponsors of S. 322, a bill to world. SEC. 3. EFFECTIVE DATE. Speaker Foley worked tirelessly to This Act takes effect on March 6, 1999.∑ amend title 4, United States Code, to promote and strengthen the North- f add the Martin Luther King Jr. holiday west’s economy. During my first two to the list of days on which the flag ADDITIONAL COSPONSORS years as a Senator, I enjoyed working should especially be displayed. with him and I am proud of our joint S. 13 S. 331 efforts to help our constituents, espe- At the request of Mr. SESSIONS, the At the request of Mr. JEFFORDS, the cially in the successful promotion of name of the Senator from Minnesota names of the Senator from Nevada (Mr. Washington wheat and apples on both (Mr. GRAMS) was added as a cosponsor BRYAN), the Senator from Montana domestic and international markets. of S. 13, a bill to amend the Internal (Mr. BAUCUS), the Senator from Hawaii Without Mr. Foley, we would likely not Revenue Code of 1986 to provide addi- (Mr. AKAKA), the Senator from New be exporting our agricultural products tional tax incentives for education. York (Mr. SCHUMER), the Senator from to as many destinations across the S. 61 Mississippi (Mr. COCHRAN), the Senator globe as we do. Today, he continues to At the request of Mr. DEWINE, the from New Mexico (Mr. DOMENICI), the see that our goods are sold in places, name of the Senator from Maine (Ms. Senator from North Dakota (Mr. DOR- such as Japan, that historically have SNOWE) was added as a cosponsor of S. GAN), and the Senator from Michigan had tightly controlled markets. 61, a bill to amend the Tariff Act of (Mr. LEVIN) were added as cosponsors Today I also honor another Washing- 1930 to eliminate disincentives to fair of S. 331, a bill to amend the Social Se- ton native, Walter F. Horan. He served trade conditions. curity Act to expand the availability of February 8, 1999 CONGRESSIONAL RECORD — SENATE S1379 health care coverage for working indi- GRAMS, Mr. GRASSLEY, Mr. GREGG, Mr. SEC. 2. The Secretary of the Senate is di- viduals with disabilities, to establish a HAGEL, Mr. HARKIN, Mr. HATCH, Mr. rected to transmit an enrolled copy of this Ticket to Work and Self-Sufficiency HOLLINGS, Mr. HUTCHINSON, Mrs. resolution to the family of the deceased. Program in the Social Security Admin- HUTCHISON, Mr. INHOFE, Mr. INOUYE, f istration to provide such individuals Mr. JEFFORDS, Mr. JOHNSON, Mr. KEN- NOTICES OF HEARINGS with meaningful opportunities to work, NEDY, Mr. KERREY, Mr. KERRY, Mr. COMMITTEE ON HEALTH, EDUCATION, LABOR, and for other purposes. KOHL, Mr. KYL, Ms. LANDRIEU, Mr. LAU- AND PENSIONS S. 346 TENBERG, Mr. LEAHY, Mr. LEVIN, Mr. Mr. JEFFORDS. Mr. President, I At the request of Mrs. HUTCHISON, the LIEBERMAN, Mrs. LINCOLN, Mr. LUGAR, would like to announce for information names of the Senator from Kansas (Mr. Mr. MACK, Mr. MCCAIN, Mr. MCCON- of the Senate and the public that a ROBERTS), the Senator from Alabama NELL, Ms. MIKULSKI, Mr. MOYNIHAN, Mr. hearing of the Senate Committee on (Mr. SESSIONS), and the Senator from MURKOWSKI, Mrs. MURRAY, Mr. NICK- Health, Education, Labor, and Pen- Alabama (Mr. SHELBY) were added as LES, Mr. REED, Mr. REID, Mr. ROBB, Mr. sions will be held on Tuesday, Feb- cosponsors of S. 346, a bill to amend ROBERTS, Mr. ROCKEFELLER, Mr. ROTH, ruary 9, 1999, 9:30 a.m., in SD–430 of the title XIX of the Social Security Act to Mr. SANTORUM, Mr. SARBANES, Mr. Senate Dirksen Building. The subject prohibit the recoupment of funds re- SCHUMER, Mr. SESSIONS, Mr. SHELBY, of the hearing is Department of Edu- covered by States from one or more to- Mr. SMITH of New Hampshire, Mr. cation Elementary and Secondary Edu- bacco manufacturers. SMITH of Oregon, Ms. SNOWE, Mr. SPEC- cation Proposals. For further informa- SENATE JOINT RESOLUTION 2 TER, Mr. STEVENS, Mr. THOMAS, Mr. tion, please call the committee, 202/224– At the request of Mr. KYL, the name THOMPSON, Mr. THURMOND, Mr. 5357. of the Senator from Wyoming (Mr. TORRICELLI, Mr. VOINOVICH, Mr. WAR- COMMITTEE ON HEALTH, EDUCATION, LABOR AND THOMAS) was added as a cosponsor of NER, Mr. WELLSTONE, and Mr. WYDEN) PENSIONS Senate Joint Resolution 2, a joint reso- submitted the following resolution; Mr. JEFFORDS. Mr. President, I lution proposing an amendment to the which was considered and agreed to: would like to announce for information Constitution of the United States to S. CON. RES. 7 of the Senate and the public that a require two-thirds majorities for in- Whereas King Hussein ibn Talal al-Hashem hearing of the Senate Committee on creasing taxes. was born in Amman on November 14, 1935; Health, Education, Labor, and Pen- Whereas he was proclaimed king of Jordan SENATE CONCURRENT RESOLUTION 5 sions will be held on Wednesday, Feb- in August of 1952 at the age of 17 following ruary 10, 1999, 9:30 a.m., in SD–430 of At the request of Mr. BROWNBACK, the the assassination of his grandfather, King the Senate Dirksen Building. The sub- names of the Senator from California Abdullah and the abdication of his father, ject of the hearing is Labor Depart- (Mrs. FEINSTEIN) and the Senator from Talal; ment Budget Initiatives. For further Washington (Mr. GORTON) were added Whereas King Hussein became the longest as cosponsors of Senate Concurrent serving head of state in the Middle East, information, please call the commit- Resolution 5, a concurrent resolution working with every U.S. President since tee, 202/224–5375. Dwight D. Eisenhower; COMMITTEE ON HEALTH, EDUCATION, LABOR, expressing congressional opposition to Whereas under King Hussein, Jordan has the unilateral declaration of a Pal- AND PENSIONS instituted wide-ranging democratic reforms; Mr. JEFFORDS. Mr. President, I estinian state and urging the President Whereas throughout his life, King Hussein would like to announce for information to assert clearly United States opposi- survived multiple assassination attempts, of the Senate and the public that a tion to such a unilateral declaration of plots to overthrow his government and at- hearing of the Senate Committee on statehood. tacks on Jordan, invariably meeting such at- tacks with fierce courage and devotion to his Health, Education, Labor, and Pen- SENATE RESOLUTION 29 Kingdom and its people; sions will be held on Thursday, Feb- At the request of Mr. ROBB, the Whereas despite decades of conflict with ruary 11, 1999, 9:30 a.m., in SD–430 of names of the Senator from Michigan the State of Israel, King Hussein invariably the Senate Dirksen Building. The sub- (Mr. ABRAHAM), the Senator from Dela- maintained a dialogue with the Jewish state, ject of the hearing is Education Budget ware (Mr. BIDEN), the Senator from and ultimately signed a full-fledged peace Proposals. For further information, treaty with Israel on October 26, 1994; New Mexico (Mr. BINGAMAN), the Sen- please call the committee, 202/224–5375. ator from North Dakota (Mr. CONRAD), Whereas King Hussein has established a model for Arab-Israeli coexistence in Jor- COMMITTEE ON ENERGY AND NATURAL the Senator from Vermont (Mr. JEF- dan’s ties with the State of Israel, including RESOURCES FORDS), the Senator from Nebraska deepening political and cultural relations, Mr. MURKOWSKI. Mr. President, I (Mr. KERREY), and the Senator from growing trade and economic ties and other would like to announce for the public Virginia (Mr. WARNER) were added as major accomplishments; that a hearing has been scheduled be- cosponsors of Senate Resolution 29, a Whereas King Hussein contributed to the fore the full Energy and Natural Re- resolution to designate the week of cause of peace in the Middle East with tire- sources Committee to consider the May 2, 1999, as ‘‘National Correctional less energy, rising from his sick bed at the President’s proposed fiscal year 2000 Officers and Employees Week.’’ last to assist in the Wye Plantation talks be- tween the State of Israel and the Palestinian budget. f Authority; The committee will hear testimony SENATE CONCURRENT RESOLU- Whereas King Hussein fought cancer with from the following: TION 7—HONORING THE LIFE the same courage he displayed in tirelessly 1. The Department of Energy and the AND LEGACY OF KING HUSSEIN promoting and making invaluable contribu- Federal Energy Regulatory Commis- tions to peace in the Middle East; IBN TALA AL-HASHEM sion on Thursday, February 25, 1999, be- Whereas on February 7, 1999, King Hussein ginning at 9 a.m., in room SD–366 of the By Mr. LOTT (for himself, Mr. succumbed to cancer in Amman, Jordan: Dirksen Senate Office Building in DASCHLE, Mr. HELMS, Mr. BIDEN, Mr. Now, therefore, be it Washington, DC. ABRAHAM, Mr. AKAKA, Mr. ALLARD, Mr. Resolved by the Senate, (The House of Rep- 2. The Forest Service on Thursday, resentatives concurring), That the Congress— ASHCROFT, Mr. BAUCUS, Mr. BAYH, Mr. (1) extends its deepest sympathy and con- February 25, 1999, beginning at 2 p.m., BENNETT, Mr. BINGAMAN, Mr. BOND, dolences to the family of King Hussein and in room SD–366 of the Dirksen Senate Mrs. BOXER, Mr. BREAUX, Mr. to all the people of Jordan in this difficult Office Building in Washington, DC. BROWNBACK, Mr. BRYAN, Mr. BUNNING, time; 3. The Department of the Interior on Mr. BURNS, Mr. BYRD, Mr. CAMPBELL, (2) expresses admiration for King Hussein’s Tuesday, March 2, 1999, beginning at Mr. CHAFEE, Mr. CLELAND, Mr. COCH- enlightened leadership and gratitude for his 9:30 a.m., in room SD–366 of the Dirk- RAN, Ms. COLLINS, Mr. CONRAD, Mr. support for peace throughout the Middle sen Senate Office Building in Washing- COVERDELL, Mr. CRAIG, Mr. CRAPO, Mr. East; ton, DC. (3) expresses its support and best wishes for DEWINE, Mr. DODD, Mr. DOMENICI, Mr. For further information, please call the new government of Jordan under King DORGAN, Mr. DURBIN, Mr. EDWARDS, Mr. Abdullah; Betty Nevitt, staff assistant at (202) ENZI, Mr. FEINGOLD, Mrs. FEINSTEIN, (4) reaffirms the United States commit- 224–0765, Amie Brown, staff assistant at Mr. FITZGERALD, Mr. FRIST, Mr. GOR- ment to strengthening the vital relationship (202) 224–6170, or Jo Meuse, staff assist- TON, Mr. GRAHAM, Mr. GRAMM, Mr. between our two governments and peoples; ant at (202) 224–4756. S1380 CONGRESSIONAL RECORD — SENATE February 8, 1999 ADDITIONAL STATEMENTS NOTICE OF INTENT TO SUSPEND licly-owned and investor-owned utili- THE RULES ties operating in these states. Until recently, publicly-owned utili- ∑ Mr. DASCHLE. In accordance with APPROPRIATIONS COMMITTEE ties have been able to operate under a rule V, on behalf of myself and Senator RULES—106TH CONGRESS strict regime of Federal tax rules gov- FEINSTEIN, I hereby give notice in writ- erning their ability to issue tax-exempt ∑ Mr. STEVENS. Mr. President, the ing that it is my intention to move to bonds. These rules were enacted in an Senate Appropriations Committee has suspend the following: unanimously adopted rules governing era when decision makers did not con- Rule VII, paragraph 2 the phrase template retail or wholesale electricity its procedures for the 106th Congress. ‘‘upon the calendar’’; and Pursuant to Rule XXVI, paragraph 2, of competition. These so-called ‘‘private Rule VIII, paragraph 2 the phrase use’’ rules limit the amount of elec- the ‘‘Standing Rules of the Senate’’, I ‘‘during the first two hours of a new send to the desk a copy of the Commit- tricity that publicly-owned utilities legislative day.’’ may sell to private entities through fa- tee rules for publication in the CON- In order to permit a motion to pro- cilities that are financed with tax-ex- GRESSIONAL RECORD. ceed to a censure resolution, to be in- The rules follow: empt bonds. For years, the private use troduced on the day of the motion to rules were cumbersome but manage- SENATE APPROPRIATIONS COMMITTEE proceed, notwithstanding the fact that able. As states move to restructure the RULES—106TH CONGRESS it is not on the calendar of business.∑ electricity industry however, the pri- I. Meetings— f vate use rules were threatening many The Committee will meet at the call of the Chairman. public power communities with signifi- NOTICE OF INTENT TO SUSPEND cant financial penalties as they adjust II. Quorums— THE RULES 1. Reporting a bill. A majority of the mem- to the changing marketplace. In effect, bers must be present for the reporting of a ∑ Mrs. FEINSTEIN. In accordance with the rules are forcing publicly-owned bill. rule V, on behalf of myself and Senator utilities to face the prospects of violat- 2. Other business. For the purpose of DASCHLE, I hereby give notice in writ- ing the private use rules, or walling off transacting business other than reporting a ing that it is my intention to move to their customers from competition. In bill or taking testimony, one-third of the suspend the following: either case, this will raise rates for members of the Committee shall constitute Rule VII, paragraph 2 the phrase consumers—the precise opposite of a quorum. what restructuring is intended to 3. Taking testimony. For the purpose of ‘‘upon the calendar’’; and taking testimony, other than sworn testi- Rule VIII, paragraph 2 the phrase achieve. The consumer can only lose mony, by the Committee or any subcommit- ‘‘during the first two hours of a new when the marketplace operates in this tee, one member of the Committee or sub- legislative day.’’ inefficient manner. committee shall constitute a quorum. For In order to permit a motion to pro- The legislation that I am introducing the purpose of taking sworn testimony by ceed to a censure resolution, to be in- today would protect all consumers by the Committee, three members shall con- troduced on the day of the motion to grandfathering outstanding tax-exempt stitute a quorum, and for the taking of proceed, notwithstanding the fact that bonds, but only if the issuing munici- sworn testimony by any subcommittee, one it is not on the calendar of business.∑ pality or state utility elects to termi- member shall constitute a quorum. nate permanently its ability to issue III. Proxies— f Except for the reporting of a bill, votes tax-exempt debt to build new generat- may be cast by proxy when any member so TAX TREATMENT OF TAX-EXEMPT ing facilities. Such an election would requests. BONDS UNDER ELECTRICITY RE- not affect transmission and distribu- IV. Attendance of staff members at closed STRUCTURING tions facilities, which generally would sessions— still be regulated under most restruc- ∑ Mr. GORTON. Mr. President, last Attendance of Staff Members at closed ses- turing proposals or frameworks. Pub- Saturday, together with my colleagues sions of the Committee shall be limited to licly-owned utilities that do not make Senators KERRY, JEFFORDS, HOLLINGS, those members of the Committee Staff that this irrevocable election would con- THURMOND, HARKIN, MURRAY, SMITH of have a responsibility associated with the tinue to operate under a clarified ver- matter being considered at such meeting. Oregon, JOHNSON, and WYDEN. I intro- sion of exiting law, thus remaining This rule may be waived by unanimous con- duced ‘‘The Bond Fairness and Protec- sent. subject to the private use rules. tion Act of 1999.’’ This is a bi-partisan This legislation attempts to balance V. Broadcasting and photographing of compromise approach to legislation ad- Committee hearing— and be fair to the interests of all stake- The Committee or any of its subcommit- dressing the tax consequences of elec- holders in electricity restructuring tees may permit the photographing and tricity restructuring on tax-exempt while keeping the interest of the con- broadcast of open hearings by television and/ bonds that are issued by municipally- sumer paramount. It strikes a com- or radio. However, if any member of a sub- owned or state-owned utilities (often promise between publicly-owned utili- committee objects to the photographing or referred to as ‘‘publicly-owned’’ utili- ties and investor-owned utilities by broadcasting of an open hearing, the ques- ties) for the generation, transmission, tion shall be referred to the Full Committee providing an option for publicly-owned and distribution of electricity. utilities to address the problem of how for its decision. As my colleagues may recall, last VI. Availability of subcommittee reports— to comply with private use restriction To the extent possible, when the bill and Congress I introduced a substantially in a restructured marketplace, an op- report of any subcommittee are available, similar bill, S. 2182, with eleven co- tion that involves significant trade-offs they shall be furnished to each member of sponsors from both sides of the aisle. for the publicly-owned utilities that the Committee thirty-six hours prior to the Unfortunately, the 105th Congress did seek to utilize it. For investor-owned Committee’s consideration of said bill and not have an opportunity to address this utilities, requiring publicly-owned util- report. or other proposals on electricity re- ities to forego the ability to issue tax- VII. Amendments and report language— structuring. This year we have worked exempt debt for new generation facili- To the extent possible, amendments and to simplify and refine last year’s legis- report language intended to be proposed by ties should mitigate any potential or Senators at Full Committee markups shall lation in response to thoughtful com- perceived competitive advantage in the be provided in writing to the Chairman and ments we received last year, and in an new competitive world. At the same Ranking Minority Member and the appro- effort to facilitate timely consider- time, it honors promises made to bond- priate Subcommittee Chairman and Ranking ation of the legislation in this Con- holders under contract and existing tax Minority Member twenty-four hours prior to gress. law, thereby avoiding the inequitable such markups. Despite the lack of Federal legisla- consequence of applying old rules to VIII. Points of order— tion in this policy area, 18 states have the newly-emerging competitive world Any member of the Committee who is floor already gone forward and begun to manager of an appropriation bill, is hereby of electricity. authorized to make points of order against allow retail market choice for elec- In addition, for those concerned any amendment offered in violation of the tricity consumers at the state and about the environment, it provides in- Senate Rules on the floor of the Senate to local level. The era of retail competi- centives to deliver electricity effi- such appropriation bill.∑ tion has already started both for pub- ciently through open access and retail February 8, 1999 CONGRESSIONAL RECORD — SENATE S1381 competition. Most importantly, for ‘‘(I) ON-SYSTEM PURCHASER.—The term ‘on- cility that is an electric generation, trans- consumers the legislation allows com- system purchaser’ means a person who pur- mission, or distribution facility. petition to thrive while providing addi- chases electric energy from a governmental ‘‘(B) ELIGIBLE REFUNDING BOND.—The term ‘eligible refunding bond’ means state or local tional local options. unit and whose electric facilities or equip- ment are directly connected with trans- bonds issued after an election described in Mr. President, we plan to work with mission or distribution facilities that are paragraph (1) that directly or indirectly re- all interested parties, and most impor- owned by such governmental unit. fund state or local bonds issued before such tantly American consumers, to ensure ‘‘(II) OFF-SYSTEM PURCHASER.—The term election, if the weighted average maturity of that we develop the fairest and most ‘off-system purchaser’ means a purchaser of the refunding bonds do not exceed the re- reasonable solution to this complex electric energy from a governmental unit maining weighted average maturity of the problem. We want electricity restruc- other than an on-system purchaser. bonds issued before the election. ‘‘(C) QUALIFYING T&D FACILITY.—The term turing to be a good deal for everyone ‘‘(III) EXISTING OFF-SYSTEM SALE.—The term ‘existing off-system sale’ means a sale ‘qualifying T&D facility’ means— involved, especially the American con- of electric energy to a person that was an ‘‘(I) transmission facilities over which sumer who deserves the lower electric off-system purchaser of electric energy in services described in subsection bills that a competitive marketplace the base year, but not in excess of the kilo- (b)(6)(C)(ii)(I) are provided, or should provide. I believe this legisla- watt hours purchased by such person in such ‘‘(ii) distribution facilities over which serv- tion addresses all of these concerns and year. ices described in subsection (b)(6)(C)(ii)(III) ‘‘(IV) BASE YEAR.—The term ‘base year’ are provided.’’ promotes fair competition in the elec- (c) EFFECTIVE DATE, APPLICABILITY, AND tricity industry. I urge my colleagues means 1998 (or, at the election of such unit, in 1996 or 1997). TRANSITION RULES.— to join me in co-sponsoring this legis- ‘‘(V) JOINT ACTION AGENCIES.—A member of (1) EFFECTIVE DATE.—The amendments lation. a joint action agency that is entitled to made by this section take effect on the date Mr. President, I ask that the text of make a sale described in clause (ii)(IV) in a of enactment of this Act, except that a gov- the bill, and an explanatory memoran- year may transfer that entitlement to the ernmental unit may elect to apply section 141(b)(6)(C) of the Internal Revenue Code of dum be printed in the RECORD. joint action agency in accordance with rules 1986, as added by subsection (a), with respect The material follows: of the Secretary.’’ ‘‘(VI) GOVERNMENT-OWNED FACILITY.—An to permitted open access transactions on or S. 386 electric output facility (as defined in sub- after July 9, 1996. Be it enacted by the Senate and House of Rep- section (f)(4)(A)) shall be treated as owned by (2) APPLICABILITY.—References in the Act resentatives of the United States of America in a governmental unit if it is owned or leased to sections of the Internal Revenue Code of Congress assembled, by such governmental unit or if such govern- 1986, as amended, shall be deemed to include SECTION 1. SHORT TITLE. mental unit has capacity rights therein ac- references to comparable sections of the In- This Act may be cited as the ‘‘Bond Fair- quired before July 9, 1996, for the purposes of ternal Revenue Code of 1954, as amended. ness and Protection Act of 1999’’. serving one or more customers to which such (3) TRANSITION RULES.— (A) PRIVATE BUSINESS USE.—Any activity governmental unit had a service obligation SEC. 2. TAX-EXEMPT BOND FINANCING OF CER- that was not a private business use prior to TAIN ELECTRIC FACILITIES. on such date under state law or a require- the effective date of the amendment made by (a) PERMITTED OPEN ACCESS TRANSACTIONS ments contract. subsection (a) shall not be deemed to be a NOT A PRIVATE BUSINESS USE.—Section (b) ELECTION TO TERMINATE TAX EXEMPT private business use by reason of the enact- 141(b)(6) of the Internal Revenue Code of 1986 FINANCING.—Section 141 of the Internal Reve- nue Code of 1986 (relating to private activity ment of such amendment. (defining private business use) is amended by (B) ELECTION.—An issuer making the elec- bond; qualified bond) is amended by adding adding at the end the following: tion under section 141(f) of the Internal Rev- at the end the following: ‘‘(C) PERMITTED OPEN ACCESS TRANSACTIONS enue Code of 1986, as added by subsection (b), ‘‘(f) ELECTION TO TERMINATE TAX-EXEMPT NOT A PRIVATE BUSINESS USE.— shall not be liable under any contract in ef- ‘‘(I) IN GENERAL.—For purposes of this sub- BOND FINANCING FOR CERTAIN ELECTRIC OUT- fect on the date of enactment of this Act for section, the term ‘private business use’ shall PUT FACILITIES.— any claim arising from having made the not include a permitted open access trans- ‘‘(1) IN GENERAL.—An issuer may make an election. action. irrevocable election under this paragraph to terminate certain tax-exempt financing for ‘‘(ii) PERMITTED OPEN ACCESS TRANSACTION EXPLANATION OF S. 386 DEFINED.—For purposes of clause (I), the electric output facilities. If the issuer makes BACKGROUND term ‘permitted open access transaction’ such election, then— means any of the following transactions or ‘‘(A) except as provided in paragraph (2), no Interest on bonds issued by state and local activities with respect to all electric output bond the interest on which is exempt from governments is generally exempt from Fed- facility (as defined in subsection (f)(4)(A)) tax under section 103 may be issued on or eral income taxes. One exception to this gen- owned by a governmental unit: after the date of such election with respect eral rule relates to bonds that finance output ‘‘(I) Providing open access transmission to an electric output facility; and facilities used in a private business. In the services and ancillary services that meet the ‘‘(B) notwithstanding paragraph (1) or (2) case of such facilities, if the contractual ar- reciprocity requirements of Federal Energy of subsection (a) or paragraph (5) of sub- rangements for sale of the output transfer Regulatory Commission Order No. 888, or section (b), with respect to an electric out- the benefits and burdens of ownership of the that are ordered by the Federal Energy Reg- put facility no bond that was issued before facility to private parties, the use is treated ulatory Commission, or that are provided in the date of enactment of this subsection, the as a private business use and the bonds accordance with a transmission tariff of an interest on which was exempt from tax on issued to finance the facility may not be tax- independent system operator approved by such date, shall be treated as a private activ- exempt. If at the time of issuance the issuer such Commission, or are consistent with ity bond, for so long as such facility contin- reasonably expected that the private busi- state administered laws, rules or orders pro- ues to be owned by a governmental unit. ness use rules would be violated or the issuer ‘‘(2) EXCEPTIONS.—An election under para- viding for open transmission access. thereafter on the bonds is retroactively tax- graph (1) does not apply to— ‘‘(II) Participation in an independent sys- able to date of issuance. ‘‘(A) any qualified bond (as defined in sub- tem operator agreement (which may include There has been significant uncertainty as section (e)). transferring control of transmission facili- to how these private business use rules apply ‘‘(B) any eligible refunding bond, or to public power systems in the emerging ties to an independent system operator), in a ‘‘(C) any bond issued to finance a qualify- regional transmission group, or in a power competitive wholesale and retail electricity ing T&D facility, or markets. In particular, questions have been exchange agreement approved by such Com- ‘‘(D) any bond issued to finance equipment raised as to whether such systems may (1) mission. necessary to meet Federal or state environ- provide open access transmission services, ‘‘(III) Delivery on an open access basis of mental requirements applicable to, or repair (2) contractually commit their transmission electric energy sold by other entities to end- of, electric output facilities in service on the systems to an Independent System Operator users served by such governmental unit’s date of enactment of this subsection. Repairs (ISO), (3) open their distribution facilities to distribution facilities. or equipment may not increase by more than retail competition, or (4) lower prices to par- ‘‘(IV) If open access service is provided a de minimus degree the capacity of the fa- ticular customers to meet competition. under subclause (I) or (III), the sale of elec- cility beyond its original design. tric output of electric output facilities on ‘‘(3) FORM AND EFFECT OF ELECTIONS.—An PROPOSED AMENDMENTS terms other than those available to the gen- election under paragraph (1) shall be made in This legislation would amend the Internal eral public if such sale is to an on-system such a manner as the Secretary prescribes Revenue Code of 1986 to make two modifica- purchaser or is an existing off-system sale. and shall be binding on any successor in in- tions to the private business use rules as ‘‘(V) Such other transactions or activities terest to the electing issuer. they apply to electric facilities: (1) to clarify as may be provided in regulations prescribed ‘‘(4) DEFINITIONS.—for purposes of this sub- the application of the existing private busi- by the Secretary. section. ness use rules in the new competitive envi- ‘‘(iii) DEFINITIONS; SPECIAL RULES.—For ‘‘(A) ELECTRIC OUTPUT FACILITY.—The term ronment, and (2) to make the private busi- purposes of this subparagraph— ‘electric output facility’ means an output fa- ness use rules inapplicable to existing tax- S1382 CONGRESSIONAL RECORD — SENATE February 8, 1999 exempt debt issued by any public power sys- 1954 as well as the Internal Revenue Code of lations, for the benefit of all our peo- tem that elects not to issue new tax-exempt 1986. This subsection also makes clear that ples. That is just as King Hussein debt for electric generation and certain any activity that was not a private business would have wanted it. other facilities. use prior to the enactment of the bill will In this regard, I am pleased to not 1. Clarification of Existing Private Busi- not be deemed to be a private business use by that the resolution before us expresses ness Use Rules.—Subsection (a) of section 2 reason of the bill’s enactment. In addition, of the bill amends section 141 (b)(6) of the an issuer making the election under the bill support and best wishes for the new Code to make it clear that the following ac- will not be liable under any contract in ef- government in Jordan under King tivities (referred to as ‘‘permitted open ac- fect on the date of enactment of the bill for Abdullah. The King has signaled his de- cess transactions’’) do not result in a private any contract claim arising from having sire to maintain a high degree of con- business use and will not make otherwise made the election.∑ tinuity for Jordan, for Middle east tax-exempt bonds taxable: f peace, for the region, and for U.S.-Jor- (a) Providing open access transmission danian relations. This includes a service consistent with Federal Energy Reg- MEASURE PLACED ON THE strong commitment to the Jordan- ulatory Commission (FERC) Order No. 888 or CALENDAR—H.R. 99 with State open transmission access rules. Israel peace treaty. (b) Joining a FERC approved ISO, regional Mr. LOTT. Mr. President, there is a I strongly urge my colleagues to sup- transmission group (RTG), power exchange, bill at the desk due for its second read- port this bipartisan resolution, as it or providing service in accordance with an ing. represents a modest but important sig- ISO, RTG, or power exchange tariff. The PRESIDING OFFICER. The nal of the degree to which we honor the (c) Providing open access distribution serv- clerk will read. courageous life and lasting legacy of ices to competing retail sellers of electricity. The bill clerk read as follows: King Hussein. I thank my colleague (d) If open access transmission or distribu- tion services are offered, contracting for sale A bill (H.R. 99) to amend title 49, United from South Dakota for joining me in or power at non-tariff rates with on-system States Code, to extend Federal Aviation Ad- offering this resolution and I yield the purchasers or existing off-system purchasers. ministration programs through September floor. Treasury by regulation could add to the 30, 1999, and for other purposes. Mr. DASCHLE. Mr. President, I am list of permitted open access transactions. Mr. LOTT. Mr. President, I object to proud to cosponsor this resolution hon- 2. Election to Terminate Issuing Future further proceedings on this matter at oring one of the towering figures of our Tax-Exempt Debt.—Subsection (b) of section this time. time. 2 amends section 141 of the Code to permit a The PRESIDING OFFICER. Objec- Peace-loving people throughout the public power system to elect to terminate world feel a deep sadness over the issuing new tax-exempt bonds. tion is heard. It will be placed on the (a) Termination Election—Under new Code calendar. death of Jordan’s King Hussein. By the section 141(f)(1), if a public power system f sheer force of his personal and political elects to terminate issuance of new tax-ex- courage, he changed the world for the empt bonds, it may then undertake trans- HONORING THE LIFE AND LEGEND better. actions that are not otherwise permissible OF KING HUSSEIN OF JORDAN None of us will ever forget how he under the private business use rules (as Mr. LOTT. I now ask unanimous con- rose from his sickbed at the Mayo Clin- amended above) without endangering the sent that the Senate proceed to the ic last fall and came to the Wye River tax-exempt status of its existing bonds. Spe- consideration of S. Con. Res. 7, which peace talks when those talks seemed in cifically, if the issuer makes an irrevocable danger of collapse. Those who were termination election under this provision, is at the desk. then (subject to the exceptions discussed The PRESIDING OFFICER. The there say he restored to those talks a below) no tax-exempt bond may be issued on clerk will state the concurrent resolu- sense that peace was not only possible, or after the date of such election with re- tion by title. but worth making great sacrifices for, spect to an electric output facility, and no The assistant legislative clerk read and taking extraordinary risks for. tax-exempt bond that was issued before the as follows: His was a clear voice for moderation, date of enactment will be treated as a pri- A concurrent resolution (S. Con. Res. 7) tolerance and accommodation as he vate activity bond. This treatment continues honoring the life and legacy of King Hussein urged the two sides to work for peace. for so long as such facility continues to be ibn Talal al-Hashem. His admonition that there had been owned by a governmental unit. Essentially, making this termination elec- The PRESIDING OFFICER. Is there ‘‘enough destruction, enough death, tion will eliminate the possibility of a pri- objection to the immediate consider- enough waste’’ helped bridge the gap vate business use challenge to existing tax- ation of the concurrent resolution? and forge an agreement. King Hussein himself took a risk for exempt debt. If a utility does not make the There being no objection, the Senate peace in 1994, when he forged the his- election, its existing tax-exempt debt for proceeded to consider the concurrent electric generation facilities would continue toric peace agreement between Jordan resolution. to be subject to applicable private business and Israel. Mr. LOTT. Mr. President, I rise to use rules and the marketing constraints Another image we will perhaps al- offer, together with the distinguished thereunder. ways remember is the picture of King (B) Exceptions to Termination.—Under Minority Leader Senator DASCHLE, a Hussein kneeling not long ago at the section 141(f)(2) even if a public power sys- resolution recognizing the significant feet of an Israeli father whose child had tem made the suspension or termination and lasting contributions to peace and been killed by Jordanian border election, it could continue to issue tax-ex- security by His Majesty King Hussein empt bonds for the following purposes: for guards, and apologizing to the man for of Jordan, who passed away just hours transmission and distribution facilities used his loss. He was a noble man and, at ago. to provide open access transmission and dis- the same time, a humble man. tribution services; for ‘‘qualified bonds’’ as I was deeply saddened by the news of He was also a man of great vision and defined in section 141 (e) of the Code (which the death of King Hussein—a true pa- skill. When he became the King, the are not currently subject to private business triot and long-time friend of the United Hashemite kingdom enjoyed little of use restrictions); for eligible refunding bonds States. His bold leadership and per- (bonds that refinance existing bonds but do what it has now. sonal courage serve as a model to all of In just a generation and a half, he not extend their average maturity); and for us. I know I speak for my colleagues bonds issued to finance repairs of, or envi- created in Jordan a system of schools ronmentally-related equipment for, elec- when I say, our thoughts and prayers and roads and all the other infrastruc- trical output facilities, so long as the capac- are with his family and with the people ture of a modern state. ity of the facility is not increased over a de of Jordan during this difficult time. King Hussein was a true friend of the minimis amount. It is worth noting that the long- United States. And, like all friends, we 3. Effective Dates.—Subsection (c) makes standing ties between our two govern- did not always see eye-to-eye on every the provisions of the bill effective on date of ments are built upon a solid bedrock of matter. enactment, but an issuer may elect to make respect and shared values. Even as we In the end, however, it is not our dif- the private business use rules as clarified by consider the profound contribution the bill applicable retroactively to 1996 ferences with him that we remember. (when FERC issued its Order No. 888). Para- King Hussein made to peace and secu- It is how he inspired people to come to- graph (2) of subsection (c) makes it clear rity the Middle East, it is vitally im- gether despite their differences. that the provisions of the bill apply to bonds portant for both our nations to take A man small in physical stature, he issued under the Internal Revenue Code of concrete steps to strengthen those re- walked among us like a giant. February 8, 1999 CONGRESSIONAL RECORD — SENATE S1383 The world is diminished by his pass- by his optimism and determination in looked out at the Old City from the ing. the cause of peace. He never gave up, King David Hotel at the time of that We will miss him greatly. and in his memory, we must now press funeral. It was perhaps the first time in Today, as King Hussein is buried, we forward on the road to peace. many decades he had visited that offer our prayers and sympathy to his I was also touched by his humanity place, and it was a moving moment. family—especially Queen Noor and and personal warmth. He was always King Hussein understood well that each of his children—and to all the peo- gentle and polite, never aloof or impe- the religious and cultural roots of the ple of his beloved Jordan. rious. Jewish and Muslim people are forever We also pledge to work closely with Though his life ended too soon, his intertwined in the fertile and historic King Abdullah and the Jordanian peo- legacy will survive. His rare gift of vi- soil of the Middle East. His country ple to protect King Hussein’s legacy. sion helped guide Jordan through many was created along the Jordan River, We must continue our efforts to pro- dark periods. The heroic steps he took after which it is named, following the mote peace in the Middle East, includ- to help promote peace and reconcili- First World War. Its original borders ing implementing the Wye River Peace ation between Arabs and Israelis will on the east bank of the river, created Accord, which would not have been continue to bear fruit. by colonial rulers, have been altered by possible without his courage. His efforts to establish the founda- annexation, war, and peace agreement. Finally, I hope we will work expedi- tions of democratic government in Jor- Two years after Jordan gained its inde- tiously to approve the aid to Jordan dan remain a worthy example for the pendence from Great Britain, the fledg- that was agreed to at Wye as a tangible region, where democracy is in short ling State of Israel emerged on the demonstration of our support for King supply. other side of the Jordan River, and Abdullah and our ongoing commitment Finally, the partnership between Jor- many of the Palestinians living in the to peace in the Middle East. dan and the United States, cultivated Our friend is gone, but his spirit lives new state migrated to Jordan. so carefully by King Hussein over 46 King Hussein’s grandfather, King on in the fragile Middle East peace. Let years and nine American Administra- Abdullah, was the first ruler of an inde- us nurture it and help it grow, in his tions will continue well into the fu- pendent Jordan. His decision to annex name and in his memory. ture. Mr. HELMS. Mr. President, among the Palestinian-held West Bank in 1950, President Clinton has asked us to the steady stream of foreign heads of when his grandson was 15 years old, ini- demonstrate our support for Jordan in state visiting the Senate’s Foreign Re- tiated a series of events that would a very tangible way—by promptly ap- lations Committee, King Hussein was profoundly affect the balance of power proving his request for supplemental always given a special welcome. He was in the Middle East and the life of the assistance to Jordan. I hope that we instinctively a friend possessing a young prince. unique combination of grace and good can act on that request quickly to In 1951, King Abdullah was assas- humor. I therefore view his death as a show the Jordanian people that we sinated by a Palestinian nationalist personal loss. honor the memory and great achieve- angered by the annexation of the West I recall one occasion when members ments of their late King, and that our Bank. The then-Prince Hussein was of our committee were gathered around friendship with their country is endur- standing just a few steps away as his the large oval table enjoying the King’s ing. grandfather fell. Illness prevented King jovial good humor. Queen Noor was Mr. FEINGOLD. Mr. President, I am Abdullah’s son, Talal, from ruling, and present on that occasion. As His Maj- deeply saddened by the death of King he abdicated in favor of his own son, esty traded comments with the sen- Hussein this past weekend. I have had Prince Hussein, who formally assumed ators around him, it occurred to me the honor of meeting King Hussein sev- the throne in May 1953, at the age of 17. that Queen Noor had perhaps not been eral times, and have always been im- King Hussein would go on to rule Jor- properly welcomed. So I asked the King pressed by his dignity and grace. He dan for nearly half a century, and was if he could identify the most signifi- was a true statesman. the longest serving ruler in the Middle cant 20th century export to his coun- Mr. President, through almost half a East at the time of his death. try. He obviously pondered the ques- century of war and hope, tragedy and King Hussein was the only ruler that tion with uncertainty, so we identified peace, King Hussein shepherded his most Jordanians have known. On a the ‘‘export’’—Queen Noor. country through its transition to a sta- more personal note, he was the King of He laughed heartily and replied: ‘‘I’m ble modern nation and a close U.S. his country for just about as long as I not about to disagree with that!’’ ally. More than the words he has spo- have been alive. I was about two This great man, great leader, and ken, it is the actions he has taken that months old when he formally became faithful friend of the United States pre- have earned him the respect of Israelis, King. Over the course of my life and his sided over his country at a time and the trust of the Arab world. rule, my views about him and his coun- fraught with peril, beset with almost Throughout it all, King Hussein never try have changed dramatically. constant threats both internal and ex- lost sight of our common goal of a just I remember the deep animosity that ternal. Yet throughout his long reign and comprehensive Middle East peace, existed between Jews and Jordanians he met the challenges of leadership nor of what that peace would mean. He when I was growing up in the 1960s, cul- with grace and courage. Without King understood, even when no one else did, minating in the Six Day War in 1967 Hussein, there would not today be even that true peace ‘‘resides ultimately not during which Jordan lost control of the the limited peace the Middle East now in the hands of governments, but in the West Bank and East Jerusalem. While I enjoys. hands of people.’’ was horrified by the religiously-moti- He will be sorely missed, certainly by On a personal note, I remember being vated attacks perpetrated by many me. I wish godspeed to his son and suc- moved by the words he shared during Jordanians during this time, I under- cessor, Abdullah bin Hussein. the funeral of another great leader, stand and appreciate the religious ties Mr. BIDEN. Mr. President, I am Yitzhak Rabin. There, on above the Arab people feel toward Jerusalem. pleased to support the resolution of- the troubled city of Jerusalem, a city Two of the holiest sites in Islam, the fered by the Majority and Minority where as a young boy the King had wit- Dome of the Rock and the Al Aqsa Leaders in honor of the life and legacy nessed the assassination of his own Mosque, where King Hussein’s grand- of King Hussein. grandfather, and in sight of the grave father was assassinated, are located With King Hussein’s death, the of Theodore Herzl, the founder of Zion- there. United States has lost a close, steady ism, King Hussein bore witness to his Throughout these last few decades, I friend in a troubled part of the world. never-ending commitment to peace have developed an immense respect for My deepest condolences go out to the ‘‘for all times to come,’’ and pledged to King Hussein and for the Jordanian King’s family and the Jordanian peo- do his ‘‘utmost to ensure that we leave people. As is true for most people, ple. My best wishes go to King Hus- a similar legacy.’’ And he mourned the when I was younger it took me some sein’s designated heir, King Abdullah. loss of Rabin as a brother and a friend. time to realize that the actions of one In all of my encounters with King I also recall with deep admiration person or a group of people are not al- Hussein I was impressed above all else being in the company of the King as he ways an accurate representation of the S1384 CONGRESSIONAL RECORD — SENATE February 8, 1999 true feelings of a country or a political negotiations for peace in the Middle Whereas despite decades of conflict with leader. The ethnic and religious vio- East. the State of Israel, King Hussein invariably lence that has occurred in the Middle Mr. President, this week’s Torah por- maintained a dialogue with the Jewish state, East, and indeed around the world, is tion speaks of the Revelation at Sinai. and ultimately signed a full-fledged peace treaty with Israel on October 26, 1994; largely carried out by fringe groups Moses had been commanded by God to Whereas King Hussein has established a who believe that violence is the only prepare the people for God’s descent model for Arab-Israeli coexistence in Jor- way to send a message, protest an ac- and visit, and in the wake of dark dan’s ties with the State of Israel, including tion, or achieve a political goal. clouds, thunder and lightning, the deepening political and cultural relations, Even though it was a violent act that sounds of the Shofar, and the trem- growing trade and economic ties and other propelled him into power at such a bling of the earth, God spoke to the major accomplishments; young age, King Hussein chose to re- Israelites and made his commandments Whereas, King Hussein contributed to the ject violence and embrace peace. As a known. It is a powerful passage that cause of peace in the Middle East with tire- less energy, rising from his sick bed at the result of his moderate views, in 1974 an speaks to the hearts of all of us who be- Arab summit declared that he was no last to assist in the Wye Plantation talks be- lieve in God. tween the State of Israel and the Palestinian longer the spokesman for the Palestin- Despite a history fraught with pain, Authority; ian people, and proclaimed that the violence and death, King Hussein un- Whereas King Hussein fought cancer with Palestinian Liberation Organization, derstood the universal meaning of the the same courage he displayed in tirelessly and its leader, Yasser Arafat, would as- commandments, which instruct us not promoting and making invaluable contribu- sume that role. When the PLO began to covet the land and property of our tions to peace in the Middle East; its ‘‘intifada’’ against Israel in 1988, neighbors, and, above all, not to kill. Whereas on February 7, 1999, King Hussein King Hussein formally cut Jordan’s succumbed to cancer in Amman, Jordan: Throughout his life, King Hussein Now, therefore, be it ties to the West Bank, but retained a maintained a vision of a Middle East supervisory role over Muslim holy Resolved by the Senate, (The House of Rep- free from pain, violence and death, and resentatives concurring), That the Congress— places in East Jerusalem and the West he hoped he would see that day during (1) extends its deepest sympathy and con- Bank. his lifetime. dolences to the family of King Hussein and In 1994, Jordan became only the sec- Alas, although significant progress to all the people of Jordan in this difficult ond Arab country to sign a peace has been made, including the warming time; agreement with Israel. The two coun- of relations between Jordan and Israel, (2) expresses admiration for King Hussein’s enlightened leadership and gratitude for his tries established diplomatic relations, true peace in the Middle East still es- Israel returned some territory to Jor- support for peace throughout the Middle capes us. But there is no doubt in my East; dan, and the countries have begun to mind that among the many legacies of work together on common issues such (3) expresses its support and best wishes for King Hussein is a true commitment to the new government of Jordan under King as shared infrastructure and access to a just and lasting peace in the Middle Abdullah; potable water. Unfortunately, these East. (4) reaffirms the United States commit- courageous moves have sometimes In his honor and in his memory, let ment to strengthening the vital relationship been met with violent acts, particu- us join him in committing ourselves to between our two governments and peoples; larly from those who felt that peace be- SEC. 2. The Secretary of the Senate is di- the same goal. tween Israel and Jordan was pre- rected to transmit an enrolled copy of this Mr. LOTT. I ask unanimous consent mature. The 1997 murder of seven resolution to the family of the deceased. the concurrent resolution be agreed to, Israeli school girls by a Jordanian sol- the preamble be agreed to, the motion f dier was a sobering reminder that not to reconsider be laid upon the table, all Jordanians shared their King’s sup- and any statements relating to the res- ADJOURNMENT UNTIL 1 P.M. port for peace. But, in a testament to ECORD. TOMORROW his commitment to peace, King Hus- olution appear in the R The PRESIDING OFFICER. Without sein not only condemned this cowardly Mr. LOTT. Mr. President, I now ask action, but he also made the effort to objection, it is so ordered. unanimous consent the Senate stand in travel to Israel to visit with the fami- The concurrent resolution was agreed adjournment under the previous order lies of the young victims. to. until 1 p.m. tomorrow. One of the King’s biggest strengths The preamble was agreed to. There being no objection, the Senate, was his ability to lead quietly by exam- The concurrent resolution (S. Con. at 6:37 p.m., adjourned to reconvene as ple. His decision to visit the families of Res. 7), with its preamble, reads as fol- a Court of Impeachment on Tuesday, the children murdered by one of his lows: February 9, 1999, at 1 p.m. S. CON. RES. 7 army’s soldiers is but one instance of f this. Whereas King Hussein ibn Talal al-Hashem was born in Amman on November 14, 1935; Even as the King was undergoing NOMINATIONS treatment for cancer at the Mayo Clin- Whereas he was proclaimed king of Jordan ic, the welfare of his people and the in August of 1952 at the age of 17 following Executive nominations received by status of the Middle East peace process the assassination of his grandfather, King the Secretary of the Senate February Abdullah and the abdication of his father, was not far from his mind. He dis- 8, 1999, under authority of the order of Talal; the Senate of January 6, 1999: played a quiet courage and admirable Whereas King Hussein became the longest strength by leaving the hospital and serving head of state in the Middle East, MORRIS K. UDALL SCHOLARSHIP AND EXCEL- traveling to the Wye River peace nego- working with every U.S. President since LENCE IN NATIONAL ENVIRONMENTAL POLICY tiations last fall in order to encourage Dwight D. Eisenhower; FOUNDATION a settlement between the Israelis and Whereas under King Hussein, Jordan has ANNE JEANNETTE UDALL, OF NORTH CAROLINA, TO BE the Palestinians. Even as his health instituted wide-ranging democratic reforms; A MEMBER OF THE BOARD OF TRUSTEES OF THE MORRIS Whereas throughout his life, King Hussein K. UDALL SCHOLARSHIP AND EXCELLENCE IN NATIONAL was deteriorating, King Hussein’s com- ENVIRONMENTAL POLICY FOUNDATION FOR A TERM EX- survived multiple assassination attempts, PIRING OCTOBER 6, 2004. (REAPPOINTMENT) mitment to peace never waned. Selfless plots to overthrow his government and at- NATIONAL SCIENCE FOUNDATION acts such as that earned him the re- tacks on Jordan, invariably meeting such at- spect of people around the world and JOSEPH BORDOGNA, OF PENNSYLVANIA, TO BE DEPUTY tacks with fierce courage and devotion to his DIRECTOR OF THE NATIONAL SCIENCE FOUNDATION, made him one of the linchpins of the Kingdom and its people; VICE ANNE C. PETERSEN, RESIGNED. February 8, 1999 CONGRESSIONAL RECORD — Extensions of Remarks E153 EXTENSIONS OF REMARKS

INTRODUCTION OF THE COMMU- vestment in both economically distressed threshold appropriation before beginning op- NITY DEVELOPMENT FINANCIAL communities and CDFIs. erations. And, this section will allow the INSTITUTIONS FUND AMEND- This section also changes the Act to reflect CDIF fund (if the SBCE Program is operat- the intent of appropriations provisions that MENTS ACT OF 1999 ing) to reimburse participating states ac- made the CDFI Fund a wholly-owned govern- cording to criteria established by the CDFI ment corporation within the Treasury De- Fund in an amount up to 50% of the amount HON. BRUCE F. VENTO partment. Technical amendments to the Act of contributions by the states, until funds OF MINNESOTA eliminate the concept of a Presidentially ap- made available for this purpose are ex- pointed Administrator of the Fund, and, as IN THE HOUSE OF REPRESENTATIVES pended. This permits the Fund to target re- with other Treasury programs, vest all the imbursements to states that have not yet es- Monday, February 8, 1999 duties and responsibilities of the CDFI Fund tablished these programs or that have insuf- Mr. VENTO. Mr. Speaker, today I am intro- in the Secretary of the Treasury (subject to ficient funds for effective programs. existing statutory delegation authority). ducing legislation to reauthorize the programs SECTION 6. ADDITIONAL SAFEGUARDS The Secretary may appoint all officers and This section adds the requirement that the at the Community Development Financial Insti- employees of the CDFI Fund, including a Di- tutions Fund. A section-by-section analysis of Fund use a scoring system as one of the tools rector. to evaluate the merits of applications. It the bill follows this statement. This section makes technical changes to also requires the use of a multi-person re- clarify that the Inspector General of the The activities at the CDFI FundÐthe CDFI view panel consisting of at least three per- Treasury Department is the Inspector Gen- and the Bank Enterprise Act (BEA) pro- sons, to apply the scoring system in order to gramsÐhave received high praise over the eral of the CDFI Fund. This section also gives the Secretary the reduce discretion and provide a mix of per- years as well as intense scrutiny. This legisla- authority to prescribe the necessary regula- spectives in the application review process. 1 tion, basically a product of our Subcommittee's tions and procedures. At least ⁄3 of the members of the panel shall not be officers or employees of any govern- work from last year, with input from the Over- SECTION 3. AMENDMENTS TO PROGRAMS ADMIN- sight Subcommittee of the Banking Commit- ment. ISTERED BY THE FUND AND THE BANK ENTER- This section adds reporting requirements tee, draws upon both praise and scrutiny to PRISE ACT OF 1991 by the Fund to the Congress in their annual further the program for the future. The Fund This section makes minor changes to the report. The CDFI Fund must include in their has made numerous Administrative improve- CDFI Awards Program administered by the annual report its use of outside consultants, ments already. With the measures included in CDFI Fund. The amendments provide that, including the services provided by the con- this proposed legislation, many of those would for the training and technical assistance pro- sultants and the fees paid for those services. be solidified so that problems do not occur in grams already authorized by the Act, the The report must detail the Fund’s compli- the future and so that everyone can focus on Fund may enter into cooperative agreements ance with the Federal Manager’s Financial in addition to the other methods described. the positive impacts the CDFI programs have Integrity Act (FMFIA). The FMFIA requires This section amends the Bank Enterprise Federal programs to have controls in place had in our communities. Act (BEA) Awards Program for insured de- to ensure that assets are safeguarded from As a strong supporter of local efforts of pository institutions. The subsection pro- waste, fraud, and abuse. The CDFI fund must community development financial groups and vides technical amendments and clarifies also report any material internal control financial institutions that focus on undeserved that the Fund may provide assessment cred- weaknesses identified in its most recent ex- communities, I know that the CDFI programs its to insured depository institutions for in- ternal audit along with corrective actions and related programs that promote microenter- creases in loans and other assistance pro- that will be taken to address such weak- vided to CDFIs. The provisions clarify the prise activities and housing activities are criti- nesses. This section requires that the Fund manner in which the Fund may take account report on the implementation of the objec- cal to rebuilding and strengthening neighbor- of forms of assistance provided by insured hoods and their residents. The CDFI inter- tive scoring system in its first annual report depository institutions. In addition, the pro- following enactment of this legislation. mediaries and institutions that received BEA visions permit the Fund to use alternative This section requires the GAO to submit to funds can be the foundation and the building eligibility requirements to determine the Congress, within 18-months of enactment, a blocks of economic opportunity and employ- definition of a ‘‘qualified distressed commu- study evaluating the structure, governance ment. They can serve as instigators of change nity.’’ Current criteria are difficult to inter- and performance of the CDFI Fund. and partners in business, housing and com- pret and may exclude some insured deposi- This section also requires the CDFI Fund tory institutions, particularly those serving to notify Congress in advance of hiring a munity initiatives. rural areas, from participation in the BEA Mr. Speaker, I am pleased to introduce this contractor under the SBA’s Section 8(a) con- Program. tracting program. reauthorization legislation with the Gentle- SECTION 4. EXTENSION OF AUTHORIZATION f woman from New Jersey, Mrs. ROUKEMA, with This section authorizes appropriations for whom I worked to draft this bill over the fiscal years 2000, 2001, 2002, and 2003 for $95 BANKRUPTCY AMENDMENTS OF course of last year. I hope that we will be able million, $100 million, $105 million and $110 1999 to move this bill early in this session so that million, respectively. we can ultimately enact these improvements SECTION 5. AMENDMENTS TO SMALL BUSINESS HON. JOE KNOLLENBERG into law this year. CAPITAL ENHANCEMENT PROGRAM OF MICHIGAN This section removes statutory barriers COMMUNITY DEVELOPMENT FINANCIAL IN THE HOUSE OF REPRESENTATIVES INSTITUTIONS FUND AMENDMENTS ACT OF 1999 that currently block the CDFI Fund from ad- ministering the SBCE Program. The SBCE Monday, February 8, 1999 SECTION 1. SHORT TITLE; TABLE OF CONTENTS program would encourage states to imple- Mr. KNOLLENBERG. Mr. Speaker, I rise SECTION 2. CHANGE OF STATUS OF THE FUND; ment small business ‘‘capital access pro- MISCELLANEOUS TECHNICAL CORRECTIONS grams’’ with the participation of certain de- today to introduce a bill to address an injustice This section changes the purpose section of pository institutions. These ‘‘capital access that exists within Title 11 of the United States the Community Development Banking and programs’’ expand access to small business Code regarding single asset bankruptcies. Financial Institutions Act of 1994 (the Act) loans by creating a loan loss reserve, funded The injustice within Title 11 stems from an to add language that clarifies that the pur- by the depository institution, the borrower, 11th hour decision made during the 103rd pose of the Act is to promote economic revi- and the state. This reserve fund allows banks Congress, which placed an arbitrary $4 million talization and community development not to make more difficult small business loans. ceiling on the single asset provisions of the only through investment in and assistance The Fund, under the SBCE Program, could bankruptcy reform bill. The effect has been to to community development financial institu- reimburse participating states for a portion tions (CDFIs) but also through enhancing of funds contributed to these loan loss re- render investors helpless in foreclosures on the liquidity of community development fi- serve accounts. single assets valued over $4 million. nancial institutions, and through incentives This section allows CDIFs to participate in To rectify this problem, my bill eliminates to insured depository institutions that in- the SBCE Program. It removes the require- the $4 million ceiling, thereby allowing credi- crease lending and other assistance and in- ment that the SBCE Program receive a tors the ability to recover their losses. Under

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor. E154 CONGRESSIONAL RECORD — Extensions of Remarks February 8, 1999 the current law, Chapter 11 of the Bankruptcy is more to gain from saving wildlife than from from the Federal Center for Mental Health Code becomes a legal shield for the debtor. destroying it. The Big Sur coastline would be Services, the program provided counseling as Upon the investor's filing to foreclose, the a very different place were it not for well as resource and service information about debtor preemptively files for Chapter 11 pro- Margaret's guardianship. She successfully op- improvement of stress coping responses tection which postpones foreclosure indefi- posed the proposal to straighten the Pacific among disaster victims. nitely. Coast Highway and widen it to a four freeway. Teams of crisis counselors provided out- While in Chapter 11, the debtor continues to Margaret led efforts to pass Proposition 117 to reach services to people and organizations collect the rents on the commercial asset. ban sport hunting of the mountain lions and within the Guam Community. This multi-lingual However, the commercial property is typically the setting aside of funds to purchase state and culturally diverse group visited homes, left to deteriorate and the property taxes go parklands. shelters, schools and Senior Citizen Centers. unpaid. When the investor finally recovers the The appreciation of environmental organiza- Since the inception of ``Paka outreach,'' team property through the delayed foreclosure, they tions was expressed by the many awards she members have assisted over 2,000 individuals owe an enormous amount in back taxes, they received, such as the National Audubon Soci- with services such as crisis counseling con- receive a commercial property left in deteriora- ety Medal and being included in its listing as sultation education and support groups. tion which has a lower rent value and resale one of the 100 most influential environmental- One year has passed since Supertyphoon value, and meanwhile, the rent for all the ists of the century. She was given the Gold Paka. Debris has been collected, services months or years they were trying to retain the Medal Award of the United Nations Environ- have been restored, damages have been re- property went to an uncollectible debtor. ment Program. The United States Department paired, and the island of Guam is green and My bill does not leave the debtor without of the Interior conferred the Conservation beautiful once again. Conditions have, more or protection. First, the investor brings a fore- Service award upon her. And the Sierra Club, less, returned to normal. As were recognize closure against a debtor only as a last resort. in recognition of Margaret's lifelong dedication the countless men and women who have This usually comes after all other efforts to to the cause of conservation, made her an made possible the island's speedy and suc- reconcile delinquent mortgage payments have honorary board member. cessful recovery, I would like to take this op- failed. Second, the debtor has up to ninety Margaret is survived by her daughter, portunity to make special note of the contribu- days to reorganize under Chapter 11. It should Wendy Millard Benjamin; her stepson Nathan- tions of the Paka Outreach Program. On be- be noted, however, that single asset reorga- iel Owings; her stepdaughters Natalie Owings half of the people of Guam, I commend the nizations are typically a false hope since the Prael, Emily Owings Kapozi, and Jennifer members of this outstanding team and submit owner of a single asset does not have other Owings Dewey; her brother, William Went- their names in special recognition of their out- properties from which he can recapitalize his worth; nine grandchildren and four great- standing public service.***HD***PAKA OUT- business. grandchildren. REACH Finally, Mr. Speaker, my bill helps all Amer- Margaret's advocacy was accomplished with Department of Mental Health and Substance ican families by making their investments grace, poise, style and spirit. Her memoir ``A Abuse.ÐJohn W. Leon Guerrero, Director; Au- more secure and more valuable. The hard- Voice From the Sea: Reflections on Wildlife rora Cabanero, Deputy Director; Mariles working American families who depend on and Wilderness'' evokes, through her articu- Benavente, State Coordinator. their life insurance policies and who have paid late and persuasive voice, the spirituality she University of GuamÐDr. Jeff D.T. Barcinas, for years into their pensions will save millions found in her wild surroundings. Dean/Dir., Coll. of Agriculture & Life Sciences; in reduced costs. My bill protects the ``little There is no conceivable measure for the Victor T. Artero, Associate Dean, Guam Coop- guy'' from being plagued with years of litiga- contributions Margaret made; she has left a erative Extension; J. Peter Roberto, Principal tion while a few unscrupulous commercial permanent legacy. Margaret Owings was our Investigator, Paka Outreach. property owners continue to colllect the rent to hero. She led us by her example, she taught Paka Outreach StaffÐSr. Stella Manglona, line their own pockets. us through her wisdom, she graced us with Project Coordinator; Venancia Colet, Mental f her vision, and we learned to treasure all that Health Consultant; Ronnie Babin, Team Lead- she valued so deeply. er; Jeanie Perez, Team Leader; Joseph H. TRIBUTE TO MARGARET f Salas, Team Leader; Jose Caluag, Eloisa A. WENTWORTH OWINGS Chan, Filomena Doone, Jenette Muhat, PAKA OUTREACH PROGRAM Karmelin Pachkoski, Marie Pereda, Felisa HON. SAM FARR Quitugua, Marchelle Sablan, Misko Shuru, OF CALIFORNIA HON. ROBERT A. UNDERWOOD Dirk Taitano, Remedios Taitague, Simona IN THE HOUSE OF REPRESENTATIVES OF GUAM Cushing Viloria. Monday, February 8, 1999 IN THE HOUSE OF REPRESENTATIVES f Mr. FARR of California. Mr. Speaker, I rise Monday, February 8, 1999 A RESONSE TO THE PRESIDENT’S to memorialize the passing of a friend, a poet, Mr. UNDERWOOD. Mr. Speaker, last year PRESENTATION OF THE DE- an artist, and a passionate environmentalist. supertyphoon Paka struck the island of Guam FENSE BUDGET TO CONGRESS Margaret Wentworth Owings passed away on causing nearly $400 million in damages and January 20, 1999 at her cliffside home in Big leaving more than 4,000 families homeless. SPEECH OF Sur California high above her beloved Pacific The speed of this particular recovery is un- HON. RON PACKARD Ocean. precedented in the annals of Guam's typhoon- OF CALIFORNIA Born in Berkeley, California in 1913, Mar- prone history. In situations such as this, how- IN THE HOUSE OF REPRESENTATIVES garet Wentworth graduated from Mills College ever, the emotional needs of disaster victims and studied art at Harvard University. In 1953, and stress levels of workers tasked to restore Tuesday, February 2, 1999 she married architect Nathaniel Owings. By normalcy are often overlooked as other neces- Mr. PACKARD. Mr. Speaker, I rise today in that time, she had pledged herself to the pres- sities such as restoration of services, recon- defense of the men and women who protect ervation of the natural endowments of Big Sur, struction of homes and businesses, and pro- our freedom around the world. The military a place she called ``the most beautiful spot on curement of basic supplies receive much of budget proposed by President Clinton is woe- the globe.'' the attention. fully inadequate and we must work together to Margaret began her crusade for environ- It is for this reason that the ``Paka Outreach ensure that Congress corrects its failures and mental protection over fifty years ago when Program'' was implemented. A Crisis Counsel- shortcomings. she watched with binoculars as a rifleman ing Program established to bring attention and The increasing instability around the world killed a Stellar sea lion. She learned that hunt- support for the emotional aspects of disaster threatens America's allies as well as American ers could earn a bounty for killing mountain recovery, the outreach program was author- interests. Even as I speak, our sons and lions and that sea otters were valued only for ized through a Memorandum of Understanding daughters who serve are targeted by Iraqi their pelts. Margaret co-founded the Friends of between the Child and Adolescent Services missiles and scores of terrorist forces abroad. the Sea Otter in 1969 and the California Division of the Department of Mental Health Today, the Administration is contemplating fur- Mountain Lion Preservation Foundation in and Substance Abuse and the College of Agri- ther troop deployments in Kosovo. 1987. Through determination, resourcefulness, culture and Life Sciences, Guam Cooperative America's military is now spread further and unstinting effort, Margaret brought us Extension Program of the University of Guam. around the world than at any time in our his- around to the undeniable conclusion that there Deriving funds from a Regular Service Grant tory. Yet the President still fails to provide our CONGRESSIONAL RECORD — Extensions of Remarks E155 soldiers with the resources they need to pro- ROCSAT–1 LAUNCH FROM SPACE- Kaczynski placing the health and safety of tect freedom and even to protect themselves. PORT FLORIDA A GREAT SUC- American citizens ahead of family loyalty, Fed- The President's military budget proposal is CESS eral authorities were able to apprehend his long on rhetoric and short on correcting the brother Theodore, the infamous Unabomber. many gaps in readiness that have developed HON. DAVE WELDON The Federal Government had offered a $1 over years of neglect under his administration. OF FLORIDA million reward for information leading to the conviction of the Unabomber. Not wanting to While the President's budget hands out bil- IN THE HOUSE OF REPRESENTATIVES profit personally from the tragedy caused by a lions to government bureacracies and bloated Monday, February 8, 1999 deeply troubled member of their family, David federal agencies, it falls well short of any seri- Mr. WELDON of Florida. Mr. Speaker, I Kaczynski and his wife pledged to distribute ous attempt to provide for the safety of our have the distinct privilege of bringing to the the net proceeds, after taxes and attorneys' troops. Members' attention the fact that Spaceport fees, to his brother Theodore's victims and The truth is, we aren't keeping our promises Florida has successfully launched its second their families. However, because this income to those who serve. You can look no further satellite. On Tuesday, January 26, 1999, I was was considered taxable they were only able to than our military personnel retention rates to pleased to personally observe as an Athena direct $534,150 to a community based founda- see what years of grossly under-funded budg- rocket left Florida's Spaceport to deploy the tion to be used to benefit the victims of violent ROCSAT±1, the first satellite launched by the crime. If this reward had been tax-exempt, ets have done to morale throughout the serv- Republic of China, Taiwan. I am proud of the David and his wife would have had approxi- ice. Highly trained men and women are leav- success of the government of Taiwan, Space- mately $200,000 more to distribute. ing the miltary in record numbers. The Navy's port Florida, and involved commercial compa- Accordingly, we are reintroducing the bill loss of aviators, many of whom are stationed nies in this endeavor. today, which would permit the full reward to be near my district in San Diego, has reached a The launch of ROCSAT±1 was accom- tax-exempt and allow the amount, otherwise critical level. In some cases, we no longer plished with the cooperation of Taiwan's Na- used to pay taxes, to ultimately benefit the vic- even have the necessary personnel to staff tional Space Program Office, Lockheed Martin tims and their families. We invite our col- our carriers. and the Spaceport Florida Authority. This is leagues to cosponsor this legislation and as- Mr. Speaker, our military personnel are the only the latest example of the Spaceport sist us in closing this chapter of the Authority's ability to successfully launch pay- finest in the world. The readiness and safety Unabomber saga and bring some sense of loads into space and at a competitive price. I justice to the Unabomber's victims and their of those who protect freedom should not be am hopeful that this successful endeavor be- families. sacrificed for the personal legacy of a self-ab- tween the Republic of China and Florida will f sorbed President. It's time we provide them lead to more exciting and profitable ventures with the best equipment and training available. that will benefit both parties. This is a proud PERSONAL EXPLANATION Anything less is unacceptable. moment for Taiwan and Florida. After personally viewing the historic launch, HON. JOHN R. KASICH f I can also say that I firmly believe that Flor- OF OHIO ida's first rate launching capabilities are ad- IN THE HOUSE OF REPRESENTATIVES RECOGNIZING 1ST SERGEANT MI- vancing and will strengthen our competitive- Monday, February 8, 1999 CHAEL HAYES FOR OUTSTAND- ness. I am also pleased that Taiwan chose ING COMMUNITY SERVICE Florida as the place for launching their sat- Mr. KASICH. Mr. Speaker, on Wednesday, ellite. Florida has a proven track record of de- February 3, 1999, I was unavoidably detained pendable launches and we added to that num- and unable to record a vote by electronic de- HON. ROSA L. DeLAURO ber on January 26. I hope this will be the first vice on Roll Number 9. Had I been present, I would have voted ``aye'' on Roll Number 9. OF CONNECTICUT launch of many. f On Wednesday, February 3, 1999, I was IN THE HOUSE OF REPRESENTATIVES unavoidably detained and unable to record a A BILL TO EXCLUDE FROM GROSS vote by electronic device on Roll Number 10. Monday, February 8, 1999 INCOME REWARDS RECEIVED BY Had I been present, I would have voted ``aye'' REASON OF PROVIDING INFOR- Ms. DELAURO. Mr. Speaker, it gives me on Roll Number 10. MATION LEADING TO THE CON- great pleasure to come before the House On Wednesday, February 3, 1999, I was VICTION OF A CRIME TO THE EX- unavoidably detained and unable to record a today to honor the long and distinguished TENT THAT THE REWARD IS vote by electronic device on Roll Number 11. record of service of Marine First Sergeant Mi- USED TO COMPENSATE VICTIMS Had I been present, I would have voted ``aye'' chael Hayes. Whether serving his nation in the OF CRIME on Roll Number 11. Marine Corps or providing for the needy dur- f ing the holidays here at home, Sergeant HON. AMO HOUGHTON INTRODUCTION OF THE KNOW Hayes has set a record of achievement that OF NEW YORK we can all be proud of. YOUR CUSTOMER PROGRAM IN THE HOUSE OF REPRESENTATIVES ABOLISHMENT ACT Even while serving the Marine Corps faith- Monday, February 8, 1999 fully here in New Haven, Sergeant Hayes Mr. HOUGHTON. Mr. Speaker, I am HON. VAN HILLEARY went above and beyond the call of duty and pleased to join my colleague from New York, worked diligently to involve his staff and Ma- OF TENNESSEE Mr. MCNULTY, as well as a number of other IN THE HOUSE OF REPRESENTATIVES rine cadets with the community. Of all his ac- colleagues, in introducing a new bill to effec- complishments, the most impressive and the tively exempt from taxation the proceeds of Monday, February 8, 1999 most touching has been his work on behalf of the Federal government's reward of $1 million Mr. HILLEARY. Mr. Speaker, on December numerous ``Toys for Tots'' campaigns. His paid to Mr. David Kaczynski for information 7, 1998, the Comptroller of the Currency, the commitment has brought more than thirty leading to the conviction of the Unabomber. Office of Thrift Supervision, Federal Reserve thousand toys to needy children in the Greater We introduced a similar bill late last session, Board and the Federal Deposit Insurance Cor- New Haven area, putting a smile on the faces which was passed by the Senate but, due to poration published regulations which cut of so many of New Haven's kids on many procedural and content changes, was not con- against the very foundations of individual lib- Christmas mornings. sidered in the House before adjournment. We erties. Under the title of ``Know Your Cus- believe we have addressed the content con- tomer'' regulations, the proposed rule intends At the end of this year, Sergeant Hayes will cerns of the proposal and are reintroducing a to prevent money laundering. However, it in- leave the Marine Corps, retiring with the more general bill to be considered through the stead intrudes on the privacy of law-abiding United States Armed Forces Meritious Service regular legislative process. citizens. Medal, a honor he most certainly deserves. As you may remember, in the fall of 1995 Under the proposed rule, all banks and His generosity and dedication to the needs of Mr. David Kaczynski provided invaluable as- thrifts in our country would be required to (1) New Haven residents will not be forgotten. sistance to the FBI. As a result of Mr. identify their customers, (2) determine the E156 CONGRESSIONAL RECORD — Extensions of Remarks February 8, 1999 source of income of its customers, (3) deter- the fourth day of Black History Month, a his- schools that were distributed in Guatemala. mine the ``normal and expected'' transactions tory which Rosa Parks helped to create. Be- During his tenure, Andy also made improve- of each customer, (4) monitor each customer's cause of her labor of love and her continued ments to the infrastructures in other areas of account activity to insure it is compatible with work in the civil rights movement, our children South America and Italy. historical patterns, and (5) report any ``sus- have opportunities which, for many of our par- Andy enriched his own community and com- picious'' transactions. ents, were merely dreams and fantasies. munities around the world, with his ability to Thus, if your financial institution, in which On this day, the anniversary of her birth, I implement his practical talents through the you have placed both your finances and trust, am pleased to join Congresswoman JULIA medium of his larger vision of the world and feels that you have withdrawn or deposited an CARSON and others in a bipartisan effort to its values. His work will be lasting, as will the amount that could be interpreted as suspicious honor Rosa Parks by introducing legislation to lessons he taught every individual, whom he or outside the ``normal and expected'' trans- present her with a long-overdue Congressional has inspired. Our deepest sympathies go to actions that you make, you could have your Gold Medal. I hope that Members of Congress his family and those closest to Andy Ausonio. name sent to law enforcement authorities. All and people across our nation will join me in f of us at one time or another have had to de- supporting this important legislation. posit or withdraw money that falls outside our The American people and I wish you a joy- PLUMBING STANDARDS ``normal'' transactional history. Whether putting ous 86th birthday, and we thank you, Rosa IMPROVEMENT ACT OF 1999 a downpayment on a house, a car or even a Parks, for your life's work and for your invalu- wedding ring, it is not the FDIC, the FBI or our able legacy. HON. JOE KNOLLENBERG local bank's business on when and why we f OF MICHIGAN would want to make such a transaction or IN THE HOUSE OF REPRESENTATIVES even from where we receive our income. TRIBUTE TO ANDREW E. AUSONIO One would think that if the federal govern- Monday, February 8, 1999 ment were to order financial institutions to HON. SAM FARR Mr. KNOLLENBERG. Mr. Speaker, I rise to comb over their customer's finances, they OF CALIFORNIA day to introduce the Plumbing Standards Im- would at least take part of the burden off the IN THE HOUSE OF REPRESENTATIVES provement Act of 1999. This bill would begin financial institution. However, this regulation to restore common sense to our government instead puts an onerous mandate on member Monday, February 8, 1999 by repealing the ridiculous federal mandates banks and thrifts. These institutions must com- Mr. FARR of California. Mr. Speaker, I rise on toilet size and showerhead flow, 1.6 gal- pile all the paperwork, put in all the man today to mark the passing of Andrew E. lons per flush and 2.5 gallons per minute, re- hours, and ultimately take all the heat for spy- Ausonio, who died October 17, 1998, a de- spectively. ing on their customers. voted husband and father an innovative busi- In 1992, Congress considered and eventu- I am all in favor of preventing money laun- nessman, a leader in his community and a hu- ally passed the Energy Policy Act (EPA). At dering; however, this regulation violates the manitarian both at home and abroad. that time, a unique coalition of environmental basic privacy rights of American citizens. Andy was a native of the Salinas Valley, activist and plumbing manufacturers joined There are surely other ways to catch the drug graduating from Salinas High School, and at- forces to expand the size of our already bloat- dealers and other illegal money launderers tending Hartnell Junior College. His service in ed government and push for a national policy that do not infringe on the personal liberties of the Armed Forces drew him away for a time, on, of all things, plumbing products. With the so many innocent and law-biding citizens. but upon his return Andy applied his attention help of the U.S. Department of Energy, this Luckily the federal government's attack on to developing his business and personal re- coalition claimed it was essential to ban cer- personal freedom has not gone unnoticed. Al- sources. His business capacities took him tain types of toilets and showerheads. Instead ready the FDIC has received more than from Control Operator at the Moss Landing of allowing individuals to make their own 15,000 comments on these new regulations. PG&E Electric Generation Plant; to become a choices, this group claimed the federal gov- All but 12 of these comments are negative. founder of numerous property-related firms in- ernment should choose the types of plumbing I am hopeful that by filing this bill today will cluding Ausonio Construction Company, Inc.; fixtures Americans can use in their private and further discourage the FDIC and other federal to a position as Director and then Chairman of public bathrooms. agencies from following through with this ill- the Board of the Bank of Salinas; and Director Since passage of the 1992 EPA, the voices conceived and shoddily designed rule. of Artichoke Industries. in opposition to this policy have become loud f Andy committed considerable energy to im- and clear. I first became aware of the prob- CELEBRATING THE 86TH prove this community as a member of the Elks lems our national plumbing laws have created BIRTHDAY OF ROSA PARKS Lodge; President of Native Sons of the Golden when I began to receive complaints from a va- West; President of the Castroville Rotary; Fes- riety of frustrated individuals. These dis- tival Chairman for the Castroville Artichoke contented consumers, plumbers, remodelers, HON. BARBARA LEE Festival; President of the Notre Dame High landlords, home builders, and others were OF CALIFORNIA School Board; Commissioner for the upset their new, expensive toilets were repeat- IN THE HOUSE OF REPRESENTATIVES Castroville Fire District; President of the Sali- edly clogging and consistently required mul- Monday, February 8, 1999 nas Valley Builders Exchange; Chapter Presi- tiple flushes. Obviously, these new products Ms. LEE. Mr. Speaker, I rise today to recog- dent of the Associated General Contractors; were not saving water and therefore proved nize the 86th birthday of Rosa Parks, a pivotal Finance Commission for the Monterey Finance counterproductive to the original intent of the force in the struggle for civil rights in America. Commission; Director for the Monterey County legislation. Ms. Parks touched millions of lives when she Private Industry Council; Director for the Sali- To date, I have received thousands of calls, refused to give up her seat on a Montgomery, nas Valley Memorial Hospital Foundation; and letters, and faxes from individuals all across Alabama city bus. Rosa's courageous action as a member of the Advisory Committee for the country, and the political spectrum, who served as a catalyst for the legendary bus California Assemblyman Peter Frusetta. support restoring common sense to our gov- boycott in Alabama and was one of the critical Andy had a musical side and was a mem- ernment and reducing the enormous burden turning points in the Africa-American civil ber of the Watsonville community, brass and placed on them by inefficient and needless rights movement. With the support of Dr. Mar- German bands. He was the major fundraiser government mandates. The message is clear, tin Luther King Jr. and other civil rights activ- in getting the North Monterey County High and often written on toilet paper: ``Get the gov- ists, Rosa Parks' action and the subsequent School band to play at President Bill Clinton's ernment out my bathroom!'' boycott demonstrated the power of individuals Inaugural Celebration in Washington, D.C. While support for ending these mandates and communities to tear down injustice and As a Rotarian, Andy organized a trip to the has steadily grown, the importance of this bring about social change. Her spark ignited a village of San Antonio Such, Guatemala, to issue has grown even further, Currently, the fire that helped to eradicate legal segregation work on a sewage water treatment system Department of Energy is considering a ban on in the South, raise the consciousness of peo- that was a threat to the health of the popu- top-loading washing machines as well as cer- ple around the country, and challenge our de- lation due to the untreated sewage in the local tain types of water heaters, fluorescent lamps, mocracy to guarantee and secure liberty and streams. He returned to determine how the central air conditioners, and other common justice for all. Rotary could best help the local people, and products used by American every day. In addi- Rosa Park's 86th birthday and her legacy subsequently organized a literacy project. The tion to providing relief for those suffering under are especially important today as we celebrate project used Spanish books from California plumbing fixture laws, we must pass this bill to CONGRESSIONAL RECORD — Extensions of Remarks E157 ensure the voice reason is heard before addi- TRIBUTE TO FRANK BALAJADIA the Navy in 1939. This enlistment placed him tional mandates are enacted. MANIBUSAN at Pearl Harbor when the Japanese air attack The American marketplace works well, but on the Naval Base was launched on Decem- ber 7, 1941, prompting the involvement of the only if consumers are allowed to buy the prod- HON. ROBERT A. UNDERWOOD United States in World War II. As a member ucts they desire. If some consumers want tiny OF GUAM of Fleet Admiral Chester W. Nimitz's personal toilets or trickling showerheads, the economy IN THE HOUSE OF REPRESENTATIVES Monday, February 8, 1999 staff, he later witnessed the official end of the will provide these products without the burden war as Japanese representatives signed an of federal decrees. In addition, if state and Mr. UNDERWOOD. Mr. Speaker, the island unconditional surrender aboard the U.S.S. local governments wish to establish their own of Guam lost a distinguished veteran on Sun- Missouri in 1945. He retired with the rank of plumbing policies, they are free to do so. Un- day, January 24, 1999. Frank Balajadia Senior Chief Petty Officer (E8) in 1960. fortunately, our failed policy on plumbing fix- Manibusan, one of the first Chamorros ever to The late Frank Balajadia Manibusan left a tures has strangled the market, created innu- enlist in the United States Navy, passed away legacy of service held with pride by the island merable headaches, and put us at risk of suf- at the age of 81 in Union City, California after a long illness. of Guam and its people. On behalf of the peo- fering under further one-size-fits-all mandates. Born in Santa Cruz, HagaÊtnÄa on February ple of Guam, I offer my condolences and join Now is the time to heed the call of suffering 10, 1917, Frank's military career gave him the his widow, Brigida, and their children, Darlene, Americans, pass the Plumbing Standards Im- chance to witness several significant events in Frances, Leilani, Frank and Jesse in mourning provement Act of 1999 and restore wisdom to our nation's history. The eldest son child of the loss and celebrating the life of a distin- our federal government. Juan and Soledad Manibusan, Frank joined guished son of Guam. E158 CONGRESSIONAL RECORD — Extensions of Remarks February 8, 1999 SENATE COMMITTEE MEETINGS 1999, and the proposed Financial Regu- Health, Education, Labor, and Pensions Title IV of Senate Resolution 4, latory Relief and Economic Efficiency To hold hearings on protecting medical Act of 1999. records privacy issues. agreed to by the Senate on February 4, SD–538 SD–430 1977, calls for establishment of a sys- Health, Education, Labor, and Pensions 2 p.m. tem for a computerized schedule of all To hold hearings on the proposed budget Judiciary meetings and hearings of Senate com- request for the Department of Edu- Antitrust, Business Rights, and Competi- mittees, subcommittees, joint commit- cation. tion Subcommittee tees, and committees of conference. SD–430 To hold hearings to review competition This title requires all such committees 1 p.m. and antitrust issues relating to the to notify the Office of the Senate Daily Budget Telecommunications Act. SD–226 Digest—designated by the Rules Com- To resume hearings on the President’s proposed budget request for fiscal year Energy and Natural Resources mittee—of the time, place, and purpose To hold oversight hearings on the Presi- of the meetings, when scheduled, and 2000. SD–608 dent’s proposed budget request for fis- any cancellations or changes in the cal year 2000 for the Forest Service, De- meetings as they occur. FEBRUARY 12 partment of Agriculture. As an additional procedure along SD–366 9:30 a.m. with the computerization of this infor- Budget MARCH 2 mation, the Office of the Senate Daily To hold hearings on national defense 9:30 a.m. Digest will prepare this information for budget issues. Veterans’ Affairs printing in the Extensions of Remarks SD–608 To hold joint hearings with the House section of the CONGRESSIONAL RECORD Committee on Veterans’ Affairs to re- FEBRUARY 22 on Monday and Wednesday of each view the legislative recommendations week. 1 p.m. of the Veterans of Foreign Wars. Meetings scheduled for Tuesday, Feb- Aging 345 Cannon Building ruary 9, 1999, may be found in the Daily To hold hearings to examine the impact Energy and Natural Resources Digest of today’s RECORD. of certain individual accounts con- To hold oversight hearings on the Presi- tained in Social Security reform pro- MEETINGS SCHEDULED dent’s proposed budget request for fis- posals on women’s current Social Secu- cal year 2000 for the Department of the rity benefits. Interior. FEBRUARY 10 SD–628 SD–366 9:30 a.m. Health, Education, Labor, and Pensions FEBRUARY 23 MARCH 4 To hold hearings on Department of Labor 9:30 a.m. 9:30 a.m. budget intiatives. Health, Education, Labor, and Pensions Veterans’ Affairs SD–430 To hold hearings on Department of Edu- To hold joint hearings with the House Commerce, Science, and Transportation cation reform issues. Committee on Veterans’ Affairs to re- Business Meeting to markup S. 82, to au- SD–430 view the legislative recommendations thorize appropriations for Federal of the Veterans of World War I of the Aviation Administration. FEBRUARY 24 USA, Non-Commissioned Officers Asso- SR–253 9:30 a.m. ciation, Paralyzed Veterans of Amer- Indian Affairs Armed Services ica, Jewish War Veterans, and the To hold hearings on the nomination of Readiness Subcommittee Blinded Veterans Association. Montie R. Deer, of Kansas, to be chair- To hold hearings on the National Secu- 345 Cannon Building man of the National Indian Gaming rity ramifications of the Year 2000 Commission. computer problem. MARCH 10 SR–485 SH–216 9:30 a.m. 10 a.m. Armed Services Finance Health, Education, Labor, and Pensions Readiness Subcommittee To hold hearings on United States Trade Public Health and Safety Subcommittee To hold hearings on the condition of the Agreements compliance focusing on To hold hearings on antimicrobial resist- service’s infrastructure and real prop- international dispute settlement and ance. erty maintenance programs for fiscal domestic enforcement measures. SD–430 year 2000. SD–215 2 p.m. SR–236 Judiciary Armed Services Business meeting to consider pending Personnel Subcommittee MARCH 17 calender business. To hold hearings on proposed legislation SD–226 authorizing funds for fiscal year 2000 10 a.m. 11 a.m. for the Department of Defense and for Veterans’ Affairs Foreign Relations the future years defense program, fo- To hold joint hearings with the House Business meeting to consider commit- cusing on recruiting and retention poli- Committee on Veterans’ Affairs to re- tee’s rules of procedure for the 106th cies within DOD and the Military Serv- view the legislative recommendations Congress, and their subcommittee as- ices. of the Disabled American Veterans. signments. SR–222 345 Cannon Building S–116, Capitol FEBRUARY 25 MARCH 24 FEBRUARY 11 9 a.m. 10 a.m. 9:30 a.m. Energy and Natural Resources Veterans’ Affairs Environment and Public Works To hold oversight hearings on the Presi- To hold joint hearings with the House To hold hearings to examine the Presi- dent’s proposed budget request for fis- Committee on Veterans’ Affairs to re- dent’s proposed budget request for fis- cal year 2000 for the Department of En- view the legislative recommendations cal year 2000 for the Environmental ergy and the Federal Energy Regu- of the American Ex-Prisoners of War, Protection Agency. latory Commission. AMVETS, Vietnam Veterans of Amer- SD–406 SD–366 ica, and the Retired Officers Associa- Armed Services 9:30 a.m. tion. To resume hearings on proposed legisla- Veterans’ Affairs 345 Cannon Building tion authorizing funds for fiscal year To hold joint hearings with the House 2000 for the Department of Defense, and Committee on Veterans’ Affairs to re- SEPTEMBER 28 the future years defense program. view the legislative recommendations 9:30 a.m. SH–216 of the Military Order of the Purple Veterans’ Affairs Banking, Housing, and Urban Affairs Heart, the Fleet Reserve, the Retired To hold joint hearings with the House Business Meeting to markup S. 313, to re- Enlisted Association, the Gold Star Committee on Veterans’ Affairs to re- peal the Public Utility Holding Com- Wives of America, and the Air Force view the legislative recommendations pany Act of 1935, and to enact the Pub- Sergeants Association. of the American Legion. lic Utility Holding Company Act of 345, Cannon Building 345 Cannon Building CONGRESSIONAL RECORD — Extensions of Remarks E159 CANCELLATIONS FEBRUARY 11 POSTPONEMENTS Time to be announced FEBRUARY 10 Energy and Natural Resources FEBRUARY 10 Foreign Relations 9:30 a.m. 8:30 a.m. To hold joint hearings to examine United Judiciary Energy and Natural Resources States policy toward Iraq, focusing on Business meeting to consider pending Antitrust, Business Rights, and Competi- proposals to expand oil for food. tion Subcommittee calendar business. SD–419 SD–366 To hold hearings to review competition 8:30 a.m. and antitrust issues relating to the Year 2000 Technology Problem Telecom Act. To hold hearings to examine information SD–226 technology as it applies to the food sec- tor in the Year 2000. SD–192 Monday, February 8, 1999 Daily Digest Senate Anne Jeannette Udall, of North Carolina, to be a Chamber Action Member of the Board of Trustees of the Morris K. Routine Proceedings, pages S1337–S1384 Udall Scholarship and Excellence in National Envi- Measures Introduced: Six bills and one resolution ronmental Policy Foundation for a term expiring Oc- were introduced, as follows: S. 387–392, and S. Con. tober 6, 2004. Res. 7. Pages S1367±68 Joseph Bordogna, of Pennsylvania, to be Deputy Director of the National Science Foundation. Measures Passed: Page S1384 Honoring King Hussein: Senate agreed to S. Con. Messages From the President: Pages S1365±66 Res. 7, honoring the life and legacy of King Hussein ibn Talal al-Hashem. Pages S1382±84 Measures Placed on Calendar: Page S1366 Impeachment of President Clinton: Senate, sitting Communications: Pages S1366±67 as a Court of Impeachment, continued consideration Statements on Introduced Bills: Pages S1368±78 of the articles of impeachment against William Jef- ferson Clinton, President of the United States, re- Additional Cosponsors: Pages S1378±79 ceiving the presentation of evidence from the House Notices of Hearings: Page S1379 managers and White House counsel. Pages S1337±65 Additional Statements: Pages S1380±82 Notice of Intent: A notice of intent to suspend Adjournment: Senate convened at 1:06 p.m., and the Rules of Procedure and Practice in the Senate adjourned at 6:37 p.m., until 1 p.m., on Tuesday, When Sitting on Impeachment Trials in regard to February 9, 1999. any deliberations by Senators on the articles of im- peachment during the trial of President William Jef- ferson Clinton was submitted. Page S1365 Committee Meetings Notice of Intent: A notice of intent by Senators (Committees not listed did not meet) Daschle and Feinstein to suspend Senate Rules VII (paragraph 2) and VIII (paragraph 2) in order to per- SUBCOMMITTEE ASSIGNMENTS mit a motion to proceed to a censure resolution was Committee on Agriculture, Nutrition, and Forestry: On submitted. Page S1380 Tuesday, January 26, Committee announced the fol- Notice of Intent: A notice of intent by Senators lowing subcommittee assignments: Feinstein and Daschle to suspend Senate Rules VII and VIII in order to permit a motion to proceed to Subcommittee on Production and Price Competi- a censure resolution was submitted. Page S1380 tiveness: Senators Roberts (Chairman), Helms, Coch- A unanimous-consent agreement was reached pro- ran, Grassley, Craig, Kerrey, Daschle, Johnson, and viding for the Senate to continue to sit as a Court Lincoln. of Impeachment on Tuesday, February 9, 1999. Subcommittee on Marketing, Inspection, and Page S1365 Product Promotion: Senators Coverdell (Chairman), Messages From the President: Senate received the Helms, Cochran, McConnell, Baucus, Conrad, and following messages from the President of the United Kerrey. States: Subcommittee on Forestry, Conservation, and Transmitting the report on the 1999 National Rural Revitalization: Senators Craig (Chairman), Drug Control Strategy; referred to the Committee on Santorum, Coverdell, Fitzgerald, Grassley, Conrad, the Judiciary. (PM–6). Pages S1365±66 Leahy, Daschle, and Baucus. Nominations Received: Senate received the follow- Subcommittee on Research, Nutrition, and Gen- ing nominations: eral Legislation: Senators Fitzgerald (Chairman), D114 February 8, 1999 CONGRESSIONAL RECORD — DAILY DIGEST D115 McConnell, Roberts, Santorum, Leahy, Johnson, and Subcommittee on Military Construction: Senators Lincoln. Burns (Chairman), Hutchison, Craig, Kyl, Murray, SUBCOMMITTEE ASSIGNMENTS Reid, and Inouye. Committee on Appropriations: Committee announced Subcommittee on Transportation: Senators Shel- the following subcommittee assignments: by (Chairman), Domenici, Specter, Bond, Gorton, Subcommittee on Agriculture, Rural Develop- Bennett, Campbell, Lautenberg, Byrd, Mikulski, ment, and Related Agencies: Senators Cochran Reid, Kohl, and Murray. (Chairman), Specter, Bond, Gorton, McConnell, Subcommittee on Treasury and General Govern- Burns, Kohl, Harkin, Dorgan, Feinstein, and Dur- ment: Senators Campbell (Chairman), Shelby, Kyl, bin. Dorgan, and Mikulski. Subcommittee on Commerce, Justice, State, and Subcommittee on VA–HUD–Independent Agen- Judiciary: Senators Gregg (Chairman), Stevens, cies: Senators Bond (Chairman), Burns, Shelby, Domenici, McConnell, Hutchison, Campbell, Hol- Craig, Hutchison, Kyl, Mikulski, Leahy, Lautenberg, lings, Inouye, Lautenberg, Mikulski, and Leahy. Harkin, and Byrd. Subcommittee on Defense: Senators Stevens (Chairman), Cochran, Specter, Domenici, Bond, SUBCOMMITTEE ASSIGNMENTS McConnell, Shelby, Gregg, Hutchison, Inouye, Hol- Committee on Armed Services: On Thursday, January lings, Byrd, Leahy, Lautenberg, Harkin, Dorgan, and 14, Committee announced the following subcommit- Durbin. tee assignments: Subcommittee on District of Columbia: Senators Subcommittee on Airland: Senators Santorum Hutchison (Chairman), Kyl, and Durbin. (Chairman), Inhofe, Roberts, Allard, Hutchinson, Subcommittee on Energy and Water Develop- Lieberman, Cleland, Landrieu, and Reed. ment: Senators Domenici (Chairman), Cochran, Gor- Subcommittee on Emerging Threats and Capa- ton, McConnell, Bennett, Burns, Craig, Reid, Byrd, Hollings, Murray, Kohl, and Dorgan. bilities: Senators Roberts (Chairman), Bob Smith, Santorum, Snowe, Sessions, Bingaman, Kennedy, Subcommittee on Foreign Operations: Senators Byrd, and Lieberman. McConnell (Chairman), Specter, Gregg, Shelby, Ben- nett, Campbell, Bond, Leahy, Inouye, Lautenberg, Subcommittee on Personnel: Senators Allard Harkin, Mikulski, and Murray. (Chairman), Thurmond, McCain, Snowe, Cleland, Kennedy, and Reed. Subcommittee on Interior: Senators Gorton (Chairman), Stevens, Cochran, Domenici, Burns, Subcommittee on Readiness and Management Bennett, Gregg, Campbell, Byrd, Leahy, Hollings, Support: Senators Inhofe (Chairman), Thurmond, Reid, Dorgan, Kohl, and Feinstein. McCain, Santorum, Roberts, Hutchinson, Robb, Bingaman, Byrd, Cleland, and Landrieu. Subcommittee on Labor, Health and Human Services, and Education: Senators Specter (Chair- Subcommittee on Seapower: Senators Snowe man), Cochran, Gorton, Gregg, Craig, Hutchison, (Chairwoman), McCain, Bob Smith, Sessions, Ken- Stevens, Kyl, Harkin, Hollings, Inouye, Reid, Kohl, nedy, Robb, and Reed. Murray, and Feinstein. Subcommittee on Strategic: Senators Smith Subcommittee on Legislative Branch: Senators (Chairman), Thurmond, Inhofe, Allard, Hutchinson, Bennett (Chairman), Stevens, Craig, Feinstein, and Sessions, Landrieu, Bingaman, Byrd, Robb, and Durbin. Lieberman. D116 CONGRESSIONAL RECORD — DAILY DIGEST February 8, 1999 House of Representatives transmitted his report concerning the ongoing efforts Chamber Action to attain a sustainable peace in Bosnia and Bills Introduced: 17 public bills, H.R. 613–629, Herzegovina—referred to the Committee on Inter- and 1 resolution, H.J. Res. 24, were introduced. national Relations and ordered printed (H. Doc. Pages H480±81 106–18). Pages H466±68 Reports Filed: Reports were filed as follows: Senate Messages: Messages received from the Senate Filed on Feb. 5: H.R. 437, to provide for a Chief today appear on pages H463–64. Financial Officer in the Executive Office of the Quorum Calls—Votes: No recorded votes or President (H. Rept. 106–7 part 1); quorum calls developed during the proceedings of Filed on Feb. 5: H.R. 391, to amend chapter 35 the House today. of title 44, United States Code, for the purpose of facilitating compliance by small businesses with cer- Adjournment: The House met at 2:00 p.m. and ad- tain Federal paperwork requirements, to establish a journed at 2:15 p.m. task force to examine the feasibility of streamlining paperwork requirements applicable to small busi- nesses (H. Rept. 106–8 part 1); Committee Meetings Filed on Feb 5: H.R. 436, to reduce waste, fraud, No Committee meetings were held. and error in Government programs by making im- f provements with respect to Federal management and debt collection practices, Federal payment systems, COMMITTEE MEETINGS FOR TUESDAY, Federal benefit programs (H. Rept. 106–9 part 1); FEBRUARY 9, 1999 H.R. 193, to designate a portion of the Sudbury, Assabet, and Concord Rivers as a component of the (Committee meetings are open unless otherwise indicated) National Wild and Scenic Rivers System (H. Rept. 106–10); Senate H.R. 439, to amend chapter 35 of title 44, Committee on Appropriations: Subcommittee on Agri- United States Code, popularly known as the Paper- culture, Rural Development, and Related Agencies, to work Reduction Act, to minimize the burden of hold hearings on proposed budget estimates for fiscal year 2000 for the Department of Agriculture, 10 a.m., Federal paperwork demands upon small businesses, SD–138. educational and nonprofit institutions, Federal con- Committee on Armed Services: business Meeting to resume tractors, State and local governments, and other per- markup of S. 257, to state the policy of the United States sons through the sponsorship and use of alternative regarding the deployment of a missile defense capable of information technologies (H. Rept. 106–11, Part 1); defending the territory of the United States against lim- and ited ballistic missile attack, 8:45 a.m., SR–222. H.R. 440, to make technical corrections to the Full Committee, to resume hearings on proposed legis- Microloan Program (H. Rept. 106–12). Page H480 lation authorizing funds for fiscal year 2000 for the De- partment of Defense, and the future years defense pro- Presidential Messages: Read the following mes- gram, 10 a.m., SH–216. sages from the President: Committee on Commerce, Science, and Transportation: to Economic Report of the President: Message re- hold hearings on the nomination of Wayne O. Burkes, of ceived on Feb. 4, 1999 by the Clerk wherein he Mississippi, to be a Member of the Surface Transportation transmitted his Economic Report—referred to the Board, Department of Transportation; to be followed by Joint Economic Committee and ordered printed (H. a hearing on S. 96, to regulate commerce between and among the several States by providing for the orderly res- Doc. 106–2); Pages H464±66 olution of disputes arising out of computer-based prob- District of Columbia Budget Request: Message lems related to processing data that includes a 2-digit ex- received on Feb. 5, 1999 by the Clerk wherein he pression of that year’s date, 9:30 a.m., SR–253. transmitted his budget request for the District of Committee on Finance: to hold hearings to examine gen- Columbia—referred to the Committee on Appropria- eral revenue financing of Social Security, 10 a.m., tions and ordered printed (H. Doc. 106–17); and SD–215. Committee on Health, Education, Labor, and Pensions: to Page H468 hold hearings on proposed legislation authorizing funds Peace in Bosnia and Herzegovina: Message re- for elementary and secondary education programs, 9:30 ceived on Feb. 5, 1999 by the Clerk wherein he a.m., SD–430. February 8, 1999 CONGRESSIONAL RECORD — DAILY DIGEST D117 House Committee on Rules, to consider the following: H.R. 391, Small Business Paperwork Reduction Act Amendments of Committee on International Relations, Subcommittee on 1999; H.R. 437, Presidential and Executive Office Finan- Africa, hearing on America’s stake in trade and invest- cial Accountability Act of 1999; H.R. 436, Government ment in Africa, 1:30 p.m., 2172 Rayburn. Waste, Fraud and Error Reduction Act of 1999; and to Committee on Resources, Subcommittee on Forests and approve the following: Committee Budget; Committee Forest Health, hearing on the Community Protection and Oversight Plan for the 106th Congress; and Committee Hazardous Fuels Reduction Act of 1999, 2:00 p.m., 1334 Budget Views and Estimates for Fiscal Year 2000, 1 Longworth. p.m., H–313 Capitol. D118 CONGRESSIONAL RECORD — DAILY DIGEST February 8, 1999

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 1 p.m., Tuesday, February 9 12:30 p.m., Tuesday, February 9

Senate Chamber House Chamber Program for Tuesday: Senate will continue to sit as a Program for Tuesday: Consideration of 5 Suspensions: Court of Impeachment to consider the articles of im- (1) H.R. 433, to restore the management and person- peachment against President Clinton. nel authority of the Mayor of the District of Columbia; (2) H.R. 169, to amend the Packers and Stockyards Act; (3) H.R. 440, to make technical corrections to the microloan program; (4) H.R. 439, to minimize the paperwork demands upon small business; and (5) H.R. 435, to make miscellaneous changes to trade law Note: No recorded votes are expected before 5 p.m.

Extensions of Remarks, as inserted in this issue

HOUSE Houghton, Amo, N.Y., E155 Underwood, Robert A., Guam, E154, E157 Kasich, John R., Ohio, E155 Vento, Bruce F., Minn., E153 DeLauro, Rosa L., Conn., E155 Knollenberg, Joe, Mich., E153, E156 Weldon, Dave, Fla., E155 Farr, Sam, Calif., E154, E156 Lee, Barbara, Calif., E156 Hilleary, Van, Tenn., E155 Packard, Ron, Calif., E154

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